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1988/06/01 - Agenda Packet
f~ s : CITY _ _ COUNCIL ~ A G E N D A CITY OF RANCHO CUCAMONGA i REGULAR MEETINGS 1st and 3rd Wednesdays - 7:30 p.m. June 1, 1988 Lions Park Community Center 9161 Base Line Road Rancho Cucamonea +.. City Councllmembers Dennis L. Stout. nroyo. Pamela J. Wright, nrayo.v~rm Deborah N. Brown, co~anrm.mer. Charles J. Buquet, co~~.nmrmer. Jeffrey King, co~~~nm.me.. .sr Lauren M. Wasserman. cr,~Ma„ao„ James Markman, cry Auumq Beverly A. Authelet, arrr arrR City Office: 989-1851 Lions Park: 980-3145 i :/ ~ / ~ ~ 00,,E c3 - City Council Agenda ~ ~ , i June 1, 1988 PAGE i 1 I Ali items submitted for the City Council Agenda must be in i i writing. The deadline for submitting these items is 5:00 i ~. I I p.m. on the Vednesday prior to the meeting. The City , i ~ II Clerk's Office receives all such items. ' j ' I i i i a r..ALL rn Q~.DEn ... .., t I i i 1. Pledge of Allegiance to Flag. t I ~I ~ i 2. Roil Call: Brown Bu quet _, Stout '~ i ~. I II i King _, and Wright _ i I B. ANNOUNCEMENTS/PRESENTATIONS 1, Presentation of a 10-Year Service Award; I I Jack Lam, Community Development Director i II I C. CONSENT CALENDAR I i I i ~ The foilowin! Consent Calendar items are expected to be I i I routine and non-controversial. They will be acted upon by ' the Council at one time without discussion. Any its may be ~ I I removed by a Councilmember or member of the audience £or ~ I i I I uiacuyyiun. I j 1. Approval of Minutes: April 20, 1988 I ~ ~ I ! I I ' 2, Approval of Warrants, Register No's. 5/18(88 and i 1 i '. I 5/25/88, and Payroll ending 5/12/88 for the total amount of $1,969,471.12. i ~ 3. Approval to receive and file current Investment ID Schedule as of May 25, 1988. ~ i 4. Alcoholic Beverage Application for On Sale Beer E Wine 19 Public Premises, The Cub, Jolene K. Kirby, 8411 Foothill t i I 'Illl Boulevard. I i ... nie uv~~ vertu aye pyi~~a~ion im on ~aie oem a nine I Eating Place, Joe's New York Deli, Juan Jose Nutkowicz, Z1 8645 Haven Avenue A550. 6, Approval of Map, execution of Improvement Agreement and 23 Improvement Security for Tract 13697, located on the southwest corner of Haven Avenue and Carrari Street, _ submitted by NAFDT, A California Lfmited Partnership. i r j` r PAGE City Council Agenda June 1, 1988 RESOLUTION N0. 88-336 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, i IMPROVEMENT SECURITY, AND FINAL MAP OF i ~ TRACT N0. 13697 I ~ j ~ 7. Approval of Map, execution of Improvement Agreement and 26 ~ Improvement Security'or Tract 13715, located on the i ~ northeast corner of Jennet Street and Exeter Court, i submitted by Halton Iii 11 side Estates Company. RESOLUTION N0. 88-337 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL HAP OF ~ TRACT NO. 13715 i 8. Approval of Map, execution of Improvement Agreement and 2g Improvement Security for Tract 13742, located on the i ' south side of Arrow Route, between Sierra Madre and ~ i ~ ~ ~ Calaveras Avenues, submitted by A. C. 6 C. Development ~ ~ I I Company Limited. ~ RESOLUTION ND. 88-338 30 A RESOLUTION OF THE CITY COUNCIL OF THE i CITY OF RANCHO CUCAMON GA, CALIFORNIA, t I ~ APPROVING IMPROVEMENT AGREEMENT, i I IMPROVEMENT SECURITY, ANO FINAL MAP OF ~ TRACT N0. 13742 9. Approval of Map, execution of Improvement Agreements and 32 Improvement Securities for Tracts 12650 and 12650-4, '~ located on the east side of Haven Avenue, north of i Nilson Avenue, submitted by The Deer Creek Company. , ~ ~ I ~ kESOLUT[ON N0. A8-339 ~ 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGR, CALIFORNIA, APPROVING iMPROVENENT AGREEMENTS, IMPROVEMENT SECURITIES, AND FINAL MAFS OF TRACT NOS. 12650 AND 12650-4 PAGE City Council Agenda June 1, 1988 10. Approval to execute Impra vement Agreement Eztensi on for 37 Tract 12590-3 and Tract 12590-4, located on the northeast corner of Base Line Road and Haven Avenue, submitted by Lewis Homes. '. i i~ , I RESOLUTION N0. 88-340 38 I ~ , I ! A RESOLUTION OF THE CITY COUNCIL OF THE i ~ 'i CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ~ i i I AND IMPROVEMENT SECURITY FOR TRACT NOS. I I ' i ~ 12590-3 AND 12590-4 ~ I i 11. Approval to execute Improvement Agreement Extension for 39 Tract 12590, located on the northeast corner of Base Line Road and Haven Avenue, submitted by Lewis Homes. RESOLUTION N0. 88-341 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ~ AND IMPROVEMENT SECURITY FOR TRACT 12590 ~~~ ~ ~ ~ 12. Approval to execute Improvement Agreement Extension for 41 Tract 12590-2, located on the northeast corner of Base l inn Anal and Hwan dva nun cuhmif Tad h_v lark Hnmac RESOLUTION N0. 86-342 42 A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF RANCHO CUCAMONGA, CALIFORNIA, ~ APPROVING IMPROVEMENT AGREEMENT EXTENSiOii AND IMPROVEMENT SECURITY FOR TRACT 12590- . 2 '. 13, Approval to execute Improvement Agreement Extension for 43 ' Tract 13192, located on the north side of Terra Vista I Parkway, east of Spruce Avenue, submitted by Lewis I I Homes. I ~ i ~ I i ~ i ~ RE$OLUTiOii ii0. o"0-°~43 dd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALTFORNIR, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13192 PAGE City Council Agenda June 1, 1988 I j 14. Approval to confirm a City Council decision made on May j 45 ! ~ 1S, 1988, for an appeal of a Planning Commission j ~ ~ decision relating to a Time Extension far Tentative ~ t Tract No. 12332 - Cristiano, located on the north side I i of Hillside Channel east of Haven Avenue. I I l i RESOLUTION NO. 88-344 46 I I I I A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF RANCHO CUCAMON GA, CALIFORNIA, I I i APPROVING A REQUEST FOR A TIME EXTENSION '' t FOR TENTATIVE TRACT MAP NUHBER 12332, TO ~~ ~ PERMIT A CUSTOM LOT RESIDENTIAL I SUBDIVISION OF 151 LOTS ON 85 ACRES OF I LAND IN THE VERY LOW RESIDENTIAL DISTRICT AND LOCATED ON THE NORTH SIDE bF HILLSIDE CHANNEL EAST OF HAVEN AVENUE, RANCHO CUCAMONGA, CALIFORNIA, ANO MAKING j ~ FINDIN65 AND SUPPORT THEREOF ~, i j 15. Approval to execute Program Supplement No. 13 (CO 88- 50 j 067) for Local Agency-State Agreement No. 08-5420 i between the City of Rancho Cucamonga and the State of ''. ! I ~ Cali fer.^.ia far the Raadway laprovement cf Grave Avenue j I ~ ~ i within the Atchison, Topeka and Santa Fe Railroad nor et s Na c h f e s The Citv' Dort on of i140.1 6.OO to b fu ded bv ' I ~ ~ j Systems Development Funds, Account No. 22-4637-8751. ' j ~ I I ~ i RESOLUTION N0. 86-345 51 I i . A RESOLUTION OF THE CITY CCUNCIL OF THE i ~ CITY OF RANCHD CUCAMON GA, CALIFORNIA, t i AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT N0. 13 FOR LOCAL-STATE AGREEMENT N0. OS-5420 FOR RO ADNAY I WIDENING IMPROVEMENTS ON GROVE AVENUE ~ ~ I NSTHIN THE ATCHISON, TOPEKA AND SANTA FE RAILROAD CROSSING (N0. 2-99.7) RIGHT-OF- ~ WAY ~ ~ j ~ ~ j j 16 Ap pwn yal 4n o rule Anronemnnf fer Installat a^, ^s o. bti9 j y.. J F3 I i Improvement and Dedication (CO 88-068) between Albert f. i Bangle and Vivian E. San gle and the City of Rancho Cucamonga for Street Frontage Improvements along 6714 Amethyst Street and 19th Street, located at the southwest corner of 19th Street and Amethyst Street. rjC^ Y- Gl PAGE City Council Agenda June 1~, 1988 I ; RESOLUTION N0. 88-346 54 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREME NT FOR INSTALLATION ; OF PUBLIC IMPROVEMENT AND DEDICATION FROM I l i l ALBERT F. BANGLE AND VIVIAN E. BANGLE, ANU gUTHORIIING THE MAYOR AND CITY CLERK i TO SIGN SAME i 17. Approval to execute contract (CO 88-069) for the Slurry l 55 ~i ~ Seal Program, Phase I, fiscal year 1981-88, District 1-9 i ~ ; as shown on attached maps, awarded to IPS Services for ; the amount of (95,000 to be funded from S.B. 300 funds, i Account No. 15-4637-8050. 19. Approval to award and execute a Professional Service 57 Agreement (CO 88-070) for Planning and Design Services relating to the updating of the City's Master Plan of Drainage for the Cucamonga, Deer and Oay Creeks area to Psomas and Associates for the amount of 5258,300 to be funded from Drainage Funds, Account No. 23-4637-8766 with partial reimbursement (575,000) from RDA Fund No. ''. ~ ??-50300. i ~ I j 19. Approval to execute a Professional Services Agreement 59 I I (CO 88-0711 with GPS Consulting Engineers to ore oa re I '~~ ~ i Base Line Road Widening Phase I from Route 15 to 500 feet west of Etiwanda Avenue and Storm Drain i ~ I i ~ Construction for a fee not to exceed f50,600.00 to be • funded from the Systems Development Fund, Account No. 'li 22-4637-8730. I ~ i RESOLUTION N0, 98-347 59 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERYYCES AGREEMENT WITH GPA CONSULTING ENGINEERS OF TUSTIN, CALIFORNIA, TO PREPARE PLANS, I SPECIFICATIONS AND ESTIMATE FOR SASE LINE I ~ ~ pnnn iMDpnIfFNFNT eyn crnpu npnlµ opn.JrCr FROM ROUTE 15 TO 500 FEET NEST OF ETINANDA AVENUE / / ~ /c ~~ /; >,o ~>irs~' City Council Agenda j°'/y,~a/ June 1, 1988 PACE 6 ; 20. Approval to award the contract for design services 59A relating to the updating of the City's Standard Plans and Development Specifications to U. F. Davidson 6 Associates, Incorporated, for the amount of 527,075.00 j j ~ i to be funded from Development Management Contract I Services, Account Number 01-4638-6028. j I 2i. Appro vai to award the Vicioria Sireei Reha bii iiation and 6G j Drainage Improvement Project between Etiwanda Avenue and ~ I East Avenue to Bob Britton, Incorporated for the amount j ~ of 6144,979,85 to be funded from Gas Tax 2107 Fund, 'I ~ ; 22. Approval to award the Construction of Maintenance 62 Facility at Red Hill Community Park Project to Bopark Enterprises for the amount of 6139,000.00 to be funded from Capital Improvement Facilities - Account No. 01- 4647-7043. i 23. Approval to award the Traffic Signal and Safety L19hting 64 at Highland Avenue and Etiwanda Avenue Improvement Project to Hovey El ettric, Incorporated, for the amount i of 693,255.00, to be funded from TDA Article 8 Funds- ~~, i Account No. 12-4637-8707. ~I i 24. Approval to award the Traffic Signal and Safety Lighting 66 '~, I at Highland Avenue and Milliken Avenue Improvement I I Project to Hovey Electric, Incorporated, for the amount ! ' of 681,332.00, to be funded from TOA Article 8 Funds- Account No. 12-4637-8708. ~ I I 25. Approval to award the 5 year lease/purchase of a 2,000 68 ! gallon water truck to Dieterich International of Pomona, ! California, for the amount of b54,634.00, to be funded i from Capital Expenditures - Account No. 01-4647-7045. 26. Approval to enter into an agreement on the financing of 69 City equipment which has been procured in accordance with purchasing procedure with 1st Interstate Credit I Alliance, Inc. over a five year period. V RESOLUTION N0. 68-348 i 79 A RtSULUTf UN OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASE PURCHASE OF CITY EQUIPMENT THROUGH 1ST INTERSTATE CREDIT ALLIANCE, INC. PAGE City Council Agenda June 1, 1988 ~ 'i 27. Approval to award the Slurry Seal Program, Phase II, gl j 1987/88 to Pavement Coatings Co. far the amount of i §66,364.66 to be funded from SB 300 Funds - Account No. ~ 15-4631-8050. ~ 28. Approval to award the Lion Street Improvement Project 83 I , ~ ~ between the Atchison, Topeka and Santa Fe Railroad and I i i i I Ninth Sire et to Jc6 Construction for the amount of l i ' i §51,747.10, to be funded from Capital Reserve Fund- t j I Account No. 72-4265-6028. ~ l ~I i 29. Approval to award the Hillside Road Storm Ora in and 85 ~ Street Improvement Project, from Hatachite Avenue to ~ i ~ i I i Archibald Avenue to Laird Construction for the amount of , I I I ~ §432,360.80, to he funded from System Development Fund- Account No. 22-4637-8148 and new City-wide drainage fund Account. 30. Approval to award the Etiwanda Storm Drain System Line 87 2-1, Phase I Improvement Project, located Mest of I-15, north of Victoria Street from the Victoria 8a sin to I i north of Highland Avenue and future Route 30 Freeway, to i Albert N. Davies, Incorporated, for the amount of §597,330.On, to be funded from Orai nage Fund - Account ~ ~ j No. 19-4637-8194. 31. Approval to award the Archibald Avenue Sidewalks, Phase 89 I ~ [I Improvement Project, from Foothill Boulevard to 6th ~ Street, to B-1 Enterprises Corporation for the amount of §37,650.50, to be funded from S8A 325/TOA Article 3 ~ i ~ i Funds, Account No. 12-4637-8605. ' 32. Approval to award a contract for consultant services to i 91 ~ t BSI Consultants, Incorporated in the amount of i §73,120.00 for production of a city-wide Traffic Control Device Inventory. This inventory Mill determine the number, condition, and location of all traffic control devices in the City. The devices include, but are not limited to, signs, stripes, legends and curb markings. A computer system (hardware and software) will also be ~ ~ provided to keep z dynamic system whereby devices can be I, ~ ~ ~ ~ ~ monitored, serviced, re olacnd er removed according to ~ ' i ~ time passed and current condition. The knowledge and control gained wfll help to reduce future risk and ', liability caused by substandard, damaged or missing I traffic control devices. ~~ / ; ~ ~ i i a ` ' "; ~°' ~~ City Council Agenda ~~%"~''i June 1, 1986 PAGE 8 33. Approval to reject ali bids as suhmitted for the 94 Sapphire Landscaping Trail Renovation, Located south of ~ Banyan Street, as non-responsive to the needs of the I ! ~ City and authorize readvertizing of the project. I i RESOLUTION N0. 86-349 96 I il l n RESOLuTiOH DF IHE CITY COUNCIL DF ihE I , CITY OF RANCHO CUCAMONGA, CALIFORNIA, I j i ' APPkOr iNG PLANS AND SPECIFICATIONS FOR ~ I TIIE "SAPPHIRE TRAIL LANDSCAPING AND I ~ ! i RECONSTRUCTION" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK l i i i TO ADVERTISE TO RECEIVE BIDS l 34. Approval to reject bids for the City Corporate Yard, 100 Phase I, located at 9153 Ninth Street, Rancho Cucamonga, as being non-responsive to the needs of the City. 35. Approval to accept the Victoria Park Lane Relandscaping 102 and Reconstruction as Complete, release bands and ~ authorize the City Engineer to file a notice of ~ completion and approve the final contract amount of ~ ~, 5764.18 ?9. RESOLUTION N0. 86-350 103 I~ A RESOLUTION OF THE CITY GOUNC IL OF THE i CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ~, VICTORIA PARK LANE LANDSCAPING AND RECONSTRUf,TION ANO AUTHORIZING THE FILING i OF A NOTICE OF COMPLETION FOR THE WORK 36. Approval to accept improvements, release bonds and file a notice of completion for: I Tract 12673 located on the east side of Milliken Avenue 104 i nort of urc, treet. Release: raith rui Performance Bond (Streei) y2i6,000 Accept: Maintenance Guarantee Bond (Street) S 27,800 I ~ ~ ~ ~ ~ ; ~/~ i PAGE o,~• ~~ City Council Agenda / y'c3% June 1, 1388 9 I I RESOLUTION N0. 88-351 105 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR ~ TRACT 12783 AND AUTHORS ZING THE FILING OF I i l ~ A NOTICE OF COMPLETION FOR THE NORK I Tract 12532 located on the south side of Victoria 106 ~ , ~ venue between rc iba d venue an Ramona Venue. ~ I i ~ I ~ i ~ Release: ~ I I ~ Faithful Performance Bond (Street) (606,000 j I Accept: Maintenance Guarantee Bond (Street) E 60,600 RESOLUTION N0. 88-352 107 R RESOLUTION OF THE CITY COUNCIL OF THE ~ CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PL'B LIC IMPROVEMENTS FOR I ~ I NG OF E R I G TNE wORK A NOTI CE OF OMP LETI ON FOR I CUP 65-26 located on the north side of Base Line Road 108 west o ictoria Par an e. i Faithful Performance Bond (Street) E 12,000 ' ~ ~ RESOLUTION N0. 88-353 ~ 109 A RESOLUTION OF THE CITY COUNCIL OF THE i CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 85-26 ANU AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK DR 86-22 located on the east side of 6th Stree: north 110 uef~~~ - Certification of Deposit (Street) S 8,000 PAGE City Council Agenda ' June 1, 1988 10 I ~ I ~ I I j i i RESOLUTION N0. 88-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCRNONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 86-22 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE MORK ~ DR 86-39 located on the northwest corner of Helms i 111 12 i j venue an 9th Street. Certification of Deposit S 7,400 ~ ~ i II RESOLUTION N0. 88-354 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, C T I I P E D F ~ 86 39 RND AUTHORI ZING THE FILING OF A NOTICE OF COMDLET ION FOR THE WORK 37. Approval to execute Contract Change Order No. 1 (CO 87- 114 i I 181) for a Professional Services Agreement with ' Jeffreys and A<_<_ociates F'. eld Services for the 19th I Street Project from Haven Avenue to Car tills Avenue. It I I is recommended that the Errors and Omissions Insurance i i'. i ! I included in the Agreement be waived. I 36. Approval to execute Contract Change Order No. 1 (CO 87- 115 194) fora Professional Services Agreement with Jeffreys i and Associates Field Services to perform Right-of-Way ~ ' Appraisal-Acquisition Services for the 19th Street i Project from west City Limits to Jasper Street. It is recommended that the Errors and Omissions Insurance be waived and the Norke is Compensation Insurance crossed out in the Agreement, Section 8 (a ), as not applicable, i be reinstated. 39. Appproval to execute Contract Change Order No. 4 (CO 87- 116 20) fora Professional Services Agreement with Dor, Greek I and Associates to continue design administration for ~ four (d) nha eae of 1m4h C4 roof prnj ecTS to 1.e s~nA Bd j ' rrom Systems Development Fund Account No. 22-4637-8743. It is recommended to expand their contract by 58.000.00 to bring their contract total to 562,000.00. 41~ PAGE City Council Agenda June 1, 1988 11 ~~- 1 i 40. Approval to name the park facilities in the Victoria 118 "Vineyards North" Development: Kenyon Park (Northerly facility) and Vintage Park (South of Victoria Park Lane). ~ ~ ~ 41. Set public hearing fnr July 6, 1988 - Approval to Annex 121 Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 ~, ~ (various locations throughout the City) to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 46 and Annexation No. 30. ~~ ~ II I, RESOLUTION 88-355 122 ~ ' i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION ND. 46 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 88-356 132 i A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNE%ATIGN TO STREET LIGHTING MAINTENANCE Arin M T N ANNFx AS DESIGNATING SAID ANNE A7 iDN I N0. 46 TO STREET LIGHTING MAINTENANCE ~ I DISTRICT N0. 1; PURSUANT TO THE I LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING ~ OBJECTIONS THERETO RESOLUTION N0. 88-357 134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNE%RTION N0. 30 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 4 PAGE City Council Agenda June 1, 1988 12 ~ I I RESOLUTION ti0. 88-358 144 A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ~ DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE I OI ST RI CT N0. 2: 9N ASSESSMF.RY DlsrRt cT~ I I ~ DESIGNATING SAID ANNEXATION AS ANNEXATION I I N0. 30 TO STREET LIGHTING MAiNTE NAN CE ~ DISTRICT N0. 2; PURSUANT TO THE i ii LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A 71ME AND PLACE FOR HEARING it ~ i OBJECTIONS THERETO I 42. Sat public hearing far July 6, 1988 - Approval to Annex 146 Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 (various locations throughout the City) to Landscape Maintenance District No. 1 as Annexation No. 4S. RESOLUTION N0. 88-359 147 A RESOLUTION OF THE CITY COUNCIL OF THE I CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF ~ I E I Y ~ i I LANDSCAPE A NEXAT N N0. 48 TO REPORT OR MAINTENANCE DISTRICT N0. 1 i i ~ ~ RESOLUTION N0. 88-360 156 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITI' OF RANCHO CUCAMON GA, CALIFORNIA, ~ j DECLARING ITS INTENTION TO ORDER THE ' ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION ; N0. 48 TO LANDSCAPE MAINTENANCE DISTRICT I N0. 1; PURSUANT TO THE LANDSCAPING AND ~ LIGHTING RCT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO ~ ~ ~ ~ ~ 43. Set public hearing for June 15, 1988 - Consideration of 158 ~~nn of onF Vni ar arrocc ri nnic inn ririvoua_vc nn e L hicle access on omita Jasper Street and an emergency V Drive. ~- ~ . / - ` ~ PAGE 3C/PU ; ;; /i ~,, r, City Council Agenda _ / . /. mom 5/b 3~ dune 1, 1988 13 I ~j j RESOLUTION N0. 98-361 159 i A RESOLUTION OF THE CITY COUNCIL OF THE ~, ~ i CITY OF RANCHO CUCAMONGA, CALIFORNIA, I I I COUNTY OF SAN BERNARDINO, STATE OF j I CALIFORNIA, DECLARING ITS INTENTION TO VgrerF YEHirU L4R grrrc5 ili L.HTS pnP Tyn I DRIVEMAYS ON JASPER STREET AND qN EMERGENCY VEHICLE ACCESS ON LOMITA DRIVE j 'I I D. CONSENT ORDINANCES j g public hearings at the The follorin Ordinances have had ~ j ~~ Lire of first reading. Second readings are expected to be j routine and non-controversial. They rill be acted upon by ~ the Council at one Lisa without discussion. The City Clerk rill read the title. Any iter can be reroved for discussion. ~ 1. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT DM NT 8-05 - N N - request to amen the Deve opment istrict Map rom °FC" (Fl and Control" to j I "LM" (Low-Medium Residential, 4-8 dwelling units per i ~ j acre) fora 1.06 acre parcel, located north of Highland ~ Avenue, west of Milliken Avenue - APN: Portion of 201- 1 271-55. I ORDINANCE N0. 349 (second reading) 160 I I I I AN ORDINANCE OF THE CITY COUNCIL OF THE I j CITY OF RANCHO CIIC AMONGA, CALIFORNIA, j i APPROY iNG DEY ELOPMENT OI ST RI CT AMENDMENT 88-05, REQUESTING A CHANGE iN THE I DEVELOPMENT DISTRICT DESIGNATION FROM O L T 0 M" N RES [DE NT~AL) FOR A 1 . 06 ACRE PARCEL LOCATED NORTH OF HIGHLAND AVENUE, NEST OF MiLLIKEN AVENUE - APN: A PORTION OF 201- ~ 271-55 '/ I_ilNllll~VallllN I1~ ~\IaN111111AL NI 1_1L \_{V L_i_I_t I_IMII\_- Recomnen at on to estab s speed mats on V ctor a I Street from Haven Avenue to Mendocino Piace, Baker Avenue from 8th Street to Foothill Boulevard and Red Hill Country Club Drive from Foothill Boulevard to Alta Cuesta Drive. 4L~ PAGE City Council Agenda June 1, 1988 14 i ~~ I ORDINANCE N0. 350 (second reading) 161 I ' I I ' I AN ORDINANCE OF THE CITY COUNCIL OF THE I CITY OF RANCHO CUCAMONGA, CALIFORNIA, j it AMENDING SECTION 10.20.020 OF THE RANCHO I I ~ CUCAMONGA CITY CODE REGARDING PRIMA FACIE i GDFFO I iY j'(C I10 MI f[p'lATM rTTV CTpFFTC ~~ ~ ~ I E. ADVERTISED PUBLIC HEARIN65 ~ i ~ i The following items have been advertised and/or posted as public hearings as required by law. The chair will open the j ;, ' meeting to receive public testimony. i~ 1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 87- 164 O G - N U E D V L M - request to amen t o General Pan Lan Use Map from Low-Ned ium Residential i ' (4-8 dwelling units per acre) to High Residential (24-30 ' dwelling units per acre} for 5.05 acres of land, located on the south side of Base Line Road, west of Archibald i i Rvenue - APN 208-031-18, 19. (Continued from May 18, t I 1988 meeting) , ~ I RESOLUTION N0. 88-362 180 i ~'~ ~ ~ I ,.-nn..._. _.. _.. _..n ... _,. __.....,.. _- _..- 11 JV LVI\Vll VI IIIL L\11 YVVIIL\L VI IIIL CITY OF RANCHO CUCAMONGA, CALIFORNIA, i i, ~ ~ APPROVING A REQUEST TO AMEND THE LAND USE I I I MAP OF THE GENERAL PLAN, GPA 97-04G, FROM ~ ~ LOW-MEDIUM RESIDENTIAL (4-8 DNELLING I I ~ I UNITS PER ACRE) TO HIGH RESIDENTIAL (24- ~ i 30 DNE L! ING UNITS PER ACRE) FOR A SENIOR I HOUSING PROJECT ON 5.05 ACRES OF LAND LOCATED ON THE 50UTH SIDE OF BASE LINE ROAD, NEST OF ARCHIBALD AVENUE, RANCHO CUCAMONGA, CALIFORNIA, ANO MAKE FINDINGS IN SUPPORT THERETO ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT D15TRICT 164 I ~ ~ ~ ~ AMENDMENT 87-05 - NOURSE DEVELOPMENT - A request to I i i nnA •6n OnanlnrvnnnF OGnF nin• Man Fnnm Inu .YnA L..n !.t-O u pnoirv v~u• • n.y ~ vm n-..v.. ,~-o ~ dwelling units per acre) to High Residential (24-30 dwelling units per acre) attached with the Senior Housing Overlay District (SHOD) to the base district for 5.05 acres of land, located on the south side of Base Line Road, west of Archibald Rvenue - APN 208-031-18, 19. PAGE City Council Agenda June 1, 1988 15 i ~, I ~ ~ ORDINANCE N0. 351 (first reading) 182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUf.AMONGA, CALIFORNIA, APPROVING A REQUEST TO AMEND THE ~ ~ I DEV EL OPMENI' DISTRICT MAP, ODA 87-05, FROM ~ ii LOW-MEDIUM RES*"E HiIAL (4-9 "kELL1HD ' UNITS PER ACRE) TO NIGH RESIDENTIP.L (24- 30 DWELLING UNITS PER ACRE) ATTACHED WITH i I THE SENIOR HOUSING OVERLAY DISTRICT I i I (SHOD) FOR q 5.05 ACRE PARCEL LOCATED ON I THE SOUTH SIDE OF BASE LINE ROAD, NEST OF i ARCHIBALD AVENUE, RANCHO CUCAMONGA, ~ I ~ CALIFORNIA, AND MAKE FI ND[NGS IN SUPPORT I THEREOF DEVELOPMENT AGREEMENT 87-02 - NOURSE DEVELOPMENT - A 164 Deve opment greement between t e City of Rancho Cucamonga and Nourse Development for the purpose of ~ providing a Senior Housing Project per the requirements of the Senior Housing Overlay District (Section 27.20.040 of the Development Code, Ordinance 211) for i 170 apartment units to be located on the south side of i i ~ Base Line Road, west of Archibald Avenue - APN 208-031- ~ ' i ~ 18, 19. I I I I ttLJULVIlUO i~~, bo-sos -°° i I A RESOLUTION OF THE CITY COUNCIL OF THE ~ i CITY OF RANCHO CUCAMON GA, CALIFORNIA, I APPROVING THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT N0. 87-02 SENIOR I CITIZENS' HOUSING" CONCERNING THAT PROPERTY LOCATED SOUTH OF BASE LINE ROAD, NEST OF ARCHIBALD AVENUE, IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 87- 164 j 04H - WE END INVE TMEN - request to amen the Lan I Use E ement o t o General Plan from Low-Medium ~ ~ ~ ~ ~ Residential (4-8 dwelling units per acre) to Office for I.G9 aII C'v VI lalld, lYlatCd UII the 11e]t ~~Ide YI Archibald Avenue, south of Base Line - APN 208-031-17, 54, 55, 56 and 57. PAGE City Council Agenda June 1, 1988 16 ,, l j j i j l j ~ I RESOLUTION N0. 88-364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN, GPA 87-04H, FROM Lny_HE DTON prSrnrPrr eL /n_g n(~ELLrilG I UNITS PER ACRE) TO OFFICE FOR A 1.69 ACRE PARCEL LOCAT EO ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, AND MAKE FINDINGS IN SUPPORT THEREOF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT 186 4 NDM 8 -06 - T ENO INVESTMENT - request to I amend t e Oeve opoent Distr cts Nap from Low-Medium I Residential (4-B dwelling units per acre) to Office Professional for 1.69 acres of land, located on the west side of Archibald Avenue, south of Base Line Road - APN 208-031-17, 54, 55, 56 and 51. ORDINANCE N0. 352 (first reading) 188 I i I I j A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EQ UEST TO AMEND THE RO V I NG A R A PP _ _ _ _ _ _ _ __ _ ULY LL UrI'IL I\I U1JI M114.1 I'NI, VU/, U/-VV, f1, Vf1 LOW-HE DIUN RESIDENTIAL (4-8 DWELLING UkI TS PER ACRE) TO OFFICE/PROFESSIONAL I I FOR A 1.69 ACRE PARCEL LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, RANCHO CUCAMONGA, ' I CALIFORNIA, AND MAKE FINDINGS IN SUPPORT ~ i THEREOF I ENVIRONMENTAL ASSES SMEM AND DEVELOPMENT REVIEW 87-33- 189 - ppea o t e ann ng onmfss on s ec\s\o~g the development of 170 senior apartments on 4.85 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), j j j j j located on the south side of Base Line Road, west of I .._L_l-1J •1,4 .1 /1o I,\l 10 t/1 M1nnn-i-a..A • •F ~ VIIIUOIV A - - ,..,.,,,..~o.~,. ~~~~~ ~ \ Tree Removal Permit 88-14. the pro,iect is PAGE City Council Agenda ' dune 1, 1988 17 I I I ~ ~ I , ~ I I I I i RESOLUTION N0. 88-365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROY ING DEVELOPMENT REVIEW B7-33, THE DEVELOPMENT OF 170 SENIOR APARTMENTS ON a.8o ACR'cS OF LAND iW THE L"uW-}'iE Di Ui+ RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, EAST OF ARCHIBALD AVENUE - APN 208-031-18 AND 19 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 87-34- 190 9 NEST END INVESTMENTS - Appea of the Planning Commrss on s ec stun denying the development of a 22,500 square foot medieal office building on 1.7 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), located on the west side of Archibald Avenue, south of Base Line Road - APN 208- 031-17, 54, 55, 56 and 57. Associated with the project is Tree Removal Permit 88-14. i, ~ I RESOLUTION N0. 88-366 201 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ~ APPROYIN6 DEY ELUPME NT REV 1tW B/-94, INt ' DEVELOPMENT OF A 22,400 SQUARE FOOT ~ ME CICAL OFFICE BUILDING ON 1.7 ACRES OF ~ LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (GENERAL PLAN AMENDMENT PE NOING), LOCATED ON THE NEST SIDE OF ARCNIBALD AVENUE, SOUTH OF BASE LINE RQAD - APN 208-031-17, 54, 55, 56 AND 57 ~ 2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88- 211 I R request to amen t e Genera P an Land Use Map from "0 ffice" to "Neighborhood Commercial" for approximately 3.45 acres of land, located on the southwest corner of Base Line Road and i ~ ~ ~ ~ ~ Hallman Avenue - APN 209-202-13. 14. (Continued from I i May 4, 1988] PAGE City Council Agenda June 1, 1988 18 ~ ~'i RESOLUTION N0. 88-367 ~ 212 II ~ A RESOLUTION OF THE CITY COUNCIL OF THE ' i ~ CITY OF RANCHO CUCAMONGA, CALIFORNIA, . APPROVING GENERAL PLAN AMENDMENT (GPR) ' ~ i 88-OlA, REQUESTING TO AMEND THE GENERAL i ~ i ~ PL"' 'AND "SE MA" FROM OFFICE I PP.OFESSIONAL (OP) TO NEIGHBORHOOD ~ I COMMERCIAL (NC) fOR 3.45 ACRES OF LAND ! LOCATED ON THE SOUTHWEST CORNER OF BASE ~ ~ i i i LINE ROAD AND HELLMAN AVENUE, RANCHO ! CUCAMONGA, CALIFORNIA, APN 208-202-13 AND I i ~ I ~ 14 AND HAKE FINDINGS IN SU PVORT THEREOF ENVIRONMENTAL ASSESSMENT AND DEY ELOPMENT DISTRICT AMENDMENT 211 request to amen t e Deve opment Districts Nap from fire/Professional (OP) to Neighborhood I Commercial (NC) for approximately 3.45 acres of land, located ~ on the southwest corner of 8a se Line Road and Hellman Avenue - APN 208-202-13, 14. (Continued from May 18, 1988) i ORDINANCE N0. 353 (first reading) 214 ~ AN ORDINANCE OF THE CITY CUUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DE V~~L OPME NT DISTRICT MAP i ~ rnun JrriLejrno~~55i~rinL (urj TJ ~ NEiGHBORH000 COMMERCIAL (NC) FOR 3.58 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD ANO HELLMAN i ' AVENUE - APN 206-202-13, 14 ~ i ~ ! 3. ENVIRONMENTAL ASSESSMENT DEVELOPMENT AGREEMENT AND 215 G N L - B - WEI ICK PR RT ES - I eve opment agreement and request to amend t e and use ~ element of the General Plan from Office to Neighborhood Commercial for 3.58 acres of land located at the southwest corner of Lomita Court and Archibald Avenue- APN 202-151-33. I ~ I ~ ~ RESOLUTION N0, 88-368 i ~ '243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOHGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT AND GENERAL PLAN AMENDMENT 87-048, AMENDING THE LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN i-~~'S PAGE City Ccuncil Agenda June 1, 1988 19 i ~~. ENVIRONMENTAL ASSESSMENT DEVELOPMENT AGREEMENT AND 215 i DD VEAL G-k(FF~fST I ND NT 87-03 - WEI RI CK P ER E - eve opment agreement an request to~the Development District Map from "OP" I (Office/Professional) tc "NC" (Neighborhood i ~ I Commercial) with 3.58 acres of land located at the I I southwest corner of Lomita Court and Archibald ! ~ Avenue - APN 202-151-33 ~ , ORDINANCE N0. 354 (first reading) 2qq I I i A ORDINANCE OF THE CITY COUNCIL OF THE i ~~ CITY OF RANCHO CUCAMON GA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM OFFICE/PROFESSIONAL (OP) TO NEIGHBORHOOD COMMERCIAL (NC) FOR 3.58 ACRES OF LAND LOCATED AT THE SOUTHNEST I CORNER OF LOMITA COURT ANO ARCHIBALD I AVENUE - APN 202-151-33 TO RENEW AMBULANCE SERVICES PERMIT FOR 4. CO S DE I NN 245 R Y E BUL i I 5. ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT DISTRICT i 297 ~ I AMENDMENT ~8-03 PRE N - PULo R D 0 M - A I request to prez one a portion of tie fan Bernardino ~ County unincorporated area (far annezati on purposes) to Law Residential (2-4 dwelling unfts per acre) located I north of Highland Avenue, south of Summit Avenue ~i extension, east of Deer Creek utility corridor, and west of the County/City boundary - APN 225-161-19, 32, 33, i I 34, 35, 35, 37, 38, 49, 53, 55, and 61. ~ ORDINANCE N0. 355 (first reading) 310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, i, AMENDING (PREZONE) THE DEVELOPMENT i, DISTRICT MAP TO THE LAND USE DESIGNATION i ~ ! OF LOW RESIDENTIAL TO THE PROPERTIES I ~ ~ LOCATED NORTH OF HY GHLAND AVENUE, SOUTH Ot SUMMII AVENDE EARNS 10N, EA51 Oh IHt DAY CREEK UTILITY CORRIDOR, AND NEST OF THE COUNTY/CITY BOUNDARY - APN 225-161- 19, 32, 33, 34, 35, 36, 37, 38, 49, 53, 55, AND 61 6. ORDERING THF. WORK IN CONNECTION KITH: PAGE City Council Agenda June 1, 1986 20 ~ I ~ A. ANNEXATION N0. 46 FOR TRACT NOS. 13476 LOCATED ON 311 THE N R HW T C RNER OF HELL VENUE ND TRYON STREE NO 1290 L C TEO ON THE WEST SIDE OF ENUE TH F ALM ND TREET TO LANDSC PE I INTE N E DI TRICT N . II ( RESOL'uTiOH H0. "ad-3o9 i 3i2 I ' I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 46 TO LANDSCAPE MAINTENANCE DS STRI CT N0. 1 AND ACCEPTING j ~ i THE FINAL ENGINEER'S REPORT FOR TRACT i NOS. 13476 AND 12902 B. ANNEXATION NOS. 44 AND 28 FOR TRACT NOS. 13476 318 L 0 . E N RTHW ST C RNER F HELL N VENUE T D L O N TE WET I H M N EE T E N NE S D2 I 319 I RESnLUT10N N0. 88-370 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, i ORDERING THE WURK IN CONN EC'f IUN N11H ANNEXATION N0. 44 TO STREET LIGHTING I MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13476 AD 12902 I I I 326 R~SOLUT ION N0. 88-371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALYFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 28 TO STREET LIGHTING I MAINTENANCE DISTRICT N0. 2 AND ACCEPTING I ~ i THE FINAL ENGINEER'S REPORT FOR TRACT i a05. 134%6 ANO 1L902 PAGE City Council Agenda Jure 1, 1988 ~ 21 7. APPROVAL OF ANNUAL ASSESSMENTS AND THE ENGINEER'S 333 i ~ R POR 5 R 5 T IGHTING DISTRICT N S. 1 2 3 4 5 ~ b 6 - Annual ssessments and the Engineer s Reports for ~ Street Lighting District Nos. 1, 2, 3, 4, 5, 5 6 - The ~ City Engineer's Annual Report and a Resolution to levy ! j and collect assessments within Street Lighting District j j ~, ~ Nos. I, 2, 3, 4, b, a b. RESOLUTION N0. 88-372 ~ 335 II i i ~ ~ A RESCLUT ION OF THE CITY COUNCIL OF THE I ~, j I ~ CITY OF RANCHO CUCAMONGA, CALIFDRNIA, TO ~ ~ LEVY AND COLLECT ASSESSMENTS WITHIN ~ ~ I ~ ~ ~~ STREET LIGHTING DISTRICT NOS. 1, 2, 3, 4, 'i ~ 5, b 6 FOR FISCAL YERR 1988/89 PURSUANT , TO THE LANDSCAPIN6 AND LIGHTING ACT OF 1972 IN CONNECTION KITH STREET LIGHTING MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, AND 6 REPORTS 8. APPROVAL OF ANNUAL ASSESSMENTS AND THE ENGINEER'S 366 ~ R P F R ND P N C TRI CT N 2 3 I ~ , 5. S - , rnua.. ssessments an.. t. ^ ng~neer s Reports j ~ ~~ for Landscape Maintenance Dis tritt Nos. 1, 2, 3, 4, 5, 5 ' 6 - The City Engineer's Annual Report and a Resolution i i to levv and collect assessments within Landscape i Maintenance District Nos. 1, 2, 3, 4, 5, 5 6. ~ RESOLUTION N0, 88-373 368 i i ~ A RESOLUTION OF THE CITY COUNCIL OF THE ~ ~ ~ CI?Y DF RANCHO CU CAMONGA, CALIFDRNIA, TO i LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NOS. 1, 2, 3, 4, 5, S 6 FOR FISCAL YEAR 1988/89 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 IN CONNECTION WITH LANDSCAPE ~ MAINTENANCE OI STRI CT NOS. 1, 2, 3, 4, 5, AND 6 ~ ~ ~ ~ F. PUBLIC HEARINGS ~ The following items have no legal publication or posting ~ requirements. The Chair will open the reeting to receive ~ Dubuc testimony. No items submitted. ~T ~ , r PAGE City Council Agenda June 1, 1968 22 i G. CITT MANAGER'S STAFF REPORTS The following ite~s do not legally require any public testiwony, although the Chair gay open the oeeting for public input. ~ i 1. ANNEXRT ION 88-01 - PO CSAR OtvEw'rMEHT - A request to nn5 i annex a portion of t e San Bernardino County unincorporated area located north of Highland Avenue, south of 5umnit Avenue extension, east of the Day Creek utility corridor, and west of the County/City boundary- I i ~ ~ ~ APN 225-161-19, 32, 33, 34, 35, 36, 37> 38, 49, 53, 55, i I and 61. I RESOLUTION N0. R8-374 422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNE%RTION OF PROPERTY GENEP,ALLY LOCATED NOR?H OF I I ~ I HIGHLAND AVENUE, SOUTH OF SUMMIT AVENUE R TH A N I TNE COUNTY/CITY DOR. AND wES OF CORR i BOUNDARY - APN 225-161-19-, 32, 33, 34, 35, 36, 37, 36, 49, 53, 55, AND 61 2. ANNE%ATION 88-02 - T.P. MELCHER - A request to annex a i 437 i t portion of the San Bernardino ounty unincorporated area i i located on the north amide of 24th Street, east of the Southern California Edison Company power line corridor, and west of the current extension of Etiwanda Avenue- ~ I ~ ~ s ~ ~ APN 225-071-65. ~ rnce City Council Agenda June 1, 1988 ~ 23 I ~ i I i RESOLUTION N0. 88-375 440 I i A RESOLUTION OF THE CITY COUNCIL OF THE 'I ~ ~ CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR i j I APPLICATION BY THE CITY COUNCIL AS THE t ~ ; GOVERNING BODY OF THE CITY OF RANCHO ' CUCAMONGA> CALiFORN1A, OEi:~ARiNG iNTEHi j TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION I i COMMISSION TO UNDERTAKE PROCEEDINGS FOR ~ '~ THE ANNEXATION DF PROPERTY GENERALLY ~ i '~ i j LOCATED ON THE NORTH SIDE OF 24TH STREET, ~ EAST OF THE SOUTHERN CALIFORNIA EDISON COMPANY POWER LINE CORRIDOR, AND VEST OF THE CURRENT EXTENSION OF ET IWANDA AVENUE - APN 225-71-65 3. ANNEXATION 88-03 - CARYN DEVELOPMENT COMPANY "ETIMANDA 461 H ND - request to annex 2 2 acres of and in t e a Bernardino County unincorporated area located at the northeast corner of Suamit Avenue and Hardman Bullock Road - APN 226-082-16, 24-27. ~i RESOLUTION N0. 88-376 463 A RESOLUTION OF THE CITY COUNCIL OF THE 'I CITY OF RANCHO CUCAMONGA, CALIFORNIA, FUR i APPLICATION BY THE CITY COUNCiL AS THE I i GOVERNING BODY OF THE CITY OF RANCHO I ~ j CUCAMONGA, CALIFORNIA, DECLARING INTENT l TO PURSUE A CHANGE OF ORGANIZATION AND P.E QU EST ING THE LOCAL AGENCY FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR i THE ANNEXATION OF 282 ACRES OF LAND IN i THE SAN BERNARDINO COUNTY UNINCORPORATED ' ~ AREA LOCATED AT THE NORTHEAST CORNER OF SUMMIT AVENUE AND NARDMAN BULLOCK ROAD- APN 226-082-16, 24-27 ' 4. TREE PRESERVATION ORDINANCE UPDATE. 479 5. CONSIDERATION OF THE TOY GUN DRDiNANCt. 483 N. COUNCIL BUSINESS The folloring ite~s have been requested by the City Council for discussion. They are not public hearing itees, although the Chatr wy open the meeting for Wblic input. ~r ~~. PAGE City Council Agenda June 1, 1988 24 ! ! 1. CONSIDERATION OF OPPOSE MEASURE A - Creation of the new 537 ~ MoOave ounty. 2. CONSIDERATION TU AMERO USE OF TENiS FOR TEMPORARY USES. ! 3. CONSIDERATION OF APPOINTMENT TO THE RANCHO CUCAMONGA 539 ~' ~ ! i vu iiriaiY r "nu uun ouh,w Dancu,DR~. I. IDENTIFICATION OF ITEMS FOR NEXT MEETING '~, ~ ! j This is the times! for City Counctl to identify the ite~s they , ~ wish to discuss at the nett meeting. These iteas will not be j discussed at this Meeting, only identified for the next I meeting. ~ J. COMMUNICATIONS FROM THE PUBLIC This is the tiaw! and place for the general public to address the City Council. State law prohibits the City Council frog addressing any issue not previousiy included an the Agenda. The City Council may receive testiwony and set the wa tter for I ~ ~ ~ a subsepuent aw!eting. Caaaaents sre to be liwited to five i i I winutes per indfvidual. it i A. ADJOURNMENT ! ~ ~ ~ I, Beverly A. Authelet, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate ropy of the i foregoing agenda was posted on May 27, 1988, seventy-two (72) i ~ hours prior to the meeting per A. B. 2674 at 9320-C Base Line Road. Meeting to adjourn to Monday, June 13, 1988 at 6:00 p.m., Lions Park Community Center, 9161 Base Line Road, Rancho ~ ~ ~ ~i ~ Cucamonga for a budget workshop. i ~ ~: April 20, 1988 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re ular Meetin A. C111L TO ORDER A ie ai a. ___ _ •he Cit" Cauoc it ^f t.".C Cay ,•s P•p•h~ h~~~mpn •,~ .. et _. Wednesday, Aprily20, 1988, in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 7:30 p.m. by Mayor Dennis L. Stout. Present were Council members: Deborah N. Brown, Charles J. Bu quet II, Jeffrey King, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: City Manager, Lauren M. Wasserman; Assistant City Manager, Robert A. Rizzo; City Attorney, James Markman; City Clerk, Beverly A. Authelet; Community Development Director, Jack Lam; City Planner, Brad Buller; City Engineer, Russell Maguire; Sr. Administrative Assistant, Mark Lorimer; Community Services Director, Joseph Schultz; and DeW ty City Clerk, Debra J. Adams. +. ,r ,r .. B. ANNOUNCEMENTS/PRESENTATIONS el. Presentation of a proclamation to Rab^rt Dutton for his outstanding service on the Public Safety Commission. 62. Presentation of a proclamation to Peter Pitas si for his outstanding service on the Park and Recreation Commission. 83. Presentation of a proclamation to the Girl Scout's of America commemorating Girl Scout Leader's Day. 84. Presentation of a proclamation to the Cha ffey High School Kiwanet to Service Ctub recognizing the month of May as Better Speech and Hearing Month. B5. Presentation of a proclamation to the Victim Witness Assistance organization recognizing the week of April 18 - 24, 1988 as Victims' Rights Week. 86. presentation of a proclamation recognizing the week of April 25 - 29, 1988 as 6ecre LarieS 'deck. B7. Lauren Wasserman, City Manager, introduced Joe Schultz as the new Community Services Director. «+•.~* C. CONSENT CALENDAR C1. Approval of Minutes: March 16, 1988 City Council Minutes April 20, 1988 Page 2 C2. Approval of Warrants, Register No's. 4/6/88 and 4/13/68, and Payroll ending 3 /31/SS for the total amount of $3,298,101.62. C3. Approval of 1987-88 budgetary adjustments for the General, Capital Projects, and Special Revenue Funds. (0205-OS BUDGET) Arco he'.i: 8e re r=ge Apnl icati on for On Sale General Eating Place, Pepper's, Jeanne A. 8 Sharad I. Shatna gar, 9740 19th Street. C5, Approval to award and execute a Pre fessi on al Services Agreement (CO 88-048) with Linville Civil Engineers/Land Surveyors, Inc. to prepare plans, specifications and estimate for Hillside Road Pavement Rehabilitation Project 6 etween Hermosa Avenue and Mayberry Avenue, for a fee not to exceed $12,690, to 6e funded by Systems Development Account No. 22-4637-8756. (0602-01 CONTRACT) RESOLUTION N0. 88-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT KITH LINVILLE CIVIL ENGINEERS/LAND SURVEYORS, INC. OF RANCHO CUCAMONGA, CALIFORNIA TO PREPARE PLANS, SPECIFICATIONS, AND ESTIMATE FOR HILLSIDE ROAD PAVEMENT REHABILITATION PROJECT BETWEEN HERMOSA AVENUE AND MAYBERRY AVENUE C6. Approval to execute a Professional Sorvices Agreement (CO 88-049) with L. 8. wainscucl gnu ;,°,~~l4:aa, - prep.°^ °"^°°r W:n°ninn and signal of ans for Arrow Route from Grove Avenue ~to Baker Street for a fee not to exceed $60,947, to be funded from the Systems Fund, Account No. 22-4637-8736. (0602-O1 CONTRACT) RESOLUTION ND. 88-209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ANARO AND EAECUTE A PROFESSIONAL SERVICES AGREEMENT WITN L. A. WAINSCOTT AND ASSOCIATES OF GRAND TERRACE, CALIFORNIA, TO PREPARE PLANS, SPECiFI CAT IONS AND ESTIMATE FOR ARROW ROUTE WIDENING PROJECT BETWEEN GROVE AVENUE AND BAKER AVENUE C7. Approval to execute a Professional Services Agreement (CO 88-050) with J. Associatec in nr°nq_r° land iL-ape inipYG'iBmMt '^A rnrny a4inn r'. "uaVid iari i~,. ,. plans for the east side of Carnelian Street from Vineyard Avenue t0 Base Line Road for a fee not to exceed $14,260 to be funded from the Beautification Fund, Account No. 21-4647-8045. (0602-01 CONTRACT) ITEM PULLED City Council Minutes April 20, 1968 Page 3 RESOLUTION N0. 88-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH J. F. DAV IDS ON AND ASSOCIATES OF RIVERSIDE, CALIFORNIA TO PREPARE PLANS, SPECIFICATIONS AND 'OR "ARNEL iAri +TREET LANDSuAPE iVOO M~EYE NT ENO RENOVATION BETWEEN VINEYARD AVENUE AND BASE LINE ROAD C8. Approval to execute a Professional Services Agreement (CO 88-051) between the City of Rancho Cucamonga and John Cutler and Associates to provide public right-of-way acquisition/consultant services fur Arrow Route Improvements, Phase iI between Archibald Avenue and Hermosa Street at a not-to-exceed fee of $34,000 ($4,000/parcel plus $650/tenant) to be paid from the Systems Development Fees, Account No. 22-4637-8676. (0602-O1 CONTRACT) RESOLUTION N0. 86-211 A RESOLUTION GF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND E%ECUTE A PROFESSIONAL SERVICES AGREEMENT NITH JOHN CUTLER AND ASSOCIATES TO PROVIDE PUBLIC RIGHT-OF-WAY ACQUISITION/CONSULTANT SERVICES FOR ARROW ROUTE IMPROVEMENTS, PHASE II BETWEEN ARCHIB ALD AVENUE AND HERMOSA STREET C9. Approval to execute a Professional Services Agreement (CO 88-052) with gssociatea tnginee rs to prepare case une nuau niueu rny, nmae ,,. .. u... Victoria Park Lane to Rochester Avenue and Storm Drain Construction for a fee not to exceed $60,000, to be funded from the Systems Fund, Account No. 22-4637- 8732. (0602-01 CONTRACT) RESOLUTION N0. 88-212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND E%ECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED ENGINEERS OF ONTARIO, CALIFORNIA TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATE FOR BASE LINE ROAD IMPROVEMENT AND STORM DRAIN PROJECT BETWEEN ROCHESTER AVENUE ANO VICTORIA PARK LANE C10. Approval to execute a Professional Services Agreement (CO 88-053) with .. .. n ~ ~ a....l...- •. -...-...- nl....-L na..-_• ~i~J--l..- C..-.. ~unL:4~lJ nutria-ne pxe mw na au~ia Le>, w yrepa,e mm,w ice. niacin uy u m wi Avenue to Haven Avenue for a fee nat to exceed $43,300, to he fundednfromathe Systems fund, Account No. 22-4637-6753. (0602-O1 CONTRACT) City Council Minutes April 20, 1988 Page 4 RESOI UTION N0. 88-213 A RESOLUTION OF THE CITY COUNCIL OF THE CI'iY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NORRIS-R EP KE, INC. OF TUST IN, CALIFORNIA TO PREPARE PLANS, SPECIFICATIONS AND ESTT MATE FOR CHURCH STRE^ !1PR^vVENEt1T "RO,IECT BErW CEN aorurR al n AV Fp GF AND HAVEN AVENUE C11. Approval of the Environmental Initial Study Parts I and II for the proposed Hellman Avenue Storm Grain between Monte Vista Street and the Cucamonga Creek Storm Drain south of Base Line Road and issuance of a Categorical Exemption therefor. (1403-06 EIS) RESOLUTION N0. 88214 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND iSSUANCE OF A CATEGORICAL E%EMPTION FOR THE PROPOSED NELLMAN AVENUE STORM DRAIN BETWEEN MONTE VISTA STREET AND THE CUCAMONGA CREEK STORM DRAIN SOUTH OF BASE LINE ROAD C12. Approval of the Environmental Initial Study Parts I and II far the proposed Tryon Sideaalks from Klu sman Avenue to Archibald Avenue, and issuance of a Categorical Exemption therefor. (1403-06 EIS) RESOLUTION N0. 88215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL E%E MPTION FOR THE PROPOSED TRYON SIDEWALKS FROM KL USMAN AVENUE TO ARCHIBALD AVENUE C13. Approval of the Environmental Initial Study, Parts I and 11, for the proposed Siurry Seal Program 1987-8E Phase II for various City streets (see maps in staff report) and issuance of a Categorical Exemption therefor. (1403-06 EIS) RESOLUTION N0. 88216 A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED SLUP.RY SEAL PROGRAM 1987-88 (PHASE I[) FOR VARIOUS CITY STREETS City Council Minutes April 20, 1988 Page 5 C34. Approval of the Environmental Initial Study, Parts I and II for the proposed Archibald Avenue Sidewalks, Phase II from Foothill 8ouleva rd to 6th Street and issuance of a Categorical Exemption therefor. (1403-06 EIS) RES OLUTIGN NC. 68217 RESDLUTI OF '"E CITY COUNCIL OF rPg rlrY nr pen,run CUCAMONGA, VCALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL E%EMPTION FOR THE PROPOSED ARCNIBALD AVENUE SIDEWALKS, PHASE II FROM FOOTHILL SOUL EVARO TO 6TH STREET C15. Approval to open escrow with Lawrence and Lorraine Williams for purchase of house and land at 12796 Base Line Road to remove the house from the path of the Base Line Road Widening Project between Etiwa nda Avenue and Victoria Park Lane for E94,000 plus escrow costs of E5 ,000 to be paid from Systems Fees, Account No. 22-4637-8731. (1002-03 ESCROW) C16. Approval of Real Property Improvement Contract and Lien Agreement (CO 88- 054), Improvement Agreement and Improvement and Improvement Security for DR 86- 43, located on the northeast corner of Eighth Street and Baker Avenue, submitted by HTI Construction, Incorporated. (0602-D1 AGREE I/L) (0602-01 CONTRACT) RESOLUTION NO. 88-218 x RLauLU UUn ur inE C[Ti wm,L IL u~ TriE CITi v~ nnnen~ CUCAMON GA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM HTI CONSTRUCTION, INCORPORATE O, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME RESOLUTION N0. 68219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW N0. 86-43 C11. Approval of Improvement Agreement and Improvement Security for Foothill 8ouleva rd Master Planned Storm Drain No. 1, located on Foothill Boulevard, between Deer Creek Channel and Haven Avenue, submitted by Lewis Homes of Caiifunlia. ("u602-D1 AGREE iiiPS) RESOLUTION N0. 88220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APP ROPING IMPROVEMENT AGREEMENT AND City Council Minutes April 20, 1988 Page 6 IMPROVEMENT SECURITY FOR FOOTHILL BOULEVARD MASTER PLANNED STORM DRAIN N0. 1 CIS. Approval of Improvement Agreement and Improvement Set uri ty for Tract 13275, located nn the north side of Highland Avenue, 1,200 feet east of Haven Avenue, and Release of Improvement Agreement and Security (Certificate of Deposit) appru ved by CUUnGii un February 3, 19GG, su bn~ittcd by On~ord OaVelop ~snt Corporation. (0602-O1 AGREE IMP C) (0602-O1 BOND REL) RESOLUTION N0. 88221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIF ORNiA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 13275 AND RELEASING IMPRUVEME NT AGREEMENT AND SECURITY (TIMED CERTIFICATE OF DEPOS I}') APPROVED ON FEBRUARY 3, 1988 C19. Approval of Map, Improvement Agreement and Improvement Security for Tract 13425, located on the east side of Haven Avenue, between Nineteenth Street and Highland Avenue, submitted by Glenfed Development. (0602-OS AGREE IMPC) (1002- 09 MAP FINAL) RESOLUTION N0. 88222 H RESOLUTION OF THE CITY COUNCIL OF THE CYTY OF RANCHO CUCAMON GA, CALIFORNIA, .APPROVING IMPROVEMENT AGREEMENT, 1MPKUVtMtNI Jt 6UK11'f, ANU flNH4 mNY Ur IrcNbl nV. i542o C20. Approval to award the Archibald Avenue Entry Monuments Improvement Project, located at Archibald Avenue, at 4th Street to Bo park Enterprises, Incorporated, for the amount of $129,246, to be funded from Landscape Maintenance District No. 1, Account Nn. 4p-4130-8767. {0601-OS BYD) C2i. Approval to authorize the advertisiny of the "Notice Inviting Bids" for the Victoria Street Rehabilitation and Drainage Project, located between Etiwanda Avenue and East Avenue, to be funded from Gas Tax 2107, Account No. 09-4637- 8701. (0601-O1 BID) RESOLUTION N0. 88223 A RESOLUTION OF THE CfTY COUNCIL OF THE CITY OF RANCHO CUCAMOHGA, CALiFORN iA, APP RGViNG PLATJ3 AND 3P ECi'r iCAT IGiiG FOR THE "VICTORIA STREET IMPROVEMENTS", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS City Council Minutes April 20, 1988 Page 7 C22. Approval to authorize the advertising of the "Notice Inviting Bids" for the City Corporation Yard Project Phase I, located at 9153 Ninth Street, Rancho Cucamonga, to be funded from Capital Reserve, Account No. 25-4285-7043. (D601- O1 BID) RESOLUTION N0. 88224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGI, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR TILE "CITY CORPORATION YARD PROJECT PNASE I", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS C23. Approval to authorize the advertising of the "Notice Inviting Bids" for the Traffic Signals and Safety Lighting at Highland Avenue at Eti Wanda Avenue Imorovement Project, to be funded with TDA Article 6 funds, Account No. 12-4637- 8707. (0601-01 BID) RESOLUTION N0. 88225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS rOR Tpr "TRAFFIC SIGNALS AND SAFETY LIGHTING AT HIGHLAND AVENUE AT ET IWANDA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS C24. Approval to authorize the advertising of the ^NOtice Invin ng uias~ ror cne Traffic Signals and Safety Lighting at fli ghland Avenue at Milliken Avenue Improvement Project, to be funded from TDA Article 8 funds, Account No. 12-4637- 8708. (001-01 BID) RESOLUTION N0. 68226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CL'CAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR TfIE "TRAFFIC SIGNRLS ANO SAFETY LIGHTING AT Hi GHLAND AVENUE AT MILLI KEN AVENUE", IN SAID CITY AND AUTHORIZING AND DIRECT [NG THE C[TY CLERK TO ADVERTISE TO RECEIVE BIDS C25. Approval to authorize the advertising of the "Notice Inviting Bids" for the Siiirry toot Prnaram, Phase II, Fiscal Year 1987-88 Improvement Project, located in Districts I, '[, and 3 and Aiiernates A and 8 (see attached maps) and Lu be funded from Se 300 Funds, Account No. 15-4637-8050. (0601-O1 BID) City Council Minutes April 20, 1988 Page 8 RESOLUTION N0. 88227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "SLURRY SEAL PROGRAM, PHASE II, FISCAL YEAR 1987-88" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK iu ADVERTISE ID R-eCEiVE BIDS C26. Approval to accept improvements, release bonds and file a notice of completion for: (0602-01 BOND REL) (0704-18 NOT COMPLY) DR 86-22. - located on the east side of 6th Street north of Buffalo Hvenue ITEM PULLED Certificate of Deposit (Street) $ 8,000 RESOLUTION N0. 88228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC TMPROVEMENTS FOR DR 86-22 AND RUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK DR 65-01 - located on the west side of Amethyst Avenue, north of 19th Street 0602-01 BOND REL) (0704-18 NOT COMPLY) Faithful Performance Bond 1S treet) $IY,SUU RESOLUTION N0. 88229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN Cf10 CUC.AMONGA, CALIFORNIA, ACCEPTING THE PUB L]C IMPROVEMENTS FOR DR 65-01 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK CUP 84-28 - located on the west side of Pecan Avenue, south of Arrow Highway 0602-OS BOND REL) (0704-18 NO'( COMPLY) Faithful Performance Bond (Street) $22,000 RESOLNT ION N0. 88230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMON GA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 84-28 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes April 20, 1988 Page 9 Tracts 9399 and 9400 - located on the north side of Banyan Street, east of Beryl Street. 050 -OS BOND REL) (0704-18 NOT COMPLY) Release: Faithful Performance Bond (Street) $49,000 Accep±: Maintenance Guarantee Bond (Street) $4,900 RESOLUTION N0. 88231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9399 AND 9400 AND AUTHORIZING THE FILING OF A NOTICE Of COMPLETION FOR THE WORK C27. Approval to accept improvements, release Maintenance Guarantee Bond for Tract 11M128, located on the east side of Center Street, south of Church Street. (0602-OS BONG REL) Maintenance Guarantee Bond (Street) $3,500 C28. Approval to accept the Grant Deed for Windrows Park. (1002-01 CEE D) (1404-06 PARK DEV EL) C29. Approval of construction cost for the Civic Center and Fu bl is Safety Facility for disaster preparedness/emergency and public safety operations. (1601-04 CIVIC CENTER) C30. Set public hearing for May 18, 1988 - Envi ro nmerit al Assessment tlotice for E tiwanda Storm Drain, Phase I, located west of I-i5, north of Victoria Avenue from the 'J ictoria Basin to north of Highland Avenue and future Route 30 Freeway. (1110-10 STORM DR I) RESOLUTION N0. 88-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFGRNIA, APPROVING AND SETTING A PUBLIC HEARING DATE OF WEDNESDAY, MAY 4, 1988, FOR THE PROPOSED ETIWANDA STORM GRAIN, PHASE I, ENV IROtiMENTAL ASSESSMENT HfVI~--W C31. Set public hearing for May 18, 1988 - Approval to annex Tract No. 13425, located at the southwest corner of Highland Avenue and 19th Street to Landscape Maintenance District No. 1 as Annexation No. 45. (0401-03 LNSCAPE MD) City Council Minutes April 20, 1988 Page 10 RESOLUTION N0. 88233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, OF PRELIMINARY APP ROVi,L OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 45 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 88234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT' DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 45 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C32. Set public hearing for May 18, 1988 - Approval to annex Tract No. 13425, located east of haven Avenue between Highland Avenue and 19th Street, to Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District Na. 2 as Annexation No. 42 and Annexation No. 27, respectively. (0401-03 ST LT MD) RESOLUTION N0. 88235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY t NlalN tt H'> HtY UaI rVn H~tl[AHIlUb I\U. Y[ IG JTncET umii iiiG MAINTENANCE DISTRICT N0. I RESOLUTION N0. 88236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGH1'[NG MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXAT[ON N0. 42 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERYNG A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION N0. 88237 A RES"ui.UTlGii "vF THE ~[TY "OUiIC IL ...E ry OF PAu DPD CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 27 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 City Council Minutes April 20, 1988 Page 11 RESOLUTION N0. 88238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE GIST RI CT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS n,NNr rATlnu Nn. 27 rn cTpcrr LrGHrrur MerNTr yeyrr nrcr pl Di N0. 2; PURSUANT TO THE LANDSCAPING AND LI GHTIN6 ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO C33. Set public hearing for May 18, 1988 - Approval to annex CR 86-43, located at the northeast corner of 8th Street and 8a ker Avenue, to Street Lighting Maintenance Cistrict No. 1 as Annexation Ho. 43 and to Street Lighting Maintenance Cistrict No. 6 as Annexation No. 15. (0401-03 ST LT MD) RESOLUTION N0. 88239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 43 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 RESOLUTION N0. 88s40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON_GA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE f11\I\L /, f11 •VI\ IV JInLLI Ll Vlll ll\V 1.1I\IVILI,n~,LL V JI \\YI 1 ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 43 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1.972 ANO OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO RESOLUTION N0, 88241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 15 TO STREET LIGHTING MA[NTE NANCE DISTRICT N0. 6 RESOLUTION N0. 88242 cnLl iD,' DC TYE viTY rvUNvIL DF VE DiTV DC pANDVD CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 6, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 15 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 6; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR NEARING OBJECTIONS THERETO City Council Minutes April 20, 1988 Page 12 C34. Set public hearing for May 18, 1988 - App ro va] to annex DR 86-43, located at the northeast corner of Bth Street and Baker Avenue, to Landscape Maintenance District No. 3 as Annexation No. 19. (0401-03 LNSCAPE MD) RESOLUTION N0. 88-243 H 1(GJ ULVIIGIY Uf IfIL 1.111 ,.VVNYIL Tf1L DITV DC D U/'Yn C UCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION N0. 19 TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 RESOLUTION N0. 88244 A RESOLUTION OF THE CITY CGUNC IL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, DECLARING ITS INTENTION TO ORDEk THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 3, AN ASSESSMENT DISTRICT: DESIGNATING SKID ANNEXATION AS ANNEXATION N0. 19 TO LANDSCAPE MAINTENANCE DISTRICT N0. 3; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFER?NG A TIME AND PLACE FOR HEARING 08dECTIDNS THERETO MOTION: Moved by King, seconded by Brown to approve the Consent Calendar. Me*i on carried unanimously 5-0. • x + • • ~ u. wrueni unuinnni.n5 None submitted. + + . • + e E. ADVERTISED PUBLIC NEARIN6S E1. VARIANCE 81-18 - HOME FEDERAL - The appeal of the Planning Commission's decision denying a request to allow the sign copy to include the word "Anytimeteller" on two (2) new faces of existing wall signs located at 9596 Base Line Road. (Continued from 4/6/88 meeting) Staff report by Tom Grahn, Assistant Planner. (O70i-06 APPEAL) (1002-02 VARIANCE) Ma vor Stout opened the meetinq_ for public hearing. Addressing the City Council were Tom liunte r, Home Federal Savings and Loan, 625 Broadway, San Diega, asking that the Council allow the words "Anytimeteller" to be placed on their signs. City Council Minutes April 20, 1988 Page 13 Councilmember Wright asked if they had to reduce the lettering of "Home Federal Savi r,gs and Loan" in order to get the wording of "Anytimeteller" on the same sign. Mr, Hunter stated yes, but that the words "Anytimeteller" goes hand-in- hand with Home Federal, as far as he was concerned. Councilmember Wright also asked if in their usual advertising of Home Federal Savings and Loan do they also include the words "Anytimeteller". Mr. Hunter stated yes Councilmember Bu quet wasn't sure if every bank actually needed to state on their signs that they have these services. Kurt Bawer, Integrated Signs, 10845 Whea tl ands, San Diego, stated he did riot feel that the ci Y,y's ordinance specifically stated this type of Wording was prohibited. Mayor Stout closed the public hearing. MOTION: Moved by Buque t, seconded by 'Wright to deny the appeal. Motion carried 3-2 (King and k'righ` voted not Councilmember King felt that possibly the wording "Anytimeteller" Was part of rho wn rd ina for Nome Federal Saving; and Loan because he felt in concept it was the same thing as "Sizzler, Steak and Lobster." He reix xne appeal siiuuiu ue granted. Councilmember Brown agreed, but felt that all of the banks would want to do this if we allowed Home Federal to do it. Councilmember Wright at this point withdrew her second of the previous motion stating that she did agree With Councilmember King. Councilmember Brown seconded the motion to deny the appeal. The motion was carried 3-2, (King 8 Wright voted no) * • X • k C9 Mayor Stout opened the public hearing. There being no response, the public hearing was closed. City Council Minutes April 20, 1988 Page 14 RESOLUTION N0, 8845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE OE CLARATION FOR THE PROPOSED 19TH STREET-AMETHYST STREET ~I ORM DR/i1N AND NL6DNJIRUI.I LDii rKOJEDI MOTION: Moved by King, seconded by Bu quet to approve the Environmental Assessment Initial Study and Issuance of Negative Declaration, Motion carried 5-0, • ~ :. + ~ E8. ENVIRONMENTAL _AS SESSMENT AND CONDITIONAL USE PERMIT A7-4t - ~~ Ana ~i - nn appeal or me r~anm ng Wm111a551 On'S tlec 55i0n denying t e deve opm ent of a school district fat it ity consisting of a 10,500 square foot administration office, a 16,015 square foot warehouse building, and a 15,600 square foot transportation/maintenance building on 5.25 acres of land in the Law Residential District (2-4 dwelling units per acre), located on the east side of Beryl Street, south of 19th Street - APN: 202- 047-01 and 42. Associated with the development is a Tree Removal Permit requesting ±he removal of three fB) mature trees. (Continued from 1/20/88 meeting) Brad Buller, City Planner, stated that John McMurtry asked that this item be continued to the second meeting in July, i0/UI-Ub APPEAL) Iuzua-uz TREE) Counc it member 8u quet wasn't sure that it should be continued again, Jack lam, Coanunity Development Director, added that the school district is in the process of negotiating for another site. Brad Buller, City Planner, stated the staff could re notice this item if Council wanted them to do this. James Markman, City Rtto rney, felt this item should be continued for at Least two weeks. rou~c;imemL,nr Kinn fait the continuance should 6e granted and that all residents should be noti ti ed of this Continuance. Counc it member Bu quet wanted it to be known that it wasn't the city that was delaying this, and that as the hearing got closer, the residents should be noticed once again. City Council Minutes April 20, 1988 Page IS Brad Buller, City Planner, stated that a letter could be sent to the school district stating that no other continuance would be granted, unless the city can actually see they are making progress. Lauren Wasserman, City Manager, felt this could be done informally to the school district, MOTION: Moved by Wright, seconded by Brown to continue the item to ,iuly 20th. Motion carried unanimously 5-0. ~ + . • + ~ E4. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - FISCAL YEAR 1988-89 - The adoption of the Fina Statement of Comnunity Objectives, project selection, and environmental determination for 1988-89 fiscal year based on an anticipated grant of ;,411,000, as well as reprogramming $121,700 of additional funds. Staff report by Larry Henderson, Senior Planner. (0203- 04 GDBG) Mayor Stout opened the public hearing. Ther^ being no response, the public hearing was closed. RESOLUTION N0. 88246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FINAL STATEMENT OF wmnunur Utl Jt LI 1V t~ HRU ac~cu unu rnuuwi~ run rinuinu r~rc THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1988-89 MOTION: Moved by 8u quet, seconded by King to approve Resolution 88-246. Motion carried unanimously 5-0. . x t • + ~ E5 consiaeran on or reprogramming or runos rrom storm grain construction to improvement of the North Town park site located on Fe ron Boulevard west of Turner Avenue. (0203-04 CPBG) Mayor Stout opened the public hearing. There being no response, the public i,earing was ci used. RESOLUTION N0. 88247 A RESOLUTION OF THE C[TV COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, REPROGRAMMING $300,OD0 OF AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO NORTH TOWN PARK DEVELOPMENT City Council Minutes April 20, 1988 Page 16 MOTION: Moved by Bu quet, seconded by King to approve Resolution BB-247. Motion carried unanimously 5-0. ~+~~+~ E6. MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCANONGA -Amendment to Chapters S2 -- 0.64, Gild __ - - Cha ID.60 ^f the u., apyt r,.da pertaining to the parking of oversize vehicles and~railers on City streets allowing improved enforcement by Sheriff's Department and City Code Enforcement Officers. Staff report by Richard Alcorn, Code Enforcement Supervisor. (1163-01 PK. b TRAF) Mayor Stout opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authetet read the Title of Ordinance 343. ORDINANCE N0. 343 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SELECTED SECTIONS OF CHAPTERS 10.52 AND 10.64 AND REPEALING CHAPTER 10.66 PE RTAIN[NG TO REGULATIONS ON THE PARKING OR STANDING OF VEHICLES MOTION: Moved by Bu quet, seconded by Brown to waive full reading of said .--- .. - oreinance ana sec sewna reau my rur Imy v, i>oo. muu un a, alrreu unan nnou oly J- 0. a ~ + + + . E7. ORDERING TI1E WORK IN CONfIECTION WITH: Mayor Stout opened the public hearing. There being no response, the public hearing was closed. A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 40 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12643, 13555, 13556, 13558, 13560, 13561, 13563, DR 81- 11, DR 87-26 (PM 10782) AND PARCEL MAP 9350 RLJ VLV13G1\ 11V. OV-240 City Counc it Minutes April 20, 1988 Page 17 B. RESOLUTION N0. 88249 H I(C~U LUI lUl1 Uf IIIG bll l WVHLLL GF T~iE ~An uiiv CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN yCONNECTION WITH ANNEXATION N0. 9 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FCR PARCEL MAP 9350 C. RESOLUTION N0. 88-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION KITH ANNEXATION N0. 3 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 5 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 126d3, 13555, 13556, 13558, 13560, 13561, AND 13563 (CARYN PLANNED COMIUNITY) D. RESOLUTION N0. 88-251 A RESOLUTION OF THE CITY CDUNC IL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 13 TO STREET LIGHTING MAINTENANCE OI ST RI CT N0. 6 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR DR 87-26 (PM 10182) E. It LS DLUI1GIi I1 D. OG-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 43 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPi[NG THE FINAL ENGINEER'S REPORT FOR DR 87-11 City Count it Minutes April 20, 1988 Page 18 F. RESOLUTION N0. 88253 A RESOLUTION DF IHE CiTV COUHC iL OF THE CITY O. "AHCHO CU CAMON GA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 11 TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR DR 87-26 (PM 10782) G. RESOLUTION N0. 88254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 3 TO LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND ACCEPTING THE FINAL ENGiNEE R'S REPORT FOR TRACT NOS. 12643, 13555, 13556, 13558, 13560, 13561, AND 13563 (CARYN PLANNED COh4AUNITY) r~nTinN• IAnved by Kina. seconded by Buquet to approve Resolution 88-248 through 88-254. Motion carried unanimously 5-D, ~ :... + F. PUBLIC HEARINGS F1. CONSIDERATION OF ESTABLISHMENT OF SPEED LIMITS - Consideration to establish a 30 MPH spee limit on Jasper tre et between 19th Street and Ro be rds Street; a 30 MPH speed limit on Roberds between Jasper Street and Carnelian Avenue; a 35 MPH speed limit on Victoria between Archibald Avenue and Ramona Avenue; a 40 MPH speed limit on Wilson Avenue between Amethyst Rvenue and Archibald Avenue• a 45 MPH speed limit on Wilson between Archibald Avenue and Haven Avenue; a 40 MPH speed limit on Wilson between Haven Avenue and 200 feet east of Canistel Avenue. Staff report by Paul R~ y~~••, cgn;nr r,v,1 Fnginnpr. (1141-10 SPEED LIM) Counc ilmember Kina asked if a stop sign could go in at Jasper and Monte Vista, Paul Rougeau, Senior Civil Engineer, stated that about one year ago a stop sign was not warranted at this intersection. Ne Stated they could install the stop sign if City Council wanted them to. Councilmember Buquet did not feel the speed limit on Jasper should be increased. City Council Minutes April 20, 1988 Page 19 Counc ilmember Wright felt the stop sign survey should be completed at this time. Russ Maguire, City Engineer, stated this could 6e pulled off for tonight until the study was completed and then be brought back to Council at a later date, Council member Brown as kea why the speed iimiL keeps go my up and do Kn ... different areas. Paul Rougeau, Senior Civil Engineer, said they could be kept consistent if that is what City Council wanted, Counc it member Wright thought that if anything, Wilson should be kept at 40 mph instead of 4S mph, Counc it member Brown asked again why the five mile per hour difference was so important. Russ Maguire, Lity Engineer, stated the five miles per hour really does make a difference and that it was important, Mayor Stout opened the public hearing. Addressing Council were Ken Viler, 7102 Jasper Street, brought it to the Council`s attention how fast the cars go down Jasper and how much Jasper is used in order for cars r~ avoid Carnelian. He felt a four-way stop sign was needed on Jasper. Clarence Whitley, 7148 Jasper, also agreed with Mr, Vil er's conme nts abaut the speeding vehicles on Jaspa r, Mika Williams, 7138 Jasper, also concurred with the previous two gentlemen asking that Counc it do something to slow the traffic down on this street. Chris Green, 7130 Jasper, also felt traffic should be slowed down in some way. There being no further response, public hearing was closed, Russ Maguire, City Engineer, stated Jasper could be pulled from this ordinance and brought back after it is studied, City Clerk Au thelet read the fitie of Ordinance 344. ORDINANCE N0, 344 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 10.20.OL0 AND 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN CITY STREETS City Council Minutes April 20, 1988 Page 20 MOTION: Moved by King, seconded by Bu quet to waive full reading of said Ordinance and set second reading for May 4, 1988 with the exception of Jasper which would come back after it is studied further. Motion carried unanimously 5-0. * ~ • • + + G. CITY MANAGER'S STAFF REPORTS G1. CONSIDERATION OF TELEPHONE SERVICES IN RANCHO CUCAMONGA. (1200-00 P. UTILITY Continue to May , 1988. ! k ~ * t G2 James Markman stated that effective January 1, 1988, the law now provides that the county is presumed to act on behalf of cities for which it collected taxes unless the city notifies them differently. He stated he did not see anything wrong with this new taw and felt the Counci] should approve this. ACTION: Report is to be received and filed, and Council concurred to keep the County Council for such matters. ..»+._ G3. OISCOSSION ON BENEFITS AND Li MITAT IONS OF DEVELOPMENT AGREEMENTS. Oral report by James Markman, City Attorney. 0602-01 AGREE Mr. Markman stated that at the request of Brad Buli er, City Planner, he would be reporting on the Benefits and Limitations of Development Agreements. ACTION: Report received and filed. No action taken. • ... e e G4. MOTION; Moved by Wright, seconded by King to support Proposition 70. Motion carried 4-1 (Brown voted no). . + . + w H, COUNCIL BUSINESS City Council Minutes April 20, 1988 Page 21 Hl. CONSIDERATION TO SUPPORT THE HISTORICAL SIGNIFICANCE AND HERITAGE OF THE TRI- U IES. Staff report by Mayor Stout. 1402-06 HIST RY RES OLU7ION N0. 88-166 A RESOLUTION OF THE CITY CwI:C 1L OF NE TY "Aa CI10 CUCAMONGA, CALIFORNIA, OFFICIALLY RECOGNIZING 7HE~HISTORIC 6IGNI FI CAN CE OF THE TRI-COMMUNITIES HE RITP.GE AND SUPPORTING THE PERMANENT INCORPORATION OF THE HISTORIC LEGACIES OF THE COMMUNITIES OF ALTA LOMA, CUCAMONGA, AND ETIWANDA MOTION: Moved by Brown, seconded by Wright to approve Resolution 88-166. Motion carried 4-1 (King voted no). • . • + . . H2. CONSIDERATION OF AN ORDINANCE PROHIBITING THE DI Attorney. (1301-09 Mayor Stout stated he had a problem with the Ordinance that was submitted and felt a little mnra research should be done on this. Councilmember Buquet felt the Council really needed to look at the firearms replica issue. Mayor Stout asked Lauren Wasserman how long was needed to update Council on this matter. Lauren Wasserman, City Manager, stated an update could be given on May 18th if Council so desired. Councilmember King stated he would like snore information on the sale of real firearms. The entire Council further discussed what the City Council can actually do on the replica firearms issue. Councilmember Brown said she would feel much more comfortable if the sale of the re of lca fires rrc~s were orohibi ted in Rancho Cu camon aa. Councilmember Wright said she would like to hear a commitment that the City will definitely do something about this. The Council concurred that Mayor Stout and Counc it memher Buquet would work as a subconmittee on this along with the City Attorney. Jim Frost, City Treasurer, addressed Council stating he wasn't sure what the City or the Council wanted in order to resolve on this issue. City Council Minutes April 20, 1986 Page 22 +..+.~ I. IDENTIFICATION OF ITEMS FOR NEXT MEET[N6 None submitted. z _ _ J. COMMUNICATIONS FROM THE PUBLIC No conmunica ti ons we r^ made from the public. ~ . + + K. ADJOURNMENT MOTION: Moved by Brown, seconded by Bu qu et to adjourn. Motion carried unanimously 5-0. Meeting adjourned at 10:00 p.m. Respectfully submitted, Debra J. 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SEAIf GE gIIFORNIA County d...c~.yam[Y}Im ~° ~-O°M -1-E i-6c ~~ ~ ~~~~~ ...,.., ,.. ~:w.. nwnM .• ^~•~.~i Wr .MiMxw M 0.•w.r rr+n.a , rw.~ ., ~....W.. r~ xu rw n.,,rw •rNn+n ~r V -~M,. r. •. .nM. h •NVr... x. ~nw~M ...n .s .orlon +su~. u w o.+•,~+~~ `~ ~; ~~ ~1L B~ yo N -- _._ ~ ~--_ _ ~ 8yir j I THE CUB `--~i The Cub II41i Foothill Blvd. Rancho Cucamonga C,q 91730 j /''/ Property Currently Zoned: COMMERCIAL Zoning of adjacent prooerties: North; Commercial (vacant) South: USP Railroad & Medium Residential East: Medium Residential West: Commercial APII X207-57 L75 Submitted by: Joe To rrez C~ 1~~U S z ~ :1 ~.) ~: _-. (.) , E': ': .: ~k,-+ V r ;Ln ~'1-~ ~1 ~ _ _~ r•I f'_J . C ~ COPYe._..,~...~~. ~G~~ ~..~. __ MNKASION IO! NCOIAOIK SNeA01 UCY/Wf) I. iYCryS) Of uCFNSE(SI fNE NO. f« 6yrwre N MOAEY< OAwe3. CMd 1061 bwN.y 4`l~ !~ Seoir.~e., C9R 9St16 ~r.r...so.r..on~~ Op 936E BI®1 G IILR HCeIIf NO. 399393 ~ ~u . fM ~.JeJ3../Aw.Sf.IlOr it %wrw 4rSwJrAN4w EMQt. 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F Y4 X. wN~. +'w l.~w.wfwww~wlrE~TElII.~. a ~ Ilww.dr hed _AIS M ._)fewl/I N. ~~ DS Na T.Aw MI~f'SY 4r:fw UEP~w.r D.O.13 a~ /Nrlw.~ ~ ErwiEE n.0o, ~ E4wMI EwEr4 hll-0S ---------_------------------------------------~~w.EA ---------------------------------~----- _, ll l fAn !10 ~ II ~ I N y 1 ~ 1, ~~~ ~ I o zr l.~ ~ ~d z ?ll - i "a ' V n I r ~-~ m ~~~ i~ ; I II ) i ~ Ltl ~ - ' 1 - .~ ' i' ''I ~'-.I ~~ r,.-_------ vncurr rarsnni cnnv V ~ V N JOE'S NEW YORK DELI Haven Tech Center (3645 Haven Ave. #550 Rancho Cucamonga, Cal. 91130 Property is currently zoned: Haven Overlay District, within I.S.P. Subarea Six, an Industrial Park Zoning of adjacent property is North; Haven Overlay Di strick (vacant) South; Haven Overlay Districk (vacant) Fact t S.P Suh Aroma 6 Tnducfrf al Da.L l.,~~...t1 West I.S.P. Suh Area 6, Industrial Park APNN 209 143 04 h By: Joe Torrez 16 May 1988 ---- CITY OF R.1NCH0 CI;CAY10*IG~+ STAFF REPORT j-,1 ~~ DATE: June i, 1988 J T0: City Council and City Manager I FROM: Russell H. Maguire, City Engineer ~, 8'i: Linda Beek, engineering Tecnm ciao I SUBJECT: Approval of Map, Improvement Agreement and Improvement Security for Tract 13691, located on the southwest corner of ~~ Haven Avenue and Carr ari Street, submitted by NAFDT, A ~, California Limited Partnership RECOMIENDATION It is recommended that the City Council adopt the attached resolution approving Tract 13697, accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS/BACKGROUND Tract 13697, located on the southwest corner of Haven Avenue and Carrari Street, in the Low Residential Development District, was approved by the Planning Commission on November 10, 1987, for the division of 29.9 acres into 4/ lots. The Developer, NAFDT, A California Limited Partnership, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: 8679,000 Labor and Material Bond: 8339,000 Monumentation Cash Deposit; E 4,800 Copies of the agreement and security are available in the City Clerk's Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.6R.'s have also h een approved by the City Attorney. Respectf , y~submitted, 'RNM:LB'~td~ Attachments RESOLUTION N0. G~ ~ r ~~ A RESOLUTIOr. OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROYEMENT SECURITY, AND FINAL MAP OF TRACT N0. 13697 WHEREAS, the Tentative Map of Tract No. 13691, consisting of 41 lots, d by HAFOT, A Cdi ifur ilia LiNit~'u' r"drLncrihip, SUbd{eider, loedted on the southwest corner of Haven Avenue and Carr ari Street, has been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract Bald Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor i; authorized to execute smne on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security Ts accepted as good and sufficient, subJect to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said Ctty, L~14 ~V N CIr1tV OF ~~~ Tract 13697 RANCHO CUCAMONGA '~'~ ENGINEERING DIVISION a5 ~~`• C[TY OF RANCHO CtiC'A~10NGA STAFF REPORT ~~ DATE: June 1, 1968 i T0: City Council and City Manager ~I~ FROM: Russell H. Maguire, City Engineer BY: Lindd Beek, EOyliiecl'ifig TcC hi~iC idii ~ SUBJECT: Approval of Map, Improvement Agreement and Improvement I' Security for Tract 13715, located on the northeast corner of Jennet Street and Exeter Court, submitted by Walton Hillside i, Estates Company ', RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving Tract 13715, accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS/BACKGROUND Tract 13715, located on the northeast corner of Jennet Street and Exeter Court, in the Very Loa Residential Development District, was approved by the Planning Commission do October 14, 1987, for the division of 2.54 acres into o lots, The Developer, Walton Hillside Estates Company, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: 544,000 Labor and Material Bond: b22,000 Monumen tat ion Cash Deposit: 5 2,650 Copies of the agreement and security are available in the City Clerk's Office. Letters or approval have been received from the high school and element ary school districts and Cucamonga County Water District. C.C.&R.'s have also been approved by the City Attorney. Respgct~ ly submitted, /if i ,. l~~~ R :1.6 Attachments ~ („ RESOLUTION N0. ~ - 33 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGR, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ANO FINAL MAP OF TRACT N0. 13715 WHEREAS, the Tentative Map of Tract No. 13715, consisting of 5 lots, submitted by Waiten Hillside Estates Company, Subdi of der, located on the northeast corner of ,7ennet Street and Exeter Court, has been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements est ab l7shed as prerequisite to approval of the Finat Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE [T RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: T.he.t said Improvement A.greemen*. be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto: and 2. That said Improvement Security is accepted as good and sufficient, su6,~ect to approval as to form and content thereof by the City Attorney; and ?. That the offers 'or dedication and the Final Map delineating same be approved and the City Clerk fs authorized to execute the certificate thereon on behalf of said City. ~~ i ~~ 2 1~ I ~~ 3 J~~ 1 lr w w 3 ~= ~ x ~a 4 N ~`\ \ ~T _ 5~~~ \ iNl9 _ -'~-,- t _~ ~ N COY OF 1TE1~[: Tract 1375 RANCHO CUCAMONGA T~ _ Excn~Exuva Dm.~oN `~~ parr. ----- CITY OF RANCHO CL'CAMONGA STAFF REPORT ~~- DATE: _~ T0: City Council and City Manager FROM: Russell R. Maguire, City Engineer B~i: Linda Beek, uiyineeriiiy iechniC idn SUBJECT: Approval of Map, Improvement Agreement and Improvement Security for Tract 13742, located on the south side of Arrow 'i Route, between Sierra Madre and Calaveras Avenues, submitted I by A.C. & C. Development Limited '', RECOMIIENDATICM It is recommended that the City Council adopt the attached resolution approving Tract 13742, accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS/BACKGROUND Tract 13142, located on the south sf de of Arrow Route, between Sierra Madre and Calaveras Avenues, in the Low Density Residential Development District, was approved by the Planning Commission on November 28, 1981, for the division of v.wv acres loco ii wu. The Developer, A.C. & C. Development Limited, is suhmitting an agreement and securf ty to guarantee the :onstr uction of the off-site improvements in the following amounts: Faithful Performance Bond: E76,000 Labor and Material Band: 538,000 Monunen tail on Cash Deposit: E 3,250 Copies of the agreement and security are available in the City Clerk's Office. Letters of aooroval have been received from the high school and elementary school districts and Cucamonga County water Disirit i.. Respec y~submitted, RNM: Attachments ~~ RESOLUTION N0. ZS b ~ ~3g A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAF Of TRACT N0. 13742 WHEREAS, the Tentative Map of Tract No. 13742, consisting of 11 lots, submitted by A.C. s C. Development Limitetl, Subdivider, located on the south side of Arrow Route, between Calaveras Avenue and Sierra Madre Avenue, has been submitted to the City of Rancho Cucamonga by said Suhdivider for appreval by said City as provided in the Subdivision Map Act of the State of California, and in canpl tan ce with the requirements of Ordinance No. ^c8 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final MaD offering for dedication for puhlic use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, Cal7fornia, as follows: That said Improvement Agreement be and the same is aDProved and the Mayor is authorized to execute same on behalf of said Citv and the Citv Clerk is authorized to attest thereto; and 2, That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3, That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. }~_/ G w z a w c~ ARROW ROUTE + - CITY OF RANCHO CUCAMONGA ENGIIdEERIIdG DM.9i0N I V N ~~ Trac[ 13742 ~ ~ Trrt.E: EXIDBIT: --- C[TI' OF RANCHO CCCANONGA STAFF REPORT DATE: T0: FROM: GY: SUBJECT: June 1, 1988 City Council and City Manager Russell H. Maguire, City Engineer Linda "o2ek, EnyiBeer'iny TeChnlCl ml ?:~ Approval of Maps, Improvement Agreements and Improvement Securities for Tracts 12650 and 12650-4, located on the east side of Haven Avenue, north of Wilson Avenue, submitted by The Deer Creek Company RECOMMENDATION It is recommended that the City Council adapt the attached resolution approving Tracts 12650 and 12650-4, accepting the subject agreements and securities and authorizing the Mayor and the City Clerk to sign said agreements and to cause said maps to record. ANALYSIS/BACKGROUND Tracts 12650 and 12650-4, located on the east side of Haven Avenue, north of Wilson Avenue, in the Very Low Development District, were approved by the Planning Commission on May 23, 1987, for the following: TRACTS ACRES LOTS 12650-4 24,07 36 12650 20,82 35 The Developer, The Deer Creek Company, is submitting agreements and securities to guarantee the construction of the off-site improvements in the following amounts: TR 12650 TR12650-4 S'iORM DRAIN Faithful Performance Bond: j210,00q j360,000 E182,000 Labor and Maieriai Hood: ji05, Ci10 ji80, 0110 j 91,11U0 Monumentation Cash Deposits: f 4,150 j 4,200 Copfes of the agreements and securities are available in the City Clerk's Office. 3z CCSR TRACTS 12650 ANO 12650-4 JUNE 1, 1988 PAGE 2 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.&R.'s have also been approved by Lhe City Attorney. Respectf~y submitted, R :LB: Attachments 33 RESOLUTION N0, ~ D ' 3~CJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES, AND FINAL MAPS OF TRACT NOS. 12650 AND 12650-4 WHEREAS, the Tentative Maps of Tract No. 12660, consisting of 35 lots, and Tract No. 12650-4, consisting of 36 lots, submitted by The Deer Creek Company, Subdivider, located on the east side of Haven Avenue, north of Wilson Avenue, have been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Maps of said Tracts said Subdivider has offered the Improvement Agreements submitted herewith for approval and execution by said City, together with good and sufficient improvement Securities, and submits for approval said Final Maps offering for dedication for public use the streets delineated thereon. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: That said Improvement Agreements be and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2, That said Improvement Securities are accepted as good and sufficient, sub,j ect to approval as to form and content thereof by the City Attorney; and 3, That the offers for dedication and the Final Maps delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behaif of said City. r~ 3~ ~ ('^/ \` 7~~ _~~ i .f.. I ~ - 1__ ~~r,__`V - >, N C~ Off, ~~; Trac[ 12b50 RANCHO CUCANiONGA LaiL~ peer 4reek ENGIIIEERII~iG DMBION '`3`~ ~`• -,F; ~~ ~, ~~z< ,i fi 2~ ~ lh ~ `~ ~ ~~'`. ~ eg l i ., ~ ~~~~i ~\ n s 3p 3j 32 __ 9 " nu iC l ~~ I~~ f? [~ `r, 'r ! a 'p _ ~r„- ~ z _ -___ ~_ ~_- ~ ~ r ~~ ~~. ~• / crrY o~ RANCHO CUCAMONGA xxanv~xn~ra nrv~ox `3 ~' ~ ~ i'. t V N ~~~ Tract 12650-4 Deer Creek ~nsrr: - CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russeii H. Maguire, City Engineer BY: Steve M. Gi7li land, Public Norks Inspector ,~_ SUBJECT: Approval of Improvement Agreement Extension for Tract Nos. 12590-3 and 12590-4, located on the northeast corner of 5ase line Road and Haven Avenue, submitted by Lewis Homes RECORi~11011TI0N It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and securS ty and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Inryrovement Security to guarantee the construction of the public improvements for Tract Nos. 12590-3 and 125W-4, located on the northeast corner of Base line Road and Haven Avenue, were approved by the City Counn I on October 2, 19tl5, in the following amounts. Faithful Performance Bond: 518,000 Labor and Material Bond: E 9,000 The developer, Lewis Homes, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respe f submitted, ~ < ~ RH~1:S :sd Attachments 3~ RESOLUTION N0. $ 0 "J('~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOR TRACT NOS. 12590-3 AND 12590-4 'WHEREAS, the City Council of the City of "n ancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on June 1, 1488, by Lewis Homes as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Base Line Road and Haven Avenue; 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 Tracts 12590-3 and 12590-4; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by goad and sufficient Improvement Security, which is identified in said improvement Agreement Extension. NOM, THEREFORE, BE IT RESOLVER by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement Extension and said Improvement Security 6e 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. // ~8 --- CITY OF RANCHO CL'CAMONGA STAFF REPORT ,r r~ GATE: June 1, 1988 T0: City Council and City Manager rRUM: Russell H. Maguire, Ciiy Engineer 8Y: Steve M. Gilliland, Public Morks Ins peciq ~~ i SUBJECT: Approval of Improvement Agreement Extension for Tract 12590, ~i, located on the northeast corner of Base Line Road and Haven Avenue, submitted by Lewis Homes RECOlNEN011TION It is recommended that the City Council adopt the attached resolution, accepting the sub,iect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 12950, located on the northeast corner of Base Line Road and Haven Avenue, were approved by the City Council on October Y, 1985, in the following amounts. Faithful Performance Bond: E133,000 Labor and Material Bond: E 67,000 The developer, Lewis Homes, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectf bmitted, n RHM S _ /_ '' /~~ Attachments 3~ RESOLUTION N0. 8 D~J ~~ A RESOLUT ICN OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMCNGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION ANU IMPROVEMENT SECURITY FOR TRACT 12590 WHEREAS, the City Council of the City of Rancho Cucamonga, CdiifJr'B id, hdS i4t ILS COnSlder dti uti dri ill"yi'GVp7ierd Ayi eeiTiciit 'cxteru iii executed on June 1, 1988, by Lewis Hanes as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Base Line Road and Haven Avenue; and WHEREAS, the installation of such improvements, described in said Improvament Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 12590; 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, DE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that safd Improvement Agreenent Extension and said Imerovement Security 6e 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. ~0 STAFF REPORT DATE: June 1, 1988 T0: City Council and Lity Manager FRvFi: RuSieii H. iiagu it c, viLy Enyi veer BY: Steve M. Gilliland, Public Works Inspecto~~ SUBJECT: Approval of Improvement Agreement Extension fer Tract 12590-2, located on the northeast corner of Base Line Road and Haven avenue, submitted by Lewis Homes RECOl~N011TIp1 It is reconmended that the City Council adopt the attached resolution, accepting the sub,iect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 12590-2, located on the northeast corner of Base Line Road and Haven Avenue, were approved by the City Council on vccooer ~, iyao, in the roiiowing amounts. Faithful Performance Bond; 525,500 Labor and Material Bond: 512,500 The developer, Lewis Homes, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Res bmftted, / ` /' ~~~- ftHM:S~gdl Attachments ~I RESOLUTION NO. $ D ~ 3-! ~` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12590-Z WHEREAS, the City Council of the City of Rancho Cucamonga, Cali`ornia, has fui tts cun5iuerati0n are irnprov~Yiiaet Agreement ExienSiun executed on June 1, 1988, by Lewis Homes as developer, for the improvement of public right-of-way adjacent to the real property specifically described tfierein, and generally located on the northeast corner of Base Line Road and Haven Avenue; 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 Tract 12590-2; 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, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, 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 CL'CAJIONGA STAFF REPORT `',~ -- DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Works Inspecto~cjgfj~=, SUBJECT: Rpproval of Improvement Agreement Ezt ension for Tract 13192, located on the north side of Terra Vista Parkway, east of Spruce Avenue, submitted by Lewis Homes RECOp1ENDY1TI01i It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKBROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Terra Yista 13192, located on the north side of Terra Vista Parkwav east of Spruce Avenue. were approved by the Citv Council on March 5, 1987, in the following amounts. Faithful Performance Bond; E158, 000 Labor and Material Bond: E 19,000 The developer, Lewis Names, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectf ly ytpmitted, / / ~ ~ J ~R.u.M: M6:sw ~ --- Attathn~ents ~~ RESOLUTION N0. Qg ~ 3U 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CIJCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13192 WHEREAS, the City Courcil of the Citv of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on June 1, 1988, by Lewis Homes as developer, for the improvement of public right-of-way adfacent to the real property specifically described therein, and generally located on the north side of Terra Vista Parkway, east of Spruce Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and sub,iect to the terms thereof, is to be done in con,iunction with the development of said Tract 13192; and WHEREAS, said Improvement Rgreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, 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. / ^~i 4~}- ~rmv nc n n wrn nn r .. n ~ v.~..~. . STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8Y: Harrye R. Hanson, Senior Civil Engineer SUBJECT: APPEAL OF PLANNING COMMISSION ACTION APPROVING TIME N N N AN u mitts o a reso ution con firming a , y ouncil decision made on May 18, 1988 regarding an appeal of a time extension for a proposed residential subdivision located on the north side of Hillside Lhannel east of Haven Avenue - APN 201-121-24 RECD!lIENMTIDN: Staff recommends that the City Council adopt the attached Resolution. DISCOSSIpI: On May 18, 1988 the City Council heard an appeal of the pro,iect because of a concern for: a, the lack of adequate secondary access, and b, the street design in the protect. The attached Resolution reflects the Council's decision to approve the time extension subiect to the addition of a condition requiring are additional access for emergency vehicles from the east boundary of the tract. Respec 1 s ~ed, RNM.N Attachment ~~ RESOLUTION N0. 0 0 ' ~'/`/' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR A TIME EXTENSION FOR TENTATIVE TRACT MAP, NUMBER 12332, TO PERMIT A CUSTOM LOT RESIDENTIAL SUBDIVISION OF 151 LOPS ON 85 ACRES OF LAND IN THE VERY LON RESIDENTIAL DISTRICT AND LOCATED ON THE NORTH SIDE OF HILLSIDE CHANNEL EAST OF HAiIEh AYC, RANCHO CucAMOnGA CALiF ORN1A, AND MAKING FINDINGS AND SUPPORT THEREOF A. RECITALS. (i) ROBERT J. SZOLOMAYER, on behalf of the Cristiano Company has filed a request for a Time Extension for Tentative Tract Map, Number 12332, described above in the title of this Resolution. Hereafter in this Resolution, the subject Tentative Tract Map request is referred to as "The Tentative Tract." (ii) On March 9, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a hearing on the subject matter of the Tentative Tract time extension and, following the conclusion of said hearing, adopted their Resolution No. 88-53 thereby approving the Tentative Tract time extension. (iii) Councilmember Nright filed a timely appeal of the Tentative Tract time extension approval represented in said Resolution No. 88-53 on behalf of the residents within the existino oorti on of the oro iect (Tract Nn. 12332-1) because of a concern for: a. the lack of ode yu ate secondary access, and b. the street design in the project (iv) On May 18, 1988, the City Council of the Cfty of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the appeal of the Tentative Tract lime extension and, on said date, concluded the public hearing. (v) All legal prerequisites to the adoption of this Resolution have occurred. RESOLUTION NON, THEREFORE, it is found, determined and resolved 6y 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. ~1CJ CITY COUNCIL RESOLUTION N0. TRACT 12332 JUNE 1, 1988 PAGE 2 2. Based upon the substantial evidence presented to this Council during the above-referenced May 18, 1988 hearing, including written staff reports, the minutes of the above-referenced March 9, 1988, Planning Commission meeting and the contents of Planning Commission Resolution No. 86-53 this Council specifically finds as follows: a. The Tentative irad appiiei iu property iucated on the north side of Hillside Channel east of Haven Avenue within the very low residential district and is currently vacant and unimproved; b. The property surrounding the subject site have the following land use designations and are developed as noted: North - Utility corridor (County area) Northeast - very low residential - vacant East -Flood Control - vacant South -very low residential - partially developed Nest - very low residential - partially developed c. The Tentative Tract contemplates the subdivision of the subject site into one hundred fifty-one (151) custom residential lots. Such a subdivision as contemplated is permitted within the very low residential district and such a dwelifng unit density as contemplated fs permitted pursuant to the density standards of the Development Code of the City of Rancho Cucamonga; o. ine ientattve tract street design is acceptable as proposed. e. An additional access for emergency vehicles is necessary for the general safety of the development. f. The subdivision request as specified in the Tentative Tract will not contradict the goals ar objectives of the General Plan or Development code of the City of Rancho Cucamonga and would not promote a detrimental condition to the persons and properties in the immediate vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-reference public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. The Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; ~~ CITY COUNCIL RESOLUTION ND. TRACT 12332 JUNE 1, 1988 PAGE 3 b, The design or improvements of the Tentative Tract is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; c. The subject site is physically suitable for the type of development proposed; d. The design of the proposed subdivision is not likely to cause substantial environmental damage or avoidable injury to hunans or wildlife or their habitat, e. The Tentative Tract is not likely to cause serious health problems; and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 5, Based upon the findings and conclusions set forth in paragraphs 1, 2, 3 and 4 above, this Council hereby grants a Time Extension for: TRACT APPLICANT EXPIRATION 12332 Cri stiano Company February 12, 1989 Subject to all the conditions set forth in Planning Commission new iuciun nos. nc-3b ana ao-ea ja copy or wm cn are attached hereto and marked as Exhibit "8") and inclusion of an additional condi tien as agreed to by the Developer to read as follows: An additional access for emergency vehicles shall be provided from the easterly boundary of the tract extending to Deer Creek Channel. The portion within the Flood Control District property shall be graded and compacted as approved by the Foothill Fire District, flood Control District and City Engineer. Also, permission shall be obtained from the Flood Control District to use the service roads adjacent to Deer Creek Channel as apart of the access route.(Exhibft "A" attached shows the proposed access alignment). b. This Council hereby provides notice to ROBERT J. SOLOMAYER as a partner with the Cristiano Company, that the time within which judicial review of the decision represented by this R.esol~!tt on must be sought is governed by the provisions of California Code of r;vll PrnrnAi~rn cecr ton lnoe, F. 7. The City Clerk is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, 6y Certified Mail, Return Receipt Requested, to ROBERT J. SOLOM4YER at his address his address as per City records. ~~ eRlos'E wriurr agwrwr ~ S/ T.E r.' ~/ ~~ T~ '/~~ ~ a: > 1 - ~.; ~r ~ ~ ! i___J_ ceen~r aua~ :~ :ti . rn :~ LEGCNO - rnsnwr arrrrra, ewlwwlu rn. - - runn• Irorfr "'•~• ~IIp Irow Mrlb CITY OF RANCHO CUCAMONGA ~C~naa nmstox AOOIT/ON.~L EMlRG6NCy VBN/CLi gt[N55 -- r-- I m w n ~I/i7. V PfEY: J'T I Z 3 3~ APPS N gGDiT~ONgL L•OI~RCCNCy 'dr~~ vifN/OLR 1'MCI3.5 err. A RESOLUTION N0. 88-63 A RESOLUTION OF THE RAN CNO CUCAMONGA PLANNING COMMISSION APPROVING A TIME EXTENSION FOR TENTATIVE TRACT N0. 12332 A. Recitals. (i) The Cristiano Comoanv has filed an aooliratinn for the extension of Tentative Tract No. 12332 as described in the title of this Resolution. Hereinafter in this Resolution, the sub,j ect Time Extension request is referred to as "the application". (ii) On March 9, 1986, this Commission adopted its Resolution No. 86-23, thereby approving, subject to specific conditions and time limits, Tentative Tract No. 12332. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1, ihis Commission hereby specifically finds that ali of the facts set forth in the Recitals, Part A, of this Resolutiom are true and correct. 7 0.><nA ubeYaM l>1 ai do nnl nd •~ •bS. r......., ..: noon e o n,n n. e. .... including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The previously approved Tentative Map is in substantial compliance w!th the City's current Generai Pian, Specific Plans, Ordinances, Plans, Codes and Policies; and (b) The time extension of the Tentative Map will not cause sign ifitant inconsfstencies with the current Generai Ptan, Specific Plans, Ordinances, Plans, Codes and Policies; and (c) The time extension of the Tentative Map is not ii:2 i'r tv CduSe aVb iiC health an cafe}v nrnhiemc• and ~ -- --. . --~-~~-. (d) The time extension is within the time limits prescribed by state law and local ordinance. Q V1. EXHIBIT "B" PLANNING COMMISSION RESOLUTION N0. 88-83 TT 12332 - Christi ono Company January 27, 1988 Page 2 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby grants a Time Extension for: Tract Applicant Expiration 12332 frictiTnn Cnmp any Febr~~ ~ 19 loco Subject to the following administrative clarification of rthe conditions of approval: 1, The 32 foot wide streets shall 6e posted for no parking on hoth sides. 2. The downhill legs of street intersections shall be designed to minimize the effect of rolling the profile if required for drainage control. 3. The cul-de-sac street (Court h) at the southeast corner of the Tract shall be designed with both a turnaround and an access to the property to the east as approved by the City Engineer. 4. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. A PPROVEC AND ADOPTED THIS 9TH DAY OF MARCH, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA °ur a'u Buiier. Geuuty iec rNi.nrv of inn 'v ion r.i nn rnmmiecinn ni •no ru„ ..f Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of March, 1988, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, BLAKESLEY, CHiTIEA, MCNIEL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~~ RESOLUTION N0. 86-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, COND[TIONALLY APPROVING TENTATIVE TRACT 12332. WHEREAS, Tentative Tract Map No. 12332, hereinafter "Map" submitted by Walter Laband, applicant, for the purpose of subdividing the real property s iiuated in the Lity of Rancho Cucamonga, County of San nernard ino, Siate of California, described as a custom lot development into 151 lots, regularly came before the Planning Commission for public hearing and action on February 12, 1986; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Division's reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Df vis ion's reports and has considered other evidence presented at the public hearing. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: SECTION 1: The Planning Commission makes the fallowing findings in regard to entative Tract No. 12332 and the Map thereof: la) the tentat lve tract is consistent with Lhe General Plan, Development Code, and specific plans; (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (el The tentative tract is not likely to cause serious pubi is health prob iems; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. '~''"I l~ Page 2 (g) That this Droject will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 12332, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLAiIN ING ~-.__--., 1. A signature sign-off shall be contained within the individual homeowner CC & R's designed to alert the buyer as to the requirement for street trees, including maintenance. Prior to occupancy, street trees and slope plantings on individual parcels must 6e inspected and approved by the City. 2. Parkstrip landscaping and street trees, with appropriate irrigation systems shall be required along streets "A" and "C". The required landscaping and street trees may be added with each phase of street construct ton. 3. Rooted ground cover is required for slope bank erosion control where required by standard conditions. Hydroseed ing shalt not be al towed because of rocky soil. ENGINEERING 1. Dedication of ingress and egress and maintenance easements overall interior streets shall be dedicated on the Final Map to the City of Rancho Cucamonga Engineering and Public Norks Divisions; the Cucamonga County Nater District; the San Bernardi nn County Flood Control District; Southern California Gas Company; Southern California Edison Company. 2. The northeasterly portion of the project area (Flood Control District Easement) shall be made a part of the tract map. The CC & R's for this tract shall make provisions to incorporate this area into the IIUIIICU1111ef 'J AsJUt lat i111I Ulllt L111~ a!'ea IJ UeYe lUpeU. 3. An access easement by separate instrument shall be provided to the property lying east of the project area (owned by San Bernardino County Flood Control District). The document shall be prepared to the satisfaction of the District. This condition shall be waived if the access is not required by the Flood Control District. ~~ Page 3 4. The Homeowners Associat ton established shall provide specifically for adequate funding for the future maintenance of the private roadways and the Haven Avenue landscaping. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 1986. PLAt~NtN~ COMMISSION OF THE CITY OF RANCHO CUCAMONGA 1 Den s L ~t~ou~~~Pha/i r'man%/~ ATTEST: ~~%G'w '~~~~~""~~' ra u er, eputy ecretary I, Brad Buller, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of February, 1986, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, BARKER, REMPEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 4 ~i~ 0 z Y V N O L _ =E .°. ~E e~_v opoe g9~ ar~i8 u~ °o P.ss~ a~i - ge°.'..~ re~s~ao e~e_ goo~~ to - ~~o - 5;"s, ° _ ;g _ ?ea oo~ ~~~ ° -- k -- gd8'° - ~~5~~ t9~~ 'aS ~,d r ~\I No~\I.. \ Klee i h Y 9 ''-E ~ ~8 ~ ~ - - ~ ~ ° $~ ~ € $ 8 ' 0 °~ ~ ~ , ~ ~ ~g§ 1 ~ ~ =' e 5 4 ~ x? - E 5 _ „3 8 = ~~ 5 3 ~ ~ ~~~ r ~~- p 4 8$e°/~aatee Y ~ °_ °S4e8, 8 ~°~u ~~ 6~°~~O ~o~S £ F~ si ~s~ i .a ~~~$`E,x &'=E - ~~ 3gEE.,cE` ~, Li",gR~~.._ ~I ml ~~ ~q F Z Y 7 ci _ -, - .. as e ~~ _a ~Q e~~o Ti - V9 o$ U - i~ V aCu ~~~~'~~ ~Y _ ~ u - _ €e _ ~~ - '_ ~~ PEL ~Es 4@-° as... t e~ryX s,. ,. ..- _ .R`.«.L.~~$ ~ab 8 @g~~EE_o W__: _ ~~ .~~98 ra8 N ~fi ~ _ ~S -_ €~ ~~ 8 N e ~ „ ° ggo a~ $ 25 °~i" S£ ?°o ~ i -E"< <yV v8 'S ~ ~ € „~ = $`~_ goo= "~~ c~ u ` ~ c g~~ oe~ e, °E Z: e ~, ~ v_cO'S=~ ~`~5~~€ .~°x ~~S= n! ~I ml ~I 4 ~I ~ 4 ~ ~-~ ~~O.S _~~~8 e8+ Eg =F~`a 5"a~'3~ £ga'~„,fr ~F~_~X .v5~ - aE e~xs' ~E. ?~g`.S, _~~_= €~°~9~ ~` ^SF ~5.. 6" o$~ \~ ~! V W O _ „~ _ - _ _ _ _ _ w os z _ _E - Pa - - i - ~o~~ ~~ _ o E»' ~% - E „A„ ~.- q~ iwo ..r <ryfr-°°-a.:+Svo <.-`tls <5 ~oF oV ~ ~ ~I ~I ~I ~ ~ xl ~~ ~_ o _ v ag o ` 6~L u _- F 8- L~o c g` e~ °E cog a~'o~ _so 8^ _ !&., v ~ g~~ ' ~Ees aE y F - ~ - '€ `"sue -_°i$ '_,~ `8~ _.°_€ opt o - - » ~ - - r$ €E `~~ . <Vr° ~.&m -@. .oH ~~ <o V°.-. moo! g~o~ ,t co s..~x `` ~{ ~~~ W 0 z Y U i n a ;% &V_ _ m cE _ ~a~~ _ _- vFfi - ` f 9€ _ r , >ffi o - ~ ,< qa= S:e g~S~ ~ _ _ <8 _ Gig a$o Vic<.. - - g `$ ~ k~$ ~8 SAS&Z __ - ' _~~ _ ~~ gam __ € _ _ _ _ .. eg o 38 °x& $~ f~ eg ~ _ g _ r _ eR' 'go ~§~ ~E P ~~~E _ _ e ":! g - ` ~'& _ - _ _ go oo ~ ~ r8 ' ae o`L~ P~ ~~8 ~E g.~ .:a ,,., o G ,,,~ _ G .~- ~:7` , ~,-._ psi a's g_ FS ~'E t:68 /'F ~ ~ ^ I ~MI~ rvl ^I ~ ~ xI f.7--- e Z u v L o$~ _o~ 3PUC a4~ -__fr ~~E9i e cb°a LL~a~ <a~soa, S _ €" ~E ~~ = :_ ~Q _ :~ €~ e~ _ §E ~i mi :i _`$ o ab~ E& w ~e ~~ W o€ Y V o a~ qI _ p~r g; _ " n~+ ~6-W ~° fr ^ ~ a ~I ~ I E _ &~ __ va E 8g ~ ~ = ~g a ee $~ _ a€ S a.. °A " g~ _~ ~~ ~ :S ~~o. ... . .a„ r8 E a ~8 __ _ ., ~ I '• g ~~T' d8o u~ p dg `Wo ~ i ~~ Eu Ito L ~ n u$ u2 u~ cb ~g ~E _., .,a <, a.v~o s~.. r ~ M1 _~4~ ~..a t4~Ee `; °~ d~e~ m8 -_ B~°E ~R "a• es .:=gin ~80~! _ ~o~€_ p° .1.8 :.4 a°u i, o°~ ~~gg '°_s_ o* _ _"; EEEy _ "r8 _ 4x a$ ~~~~ ~-~ ~ 0 V a 0 a ~` -~9 =- e V F'o o g --" ~ k _ y F` _PF _ 9g~ &- Haw a_ ~e~~ ro"E ,.,a o~` <T O' W«xS~~ ao 52 < E u I e~ ~~ n ~ ~ ( T ~ ~ y ~ ~ ~I e $ g ~ o W 5 r"g~ a n E E~ d~ g ;g _ o _ _ t~ g e $ u~ ao~ €s a di .". i g€n ~~ ~ , i ^ ~~ ol ~ N ~f i ' a~ sdi ~~ g~ t 1 o~ Jai Y ~S~ -=E ~.r ~~=~~ ~~~ :$ eE y$`o o~ k -;y $ a+u ^i 4a K z Y N 0 $~ ~ .. ., - ~~~ - .8g ~s _ vP ~ E = - M_ _ = v~ ~ _ ~jE vFa ~ ~ ~ C A°o ~g~ d5~ e~ o ~ o ° a° 's ~~~ - - ox `y _ =a eg a „- E o .. e ~ ~ €~ q ~E n ,. ,. - - ~ o e t _ ~ & ~ - __ e8 ~ E a Z ~~ 8, _ ~. ~ba~ L - - 59 '~ Y Z _ . _ _ F. _ _ e ~ 2 go _ e8 = o 8 -oe ~~ N 1 ~ ~I nl! ^~ ml P~ z ~~ € ~ 8 $ ~~ fi~ E_ <~« < ~~ ~I - - CITY OF RANCftO Cl!GAA10NGd STAFF REPORT i ~- ~ ~ ;-~ Date: June 1, 1986 3 To: City Council and City Manager i From: Russell H. Maguire, City Engineer ny: Richard R. Cola, Avocia%e Clvti Engineer Subject: Approval and Execution of Program Supplement No. 13 for Local Agency-State Agreement No. OS-5420 between the City of Rancho Cucamonga and the State of California for the Roadway Improvement of Grove Avenue within the Atchison, Topeka and Santa Fe Railroad Crossing No. 2-99.7 located 100' north of 8th Street. The City's portion of 5140,116.00 is to be funded by Systems Development Funds, Account No. 22-4637-8751. It is hereby recommended that the City Council approve the attached Resolution that authorizes the execution of Program Supplement No. 13 to Local Agency-State Agreement for Federal-Aid Project No. OB-5420 and directs for the signing of said supplement and for the return of a certified copy of said Resolution to the State of California Department of Transportation along with the supplement. BA1:1(iRUUmU/AMN. TS15: Attached herewith are the duplicate original copies of the above subject Program Supplement No. 13 to Local Agency-State Agreement for Federal-Aid Project No. 00-50.20. This program supplement provides for the roadway widening improvements of Grove Avenue within the Atchison, Topeka and Santa Fe Railway Crossing right-of-way. The supplement sets the Federal portion of the project at 525,200.00 and the City's portion at f140,116.00 for a total of 5165,316.00. Roadway improvements will cover asphaltic concrete pavement widening for Grove Avenue from Lhe existing 27 foot wide roadway (one traffic lane 1n each direction) to the proposed 64 foot wide roadway (tyro traffic lanes in each direction), as well as Portland cement concrete curbs, gutters and sidewalks; traffic striping, pavement marking and "brick red` cobblestone patterned concrete median paving. Respec~yzubmltted, ~ ~ , ,/ ' RHM:RrIC: Pam Attachme~ ,i ~, % ~~~~_z--° _~----f RESOLUTION N0. Q 8 - J`YJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EJ(ECUTION AND SIGNING OF PROGRAM SUPPLEMENT N0. 13 TO LCCAL-STATE AGREEMENT N0. OB-5420 FOR ROADWAY NIDENING IMPROYEMENTS ON GROVE AVENUE WITHIN THE ATCHISON, TOPEKA AND S0.VTA FE RAILROAD CROSSING (N0. 2-99.7) RIGHT-OF-WAY WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as "Local Agency'), has for its consideration and execution, the Program Supplement No. 13 to Local Agency-State Agreement No. 08-5420 for Roadway Widening Improvements on Grove Avenue within the Atchison, Topeka and Santa Fe Railroad Crossing No. 2-99.7 located 100' north of 8th Street; and NHEREAS, the State of California, Department of Transportation, District Office 8 (hereinafter referred to as "State") processes and monitors Federally funded projects; and WHEREAS, as a condition to payment of Federal funds for said projects, the Local Agency shall approve and execute said Program Supplement No. 13. NOM, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rancho Cucamonga, California, that said Program Supplement No. 13 be hereby approved and accepted, and authorize the Mayor to execute the same, and direct the City Clerk to attach a certified copy of this Resolution, as well as type supplementVand~mail~same to~the~StateyforVfinalvexecution.V ~~y~~ V~ ~~~~ 8E IT ALSO RESOLVED, that the Local Agency shall also comply with the "Special Covenants or Remarks" attached to said supplement: 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be perfornied by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. In executing Lhis Program Supplemental Agreement the Local Agency hereby eaffinas the "Nondlscrlmination Assurances" contained in the aforementioned Master Agreement for Federal-Aid o.. 3. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 5~ The Local Agency agrees the payment of Federal funds w111 be limited to the Detail Estimate amounts approved by the Federal Highway Administrztlon in the Federal-Aid Project Agreement (PR- 2), or its modification (PR-2A), and accepts any Tncreases in Exchange Funds, State Matching funds, andlor Local Agency Funds as shown on the Finance or 81d Letter or its modification as prepared by the Division of Local Streets and Roads. li 52 -- CITY OF RANCHO CUCAMONGA STAFF REPORT Date: June 1, 1988 To: City Council and City Manager From: Russell H. Maguire. City Engineer BY: Johr. L. Martin, Asscc!ate Civil Engineer .3-. ~& Subiect: Approval of Agreement for Installation of Public Improvement and Dedication between Albert F. Bangle and Vivian E. Bangle and the City of Rancho Cucamonga for Street Frontage Improvements along 6714 Amethyst Street and 19th Street, located at the southwest corner of 19th Street and Amethyst Street RECCMIEIDATIpI• It is recowaended that City Council adopt the attached Resolution approving the Agreement for Installation of Public Improvement and Dedication between Albert F. Cangle and Vivian E. Bangle. BACK6ROUID/AIYLL 1'S I S The attached subiect Agreement between the City and Albert F. Bangle and Vivian E. Bangle provides for the construction of street improvements which include curbs, gutters, sidewalks, drive approach, street light and yd~c~w<~iti aiJuy uie oouyiea ii Lii dircei m:u iwiecnysL JLreei frontage. Mr. and Mrs. Bangle have agreed to grant to the City a Roadway Easement to allow for the widening and fmprovement of 19th Street to return for the construction of said improvements. Said street improvements will be constructed 1n con,iunction with the City's Amethyst Street at 19th Street Improvement Pro,{ect. Respectfu submitted, //' ~> RH :JLM:pam Attat .ant .~3 ',.~ RESOLUTION NO.~ 0 ~ 3 Y'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOR INSTALLATION Of PUBLIC IMPROVEMENT AND DEDICATION FROM ALBERT F. BANGLE AND YIYIAN E. BANGLE, AND AUTHORIZING THE M11YOR ANO CITY CLERK TO SIGN SAME WHEREAS, the City Council of the City of Rancho Cucamonga has established requirements for construction of frontage improvements in conJunction with the Amethyst Street and Nineteenth Street Proieci; and WHEREAS, installation of curb, gutter, drive approach, sidewalk, street lights and street pavements located along 6714 Naethyst Street an6 19th Street, Lo be made part of the Amethyst and 19th Streets Improvement Proiect; and WHEREAS, Albert F. Bangle and Vivian E. Bangle have agreed to dedicate Right-af-Nay as reimbursement to the City for said improvements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, California, does accept said Improvement Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. 5~ - C[TY OF RANCHO CliCAMONGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8r: Joei iazo, Jr. Civii Engineer er. 1'z SUBJECT: Award the Slurry Seal Program, Phase II Improvement Project to Pavement Coatings Company for the amount of 566,384.66, to be funded from SB 300 Funds -Account No. 15-4637-8050 RECOMNENBATION: It is recommended that the City Council accept all bids as submitted and award the contract far Slurry Seal Program, Phase II Improvement Project to the lowest responsible bidder, Pavement Coatings Company for the amount of 566,384.66. BACKGROUND/ANALYSIS per prnvi ou< Council action, bids were solicited, received and opened on May 20, 1988, for the subject project. Pavement Coatings Company is the apparent lowest responsible bidder with a bid amount of f66,384.66 (see attached bid summary). The Engineer's estimate was f92,500.66. Staff has reviewed all bids received and found tnem CO oe 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. Respe ~f v submitted, C ~ ` RHM: Attachment ce: Purchasing 55 S 6 O «~ O S 0 d a a `o 8 e g U m N o ~ tO a ~ z° Q $ ~ Qa (~~ N ~ R 0 .. '9 m ~ ~ .. C V a $ .~ _ ~ C O O Q g' y 6 J U f O W J C O N i vu1 h a O b .- a e ~ 5~ g ~ -- --- CITY" OF RANCHO CI;CAi+fONG~l STAFF REPORT r DATE: June 1, 1988 ~~ T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer ~, oY: Waltcr ,,, St ickrey, nssx iatz Divi~ G-~gi near ~I SUBJECT: Approval to award and execute a Professional Service Agreement ' for Engineering Planning and design services relating to the updating of the City's Master Plan of Drainage for the i Cucamonga, Deer and Day Creeks area to Psomas and Associates for ~'~ the amount of E258, 300 to be funded from Drainage fund Account I Number 23-4637-8766 with partial reimbursement (E75,000) from ~ RDA Fund Number 11-50300 I RECOMIENDATION: It is recommended that the City Council award the protect for the Cucamonga, Deer and Day Creeks Area Master Plan of Drainage to Psomas and Associates, authorize the Mayor and City Clerk to execute the contract documents for said oroject and authorize the Administrative Services Director to expend E271,215.00 (E258,30D.00 plus 5X contingency) to be funded from Drainage fund Account Number 23-46"s7-8766 with partial reimbursement of E75,DDD from RDA Fund Number 11-50300 BACKGROUND/ANALYSIS The anticipated development activity in the Cucamonga, Deer and Day Creeks storm drainage watershed areas has caused the need for a thorough examination of the areas drainage adequacy along with the establishment of interim drainage facilities to accomodate development until the ultimate regional system (Day Creek) is installed. In addition a fair and equitable tee structure is needed for the area which will reflect those costs and benefits associated with the proposed master olan dr airiage facilities. Qualification Statements from ten engineering firms were reviewed and based on the experience required for this type of project it was determined that Psomas and Associates is the most qualified. The project will be complete in the Sprinq of 1989. Respe s~qb fitted, ~ _ - f, RHM:WS: dTw .. ._' Attachment 5'~ ---- CITY OF RANCHO CL'CAMONGA STAFF REPORT ~~ Date: June 1, 1988 To: City Council and City Manager ~i From: Russell H. Maguire, City Engineer By: John L. Merti.^., Associate Civil L~gineer ~; SubJect: Approval and Execution of a Professional Services Agreement ' with GPS Consulting Engineers to prepare Base Line Road 'i WTdening Phase I from Route 15 to 500 feet West of Etiwanda '~ Avenue and Storm Drain Construction for a fee not to exceed ~~~ 550,600.00 to be funded from the Systems Development Fund, ~I Account No, 22-4637-8730. RECOMMEMDATION• Tt~s ewe- y~recamaended to award and execute a Professional Services Agreement with GPS Consulting Engineers to prepare Plans, Specifications and Estimates along with various engineering studies and field surveys for Base Line Road Storm Drain and Street Improvements from I-15 to West of Etiwanda Avenue. Such work to be done for a fee not to exceed 550,600.00 to be paid from Systems Development Fund, Account No. 22-4637- 8730. BACKBROUMD/AMALTSIS• •.~•. = """ tom- `,~„ „f L,u. piny, Inc., recervea a "Notice of Termination of Contract from Staff and subsequently has transferred all pertinent engineering documents and plans to the City as requested. The firm of GPS Consulting Engineers are presently preparing plans and specifications for Base Line Road, Phase II between Victoria park Lane and Etiwanda Avenue. They have submitted a proposal to provide the City with Plans and Specifications for Phase i that could be used to combine both phases as one project or two, at our discretion. They will be proceeding to bring Phase I up to the same level of preparation as we are presently experiencing with Phase lI. Both phases should be ready for advertisement simultaneously. However, Right-af-Way negotiations have not yet begun for Phase I. NP C11Pf 1f`Mlle ~~~h~w1 •~nA ~II„ a y va v~n~,.. 1. aHM:~ Attachment 5g RESOLUTION NO.g ~ - 3 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA TO ANARD AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT NITH GPS CONSULTING ENGINEERS OF TUSTIN, CALIFORNIA, TO PREPARE PUNS, SPECIFICATIONS ANO ESTIMATES FOR BASE L[NE ROAD STORM DRAIN AND STREET IMPROVEMENTS FROM I-15 TO NEST OF ETINANDA AVENUE NHEREAS, the City Council of the City of Rancho Cucamonga desires to install a Master Plan Storm Drain in Base Line Road and to otherwise widen and improve Base Line Road from I-15 to a point Nest of Etiwanda Avenue; NHEREAS, the engineering firm of BPS has responded to a Request for Proposal issued by the City to provide professional engineering services for land surveys, engineering design, studies and calculations, with services for the preparation of Plans, Specifications and Estimates for a Master Plan Storm Drain in Base Ltne Road and to otherwise widen and improve Base Ltne Roa6 fram i-15 to a point Nest of Etiwanda Avenue by submitting a fee proposal for the same; BE YT THEREFORE RESOLVED, to award and execute a Professional Services Agreement with BPS Consulting Engineers to provide professional engineering services to prepare Plans, Specifications and Estimates for a Master Plan Storn Drain in Base Line Road and for plans and specification W provide for the widening and improving of Base Line Road from the East City Limits at the I-15 Freeway to a point Nest of Etiwanda Avenue. Such work shall be performed for a fee Not to Exceed (50,600.00 to be funded by Systems Development Fund, Account No. 22-4637-8730. A contingency fund in an amount of 10% of the contract amount shall also be established for use under the approval and direction of the City Engineer for extra work or change order during the course of the plan preparatl on. ~I CITY OF RANCHO CL`CAMONGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Walter C. Stickney, Associate Civii Engineer s_ ~,, SUBJECT: Approval to award Professional Service Agreement for design services relating to the updating of the City's Standard Plans and Development Specifications to J.F. Davidson associates, Incorporated, for the amount of 527,075.00 to be funded from Development Management Contract Services, Account Number 01-4638-6028 RECOMMENDItTION: It is recommended that the City Council award the protect for the update of the City's Standard Plans and Specifications to J.F. Davidson Associates, Incorporated, to be funded from Development Management Contract Services, Account Rumber 01-4638-6028. Background/Analysis It has become necessary to review and update the City's Standard Plans and Specifications. These standards are used in the construction of street, storm drain and other public iriprovements wf thin the City. The standards were last approved in 1981 and since that time technology, construction techniques and regulations have develope4 a need for their update. ?he protect x171 consist of reviewing the existfng standards and to incorporate necessary changes to produce a congletely new set of standard plans and specifications. Respectfu ubmitted, / ~~°.~..~_.r ~pxalTyr~; c A J q 14 .. .....................~....,...,n STAFF REPORT ~,, DATE: dune 1, 1988 T0: City Council and City Manager ~lJ i FROM: Russell H. Maguire, City Engineer ?Y: 3^el Lazo, ~r. Civil Erg ineer SUBJECT: Award the Victoria Street Rehabilitation and Drainage Project between Etiwanda Avenue and East Avenue to Bob ~ Britton, Incorporated, for the amount of E144„ 979.85, to ' be funded from Gas Tax 2107 fund - Account No. 09-4637-8701 ~~ RECOMIENDATIOM: It is recommended that the City Council accept all bids as submitted and award the contract for Victoria Street Rehabilitation and Drainage Project to the lowest responsible bidder, Bob Britton, Incorporated, for the amount of E144,979.85. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 13, 1988 for the subject project. Bob Britton, Incorporated, is the ~yy ~~~~~: 'v ~>~ ic5yvuaiv is ~iatim wi iii a it lu mIlUUOI V~ .j1 YY,y7`J.85 see attached bid summary). The Engineer's estimate was 1148,550,00. 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 f{nds all bidders to meet the requirements of the bid documents. Respe y ubmitted, RfiF: :dlw ~~ Attachment Pn rFa .._. ,,.,,.,,.., ng V O O i O u O ~ e ~ ~ v B .. i T S J 2 ~ 'Y F y H S O O U 8 n 8 J ~ » N ~- N W ~5 O F ~ P 3 M O ti i ~ m C~ N N eJ < x W T~ N K Y 1.• _ i n :: ^> w ~ e o r5 g ~ Y ott~ F WI ----- CITY OF RANCHO CCCAMONGA STAFF REPORT r- DATE: June 1, 1968 T0: City Council and City Manager II I FROM: Russell H. Maguire, City Engineer ~ 8Y; Joel Lazo, Jr. Ci.il Cray ioeer ~I SUBJECT: Award the Construction of Maintenance Facility at Red Hi l1 Community Park Project to Bopark Enterprises, Incorporated, ~~ for the amount of $139,000.00 to be funded from Capital Improvement Facilities - Account No. 01-4647-7043 '~~ i RECOMMENDATION: It is recommended that the City Council accept all bids as submitted and award the contract for Construction of Maintenance Facility at Red Hi11 Community Park Project to the lowest responsible bidder, Bopark Enterprises, Incorporated, for the amount of 5139,000. BACKGRCUN D/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 13, 1988 for the subject project. Bopark Enterprises, Incorporated, is the apparent lowest responsible bidder with a bid amount of ji~i,vw.w ~eee aiiacircd uiu summary 1. fine tngtneer's esttmate was $15,000.00. This estimate was prepared for budetary purposes, before plans for the facility existed. The estimate prepared by the actual design engineer, Meyer and Associates, came to $130,000.00. The additional funding will come from Construction Management Contract Services Fund, Account No. 01-0.641-6026 and Maintenance Payroll 01_4647- 1100. 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. Respe y fitted, f ~-'=-~ i :"R:cL~uiw- Attachment cc: Purchasing ~~ N p O O U 4 6 H N 4 2 s ° °m a ~n .. ~ r N O C 6 E s W F- W O Y ~~ N ~ m Y O V ~ N H 6 QG Q Q 2 £ q £ U pl C w H F 2 6 O p U C K p m a~ v ~o L'! O ~ H N 8 Q W LL t7 `n V W H 4 3 U 4 ~ F2 U q2 S S 6 ~ yp O 6 ~ 6 U J 7 J S ~_+ N v 2 p p W V1 U K p m J O pa ~,(. ~ / 2 0. J ~ iP:J - C[TY OF RANCHO Ci;CA~fONGA ST~•!FF REPORT DATE: June 1, 198E TD: City Council and City Manager ~ FROM: Russell H. Maguire, City Engineer o'i: Joei Lazo, Jr. Civil Engineer SUBJECT: Award the Traffic Signal and Safety Lighting at Highland I Avenue and Etiwanda Avenue Improvement Project to Hovey i Electric, Incorporated, for the amount of $93,255.00, to be funded from TUA Article 8 funds, Account No. 12-4637-8707 RECOI~N011TIOM: It is recommended that the City Council accept all bids as submitted and award the contract for Traffic Signal and Safety Lighting at Highland Avenue and Etiwanda Avenue Improvement Project to the lowest responsible bidder, Hovey Electric, Incorporated, for the amount of $93,255.00. BACKOROLM D1.4NP.LySI S Per previous Council action, bids were solicited, received and opened on May 10, 1988 for the subfett nrnlort unvov riot r+~ 1-:~-r~-,;•- tne apparent lowest responsible bidder with a bid amount of $93,255.00 (see attached bid summary). The Engineer's estimate was $101,325.00. Staff has reviewed all bids received and found them to be complete and in accordan re with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. R esp / "~ ubmitted, /~~ RH •J Attachment cc: Purchasing ~4 w s ~ ~ g a ti 3 mm ^ ti 6 n T O S F F 4Z Z G O O i V ~ N ~ Q ~ 8 Q n 1D W J~ S ~ U n H H 8 T ~ O _ W ~~ K yO N u ~ V W t Z aC U~ z M w ~ 6 W W S O Vj T B n ~ V 7 N ~ O H N C p G J T W q /1 9 S q M W V C ~ Z w ~ P + V `w 4 C W L H C _ s O N `~ N O 6 3O J ~~ - CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Joel Lazo, Jr. Civil Engineer .r, i`r SUBJECT: Award the Traffic Signal and Safety Lighting at Highland Avenue and Milliken Avenue Improvement Pro,l ect to Hovey Electric, Incorporated, for the amount of 581,332.00, to be funded from TD.0. Article 8 funds, Account No. 12-4637-8708 RECO!lIENC#TION: It is recommended that the City Council accept all bids as submitted and award the contract for Trafflc Signal and Safety Lighting at Highland avenue and MiIU ken Avenue Improvement Project to the lowest responsible bidder, Hovey Electric, Incorporated, for the amount .of 581,332.00, BACKGROUND/ANALYSIS Per previous Counci: action, bids were solicited, received and opened on may .~, i9oo rur uhe sub0ecc pro,7ecc. Hovey tiectric, lncorporatea, is the apparent lowest responsible bidder with a bid amount of 581,332.00 (see attached bid summary). The Engineer's estimate was 185,000.00. 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 kidders to meet the requirements of the bid documents. Respect u ~~ ubmitted, i ~- RHM•J Attachment cc: Purchasing s w WT ~o ~~ C~ (~'J w O ~ O N W u ~ M o o a x o r °` ~ G ~ . W ~ N ~ ~ $ ~ m ~ N ~ OI .~ ti T z f ° F S u o u i m ~ .- r w ~ 8 S po ^ G W 8 IW~1 u' F T~ r W Q 2 ~ O W y N ZN Y ~ W _ W N W 1J i p O t7 N O x V ~ j 4a~ J ``` it LLm O ~ ~~~ F ---- CITY Ok' RANCHO CUCAMONGA STAFF REPORT GATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer nY; "uave BieY ins, MalntencoaG2 Superintende;t ~~ SUBJECT: Approval to award the 5 Year Lease Purchase of a 2,000 Gallon Water Truck to Dieterich International of Pomona, ~ California, for the amount of E54,834. 00 to be funded from ~, Capital Expenditure - Account No. 01-4647-1045 RECOMIENd1TI0N: tt is recommended that the city Council award the 5 Year Lease Purchase of a 2,000 Gallon Water Truck to Dieterich International of Pomona, Califoria, for the amount of f54,834.00 Background/Analysis On May 13, 1988 at 2:00 P.M. a Sealed Bid Proposal for the purchase of a 2,000 gallon water truck, as provided for in the 1987-88 program of service, was suomicceo oy uiecer xn incernaciunai ui iunmia. niLiiuuyii the Notice Inviting Bids was advertised in accordance with all legal requirements Dieterich was the only bidder to submit a proposal. The coal hid price was in the amount of 254,835.00. Staff had previously researched current market prices for such equipment and feel that the hid prise is reasonable. to addition, past dealings pith Dieterich have been very satisfactory. Respectfully submitted, / ~"_-~-' R4M. lw cc: Nurchasing ~" - CITY OF RANCHO CI;CAMONGA DATE; June 1, 19a6 STAFF 1$EPORT T0: Mayor, Members of the City Council and City Ma na9er ~~' FROM: Jim Hart, Administrative Services Director BY: Joan A, Kruse, Administrative Analyst SUBJECT: LEASE/PURCHASE AGREEMENT - CITY EQUIPM FHT I Recommendation: It is recommended that the City Council approve the attached Resolution authorizing the lease purchase of various equipment through First Interstate Credit Alliance, Inc. Background and Analysis: Over the past several months, the City has awarded bids for the following equipment: One (1) 35,000 GVWR Cab and Chassis truck (1988-In to rna tional 51954) with SH-55 Hi-Ranger personnel platform $93,982,78 One (1) 35,000 GVWR Cab and Chassis Truck (1988-International St 954) with National N55-H21 articulating crane and brush body $83,085,93 One (1) John Deere 544E Wheel Loader with quick Coupler sys[ein $13 ,42G.90 One (1) Conventional Cab-Chassis Truck with mounted 2000 gallon water tank and vale inq E54 ,A74 q7 Some of the equipment has already been delivered with the remainder expected to be del ive=red in August 1988. Because the City desires to purchase the equipment, which is budgeted over five years, at the most equ i?able rate a request for proposal was sent out and First Interstate Credit and Alliance, Inc. responded with the most faun rahle interest rate of 7.46 percent. Fallowing Council action, the City will enter into an agreement with First Interstate Credit and Alliance, Inc. for the lease /pu rthase of equipment totaling $305,324,58 with one annual payment each year for a period of five years commencing in August. First Interstate will advance payment to those vendors from which equipment has already been received. 'de will be happy to answer any questions re as rd ina this. Re sp ctfully su fitted, im art Administrative Services Director Attach. PERSONAL PROPEPTY LEASE THIS PERSONAL PROPERTY LEASE ("Leue") 1s msde sad entered Into. as of this daq of 19 by •nd between gIRST ]MEFSTATE CREDIT ALLIANCE. IDC. asp ("for") •nd Citv of Rancho Cucannn?a ~ , •s ("Lea see"). wITNESSeItf: For •nd in conalderatlon of the mutusl eovenenta herelnetter set forth, the parties hereto ^gree a follows: I. LEASE. Lessor hereby leaaea to Lessee, •nd Lessee hereby leaaea and hires from Leaaor, all property (heeelnafter referred to as "Property") deacrlbed In the schedule or schedules (herelnetter referred to collectively a "Schedule") executed by the parties concurrently herewith or hereafter and made • pert hereof. Z. TERM. The term of this Leaae respecting each Item of Property eomnences and terminates •s of the dates dealsnated fn the respective Schedule. 7. itINf. The rent for any •nd every Item of Property deacrlbed In the Schedule shell be the amount deslaneted In rAe 5cneau~e. Lessee anal) pay Leaaor said rent in the amounts •nd ^t the times set forth in the Schedule, •t the office of Leaaor or to ouch other person or at such other place •a Lessor may tram time to time designate !n writing. Whenever Leaeee rsquesta Lessor !o reader final psyment to a supplier In •dvance of the commencement date of tde Leaae or when Lessee requests Leaaor to order Property requiring partial or progre a payments, •e!d payments shall De aubJect to • dally tee defined as Interim Interest •nd equal to • rate of ev nt fort six percent ( 7.46 1b) per annum calculated upon t e amount o •II such progress, parelai, or •dvance payments tram the date of disbursement thereof by Leaaor. Such additional Interim laterest shall De due monthly !n arrears tram the date Lessor disburses acid ammune ap to Ehe date the lease ct>;masncas. if the Schedule is bot executed on or before the o:piratlon date of the commitment Dy the Lessor, the Leaaea ^grees, aeon demand Dy ebe Leaaor, to reimburse the Lessor the amount of all •dvance, partial, or progress payments made Dy Lessor together with • tee thereon •t the rate of seven point forty six percent ( 7.46 16) Qer annum tram the data of disbursement of each such Dayment until the amount thereof Is paid In full to Lessor. 4. PLFtC}lASE OPTION, Lessee shall have en option to purchase not leas then ^11 of the equipment, provided 1t Is not In detault~hereunder, •t uytlax during the Jesse term for the present value of the nnpald rentals discounted et ^ rate of fivs_mint~orty stx percent (5,r~%) a of the purchase option dste, he ule shall be without recourse •nd on •n "es Is" 'where 1s" bssU. Upon receipt of Lessee's purchue price, Lessor will provide Lessee • B11! of Sale teansfering title to the Lessee tree of any Ifsns or eocumbranees. Subsequent to paysecnt of the flnsl rent, Le nee may 'squire the use[ ^t anytime for 11.00. The stated purchase options are exclusive of any applicable a lee taz. S. USE, Lesoee shall ass the Property !n • careful and proper manner and shell comply with and conform to •11 national, 'sate, amnfclpal, police, red other laws, ordlaaaces, ud reguletlons In anywise relating to the possession, use, or mefntenence of the Property. If, ^t any tfine during the term hereof, Lessor supplies Lessee wl[h labels, plates, or other markings stating that the Property is owned by Le nor, Le n ee shell •ftlx and keep the same upon a prominent place on the Property. 6. AOCEPTANCE. Lessee shall acknowledg6e receipt end Inspectf on of the Property Dy executing • Certitlcete of Accepunce. 7. LESSOR'S tNSPECfION. Lessor shall •t any sod •II times during hvelvess henre have the right to eater Sato ^nd upon the premises where the Property may be located for the purpose of Inspecting the same or observing Its ue. Le nor shall notify Lessee ^t leas one 111 worklna day o d or to anv inapectlon. Lessee shall give Lessor Imnedlate non ce of any attachment or other Judicial protest affecting ^ny Item of Property end shall, whenever requested by Lessor, advise Lessor of the exec[ location of the Property. 8. PROPERTY SELECTION AND ORDERING. Lessee has selected the tgpe, quantity, and suppliers of the Property leased hereunder. Lesoee shall ensure thst •If Property Is properly Invoiced to Lusor. LESSOR SHALL NDT BE LIABLE FOR, NCR SHALL THE VALIDITY OF THI5 LEASE BE AFFECI'E4 BY, ANY DELAY IN OR FAILLRE OF DELIVERY OF' SAID QiDERID PROPERTY. Leuor shall not De responsible to Inspect the Property. If the Property is not properly Installed, does not operate as represented or warranted by any supplier, or i• unsatlsfaetory for any reason, Lessee shall rt!ake .ey slalm 4e l4Sennt thereoS solely ngalnat said supplier. LESSEE Fff7tE9Y ASSUvES THE RISKS, BURDENS, AND OBLIGATIONS TD ANY SUPPLlE7t ON AOOOINf OF NONAOCEPTANCE OF THE PROPERTY AFD/CR CANCELLATION OF THE LEASE AND UPON THE OOCaJRRENCE OF SUCH EVENT, LESSOR WILL ASSIGN, WITHCAJT RECX)IRSE OR WARRANTY, ITS RICifTS AND TITLE OF SAID PLRC}IASE ORDER APD ANY INVOICE TO LESSEE. 9-g0~ {7/g7) Z ~I 9. DISCLAIMER OF WARRAPTIY.' LESSOR, NDT BEING THE M4NUFACIURER OR SUPPLIER OF ANY OF THE PROPERTY NOR A DEALER IN SIMILAR PROPERTY, HA.S NOT MODE AND DOES NOT hMKE ANY REPRESENTATION, WARRANTY, OR OOVENANf, EXPRESS OR IMPLIID, WITH RESPECT 70 THE DESIGN, DURABILITY, FITNESS FOR USE, SUITABILITY, OR NERCFWIIABILITY OF THE PROPERTY IN ANY RESPECT, APD AS BEIWEIN LESSOR AND LESSEE, ALL PROPERTY SHALL BE ACCEPTFD AND LEASED BY LESSEE "Nf~RE IS", •AS IS", AAD "WITH ALL FAULTS", AND LESSOR SHALL NDT BE RESPONSIBLE Fat ANY PAT17Tf OR LATENT DEFECTS THEREIN. LESSEE AQtEES TO SETTLE DIRECTLY SUCH CLAIMS WITH THE SUPPLIERS AND WILL IVDT ASSERT ANY SUCH CLAIMS AGAINST LESSOR. 10. ALTERATIONS. Without the prior wrltteo cooaent of Lesaor, Lessee shall not make •ny maJar ^Iteretfons, •ddltlona, or Improvements to the Property. All ^ddltlona •nd Improvements of whatsoever kind or aature made to the Property shall belong to and become the property of Lesaor upon the expiration or eerll~er termination of this Lease. Lessor will not unreesonsDly withhold permission for the Lessee to attach to the Property other Items that may De purchased or rented from others or for the Lessee to alter the Property •s long •• Lessee agrees to return the Property to Its orl glnel contlguratlon If the Lessee returns the Property to the Lessor •t the expiration of the Lease term. !I. REPAIRS. Lessee, at Its own cost and expense, shell keep the Property !n good repair, condition, ^nd worklpg order and shell fnrnlah any and •II parts, mechanfrms, end devices required to keep the Property Ip good mechanical and working order, Leasee'• obligations under this provision do not relieve the contractor/supplier of the responslblllty to fully perform with respect ro ^I1 appllcaDle warranties and Guarantees. I2. LOSS AND d1kNK'E. Lettee hereby assumes end shell beer the entire risk of loss and damage to the Property from any and every cease whatsoever. No loss or damage to the Property or any part thereof shell Impair any obligation of Lessee under this Leese which shell continue In toll force and effect. 13. INSURANCE. Lessee shell keep the Property losured against •11 risks of lots or damage from every Cease whatsoever for not less than the full replacement slue thereof as determined by Lesaor, and Lessee shall carry public IlaDtllty and property damage Insurance covering the Property. Alt said Insurance shall be !n form and amount and wf t6 eompanlea approved by Lessor, and shell be In the Jelat nynee of Lesaor _-~ . ...~ ..e::ee. lessee shell pay the premitvas therefor and deliver sold policies or dupllca[es thereof to Lessor. Each insurer sball agree, by andoraememt upon the policy or policies Issued by It or by Independent Instrument furnished to Lessor, that It will glue Lessor thirty (30) days' wrltteo notice before the policy In question shall be altered or canceled. The proceeds of such Insurance, at the option of Lessor, shall be applied (a) toward the replacement, restoration, or repair of the 0-90d (7/61) 3 r//1 Property, or (b) toward payment of the obiigetfons of Leasee hereunder. Leasee hereby ^ppofnts Lessor •s Lessee's attorney- !n-tact to make claim tor, receive psyment of, and execute end endorse all doeumeots, checks, or drafts for loss or damage under any sold insurance policy. Upon approval by Lessor, Lessee's program(s) of •elf-Insnnnee shall nelafy the foregolog requlremeots. 1~. TA7~S. Lessee shell keep the Property free •nd elesr of •11 levies, itens, •od encmnbrances and shall pay ^11 ilceose fees, reglatrstion fees usesrments, charges •ad taxes (municipal, state, and federaij which msy now or hereafter be Imposed upon the ownership, leu9ng, renting, seta, pouen ion, or nse of the Pro~erty, exclnding, however, ail taxes on or measured by Len or s income. 15. LESSQt'S PAYbfNf. In case of (allure of Lessee to procure or mslntaln sold Insurance or to pay sold tees, sesessments, charges, •nd taxes ail as herelnbefore specified,' Lessor shell have the right, but shall not De obligated, to effect such Insurance or psy said fees, •asenments, chsrges, end taxes es the case msy be. In that event, the coat thereof shell be repayable to Lessor with the next installment of rent, and fsllure to repay the same shell carry with !t the same conequence, Ineludiog Interest •t the same me Indicated In Section 8, as falinre [o pay say lnstalimeet of rant. I8. It.DtM41TY. To the extent the law allows, Lessee, shall Indemnity Leaver •gefnst and hold Lessor harmless from any end nil claims. •Ctlons. snits. OrOCEedlnxa. COata. OxDenaea, damages, and ilebllltles, Inclading attorneys' tees, arlU ng out of, connected with, or resulting from the Property, including without Ifmltsefon, the selection, possession, use, ope ntlon, or return of the Property. l7. DEf'AULT. If Lessee does oot pay any mmuni due or to become due under the Lease or defaults In the pertormsnce of any of the terms and conditions hereol, •11 of Lessees rights ~ hereunder ^re terminated •nd Lessor sball became entltted to possession of the Property •od to retain sit rentals. Any yut due payment of rent ^hall beer interest at Rhe acme rate Indicated to Section 7. 18. LESSEE ODVf•IJAFTf. Lessee will take no aetlao that could zaaae the Inta:est r:crtlon at the Rental Payments to become sublets to federal tncome taxation, •od will take or en se Its officers, amployee• and ^genes to take, •tl action lawfully wlthla Its Dowers necessary to cause the Interest portion of the Rental Payments to remsla exempt from federal Income taxation. 9-BOg (7/87) d ~ 3 S9. OONCLRRk7ST RtT~FD1E5. No right or remedy Aereln conferred upon or reserved to Leaaor fa exclusive of any other e1gAt or remedy herein or by law or equity provided or permitted, but each shell De cumuiaclve of evnry other rigA[ or remedy given hereunder or oow or hereafter existing •t law or In aquicy or by statues or otherwise, and may be enforced concurrently therewith or from alma to time. 20. LESSOR'S EXPI]JSES. Leaaee •Aall reimburse Lauer for reasonable costs Incurred by Lessor 1n e:erclsing any of Its rights er remedle• hereunder or enforcing any of the terms, conditions, or provfalons hereof. in the event of Iftlgatlon, the prevailing party shall De entitled to recover all reasonable costa and expenses, Including •teoraeys' tees, as detarmined by court order or mutual agreement. 21. ASSIOPht7~Tf. Without the prior written consent of Leaaor, Lessee shall not (a) ustgn, transfer, pledge or hypothecate ¢h1s Lease, the Property, or any pare thereof, or any interest cherelo, or (b) sublet or lend the Property or any part thereof, or permit the Property or any pert thereof to be used by anyone other than Lessee or Lessee's anployeea. Consent to any of tAe foregoing prohibited acts applies only In the given 1 m ranee and !• not • consent to any subsequent Ilke act Dy Leaaee or any other person. SubJect •Iway• to the foregoing, chin Lease laurea to the beneitt of, and is binding upon, the heirs, legatees, personal representatlven, suecaasors, and ^ ulgns of the parties hereto. R2. ONiJt72SHIP. The Property is ^nd shall •t all times be end remain the sole and exclusive property of Leaaor, and the Leaaee shell Aave no right, title, or Interest therein or thereto a:cape •s expressly set forth !n tAls Lease. 23. PLRSONAL PROPERTY. The Property U and shall •t •11 times be and remsln personal property aotwlthstanding chat the Property or any part thereof may now be or hereafter become In any manner affixed or •ttacAed to or Embedded In, or permanently resting upon, real property or any building [hereon, or attached In any manner to what U permanent by meant of eemeot, planter, nails, bolts, screws, or otherwise. 24. INTEREST. Should Lassee fall to pay any part of tAe rEfli Terein rwawryeA nr env etAwr anm (equirwA i,y i.aa.n ,e Ae palE to Lessor wltAln ten 110) day after the due data thereof, Lessee shall pay unto the La nor laterast on such delinquent payment from the e:plratlon of •afd ten (10) days until paid •t the same rate indicated la Ssctlon 9. /~ 9-904 17/!7) 25. PION-WAIVFIt. No covensnt or condltlon of this Leese can De wefved except by the written consent of Lessor. Forbearance or Indulgence 6y Lessor !n any regard who uoever shall not constitute • wslver of the covenen[ ar condltlon to be performed Dy Lessee to which the acme may apply, and, until complete performance Dy Lessee of sold covener.~ or condltlon, Lessor sA•II De eeticled to lovoke soy remedy ^vallable to Leswr under thfs. Lease or by law or In equity despite said forbeareace or Indutgence. 26. FMLY TQdd1NATI0N. Upon written aotlce to Lessor oot later Chan thirty (90) day• prior to the snd of •ny t;seai yea: of Lessee, Lessee may terminate the Lease or •ny Schedule ra of the end of that fiscal year Dosed solely upon the Lsssee's determina[fon shat I[ will oot, after exerelslag a reasonable effort to do so, •pproprlate funds for the suDsequea[ years' lease payments. Upoa termination Defore the full [erm of the Lesae, Lessee, ^t Its expense, shall redeliver the Property to the Leaaor •t • location deslgna[ed by Lessor within the acme county •s the premises where the Property may be located In as good • condltlon •a when recafved, normal wear •nd tear excepted. If Lessee terminates the Lease under this parsgrsph, Lenor may retain all amounts previously paid by Lessee •nd may collect and retain any amounts due and unpaid on due data o[ auc6 termination a delineated In the Schedule. If the foregoing provlsloo !s atlllxed, Lessee agrees sot to pnrehese or lease property perfarming tnnetlons •tmllar to those performed Dy the Property and agrees not to permit functions similar to those performed through the sae of the Property to be performod by Its own employees or Dy any agency or entity ettlilated with or hired Dy Lessee for • period of IBU days. 27, kTIfIRE AO2EF7~7Qt. This Instrument and the related Schedule constitute the entire ^greement between Lessor snd Lessee, and ft shall not De amended, uttered, or changed excep[ by written agreement signed Dy the parties hereto. 26. NOTICES. Serrlee of •II aotlce• noder this Lease shall 6e sutflclent it given personally or mulled to the party Involved et It• reapeetive addren herelasttsr sec forth or at ouch address a such party may provide !n writing tram time to time. My such aotlce mulled to auc6 •ddreu •ball be efteeclve when dnposited fa the Unlttd States Ma U, duly •ddreesed and zlsh poasege prepe!d. 29. TITLES. The tltla• to ehe paragraphs of tbls Lease ue solely for th• convenience of the partlea and are sot an old to the Interpretation of eh U instrument. 90. TIhBi. Time Is of the essence in this Lesae and each and •11 of ! n provLSlona. 9-fi04 )7/87) 8 ~~ ~1. LEASE INfERPREUTION. Thls Lease •nd the rlshta of the yartles hereunder ^hell be determined In accordance with the laws of the State of Gllforole. IN WITNESS W~REOF, the yertiea hereto 6eve e:ecvted this Lesae a of tke day •nd year first kerefvebove wrlttea. F1RST INSERSTATE Q2®IT AiI TaN':F', ~ 245 S. Lcs Ro61es Avenue Pasadena, CA 91109 d dress BX Tltle B-Y01 (9/s7) CITY OF RAN(]10 Q1CAlAIV<yl 9320 Baseline Rancho Qi a G 91730 rasa sy Tltie ~~ ESSENTIAL USE CERTIFICATE With regard to the Personal Property Lease Agreement dated ea of 19_, by and between Cit of Rancho W a ("Lessee") and Flrat Interatete redlt Alliance, Inc., ("Lessor") (the "Lease"), Lessee hereby certifies that the Equipment referenced io Schedule of the lease shalt be used for the following purpose: One (I) 35,000 GVVfR Cab end Chassls Truck (1988 - Internatlonal 51954) with SH-55 HI-Ran gar personnel plat- form. One (ll 35,000 GVNft Cab end Chassls Truck (1988 - Internetlonal 51954) with National N55-H21 artlculeting crane end brush body. One (() John Deere 544E Wheel Loader with quick coupler system. One (1) Wa[er Truck. The underafgned hereby represents that the use of the Equipment la nsenntlel to Its proper, efficient, end ~ economic operation, and shall be located In the Stnte of California City of Rancho G1tc~mot8ta I.N"fPP BY _ Title Date ~~ DELIVERY/INSTALLATION CERTIFICATE, WAIVER AND AGREEMENT Leaaee'a addroa .................................................................................................. . 19........ Mo.) (Slree[) (City) (Slate) IAte) To: FIRST INTERSTATE CREDIT ALLIANCE, RdC. Re: LEASE NO .:................................... DATED ............................. 79............... I. We hereby .ctmrle~< a asM uth/ecrory delivery ud iopaWtbn on rh'n date M 1M pruPenl dekritd u dm ahore•re/er enaed kue, rrtkh w ulecrcdfram the wpplb relercaced Eelow. Wa uMemmd rhal Mud upon Ne reprnenuriom made 0y w henit ~r ere about to py tM wpplier for aid property. 3. W e undmmW ~Mr m urvkma of aay kind d the propcny Y provided q you. We mdeuuM thn w ase ro but ro tM wpplier la my claims, unkind. a wawnties. it anY• and we speeilkall. aM uncoMiiionatly wive an damn, prasrnl a Imurc. y.irm yyoooo. We fnly raoAnia your right ro castors tM kau Ira from any dderiua, ollaeu, m coumaclaimv Yve lolly nMerssaM 1Mt Yrt a lailurt of r9uip ment. urvrce. m miwnernion of en. tiM rh.re..yr r rv~ !we !^e rt^kln!f:!!aea: ^_! c.: ch!ys:brs u:,~: ;Ar :case--. J. We uMentand tMr you make no wmmin of memWntihilily or W any aloe Lind. aprca m imWkd. a awmary, nM that any rasnmka made by the aupplkr to you see mignd ro as. a. W e tlw mMenurM rhm. deapiw rM d'netaimen herein. w m net praluded from rnlowiry arty ckim we m.y Ma galrm IM wp piM arM tMt you hav<iw conadion wMlear with rM mpplkr ether rhm iAe nlnionrhiP d purchuer. 5. We further actimwledge. in tramoetimn when pro arc not the origind lessor named in rM aMn relauecd Mee, naYcu al IM inrm tbn of such kvor w uli acid kasu io you aM to indae you w purchase ume. w ragraem arM ramnt to yw tMt vid lease Y Ime rrae any delrnw. ollua m caumerclaima an0 w wiveany cYim a dfaud o Yamu yore utl reagnve your ryM a mlorce Ne kam recardip io iu wane free of any delevas, olfuu m counrewAima. IDs am rlau hk form tl 9aIM~ Y MMvxNI fear: •Witreued q: By: Supplkr: .. .,. officer m omur/prnar INor lilkl Yto M witnmud by the rcprcunuria d rM wpplim Oclivering m inutllinp tM proprnyl FICA L3L -_. , 1 / V RESOLUTION N0. O O -~ ~ SS A RESOLUTION 6F THE LITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE LEASE PURCHASE OF VARIOUS EQUIPMENT THROUGH FIRST INTERSTATE CREDIT AND ALLI ANLE, INC. WHEREAS, the City of Rancho Cucamonga had determined that a true and very real need exists for the acquisition of the equipment described in the Personal Property Lease and all Schedules thereto by and between First in le rsta to Cred ii Ai iia nce, inc., as Lessor, and City of "Honcho Cucamonga, as Lessee, presented Lo this meeting, and Lhat Lhe use of Lhe equipment is essential to its proper, efficient and economic operation; and WHEREAS, the L4 ty Council of the City of Rancho Cucamonga has taken the necessary steps, including any legal bidding requirements, under applicable law to arrange for the acquisition of such equipment under the Personal Property Lease. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga that the terms of said Personal Property Lease are in the best interests of Lessee and the City Council of the City of Rancho Cucamonga designates and confirms the following persons to execute and deliver, and to witness or attest the Personal Property Lease and any related documents necessary to the consummation of the transactions contemplated 6y the Personal Property Lease. Lauren M. Wasserman, City Manager and/or Jim Hart, Director of Administrative Services UL ;I hURIHtH HtSULVLU, that Lhe Lessee i5 authorized and directed to fulfill all obligations under the terms of the Personal Property Lease. ADOPTED AND APPROVED this lst day of June, 1988. i, Beverly A, Au Lhelet, City Cierk, of the City of Rancho Cucamonga, do certify that the foregoing Resolution was introduced at the regular meeting of the City Council of the City of Ranc hn Cucamonga, held on the 1st day of June, 1988 and was adopted as said meeting by the following vote: AYES; COUNC[LMEMBERS: NDES: COUNCILMEMBERS: ABSTAINED; COUNCILMEMBERS; ABSENT: COUNCILMEMBERS: ~~ I ~ 1 EK HIBIT A One (1) 35,000 GUWR Cab and Chassis Truck (1968 International 51954) with 5N-55 Hi-Ranger personnel platform One (1) 35,000 GVWR Cab and Chassis Truck (1988 International 51954) with National N55-H21 articu latinq crane and brush bony One (1) John Deere 544E Wheel Loader with quick coupler system One (i) Conventional Cab-Chassis Truck with mounted 2000 gallon water tank and valy ing 8a CITY OF RANCHO CCCAil10NGA STAFF REPORT ~- DATE: June 1, 1988 J T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer i BY: JOeI Lat0, Jr. 1.1V11 Engineer SUBJECT: Award the Slurry Seal Program, Phase II Improvement Project to Pavement Coatings Company for the amount of 566,384.66, i to be funded from SB 300 Funds - gccount No. 15-4637-8050 I RECOMMEifDATION: It is recoimnended that the City Council accept all bids as submitted and award the contract for Slurry Seal Program, Phase II Improvement Project to the Lowest responsible bidder, Pavement Coatings Company for the amount of 566,384.66. BACKGP.OUND/ANALYSIS Per orevious Council action, bids were solicited, received and opened on May 20, 1988, for the subject project. pavement Coatings Company is the apparent lowest responsible bidder with a bid amount of 66,384,66 (see attached bid summary). The Engineer's estimate was 568,500. Staff has rov~ewea all olds received and found them to be carplete 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. Resp ~ 3 mitted, / ~~ ~ RHM: l:dlw Attachment tc: Purchasing g e e LL O U O p ~ ~ G 2 n Z H [ O 1` <J s .. W C 1- F 2 O C U ~ p W ~ 0 I J' W ~ ~ o p C W q N i ~ S e N n U O Z 6 G W 6 K S 1 ~ N p W lJ ~ VI ~ ~r mm N ai N b N m < q f.A M N V g Y 6 ~ x N Y p O U I ~ V STAFF REPORT V~ DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer GY: Joei Lato, Jr. Civii engineer SUBJECT: Award the Lion Street between the Atchison, Topeka and Santa Fe Railroad and 9th Street, to JEG Construction for the amount of 551,747.10, to be funded from Capital Reserve Funds,- Account No. 72-4285-6028 RECOMMENMTION: It is recommended that the City Council accept all bids as submitted and award the contract for Lion Street between the ,4tchison, Topeka and Santa Fe Railroad and 9th Street to the lowest responsible bidder, JEG Construction fur the amount of 551,747.10. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 18, 1988 for the subject project. JEG Construction is the apparent lowest responsible bidder with a bid amount of 551,747.10 (see attached big summary). The Engineer's estimate was S4C,000. 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 bfdders to meet the requirements of the bid documents. Respec y b )tted, t RHMtJL~~ Attachment cc: Purchasing B3 O W S a~i p~ ~ $ ~ ~ a 3 0 0 P ti O HJ y~ t F i ZV C V > 5 V N W a s b+~ +N N ffi e m n r C~ W Cl yW~ 8 F {^p U A V r r f iN W O ~ r J m O yp m V r~ g ~ ~I p D~ -- --- CITY' OF R.1:vCH0 CUCAMONGA STAFF REPORT l DATE: June 1, 1988 _~ T0: City Council and City Manager ~' FROM: Russell H. Maguire, City Engineer BY: Joel Lazo, Jr. Civil Engineer SUBJECT: Rward the Hillside Road Storm Drain and Street Improvement ~~ Project from Malachite Avenue to Archibald Avenue to Laird Construction, for the amount of 5432,360.80 to be funded from System Development Fund - Account No. 22-4637-8748 and New City Wide Drainage Account RECOMMENp1TI0N: It is recommended that the City Council accept all bids as submitted and award the contract for Hillside Road Storm Drain and Street Improvement to the lowest responsible bidder, Laird Construction far the amount of $432,360,60 EACkOROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on Mav 20. 1988 for the sub.iect protect. Laird Construction is the apparent lowest responsible bidder with a bid amount of 5432,360 (see attached bid summary). The Engineer's estimate was 5383,000. 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. Because this project includes streets, local storm drains and master plan storm drains and hecause the Systans Account does rwt contain sufficient funds for the master plan storm drain portion, the project will he funded from both Systems Funds and New City Wide Drainage Account. 5308,934 (the portion for streets and local storm drains plus l0E contingency) w111 be funded from Systems Funds and $166,664 (the portion for master plan storm drains plus 10X contingency) for master plan storm drains will be funded from New City Wide Drainage Account pcc a ff i el)mi L4cA M1~ -V Y ~RHM~dI AttachvnenL cc: Purchasing g~ O W O O O N S <Z LL6 O N T 2 8~ O m i N W N [J YyB 4 ~p d N S 0 E °m w Su E Y s o m S a a` o G s v L A 1R ~ ~ QY ~ 6 8 M i N O a a TI V~ ----- CITY OF RANCHO CCCAMONGA STAFF REPORT ^~ GATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 9Y: Jocl Ld2v, Ji. Civii Engineer SUBJECT: Award the Et iwanda Storm Drain System Line 2-1, Phase I Improvement Pro3ect located west of I-15, north of Victoria Street from the Victoria Basin to north of Highland Avenue and future Route 30 Freeway to Albert W, Davies, '~ Incorporated, for the amount of 5597,330,00 to be funded li with Drainage Fund Account No. 19-4637-8194 I RECOMIENMTION: It is recommended that the City Council accept all bids as submitted and award the contract for Et iwanda Storm Orain System line 2-1, Phase I Improvement Protect to the lowest responsible bidder, Albert N. Oavies, Incorporated, far the amount of 5597,330,00, BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on nay ~~, iyds rar me suo3 ect pro3ect. nlDert N. Davies, Incorporated, is the apparent lowest responsible bidder with a bid amount of 4597,330.00 (see attached bid summary). The Engineer's estimate was 4592,631. 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 requirerents of the bid documents. Respec Jy b fitted, f /c/ ~_ R :JL:dI '~ Attachment cc: Purchasing b~ o ~: R w o z a. a g ~ ~ '< t o °~w~ o u x 3 0 0 3 O C O g e n N $~ Tf{ U 3 f` H WN S V H mm M ~ q 6 O N 2 m N p '< e K a M .- e ~ w ~ v `m u ~ a~ ~ e~ ~ ~~ ---- CITY OF RANCHO CL'CAMONGA STAFF REPORT ' „~ .- DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer i BY: Joel Lazo, Jr. Civil Engineer SUBJECT: Award the Archibald Avenue Sidewalks, Phase II Improvement Project from Foothill Boulevard to 6th Street, to B-1 Enterprise Corporation for the amount of E37,650.50 to be funded from 585 325/TDA Article 3 Funds - Account No. 12- 4637-8605 RECOMAEIIOATION: it is recommended that the City Council accept all bids as submitted and award the contract for Archibald Avenue Sidewalks, Phase II Improvement Project to the lowest responsible bidder, B-1 Enterprise Corporation for the amount of f31,650.50. BACkOROLW O/ANALYSIS Per previous Council action, bids were solicited, received and opened on Mav 20. 1988 for the sub sect oro tect. B-1 Enterorf se Coroorati on 15 the apparent lowest responsible bidder with a bid amount of 537,650.50 (see attached bid summary). The Engineer's estimate was 543,847. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has compieted the required background investigation and finds all bidders to meet the requirements of the bid documents. Respect submitted, RNM L:dlw ~ Attachment cc: Purchasing ~~ O N T (J ~ N O 6 W LLC d N O Y Y p1' N Y N Z q Y g N m qT 2 y O 1- s F5- O tF 2 a O Y ~ t ¢~ 0 F Y l V N W N W 3 N a y~ 6 O V N O W b .y m N L R~ 8 s W r u a~ S s P N S N 8 O 1pP~1 N M e e ~ ~ q c~ CITY OF RANCHO C1;CAMONGA STAFF REPORT Date: June 1, 1988 ~~,,~~-~ ~^ii J To: City Council and City Manager From: Russell H. Maguire, City Engineer i~ By: Paul A. Rougeau, Traffic Engineer ~~ Sub,iect: Approval to award a contract for consultant services to BSI ', Consultants, Incorporated, in the amount of 573,120.00 for ', production of a City-Wide Traffic Control Device Inventory. '~ RECOMEMDATION• It is recommended that a contract for consultant services for the production of a City-MT de Traffic Control Device Inventory be awarded to BSI Consultants, Incorporated, 7n the amount of f73,120.00 to be funded from Gas Tax 2107 Funds. BACK61iDUMD/ANALYSIS: The Capital Improvement Program for 1987-88, as amended at mid-year, includes the preparation of an inventory of certain traffic control devices throughout the Cfty. This inventory will determine the number, condition and location of all traffic control devices in the City. The devices include but are not limited to are signs. stripes. legends and curb markings. A caoputer system (hardware and software) wilt also be provided to keep a dynamic system whereby devices can be monitored, serviced, replaced or removed according to time passed and current condition. The knowledge and controi gained will help tc reduce future risk and liability caused by substandard, damaged or missing traffic control devices. Proposals were requested from four consul tiny firms. Three firms submitted proposals individually and a fourth submitted a proposal as a Joint venture. The proposals were carefully and thoroughly reviewed for quality and completeness and placed 1n the following order: BSI Consultants, Inc. Austin-Foust Associates, Inc. Farmer-Meaport 11111dan Associates BSI adequately addressed all issues and requirements presented 1n the CTty's Request for Proposal showing excellent knowledge and grasp of the protect. BSI also comaented on and will provide a computerized maintenance and management system that will automate the production of reports, listing, work orders and other management tools. Although not ~' CCSR Re: Consultant Services for City-Hide Traffic Control Device Inventory June 1., 1988 Page 2 required, BSI proposed early delivery of the computer system so that City staff could become familiar with it BSI proposed to provide espies of the City's aerial photographs showing on individual sheets, a City-wide denotatTOn of all devices as well as potential problems such as exposed culverts and deterTOrated shoulders and pavement edges. Austin-Foust Associates addressed most items presented in the Request for Proposal and proposed to videolog the existing arterial systems. Austin- Foust Associates proposed to utilize a portion of the City's aerial photographs to produce readable drawing files. These drawing files would be used to provtde striping plans City-wide at extra cast. Austin-Foust Associates would also provtde 100 stale copies of the aerial photographs of those arterials with four or more lanes, i.e., only the City's largest streets. Farmer-Newport also addressed most items listed Tn the Request for Proposal and emphasized their proposed use of the Ptck operating system. This information-oriented operating system would allow easy upgrading of the Traffic Control Device Inventory and tncluslon of a Dar code system offered by Farmer-Newport as an option. The Traffit Control Device Inventory would include output farms for maintenance scheduling and review and spec Tai forms ror use wirn iegai incerrogawries ana one like. Fanaer-Newport does not provide professional liability (errors and omissions? insurance in addition to their normal comprehensive ltabtlity insurance. They cite legal advice that this coverage is both redundant and unnecessary. Willdan Associates seemed to address most Request for Proposal items but did not delve deeply into the tasks or methodology that they proposed to use. Willdan Associates proposed a videolog of ma,)or City streets for most of the data collection. No mention of the data collection techniques planned for the other City streets was made. It seemed that the proposal preparation was rushed and, when compared with the other proposals, that certain tasks such as data collection and clerical heip (typing of the final report) were grossly underestimated. The fee esiima ies of the top Three firms ;i3,i20, >08,900 and i73,%OD respectively, were compared and found to be within 6Z of each other. With fees that close, all comparison was based on the qualifications, methodology and schedule presented by each firm. The last or least rated proposal by W111dan Associates also had the lowest fee. This fee of ~~ CCSR Re: Consultant Services for City-Wide Traffic Control Device Inventory June 1, 1988 Page 3 f47,680 was lower than the next lowest by almost 46%. That difference, couoled with the low rating explained above; virtually eliainated Willdaa Associates from consideration. WTth the above in mind and the fact that staff has personal confidence in their ability and desire to complete the pro,~ect 1n a professional manner, BSI Consultants, IrH:orPOrated of Santa Ana, Caltfornta is hereby recommended to receive the award. Respectfuil bmitted, r %'L :PAR:JTH: 13 -- r_ITY OF RANCHO CL'CAHONGA STAFF REPORT DATE: June 1, 1988 ~J T0: City Council and City Manager +w FROM: Russell H. Maguire, City Engineer DY: ~iChaei D, LJdg, ir. "rubiiC iiJPk6 in5p eitOP I SUBJECT: Rejection of all bids for the Sapphire Trail Landscaping ~~ and Reconstruction, located South of Banyan Street as non- I responsive to the needs of the City RECOIMENOATION: It is recommended that the City Council reject all bids for Sapphire Trail Landscaping and Reconstruction, as being non-responsive to the needs of the City and authorize the readvertising of the "Notice Inviting Bids". BACKGROUND/ANALYSIS Per orevious Council action, bids were solf cited, received and ooened on May ~19, 1986 for the subtect protect. Lou Hale Construction, Incorporated, was Che apparent lowest bidder with a bid mnount of (79,256.00 The Engineer's estimate was E52,000,00. Staff has reviewed ail Dios receives ana found inem to oe complete and in accordance with the bid requirements except that the low bidder is currently unlicensed to perform this type of work and apparently will not be licensed prior to June 1, 1988, The second low bid, 5120,040.32 is three times the Engineer's estimate and it may not be economically sound to make an award at this time. $t off has reviewed the plans and specifications and finds them to be acceptable except for same minor corrections. Therefore, Staff recommends the refection of all bids received and the readvertising of the subtect protect, approve the plans and specifications with minor corrections, and approve the attached resolution authorizing the City Clerk td advertise the "Notice Inviting Bids". Respect~l s m tted, ,.. RHM:fd L:dlw V Attachment cc: Purchasing ~4 T C O W 8 2 6 O au CN h Uj J M V <N o M1O •W S O F V y~ (~ O N la. W R N V ~ W N ~ F= K m F C WO K .i 0 `w N y<6 N 2 F O V ~+ W f< U g'. O 8 z ~ n F _M O O rl ~~ ~ ~s RESOLUTION N0. 8 FS ~ ~ 7 y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFiCATI ONS FOR THE "SAPPHIRE TRA [L LANDSCAPING AND RECONSTRUCTION", IN SAID CITY ANO AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIOS. WHEREAS, it is the intention of the Citv of Rancho Cuc amon a_a to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "SAPPHIRE TRAIL LANDSCAPING AND RECONSTRUCTION". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall 6e substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, Calif ornt a, directing this notice, NOTICE IS HEREBY r. rvcu •~,~~ ~~... ~.:e n~,. ,.c o,., n~.,, r,.,......n ~~ .;n ,. .~ ~i.n noc:..,, ,.c ~~... ~~~...~ City Clerk in the offices of the City of Rancho Cucamonga, on or 6ef ore the hour of 2:00 o'clock P.M. on the 22ND day of JUNE 1988, sealed bids or proposals for the "SAPPHIRE TRAIL LRN DSCAPING AND RECONSTRUCTION" in said City. Bids will 6e opened and publicly read imnedi ate ly in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of SAPPHIRE TRAIL IANDSCAP[NG AND RECONSTRUCTION". PREVR IL ING WAGE: Notice is hereby gf ven that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 anri i rnn rnnr•ar inn is rumii rnri ~n m~ not i<c< ~nan t6u n ai .iron _.._ _, _.._ __.._. ____. ._ . _~_.. __ __ ~_~ ..__ .___ _.._.. _..~ ,ener_, preva,. ,,., rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of Lhe State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are available to any interested party on request, The Contracting Agency also shall Cause a copy of such determinations to be posted at the ,lob site. 1 'p The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-£ive dol?ors (325.00) for each laborer, workman, or mechanic amp toyed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated far any work done under the attached contract, by trim or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code ae amended by Chapter 97i, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 o£ the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except; A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1l30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered dnnrP OtlfPC nr lnlrrneym P,n, ih any appron4ltu ah le prawn ~~ nth ccntrac ti and is other Contractors on the public works Site are making such~contr{butions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requ:rements may be obtained from the Director cf Industrial Relations, ex-officio the Administrator of Rpprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 9~ Eight (B) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subrontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars (E25.00) for each laborer, workman, or mechanic employed in the execui ion of the contract, by him or any subconirau iur under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773,8. The bidder must suMnit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10X) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall became the property of the c+ty Cf RanCi1C ~UCamO.^.^ya If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the ono unt of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bontl to be given to secure a faithful performance of Lhe contract for said work shall be one hundred percent (100X) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50X) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga far the construction of said work. NO cal ~.,; 11 he ~n eiAnnnw F.~yn a tool raCtn,• whrue a prnpn5 al form hoc proDO-~• .. _ not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto at the time time this contract is awarded. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of 1~ the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of (30.00, said 530.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will 6e mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of 515.00 to cover the cost of mailing charges and overhead. Tb2 SJCCeS ifUi bidder viii be r2Guircd tJ vit2'f lid:J a CGO tf dCt satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reJect any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19_ PASSED ANO ADOPTED by the Council of the City of Rancho Cucamonga, California, this day of 19 ATTEST: y er ~~ --- CITY OF RANCHO CL'CA~IONOA STAFF REPORT DATE: June 1, 1988 ~~ To: City Council and City Manager i FROM: Russell H. Maguire, City Engineer BY: Michael 0. Long, Sr. Public works Inspector SUBJECT: Re,~ection of all bids for the City Corporation Yard, Phase I, located at 9153 Ninth Street, Rancho Cucamonga ', RECOMMENDATION: [t is recommended that the City Council re,)ect all bids for City Corporation Yard, Phase I, as being non-responsive Lo the needs of the City. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on May 20, 1988 far the sub,)ect pro,~ect. J. Nurrey Construction, incorporated, was the apparent lowest responsible bidder with a bid amount of 52,514,LU0 for base bid "A" and (2,950,000 for alternate bid "8" (alternate bid "B" includes the base bid "A' amount). The Engineer's estimate was 52,000,000 for base bid `A". Staff has reviewed all bids received and found tnem to oe complete and in accordance wito the oia requirements. However, because all bids received substantially exceeded the budget estimate, staff recommends re,~ectlon of all bids. Staff will be reviewing the plans and specifications and making revisions where possible in an effort to reduce cost. Upon completion of the review, staff will be requesting City Council authorize to readvertise the protect. Respec ,sum ted, Attachment r RHM. L.~ cc: Purchasing ~Q~ pT i G Og yO~ 8 Jo < ~ 8 {h LL6 i_ O N t=J 3~ ya O F N 2 In mH G F K W~ F Q~ y~ J Q8~ OV W G R eN N 7 N ~LL O t N F ~ u a_ ~ ~ Qa ~ c ~ G J I ---CITY OF RANCH(i CIiCAMONGA STAFF REPORT DATE: dune 1, 19II8 _~ T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Michael D. Long, °en ,,., Publi.. ~orkS lrspectar SUBd ECT: Accept the Victoria Park Lane Relandscaping and Street Reconstruction as complete, release bonds and authorize the City Engineer to file a "Notice of Completion" and approve the final contract amount of b764,298.39 RECOP~1ENd1TIGN: It is recommended that the City Council accept the Victoria Park Lane Relandscaping and Street Reconstruction as complete, authorize the City Engineer to file a "Notice of Completion", and authorize the release of the Faithful Performance Bond in the amount of 5628,197.50 and accept the 10% Maint en ante Bond in the amount of (76,421,84 for one year, and authorize the release of the retention in the amount of (38,230.92 and the Labor and Materials Bond in the amount of (314,148.75, 35 days after the recordation of said notice if no claims Nave been received. Also, approve the final contract mnount of f764,218.39. DH6hVHV Un U/N11NL1] U The sub,l ect pro,l ect has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount is b164,218.39 which includes change orders for additional 1 change order to be approved by council for a fire access road, irrigation reconstruction acid other miscellaneous items. The original amount approved by Council was 2628,297.50. Respectfully itted, ~i RHM:~OL:dlw~ f cc: Purchasing o h RESOLUTION N0. ~ $ " 3 >~+ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR VICTORIA PARK LANE RELANDSCAPING AND STREET RECONSTRUCTION ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Victoria Park Lane Relandscaping and Street Reconstruction have been cwnp feted to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, 6e it resolved, 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. X03 ---~--- C[TY OF RANCHO CIiCAMONGA STAFF REPORT ,~-C`~ ~_ ORTE: June 1, 1988 J i T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8r: Steve M. Giiiiiand, "rubiie i:urks inspeC~ur.~~ SUBJECT: Release of Bonds and Notice of Completion RECOIMEN011TION: The required street improvements for Tract 12613 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 521,800, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of 5278,000. Background/Analysis Tract 12673 - located east side of Milliken Avenue, north of Church Street. UtVtLUYtR: NesLern Yroper[les 1156 North Mountain Avenue Upland, CA 91786 Accept: Maintenance Guarantee Bond (Street) 121,800.00 Release: Faithful Performance Band (Street} 5278,000.00 Respectful ubmi tted, ~~ RHM: SMG~~d~lrr// Attachment I°4 RESOLUTION NO.~ O '~ -~S/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12673 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK WHEREAS, the construction of pub tic improvements for Traci 12673 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, be it resolved, 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 Nernardtno County. ~b~ - CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: June 1, 1988 i0: City Council and City Manager FROM: Russell H. Maguire, City Engineer B'i: Sieve M. Giiiiiand, Pubiit wurks inspec to~~ SUBJECT: Release of Bonds and Notice of Completion REC(Ml1EIIOATION: ,~_~ The required street improvements for Tract 12532 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 560,600, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of 5606,000. Background/Analysis Tract 12532 - located on the south side of 4ictoria Avenue between Archibald Avenue and Ramona Avenue ULV tLUYtR: YaCer Hglles 310 N. Narbor Boulevard Fullerton, CA 92632 Accept: Maintenance Guarantee Bond (Street) 560,600 Release: Faithful Performance Bond (Street) Respectfy submitted, ~d~ -'~_ - RHM. Attachment 5606,000 /06 RESOLUTION N0. ~O'JJ d' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12532 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS the xc;' - for o` pub is irMr uva~en is fur Tract i2bs2 have been completed to the satf sfact ion of the~City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, 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. I O~ ----- CITI' OF RANCHO Ci;CAA10NGA STAFF REPORT DATE: June 1, 1988 ~~ T0: City Council and City Manager I FROM: Russell H. Maguire, City Engineer ~ BY: Stzvz M. „i1Hlaad, Fub', is l2arks lr:,per :e°~q~ ~ SUBJECT: Release of 8cnds and Notice of Completion -\ J The required street improvements for CUP 85-26 have been completed in an acceptable manner and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of 572,000. Background/Analysis CUP 85-26 - located on the north side of Base Line Road, west of Victoria Park Lane DEYELOPER: Victoria Self Storage L JLOL 1'I I i i br etn nunV, ou i 1.c ~w Laguna HSils, CA 92653 Release; Faithful Performance Bond (Street) 572,000 Respectfull submitted, RHM; Attachment / O U RESOLUTION N0. p 0 - ~3 A RESOLUTI0.Y OF THE CITY CGUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 85-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR TH'c WORK WHEREAS, the construction of pubi is improvements ror CUP a5-26 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, be it resolved, that the work is hereby accepted and the Cfty Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I o9 ---- CITY OF RANCHO COCAMONGA STAFF REPORT _~,, ~,. GATE: June 1, 1988 TD: City Council and City Manager ~i FROM: Russell H. Maguire, City Engineer .~~.~ "o Y: Steve M. "uiii(iand, rubiic works inspecipr~ i7tt/T ~-~\) I SUBJECT: Release of Bonds and Notice of Completion RECOlME1VDATICi1: The required street improvements for DR 86-22 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Certificate of Deposit in the amount of E8,000. Background/Analysis DR 86-22 - located east side of 6th Street, north of Buffalo Avenue DEVELOPER: Donald Kaplan 612 North Sepulveda, Suite 11 Los Rnge ley, l:A 9UU49 Release: Certificate of Deposit 58,000 Respectfu Llv~submi tted, RHM:SMG:sd Attachment o RHSOLDTIDN N0. 88-226 A RHSOLDTION OF 1NH CITY COUNCIL OP THS CITY OP RANCHO CO CAlDNGA, C[~LIR)RNIA, ACCBPfING 7NE PUBLIC IMPROYH!ffiNTS R)R DR 86-22 AND AUTNORIZ ING THE FILING OP A NOTICE OP C4![FLRTION RJR 7PR VnRR WHHREAS, the construction of public imprwemente for DR 86-22 have been completed to the satisfaction of the Gity Hngineer: end WHHRHAg, a Notice of Completion ie required to 6e filed, certifying the work complete. NOW, THHRBPORB, BH TT RHSC(.7HD that the cork ie hereby accepted end the City Hngineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardim (booty. - CITY OF RANCHO CCCAb10NGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8r: Steve M. Giiiiinnd, "rubiic Burks ir~speCtGr~s}~^-f~~~~ SUBJECT: Release of Bonds and Notice of Completion RECOMMENDATION: The required street improvements for DR 86-39 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Certificate of Deposit in the amount of E7, 400. Background/Analysis DR 86-39 - located on the northwest corner of Helms Avenue and 9th Street DEVELOPER: Louis Barnes 1486 Red Hill North Drive uDiana, CA Duuo Release: Certificate of Deposit E7, 400 Respectful, bmitted, .. RH :SMG: Attachment (i 2 - CITY OF RANCHO CCCA~IONGA STAFF REPORT Date: June 1, 1988 To: City Council and City Manager From: Russell H. Maguire, City Engineer 8y: Henry Murakos hi, Asscciat2 Civil Engineer ~~~~-,, _ ~ Subject: Approval to execute Contract Change Order No. 1 (CO 87-181) for a Professional Services Agreement with Jeffreys and Associates Field Services for the 19th Street Project from Hermosa Avenue to Camilla Avenue. The Change Order wai~res the Errors and Omissions Insurance of ;I00,000.00 included in the Agreement. RECOIIENDATIOM• tt is hereby recommended that the Errors and Omissions Insurance of 5100,000.00 included in the Agreement be waived. The professional fees remain unchanged. BACJC61t0UND/ANALYSIS' The firm of Jeffreys and Associates Field Services was engaged to perform Right-of-Nay Appraisal-AcqulsiNon Services for the 19th Street Project from Hermosa Avenue to tortilla Avenue. The Ctty Council awarded the wuG n~i on nvoe~i,er Y, iioi. neceniiy, rir. Je~irey's indicated coal Ire is unable to obtain the required Errors and Omissions coverage and probably cannot obtain Tt in the future. Ne asks that the City waive the Errors and Omissions Insurance presently included in the Agreement. Considering his efforts in trying to resolve this, and the general feeling that Errors and Omissions Insurance probably is not necessary for appraisal services, staff recommends City Council to waive the Errors and Omissions Insurance for the firm. Resp ''submitted, ~i ~-- ~-~~G~ %- ,wu.,,Q. _._ ~~~...m . ymn Attachment I ~' RESOLUTION N0. ~ V rJ`~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR OR 86-39 AND AUTHORIZING THE FILING OF A NOTICE Of COMPLETION FOR THE WORK WHFPFA[ tho rn~<f np~4 inn ni pe1.5 i~ . ..cote f~.w nP aF_]o L~Ye 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, be it resolved, that the work is hereby accepted and the City En giver is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County ~~ CITY OF RANCHO CCCANONGA STAFF REPORT Date: June 1, 1988 ~~- , , it To: City Council and City Manager _ ~ ~ ~, From; Russell H. Maguire, City Engineer 'I By: Henry Murakoshi, Associate Civil Engineer ' SubJect: Approval to execute Contract Change Order No. 1 (CO 87-194) for a Professional Services Agreement with Jeffreys and ~, Associates Field Services to perform Right-of-Nay I, Appraisal-Acquisition Services for the 19th Street Project i, from Nest City Limits to Jasper Street. The Change Order ~, waives the Errors and Omissions Insurance of 5100,000.00 ~ included in the Agreement and reinstates the Worker's Compensation Insurance crossed out in the Agreement. RECOMMENDATIgI• It is recommended that the Errors and Omissions Insurance of 5100,000.00 included In the Agreement be watved and the Norker's Compensation Insurance crossed out in the Agreement, Section 8 (a) as not applicable, be reinstated. The professional fees remain unchanged. ' BACK6ROUMD/ANALYSIS• The firm of Jeffrey's and Associates Field Services was engaged to v2r `or6~ ~~v~~~-~~-~a7 nyprui>ai-ncyui>i tiUn ~erYices ror the 19tH Street i Project from Nest City Limits to Jasper Street. The City Council awarded i, the contract on November 18, 1987. Recently, Mr. Jeffrey's indicated to us that he is unable to obtain the required Errors and Omissions coverage and probably cannot obtain it in the near future. He asks that the City waive the Errors and Omissions Insurance presently included in the Agreement. The Norker's Compensation Insurance requirement that was crossed out in the Agreement should be reinstated since Mr. Jeffrey's has obtained same. Considering his efforts in trying to resolve Errors and Omissions Insurance, and the general feeling that Errors and Omissions Insurance probably is not necessary far appraisal services, staff recommends that City Council waive the Errors and Omissions Insurance requirement for toe e~,~, Respecyfu submitted, k ~ ,. , % f RHM:I~M-qa~ Attachment \~ ----- CITY OF RANCHO CUCAMONGA STAFF REPORT Date: June 1, 1988 ~ ~ To: City Council ana City Manager I From: Russell N. Maguire, City Engineer By: Nenry Murakoshi, Associate C1vi1 Enai neer Subtect: Approval to execute Change Order No. 4 (C.0. 87-20) for a Professional Services Agreement with Don Greek and Associates to continue design administration for four (4y ~i phases of 19th Street Protects to be funded from Systems Development Fund Account No. 22-4637-8743. 1t is recomaended to expand their contract by f8,000.00 to bring their contract total to f62,000.00. RECOMMEIMTIOM• It is recommended to execute Contract Change Order No. 4 with Don Greek and Associates for continuing design adainistration for four (4) phases of 19th Street Protects. BACKGROOIID/ANN.TS15: The firm of Don Greek and Associates was engaged to perform predesign studies for four protects, including 19th Street - all four phases, Alta IMa ac c_neen,en• Me~riM am C~..neh od Ann nv~nw. L.w • ,e,o....~. 60. It is naw found necessary~~to expand their contract to cover the additional workings encountered. The Change Order is for the amount of f8,000.00 to bring the contract total to f62,000.00 to be paid from the Systems Development Fund. Respectf submitted, v RH{ram~"~~~~~ Attachment ~~b 6~ I i br 16:~A•iU tG l,ti bll vl ENGINEERING SERYICES CONTRP.CT CHANGE ORDER ' (.' ONTRPG'r ~flrnl N~ STiZh ~ I Ot-I May 2, 1988 Date: TO;Ibn Greek & Associates, 2428 N. Grand Ave, Ste. L, Santa Ana, CA 92701 ~~~ ~~~y <y~~~w~ ~~ wmpiy wlui uie iol~owing changes from the agreement ror engineering =ervices. R~A$~__ in Contract Price 1n Contract Price Raise Cant-tact limit to continue Design Administration Services for 19th Tnprovaent projects: ik1916 - W. City Limits to Jasper St. $1,500.00 q/i917 - Zircon Ave. to AmethysE St. 3,500.00 >)1918 - Hansa Avg to Cartilla Ave. 1,500.00 i/1919 - At Haven Ave. 1,500.00 70TAL $g,OW:66 r L N C'rP,SehT worms OV+ t1 Wf i y..YT Cr~als ba 'r( C'xC L'e uS G'ST6b.i Stye (,)' ' The amount of the Contract will be (Decreased) {Increased) by the sum of: Eight 2liousand and m/100 Dollars (S_8.000.00 -~- The Contract To tai including this and previous Change Orders will be:_ c;,.h, 71.o _Thousan~l___~., Dollars (Sy2, 000,D00 ~- The Contract period provided for completion will be (Increased )(Decreased) (Unchanged) N7A Days lnis document will become upplement to the Contract and all provisions will apply hereto. Req~sest2d: ~C ~-7 ti5 Busse ~• y ngineer ate ngineer Date `~?proved: ayor, ,ty o ancno ucamonga --mate i:iis infornation will be used as record of any changes to the original engineering - CITY OF RANCHO CUCAMONGA STAFF REPORT Date: June 1, 1988 Z~ G~'kD,yC' t n z l ~. ++ ~ ~A F'i ~ !,Z 19 19] ~~ To: Members of the city Council and City Man ge,,r/ From: Joe Schultz, Community Services Manager ~I,T By: Karen McGuire-Emery, Associate Park Planner Subject: Recommended Names for the Two Park Facilities to be located in the Victoria Vineyards North Development It is the recommendation of the Park and Recreation Commission to the City Council that the two park facilities located in the Victoria Vineyards North Development ba named as foJ,lowa: 1. Renvon Park - located on Kenyon Wny rort.*, c1 Victoria Park Lane 2. Vintage Park - located on Victoria Park Lene between Kenyon way and Rochester Avenue HACRGRODND• The William Lyon Company is preparing to submit final working drawings for the next two Victoria Planned Community Parks located in the Victoria Vineyards North Development and thus it is appropriate that the names be selected for these facilities at this time. As you are aware, City guidelines for naming of Park facilities suggest coordinating the names of adjacent school/park facilities whenever possible. Staff was informed, however, by Carleton Lightfoot, Superintendent of the Etiwanda School District, that names have not bean selected for the two adjacent elementary school facilities and that it will be at least a year before a decision is made. II V Suggested Names Jvne 1, 1988 Page 2 With this in mind, the Park and Recreation Commission recommends the Hama Renyon Park for the facility located on Renyon Way and Vintage Perk for the southerly location, providing a historical flavor of the once prominent grape vineyards of which Rancho Cucamonga is known. Respgctfully submitted, ~ / -- Jo Schultz Co unity Se ae Manager JS:XMC-E:bs Attachment: Nap of Victoria Community Plan showing future park locations in the Victoria Vinayerde North Development ~t~ _ ... _ _... - y'c . .. .._ rz.. .. _.. ~li'1{~ / TAr~ u3~5)IXb 4F1~ I YI~~F~Fi ~'i ~p -- , _~ ~ fl .-~' ' a ~ ~. ~ ~~ , - .; - ~ ~ ~~ ~~_~ -- d . ,~ 7. ~ , , .----~^ . T~ Yv (i ~j.- ~ ~ ~ I~ ~ it Y, ~ ~~ ~$ ._n° . -i' W m ' ~- 8 - - ~-~---'~- ~G-w"~2'TIi.TM~ lu'*'~t!'rC+'~+P~M.1i~~p~~,1 r, T & /~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: June 1, 1988 TD: City Council and City Manager FROM: Russell H. Maguire, City Engineer it BY: Judy Acosta, Jr. Engineering Aide SUBJECT: Approval to Annex Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 (various locations throughout the City) to Street Lighting Maintenance District Nos. 1 and 2 as Annexation Nos. 46 and 30 and setting the date of public hearing for ~~ July 6, 1988 ~ RECOMMIENOATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Reports for Annexation Nos. 46 and 30 and setting the date of public hearing regarding the City's intention to annex the above described tracts to Street Lighting Maintenance of stri ct No. 1 and Strzzt Lighting Nat ntznancz District No. 2, respect iveiy. Analysis/Background Attached for City Councii approval are resolutions declaring the City's intent to annex Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 (various locations throughout the City) to Street lighting Maintenance District No. 1 as Annexation No. 46 and Street Lighting Maintenance District No. 2 as Annexation No. 28 and setting the public hearing date for July 6, 1988. Aiso attaehed for Council consideration are resolutions giving preliminary approval of the Engineer's Reports for the subJ ect annexations. Letters from the developers requesting the sub,lect annexations are on file in the Engineering Division. Resp Y y Stied, C v RiiM:~ " Attachments ~~ RESOLUTION N0. g ~ ~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO CUCAMDNGl1, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGiN EER'S REPORT FOR ANNEXATION N0. 46 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 'AHEREAS, u..2 1 19P,0, ihE City Coancii of t+ie City of RdnChJ Cucamonga directedVthe City~Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and NHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every Dart thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should he modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTIIXI 1: That the Engineer's Estimate of the itemized costs and expenses o sa work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily ayyruveu and wni firmed. SECTION 2; That the diagram showing the Assessment District referred to and desc~l'6e3-fn said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of sand fir. sai- Ad ssessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4; That said report shall stand as the City Engineer's Report far t~ purDOSes of all subsequent proceedings, and oursuant to the pr3puieu' diitri~i. 1! Inds CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 46 for Tract Nos. 12650, 12650-4, 13115, 13697 and 13742 SECTION 1. Authority for Reoort This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description Thts City Council has elected to annex all new developments into Street Lighting Maintenance District No. 1. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said developments as well as on the lots directly abutting the street lights. Nork to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on mayor streets (arterial and certain collector erwerel .Mnv.. ... •6w ~ 1..1. r1... n. _. _._. ...__ v on file with the City Engineer. ~[sgrovement malntenanceyls~~ considered of general benefit to all areas in the District and cost shall be assessed on a per unit basis. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street sights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference 1s hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street iighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made apart of this report to Che same extent as 1f said plans and specifics were Aftu~hed nnro4n Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the 111uminatton of the subiect area. ~~3 SECTION 4. Estimated Costs No costs will be incurred for street sighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. Street Lighting Maintenance District No. 1 has been demarcated into t~xe >_o.^.es. Zo^e 1 is comprised of street light 1!apreveefents on red^r streets for residential improvements (single family, multi-family, condominiums and apartments) throughout the City. Each dwelling unit in this zone will be assessed as one assessment unit for the operation of the District. Zone 2 is comprised of all industrial, comaerciat and institutional protects throughout the City. It has been determined that one acre of land in industrial, commerclai and institutional areas derives the same benefit as two assessment units to Zane 1. The estimated total cost for Lighting Maintenance District No. 1 is shown below: 1. S.C.E. Maintenance and Enerav Cost: amp Size* Lamps YTD Na. of Lamps Annex No. 46 New Lamp Total 9500E 524 5 529 16,000E 16 0 16 22,000E 4 0 4 27,500E 17 0 17 *High Pressure Sodium Vapor Total Total Annual Lamp Size Langs Rate Mo's Maint. Cost 5800E 460 X f 8.93 X 12 S 49,243.60 9500E 529 X f10.16 X 12 ~ 64,495.68 16,000E 16 X f12.08 X 12 2,319.36 22,000E 4 X f13.64 X 12 664.32 v> cnD , 17 X e,o w v ~LJ.JL /l i2 - o n, ~ J,1LJ.21 Total Annual Ma1nt. Cost 5119,896.20 2. Total Assessment Units: YTD Assess Units before this annexation = 17,020 Assessment Units this annex per page 4 140 Total Assessment Units = 17,160 ~aq- 3. Cost per Assessment Unit: Total Annual Maintenance Cost = 5119 896.20 56.99/year/unit o. o n is n sir ct ~~- Assessment shall apply to each lot or parcel as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment diagrams are attached to this report and labeled 'Street Lighting Maintenance District No. 1' Annexation No. 46. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvements for the District are found to be of general benefit to all units within the District and that assessment shall be equal for each unit. Nhen units are based on acreage, assessment will be 2 units per net acre. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council zdopts Resolution of intention to annex a District and sets public hearing date. 3. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year 1n June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. I ~~ EXHIBIT "A' Properties and iatprovements to be included within Annexation Na. 46 to Street Ligbting Maintenance District 1: Assess. No. of La s to be Annexed Projec@ Acrza e~nr~- Zone 1 TR 12650 35 --- --- --- --- --- TR 12650-4 36 --- --- --- --- --- TR 13715 5 --- --- --- --- --- TR 13697 47 --- 3 --- --- ~~-- TR 13742 17 --- 2 --- --- --- TOTAL 140 --- 5 --- --- --- Zone 2 ~a~ ASSESSMENT DIAGRgM -_ STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION NO, g/o I-- -; I I 'I ~~~ h~~? ~% ~~ 25 r'~ ci 20 ;I,le~~ii~~~zo~zl zz~zs z I Q IcNIR EP~.`~ti _ ~Z. 2 __ ~lEE~T _ ~T i C I ~' "I ~" HI LLS IpE RpAp ~.Pj~~.M -,~~ ~= '~ a 6 '_ ~~ crrsr oe ~+rrcao cuc~o ae cot~rrr~r oar srw ~~nnvo af.,.f.._ -- 53 ~ ..% ~~~~ 34 ~ a > /1~//~i/~5~ ' Y_ ~-~ ' J // ~ ~ _ ~ A A o -~_ N ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION N0.4~o Iz w s~ i i ~; I I U I H V( t~ V 1 V c V I I I ' I •~ J 1 I I I "~ 1~6~'~'~ "~ it ~l~ i i ~ 31 32 30 j c i~z i251~25'27 2~~29 ~ x •i~ 33 i n pEET \ / L 2 r n ~ 36 '.1 ~~~ SCE y~ I t4 ~ 1~~ 17 16 15 ~, 36 ~ 22 ~, 21 ~ 20 19 tii 1 8 35 13 0 ~ ~ 10 N / \\ 12 ~C~/ \ 1 .. _ B m , ~ Y z H `"`~~N ~ ~yE~i ~ r ~ 4 \ E MILLS IOE ROAJ ~~~ crr~r o~ aexcao cvctisoxas ~ ~- ~ ~~~~ '' ~ courrr~r o>I' sort ss>;rieann~to .,,,~ = sT~TS o>~ cwr~oaxu- ~,~_> ^. ., ASSESSMENT D{AGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION NO. ~f~o ~ ~ ~ ~ 2 ~ ae n is +s ++ ~s t2 a Io ss x » ~c ,as 1,,,,~!ue J /O /4 /5 • P7 JO ~/ ~ ? SH E7 £E N . '1O~ 4 2 8 P /J /6 P/ ~ PI ~ P9 ~ J2 5 ~ O /2 ~ /i 20 a 25 2d ~ J3 . /I I /9 ~ ~ Per L _ 27 _1PSL_L 2 e i `~!~ C19'Y Ot RANCSO CUCAYONOA . =_ ~`~\~ COUNTY OP 8AN HBBNABDINO ''`y"{f~j~~~{j/ !9'1'ATS 0! CALIP'ORNU 4~~> ASSESSMENT DIAGRAM STREET LIGHTING MAIWTENANCE DISTRICT NA.1 ANNEXATION NO. 4(0 1 i ~ ~ Z ~- 4 3 r a ~~i s ~~ ~~ L '~ ~ ,..~ ~.. ,ten, ro s ~wmwq w wv ,.~,i`~ CTI~f OF RANCHO CUCAYONOA ~ 37r ~~~~ = COUNPY OF 8AN BBBNARDIIIO ~ i ~; ~- ; BTATS OF CALIFORNIA ~ T ~, 6 1V i'~"iR~' ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANNEXATION NO. 4/0 "~' .M CTl'Y OF RANCHO CUCA1[ONOA s'`P'' ~^ COUNTY OF BAPi BRRNARDII~10 e /~; ~• Z C.'~~ ~; 3 BTATB of cAi.II~ORNIA ^ N VI Im RESOLUTION N0. 0 0 ~ 3S6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1, AN ASSESSMENT Di STRICT: DESIGNATING SAID ANN EXATiON AS ANNEI(ATI ON N0. 46 TO STREET LIGHTING MA INTENRNCE DISTRICT N0. 1; PURSUANT TO THE IANDSCAP ING D LIGHT it\G A{.T DF i9i"c MND DFF'cIt ING A I IM'c AND YLi1L"t FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Description of Work: That the public interest and convenien cece require an~it is the in~i on of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. location of Work; The foregoing described work fs to be located wit 1'li n roadway n glit-of-way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the orn ce or the btty ~ierx, entttiee ^Annexation No. 46 to Street Lighting Maintenance District No. 1". SECTION 3. Descri tion of Assessment Cistri ct: That the contemplate wor in a op n ono sa ty ~ouncl is of mare tLan local or ordinary oublic 6enef it, and the said City Council hereby makes the expense of the said work chareeab le upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: Atl that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexaticn No. 46 to Street Lighting Maintenance District No. 1" mao5 is an file in the office of the r.ity f.lerk of Shcd l.lty. ~ ~ -~-~ - SECTION 4. Report of Engineer: The City Council of said City by Resolution No. as approve tie report of the en9lneer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. 132 RESOLUTION PAGE 2 SECTION 5. Collection of Assessments: The assessment shall be collecte at t e same me an in t e same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTIC?: 6, Tinw: ar~d Piece of riearin Notice is hereby given that on July 6~ 3~38i~at t our o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out er why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described, SECTIg1 7. Landscaping and Lighting Act of 1972: Ail the work herein propose s all a one an Carr a roug pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of Cal ifornta. SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to ect on o, a overnmen ode. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause Lhe same to be published 10 days before the date set for the hearing, at least once in The Oail Re ort, a newspaper of general cfrculation published in the City of On ar o, a ornia, and circulated in the City of Rancho Cucamonga, California. X33 RESOLUTION N0. ~ ~ - 357 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER`S REPORT FOR ANNEXATION N0. 30 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2 WHEREAS, a.n. .)~1ne 1, 198? rho r;ty ro ;1 ^f the C' ; of Ranch- Cucamonga directed the City Engineer to make and~file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the Cfty Council of the City of Rancho Cucamonga as follows; SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o~ sl'- ei3 work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily SECTION 2: That the diagram showing the Assessment District referred to and des crr e n said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sar-d Assessment District in proportion to the estimated benefit to 6e received by said subdivision, respectf vely, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4; That said report shall stand as the City Engineer s Report for t purposes of all subsequent proceedings, and pursuant to the o„ ~:...:,.. cpos ............... ~~~ 134 CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annexation No. 30 for Tract Nos. 12650, 12650-4, 13715, 13691 and 13742 SECTION 1. Authority for Report 'this report is in compliance with the requirements of Article 4, Chapter I, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has effected to annex all new developments into Street Lighting Maintenance District No. 2. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said developments as well as on the lots directly abutting the street lights. Nark to be provided for with the assessments established by the district are: The furnishing of services artd materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local streets as shown on the Lighting n~e.a..t e,.__ 4_~..A~~F i~ ~. s.,~... t~ t`L C', t~ :~~yi6dEi. Improvement maintenance is considered of general benefit to ali areas in the District and cost shall be assessed on a per unit basis. SECTION 3. plans and SDecifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the sub,~ect tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement an the individual development is hereby made a part of this report to the same extent as 1f said plans and specifics were dttdL hed hp rA?.n: Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. I SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be cons*_ruc ted by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actuai assessments will be based on actual cost data. Street Lighting Maintenance District No. 2 is comprised of street light improvements on local streets for residential tmorovemenis throughout the City. Each dwelling unit in this zone will be assessed as one assessment unit for the operation of the District. The estimated total cost for Lighting Maintenance District No. 2 is shown below: 1. S.C.E. Maintenance and Energy Cost: No. of Lamps Lamps Annex New Lamp Lamp Size* YTD No. 30 Total 5800E 1,358 74 1,432 9500E 4 0 4 *Nigh Pressure Sodium Yapor Total Total Annual I am Na=_ I s o>~w w~. u.i ~. s 5800E 1,432 % f 8.93 % 12 = (153,453.12 9500E 4 X f10.16 X 12 = 487.68 Total Annual Maint. Cost = f153,940.80 2. Total Assessment Units: YTD Assess Units before this annexation = 5,024 Assessment Units this annex per page 4 = 140 Total Assessment Units > 5,164 v. CGSt eer AiZPs tmen4 ilnit~ Total Annual Maintenance Casi = (153 940.80 529.81/year/unit o. o n 45 n str ct -5,L&4- Assessment shall apply to each lot or pareel as explained in Section 6. ~J~ SECTION 5, Assessment Dlauraa Copies of the proposed Assessment Diagrams are attached to this report and labeled `Street Lighting Maintenance District No. 2', Annexation No. 30. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Impravemeris for the District are found .`c ba ^' gcneral benefit tc ali units within the District and that assessment shall be equal for each unit. Nhen units are based on acreage, assessment wilt be 2 units per net acre. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 3. City Council conducts public hearing, considers all testimony and detenalnes to fore a District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year 7n June; the City Council conducts a public hearing and uy Mi u,c>, m mLJii wa m~u oypvu wo ei~C IIIJIV1UUai a)SCSSIIM.'nLS. 137 EXHIBIT "A" Properties and iaprovements to be inciuded within Annexation No. 30 to Street Lighting Maintenance District 2: Assess. I-No. of Lapps to be Annexed Prof ZCt ACreaye V~1. ~VV` ~1/aL l~~V~L ~C~W~L/~J~l TR 12650 35 10 --- --- --- --- TR 12650-4 6 22 --_ ___ ___ ___ TR 13715 5 --- --- ___ ___ ___ TR 13697 47 29 --- --- --- --- TR 13742 17 5 --- --- ___ ___ TOTAL 140 74 13~ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. Z ANNEXATION NO. 30 II I 1 `I -r 1 7 ~ . 8j t 9 I~ 2C 41 2I I~ 22 1 23 ~ 241 25 ` 26..,?~ 28 I 29 ~~~~ sE~r `i 6 1= ~ i41, 13~ l ~~~ z r: i~~~~~2:~r.t~~~.l 2h~`,r~~~j~~~:S'. I i HILLSIDE ROAD 7 ~ E 'I 5 ~~'\, 34: 4 3/ 30 \ /~ i ~ 3' • 32 33 C 34 2 <, to ~ 35 / \ 1 F~ ~a ? ~~ \Y-- ~ _ „~,'. V sr `, ~: '-~ ~: `~` i ~, 6 3 ~-'_ CITY OF RANCHO CUCAYONOA COUNTY OF 8AN BRRNARDIIQO srATE OF CALIIrORNIA - N ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.2 ANNEXATIAN NO. 30 ~ I I I r. I 5 ~~ ICJ 1I~I~I I ~~ I ~ G~ ~. J i T ~ ~. S ~ i (. I i i ~ ! , 32 I 31 - == 124 125 25 I,I 2; 120 29 30 ~;9 / p0 33 II dl} ~j1 Nf• T \ / C~ _ 9F[~" - 34 -- 02 ~I 2! I20 II i9 III t9 17 16 15 14 \~ II j - ~~ 13 ~~' 35 ~ ,~ , o ~ /~. w ~ 9 'a ~, ~ 1 2 --- ~ 5 E ~~ H!LLSI~E ROAD i 35 ~~~.~ CITY Ot SANC$O CUCA1[ON(iA w '~¢,'~~ COUNTY Op 8AN B88NARDINO , \ :~ _ 8TAT8 OY CALIPIORNIA ~:~~ N ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.2 ANrEI(ATION NO. 30 ~~ 1=~__~___J~U ~~ ~ 2 g ~e n rs +s ~~ is ~: ~r is ~s .~e ~, w ,rs ~ , eouaM 3 /O /~ ~s ~ n Jo ~i ? S/I ET EE w f 2 8 z /,~ /6 t/ ai P~ ~ P9 ~ J2 s ~ e /r = /r :o = 2s Pe 2 ~~ 3 ~ ~ ~ s r ~ n /s /s~ te° sr Ysa - a e 2 ,.p~`~~ CTPB OF RANCSO CUCAI[ONOA s/ .~ .w COUNTY OF 8AN BSSNA8DIN0 ``~' ~ 8TAT8 OF CALIPORMA e,~., N ASSESSMEWT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT At~iEXAT1pN NO. 30 it I I 2 i ii, 4 ~ 3 ~ ~ IN S ~~~ 1 ~ e. 2 L~ ~ ~~ ~.~ wwu-,o ~ Wnrr~co w o~,r ~,~;~~; crrn o~ aAxcgo cucAtioxaA :~~„~\' coux~r~r or aAx s$sxAxnixo =~' 3 3TKTS OF CAI.II~ORMA ~,..~.._~ ! N ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2, ANNEXATION NO. 30 "~~ CITY Ol RANCHO CUCAILONOA w ~ `~.;; COUNTY OH 8AN BBRNARDII~iO , ` - c ~ aTATB OF CALIIIORIdIA - N --~-- RESOLUTION N0. p Q ~ ~ S~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANN EXATiON 70 STREET LIGHTING MAINTENANCE DISTRICT N0. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 30 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 2; PURSUANT TO THE LANDSCAPING n,Nn LrruT rur_ Cr Dr loj~ n OrrE~•w A ANA n.n~ A Tani Ari0 rLAyE FOR HEARING OBJECTIONS THERETO NOM, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1912, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1, Description of Work: That the public interest and convenience require an~it~he intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 Hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2, Location of Work: The foregoing described work is to be located within roadway right-of-way en unerat ed in the report of the City Engineer and more particularly described on maps which are on file in the - i.6c Cii.y vim ~, eniilieu "nnneaan on no. su co ~creet Li9httng Maintenance District No. 2". SECTION 3. Descri tion of Assessment District: That the contemplate-d w- o~rc, in a np neon o sa sty ounce is of more than local or ordinary public benefit, and the said City Counr,il hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 30 to Street Lighting Maintenance District No, 2" maps is on file in the office of the City Clerk of ~o~~ y ~y. SECTION 4. Report of~Eng~s~neer: The City Council of said City by Resolutionn No.~ Fias approvl~ eft report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars far the amount and extent of the assessments and for the extent of the work. /4~ RESOLUTION PAGE 2 SECTION 5, Collection of Assessments: The assessment shall be collected at-game rme an rn a same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECT h E. T~~s and Place of Hearin Notice is hereby given that on July 6~ T48~ at t~ our o pm in a City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may aDPear and show cause why said work should not be done or Carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is rot shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the Drotests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein propose -s Fall done an Carr a roug n pursuance of an act of the legia ature of the State of California designated the Landscaping and Lighting qct of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to ec on o t e overnmen ode. The Hayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Da?1 Re ort, a newspaper of general circulation published in the City of Onta~ o, a r ornia, and circulated in the City of Rancho Cucamonga, California. ~~ I~~ - CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: June 1, 1988 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Judy :cesr a, 'r. c.^.gine.ri:tg A;d: ~,-^ _,, SUBJECT: Approval to Annex Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 (various locations throughout the Cfty) to Landscape Maintenance District No. 1 as Annexation No. 48 and setting the date of public hearing for July 6, 1988 RECOMMENpITION It is recommended that City Council adapt the attached resolut',ons approving the Engineer's Report for Annexation No. 48 and setting the date of public hearing regarding the City's intention to annex the above described tracts to Landscape Maintenance District No. 1. Analysis/Background Attached for City Council approval is a resolution declaring the City's intent to annex Tract Nos. 126.50, 12650-4, 13715, 13697 an_d 13142 \YOI IVU~ IV~.oLI V,I~ LIII UUy11UY4 LIIC I.I Lyi LU LCIIUlIapC 1'IQ IIILell alll:l.' Ul~l.f l(:I. No. 1 for Annexation Na. 48 and setting the public hearing date for July 6, 1988. Also attached for Council consideration is a resolution giving preliminary approval of the Engineer's Report for the subject annexation. letters from the developers requesting the subject annexation are on file in the Engineering Division. Re y submitted, ' r ~~ RHM: Attachments 14~ RESOLUTION N0. FYS ' 3 Sy A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORN Iq, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEJ(ATI ON N0. 48 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 Mn'cR'cAS, on rune i, i988, the Ciiy Councii of the City of Nancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and WHEREAS, the City Engineer has made and filed with the City Clerk of said City a report in writing as called for pursuant to said Act, which report nos been presented to this Council for consideration; and MNEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should be modified in any respect. NOM, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized casts and expenses o~said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approves ana ~o~finnea. SECT [ON 2: That the diagram showing the Assessment District referred to and descr e n said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sai~hssessment Dlsirict in proportion to the estimated benefit to he received by said subdivision, respectively, from Bald work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for t--imposes of a17 y~hcnqunnr proceedirs, and purquanf to th. proposed district. '/ 147 C1TY OF RANCND CUCAMONGA Engineer's Report for Landscape Maintenance District No. 1 Annexation No. 48 for Tract Nos. 12650, 12650-4, 13715, 13697 and 13742 SECT [ON 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (landscaping and Lighting Act of 1972!. SECTION 2. General Description This City Council has elected to annex all new subdivisions Tnto Landscape Maintenance District No.l. The City Council has deterained that the areas to be maintained will have an effect upon all lots within Tract Nos. 1265D, 12650-4, 13715, 13697 and 13742 as wail as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the recorded Map as roadway right-of-why or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and landscaping are as stipulated to the conditions of approval for the development and as approved by the City Engineering Division. Reference 1s hereby made to the subiect tract map or development plan and the VlVyl p,n IV, 41C CnPMY .VI.Y 4, V.1 VI 4.IC ,VIIV iVV~1CV YICOi• TIT. yiu„a andcspeciflcations for landscaped improvement on the individual development 1s hereby made apart of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. A11 improvements will be constructed by developers. Based on historical date, contract analysts and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (5.30) cents per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimated total cost for Landscape Maintenance District No. 1 i nCl Ud~ny Anncxavi'vii No. 4v i5 va f3i ivwi: Existing Annex New District No. 48 Total Landscape Area 1,190,966 39,680 123,064.60 No. of D. U. 9,781 140 9,921 i4~ Per Lot Annual Assessment 123,064.60 x f.30 = 5369,193.80 5369 328.80 f37.23 27 x 5.00 135.00 -9;'9'fi- 33bg,~~BQ Assessment shall apply to each lot as enumerated in Section 6 and the attached assessment diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for ?nclus?on ?n t;x' Maintenance district but will be aaintained by a., active homeowners association, these assessments shall be reduced. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram 1s attached to this report and labeled Exhibit A , by this reference the diagram is hereby Incorporated within the text of this report. SECTION 6. Assessment improvements for the District are found to be of general benefit to all lots within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. The City Council will hold a public hearing in June, to determine the actual assessments based upon the actual costs incurred by Lhe City during the previous fiscal year which are to be recovered through assessments as required ... . ' --' uy one ~anuscape ana sign zi ng wcc mr iyi[. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 3. City Council conducts public hearing, considers all testimony and deternines to Annex to the 0lstrict or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the Ctty Council. +. Every year in June, i.he Ciiy Councii conducts a public hearing and approves, or modifies and approves the individual assessments. ~4q Properties and taQroveaients to be included within Annexation No. 48 to Landscape Nai ntenante District No. 1: TRACT D/U NAINTAINED AREA - - gg: Ft• -S-F_c~_i:- ~- 12650 35 12650-4 36 13715 5 Trail 4,980 13697 47 Vista Grove St. Trail 22,000 Haven Ave. Trail 7,600 Naven Ave. 5,100 Haven Ave. 27 13742 17 __ 140 --- 39,680 27 S (~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO..Z ANNEXATION N0. Qg I '- 128 29 _ 25 26 27 1 19 20 21I, 22II23I zl 1 ~ rv~ ._!\~ - ~-~ ~ 16 I 11 10I ~ 16 15 14I13'I12 ~~ V~~IaI I I i Ic~l ~~~e ~ r`, ~ ZE ?; ~ 2h HILLSIDE RDAG 7 ~ 6 li 5 "c. 4 ~ 3 3~ 3l 32 \ 33 i~~ ~ 34 2 ~•. sA 35 / 1 df {~~ ~' i~•C s~.~.~t3 CITY OF RANCHO CUCPuYIONGA ~ G5Q ~~~A~ =Jy._;. .,~ '•; `J ~=~7~' ~ ENGINEERING DIVISION Im VICINITY MAP ASSESSMEM' DIAGRAM IANOSCAPE MAINTENANCE DISTRICT NO.,~ ANNEXATION N0. 48 z I ~ U ~i 1f;~ ,~,1~~ II •:Stil',2~1 it0 ~ I b ~ PJ LL519E ROAD ``~~'^ CITY OF RANCHO Cl.'CAIVIOIVGA ~,~ ;~~ ! it ! ~ h] -~'~' ~ ENGINEERING DIVISION C~- - --> VICINITY MAP Im ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO..Z ANNEXATION N0. Q8 Z w c r- ~_ s d a CSC. SIA .~,/ `^, CITY OF RANCHO CI.~A~lO~'VGA 3>~~, ,> ,,, ; ENGINEERING DIVISION ~~ 6 _.> VICINITY MAP im N ~ ~w~ 1~ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. Z ANNEXATION N0. 48 i e ar. e C 4 ~ b' I lE I~7 I !B Il + I ~~I i~ ~lt l N~1 ='I .79 I Je 177~I .N .7S ~ I~ rr c r 4 = 9 2 /J /6 2/ ~ f! ] Y9 J2 5 ~ A /t /7 2~ ~ ZS 2d ~~ 3J e o°>y'~~' CITY OF RA(VCHO CUCA,~IONGA ~~ + ~~ a~~~.' ~~ i ENGIiVEERIYG DIVISIO(Y ~' ~ ~ VICINITY MAP im ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.,2 ANNEXATION N0. Q8 ~.c v~ ;s,/~` CITY OF RA(VCHO CtICA,~IONGA ~ , _~ ~r~' ~ ENGINEERING DlV1SION ~~ ~g vlclutTV tit,w ~~n N RESOLUTION N0. $~ "3 ~P~ A RESOLUTE GV OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE M4INTENANCE DISTRICT N0. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION N0. 48 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 ANO OFFERING A TIME ANO PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descri Lion of Work: That the public interest and convenience r-eq~e an s e nten ion of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance rod operation of those parkways and facilities thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of zny sprinkler system, trees, grass, p?antings, landscaping, ornament a? lighting, structures, and walls in connection with said parkways. SECTION 2. Location of Mork: The foreaoina desrrihed work is to ho located within roadway r---igFE=o~and landscaping easenents of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 48 to Landscape Maintenance District No. 1", SECTION 3, Description of Assessment District: That the contemplated worcr, in the opinion of s~~i' y1-Council is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district 1s assessed to pay the costs and expenses thereof, and which District is described as follows: All that certain territory of the City of Rancho C" i ^',ud wit ? t - t `-~ _camonga n. ed ,. h n he ~x erior „~undarv lines shown upon that certain "Map of Annexation No. 48 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within khe proposed assessment district and which map is on file in the office of the City Clerk of said City. -~ RESOLUTIGN PAGE 2 SECTION 4, Report of Engineer: The City Council of said City 6y Resolutionn No.~Fias approv~t of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 48, Landscape Maintenance District No. 1^ is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. SECTION 5. Collection of Assessments: The assessment shall be collecte a t e same t me an n t same manner as County taxes are collected, The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year wtll be determined. SECTION 6. Time and Place of Hearin Notice is hereby given that on July >~I48$, at fh~rour o .~1. in a City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and alt persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clark of said Cfty prior to the time set for the hearing, and no other protests or obJectfons will be considered. If the signer of any protest fs not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property Jexriueu in Lin: pruiesLs, ~.iren such process must consa7n or oe accompanlea oy written evfdence that such signer is the owner of the property so described. SECTION 7. Lands ca in and Li ~hh~_t_i_ng~Act of 1972: All the work herein propose s all a ne an Carr e~ rouf~fn pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of intent ton: Published notice shall be mete pursuant o ect on a t e overnment ode. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The DaSly Report, a newspaper of general circulation pu611shed in the City of Onfa~o, l:aTi~o~nt a; and circulated to the City uE RdriciiU Cucamonga, Cai if orni a. ~~/ X57 - CITY OF RANCHO CCCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: June 1, 1988 City Council and City Manager Russell H. Maguire, City Engineer Steran P.llen, Assistant rival Engineer Setting of public hearing for June 15, 1988, for consideration of vacation of vehicular access rights for driveways on the Mest side of Jasper Street between Lomita Drive and Sierra Vista Drive and an emergency vehicular access on Lomita Drive RECBIIEIWTIBM: Staff recommends that the publlt hearing be set for June 15, 1988, for consideration of vacation of vehicuiar access rights for two driveways on Jasper Street and an emergency vehicular access on Lomita Drive. Background/Analysts IIIC uCI MY IwCII LI UI1tlJ Jr irCOq]a viii ciiuw u~~caa ii vin Jdipc, +il, cc is w the proposed development at the Southwest corner of Jasper Street and Lomita, refered to as Conditional Use Permit 87-19 which was approved by the Ctty Planning Commission on July 22, 1987. Respectf 1 matted, / ` RHM:SA:~h Attachment «g RESOLUTION N0. ~~ ' ~ (~P J 9 r z v1 r . ; 4 ~.. u J w Yl rj ~ J Z w w 4 w O z 0 .J s follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE OF VEHICULAR ACCESS RIGHTS FOR TNO DRIVENAYS ON JASPER STREET AND AN EMERGENCY VEHICLE ACCESS ON LOMITA DRIVE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as SECTION 1: That the City Council hereby elects to proceed under Section 8'~seq., of the Streets and Highways Code, also known as the Street Vacation Act of 1941. SECTION 2: That the City Council hereby declares its intention to vacate ve cu ar access rights for tyro drivewa,VS on Jasper Street and an emergency vehicle access on Lomita Drive, a City street, as shown on Map No. V-081 on file 1n the Office of the City Clerk, a legal description of which is attached hereto marked Exhibit "A' and by reference made a part hereof. SECTION 3: That the City Council hereby fixes Nednesday, the 15th day of June,-fDBI~ at 7:30 p. m., in the Lions Park Community Center euilding, located at 9161 Base Line, Rancho Cucamonga, California, as the time and Dl ace for hearing all persons objecting to the proposed vacation for the purpose of its determining whether said City street is necessary for present or prospective street purposes. SECTION 4: That the City Street Superintendent shall cause notices to be post~icvously along the line of the street or part thereof proposed to 6e vacated at least 10 days before the hearing, not more than 30 feet apart and not Less than three signs shall be posted, each of which shall have a copy of this resolution on them and shall have the following title in lettering not less than one inch 1n height: "NOTICE OF HEARING TO VACATE STREET". SECTION 5: The subject vacation shall be subject to the reservations and except o-i ns, 1i any, for existing utilities on record. SECTION 6: The Mayor shall sign this Resolution and the City Clerk shall attes~lo fFe same, and the City Clerk shall cause same to be published 10 days before the date set for the hearing, at least once 1n The Daily Reuel Pi, a flewtnaper of nannrai ~i rcDlati3.^. pDblis"zd ii, Llie amity V unGarlo, ~ffornia, and circulated 1n the City of Rancho Cucamonga, California. /^~-- ~ ~5~ A Metes and Bounds description of the lim+ts of emergency non-vehicular access rights along the south side of Lomita Drive as shown on plat of Tract 8383, recorded in Book 116, Page B1 of Maps, Records of San Bernardino Countv, to be vacated by the City of Rancho Cucamonga in favor of the Sierra Baptist Church: A 26.00 feet wrde emergency access, the centerline of which is described as follows: comment rng at the centerline intersection of Jasper Street and Lomita Drive (60 feet wide); Thence 5 89° 28' 10" W a distance of 87.00 feet to the beginning of a curve concave to the north and subtending a central angle of 16° 4C' 53", Thence continuing westerly along said centerline curve an arc distance of 58.23 feet to a point of reverse curvature with a centerline curve concave to the south, a radial passing through said point bearing N 16' 09' 03" E; Thence continuing along said centerline curve an arc distance of 57.38 feet to a point of tangency; Thence S 09° 42' 43" W a distance of 46.80 feet; Thence S 0° 17' 17" W a distance of 18.00 feet to a point on the southerly curb of Lomita Orive, said point be rng the TFUE POINT OF BEGINNING; Thence continuing 5 0° 17' 17" W a distance of 12.00 feet to a point on the southerly right-of-way line of Lomita Drive, said point being the Pornt of Endrng of the emergency access. ~~r ~1~. ~~~z ~N~ u;~. IYV. LJO14 Exp. 12i31l891,~ C A~ J.N. 87-605A Exhibit "A-2" ' ~ vl.J A Metes and Bounds description of the limits of all non-vehicular access rights along the west side of Jasper Street as show r. on plat of Tract 6383, recorded in Book 116, Page 81 of Maps, Records of San Bernardino County, io be vacated by the City of Rancho Cucamonga in favor of the Sierra Vista Baptrst Church: Access 1 35 feet wide, the cenierli ne of which is described as fellows: Commencing at the centerline intersection of Lomita Drive and ,Ta <osr Rr seat a chn rF> °F,. en m. . q .vo ..n .nmunr...n _anr Map; Thence S 0° 31' S0" E along the centerline of Jasper Street (66 feet wide) a drstance of 160.CC feet; Thence 5 89° 26' 10" W a distance of 22.00 feet to a pornt on [he westerly curb line of said Jasper Street, said point being the TRUE POINT OF BEGINNING; Thence continuing 5 89° 20' 10" W a distance of 11.00 feet to the right-of-way line of said street, said line being the Point Ending of Access 1. Access 2, 35 feet wide, the centerline of which is described as follows: Commencing at the centerline intersection of Sierra Vista ... ~..,.. ,..... .: ., r.. ., ... ~~.. ,.,.. .«~ ..... , Thence 5 69° 42' 43" W along the centerline of Jasper Street a distance of 14.05 feet [o a point of tangency w¢th a curve concave to the northeast and subtending a central angle of 24° 04' 23"; Thence along said centerline curve an arc distance of 105.03 feet to a pornt on said centerlines a radial passing through said point bearing 5 23° 32' 33" W; Thence S 23° 37' 33" W along said radial line a distance of 22.00 feet to a point on the westerly curb of Jasper Street, said point being the 'PP UE POINT OF BEGINNING; ,~~ ~ T..cn== ront.n:.iny G 23+° 2' 33" , ri aiony said radiai ilne .Z I l', ~ T a distance of 11. 00 feet to the right-of-way line of said f No ~ m 23814 A street, said line being [he Point of Ending of Access . 2, and the side lines of said Access 2 being shortened * E%p. 1231/89 * or lengthened as necessary to meet said curb line and e a said right-of-way line. C Al J.N. 67-SOSA Exhibit "A-I" ~~~1 / ORDINANCE N0. 349 AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OP RAN(EO (D CAM)NGA, CALiR1ANIA, APPROV IAG DEVffi.OPMENT DISTRICT AlENDMBNT 88-05, REQIIESTING A (RANGE IN 111E DEVELOPMENT DISTRICL DESIGNATION FROM ^FC^ (FLOOD CONTROL) TO ^LM^ (i,Cx]-MRDTIIM RRg LDRNTIAL) PDR A 1.06 ACRE PARCEL LOCATED N(Ht111 OF HIGHLAND AVENDE. WEST OP MII.L IREN AVHNIIE - APN: A PORTIDN OP 201-271-55 NFIEREAS, on the 27th day of April, 1988, the Planning Commission held a duly advertised public Leering pursuant to Section 65854 of the Cal ifotnia Government Code and remmnended to the City Co:acil adoption of a change in the district designation from Flood Control to Car-Medi:mm Residential. WHBREAS, on the 18th day of Mey, 1988, the City Council held a duly advertised public hearing pursuant to Section 65864 of the California Government Code. SHCTION 1: The Rancho Cucamonga City Council hoe made the follar ing findings: 1. TAat the subject property is suitable for the uses permitted in the propo eed district in tetras of access, size, end competibil ity with existing land 2. That the proposed District Mange aould not have eignif scant impacts on the emrirorment, nor the surrounding props rtiea; end 3. That the propoce District change to in conformance with the General Y1 en. SBCTION 2: The Rancho Cucamonga City Council hoe found that this project will no[ create a eignif scant adverse impact on the emirorment and approves issuance of a Negative De cl erntion on Hey 18, 1988. NCW, 1HERER)RE, HE IT RBSOLVBD: m,.e. nn• ~mri nn nSR50 rn FiR55 of the i'wi ifornia .. .__~ .......~~ t^ Goverrseent Code, that. the City Council of the City of Rancho Cucamonga hereby approves on [he 18th day of Msy, 1988, Development District Amendment 88-05, changing the Development District Deeignstion ftc~ Plood Control to Loa-Medico Residential Fora 1.06 acre parcel located north of Highland Avenue, west of Milliken Avenue, end east of Deer Creek Channel. // Q ORDINANQ' N0. 350 AN ORDINANCE OP THE CITY COUNCIL OP THE CITY OF RANCHO C1 CAlDNGA, CALI R)RNIA, SECTION 10.20.020 OP THE RANCHO CU CAMDNGA CITY CODE, REGARDING PR ISIA PA C/8 SPEED LIMITS UPON CERTAIN CITY STREETS A. Recitals (i) California Vehicle Code Section 22357 prw ides that. this City Council may, by ordinance, set prima facie speed limits upon arty portion of any street not o state higlmay. (ii) The City Traffic engineer has conducted sn engineering and traffic survey. of certain etreeta within the City of Rancho Cucamonga which etreeta as ape cif ied in Part H of this Ordinance. (iii) The de teainatione concerning prima facie speed limits set forth in Pert 8, bel w, are ba eed upon the engineering and traffic survey identified in Section A (ii), above. B. Ordinance NOW, THEREFORE, TRR CITY COUNCIL OF 1NE CITY OF RANQ10 OJ CAMDNGA DOES HEREBY ORDAIN AS RILLOWSs SECTION 1 Section 10.20.020 hereby ie amended to the Rancho Cucamonga City Code to reed, in vor de and figur ea, es fol law e: 10.20.020 Decrease of state low max imam speed. It is determined by City Council reeolut ion end upon the baeie of an engineering end traffic im eatigation that the speed permitted by state law ie greater then ie reasonable or safe under the conditions found to eater upon such etreeta, end it is decl Bred theT the prima facie speed limit shall he ae set forth in this section on the ae streets or perte of sueete designated in this section rhen signs ere erected giving notice hereof: De cl aced Prime Facie .. scse sae AneoA S.imir iMrni 1. Archibald Avenue - Batryen to North end 50 2. Arcfi ibeld Avenue - Fourth St, to Hartyan St. 45 3. Arrow Route - Baker to Haven 45 4. Baker Ave, - 8th St. to Foothill Blvd. 35 5. Batty nn Street from Beryl St, to London Ave. 35 ~~~ Ordinance No. 88-350 Page 2 Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPH) 6. Barry an Street - from west City limits to Heryl Street 40 7. Base Lure Road - Carnelian to Haven 40 H. Base Line Road - Hermosa to Haven 45 o, a„ae i.ino Rnwd - Voat City limit to Carnal ten 45 10. Beryl Street - Barvyan to end 45 11. Beryl Street - 800' n/o Lemon to Hanyan 40 12. Carnelian Street - Foothill to end 45 13. Center Avenue - Foothill Blvd. to Church St. 40 14. Church Street - Archibald Ave. to Haven Ave. 40 15. Church Street - Haven to Elm 40 16. Eighth Street - Grove to Haven 45 17. Etiwanda Avenue - Foothill to Highland 45 18. Grove Avenue - Eighth to Foothill 40 19. Haven Avenue - Highland to Wil eon 50 20. Hellman Avenue - Foothill to Alta Loma Dr. 35 21, Hellman Avenue - 500' n/o of Manz ant [a to Val lay view 40 22. Hel lmen Avenue - 6th to Foothill 45 23. Hermosa Avenue - Base Lire Roed io Wil eon Ave. 45 24. Hermosa Avenue - Wilson to Sun Valley Dr. 40 25. Hermosa Avenue - Foothill to Eighth 45 26. Hermosa Avenve - Sese Line Rd, to Foothill B1. 45 27. H1gF.l and Avenue - Ametfiy et to Archibald 35 io. nigi.i ouJ n ............... ... cG..C to Hermosa Avenue 35 29. Highl end Avenue - Hermosa Avenue to 800' west of Haven 45 30. Hil leide Roed - Ranch Gete to Amethyst Se, 35 31, Lemon Avenue - Arch ibeld Ave. to Haven Avenue 40 32. Lemon Avenue - Jaepet St. to Beryl St. 35 33. Ninth Street - Baker Ave. to Arch ibeld Ave. 40 34. Red Hill Country Qub Dr. - Foothill to Alta Cue eta 35 35. Rochester Ave. - Foothill E1. to Baee Line Rd. 50 36. San Bernardino Raad - Vireyard Ave. to Arch ihald Ave. 35 37. Sepphi to Street - Heny an co end 45 3R. Sapphire Street - 19 rh to Lemon 40 39. Spruce Avenue - Elm Avenue to Haee Line Rd, 40 m..w .. r.,....n •~ ao~..l ., ____ _ _y _ __ ___ .. ~ ^ o nG 41. P.emone St. - Arcfi ibeld Ave. to Street Vict or ie 35 42. Victoria Street - Etiwanda Ave. to Route 15 40 43. Victoria Street - Haven Ave, to Mendocino PI. 40 44. Victoria Park Lene 35 45. Victoria Windrwe Loop (north 6 south) 35 46. Vineyard Avenue - Church to Saee Line Rd. 40 47. Vireyard Avenue - 8th St. to Foothill Hlvd. 45 48. Whittrem Ave. - Etiw ands to east City Limit 40 I ~^ L Ordirence Na. 350 Pnge 3 Declared Prima Pacie Name of Street or Portion Affected Speed Limit (NPR) 49. Nil son Ave. - Amethyst Ave. to Archibald Ave. 40 50. Nil eon Ave. - Archibald Ave. to Neven Ave. 45 51. Nilson Ave. - Haven Ave. to 200' e/o Canietel Ave. 40 Inra. 1<o mc. _c~ 1 (parel~ 10g2~ QvA~ 7H Cn~tinn S.t~ 10]Q1, 9gnnhn Cucamonga 5/ffi 124 (i) Both eizty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which axe more than nre reasons hle or safe; (ii) The miles per hour ee stated are the prime facie speedo which are moat appropriate to fecil itate the orderly movment of traffic and are speed limits which ere reaeotuble and safe on said streets or portions thereof; (iii) The mil ee per hour stated are hereby declared to be the pr iaa facie speed limits on said a[reete; and (iv) TLe Traffic Bngireer i• hereby authorized and directed to inetsll appropr iete signs upon said streets giving notice of the pr La facie speed limit declared 'Herein. SECTION 2 The City Clerk ehali certify to the peaeage of this Ordirence and an ei• cause car name w i.e puiri ieiwu cc aey ~i ic.: Ly io.. SECTION 3 The Mayor shell sign this Ordi Hence and the C1ty Clerk shall cause the same to be publ iahed within fifteen (IS) days after its passage at least once in The Deily Report. s new ape per of general circulation published in the City of Ontario, Cal ifornie, end circulated in the City of Rancho Cucamonga, Cal ifornie. ' I1 1~3 CITY OF RANCHO CUCAMONGA STAFF REPORT }~. DATE: June 1, 1988 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Miki Bratt, City Planner j SUBJECT: A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN, GPA 87-04G, FROM LOW-MEDIUM RESIDENTIAL 14-8 DNELLI NG UNITS PER ACRE) TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR A SENIOR HOUSING PROJECT ON 5.05 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIDALD AVENUE, RANCHO CUCAMONGA, CALIFORNIA, AND MAKE FINDINGS IN SUPPORT THEREOF AN ORDINANCE OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP, DDA 87-05, FROM LUiI-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TC HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) ATTACHED KITH THE SENIOR HOUSING DVERLAY DISTRICT (SHOD) FOR A 5.05 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE, RANCHO CUCAMONGA, CALIFORNIA, AND MNCE FINDINGS IN SUPPORT InCNCUr A RESOLJTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT N0. 87-02 SENIOR CITIZENS' HOUSING" CONCERNING THAT PROPERTY LOCATED SOUTH OF BASE LINE ROAD, NEST OF ARCHIBALO AVENUE, IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE LAIR USE MAP OF THE GENERAL PLAN, GPA 87-04H, FROM LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO OFFICE FOR A 1.69 ACRE PARCEL LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, RANCHO CUCAMDNGA, CALIFORNIA, AND MAKE Fi nui Wi,S IN SU"r'rvRi iri'cR-cOF AN ORDINANCE OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP, DOA 87-06, FROM LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO OFFICE/PROFESSIONAL FOR A 1.69 ACRE PARCEL LOCATED ON THE WEST SIDE OF ARCHIBAID AVENUE, SOUTH OF BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, AND MAKE FINDINGS IN SUPPORT THEREOF CITY COUNCIL STAFF REPORT GPA 87-04G, DDA 87-05, DA 87-02 GPA 87-04H, and DOA 87-06 June 1, 1988 Page 2 AN ORDINANCE OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP, DDA 87-06, FROM LON-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO OFFICE/PROFESSIONAL FOR A I.69 ACRE PARCEL LOCATED ON THE NEST SIDE OFy ARCHIBALD AVENUE, SOUTH OF DASE LINE IlOAO, RANCHO ~iVI.MICi.'G,., CALiFORNiA, Ah"u MAKC FINDINGS IN SUPPORT THEREOF I. RECU4MENDATION: Adoption of the above package of Resolutions and r na't>-d nc~pared by staff at the direction of the City Council. II. BACKGROUND: Following a duly notlted public hearing on May 18, T9B8~City Council moved adoption of GPA 87-04G, DDA 87-05, DA 87-02, GPA 87-04H, DDA 87-07, DR 87-33 and DR 87-34 for the purpose of building a 170 unit senior housing protect under provisions of the Senior Housing Overlay District and a related 22,500 square toot medical office building on adtacent property. A. Development regiment (See Attached Exhibit "I"): At the reque~of ~ e y ounc a ve oilmen _regiment will: o provide a 20 year te!m of agreement. o provide that 50% of the units will be reserved for low and IIIUUera ie III~Ueie flW 5eh01 D5. In addition, the requirement for fee title will be deleted from the agreement. B. Develo ent Review: The City Council directed staff to prepare eso u ons o proval for Development Review 87-33 and 87- 34. These items are discussed in a separate report. III. SUMMARY: The action before the Council is the adoption of the a c e Resolutions and Ordinances in support of the Senior Housing protect under the Senior Housing Overlay District and Resolutions and Ordinances in support of the related Medical Office p~tect site. // // n_LL__V t..~,.. ,.L .r L~_1 // R /R ClV 11J U1 (I.L f d8 City Plap er 8B:M8:vc ~ (~5 CITY COUNCIL STAFF REPGRT GPA 87-04G, DDA 87-06, DA 87-02 GPA B7-04H, and UDA 87-06 June 1, 1988 Page 3 Attachments: Exhibit "1" Development Agreement 87-02 Resolution Adopting General Plan Amendment 87-04G Ordinance Adopting Development District Map 87-06 Resolution Adopting Development Agreement 87-02 Resolution Adopting General Plan Amendment 87-04H Ordinance Adopting Development District Map 87-06 I10~ RESOLUTION N0. ~ ~ ' ~ Ca ~- A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE LANG USE MAP OF THE GENERAL PLAN, GPA 87-04G, FROM LON-MEDIUM RESIDENTIAL (4- 8 DWELLING UNITS PER ACRE) TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR A SENIOR HOUSING PROJECT ON 5.05 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, NEST OF ARCHIBALD AVENUE, RANCHO CUCAMONGA, CALI FJ.°.HTA, lL90 !"'..{P.E FI ROIN.9S IN SUPPORT THEREOF A. Recitals. (i} Nourse Development has filed an application for General Plan Pmendment 87-04G as described in the ti tie of this Resolution. Hereinafter in this Resolution, the subject General Plan Pmendment is referred to as "The Application." (ii) On April 13, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed pu611c hearing on The Application and concluded said hearing on that date. (iii) On May i8, 1988, 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. (iv) A11 legal prerequisites to the adoption of this Resolution have occurred. 0. Resolution. NON, THEREFORE, it is hereby found, detenni ned, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Commission 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 May 18, 1988, including written and oral staff reports, together with public testimony ,this Council hereby specifically finds as follows: (a) The Application applies to a 5.05 acre parcel of land ~. ,. ,,.. n,. ..,. _~,_.._..,-- ~~~ r anyy^u.ar - CLin gym a~i vn, iui.ated un the iuu th iide of Bdie Line Road,~west of~Archlbald Avenue. Said property 1s currently designated as Low- Medium Resfdenttal (4-8 dwelling units per acre) on the Land Use Map of the General Plan and is currently developed with an older single family residence with the remainder of the site vacant land with a concentration of trees adjacent to Base Line Raad; and JSb CITY COUNCIL RESOLUTION N0. GENERAL PLAN AMENOMENi 87-04G June 1, 1988 Page 2 (b) The property to the north of the subject site is designated Neighborhood Commercial on the Land Use Map of General Map and consists of a neighborhood commercial shopping center, the property to the south of the subject site is designated Low Residential (2-4 dwelling units per acre) on the Land Use Map of the General Plan and consists of vacant land and low density single family residential, the property to the east is designated Neighborhood Commercial on the Lana Use Map of the General Plan and consists of a neighborhood commercial shopping center, and the property to the west is designated Low Residential (2-4 dwelling units per acre) on the Land Use Map of the General Plan and consists of low density single family residential; and (c) The Application requests the Nnendment of the Land Use Map of Lhe General Plan from Low-Medium Residential (4-8 dwelling units per acre) to High Residential (c"4-30 dwelling units per acre) for the 5.05 acre parcel; and (d) The Application would be consistent with the Land Use Element of the General Plan, would not result in potentially significant adverse impacts to persons and property in the imiediate vicinity of the subject site, and would be in the best interests of the health, safety, and welfare of the citizens of the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of fact set forth in paragraphs 1 and 2 above, this Council herebv finds and conciuaes tnat the application would be consistent with the objectives of the Land Use and Housing Elements of the General Plan, would be 1n the best interests of the City of Rancho Cucamonga, and would protect the health, safety, and welfare of the citizens of Rancho Cucamonga, California. 4. in conjunction with The Application, an Initial Study; Preliminary Environmental Assessment, in conformity with the requirements with the California Environmental Quality Act, has been prepared. The City Council has determined that this project would not have a significant adverse effect on the environment and hereby adopts a finding of no significant impact and the issuance of a Negative Declaration. 5. Based upon the findings and conclusions set forth 1n paragraphs 1, 2, and 3 above, this Council hereby approves The Application. I I - I~ t ORDINANCE N0. ,~ AN ORDINANCE OF THE RANCHO CUCAMONGA CITY COUNCIL PPPROYING A REQUEST TO AMEND THE DEYELOPMENT DISTRICT MAP, CDA 87-05, FROM LOw-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) ATTACHED KITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD) FOR A 5.05 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, NEST OF ARCHIBALD AVENUE, RANCHO CUCAMONGA, CALIFORNIA, AND MAKE FINDINGS IN CIDDnRT ?HEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law on April 13, 1988, concerning the rezoning of the property hereinafter described, and this City Council has held a public hearing in the *-ime and manner prescribed by law on May 18, 1988, and duly heard and considered the Planning Commission's recommendation. B. That this rezoning fs consistent with the General Pion of the City of Rancho Cucamonga. C. That this rezoning is consistent with the obiectives of the Development Code of the City of Rancho Cucamonga. D. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner~~ed, and the zoning map is hereby amended accordingly. That pursuant to Section 65850 to 65855 of the California Government Code. the City Council of the City of Rancho Cucamonga hereby approves on the 1st dw "` June, 1958, DEVeiGyinri,t District Amenament 87-05, changing the district designation from Low- Medlum Residential (4-8 dwelUng units per acre) to High Residential (24-30 dwelling units per acre) attached with the Senior Housing Overlay District (SHOD) fora 5.05 acre parcel located on the south side of Base Line Road, west of Archibald Avenue, Rancho Cucamonga, California, APN: 208-031-18 and 19. 0~ oRDINAxcE ao. / ) K' AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT NO. 87-02 SENIOR CITIZENS' HOUSING" CONCERNING THAT PROPERTY LOCATED SOUTH OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE, IN THE CITY OF RANCHO CUCANONGA, CALIFORNIA; AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF RANCHO CUCAMONGA. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: ^(a) Tho lack of certainty in the approval of development projects can result in a wae::e of resources, escalate the cost of housing and other developments to the consumer, and dlscourags investment in and commitment to compreheneivs planning which would make maximum efficient utilization of resources at the least economic coat to the public. "(b) Assurance to the applicant for a devaloomwnt project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to condi- tions of approval, will strengthen the public planning process, encourage private participation in comprehen- sive planning, and reduce the economic costs of develop- ment." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. ." (iii) California Government Code Section 65865.2 provides ae follows: "A development agreement shall specity the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and Ordinance No. Page 2 size of proposed buildings, and provision for reservation or dedication oL land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. ." (iv) Calltornia Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the Development Coda and Land Uae Element of the General Plan when a developer agrees to construct houeinq Lor low income senior households. (v) Attached to Chia Ordinance, marked as Exhibit "1" and incorporated herein by this reference, is a proposed Development Agreement concerning that property located generally south of Base Llne Road and west of Archibald Avenue, in the city of Rancho Cucamonga, end as legally described in the attached Development Agreament. Hereinafter in this Ordinance, that agreement attached hereto as Exhibit ^1^ ie referred to as "the uevelopmenc wgreamant.^ ~(vi) concurrent with the adoption of this ordinance, the City Council hea adopted ordinances amendlnq both the General Plan classification for the subject property from Loa Medium Residential to High Residential and the Development District classification for sucA property tram a Low Nedius Residential District to a High Reaidantial District with a senior Housing Overlay. Tha proposed developer of the property and the City desire to provide through the attached Dawlopmant Agreament specific development options end controls on the slte which will provide for maximum efficient utilization of the site in accordance with sound planning principles, all in accordance with the above-referenced provisions of law, and to meat a public need for senior citizen houeinq for persona o! low income levels. (vii) On April 13 , 1988, the Planning Commission of the City of Rancho Cucamonga helfl a duly noticed public hearing concerning the proposed Development Agreement Ordinance No. Page 3 (viii) This Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Oevelopment Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (ix) All legal prerequisites prior to the adoption oP this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it Rereby is ordained 6y the council of the City of Rancho Cucamonga as follows: 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. 2. The City Council of the City of Rancho Cucamonga hereby finds and concurs with that Negative Declaration adopted with respect to the prof act and Linda that it has bean prepared in compliance with the California Environmental Quality Act of 1970, ae amended, and the Guidelines promulgated thereunder, and that this Council has reviewed and considere8 the information contained in said Negative Declaration with respect to the project identified in this Ordinance. 3. This Council specifically finds that: (a) Tha location, design and proposed uses set forth in the Development Agreement are compatible With the character of existing development in the vicinity; (b) The Development Agreement will produce internally an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets; (c) The proposed development will be well integrated into its setting; and idi the Leva_ionm_an+_ Lnr<mm~nr _~_r s~~e «~ •w~ General Plan of the City of Rancho Cucamonga. ~V 4. It is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. 3 Ordinance No. Page 4 5. it is further found that the increase in unit density to 35.05 dwelling unite per acre is in the beet interests of the public health, safety and welfare since the project as contemplated will be occupied by senior households of low intone, in conformance with the provisions of California Government Code Section 65915. 6. This Council Rereby approves the Development Agreement attached hereto as Exhibit "1." 7. It for any reason the above-referenced ordinances amending the General Plan and Development District designations on the subject property do not become affect lva, this Ordinance and the attached Development Agreement shall be deemed null and void. e. This Council hereby authoriaea and directs the Mayor and the City Clerk to execute the Development Agreement on behalf of the City of Rancho Cucamonga forthwith upon adopting this Ordinance. 9. The City Clerk shall certi ty to the passage of this Ordinance and shell caves the same to be published within fifteen (15) days after its passage at least once in The Daily Report of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 1968. PASSED AND ADOPTED this day oP I, BEVERLY A. ADTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the Loregoinq Ordinance was introduced et a regular meeting of the City Council oP the ..<. .~y of rancho .;aCamoiiy6 heid on the day of , 1988, and was finally passed at a regular meeting of the C ty Council of the City of Rancho Cucamonga held on the day of 1988, by the following vote: Ordinance No. Page 5 AYES: COUNCIL MEMEERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMEERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Beverly A. Authelet, C ty Clerk City of Rancho Cucamonga S\174\ORDSRCIT\RC 6.4 RESOLtI~I&lkllff.'`"'~>Z7 ~ `~ -~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT N0. 87-02 SENIOR CITIZENS' HOUSING" CONCERNING THAT PROPERTY LOCATED SOUTH OF BASE LINE ROAD, NEST OF ARCHIBALD AVENUE, IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA n. Rev itai 5. (il California Government Code Section 65864 now provides, in pertinent part, as follows: The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and cowaitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant fora development project that upon approval of the project, the applicant may proceed with the project fn accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private yarcic ipaa on in comprehensive planet ng, ana reauce cne economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city..., may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article....' (iii) California Government Code Section 65865.2 provides as follows: 'A development agreement shall specify the duration of the dy'rzeme nt, iiie permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provision for reservation ar dedicatfon of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the densit,~ or intensity of development set forth in the agreement..,. 1~3 CITY COUNCIL RESOLUTION N0. DEVELOPMENT AGREEMENT 87-02 June 1, 1988 Page 2 (iv) California Government Code Section 65915 provides that city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the Development Code and Land Use Element of the General Plan when a developer agrees to construct housing for low income senior households. (v) Attached to this Resolution, marked as Exhibit "1", and incorporated herein by this reference, is a proposed Development Agreement concerning that property located generally south of Base Line Road and west of Archibald Avenue, in the City of Rancho Cucamonga, and as legally described in the attached Development Agreement. Hereinafter in this Resolution, that agreement attached hereto as Exhibit "1" is referred to as "the Development Agreement." ~vi) Concurrent with this Resolution recommending approval of this Development Agreement, the Planning Commission has adopted Resolutions recommending approval for both the General Plan classification for the subject property from Low-Medium Residential to Nigh Residential and the Development District classification for such property from a Low-Medium Residential District to a High Residential District with a Senior Housing Overlay. (viii) On April 13, 1988, the Planning Commission of the City of ~~jRancho Cucamonga held a duly noticed public hearing concerning the proposed Development Agreement and concluded said hearing on that date. iini nii leyai prel'eyu illlep prior CU Lhe d00pLlen of Lnls Resolution have occurred. B. Resolution. NOW, THEREFORE, 1t is hereby ordat ned by the City Council of the City of Rancho Cucamonga as follows: 1. In all respects as set forth in Recitals, Part A, of this Resolution. r In conjunction with this Development Agreement, an Initial StuQy/Pre iminary Environmental Assessment, in conformity with the requirements of the California Environmental Quality Act, has been prepared. The Council has determined that this project would not have a significant ad~ie r~~ niGC~t nn tAe n~~~,.- cn I,vpplellt, and Ilereby adOpLS a finding or no sfgnificant impact and the issuance of a Negative Declaration by the City Council. This Council specifically finds that: (a) The location, design, and proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity; OT CITY COUNCIL RESOLUTION N0. 6EVELOPMENT AGREEMENT 87-02 June 1, 1988 Page 3 (b) The Development Agreement will produce internally an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets; (c) The proposed development will be well integrated into its setting; and (d) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. 4. It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. 5. [t is further found that the increase in unit density to 35.05 dwelling units per acre is in the best Interests of the public health, safety, and welfare since the pro,~ect as contemplated w111 be occupied by senior households and a substantial number of units will be reserved for lower income senior households in conformance with the provisions of California Government Code Section 65915. 6, This City Council approves and adopts Lhe Development Agreement attached hereto as Exhibit "1". 0~ DEVELOPMENT I~GREEMENT NO. 87-02 88NIOR CITIZENe~ HOOKING THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between PETER 11. NODR88, dba NODABE DEVELOPNENT CO., a sol• proprietorship ("Developer") and the CITY OP RANCHO CDCANONGI\, a municipal corporation organized and existing under the laws of the State of California ("City"). WSTt[E&EETH: A. Recitals. (i) California Government Coda Sections 65864 et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) California Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density eatablishad in the development coda and land use element of the ganaral plan when a developer agrees to construct housing for low income senior households. (iii) Developer has requested City to consider the approval of a development agreement, with a density bonus. pertaining co coat real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iv) The site is now zoned Hiqh Residential with a Senior Housing overlay District pursuant to the provisions of City~s Developmart Code, as amended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (v) The Developer proposes to construct a senior housing residential projgg}, including lcw income units, within tiie Cicy. Sold project contemplated by Developer will require an increase in the maximum danaity as currently provided in the Senior Housing Overlay District. (vi) It is the desire o! City to encourage developments designed to provide of lordabla rental unite for senior residents of the City. 2n furtherance of that desire, the City is hereby 1 willing to grant a density bonus to Developer as provided by ±he terms of this Agreement. \' i (vii) On ~,h,~; ! ~L, 1988, City adopted its ordinance No. ? =;,~ , thereby approving this Development Agreement with Developer and said action was effective on ~,( `(h _ 1988. ., B. Agreement. NOW, TNEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: "City" ie the City of Rancho Cucamonga. "Project" is the development approved by City comprised of one hundred seventy (170) apartment units, recreational and common area facilities, one hundred seventy (170) parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Development Review 87-77 submitted by Developer and approved by City, a copy of which is attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The site plan attaahed as Exhibit "B" inciuaea various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The project also includes the records of the applications by Developer, the proceedings before the Planning Commission and City Council oP City on file with the City and all such records and files in these matters are incorporated herein by this reference as though set forth in full. c. "Qualified Project Period" means the first day on which the residential unite in the development era first available for occupancy by Qualified Tenants and continuing for twenty (ao) years. t1Quaiif ied Tenants" shall mean persona or households who are at least fifty-Five (55) years or older and are senior citizens as defined in Section 51.3 of the caiiPornia Civil Coda as said sections era written as of the affective data of this Agreement. "Low Income Qualified Tenants" shall mean Qualified Tenants who also possess an income equal to or lava than eighty percent (80t) of the current County oP San Bernardino I ~~ median income as determined by the Federal Cepartment of Housing and Urban Development pursuant to Section 8 oP the United States Housing Act of 1937. Zn the event such federal determinations of area median income are discontinued, other means to determine the median income, as determined by the City, shall ba established for the County of San Bernardino, at eighty percent (8u$j of the area median income, adjusted for family size and revised annually. "Affordable Rents" shall mean those rents charged to Los Income Qualified Tenants, which rent shall be on an annualized basis equal to or less than thirty percent (3D}) of the eighty percent (SO}) of the current median income as established for such Qualified Tenants. For purposes of this definition, rents charged for all one (1) bedroom units shall be subject to computation based on eighty percent (ao}) of the median income for a two (2) person household. Rents charged for all two (2) bedroom unite shall be subject to computation based upon eighty percent (s0}j of the median income for all households for four (4) or more persons. "Effective Data" shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City's City Council. e. xecitais. •t•ne recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest Qj prooertv Owner. Developer warrants and represents that it hoe entered into an escrow or an agreement by which it ie to acquire full legal title to the real property of the Site and that it has full legal right to enter into this Agreement. 4• H.lIl~II$ FffanY 41 Agreement. Tha Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as eat forth in this Agreement. The City and the Developer hereby declare their specific intent that the covonaoCa, reservations an3 restrictions -s set forth herein shaii De deemed covenants running with the land and shall pass to and be binding upon the Devaloper~a successors and assigns in title or interest to the Development. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, IOq delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions aze set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the development is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga. 5. Relationship p; Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the anent of City Por any gurpose whatsoever. 6• Term sf Agreement. The term of the Agreement shall commence on the effective date and shall expire twenty (201 vearP aftPz cne commencement of the qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. Upon the conclusion of the qualified Project Period, and the expiration of this Agreement as provided herein, the Project shall be made to conform with all then applicable Development Code provisions. This Agreement shall be deemed to be terminated automatically if Developer does not obtain a Certificate of occupancy for the entirety of the Project within three (~) yaera of the effective date. 7. Restrictions Qn $431~.G1 S7LiCH• All tenants, occupants, and residents of apartment unite in the Project shall be Qualified Tenants. Said apartment unite shall not be rented, occupied, leased or subleased to occupants who era not Qualified Tenants except as provided ae follows: A person or parson who is not a Qualified Tenant, and is at least forty-five (t 5) yaera of age, may occupy an apartment unit it he or she occupies an apartment unit with a present occupant who is a Qualified Tenant and who provides primary physical or economic support to such Qualified Tenant; I~~ A person at least forty-five (45) years of age who is the spouse of a Qualified Tenant may occupy a unit with such Qualified Tenant; and A person or persons under fifty-five (55) yezrs of age may occupy apartment units as temporary tenants for a period of time not to exceed three (3) months during any calendar year. e. y~ Income Rental Requirements. During the Qualified Project Period fifty percent (50&) of the units in the Project shall be rented, leased or held available for Low Income qualified Tenants at affordable yenta, as defined herein. Additionally, at least sixty (60) days prior to any increase in rental rates, as computed by the terms of this Agreement, the Developer shall provide written notice of such increase to the City and all affected tenants. 9. Maintenance 9f Agartmenta ~,@, Rentals. During the term hereof, all apartment units in the Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhouses or any other common interest subdivision without consent of the City Council. 10. on_slte Manacer. A full-time manager shall be provided on the Project site. 11. Tenant Committee. Residents shall have the right to establish a committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Developer regarding the operation and facilities of the Project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Developer. 12. Submission 4S Materials ~ BDDyI~ Review, prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which beveloper intends to use to licit the occupancy oP the apartments to qualified Tenants and I.cw iriwme quaiified •I'enants. On or before March 15 of each year following the commencement of the qualified Project Period, tM Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as city mey require including, but not limited to, the Lollowing: 'i ~~ a. Rent schedules then in effect, including utility charges (if any); b. A project occupancy profile, including age, resident profile and number of automobiles owned by Project residents; c. A description of all written complaints received from residents; d. A certification that low income requirements have been met; e. A list of substantial physical defects in the Project including a description of repair or maintenance work undertaken during Lhe reporting year; and f. A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. City shall be allowed to conduct physical inspections of the Project as it sRall deem necessary, provided that said inspections do not unraaaonably interfere with the normal operations of the Project and reasonable notice is provided. The city shall further b® allowed to conduct an annual survey of residents in the Project in order to assess senior needs. 17. Tenant Seiection, Contracts ~$ $4i1S8. ~ Regulations. On receipt of an application for low income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this Development Agreement. Verification of tenant eligibility shall include one or more of the following Pactors: a. obtain an income verification Sorm from the Social Security Administration and/or the California Department of Social Services, if the applicant receives income from either or both agent see; b. Obtain an income tax return for the most recent tax years c. Conduct a zRw or similar financial search; d. Obtain an income verification from all current employsrsr and e. Zf the applicant is unemployed and has no tax return, obtain another form of independent verification. 6 Ir1L- Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of propose3 rent or lease agreement shall be reviewed and approved by City grior to the commencement of the 4uaiified Project Period. Such agreement shall include all rules and regulations governing tenancy within the Project. The rules and regulations shall include regulations which specifically authorize the keeping of small pets within all apartment units. 14. Termination ~ Eviction g;: Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: a. The death of the sole tenant of the unit; b. By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. Any termination oP a tenency other than those listed above iii ~i~ia pacayrapR 19 snail constitute an eviction. Developer shall only evict in compliance with the provisions of California law and then only for material noncompliance with the terms of the rental agreement. 15. Local Residenev. Residency preference shall be given where possible to applicants to thn Project who have been residents of the City of Rancho Cucamonga. However, that factor shall not be given priority over the other elements of Qualified Tenant selection as stated herein. 16. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times egainst loe^ or damage by fire or other risk covered by a standard extended coverage endorsement and such other risks, perils ~r coverage as Developer -ay data~mir~:. uurina the term hereof, the Project shall be insured to its full insurance replacement value. 17. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 113 18. Standards d~ Restrictions Pertaining ~4 Development of the Real property. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. only residential uses of the real property shall be permitted in the Project; b. The maximum density of residential dwelling units in the Project shall never be greater than 35.05 dwelling units per acre; c. The maximum height for the highest proposed building in the Project shall be fifty-five (55) feet; d. The maximum size for all the bu ildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in Exhibit "B" attached hereto; and e. The provisions for reservation or dedication of land for public gurposes are contained in the conditions for approval of Development Review 87-33. 19. Development Incentives. The City will grant Developer the following development incentives for development of the Project: a. The maximum density per acre on the site shall be increased to 35.05 dwelling units par acre; and b. The maximum number of required off-street parking spaces shall be lowered to one (1) parking apace per dwelling unit. 20. Proiect pgdjgp Amenities },~ Senlor citizens. Tha Project open space, buildings and individual apartments shall ba designed with physical amenities catering to the needs and desires of the senior citizen xesidants. In addition to those conditions sat forth in Exhibit "e" hereto, the following physical amenities shall be substantially included in the Pzaject: a. Elevator service shall be provided to all upper story apartments: b. All unite shall ba designed for handicap access; c. All unite shall possess secured entryways off a common enclosed hallway; d. Handrails shall ba provided in all hallways; 8 ~~q- Building space shall be devoted for tenant group meetings; and Recreational amenities shall include, but not limited to, putting greens and shuffleboard courts. 21. Indemnification. Developer agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Developer agrees to and shall defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to 4n this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, spec ificationa or other documents for the Project. 22. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent oP the parties and khan in the manner provided for in California Government C~Ao JeCLlona 65869 et seq. 23. Enforcement. in the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed Lo the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction o1 City within thirty (30) days after such notice is given, or if not corrected within each reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days ;provided that acts to cure thn breach or default must be commenced within said thirty (JD) days and moat thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this P.greement and, upan env such declaration of default, City may bring any action necrossary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief agalnet any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. I'75 24. Event Qg Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; If a finding and determination is made by a city following an annual review pursuant to paragraph 12 hereinabove, upon the basis of substantial evidence that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and cpportunity to cure as described in paragraph 27 hereinabove; or A breach by Developer of any of the provisions or terms of Chia Agreement, after notice and opportunity to cure as provided in paragraph 21 hereinabove. 25. jiQ Waiver Qg Bemediea. City does not waive eny claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not ba excused because performance by Developer of the obligations herein contained would be unprofita6la, difficult or expensive or because of a failure oP any third party ..: Ly, ..r Li,"c Limn Licy. wu ocnar remmmlea at law or in equity which era no4 othezwisa provided for in this Agreement or in city~s regulations governing development agreements are available to the parties to pursue in the event that there is a breach of this Gevelopmant Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 26. Aiohte 91 Landers Under Sh1S Agreement. should Developer place or cause to W placed eny encumbrance or Lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have tha right at any time during the term of this Agreement and the existence of said ancumbrnnca or lien to: Do any act or thing required o1 Developer under this Agreement, end any such act or thing done or performed by Lender shall ba as affective as it dons by Developer itself) 10 I ~~(j b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); c. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the fore- closure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. zy• Notice ~ 1&IiSigZ• city shall give written notice oP any default or breach under this Agreement by property owner to Lender and afford Lender the opportunity after service of the notice to: a. Cure the breach or default within sixty (60) days after service of said notice, where the default can be cured by the payment of money; ..• - a LLe uanaui~ or dexautc wicnln sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment oP money and can be cured within that time; or c. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot ba performed within sixty (60) days after said notice, provided that acts to cure the breach or default are commenced within a sixty (60) day period after service of said notice of default on lender by City and era thereafter diligently continued by Lender. 2s. Action 4Y IB11$9S• Notwithstanding erty other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings ao commenced may ba for foreclosure 11 ~~ of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: They are commenced within sixty (60) days after se .-ice on bender of the notice described harein- above; b. They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings era complete or are discharged by redemption, satisfaction or payment. 29. Rpn} Control. In eonsideration for the limitations herein provided, City agrees that it shall not, during the term of this Agreement, Lake eny action, the affect of which will ba to control, determine or affect the rents for those low income rental unite located in the Project. '° ""' -" iu,y u.,Li.:u required co De given by the terms of this Agreement shall ba provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To Developer: Nouree Development Co. 901 Dover Drive, suite ilo Newport Heech, California 92663 Attention: Pater W. Nourse To City: City of Rancho Cucamonga 3320 base line, suite e P.O. box 807 Rancho Cucamonga, California 91730 Attention: Lauren Weasarman, C ty Manager 12 ' 31. Attorneys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and ire reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 32. Bindinc Effect• Thia Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 33. Aaolicable L35C• This Agreement shall be construed in accordance with and governed by the laws of the State of California. 34. p$~y~y IDyalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 35. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of thn County of San 6ernardino. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall bn effeot.i vo n.. me osfe~.1..~ a_tc ~__ forth riereinabove. CITY OF RANCHO CUCAMONGA Gated: By Dean s L. Stout, Mayor PETER N. NOURSE, dba NOURSE DEVELOPMENT CO., a Sol• Proprietorship Dated: By Peter W. Nourse, Owner 13 ~ 7 I THE LANo COUNTY pF DESCRIBED PARCEL THE WES". HALF GF SAN BERT LANDS A MAPS iN EXCEPTINI Triv~ ~'~~'rtr/~T ~, rr..`.h- I~AU-, / / "'~"' I IN THE STATE OF CALiFORNIA~ ID CUCAMDNGA AND I3 .4 FEET OF THE NORTH iDUTH~ RANGE 7 WEST, 7RDING TO MAP OF CUCAMONGq BOON 4, PAGE 9, OF IRDER OF SAID COUNTY. _., ~i~nti WITHIN EASE LINE AVENUE. THE gREAS AND DISTANCES OF THE ASOVE-DESCRIBED FRDF'E RTY ARE COMPUTED TO THE CENTER L311E OF ALL ADJOINING STREETS AND ROADS, AS SHOWN ON THE NAP OF SAID TRRCT. PARCEL ND. 2: THE NDRTH 1/2 OF LOT 1 OF SECTION 3, TOWNSHIP 1 SOUTH RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO Mqp OF CUCAMONGA LANDS, AS PER HAP FE CORDED IN ROOK 4, PAGE 9 OF MAPS, iN THE OFFICE OF THE COUNTY RECORDEk OF SAID COUNTY. EXCEPTING THER EFRDN THE EAST 497.?4 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN BASELINE AVENUE. AREAS AND DISTANCES OF SAID LAND ARE CONFUTED TO THE CENTER OF ADJOINING STREET^a AS SHOWN DN THE MAP OF SAID TRfiCT. '~ 1 RESOLUTION N0. pj ~ - A RESOLUTION OF THE RANCHO CUCA.MONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE LAND USE MAP OF THE GENERAL PLAN, GPA 87-04N, FROM LON-MEDIUM RESIDENTIAL (4- 8 DWELLING UNITS PER ACRE) TO OFFICE FOR A 1.69 ACRE PARCEL LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, Ni0 MAKE Fi NOiNGS iM SUPPORT THEREOF A. Recitals. (i) West End Investments has filed an application far General Plan Amendment 87-04H as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "The Application." (ii) On April 13, 1988, the Planning Coamiission of the City of Rancho Cucamonga conducted a duly noticed public hearing on The Application and concluded said hearing on that date. (iii) On May 18, 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded Bald hearing on that date. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOM, THEREFORE, it is hereby found, determined, and resolved by the City Council of the Cfty of Rancho Cucamonga as follows: i. 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 May 18, 1988, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: fat The Aoolication coolies to a 1.69 acre parcel of land basically recianguiar in ionfiguraiion, incased on she west side of Archibald Avenue, south of Base Line Road, Said property Ts currently designated as Law-Medium Residential (4-8 dwelling units per acre) on the Land Use Map of the General Pian and is currently developed with an older single faintly residence and several smatter storage structures; and I D~ CITY CWNCIL RESOLUTION NO. GENCRAL PLAN AMENDMENT 87-04M June 1, 1988 Page 2 (b) The property to the north of the subject site is designated Neighborhood Commercial on the Land Use Map of the General Plan and consists of a neighborhood commercial shopping center, the property to the south of the subject site 1s designated Low Residential {p_4 dwelling units per acre) on the Land Use Map of the General Plan and consists of low density single family residential, the property to the east is designated as Neinhborhood Commercial and Low Residential (2-4 dwelling units per acre; or the Land Use Map of the General Plan and consists o' a neighborhood commercial shopping center and low density single family residential, and the property to the west is designated Low-Medium Residential (4-8 dwelling units per acre) on the Land Use Map of the General Plan and consists of vacant land; and (c) The Application requests the amendment of the Land Use Map of the General Plan from Low-Medium Residential (4-8 dwelling units per acre) for the 1.69 acre parcel to Office; and (d) The Application would be consistent with the Land Use Element of the General Plan, would not result in potentially significant adverse impacts to persons and property in the immediate vicinity of the subject site, and would be in the best interests of the health, safety, and welfare of the citizens of the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Council during the above-referenced puDtic hearing and upon the specific Plndin9s of fact set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes that the application would be consistent with the objectives of the I .nA Iln Cl r ~.L- n, -i~~ ~~, ~ VV1V VC 111 LIC VCiL IIILCI C]LJ VI LIIC City of-Rancho Cucamonga,~California. n 4. In conjunction with The Application, an Initial Study/ Preliminary Environmental Assessment, in conformity with the requirements with the California Environmental Quality Act, has been prepared. The Council has determined that this project would not have a significant adverse effect on the environment, and adopts a finding of no significant impact and issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves the application. - `. ~ ~ 1 U~ ORDINANCE N0. AN ORDINANCE OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING A REQUEST TO AMEND THE DEVELOPMENT DISTRICT MAP, DDA 87-06, FROM LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) TO OFFICE/PROFESSIONAL FOR A 1.69 ACRE PARCEL LOCATED ON THE WEST SIDE OF ARCNIBALD AVENUE, SOUTH OF BASE LINE ROAO, RANCHO CUCAMONGA, CALIFORNIA, AND MAKE FINDINGS IN SUPPORT THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and detennTnes the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law on April 13, 1988, concerning the rezoning of the property hereinafter described, and this City Council has held a public hearing Tn the time and manner prescribed by law on May 18, 1988, and duly heard and considered the Dlanning Commission's recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. r r,,.. .u_ .._-__~__ .. ... .. -• nq a Lou>1 xenL ni Nl Uitl ouJ eG C1Ve5 of-the Development Code of the City of Rancho Cucamonga. D. This rezoning wail have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner s ed, and the zoning map Ts hereby amended accordingly. 1. That pursuant to Section 65850 to 65855 of the Californla Government Code, the City Council of the City of Rancho Cucamonga hereby approves nn the 1st day of June, 1988, Development District Amendment N /_I U. rM1annt nn •An M.•-l.a J I , --, '~^" y.~~y • ~ L ILL ve>Iy11Y LIVn fr[1111 LOw- Medium Resldentlal~(4-8 dwelling units per acre) to Office/Professional fora 1.69 acre parcel located on the west side of Archibald Avenue, south of Base Line Road, Rancho Cucamonga, Californla, APN: 208- 031-17, 54, 55, 56, alnd 57. ~_ ~ ~ . _ ~~~ nrmv nn n a w.n„n n, rr a a~nwrn a r STAFF REPORT DATE: June I, 1986 T0: May0r and Members of the City Council FROM: Brad Buller, City Planner BYE Scctt eN rphy, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 87-33 nwwx ueveLUVMtNi - me development of liu senior I apar n s on acres of land in the Low-Medium Residential District (4-8 dwelling units per acre), ~' located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-18, 19. Associated with the protect is Tree Removal Permit 88-14. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 87-34 wwi ewu inve~imtNia - me deve~opment of a zz,vuu square 0o me ca o ce building on 1.7 acres of land in the Low-Medium Residential District (4-A dwelling units per acre), located on the west side of Archibald Avenue, south of Base Line Road - APN: 208-031-17, 54, 55, 56, and 57, Associated with ±he protect is Tree Removal Permit 88-17. "`"'' `;~1:~AT1vn: approval of the attached Resolutions of Approval, iI. BACKGROUND: On May 18, 1988, the City Council conducted a public ear ng o receive all input on the above-referenced protects and the related General Plan and Development District Amendments. After concluding the public hearing, the City Council determined that the General Plan and Development District Amen6nent requests were appropriate for this area and directed staff to prepare the appropriate approval documents. The Resolution of Approval for Development Review 87-33, the Senior Apartment protect, includes the provisfons for 50% covered parking spaces and extensive landscaping along the west boundary to be reviewed and approved by theme Design Review Committee as directe6 by City Council. Ra 'or/ t1ijjyt~+• n d Bu r Cit a ner BB: SM: vc I ~9 Attachments: Resolution of Approval for Development Review 87-33 Resolution of Approval for Development Review 87-34 RESOLUTION N0. g 8 ' 3 ~o.S A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING DEVELOPMENT REVIEW N0. 67-33, THE DEVELOPMENT OF 170 SENIOR APARTMENTS ON 4,85 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DHELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD,,{ ~ 1 OF ARCHIBALO AYENUE - APN: 208-031-18 AND 19. A. Recitals. (i) Nourse Development has filed an application for the approval of Development Review No. 87_33 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application". (ii) On the 23rd of March, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a mee*,.ing on Lhe application and the related General Plan and Development District Amendments to change the land use designation from Low-Medium Residential to High Residential with a Senior Overlay District. (iii) Based on evidence presented during the meeting of March 23, 1988 the Planning Commission recommended denim of the General Plan and Development District Amendments to the City Council and, i.^, so do!ng, denied the application due to inconsistencies with the General Plan and Development Code. i ivi ~n cne incn or may, 1948, the City Council of the City of Rancho Cucamonga, on appeal by the app]icant, conducted a meeting on the application and concluded said meeting on that date. (v) All legal prerequisites 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, " Based upon subsiantiai evidence presented to this Council during the above referenced meeting on May 18, 1988, Including written and oral staff reports, this Council hereby specifically finds as follows: (a) The application applies to property located on the west side of Base line Road, west of Archibald Avenue with a street frontage of 328 feet and lot depth of 643 feet and is presently Improved with single family residences; and (~~ CITY COUNCIL RESOLUTION N0. DR 87-33 - Nourse Development June 1, !988 Page 2 (b) The property to the north of the site is designated for ~omnercial uses and is developed with a shopping center. The properties to the south and east are designated for residential uses and are developed with single family homes. The property to the east is designated for commercial and residential uses. The commercial piece is developed with a shopping center and the residential piece is developed with single family residences; and (c) The City Council recommended approval of the General Plan and Development District Pmendments to change the land use designation from Low-Medium Residential to High Residential with a Senior Overlay District. With approval of the General Plan and Development District Pmendments, the project will be consistent with the General Plan and meet the intent and requirements cf the Development Code. 3. Based upon the substantial evidence presented to this Council durtng the above-referenced meeting and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the Generai Plan; and (b) That the proposed use is in accord with the objective of the Development Code and the purposes of the dl strict in which the site is iota tea; ana (c) That the proposed use is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental pualfty Act of 1970 and. further, this Council hara_hy issues a Negative DeC idra iion. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Council hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference, Planning Division The followi ite hall be jncor orated into the fina landscape pS~ns w~i~cfi are subJect ~a review and approva~ by the City Planner prior to the issuance of bull ding permits: CITY COUNCIL RESOLUTION NO. 6R 67-33 - Nourse Development June 1, 1988 Page 3 a) Extensive landscaping shall be provided around the perimeter of the site. b) The driveway median shall be planted with materials satisfactory to the Foothill Fire District. c) The drivrwyy wnnec lion at the southeast corner of the site shall be turf block for emergency access only. 2. Trellis structures shall be provided over the trash enclosures. The plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 3, A decorative block wall shall be required around the perimeter of the site, excluding the southern portion of the east boundary. The wall shall 6e installed to avoid aqy double wall situations. The plans shall be reviewed and approved by the City Planner prior to the issuance of grading permits. 4. Approval of the protect is contingent upon approval of General Pi an Amendment 87-04G, Development District Amendment 87-05, and Development Agreement 87-02. 5. The removal of the 28 mature trees shall require replacement with the largest nursery grown trees available, as determined by the City Planner. The applicant shall submit a Dian and list of iiie tree species, nergnt and trunk circumference as measured twenty-four inches from ground level, far the 28 existing trees. 6, p final acoustical analysis shall be submitted to address potential impacts from Base Line Road for interior and exterior noise levels. The report shall be reviewed and approved by the City Planner prior to the issuance of building permits. 7. fifty percent of the parking spaces provided shall be covered. The design of the structures shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. 8. The final landscaping along the west site boundary shall be reviewed and aooroved 6y the Decton p>ytow row;tree Crior to the issuance of~buiiding permits. Engineering Division Storm drzin facilities and private drainage easements shall be obtained through the property to the east to drain the pro,lect site to Archibald Avenue. 2. An emer~ency acre s easement across the pro ertty o the ea t to ensure ergency ~ngress an egress to Archibald Avenue an~ the construction of a mountable cu r6 shall be obtained prior to issuance of a building permit. q I~- CITY CWNCIL RESOLUTION ND. DR 87-33 - Nourse Development June 1, 1988 Page 4 3. Min-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunication and electrical) on the opposite side of Base Line Road shall Se paid to the City prior 4o the issuance of building permits. The fee shall 6e one-half the City adopted unit amount times the length ~i fFn prolec*_ fro-tage. 4. Drainage from the site shall be outletted onto Archibald Avenue in such a manner to not cause damage to the property to the south as approved by the City Engineer. 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I I I ea... ,. ,~ J~Q~ 58 ~ °~ _ fr F `"S ~~ ~Y „ ~& ' ;5.~~ Y;~ ~ ~•„ ~ ~ d ° et~ g~' fry ~`o i~~a ='.' _ Y ~ _~q V fi 3 94` „=M t S 3 .a f I ~~~ a~^ 5 fry= e ~~S 5 a~5 _ ~ . 5 ° „9Q~ I 5 agY Y Y~ g2 IYo~ 5 _ Y ~: - ~eKE 3~ ~i -"Xz aT g~ C` i P.~ ~i~ '- gE6 Y4 as oa " '~ ~ 5 ^$ ~ s x ~ ?~ i = sae a, g ~ % has: s a; 5p ar~Q ~ ~; s as $ ~~ . $~~5 ~x _-- r~ :$e _ " M~x b~ ~ " a "~ ~ `~~ `_P a` rz~- a~~ as a eE s : ~:3 ga~ ~ . a a aac ~~a jl ~ `'~ J RESOLUTION N0. ~ ~~ 3 ~~ A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL APPROVING DEYELOPMENT REVIEW N0. 87-34, THE OEYELOPMENT OF A 22,400 SQUARE FOOT MEDICAL OFFICE BUILDING ON 1.7 ACRES OF LAND IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (GENERAL PLAN AMENDMENT PENDING), LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF BASE LINE ROAD - APN: 208-031-17, 54, 55, 56 and 57, A. Recitals. (i) West End Investments has filed an application for the approval of Development Review No. 87-34 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application". (ii) On the 23rd of March, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and the related General Plan and Development District Amendments to change the land use designation from Low-Medium Residential to Office-Professional. (iii) Based on evidence presented during the meeting of March 23, 1988 the Planning Commission reconmended denial of the General Plan and Oevelopment District Amendments to the City Council and, in so doing, denied the application due to incorsistenctes with the General Plan and Development Code. iivi un ciie iorn or may, ivnu, the Ctty Council of the City of Rancho Cucamonga, on appeal by the applicant, conducted a meeting on the application and concluded said meeting on that date. (vl All legal prerequisites 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. Based upmi subs taniiai evidence presented to this Council during the above referenced meeting on May 18, 1988, including written and oral staff reports, this Council hereby specifically finds as follows: (a) The application applies to property located on the west side of Archibald Avenue, south of Base line Road with a street frontage of 260 feet and lot depth of 283 feet and is presently improved with singie family residences; and 0~ CITY COUNCIL RESOLUTION NO. DR 81-34 - West End Investments June 1, 1988 Page 2 (b) The properties to the north and east of the site are designated for commercial uses and are developed with shopping centers. The properties to the south and east are designated for residential uses and are developed with single family homes; and (c) The City Council recoim~ended approval of the General Plan and Deveiopxrent Distriet ivnendments to change the iand use designation from Low-Medium Residential to Office-Professional. With approval of the General Plan and Development District Amendments, the project will be consistent with the General Plan and meet the intent and requirements of the Development Code. 3. Based upon the substantial evidence presented to this Council during the above-referenced meeting and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Pian; and (b) That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and (c) That the proposed use is in compliance with each of the applicable provisions of the ueveiopment Code; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the Dublic health, safety, or welfare, or materially injurious to properties cr improvements in the vicinity. 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental puality Act of 1970 and, further, this Council hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above. this Council hereby apprnvec the appliratinn cghj art fn Hach and every condition Set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. Planning Division 1. Approval of Development Review 87-34 is contingent upon approval of General Plan Amendment 87-04H and Development District Amendment 87-06. ~~ ~ 2. The rust accent color hall be than ed to ante ate ith the existing conmercials center to tl~e north. ~ir co~or Shal be reviewed and apuroved by thhe 9i n Rev ew Comn~ttee prior to the Issuance of bulQedsn~ perm ts. CITY COUNCIL RESOLUTION No. UR 87-34 - West End Investments June 1, 1988 Page 3 3. The removal of the 64 mature trees shall require replacement with the largest nursery grown trees available, as determined by the City Planner. The applicant shall submit a plan and a list of the tree species, height, and trunk circumference as measured twenty-four inches from ground ievei, for the 64 existing frees. Tne applicant shall submit documentation of replacement, including a plan, to the City Planner prior to the removal of the trees. 4. A decorative block wail shall be required along the south boundary. The wall shall terminate far enough back from Archibald Avenue to avoid any disruption to the roof system of the Carob Tree at the southeast corner. The design of the wall shall be shown on the final building plans and shall De reviewed and approved by the City Planner prior to the issuance of grading perniits. 5. The driveway at the southwest corner of the site shay. be turf block to provide emergency access between this site and the site to the west. The turf block shall be incorporated into the final landscape plan which shall be reviewed and approved by the City Planner prior to the issuance of building permits. engineering Division 1. A private drainage easement in favor of the property to the west shall be provided along the southern property line. 2. For the Archibald Avenue driveway, sight lines shall be plotted on the landscape puns to assure adequate safe, unobstructed stopping sight distance as approved by the City Engineer. 3. "No Stopping Any Time" zone will be required on Archibald Avenue. 4, Drainage from the site shad be outletted onto Archibald Avenue Tn such a manner to npi raUSe damage ro the property to the south as approved by the City Engineer, The outlet facility could consist of a parkway drain or pipe and catch basin system outletting south of Lhe existing driveway adJacent to the south property line and the rolling of said driveway if permission can be obtained from the property owners. 5. An emergency access easement in favor of the property to the west shall be provided to ensure emergency ingress and egress to Archibald Avenue. 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Citv Planner BY: Dino Putrino, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88-OlA - reques o amen a nera an Land Use Map from "Office to "Neighborhood Camnercial° for approximately 3.45 acres of land, located on the southwest corner of Base Line Road and Helinwn Avenue - APN: 208- 202-13,14. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT e eve o reques o amen Amen Districts Map from-Office Professional (OP) to Neighborhood Ceamiercial (NC) far approximately 3.45 acres of land, located on the southwest corner of Base Line Road and Hellman Avenue - APN: 208-202-13,14. I. RECOMMENOATtON: Approval of the attached Resolution and Ordinance n ann~"nvaT- !I. BACKGROUND: On May 18, 1988, the C1ty Council directed staff to prepa~esolution and Ordinance for the approval of General Plan Amendment 88-OlA and Development District Amendment 87-11 respectively. Re 11y s n ted, Bra City Pla er BD:DP:.is a~~ RESOLUTION N0. ~(; - ~ ~ , A RESOLUTION OF THE RANCHO CUCAMONGh CITY COUNCIL APPROYING GENERAL PLAN AMENDMENT (GPA) 8A-OIA, REQUESTING TO AMEND THE GENERAL PLAN LAND USE MAP FROM OFFICE PROFESSIONAL (OP) TO NEIGHBORHOOD COMMERCIAL (NC) FOR 3.45 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF BASE LINE ROAD AND HELLMAN AVENUE, RANCHO CUCPMONGA, CALIFORNIA, APN: 208-202-13 AND 14 AND MAKE FINDINGS IN Su"r PORT TriEREOF A. Recitals. (i) James E. Carter has filed an application for General Plan Amendment No. BB-OlA as described in the title of this Resolution. Hereinafter in this Resolution the subJect General Plan Amendnent is referred to as "the application". . ~c~ . 2~. (11) On January 27, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed pubiic hraring on the application and issued 0~=dinauce No. i reconn~ending to this City Council that said application be $pwv~!~K~(~J,.~~ nrtd., (iii) On May 18, 1988, 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. (iv) All legal prerequisites to the adoption of this Resolution nave occurrea. 8. Resolution. NOW, THEREFORE, tt 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 evtdence presented to this Council during the above-referenced p~rblic hearing June I, 1988, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: ia) Tne application applies to approximately 3.45 acres of land, basically rectangular in configuration, iocated on the southwest corner of Base Line Road and Hellman Avenue and is presently undeveloped. Satd property is currently designated as Office Professtonal land use; and a~~ CITY COUNCIL RESOLUTION N0. GPA 88-OlA Page 2 (b) The property to the north of the subject site is designated Low Residential and consists of a church site and surrounding single family residential. The property to the west is designated Civic/Community and Park and consists of the public library and Lions Park. The property to the east is designated Office Professional and consists of a service station and office buildings. The property to the south is designated Medium Residential and consists of multiple family apartment complex; and (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 Development District and with related development; and (d) This amendment promotes the goals and objectives of the Land Use Element; and (e) This amendment would not be materially injurious or detrimental to the adjacent 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 paragraph 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the subject property is suitable for the uses peemitted in the proposed district in terms of access, size, and compati b111ty with exlsti nd 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 1n conformance with the General Plan. 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Council hereby issues a Negative Declaration. 5, Bacwd ypnn the findings and conclusions set forth in aarscraph i, 2 and J above, this Council hereby resolves that pursuant to Section 65850 to 65855 of the California Government Cade, that the City Councti of the City of Rancho Cucamonga hereby approves on the 1st day of June, 1988, General Pi an pnendment ib. 88-OIA. 6. The City Clerk to this Council shall certify to the adoption of this Resolution. ~i3 ORO INANCE N0. ~ 5 AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM OFFICE/PROFESSIONAL (OP) TO NEIGHBORHOOD COMMERCIAL (NC) FOR 3.58 ACRES OF LAND LOCATED AT THE SOUTHNEST CORNER OF BASE LINE ROAD AND HELLMAN AYENUE - APN: 208-202-13,14 _/ ,~ NHEREAS, on the 27th day of January, 1988; the Planning Comm ssi on ileid a duty advertised pubiic hearing pursuant fu 'Sec lion ii5854 of the California Government Code to consider Developme t District Amendment No. 87- 11 and recommended to the City Council a change in the district designation from Office/Professional (OP) to Neighborhood Commercial (NC) for the property located at the southwest corner of Base Line Road and Hel iman Avenue. WHEREAS, on the 18th day of May, 1988, the City Council held a duly advertised public hearing pursuant to Section 65854 of the California Government Code to consider the Planning Comaission recomaendation and public input on the Development District Amendment 87-11. NNEREAS, the City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The Rancho Cucamonga City Courkil has made the foil owing findings: That the subject property is suitable for the uses permitted in the proposed district in terms of dCCE55, S1 Ze, dnd CDmpat1 D111 Ly with the a%iSti n3 land uses in the surrounding areas; and 2. The proposed district change would not have a significant impact on the environment, nor the surrounding properties; and 3, The proposed district change is in conformance with the General Plan. SECTION 2: The Rancho Cucamonga City Council has found that this project wl no create a significant adverse impact on the environment and approves the issuance of a Negative Declaration an June 1, 1988. NON; THEREFORE, BE IT RESDL YEO: That pursuant to Section 65850 to 65855 of the California Government Cade, that the City Council of the City of Rancho Cucamonga hereby approves on the 1st day of June 11, 1948, Development District Amendment 87-03, changing the district designation from Office/Professional (OP) to Neighborhood Commercial (NC) for the property located at the southwest corner of Base Line Road and Hellman Avenue, ------CITY OF RANCHO CUCAMONGA STAFF REPORT J`~ DATE: June 1, 1988 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner I i BY: Alan Warren, Associate Planner SUBJECT: ENYIRONMENTAL ASSESSMENT, DEVELOPMENT AGREEMENT, AND -A eve opmen reemen an reques o amen a an Use Element of the General Plan from Office to Neighborhood i~ Commercial for 3.58 acres of land located at the southwest corner of Lomita Court and Archibald Avenue - APN: 202- 151-33. ENVIRONMENTAL ASSESSMENT. DEVELOPMENT AGREEMENT. AND - A ueve~opment Agreement and request to amens the Development District Nap from "OP" (Office/Professional) to "NC" (Neighborhood Comrtercial) for 3.58 acres of land Located at the southwest corner of Lomita Court end Archibald Avenue - APN: 202-151-33. '.. `".N,..`.~.C ;,CT10K. n~ ies meeting or may 11, 1988, the Planning "omm ss on recommended that the City Council approve General Plan Amenmmment 87-048 and Development District Amendment 87-03 in conjunction with a Development Agreement between the applicant and the City to ensure its development provisions are incorporated Tnto any future development on this site. Ii. PRQIECT AND SITE DESCRIPTION: A. Surrounding land Use and Zoning: North - Office/Professional South - Neighborhood Commercial East -Medium High Residential and Neighborhood Commercial West - Htgh Residential (Senior Houstne Overlay District? III. BACKGROUND: On September 9, 1987, the Planning Commission reviewed ~h s~i proposai to change this site at the southwest corner of Lomita Court and Archibald Avenue from Office to Commercial Use designation. The Commission deternmined that such a change would be Inappropriate and recommended dental of the application to the City Council. ass CITY COUNCIL STAFF REPORT GPA 87-048/DDA87-03 - WEI RICK June 1, 1998 Page 2 On October 21, 1987, the City Council suggested that the land use changes might be appropriate with the implementation of a Development Agreement for the purpose of providing more specific development controls on the site. This direction resulted from public input that suggested retail uses which catered to the needs of the senior citizens residing to the west might be appropriate. Oae feaTti re which was the icey element in the Couneii's receptivity for the concept was the potential of a full service restaurant within the site. With this direction, staff drafted an agreement for the Planning Commission's consideration pursuant to Government Code Section 65857 (see Exhibit "A"). The Development Agreement process is a form of contract zoning which encompasses many aspects, including precise site planning, of a proposed prof ect. On May 11, 1988, the Planning Commission reviewed a Development Agreement drafted by City staff and an applicant developed design proposal for the subj ect site. IY. DISCUSSION AND ANALYSIS: As it was previously with the Ctty ounn a ann ng ammission indicated any consideration of the applications revolved around the potential development of uses which would provide services and goods of interest to the senior citizens residing to the developments to the west of this site. The Planning Commission's recommendation for approval rests solely on the adoption by the City of a Development Agreement with the property owner which provides the following: 1. Require the development of a full service restaurant - Section S1.B. (4,000 to 5,000 square feet as shown on the Conceptual Site Plan) and at least 40 percent of the remaining building area for office space (the Conceptual Site Plan provides 46 percent office/ 54 percent retail, split between Buildings "A", "B", and "C°). 2. Requires the attraction of business tenants which cater to the needs of senior citizens (Section 14 ). 3. Construction is to be in conformance with an approved development plan which will be part of the Agreement (Section 9.B ). 4. Completion of the project within six years (Section 1). With these provisions and other administrative sections of the draft Agreement, the Planning Commission felt that the potential significant impacts of concern during the previous hearings on the applications could be satisfactorily mitigated. Therefore, the Planning Commission has recommended approval of the General Plan and Development District Amendments contingent upon the enactment of the Development Agreement. ~~~ CITY COURC IL STAFF REPORT GPA 87-D4B/DDA87-03 -HEIR ICK June 1, 1988 Page 3 The Site Plan and architectural design, as proposed by the applicant, played a significant part in the Planning Commission's acceptance of the Development Agreement. Issues which were discussed during the Design Review period included the following: 1. The desire of the City Council and Planning Commission to have the buildings exhibit a characror compatible with the residential development to the east was successfully accomplished by the applicant's architect. 2. A pedestrian walkway connection and theme structure is provided near the western property line to provide a convenient and attractive entry for the residents of the senior citizen protect. 3. The building near the southwest corner of Lomita Court and Archibald Fvenue is designated far Office use and its design incorporates office design characteristics which would not easily facilitate its use for retail commercial purposes. The structures along the western property line are designated as commercial building and exhibit storefront display windows and tonvenient curb-side parking for the benefit of retail commercial activities. Deta ileA Aact nn iccnac corn mnnfinnnA i~ •we u.~ ii iooo oi_...._- Comnission report for Conditional Use Permit 87-29 (attached). The City Council should review the specifics of the proposed development plan as they mdy apply to satisfying its concerns regarding land use compatibility. The development plan (site and architectural) forms a part of the Development Agreement. Any significant changes to the development plan submitted would require City Council review and approval. Re c lly Br d Bul r Cit nner ~ 88:ANae Attachments: Development Agreement Proposed Development Plan (Site and Architecture) Planning Commission Staff Report of May 11, 1988 Planning Commission Minutes of May I1, 1988 Resolution of approval -General Plan AmenaYaent 87-048 Ordinance - Development District Amendment 87-03 a~~ DEVELOPMENT AOREEMENT NO. 89-03 CONCERNING PROPERTY LOCATHD AT THE BODTHIfEeT CORNER OP ARCHIHALD AVENDB AND LONITA COORT, RANCHO CIICAMONGA, CALIFORNIA THIS AGREEMENT is entered into as of the "Effective nrt?" set f^rth herein by and bBt«ean 1PSZRICE PROpfiRS~2EE LLMZ3ED, a Califoraia partnership ("Developer") and the CITY OP RANCHO COCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City"). 13STHE~~ETH~ A. Recitals (i) California Government Code sections 65864, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) Developer owns all interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhfbit "A," attxched hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." ~ < i i ~ i*~._ ~--- -- -- --- :e iy:u,v auuuu wP~WerCiai pursuant to the provisions of~City's Development Code and Development District Map, as amended to data hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (iv) On 1988, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said Ordinance was affective on 1988. E. Aorsesest. i+OK; •i~HF:w F F'ApM, t..^.e partiaa herv~u ay'rbb ad iuiiow9: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Rancho Cucamonga. ~~~ b. "Developer" is Weirick Properties Limited, a California partnership comprised of general partners: ALAN C. WEIRICK and WEIRICK MANAGEMENT CORPORATION, RICHARD C. WEIRICK, President. c. "Development Plan^ are these pls.^s a^d specif.catia„s attached hereto, marked as Exhibit "B" and incorporated herein by this reference, and comprise3 of the documents including, but not limited to, a final site plan (including design elevations), sign plan, site utilization map, final landscape and grading plans, etc. The Development Plan attached hereto includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The project also includes the records of applications by Developer, the proceedings before the Planning commission and city Council, and all such records and files in these matters are incorporated herein by this reference as though set forth in full. 3. "Project" is that development approved for the Site as provided in this Development Agreement comprised of a mixed use of office and Neighborhood Commercial uses (including provision for a full-aetvir oe«" ..«_ i.. _.~__ reflected in the Development Plan attached hereto as Exhibit "H." .. "Effective Date" shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City~e City Council. z• Rscltal^• Tha recitals are part of the agreement between the parties and shall ba enforced and enforceable as any other provision oP this Agreement. 3. Interest pf prooerty ~lx. Developer warrants and represents that it Aas Lull legal title to the site, that it has full legal right to enter into this Agreement and that the pPrgnne executing this AQF6e~6B£ on banaif n• ne....i .,..__ ~__._ .. ___.___ __ _~.~~..poa aura ueiun duly authorized to do so. 4• Hindina Effsat 4f Aarssassl. The Developer hezeby subjects the Project and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations end restrictions as set forth herein shall ba deemed covenants running with the 2 ~ 1~1 land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement. regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the Project is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use oP the Development by Developer and the future occupants of the Project, the intended benaficiariea of such covenants, reservations and restrictions, and by fOrthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City oP Rancho Cucamonga. 5. Rela!lonshio of partie^. It is understood that the contractual relationship between City and novnlnnn~ +^ ~..~_~ ~ _ ueveloper 1s an independent party and is not the agent of City- for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6• Term 4S ~9Il4SlAE- Tha term of the Agreement shall commence on the effective data and shall expire on December 31, 2008, so long as Developer remains in metarial compliance with this Agreement, as from time to time amen3ed. 7. Cosstruotion, The Developer shall complete construction work for the Project on the 91te, and all phases thereof, including, but not limited to, lendacapinq and all otf-site improvements, pursuant to a building permit or permlte issued by city within six (6) years following the effective date. For the purpose of this nrevis+on, to iluro to complete tenant improvements, except for those improvements necessary for a Lolly operating restaurant, shall not be deemed failure to complete the project. Additionally, the completion of construction obligations shall be extended 6y any period within which the developer is prevented from timely completion by ^POrCe Maj sure". B. Sssianmest. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer all or any portion of 3 ~ ~ ~~ this Site (as may be subsequently subdivided), to any person or entity at any time during the term of this Development Agreement. Any such transfer shall be deemed to include an assignment of all rights, duties and obligations creased by this Development Agreement with respect to a12 or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall re'_ieve Developer, without any act or concurrenr_e by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with reapact to any and all obligations at the time of the proposed transfer. 9. 4eaeral Standards ~ 8estrictions Pertainino $~Q Develooment Qt S.~t Bite. The following specific restrictions shall apply to the use of the Siie pursuant to this Development Agreement: a. Developer shall have the right to develop the Project on the site in accordance with the terms and conditions of this Agreement and City shall have the right to control development at the Site in accordance with the proviaiona of thi• Agreement. b. The density and intensity of use, the uses allowed, the size of proposed buildings, grovisions for the reservation or dedication o! lend Lor public purposes, the maximum height of proposed buildings and location of public improvements. taoethnr ~trq ~«..:: ~- - ;,,,,; conaitions of development applicable to the Site shall be as set forth in this Development Agreement and the attached Development Plan. lo. $ffeet gj Cit9 Regulations sy Developmeat 41 Proieat. Except as expraasly provided !n this Development Agreement, all substantive and procedural requirements and provieiona contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Development Code, in effect as of the effective data of this Development Agreement, shall apply to the construction end development of the Site. The proviaiona of this paragraph 10 shall not preclude the application to the development of the Sits those changes in City ordinancaa, reavlatione; plans c ahecifications which are specifically mendated and required by changes in state or federal laws or regulations as provided in Calitornie Government Code Section 65869.5. ~a ~ ~, \~ b. The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc. shall be pursuant to those fees in effect at the time application is made for such approvals or permits. c. City may apply any and all new ordinances, r~ies, reg,:latlons, plans and specifications to the development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date. d. Nothing herein shall prevent the application of health and safety regulations (i.a., tire, building, seismic, plumbing and electric codes) that become applicable to the City ae a whole. 11. Permitted flees. Those uses allowed on the Site shall be as follows: Office. That building apace located on the northeast corner of the Site (as reflected in the Site plan included within Exhibit "B" hereto) shall be developed exclusively for office apace. Heataurant. That buildlna en"~. 5^_ _ta3 0.. Lim ",:Live"c corner of the Sita (as reflected in the Site Plan included within Exhibit "B" hereto) shall be developed with a full-service sit-down restaurant (unless deleted pursuant to the terms of paragraph 13 herein). For the purposes of thle Development Agreement, a full-service restaurant shall be deemed to be a sit-down restaurant which provides customary breakfast, lunch and dinner service. c. commercial. The remainder of the building apace available on the Sit• (as reflected in the Site plan included within Exhibit ^B" hereto) shall be developed for those "Neighborhood Commercial" uses a^ defined in Section 17.10.030 of City~s Development Cods, es the same ie amended Erne time tc time. Such Haiyhborhood ~_e=martial uses shall be "permitted" or ^conditional" (i.e., subject to the approval of a conditional use permit) pursuant to the terms of said Section 17.10.030. Natwithstandinq the foregoing, the following uses era prohibited within such commercial erase of the project: aaa 1: Animal care facilities; 2. Arcades; 1. Automobile services (except parts and supplies); 4. Drive-in businesses of any kind (including fast food restaurants); 5. Feed and tack stores; 6. Ice machine9; 7. Mortuaries and cemeteries; 8. Landscape Nurseries; 9. Outdoor commercial recreational facilities; 10. Recreational vehicle storage; 11. Service stations. 12. Protect p~gq. The Project may ba developed in one or more phases of construction: however, at minimum, the office uses desionated tnr r~.o ....-..cast -~~uea ui cne ,rte shall be developed within the first phase of construction. Notwith- standing the foregoing, until a certificate oP occupancy is granted for the restaurant, no other certificate of occupancy shall be granted Por any other development on the Site except the office uses. 17. Deletion g1 Restaurant. The Planning Commission of the city may, upon showing of good cause by the Developer, delete the requirement oL a restaurant as pert of the Project. For the purpose of this section, good cause shall be deemed to include, but not limited to, the presentation of written correspondence, from a minimum of riven (7) major restaurant developers, indicating a refusal or unwillingness tO develop the required restaurant. if the restaurant use is deleted purayant to the nrovieiona of this Para;raph, tho restaurant. iocaiion as shown On the Site Plan included within Exhibit "B" hereto, shall ba developed exclusively for office space users. Any eucA development of the restaurant site for office apace shall be subject to the then applicable City standards Cor design and development review. 6 aa3 1a, Attraotion c1, sneciflad Commercial Tenants. As part of this Development Agreement, it is expressly understood between the parties hereto that certain commercial uses are more desirable as tenants within the Project to meet the needs of those senior citizen residents in the immediate vicinity of the Project. Developer shall use its beat efforts to encourage tenants for occupancy within the commercial pcr tio.-s of Lha Project which cater to the needs of the senior citizen community, including, at minimum, the following specific uses: a. Shoe stores, including sales and repair; b. Jewelry stores; c. Variety stores; d. Boutique stores; e. Dress and apparel shops. Zf, upon annual review, at least eighty percent (80t) of the such specified commercial uses are not included within the Project or other senior citizen oriented uses, Developer shall prepare a marketing plan, to the satisfaction of the City Planner, including, but not limited to, an intensive commercial advertising program with rent reductions, or other incentives, for such ancris: o,i 15. Annual Aaview. During the term of this Development Agreement, city shall annually review the extent of good faith compliance by Developer with the terms oP this Development Agreement. Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Agreement no later than March 15 of each calendar year. 16. indamni tication. Developer agrees to, and shall, hold City and its elected officials, officers, agents and employees ha rmlesa from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Dev , _ E.OpEi yr thafi6 of nia n_nt-~~~Or, eU~ "vntraCto r, agent, employee or other geraon noting on hie behalf which relate to the construction and operation o[ the Project. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages end claims for damage suffered or alleged to have been aufferad by reason of the operations aa4 referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. 17. Amendmemta. This Agreement may be amended or canceled, in whole ar in part, only by mutual written consent of the parties and then in the manner provided for #n California Gorern~ent Code Sections 65868 et seq. 18. Minor Amendments ~q ~e_velovmeat Yla9• Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the city Planner pursuant to the terms of Section 17.02.070A ("Minor Revisions-- Administrative") of City's Development Code and any changes to the restaurant site may be approved by the Planning Commission pursuant to the terms of Section 17.06.010 (Design/Development Review). Is. Enforcement. in the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the afldrasa stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if acid breach ..r nos..,?t c_;-- - „U1eY wiciiin tniny (30) days (provided that acts to cure theybreach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, Por injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 20• Svent 41 Defeult• Developer is in default under this Agreement upon the happening of one or more of the following events or conditiene; a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it wam madet b. If a finding and determination is made by Clty following an annual review pursuant to paragraph 15 a ass hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 19 hereinabove; or A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 19 hereinabove. 21. ~q Ilatver ps Aimadies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer oP the obligations herein contained would be unprofitable, difficult or expensive or because of a failure oP any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the avant that there ie a breach of this Development Agreement. No waiver by City of any breech or default under this Development Agreement shall be deemed to ba a waiver of any other subsequent breach thereof or default hereunder. 22. BiQnL! 4f Llo4lS! IIII4li iL1` Aareuent. Should Developer place or cause to be placed any encumbrance or lien on the Proj eck, or any part thereof, the beneflciarv f^Lender^~ of aaiA encumbrance or lien shell have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act ar thing required of Developer under this Agreement, and ary such act or thing done or performed by Lender shall be as affective as if done by Developer; Realize on the security afforded by the encumbrance or lien by axarc icing foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter reterred to a^ ^a trust deed"); zranefer, convey or assign the title of Developer to the Protect to any purchaser at any foreclosure sale, whether the foreclosure sal• be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and ~h Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the fore- closure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 23. NOE1Ce ~4 Lender. City shall give written notice oP any default oz breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: a. Cure the breach or default within sixty (60) days after service of said notice, where the default can be cured by the payment of money; b. Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment oP money and can be cured within that time; or Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice. ornvfAo.i th,.r a,.«e to cure the breach or default are commenced within a sixty (60) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. z4. Aotioa ~Y L4L4lS• :totwithatandinq any other provision of this Agreement, a Lender may Forestall any action by City for n breach or default under the terms of this Agreement by Developer 6y commencing proceedings to foraeloee its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure oP the encumbrance by older of court or for foreclosure of the encumbrance under a power of aal• contained in the instrument creating the encumbrance ar lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Oeveloper unleaa: They era commenced within sixty (60) days after service on Developer of the notice described herein- above; b. They are, after having been commenced, diligently pursued in the manner required by law to completion; and 10 'l~~] Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 25. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. To Developer: WEIRICK PROPERTIES LIMITED 2500 East Colorado Boulevard Suite 360 Pasadena, California 91107 Attention: Alan C. Wairick To City: City of Rancho Cucamonga 9320 Base Lina. suite r P.O. Box 807 Rancho Cucamonga, California 91730 Attention: Lauren Wasserman, City Manager 26. Attoraeva' ~,~, In any proceedings ariainq from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its coats and reasonable attorneys' fees incurred during the proceeding ae may be fixed within the discretion of the court. 27. @~H93Y4 Effeot• Thi^ Agreement shall bind, and the benefits and burdens hereof shall inure to, the raspactiw parties hereto a n,i thou iegai rapra~antative:, exiCiic6re, aaministratore, succesaore and assigns, wherever the context requires or admits. 28. Aoolioebl• j,~, Thia Agreement shall ba construed in accordance with and governed by the lawn of the State of California. 11 sag 29. Parti,{j iayal dity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof 5ha11 not in any way be affected or impaired thereby. 30. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County oP San Bernardino within ten (10) days following the Effective Date. IN WITNESS WiSEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth hereinabove. CITY OF RANCHO CUCAMONGA Dated: EY Dann s L. Stout, Mayor WEIRICM PROPERTIES LIMITED Dated' BY A lan C. We r ck Dated• By We r ek Management Co- rporation Richard C. Weirick, President STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO sa. On , 1988, before mw, the undersigned, a Notary Public Tn and !or said County and State, personally appeared proved to ma on the basis of satisfactory av denca to ba the parson who axaeuted this instrument as Mayor of the CITY OF RANCHO CUCAMONGA, a municipal corporation existing and orgarited under the laws of the States of Caiiiornia, and acknowledged to ma that the CITY OF RANCHO CUCAMONGA executed it. Notary Publ c n an for as d State 1Z aa~ . .~-- ~.;~~, ... d~ ~_~ ~~. ~ ~1 lI 1 !i ! e !!! ~. JC ~~ ~ ~~ S ~)! ! :~ i ~ ~~ B m i3 ;: ~ .~-- .. ., ; ~ --~--~- -~, g i a _ ~~ ~, g _~ I 3 - it I'.I -, ._. ~ i ! ~_,~ e t - ~-~~ ~ ~ O ~ k 7 ii .g._ i t it :I I ~ . ~~ ~~! 1 ~ ~ 1, ~._... ~ ~O O!YlL/NMLNT A011l~Mt11T - N~MO~~lowt floe 1 of 0 ~ ~ i1 ;. e g ~.I ~ 'j ~~' V ~- ~E ~~ g$~I! ~g~~i~ ~~J ~ 2 x- ~ ~ ELF. I` 6~i; ~~~~~i~f ~~• ~~ A~ 91E~ ~~ ,~ gE~s~ is:l!i~ e -• z •w~ ~••W+.~•••a _ awaw~aYOV iwaw~ora~aa [ ~ i 5 € E~ Ap •2 I i itA ~, i i 1! 4: i° 9 ~E' __i ~ 9 i - __ I m i ~ ~ E C i ~ 6 ~~ 3~ ` ~ ~ 6 iii? c: 'i` ~ 6 Bj !~` @B: ~~~ F .i ~ ; :: i y~i; - i ;F~ -( ^~ _ o _~~ ~~, o i o® 1 i ~.; e 1 l ~~~ ~ ~ .- e -.~ ~ ,~ ~7 ~~~ iii 11~ n a 32 ~# DEYELO-MENT AOIIEEMENT - D~~~lopnl~nt Plan 3 of 3 ' ,~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 11, 1988 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Alan Marren, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT, DEVELOPMENT AGREEMENT AND eve oilmen agreemen an reques amen the land use element of the General Plan from Office to Neighborhood Commercial for 3.58 acres of land located at the southwest corner of Lomita Court and Archibald Avenue - APN: 202- 151-33. ENVIRONMENTAL ASSESSMENT. DEVELOPMENT AGREEMENT AND A development agreement arw request to amerw the development district map from "OP" (Office/Professional) to "NC" (Neighborhood Commercial) with 3.58 acres of land located at the southwest corner of Lomita Court and Archibald Avenue APN: 202-151-33. ABSTRACT: The applicant, Meirick Properties, has initiated a nee r~Flan Development District Amendment to change the existing office designation to Neighborhood Commercial for 3.58 acres of land on the southwest corner of Lomita Court and Archibald Avenue. Staff has completed an environmental assessment analysis and the City Council has directed that the Development Agreement Proposal accompany the subject applications and request the Commission's direction. II. PROJECT AND SITE DESCRIPTION: A. Surroundin Land Use and Zonin or - ce ro ess ona South-Nei ghhgrhgnA fd141!IerCial East- Medium High and Neighbdrhodtl COmmerCtal Mest- High (Senior Housing Overlay District) II. BACKGROUND: On September 1987, the Planning Commission reviewed tTii-s proposal to change this site at the southwest corner of Lomita Court and Archibald Avenue from Office to Commercial Use Designation. The Cowaisslon determined that such a change would be a 33 PLANNING COMMISSIC' STAFF REPORT CUP 87-04B, OOA 8i .3 - NEIRICK May 11, 1988 Page 2 inappropriate and recommended denial of the application to the City Council. On October 21, 1987, City Council suggested that the land use changes might be appropriate with the implementation of a Development Agreement for the purpose of providing more specific development controls on the site. This direction resulted from public input that suggested retail uses which catered to the needs of the Senior Citizens residing to the west might be appropriate. One feature which was the key element in the Council's receptivity for the concept was the potential of a full service restaurant within the site. With this direction staff drafted an Agreement for the Planning Commissions consideration pursuant to Government Code Section 65857 (Exhibit "A'). The Development Agreemient process is a form of contract zoning which encompasses many aspects, including precise site planning, of a proposed project. On April 21, 1988, Design Review Committee reviewed and favorably received a conceptual site plan for the site. After review of the provisions of the Development Agreement and if recoammended for approval by the Planning Comwission it would be then appropriate for the Planning Commission to review the final conceptual design plan fur incorporation as part of the Development Agreement. EV. DISCUSSION: As previously mentioned the City Council's ~nn< ara +nn of fM annlira lion ra vnlv"d armmd tho APVainnmant of a full-service restaurant and the inclusion of certain specific retail uses at the site. The Development Agreement as a result provides the following: 1) Require the development of a full-service restaurant (Section 11.8, of 5000 square feet as shown on the Conceptual Site Plan) and forty percent of the site for Office Space (Conceptual Site Plan). 2) Requires the attraction of business tenants which caters to the needs of Senior Citizens (Section 14). 31 Construction is to be incanformance with a approved developmw:nt plan which will be part of the Agreement (Section 9.B ). 4) Completion of the project within six years (Section 7). The applicant reviewed the draft Agreement and has forwarded his concerns to staff in the attached letter of April 22, 1988. The general direction of the applicants concerns revolve around the restaurant development requirements and how they relate to the development schedule of retail commercial uses. The applicant's substitutions request some sort of decay in satisfying the a 3~ PLANNING COIRiISSIOY STAFF REPORT CUP 87-048, DOA 67 ~ - WEIRICK May I1, 1988 Page 3 requirements of restaurant development. Staff does not believe the majority of the requested agreement substitutions are in the best interest of the City to insure a restaurant at this site. This view is the result of the following considerations: li Any delay does not insure that a restaurant tenant will be located. If this is the case, after six years the City would end up with a retail/commercial site without the desired restaurant. 2) It is staffs interpretation that the prime interest of the City Council for retail development is the inclusion of a restaurant facility therefore staff believes the restaurant should develop only in the first phase. 3) The applicant feels that the restaurant first scenario is a financial hardship and therefore staff believes this view may substantiate our concern that the site nwy not present a viable location far restaurant operations. In which case, and at the end of six years a retail/commercial center without a restaurant would result if the retail uses being allowed to develop prior to restaurant development. 4) Staff understood that it was the City Council's intent to consider changing the land use designations only in coniunctinn with the development of a restaurant. Substitution No. 1 of the Applicant's letter dated April 22, 1988, would oe acceptable if the second sentence of the provision reads as follows: "For the purpose of this provision, failure to complete tenant improvements, except those tenant improvements required for a fully operating restaurant, shall not be deemed a failure to complete the project." Staff therefore recommends that the Development Agreement should be in the form which insures the applicants ability to develop retail commercial uses only upon the development of a restaurant first, Without such provisions the Agreement does not benefit the City. Rtc DMMEN0ATi0N: If the Planning Commission believes that the eve opn~en regiment as drafted and the accompanying site plan resolves the Planning Commission's concerns when the applications where initially reviewed, the Planning Commission should recommend approval of the application and Development Agreement to the City Council. if however, the Planning Commission s previous concerns are not resolved, the previously recommended dental should be reaffirmed and forwarded to the City Council. a~3~ PLANNING COMMISSIO' STAFF REPORT CUP 67-048, ODA 8]~_d - NEIRICK May 11, 1988 Page 4 Council. If however, the Planning Commission's previous concerns are not resolved, the previously recommended denial should be reaffirmed and forwarded to the City Council. Respyeetful~ly ~dyitted, Bra B er`~% City P annex BB:AN:js Attachaents: Development Agreement Letter of April 22, 1988 from Alan C. Nei rick General Plan Amendment Resolution of Approval Development District Mendment Resolution of Approval Planning Commission Reports pL J . . ~ ;•; :::. : •::: : c • • .... . .... StZ Bs. . ~ Gesssrai Plan .• _ , .:•1~: ~. ~1TL Development Districts /~ NORTH CITY OF RANCHO CUCAMOI~TGA PLANNING DIVISION ~ 37 ITEM: _l~~A 8~ •a4B/•Dly~ 8l •o? TITLE:~~+/~ton~nFy-t ~.~~~-t'R.K-'rs E%HIBIT: A SCALE: - O'~f~ /~ Sa~utoc ~~ ~J~a~N.p~+~v S~rANS ~,~,~a.R a 3~ ~ ~H~BK •Pj• i DRAFT I FOR DISCUSSION PURPOSES ONLY %~ William Silva, Deputy City Engineer, advised that ~if the alley is 1 dedicated, the City has the authority to make repairs. He stated that staff would research this issue. He further stated Lhat this developer is required to improve the entire alleyway one-half the distance between Ramona and Archibald. Commissioner Tolstoy reques±ed staff look into possible code violations by the adjacent businesses. Commissioner Chi ii ea supported i;he modification since the pro posai brings the project into conformance with the Foothill Specific Plan. She stated that the alley situation is unusual and did not fe=1 that the granting of a variance in this particular situation would(1@~ precedent setting. Further, that with cooperation between the developer and the City the alley will he cleaned up and made usable once again. Commissioner Bia ke sl ey stated that the modifications were an improvement to the project, particularly with respect to circulation. He supported the variance and stated it meets the intent of the Foothill Plan. Motion: Moved by 8la kesley, sece nded by Tolstoy, to adopt the Resolution approving Conditional Use Permit 85-19 Modification. Floti on carried by the following vote: AYES: COMMISSIONERS: BLAKESLE Y, TOLSTO Y, CHITIEA EME RICK, MCNIEL ,~ NOES: COMMISSIONERS: NONE GRGFNT fnMMlGGION FRS• NONF -rarried Motion: Moved by Tolstoy, seconded by Emerick, to adopt the Resolution approving Variance 88-05. Motion carried by the followi r,g vote: AYES: COMMISSIONERS: TOLSTO Y, EMERICK, BLAKESLEY, CHITIEA ,r...FNiEL ABSENT: COMMISSIONERS: NONE ~'OR ~IgCUSa rO d pUR~OcE~ r : + . . G. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 81-048 - WEIRICK PROPERTIES - A Development Agreement and request to amen the Land n .,..,.... .,s ~e., n.,.,.,..,, n, ,., s.,,m nss: ., ~.. u,,: ,.,.,,,.. n.,,.n Commercial fo rV 3.58 ac res Hof land, located on the so ut hwest~corner of Lomita Court and Archibald Rvenue - APN 202-151-33. H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 87-03 - WEIRICK PR PERTIES - A Development greement and a request to amend t e Deve opment District Map from "OP" (Office/Professional) to "N C" (NeighborhooC Commercial) far 3.58 acres, located on the southwest corner of Lomita Court and Arc hi6ald Avenue - APN 202-151-33. V Planning Commission Minutes -1- a ~~ May 11, 1988 pRAPT FOR pISCUSSION PURPOSES Oh11,Y I. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT C7-LY - WtlR16h PR PERTIES - pro posa to deve op a neighborhood commercial center with an office building and 5000 square foot restaurant totaling 39,988 square feet in ar. Office Professional District on 4.4 acres of land, located at the southwest corner of Lomita Court and Archibald Avenue - APN 202-151-33. A;a,-, Warr^^., a,«"c;?te Planner presented the staff report ret ative to the General Plan Amendment, Development uistri ci iunend~~~art and associated Development Agreements. Mr. Warren advised that the Resolution approving the Development District Rmendment should be modified by striking the negative clauses within the findings section. Staff concurred with the applicant's request that the tenant improvements not be tied to determining the completion of the project with the exception that the tenant improvements to the restaurant should 6e considered fulfilled prior to the project being completed. Chris Westman, Assistant Planner, presented the staff report for the Conditional Use Permit. He advised that the Resolution approving the Conditional Use Permit should be modified to include a condition stating that approval would be contingent upon approval of the Development District and General Plan amendments by the City Council. Chairman McNi el opened the public hearing. Hardy Strozier, representing the applicant, requested modifications to the Development Agreements. He requested that Development Agreement ,y,..., allow a restaurant s,ce in iiic 4 wC8 --""^ `""-' "'"4° to allow de si qn flexibility. He felt it would be appropriate to allow modifications in architectural design to be reviewed by the Design Review Committee or Planning Commission rather than requiring an amendment to the ordinance. Mr. huller stated that as currently written the Development Agreement states that if the applicant comes in with a minor development review whether on the restaurant or any where else on the center, it would be subject review and approval by the City Planner. He suggested that in order to address the applicant's concern, language could be added to state that modifications for an appropriate restaurant user shalt 6e reviewed by the Planning Commission. He concurred with the issue of square footage as addressed by the applicant. hir, Strozier -dd°tionally re queered that should the restaurant use not ,pa..~ materialize, the applicant 6e allowed io ira,ufEr 'hat "° !o recall use to keep the same 60/40 percentage of office to retail uses. There were no further comments, therefore the public hearing was closed. pR/y.~ FOR DISCUSSION PURPOSES ONLY Planning Commission Minutes -8- ~~ May 11, 1988 ~I OR/aFY ONLY ' F.OR QISCUSSION PURPOSES ~~ Chairman McNiel recalled that each occasion that the Planning Commission reviewed this project it had been the position that the site be retained as office/professt onal because of the number of elderly people who reside immediately adjacent to the Dro perty who need to have those services provided. Also, the property to the south was denied on the basis of what was being developed on this property. He pointed out that the City Council negotiated the 60/40 percentage with the developer; however, it was the consensus of the Plzn ning Commission during its review that from a planning perspective this project would not be of benefit to the surrounding area. rie could not sup purl he request t- transfer the restaurant site to retail, should the restaurant use be deleted, Commissioner Chi ti ea stated it is particularly important to retain the office/professional use on this property especially in light of the recommendation for denial of the project to the south. She felt that since the restaurant was the pivotal point in the Council's deliberation, she considered the use very important and it should be provided. She did not think it appropriate to add more commercial to this area. Commissioner Emerick stated that the best way to encourage a restaurant is by not making the alternative too attractive. He felt that by providing a commercial opportunity it would make it too attractive. Commissioner Blake sley concurred and pci rated out that this is the most commercially intensive corner in the City and much to much so given the ~[ traffic congestion and amount of available spacerlC°He did not support .~,:~ nr„_„~a ,,,d did ~nr ~~~n port adAi nn to thr cmm~er cial burden at this point. Commissioner Chi ti ea stated that the point raised relative to bringing arc hi4ectural changes back through Design Review is appropriate. Further, the only way she supported the request at all is with a Development Agreement. Commissioner Tolstoy concurred and complemented the project architect for sensitivity to the surrounding area, He felt the architecture would be an asset to the neighborhood. Motion: Moved by Tolstoy, seconded by Blakesl ey, to adopt the Resolution recommending approval to the City Council of Environmental Assessment and General Plan amendment 87-048 and related Development L - cGl~ -~nA nndi ii ~a lien rol afi Va lA iPna rat AyieeBi2ni wi ti r^y gr, «.. ~~~„ improvements. They Development Agreement modifications were that if there were arch tectural changes in order to attract the appropriate restaurant those changes would be referred to the Planning Commission for review and approval, and the establishment of a 4,000 square foot minimum for the restaurant site. Motion carried by the following vote: pRFa.~ w FOR DiSGUSSION PURPOSES ONi'Y C Planning Commission Minutes -9- ~`1 I May 11, 1988 p~aF OSES ONLY , SSiON PURP R pISC:U FO AYES: COMMISSIONERS: TOLSTOY, BLAKE SLEY, CHIT[EA, EMERICK, MCNIEL ~~~~ NOES: COMMISSIONERS: NONE A85E NT: COMMISSIONERS: NONE -carried Motion: Moved by Tolstoy, seconded by Bla kesley, to adopt the Resolution recommending approval of Environmental Assessment and Oevelapme n t District Amendment 87-03 to the City Council. Motion carried by the following vote: AYES: COMMISSIONERS: TOLSTOY, eLAKESLEY, CRITTER, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE -carried Motion: Moved by elakesley, seconded by Tolstoy, to adopt the Resolution approving Environmental Assessment and fonditional Use Permit 81-29, wi th an additional condition stating that this approval was contingent upon approval of Environmental Assessment and General Plan Amendment B7-048 and Development District Amendment 87-03 by the City Council. Motion carried by the following vote: AYES: COMMiSSI0NER5: BLAKES LEY, TOLSTOY, CH RIEA, EMERICK, MCNIEL NOES: COMMISSIONERS: NONE nocru r. rnuureernuroe. unur ...., .,a • + + • : K. ENVIRONMENTAL ASSESSMENT ANO ET[WANOA SPECIFIC PLAN AMENDMENT 88-02 - CITY OF RANCHO CUCAMONGA - A request to amend the Eti Wanda Specific Plan to establish a Community Trail on the west of East Rvenue from a point roughly 1400 feet north of Highland Avenue extending north to 24th Street. and to establish a consistent wall design and setback for East Avenue. Scott Murphy, Associate Planner, presented the staff report. Chairman McNi el opened the public hearing. rir. Mo"uui re, Eiiwmida resi dens, opposed the trail aiignmeni as cu rre ntiy proposed. Mr. McGuire also addressed the realignment of East Rvenue and felt it was more appropriate to straighten out the street rather the curve proposed. DRp`~ Y ~i,.,. CUSS PURPOSES ONt- ION F6F~ ~l ~, Planning Commission Minutes -10-~~ ~ May 11, 1988 RESOLUTION N0. Z5 O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT AND GENERAL PLAN AMENDMENT 87-046, AMENDING THE LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN NHEREAS, the City Council has held a duly advertised public hearing `- ccnsidar all cu~r~enU un the proposed Development Agreement and General Plan Amendment (GPA 87-040). NHEREAS, the Planning Commission of the City of Rancho Cucamonga held a duly advertised public hearing on May 11, 1988 to consider all cam~ents on the proposed Development Agreement and General Plan Pmenv,nent (GPA 87-048) and has recommended approval of the Agreement and application, and issuance of a Negative Declaration. SECTION 1: The Rancho Cucamonga City Council hereby makes the following~nd~ngs: A. The Development Agreement and Pmendment do not conflict with the Land Use Policies of the General Plan. 8. The Development Agreement and Amendment promotes goals of the Land Use Element. The Development Agreement and Amendment would not be matenaiiy iniunous or aetrlmentai to the ad,7acent properties. SECTION 2: The General Plan Land Use Element shall be amended as follows: Assessor's Parcel No. 202-151-33, approximately 3.58 acres of sand located on the southwest corner of Lomita Court and Archibald Avenue shall be changed from Office to Neighborhood Commercial. SECTION 3: A Negative Declaration is hereby approved for this Developmen reement and General Plan Amendment, based upon the completion and findings of the Initial Study. NGii, iH'cREFORE, BE iT REJULYED, 'that the Rancho Cucamonga City Council does hereby approve Development Agreement 87-03 and General Plan Amendment 87-048. a~-3 ORDINANCE NO. ~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PMENDING THE DEVELOPMENT DISTRICT MAP FROM OFFICE/PROFESSfONAL (OP) TO NEIGHBORHOW COMMERCIAL (NC) FOR 3.58 ACRES OF LAND LOCATED AT THE SOUTHNEST CORNER OF LOMITA COURT AND ARCHIBALD AVENUE - APN: 202-151-:13 WHEREAS, on the 11th day of May, 1988, the Planning Commission held a duly advortt;ed public hearing pursuant to Section 65854 of the California Government Code to consider the Development Agreement and Development District Amendment Ne. 87-03 and recommended to the City Council adoption of a change in the district designation from Office/Professional (OP) to Neighborhood Commercial (NC) for the property located at the southwest corner of Lomita Court and Archibald Avenue. WHEREAS, on the 1st day of June, 1988, the City Council held a duly advertised public hearing pursuant to Section 65854 of the California Government Cade to consider the Planning Commission recommendation and public input on the Development Agreement and Development District Amendment 87-03. WHEREAS, the City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The Rancho Cucamonga City Council has made the fallowing findings: 1. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, ana campattotn ty with the existing land uses in the surrounding areas; and 2, The proposed district change would not have a significant impact on the environment, nor the surrounding properties; and The proposed district change is in conformance with the General Plan. SECTION 2: The Rancho Cucamonga City Council has found that this project wiTT no~reate a significant adverse impact on the environment and approves the Issuance of a Negative Declaration on June 1, 1988. NOSI, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the City Counctl of the City of Rancho Cucamonga hereby approves on the 1st day of June, 1988, Development 0lstrtct Amendment 87-03, changing the district designation from Office/Professional (OP) to Neighborhood Comnerctal (NC) for the property located at the southwest corner of Lomita Court and Archibald Avenue. U CI'PY OF RANCHO CUCAMONOA MEMORANDUM _ ~~ DATE: June 1, 1988 T0: Mayor and City Count ilmembere ~r FROM: Mark Lorimer, Senier Adminis trance Aa aie tent l/~f~tJL- SOBJECT: Mercv Ambulance Permit Renewal RBC011l6NOATI09 It is recommended [het [he City Council approve Mercy Ambulance's request far the renewal of its ambulance services permit to provide ambulance eerv ice within [he City. BACRfR006D Mercy Ambulance has aubmxtted an app lxca non xoi ienewai or rte annuei ambulance services permit and reque eta approval of the application and issuance of the permit valid July 1, 1988 through June 30, 1989. The current permit for Mercy Ambulance will expire on June 30, 1988. Mercy Ambulance has submitted all fhe neceaa ery dot umenCa and information to the C i[y pertaining to the renewal of an ambclance service permit. The principal owners which have Eiled for a renewal of the permit under [he company name of Mercy Ambulance Service, Incorporated (8190 Mango, Fon[ana~ California 92335) is as follows: P tint ioal owners: Homer Aer te, Don R¢ed, Steven Dickmeyer, Terry Ruea The application submitted requests a permit [o operate an ambulance service within the City and to provide ko[h bee is life support and advance life support e erv ices. For your informsfiun, to adminia far advance auppJii -. requires paremed is level training, while to administer ~bea is life support services requires emergency medical technician (EMf-lA) [reining. According [o the application aubmitte d, Mercy Ambulance has been opera[i.ng in Rancho Cucamonga for eight years end prov idea eerv ices from two ambulance ae rvice locations -- (1) at 8300 Foothill Boulevard and (2) at 9400 Beee Line Road. Ae required by [he ambulance ordinance, all neceaeery supporting documents have been submitted and signed by the ovnere of Mercy Ambulance. These documents include the Eo llowing: ^ x ~ Ambulance Report June 1, 1988 Page 2 * App licent's name and general information * Description of service locations * Deacr ip lion of service vehic lee * AL1 applicable CHP vehicle inapec [ion repor to * Inventory of medical eupp lies * Inver.[ory of personnel and all Ambulance Repor to * Applicable certificates * All applicable licensee and permits (i.e. Rancho Cucamonga business license County ambulance pexmit~ CRP license) * All nece asary insurance oe rt ifica[ea * Verification that the applicant has not committed an ac[ to which would be grounds For revocation or denim of the permit * Verification [fiat there ere no pending legal ac Cigna wh i.ch ere app iicaoie co cn is permit * Schedule of rates * Statement of public interest * Service applicability to the City Again, all doc umenta end information submit led ae part of the attached application are in order and have been reviewed and verified by City staff. The only question remaining regarding [he request would be whether or not Mercy Ambulance has complied with the requirements o£ minimum response time estab liahed at a minimum of ten minutes et a frequency rate of not less then 95S of [hose calls. According to the reaponae loge maintained by the Foothill Fire Protection Diatric [~ [he [e [al of Mercy Ambulance's reaponae times may be under .. :... .. ........ .: _. ~..... n_.__..__ .v. n:... r_..__a _~.,.n~ ~...,,_ a eyu . oyv ••vwc. .~ ~ ~ ..~ .~ ~ =r ins mind[ Mercy Ambulance claims that ~[he reaponae loge maintained by the Fire District do not allow for the moat ec cure to indication o£ time from when the call ie dispatched to Mercy Ambulance until the time the ambulance actually arrives on the ace ne. There appears to be a differential of up [o two minutes between [hose reap once times logged by the Pire District and those reaponae times logged by Mercy Ambulance. I have attached a copy of the Foothill Fire D iatr is is cot®ente regarding Mercy Ambulance reaponae times. In addition, Mercy Ambulance has submit tad a letter in reaponae [o th ie ie sue. 1'1CJ Ambulance Report June 1~ 1988 Page 3 A public hoer ing hoe been net For th ie item and notification Lae been pub liabed in the Daily Report. Representatives from the Foothill Fire Die trio and from Mercy Ambulance will be in attendance at the City Cvuvcil meeting on Jnne 1 to answer anp queatione that City Council may have regarding the epee ific question of response eimes or any other matter pertaining to the renewal application. I have attached a copy of the ambulance permit application checklist which verifies that all the information necessary hoe been submitted. Ia etaf f's opinion, Mercy Ambulance meets Che minimum requirements as eetab liehed 6y the City o£ Bencho Cucamonga. I have also attached a copy of the ambulance renewal application (omitting copies of personnel certificates and C8P inspec [inn reports for each vehicles )~ sa well ae a copq of Rancho Cucamonga'a ambulance ordinance. Should you Gave any queatione or co®ents regarding this is eue~ plea ee dv not heaite to [o con[acr me. lR.: hk Attachment e: Checklist Fire Die tr ict Response Time Aeport ____ _ ____ _ __- •_-_4..1___ c v _ .. ~ Application R.C. Ambulance Ordinance 88-248 a~-~ Al01DI.AHfS PHHMS C~CB1.ISi Requirements of Meets Doee not meet Ordinance Comments Requirements Requirements Provider certified for See attached advanced Life support Caun[y Permit X Provider certified for See attached basis life support County Perini[ X Ambulance station coin- 2 RC etatione p lia¢ce w/City raga letione 8 West End etatione total R Minimum number of ALS ambulances i¢ City 2-4 in City R Pe rmite-RC Bus ineee License Expires December 31~ 1988 X Permits-SB Cnty Ambulance permit Expires Sune 30~ 1988 R Ambulance personnel 35 EMf-Peraaedice c er[icicacinn vv un. -i.+ Service records ma into fined X CEP vehicle inepec ti on reports Filed X $4 million minimum general Amount aqua la $5~000~000 liability insurance Expires December 19~ 1988 R Workere~ compensation insurance See attached R Declaration of truth See attached X Statement of public interest See attached R _c .~ m_- ~-mY uaa~c o.w u City ordinance See attached X Service rates Comply with County X Ambulance vehicle certification 34 vehic lee in fleet X a~-~ CITY OF RANCHO CUCAMONGA MEMORANDUM - `- :;'~ ~. DATE: May 17: 1988 TO: City Council and City Manager FROH: Meek R. Lor imer~ Senior Adminie [ratiVe Aes is Cant SOBJECT: Mercy Ambulance Response Time Report The Poothill Pire Protection District has provided response tine ca lculatione for services provided by Mercy Ambulance during the period Julys 1987 through Herch~ 1988. These calculations are provided in this memo for your reference. P Lease note that the city's ambulance ordinance requires providers to respond to service ca lle within 10 mina tee, 95X of the time. The percentages outlined below indicate that Hercy Ambulance has not complied with this provision during [he period Julys 1987 through Herch~ 1988. Hercy Ambulance has noted that the figuree provided by the Poothill Pire Protectioo Die trio should not be considered ae accurate since there appears to be a 2-3 miwte differential time between the Die tr ict'e figuree and those of Hercy Ambulance. Ode problem which hee plagued Mercy Ambulance for some time and which has dreatica lly reduced the response time percentages ie the fact that there ie no awe...... ... . pa ug suite w airc R tiwanda~area are usually dispatched afrom either then BaaevLine Road or Foothill Boulevard Stations. This lengthy die [ante is certainly the primary factor of why cells to the Etiwanda area experience excessive response time e. AC Che present time, repreeentat ivee of Mercy Ambulance indicate they are attempting to locate a new ate tion on Etiwanda Avenue, north of Miller Avenue. In addition, Mercy Ambulance would like to relocate their Poothill Boulevard station to a ei to at Vineyard and Arrow in order to provide better service and response times to our community. Should you have any questions or comments regarding the response time report end calculations provided below: please feel free to contact me. Percentage of Reapanse Celle Responded to 'I'nn W. ~L:n la wi a.. F.a 3u1-Sep 1987 92.1X Oct-Dec, 1987 88.4X ,len-Mar, 1988 89.9X Percentage of Calla Responded to 7.9X 11.6X 10.1X MRL:hk 88-271 aa-q ., ;, t=, `i is:' ai:r 1, AMBULANCE SERVICE. INC. "A Perametlic Provider" P.O. Box P Fonl an a. CA 9233d~0366 pidl 0294J66 • I]1d1899~2502 Tel etax l/~ol souaaos HLA-953-88 May 25, 1988 Mr. Lauren Was sermon, City Manager City of Rancho Cucamonga 9320 Baseline Rancho Cucamonga, CA 91730 Dear Mr. Wasserman This letter will aervr as an update {n Mercy's proeress to enhancing paramedic ambulance service to the City of Rancho Cucamonga over the past 12 mon[he. As you know we currently provide service from two locations within the City. The first located next to [he Sycamore Inn an Foothill Boulevard, [he second at Basel Lne and Amethyst. In [he past the ae two locations provided adequate coverage [o the City, but due to recent growth and traffic conga at ion, we now find its virtually i.mpessib le to meet overall response time standards. As a solution, Mercy has budgeted a third 24 hour paramedic ambulance to be stationed at a facility we recently pn rc hawed at Etiwanda and Miller. Uur aru dies show [hat this new station will enhance service [o the residents of [he eastern portion of the City, A second change we ere making is relocating the Sycamore Inn station to [he Sou[hwe a[ corner of Arrow and Vineyard a[ Vf neyard Wes[ Business Park. A[ our current location we have a difficult time gaining acceae to Foothill Boulevard due [o traffic conditions. We believe the new location wi 1.1 give the paramedics much better access to traffic flow which will enhance response times Dar[icular lv [o Che eou[hern pot [Son pf cite ~i[y. Last fall Mercy implemented a $250,000. computer aided diepe tch sye[em. The computer which is state of [he art was created to bend le emergency ambulance responses in a metropolitan area. The system not only mem- orializes the activities [he[ are taking place but helps the die patcher make dec ie ions as to where unite need to be moved to maintain the beat passible utilization of resources. In add pion, we purchaeed new Cwo way red loo for all [he ambulances and [he Communication Center. aso Page 2 May 25, 1988 Enclosed as Attachment A, is a copy of a Letter of Intent between Mercy and Ontario Pire Dispatch Center to interface via computer modem [he two die patch centers. This will allow for instantaneous notification of mad ioal emergencies from the Ontario Fire Dispatch Center to Mercy. It will eliminate the ongoing problems of timeliness and human error that has been experienced in the past by both agent iea. qs you may have seen ou disp my ai ~= anu~a ..,."--.-.ga .,..-.:--- Expo, one of 18 new 1988 Ford paramedic ambulances recently delivereda~ to Mercy a[ a cos[ of $684,000. We have also expended over $100,000. to replace cardiac and telemetry equipment used by the paramedics. I wish to thank Chief Michael and F.is staff at the Foo[h ill Fire Protection District for [heir ongoing cooperation and their sharing with Mercy [he late at fire mapbook. A copy is in each of the Mercy Paramedic Ambulances. In order to keep the City of Rancho Cucamonga informed as to the acti- vities of Mercy on a more contemporary basis, we pro ¢o se [o send you a quarterly report detailing response times in the City and any items that may be of interest to you and the Council. Attachment B Ls Mercy response times for the City from the period October 1987, to May 23, 1988. In closing, D(ercy has made many positive steps in the community. We feel with the new E[iwanda Station and the other commitments we will more than meet response standards. Sincerely, ,~, n ~ omer L. Ae rt _ Director RLq/rm asi AITACBMeq'L A A MBUUNCE SERVICE, INC. "A Paremedlc Pmvidex" P.O. Box P Fontana. CA 923940356 p1q 823-1056 • Vi4) 8942502 Talefax Qtq 35Q8a53 RLA-949-88 May 24, 1988 Leo Badras, DirecCOr of Communica[iona PRECOMM 200 N. Cherry Ontario, CA 91764 Dear Mr. Badras St ava Walz and my sz if appraciatad the time t`.at y-oa and your s..e... Cook last week to show us how Hercy Ambulance Service, Lnc. and PRBCOPPf could interface on computer aided diapaCCh. Steve and I were moat enthua ias tic wiCh the information that vau shared with ua. Me rev in- tends to participate with Ontario Fire on the printer and modem [hat you discussed with us. Mercy will pay all coats For equipment and services associated with [he interface. Again thank you for taking the time to aeet with us. S SP~ ie ly, R Aert / ~% Director RLA/rm X5'2-- ATTAC@~1'f S The chart below real ects Fesp ~~Se Times as calcul ateG by Mercy Ambulance Inc. for the city of Rancho Cucamonsa. MONTH L AVG Oct .'97 90.6 6.16 mins. Nov .'87 90.2 6.63 mins. Dec .'97 93.0 5.97 mins. Tan .'99 99.6 6.11 mins. Fab .'98 92.5 5.70 mins. Mar .'8@ 92.3 5.60 mins. April 99 93.8 6.40 mins. May 89 94.7 5.44 mins. CANCE~~.., RUC:B NCT INCLUDED MONTH :C AVG. Oct .'87 90.5 5.69 mins. Nov .'67 68.4 5.6f mins. Oec .'67 92.9 5.76 mins. Jan .'66 91.7 °..39 mins. Feb .'66 91.9 5.53 mins. Mar .'68 92.6 5,33 mins. r°il po on_f b,in m_ ._. May 68 95.4 5.26 mins. eCANCELLED RUNG INCLUDED as3 - [,111 yr nnlY l.nv ~,V t,ti/nvlV tlN MEMORANDUM DATE: April 20, 1988 T0: City Coune it sad City ,1Manager PRvM: hark R, for imer i""~GT+-.'~ Sr. Adminiet restive Aae is Cant SOBSECT: Ouerter lv Ambulance Aesoonee Aeoert The Pooth ill Pire Protection Dia [r ict has released iu first quarter of 1988 Ambulance Reepanee Time Aepor t. Aa i¢dicafed o¢ the attached report, Marcy Ambulances rhich ie the Bole provider of emergency ambulance eervicee~ responded to 476 Code 3 ca lle during ./anwry-Marche 1988. During that periods lfercy Ambulance responded to 428 of the 476 ce lla within 10 minutes (89.9;). While the 89.95 response time recorded for the fire[ gwrter of 1988 is below the 95; re aponee time requirement of the Ambulance Ord inaaca~ the Poothill Pire District i¢d icatee that Mercy Ambulance ie doing all they can to provide an appropr iaee level of reeponee. In add ition~ • •ignifieant improvement has been made in the number of delayed calla die pa[ehed by the Ontario substation to Mercy Ambulance. Mercy Ambulance has race ived as app licatioA Eor renewal of its Aebulance Service PermiC. In the event Mercy Ambulance raqueah renewl of i[• permi[~ c ooWrehene ive revrer of reeponee [rhea marutarned Dy Marcy Ambulance rill be provided to the City Council. In additions staff rill be rorki[:g rith the Pire Die tr ict and Mercy Asibu lance to identify arena which may help to reduce the number of responses exceeding 10 minutes in order that Mercy Ambulance may meec the 95; reeponee time rate required by city ord ieance. Should you have any queatiow or cosaaents regarding this report. please feel free to contact me. HRL:baa .~~ update and Review of San Bernardino County Ambulance Ordinance and Quartzrly Ambulance Response Times Page Four April 6, 1988 Total h of Ca Lls Exceeding 8 of calls code 3 calls 10 min. Response within 10 min. JAN Sta 1 73 5 93.1 Sca 2 77 Sta 3 23 ° 92.2 9 60,8 TOTAL 173 20 88.9 FEB Sta 1 41 7 82.9 Sta 2 60 4 93.3 Sta 3 19 3 84 2 TOTAL 120 19 . 88.3 MARCH Sta 1 81 2 97.5 Sta 2 83 5 93 9 Sta 3 19 7 . 63 1 TOTAL 183 14 . 92.3 QUARTERLY TOTAL Sta L 195 14 92.8 Sta 2 220 15 93,1 Sta 3 61 19 68,8 GRAND TOTAL 476 48 89.9 RM/rb Attachment cc: Lauren Wasserman Mark Lorimore Mercy Ambulance ~5~ update and Review cf San Bernardino County Am.bu lance Ozdinance and Quarterly Ambulance Response Times Page Four April 6, 1988 Total !~ of Calls Er,ceedi rg 8 of calls Code 3 Ca115 10 min. Response Within 10 min. JAN Sta 1 73 5 93.1 Sta 6 92.2 Sta 3 23 9 60.8 TOTAL 173 20 88.4 FEB Sta 1 41 7 82.9 Sta 2 60 9 93.3 Sta 3 19 3 84.2 TOTAL 120 14 88.3 MARCH Sta 1 81 2 97.5 Sta 2 83 5 93.9 Sta 3 19 7 63.1 TOTAL 183 19 52.3 QUARTERLY TOTAL eta 1 195 14 92.8 Sta 2 220 15 93.1 Sta 3 61 19 68.8 GRAND TOTAL 976 48 89.9 RM/rb Attachment cc: Lauren Wasserman bta rK Lorimore Mszcy Ambulance asp CITY OF RANCHdCQCAMbNCAc-` -' - -- MEMORANDOM - ~ ~' -. DATE: January 27, 1988 T0: City Council City Manager FROM: /Mark R. Lorimer -,~ Sr. Administrative Assistant SUBJECT: QUARTERLY AMBULANCE RESPONSE REPORT The Foothill Fire Protection District has released its fourth quarter of 1987 Ambulance Response Time Report. As indicated on the attached report, Mercy Ambulance, which is the sole provider of emergency ambulance services, responded to 441 Code 3 calls during October - December, 1987. Our!ng that pericd, Mercy Ambulance responded to 390 of the 441 ca115 within 30 minutes (88.45). While these response times represent progress from the average 87% reported for the second quarter 1987, the percentage of calls responded to within 10 mina tos is signiricantiy lower roan the 94S reported for the previous quarter of 1987. While the 88.4% resDOnse time reto rded for the fourth quarter of 1987 is below the 95% response time requirement of the Ambulance Ordinance, the Foothill Fire District indicates that Mercy Ambulance is doing all they can to provide an appropriate level of response. In addition, a significant improvement has been made in the number of 4elayed calls dl5patched by the Ontario substation to Mercy Ambulance. Mercy Ambulance has received an application for renewal of its Ambulance Service Permit. In the event Mercy Ambulance requests renewal of its permit, a comprehensive review of response times maintained by Mercy Ambulante wilt be provided to the City Council. In addition, staff will be working with the Fire District and Mercy Ambulance 4o identify areas which may help to reduce the number of responses exceeding 10 minutes in order that Marty Ambulance may meet the 98X response time rate reeuf red by City erdinante. Should you have any questions or comments regarding this report, please feel free to contact me. MRL:emm ash ~~'~1tIlIlllll ~IlII'C 1~RC~'lEC'I'I~T~' IDI~'I'I~IC°~' STAFF REPORT TO: Board of Directors FROM: Chief Michael PREPARED BY: Division Chief Ron Mayfield SUBJECT: Quarterly Report - Ambulance Response Times and R.F.P. for Engine Company Paramedic Implementation Program DATE: January 6, 1988 I have calculated the ambulanee response times for the fourth quarter of 1987. The following response times are broken down by stations first in District. TOTAL CODH + OP CULLS ESCEHDING i OF CALLS 3 CALLS 10 MIN. RHSPOtiSB WITHIN 10 MIN. OCT. STA. 1 71 8 88.78 STA. 2 73 6 91.78 STA. 3 20 5 75.08 TOTAL 164 19 88.4 NOV. STA. 1 89 10 E8.768 STA. 2 43 4 90.698 STA. 3 9 4 55.58 TOTAL 141 18 87.21 DGl'. STA. L 53 4 92.48 STA. 2 70 8 88.58 STA. 3 13 2 84.68 TOTAL 136 14 89.71 asg Statf ~epcrt January 6, 1988 Page Two QDARTERLY TOTAL STA. 1 213 22 89.679 STA. 2 i86 18 90.328 STA. 3 42 11 73.89 GRAND TOTAL 441 51 88.48 Foothill responded to 441 Code 3 calls in the fourth quarter of 1987. Seven (7) o£ the 441 calls had a 3 to 7 minute delay in dispatch between the fire units and notification of Mercy Ambulance. These numbers in comparison to last quarter of 31 out of 464 delayed calls has shown a marked improvement by On[ario Dispatch. Again, I can assure the Board Mercy Ambulance is doing all they can to provide the level of response desired by the Board of Directors. i will continue to provide the Board with a quarterly ambulance response time report throughout the year of 1988. Attached for your information is a copy of the Request for Proposal (R.F. P.) for an Engine Company Paramedic Implementation Program. I sent the first Aravt .,F the x.F.P, to the E.M.S. Committee and our legal counsel for comment and review. The only comments I received back was from our legal counsel, Mr. Demchuck. Mr. Demchuck suggested two small changes: 1. The availability c£ staff's time to assist the consultant in collecting information. 2. A maximum allotment o£ time for completion of the study. Both of Mr. Demchuck's suggestions were incorporated in the final copy under page 2 of appendix A, letters G b F. The proposal has been sent to the various consultants for review. I will continue to update the Board as to the progress of the A.F.P. Attachments cc: Mark Lorimore City of Rancho Cucamonga Clark Jones ~5`~ Mercy Ambulance J vala yr nniva.nv ~,UVHMVIVGA MEMORANDUM DATE: October 15, 1981 T0: Mayor City Co unc ilmembe rs City Manager "~~~ FROM: Mark Lorimer, Sr. Administrative Assistant ~X.te%1 SUBJECT: Ambulance Resadnse Time Reoort The Foothill Fire Protection District has submitted its ambulance response time report for the third quarter of 1987 (July, August, September). Since the City Council last considered the issue of ambulance response times, Mercy Ambulance and the Foothill Fire Protection District have met to restructure the call re por Zing system in order to assess a more accurate report of response times. As the attached report from the Fire District indicates, 92% of all calls dispatched to Mercy Ambulance were responded to within the ten minute time nA .~ °° ~ `° '~- - ~~ :`: .~.'t~~i u~imuia~tic via iuan~e• Tne yrealelL proalem appears to-be fo r~-those calls which are responded to in the Etiwa nda Area (Station 3). While 92% is still below the required 95% ten minute requirement, it represents a significant progress from the average of 81% reported for the second quarter, 1987. The Foothill Fire Prn tec tion District attributes this progress to a newly devised system far tracking ambulance response times that wilt allow the least amount of error possible for recording. This system was a joint effort between the District and Mercy Ambulance. Should you have any questions or comments regarding this report from the Foothill Fire Protection District, please do not hesitate to contact me at your convenience. Staff will keep the Cf ty Council up-to-date with future quarterly ambulance response time reports as they become available. KL :ir attachments a ~o r ®a~~n~~ ~nr~e ~1E~01~I'~~'I1'~~ ~~ ~~~ ~~~ STAFF REPORT TO: Board of Directors FROM: Chief Michael EY: Division Chief !4a?f ieid rh~i SUEJECT: Quarterly Feport - Ambulance Response Times DATE: October 7, 1987 have calculated the ambulance response times for the third quarter of 1987. She following response times are broken down by stations first-in district's. TOTAL COD£ k OF' CALLS EXCEEDING 8 CALLS WITHIN 3 CALLS 10 MINUTES 1C MINUTES STATI OF 1 220 i8 91.8 8 STATION 2 207 10 95.168 ~,.,T10N 3 57 i0 82.458 TOTAL 484 38 92.14E ~ wril contraue to monitor the response times through the end of the year. Tre aer.t report will be presented at the January, 1986 Hoard meeting. The evaluatior. process has brought to lire two interesting points _. Apprc r,imately 2/3 of our reported late response times are adjusted by Mercy to meet the response criteria. 'his is contributed to late dispatch, and a small percen- tage to the difference is on-scene time reported bg the two agencies. 2. Foothill responded to 484 code 3 calls in the 3rd quarter of 1587. Thirty-one (31) of the 484 calls had a 3 20 6 minute d?lay _ di` ^h ..'~w22u file lire _..__.. and nctrTication of Mercy Ambulance. We are trying to correct all problems that will increase cur lever of service in the City of Rancho Cucamonga. ~y >"{ ~lvl I CI'1-Y OF RANCHO CUCAMONI;A e,., oew ao, o~. a~ mgt., ~. ynm. ~tp veyaest CITY OF RANCHO CUCAMONGA AMBULANCE SERVICE PERMIT ISSUEO T0: Mercy Ambulance Service. Inc. (aka Trans-Medical. Inc. dba Mercy Ambulance} BUSINESS AOORESS: 8190 Mango Avenue, P. 0. Box "P", Fontana 92334 PERMIT EXPIRATION: June 30, 1983 The ambulance service provider named above is granted authorization by the City of Rancho Cucamonga to operate an ambulance service within the City limits according to all applicable Federal, State, and local laws and regulations. Certified personnel and vehicles described on the attached schedules are authorized to be employed or used by the ambulance service within the City of Rancho Cucamonga. - auren M. Nasserman, City Mana r Date Is ued a~Z ~~ aeu. Deborah N. Btovn lameey IGn{ M ar.~ DenniaL Stout GTvlea 1. Buquvt 11 Pamela 1. Wriahl Irurm M. Wa,aeemm SAN BERNARDINO COL AM~UI,ANC CE PERMIT ISSUED TO: MERCV AMBULANCE SERVICE, I71C. DOING BUSINESS AS: MERCV AMBULAfCE SERVICE, iNC. LvI.ATGD li I: oiSO ^wi'iiiV> EUNIANA l:A 9Y33J is authorized by the Board of Supervisors to operate an ambulance service in the County of San Bernardino from July 1, 19 87 to June 30, 19 RS , 1,2,3, SERVICE AREA 4.5.9 NUMBER OF VEHICLES 32 BLS_~ALS 22 a~3 • STATE .,~ , _ a ~s1 INSVRANG• REII:.••:~'.~1tUV SEPTEMBER 25, 1987 POLICY NO. 789136-87 EAP $1,741 SJ MERCY nMBULANCE SERVICE INC. P.O. BOX P FONTANA, CALIF 92335 Thank you for renewing your State Fund Workers' Compensation Insurance Policy. Renewal documents for your policy are enclosed. Part Two - Employer's Liability Insurance is amended by Endorsement Agreement 2086. This endorsement adds a definition of bodily injury. It also clarifies the exclusion of claims arising out of personnel related actions such as termination, harassment and discrimination. Please read the endorsement carefully, If you have ary questions, you may contact your local district office: SAN BERNARDINO 375 WEST HOSPITALITY LANE SAN BeRNARDINO, CA 92408 TELEPHONE NO. (714) 884-7281 a~~- 5-fATE IgNE OFFICE SAN FRANCISW ANN .RATING ENDORSEMENT COMPiNSATION FN 5 u R A N C 6 IT IS AGREED THAT THE CLASSIFICATIONS ANO RATES PER f 100 OF REMUNERATION APPEARING FUN D IN THE CONTINUOUS POLICY ISSUED TO THIS EMP!QYER APE AMENDED AS SHOWN BELOW. NERE ARE YOUR NEW RATES f-0R THE PERIOD INDICATED. IF YOUR NAME OR ADDRESS SHOULD BE CORRECTED OH IF INSURANCE IS NOT NEEDED FOR NE%T YEAR, PLEASE TELL US. IMPORTANT THIS Is Nor A Blu CONTINUOUS POLICY 789136-87 SEND NO MONEY UNLESS STATEMENT IS ENCLOSED THE RATIND PERI00 BEGINS AND ENDS AT 1Y:OlAM RATING PERIOD 12-19-$7 TO 12-19-88 PACTFIC STANDARD TIME MERCY AMBULANCE SERVICE INC. DEPOSIT PREMIUM $1,044.00 P.O. BOR P MINIMUM PREMIUM S610.00 FOHTP3IA, CALIF 52335 PRBMEUM ADJUSTMENT PERIOD SERI-ANNUAL R SJ NAME OF EMPLOYER- MERCY A,9BULANCE SERVICE I:1C. A CORPORATION CODE N0. PAINC IPAL WORK AND RATES EFFECTIVE YO 12-19-88 8810 CLERICAL OFFICE EMPLOYEES--N. O,L. .74 7332 AMBULANCE SERVICES 18.71 ass TOTAL ESTIMATED ANNUAL PREMIUM $1,741 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO SEPTEMBER 25, 1987 POLICY FORM K 1L S'T'ATE EMPLOYER'S LIABILITY INSURANCE COMPENSATION AMENDED 789136-87 IN$URgNC¢ RENEWAL FU N D ENDORSEMENT AGREEMENT SJ HOME OFFICE SAN FRANCISCO EFFECTIVE DECEMBER 19, 1987 AT 12.0] A.M, PAGE 1L ALL EFFECTIVE DATES ARE AT 1201 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME NeRCY AMBULANCE SERVICE INC. P.O. BOB P FONTANA, CALIFORNIA 92335 ANY CONTRAOICTI_^N HETNEEH THE PCLICY ANC TH:S ENuORSEMENT N[LL BE COn7ROL LEO BY THTS ENWP.SEMENT. IT IS AGREED THAT THE ZNSURANCE AFFORDED BY PART TNO - EMPLOYER'S LIABILITY INSURANCE OF THIS POLICY IS SUBJER TG THE FOLLONI NG PROVISIONS, A. "NON THIS INSURANCE pPPLI ES". IS AMENDED TO READ AS FO LLOMS, A. HON THIS INSURANCE APPLIES THIS EMPLOYER'S LIABZLTTY INSURANCE pPPLI ES TO 8002 LY INJURY BY ACCI GENT OR BODILY IN.NRY BY DISEASE. BODILY INJURY MEANS A PHYSICAL OR MENTAL INJURY, INCLUDING RESULTING DEATH. 800I LY INJURY DOES NOT INCLI:OE EMOTIONAL OTSTRESS, ANXIETY, DISCOMFORT, ZNCON- VENIENCE, DEPRESSION, OI SSATISFACTION OR SHOCK TO THE NERVOUS SYSTEM, UNLESS CAUSED BY EITHER A MNII FEST PHYSICAL INJURY OP A DISEASE KITH A PHYSICAL OVSFUNCTiON OR NNOITION RESULTING IN TREATMEM BY A LICENSED PHYSICIAN OR SURGEON. 1. THE BOOI LY INJURY MUST ARISE OUT OF ANO [N THE COUpSE OF THE INJURED EMPLOYEE'S EMPLOYMENT BY YOU. R. THE EMPLOYMENT MIST eE NECESSARY OR INC IDENTPL TO YOUR MOPK IN CALI FORME A. D. 0001 LY INJURY BV ACCI GENT MUST OCCUR WRING THE POLECY PEpI00. .. - - ~ ~ i oc ~RU~w un pNGRPVATEO 8Y THE CONDITIONS OF YOUR EM- PLOYMENT• -TMEYEMPLOV EELS LAST DAY OF LAST E%PDSURE TO THE GDNOITIONS CAUSING OR AGGRAVATING SUCH 800I LY INJURY BY DISEASE MUST OCNR WRING THE POLICY PER200. E. IF YOU ARF SUED, THE ORIGINAL SUIT ANO ANY RELATED LEGAL ACTIONS FOR DAMAGES FOR BODILY INJURY 0Y ACCZ DENT OR BY DISEASE MUST BE BROUGHT UNDER THE LAMS OF THE STATE OF CALIFORNIA. C. "E%CLUSIONS", IS AMENDED TO READ AS FDLLOMS, ~~ 0. E%CLUSI ONS THIS INSURPNCE WES NOT COVER, I. LIABILITY ASSUMED UNDER p CONTRACT, Z. PUNITIVE OR EXEMPLARY DAMAGES NHERE INSURANCE FOR SUCH LSpBILZTY i5 PROHZBITEO BY LpN OR CONTRARY TO PUBLEC POLICY, 3. 800I LY INJURY TO AN EMPLOYEE MNILE EMPLOYED IN VIOLATION OF LAM KITH YOUR ACTUAL KNONLEOGE OR THE ACTUAL KNOMLEOTiE OF ANY OF YOUR E%ENTIVE OFFICERS, 1. ANY OBLIGATION IMPOSED gy A NORNERS' COMPENSATION, DCNPATIONAL DISEASE, UNEMPLOY- MENT CGMPENSATION, OR DISABILITY BENEFITS LAM. OR ANV R[MiL AR LAM, BUUf LY SNJ:IRV TNic4iiM14A1, ABATE e, 8002 LY lNJURV ARISING OUT OF TERNI NATION^OF EMP LOVNENTV OR 7. 80DILY INJURY ARISING OUT OF THE COERCION, DEMOTION, REASSIGNMENT, OISC[PLI NF, OEFAMAiiON, HARASSMENT OR MIMZL IATION OF, OR DI SCpIMINATION AGAINST ANY EMPLOYEE. NOTHING IN THIS ENDORSEMENT CONTAINED SMALL BE HELD TO VARY, ALTER, WAIVE OR E%TEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITA710N$ OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLI ry SHALL BE HELD TO VARY. ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS. AGREEMENTS OR LIMITATIONS OF THIS EN00 RSEMENT. COUNTERSIGNED ANO I~SUEO qi SAN FRANCISCO SEPTEMBER 25, 1987 AUTHOR4E0 RE PPESnV"A. Jf S'F^' 2086 DECLARATIONS fDR A BUSINESS AUTO PAGE 1 AMFl10E0 03/D1/88 ~, POLICY NO: AS 8 82 57 32 ~ ~ ~ .. ZTFM I PRO ~ - -R N1 F Nn AOD FK j MERCY AMBULANCE ~ _ ;.. "t~~- •. A B I INSURANCE SERVICES P 0 BOX P ,. " ~- ' -' ~ 2686 JOHNSON OR # 101 ~~ ' --~~ FONTANA ~ . CA 99334 -.~~ , . VENTURA CA 93003 ,.: . -:. .: r:a- PRODUCER CODE: 13908 .I20 '..r„w;, ;,_, BROKER: 770072231 ,: ~.,. FC054741, POLICY PEB IOC: FROM '6/26/87.70 '6/28/881 ;~:Ol `A.N: PACIFICTSTANDARD ~~TIME '~ i (AT THE ADDRESS OF ,THE NAMED .INSURED AS STATED-IN THIS POLICY) INSURED COMPANY AND CODE: 004 INDUSiRIAI INDEMNITY CHIP ' NAMED INSURED BUSINESS: ~ABULANCE COMPANY' ~ .~y', ~ ~~ FORM OF BUSINESS-~ CURPORAiiOM !._~~, ,, ADDITIONAL PREMIUMx ~-,'~; 5560 ITEM 2 ~ SCHEDULE OF COVERA6E5 AND COVERED AUTOS : ~ '~ (SEE SUPPLEMENTARY STATE ENDORSEMENTS YHERE APPLICABLE) EACH _ EACH i Y INJURY ANO PROPERTY DAMAGE .- ~~~ 3~60D-.OW _ BODILY INJURY ~ ~ _. c,,.'..,'.,.. -'- ~. , I. _ PROPERTY DAMAGE ~ - ." _~ ~XXXXXXXXXX '~`. AUTO MEDIC 0.L~PAYMENTS •'~' - ~ ~- _.~ ~, XXXXXXXXXX $ UNINSURED MOTORISTS ~ ~ ~~.: DESI GNAT® STATES: CA ~ ~ ~ 30.000 60s000 '', IXI CIABICI~NSURANCE 1_I PERS~IAL II(JURY PROTECTION ~_~ AUTO NED ICAL PAYMENTS IXI UNINSURED MOTOR IST INSURANCE ~.. ,r.• T SPECIFICALLY DESCRIBED AUTOS 2TEM 3 DESCRIPTION OF d3VERED AUftlS (REFER TD JACKET FOR DESCRIPTION)' THESE DECLARATIONS ARE~ISSUED IN CONJUNCTION YI'(H AND ARE PART OF POLICY ~i' FILINGCA 00 O1). REPORT BASIS: °~ ~ / RECEIVED APB', 1 41988 Fib ~ ~I~i~ ~ ~ ~~ ~'f ~~ ~ ~c~' AoPl ICATIUN FOR PE R.M IT TC PROVIDE A.°3 !'L ANCE SERVICES Please indicate the sere is e(e) for vh ich eppl icant ie eppl ying for a permi c. Advanced Life Support (Emergency Sere is ee) _ Basic Life Support (Nan-Emergency Servic ee) % He "~. Advanced Life Support and Basic Life Support Se rv is ee L INFORMATI O(( of ,see .._ ,_ - „e ,,,iiwing inf armaci on relative [o the amb uleace service propoeed [o be opera ced~V (You` may attach additional eh eete of paper to add co or explain any information required to be given herein.) B U5IN E$S NAME `fe rcy Ambulance Service, Inc. NATll RE OF BUS I- Corporation NESS (E.G. PART- NERSHIP, CORP.) Addr ees A190 Mango Avenue, P.O. Box P City Fontana, CA Zip Cude 92334 Phone 714-899-2502 or 714-823-1056 APPLICANT'S NAME Nomer L. Aer[s Res. Address 10761 Ni Llside Ci Cy 'Rancho Cucamonga Phone 7L4 -899-2502 _ Zip Code AFPL ICAN T'S NAHE Don Reed Res. Address 9650 Apric o[ C;, .. ,~ ho C amonga, Cn ...y Zip Code Phone 714-899-2502 APPLICANT'S NAME Terry Russ Ree. Address 16790 Ash City Fontana, CA Zip Code C~ Phone ]IL-A9e-950? C/L I\L!-1/ (COntlaued oe the follosrlog peas) Aab ulance Application Page 2 Please respond Co the folloring quash one a¢d prwide inf oruti oo ea requested rel etive [o certif is a[ion sod other Peru [a. 8 State [he nuaber of yearn in which appl icon[ bas operated in aobulance e ervice company under he buu nen pax snbmitied herein. _g YES Are ell of eppl icant'e aebulance penomel certified by the County, of San Seraardioo or o[h eT valid certifying agency [o be i¢ compliance with the _ NO midi ma a undards for aabul ante personnel as required by the Stele of California, the County of Sao Bernardino, City of Rancho Cucamonga and all other applicable loe al lavs7 If certified, please attach sa ezhi6ite Eull, [rue a¢d correct copi ee of the certificates or ocher evidence of current certif icaticn a to each ouch avbul enee employee. X YES Bave all of applica¢t's atauLaees proposed to be operated within Rancho Cucamonga bean ces Clf ied by the California Bighrq Patrol [o De i¢ NO compliance ritb the current mi¢isum rtandards Eoz ambulance vehicl ea a pertains to a physic al condi [ion, aq uipxnt and medical srppliq required by the State of California and all other applicaDL riles and rqul atioaa7 If certified, pleue attach a abiD its full, true and complete copi ea of the current rertif icatea or o[h ar evidence of currant certificati o¢ a to eacd asbul once. X YES Ia applicant's amhuLnu company currently certif iad by the County of Ssa Bernardino [o Drwide Advanced LiEa Ruenna n .•~..!?- .a: g.;, - nu or boa is life support asbuLnce service. or both, in the juriadic tion~o£ the Cowty of San Bernardino4 If ao cez tified, please attach a an exhibit e Eull, true and correct coq of the currant certificate or other evidence o£ current certification. ~_ YES Does applic sot nos hold or 6u applicant ever 6dd any previous permiC ro operate an aabulaoca service rithi¢ soy juriadic tion7 If so, please prwide the NO Business oaam and address of such ocher current and paR ^mbulaece services opevtad Dy applicant for [ha previous five (S) yun. Mercy ^.mbu lance Service, Inc.. per Frovider Areae 1, 2, 3, 4, 5 and 9 of [he San Be rnerdino CounC EMS Plan. ~ ~q Ambulance Ap pl icatiou Page 3 YES Nee applicav[ or eny ivtereet holder i¢ appl icav t`a asbulance Compavy ever bad avy ambulance peretit revoked or ew pevded? If ao, pleue prw ide the % name •vd addreu of wch bwivu• boldi vg auch permit which wu •uepevded or NO revoked, i¢ciudi 4: [he ¢aae of the revoking or euapevdi vg ag eacy avd the effective dates thereof, avd the reaeova [hezfore. AL o, ivdicate wheeher avy each revoked permit rae tubaequevtly re-ie cued by said revoki n8 agency. _ YES Eat applicant, withiv Cba preceding five yeah, counted anq ac [, rhicb if coui[tad by a~ parmi ttte, rauld be grouad• for deli al, auapevaiov or % NO revocatiav of a aobulavee permit inued bq the City of Ravcho Cucamonga4 If the anerer i• YES. •ta[e the nature, date and location of uch act, avd deacrioe the eireume [totes aurroundi vg such act. _YES Bee apDl ica¢t, or coq holder of avq interelt in applicant's ambulance 6ueiveu, been named ae n defendant in any law suit rhich perui¢t to the _~NO readerivg of aaduLacs •ervicea? If yee, idutify the court hrvi¢g juriadic [ion. the cue autber, •I1 par[i ea [o each auch Iwaai t, avd diapoai tiov, if say. Wn hwvn ,,,.r had w lwwaufe which Ls aonl icable Co [his permit applic a[ion. ~~O Amh ul ante Application Page 4 In the apace prw id ed bel w, please pzwide the inf or ma ti oo req oast ed pertaining to applicant's ambul once company. List alt partoere, of Eic ere sad all other hold ere of any inter eat in the eab ulaoce buaiaeea aseoci aced xith or oth ervise involved with the corporation, partnership, limited partnership, joint venture or otter bu ai Hess entity operating [he aaib ul once service identified in [hie eppl is eti on. In addition, pl ease i od icate the percentage of wnerehip arch individual listed maintains in [he ambulance _~=nY llama z of Ad~LE~l Gl[V Vhf (h+n rshio Ilomer L. Aerts 10761 Hillside Rancho Cucamonga 714-899-2502 30 .335; J. Steven Dickmeyer 1732 E . Mission Rd. Pallbrook 714-899-2502 30 .33% Terry Russ 1ti790 Ash Fontana 714-899-2502 30 .777. Don Reed 9650 A pr is o[ Rancho Cucamonga 714-849-2502 9 .00% S ~R9P ISe _I~OCATIORS Please prw ids the follwing information concerning the current ar proposed lOC atione of th oee ambulance ateti oms lot et ed or to be located within [he City of Rencbo Cucamonga and [he neighboring comauoi ti ee vhic6 appl is eat intends Co utilize to ex erciae anq permit to render emergency eervic ea granted hereunder. "Resposae time" means estimated ree pones time [n farthest point within Ran<ha Cucamang a. No. of Rea pooae A~ ul aoc ee 5[atinn Add Ci [v ~~ i i me R ot's A 8270 Fo oth i11,5u its M Rancho Cucamonga 982-9448 8-9 Mtn, 1-2 Units 9400 9aseline Suite A Rancho Cucamonga 987-9088 5 Min. 1- 2 Units 4YlY Holt Avenue Montclair 62b-9030 14-16 Mi n. 1 Unit 1385 4th Street Ontario 986-9321 7 Min i-3 U . nits L160 W. 9th Street Upland 982-9446 10 Min 1- . Z Units 8910 Juniper Avenue Fon[ena 829.9511 12 Mln 3 U i . n ts 6040 Riverside Dr., Suite F Chino 628-9041 20 Mi 1 U i n. n t 2172 8. Grave, Suite C Ontario 94]-9117 15 Min. 1 Unit ~ I Ambulance AppLica ti on Page 5 Please provide the Eollwiog inf ormeeioo for each aobulance proposed [o be operated by appl icaot within the City of Rancho Cucamonga. Appl ice nt shell et[ecp as ao exhibit to this ep plica [ion a copy of the current Ambul ante Inspection Report issued by the California Highway Patrol for each ambulant e. Pl enae at tech addi ti noel eh ee to of paper if nac as as ry. Advanced Life Support (ALS) Unit Peti sot License License or Basic Life liyJi'QPZ Year 118{{J: f111EdQe ~4dE1 Caaaci tv 1{jL~ni F~oi ratios ygpon[t (B/. ) I L9C5 Chev. 90756 20 2 2P1?44C Feb. BLS 4 19E4 Chev. 06890 30 2 2X74366 Dec, BLS 9 19G1 Chev. 37512_ ^n ~ 9aRf. it4 Dec. BLS IS 1985 Chev. 94779 30 4 2N19429 Nov. ALS i6 15E5 Chev. 89946 30 2 7Tfl 2870 Oct. ELS 20 1?75 Chev. 91E95 20 2 2N19405 Jan. ALg 21 "-G2 Chev. 76459 h0 6 2D47078 July ALS 24 1985 Ch e~a. 79323 30 2 21719431 Oct. ALS 33 1985 Chev. 86629 70 4 2597E51 tla r. ALS 75 1985 Chev. 95159 30 4 2L'U2341 Aor. ALS 36 1935 Chev. 785E9 30 2 2P18275 Aor. ALS 37 1985 GMC 70465 30 2 2T07690 Oct. BLS 51 190,5 Chev 62188 30 AuW ALS 2274- _ 5J 193G Fnrd 78n75 e3c0 257525 vnv. eLc 54 1982 Ford 42586 E350 4 2T8288L Nov. ALS 55 1981 Chev. 66272 q70 2 2T83096 Nav. BLS 56 1986 57 1986 Ford 17887 Ford 7fi486 F330 2 2N40612 Dec. ALS F350 2 2V5]J 3B Dec. ALS Continued on next page ~~v ~- Ambulance Application Page 5 DESCRIPTION OF Al1B ULAwC ES V Please provide the fol low iag inf orme ti on for each ambulance propoe ed to be operated by applicant wi[hi^ the City of Rancho Cucamonga. Appl is ant eh all attach ee en exhibit to Chia eppl ica[io^ a copy of [he current Ambulance Inepec Lion Report ieeued by the California Nighvay Patrol for each ambulenc e• Pl eece attach additi noel ehee ee of paper if uacesa-:y. _ _ Unit li1{ID{lEL 58 Year 1982 1Jajlii Ford Mll a0 72610 Model E750 60 1982 Ford 89671 E350 62 1983 Ford 74113 E350 63 1986 Chev. 76551 30 64 19A6 Chev. 7C995 10 65 1985 Chev. 79568 30 66 1986 Ford 16507 F750 67 68 1986 1986 Chev. Chev. 51719 69159 70 30 71 1987 Ford 300 F750 72 1987 Ford 000 F350 73 1987 Ford 05669 F350 74 1987 Ford 09400 F350 ivA7 ^6705 F7i0 76 1987 Ford 05377 F350 77 1987 Ford 06097 F350 Advanced Life Support (ALS) Pa ti en[ ~a i v License N~ Licence Exairatio or Baeic n Suuoort Life (BLS) 4 2V 53570 Jan. ALS 4 2E6J221 Jan. ALS 4 3D11426 Mar. at5 4 2W73803 Mar. ALS 4 2Wi3804 Mar. ALS 2 2W 75917 Jun. ALS 4 2V47474 Jun. ALS 4 3G 96500 Aug. ALS 4 3G96499 Aug. ALS 4 7J 88232 May ALS 4 JL06355 Jul. ALS 4 3K65622 Nov. AL8 4 Not Lice nsed Ye[. ALS u 3x656Z! Nov. ALS 4 Not Lice nsed Yet. ALS 4 3K65657 Nov. ALS /J Ambulance Ap plica ciov Page 6 Please describe all mrkiag• aad exterior features iacludi ag lights, sireve aad colwr schemes for each ambuLvice proposed [o be operated vibhia the City of L4ocho Cucamonga. Vehit les Save a white body with blue stripes. "lie rcy" painted in blue on 6oeh sides and back of ve`.ic le. Company veh lc le identification number Iota [ed on both sides on quarter ~ane1 ~..d . of h' 1 F h p '.:g`,ta a a ca„ Cain-sonic iighc bar on trout of unit. Also, a single red steady burner n frnn[~Ln • CHP .og i t ) PI h~ng mbe 1' ht 6 k R 1'g t 1 around veS ac le_ Tao tlaehcng red warning lights on each side. Two red lights located s no r, light [o the front. <irene are Federa151ec[ronic wit:, spa a!:ers noun Attach a full, true •vd correct copy of tb• moat eurreot vahicl• ivvea Cory for each aabulaace proposed tv be operated. Purehsr, •tat• bel or rhethar or vot each inveotory complies rith all applicable • 4te, couvty aad local lar^ pertai vi vg to eq uipmenc required to be miataived. A11 ambulances, its appurtenances erd rove t confo t aoo'' bl o v' she uw eaiciucnca aemcn cscra eve apps, antl aLl other °t ate Cour'y, cr f,iev of Rancho Cucamonga applicable rules and regulations. Please see attached for a full and couple to listing of all inventory. De~cripti on f C t'o - t Liac make and year of mvuf ac[use of each Ph tro-rq radio capeb le of coma,vic •ti og rich evy hoe pital ivteaded to be utilised iv eovj uuc ti ov rith the revderi vg of emergency eery is ea, avd vhich is loc•[ed iv eee6 a~ul avc• to be operated rithiv the CL tq of gaucho Cucamonga. 4 G O MnA_Mn• ___ _ _ _ C^yn _ _ _ _ _ i. p~ - Arocron, or ?1o COro la radios. •+.`olance Application Page 7 INVENTORY OF PEASDNN Please provide names, poeiti ons, •nd level aE emergency medical ecru ices certif ica ti oo of all emb ulance pereoaoel employed by eppl is en[ to operate any •mb ul once permitted hereunder, and attac4 a copy of each current certificate or lic enee. including a valid driv er'a lic enae issued by [he State of Cel if oroi e. William A61e Paramedic EMT-P, ACLS -ems. „=a~~.e a~nmedic ElT-P, ACLS Ron Beyer Yaramedic EMT-P, ACLS Dawn Bilder Paramedic EMT-P, ACLS Marc Bohnenberger Paramedic EMT-P, ACLS Don Camp Paramedin EMT-P, ACLS James Cassabon Paramedic EMT-P, AGL$ g ._-__ _.-... ___gl}T Pte -ACLS-- Robert Co len Paramedic EMT-P, ACLS John Commander Paramedic EMT-P, ACLS Chris Cragg Paramedic EMT-P, ACLS Brian Davis Paramedic EMT-P, ACLS Mike Dohanos Paramedic ENT-P, ACLS Larry Earnest Paramedic EMT-P, ACLS Ron Eriksen Paramedic EHT-P, ACLS Donald Frusher Paramedic EMT-P, ACLS Phii Garcia Paramedic EMT-Py ACLS Mark Ne lcomb Paramedic EMT-P, ACLS Ke i[h Jarvis Paramedic EMT-P, ACLS Karen Keefer Paramedic EMT-P, ACLS Steven Langer Paramedic EMT-P, ACLS Cheryl Le ininger Yaramedic EMT-P, AGLS Allen Lenabu rg Paramedic EMT-P, ACLS Terry Loew Peramedtc EMT-P, Af,LS David McCiure Paramedic EMT-P, ACLS .lim McNichols Peramedtc EMT-P, ACL5 Jeel Morgan Paramedic EMT-P, ACLS Craig Plosier Paramedic EMT-P, ACLS James Peterson Paramedic EMT-P, ACLS Mike Prough Paramedic EMT-P, ACLS Gary Sanders Paramedic EMT-P, ACLS Richard Smith Paramedic EMT-P, ACLS Scot Sturtevant Paramedic EMT-P, ACLS ALLen To enniessen Paramedic EMT-P, ACLS Tnm 4pgdwho_r_g DaramnAV_ E'MT-V G!'IC Pa[[i West Paramedic EMT-P, ACLS 'Sc att Atkinson EMT EMT-lA, BLS Steven Baker EMT EMT-lA, BLS Victoria Bos inski EMT EMT-lA, BLS Tonda Bradshaw EMT EMT-lA, BLS (Continued on next page) ass Mike Callaway EMT EMT-IA, BLS Carlos Castillo EMT EMT-IA, BLS Lee Davis EMT EMT-lA, BLS Matt DeCora EMT EHT-lA, HLS Ronnie Diaz EMT EMT-lA, BLS Andy Du ron EMT EHT-lA, BLS Vivian Edwards ENT EMT-lA, BLS Anna Es parza EMT EMT-lA, BLS J c.:r.-ic F. -.. t - EnT Tt- EM1-lA, DtS bL5 Mark Ging les EMT EMT-lA, BLS M. Angelis Gass EMT EHT-lA, BLS Obis Gray EMT EMT-lA, BLS Dan Gutierrez EMT EMT-lA, BLS Darrell Houde EMT EMT-lA, BLS Brad le }' Iannucci EMT EMT-lA, BLS Cric Knapp EMT EliT-lA, BLS Heather Lindsay EMT EHT-lA, BLS Marc Luna EMC EMT-lA, BLS Mark Machal EMT EMT-lA, BLS John Markland £.MT EMT-lA, BLS She rill lle rc ier EMT EMT-lA, BLS Vi clci lle sser EMT EMT-lA, BLS Angelo lliddione EMT EMT-lA, BLS Chris M.i [c he 11 EMT EMT-lA, BLS Wesley Mulder F.MT EMT-lA, 9LS Anthony Munaz EMT EHT-lA, BLS Scot[ Olmos EMT EMT-lA, BLS Arc Poduska ElIT EMT-lA, BLS Paul Noman EMT EMT-lA, BLS Terri Runkle EMT EMT-lA, BLS Teri Runne lls EMT EMT-lA, BLS Randy Sams EMT EMT-lA, BLS Josef Schmid EMT EMT-IA, BLS Dennis Schuman EMT EMT-lA, BLS Frank Stanley EMT EMT-lA, BLS Deborah Strunk EMT EMT-lA, BLS Michael Ta Eolla EMT EMT-lA, BLB Lorraine Vie ima EMT EMT-lA, BLS Sherri Widlu nd EMT EMT-IA, BLS Shawn Williams EMT EMT-lA, BLS c~ / W Am6 ul ante Application Page 8 Pl nee provide the foll wing inf ormatipn relative to [he rates to be charged for each service to 6e provided by applicsnC. Pleue add addi tionsl comamnt^ in the apace belw if net easary. PLHASH SH6 ATTdCBHD SCBHDOLH OP HATHS Hmezgen<y Service Noo-Emergency iPera.edic Reeyo~l Tranaoorc Rase Rate Mileage (Cost per mile) Night Service Nsi [i ng Time (per 15 minutes) Ozygen Administered Additional Patiasb Paramedic Res pones Other Chsrge• (describe) Porm of Payment AcceDtad (e.g., "vill bill," cash only. M.C.-Visa) Addici onel Commeou Relative to Rat N: Rates charged are as eaC ab liehed by the Sen Be me rd ino County Board of Supervisors resolution and the San Bernardino County Department of Public Beelth. (Rsees proposed to be charged ahdl not be the bui• of approval or dmid of a permit) ~7 rygTEE R IALTO,RANCHO CUCAMONGA, ONTARIO, UPLAND ,MONTC LAIR, LOMA LINCA, BLOOMING TGN, ~~ UNINCORPORATED COUNTY AREA RATES , CHINO 143.88 Base Rate 7.19 Per MI!e 65 ~ 35 Emerge ncy 41.97 Night and Weekend 17.99 Oxygen 13.18 4/ait per IS minutes after [he firs[ IS minutes 29.97 EKG 324. A3 ALB 218.83 Paramedic Base Rate PRE SCHEDULED 95.00 Base Rate 5.50 Per Mile L1 n] ut „~,r ~.,a uesue.,a 17.99 oxygen 1318 Wait per IS minutes after the first 15 minutes 29.97 EKG 74.95 Paramedic Response EXTRA PATIENTS IST Patient Fuli Ra [e Stretcher Full Base I/2 Mileage Mileage r equally among all patients Si t-Up 1/Z Base i/2 Mileage Mileage - equally among all patien [s EFFECTIVE i1-4-87 ~~ ~ 6 Ambulance Ap pl lea tioo Page 9 As ray aired by Ordi Hansa go. 269 of the City of gaucho Cucamonga ("City", some ti mee herein), eppl icant moat attest !o and submit the follwing rtatemenu. M ap pl i<ant, Y, COn Reed, -lrec [or (Applica¢t'e Reme) on behalf of Ple rcv Ambulance Service, Inc. (RUST Hess game), and i¢ cone iderati on of Ci [y isaui ng i b permit [o operate a¢ aabuLnte eervic e, <er tify a¢d ezpr esaly rarrant as follwa: * :'hat arch perai[red emL ui aaee cad ail sppurc mantes thereto conf crm to all applicable prw lei ons of Ordi na¢ce Ro. 269 of the City of I4ncho Cucamonga, the Cel if ornie 7 chicle Code, the California Adsinistra[ive Code and all other applicable Stele, Cou¢ty or City rules and regal •timms. * If I am pzope ei ag to prw ida emergency eervic e, [bat I employ •ufficien[ personnel vha are appropriately trained, certified and available Co render Advanced Life Support paramedic services treaty four hour per day, seven days per reek rithin the City of Rancho Cucamonga. * Thet I wn or have under q control all neceuary and required eq uipmeeq all in compliance rich aopl icaDle state and local lava, so as to compel mtly conduct an esbulance eervi.: i¢ the City of Rancho Cucamonga, and that I w¢ or have access to suitable •nd •aca Eacil iti ea for uintaining the •abuLoces to be used in conducting each services and that I rill main Gin a12 auc6 aabul mce• i¢ a clean end sanitary c onditio¢. * Tha! if I intend to prwida emergency services rithin the City of Rancho Cucamonga, I rill, in accordance rich Ordinance go. 269, main4in •[ least oat advanced life support equipped ambulance, a all times, •t • loo Lion rithin the ¢eo¢noh icel o noncan as of the Ci ey, a¢d addition:l ambul antes, a needed, to augment q pr wieion of advanced life support services if she normal emerg amey ambulance i• unavailable due co a prior request for emergency service. I undan [and that I em req uizec to prwida a response time of [m (10) mi¢ut es or less for 95 percent or more of all emergency calls rhich I receive and to rhich I respond. * Thee, I rill, as a condi ti oa of the City inui ng • permit to pr wide ambul esce service rithin the City, appear and dsf and all legal acti one and against the Ci[y of Rsocho Cucamonga •risi ng out of th• exercise of said permit, ob uin the required performance bond and public liability incur ant e, lade®ify and cave the City, its officers and employees and agents free and harmless from avy and all alaiar, demands, ec clone, or cmaaa Of action of every kind and description resul[i ng directly or indirectly from or arisi og out of, or in aq ray coenec led rich the alert ire of t6 ie permit. * To ac, as a coodicion of urdi mamce no. 2e9, f rill mai¢uin rec ord• and/or logo for a period of five years after [he date o£ each an[q, containing all dispatch and arrival [i men sad lot atiooa, rit6 respect to ewrgency cQ ls, the o•t~re o£ each medical cell, the total amount charged and the Dame of the recipient of such eervic es, nod make [he ume avail abte For inapec tine 6y Ci tq repreamt•lives during office hours. * That I Gave read and undan nod the obligati one iapoaad upon me 6y Ordinance go• 269 of the City of Rancho Cucamonga, sad that I shall act in accordance ri th ell prw iaions cherei a. ~~ Ambulance Application Page 10 M Leq ui zed by Ordinance Pa. 269, aDPlican[ emet eubmi[ a statement indicati og to the e•ti•f action of the City manager th a[ the iuuamce of • permit is in Che public interest end that there is a genuine need for • permit to be issued, in that there i• a requirement for •mbulance service rhich can be provided by the appl icon[. P1 e•se include each a etit emenC in the apace bel av. .:e rz nt A• rovide ewer ertc and non-e a enc amb lance s r is •o [~e Li"' of ganr`o Cu canonza ar.d have dcne eo uninterrupted since P:a rch iS76. I[ 'a in the interest of the residanis of the City of .^.ancho Cucamonga CF,a! lhey lave the base p0 ssiSle ambulance service available [o [hem. :his means un interrvpted ambulance and paramedic service around Che clock, seven days a week. .he resources of our Company are available to provide such a service in [he nature of [he latest state-of-the-art medical transportation and pre-hcspi[al medical services. Ne rcY Ambu lance Serv i<e, Inc• (former lv 'trans-}teL!<a 1. Inc.) is prepared to mee! [:'ie ~xLrnance .m. eo9 for anpu lance service. Plot only are we prep?reC Co provide *.hese se:vCc es in the public inte:ea[, Sut will also ceepe rate with ocher a pe rc des oho serve [Se community, such as fire, police, disaster preparedness, etc. , .\ C. V Amb u]: ¢cc Apptic ati o¢ Page 1! 1, _~r. Reed (appl icanC), oo behalf of myulf •ad the ambulance company •eeki og • permit hereunder, state and declare as follw e: The information presented in Chia applicani oo is accurate and true to the best of my knw ledge. I u aware that should any inf ormtion be found fal sa, that the City of Rancho Cucanoog• my punw soy and all rasudias authorised by law vhic6 ah all include Che right, •t the option o! eh• City of Raucho Cucasooga my pursue any and all remedies au thoriz ad by Tar which shall include the right, ac the option of the City of Raaeho Cucaspoga, of dae Taring nay pared[ issued as a resole thereof to be void, or to dory soy appl icati oa hereunder. I declare under penalty of perjury under the Tars of the Stat• of Cal if orni• that the foregaiag, a yell as all iaforaaeiov contained in Chia appl ice ti an, i• true and correct. esecuc ea tnia ~%~~~ day of ^ r>+ 1988 at Fontana California. Applicant ao declaring: Date: April 25, 19D8 (Each atbar applicant applying hereunder shall execute a separaN copq of this d ecleratio¢ which •ball be attach ad to [hie applic ^Ci on and incorporated by re£ereac e). ~~~ Amb ul ante Application Page 11 I, FLomer L. Ae res (appl i<a¢t), on behalf of myself sod the amb ulanca company seeking • permit hereunder, •ca to and declare •s follwe: the inf orma tiov pr eee¢ted in Chia application is accurata aad true to Che beat of cry knw ledg e. I am amare Chat should say inforsatiov be found false, that the City ¢f Rancho Cucamoog• maq puraw any and all samedi ea authoriz ad by lac which eh all indude the right, •t the option of the City of Rancho Cuumong• may pure ue any aad all remedi ea au ehoriz ed by law which shall include the right, at the option of Che City of Rancho Cucamongar of declari¢g any permit issued ae a result thereof to be void, or to dewy a~ application hereunder. I declare under penalty o£ perjury under [be ltes o£ the State of Cal if orvia that Che foregoing, ae well ae all inf orwtion covtaiand in this eppl iee ti na, is true and correct. u~eu auia i~~ii aey ox coral ,lYen a Fontana , CaLiEatni a. / i ' Ap pl i<anC so declaring: i Date: A riL 'S 198 (Each other appl ica¢t applying hereunder shall a:state a separate copy of Chia declaration which shall be attached Co Chia appl icatiov and incorporated by reference). ~~ a Ambulance Applica[i oa Page 11 I, Terrv Russ (appl icaot), oo behalf of erysalf and the ambulance company seeking • permit hereunder, •eate end deal are •e foll wa: The iaf orma [i oo presented is Chia application is accurate and true to Cha best of my knw ledge. I m avar• that abould any informeioo be frond fal^•, that Che City of Haaeho Cuc aagnga may purwa say sad all remadi ea authoriz ad by lee uhitS shall include the right, •t tba optioo of Cha City of Haecho CucaaWaga may pursue say and all tmadi as authoriz ad Dy lee vhinh shall include she right, at the optioo of Cha City of Honcho Cucaaanga, of declaring any permit issued a• a result thereof to b• void, or to deq any application herauadar. I declare under penalty of perjury under Cha lava of tba Stst• of California the[ the foregoing, a yell •s all inf ormatioa coat si ned in this appliu tiao, is true sad correc [. meat ueN thin 1J th day of April ,1988 at Fontana Cal ifarai a. _~ ~ Applicant eo decl ariog: ~~iri ~`~'~ Dale: April .5, 1985 (Each other ap plicaat •pplyiag bereuader shall ease ut• a separate copy of Chie decl era tion which shall be attached to Chie application sad incorporated by rat ereoc e). ~ g3 Amb ul ante Appl icaci oa Page I1 I, c v D; kn v r (applicant), on behalf of myself and the ambulance company seeki ag a permit hereunder, state and declare ae foll wa: The inf or ma ti o¢ presented in [his applicati o¢ ie accurate •nd Cr~e to the best of my knwledge. I am rvare the! should a~ inf orautio¢ be found false, Chat the Ci[y of Rancho Cucamonga may pursue say sad all remedies authorized by lrv which shall include the right, at the op[i o¢ of the City of Rancho Cucamng• mry pursue •ny a¢d all remsdin authoriz td by law which shall include [h• right, et the option of Che City of Haneho Cucamonga, of declaring any permit issued as a reeuLt thereof to be void, ar Co da¢y avy appl iea ti o¢ hereunder. .L declare under penalty o4 perjury under the lace of the State of California that [he foreg oiag, a well a all i¢fozmatio¢ co¢tained in [h i• apol ie ati ao, is true sad corree [. .new •eu Buie - say ac '•~"' , Ivan at vu~u eua Calitorni a. ~ (//. Applicant ao declaring: I Gvl~'G ~y~ ~ l~ Dace: April Z5, :988 (each other applicant •pplq i¢g haraundsr shall eze<uta a separate copy of this -~ ~ declaration which eh all be attached to Chia appl icatio¢ sod incorporated by ref treat e). OeOIp ANCL p0. 369 M OeDIpALC6 Ot SLL CI'R COOpCIL at SLL CITP OP tMCeO CpCANOeCA, CACIP041IA, AMLeDLIC 2I2LL L OP SpL MMCaO COCApg10A MOpICSPAt CODL PLlSA171eG SD SBL l60I.ARCe Ot AIYOLMCCB Thr Ciq Cvuvcil vt Cbt Ciq of 4eche Cuct.oya~ gli[o[eia~ doer vrdrie u fol lorr: pLC2t(~ t; Shv 4ocho Cucarya pueiei Drl Cod. it htrabP rrvded t0 rrd r lollwr: •Ca...x.: 8.'s ^A±et. •°velpy. B.1 e.O10 Orltei [iovt. 8.1 e.020 rrrsitr rquirN. e.l e.DaD r.rNt nr. e.le.Dhe Appliutior for . prrsit or rrgal of r prrrit. e.l e.WO Ivrvaelpeivv DP <iq regrr. e.10.060 ltraues or dsNsl oe prrde. e.le.opD tarot ee prr.it. e.l e.DeO brvdrst K Nrset. e.le.ow 4awQ of ptrslu. e.uaoo erpsudos W rvroev[iev e! Nrdtt. e.Ie.310 euaprv[es, eeN/tleri opavties sN trrouq ariracr. e.1e.120 sppvd KocNUd. e.1J.lID taRrvvP rwias rgslawb. e.1 L.Ib CaMOrvrvvr virh parsit ryuirasrn. e.l e.le0 eesvdvNV [vr ditpseeh. a.l e.i6D Aidrrs rbq rN vRtret quipret rgatzarnu. e.le.llo A.iatrs psr.erN. 9.l e.l e0 Coe Msrtlos at esl 1. D.le.l ae erRSVq aM dirttn oNwtiosa. e.lE3I0 mforetstvtx ntprvibilitlq. 0.10.230 hmtN psKeews. e.1 0.370 M1rlq !or rdoLtiov o[ chtp4t. 0.1 e.tb Ciril ravNLn ntilrbls. 0.1 e.l SO esrtrt-iliq. "Osl att othtniu tue N, rNt aN ttrr rn dvttW r lotlar: "<D AMeOWCe. lha tare 'as-vl r<i rot tat rvhieb rprci ri It cost[rvetN, rd1t1N oe quippNr aN oaN tar a-s porpor o[ [uvtpoteiap tick, isjve N, eanrluert, iNlrs oe otbmiw ie<apgi NtN pruosa tvd r-icY L gslppM with rgvsep aterlly dgier (rah r rN light t<d tlrr) or rjdeh is rW jtct m licvssiy bP th'r Ctl iforv/t elehv4 Ntrol a to alslars. "i6i NGW.ieti i13IpICi OPieA30L. Sr car `ra'suire<e rwerter tor' wt sq Nnos de err or oNtatr ou or ors rrvlpau. aithar or to rrgvsq or • set-srRaseP Orlt. "(e) caoecn. th. tm 'COUrll' wa thv Cite Ceumll o! the C{ry of 4rho Cuurya, a~-s C[d[nance ~<. 25? Pagr 2 ^(d) CLYS OP LCIAICL. the ter. 'CLU of Senice' rrvr [he tev<t or Inelr o[ coal rin of field ergevcy relied rrvic ea rvd vill be epen- fiN u~~i~ life rapport prwidN by crrcifiN 6rriracy NNmaI Sechvin en (4R-W pcraovvd cov(vrdvl to the prwiriov of eh• Q{itomi• 8rr1[h me S•Eeq Cade, Lull NvvcN life rapport prwidN by C•l ifovir licenrd phyricirn or bT prvwdicr and vphil• iunraive <an Darer wrtiEiN order CQ if Davie erd Ch rvd 9rLn CNe. "(.) CIS[. 1Le [er. 'Cin' rra cb• Cin of 4vcho Cuurya, Cali- forvia. "(t) CITT MbIIG [i. She b[v 'Cin Mrvald rrvr th. tin t4vgee of --- -. of Sax.a C..uecya, -c "ia dritaaa. "(.) CopNSS. Th• Nre 'Gwen' rev the Couvn v[ 9•v Eervrrdivo, Cal itoeeL. ^(S) COEIrI( 868LSB MLICR the bre 'Couvn Nrdeb Otticer' r<r cb•t prvov duiireN r rch ey ebe Couvn of Sao h•cvacdico. "(i) B[tc YCS CiLL. IDe t¢e 'Wrgexy Cdl' it a rquuc Eor the dispatch o[ r rauLrr to [urparc yr prwid• other raiatmu [or . prrov rbo apparrrly hu . ruYee oe uvLaseaer vrN a[ rrgrvq rdiul •t [eeeivv. "(j) Y18i OCS gYPICi. 'Re trv 'lwslean 8•niei ro cba trc- tima perlorr/ is n•DOer to •e arrievn call aN ivdudr the prwiai oa of rdr•veN 1lt• mppre. "(k) [12IYS. Zbe [en~T•tlrt' rW • sick, ivj urN. reuvdN~ iwdid, rprert rehr. cordreeve. ve othMir i•<apritatN pmo•. "(U TTLNw. Sbe tan 'Tenoi ivd WU •Ll r[anl p•nova, r vdl r aq indiridwl p•etunhiP, [ire, evrPwatiae, •uglatlm. iwrorvut yrry os a[br irwP or <oriisrtbov rriag u • vale. "(v IYIC LI1i iCTlO@ (iU) INEWCB. IDe qn 'iLi d•hul•we' ro r •ra4r• rhieh hr Mr1Prr eN wpplir a tNUieN !T the Crlifvr- ..:. u-~.:--_... _- a-~- .-~ ._ --•-- •--.. ._ •_.-- --_... .... .. .. .,, cha prwidvv of Euic Lif. luppvet lead of rni<a. ^(v) IDPYCY LIT( 80!lplT (ltE) AMELYCi. Zha qre 'QS .1~uLOC •' rrvr •v •lelar• rhich hr Ndi tiorl quiprvt a•d wypliu r rquirN by ruN or loco lw evd the Cwvn 8•a th afir.r, rppl ic•bl• eo the pcw it iov o! Yr•vcN Lit. BuDpost lasel o/ rrvie•. "(o) Mq ILN 3lTO1fll CLLl (NIC) TYYImIC. 1Ee tar 'MIC Parardlc' srr • panne rpridlT er•ieN iv the prwi•iov of errgreT cerdi rc rvd voraNLr uee •N rev hot/• • cnrrrt YIT-! ceitlRun• "(p) MILT INSYtflt CYi (NIC) YYT. lea by 'MIC lnni ova vum rb br ber wnlliN h) . the Cwn Ydth 0((tc•r ,. audi(iN iv the pawl Hos o6 "rOo7 card(w aN voresdir care eN Sv tea L•naeu o[ err HNy Lvetnc[ioY eo NIC prerdiea. "(e) llYI1TTL ID• ter. 'p.rd•aw'~ rr eN pmr rbo pornn•a • evrrrt Cin per~ht tv eet r ee arhvLre rain oqutw, iv<lubiy dl eriwrs, birerwr, of ii<•ra •r reee• at errtr•. . "(r) CCDI I. The ten 'CNe J' rm the PriN rhr r YrrCN L:4 iuppvn aahai•ra L cruel lei to w tae. • Petlrt pick-aP peiat u • r•- ruit of r ergaeeT cell aM Inrly .hire aid aiuleNe L• uaiy rN iighn and rleM. ~~~ Or diwvu ea. 203 Pqe l ^(r) t0-OIttCYCi -LLL. the yn 'aoo-requey yli' rtoe all re gwap !or rbulmu urraue rbieh do eot rpein a CoM 3 r<epovw nor eht proriaiot of eurtenq [mien a of the tir eee yll it udr. '2[ [hail W wlartvl for oy partov, •i tber a ormr, rploHa or oeberriu, to opny av rhvluu, a to evpp io huriru a so ubv Lsocr uniu vNn[or, vpr tee eeiry u nay pablie uy or plan io the Ciq tr- wpt in eotlorrau riN • oito City ppac to opruq an rbniry Nntn. • Nrut r7 M iuad •vebotieiot W prwatlN of nos-rerNoey unicu oa- ly, ar son-rertrc) rd errpney uniu. "(d tICtRIO~t. Rs N¢iprsc and Nnoowl •ttod•rdt tN:ittN in that c\eptar q-ly to all reelr<e oputert; hwarv N• Itwvivt too peat[ [aeu rrrb ahLLl wt gply tv; "(i) te6llciy araM rbeluur; os, "(I) eNiclr op[atN r trh¢Iryt •t the rpwet of tool reharitin dsr/r uy 'tau or rtr errpacy,' qly proclaiard 'ayu of trrprj nr 'lvul errpaq,' u M[1W is tee Gllloraia Wrpvq 9rr- riya act (CGpur 7 0! Olriair 1 d Htit I of roe CNerravc Codt), u arvaN. "(7) INalrua Ntaiet t\raep W City, r\ach rather mtti- ru trr W Ciq tae urin to • all rit\as tea Ciq. Tatslt tap Nall M t\er rh1N an, lrr tir to tir, w[ q [ha Couai 1. 41 Nrft• reell M iaaW to at-in r Jra 70 as re\ yrr. Tar. •.1t.tY. Mllanlr tQ • _. •t r ravtwl at • r.~±e. "G) ROCii9Q YII IIIOtMiTiO~ tt4IIltm. trergritiru rv ter iw¢- aw v! • N[rit r reaerl a! • Nrlt !er r arylitrt •\ell ia<IeG [ht fii- iy rit\ W City tvavpe a! r tryilrelw le rrit/y ova Em to W fw- sireM yrte Gq Wrpr, refa- Ma11 NwiM W lollwiet vlttq ioto[r- riw •(1) tep aM Y•Rl-e/r e! eryliuae. •(1) tuieut aotrrr W rulhtu •darm o! aey irivdwl r-itcevt. "(7) 7U eap vWr r\lt- qe rbWU wniu rill do huti- ry. "(A) it • erparulr, joke mtare, yartrrrap or livitN NstrnHp, W Brat o! ell Nrtrn, or W Bret el eerprty o[tinn, tletr erLMw tddrrrt rd t-Nr Nnryp N MrtleiNtir iv eht buti- rn. "(S) It t\a gOliuet It ry-lyiq ter • Nrit y prriG r.r pal rnlw. • reritiutlr Wt W erylaret it gslpNd to aN rill pro- ri4 W preaedic uniu et all tart b the Ci[y. _. ~~~ Ordi rvice No. 169 Pap 0 "(d) Laproc Yru¢q tray epplsuet is •11 eppl rcettov [bet [he eppliuvt oYC or hY mMr bit eonteol rpnired equipev[ tv edeque eel? covduet ee YbulYn uniee iv tb• City, rbsch rote ehe requireeeu uteb- liebN by [be Glitmvie pehicL C¢M, Yd that [he eppliuvt owe or hu ¢- cue to euibbL evd YG fecilitin fm Ynuivivt hse Ybulevice untn iv • cLY evd c•¢inq coeditivv, it epplyiet fm ivinel or revwN p•mt to p[oride epqury urrine. Gott iviti el evd vnael eppl[utiovc erc covten e euterar ttu cb• gpiiu¢t rill rienin (cuciov) et leaf ar LLe paippd ov1¢lYr rf tb[o ue pepepbiul bonnderin of Nc Ciq. ddainoul- 1y, the eppiicr[ east publut to the rueoubl• utictec[to¢ o[ [he Ci c7 McYpr Ne[ ue gpliuet bee NpYU upbiltt7 [e 'beu vy' Or eupent cucb W pdppd evAtlrn i[ ie it vot ieeeWieuq epn Lble co rppN ca • pll eber•LOr. "(7) • erpl•te Meuip[ir of reb Ybulevu [e W apnud by the epplinet, ivelndfq a lief et Ne i¢[errl peipret usriN by Ych Ybu- lenn, the p[i•vt up<i tp chv»ot. +vd a <ep7 of Ne epphuvt'e current N- bulru Ieepntir 4port fiord q Ne Glifvrvie et{hrq htrol for ucb ve- hirt•. "(t) • eutervt b7 uc gpliuvt rernvtiq [bet Ych pentwd rbvlYU eN in gpveuYVen coaterv a ell epplinbb prorbiove o! thu Cbepur, de Glitarvie peti<le Code, tb• Gll(mvie dd•ivittucire Codt e<d ell ou•r fate, Comt7 or Ci t7 gpliubl• robe or rtpL[iem. "(9) I! tN crylieevt L eppi7lq !er a grit to pemiM Y•r- pr7 rnio, • c[e[Yrt tbt the eppliuvt egtv7c evtlteipt pnovvel e41rn17 [rdW W ovilJL [o delivr YerNYf dot preaN!< YWlun uniue of wN .rliq et cll tint fie tee C/q. "(I{) t Mcaycir a! tee lp•1 et tnialq for rN evbuluu e~plyr W • eery of ref eersrt eert!llute or lluvY, iaelWq drir•u 1[cerc, iuW b7 uc tYY eN CaYq YteblleYlq grlitiutior of [ucb ryrtevYl 6v M glyN la valatYU epratieY. "(Il) ~ eut•Mat, V Y itltiLL q-ltuur, Net •brt to the utic/Year el tie Ciq YWv{er five ete tuwu of • Mtlrlt [• iv tb• publu 1¢teert W uYe it • eW !ar • pelt to Iw ineN, le thee thY• is • u- gelrvpvt ter eedulear Yn/a eLLA m M pniMd y W rpliuvr. "(lf) d cgtvaeve ciWd 07 ue eppliuet thY u e coeei tine of the Ci t7 bea/q a ryrait, erylluot epre eo epper W MteY ell ectiou epinct [be Ciq Yiciq r[ of Nc eueeiu of Yad pmt, eN shell ivdeni- tl Yd epc [-• Clq, fife ottiun evd glgm W epee heulue err ev7 Yd cll cieir, deervb, ee[lou, u uru of eetiove of neq tied eN ee- ecriptlr rreltiq dlreecl7 er lMirectl7, erieiq ovt ot, or in e¢y Y( cee- YttN ritb W •reelY of <bb prvft. "(1]) • cetNele a! nbe pepeN to b eherpd by tb• eppis- net. "(!d) IMtbY gpllua[ to nctly • pnit to prmedc edrevcN 1iG eeppert (eurpa<7) ae Mei< ilt• egprt (oerevttwY7) lml et rr- riie. r bOtt. 'V-e¢ eeript at • erple[N leit/el (von-reeYel) eryltutir, tee u.. v...... n.n ..~.... ..a...[.. . ___, .~~. _---. <-~--- t ----.---~ d-tn .t¢n if Lt npplt~ t ¢nnet •ll regvlrYYN o! uU Cbtpttr. {pv cYple[Ir et tic iurtipeir, m. City IYYpr shell weoeteW to the Cerdl that • ryni[ M peed ar a..i•d. fife MgMYtloa e[ u• Cou<ll .hell M aeb ettee • dnly eo[ind public hpriv{ upon ue grl/tiutieY o! rbe ep-liust. _~~~. Ora, aaece Nq. [ei Pate i "(a) Sha Ciq Covaeil shall mMr Nt iuuavn of • vas petstt eo coade[t is rptLaa ur•in iv [ht Ci t7 ups [iadiy that tha •ppl uanc saes LL3 rNuirwan at Nit Chapur. ^(b) Iha Council r7 dary • va• m 4wad ptrvi[ it it liNa ao7 0( L61 fOl laYipt tegdlhoat t0 ba t[r: "(1) IDat Na ap-llutioe dot cot covuiv tna ivfmrhoa rr- quirN h7 N• amiaira of Nu Chryta; er "(3) SMC [nt •Nielr duaibN iv Nt tppitutaos or i4dr yva4 m rrh Im Na papor tae shtN Na art to M etN: or "(J) ILL Na 4Im Khsr, er, sewer, m iveip(a to a nrd upov aN •Niclq it iv <eali<t •iN a iai Liana r7 celvr aces, ma, svegrr, m ivtiPla wf hp ary Mhos ao 4 to W ual4divt or btdly w Bitted m siasaprunc r4rial bcu. ^U) Shat Oat it irattielwt rN tm tueh addi tioul sbu- ir4 rniu ,rl this [N Cit7, prwidN cha 4a aela Let Nt[a Ntre i• e aaiaiy Prmi4r m yemidav aNll rt 4rtitu4 gaff ieipt P[oot [hac cha eoaditiw arlt4: a" "(S) Shat gp114st a W aoprad wlvlr4 ap4tiw do4 ao[ relabe[aib rat sil rgdzwnb ar[ [aN in thL CbPCa. "(e] Sha Cweil rp 4ry . prlt if tht tppltwt a ary ptrtva. o[iletr a tl[Kta Naafi: ^(1) Wa pralaaaty Na holdee et ary asbslr4 poie •ntch grit m raagd a wpsdN: a •(S) W, olth[s Na psead/y t!•s (S) 7rrt etriterd r7 act, d!4. it etwistN b w7 prittw, rwld ti aeaaL fm ut a4ptatov or raautiw et a prlt LNW patwt 4 thin Chspta: er "U) W csrittN ary act iaol•ly diNwaT [nud, m fir "(~) W aetN N N asMlw4 aniea Dents iv asl hq •irhwt ptrtdy a ryNrN posit Naata; or "(A W tided m ahteN ary por iv nola[ty ary prmu!ov o[ N[a Qgta m r7 ot-a wlslw4 mLLra4; a '(Q W sW try rtritl s4aKtwt o! L<t upe ary appiv u[ir, m daffy 4t ewrr et w7 iapciptir, rNSirN er rnttad 07 Nla Cbprr. •(d) ODI310 w altLlCl~i. Mere ary ptwlt is iard ua4e 4a am/tiw et Nb CYpta, Na Ctwall ary rgdn Nt gpitust u • <osav [lw to the iatys4 et W Mwlt 4 pwt aN Na Clry Ciah . crh boos to W ar at Swsq N4 7hwrN Drllrt (fSS,pw.pp) m • aatq noN iv u• art wwt tarslNN y • cerpaaUw aNhaitN to b hrlru L Na scan o! Calllorda, ptpNlt [v tha Ciq. W hors tNli M 4MltleW upea ua loll aN Li N[vl pelo[ws4 ry cha pwlttN a h1a o-Ilptlaa rNr cba aD- g!3tahla grasiaiw of N!a Rxpta cad eha1/ bo tsyt is !al! taro and aPPact q [sa pawlur 4rrpr[ Na lib a cha ptwR aN LLl rasrab tbtewf. ~~ / Ordivrva Ne. 269 Pyt 6 'G) 4 • eoadi [iw of iuwvw of • quit ca oquw rv rbulrvu under 4is Chrpur, gnifew rbdl hold hrnlau, iodrvity rod aKma co< City, ita tlKttd of ticia4, of li<tn red rDlryeu [rw rvy rve •ll clur roe lmoiu !K darN to gnwt or proprcy ariaivt ov[ of K iv rvy vq cov- wctN ri4 gnittae'r rbtllnw opretiow or ogntior o[ gmt[w' o[ltnN, rPlgwa sod yuU ri4 Wage[ to tba prwitioe of rbultvet ur- riwr, to 4t eraiM trtrt NK/Md by lr. "(t) LLUILIiy tt EOWCt. 7ht gnltw ahtll obuia and ktap is ford dviy 4t un eE nid petit pablie liability irKru iwwd by cwgry avtherhud to b batimt iv cht tuu et Glil KOit, iKKay tvt ev- btlluu wniw ogratK rd hitlMr rplryKa, aed •bo may for Ciq, iu •iK<N ot!lefaL, oftiun aN ryloyar a addi tiorl ivrKaA of tv4 ql- icy, opal[ iwt by rtKK of iajwy K darpa to NnoK or NoNrty rnuoj [rr 4t opntiov or dtttetira wvKeeetiw o! ta4 ruiru, Karr •aolr air of 4ir Ctgbr K o[ cry o4K in K 4t Joao at Glitorvi• ee [ tb• 6LLCN lour. Sadd Nliey rhvll eov4ly gwiaior, to tht tsuvt and irKK i• rilliy [o proriM, rniy ivrvrK'• riµt OI rtlbroptiw, rbiva dl glieiu girry W voxoatelbaeiy, W uid plicy rbail u io [hr rw at vve Ito thr toK Nil liov DolLn (54,000,000.00) EK graorl ivjaq co or Gr4 0< try or pnw iv rvy tivµt aeeiha<: avd 4a 1laiO a[ rrch wch gory ab.ll wt a laa 4r rwr villlw Oou.r. (ed.ooo,DOO.do) !K a..rKt eo K dartrvctiw et NoNrh iv cry m aeei4a[. tbrber' Cwpwtiov io- rKret rhati M urritd erKly all aeployaK o[ eha geaictr. Copal of 4t pliciu ar cartitiuut KiKaeiy rveh platir aball M talN nch cht Ciry CiKt peiK to tb Kfacein Ket vt try pnit inW bKaraar. dll gl[eiK a-all wabla • KKiaiw ryv[r/y thirey pe) 4yr voein to W fir w to tb C[ty C1Kt DriK to wwllatiw, aodiflutir or rNoeeiav o[ Iiv(u, et ry plleir rprieN -mia. 1La gia/t apll apcity 4a Yba of Aarm aM o! tYiudw. 4r Herr arbor K rtlieL iM6iliueir avWr e! r4 erbalru rr[hmuN tbKardrr, mur K rhalrn •MSe1K to b Ked hf 4a pnsttaa. 71ea rvy apeiK caNl[lm iepaN r • <eN1Mw prardr[ co tb iumct oL ueb pelt ry 4a City Cer<41. Npa rgrat ry W goiter, 4a Clq Wrpr ry arN tea <ovai- tiwr rpelf/N /a • prat f! G [iv4 tv4 rgratN ehaetr tv M iv rve- atrtial cwpliara N4 4a periaiwa e! 4u CMyur. Ev4 arsdrvt than voe altaet th tpltatir 44 0[ 4a arirtiy Nnit, K •-all it uthveast e chtvp Iv Berntip tea Ott ardliN is 4a Kiµrl Nnit. "(d hniu ry M ramN aaarlly br 4t City larpr vqv tpyia- welw o[ 4a Nnittaa avda •t lrat airtl (t0) daya plc 4 tsp(nHr o! 4a erect Mnit, It W Malt -olYr Nepra ae arbtntlQ 4aya ie [ht rtKa e[ Nn/u to M raaMrN, i[ 4a Cl ty Wrpr M4nlrt [hat 4t qr- Ne to1Mr tK, d4/y 4a prlN et W aglrly pelt, oNrttN iv eeNaraiq vl4 W Rr/tlar el 41r CMNar aN 4a rvir aN rtplatlou o! 4a Clry, Wt to l• eapbla r[ ert/riy opratiw iv eevtonity ra4 eht rely aN ryelatiar et W Clq, aad that all taco eearird iv cht Kaµul rvd rraed appliuHr rra Kill trw. ~~ Om,wnn Xo. 269 Pya 1 "(h) Oalrw pN uwr ut M abate 67 cha ynrsLtxar, it ab+tl b slid Mair ter my-rwtol of a Mr~it it tht pawitw 6m vat, dvriy ev paetdivt prti[ ytriN, bad t Coda ] teapot tiw iv •e tort 93i aE iu nwrpse7 yllr of Ne (!0) nivaeu or lu+. ]aid ruwnaa tiw wte{ wuuted trw tla t/w W prvittN it {irw W rpwat wtil tba panirtu'• wbu- ipn aetw117 arrbN at tla loutin tw rhLeB [ba yniw ru rpwaxN. G31r rhieh <oYOVea •• rtreptry ullr but .hich are cotnarrN to vov-war{am7 ylla dvxiy eba pmi+iw vt wniw shall mt w Lvc1Y4d iv rba ylnlatiw apeitiM iv [his /utiw i.l L09Uib). 'T-r Ciry Wapr shall w avperrrN to aN p7 +wpN oe rwow m7 welt Sund oa4r tla pwiriwa o! tllr Clupwr rW Ls to w.n tomd attar inueiptiw We tla patitcw hu Mews iwolrwc, m tba panittla or av7 pzewr, K[iwe, Nrrttw, n w-le7w a1 ptpic toldrr: "(4 4+ •iolatN av7 wc[iat o! xhb Cnpnc or aa7 tofu oc iMlatlow tlat sea itwelptN 67 tlr Cl[7 t21ei raLw tv tbt prtit •ctivr tip; or "(b) {aa MN eenletN e[ av7 oLlrw nlaety eo eba uw, wle, pwNOiw, et tipt7prtlttw O[ YttOCLn e[ hehtt Lewiy diyt; OT "(<) W <writtN aw act inolny dltlewary, tsaN, m 4- utt rtrrr67 awtlw i• SvJwN, w W pnltnt W hawfittN; er "(Q W daopowwN • rtor4l bct iv o-tt1LLy • pwit, n i• tot letpe rd-oriy to tw wttltlow ivprN b tlla Cbaptw a M tla CL e7 Cewd1; w "G) W Nod w iMttN rq pnw le rielrKy W pniaiw e¢ tlia Ctytw n ry Iw wbtly{ to tM tetirselw pA1ttN -rrtwnr; w '(q W lNIN to tt4 w wap nq rtw4 ar tap w rpnirM 6rrds, a W .lailN n bare atA roaorir waL Wlo Ew ivaMt+iw 67 W Ci c7 Wnpr w to dN7 wttarlaN rtRatawtlw to • p[iN at wt tau [tae tlrw 7aua Nty teglatiw o[ ry Ntiriry to .uw W rwwY ntae. .rat _ tea.. ..,..... u..~. a-wW tm tvaw ttat tt~la r-Ir to pttiY W rNwNN wniw, n rho gµlwt W NnpM u rwe{ttq nil rN tttU to iKen aN abnat wpatt trw W ppaw rNtMtly stn wnlN K rq 41ry Mtnt ywly av wbe- INp to rwptY [rw a lswtlw w Iirwt r+ to wrw • cwpow tit Rwyr "CU I! betdlq • psi[ wtlwidM rrrpw7 wniq aM ritb- wr pin appwal h7 Ci ry, W tNIN to perlM at tvttlpn, eeryba neb •-prepian Mnarl, Nnit tta Ciry, wpblr aN wttwitN to pnt4 ad- rpeN lltt rgprt lwtl K rtn/w, !w • wsitwa priN tacaadly twv- t7-taw (31) eNwtttirr -w[a. "(lI tNlr to welt nt portlili hNrctiw Olatrlet 4lrptch Cntae K • rNNae w toN !n atorpw7 aNtlww resin, N -pNpttas ra- p/eN, rltllt W C1ry. "O) OptatN at a{wlwp 4wM u • Nrtrrdit snit 67 wrNe/ ee INhsV,{ of W rtlt Ntlw ptlltiN MIC panowl rN puipwnt la :LO avOlcla. "ft) 4r or bu r[trytN to ualp, [rmwr n wll p7 ivtar- ue ie erwrtllp r4tlwt cogl7ly rite ali rorditiep sat Lntl it chit CMp- tar. _. _ _. .. C/ / / Ordi avct No. 169 P•{t N "(1) Dvrivt •vp ulid•tiov grind of vot tut thm [htrq UO) dqt, hu bi bd to rrgvd [e 972 of Codt l ull• ri[hID tau (10) uvu[•t or lu•. "(t) !•• e•d dotty [h• dhetivt pried of tht pmt 6*anted h•r•wdtr, up liwut or ggit to ogr•tt •v rhuLuu iv •vp Ciry, Cowry or 9uu r•q•rd or erogd. '7r. 8.11.114. tvrvir. crditiort aotutiw. W t•woun v r ~~• "(•) dt but thirty (34) d•p prior tv •ap ub, tru•he w ch•vp ie vt•nhlp itpert o! Y7 blvd w rbrt, up ivttrtvptir of uwiu, oe up dt•q iv R•tiiy or gtiprtc ox W gvatuv whulru uwsu, th• ggittu •h•ll •otlfp th• Cl t) M•rpr irtdi•ttlp iv reitiy, mtiy th• F•eu of tneh ebup. hilwt to vbt•iv •grw4 of Ciry Wrpe qiw co Inch chop. er iv[trraPtiq th•tl M Rood. toe itwdivu grit enouuw. "(b) 4peY r••Y•C e] th• ggitt••. Lh• 41 L1 (!•Y{•r Y7 pqt t [! poury vri•nu In rri by ter ti• entitle[ tgcifiN iv ei• witiYl quit it ht lied. tbtt rncb eb•vp it io tub [utitl crpliuu riN tht gwuiovt of thi• Ordirtu, ht rp Mq ggittti • rtgret. to tll aut rh•v • chtvp of orrnhip i• plgYd, q •pPliutir for • •tr gnit .hull b filed tmrtp O4) by qiw Nu•te. lit tppliutiq w•t cotbi• ell ivfoertiov rpuictd lv thi• gqur riN erper to er polo, W old •p-liutiq wt b •p- qwN peiw to Ht dltctiPt 4b o! rf veh ehgp o! wrnhiP. Idlus co ohuiv qiw tPgw•1 th•ll W peuW Lw rroutir of up ggit• prriwtip lord h•r•wMr. "I! W •-Illutiw !w rtvtwl of • gxric i• MviN q tbt Ciq Wv- •pr w it Nt Ciq Ytrpr •rgt4 w rrob• • peel[, th• gwitp• •h•ll W {irq rr[ttq rtic• •geitp/y Yt r17 t-• [trip pMt, b•t in th• rot oft •wrriq of iwetitiq, ti• Mf•etirt du ti•t•ef, •itcII pull b vot tr• thq tltttr (lA Gp •!t•e W rr e[ r/d •atiu, qe•q a oq•rrv gwldN htrtly. !ve! rt!!lrtir pull -• q rgi•trtd w urt!!l•d Ytl. "(•) Yi th/t tq (10) u1tWr 4n dttr tit d•et o[ •vA mel[ia- Hr, W ge~lttN r1 e•{r•t • hwrly M!w• W Clq Mtrpr. {veh rr qw•t at r iv witty eo tht Ciq Clrh. II uW rgr•t b drip ra, tht tttrtiv Ott of Y7 4vit1, •upriw or reautir •h•ll b gt•vdtd wtil fifer{ (13) 4p• lollariy W Cl tp {•ppe'• •etlq Ypoo rid rpw•t. A• Ciq w{•pr rp, •!t•r •W hwriy, thin, aMltp, w wt uiG W wl{lml reitiq. If Y [!rq qq•1 1• x•rir•!, th• Cit7 N•rtu'• Gci- tiw Adl r tlrl. ^(-) Il, dtr W etdrty gwddN Ew Wort, tb Ciq Iutpr Mvlr crr•1, mp•W w rroh•• • Mrit, tit petit[[. utlt hr• tbt et{ht to d•rt/ • irriy by V• Catril. d tyro [w • htuly •Y•Il M r4 It rrltly to eM Ciq Cl•rt rit-lt fittm (13) ulg4r 4p tellwis{ th• dgl•1, •rgriq, w r•rewt/r of W Mrit. Opq r•rgt e! • rrltbe rNw•t, W Ciq Cigh Wll rt U• regr !w !rely q • 4p wt tee. tit •!:q (tW r„ lell•tiy rr•l-e et W rriteq r•{t•q •N {iw eoelw to tM ypilgt, W C(q Yrpr, W qp oth•[ ittMYt•d NneY the rp peon[ ridrt, r•irgt to tht 4el•ir of 4• Clq Wrpr. WNt• tiu[p O0) 4p toilwiy tb eerlwir of 4t bwriy. the Cw•il •Y•ll vb 1lW/vr Wire ib oe4r woditpiy. •ltiriy or 4giy Nt •eMw o[ Nt Ci t1 irrpr. wit •Igti iv cw u'uatcii •t rtct[rw cet ci it dwp •r'• dni•ir •h•ll htttirl. ~~ Ord ivn<e V:. :59 ?ate ? "(e) tecePt a ochmiu henio prwidN, dtl[ie/ the fir evaltebta to rpuf•[ n apryal, nd at ell tirf prior to tta efoderiq of f tinl judt- rat, ehf attaet o2 tneb voe-nawal, pfryvtioe ee rw«•eiov ehfll bt v[qN. IDa dfcitiry of rho Ciq Conril Adl bf lirl. "(d) towitha[atdiq •w otefr prwitiosa hfrfis toanieN to rht eoetwq, the Ciq 14eger troll ba arewrN to ettrc f• innnnllnef tutpfotioa of . pfetdt, pWlq Mariq, ~ittwt dalpiy the fttrein ef:• ehfefo! i! h• (inc liNa Nf ewtioaM <oMtlet of etlet pNdttw cw•ei roof • dNpr eo rh• pAlic nQth, uHq or rQhw. "(J tq Dfrdt[r rton ryrfdt hat ben fetryNN uNfr the Pewi- Neu v! Dfrgnpe (d7, Awf, atdl hwa • enriq fetMe:N htf o:. cb• City #fagfr riciia fief (Si fertfq dqf of ttleY n•yetpoe. M q~riwN pfedetr fry •pMN to Ciq 14ager'a daeitiw p ptwldN iv drt[ioo d.1..130(h). Nwer, tbf fetryuiof fall vet ba nqN dvriq meb •pped Di«NrrN. 'tr- argaeq mite rysadttr fMll nwUt edr•ovN liH tappore (ryraWle7 fAolera Nniee w e ertlaewa nrq-twe (3U hwu pfr dfy haft drriq ehf rein tm et eh. ryrait. "Ile tAelrry eryeftw •Mll Kwib tArlfecf ffnlw !os aAul•ec• ullt wl~iutlq rlteL tN Ciq tiler b ebll lint tna An1aN • vlid Ciq Nradt h reMara rltt trio CeN[r. "tr- atre{aaty aAalara efniaa epatviq N argrcy eprrt ehfil dbryta- r aArlara it earilara der Ni Ciq ryrNsrN W /s«Mueft rf- pirN y LLi fgiieAlf •cN• fN cwvq chef. tf w atDalrta tt ooc evfii- AIt tw tarri/ar dlfryNt, eM ryrNrN rpvlrM q ell gplieYlf ent• lwf, iriN/q ttt Celllonit Ntitlatvtiv CNe, eM eq gplicAla wuaq eWU tell t• tollwN. "(J 7ta /aattitl -lre heertlee hi•trict IXerykh Cfoter ttfli to iradpbly aetlliM ty ry[tdttN N eq frgetay tAtllt«f rpuef[ oc eaN. "(N LLl frgetq aeniee ayNmf oH[Nwf .tell ri•c•ie f 1R !er a pgiN et fret (1) fun esNNeiq Nl ditrytet aN frrivd tiro W 1«atlesa, to vatasa of tha Wleal frgaagv tha teal atvnc <nqN W dt tar s[ tb rrlpiwt N nA ffnlcN, ell We Wr pralq of pn- lrq W nfiWlf tw iNryet/w ty tlq egrnrtatlvn Nriq olHn tour. "ell oat-argfry eAflttet oryre[m enli rLtW • •ifilfr IN, rcpt stet dLrytct W enptr tart etfll tot be epulrN ee b• rt- eoNM. "(c) po aALLara •-dl h dlarytetN rltert hniq nett r.- eNrM • Igit/rw rpart tw art nnlaN• v e u ire + t -- . -.... ...i.r. s ..a.. "dAderu teal ha rlaeNW at all Hra It doM retrieal rf- rylr, it • aler eM •rluq aaYit/sef ed le loll aa~llara rift ell elpli- cAl• Ird W Hen lwa. ~~ ~~ Crd ivnct No. 269 Pet• 1C "(ei MAIMCN 6jCItNOIt. All e+bvLun tool ba etuippN rith tro-•q rNiot evd dl ochre uLry sod ergtod puipret rruirN Evr eruleoete br tba Cal itvcviv r+biclt CNa red ebt Cditoreit ldaivir receive CNe~ edueittretiv rule vt eh+ Couvp bLLeh Ot[ktt a eha ur art ow rrit4v, er bere•t [•r rrvdN, evd eoP otbec tutu or rquLtive+ wppliub4 to rtluLvcr uniu+. "(b) m160Ct (168) 11~C61tCi ipOl[MOS. Iv Ndieioe [o ehr ryvlu et-alesea gnipwm +N enppliu, ell LL! tlvl<veu the11 rlrv bt otvippN a [pvirN nNar Rha +duvittutira rota of tot Cueq FL+It6 o![i- ur, rd m rquirN bt +vr other mpl ieaDl• tuu or local ryul Niooe. "(t) NAID2IDANC5 a R'.LC~C! G1CI[l:IIt AtD SCPT :CS. ormiyt, DaNyiy, iutrnrtn eN oth+r rdi¢d •oppllu ueN [or ceu cod toatrat o! petinq rill ha mocrtN ee ttm err renrll• rbr meat for uee. "bap pmtr •te drive r dalesea rithie the Cl tP, roil. nepoea- iy to ed L, roll eaRip rich ell eppliceble rpvirawn of ateta la, iv- cladly, eb+t ry Nr+rvu rt 2mtb iv tot Cal ltervie NNtimutia CN+ for elvlam+ ddwn. lbt dsbae of r r-v4ma ebll bt tnieN aN eoyuut iv tb Nopm nr N all agvipree rgtieN bt t\L Chtptm m ee\ar appliubl• lw. At debar thdl dee hold • cmMliaab N er tort tt OR-11 rltu th• errltra Nnin otmetm \r Mr tprilieellt rarfN ten thin eNuiwrec bP Na Crr11. t\t drirar teell told . r+l(d Glilmele drbm llravtt rbicb rtYOrkr drbm to drira to trNara. "(d 1NOIdNi 1tt~iYt. All tJvltra etbadrb shell b tuioN eN cawatwt A e-t mepm vet of all atvipwt rettieM bJ thin CYepem, m bt et-m gpliee-Sa Ir. aN ebll Nld !tt rattirN eartitketisa et et lane r Oli l1. I! tYe v\l¢la ie btiy ¢tN m r tryaaq wnka (LLt) ern- lara, at tame er +[etNrt r\ell bl1 a career <mtlf ecru r u MIC peu- aNle (CR-t!. •(D) 11'[~tYt lgOIlm. 4a- erdree bLLy vptutN ritbiv eta Clp, L napnN to N aryre! edl, •Mll b ete[!N M bot\ • drum eN MIC brrNlr. Tbw mC a..wrdi" M .. ..+., .... -...-.w:.. .-_ .- .-. _. ___._ cell •Yeil ocrp tM Nelrt eotptrtrm rh61t tuupmtly vq pmoo io ep- peers vtM et tNkd tttrtiot. A vn-aryrq edb, eh• ettetleoe rte bold, et Nvirq • tvrere OR-11 etetltiuta. "V tiaLme drior or eieltme etbdto[ rh¢ L • Cel i[ervie li- cutN pyNeir vt u Y1C vvna earsreh <mtifiN, tell ba met lroa the eryart aMkel traldq regvirarat o[ eels ereioa. "TlA trtin t-all net elPll dvdy ep 'enu o[ arytmt' or 'local trritrt' u dN1vN is eta Gr+r+rat CNa of tb ttaN et Glltorvi+. "V erdtra hrN tM prepmlt liarW mnldt eha Ciq bet oot L- eutN Y) t\t Ciq tblt b rt\mkN to trtnpmt • Ntitat to ar ebroyh eha Ciq, bet chit ter N rtterkN eo trrtNrt Mtirtt mlt/natty to ehr Cih. r¢eN iv aryart •itntiar rYr to ee-m tiertN eryart etvk• mrNr b etrenaYlr ml1Yb. tt eta dimwt/r of t4 rrvrtly yret, rod rablaat to tWeitddae rwlr n Ci H. • roa-Cih lic•mN eivlrxt rr b• uellkN A Ills tN dmN dtaMott ehr w 1kraN prr/bs U nurabiP malle\la. ~~~ , ,nano N<. 259 Pate :1 a«. [.le.ltp. cxrvaet..N e~ ti "DUriv[ av) 'axh of we pxrpery,' 'run vE axrpoc),' ar "local ~aepve)' x M[ixd iv the Wli[mnia hpgave) imieu dcc (<paptar i of piriaioe l of IitL 2 of the Covatvxve CoM), a sandN, uch xhvlxn r<r- rin oparatm [hall prmida agvipxo[, Lellitiw, avd panovxl x nqut tad b) the Cit) IYx[ar. "Y) wpe m pebpciihar to x ~bnlxu xoix cvvnNie{ ehae na eu Mx rpvirN to pa) u pvcnaiw Aerie tm urrin m that 6a nx raaivN wxtiafxtm) xnien x) lilt • veitxv eaglaivt vita [ea Ciry Maxpr xe- tist !mtl avA sl lap[L W. 7ba Ci t) xxpr shall Doti[) tla •ttwud gniccx of each eeglaivt, W :hall lmntipn tla utter to Mnniva tea nlidlt) of tlp cmplaiht. 11 tla covplaivt i• dabnixd to M slid, the Ciry Maxpr •-sll x4 • rwoxbla W peope ae[ioo to xeur• cwPlixw vitl tla cevdi Hox of tlia Cpgbt. "(J Tha Ciry xxpr shall vW all wcxxry xd rwoxbb tutu avd raplatixa, pnbjx[ [o the apWmal o[ tla Cwvcil, pprntaiv[ to abvtxna, ~buixu xnip opxelW, pvipxvt, ~hulxn panvvwl, rwoxbll xcxxry tm tla atbrtin aN rwaovabip adviaia[zative o[ ceu ceaptar. "(b) IDs tit) 6xpe, dmlp[ o!!ip hmrp or othmba upov vuov- ably votive, ahaa M aathmirN h ppr~ittx [o ixpp<t the rxerb, hcih- tix, rNiclaa, goipprat aN vatlada of aryutlw vhaaavar wA ixNCtiova sip dapvaa x<xxry. 1e eputer ahQ1 M Mtv.d to M Lv aolattoe o[ irp quit it it rnakl tail ro yrmiG. dffiar iv vnola m In part, W xrvixa ocbarviae rp- quirN, vitlavt [wlt N Nr~lttx, i! uch pr[oexvu is penavnd b) av) of tla tot leviv[: "(b) Lher xritap or dLptx; "(c) Ivnrrutlx of x7 {marpW[ bN){ oc "(d) M) fmn rxaaxbl) hqW Aa <xtrol of tla oqutm. "Ie abll M wlw[ul tm aq Mnw, tin, paete•nhip or corpoutiov [v •iolan av) pwblw or to (all to eegll vltl x7 of tlp rgvirrvu at Ala pgtar, dq pxop, fln, Mrtgnhip, m emppratin riolauy av) pra- datoa of tlip Chgtar m tplilp ee eegl) With pq el lu rgvir~xu shall M Gard pllry N • viadapv,xar W vpx covrl<tlx [hxpe! poll 4 PwianN D) • tW set axpNin[ Ow IhovxN iolbo (il,p3h.00) or y igruopvxt Dot avexdly pL (6J Kxhp, m DS btl avA !iN W ia-rLovaxt. 4eh wen pnm, [ln, Mttxn-t-, m empma4w phpll Iv daa~ad pLLry of • upann ofAvx lm x<h W mry 47 m x/ pmtivp thanN dwiY vniA av) rnla- tix at w. oe tla prvataia.. vt wa napr:r ip tflitRVd, tvvtivved or psr- cud h) pve6 panov, iin, pareM[xt- or <mperaneh, W shall b• daaead p®lababla tlxptm a prmlYd /a chip QNxr. _ _. ~ / J Ordiwvice Ne, ]69 , P•P l3 'Inc e.le.2d0: Ciril xardin wai lab L. "Iha •iolatioe et n) of tht pcmitiwa of tbae thapear thLLl covtti- tutn • vvinaw aed r7 M abaud b7 tht Ciq thrwp ci•il prowu b7 ravt of rntruviv{ order, prdiaiwx) m parrot ivjretiw oc iv ae) o[her rvwr prmtrd b) lr Ea Na artauvt of nch vtuuvut. 'br. e=1e.270. ennrabilit•. "ihn C!t) Comeil bKJ7 A4ana that ahwid av7 prnnivv, r<eiov, pnra{raph, rattan, oe vmd et e-it RqM M rnNnrN or relarN imnl id b7 any tirl coact aetlw inn eowt of <o.patrt jwitdietlw, m b) rreov of r7 ptar-tiu lyl Natir, eha rraiaiy prnbira, pctiou, Wnernpht, 3aa:aacH av6 vts da of Nia Cia{tns she:: rnria iv Fall Fmw nN etHC[.' {{CSIE{ 2: T\e w)r abll tip t-in Ordirrn W eha Ci t7 Cler\ [ball uar tha tar to M pYlbhN attain Hfgr 11A 4p dur !tt patup at Lnt wr iv T\a Ytlb erect, • vtrpa}tr o! pwrtl eirevlatir publ bhN in [ba Clq o1 44eie, 4litoreln, rd cirevLeN Av t\a Ciq of eavcho 4 ratap, 411Earait. TYeeD, YRCtp, tN 100eOD chit Itb dal of rpat, 19e3. eTSa: l,ywt, Yitala, w-1, eiy e0et: Yrtpt leek: teat o. nbnl., w)m uaer: ~9 a/'/~_ Mnel1 rthabt, Ciq Cln\ I, eifOhT 1. 1006{7, C2II 0.O[ of t\a Citl of Wcho Cuwov{a, 41i[aeeit, b \eraY7 rrtlt7 We tJtt tmtply Ordlraw vat ieuNVCnd at ao adjoaevN rvtiy of Na Caren N Mt Clq o! Wehe 4e~wea Nld on the lbt r7 et Jd7, 110, aN an tWll1 Wrd at • rtplu rntiy o[ Ut Ci t) Corcil of thn Ciq N eaae\o 4e~tap iQd w e\n 7th dal of aaptt, 19td. WcetN t\b {V r7 N Iapat, 1eO a[ Wde 4earp, 4litmvia Cnnl7 f. rehnlnc, Cir7 Cinrb CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 1, 1988 T0: Mayor and Members of the City Council `•°CY: 9rad Buller, City Planner BY: Dino Putri no, Assistant Planner SUBJECT: ENYIRONMENTAL ASSESSMENT AND DEYELOPMENT DISTRICT AMENDMENT 88- - - reques o pre-zone a por on o e n ernar no ounty unincorporeted area (for annexation purposes), approximately 51.47 acres of land, to Low Residential located north of Hlghla:rd Avenue, south of Summit Avenue extension, east of Deer Creek utility corridor, and west of the County/City boundary - APN: 225-161-19, 32, 33, 34, 35, 36, 37, 38, 49, 53, 55 and 61. RELATED APPLICATION: Mnexation 88-01 I. RECOMIiENDATIOH: It is recommended that the City Council adopt the a ace r nonce, prezoning the subJect property to Low Residential. ::. "unC~unuuriu: ni its meeting of April zi, 1988, the Planning Commission anon moos y recommended that the City Council approve Development District Amendment (DDA) 88-03 (Pre-Zone) The purpose of a pre-zone is to establish district (zoning) regulations that become effective only upon annexation of property. Upon review by the Planning Commission (see attached Planning Commission staff report) the following findings have been recommended in support of approval of DDA 88-03: A. The sub,)ect property is suitable for the uses permitted in the proposed dtstrict; and B. The proposed district amendment would not have a significant impact on the environment: and C, The proposed district amendment is in conformance with the General Dlan. ~~ 7 CITY COUNCIL STAFF REPORT RE: DDA 88-03 (PRE-ZONE) - PULSAR dune 1, 1988 Page 2 Based on the findings above, staff recommends that the City Council uphold the recamnendation of the Planning Commission approving Development District Amendment 88-03 and adopt the attached Ordinance. Rz;p- lly Ttt Bra e City P anner BB:DP:vc ~~S Chairman McNiel closed the public hearing. Commissioner Emeri ck moved to approve Tentative Tract 13703 as ameMed, Commissioner Toistay seconded the motion. Motion carried by the following vote: AYES: COMMISSIONERS: EMERICK, TOLSTOY, CHITIEA, MCNI EL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY # # # # # # # E. ENVIRONMENTAL ASSESSMENT -carried nL/ V - PVL.)nl, VG,CL YPI'IG I,I - In IC,~YC~4 W ~IrC-LYIIC C pU!'G1 UII o e n ernar no oun y unincorporated area, for annexation purposes, to Low Residential (2-4 dwelling units per acre), Located north of Highland Avenue, south of Suma~it Avenue extension, east of the Day Creek UtT19ty Corridor, and west of the County/City boundary APN: 225-161-35,36,37,38,49,53,55 and 61. Dino Putrino, Assistant Planner, presented the staff report. Chairman Mc Niel opened the public hearing, Mr. Mayne Blanton, representing the property owner, stated they agreed with the staff report. Mrs. Julie Rusdad, 12366 Highland, Etfwanda, questioned the future of the private easement for ingress/egress an her property. Mrs. Rusdad objected to the zoning of Low Density (2-4 dwelling units per acre) and believed that a half acre lot is more acceptable. Mr. Doug Lyon, 12477 Ironbark, Etiwanda, questioned why staff is recommending a higher density than the neighborfng parcel that is within City boundaries. Brad Buller, City Planner, clarified that the General Plan designates the area to the east of this to be ane zone and this area to be another. The recommended Development District is consistent with Lhe General Plan land use designation adopted in 19x1. Mr. Lyon stated that it snauld be consistent with the adjacent land uses. Brad Buller, City Planner, further explained the area north of Highland has a variety of land use classifications. Planning Commission Minutes - 5 - April 27, 1988 ~~9 Mr, ,?ac ob Baltinte, 12354 Highland, stated his objection to the prezoning of this property. Ralph Hanson, Deputy City Attorney, cla^ified that if there is an easement in effect right now that development below it will not necessarily take away that easement, it cannot 6e landlocked. The development might change that access route to a paved surface. Mrs. Rusdad que stf oned if the easement would remain private, Cha?rman McNi el clarified that there is no plan right now but if there is a road coming up to service the houses, Mrs. Rusdad will have access to her property, Mr. Wayne Blanton clarified that the applicant will stub in streets. Mrs. Rusdad will have the right to keep their private street or utilize the development's paved streets. Brad Buller, City Planner, stated that for traffic flowing north Mrs. Rusdad has granted an easement across her property for properties to the north of her to cross her land. Nith this proposal, Mr, Blanton is stating that all access to those properties north of her will be given permanent access through his development and therefore should abandon the easement across her property, if she desired, because there would be no further need to use it. Chairman McN1e1 closed the public hearing, Commissioner Chitiea stated that Low density would be a leas ti ma to is-open space des gnateduto t ~nortA,~Low-Medium fon theasouthCeandere appears that directly north there are larger acreages, Very Low would be consistent with what is to the north. Commissioner Emerick agreed that 1-2 dwelling units would be preferrable but then there is no incentive for the developer to come into the City. If he can develop at 3 dwelling units per acre with the County, the City would most likely not be able to cooperatively annex this land into the City. The 3 dwelling units per acre that the developer presently has with the County centers right Tn between 4he 2-4 dwelling units per acre. Commissioner Emerick stated would advocate 2-4 dwelling units for this project. Commissioner iolstoy agreed with Commissioner E~r!ck and pcinted out that .t .s ?-m--..~,_. r~~ b~~~ fvr the Ciiy to be able to control the drainage. If it is part of the County, this might be disregarded. Commissioner Chitiea stated that there could be an equally attractive and desirable project under the other density range and would like to see a lower density for this project. Planning Commission Minutes - 6 - April 27, 1988 3a~ Chairman Mc Niel reopened the public hearing. Mr. Blanton stated that if the Comaissi on denies the density, the developer can go to the County and get the same density. The developer would prefer to do the project within the City and under City jurisdiction. Their current density is 3 1J2 dwelling units per acre now; 8200 square feet lots. The developer has consistently worked with the City and would like to be a part of it. urad Bui Ter, City Planner, stated that under the Nest Yalley Plan, which the County has adopted For this area, there is still provision there for density bonuses. Developers are consistently requesting some density bonus requests and though this is Residential 3, the developer could go higher under the County. Mr. Andre Rusdad, owner of Parcel 57, questioned if the City was prepared for a higher density since the need for streets, schools, parks, equestrian trails, etc. is increased? Chairman Mc Niel reclosed the public hearing. Commissioner Tolstoy stated that the advantage for bringing this piece of property Tnto the City, along with the fees associated with it, the controls associated with it, override the change in density and supports bringing it in at the recon~aended density. Conmissioner Tolstoy moved to recoiwend to the City Council approval of the Development District AmeMment, Conaissioner Emerick seconded the motion. Motion carried by the following vote: AYES: COMMISSIONERS: TOLSTOY, EMERICK, MCNIEL NOES: COMMISSIONERS: CNITIEA ABSENT: COMMISSIONERS: BLAKESLEY * ' * * * * * --carried F. ENVIRONMENTAL ASSESSMENT ANp CONDITIONAL USE DERMIT 87-08 - reques es a s a one c assroom space as a par o art existing church in a leased space of 2,000 square feet within an existing industrial park in the General Indus?rtal District (Subarea 4), located at 9038 ArchT bald _ APN: 204-1?1-46. Greg Gage, Assistant Planner, presented the staff report. Chairman McNiel opened the public hearing. Mr. Steve Fitch, Senior Pastor for the church, stated they are in agreement with the conditions of the staff report. Planning Commission Minutes - 7 - April 27, 1988 3~ ~ - CITY OF RANCHO CUCAMONGA ~~cnMo STAFF REPORT ~?~ ~'~ ~~, DATE: April 27, 1988 > 19 i] T0: Chairman and Members of the Planning Commission FP.OM: Brad Buller. City Planner BY: Dino Putrino, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AIlD DEVELOPMENT DISTRICT - - t - reques o prezone a por on o e n ernardino County unincorporated area (for annexation purposes) to Low Residential (2-4 dwe111ng units per acre) located north of Highland Avenue, south of Summit Avenue extension, east of Deer Creek utility corridor, and west of the County/City boundary - APN: 225-161-19, 32, 33, 34, 35, 36, 37, 38, 49, 53, 55, and 61. I. PROJECT AND SITE DESCRIPTION: A. Location: North of Highland Avenue, south of Smmit Avenue ex ens on, east of the Deer Creek ut111ty corridor, and west of the rminty /f lfv hn„nAa.v B. Site Area: Protect Site - 31.47 acres (gross) Extended Site - 20_00 acres (gross) Total 51,47 acres (gross) C. Existtn Zonin San Bernardino County "Special Development" es en a ngla Family}, D. Existtn Land Use: Primarily vacant with the exception of one s n9 a am y awe. E. Surroundtn Land Use and Zonin r - r mar y acan w the Exception of an Existing i_il{amnnrta in,~n yv iJyt:• District punry atatiun; San Bernardino County "Special Development" (Residential, Single Family) South - Single Fam11y Homes; Yictoria, Law Residential (2-4 dwe111ng units per acre) East - Vacant; Etiwanda Specific Plan, Very Low Residential West - VacantthCounty~oflSan Bernardinoa"Special Development" (Residential, Sin91e Fam11y) 30~- ITEM E PLANNING OOMMISSLO' 'TAPE REPORT ODA 88-03 (PREZONEr - PULSAR DEV, April 27, 1988 Page 2 F. General Plan Desi nations: ro ec e - ow e~3nti al (2-4 dwelling units per acre) North - Open Space South - Low-Nadi um Residential (4-8 dwelling units per acre) East - Very Low Residential (1-2 dwelling units per acre) West - Low Residential (2-4 dwelling units per acre) G. St to fna racteristi cs: Tl;e subject site is primariiy vacant w e excep on o one single family house and Ts located within a 100 year flood basin. The majority of the site is covered by a natural alluvial scrub vegetation. This vegetation is also found Tn the surrounding foothill areas. In addition, the surrounding adjacent area is also primarily undeveloped with the exception of two single family houses and a Cucamonga County Water District pump station. II. ANALYSIS: Staff has determined that the proposed request for a eve opment District Amendment (pre-zone) 1s consistent with the General Plan, thus, does not require a General Plan Amendment. The purpose of a pre-zone is to establish district (zoning) regulations that became effective only upon annexation of property outside the corporate boundaries of the City of Rancho Cucamonga, but within the sphere of influence, a pre-zone of oroperty within one or more districts fzones) may be made in the same manner and subject to the same procedural requirements as prescribed for property within the City. Upon passage of an ordinance ae~aMl Lit-n K- _ outside the CTty,V the Ldistrtct mapLShallobe 9revised rto shoaethe potential or "pre-district" ciassification to become effective upon annexation, and shall identify each district or districts applicable to such property with the label or "PRE-DISTRICT" Tn addition to such other map designation as may be applicable. In addition to this Development District Amendment request, the City is also processing a Tentative Tract Map application (TT 13812, see Exhlblt "D") for this project site (Planning Commission review scheduled in May, 1988). The applicant is proposing a density of 3.5 dwelling units per acre 1n conjunction with a tract alreagy within the City border and which is consistent with the General Plan. to the project site asking if they would like toeparticTpate nmand include their property as part of the requested annexation process. Ne have received a response from one property owner, The N1111am lyon Company, authorizing the City to include their property Tn this prezone/annexation process (see attached map indicating location of this property), This property shall be referred to as the "extended site" and both the project site" and the "extended site" together shall be referred to as the "super site" for description purposes throughout this report. 303 PLANNING COMMISSIO ?AFF REPORT DDA 88-03 (PREZONE) - PULSAR DEV. April 27, 1988 Page 3 The extended site is similar to the initial protect site. However, the extended site encompasses the proposed Interstate Ni ghway 30 right-of-way and a dike. This dike was developed to protect the development in the Victoria Planned Cakmuni ty from the "l0U year flood" thereby acting as a water diversion mechanism. It is staff's understanding that the dike will be relocated north of the proiect site as a condition of the Tentative Tract Map. A. Surrounding Land Use: The area to the north Ts within San Bernar no nun y, composed of the same natural conditions as that of the "super site", and undeveloped with the small exception of an existing Cucamonga County water District pump station. This area, as well as the area to the west, has been master planned with similar type development (density of 3.4) as that which is proposed for the "super site". The area to the west is also within San Bernardino County, composed of the same naturai conditions as that of the "super site", and encompasses two single family homes and Lhe Southern California Edtson Company corridor. The area to the south is part of the Victoria Planned Camkunlty which is developed with Low Density (2-4 dwelling units per acre) single family homes. The undeveloped area to tha oaN i" w+*ti+.. a" r+.,.~. boundaries and incorporates several hundred Eucalyptus trees (windrows). This area is also a part of the proposed Tentative Tract Map 13812. III. ENVIRONMENTAL ASSESSMENT: Staff has completed the Initial StuQy an rev ew a nv ronmental Checklist, Part II of the Initial StuQy, and has found no significant adverse environmental Impacts to occur as a result of the proposed pre-zoning. It is anticipated that any issue of vehicular impacts may be successfully mitigated at the development project level. IV. FACTS FOR FINDINGS: Development District Amendment 88-03 will not e e r men a o the ad,)acent properties or cause significant adverse environmental impacts. Should the Cam1551on determine that the amendment wool, oramo£a £hA land Lca grula arA ~JrpOSe.S Of the General Plan, the following findings !oust 6e made for approval: A. fiat the subJect property is suitable for the uses permitted in the proposed district in tanks of access, size, and campatib111ty with existing land use in the surrounding area; and B. That the proposed district amendment would not have a significant Impact on the enviromkent nor the surrounding properties; and ~~ PLANNING CDMMISSIC iTAFF REPDRT DDA 88-03 (PRE20NEi - PULSAR DEV. April 27, 1988 Page 4 C. That the proposed district amendment is 1n confonaance with the General Plan. V. CORRESPO!lnENCE: This item has been advertised as a public hearing n e a e ort newspaper, the Droperty posted. and notices sent to a proper y owners witFiTn 300 Peet of the protect site. VI. RECDMNENDATION: Staff recamxmnds that the Commission adopt the a c e eso utton recemaending approval of Developarent District Amendment 88_03 (Pre-Zone) to the City Council and issue a Negative Declaration, thereby designating the protect site and the extended site as Low Residential meet!ng the City's Development Code standards. Resp 11y su ted, ra City P1 ner BB;DP: e Attachments: Exhibit "A" - V1clntty Mao Exhibft "B" - Site Plan Exhibit "C" - Development D1strlet Amendment Map Resolutlor, of Approval 30~ ~T ~= CITY OF RANCHO CUCAMONGA PLANNING DIVISION 30 ~ eTtwANUa' ITEM: D1~A $$-03 TITLE: ~in-irY I~ /~ NORTH CITY OF RANCHO CUCAMONGA PLANNING DIVISION .~d~ ITEM:~A 86-0~ TITLE: SIT 1~LA~ EXHIBIT: ~_~ SCALE: NTS 59ECVsL DEJELrJPH.Et-IC ` N e ' cze w cec SVMM IT / / AUE. / SUBJECT /~ i I j I~ROPERrv i FROM RES-3 W ~ -ro- I v ~_~ LDR / ~ ~ sPECD L. LDw DENSIrv 80 ~ ` DEVELOR'IE1T ~TJ4 W1 ~ ~ 1 ~REStDEr1l~Atl j~~Z~~;~ /s~ ~ ~, SIn1t~LL' Fgr•ry ~,~) ONE E%ISTING o ~ N yV~ NF I FE910ENC/ ~ - TIN /~ - ~ W~ // ~~ / i raernuw sx.e~ I I , EXT2ul~A I I SITE ~~', I ~ROr1 ' S D" (sPeua~. ~E~~,~~ - Reslo~TU-L, SIIYjLO _To- FArnL~~ Lo"1 RES~DEt~IT~AL~ HIGHLAND AVE. _ ,,L. ,>' `-LOW RESIDENTIAL J ~/ ~~ _~ / NORTH DEVELOPMENT DISTRICT AMENDMENT CITY OF ITEM: DDA 8®-C3 RANCHO CUCAMONGA TITL&: -~.MEti1DME.'.1T MaP PLANNING DIVISION 3°~ EXHIBIT: IICI~ SCALE: uT5 m.. t ~ ( I yt q {> \ r tit l ~~ V ~ ~{I ~~ ~ i L '~ ~( ; p Vim' • Tract 13812 8 q~I /ice b~'n c~w4 p :~ u p i r r 1 0l) n r~~~~l~ 1 1 ~ III o ,~.w °~..r.~ r--~ / ~r ~ / 1 .a~ Tni i W. _ ~JIVMw.~ !4 _.. \ ~ Wt ~ n ~ ; ~ ~ >I 1 Y ~ <t / WWinirOr 9r ~r.oow.~rwi .+_-..t ~ ail ~ I 1 1 U''``~ar ~ c ~ VARK,F, . ~ ~ . ~ ~ /~- gJ~Wro. I ~ ~ vwr ~ro~~ e. t• - ~ ~Wi / ~ 11 / wit Si°o __ ---~~__~ WI TN ti4wmi a r8n `~-- __~~~\) W Ratlroj q auto G~ y~ V 11 1x~ O ir~I~Y~~i I c1 .i- r ! ¢ .. - A . ~ ~ ~ ti /rD i `J~• 1 ~ rrcn ~ ~ISrlu II /"*~ V¢IOru i 9 a 3 S_ U ~ Q t ct < < ~t• t~q~,j CiA./, lIA t c.uiF` ar rsR'M1'O'v4o w p Y w ~' e i r t t ~irh" w~~ p ~ n t alma St. Lo. C Aw ~RKAOWS Tarr t 1 1 V n a Y ^ ifiYA1gA ~ IN7N. sCN qnn~ Or 21P CO DE 91735 Kn„a a ~~ PACIfIC F rln ~ pn St. ~ ~ ~~ = r Cik °i dl ~? T l+wmw~ r ~ r CI C a. ~eP Si R id ~ 1 € ~ i vo Cyr OF I1°Eli:_ 17~A SB-o~ RANCHO CUCAMONGA TITLE: TRacr 1"L~ cuN~so,r PLANNING DIVISION ~~5 EXHIBIT: ,t ~~~ t ^ r .'~-c ORDINANCE N0. <J---~S AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PRE-ZONING ASSESSOR'S PARCEL NUMBER 225-161-19, 32, 33, 34, 35, 36, 37, 38, 49, 53, 55 AND 61 LOCATED NORTH OF HIGHLAND AYENUE, SOUTH OF SUMMIT AVENUE EXTENSION, EAST OF DEER CREIX UTILITY CORRIDOR, AND WEST OF THE COUNTY/CITY BOUNDARY TO LON RESIDENTIAL The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the pre-zoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duty heard and considered said recaemendation. B. That this pre-zoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This pre-zoning is consistent with the objectives of the Development Code of the Ctty of Rancho i.u~anwnya. D. This pre-zoning will have no significant impacts on the environment. SECTION 2: The described real property in the title of this ordinance-mss Fierce y pre-zoned in the manner stated, and the zoning map is hereby amended accordingly. The Rancho Cucamonga City Council approves the issuance of a Negative Declaratton on June 1, 1988. NON, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the City Council of the City of Rancho Cucamonga hereby approves on the 1st day of June. 1988. c.ei vrnnem DiStriCt Aneriunreii2 BB-D3 pre-ion ing the properly described in the title of this ordinance to Law Residential. ~~~ - - CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: June 1, 1988 T0: City Council and City Manager F"~M: Russell H. Maguire, City Engineer ~~ 8Y: Judy Acosta, Junior Engineering Aide SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 46 FOR TRACT NOS. 13476, LOCATED ON THE NORTHWEST CORNER OF HELLMAN AVENUE AND TRYON STREET AND 12902, LOCATED ON THE WEST SIDE OF kERMOSA AVENUE, SOUTH CF ALMOND STREET TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 RECOMENDIITIU: It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 46 to Landscape Maintenance Cistrict No. 1 and approving the Engineer's ReDOrt. BACKGROUND/ANALYSIS Attached for Cfty Council approval is a resolution ordering the work in cdnneCLi0n with Anne%dtion N0. 46 to LdndS Cdpe Mal nten aflCe Uistrltt Nd. 1 for Tract Nos. 13476, located on the northwest corner of Hellman Avenue and Tryon Street and 12902, located on the west side of He~nosa Avenue, south of Almond Street. The developers of the sub,Iect tracts have been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report tentatively approved by Resolution No. 88-273. Respe 4 ltted, F` RHM:JA: w At[acnments ~ all RESOLUTION N0. ~' ~ ' ~~~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 46 TO LAN OSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13476 AND 12902 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-274 to order the therein described work in connection with Annexation No. 46 to Landscape Maintenance District No. 1, which Resolution of Intention No. 88-274 was duly and legally published in the time, form and manner as required by law, showy. by the Affidavit of Publication of said Resolution of Intention on file in the office of the Cty Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Interticn were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 88-274, according to the names and addresses of such owners as the same aooears on the last mat lino or as known to the Citv Clerk of the Citv of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the ,jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derivad therefrom and said City Council having now acquired ,jurisdiction to order the proposed work. SECTION 1; It is hereby resolved by the City Council of the City of Rancho Cucamonga }hat the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of int an4 inn pn. AA_27a~ ho Anne anA maAn~ anA SECTION 2: Be it further resolved that the report filed by the Engineer is'~6y finally approved; and SECTION 3; Be it further resolved that the assessments and method of assessmen~in~~Engineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin until-aT~er 60 percent of said tracts have been occupied. ~~ CITY OF RANCHO CUCAMONGA Engineer's Report fcr Landscape Maintenance District No. 1 ANNEXATION N0. 46 for Tract No. 13476 and 12902 SECTIOR 1. Authority for Report This report is in coepltance with the requlren~ents of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California ;Landscaping and LightTny Act of i972i. SECTION 2. General Description This City Council has eleckd to annex all new subdivisions into Landscape Maintenance District No. 46. The City Council has detercined that the areas to be maintained will have an effect upon all lots within Tract No. 13476 and 12902 as welt as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts arc shown on the recorded Map as roadway right-of-way or easements to be grankd to the City of Rancho Cucamonga. SECTION 3. Plans and Soeciflcatlons The plans and landscaping are as stipulakd in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the sub~eet tract map or development plan and the assessment diagram for the exact tocatton of the landscaped areas. The plans and specifications for landscaped improvement on the individual development 1s hereby made a par4 of this report to the same exknt as 1f said plans and apeaii'icaLions Mere aLLdcneO nereLO. SECTION 4. Estlmakd Costs No costs will be incurred for parkway improvement constructtort. All imprcvements will he constructed by developers. Based on historical data, contract analysts and developed work'standards, it 1s esttmakd that maintenance costs for assessment purposes will equal thirty (f.30) cents per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. The estimakd total cost for Landscape Maintenance District No. 1 including Annexation No. 46 Ts as follows: Existt.^.g Annex New District No.46 Total Landscape Area 1,056,881 129,455 1,186,336 No, of D. U. 9,691 fib 9,757 Per Lot Annual Assessment 1,186,336 x f.30 f355,900.8t1 102 x 5.00 ~ 510.00 f356_ 4180 = ~ f36.53 3 /~ Assessment shall apply to each lot as enumerated in Section 6 and the attached assessment diagram. Nhere Lhe development covered by this annexation Involves frontage along arterial or collector streets, which are designated for Inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced. SECTION 5. Assessment Diagram A coQy of the eroposed assessment diagram is attached to this report and labeled Exhibit A , by this reference the diagram 1s hereby Incorporated within the text of this report. SECTION 6. Assessment Improvements for the District arc found to be of general benefit to all lots witATn the District and that assessment shall be equal for each unit. Nhere there Ts more than one dwelling unit per lot or parcel of assessable land, Lhe assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. The City Council will hold a public hearing 1n June, to detenlne the actual assessments based upon the actual costs incurred by the C11;y during the previous fiscal year which are to be recovered through assessments as requlrcd by the Landsape and Lighting Act of 1972. SECTION 7. Order of Events 1. City Council adopts Resolution of Prc11m1nary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to Mnex W District and sets nnAl~n M..d ww AHD 3. City Council conducts public hearing, considers all testimony and determines to Mnex to the District or abandon the proceedings. 4. Every year in Mqy, the City Engineer files a report with the City Council. 5. Every year 1n June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 3/~ Properties and fagroveuents to 5e included within Annexation No. 46 to Landscape Maintenance District No. 1: MAINTAINED AREA TRACT D/U 13476 37 Ne1ln~an Avenue -- 27,195 102 12902 2~9 Caawunity Trail l0~SY9'7156 Ib~ 3~S ASSESSMENT DIAGRAM i.ANOSCAPE MAINTENANCE DISTRICT N0. T ANNEXATION N0. qb ?r tl M ~/ 1• } N L FOOTHILL B UL ,si``~"'~'`~, CITY OF RANCHO C:l,'CA,YIONCA ENGINEERING DIVISION ~'~ ^""' ~ VICINITY ~IAP im N ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 1, ANNEXATION N0. 4b -Q- T '• ? ~ ~ _ _.~ ` REMAINOEII 1 •~ RGIICEL -. p \ 1 _~~ ~ ~ I r ;~ t 2f I i \ f~ y ` ~ I-\~,~ 27 \".~ ~- - zs i I I ~ ~'' 23 v I1 ~ f ~. \ M~ c~r 27 21 I T T ~ I ~ ~ ~ •mr~ n. {I 1, 21 20 I If I 'r~ I '' ..J~ rnr t• wn ~~21rYM R f If i7 If ~ _~, - rj 17 i I 12 -I- 4'r C: ~4 7 ! 9 10 II I I ;_ _ I .li ~+wY~ulnr cwrt ~-~ C r o0 • I ~ ~ I >~(1 ~+i w -• ~oR1NfL2a m2n ,,p~~M ~,~ CITY OF RANCHO Cl,'CA,~IONCA ~~, = _1 ,~ ENGINEERING DIVISION T "~---6 ~' VICINITY ~tAP l~~ll Im ~---- CITY OF RANCHO CCCAMONC.A STAFF REPORT ~~,,~ - ~3 DATE: June 1, 1988 -~ I I T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer ~I BY: Judy Acosta, Junior Engineering Aide SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEXATION NOS. 44 ANO 28 FOR TRACT NOS. 13476, LOCATED ON THE NORTHWEST CORNER OF HELLMAN AVENUE AND TRYON STREET AND 12902, LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, SOUTH OF RLMONO STREET TO I STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 i RECOMMENMTIpI: It is recommended that City Council approve the attached resolutions ordering the work in connection with Annexation Nos. 44 and 28 to Street Lighting Maintenance District Nos. 1 and 2, respectively, and approving the Engineer's Reports. BACKGROUND{ANALYSIS N LLGLIICU iur i,i iy ~uuncii approval are resolutions araering the work in connection with Annexation Nos. 44 and 28 to Street Lighting Maintenance District Nos. 1 and 2 for Tract Nos. 13476, located en the northwest corner of Hellman Avenue and Tryon Street and 12902, located on the west side of Hermosa Avenue, south of Almond Street. The developers of the subJ ect tracts have been notified of the public hearing by mail. The attached resolution also approve the Engineer's Report tentatively aDProved by Resolution Nos. 88-269 and 88-211. Respectfull ubmitted, RHM:JRtd3w~" Attachments ~/ d RESOLUTION N0. ~~ ~ 3 ~~ A RESOLUTI QV OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 44 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 qN0 ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13476 AND 12902 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-270 to order the therein described work in connection with Annexation No. 44 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 88-270 was duly and legally publfshed in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears fran the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of *...^.tenti on were duly mailed to all Persons owning r~~l ProPertY proposed to be assessed for the improvements described fn said Resolution of Intention No. 88-270, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the Citv of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the .Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts ir, this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Councll having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of rerenr ;on No, aa_27n tie none an^ mane; a^.d SECTION 2; The Report filed by the Engineer is hereby finally approved; and'- SECTION 3: The assessments and method of assessment in the Engineer's ~r~are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said trac-{Te been occupied. 3/9 CITY OF RANCHO COCAMONGA Engineer's Report far Street Lighting Maintenance District No. 1 Annexation No. 44 for Tracts 13476 and 12902 SECTION 1. Authority for Resort This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new developments into Street Lighting Maintenance District No. 1. The City Council has determined that the street lights to be maintained will have an effect upon all lots within said developments as we 11 as on the lots directly abutting the street lights. Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light imorovementc nn mainr ctraotc (arterial anA roriain rnttert,.. streets) as shown on the Lighting District Altos Map which is on file with the City Engineer. [mprovement maintenance is considered of general benefit to all areas in the District and cost shall be assessed on a per unit basis. SECTION 3. Plans and SDecificatians The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on [he individual development is hereby made a part ^f this revert to Lh'e Sfile extent ai if Said Oianc anA tour if irc Were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. 3J~ SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs far assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. Street Lighting Maintenance District No. 1 has been demarcated into two zones. "tone i is conryrised of street light improvements on mal or streets for residential improvements (single family, multi-family, condominiums and apartments) throughout the City. Each dwelling unit in this zone will be assessed as one assessment unit for the operation of the District. Zone 2 is comprised of all industrial, commercial and institutional pro,{ects throughout the City. It has been determined that one acre of land in industrial, commercial and institutional areas derives the same benefit as two assessment units in Zone 1, The estimated total cost for Lighting Maintenance District No. 1 is shown below: 1. S.C.E. Maintenance and Enerav Cost: No. of Lamps Lamps Annex New Lamp Lamb Size* YTD No. 44 Total 58UUL 448 12 460 9500E 520 0 52G 16,000E 16 0 16 22,000E 4 0 4 27,500E 11 0 11 *Nigh Pressure Sodium Vapor Total Total Annual Lamp Stze Lamps Rate Mo's Ma1nt. Cost 5800E 460 X E 8.93 X 12 = E 49,293,60 9500E 520 X 510,16 X 12 63,398.40 16,000E 16 X 512.08 X 12 2,319.36 22,000E ". X 513 84 X 12 = 664.32 27,500 17 X 515.31 X 12 3,123.24 Total Annual Maint. Cost 5118,798.92 2. Total Rssessment Units; YTD Assess Units before this annexation 16,889 Asses smEnt Units this annex per page 4 = 66 Total Assessment Units 16,955 3~-/ 3. Cost per Assessment Unit: Total Annual Maintenance Cost = 5118 798.92 57.00/year/unit No. n Units rn strict -1"6i45r Assessment shall apply to each lot or Darcet as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 1", Annexation No. 44. These diagrams are hereby incorporated within the text of this report. SECTION 8. Assessment Improvements for the DTstrict are found to be of general benefit to all units within the District and that assessment shall 6e equal for each unit. Nhen units are based on acreage, assessment will be 2 units Der net acre. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. Cfty Council adopts Resolution of Intention to annex a District and sets public hearing data. 3. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5, Every year in June, the City Council conducts a public hearing and approves, or mod iftes and approves the indivfdual assessments. 3~~ EXHIBIT "A" Properties and improvements to he included within Annexation No. 44 to Street Lighting Maintenance District 1: Assess. No. of Lamps to be Annexed Pruj CIL M~f'Za C U~ SOT~OL-35~DL LSUTAL ZL. WUL C%. SUUC Zone 1 TR 13476 --- 31 3 --- --- --- --- TR 12902 --- 29 9 --- --- --- --- 66 12 --- --- --- --- Zone 2 3 ~ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.1 ANrEXATION NO. 44 FDDTHIIL BOULEVARD ~~~ CITY OF RANCHO CUCA1[ON(3A t`'~ ' ~~ COUNTY OF 8AN BERNARDINO s /_:,y~ ~.( s STATE OF CALIFORNIA - N N~ G > Im ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATIION NO. 4 ~ ~. 1. J •~NOMO ~- --' ...._ ~ V 'I I ~_ ~I II r-r ~ RLNRINOER ~ ` GARGLE I ~_~ ? 1 -~ r ,~~ II I m ~:J I _~ ~ ~nJ n I 1'-- N r- ~ I J ~_ 27 I ml°I~ ti S I _f ....~ ~ { •~ r . ~ ~~ : 1 /Jr~ =I J R[1[1dAC.. 20 If TI I i tY --'fMfiMp le i Ir 1° ~ ~ - ryi' s R[[fM[[ „ayf~ `'- rtre[ wn Cy~~- IS Q 12 i r, I~ 17 i ' _ _ i ~' b ~_ - -r -roan arv o y R 9 10 II I ~ ~- ,~ 7 I l raalNlY CMIr ~ • I I ~~ N.ri ~ I ; ~- ~' ~ ~ 7 Z I ~ ly I(/ / S _ / ~ ~ 1 +.+r. JRWL fn[n ,v~~.`~ CrrY OF RANCHO CUCAI[ONGA Sri ~ ~. COUNTY OF BAN BERNARDIIdO ~ i `1~" 3 STATE OF CALIFORNIA ~ T ar 6 ,~v ~- RESOLUTION N0. ~~-~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION h0. 28 TO STREET LIGHTING M4INTENANCE DISTRICT N0. 2 AND RCCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 13476 AND 12902 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-212 to order the therein described work in connection with Annexation No. 28 to Street Lighting Maintenance District No. 2, which Resolution of Intention No. 88-272 was duly and legally published in the time, form and manner as required by law, shown by the Rffidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and NHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement^, was duly and legally posted in the time, form, manner, location, and number as required by law, as appears fran the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to alt persons awning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 88-272, according to the names and addresses of such owners as i .-j v~ u.-i v ~~ tv t~~ Y ~ u~ Y G~ n V I •IIC t. I ly of Rancho Cucamonga, which-said copies-were ~du ly mailed in the time, form, and manner as required by law, as aDPears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the ,jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired ,jurisdiction to order the proposed work. SECTION 1; It is hereby resolved by the City Council of the City of Rancho Cucamonga at the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of iniNnr inn nn AA_7 ii ne rinnn anri min<. ann SECTION 2: The Re Dort filed by the Engineer is hereby finally approved; as-nl~- SECTION 3; The assessments and method of assessment in the Engineer's~eport-are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said trot s ave been occupied. 3~~ CITY OE RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annezat ion No. 28 'or Tracts 13476 and 12902 SECTION 1. Authority for Report This report is in canpliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highwa s Code, State of Caiifornia (Landscaping and Lighting Act of 1972. SECTION 2. General Description This City Council has elected to annex all now developments into Street Lighting Maintenance District Mo. 2. The City CouncTi has determined that the street lights to be maintained will have an effect upon all lots within said developments as well as on the lots directly abutting the street lights. Nork to he provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local streets as shover, on the Lighting District Altos Map whtth is on file with the City Engineer. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be assessed on a per unit basis. SECTION 3. Plans and SDeciffcations The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to Lhe sub,lect tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement O!! the iMividual devEiooment is haraNy made a parr of chis report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. J SECTION 4. Estimated Costs No costs will oe incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. Street Lighting Maintenance District No. 2 is comprised of street i fight improvements on incai streets for residential improvements (single family only) throughout the City. Each dwelling unit in this zone will be assessed as one assessment unit for the operation of the District. The estimated total cost for Lighting Maintenance District No. 2 is shown below: 1. S.C.E. Maintenance and Enerav Cost: No. of Lamps Lamps gnnex New Lamp Lamp Size+ YTD No. 28 Total 5800E 1,314 31 1,345 9500E 4 ___ q *High Pressure Sodium Vapor Total Total Annual Lamp Size Lamps Rate Mo's Mai nt. Cost S BOOL 1,345 X f 8.93 X 12 = E144,130. 20 9500E 4 X 510,16 X 12 =~ 487.68 Total Annual Maint. Cost = (144,617.88 2. Total Assessment Units: YTD Assess Units before this annexation 4,934 Assessment Units this annex per page 4 = 66 Total Assessment Units 5,000 3. Cost per Assessment Unit: Total Annual Maintenance Cost E144 617.88 = f28.92/year/unit No. o Un is in str ct ~- Assessment shall apply to each lot ar parcel as explained in Section 6. 3a~ SECTION 5. Assessment Diagran Copies of the proposed assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2^, gnnexat ion No, 28. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment iaa~ruvemenis for the District are found to be of general oenefit to all units within the Of strict and Lhat assessment shall be equal for each unit. When units are based on acreage, assessment will be 2 units per net acre. SECTION 7. Order of Events 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 3, City Council conducts public hearing, considers all testimony and determines to forma District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 3a~ EXHIBIT "A" Properties and improvements to be included within Annexation No. 28 to Street Lighting Maintenance District 2: Assess. No. of lmn s to be Annexed D°Oj.Ct Acreage V~- WL vvL i VL [~ L C/~3U TR 13416 --- 37 18 --- --- --- --- TR 12902 --- 29 13 --- --- --- --- 66 31 --- .__ ___ ___ 33~ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. Z ANNEXATION NO. Z 8 ~~.M CITY OF RANCHO CUCA1iONOA ' ~`~ '~ COUNTY OF 8AN BSBNARDII~10 n . ,_,,,~ ~: ~s BTAT& OF CALIFORNIA A T H~> ~ J 1'V / ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT N0.2 ANNEXATION NO. 2 B ~~ T ' ^ ~-r 1 REMIIgOEq PIgC[l ' I ~__. a. 11 1 - _L ~rf ~ 2t r ~~ ., I T' ~ ti 'T ~ `I-~~. , I 2s . I I mi I 27 21 \ { .,;:~~ T ~ I ~ RM1d•E R. 21 20 19 - 1 I I r~ 1 - . /~4y 16 . i) i 1~ I ~-~ 1- a~ ~ ~`i • RGf f4Y ~~C ~ - I ,' n wn IS -~ II IS I _ ,-i ~. --L =._...... h ~ f - T _ rewn a.. 2f ~ , 9 10 II I ~ ~1 I ~ I I, ~reRRelf<rM <eellf '~ I L ,~.~je ~ i ~ ~ r~ ~~~µ~ I~ ~ 1 j 2 1 ~ ~,- V ' ~ •~~ ~~ ~mili-E Y fnfn S.~-~~ CITY OF RANCHO CUCA1[ONGA ,_; • ~ ~ COUNTY OF HAN BBRNARDIIQO ~ ~~ ~~ ~; "~'~ s HTATS OF CALII~ORNIA _ N a 6 3 Im - -CITY OF RANCHp C['CA~IONGA STAFF REPURT DATE: June 1, 1988 TO: Mayor and Members of the City Council FRCM: Robert A. Rizzo, Assistant City Manager BY: Jerry B. Fuiwood, Resource Center Coordinatar SUB.IECT: Annual Assessment and the Enoineer's Reports for Street ilahtinq Maintenance Districts Nos. 1. 2. 3. 4. 5 and 6. It is recommended that City Council hold the public hearing, and if appropriate, approve the attached resolution establishing the assessment rates and approving the Engineer's Reports for Street Lighting Maintenance Districts ":os. 1, 2, 3, 4, 5 and 6. Pursuant to the Landscape and Lighting Act of 1972, each year the City Council must approve an Annual Engineer's Report which reviews the status of each district and projects expenditures and revenues to es±ablish the rate of assessment for each district for the next fiscal year. During fiscal year 1987/88 the rate Tor apartments within Street Lighting Maintenance Districts Nos. 1, 2, and 4 were set at half the assessment rate. Only District 4 (Terra \~ista) was formed with the language in the Engineer's Report that provided for half rate. The Engineer's Report for Street Lighting Maintenance District No. 4 provides for amending the aOGiGui iatB 'aeitl0% aid aii dlSti iCtS Wiii be 855&556d 8 fiili rAte nei dwelling unit. The following is a summary of 1986/87, 1987/88 and proposed 1988/89 assessment rates for the lighting districts. 33 3 CITY COUNCIL STAFF REPORT SLD-1, 2, 3,4,SAND6 June 1, 1988 Page 2 L.D. No. 1 (Arterial) $7.52 $7.52 $7.52 L.D. No. 2 (Local) 32.23 25.00 23.00 L.D. No. 3 (Victoria) 48.03 35.00 27.00 L.D. No. 4 (Terra Vista) 32.21 25.00 22.00 L.D. No. 5 (Caryn) -0- 38.50 35.00 L.D. No. 6 (Industrial) -0- -0- 25.00 The rate increase in District No. 1 is necessary due to a high delinquency rate and increase in a number of street lights. This district should become more financially stable with the exclusion of half assessments for multi-family units. Respectfully submitted, ~. ~ ~ Robert A. Rizzo Assistant City Manager RAR:JBF:sgr Attachments: Resolution Engineer's Reports 33~ RESOLUTION NO. ~ ~ " ~ 7 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEW AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5 AND 6 FOR THE FISCAL YEAR 1988/89 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5 AND 6. WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-278 to order the therein described work in connection with Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, and 6 which Resolution of Intention No. 88-278 was duly and legally published in the time, form and manner as required by law, shown by the affidavit of Publication of said Resolution of Intention on file in the office of the City CIerY.; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now rcrl nric,iin4inn 1n nrrlcr /hc nrnnnenrl wnr4 SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the levy and collection of assessments within Street Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5 and 6 for the fiscal year 1988/89, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 88-278, be done and made; and SECTION 2: Be it further resolved that the report filed by the Enyineer is hereby finally approved; and SECTION 3: Be it finally resolved that the assessments for fiscal year 1988/89 and method of assessment in the Engineer's Report are hereby approved. 33s CITY GF AANCHO CUCAMONGA MEMORANDUM DATE: June 1, 1988 T0: City Council FROM: Beverly A. Auth el et City Clerk SUBJECT: Exhibits to the Engineer's Report for Street Lighting Maintenance Districts 3 ~~ "i Because of the large number of exhibits (approximately 100) included with the Engineer's Report, they were not copied and made a part of the ggenda packet. ANNUAL ENGINEER'S REPORT STREET LIGH'T'ING MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) -1- FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Arterial Streeta ANNUAL ENGINEER'S REPORT Fiscal Year 1988189 The annual report for Street Lighting Maintenance District No. 1 (Arterial Streetsl is prepared in compliance with the requirement of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of Califor- nia (Landscaping and Lighting Act of 1972). This report deals with the projected costs for fiscal year 1587/88 and the projected expenditures for fiscal year 1988/89 to determine annual assessments. The assessments will be used to furnish services and materials for the ordinary and usual maintenance, operation, servicing and restoration of street light improvements as provided by Southern California Edison Company. Maintenance is considered of general benefit to all areas in the District and costs shall be divided as indicated in the body of this report. Detailed maintenance activities include the repair, removal ar replace- ment of all or any part of any improvement providing for illumination of ihn ciih innt oro~ Street lights were constructed and installed by the developers for the individual subdivisions. The plans and street lights are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. ~3g FISCAL YEAR 1987{88 REVIEW PROJECTED ACTUAL COSTS 87/88 AS OF PRQIECTED @~jQ 04/30/88 6/30;88 Assessment Admin. $1,479 31;952 $31,952 Payroll 2,716 -0- -0- Fringe Benefits 951 -0- -0- Maint./Operatinns 580 130 200 Capital Expend. 20,000 -0- -0- Electric Utilities 35.000 23.053 27.663 60,726 55,135 59,815 During fiscal year 1987/88 the following tracts and lights were annexed into Street Lighting Maintenance District No. 1: ANNEXATION N0.21: Tract No. 13118 102 S.F. ANNEXATION N0.22: Tract No. 13052 221 S. F. 2!9500 1/2200 ANNEXATION N0.23: Tract No. 11997 19 S. F. Tract 12835 132 T.H. Tract 10246 15 S.E. DR 86-12 114 Apts. 5/5800 4/9500 4/9500 3/9500 ANNEXATION N0.24 Tract 4244 Tract 1829 Tract 3221 APN 207-235-1 APN 207-235-2 APN 207-235-19 APN 207-235-20 APN 207-235-21 APN 207-234-9 APN 207-234-10 APN 207-234-11 2 33 i ANNEXATION N0.25: Tract 12577 16 S.F. 2/9500 Tract 13342 72 S.F. 6/5800 6/9500 2/22000 ANNEXATION N0.26: Tract 10349 57 S.F. ANNEXATION N0.27: MDR 87-05 2 Assmt. Units P.M. 10037 35 Assmt. Units DR 86-19 16 Assmt. Units ANNEXATION NO. 28 P.M. 8901 1 Assmt. Unit 1 /16000 CUP 85-26 1 Assmt. Unit 1/9500 P.M. 9409 1 Assmt. Unit DR 86-38 15 Assmt. Units 3/9500 DR 86-26 103 Assmt. Units P.M.9504 11 Assmt. Units 10/16000 ANNEXATION NO. 29: Tract 12914 78 S. F. 3/9500 ANNEXATION NO. 30: P.M. 10696 79 Assmt. Units 2!9500 DR 87-02 19 Assmt. Units D AA 1nAAA 7S Acem1 I Inifc 7/OSnn 1/27500 DR 85-52 37.5 Assmt. Units DR 85-48 54.5 Assmt . Units 2/9500 Tract 12671-1 31 S.F. 2/9500 Tract 12671-2 42 S.F. Tract 12671-3 28 S. F. 1/9500 Tract 12671-4 34 S. F. 1!9500 Tract 12650-3 50 S. F. ANNEXATION N0.31: DR 87-01 13 Assmt . Units 2/9500 ANNEXATION N0.32: Tract 13542-1 96 S.F. 7/9500 Tract 13475 29 S.F. 2/9500 Tract 13353 15 Condos. 2/9500 Tract 10414 17 S.F. P.M. 10084 5.2 Assmt. Units 3 3 ~~ ANNEXATION N0.33: Tract 12873 304 S.F. Tract 13279 13 S. F. Tract 13443 148 S. F. DR 87-22 25 Assmt. Units DR 86-42 18 Assmt. Units 1/9500 1/27500 CUP 85-37 2 Assmt. Units ANNEXATION N0.34: Tract 13444 176 S.F. DR 85-06 248 Assmt. Units DR 86-39 2 Assmt. Units ANNEXATION N0.35: Tract 13440 114 S.F. Tract 13441 115 S.F. Tract 13442 153 S.F. Tract 13445 215 S.F. P.M. 10617 34 Assmt. Units DR 87-21 12 Assmt. Units 2/9500 DR 87-15 3 Assmt. Units DR 87-09 35 Assmt. Units 6/9500 1/22000 nnm~ovnTinni nin oa• no aznc ~ e~~,.,~ i i..a CUP 87-07 2 Assmt. Units ANNEXATION N0.37: Tract 13275 P.M.11236 ANNEXATION N0.38: DR 87-43 DR 87-24 290 Candos. 5 Assmt. Units 4 Assmt. Units 38 Assmt. Units ANNEXATION N0.39: Tract 13557 Tract 13562 Trac! 13559 DR 67-3i 30 S.F. 63 S.F. 74 S.F. 15 Assmt. Units 4 7~ PRD.I BUDGET 84/85 85/86 86/87 137/88 88/89 Assmt Admin. -0- 1,235 4,059 31,952 48,720 MainVOper. 2,885 2,902 50 200 -0- Electric 21,518 25,449 25,974 27,663 42,000 Cap. Expenditures _~ _0_ _0_ _0_ 20.000 24,403 29,586 30,083 59,815 110.720 PROJECTtwD REVENUE An error in assessment rate for multi-family units for fiscal year 1987/88 (.5 assessment) was found. The error is now corrected and back charging the multi-family units for 1887/88 is being considered. This would provide an additional $14,000. After review of current and projected 1988189 expenditures it has been determined that the assessment for Street Lighting Maintenance District #1 will remain at $7.52 per assessment unit. 9096 Single Family @ 7.52. $88,401.92 5845 Multi-Family (~ 7.52 - 43,954.40 o~ ~ p~.~~ /.p iC f1A _ FOO Al . v _-_ 112, 885.73 The projected carryover funds ($20,000) will be used to fund the district until currant assessments are received. STREET LIGOTQiG 1IAINTENANCE OISfEiCT N0.1 AKerIJ Strcefa oam, Iw Ip. - Y,~~n, Pig 5 ~7 ANNUAL ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT N0.2 (LOCAL STREETS) ^ FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CPI'Y ENGINEER STREET LIGHTING MAINTENANCE DISTRICT NO. 2 Local Streets ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The annual report for Street Lighting Maintenance District No. 2 (Local Streets) is oreoared in comoliance with the recuirement of Article 4. Chapter 1, Division 5 of the Streets and Highways Code, State of Califor- nia (Landscaping and Lighting Act of 1972). This report deals with the projected costs for fiscal year 1987/88 and the projected expenditures for fiscal year 1988/69 to determine annual assessments. The assessment will be used to furnish services and materials for the ordinary and usual maintenance, operation, servicing and restoration of street light improvements as provided by Southern California Edison Company. Maintenance is considered of general benefit to all areas in the District and casts shall be divided as indicated in the body of this report. Detailed maintenance activities include the repair, removal or replace- ment of all or any part of any improvement providing for illumination of /6n cul+innf vma Street lights were constructed and installed by the developers for the in- dividual subdivisions. The plans and street lights are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. FISCAL YEAR 1997/98 REVIEW PROJECTED ACTUAL COSTS 87!88 J~ AS OF 04/30/88 PRr1tECTEL~ 6/30/68 Assessment Admin. $2,219 10,060 10,060 Maint./Operations 870 3,172 3,172 Electric Utilities 43.500 x,§.528 24.793 46,589 29,760 38,025 ' 3y~ During fiscal year 1967/88 the following developments and lights were annexed into Street Lighting Maintenance District No. 2: ANNEXATION NO. 16: Tract 13118 102 S.F. 41 /5800 ANNEXATION N0.7: Tract 11997 19 S.F. 1 1 /5800 Tract 10246 15 S.F. 9/5800 ANNEXATION NQ 18 Tract 1829 8 S.F. 4/5800 Tract 3221 9 S.F. 4/5800 Tract 4244 64 S.F. 4/5800 APN 207-331-01 1/5800 APN 207-331-02 APN 207-331-19 APN 201-335-20 APN 201-335-21 APN 207-234-09 APN 207-234-10 APN 207-234-11 1/5800 ANNEXATION NO. 19: Tract 12577 16 S.F. ANNEXATION NO. 20: Tract 10349 57 S. F. 33/5800 ANNEXATION N0.21: Tract 12650 350 S.F. 21 /5800 ANNEXATION N0.22: Tract 12914 78 S.F. 4/9500 ANNEXATION N0.23: Tractt 3542-1 96 S.F. 38/5800 Tract 13475 29 S.F. 1 3/5800 Tract 10414 17 S. F. 10/5800 ANNEXATION NO. 24: Tract 12873 304 S.F. 46/5800 entNEveT!ON NO. 25: Trac'c 13275 Zan Gendcs. 3!5ann 2 3 S~ 84/85 85/86 $61_81 PROJ 87/s8 BUDGET 88/89 Assmt Admin. -0- 997 5,749 10,060 14,604 MainUOper. -0- 923 3,819 3,172 -0- Electric -0- 32,364 24,769 24,793 53,680 Cap. Expenditures -0- -0- -0- -0- -0- Delineuency -0- _0_ =0- _0- 10.629 -0- 34,284 34,337 38,025 78,913 FISCAL YEAR 1988189 PROJECTED EXPENDITURES Assessment Admin. $14,604 Electric Utilities 53,680 Delinquency (14°k) 10.629 78,913 After review of current expenditures, projected revenue and possible carryover funds ($50,000) it has been determined that the assessment for c•..,..• ; :,.~..;.... •.~~..•o..~....o n:~•.:..• ni.. ~ ,.°., do i..,.,<.a.+ r.,,.., xos nn •.. $23.00 for fiscal year 1988/89. 4026 (3431 Single Family) x $23.00 = $78,913 The carryover funds will be used to support this district until assess- ments are received during January. 3 ~ / /~ STREET LIGHTING MAINTENANCE DISTRICT N0. 2 Local Streets oouare i no ~-- -~ ' I '- Assessmeni Rate SO 5D np 7.0 Tu. ieor D 3A/85 85/86 86j 87 87/88 88/89 ANNUAL ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT N0.3 (VICTORIA PLANNED COMMiJNITY) FISCAL YEAR 1988/89 CPPY OF RANCHO CUCAMONGA SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER STREET LIGHTING MAINTENANCE DISTRICT NO. 3 Victoria Planned Community ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 Thw annual report for Street Lighting Maintenance District No. 3 (Victoria Planned Community} is prepared in compliance with the requirement of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). This report deals with the projected costs for fiscal year 1987/88 and the projected expenditures for fiscal year 1988/89 to determine annual assessments. The assessments will be used to furnish services and materials for 4he ordinary and usual maintenance, operation, servicing and restoration of street light improvements as provided by Southern California Edison Company. Maintenance is considered to be of general benefit to all areas within the district and costs shall be divided as indicated in the body of this report. Detailed maintenance activities include the repair, removal or replace- ...~s ~s III n. nn ~ ~^.{ ~{ n ~ n.n..omoM nmoirlinn Snr it L,min B/inn n4 the subject area. Street lights were constructed and installed by the developers for the in- dividual subdivisions. The plans and street lights are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. 1 ~J 7 FISCAL YEAR 1987/88 REVIEW PRO.lECTED ACTUAL COSTS 87/88 AS OF 04/30/88 PROJC-CTED 6/30/88 Assessment Admin. 1,938 8,532 8,532 Maint./Operations 760 30 30 Electric Utilities 38.000 21.452 32.718 40,698 30,014 41,280 During fiscal year 1987/88 the foll owing projects within the Victoria Planned Community were annexed into Street Lighting Maintenance District No. 3: ANNEXATION N0.4: Tract 13052 221 S.F. 55/5800 ANNEXATION NO. S: CUP 85-26 1 Assmt. Unit ANNEXATION N0.6: Tract 13279 13 S. F. 73/5800 78!9500 T-..... +n. •n uo e c nnie onn ANNEXATION N0.7: Tract 13440 114 S.F. 31 /5800 Tract 13441 115 S.F. 28/580p Tract 13442 153 S,F. 48/5800 Tract 13444 179 S.F. 23/5800 Tract 13445 215 S.F. 58/5800 This district experienced no rmal and routine expenditures for the current fiscal year. 2 ~~ 84/85 85/86 8s/a7 PRQI 87/88 BUDGET 88/89 Assmt Admin. -0- 1,446 3,694 8,532 11,760 MainUOper. -0- 821 -0- 30 -0- Electric -0- 42,763 31,935 32,718 46,000 Cap. Expenditures -0- -0- -0- -0- -0- -0- 45,030 35,629 41,280 60,698 FISCAL YEAR 1988/89 PROJECTED EXPENDITURES Assessment Admin. 11,760 Electric Utilities 46,000 Delinquency (4~0) ~$ 60,698 After review of expenditures, projected carryover ($38,000) and projected revenue and expenditures for fiscal year 1988/89 it has been determined that assessments can be lowered from $35.00 to $27.00 per assessment ..:. 2940/units X $27.00 = 79,380 Number of lights to be maintained: 375/5800 8/9500 The projected carryover funds will be used to support 4his district until assessment receipts are received during January. 3 3si STREET LIGHTING b1AINTENANCE DISTRICT NG. 3 Victoria Planned Community o,ue.f iaa 80 °A 24 - bfevmenl Re(e ~SV u ~~ YA/95 85/86 86/8) e]/LB P9/89 iax Teat ANNUAL ENGINEER'S REPORT I STREET LIGHTING MAINTENANCE DISTRICT N0.4 (TERRA VISTA PLANNED COIVIMUNITS~ FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA I SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER STREET LIGHTING MAINTENANCE DISTRICT NO. 4 Terra Vista Planned Community ANNUAL ENGINEER'S REPORT Fiscal Year 1988189 The annual report for Street lighting Maintenance District No. 4 (Terra Vista Planned Community) is prepared in compliance with the require- ments of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Ac[ of 1972). This report deals with the projected costs for fiscal year 1987/88 and the projected expenditures for fiscal year 1988/89 to determine annual assessments. The assessments will be used to furnish services and materials for the ordinary and usual maintenance, operations, servicing and restoration of street light improvements as provided by Southern California Edison Company. Maintenance is considered of general benefit to all areas in the District and costs shall be divided as indicated in the body of this report. Detailed maintenance activities include the repair, removal or replace- mcnf of all nr env Hart of env imnrnvnrrlnnt nrmririin~ fnr it l,lmina}inn of the subject area. Street lights were constructed and installed by the developers for the in- dividual subdivisions. The plans and street lights are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. 1 57 FISCAL YEAR 1987188 REVIEW PROJECTED ACTUAL COSTS 87!88 ~,Q AS OF C4/30/8 PROJC-CTED 8 6/30/88 Assessment Admin. 1 ,020 4,780 4,780 Maint./Operations 400 475 475 Electric Utilities 20.000 10.398 15.596 21,420 15,653 20,851 Street Lighting Maintenance District No. 4 experienced normal and routine expenditures during the current fiscal year. During fiscal year 1987/88 the following projects were annexed to this district: ANNEXATION N0.6: P.M. 9504 - 0 - 3/5800 4/16000 ANNEXATION N0.7: Tract 12671-i 31 S.F. 26/5800 Tract 12671.2 42 S.F. r-...,. . nc~. n no C r Tract 12671.4 34 S.F. FISCAL YEAR 1988/89 In order to bring Street Lighting Maintenance District No. 4 into conformance with all other Lighting Districts, Section 6 of the original Engineer`s Report for formation will be amended as follows: LAND USE ASSESSMENT UNITS Single Family Residential dwelling 1 unit Multi-Family Residential dwelling 1 unit 2 SS Number of lights to be maintained: 171/5800 24/9500 1 /22000 1 /27500 PROJ BUDGET MainUOper. 280 296 36 475 - 0 - Electric 15,057 22,522 11,759 15,596 30,000 Assmt Admin. _0_ 711 3.103 ¢,,780 7.440 15,337 23,529 14,698 20,851 37,440 PROJECTED EXPENDITURES Assessment Admin. $7,440 Electric Utilities 30,000 Delinquency (4Me) _93S 38,386 After review of current expenditures, projected carryover ($40,OOD), .. t..~ .~ ~a:~.. ...1 „v if tiac hcnn rlnturminorf fhAf ThR j.i vjv..e I'. r.~.. .... ~.. .... .-. -,.. assessment rate for Street Lighting Maintenance District No. 4 can be lowered from $25.00 to $22.00 per assessment unit. Projected Revenue: 1341 Single Family x 22.00 $29,502 942 Multi-Family x 22.00 ~ 20,724 The projected carryover will be used to Lund this district until .................nt ,..ceipts are received in January. 3 3 s~ STREET LIGHTING MAINTENANCE DISTRICT N0. 4 Terra Vista Planned Community Doliws - Assessment Rate 6C 40 ?p _~J n 95/86 96!Bx 8~/88 88/89 1nx Yecr i ANNUAL ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT N0.5 (CARYN PLANNED CONLIZUNITY.1 i FISCAL YEAR 1988/89 CPl'Y OF RANCHO CUCAMiONGA I SUBMITTED BY: ASSESSMENT ftEVF.NUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER STREET LIGHTING MAINTENANCE DISTRICT NO. 5 (Caryn Planned Community) ANNUAL ENGINEER'S REPORT Fiscal Year 1968/89 The annual report for Street Lighting Maintenance District No. 5 (Caryn Planned Community/ is prepared in compiianne with the requirement of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). This report deals with the projected costs for fiscal year 1987/88 and the projected expenditures for fiscal year 1988/89 to determine annual assessments. The assessments will be used to furnish services and materials for the ordinary and usual maintenance, operation, servicing and restoration of street light improvements as provided by Southern California Edison Company. Maintenance is considered of general benefit to all areas in the District and costs shall be divided as indicated in the body of this report. Detailed maintenance activities include the repair, removal or replace- ment of all or any part of any improvement providing for illumination of the subject area. Street lights were constructed and installed by the developers for the in- dividual subdivisions. The plans and street lights are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. 1 ~S/ FISCAL YEAR 1987188 REVIEW PROJECTED COSTS 87/88 AS OF PIiO,fEtiTED f~Q, 02/29/88 6!30/88 Assessment Admin. $739 1,896 1,896 Maint./Operations 290 -0- -0- Electric Utilities 14.500 _~ 5.872 15,529 1,896 7,768 During March 1988 the energy charges for this district were turned over to the District. These charges were assumed as of 10/7/87 which ended the one year maintenance period for the first group of lights. Additional lights will be assumed during the next fiscal year as tracts are finalized and the maintenance period ends. During fiscal year 1987/88 the follow- ing projects were annexed into Street Lighting Maintenance District No. 5: ANNEXATION N0.2: Tract 13557 30 D.U. 8/5800 Tract 13562 63 D.U. 13/5800 Tract 13559 74 D.U. 18/5800 FISCAL YEAR 1988/89 PROJECTED EXPENDITURES Assessment Admin. $1,896 Electric Utilities 7,500 Delinquency (5%) _828 1 o,zza Number of lights to be maintained: 35/5800 2 ~p C~ PROJ BUDGET 64/85 85/86 86/87 87/88 88/89 Assmt Admin. -0- -0- -0- 1,896 1,896 MainUOper. -0- -0- -0- -0- - 0 - Electric -0- -0- -0- 5,872 7,500 Cap. Expenditures -0- -0- -0- -0- -0- Delincuency _r~_ _Q _~ __s9:. _~2fl -0- -0- -0- 7,768 10,224 PROJECTED REVENUE 474/units X $35.00 = $16,590 It has been determined that because this district is so new and there is the possibility of more lights being assumed during fiscal year 1988/89, the assessment will remain at $35.00. Projected carryover funds ($5,000) will be used to support this lighting district until assessments are received in January. STREET LIGHTING MAINTENANCE nISTRICT NQ 5 Ceryu Planned Community :ano+ - hnetmenl FWe 6J b - i v_~L ~90~/00 1980 09 ian Yeah 3 ANNUAL ENGINEER'S REPORT STREET LIGHTING MAINTENANCE DISTRICT NO. S (INDUSTRIAIJCOMMERCLhL) I FISCAL YEAR 1988189 CPI'Y OF RANCHO CUCAMONGA SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER STREET LIGNTING MAINTENANCE DISTRICT NO. 6 Commercial/Industrial ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The annual report for Street Lighting Maintenance District No. 6 (Commer- cial/Industrial) is prepared in compliance with the requirement of Article 4, Chapter 1, Division 15, of the Street and Highways Code, State of California (Landscaping and Lighting Act of 1972). This report deals with the projected costs for fiscal year 1987/88 and the projected expenditures for fiscal year 1988/89 to determine annual assessments. The assessments will be used to furnish services and materials for the ordinary and usual maintenance, operation, servicing and restoration of street light improvements as provided by Scuthern California Edison Company. Maintenance is considered to be of general benefit to all areas in the district and costs shall be divided as indicated in the body of this report. Street Lighting Maintenance District No. 8 was established for the Com- mwrrial and/or Industrial orooerties within the City mainly within the Industrial and Foothill Specific Plan areas. Areas included in the work program are the street lights within the rights-of-way er designated easements of streets dedicated to the City and are limited to local streets. The work program excludes maintenance of street lights in rights- of-way of major streets. Detailed maintenance activities include the repair, removal or replacement of all or any part of any improvement providing for the illumination of the subject area. Street lights were constructed and installed by the developers for the individual projects within the district. The plans and street lights ate as stioulated in the conditions of approval for each development and as approved by the Engineering Division. 1 3~~ FISCAL YEAR 1987/88 REVIEW The district was formed during fiscal year 1987/88. No properties were assessed during the current year. The following projects were annexed during fiscal year 1987/88: ANNEXATION NO. 1: MDR 87-OS 1.0 Acres P.M. 10037 17.5 Acres DR 86-19 8.0 Acres ANNEXATION N0.2: DR 86-38 7.6 Acres DR 86-26 51.6 Acres 23/5800 ANNEXATION N0.3: P.M. 10696 39.3 Acres 1 /9500 DR 87-02 9.6 Acres 2/5800 P.M. 10444 12.7 Acres 1/9500 DR 85-52 18.4 Acres 3/5800 DR 85.48 27.4 Acres 4/5800 ANNEXATION N0.4: DR 87-Ot 16.0 Acres ANNEXATION NU. 5: P.M. 10884 2.6 Acres ANNEXATION N0.6: DR 87-22 19.1 Acres DR 86-42 15.3 Acres 6/5800 CUP 85-37 .8 Acre ANNEXATION N0.7: DR 86-39 1.0 Acre 1/5800 ANNEXATION NO. B: P.M. 10617 16.9 Acres DR 87-21 16.9 Acres DR 87-15 1.6 Acres DR 87.09 17.4 Acres ANNEXATION N0.9: DR 87-OS .7 Acre CUP 87-07 1.4 Acres 2 3~~ ANNEXATION NO. 10: P.M. 11236 3.0 Acres ANNEXATION NO. 11: DR 87-24 18.8 Acres ANNEXATION NO. 12: DR 87-31 9.5 Acres FISCAL YEAR 1988189 PROJECTED EXPENDITURES Assessment Admin. $2,012 Electric Utilities 9,000 11 ,012 PROJECTED REVENUE 503/Units X $25.00 - 12,575 Number of lights to be maintained: 77/fiAnO 2/9500 The rate of development and acceptance of street lighting within Street Lighting Maintenance District No. 6 will determine the actual expenditures of energy charges. It has been determined that an assessment rate of $25.00 per assessment unit will provide sufficient funds for fiscal year 1988/89. 3 3~s -CITY OF RANCHO CIiCA:NONGA STAFF REPORT DATE: June 1, 1588 TO: Mayor and Members of the City Council FROM: Robert A. Rizzo, Assistan! City Manager 8Y: Jerry B. Fulwood, Resource Center Coordinator ~r SUBJECT: Pnnual Assessments and the Engineer's Reports for Landscaoe Maintenance Districts Nos. 1. 2. 3. 4. 5 and 6. It is recommended that City Council hold the public hearing, and if appropriate, approve the attached resolution establishing the assessment rates and approving the Engineer's Reports for Landscape Maintenance Districts Nos. 1, 2, 3, 4, 5 and 6. Pursuant to the Landscape and Lighting Act of 1972, each year the City Council must approve an Annual Engineer's Report which reviews the status of each district and projects expenditures and revenues ±o establish the rate of assessment for each district for the next fiscal year. One area of change is within Landscape Maintenance District No. 4 (Terra Vista). Policy approved by City Council on May 18, 1988 provides for the inclusion of commercial/professional property for assessment, annexation of vacant land and removal of credit for multi-family and condominium projects. The following is a summary of 1986/87, 1987/88 and proposed 1988/89 assessment rates for the landscape districts. 01 ~o t.o CITY COUNCIL STAFF REPORT LMD-1, 2, 3,4,5AND8 June 1, 1988 Page 2 86/87 87/88 ,~.Q1&9 L.M. Dist. No. 1 (General City) $28.00 $25.50 $25.00 L.M. Dist. No. 2 (Victoria) 223.77 195.00 195.00 L.M. Dist. No. 3 (A -Hyssop) 258.75 258.75 258.75 (B -Medians) -0- -0- 45.00 L.M. Dist. No. 4 (Terra Vista) 128.34 105.00 123.43 S.F." L.M. Dist. No. 5 (Tot Lot) 113.41 111.00 105.00 L.M. Dist. No. 6 (Caryn) -0- 195.00 195.00 'Sufficient carryover funds available to reduce the actual assessment rate to $105.00/$92.79. Respectfully submitted, Robert A. Rizzo Assistant City Manager RAR:JBF:sgr Attachments: Resolution Engineer's Reports ~b / RESOLUTION NO. ~ G ~,3 7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEW AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1.2, 3, 4, 5 AND 6 FOR THE FISCAL YEAR 1988/89 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5 AND 6. WHEREAS, the City Council of the City of Rancho Cucamonga did on the 4th day of May, 1988, adopt its Resolution of Intention No. 88-276 to order the therein described work in connection with Landscape Maintenance Districts Nos. 1, 2, 3, 4, 5, and 6 which Resolution of Intention No. 88-276 was duly and legally published in the time, form and manner as required by law, shown by the affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, said Ciiy Council having duly received and considered evidence, ora! and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now n.l IMin fn nrrlcr /hc nrnnnmri Wnr4 SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the levy and collection of assessments within Landscape Maintenance Districts Nos. 1, 2, 3, 4, 5 and 6 for the fiscal year 1988/89, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 88-276, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it finally resolved that the assessments for fiscal year 1988/89 and method of assessment in the Engineer's Report are hereby approved. ' l l - ~~8 CITY OF RANCfIO CUCAMONGA MEMORANDUM DATE: June 1, 1988 TD: City Council FROM: Beverly A. Au thel et City Clerk SUBJECT: Exhibits to the Engineer's Report for Landscape Maintenance Districts Because of the large number of exhibits (approximately iddj included with the Engineer's ReDOrt, they were not copf ed and made a part of the Agenda packet. __.. .. ,...~ ~.~..~...... .. ~ _,... _ ~ _~ __..~~. .. ....... .. .. ~... .. __r, _ ~ _~.....~ .....r_, r. _....~ ~.... my office a call. Thank you. ./ ANNUAL ENGINEER'S REPORT I LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITE ~~_.~- FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA ~~ SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: RUSSELL MAGUIRE, CP1'Y ENGINEER ~: LANDSCAPE MAINTENANCE DISTRICT NO. 1 (General City) ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The 1986/89 annual report for Landscape Maintenance District No. 1 (General City) is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscape and Lighting Act of 1972). This report provides information outlining actual maintenance costs far 1987/88 and projected costs for fiscal year 1988/89. The prejected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials for the maintenance, operation, servicing and restoration of parkways within this district. The maintenance of Landscape Maintenance District No. 1 is considered of general benefit to all areas in the district and the cost shall be divided as indicated in this report. Detailed maintenance activities include the repair, removal or replace- ment of all nr anv Hart of anv imnrnvement nrnvidinn fnr }he life. nrnwth. health and beauty of the landscaping, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Parkway improvements within Landscape Maintenance District No. 1 were constructed by the developers of the individual subdivisions. The plans and parkways are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. FISCAL YEAR 1987/88 REVIEW GENERAL CITY Maintenance during the current fiscal year has been normal except for foss of trees during the wind storm. Funds were available to replace the damaged or lost trees in the Maintenance and Operations account. To provide specific funds for the repair ar reolacement of trees and other landscaping due to a disaster type situation a Contingency account has been established with $1,000 being transferred into the account. Each year additional funds will be added to insure sufficient funds for trees, etc. due to storms. 87/88 ~Q AS OF 04/30/88 PROJECTED 6/30/88 Assessment Admin. $5,289 $21,536 $21,536 Payroll 5,695 2,224 2,224 Fringe Benefits -0- 2,848 2,848 Maint./Operations 18,964 1,876 10,000 Vehicle Maint. 898 -0- -0- Contract Services 31,014 19,088 20,809 n.,..:.,,: c.........+:......,. ..r~.,.~ ..r,.~.,....-..... _ cn nnn ~~ -~_ _n_ _ ~~ nnn _ _~- Water 26,000 15,065 19,000 Electric Utilities 3,500 2,765 3,100 Irrig. Restoration 6,028 232 1,000 Entry Monuments 170.000 -0- 170,000 Contingency (Trees) 1.000 -0- _0" $318,388 $65,634 $275,517 During the current fiscal year the following tracts (diagrams attached) were annexed to Landscape Maintenance District No. 1: .:nnexatior. 33 Tracf 13118 142 S.F. Annexation 34 Tract 11997 19 S.F. Tract 12835 132 T.H. Tract 10246 15 S.F. 2 ~ ~a DR 86-12 114 Apts. Annexation 35 Tract 11342 72 S. F. Tract 12577 16 S. F. Annexation 36 Tract 10349 57 S. F. Annexation 37 Tract 12640-3 50 S. F. Tract 11549-1 27 S.F. Annexation 38 Tract 13542-1 96 S.F. Tract 13475 29 S. F. Tract 13353 15 Condos. Tract 10414 17 S.F. Annexation 39 (No Developments Annexed -Only parkways) Annexation 40 Tract 12873 304 S.F. Annexation 41 DR 85-06 248 Apts. Annexation 42 Tract 13275 290 Condos. FISCAL YEAR 1968/89 GENERAL CITY One area of concern with landscaped areas is water consumption. It is imperative that efforts be made to conserve water due to a possible water shortage but al^,o to maintain the lowest possiblo water charges. The use of water sensor devices is still being tested, however, it appears to be a good investment. Monies will be budgeted for 1988/89 to implement a program for the installation of sensors in parkways within Landscape Maintenance District No. 1. We are depending on Public Works to keep us pCefed nn Thu eJr~ece ~f fhe p!pgram. A.^.4ttler ^.ew arrn{!nl yyilf b9 established to budget funds for tree maintenance. The City Maintenance Section will begin during fiscal year 1988/89 to provide a complete tree maintenance program. Trees will be inventoried, monitored, and pruned to provide healthy trees, not just trees that are pruned every few years. 3 ~~3 GENERAL CITY LANpSCAPE 1 PROJ BUDGET 84/85 85/86 86/87 .8IL8-8- Assmt Admin. -0- 3333 15,723 21,536 33,700 Maint~Ope~. 277n 281? 763 10;000 2.000 Vehicle Maint. -0- -0- 41 -0- 6,466 Contract Serv. 21,490 25,552 33,673 31,000 39,392 Cap. Expenditures -0- -0- -0~ 14,000 20,000 Water 3,351 4,453 16,864 19,000 35,000 Electric 2,888 3,173 2,665 3,100 5,000 Tree Main./Ctr Main. -0- -0- -0- -0- 16,425 Contingency -0- -0- -0- -0- 4,000 brig Rest. 331 331 214 -0- -0- Payroll -0- -0- -0- 2,224 -0- Fringe Benefits -0- -0- -0- 2,848 -0- Delinquencies _0_ _0_ _~ _o_ 12.01)0 30,830 39,654 69,963 103,708 173,983 Projected Revenue - 1988/89 It is estimated that there will be 7379 assessment units within this district during 1988/89. After review of expenditures, assessment receipts, possible carryover funds ($113,000) and projected costs, the assessment rate for Fiscal Year 1988/89 can be lowered by .50 to $25.00/unit. Remaining funds from 1987/88 budget i tem "Entry Monuments" will be carried over to 1988/89 for completion of the project. 4589 Single Family x 25.00 = $114,725.00 5763 Multi-Family x 12.50 - 72,037.50 1987/88 Carryover Funds 11.000.00 $29o,7a2,5n Assessment receipts are not realized until after December 10. The estimated carryover tund will be used to fund the district until January and to cover the current 6% delinquency rate. 4 ~~y Landscape N,aint,enance District No. 1 General City Dona, - Assessment Rale 60 a0 <G Taz wear U 83/8a 84;95 85/96 86/87 87/d8 88/89 ANNUAL ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT N©. 2 (VICTORLI PLANNED COMMUNITY) FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA auniviiiiED iiY: ASSESSiviaivT nnVEivua AiiaviPiv loinnTivly APPROVED: RUSSELL MAGUIRF., CITY ENGINEER LANDSCAPE MAINTENANCE DISTRICT NO. 2 (Victoria Planned Community) ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The annual report for Landscape Maintenance District No. 2 is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). This report deals with the actual maintenance costs for fiscal year 1987/88 and the projected maintenance costs for fiscal year 1988/89. These projected costs are used to determine the assessment rate neces- sary to provide the highest quality of landscaping at the lowest possible assessment. Assessments are used to furnish services and materials for the ordinary and usual maintenance, operation, servicing and restoration of parkways and park improvements. Maintenance of this district is considered of general benefit to all areas within the district and costs shall be divided as indicated in this report. flnloilcrl mo_inf_unonnc anfi~iilinc innl„r1n fhc rcn~ir rgmnv~I nr ronlarc_ ment of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimming, rubbish, debris and other solid waste, the main- tenance, repair and graffiti removal from walls immediately adjacent to She cultivated areas. Park and parkway improvements within Landscape Maintenance District No. 2 were constructed by the developers of the individual subdivisions. The plans and parkways are as stipulated in the conditions of approval for warh davwlnnmwnt and ac anprpywri by thw Fnginggring l]iyisinn. x.'7'7 FISCAL YEAR 1987/88 REVIEW A major reconstruction project on Victoria Park Lane was undertaken during fiscal year 1967/88. To fund this project monies from the City Beautification Fund were loaned to the District to be paid back over the next five years. Water sensors were installed in Windrows Park and the district has realized a considerable savings in water. General parkway maintenance throughout the district was routine with no major expen- ditures tc date. A contingency account was established to provide funds for replacement of trees lost due to major storms or other disasters. This year $1,000 was transferred into the contingency account and additional funds will be added during 1988!89 87/88 ~ RS OF 04/30/88 PROJECTED 6/30/88 Assessment Admin. $16,796 $9,064 $9,064 Payroll 27,414 8,663 8,663 Fringe Benefits -0- 4,797 4,797 Maint./Operations 69,594 7,916 20,000 ,t O,,, V,p ,,, „ „vv • • , , Services Contract 108,850 59,406 96,248 Water 75,000 38,141 54,632 Electric, Utilities 7,000 1,647 3,124 brig. Restoration 15,854 -0- -0- Park Maintenance 50,500 6,976 15,000 Renovation (Vic. Pk. Ln.) 470,000' 792,470 810,000 Tree Removal 20,000 3,017 20,000 Contingency (Trees) 1.000 _ 865,479 933,685 1,044,328 dd { I roan n ~ fL'nd f` "tlf. ri~n 'A one W~.,.,...0 ed om Bea.. ca During fiscal year 1987188 parcel originally assessed as vacant land were developed. The tracts and number of units are as follows: ~~ Tract 13279 13 S. F. Tract 13443 148 S. F. Tract 13444 173 S. F. Tract 13440 114 S. F. Tract 13441 115 S. F. Tract 13442 153 S. F. ~~~ 3 FISCAL YEAR 1988/88 The projected expenditures for fiscal year 1988/89 provide for continued maintenance of parkways and parks. The only capital expenditures proposed are for a storage building in the park, mow strips and tot lot retaining wall. The district cannot handle any more debt, therefore loans Lail; nct be a.^. acceptable form of financing napital jmpravQment oroiectS. New accounts to be established include tree maintenance, additional funds for tree replacements (due to storms) and the first year repayment of funds loaned to the district for Victoria Park Lane renovation. LANDSCAPE 2 PROJ BUDGET 84/85 85/86 86/87 97_[b-fl _8.8L$8 Assmt P.dmin. -0- 11,994 28,098 9,064 11,888 MainUOper. 2,619 6,478 6,932 20,000 32,000 Vehicle Maint. -0- -0- 3,991 2,800 10,604 Contract Serv. 1,250 5,230 111,083 96,248 150,000 Cap. Expenditures -0- -0- 10,152 -0- 25,000 ? ' cow o, c e c cn ago f nc nnn Elactric -0 -0- 1,840 3,124 13,000 Park Maint. -0- -0- -0- 15,000 150,000 Tree Main./Ctr Main. -0- -0- -0- -0- 10,000 Contingency -0- -0- -0- -0- 9,000 Loan Repayment -0- -0- -0- -0- 92,000 Delinquencies -0- -0- -0- -0- 19,853 Payroll -0- 10,204 28,259 8,563 -0- Fringe Benefits -0- -0- -0- -0- -0- Irrig. Restoration -0- -0- 3,416 -0- -0- Vic. Pk Lane -0- -0- -0- 810,000 -0- Traa fiamoval =~ -0- -0- 20.000 -n- 5,496 35,533 225,416 1,039,531 628,345 ~~v Projected Revenue - 1988/89 It is estimated there will be 2925 assessment units and approximately 821 acres to be assessed as vacant land. After review of expenditures, assessment receipts, possible carry over funds ($200,000) and projected costs, the assessment rate for Fiscal Year 1988;89 will remain at $195.00/unit. 2925 X $19S a $570,375 821 (47 parcels) acres X 48.75 m 40,023 Assessment receipts are not received until attar December 10. The estimated carryover funds will be used to fund the district maintenance until January and to cover 4% delinquency rate. Landscape Maintenance District No. 2 b'ictoria Manned Community x~ a,s n o r-- -~ rc zsc z;a .sc inn, ~._.----1 -'-' +u,'85 85/BF_._a8/fl7 87/88 F78/89 5 ANNUAL ENGINEER'S REPORT I LANDSCAPE MAINTENANCE DISTRICT N0.3 (HYSSOPAND INDUSTRIAL/COMMERCIAL) FISCAL YEAR 1988/89 CITY OF RANCHO CUCAN*.ONGA crrgMi~-rED BY: ASSESS3:EA'T REVENUE ADitiTiv'i.~'TIL1TIfiN APPROVED: RUSSELL MAGUIRE, CITY ENGINEER LANDSCAPE MAINTENANCE DISTRICT NO. 3 ZONE A -HYSSOP ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The 1988/89 annual report for Landscape Maintenance District No. 3 - Zone A (Hyssop) is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscape and Lighting Act of 1972). This report provides information outlining actual maintenance costs for Zone A (Hyssop) for 1987/88 and projected costs for fiscal year 1988/89. The projected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials for the maintenance, operation, servicing and restoration of parkways and median islands within this district. The maintenance of Landscape Maintenance District No. 3 (A) is considered of general benefit to all parcels within Zone A and the costs shall be divided as indicated in this report. Detailed maintenance activities include the repair, removal or replace- ment of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Parkway improvements within Landscape Maintenance District No. 3 (A) were constructed by the developers of the individual projects. The plans for parkways and median islands improvements are as stipulated in the rnnditipnc of apprQyal fnr wash dwyalnpmwnf and as 3ppf4ywrl by thw Engineering Division. ~~3 1 FISCAL YEAR 1987/88 REVIEW The maintenance in Zone A has been normal and routine. This portion of Landscape Maintenance District No. 3 remains constant with eight parcels. No changes are anticipated. 87/88 ;~SaQ AS OF 04/30/88 PRQIECTED 6/30/88 Assessment Admin. $276 $32 $32 Payroll 380 -0- -0- Maint./Operations 1,302 30 30 Vehicle Maintenance 60 -0- -0- Contract Services 830 993 1,491 Water 1,055 509 1 ,004 Electric 69 210 75 Irrig. Restoration 1.620 _0_ _0- 5,592 1,774 2,632 ~~~ 2 FISCAL YEAR 1988!89 The Hyssop portion (Zone A) of Landscape Maintenance District No . 3 is a small area of eight (8) parcels that contin ues as originally formed. There is no change anticipated. PRO.: k3JDGET 84/85 135/86 96/87 1~~1.$-@ ~L$8 Assmt Admin. -0- 47 1,163 32 32 Maint/Oper. -0- 16 -0- 30 50 Vehicle Maint. -0- -0- 14 -0- -0- Gontract Serv. 529 595 638 1,491 900 Water 156 181 1,084 1,000 900 Electric 110 121 67 75 10U Contingency -0- -0- -0- -0- 75 Irrig Rest. 198 2.~ ~ -0_ -0- 993 1,215 2,966 2,628 2,057 After review of expenditures, assessment receipts, projectetl expenditures, the assessment rate for 1988/89 can remain at $258.75 per narrwl 8 x 258.75 - $2,070 IANDSCAPE NAINTENANCE D6TRICT N0. 9 f,A) flTeeop rov. aw ~ ~ -_ ` u..a-n, vr. ~~ L 1 zw . I ro rI Leo I. i o~ L. ee/es nroe'ee~m m~ m/n m, r.,. 3 LANDSCAPE MAINTENANCE DISTRICT NO. 3 ZONE B - COMMERCIAL/INDUSTRIAL ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The 1988/89 annual report for Landscape Maintenance District No. 3 - Zone B (Commercial/Industrial) is prepared in compliance with the requirements of Article 4, Chanter 1, Division 5 of the Streets and High- ways bode, State of California (Landscape and lighting Act of 1972). This report provides information outlining projected costs for fiscal year 1988/89 for Zone B (Commercial/Industrial). The projected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials For the maintenance, operation, servicing and restoration of median islands within this district. The maintenance of landscape Maintenance District No. 3 (B) is considered of general benefit to all parcels within Zone B and the costs shall be divided as indicatetl in this report. f)aTailgd maintwnanrw ar.TiviTiac inrhida tha ranair ramnval nr ronlorn_ ment of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Median island improvements within Landscape Maintenance District No. 3 (B) were constructed by developers and/or City contract. The plans for median islands improvements are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. ~°~Cv 1 FISCAL YEAR 1987/88 REVIEW Zone B was not assessed during fiscal year 1987/88 because there was no area to be maintained. During fiscal year 1987/88 the following projects were annexed to Landscape Maintenance District No. 3 - Zone B (Commercial;lndustrial) Annexation 1 C.U.P. 85-OS 4.5 acres DR 84-49 75.0 acres DR 85-34 2.2 acres DR 85-36 4.9 acres DR 85-39 1.9 acres DR 85-45 7.0 acres DR 86-15 1.0 acre DR 86-16 .9 acre P.M. 5086 1.7 acres P.M. 5157 1.1 acres P.M. 8901 2.5 acres P.M. 9144 14.8 acres P AA 4d00 7 n artrwc P.M. 9498 37.8 acres P.M. 9508 2.3 acres P.M.9670 32.6 acres P.M. 9687 9.2 acres P.M.9896 34.9 acres P.M. 9897 11.1 acres P.M. 9955 14.4 acres P.M.9972 21.9 acres P.M. 10007 16.0 acres P.M. 10223 4.2 acres P.M. 10237 58.8 acres P.M. 10366 4.5 acres Annexation No. 2 DR 86-33 1.0 acre Annexation No. 3 DR 86-22 2.2 acres 2~ Annexation No. a MDR 87-OS 1.1 acre Annexation No. 5 P.M. 10696 39.4 acres DR 87-02 9.5 acres P.M.10444 12.7 acres DR 85-52 18.8 acres DR 85-48 18.4 acres Annexation No. 6 DR 87-Ot 6.5 acres Annexation No. 7 DR 86-21 2.6 acres Annexation No. 8 DR 86-14 1.0 acre DR 86-36 40.7 acres Annexation No. 9 DR 86-42 15.2 acres Annexation No. 10 DR 87-22 19.1 acres C.U.P. 85-37 1.0 acre Annexation No. i 1 DR 86-39 1.0 acre e...,a..~,~..., ni.. i~ or,~ ~na~~ ~aoo~.o~ Dfl 87-21 6.3 acres DR 87-15 1.6 acres DR 87-09 17.4 acres MUR 86-24 9.5 acres Annexation No. 13 DR 87-05 1.0 acre C.U.P 87-07 1.3 acres Annexation No. 14 P.M. 11236 3.0 acres Annwratinn Ian. 15 DR R7-2d 1A_fJ gr_.rwc Annexation No. 16 DR 87-31 7.3 acres ~~~ 3 FISCAL YEAR 1986/89 All parcels within Zone 8 will be assessed on a net acre basis for the maintenance of landscaped median islands on Haven Avenue from 4th Street to Deer Creek Channel, Foothill Boulevard and 4th Street from west to east City limits, Milliken Avenue and Rochester Avenue from 4th to Foothill Boulevard, 6th Street from Haven Avenue to Rochester Avenue and other median islands on major divided highways within the industrial Specific Plan Area and Foothill Boulevard overlay area. For fiscal year 1988!89 the median island on Haven Avenue will be maintained from 4th Street to Deer Creek Channel. PROJECTED 1988/89 EXPENDITURES Zone B (Haven Median - 4th to Deer Creek) Assessment Administration 488 Maint./Operations 4,151 Vehicle Maint. 2,208 Contract Services 15,276 Wofnr 9F0 Electric Utilities 100 Contingency (Trees) 2,000 25,173 After review of the projected costs for fiscal year 1988/89 it was determined that the assessment rate for Zone B will be $45.00 per acres. This will provide enough funds for existing median landscaping and possible additional expenses. 608.3 acres X $45.00 - $27,374 ~~9 4 ANNUAL ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT N0.4 (TERRA VISTA PLANNED COMMUNITY) I ... • . _._ FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA ~~ SUBMITTED BY: ASSESSMENT REVENUE ADMINIS'T'RATION APPROVED: RUSSELL MAGUIRE, CITY ENGINEER LANDSCAPE MAINTENANCE DISTRICT NO. 4 (Terra Vista Planned Community) ANNUAL ENGINEER'S REPORT Fiscal Year 1988/89 The 1988/89 annual report for Landscape Maintenance District No. 4 (Terra Vista) is prepared in compliance with the requirements of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscape and Lighting Act of 1972). This report provides information outlining actual maintenance costs for 1987/88 and projected costs for fiscal year 1988/89. The projected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials for the maintenance, operation, servicing and restoration of parkways and parks within this district. The maintenance of Landscape Maintenance District No. 4 is considered of general benefit to al! areas in the district and tha cost shall be divided as indicated in this report. Detailed maintenance activities include the repair, removal or replace- ment of all or any part of any improvement, providing for the life, growth, health and beauty of the landscaping, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Park and parkway improvements within Landscape Maintenance District No. 4 were constructed by the developers of the individual subdivisions. The plans and parkways are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. ~/l 1 FISCAL YEAR 1987/88 REVIEW Maintenance during the current fiscal year has continued to be normal except for the loss of trees during the major wind storm. Funds were available to replace the lost trees and in and effort to provide sufficient funds for loss of trees due to storms a contingency fund has been es- tablished. Funds in the amount of $1,000 was transferred into the contin- gency account this year. Each year additional monies will be budgeted to this account to insure sufficient funds in cases of major storms or disasters. During the current fiscal year the following tracts were annexed to Landscape Maintenance District No. 4: Annexation No. 6 Annexation No. 7 P.M. 9504 - 0 - Tract 12671-1 31 S.F. Tract 12671-2 42 S.F. Tract 12671-3 28 S.F. Tract 12671-4 34 S.F. ~ 9~ 2 FISCAL YEAR 1988/89 The main area of increase for fiscal year 1968/89 will be the increase in park maintenance. Capital expenditures within the parks for storage buildings, planters, and mow strips will also be budgeted. The contingen- cy account for tree replacement due to storms or disasters will be added to in an attempt to establish sufficient funds if needed. PROJ BUDGET 84/85 85/86 86/87 87/88 88/89 Assmt Admin. -0- 4,162 13,827 4,780 7,440 MainUOper. 280 310 2,589 15,100 7,000 Vehicle Maint. -0- -0- 992 1,300 8,797 Contract Serv. 1,842 3,108 12,084 27,037 45,000 Cap. Expenditures -0- -0- -0- -0- 33,779 Water -0- 1,057 4,342 10,200 40,000 Electric -0- 37 138 360 1,000 Tree Main.lGtr Main. -0- -0- -0- -0- 10,000 Contingency -0- -0- -0- -0- 5,750 Payroll -0- -0- 6,918 2,849 2,849 Fringe Benefits -0- -0- -0- -0- -0- Park Maint. _0_ _0_ =2 1o.a7s 100.000 2,122 8,821 44,041 75,502 261,614 The following changes applicable to this Landscape Maintenance District were approved by City Council on May 18, 1988. o Commercial Property is now included within the Assessment District. o Vacant Land will be annexed into the District. o Special credits to apartments or condominiums with or without a Homeowners Association will not be allowed. ~9~ 3 ASSESSMENT BENEFIT MATRUf PROJ PARK- BUDGET j~Q~ PARKS WAYS Single Family 124.43 125.58 165525.80 13 41 14147.55 1341 93916.40 1341 57461 .85 Multi-Family 102.01 109.35 96088.91 942 x$„14 TOTALS $261614.71 $24085.65 Median Maintenance Cost $24,085.65 Parks Maintenance Cost 159,884.66 Parkways Maintenance Cost 77.644.40 TOTAL 261, 614.71 BENEFIT UNITS Single Family 1341 units 1,341 benefit units Multi-Family 942 units ~ 471 benefit units 942 benefit units 942 65968.26 471 182.55 $159884.66 $77644.40 COST APPLICABILITY Med./Parks/Parkways Parks Medians/Parks ,SINGLE FAMILY Benefit Assessment $123.43 x 1341 Benefit units - $165,519.63 Credits -0- -0- Carry Over _(1$~q~ x 1341 24.714.63 Nst Benefit $105.00 x 1341 140,805.00 y11_II TI.-FA.MI.I V Benefit Assessment $102.01 x 942 Benefit units = $ 96,093.42 Credits -0- -0- Carry Over X9.22) x 942 8.685.24 Net Benefit 92.79 x 942 87,408.18 4~ LANDSCAPE 31AINTNENACE DISTRICT N~. Terra Vista Planned Community uO~C I9 [50 2G0 150 100 so Sirgle Fomily Multi-Family Tar year AS/S6 B6iS7 8%/88 89i 89 ANNUAL ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 5 (TOT LOT) ~~; '' ' i' ~'~:: ~~q ~, .'~c~ :y ~,~ ~~ : ~ / FISCAL YEAR 1988/89 CITY OF RANCHO CUCAMONGA ~~ SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED; RUSSELL MAGUIRE, CP1'Y ENGINEER LANl1SCAPE MAINTENANCE DISTRICT NO. 5 (Tot Lot) ANNUAL ENGINEER'S REPORT Fisaal Year 1988/89 The 1988/89 annual report for Landscape Maintenance District No. 5 (Tot Lot) is prepared in compliance with the requirements of Article 4, Chapter 1. Division 5 of the Streets and Hichwavs Code. State of California (Landscape and Lighting Act of 1972. This report provides information outlining actual maintenance costs for 1987/88 and projected costs for fiscal year 1988/89. The projected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials for the maintenance, operation, servicing and restoration of parkways and the tot lot within this district. The maintenance of Landscape Main- tenance District No. 5 is considered of general benefit to all areas in the district and the cost shall be divided as indicated in this report. Detailed maintenance activities include the repair, removal or replace- ment of all or any part of any improvement, providing for the life, growth, ho~nh onrl hnv nfu n_f 1hn to nr_icroninn 4rim minn cnravinn 4crfilivinn nr treating for disease or injury; the rremoval of trimmings, Jrubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Parkway and tot lot improvements within Landscape Maintenance District No. 5 were constructed by the developers of the individual subdivision. The plans and parkways are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. FISCAL YEAR 1987188 REVIEW At the beginning of the current fiscal year a reevaluation of the exact areas to be maintained was done. Along with the tot lot a small portion of the perimeter landscaping was to be maintained by this district. The dollars expended over the original budgeted amount for 1987/88 is due to this redesignation of area. Maintenance of the areas was normal and there are no changes expected. 1 ~y~ 87/88 J~aQ AS OF 04/30/88 PRQ1C-CTED 6!30/88 Assessment Admin. $297 $176 $176 Maint./Operations 116 30 50 Contract Services 1,384 1,984 2,380 Water 75 219 181 Electric Utilities 25 136 87 Irrig. Restoration 1,375 -0- -0- General Maint. 1.588 -4:_ ~_ 4,860 2,545 2,874 There were no annexations to this district during the current fiscal. The district was established with the 44 units within the tract and there are no plans to expand the district. FISCAL YEAR 1988/89 The main area of change in the projected costs for this district will be for contract services. The increase is due to the addition of a portion of the perimeter landscaping. Anew account will also be established to fund c }n Ho ca.l inr 16n onrl mvain}enn nrn nr }rnee in an aNOmn} Tn provide healthier and nicer trees. PROJ 6UDGET 84/85 85/86 $fil-~Z flZl$.~ ~@/$8 Assmt Admin. -0- 112 708 176 176 MainUOper. 74 90 -0- 50 100 Vehicle Maint. -0- -0- -0- -0- 10 Contract Serv. -0- -0- 3230 2380 2424 Water -0- -0- -0- 181 941 Electric _n_ _n_ _n_ n7 1 nn Tree Main./Ctr Main. ~. ~_ -0• ~: 49-Q 74 202 3938 2874 4151 /d" Projected Revenue - 1988/89 This district will continue to contain the original 44 units. After review of expenditures, assessment receipts, possible carryover ($12,000) and projected costs, the assessment rate for Fiscal Year 1988/89 will be lowered by $6.00 to $105.00. 44 X $145.40 = $4,fi2Q Assessment receipts are not received until after December 10. The estimated carryover funds will be used to fund the district maintenance until January. LANDSCAPE MAINTENANCE DISTRICT N0. 5 Tot Lot c:n~, so^ (~~ l J I Assessment Rafe 250 2C0 ~- 100 5C 3 ~ 85j 35 °@/&' a7; 88 89!9? inv .enr ANNUAL ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT N0.6 (CARYN PLANNED COMMUNITY) ;~, ~ r e ; ti, ~ ~~~' \.l J '~~ lye A: ~. _ 11 00 ...~........ U 4 00 A FISCAL YEAR 1988/89 CPPY OF RANCHO CUCAMONGA ~~ ~~ SUBMITTED BY: ASSESSMENT REVENUE ADMINISTRATION APPROVED: _ RUSSELL MAGUIRE, CPPY ENGINEER LANDSCAPE MAINTENANCE DISTRICT NO. 6 (Caryn Plannod Community) ANNUAL ENGINEER'S REPORT Fiscal Year 1888/89 The 1988/89 annual report for Landscape Maintenance District No. 6 (Caryn Planned Communitvl is prepared in compliance with the require- ments of Article 4, Chapter 1, Division 5 of the Streets and Highways Code, State of California (Landscape and Lighting Act of 1972). This report provides information outlining actual maintenance costs for 1987/88 and projected costs for fiscal year 1988/89. The projected costs are used to establish the necessary assessment rate to provide the highest quality landscaping while maintaining or lowering assessments. Specifically, assessments will be used to furnish services and materials for the maintenance, operation, servicing and restoration of parkways within this district. The maintenance of Landscape Maintenance District No. 6 is considered of general benefit to all areas in the district and the cost shall be divided as indicated in this report. Detailed maintenance activities include the repair, removal or replace- nn/ n_f all nr onv Hart of onv imnrnvmm~nf nrnviAinn fnr fhu life nrnwfh health and beauty of the landscaping, trimming, spraying, fertilizing or treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, the maintenance, repair and graffiti removal from walls immediately adjacent to the cultivated areas. Parkway improvements within Landscape Maintenance District No. 6 were constructed by the developers of the individual subdivisions. The plans and parkways are as stipulated in the conditions of approval for each development and as approved by the Engineering Division. 1 -Yd/ FISCAL YEAR 1987/88 REVIEW This landscape district may experience minor expenditures by the end of the current fiscal year. Maintenance of parkways has not been assumed because of major problems with the establishment of the landscaped areas. City staff required many areas to be replanted to insure quality of landscaping and the possibility of expenditures during current year sti~l exists. 87/88 1~Q AS OF 04/30/88 PRQIECTED 6/30/88 Assessment Admin. $3,774 -0- $3,774 Maint./Operations 1,480 -0- 500 Contract Services 50,000 -0- 10,000 Water 20,000 -0- 4,500 Electric Utilities 1,500 -0- 150 General Maint. 1.000 -0_ 200 77,754 -0- 19,124 During the current fiscal year the following tracts were annexed to Landscape Maintenance District No, 6: ANNEXATION N0.2 Tract No. 13557 30 S.F. Tract No. 13559 74 S.F. Tract No. 13562 63 S.F. 2 yon FISCAL YEAR 1988/89 Fiscal year 1988/89 will realize a major increase in maintenance costs due to the large amount of parkways that will be accepted for main- tenance. The acceptance of parkway maintenance was delayed due to problems with plants and materials during the establishment period. Many areas were required to be replanted and reestablished prior to the district assumirg maintQnance. New mounts will be established for tree main- tenance and a contingency account for tree replacement due to storms or disaster type situations. PROJECTED 1988189 EXPENDITURES Assessment Administration $1,896 Maint./Operations 10,800 Vehicle Maint./Operations 1,099 Contract Services 40,000 Water 30,000 Electric Utilities 2,000 Tree Maint./Contract Admin. 1,500 Contingency (Trees} 2,000 5% Delinquency ~@$ o~ aav Projected Revenue - 1988/89 It is estimated there will be 474 assessment units within this district during 1988/89. After review of possible expenditures, assessment receipts, possible carryover ($60,000) and projected costs, the assess- ment rate for Fiscal Year 1988/89 will remain at $195.00. After fiscal year 1988/89 a better analysis of costs can be made. 474 X $195.00 - $92,430 ASSeSSme,^.f receip4S are .^.Ct received Until after Decemb9r 10. The estimated carryover funds will be used to fund the district maintenance until January. 3 ya3 LANDSCAPE !14AINTENANCE DISTRICT N0. 6 Caryn Planned Community oo~brs quo ~- t - sexmment Rate 250 ~ IiI 200 I~ 150 ~ j ~,pp r 50 F 0 L~_~..__,_~-..~ '987/88 19Ab/eB a. Ym- - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 1, 1988 T0: Mayor and Members of the City Council , cow: grad Duller, City Planner eY: Dino Putrino, Assistant Planner SUBJECT: ANNEXATION 88-02 - PULSAR DEVELOPMENT - A request to annex a por on o e n ernar no oun y unincorporated area located north of Highland Avenue, south of Summit Avenue extension, east of the Day Creek utility corridor, and west of the County/City boundary - APN: 225-i61-19, 32, 33, 34, 35, 36 37, 38, 49, 53, 55, and 61. RELATED APPLICATION: Development District Mendment 88-03 I. RECOMMENDATION: It is recommended that the City Council adopt the eso u on o Intent to Mnex and authorize staff to submit application for annexation and a plan of services to LAFC. II. BACKGROUND: At it's meeting of April 27, 1988, the Planning Comm s~~ recommended that the City Council approve Development District Amendment (DDA) 88-03 (Pre-zone) through adoption of the o: u~imn neeuiu ii mi iaee ?fanning i.ommission report acracnea 1. This amendment is a direct correlation to Mnexation 88-01 for the pre-zoning of the subtect property. The attached Resolution of Intent to Mnex and accompanying exhibits is for approximately 51.47 acres of undeveloped property. At this point, the owners of the sub,)ect site approached the City with a proposal to annex the property described in the subtect title of this report to the City of Rancho Cucamonga. The protect site is located within the West Yalley Foothills Communlly Plan area under the County's ,turtsdiction. The site is currently designated under the County's General Plan for residential land use up to 3 dwelling units per acre (plus up to 25 percent density bonus for PUD). The City of Rancho Cucamonga's Ce^cr ai PT an iaiid uie deiigna tivii is c"-4 dwelling Units per acre. The pre-zone amendment Lhat has been filed and is to be reviewed by the City Council on June 1, 1988 is in conformance with Low Density Residential designation. ~J PLANNING CgMISStON STAFF REPORT ANNE%ATION 88-01 June 1, 1988 Page 2 The applicant is requesting that the City Council initiate the annexation proceedings through the approval of the attached Resolution of Intent to Annex. Rcs^ gully s. `«ed, Bra ul r City P1 nner BB:DP:mg Attachments: April 27, 1988 Planning Cosmfssion Staff Reports Exhibit "A" - Justlficatlon for Proposal Plan for Services Property Ownership Authorization yob CITY OF RANCHO CUCAMONGA ~~u.uo,~ STAFF REPORT ~~ '~. ~, `~1= ~~ III ~ A FJ Z GATE: April 27, 1988 ~y~~ I~ T0: Chairman and Members of Lhe Planning Commission V FROM: Brad Buller_ City Planner BY: Dino Putrtno, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT reques o prezone a por on o e n ernardino County unincorporated area (for annexation purposes) to Low Residential (2-4 dwelling units per acre) located north of Highland Avenue, south of Summit Avenue extension, east of Deer Creek utility corridor, and west of the County/City boundary - APN: 225-161-19, 32, 33, 34, 35, 36, 37, 38, 49, 53, 55, and 61. I. PROJECT AND SITE DESCRIPTION: A. Location: North of Highland Avenue, south of Summit Avenue ex~nTn, east of the Deer Creek utility corridor, and west of tha rn„nfv/r{hy Fn~rw A+w. B. Site Area: Protect Site - 31.47 acres (grass) Extended Site - 20_00 acres (gross) Total 51.47 acres (gross) C. Existin Zonin San Bernardino County "Special Development" es en a ogle Family). D. Existing Land Use: Primarily vacant with the exception of one s ng a am y ane. E. Surroundingg Land Use and Zonin Ao~~Pr~mar~ y acan w he Exception of an Existing Lgr wnnn C u ~ . ~a ..- n, _._, _. a.--..~3 e-,,^..j tc, v,a,.,,~~ Pump JtdL10n; San Bernardino County "Special Development" (Residential, Single Family) South - Single Family Homes; Victoria, Low Residential (2-4 dwelling units per acre) East - Vacant; Etlwanda Specific Plan, Yery Low Residential (less than 2 dwelling units per acre) Nest - Vacant; County of San Bernardino "Special Development" (Resuidentia~, Single Family) !~~ ITEM E PLANNING COAMISSIO' 'TAPE REPORT DDA 86-03 (PREZONEt - PULSAR DEV. April 27, 1988 Page 2 F. General Plan Designations: ro ec i~~ow ems dential (2-4 dwelling units per acre) North - Open Space South - Low-Medium Residential (4-8 dwelling units per acre) East - Very Low Residential (1-2 dwelling units per acre) West - Low Residential (2-4 dwelling units per acre) G. Site Characteristics: The subject site is primarily vacant w e excep on o one single family house and Ts located within a 100 year flood basin. The majority of the site is covered by a natural alluvial Scrub vegetation. This vegetatt an is also found in the surrounding foothill areas. In addition, the surrounding adjacent area is also primarily undeveloped with the exception of too single family houses and a Cucamonga County Water District pump station. II. ANALYSIS: Staff has determined that the proposed request for a evU-e pment District Amendment (pre-zone) is consistent with the General Plan, thus, does not require a General Pian Amendment. The purpose of a pre-zone 1s to establish district (zoning) regulations that became effective only upon annexation of property outside the corporate boundaries of the City of Rancho Cucamonga, but within the sphere of influence, a pre-zone of property within one or more districts (zones) may be made in the same manner and subject to the same praedural requirements as prescribed for property within the Citv. Uoon oaccaao of an ~.~~"a~~o estaDiishing the applicable pre-district des lgnatlon for property outside the City, the district map shall be revised to show the potential or "pre-district" classification to became effective upon annexation, and shall identify each district or districts applicable to such property with the label or "PRE-pISTRICT" in addition to such other map designation as may be applicable. In addition to this Development District Amendaent request, the City is also processing a Tentative Tract Map application (TT 13812, see Exhibit "D") for this project site (Planning Camnission review scheduled /n May, 19881. The applicant is proposing a density of 3.5 dwelling units per acre to conjunction with a tract already within the City border and which 1s consistent with the General Plan. Staff has taken the liberty of contacting adjacent property owners to the project site asking if Lhey would like to participate 1n and include their property as part of the requested annexation process. We have received a response from one property owner, The William Lyon Company, authorizing the City to include their property 1n this prezone/annexation process (see attached map indicating location of this property). This property shall be referred to as the ""extended site" and both the project site" and the extended site together shall be referred to as the "super site" for description purposes throughout this report. `~C~~ PLANkI NG COMMISSIO STAFF REPORT ODA 88-03 (PREZONE~ - PULSAR DEV. Apr11 27, 1988 Page 3 The extended site is similar to the Tnitial project site. However, the extended site encompasses the proposed Interstate Highway 30 right-of-way and a dike. This dike was developed to protect the development in the Victoria Planned Community from the "100 year flood" thereby acting as a water diversion mechanism. It is staff's understanding that the dike will be relocated north of the p^^ject site as a condition of the Tentative Tract Map. A. Surroundin Land Use: The area to the north is within San ernar no oun y, composed of the same natural conditions as that of the "super site", and undeveloped with the small exception of an existing Cucananga County Hater District pump station. This area, as well as the area to 4he west, has been master planned with similar type development (density of 3.4) as that which is proposed for the "super site". The area to the west is also within San Bernardino County, composed of the same natural conditions as that of the "super site", and encompasses two single family homes and the Southern California Edison Company corridor. The area to the south is part of the Yictoria Planned Cammmity which is developed with Low Density (2-a dwelling un!ts per acre) single family homes. The undeveloped area to the east is within the CTtv's L~"„~urrea anu incorporates severs! hundred Eucalyptus trees (windrows). This area 1s also a part of the proposed Tentative Tract Map 13812. III. ENYIRONMENTAL ASSESSMENT: Staff has completed the initial Study an rev ewe a nv ronmental Checklist, Par*. II of the Initial Study, and has found no significant adverse environmental impacts to occur as a result of the proposed pre-zoning. It is anticipated that any Issue of vehtcular tmpacts may be successfully mitigate6 at the development project level. IV. FACTS FOR FINDI!GS: Development District Amendment 88-03 will not e e r men -~ the ayacent properties or cause significant adverse environmental impacts. Should the Comaission dete~wine that the amendment would pramte the land use goals ar.C purposes cf ,he uenerai rian, the foiiowing findings must be made for approval: A. That the subject property is suitable for the uses permitted in the proposed dlstrlck in teems of access, size, and compattb111ty with existing land use in the surrounding area; and D. That the proposed dlstrici amendment would not have a significant impact on the environment nor the surrounding properties; and ~/D~ PLANNING COIMISSIC +TAFF REPORT ODA 88-03 (PREZONE~ - PULSAR DEV. April 27, 1988 Page 4 C. That the proposed district amenuaent is Tn conformance with the General Plan. V. CORRESPONDENCE: Th1s item has been advertised as a pu611c hearing n e a ort newspaper, the property posted, and notices senC Ca ai proper y owners within 300 feet of the protect site. YI. RECOMAENDATION: Staff recamaends that the Commission adopt the a c e eso utlon recommending approval of Development District Amendment 88-03 (Pre-tone) to the City Council and issue a Negative Declaration, thereby designating the protect site and the extended site as Low Residential a~eeting the City's Development Code standards. Resp 11y su ted, ~- ra Ciiy P1 ner BB:OP: e Attachments; Exhibit "A" - V1clntty Map txnlDtt "8" - St t! Plan Exhibit "C" - Deveiopment District Amendment Map Resolution of Approval y/v ~~V~ =/ ~s :O e~(F".v ~ M -~ W •~ . a i ~a " " M ~~ .>, .s `~ ~~ _ _ ~ ~ i -- - ~L. `q ====ee a3a~eee=, -_' ~ m .» ~ - , ', ~ ~ ~__-- ~ ~' n 3C 'w' -' _ i " r ___a_i___-~~ ... "oR~rsk ~', ,' ~ VICTQRIA _~ L ETIWANGA' ~...,.r~ ~ .SAO>i i III CODE 97719 ~or+' ~S §§e o.. ud' 1 y hIC+~ vi iM ~.. s ~ " \ .. .r.. ~I ~.~...... vv ~// NORTH CI~ ~~ ITEI[: D 1~ A 38 - 03 RANCHO CUCAMONGA TITL&: I~cw l r-r M aP PLANNING DIVISION g,7IHIBIT, .A„ , ~ , „T~ .~~D.L ® ~~ • ]eK u/L /1 ~ 'DYL ~ .: ~ _~ E - e,YILWt IAL ~,•. © ~} ~~'~ !C YK LSK ~ !wo..-~-,~.f e w!K U i rae e i ~ eK eeeeL ]00' i rr~.f e 6~; 0:4~!-Wd r' ~-a J ~ ~E •: e~ • •!Jr ~.D K .•~ ,. ' ~ ""i iiii J. " ~;.1. 1 r =•~..' 1 ' •' ~•' . NORTH CITY OF ITEI[: ~ ~A ~9 - o~ RANCHO CUCAMONGA TITLE: SITE ~LAI-l PLANNING DIVISION y/~. E]CHIBIT:~_S'~BCALE3 NTS T}~ q / •~ SD° SPEC~a~- LEJE>_OR'IENT ~RESIDEriTW~l ~Jlt-~CILE F~rl~.. "SD~~ claL DEJEL~C'~ENT / S BJET/~ / PROPERTY FROM RES-3 / - TO - ~ LDR / /ww DENSIrr 3 X2/4 DU/A w n•n'~'rJ/ / 3 ~:~.:~ ~a OuE ExIBTING a FESIOENCE a // 7 / / Y ////i FR091 ' SDx J SPEUAI.. DEVEtoP~~ ,- RCSiofxiTWl 5141& FArn ~~~~ -To- Low ?~`51DENTlAI.~>• ~d yz~ o fN >~~ °5 W~ ~ ~.1 W I 1 I 1 I S H4GHLAk4 AVE. 1MM IT pV E. ~~-lAW RESIDENTIAL- y ~_ _~ / xoR DEVELOPMENT DISTRICT AMENDMENT CITY OF ITEM: l»A 88-0~ RANCHO CUCAMONGA TITLE: ~ MEF.iDME~IT . ^AP PLANNING DIVISION ~/~ EJ(HIBIT: ~~~~~ 9CALE:~-s Chairman MCNieI closed the public hearing. Commissioner Emerick moved to approve Tentative Tract 13703 as amended, Commissioner Talstoy seconded the motion. Motion carried by the following vote: AYES: COMMISSIONERS: EMERICK, TOLSTOY, CHITIEA, MCNIEL NOES: COMMISSIONERS: NONE ABSENT: COMM[SSIONERS: BLAKESLEY •:..*.+ --carried E. DISTRICT purposes, to law Residential (2-4 dwelling units per acre), located north of Highland Avenue, south of Summit Avenue extension, east of the Day Creek Utility Corridor, and west of the County/City boundary APN: 225-161-35,36,37,38,49,53,55 an6 61. Dino Putrino, Assistant Planner, presented the staff report. Choi rnwn McNi el opened the public hearing. Mr. Mayne Blanton, representing the property owner, stated they agreed with the staff report. Mrs. Julie Rusdad, 12366 Highland, Etiranda, questioned the future of the private easement for ingress/egress on her property. Mrs. Rusdad objected to the zoning of Low Density (2-4 dwelling units per acre) and believed that a half acre lot is more acceptable. Mr. Doug Lyon, 12477 Ironbark, Etiwanda, questioned why staff is recommending a higher density than the neighboring parcel that is within Cfty boundaries. Brad Buller, City Planner, clarified that the General Plan designates the area to the east of this to be one zone and this area to be another. The ncosasended Development District is consistent with the General Plan land use designation adopted 1n 1981. Mr. Lyon stated that it should be consistent with the adjacent land uses. Brad Buller, City Planner, further explained the area north of Highland has a variety of land use classfficatlons. Planning Comatssion Minutes - 5 - Aprtl 27, 1988 ~Y/y Mr. ,lac ob Bal ti nte, 12354 Highland, stated his objection to the pre:oning of this property. Ralph Hanson, Deputy City Attorney, clarified that if there is an easement in effect right now that development below it will not necessarily take away that easement, it cannot be landlocked. The development might change that access route to a paved surface. Mrs. Rusdad Questioned if the easement would remain private. Chairman Mc Niel clarified that there is no plan right now but if there is a road coming up to service the houses, Mrs. Rusdad will have access to her property. Mr. Mayne Blanton clarified that the applicant will stub in streets. Mrs. Rusdad will have the right to keep their private street or utilize the development's paved streets. Brad Buller, City Planner, stated that for traffic flowing north Mrs. Rusdad has granted an easement across her property for properties to the north of her to cross her land. Nith this proposal, Mr. Blanton is stating that all access to those properties north of her will be given permanent access through his development and therefore should abandon the easement across her property, if she desired, because there would De no further need to use it. Chairman McNtei closed the public hearing. Coawissioner Chi ti ea stated that Low density would be a legitimate concern on the '~SUper` sloe. 6oa1a1SS10ner col ttea tell that since there is open space designated to the north, Low-Medium on the south, and it appears that directly north there are larger acreages, Yery Low would be consistent with what is to the north. Commissioner Emerick agreed that 1-2 dwelling units would be preferrable but then there is no incentive for the developer to come into the City. If he can develop at 3 dwelling units per acre with the County, the City would most likely not be able to cooperatively annex this land into the City. The 3 dwelling units per acre that the developer presently has with the County centers right in between the 2-4 dwelling units per acre. Ca~issioner Emertck stated would advocate 2-4 dwelling units for this project. Comafssioner Tolstoy agreed with tes•issipner F.xrtsk and poin*_ed out that ii is important for the City to be able to control the drainage. If tt is part of the County, this might be disregarded. Commissioner Chi ti ea stated that there could be an equally attractive and desirable project under the other density range and would like to see a lower density for this project. Planning Commission Minutes - 6 - April 27, 1988 y~.~ Chairman MtNfel reopened the public hearing. Mr. Blanton stated that if the Commission denies the density, the developer can go to the County and get the same density. The developer would prefer to do the project within the City and under City jurisdiction. Their current density is 3 1/2 dwelling units per acre now; 8200 square feet lots. The developer has consistently worked with the City and would like to be a part of it. ored 6uiier, City Planner, stated that under the Nest Vaiiey Plan, wnicn the County has adopted for this area, there is still provision there for density bonuses. Developers are consistently requesting some density bonus requests and though this is Residential 3, the developer could go higher under the County. Mr. Andre Rusdad, owner of Parcel 57, questioned if the City was prepared for a higher density since the need for streets, schools, parks, equestrian trails, etc, is increased? Chairman Mc Niel reclosed the public hearing. Coawissioner Tolstoy stated that the advantage for bringing this piece of property into the City, along with the fees associated with it, the controls associated with it, override the change in density and supports bringing it in at the recomaended density. Com>tissioner Tolstoy moved to recom~end to the City Council approval of the Development District Amendment, Cowsissioner Emerick seconded the motion. Motion carried by the following vote: AYES: COMMISSIONERS: TOLSTOY, EMERICK, MCNIEL NOES: COMMISSIONERS: CHITIEA ABSENT: COMMISSIONERS: BLAKESLEV * * * * * * * --carried F, ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 87-OB - - reques es a s a ono c assroom space as a par o an existing church in a leased space of 2,000 square feet within an existing industrial park in the General industrial District (Subarea 4), located at 9038 Archibald - APN; 300-171_4¢, Greg Gage, Assistant Planner, presented the staff report. Chairman McNiei opened the publTC hearing. Mr. Steve Fitch, Senior Pastor for the Church, stated they are in agreement with the conditions of the staff report. Planning Comaission Minutes - 7 - April 27, 1988 y~~ October 22, 1987 Pulsar Development, Inc. !0390 Commerce Center Suite 200 Rancho Cucamonga, California 91730 Attn: Mr. Cyrus Nassiri Dear Mr. Nassiri, As the owner of accessora 1225-161-57 and 55 I hereby grant the Pulsar Uevelopment Company all necessary applications, documents, etc. to ob Cain the tentative map of our property in Rancho Cucamonga in the County of San 8ernadino, Sincerely, ~ ~ i ~/~~~ 7zG~,~r' ~i<ir~. V Leslie Blanchard / // r~ 'i 1l_d~~ ll ®}~7 ~~[ 11R.drll ~iy JANF ViiU Ni~'V Ili ~V \y ~1 ~\V/ IIlI l11\~\\ll JILt1d 111E Jlrl WAYNE D. BLANTON 1297 NORTH TOWNE AVE. • POMONA, CALIFORNIA 91767 • Telephone (714) 623-fi665 October 22, 1987 Pulsar Development, Inc. 10390 Commerce Center Suite 200 Rancho Cucamonga, California 91730 At [n: Mr. Cyrus Naselrl Dear Mr. Naasiri, The Etivanda II partnership hereby grants the Pulsar Development Company to process all necessary applitaiiona, documents, etc. Co obtain a tentative map approval of the Ci[y of Rancho Cucamonga. Our property conalate assessors A225-171-1,9,10, end North 1/2 of 17 ., also assessors 11225-1b1-35, 36,37 and 38 in the City of Ran<ho Cucamonga in the County of Sen Bernadine. ~Siry~Ce~re~ly~ uis, ~ Wav D. Blanton/Partner i WDB/ac enc / /~ nl®. ~I ~-r-r rv~~, v ~'r ;~1r PT-,~ SANFORG NEWTON Y,/ )i- ~ iL fL/fL WAYNE D. BLANTON 1297 NOP,TH TOWNE AVE. POMON A, CAIIrORNIA 9t 767 Telephone (714) 623-6555 Me ...h 1~ 1nAA Pulsar Development, Inc. 10790 Conone rte Center Drive Suite 200 Rancho Cucamonga, California 91730 Attn: Mr. Cyrus Nass iri Dear Mr. Nassiri: I hereby grant tl~e Pulsar Development Company the right to process all necessary applications, documents, etc. as well as annexation into the City of Rancho Cucamonga to obtain a tentative map approval by the Ci[y of Rancho Cucamonga. our property consists of assessors 0225-161-49. S ince ce ly yours, (UCtty Mc Nay) Mary F.. McNa}~ RT1/j lb // ®. April LL, IYStS Pulsar Deve La pme nc, Inc. 10)90 Commerce Center Drive Suite 200 Ranchn Cucamon qa, CA 91770 f\C CO: Dlr. Cyrus Nassiri Dear Dlr. Nvssiri: IJe are eha new owners of dsse ssors R??5-!51-6! ;McKay Child re ^.'s Tns C). 1 hereby Aran[ [he Pulsar 7evelopment Company the right Co process all nocessary applir rations, documents, etc. as well as annexation into the f.i[v of Rancho Curamon ea. Sincerely yours, DL~ry (v'. McKay, 'l rus[e~/7 DIF.:1/j Ib y~o Date: ~' ~ "C.T/ Brad Buller, City Planner City of Panchc Cucani,uga P.O. Box 807 P.ancho Cucamonga, CA 91730 ~~ Dear Mr. Buller: I do hereby fornwily authorize the City of Rancho Cucamonga to proceed with an annexation application for the property owned Dy myself and identified as County Assessor Parcel Number It Ts understood that the action of annexation to the ,y o a cis Cucamonga will not constitute afire-assessment of my property value. Si_ncereiy, ,~/ ~ ~ ~ C, .., ~~ rope ~ i ,' j ~~ ~~/ RESOLUTION N0. ~ ~ - ~ 7 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL AS THE GOVERNING BOGY OF 7HE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMT SSION TO UNDERTAKE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY GENERALLY LOCATED NORTH OF HIGHLAND AVENUE, SOUTH OF SUMMIT AVENUE EXTENSION, EAST OF DEER CREEK UTILITY CORRIDOR, AND NEST Oc ryc COUNTY/CITY 8C11A'DARY - APN; 225-161-19, 32, 33, 34, 35, 36, 37, 38, 44, 53, 55, AND 61, RESOLVED by the City Council of the City of Rancho Cucamonga, that NNEREAS, the above-described properly is located within and consistent with the established Sphere of Influence of the City, and is contiguous to the current city limits; and NNEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and NNEREAS, the annexation of the property will represent a logical extension of the City's boundaries and urban services; and Wwcor ~,C i• ._ t!:~ ~i y'3 •- 'tiJn w y,urlue llle u5Ud1 and necessary urban services to theta area upon annexatfon, as outlined in the Plan of Services; and NNEREAS, the City has determined that the annexation of the property to the city would be beneficial to the public purposed of the City, in that the Property will provide for development, within the district, in a manner consistent with the City's General Plan and with related development; and NNEREAS, The City Council as governing body of the city of Rancho Cucamonga desires to initiate proceedings for a Change of Organization/Annexation, in accordance with Government code Section 56195 for the above described property. NriEREAS; li is de Si roA +~ provide that tlie -yrGposed annexation be subject to the following terms and conditions: 1. The subject property will be regulated in accordance with the low Residential Development Code standards, in addition, to the City of Rancho Cucamonga Municipal Laws and Ordinances. NON, THEREFORE, the City Council as the governing body of y~~.. PLANNING COMMISSION RESOLUTION N0. ANNEXATION 88-01 June 1, 1988 Page 2 the City of Rancho Cucamonga does hereby adopt, approve, resolve, determine, and order as follows: SECTION 1: Application and a proposal is hereby made to the Local Agency Formation Comaission of the County of San Bernardino For Change of Organization/Annexation to the City of Rancho Cucamonga of the herein described property as outlined in the justification form, which is Exhibit 'A' to this resolution, and is by this reference incorporated herein as though fully set forth in accordance to the ter~as and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. SECTION 2: The City clerk is hereby authorized and directed to file a certified coDY of this Resolution with the Executive Officer of the Local Agency Formation Coaaaission of the County of San Bernardino. ,~.- ~~3 PLAN FOR MUNICIPAL SERVICES (Attachment) The purpose of this attachment is to briefly outline the factors of consideration relative to this annexation request and to briefly expand upon the information presented in the Plan for Municipal Services form. t. FACTORS OF CONSIDERATION: A. Maximum Possible Service Area. The area proposed for annexation contains approximately 51.47 acres and is located fully within Rancho Cucamonga's Sphere of Influence. As the following information clearly indicates, the area in question is also clearly within the maximum possible service area of the City of Rancho Cucamonga. The area is adtacent to current City Limits on the north, and represents a logical extension of the City's Jurisdiction. D. Range of Services. The City of Rancho Cucamonga is a general law City and is legally authorized as well as capable of providing the full range of necessary urban services within its boundaries. Currently, a full range of necessary urban services is Drovided within the City Limits by the City and by several independent districts cooperating with the City. The same level of service provided by Lhe City and its cooperating districts is proposed to be provided in the annexation area. C. Protected Future Population Growth. The site is currently designated on the County's Nest Valley Foothills Community Plan as Soecial Development District, The fi ty'e General Plan allows residential densities up to 4 dwelling units per acre. D. Type of Development Planned. The protect site is part of a larger proposed protect known as Tentative Tract 13812. This Tract Map is designed at a density of 3.5 dwelling units per acre. ~~y ANNE%ATIDN 88-O1 Page 2 E. Present and Future Service Needs. Due to the undeveloped nature of the site, current on-site service needs are minimal. They consist primarily of fire and police protection. It should be noted that this level of service will be clearly inadequate upon development and extensive urban services wou1Q be required prior to develooment. The proposed development of this site with 110 units would require sewer and water services, electricity, natural gas, telephone, solid waste disposal, police and fire protection, schools, libraries, parks and recreation, and other services nornwlly associated with urban intensity development. As already noted, the City of Rancho Cucamonga and its cooperating districts are capable of providing a full range of required services. F. Local Agencies Presently Serving the Area. The study area is presently served by the following local agencies: Chino Basin Municipal Mater District; Foothill Fire Protection District; San Bernardino County Sheriff's Department; Southern California Edison Company; Southern California Gas Company; Pacific Bell telephone; San Bernardino County Department of Transportation and Flood Control; Etiwanda Elementary School District; Chaffey Joint Union High School District; County of San Bernardino libraries. As already noted above, the level and range of services currently provided by these local agencies is minimal, and only adequate to meet present limited service needs. G. Social and Economic Interdependence. As already noted, the site is contiguous to the existing City boundaries on the north, and depends for access on existing and planned City circulation network. The site is closely related to the City of Rancho Cucamonga and will depend on the City and its associated districts for the necessary urban services. Residents of the site will also depend on businesses in the City for thetr commercial and economic needs, y~ s ANNIXATIDN 88-O1 Page 3 H. ~ricultural Preserves. No part of the property is located within arty Williamson Act Agricultural Preserves. II. MUNICIPAL SERVICES A. Sewer Service. Due to the undeveloped nature of the s;ra, ~o sewer services are currently being provided. However, the site lies in the ,?urisdiction of Cucamonga County Hater District for sewer collection and the Chino Basin Municipal Water District for waste treatment disposal and reclamation. Upon annexation by the City of Rancho Cucamonga, both Cucamonga County Water DTstri ct and Chino Basin Municipal Mater District will continue to be the service providers for the area. B. Water Services. Water services are not currently being provided due to the undeveloped nature of the site with the exception of one single family home. However, the site is located within the service boundaries of the Cucamonga County Hater District, which will continue to be responsible for the provision of water to the site upon annexation. C. Cable Television. Cable service is no+, currently provided to the area. Upon annexation, cable TV will be provided by private vendors under a City franchise. D. Electricity. Electric service is and will continue to be provided by Southern California Edison upon annexation and development of the site. E. Solid Waste. lne site is currently not being served with the exception of one single family house. Upon annexation, private vendors will provide both collection and disposal services under a franchise by the City of Rancho Cucamonga. ~~'~ ANNIXATION 88-O1 Page 4 F. Streets. Ntth the exception of Route 30 along the southerly boundaries of the site, there are no streets or roads currently serving the area. Upon annexation and development of the site, the developer will be responsible for construction of all public streets in accordance with City approvals. Upon substantial completion of the street improvements, the City will assume responsibility for maintenance and street sweeping. These casts are estimated at 58,808.19 per year. The ongoing cost of street lighting will be absorbed through an annexation to (or formation of) a lighting assessment district. G. Flood Control. Current flood controi protection is provided by the San Bernardino County Flood Control District. Upon annexation, regional flood control issues affecting the site will continue to be controlled by the Flood Control District; local drainage and flood control protection will fall under the ,iurisdiction of the Ctty. N. Community Development. Current planning and code enforcement services are provided 6y San Bernardino County. Upon annexation, the City will assume full responsibility for the services at an estimated annual cost of 5956.86. Leisure Services. No parks and recreation services are currently being provided. Upon annexation and development of the site, the developer will be responsible far paying park fees in accordance with the City approvals. In addition, citywide recreation programs currently run by the City will became available to the new residents of the developed site. Finally, library and museum services, currently provided by San Bernardino county, wilt remain under the County's ,)urisdlction. ~~~ ~ ANNEXATION 88-01 Page 5 J. Police Protection. Police protection is currently provided by the San Bernardino County Sheriff's Rancho Cucamonga Substation. UDon annexation, the County Sheriff will continue to provide police services for the area. K. Fire Protection. The Foothill Fire Protection District currently provides fire and rescue services to the area. Upon annexation, the District will continue to provide the necessary services for the project site. No paramedic services are currently provided or planned. 1. Ambulance Services. Private vendors currently provide ambulance services to the site. Upon annexation, these services will continue to be provided by private vendors. M. M1ma1 Control. Mimal control is currently provided by San Bernardino County. Upon annexation, San Bernardino County viii continue to provide animal control services. N. Schools. The site is located in the Chaffey Joint Union High School District and the Etiwanda Elementary School District. Upon annexation and development, the site will continue to be served by the Ett wands Elementary School District (K-B1 and Chaffey Joint Union High School District. Preliminary discussions with the Etiwanda School District indicate that schools are at or near capacity in the area. Potential new school sites have been identified 1n the immediate nearby area. Consequently, it pill be necessary for this developer to work with the District to help provide school facilities. The School District does have the ability to charge fees in accordance with SB 2926 and 1n addition has a one time special district tax of f1,600 per dwelling unit. y~ ANNIXATION 88-O1 Page 6 III. SUMlARY The site is lceated in the City's Sphere, 1t is tonttguous to the City boundaries on the north, and represents a logical extension of the current City Limits. The City, with assistance of tts rppnnra}ing agencies, ~s authorized and capabta of providing tha full range of necessary urban servtces for the site. The annexation area is uninhabited with the exception of one single family house, and the City's petition for annexation is supported by 100% property owner consent. o'- / EXHIBIT "A" 7ustiflcation for Proposal and Preliminary For LAFCO Use Only Envlronmen tai Description Form TO: Local Agency Formation Commission 115 West FSfth Street, Second Floor San Bernardino, CA 92415-0490 ii:TROD'uCTiO iQ: The questions in this form are designed to obtain enough data about the proposed protect and protect site to aLow the Commission and staff to adequately assess the protect. By taking the time to fully resmnd ro the eneenn~a nov .... ...... ..... a uu may also mciuae any aadltlondl Use additional sheets where necessary. GENERAL INFORMATION I. NAME OF PROPOSAL: Change of organization/annexation to the City of Rnacho Cucamonga 2. APPLICANT: City of Rancho Cucamonga 3. GENERAL LOCATTON• North of rii gh land Avenue, south of Summit Avenue extension, easy of the Oay Creek utiliCy corridor, and west of the County/City boundary 4. Does the appllcatlon possess 100% written consent of each ornnerrv owner ~~ .ho subtect territory? YES ~_ NO _ (If YES, attach written authori zationa.) 5. Indicate the reasons that the proposed action has been requested. Annexation and development thereof per Development Plans would 6e henefi <i al to [he pu6l is purposes of the City and consistent with the City's General Plan and hene icial to t e pu is ea th, safety and genera we are, 6, Would the proposal create a totally or sulsatantially surrounded Island of unincorporated terrltory7 YES NO X [f YES, please 1ustlfy the proposed boundary and attach that )ustfftcation to thin application. , LAND USE AND DEVELOPMENT POTENTIAL 1. 'Total land area: "•'i acres 2. Dwelling units to area: One (i ) 3. Approximate population Sn area: Three (3) 4. Indicate the General Plan designation of the affected city (tf anyl: Low Residential (2 to 4 Dwelling Dni[s Per Acre) LAFC 3 Rev. 12IB5 San Bernardino County General Plan designation: RES -) (up to 3 dwelling units per acre) 5. Describe any spedal land use concerns expressed in the above plans. F, indirare the oNgHn3 t~nA pge, Primarily vacant with ezreptinn of r.ne single family house, Natural alluvial scrub vegetation What fs the proposed land use? Single Family Residential at a density of 3.5 dwelling units per acre 7. Indicate the existing county zoning title and densities permitted. Special Deve lopmen[ District (up to 3 dwelling units per acre) 8. Has the area been pre-zoned? YES x NO N/A _ £f YES, what fa the pre-zoning classification, title, and densities permitted. Low Residential (2 to 4 dwelling units per acre) 9. Will the proposal require public services from any agency Or district which is currently operating at or near capacity (lncluding seweq water, police, fire, or schools)? YES _ NO x If YES, please explain. PLAN FOR SERVICES Section 56653 of the Government Code requires the submission of a Plan for Services wuh every proposal lnftiated by a resolution of a legislative body. Please attach to this appllcation a narrative description of the following: 1. An enumeration and descrSptlon of the seMCea to be extended to the affected territory. -2- :. A description of the level and range cf these seMCes. 3. An indication of when those services can be extended to the study area. 4. An indication of any conditions the local agency will irnpose or require within the study area if the proposal is approved (for example, the pay- ment of fees, the upgrading of strvctures, roads, water and sewer facil- ities, etc.). 5. Information with respect to how the services will 6e financed. NOTE: Sponsors of a proposal Initiated by petition may submit their proposal without a Plan for Services. Commission poky, however, requires the affected city or district to nevertheless oreDare the Plan prior to staff review of the proposal. ENVIRONMENTAL INFORMATION 1. State general description of topography. The proj act site slopes generally from a northwest m southeast direction at an approximate rate of 2 [0 5 percent, is flat, and covered by a natural alluvial scrub vegetation 2. Describe any existing improvements Sn the site as % of total area. Resldentlal 2 % Agricultural 0 Commercial 0 9h Varwnr 98 9n Industrfal 0 % Other D °e 3. Desc^.-lbe the adJacent land uses. North -Primarily vacant wi the exception of an existing Cucamonga County Water District pump station; South - Single family homes; East -Vacant: West -Vacant 4. Describe site alterations that will be produced by improvement protects associated with this proposed action. (grading, flow channelization, etc.) G radi n9 to accomoda[e I10 single family homes and re-channelize ICO year 41 ~~y! fl~~.~ 5. Will service extensions accomplished 6y this proposal induce growth on this site? YES X NO AdJacent sites? YES X NO Unincorporated x Incorporated % -3- 6. Is this project a part of a larger project or series of projects? YES X NO If YES, please explain. The project site is a portion of a proper Tentative Tract map application. The remaining portion of this tract map is located within the Lity boundries. NOTICES Please provide the names and addresses of persona who are to lx; furnished copies of the agenda and staff report and who are to he given mailed notice of hearing. NAME Et iwanda II and Leslie Blanchard ADDRESS 1297 North Towne Avenue, Pomonay Lal ifo rnia 91767 NAME Pulsar Development ADDRESS 10390 Commerce Center Drive, Suite 200, Rancho Cucamonga 91730 NAME Andreasen Engineering Company ADDRESS 580 N. Park Avenue, Pomona, California 91768 CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required tnr this Initial evaluation to the beat of my ablllty, and chat the facts, statements, and information presented herein are true and correct to the best of my knowledge and belief. Date: SSgnature of Applfcant Phone:,714-9891851 9320 Base tine Road Address Rancho Cucamonga, California 91730 Tn hu nn ~1 u°.ed wtth thi7 form. :r' f • E ~ iAi spies .. x:,1..12 i:itu Plat ft5r $efviCes 30 copfea of the map 30 copies of the legal description 2 copfea of the Voter Gocatton Ltst Pre-:onlnq and environmental review documents (if applicable) 2 copfea of the Resolution or Petition of Infifation FSllng Fees _q_ W w ~2 LL IA 2' ~"~ 6 f C 1"~ oL lu a ,.. N O LLl ..1 ~ U L a O Z U U < O p S W p C Z rW 4 2 %' Z S W G LL W ..1 O m a F t~ U xo a ~ ' t Vl O ~ ~ ~ Q M F~ ~ ~ O U A o o O O o F N N u v f ~d. 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N a 6 ~• V eR ~ d V Y P Y . r ~ 0 o O O O O I o 0 0 0 F ,N m c O o 0 ~~ w ~ . . ~ n M ~ ..-~ Y N . T N rn Ol T T O~ tT D• O~ Ol T rn rn rn N R ?~ W C p'1 CO OJ N CO CO W 51 1] O QI m N Y i e rn a+ ~ c rn m a+ o+ o+ rn rn rn rn a+ ~ ~ N W O .v N ~ .q H •--i r-~ •y N .-~ Y % M O L O~ ~ Y C N 6 a/ ++ Y Y Y Y Y Y Y N Y a~ ~ J F N L N N N YI /~ Jl N N N N N _ q y U 41 y ? O p y y J J J p W N 6 J y J J J J J ~ 7 O y J 4 7 C Z 2' d ¢ ¢ 6 ¢ ¢ ¢ ¢ ¢ 6 d _ _ {-n c a Y I Y i0 4 Y W L A n .ci q h Q h h h h h h h « M ` I ~ I I , I I , ~ ~ ~ ~ I1 N L 1 1 I N N 10 ~O /~ NI N N [L v v I 1 ~. N 0 I Y L 1 C. y 1 ~. y 1 W u ~ 3 O y O C b y O O 9 V 9 ~ a 'O aY+ O O 'v 9 O J 6 L O ~ F' O ~ Z O L O L O L O L C L O t N 0. D. a 6 W 2 ~ C O c c c c c E 2 N U U U U ! 1 1 1 1 1 1 I l ~ l l l ~ l i l 1 C u O o w C C V A M ~ G ~ C ro C m ~ u M p ti b M Y U ~ d T. Y Y Y .+ R N Y C o U ^ VI N 0E '1 y N U N O L N m C Y i 0A A .•~ O H M F ~ ~ N = L CO qq Y ~ Op y „ N Y Y W O Y M N n Y Y 4 P U O Y N Y H u 9 O N ~ N 4 V V 2 ••l p y M V F G y' ~ < N G a Q U O C ` i N O 6 •u 1 N 3 F .. ~ L LL A V W N W N d O ; 9 Y 9 C Y N N Y u .` N O O U .q c c V r N m Y 7~J LEGAL DESCRIPTION OF LAND TO BE ANNEXED TO THE CITY OP RANCHO COCAMONGA 8eginninq at the intersection cf the Southerly line of the North 40 feet of the Southwest one quarter of Section 29, Township 1 North, Range 6 West, San Bernardino Base and Meridian, according to the official plat thereof, with the Easterly line of said Southwest one yuarter, thence South- erly along the Easterly line of said Southwest one quarter to the Northerly line of the South one half of the Northeast one quarter of the Southeast one quarter of said Southwest one quarter; thence Westerly along said Northerly line to the Westerly line of the East half of the East half of the said Southwest one quarter; thence Northerly along said Westerly line to the Southerly line of the Northeast one quarter of the Southwest one quarter of the Northeast one quarter of the said Southwest one quarter of Section 29; thence Westerly along said Southerly line to the Easterly line of the West 330 feet of the East one half of the said Southwest one quarter of Section 29; thence Northerly along said last mentioned Easterly line to the first mentioned Southerly line; thence Easterly along said first mentioned Southerly line to the Point of Beginning. -CITY OF RANCHO CtiCAMONGA STAFF REPORT Y DATE: June 1, 1988 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner ~I BY: Larry Henderson, Senior Planner SUBJECT: ANNEXATION 88-02 - T.P. MELCHER PROPERTY - A request to annex approx ma e y acres o an to Sn Bernardino County unincorporated area located at the northwest corner of Etiwanda and the extension of 24th Street - APN: 225- 071-65. I. RECOMMENDATION: It is recommended that the City Council adopt the eso u on o Intent to Annex and authorize staff to submit application for annexation and a plan of services to LAFC. II. BACKGROUND: The attached Resolution of Intent to Annex and accompany~g exhibits is for approximately 96 acres of undeveloped property which is owned by Ooris Day and Frank and Grace De Vol. The site is generally located north of 24th Street, east of the Southern California Edison Company power transmission corridor and west u~ the norcheriy extension or tine existing tctwanaa Avenue right-of-way. Previously, this protect was a part of a planned unit development called Etiwanda Heights. The larger protect was being processed through the County of San Bernardino and comprised a total of 286 acres. The Etiwanda Heights protect had proceeded through the County to the stage of a draft Environmental impact Report being routed for comment to the affected agencies. At this point, the owner of the subtect site approached the City with a proposai to annex their portion of the protect to the City of Rancho Cucamonga subt ect to the preparation and approval of a Development Agreement. A draft Development Agreement has been prepared by the City Attorney and has been agreed to by the applicant as indicated by the attached copy of the letter dated Ma_v 17. 1988 iron T.P. l~shher. Tiie proposed uu"eveiopment Agreement and pre-zone amenament application is scheduled for consideration by the Planning Commission on June 22, 1988. It is anticipated that these same applications would then be considered by the City Council at their meeting on July 20, 1988, The Melcher site is located within the West Valley Foothills Community Plan area under the County's turisdictian. The site is currently designated under the County's General Ptan for residential land use up to 2 dwelling units per acre (plus up to Y~ CITY COUNCIL STAFF REPORT RE: ANNIXATION 88-02 June 1, 1988 Page 2 25% density bonus for PDD1. The City of Rancho Cucamonga's General Plan land use designation is 2-4 dwelling units per acre. An amendment to the City'; General Plan is not proposed and the pre- zone amendment that has been filed is in conformance with a Low Density Residential designation. It is anticipated that an Annexation Agreement, Development Agreement, and pre-zone will be brought to the City Council on July 20, 1988. The applicant is requesting that the City Council initiate the annexation proceedings through the approval of the attached Resolution in order for the City approval processes and LAFCO processes to occur simultaneously. In this way, the approval to annex by LAFCO should occur soon after the City's action on the previously referenced applications. Resp t~ly submi D Bul r City ,ar. r DB:LN:ko nLi.a~i mien ii. ~niii uii. "n - ii~ini iy riap Resolution Declaring Intent to Annex With Attachments y~~ -R ECEtYED- cm of nAr~cnocucMahw ~~~~ ~ t.tar 2s1gE8 ~ 7~~md4~1r`~~~16 A S ~ y. >. May 17, 198b CITY OF RANCHO CUCAMONGA ATTN.' MR, JACK LAM, nlpcrmpp nr rnrgm~iM lmy Do;ro~noMEum 9320 Baseline Road Rancho Cucamonga, CA 91730 SUBJECT: ANNEXATION REQUEST Dear Mr. Gam: I 'nave completed reviewing the draft "Annexation Agreement" and "Development Agreement" which we have been pursuing with you antl your staff recently concerning the 95.7 acres of land whose ownership I represent. Aa we have discussed, we desire to have this property annexetl to the City o4 Rancho Cucamnn ga, per the terms and conditions of these two agreements. Therefore, on behalf of the property owners, I request that you immedl ately begin formal annexation proceedings for this - ---•-ti. ....L" -' aav" ~a ca~~ei irw. i~o-i~ii-oo~. A•ysepaC ate application) to acinitlate a pre-zone fOr thin property is being tiled with the C!ty Planning Department. I look forwacd to this property becoming a part of the City of Rancho Cucamonga. Thank you Eor your courtesy and assistance in this matter. Truly y~ural / ~ _ /~-,. y~~ RESOLUTION N0. ~~ - 3"JS A RESOLUTION OF APPLICATION BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF RANCHO CUCAMONGA, CALI FOP.NIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION AHD REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY GENERALLY LOCATED NORTH OF 24TH STREET, EAST OF THE SOUTHERN CALIFORNIA EOISON DOWER TRANSMISSION CORRIDOR, ANO WEST OF THE NORTHERL'f EXT"eNSiON OF ETIWANOA AVENUE - APN: 225-071-65 RESOLVED by the City Council of the City of Rancho Cucamonga, that WHEREAS, the above-described property is located within and consistent with the established Sphere of Influence of the City, and contiguous to current City limits; and WHEREAS, the territory proposed to be annexed is uninhabited, and a description of the boundaries of the territory is set forth in Exhibit "1" attached hereto and by this reference incorporated herein; and NHEREAS, the annexation of the property will represent a iogical extension of the City's boundaries and urban services; and WHEREAS, it is the City's intention to provide the usual an6 necessary urban services to the area upon annexation, as outlined in the Pian of Services; and NHEREAS, the City has determined that the annexation of the property to the City would be beneficial to the public purposes of the City, in that the Property will provide for development, within the district, in a manner consistent with the City's General Plan and with related development; and WHEREAS, the City Council as governing body of the City of Rancho Cucamonga desires to initiate proceedings for a Change of Organization/Annexation, in accordance with Government Code Section 56195 for the above described property. NOW, THEREFORE, the City Council as the governing body of the City of Rancho Cucamonga does hereby adopt, approve, resolve, determine, and order as follows: SECTi"uN is Appiica ii on and a proposal is hereby made to the Local Agency Forma ion dnmission of the County of San Bernardino for Change of Organization/Annexation to the City of Rancho Cucamonga of the herein n`~- descri6ed property as outlined in the ,tustifttation form, wpich-}rfnch{b{~=,A!! `~ lion, and is by this reference incorporated herein as though fully set forth in accordance to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. y yo CITY COUNCIL RESOLUTION NO. RE: ANNEXATION 88-02 June 1, 1988 Page 2 SECTION 2: The City Clerk is hereby authorized and directed to file a certifie~f this Resolution with the Executive Officer of the Local Agency Formation Comnissian of the County of San Bernardino. '~~ yyr u~ CITY OF \. RANCHO CUCAMONGA PLANNING DIVISION EXHIBIT: ANM~v ~- ~-M E%NI BIT "A" JU ST IFICA710N FOR PROPOSAL ANO PRELIMINARY For LA CO Use 0 ENVIRONn EN TAL DESCRIPTION FORM V'~ i0: LOCAL AG ENty FORMATION COnnIS510N 825 East Third Street, Roan 201 San Bernardino, LA 92415 INTRO OU CT ION: The ques[iors in this form are designed to obtain enough data about the proposed project and project si ce to allow the Commission and staff to adeq ua [e ly assess Che project. By fakino the time to fully respond to the queStiOns below y0U Can reduce [he pr OCBSSi ng I't me for your project. You ^ay also include any additional information which you believe is per[i vent. U;e additional shee [s where necessary. GENERAL INFORMATION I. NAME OF PROPOSAL: Chance of organiZationJannexation to the City of Rancho Cucamonga 2. APPU CANT: Citv of Rancho Cucamonga 3. GENERAL LOCATION: ;o rth of 24th Street, between the S.C.E. Power Transmission Corridor to the [~P Cf and Ftiwa nda con^"° r^ fhe ^'=!. 4, Does the appiica [ion possess 100$ written consent of each property owner in the subject to rritory7 YES X NO (If YES,attach written authorizations.) (Written consent will e~provided separately) 5. Indicate [he reasons that the proposed action has been requested. Annexation and develol~nent thereof Der Development Plans would be beneficial to thgpublic purposes of the City and consistent with the L'itv's General Plan and beneficial to the public health, safety and general welfare. 6. would the proposal create a totally or substaneially surrounded island of unincorporated terri[o ry7 VEB ~ NO K If YES, please justify proposed boundary. yy.~ LAND USE ANO DEVELOPMENT POT ENTIAI ~. Total land area: - 96 at re5 2, J..ei ling units in area: 0 3. Approximate population in area: 0 4, Inoicate the General Plan designation of the aff.~.ed o, , Low Residential (2-4 du/ac) San Bernardino County General P)an designation: RE$ - 2 $. Describe any special land use can ce rns expressed in the above plans. ~, r;rK ;tu nn lone+i cn with the property owner has prepared both ~,n A~n„ylld a Development Agreement ,which wi17 be acted on _nrinr +n IAFf tle to rmind Lion on the request. 6. Indicate the existing land use. VaCdnt What is end proposed land usel Single family residential 7. Indicate the existing county zoning title and densities pe rmitf ed. RS - 2 OU per gross acre plus density bonuses permitted by West Valley Foothills Community Plan. B. Has the area been pre-zoned7 YES NO X • N/A !f YES, rvhdt i5 the p _ ,,,,,,'-y classi'ri ca!ien, ., tl~, and densities Pe rmi[ted, * Prezoning in progress for zoning designation of Low Residential (2-4 dui ac) in conformance with Gene rai Plan Land Use of the same designation. A hearing before the Planning Commission is scheduled for June 22, 1988 and the City Council on July 2U, 1988. yyy 9. Estimate any other future governmental services that will be reGui red for additional development of [his site. Refer to Plan for Municipal Services (attached) I0. Will the proposal require public services from any agency or district which is currently operating a[ or near Capacity (including sewer, water, police, fire, or schools)? YES X NO If YES, please explain. Schools are doe ra tinq at or near capacity and developers are workino with District to provide school facilities as discussed in the Plan for Municipal Services. ENVIRONMENTAL INFORMATION I. State general description of topography. Alluvial wash, genilY sloping at approximately 4 1/2% grade. 2, Describe any existing improvements in the site as $ of total area. Residential 0 $ Agricultural D $ Commercial 0 $ Vacant 100 8 Industrial 0 8 Other 0 8 3. Describe the adjacent land uses. Primarily undevelop¢d, with scattered s inple family rvainanrn< to the et!', ,.^', t ~ n - T'i ed tGieiit pion i. under construction to the east. 4, Describe site alterations coat will he produced by improvement projects associated with this proposed action. (grading, flow channelizatlon, etc.) Refer to Cit~Envi ronmental Review Application, Initial Study Part I text for discussion of physical improvements to site. yys ~. Uill service extensions accomplished by chis proposal induce growth on this si ce? YES X NO Adjacent sices7 VES X NO Unincorporated ~~ Incorporated 6. Is this project a parC of a larger project or series of projects? YES __ NO ~_ If YES, please explain. NOTICES Please provide the names and addresses of persons who are to be furnished copies of the agenda and staff report and who are [o be given mailed notice of hearing. Name Tarrv M Address p-li_ 8ox 8166 - llniversal City, CA 91618 (Jame Iarrv Rende rsnn cio Ci tv of Rancho Cucamonga Planni ng Division Address P.O. Box 807. Rancho Cucamonga. CA 91730 Nam. r,.. ~, n - - - Address 9330 Base__Line Road, #205, Rancho Cucamonga, CA 91701 CERTIFICATION: I hereby certify that the sea cements furnished above and in the attached exhibits present the data and information required for this initial evaiua[lon to the best of my ability, and that the facts, statements, and information presented herein are true and correct to the best of my knowlad9a and belief. Date: Phone: __{714) 989-1861 Signature o Applicant 93d0 Baseline, Suite ? Address Rancho Cucamonga, CA 91730 To be enclosed with this form: 5 copies of chis ExhiOi[ "A" 30 copies pf the map 30 copies of the legal description 2 copies of the Voter location List yy~ U >u az w ~i U F ~ ~H W N A a 00 G' 3 ~ V 2~ ~ O r. 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W m E ¢ ¢ ¢ 4 U ~ u o a E. n a ~ a a a z ~ a a a a n a a a d a a n n A w m w i° N N N N N N N v N N N N N ~ y v L a L v v v i v L v L L a L a L v i v Y v L L U U V L U L V U U 'J U U t) V V U R Y A N N N N tC rtl N N id A F fJ N M `O ~o ~O ~O •D .O •O ~D ~O' q b •O •O F C ~o ~ I i ~ 4~~ ' N q ~O N N N ~O N N A N N N 1-~ N N Y N N r y r - O G O > y~ ~ L L L L p O` V + Y Y N j O 3 0 0 0 S 8 3 N N u. O a a 0 L V 3 3 L i L 0 ' ~ £ £ £ O O O 9 O 'd d 'J O 9 0 0 U C V U U C C C ~ _ ~ > ~ Y ~ > ~ A r J q ^ N ^ N N •O t0 m y y } ~ Q t O t O L O L C L O L ~ p q N O D 6 N 6 C q ~f p] G C C Cl y N C n, q E E N L ~ ~ O O O ~ E N > ~ > ' U C C C C C C ~ ~ G ~ "' O O O iE O j L ~ L a L U L Y 2 2 '.> Vl 2 V U U U V 4 ~/1 6 I I I ~ , 1 1 1 ~ l I ~ I I 1 C O O ~ C ^ O O V M O N m m C V J ti ti N ~ y O l i C V @ N f p N O p ~ h U ~ i . E O H H C d c U w k A Y y U c O O h O m N U 7 o V F H = a ~ ~+ c pp L m „ N W N I .1 y u v U ~~ y ~ O n n U v Q N ~ ~ ro L Y - x F a n ' v o U p C ^ O A r d ~ N ~ ? n i/ t C O 4 C . i 4 6 N N 3 V u] V1 {~ uu N L 1 1 ~ ~y~ PLAN FOR MUNICIPAL SERVICES (Attachment) The purpose of this attachment is to briefly outline the factors of consideration relative to this annexation request and to briefly expand upon the information presented Tn the Plan for Municipal Services form. I. FACTORS OF CONSIDERATION: A. Maximum Possible Service Area. The area proposed for annexation contains approximately 96 acres and is located fully within Rancho Cucamonga's Sphere of Influence. A5 the following information clearly indicates, the area 1n question is also clearly within the maximum possible service area of the City of Rancho Cucamonga. The area is adjacent to current City Limits on the south, and represents a logical extension of the City's ,jurisdiction. B. Rance of Services. The City of Rancho Cucamonga is a general law City and is legally authorized as well as capable of providing the full range of necessary urban services within its boundaries. Currently, a full range of necessary urban services is provided within the City Limits by the City and by several independent districts cooperating with the City. The same level of service provided by the City and Tts cooperating districts is proposed to be provided in the annexation area. C. Projected Future Population Growth. The site is currently designated on the County's West Valley Foothills Community Plan as RES 2 allowing up to two units to the acre. The City's General Plan allows residential densities of 2 to 4 units oer acre- y/9 D. Type of Development Occurring or Planned. The County of San Bernardino has considered, but not acted on, a development project for this site (Tentative Tract 13527). The previous plan called for 223 dwelling units. The City has worked closely with the developers in the preparation of development plans, and following annexation, will permit development of the project in substantial conformance with the City approvals, subject to the approval of a Prezone, uevelopment Agreement and other applicable applications. E. Present and Future Service Needs. Due to the undeveloped nature of the site, current on-site service needs are minimal. They consist primarily of fire and police protection. It should be noted that this level of service will be clearly inadequate should the property develop in accordance with the County approved plans, and extensive urban services would be required prior to development regardless of whether such development would occur in the County or City. The development of this site with 266 units would require sewer and water services, electricity, natural gas, telephone, solid waste disposal, police and fire protection, schools, libraries, parks and recreation, and other services nornwlly associated with urban intensity -~.~.-r..._.... ,... .. ~~~~~] ne wu, um en] ul nanulu wt. alWllya anti iL5 cooperating districts are capable of providing a full range of required services. F. Local Agencies Presently Servin the Area. The study area is presently served by the fallowing local agencies: Chino Basin Municipal Nater District; Foothill Fire Protection District; San Dernardino County Sheriff's Department; Southern California Edison Company; Southern California Gas Company; Pacific 9e11 Telephone; San Bernardino County Department of Transportation and Flood Control; l T~W.l .l /iJ Llunnn~an.. fnFnnl Ili n~~t..~. nl.-lC-.. w now vlabl lb l., u1C11 CJ Yo llll UIII UII nljn JC n00~ District; County of San Bernardino Libraries. As already noted above, the level and range of services currently provided by these local agencies is minimal, and only adequate to meet present limited service needs. yS a G. Social and Economic Interdependence. As already noted, the site is contiguous to the existing City boundary on the south, and depends for access on existing and planned City circulation network. The site is closely related to the City of Rancho Cucamonga and will depend on the City and its associated districts for the necessary urban services. Residents of the site will also depend on businesses in the City for their commercial and economic needs. H. Agricultural Preserves. No part of the property is located within any Williamson Act Agricultural Preserves. II. MUNICIPAL SERVICES 0.. Sewer Service. Due to the undeveloped nature of the site, no sewer services are currently being provided. However, the site lies in the jurisdiction of Cucamonga County Water District for sewer collection and the Chino Basin Municipal Water District far waste treatment disposal and reclamation. Upon annexation by the City of Rancho Cucamonga, both Cucamonga County Water District and Chino Basin numcipal water uistnct will continue to be the servlce providers for the area. B. Water Services. No water services are currently being provided due to the undeveloped nature of the site. However, the site is located within the service boundaries of the Cucamonga County Water District, which will continue to be responsible for the provision of water to the site upon annexation. C. Cable Television. Cable servlce is not currently provided to the area. Upon annexation, cable iv will be provided by private vendors under a City franchise. D. Electricity. Electric service is and wfll continue to 6e provided by Southern California Edison upon annexation and development of the site. y~ E. Solid Waste. The site is currently not being served. Upon annexation, private vendors will provide both collection and disposal services under a franchise 6y ±he City of Rancho Cucamonga. F. Streets. With the exception of Ftiwanda Avenue along the easterly boundaries of the site, there are no streets or roads currently serving the area. Upon annexation and development of the site, the developer will be responsible for construction of all public streets in accordance with City approvals. Upon substantial completion of the street improvements, the City will assume responsibility for maintenance and street sweeping. These costs are estimated at 516,428 per year. The ongoing cost of street lighting will be absorbed through an annexation to (or formation of) a lighting assessment district. G. Flood Control. Current flood control protection is Drovided by the San Bernardino County Fiood Control District. Upon annexation, regional flood control issues affecting the site wilt continue to be controlled by the Flood Control District; local drainage and flood l.Ul11.f'ul pI'u LCY.llun Nili Tall under 6ne jUr15U1CY700 OT Lne L1 Ly. H. Community 6evelopment. Current planning and code enforcement services are provided by San Bernardino County. Upon annexation, the City will assume full responsibility for the services at an estimated annual cost of 51,784. Leisure Services. No parks and recreation services are currently being provided. Upon annexation and development of the site, the developer will be responsible i•or paying City park fees. In ad diti Gil, iitywide rev red tl0n programs currently run by the laity will become available to the new residents of the developed site. Finally, library and museum services, currently provided by San Bernardino county, will remain under the County's ,)urisdiction. ys~ J. Police Protection. Police protection is currently provided by the San Bernardino County Sheriff's Rancho Cucamonga Substation. Upon annexation, the County Sheriff will continue to provide police services for the area, K. Fire Protection. The Foothill Fire Protection District currently provides fire and rescue services to the area. Upon annexation, the District will continue to provide the necessary services for the protect site. No paramedic services are currently provided or planned. L. Ambulance Services. Private vendors currently provide ambulance services to the site. Upon annexation, these services will continue to be provided by private vendors. M. Minwl Control. Mima1 control is currently provided by San Bernardino County. Upon annexation, San Bernardino County will continue to provide animal control services. N. Schools. The site is located in the Chaffey Joint Union High School viscn a ana cne towanda tl ementary School Dt strict. Upon annexation and development, the site will continue to be served by the Etiwanda Elementary School District (K-B) and Chaffey Joint Union High School District. Preliminary discussions with the Etiwanda School District indicate that schools are at or near capacity in Lhe area. Potential new school sites have been identified in the immediate nearby area. The School District does have the ability to charge fees in accordance with SB 2926 and in addition has a one Lime special district tax of s1 ,600 per dwelling unit. ~/~~ III. SNMIARY The site is located in the City's Sphere, it is contiguous to the City boundaries on the south and west, and represents a logical extension of the current City Limits. The City, with assistance of its cooperating agencies, is authorized and capable of providing the full range of necessary urban services for the site. Tne annexation area is uninhabited and the City's petition for annexation is supported by 1008 property owner consent. ysy ENVIRONMENTAL REVIEW APPLICATION INITIAL STUDY -PART I GENERAL For all projects requiring environmental review, this farm must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Planning Division staff will prepare Part II of the Initial Study and make recommendations to Planning Commission. The Planning Commiss ton will make one of three determinations: (I) The project will have no siggnificant environmental impact and a Negative Declaration will be filed, (2) The project will have a significant environmental impact and an Envirommental Impact Report will be prepared, or (3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. Date Filed Project Title: E'IIWANDA HF.I CffCS ESTATES Applicant's Name, Address, Telephone: 'F'ERRY MELCHER P.O. WX A166 UNIVERSAL CITY CA 91618 (818) 352-1320 Name, Address, Telephone of Person To Be Contacted Concerning th i5 Project: GARk MITCHELL 8 ASSOCIATES 9130 EASELING RD., 8205 RANCHO CUCAMONCA CA 91701 (7l4) 989-9905 Location of Project: NOR'I'IIWEST CORNER OP F.TIWANDA AVENUE & 2~TH STREF,T Assessor's Parcel No.: 125-D7i-65 List other permits necessary from local, regional, state and federal agencies and the agency issuing such permits: N/A ys ~ PROJECT DESCRIPTION Proposed use or proposed protect: SUB-DIV iS ION OF 95.7 ACRES OF !.AND INTO r1 'COTA t. OF 266 RESIDENTIAL LOTS, AS A LOT SALES SUB-DIVISION, W'LTH A FULL DESLGN REVIEW ;1PPLiCATION FOLLOWING SUBSEQUF,N'fLY. nrrpann of prntart area and <gllare f„~rage of er!sti.^.^ and ^noposed 6uiidin^ if any: 95.7 GROSS, 88.0 NE'f ACRES. THERE ARE NO EXISTING STRUCTURES CURRENTLY ON THE SITE. 'fIIF,RE ARE NO PROPOSED SQUARE FOOTAGES OF STRUCTURES AVAILABLE AT Describe the environmental settin of the protect site including information on topography, sot st abl ,ty, p ants (trees), land animals, any cultural, historical or scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sheets): 7'I{E SITE GENENALLY SLOPES FROM THE NORTHWEST TO TIIE SOUTHEAST, RANGING IN ELEVATION FROM APPROXLAfATELY 1810 FEET AT THE NOR'fIIWEST CORNER OF THE PROP- ERTY TO 1680 FEET IN THF. SOUTHEAST CORNER OF THE PROPERTY. THE SITE CONSISTS OF NA'CIVE VEGETATION AND NATIVE GRASSES FOUND ON THE SITE. THERE ARE NO EXI5'fiNC SI'RUG I'~j(~'(SJ OR EVtUENCE OF EARL1Ek HAHl'l A'1'IUN eX15'f1NG UY 'fHt 51'fE. 'l'lIE 51'fE IIAS d KNOWN E.1R'EIIOUAKE VAULT TRAVERSING TIIE EASTERN BOUNDARY OF THE PROPERTY 8 HAS RFFN LO(IA TFD PR FC ISFLY ON THF STTF. ^FSfRiRFD iN TNF ATTA(HFO PR FI TMTN ARV COTIC R _GEOTF,CIIN [CAI, REPORT PREPARED BY MI LIB 8 ASSOCIATES. 'THERE ANE NO EXISTING ANIMALS, (1!I,TUR AI„ f1I5TORIC, RESOURCES OBSERVED ON THE SITE, FL'RTNER DISCUSSION OF THESE IS FOUND 1N TIIE PNCL OSED B10T LC SURVEY PREPARED BY TIERRh MADRF 8 ASSOCI A'I'ES THF STTF eN,IOYS SCE'N'IC VI EIJ-SHED OPPOR7UNI I IES BOTH 'i'0 TIIE MUUN'I'A1N RANGES '1'U 'fHE NUR'1'H AS WELL AS l'0 'iHE VISTAS OP TIIE VALLEYS LOCATED TO THF. SOUTH, EAST & TO THE SOUTHWEST. Is the protect part of a larger protect, one of a series of cumulative ~`t iv~i• '~'L i1. i1 al t11V UV'1 indiYidWal lV ~IClall. III T_V .l__C T_ WIIn IY it}VO Cl/1 /l if if anf ,. n - - ., .-.- ..-.- -.~.. .. ......~• environmental impact NO y~~ I-2 HILL THIS PROJECT: YES NO 1. Create a substantial change in ground contours? 2. Create a substantial change in existing noise of produce vibration or glare? ~ 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)7 ~~ _ 4. Create changes in the existing Zoning or General P tan design ations7 5. Remove any existing Lrees? flow manyl ~ 6, Create the need for use or disposal of potentially hazardous materials such as toxic substances, f lammables or explosives? _ .~ Explanation of any YES answers above (attach additional sheets if necessary): (I)'Tilli SPCC REQIIIRCS C,RADINC TO ACCOMMODATC BUILUI NG PADS, AS SIIOWN iN TIIE C,ON- CCI'TI1AI, GRADINf.. pI,AN PILCD Wi.TII TIIR TGNTATIYR TRACT PIAP APPLICATION. IIOWIiVRR, :i.\ID GRADING PROPOSCD IS TN S'CR iCT ACCOR DANCC W1TII TIIC CT9'Y OF RANCIIO (,UCAMON(,A CI2A DINC STANDARDS. (2) CONTINUIiD SCPARATR SHRR'I' 7. Estimate the amount of sewage and solid waste materials this project will generate daily: 53,200 GALLONS PGR nnv 8. Estimate the number of auto and truck trips generated daily by this project: _. 2,060 TkiPS PIiR UAY 9. Estimate the amount of grading (cutting and filling) required for this project, in cubic yards: 3000,000 CUBIC YARDS 10. If the project involves the construction of residential units, complete the form on the next page. CERT[FICATIOM: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, .inA inf nrm of :en •,.e tiu ~ _ _ p..°°`. en.w di c 2 diw wrrcLt to the beii ni' my 'r nnw indnn anri belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Planning Division. r . ,f, / / / Date: Signature. _ ~r~r . /. , , v.;~_i~ Title /~ ~, ~ ~ ' + ys~ I, RESIDENTIAL CONSTRUCTION The following information should be provided to the City of Rancho Cucamonga Planning Division in order to aid the school district in assessing their ability to accommodate the proposed residential development. Developers are required to secure letters from the school district for accommodating the increased number of students prior to fssuance of building permits. Name of Developer and Tentative Tract No.: TERRY MELCIIER TT 13527 Specific Location o` Project: 95.7 ACRES OP LAND LOCATED AT N/W CORNER OF ETIWANDA AVENUE 8 24T11 STREET PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: 266 2. Number of multiple family units: 0 3. Date proposed to begin construction: 19gg a Larlimh daln of occupancy: _ ~ 19D9 ModelA and F of Tentative UNKNOWN A'C 1'1115 TIME. (PROJECT IS PROPOSED AS A LOT 5. Bedrooms Price Range SALES SUD-DIVISION) ys~~~ r.n F,NVIRONMENTAL REVIEW APPLICATION PAGE I-3 CON'f1NUED ETIWANDA HEIGHTS ESTATES, T. MELCHER - APPLICANT (2) TIIE PROJECT WILL CREATE DEMAND FOR GREATER MUNICIPAL SERVICF,S Tn SERVE THE ULTIMATE RESIDENTS OF THE PROJECT. HOWEVER. THE F.%TF.NSTDN OF SERV Tf.FS REPRESENTS AN EXTENSION OF DEVELOPMENT CURRENTLY OCCURRING OR PLANNING TO OCCUR ON THE SOUTH SIDE OF 24id STREET WITIIIN THE CITY OF RANCHO CUCAMONGA. ys TENTATIVE TRACT 13527 ea3-=~ BERNAROINO~,.STATE OF~CALIFORN[A, ANE1 IS~DESCRtBED AS FOL LOWS: THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER ANO THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 2O TOWNSHIP 1 NORTH, R..^..:GE 6 'dE ST, SAN BERNA RDINO ME.°.[D [AN, IN THE COUNTY OF SAN BERNAROfNO, STATE OF C%d_iF 07,N IA, ACCORD tNG TO THE OFFICIAL PLAT THEREOF. E%CEPT THEREFROM THE WESTERLY 1SC FEET OF THE SCU THEAST ONE-QUARTER OF THE SOUTHWEST ONE-GL'ARIER OF SAID SECTION 20. ALSO E%CEP7 THEREFk Chf THFT PORTION CONVEYED TO THE SOUTHEP.Ii SUR.R LL'S P,EALTY CO. EY CEEC RECUR CED GC708ER G, L973, IN 600K 6281 PAGE 144 GF DFFiCiAL RE CORG S. PLSO EXCEPT THERE FROM THAI PORTION CON'u E14NED TO THE SAN BE RNARD t11O COUNTY fL00D CONT FOL DISTRICT, 8Y FINAL CRDER IN CCd10EMNA.T ION P,ECOF.O ED OCTOB E."-, 4, 1979, IN BOOK 9785. PAGE 1107 Or" OFF rr tci eFrnonc / ~~ - CITY OF RANCHO CtiCAMONGA *, STAFF REPORT .~-;:,' l DATE: June 1, 1988 T0: Mayor and Members of the City Council FRuM: Brad Buller, City Planner BY: Miki Bratt, Associate Planner SUBJECT: ANNEXATION 68-03 - CARYN DEVELOPMENT COMPANY, ETIWANDA - reques o annex approx ma e y acres o an n the San Bernardino County unincorporated area located at the Northeast Corner of Summit Avenue and Wardman Bullock Road - APN: 226-082-16, 24-27. I. RECOMMENDATION: Staff recommends adoption of the attached eso u on o Intent to Annex and authorize staff to submit application far annexation and a plan of services to LAFC. II. BACKGRODNO; The applicant requests annexation to the f,ity of 262 acres o unincorperated land in San Bernardino County. The property is bounded on the north by a utility corridor, on the east by San Seva ine Wash, on the south by Summit AVPl111P .,nw rr rtiP uo~r by wardman-Bullock Road. -" The applicant has received Development Approvals from the County for this property. County approvals are for Tentative Tracts 13564 and 13565, encompassing a Planned Unit Development. Concurrently, the applicant has been working with Cfty staff on drafting an annexation agreement together with a development agreement for the property. Also, the applicant is working with City staff on formation of a Mello-Roos Community Facilities District in order to finance flood control and other infrastructure required for development of this property. The Foothills FT re District would have a separate Mello-Roos Community Facilities District for the purpose of providing a required staffed and eau iooed fi rP cta ti nn At present the property is vacant, undisturbed alluvial land north of the Etiwanda area, Development will require installation of roads and other physical infrastructure, as well as the extension of services, including police and fire. Most of the property proposed for annexation is subject to flooding and will require fnstailation of substantial flood control facilities prior to proceeding with development. Financing for part of the required CITY COUNCIL STAFF REPORT Annexation 88-03 - Caryn Development Company .June 1, 1988 Page 2 infrastructure and services is expected to be provided by the information of a Mello-Roos Community Facilities District within the City of Rancho Cucamonga. in order to proceed in a timely manner, the applicant requests that the anrexaticn prxeedings begii. The first step ire sab+a9tting an annexation application to the Local Agency Formation Commission is review of the application by the City Council and adoption of a Resclution of intent to annex the property (see attached). Resp lly su ted Bra ~ Citv Planner BB:MB:vc ~~ RESCLUTION N0. ~j ~ ~ ~ 7 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL AS THE GOVERNING BOGY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR THE ANNEXATION OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SUMMIT AVENUE AND NARDMAN BULLOCK ROAD - APN: 226-062- RESOLVED by the City Council of the City of Rancho Cucamonga, that WHEREAS, the above-described property is located within and consistent with the established Sphere of Influence of the City, and is contiguous to current City limits; and WHEREAS, the territory proposed to be annexed is uninhabited, and a Description of the boundaries of the territory is set forth in Exhibit "1" attached hereto and by this reference incorporated herein; and WHEREAS, the annexation of the property will represent a logical extension of the City's boundaries and urban services; and WHEREAS, it is the City's intention to provide the usual and necessary urban services to the area upon annexation, as outllneA in the Plan of Services; and WHEREAS, the City has determined that the annexation of the property to the City would be beneficial to the public purposes of the City, in that the Property will provide for development, within the district, in a manner consistent with the City's General Plan and with related development; and WHEREAS, the fity Council as governing body of the City of Rancho Cucamonga desires to initiate proceedings fora Change of Organization/ Annexation, in accordance with Government code Section 56195 for the above described property. WHEREAS, the County of San Bernardino has approved Tentative Tract Map No's. 13564 and 13565 in respect to the above-described; and WHEREAS, the City, prior to the issuance of the County Development Approvals, 'ie.iewed fire pi`upu>ed development as depicied in the County Development Approvals, and participated in the procedures initiated within the County culminating in the issuance of the County Development Approvals; and WHEREAS, the City has determined that the annexation of the property to the City would be beneficial to the public purposes of the City, in that the property, developed in a manner authorized by the County Development Approvals, would be consistent with the City's General Plan; and ~~ CITY COUNCIL RESOLUTION N0. ANNIXATION 88-03 June 1, 1988 Page 2 WHEREAS, the City Council as governing body of the City of Rancho Cucamonga desires to initiate proceedings fora Change of Organization Annexation, in accordance with Government Code Section 56195 for the above- described property. NOW, THEREFORE, the City Council as the governing body of the City of Rancho Cucamonga does hereby adopt, approve, resolve, determine, and order as follows: SECTION 1: Application and a proposal is hereby made to the Local Agency Formation Commission of the County of San Bernardino for Change of Organization (Annexation) to the City of Rancho Cucamonga of the herein described property as outlined in the ,)ustiftcation form, which is Exhibit "A" to this resolution, and is by this reference incorporated herein as though fully set forth in accordance to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. SECTION 2: The City clerk is hereby authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Local Agency Formation Commission of the County of San Bernardino. ~~ / LEGAL DESCRIPTION The west 1/2 of the east 1/2 and the east 1/2 of the west 1/2 of Section 22, Township 1 north, range 6 west, San Bernardino base and meridian, according to the official plat of said land. Also excepting therefrom that certain strip of land 80 feet in width, as describea in that certain grant deed executed by Samuel J. Masseur, et ux., to the Metropolitan Hater District of Southern California, a Public Corporation, recorded July 30, 1969 in book 7276, page 603, official records. Also excepting therefrom those certain strips of land 330 feet in width, as described in that certain grant deed executed by Samuel J. Masseur, as trustee to Southern Surplus Realty Co., z California Corporation, recorded April 27, 1973 in book 8171, page 84, official records. Also excepting the south 30 feet thereof. Also excepting an undivided 1/3 interest in alt minerals, oil, gas, and hydrocarbon gas as reserved 1n the deed from .glfred n, Davey, an unmarried man, to fay Claridge Main, an unmarried woman, recorded May 31, 1950 in book 2583, page 129, official records. ~~ Exhibit "1" '~, iLL84.5J ~ ~ \ ~ ~I, ~~°o~ ~ ;~ ~`~ ~~ i~ ~ ~ I~ ~ `- `n o \~ E. 4y ~.Lfy"~~ VACANT Llo46' 84'39'~TE. in 0 N W t~ 4 1 ~ S.C.E. ~Fy\ EASEMENT ~ ~-' I-~.a9' 39~3~'~ Z~o48' U ~ m a f N N lll N ~ VACANT d ~ ~ ~ ~ Z 1 x.65"t}~'glo' E. 2!048' LOCATION MAP ~OR"fH CI1 1 `~ IT~~. ANNEXATION 88-03 R,~.tiCHO CL:G1A TAE; ETIWANDA HIGHLANDS P[.AN~II~IG DI~'ISIO[Y L// / EXHIBff .~ SG~LE EXHIBIT "A" Justification for Proposal and Preliminary Far LAFCO Use Oniy Environmental Descripticn Form TO: Local Agency Formation Commission 175 West Fifth Street, Second Floor San Bernardino, CA 92415-0990 INTa nnp CTln N: The ^ °'fo,^s ~° - --- -- asi9ned iU Ubtain enough data aocut :he proposed project and-project sate Ito allow the Commission and staff to adeGUately assess the project. By taking the time to fully respond to the questions below, you can reduce the processing tSme for your project. You may also include any additional information which you believe is pertinent. Use additional sheets where necessary GENERAL INFORMATION 1. NAME OF PROPOSAL: Change of organization/ annexation to the City of Rancho Cucamonga 2. APPLICANT: The City of Rancho Cucamonga 3. GENERAL LOCATION: Northeast Corner of Summit Avenue and Wardman nul lock Road, APN 226-082-ib, 24-2i 4. Does the application possess 100% wrtten consent of each property owner in the .,cS,cct t~,,:...,,7 Y;,S ;. I:G ih rw, attaen written authorSzations.) 5. Indicate the reasons that the proposed action has been requested. pnno ra r;nn and level oomert thereof per Oe vel oDment Plans would be h°^°ftc;a7~~h~nu6l is purposes of the City and consistent with The City's ,ene ral Plan and beneficial to ~~p~ ~`',~ eaw ar5 tY 6. Would the proposal create a totally or substantially surrou e 1 -an o unincorporated terrltory7 YES NO X If YES, please justify the proposed boundary and attach that justification to this application. LAND USE AND pEVELOPMENT POTENTIAL Totoi' iB2 u..~ca .. .u„u a, aa. .'. r r ~ ,. . Z. Dwelling urdts In area: -0- 3. Approximate populatton In area: -0- 4. Indicate the General Plan designation of the affected city flf any): Re s i de it t i a 1 Very Low Density (less than 2 dwelling units per acre) LAFC 3 ~~ Rev. 12/85 San Bernardino County General Plan designation: Residential: 2 dwelling units oer acre; West Vally Foothill Plan Special Development (WF/SD i. Describe any special land use concerns expressed in the above plans. Etiwanda Highlands Development Plan (W13S-44), approved 8-24-87, es 4-7 5. ?.^.^' ^__,_ the _...,,, g la.:d u:~. _ .. •, 'Nhat is the proposed land use? residential, single family detached 7, indicate the existing county zoning title and densities permitted. Planned Unit Development, 2 dwellino units per acre plus 15b density bonus far sites with slopes under 10`6 8. Has the area been pre-zoned? YES NO X~ N/A ` if YF,S, what !s the pre-zoning classification, title, and densities permitted. Note: Pre-zone appiica r,ion filed with City is being processed 9. Will the proposal require public services frcm any agency or district which is currently operating at or near capacity (lnciudinq sewer, water, police, fire, or schools)? YES X NO ~ If YES, please explain. Schools: Applicant will meet the requirements of the Etiwanda School District Fire: Applicant will enter into a Community Facilities District to provide for construction, staffing and maintenance of a fire station PLAN FOR SER VIC ES; Scc attach~~oent Section 56653 of the Government Code requires the submission of a Plan for Services with every proposal initiated by a resolution of a legislative body. Please attach to this application a narrative description of the following: L An enumeration and descrlp don of the services to be extended to the affected territory. _p_ ~~ U 2. A description of the level and range of these services. 3. An indication of when those services can be extended to the study area. 4. An indication of any conditions the Iocal agency will impose or require ~.vi:hin the study area if the proposal is approved (for example, the pay- ment of fees, the upgrading of structures, roads, water and sewer facil- ities, etc.). 5. Information with respect to how the services will be financed. NOTE: Sponsors of a proposal initiated by petition may submit their proposal without a Plan for Services. Commission policy, however, requires the affected city or district to nevertheless prepare the Plan prior to staff review of the proposal. ENVIRONMENTAL INFORMATION i. State general description of topography. alluvial wash, gently slopi nq _ at approxi mateiy 3% to 8%. 2. Describe any existing improvements in the site as % of total area. P.esldential -0- % Commercial -0- % Industrial Agricultural Vacant _0_ 100 % -0- % Other -0- % 3. Describe the adjacent land uses. East - vacant, flood control easement; South - vacant (approved Planned Unit development, 2-4 DD/AC); 'Rest - vacant, flood control 4. Describe site alterations that will be produced by improvement projects associated with [his proposed action. (grading, flow channellzatlon, etc.) See: Etiwanda Highlands Development Plan (W 138-49) approved -24-87 5. Will service extensions accomplished Gy this proposal induce growth on this stte^ YES X NO ~ Adjacent sited YES X NO _ Unincorporated % Incorporated -3- y~ ~ 6. 15 this project a part of a larger project or series of projects? YES X NO If YES, please explain. Related to TT 13566, a 160 unitTnned development within Lhe City of Rancho Cucamonga directly south of the property described in this aopl icati on Nnmrrpg Please provic.e the names and addresses of persons who are to be furnished copies of the agenda and staff report and who are to be given mailed notice of hearing. NAME L.3, Henderson, c/p City of Rancho Cucamonga Planning Division ADDRESSP,0. Box A07, Rancho Cucamonga, California 91730 NAME Joseph Diiorio, c/o The Carvn Company ADDRESS 2834 Terry Road, Laguna Beach, California 92651 NAME ADDRESS CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information and that the facts,'statements, and~informatfon presented herein are true and correct to the hest of my knowledge and belief. Date: Phone: lgnature of Applicant .o ~a eriCiGded aiih ibis foriiC i5 copies vi this Exhibit 'A° with Dian for Services 30 copies of the map 30 copies of the legal description 2 copies of the Voter Location List Pre-xontnq and environmental review documents (lf applicable) 2 copies of the Resolution or Petition of Inltlation Flllnq Fees -4- ~~~ RESOLUTION OF THE MAYOR AND COMMON COUNCIL URGING CITIZENS OF SAN BERNARDINO TO VOTE ~C ON MEASURE "A" WHEREAS, San Bernardino County will be reduce3 from the largest county in area in the United States to the secon3 smallest in Southern California; and WHEREAS, this reduction in size will greatly hamper the County's image and efforts to market and promote San Bernardino; and WHEREAS, the proposed Mojave County will take ninety- percent of the mass, seventeen-percent of the population, and nineteen point nine-five percent o! the assessed value; and WHEREAS, san Bernardino County will be giving the desert area to the new county just as it is beginning to pay its own way; and WHEREAS, law enlorcament and fire sarvlce levels will suffer in both counties if Mojave secedes, NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO STRONGLY OPPOSE THE ESTABLISIQ4ENT OF MOJAVE COUNTY AND URGE THE CITIZENS OF SAN BERNARDINO TO VOTE "NO" ON MEASURE "A". APPROVED: April 18, 1988. . ~~ n ~ d') Evlyn Wil ox, Mayor ~~ V Y U 1' Z N W H w v~ s U F C F w N 2 .w.. -~ ~ F a f 4 y0 V J w Z G O ~x LL J.1 O C G } p F_ F U U 4 a .i w v X ~ Y .~ M O u ¢ F '~ o ~c', a i o u m q p o o a = •~ o n o F\ E C .w c U 6 ~ M ..- ~ a r Y o •a o ~ a o U d Y ~ ~ M ~ M 0 0 0 1 O O 'J O O F E m ~ a - n N N ~ N ^ . 1 . v. ~N 1 wl I I wl I I I M L W H N •T D• N -I v ° c v A m a w . ~ v v m m v v v ~ 1 Q W OI QI Oi fl 1 % Y i-~ C i= T t0 r0 T ~O ~C .O 'O I+ O L' VI VI N ~/1 N L L L L L L L •.] F' Y W J J J J V V V V U V V fi fi 0. 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L L V L V L U L V L V L V L V L V i V L U U U q F N N N N N N N ro N N ro ro N ro I ~ Y In m m m D [D O) 07 OJ 6J W W W N N ~ o4 4 ~ ~ N I ro N N N ro u p V ~ q ro I ro ro N N ro ro y N V ~ + ~ ~ t L N N N ~ I ~ O f q O O O N N O ~ 3 3 3 L L L L ` ~- > 'o o Q O O c 9 S S S N N Y O O O v c c c ~ o a v a o c c c ro ro 3 ro 3 c N 1 n Y n Y n Y 7 L N •- Y ro ~ ~ ~ 3 y ~ ~ N ? O O O ~ N N N O O O N W L ro 6 L C [II [O fA V V V y m N W d O. d m O. E n O o q ? Cm N N N a a m ° ° ° > ~ > ~ 'n C ~ C C C C C C U U j j i W u ^ L % E u o 0 o O 'c o J t t .C J V V V d N Y 6 J 2 Z Z Y N Z U O V ' I ~ , I 1 ~ ~ ( I I C O U C C O U C O O C V ~ G ^ ~ R CO o0 h V j 'T, u .r J C „ C / r+ N b R W a M ~+ tE Y •• r M W ~+ O d ~+ pNp 5 k N ttl M > u n O h vi N c W L V ep R 0. -+ J f V F '^ 3 y 6 ~+ O M G W o0 „ v1 w O Y in U P O vi h N ~n V', 3 d O N 3 .^ 9 „ ep h ~ d h U / d r 9 O ~ ~n u' ~ V f ~/I .~ 0 ~ . 3 U F ~ ¢ N ~ V D O u 0 « ~ ti .. N L „ > -+ t~. •^ N 2 U u1 ~ F• w N J ~ C G ~ L N a c O i v 1 .F T C y 1~Z PLAN FOR MUNICIPAL SERVICES (Attachment) The purpose of this attachment is to briefly outline the factors of consideration relative to this annexation request and to briefly expand upon the information presented in the Plan for Municipal .Services form. r, rprrngc nc rnyclnEpprhN. A. Maximum Possible Service Area. The area proposed for annexation contains approximately 282 acres and is located fully within Rancho Cucamonga's Sphere of Influence. As the following information clearly indicates, the area in question is also clearly within the maximwa possible service area of the City of Rancho Cucamonga. The area is adtacent to current City Limits on the south, and represents a logical extension of the City's Jurisdiction. °. Range o' Services. fie City of Rancho Cucamonga is a general law City and is legally authorized as well as capable of orovidins the full range of necessary urban cervirac within it< boundaries. Currently, a full range of necessary urban services is provided within the City Limits by the Cfty and by several independent districts cooperating with the City. The same level of service provided by the City and its cooperating districts is proposed to be provided in the annexation area. C. Protected Future Population Growth. The site is currently designated on the County's West Valley Foothills Community Plan as a special development district (WF/SD) with a base zone of lac dwelling units per acre (RES Zl. The Cftv's General Plan allows residential densities up to two dwelling units per acre under a "Very Low" Residential designation. y~.3 ANNEXATION 86-03 Page 2 D. Type of Development Occurring or Planned. The County of San Bernardino has approved a development protect far this site, Tentative Tracts 13564 and 13565. The approved plans call for development of 541 single family dwellings on the site. The City has worked closely with the County and the developers in the preparation of the development plans, and following annexation, will permit development of the protect in substantial conformance with the County aDProvals. E. Present and Future Service Needs. Due to the undeveloped nature of the site, current on-site service needs are minimal. They consist primarily of fire and police protection. It should be noted that this level of service will be clearly inadequate should the property develop in accordance with the County approved plans, and extensive urban services would be required prior to development regardless of whether such development would occur in the County or City. The development of this site with 541 units, as approved by the County, would require sewer and water services, electricity, natural gas, telephone, solid waste disposal, police and fire y~o.C:.. -, '.,~~ou~-, ~~u,u„ , Ndi i.S 6nJ ic~i cai.iun, mw vii m, servicesV normally associated with urban Intensity development. As alreaQy noted, the City of Rancho Cucamonga and its cooperating districts are capable of providing a full range of required services. F. Local Agencies Presently Serving the Area. The study area is presently served by the following local agencies: Chino Basin Municipal Water District; Foothill Fire Protection District; San Bernardino County Sheriff's Department; Southern California -..~.,,.~ .,,^„pa,^,y; .,,,,..~~..~~~ w,i~u, ~~~a vaa ~u,npdiiy; Pa~,i ,~ Beii Telephone; San Bernardino County Department of Transportation and Flood Control; Etiwanda Elementary School District; Chaffey Joint Union Nigh School District; County of San Bernardino Libraries. /~~~ ANNEXATION 88-03 Page 3 As alreaQy noted above, the level and range of services currently provided by these local agencies is minimal, and only adequate to meet present limited service needs. G. Social and Economic Interdependence. As alreaQy noted, the site is contiguous to the existing City boundaries on the south, and depends for access on existing and planned City circulation network. The site is closely related to the City of Rancho Cucamonga and will depend on the City and its associated districts far the necessary urban services. Residents of the site will also depend on businesses in the City for their commercial and economic needs. H. Agricultural Preserves. No part of the property is located within any Williamson Act Agricultural Preserves. II. MUNICIPAL SERVICES A. Sewer Service. Due to the undeveloped nature of the site, no sewer services are currently being provided. However, the site IICJ 111 HIC .I VI IiV144: V11 VI 1.uL YYVIIya 4V U114~ IIY LCI VI~LI IV4 IVI sewer collection and the Chino Basin Municipal Water District for waste treatment disposal and reclamation. Upon annexation by the City of Rancho Cucamonga, both Cucamonga County Water District and Chino Basin Municipal Water District will continue to be the service providers for the area. B. Water Servtces. No water services are currently being provided due to the undeveloped nature of the site. However, the site is located within the service boundaries of the Cucamonga ~vu ~uJ nu 4c1 Y1i41i , I,Illull Y111 4V114111YC 4V YC ICi~I V II]IVIC for the provision of water to the site upon annexation. C. Cable Television. Cable service is not currently provided to the area. Upon annexation, cable TV will be provided by private vendors under a City franchise. ~/ ANNIXATION 88-03 Page 4 D. Electricity. Electric service is and will continue to be provided by Southern Caltrornia Edison upon annexation and development of the site. E. Solid Waste. The site is currently not being served. Upon annexation, private vendors will provide both collection and disposal servites under a franchise by the City of RancF,o Cucamonga. F. Streets. With the exception of Summit Avenue along the southerly boundary of the site, there are no streets or roads currently serving the area. Upon annexation and development of the site, the developer will be responsible for construction of all public streets in accordance with County and City approvals. Uport substanttai completion of the street improvements, the City will assume responsibility for maintenance and street sweeping. These costs are estimated at $39,703 per year. The ongoing cost of street lighting will be absorbed through an annexation to (or formation of) a lighting a]aCa NVCIIL VI>4f RL. D. Flood Control. Current food control protection is provided by the San Bernardino County Flood Control District. Upon annexation, regional flood control issues affecting the site will continue to be controlled by the Flood Control District; local drainage and flood control protection will fall under the jurisdiction of the City. H. Community Development. Current planning and code enforcement acrYitc5 vic prGii u'ed by ,iait oerird'r diilu Pi,uirty. upuil annexation, the City wttl assume full responsibility for the services at an estimated annual cost of 54,289. y~~ ANNIXATION 88-03 Page 5 Leisure Services. No parks and recreation services are currently being provided. Upon annexation and development of the site, the developer will be responsible for providing open space easement, plus a trail system through the project, in accordance with the County approvals. Upon completion of these improvements, the City will assume maintenance of the trait. In addition, citywide recreation programs currently run by the City will Decome available to the new residents of the developed site. Finally, library and museum services, currently provided by San Bernardino county, will remain under the County's jurisdiction. J. Police Protection. Police protection is currently provided by the San Bernardino County Sheriff's Rancho Cucamonga Substation. Upon annexation, the County Sheriff will continue to provide police services for the area. K. Fire Protection, fie Foothill FS re Protection District currently provides fire and rescue services to the area. Upon annexation, the Bistrict will continue to provide the necessary >ci.~sca ,vi auc y(~j ctie aii,2. iio ym anie,ii~ an •i~m me currently provided or planned. L, Ambulance Services. Private vendors currently provide ambulance services to the site. UDon annexation, these services will continue to be provided by private vendors. M. Animal Control. Animal control is currently provided by San Bernardino County. Upon annexation, San Bernardino County will continue to provide animal control services. y7~ ANNIXATION 88-03 Page 6 N. Schools. The site is located in the Chaffey Joint Union High School District and the Etiwanda Elementary School District. Upon annexation and development, the site will continue to be served by the Etiwanda Elementary School District (K-8) and Chaffey Joint Union High School District. Preliminary discussions with the Etiwanda School District indicate that schools are at or near capacity in the area. Potential new schooi sites have been identified in the immediate nearby area. Consequently, it will be necessary for this developer to work with the District to help provide school facilities. The School District does have the ability to charge fees in accordance with 58 2926 and in addition has a one time special district tax of ;1,600 per dwelling unit. III. SUMMARY the developer has all the necessary approvals by San Bernardino County to proceed with the construction of their 541 dwelling unit project outside of the City Limits of Rancho Cucamonga. The site is located in the City's Sphere, it is contiguous to the City L-..-J..~l-~. -- •Ln .-..LL n~A ~..n-O •..A ..-....n.~....<n • In-l nnl extension of 4he current City Limits. The City, with assistance of its cooperating agencies, is authorized and capable of providing the full range of necessary urban services for the site. The annexation area is uninhaDtted and the City's petition for annexation is supported by 100% property owner consent. y7~ - CITY OF RANCHO CUCAbIONGA STAFF REPORT -~~ DATE: May 18, 1988 T0: Mayor and Members of the City Council FROM: Brad Buller. City Planner ~~ BY: Debra Mefer, Associate Planner i SUBJECT: TREE PRESERVATIDN ORDINANCE UPDATE 1. RECClMENDATION: Staff recamaw!nds that the City Council review and scuss a ssues and provide staff with adequate direction to prepare a final scope of work for this work program item. II. ABSTRACT: In response to City Council's concern regarding the exTsf•ng Ordinance requirement for preservation or replacement of Eucalyptus trees on private proper*y, staff would like to initiate council dl5cusslon of potential amendments to the Tree Preservation Ordinance. III. BACKGROUlO: The existing tree preservation ordinance provides the 'foil-owlpolicy where Eucalyptus trees are concerned: Preservation - It is the Intent of the ordinance to perpetuate a w n rea system through protection of selected Blue Gums. Re lap cement - Nhen the Blue Gums cannot be protected due to s e eve opment constraints, poor health, etc., they are replaced with spotted Gums along the established windrow grid pattern. The following factors have brought about reconsideration of the existing policy: A. The spreading infestation of the Eucalyotus borer beetle: The Eucalyptus Longhorn Borer beetle is now a well established pest in Rancho Cucamonga. fie beetle threatens the coati need existence of the historic windrows and all other species of Eucalyp*_us 1n the City. Unfortunately, by the time symptoms are visible (branch die-back and general decline) the trees are too far gone to saved. The oast susceptible trees are those which have become stressed for one reason or another, primarily because of lack of waterlog. Healthy trees usually produce enough sap to drown newly-hatched larvae. But once cut from pruning, topping, or branch drop, no species of eucalyptus wood 1s immune to attack. y~y C[TY COUNCIL STAFF REPORT TREE PRESERYATI ON OROI NANCE UPDATE May 18, 1988 Page 2 B. Council concern for lacin re lacement and maintenance burden upon restaent wnere trees are save n e rear ya The Ordinance presently requires preservation of existing eucalyptus windrows. Historically, the eucalyptus windrows were planted along a 330' x 660° grid oattern which typically resuits 1n the trees being located Tn the rear or side yards of single family residences. fie Ordinance requires repiacement planting in cases where the trees must or should be removed. The Spotted Gum Eucalyptus, 15 gallon size, are required to be replanted 8 feet on center, and properly staked, to re-establish the windrow character. C. The Dotenttal water shortage which could accelerate barer Deetle DroDleai• The last two winters produced very little rainfall which stresses Eucalyptus windrows. NTndrows depend pristarily upon rainfall for their water needs. fie trees tend to be neglected by hoaKOwners who either don't water the trees, or surface water by sprinklers which do not praaate deep roots for stability. The insects prefer to lay their eggs in these stressed trees or Tn recently cut or fallen eucalyptus logs and branches. Small dlaaleter trees often die during the first year of atGCk: and larno nnae en~~inJ. int t.wi..~ w... _ _ _ successive years of infestation. IV. OPTIONS: The following options may be considered regarding the uca yp us windrows: A. Preservation an Private P ert - The intent of this option wou man n e n egr y a the current tree preservation ordinance, thus providing for widespread preservation and enhancement of the established wlndrovr character. One advantage of this option of course Ts that the established windrows arc mature trees that contribute to the unique environaaant of this coaasunity. At the same time the nature of the existing 81ue Guns 1s a dTsadventage to widespread preservation of the species. They are extrealely brittle, prone tc tisb drop and toppling, and grow to a heioht of naarly 20G feet. The nature of the tree makes continued maintenance necessary for good heaith and appearance of the tree. The cost of hiring a professional service to prune is about f225.00 per tree. In Alta Loaa a typical single fa~11y lot could have 10 to 20 trees along a side or read property line, costing 52,225.00 to 54,500.00 per year to malnUln. y~~ CITY COUNCIL STAFF REPORT TREE PRESERVATION ORDINANCE UPDATE May 18, 1988 Page 3 Replacement of Trees on Private Property - With this option the Blue Gum windrows cou a remov ram private property when replaced by an alternative Eucalyptus species. The advantage to replacement rather than preservation to place allows greater flexibility for the Individual property owner with regard to tree placement. In addition, alternative species of Eucalyptus can be planted that are far less prone to the problems of the Blue Gum and are also better adapted to fend off borer beetle attacks. Replacement trees can also be provided with a deep root waterlog system that encourages longevity of the tree. One disadvantage to such an option is that city wide en,{oyment of the windrow effect is not evident for many years. Preservation on Public Land Only - Thts option would allow indi scrimina ee r~val~rees onon private property, rel laving individual property owners of the burden for maintenance of the windrows, while trees within public rights-of-way, easements, trails, etc., would be actively preserved. Therefore the maintenance can be accomplished through assessment districts by the City. The primary disadvantage to this option is that nearly all of the existing windrows, with the exception of select areas of Etiwanda, are located in the path cf future street Improvements, making preservation extremely difficult if not impossible. Replacement of Trees on Public Land - This option would provide for the rep acemen o w-Tn~rows along public rights-of-way, easements, trails, etc. As with replacement elsewhere, the greater flexibility with respect to tree locations and species is a big advantage to this option. Again, the most notable disadvantage to replacement is the loss of the aesthetic value of the existing wlndrbws until the replaced trees have had a chance to reach maturity. Y. SCOPE OF THE REVISIONS: The Tree Preservation Ordinance was a op o mp amen a goals and policies of the General Plan and Etiwanda Specific Plan which encourage preservation of eucalyptus windrows as an tmoortant pert of the Oity's history and character. Therefore, any changes to the basic policy of preserving/replacing windrows would affect the General Plan and Etiwanda Specific Dlan. staff would recaasaend that the scope of this study be limited to Eucalyptus and that the Tree Preservation Ordinance not be changed regarding preservation of other heritage trees, such as palm, oak, sycamore, and pine trees. ~~/ CITY CWNCIL STAFF REPORT TREE PRESERVATION ORDINANCE UPDATE May 18, 1988 Page 4 YI. SCHEDULE: The previous tree preservation ordinance amendment took r. nTe iaonths to complete. Based on the general areas of concern - borer beetle infestation and maintenance of windrows on private property -and the potential controversy surrounding the Eucalyptus tree issue, staff anticipates that any amendments at this time could take equal or greater time t0 complete. Staff estimates that this study would require flue person weeks over a period of several months to complete. Resp liy su tted Br e City P nner BB:OM:mg yea .y~;~~~1 ~iuy~.//////~/Go.~ ANDREW J. ARCS MN SM1I RA LPr, D MFNSON o c9Am cox MAPI YA ..G GEi54ER HJMBF.R ON! CiViC CEYTER CIRCLE p~0~90% X059 B REA. C4LIEORNII. 92B2E-i059 (>I e) B iE LEOH ONE 2 X31 69i-3011 MEMORANDUM TO: Mayor Dennis L. Stout, Members of the City Council of the City of Rancho Cueamoanga and Lauren Wasserman, City Manager, City of Rancho Cucamonga FROM: Sames L. Markman, City Attorney ~- //~ DATED: May 23, 1988 RE: Status of legislation controlling tY.e manufacture, sale and use of toy guns (replica firearms) Enclosed with this memorandum please find a comprehensive package of materials related to the above subject. Your administrative intern, Diane O'Neal, did an ca4.ciia,L J.,L iu 4.4+wYaisny ~4c cux.i 4,ecu wc.ic~iaio. ricnoc review all of the matezials~at your convenience. A complete review of the materi.a is will reveal the following: 1. Matters related to use of toy guns. As you know, following the toy gun incident involving David Horowitz on television, some cities enacted legislation making it a misdemeanor to brandish or otherwise use toy guns in a threatening manner. Those cities included Burbank, La Mirada, Santa Monica and some others. However, since that incident, the California State Legislature enacted California Penal Code Section 417.2 which makes it a misdemeanor to draw, or exhibit, a replica firearm in a threatening manner in such a way as to cause a reasonable person apprehension or fear of It (1(1 l_I_V t1T Ml. ti1TE:P to?YP _C n(lw CT aTP ICf~1NlaYlnn nn Yho subject of use of toy guns or replica firearms, it would seem a useless act for the City to place such a provision in the city Code. Accordingly, the only areas worthy of investigation at this point in time concern the manufacture or sale v: toy guns within the City of Rancho Cucamonga. y~~ Memorandum to Mayor Dennis L. Stout and Members of the City Council o_ the City of Rancho Cucamonga May 23, 1988 Page Two of toy guns. status of legislation on manufacture and/or sale San Bernardino County as well as some others have enacted ordinances making it a misdemeanor to manufacture or sell toy guns within a jurisdictional limit. San Bernardino County has done so as has the City of Los Angeles, the City of Santa Monica and some others. However, there is now national and state legislation being processed which would cover the same area and render any such City ordinance either moot or preempted. The State Legislature now is considering two bills on this subject. The first bill is SB 1795 being sponsored by Senator Roberti. The bill would make the penalties on brandishing toy guns greater than now exists. In addition, the bill would subject persona who manufacture, sell or distribute toy guns liable for civil penalties of not more than $10,000.00 per violation. Some exceptions have been worked into the legislation providing for use of toy guns for exporting in interstate and foreign commerce, for use in motion picture productions and so forth. However, distribution, sale and manufacturing within the state generally would subject persons to penalties. The second item of state legislation is proposed Assmembly Bili 2687 which has the same basic effect as the Roberti bill except for the fact that it would allow the manufacture, sale and distribution of firearms which are clearly color«~d to make it plain that they are toys and not real firearms. Some law enforcement officials prefer either the Roberti bill or AB 2687. From What I can ascertain, it appeax•s that the Roberti bill has a prognosis for passing the Legislature this year. Finally, Senator Dole has introduced a bill which would require any manufacturer of tcy guns to have a "blaze orange" plug permanently attached in the barrel and recessed to a certain degree so as to distinguish those items from real f irediiii5. As a general matter, it is my view that any city or county attempting to place a burden on the distribution or sale of firearms could constitute an unconstitutional act in violation of the interstate commerce clause of the United States Constitution. In fact, that argument may ba levied against state legislation as well. It seems to me that it is not sufficient to indicate that a gun manufactured within the State of California may be done so legally only if distributed / / Memorandum to Mayor Dennis L. Stout and Members of the City Council of the City of Rancho Cucamonga May 23, 1988 Page Three to other states. A long line of United States Supreme Court cases has indicated that if a sale is made in a final point of destination, that sale may not be controlled without Federal legislation as even controlling the end use sale interferes with the distribution of products through the interstate commerce system. Fina'_ly, included in your materials is a memorandum from the Sheriff's office essentially advising that we take a "wait and see" posture with respect to these matters pending the close of the current state legislative session to see if the state occupies the field in attempting to control the sale and manufacture of replica firearms within California. This office agrees that a "wait and see" posture would best serve the City at this point in time. This is true because the brandishing or misuse of toy guns by persons possessing them already has been rendered a misdemeanor under state law and we continue to doubt whether a city can legitimately and validly control manufacture and Bale in view of the interstate commerce problems. At a minimum, we think that matter should be tackled at the state level to see if it wnnld withstand an atf~ank hasod nnnn Fcdcral !`nnafih,l~i nnol grounds. We would be happy to answer any further inquiries on this subject matter which occur to the City Council. JLM:sjk Encl. 5\131\MSTOUT\RC 10.9 y~~ FaeE i (11(1 i~l 30 F i• '; k 'V p. r ~~ a`€p~ _~7 ~~ •' _• u Y~ i § air Nob H ~Twe Wrnd.nt rr c°omma ,n Vwan wunw a ax wob. aPdlr AVm w.py.. ore y,r„g. fuurm, uh,bmN 6,mm mtl vww„m M, mawwbk aYUe.-fdonN nwr wlr 4uuw or111)tui uwa M°rtanN+ cwle ..w ee ]o,.,wJ ,nw w, Awlm reu°h P'9c°rlmP mWnN in a,urtym M ewull v,W audlY wrp°° w • ru¢ ol6m, IW agpepw. mmwwn em K ~_.y.._ . _:.~ ro,. op... rokxa 119)61 IYJ Cw 0.Mr. 129. H9 P is ISlf, i 1 Gkl B oNrnng ss+:wwP :mlaw*] fo- mwl awn . a..dl. r vw w .o,s „rt b: mag . 6,em. w,twog u~felw m mn~m~ 9f rwaabEle (vwm W "GK :° m nett o snwhu But mu¢u1 Mu or C xr mNc~m, p . ou. p,u~yy°P u, oh :<,krrndam (:rm fi. ruruNl htgl,vry ptmirmav vNle he wr MnnN ^nK • r tl PHNAI, CODs °ntwr .....ve b® m]wy a sera °ah M oemr.ra r`wt^ mu WNn.hip, rya rmtmn dd nr. wwaamwad ° ~ °^ v°wnmmc le Mxd®oaw oRmr M Wrbang . awry AWa a ywwhable by impruwPent m ~ ou,m: M °~r~gry°g monu._ unlmcn .um pn.°n , m ^,~r, , ~, r:.'e w Rot. E]. t] ,. A u .9q otraw„rr,<w xaavbnaa.norgw. umgnnw w]w. :ne „rem wrn ,n :° IryY yrM ,,,,, .n rm woke Wvt mule W t °oe Pvavament amN,aglr. ana aMad.nt ^~ ~.Ihat amwnm,M. w~ ~m.rw wnwt. e~a,btln ~ WI th aealr P)u. bnmY. W e e rMtem ,n . Wmwmg mamv. tw <! more nom nxa m tr nowW Pmpk r Fuuc 19p1 125 GL0.gr A11, 9 CA.M ap $ 417.1. Drawing or exhlbltlnR firearm in presence of reaene or suailluy puce ofDter fivers person who. in Ne immediate presence of a peaze officer, dnwe or ext,ibits any lireeml, whether loaded or unloaded, in a rude, angry or threatening manner, and who known or reasonably . F.euld know that the vlctlm is a peace offeer engaged in W¢ performance of his or her duties, and the peace officer w engaged m the p¢rformente of hie or her duUea ie guilty of a felony punishable by imprisomnent in We couch Jail not m exrnd one year, or in the ahte pnrsn As used in Wir section. "peace offeer' refers to any person deeigcated ae a reserve or auxiliary sheriff or sty police officer. or a deputy sherJ( pursuant m 3ectan 6611,6. (Added by Smn.I962. e. 169. p. 5l1, 4 IJ I~P> Renreaaea u a. waMm. f n $ 1111 NePIra of • firearm; dewing a <xbibitlry ,m k,very person woo, except in aeI(defetwe, draws or exhihita a replica o(a firearm In a threatenng mmner agauut another m Hoch a way m to sauce a masonahle person apprehension or (ear of bodily harm w Rutlty of a lniademeavor. 161 Aa used In rhis semen, "n replies o(a firearm" meavg say device with We apparent capabildy of expe0inq a prujerGle by the forte pf air nr an exploaron and whch is reaeovably peremrtd by ~¢ ycrson agxlrct whom the device u dawn or exhtbrted m 4 an actual fuearm, mcludmg nmga ywt°la avd sir guns. (Added by S,sta.l9R7, c. 69'1.4 LI 4 JV.3. Dewing nr exhibiting Drcerm iv prtaene o/ moor wehide weupan4 WrtiJrmrn! Every person who, except in self-0efeNx. In We presence of any other xn<n who ie an ncmtpant of a motor vehicle pr.rredinq nn s pnblk street nr hiRhway, draws or exhtLib avy firearm, wheNP loaded m unloaded, m a threnterdnq manner against another person m suth a way ea to dune a reasonable person apprehension or feu of bodily harm ie guihy of a felony punuhabk by imprisonment In We xtate prison far 16 movthe m two or three Ytara nr 69 tmpriaoament far 16 months nr two nr three yesn and a three thousand dollu 173,py61 fine. lbthm¢ In rhis cnr4n< shall pred!:de or ymhbit pman¢uUUn under any oNer statute. tAddrd by Jtab 16n7, r. 1433, d 1.1 9 417A. Inten4unal1l InDktlag serbva bodily fnJuq; dewing or exhibiting firearm or deadly wespon; Wnlahmenl (a1 If, in We comtnuaion of a oblation of Secfion 417, d17.1. or 417,g~ serious bodily injury u mtanW:rally m(licted by the penes dnwivg or exhibiting the firearm or deadly weapon We offevae shall be Puvwhed by tmpneonment b the mush lad not excaedbtg one Yeu or by tntpriaenment m the ante prison. As aeod m Win aemon, "nerioue bodily Wryry" meow a serous lmpsvment of yhyslral cnndmnn. mdudnIR, but rwt Ihnihd m, We folbwinR: lone of rnneclouaneea; contuuion; UMwlyb hMloatn plurBVaa a tsWNIMa by antarsdltl~d 322 V. Um IoJ t nn n,a Sec dzz 422. 122. 422. 4 !% Ix In)tu en]o by t. anez Nk r. !' , /A PE.~~I, CODE § 422.6 bone fracture: protractod loss or 'unpairmen[ of fuvction o[ avy' bodily member or organ: a wound requinng extemive au[IVing; old serious disfigurement. Ibl When a pesos la corrrcted of a viole4on of See4on dl], 41].1, or 41].8 and the deadly wenppn or firearm used by the person is owned by Nal person, the court shall order !hat Ne weapon or firearm be deemed a nuwance and dupoaed of :n the manner prosided by Secmn l?028. (Added bY' Fau.19A?, c. U2. p 45i. 4 2.2.1 ipg3 Leak4tbv tAr,rr Rereevrn Addrtlon MtMe +aumlM}§=.3J.:6 or 5uu 19BZC Wapau of%([I IQ, P ~~a. ru1M In Keane nprr,trve un0a the pmvnlma CIS Wrawm { I S n xq ^r e • ^r mn wri. § 4V.8. Drawing or exhibitin6 deadly eeapon with intent to resist or prevent erteet or deMminn by pears offittr, punishment Even' person who draws nr exhibits any [firearm, whether loaded or unloaded. or ocher deadly weapon, with the mtenr rp reast nr preeem, the arrest or detention of himself nr ano[her by a peace officer shall be impnsoneC in Jhe s4te Anson for two, three, or four years, (Added by Sid's 19A2, c. 142, p. 459. ¢ ?5.1 § 41 g. Forcible entry end deWner. ezceplion ds Rercum Property owneYr lubiny !or fnrcrd< mvy, rr~rdkr d Naemleelor vm4ilm or rho mwn ahik rummnunp stk. 119%al , gas Dwgo L.0.ev 16l ,ct «411ve to IhrWminl c n[pm. ellryw or rnfm. m,nt. wnWmrnt. u<g lao ~ law Rerln cMMr.nes Pdmu m «ni lombk m end Aenner Ln M UnnM Sole ,M LngbnA 110'rfl) :5 C C L A law Rev IOfir TITLE lla. TERRORIST TRREATS [REPEALED) Tvle ll..i, nddrd h+! Statv.1A^, c 1146, § 1. mrugetinq oJ64 444, 444.5, u•ar rcyenfed Iry ,SIa 4.1987, r. A: A. 4 3A. §§ 422, 422.5. Repealed by 544.19g]. c. 828.4 28 The rrye,M uf0~tm, uWN by 5uu 19^. [ I i16. 4 I. Aecnlvl rM1e felony or '.<nnnun8 ,^^ther isms nIE tln final Imnn:eE TITLE 11.8. c[vtL RIGHTS [xEw; &rtinn 422 6 Interference with exercise of crud nghta damaging pmpetty', punishment: speech 422.] Aggro'aung fartnrs for Vvnishment. 422.P. Prmecueians not limited 4229 Pinla[ions of oriun; miademeanorl second and svbeequent violations', reeponeibilky for rnfnrcemen[ Trl(r 11.5 um added by Slo4.798J, !. 14/l. § 6. l22.g. Interference with exercise of coil righ4; dema{Ing property: punishment: speech lal hb person. whether nr not acting under color of law, shall by force m threat of force. willfully m..toro .. .,.r.... ,. . •, enlnyment of any nRht or pm'lle ern ,,,.,,.>.. ,.. rn....r<^ ^.v ^rn.. ,V..a~., „ ino rw avaease n Re secured to him or het by Ne ('uneNution or Ewa of Nis state or h'; the fenutitntmn nr laws ..f the I'nited 54tea berauee of Ne other petrmn'a race, mbq r<IiRwn. ancextry, naUOna nnKm, or sexual nnan4hon. 4tarlaka IrWkatp dplalbM by arlnrsdmpnl 323 1. / {~~/ ~aarD of Sur~eruisarH ~[aunt~ of San $crnarDinn BARBARA CRAM RIORDAY SUPERVISOR THIAO O~STRICT SYLVIA ROELFS ~iE1.0 Rf TESLNi•tlVf MARIE TEETERS FIELD PEAEff RiRiiVF ED O W EAL FIELD RIFRIfEYi1-Vf April 6, 1988 The Honorable Dennis L. Stout Mayor, City of Rancho Cucamonga P. O. BOx 807 Rancho camonga, CA 91730 DearM or Vou have no doubt seen recent news accounts of several tragic incidents in which youths, carrying toy pistols, were killed or injured by police officers who mistook the toyz for the real thing. On April 4, 1988, the San Bernardino County Board of Supervisors took a giant step forward in attempting to prevent future tragedies of this kind bypassing an ordinance banning the sale of replica firearms in the unincorporated areas of the county. The Board of Supervisors would like to see each of the cities in San Bernardino young iouow su¢ oy aaoptmg an ortlmance of its own to prohibit the display- for-sale and sale of replica firearms. In turn, the State will hopefully adopt a law in the near future which would ban the toy guns throughout California. If we can be of assistance to your city in adopting an ordinance to meet this objective, please do not hesitate to call on me. Thank you for yourcooperation. Si rely BA RIORDAN Supervisor, Third District Attachment (Ordinance) ,,.- «: Members of the Board of Supervisors ~7'~'"T SEn MmwEM,o CDUnrv Govrmmw~t CEntx •196 None An~ b Avfnw • Sn 9MnMEim, CA 93d13-0110 • 177d1 O~r~N66 • I7I11919~f060 3 4 S 6 8 9~ ~Q 9 p{9~ 5~ V 1'~i 05"" +~ 10 1? 13 14 IS 16 17 18 19 ,0 :~ 23 2a 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 23 29 AN ORDINANCE OF THE COUNTY OP SAN BLRNARDIND, BTATL OP CALIFORNIA, ADDING CHAPTER 11 TO DIVISION 7 OF TLTLE 2 OF THL SAN BLRNARDIND COUBTY COALr RELATING TO A PROHIBITION O! DISPLAY !OR SALE AND SALE OF REPLICA FIREARMS, AND PENALTY FOR VIOLATION THEREOF The Board o! Superviaor^ of the County of San Bernar- dino, Stau of Calitorni s, ordains a^ lollows, SECTION 1. Chapter 11 i• added to Division 7 of Title 2 of the San Bernardino Coun[y Cod• to road as follows, CBAPTSR 11 Replica !!teazle Sectiaos: 27.111 Replies lirearss - Display for Sal• and Sal• Prohibited 27.112 Penalty for violation 21.111 Replica Flnarae - Display tar Sale sad Sale Prohibite4 (a) No person shall display for ealo or sell a replies or tees! ^il• of a ti Wars within the unincorporsted aro o! the County. (D) Ae used !n this chapter, the caning o! the earn '!!rota" shall W the ease as the aeaning of that bzs under the "Da naaroua Naawna' Control Law" located at Saetlor. 12000 :t :eq o! the Panel Code of the State of Calilornia. A "replica or tar eia11• of • lir~an" shall include any device or object sad• of plastic, wood, petal or any other material, which can reasonably be perceived to be an aatual !!testa, but i• not an actual tire- ~lan. Such ten dwe not include any non-tiring replica of an SAH~fd 03/28/88 ~ ~~~ ORDrepli ca ~~a V~~u e'77 ~g" x~ tl I antique liraara, the original of which was designed, aanufactureP = end produced prior eo IB98. 3 < 27.112 rurally tar Violatim 5 Any person, corporation, lira or auocietion of per wns 6 who violats• the provislone o! eh i• chapter shall b• guilty of a 7 ai•d•aea nor, punishable in acrordance with tha oroviaiona of § 8 11.021 0! th i• code. 9 10 II SECTION 2. This ordinenw shall take effect thirty (30) 13 days frog the date of adoption. 14 13 /%'~sG IS 16 a raan I~ Board o! Supervisor^ Ig SIGNED AND CERTIPILD THAT A COPY OF THZS DOCUMENT HAS BEEN DELIVERED 19 TO THE CHAIRMAN OP THE BOARD 20 MARTHA M. SCUDDEa. C7 ark of ch. 21 Board of Supervisors 23 `4 TATS OF CALI FORHIA ) 25 ) q. 26 COUNTY Or SAN BERHARDINO ) =~ I, MARTHA M. SCUDDER, Clerk Of the Board of Supervisors :g o! the County o! San Bernardino, State of California, hez•by car- tity Chat at a regular aeeting o! the Board of Supervisors o! 29 ^eid County and State, held on the nth day of Aoril , 30 1988, at which eating were present~upervisors: Jon D. Mikels, „Bat=ara Cram Riordan, Lnzzv Nalkaz, Robert L 8mmcock. John Jov^:r 31 32 en e • •r • orego nq or nance was pass a a opc y the following vote, to vita 33 34 AYES: BUPERV ISORBa Mikels, Riordan, Nelker, Hammock, Joy 35 36 NOESa SUPERVIBORBa None 2 3 4 5 X90 F~SQy y~ Y 5_ Vx3 ABSENf~ SUFERVISORSe None ER MITHESS MHEREOF, I have hereunto tet ay hand and affixed the official seal of the Board of Supervieor• thie qtp day of Aoril , 1988. 6 7 8 9 10 I I'_ 13 14 IS 16 17 IB 19 20 21 2'_ 23 24 25 26 27 28 29 30 31 32 33 3a 35 36 ~~.r~ ~~ O~v+R MARTHA M. SCUDDER, Clark of the Board of Superviaon of the County of San Her~etdino, State of California A4 puty "-~~~ ;. r I, ~; -.< ,'~~' `~ E ~. .~ nL 666 F66 Issue Brief Replica Firearms: Innocent Toys or Realistic Threats? by Da-rell N?plams end Nancy Minter onx. aMo,~wRn~ savioss tJnHonaY Lam o/CilMa Y301 PmnsyA~anla Avg„ NW WasAhpwn D.C., 2b004 ~.~~ Y~ J~nuery, Y98A yea Across the nation, the situation 1s becoming all too familiar; policemen are accfdenLally shooting or confronting Individuals posseszing realfstic toy guns. Perhaps the most publfclxed incident occurred last year in Rancho Cucamonga, California where a teenager, while playing with a laser-tag gun, was mistakenly shot and killed ~y a Sac Berrad!re County deputy sheriff. As a result of the increasing incidents involving realistte toy guns, a number of munteipaitties are passing taus, or seriously considering legislation, which prohibit the manufacture, distribution and/or sale of °look-alike' toy guns. To date, three California cities--Los Angeles, Burbank, and Santa Monica-_have passed ordinances regulating these replica ii rearms. These ordinances took .effect on January 1 of this year. Ail three ordinances define these facsimile firearms to essentially the same terns: any device or ooj wck m•uw vi pi.; Y.c, ..cd, q-__'., _. any other material which 1s a r+plt w , facsimile, or toy version of, or is otherwise recagnlxaDle as a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm and shall include toy goof, morte props, hobby models (either in kit form or fully assembled), starter pistols, air guns pellet guns, BB guns, or any other device which might reasonably De perceived Lo be a real firearm. These cities' ordinances state that na person shall offer these devices for sale. Burbank allawf the sale of replica firearms whose distinct color, exaggerated s1xe, or other design feature obviates Its inauthenxicity. Los Angeles Dana the unufacture and marketing of these coy guns, as well as their sale, unless they are sold solely for y~~ z subsequent transportation in Intrastate, interstate or foreign comeerce. A week after its passage, this ordinance was amended to permit manufacturing, marketing, distribution, and sale for lawful use in theater producttons. Bur6ank's law also proh9Dlts the brandishing of a replica firearm ezcepE In salt Gefanse a.^.d speci!!cally bans cha drawing or brandishing of such a device in the presence of a peace officer, firefighter, emergency medical technician or paramedlt engaged fn the performance of his or her duties. Additionally, the city of Detroit is currently holding public hearings on Its proposed replica firearms ordinance. This ordinance in its proposed version differs slightly from the California ordinances. First, 1t excludes smooth Dore rifles or handguns designed and Manufactured exclusively for propelling BBs not exceeding .177 caliber by mans of spring, gas, or air. Second, it bans the placement of an Gaveriisemenc in •n n~wS - - "~'~ ~!wA M 11 e~nn nnaLr, other 7 Y~y~. , .y._..... publ}cations, or other advertising media, where the purpose of the advertisepnt, 1n whole or In part, 1s to promote tM sale of objects designed and manufactured as replica or facsim9le firearms. Under Detroit's planned ordinance, any person who is convicted o7 violations of any part of the law shall be deemed guilty of a misdemeanor and shall be punished by a floe not to exceed f500.00 oar les than , f100.00. The ordinance was Introduced Dy council president Erma Henderson, who Stated a concern for cur preoccupation with weaponry and what she views as dangerous toys, with kids playing 1n a 'culture of violence,' Tha proposal 1s supDOrted by the Michigan Sheriff's lssaclation and the Michigan Merchants Councli. Final action 1s ezDected /~~ 3 ,n tht very near future. B esides.generattng a response at the local level, this issue has stimulated interest from both state and nattanal public officials. to particular, Sen. David Roberti, president pro tem oT the California Senate, recently intradu ud a Dill that would ban the manufacture, distribution, and saie of repitea Ti rearms. :` aoa::ed, :+,olators xoald be charged with a felony. In the United States Congress, Sen. Robert Dote (R-Kan) has introduced a bill (S. 1981) which would regulate commerce of toy and other imitation firearms. Doie's bill does not include pellet firing atr guns, BB guns, or collector replicas of antique firearms. The bill is intended to impose a Federal rtqutrement that the devices must have a 'Dlaie orangt• plug permanently attached in the Darrel and recessed no more than six millimtttrs tram the end of the garret. Mhilt lawmakers continua to tackle the issue, private interes4 groups are beginning to take action on their own. Tuya 'F" Cs, :at., c:~:r national toy retailer, announced last fall that tt rould not carry tby guns, unless they art made to look itss realistic. The International Association of Chiefs of Polict has writttn to toy manufacturers across the country encouraging thn to add identifiadlt markings to tht toy firearms they manufacture. Tht Daisy Manufacturing Co. is one of the ffrst toy companies to plact an orange tip on its products and othtrs are i expected to follow their letd. y~~ 4 MPENDI(kS: SAiBLE CITY OROIlLV~CES I. Los An;eles, California II. Eubank. California IIY. Santa lbnica, Gliternia lY. Datrnit, MLeAi~ (Pxoposad) ~9~ 5 APPENDIX I. LOS ANGELES, CALIFORNIA ORDINANCE N0. 163002 MHEREAS, the sale and possession of replica firearms has proliferated in recent years in this community, and WHEREAS, such repif ca firearms cannot be distinguished from actual firearms, and WHEREAS, when such replica firearms are perceived as actual ti rearms, fear and dangerous defensive actions result, and WHEREAS, the publlc safety is endangered by the manufacture and sale of replica firearms, and MHEREAS, state law currently prohibits only the brandisAing of such reDlfca firearms, NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLONS: Section 1. Chapter Y, Article 5 of the Los Angeles Nuniclpal Code is hereby amended by adding a new section 55.09 to read: REPLICA FIREARMS - MANUFACTURE AND SALE PAOHIB(TED. (a) Except as provided in subdivision (c) of tM s section, no person shall mannfar Nir~ Ai,nlsv swL.• •._ -.. --~~.. ... .:~:, v.a.i ,i, .,~a u, aa,l • repllCa er facsimile of a Firearm. be the same)asstheemuntngiolSthatot~rmhundernthe 'Dang~ruuimMeipani'~mControl Law' of the State of California, and shall include air rifles, pellet guns and 0-B guns. A "repFi a or facsimile of a flrearm' shall include any device or obJect made of plastic, wood, meeal or any other material, wM ch can reasonably be perceived as an actual flrearm. Such term does not include any nonftring replica of an antique firearm, the original of which was des/gned, manufactured and produced prior to 1898. (c} The manufacture, marketing, distrlDution and sale of replica or facsimile firearms are permitted tf such devises are manufactured, marketed, distributed or sold solely for subsequent iransportatlon in intrastate, inter4tatG Or fore}an Lvamerce. $,iEh deri r_es ,hail nn• w. w,..,....w . .~_ general publlc ar sold for use in the City of Los Angeles, rogirdless~of~ where manufactured ar purchased. Section 2. It shalt be the policy of the City of Los Angeles to endorse and to encourage the enactment of state and federal legislation consistent with Section 1 of this Ordinance. ~~/ Section 3. The City Clark shall certify passage of this ordinance ,..d cause save to be Dublished 1n soave dally newspaper printed and published in the City of Los Angeles. I hereby certify that ehe foregoing ordinance was gyassed by the Council of the Ctty of Los Angeles, at Its •eeting of 8ece~ber 1, 1987. ELiAS MAATiNEZ, City Clerk. yf~ 7 ORDINANCE N0. 163003 An ordinance DermiLting the tanufatLUre of repli a firearms for use in moving picture, television and theatrical productions. MHEREAS, the City Council on Deteaber 1, 1987 adopted an ordinance prohiDi tfng the manufacture and sale of replica firearms 1n the City; and MHEREAS, a Lechntcal correction is neede6 in the ordinance 1n order that the notion picture, television and theatrical industries may continue their own manufacture of such replicas for use in thefr productions without frustrating the purpose of the ordinance; NOM THEREFORE, THE PEOPLE OF THE C[TY OF LOS AN6ELE5 DO ORDAIN AS FOLL045: Section 1. Ordinance 163,002, adopted December 1, 1987 adding . Section 55.D9 to the Los Angeles Municipal Lode and prohibiting the manufacture and sate of npli a firearms is hereby amended at Section 1 of the ordinance at thae portion identified as (c) of Section 55.09, said amended (c) to read as follors: (c) The manufacture, marketing, dlstriDution and sale of replica or facsimile firearms arm permitted ti each devices era manufactured, marketed, distributed or sold (1) solely for subsequent transportation in intrastate, interstate or fo ni~n^commerce, or (2) solely for larfut use in theatrical ^^~~^~!,-,^• ~.t, ~~ ^ ~_.~,^. a1 _~o~s r.1 w~<Inn anA <ran• nMAu~tinn<. Such devices shall not be displayed to the general public or~sold for other use to the City of Los Angeles, regardless of when manufactured or purchased. Section 2. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some dally newspaper printed and published 1n the City of Los Angeles. I MnDy Certify that the foregoing ordinance vas passed by the Council of the City of Los Angeles, at its seating of Decuber 8, 1987. ELIAS MARTINEZ, City Clerk. ~9y • Nwaikac 7, 1997 ORDSN]S7CE NO. 3085 err=•~~ ~ ~ - .~~baaatitn (a) alt. 1/1/ee AM ORDIN>\lICL OF 17tE covNCZL OP T~ CITY OF SDR8aN1C 11DDING SECTION 30-37 TO TRL 80R8aNM MONICIFAL COOL, RLIaTING TO TRL pRO8I8ITION OF SHL SaLL 111fD HRaNDISRINO OF REPLIG OR F1ICSIMILE FIAF.1Rif5. City attoraay~a Syaopsia This ordinance prohibits the sale of replica and laesisila liraaass, including toys, awvia preps, and aodals, within the corporate lisits s! the City o! Burbank. 2n addition, this Ordlnanca prohibits the brandishing o! replica or laesiaile Plraarss: (1} Ina -~rutaninq sanner with the infant to frighter. another parson; and (2) In the presence of say public salaty officer engaged in the partoraanu o! his or her dntias. THE CODNCZL OF TAE CITY O! B[JR871NR ORDI~IIlSt 1. Section 20-21 is added to the 8urbuilc Municipal Coda to read: Sae. 20-23. Aepllea 7lrsarsa. (a) pROBIHITION OF BELL. No parson shall display, aarkat !or sale, or Sall any replica er laesisile o! a tiraara is the City. The prwisioaa of this snbsaction shall not apply Lo say replica or tacsiaila lirears which, because of its dlatLzeL color, ~~aagqgqaratad sisa, or other duiga feature, cannot reasonably ba perceived to ba a real liraara. fbl 8R71NDIERINNG. IDceapt is salt delaasa, ao shall dray, tlm1a1L, or brandish a replica or tees • of a tireaa or sianlate a lireara is a suds, angry, or threaeeainq aaanar, vlih the Safest W trlghten, wa, harass, or ague! w7 other P~~• (c} 8R7111DLRICfllG ~- RLpLIG P1nLamt I1t PRLLa1Ci or a paslsc sarrnr orrsme. No parson shall dray, e>~Sbit, or Drandlah a replica or Laealalle of a 4lraara or siaulaSS a lireazs Sa the presence of peen otter, !ls+Zighter, aaasganry asdioal techaiciaa, or paraaedie angagW in the peztoraanee of his or her datlu, and the parson Cassi~ing such brandishiq knows or has deal knew that web polies oltiear, firelighter, asargancy- taehnieian, or paraaadic is engaged in the perlorsanee at his or her dntias. {dl DEFINITIONS. __,_- ~~ ~~- ^~~_ w N ~-w..w -FiNara' ehal1 haws cha aaii 6:aua,y . ----- under the Dangerous Naapons Control Lev e! the State o! Calilornia. OROFIRFIWMS 9/21/87 kab S'~ 9 •Rapilu or tapiaiie o! • liream" shall seen any device or object Tads of plastic, vood, fatal, or any other aatarlal whit: is a replica, laesiaila, or Wy version ot, or is otherwise raeogniasbla as, : pistol, rwalver, shotgun, sawed-o!t shot gun, rilia, aaehina gun, socket launebar, or any other ilraass. As used 1n this saetioa, •replica or Lacsiaile et a firaara• shall include, but is eat lSaltad to, toy guns, sovia props, habbY swaels (either in kit toe or lolly asseabled), atartes pistols, aSr guns, iaoperatiw flraaras, or any other dwiu which eight reasonably W perceived to be a real tirears. (•) EFFECTIVE O1-TE. bacop attiictiva or enfotesabola(antii this Sactioa shad not nary 1, 198a. ~. The Council bade Chet lhie ordinance Ss nseessary for the preservation of the public healtA and safety in order to discourage sad prevent assaults abd threats on parsons is the coaunity tbrvugh the use of replica or tacsiaile lSsearas next the siaulatien o! tirearas, ]. 1t am/ pswision of Lh1s ordinance or airy apylieation thareot to say parwa or eire:a~stanee is Raid invalid, such invalidity shall not atlseC other provisions os appllutloa of this osdinaeae which cab be givsp sliest without the invalid Od nano oaraa~ldaclased to ba aaverabla~ ~s yraviaions o! this ~. The City Clerk shall certify to !Ae passage o! this Osdle:aekte and cause the title, nmeber, date, and synopsis of this OrdSnsnce to ba published onp Sb tAa Durban)c Lsader. s. This ordinance ahal7. becw~aa etfeetiva at 11:01 A.M. et the thirty-tlrst daY alias Publlaation. - PASa7;D anc Awilraw `.~~! T. deY OL SeDtudar , 1907. _ a/MkMe1 k. 14~ftieRf X11 -ehaal A. 8aetaags Mayer et the City o! anrbae:k Attest: aMarie L. Ma:eer tierce L. Maurer, City Clark 2. s o/ ll APPENDIX III. CA: RIQl:nW336a/hpu ' City Council Meetlug 11.7-a7 Santa Konica, California ORDIEANCE NDlD1EA 1~27(CCS) (City Council Series) AN ORDINANCE 0! TEE CITY COONCIL O! TSE CITY O! SANTA MONIG ADDIEO SECTION 7517 TO THL SANTA 2~NICA MDNICIPAL COON To pE0ffiEZT TNL SALE 0! REp'iSG lIREARILS 4I8EREA3, needless lose oL 1lte, including tLe lives o! children, naa occurred aesoss the united States due to toy guns being a:istaken toe zeal gunsi and • NHEREAS, the availability of replioa tlreazar in the City endangers the safety of Yovng people in enr oaaaunityl and NNEREAS, the pzohibltion et the sale of replica firurau - auy lead to the proven;ion oL injury or loos of 11le, A , NON, 17~TOAE, T86 CITY CDDNCIL 0! TNL CIT! O! SANTA NOttIG DOES ORDAIN AS lOLLOMSs BECTIOR 1. Section ]Sid ie added to the Saute Konica Nunieipal code to read u tolle:sa: ~ SECTION 7513. Eeplloa Tisearlu. (a) Def efti .. !os parpoeu of _ this Section, the tollaving vords and phrase shall have the follovinq aaanings: j tl) Emolion ~ireera. device or object Bade of plastic, wood, aetal, or any other saterial vbieh !s • lacsisile or toy version ot, or is .( i J ~o~ iz ' ~ oeherria reeognlsabls u, a pistol, rerOlYer, sbetgntl, NYed~01t ehotgnll, rifle, aaehias qm, socket launcher, or say other titan and shall include toy gone, aovie preps, hobby atodsls (either 1n kit Yore or fully assesiblsd), starter pistols, aiS rltlu, pellet guns, ED guns, or say other dwies rhieh sight rusonably be perceived to b• a tirura. (1) Zisalra. All !teas included in the aaninq o! firsara ae delined Sn Title 1 of Part { oL the California Pena! Code. (b) pmhibitien of sale. No parson in the regular coarse of bwinus shall oftar for ale or all anp replica tlreaa. lECTICIf 1. auy provision of Lhe lama uoniea Eualeipal Code or appaodiess thereto SnoavteisGat rith the provisions of this Ordinance, to the srteat oP sneh ineaosistsneiu and no further, are Mreby repealed or aedltied to that ertea! necesary to affect the previsiew et this Ordinance. _ lECT20N ~. Et any section, subsection, ssntenes, claws, oz phraao et Lhia OrdinaLee is foe any raaeea held S2 be imra3id or unconstitutional by a decision et any court of any ccapetent jusisdietion, suet deei/ion !hall not affect the validity of the resaininq portions of this ordinance. The City Council hereby So3 13 '~. daclaru that It vwld haws passed this Ordtnanea, snd aaeh and ovary aaetion, aubaaetion, aantanca, claws, or phzasa not daclarad invalid or nneoaatitntional without zagard to vhathar any portion o! eha ordlnanea could b. subsaquantly daelarad imralid oz uneonatitutional. SLCTI0IY i. The Ihyos shall algn and the City Ciazk shall attaat to the pusaga o! thla Osdlnanea. The City Clazk Mali caws the sass to ba publlMad once in the o!lSeial nawpapar within 13 days atlas Sts adoption. This Ozdlnanu shall bacoaa attactiva attar 10 days troy !L adoption. 11PpitOpbD ~ 1b y0A1l: ~.~ M. Clty 7lttornay 5"b ~ is l-dopt.d and appro7/ad thi.\ 24tH day 4t Noy~aber, 1917. S hereby Certify that \thi toregolny Ordinanq No. 1427 (CCSj va. duly and regularly in oduced at a aeatinq et the City council on the loth day of Move.Mr 19971 that the acid Ordinance sn. tberufter duly adoytad at a Meeting of tbs city council on the 24th day of NoVe.ber 1907 by the lollorinq Comical votes Aye.: Couneila.abers: yink.l, Janniiiq., a. Nair, 8. Fats, 2an., Mayor Conn Noes: COO}lC1lMYbarai N.ed Abstain: Comicilaabsrss Nate Ab.ent: CannCllsaabtr.s Nona A1TlA?s ~~ IS '. APPENDIX IY. DETROIT. MI (PROPOSED) - EDMMAET AN OED INAECE to wand Chapter 3E of th• 19E• Datzoit Citp Ceda by add lnf lrtiel• IVI. Er pl iea 1lrur~at Eaetlena ]l-lf-1 tbron{b ]d-16-p prehlbltlnE th• po uaulen, eels, •nd aderrtlalnE aP replica ^ad Paeainil• lis urns, lnaledinE tope, tbaatrieal prodnetion props, and ^odala, rltbin th• eorporat• linlt• od th• Ciip of Datrolt aed ••tabllahu paoaltiu Los eiolatlo n. In addition, th!• Osdin•ne• prehibita th• bsandiahlnE of raglica er to ai~il• tiro aa, (1) In a ehraa NninE unnar vit6 latent co friEhtaa aaothas pnraont and (1) In th• pro ane• eP anp public satatp ePtic•r •oEa{ad In tb• parteraane• of b U or bar duel... lz/z/e~ (rasi ud 1/12/{d par Ceaneil En uareb) (raeiud 1/2E/tEpar diaenu ion a/JadE• Eraanan) D~ s Vii-6 9.42.010--9.42.020 as set forth in this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting mari- juana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to incest or inject prescription drugs, and including roach clips, is declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Prc.:~:lure of the state. This remedy is in addition to any other remedy provided 6y law, including the penalty provisions apolic able for violation ..f •Y.e Ve...n~ ...i r....i .. n~ ..f nl.i~ ...i.°. (~. r.i '1]9 i_ _.._ p_,,. _., _.. .. .. .. .,.. , 1979). Chapter 9.42 THREATS WITH REPLICA FIREARMS Sections: 9.42.010 Replica firearms and firearms--Definitions. 9.42.020 Unlawful acts. 9.42.010 Re lice firearms and firearms--Definitions. (a) As use l.n t is c apter, t e term rep ice firearm includes any device oz object made of plastic, wood, metal or any cther material, which is a facsimile or toy version of, or is okherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket la....rMe~ n1~Rn~ fir Tv 1'{lT• rP TT 1Q 113Pd Under the provisions^of Sections 12001, 12001.5, 12020(d)(1), and 12570 of the State Penal Code (b) For purposes of this chapter, the meaning o£ the term "firearm" is the same as the meaning of that term under the State Dangerous Weapons Control laws and includes air rifles, pellet guns or BB guns. (Grd. 405 S1(part), 1987). 9.42.C20 Unlawful acts. Every person who, except in self a ense, >.n t a presence of any other person, draws, exhibits or brandishes a replica firearm or who simulates a firearm in a rude, angry and threatening manner, or who in any manner unlawfully uses the same in any Eight or quarrel and causes the victim to reasonably believe that the person ~.. w.yall., naana9_-n of a .-a _M_P Fi rogrm ~ lilt .' _~ _. p'---- ope - - ~--'-y of a misdemeanor. (Ord. 405 51(oa rt), 1987). J V 139-1 (La Mirada 3/89) LO ORDINANCE N0. 4736 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 6.52.065 TO CHAPTER 6.32 OF TITLE 6 OF ^'•`"~ THE ANAHEIM MUNICIPAL CODE RELATING TO '+r.' BRANDISHING REPLICAS OF FIREARMS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FO..,.Ok'S: SECTION 1. That Section 6.32.065 of Chapter 6.32 of Title 6 of the Anaheim Mnnicipal Code be, and the same is hereby, added to read as follows: "6.32.065 BRANDISHING REPLICA OF FIREARM - PROHIBITED .010 It is unlawful for any person to brandish a replica or facsimile of a firearm Ln a rude, angry or threateainR mananer xith the intenx to frighten, vex, harass or annoy any other person. .020 Violaiioa of this section is a misdemeanor. .030 "Replica"•or "facsimile" of a firearm aS anou iu ii,ia ac~ii~u ~ - ~_. limited to, toy Runs, starter pistols, air Runa^and inoperative firearms or nay other device xhich ^iQht reasonably be perceived as xepresemtinR a real firearm." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby dsclares that should any section, pazaRraph, sentence or ward o£ this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such posilon ^s may be declared invalid. SZ~ OPDINANCE N0._ AN ORDINANCE OP THE CITY OP MOROAN HILL ADDING CHAPTER 9.06 TO THE MDRGAN HILL MUNICIPAL CODE PERTAINING TO THB PROHIBITION OP BRANDISHING OF REPLICA OR FACSIMILE FIREARMS. THE CITY COUNCIL OF THE CITY OF MOAOAN HILL HERESY ORDAINS AS POLLON3: SECTION 1. Chapter 9.06. Replica or Facsimile Firearms is hereby added to the Morgan HS11 Municipal Cods to read as follows: Replica or Facsimile Firearms Section 9.06.010. Replica Firearms--brandishing prohibited. Except in self defense, no parson shall draw, exhibit, or breixiiah a replica or facsimS le of a tirenrm or simulate a firearm Sn a rude, enpry, or threatening manner, with the lntanf to £rlghten, vex, harass, or armoy any other person. Sectlon.9.06.020. Hrandlahing of Replica Firesrm 1n Presence o! Certain Oflicers. No parson shall drew, exhibit, or brendlsh a replloa or facsimile o! a llrearm or simulate a firearm in the presence of a peace oiiicer, £irezightar, emergency medical technician, or paramedic engnged 1n the perlorsancs of h1a or her duties, and - 1 - "/ the person committlnq such brandishing knows or has reason to know that such police officer, flrefightar, smergenay medical technician, or paramedic is engaged 1n the perlormance of his or her dutiea.~ Section 9.06.050. DePlnitiona. "Firearm" shell hove the same meaning ea thm term "Firearm" under the Dangerous Weapons Control Lew at the State of Calilornie. "Replica or taceimiis of a firearm" shall mean am. device or object made of plastic, wood, metal, or any other material which Sa a replica, facsimile, or toy wraion ot, or is otherwise recognizable as, a pistol, revolver, shotp~m, sawed-o!t shot qim, rifle, machine gun, rocket lavnaher, or airy otMr firearm. As used in this section, "replica or fauimile of e flr~"rwn" "hall aanluA~ M.a• a" nM la..a•~A i.. a..... ~. props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably W perceived to be • real tirurm. SECTION 2. Effective Date. The proviaione of this Ordinance shell become etteatlvs thirty (30) days following adoptlan of this Ordinance. . ! . J ~v SECTION 3. Findinca. The C1ty Council finds that this Ordinance is necessary for the preservation of the public health and safety !n order to discourage and prevent assaults and threats on persons in the community through the use of replica or facs1m11• firearms and the simulation of firearms. SECTION 4. SeverabilitY. If any provision of this Ordinance or eery application thereof to nny person or eircueostancs is held invalid, suoh invalidity shall not effect other provisions or application of this Ordinance which can bs given sftaaL Nithout the invalid provision or application, and to this end the provisions o! this Ordinance are declared to ba severabie. ~~ ~~ - Rio eivu--i.ii aua,wa.wr. Violation o! this Ordlnanns shell b• a misdemeanor, and shall be punishable by a fins not to exceed o~.e Thousand CS1,000.00) Dollars and imprisonment in the county sail of Santa. Clara County for a period not to excasd •ix (6) months or by both such line end imprisonment. - 3 S~// Ths Soregoing Ordinance waa introduced at a ragulsr meeting of the City Council of the City of Morpsn Hill on the 18th day of November, 1987, and waa finally passed and adopted at a meeting of acid council on the day of , 1987. AYES: NOES: ABSENT: ABSTAIN: APPROVED: L1[Wa Eng 1 , Mayor 11TTPQT• Harbare A. HoNa , C ty C sr Z9:16,R. S/~- - < ONDINANCE ND. 87-23 7 9 io 11 12 13 16 1S 16 l7 1B a9 2l 23 24 25 za z7 2B 29 30 S1 32 AN ORDI;iANCE Of THE CITY 0i SNGLENOOD, GLI ropNIA ADDING SECTZON 5-19.1 TD ARTICLE 1 OP CNAPTER S OF THE INCLEf1006 MUNICIPAL CODE RELATZNG TO THE US6 OC REPLIG FIAEARM9. T116 CITY COUNCIL Oi TN6 CITY Ol INGLENOOD, GLIPORNIA~ Doss oaDAix AE rohroxa, EECTION 1. 9•ction 5-19.] 1• added to in• Inglwoc: Municlpml Cod• Co nad a [o11ac•x ^N•cticn 5-19.]. T1U16AT9 MITN REPLIG iIREAAlt9. Every p•aen vM, •xc•Dt Sn mQ1 d•t•nw, Ln tM presence of eny otn•r p•nen, daw, •xnlbib or brandi•h•a a r•pllca tira•a or coo •SaulaGm a tir••n Sn • rude, angry and enr••Nn1~NI m•nn•r,or eho !n any manner, unLCfuliy uu• [n• ease Sn eny Llqnt or au•rnl aM wn••• tn• victL to r•a•onably M11w• tMC CM p•aon !m aetwlly Sn pwaulon of en operable [lrua Sa guilty a:. mi•d•rnwr. A• umW Sn thia E•ction, tba bn r•pllca flrua •ha 11 Snolud• eny dwlw or abj •ct ud• of pl••t1c, cool, wtal or any other msUrlal cnlen L • Ae•im11• ar toy vn loo ot, oz i• otn•rvio r•aegnlYSb1• am, a pistol, rwolv[, •hetqun, •w•d-o t' aMiqun, rifle, m•chlp• gun, rxk•t launch.[, or eny otMr firan q that tea L ua•d under tn• prwUlon• et S•ee loos ~ laool, llool.s, laoao(9~(11, and lls~a of tn• afar. e•n.l coa•. ~~ Tn• tea ftrua •M11 b• Ln• ••m• a the wanlnq et G1at ba under tn• eGN wnq•rou• N•apo~u Control lace end .hall lnclud• •1r rltls•, p•71•t gun. or EE gone. SECTION ]. Tnm Clty Clark •M11 c•rtlty to CM pawag• a,w adapt ivn es cna• vaan•nc• anv cv .c• :yptaV:: Ly ,.. ... ty 5~/3 1 0 3 4 3 7 Council and shell cause the ease to be published in accordance vitR Che cSty Cnarter: and Ulrty days frcR !ho Linel peesege end adoption, Chie osdlMnee eMll be In ful3 farce end effect. Daued, aDDrwed end adoptW Nie 29eA day of 4ne,elr. 1987. j EDWMD VINCENT 9 MAYOR Ol SE6 CITY Ol INOLENOOD, CALIFORNIA 11 12 13 14 15 16 17 1B 19 20 21 22 24 25 26 27 29 30 31 3E ATTEST: NEgMANRA V. HMNIS CITY CLERK spy U L ~~ 1,; ,:16UP+ OPUa• M 9beelP.NLI CITIS'i Saor•o•eab. CalMOemla pq•if RETUtllV IN E gp888B PLSA813 ORDINANCE N0. AN ORDINANCE OP TEE CITY COUNCIL OP TN6 CLTY OP PORT RUEN0IE AMENDING SECTION 9.3f OF THE PORT RUENEMB MUNICIPAL CODE AND ADDING TIItlIPTO SECTZOq 9.2{,023D WRICE SAID SECTION REGT68 TO A REPLICA OF A DEADLY NEAPON THE CITY COLlIC IL OP TBE CITY OP PORT EUENEME DOES ORDAIN A9 FOLIAN3: SECTION 1. Section S.if of the Port Nueneme Municipal Cade i• hereby amended by addlnq tM nto Section S.Ia.0 D0. Said section i• mended to rqd a• tollwn Section 9.1f .0230. p•plica of a Deadly wupon. every person rhm dLpLy, uhlbin Or Dolnn • nDllea o[ • deadly [upon in a rude, angry or cnru nninq unn•r or who dlspl•y, eahlhib or polo[. • uplica o[ • dully wupon In a tight or quarrel or rno di•pl•y, unlblC• o[ poSnb replica oL a dully rayon at another pe non !o coern oe Lrightu sa ld pe non or to eowgl or attempt to compel call pee•on to adopt a partitul•r Doane of conduct or woo In any runner un Lptully uu• • [.plies oe a dally wnpon Ln ere eouru at any vloLtlon o[ Lw L gu llty oL •n lnte•atlon. A npllt• o! a dully weapon shall include, but not G limited •~r .ow...,,•. •vv.a. w w . du81y vapor. SECTION 7. TM City Clerk •ha 11 nrtity to the pauage of Chi• ordinance and shall cause Ch• ume to b• puD1LMd a [paired by Lw. PA93ED AND APPpOgED thin day of 19 , /J B 20-2U M7tALS AN) (I7.211C1' 6 20-2'L • AIa7CfE 2. (7~S AG1IIS3' PUBLIC f1FAACiH AND 3A[41Y. Sec. 20-20. Dieeherging Petroleum Products, 7hre, or Oyes upon Street. tto person shell ne gllgently, wilfully or maliciously tlischarge, throw or deposit petroleum, or any products or residue thereof, or a..y geaase, quid, .,uai tar, ou inr, or Hotline ~•.pon any street, nor permit any such substance to pass upon any street, nor place any such substance in any place where i[ subsequently passes upon any street. Sec. 20-2I. Endurance Contests. No person shall conduct, carry on, participate in any endurance or marathon contest not covered by Act 1638, Ueering~s General Lewe of California, which shall require or permit the contestant, performer, spectator or participant [herein to engage or participate in such contest for more then eight (S) hours during any twenty- four (24) hour period, either continuosly or intermittently; provided, however, that this section shall not be deemed to apply to endurance or marathon conteets, exhibitions or races of airurair where twu tai or more persona era employed or engaged in the operation of such aircraft at all times. Sec. 20-22. Sale and Installation of Electrical Appliances, Material or Equipment. No person shall sell, offer, display for sale, ~ or install any electrical appliance, material or equipment, of whatsoever kind or nature, made Por ~ ~ or intended to be used in or as part of, or ecnnected to, the electrical circuit of any -~ house, building, or other etrueture, unless such l - ,~ applisnce, materiel, equipment, or other thin¢ [~~ 789 2-88 /~F5 -~ ~E~Iy~Gr~l~LZkF~. 7Yti <c1.Ev~~ B;,-rif./ ~/~ S 20-22.1 LiJfiBANK ~LR7ICIPAL CODE ! 2U-23 has been approved, listed and labeled as cronforming with the standards fixed by the Underwriter's Leboratoriea, Inc., of the National Board of Fire Underwriters. Sec. 20-22.1. Selea of Aerosol Containers of Paint to Ntncra, No person shall sail, furnish or dispense any aerosol container of pain[ or other liquid aubetanae capable of defacing property to a minor under the age of eighteen (18) years. A violation of this section shalt constitute en infraction. [ Added by Ord. No. 2786, eff. 8!4180. ] _ 1 Sec. 20-22.2. Shooting of Bows end Arrows. No person shall shoot bows end arrows within the City upon, along or across any street or road ar within three huntlred (300) Yeet of any et rest or road, dwelling or accessory bulldin g, campsite, golf oouree, park, or public bugding, except when shooting at tergete on an eatebliahed public or private target renge. (Added by Ord. No. 2847, eft. 12/21181.] aw. Fe~x7s eepuoa rlrMlelLi (a) PROHIBITION OF SALE, No person shall display, market for sale, or sell any replica or facsimile of a Pireerm in the City. The provieiona oY this subsection shall not apply to any replica or Cecaimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reaeonebly - be perceived to be a reel firearm. (b) SRANDISNING. Except in self defense, no person shell draw, ~ exhibit, or brendieh a replica or facaim8e of e firearm or simulate a firearm in a rude, angry, L._ or threatening manner, with the intent to 2-88 790 S~~ I~ 5 28-'L3. I MUItA1.5 ANU O:)I~IIri1CC S 'LO-'13.I f frighten, vex, harass, or snnoy any other person. (c) RRANI)LSHINO A REPLICA FIREA[tM IN PAESENCE OF A PDEGIC SAFETY OFFICER. t7o person shall drew, exhibit, or brandish a replica or [aceimlle of a firearm or simulate a firearm in the presence of a peace officer, fire- fighter, emergency medical technician, or paramedic engaged in the performance of hie or bee duiien, and the person committing each brandishing knows or has reason [o know that such police officer, firefighter, emergency medical technician, or paramedic is engaged in the performsnce of his or her duties. (d) DEFINITIONS. "Firearm" shall have the same meaning ea the term "firearm" under the Dangerous Wee pone Control Lew o[ the State of California. "lteplics or facsimile of a Pireerm" shell mean any device or object made of plaetfe, wood, metal, or any other material which is a replica, feceimRe, or toy veralon of, or is otherwfse remgnize ble se, a pistol, revolver, shotgun, sawed-off shot gun, rifle, machine gun, rocket launcher, or any other firearm. As used in this section, "replica or feceimile of a firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully asaem bled ), starter pietole, air gone, iuoperauve itreerms, or any other device which might reasonably be perceived to be a reel firearm. (e) EFFE(:'CIVE DATE. The provisions of subsection (a) of this section shall not become effective or enforces hie until January 1, 1988. 1Added by Ord No. 2885, eff. ll/7/87; replaces section repealed by Ord. No. 2851.1 Sec. 2U-23.1. Section Number Reserved. (This section repelled 6y Ord. No. 2851, eff. 311182.) 79 U. U1 'L-88 5 /~ AMENDED [N SENATE APRIL 20, 1988 AMENDED IN SENATE APRIL 11, 1988 rr SENATE BILL No. 1795 _ Introduced by Senator Roberti (Principal coauthor: Senator Rosenthal) (Coauthors: Senators Dills, Cecil Green, Bill Greene, Marks, Mello, Torres, and Watson) !Coauthors: Assembly Mecrbers Rine s~ Cam, C!:acnu, Cortese, Eason, .Moore, O'Connell, Roybal-dRard, and Speier) January 20, 1988 An act to amend Sections 417 and 9172 of the Penal Code, relating to crime, and declaring the urgency thereof, to take effect immediately. LEGISWTNE CW\SEL'S DIGEST S8 1795, as amended, Roberti. Crime: weapons: replicas and realistic replicas of firearms. Existing law provides that every person who, except in self-defense, in the presence oI any other person, draws or P,XhIbItC AnV dPAdIV WFAr1/1n Wt1Ah/1PVPr nthnr thA.. n Firoar.n in a rude, angry or threatening manner, or who in any manner, unlawfully uses the same in any fight or quarrel is guilty of a misdemeanor. This 6i11, in addition, would provide the above misdemeanor offense to 6e punishable 6y imprisonment in the county jail for a term of not less than 3 months. Existing law provides that every person who, except in self-defense, in the presence of any other person, draws or ' exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, ~ ® unlawfully uses the same in any fight or quarrel is guilty of a i S / SB 1795 -2- ~ misdemeanor punishable by imprisonment in the county jail for a term of not less than 3 months and not to exceed 6 months, or by both imprisonment and a fine not exceeding $500. ! This bill, instead, would grovide the above misdemeanor i offenses to be punishable by imprisonment in the county jail for a terns of not less than 9 6 months. Existing law provides that every person who draws or exhibits any firearm under the above circumstances and who knows or re?<onably shaild know that the victim is a peare ot~cer engaged in the performance of his or her duties is guilty of a felony punishable by imprisonment in the county jail for a term of not less than 6 months and not to exceed one year, or in the state prison. This bill, instead, would prm~de that a person committing the above offense shall be guilty of a felony punishable by imprisonment in the county jail for a term of not less than 9, rather than 6, months, and not to exceed one yeaz, or in the state prison. Existing law makes it a misdemeanor for a person to d*aw or exhibit a "replica of a firearm; ' as defined, in a threatening manner against another person in such a way as to cause a reasonable person apprehension or fear of bodily harm. This bill also would apply the above provisions to a person who draws or exhibits a "realistic replica of a firearm;' as defined, in the same manner. The bill further would provide that the misdemeanor offense would be punishable by imprisonment m the county jafl for a term of not sass than 9 J monms. This bill further would provide that, except as provided, commencing January I, 1989, every person who sells, manufactures, or distributes a realistic replica of a firearm, as defined, shall be liable for a civil penalty of not more than $10,000 foe each such violation. The bill further would declare that it is the intent of the Legislature, in amending the above provisions governing replica Rrearms, to preempt any local ordinance deaL'ng with the same subject. This bill would impose astate-mandated local program by increasing criminal penalties and by expanding the scope of an existing crime. l .__ _ w so S ~D -3- SB 1795 The California Consbtubon requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by- this act far a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. Vote: '/a. Appropriation: no. Fiscal committee: yes. State--~ardatcd !cca! program: ye<_, The people of the State of CaG'fortia do enact as follows 1 SECTION 1. Section 417 of the Penal Code is 2 amended to read: 3 417. (a) (1) Every person who, except in 4 self,defense, in the presence of any other person, draws 5 or exhibits any deadly weapon whatsceveq other than a 6 firearm, m a rude, angry or threatening manner, or who 7 in any manner, unlawfully uses the same in any fight or 8 quarrel is guilty of a misdemeanor punishable 6y 9 imprisonment in thecountyjai/foratermofnotlessthan 10 three months. 11 (2) Every person who, except in self-defense, in the 12 presence of any other person, draws or exhibits any 13 firearm, whether loaded or unloaded, in a rude, angry, or I4 threatening manner, or who in any manner, unlawfully 15 uses the same in any fight or quarrel is guilty of a 16 misdemeanor punishable by imprisonment m tite county 17 jail for a term of not loss than rone six months. 18 (b) Every person who, in the immediate presence of 19 a peace officer, draws or exhibits any firearm, whether 20 loaded or unloaded, in a rude, angry or threatening 21 manner, and who knows or reasonably should know that 22 the victim is a peace officer engaged in the performance 23 of his or her duties, and that peace officer is engaged in 29 the performance of his or her duties is guilty of a felony 25 punishable by imprisonment m the county jail for a term 26 of not less than nine months and not to ezceed one year, 27 or in the state prison. ~ eo F ~~ / SB 1795 -4- - 1 As used in this section, "peace officers" refers to any 2 person designated as a peace officer by Section 830.1, ' 3 Section 830.2, subdivision (a) of Section &30.3, or Section 4 830.5. 5 SEC. 2. Section 417.2 of the Penal Code is amended to -~.---~ 6 read: 7 417.2. (a) Every person who, except in self-defense, 8 draws or exhibits a replica or a realistic replica of a 9 fireazm in a threatening manner against another in such 10 -way as tc causa a reasonably persuu apprehenniuu ur I l fear of bodily harm is guilty of a misdemeanor punishable 12 by imprisonment in the county jail for a term of not less 13 than nine three months. As used in this subdivision, "a 14 replica of a firearm" means any device with the apparent 15 capability of expelling a projectile by the force of air or 16 an explosion and which is reasonably perceived by the 17 person against whom the device is drawn or exhibited to 18 be an actual firearm, including starter pistols and air 19 guns. 20 (b) Commencing January 1, 1989, every person who 21 sells, manufactures, or disMbutes a realistic replica of a 22 firearm shall be liable for a civil penalty of not more than 23 ten thousand dollars ($10,000) for each such violation. 24 The manufacture, sale, or distribution of realistic 25 replica firearms is permitted if the device is 26 manufactured, sold, or distributed (1) solely for export in 27 interstate or forest commerce, (2) solely for lawful use 28 in theatrical uroductions. includin¢ mnMnn nirhsra 29 television, and stage productions, (3) for use in a certified 30 or regulated athletic event or competition, (4) for use in 31 military or civil defense activities, or (S) for public 32 displays authorized by public or private schools. Except 33 as provided in this paragraph, a realistic replica of a 34 firearm shall not be displayed to the general public or 35 sold for other use in this state, regardless of where 36 manufactured or purchased. ( ~ 37 (c) As used in this section, "realistic replica of a - 38 firearm" means any imitation of a firearm which is a ! ~ 39 realistic and substantially similar replica of a pakeeMed ~~ ~ 40 errs mode/ of an existing firearm. "Realistic replica of a l w so ~~ -5- SB 1795 firearm' does not include (1) a nonfiring collector's replica of an antique firearm which was designed prior to 1895, is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case; or (2) a nonfiring collector's replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization, aztd is offered for sale in conjunction with a wall plaque or presentation case. SEC. S. No rai,,,bti scr,cni is rey~rired by this aci pursuant to Section 6 of Article XIII B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. SEC. 4. It is the intent of the Legislature in amending Section 41 Z2 of the Penal Code to preempt any local ordinance dealing with reph'ca fird&nru. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that the provisions of this act which further restrict and clarify the use, sale, manufacturing, and distribution of replica and realistic renlira firearmc may take effect at the earliest possible time, thereby further making it more difficult to use these devices in the commission of crbnes, it is essential that this act take effect immediately. O m uo ~r~~ ' SENATE COMMITTEE ON JODZCIARY r` Bill Lockyer, Chairman 1987-88 Regular Session SH 1795 (Roberti) Aa amended April it Hearing date: April 12, 1988 Penal Code MGN MEAPONS -A.°FLICRS OP PI?EARY.ti HISTORY Source: David Horowitz Prioz Legislation: AB 295 (1987) - Chaptered Support: City of. Los Angeles; Alliance of Motion Picture and Television Producers; City of Burlingame Police Department; several newspapers; numerous individuals Opposition: Marksman Products; International Air Gun Game Operators; Diloreto Enterprises; American Air Gunner Magazine; Pursuit Marketing; GCJ; National Rifle Association; California Aifle and Pistol Association; Croaman Air Guna; numerous individuals KEY ISSOES SHOOED THE BRANDISHING OF A REPLIG OF A FIREARM IN A TB1tEATENZNG MANNER BE A NINE MONTH MINIMUM MISDEMEAHOR7 SHOULD THE SALE MANOFACTURE, OR DISTRIBDTION OC AEPLIG PIREARMS RESULT IN A CIVIL PENALTY OF §10,000? PDRPOSe Existing law makes it a misdemeanor. punishable by up to si: months in the county jail and/or a $1000 fine for one to draw a replica of a firearm against anokher in a threatening manner. This bill would make such actions a misdemeanor with a einimum puni s'nment oc` nine ou•it i•a iri tie v'Oiinty -foil. (More) S s B 1 7 9 5 Ezistinq lar contains no prohibitions as to the manufacture or sale of realistic replica firearms. Shis Dill could impose a $10,000 civil penalty on anyone who manufactures, sells, or distributes a replica of a firearm as defined. The purpose of this bill is to keep realistic-looking toy gone out of the hands of Californians. 1. Danger of realistic toy cons The proliferation of realistic toy guns in our society has undisputably led to tragic consequences. In San Pcanciaco, a 15 year old boy was killed by a police officer after pointing a reproduction of a .357 magnum colt python pistol during an attempt to rob a vending machine. In that same city, a 13 year old mentally retarded boy was shot and killed by police officers when he pointed a realistic model of a 22 caliber pistol st police officers after being ordered to drop the gun. A 26 year old actor staged a nearly fatal form of street theater when he pointed a look-alike toy submachine gun (actually a squirt-gun) at police officers. Only the officers ezcellenk training, ae well as "about 6 pounds of pressure on the trigger' saved his life. :i•~.y uii~ec nimiiar sicuarrons nave taken place resulting in death as well as severe traumatic stress for the law enforcement personnel involved. "Realistic" toy guns Nithout discussing the social desirability of the situation, guns, both real and toys, are an integral part of American society. In khe not-so-distant past, children who played with toy guns were equipped with crude reproductions, obviously designed and perceived as "toys'. Technology and improved manufackuring techniques have produced "toy" weapons with an uncanny resemblance to real guns. Even the most experienced sportsman would have (More) `. SB 1795 (Roberti) Page 3 a: difficulty distinguish!nq the replica Eram the 'zeal things, as has been tragically evidenced by ezperienced police officers being unable to distinguish alife-threatening situation from childish p1sY• 3. Brandishing of a replica Last year, this Committee spProved AB 295 (Tucker), Chapter 597, Statutes of 1987, wblch made brandishing a replica of a firearm in a threatening manner in such a ray as to cause a reasonable person apprehension or fear of bodily harm a misdemeanor. This bill would sake such conduct a eisdemeanor with a nine month minimum sentence. Since AB 295 has been in effect only four months: S80ULD NDT THE CURRENT M16DEMEANOR PENALTY BE GIVEN THE OPPORTUNITY TO DETERMINE IF IT IS AN ADEQUATE DETERRENT? 1. Proportionality ,,~".,,t~ Two issues as to proportionality are evident. { ry-gvS~ . First, current law provldest +faa_.1 (1) Brandishing of a deadly weapon, other than a firearm is a misdemeanor. (2) Brandishing of a replica firearm is a misdemeanor. (3) Brandishi~~ of a firearm Ls a misdemeanor/felony wobbler with a tl~eT~month minlmum sentence. i (4) Brandishing of a firearm against a police officer is a similar wobbles rich • minimum ~i[ month sentence. This bill would alter this structure ~nd instead make all of the above (other than non-[lrearm brandishing) a nine month minimum sentence. IS IT APPROPRIATes' TO LUMP BRANDISHING OF A REAL FIREARM, BRANDISHING OP A REPLICA. AND BRANDISBING AGAINST A POLICE OFFICER TOGETHER? S^eww nCrr Pn,iAL'FiES 'w'r-ur..T TMp. GRADDATED SERIOUSNESS OP THE RESPECTIVE CRIMES? (More) S~ SH 1795 (Roberti) Page a Secondly, the question must be peeed, that given the entire spectrum of criminal conduct and penalties, IS BRANDISHZNG OP A TOY GUN DESERVING OP INCARCERATION IN JAIL POA NINE MONTHS? 5. Deterrent effect One goal of any criminal statute is to provide a deterrent to the proscribed conduct. Given the fact that most of the incidents including toy guns involve children or young adults; HILL THIS PENALTY ACTUALLY SERVE AS A MEANINGPOL DETERRENT2 6. Penalty for sale manufacture or distribution This bill could make the sale, manufacture, or distribution of replica firearms subject to a civil fine of $10,000. Marksman Products, writing in opposition to this measure, points out that it provides over 1,000 jobs to California residents. Marksman produces H-H gone, which could be perceived as realistic replicas. The letter of opposition points out that marksman could be left with two choices if this bill were to pass. Move out of California oc close the business. Since this bill outlays sale, distribution, and/ar manufacture, but not possession; MOULD NOT THIS LEGISLATION RESULT IN OUTLAWING THE SALE AND MANUFACTURE OF ITEMS WHICH ARE LEGAL TO POSSESS (i.e., replica firearms)? 7. Amendments remove some oDDOSition After voluminous testimony at the last hearing on this measure, the author has amended the bill to answer the concerns of the manufacturers of historical replicas of firearms. They have removed kheir opposition. It is unclear whether aficionados of the sport of "paint ball^ are still opposed. The bill nee 3efines "rEali.atic replica of a firearm" as: "any imitation of a firearm which is a realistic and (More) ~~ ~ ~ SH 1795 (Roberti) Page 5 substantially aimiiar replica of a patented, existing, real firearm." Proponents of paint ball indicated in testimony at the last hearing that their equipment does not substantially resemble real weapons. Ae such, they should not be opposed to this nee definition, but they have not contacted this consultant. The National Rifle Assoeiation and the California Rifle and Pistol Association remain opposed to this measure due to kheir concerns over traditional B-8 and pellet guns. The author points out that Dis only intention is to outlaw realistic replicas of existing models of firearms, and not H-H or air guns. WOULD NOT THIS BILL EFFECT ONLY REALISTIC REPLICAS? 8. Definition of replica troublesome The amended version of this bill defines replica firearm in terms of a "patented" firearm. Additional research by staff has revealed that specific weapons are not per se patented. A specific elide mechanism oz firing apparatus may be patented, Dut not the weapon itself. Perh=~e a rr~fecauie approach would be to key [he definition to the weapon's model mambas. Each weapon produced ie labelled with a "model number," usually proceeded by the manufacturer's name. Neapons are known as a SiW .357 model 66 or Beretta .22 model 21a. ~ V Perhaps the definition should be: F~ any imitation of a firearm which is a realistic and //~~ substantially similar replica of a model of an existing )Y((,C firearm." SHOULD NOT THIS BE DONE? 9. ~POSSible vagueness My definition of a "realistic replica" is troublesome, since it must be crafted in such a way as to put a manufactures on notice as to what is a prohibited prWuct.• (More) S ~JC J " 88 1795 (Roberti) ~v Page 6 Before a manufacturer makes or sells his or her groduct in California, it is conceivable that a declaratory action would have to be brought in court to establish whethez the product is peohibited or not. ARS THE COURTS TBE PROPER PLACE TO RESOLVE THIS ISSOE7 ~G,~~ In the alternative, perhaps a mechanism can be establisheL S, ~ µ/, whereby some suitable agency, such as the Department of '1 !~"'i_ aV` Justice, can issue prior approval to a manufacturer or 1`r distributor. , ~t,G'~ SBOULO NOT THIS BE DONE2 ~ ~A L ~ 10. Industry response J Tn December, Toy "R" Os, a major toy store chain, announced that it would no longer carry replica guns in its 313 stores unless manufacturers altered the design drastically. In response, LJN Toys Ltd, has introduced a new line of toy gone in 'the most improbably wild colorings imaginable." IS THE TDY INDOSTRY RESPONDING SATISFACTORILY? •~••a+~•~~~f• S~oC '. ~ SB 1795 - SENATE JUDICIARY STATEMENT APRIL 12, 1988 MR, CHAIRMAN, MEMBERS; SB 1795 IS MY BILL TO INCREASE THE PENALTY FOR BRANDISHING TOY GUNS AND TO BAN THE MANUFACTURE, SALE AND DISTRIBUTION OF THESE REPLICA FIREARMS, 1 BELIEVE THAT YOU ARE ALL FAMILIAR WITH THE ISSUES WHICH WE DISCUSSED IN EXi'ENSIVE DETAIL LAST TIME THE BILL WAS BEFORE COMMITTEE, I HAVE AMENDED THE B[LL TO ADDRESS AlL OF THE MAJOR CONCERNS THAT WERE PRESENTED BY VARIOUS GROUPS, MOST OF THE ORGANIZATIONS WHO ARE CONCERNED WITH THESE CHANGES RECEIVED COPIES OF THE AMENDMENTS TEN DAYS AGO. I WILL QUICKLY RUN THROUGH THE AMENDMENTS THAT ARE NOW INCLUDED IN THE BILL BEFORE YOU. 1. WOULD REDUCE THE CR IMINAI PFNAI TV (1F RR4NOICHiNf, a Tr,V rile FROM A FELONY TO A MISDEMEANOR WITH A MINIMUM FOR 9 MONTH SENTENCE, 2, WOULD CHANGE THE FELONY FOR THE MANUFACTURE, SALE AND DISTRIBUTION OF REPLICA TOY GUNS TO A CIVIL F[NE OF 51000, 3, THE BILL WOULD CHANGE THE DEFINITION GF REALISTIC REPLICA OF A FIREARM TO "ANY IMITATION OF A FIREARM WHICH 15 A REALISTIC AND SUBSTANTIALLY SIMILAR REPLICA OF A MODEL OF AN EXISTING REAL FIREARM." ,S~ ~ ~ 4. WOULD PERMIT THE SALE OF ANTIQUE FIREARMS PRODUCED BEFORE 1898 IF THEY ARE HISTORICALLY SIGNIFICANT AND OFFERED FOR SALE IN CONJUNCTION WITH A WALL PLAQUE OR PRESENTATION CASE, FOR THOSE MODESL AFTER 1898 THE BILL WAS AMENDED TO REQUIRE THAT THEY BE HISTORICALLY SIGNIFICANT, ISSUED AS A COMMERATIVE BY A NONPROFST ORGANIZATION AND IS OFFERED FOR SALE IN CONJUNCTION WITH A WALL PLAQUE OR PRESENTATION CASE. 5. IT WOULD BE PERMISSABLE TO USE TOY GUNS IN A CERTIFIED OR REGULATED ATHLETIC EVENT FOR COMPETITION. FOR USE IN MILITARY OR CIVIL DEFENSE ACTIVITIES OR FOR PUBLIC DISPLAYS AUTHOREZED BY PUBLIC OR PRIVATE SCHOOLS. FINALLY, THE COMMITTEE ANALYSIS SUGGESTS TWO FURTHER TECHNICAL AMENDMENTS. I. THE MAJOR ISSUE CONCERNS THE QUESTION OF PROPORTICNAIITY. I HAVE TALKED TO THE SPONSOR AND HE HAS AGREED TO REDUCE THE BRANDISHING WITH A TOV WEAPON 'f0 A 3 MONTH MINIMUM SENTENCE AND TO REINSTATE THE GRADUATED M?NIMUM SENTENCES BASED ON THE SEVERITY OF THE CRIME. THEREFORE, THE BRANDISHING OF A DEADLY WEAPON WOULD BE A MISDEMEANOR WITH A MINIMUM SENTENCE OF 3 MONTHS. BRANDISHING A REAL GUN WOULD BE A MISDEMEANOR/FELGNY WOBBL'cR WITH A 0 MONTH MiNiMUFi SEivTcNC'c AND DRANDISHING OF FIREARM AGAINST A POLICE OFFICER WOULD BE A SIMILAR WOBBIER WITH A MINIMUM 9 MONTH SENTENCE, 5 ~/ 2, A TECHNICAL SUGGESTION REGARDING THE USE C' THE WORD "PATENTED" WHEN REFERRING TO A REALISTIC REPLI'- IN THE DEFINITION BE CHANGED TO "MODEL", THIS APPEARS TO BETTER REFLECT MY INTENT AND 1 WOULD ACCEPT THAT ALSO AS AN AUTHOR'S AMENDMENT, IF ALL OF THESE CHANGES ARE ACCEPTABLE TO THE COMMITTEE, I WOULD LIKE TO URGE THE MEMBERS TO SUPPORT THIS MEASURE AND ASK FOR YOUR "AYE" VOTE S~~' ~ ms's Senate President Pro Tempore DAVID ROBERTI CONTACT ]AYNE HARUIT RELEASE DATE DEC 12, 1987 2C5 SCete Capitol No. 232 Sacramento, CA 95814 CPC (9161 445-8390 1'QS OP RDBERTI'S RADID ADDRESS P SACRAMENTO---ge low is the text of a two-minute radio address by Senate Pres idenc Pro Tempore David Roberti R (D-Hollywa od/HUrbenk) delivered vie saeel li to to California E radio s[a [lone [his morning. "There are only 13 shopping days unci] Christmas. Lec us S make cercain chat one gift does not find itself under our Chria tmes trees. S "I refer to those realistic-looking coy guns that have alrae dy Figured into tragedies. R "Lase Aoril, a 19-year-n1d Rancho Cucamonga youth _. shci end killed by a eherif£'e depucy who mistook a coy laser gun for F the real thing. L "in September, to leviaion consumer affairs reporter David Horowitz was threatened on the air by a man brandishing a replies of a .45-ca ltber pistol. "And [here have been several incidents nn our £: eeways fir. A which matoriaia where herae aed by others displaying coy guns, S "The Loe An¢elea Ne re ld-Exam finer recently put it very well Sn en edi eoriel when the newspaper said: "In ih is trigger happy age, E she allure of eu then[ ic-looking fake gone escapee ue." Ac the editorial noted: "In light of incidents where you cha have been shot by police who mis cook tov ¢una for f!rearma fr'_a na.a ._ see why parents would buy chew or allow [heir kids to do ao." "A toy gun in the play grt and is aezm le cn, bui a toy gun Sn e police aituec ton can be deed ly. ST I.:E CA>i1p:. a00V NS SaCP a4 FNln [ELI{n PNI~ 9N:~ i9 ~6~ u..eAJ 5.~3 ~.~ "I am pleased co report chat there hoe b.¢n responsible reaction to this problem. The cities of Loe Angeles, 0urbank and 5 onto Monica hove now outlawed the sale and manufacture of realistic toy gvne. "The private sector also has assumed a reaponsib le role. For example, Toys R Us, the largesC reeailer of toys nationwide, hea announced chat ie will no longer carry realistic toy guns ae ary of its 313 etozes. "Reprea en tative N,e1 Levine of genie Monica has introduced legislation chat would se[ federal guidelines on how .,y Buns would b¢ marked. "And when the California Legislature returns in January, I will introduce ieg islation Cha[ would make Che manufacture, distribution, sale or brandishing of realistic-looking weapons a felony. "gut the final end moat effective decision belongs to conaumere. Get us reaffirm the[ [he holiday season ie a time of peace by refusing to purchase potentially den getous cny guns. "This has been Senator David Roberti. Thank you." I f I ~~ y B ZLL NUMBER: AB 2687 BILL TEXT R;;?zN ~~ "nN of PAGE .. AYgL o, A ° M' Diifriq AMENDED IN ASS N '.' JANUARY 15, 1988 AMENDED IN ASo.:nnLY JANUARY 7, 1988 AMENDED IN ASSEMBLY JANUARY 4, 1988 INTRODUCED BY Assembly Members Peace, Bradley, Charon, Eaves, Hughes, Katz, and Killea (Coauthors: Senai,o rs Cer;l Gneen. Mnpva coym.,~,° nd Torres) --• -- - _.. SEPTEMBER 3, 1981 Ar. act to add Section 25897.5 to the Health and Safety Code, relatl rg to crimes. LEGISLATIVE COUNSEL'S DIGEST A8 2687, as amended, Peace. Crimea: toy firearms. Exlstl rg law does rot requl re toy firearms to bear markings or color) rgs whloh will enable them to be diatinguieh ed from actual firearms. This b1li, commere Sng January i, 1989, would provide that any persor. who manufactures ary toy firearm which by its design or construction resembles ar. actual firearm and who does not include fluorescent or other distirgulshing r nln~.a °. wnanh mw..4lnnw wh!nh oYn Ih° •.... e,° °i° », .. _ _ as a toynbyPlaw enforcement officers when openly carried 1n another's ~V possession shall be liable for a civil penalty of rot more than $10,000. This bill would also provide that any person who sells anp toy firearm manufactured after January 1, 1989, which does not include the distinguishing colors or permare r.t markings required by this section shall De liable for a civil peraity of not more than $5,000. it would authorize the erf orcement oP this s aragraph by a civil proceeding in court brought by the district attorney, county counsel, or city attorney of the ~urlsdletlon wherein the violatior. occurred. This bill would provide that a toy firearm :•eaemblea an actual firearm if St has the apparent capability of expelling a proJectile by the force of air or ar. explosion and it could reasonably be perceived to be an actual firearm. Th a bill would provide that ary person who alters any firearm ir. order to ms4e •*_ ,. that St i° oy "Srea.- cast -- ,.he art 1,°icaticr, requlremertsaot this bill and who usesut hat firearm to commit a misdemeanor s -exc~e?t~~ as s e~c'f'e~d or felony is guilty of a misdemeanor or felony. ~s bill wouS3T.mpoae a state-mandated local program by creating new crimes. The Callforr.la ConstStut.lon requires the state to reimburse local agencies a rd school districts for certain coats mandated by the state. Statutory provisions establish procedures for making that relmbu rsement. S~ ~ PAGE 2 ~? °T li NUMBER: AB 268'/ BILL TEXT This bill would provide that no reimbursement is required by this act for a specified reason. Vote: ma,Jority. Appropriation: ro. Fiscal committee: yes. State-mard ated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares c;~at there has beer. ar. Src cease Sr, the number of violent or potentially viol e•~• 'zclderts Srvolving law erforcemer.t officers and persons carrying toy flreanms which are capable of being mistaker. for actual firearms. It is the Srt ent of the Legislature Sr. addl rg Seetior. 25897.5 to the Health and Safety Code to address this Smpo rtar.t public safety issue by requiring all Loy firearms to bear distinguishing markings or colors which will enable law erf orcemert officers to tletermine at the earliest possible time whether or not they are toys. SEC. 2. Section 25897.5 Ss added to the Health and Safety Code, to read: 25897.5• (a) Commencing January 1, 1989, any person who manufactures any toy firearm which by Sts design and construction resembles an actual firearm and who does not include fluorescent or other distinguishing colors or permanent markings which make the toy firearm clearly identifiable as a toy by law enforcement officers when openly carried in another's possessior. shall be liable fa: a c.~.l penal*.y of not more tear. ter. thousand dollars (~1C,GCD) for each violation. ,Ary person who sells any toy firearm manufactured after January 1, 1989, which resembles an aatusl firearm and which does not irc Jude fluOrP.a rent rr nt.h a~ dt.e L!noolahtno .. t ....a ..• _..,,. ., .... _ liable for a civil penalty of not more than^flve~thousand dollarsV($5,000) for each violation. For purposes of this subdivision, a toy firearm resembles an actual Firearm if it has the apparent capability of expelling a proJectlle by the force of air or ar. explosion and St could reasonably be perceived to be an actual firearm. Th a subdivision may be enforced by a civil proceeding in court brought by the district attorney, county counsel, or city attorney of the Jurlsdictlor. whereir. the violation occurred. (b) Ar.y person who alters any firearm in order to make St appear that St Ss a toy firearm meeting the Sdentlflcatlon requirements oP subdivision (a) and uses that firearm to commit a felony or misdemeanor, exec t a misdemeanor in violation cf subdivision (e) of Section 417 of the L'~o et~- :i au!1 t.y nP _ nblln ..ePe.~ae .., ti tip.. .. ___ _ r pu... a..av.~ by i~/V.i //IUe I/t •ll ti1C VVUfIt _V iaii t'or not more than ore year or ir. the state prieon.V SEC. 3. No reimbursement Ss required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only coats which may be Srcurred by a local ag ercy or school district x111 be incurred because this act creates a new crime or Snf roc o on, changes Lhe def Sn3tlon of a crime or .t nfraction, changes the penalty for a crime or inf raotion, or eliminates a crime or ir.t raetlon. S ,~~~U O f f I L E O E V L r N r • r o " May 5, 1988 C I T Y O F ~an Bernardino f T N r " B Y O 11 w l ~ c o x ~ `1Q ~ ~~' ~ The Honorable Dennie L. Stout Mayor, City of Rancho Cucamonga City Hall 9161 Baseline Road Rancho Cucamonga, CA 91730 Dear Mayor Stout: On April 18, 1988, the Mayor and Council of the City of San Bernardino unanimously endorsed a tL0 position on Measure "A", the County initiative to divide the County of San Bernardino and create a new County. The attached resolution is i.n support of the position taken by the City of San Bernardino on this initiatiti e. I would strongly urge you and members of your Council to seriously consider the adontien eP r wimi7ar h_v._.o ~r rnanT,._ tion in opposition to Measure "A'f. S' erely, ~ ~ ~Z~ui ~~~n.~2.o~ vlyn W lcox, Mayor RW:gb Attachment cc: Members of the Council S~ ~ ) 0 0 H O fl i n D 9 i P E E T S A N B f fl N A P 0 I N O CAlliOnnl4 9))IE~0DDI itE/)E)~If)) PRIDE ~~ ~IN ESS Vaa a va' a,nav U aav VUliAlnvlvVn MEMORANDUM _.4 ~~~; DATE: May 23, 1988 ~ // T0: City Counc i7 and City Manager ~~.,~"" FROM: Mark R. Lorimer, Senior Administrative Assistant ~~ SUB dE CT: Appointment to Conmun itv Foundation The Board of Directors of the Rancho Cucamonga Community Fourda ti on wish to recommend Steve Sensenback far appointment to the board. Mr. Sensenback is currently the President of Vineyard National Bank and has been a respected member of the community for many years. The Board of Directors believes that Mr. Sensenback will be an outstanding asset to the Foundation, particularly in the area of fundraising and promotion. The Foundation requests that the City Counc ii formally appoint Steve Sensenback to the Board of Directors at the ,Lune 1 City Counc it meeting. Should you have any questions or comments regarding this matter, pt ea se feel free to contact me. MRL ;hk 88-288 ~J ~~ ORDINANC& NO. / ~~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THAT DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT N0. 87-03 CONCERNING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND LOMITA COIIRT, RANCHO CUCAMONGA, C:~-LIFORNiA" AND AtITHORIZIVg T7iE MAYOF. Tn Egurnmc mgx SRME ON BEHALF OF THE CITY OF RANCHO CL'CAMONGA. A. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: "(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may nrnnoo-A wi*h fhc nh in n.. .~n ~...... ,; rti, .. ~.: ..._ policies, rules and regulations, and subject to condi- tions of approval, will strengthen the public planning process, encourage private participation in comprehen- sive planning, and reduce the economic costs of develop- ment." (ii) California Government Code Section 65865 orovides, in pertinent part, as follows: "Any city may enter into a development agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article. ." (=-=) C=lif^_.._., Government Code .,~.,,, ~.,r, .,..o.,,,.~ provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and Ordinance No. Page 2 size of proposed buildings, ar,d provision for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrinf ions and re ~uirements far subsetsent discretionary actions, provided that such conditions, terms, restrictions and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. ." (iv) Attached to this Ordinance, marked Exhibit "A" and incorporated herein by reference, is a proposed Development Agreement, No. 87-03, concerning that approximately 3.58 acre parcel located on the southwest corner of Archibald Avenue and Lomita Court in the City of Rancho Cucamonga, and as legally describv_d within the attached Exhibit "A." Hereinafter in this Ordinance, that agreement attached hereto as Exhibit "A1° is referred to as "the Development Agreement." (v) Concurrent with the adoption of this Ordinance, the City Council has adopted ordinances amending the General Plan designation for the subject property from Office to Neighborhood Commercial and the Development District designation from !1F£ino/P~'n fncoinnnl •n VnGr~6 Y..-.r6 n._.A n.......n ~..i ~.• m6,. ... _ developer of the property and the City desire to provide through the attached Development Agreement specific development options and controls on the site which will provide for maximum efficient utilization of the site in accordance with sound planning principles, all in accordance with the above-referenced provisions of law. (vi) On 1988, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Development Agreement and has recommended to this Council the adoption of the Development Agreement. (vii) This Council has heretofore conducted a duly ..oticed public .`.sarirg --ncern i.-,v the potential adoption oZ ti,e Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (viii) All legal prerequisites prior to the adoption of this Ordinance have occurred. ordinance No. Page 3 B. Ordinance. NOW, THEREFORE, it hereby is ordained by the Council of the City of Ranco Cucamonga as fnllnwc: 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. 2. The City Council of the City of Rancho Cucamonga hereby finds and concurs with that Negative Declaration adopted with respect to the project on 1988, and further finds that it has been prepared in compliance with the California Environmental quality Act of 1970, as amended, and the Guidelines promulgated thereunder and that this council has reviewed and considered the information contained in said Negative Declaration with respect to the project identified in this Ordinance. 3. This Council specifically finds that: (a) The location, design and proposed uses set forth in t.^.° Development Agreement are compatible with the character of existing development in the vicinity; (b) The Develonment am .~o.+f :li _„-- ...... ------ the project an environment of stable and desirable character,`and will not tend to cause any traffic congestion on surrounding streets; (e) The proposed development will be well integrated into its setting; and (d) Provision has been designed in the proposed development for both private and public open spaces at least equivalent to that required by the Neighborhood Commercial District. {e) 'rhe Development Agreement conforms to the Oene ral Plan of the City of Ra ^.che Cucar,~cnga. 4. it is expressly found that the publiv nece~:;i` „ genmral welfare and good zoning practice require the ~i,(, r-~,x.! the Development Agreement. A reement attachedsheretoi) hereby ar(7 n~v~-~ `!~~~ ~ ~ ~ ~~`~~, ..,-°`u~~'^`' g es Ezhi P.it "A.. ~~ ,.... u v.,_- ~y, n ~m.,, ".... ~ .. :,' "' Ordinance No. Page 4 6. If the above-referenced ordinances amending the General Plan and Development District designations on the subject property do not become effective, this Ordinance and the attached Development Agreement shall be deemed null ana .,o i~?. 7. This Council hereby authorizes and directs the Mayor to execute the Development Agreement on behalf of the City of Rancho Cucamonga forthwith upon adopting this ordinance. 8. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published within fifteen (15) days after its passage at least once in Tit e_ Dai1v Report of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 1988. PASSED AND ADOPTED this day of 1, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of _ _ 1988, and was finally passed at a regular meeting of the~City Council of the City of Rancho C -cn ja held on the _ day of 1988, by the follow i.nq vote.: A'~i'~S: ~:n["~iCrl `.FMf36i~G: A Meces and Bounds description of the limits of all non-vehicular access rights alonq the west side of Jasper Street as shown on plat of Tract 8383, recorded in Book li6r page el of Maos, P.ecords of San Bernardino County, to be vacated by the City of Rancho Cucamonga in favor of the Sierra Vista Baptist Church: Access 1, 35 feet wide, the centerline of which is described as follows: Commencing at the centerline intersection of Lomita Drive and Jasper Street as shown on the aforementioned Tract Man Thence S 0° 31' 60" E along the centerline of Jasper Street fb6 feet wide) a distance of 160.00 feet; Thence S 89° 28' 10" W a distance of 22.00 feet to a point on the westerly curb line of said Jasper Street, said point be ino the TRUE POINT OF BEGINNING; Thence continuing 5 89° 28' 10" W a distance of 11.00 feet to the right-of-way line of said street, said line being the Point Ending of Access 1. Access 2, 35 fee[ wide, the centerline of which is described as follows: Commencino ar the centerline intersection. of Sierra Vista A^ence and Jns per Street (66 feet aide); T he r. _~ .: 69° 42' 43" W along the centerline of Jasper . -. a .~=~ar. ~n r.F id.:;5 .. n. tc a point of tangency •. .. .. - - .-i"^ ~,e .... ,,.e as•' and suh*e r.iinq a , : a'. ~J ;~a-..i ni 'n. .a F. n a- ~' °'ti . iav.' itm ~; "t?7 A Metes and Bounds description of the limits of emergency non-vehicular access rights along the south side of Lomita Drive as shown on plat of Tzact 8383, recorded in Book 116, Page 81 of Maps, Records of San Bernardino County, to be varated by the City of Rancho Cucamonga in favor of the Sierra Baptist Church: A 26.00 feet wide emergency access, the centerline of which is described as follows: Commen<rng at the cente rl.ine intersection of Jasper Street and Lomita Drive (60 feet wide); Thence 5 89° 28' 10" W a distance of 87.00 feet to the beginning of a curve concave to the north and subtending a central angle of 16° 40' 53", Thence continuing westerly along said centerline curve an arc distance of 58.23 feet to a point of reverse curvature with a centerline curve concave to the south, a radial passing through said point bearing N 16° 09' 03" E; Thence continuing along said centerline curve an arc distance of 57.38 feet to a point of tangency; Thence S 89° 42' 43" W a distance of 46.80 feet; Thence 5 0° 17' 17" W e distance of 18.00 feet to a point on the southerly curb of Lomita Drzve, said point being the TRUE POINT OF BEGINNING; Thence continuing S 0° 17' 17" W a distance of 12.00 feet to a point on ehe southerly right-of-way line of Lomita Drive, said point being the Po:nc of. £.nding of the emery envy access. f i ~- i voy -r:+r ~ ...im No.?3814 z • Exp. 12 31'89 civic- ~~Q '~ of c a', }`o~ .". :~ _°,.y Exhibit iiA_p,: t 80 •~ I ~ ~ P^ d ~~ ~> ~~ 1Z~ )g)~~ a XI ~ E ti 71 0 4i = sal g ..:J. 1~ .~ ~ ~y , No. 23814 A ~, Exp.12l31/89 »! Sr CIVIL \W ~rf ~F C AI~F~P~ I`.°^°!AiEi~ €NGIIIFERS `I off" ,:4 fEEf .'1 ::r.; 'y l' i t •I Ij ~ ~' EMER~CNCy ACCESS Ii I~ ~ AccESS 1 '~{\ _ _. ~ S S! 196 ,, ~~~ t', :.. ~., t A 4 2 " ~~ a ; 8 BO , . k BI . 8 82 ` q B3 B4 ~ f ' fir. . ~. > ________i __..__.__? _.____L___ ~~••. ' ____ ____ c.. ~, i ,q.. _ :::~ . o a _ 144 ; t la` f^j~m.---I .--- ~~g a"ia'n'°~ 1 ~ ~ 7B : DI i 143 C ar I 'r a ~ a ,~.~ i_ b~ y ..au ~~ k ~' p77' 9" E2 ii ~' r 8I i ~8 142 W;. w mY .i•e mm~' _ a3 w ~ia.ap i d F 'i ~ .,. ~ ~ ~ y ', 76 A 83 Ia1 p _ ~ I f g ~ ~ 75 a d4 ~ n 140 ~ i > x ~' .,-r ..~m'- ~ n ~m ~d ry ,,,,,Ib.f '~ ~ 7a 9 e5 a "I~~rm It ~ la ifib'.~e~ 'i n~ L8 ~' X73 -B 66m~i i .S.li ~I^ ~ ^la ~~ Mal'0~ .tl"[ ~ ~ ~ I1 „e71 S 92 ~d~f~ . ~ :+ ~\ i ,~~ 70 •. ~~~„ :.' . ~': \~i c~ AEE~sS 2 , Map - V-O81 ,mm a ...~, ~. I u e 7 ~'" eam ~~ bB y Y o. al 4 4. 4f 4 L-~ ~ Ilf'~~ RO BE ROS d; ~ ~+ ~S TREET ~n~,~ i/- 135 t r LA PRIX STS rET 60 41 oRAIBDil7es No. aJ~ . , AN ORDINANCE OP THE C~T~ ~ Y OF RANCHO CUCAMONGA APPROVING THAT DOCUMENT ENTITLED "DEVELOPNENT AGREEMENT NO. 87-02 SENIOR CITIZENS HOUSING" CONCERNING THAT PROPERTY LOCATED SOUTH OF BASE LINE ROAD, WEST OP ARCHIBALD AVENUE, IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AND AUTHORIZING THE NAYOR TO EXECUTE THE SANE ON EEHALF OF THE CITY OF RANCHO CUCANONGA. Recitals. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that; "(a) The lack of certainty in the approval of develcpment projects can result in a waste of resources, escalate the coat of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. "(b) Assurance to the applicant for a development prof act that upon approval of the prefect, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to condi- tions of approval, will strengthen the public planning process, encourage private participation in comprehen- sive planning, and reduce the economic costs of develop- ment," (11) California Government Coda Section 65865 provides, in pertinent part, ae follows: "My city may enter into a development agreement with any person hewing a legal or equitable interest in reel property for the development of such property as provided in this article. ." (iii) California Government Code Section 65865.2 provides as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, ih~ maxim•un height and ordinance No. Page 2 size of proposed buildinys, and provision for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that such conditions, terms, restrict lone and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. ." (iv) California Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the Development Code and Land Uae Element of the Ganaral Plan when a developer agrees to construct housing for low income senior households. (v) Attached to this Ordinance, marked as Exhibit "L" and incorporated herein by this reference, is a proposed Development Agreement concerning that property located generally soath of Baee lime Road and west of Archibald Avenue, in the city of Rancho Cucamonga, and as legally described in the attached Development Agreement. Hereinafter in thi• ordinance, that agreement attached hereto as ExhSblt "1" is referred to as "the uPVelopment Agreement." (vi) Concurrent with the adoption of this Ordinance, the city Council has adopted ordinances amending both the General Plan classification for the subject property from Low Medium Residential to Xigh Residential and the Development District classification for such property from a Low Nadium Residential District to a High Residential District with a Senior Housing overlay. Tha proposed developer of the property and the City desire to provide through the attached Development Agreement specific development options end controls on the site which will provide for maximum afficlant utilization of the site in accordance with Bound planning prlnciplae, all in accordance with the above-referenced provisions of law, and to meet a public need for senior citizen housing for parsons of low income levels. (vii) On aril 13 1988, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the proposed Development Agreement 1 Ordinance No. Page 3 (viii) Thia Council has heretofore conducted a duly noticed public hearing concerning the potential adoption of the Development Agreement and said public hearing was concluded prior to the adoption of this Ordinance. (ix) All legal prerequisites prior to the adoption of this Ordinance have occurred. s. ordiaaaoe. NOW, THEREFORE, it hereby is ordained by the Council of the City of Rancho Cucamonga ae Pollowa: i. In all respects as set forth in the Recitals, Part A, of this Ordinance. 2. The City Council of the City of Rancho Cucamonga hereby finds and concurs with that Negative Declaration adopted with respect to the project and finds that it hae~ 1»an prepared in compliance with the California Environmental !uality Act of 1970, as amended, and the Gv idelinee promulgated thereunder, an3 that this Council has reviewed and considered the information contained in said Negative Declaration with raepmct to the project identified in this Ordinance. 3. Th ie Council specifically Pinde that: (a) The location, design and proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity; (b) The Development Agreement will produce internally an environment of stable and desirable character, and not tend to cause any traffic congestion on surrounding or access streets; (c) Tha proposed development will be well integrated into its setting; and (d) Tha Dav-icp.a,.t Ayreement conforms to tba General Plan of the City of Rancho Cucamonga. a. it is expressly found that the public necessity, general welfare and good zoning practice require the approval of the Development Agreement. 3 Ordinance Mo. Page 4 5. it is further found that the increase in unit density to 35.05 dwelling units per acre Sa in the best interests of the public health, safety and welfare since the project as contemplated will be occupied 6y senior tiC,~aeh,.lde ,.c 1^~ ircoce in conformance with the provisions of California Government Code Section 65915. 6. This Council hereby approves the Development Agreement attached hereto as Exhibit "1.^ 7. ZP for any reason the above-referenced ordinances amending the General Flen and Development District designations on the subject property do not become effective, this Ordinance and the attached Development Agreement shall be deemed null and void. 8. Trim Council hereby authorizaa and directs the Mayor and the City Clsrk to execute the Development Agreement on behalf of the City of Rancho Cucamonga forthwith upon adopting this Ordinance. 9. Tha City Clark shall certify to the passage of this Ordinance and shell cause the same to ba published within fifteen (15) deye efter its paeeaoe at least note is mho nom: i.. Renort of Ontario, California, and circulated in the city of Rancho Cucamonga, California. PASSED AND ADOPTED this day of 1988. I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the ~:.,. ,.< ..-.-i ..- Ranch" "uCamGnya iwid on the day of , 1988, and wasVfinally passed at a regular meeting of the C ty COUn(:il of the City of Rancho Cucamonga held on fife day of 1988, by the following vote: 7 ordinance No. Page 5 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Beverly A. Authelet, C ty Clerk city of Rancho Cucamonga 9\134\ORDSRCIT\RC 6.4 5