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HomeMy WebLinkAbout1990/01/17 - Agenda Packet CITY COUNCIL A G E N D A CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:30 p.m. January 17, 1990 Lions Park Community Center 9161 Base Line Road Rancho Cucamon¢a •~• City Councilmembera Dennis L. Stout, Mayor Pamela 1. Wright, cove<ilmrmDer Deborah N. Brown, ,eoyo. »onm Charles J. Buquet, connMmrmDer William J. Alexander, counrnmrmorr Jack Lam, r,n vo~ay.. James L. Markman, r',rv .vmrna Debra J. Adams, nrr a<.e II City Office: 989-I85t Lions Puk: 980-3145 City Council Agenda January 17, 1990 PAGE All items suDaitiad for the City Council Agends mutt be in writing. Ths deadlave for cubmitting these tress is 5:00 p.m. on the Wedveadep prior to the meet ivg. The City Clerk's office receives all such items. A. CALL TO OADER ' ~ i I 1. Pledge of nttegiance to Fiag, 2. Roll Call: Buquet , Alexander _, Stout _, Browr. _, and Wright B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of 5-year Service Pine to Conunieeioner Nareha Banks and Comm is stoner Suzanne Chitiea. 2. Presenter ion of 10-year Service Pine to Commissioner Eugene Billing and Commissioner Ada Cooper. 3. Presentation of Proclamations to ,I im Thomas and Carlos Silva Eor their aeeietance to the City o£ Santa Cruz io Llowing the October 17, 1989 earthquake. 4. Presenter ion by BoPark Enterprises. ] 5. Recognition of Sesquicentennial Steering Committee for their efforts in planning the City's 350th celebration of "The Rancho". C. CONNUNICATIONS PROM TR6 PUBLIC This is the time avd place for the geoersl public to address the Citp Couvcil. Stets law probibiG the City Council from eddren ivg anpiuua vot previou alp included on the Agenda. The Citp council say receive teetLosy and eat the matter for subsequent meeting. Commevt• •re to be lisited to rive m inuts• per individual. , i i i i i D. CONSENT CALENDAR The fallowing Covsevt Glender items •re expected to b• routive and non-covtrovaraial. Thep will be acted upov Dp the Couvcil ai one time without diacuaalon. Avp item uy be removeQ Dp a Councilmamber or member of the audience for disnuu ion. _ t /T'• 4~r i, w C~Z 1 City Council Agenda Sanu ary 17, 1990 PAGE 1. Approvnl of Minutes: November 28, 1989 2. Approval of Warrants, Register Noe. 17/28/89 and 1/10/90; 6 end Payroll ending 17/21/89 and 1/4/90 fo[ the total amount of 52,543,498.11. Alcoholic Beverage Application for On Sale Beer 6 Wine 16 Eating Place for E1 Rey Mexican Pood and Ha rLatos, Dionicia Sa imz Beltran, 8417 Haven Avenue. 4. Alcoholic Beverage Application for On Sale Seer 6 Wine 18 Eating Place for Bear Belly Eaeery, John A. and Marianne X. Nlchole, 9047 AttOW ROUte, Space 190. 5. Approval to authorize the advertie ing of thn ^NOtice 20 Inviting Sida" for the 19th Street Improvement Project, from the west City limits to Carnelian Street, to be Funded from Systems Development, Account No. 22-4637- 8763. RESOLUTION NO. 90-025 Z1 A RESOLUTION OF THE CITY COUNCIL OP TNB CITY CP RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS POR THE "19TH STREET ZI C N A P AI N~AN D DIRECTI^C CITY CLBRX THE TO ~~R P 25 6. Approval to execute a Cooperative Agreameni (CO 90-007) with the California Department of Transportation and the City of Upland for the design antl toner ruction of a traffic signal at 19th Street (Route 30) and Sapphire Street. The preliminary set imate of coai in the agreement see igns Rancho Cucamonga a ahara of $35,675.00 which represents 25\ of the toial. Th ie will be funded from the Tranepartat lon Development Account No. 12-4637- 8919. RESOLUTION NO. 90-026 26 A RESOLUTION OF THE CITY COUNCIL OP TH6 CITY i i ~ ~ i ~ _P RP.HCY.O CUCAX.CHCA, CAL:PORNiA. A-r PROVING THR E%ECUTION OF A COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OP TRANSPORTATION AND THE CITY OP UPLAND FOR THE DESIGN AND CONSTRUCTION OF A TRAPFIC SIGNAL ON 19TH STREBT (ROUTE 30) AT SAPPHIRE 9TAEET ~ ~ ~'4i,! f;V h. ~~ City Council Agenda dams ary ll, 1990 PAGE 7. Approval to execute Contract Change 0[der No. 2 (CO 89- 27 073) with Don Creek and Aeaoci atea to prow ids additional engineering services for expanded scope of work on 19th Street connection to Highland Avenue, Phase II - Highland Avenue east of Haven Avenue and Haven Avenue from 19th 1 Siieet to Haven Village Driveway. The Change Order ie for the total amount of $3,300,00 to bring the contract total to $28,132.00 to be paid from Syat ems Oevelopr..ect uno, Account No. 22-4637-5852. 8. Approval of Fie cal Year 1988-89 City Annuai Audit. 28 9. Approval of Authnrizat ion to sign Small Claims Court 29 doeumente. RESOLUTION NO. 81-154E 3~ A RESOLVTION OP THE CITY COVNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, RESCINDING RESOLUTION NO. 81-154D AND NAMING THOSE INDIVIDUALS WHO HILL BE ALLOWED TO SICN SMALL CLAIMS COVRT DOCVHENTS S0. Approval of she Banner policy and appropriation of 31 $12,000.00 Lrem the undeaignated balance of Fund 25 for design, purcheee, and inetallat ion of the Donner poles. 11. Approval to allocate 61.200.nn fn. ......se; ..CCC a _ ao the Celi tcrnia Specialized Training In at itute for the ` Public Safety Cammieeion. 12. Approval Of the Environmental initial Study; Parts I and 34 II, for Phaee I Imp[ovemente to the Cucamonga Storm Drain. A resolution accepting and approving the Initial Stud iee and the issuing o£ a Categorical Exemption for the project ie atteched. -"' RESOLUTION NO. 90-027 48 A RESOLVTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING THF. , ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OP A CATECORICAT, BXEMPTT_ON P.... T}IS PROPOSED PHANE ~ ~ i ~ ~ ~ I IMPROVEMENTS TO THE CUCAMONCA STORM DRAIN ~ Cµt' City Council Agenda January 17, 1990 PAGE 13. Approval to lease/purchase two (2) trucks, conventional 49 cab-c have ie with modiFicat ions far Asphalt Perch truck bed, to be purchased from Dieterich International Truck Salae, Incorporated of San Bernartlino, California in the amount of $221,399.03, to be funded from two account numbers, I.G.S. Account No. 72.-4225-7045 and General ~ Account Fund No. 01-464]-7045. ~ ~ ~ ~ ~ 14. Approval to award and authorization for execution of 50 contract (CO 90-008) for Base Line Road 6treet Improvement e, Storm Orain and Traffic Signals Zm~rovement Project, from west of Victoria Park Lane to west of Interstate 15 to Gentry Rrot here Incorporated for the ' amount. of 51,547,076.00 ($1,4]3,405.50 plus Se contingency), to be funded witR Syecema uavr:opment Account Noe. 22-d 637-8940, 22-4637-8941 and 22-4637-8730 and Et iwanda Drainage Account No. 19-dfi37-8840. 15. Approval tc award and authotizeticn for execuc ion of 52 contract (CO 90-004) for Arrow Route Street Improvements, Ph sae II, located on the south aide of Arrow Route, from Archibald Avenue to Hermosa Avenue, including the Traffic Signal at Arrow Route and Hermosa Avenue and Che Traffie Signal upgrade at Arrow Routes and Archibald Avenue to Hobnssa ly Engineering, Incorporated for the amount of $507,560.00 ($661,399.91 plug l0i contingency), to be funded with Syeteme Development Account No 22 4637 8]35 ' . ' ' - 8830 (FY B9 /90). 16. Approval to award antl autROrizat ion [o execute a 1 55 Professional Services Agreerr±nt (CO 90-010) with Ramco Coneultanie for the acquisition of right-of-way for the realignment of the Foothill Boulevattl - Accheetec Avenue intersection and the inetalLation of traffic signals. The coneultant'e fee of $12,7fi0.00 ($11,600.00 plus 101 contingency) la to be funded from the Transportation Development Account 12-4637-8705. J6 RESOLUTION NO. 90-028 A RESOLUTION OP THE CITY COUNCIL OF THE CITY ~ , i OF RAi:CHO CUCAHONGA, v'ALIFORNI R. ApPNOVAt. TO AWARD AND AUTHORIZRT ION FOR E%ECUTI ON OF A i PROFESSIONAL SERVICES AGREENENT WITH RAMCO CONSULTANTS FOA THE ACQUISITION OF RIGHT-OP- WAY FOR THE REALIGNMENT OF TXE FOOTHILL BOULEVARD - ROCHBSTER AVENUE INTERSECTION AND THE INSTALLATION OF TMFFIC SIGNALS fR~ ~r ,r~r - . ~" ,,r., City Council Agenda January 17, 1990 PAGE 17. Approval to award and authorization to execute a 57 Profeeeional Services Agreement (CO 90-011) with DGA Coneu lta nt a, Incorporated for the des ign of intersection and traffic signal improvements at the intersection of Foothill Boulevard and Haven Avenue. The consultant fee will be 514,685.00 ($13,350,00 plus a 108 contingency; to be funded from the System nevelopment Fund, Account No. 22-4637-8946. I 68 RESOLUTION NO. 90-029 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, TO ANARD ANO AUTHORIZATION FOR EXECUTZON OF PROFESSIONAL SERVICES AGREEMENT WITN DGA CONSULTANTS, INC. POA PAE PAAATION OF PLANS AND SPECIPICATSONS FOR A DESIGN OF INTERSECTION AND TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FOOTHILL EOULEVARD AND HAVEN AVENVE 69 18. Approval to award and execute the Profeeeional Services Agreement (CO 90-012) for Inspection Secvicee for the Base Line Beautification Project, Carnellan Street Parkway Renovation and Hil leide Road Rehabilitation Improvement Projects, is N85/Cowry Engineering for the amount of $40,260.00 to be funded from Beautification Account Noe. 21-4637-8793 and 21-4647-6046 and Street Rehabilltat ion Punde, Account No. 09-4Ai]-RR~i 19. Approval of Profeeeional Services Agreement (CO 90-013) 6Q by Wildan Assoc latex for Community Development Block Grant Adminlatrat ion and also £or atlminiatrat ion and implementation of the hous inq repair and rehabilitation pcogram for an amount not to exceed 571,024.00. 62 20. Approval of indent urea between Southern Pncif is Transportation Company and the City for construction of an 16 111C'11 Stozm Drain (CO 90-014) end a 24 inch Connector and riser (CO 90-015) at Rocheetec Avenue, north of Base Ltne Road end approval of related agreements between The WLlliam Lyon Company and the City, 63 i i i i RF.Snr.OTZOM N0. _0-030 i i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING A GAE6MENTS WITN SOUTHERN PACZPIC TRANEPORTAT ION COMPANY FOR CONSTRUCTION OP AN 16-INCH STORM DRAIN AND A 24-INCH CONNECTOR AND AISHR AT ROCHESTER NORTN OF BASE LINH ROAD v` f i~-~; r~~-: -. .~~; City Council Agenda January '_7, 1990 rACe 21. Approval to execute Change Order No. i (CO 89-001) to the 64 Professional Services Agreement with Paraone, Brinckerhoff, Quads and nouglas Por the design of modifications to the Foothill Boulevard - Route 15 interchange. Amount o£ the change order ie $20,300.00 for an increase in the scope of the des iqn work. Funding has been approved Prom the Redevelopment Agency Account No, 13-50300. reeultina in a total rent Y3^_*. _mcunt of $191,800.00. 22. Approval to accept Improvements, Release of Sonde and dot ice of Completion for: CUP 87-16 located on the south t ne f F th'll 66 Boulevard and Hezmosa Avenue. Faithful Performance Band (Street) $397,965.00 AESOLVTION NO. 90-031 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CAhIFJRN IA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR CVP 87-16 ANO AVTHORIZING THE FILING OF A NOTICE OP COMPLETION POR THE WORR DR 88-OB located an t~.e north eitla of 7th Str t 6 68 H411man Avonnn aM NnF:ANd e..n.. o.. Faithful Performance Bond (Street) $ 30,000.00 RESOLUTION NO. 90-032 69 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR DR 88-03 AND AVTHORI22NG THE FILING OF A NOTICE OP COMPLETION FOR THE WORK Fltrcel HaD 9504 1 ted n th th ..• n - 7Q F>ne A d a d Ha A n ~ ~ i Fa ithfui FErfo anw Bc Rd jStreetl 5200.000.00 Faithful Performance Bond (Storm Drain and Undetgroundln9) $315,000.00 !Y}.V~"~ ;~r~. City Council Agenda January 17, 1990 PAGE ~i RESOLUTION NO. 90-033 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUC.SHONGA. CALIFORNIA. ACCEPTING THE PUHLZC IMPROVEMENTS FOR PARCEL MAP 9504 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOR THE WORX E. CONSENT ORDINANCES The following Ordinances Gave had public hearings at the ties of first reading. Sacovd rssdinga era expected to ba routive avd von-covtrovarsial. Thep will De stied upov Dp the Council et ova rise without diacuasiov. The Citp Clark will read the title. Avp ilea can be reeoved for diacuasiov. 1. CONSIDERATION OP A PI LM PERMIT ORDINANCE - A d nt to the Ra cho Cu cam 'ci 1 ode rtainin to establish inc a film cermit oroceea ORD INANC6 NO. 410 (second reeding) 72 AN ORDINANCH OP THE CITY COUNCIL OP THE CITY OP MNCND CVCAMONGA. CALIFORNIA. ADDING A NEW CHAPTER 5.15 1b THE RANCHO CVCAMONGA MUNICIPAL CODE PERTAINING TO THE FILM INC PHRMIT PROCESS 2. CO S 0 T ON C 0 VN CIP CODE BY ADDING A NEW CHAPTSA 19.16 AND ADDING A NEW SECTION 17.02_}~ ER A N N TO XERI CA R ORDINANCE NO. dll (second read Sng) ~~ AN ORDINANCE OP THE CITY COVNCIL OF THE CITY OP RANCHO CllCANONGA. CALIFORNIA. ADDING A NSW CHAPTER 19.16. AND ADDING A NEW SECTION 17.0Y.S35. TO THE RANCHO CUCAMONGA MVNICIPAL CODE PERTAINING TO ESTABLISHING XERISCAPH REQUIREMENTS 3. CONSID^RATION OF ESTABLISHING SPEED LIMITS ON FAIRMONT i , o i riAY. tiZiiTAGB D0i_T •)~ ~~ ~.rl~.ti. y_~~ ..fir =.Cr- ; C;; City Council Agenda January 17, 1990 PAGE OAD INANCE N0. 413 (second reading) 82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AMENDING SECTIOM 10.20.020 OF THE RANCHO CUCAHONGA CITY CODE, REGARDING PA IMA FACIE SPEED LIHITS :UPON CERTAIN CITY STREETS ~ I 4. CONSIDEMTION OF SRATE BOARD ORDINANCE RECOMMENDED TO TH^ S5 ~ CITY COUNCIL BY THE PUBLIC SAFETY COMMISSION - Ordinanc¢ restricting the use of ekateboarda in the public right- of-way. ORDINANCE NO. 414 (second reading) 8] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA. ADDING CHAPTER 10.60 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE USB OF ROLLER SKATES AND SIMILAR DEVICES IN CERTAIN AREAS F. A{IVERTISED PVBLIC NEMINOS The fellowiog iteu bees boon advertised and/or posted ae public heeriRgs a raqui nd by law. The chair will open the asst ieg to raeeive publie testiewep. S9 1. O S O 0 DO ON OF U DATE V' S ONS OF VNI Fill CODES FOR INCLVSION ZN TtH~ MUNICIPAL CODE BUILDING REGULATIONS ORDINANCE No. 412 (second reading) 90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16, 35.20, 15."x; 15.32, 15.36, 19.40. AND 15.44 OF TITLE 19r BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA NUNICI PAL CODE ANO ADOPTING BY REFERENCE THE "UNIFORM ADM INISTAATIVE COPE", 1988 EDITION? THE UNIFORM BU ILO INO CODE. 1988 i ~ ~ , ED ST:OH IHCL'uDiHG Aii APPENDICES THRRRTO; THK i "UNIFORM BUILDING CODE STANDARDS"r 1988 EDITION? THE "UNIFORM MECHANICAL CODE"r 1988 EDITION. INCLUDING ALL APPENDICES THERETO? THE "UNIFORM PLUMBING CODE"r 1988 EDITION INCLUDING ALL APPBND ICESi THE "UNIFORM CODS FOA THE ABATEMENT OP DANGEROUS BUILDINGS", 1988 BDITION7 THE "VNIFORN HOUSING CODE", 1988 -J~'t r~ ..v ~l ~~ City Council Agenda January 17, 1990 PAGE EDITION/ THE "VN IFORM BUILDING SECURITY CODE", 1988 EO ITION) ANO THE "UNIFORM SIGN COOS", 1988 EDITION) WZTH CERTAIN AMENDMENTS, ADDSTIONS, CELETIONS AND EXCEPTIONS TO SAID CODES, INCLUDING PENALTIES ~ RESOLUTION NO. 90-074 132 i I A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, M.AK ING EXPRESS FINDINGS OF NEED FOR LOCAL MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE 2. PUBLIC H^ARING TO RECEIVE ZNPUT REGARDING THE PROPOSED 134 INTENTION TO E%CAVATE THE ALTA LOMA BASIN NO 1 NORTH OP B WITHIN ASSESSMENT DISTRICT 84-2 AND AWARD AND AUTHORIZATION FOR E%ECUTION OF CONTRACT (CO 90-•••1 FOR SAID PROJECT AND APPROVAL OF CONTRACT CHANGE OADBR NO 1 DECREASING THE CONTIUCT AWAAO AMOVNT PROM 5150 000 00 0 0 B ASSE S S A C NO. 84-2 FUNDS - ACCOUNT NO. 81-4637-6028 (COVlinvad from Jsnua zy 3, 1990) RESOLUTION NO. 90-035 136 A PRSOLUTZON OP THE CITY COVNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AWARDING AND AUTHORIZING EXECVTION OP THE CONTRACT FOR THE CONSTRUCTION OP CERTAIN PVBLIC WORRS OF IMPROVEMENT IN A SPBCIAL ASSESSMENT DISTRICT 137 RESOLUTION NO. 90-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CVCAMONGAr CAL IFORNIAr ORDERING CERTASR CHANCES AND MODIFICATIONS IN THE WORX IN A SPECIAL ASSEE SMENT DISTRICT 3. 0 G T 13II CORPORATION - A request to amend the Agreement to allow ~ ~ ~ i ~ a hctal Nithin t.`.e Fccthill Ccsign and Cc.-serclal Centez located south of Foothill Boulevard and eaeC of Spruee Avenue. ~-7,~ .v~ ~`~ PAGE City Council Agenda January 17, 1990 10 ~ ORDINANCE N0. 415 (first reading) AN OPD INANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALi FORNIA, APPROVING AMENDMENT NO. 1 TO AN EXISTING DEVELOPMENT AGREEMENT FOR A HOTEL WITHIN THE FOOTHILL DESIGN ANC COHE:ERCIAL CENTER i 4. ENVIRONMENTAL ASSESSMENT AND GEHEAAL PLAN AMENDMENT 59- 146 49 038 - CITY OF RANCHO CVCAMONGA - A request to amend Section IV, Envlzonment al Resources, and Section V, Public Safety, elements of the General Plan ae they relate to hil le ids development and grading and will involve rev ie ing the def initiona of hillside from 10 percent or greater to a percent Or greater, as well ae restricting davelopnent on elopes which ere 30 percent or granter. RESOLUTION NO. 90-037 2]] A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIPORNIA, APPROVING GENERAL PLAN AMENDMENT 89-035 REQUESTING TO AMEND THB SECTION IV, ENVIRONMENTAL RESOURCES AND SECTION V, PUBLIC SAFETY ELEMENTS OF THE GENERAL PLAN AS THEY RELATE TO HILLSIDE DEVELOPMENT AND GRADING, REVISING THE PERCENT OR GREATER AS WELL AS--RESTRICTING DEVELOPMENT ON SLOPES 30 PERCENT OR GREATER, AND MA1lING FINDINGS IN SUPPORT THEREOF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 149 89-02 - CITY OF RANCMO CUCAMONGA - An amendment to Title 17 of the Municipal Code by adding Chapter 17.26, Sections 17.24.010 through 17.24.090, 17.O6.Ol0.C.l.g and 17.05.020.C. 67 amending eubsect ions 1J .06.OSO.E.9, 17.08.040.8 and C, 17.OB.OSO.E.E, 17.15.020.0, 17.18.030.A, 17.18.030. C, 17.18.040.A.1, 17.18.040.E.5. n, and 17.15.O40.E.S.D~ end deleting subeectione 17.OS.OlO.E. S.a through f, 17.1tl.040.A.1.a through a and 17. 15.040.E. S. a.l through iv, regarding establishment of I I I I I nn l(Ie11fIRe Tll fl MIAnAArde f!lf Fi Il?1!IP ,lnveln 4__n!_ _~ . I Y~ f_~~ y-~~~\J- n.r' ~:~ PAGE City Council Agenda I January 17, 1990 11 ORDINANCE N0. 416 (first reading) 279 AN ORDINANCE OP THE CITY COUNCIL OF 'fHE CITY OF RANCHO COCAMONGA, CALIFOAN IA, APPROVING DEVELOPMENT CODE AMENDMENT 89-02, AMENDING TITLE 17 OF THE MUNICZPAL CODE BY ADDING CHAPTER 17.24, SECTIONS 17.24.010 THROUGH n .26.090, 17.06.010. C. 1.G AND 17.Ofi .020.C.6p AMENDING SUBSECTIONS 17.06.010.6.5, 17.08.040.8 AND C, 17.OB.060.E.6, 17.18.020.D, 17. 18.030.A, 17.18.03D.C, 17.18.040.A. 1, 17. 18.040.E. 6.A, AND 17.18.040.E.6.B{ AND OELET ING SUBSECTIONS 17 .06.O10.E.6.A THROUGH F, 17.18.040.A.1.A THAOVGH E AND 1i. 18.040.E.6.A.I ^+HROVGH IV, REGARDING ESTABL ISNMENT OF GVIDELINES AND STANDAMS FOA NILLSIOE DEVELOPMENT, AND HARING FINDINGS IN SUPPORT THEREOF 5. ENVIRON T NA} llSE PERHIT 88- 284 18 - DIVERSIFIED - Appeal of the Planning Cwmnieaion decis Lon requiring (1) Payment of current in-lieu fees for tha coat of the construction of the Haven median isientl from Lemon Avenue to the project's southerly driveway, and (2) the roost tact ion of the Haven median island from the project's southerly driveway to ae far ae Highland Avenue for the development of a fast Eood .,.,a :., •ho NolnbhnThnnd Commercial Diet CLct on . nort heaet corner of Highland and Haven Avenues - APN ehe 201-271-66. 0. PUBLIC BEARZNOS The following iteea have no legal publication or posting requireeanta. The CDeir will open the seating to rscdve public teatiawny. 1. TENTATIVE TRACT 13303 - LEWIS HOMES - An appeal of the 326 Planning Commies loo's decision to deny a request for e time extene ion for a reeidentlai euDdlvie ion and design review of 96 single family lore on 13.98 aczae of land in i i i i tha Tnrra Vista 2/armed Co.--cnlty deC lgnated Lew-P.edium Density (0-8 dwelling unite per acre) located at tha southwest corner of Terre Vista Paekway and Mountain Vlew Drive - APN 227-151-13 and 14. f't~•{4 "• rw .y- Y` .~ r} PAGE City Council Agenda January 17, 1990 ~ 12 339 RESOLUTION NO. 90-038 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMHISSION'S DECISION TO DENY A TINE E%TENSION FOR TENTATZVE TRACT NO. 13303 - APN 227-151-13 AND ld, AND HARING FINDINGS IN SUPPORT THERF,OF 2. CONSIDERATION OF THE NODI FIED ALIGNMENT FOR SUHMIT AV~'NUE 341 WEST OP E W A AVENV T T C NO. 13812 - WATT SOUTHERN CAL IPORNIA DEVELOPMENT 3. CONSIDHRATION TO HODS FY A CONDITION OF APPROVAL TO 349 ELIM-HATE THE INSTALLATION OF STREET TREES POA A SINGLE FAMILY RESIDENCE ADDZTION ON 13181 VICTORIA STREET fAPN 227-121-22) R. CITY HANAOER'S 9TAPP REPORTS The following itsos do not legally require any public teatiwvy, although the Chair say open the eeativg for public input. 1. CONSIDERATION FOR APPROVAL OF RESOLUTIONS REOUESTING THE 356 BOA O U SAN AN O O N SP A AND THE SAN BBRNAROINO COUNTY HOARD OP RDPF.RVT.MR.C RnoanPm ru S A0 ISH ING A TAAU CARE CEN R WITH E S RN REGION OF NO COUNT CO THE PVBLIC SAFETY COMM ISSZON RESOLUTION NO. 90-D39 374 A RESOLVTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, REEPECTFULLY REQUESTING THE BOARD OF TRUSTEES OP SAN ANTOMTC COMMUNITY HOSPITAL RE-ESTABLISH ITS FACILITY AS A DESIGNATED TRAUMA CENTER WITHIN SAN BERNARDINO COUNTY 375 RE SOLUTSON NO. 90-040 i i ~ ~ A RESOLUTION OP THE CITY COUNCIL OP THE CITY ~ OF RANCHO CUCAMONCA, CALIFORNIA, RESPBCTPULLY HARING REQUEST TO TXE BOARD OF SUPERVISORS OP SAN BERNARD INO COUNTY FOR SUPPORT IN RE- ESTABLISHING A TRAUMA CARE FACSL ITY IN TXE WESTERN REGION OP EAN BERNARDINO COUNTY /'lt~ i y-4; , ., r~ PAGE rity Council Agenda January 17r 1990 13 2. AECOMlLNDED STRUCTURE/SUBJECT MATTER FOA THE 3%6 ENVIRONMENTAL MANAGEMENT COMMISSION AND RECOMMENDED APPOINTMENTS TO THE COMMISSION 3. ON OF EXECUTION OP MEMORANDUM OF UtU)ERSTANDING 3%% (CO 90-0161 BETWEEN ALTA LOMA. CENTRAL AND ETIWANDA SCHOOL DISTRZCTS THE PANCHO CUCAMONGA SHERIFF'S STATION "'D ^HE CZ ^Y O" AA:'CHO C"CA?'O"^A '"O EXP•CRE 1^'° IMPLEMENTATION OF THE DRUG ABUSE AESZSTANCE EDUCATION fDARE) PROGRAM I. COVNC IL BUSINESS The following it era have been tequaeted by the Citp Council for diacuaaiov. Tbep are not public hearing iteae, although the Chsir rap open the meting for public input. 1. CONSIDERATION OF RESOLUTION RESTRICTING AIR TRAFFIC 3Q) TRAINING F IGNTS OVER THE CITY OP RANCHO CUCAMONGA RESOLUTION NO. 90-041 382 A RESOLUTION OF THE CITY COUNCIL OF TBE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ASSTAICTING AIA TRAFFIC TRAINING FLIGHTS OVER THE CITY OF RANCHO CUCAHONGA 2. DISCUSSION OP D IGN OPTIONS FOR OPERATION OF THE CENTRAL 383 PARR LIBRARY 3. STATUS REPORT ON RECYCLING BILL AB 2020 384 4. UPDATE ON USE OP RECYCLED PAPER 393 E. RECOMMENDATION OP APPOINTMENTS TO THE HISTORIC 394 PRE SERVATICN COMMISSION 6. CONSIDERATION OF PUBLIC SAFETY COMMISSION'S PARTICIPATION IN MEETING WITH THE UNOEPSREAIFF (Orel Report) ], nlarncciny nr AITEFNATE PATES FOR .lOTNT CTTY CODNCTL 395 ' ~ ~ MEETINGS B. STREET NAMING - Report on the et atve of the City's 396 current street naming policy. 9, CONSIDERATION OF RESOLUTION REGARDING NORDIC OEVELOPNENT 412 COMPANY fYr4Y~" PAGE City Council Agenda January 17, 1990 14 RESOLUTION NO. 90-042 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THAT AN INVESTIGATION OF NOAOIC DEVELOPMENT BE PERFORMED HY THE CONTRACTOR'S STATE LICENSE BOARD J IDENTIPICATION OF ZTENS POR NEZT MES'TINO This is the tine foi CiLp Couneil to identify the itevs they xiah to dlacuaa at the next seating. Theae itva will not be diccussed st this vesting, only identified for the next seat ivq. E COMMVNICATIONR PROM THE PUBLIC This is tbs tLe and place for the general public to addrea• the Citp Council. stets law prohibits the CiLp Couneil fros addreaaing asp is axe aoi previously included oa iha Agevdn. The Citp Comcil up receive teativoap and net the natter for a subsequent sating. Covents sre tv bs livited to five viaute• par individual. L. ADJOURNMENT MEETING TO ADJOURN TO HEHCUTIVH SESSZON TO D28CU33 PERSONNHL ISSUHS AND LITIGATION MATTERS. EIECUTIVB SESSION TO ADJOURN TO JANOARY 24, 1990 MEETING W1TH TBE SHBRIPP'8 DEPARTMENT. I, Debra J. Adams, City Clerk of the city of Rancho Cucamonga, hereby certlEp-lhet a true, accurate copy of the foregoing agenda was posted on January 12, 1990, seventy-two (72) hours prior to the meeting per Government Cotle 54953 at 9320-C ease i I i i Line Road. ~y.~l ~ `-y` November 28, 1989 CI iY OP RANCHO CDCAHCNGA CITY CONNCIL HINUTES Joint Meeting with the Rancho Cucamonga Planning Commission A. CALL TO ORDER A joint meeting of the City Council and Planning Conrniesion of the City of Rancho Cucamonga met Ort Tuesday, November 28, 1989, in the Lions Park Community Canter, 9161 Base Line Road, Rancho Cucamonga, California. The meeting was called to order at 6:30 p.m. by Mayor Dennis L. Stout. Present were Counc ilmembere: William J. Alexander (left at 8:25 p.m.), Deborah N. Brown, Charles J. august II (arrived at fi:44 p.m.), Pamela J. Wright, and Mayor Donnie L. Stout. Present were Planning Commiseionara: David Blakeeley, Suzanne Chitiea, Peter Toistoy, Eetay Weinberger, and Chairman Larry McNiel. Also present were: Jack Lam, Clty Manager; Linda D. Daniels, Deputy City .... -. ..__.. __ c_ __ca..:. ~} C...e.,,~,,,,....: J.. eau nnyuwrgn, aeeaetant HNA Analyst; Brad ^Buller, City Planner; Otto Kroutil, Deputy City Planner; Larry Henderson, Principal Planner; Nancy Fong, Senior Planner; Ruae Maguire, City Engineer; Joe Stofa, Aaeociate Civil Engineet; Laura eonaccorai, Landecapa Dee igner; Cindy Hackett, Contract Engineer; Jerry crane, Building Official; Jim Martin, Plan Check Coordinator; Patty Riffel, Executive Assistant; Jim Proet, City Treasurer; and Debra J. Adams, City Clerk. ~ • • • « . B. ITEMS OP DIBC~S ION Jack Lam, City Manager, outlined the items to be discussed at the meeting. He presented elides of the site and gave statistics on the shopping center. He presented elides on the conceptual design of the shopping center. He graaented _.._...• •... ~.. o.. ,. - Lr~p[4vamentn tg take piece to get ready for the mall. He nlao gavs timeframee 'for completing the project, with total completion to be done In 1992. Jack Lam, City Manager, turned the meeting over to Den Pelix of the Hehn Company. Dan Pel ix, the Hahn Company, thanked the City for the opportunity to have thin meeting, and t0 be able to get the neceeenry information from the city Council and the Planning Commiealon in order to go forward with this project. He introduced Duncan Budinger, Project Manager, and B111 DeEiel, architect from The City Council/Planning Commission Ninutee November 28, 1959 Page 2 Jerde Partnership. Mr. Pelix told how ahoppinq centers era put together. He stated the reason the meeting was delayed back in September was because they wanted to expand the first phase of building for the shopping center, and had gone back to Jerda and asked them to do this because they realized the City had end was growing eo much. Dan Fei:.x, the Hahn Company, turned the meeting over to 8111 Oe&iel, architect, who gave background on hie company and all the shopping centers hie company has been involved with. He stated they did take a lxk at this 60 deye ago to re- evaluate the plan in order to make it a better project. He stated there will be the conmunity side and the regional aide of the ahoppinq center, and stated that the major etorea can De moved around in order to accomodate them. Me explained how the parking would 6e designed, and how the access would be designed leading Lnto the mall ea it relntea to the various grade levels. He talked about the water features within the shopping center, and how the varicua levels open up to this. Dan Felix, the Hahn Company, stated the elides that are being presented tonight are not what will actually be in the Rancho Cucamonga mall, but they are being shown to get ideas from the City ae to what they like and do not like, so they will know wnat io present to the Planning Commission in FeDrunry. Sack Lam, City Manager, stated that unless the City Council specifically wanted to, they will not see the design of the shopping center until after it hoe been approved by the Planning Commies ion. „~>]'vi u V e , IIVO IlY „nn Vlln VVll1:bVVLVII LLMY Vllb biwppiuy centet into Che`VLCtorla Lakes project. More disco aeion followed regarding the connection of these two gropert tee. Commissioner Toletoy asked what was the reason the majors were not in favor of the water. Dan Felix, the Hahn Company, stated it was mainly the liability aspect. Mayor Stout asked Sf there was still to be comiunlty space Sn the shopping center. Jack Lam, Clty Manager, stated yes, there would be. e." -"'~ Hciiiai eibu i fbiL Eim City nhouid int 'thew know wbat arch itecturei style this project should be. Commiaeioner Chitl ea stated eha felt some of the Italian, etc., architecture that was previously included should et ill remain. Chairman McNiel etetad he telt Horton Plaaa was s vary trendy ahoppinq canter, end felt the Victoria 6ardana Regional stall should not be designed that way. City Council/Planning Co,mieeion Hinutee November 28, 1989 Page 3 Dan Felix, the Hahn Company, stated he felt "timeleesneee" was an important aspect of the shopping center. Councilwoman Wright stated she did not feel this should be a generic shopping center either. Bill DeE:.al, architect, stated it would not 6e. Commissioner Chitiea stated that in their tour of Horton Plaza they noticed the quality of material used, and felt this was very important for a Aancho Cucamonga shopping center. Councilwoman Wright asked if this was a covered mall. Dan Felix, the Hahn Company, stated it was a climate controlled mall, but that the food court was both inside and out. Councilwoman Wright asked if they have taken the wind factor into consideration. Dan Felix, the Hahn Company, staled they would investignie this. Commissioner Chitiea felt they shoo ld be seneltive of the design both inside and out, and also added she fell the noise factor should be considered eo that the choppers will be more relaxed. Commissioner Tolatoy stated ha liked the idea of curves within a shopping canter, ........ .... .. ~.. ..:.. ....c .. .:y, '.~ iy : .:...... Cortaniuaioner WeLnDerger etatetl she really liked the Main Place Ln Santa Ana. Hayor Stout stated traffic circulation shoo ld also be considered to handle built- out circulation. Councilwoman Wright stated easy parking should be cone idered, and further etatetl this will be one thing that ie looked at in February ae to how the shopping center will Eit with t4~City circulation plan for this area. Councilman Buquet added ha ie very concerned with traffic circulation. Gan Felix, the Hahn Company, stated they are eansitlve to these concerns. Cuwmiiman nuyunt ntatnd i,n dunn nut wm,c thn ampping cvntnr su aook • cim shopping cents[ in San Bernardino. Hs further stated he is also concecnedxabout the wind factor. Councilwoman Brown stated her concern was how the Victoria Lakes project would fit in with the ehopping center. Councilwoman Wright stated she felt everyone should be eeneitive to the access to both the Victoria Lakes project and the regional mall. City Council/Planning Comsi ssion Hinutea November 28, 1989 Page 4 Dan Felix, the Hahn Company, stated if the City does not want them to connect to the Victoria Lakes project, they should et ate this to him. Councilman Alexander stated he liked the idea of the shopping center not being trendy, and felt the idea of pride was very important and the idea of conservation in all areas should be considered. Commiaeioner Chitiea stated she was disappointed in not seeing any underground or covered parking. Councilman Duquet felt the idea of leveled parking should also be considered . . • ~ . x Councilman Alexander left the meeting at 8:25 p.m. Chairman NcNiel stated he did not want to see a "sea of asphalt" ae the site plan now showed, and concurred with what Commissioner Chitiea hetl euggeeted, such ae the underground or covered parking. Dan Felix, the Hnhn company, etaied they are awnre of the City's etandnrde, and will work with the City on this. He commented that structure parking ie very expensive. ......"~....c.o..c. T.......,r .,e..e.... "u.u ..,i.,yw ow ena~iuy risen wnrn pert ui run pron. Dan Felix, the Hahn Company, etaied that in recent years, they have not put skating rinice in shopping centers. Commissioner Toletoy ae ked if daycare centers were to 6e a par[ of the shopping center. Dan Felix, the Hehn Company, elated they will work on this ieeue, which would be considered in the amenity package. Chairman McNiel stated he had concerns regarding the ^regional eide^ and the "co,mnunity aide^, and did not went one aide to hove to be sacrificed. Dan Fe11x, the Nahn Company, stated this would not occur. Jack Lam, City Manager, added that in 1984-1985 [here was a traffic study taken, and added that there will ba a new traffic study eccompliehed. Commissioner Chitiea commented she felt the view of Cucemongn Feek should be considered in the view of the design. Dan Felix, the Hahn Company, stated they are trying to put together something that the major[ will like, but thnt they do not want to have a eitunt ion where the tell le wagging Ghe dog. City Council/Planning Commies ion Hinutee November 29, 1989 Page 5 Commissioner Chit iea consented she felt the view of Cucamonga Peak should be considered in the view of the design. ^an Felix, the Hahn Comgany, stated they are crying to put together something that the majors will like, but that they do not want to have a actuation where the tail is wagging the dog. Counc iiman Huquet stated he is disappointed wish the amount of time it has taken to get this far. He felt a firm commitment should be made Ln order to get this to move forward. Dan Felix, the Hahn Company, stated they would like to bring the amended Diane hack in February. ' Jack Lam, City Nanayer, stated he would like this to come back in mid-February at the latest. Dan Pelix, the Hahn Company, added they plan to open with four major stores, with the other two following. e • w x r C. COlOtUNI GTIONS PROM TH6 PIIHLZC There were no communications for the Council or the Planning Conuniaeion. s ~ • . • ~ D. ADJOURNIO:NT The Planning Commi9eion adjourned a[ 8:50 p.m. The City Council took a recess at 8:52 p.m., and would adjourn to a special meeting following the recess. Reepecifully submitted, Debra J. Adams C:ry rlork Approved by Planning Commieeion: January 10, 1990 Approved by City Council: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Monte Prescher, Public Morks Engineer SUBJECT: Presentation by Bopark Enterprises BACKGROUND/ANALYSIS Mr. Beaudry Parker of 8opark Enterprises, the contractor who constructed the Archibald Entry Monuments, entered the pro,~ect in the California Landscape Contractors Association, Landscape Beautification Awards contest and received first Place (see attached Entry Forst, Judges work sheet and acknowledgment). Mr. Parker would like to hake a presentation to City Council regarding this award winning protect. RespeFt~~submitted, / :dl ~i Attachments Bopark a.`o..m.uv.~ra mxm December 27. 1989 City of Rancho Cucamonga 9320 Baseline Rd. Rancho Cucamonga, Calif. 91730 Attn: Monty Preacher Dear Mr. Preacher; Inc. 8560 VgiEYARD AVENUE SUf1E 103 WWCHO GIICAMONGA CAl1WRNIA 91730 (71~) 987fi752 ~w/~ f ~.^ c ~ I ~~'!'q',i lei:. ffq~O b~ o,~~~~ As per our conversation of today, please find attached i1K~r- mation regarding the plaque that Mr, Parker would like to predent to the City Council et their meeting of January 17, 1990. I have included tha original entry Eorm and a letter from the California Landscape Contractors Association on tha avard. Mr. Parker looks focwncd to presenting this plaque to tha City w, Lim i7ci,. iir ruuid appceciacr ii yuu ruuiti iec ue icnor roar rime he is scheduled on the agenda. If you need any further information, please contact me. Si~ncerely/; ~~ Nancy Mellon Office Manager v ENTRY NO. __ _ rnak~ uu oNyl CALIFORNIA LANCSCAPE CONTMCTOg3 ASSOCIATION /INLAND EMPIBE CHAPTEq _~~ ~ CALIFORNIA 1989 LT/ ~ CjrLIFORNIA ~V/ LANDSCAPE LANDSCAPE BEAUTIFICATION AWARDS V L~NDS('AYE CONTR4CI'ORS LANDSCAPE INSTALLATION ENTRY FORM CONTRACTORS ASSrx:lAT1ON ASSOCIATION Pleaso type or print and complete all inlormatlon requested Each entry requires a separate entry form Check all Warns on the ludgas worksheet for which your company was responsible. Be sure you use the LanUSCape Inslallahon Entry Form for landscape installation entries and the Landscape Maintenance EMry Form for Landsca~~a Maintenance entries. Entry Fea: $ 75.00 (make checks payable to CLCA/IEC) $100,00 eu!side chapter boundaries Mall entry loan, Thomas map page, and entry tee to: CLCA /INLAND EMPIRE P.O. Box 3283 San Bernerdlno, CA 92413 Inrlrrues: Woody Wood, Nydro- Gro Seeding p 14) 884dAWN ALL ENTIUEB YUai eE RECEIVED BY YI1Y 10, /Gay Deaudcy T. Parker (714j 987-6752 Member's Name eopark Entecprisea,-I nc~---._ Phone No. ____...~ (',ornpany Name Bopark Enterpriaear Inc. ,,,,,,,,,,,,,, 6560 Vineyard Ave. 1103, Rancho Cucamonga, Ca. 91730 Archibald Ave. Entry Monuments Protect Nama _ _________.-._._____-._____.__ Approx. sq It _.____.__ -__ Archibald Ave. s 4th St. - Rancho Cucamonga, Calif. Protect Location and Address ___...___.__ _._.-__...__..____.______..__.,___ ._ Name of Landscape Archiled/Designer _FOrma - Plann ing_Des ign Landscape Architecture 190 JFyyport Center Drive Newport Beach, CA. 92660 Atldress and Phone No. ___ . _.-_____ -'-(71"4)-644=8001"------"- ----- 14L Special 10-88 GalagorY entered ____._ ____...._-._..___..__Oate completed ._. _.___._.___.-.__ Dale loured CLCA _ March 13, 1987 OWNER8 CONSENT I/we hereby gran) permission to enter our propeAy or premises for the purpose d judging, photographing and publicizing the landscape project fn this competitbn to the accredlled representalNea d the Calilornia Landscape Conlreclors Association, Inland Empire Chapter. It is understood Ihal no lees or charges d any kmd era required d the owner Judging will occu. the week d May 161h, 1989. Gated _ _ _ Ownerb Name Ci[y of Rancho_CUCamon a Owner's StgnaWro Pub11C ProQar~= Public Access 3 Owner's Phone No . ~ 714) 989-1862 JUDGES WORKSHEET 1 ENTRY NOr CATEGORY NO. To enable the ludyes to evaluate your work please check the dams below for wNch your company is rabpon Bible Also, please wtlicalb any hems which ara done by others In the area provided, or on a separate sheet ul paper, Ideuufy paNS of relerence~buddings, lances, sidewalks, streets etc) which might be helplul lu the ludyes IMPORTANT ~ Attach a Xerox copy of the Thomas Bros map page which locates Ina entry INSTRUCTIONS m the hi sl column, please cher.h work perlormed Ly yuu in Ina secon4 work dune by others I IARUSCAPE X Conrrete ilal work X bock work X Helauliny wells I IeaJer s/mow slaps X WuoJCi ullmy..,._ _ ____ __ F ena°y .__.__. Hnchs/houlUars _ --~ Walur elf acts Other IIt1iIhA11U N_- ---~ URAIrJAGE g i ~ 2 ~• j VO ~ ~4/~~Q/O~/ h SOFTSCAPE Trees X SNubs g Tud X Groundcwer Grading __ Slopes Other SPECIALTY ~ _ Polled plants Lighting -_.- x Olner P Qy <u2CJ ~2 O 'OOri. Landscaped area Rouyn Sketch `~ L~ ~ _ -~ Cpniractor Comments: 'T'hese are maasive en LEi monuments ~L the eit~ ~f _Rancho Cuca onoa 'Lhev have been ohotograoh d nd 'tt b .r r lY• _We have included coQias of some of the ertic•IgP mnia is built ~irh Kral native river cock. __ t ATr~ ~ ~ IN/~ i YOU f .MAY t! N[LIfUL IN JUOOINO YOUR PROJECT t RESOLUTION NO. 1~' ~_~D^QO~ A REeOLUTION OF TAS RANCHO CUCAMONGA REDEVELOPMENT AGENCY DECLARING TR8 PUBLIC NEED AND NECE88ITY TO CONDEMN CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AND HARING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The Rancho Cucamonga Redevelopment Agency has conducted a study for the development of a sports park facility within the easterly portion of the City of Rancho Cucamonga. The development of such park facilities is included as an activity of the Rancho Redevelopment Project Plan. Based upon such study, it has been determined that the most reasonable and feasible area for such proposed park facility will require the acquisition of that certain parcel of real property identified herein. Such real property is located within the boundaries of the Rancho Redevelopment Project Area; (ii) Pursuant to the provisions of California Health and Safety Code Section 33391, a redevelopment agency may, for purposes of redevelopment, acquire real property by exercising the right of eminent domain; (iii) Pursuant to the provisions of California oovernmenc cone Section 7257.2, prior to adopting this Resolution, the Rancho Cucamonga Redevelopment Agency has made an offer to the owners of record to acquire the property for the full amount of fair market value as established by independent appraisal valuations; (iv) On January 1990, this Agency held a hearing pursuant to the terms of California Code of Civil Procedure Section 1245.235 and said hearing was concluded prior to the adoption of t6iie Resolution; and, (v) All legal prerequisites have occurred prior to the adoption of this Resolution. Resolution. NOW, 2'HF.REFORE, it is hereby found, determined and resolved by the Rancho Cucamonga Redevelopment Agency as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. SECTION 2: That certain real property, the acquisition of which is necessary for the redevelopment purpose of developing a park facility within the Rancho Redevelopment Project Area, is situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and is more specifically outlined in the legal description and map attached hereto, marked as ExY. '.bit "A" and incorporated herein by this reference. BECTICN 3: Based upon the substantial evidence presented to this Agency during the above-referenced hearing, including written staff reports, the Redevelopment Agency specifically finds as follows: a. The public interest and necessity require the proposed project; b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c. The property defined in this Resolution is necessary for the proposed project; and, d. An offer of fair mzrket vzlue has been made to the owners of said real property pursuant to the terms of California Government Code Section 7267,2. s~LLTtON 4s The Redevelopment Agency hereby declares its intention to acquire the property described in Section 2, above, by proceedings in eminent domain. The General Counsel to the Redevelopment Agency is ordered and directed to bring an action in the Supericr Court of the State of California for the County of San Bernardino, in the name of the Rancho Cucamonga Redevelopment Agency, against all owners and claimants of the property described herein for the purpose of condemning and acquiring fee simple title, and to do all things necessary to prosecute said action to its final determination in ar_co rd once with the provisions of law applicable thereto. The General Counsel is authorized to make applications to said Court for an Order fixing the amount of security by way of money deposits as may be directed by said Court and for an Order permitting the Redevelopment Anency to take possession and use cf said real propel Ly for the uses and purposes herein described. SECTION 5: The Secretary of the Redevelopment Agency shall certify to the adoption of this Resolution. ---,;_. 0 N ~ N J I I C^ I ;;.~ E_ ~ ~ :~ ~'ti I ~ I~ d30 I ... o"Y~ '.~ VAN o ~ o '1 2,= "_' i ~ I .. ..: -.~~~ I :. q .~ L ~, a v ~, 7 r Q , `l t oy \~) Y '~~~ _ _^lil I ~~~~ .%,~9 D ~ ~ '• M _Y .v9 I _ ~'T- _ V ~~ A U ~;~ ~: _. I N I The subject property is legally described in this reµ0rt as We wyslcrly 1/2 of ~.•Lot 24, excepting the southerly 3U feet thereof, Rochester 'Tract, as per' plat recorded in Doak Y of plaps, Page 211, Records of San Denninliuo County, State of Calilbruia. a a w O la California Landscape Contractors Association, Inc. INIJAND EMPIRE CIIAI''fC•R June 13,:969 "Ir. gea udry T. Parker Bupark Lnterprises Inc. i155U Vuie yard Ave. Suite k103 kaneLo fueamonga, Ce 91730 Uear .'Ir. Yarker, We, on [he awards committee of the Leland Empire Cha pier of the California Landscape Contractors Association, extend our congraCUlatlons to you and your staff for your ewa rd winntng landscape projects honored at our recent awards ceremony. We recognize the time and effort it takes to be presented with [he following awards: FIRST PLACE Special Landscape Installation Archibald Ave. Entry Flonumencs FIRST PLACE SLope Plaucing, Pu61ic Works Landscape Installattun !umes S. Pearson Ya rk SPECIAL EFFECTS AWARD SPECIAL AIIARUS CA'I'F.GONY Santa Fe Trail Historical Ya rk yip ,.a ha., ^^_et ,r - p..._ ~.. yo.. ,. ,. .. ... ~. ia[iun anJ wish you continued success •in your pursuitcof excellence in the landscape industry. Once again, congratulations. 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V~eant ua (sson..r. i ~ ~~~ ~,~ 1 ~ ~,` .., e~ APN< 20Fi-622-21 _ ' " ~ El R~ Mexican Food R Ma riscos~ - ~ - - - - - - - - _ - 8417 Haven Ave. Rancho Cucamonga, Ca. 91730 ---~~ -------' -.-~~ , Located within the K Mart ~ I ~ II i Shopping Ce r.ter Property Currently Zoned: Conine rcial Zoning of ad,jac en t. Properties; North; industrial Park/Haven Ave. Overlay/ISP sub-area 7 South; Industrial Park/Haven Ave, Overlay/ISP sub-area 6 (vacant) East Industrial Park iSP sub-area 7 West Industrial Park/Medium High Residenftial/Haven Ave. Overlay (vacant) I~ soetorrez 03jan90 COPY JAN 0 4 ~. wwn /w.a-w... r.fW. wxr r.n,wwrr. u..-r.. w./...,w.. o[.. a.,. [0/}KOION /0~ QCONOIK SMI1Y1 EE[B/LESI 1. ttvF(0) Oi IICEN}FI}1 fI1E ND. fw Oaporl~M d Akahd4 Mrbopr Conrad 190 }u 80rvrdleo O/ SAL[ B[BII i YI1R 9ECEIfl NO. C I) 5a.onwh, Ca}I. 9}[i[ K. wn~...:.n..~ I { [AfIMC [9 ~C8 GFI J CODE }0}} lA. arNvvO.wd ArWr appflr ia. I:w, dpn;Md w b0eou I Dda I~woA 3. NAME(}I Oi AIEIKANf(S) Tvp. 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South; General lndustrila Park, Specific Industrial Plan Sub-area 2 East General Industrial Park, Specific Industrial Plan Sub-area 2i3 West General Industrial Park, Specific Industrial Plan Sub-area 2 05jan1990 ~ ~~ joeto rrez /9 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January I7, 1990 ~~ T0: City Council and Lity Manager ~~ FROM: Russell N. Maguire, City Engineer iv BY: Linda Beek, Junior Civil Engineer SUBJECT: Supplement to Staff Report Item No. D-5 - Authorize the advertising of the "Notice Inviting Bids" for the 19th Street Improvement Protect, from the west City limit to Carnelian Street, to be funded from Systems Development Fund, Account No. 22-4637-8743 In the Background/Analysts of the staff report Item No. D-5, the advertising is scheduled for January 23 and January 30, 1990, with bid opening at 2:00 p.m. on March 8, 1990. The bid opening date should be changed to read February B, 1990, at 2:00 p.m.. The attached resolution reflects the above-mentioned change. Respectfull ubmitted, RHM:CBad~ ------~'----_ Attachment RESOLUTION N0. 9Q - [~~ A RESOWTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TH STREET IMPROVEMENT PR0.IECT", IN SAID CITY AND gUTHORI ZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. NHER~AS, ft is the intention of the City of Rancho Cucamonga to construct certain improvements in the City pf Rancho Cucamonga. NHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "19th Street Improvement Prof ec t". 8E IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by ;aw for the receipt of sealed bids or proposals for doing the work specified to the aforesaid plans and specifications, which said advertisement shall be 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, Calffornia, directing this notice, NOTICE IS HEREBY ri YF4 •hat rho eatA r: ~.. ,.c o....,._ r _ City Clerk in the offices of the Cityyof Rancho~CUCamonga,aon~or before thetne hour of 2:00 o'clock P.M. on the 8th day of February 1990, sealed bids or proposals for the "19th Street Improvement Pro,iec t" in said City. Bids will be opened and publicly read impediately in the office of the City Clerk, 9320 Base line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga Calffornia, marked, "Bid for Construction of 19th Street Improvement ~oJect". PREVAILING NAGE: Notice is hereby given that in accordance with the provisions of ralifornia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required Lo pay not less than the general prevailing rate of eer dieiB roast for work pF a sim!13r Char at ter in the ;Gtdilty i^ which the public work is performed, and mat 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 the 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 fn the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Ltne 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. RESOLUTION N0. JANUARY 17, 1990 PAGE 2 The ContracWr shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (f25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is patd less than the general prevailing rate of wages hereinbefore stipulated for any work Bona under the attached Contract, by him 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 as amended by Chapter 971, Statutes of 1939, and in accordance wixh 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 1771,6 of 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 protect 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. Mhen unemployment 1n the area of coverage by the Joint apprenticeship '" "" 2"cce3cu a,i arc, oya ui ii yercent in [ne yU nays prl or to~the~request for certificate, or g. Mhen the number of apprentices in training in the area exceeds a ratio of one to five, or C. Nhen the trade can show that it 15 replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or ~. Nhen 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 15 required to make contributions to funds established for the administratior. of apprenticeship programs if he employs registered apprentices or Journeymen in any apDrenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 to the employment of apprentices. RESOLUTION N0. JANUARY 17, 1990 PAGE 3 Information relative to apprenticeship standards, wage schedules, and other requirements mAy be obtained from the Director of Industrial Relations, ex-officio the A6ainistrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for ail workmen er,loyed 1n the execution of this contract and the Contractor and any subcontractor under hfa 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 (f25.00) for each laborer, workman, or mechanic employed 1n the execution of the contract, by him or any subcontractor under him, upon any of the work herelnbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or pereltted to labor more than eight (0) 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 1n the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's band, payable to the City of Rancho Cucamonga for an amount equal to at least Len percent (lOS) of the amount of said bid as a guarantee t.".at th::'.dd.r 7 r,,:a, ini.u tree proposea contract if the same 15 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 Droperty of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount 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, 1f any, shall be returned to the lowest bidder. The amount of the bond to be given to Secure a faithful performance of the contract for said work shall be one hundred percent (1005) of the contract price thereof, and an additional Dond in an amount equal to fifty percent (505) of the contract price for said work shall be given to secure the payment of claims for any materials or suDDiles furnished for the performance of tho work con*_racted to be done by the Contractor, or any work or labor of arty 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 for the construction of said work. RESOLUTION N0. JANUARY 11, 1990 PAGE 4 No proposal will be considered from a Contractor whom a proposal fon has nos been issued by the CTty 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 Drofessions 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 Drofiles, plans, and specifications of the City of Rancho Cucamonga on f11e in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and speciftcatlons, ava11ab1e at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of 535.00, said 535.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonrelmbursaDle payment of 520.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter Into a contract 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 speciftcatlons 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 taco rl tioe in llm~ nF ~...~_~ ~i t~~:i.J. (j.cf iuiidou~e ,ei.eniiunl• 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 AND ADOPTED by~jie Council of the City of Rancho Cucamonga, California, this day of 19 ATTEST: y er ADVERTISE ON JANUARY 23, 1990 JANUARY 30, 1990 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Junior Civil Engineer SUBJECT: Authorize the advertising of the "Notice Inviting Bids" for the 19th Street Improvement Project, frog the west City limit to Carnelian Street, to be funded frog Systems Development Fund, Account No. 22-4637-8743 It is recommended that City Council approve plans and specifications for the 19th Street improvement Project, from the west City limit to Carnelian Street, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The subject project plans and specifications have been completed by B.S.I. Consultants, Inc., reviewed by staff and approved by the City Engineer. The Engineer's estimate for construction is ;279.000.00. ~^,^,'_~ ^rti s'. i.y TS beiniuu ieJ iur January es and January 30, 1990, with the bid opening at 2:00 P.M. on March 8, 1990. Attachment Respec Ty submitted, % r 16A: RESOLUTION N0. 9C`~ " C~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TH STREET IMPROVEMENT PROJECT", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. NHE":AS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. NHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "19th Street Improvement Project". 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 ar proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be 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, California, directing this notice, NOTICE IS HEREBY ~:~~~ uiu v.L~ ui nau~iiu i.uwixunya 11111 receive dL Lae UiY1Ce Of Lhe Ci ty .Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. on the 8th ddy of March 1990, sealed bids or proposals for the "19th Street Improvement Project" in said City. Bids will be opened and publicly read imrediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga„ California, marked, "Bid for Construction of 19th Street Improvement Project". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Oivislon 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor 1s required to pay not less than the general prevailing rate of per diem sages for wank of a siaSlar character in the 7ocaiity ir. which the public work is performed, and not less than the general prevailing rate of per diem wages for holiddy and overtime work. In that regard, the Director of the Department of Industriai Relations of the 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 shah cause a copy of such determinations to be posted at the job site. d I RESOLUTION N0. JANUARY 17, 1990 PAGE 2 The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (f25.00) for each laborer, workman, or mechanic employed 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 for any work done under the attached contract, by him or by aW 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 as amended by Chapter 971, 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 of the Labor Code concerning the employiaent of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen 1n any apprenticeable occupation to apply to the ,toint apprenticeship caawl7tee nearest the site of the public works protect and which adainisters the apprenticeship Drogram in that trade far a certificate of approval. The certificate will also fix the ratio of apprentices to ,tourneymen that will be used in the performance of the contract. The ratio of apprentices to ,tourneymen in such cases shalt not be less than one to five except: A. Mhen unemployment in the area of coverage 6y the ,toint apprenticeship ^^^'ttcc F.ac -cCCd a:a~aya ui 15 yer~enL in ciie 9u Days Dn or to the request for certificate, or B. Mhen the number of apprentices in training in the area exceeds a ratio of one to five, or C. Mhen the trade can show that it 1s replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. Mhen 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 ,tourneymen. The Contractor 15 required to make contributions to funds established for the admfni;iration of apprenticeship programs if ha employs registered apprentices or ,tourneymen in arty apprenticeable trade on such contracts and if other Contractors on the Dub11c works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 1n the employment of apprentices. d~ RESDLUTIDN N0. JANUARY 17, 1990 PAGE 3 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the DT rector of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) 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 subcontractor under him shall comply with and be governeQ by the laws of Lhe 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 (525.00) far each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon arly of the work herelnbefore mentioned, for each calendar day during which said laborer, workman, or mechanic 1s required or peraitted to tabor more than eight (8) hours in violation of said Labor Lode. Contractor agrees Lo 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 submit 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 (lOS) of the amount of said bid as a guarantee way we uiuuer will en per rnw we pruyoseu can cracc it cne same is awaraea to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. [f the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount 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 bond to be given to secure a faithful performwnce of the contract for said work shall be one hundred percent (100Y) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50Y) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the Derformwnce of the xork ^^-tracted •^ be done by the Contractor, or any work or idbor of aRY 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 many be entered Into between him and the said City of Rancho Cucamonga for Lhe construction of said work, .~3 RESOLUTION N0. JANUARY 17, 1990 PAGE 4 No proposal will be considered frao a Contractor whom a proposal form has 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 Ts 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 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 535.00, said (35.00 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 (20.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract 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 SDeciflcations 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 relect any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this _ ddY of 19_ yor ATiFCT• er ADVERTISE ON JANUARY 23, 1990 JANUARY 30, 1990 d~ CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: January 17, 1990 To: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer e~3 . SUBJECT: Approval to execute a Cooperative Agreement with the California Department of Transportation and the City of Upland for the design and construction of a traffic signal at 19th Street (Route 30) and Sapphire Street. The preliminary estimate of cost in the agreement assigns Rancho Cucamonga a share of =35,475 which represents 25% of the total. This will be funded from the Transportation Development Account No. 12-4637-8919 RECOIIENDATIDM: It is recommended that the above referenced Cooperative Agreement with the California Department of Transportation and the City of Upland be approved. BACKGRDUND/ANALYSIS The subs ect traffic signal is being constructed under the leaA of Lha City of Upland as a Condition of Approval of a Residential Development on Lhe south side of 19th Street at Sapphire Street. Rancho Cucamonga staff has been insisting on the installation of this signal as a prerequisite to occupancy of the homes 1n this sub-division. This has received the support of the City of Upland and the cooperation of Caltrans 1n funding their respective shares of the signal, which 1s to be installed as a Capital Improvement Pro,iect by the City of Upland. The work will be done in coordination with the developers Improvements on 19th Street an6 with the Rancho Cucamonga Capital Improvement Protect on Sapphire Street and 19th Street. The fffial cost of Rancho Cucamonga's share may increase or decrease, depending on the actual pro,iect cost. It will always be 25% of the total. Resoectfu}tr submitted, NM: PAR ay Attachment RESOLUTION N0. 9~- Qa~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIYE AGREEtENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF UPLAND FOR THE DESIGN AND CONSTRUCTION OF A TRAFFIC SIGNAL ON 19TH STREET (ROUTE 30) AT SAPPHIRE STREET WHEREAS, the City Council of the City of Rancho Cucamonga desires the installation of a traffic signal at Sapphire Street along with the extension of Sapphire Street south of 19th Street for the safety and efficient flaw of traffic at the intersection; and WHEREAS, the City of Upland has required this traffic signal as a condition of development of property within it's ,iurisdiction at the tntersection; and WHEREAS, the California Department of Transportation has agreed to fund Its 508 share of the design and construction of the traffic signal; NON, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, hereby approves the cooperative agreeaM•nt described 1n the title of this resolution and authorizes execution thereof by the MAyor, funding 1s to be provided from the 198E-B9 Transportation Development Fund Account No. 12-4637-8919 in the amount of 535,475 recognizing that this amount is subiect to final determination and adjustment as provided 1n the agreement. ~~ -- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 ~'" T0: City Council and City Manager ~ CJ FROM: Russell H. Maguire, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: Approval to execute Contract Change Order No. 2 with Don Greek and Associates to provide additional engineering services for expanded scope of work on 19th Street connection to Highland Avenue, Phase II - Highland Avenue east of Haven Avenue and Haven Avenue from 19th Street to Haven Pillage Driveway, C.0. No. 89-073. The Change Order is for the total amount of (3,300,00 to bring the contract total to f28,132.00 to be paid from Systems Development Fund, Account No. 22- 4631-8852. It is hereby recommended that the City Council approve and execute the above sub,{ect Contract Change Order No. 2 with Don Greek and Associates. BACKGIIOUMD/ANALYSIS: The firm of Don Greek and Associates is engaged in prepartng plans, specifications and estimates for Phase II of the Highland Avenue and Haven Avenue Improvements. The work to Haven Avenue consists of a decian fnr 3 lanes of traffic in each direction between 19th Street and Highland Avenue. Staff has been working with Cal trans on lane widths and the location of the proposed freeway off ramp at Haven Avenue. In order to get Lhe 3 lanes in each direction along Haven Avenue, the limits of this phase have been extended northward from Highland Avenue to Haven Village Driveway with this design. Therefore, 1t 1s necessary to increase the contract to include additional engineering services in prepartng plans, specifications and estimates for the expanded scope of work on Haven Avenue. The Change Order is for a total amount of f3, 300, 00 to-bring the contract total to (28,132.00 to be paid from Systems Development Fund, Account No. 22-4637-8852. RespecEbu~,ly,sudmi iced, ~~~ /'~y / Rl~MO: pam CITY OF RANCHO CUCAII~IONGA STAFF REPORT Date: January 17, 1990 To: Mayor, City Council and City Ma na qer From: Jim Hart, Administrative Services Director Subject: FISCAL YEAR 1988-89 CITY ANNUAL AUDIT RECOMMENDATION: ~~C(~~ GVGAAfO 2~ ~'~ ~~ . C" A J, Q Ia 1977 1 I City Council receive and accept the fiscal year 1988-89 Comprehensive Annual Financial Reports (CAFR's) as presented by the City's independent audit staff, Lance, Soll and Lunghard. BACK6RDUND• Annually, the City is audited by independent auditors who determine the acceptability, according to established Governmental Accounting Standards, of the City's accounting and financial record system. The audit for Fiscal Year 1988-89 (July 1, 1988 through June 30, 1989), has been completed and is attached for your review. The auditors have not identified any problems in thn fitv~c fins nra c_vcf am fhaf md< Tho rift/ rnn nnil~c aHUn•inn n .~:nn For the third year, the CRFR'snare being presented to the California Society of Municipal Finance Officers (CSM FO) and the Government Finance Officers Association (GFOA) for award consideration. The City has received the CSM FO award for the past 2 years and was awa rdxd the GFOA award for the first time last year. We continue to be proud of the quality of work accomplished by the Finance Division. Respet tful ly submitted, ~~ Jim Hart Administrative Services Director JH/dah CITY OF RANCHO CUCAMONGA STAFF REPORT Date: January 17, 1990 To: 14ayo r, City Council and City Manager Frem: Jim Hart, Administrative Services Director Subject: 0.UTHORILITI ON TO SIGN SMALL CLAIMS LOURT DOCUMENTS RECONMENDATI ON: GUG,yO ~9 2" ~ n K 7 c ,r YII IA f", Q ~Z U D W' ~ Lity Cou nril authorize Lhe amendment to Resolution 81-154D designating personnel to sign Small Claims Court documents. BACKGROUND: Octasio pally, the City must pursue collection of debts through use of Small Claims Court. To process documents for Small Claims Court actions, individuals Mho sign the documents must 6e formally authorized to do so. ,4ttached is a P,c solutton amending authorization to sign Small Claims Court documents. Respectfully submitted. ~~ Jim Hart Administrative Services Director JH/dah RESOLUTION N0. 81-154E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION N0. 61- 154D AND NAMING THOSE INDIVIDUALS WHO HILL BE ALLOWED TO SIGN SMALL CLAIMS COURT DOCUMENTS. The City Council of the City of Rancho Cucamonga, California, does hereby resolve as follows: In order to comply with the requirements of the municipal small claims court of the County of San Bernardino, it is necessary to name certain individuals as Lhose persons authorized to sign court documents as required on behalf of the City of Rancho Cucamonga. THEREFORE, the following named individuals are authorized to sign all necessary court documents: Jim Hart Administrative Services Director Susan M. Neely Finance Manager Chuck Varney Lead Business License Technician Y.a th teen James Account Technician 30 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner SUBJECT: APPROVAL OF THE BANNER POLICY AND THE APPROPRIATION OF I. RECOMMENDATION: The City Council approve the Rancho Cucamonga nneali~r oT~cy and authorise the establishment of an expenditure account in Fund 25 of 512,000 for the design, purchase and installatton of four banner poles. II. PURPOSE: To establish a City policy for community event banners an~Te establishment of an expenditure account in Fund 25 for the design, purchase and installation of four poles for two special community supported banner locations. One banner will be located on Baseline, west of Haven and the second on Archibald, south of Foothill. This do t{on will Tmolewent the Ci tv Ceunrtl'c ronu ncf in. providing the opportunity for announcement banners that will alert the community to special community events. Following Council's authorization, it Ts anticipated that the poles will be installed by July in order to allow the flying of banners beginning July 1, 1990. City ylanner BB;sp Attachment: Banner Policy CITY OF RANCHD COCPMDNGA BANNER PDLICY A PPRO YAL S Requests to harp a banner mist be made in writing to the Dep artme n4 of Commin ity Se.^vices prior to August 1 of every year. The banner mist: [] Be for a comnu nity-wide event and open to the general public, and ~_J Be of significance to the Cityrs heritage, and (~ De sponsored by the City of Rancho Cu carmng a, and Be approved by the City Council. DURATION Only six special event banners per location are permitted during each calendar year and mAy only be displayed for a period of up to two weeks. The City reserves the right to take any and all six display periods. However, a hearing of the Park and Recreation Commission will be held in SeptenDer of each year to consider all appltcations that have been deemed complete and submitted with fee prior to August 1. final approval shall be made by the City Council. BANNER LOCATION The only designated banner locations are on Archib old nnr•rh nr ivu Lirii i and oa SC Llne west Of HdVen. SPECIFICATIONS All banners are three feet in height and thirty feet to length, and upon receipt of a proposed message and required fee, the City will cal se the preparation of the banner to begin and will display the banner drring the approved display period. The sign copy shall be limited to the nacre, date, time, and location of the event. Final approval of the message on the banner will be made by the City Council with the approval of the application. The installation and removal of the banner will be the responsibility of the City. Following the display period, the banner will be returned to the aoolicant. The established fee includes the preparation, installation, removal, and storage of the banner. 3~- CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: January 17, 1990 TO: Mayor and Members of the City Council, and City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: CONSIDERATION TO RSQOEBT CITY COUNCIL APPROVE ALLOCATION OF $1,200 POR CONPSRSNCB FE88 FOR T88 CALIFORNIA BPECIALI3ED TRAINING INBTITDTE 80R THE PUBLIC SAFETY COMMI8820N FROM IIND88I0- NATSD BOND BALANCE Recommendation Staff is recommending that funds be allocated which would enable two members from the Public Safety Commission to attend this training institute. Rackaround The California Specialized Training Institute (GETS) pro- vides an excellent and extensive training program on what to do in case of an earthquake. A number of public agencies within Rancho Cucamonga have sent people to these classes so that Rancho Cucamonga can be prepared in case of an earth- quake. The Public Safety Commission is requesting that City Council approve the allocation of funds so that they may benefit from this excellent program. The average cost per person would be $600. This includes conference fees as well as room, meals and travel. A copy of the brochure outlining this conference is available for your consideration. Re ectf ally submitted), ~_ rry B. Fulwood Deputy City Manager JBF/pr 90-6 n n CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Magid re, City Engineer BY: Mike Olivier, Senior Civil Engineer e~3 . SUBJECT: Approval of the Environmental Initial Study, Parts I and II, for Phase I Improvements to the Cucamonga Storm Drain. A resolution accepting and approving the Initial Studies and the issuing of a Categorical Exemption for the project is attached. RECOMENDATIOM: It fs hereby recommended that the Ctty Council adopt the attached Resolution accepting and approving the Environmental Initial Study, Parts I and II for the proposed Phase I Improvements to the Cucamonga Storm Drain and issuance of a Categorical Exemption therefor and direct the City Clerk to file a Notice of Exemption pursuant to the California Environmental Qual7ty Act. BACI(6ROIIMD/ANALYSIS: This report presents an Environmental Assessment Initial Study for the proposed Phase I Improvements to the Cucamonga Storm Drain. In conformance with the California Environmental Quality Act, the attached document has been prepared to permit construction of the subject storm drain improvements. Said improvement generally entails the construction of a new underground reinforced concrete storm drain, roughly parallel to the existing Cucamonga Storm Drain, to increase capacity to Flood Control Master Plan requirements. It is the Engineering Staff's findings that the proposed project will not create a significant ad~rse impact on the environment. The pro,{ect is noted as being part of the City's Master Plan for Storm Drain Improvements, and therefore recommends that these Improvements be classified as Categorically Exempt. RespectfyllY submitted, ~ ~fl RHM. Attachment ENVIRONMENTAL REVIEW APPLICATION INITIAL STUDY -PART I GENERAL For ail projects requiring environmental review, this form must be completed and s~~bmitted to the Development Review Committee through the department where the project apPlic ation is made. Upon rece iot of this aoolication, the Planning Division staff will prepare Part II of the Initial Study and make recommendations to Planning Commission. The Planning Commission will make one of three determinations: (1) The project will have no significant environmental impact and a Negative Declaration will be filed, (2) The project will have a significant environmental impact and an Environment al 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: Cucamonga storm Drain - Phase 1 xmorovements Applicant's Name, Address, Telephone: city of Rancho cucamonaa (7141 989-185 9320 Baseline Road. P.O. Box 807. Rancho cucamonaa. CA 91730 Name, Address, Telephone of Person To Be Contacted wu~ei n uiy iii i a ~ i u~eu v. JCT l L OL d^ ^O cucdmOn d Engineering Department, P.O. Box, Rancho Cucamonga, CA 91730 1714) 989- - 1862 LOCaLiOn of PrOjeCt:Ci}a, ~f amh~ Lt,~ammu,a ~q'n~ina i Vi evaxa Ac :.nUe approx- imatly 750 feet I~ of Cucancnga Creek (nannel, Proceedina in a north easterly Airarf irm in SPRR R/W IStY'Kt'T Fa vemnrl and SRf'FCT FaF1 a is arir O a rpX. 600 £E2t. Assessor's Parcel No.: nx,r Aool' ahi List other permits necessary from local, regional, state and federal agencies and the agency issu ing such permits: street encmuclurent mrmit fran citv_of_Bancho '1yca++r,nrta nd ~ rmi Cm G m in0 .,+ t<+ Flood n 1 Dis i OnstrilCt _~__ drain ;r. ~PtZ"T; ~_arui _i:?~~»rs>Lfrcr~ saithe,,n Pacific Pnilroad. PROJECT DESCRTPTiON Proposed use nr proposed project: Tne protect consists of constructing a new wderernur;d reinforced concrete starer, drain to increase capacity to Flood Control Master Plan zeauizements. Acreage of project area and square footage of existing and proposed buildings, if any. 'N~a .,_ _._. Describe the environmental se_tti~ of the pro,iect site including information on topography, sus stabs sty, plants (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): mho ca efcrl poMinn of tho rnicrt <;rP is the existira railroad hod for the Southern Pacific Railroad, mnsiting of gravelly sand, sloping gently to the west and free of vegetation. Vineyard Street is the southwesterly portion o the project site. Vineyard Street is an improved residential street sloping westerly at two to six percent. There aze no buildings within the project site. A.y e.Y stint la-,dmarKS wits be protected in place and will not be disturhed by the proposed project. Is the project part of a larger project, one of a series of cumulative act tons, which although individually small, may as a whole have significant environmental impact 'fie ia~rnydpe...t a a ;.art of Lt,e %;tv's o _ ^L' uas`-: g_ar, vi drainage to provirie flood control for the Rancho Cucamonga camunity. 'Phase I is part of a five phase inpmvei~ent of k}:e CLCamonga Storm Drain fzcm Cucamonga Channel to Anethyst Avenue. 3C~ 1.7 MILL TH[S PRO.IECT: YES NO 1. Create a substantial change in ground contours? x 2. Create a substantial change in existing noise aT produce x vibration or glare? 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? x 4. Create Changes in the ey.:sti.^.g Zc.^. !.^.g cr General Plan designations? X 5. Remove any existing trees? How many? IS ~ i 6. Create the need for use or disposal of potentially has ar•dou5 materials such as toxic substances, flammab les or explosives? _ X Explanation of any YES answers above (attach additional sheets if necessary): The existing trees that will be removed are locat d on oriva propr ~yh ~ the City is acqu iring right-of-way The Citv has off r d to r 1 fn * s , but the orooerty owner has opted for compensation for th r ~ ins an 7. Estimate the amount of sewage and zol id waste ma[erf als this project will generate daily: „~a n Cvhi afe 46n m6n ni ~~~.. .,d ~-... i. ~ Tenporary ConsttuctionJTia ffic~Only~ " ~~ ~~~~~ project: 9. Estimate the amount of grading {cuttingg and filling) required for this prof ec t, in cub lc yards: N/A 10. If the project involves the cons tructN~A of residential units, complete the form on the next page. CERTIFICATION: I here 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, and information presented are true and correct to the best of my knowledge and belief. I further understand that additfonal information may be required to b2 i3bdii iLrd hvfnre nn ad a_nuato nya iiiar ipr -,,,~ no madC by the Pldr ui ii~g Division. Date: 1-5-90 Signature ~lwp+.~ ~-~. Title Senior Civil Engineer 37 -; 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 Dropo sed residential development. Developers are required to secure letters from the school district for accommodating the increased number of students prior to issuance of building permits. Name of Deve Toper and Tentative Tract No. Specific Location of Project PHASE 1 PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: 2. Number of multiple family units: 3. Date proposed to begin construction: _ 4. Earliest date of occupancy: _, _ ___ Modell and B of Tentative 5. Bedrooms Price Range -4 " CITY Oi AANCNO COLA.MONCA PAAT II - INITIAL STUDY ENVIRON?lENtAL CHEC};LIST DATE: /-5-70 A°PLICA.Yi: City of Aancho Cucatronga FILING DATE: LOC NU!ieER: 93_dh't7-ABdy PROJECT: Cticaironga Storm Drain: Phase I IltrJroyPJfnllts PROJECT LOGTION: CLCanaanga Storm Drain, Station 17+78 to station 22+22 I. E!NIRO\TffNTAL Il1PACT5 ' (Explanation of all "yaa" and "maybe" ansuara ar• required on actached sheets). YES MAYBE NO 1. Soils and Geology. N111 the proposal Rava sign lEScanc resulca 1n: a. Unacable ground co ndf Ilona or Sn changes !n geo log le rely efonshipa? $." ~ ^!Crp~t' " iayia cemnn[a, COmpaC C10^ Or buzlal of tha soil? X c. Change Sn topography or ground aurfau concour Snce rvalai X. d. i'he daarructfan, covering ar modiflutfon of any umique geologic or physical festuras? .___ ~ e. My porane3al increase in vlnd or voter e ro afar of aof la, af(eccing either on or ofF e lte condltona7 ___ X [. Changes in nrm alon all to cion, or depaslcion? X g. Expo au re - PeOOia ;e!!Y nu'ogi- hazards such as earchquakea, landalld ear mud- alldes, ground [allure, or similar hazards? _ __ X h. M increase Sn the race oC ex e~ractlon +nd/or uaa oC any mineral resource? ~- 7C 2, Hydrology, Al ll the proposal lava sign111unc ra salts in: 3q a. Changes in currents, or the course cf dire[ [fore of fleeing screams, rivers, or ephemeral scream channels? . D. C~angea in absorp clan rates, drainage paccerna, or the race and amount of surface vacer cunofF? c. Al ceratlona to the course or Elov of flood vats rat d. Change Sn Che amount of surface eater 1.^. a..-,v body of vacer? ' e. Discharge Snco surface uacers, or any aloe ra ciao of surface vacer quality? f. Al [oration of groundwater cha raccerist Sca? g. Change 1n the quantity of groundvatera, either through direct addlclona or vith- dravala, or ehreugh interference with an equif er? Quality? Quantl ry? h. The reduction Sn the amount of vacer other- wise available far public vacer aupplles? 1. Expoaute of people or propnrcy to vacer related hararda such as flooding or aeichea? 7. Air Qualf ty, Hill the proposal have aigniffcant results 1n: a. Cone unt or periodic air emissions from mobile or indirect sources? Stationary aouzc es? b. Da[ariotat ion of ambient air quality and/or lnterf et onto with the etc alnme nt a[ applicable air qua lltT standards? ' c. Alteration of local or regional [lima clc conditions, atf ec ting air movement, moisture or temperature? v. Dioca Flora. HS11 cha pro poaal have sign if lean[ results lni •. Change !n the the ratcerisclcs of spec les, Snclud£ng diversity, die cr ibuclon, ar number of any •paefu of pl an ta? b. Reduc [fore of the numbers of any unlqu e, rare or aodanga red apaclea, of planca? .. .. _~. .,. ~O. _. ~.:,ys,.. .. YES w.~ygE SO ' X X X X __ X _, __ X _- X __ ~( -_ ~ X X X -_ X YES `1gYH° \0 c. Snerodu[[Son aE nev or disruptive species of plant loco an area? X d. Reduction in the po [en clal far agricultural pfiduccion? X Fauna. 4111 [ha proposal 'have significant results Sn: a. Change Sn the character is cite of species, including diversity, d1s [ribuclon, or numbers of any species of animals? g b. Reduction of [he numbers of any unique, rarn or endangered species of animals? X c. 2ncrodut tfon of nev or disruptive spacing o[ animals into an area, or result 1n a~barrier to the migration or movement of animals? X d. Deter loratlon or removal of axis clog fish or vildll[e habl ca c? X 5. population. 4111 thn proposal have significant reaulca in: a. Lull the propcaal alter the location, dlstrl- buclon, dens icy, dive rsi[y, or grouch race of :ha human population of an arna? 7( b. 4111 the proposal affect existing housing, or <reace a demand s„~ .a., _. c_y ....... .,a, n 6. Hoc1o-EC Onooic Fac co ra. 4111 che.prapoasl have sign iz icanc zt suite So: •. Change !n local or regional aoclo-aeonomic charactarlsc lc s, including economic or comma r[fal dlvenity, tax rata, and property values? X b. 4111 pro~etT coats be equ LCably die cr lbu cad among protect benef l[farlea, S.e., buyers, [ax payers or prof etc users? ~ ~ X 7. Land Use and Flannlne Canalderaclona. 4l11 the prapoaal have eign3f scan; results in? a. A sate cant Sal alto ration of the presnnt or planned land use o[ an arna? X b. A con Ellcc with any deaigna[1ona, obi act Svea, polic lea, ar adopted plans o[ any governmental entities? X c, M impact upon the qulalty or quantity o[ •xis clog coneumpctva or non-consumptive r ecuaclonal oppor[u n t c ies? X L ~I 1 ~ _~ { ..ye 4 YES TAY9E NO g. Transoortatfon. Nill [he proposal have slgnlflcan[ results !n: a. Generation of subs [social addlclonal vehicular movemen c? ~ _ _ b, Ef facts on axis[Sng streets, or demand for nev street construction? X_ c, Etfects on existing parking facilities, or demand for nev parking? g d, Scbetan[lal Smpect upon exis clog trans po rca-~ eion systems? X e. Alte to dons Co Ares enc patcerm of clrcula- clon ar movement oC people and/or goods? _ - X f. Aleeratlone to or ef[ect5 on present and po cenclal eater-borne, rail, mass transit or air tutfic? g g. Increea ee in Craf Fie hazards co mo cor vehl cl es, b itycliac! or pedes cri ens? ~ X 9. ~Cul eural gesources. Nill ehe proposal have adgni£icanc resulCS Sn: a. A dl9 cu rh anCe [o the integrity of archaeological, paleon ca logical, and/ar his [o rical resources? X 30. Nea l ch Safety, and Nu Ssance Factors. V~+± [fit -. r _.,-. ,,.... sagnitlcanc results ,ln: e. Creation of any health hazard or potential health haze rdl _--_ _ _ X b. Exposure of people to potential heelch hazards? _ _- X e. A talk of exploa ion or release of hazardous subs [anew Sn the event of an etc ident? N d. M increase Sn the number of individuals or epecles of vector ar pathenogenlc organisms or the exposure of people to such orga niams? X e. inrressa ir, exi9 cing noise levels? ,_ _ X f. Exposure of people co po e¢n dally dangerous no isa level!? % g. The creation of ob)ecc to nahle odors? _ X h. M Sncru ee in light or giant _ ~ X ~ ~~ 5 YES Y{y gE' YO 11. Am ehe[ic s. N111 the proposal have aSgnitlcanc tesul to !n: a. Thn mbatruccion or degradation of any scenic v~aca or v1evT ~ X b. The et uclon of an aesthetic ally oftens Sve nice? X e, A con Clltt with [he obi ectlve of des lgnatnd or pocen clal scenic corridors? X 12. ll[i11t1es and Pub1!t Sc: aces, Nlii the pto pasal have a significant need for neu systems, or alteru lone to cha follow Sng: a. Electric power? X b. Natural or pecks ged gas? ~ X c. Co®unlcatlons systems? X d. Nater supply? X e: Naatevater facilltf es? ~ X f. Flood con crol aeruttu real X g. Solid waste fac111c1es7 ~ ~ X h. FSre protection? X ~ o...._ p- ...,.,,,,. X ~. Schaolat X k. Parka or other re~rea~fo nal Lac 111 c1 ea7 _ _ g 1. 1fa Sntananca of publ (c facllit ias, including • ~ roads amd flood control tacillclea? ~ ~ m. Other govt romental services? ~ 17, 'EnereY and Scarce Reaou rc es. N111 cha proposal' have lignii itanc results ln: a. Ufa o[ sub s[antial or excess lve fuel or energy? X b. Substantial increase !n demand upon existing ' tourc ea of energy? X e. M lneraaaa In the demand Lor deval opmanc oL new aourcaa of energy? X d. M lncr use or parpecwtlon oL cha eonaumpcton o[ non-r mavabL forma of energy, when faaa l6lf [eneva6le taurcea of energy am avalLblat - X - ~~ 6 YES :.~Y9E NO e. SubaCanclal depletion of any nonrenewable or eearee natural resource? ~ ~ X 14. Mandatary FLndlogs of S1gn1 E1cance. a. Does the pro]ect have the potential co degrade the quailty of the environment, aubscan dally reduce Che hahlcac of Elsh or wild! Lfe aped es, cause • fish or wild ll Ee pOpula Lion co drop b elov self soots fining levels, ehreacen [o elimina to a plan[ or animal communi cy, reduce Che number Or rescrlc[ the range of a rate :. andangered plane or animal or el iminace Smpoicanc examples of [he ma]or periods of Ca lifornfa his co ry or prehis COry? X b. Does the pro]ecc have the potential co achieve ahorc-tarn, ca the dlsadvancage of long-ce rm, environmantal goals? (A short-term Smpacc on the environment is one which o«ura in a relaclvely brief, def1n1c1ve per SOd of time vh Sle long- Cerm impacts will endure yell Snto the furor e). "_ (~ e. Daea [he pro! etc have imps[ ca vhich ara Sndlvidually limited, but cumulaclvely tom ldersb la? (Cumulacivtly considerab fie means chat eha incremen cal of (e cta of an indly !dual pre]ee[ are cans Sd erahle when Vfeved 1n connection with the offers of pas[ pr6]iC t9, and probable fucu re pro]ec cs), r x d. Does the pro]etc have environmental of Ceccs vhich will [suss sub scan dal adveraa effeeca on himan beings, either dire ccly or fodlreccly? V X II. DISCUSSION OF FNl'IRONMENTAL EVALUATION (S.e., of off irmaclve answers co ehe above quaaciona plus a discussion of propo aed ^ici ga [ion measures). please see attachn~nt for discussion 1 I Pege 7 III. DE7ERMI NATI ON On the basis of this initial evaluaiton: ^ I find the proposed project CDULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wilt be prepared. ^ I find that although the Droposed project could have a significant effect on the environment, there will not be a significant effect 'n this case because the mitigation measures described on an atY arhad sheet kayo been added to the prnj ert, A NFGATTVE DECLARATION WILL 8E PREPARED. Q I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENT IMPACT REPORT is required. ® I find the proposed project CATEGORICALLY EXEMPT per Article ~, Class ~, Section 15aoD of the Caliform a nvironmental Qua ity Act. Date i-s•)o 'Mr..k>L ~>~~ --Signature Senior Civil Engineer Tit e II. DISCUSSION OF THE ENVIRONMENTAL EVALUATION I. 1. b.: Soil will be removed during trenching operations for the storm drain. Soil will be bac kf filled and compacted after the storm drain is installed. Excess soil will be removed from the site and disposed of by the Contractor. I. 2. b.: Phase I improvements to the Cucamonga Storm Drain will decrease the amount of surface water runoff. I. 2. c.: Phase I improvements to the Cucamonga Storm Drain will conduct an increased amount of flood waters to the Cucamonga Channel. I. 6. a.: Increased rapacity to handle runoff and flood water may enhance property values in the area. I. fi.b.: Funding exists from the City-wide drainage fund. There will be no new asseeamenta. I. 8. a.: During the course of construction, trucks delivering construction equipment and materials to the site will use adjacent streets as will trucks removing spoil materials Prom the pipeline excavation. Once construction is completed, .,ohi.•nlen sn Doha will rotnnn to n n- conatruetionvlevels. I. 12, f.: An existing transition structure at the upstream end of the existing storm drain will require modification to accept the proposed added storm drain. I. 12.1.: Maintenance of the additional storm drain will be performed by the City of Rancho Cucamonga. 6605d.1tr I~ APPENDIX E NOTICE OF EXEMPTION TO: _ Secretary Ior Resources FROM: City of Rancho Cucamonga 1416 Ninth Street, Room 1311 P.U. Box 807 Sacramento, Calitomia 93814 Rancho Cucamonga, CA 91730 X County Clerk County of San Bernardino 385 N. Arrowhead Ave., 5th Floor San Bernardino. CA 92415 CUComOngd Storm D Project Locatim-5pecltrc Vineyard Ave. approx. 750 ft. NE cf Cucamonga Creek Channel proceeding in a NE direction a distance of Approx. 600 ft. rolect Lxation~ity Project Location-County City of Rancho Cucamonga, County of San Bernardino Desaiptim o1 Nature, Purpaaq and &ne[iciazies of Project Storm Drain Improvements for Flood Control ame o[ Publie Agency Approving Project City of Rancho Cucamonca.City Council Name of Person or Aganey Carrying Out Project Rancho Cucamon a Exempt tstus: Chet One _ Mlnbterfal (Sec. 1J073) _ Declared Emergency (Sec. 13071 (a)) Emergency Project (Sec. ISG71 (b) and (c)) ~ Categorical Exemption. State type and section number. A rticie 19 C1?ss 3d. Section 15303_ fa_lifnr„ta cn~ir~,,.,_e~r~[ n~„i: ty Act Reasons wFy project is ezempto Storm Drain Improvements in accordinance with City's Master Plan of Drainage Contact Person Area Co a Telephone Ez[ension Jerry Dyer, Assoc. Civil Engineer (714) 989-1862 J21 It It app scant: 1. Attach certilled document of exemption linding. '.. Yas a r~o:ite o cxamptial been ^lad by Cho public agency approrhtg the projectl Yes _ No _ Date Received [or Fliing it 7 ~ :g" ussell re (~ t ~ 1~ 701 RESOLUTION N0. ~O - 0~1 A RESOLUTION 6F THE CITY OF RANCHO CUCMIONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED PHASE I IMPROVEMENTS TO THE CUCAMORGA S?ORM DRAIN NHEP S, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Phase I Improvements to the Cucamonga Storm Drain; and WHEREAS, said improvements require an Environmental Assessment; and NHEREAS, an Envl ronmental Assessment Initial Study has been prepared purscant to the California Environmental Quality Act, as amended. NOM, THEREFORE, DE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City of Rancho Cucamonga hereby approves the EnvironmenTaTAssessment Initial Study and issuance of a Categorical Exemption for the proposed Phase I Improvements to the Cucamonga Storm Drain. SECTION 2: The City Clerk 1s directed to file a Notice of Exemption pursuant to e a forma Environmental Quality Act. ~ V CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Gary Varney, Maintenance Supervisor Streets d Storm Drains SUBJECT: Approval to lease/purchase two (2) trucks, conventional cab-chassis with modifications for Asphalt Patch Truck bed, to be purchased from Dieterlch International Truck Sales, Inc. of San Bernardino, CA, in the amount of 5221,399.03 to be funded from two Account Numbers, I.G.S. Account No. 22-4225-7045 and General Account fund No. 01-4647-7045 RECOMMENDATION: It is recommended that the City Council award the tease/purchase of two (2) trucks, conventional cab-chassis with modifications for Asphalt Patch truck bed, in the amount of f221,399.03, The purchase to be funded by I.G.S. Account No. 72-4225-7045 for one truck and the second truck to be funded from general Account No. 01-4647-7045. BACKGROUND/ANALYSIS At 10:00 A.M, on Mondav. Decee~ber 18. 1989, bid oroposals for the lease /ourchace of two (2) trucks with modification for Asphalt Patch truck bed were received and opened in the City Purchasing Office. Seven requests for proposals were sent out, four were received, two were no bid. The two bids received were from Inland Empire Nhite G.M.C. of Riverside and Dieterlch International Truck Sales, inc. of San Bernardino. The bid from Inland Empire Nhite G.M.C. of Riverside did not follow instructions, they failed tc complete column in Section II as to whether or not equipment and components meet specifications as called out in specifications instructions. Nhite G.M.C. Trucks do not meet continuity of established fleet, and would further increase ezpendltures to stock iw!cessary parts and specialty toolSTor a unique vehicle. In that the bid proposal is not in compliance with bid specifications, staff recowmends that bid proposal be re,)ected. The bid received from Dieterlch International Truck Sales, Inc. is 1n compliance by meeting or exceeding the City speclHcattons on perfornwnco and equipment standards expected. Respe 's tied, l'~`1 i /f~~ RNM:G •sfw~ CITY OF RANCHCJ CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, C', tY Engineer BY: Linda Beek, Jr. Civil Engineer SUBJECT: Award and authorization for execution of contract for Base Line Road Street Improvements, Stona Drain and Traffic Signals Improvement Protect, from west of Victoria Park Lane to west of Interstate 15, for the amount of f1, 547 ,016.00 (f1,473,405.50 plus SS contingency), to be funded with Systems Development Accounts Numbered 22-4637-8940, 22-4637-8941 and 22-4637-8730, and Etiwanda Drainage Account No. 19-4637-8840 RECOMIENDATIBM: It is recommended that the City Council accept all bid proposals as received except proposal submitted by Laird Construction which shall be reiected as non-responsive and award and authorize execution of contract for Base Line Road Street Improvements, Storm Drain and Traffic Signals Improvement Proiect, from west of Victoria Park Lane to west of Interstate 15, to the lowest responsible bidder, Gentry 8rnthers Incorporated, for the amount of (1,473,405.50 and authorize the Administrative Services Director to expend (1,547,076.00 (f1,413,405.50 plus 5$ contingency) to be funded from the above- mentioned accounts. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on December 19, 1989, for the subject project. Gentry Brothers Incorporated, is the apparent lowest responsible bidder with a bid amount of f1,473,405.50 (see attached bid summary). The Engineer's estimate was (1,520,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements, except the bid submitted by Laird Construction which contains a transeesitton error. Laird Construction furnished upon request the attached confirmation which staff concurs with. Therefore, it is recoamended that the proposal received from Laird Construction be rejected as non-responsive. Staff has completed the required background investigation and finds alt bidders to meet the requirements of the bid documents. ~~ ~_i Respec~ n s o fitted, RNM:LB• Attachment cc: Purchasing Q d s r ~ ~_ ~ 7 4 ~ .. a ~ ~ ~ a e ~ "a a ". $~ ~ '~ ~ ~"~' ,.~~ g ~ ~ $ ~ ~ s ~ n ~ ~ a ~ 8 9 3 6 o ~ N Ste. E f ~ ~ ~. ~ ~ ~ ~ S ~ ~ y ~ fl 3 ~ .~ 4 e F ~_ ~ E i ~ ~ ~~i e~ ~I e 51 CITY OF RANCHO CUCAlYSONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager PROM: Russell H. Maguire, City Engineer BY: Linda Beek, Jr. Civil Engineer SUBJECT: Award and authorization for execution of contract for Arrow Route Street Improvements, Phase II, located on the south side of Arrow Route, from Archibald Avenue to Hermosa Avenue, including the Traffic Signal at Arrow Route and Hermosa Avenue and the Traffic Signal upgrade at Arrow Route and Archibald Avenue, for the amount of (507,540.00 (f461,399.91 plus 108 contingency), to be funded with Systems Development Account No. 22-4637-8735 and T.D.A. Article 8 Account Nos. 12-4637-8829 and 12-4637-8830 (FY 89/90) RECOMENDATIOM: It is recommended that the City Council accept all bid proposals as received and award and authorize for execution the contract for Arrow Route Street Improvements, Phase li, to the lowest responsible bidder, Mobassaly Engineering, Inc., for the amount of 1461,399.91 and authorize the Administrative Servivices Director to expend (507,540.00 ((461,399.91 ~1~, 10: wnLinyg0.Ji w ue iunueu frw Lne above-menu ones accounts. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on December 19, 1989, for the subject project. Mobassaly Engineering, Inc., is the apparent lowest responsible bidder with a bid amount of f461,399.91 (see attached bid summary). The Engineer's estimate was f568,000.00. Staff has reviewed ail bids received and found them to be complete and in atcardance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Resp submitted, Attachment cc: Purchasing ~~ l a s _ ~ ~ p . ~ ~ a s e ~ a ~ ~ ~ ~ a ~ ~ C 3 3 ~ ~ s ~ s s a Y w' Y 9 8 y ~ ~ Y ~ S S~ i tl Ri 3 ~~ ~~ o~ v a ~ ~ g : fi ~ ~ ~ W ~ ~ ~ ~ ~ s ~ = e s s ~ ~ ~ y ~ ~ ~ & .~ ~ ~ e a A~ z 5~ CITI' OF RANCHO CtiCAMONG.4 STAFF REPORT ;~ DATE: January 17, 1990 T0: City Council and Li ty Manager FROM: Russell M. Maguire, City Engineer aw Da ul A. Rnuaeau. Traffic Engineer ~~I SUBJECT: Approval to award and authorization for execution of Professional Services Agreement with RAMCO Consultants for the acquisition of right-of-way far the realignment of the Foothill Boulevard - Rochester Avenue intersection anal the installation of traffic signals. The consultant's fee of ;i1 ,600 plus a 10$ contingency, a total of f12,760, fs to be funded from the Transportation Development Account No. 12-4637-8705. RECOIYEMDATSON: It is heresy recommended that the City Council award and authorize for execution of the above referenced Professional Services Agreemant with RA.MCO Consuitants. BACKGROUNO(ANALYSIS The plans and specifications for the installation of traffic signals at this location, along with mat or retonstruction of the intersection is underway by the firm of J.F. Davidson Associates. The design has proceeded to the point where right-of-way needs have been determined and it is desirable now to acquire the right-of-way. The firm of RAMCO Consultants has provided right-of-way services far many protects to the City and is currently working on an acquisition in this vicinity. Because of its record of excellent service, RAMCO Consultants is reconended to pt3vide these services. ResDecif bmy~d, „/r ~/. _~ RNM:PAR~y Attachment RESOLUTION N0. ~~_ e~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO AWARD AND AUTNORIUTION FOR EXECUTION A PROFESSIONAL SERVICES AGREEMENT KITH RAMCO CONSULTANTS FOR THE ACQUISITION OF RIGHT-OF-NAY FOR THE REAL[GNMENT OF THE FOOTHILL BOULEVARD - ROCHESTER AVENUE INTERSECTION AND THE INSTALLATION OF TRAFFIC SIGNALS. WHEREAS the City of Rancho Cucamonga desires to realign the intersection of Foothill Boulevard and Rochester Avenue and install traffic signals at the intersection and as a consequence has requested the services of a qualified right-of-way acquisition consultant and; WHEREAS the firm of ARMCO Consultants has offered to provide such right-of-way acquisition services for an appropriate and acceptable fee. NOW THEREFORE BE IT RESOLYEO THAT THE CITY CWNCIL aF THE CITY OF RANCHO CUCMMINGA does hereby resolve to award and authorize for execution Professional Services Agreement with RAMCO Consultants to provide the above described right-of-wdy acquisition services. Such work shall be performed for a fee not to exceed f11,600 to be funded fray the Transportation Development Account No. 12-4637-8705, A contingency in the amount of lOS of the contract amount shall also De established for use under the approval and direction of the City Engineer for extra work as may be required during the course of the protect. ~y CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer i SUBJF.,,T: Approval to award and authorization for execution of Professional Services Agreement with DGA Consultants, Inc. for the design of intersection and traffic signal improvea~ents at the intersection of Foothill Boulevard and Haven Avenue. The consultant fee will be f14,685 lf13,350 pt us a 10$ contingency) to be funded from the System Development Fund, Account No. 22-4637-8946. RECOI~EIDATIOM: It is recoa•ended that City Council award and authorize for execution a Professional Services Agreement with DGA Consultants, Inc. for the above referenced work. BACKGROUND/ANALYSIS DGA Consultants, inc. is the consultant firm which has been selected to prepare the plans and specifications for the widening of Haven Avenue from Fourth Street to Foothill Boulevard. In order to avoid the nnnroAirta htn frrtnr of Aolave raucaA by fal tranc rovlaw of nlanc fnr the purpose of obtaining a permit to work within Foothill Boulevard, it was determined that removing the Foothill intersection work from the larger protect would be beneficial. The work, as referenced above, was deleted from the scope of work of the larger protect. In order to insure proper coordination of both protects it is strongly recaanended that the same consulting engineer, DGA Consultants Inc., be selected for work on the smaller protect. OGA Consultants has agreed to a not to exceed fee of f13,350 for this protect. It is recoa~aended that the 513,500 fee ptd>ra lOf contingency for a total of 114,685 be funded from the System Development Fund Account No. 22-4637-8946. Respectfull u 1 Led, RHM:PAR Ty Attachment RESOLUTION N0. ~~ _ ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFRRNIA, TO ANARD AND AUTHORIZATION FOR EXECUTION OF PROFESSIONAL SERVICES AGREEMENT N1TH DGA CONSULTANTS, INC. FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR A DESIGN OF INTERSECTION AND TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF FOOTHILL ~OULEYARD AND HAVEN AVENUE. NHEREAS, the City Council of the City of Rancho Cucamonga desires to improve the intersection of Foothill Boulevard and Haven Avenue including Street and Traffic Signal Improvements and; NNEREAS, the firm of DGA Consultants is involved in plan preparation for an adjacent protect and has provided a proposal for this work, which is satisfactory in scope; NON, THEREFORE, 9E IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE to award and authorize for execution Professional Services Agreement with DGII Consultants Inc, to provide services as specified above. The work shall be performed for a fee not to exceed f13,350 to be funded by the System Development Fund, Account No. 22-4637-8946, a contingency in the amount of lOf of the contract amount shall also be established for use with the approval and direction of the City Engineer for extra work as may be required during the course of the protect. ---- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager I FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Jr. Civil Engineer SUBJECT: Award and execute the Professional Services Agreement for the Inspection Services for the Base Line Beautification Pro,{ec t, Carnelian Street Parkway Renovation and Hillside Road Rehabilitation Improvements pros ects to NBS/Cowry Engineers for the amount of (40,280.00 to be funded from Beautification Account Nos. 21-4647-8793 and 21-4647-8046 and Street Rehabilitation Fund Account No. 09-4637-8813 RECQAEMDATION: It is reconmended that City Councii accept the submitted proposal, award and execute the professional services agreement for Inspection Services for the Base Line Beautification Protect, Carnelian Street Parkway Renovation and Hillside Road Rehabilitation Improvement protects Lo NBS/Cowry Engineers for the amount of f40,280,C0 to be funded from Beautification Account Nos. 21-4641-8793 and 21-4647-8046 and Street Rehabilitation Fund Account No. 09-4637-8813. BPCKGROUND/ANALYSIS Staff has received from NBS/Cowry executed Professional Services Agreements and Tnsurance documents, reviewed them and found them to be complete and in accordance to the City's requirements. Res'~~( f ly/su Ttted, R :LBa~m_= r CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: Mayor amd Members of the City Council FROM: Brad Buller, City Planner BY: Miki Bra tt, Associate Planner e~3 . SUB,I ECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROFESSIONAL SERVICES AGHEEMEN7 - A request t0 dpprOVe YI'Dte551 oval SerY1C05 Dy lA' aTa~Cssociates for Community Development Block Grant Administra tf on and also for administration and implementation of the Housing Repair and Rehabilitation Program for an amount not to exceed 371,024- I. RECOIMENOATION: Staff recommends that the City Council grant by m rum-a~~ion approval of the attached Professional Services Agreement for the purpose of providing Community Development Block Grant Administration and Housing Repair and Rehabilitation Program .Administration. II. BACKGROUND AND PNALYSI S: A request for proposal for Block Grant erv ces was c rc'i-uTEe~ nn Dctnhar a loan vrr tie ,.~~.,.~_~e .s continuing to receive consultant services for Block Grant Administration. Additional services for implementation of Block Grant Administration and implementation of the CDBG housing repair and rehabilitation program were requested. Upon staff review of the proposals submitted, Nildan Associates was selected as the best qualified applicant for CDDG Administration and for the CDBG Housiny Repair and Rehabilitation Programs. The amount of the Agreemeni is not to exceed 371,024. The term of the Agreement is fi'Oln January 17, 1990 to December 31, 1991. Funding for CDBG professional services will be entirely from Federal Community Development Block Grant funds. Funding for CDBG Administration and for the Housing Repair and Rehabilitation preg ram jc available sD. ci 5031 Year i9B9-9D frDm City Ai:i inin t< N28-4333-8185 and N28-4333-8189. City approval for additional funding for fiscal Year 1990-91 will be requested as part of the 1990-91 GOBG program application. III. CONCLUSION: Staff recommends approval by minute action of the ro ess anal Services Agreement with Nildan Associates and requests the Mayor to s7gn same. CITY COUNCIL STAFF REPORT RE: CDBG AGMT. - NILOAN January 17, 1990 Page 2 Re c ully _ ted, l:- ~~ Br er ~ City anner BB: MB:ko - CITY OF RANCHO CUCAMONGA STAFF REPORT ~ ~;, DATE: January 17, 1990 T0: City Council and City Manager FROM: Russeli H. Maguire, City Engineer BY: Millie Valbuena, Engineering Technician SU&IECT: Approval of indentures between Southern Pacific Transportation Company and the City for construction of an i8 inch Storm Drain and a 24 inch connector and riser at Rochester Avenue northerly of Base line Road, and approval of related agreements between the Nilltam Lyon Company and the City RECp/EMUATIDN: It 1s recommended that the City Council adopt the attached resolution approving the Indentures between the City and the Southern Pacific Transportation Company and authorize the Mayor and the City Clerk to sign same. in adaition, it Is recommended that the City Countii aaapt the attached agreements between the City and the Nilllam Lyon Company and authorize the Mayor and the City Ci erk to sign same. BACKGROUND/ANALYSIS Ine Southern Pacific ira nsportatton Company has issued the attached indentures to the City of Rancho Cucamonga for the construction of an 18 Inch Storm Drain and a 24 inch connector and riser at Rochester Avenue northerly of Base Line Road. Construction of the above storm drain facilities were made as part of the conditions of approval of Tract No. 13279, located east of Milliken Avenue, south of Highland Avenue and west of the Day Creek Channel. The Nilliam Lyon Company, the developer of the sub,~ect tract, have further submitted agreements (attached for approval), to fulfill the construction qulrelaents as stipulated in said indentures. Resp~lf~CecLu~ted; "I~H~NV:Iy .% ~~ Attachment RESOLUTION N0. 9Q '~j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AGREEMENTS KITH SOUTHERN PAf.IFIC TRANSPORTATION COMPANY FOR CONSTRUCTION OF AN 18 INCH STORM DRAIN AND A 24 INCH CONNECTOR AND RISER AT ROCHESTER gYENUE NORTH OF BASE LINE ROA11 #HEREAS, thx Citl" of Rancho Cucamonga has for its consideration agreements with Southern Pacific TransPOrtation Company; and NHEREAS, the agreements provide for installation of an 18 inch storm drain and a 24 inch connector and riser across said railway for Rochester Avenue north of Base Line Road, and; NHEREAS, the City hereby considers said store drain installations essential to an orderly development of the City. NOM, THEREFORE, BE IT RESOLVED that said agreements be and the same are hereby approved and the Mdyar 1s authorized to sign sane on behalf of the City and the City Clerk to attest thereto, C~3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer ., ,~ SUBJECT: Approval of Change Order No. 1 to the professional services agreement with Parsons, Brinckerhoff, Quade and Douglas for the design of modifications to the Foothill Boulevard - Route 15 interchange, CO 89-001. Amount of the change order is (20,300 for an increase in the scope of the design work. Funding has been approved from the Redevelopment Agency Account No. 13-50300, resulting 1n a total contract amount of f191,800. RECOMMEMDAT(ON: IL is hereby recoamended that the City Council approve and execute the above referenced contract change order 91. oiWnul(VU~U/ MU1L f ~ 1 J The firm of Parsons, Brinckerhoff, Quade and Douglas is engaged in preparing the plans and specifications for the modification to the Routes 66 and 15 interchange near the future regional center. The work until now has involved adding an additional on-ramp for north bound traffic, widening the north bound off-ramp to Foothill Boulevard and widening the east bcund lanes of Foothill Boulevard to provide three lanes of traffic. This involves widening of the bridx and re-building of retaining walls under the bridge. It has became evident that the widening of the west bound lanes of Foothill Boulevard to the full three lane master plan width would be desirable at tM s time to eliminate the need fdr future work within tie limits o. the interchange. with this change the design contract will provide for complete engineering improvements within the limits of the interchange, as required by Caltrans. CITY COUNCIL STAFF REPORT APPROVAL OF CHANGE ORDER N0. 1 JANUARY 17, 199D PAGE 2 For these reasons it is necessary to increase the contract to include the additional engineering services for the expanded scope of work on Foothill Boulevard. The change order 1s for a total amount of f20,300 to bring the contract total to f191,500 to be paid from the Redevelopment Agency Account No. 13-50300. R~~y ~u itted, RN AR:Iy Attachments: Contract Change Order Letter of Proposal from Parsons, Brt ncKerhoff, Quade and Douglas C~ 5 DATE: T0: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT January 17, 1990 City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Norks Inspecttot~ Release of Bonds and Notice of Completion RECOMMENDATION: The required street improvements for CUP 87-16 have been completed in an acceptable manner, and it is recoanended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorl ze the City Clerk to release the Faithful Perfornance Bond in the amount of f397,965. BACKGROUND/ANALYSIS CUD 87-16 - located on the southeast corner of Footh111 Boulevard and Hellman Avenue. DEVELOPER: NuMest Company i~suii Miismre aouievara, a•auu Los Angeles, CA 90025 Release: Faithful Performance Bond (Street) 5347,965 Respe ly submitted, i / M. :dl w' ac---• -wttt.aueeen ~ RESOLUTION N0. 90- C~,.J/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 87-16 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE VIORK 4EREAS, the construction of public improvements for CUP 87-16 have bean coyplated to the satisfaction of the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOM, THEREFORE, the Cfty Council of the City of Rancno Cucamonga hereby resolves, that the work is hereby accepte6 and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: T0: FROM: BY: SUBJECT January 17, 1990 City Council and City Manager Russell N. Maguire, City Engineer Steve M. Gilliland, Public Works Inspector ' -r Release of Bonds and Notice of Completion RELOMIEIMTIOM: The required street improvements for DR 88-08 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 1n the amount of 530,000. BACKGROUND/ANALYSIS DR 88-OB -located on the north side of 7th Street between Neuman Avenue and Archibald Avenue. DEVELOPER: Goi den West Properties Jvvl MacArthur Boulevard /200 Newport Beach, CA 92660 Release: Faithful Performance Bond (Street) 530,000 Re~~t~ su/bmitted, ,~' / - f ~ .. /~=~ J~ / RHM:SMG:dIw ~~' ~, ~ A lla{.IIIPCnI ~, RESOLUTION N0. Cf ~'C~3~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGl1, CALIFORNIA, ACCEPTING THE PUBLIC IMPROYEMENTS FOR DR 88-OA AND AUTHORIZING THE FtLING OF A NOTICE OF COMPLETION FOR THE NORK i4EREAS, the construction of public Tmprovements for OR 88-08 have been completed to the satisfacti~, of the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancbo Cucamongga hereby resolves, that the work 7s hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8Y: Steve M. Gilliland, Public Norks Inspecto~~. SUBJECT: Release of Bonds and Notice of Completion RECOMMENDATION: The required street improvements for Parcel Map 9504 have been completed to an acceptable manner, and it is recamaended 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 Bonds in the amount of 5200,000 and (315,000. BACKGROUND/ANALYSIS Parcel Map 9504 -located on the northeast corner of Base Line Road and Naven Avenue. DEVELOPER: Lewis Development Company 1170 norm MOOanrAln AVentle Upland, CA 91186 Release: Faithful Performance Bond 5200,000 Storm Drain and Under,round 1 ng 5315,000 Street Respectf~ull Submitted, '~~i /% ~ puu. wr. di,.. ~._~' Attachment RESOLUTION N0. 90 - Q 3 3 A RESOLUTION OF THE CITY COUNCIL ~ THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9504 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK rIHEREAS, the construction of public improvements for Parcel Map 9504 have been completed to the satisfaction of the City Engineer; and NNEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOM, THEREFORE, t'ne City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 7r ORDINANCE N0. 410 AN ORDINANCE OF THE CITY CD UN CIL OF THE CITY OF RAN Ct10 CU C.AMON GA, CALIFORNIA, ADDING A NEW CHA"TER 5.16 TO THE RMICHO CUCAMONGA ML'NI CI PAL CODE PERTAINING TO THE FILMING PERMIT PROCESS dE CITY COUNCIL OF THE CITY OF RANCHO CU CAt1ON GA DOES HERESY ORD A[N AS FO LLOwS: SECT IO!J 1: The Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 5.16 thereto to read, in words and figures, as follows: Chapter 5.16 FILM PERMI'(S Sections: 5.16.010 Purpose and Intent. 5.16.020 Definitions. 5.16.030 Permit Required. 5.16.040 Exemptions. 5.15.050 Film Permit Officer--Responsibilities. 5.16.060 Fees. 5.16.070 Permit Application. 5.16.080 Oeterm ination by film Permit Officer. 5.16.090 Appeal to City Council. 5.16.100 Permits--Approval Pen od. 5.16.110 Permits--Amendments. 5.16.120 Rules and Regul aticns. 5.16.130 Public Facilities. 5,16.140 ira ffic Control. 5,15.150 Iris ur anrn and Indemnity. 5.16.160 Suspension. 5.16.170 Revocation. 5.16.180 Violation as a Nuisance. "5.!6,010 Purpose and Intent, This chapter is intended to standardize filming permit procedures to facilitate filming within the City of Rancho Cucamonga, to assure that such activity is consistent with the public heal t.h, safety, and general welfare and the pro ter, tion of pru perty. 5.16.DLU Derini ti ons. For Lhe pu rpa se Of thli ChdpLer, Lhe following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context That a different meaning was intended: A. "Film or filming" shall include, but shall nut be limited to, feature motion pictures, video tapes, television, and commercials. 8. "Production" shall mean the activity of making a film for commercial or noncommercial purposes on property owned by the City or on private property within the jurisdiction of the City. 7~- Ordinance No. 410 Page C. "News purposes", as specified in this chapter, shall mean filming or video La pi ng for television news broadcasting by reporters, photographers or camera persons in the employ of a newspaper, news service, or si;r~il ar entity, of new events concerning those persons, scenes, or occurrences which are in the news and of general public interest. The filming or video taping of such shall be for regularly scheduled news programs (hut not maga zi n? or documentary programs) ar.d special news programs which are not pre pl ann~^. ar,d are broadcast within twenty-four hours after the event. 0. "Chariiabie pu rpus ee" ~hnil mean f~ rainy cr v;dea taping f°- motion picture or television production conduc Led Eby an organization in which no individual either directly or indirectly receives a profit from the production, marketing or showing of the films or La pes. E. "City" shall mean the City of Rancho Cucamonga, a municipal corporation formed and operating pursuant to the laws of the State of California. F. "Pe rmitte e" shall mean any person, firm, corporation, or group or combination acting as a unit to whom or which a film permit is granted by the City under the provisions of this chapter. "5.16.030 Permit Required. Except as otherwise provided, it shall be unlawful for any person to engage in the business cr activity of fil ming, vi dee toping or producing motion pictures on motion picture film or electronic video tape for public exhibition as motion pictures or for television, at any place within the City, other than at or in an established motion picture or televisi cn studio or entirely within an enclosed structure or building, with no outside storage of tilming equrpmenr„ wrcno UL a nim permit rruin sire ~iim Permit Officer. Any person interested in filming within the City shall complete in full a film permit application a5 stated in this chapter and provide to City all the information requested therein. "5.16.Oa0 Exemptions, Tha pravi sions of this chapter shall not apply to: A. The filming or video taping of motion pictures solely for private or family use; 3. The filming or video taping of motion pictures for use in a criminal investigation, civil proceeding, and emergencies such as fires, floods, police ar, Lions, etr,.; L. the iii ming or Video taping or` muiiun pictm'ea iur nevi par p"vies (but not inn ga zine or documentary programs); D. Education, Government, and Public Access and Local Origination programs for cable television systems franchised within the City; ~3 Ordinance No. 410 Page 3 E. The filming or video taping of motion pictures by the City itself (e.g. video taping of sewer lines and Media-Services programming); and F. Any other activity as deemed in the public interest by the Film Permit Officer. "5.16.050 Film Permit Officer--Responsibilities. This chapter shall be admi^'ste red by the Community Development Director whe se responsibilities shall in~~~ude the following functions to be carried out either directly or by su co rdinate employees: A. Marketing. Attraction of motion picture production to the Gity. O. Coordination. The Film Permit Officer shall work directly with the permittee to assist in expediting to the greatest extent possible the issuances of all use permits necessary for motion picture production, by coordinating all City department reviews and approvals. If other non•City agencies have jurisdiction, the Film Permit Officer shall notify such overlapping jurisdictions and shall inform Lhe permittee in writing on the permit. "5.16.060 Fees. Each application shall 6e accom pained by a nonrefundable application and investigation fee payable to the City which shall be set by resolution of the City Council; provided, however, that no fee shall be required of applicants filming or video taping for motion picture or L=leyisio.^. produc±i o.^. for charitable purposes, as defined in Section 5.15.020. If the fil rn Permit Officer determines that any potential danger to the public's health, safety, or general welfare or oro oerty would be eliminated by the presence of police or fire protection at the site of the filming or video taping for motion picture or television production, the Film Permit Officer may grant the film permit upon condition that the permittee pay in viva nce to the City, the costs of such police or fire protection as may be required. For filming permits which necessitate the City to provide services Lo the permittee in addition to police or fire protection, service charges shall be imposed. Such charges will be determined~by the applicable servicing City depa rtment(s1 and shall"De based on the actual cost incurred by the City in providing such services. Such service charges shall include, but shall not be limited to, charges for labor, supervision, overhead, administration and Lhe use of any and all City equipment, supplies, etc. Additional charges may be imposed to cover the cost of extraordinary film permit investigation and/or Staff r.05 L5. if thr City Mann oar Fa alc Chic i< n rn<carv In addition to the feels) required herein, a business license tax !whatever the current rate may be) shall also be required and shall be payable to the City. 7`~ Ordinance tlo. 410 Page 4 "5.16,070 Permits--Application. An applicant must submit a permit request, on a standardized application form as established by the California Film Commission, at least two (2) working days prior to the date on which such person desires to conduct filming activity, including preparation, shooting and strike days. If such activity interferes with traffic or involve=_ stunts or special effects, an application must be submitted at least four (4) working days in advance and ten (10) working days in advance for road closures. Permit a°rl ica tion information may be given by the production company to the City by .el epho ne. The production company shall keep a copy of the permit pos tee on-site in a conspicuous place at all times. "5.16.080 Determination by Film Permit Cffice r. Before granting any film permit pursuant to this chapter, the Film Permit Dfficer shall determine that such filming or video taping for motion picture or television production will not unreasonably interfere with the public health, safety and general welfare cr unreasonable endanger any property. In making this determination, the Film Permit Officer shall take into consideration the noise, traffic hazards, fire hazards and other environmental problems, including health and safety which are likely to be caused by such activities. In granting the permit, the film Permit Officer may further impose any reasonable conditions as are necessary to protect the public health, safety, and general welfare or property. "5.16.090 Appeal to City Council. A. Any applicant aggri..•'d by any decision the Film Permit Officer with respect to a film permit may appeal such decision to the City Council within ten (10) days following notice of such decision. 3. A written request for such appeal shall be filed with the City Clerk and all su r.h requests shall contain the following information: 1) The name and address of the applicant; ?1 The date of the decision in question; ;) The reasons for the appeal; and 4) The grown ds relied upon for relief. The appeal request shall be accompained by a non-refundable appeal fee in an amounC"to be set by resolution by the City Council. Upon receipt of the appeal request, the City Clerk shall set the matter far hearing at a regular meeting of the City Council no later than thirty (30) days following the date the appeal request was filed. Notice of the time and plate of thr. hearing shall be mail ea to the applicant, by certified mail, no later titan nn~ A~vc 1_n hFc d>}n ch fnn Fnarinn Caid n4irn ~l~ designate certain records that the applicant is required to reproduce ~atvthe time of the hearing, C. At the hearing as prescribed by this section, the applicant and the City may submit any and all evidence as they believe to be relevant. The City Council may require the presentation of additional evidence from either the applicant or the City, or from both, and may continue the hearing from 75 Ordinance No. 410 Page 5 time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the City Council may, by resolution with findings, a7prove, reverse, or modify the decision of the City 14anager and such decision of the City Council shall be final. "5.16.100 Permits--Aopro val Period. Permits granted pursuant to this chapter shall be valid for the period of time necessary to film a specific s hrt or s~~uen ce of shots, including preparation, shooting and strike days. ''6.iti.110 Permits--Amendments. Minor additions, corrections or alterations to a permit shall be made available by way of application for an unlimited number of "riders", which shall be attached to the original permit in writing. However, a permit cannot be extended or amended by rider after the com pl eticn of the filming activity. Significant changes to the original permit shall require a new permit application. "5.16.120 Rules and Reoul ations. The desi 9nated Film Permit Officer is hereby authorized and directed to promulgate rules and regulations, subject to approval by resolution of the Council, governing the form, time, and location of any film activity set forth within the City. He/She shall also provide for the issuance of permits. The rules and regulations shall be Fased upon the toll awi ng criteria: 1. The health and safety of all persons; :. Avoidance c, un Cue d', sruption of all pe rsc rs w~~hin the offer ted area; 3. The safety of oro oe rtv within the Citv: and 4. Traffic congestion at particular loco ti ons within the City. "5.16.'.30 Public Facilities. Use of any public facility within the City may require an additional rental or use agreement. "5.16.110 Traffic Control. Far filming that would impair traffic flaw, the applicant shall be required to submit an application for temporary major closure to the City Engineer, concurrent with the film permit request. The pe rmittee shall corllilfy with ali traffic ce nt rol requirements deemed necessary. "5.16,150 Insurance and Indeinni ty. It shall be a to ndi ti on of the issuance and continued validity of any film permit yra nted pursuant to this rho ntnr that t_ha na rmi tt ao fi ref n6rai~ £~. ,..d ;..~,; .. ....t: general liabtltty ~i ns urance approved as to-form by,the~City Attorney which shall inscro the City, its officers, and employees against any liability, or claims of liability, brought or made by or on behalf of any person for personal injury or property damage caused by or arising out of any negligent act or omission of either the pe rmittee, his agents or employees, including any officers or einpl oyees of the City, or caused by or arising out of the condition of any City-awned or controlled property, whether real or personal, ~~ Ordinance No. 410 Page 6 and occurring during the period and as a result of the activities for which such film permit was issued. The amount of coverage to be provided by such policy shall not exceed one million dollars ($1,D00,000.00). The permittee may satisfy the requirement imposed by this section through the presentation of a certificate of insurance, for at least the required amount of coverage, which indicates that, by endorsement thereto, the City, its officers, and empi oyees have been added as additional ins ur•eds. Su th certificates shall additiona"y provide that the required insurance will not be modified, changed, ar terminated unless a written notice thereof has been transmitted to the City Cler Y.. The permittee shall use the standarized insurance form as established by the California Film Commission. "5.16.160 Suspension. Any film permit issued pursuant to the terms of this chapter may be subject to inmedi ate suspension if it is found necessary for the protection of public health, safety, or general welfare. Such suspension shall only be instituted upon the recommendation of the City that immediate protective action is necessary. In the event of such a suspension, the Film Permit Officer shall within twenty-four hours after the suspension: ;1) cause Lo be served upon the film permit holder a written s tateinent containing the grounds for suspension and a notice of hearing Lo show cause before the Film Permit Officer as to why the film permit should not be suspended pending revocation hearings; and (2) cause to be served upon the film permit holder a notice of revocation hearing before the City Council as provided in Section 5.16.160. The hearing before the Film Permit Officer shall be held not later than five (5) days following the service of the notice L, the film permit hoide r. "5.16.170 Renovation. A. Any film permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the City Council. A film permit may be revoked under the following circumstances: 1, 'where it has been determined that the permittee has vi ui ated ur has faii ed to coin ply wi til any of the ordinances, resolutions, or applicable regulations of the City; 2. Whereit has been determined tha± the permittee has violated or has failed to comply with any of the terms or condi tiu ns of the film permit; 3. Where it has been determined that the film permit has been - ~ - - ~~; ent ~nforatinn contained in ~t he 4f ilm pe rmitca pphi ca tion; 4. Where it has subseque n±ly been determined that the filming activity will fail to meet the criteria enumerated in Lhis chapter for granting a film permit; or Ordinance No. 410 Page 7 Where it has been determined that the preservation of the public health, safety, and general welfare demand revocation of the film permit. B. A notice of revocation shall he mailed to the pe rmi ttee, by certified mail, stating the grounds for Lhe revocation and providing a date within thirty days of the mailing of such notice for a public hearing before the Cit ~ Council. Upon the conclusion of the public hearing, the City Council may, b~ resolution with findings, revoke or modify the film permit and the decision of the City Council shall be final and conclusive as to all matters in controversy. 5.16.180 Violation as a Nuisance. Any filming, video taping, or related activity conducted contrary Lo the provisions of this chapter shall be and is hereby declared to be an unlawful action and a W bl is nuisance. The City may continence an action at law or in equity in the name of the City in any court of competent jurisdiction against the permit holder to ensure compliance of the terms and provisions cf this chapter. All remedies prescribed herein will he cumulative and the use of any one or more remedies by the City shall nut bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and ci rcai ateJ in the City of Rancho Cucamonga, California. ?8 OROINAN CE N0. 4ll AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO GU CANON GA, CALIFORNIA, P.DOING A NEW CHAPTER i9.16, .qNO AO DING A NEW SECTION :7,02.135, TO TIfE P,AN CHU LU CAMOtJ GA MUNICIPAL CODE PE RTAlN ING TO ES TA6 LISHIIJG XE RISCAPE REQUIREMENTS THE CITY CDUN CIL OF THE CITY OF RANCHO CU C,4MON GA DOES HE REOY ORDAIN AS FOLLOWS: SECTION 1: The Rancho Cucamonga tlunici pal Code is hereby amended by adding Chapter 19.16 thereto to read, in words and figures, as follows: Chapter 19.16 XE RIS CAPE REQUIREMENTS Sections: 19.16.010 Purpose and Intent. 19.16.020 %eri sca pe definition. 19.16.030 Applicability. 19.16.040 Exceptions. 19.16.050 Procedure. 19.16.060 Xe ri sca pe requirements. 19.16.070 Model Homes. n la.Qon c~_~~_~,.„y ;,,~6...iiv in rata of rn nfl irti nn nrnvi Si nnS. "19.16.010 Purpose and Intent. Water is an increasingly limited and costly resource. It is the tote rat of this chapter to establish a water conservation pi an to reduce water consumption in the landscape environment using Xe risca pe principles. "i 9. 16.020 %eri sca pe Definition. "%eri sca pe" shall mean a coin binati or. of landscape features and techniques that in the aggregate reduce the demand for and co nsylpp lion of water, including appropriate low water using plants, non-iivi ng grown dco ve r, a low percentage of turf coverage, permeable paving and water conserving irrigation techniques and systems. "19.16.030 ~l ica bili~. All required landscaping plans shall comply with the provisions of this clia pter and the Xeri sca pe Assessment - ram. "19.16.040 Exceptions. The following shall be exempt fran the provisions of this chapter: A, Yards for single family homes, except model homes as required by Section 19.16.070. 6. Interior remodels, tenant improvements and demolitions. 79 Ordinance No. 411 Page 2 Schools, parks, golf courses or similar public open spaces. D. Changes of use. Projects which do not require a Conditional Ose Permit, Development/Design Review or residential subdivision. Structural additions or detached structures which do not result in an increase of more than 10,"0 of the floor area, or 1,000 square feet, whichever is greater. Replacement or repair of existing plant material or irrigation systems in Co ^j an Ction with fnULl ne mai rit ena nee. "19.16.050 Procedure. The City Planner and City Engineer shall establish a format for pJl ans and any other procedural guidelines far submittal as deemed necessary. "19.16.060 %eri sca ye Requirements. A %eri sca pe Assessment System adopted by Resolution of the City Council shalt establish %eri sca pe criteria for review of landscape and irrigation plans. The Council shall establish as part of the assessment system the minimum number of points a project is required to achieve to receive approval of the landscape and irrigation plans. "19.16.070 Model Homes. To promote water conservation thr cu gh education, 'll single family residential developrents with mere than twc models planned, shall landscape at least one-half of the models entirely with water saving landscaping and irrigation in accordance with Lhe following requirements: 1, Plant Materials: Each "water saving" model shall contain exclusively ow water use plant materials as identified on a list available frorc~ the Planning Division. Other low water plants may be approved by the City Plamie r. 2. Ir~ri a~ti~on ~S s~te~m: Each "water saving" model shall contain exc usi vl eiy an irrigation system that provides a high efficiency in water application according to site conditions. (Drip or trickle ma'~nnt he used in turf areas). 3. Signs; Each "water saving" model complex shall provide the following information to potential buyers: al Fn ni 'lard C' D fn (d) Fnn4 n chill ha located in the front yard ~of each "water saving" model such that it is clearly visible to buyers. The sign shall indicate that the model features a water saving landscape and irrigation design. ~O Ordinance No. 411 Page 3 b) I~nt~erior~Ois~l ay: A drawing, or combination of drawings, shal bl a displayed inside each "water saving" model nr the sales office which provides a schematic of the landscape. These drawings shall inci ude z key identifying the common name of the plants used in the "water saving" model yards. A brochure with the same information may be distributed with the sales information to potential buyers to satisfy this requirement. Literature: Additional literature describing water conserving landscaping and irrigation is encouraged to also be made available to the potential buyer or referenced on the interior display or brochure. "19.16,080 Stat ut or autho rit in case of co nfl ictin o, ovi si ons. Nothing in this chapter shal be deemed to affect, annul or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this chapter. SflCTION 2: The Rancho Cucamonga Municipal Code is hereby amended by adding Section 17.02.135 to read, in words and figures, as follows: "77.02.135 General Oevel opment Standards. The provisions of Lhis section shall apply to all development within the City of Rancho Cucamonga, unless otherwise specified herein. Water Cc ns erva ti on: Landscaping and irrigation must be designed to conserve water through using the principles of %eri sca pe as definad in f. ha rater lq.ln of tho Renr hn f.uramnnna Mnniri nal fnac except where e~xem pled therein. SECTION 3: The provisions of this Ordinance shall not apply to those projects which have beer. approved or ar, ce pled as complete for processing prior to the effective date of this Ordinance; provided no material amendments or extensions are r~ade tc such pr e'v iou sly approved projects. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen X15) days after its passage at least once itRhe Dai1Y Re W rt. a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California, ORDINANCE N0. 413 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAiJ Ci10 CUCAMON GA, CALIFORNIA, SECTION 10.20.020 OF THE RANCHO CU CAMONGA CITY CODE, REGARDING PR1 MA FA CfE SPEED LI HITS UPON CERTAIN CITY STREETS A, Rec Gals (i) California Vehicle Code Section 22357 provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. !ii) The City Traffic Engineer has conducted an en gi nee ri nq and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Part b of this Ordinance. (iii) The determinations concerning prima facie speed limits set Forth in Part 6, below, are based upon the engi neeri nq and traffic survey identified in Section A (i i), above. 6. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF TfiE CITY OF RAIJCHO CUCAMON GA DOES iIC REOY ORDAIN A5 FOLLOWS: SECTION 1: Section 10.20.020 hereby is amended to the Rancho f.u re mnn na fity fndn to road n wnndc and f5 nnn or < fnlln 10,20.020 Decrease of state law maximum speed. It i5 determined by City Council resolution and upon the basis of an engineering and traffic investigation that the speed permitted by state law is qr eater than is reasonable or safe under the conditions found Lo exist upon such streets, and it is decl Bred t'nat the prima facie speed limit shaii be as sec forth in this section on those streets or parts of streets designated in this section when signs are erected giving notice hereof: Jecl ared Prima Facle blame of Street or Portion Affected She ed Limit (MPH) Archibald Ave. - Banyan to North end 50 A:-chi bald Ave. - 4th St. to Arrow~Rt. -48a ker to Haven 45 3a ker Ave. - 8th St. to Foothill Blvd. 35 3anyan St. from Beryl St. to London Ave. ,15 Oanyan St. - from west City Limits to Beryl St. 40 6a se Line Rd. - West City limits to Carnelian 45 V v Ord~i nonce No. 413 Page 2 Declared Prima Facie Name of Street or Portion Affected weed Limit (MPH) 8. Base Line Rd. - Carnelian to Hermosa 40 9. Base Lirie Rd. - Hermosa to Spruce q5 10. Beryl St. - Banyan to end q5 11. Beryi St. - 800' n/o Lemon to Banyan 40 12. Carnelian St. - Foothill Blvd. to end 45 13. nter Ave. - Foothill Blvd. to Church St. 4C '.4. Church St. - from Archibald Ave. to Elm qp 15. 8th St. - Grove to Haven q5 15. Eti wa r.da Ave. - Foothill to Summit .45 '. 1. Fai rnm nt Or. - Milliken Avz. to East end z5 18, Grove Ave. - 8th to Foothill Blvd. 40 19. Haven Ave. - 4th Street to Wilson 45 20. Hellman Ave. - Foothill to Alta Lama Dr. 35 21. Hellman Ave. - 500' n/o Man za ni to to Valley View qp 22. Hellman Ave. - 6th to Foothill q5 23. lier~nosa Ave. -Base Line Road to Wilson Ave. 45 24, Hermosa Ave. - lu it son to Sun Valley Or. 4p 75, Hermosa Ave. - 8th St, to Base L',nz 1d. q5 26. Highland Ave. - Amethyst to Hermosa 35 21. Highland Ave. - from Hermosa Ave. to 800' west of Haven as 28. Hillside Rd. - ranch Gate to Amethyst St. 35 29. Hillside Rd, - Haven to Cani stel Ave. 35 30. Lemon Ave. - Archibald Ave, to Haven ap 31. Lemon Ave. - Jasper St, to Beryl St, 35 32. 9th St. - 3a ker Ave, to Archibald Nve, qp 33. Red Hi';1 Country Club pr. - Foothill to Alta Cues to 35 34. Ror,hester Ave. - Foothill Blvd, to Base Line Rd. 50 35. San Bernardino Rdr - from Vineyard Ave, to Archibald Ave. 35 36. Sapphire St. - Banyan to end 45 37. Sapphire St, - 19th to Leir,on qp ,38. 7th 3t. - Hellman to Archibald Ave. q5 39. Sorur.P Avr. - Flm Ava r~ n~~o t; ~ on 40. Terra Vista Parkway - Church to Bel pi ne 4p 41. Victoria St. - .4 rchi bald Ave. to Ramona 35 42. Victoria St, - Etiwanda Ave. to Rt. 15 qp 43, Victoria St. - haven Ave. to Mendocino qp 44. Victoria Park Ln. - Fairmont Way to Base Line Rd. 35 45. Victoria Windrows Loop (north 8 south] 35 g3 Na~ne of Street or Portion Affected 46. Vineyard Ave. - Church to Base Line Rd. 47. Vineyard Ave. - 8th St. to Foothill Blvd, 46. Vintage Dr, - Milliken Ave. to East enC 49. „`~ttram Ave. - Eti wan da to east Citv Limits 50. Wilson - Amethyst Ave. Haven Ave. 51. Wilson - Haven Ave. to 200' east of Canistel Ave. Ordinance No. 413 Page 3 Declared Prima Facie Speed Limit (MPH) 40 45 35 40 45 40 ;Ord, 169 Section I (part), 1982: Ord. 39 Section 5. 1, 19781. Rancho Cucamonga 5/82 124 (i) Both sixty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which are more than are reasonable or safe; (i i) The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of Lraf fic and are speed limits which are reasonable and safe on said streets or portions thereof; (iii) The miles per hour stated are hereby declared to be the prima tac~e speed limits an said streets; and (iv) The Traffic Engineer is hereby authorized and directed to speed limit declared herein. SECTION 2: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be pu bi is bed as required by law. SFCii OtJ s: the f4ayor shall sign *.his Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of genera; circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, Cal i'f or ni a. 8~f - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 3, 1990 TO: Mayor and Members of the City Council FROM: Duane A. Bakes, Senior Administrative Aesi et ant SUBJECT: SEATEBOAAD ORDINANCE RECOMMENDATION it le the recommendation of the Public Sefeiy Covmieelon chat the Ciiy Couneil adopt the attached ordinance restricting the uee of skateboards. BACROROUNO At the request of the City Council, the Public Safety Cosmieeion considered at Lte December 5, 1989 meeting, several ordinenres regulating the uee of wketeboerds in the nublir. ria_ht of wav. After wxemininn thw eamolw nrdimncea and discussing the item, the Public Safety Commission voted to reconmend to the City Council an ordinance identical to one currently being used in the City of Brea. Attached for the City Council's consideration is the proposed ordinance for the City of Rancho Cucamonga. Reepectfuily submitted, (~ VGLlLA-~L.~ ~~L ~ Attachment pA0/eaf 89-769 8s /~~k January 5, 1990 M'"'-"' - City of Rancho Cucamonga Ms. Debra Adams, City Clerk 9320 Base Line Road, Suite 'C" Rancho Cucamonga, CA 91729 Dear Ms. Adams: This letter ad~~. csses pending ordinance No. 414 pertaining to roller skates, skateboards and similar devtces, whmh had its first reading at the City Ccuncil meeting of January 3, 1990. I am asking that the City Council consider several changes to the ordinance at the second reading. First, as mentioned by Ma Baker in his staff report, I would like the Council to corsider adding the following statement from the San Clemente ordinance: "The City Council is sensitive to the fact that skateboarding is a means of transportation for many of the City's youth, as well as a popular recreational and self-expressive activity; and the City Council, being concerned for the general welfare of the people, hereby finds that in the interest of the public safety it is necessary to regulate the use and operation of roller skates, skateboards and similar devices within the City limits, as set forth below," This statement emphasizes the Council's concern for the youth of the City and shows that the intent of Ne ordinance is in the interest of public safety, no[ the restriction of certain foams of :ccrca:ior.. Second, will the Council re-evaluate Councilman Buquet's inquest to restrict skateboards in nedexlrlan eroxxin¢x. Since, ihix ordinance rc_onlarec roller c4atea roller hladec and possibly other devices as well as skateboards, this provision would be essentially unenforceable. All people operating these devices would still be subject to the same traffic laws as pedestrians using crosswalks. Finally, for the same masons as in the item above, I ask the Council to include the following seciion Crum the Sea Clemente Ordinance: "No person shall use ar operate roller skates, skateboards or similar devices nn a public or private street or alley in the City if them is a sidewalk adjacent and parallel to the stre'eC If no such sidewalk is present, roller skates, skateboards and similar devices may be operated in the street as far on the right-hand side oC the roadway as is practicable, in the same direction as tra(Cic." f feel these changes would make the ordinance more enforceable without severely limiting the recreational opportunities of our youth. Thank you for forwarding this letter to the City Council. Sinccrcl y, Mark Whitehead ~ ~ 'g~VEO 7050 Novara Place Rancho Cucamonca, CA 91701 I-~~ ~ ~^vzd 4-0~1 r 0.a a.,,.~,.,,~ d ORDINANCE N0. 414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY DF RANCHO CU CAMONGA, CALIFORNIA, ADDING CHAPTER 10.65 TO THE RANCHO CU CAMON GP. h41NI CIPAL CCDE PERTAINING TO THE USE OF ROLLER SKATES AND SJ MILAR DEVICES IN CERTAIN ARE P.S ~e City Council of the City of Rancho Cucamonga, California, does hereby ordain as follows: SECTION 1: Chapter 10.68 hereby is added to the Rancho Cucamonga !lun icipal Code to read as follows: "Chapter 10,68 USE OF ROLLER SKATES AND SIMILAR DE'J ICES Sections: 10.68.010 Use of Roller Skates, Coasters, Skateboards, etc., Restricted. 10.68.020 Yielding the Right-of-way. 10.68,030 Attaching to !loving 06j ect Prohibited. 10.68.040 Skatebo girding Prohibited an Private Prn petty in Cor„mercia7 Zones, 10.68.060 Skateboards, Bicycles, Mopeds, and other Coaster Devices are Prohibited Upon Pnt tad Pu hlir Prn nP rtv 10.68.060 Penalty fur Infractions. "10.68.010 Use of Roller Skates, Coasters, Skateboards, etc., Restricted. [t shall be unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle, skateboard or similar device [o yo upon any roadway, in accordance with any and all other provisions of law. ;Ord. No. 223, Sec. 105; Ord. No. 612, Ser,. 1.) "10.68.028'- Yi el di nq the Righ [-oF-way. The driver of a motor vehicle, prior to driving over or upon any sidewalk or public cross walk., shall yield th_ right-of-way to any person riding in, on, or by means of any skateboard, toy vehicle, roller skates, cc aster or si~nil ar device. whenever any person is riding in, on or by means of a skateboard, roller skates, toy vehicle, coaster or similar device on a Public sidewalk or public crosswalk, suc~~ person shall yield Che right-of-way to any pedestrian. (Ord. No. 612, Sec. 2.) "10.66.030 Atta chinq to Movin~0 bj ect Prohibited. It shall be unraw ful for any person riding a skateboard, toy vehicle or similar coaster device to at tac`, to any moving object, including but not limited to persons, bicycles, animals or motor vehicles. ~~ Ordinance No. 414 Page 2 It shall be unlawful for any person ooe rating a moving vehicle to permit any person riding in, on or by means of a skateboard, toy vehicle, coaster or similar device to attach to t'ne motor vehicle while the motor vehicle is in motion. (Ord. No. 612, Sec. 3.) "1 C.68. 040 Skate6oardin Prohibited on Private Pro ert in Commercial Zones. It sha be un awful for any person to ~~de a skateboard or similar coaster device upon private "rape rty '. oca tad ire any wmmerci ai iy zo neo area in the city, so long as such property is posted so as to give reasonable notice of such prohibition. (Ord. No. 612, Sec. 4.) "10.68. G50 Skateboards, Bicvc_l es, Mopeds, and other Coaster Devices are 7rohi bi ted upon Posted Public Pro pe rt v. I~t shall be unlawful for any person to r7 de any skateboard, toy vehicle, bicycle, or any other coaster device, motorized bicycle, moped or scooter upon any public property within the City of Rancho Cucamonga where notice of such prohibition has been posted. (Ord. No. 805, Sec. 1,) "10.68.060 Penalty for Infractions. Any act or omission declared unlawful by the provisions of this Chapter is an infraction punishable by a fine in an amount specified in Section 1.12.030 of this Municipal code." SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Oaily Report, a newspaper of general tirru7 >t ;,," w~l ~~i~=~ iu Lice icy or unc ar7o, Cal 7fornia, and circulated in the City of Rancho Cuc amen ga, California. ~~... ORDINANCE N0. 414 AN ORDINANCE OF ?HE CITY COUNCIL OF THE CITY OF RAilCHO CUCAMONGA, CALL FURN IA, ADDING CHAPTER 10.68 TO THE RAN CIIO C'JCAMONGA MU NIC(PAL CODE PERTAINING TO THE USE OF ROLLER SKATES AND SlMIL AR DEVICES IN CERTAIN AREAS 'dH EREAS, the City Council is sensitive to the fact that ska tebo radinq is a means of tra ns por to *.ion for many of the City's youth, as well as a popular recreational and self-expressive activity. NOW, THEREFORE, the City Council of the City of Ra rc ho Cucamonga, Cal ', fo rnia, does hereby ordain as follows: SECTION 1: Chapter 10.68 hereby is added to the Rancho Cucamonga Municipal Code to read as follows: "Chapter 10.68 USE OF ROLLER SKATES AND SIMILAR DEVICES Sections: 10.68.010 Use of Roller Skates, foa sters, Skateboards, etc., Res tr is teJ. 10.68.020 Yielding the Right-of-way. 10.68.030 Attaching to Moving Object Prohibited. In fiR nan S4afe hna .d inn Pmhihitod nn P~iva,o Property in Commercial Zones. 10.63,050 Skateboards, Bicycles, Mopeds, and other Coaster Devices are Prohibited Upon Posted Public Property. 10.58.060 Penalty for lnfrac tions. "10.68.010 Use of Roller Skates, Coasters, Ska to boa rd s, etc., Restricted. It shall be unlawful for any person upon roller skates or riding ire nr by means of any coaster, toy vehicle, skai2Rba rd or similar device to go upon any roadway, in accordance with any and all other provisions of law. (Ord. No. 223, Sec. 105; Ord. No. 612, Sec. 1.) "10.68.020 Yielding the Right-of-way. The driver of a .n.. 4n .. ....4.1n1.. ....:.... a.. A. .:..:.... ......~ .... ....~.. ..-.. ..: J....~ll. ,~i~~...~ n4 c ~iuc„a~ public cross walk,V shall uyield the right-o f--way to any person riding in, on, or by means of any skateboard, toy vehicle, roller skates, coaster or similar device. Whenever any person is riding in, on or by means of a skateboard, roller skates, tcy vehicle, coaster or similar device on a public sidewalk or public crosswalk, such person shall yield the right-of-way to any pedestrian. (Ord. No. 6'.2, Sec. 2.) 1 .' v I Ordinance No. 414 Page 2 "10.68.030 Fttaching to Moving Object Prohibited. It shall be unlawful for any person riding a skateboard, toy vehicle or similar toaster device to attach to any moving object, including but riot limited to persons, bicycles, animals nr motor vehicles. It shall he unlawful for any pe rso r. operating a moving vehicle to permit any person riding in, on or by means of a skateboard, toy vehicle, coa s*.er or similar device to attach to the motor vehicle while the motor vehicle is in motion. (Ord. No. 612, Sec. 3,) "10.68.040 Skateboa rd ing Prohibited on Private Property in Commercial Zones. It shall be unlawful for any person to ride a skateboard or similar coaster device upon private property located in any commercially zoned area in the city, so long as such property is posted so as to give reasonable notice of such prohibition. (Ord. No. 612, Sec. 4.) "10.68.050 Skateboards, Bicycles, Mopeds, and other Coaster Devices are Prohibited upon Posted Public Property. It shall be unlawful for any person to ride any skateboard, toy vehicle, bicycle, or any other coaster device, motorized bicyr.le, moped or scooter upon any public property within the City of Rancho Cucamonga where notice of such prohibition has peen ppsted. (Ord. Np. 805, Sec. 1.) "10.68,060 Penalty for Infractions. Any act or nmic<inn derinred unlawful by the nrnvicinnt of th i< fh anter it an infraction punishable by~ a fine in an amount specified in Section 1.12.030 of this Municipal code." SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Oa ily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 11th day of January, 1990. AYES: Al exa rd er, 8uq uet, Stout, Wright Wore. u.,..e AOS ENT; Brown Dennis L, Stout, Mayor C) O U CITY OF RANCHO CUCAbIONCA STAFF REPORT January 11, 1990 T0: Mayor, City Council, City Manager FROM: Jerry Grant, Building Official SUBJECT: ADOPTION OF MODEL CODES c~cnMOti C9 ~ / c ~9 ^~ i p III I,,p t-' Q I'.Z Ci IIJ In" I. RECOMM ENOATION: It is recommended that the City Council give second reading to Ordinance 412, adopting the latest editions of the model codes and adopt the accompanying Resolution making express findings of need for local modifications. It is further recommended that the City Clerk 6e directed to file a copy of Ordinance No. 412 and the accompanying Resolution with Lhe State Department of Housing and Community Development in accordance with the Health and Safety Code. II. BACXGROUND: At the City Council meeting of January 3, 1990 public hearing was held and first reading given for Ordinance 412 adopting the 1988 Editions of a number of model codes, Asa part of that process, and in keeping with Section 1/958,/ of the Ste to Hea ltn and Safety Boa e; modifications or changes to the codes adopted by the State building Sta ndards Commi ssinn may only became effective if the City Council makes express fl ndings of reasonable need due to iocal climatic, geologic or topographic conditions. The accompanying Resolution will fulfill that rc qui rement and must hr, filed with the State Department of Housing and Community Development to complete the process. III. SUMMARY: Holding second reading of Ordinance No. 412, adoption of the ac rom panyinq Rexlution and forwarding of copies of the two documents to the State will complete the process for adoption of building regulations included in the referenced codes. Respectfully Submitted, ~ n .. ~/l/~L a~-F' ~P,rYy~Grdnt Building Official JG:11 ORDINANCE N0. AN ORD INAtJ CE OF THE CIiY COUNCIL OF THE CITY OF RANCHO CU CAMON GA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.08, 15.12, 15.16, 15.20, 15.28, 15.32, 15.36, 15.40, AND '5.44 OF TITLE 16, BUILDINGS AND CONSTRUCTION, OF THE R:1N CHO CUCAMON GA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE "L'N IFGRM ADMINLSTRA TIVE CODE", 1988 EDITION; THE '.I FORM 3UIL CING CODE, 1988 EDITION INCL ODING ALL THc`RETG; THE "UN IFURM BUILDING CODE STANDARDS°, 1988 EDITION; THE "UNIFORM MECHANICAL LODE", 1988 EDITION, tNCI'JDING ALL APPENDICES THERETO; THE "UNIFG•RM PLUMBING CODE", 1988 EDITION INCLUDING ALL APP EitlGI CES; THE "'UNIFORM CODE FGR THE ABATEMENT DF JAN GE ROUS 3UIL DINGS", 1988 EDITION; TH'c "UNIFORM HOUSING CODE", 1986 EDITION; THE "UNIFORM BUILDING SECURITY CODE", 1988 EDITION; AND THE "UNIFORM SIGN CODE", 1988 EDITION; WITH CERTAIN AMENDMENTS, AOOITIONB, DELETIONS AND EXCEPTIONS TO SAID CODES, IN CLUOING PENALTIES A. Recitals (i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 of the California Government Code authorizes the adoption, by reference of the Uniform Administrative CnHe, 1988 Editi ^_n; *. he Uniform Building Code, 1988 Edition; the Uniform Building Code Standards, 1988 Edition; the Uniform Mechanical Code, 1988 Edition; the Uniform Plumbing Code, 1988 Edition; the Uniform Code for Abatement of Dangerous Buildina5. 1988 Editinn: the u,,;se.m n uusi ny ~oee, tyua tdrtr an; the Uniforta Building Security Code, 1988 Edition; and the Uniform Sign Code, 1988 Edition, each as W bl fished by the International Conference of 8uil ding Officials and/or the International Association of Plumbing and Mechanical Official. (ii) At least one copy of each of said Cedes and Standards ce r'ti fied as full, true and correct copies thereof by the City Clerk of the City of Rancho Cucamonga have been filed in the office of the City Clerk of the City of Rancho Cucarno nga in accordance with the provisions of Government Code Section 50022.6. --- (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iw) Aii ieyai prerequisites to the adoption of this ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Leuncil of the City of Rancho Cucamonga does hereby find, determine and ordain as follows: SECTION 1: In all respects as set forth in the Recitals, Part A, of this Ordinance, 9~ Ordinance No. *** Page 2 SECTION 2: Title 15 of the Rancho Cucamonga Municipal Cade, entitled "Buildings and Construction", of the City Council of the City of Rancho Cucamonga are hereby amended, provided that said amendment shall not apply Lo or excuse any violation thereof occurring prior to the effective date of this Ordinance and provide further that the Uniform Codes as adopted herein by reference znd amended by Ordinance No. 311 of this City shall continue to be applicable to construction for which permits have been issued prior to the effective date of this ordinance. SECTION 3: Ciia pier ii.D4 or the Rancho Cucamonga Munin pai Code is hereby amended to read, in words and figures, as follows: Chapter 15,04 CODES ADOP?I OiV Sections: 15,04.010 Codes Adoption 15.04.010 Codes Adoption. The "Uniform Administrative Code", 1988 Edition; the "Uniform Building Code", 1986 Edition, including all appendices thereto; the "Uniform Building Codes Standards", 1988 Edition; the "Uniform Mechanical Code", 1988 Edition including all appendices thereto; the "Uniform Plumbing Code", 1988 Edition, including all appendices thereto; the "Uniform Code for the Abatement of Dangerous Buildings", 5988 Editi o.^.; the "Uniform Housing Code", 1988 Edition; the "Uniform Building Security Code, i 988 Edition; and the "Uniform Sign Code", 1988 Edition; are hereby adopted in their entirety as the Duil di ng and Construction Regulations of the City of nancno Cucamonga, together with the amendments, additions, del etion5 and exceptions set forth in Chapters 15.06 through 15.44 below. SECTION 4: Chapter 15.08 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: Chapter 15,08 ADM IN ISTR.AT[VE CODE Sections: 15.08.010 Section 202(c) Amended--Right of Entry 15,08,020 Section 204 Amer.de d--Appeals 15.08.030 Section 205 Del eted i5,"u"o .04 u" Section 3Di(a) Amended--Fermin Required 15.08.050 Section 301(b)1 Amended--Building Permits 15.08.060 Section 301 (bj4 Added--Grading Permits 15.08.O7G Section 303(a) Amended--Issuance 15.08.080 Section 303(d) Amended--Expf ration 15.08.090 Section 303(f) Added--Unfinished Buildings 9/ Ordinance .70. *** Page 3 15.08.100 Section 304 Amended--Fees 15.08.110 Section 305(h) Amended--Reins pec tions 15.08.120 Section 305(i) Added--Repeated Rei ns pec tions 15.06.130 Section 307(a) Amended--Energy Connections 15.08.010 Section 202; c) Amended--Right of Entry. Section 202(c) of said Uniform Administrative Code is hereby amended to read as follows: S ectiun 202 (c) Right of Entry. The 8uiiding Off ici ai, or his duty authorized representative, shall have the authority to enter any building or premises for the purpose of investigating the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the Building Official, or his authorized representative, shall not enter any accu pi ed building or premises without the consent of the owner or occupant thereof, unless he possesses a warrant authorizing entry and search of the premises. No person shall hinder nor prevent the Building Official, or his authorized representative, while rn the performance of the duties herein described as emergency situations or while in possession of a Warrant, from entering upon and into any and all premises under his jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of this code, the referenced technical codes and all other applicable laws nr ordinances pertaining to the protection of persons or property are observed therein. 15.08.020 Section 204 Amended--Aooeal s. Section 204 of said Uniform Rdmi nrstrati ve Code, i5 hereby amended t0 read as follows: Section 204(a) Appeals. A aecisi on of the Building Official regarding interpretation or implementation of any pro~.isi on of this Title, the Uniform Administrative Code, 1988 Edition, or the technical codes referenced therein shall be final and shall become effective forthwith upon the service of the decision of the Building Official, in writing, upon the permittee, applicant or other person affected by the decision, hereafter called permittee. For purposes Of this Sec tierti service Upon Lhe permittee Shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of service of the decision of the Bull dins Official. file an aooeal with the Lity Clerk. in writing. s aecifyi ng the reason or reasons for the appeal and requesting that the board of Appeals review the decision of the Building Official. Section 204(b) Board of Appeals. The City Council or such other five (5) persons, other than employees of the City, that the City Council may appoint, shall act as a Board of Appeals in making a final determination of any appeal filed in accordance with the 9~ Ordinance No. *** ?age 4 prc vi suns of Subsection (a) of this Section. The City Clerk shall schedule a hearing on the appeal at reasonable times and at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written aopeal. The pe rmittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The 3uilding Official shall transmit to the Board all records, papers, .o currents and other materials in support of his decision and shail provide a copy thereof to the pe rmittee appeaiing the decision of the Building Official. The pe rmittee appealing the decision of the 8u it ding Official shall cause, at his own expense, any tests or research required by the 6o and to substantiate his claim to be performed or otherwise carried out. The 6o and may continue such appeal hearing from time to time as deemed necessary by the Board. '(he Board may, 6y resolution, affirm, reverse, or modify in whole or in part, any appealed decision, determination or interpretation of the Building Official. A copy of Lhe resolution adopted by the Board shall be mail 2d to the pe rmittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the pe rmi ttee's last known address of record. .lo twithstandi ng the foregoing, substandard residential buildings with Sectior, 203 of the Uniform relation to a dangerous building with Sec Lion 205 of the Uniform Buildings. appeals filed in relation to shall be processed in accordance Housing Code and appeals filed in shall he processed in accordance Code for Abatement of pangerous 15.08.030 Section 205 Deleted--Violations and Penalties. Section 205 of said Uniform dministra Live Code s ereby de eted. 15.08.040 ~ Section 301 (a) Amended--Permits Required. Section 301 (a) of said Uniform Administrative Code is hereby Amended to read as follows: Section 301(a) Permits Required. Except as specified in Subsection (h) of this section, nu building, structure, site preparation or 6u ilding service-equipment r•egul at ed by this code or the technical modes adopted by this Title shall be commenced, erected, constructed, enlarged, altered, repaired, removed installed, converted or demolished unless a separate appropriate permit for each building, structure, site preparation or building service equipment has first been obtained from the bu it dins official. A separate grading permit shall be required for each site and may cover both excavations and fills. Grading permits may be issued based upon submittal of either a preliminary or a final grading plan. (See Sections 7005 and 700G of the Uniform Building Code Appendix, as amended, for grading plan information) 93 Ordinance Rio. *** Page S Where preliminary and final grading plans are submitted separately for plan checking and or permit, fees shall be calculated from the work to be accomplished under each submittal. Separate building permits shall be obtained for major drainage structures and retaining walls submitted for checking as a part of a g radin9 plan. ..09.050 Section 301 (b)1 Amended--Bull ding Permits. Section 30i (b) of solo uniform Hdmin+strati ve Code is hereby amended to read as follows: Section 301 (b)1 Building Permits. A building permit shall not be required for the following: A. One story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses, provided the projected roof area does not exceed 120 square feet. 6. Wood, chainl ink, plastic, metal or similar fences not over 6 feet in height above the lowest adjacent grade. G. Oil derricks. D. Movable cases, counters and partitions not over 5 feet, 9 inches h: gh. E. Retaining wails and masonry fences which are not over 3 feet •:n het aht above the lowest ad is ce nt ara Aa, nnlocc supporting a surcharge load or intended for impounding fl ammo ble liquids. F. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. G. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. H. Painting, papering and similar finish work. i. 'em po rary motion picture, television and theater stage sets and scenery. ~. window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches from the supporting wall. 9~ Ordinance No. *** Page 6 K. Prefabricated swimming pools accessory to a Group R, Division 3 Occu pa my in which the pool walls are entirely above the adjace rat grade and if the capacity does not exceed 5000 gallons. L. The changing or the advertising copy or message on a painted or printed sign. M. Painting, repainting or ci eani ng ofi an advertising s~r~ct~re pruvlded nu situ cturai cnan ges are made. N. Signs less than 6 feet above grade that are not electrically lighted. 0. Changing of theater marquees and similar signs specifically designed for the use of changeable- copy. Unless otherwise exempted by this code, separate plumbing, electrical and mechanical permits are required for equipment installed in conjunction with the above exempted items. 15.08.060 Section 301(b)5 Added--Grading Permits. Section 301 (b) is hereby amended by adding subsection 5 to Section 3 1,6 to read as follows: Section 301 (b)5 Grading Permits. A grading permit is not reGUi rec far the following: 1. Removal of surface deposits of improperly placed material or reruse. 2. An excavation below finished grade for basements and footings of a building, retai r,i ng wall or other structure authorized by a valid building permit. This shalt not exempt any fill made with the material from such excavation nor exempt any ezc ava tion having an unsupported height greater than 5 feet after the completion of such structure. 3. Cemetnc~y graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. ~ -ing, qudrryiny, excavating, processing, stoc xpil ing of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9s Ordinance tio. *** Page 7 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 feet in height and steeper than two horizontal to one vertical (2 :1) and which does not exceed 100 cubic yards. 9. A fill less than 1 foot in depth; placed on natural terrain . slope nut exceeding 5 ho rizo ntai to i vertical (5:1), provided that the grading is in an isolated, self-contained area and does not endanger private or public property. 10. A fill less than 3 feet in depth and not exceeding 100 cubic yards, placed on a single parcel, provided that the fill is not intended to support structures or does not obstruct a drainage course. 11. An excavation for pipeline or other underground utility lines installed under a separate permit, provided that any netes sary erosion control measures are made part of that permit. 12. Public Works projects not requiring a building permit including sewer and storm drain construction, utility trenches, power transmission lines and apM~rte.^. ant access roads and retaining walls or grading accomplished as part of street maintenance activities. ie. xec urn ng, regularly scheduled maintenance of existing facilities where no new construction is involved. 14. Emergency repairs to existing facilities resulting from natural or civil disaster including, but not limited to, rainstorm, flooding, eart hsl ode, heat storm, earthquake, riot, sabotage, and Lhe like. 15.08.070 Section 303(a) Amended--Issuance. Section 303(a) of the Uniform Administraii~ve Code is hereby amended to read as follcws: Section 303(a) Issuance. The application, plans and specifications, and other data, filed by an applicant for permit shall be reviewed by the Building Official and may be reviewed by other departments of this jurisdiction to verify compliance with anv aoolica hle taws under ju~isdiCtiun. if the nuii ding Officiai finds that the work described in the application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this code and the technical codes and other pertinent laws and ordinances, and that the fees sped fi ed in Section 304 have been paid, he shall issue a permit therefor to the applicant. 9~ Ordinance No. *** Page 8 EACEP TI ONS: Electrical permits shall only be issued to a person or persons qualifying under one or more of the following categories: A state licensed contractor or authorized representative of a state licensed contractor but onl}• to Lhe extent and for the work the person is licensed by the State of Lai ifornia to 60. A bn oaf ide owner of a single family dwelling for electrical work wi train that dwelling, incl udi n9 buildings and quarters accessory thereto. A representative of a charitable, non-profit organization for temporary work in connection with Chrisbnas tree lots, carnivals and similar non- permanent installations, provided that work covered by the permit is to be performed 6y members of the organization and furthermore that there are to be no persons employed at the location where such temporary wiring is installed. Such permit shall expire within a time specified by the Building Official, not exceeding six (6) months time, and shall not be renewed. d. A representative of another city, county, state, district or other political subdivision for electrical work Lo oe performed on the premises of said poi iti cal subdivision. When the Building Official issues a permit where plans are required, he shall endorse in writing or stamp the plans and specifications "APPROVED". Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. The Ou it ding Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted nr anprn yed; pi v'yided adequate inTO Pllldt100 doe deLdll ed statements have been filed complying with all pertinent requirements of the technical ca des. The holder of such permit shall proceed at his own risk without assurance that the permit for the entire building, structure or building service will he granted. 97 Ordinance No. *** Page 9 15.08.080 Section 303(d) Amended--Expiration. Section 303(4) of said Uniform Administra tt ve Code is hereby amended to read as follows: Section 303(4) Expiration. Every permit issued by the 6uil dt ng Official under the provisions of the technical codes shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such >ermit is suspended or abandoned at any time after the work is -..mmenced for a period - 1oO day;. Before such work can be recommenced, a nex permit Vs hall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Any pe rmittee holding an unexpired permit may apply for an extension of the time, within which to commence work under that permit, when he is unable to commence work within the time required by this section far goad and satisfactory reasons. The Building Official may extend the time for action by the permittee, for a period not exceeding 180 days, upon written request by the pe rmittee showing that circumstances beyond the control of the pe rmittee have prevented action from being Laken. No permit shall be extended more than once. In order to renew ac ii on on an extended permit after expiration, the pe rmittee shall pay anew full permit fee. 15.08.090 Section 303(f) Added--Unfinished Bu it dines. Section 'OS of miu iiniiurni mm~i niscraa ve was is nereny amended by adding subset tion (f) to read as follows: Section 303(f) Unfinished Buildings and Structures. 'A he never the 6uil ding Official determines by inspection that work in or on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or more, the owner of the property upon which such 6u it ding or structure is located or other person or agent in control of said property, upon receipt of np Cite in writing from the Building Official Lo do so, shall, within 90 days fran the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within 180 days from date of the written notice. ,v no ,nn `^' `^- 304 iviie,ide d--Feel. Section 304 of said Uniform Administrative Code~is hereby amended to read as follows: Section 304(a) Pe rniit Fees. The fee for each permit shall 6e as established by Resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be 98 Ordinance Go. *** Page 10 made by the Building Official. The value to be used in cool pu ti ng the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire ex tin~uishing systems and any other permanent equi Anent. Whenever any work, for which a permit is required by this Code, has been commented without first obtaining said permit, and when such work +~ d«sco ve red -s a res uit of an investigation by the 3u it ding Official or his duly authorized representative, the permit fees specified by the City Council shall be doubled. The pa ynnent of such double fee shall not exempt any person frgn compliance with all other provisions of this Code nor from any penalty prescribed by law. Section 304;6) Plan Review Fees. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Payment of a plan review fee shall be considered as permit application only for the work described on Lhe application fo nn and for which the plan review fee is paid. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged, Fees for plan review shall be as set fcrth by City Counc ii Resolution. Section 304(c) Expiration of Plan Review. Ro of ica ti nnc for wh: cti ^ v. ,-~~,Y ~ f»ueu wicmn Lao Bays following the date of application shalt expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official in accordance with law. The 6u it di ng Official may extend the tf me for ac ti un 6y the applicant, for a period not exceeding 160 days, upon written request, showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than onC3. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304(d) Exemption From Fees, Neither the State nor any other county, city, district, or other ool iti cal subdivisi cn, r,o; a.,y ^~!hii ^•«.cer ody acting in his otficial capacity on behalf of the State or of Vthis or any county, city, district, or other political subdivision shall pay or deposit any fee required by this code. This Section does not apply to the State Compensation Ins uran re Fund or Pu 61fc Housing Authority or where a public officer is acting with reference to private assets which have come under his urisdiction by virtue of his office. 9~ Ordinance No. *** Page 11 Section 304;e) Refunds. In the event that any person shall have obtained a permit and no portion of the work or construction covered by such permit shall have been comne need and provided such permit has not expired as provided for in Subsection (d) of Section 303, the pe rmittee, upon presentation to the 6u it di ng Official of a written request, shall be entitled to a refund in an amount equal to eighty percent (80%) of the permit fee actually paid for such permit; however, the portion of the fee retained by the City shall never be ass than twenty dollars (b?0.00) or the total amount paid, whichever Ir. the event a permit is issued in error by the Building Official, all fees shall be returned to applicant upon written request. No portion of a plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty percent (80%) of the plan checking fee shall be refunded; however, the portion of the fee retained shall never 6e less than twenty dollars, ($20.00), or the total amount paid, whichever is less. No refund shall 6e granted on an expired permit or plan review. The Building Official shall satisfy himself as to the right of such a ypl icant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. 15.08.110 Sec tior, 305(h) Amended--R ei ns pe cti ons. Section 305(h) of said Uniform dmini strat ivy is hereby amended to read as follows: Section 305(h) Rei ns pe ctions, A rei ns pecti on fee, as set forth in City Council Resolution, may be assessed for each inspection made necessary due to work noC being ready at Che requested time of inspection, or for work not corrected after the issuance of a prior written correction notice or for a rei ns pection made neces szry because of faulty or deficient workmanship or materials of cu ns tructi on regulated by this co ~e or the technical codes adopted hereby. In instances where rei ns pec do ns fees have been assessed, no additional inspection of the work shall be performed until the required fees have keen paid. 15.08.120 Section 305(i) Added--Repeated Reins cecti ons. Section 305 of said Uniform dmini stra ti ve Code is hereby amen ed by adding subsection (i) to read as follows: Section 305(i) Repeated Rei ns pe cti ons. In the event that, as related to any one or two family dwelling or any multiple family building for which a 6u it di ng permit has been issued, and a second reinspection has been performed in accordance with subsection (h) above, and further rei ns pection is determined by the 6uil di ng Official to be necessary to achieve the performance of accepted ~~C Ordi name ao. *** Page 12 construction practices related thereto; or in the event that second rei ns pe ctions have been required three or more times within any project, the Building Official shall require posting of a cash deposit to be drawn upon to cover costs of providing inspection and/or rei ns pec ti on of the dwelling unit(s), or proj ett, on a full time basis. 'art her, all inspections for Lhe dwelling unit(s), or project shall a suspended until such time as the deposit is received and judged by .y ~ ~ .~ ~_ ~aff~e~ent to wmpiete inspection of the work remaining. The estimated coi is of providing this increased level of ins pe cti or. shall be determined by the Building Official in accordance with a Resolution of the City Council establishing hourly charges. Additionally, the deposit shall 6e based upon a reasonable determination of Lhe time necessary to complete the entire building or project which the dwelling unit or units or multiple-family building is a part. The expenses incurred by the Lity in providing additional inspections shall be deducted from the deposit posted and any remaining balance shall be returned to the depositor upon completion of the dwelling unit(s) or project. Opon Betermina Lion by the Building Official that the original deposit is insufficient for any remaining inspection costs an additional cash deposit shall be provided for tdmpl etion of all anticipated inspections. Eor the purpose of this subsection a "project" is two or more ~ o is=nU ai W iiuings acing constructed under separate building permits within or upon an individual tract map, parcel map or parcel. 15.08.130 Section 307(a) Amended--Enero Connections. Section 307;a) df said Uniform Administrative Code is hereby amended to read as follows: Section 307;a) Energy Connections. No person shall make connections from a source of energy, fuel or power to any building service equipment whi clw~i•s regulated by the technical codes and for which a permit is required by this code, unless such required permits are obtained and applicable final building, electrical, plumbing and/or mechanical inspections have been made and all conditions of development approval have been completed or guaranteed, except as provided for in Subsection 307(6), SECTION 5: Chapter 15.12 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: lol Ordinance "lo. *** Page 13 Chd Ater 15.12 BUIL D[NG CODE Sections 15..2.010 Chapters 1,2,3 Dal eted 15.12.020 Section 420 Added definition--Swimming Pcol 15,12.030 Section 1101 Amended--Group "M" Occupancies Seetiun 1103 iunen Ued--Fire-R eaisti ve rr"ro teciion 15.12.050 Section 1107 Added--Swimming Pool Fencing 15.12.060 Table 23 -0 Amended--Allowable Deflection 15.12.070 Table 25 -U-R-10 Deleted 15.12.080 Section 2907(6) Amended--Bearing Walls 15.12.090 Figure 2 9-1 Amended-•BUil ding Setbacks from Slopes 15.12.100 Section 3204(d) Amended--Nonrated Roof Covering 15.12.110 Section 3204(e) Deleted 15.12.120 Section 3208(6)3 Amended--Asphalt Shingles 15.12.130 Section 3208(6)5 Amended--Clay or Concrete Tile 15.12.140 Table 32 -A Amended--Minimum Roof Classes 15,12.150 Table No . 32-B-1 Amended--Shingle Application 15.12.160 Table No 's. 32-D-1 and 32-D-2 Amended--Roofing Tile Applic ation for All Tiles 15.12.110 Appendix Chapter 12 Deleted 15.12.180 Appendix Section 3210 Amended--Reroofing 15,12.140 Appendix Section 7003 Deleted--Permits Required 15.12.200 Appendix Section 7004 Amended--Hazardous Grading 15.12.210 Appendix Section 1005 Added Definitions--final, Prelim inary Grading Plans la. lL. LLU Hp penalX ~eCL70n /uup lVnende d--Plans and Specif ications 15.12.230 Appendix Section 7007 and Tables 70-A, 10-B Deleted 15.12.240 Appendix Section 7008 Amended--8o nds 15.12.250 Appendix Section 7010 Amended--Fills 15.12.260 Appendix Section 7013 Amended--Erosion Controls 15.12.010 Chapters 1, 2, and 3 Deleted. Chapters 1, 2, and 3 of said Uniform Building Code are hereby deleted in Cheir entirety. 15,12.020 , Section 420 Added Definition--Swi mmina Pool. Section 420 of sai~orm Building Code is hereby amended by addition of the fallowing definition: Section 420 Swi mminq Pool. Swi mminq Pool is anv bodv of water er2dt ed by ai ii fiG~iai niemn deaiyn ed or used for swi mni ng, inmersion cr th era ped tic purposes. 15.12.030 Section 1101 Amended--Grow M Occu anti es. Section 1101 of said Un fform Bui ding Code is hereby amended to read as fol ows: ~~~ Ordinance :`lo. *** Page 14 Section 1101 Group M Occupancies shall 6e: Givi si on 1. Private Garages, carports, sheds and similar structures accessory to residential structures, and agricultural buildings. O ivi si on 2. Masonry 1J alls over 3 feet high, fences over 6 feet high, tanks, towers and swimming pools. ,ter oc-upa ncy Sepal at ions, lee Te bie 5-"u, 15.12.040 Section 1103 funen de d--Fire P.esisti ve Protection. Section 1103 of said Uniform Building Ccde is hereby amended to read as follows: Section 1103 Fire Resistive Protection. For fire-resistive protection of exterior walls and openings a5 determined by location on property, s_e Section 504, Part IV, and Appendix Chapter il. 15.12.050 Section 1107 Added--S wi mmin Pool Fencin Secti an 1101 of said Uniform Bui ding Code is hereby a ded to read as fo ows~ Section 1107 Swimming Pool Fencing. Every person in possession of land under a contract, or as owner, lessee, tenant, licensee, or otherwise, upon which is situated a swi mni ng pool, having a water depth exceeding 16 inches, shall, at all times, maintain a fence or other structure completely surrounding such pool and extending not less than five feet (5'-0"), measured vertically, above any walking surface, wall or other climbable structure, within two feet (2'-0")of cne excen or or the encr os ure. upem ngs 7n such fence or structure, other than those created by gates or doors, shall be of such size so that a sphere exceeding 4" (4 inches) in diameter will not pass between adjacent members. Members of such pool enclosure shall not he arranged so as to materially facilitate climbing or scaling by small children. Gates or door openings Lhr ou Oh such enclosure shall be n. quipped with self-closing and self-latching devices desf gn ed to keep, and capable of keeping, sreh door ar gate securely closed at all Limes when not in actual use; however, the door of any dwelling occupied by human beings which forms any part of the enclosure herein required need not be so equipped. Required latching devices shall be located not less than four feet, six inches (4'-6") above the ground. The pool enclosure shal'I 6e in place and approved b_v the Buil dins Offir.i al ~~i 0rv natal .a piaCed in tine pool. EXCEPTIONS: The provisions of this section shall not apply to public swi mni ng pools regulated by State Building Standards approved by the State Building Standards Commission. /03 7rdi nance Yo. **• ?age 15 2, Any ferciny serving as an enclosure for a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting the requirements for fencing in effect at the time of co rs truction of the swimming pool, may 6e continued, however, any replacement of fencing in whole or in part, shall comply with the requirements set forth above. '.5,12.060 Table 23-D Amended--Allowable Oefl ec ti on. Table Z3-0 ^f sa-;^- -'~^+fo r;^. Building Ccde '~., ha reby aa~e ride., ~o read, Li wu rdi mid figures, as fellows: TABLE Y3D MAXIMUM ALLOWABLE DEFLECTION FOR STRUCTURAL MEMBERS MEMBER LOADED MEMBER LOADED WRN UVE LOAD ONLY UVE LOAD PLU9 DEAD LOAD TYPE OF MEMBER (LL) LL,K D.L) F4v Membn, naol Memewe ~Paa,u'ni PWbr, Rad IMmoxe `~Waaronp DeeE La We EvuMVq ~ V2M •A Peigm d Lrve LWwe 'Sdfinent ebgd nm0er dW b. pmraee b net mob in acmnaeme wiT SN9m YlOS In LL.. Lue Lava D L . ped LaeE N . Fecmr aewnnriM M ia1Me No, YJE L .LergPd memM in ssme wvau WMCmn 15.12.010 Table 25-U-R-10 Cel eted. Table 25-U-R-10 of said Uniform Building Code is hereby deleted. 15.12.080 Section 2907(6) Amended--BearinD Walls. Section 29C7(b) of said Uniform Bui ding Code is hereby amended to read as follows: Section 2907(6) Bearing Walls. Bearing walls shall be supported on masonry or canece to foundations or piles or other approved foundation system which shall be of sufficient size to support all loads and resist wind forces. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall he as set forth in Table No. 29-A. E XC EI'TI C"1S: A One story wood or metal frame building not used for human occupancy and not over 400 square feet in floor areas may he constructed without masonry ar concrete foundations if walls are supported by and anchored to a Portland cement concrete slab not less than 3 1/2" fn thickness. ~~ Ordinance "Jo. *** Page 16 2. The support of buildings by posts embedded in earth shad be designed as specified in Sec tian 2907(8). ',food posts or poles embedded in earth shall be pressure treated with an approved preservative. Stezi pas t5 or pal e5 shall be protected as specified in Section 2908(1). :5.12.090 Fi ure 29-1 Amended--8uil din Setbacks from Slo es. Figure 29-1 is hereby amended as shown in the fo lowing figure: FIGURE 29-1 15.12,100 Section 3204(d) Amended--Nonrated Roof Covering. Section 320-4~dTOf said Uniform 8u it ding Code is hereby amended to read as follows: Sec tian 3204;d) Nonrated Roof Covering. A nonrated roof covering shall be any mineral aggregate surface built-up roof for application to roofs having a slope of not more than 3 inches in 12 inches applied as specified in Section 3208(6)4, consisting of not less than the following "- 1. Roofing Plies: Three layers of felt; and 2, Surfacing Material: 300 pounds per roofing square of gravel or other approved surfacing material, or 250 pounds per roofing square of crushed slag, ~~ Ordinance Jo. '*^ ?age 17 '.5.12.110 Section 3204;e) gel et ed--Special Purpose Roofs. Section 3204,e of said Um form Building Code is hereby deleted. :5.12.120 Section 3208;6)3 Amended--Asoh alt Shinol es. Section 3203;c`3 of said Cnifo rm Bu tl ding Ccde i5 hereby amended to read as follows: Section 3208; b)3 Asphalt Shingles. Asphalt shingles shall comply with 'JBC Standard No. 32-3 and shall have been tested and listed as ,ui table for installation, as wind-resistant roof covering, at wind ieloci ty of not less than 9O moh. As oh alt ahinnl Pa cn,,tt ne installed according to manufacturer's recommendations-and Table No. 32-8-1. 15.12.130 Section 3208;b)5 Amended--Cl av or Concrete Tile. Section 3208,6 5 of said 'Jm form Building code is hereby amended to read as follows: Section 3208(5)5 Clay or Concrete Tile. Tile of clay or concrete shall comply with UBC Standard No. 32-12 and shall be installed in accordance with manufacturer's instructions and Table "lo.'s 32-0-1 and 32-0-2. 15.12.140 Table No. 32-A Amended--Minimum Roof Classes. Table No. 32-A of said 'Jnifo rm Building Code ii hereby amended to read, in words and figures, as follows: TABLE NO. $2-A -- MII4A[fJ![ ROOF CLA83E9 - __ :r - ~ o ID rv v occorwncr ~.>t ra ~.an n i.pA ^ e.r. ~-~ n Al 8 • .. .. .. .. .. .. .. wA a_ ~ e ~ s_ e ^ ^ s e _ ^a.a a a ^ ^ ^ e e e e s • 'll • e s ^ ^ e ^ 8 1 A A A A ^ ^ • • ^ .._T -T --; - ~ i r a a i e I s ~ r ~ c• ~ c• ~ p ~ c• rt~ ^ ~ e a i • • • ^ • .• ^• • ^ s • • ^ • • a n.reiuuop •n u....,nu nr.. ~e,rw•aw uwia O"Y ". A.. au•ARMna 0~~ Cur• Ro•/ra C Np. C'r t . MannW molmetn~ w'n an n,IN•Mt Ne M ~' I R. Ps utl ~~~ Rr . Nr.,,,~.. Ordinance No. '*" ?age 18 15.12.150 Table No. 32-B-I Amended--Shi Hale Apol icati on. Table 'lo. 32-B-1 of said Uniform Building Code is hereby amended to read, in words and figures, as follows: TABLE N0.9Y-&5-SNINOLE APPl1CATI0N A~,YLTYYpLp ,rot roarrxn wow a:u qpp/el __ ~ x:lxro [Eee Tl.[x [:u .:!x e.2 eYe! DEpf nEWPEMEM [VW +Mal+ 4W r IibM m n.e, a[.uw[ ~~ SMN.q [w atlea~ a e.aa. xxv al .a al> ml , ..[ .nr r ~ .. mn yr [4Y i !~~ ~W b inaMO ai ,m. pi[ bwr wOMraJ iyp f5 W ywi 3 UNBEN4VLENx w Iw N M~ ~x MMi PevYC riN[[ nnmeWY a'E 5 ntl~i wrYY- , Y nrvnr an.. NN+ Noa[ r[~b[aq .. .n.Pnwr IvW[bnl ~ nW[v M uMiymn[ mT[Inp a bwa al mryvM'wM Try, 5 IM ~ [Iw[Ib IYbn $IMnx ~ n Ix Mob [M w1 [ %MJS YMI e.N [ w M [ri. wll .M[[Ma YMI Ni b, Imetx T[[M[aY/. !w b Iw „PawbP ^Mr. YY aabaw .SMw Y b ~r Ma [ua MI OM Jon amr: [. n. by[n as e. a[ aaa[[a be[nr Wa rr w mrr nww w ma[ Y ta[ ..i.gnm.maan !i twP+[ ~.aaa nw ea.i. [+ ar w e. wabP [.. +. [e,i b .. Ix xwniedodihp. Pr [eMq Imw M iw i n.l ~ b [ W My In6 /i[ [awp p[ M nq~ Y r s~ r[i.[ n[a, r [.,..a N r a M brl[V oanP.ebcaM. TABLE NO. ]R~B•1-(CentlnurQ ATTACNYENT (aatl wanr[ Carwnrrwie N4 TNb[v'n 1}.yip yy4M lyl. P ~wi am[rl,aabM air. EMNa N[inVM Mnew aa~ri.iauac.suava ao. nlx. Para[ uw a wN Yugo b a.awi ~aP m. aawa w am a warn m. marl a Ir a.biq, raaa« r r xl+'glr w[ a w[rwp a ab[ ee *.weerr Pa ,v.[!oa[a ~~r.rrarpMwmx!i+wr w. aliaw[' eP.xw M~bao ~ xPa Gle+M a~pb .. W ntl r e~i n!.re w inww[r! br.da! M .fMm: r IP[aw iw npab SIW awnr [n! e! Hach lawn .[M c tl ww [Pxi F~poiw Pa irxlbairyrWM wnwi MnpYepia Wrgli P.aaaa IpwmP.ra..wia.ar nwrabana Piaerlawlwawrw. HbPwror 4MM1 Pa 111[IlulaiV[[rW W wAb[[ ai Pilxxra nlxgi ftA81YNB W fatlm YYw Iq ~ vaM aFw liannp Pa 9ebn LOe I[I } ~[a,Pd mr[[an aPn i novae iWrra, anew an a ieaaa a m[MraPr[niuvavu l 07 7r., 9dn] .k. ~a;=_ :3 15.12.:50 Table '.0 32-C-: and 32-0-? Anended--doofing ;ile ,lppl icati on. Table tJo. 32-J-1 and 32-D-? of said 'Jni `or:n Suil di ng Code are hereby amendzd to read, in words and figures, as follows: TABLE NO. 34-0-1 -- ROOFING TILE APPLICATION' FOR.4,L 7iLE9 Nool Llnpe zl/z:uro WLlgAn ]:I] riz Aaoow vecN gvmu¢Im ~', seua asemmn pe ssno,. ulsNme zsly mlo I 'vmsAUflRne- - I - In [hmate are. ' Sme[.lor pme [limns arts. TmM tY tenmCN„m:hrew b[~ I r.,E~e-te.i ~ P rTA mef m a m< aA m[nu m.M< tAe [rtmor lme o! u[ (..[r ymmuy ~ INlit'vP moML mnnLm2 M1uIWm4 trte lryv.al:mEel.„entkWl be .{.ylW aWtNle !rM1Vm a W C app xM tgyr.. r ~ Nm Ale mir u I PF m0 whd1Y [mimxd tyeUC N m appmrol [mnwy m[tvlLL I u nM1 m f11ryrt Vo , lots a v S1C0 M 6 i° B"[>b^ an.mL rot ryulree. oVto [tvu V ~• CM'aYV A.m-0un !dt o[ lYpe ]4 felt Me IaPP11 trr[M W me .aFp>1 E uKfiu ~~~* Type a!!utmm I on'rou yWe $/I&4xA M1W. fr~gMa .lu- stun Corm: ant vl4 not kr Nm Ve I I p`Y .+U tM l N J/a A ' ' wPmetra ua l te.hu Vy / futmv[Juil be leN e^'u/ BC StutEard l4 i :aQUlremcu of l n[Y~ or :hmtyh Ue tF eFnr e! Ue [M1U Wry{ rArF.eev a lu. AtuNm m!a [ay m [ora'rte u4 RC s:ard~ Ya 31d NE ]RBI] W[Fall am nU V \' IA l ll l E M1 p qup, y . y : un. o wt e mo ,N uo o. rrtme. %] one rrtm=.tt ewprt or v Iz .rta tA. r.o rrle.p. pe w~ a tM a,e rrtmm Peek. Plat m[ I ~ y ~ le~~Fu±S ryumla yv quart fmf rithout weal '+y, tw l d h l l urtNaet t no yn y t w tops Fv We isle Hullap ] N[M mmlmum IwBpL pv SaeCwe ]]oN kl 1 C+M 5oe 14 ]. I 't'r[ we~imw~u~.+okm~r. 'Y~~Mabm,r/Wet wo ursismwma ps.e trmvr!zaennWtr:/Iwtak ::dam _ ~5 ":+.~seo ~m.i.ur.am ..aemt amm"~a~O"'~...e eermen.m.... w.oM1aae.+ .,..o~., ~ ur ~era..m~ ek . ~"a,'~men.vm..rras.o rrCaai'^ q.rm..t . m,r.~mm. _ - - - - u lui nrl+.lunon ~IniiMR.BCrmvc nu arts Fnuiecrvrc Anceo¢ wu ROOI lLOP6 A: t] MO OVL¢ otC[ 1L0N11i1mIlY Solid rm! NsUin/ 'NOYIw1YA seal [M1UtNn4'me pier n( type ]0 kit I[pped ] mrM1a Intmmullr s-A 91n[Itu re[tlnLy ap U[I rt[[ _ N~ ttltd ~ bam Ue ears up Ue itnf m [ ~Ine ]1 YI[bu mMh Ue u4Mr r•i1 iln[ M Ue W W NL tm .+nE Ctlren m m..( % ol Ue uM [hytmnl shell Ye appllel w'.mple 4[FM W Pltl [C;entsl mpUer e1N epppe] n re lWn[ a aMm m Pryrt r O v e~ tby rovr4 (tUV [Lnt[i[arw On<lap herfdury ltlt or lypr]]hlt Appel ]:nelto bpmWlYeM IN[brtrveeYY. ffA[XaQRP~ Currubn.naewt ruW be pun W. II dup. S/I6N[h Iced M' n!!aem~en Lumen n9h rttN Ne rtyulrtnenY 1 V@C YlndaN No, ISIi J .uWtr .Ie.JUN ]/a wh or tlv.'uN tee lent enwN m Ic[u.ta mm me p[tw M1T.Tmm .h UkYnee 01 Ue hoUNL eltkhmr v ke. MY[hA M bl [Iq x cnnmte Ne NaY nat W tulle HamnW Nau [rt r.IN C BC Jranc~ Na ]fJ utl ]R~1] l Ir p MY r . emp hen puL<u [ l rquVN on anltl J;uUN/ br Yop f If aN env, ~ NeNtnW ylta4 ee;qu W br abpe over f'li.a '+rlurme~ IYbe 51'I. lulmee not rtqulrtC 51]b'ua Uan l]I], qte lWmel aVVy otFer me I]Ip to ]e l], ne !a/met avert' u4 r All leelruly ab rW ~rt arc ![genera Seryd neaUlN "lte°u; te::ra en pr u4 iquirtd tl'M vtU m[Wke vel/In 4~ Uen 0 IounN pv µve fwt rrqulre er ' .. .. r~r m N~ tone tourer pa. m.' I I y u';.`,. .u,m l II Vne lrrmr/ev[r1 YY lF heCpp 1N[h manMUm IIN111NO ~- Pv semn ]9U! kl I C W 1]W l[I I i~T'"r am"gm~ wrrriei0 ei[Y JJgrw~rrre Treti r.wrreuugrr~llfrW ~a 'via W~iiY W M to w. ~r~elpM ~= YYenereArmetiwe.YrawYn.rrrr wl.a~w:J ~eau~F~~aa ~el mM wl~ealeat eY~' Inenru~r.~.w~'`u~al~ar ~N4YW fn wl ~y yN~aesv~ae-~•~VwYIi+I=^ya rr •Mnn+~i l~u ram eMrar• 4 ~ ~\ Ordinance .Jo. 412 Page 20 15.12.164 Subsection 3103(h) Added--S Dark Arrester. Section 3703 of said Uniform 3u it ding Code is hereby amended by adding a new subsection (h) to read as follows: Section 3703(h) Spark Arrester. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equiped with an approved spark arrester. The net free area of the spark arrester shall be not less Lhan four times the net free area of the outlet of ~e chimney. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter far ger than 1/2 inch and shalt not black the passage of spheres having a diameter of less than 3/8 inch. 15.12.170 ~pendix Chapter 12 Oel et ed. Appendix Chapter 12 of said l~nifo rm Building Code is hereby deleted. 15.12.180 AD De ndix Section 3210 Amended--Reroofing. Section 3210 of the Appendix of the Uniform Building Code is hereby amended to read as follows: Section 3210 Reroofing. New roof co verinas for existing buildings shall not be applied without first obtaining a permit therefor from the Bu i7 ding Official. An inspection may be required to determine the acceptability of an existing structure for reroofing. A final nc pe cr: en a.^.d zppre ~~l shall be obtained from the Building Cff is iai when reroofing is completed. 15.12.190 Appendix Section 7003 Oal et ed--Pe rmitc Rnnn;rurl Section 7003 of the Appendix of said Uniform Building Code is hereby deleted. 15.12,200 Appendix Section 7004 Amended--Hazardous Grading. Section 7004 of the Appendix of the Uniform Building Crde is hereby amended to read as follows: Section 7004 Hazardous Grading. Whenever the Bu it ding Official determines that any existing natural slope, or any excavation, embankment, fill or other condition created by a grading project has become a ha zard-ty life or limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the Building Official may give Lhe owner of the property upon which the condition is located, or other person or agent in control of said property, a written notice to abate the condition. fl non rnrnipt of u~r,h, wrj ttg„ nr: f. th^ 8"'1 d'"g off iti dl - owner or other person or agent in control of said property shall within the period specified in the notice repair or eliminate such natural slope, er~ava tion, embankment, fill or other condition so as to eliminate the na zard and be in conformance with the requirements of this Code. l~~ Ordinance Wc. 412 Page 21 15.12.210 Appendix Section 7005 Added--Definitions. Section 7005 of the Appendix of the Om farm Bull dt ng Code is hereby amended by adding the following definitions: Final Grading Plan is a plan showing all detailed drainage Inform ation, grade elevations, locations and floor elevations of any buildings. Preliminary Gradinn Plan is a plan showinq_ building nqd =watimu, typt cai drama ge methods to be utilized, and similar generalized information, usually excluding finish fl oor elevations, building locations, and specific drainage details. i5. 12.220 Ay pe ndix Section 7006 Amended--Plans and Specifications. Section 7006 of the Ap pendtx of said Uniform Butl dtng Code is hereby amended to read as follows: Section 7006(a) Plans and Specifications. When required by the Building Official, each application for a grading permit shall be acconipa nied by three sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official. Section 7006(6) A grading permit may be issued based upon a preliminary grading plan where insufficient precise detail of site improvement exists at the time of grading permit issuance. Where grading is accomplished based upon a Orel iminar_v gran;^,. ^r ,,, .,... ., u i,nii ~~ai ang approval of a final grading plan shall be ~requ fired prior Lo the issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail to assure that at the time of final grading plan submittal, all standards and specifications of this code and other City -y rading regulations will be met. Section 7006(c) Infg rmation on Plans and in Specifications. Plan shall be drawn..to scale upgn substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and name and address of the owners a^d the _ 've rsvn by whom thav ^=re Prepared. iiie pians snail include the following information: General vicinity of the proposed site. Property limits and accurate contours of existing ground and detafls of terrain and area drainage. /~~ Ordinance No. *** Page 22 3, Elevations and finish contours to be achieved by the grading. 4. Quantities of excavation and fills. 5. Detailed plans of all surface and suhsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the pro pcs ed work together with a map showing the drainage area and thr esU ma tad ra~~o ff ur` the area served by any drains. 6. Location of any buildings or structures on the property where the word is to he performed and the location of any buildings or structures on land of adjacent owners which are within IS feet of the project site or which may be affected by the proposed grading operations. 7. Size, type and condition of vegetation that is to remain. 8. Legal restrictions such as property lines, easements, setbacks, etc. 9. Utility structures, catch basins, manholes, tul verts, etc. 10. Drainage, sewer, water, gas, electric or other utility tines. I1. Any unusual site conditions. •~. gun ~uu rs, Dorn axrsti ng and proposed, shall be shown in accordance with the following schedule: .la to ral Slopes Maximum Interval 2% or less 2 feet Over 2% to and including 9% 5 feet Over 9% 10 feet 13. Sper ifications containing info rnretion covering construction and material requirements. Section i006(d) Soils Engineering Report. The soils engineering report required by subsection (c) shall include data regarding the nature, distribution and strength of ex; sr; ng soil; - lus ions and anA a~i~~~ ~ °'=m"-~-~•~~~~~ for yrad ing procedures and design^criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading, including the stability of slopes. Ordinance No. 412 Pa?e 23 Section 7006 (e) Engineering Geology Re part. The engineering geology report required by Subsection (a) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the building official shail be incorporated in the nr adi~g p; ans or pec ifica tion5. Section 7006(f) Issuance. The provisions of Section .303 are applicable to grading permits. The Building Official may also require submittai of the following additional information with the permit application. 1. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for protection of undisturbed trees and/or vegetation. 2. A schedule defining staging and timing of construction and estimated extent of disturbance at strategic points during construction. 3. Equipment, methods, and location of spo its disposal. A. A plan defining the schedule, equipment, materials, and personnel that will be used to maintain all protective devices and drainage facilities <ti....,. ;,;, i.iie approved ara d;~~ ~~:-. 5. Cesi gna ti on of routes upon which materials may be transported and means of access to the site. 6. The location and manner to be used for disposal of excavated materials and control of erosion from such materials. 1. Recommendations as to the mitigation of fugitive dust and dirt which may be offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, and protection of said neighborhood or any portion thereof. &. Limitations en the area, extent and duration of time of exposure of unprotected soil surfaces. 9, Phasing of operations to minimize water run off or other environmental concerns, ~1 ~ Ordinance No. 412 Page 24 10. Such additional applicable information as the Building Official may require to carry out th=_ purposes of this ordinance. Section 7006(8) Compl ion ce with Plans and Code. The permittee or his agent, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. Section '""`(h) iru ec b ons. in p perrormina regular grading, it shall be the responsibility of the permittee to notify the Building Official at least one working day in, advance so that required inspections may be made. Section 7005(1) Protection of Adjacent Property. Ouri ng grading operations, the permittee shall be responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. Section 7005(j) Temporary Erosion Control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. 15.12.230 Appendix Section 7007 ar.d Tables 70-A and 7n-B Oeiecea. secs on iuu/ and IaDl es /U-A and 70-B are hereby deleted. 15.12.240 Appendix Section 7008 Amended--Bonds. Section 7008 of the Appendix of the L'ntform Bu tl dtng Gode is hereby amended to read as follows: Section 1008(a) Bonds. Prior to the issuance of a grading permit involving 5000 cubic yards or more of cut and fill, the applicant shall first post with the Building Official, a band to assure that the work to .daa performed under the permit, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions. Such bond shall be executed by the owner as principal and a corporate surety authorized to do business in California. `- 1 ia~ of a surety bond, the appi scant may file a cash bond, or deposit and assign to the City savings and loan certificates or other instruments of credit. Where unusual conditions or special hazards exist, the Building Official may require a bond for grading involving less than 5000 cubic yards. I I~ Ordinance No, 412 Page 28 The bond required by this Section may include incidental off-site grading on property contiguous with the site to be developed provided written consent of the owner of such contiguous property is filed with the Building Official. The Cu Tiding Official may waive the requirements for grading netes sary to remove a geological hazard, where such work is covered by an agreement and 6o nd posted pursuant to provisions of other Ordinances. Section 7008(b) Amount of Bonds. The amount of the 6o nd shall be based upon the .,,,mbcr ..~ -~~-,, yards of material in both excavation and fill, plus the cost of ua 1~1 drainage or other protective devices, work necessary to eliminate geologi cal• hazards, erosion control planting and required retaining walls. That portion of the bond based on volume of material shall be computed as set forth in the following schedule: 100,OD0 cubic yards or less 80% of the cost of the grading work Over 300,000 cubic yards 80% of the cost of the first 100,000 cubit yards plus 25% of the estimated cost of that portion in excess of 100,000 aibic yards. Section 7008(c) Reduction in Bond. When rough grading has been completed in conformance with the requirements of this Code, the Building Official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the work, remaining to be performed. The me tc '-`"~~~--' ~~ ~~~ 1.;.f> Sec~iun snail oe as approved by the Building Official, Section 7008 (d) Condi tiens. Every bond shall include the conditions that the principal shall: 1. Comply with all of the provisions of City ordinances, applicable laws, and standards. 2, Comp],y with all of the terms and conditions of the grading permit. 3. Complete all of the work authorized by the permit within the Lime limit sp_cified in the permit or within any extension thereof granted. No such extnnc;nn oe *.f me shall -•-~-~ .~~= surety upmi the bond. Section 7008(e) Term of Bond. The term of each bond shall begin upon the filing thereof with the Building Official and the bond shall remain in effect until the work authorized by Lhe grading permit is completed and approved 6y the Building Official. I'~ C rdnan ce 110. ;:~ Page ?6 Section 1008;f) Defaw t Procedures. In the event the owner or his agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall he deemed a default has occurred. ?he 8uil Ging Official shall give notice thereof to the principal and surety on the grading permit band, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requi reme n[s of this :ode be performed. The surety executing the `end shall cu ntinue to be firmly bound under an obligation up to the null amount of the bond, fns the pay^cnt 0 - neceanary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case 0f a cash deposit or assignment, the unused portion of 5uc h' deposit or funds assigned shall be returned or reassigned to the person making said deposit pr assignment. Section 7008{g) Right of Entry. In the event of default in the performance of any term or condition of the permit, the Building Official or the surety, or any person employed or engaged in the he half of either, shall have the right to enter upon the premises to perform necessary corrective work or make inspections. An owner or any other person who interferes with or obstructs Che ingress Co or egress from any such premises, of any authorized repres ertati ve of the surety or of the City of Rancho Cucamonga engaged in the correction or com Dl etion of the work for which a grading permit has peen issued, after a default has occurred in the performance of the terms or conditions thereof, is guit ty of a misdemeanor. 15,12.250 Appendix Section 7010 Amended--Fills. Section 7010 pf the Appendix of the Uniform Building Code is hereby amended to read as follows: Section 7030(a) Fil is. Unless otherwise recommended in the approved soils engineering report and approved by Che Building Official, fills shall conform to the provisions of this Sectivn and to Figure A, Typical Lot Cross-Section for Fi115. EXCEPTION: 'The provisions of this section may be waived by the Building Official for minor fills not intended to support structures. awcmN. 91LIPEN IWNTNN SNEET O~WLtN' "" "' BtJlCNl3 P/pU1Nm I!! iW ~ _- INi W NOPWM i ' 4' ~ ~ ~ ~astr~e. „w~~~..~,~.a..Q,,. Ordi nantz No. *** Page 21 Section 7010(b) Fill Locations. Fill slopes shall not be constructed on natural slopes steeper than 2 horizontal to 1 vertical (2:1). Fill slopes shall be located so as to toe out not closer than twelve feet (12') horizontally from the top of a lower natural or cut slope nor cl us er Lhan twelve feet (12') from a 2:1 slope influence line projected from lower natural or cut slope where that slope equals or is less than 2 horizontal to 1 vertical (2:1). Section 1010(c) Preparation of Ground. The ground surface shall be ore ndrad ro rate; ,e Ge71 6y rcd~vJing veyetation, noncomplying fill, tap-soil and other unsuitable materials, scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height greater Lhan 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to ore shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shali be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut must be made before placing fill and approved 6y the soils engineer and/or engineering geologist as a suitable foundation for fill. Section 1010(d) Fill Material. Oet riment al amount of organic material shall not be permitted in fills. No rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills. EXCEPTION: The Building Official may permit placement of larger rock when the sails engineer properly devises a method of ply:=~~~_~~:. w,ulu~uusiy inspects its placement and approves the fill stability. The following conditions shall also apply: 1. Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 24" in maximum dimension shall 6e 10 feet or more below grade measured vertically. 3, Ror,JiS_ shall be placed so as to assure filling of all voids with fines. Section 7010(e) Compaction. All fills, including ba ekf ill in utility trenches, shall be compacted to a minimum of 90 percent of maximum density as determined by O.B.C, Standard No. 70-t, In plat= t1 PflCl t_V An An*n....: ....J 70-2, 70-3, • •70-4, 70-5, oru a Dui val enta nas a iih u.B,c. Standard No. Official. q DProved by the Building II~ Ordinance ilo. *** Page 28 ERCEP TIONS: Fills exempted elsewhere in this ordinance and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. Where lower density and expansive types of soil exist, permission for lesser compaction may he granted by the 0o ii ding nff;ci al upon •hohi .g o, good Cdusa under the conditions provided herein. Alternate methods of filling and compaction may he utilized on Utility trenc hey or other specific projects when recommended by the soils engineer and approved by the Building Official. Section 7010(f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. Section 7010(9) Drainage and Terracing. Oral nage and terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 7012. 15.12.260 Section 7013 Amended--Erosion Controls. Section 7013 of the Appendix of the Uniform 3uil di ng Code is hereby amended to read as follows: `_ectio;, ',,. 3(c) ~; I~~~ `wall vi a. Tin• reces yr cut one till slopes shall be ^pr epared and maintained to control against erosion. The protection for [he slopes shall be installed as soon as practical and prior to calling for final approval. Section 7013(b) Other Devices. Where necessary, rheck dams, cribbing, ri pr ap or other devices or methods shall be employed to co ntrnl erosion and provide safety. Section 7013(c),.. Planting. The surface of all cut and fill slopes more than five (6) feet in height shall be protected against damage from erosion by planting with approved grass or ground cover plants. Plants and planting methods used shall be suitable for the soil and climatic conditions of the site. 1'AI.'Yllrlry\• Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion, when approved by the Building Official. Ordinance No. *** Pa Se 29 2. Slopes may be protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering 9eol ogi st, or equivalent, and found to offer erosion protection equal to that provided by the planting specified in this Section. Section 7013(d) Irrigation. Slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slope, and plans therefore shall be submitted and approved prior to installation, A f~~nc ri er.al test of the systaa ~r~ay also be required, E%CEP TION: Requirements for installation of a permanent irrigation system may be modified upon specific recommendation of a landscape architect or equivalent authority that, because of the type of plants selected, the pl anii ng methods used and the soil and climatic conditions at the site, such irrigation system will not be necessary for the maintenance of the slope planting. Section 7013(e) Release of Bond. The planting and irrigation systems required 6y this Section shall be installed as soon as practical after rough grading. Prior Co final approval of grading and before the release of the grading bond, plantings shall be well established and growing on the slopes. S ECTI Cii 6: Chapter i5.i6 of the Rancho Cuc amunga Municipal Code is hereby amended to read, in words and figures, as follows: r~....~.._ +r ,c ME CMANI CAL CO OE Sections: 15.16.010 Chapters 1, 2, 3 Deleted. 15.16.010 Lha ters 1 2 and 3 Deleted. Chapters 1, 2, and 3 of said Uniform Mechanical Code, 198 Edition are hereby deleted. SELT ION 1: Chapter 15.20 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: Cha titer 15.20 PLUMBING CODE Sections; 15.20.010 Part I Deleted--Administration 15.20.020 Section 1004(a) Amended--Materials Q Ordinance No. *** Page 30 15.20.030 Appendix Section Ol(b) Oel et ed 15.20.040 Ap pendi r. Section 03.4 Deleted 15.20.010 Part I Deleted. Part I of said Uniform Plumbing Coda, 198 Edition, entitled "Administration" is hereby deleted in its entirety. 15.20.020 Section 1004(a) Amended--Materials. Section 1004 (a) of sai' Uniform Plumbing Code is hereby amended to read as follows: Section 1004(a) Materials. lJater pipe and fittings shall be of brass, copper, cast iron, galvanized mailea ble iron, galvanized wrought iron, galvanized steel, lead or other approved materials. Asbestos-cement, PE, or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. Ail materials used in the water supply system, except valves and similar devices, shall be of a like material, except when otherwise approved by the Administrative Authority, 15.20.030 AD pen dix Section O1(b) Uel et ed. Section D1(b) of Appendix D of said Uniform Plumbing Code is hereby deleted. 15.20.040 Ap De ndix Section D3.4 Deleted, Section D3,4 of Appendix D of said Uniform umbing Code is hereby deleted. S ECTI CN 8: Chapter 15.28 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: . 2U CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Sections: 15.28.O1G Section 103 Deleted 15.28.020 Section 201( c) Deleted 15.28.030 Section 203 Deleted 15.28.040 Section 205 Amended--Board of Appeals. 15.28,050 "'Section 206 Added--Summary Abatement. 15.28.060 Section 801 Amended--Demolition Procedure. 15.26.070 Section 802 Deleted. 15,26.080 Section 901 Amended--Expenses Incurred 6y City in Repair or Demolition. IS 7A nm SeCtiun S~J2 u-men dnA__:CUnCi' i Rui 'ny. 15.28.100 Section 903 Amended--Objections. 15.28.110 Section 904 Amended--Passage. 15.28,010 Section 103 Deleted Section '.03 of said Uniform Code for ba7~ement of Dangerous Bui dings is hereby deleted. ~~ a Ordinance No. *~* Page 31 15.28.020 Section 201 (c) Deleted. Subsection (c) of Section 201 of said Uniform Code for Abatement of Dangerous Buildings is hereby deleted. 15.28.030 Section 203 Deleted. Section 203 of the Uniform Code for the Abatement of Dangerous Buildings is hereby deleted, 15.26.040 Section 205 Amended--Board of Appeals. Section 205 of the L'~'form Code for Abatement of Bangerous 9uil dings is amended to read as fnllnwc; Section 205 Board of Appeals. "BO and of Appeals" as used herein shall mean the Board of Appeals rs set forth in Section 204 of the Uniform Administrative Cade as adopted in this Title. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. 15.28.050 Sections 206 Added--Summar Abatement. The Uniform Code for Abatement of Dangerous Bui dings is amended by adding Sections 206 and '107 to read as follows: Section 206(a) Summary abatement. In addition to the procedures provided for abatement of dangerous buildings as set forth in Chapter 4 of this Code, the Building Official is hereby given summary power to secure from entry any structure or premises which i.^, hts discretion he determines to be immediately dangerous, or immediately hazardous or in other manner injurious to public health or safety. Such structures may be secured by the Building Official by nailing of `-- - ~.c~ lire uuu rs and winoaws of such structure, however, he shall snot be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may be more appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DAN C<ROUS BL'IL DING, DO NOT ENTER"; or other appropriate sign upon the structure or premises in at least one conspicuous place. The Building Gfficial shall immediately upon such action send notice to the owners of the real property upon which the structure or to ndition is located, as sYatwn on the last equalized assessment rolls. Such notice shall contain the following information: 1. That he has secured the structure or corrected the hazardous conditions. !An -• ~~~~ ~~..~ ~~~~~~rzd `vy tiie Dity thereby. 3. That he has posted signs as provided by this section. 4. The reasons why he has taken the action. /~~ Ordinance Ho. *** Page 32 That an appeal may be in ade within ten (10) days to the City Council, as provided in this Section. That if his action is not annulled by the City Council, the cost of securing the property shall became a lien upon the real property, unless the cost is paid to the City within thirty (30) days of the mailing of ±he notice. If any owner of property, or any person having any interest in property affected by the action of the Building Official in securing 3 SLrLC LL'r^. "' abdtiny a ha 28rd0 u5 CO ndl ti on as permitted by this section, is aggrieved by the action of the Building Official in securing the strut turf, such person or persons may appeal the action of the Building Official by filing a written notice of appeal with the City Llerk within ten (10) days after receipt of notice of the action by the Building Official. The notice of appeal must be verified under penalty of perjury and must state Lhe grounds upon which the action of the Building Official is appealed. The Lity Council shall, upon receiving such notice of appeal, hear any evidence or other relevant matters presented by the appellant or the Building Official at its next regular meeting after the filing of the notice of appeal, provided however, if the notice of appeal is filed less than ten days prior to the day of a regular meeting of the City Council, the hearing shall not be held at the first regular meeting, but at the following regular meeting. After hearing all evidence and other relevant matters _ -~ - -~ Lea, lny, or wrzno ut hearing if no appeal is made upon the report of the Building Official, the City Council may then co nfi nn, amend, or annul the action of tha Building Official. If the action of the Building Official is annulled, the City, at its own expense, shall remove any and all instruments used to secure said structure, and shall remove any and all signs stating that the building is unsafe Lo enter. [f,~weve r, the City Council confirms the action of the Bui ding Official in securing the structure at the hearing on appeal, or, if no appeal is to kan, at any other regular meeting, or adjourned meeting, Chen the cost incurred by the City in securing the strurt ure shall become a lien against the property, and a resolution of the C;r_.y Cou.^.c it to nfirtni n,g C.^.e °^ti o^ the Buiidi ng Official, including the imposition of a lien upon the property upon which the structure is located to pay for the cost of securing it, may 6e adopted upon receipt of a report from the Building Official. Such resolution may be filed with the San Bernardino County Tax Assessor, and the lien imposed ~.~ r Ordinance ilo. *** Page 33 thereby ~aay he coil ec ted for the City by him, along with the next annual tax levy and assessment on said property. Section 206(b) The same procedure, as provided in subsection (a) for abating through securing from entry any structure which is determined by the Building Official to be immediately dangerous or immediately hazardous may also be used by the Building Official in connection with the summary abatement of all other dangerous or hazardous conditions upon private property which the Building Official determines; at his discretion e; wns t tunny an immediately dangerous or hazardous co ndition.~ The Building Official may then summarily abate such nuisance, at his discretion, in the most appropriate manner under the circumstances, which may include, but shall not be limited to the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing fire hazards, filling or covering open holes and grading or strengthening land fills or excavations. Aithou gh the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. 15.28.060 Section 801 Amended--Demolition Procedure. Section 801 of the Uniform Code for Abatement of Dangerous Bu it dings is hereby amended to read as foi lows: Section 801 Procedure. when any work of repair or demolition is to -- --• rc:~,:,:ct :,, ;~,,G un 7ui(cj s or cros bode, the Building Official shall issue the order therefore and the work shall be accomplished by City personnel or by private co nt ratt under the direction of the Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. 15.28.070 Section 802 Deleted. The Oviform Code for Abatement of Dangerous Buildings rs hereby amended by deleting Section 802 in its entirety. 15.28.080 Section 901 Amended--Ex ens es Incurred b Cit in Re air, or De_ mo__litio~, Section 901 of the Uniform Coe fer the Abatement of ii .ier GiiS ou noinnc i~ n .n e.. a n.. w„d a -~ - - - --~ ~ ••~~~~~u ... ~~uu as f6iiuws: ~~ l Ordinance flo. *** Page 34 Section 901 Expenses Incurred by City in Repair or Demolition. The Building Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any bu it di r.g done purs ua ni to the provisions of Section 701 (c) 3 of this Cade. Upon the completion of the work of repair or demolition, the Duil ding Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the hail ding or structure is or was located, and the names and addresses of the persons entitled to n,.., ,,a pu rs u3 nt to Subsection (c) of Section 401. 15.26.090 Section 902 Amended--Council Rul ina. Section 902 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows: Section 902 Lounc it Ruling. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing such report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to tha owner of the property as his name and address appears on the last equalized assessment roll of the county, if such so appears, or is known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass ape.^. the 8v it di ng Official's report, together with any objections or protest which may be filed as hereinafter proVi ded by any person interested in or affected by the proposed charges. 15.28.100 Section 903 Amended--0 bj ec ti ons. Section 903 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows: Section 903 Objections. Any person interested in or affected by the proposed charges may file written protests or objections with the City Clerk at any time prior to the time set for Lhe hearing on the report of the Building Officf al. Each such protest or objection must contain a deseai pti on of the property in which the signer thereof is interested and the grounds of such protest or objection. The city clerk shall endorse on every such protest or objection the date it was received. The protests or objections shall be presented to the City Council at the time set for the hearing, and no other protests or objections shall he considered. 15.28,110 Section 904 Amended--Passa e. Section 904 of the Uniform Code for the Abatement of Oan ge rous Bui dings is hereby amended to read as follows: l~3 Ordinance ilo. *** Page 3S Section 904 Passage. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Building Official together with any such objections cr protests. The Council may make such revision, correction or modification in the rz po rt or the charge as it may deem just; and when the Council is satisfied with the correctness of Che charge, the report (as submitted or as revived, corrected or modified) together with the charges shall be co of irn ed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and __„clusiV.. SECTION 9: Chapter 15.32 of the Rancho Cucamonga i4 uni ci pai Code is amended to read, in words and figures, as fcllows: CHAP iER 15.32 HOUSING CODE Sections: 15.32.010 Section 104 Oel et ed 15,32.020 Section 201 Subsection (a) and (b) Deleted 15.32.030 Section 203 Amended--Housing Advisory and Appeals Board 15,32.040 Senior. 204 Jel eted 15.32.010 Section 104 Oel et ed. Section 104 of said Uniform Housing Code is hereby de eted. """ {c~i.iun Dui, au osectt on (a) and (b' Oel et ed. Su bsec tia ns ya nand (b) of Sec tton 201 of Bard Um form Houstng Code are hereby deleted. 15.32.030 Section 203 Amended--Housi na Advi sorv and Ao Deals Bn ar d. Section 203 of Bard Uniform Houstng Code is hereby amended to read as follows: Section 203 Housing Advisory and Appeals Board. "Housing Advisory and Appeals Bo.>)Ld" as used herein shall mean the Board of Appeals as set forth in Section 204 of the Uniform Administrative Code hereby adopted. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of this code. 15,32.040 Section 204 Deleted. Section 2nd of rt.a ii": a.,..... SECTION 10: Chapter 15.36 of the Rancho Cucamonga ilunici pal Code is hereby amended to read, in words and figures, as follows: I ~ ~~ Ordinance No. *** Page 36 Chapter 15.36 SIGN CODE S=c ti ons: 15.36.010 Section 103 Deleted 15.36.020 Section 303 Deleted 15,36.030 Section 304 Amended--Fees =5.36.040 Cha pte ro 6 tier vu 9h i2 and Chapter 14 uel et ed 15.36.C10 Section 103 Oel eted. Said Uniform Sign Code is amended by deleting Section 103 in its entirety, 15.36.020 Section 303 Deleted. Section 303 of said Uniform Sign Code is hereby deleted in its entirety. 15.36.030 Section 304 Amended--Fees. Section 304 of said Uniform Sign Cede is hereby Amended to read as follows; Section 304 Fees. Fees for sign permits and plan checking shall be calculated as set forth in Section 304 of the Uniform Administrative Code as herein adopted and amended in this Title. 15.36.040 Cha Dte rs 5 thr ou oh 12 and Cha oter 14 Deleted. Said Uniform Sign Code is hereby amended by deleting Chapters 5, 5, ?, B, 9, 10, li, 12, and 14 in their entireties. SECTION 11: Chapter 15.40 of the Rancho Cucamonga Munici Dal Code is nrreuy anienaea co reae, ;n words and ti gur es, as follows: CHAPTER 15.40 BUIL DI;lG SECURITY CODE Sections: 15,40.010 Section 4101 Amended--Purpose 15.40.020 .~Secti on 4102 Amended--Application 15.40.030 Section 4106 Amended--Doors and Hardware 15.40.040 Section 4107 Amended--Sliding Doors 15.40.050 Section 4108 Amended--Windows 15.40.060 Section 4109 Amended--Garage Vehicular Access Doors 15.40.070 Section 4110 thrpu gh 4115 Added--Mill r; pl e_rem;iy De veiapments 15.40.010 Section 4101 Amended--PUr ~OSe. Section 4101 of said U nifcrm Building Sec urlty Code is amended to read as follows: Ia-~'J Ordinance IJo. *** Page 31 Section 4101 Purpose. The purpose of this code is to establish minimum standards to make newly constructed dwelling units and a ddi ti ors to dwelling units, and private garages resistant to unlawful entry and to facilitate protection of property. 15.40.020 Section 4102 Amended--AOOl icaticn. Section 4:02 of said Uniform Building Ser,u rity Code is amended to read as follows: Section 4102 Application. The provisions of this cha oter shall o^ly to openirys into dw ei ling units of Group R, Division 1 Orcupa nci es, Group R, Division 3 Occupancies and into garages of Group .1-1 Occupancies, as defined in the Uniform Building Code, including openings between attached garages and dwelling units. EACEP TIONS 1. An opening in an exterior wall when all portions of such opening is more than 12 feet vertically or 6 feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, breezeway, patio, planter, porch or similar area. 2. An opening in an exterior wall when all portions of such opening is more than 12 feet vertically or 6 feet horizontally from the surface of any adjoining roof, balcony, landing, stair tread, platform or similar structure or when every portion of such surface is itself more than 12 feet above an accessible surface. :,. hny opera ng in a roof when all ports ons of such roof are more than 12 feet above an accessible surface. 4, Openings where the smaller dimension is 6 inches or less, provided that the closest edge of such openings is at least 36 inches from the locking device of the door or window assembly. 5. Openings protected by required £ire door assemblies ha viny a fir~end urance rating of not less than 45 minutes. 15,40,030 Section 4106 Amended--Doors and Hardware. Section 4106 of the Uniform Bu it ing Sec ur ty Code is amended to read as follows: Section 4106(a) Doors and Hardware, Swi ..^.ging pe des tri ar. doors and *..ne~r hardware ~eyui at ed by this chapter shall comply with UBC Standard No. 41-I, Part I or equivalent standard, Doors and hardware shall be installed as tested. E%CEPTION: Doors anA hardware fabricated and installed as set forth in Subsections (b) through (i) below. ~~ Ordinance ilo. *** Page 38 Section 4106(6) Door Co r~s truc tion. Such doors shall be of solid construction with a minimum thickness of one and three-quarters inches (1-3 /4") ezce pt for recessed panels which may be not less than nine-sixteenths inches (9/16") thickness. Section 4106(c) Locking Devices. Such doors shall he equipped with a doubt a or si ngl a cylinder dead bolt 1 oc k. The bolt shat l iia ve a minimum projection of one inch (i") and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least Three-fourths ,rc F, (Si~i"j into the strike receiving the projected bolt. The cylinder shall have a cy]inder guard, a minimum of five (6) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth inch (1 /4") in diameter. A dual locking mechanism constructed so that both deadbolt and latch tan be retracted by a single action of the inside door knob, or lever, may he substituted provided it meets all other specifications for lacking devices. Section 4106 (d) Inactive Leaves. Inactive leaves of double doors shall be equipped with metal flush bolts at top and bottom having a minimum cross-sectional dimension of one-half inch (1/2") and a minimum embedment of five-eighths inches (6/8") into the head and threshold of the frame. Section 4106 (e) Blocking. in wood framing, horizontal bl or. ki ng shall be placed between studs at door lock height for three (0) stud spaces each side of the door openings. Any spaces between jambs and t ri mne rs and adjoining studs shall be shimmed solid. .~ ;i GG(fj S wps, uoor stops or wooden jambs for in-swinging do orsVshall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to or eve nt violation of the strike. Section 4106(8) Glazing. Glazing in exterior doors and other glazed openings within thirty-six (36") inches of any locking mechanism shall he of fui ly tempered glass or burglary resistant glazing, except when double cylinder deadbolt locks are installed, Section 4106(h) Strike Plate Installation. In wood frame construction any open space between trimmers and wood door jambs shall be solid shined by a single piece extending not less than 6 inches above and Gel ow Che strike plate. Strike plates shali be attached to wood with not less than Lwo No_ R . ?" =_crews. Ali strike plates of doors in pairs shall be installed as tested. Section 410fi(i) Hinges. Hinges which are exposed to the exterior shall be equipped with non-remova 6le hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. ~~ Ordinance No. *** Page 39 15.40.040 Section 4107 Amended--Slidin doors. Section 4107 of the Unifo rmrm Bu~~ng Standard Cnde is amended to read as fo lows: Section 4107 Sliding doors. Sliding Ooor assemblies regulated by tnis chapter shad comply with UBC Standard 41-1, Part iI or equivalent standard. 15.40.050 Section 4108 Amended--Windows. Section 4108 of the Unifor Bu tiding Security Code is amended to read as follows: Section 4108 Windows. Window assemblies which are designed to be opens ble and which are regulated by this Chapter shall comply with UBC Standard 41-2 unless such windows are protected by approved metal bars, screens or grilles. See also Uniform Building Code Section 1264. 15.40,060 Section 4109 Amended--Garage Vehicular Access Doors. Section 4109 of the Uniform Building Security Code is amended to read as follows: Section 4109(a) Garage Vehicular Access Doors. Rolling overhead, solid overhead, swinging/sliding or accordion doors provided far vehicular access to private garages shall be constructed and installed as set forth in this section. Section 4169(b) Such de ors shall be provided with an ezteriw- covering of one of the following: 1. Exterior grade plywood not less Chan five-sixteenths inrnas (5%i0~~% In Cn1CKn e55. 2. Aluminum not less than four-hundredths of an inch (.04") in thickness. Steel not Less than three-hundredths of an inch (.03") in thickness. 4. Fiberglass having a density of not less than five ounces (5 oa..) per square foot. 5. Wood siding not less than nine-sixteenths of an inch (9/lfi") in thickness. Section 4109(c) Locking Devices. All lacking deV;rec utilizing a ~vi inner ~^^k ';tall h- . nre a ui rnimum five (5) pin tumbler operation with the ~l oc ki ng bar or bolt extending into the receiving guide a minimum of one inch (1"). Slide bolt type locking assemblies shall have a bolt diameter of not less than three-eighths inch (3/8"). Slide bolts shall penetrate the receiving guide not less than one and one-half inches (1-1/2") and shall be attached with three (3) bolts /~ Sj Ordinance No. *** Page 40 that are not removable from the outside. Rivets shall not be used to attach slide bolt assemblies. Doors exceeding sixteen feet (16') in width shall be provided with oopc si te, centrally located locking points, either at each side or at top and bottom of the door. E%CEPTI ONS; 1. Fnr dnnrc ~i~=t eel feet (ID" __ •___ :_ , ~~ ~ ... wiutii, a ai ngie locking point .may be used if centrally located at the floor or top of the door. 2. Doors provided with torsion spring counter-balance type hardware. Section 4109(d) Frames. Frames for garage vehicle access doors shall be constructed of one of the following: I. C,l uminum not less than twelve-hundredths of an inch (.12") in thickness. 2. Steel not less than six-hundredths of an inch (.06") in thickness. 3. Wood not less Chan one and one-half inches (1-1 /2") in thickness. 15.40.070 Section 4110 throw ah 4115 Added--Multiple Familv °" "" T`" '-' ~~~~y oe~uri ~y uoae is amenaea by adding Sections-4110 through V4116 to read as follows: Section 4110 Complex Diagram. There shall be positioned at each entrance of a multiple-family development, an illuminated diagrammatic representation of the comDl ex which shows the location of the viewer and the unit designations and locations within the complex. Section 4111 L~ti ng. Lighting in multiple-family dwellings shall be as follows: Aisles, passageways complex shall be it five one-hundredths h0 ur• ni' dar'vn ccc r2515 Ld nL COVe rS, and recesses related to and within the building luminated with an intensity of at least twenty- (.26) footcandl es at the ground level durina_ the nAf, An _4.11 _ - _ •n9 -•~~_~ a ~ ~ pr vteL ied by vandal- Open parking lots and carports shall be provided with a minimum of one (1) foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by vandal resistant overs. i •. G ~~- Or;i nonce Ao. *** Page 41 Section 4112 Keying. Upon occupancy, each dwelling unit in a subdivision or multiple-family development shall have locks using keys that are not interchangeable with any other dwelling unit in the subdivision or mul ti pi e-family development. Section 4113 Oefini lions. 1. "Burglary Resistant Glazing" means those materials as defined in Underwriters Laboratory Bulletin 912. 2, "Oou ble Cylinder Dead bol t" means a dead bolt lock which can be activated only by key on both the interior and the exterior sides. 3, "Uoor Stop" means the projection along the top and sides of a door jamb which checks the door's swinging action. 4. "Dwell ing" means a building or portion thereof designed exclusively for residential occupancy, including single- family dwellings. 5, "Plus hbol t" is a manual, key or turn operated metal bolt nc rural ly used on inactive door(s) and is attached to the top and bottom of the door and engages in the head and threshold of the frame. 6, "S in9ie Cyi finder Dead boi t" means a dead bolt lack which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or Simi; ar mechanism. SECTION i2: Chapter 15.44 of the Rancho Cucamonga Municipal Code is herby amended to read, in words and figures, as follows: CHAPTER 15,44 PENALTIES AND REMEDIES Sections: 15.44.010 Ad"de d--Penalty far Violations 15.44.020 Added--Civil Remedies Available 15.44.030 Added--S eve ra bility 15.44.010 Amended--Penal tv for Violations of Title. Section 1F A4 Mn of nc~ Rai,C i' • ~ w ~u~muu uun iiun vinai i.nnu omen •.. _.n follows: - • -___ ._ _... _,,....,. ~„ ,tea„ ns Sxtion 15.44.010 Penalty for Violation of Title. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Title or the Codes adopted hereby. Any person, firm, / ~~ Ordinance No. *** Pa ge 42 partnership, or corporation violating any provision of this Title or the Codes adopted hereby or `ailing to comply with any of its requirements shall 6e deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by impri so rune nt not exceeding six (6) months, or by both such fine and imprisonment. Each such person, fi nn, partnership, or corporation shah be deemed guilty of separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Title or the Codes adopted herr by is co.;i~;tred ^^^ti Hoed -r pa ra fitted Ly such person, firm, pa rtn er5 hip or corporation, and ~s hall be deemed punishable therefor as provided in this Title. 15.44.020 Amended--Civil Remedies Available. Section 15.44.020 of the Rancho Cucamonga Municipal Code is amended to read as follows: Section 15.44.020 Civil Remedies Ava it abl e. The violation of any of the provisions of this Title or the Codes adopted hereby shalt constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of Such nuisances. 15.44.030 Amended--Severabil it Section 15.44.030 of the Rancho Cucamonga Muni ci pa Code is amended to read as follows: Section 15.44.03 Seve ra bil ity. The City Council hereby declares that should any provision, section, paragraph, sentence or word of this Title or the Codes hereby adopted be rendered or declared ,i :, ,... ~~-~ ~- -~~, ~~~~~ ~~~ n~~i un m a courc of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Title and the Codes hereby adopted shall remain in full force and effect. SECTION 13; The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (I5) days after its passage at least once in The Oail Re rt, a newspaper of general cl rc ul ati on published in the City ~ ntario, Ca ifor nia, and circulated in the City of Rancho Cucamonga, California. /3i RESOLUTION N0. 90 ©~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, MAKING EXPRESS FiN DI NGS OF NE EC FOR LOCAL MODIFICATIONS TO THE SPATE BUILDING STANDARDS CODE A. .ecital s, (i) Health and Safety Code Sections 17959.5 and 1795ft.7 allow a city to make such modifications to the requirements of the regulations adopted pursuant to Health and Safety Code Set ti on 17922 as it determines to be reasonably necessary because of local to nd iti ons; (ii) The City of Rancho Cucamonga is primarily located in an alluvial fan formed from erosion of the San Gabriel mountains, said alluvial fan consisting largely of rocky, granular, and highly erodes ble soil formations; (iiil The City of Rancho Cucamonga is located in a piedmont area at the base of the San Gabriel mountains, said location cha ratterized by a warm and dry climate; (i v) The City of Rancho Cucamonga is subjected on a regular basis to high-i.^.te r.si*_y dry winds; (v) The topography of the City of Rancho Cucamonga is such that the major portion of the community is located on slopes that hinder timely fire protection response 6y reason of gradient; 'vi) The Uniform 6u it ding Code, as adopted 6y the State 3u it di ng Standards Comini ssi cn, has no requirements for anchorage of small detached accessory 6u it dings against wind forces, and has inadequate requirements for a r.c Forage of certain roofinn, ,ra to ri al s; (vii) The Uniform 8u it ding Code as adopted by the State Department of Ifousi ng and Community Development is adopted on a statewide basis without specific consideration TO'r the above stated geologic, topographic and climatic conditions. (viii) All legal prerequisites to the adoption of this Resolution have occurred. D. Resolutron. NOW, THEREFORE, the City Council of the City of Rancho L'uc amon ga does hereby find, determine, and resolve as follows: 1. In all respects as set fourth in the Recitals, Part A, of this Resolution. I Resolution No. 90-*** Page 2 This Council does hereby expressly find and determine that the amendments set forth in Ordinance No. 412, as are more fully described below, are reasonably necessary bet au se of local climatic, geological or topographic conditions. This express finding is supported by and based upon the following specific findings and determinations. a. Modifications of Sections 3204(d), 3204 (e), and Table 32-A of the 'Jnifo rm 3u it ding Code, 1988 Edition, are necessary due to iocai ciimatic and iopog ra ph is cu nJ iliuns of warul, dry, intense winds tending Lo propagate and extend fires into surrounding structures and grasslands, and to make access for fire fighting apparatus difficult. b. Modifications of Figure 29-1, Fi9u re A of Chapter 70, and Sections 7004, 7008, 701C, and 7013 of the Uniform 8u ilding Code, 1988 Edition, are necessary due tc geological conditions of rocky, granular soils which subject cut and fill slopes to rapid erosion. c. Modification of Sections 2907(b), 3208(b)3, 3208 (b)5, and Tables 32-D-1 and 32-D-2 Uniform Building Code, 1988 Edition is necessary due to the local climatic condition of periodic high winds making anchorage of small buildings and certain roofing materials imperative. 3. The City Clerk shall attest to the passage of this resolution and shalt forward an executed copy of same and a copy of Ordinance No. 412 adopted herewith to the Department of Housing and Community Development, State of Ca mornia, as requires by Section 17958.7 of the California Health and Safety Code. /~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Henry Murakoshi, Associate Civil Engineer SOiiJECi: Public Hearing to rzceive input regarding the propssed intention to excavate the Alta Loma Basin No. 1 north of Banyan Street between Archibald Avenue and Hermosa Avenue within Assessment District 84-2 and award and authorization for execution of contract for said protect, and approval of Contract Change Order No. 1, decreasing the contract award amount from f150,000.00 to f113,000.00 to be paid from Assessment District No. 84-2 Funds - Account No. 81-4637-6028. (Continued from 1-3-90). RECONIEIMTION: It is recommended that the City Council approve the attached Resolutions and Change Order for A) Ordering Certain Changes and Modifications in the Nork in a Special Assessment District and D) Awarding and authorizing the execution of the Contract for the Construction of Certain Public Norks of Improvement in a Special Assessment District; said improvements being the Alta Long Basin Excavation between Archibald and Nermosa Avenues within Assessment District 84-2 and C) Approving Contract Change Order No. 1 decreasing the contract award amount from (150,000.00 to f113,000.00. BAI](fiRDUmU/AMI1-1 ~ i ~ This report presents the Engineering Staff's intent and recommendation to the City Council an November 1, 1989, for the construction of additional storm drain facilities within Assessment District 84-2 (AD84-2), to be funded from remaining Assessment revenue. The proposed storm drain facilities will supplement and provide consistency with the now existing original master planned facilities. Said master planned facilities were des{9ned•for Q100 year flows. On November 29, 1989, bids were opened for the excavation of the Alta Loma Basin No. 1. Mesa Contractors was the apparent lowest responsible bidder with a bid amount of (96,000.00 (see ranking of bid proposals below). Staff has reviewed ail bids received and found them to be complete and in accordance with the bid requirements, except: the bid submitted by Mesa Cor~iractors, whichh contains a multipllcatian error. Mesa Contractors furnished adequate backup data, which staff concurs with, to indicate a bidding error. Therefore, it 1s recoannended that the proposal received from Mesa Contractors be re,leCted as CCSR January 17, 1990 Page 2 non-responsive. Staff has completed the required background investigation and finds all other bidders to meet the requirements of the bid documents. Seven contractors submitted their bids on November 29, 1989. A ranking of the BTd Proposals is as follows: Nesa Contractors 5 96,000.OC Brenton Lee Rhoades 5150,000.00 Globe Contractors t170,000.00 Stimpel Miebelhaus 5184,000.00 CBR Engineering Contractors f238,000.00 Amon Brothers 5280.000.00 Laird Construction 5346,000.00 Staff has negotiated with the second bidder, Brenton Lee Rhoades and subaits a Change Order of 30,000 C.Y. in lieu of 40,000 C.Y. at the same bid unit price. The amount of the award shall be f113,000.00 It is recommended that the City Council open the Public Hearing for protests or ob,{ections to the said proposed stow drain improvements as said bearing was published as required by law. Respect~fufll~y submitted, /-~ / / /~/ /"`~ _/l` R~iPfi Hf~m cc: Bonnie Cabrinha, Special Districts Analyst Attachment -- /~ RESOLUTION N0. 9v "(~,3~J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AWARDING ANO AUTHORIZING EXECUTION OF THE CONTRACT FOR THE CONSTRUCTION OF CERTAIN PUBLIC NORKS OF IMPROYEMENT IN A SPECIAL ASSESSMENT DISTRICT MNEREAS, the CITY COUNCIL of the CITY OF RANCNO CUCAMONGA, CALIFORNIA, did publicly open, examine and declare all sealed proposals or bids for doing certain of the works of improvement as set forth and shorn on the plans and specifications which were approved for proceedings in a special assessment district, said proceedings being takzn pursuant to thz provisions of the "Municipal improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT N0. 84-2 (ALTA LOMA STORM DRAIN) (hereinafter referred to as the "Assessment District"). NOM, THEREFORE, IT IS HEREBY RESOLVED AS FOLLONS: SECTION 1. That the above recitals are alt true and correct. SECTION 2. That this legislative body hereby reiects ail of said proposals or bids except that herein mentioned, and does hereby award and execute the construction contract for doing said work and making improvements in the Assessment District to Lhe lowest responsible bidder, to -wit: BRENTON LEE RHOADES at the prices named in the bid of said bidder on file with the transcript of these proceedings and open for public inspection. Sdcilun a, inac cne wories or improvement snail be conscruccea in cne manner ana form as set forth in the plans and specifications as previously approved for these works of improvement. SECTION 4. That the Mayor and City Clerk are hereby authorized to execute the Agreement for• the works of improvement relating to said Assessment District, and a copy of said Agreement shall be on file with the transcript of these proceedings. SECTION 5. That all monies to pay for the costs and expenses of the above referenced Assessment District shall be paid from the funds as deposited in the Improvement Fund, including any Interest earned thereon. ~-~`li RESOLUTION NO. ~ ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES ANC MODI FICATI Otis IN THE WORK IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the < TY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, has adopted a ,_e..i ~_t; o., p„r<„anr r., rho nrnvinione of chanter 4.5 of Div Lsion 12 of the St rests antl Highways Cotle of the State of Ca lifox nia, and specifically Section 10353, the "Municipal Improvement Act of 1913"~, declaring its intent ior. to order certain changes and modifications in the proceedings and the works of improvement, and did, puree ant to law, set forth a time and place for a public hearing on said proposed changes and modifications in a special assessment district known end tlesienated as ASSESSMENT DISTRICT NO. 84-2 (ALTA LONA STORM DAAIN) (hereinafter reE er retl to ae the "ACeeeement Diet rlct"), and, WHEREAS, at this time notice of the public hear Lng on the pr opoe ed changes and motlif Lcations has been given in the manner and form ae required by lava; and, WHEREAS, this legie lat Sve hotly has heard the presentation and teat imony as it re latee to the proposetl changes antl modit icat ions, and this legielat ive body is now reatly to proceed to take action on said proposed changes and modifications. IiOW, THEREFORE, ?T IS HEREBY RESOLVED AS FOLLOWS: SECTIDN 1. That [he above recitals are all true and correct. SF.^_TION 2. That this legislative body hereby orders those changes and mod if is at ions as set forth in a Resolution of Intention to order Bald changes and mod if is at Lone, ea id changes generally described ae follows: The conatru ct ion antl Lnetallation of additional storm drain far it it lee and appu rtenancee to serve all proper- ti.ee within 1:he boundaries of the Assessment DieEr ict. SECTIDN 3. That the above referencetl changes antl modlf ications, ae ordered, do not r anao eaeo ,n anv aweeeame one ae vrevicv siv levied fvr iiiin Assessment DLetr Lct. SECTION 4. That, the dec.ielona and determinations of this legielati.ve body ordering the above-referenced cha ogee and mod if is at iotte shall be final and conclusive upon all perecne entitled to appeal thereon. l3? SECTION 5. That the Enainee r'e "Report", the Aeae Bement Rell, and all related documentation, ae herein modified, are Eor the best inters et of the property owners within she Aae eeement diet rict, and said modified "Report" sha11 stand as the Eng Lneer•a "Report" for all eu beequent proceedings relating to this Aeeeeement District. APPROVED and ADOPTED this day of 1989. MAYOR CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ATTEST: CITY CLERR CITY OF RANCHO CVCAHONGA STATE OF CALIFORNIA 138 RESOLUTION N0. 9O - 03 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES ANC MODIFICATIONS IN THE NORK IN A SPECIAL ASSESSMENT DISTRICT AN6 SETTING PUBLIC HEARING Cal ifo L 1913° ~ "°"' Califo~~ - ~'~~ 84-2 s~ Gil~Gro¢bU.r.r, ~IIGJ C'!2 Distris I # <~. ~ ~~~ ~ LL ht G„G711 lrL(~ V certain P~6G,=1 ~ ~,A ~tii ~~~c provi si ~I that th ,~pF~vc{•~ a/tiC~k~~.. 4cJ ~~~~ changes Y J ~`~.! persons ~,~a ~L` Lt^~~y ~~~~ .~".MA Ina"IKS~ proposes ~ ~~~ ~ ~ ~d"S~ :he City of Rancho Cucamonga, ~edings and held a public hearing ie 'Municipal ImDrovenent Act of d Highways Code of the State of ignated as ASSESSMENT DISTRICT N0. referred to as the "Assessment rs to this legislative body that ssary, and that, pursuant to the > and Highways Code, Tt is necessary ion briefly describing the proposed Ice fora public hearing where changes should not be ordered; and, increased by reason of the NOM, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the public interest, convenience and necessity requires, anFe intention of this legislative body, to order certain changes and modifications 1n the proceedings and the works of improvement for this Assessment District described as follows: The construction and installation of additional stolen drain facilities and appurtenances to serve all properties within the boundaries of the Assessment District. SECTION 3: NBTiCE IS HEREBY GIVEN THAT NEDNESOAY, THE 17TH DAY OF JANUARY, 199U~TTMEl10UR OF 7:30 O`CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LE6ISLATIVE BODY, BEING THE LIONS PARK COMMUNITY CENTER LOCATED AT 9161 BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, IS THE TIME AND PUCE FIXED FOR HEARING ANY PROTESTS OR OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS at ppnpOSFO TO BE MAOE BY THIS RESOLUTION. ANY INTERESTED PERSON MAY APPEAR BEFORE THIS LEGISLATIVE BODY AND SHON CAUSE wHY SAID CHANGES AND MOOIFICAT IONS SHOULD NOT BE MADE iN ACCORDANCE NI?H THE PROVISIONS OF THIS RESOLUTION. ANY OBJECTIONS MUST BE IN NRITING AND FILED KITH THE CITY CLERK BY ANY INTERESTED PERSON AT ANY TIME NOT LATER THAN THE TIME SET FOR THE PUBLIC HEARING. CITY OF RANCHO CliCAMONGA STAFF REPORT , a ~k V DATE: January 17, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Coleman, Principal planner ' SU&IECT: DEVELODMENT AGREEMENT 87-01 - GREAT WESTERN HOTELS reques o amen a reemen o a ow a o e wl in the Foothill Design and Commercial Center located south of Foothill Boulevard and east of Spruce Avenue. I. RECOMMENDATION: The Planning Commission recommends approval of the prop~5men~ents to Development Agreement 87-01. II. BACKGROUND: On January 2, 1988, the City of Rancho Cucamwnga and BCf~lopment, inc, entered into a Development Agreement for a commercial development. This protect was intended fora mixed use development of home design, financial, business related services, personal care, entertainment and a food park. The Development an roomnnf a..~nnvnA a mae4or nlan lcoa LvhiMt °a"1 PciahlTShed A new list of~allowable land uses and created a comprehensive set of design guidelines to govern development. III. ANALYSIS: The applicant, Great Western Hotels Corporation desires o eve op a six-story hotel on a portion of the food park originally slated for two fast food restaurants (see Exhibit "B"l. Specifically, the hotel is proposed at the northeast corner of Spruce Avenue and Nhite Oak Avenue (see Exhibit "C"l. The hotel is being targeted at the growing business market to the area. It 1s proposed that Exhibit No. 2, Permitted Uses, of the Development Agreement be amended to add "Hotel" as a permitted use under the category of "Business Related Services." A1sa, due to the timing involved, it is proposed that the requirement fcr a Uniform Sian Froo_ram not be required crier to issuance cf botidinq permits for the hotel. At this point, it is not known when the balance of the center will be developed. CITY COUNCIL STAFF REPORT RE: DA 81-01 - GREAT NESTERN HOTELS CORP. January 17, 1990 Page 2 Resp u11y fitted, ~prad u1Xar City PTanner BB:DC:ko Attachments: Exhibit "A" - Approved Master Plan Exhibit "B" - Proposed Master Plan Exhibit "C" - Hotel Site Plan Resolution ordinance Amendment No. 1 v RESOLUTION N0. 9Q_d3 A RESOLUTION OF 1HTENT ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING CERTAIN CHANGES ANO MODIFICATIONS IN THE NORK IN A SPECIAL ASSESSMENT DISTRICT AND SETTING PUBLIC HEARING NHEREAS, the City Council of the City of Rancho Cucamonga, California, has Dreviously initiated proceedings and held a public hearing pursuant ~~ the terms and provisions of the 'Municipal Improvement Act of 1913", being Division 12 of the Streets and HT ghways Code of the State of California, for an assessment district designated as ASSESSMENT DISTRICT N0. 84-2 (ALTA LOM11 STORM DRAIN) (heret nafter referred to as the "Assessment District"); and, WHEREAS, at this time it appears to this legislative body that certain changes and nadiff tattoos are necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways Code, it is necessary that this legislative body adopt a Resolution briefly describing the proposed changes and giving notice of a time and place for a public hearing where persons may appear and show cause why said changes should not be ordered; and, NHEREAS, no assessments will be increased by reason of the proposed changes and modiflcati ons. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. requires, an'd-i~{T-tFe intentionrof this legislative body, to order certain changes and modifications 1n the proceedings and the works of improvement for this Assessment District described as follows: The construction and installation of add; tional storm drain facilities and appurtenances to serve all properties within the boundaries of the Assessment District. SECTION 3: NOTICE IS HEREBY GIVEN THAT NEDNESDAY, THE 17TN DAY OF JANUARY, 199D-AT-TNE'HOOR~OF 7:30 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE LIONS PARK COMMUNITY CENTER LOCATED AT 9161 BASE LINE ROAD, RANCHO CUCAMONGA, CALIFORNIA, IS THE TIME AND PLACE FIXED FOR HEARING ANY PROTESTS OR OBJECTIONS TO THE PROPOSED CHANGES ANO MODIFICATIONS AS PROPOSED TO BE MADE BY THIS RESOLUTION. ANY INTERESTED PERSON MAY APPEAR BEFORE THIS Lc'GiSLATiVF BpDY aMD tWDW CAUSE WHY tern iHaurcc a_yn tXnrFrrerrOr. SHOULD NOT BE MADE IN ACCORDANCE MITN THE PROYISIUNS OF THIS RESOLUTION. ANY OBJECTIONS MUST BE IN WRITING AND FLED WITH THE CITY CLERK BY ANY INTERESTED PERSON AT ANY TIME NOT LATER THAN THE TIME SET FOR THE PUBLIC HEARING. ~. t 8 -- i;; ~d4 ;i : f ! F lj; ~ ! i; i i ~ ~1! ~ 7 , '~ E iii s ';; ~~ ~ i I 1 1 i!il f' 1 ~ ;., 3i~ ~! :9 ;1! ! 911 i~?a?~S i~=;~~i;=i;':i ~iij i~l?;;i ~s I ~ 1...: r ~ ~:aa 9.1.:. 1 9 a~:St Sea: to s . ..aaa u• ~II~i1!!~~5~'' a all van av a v iY i.. eaf.11 ! 7 4 ..u or.o x_t x ~E~A E: e9 §f \\ It.l '1 '1 a-l *+1\ ~ I ~I C 111.1 ,a ~ ~i~oiilii~ ,,o :;: :~ _ ~ 1 L ,1 _~_ _- __ ~~p ~~ I~I TAI 1 ~~ ~'N~lr ~ 1 .k~~ ~ ! y UI~ ~~ ~• ~ , ie ~i, !•w.. ~, "~' • 1 I ~] iFl ~~ 9! ~ ~e~ ~!li~i! Eli ~~ ~~ii~l1 ,~~ w ~g~ E,' ~ ! U $ j ii3~I1~ ~ `e,~~ii~i~~i!i~ y 8 ~ +i ) / ~~ ~~~I~I~iI ~ / ~ ~ ~> ~ ! p ' I aaaa : 6.i i irr•it ! 1 ~~ 1 irlt Fr 1 1 ~r o A ~9cae ~411F kX 'X .''. ii ~' ' \t\0\\ll\\• r ] ]1T 91]191 9 9 l` ~4 d!! !r!l:! 1 ~ i W -~ <rupp orro x. ~ ~E~i~[ti R9 ~~~ ~ . 9 O . U 1 ' ~i u l!! /) ~,~7" ~S ..~. _ ~o~-[oo..e w~ 1y 1y ~' 1P~;1VO~ 'IIA4 PS~go[s ~v, -~j ~ ~~ 4 9+ ~~~~ I~. ~ utti ~a}}, x.. III .. ~~~ 2 ~ -: ~- §. ~ ~ °ul ", y~!II ~--~ HO'I~.-'~ Rte l ~ l f _ _ ,~, ~Jllt~l RESOLUTION NO. 90-09 A RESOLUTION OF THE PLANNING COMtISSION OF THE CITY DF RMIClq CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AMENgiENi N0. 1, REGARDING A fDTEL, TO OE VELOPMENT AGREEMENT 87-01 FOR FOOTHILL DESIGN MID COMMERCIPL CENTER, AND MMCING FINDINGS IN SUPPO'tT THEREOF A. Recitals. H) The California Governnent Code Section 65868 et. seg. now provides, in pertinent part, as follows: A development agreement may be anerded, or cancelled in whole or in part, by iu tual consent of the parties to the agreement or their successors in interest. iii) The developer has authorized Great Nastern Hotels Coryoretion to request Aaendment N0. 1 to Development Agreement 87-O1 as described in the title of this Resolution. Hereinafter in this Rewlution, the sub,lect AmeMment is referred to as the "request". (iiil On January 10, 1989, the Planning Commission of the City of Rancho Cucamarga conduted a Ally noticed public hearing based on the request. (iv) qll legal prerequisites prior to the adoption of this Rewlution have xcurred. D. Rewlution. NON, THERffORE, Tt is hereby found, determined and rewlved by the Planning Commission of the City of Rancho Cucamonga as follows: (1) Thts Commission hereby specifically finds that all of the facts set forth to the Recitals, Part A, of this Rewlution are true and correct. (ti) Therefore, purwant to Section 65868 et, seg, of the California Government Code, thl~lannirg Commission recomm!nds approval of Amendment No. 1 of the Development Agreement 87-01 as attached hereto as Exhibit "1". The Deputy Secretary to this Commission shall certify to the adoption of tnls Rewlution. ~~ PLANNIN6 COMMISSION RE90LUTION N0. 90-09 DA 87-01 - 6R EAT NES'fERN HOTELS, CORP. January 10, 1990 Page 2 APPROVED AND ADOPTED THIS IOTN DAY OF JANUARY, 1990. PLANNING COMy1SSI0N OF/TNE CITY DF RANCHO CUCMIDNGA BY: r I, Otto Kroutil, Depujy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution gas duly aM regularly introduced, passed, aM adapted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the IOth day of January, 1990, by the following vote-to~1t: AYES: COMAIISS LONER S: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY, NEINBERGER NDES: COMMISSIONERS: NONE ABSENT: COIMiSS [ONER S: NONE I~ ORDINANCE N0. ~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT N0. 1 TO AN EXISTI NS DEYELOPMEN7 AGREEMENT FORA MOTEL WITHIN THE FOOTHILL DESIGN AND COMl1ERC IAL CENTER A. Recitals. (i) The California Government Code Section 65868, et. seg., now provides, in pertinent part, as follows: A Development Agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. (iii On January 2, 1988, the parties hereto entered into a Development Agreement concerning a commettial development, "Foothill Design and Commercial Center", (hereinafter referred to as the Agreement"). (iii) The original developer, BCE Development Inc., was succeeded by Reilly Commercial Corporation. through sale )of landdknownpas Lotst9aande30eofaPattel oMapf10617,ntorGreat Nesters Hotels Corporation, part of the real property of Agreement. ivi Great Western Hotels Corporation and Reilly Commercial Corporation have requested Amendment No. 1 to Development Agreement No. 87-01, as described in the title of the Ordinance. Hereinafter, in this Ordinance, the sub,lect Amendment is referred to as the "request". (vi) On January 10, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a fully noticed public hearing and recommended approval of this request. (vii) On January-I1, 1990, the City Counril of the City of Rancho Cucamonga conducted a duly noticed public hearfng on the request. (viii) All legal prerequisites prior to the recordation of this Ordinance have occurred. I~ CITY CWNC IL ORDINANCE N0. RE: AMEND. N0. 1 TO DA 87-01 January 17, 1990 Page 2 D. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does Hereby find, determine, and ordain as follows: 1. This Council specifically finds that all of the facts set forth in 'he Recitals, Part A, of this Ordinance are true and correct. 2. Therefore, pursuant to Section 65868, et. seg., of the California Government Code, the City Council approves Amendment No. 1 of the Development Agreement 87-01 as attached hereto as Exhibit "1". 3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daf ly Report, a newspaper of general circulation published in the City of~ii~arro,~Ti"fornia, and circulated in the City of Rancho Cucamonga. 1~7 EXHIBIT "1" RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA NHEN RECORDED, RETURN T0: CITY OF RANCHO CUCAMONGA 9320 Base Line Road Rancho Cucamonga, CA 91730 Atin: Deobie Adams AMENDMENT N0. 1 TO OEYELOPMENT AGREEMENT 87-01 THIS FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT ENTERED INTO ON JANUARY 2, i988 ENTERED INTO BY AND BETNEEN BCE DEVELOPMENT INC. AND THE CITY OF RANCHO CUCAMONGA A• Amendment. 1. Section 3, Condition 3 of Development, is hereby amended to read as follows: 3. A Unifona Sign program, excluding the hotel, shall be submitted prior to issuance of building permits, and which is compatible with the drChitwrfural .hA.. ,_. _ slgnage needs of the design, ~camnerc{air and food park users. Z. Exhibit No. 2, permitted Uses, is hereby amended to add "Hotel" as a permitted use under the category "business Related Services." 3. Section 3, Condition 7 of Development, 1s hereby amended to read as follows: 7. A untT3rm design of hardscape, such as pavement material, trash receptacles, benches, bicycle racks, etc., for the entire site excluding the hotel, shall be submitted for City Planner review and approval. each and every termheandhprovislon thereofy shalleremato 1n fullAforcMe~andand effect. /~~ CITI' OF RAyCHO CtiCAMONGA STAFF REPORT K DATE: January 17, 1990 T0: Mayor and Members of the City Council PROM: Brad Buller, City Planner ~! SY: Cindy Norris, Associate Planner i SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89-038 - reques o amen ec ion it nvrronmen a esources, anJ Section Y, Public Safety, elements of the General Plan as they reiate to hillside development and grading, and will involve revising the definitions of hillside from 10 percent or greater to 8 percent or greater, as well as restricting development on slopes which are 30 percent or greater. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT tl9-UZ - G11T Uh NANGNU LUUAAUNfiA - M amenamenL LO 11 Lie o e n c pa o e y a ng Chapter 17.24, Sections 17.24.010 through 17.24.090, 17.06.010.0.1.9 and 17.06.020.0.6; amendfng subsections 17.06.O10E.5, 17.08.040.8 and C, 17.08.050.E.5, 17.18.020. D, 17.18.030. A. 17.1A 07n r tv +o run x, + , and 17.18.040.E.S.b; and deleting? ~Vsubsections 17.06.O10.E.5.a through f, 11.18.040.R.1.a through e, and 17.18.040.E.S.a.i. through iv., regarding establishment of guidelines and standards for hillsf de development. RErpMiENDATION: On January 13, 1989, the Planning Commission reco- mnend~tTi8T General Plan Amendment 89-038 and Development Code gnendment 89-02 be approved by the City Council, revising the definition of hillside to include slopes of 8 percent grade or greater, restricting development from slopes with natural grades of 30 percent or greater, adopting the proposed Hillside Devel apnwn4 QrAi nanCe, revs si na relate u' tex?. and rnart< necessary and issue a Negative Declaration. If the Ci4y Council concurs, adoption of the attached Resolution and Ordinance of approval would be appropriate. [I. ABSTRACT: The City Council will review the findings and cone us ons of the Planning Commission and make a determination on the proposed General Plan and Development Code Amendments, to ~~ a CITY COUNCIL STAFF REPORT GPA 69-039 & OCA 69-02 - HILLSIDE January 11, 1990 Page 2 amend Sections IV, Environmental Resources, and Y, Public Safety, of the General Plan as they relate to hillside development and to amend Title 17 of the Municipal Code regarding establishment of guidelines and standards for hillside development. This report will briefly discuss the background and development of the proposed ordinance. Ir. addition, the report x911 ,further elaoorate on the two provisions of the ordinance, involving the building envelope height limit and slope/density calculation, which resulted in additional discussion at the Planning Commission meeting of December 13, 1989. Finally, the report discusses Staff's intent in application of the ordinance. Ili. BACKGROUND: At their regularly scheduled meeting of December 13, T4E9--t~ie~' Planning Commission reviewed the proposed Hillside Oevelopment Ordinance and related text and chart amendments and unanimously recommended approval for adoption with requested minor changes to the language regarding the use of mass grading techniques in slope zones 2 (5-7.99 percent) and 3 (8-14.9 percent). The development of the proposed ordinance has come about as a result of staff'; work with the Planning Commission, the Etiwanda North Consortium and members of the development community over the past six months. The standards and guidelines contained in the document are hacad nn rtie ,..,, r. ,.. _.._-.,_. Plan, Grading Committee and~Planning Commission Policies,einrut from various City divisions and staff's research and aralysispof standards and criteria used in other communities. The overall intent of the proposed ordinance is to further define and implement the goals and objectives of the General Plan, to minimize the adverse effects of grading, to establish a mechanism to avoid grading in environmentally sensitive areas and to provide for the safety and aelfare of the community while allowing for the reasonable development of the sand. Wi th In the framework of the ordinance, basic design guidelf nes and minimum standards have been developed to implement the objectives of the ordinance. Additionally, through the use of these criteria the nrriina ntn attempts LG dE;t r9be urncra_i1v r_6n a ..~~,.~ .....u... and level of acceptable impacts- of any resulting4Vhillside development. IV. ANALYSIS: The proposed ordinance is a comprehensive document w c a dresses all factors related to hillside development /5~ CITY COUNCIL STAFF REPORT GPA 89-038 d OCA 89-02 - HILLSIDE January 17, 1990 Page 3 including site design, architecture, land stop iny, as well as grading and drainage. The most significant provisions in the ordinance involve increasing development restrictions based on the percent slope, limiting possible densities based upon slope gradient, allowing the transfer of development credits and requiring more restrictive grading and building construction .chniques. A detailed analysis of these prov?,ions - beer. provided in the attached Planning Commission staff report of December 13, 1989. the two areas which received additional discussion at the Planning Conmission meeting involved the proposed building envelope height limit and the slope/density land capacity calculation. This report will elaborate further on these two subjects. Building Envelope to Limit Maxinwm Height. Experience has shown that the current height provisions contained in the Development Code, 35 feet from average grade, can result in the appearance of massive building hulk, particularly when viewed from downhill. Therefore, it was determined that a Wore restrictive height limit should be required which is easy to apply and is sensitive to the natural slope. Staff has proposed an overall maxinum height limit of 30 feet, as measured from finished grade, as shown in Section 17.24.070. D. Based on reviaw of ty~t~al hull M..g ~ ', o,w nu ric wicn builders in application of the Droposed standards, staff has found that a 30-foot height limit provides a reasonable area in which to construct a two story structure with raised cei sings. In addition, staff conducted a survey of local and other hillside conmunities in California, as shown in Exhibit "A", and found that of the 15 conmunities surveyed, 10 had maxinam building limits of 30 feet or less. In addition to the overall height limit, an additional height limit, of 15 feet'mith a 45-degree riser, has been required on all side elevations and at the front of the uphill section. These additional height limits are intended to further minimize the blocking of views, limit the appearance of bulk and overbuilding between units and at the street front, as well as to encourage va riatinn in _in Th plL^.~ment and a'r{nitFC {g rai ma <eing, These height provisions are intended to apply to the nu in bulk and overall mass of the building. Architectural enrichments and variations in roof nwssing are encouraged. Provisions already exist in the Code to allow for consideration of projections above the height limits. l~~ CITY COUNCIL STAFF REPORT GPA 89-038 8 DCA 69-02 - NI LL SIDE d anus ry 17, 1990 Page 4 Slope/Density Land Capacity Considerations The proposed slope density regulations correlate the intensity of development to steepness of terrain as a means to minimize grading, protect significant view corridors, limit the removal of .egetaticn, reto it the ma xi mnm am„~,nr s .ape.; spacE and to reduce the probable environmental and safety impacts which will occur in hillside areas inr, lud ing potential lire, erosion, flooding, 9eolcgic, seismic hazards, as well as access limitations. Based on a review of other hillside communities, staff found tnat there are a number of methods which can be used to minimize densities: Require a maximum percent of land area to remain natural or as open spate, with the amount increasing as the slope gradient increases. - State a minimum number of dwelling units per acre which decreases as the percent slope increases. - Use of a slope/density formula. There are different methods wh tch can be used. Staff chose the method that was the most straightforward, but which would also allow flexibility on a case by case basis depending on the envi rnrunnnfal r~.., t..~_ _ __,.__. _... _.. ,.~ :,... ~~ .,~t~. The intent of the slope/density land capacity criteria is to set specific limiting capacity factors, as shown in Section 17.24.080,8. These factors limit the allowable density on slopes 10 percent or greater in proportion to the steepness of the slope and potential for significant adverse impacts. Staff's determination of the land capacity factors was based upon the goals and obtectives of the General Plan, the concerns identified abovc'r an analysis of the standards of other comnunittes and a review of densities and resulting impacts of previous development protects fn the City. Basically, the slope/density criteria is a formalization of rid rrenL r: ty p^1iCiES with regard to don,i t!e5 A - recently approved protects in the northern area of the~C~ity has found that the average net density for protects in the Very Low Residential District (less Lhan 2 dwelling units per acre) on slopes from 8 to 10 percent is 1.45 dwelling units per acre (Exhibit B), l /ja. CITY COUNCIL STAFF REPORT GPA 89-038 & DCA 89-02 - HILLSIDE January 11, 1990 Fage 5 Theoretically then, the slope/density calculation, given an acre of land in the Yery Low Residential District, with no special environmental constraints and with a natural slope between 10 and 14.9 percent, would result in a possible maximum density of 1.5 dwelling units per acre. The remaining capacity factors were then determined from this point. ine capacity formula further restricts densities based on the types of environmental constraints on a given site. These constraints will 6e determineC on a case by case basis as a result of environmental studies. Y. APPLICATION OF 7HE ORDINANCE It is staff's intent to apply the Drovisions of this ordinance to all residential projects on natural slopes of 8 percent grade or greater except for the following; 1. All residential projects approved through the design review process prior to the effective date of the ordinance shall be exempt; and, 2. All residential projects, of 4 or fewer lots, that were submitted and accepted as zompi ete for building plan check on or before the effective date of this ordinance, shall be exempt. A11 new submittals, including but not limited to parcel moos dnd h1111dinn rnn<T,.ii~t: ~.. ^--~'-- ic~cireu r ,.....~~~y. after the effective date shall be subject to the provisions of Chapter 17.24. Staff's rec ommendatton for the above exemptions, is so that the application of this ordinance does not cause undue hardship to those applicants or individual property owners who have already spent a great deal of their time and resources toward a project approval. VI. FACTS FOR FINDfMBS: Based on the conclusions listed in the a ac a ann ng Cammissf on Staff Report and MT nu tes from December 13, 1989, the City Council can make the following findings and conclusions: m vn 1. The oropncaA 3mwnd,~^.ents will not have a iiun{firant imn _x_r_ ~, the environment as evidenced by the conclusions and findings of the Initial Study, Part II. 2. The proposed amendments will promote and further implement the goals and objectives of the General Plan by protecting the natural character of the foothills, by limiting the potential alteration to the natural landfonn, and by ensuring the ~~3 CITY COUNCIL STAFF REPORT GPA 89-038 8 DCA 89-02 - HILLSIDE January 17, 1990 Page 6 restriction of development from areas with potentially unsafe environmental conditions including soil erosion, landslide, seismic, flood, fire, pollution, as well as limited public service access. 3. The proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of cunventionai grading in the northern areas of the City by revising the definition of hillside from 30 percent to include land with a natural slope of 8 percent or greater. 4. The amendments encourage the protection of natural areas for ecological, education and other scientific purposes by restricting development from sensitive hillside areas and by encouraging a mare sensitive treatment to the land in the northern City and sphere areas. 5. The amendments will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space land uses by restricting development from significant features of Land such as rock outcroppings, ridgelines, sensitive wildlif¢ habitats, creekside or riparian woodlands, and view corridors. 6. The amendments wiil avoid residential densities which exceed the capacity of the land and level of service that can reasonably be supplied by limitinn +r'e +~!=r:+t; ^' peveiopment in hillside areas through the application of the slope/capacity formula. 7. The amendments will encourage innovative and sensitive development in the hillside areas through the provision of guidelines and standards which address site design, driveway and roadway design, architecture, walls and fences, landscaping. grading and drafnage. 8. The amendments shall limit the potential negative impacts on ad,{acent developed and undeveloped properties as the result of additional requirements for hillside areas. 9. The proposed amendments will result in minimal impact to environmentally sensi ti yn areas rh rough the use of trans£rr of devel upmeni credits to areas which are less sensitive. VII. CORRESPONDENCE: This item has been advertised as a public hearing In a airy-Report newspaper in a Quarter page ad and notices posted n cams public locations. I~/ CITY CDUNC IL STAFF REPORT GPA 89-036 d DCA 89-02 - HILLSIDE January 17, 1990 Page 1 VIII. ACTION: If the City Council concurs with the recommendation of tie-Pia nning Commission for approval of General Plan gnendment 89- 038 and Development Code Amendment 89-02, then adoption of the attached Resolution and Ordinance would be appropriate. Res~:.:fully shitted, :r; t /~ Brad B e~`~~~'~ City anner BB:CN:jfs Attachments: Exhibit "A" - Building Height Survey Exhibit "B" - Pro,{ect SurvQy Exhibit "C" - Text Revfslans to Proposed Hillside Development Ordinance as recommended by the Planning Commission. Planning Commission Staff Report of December 13, 1989 Planning Commission Minutes from December 13, 1989 Planning Commission Resolution of Approval for GPA 89-036 Planning Commissior. Resolution of Approval for DCA 89-02 Resolution of Approval for GPA 69-03B Ordinance of Approval of Development Code Anendment 89-02 /55 BUILDING HEI6MT SURYEY CITY MAXIMUM BU ILBI NG HEIGHT Local Chino Hills * Cross slope lot 25 feet, Downhill 3^ fcct, Urh:li 35 feet, on all lots a maximum 12 feet at front and side setback Claremont * 30 feet Glendora * 25 feet La Yerne * 30 feet, but may exceed based on design review San Dimas * 35 feet or two stories, whichever is less Other Benicia * 30 feet Napa * 32 feet ?ah~~ ue~erc * 32 feet Pasadena * 27 feet Rancho Palos Verde * 16 feet from average elevation measured from street, 26 feet on downslope measured from grade adjacent to lowest ~ foundation Redlands * 21/2 stories or 35 feet San Juan Capistrano * 20 feet from grade to eaveline on downsl ope side -`ierra Madre * 30 feet Simi Valley * 35 feet Tiburon * 30 feet E%NIBIT A /5~ SURVEY DF APPROVED PROJECTS Aporox, percent Net Tract Zoning Grade Dens ity Comment 12332-2 VL 6 1.49 du/ac Stemwall (Brock) Construction 13728 VL 6 1.68 du/ac Minima] lot padding, (Nordic) d split level 13738 VL 6.5 1.39 du/ac Conventional (Rodine) 11626 VL 6-10 .95 du/ac Split level and (Sti evers/Bri mar) steimvall 12650 VL 8 1.53 du/ac Stemwall {Deer Creek} construction 13697 VL 8 1.6 du/ac StemNall (Daly Nomesl ~ ~ ~~ „~, ~ , ~~ ~~~ 13644 YL B 1.6 du/ac Minimal lot padding (Nordic) , split level 13674 YL 8-30 1.59 du/ac Custom tract (Lenk) 12902 VL 30 1.3 du/ac Custom tract (Nordic) 13316 VL 10-19 1.46 du lac Minimal lot padding (Freedman) , spilt level, stemwall construction / C ~ EXN[BI7 B and setback variations; and, G. Avoid residential densities which exceed the capacity of the land and level of services which can reasonably be provided and that generate traffic requiring extensive grading to provide adequate street access; and, H. Encourage novel op!nents which us: desirable, exl,tiny features of land such as natural vegetation, viewsheds, geologic and archaeological features; and I. Protect natural areas for ecologic, educational, and other scientific stuQy purposes; and J, Preserve and/or introduce plant material to protect slopes from soil erosion and slippage, preserve natural watershed, minimize fire hazard and minimize the scarring and deformation of the natural landscape; and, K. Limit the Impact of slopes on adjacent developed or undeveloped properties. I'GU fSe.C~. Section 17.2{.020 Review Procedures A11 pro,iects within a hillside area (8 percent slope or greater), including, but not lilted to ewsiw Maaae Cevelap~eais parcel <taps, aad tentative tract yaps, and site plans for developaent review, as well as General Plan and Develop~ent District hendaents, shall be subject to Grading Committee review with approval by 61iy 's'Ea€€, the City Planner, or Planning Commission in accordance with the provisions contained in Sections 17.06.010 and 19.01.060. Additionally, review by the Grading Committee with approval by the City Planner or Planning Commission rill also be reautred for other *,ypes of deveiop~ent or grading which Beet the criteria specified in Sections 17.21.07,OA, B, and C.., ^ ~ ~ / A. City Planner Review - The City Planner shalt review all site development applications, and shall Impose conditions deemed appropriate when one or more of the following activities are proposed: DRAFT -2'FOR DISCUSSIOi~J PURPOSES QNLY' / ~~ EXH[81T C-1 Ar..'td , r aer p.f i~/is~3~/ C, Exceptions - Protects which are limited in scope (e. g., regrading of yard areas, pool/spa construction, additions to existing structures and/or construction of accessory structures rhich are less than 250 square feet) and en slopes less than 2CS;; mAy be deferred to require enly staff level review and approval by the City Planner. However, protects which require grading of large flat areas, including but not limited to such itas as sash as tennis courts or riding rings eic.r #n w>;ls#de areas shall De reviewed by the City Planner, or mdy be referred to the Planning Cawission 1f determined necessary by the City Planner. D. If ambiguity arises concerning interpretation of the provisions captained in Sections 17.24.010 through 17.24.090, it Ep#s sesi#enr #i shall be reviewed by the City Planner to determine compliance with the provisions contained within the section or he may refer tt to the Planning Comnlssion for consideration. Section 17.24.030 Application Filing Requirements A, A natural features map, which shall identify all exl5tin9 slope banks, rldgelines, canyons, natural drainage rnuran~, F_dc-,;^~ ,c,,uynizea u iue Itne streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 'e~i5~ v •~-- B, A conceptual grading plan, which shall include the following "t~u items 1n addition to those required by the Rancho Cucamonga IUniclpal Code C _ Section 19.0{.060 or as part of the Submittal Requirement Checkllst~ ~, i) A legend with appropriate symbols which should include, but not be limited to the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spo! elevations. pad and si.^.!shed floor alevations, and change in direction of drainage. 2) A separate map with proposed fill areas colored in green and cut areas 1n red, with areas where cut and fill exceed depths established 1n the hillside development guidelines and standards clearly shown. DRAFT' -4- FOR DISCUSSION PURPOSES ONL`f EXHIBIT C-2 Slope Zone % Natural Slope Standards 1 5 ar 7ess This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable. 2 5 to 7.99 Development with grading is permitted in this zone but existing landforms must retain their natural character. Padded building sites are penal tted, however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architectural prototypes, or padding for the structures only, may be required to 1 lrwHy aaaniquas •w w r vw,•::emr when, ufN in ~vt'~ed ceNanctian with the aiieana:fve techniques described above, and for LG~nO~I.~CAC1e,. a protect within a master plan which U U includes special design features, such as a golf course, extensive open space, or significant use of green 6eits or paseos, as ezmrplified in the folloring cluster development, the Planning Caawlssian I1 r~ co.^.siNS tY.a us2 of aalss grading techniques adJacent to these special design feaWres as partial cmgltance with this standard. DRAFT IyFUR DISCUSSION PURPOSES ONLY /n ~ E%HIBIT C-3 . i r .n 7~ C~ I z ~ ~8~~ asp ' ~j .: ~ .~ _~_ T_ \ l(~~ ~~ ~ ~ ~~F i ~ ~~ ~.~ .A~4 r q ~, A~ ~.. ~ ~vi ~. __ +1` I 2 ~; r , {) 0l7 M ~ ;'w. ~~- 3 8 to 14.9 This Ts a hillside condition. Special hillside architectural and design techniques that nini~ize grading are required in this zone. Architectural prototypes are expected to conform to the natural tandfonn by using techniques such as smut level. foundatto.^.s cf greater than 18 Inches, stem walls, stacking and clustering. ,, ~~ / 15 FOR ~1SCU95i.%tJ 1'URI'.?:Jf.?~;, ONLY EXHIBIT C-4 ~~ Ilse of senveniienal grading ' tesgnigses may be sensidere4 only wgen wseA In conjunction with the alternative techniques described / ~2 J15e d above, fe- ilrited pe~iiers of and . . I\ t r' ~ ~O p for a project within a master plan =1 - 'j ~ ° l/ ~J -h tch inci odes spe.:ial design features, sucq as a golf course, extensive open space or significant use of green belts or paseos, the Planning Ca~issian ray consider padded building sites adjacent to those special features when it is found that said grading creates a better relattanship Detreen that special design features and the adjacent lots. _ 4 15 to 29.9 Uevel opment within this zone is ifmitnA :n nn mnra than tha lac< visually prominent slopes, and then only where it can be shown that safety, environmental and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable 6u11 ding structural techniques such as stepped, or pole foundations are expected. Structures shall blenA with the natural e.^.vironn:ent through their shape, materials, and colors. Impact of traffic and roadways is to be minimized 6y following natural contours, or using grade separations. 5 30 and over [Jf:f;i- i' FOR GI'J,'US_._ i! I ` ~; ~ _ ; f ihll.Y I~ Thts is an excessive slope condition and development is proh161ted. a- EKNIBIT C-5 CITY OF RA;vCHO CtiC~1110\G~ STAFF REPORT ~ C mil/ DATE: December 13, 1989 T0: Choi noon and Members of the Planning Commission FROM: Brad Buller, City Planner ~'~, BY: Cindy Norris, Associate Planner ~~ SU&IECI': ENYIROMAENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89-03B 1,117 Ur NANCHU UUUAMONGA A regUeSt to amen~cf~op IY, nvtronmen a esources, and Section V, Public Safety, elements of the General Plan as they relate to hillside development and grading, and will involve revising the definitions of hillside from 10 percent or greater to 8 percent or greater, as well as restricting development on slopes which are 30 percent or greater. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENOMENi 89-02 anen n o e o e n c pa o e y a ng Chapter 17.24, Sections 17.24.010 through 17.24.090, 11.06.010.0.1.9 and 17.06.020.0.6; amending subsections 11.O6.O10E.5, 17.08.040.8 and C, 17.08.OSO.E.S, 17.18.020.D, 17.18.G30.A, 17.18.030.0, 17.18.040.A.1, 17.18.040.E.5.a, and 17.18.040.E.S.b; and del etinq subsections 17.06.O10.E.5.a thrnua_h f. 17.18.040.A.1.a through e, and 17.18.040.E.S.a.i. through iv., regarding establishment of guidelines and standards for hillside development. ABSTRACT: The proposed amendments will result in revisions to e t y s General Plan and Development Code with regard to hillside development. The proposed changes have came about as a result of staff's preparation of a Hillside Development Drdinance. This report then, will discuss the background and development of the proposed Ordinance. In addition, it will discuss the framework of the document, including the use of design guidelines ann minimum s*_andards. The report then outlines the most significant provisions contained in the Ordinance which include revising the definition of hillside from 8 percent to 10 percent, restricting development from slopes 30 percent or greater, requiring the use of alternative grading and structural techniques 1n hillside areas, llmttiny possible densities based on percent slope, allowing the transfer of development credits and including a building envelope standard to limit maximum building height. /~~ ITEFIS D k E PLANNING CIXM ISSION ST, REPORT GPA 89-038 AND DCA 89-02 December 13, 1989 Page 2 II. BACKGRODND; A. General: For the past six (6) months, City staff has been wor ng with the Planning Commission, Lhe Etiwanda North Consortium and members of the development comnuni ty toward development of a hillside development ordinance. The intent of the proposed ordinance is to further define and implement the goals and objectives of the General Plan, minimize the adverse effects of grading, establish a mechanism to avoid grading in environmentally sensitive areas and to provide for the safety and welfare of the community while allowing for the reasonable development of the land. The development of these proposed standards and guidelines are based on the goals and objectives of the General Plan, Grading Committee and Planning Commission policies, input from various City divisions and staff's research and analysis of standards and criteria used in other communities. In addition, a number of Planning Commission workshops and informal meetings were held with members of the development community to discuss provisions of the ordinance. As a result of the above review, it was determined that provisions within the Genaral Plan regarding the definition of hillside and the maviwim ctnna eradioM r~ ,l t,.,, development should be revised to be more in keeping with the ultimate goals and objectives of the General Plan and to better protect the public health, safety and welfare. Also, with Lhe addition of the proposed Hillside Development Drdirtance, Chapter 17.24 of the Development Code, changes to related sections of the Code will be required for consistency. B. Document ReV131on: Based on information obtained from the a ove men one inputs and direction received from the Dlanning Commission at their meeting of October 25, 1989, staff has revised the document as shown in the final draft. Additions have been highlighted in bold and wording to be removed struck out. The significant changes Lo the document include the provision of additional language and graphics, which provide more specific direction, as well as the addition of new criteria. The significant new criteria added Include the following: the addition of new filing requirements, the possibility for the use of alternative conventional grading ~, ~ -~-- /6 y PLANNING COMMISSION ST. 'REPORT GPA 89-038 AND OCA 89-02 December 13, 1989 Page 3 techniques in limited situations in slope zones 2 (5-7.9 percent) and 3 (8-14.9 percent) and a revision to the 6uil ding envelope to allow a maximum height of 30 feet in ail Cds P,S, In addition to the above, the document framework has been revised and some of the criteria previously written as standards have been re-written as guidelines. The ma,{orf ty of these changes have involved site design and architectural considerations. III. ANALYSIS: A. General: Nithin the framework of the proposed ordinance, ab~design guidelines and related minimum development standards are provided. The design guidelines are intended to provide direction and encourage innovative and alternative development solutions. Based upon these guidelfnes, a set of development standards have been provided to give more specific direction and to set minimum acceptable crtteria. Because it is difficult W predetermine all of the possible conditions which could arise in the hillside area until specific studies are completed, the ordinance attempts to desc rihe aenerally ihn evnar~nd muv w ,ne t,,.._t a acceptable impacts of any resulting hil )side development. The purpose is to provide flexibility and to allow for creative design solutions that meet the intent of the goals and objectives of the ordinance. The proposed ordinance addresses all factors related to hillside development including site design, driveway and roadway design, architecture, landscaping, as well as grading and drainage. The most significant provisions in the ordtnance Tllvolve increasing development restrictions based on the percen4 slope, limiting possible densities based upon slope gradient, allowing the transfer of development credits, and requiring more restrictive grading and structural techniques. The following 15 an analysis of these provision: Revise the current definition of hillside to include all areas w a na ra s ope o percen or rea er. The topography of the City is generally that of a gently sloping inclined plane which protects from the base of the San Bernardino mountains in a southerly direction, Natural slopes of eight percent or greater generally occur to the northern third of the City and sphere ~~ ~-3 /6s PLANNING COMA SSION ST.. REPORT GPA 89-038 AND DCA 89-02 December 13, 1989 Page 4 areas, which include north Alta Loma and Etiwanda (see Exhibit "A"). In many cases, slopes in the foothills exceed 40 percent. There are two locations where steeper topography occurs in the southern portion of the City, Redhili and directly east of Redhill Park. Based on review of projects previously approved within the northern portion of the City, grading has historically become a concern in areas with natural slopes of eight (8) percent or greater and has resulted in significant alteration to the natural landform and an unattractive appearance. In order to avoid these adverse effects, more recent projrts approved in the north Alta Loma area have been required to use alternative techniques such as limited grading for utilities and roadways only, padding out a minimum portion of the lot for the units only, as well as the use of stem wall and split level construction. Additionally, existing policies within the General Plan encourage developers to minimize the amount of grading needed for development and utility construction, through design of projects which are oriented to and fit the natural terrain. Therefore, in order Lo preserve the existing scenic character of the north Alta Loma and Etiwanda areas and minimize the negative results of conventional grading techniques, the definition of hillside should be revised to include land with natural slopes of eight (8) percent or greater. Asa result, staff would recommend that the wording of the Land Resources policy contained in the Environmental Resources section of the General plan be revised zs shown in Exhibit "B", and Table IV-2 revised as showrt-fn Exhibit "D-2". Also, that related sections of the Develp~ment Code be revised as shown in Exhibits "E-3 and E-4. 2. Restrict development from slopes 30 percent or greater. Current provisions witMn the General Plan would allow development in hillside areas on naWral slopes up to 40 percent grade on a canditlanal basis subject W environmental review. However, the likelihood for adverse environmental and safety impacts such as soil erosion, landslides, flood, f1 re, seismic and limited public service and emergency vehicle access increases slgnificantty for slopes over 30 percent. ~,~-~ /~~ PLANNING COlMISSION ST, REPORT GPA 89-038 AND DCA 89-02 December 13, 1989 Fage 5 Additionally, the General Plan encourages preservation and maintenance of~ hillside areas for ecological, educational and aesthetic purposes, including protection of existing vegetation, wildlife, soils, geology, d rairaae patterns, na to ral topography and character. As a result, adverse effects to'~the community by allowing possible development on slopes 30 percent or greater far outweighs the possible development benefits which may be derived, Therefore, in order to ensure public safety and provide for the benefit and welfare of the citizens of Rancho Cucamonga, lands with slopes of 30 percent or greater should be left natural to provide residents, and the region as a whole, with a significant natural resource for education, scenic and recreational purposes. As a result, staff would recommend that the wording with regard to maximum developable slopes contained in the Geologic Hazards section of the Public Health and Safety element of the General Plan be revised as shown in Exhtbit "C" and Table IV-2 revised as shown in Exhtbit "D-2". 1n addition, related sections of the Development Code should be revised as shown in Exhibit "E-4." Revision of the Slope/Development Guideline Standards. Table IV-2 contained with the Environmental Resources section of the General Plan is proposed for revision to ensure consistency with the previously mentioned changes and to further promote and implement the goals and ab,lectives of the General Plan and to provide further clarification to City policies. The 51a(1€ zone guidelines have been revised to require that special hillside architectural and design techniques which minimize grading be utilized in all areas with a'natural slope of 8 percent or greater. These techniques could include the use of split level foundations, sfam wai is anA mi ninut paAd;ng fer rho structures only. Limited use of conventional grading will be permitted in Slope Zone 3 (8 to 14.9 percent) under certain limiting conditions, for example when the project is within a master plan which includes special design features such as a golf course or extensive open space. Additional criteria fa^ development of slopes on t5 percent grade ar greater are specified 1n Slope Zones 4 and 5. ~~ ~ -5 llQ~ PLANNING COAMISSI ON S7 REPORT GPA 89-038 AND DCA 89-02 December 13, 1989 Page 6 In addition, the slope zone guidelines also address those areas not specifically designated as hillside, but which may be in close proximity or have similar characteristics to hillside areas. Specifically, Slope Zone 2 (5 to 7.99 percent) indicates that existing tandforms within this category are to retain their natural character and as a result, design techniques which reduce or minimize the appearance of grading may be required. Therefore, Table IY-2, 1n the Environmental Resources section of the General Pian should be revised as shown in Exhibit "D". Additionally, Section 17.18.040 of the Development Code should be revised to ensure consistency as shown in Exhibit "E-4." 4. Slope/Density land capacity considerations. The proposed slope density regulations correlate the intensity of development to steepness of terrain as a means to minimize grading, protect significant view corridors, limit the removal of vegetation, retain the maximum amount of open space and to reduce the probable envirommental and safety Impacts which will occur in hitiside areas including nntnntiat f~.o .,.~+..., flooding, geologic, seismic hazards, as weli as access limitations. The intent of the slope/density criteria is to set specific limiting capacity factors. These factors limit the allowable density on slopes 10 percent or greater in proportion to the steepness of the slope and potential for significant adverse impacts. Staff's~eternlinatton of the land capacity factors was based upon the goals and obJectives of the General Plan, a review of densities and resulting impacts of previous development prolects in the City, the concerns identified above and a survey of the standards of other coexunl tt es . Using the slope density formula then, the total number of allowable residential dwelling units shall be calculated based on the total buildable land area within each slope category multiplied by the capacity factor for each slope category, Buildable arcs 15 defined as a contiguous area of the tot which 1s iess than 70 percent in natural scope, or the area determined, through environmental studies and investigation, as buildable. .L//"~C -gyp ~w0 PLANNING CONMISSI ON ST REPORT GPA 89-038 AND OCA 89-02 December 13, 1989 Page 7 As a result, staff recommends that the slope/density criteria be incorporated into the proposed Hillside Ordinance as it functions to further implenm:nt the provisions of the General plan and as a means with which to limit potential impacts in steeper areas. Additionally, related sections of the Development Code, 11.08.0408 and C have been revised as shown in Exhibits "E-9, and E-30" to ensure consistency throughout the document. 5. Allow transfer of Development Credits. The proposed ordinance includes provisions to allow the transfer of development criteria from an environmentally sensitive area, which mu~y suffer adverse impacts as a result of development, to a more appropriate area which can actomaodate higher densities. However, the use of this provision 1s subJect to a Development A regiment and/or any other appropriate legal agreement, asgwell as an applicaSle Specific Plan and General Plan Amendment. fie intent is to preserve significant amounts of open space and encourage large scale master planning rather than incremental, piecemeal development. 6. building Envelope to limit maximum height. Experience has shown that the current height provisions contained in the Development Code, 35 feet from average grade, can resutY in the appearance of massive building bulk particularly when viewed from downhill. Therefore, staff has determined that a more restrictive height limit should be required which is easy to apply and is sensitive to the natural slope. Based on review of typfcal building construction and work with builders in application of the proposed standards, staff has found that a 30-foot height limit provides a reasonable area in which to construct a two !21 stcr; structare wlih raised ceiltng_s. Additlanaliv. the 15-foot height limit and the 45-degree angle required on the side elevations and at the front of the uphill section are intended to minimize the blocking of views, limit the appearance of bulk and overbuilding between units and at the street front, as well as to encourage variation in unit placement and architectural massing. ~i L ~~ ~~~ PLANNING COMMISSION S1 REPORT GPA 89-036 AND OCA 89-U2 December 13, 1989 Page 8 The height provisions are intended to apply to the main bulk and overall mass of the building. Architectural enrichments and variations in roof massing are encouraged. Provisions already exist in the Code to allow for consideration of projections above the height ~; :. As a result of the addition of this section, related sections of the Development Code as shown in Exhibits "E-4", "E-9", and "E-10" will have to be revised to ensure consistency. IY. ENVIRONMENTAL ASSESSMENT: Staff has reviewed the Initial Study, ar an comp e e e Environmental Checklist, Part II of the Initial Study, and has found that no significant environmental impacts will occur as a result of the proposed General Plan Amendment 89-03B and Development Code Amendment 89-02. Y. RELATIONSHIP BETNEEN GPA AND DCA: State law requires that the ve oilmen o e, .e., on n9 r finance, be consistent with the General Plan (Section 65860, Government Code). If findings can be made to warrant the General Pian Amendments, then similar findings should also be made regarding the Development Code Amendment. VI. FACTS FOR FINDINGS: 1. The proposed amendments will not have a significant irtrpact on the environment as evidenced by the conclusions and findings of the Initial Study, Part II. 2. The proposed amendments will promote and further implement the goals and objectives of the General Plan by protecting the natural~haracter of the foothills, by limiting the potential alteration to the natural landform, and by ensuring the safety, health and well-being of the community through restriction of development from areas with potentially unsafe environmental conditions including soil erosion, landslide, seismic, flood, fire, pollution, as well as limited public .,,,. 3. The proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the City by revising the definition of hillside from 10 percent to include land with a natural slope of 8 percent or greater. ~~ ~ -8' /7d PLANNING LDMr1ISSION ST REPORT GPA 89-03B AND DCA 89-U[ December 13, 1989 Page 9 4. The amendments encourage the protection of natural areas for ecological, education and other scientific purposes by restricting development from sensitive hillside areas and by encouraging a more sensitive treatment to the land in the northern City and sphere areas. 5. The amendments will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space land uses by restricting development from significant features of land such as rock putt roppirg s, ridgeli nes, sensitive wildlife habitats, creek side or riparian woodlands, and view corridors. 6. The amendments will avoid residential densities which exceed the capacity of the land and level of service that can reasonably be supplied by limiting the intensity of development in hillside areas through the application of the slope/capacity fornula, 7. The amendments will encourage innovative and sensitive development in the hillside areas through the provision of guidelines and standards which address site design, driveway and roadway design, architecture, walls and fences, landscaping, grading and drainage. o. Tne arnemsnencs snail limit the potential negative tmpac is on adjacent developed and undeveloped properties as the result of additional requirements for hillside areas. 9. The proposed amendments will result in minimal impact to environmentally sensitive areas through the use of transfer of development credits to areas which are less sensitive. VII, CORP,ESPONDENCE: This item has been advertised in The Dailv Report newspaper-7n a quarter page ad and notices pos-te~in` conspfcuous public locations. VIII. RECOMMENDATION: Staff recommends that after considering n onna on contained in the oral and written staff report and after hearing Public testimony, the Plannlna Commission adopt the Loch 2d "neSuiuLiuni r'ecarnnending dpprOVal Of General Ml an Amendment 89-036 and Development Code Amendment 89-02 to the City Council, revising the definition of hillside to include slope of B percent grade or greater, restricting development from slopes with natural grades of 30 percent or greater, adopting the proposed Hillside Development Ordinance and revising related text and charts as necessary and issue a Negative Declaration. ~~ ~' 9 /7/ PANNING COMMISSION ST'4F REPORT GPA 89-038 AND DCA 89 .; Oec ertber 13, 1989 Gage 10 Resp lly ted, ~B ad Bu r ~ - ; ,.y~ r~nrc~ BB:C N:ko Attachments: Exhibit "A" -Slope Map Exhibit "8" -Proposed Text Revision to the Environrtental Resources Element Exhibit "C" -Proposed Text Revisions to the Public Health and Safety Element Exhibit "0" -Proposed Revisions m Table IV-2 Ezhib it "E" -Proposed Revisions to the Development Code Text Exhfb it "F" -Proposed Hillside Development Ordinance, Chapter 17.24 Resp lu Hon of Approval for Ce neral Plan Ane ndne nt 89-038 Resolution of Approval for Development Cade Ame rdme nt 89- 02 ~j~~~~ 7 ~-- ~2U Q (~] N ~jJ~f i~v~ C7 ~ Q R C7 S o Q R ° 3 ___!i N f 2 w 7 s~ ~yy( ~ 8 {L ~ N ~ !A ~ ~ a 2 9 a ~x~osa~ Q C7 2 i 4 U U a rc o ~ ~ ~~ U ~ z ~Cu F' Q z 0 ~z uC ~~ u o° ~x a~ ~~ w~ oa ., u ~7~ CHAPTER IV ENVIRONMENTAL RESOURCES/LANG RESOURCES SECTION Policies ° The City shall encourage developers Lo minimize, through proper site planning, the amount of site grading needed for development and utility construction, Every effort should be made to preserve the existing vegetative cover, since this cover greatly reduces both wind and water soil erasion. Land should be graded and landscaped in workable increments to avoid exposing vast expanses of bared earth at any given time. However, if the soil is to remain exposed for more than thirty days, temporary sediment erosion control measure should be required to protect disturbed areas. A variety of different control measu re5 are available including the following: Vegetation. for long term protection, particularly in areas susceptible to erosion, sodding and the planting of shrubs, perennial grasses, and trees should be considered. Temporary measures are intended prim rily to pro tent the site during and after grading operations and while more permanent cover is maturing. Examples of such measures include toosoilinp. mulches. and annual grasses. Structural. These are man-made measures typically designed to attenuate the flow of runoff or to trap sediments. Most effective when used in conjunction with vegetative measures, they range from simple, temporary and stra tegf tally placed straw bales to more complex and elaborate sedimentation basins. Development in the foothills, defined as having Proposed Chance slopes greater than T6 8 percent, Should relate to the slope in order to preserve the integrity of the hillside minimize disruption of natural fn rm and ha ttpctarow to ^t', the Slc pe order to preserve the integrity •of the hillside minimize disruption of natural ground farm, and be clustered to retain the maximum amount of open space. (Slope variations in the planning area are shown on Figure V-I In the Geologic Hazards Section of Chapter V). IV-5 ~~ ~~ ~ ~ excerpt, Da ge IV-5 / ~~ E%HIBIT "B" CHAPTER V PUBLIC HEALTH AND SAFETY/GEOLOGIC HAZARDS SECTION SLO"E The topography of the City exists primarily as a gradual incline 'in a southerly direction from the base of the San Oerna rd ino mountains. With the exception of Red Hill, slopes greater than IO% exist within the sphere of influence area north of the City limits, and can exceed 40%. The likelihood of some land distu rbantes such as soil erosion and landslides, increases on land with slopes exceeding 30%. Development at slopes greater than 30 percent requires special engineering design features, also becomes difficult to serve with public services, and Pro oo sed c!:a nge is more susceptible to landslide hazards. yAyQtif ;10 da~aldKl tro~~ir As a result, slopes at 30 pertent or greater are considered to be excessive and unsafe for development purposes. Figure V-1 illustrates the slope characteristics of Che planning area. EROSION HAZARDS Soil erosion is a function of soil type, as we 11 as slope, rainfall intensity, and ground-cover. It is aesthetically dtspleasir,g, accoun is 'or many dollar; in loss of valuable soil, and often induces even greater rates of erosion and sedimentation. Sedimentation is simply the accumulation of soil a< a result of erosion. Construction activities can 6e a major cause of erosion and sedimentation. It is through the deposition of eroded soil that erasion and sedimentation can impose significant damage. Sediment covers and ruins laws, roads, and play areas. It further reduces the hydraulic capacity of ditches, drains, and culverts, and can fill streams, lakes, and man-made water impoundments. This reduces their storage capacity and increases flood pQLEnt ial. Soil associations found in Rancho Cucamonga are mapped in Figure V-2, The main association, Tujunga-Delhi and Tujunga•Soboba, are well-drained and are not very susceptible to erosion, although the loose texture of the Tujunga-Delhi can result mDdo •*_~ e.^or ., during °trong wi^d^. Po tential^ erosion ha za rdsVnmay likely occur from untreated exposed soil in areas characterized by the Fr iant-Escondido Association. These areas are found in the foothills in the northern portion of the study area. S71 ~ -( 3 €~b4~4F~„~a4s ~-3 /7~ CHAPTER V PUBLIC HEALTH AND SAFETY/GEOLOGIC HAZARDS SECTION " Require special construction features in the design of structures where site investigations confirm potential geologic hazards. o POL iC IES Soil defined as having conditions that may constrain development are indicated in Fuau rn 'd- 2. The Friat Escondido and Ramona Arl ington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being e?they of these associations shall be permitted only after site specific investigations have been conducted that demonstrate the sails are suitable and the disposal of wastewater will not degrade the subsurface water quality. The Tunjunga-Delhi soil association may have soil bearing capacities that could limit some development. Structures proposed on this soil type should be permitted only after a site specific investigation has been performed that indicates the soils can adequately support the weight of the struttu re. Pro oo sed Chance The City shall not permit development in areas where the slope PxcP Pdc Gp a0 nPrrcn• r~,o,o areas shall remain natural because of the difficulties of providing public services, emergency services, and road access. o On potentially unstable slo Des, the Building Official tan require a preparation of a detailed foundation investigation that grading and construction activities be performed to prevent potential slope movement. The City Building Official and City Engineer shall es tabllsh minimum setbacks along the bluff of the Cucamonga Creek, as may be indicated by soils reports, to minimize property damage, injening~ "na Css'ble less 1'f D ~ e from fa ~ i w`e of the ground. FoundatlonsV should be set back frpm waterways a sufficient dis trance to prevent undercutting. This distance should be determined by a soils engineer for all V-5 ` J q `7 excer t, a e V-5 ~ L Exhibipt "~•~ ' / 76 TA9LE IV-2 SLOPE/DEVELOPMENT GUIDELINES Slope ~ oGD- Zone Percent Natural Slope Guideline i Less than iU`b This is not o hillside condition. Grading" with conventional fully padded lots and terracing are acceptable. 2 10% - 19.9% Development with grading may occur in this zone, but existing landforms must retain their natural character. Padded building sites are permitted on These slopes, but split level architec- tural prototypes, with stacking and clustering are expected. 3 20% - 29.9% Special hillside archiTecturaf and design techniques ore re- quired within zone 3. Architectural prototypes ore expected to conform to the natural landform. Mass grading is to 6e dis- couraged. 4 30% - 39.9% Development stwvld not normally be approved within this zone, except for less visually prominent slopes, and then only in areas where it can be clearly demonstrated that safety, envi- ronmental and aesthetic impacts will be minimized. Only limited grading•• is expec}ed. c y,_ -, __ „-- ... ,.. ;;,i., is ~n eace5sive slope ana development Should be prohibited for public safety purposes and because of the difficulty of pro- viding services. •Movement for redistribution of earth over large areas. Fbwever, disruption of the landform, drainage patterns, and on-site surface terrain and vegetation should 6e avoided. ••The movement of earth for small projects such os individual building foundotiona, driveways, local roads, utility excavation, etc. CITY OF RANCHO CUCAMONGA ITEM:_ PLANNING DMSION 7TTLE: ~ OGIL ~~ ~ E?CHIBIT~ D • ~ SCALE: ~~ / !7~ TAttE IY-2 SLO P.E NEVELO PMENT GUIDELINES Slope Percent Zone Natural Slope Gu id elf nes 1 5 or less This is not a hillside coM it ion. Grading with conventional fully padded lots and terrac my is ..., p. ab'.c. 2 $ to 7.99 Oevelo pme nt with grading is permitted in this zone but ex ist irg landfo rms mist retain their na to ral character. Padded building sites are permitted, however, techniques such as contar grading, court fined slopes, limited cut and fill, and split level architectural prototypes, or padding for the structures only, may he required to reduce grading. Consideration of alternative conventional grading techniques may be allowed for a prv,~ect within a master plan which includes special design features, wch as a golf cWrse, extensive open space, or significant use of green belts or paseos. 3 8 to 14.99 This is a hillside condition. Special hillside architectural and design techniques that minimize grading are required in this zone. Architectural prototypes are expected to conform to the nabrral la ndfo rm by using techniques such as split level `' ''uL~mra vi yrea Ler Bran id rwnes, Stem walls, stacking and clustering. Use of alternative conventional grading techniques may be considered for limited portions of a project within a master plan wh tch includes sp ec tai design features, wch as a golf eW rse, extensive open space or significant use of green belts or pa seos. 4 15 to 29.9 Development within this zone is lfmtted to no more than ,tbg less visually prominent slopes, and then only where ft can 6e shown that safety, environmental and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable building structural techniques wch as stepped, or pole fou nd atfons are expected. Structures shall 61e rd with Lh2 naLd.'ral cirVii Ur62 in ihrWgh lire lr 5{1 ape, mater 1d 15, Exhibit D-2 ~~L~ITp /7S TABLE IV-2 Page 2 and cnlo rs. Impact of traffic and roadways is Co be minimized by following natural con ta: rs, or using grade separations. 30 and over This is an excessive slope condition and development is prohibited. Exhibit 0-2 ~~~-~~ / ~~ Section 17.06.010 4. Technical Review Committee. The Technical Review Committee, is comprised of members of the Community Development Department, Planning, Engineering; and Building and Safety Division; the Cucamonga County Water District; the Foothill Fire Protection District and the Sheriff's Department. Review by this Committee will consider items, such as, but not limited to circulation; street improvements; right-o f-way dedication; utility easemznts; grading; drainage facilities; storm drain improvements; uniform building code requirements; security; fire flow; emergency access; location of Cire hydrants; water end sewer line connections end sizing; water pressure; permit tees; streetscape end landscape standards: setbacks: parking; end requirements Por environmental processing. The Committee will require changes in arty development for compliance with adopted codes end standards. They may also make recommendations to the City Planner and Planning Commissson on any policy issues or areas not covered by existing codes and standards. 5. Credirat Committee. The Greding Committee, comprisirg oI representatives of each Division of the Community Development Department will consider items such as, but not limited to, cut end fill areas; drainage and flood control facilities; erosion control; retaining walls; and the eP[ect of proposed grading on adjacent properties. 'Ibis Committee will determine if the Grading Plan meets City grading guidelines and policies. The decision of the Grading Committee will be forwarded to the City Planner or Plennirg Commission and will be based on the fekewNr6 criteria es well» the 6ilyts adapted 6redeer6 9ediaeneer conta6red in the C[tyb ®lleide Development oedttretce, Chapter 17.24. Fa;• 'fe eneenre~e ianevalive site pieretttvr~ MehMgaea and provide far a variety eE hensitr6 slyksr gredi~ wtMln eneMm le! snbdevislem shell aeetlr Ear elreeler lraflar Rod dreiwe~e reMrwi wwtw a.a.wi...i 6radite may be eNewed sabjee! to epprerel by the P9ennin6 6emneieeien wham inneve!rve sradin6 teehnigaea are eliliaed erM where Me site eeasNeials end sMiet edherenee to Mia regairemen! to Simi! sredltrs would .render deveiepmerk of the site inEeesib}e. 'lhe inlet!! is Me! bail! alreelaree be desletted to Ei! the nelienel tepe6raphy aM Ma! Rr~i^6 be miaimieedr wherorer pessibier FRefer to geelfen l7sABe94&-d is reread to regaFramaMe far aseble yard eroah fbA 'tb rednee the impae! e4 sredlr~ en adjeeeM prepertiee; herd edges lef! by ea! eM EiFt epereHero shalt be Shea a romrded eppearenee the! eleeely rosembtea Me nelaroF eenMaro eE the tnndr ~t ~ -`~ 6lrhibit F-1 ~~ Section 17.06.010 k) 4he ehereekr of the netnreF krrein she}} be preserved wherever possible: {R hissside eroes; the eroetien of seve! eroas; sack es huilding padr, shalt be miromiaed: However, where level erees are neeessery; grading eeixepts mast provide veriety to the skepness of slopes cad eenfigurotien: Fd) Erected steper, either ea! end fist !ha! ere ndjaeen! !e roedweys she}t be greded >* such s wey thet en urMu}eti~ appeerenee in the grsded pkane be provsded Eer a mere elFreetive eM notate! seeking slroetxape than engineered er aroferm skpes-. k) Within rosidentset devesepmenk~ gredk~g mas! be planned in sack a way se as k preserve aM eManee rielesy partieaierky lheae seen from pnbs%e pieeesr Asaet nelnntt ridgelinea maa! be roserved m e bxkdrop for hemea and units mus! be plotted to concoct eroaled skepes wherover possible: (fl 4b eneewrege meinknenee of skrpes For eros}en eentrot end xeMeties properly lines shall be seeekd e! the kP of the slope eiM rovegelelien mmt be insteHed by eke develepen ~~ ~ --( ~ /g ~ Section 17.08.050 3. The Project contains streamside woodland associations, identified as a significant natural resource in Figure IV-2 of the General Plan, and site investigations have been completed, and mitigation measures proposed (including clustering) to mitigate impacts upon riparian community. 4, The Project is located on a site or contains a structure or other feature which is designated as a historic landmark, end provision pies been made for preservation of said landmark in accordance with the Historic Preservation Ordinance. 6. The Proiect site is designated by the General Plan as Hillside Residential, or is a hillside condition (defined es havvg natural slopes 8 percent or greater), and environmental studies have been conducted to determine lend holding capacity end site development constraints, and the proposed density is no greater than two units per net buildable acre. 6. 'IYie Project site is designated by the General Plen as Open Space, and development has been concentrated to preserve open space, and the proposed density is no greeter than an average density of one unit per 40 acres. 7. The Project promotes energy ePPicieney through the use of anergy efficient building design (e.g., south Peeing windows, energy conserving building materiels end appliances, etc.) and site planning (e.g., east-west aligned units, landscaping Por solar access, etc.). 8. The Project contains trees protecled by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit end report have been submitted and healthy trees are preserved through proper site planning std grading techniques. F. Land Use Conflicts me matrix m 'fable 17.98.9911-F indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the following sections are the design tools that should be employed eiNer separately or in combination to mitigate existing or potential land use conflicts. The Absolute Policies require that such conflicts be effectively mitigated in the project design. 1. Land Use Conflict Miti¢ation Measures (a) Open Soece Setbacks. By providing an open space butter between con il- o~ land uses conflicts can often be avoided. The width of the butter required will depend on the severity of conflict and the extent o[ landscaping. To work effectively, the ownership, use, and maintenance oC the open space buffer must be clearly defined. (b) Landscaping and Tep^¢•anni^ ^hata[es. As past o` an open space Darter or a9 a treatment of land immediately adjacent to buildings, landscaping een be used to reduce conflicts. (c) Dense plantin¢s of ever¢reens can provide a viau_al buffer. (1) 9ensiiive landscaping can soften the shery visual contrast between two abutting lend uses by subduing the differences to architecture and bulk end by providing a gradual transition rather than a haroh edge between uses. (2) Dense ¢rowth of plants een be visually appealing but also een b4 uses to discaurrr!~aaaggge" u~w~nted and unsafe pedestrian or bicycle access be 96 "'1~ uBapT /8a L O`.`L, Exhibit E-2 Section 1^.18.020 (e) Promote ground water recharge. 4, Animal and Plant Life: (a) Help to preserve lends having biological significance especially riparian (water related) areas and their associated woodland vegetation. (b) ~leirtain and reestablish, where feasible, natural vegetative communities and dominant ]andcn_ayno ele,,.;ena uniquo .o G`,e City, (e) Encourage retention of areas with significant native vegetation and habitat value. (d) Help to protect natural areas for ecologic, educational, end other scientific study purposes. 5. Environmental Design: (e) Pro[ect and improve the scenic quality of the City. (b) Design buildings to minimize adverse environmental impacts and resource consumption. (c) Use the relationship between built form end open space to strengthen the image and identity of the City. Section 17.18.OR0 Use 2eRUlelians A. The Hillcida Rno:dnnHol rTo~.:nr .. L'..-.p:0 ::e•.'.Ci•uu. •: ncuuga eunCl' uli separate tots or clustered together in ~e bui idable ~aree along with accessory structures only. Uses other than residential dwellings are deemed to be too intensive find not consistent with the General Plan. 8. 711e maximum dwelling unit density may not exceed two units per net buildable sere. C. Environmental studies and investigations such es, but not limited to, geological, hydrological, seismic, slope and soil conditions, access/circulation, and biota research, shell be conducted for any development in Nis District. Based on this in[ormation, the actual number of dwelling units shell be determined. Determining the buildable area of a site moat also meet the performance development criteria in this chapter. n, a prcise 'cite deValiiCimeni nian chnwino inr ,n.,,.nr~ _ building locations, building design, end grading, must be prepared in accordance with the residential review procedures eo~t~fined in Chapters 17.08 and 17.08, in conjunction with any subdivision or development proposal in the Hillside Residential District. All such proposals must comply with the design guldellnes, stettderde and ebeolute policies in Chepten 17.08 end 17.24. ~1ry~=-'...I fJthibit F,-3 b--~ Section 17,18,,.s0 ~ Section :7.18.040 Section 1718,030 Site Development Iteguletiore A. Minimum Parcel Size: No absolute minimum parcel widths and depths are required. Buildable area is considered to be a contiguous area of the lot which is less than thirty (30) percent in retural slope or the area determined through the environmertal studies and invesfigation as buildable and is subject to slope/capacity factor calculations contained in Section 17.24,080. B, SP tbseks: Front, side and rear setbacks shall be determined bated upon the p, .: cise development plan end env;ronme.^.tel st::dics. C. Building Height: Bwe}}iMa end ether eeeesxry straetares she}} ne} exceed thirty-£ive Ea(N fee} in everek heishf 3M11 be consistent with the height ptwieions captained ht Section 17.24,070.D.1. D. Parking: See parking regulations contained in Chapter 17,12. Section 17.18.040 Devebpment Performance 3tettdaMs 'Rte following minimum performance standards are required for any development within the Hillside Residential District. Necessary information shall be provided on or with the precise development plan [o determine compliance with these standards, A. Soils/Grading 1. Grading of any site shell conform to the feNewite 6radinR eMnderdr, bead open the percent of the netare} sleper standards contained in 9aoUop 17.24,050. ~R;, orer im•5e stem may ee permitted. Heweverr saeh Sradens ~sheN na} dexap! exfelitta leM fermr mejer dreine(!e petlentsr end areas of siRe„4ieen! veseletietr. (~ 18% - }p,q%r 8eme sredtrM may eeenrr bat lendferms mast retain Moir ttetareF ehareekrr Padded bniidlt~ sties may be eHewedr bn! eastern feandetiener spit! level designsr sleekin6 end elusleritg is expected M mili6ele the need far Ienae Padded bniidit6 eneesr fe) a8% - ae.e%. Mena sraelfn6 ie net permktedr Qteeie} hi8side archlteH6re} and desi6n teehnignee are expected to order b eenferm M the eelare} MM fermr (d1 ae% - aea%. Beveiepmen! end linked ~+x eon eMy eeear in thie eete6ery M k eon be eleeNy demenetreled !he! sefetyr envirenmenla! Bad aes•..tielie i(nenrM eRw w. ey._:,,.wi Fc1 6reeler then 48%e BevelepmeM end 6rndlera is pnMbked in }~ slope eetgteryr 2, A.11 graded areas shall be protected from wind end water erosion Nrough acceptable slope stebilizatim methods such as planting, walls, or netting. ~t L~ ~'~' Exhibit E-4 lgY Section 17.18.040 i~ Design 1. Dwelling uni>s end structures shall be compatib Le with the nature] surroundings of the area and shell not dominate the natural environment. 2. Exterior finishes of dwelling units and struotures should blend in with nature] surroundings by using earth tone colors and avoiding reflective materials or finishes. Dwelling units and structures she1L he sited in a manner that will: (s) Retain outward views from each unit; (b) Preserve or enhance vistas, oerticularly those seen from public places; (d Preserve visually sign6[icant rock outcroppings, natural hydrology, native plant materiels, and areas oP visual or historical significance. 4. to areas adjacent to a ridgeline or in moderate slope areas, dwe Qing units end structures should be sited to: (a) Use the natural ridgeline es a backdrop for structures; (b) Use landscape plant materie]s as a backdrop? and (c) Use structure to maximize concealment oP cut slope. 5. Retaining Wells/fences (e) Retsinntg walls shall be aced fR the felletMtt6 ItlenneM be cmetructed in a ttrmer canefetent MM the ptrotrisiau cattaited in 9ectlaes 17.24.970.6, C etd 6. FH .d eleee -rare ws~ per Sot nat etteee#t~ eNh: La} er_! x hei9M* (-2) Bew e - t3tte wet} per h>Q ne! etteeed 47a in hei6h! may be medr F~ Eete s1epM9 tv!!h the sfnee! e! eeeeae er eHter eettdflfette -Otte releMer~ w en each side the 1e! may be mad ne! eteeeedtt~ 48a fn heieltlr /~ Section 17.18.040 F4) Aete+MryP waf3e edlneen! to driveweYS - We33s hems en iMe~re! per! of the elreelare may exceed egh! FB) fee! it heiy~h! if neeessetry: (b) Exposed walls and fences Pacing roadways shall be no greater then five (5) feet in height, ezcept es necessary for ecoustioel purposes to satisfy the intent of the noise ordiname. (c) Where retaining walls or fences face roadways, they shell be built, when feasible, of natural materiels indigenous to the Rancho cucamvnga area h.e., roCK tacmgj. ~, ~ ^~/1 E~rhibit R-6 /~~ 7~ Section 17.06.010 2, Projects of a limited size end scope which do not meet the above criteria may require an application for 11inor Development Review as defined in Section 17,06,020. 3. Residential constructior. involving four (4) or less dwe0ing units are subject to Design Review. 'Ihe City Pienner shag review the project for compliance with the design corsideratiens contained in Section 17.06.010-E, 'lhe City Planner may request modifications based on the design criteria or may refer the project to the Design Review Committee. C. .authority 1. Planning Commission Review: Development/Design Review applications which meet any of the following criteria shag require review end consideration by the Planning Commission: (a) Any project being proposed along Foothill Boulevard, Haven Avenue, or any other Special Boulevards, es described on the General Plan; and (b) Projects which fall within the sensitive lend use areas, or sensitive environmental areas; and (c) All projects which are master planned. As prescribed in Chapter 17.20.030, M1tester Plans, once the master plan has been approved by the Planning Commission and does not tall on a special boulevard may be approved by the City Planner. (d) All additions that exceed 60% of the existing structure and meet requirements of 1 end 2 shell require Planning Commission approval. (e) All projects requiri~ an EIR shell require Planning Commission reviews. (q All residential projects of more then four (4) dwelling units. (g) All projects within a hillside etas (defined m hsvirg abpes eight (8) percent or greater) erw subject to review purwtent to 9ecUon 17.24.020.& 1Te Planning (commission is suthorized to approve or deny applications end to impose reasonable conditions upon such approval, subject to the right O[ appeal. Conditions may include, but shall not be Bmited to requirements for open spaces, screening and buffering of adjacent properties, fences, end walls; requirements for installation and maintenance of landscaping and e"CS:Cn conLv: 1i1eaWFeS: reuaih',fien[a for ¢iraot improyomenra onn dedications, regulation of vehicular ingress end egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements [or maintenance of landscaping and other improvements; establishment for maintenance of landscaping end other improvements; establishment of development schedules or time limits [or performance or completion; end such other conditions es the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, end to enable the Commisalon to make the findings required by Section 17.08.020-F. -6C7~; ~ -~'~ F~dtibit E-7 /D Section 11.06.030 2. New structures not visible from public view and located on the same assessor's parcel es an existing business or institution. Said structures shall not result in an increase of more than 60% of the floor area of the existing buildings, or 10,000 square feet, whichever is less. 3. New construction, expansion, or significant reconstruction of perking lots. 4. The establishment and/or construction of an outdoor storage area on the same site as, end in conjunction with, an axis?ing business. ~. The construction and/or placement oC silos, satellite dishs, antennas, water tanks, roof or ground mounted equipment visible Crom public view, or similar structures and equipment as determined by the City Planner. 6. Projects which may require review per Section 1734.030.C. D. Applications An application Cor a Vtinor Development Review shnll be filed with the Planning Division in a manner prescribed by the City Planner. E Development/Desiim Review Applications involving the construction ~f new buildings or building additions may be referred to the Development/Design Review Committees for further review, as provided for in Section 17.06.010. F. FindinQS 'Ihe City Planner shall make the following tindirgs before granting approval of a Minor Development Review application: 1. That the proposed project is consistent with the objectives of the Development Code, and the purposes of the district in which the site is located, 2. That the proposed project 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. 3. That the proposed project is in compliance with each of the applicable provisions of the Development Code. 4. 'Ihet the proposed project is consistent with the General Plan. G. New Applications following Denial. Following the denial of a Minor Development Review application, no application for Ne same or substentlelly the same use or the same or substantially the same site shall be tiled within one year from the date of denial. Smriian i i_iIR.83! ,7a.i.i~t,., r .ww YS.d~~e..~ o~..,e_.,s-tc- A. Scope end Exemptions. 71iis Section shell apply [o ell residential development projects which will result in the subdivision of residential lots and/or the construction of new residential dwelling units, and mobile home perks. However, the following projects shall be specifically exempt from the provisions o[ this Section: -79=C/ F~ -~ Exhibit E-8 /6 D TABLE ItOS.ON ~ B BASIC UEVF.LOPMENT STANDARDS ICOHTINUED) + RESIDENTIAL BUILbING SEPARATIONS: (RONTTO FROM N/R N/A ZS )0 l0 )0 OTIQR N/R N/0. Io IS IS IS HEIGHT LIMITATIONS 33 )f l5 )3 10 51 F /F F WTCOVEMGE 3fA Ao• 504 504 504 <04 dAX:}I:;id ii OPE9 SPACE REQUIRED: PRIVATE OPEN SPACE ],000 / NB) L000 I N/R )OOIIJO 2 il 1130 150/100 150/100 (GROUND FIOOp/ LTPF.R S)ORY lNR) COMMON OPEN SPACE (A) N/R N/R N/0. )04 )04 l04 (MINIMUM 4) USABLE OPEN SPACE Iq 634 A04 104 )34 )!4 )14 (PRIVATE d COMMOFB RECREATION AREA/FACILITY N/R N/R N/R REQUIX6 D P6R SEC. 1101.0100 '.A NDSC'APINC (GI 101 (O) REQIIOIED PER SEC. IT0I.ON~F A EYCLUgNG LAND NBCB9IARY RRI~CONDARY3PNFIII3 AND ARII?IUAIJ ANDq NBISmEAREA9 SHAW B8 LFP@ILWPON TIB3 9.OPBR'APACIIY PACPDR COMADBID q 9ECRON R.L,010 B. IXQ.UgNO LAND NE~tlARY PDR SFFA'ONDAAY SIRPBf] AND ARTLRUIS. fl, A9 MEASURED FROM ULTIMATE CURB FA~ON PVBLN: OR PIIIVAlR S1REEt5 C. VARIABLE FROM'YARDS ALLOWED PERSUAMTO BECKON IT,OtON~H. D. ADD IO FEEPff AD1ACENTTO VLJ.OR LM d3'ISIKT. F. LINK I~STORY W RHIN 100 P.:EF aF VL OR L g5)RICF FOR MULTffIJi FAMILY DWELLINGS. G, PERIMETER LANDSCAPING ANDINIERIOR 41RE1s7TREES. H. ASINC,LE FAMR.Y DFPACf(ED DWEB,UNCLESS THAN 1,000 SQ. FF. MAY BEAVRId11TED W IOiN A DEVELOPMENT' [7IIIIBRS INNOVATIVEQUALRiF.I IN TRACE, ROE, AND ARCIBIECFU RAL DESIGN THROUGH l7ff APPROVAL OF A CONDPIlONA1 US6 PERMR. I. SENIOR CFF~1 PROIECPS ARE F~MP'IED FROM 7X13 RFQUBIEM6NI. I in ASSVRE THAT SMALLER L?YRS ARE NOT NNCEF.NIRA77D IN ANY OHE AREA OR RIOIECT, i RIE FOLLOWING PERCENTAQ6 LBARATION9 OFTHHTOFAL NUMBER OF UNRS SIIA W APPLY: '~ IO PERCENT FOR EFflCQ~7ICYl571)DIO AND ]f P6R~TF FOR ON6 BBg100A/ OR UPTO l1 PF/ICEM ~ COMBINED. SUBIECT TOAC011IXPIONAL U3H PWIMff, TNB R.ANNINO COMMRSION MAY AUITSOR~ A GRCATQ RATIOOF F7flC®NLYOR M16BBDRG061 UNDS W 1~1 A pHVF].OPABIIl f F,%IIIBRS INNOVATIVE DESGN QVALITMbWF10 A BALAN6 MIX OP UNR SPAS AND TYPES. K gHB13B)E AIIPAt,I®ONI75HAIL BB LDMBD 7'O 10 AS SPA®FBR SBCDDN ILU.CI0.D.1. y yi ~, ~-a-~ ~' ~ ~17ibit F-9 ~~ -i TABLE 11.0S.4N . C OPTIONAL pBVELOP.AfENT STANDARDS (CONTINUED) RESIDENTIAL BUILDING - SEPARAT10N5: FAONi TC FRONT 1S SS N/R N/A N/A 10 IC N/R e/R N/A HEIGHT LIMITATIONS (L) 33 33 )3 :0 33 C C 2; OPfiN SPACE REQI'DIED: rzu JAie 3PEV 3Pnl]i 1,000 / N/11 300/150 233/IJO ISO/100 I30/100 (GROLTTI FLGOW LPPER STORY UYO) ' COM.NON OPE4 CPACE (A) SR IOR 33• 3534 33R (NI4LNUM R) USABLE OPEV SPACE (Al 60• :S• 1011 d0• dC; IPRn'ATE A cO.NMOM 0.ECREATION AREA/PACILITY N/R REQUIRED PERSUANL TO SECTION I].OS.Ob-G LANDSCAPING (P) REQUOIFJ)P06UAMro ON 1].O1A10-F FRONT YARD LANDSCAPING REQUIRED PF]ISUAMTO SECTION I].OSOiO-E fi RGY CONSERVATION N/R REQURID ANE T07BCIlON 0.01010-N 'A IXCLAIDDICINNHBCES4ARY FOR9BC(NiD.SRY STR0+1]ANDAR761L1LS ANDIN ' PAC13]R CQTLADIQD HWSmE AAPA9 SNAIL RE OFPENORLLON THB SLOP6G5PACTII IN SSC.^,ON 1].]LO20 8. e. AS Sff.ASLREUFROM ULTWA'IECIIRRFA®ON AR(AC AND FIUVATE SIRI$IS. REFER TO TAEIL I1.04010- D FDR AIN1f1fON.LL1617AQ DiF011WA710It. C LfMff 1 STORY WLI7fIN 100 FEEL OP VL QR L DITIRICf POR WIA.TlIJ7 FAM6Y DSF®I.OlO1 E LFSS THAN IS FFI'I FROM BACK OF>mEMAL[RT6@]CON0010NIU4 TOwNHO(6E OR APART\¢NLREQUDIFS A{IfOMATIC 6APA~DOQt OPR/~S, GARAOBSfIBACK 610 MINiMULLN ff SmE ENTRY OARAW ITS®0®I>BCL(ON 17.01010 - L 1Vffi0N SDJWB FAWLLY DETACI¢pgT.60ETACf~D DEVdpAffi?. F PFALA~-ip{IANDSGPDIG AND ISIFAIOII f7RF1•ITRBi1. 0. ASINGIJi FAMI.Y DEI'Aa®CWPLa'N0 LESJ THAN 9009Q. P1'. WET. REQURE THE APPROVAL Cf A CONDLRONAL USE PFRAQL PF]R SECL'ION 17.01050 H. 7FA0IAf LLVE DWFL.W09 P1R11Q1-I4D PPA lEG1'ION 17A1Oq.0. 1. RFFFJR TO TABLE 1].OIAIO CI AHO TAAB 1701OW Ct 1. SEMOq CfIffiIPROIEC(7 ARE F1®QI~PRONT161 RBQUEIPLffJii. K TO ASSL7RE TXAT SMALL~llA017 ARE N0EmP/~AR.A'iffiSD/ANY ONe AREA OR PROR?LT, THE FOILOWMO PP13C~VLAOE LWfMTR7160PTNETpf.LL NI1A101•R OF UNfIR SMALL APPLY: to PFACFIffI FDR mnLm+cvanvp A!0 v PIDIQlEPOROli EEORCIOW OR wro v PFA~tT COMAD1m. SUBIELTro ACOF/DIT102AL U>0 PLIIQI. TIR PI.AlMEIDCOWM]SSION WAY AVIl1Olt~ A EiIESTER RATA 0l EPPICRif.Y 4l OI6R®ROOW UIR17 M~2 A WVe1.Or30IIfT O(NIBtfS LYNOVA7IVE DE90NQUAllI67 AND A RAUN®MIR OP UNR S®S ANDTYPEl L IN HB1583E ARWS, AECH61NA1L BH IJAQD3Dro R/AS SP~PBR SBC110N n.zl.o]o.D.l. ~~ `-~~ EfdLibit E-10 /9a ,. _ _.~_.. .: r:~i CHAPTER 17.24 HILLSIDE DEYELOPI$N1 REGULATIONS Section 17.24.010 Purpose and Intent ?~e<e eulati a.^.s _.~ intended tc further iiapl e~n@rit and define the goals ana objectives of the General Pi an, to minimize adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land, as expressed through the following purposes: A. Provide syeaiiis guidelines and standards for development in hillside areas to minimize the adverse impacts of gradl ng and to promote the goals and objectives of the City of Rancho Cucamonga's General Plan Open Space, Conservation, and Design Elements; and, ?. Main*_ain an environmental equilibrium consistent with existing vegetation, wildlife, soils, geology, slopes, and drainage patterns, and to preserve natural toooaraohv and scenic character, tnrtndtn~ <.,,,t,~ _ , , _, creeks, knolls, rock outcrops, and ridgelines whenever feasible; and, C. Preserve and maintain existing wildlife through the retention of significant natural habitat; and, D. Encourage water conservation and aquifer recharge; and E, Avoid development that would result in fire, flood, slide, erosion, pollution, or other safety hazards; and, F. Limit the extent of grading alterations and encourage sensitive development in the Hillside areas through f}exible design and Innovative arrangement of buiiding sties by utilizing increased lot sizes, clustering, -1- ~,~-~9 ~9~ ~raf+ ,z/aia9 and setback variations; and, __ ~' ~~~ G. Avoid residential densities which exceed the capacity of the land and level of services which can reasonably be provided and that generate traffic requiring extensive grading to provide adequate street access; and, 4. Encourage developments which use desirable, existing features of irnd such as natural vegeta tlon, viewsheds, geologic and archaeological features; and I. Protect natural areas for ecologic, educational, and other scientific study purposes; and J. Preserve and/or introduce plant material to protect slopes from soil erosion and slippage, preserve natural watershed, minimize fire hazard and minimize the scarring and deformation of the natural landscape; and, K. Limit the impact of slopes on adjacent developed or undeveloped properties. GI•~7M 17 '!a mn Dw1~. Ow ~~~~ All protects within a hillside area (8 percent slope or greater), including, but trot li~ited to custd~ hd~e develdp~ent, parcel maps, and tentative tracts, as well as General Plan and Development District Aalend•ents, shall be subtect to Grading Committee review with approval by City staff, the Ctty Planner, or Planning Caamission. A. City Planner Review - The City Planner shall review all site development applications, and shall Tmpose conditions deemed appropriate when anB nr mnra of tha fniinuing a_tiYitie$ .,e ^yrOposed: -Q. ~, ~-- 3d /9 ~ 1) Matural slopes which are eight percent (8%) or greater but less than fifteen percent (15%) on all or part of a subject site, or on less steep land which may be affected by areas of greater slope fe.g., flat parcel between or adjacent to steep hillside). 2) For fills or excavations equal to or exceeding 3 feet, but less t .;n 5 feet in vertical depth, at their deepest point measured from the natural ground surface. 3) For excavations or fills, or any combination thereof, equal to or exceeding 100 cubic yards, but less than 1506 cubic yards. B. Planning Commission Review - The Planning Commission shall review site development applications and impose conditions deemed appropriate when one or more of the following activities are proposed: 1) Natural slopes equal to or greater than 15 percent on all or part of a subject site. 2) For fills or excavations equal to or exceeding 5 feet in rci ~iCwi ~ry i.ii aL i.i,eit ueryLDL yu lnt meaSU red Trem We nawral ground surface. 3) for excavations or fills or any combination thereof, equal to or exceeding 1500 cubic yards. 4) My-~.xcavatlon or fill which will encroach onto or alter a natural drainage channel or watercourse. (Should be prohibited unless alternate drainage is provided;) 5) idy 'ether prvpdiai referred to Lh! planning Lamm/aa10n by the Gradfng Committee or City Planner. -~~ ~- 3 I 1~i3 C. Exceptions - Projects which are limited in scope (e. g., regrading of yard areas, .pool/spa constriction, additions to existing structures and/or construction of accessory structures which are less than 250 square feet) and en slopes }ess than 2GS# axly be deferred to regwire en}y sta'f level review and approval by the City Planner. However, projects which require grading of large fiat areas, including but not limited to sucfi tteaa as sws as tennis courts or riding rings ets.s ie pt}}s#Ae areas shall be reviewed by the City Planner, or may be referred to the Planning Commission if detenlned necessary by the City Planner. D. I` arbigui ty arises concerning interpretation of the provisions contained in sections 17.24.010 Lhrough 17.24.090, it this 5?ti#enr ii shall be reviewed by the City Planner to determine compliance with the provisions contained within the section or he may refer it to the Planning Commission for consideration. Section 17.24.030 Application Filing Requirements A. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, Federally recognized Ll~~ l{~~~ ,u emm, rur:ic ouu ropprngs, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. B. A conceptual gradlrig plan, which shall include the following items in addition to those required as part of the Submittal Requirement Checklist: 11 A legend with appropriate symbols which should include, but not be limited to the fallowing items: top of wail, top of curb, high point, tow potnt, elevation of significant trees, spot elevations, pad and finished floor elevations, end change in direction of drainage. 2) A separate map with proposed fill areas colored in green and cut areas in red, with areas where cut and fill exceed depths estaDllshed in the hillside development guidelines and standards clearly shown. /~'y Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. 3) Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed tine with every fifth contour darker, and proposed contours shall be depict~^ as above except with a solid light line, Contours shall be shown ac cordrng to the following schedule: Natural Slope Maximum Interval Feet 2% or less to 19.9% 2 20% + 5 C. A conceptual drainage and flood control facilities map describing planned drainage impravealents. D. A Slope Malysis Map for the purpose of determining the amount and location of land as it exl5ts to its natural state falling Into each scope category as specified Oelow asiad fa saat}sA F}i.Df.}WT N.~1•, For the slope map, the applicant shall use a base topographical map of the sub,lect site, f'~; i... ... ~.. i'~,~.v u~ ., ~cy~i Y<~iV YIIII CIIIJ IIICCI VI IIl.C11>CY ICIIU su r,eyur which shall have a scale of not less than one (1) loch to 100 and a contour interval of not more than two (2) Peet provided 4hat the contour Interval may be five (S) feet when the slope 1s more than 20i, This base topographical map shall include all ayolning properties within 150 feet of the site boundaries. Delineate slope bands in the range of zero (0) up to five (5) percent, five (5) up t~ten {10) percent, ten (10) up to fifteen (15) percent, fifteen (15) up to twenty (20) percent, twenty (20) up to twenty-five (25) percent, twenty-five (25) up to thirty (30) percent, and thirty (30) percent or greater. sha}} Includer ar 6a aasam~aalad by a tabulation of the land area in Warn ei nna ra+.nn..,. . ...~s,.J ~ ... -__.. -.-r. .-.y„y ipc,.~~~w ail at r'v i. ~~ ~ - 33 ~ ~~ _. __..~, .,.: ~:zr...,~., ..:a~.r The exact method for computing the percent slope and area by percent slope category should be sufficiently described and presented so that a review can 6e readily made. Also, a bevy, solid tine indicating Ue eight (8) percent grade differential shall be clearly marked on the plan, and an additional copy of the nap shall be submitted with the slope percentage categories depicted 1n contrasting coi ors. E. Provide a sufficient iaaber of slope profiles to clearly illustrate the extent of the proposM grading. A sini~an of three (3) slope profiles shall be included adth the slope analysis. The slope profiles shall: 1) & draws at the sane scale and indexed or keyed to the slope analysis inp, grading plan, and protect site op. 2) 511orr existing and proposed topography, strocWres, and infrastrocWres. ProposM topography, structures, and lnfnstrvctures shall be dram rith a solid, heavy line. Existing topography and fNWres shall be dram rith a thin or dashed line. 3) The slope profile sMll extend far enagA, at least one ....:w.w r,~ iiiw iwi, ir'v/ ii~e yrvjeui 51K uoundary rA Clearly SIIOY lepacL on ayacent property. 4) The profiles shall De dram along those locations of the protect site there; vrWosed, and al ~e greatest alteration of existing topography is b) The Host intense or bulky derelopabnt is proposed, c) The site is most Wstble frog surrounding land uses; d) At all site baaldarles 111ustrating arafaw and adntnl~ //p conditions. 5) At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other sl ape profile shall be roughly at a forty-fire dogree angle to the other slope profll es and existing contour lines. F. Both the slope analysis and slope profiles shall be stayed and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data uxd in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent rtth provisions contained in Sections 17.24.030 D and E. 6. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Addittona'. environmental studies and investtgattons, such as, but not limited to hydrologic, seismic, access/circulation, and biota research may also De required in order to help in the determination of the buildable area of a ~~. H. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open space. I. In the event that no grading is proposed, 1.e., custaa lot subdivision, a statement to that effect shall be filed with a plan rllich sods possible futuro house plotting, lot grading, ihai Aa34naain tha 6weda-y ai an aAegvaiaiy a{aeA W{3A{n~ pad, driveway design, and septic system location far each parcel proposed, to be prepared on a topographic nap drawn at the same scale as the conceptual grading plan. as Aeaar{NA {a Scotian 3i.24.G70 g ae.:~. J. Mfan unit development is proposed, illustrative building elevations, that show all sides of the propmed strucWre(s) aM rhich auurately deplci the 6uilding envelope for each lot, shall be provldad. ~; ~- 3s /y~~ K. The following items may be required if determined necessary by the Grading Committee, City Planner, or Planning Commission to aid in the analysis of the proposed project, to illustrate existing or proposed conditions or both: 1) A topographic model; 2) A line of sight or view analysis; 3) Photographic renderings; 4) Any other illustrative technique determined necessary to aid in review of a protect. L. Exceptions to the filing requirements for projects identified in Sections 17.24.030A 8 C sMll be deter~lned by the City Plarrier, or mqy be referred to the Planning Cor~ission if determined necessary by the City Plarmer. Section 17.24.040 Oeflnlttons BALANCE - The cutting and filling of a site which does not require the export or import of earth material. BORRON - Earth material acquired from an off-site location far the use in grading on a site. CONTOUR - A line drawn on a plan which connects all points of equal elevation. CONTWR GRADING - A gradln9 concept designed to rewlt 1n earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading does not necessarily min lmize the amount of cut and fill occurring. CUT - The mechanical removal of earth material. ~r vCC - ~ ~° D CUT AND FILL - The excavating of earth material in one place and depositing of it as fill in an ad,{acent place. DAYLIGHT LINE -The line beMeen grading fiM shed grade and natural terrain drawn 6y connecting the points where proposed contours meet exi sling contours. EFFECTIVE DULK -The effective visual bulk of a structure Then seen frem a distance or fran belay. Elf~etiv~ bulk whM NM Man slu ELEVATION -Height or distance above sea ievel. EROSION - The process by which the soil and rock components of the earth's crust are romsWay and removed from one Dl ace to another by natural forces such as M nd and rater. D(PORT • Excess earth material that 1s removed from a grading pro,Iect _.^.d ^epostted off cite. FILL - A deposit of earth material pt aced by artificial means. ~,~-3~ 99~ FINISH GRADE - The final eleratian of tfie ground wrface after developawstt, Mach is in confor>.ance with the approved plan. grade of the site which cenierms to Ehe appreveA plan. GRADING - To bring an ewi sting surface to a designed form by excavating, filling, or smoothing operations. HILLSIDE -Refers to a parcel of land or definable portion thereof with average rise or fall of eight (8%) percent or greater. KNOLL - A small round hill or mound. MASS GRADING -the movement of large quantities of earth over loge areas. Disruption of the ma,~orlty of the on-site wrface terrain is comaon and often rewlts 1n a suttessive pad/terrace canfigmrotion. Nbdiflcation or ellmirmtlan of natural landfons ey rcwlt. pnwas of paNieg aA{ar terracing an enii•re pi•aae ei lanA. MINIMAL GRADING - A grading concept designed to minimize excavation and filling. Allows the movement of earth for protects wch as Individual uui iu my rwnua Ei ons, driveways, i«ai roans ana un my excavation. The concept is ass«tated with roads conforming closely to natural contours and with structures being built on natural terrain. NANRAL SLOPE - A slope which 1s not men-made. A natural slope may retain natural vegetation during adJacent grading operations or tt mqy be partially or completely-removed and replanted. PAD - A level area created by grading to accoamadate development. -10- ~~ ~-38' X00 r' PROMINENT RIDGE - A ridge or hill location which is visible north of Wilson/24th street from a ma,lor arterial secondary or collector street which forms part of the skyline or is seen as a distinct edge against a backdrop of land at least three hundred (300) feet hors zon tally behind it, or is so designated by the City Planner or Planning Commission based upon a review of the site. baCloarop C»doykal Intun pp~y,~~r ~~ `\ ,~ ~~ \ l ~\ . AI"O.~'~°y':`~Nw N.I. « `` ~~~ 4na when +. aoa a "'"'°q' °' - ~~ 'o.lww n .. vlsw~A Irvin ~ m.p, ^^~r or eebotor .w«c /? ~~ Aawyl laN m.p,f .~oaa o~eaot RIDGE -Along, narrow, conspicuous elevation of land. Si,AR - A visible cut 1n a hillsid! or ridge with a slope greater than 1-1/2: 1 in which all top toll has been retoved and vegetation will be unable to establish Itself after a significant period of title (5 years). 11- ~~ ~ - 3 ~o~ SLOPE - an Tncitned ground surface, the incllnatTon of which is expressed as a ratio of (rertttat distance (rise)), (horizontal distance (run)), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. EXAMP' = A e30 ., _aia_ _ .__~_ `` _ _ __!20 _ ~ ~~• T -tee vr1kN chatgr _~ ao a, ei«.tw,., ~N..T -ew - 620 MoAZOntM dhtane~ t»twwn eantow (nn) ffi.OP! a ~)( 100 ~~ ~x 100 OR 30% !LO/E ~~ i 100 -~ EXAMPLE B z _...~:. 1~~;:. .., _., ., .,cci ... ~Y ComOkrinp '!' anA 'C• I~ not a p~rmlttM caleWatfon SLOPE FORMl1LA Av~r~ Crou Sbp~ - Sbpa 'A' 5'1100' _ .OS = 5% • Slop~'E' 30'!20' = 7.50 = 1S0X • Sbp~ •C 6'130' _ .2 = 20% SLOPE, MAN-MADE - A manufactured stops consisting wholly or partially of either cut or filled material. SLODE TRANSITION - The a~.'ea where a slope bank meets the natural terrain or a level graded area either vertically or horizontally. Section 17.26.060 Nltislde Dlsl~natlon Th! follo!rlrg shnll s_-.-e es r:l standards for tpe five eata611sr'ra6 si aeP zones to ensure that develapsstnt srlll coiglieent tha overall characpr of the landfors. In order to penlt tM extanstan of a loglul destge coecgt, the standards for oee none aRy be applied to 11a~ited portions of the aq~acent zone. Y~ ~ ~ ~L -13- ~ d3 Slope Zone 8 Natural Slope `Standards _.~. ~ ~ ~ ~ " ~~ "__, .. _ . 1 5 or less This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable. Z S to i.ri Geveiopment with grading is permitted in this zone but existing landfonns must retain their natural character. Padded building sites are permitted, however, techniques such as contour grading, combined slopes, limited cut and fill, and split level architectural prototypes, or padding for the structures Doty, m4Y be required to reduce grading. Consideration of alternative conventional grading techniques aay be allowed for a nTIwM dlMw w wmefr wlww J,1~A tecludes special desl9n features, sacA as a golf coarse, extensive open space, or signlftunt use of green belts or paseos, as exaap11f1ad in the folloying cluster davelaparlet. ~) L- T ~~-may F.~~ ;: ~, a'~; ~a o e ----1 ~ R ~' ~ ~ ~ ~ Orr ~ ~ ~; I ~ ~!~ . i ,~ ,, n,'~ ~ ~e '~° 9 `, ° _.-~ ~ , a -~ J f1 aC! ~ 1 3 8 to 14.9 Th1s is a hillside condition, Spxial hillside architectural and design techniques that a~iablze greding are required in this zone. Architectural prototypes are expected to canforw to the natural landforni by using techniques such as sp11t level foundations of greater than iii irw~iue~ ahem ua55~~ aLa~kin,. __ ,~a and clustering. ~j ~ - ~J~ "'S " dos ~... - Use of alterretive canrentlonal grading techniques aay be considered for limited portions of a protect within a rster plan vhich includes special design features, wch as a golf course, extensive open space or significant use of green belts or paseos. 4 15 to 29.9 Development within this zone is limited to na more than the less visually prominent slopes, and then only where it can be shown that safety, envlronmenta7 and aesthetic impacts can be minimized. Use of larger lots, variable setbacks and variable building structural techniques such as stepped, or pole foundations are expected. Scrvcwres snarl olenO with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours, or using grade ~. separations. 5 30 and over This 1s an excessive slope condition and development is prohibited. ~, ~ --~`{ _,~ _ 20 6 Exaa~les e€ graA#ng #w var#eus sleye saieger#esr _ i Section 17.24.060 6u1de1 toes _. .: _ _ _. _ .. _ -,.- ~!-~ ~~, ; .-Y These Hillside Development Guidelines are intended to facilitate the appropriate development of hillside areas. s#gr###sani pi}ls#Aes as soil#ned #a SeeE .rR }7,86,1epH. These gut delirtes are not intended to be strict standards, but rather, to provide direction to encourage development which is sensitive to the unique characteristics common to hillside properties. Their purpose is not to restrict an individual from proposing an innovative or alternative method of design in a hillside area; innovation is, in fact, encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in Lhe goals and objectives of the General Plan. A_ Site Design 1. Design of building sites should be sensitive to the natural terrain. Structures should De located in such a way as to minimize necessary grading and to preserve natural features such as praminervt knolls or riuyei roes. THIS -/- ' ~ j /~_'~ ,~~ I ,., '- , ,' ~,, \ ~\ \ ~~ ~ , ~~ ~ ~~ ,~ '~ ~~; qC -,,-~-~ NOT THIS r .',' ; ~..-,~ ,^.~!_Ci: ;i^N .°Ur^a=•1S.S ONLY This A"'" :,"g"Y °' - _~ ~~ Not this ~ \\~ ~, ~-~~ -~a- ao g ~-S C,VLY 2. Preserve views of significant viwal features as seen froe both rlthin and outside a A711side developwent. The following provisions should be taken into consideration: a) 11o~s should M orientsd to alloy vier opportunities, although such viers aqy be liei ted. Aesidentlal pri vary shouid not be unreasciably sacrificed. THIS SitMg iM 6owiwMa arv chanekg tl miry wi aaow bDtN vNwa Iw t ~ ~~ NOT THIS Sltkrq tM nDw ~W rph/ near 1M plafllp ewDeeq wYl Destruct nr»t o tM view for Uta YOlllr MYN b1 Any slyllifiullt ptelic vista or rltar rnrrldtir as seen free + secondary, collector or for arterial idleeld De protactad. ~/~ ~~~ -~~- aa9 .. _ _~.. _.. .,.. _.~_~ V.~L,i 3. Projects should incorporate clustering, variable setbacks, multiple orientations and other site planning tethni goes to preserve open spaces, protect natural features and offer views to residents. Roof flnaa foaow natural alopaa ~PromYwMt knW l*atara _ ~1 ~~ \ Road CNarr rldya rr11M~ NYlM -~, ~ - ~~ -ao-alp 4. Sa p3}}s30e areas It+enever possible, as based on the overall parcel configuration and orientation, homes should be designed to front onto eastlwest streets or should 6e plotted to follow the natural contours rather than fronting ontd northlsouth streets. woarN ~, ~ --~ 9 -a>,- ill E~at,YYaat $IrNt OriMt-tfon ~Ma^Mlfna Nor1M South Cota anA gay Aoe~a~ 5. Where possible, graded areas should bi manufactured slopes Located on_the uphill side of structures, the 57 ope behind the struct_~re. Large marwMacturaA sWpa algt/d M loeatad oh tM uphlf• aide of tha shuctwa to raduea tM appaxarwa of gradYp horn tM strast ~. ~y SMNt TENS ~~ designed with therehy, hiding ` t_~ i ihaN NOT TENS '~l ~-~ -aa- ~l~ 6. Clustering of development through Transfer of Uvelling Unit Aliocati ons shouid be encouraged in environmentally sensitive area. in order to reduce the potential for fire hazard and spread, erosion and excess runoff and to preserve existing natural features and open space. B. ON veways and RoadrQys 1. Driveways which serve more than one parcel are encouraged as a method of reducing unnecessary grading, paving, and site disturbance. /;!~ -a3- ~~_3 ~~~`~ ~fil 2. Roadtnys should cmforta to the nawral landfona. Thb should not greatly alter the physical and viwal character of a hillside by creating large notches in ridgellnes or by defining Mde straight aligr~ents. Reduced road sections, split sections and parking bays should 6e crosidered in the lay-out of hillside streets to reduce grading. Ronda ane n/aIM Aadtng ~~ ~~~ -. .^- i ^\ ~_ ~ - / - ~ ~ ~~ l_ / // ~ ~ ~_ ti 1 \\ / % ~` \ ~ ~ Araw rurnMw eomtaM /' ~ ~ ~ (li (~_ _ ,.; ~ .. ~ 1 `~=== ~ ~ , ~, ~. %, __ / ~ ~ ! _ .~ - ~ ~ / r-.-i / To gat Iron A to 8 rouN aelaotbn wouM M somewMra MIwaM dl W / f ~ ~ ~ -~ pNpen o ar and paraaNl to fM eontar ~ a / RaOuaa *~q bl' / ~ ~~ fOa~ alOlp ~ ~ rutvsi ¢adaa ~1 ~-J _ay ~`~ IW Parkeg, Stabiizo arM ralorost dt,slfDad Dark;:-typ;ea~ +, ~~ „~ ~ -_ ~ . .. -SaParste sidewalk ~--- Staap Wppea Spit sactlorl RO~"aY I Parking Day III ~C"`-' ,,~ ~ _- Parking bay Swap ~~ i ~ ~~C ^Fl.rw -~ 3 - a s - ~- r~.1 J ~T Thss (Vot $hi~ Unat urai edge contliton Cut slope into naisme. Round oft cur slopes .~ Ramow small knobs on roadway tuts \ to cnnbrm io the ~ ~ naiwal grads Roadway 7Yiara \`~ L____~ i Fiotmd oll _„~:--T cut slopes ~'=` °"~`^v 'a~~µr' .~ nccomodete grade change Ro&0way \ 1i~ 1Ratiwal gWe Rortgay I~ ~~ VI~ L _.~. ______~..1 Knob romaining ~~ , Irom !oadway cut. T~ ~\~f' i Roadway Ton steep for Dlants ro %/ Dacome estabMshed 1 Maea gradkrq ro sccornodata ana level arterlN highway Natwal 9r adm ~~, Roadway \ y G._S ~! ab- ~~~ Hound o}} cui slope to conform to the nalur al contour of the hi4 ', 3. Ifiere road construction is permitted in hillside areas, the extent of vegetation and visual disruption should be minimized by the combined use of retai nl ng structures and regrading to approximate the natural slope. The view along a street front should create a pleasant appearance with a sense of open space and landscaping. Sane techniques which can be used include the following: a. Utilize landform planting to order to create a natural appearance and provide a sense of privacy. b. Reduce the impact cf grading and resulting retaining walls by creating visual interest with the cc~lned use of terraced or crib walls, landscaping and by varying U+e texture and pattern of sidewalks and wall alaterial s. TENS PIanIN1g pa:NNa on atappad ratainlmj wa1 aaow urawn _ -, r~'ti planting at saraN lavala ~.F, ~'~ % / ~ ~ ~, ~^ "' _ i ~ i kr.5 N^" `~~ ~ ` No Ntactlva Mdh. ~,. ,. ~ ., l... _ ~ NOT TENS f+o fu.nnuny o«wl. dw. to to. of rwtaa~Yq wr r"il EffaeUva au«. ~°Y"° ... tarp ootprata IataMlYq wd wfaoaa aan ba aaan for ndaa aM talc yaw to eonaaal ~j ~ Irltll rhntllq and Ma ~/" SS -a~- ~/7 t. Nhere ad,facent to a steep hillside, minimal grading for the road and right-of-way, with a transition to a natural landscape can be utilized to provide an open and more rural appearance. ~i ~ ^~ -a8- ~/~ r d. A split roadway increases the amount and appearance of landscaping and the median can be used to handle drainage, ~ r ' _.~ ' 2~ 3 E' y yes eti„i A ~~. i '; . a ' ' ~ }8'.3 ~~ ~ O J ~~ M1 d+%,T.~G ~~ j~ .~ ~ . 1 1~ cG., . _~' ~a ~gj. 3~{~~ ~ ~ ' ` I ~t ~ ' ~.i ~y W: ~ PJ 1 ..d r`.' _'i,Ct ..L ., r ~F~ '~ i 't . ~ ~~ t r ~ III '~ I~~ ~ :r ~ ~ ~ ___' _- r ~., __ ~' v~ ;~` '..~~' ~ ~Ni '. I, ~ ~t~1 ~.1~ •, . / `~ ~~' V 1.. . a/l~ c. Architecture i~ , ~~~ r "1~~~~f .~ 1. The fow, mass and profile of the individual buildings and architectural features should be designed to blend with the natural terrain and preserve the character and profile of the natural slope. Same techniques which may be considered Include: a) Split pads, stepped footings, and grade separations to permit structure to step up the natural slope. ~~ ~ -"~ / -a9- ~/9 -> V ~ ~ . T-1 / i ~ i St.pp+A slaE foundation SUinp~r ~~ ~- - 30 - ~~~ ro-2 DiSCUoSIUN Puiz~~ats ~.r~r b) ~etachi rg parts of a dwelling such as a garage. c) Avoid the use of gable ends on downhill elevations. The roof slope should De oriented in the same direction as the natural slope. hew Bpe€iles ep €lat pee€lines epien6e9 rn tqe saxle dipeetien as Eqe ~t ......... ... ~. v°j.~: This ~~ ~~ Not this ~;~,.o pool slope appraeimatee that of hWalde an0 IoMowa its dkectbn BuMding hugs ground form Detta. A,rold large gabN coda on downltM elwatbna. ,~ Angular Igma which slope in oppoelte direction to abpe of hM destroy rsletlont of hiMsgN ertd lniNirg and Inernae ellectiw buN. .YL `~!' 1 -a- - dal ,~° This ~---_ - Height limit __~ ~ f ~l N®t this Largo roof sections to paraKal the average slope \ \~ 9Wldhg envabpe \1 Maa. to he enloreed \heght limit) \ 1 \ Sottaniy of Argo vertbal suMacea ageage sbpa -aa- i ~i ~~ -~~ ~- ~ DRAB d. Avoid large roof overhangs and cantilevers on downhill elevations to reduce the massive appearance from below. This Tarracwg reduces bulk r~'~ i ~ e El/aollr• b~ ~~~+~' .~~ Elfettlye WW-~~I, Smeper oyerhanpe 1« krd{yyuy fb«a « wkrdowa hey DreaR-up mae• and prolecte apaifel eceeelve aurpigllt Not this appear taper, mora~~~~ morwmenfal ~-- Addltkmal Dulk dw 'P~ r F fo canlpear ~ 'I Nay, Eldetlva Dupe i-I~ AddltbnN Mic dw to eacesalw root ov.rbang -'I Ellecllve Mrlk ~ ~ r ~ 1 ~-~~ '33 - ~~ 3 .... .. ._O `. 2. The design of the structure shall give consideration Lp the lot's size and configuration in order to avoid the appearance of overbuilding or crowding and to ~iniatize the blocking of views. For exat>ple, within a kieve)opttw.vlt, the taajority of the units should not he designed with ^i ni au~ setback to wi nittw setback. 3. Avoid large expanses of z single ma teri ai on wall z, roofs or pav g areas. Create interesting, small scale patterns by breaking-up ouildtng mass, varying building materials and through design ar.d placement of windows and doors. THIS large roof areas erolun up i `_0 ® _- ~~ ~_ Wtural matarWs, wood and windows in amaN increments Cnab Maraaltng smaN aeaM psttams and all add a soots of soaN 0roaa up massing of structural afamants to mono cbaNy apprwknata 1M natval sloVa. Stona loundatlona and rataYllny wNs rMau wraM to tM ground NOT THIS Maaa7w root aria is wry viaioN in contrast to 1M natural alopa largo faeaN of om malarial matarNl, awn it ntodulatad aY wMdows, saama p1aN {. Bu11d1ne paper dais y,..,,, CCi'vr iv heGea sne,iri cult n5 e,^,d with the natural landscape. Treated wood ar material of a wood-tike appearance, having the necessary fire retardant characterlsttcs are encouraged for exterior surfaces. Where exterior stucco Ts used, tt should have a final coat of integrated color in a muted earth tone. Contrasting color accents should be kept to a mintmw, particularly an the view side. Use of other natural materials such as river rock is encouraged. ~~y `~ a-' ~~a ~' 4. AveiA large gaple enAs en Aewnpill elevataens, Fps reef slope spell fellow tpe slaps 9E tpe natyra} graAe, D. Malls and Fences 1. Wails and fences can 6e used to define a sense of place and C red Le d0 dLLrdf LlvP annoy range 1ln~uovn.. Y$.'.11$ should -~~ wn~rid t2 a view and their height should 6e limited ad,lacent to a street or trail or within a rear yard. Terracing and extensive landscaping can reduce the effective hulk. In addition, street front walls should incorporate varying design, and natural materials. anA The use of open view fencing is encouraged so long as adequate public safety and residential privacy is rintained. ~i " ~-~ i`~1 _ ~_ ., ~5 ~~,~'~{ f' 1 _ - - -. ~ ! 1 ~/ `~~~ 35 - C 7'~ '~`, tip '+ hip,' `d r~ ~~ This w.mmq n,tor.y /ollows av..,y. swp. OpM1rnN nwu M~ekg tMt Uhrrl~ nto naturN uwYonn~nt No! Scr~.dnq r.quln0 ~~ hamMM~ w~ ~CYA' ~rNi. rN~Wnp wNl aNr 3.S' (nol Yowd) per tNl ~a>•va11er1 / YOr~_ Y~ IVM_~Y wr~Y~ rM d~•no ~, ~ -~ ~ - 3 ~ - ~-~ b - E. Landscaping 1. Na turai landfo nn planting should be used to soften manufactured slopes, reduce impact of development on steep slopes or ri dgel roes, and provide erosion control. THIS g~~?~~,~r'' Landform planting ~no ;' kr.y~w viwd PAM h cros4Nt~ /~ --~ ////// ~ °s4 ~~n NOT THIS Conventional planting Ynydar v1auW plain h erou-Netlon -1 r- -3,- aa~ s~ ~~~-~ 2. Maintain a "vegetative backdrop" by replanting with native trees. ?he vegetation should spar screen structures to the extent passible at ~natu~`ty and preserve the appearance of the natural skyline. Skyline Planting ,_ _ Sky1M i ~ f Fl~.~ ` _ - _ ~~ /^ rypk,i weew,s ~w:r.m9 3. [n order to elnl~alze tfie grading of large flat areas and era:ourege rater conservation techniques, large ei~anses of for groering grass 1n the front aM' side yards adjacent to a street 1s discouraged. Generally, no acre than Sfls of the required front and side yard shoul4 De planted rich a wrf or grass. F. 6rad1 n~ 1. Contour grading tecinlques should be used to provide a vartety of both slope percentage and slope dlrxtim 1n a three (31 dinenstanal undulating pattern si~ilar to existing, aq'acert terrain. The follarirg caecepts should be ut111zN: ~~ ~-~ -38- ~~~0 a. Hard edges left by cut and fill operations should be given a rounded appearance that cl osaly resembles the natural contours of the 1 and. THIS Small irregular Derm i' accen:uato tDa top 11 \\\\ of Ma slope Variety in ~~ Landscaping slope Dank ~ ~ ~ accentuaU+ grading craat~ ~ contour undulation a natural Q appaannu mote rs+emONng nature ~ .S' Drainage~~ ~ I \ ` U+• of radN and wtawn sbpea Enak D^ and iaatwea wry Use of artgtaa and uMlorm slopes b. Irnufactured slopes ad)acmt to rwdtrays should be t+odulated by sufficient ber~ittg, regrading, and lardxaptng to create visually interesting and pleasing streetxspK. THIS NOT THIS vrNty M D.~t ~t::..a:w ~ I~ readaCapa NOT THIS -.s9 - ~~ c- Where cut or fill conditions are created, slopes should be varie~' rather than left at a constant angle which may ne rreyre: 3l idle iU rdl, -'%+t.1 ~`.ic ur rigid, "engineered" appearance. WryYp eut er fW alop~ cnNq • more nratwal t,pp~upM~ I~ ~, ~ -~ ~ d. The angle o° any graded slope should be gradually adjusted to the angle of the natural terrain. Ezlstino Dewloemem _ Prop :.~ 0.:alopment ~~ ~_Txt Eoundary i -~~. 3J c / ~ Variable Natwal grade ~ ~~ ~~ Proposed slope extension ExistNtg drainage device ~ \~ TMs Natwsl grade \ ~ \ Not tMs ~ -- Comea» 1lopes to more cpsely , approaima» natwai grant. Proposed Development ~Existlnq pevelopmeat I / beet aa.a.ry Proposed elope eatsxtelon --~ ~ ` ~~ Natwr grade ~ CotMMtittg flopee provide a vrMp ~'~ Detwlt lw peWSlrlatM and equeeulan traMS. a e vlst/r Onak M Ne landlam. 1Ms ~_s.t0! ~ CS~,:^y: .:mice later grads '~ EsNtYq nnrwlaatved ~^ ~, apps '~~ ~- ~ 9 - ~, ~ - ~:', ~3 l e• Where pad and terracing grading techniques are used the pad configuration should 6e softened with variable, undulating slopes created to give a more pleasing and natural appearance. THIS IOC 4r >14pv // j' ~ ~ ',"//~~ r;' Wriabl~ slope bank /.' i ' ,~ . i~i' logow~ contow of IarM llndulatkeg slopss swroundkp irr~giWr pad contlgw~tlon~ sknulatarr tM n~twN h111~IM mvironmrrnt NOT THIS Too of slow Standard >ubdivl~ion raotangular Did Spwt Slrelgltt unifenn sloy~~ Md pfd oonllgorratloM produe~ rrn wnutwN knd Im~witly~ Mvkonrwnt on hiMoldo~ Jam, ~---70 -tia- ~~- :~ J 2. Retain rolls or other support sY Lures should be desiyned to mini~ize their vl wal i~act through techniques such as terracing, crib walls, and appraprlata landscaping. ~y rr., h-+ ~-jr ~ L .'A~-~ ~ u f~i~ v i Cribb wads afth planthg may be an altarnata posaWNlty 3. Ifiere retalntng structures are required for hillside roads, efforts should be made to integrate them with the foundation walls of the adjacent residence and natural materials should be used in conjunction. /~'r ~~ ~ ~ -43- X33 1, Where possible, drainage channels should be placed in less visible locations, and more importantly, should receive a naturalizing treatment including native rack, cclored concrete and landscaping, so that the structure appears as an integral part of the environment. In all cases, AC or concrete I near shall be used in additim to ., ~,r~~rel{z{.,,..reat,~ _ y a.. ,.. THIS varta.N Up of n~tlw rock: to nnw~Yz~ man-maM Mow ate11 NOT THS ~- 1yWeM Erow a0eh wIM A.C. a conM~t• tlmr W ~~ ~`- / ~^ _~~_ a-3y :.. :.. 2. MatLral drainage courses should be preserved and eManced to the *~xtent possible. Rather than filling they in, drainage features should be i:cr,~o:ate6 a an integral part of the prol ect design in order to enhance the Overall quality and aesthetics of a site, provide attractive open space vistas, and to preserve the natural charoMer of the area. t ~ t `7 .,~r~ .1~.~~,~ a .~'. '~ ~~ i ~ ti Jic. .Q ~~ ~zv E~~R.C'i0~e~'~'p'79 ~J~ ,i. .w.;~~ c,e?o -q~i. /°•y,~~•/4$~~ .~,..r 7 &~~~. °r~'s~ ~ '' oba~r-fir e ~ ~`~~: ~,J li ~i,a ~,'~ ~,w~~ 6e~,y~ ~i ~ ~~ -~5- X35 H. Trails -° - 1. Trails are an integral part of a hilisi de area and provide recreation areas for equestrian, hiY. ing, and bi ki rg uses. They can also function as a means to take up grade or *.o convey drainage. In hillside areas, it is not always necessary to provide full improvemenu for trai5s. A more natural experience may be achieved and the amount of grading required can be reduced by providing minimal improvements in appropriate areas, such as undevelopabl e, steep slopes. S-; -- r -_.. -_ _ ___._-.- i'i Irv. .. ,y ". ,~ '1.,j `^'a1 /~W.v~'/""J~ ~(,+ ~/~ f "~ J ~ yJV ~ y P J E~ ~ H J' ~ 'V~1~~~1r '~Cy w, ,~ . ~' .- '. r~ „ Nye , cy o ~ ~ ,,Y"'r"~ > r y,, 'ke ~,~ lr"~t~~~~l ~, ~-~ `F -'ib- ~3b Section 17.24.070 Oevelopttent Standards '~Ji thin the framework of previ aus tgese design guidelines the following standards have been prepared to give more specific direction. These are n~inimun standards and shall apply to any use, developaent or alteration of land as specified in Section 17.24.020, A. Site Design 1. The widGt of a building measured in the direction of the slope shall be minimized in order to limit the amount of cutting and filling and to better "fit" the house to the natural terrain. Hpere the natural grade e€ a bvilAing s€te is twenty F20} pe rsent er grea Seri Ehe Bu€ld€ng width e€ eaeh €}eer level shall net eneeed 36 €eet. THiS NOT THIS yo BugWng Pugt @tek From Stsapar Slopat 8 gavinet o} HieaiM (~ ~`,~ ~ '~~ • ~ 1. e BuNNny It PgaNtl with Contour tNnor Bugdlny Probutbr ueiw.w,.. m._.... KnoNt or .t hl~tglltidr ~ ~ "" -~~ -4,- ~,~~ BuNOMq It ParpatMkulN to Contour 2. in steeper terrain (20% slope and greater), front yard setbacks may be reduced to a minimum of 20 feet from back of cu rD or back of sidewalk, whichever is more restrictive, in order to minimize rear yard grading. B. Driv eway5 1. Driveway grades above 15 percent may be permitted up to a maximum of 20 percent, provided they are aligned with Lhe natural contours of the land, if determl ned necessary to achieve site design and if all safety considerations have been met to the satisfaction cf the Building and Fire Officials. Proper design considerations shall be employed, including such items as vertical carves and parking landings. In any case, parking landings shall be utilized on all drives over 10 percent grade. 2. Driveways shall not be permitted which exceed twenty (20I percent slope except that one length, not at the point of access, of not more than ten (10) feet mdy have a slope of twenty-two (22) percent. 3. On driveways with a slope of twenty (20) percent or yi cd Cci, a ~wi ac yc•iny uc ~m iui at yl Wit! IUr Lf'atl,l Ull IXYlL Ue IOCV ryVrUGeO into the constnlction. These driveways shall not exceed 100 feet in length from bottom of approach to structure. 4, Retaining walls, not to exceed 4 (far) feet in height, shall be permitted for soli stabilization adjacent to a driveway, althougA within the required str2lL front setback 1~lridwl retatetrg rolls sMll not exceed three (3) feet 1n height. OLheMse, terraced retaining calls shall be utilized which are separated by a adntaw of three (3) feet and appreprlate landscaping. ~~ ~ ~-~ S° - "~" ~3~ 6, Ad3asent to Ariveway sr stapes not greater th ar. fifty (60l percent (or 2:1) wt it be permitted. 6. Oriv mays shall enter public/private streets maintaining adequate line -of-sight. 7. Within the right-of-way, driveways shall not be located wiihin 5 :y feet of any property line. Exceptions may be considered based on lot size, percent slope, and use as a common (Jof nil drt veway. C. Roadways 1. Where retaining walls are proven to be absolutely necessary used ad,)acent to roadways or rithin street setbacks, they shall be limited to three (3) feet in height in order to avoid obstruction of motorist's and pedestrian's field of view and to create an aesthetically pleasing streetscape. Otherwise terraced or stepped structures retaining wai3s shall be utilized which are separated by a minimum of three (3) feet and appropriate ?andscapi ng. (graphic Nl6 j. ~ M15 (~~,~ ~~ r m.. r'-" ~m 1 ~ i ~ I ~7 maa ~~~ ~U!'n.,, i "'~" air t ~~ ~~ S L/) ~~ `. J~ 1 _~~_ ~~~ & Aeadways spa}} 6BR fe rA1 Ee Epe Ratera; }aRdfena, Reduced read sestiensr sp}ib sesiiens anA parsing pays seal} pe sensidereA iR tpe }ayeuE of pi}}side streets to reduce grading, p. ,rchi tectore 1, The building envelope for all structures shall be as follows a. Downhill lot - A faaxiaak~ height of 30 feet as aieawred frog finished grade at the front setback, extending ttwerds the rear of the lot. The rxinuw height at the side setbacks shall be 15 feet extending up tawrds the tenter of the lot at a 45 degree angle to a naut~a hefght of 30 feet as aieawred fraR finished grade. A naaxtnurA of 32 feet in he49kt at the front seipaek exieRd3ng up aed iewards fka roar of ipc lci si a 4i degree angle to a aaxikakfnk peigpt cf 2i feel as xkeasured fraa finiskeA grade. mw nlNf: FNVFI APF FAR OAWNMILL LOT klMdmum front aa/bax:k Downhill Ssction (leaf f~tbaot ~~ ~-~ a613 ~ 90 '~~ i ~ i ~1 kMfklnkkrn side satbaek Street Elevation -so- ~ ~d b. Uphill lot - A maximum height of IS feet at the front setback extending up and toward the rear of the lot at a 45 degree angle to a maximum height of 30 feet as measured from finished grade. A raxirur height at the side setLacks shall De 15 feet extending up toward the center of the lot at a 45 degree angle to a raxirr height of 30 feet as reasured fror finished grade. BUiL01NG ENVELOPE FOR UPHILL LOT ~4S' >~ is 1 70 ., is i ~., ~ s MMrirnwn aWe seteeek StrNt Elevation awnwrwun Iront setDeek UphiN Section c. Cross Slope Lots - A fttxirud height of 30 feet, as reawred frw finished grade, at the front setback extending torrd the rear of the lot. The ~xi~ height at the side utbacks shall be 15 feet extending n4 tarts the ranter of the lot at a 45 degree angle t9 a raxirur of 30 feet as ressured fret finished grade. Sir{{ar re~w{saarnte as fer ph#{{ and dewnM{{1 lets exae~i that ha{gpt ai front yard raty ie aarasa frentaga {ns{de the s{da yard seiiasks. ..Y 1 ~ -~ 5 -sl- ~~// BUILDING ENVELOPE FOR CROSS LOT SLOPE °c' -~as, '', .C '~ T~ ~ 30 6i i ta', ~' c ~` .% ~'~" A MMWnum a{da sataaek d. The above provisions are intended to apply to the wtn bulk and overall mass of the building. Arthiteciural enrichments and .~.~~r~..~. ,. .s ..,.... ~_. ._. ._.. _.._ ... .__. _-_ ~ -.- -.~~. ~~. ~:.Yw::J:.S ::ri,T u,e neiyiri limps for architectural fNtYRS py b! cdnsldered stfijea:t to the provisions cantairced in Section 17.04.0508.1.f. 2, Terrace the Duttdtng to follow the slope. Use roofs on lower levels for the deck open spaces of upper levels. Were decks are provided, they Beaks s~llll be a minimrw of six (61 feet in width to provide adequate usable area and to effectively break-up the mass. ~~ sa~ ~ y~ THIS Terraced decks do not increase building bulk NOT THIS a e Overhanging decks l~\ ~ mob buildkg _, ~ seem more massive Eftec tiw bulk with or without dr~4s -~'' CifeC[Iw Dnm ,~ /s/~ Building correctly fits ~ ~ prDfike b ~d41g ~ ~--~ into the ound and 9r minimizes ellect on stands out on tM - \ , halaida - hmaida ,~~ \~~-~ U» cool decks low IevN decks side Avoid dscks hanging from dorvM1M aide with ~~~ ~- \~ ~-~ \ --l , long polo supports ~ '~ of euadk~g decks ~~ 3, AveSd Laaga a~pagses eF a siry is matartai ar wa135r reefs 9p pdM{eg areas, 6reate Sniewsilnyr yea;; saaLa patterns by 4reakSny-vo 4uSLASna mass. varviaa hui Ld tea os..t.ln ..d .p.d... .__, . _ _. __ _ .,, ~_~.. _ ... err ...o p~wemcna v. MipdBMS dad deer5• 3. Provide architectural treatment to all sides of a structure, Elements of the architectural treatment used on the front facade shall be repeated on all stiles of a structure vlth additional emphasis on those elevations visible from adJacent properties or public rights-of-wqy. 4. Excavate underground or uLtlize below grade roams to reduce effective bulk and to provide energy efficient and environaa!ntally desirable cps-e`-~ u~Wr rie :f Sf `viE iPN of ~w ivii iwinn ebii ti ~,..~..~ w+.._• a caa>bined use of regndlfg and laftdscapiftg techniques. For esaaple, the use of earth ber>s around the loner part of the house Nniatlzes layer viwal e~anses of call areas and fufKtlans as a natural solar heathy and cooling insulator. J~t~~~ -53- 2y n :• 5. Exteri nr structural supports and undersides of floors and decks not enclosed by wa17s W11 may be approved only if it is proven that no alternative type of construction is feasible and that fire safety and aesthetic considerations have been adequately adtlressed. 6. Architectural design including building orientation and the place~!!t of d!rors (inrti~.f{ng garage dot+rsl and Wrtdiwc chail he Msianed to accoa~odate pneva111ng southwesterly Wnds, as well as the seasonal winds or Santa Mas, which generally co»e out of the northeast. 7. Residential developments shall be constructed in such a manner so as to reduce the potential for spread of 6ru sh fi res through 4y consideration of the following: and meiheAs of iansiwaii•an as Eailews+ a. to the case of a conflict where awro restrictive prorisians are conLlned 1n the Unifor7 Building cede or in the Fire Manageawstt Plan, they shall prevail. b. Roofs shall be covered with non-combustible materials such as clay or concrete shake, or tile, open ends snaln srww+e oe stopper; i„ order to prevent bird nests or other combustible matorfal lodging within the roof and to preclude entry of flames. w~pamston raqulrad ~11on-eomWUWM roofing matwW w Eneua unaNr•Axe area Q ' \ Y~ ~' ~ ~V v _ 51-1 . ~~y c. Exterior walls shall skew3d be surfaced with non- canbustib~e or fire resistive materials. Except as otherwise provided herein, exterior walls shall extend Lo the ground. d. Balconies, patio roofs, eaves and other similar overhangs shall be of non-combustible con strvction or shall be protected fire- resistar' material on the underside or constructed with heavy timber members and nominal Z" wood or 1-1/8 plywood decking. e, plastic webbing, split dr whole 6anboo, reed or straw like materials, corrugated plastic or fiberglass materials and similar flammable materials will not be permitted for use on patio covers. f. Vents for attics and underfloor areas mrst be designed and located to minimize the likelihood of spreading of fire. Individual vent openings should not exceed one sQu are foot and shall be covered with a mesh metal screen having openings not exceeding 1!4 inch to any direction. Eave vents shall be positioned on the enclosed eaves near the roof edge rather than in or near the exterior wall. arresters. y. e~~i6d~c~a aiiaii ue pruviueu wim approves Sparx B. Exterior lighting shalt be located and shielded so as to not impact the adjacent property owners in terms of glare and privacy. E. fences 1. Fences wilt 6e allowed immediately ad,~acent to structures, *.o provide a private outdoor area. These fences shall be designed as an n,~~.,~ ,.. ,.. ... ...,,.,-- '' -~ ~ -• "r-•- -~ •~•_ _,.,~.. ~,y .n arveP :es:pr so as io minimize the vi suai impact on surrounding areas. iha wse of waM rat::ayr wra~yht tree er ether a~ee tyke ai Fentie9 is eeewra~td. ~/ ~ - £r~ -SS- ~y5 2. Halls and fences shall integrate materials and colors used in the structure's facade. Naturally occurring materials, such as river rock, shah be used whenever possible. 3. Wails and fencing visi bie from the public right-of-way shall be designed to incorporate visual interest through variation in placaen~ use of planters, differing materials and swduiation of the wall p l ai,e. F. Landscaping 1. 6ardssapi ng shall vsf li to fL re retardant sBesies. Native or naturalized plants or other plant species that blend naturally with the landscape sball be utilized in all areas with regri red planting. are generallq favored. 2. !n fire sensitive areas, fire retardant plant raterials shall be util izN. 3. !n order to protect slopes fro soil erosion and slippage dlld to fafilitata ainM Hrat ewnrs~L.~ shall be installed an all planieA slopes wIM required planting. However, the emphasis shall 6e Love rd using plant ma tort ale that will eventually not need to 6e irrigated. water and energy conservation techniques shall be utilized including but not 1ladted to such iteas as saeM as drip irrigation and alluvial rock scape. 4. Landscaping shall be used to screen views of davnslope elevations. when the structure height exceeds 20 feet fran finished grade on a lNe downslope side, additional landscaping wTli be required and a to ~d$CaGiir7 a'ni i'w'w i6iti nn nian chaii nn en,.,.iss e,, sue. ...~.... u~ _ - -.. _.._.. __._...~,...... ~.., ~c..cw wow the submittal package. ~, ~ :~ ~l6 5. The use of water conservation techniques in €emaatiea 9esvments is encouraged. To further this end, each development shall provide an information pamphlet, apD roved by the City Planner to each prospective haaw! buyer, 6. Addi ti anal trees may be required to supplement the required street trees along major arter.als. secondary, or cell=car s±ree*~, ,., determined necessary by the City Planner or Planning Commission, in order to enhance the natural character of 4he area, and create a more rural appearance. .. Common open areas and front and side yards adfacent to a street, shall be adequately landscaped and irrigated. A minimum of 30< of the plant materials shall be large size (minimum 24" box size trees, 10 gallon size shrubs) in order to create a mature appearance. 8. slopes with required planting shall be planted with informal Clusters of trees and shrubs to soften and vary the slope plane. Where slopes are 2:1 and five feet or greater in height, ,lute netting sha?] 6e used to help stabilize planting and adnt~ize soil ereslan. 9. Native vegetation shall be retained and supplemented within canyons and along natural drainage courses. 10. The choice of plant auterials a~ planting techniques shall take into account prevailing southwesterly Mnds, as well as the seasonal winds or Santa Mas which generally tend to blow out of the northeast. G. Grad{n9 1. Grading shall be phased so that oromot. reve_;otarion ^, construction will control erosion. Where possible, only those areas which will be built on, resurfaced, or landscaped shall shau~d be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes. ~i ~ ~ ~ -57- c~ y? ,, 2. Grading operations shall be planned to avoid the rainy season, October 15 to Aprii I5. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Planner and Building Official without regard to time of year. 3. Ib excavation or other earth disturbance shall be persi tted on arty 7111 side area prior to the issuance of a grading perait with the exception of drill Doles and exploratory trenches for the collection of geologic and sail data. These trenches are to be properly backfilled and in addition, erosion treataent provided Mlere slopes exceed 2Qf. 4. To encourage maintenance of slopes for erasion control and aesthetics, property lines shall be located two (21 feet Deck from ai the top of slope. To encourage maintalnee of wpee Ip clown aanvel and aeatMlke property IMe ehM M located at tM tap of tM ebpe and reeegetatlon mull D! xlttaaea t/y IM MVNOpe1, Aa property aMS muH M T from top of dope, never N tM la. Y~ -se- ~ ~~ S. No point on any strv cture subject to the provi si oni of this Section shall be closer to a visually prominent ridgelf ne than one hundred and fifty (150) feet measured horizontally on a topographic map or Fifty (50) feet measured vertically on a cross section, whichever is more restrictive. 6. Lot padding is limited to the boundaries of the structure's foundation and a usable rear yard area (residential only) of 15 feet adjacent to any between the structp re a.^.d top or toe of slope. If it is physically unfeasible to design a reasonable usable yard area due to conflict with other grading standards, then other forms of usable open space should be considered such as: decks, patios, balconies, or other similar forms of built structures designed to fit the natural topography, 7. No finished slopes greater than fifty percent (50S or 2:1) may be created except beneath the enclosed envelope of a structure where the maximum created slope is limited w 67 percent (1-1/2;1) or less, 8. Slopes rlthTn City ~alntAined laMSCape easeaknts shall not exceed a ~axiaan, grade of thirty percent (33.sf or 3:1}, 9. Fill shell not exceed a Ao~rA ,.s c+,- (;) ;~rL at any point except where the Planning Commission determines that unusual topography, soil conditions, previous grading, or other unusual circumstances indicate that such yradfng would be reasonable and necessary. 10. Retaining walls are limited to: a. ~ upsiope (from the structure} not to exceed four (4) feet in height. Otherwise, terraced retaining stnzcWres walla shall be utilized which are separated by a minimum of three (3) feet and appropriate landscaping, ~/ C~ ~~ -Sq- ~y~ THIS ~~, ~+ 3' NOT THIS r` b. One downsl ope from the structure not to exceed three and one-half (3.1/2) feet in height. Mlere an additlaaal retained portion 1s necessary due to unuswl or extre~e conditions, (sutA as lot canfigurcttan, steep slope or road design) then the use of terraced retaining structures shall to canstdere6 on an indiridwl lot basis. Terraced rolls shall rtot exceed three (3) feet 1n Aelght and dull be separated by a rininm of three f31 fawt aM ann.w,.~a~. l...A-....a__ .. '. '-"' .-..---r ...~. .c. 7w.. iiy is ,Ni cU oe aSln a5 a typical ;olu¢ian within a development. c. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed three and one-half (3-1/2) feet Tn height may 6e used in a side yard where necessary (also see roadway). d. kalls which are an integral part of the structure may exceed eight (8) feet in height; however, their visual impact shall be iliVaFCd LIII'W Uf1 f1111Tllllr Ilna/1~nn anA l,-A~ . _l , il. ko Gut or f111 slopes shall not exceed eight (B1 feet in height at perimeters of the site or elsewhere wlthcut the use of walls, terracing and other mitigating measures, such as contour grading, landscape ~/ ~^6 t~ - (,o - ~~~ ~~_ ~ ~` ~ buffering, and then only as approved by the Planning Commission after conclusive demonstration that such cut or fill heights will not adversely affect adjacent properties, views, landfo rms or other significant c onr dera ti ons not specifically discussed here and that they are absol ute~y required to accomplish land development under extreme or unusual c ircuaatances and conditions. l6. Ne 5le9es steeper LhaR these existing may 4e erected exee9t as provided ie SeetieR 1.7.24.076.6.6 N. Drainage 1. Debris basins and energy dissipating devices shall be BR- aite sa teh bd5iR9 er siliaiiaR ba aiRer as well as energy aCSarbing devieesr must be provided where necessary to reduce ie Prevent erosion when grading 1s undertaken in the hillside areas. Natural drainage courses shall be protected from grading activity. In Instances where crossing is required, a natural crossing and bank protection sball should be preferred over steel and concrete systems. Nhere brow ditches are requt red, they shall be naturalized with plant materials and native rocks. 2. Building and grading pere~its shall not be issued for canstnution an any site without an approved location for disposal of run-off waters, including but not 11~1ted to such facilities as a drainage charnel, public street or alley, or private drainage easement, which arc not adequately protected fns off-site dnlnage. 3. The use of cross lot drainage shall be minimized. in situations where this is not possible using conventional design, optional techniques including, but not limited to single loaded streets and reduced ~a~~s~tias ;hall be considered. Extensive use of cross lot drainage shall be subject to Planning Commission review and may be considered after demonstration that this method will not adversely affect the proposed lots or ayacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional 4rainage practices. ~, ~-~~ -~-- ~~si apply: 4. Where cross lot drainage is utilized, the foilowi ng shall a. Protect interiors -One lot may drain across one other lot if an easement is provided within in in either an improved, open V-swale gutter which has a naturalized appearance, or within a closed drainage pipe which shall be is a minimum 12 inches in diameter. In both cases, an integral wall, shall 6e constrvtted. This drainage shall be conveyed to either a public street or to eiiper a mind~ua~ }g_feet private drainage easement. If drainage is tonreyed to a private easaent, it spell whiap is 6e be maintained by a homeowners association, othentise the drainage shall be conveyed to a public easeaent such as er ie a public alley, er paseo or trail wpiap is to be a a~ini~awl 27 feet #n wf9th. The easea>CM width shall be detenined on an individual basis and shall be dependent on appropriate hydrologic studies and access require~ents. BoM waa and dralnaple d~vbrr to ba conatrlretad wIM tlu aubdlviNon uld not loll for rldlviduY twwnrownars to compNU. .. WION u drrlwmMd W . ~." approprlaa nydrobglc atudMa. ~. ,' ~'~' CononN ao«t ohalrtat wtlh ~w~w boa eh ~~ ~ - 9~ -~a- ~S~- h, pro,~ect boundaries - On-site drainage shall be conveyed in an improved open Y-Swale' gutter, Mich haz a naturalized appearance, or rithin an underground pipe in either a ~ninieaa~a }g_ECCt private drainage easement, which is to be maintained by a homeowner's association, or 1t shall be conveyed in a public ease~ent such as a er is a public alley, e~ paseo or trail w4ieh is to be a ^ini~awa 27 Eeei in width. The easement width shall be de*_=^"'."_^- o•"• an !ndi:idual b;;i; and sAaii he dependent on appropriate hydrol ogle studies and access requirements. j I 3 I ~ ~MHdafltlal bd u ~ nPM aha~inal alleys haM a MLw,N •pgea!anos ~ t` ~~ `I I ~ -~ WNIh r da/annYy :.~ oY hYdrolagk i EIMaS pyWe o1 prlwq Wyacawd MWaa4n paaaoltrMhay naamant, ~I ~-~~ - 1.3 - ~ J--p Easement width Wl = w nptt.d fa m.intw~r~e. rW .ee.s. (1Y mdn) W4 = u npiW to com~y ar.rrp. wa = .wp. wldlh w =row ..•«nw~t wWth t Drrhl t~ c, sots _ Tho foil nwina Gu611c Safetv concerns should be addressed: 1. Require adequate water supply and pressure for all proposed deveiopment in accardance with Foothill Division Standards, 2. ~ permanent fuel modification area may be required around development protects or portions thereof that are adtacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be based on applicable building and i it c ~wci v id a' Fi r'e i'w2ard r".rv^dl ysis $W"v" d.°°..°1 ~pM Ay thn Ct nn B1 yV eli_y~,_ The width of the fuel modl ficatt on area shall be determined based upon: a. The natural ungraded slope of the land within 4he protect and in the areas adtacent to the protect; -b4- ~~SY A ~ b. Fuel loading; modified area; and c, Access to the project and access directly to the fu ei d. The on-site availability of water that can be used for fire fighting purposes. 3. Adequate provisions shall be made for the con tinuai maintenance of such areas, and, where feasihle, such areas shall be designated as common open space rather than prSvate open space. .• ~~t~ ~a:~;~~;~a.l~~~ a, ma aiiaii also inu orpo ra to soli erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. ~, ~ -- ~3 - ~5. 2ss 5, The Chief may require brush, vegetation or debris to be removed and cleared within ten feet on each side of every roadway and access drive, and may enter upon private property to do so. This section shall nct apply to single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided they do not form a means of readily transmitting fire. As used ~ this section, "roadway" means that portion of a highway or private street improved or ordi ra rily used for vehicular travel. 6. If the Chief determines in any specific case that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. 7. In the event the abatement is not perfo ~~ed as required in Subsection 5 of this section, the executive Body may instruct the Chief to give notice to the owner of the property upon which said condition exists to correct such prohibited condition and, if the owner fails to correct such condition, the Execu tlve Body may cause the same to be done and make the expense of such correction a lien on the property upon which such conditions exist. 8. Restrict structures and facilities from geol agitaliy hazardous areas, 9, RegWre special construction feature in the design of structures where site investigations confirm potential geologic hazards. 10. The Friant Escondido and Ramona/Ar11n9 ton sail associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. ~~ ~ - ~~ - `b - ~S-~ 11. The Tu,iu ng a-Delhi soil association may have soil bearing capabilities that could limit some development. Structures proposed an this soil type should be permitted only after a site specific investigation has been perfo ~~ed that indicates the soils can adequately support the weight of the 5i tilt Lure. 12. For all development within the Al qui st-p riolo or City- adopted "Special Study Zone", a statement shall be included on every deed for each lot or parcel which informs the prospective owner of the potential for seismic activity and the potential hazard. Section 17.2.080 Density Slone density regulations which correlate intensity of development to steepness of terrain will be used to minimize grading, removal of vegetation, land instability and fire hazards. The total allowable residential dwelling units shall be calculated based on the total (buildable) land area within each slope category ar.G multiplied Dy the capacity factor yura~ami for each to the ;lope category. A. Calculation of density - The maximum number of units that may be permitted in a proposed development shall be determined by multiplying that area of land in each "slope category" by the "capacity factor" shown in the following table, taking the products of these calculations converteG to square feet, and dividing this figure by the required site area unit in square feet prescribed 1n the undmrlying zoning district (except the Hillside Residential District where theta is no miMmum lot size required), In the Hillside Residential 0lstrict, the allowable amount of buildable area resulting from the Capacity Factor calculation will constitute the ad,~usted net buildable a rea. ~~ ~-~~ -c.1- a5~ B. Land Caoabi iity Schedule (*Buildable) Area Capacity Slope Category in square feet Factor Under 10 percent X 1.00 = 10-14.9 percent X 0.75 = 15-19.~ percent % 0.50 = 2C 24 ' - pir Cci~• X U.CJ = 25-29.9 percent _X .025 30+ percent X O.C Adj. `let BuilCable Area (square feet) Divided Permitted by minimum number of lot size units reyui rement of under- iying Zoning district ex- cept 1n H111- side Residential *Buildable area is a contiguous area of the lot which is less than 30Z in natural slope, ar in the area determined, through environmental studies and investigation as Du1ldaDle. C. Exceptions - The following land areas meeting any ar all of the following criteria shall not be Included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a 100-year storm after development has occurred. 2. A11 land which is in a geologic hazard zone as defined in the safety eleaent of the General Plan of the City of Rancho Cucamonga and for :,~+.wa~ivf mEa iu its art uiv udEnn. 3. A11 land area which lies within a Federal recognized 61ue line stream, or contains significant riparian or stream bed environs. ~,~~~~ - ~ e - ~.5~ Section 17.24.090 Transfer of Dwelling Unit Allocations A. Purpose - The purpose of "transfer of dwelling uni*_ allocations" is to provide a procedure whereby the potential development of an area which stands to suffer adverse environmental impacts can be credited and then transferred to aro th er more appropriate area in order to preserve the charar and identity of the former area. B. Definitions - transferred. transferred. DONOR PARCEL - Parcel from which development credits are RECEIVER PARCEL - Parcel to which development credl is are DEYELOPER CREDIT - A development credit is a potential entitlement to construct one dwelling in a designated cluster area which can only be exercised when the development credit has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and other i cyuir cnwui.a ui law are lull illCU. The allocation of dwelling units may be transferred from one parcel (donor) to another parcel (receiver) within a project site, or, from a protect site (donor to adjacent properties (receiver), if conditions are applicable, when the development of the subject site mould cause adverse impacts. The development per donor site/parcel shall be calculated according to the "Calculation of Density" table and the result transferred to a predetermined receiver site/parcel. .~_ nie traiuier ui derelopment CredlLS is aUbjN.t LO d Development Agreement (DA) and/or any other appropriate legal agreement, as welt as a Specific Plan and General Dl an haendment (GPA). The applicatlnn shall designate both Lhe donor and receiver parcels as part of the subject property. The Development Agreement, or any other appropriate agreement, --~ ~_ ~~ -~9- >Sy ... .. ..v shall be used to ensure the appropriate legal direction for completion of specific conditions and encourages public and private partnership. A Specific Plan and General Plan A,iierdment shall be used to determine the compatibility of the proposed land use to surrounding land use designations, the appropriate distribution of land uses within ~ the plan boundaries and allows the designation of the donor pa rc ei as open space, exhausting its development c redit<. In addition, a Specific Plan requires large scale master piano tog and discourages incremental, pies meal development The transfer of development credits may be authorized when the Planning Commission finds that the receiver parcel has sufficient area to accommodate development otherwise permitted under City Development Districts, plus the development credits to be transferred, and that such total development meets all of the applicable requirements of the City's General Plan and all provisions of this section. C. Provisions - 1. When development credits are transferred, all such credits are thereafter depleted with regard to the donor parcel, Excess development c reacts or coat donor parcel wnicn arc not initially transferred to a rec elver parcel may be subsequently transferred to another receiver parcel in accordance with the provisions of this section. 2~. The nuaber of development credits which may be transferred shall not exceed the nuaDer of dwelling units determined for the donor parcel through applying estaD}fshed slope density standards and through preliminary site review to detenmine the actual nunber of units which could be developed on the donor parcel sub,iect to provisions contained within this section. ~1 ~ _ L .~ / /1 -10- c~tp"V 3. Approval of development credits transfer must be based on findings that this procedure is consistent with the General Plan and provides for the long-term maintenance of the property as open space. Analysis of the eventual maintenance of the open space shall be based upon the City's estimated annual cost for maintenance and liability for the `and and for provisions thereof. 4. The donor parcel, after development credits have been depleted, shall be kept essentially in a natural condition. However, the City may, pursuant to a Conditional Use Permit, authorize the following uses if it deems they are compatible with maintaining the natural condition of the property and are consistent with the General P1 an: a. Matershed, and/or trails. 6. The growing of crops and fruits. c. Low intensity recreation. d. Other sim7l ar uses. e. Accessory uses necessary to support the uses above. 5. Land fro:, which development .re."it, have Seen transferred shall be recorded as open space through the process of a Specific Plan and a General Plan Amendment to ensure that such land remai nc ae nnen mace in perpetuity. 6. A parcel from which development credits have been transferred shall not be considered as "common open space" unless such parcel is transferred in fee to the receiver parcel. 7. fie maximum number of dwelling units permitted on a parcel receiving development credits shall not exceed the wm total determined by aDD lying the established slope density standard to the receiving parcel and addi nv the ^9m..ei Of d'c'teivrn,-ei i~t Crev'i ti train (erred a5 vutiiri2d iA xLt iGn 17.2l.090.C.2. ~, ~ '~ 9 p t frontage and is requesting reimbursement. He said reimbursemen -s only provided far and erg rouMing existing overhead utilities. aid develope are putting in electrical mains all over the City and never beer, given ursement. Commissioner To felt that it is reasonable not to un round the line above ground north old Base Line Road, because the person owns the o rop erty both north a outh of old Base Line Raad felt that in the future r. developer would to combine the proper nd the City cculd then have the uii ii Ties and erg rou rie felt ih ai condition was epp n,pria i.e because it reads that the deve is eligibl r one-half reimbursement if the and erg rou nding is located in i itima cation. Commissioner Ch iti ea concurred Motion: hbved by Tolsto.y, seco by C 'ea, to adopt the Resolutions approving Modifications to Cond' ns of Appr for Conditional Use Permit 88-35 and Parcel Map 11838. on carried by th llowing vote: AYES; COMMISSIONERS: CHITS EA, MCNI EL, TOL SI'OY, NBERG ER NOES: COMMISSIO NONE ABSENT: COMNI NER S: BLPK ESLEY -carried * k * * F 7:55 P. Planning Commission Recessed due to bomb threat 8: 15J.M. - Planning Commission Reconvened _ \ D. ENVIRONMENTAL ASSESSMENT AND GEN FR AL PLAN AMENDMENT 89-038 - CITY OF req ues 2 ame on nvi ronmen esou rc es ,' an ec~9-puhlic Safety, elements of the General Plan as they relate to hi 115ide ~dev elopme nt and grading, and will involve revising the definitions of hillside from 10% or greater to B% ar greater, as well as restricting dev eloparc nt on slopes which are 30% or greater. E. EN Vi RONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 89-02 - CITY OF a ng ap er 17.24, Sections 17.24.010 through 17.24.090, 17.O6.Ol0.C.l.a and 17.06.020.0.6; amending subsections 17.06.O10.E.5, ii.08.Owi.B and C, ii.08.Cn0.E.5, i7.i8.Ocu.D, i7.i8.03"v.A, i7.io.03^u.C, 11.t8.040.A.1, 11.18.040.E.5.a, and 17.18.O40,E.5.6; and deleting subsections 17.06.O10.E.5.a through f, 17.18.040.A.1.a through e, and 17,18.040.E. S,a,i through Iv, regarding establishment of guidelines and standards for hillside development. Planning Commission Minutes -7- December 13, 1989 ~~~~ Cindy Norris, Associate Planner, presented the staff report. She presented a slide plresentati on depicting examples of good and poor hillside development. She provided copies of letters expressing concerns from Landmark Land and Land/Plan/Design (the Consortium). Chairman Mc Niel opened the public hearing. Steve Shepard, Bror_k Homes, 250 East Ri nc on, Corona, presented a letter detaili^a concerns. He stated he appreciated the concerns of the City feat led to .le development of the ordinance, but he felt that the standards will iead CO Simi inr de~i n5 iJi ail - iiiu'a u- - "` He f " the :`a.^.d a^ds y op~~~ ~~ c.. will not allow custom quality development, as the envelope limits architectural roof styles; i.e., requiring roof lines to be parallel to the hill will not allow pitched roofs. He felt the limit should he raised frem 3U feet to 35 feet. He stated the elimination of a cantilever at the back of the house does not take passive solar energy into account, He felt the limitation of building materials and colors will lead to Imnotonous, repetitive houses. He thought it is not reasonable to eliminate privacy walls. HP felt retaining structural elements should be separated from the house, not integral to the house, as damaged retaining walls would lead to damaged hoses. He stated that roughening up swales will add to the cost and lead to maintenance p rohlems, as debris will be caught. He felt the requirements for lot landscaping could be in the CC&Rs, instead of borne by the developer. He felt the capacity factor for density is too restrictive and stated it would not allow far half-acre lots on sites with 10 percent grade. He requested that 10 percent be used as the base, instead of 8 percent. Brian Dawson, OHP Architects, 13002 Skyp ark Circle, Irvine, stated he does a lot of hillside development. He felt the building a metopes were far too restrictive, and 35 feet would be more realistic. He stated that with a 30- foot height nmitatt on, a two-sorry huu se tuuiu nut ue uui1L. h ;~iG would be necessary to build two-story houses to obtain the square footage required of this level housing. He said the need to concentrate the two-story Hass in the center of the houses will lead to monotony, He suggested increasing the envelope or allowing for interpretation to allow stepping down ~n back. He felt Lhat retain+ng a 30-foot limit would lead to narrow, fairly deep houses. Jorge Garcia, Garcia and Associates, 7167 Canbridge, Rancho Cucamonga, felt the height limitation Mould he reconsidered, and thought 35 feet would allow for more creativity. Richard Douglas, Landmark Land, 110 North Lincoln Avenue, Corona, felt the ordinance should go further and establish greater sc rvti ny in certain areas with special considerations for topography and drainage. He felt z number J ll- ..l n..n bit thoro e N~I,1 by I1mIL 5^UUIU IIV4 Up pet VII bui luau is oYc'ei v~ ci.ryc, ..,..... special studies of various areas. Paul Taylor, Etiwanda Heights Development, 9227 Haven Avenue, Rancho Cucamonga, thanked staff for working on the ordinance. He was concerned regarding the size of building sites and calculated density factors. He wanted to be able to develop at an affordable price. Planning Commission Minutes -8- DecertDer 13, 1989 ~~ Hearing no further testimony, the public hearing was closed Chairman McNiel stated the Ci cy came to realize the necessity for a hillside ordinance because of same of the 6ui lding occurring in the City's sphere of influence. He felt the area needs to be treated sensitively. He thought the o nii nonce needs to be strict in order to farce developers to be creative in development and developers could utilize the variance process when necessary. He felt the design conmdni ty would have to prove to the City that they could not work with the restrictions. -J V4... ~!1 Cn n4 Mn ln4.• li.n~• ..rMnn lalL inn ahn,i l' m~~r wi uiiiiJiiai Tviity ii kc.. uw ....-~..... ~.~,y,•. •.•.•.. ..... •. ... ......~ ......,.- E..._.. footprint horses, but felt a 4,000 square foot house could perhaps have a higher height limit. He thought perhaps a ratio could 6e included for raising the height limit as the footprint expanded. He felt the height could be raised so long as it didn't interfere with the natural terrain around the slope. Commissioner Chitiea agreed that narrow, tall houses would be inappropriate and thought flexibility might be best. Chairman Mc Ni el stated the developers could expand the footprint and go down slope. Commissioner Chitiea stated that increasing the footprint would use more of the land. She suggested allowing optional standards with some other mitigation measures, such as requiring larger lot sires. Commissioner Tolstoy suggested a statement that informed the architect that a variance could be requested. ardQ CUller, VI Ly YIa1111C r, 1b Lcu ulmc io yi v•ia inn -inw, a..a~pti ~,-~+ which would allow W to a 10 percent variance~in the standard. Ms. Norris stated staff surveyed other conmunities and 30 feet seemed in line with what many had in place, She indicated staff has been working with one applicant and encouraging them to dig in for subterranean excavation and The amount they dig down will not be counted as part of the 30 feet. Commissioner Chitiea asked haw the Commission felt about requiring cone other mitigations. -- Chairman Ft Niel felt the developer should approach the Commis Sion with a variance to show why it would be necessary. Commissi over Tolstoy stated he was satisfied bxau se there is sane leeway. Chairman Mc Niel asked about the prohibition of cantilevered second stories. Ms. Norris stated the intent is to reduce the massive appearance which would 6e given from large overhangs. She said the guidelines section presented the idea but did not say that the second stories could not be cantilevered. Planning Commission DHnutes -9- Decenber 13, 1989 Commissioner Tolstoy felt the section was fine as written. Chairman McNi el asked about the-stucco in earth tone colors. Ms. Norris stated that was added as a guideline following a workshop Tn cut down on visibility from a distance. Comnissi oner Chi ti ea stated the intent was to avoid brilliant buildings which can be seen for miles. She felt nu ted colors would not appear monotonous because ' ey will hot stand out that much. Chairman McNiel asked how subdivision walls could be made part of the house in custom lot subdivisions. Ms. Norris stated a section in the guidelines states that if a house is being plotted or sided adjacent to a roadway, the wall should be designed as part of the house and could refer to an integral wall. She said the intent was from concerns that if cross-lot drainage was being used, it is necessary to provide permanent protection of the drainage. She stated that in a custom-lot subdivision fhe developer would put in drainage at an early stage when the area is graded. She said the inten4 is to place it where they would most likely place walls in the future. Mr. Buller stated that it is likely that most of the development will not be custom lots. Ne also indicated that the Commission does not have to allow grading before the product is reviewed and approved. Commissioner Tolstoy stated that in some areas it might all be custom lots. tie said that if a developer divides the property Tnto custom lots and puts in streets and grading, an individual can bui id a single house without goiny through Uesign Nevrew. Mr. Buller stated that under the proposed ordinance if a lot has a particular grade, any development may be subject to Commission review. hh. Norris stated that Bevel ~pntent on lots in the 8 to 15 percent grade range would be subject to City Planner review and he could refer projects up to the Commission, when he felt it would be appropriate. Mr, Buller suggested tha~3 the Commission could establish a theme of retaining walls when they approve a map. The applicant would then be forced to return to the Planning Commission in order to change the walls. Chairman Mc Niel felt that the rock finish look in drainage swales would he aooroPriate for the community. Ms. Norris stated that the ordinance was changed to provide that rocks would not be placed in the center of the drainage ditches, but only on the sides. She said it was felt this would allow better flow. Planning Commission Minutes -10- Deceitber 13, 1989 ~~s Conmissi over Tolstoy stated that all drainage systems need maintenance, not just those with rough surfaces. Chairren Mc Niel stated that half-acre lots can be created anywhere, it just isn't possible to generate so many. Commissioner Chitiea felt it was unfortunate Lhat the ordinance was not put in place many years ago. She felt half-acre should be the minimum size for lots. 7iairman kNie1 asked how the Commission felt about 10 percent versus 9 percent, or pernaps ircrementai adjm ~menis ~r~~n o iu i0 pcr~enl. Commissioner Chitiea felt 8 percent is reasonable. Chairman McNiel felt it provides better control. Fie felt the envelope height- limit forces the architects to seek solutions they have not yet found. Comni ssi over Chitiea asked if a minor exception could be applied on the envelope height. Mr. Buller stated it would. Chai rngn Mc Ni el stated the City oust have a place to start so far as calculation of the density factor. Ne felt it is better to be too strict than too liberal. It was his opinion that the standards proposed were rea sonabie and not too strict. Conmissi oner Chitiea felt it is more important to consider what is being done to the hillside than to try to see that the highest density is built. She thought there should not be dense development next to the nnuntainsi de. She felt the ordinance was wel ~ written and app recrated the grapm cs, one rou no it helpful to shag appropriate and inappropriate designs. Commissioner Tolstoy stated that the use of greenbelts and collector streets to take up grade was discussed. Ne felt that greenbelts are important in many respects, but because of the cost of maintenance, he felt greenbelts should be kept at a minimum. He did not want huge slopes, but he felt it would be necessary to Lake up some of the grade in si deya rd slopes, which he felt were monotonous. Fle wanted to incorporate sons language that the slope would be taken up in conbinati on with architecture, split level, stem walls, etc. Ms. Norris stated that the intent was not that developers use an either/or approach. Mr. Buller suggested that the Commission was iookinq for flexibility. Commissioner Chitiea suggested inserting "some" consideration may be allowed. Commissioner Tolstoy felt it was important to use both slope and construction techniques. Planning Commission Minutes -11- Becenber 13, 1989 c/ Mr. Buller suggested the wording be changed to show Ghat for master planned projects which in<•lede special design features, the Planning Commission may consider alternative yradirg. techniques as partial conpliance with the section. He stated that there may also be situations where the developers may wish m create lots better related to a special site, such as a golf course. He suggested the Commission mdy then wish to consider padded building sites adjacent to the so ecial feature, when it is found that such grading would create a better relationship between the special design feature and the adjacent lots. Comnrssr ~~er to lstoy agreed mat 7L Was rmporta nt [o [aKe advantage of those special features. He stated he felt staff did an excellent job in writing the ordinance. ~. Norris suggested changing the wording under the review procedures section to clarify the review process. She stated tha± in addition to the normal review procedures some projects would require additional review because of the slope category, and the sensitivity of the grade. Commissioner Chitiea felt that was a good idea. Chairman Mc Niel stated that the ordinance was the result of the work of many people. He thanked the commnity and the landowners in the area for their input and guidance. He stated it has been a pleasure working with the Consortium. Ccmmissicrer Tolstcy stated Gha*. *.he form;lation of ±he ordinance began in 1978 and 1979. He expressed pleasure that the ordinance was becoming a reality. Motion: Moved by Tolstoy, seconded by Chitiea, to adopt the Resolution recommending approval of Environmental Assessment and General Plan Amendment 89-038 and Environmental Assessment and Development Code Amendment 39-02, with modifications to clarify grading applicability and review procedures. Motion carried by +he following vote: AYES: COMMISSIONERS: CH ITI EA, MCNI EL, TOLSO'f, WE?NBERGER HOES: COMMISSIONERS: NONE ABSENT; COMMS SSIONER S: BLAX ESLEY -carried . ~ + ,r N ln:nn P. M. - Planning fnmmisainn Raressad 10:15 P.M. -Planning Commission Reconvened . + . r . Planning Commission Ml nutes -12- December 13, 1989 ~' 7 RESOLUTION N0. 89-153 A RESOLUTION Of THE PLANNING COIM ISSI ON OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 89-038, REQUESTING TO AMEND THE SECTION IV, ENVIRONMENTAL RESOURCES AND SECTION Y, PUBLIC SAFETY ELEMENTS OF THE GENERAL PLAN AS THEY RELATE TO HILLSIDE DEVELOPMENT AND GRADING, REVISING THE OEFI NIT ION GF HiiL SIDE iD iNCL'uDE SLG"rES H PERCEHi C"n GREATER AS WELL AS RESTRICTING DEVELOPMENT ON SLOPES 30 PERCENT OR GREATER, AND MAKING FI NOINGS IN SUPPORT THEREOF A. Recitals. (f) The City of Rancho Cucamonga has filed an application for General Plan Amendment No. 89-038 as described is the title of this Resolution. Hereinafter in this Resolution, the suh,j ect General Plan Amendment is referred to as "the application". (ti) On December 13, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (111) All legal prerequisites to the adoption of t{Iis Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined and resolved by the rimminy wun,i aai ml ui Lim vi 1~ vi iw u~irv ~u~P"Im lya as iuiivno. 1. This Commission hereby specifically finds that all of the faces set forth in Recitals, Part "A", of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on December 13, 1989, including written and oral staff reports, tcgether with public testimony, this Commission hereby specifically finds as follows: (al The proposed amendment will not have a significant impact on the environment as evidenced by the conclus tons and findings of the Initial Study, Part II; and (b} The prapased amendment will promote and furti!er implement t_II P_ (1 f_1.,1 C_ T_11I1 !l n_ 1 Pf_T1 VPG l_1f t11 P_ IMP IIP YTI Vll/1 ~1V f1 ,'l1T Pf tl ,111 TnP IIT fll,'T I ~ ~.. ..-.-. .~.. -a character of 4he foothills, by limiting the potential alteration to the natural landform, and by ensuringg the safety, health and well-being of the community through restriction oP development from areas with potentially unsafe environmental conditions including soil erosion, landslide, seismic, flood, fire, pollution, as well as limited public service access; and w 0 PLANNING COfMISSIO ~SOLUT ION N0. 89-153 GPA 89-038 December 13, 1989 Page 2 (c) Thr proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the City by revising the definition of hillside from 10 percent to include land with a natural slope cf 8 percent or great -; and (d) The amendment encourages the protection of natural areas for ec olagical, education and other scientific purposes by resiricti ng development from sensitive hillside areat and by encouraging a more sensitive treatment to the land to the northern City and sphere areas; and (e) The amendment will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space land uses by restricting development from significant features of land such as rock outcroppings, ridgelines, sensitive wildlife ha Ditats, creekside or riparian woodlands, and view corridors; and 3. Based upon the substantial evidence presented to this Lommtssi on during the above-referenced pu611c hearing and upon the specific findl ngs of facts set forth in paragraphs 1 and 2 above, this Comoission hereby finds and concludes as follows: (a) fiat the proposed amendments would not have significant impacts en the environment nor the surrounding properties; and General Plan. 4. Thts Caamission hereby finds that the pradect has been reviewed and considered in compliance with the California Environmental pualfty Act of 1970 and, further, this Comaisslon hereby recommends issuance of a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 aboveythls Coawlsslon hereby resolves that pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Coawlssion of the City of Rancho Cucaaanga hereby recommends approval on the 13th day of December, 1989, of General Plan Mrendment No. 89-038. 6. The Secretary to this Comaission shall certify to the adoption o. this Resol,aion. ~~ PLANNING COMM[SSI O' ESOLUTIDN N0. 89-153 GPA 89-038 December 13, 1989 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER, 1989. PLANNING COMMISSION OF THE CITY OF RANCHO CUCPMOMiA RY I, grad Buller, 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 13th day of December, 1989, by the following vote-t-wit: AYES: COMA SSIONERS: CHITIEA, MCN IEL, iOL STOY, NEINBE RGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY G / U RESOLUTION N0. 89-154 4 RESOWTION OF THE PLANNING COfM1ISSI0N OF THE CITY OF RANCHO CUCAMONG.A, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT 89-02, REQUESTING TO AMEND TITLE 17 OF THE MUNICIPAL CODE BY ADDING CHAPTER 17.24, SECTIONS 17.24.010 THROUGH 17.24.090, 11.06.O10.C.1 .g AND 17.06.020.0.6; AMENGING SUBSECTIONS 17.06.O10E.5, t7 na nan o eun C 1' 08 050 E c 17.18.030.A, 17.08.030.0, 17.18.040.A.1, 17.18?040. E~5.a, AND 17.18.040.E.S.b; AND OELET ING SUBSECTIONS 17.06.O10.E.5.a THROUGH f, 17.18.040.A.1.a THROUGH e, AND 17.18.040.E.5.a .i. THROUGH iv., REGARDING ESTABLISHMENT OF GUIDELINES AND STANDARDS FOR HILLSIDE DEVELOPMENT, AND MAKING F[NOI NGS IN SUPPORT THEREOF A. Recitals, (i) The City of Rancho Cucamonga has filed an application for Development Code Amendment No, 89-02 as described in the title of this Resolution. Flereinafter in this Resolution, the subJ ect Development Code Amendment is referred to as "the application". (111 On December 13, 1989, the Planning Comml ssion of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appl icati cn and issued Resolution No. 89-I53 recommending to the City Council that the associated General Plan Amendment No. 89-038 be approved. (111) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NON, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in Recitals, Part "A", of this Resolution are true and correct, 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on December 13, 1989, including written and oral staff reports, together with public testimony, this Cu^-fission hereby soeclflcally finds as fdll„ws: (a) The proposed amendments will not have a significant impact on the environment as evidenced by the conclusions and findings of the Initial Study, Part II; and C/ PLANNING CONMISSIOi SOLUTION N0. A9-154 OCA 69-02 December 13, 1989 Page 2 (b) The proposed amendments will promote and further implement the goals and objectives of the General Plan by protecting the natural character of the foothills, by limiting the potential alteration to the natural landform, and by ensuring the safety, health and well-being of thecommunity through restriction of development from areas with potentially unsafe ~nvironme ntal conditions including soil erosion, landslide, seismic, (c) The proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the C1 ty by rev ising the definition of hil iside from 10 percent to include land with a natural slope of 8 percent or greater; and (d) The amendments encourage the protection of natural areas for ecological, education and other scientific purposes by restricting development from sensitive hillside areas and by encouraging a more sensitive treatment to the land in the northern City and sphere areas;. and (e) The amendments will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space land uses by restrict ing development from significant features of land such as rock outcroppings, ri dgeli nes, sensitive wildlife ha6l tats, creek side or riparian woodlands, and view corridors; and (f) The amendments will avoid res idend al densities which C.:y SG~t~ J` :`" ~~G.'. '~~.'. ~' ~l o. icy-ri ci ~i~iv i wn ~c rcc ana my supplied by limiting the min tensity of ~developmen twin hillside areas through application of the slope/c apac tty formula; and (g) The amen dmen is will encourage innovative and sensitive development in the hillside areas through the provision of guidelines and standards which address site design, driveway and roadway design, architecture, wa}ls and fences, landscaping, grading and drainage; and (h) The~mendments shall limit the potential negative impacts on adjacent developed and undeveloped properties as the result of additional requirements for hillside areas; and (1) The proposed amendments will result 1n minimal impact to environmentally sensitive areas through the use of transfer of development i redi ii ii, nrrwc wn irn ara iacc can <i iivn 3. Based upon the substant{al evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: ~~a PLANNING COMM ISSIf ?ESOLOTION N0. 89-154 OCA 89-02 December 13, 1989 Page 3 (a) That the proposed amendment is compatible with the uses permitted in the affected districts in terms of access, size, and c anpatib ility with ezf sting land use in the surrounding area; and (h) That the proposed amendment will not have significant i-poc is or. ~I~z crriii oal~rcat nUr L)le surrounding properties; ana (c) That the proposed amendment is in conformance with the General Plan. 4. This Comm ssion hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby recommends issuance of a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 shove, this Commission hereby resolves that pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Comm ssion of the City of Rancho Cucamonga hereby recommends approval on the 13th day of December, 1989, of Development Code Amendment 89-02 amending Title 17 of the Municipal Code as follows: SECTION 1: The following subsections of the Development Code of the City of anc o ucamonga shall be amended to read, in words and figures, as follows: O/ 1IW.VIVL.J~ Gradln Committee: The Grading Committee, comprising of represen a ves of each Division of the Community Development Department will consider Items such as, but not limited to, cut and fill areas; drainage and flood control facilities; erosion control; retaining walls; and the effect of proposed grading on ad,{acent properties. This Committee will detennlre 1f the grading plan meets City grading guidelines and policies. The decision of the Grading Comma tree will be forwarded to the City Pi anner or Planning Cammi ss ion and will be based on crl terta contained 1n the City's Hillside Development Ordinance, Chapter 17,24. I%.iW IIYII H anA 1 I.v,I nnln 11• A. Eaclud{ng land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Section 17.24.080.8. c) 17.08.040.8, adding footnote K and 17.08.040.C, adding footnote L, which shall state the following: -~3 PLANNING COM~II SS[01 _SOWTION N0, 8s-154 DCA 89-02 December 13, 1989 Page 4 "In hillside areas, heights shall be limited to 30 feet as specified in Section 17.24.0?0. D.1". d) 11.08.OSO.E.S: S. the pruj eci site is designated by the General Tian as Hillside Residential, or is a hillside condition (defined as having natural slopes of eight (8) percent or greater) and environmental studies have been conducted to determine land holding capacity and site development constraints, and the proposed density is no greater than two units per net buildable acre, e) 17.16.020.D: D. A precise site development plan showing lot layouts, access, street design, building locations, building design, and grading, must be prepared in accordance with the residential revf ew procedures conta lned in Chapters 17.06 and 17.08, in con,i unc Lion with arty subdivision or development proposal in the Hillside Residential District. All such proposals must comply with the design guidelines, standards and absolute policies in Chapters 17.08 and 17.24. ii ii .io.u3u.n: A. Minimum Parcel Size: No absolute mi nlmum parcel widths and depths are required. Butt dable area is considered to be a contiguous area of the lot which is less than thirty (30) percent in natural slope or the area determined through the environmental studies and Tnv esttgatlon as buildable and is subject to slope/capacity factor calculations contained in Section 17.24.080. g) 11.18.030.C: Building height: Shall be consistent with the height provisions contained in Section 17.24.O70.D.1. 1% IM 11411 Y > rnMnll nl, n nl -..-~._.~.... :.~ -... ~~~.. .: 1. Grading of any site shall corlfonn to the standards containe4 in Section 17.24.050. 11 17.16.040.E.5.a.1 through 4: al Retaining watts shall be constructed in a manner consistent with the provisions contained in Sections 17.24,070.8, C, and G. U ~~ PLANNING COMMISSIC `ESOLUTION N0, 89-154 OCA 89-02 Oecenber 13, 1989 Page 5 U) 11.18.040,E.5,6; Exposed walls and fences facing roadways shall be no greater than 5 feet in height, except as necessary for acoustical Our?nsec to cifi cfy the i^te^t of _h9 n~1 Se Crd'..^.a nG e. SECTION 2. Section 17.06.010. E.5.a through f, 17.18.040.A.1.a through e, awn TT.18.Q40.E,5.a.i through iv of the Development Code shall he deleted. SECTION 3. The Development Code of the City of Rancho Cucamonga shall be amen ed-a~di ng subsections 17.O6.Ol0,C.l.g, 17.06.020.0.6 and Chapter 17,24, Sections 17.24.010 through 17.24.090 to read, in words and figures, as follows: a) 17.06,OlOC.l,g , g) Ail pro,ietts within a hillside area (defined as having slopes eight (8) percent or greater) are subJect to review pursuant to Section 17,24.020.8. b) i7.u6.020.0.6 Proi ec is which may require review per Section 17.24.020. C. c) Hillside Development - Chapter 17,24, Sections 17.24.010 through 17.24.090. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER, 1989, PLANNING COIMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST: I, Brad Buller, Secretary of the Planning Comatssion of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by Lhe Piann ing Coswlsston of the City of Rancho Cucamonga, at a regular meeting of the Planning Coamisslon held on the 13th day of December, 1989, by the following vote-to-wit: J _~~~ PLANNING CONMISSI01 :SOLUTION N0. 89-154 DCA 89-02 December 13, 1989 Page fi AYES: CONM ISSIONERS: CHITIEA, MCNIEL, TOLSTCY, WEINBE RGER NOES: COtMISSIONERS: NONE ARSENT: COMB CSInNERr aLAeE cLry 7' RESOLUTION N0. '~O - l.J 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONG A, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 89-038 REQUESTING TO AMEND THE SECTION IV, ENVIRONMENTAL RESOURCES AND SECTION V, PU BLTC $AF ETY ELEMENTS OF THE GENERAL PLAN AS THEY RELATE TO HILLSIDE DEVELOPMENT AND GRADING, RE Y[SI NG THE DEFINITION OF HILLSIDE TO INCLUDE LOPES 8 PERCENT OR GREATER AS WELL A$ RESTRICTING OE VELOPMENT " LOPES 3O PCRCCKT un GREATER, AND ~~I.'G FINDINGS [N SUPPORT THEREOF. A. Recitals. (i) The City or Rancho Cucamonga has filed an application for General Plan Amendment No. 89-038 as described in the title of this Resolution. Hereinafter in this Resolution, the subfect General Plan Amendment is referred to as the "application". (ti) On December 13, 1989, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said public hearing, adopted Resolution No. 89-153 thereby recommending to this City Council that said application be approved. (iii) On January 17, 1990, the City Council of the City of Rancho Cucamonga conflicted a duly noticed public hearing on the application and concluded said hearing on that date. (iv) All legal prerequisites pricy 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 Couno-H hereby specifically finds that all of the facts set forth in the Recitals, Part "A", of this Resolution are true and :orrect. 2. This Council hereby finds and certifies that the pro,lect has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, and further, this Council hereby issues a Negat've Oecla~atior~. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this Council hereby finds and concludes as follows: la) The proposed amendments will not have a significant impact oa the environment as evidenced by the conclusions ar~d findings of the Initial Study, Part II. CITY COUNCIL RESOLUTION N0. GPA 89-038 - HILLSIDE DEVELOPMENT J ANUPRY 17, 1990 Page 2 (b) The proposed amendments will promote and further implement the goals and ob,iectives of the General Plan by protecting the natural character of the foothills, by limiting the potential alteration of the natural landform, and by ensuring the safety, health and well-being of the community through restriction of development from areas with potentially unsafe environmental conditions including soli erosion, landslide, seismic, flood, fire, pollution, as well as limited public service access. (c) The proposed amendments shall preserve the scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the City by revising the definition of hillside from 10 percent to include Land with a natural slope of 8 percent or greater. (d) The amendments encourage the protection of naturelareas for ecological, edtcation and other scientific purposes by restricting development from sensitive hillside areas and by encouraging a more sensitive treatment to the lard in the northern City and sphere areas. (e) The amendments will preserve the foothills at grades 30 percent or greater as a natural resource and will promote open space Land uses by restricting dew el opment from sig ni fi giant features of land such as rock outcroppings, ridgelines, sensitive wildlife habitats, creek side or riparian woodlands, and view corridors. 4. The C1 Ly CDUnCtI of the Gf Ly of Rd ncno Cucamonga hereby approves the application. The City Clerk shall certify to the adoption of this Resolution. ~~ ~ ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, GALIFORNI A, RPPROVI NG OEffLOPMENT CODE AMENDMENT 89-02, AMENDING TITLE 17 OF THE MINICIDAL CODE BY ADDING CHAPTER 17.24, SECTIONS 11.24.010 THROUGH 17.24.090, 17.06.O10.C.1.g, AND 11.06.020.0.6; AMENDING SUBSECTIONS 17.06.O10,E.5, 17.06.040.6 AND C, '.7.08.050.E.5, 17.18.020. D, 17.18.030.A, 17.18.030.0, 17 '8 ^4C.A.1 17.18.040. E. S.a, inD .IS.040.E. S.`v~ nN"u DELETING SUBSECTIONS 17.O6.Ol0.E.5.ayTHROUGH f, 17.18.040.A.1.a THROUGH e, AND 17.18.040.E.5.a.i THROUGH iv ., REGARDING ESTABLISHMENT OF GUIDELINES AND STANDARDS FDR HILLSIDE DEVELOPMENT, AND MAKING FINDINGS 2N SUPPORT THEREOF. A. Recitals. (i) On December 13, 1989, the Planning Commis sl on of the City of Rancho Cucamonga held a duly advertised public hearing pursuant to Section 65654 of the California Government Code and recommended to the City Council that this Council adopt the Development Code Amendment as set forth in this Ordinance. (ii) On da nuary 17, 1990, the City Council of the CT ty of Rancho Cucamonga held a duly advertised public hearing pursuant to Section 65864 of the CaN forma Government Code. ~iiij nin iegai pre requts ties prier to the aaoptton or tms uratnance have occurred, B. Ordinance. THE CITY COUNCIL OF THE CITY DF RANCHO CUCAMONGA DOES HER ERY ORDAIN AS FOLLOWS: SECTION 1: This Council hereby specifies and finds that all of the facts set .or to Lhe ~citals, Part A, of the Ordinance are true and correct. SECTION 2: This Council hereby finds and certifies that the project has been rev-i-ewe~and considered in compliance with the California Environmental Quality Act of 1970, and further, this Council hereby 15sues a n rya~~rc vc~.~a~au mr. ACTION 3: The Rancho Cucamonga City Council finds as follows: (a) The proposed amendments will not have a significant impact on the environment as evidenced by the conclusions and findings of the Initial Stugy, Part [I. ~~~ CITY COUNCIL ORDINANCE N0. DCA 89-02 - NI LL SIDE DEVELOPMENT JANUARY 17, 1990 Page 2 (b) The prooosed amendments will promote and further implement the goals and objectives of the General Plan by protxti ng the natural character of the foothills, by limiting the potential alteration of the natural la nd form, and by ensuring the safety, health and well-being of the community through restriction of development from areas with potentially unsafe a +ironnental conditions including soil erosion, landslide, seismic. `1J w, it r'e, pGiiu tiun, d5 Well d5 Il rill Led pUb I1C Se rVlCe dC CeSS. (c) The proposed amendments shall preserve Lhe scenic character and minimize potential negative aesthetic impacts as a result of conventional grading in the northern areas of the City by revising the definition of hillside from 10 percent to include land with a natural slope of 9 percent or greater. (d) The amendments encourage the protection of natural areas for ecological, edtcation and other scientific purposes by restricting development from sensitive hillside areas and by enc ou reging a mare sensitive treatment to the land in the northern City and sphere areas. (e) The amendments will preserve the foothills at gredes 30 percent or greater as a natural resource and will promote open space land uses by restricting development from significant features of land such as rock outcroooings, riigelines, sensitive wildlife habi*ats, creekside or riparian woodlands, and view corridors. (f) The anendnents will avoid residential densities which exceea the cap ac by of the lend and level of service that can reasonably he supplied by limiting the intensity of development in hillside areas through the application of the slope/capacity formula. (g) The amendments will encourage innovative and sensitive development 1n Lhe hillside areas through the provision of guidelines and standards which address site design, driveway and roadway design, architecture, walls and fences, landscaping, grading and drainage. (h) The-emendnoents shall limit the potential negative impacts on adjacent developed and undeveloped properties as the result of additional requirements for hillside areas. (i) The proposed amendments will result in minimal impact to environmentally sensitive areas through the use of tra ncfer of doyot Mme nr C~eui tS to d;Cao which are less sensitive. SECTION 4: The following subsections of the Development Code of the City of Ranc o ucamonga are hereby amended to read, in words and figures, as follows: CITY COUNCIL ORDINIWCE N0. DCA 89-02 - HILLSIDE DEVELOPMENT JANUARY 17, 1990 Page 3 a) 17.06.O10.E, 5: 5, Grading Committee: The Grading Committee, comprising of represen vl:T e~ Of each Division of the Community Development Department will consider items such as, but not ?united to, cut and fill areas; drainage and flood nn trot facilities, °rosi c.^. control; n=t„i.^.f ng walls; a^.A_ the effect of proposed grading on ad,iacent properties. This Committee will determine if the Grading Plan meets City grading guidelines and policies. The decision of tfie Grading Committee will be forwarded to the City Planner or Planning Commission a M will be based on criteria within the City's Hillside Development Ordinance, Chapter 17.24. b) 17.08.040.8 and C, footnote A: A. Excluding land necessary for secondary streets aM arterials and dependent on the slope/capacity factor contained in Section 17.24.080.0. c) 17.08,040.8, adding footnote K and 17.08.040.C, adding footnote L which shall state the following: "In hillside areas, heights shall be limited to 30 feet as specified in Section 17.24-070.D.1." d) 17.08.050.E.5 5. The Pro,iect site 1s designated by the General plan as Hillside Residential, or is a hillside condition, (defined as having slopes eight (8) percent or greater) and environmental studies have been conflicted to determine land holding capacity and site development constraints, and the proposed density is no greater than MOJlnits per net buildable acre. e) 17.18.OZO.D 0, A precise site development Dtan showing lot layouts, access, street design, building locations, building design. '.^.d ... Ainn nuiet IJ° ,.° awA in a~~n;vi>k° uirh the residential review procedures contained in Chapters 17.06 and 17.08, fn conJuncttai with any subdivision or development proposal 1n the Hillside Residential District. All such proposals must cospiy with the design guidelines and absolute policies in Chapters 17,08 and 17.24, f) 17,18.030.A ~O J CITY COUNCIL OROINIWCE N0. DCA 89-02 - HILLSIDE DEVELOPMENT J ANUPRY 17, 1990 Page 4 A. Minimum Parcel Size: No absolute minimum parcel widths and depths are required. Buildable area is considered to be a contiguous area of the lot which is less than thirty (30) percent in natural slope or the area determined through the environmental studies and investigation as buildable arw is iubj~tit ti, slope is ap a,:i ty fac Wr calculations contained in Section 17.24.080. g) 17,18.030.0: Building height shall be consistent with the height provisions contained in Section 17.24.070.0.1, h) 17.18.040.A.1: Grading of any site shall conform to the following grading standards contained in Section 17.24.050. i) 17.18.040.E.5.a: a) Retaining walls shall be constructed in a manner consistent with the provisions contained in Sections 17.24.070.8, C, and G. j) 17.18.040.E.5.b: Exposed walls and fences facing roadways shall be not greater than 5 feet in height, except as necessary for acoustical purposes to satisfy the intent of the noise ordinance. SECTION 5: Section 17.06.010. E.5.a through f, 17.18.040.A.1 .a through a awn IT.~.B.O40.E,5,a.1 through iv of the Development Code is hereby deleted. SECTION 6: The..Gevelopment Code of the City of Rancho Cucamonga is hereby amen e a ng subsections 17.Ofi,OlO.C.l.g, and 17.06.020.0.6, and Chapter 17.24, Sections 17.24.010 to 17.24,090 to read, in words and figures, as follows: a) I7.O6.Ol0.C.i.g (g) All projects within a hillside area (foothills defined as having slopes eight (8) percent or greater) are subject to review per Section 17.24.020.8. b) 11.06.020.0.6 Projects necessitating review as prescribed in Section 17.24.020.0. U ~~ CITY COUNCIL ORDINIWCE N0. OCA 89-02 - HILLSIDE DEYELOPMENi UANUPRY 17, 1990 Page 5 c) Hillside Development -Chapter 17.24, Sections 11.24.010 through 11.24.090. SECTION 7: THE City Council declares that, should any provision, section, ~3ragrap ,sentence or word of this Ordinance be rendered or declared invalid 6v any final coe rt ac lien in a ceu rr of coapete nt jurisdfctio.^., or by reason of any preenptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall reirein in full force and effect. SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall cause femme to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of ~nfar~o, Ca1T~rnia, and circulated in the City of Rancho Cucamonga, California ~- 8 ,~ CITY OF RANCHO CUCAMONGA STAFF REPORT ~k DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Barbara Kroll, Assistant Civil Engl^eer SUBJECT: ENVIRONMENTAL ASSESSMENT ANO CONDITIONAL USE PERMIT 88-18 - - ppea o e ann ng omm ss on ec s on requ r ng 1) payment of current in-lieu fees for the cost of the constructton of the Haven medtan island from Lemon Avenue to the project's southerly driveway, and (2) the constructton of the Haven medtan island from the project's southerly driveway to as far as Highland Avenue for the development of a fast food restaurant pad to the Neighborhood Coamerclal 0lstrict on the northeast corner of Highland and Haven Avenues - APN 201-271-65 I. RECONMENDATION• Staff recommends that the City Council sustain the Planning Commission's action by denial of the appeal request. A resalutlon reflecting the City Council's action will be provided on the consent calendar of the next regularly scheduled City Council meeting. II. BACKGROUND: On November 29, 1989, the Pianning Commission unanimously approved Condltt onal Use Permit 88-18 sub,j ect to conditions. The Developer 1s appealing two of the conditions pertal ni ng ta: I 1. Payment of current in-lieu fees for the cost of the constructton of the Haven median island from Lemon Avenue to the project's southerly ~,{veway, and; 2. The construction of the Haven medtan island from the pro,ject's southerly driveway to no i'urther than Highland Avenue. His reasons for appealing are contained in his letter (Exh161t "A"). III. ANALYSIS: Conditional Use Permit 88-18 for the proposed McDonalds restaurant 1s located within the Haven Village Shopping Center, which was approved as CUP 84-31 on Apr11 24, 1485. A related Tentative Parcel Map 9416 was approved on November 27, 1985, to subdivide the shopping center ~~ / CITY COUNCIL STAFF REPORT JANUARY 17, 1990 ENYIRONMENTAL ASSESSMENT d CUP 88-18 PAGE 2 into separate parcels. Both projects were conditioned to construct the Haven Avenue median along the entire project frontage extending frog Highland Avenue to Lemon Avenue. The McOonalds project beiny located within the larger project is therefore subject to the same median island requirement. The original shopping center improvement plans did contain a plan for the median curb and paving construction. However, during the Bever opment of the center, the City developed a median master plan for Haven Avenue and recently campieted the construction of the majority of the project. The development's plans, for the curb only, were not consistent with the City's plan and therefore were disregarded. Cou®unication between the City and the Developer on this issue is unclear due to the lack of written documentation. This perhaps explains in part the current disagreement between the City and the Developer. The following is in response to the specific Items contained in the applicant's appeal letter (EZhlbit "A"): Engineering Department Condition number 1 does require f96,138 for 0lversified's share of the median from Lemon Avenue southerly to the project entrance, which was consiructed by the City. This anaurt is based upon Oiversified's unfulfilled commitments for Parcel Map 9416 and CUP 84-31. The fee is consistent with City Council Resolution No. 89-033, which requires a fee of f14B per linear foot for one-half the cost of the median. Diversifled's obligation would be (148 x 649.58' ~ (96,138. Condition 2 could require Lhe construction of up to approximately 600' of median, but the actual length will oast probably be nearer to 253' due to Cal trans requirements. This portion of median Ts to be constructed at the Developer's cost. However, he is eligible to request a reimbursement agreement to recover one-half the cost from future development on the west side of Haven Avenue. The initial cost for the work is estimated to be 2 x f148 x 253' 174,888. The actual cost after reimbursement would be 4 of f74,688 or (37,444. The median in relation to the project 1s shorn on Exhibit "B". 2, Item number two, for the most part, 1s correct. However, the approximate value of (47,000 was an estimate for bonding purposes only, The 4nvelgper is gbllga led to construct the imprgvementS no matter what the actual cost, per the improvement agreement. 3. The record is not clear on this item, because no written documentation could be found in the file nor could any be produced by the Developer. a~ .~ CITY COUNCIL STAFF REPORT JANUARY 17, 1990 ENYIRONMENTAL ASSESSMENT CUP 88-18 PAGE 3 4. The City does not invoice for fees. It is the Developer's responsibility to fulfill his comitments, which are as outlined in 1 above. Again, no written docu~centation could De produced to verify these assertions. 5. The total nedian cost (what he calls total fee estimate) would be (133,582, by staff's calculations, which consists of the f96,138 in-lieu fee plus f3J,444 for tire median so be constructed. This cost is not solely for the McDonalds project. It pertains to the total Haven Village Shopping Center, which includes the McOonalds project, per the original conditions of approval. 6. Tne median obligation was not applied to the Untan 011 Project because discussions were underwAy and it was assumed that Diversified would honor its obligation for the entire shopping center. Discussions during the review of this project led staff to believe that this was not the case; therefore it was necessary to impose the requirement at this tine. 7. This item is not clear. Perhaps the Developer is stating that he is willing to ply a fee of 681,400 as a compranlse to the actual requirement. Iv. coticLUS1oN: This Tssue was discussed at the Planning Commission hearing, and it was determined by the Commission that the conditions are appropriate as written. Respe ly submitted, 1~~ ~ .1 `''~~ , Attac Appeal letter (Exhibit "A") Median Location (Exhibit "B") Planning Cowatssion Staff Report and Resolution and Minutes for CUP 88-18 Planning C,eaisslnn p4sol ytion R5-1;R fqr PM 9416 ~~ c.c, cda`,e~ 00 ~~~ ~ lac, i~~~~ DNERStFIED SHOPPING CENTERS O0o®ber 4, 1989 Ms. Debbie Ad,'>ms City Clerk City of Rarrdro Cuc~urga 9320 Iiaseline Road, $(.' Randro Cucammga, C3lifox7va 91701 Re: Appeal tv the city axmcii P1almtixrg ame; aim Decisim Corditimal ITSe Permit 88-18 Diversified Stropping a+nt~/ I4c~mald's Haven Village Hf7C FldVer aTrd Highland Ramtro nom, (~1lfcania Dear Mv. AdamB: Frrclosed is a drerJc to ttre City of I~crCn in the amrmt of $i26 to mver the cost of ors appeal to ttre City Oolmcil of the Plarning Qmmisaim decislm segasdirg ):1YJiIreeling Departmalt Cmditlms 1 and 2 of Osrditimal appealing~ttre Platvring tram;«im deoiaim iegaiding the IIrgufaervrq Department Ctrditims 1 an3 2 for the fallowing xeasotrs: {lj C<nditim 1 requires that Diversified pay an itt-lieu median feE of $95, 384.52 for 644.49 feet of median rmvri7g Exam the soUt]1 edge of Lemur Avenue to the center of ors signalized driveway entry off of Haven Avenue. Cmtiitim 2 nem~inzc that We omstruct a median fxmr ols signalized driveway m Haver south to the mrUterly edge of Highland due. grin distarrre is a total of 603.5 feet, and at twice the asxert in-lieu fee of $148 per lineal foot, the opt of this meriian ~r,,,,.rim would ecpral appt:mti~tely $178,624. During Olrx' Platvuig Commiaslm noat,im, Rrae I4CXal11x8 ixrdigtsl that we may only be required to ta~stntct a few tRarrhed feet of median insread of 600 feet because of Haver Avenue alignment p Wl^^^ .,....•,~ wit: t*.^..:i..~...~.i.'xg .......~. ~...~. 1"`..::,.^''.. Highland Avenue. a~'~ txH~d;f li~l, 391tl Rrd Nill Avmw, Suile 300, P.O. Boa Sal, Cau Mm. Ghfomir 9MS8-1041 ~' I419R-3651 ~. oebbie Aaaffi r~'*~+P+' 4, 1989 Page 2 (2) A development plan for Haven Village was origix~aily approved in April 1985 and the tentative parcel ~P approval vas granted iri August 1985. Huth of these approvals xegrired that the project a median m Haven Avetnie whidn was to be designed and ~istnicted in acooraanoe with approvals by the City IIgineer. On April 20, 1986, Lloyd EL~hbs, City IIgirees at the time, approved the shopping cervtPr design plan Por 550 feet of median di,,,r-t7y in front of the shopping center. an- performance bard far this prG7g„-t di mnfly mirmra tl]E QUdntltle5 aSACldtCd With t}I2 approved median plan, and our roar for the approved median was apPrrurimately $47,000. (3) Oaring cur mrstructian, the City requested that we modify our approved median plan aryl P~ in PaiM'~ median and PeY an in-lieO f~ of $65,000. We agreed to morlify as plans, per the City's request, even though it msartt inasring an additional. ccet of approximately 518,000. (4) After We modified our plans and built the t®porary painted median per the City's xeyuest, the City forgot to irnoioe us for the $65,000 in-lieu fee that we had agreed to pey. As we were cleaning up our bads for the project, the City indicated that we shauld pay a revised in-lieu roerlian fee of apprwrimately $185,000 for a median length of 1,248 feet, even though our original a~L WISI (lLa,p VOLLt11 LVL a W>1JGl, VL YLLy JJV LCiil.• (5) the revrsed total fee estimate/ Per F1rg3219eIi71g Ctnlitions 1 and 2 of Qrditioral Use Prxmit 88-18, world app¢alcimate 5275,000 or S53 per square foot of McRxald's 5,180 square feet of building azea, and is equivalent to a fee of $159,000 far a 3,000-sgrare-foot single-family house. ~viously, this fee is totally out of line with regard to the size and scope of tFe project involved. MrlY.,ald's total frontage on Haven Avenre consists of wily 263 feet and ttw-.median fee should be an item settled in conjurctiai with our original development plan. (6) Ihiion Oil ~4an1' was rot d~arged atry median fee during their approval piooess earlier this year. Wa feel that it is inappropriate to large McDaald's a fee of $275,000 and Union Oll CLnparry a r't~ oc' zero $u similar approvals. (7) Wa believe that we should pay the $65,000 fee that the city ariginal.ly asked us to pay in this matter. At the City's request, vaa mrlified our plans and proceeded with an altemats development program whic3n was the City's requeted plan. If we were to pay a canzent inn-lieu fee far the 550 Feet of median that we were originally obligated to mrstnnct, as total fee would equal $sl,aoo. ~00 ~. Debbie rda^s December 4, 1984 loge 3 ~ r '+@ believe that the City should hafpr iffi original o®itment to ne std aooept an 3tt-liar fee of $65x000 far the median wink that was to he Perfarmed. Additiatally, ae do mt feel that wa ahaitld be obligated to cat>stxitct additional median below our main aicgtalized a~try ~Atidt would ®ctemd beyorcl the plan that was origitally appeoued by Lloyd fllhba in 1986. Please advise us it this letter will satisfy the City's 1eglix®etits for an appeal of t]~e subject matter std when you w„fi~T 6eitcl able to ed~edule ua before the City Wimcil. We certainly r~aAC±r.ra ay help and assistame you can pawovide in this matter. Vety ZSUlY Yaltsr //// SFOpPltii CFNPF7i5 Gettaal Afrtrra ,75o:pw encl. x: R. Carlson G. m1111is R. @'aper r u~.o. T. Hetersen B. Robaxda W. Wood ~g5 i ~ ` I -~ LEMON W -H W ~ ~ ~I Q. O ~ v 2 Z o W R T Q~ 1~. z ~, 4 ~ "~ o-liry I O 1 tr~ 3 oS o i'ce` ~N z uo '~ ' 1 1=UTURE '; I FREEWA'~ CITY OF RANCHO CUCAMONGA ~i(~II~II+i(} DIVfB[ON nve-~ __ ~//~_zo~~o rV APPEftL '~ lPO~ CUP 8B-18 1TPL~ MED/AN oBn SL~l1! --- `~ U CITY OF RANCHO CUCAMONGA STAFF REPORT ~,^. DAi E: Novemoer 29, 1989 ?0: Chairman and Members of the Planning Commissi an '~ rROM: Brad Buller, City Planner BY: Bruce Abbott, Associate Planner SU&1ECT; ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMST 88-18 ' - - reques o mo y a prey ous y approve mas e-i-r~n~'or the Bevel opnient of a fast food restaurant pad in the Neighborhood Caeaerclal District on the northeast corner of Haven and Highland - APN: 201-271-66 AND 67. PROJECT AND SITE DESCRIPTION: A. Action 0.equested: Approval of detailed site plan, conceptual gra n~ndstape plan, floor plan and elevations and issuance df a Negative Declaration. B, Surrounding Land Use and Zoning: North - Single Fa~Tly Hdees: Low Residential Dlstri ct (2-4 dwelling units per acre) South - Vacant; Low Residential Dtstrlct (2-4 dwelling units per acre) East - Apartaw!nts; Med1uA-H1gh Residential District (14-24 dwe111ng units per acre) West - Vacant, Candaeiniuws, Shopping Center, Gas Station; Office Professional, Low-Nedtuel Residential Dtstrlct (4-8 dwelling units per acre), Neighborhood Caaserc 1 al C. General Plan Designations: Project Site - Neighborhood Coewerclai North - Low Density Residential (2~ dwelling ur.lts per arts) South - Low Density Residential (2~ dwelling ua14s per acre) Eazt - Mediu~-High Danslty Residential (14-24 dwelling units per acre) Nest - Ofttce Professional, Low-Nedtuwt Density Residential (4-8 dwe111ng units per acn), Neighborhood Coeaaerclal "/' PLANNING CCMII SSION STAFF REPORT CUP 88-18 - DIVERSIFIED Novendter 29, 1989 Page 3 8. Parkin The Droposed McDonatd's parking is 14 spaces short o e required number of pa rkiny stalls. This will result in a stared parking program with the shopping center. A parking study for the proposed expansion of the shoPPing center indicates that during the peak shopping season, the expanded center x117 experience a peak parking demand of shout 355 spates on weekdays and 520 spaces on weekend days. The total of 510 existing and proposed parking spaces is only 10 spaces less than the protected weekend peak demand for the fully expanded center, including Phase 3 which has not been developed. Dy adding 40 spaces proposed for the Phase 3 expansion of the center, the total number of parking spaces would be 550 exceeding the peak demand Dy 30 parking spaces. C. Circulation: A traffic study was conducted to analyze pro ec mpacts from the expansion of Lhe shopping center and the closure of Its Highland Avenue driveway. The study concluded that with the /mpiesientation of certain improvesients, contained in the Conditions of Approval, the access and circulation drives would be adequate. D. Design Review Caaaatttee: The Caeaittee (Chtttea, Tolstoy, "oleman rev ewe~iFe proposed protect on October 19, 1989 and recasssended approval subtect to the following revisions being reviewed and approved by staff prior to scheduling the protect for Planning Commission: 1. fie height of the tower roof should be lowered. 2. A catalogue cut of the proposed tables an4 benches at the patio should be submitted for review and approval. 3. The three parking stalls at the northerly terndnus of the "T" intersection of Lhe circulation spine should be converted into a planter area. ~. Enriched paving/pedestrian crosswalks should be revised at the "T" lnterixtian to sake an east-west and a north- south connection across the driveways, connecting the new proposed sidewalk at the northeast corner of the sublets Site with tp8 southeast carn~r of thw prvrnpQy_A rer..riai pad. (see Exhtbtt "B 3".) The foregoing revisions, as requested by the Cleslgn Review Coswtttee, have bean cosgleted and reviewed by staff. These revisions will be reflected in the Conditions of Approwl. Z - 3 ~~~ t :? n~ _, ~, i i 3 e 3~a.~. w-n-r~}- 7 ~~ ~ ~ ~ C> ~~3 III I III II .I ~ ~I~ ~''~ ~~~~~ ~- n~ i _ ~ ~- I ~ n Z W C ~ v ~~ ~I ;~ ~ a ::a ~ K .. c:: ~ z ~~_ U `~ ~ > U q ~,, O ~ z ~~~ U C~ a li~'ili,llli Ili I; III I ~; Ij~l !j ! fly ~~ 1 It .1 .I ill I~ 1~ yll IIr Ili ,I Il II II !'~ •j II lilt I ,il Il ii ~I ^ I!~ J~ i! ~~'I ~t ; ail 1~ 4 ii.. 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(~ j~ I~ lil;itf I ~ ~ ! Il;it h " j~lll~l ~,,~i!"! i I~lil~:.~r ~l,n: lll!I~~il i I ~ ,": ~ "IIIII ; s lll itllil ll "~; l;i ~ llf~lllllli! ~I:l l i! t tl~ ; ~ t i o© ~.. ~~ , I ~ ; ~ ,~ i;l I~s ! i; ~! !~~ I ~ I!;lc~ F :~~ ,,~ II, !, jy ~h'1 I j ~ :i~ h i 1 i~ ~I ~ 5 ~yll ~~i iry;~ : il!il: ~ 'il!!' IAN" ail U~~ III .lu 0,1111 a.l loi~l!~" ;! !;~, I! ; ~! is N h I,~i N~i~f~l , it i!i I ' h td Itl ~~ ' t ~ II!~~~ ltl~ ~II .Rli!~ ~~~ S ~. ~, `I •x ~~ 1I h a :l: ~_ F y ~~ U > ~~ ~~ Z Jd ~ ~-~S '. ~~8 M~ q~Yil ~ p r~ i y S a 9 i ~ ~ ~ ~ I y ~ r~ =i ~ ~ ~' -~ .--- ~. } J _~ iT ~ _ ~~~, ~_ ~ -.--~: 1: ti _ i ~~1 _ ~~ 3 ,I V li I ~+ \i I i~ ? c '_ \\ 1 ! 11 -'- ~~ ~.. i --T _ Z _ 1 'i . X99 I ~'j i ~~~ ~ l~l f t!li~~~lj ~~ ~ `~~; :; Q J t } i y~ if i 'L' iR. Q r,3y~.. ~ ta'i' ,~ ~~~~liliif i I~l~~I~~11~ S -~ ,~ Q ~, ~. I ~ ~ ~ °~ li I , =_ fir; J > ~~ ~. z r~ z ;., ~ < J ... I ~ ~ ` I --~ LEMON l ~ W W i. ICI ~ h v ?I ~I r; ai QI~, ~, ~ h 1n v 2N al, O `~ IW~ Y 1- ~ Z o =~ a~ ~ Up 4 v Q~ W r ~, ~~ t h ~ ~ ~,y.~ o° s $-~~$ U _ +. p ~ ~~ ~~'. F~rrU~~ FREEw~r CITY OF RANCHO CUCAMONGA 8N(~II~18®tII~ia DIV~ON ~~ J` ~ r I_ nvc-__ _` I~~^200 ~ V ~rF-ti+i- N 1Til~ CUP 88-18 T1TL~_M E,O/AN ~. B N 30~ RESOLUTION N0. g9-149 A RESOLUTION OF THE RANCHO CUCPMONGA PLANNING COPM[SSION A PPROI'I NG COr0ITI0NAL USE PERMIT 88-18 FOR THE DEVELO FM ENT OF A FAST F000 RESTPl1R PNT 1D TA LI NG 5,160 SQUPRE FEET ON 1.?4 ACRES OF LANG ON THE EAST SLOE OF HAVEN AVENUE BETWEEN LEMON AND HIGHLArU AVENUES IN THE NEIGHBORHOOD COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SU PPCRT THEREOF - ApN: 201-271-66 APD 67. A. Rx itals. (i) Diversified Properties Co np any [II has filed an application for Cord itional L'se Permit 88-18 as described in the title of this Resolution. Hereinafter in this Resolution, the sub,{ect request is referred to as "the app 1 icat ion". (ii) Gn the 29th of Novenber 1989, the Planning Commission of the City of Rancho Cucamonga condoled a drly notSced public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have oc aimed. B. Resolution. NOW, TH QtffOR E, tt is hereby fou rd, determined and resolved by the Planning Commission of the City of Rancho Cu camorga as follows: i. Ih is Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and cornet L. 2. Based upon substantial evidence presented to this Commission dining the above-referenced p~ilic hear irg on Novenber 29, 1989, irw ludirg written and oral staff reports, together with public testimony, this Coma ission hereby specifically finds as follows: (a}~-4he application applies to property located at the east side of Haven Ave rue between Lemon and Highland Ave rues with a street frontage of 225 feet and lot depth of 240 feet and is presently vacant; and (b) The property to the north of the sub~ett site is single family resid ent lal_ the nmpnrfy t_n, the ;OU Lh ii 'r scant, the finmerfv M t_ho_ east is m~ iii-fame iy resident tal, and the property to the west ~is vacant. 3. Based upon the wbstantial evidence presented to this Commission dining Lhe above-referenced public hearing and upon the spectftc findings of facts set forth In paragraphs 1 and 2 ffiove, this Commission hereby finds and concludes as follows: 3a~ PLANNING COMMISSION RESOLUTION N0. 89-149 0.1P 88-18 - OI VER SI FIm PROPERTIES COMPANY III Nove~ib er 29, 1989 Page 2 (a) The proposed use is in accord with the General Plan, the objrotives of the Development Code, and the purposes of the district in which the site is located. (b) The proposed use, together with the Condit tons applicable thereto, will not be detrimental to the public health, safety, or welfare, or mate pally injurious to properties or improvenents in the vic in itv. (c) The proposed use coirylies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed aM considered in coiryliance with the California Env iron~re ntal t)u ali ty Act of 1970, and further, this Commission hereby iswes a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Comm isston hereby aDProves the application subject to each and every condition set forth below and in the attached Sta rdard Cob it ions, attached hereto and incorporated herein by this reference. Plannfm Division: 1. The wbject restaurant and related improvements be constructed and mafntained to conformance with the plans as approved by the Plannfm Commission nn novenoer 29, 1989. 2. The use shall he operated in a manner which does not interfere with the normal use of the adjoining properties. Yf, in the opinion of the City Planner, this provision is being violated, the violations shall be grounds for reopening the CoMitional Use Permit hearings and adding conditions to control the violation. 3. No15e levels meawred at the property lice shall not exceed the level of bskground noise normally found in the area. 4. The premises chap be ken*_ clean arc! the operator shah make ai i reasonable efforts to see that no trash or iftter originating from the use is deposited an adjacent properties. Trash containers, as determined by the City Planner, shall 6e required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property. 3~a PLANNING CQAMISSION RESOLUTION ND. g9-la9 CUP 88-18 - OI VFRSI FI EO PROPERTIES COMPANY IIi Novertb er 29, 1989 Page 3 5. All graffiti shall be removed within 72 hours. 6. All parking tot madificat ions and re-stn ipirg within this shopping center shall be Corry le ted prior to occupancy. 7. Prior to issuance of any permits, the site plan shall he revised to incorporate all of the revised parking calcu la±ions carne sponding to modifications of the internal cireu iation and that the site plan indicate existing and future parking corresponding to the par+c irg study. 8. Final plans far the patio including outdoor furniture shail be reviewed and approved by staff prior to the is SU ante of any permits. 9. Enriched paving/pedestrian crosswalks should be shown at the northerly "7" intersection tp make an east-west aM a north-south connection across the driveways, connecting the sidewalk at the northeast corner of the sub,~ect site with the southeast corner of the proposed comce rc tai pad. 10. plans fcr all proposed enriched paving /pedestr San crosswalks shall be reviewed, and approved by staff prior to the issuance of any permits. 11. Samples of the con stru ctfon materials for the crosswalks, patio, walls, and fences shall 6e reviewed ar.d approved by staff prior to the issuance of building permits. 12. This approvai is granted contingent upon the applicant's obtaining approval from Lucky Stores of the parking lot configuration shorn in Exhibit "A" attached hereto; however, should the applicant not-receive approval from Lucky Stores, the applicant shall propose aiternat fve Darkirg lot schemes for approval by the Design Review Committee prior to issuance of building permtts. Erg ineer i.g ni"i~n,,.,• 1. M in-lieu fee for one half the Lost of constructing the ex l5tirg Haven Avenue median shall be paid to the City prior to the issuance of building permits. The fee shall be the City's currently adopted unit amount far Phase 3 times the length from a prolongation of the Lemon Avenue south right-of-way line to the centerline of the satherly driveway an Naven Avenue. 3b3 PLANNING COMMISSION RESOLUTION N0. 89-149 CUP 88-18 - OI VERS(FI ED PROPERTIES COMPANY III Nove~er 29, 1989 Page 4 2. Construct the Haven Avenue median south of the southerly driveway no further than Highland Avenue. The developer shall be eligible for reimbursement of one half the cost of construction from future development on the west side of Haven Avenue. In the event that construction of thls portion of the median becomes a City project, the developer shall participate in fu ndlrg one-half the project cost. 3. Complete street improvermnts on the east ride of Haven Avenue from the project south boundary to Highland Avenue, including curbs, gutter, street tights, AC pavement, and N rb-adjacent sidewalk. 4. Reconstruct the southerly drive approach on Haven Avenue and the drive aisle along the project Bath boundary as follows: (a) A design generally in conformance with the preliminary design shown on the approved sfte plan shall be approved by the City Engineer and written a9 reement obtained from Unocal prior to the Ssvl ante of building permits. (b) If agreement from Un ocat is not obtained, the project shall be redesiq ned to accommodate truck traffic by widening on the north side of the existing drive aisle to the sat !sfaction of the City Engineer. 5. Parkway and tandsc aping improvements along Haven Avenue shall conform to the results of the Haven Avenue beautification study. 6. The Secretary to this Commfsston shall certify to the aooption of this Re so lutlon. RPPROYED ANO ADOPTED THIS 29TH OAY OF NOVEMBER, 1989. PLANNING SSLON OF THE CITY OF RANCNO rprggnr{pA 3~ ~ PLANNING CQAMISSION RESOLUTION N0. 89-149 CllP 88-18 - OI Ve7t SI fIm PROPERTIES CQA PANY III Novenb er 29, 1989 Page 5 I, Brad Buller, Secretary of the Planning Co mnission of the City of Rancho Cu camorga, do hereby certify that the foregoing Re sa lut ion was di ly and regularly introduced, passed, and adopted by the Ptann ing Commission of the Cfty of Rancho Cu camorga, at a regular meeting of the Planning Cann fission held on the 29th day of Nove~er, 1989, by the following vote-to-wit: AYE`_. COlMIS5I0N ER S: BLAKESLEY. 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Motion carried b vote: AYES: COMA[SSIONER S: EA, 1a;NI EL, TOL STOY, NEINBERGER N"u ES: S: NDNE ' I. ENVIRONMENTAL ASSESSMENT AND CON]ITIO NAL USE PERMIT 88-18 -DIVER S[Ft m - A request tom i y a prev as y approv master p an or the eve oprre nt df a fast food restaurant pad in the Neighborhood Commercial District on the northeast corner of Haven and Highland - APN: 201-271-66 and 67. Bruce Abbott, Associate Planner, presented the staff report and presented a letter from Lucky Sin res opposing the proposed parking configuration. He suggested adding a condition to the Resolution requiring approval from Lucky Shares for the parking configuration shown in Exh fb it A, but allowing the cmfiguration shown in Exhibit Bas an alternative. He discussed the parking options shown in Exhibits R and B. Chairman M: Niel objected to the parking canfig oration shown in Exhibit B b ec al se of far park irg spaces along the driveway. He stated the City fs not in the position to resolve any conflicts between the applicant, Lu rky Stores, and the shopping center owner. He asked if the newly proposed cord it ion protected the City's t~terest. Mr. Abbott stated that if the applicant coo td not get approval from Lucky Stores there world be no project. Commissioner Tolstoy stated that when the item was reviewed in Design Review they requested a fence to block pedestrians from crossing in front of traffic. M~. Abbott stated that the plan would be reviewed by staff during Dlan check and the fence wa ld be verified dt Lhat time. Commissioner Blakesley asked if the authentic river rock was being aced. Dan Coleman stated the proposal tatted for La Habra stucco stone, as used on the remainder of the shopping center. He said that the Design Review Committee rxommended matching the materials to the rest of the center. Chairman ntntei opened the public hearing. John O'Meara, Diversified Shopping Centers, 2910 Red Hill, Costa Mesa, agreed wtth the staff report. He felt option A would be the best site alternative for the project and thought Wcky SNres would agree to the apt ton. He felt Planning Commtssion Minutes -11- Nove~er 29, 1989 ~~ option B would also work. I~ stated that the gentleman from Lu dcy Stores that needed to review the plan had been ill. Chairman Mc Niel asked rf option 9 were utilized if the four parking spses along the driveway tou ld be moved. Mr. O'Meara stated the spaces could be eliminated, as they exceeded the total park irg requ irenents. He abJec ted to erg ineering conditions 1 and 2, regarding Naven Avenue median require rmnts. He stated the original site plan approval in Aprfl 1985 and Parcel Map approval in August 1985 required in stalls son of a median, sub Ject to the approval of the City Engineer. He Mated that d:r i,:~ prwess irg the ity approved a 550-foot median aiorg the front of the center. He said at Lhe time there was an existing median approximately 200.300 feet from Lemon Avenue, and they were going to install the median from there to the end of their developne nt. Ne said Lh at plan was approved by the City Engineer in Rpril 1986. He stated that they were in the process of starting can stru ct ion and the Cf ty was in the process of deriding what to do with the Haven Ave rue med Ian. He said tM_ City contacted them and requested that they asphalt the area and pay a E65,000 in-lieu fee. He said at Lhat time there estimate for their cost to construct the med tan was only E47 ,000, but they agreed to go ahead and modify their plans and pdy the additional cost. He stated they neglected to Day bet aJ Se the City never sent a bill. He said when they were clearfng their bands the Gity said they had to install the median. Ne said now that they were in the process of constnrcting the Mc DOnd id's they have been condit toned to construct the median or DaU' in- li~ fees of 595,000 for 645 feet of median and coM itton 2 requires bui ldirg a median of 603 feet from their signalized entry all the way down to Highland Ave me at an estimated cost of 5178,000, bringing the total cost to apprcx ima to iy E275,000. He felt it was unfair to place these candit tons on such a small portion of Lhe overall pro Jat. He said Union 011 was not charged any median fee when they processed earlier this year. He believed that ,,,,1J ~~ly 6u,e CV pqp Cite soo,uw uwC ~irey or ig mai iy agreed co p4y, He stated Mc Donald's only has 263 feet of frontage and 1,248 feet worth of median is being required. He asked for removal of Engineering conditions 1 and 2. Chairman Mc Niel asked why the E65,000 wasn't paid. Mt•. O'Mea ra stated that the E65,000 wasn't paid becrose there was no paperwork on the modifications and no one thought of it. He said that they would not nave agreed to the change bade in 1986 tf they had been told the cost was going to be f275,000. He ahJected to the Engineering requireitent for installatfon of sidewalks along the Cal-Trans frontage. He felt that imp rove~rents were put in as part of the original shopping center and Mc Dona id's is 400 feet from where the sidewalk star =_ He said that Union 011 wasn't required to put anything in when they were approved. He ob Jec ind rn E,yin22riry couition 5 wiitCh required Thai Haven Aveme iandscaptrg be colleted in conformance with the Haven Avenue beautification study. He said that all of the Haven Ave rue landscaping has already been installed, and he did not feet it was appropriate to apply that cmditton at this time. Planning Commission Minutes -12- Noverieer 29, 1989 ~~/~ fiarrye Hanson, Senior Civil Engineer, stated the intent of the condition was not to require the developer to remove and replace ex ist ing laid scapirg, but merely to require that arty new work shald conform to the Haven Avenue lard scapirg. Chairman Mc Niel stated that the sidewalk, curb, and gutter were needed through the freeway right of-way even though it may not have been required of Union Oi 1. Mr. O'Meara stated that even though he did not want to spend the money for the sidewalk, he realized it was a needed item and he ryas willing to build it. Chairman Mc Niel stated that regarding the medlar. there would have been some normal escalations of costs since 1986. He felt it was the developer's responsibility to pay the 565,000 median costs without waiting for an invoice from Lhe City. Itu ss Maguire, City Engineer, stated that Ft Donald's does not stand alone. He said that when the parcels were created the original Parcel Map called for the construction of the Haven median. He stated the nex4 but ld ing would also get the same coM itions. He stated there is not agreement between the City and the developer regarding the events as they took place. He said the only legal doarmnt is a standard develaprmnt construction agreement whtch states the developer shall build the median and a surety bond was with it. He said there is no paperwork limiting the amount of the obligation or in-liar fee. He said the City can find no back up or paperwork that estab ltshes such a limit. Mr. O'Meara stated they have a plan signed by the Ctty Erg sneer. Mr. Maguire stated there was nothing an the plan that stated an in-lieu fee wa id be paid instead of the median construction. He said that Engineering cola is wn i was out or the nanas or the riann ing wmmrssion, as ti ty ~ourcii has adapted an ordinance that orders Commissions, Committees, and staff to ma ndatorily condition any maps, building permits, or applications to pay a set fee based upon cost. He said staff had explained to the developer that if they ab Jac tad to the fee, they mist approach the City Courcfl. He states that condition 2 could be modified by the P'annlrg Comm isslon. He stated that the City had bid the section out and the bid cace to a total protect cost of 5150,000. He said the City rejected the proposal becaise Cal-Trans was requiring certain items with the Highland/Ikven reopening configuration and the City was having to aktft Haven easterly, thereby wiping out a portion of the Haven median. He felt it would only be physically possfble to build a few hundred feet of the median, instead of the prv~ected 603 feet. Chairman tk Ntel stated that the burden of respm slbili ty is on the entire pro.i~t, not .lust on McOonald's. M•. O'Meara stated he had no way of billing the other tenants in the center, as Wcky, Pay Less, aM Union 011 owned their sites. Hearing no further testimony, the public hearing was closed. Planning Commission Minutes -13- Novenber 29, 1989 J~b Chairman Mc Niel stated that when the center was being built, the costs should have been attshed to the ind fvidual sites. Fie suggested rewording cord ition 2 to require construction of the Haven gverue median no further than Highland Ave rue. Commissioners Ch it iea, Tolstoy, and Ch it iea concurred with the rewoed ing. Conm iss inner Ch it iea felt site plan option B was unacceptable. Commissioner Tolstoy agreed and felt only option A should be considered. He felt opt~~n B was too mich of an obstacle course. Commissioner Blak es ley stated he was concerned with the layat bet ar se less than 60 percent of the parking spaces were available withat crossing a major drive afs .e for the whole shopping center. He did not wish to see kids traverse across a major drive aisle to reach the restar rant. He hoped there was at ?east a landscape barrier between the central parking and the driveway to discourage wa lkirg through the drive-through area to get down to the restau rant. Commissioner Ch it tea preferred some other alternative if option A cold not be uti 1 ized. Mr. Buller asked if option A was not acceptable to Wdcy Stores, if the Commissioners wished to have the alternate design returned to the full Commission or if Design Review Committee approval would be acceptable. Chairman McNiel felt comfortable with Design Review Committee approval becalse the item ww ld have to go through technical review prior to Design Review Conn it tee approval. r.,.....:. ~:...,,.... o,.~.,. L... ...x w ...:.......... .. ...e Motion: Moved by Tolstoy, seconded by Blakesley, to adapt the Re solution approving Env iron~re ntal Assessment and Condit Tonal Use Permit 88-18, with modifications to require approval from Wcky Stores for site plan option Aor an alternative approved by Design Review Committee and to require construction of the Haven Ave rue median no further than Highland Ave rue. Motion carried by the following vote: AYES: COMMISSIONERS ~AKESLEY, CHITIEA, MC NItl, TOLSfOY, WEINBERGFR NDES: CONA[SSIOMERS: IUNE ABSENT: COMMISSIONERS: -carried NEW 9JSINE55 Planning Commission Minutes -14- Novenber 29, 1989 ~/ RESOLUTION N0. 85-178 R RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALiFORNSA, APPROVING PARCEL MRP NUMBER 9416 (TENTATIVE PARCEL MAP N0. 9416) LOCATED EAST OF HAVEN AVENUE BETWEEN HIGHLAND RNO LEMON AVENUE ~dEREAS, Tentative Parcel Mao Numhar 9416, su!•^.i tted by Diversified Properties and consisting of 10 parcels, located east of Haven Avenue between Highland and Lemon Avenue be irg a division of a portion of Parcel 1 of Parcel Map 7264 as recorded in Book 81, pages 62 and 63 of parcel maps, San Bernardino County, California; and WHEREAS, on August 30, 1985, a formal application was submitted requesting review of the above-described Tentative Map; and WHEREAS, on November 27, 1985, the Pi anning Commission held a duly advertised public hearing for the above-described map. FOLLOWS: NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVED AS SECTION 1: chat the following findings have been made: 1. That the map is comistent with the General Plan. 2. That the Improvement of the proposed subdivision is COnslStPnt with tha fannral Ut~~. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: ThdC-this project will not create significant adverse er.vironmentT~cts and a Negative Declaration is issued on November 27, 1985. SECTION 3: That Tentative Parcel Map No. 9416 is approved subJect to wu~- thg r„C 0.".P.".en..e ,,,,,,,,, ~,vne of ApOYnvwi part dining innr ar ~, APPROVED ANO ADOPTED THIS 27TH DAY OF NOVEMBER, 1985. PLANNING CDMMISSION OF THE CITY OF RANCHO CUCAMONGA i BY: A ~ ~enn15 L. StOU , a Y'lllan /~ ATTEST: ~ C~~-~-~ ra u er, eputy ecret ary I, Brad Buller, Oeputy 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 Poncho Cucamonga, at a regular meeting of the Planning Commission held on the 2;:h day of November, 1985, by the following vote-to-wit: AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, CNITIEA, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~/~ CITY OF RANCHO CUCAMONGII RECOMMENDED CONDITIONS OF APPROVAL LOCATION: East side of Haven Avenue between TENTATIVE PARCEL MAP Ip: 9315 Highland and lemon Avenue DATE FILED: August 30, 1985 LE61LL DESCRIPTION: Parcel 1 of IpRIDER OF LOTS: 10 Parcel 'iap ;254 GROSS ACREAGE: i7.34 ASSESSOR PARCEL NO: 201-211-58 ***##*****#*********#***#***###****#*#####***R**###i****MH*##*********##***** DEVELOPER OIINER ENGINEER/SURVEYOR Diversified Prop erties Same Anacal Engineers, Co. 2910 Red Mill Avenue 1900 E. La Palma Avenue Costa Mesa. CA 92626 Anaheim . CA 92803 Inproveatent and dedication requireatents in accordance with Title 16 of the Municipal Code of the City of Rancho Cucaiaonga include, but stay rat be lisited to, the following: A. Dedications and Vehicular Acccss i. ueu i~aiiuns shaii oe maee or ail tnterl0r 5t reef rights-gf-way and all necessary easements as shown on the tentative map. X 2. Dedication shall be made of the following rights-of-way on the following street: (measured from centerline) 37 total feet on Lemon Avenue X 3. Corner property line radius will be required per City Standards.- 4. All rights of vehicular ingress and egress shall be dedicated as follows: X v. R2Li'yrUCai access easements and maintenance agreements ensuring access to all parcels and Joint maintenance of ali common roads, drives or parking areas shall be provided by C.C.6R.s and shall be recorded concurrent with the map. -1. 3~ X 6. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the map per City Engineer's requirements. X 7. Easements for sidewalk for public use shall be dedicated to the City where sidewalks meander through private property. 6. Street Improvements Pursuant to the iity of Ranch Cucamonga Municipal Code, Title 16, Section 16.?6.12", the subdivider may enter into an agreement and post security with the Cify guararreeirg the requ;red censfrucf ion pri_r to recnrdaton of the map and/or building permit issuance. 1. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights nn all interior streets. 2. A minimum of 26-foot wide pavement within a 40-foot wide dedicated right-of-way shall be constructed for all half- section streets. X 3. Construct the following missing improvements: urb e- r ve treet treet ~e an Street Name Gutter Pvmt. Malk Appr. Trees l.lghts Overlay Island* Other Lemon ave. x x x X X x Haven Ave. X X **X X X X X *lncludes landscaping and irrigation on meter **Meandering Sidewalk _ X 4. Prior to any work being performed in the public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. X 5. Street ,,plprovement plans shall be prepared by a Registered C1vi1 Engineer and approved by the City Engineer prior to issuance of an encroachment permit. X 6. Developer shall coordinate, and where necessary, pay for the relocation of any power poles or other existing public X 7. Existing lines of less than 66KV fronting the property shall be undergrounded. X 8. Install appropriate street name signs, traffic control signs, striping and markings with lacatlons and types approved by the City Engineer. -2- ~~/ X 9. Street light locations, as required, are to be approved by the Southern California Edison Company and the City of Rancho Cucamonga. Lights shall be on decorative poles with underground service. X lo. Landscape and irrigation plans shall be submitted to and approved by the Planning Division prior to the issuance of building permit. X _ 11. Concentrated drainage flows shall not cross sidewalks. Unders idewalk drains shall he inctaltnd t~, cjry ct 3nd 3rd<, C. Surety X 1. Surety shall 6e posted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements prior to recording of parcel map. 2. A lien agreement must be executed prior to recording of the map for the following: X 3. Surety shay, be posted and an agreement executed, guaranteeing completion of all on-site drainage facilites necessary for dewaterin9 all parcels to the satisfaction of the City Engineer prior to issuance of building permit for each parcel. D. Drainage and Flaad Control X 7. Privafn Arainanu nae umnnf< Fn. .l..F Arab..,... .~,.n w.. required and shall be delineated orr noticad on the final map. X 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adtacent areas. X 3. The following storm drain shall be installed to the satisfaction of the City Engineer (refer to Special Conditions, No. 3). X 4. Prior to'recordation of the map, a hydrologic and drainage study for the protect shall be submitted to the City Engineer for review. 5. A drainage detention basin per City Standards shall be 2GBSErurEFd En rieta in inrroaceri ru nnfi -3- ~~~- E. Grading X _ 1. Grading of the sub,j ect property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading Flan. X _ 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to issuance of building permit. 3. A geological report shall be prepared by a qu zl if ied engineer or geologist and subnitted at the time of application or grading plan check. 4. The final grading plan shall be subject to review and approval by the Grading Committee and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever tomes first. X 5. Final grading plans for each parcel are to he submitted to the Building and Safety Division for approval prior to issuance of building permit. F. General Re gulrements and Approvals X 1. Permits from other agencies will be required as follows: % CalTrans for Highland Avenue San Bernardino~C-oun~yy~lood-Eontro str ct - ~ Cucamonga County Nater District for sewer and water _ San Bernardino County Dust Abatement (required prior to issuance of a grading permit) Other % 2. A copy of the Covenants, Conditions and Restrictions (C.C.6R.s) approved by the City Attorney is required prior to recordation of the map. % 3. Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street ConSt tattoo. e a. San+tary seder and pater systems shall be desianei La Caca,-nonaa County Nater District standards. A letter of acceptance is required. X 5. This subdivision shall be subject to conditions of approval from CalTrans/San Bernardino County Flood Control District. X 6. Approvals have not been secured from all utilities and other interested agenates involved. Approval of the final map will be subject to any regdlrements that may be received from them. -4- 3~3 X 7. The filing of the tentative map or approval of same does not guarantee that sewer treatment capacity will be available at the time building permits are requested. When building permits are requested, the Cucamonga County Water District will 6e asked to certify the availability of capacity. Permits will not be issued unless said certification is received in writing. 8. local and Master Planned lrai is shall be provided in accordance with the Trail Plan. A detailed trail plan indicating widths, maximum slopes, physical conditions, fencing and weed control, in accordance with City trail standards, shall be submitted to and approved by the City Planner prior to recordation for and/or prior to building permit issuance for 9. Prior to recording, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District 82-1 among the newly created parcels. X 10. At the tinx of final map submittal, the following shall be submf tted: Title Report, traverse calculations (sheets), copies of recorded maps and deeds used as reference and/or showing original land division, tie notes and bench marks referenced. 11. Notice of intent to ,join the proposed Median Island Landscape District shall be filed with the City Council prior to recordation of the Final Map. 6. Special Conditions rnor to recordation, a Notice of Intention to form and/dr loin Landscape and Lighting Districts shall be filed with the City Council. The engineering costs involved in district formation shall be borne by the developer. X 2. Foisting overhead utilities fronting Lhe project will be required to be underground unless specifically waived by the Planning Commission as a part of the review process. Undergrounding tan be a lengthy process and if not coordinated at the eaHiest date may delay your project. X 3. Dralnade: a. A portion of Master Pian Storm Drain Line 3-H, located to the north pf the site, shall be constructed with sufficient inlet capacity to accept a minimum of flow from the north within Haven Avenue to offset the increased Clow generated by the development. Construction of this line shall replace the proposed retention basin. -5- ~3~ ~ b. Increased drainage from the first phase shall not be di rested to Highland Avenue, there crossing onto the private property to the south. It is acceptable to direct drainage to Haven Avenue by use of an interim earth berm or ditch, as sumtng line 3-H is in place. Subsequent phases of the development of the development shall be designed to direct all flows from the site to future Master Plan 4-N located to the east. Line 4-N shall be constructed with any future phases. X J. Traffic and Access a. A traffic signal shall be constructed at the intersection of Haven and Lemon Avenues, with the first phase. Cost of the design and tons traction shall be credited to Systems Development Fees. b. The pavement width of Lemon Avenue shall 6e as stated in the pro,{ect Traffic Report. c. The Interim access roadway connection to Highland Avenue shall be approved by Cal Trans. d. No development shall occur on Parcel 9 until Cal Trans confirms the final parcel size of Parcel 10, the future freeway corridor. _~ 5. Gradin a. Prior to approval of the rough gradfng plan, the applicant chap nnnnAi nalo vaAi nn nla_n. ..Hl •1... .~a .,..-~ pro,j ect to the east eta _v y~~ - yr4~ ~ ~~~~ provide a -compatible grading solution which eliminates any unnecessary retaining walls and/or slopes. b. Reconfigure grading to prevent runoff from entering handicap ramps. CITY OF RAMCIp CUCNIOIIOII LLOYD 8. NIIlBS, C/IT~Y EI~126INEE~Ry /~yJ~ -6- r~~ CITY OF RANCHO CUCAMONGA STAFF REPORT ,, GATE: January 17, 1990 T0: Mayor and Members of the City Council FROM: Brad 8ulier, City Planner BY: Brett Horner, Associate Planner I, SU &1 ECT: TENTATIVE TRACT 13303 - LENIS HOMES - An appeal of the ann ng mm ss on s ecis-d-'ion to~eny a request for a time extension for a residential sub df vision and design review of 96 single family lots on 13.98 acres of land in the Terra W sta Planned Cnmmu ni ty designated Low-ikdium Density (4-8 dwelling units per acre) located at the sou :liwest corner of Terra Wsta Parkway and Mountain Wew Drive - APN: 22'-151-13 and 14. I. RECOMMEN0.4T10N: Staff recommends that the City Council up-TioT3-£~Planning Commission's decision to deny the applicant's request for a one-year time extension for Tentative Tract 13303 through adoption of the attached Resolution. II. BACKGROUND: Tentative Tract 13303 was approved by the an7TTC-mmissi on on Decenber 9, 1987. The applicant, Lewis Homes, requested an extension on the tentative nwp in order to allow them additional time to record the final map. At its December 13, 1989 meeting, the Planning Commission adopted a Resolution of Denial for the extension based on the fact Lhat the project does not meet the Terra Vista development standards approved by City Council on December 6, 1989. III. ANALYSIS: The tract was designed to border the proposed IIicTiard-Avenue on the south. This street has since been AaletrA in Terra Wsta Planned Conmity Amendment 89-O1, wn1Ch was dpprOVed by Lhe City CWnCIi on Oecenber 6, 1989. In addition, the interior local public streets da not meet the current Terra Vista standard. The local street standard was changed with the Planned Community Amendment to include landscape parkways between the curb and sidewalk consistent with City-wide standards (60-foot right-of- way). The proposed tract was designed with curb adJacent sidewalks (46-foot right-of-wayi. Therefore, since this J~~v CITY COUNCIL STAFF REPORT TENTATIVE TRACT 13303 - LEVIiS NOMES January 17, 1990 Page 2 tract is not currently in conformance with the Terra Wsta Community Plan, a new Lract map which meets the current Terra Yista standards, will need to be filed by the developer for any proposed development. The anpli ca nt maintains that the time extension should Se granted because of delays in park and stormrater retention basin designs in Lhe Terra W sta Cmm~unlty. The Planning Commission understood these problems but concluded that they could not approve the time extension because of the recent ordinance revising the local public street design and deleting the portion of Orchard gvenue which bordered the tract. Res ilk itte i Br B qr City, lann BB: BH:js Attachments: Exhibit "1" - Letter from Applicant Exhibit "2" - Planning Commission Staff Report of December 13, 1969 Exhibit "3" - Resolution No, 89-151 Exhfbtt "4" - Planning Commission Minutes of December 13, 1989 Time Extension Resolution of Denial 1 Lewis Homes Management Corp. I! 56 Nort1 Mountain Avt nut / P.O. Doz 670 /Upland, California 917ft5 7 U~93$-0971 fAX: 714;981-9799 December 2E, 1989 City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonya, CA 51729 Re: Appeal - Tr. 13303 Gentlemen: -RECEIVED-~ ~v of ~!.aoaia+~- -...re~wa'w OECL?~ ~ 7~~t~ VIA MESSENGER Enclosed is our check for $126.00 in payment of the appeal fee on the above referenced tract map, extension of Which cads denied December 13th. Although I must say I appreciated Chairman PU:Neii's sympathi.z my with our plight and attempting to work out a way to extend the approval, the Planning Commission finally determined that they could not do so haranaa of Yhr rPranY aAn_nttnn of Yhc nrA inanrc amonAinn Yho Terra Vista standards. However, having had this project delayed for over a year by the stormwater retention basin problem, and subsequently delaying its final design to work voluntarily with the Parks commission or, redesign of the adjacent greenway/park system, we don't believe that this denial was equitable, and must appeal it. Had we chosen not to cooperate with the Parks Commission in studying the park system, we could have com- pleted improvement drawings and had the tract recorded well before the PC street standards were amended (over our rela- tively mild objections) to conflict with those under which this tract was designed. While a builder obviously never likes to delay a project in a hot market, we did so in an ~Y fn rL •A •tin •l.n .. 4 .~.~ and~now have^not•• only managed fto fm iss •the market, abut also face having to scrap our many thousands of dollars in com- pleted improvement drawings to return to square one, delaying the project still another year or so. ExN/c~r7" `3 ~ g City of Rancho Cucamonga December 26, 1989 Page Two please reconsider; we are willing to staff while we wait for our appeal to to us that the Planning Commission's not be .11 that difficult to address. Sincerely, LEWIS HOMES OF CALIFORNIA ~1 ~i Donald ~. Th mb pson Authorized Agent DMT:vs Enclosure cc: Brad Buller work with DRC and/or be heard, as it seems grounds for denial may ~a9 CITY OF RANCHO CCCAMONGA STAFF REPORT ~ C DATE: December 13, 1989 T0: Ch ai nnan and Members of the Planning Commission FROM: Brad Buller, City Planner ~~, i BY: Brett Horner, Associate Planner SUBJECT: TIME ER TENSION FOR TENTATIVE TRACT 13303 - LEI: IS HOMES - A rest en ra su iv sion an esign review a smg a amity lots on 13.98 acres of land in the Terra Vista Planned li Community designated Low-Medium Density (4-8 dwelling units per acre) located at the southwest corner of Terra Vista Parkway and Mountain View Drive - APN: 227-151-13 and 14. I. BACKGROUND: Tentative Tract 13303 was approved by the Planning ommi~ ssiori on Dece~er 9, 1987. The applicant, Lewis Fbmes, is requesting an extension on the tentative map in order to allow them additional time to record the final map. According to Lhe Develepme.^.t Code (Sec*.i on 17.02.1 OC 1, extensions on approvals mdy be granted in twelve (12) month increments, not to exceed a total of five (51 years from the original date of approval. II. ANALYSIS: A. General: Staff has analyzed the proposed time extension with die current development criteria outlined in the Development Code and the standards in the Terra Vista Community Plan. Based upon this review, staff determined that the project does not meet the current standards in the Terra Vista Community Plan. B. Issues: The tT3tt was designed to border the proposed Orchard vl~enue on the south. This street has since been deleted 1n the Terra Vista Planned Community Amendment 89-01, which was approved by the City Council on December 6, 1989. In addition, the Interior local public streets do not meet the current Terra Vista standard. The local s*.ree*. standarC w s changed with the Planned Community Amendment to include landscape parkways between the curb and sidewalk consistent with City-wide standards (i.e., 60-foot right-of-way). The proposed tract was designed with curb ad,facent sidewalks (i.e., 46-foot right-of- way). Therefore, since this tract is not currently to conformance with the Terra Vista Community Plan, a new tract map which meets the current Terra Vista standards, will need to be filed by the developer for any propsed development. 33c> PLANNING COMAI SSI ON FF REPORT RE: TT 13303 -LEN IS HOMES December 13, 1989 Page 2 III. RECQMENDAT ION: Staff recommends that the Planning Commission deny e app scan s request fora one-year time extension for Tentative Tract 13303 through adoption of the attached Resolution. Re spec~lly submitted, i l- _ brad City P1 ner BB:BH:ko Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Location Map Exhibit "C" - Site Plan Time Extension Resolution of Denial ~/ Lewis Homes Management Corp. NSF ryorth Mountain A.couc ~ P.D. Box 5701 6'pland, California 91765 (~~ ~,R ];. 9d5~OS71 FAX: 714.'981-9799 ^~l of ECE~Y[(y~ °rANRNn~Ar. ~~MON• November 1, 1989 ~b NOVO31983 718i91N~lltpl1t2i8~SpM city of Rancho Cucamonga Planning Division ' P.O. BoX 807 Rancho Cucamonga, CA 91730 Attention: Dan CGleman Re: Tract 13303, Tentative Map Extension Gentlemen: Because the storm drain design of Tract 13703 was delayed for over a year by the park/basin issue and, more recently, by the redesign of the nearby park and greenway system as reflected in Plan Amendment No. 6, our related infrastructure plans are not fa>.~ enough along in the annroval process to allow recording the map before its expiration. Therefore, please extend the expiration date of the tentative map approval. we intend to sca rt grading as soon as the windy season is over, and start construction of the houses in February or March. Thank you for your anticipated cooperaticn; a check for the $62.00 fee is enclosed. Sincerely, Lewis Homes Management Curp. i ' ~l~_ ~ r Don Thomp o5 n ~,/ `^ DMt:cs Enclosure EXh,6;t-i~ „ ~ 3~ 81TE OTILWTION AND NATII~.V. PIATUW eW TENTATIVE TRACT NO. lii0i .~~ :.:.:a2,:.~... _ - -..__.._. _-zr- .uw.. ~~~I •.•` •.•.._• N Mt 1~.~~ n~i ~[~~~ ~II~40~~~tWT ., _ ... ~~ '-~,„~'. :: I i, suet a ( //"` I~l~ y//T ....._ ..u ~.~ ~ ' ~ ~~ t` ~ I ~ ~~1~ ~ ~ ~ •~Ja'~ F' \ I ~ .. ~ 5 Y •„ ~\ V `V `JORTH CITY (~' ITEM: fil /3~3 _ RA.'VCI-IO CL'~.bIOI~KiA TITLE: ~~~/OY/ ~l'MT- PLPu'YtiI:VG DIV1SIOlV EXHIBIT _B SG~I.E : '~ ~:'~ 33 DETAILED SITE PLAN TENTATIVE TRACT NO_13J03 ~E ,~,. .~-~ ," \ yak -.~ ;;. '•a„ , _ ,~^ ~ a ~ , .,. , ~= _ ~ rorFprrnuhK `~ ~ ~-^ , ,~,~ ~: ,~,\. ~~ ~ ~ ~~ • i/,siu ran ~~ ,~ „w / ~~ ~~ L ~c ~ ~s, <~. ' ~ • ~ \ s • f .~;. /~ ~" .~ ~/ d.r~ ~ .,...., . ~ ~; n l of a %-~e,al Q GNGfd ~(!Lf` W~f~nih Ir~~ Ti_y_ ~ _, _T. ~ ~~ ~" VII -....,.,.,.-;~..r i .M .~.. 'NORTH R.`~.~~~ C~AiE~ TITLE: «gf~ ("i1Q~ _ PL..~NNI;~1G DIVlS10[V EXHIBIT: G _SGLE: VL'`~~- ~~~y ~. RESOLUTION N0. 89-151 ..a ~ A RESOLUTION OF THE RANCHD CUCIWONGA PLANNING COMMISSION, DENYING THE TIME EKTENSION FOR TENTATIVE TRACT 13303 - APN: 227-151-13 AND 14, AND MAKING FINDINGS IN SUPPORT THEREOF NHE.°.E?S, a request has been filed for a base extensiun for the above-described project, pursuant to Section 1.501.83 (b) of Ordinance 28-8, the Subdivision Ordinance; and NHEREAS, the Planning Commission conditionally approved the above-described tentative tentative tract; and NHEREAS, The Rancho Cucamonga Planning Conmission finds that the tentative tract described herein is in conflict with the directions of the Terra Vista Community Plan, as amended; and NHEREAS, the tentative tract described herein does not meet the current Terra Vista Community Plan standards, as amended, with regard to latal street design and does include a portion of Orchard Avenue which was previously deleted. NON. THEREFORE BE iT RESOLVED, that the Rancho Cucamonga planning Conmission hereby denies a tfine extension for Tentative Tract 13303. Arrxuvey AN/ AuUPItU IH1S 13 fH DAY OF DECEMBER 1989. PLANNING C ISSIO~~NjjOF THE C TY OF nRANCHO CUCMlONGA BY : /.1.., c~C, i~ ~ ~~tJ~ I, Br$d Bul).Er, Secretary of the Planning Commmmission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Compaission of the riry !+f Rancho Cucamonga, at a regular moet!n9 of the Planning Commission held on the 13th day of Deceaber, 1989, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, NEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BLAKESLEY Exrt~b it 3 335 ,,...~ Mot io Moved by Ch itiea, seconded by Weinberger, carried with Blak y absent, adopt the mina tes of November 29, 1989, as acre riled. : « .. : F. ENV1~_~ENTAL ESSM ENT AND CONDITIONAL USE PERMIT 69-29 EW DROP INN - ~~~a raquest - - nisi a mar ~ a ~easa~ space o ~„~., square Beet within an existing b_'lding on 1.09 acres of land in a Commercial Office District, Subarea 3 o he Foothill Boulevard S ific Plan, located at 9583 Foothill Boulevard - 208-261-47. H. ENVIROMi ENTAL ASSESSMENT AIO ELO PME EVI EW 89-i6 - CNI LI'S - The deve opnent of a re stau ra rrt Iota square feet within the Terra Vista Town Center on 1 acre of la the Community Commercial District of the Terra Vista Planned Co ty, ated at the northeast corner of Haven Avenue aril Foothill Bou aril -APN: 1077-421-05. Chairman Mc Niel opened the is hearing. There were no public nts. Motion: Moved olstoy, seconded by Ch it lea, carried with es ley absent, to continue vironrrental As sessnent aril Conditional Use Pe 89-29 and Environme Assessment and Development Review 89-16 to Oa w any 10, 90. . + • e A. TIME EXTENSION FOR TENTATIVE TR POT 13303 - LEWIS HOMES - A residential sub ivis ion a es ign review of singe amr y ots on 13.98 acres of land in the Terra Vista Planned Conrru ntty desfg sated Low-Medium Density (4-8 dwelling units per acre), located at the sa th west corner of Terra Vista Parkway and Mounta fn View Drive -APN: 227-151-13 and 14. Don Thompson, Lewis Horses, P. 0. Box 670, Up la rd, requested that Item A be removed from the Consent Ca le rdar. Chairman hkNiel opened the public hearing. Mr. Thoim son stated con stru rtinn had been delayed for over a year in the park detention basin controversy until tney gave in and agreed w only one detention basin instead of the two called for in their contract. He stated they subsequently voluntarily delayed construction in order to work with the Parks Commission in the redesign of the YhC A/p ark site, which necessitated redesign of the storm drain. He said they were now ready [o proceed with plan check on the 96 stngle family units, which were originally approved. He Planning Commission Minutes -2- Dece~er 13, 1989 ~xN~~~r ~ 3 ~~ stated that if the time exte nsicn were denied, they would return with a denser project of probably 160 town houses. Chairman Mc Niel stated the City Council has passed an ame rdment with respat to the street widths, cal ling for 60 feet and the Planning Conn ission did not have any option other than to deny the time extension. Mr. Thompson asked if they could keep the 46 foot~ide streets if they went to a gated community. Barrye Hanson, Senior Civil Ena ineer; stated that if that' rant to naiad streets it world be hard to find the final map to be in substantial compliance with the tentative map. He stated at the request of Lewis, orchard was tieing deleted on the southeast corner, and that aiso affects the map. Mr. Th omQ son stated Lewis had spoken to Shintu Bose regarding the possibility of taking the portion that was to be Orchard Avenue and making it part of the g reenway. Shintu Bose, Deputy City Engineer, stated he told Lewis to go through an acre rd rrent prxes5 before finalizing the map. Chairman Mc Niel asked if the Planning Commission ca ld delay action in order to allow Lewis time to work with Planning and Erg ineering on alternatives. Ralph Hanson, Deputy City Attorney, stated that during the request for extension and/or appeal process, the time lines have keen tolled and if the applicant returned wrth a finai map d~nnq that penod, the Cr ty wuu ld have to accept the map, compromise to do a private, gated commmity while awaiting to go to City Council. Chairman Mc Niel asked if it would be possihle to delay action aM extend Lhe existing map without giving a full ore-year extension. Barrye Hanson stated that once the request is filed, there is an automatic extension of 60 days or until the Planning Commission acts. Chairman McNiel asked if the final map were produced prior Co Planning Commission action, if it world be considered in conpliance even though it were not in coripliance with current code. Mr. Thompson stated he thought the final map was in for plan check for a long ntl fn !FO .m M.mn• An• !AH Cm {nnn..: nn b~A nn! _ ..lM !M .1 .._ pr -., ~ ..~ ,..y. ..y 2t' .~., .~~ ~~~~~ because they were tryingVto resolve problems with the~drafnage. Barrye Hanson stated that the Drab lems were parts of the inprovenents of the whole Terra Vista Droject and it is Terra Vista's responsibility to complete the infrastructure inQrovenents. He dfd not feet the City slowed up the process. Planning Commission Minutes -3- Decenber 13, 1989 ,~3 7 Chairman M: Ni e1 closed the public hearing Commissioner Chitiea felt that if the applicant were allowed time, they would go ahead and file the final map and the City wi 11 have lost the opportunity to get a project that meets current standards. Commissioner Tolstoy stated there would be no opportunity for changes. Commissi ~~er Chitiea stated that if the project were denied the developer could c ne back with the minor modifications needed to get it right. Chairman Mc Ni el stated that he was not responding to the veiled threat of increased density. Commis sinner Chitiea felt that a denial would not necessarily mean that Lewis would be allowed a denser project, as any project would still have to proceed through Design Review. Commissioner Tolstoy stated the deleted portion of Orchard still needs to be resolved. Commissioner Chitiea felt that the City should take the opportunity to get it right. Ibtion: tbved by Chitiea, seconded by Tolstoy, to adopt the Resolution denying Time Extension for Tentative Tract 13303. Motion carried by the fallowing vote: AYES: COMMISSIONERS: CHSTIEA, MC NI EL, TOLSTOY, MEINBERGER ruts: ~ummr»wwcwn: runt ABSENT: COMMISSIONERS: BLAKESLEY -carried +. ~ +,t u ng a eve ons an e i e s e pan or a previously approve tive tract map consisting of 145 single family lots on 23.9 la the Low-Medium Density Residential District 14-8 units per ac the Wctoria Planned Community, lot a northeast corner of Line Road and Belvi (Ellena Nest) - APN: 227-081-06. Steve Ross, Assistant Plan ted addition of a condition to require the siding to be car rw nd uie iei.u rni iiu ry of ail units w~i ith have siding. the condition was d at Design Review. el asked if the applicant had been adlTll~Q,f the additional Planning Commission Minutes -4- December 13, 1989 ~~~ RESOLUTION N0. 90_ ~,..7~ A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A TIME EKTENSION FOR TENTATIVE TRACT N0. 13303 - APN: 227- 151-13, AND 14, AND MAKING FINDINGS IN SUPPORT THEREOF A. Reci ,.als. (f) Lewfs Homes has filed an application for the extension of Tentative Tract No. 13303 as described Tn the title of this Resolution. Herefnafter in this Resolution, the subject Time Extension request is referred to as "the application". (ii) On December 9, 1987 this Commission adopted its Resolution No. 87-216, thereby aDProv ing, subject to specific conditions and time limits, Tentative Tract No. 13303. (iii) On November 3, 1989, the applicant filed far a Time Extension of Tentative Tract 13303. (iv) On December 13, 1989, the Planning Commission adopted Resolution No. 69-151 denying the request and making findings in support thereof. (v) On December 27, 1989, the applicant appealed the Pianning Commission's decision to the City Council. (vi) All legai prerequisites to the adoption of this Resolution have occurred. D. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the Ctty of Rancho Cucananga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Pert A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council, including written and oral staff reports, this Council hereby specifically finds as follows: (a) The previously approved Tentative Map is not fn substantial compliance with the City's current General Plan, Terra Yista Community Plan, Ordinances, Plans, Codes and Policies; and ~~/ CITY COUNCIL RESOLUTION N0. TIME EXTENSION TT 13303 - LEWIS NOMES January 17, 1990 Page 2 (b) The extension of the Tentative Map will cause significant inconsistencies with the currant General Plan, Terra Vista Community Plan, Ordinances, Plans, Codes and Policies; and (c) The Tentative Tract described herein does not meet the current Terra Vista Camunity Plan Standards, as amended, with regard to local street design and does include a portion of Orchard Avenue which was deleted. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Council hereby denies the appeal of the Planning Commission 's decision to deny a Time Extension for Tentative Tract 13303. 4. The Secretary to this Council shah certify to the adoption of this Resolution. ~yv CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Council and L1ty Manager FROM: Russell H. Maguire, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: Consideration of the modified alignment for Summit Avenue west of Etiwanda Avenue to Tentative Tract No. 13812 - watt Southern California Development RECOMIEMDATION: Staff recommends the modified alignment, including the need to relocate or replace the garage structure, be approved. Also, that the previously aDDroved concept of condemnation proceedings be reconfirmed. BACKGROUND/ANALYSIS A staff report was pr=:sented before Council at the August 17, 1988 meeting, seeking direction concerning the use of condemnation proceedings to obtain off-site rights-of-way for the subJect pro~ec t. Council approved, in concept, staff's recommendation of using condemnation proceedings. The alignment was also presented before Council and was approved (see attached Exhibit "A"). The alignment provided for avoiding all structures. Since then, the developer has had a more detailed analysis of the alignment and communications with the property owners. He is requesting a new aligrxnent (see attached Exhibit "8") which will encompass the relocation or replacement of a garage structure. This alignment will better suit the needs of the City and the ad,{oining property owners as a whole. The communications the developer has had with the property owners has proved to be very beneficial. Most of the property owners have been very cooperative, however, a few are reluctant. If the alignment is approved, the developer will be officially requesting the City to commence with the condemnation proceedings for the reluctant property owners, ResoecL~~submi tted, ~.. ~~ AttacMuents ~TI a z ~ ~. ~ ~~ ~ I O '3J 1 N n ~~~ ~j ~ 1 ~ -. ~~ i ~~ r ~~ o~ Z .~ i as !~ ~~ b 70 ~ b T ~n pN T y J i ~i~;.~~ ~~ ~ P ~~ I ~+I' ~ i 1' i i~ S I ~ i ~~~. ~, I~ i ~~~ - i i 1 ~ ti.j `.....t.l 2 3 E'~Wa~.Co ~-__ G~~ .~- ~t R "- ~ ~- 3 ~~ I/~~i // w r i ~~ "'ro Imo'- G i~ fi + Q L:J 1 ^1 A_ Jt. _ Vl~ ~~ I ~~ ~ ~a R ~ I~ ~~~ ~y3 - ~ ~ t•. --- r : ~:~ ~~~~ ;~i ii '~] '-~:'~+~J~ 1 >C+;~ E ~~'~. -. .,.._. 1~ ,. I ~, ~~ ~,~ ~ ~ „; 1, I "p ~r s4ee! 9' y -- °"'°wcn T -_ "~ _ !~1 ~ 1 ~ i~ I L =11 L~ ,' r I I 1 ~~ I ~'' I T -~ w ~~ll*ii ~~ ~~ ~~ i ~ ;;, ---. iii ~. ~ i ~ ~ ~; rl as ~;' ti~ ~ ~~~ ~o ~- ma ~ - I 3 '~ ~ ~ ~ ~!~,~~, ~~y '° ~l ~ ri_ ~~ M ~_ N can O ~~ ~Ya a ~° f° t ~ _3 t L ? T ~ I 1 y teals ~,~, .3yS a~ a Sj~~ i r A O I^ fy ~~ ~~ w rn ~ ~+ y R1 Z m o 0 7 o a w o m ~~ rn ~~ ;~ ~~_ ~d• S~ ~ e 4 ~,~, I ~~~ :; ~~ ~~ ~~ i~ ~.~ E ~~ s ~ o ~~ t ~~ 3~ 4 ! i i~ qa ~:i tqa e s,.. aYi~. ~Y' ~~ s~ at ~~ ~s ~~ ~~ ~' §; f -rcwncr.----'-~ ~ .; m 3 ~'€ N3~ ~ ~~6~ ~°~ 0y~ ~ 3 ~;~ W o ~ E.....3 __ 3 -~ - ...~: ~m ~~ a y ~' ~F i~ 3€ ~~ i5 c= f~ ~ t;:~ ;f~' ~ ~~~s ~ =~aY ~ YY['tt7 I 5q~i s3~ ~^ e~ 1~ ~~ 9 3y7 SjiS. s ~6gO ~. ~a T a ~~C ~3~ ~~ WZy Ya ~om w°~ ~~ a . y . ~ I ~ ~f F F ~ ~ 4~ ~A a~ ~ ~ ~ 3 ~~ € ~ 3 i ~ I ' ti l~ i~ ~y~ - CITY OF RANCHO C;UCAMONGA STAFF REPORT DATE: January 17, 1990 T0: City Councii and City Manager FROM: Russell H. Maguire, City Engineer BY: Dan James, Senior Civ11 Engineer SUBJECT: Consideration to modify eliminate the installation family residence addition (APN 227-121-22) NECDMIEMDATION: C- a condition of approval to ill of street trees for a single at 13181 Victoria Street Staff recommends that a tree easement be granted to the City for the existing trees outside the public right-of-way along the frontage of a single family residence at 13101 Victoria Street and that such easement granting be accepted in lieu of the installation of new street trees along that frontage. DACKGROUND/ANALYSIS On June 16, 1989, Engi neertng Division received an application from Ma rcha ibnk RanYC and .lamne Ra nine .lr for a room addifi nn fn an existing single family residence located at 13181 Victoria Street. In compliance with the City Code and the Etiwanda Specific Plan, the subject property was conditioned to instail trees within the parkway for windrow reestablishment. Guring the course of review it was noted that an existing eucalyptus windrow exists on the property, a few feet behind the right-of-way. Upon the recommendation of an arborist report, it was mutually decided that to install new trees in the parkway, adlacent to the existing trees, would be futile. My new'E~rees installed in this situation would result in unhealthy trees. Sn keeping with the Etiwanda Specific Plan, as a viable alternate to planting a new windrow, the City Engineer suggested that the property owner Drool a tree easement to the C1 tr for the extsti na windrows. Prior to the Ctty accepting the existing trees, the property owner would be responsible for providing an arborist report as~to the health of the trees. He would also have to provide a trlaming of the trees to City's satisfaction. Ali future maintenance would be the responsibility of the City. ~ y~ CITY COUNCIL STAFF REPORT 13181 VICTORIA STREET - APN 227-121-22 JANUARY 17, 1990 7AGE 2 A concern from the property owner in regards to future maintenance of the trees by G1ty forces has been received. The trees would be maintained in the same manner as other trees under the ,jurisdiction of the City. There would be no special considerations Drovided. This is being presented before the City Council in resoonse to the letter received from the property owner, copy attached. There are other options discussed in the letter. It is our opinion that the requirement of the tree easement is the best option to oursue. Resp submitted, ~:DJ:s / Attachments ~~ ~° ~ Q o -~ a C d ~ °x z a ~ ~ I U Z~ y ~i 10788 Civic Center Drive Cucamonga, Califor nia 9173D 29-December-1989 Planning Commissior. oc -RECEIVEO- City Council or both m~~~~ Attention ?lane ing Division 'm M/MMP TaewN City of Reecho Cucamonga ~pN x 1990 9320 ease :.ne Road Rancho Cucamonga, California 9ll29 Yf ~y~.rt~~_~sea ~~f~Wp1~~p RE: 13181 Victoria, Etiwenda plan check number 89-7235 a Oear Mr. Buller: I am writing at your direction to explain the situatior. concerning the City's wind break requitement at our ces idenee in Etiwenda. Ouc refers [o Marsha Meek Banks and James Banks, Jr., husband and wife as community property, heceaftez also called applicant. We live within the area of the Etiwenda Specific Plan. The Etiwenda Specific Plan requires the planting of wind breaks in specific locations. One such location is in the toad easement along the south side of Vic turia Street. Ouc property is on the south side of '/ictcria street. We have 33^ feet of frontage ale..^.g Victoria. We have an existing wind break which is parallel to the required wind break but about 15 feet south of the required wind break. Our exist ins wind break is aooroximately 7S veers old and contains many mature and healthy trees. We filed an application for a permit to add on to our house in May of 1989. Approximately 4 months into the plan check process, the Eng in eecing Department informed me that it would be necessary to plant a new wind break in the correct allignment in the road tight of way. I explained to them that there waa an existing wind break of mature trees just 15 feet south of the wind break they wished me to plant. Their reply was that there is a requirement for a windbreak in the road easement and that~ihey had no power to vary the application of the requirement. On or about September 26, 1989, there commenced a period of discussion about how tc handle the wind break requitement. Brad Buller, the City Planner, worked dili4enti_Y tc conceive cf and explore a.ternatives to the requirement. Several were suggested by hlm or by ua but none has met with the unconditional approval of the City Engineer who, with some exceptions, stL11 takes the position that he does not have authority to accept anything other than the required wirtdheeak. ~S a Planning Commission or City Council necembec 29, 1989 Page :. In our pre sent view, the alternatives are as follows: _. Plant the required trees in the required place. 2. Waive the planting of the required trees in the cequired place. 3. Require the planting of an equal number of trees in another place. 4. Obtain a bid for planting the required tees and pay that amount to the City Eor planting of the trees at another time or place. S. Give the City a "tree maintenance easement" to maintain the existing wind break until it dies. 5. Give the City a "covenant lining ..i th the land" to plant a new wind break in"the cequired location. There may be other options as well, but no other options have been explored at the prasent time. The applicant is amenable to new and different suggestions. Option l: It is desirable to plant the trees as required because it confo[ms to City rules. It is undasirahle to plant the trees as required because they will either languish or die. If they die, the goal of planting the required trees will have been frustrated. IE they Languish, not only will the goal only be partially fulf tiled in the place the City waurCS the trees, but the overall goal of the etiwanda Specific Plart Mill be frustrated because the new trees will compete with [he old trees and either damage oc k111 them. See the ar borist's report previously obtained at the suggestion of Brad Buller and submitted with a request Eor relaxation of the wind break requirement in its litE:al application. The applicant regards this alternative as absurd, but will comply with it if directed to do so. The arborist's report explains the absurdity of this option. ~~3 P Lanning Commission ac City Council ^v ecember 29, 1989 ?age 3. option 2: It is desirable [o waive specific planting requirement because i[ will interfere with the mature and healthy wind break already i- place neat the required Location. The goals of the E *_i wands c~nrif it Plan will he fnlf ille d. The esistina wind break will he preserved. Lt is not desirable [o waive the required planting, from the City's perspective, her ause it constitutes a technical violation of the requirements of the Etiwanda Specific Plan. The applicant is dedicated to the preservation and enhancement of the wind break system in Etiwanda. The applicant will maintain a wind break near the required location and, if and when it is appropriate, will plant a new wind break in the required location. There is no need to impose a requirement to install a wind break as a condition of approval of the building permit £or art addition at the present time. The dwelling unit being expanded sits in the cente[ of 5 acres. At such time as there is other improvement to be done on the 4+ empty acres, the City will have another opportunity to impose wind break requirements which may occur at a time when a new wind break makes more sense. option 3: It is desirable to require os to plant 130 £eet r,f Euca Lyptus trees to enhance and preserve the Etiwanda wind break system. It is more disirable to have the new trees planted in an zrea a ~.. .:tt o..tfttt •no ~hionH vna of *h< chiwanda Fnar.if is Plan and _not have an adverse affect~on existing wind break. It is undes icable because it is not in strict conformance with the requirements of the Etiwanda Specific Plan and may raise some question about the future maintenance of the trees planted in other locations. IE the City really wants to tarty out the goals of the Etiwanda Specific Plan without being tied to rigid requirements, the applicant can plant wind break on art adjacent parcel with 230 feet frontage on Victoria and which has no wind Creak at a11. Because this property is held in a limited partners hip the ownership of which is primarily held by a pension plan, it is unlikely that the City will have the opportunity to obtain a wind break in this Location for decades. The applicant regards this as the most sensible alternative from the standpoint of the overall goals of the Etiwanda Specific Plan. Option d: The option to pay into a tree fund is desicab le because it gives the City maximum flexibility to improve the Etiwanda wind Creak system in the required degree, without adversely affecting existing wind break. it is undesirable in that it is not in strict rnnformance with the Etiwanda Specific Plan. ~y ?lanning Commission or City Council December 29, 1989 gage 4, The applicant would be happy to pay the cost of planting the trees into a tree Eund to he spent by the City on the Etiwanda wind break system a` the time and place deemed best by the City. This is similar to Ootio r. 3, but gives the City greater flexi6 ility. Option 5: The City is willing to accept an easement to come onto the property to trim and otherwise maintain the existing wind break. This is undesirable because it gives the City responsibility (legal Liability) Eor the existing trees. It is desirable because it is an aLtarnative to Option 1 which the City seems willing to accept. It is further undesirable because the applicant, having seen municipal tree trimming in Ontac io, Upland and Claremont, is unwilling to give the City unEette red discretion in the maintenance of the trees. This is the least des ira6le of all of the alternatives from the applicants' standpoint. The applicant would agree to this option only with stipulations about notice to the applicant and strict adherance to written trimming guidelines. Option 6: A covenant cunning with the Land is the promise of the owner, binding or. Lhe is nd itself, to EuifiLi a ce[tain promise. in this case, the owner could promise to put in the required wind break when the ezis[ing wind break died or was otherwise removed. The aAvantgnP is Yh M fhP r1tV ran Pcenro that ih will have a winA h.PP~ at the appropriate time without adverse affect on the existing wind break. The disadvantage is that the City is unaccustomed to working with such a device. A written peoposal for a covenant running with the land has been submitted for consideration. IE the City can assure itself that a covenant running with the land is a legal device which would achieve the City's goals, this Ls the device with a minimum of detriment to the City (compared with the responisihility which is associated with Option 5) and most likely to produce the desired result of a wind break in the City's required location at the required time in the Future. Summary: The applicant is willing to go along with any of the alternatives except an unmod iEied Option 5. The applicant simply S_PP_KS_ a_ _r P_a__C n_n_P_n_ P_Cnt_1 _n_C_P_ F_n_ f_n P_ r_1_IP_Tn a__ i__F r_n P_ r_hr_I r_P_ 1_Q_ Y_h>_Y_ f_h P_ r _~ ..... .. .. wind break must be planted in the required location, then the applicant will comply with the knowledge that the applicant has done what can reasonably he expected to bring the dilemna to the attention of the policy makers who have decided to adhere to the letter of the law at the expense of the overall purpose of the laa. (\ cerely, '_ es Ir~~- a JB/dn /~ 5 - RANCHO CUCAMONC;A FIRE PRO'CECTION DISTRICT • . STAFF REPORT _, ::. DATE: January i7, 1990 mn: Mayor a^d Mcm,.crc of the ., ty .,v v..,.~~ ", FROM: L. Dennis Michael, Fire Chief SUBJECT: SAN BERNARDINO COONTY TRAOMA CARE SYSTEM Recommendation Consideration for approval of resolutions requesting support from the Board of Trustees of San Antonio Community Hospital and the San Bernardino County Hoard of Supervisors to re-establish a trauma care center within the western region of San Dernardino County. Background On December 5, 1989, the Public Safety Commission considered the background and current status of the trauma care system iu Seu oea uecuiuu ~,uw,~y, ~6ee nxi,i ui~ wu. ii. the Commission then adopted Resolution No. 89-003 and recommended the City Council consider adopting companion resolution(s) supporting the reinstitution of a trauma care center at San Antonio Community Hospital. Exhibit No. 2 is a copy of the C'ommission's resolution and minutes regarding this subject. Local support is considered a vital link to our endeavor of estab li.shing ,y trauma care center within the West End of San eeruardino County. Hospital and County officials have expressed their desire to improve trauma care in the West End. Therefor=, we are requesting the Council consider adopting two ( 2 ) resolutions, ( Exhibit Nos. 3 6 41 , which will be forwarded to the Board of Trustees at San Antonio ~..,,..,,..., ty .. opi ,.,.. . ..... ..... ....,., ty ......... .,. apa. ..s :~. ~~~ San Bernardino County Trauma Care System January 17, 1990 Page Two To further this effort, the Council should also consider recommending the Mayor transmit correspondence to the West End cities requesting their respective Council's consider takina formal action in support of establishing a trauma care L.uility within our region. Respectfully submitted, / i. Dennis Michael, Fire Chief LDM/rb attachments 35~ 8!®IBIT NO_ 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STAFF REPORT DATE: December 5, 1989 T0: Chairman and Members of the Public Sa f'ety Commission cRvhi: i.. Dennis idi citaei, eire Chief SUBJECT: SAN HERNARDINO CODNfY TRAOMA CARE SYSTEM Recoormendation Consideration far approval of a resolution requesting the San Antonio Community Hospital's support in designating its facility as a trauma care center within San Bernardino County. Consideration requesting the Rancho Cucamonga City Council and the Fire District Board of Directors consider adoption of similar reso]ution(s) for transmittal to the San 9ernardino County Hoard of Supervisors and the San Antonio f nmmtmity Hnspi~al Rnard of Trustees. Background In June 1988, San Antonio Community Hospital took action to withd rzw from the San Bernardino County Trauma System. This action resulted in the loss of a trauma care center within the w~~t End of San Bernardino County. Attachment No. 1 is provided to the 'Commission in order to assist in .nderstanding ±he reasons for San Antonio Communi*_y Hospital's withdrawal from the trauma system. Currently, there are two (2) trauma centers in our County located in the Cities of Loma Linda and San Berna r.dino. Citizet,s who have been seriously injured and classified as trauma victims are transported to either of these facilities via ground or air ambulance. In the West End, this represents at bast a 40 minute transport by ground amnplaP ra to either tra~img rooter Tt i5 rri ti_ra_lly i_mnnrYant that trauma victims receive definitive care within an hour of sustaining trauma injuries. Therefore, the use of air ambulance transport has increased in the west End since San Antonio Community Hospital no longer is a designated tracma center. ~~ Chairman and Members of the Public Safety Commission December 5, 1999 Page Two The Public Safety Commission sub-committee met with County Health officials, hospital representatives, and City staff on November 9, 1989, to discuss the trauma system in San aernardino County, (see Attachment No. 2). There was some discussion regarding enhancement of the trauma system in the West End of San Bernardino County. As a result, the sub-committee recommended that the Commission consit. r adopting a resolution supporting San Antonio ......... ...._~s .....,r._~,.. c r.._~_„_r..~..... .n _..., ___.._~ ____. System. A proposed resolution is attached as Attachment No. 3 for the Commission's consideration. Additionally, the Commission should recommend similar actior. by the City Council and/or Fire District Board. I have also received positive feedback from surrounding fire agencies who expressed interest bringing this issue to their respective governing bodies for consideration. Respectfully submitted, . ~ L. Dennis Michael Fire Chief LDM/rb accacnmencs ATfACIDffiNT NO. 1 STAFF REPORT ~~~r ,~~c FROM: Chief MichaeJ/~'" SUBJECT: San Bernardino County Traumz System ~' DATE: July 6, 1988 ~ ~~~ I have invited Mr. George Kuykendall, Senior Vice President for San Antonio Community Hospital, to give a presentation to the Board regarding their decision co '•s^.thdraw frcm the Ccunty Trauaa S}'s tem. Since cr.r last discussion regarding this issue, I attended a meeting with pre-hospital care providers, representatives from several area hospitals, and County health staff to discuss the current status and anticipated impacts oT the trauma sya Lew ~.. ..u.. Bernardino County, Secondly, as a result of this meeting, a recent newspaper title indicated the 'County is contemplating changes aun:z _~^ter soli r_ies. i expect these changes will become reality after the entire system is thoroughly evaluated. The fire service has been very vocal to `his point, especially in the West valley. Currently, have no spet7fic recommendation, except that we will continue to work towards decisions which will. be in the interest of patient care and protect fire service interest and service levels. i ~`f~ l .':~' _:} tel.' June 1, lses JUN 3 1988 Foothill Flre ~atntl Chief Dennis ptichael ~~• Foothill Fire Protection District 6623 Aesthyst Street Rancho ~ucamonga, CA 91701 San Antonio Community Hospital Dear Dennis: Enclosed is some information that you may find helpful. Piease ice me a call if you have any additional questions, or if I can 'oe of further assistance. Sincerely, n~,,.~.,/1 ~,,./1o~n00 eoree A. Kuykenda Senior Vice President GAH : c: 3 l / 9?9 San 9ernxrtl o Rnatl Uplantl Cahfoma 51 i6@. 7r- 365~2Bit `/Cw q~CrOVP!by:~e JJ',nr CO'+m63~000n F:f.'E31afWn Ci'.CapG~r3 FOR IMMEDIATE RELEASE Contact: Kristine R. Isaacs May 28, 1988 Vice President, Marketing (714) 985-2811 Exte r.s ion 2165 San Antonio Community Hospital UPLAND HOSPITAL WITHDRAWS FROM TRAl1MA SYSTEM IIP LAND, CALIF.--San AntonioCommu nity Hospital (SACH) announced today it will no longer participate in the San Bernardino County Trauma =_ystem. T_he decision to drop the hospital's Trauma Center designation, was made by the Board of Trustees after lengthy analysis and discussion with the medical staff leadership and hospital adminis- tration. San Antonio is a 312 bed acute-care, non-profit facility. The ho scital will ce ntinue to operate a comprehensiJ 24-hour physician staffed Emergency Department. Any patient entering the Emergency Department will be-~ts-e ated, regardless of the person's ability to pay °or services. Additionally, the hospital will continue to be a Paramedic Base Station for the West End of San Bernardino County. The removal of the Trauma II de s~gnation will allow the hospital to meet patient needs on a case-by-case basis commensurate with the ?:o spital's ability to deliver medical services. Patient safety is the hospital's utmost concern; any patient with a life threatening condition will receive immediate care. 3(~ 2- ' ( more ) 999 San Bernartlmo PoaO, Uolantl, Caluornia 97786, T14 995~29n Approveo by the Joint Commissron on Accretlilalion of Hospital! TRAUMA CENTER STATllS QUESTIONS AND ANSWERS This information Se provided to assist San Antonio management and trustees with answers to Trauma Status withdrawal. Any inquiries from the news media should be directed to Kristine Isaacs, Vice President, Mesketing, at extension 2165, or Ceorge Kuykendall, Senior Vice President, at extension 2111. 1. Oueation: When does San Antonio's withdrawal from the San Bernardino Trauma System become effective? Answer: Suns 23, 1988 2. Oueation: What are the primary reasons for San Antonio"s withdrawal from the Trauma System? Answer: The volume of patients received through the Emergency Department is stretching personnel, facilities and equipment resources, pare cuiariy in rile cwea yci~~y euu Critical Care departments. The hospital has been at or over capacity several times during 1987 and 1988. 3. Qte stion: Wi 11 the level of medical care from San P.ntonio chance? Answer: ~ No. San Antonio will continue to provide the community access to a broad range of medical specialists and to operate -3~ comprehensive, 24-hour, physician-staffed Emergency Department. The hospital will continue to serve as a Paramedic Base Station. Removal of the Trauma II designation will allow the hospital to meet patient needs on a case-by-case basis. k. Oueation: What does this mean to area residents? Answer: San Antonio will continue to provide 24-hoar emergency ;;are to its local constituents regardless of the patient's ability to pay. The change will allow the hospital to focus its resources on the local communities, Admi ri stration 5/23/88 ~ ~~3 (1) TRAUMA CENl'ER STATEMENT San Antonio Community Hospital San Antonio Community Hospital will no longer participate in the San Bernardino County Trauma system, effective June 23, 1988. The difficult decision to take this action is based ort capacity problems in our Emergency and Critical Care Departments. The number of patient visits to our Emergency Dc-partment has increased from over 29,000 in 1985 to over 39,000 in 1987, a 35% increase in two years. As a member of the Trassma system, San Antonio has received a number of patients from outside the primary communities we serve. The large volume of patients has on numerous occasions stretched personnel, facilities and e3uipment resources in the emergency and Critical Care units. The hospi t,i will continue to operate a comprehensive, 24-hour, physicsan'~taffed Emergency Department. Any patient entering the Emergency Department will be treated, regardless o£ the person's ability to pay for services. ?he hospital w'i 11 also continue to be a Paramedic Base Station for the West End of San Bernardino County. R. L. Sackett I May 25, 1988 ^~~~ , L / ( ~ ( 1 )9?9 San aernaftlino ROaE, UOianq Caiilom~a 91786. 71a 985.2811 ~(~ 7 ~OOIO~eE Oy m! J0~01 (:JmlOtA9~00 W AccflOili110f1 OI HOApiitb ~, :. - ATTACBMENT NO. 2 ----- CITY OF RANCHO C[;CASIONGA C~CAM1fO•`r MEMORANDUM ~~c '>, ~~~Ji> ~~~; y IA L_' ~.. 2 ~.~ pATE: October 19, 1989 1977 TC' Ron ^:ayf field, Division Chief, Rancho Cucamonga Fire Protection Dist: ict Jerry B. Fulwovd, Deputy City Manager, City of Rancho Cucamonga Linda D. Daniels, Deputy City Manager, City of Rancho Cucamonga Clyde Boyd, Public Safety Commission Patricia Quintana, Public Safety Commission George Petterson, M.D., County Public Health Ciane Fisher, Agzncy Administrator, Inland Counties 2mergency tdedical Authority (ICEMA) Gzorgz Ruykendall, Senior /ice President, , ~~ San Antonio Comamnity Hospital /~~ FRCM: ~ L. Dennis Michael, Fire Chief y~/n,~ ~~ Rancho Cucamonga Fire Prvtection"District 5~3J~CT: TRAUMA SYSTEM T-N 6AN BERNARDINO COUNTY T..*.is memo is to confirm that a meeting has been scheduled on Thcrsday, November 9, 1989 at 6:00 p.m., which will be held at the Lions Co~gunity Center, 9161 Baseline Road, Rancho Cucamonga. This meeting will be to discuss the existing trauma system in San Bernardino County and what alternatives may exist in for improving the trauma system in the west end of San .-~u. r.. Dinner will be provided. Please make a menu selection from the attached menu and notify our Executive Assistant, Patty Riffel, at (71C) 989-1851, extension 499 of your dinner choice. LDM/pr Attachment -~$ 3~s COUNTY OF SAN BERNARDINO TRAUMA CARE SYSTEM THURSDAY, NOVEMBER 9, 1989 - G:00 P.M. MEETING AGENDA I. Self-Introductions II. Discussion of Current Trauma Care System III. Discussion of Methods and Alternatives far Improving Existing Trauma Care System IV. Discussion of County Air Ambulance Protocols - (lnnnrtnnity Par inapt RnnarAina T.nral f'./li1CP.7T1S and _rt __.__...~ ___ r... .- .~ ~, Potential Solutions V. Adjournment 7 1 3(o G MINUTES PUBLIC 6AFETY COMMISSION EUBCOMMITTFF ON EMERGENCY MEDICAL SERVICES WORKSHOP Thursday, November 9, 1989 CALL TO ORDER A meeting was held on Thursday, November 9, 1989, in the Lion's Park Community Center, 9161 Baseline Road, Rancho Cucamonga, California. The meeting was called to order at 6:30 p.m. 6y Chief Dennis Michael. Present were: L. Dennis Michael, Fire Chief, Rancho Cuca- monga Eire Protection District; Linda D. Ddniels, Deputy City Manaqer, City of Rancho Cucamonga, Marti Higgins, Emer- gency Preparedness Coordinator, City of Rancho Cucamonga; Clyde A. Boyd, Chairman, Public Safety Commission, City of Rancho Cucamonga; Patricia Quintana, Vice-Chair, Public aeie~y i.~nuuieei w~, uLy vi na,wiw - ~ uya, ~y< ..~.. son, M.D., County Public Health off icer;V DianeV Fisher,cAgen- cy Administrator, Inland Counties Emergency Medical Author- ity (ICEMA); George Kuykendall, Senior Vice President, San Antonio Community Hospital; and Carmen Robinson of Mercy Ambulance Company. --ooo-- BACKGROUND Approximately two months ago, the Public Safety Commission of the City of Rancho Cucamonga requested that a staff presentation be made regarding a series of newspaper ec Liuius in wi, ic.h din aniuuia,iws "" eyu _w accurate those articles were. The Public safety Commission feet that the existing situation in this County has two solutions: 1) T'o do our best to provide safe air ambulance service; 2) Try to improve the current trauma care systems in the County. 3~ ~ Emergency Medical services Meeting Minutes Page 2 As a result, the Public Safety Commission assigned a subcommi*_tee composed of Chairman, Clyde Boyd, and Vice- Cha.ir, Patricia Quintana, to investigate these issues fu. ".her. CURRENT SYSTEM Diane Fisher, Agency Administrator for ICEMA, stated that there used to be three trauma care centers in the County: Loma Linda, San Bernardino County Medical Center and San Antonio Community Hospital. San Antonio Hospital withdrew as a trauma center about a year ago. Additionally, Pomona Valley Hospital, although in Los Angeles County, also closed down, which placed an even higher burden on the trauma care system. At that time, policy was that when paramedics arrived on the scene, they were to figure a trauma score on a victim, 12 being considered a serious injury. The paramedics would be in touch with Loma Linda Medical Center staff to determine what to do with that patient -- where to go -- should they continue en route or, under donor's orders, go to any receiving facility. There are now presently two trauma centers in San Bernardino County. When an air ambulance is called to the scene, they go to the closest trauma center. The highest medical authority on the scene makes the decision where the victim u:ill go. EMT's cannot officially perform trauma scoring, only para- medics. At the present time, Level 1 victims go to Loma Linda; Level 2 ,,: ctims go to San Bernardino County 14edical cen `.er. 3y curr.ent law standards, San Bernardino is allowed to have three trauma centers. County hospitals contract with pri- vate doctors for trauma care. ECONOMICS The economics of the trauma care system in this County was discussed. Dr. Petterson stated that underfunding is the word he would use to describe the system. He explained that more often than not, people have no insurance and must fall back on *_he government for aid, and the state is not providing the dollars. He stated our government falls down 3~~ Emergency Medical Services Meeting Hinutea Page 3 in the area of medical care; however, he feels this County is in no worse condition than any of the surround my count:les. Amm~ of the major nrnhlemc related to the anonnmins are that: 1) Too many people are going to trauma centers who do oat need to be there. Additionally, under SB 612, once someone is taken to a center, they cannot be transferred from one facility to another. 2) George Kuykendall stated that problems arose at San Antonio Hospital when doctors were being called in to the hospital in the middle of the night, several times a month. Many of the patients are indigent, have no insurance, cannot pay the doctors for their services, and often times turn around and sue the doctor for malpractice. As a result, doctors at San Antonio lost their incentive for performing emergency services. Additionally, trauma centers must pay certair, fees fcr being a trauma center. Both Commissioner Boyd and Chief Michael suggested it would be counter-productive to seek to have a '_,~.:. t:.l jai: ....G ..,. a..r.:. ~J ~t c.-„ G,-~,. ....G.. ..,.'.'.. ...,...... .-'.'~ G $25,000 fee. AIR AMHQLANCE PROTOCOLS :here was a discussion regarding the medical circumstances for calling on air ambulances. Chief Michael asked why were two paramedics required on an air ambulance, but not on a ground ambulanr°. Ms. Fisher stated that state laW requires two paramedics on AL5 air ambulances. She said the County ordinance also requires two paramedics on helicopters. She said the ayency wrote the ordinance that way be rause that was what the providers offered. ~ti„~ __ .,~~: oyd y `. _ _ _ _ __ _ ing ofV•the ordinance' 4t4s. 'FisherW indicated that ~the4ordi- nance was put together by a committee and then reviewed by the Emergency Management Committee. ~~~ Emergency Medical services Meeting Minutes Yage 4 6UGGESTIONS AND RECOMMENDATIONS Clyde Boyd asked what can be done to assist the West Valley it trying to obtain its own trauma center. He expressed concern with low-flying aircraft i.n nur ro,lnry and asked what can be done in the West Valley to avoid an air tragedy. Diane Fisher stated that air ambulances are not to be called in all situations. Air traffic should only be used when time is of the essence. Sometimes they are inappropriately used, especially in the high desert, and sometimes in the cities. There was a state law passed two years ago regulating air ambulances. The ordinance staY.es they cannot fly unless authorized by an EMS agency. All air ambulances must have an automatic vehicle iocater in them, which enables ground crews to know where they are at all times. Ms. Fisher agrees that an additional trauma center would be beneficial on the West End, especially since Pomona Valley and San Antonio Hospitals pulled out. San Bernardino County Medical Center may be moved our way, but that's at least two to five years away. $eoo million in cigarette tax (Prop 99) funds is set aside f., 4, ,- .._-.. _~_ ,.o.:_ n,.., .. ~., ,~ y~,ca w u~c aLa i.e, wILLUn divides it -among they counties. 1V San Bernardino County is slated to receive $16 million, even though no guidelines have been established on how the money can be spent. Additionally, AB 612 gave money to both hospitals and doctors f.or indigent care. George Kuyl:endall stated that San Antonio do spital is willing to look at reopening their trauma care center, if the doctors coil,j,d be compensated accordingly. other hospitals that would qualify as trauma care centers are San Bernardino Community and St. Bernardine's. Hospitals such as Chino, Doctors Hospital and Kaiser Permanente do not qualify as trauma care centers. Diane Fisher stated that in March of next year, if they receive funding from Prop 99, they will send out RFP's to hospitals to determine the possibility of their becoming a trauma center. Clyde Boyd asked Ms. Fisher if she could update the Commission at that time. 7 , EX9IBIT NO. 2 RESOLUTION NO. 89-003 A RESOLUTION OF THE PVRLIC SAFETY COMMISSION OF THE CITY OF RANCHO CllCAMONGA, CALIFORNIA, AESPECTYVLLY REQUESTING THE SAN ANTONIO COMMUNITY HOSPITAL BOARD OF TRUSTEES TARE APPROPRIATE ACTION(S) TO RE-ESTABLISR ITS FACILITY AS A DESIGNAT C,D TRAVMA CENTER WITHIN SAN BER.NARO:NO COVNTY WHS:.EAS, the Public Safety Commission (hereinafter referred to as "Commission") is concerned with the public health, safety, and welfare of all c if iz_na who travel through, visit, work and rea ids in its community; and WHEREAS, the Commission has reviewed relevant Facts regarding the status of the Trauma Care System in San Bernardino County) and N'HEAEAS, trauma vict ime generally raga ire epeciali zed critical care within the fist hour after sustaining serious injury and, therefore, are transported to trauma care centers via grountl or air ambulance; and WHEREAS, Without a designated trauma care facility in the West End of San Bernardino County, trauma vict ime in our area Yace extreme delays in trauma care; and WHEREAS, San Antonio Community Hospital is considered one of the finest medical Eacil it ies within our County and was a dee ignated trauma care canter unh,il Ju;:n 23, i98B, serviny the trauma care needs in the wee±ern portion of our County. NI1W. THF.A FFORP.. RF. TT RF. FtIf.VF.n. hFah PFo RanrFn (`n namnnna An F11n Cvfn~o Commission does hereby request that the Board of Trueteee give ear ioue cons ider at icn in designer ing Ban Antonio Community Hospital as a trauma care center to enhance she health, safety, and welfare of the citizens we serve. PASSED, APPROVE^ AND ADOPTED this fish day of Derember 1969. AYES: Yan kovich, Gracie, Glae e, Quintana, Amodt, Boyd, Wee[ NOES; None ABSENT: None U~~./A~ ~^/ ~../ ` ~~ r'i 'y~ ~ C1 de A. Boyd, CI t ATTEST: /~//1//'' {/ ~_ WYV`~' I Jack Lam, Secretary ~j "7l Public Safety Comm lesion MLnutes -11- December 5, 1989 Pregentat ion Ov Mercv Ambulance Reeartl inp Their Air Ambv lance Operation. !Oral Repo rtl aem continued to January 2, 1989. O Report by Commisa ion 5=6comm itt ee on EmeroencY Metlical Services on Trauma Care Svstem. (Orel Report) Report presented by Commissioner quintana, who stated the Subcommittee attended a meeting with members of various agencies who interact or. coordinating a County- wide travma care system. These repreeentat ivee included a gentlemen from San Antonio Community Hospital (SACH), a woman who oversees the trauma care unit, a physician who represents County inters sta, ae well ae Chief Rennie Michael, Rancho Cucamonga Fire Protection District, and Linda Daniels, Deputy City ..=n ac-,. She stated t^ere was also a represertat ive from Mercy Ambulance who was not involved in the meeting, but was there to take notes. She stated that these people explained what the situation was, what the definitions were .of various trauma centers, what various claeaif lest ions were, etc., and basically presented that the West End ie not being served, and we have to rely on trauma care centers in Lome Linda and the City of San Bernardino. Sne stated this made us reliant on air ambulance service, and that you could not force a hospital to accept classification as a trauma care center. She stated Ghat SACH did not say they were apposed to the idea pf being involved in the network again, though they made ..,, ce-Fitment ... that time to d¢f i.^. .¢ly r¢-¢nt¢r ..,.o area. Tt¢ Subcommittee expressed `concern to the politic a! parties that were there, as well as to the Hoep ital, chat they were very interested in having some facility available tc our community on the West End. and if SACH was interestetl, they would appreciate any overtures from them ao that a trauma center could be established on the Weat End as quickly as pe ssible. cc rn issioner Quintana stated it was pointed out that cost was not always the main reason why a hospital pulls out of the travma care network, and it was .....f :ed ..hat Pcm<ra .e.ley Cc,...;;~, ity Haspita will not be joining the trauma care network. At the urging of the Suhcommittee, Chief Michael wrote the res olu tron before them urging SACH to consider rejoining as a Trauma Care Center. :hey lave also asked Chief Mi<hael to gather support through other groups in the area. -~ Ron Mayfield, Diet rict Chief, et at ed that Chief Michael and he would encourage the Commission to recommend to the City Council that they adopt a resolution in support of enhancing the trauma system to [he Neat Valley, .._ ____ .,.. .. - rsso.,...on r s <..rty wc__ _ vper-..so__ encouraging them` and uthe SACH Board of~`D irectors to ado theme same, and encourage any state, local, or federal funding to enhance our local trauma care system. Cha uman Boyd opened the meetin5 Ear public hearing. There being no response, the public hearing was cloaetl. -tfi ~ 7 ~ Pub lie Safety Commission Hinu tee -12- December 5, 19 B9 Chairman Boyd stated he would like to make a minor correction to the word inq of Aesoiution B9-003 6y adding the word ^respectfu lly" before ^request inq", and substituting the word ^enhance^ for "improve" in the paragraph six of the resolution. Commissioner Olase felt we needed a trauma center in this area, and tnat it was important for the Commission to do everything it coultl to help put a center on- line. ., e« m. acyd a,.>~a.. ~„aL wiLL Lbe Curds yenerated frum Proposition 99 for use in the State trauma center network, there seemed a reasonable Likelihood that the west valley woultl get one. RESOLUTION NO. E9-003 A P.ESOLVTION OF THE PUBLIC SAFETY COMMISSION OF THE CITY OF ..:-.::CHO CUCAMONGA, CA:.i e^OIll:I A, Rc'Qil-eSTiNG E SAN A:r'TONIO COMMUNITY HOSPITAL BOARD OF TRUSTEES TAKE APPROPRIATE ACTION(S) TO RE-ESTABLISH ITS FACILITY AS A DESIGNATED TRAUMA CENTER WITHIN SAN BERNARDINO COUNTY MOTION: Roved 6y Amodt, seconded by Glass to adopt Resolution No. 89-003 as amended by Chairman Boyd. Motion carried unanimously, 7-0. NOTION: Moved by Boyd, seconded by Quintana to recommend to the City Council that thev adoot a resolution euvoort inc the re i.net itut ion of a trauma care system at SACH, and that said resolution be forward by the City Council to SACH, a,id that staff be directed to draft such x resolution for consideration by the Council. Motion carried unanimously, 7-0. 0. ReDOrt on a C~tv "EUoae st etl Route to School Program". Star: report oresented by Paui Rougeau, Traffic Engineer. Commissioner Quintana felt this was an appropriate subject to be referred to the Traffic Safety Edu catiefr•SUbcomm ittee. hCTION: Report received and filed. a race se was ca Ilea at 9:35 p.m. The meeting reconvened at 9:40 p.m. with all memi~era of the Commission present except for Commies Toner we et, who left the meeting at 9:40 p.m. D. Die cu ssron of Ordinance Prohibit:ine Skateboards in the Publie Rieht- Of-Wav. ~ 3 73 Aeso lution No. 89-003 Page 2 i, JACK LAM, SECRETARY of the Public Safety Commission Of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Public Safety Conmission of the City o£ Rancho Cucamonga, California, at a regular meeting of the said Commisaion held on the 5th day of December, 1989. Executed this 6t F. day cf December, 1989 at Fancho Cucamonga, Cal if or: a. Jack Lam, Secretary S%HIHIT N0. 3 RESOLUTION NO. 90- O~l ' A RHSOLOTION OF TAE CITY COUNCIL OF THH CITY OP RANCHO CUCAMONGA, CALIFORNIA, RHSPECTFULLY RHQUHSTING THE HOARD OP TROSTBHS OF SAN ANTONIO COMMUNITY HOSPITAL RE-ESTABLISH ITS FACILITY AS A DESIGNATED TRAUMA CENTER WITHIN SAN BERNARDINO CODNTY LJx F.R F.AS, tha (`i ty fnnnril has placed a high priority en the quality of life in Rancho Cucamonga and strives to improve the public health, safety, and welfare of all citizens who travel through, visi*_, work, and reside in its community; and WHEREAS, the City Council has reviewed relevant facts regarding the trauma ca re system in San Bernardino County through rnput and recommendation by the Rancho Cucamonga Public Safety commission; and WHEREAS, trauma victims gene ra ily require spe c.ialized critical care within the first hour after sustaining critical injuries, and therefore, are transported to trauma care centers via ground or air ambulance; and WHEREAS, without a designated trauma Care facility in the O West end of San Bernardino County, trauma victims in our area may face ert reme delays in receiving trauma care treatment; and of they `f inestu medical yfacilitiesl within our county and was functioning as a highly regarded designated trauma care center until June 23, 1988, serving the trauma care needs to the westerr~ portion of our county. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby request that the Board of Trustees of San Antonio Community Hospital give serious consideration insdesignating San Antonio Community Hospital as a trauma care center to enhance the health, safety, and overall welfare of the citizens we serve. r 3 7`f R707IHIT NO. 4 RESOLOTION NO. 90- Q~t,/ A RESOLOTION OP THE CITY COONCIL OF THE CITY OP RANCHO COCAMONGA, CALIFORNIA. RESPECTFNLLY HARING REQUEST TO THR BOARD OF SUPERVISORS OP SAN BERNARDINO COUNTY POR SOPPORT IN RE-ESTABLISHING A TRAUMA CARE FACILITY IN TBE FIBSTERN RHGION OP SAN HERNARDINO COUNTY WHEREAS, the City Council has oiaced a high oricrity on the quality of life in Rancho Cucamonga and strives to improve the public health, safety, and welfare of our citizenry and supports the Board of Supervisors in its endeavor to achieve this goal countywide; and WHEREAS, currently the West Valley is without a designated trauma center within its region and as a result, trauma victims may face extreme delays in receiving trauma care treatment; and WHEREAS, the City Council has reviewed relevant facts regarding the current trauma care system in San Pernardino County and as a result, has requested the Board of Trustees of San Antonio Community Hospital give serious consideration in designating its facility as a trauma care center; and WHEREAS, the County Board of Supervisors is responsible for countywide health and medical care programs within their auupe uL au ~iwti~y euu euuueiiy niiuveLe iw~ua w aui.~putl wwc programs; and WHEREAS, Proposition No. 99 was approved by the Citizens of the State of California increasing the tax on tobacco products to orov ide additional revenue for hea ].th and medical care services; and WHEREAS, the trauma care system is considered a critical component of our couwtywide medical care program. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby pledge its support in respect.f ully requesting that the Board of Supervisors of San Bernardino County consider taking appropriate actions to -_-_- -- - - - -- --,-.e tact ty ..~~,~.r ~,~a ~a s,.z. r. rgi of San~6ernardino tCounty.' 3 ~S - CITY OF RANCHO CCCA~IONGA .~~y STAFF REPORT '``'~~` ._ -~ ` , DATE; January 17, 1990 TO: Mayor and Members of the City Council FAOD:: Pamela J. Wright W il.l ism J. Alexander ccuncil Subcommittee Eor the Environmental Management Coaunission BY: Diane O'Neal, Adminiet native Analyst."•~ ,. SD BJECT: ENVIRONMENTAL MANAGEMENT COMMISSION RBCOF9RENDATION: It is recommended the City Council adopt the attached structure and work program, extend the Commissioner terms for James Campbell, George Le imann and Ray Mcl lvain Lo .Tune 30, 1990, appoint Mohan Balagopal an, John Dunlap, cat by Wattera and ,: ack Williams and approve a budget of eight-hundred dollars ($800.00) for the remaining two quarters of Fiscal Year 1909-90 from the Reserve Fund Tor the Environmental Management Commission. baI:RVMV VIYU3 The City Council established the Env irorment al Management Commiae ion at its November 1, 1989 City Council meeting. Subsequent to the eataDliahment of the Environmental Management Commission, Staff met with the Council Subcommittee and Chairman and Vice Chairman of the Environmental Management Commission to develop a at ructure and rn it ial work program. The proposed structuce of the Environmental Management. Commission is outlined in Attachment 1. This etwctural rel at ion ah ip is aim i].ar to that of other City Commieaione. The Commission will have a membership of eleven members and the membership will be re-evaluated in June, 1990. The purpose o£ the re-evaluation will be to examine the of Eectiveneas of an eleven-member Comm iea ion- Addi- tionally, the council Subcommittee recommends est abltahing a butlget of eight hundred dollars (5800.00) for the remaining two quarters of Fiscal Year 1989- . T i~ney w niynaied aoc end rey ionai ineetinyn by Li,e Council Su bcemmitt ee, Staff and Commiaeio ners .j ~T he Commission will then prepare a budget request for Fiscal Year 1990-91 in accordance with the City's budget process. Also, as epecif led in the Environmental Management Commiseior,'e Ordinance /307- R (Attachment 7.), the Council Subcommittee and the Envi[o nment al Management Commission's Chairman and Vice Chairman shall conduct joint meet inge to be held on the first Tuesday of each calendar quarter for the purpose of eatabliehing the. Environmental Management Commission's work program and to review matte re studied by the Env Lronmental Management Commission. 3 7~ Environmental Management Commission January 17, 1990 Page Two The proposetl topics for an initial work program foz the Environmental Management Commission would be the following: 1. AB 939 2. Eazth Day 1990 Ae 935 is a comprehene ive bill establishing state programs to encourage source reduction and recycling market development and specifies that each City must prepare, adopt and submit a source reduction and recycling element for the management of solid waste generated within a City by July 1, 1991. AB 939 is a major project with significant time commitments for both the Commission and Staff to develop a program for City Council consideration. Briefly, AB 939's source reduction and recycling element moat adtlreae the following components: ^ A waste characterization component • A souYCe ieductibn compOne nt * A recycling component * A composting component * A solid waste facility capacity component (15-year plan) ^ An education ana public information component ^ A funding component ^ A special waste component (e.g. asbestos, sewage slutlge) Attachment 3 is a complete cony of Ae 939 and is provided for your review Earth Oay 1990 is sponsoring a program entitled, "The Glohal Cities Project" a per if ically tailored to environmental problems. The "Global Cities Proj ect^ will entail a coallt ion of organizations reaching beyond existing environmental copal ituencies to involve the hroadest crass-section of participant a. The project will address a variety of concerns, each as a ban on Chloro- Fluorocarbone, a Blowing of the rate of global warming, a preservation of old- growth forests, a comprehensive hazardous waste minimization program erd a ban on packaging that is neither recyclable nor biodegradable. The project is extensive and will require coordination among the Council, Commission and Sta Ef. Attachment 4 details Earth Day 1990'e proposed "Global Cit iee Yroj act" and Se ,non Finally, the Environmental Management Commission Council Subcommittee recommends Commiesio per terms far James Campbell, George Leimann and Ray McIlvain, be extended to June 30, 1990 and Mohan ealagopalan, Jahn Dunlap, Cathy Wat tare and Jack Williams be appointed. DO/aaf 90-017 Attachments ~~ ------- CITY OF RANCHO CtiCA~IONGA ~~~cnnl~ti STAFF REPORT ~„ `°9. _'~ `= ~ ~z _ ~, ,r'--.. Date: January 17, 1990 ~ - ~-----• ~ _ ~ To: Mayor, Members of the City Council, and City Manager i i From: Jerry B. Fulwood, Deputy City Manager By: Paula Pachon, Administrative Assistant Qv ii Subject: Execution of Memorandum of Understanding to Explore the Implementation of the Drug Abuse Resistance Education (DARE) Program. Staff recommends that the attached Memorandum of Understanding between the Alta Loma, Central and Etiwanda School Districts, the Rancho Cucamonga Sheriff's Station and the City of Rancho Cucamonga to explore the implementation of the Drug Abuse Resistance Education (DARE) program be executed. In addition, staff recommends that City Council .ii v..n~ ..f efG 4n 4.... 4,.... - ...n .. n....... ..1 .... ~.. i. ~..~ 4... .- .. ~ for the DARE program in the event such a program can be implemented. BACRGROUND: During the summer of 1989 the City Manager's Office approached all elementary school districts to see if there was an interest in a joint participation Drug Aeuse Resistance Education~DARE) program. At that time the lack of potential funding did not allow discussion to move forward. In November, 1989, Alta Loma, Central and Etiwanda School Di9tYiCt9 wntaoted the C{tv about the uwe of new mnni wic that they would be receiving from the State office of Criminal Justice Planning (OCJP) under the Comprehensive Alcohol and Drug Prevention Education (CADPE) program to finance a portion of the coats associated with a DARE program. CADPE money expands the Suppression on Druq Abuse in Schools program which has been providing drug education and prevention services to 60 California communities since 1983, 7 Execution Memorandum of Dnderstanding re: DARE Program January 17, 1990 Page 2 to eve,t school district in California. The money is earmarked for 4th through 6th grades and will be distributed on a reimbursement mechanism with dollars going to the school districts by June, 1990. Funding allocations are noncompetitive and are determined by student enrollment attendance figures at the earmarked grade levels from the previous year. After a 25$ cut at the County level for administrative services, the districts will receive $13.28 per pupil. Tha County Superintendent of Schools will be the fiscal agent for the funds. Notification letters of funding amounts have been sent to the school districts. Locally, Alta Loma will be receiving $28,182; ^_entral -- $16,153; and Etiwanda -- $6,100. In order to maximize their dollars the school districts have met and have decided to pool their money {$50,435) and to explore the possibility of implementing some form of a DARE program. Cucamonga School District was approached to be a part of this joint venture but has decided to use its funds (an estimated 57,000) for the continuation and possible expansion of the CHOICES program (a gang prevention program with a minimal amount of drug abuse prevention education) which is currently being used at selected campuses within their district. Alta Loma, Central and Etiwanda School Districts are aware that the funds that they will be receiving from OCJP is inadequate to provide a DARE program to their students and have approached the-6ity to share in the costs of providing such a program. As you may know, the internationally recognized DARE program uses a sworn officer in the classroom providing substance abuse prevention education to students. It is estimated that the total cost of a fully dedicated officer for such a program is anmroximately $90;000 ner year. we to the number of students in the targeted sth grade ievei at the three school districts, it is estimated that to implement this program to its fullest we would need two officers. No commitment can be given by the City or~ that matter by the school districts for this program without full exploration of `-' Execution Memorandum of Understanding re: DARE Program January 17, 1990 Page 3 a program, its costs and implementation methods. However, in order for the school districts to move forward through the County's administrative process they must provide a memorandum of understanding between the agencies noting the type of program that they are exploring. It is understood between all parties that no obligation exists between the agencies other than to explore opt Cons of starting the DARE program. Due to the difficulty in obtaining spots for the DARE training academy, St is staff's recommendation that two reservations be made at this Lime in the event that such a program can be implemented. Reserving spots for the academy does not obligate the City to utilize those spaces. It only ensures that we will have reservations for training should be need matezialize. In the meantime, representatives of the City Manager's Office, the Sheriff's Department and the respective school districts have formed a study committee to explore and possibly develop a feasible program of implementation. This committee hopes to finish its analysis with a possible conclusion by late spring, at which time both the City Council and the respective school districts could be presented with a program for consideration and funding. JBF:PP:be 3 7~ MEMORANDUM OF This Memorandum of Understanding is entered into by the Alta Loma, Central, and Etiwanda School Districts, the County of San Bernardino Sheriff Department and the City of Rancho Cucamonga for the purpose of jointly sponsoring the Comprehensive Alcohol Drug Prevention Education program. In order to accomplish this goal the Alta Loma, Central, and Rt~wanda School Districts, the County of San Bernardino Sheriff Department and the City of Rancho Cucamonga will explore the implementation of the Drug Abuse Resistance Education (DARE) program. This agreement shall be effective January 17, 1990 through September 30, 1990. If modifications are necessary before or at that time, they will be added to this Memorandum of Understanding by mutual agreement of all the parties involved. We hereby agree to this Memorandum of Understanding and certify that the agreements made here will be honored. Signature: Alta Lome School District Superintendent Signature; Central School District superintendent Signature: Etiwanda School~ict Superin£ndent u iy uu,. ua. c. County of San Bernardino Sheriff Department Signature: ~y of Rancho Cucamonga Mayor D~ CITY OF RANCHO CUCAMONGA c~MO,~ MEMORANDUM ~ "~ ~~, o F',! p a -. V i~y "~L_. _____.I 19ii GATE: January ll, 1990 T0: Mayor anJ Members of the City Council FROM: Charles J. Bu quet, II ~~~ }(.~_~~1, Councilmemher ~"'r~„~~~k~~' SUBJECT: RESOLUTION RESTRICTING AIR TRAFFIC TRAINING FLIGHTS OVER RANCHO CU CAMON GA The attached Resolution was continued from the January 3, 1990 Council meeting. 1 am respectfully requesting this Resoiution be passed in order to restrict the number of air traffic training flights over the City of Rancho Cucamonga. ,. -- ......~ .. a- Attachment a >r/ o~( RESOLUTION N0. 90 `** A RESOLUTION Of THE CITY CGUNCIL OF THE CITY Of RANCHO CU CAMON GA, CALIFORNIA, RESTRICTING ALR TRA FF:C TRAINING FLIGHTS OVER THE CITY OF RANCHO COCAMON GA WHEREAS, on November 1, 1971, the City of Rancho Cucamonga was intor por, red and at tha± time encompassed 32 square mites with a population of 44,b0u; and WHERE RS, Rancho Cucamonga has now grown into a full service suburban community of 37 square miles and a sphere of 12 miles with a population of 105,000; and WHEREAS, the City has been designated an air traffic training area for the past 20 years before our incorporation and growth; and WHEREAS, the City has seen increases in the number of training flights and related noise from these flights over the City for the past 12 years during this growth period; and WHERE PS, the City is concerned about the increased number of training flights over portions of the City which are now developed; and WHEREAS, the City is committed in its efforts to promote Lhe oubl is health, safety, and welfare by restricting the number of training flights over the City; and NOW, THEREFORE, the City Council of the City of Ranc no Cucamonga noes hereby resolve and request the FAA to restrict the number of air traffit Graining flights over Rancho Cucamonga and to consider eliminating Rancho Cucamonga as a designated training area due to the development of the City. 3~~ .- --~ ---- - CITS' OF RANCHO CCCAMONG~~ DATE: January 17, 1989 STAFF REPORT C ` ~L~'j Y~ r - TO: Maynr and Members of the City Council FROM: Linda D. Daniels, Deputy City Manager ~ BY: ,.eAnn Smothers, Redevelopment Analyst SUBJECT: INscussion of Options for Operation of the Central Park Library BACA ~__°_OUND: In July of 1989 a Community Needs Analysis was reviewed and approved by the City Council In this analysis additional library facilities were identified as the realest cultural facility priority by residents. In November an aze~itect for the design development phase of Central Park was selected. As part of the conceptual master plan for Central Park a library facility site has been planned. Under Counnil approval, a subcommittee had beer. selected earlier ir. 1989 so that a on selection of the architect, plans for the design of the library could immediately commence. 1'he decision to include the lihrarv ac the maior omm~nnent of the first phase of the development of Central Park came not only from the priority identified in the Community Needs Analysis, but also because a State grant program could provide a substantial funding source. This grant pro ram requires that a "letter of intent" be submitted in January 190 and a complete application be submitted in June 1990, for formal consideration. At the first meeting of the subcommittee, information was presented and discussed regazding library Cacility standards needed to service the Rancho CucamdTiga residents. Based on the population informa- tion the sub-committee agreed that in order to adequately service the community the proposed Central park library would need to be approximately 80,000 square feel with two branch facilities totaling about 20.000 square feet. The sub-committee's space planning is beinK dcs;Kacd w'tl: ^d.^^GUate..".e:ibility s^ tha'.',he 1;braR' car. rperate under any of four o ~Cions available. br this way, the design process can continue, enabling the City to meet the grant deadlines. ANALYSIS: Discussions about the differences between county and city managed librazies are typically based on budgetary considerations and levels of 3~ 3 service. The State Librarian has assisted us in determining the various options available to Rancho Cucamonga, as a General Law City. Basically, there are four organizational options: 1. County Library Branches 2. Municipal Library 3. ~Yiunicipai L(brary, Cuutraeiiug fur upgraded Sei vices 4. District Libraries M examination of each option in more detail follows. This information has been collected using State Librarian comparative data, and research with the jurisdictions involved. 1. County Library Branches These are found in three-quarters of all California clues. Typically, county facilldes are less expensive to operate due to economies of scale. There is also less floor space in a county facility devoted to technical support functions, because many of these duties are performed at rhr main hranrh. i.ikewise, staffing levels are usually lower in a county branch, reducing overhead. The branch is operated as a Cm~nty (acillty, with the County generally establishing hours of operation, staffing levels, programs and emphasis. The County Board of Supervisors acts as the governing entity for a County library branch. Branches are funded via a percentage of the county's free library property tax, as well as a Spectal District Augmentation Fund received from the state. 2. Municipal Libra These are found in one-fourth of all California cities Generally, more square footage o(a municipal library is devoted to operations and staff than in a county operated facility. (This is due to the fact that there is nn shared support service from a main branch.) A mi miripal lihrgrv would hernme a rlenartment n( the City, tvnirally administered by a Board of Library Trustees, appointed by the City Council. In essence, the proposed Central Park library would art as the city's main library, processing materials for branches and providing office space for library departments and administrative functions. The existing County branch library would also become part of the municipal system and fts operations would he administered by the City. 3~ ~ f~- The Board of Trustees would oversee the library sendce which would include establishing hours of operation, staffing, programs and emphasis. 3. Municipal Library Contracting for Upgraded Services This option offers a combination of a municipally-owned librazy, which contra~es with an outside provider for the community's desired levels of service; t.e, hours of operation, more staff, a broader coliectiun/ reference section, wider research and on-line services, etc. A Joint powers agreement would be used as the means of administering library services. At the time the JPA is formed, it fs possible to include in the formation documents levels of service which the contracting agent must provide. Under a JPA, library personnel would be recruited, employed and evaluated by the contract provider. It would not be possible to include those personnel in the City's rules and regulations. The JPA would also need to address the translUon of the existing branch Itbrary faclltty to a City owned facility. 4. 5necial District Libraries Under an election, this arrangement would create a special district with the voters dirx8y electing the P,oard of Tr~stecs. The boundaries of the District should br. co[e.rminous with the City limits. The Special District would he charged with the responsibility of branches, within the community. The elected Board would establish the levels of service, the budget and administration. This would he completely separate from any City process. Current Library Revenues At the Yime of incorporation the City had in place a county free Itbrary tax of about 2.5% per 5100 of assessed valuation. The most recent data from the Assessor's Office shows that Rancho Cucamonga }{}~enerates almust $934,000 of revenue earmarked for ptibrary support 11 )il ll'd till G..)%11 l)i JllR/ rtl>Cllt'd V(111l rtllllll Wlth a 0't.V btlltl711 trltal valuation). Ooerationa] FundinE Possibilities for each Option: 1. ~ountKOoerated Branehe~ The City would own the building and lease ii to the county for a nominal amount. Costs associated with the operation oC our present ~~31~j County branch exceed $400,000 per year. That figure does not include costs such as rent/mortgage payments, or the pro-rata costs of shazed equipment and services (automated Circ system, CDROM catalog, cataloging and processing books. etc.) And, the county's estimated annual cost of operating the proposed 80.000 sq foot facility is approxtmately $1.5M, per the County Librarian's Office. The operational costs of the 80,000 and 11,000 sq ft facilities would be app. ~ximztely $1.9M ($1.5 M for 80,000 and $.4 for 11,000). The primary source of funding for a County operated branch is the existing County free library tax. 1'he County has indicated in the past that they would 6e able to operate the originally planned 40,000 square foot facility. Staff has contacted the County to inquire as to their abilities to operate an 80,000 square foot branch but no firm response has been made. The County and the City will need to negotiate the operations of the library facilities using the existing and Cuture library tax revenue. As part of these negotiations the City and County could agree to provide additional levels of service if this option is chosen. 2. Municipal Libraries under this scenario, the city would o~am ^.nd operate the ]ibrar; and branch(es). Because of the limited ability to share operations cost with a separate main branch, the operational costs would be approximately ,hnne .,,..,i re~z ~ rn~ an nnn an,t m one (..r t t nnrn fnr hnth (a rill tine today. These estimated costs are based on information from the State Librarian showing the costs of library facilities serving communities of our size is $32 per capita. '['here are two main reasons for the operations of a City library being so significantly higher than a County operated facility. One is the inability to share costs and support services (i.e.: [he processing aad cataloguing of material, administrative personnel). The more significant is that gerTC2ally City operated facilities provide higher levels of service (i.c.: additional programs, more volumes, more reference matcriaq. If the City takes over [he library services from the County, it is rn ..r., r rn.. i ~ ni., r cw~ rir~ nnn ~(rt rat` t_nc tav directly~proportionaluto what is •befng spentnwithin the jurisdiction and not what is being collected. At present, approximately $400,000 is being spent -only that amomrt would be transferred to the City. [f operations were to be transltloned now, there would be an al proximate shodfall of $3.6M to the City. If operations were transferred after the new facility were built and operated by the Canty, then a much greater amount would be transferred. 3~3C Financing options available to make up the shortfall of revenues could be as follows: 1. City's General Fund -this option could not make up the complete shortfall because of the significant affect it would have on current City services and the impact to the Gann limit. 2. Us :- fees -user fees from the library system could be used to offset lire cost of the facilities. JtAff lIGJ nu coi>1`Irntiu' cui)iparsons of what user fees could be and will be attempting to generate this information for later discussion. These fees aze not anticipated to be much. 3. Mello Roos' or Special tax - as described above this would require two thirds voter approval. The amount of shorUall today would require that the tax be in the range of 828 to 833 per capita given an existing population of 110,000 and operating costs if the facilities were built now. This per capita amount could })e reduced if commercial and industrial properties were included. As part of the election process, the City's Gann limit would need to be incorporated and approved concurrently. 3. Munici~ Library Contractin¢ for Uoeraded Services Under this src~~ario, ihr..^.ity would own the building and cora:act with an outside provider for an enhanced level of service. The only provider available would be the County because the school districts ...~..., : ~. ~tio r;~.. ,,,..,,,...r_.,_ -..,.-.. _. __ _._-.~_._. -..~ -.-~, As mentioned previously, this could include an expanded collection, additional staff, more sophisticated reference and audio visual collections, expanded children's materials, etc. Costs are difficult to assign at this point, but they should not be expected to exceed that of a municipally operated system. This would place a need for as much as 83.6M of operating revenues beyond what the current tax provides Financing sources available would mirror those described in option two. If a Mello Roo~'or Special tax were initiated, the expected range that would be needed to make up the shortfall could be as much as 833 per capita. depending on the level of service that is provided. 4. Special Library District 'I-he Special Library District would he an independent operation from the City as described previously. The only consistent available funding would be from the existing County tree library tax (augmentation funds should not be considered a constant source of funding). As under option 2, the District, once formed is only eligible to receive from the Library tax that amount which is being expended in the 3~3~ community. Thus, if formed today, it would receive approximately $400,000 to operate from. To raise revenues the District has two primary sources available, both of which have been described previously. 1. User fees 2. Mt.~o Rcos or Special Tax Because the District establishes its own level of service, the amount of money necessary to operate the facility can not be completely determined. The reason for this is there are no special districts which aze comparable to the demographics of Rancho Cucamonga. Within the State there are two special districts providing library services, Crescent City and Palo Verde Valley. These Districts serve approximately 5.000 people with operating budgets of $150,000 or less. One important difference to note is that with a Special District there is the likelihood of an increased administration budget since the Board would be its own entity with its own Administrator and support staff. SUMMARY Conceptually, the most cost effective method of providing library services is to have the County continue to operate the existing and ceA in n+N ~.. ...+1fi ffiu ..n1cr,H of fnr innrna enii lnvnlc of cnrW rr i,_.,r____ .__.._,~. -.._ ~.. using the current library tax revenue. Respectfully submitted. Lima D. Daniels Deputy City Manager 383E. CITY OF RANCHO CUCAMONGA STAFF REPORT iY~1 ; , GATE: January 17, 1990 "' '' T0: Mayor and Members of the City Council FROM Brad Buller, City Planner BY: Dan Coleman, Principal Planner SU &lEC?: STATUS ON RECYCLING BILL AB2020 ~'I I. ABSTRACT: This report is in response to City Council request for information regarding compliance with A82020. Ii. BACKGROUND: The California Beverage Container Recycling and Litter Reduction Act (AB2020) establishes a network of recycling centers for consumers to redeem their aluminun, glass, plastic, and non-aluminum metal bottles and cans. Convenience zones were established within a half-mile radius around every supermarket which has E2 million or more in annual gross sales. Each convenience zone must have an ape rat;ng recycling center or ?ach retailer of beverages is subJect W 5100 daily fines. Ten such convenience zones have been identified Tn the City of Rancho Cucamonga, The Act also gives cities the authority, wT th Tn the „cola ore enure M ~itn rnrvrli nn fari liH oe The ri t_v rn mril adopted regulations governing recycling facilities in November 1987. (See attached Exhibit C.) I?I. STATUS: There have been six (6) applications for recycling facility permits (see Exhibit "A"). Of these, the Planning Division approved four (4) of these permits, one was never completed by the applicant, and one was denied. On January 10, 1990 staff conducted a field survey of all ten convenience zones within the C~ and determined that all supermarkets, except Hughes, have some form of recycling program in place. As a new store, Hughes has 90 days from February 1 to establish their recycling center. See Exhibit "A" for a summary of the current recycling activities at each center. The 9ta to has Ce'r tiff ed six iui reCVCiinG tente rs within the vi t'r of Rancho Cucamonga (see Exhibit "B"1, three of which are recyclers outside convenience zones. Lucky's, Albertsons, Vrns, and Stater Bros. (9750 19th) are ail in compliance with the City's regulations. Alpha Beta (9640 Base Line) and Stater Bros. (8770 lase Line) are operating in violation without recycling facility permits from the City. 3~~ ~ Ga odwill Industries of the Inland Counties, Inc, have been working with the City staff for a combination Gocdw111/recycling center. Samuel Cox, President of the Goodwill office has secured authorization for the Goodwill/recycling center from the shopping -enter owner and the Stater Bros. Market (9750 19th) and also prepared the basic submittal requirement for City approval. However, since staff's last meeting with Mr. Cox this past summer, we still have not received a complete application. Staff has attempted to reach Mr. Coz in order to determine his interest in pursuing the Goodwill/recycling center. As of this report we still have not heard from him. We will continue to pursue this matter. {1(RI,`efs~~~p ectful ly submitted, Brad Bu lBul e~~ City Planner 9B: OC :mfg Attachments: Exhibit "A" - Recycling Survey Exhibit "B" - Certified Recvcli na Centers Exhibit "C" - Recycling Facility Regulations Exhibit "D" - Summary of AB2020 6~ m m m c~ n_ m m r r i r y ¢ ~ u } p ~ 'f Oi ~a ~ T ~ ~ ~ 6 ~ ~ C a - m N Q N O N• V m E n A ~ o 'o a 'o .. ~ 83 a~F ~ ~ LL ~ 'o Q'q ?• N N A N N ~- U 0 F LL LL o'c3' $ `dS o E I m ~ ~ ~ ~ m d LL LL LL LL LL LL 2 LL' 2 Q S 2 ? 8 a ~ a a 2 'c N N N > W W 2 O ~ a U J U _ 1 0 0 ° ~2 m ~ . 'S J j h ~ h ~ O C O L ~ 8 mm q q m e e11 CC ~ ~ U~ m ^ u m 0 S 2 O N m n l~l 1~1 I~I~ ' ~ h W mm ~m~an.6 2 W t I m I . N l7 m t rN - I U n w ; t ~ ~ m o 9 0~ n~ fi m ffi~ °~ w e u X i U ~ ~ ¢ _ 7 N a y ~ ~ ~ ~ _ ~ ~ ~ nwmma~~p ~ ~ 'm m m m ~'I 5 V a N g ~ C5o < s` E 3 ~ E w rn 3~v $ ~~a ~, N '° ° ~ am LL ~ _ - Q ~- N rl 0 `~ 7 0 S J W 6 6 3 ~ b~c ~~C/1 1 ~ 1 STATE CERTIFIED RECYCLING CENTERS All State Paper & Metal 13195 Whittra~ Reynolds Aluminum 9911 6th StrecC Lucky's (Envlpco) 6351 Haven Alpha Beta/Albertsons (Envipco) 4640{9743 Base Line DCE Inc. 9529 8th Street Von's (Envlpco) 8775 19th Street Sow-ce: tuterview with Robin Rutherford, State Department of Conservation, Divlslon of Recycling on January 10, 1990. WORKS/WP: RECYCL[NG2 3 ~~ ~XN~+r ,~I 17.oa.oeo be granted, provided that the building permit for the first pe-miffed dwelling or structure on the same site has also een extended, b. Installation of trailer coaches may occur o y after a valid building permit has been issued by the ci building and safety division, c. Trailer coaches permitted pursuant to this secti n shall not exceed a maximum gross square footage of si~ hu dred fifty square feet in size (tongue not included), The troffer coach must have a valid Califor- nia vehi eulicense and shall provide evidence of State Di- vision of ousing approval as prescribed in the Health and Safety Cod of the state. A recreational vehicle being de- fined as a torhome, travel trailer, truck camper or camp- ing trailer, ith or without motive power, shall not be per- mitted pursuan to this section, e. The temporary trailer coach installation must meet all re uirements and regulations of the county department of en 'ronmental health services and the city building and safet division, f. Any ermit issued pursuant to this section in conjunction with construction project shall become in- valid upon cancellati or completion of the building permit for which this use has een approved, or the expiration of the time for which the a royal has been granted; 10, Other uses an activities s.it:i lar tc Lhc above as deemed appropriate by th city planner. At that time, trailers shall be removed fr the site; 11. Temporary Office doles. The use of temporary structures, such as trailers or refabricated structures for use as interim offices, may be c sidered in any district subject to the approval of a condi 'oral use permit and the regulations stated within subsectio F4 of Section 17,30- .030, D. Aoolication. Applications fo a temporary use per- mit shall be filed with the planning div ion in a manner prescribed by the city planner. E. New Applications Following Denial. Fcllowinq the denial of a tempura ry use permit application, no application for a temporary use permit for the same or su tantially the same use or the same or substantially the same 'te shall be filed within one year from the date of denial. d. 385 §§1, 2, 1988; Ord. 293 §2, 1986; Ord. 211 §6 (part), 1983). i7.O4.080 Recycling facility permit. A. Purpose and Intent. It is purpose of this section to provide regula- tions and standards which pertain to the review, construc- tion and operation of recycling facilties within the city. The placement, construction or operation of any recycling facility, as defined herein, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section. ~~~~ ~C~ 272-34a (Rancho Cucamonga fi 7/89) ~~o 17.oa.oeo B. Definitions. 1. "Convenience zone" means that area within a one- half mile radius of a supermarket as designated by the Cali- fornia Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Re- duction Act (California Public Resources Code Sections 14500, et seq.). 2. "Recyclable material" means reusable material inlcuding, but not limited to, metal, glass, plastic and paper. "Recycling facility" means a structure for the collection of recyclable materials, certified as a recycling facility 6y the California Department of Conservation as meeting the requirements of the California Beverage Contain- er Recycling and Litter Reduction Act. Recycling facilities include the following: a. Reverse Vending Machine. A "reverse •~e nding machine" means one or more automated mechanical devices, which occupy a space no larger than three hundred forty-two square feet, and which are used for the collection of one or more recyclable materials in return for a cash refund or redeemable credit clip with a value not less than the redem- ption value as determined by the California Department of Conservation. b. Mobile Recycling Unit. A mobile recycling unit shall be a kiosk, bin or portable container, occupying a space less than three hundred forty-*_wo =_q~~are feet, which. is used for the collection and redemption of recyclable mat- erials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain oer- maner.t structures associated with the mobile recycling unit as provided in this section. C. Development Standards. The placement, construction and operation of recycling facilities shall be suhject to the following development standards: 1. Recycling facilities shall be established i.. conjunction with an existing commerical use which is incom- pliance with the development, building and fire codes of the city and is located within a convenience zone in an area zoned for commercia3-or industrial uses. 2. A reverse vending machine which occupies an area less than fifty square feet may be placed under the building canopy adjacent to the business which sells beverages in redeemable containers. Reverse vending machines which occu- py more than fifty square fPer, hqt less .han .h.ee hundred lorry-two square reef, shall be placed within the parking area or other approved location of the associated commeri- cial use. 3. Recycling facilities not located under the buil- ding canopy shall be set back at least fifty feet from any street frontage, as measured from the curb face. (Rancho Cucamonga 272-346 7/87) 3~9 1;.o4.oeo 4. Recycling facilities shall be conveniently ac- cessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special walkways, drive aisles, bollards, safety lighting, etc.). 5. Recycling facilities shall 6e designed in a man- ner consistent with the architectural and site plan of the associated commercial use, including, but not limited to ~:terior materials, color and landscaping. 6" Recycling fari7;ricc which a__ ."_~ located „^der the bu il3irg canopy of the associated comunerciai use shall be des i5'n ed with related permanent enclosures or screening such as an overhead trellis or arbor. 7. Recycling fat i'__ties which are one rzted by an on-site attendant shall be provided access to the `acili`ies of the associated commercial use (i.e., restrcem, orinklag fountains, etc.). 8. Recycling facilities which are act located under the building canopy of the associate3 commercial use or within a landscaped area of the associated ccmmercial use shall be designed with a landscape pla r.t er at :east three feet in width (inside dimension) along the sides and rear of the recycling facility. 9. Recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. A11 storage of. recyclable materials sha h be within the recycling facility or related enclosed structure. 10. Siqnage required for a recycling facility shall cable, theLappro ved uniform sign <program for the associated commercial use. 11. Recyc li r.g faci L'ties which are operated by as cr.-site atte nda r.t and located within one hundred fee: of a property zoned or occupied for reside r.t ial uses shall oper- ate only during the hours of nine a.m. to seven p.m. D. Action of the City Planner. 1. The city planner shall approve an application for a recycliryQ, facility; provided, that the application complies with each of the following requirements; a. The recyc lint facility is certified, or has applied to be certified, as a recycling Locatro r. pursuant tc the California Beverage Conta ire: Recycling and Litter Reduction Act; n ^~,e ..a operator ,,. th r~cycii.-,g facility F__ presented a written authorization from the property owner where the proposed recycling facilities are to be located; and c. The recycling facility complies with all of the development standards as set forth in this section. 2. Notwithstanding the foregoing, the city planner may deny an application for a recycling facility, if it is 272-34c (Rancho Cucamonga 5/88) ~~lU 17.06.010 specifically found that the ooerztion of t:^.e rzcyc'_i.^.c ?aci- lity will have a detrimental effect on the peblic health, safety or general welfare. In the case of any such denial, the city planner shall sunport the action with specific written findings of facts based cn substantial evidence. E. Automatic Revocation. Any permit granted pursuant to the terms of this section shall be deemed automatically revoked if the ooeratoz's recycling certificate is revoked pr susrended by the California Department of Conservation oursua:._ to the terms of the Califoraia Beverage Container aecyciing and Later Reduction Act. lord. !21 §3, 1Y b']) Chapter 17,06 LANC DEVELOPNENT 3EVIEW .'.06. 0 Development/design review. '7.06.0 :4 iaor development review. 17,C6.030 Residential growth management review system. 17.06.010 D elooment/design review. A. Purpose and intent. 1 This sec ,.'on establishes the revi e'.u procedures for residential, comme ial, industrial, and institutional development proposals to acilitate project re clew by local responsible agencies ar.d a development/desicn review com- mittees in a timely and eff Tent manner; tc ensure that development projects comply 'th a1i aoplicah le local design Guide lines, standards, and ord,. antes; to m±..^.imize adverse effects or, surrounding prooeztie and the em: ironment; ar.d are cons ate r.t with the general p n which promotes high aesthetic and func,.icnal standards ccmp lemedt and add to the physical, economic, and social c -ratter o'_ Ra.^.c ho Cuca- monga. 2. In addition, the city finds hat a development/ design review process will support the im ementation pf the general plan, as it stresses quality commu ty des:an stan- dards. The city fug her finds that the goal y of certain res :dential, institutional, commercial, and i ustrial uses has a substantial impact cpc r, the visual appeal er,viron- ~t .. a.,o« is ..a -i. ,.c ... ....... .. .. a.... t~] I Yrv YC v a v• the city. This sectionTis not-intended to restric imagina- tion, innovation or va r. iety, but rather to focus on mmuni- ty desiy r, principles which can result in creative ima a- tive solutions for the project and a quality design for e city. It is, therefore, the purpose of this section to: IRa rcho Cucamonga 272-3~d 5/88) ~9/ CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT FACT SNEET Aa Cal..---ia's racer ly eracta3 °ott l^ 9i11 estab- lished~a new recycling program for beverage containers to be administered by the Department of Conservation's Division of Recycling. The first of its kind in the nation, the program is intended to increase recycling of beverage containers and decrease litter. Thousands of recycling centers will open statewide for consumers to redeem their aluminum, plastic, glass and non-aluminum metal beverage containers. o Convenience zones are established showing a one-half mile radius around every major supermarket which has $~ million or more in annual gross sales. Recycling centers must be opera t.inq within the 2,741 zones by January 1, 1988 or dealers within those zones will be fined $100 daily. o Beginning September 1, 1987 beverage distributors must pay to the State one cent for each beverage container sold in California. Redeemable containers will carry the mark .,~~~.o.. ,,.:. ..~.. ;c~.t. o.-, .a...z. o Beginning OCTOBER 1, 1987, consumers who return their me rked beverage containers to certified recyclers will be paid one penny per container, plus any applicable scrap value and bonus. o The program has a goal of 80 percent recycling. However, if a 65 percent rate is not reached for any specific container-type ~6y January 1, 1990, the redemption value goes to 2 cents, and to l cents on January 1, 1997. o The unredeemed portion of the fund will be used to provide incentives for recycling centers to serve unae rved areas, recycling bonuses for consumers, litteE and recycl ire grants for community conservation corps programs, public education and promotion, and administrative costs. o Incentives are also provided for nonprofit organizations and curbside pickup programs operated by either nonprofit or municipal districts. CITY OF RANCHO CiiCAMONGA STAFF REPORT ~< =~,. DATE: January 1], 1990 TO: Mayor and Members of the City Council FROM: Diane O'Neal, Administrative Analys9 t ~' SUBJECTi IIPOAT6 ON USE OF RECYCLED PAPER RECOMMENDATION It is recomme ndetl that in Ju iy, 1990, Purchasing order a few saw cases of recycled paper for evaluation ae a pilot project. EACAOAOIJNP The purpose of this staff report ie to provide an update regarding the use of recycled paper. At the time the City developed its "in-house" white paper recycling program (January, 1988), Purchasing investigated the use of recycled paper and indicated there was a cost differential between available recycled Doper and virgin paper cf almost 100 percent. Also, the greeting cacti industry was the only user of recycled paper and, thus, the relu r.tance of na Der mills to nmduce recycled paper. The recycled paper was also not of a quality acceptable to most bueinasses. Recently, Purchasing xotxamined the use of recycled paper and advises there is now a greater demand for recycled paper and the i.ndusery, itself, has been improving the technology for producing bath recycled bond antl pr toted paper (letterhead). Rri of ly. Che issues of both quality antl cost in the use of recycled bond paper are important considerations. Presently, tneze ra a concern that the recycled bond paper may cause frequent "jams" when used in our copiers. However, our supplier advised that 6ecauee of production improvements, the quality of recycled paper may become as good ae virgin stack in another six months. In addition, there coot louse to be a significant cost differential between using recycled versus virgin paper. The State office of Procurement atlviees a set, minimum order would have to be placed for recycled paper and at present we are unable to olace such a large order due to lack of storage apace. ~q3 Update on V6e of Recycled Paper January 17, 1990 Page Twc It is anticipated that once we move into the civic Genre r, Purchasing woultl urder a few sample cases of the recycled paper and evaluate its use before any commitment to large orders. A further update with recommendations regarding both quality and cost of recycled paper would then be provided. Additions 'y, the City utilizes a "raq^ paper for its letterhead and suppl iecs gc ..__ -__ .he __-~^-leg _ __ -` t*.e _„guc«i_., of the __ pa.^er. The r=a=n. suppliers do not use the'recycled paper to produce the"c"rag" paper is because the "recipe" for the production of the "rag" paper ie trademarked paper. Suppliers advise chat the technology for using recycled paper to make a "raq^ paper ie continuing to improve and may be available within six months. once an evaluation of the improved recycled paper for use in "rag" paper hoe been completed, the Council may wish to cone ider using the recycled ^raq" paper for its letterhead. In conclusion, the demand for recycled paper continues to increase and ae soon as we have evaluated the improved recycled paper, an update will be presented to the City Cour,c it for its coneiderat ion. DO/saf 90-018 ~9 3 ~4 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January 17, 1990 TU: Members cf the City Council ~+''~.` f iJ-/ FROM: Denni.e L. Stout ~ (~v~~~e ~ i ~w, / 1 Pamela J. Wright ~~ '(*' 1~~ ~'~" Council Subcommittee for Nietorrc ~reeervation Commission SUBJECT: HISTORIC pRE6ERVATION CONNISSION APPOINTNCNT6 The Council 6uhcommittee for the Historic Preservation Commission recommentle the reappoin[msnt o£ Commissioners Eugene Billings, Steve Preston and Ada Cooper. DO/s of 90-025 3 - CITY OF RANCHO CtiCA~10NGA STAFF REPORT DATE: January 17, 1990 To: Mayor and Members of the City Council FROM: Duane A. Haker, Senior Adm iniet native Assistant SUBJECT: JOINT MEETING DATES Listed below are the days of the month mn which regular joint meetings could be held by the City Council. The limiting factor in determining these dates is not the availability of rooms. The limiting factor ie finding a day on which a Commission is not meeting. Since the joint meetings are primarily with other City Commissions, to come up with a regularly scheduled joint meeting night for each month of the year requires that the night be at a time when another Commission ie not holding its regular meeting. The days that are available for joint meet toga each month are: any Monday, second and Eourth Tueeday, second Thursday and any Friday. Since their ie not a problem in obtaining a room for these meetings, especially when the Civic Center is completed, the Council may wish to pick a day on which one of the commissions meets and simply make special arrangements for that one month. Aased on the Council's decision tonight, staff will proceed to make the necessary scheduling arrangements for the remaining meetings of the year and for the meetings for the upcoming year. Rene ec~ubm it ted, /~~~ Duane A. Acker ~=n.Ar ,,.. ~i.n.a.va u,c non rn~ant DAA/eaf 90-027 J / ~./ CITY OF RA1CY0 CI;CAMOVGA STAFF REPORT DATE: January 17, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner r ~ F SU BJ EC is STREET NAMING - P, report on the status of the City's current s reef-naming policy. i. RECOhMENOATION: That the Planning Division Work Program be a ,7us e o a e immediate action on updating the Street Naming Drdinance and the implementation of phase one of the street name checking computer program. Further, that a work program for addressing correct street name problems be prepared along with the Fire Department and that staff continue to pursue our computer capabilities. II. ABSTRACT: The City Council (Fire Board) requested a report on the iZ~ty s current process and regulations on street naming. III. 9ACKGROL'ND: When the City incorporated to 1977, it inherited s reef-naming problems from the County. For example, there is a 24th Street in Cucamonga (below Arrow Route) and in Etiwanda (northerly Citv limitl. Annrhnr oramnin t~ ~~~mho.on ~..>e.. Cucamonga, such as 24th, 25th, and 26th that are "out-of-sequence' with other mayor numbered streets elsewhere in the City, such as 19th Street in Alto Loma. These street naming problems are not only confusing to residents and visitors, but present an even greater difficulty for public safety agencies who must respond quickly in an emergency. To address any future similar problems, the City Council adopted Street Naming Ordinance No. 144 on May 20, 1982. The Ordinance established procedUT'2s for naming new streets and changing existing street names. Ordinance No. 144 requires that developers must submit proposed street names to Lhe City Planner for approval. The names are reviewed for consistency with the naming conventions set forth in the Ordinance (i .e. - north-south streets to be named "avengnc^). •n,e ,_.ordation of uhs: final tract rao actually creates new street names. The process for changing a street name may be initiated by public request, Resolution of Planning Commission or Resolution of the City Council. Public hearings must be held by the Planning Commission and the City Council under the existing Ordinance procedure. This process 15 time consuming and costly. For example, the Hermosa/Turner nano change took approximately flue months to complete. Street name changes can also be a very //D CITY COUNCIL STAFF REPORT STREET NAMING January 17, 1940 Page 2 sensitive and emotional issues to the public. In addition, residents and businesses affected by the proposed change may incur inconvenience and costs associated with changing signage; notification of custaners, vendors, and creditors; and reprinting business materials and advertisements with the new street address. The City would also incur direct costs in the ma ~ufac luring and installation of new street name signs at a cost of approximately Es5. 00 each for single blade signs and E50.00 each for overhead-type signs. IV. NAMING PROBLEMS: Most street name problems fall into these general ca egories: duplicate names ("24th Street"), 2) difficult to pronounce names ("Via Salsipuedes"), 3) continuous/discontinuous streets ("Highland"), 4) out-of-sequence numerical streets ("24th" and "19th") and 5) sound alikes ("Malven" and "Malvern"). As the City has grown, so has the nurtber of street names. The list of street names changes daily as new maps are recorded. (There are currently about 1.800 street names in the City.) Public safety is a primary concern in naming streets. In emergency situations, street names and addresses can directly affect Fire or Police response time. Street addresses are equally as important to Public Safety Agencies. Dispatches are made based upon street address bt ock numbers. like all cities, street addresses are assigned by the Building 8 Safety Division as part of the building permit process. in response to a request from the Rancho Cucamonga Fire Protection District for the re-examination of the Street Naming Ordinance and specific requests for street name changes, this matter was added to the Planning Division 86-87 Work Program, but given a low priority. Work on the amendment to the Street Naming Ordinance and street name changes, except for the Hermosa!Turner S*.reet unification, has not occurred to date. PROPOSED PROGRAM: To address the concerns identified earlier by e ire is r ct-and City staff, staff would propose that the following measures be undertaken: Step 1: Update he Street Naming Ordinance. Step 2: Develop and implement a computer pros ram 4n ass;st with street naming and street addressing. Step 3: Include the Fire District in the process of naming streets (part of update to Ordinance 144). Step 4: Invoive the Public Safety Comnisston in the street name change process (part of update to Ordinance 144). Step 5: Pr?orftize and initiate street name changes. 3~~ CITY COUNCIL STAFF REPORT STREET NAMING January 17, 1990 Page 3 In Decen~er, staff met with members of the Fire District to discuss mutual concerns with the current street naming process and possible directions to resolving those concerns. Staff has attached, as a part of this report, a Fire District memorandum sumnari zi ng that meeting. Further, staff has met with our own in-house computer experts to identify the ability of our current computer system to actress the concerns noted and, if necessary, what it would take to computerize the street naming prate ss to minimize the potential for human error. Attached is a sunma ry of staff's findings on the capabilities of our current computer system and the recommended adjustments necessary to address our current concerns. In conclusion, the naming of streets is important and can create conflict with public safety response time if not properly implemented. Therefore, Staff would recommend, with City Council concurrence, that the Planning Division take immediate action on updating the Street Naming Ordinance and implement phase one of the street name checking computer program as outlined in Jerry Fulwood 's January 10, 1990 memo. Further, staff would recommend that a schedule for addressing current street name problems be prepared along with the Fire Department and that staff continue to work with the Resource Services Department on computer programming that will further improve our street naming process. Attached for reference is Amvanced Planning's current work program. Adjustments will be made to reflect the changes noted above. Respectfully submitted, ~8u 11e~~ City Planner DB:sp Attachments: Ordinance 144 - Street Naming Drdinance Memo from Fire District Memo from Jerry Fulwnnd nn Drn_pn_sen cr regr µ;,~ C.".eck ing JyS tom Planning Division Work Program ~~ O ~- C SECTION VI ORDINANC_° NO. 144 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING PROCEDURES FOR STREET NAMING WHEREAS, it is necessary to establish procedures for street naming for new public end private streets in the City of Rancho Cucamonga in the interest of uniformity and to avoid confusion to the public; and WHEREAS, it is desirable to establish a procedure for changing existing street names in the Cify o[ Rancho Cucamonga; and WHEREAS, the Planning Conmission has adopted Resolution No. 81-29 establishing Street Naming Policy for Rancho Cucamonga on March 11, 1981. The City Council does ordain as follows: SECTION _1: STREET NeLMES A. That street names should De oleasant auuuuing, app rop n ate, easy to read (so that the public, end children in particular, can handle the name in en emergency situation), and should add to the pride of home ownership end conmunity. B. That the following types of street names are unacceptable: numerical names (1st, 2nd, etc); alphabetical letters (A, g, C, etc. 1.;. frivolous, complicated or undesirable names; unconventional spelling; compound names; given or surnames of persons living or dead (Pioneer families, historic persons, etc., excluded). C. That streets which ere continuous shall De extended in accordance with the present street names wherever possible end feasible. -la- ~~ ~ ~ C ` D• That discontinuous streets shell not be given the same name. E. That duplication of existing or proposed street names is prohibited. Similar sounding names are considered to be duplication, regardless of spelling. F. That in existing areas of the City, strive to hsve ne» st ,-eat ,-,ernes be consistent with the prevailing theme of north/south streets named attar gems and east/west streets named after trees when possible and where feasible. G. That streets with a 90 degree or more change o[ direction shell change names at e convenient and appropriate poinVt as determined by the City Planner. //~~ H. That street designation for present and future streets shall be as follows: 1. Bauleverd Special East-West Streets to be named Boulevards. 2. Streets East-west streets to be named Streets. -• ~~.~oa iiorcn-south streets to be named Avenues. 4. Road Any diagonal street which does not conform basically to grid to be known as Roads. 5. Drive Eest-west streets parallel to, but between named Streets, to be called Drives. 6. Place North-south streets, parallel to, but hetweeP. narred Avenues, to be celled Places. 7. Way Any irregular street which cannot conform to any grid to be known as Wes, pp~~ -19- ~V 8. Court A cul-de-sac or dead-end street with turnaround which cannot be reasonably eziended to carry the name of the preceding street. or A cul-de-sac which serves not more than seven (7) lots shall carry the same name as the street serving it. 9. LOOP A street which originates end terminates on same common base street shall be designated as a Loo (East-west or North-south street and named to indicate the same common base street. 10. Pronta¢e Frontage roads shed carry Road the same name es the street or avenue served and shall not 6e i.luor:r: SECTION 2: PROCEDURE A. It is the responsibility of the applicant for development resulting in the construction of new streets to submit names to the City for approval. B. The City Planner or his designee shall app rtroe all street names in the City of Rancho Cucamonga, SECTION 3: CHeWGiNC OF STREET NAMES A. The nhnngl.^. Cf .raei nnmec :^,ay ba tnitieted by 6eny of ,the following: 1. Public request which must be in writing to the City Council stating the justification for such a change. -20- I ~'al _„ ~!I 2. Resolution at Intention of the Planning Commission. 3. Resolution o[ Intention of the City Council. B. If change is initiated through public request, the City may require the applicant to pay all costs incurred by the change (including, but not limited to street signs, public hearing notification, etc.). 0. In all cases, it shall be the duty of the Planning Division, to prepare s report discussing 4he justification for such e change, recommending a replacement name end discussing the impact of the proposed change. SECTION A: STREET NAME CHANGE PROCESS A. The Secretary of the Planning Commission shall place the matter on the first available Planning Commission Agenda, and shsl! submit the repori to the Pianning Division at that time. B. The Plannin¢ Cmmmiccfan stioii e,. ~_., public hearing on the proposed street name change. Said public hearing shall be noticed to all property owners on the street proposed for change by mail ten (10) days prior to the hearing, or by the posting oC a notice along the street at 300 foot intervals, ten (10) days prior to the hearing. The Pos"~` Of [i ce, County Recorder, Fire District and Sheriff's De parlment shall also be sent written notice o[ the proposed change. C. The Planning Commission may recommend approval, conditional approval, or denial to the Qngnnil by Peg ~ „ pliTJl}6nl in C. the findings in Section ~t~ of this Resolution. -21- C ~ D. Upon receipt of the Commission's Aesol~tion, the City Clerk shell enter the matter on the next avs ileble Council 9genda. The Council shall hold a public hearing. Said hearing shall be noticed in the manner outlined above. E. Upon receiving testimony at the public hearing, the Coune?! s..^.a?: announce i:s decision on the proposed street name change by Resolution. The Council may approve, conditionally approve, or deny the street name change pursuant to the findings in Section 5 of this Ordinance. If approved, the Ordinance shell include the date upon which said change will become effective. This decision shall be final. Sixty (60) days prior to the effective date of change, the City Clerk shalt send written notice of the change to the Post Office, County Recorder, Fira District and Sheriff's Department. SECTION 5: FINDINGS Street names may be changed pursuant to the [oliowing: n mn.,• •ti~ i•; JrJS c.i viinuge i3 COI1513[enL with the goals, policies and standards o[ the General Plan. B. That the proposed change is consistent with the adopted Master Plan of Streets end Highways or adopted Circulation Element. C. That the proposed change will not cause significant adverse impacts upon the environment. D. That the proposed change is deemed necessary to protect the public health, Sufrty, rnmr'nS?, __... _... .. ,.., ., aria ~enerel welfare. ~v3 _y2_ { SECTION 6: SEVERABILITY The invalidity of any word, section, clause, paragraph, sentence, par[ of provisions oC the Ordinance shell not affect the validity of any other part of the Ordinance which can be given effect without such invalid part or parts. SECTION 7: PUBLICATION The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within [iCteen (15) days after its passage et least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 20th day of Mey, 1992. AYES: Frost, Mi kels, Pelombo, Bridge, Schlosser NOES: None ABSENT: None /-mil !/, i //, i', / / ~ ~~, ~ _ Philli D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk -23- ~~ RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MEMORANDUM ~S- r - I'i TO: Chief Michael Q Y FROM: Ron Mayfield !~~' SOBJEC"~: Maps ~I DATE: December 8, 1989 O:t December 5, 1989, Chief Corcoran and I met with Brad 3uller and Dan Coleman to discuss street mapping as it '~i pertains to public safety. The meeting was very productive it as we discussed areas of concerns, possible solutions and concluded with a definite plan of action. The areas of concern identified by both parties are as ~ follows: I j 1. Street naming to include; duplicate names, names that 'j are difficult to pronounce and same street names in d.ff~ren~ areas. ~, 2. Street breaks to include; looped streets, streets that ' have iJ/S and E/W adraccea lenmor:me= fti~ ^_^^) ~••- "--"- .. .. r ~...... intersections and naming/addressing of streets with a 904 bend. 3. Street sig r.s to include; the lack of street signs at designated breaks or intersections, and 100 block designators. ~ 4. outdated ordinance and perhaps a lack of adherence or understanding. The need to couple aesthetics with public safety concern s'.^ 5. Too many personnel and departments responsible for the ~, final product. Various divisions involved in identification, naming, and addressing streets. b. Backlog of past problems complicating emergency services delivery, such as Red Hill Country Club Dr. addressing i and street duplication. '~ 7. The enormous amount of time, data and organization involved in mapping. i-~1 ) Maps December 8, 1989 Page Two after much discussion, the fcllowing possible solutions were identified: '_. Rewrite the City Street Naming Ordinance to include ou blic safety concerns. 2. Re~. .nstruct the process to allow for a quality product, a. Singular control and responsibility for the final product. This would provide control and adherence to the ordinance. b. Computerization of the street names (index), addresses and street breaks for more control of the data. Computerization would eliminate duplication of street names, addressing and breaks. Lt would allow for cross-referencing and da[a analysis. c. Fire Department involvement. 3. Identification of past and present problems, coupled with a process and time frame for correcting each of the identified oroblems. 4. Council/Board acknowledgement and acceptance of the level of risk inherent in the backlog of problems, with uiL Cl. ll Vll all kI11VL11.1LCl.L V11 VL I:VLLCI:Ll Ully• Mr. Buller suggested we present this issue tc the Council as a joint. interest, rather than repeating it to the Board and the Council (which are synonymous). Chief Corcoran and concur with a two-fold presentation or staff report to the Council; the first, identifying the contents of this memo; secondly, to identify the solutions for the process and final product. The next step in which the Fire District will be involved, is to identify all the past and present problems (from a public safety standpoint) involved with mapping. We anticipate to have the list complete within the next 60 to 90 days. Upon completion of the list, we will present u. ,i~ a_.._. .._ ,.__ ..,. prccced ....~ ,. oping ..1,- Lral solutions of a quality mapping and street naming prngram.l' 12t4/rb ~v `f' CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January 10, 1990 TO. Brad Buller, City Planner FROYf: Jerry B. Fulwood, Deputy City Manager BY: Bob Trammell, Data Processing Supervisor SUBJECT: PROPOSED STREET NAME CHECKING SYSTEM ~ r It has been proposed that we create a computer system which would check proposed street names and ensure that the following criteria are met: 1. No duplicate street names. 2. No street names which sound like existing or previously approved street names. 3. No street names which are difficult to pronounce. :Management Information Systems proposes a two phase approach to meet these needs. By breaking the system into two phzses, we can meet the first two requirements new, leaving the third :mtil it can be addressed in a ±ime!y, cost effective manner. it ch,.,,lA ho .,..ro.i hn..,n..o. rh~r rho n.n,rn~..,c f~ 6nA c ~...~ X1;40 .. ..,., . .o .. ......._ ...... ......... ......... he written to a 100% accuracy level. Because of this, they must be viewed as an aid to the decision making process, not as a definitive source. The Planning Department must assess the usefulness of the system and determine how or it' it would be used. PHASE ONE The first set of programs would check a proposed street name to ensure that there is no existing or previeusTapproved street name that is identical or that sounds the same. The program, which would use a built in function of the ORACLE Data Base Management System called SOUNDER, would allow the user to enter the exact spelling of the street. The program would then check for street names in the data base which are spelled the same, or which would sound similar. For Ic •f ^ ^trcet ^ ^f 'Ph^^thill" ~d 'M - uld d's-'a- x^mp. ,.., ..amc „ ,,,, :. proposes , .. p.o~,am wo N, y °Foothill" as a possible duplicate name. The user would have to determine if Phoothill" and "Foothill" would actually sound the same, as the program would also flag as duplicates, names that sound quite different when we pronounce them. For example, "John" and "Juan". ~~ Memo To Brad Buller PROPOSED STREET NAME CHECHING SYSTEM January 10, 1990 Page 2 This program could be made available approximately two weeks after your approval, and would require approximately 40 hours of programmer time to complete. However, because of the lack of &rm rules in our language, and of the use of foreign names, there is a probability that duplicate names would occasionally slip through the check. We recommend that research be performed to identify the phonetic clusters to be converted, such as "ph" to "f', as Management Information Systems would not want to take the responsibility for missing a conversion. It is also recommended that the Planning Department approve the list. As more conversions are tested, the number of checks also increases. For example, using just a few conversions we ran a quick test on Filkins Avenue, a current street in the city, and found 2250 possible phonetic spellings! PHASE TWO Phase two would check for the difficulty of pronunciation. Currently, no known meihod exists for determining how difficult a word is. Common words io us, such as Cucamonga, may appear difficult to a computer program, and the program might pass short names such as Xyzyx. We have contacted several Universities and they have told us that they know of no computer algorithm to determine the difficulty of a word. We estimate that implementation of phase two would prove very time consuming, costly, and subject to dispute. Management Information Systems will continue to review literature and inquire as to how others are treating this opportunity. Should you have any questions, please do not hesitate to give either myself or Bob Trammell a call. JBF:BT:de L~~`~ ao a .. r o~ >` aq LQO Nf" ~ rv`dn g\v° ~j - eim "o ~° e316 v .. ~ N u ~ - NciN nq"' e'c~c"i i v~o `e ~o Y°S ~u S.n € g ~'S z~ 4~°~ u.w~ B« a~~ve ~ Na a '`~ '~aS ayo @ ~- P ^~2"a `ucm aiA E f fr8~~ of ~8 ~vL' .% a 8d 7 ~ ~ ~ s ~'qF E~YL ~ .~Y g~ ~ m Wma` mmum3 9~~78 3 ~~3 ~ S ~~'9~~~9.~ L8n ~~~ .. 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L~ `o~~~ v~g~~y a ~~- ~, ~dY -e~~ 'pS JEE@C ~ BmVOSS ~~~~3'° ~ 5`I 0 <3 3,k~4 4 m ~ if ~ ~RBi ~ 8 ~ f ~ `$ ysEb ~ ~ o ~ o 0 N on PDP~ bS 888i~ 8 fi~~ ~ 8 8€ 8 8 8 8 b 0 0 0 4 °~m m~m° ~ moo u~c ~`o~ m m w ~ m ~ m 8i m m m ~ a r.m ~ o "u o ~ e add ~ ~ ~ ~ ~ ~'-LC ~ .. ~~ k a of q :sue: z ~ ~a ~ = A ~ v ~s" i a a~ q ~ a ~ ~ ~ ~ ~ r~ i .'- 'sy L' ~ ~ 5. c .`- c ~ a ~ 6 rn Y .~ Z vq' u _« 2 u Lc c_ .. y~y o JS ~ E O 65Llutu 6 ~P Y 6~ ,~ u J q Y 4 St a u ~ e u Y S Sl Ji F ad .~ F~ .n .n 3 9 4 3 0 r .-r N rl y ~n .~ .v rv nl q N .O 1~ 0 P ~l~l CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January 12, 1990 M a.rn.~ ni4.r n r.i l_ ar..i n I(,4 ~ . e FROM: Debbie Adame,nCity Clerk ,,1 L, 1,y~+~ SUBJECT: NORDIC DEVELOPMENT COMPANY The information for this item, which is on the City Council agenda for January 17, 1990, was not available at the time the agenda was assembled. It wi11 be distributed to you prior t0 the meeting. /da yia~ ~.: CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: January 11, 1990 T0: Mayor and Members of City Cc until FROM: Jerry Grant, Building Official BY: dim Martin, Plan Check Coordinator SUBJECT: RESOLUTION TO THE CONTRACTOR'S STATE LICENSE BOARD ~(~ c~~MO,I, ~i` C9 ~~ \r. ~~^ > a ~' i z r- ~ z RECOMMENDATION: The City Council approve the attached resolution requesting that the Department of Consumer Affairs, Contractor's State License Board conduct an investigation of the Nordic Development Company. II. BACKGROUND: For several months the City has attempted to resolve major construction related problems caused by Nordic's negligence. Nordic has responded slowly to the City's demands for an expad Tent rnmady to all problems. Their inaction has r- ted in a subs Lantial expenditure of resources and the subsequent devel~o pment and adoption of the 'bad 6uil de r' ordinance. HC the initial suggestion from the Mayor, and further input from the Nordic subcommittee at a meeting on January 12, 1990, the attached resolution in the Contractor's State License Board has been pre pareC. This resolution officially requests that an investigation begin on Nordic, that corrective measures be completed immediately, and that d isri nl; na ry ac ti or., which ;houN include suspension or revocation of the license, he invoked, 1 I1. CONCLUSION: Upon adoption by the City Council, the resolution, with accompanying co pl2s of cmn plaints re teived by the City, will be forwarded to Mr. David R. Phillips, Registrar and Executive Officer of the Contractor's State license Board in Sacramento. Respectfully submitted, i _/ ~;''ii~~~ i , ~~i'. .. Bui 1'9ing Official JG/JMi kes Attachments: Resolution RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAN CIIO CU C.4MONGA, CALIFORNIA, REQUESTING THAT AN IN VE STIGATICN OF NORDIC OEV ELOPMENT COMPANY BE PE P.FORMED BY THE :ONTRACTOR'S STATE LICENSE BOARD WHEREAS, the City of Rancho Cucamonga is one of the fastest growing ci±i es in the State of California having increased its population in the eleven years since incorporation from 44,700 to 104,000; and NH ER EAS, the citizens of Rancho Cucamonga, San 6erna rdino County and all of Southern California deserve acceptable workmanship within the new homes they purchase; and WHEREAS, Nordic Development Company has seven development projects in Rancho Cucamonga of which four are occupied; and WHEREAS, the City of Rancho Cucamonga has received complaints from forty-five of the seventy-one occupied Nordic homes; and WHEREAS, such comCl amts ^^ludc hundreds cf concern; regarding defective construction, poor workmanship, incompetent and negligent customer service; and WHE RF..4S, the City of Ra nc he Cucamonga is expending excessive time and resources in attempting to resolve these code and non-code related comolaints; and 'WHEREAS, the Department of Consumer Affairs, Contractor's State ~.If PnSe Roa rd has the du*_y and legal authority to investigate and discipline licensed cont rec to rs for failure of performance, NOW, THEREFORE, BE If RESOL9 ED, that the City Council of the City of Rancho Cucamonga does hereby request that the Department of Consumer Affairs, Contractor's State License Board, immediately commence an investigation of the Nordic Development Company, license holder D.E.H.H. Corp., license number B-1 475937; and BE IT FURTHER RESOLVED; that. the r;ry ro^nc,'1 os the r++y „f Ra;;c ho C ucaman ga furr,her requests that the Department of Consumer Affairs, Contractor's State Li reuse Board, at the completion of the aforementioned rove stlga lion, insure that all defective work is immediately corrected and that disciplinary action, which should include suspension or revocation of the contractor's license, is rendered. PASSED, APPROVED AND ADOPTED TNIS DAY Or JANUARY, 1990. Dennis L. Stout, Mayor ATTEST: Debra Adams, City Clerk GATE TO ~-U-vz~. -------- CITY OF RANCHO CL'CAMCNGA i~~,^ y~yl~y STAFF REPORT ~°°"~~9. Q, ~~ ~, , January 17, 1990 ~ ~j z Mayor and Members of City Council ^ w -3 FROM: Jerry Grant, Bu itding Official 6Y: Jim Martin, Plan Check Coordinator SUBJECT: RESOLUTION i0 7HE CONTRACTOR'S STATE LICENSE 80ARD RECOMMENDATION: The City Council approve the attached resolution requesting that the Department of Consumer Affairs, Contractor's State License Board conduct an investigation of the Nordic Development Company. 1I. BAC KGROUNO: For several months the City has attempted to resolve major construction related problems caused by Nordic's negligence. Nordic has responded slowly to the City's demands for an expedient remedy to all problems. Their inac ti nn has resulted in a substantial expenditure of resources and the subsequent development and adoption of the 'bad Builder' ordinance. At the initial suggestion from the Mayor. and v~~.rtier ;,,-pct ~ ,,,,, ~;~e *'^^,,. -- ... Liee ac a meeting on January 12, 1990, the attached resolution toy the Contractor's State License Board has been prepared. This resolution officially requests that an investigation begin on Nordic, that corrective measures be completed immediately, and that disciplinary action, which should include suspension ar revocation of the license, he invoked. III. CONCLUSION: Upon adoption by the City Council, the resolution, with accompanying copies of complaints received by the City, will be forwarded to Mr. flavid R. Phillips, Registrar and Executive Officer of the Contractor's State License Board in Sacramento. Respectfully submitted, / -~ Y '~~ ~. '.l/ ., ;~ Jerrys%~ra nt 8ui1~9 ing Official JG/JM/kes Attachments: Resolution RESOLUTION N0. ~';. A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING THAT AN INVESTIGATION OF NORDIC DEVELOPMENT COMPANY BE PERFORMED BY THE CONTRACTOR'S STATE LICENSE OOARD WHEREAS, the City of Rancho Cucamonga is one of the fastest growing cities in the State of California having increased its population in the eleven years since incorporation from 44,100 to 104,000; and WHEREAS, the citizens of Rancho Cucamonga, San Bernardino County and all of Southern California deserve acceptable workmanship within the new homes they purchase; and WHEREAS, Nordic Development Company has seven development projects in Rancho Cucamonga of which four are occupied; and WHEREAS, the City of Rancho Cucamonga has received complaints from forty-five of the seventy-one occupied Nordic homes; and WHEREAS, such complaints include hundreds of concerns regarding defective construction, poor workmanship, incompeieni and negiigeni customer service; and uucccec tie r;.,, ,.a o~~~r,,. n~~. m,..,,,. o„a;,,,, o „o rime ~„n resources in attempting to resolve these code and non-code related complaints; and 'WHEREAS, the Department of Consumer Affairs, Contractor's State License Board has the duty and legal authority to investigate and discipline licensed contractors for failure of performance. NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby request that the Department of Consumer Affairs, Contractor's State Lice'n sse Board, immediately comnence an investigation of the Nordic Development Company, license holder D.E.H.H. Corp., license number B-1 475937; and 3E Ii FURTHER RESOLVED, that the City Council of the City of Rancho '. iuiiod fui thei ieGueSLi Thai the --di imenL - Cani un~ei Affairi Contractor's State License Board, at they tompl et ion of the aforementioned investigation, insure that all defective work is immediately corrected and that disciplinary action, which sho yid include suspension or revocation of the contractor's license, is rendered. PASSED, APPROVED AND ADOPTED THIS DAY OF JANUARY, ?990. Dennis L. Stout, Mayor ATTEST: Debra Adams, City Clerk ~. Ul'1'Y VN' HANUt1U UUCAMUNGA MEMORANDUM GATE: January 35, 1990 TO: Mayor and City Council (~ I1' 0 LyY- FROM: Hehhie Adama, City Clerk S JHJECT: ITOI el - TMI In A CRRS CBTITF.R P lease include the attached with the information you have already received regarding this item for the January 17, 1990 agenda. /da Attached G1'1'Y VN' RANCHO CtiCAMONGA MEMORANDUM DATE: January 12, 1996 T0: City Council PROM: public Safety Commission SUBJECT: Aeso lotion - Trauma Care Svetem The Commission recently examined the current statue of the trauma care system in western San Bernardino County. This action came about as a result of the need to request an air ambulance within the City and none were available. Ae the staff reports indicate, there are currently only two trauma care hospitals in the County, and neither ate in the Weet Valley. Ae a result, trauma patients must be flown out oY the area to receive trauma care. In meeting with the County Health Officer, the ICBMA Administrator, and San Antonio Community Hospital, Ue Commission's Subcommittee on Emergency Medical ' -- •-- _~ w~nuce root aan AMOnro Community Hospital might rejoin the trauma care system. The Reeolut ion provitled far Council's consideration urges San Antonio Community Hospital to rejoin this system. Doing so will provide trauma care in the West Valley and will largely obviate the need for low-flying helicopter landings within the City. A local trauma care provider will provide needed emergency care to our residents quickly without the g~peee ity of time consuming, expena ive helicopter flights. The Commission urges your support and endorsement of this important goal. Reepectfully submitted, ////d~in I ~ ,I ~--- C lyd~ Boyd Chairman OF RANCf10 CL?CAMONGA dEMORANDUM D S E S S I D N To: `Mayor, City Council and City Manager From: im Hart, Administrative Services Director S ub ier.t: CLOSED SESSION REPORT RE6ARDI N6 THE PROPC o cy~MO.l~, T n f F ~, ill ---iha_ ---~1 As you are aware, the City Council developed a list of survey cities to be used for labor market comoa rison. The current cities were developed as part of the classification and compensation study implemented in early 1983. As part of the current classification and compensation study, and based on the many changes to the City of Rancho Cucamonga, the consultant has reviewed the labor market and the cities we should 6e comparing to, The consul to nt wants to discuss this with you during the closed session. The consultant is developing the report and will deliver it to staff on Monday, January 15, 1990, We will deliver it to the City Council for your review es soon as we receive the report. Should you have any questions, please contact me, JH/don Oa te: January 17, 1990 C~ ATTACHMENT 1 3 7la f~ CITIZENS ENVIRONMENTAL MANAGEMENT COMMISSION (CEMC) STRUCTURE i clTr cotvcss, Dennis L. Stout Deborah N. Brown William J. Alexander Charles J. Buquet II Pamela J. Wright CTI'Y COUNCII. ALTERNATE 3UHCOMMITTEE Charles J. Buquet II Pamela J. Wright Wlilfam J. Alexander , CTIY STAFF 3 ~~ C r~ '~ ~ ATTACHMENT 2 n ~ J ~J ~ 7!P D ORDINANCE N0. 307-A AN ORDINANCE OF iNE CITY COUNCIL OF 7HE CITY OF RANCHO CUCAMON GA, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE RANCHO CUCANONGA MUNICIPAL CODE OISSOLYIN6 THE AWISORY COMMISSION ANO CREATING IN ITS PLACE A CZTiZENS ENVIRONMENTAL `1ANAGEME HT COMMISSION "`e ~:n:il of :.`.e of daneha Cucamonga, California, noes hereby ordain as~fellows: SECTION I: Chapter 2.28 of the Rancho Cucamonga Municipal Code hereby is amended to read as for laws: Chapter 2.28 CITIZENS ENVIRONMENTAL MANASEMENT COMMISSION Sectiont• 2.28.010 2.28.020 2.28.030 2.28.040 2.28.050 . 2.28.060 2.29.070 2.28.080 Created. Rota of metstton. MsMrship--Generally. Neabership--ierws of appoiM~aent. MerWrsMp--Reawval of Msters. Regular aeettngs. Officers. Joi1Yt SUbcoer•itUe Afetinga. 2.28.010 C.•.~•a. T`.r. {, and snarl rwaln in tht city goverment a Citizens- nE'r~roiranCaT-Managetent CoMlsflon (AenlnafUr 'CEMC•), a body rapiacing tM Citlzans~Advtsory Cal~taston which Mnby 1s dltsolved. 2 28,020 Rote of cosrission. TM CEMC sMll act to an advisory capcity tote 1ty une an ann ng Caw•ission on anviremental issws. 2~,2~~~~0~3~~0. MrbersMo--Generally. TM CEMC sMil consist of a total of eleven~rs. sl,e o t • s all M resfdeMS of Ranch Cucamonga and shall M appotrdad by tM City Connell. A snbtowetttee of the City Council sMlt sub~it to tM City CounNl tM nape of any person Droposed for appolMaeM to tM CEMC and upon such appolMaeM by LM City Council, tM nacre of tM appollKn sMll be raeorded in !M Hnuta of tM C1ty Coencii meeting. TM nine aiwbers of the Cttians Advisory Coz•tssion dtssoiwd Mreby sMll M dewed aNrbers of tM CEML for the dusaitae of t!!e te7 of Dili ce they pare warring ^_n Lho fw",Vi'sery Oo~ifalOn. 2..,18,.010 MalsbersNlo--Tersis of aooolMsiellt. A. TM el wen awDers of tM C s Tl a-fci serve two•yeau• ems. r five or six erben of the Advlwry CaNsston sMll M comtdered annwily by tM Ctty ColNlctl . A owber sMll continue in offla unt11 hislher rapectlw successor is appointed as set forth below unless sooner reagwd as provided in Lhts chapter. 7~ G .;e , n LJ enms L.' tout, Mayor ATTEST: bra J, ms, City er I, DEDAA J. ADA1G, CITY CLERK of the Cfty of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance Mss introduced at a regular meeting of the Council of the Olty at Rancho Cucaaanga held on the IBth day of October, 1989, and was ftmlty passed at a regular meeting of the City Gauncil of the Ctty of Rancla Cucaawnga held On the Ist day of MowAber, 1989. Executed this 2nd day of Naw~ber, 1989 at Rancho Cucaawnga. California. ra ^s, t~`J 3 ~ ~ C3 ~jye ~ 3. if a vacancy shall occur, other than by ezpi ration of the term of office, it shall be fit led ey appointment of the City Counrl fcr the remainder of the ur_xplred tens. Ali regularly expiring to ass shall terminate on December 31st of each year. 2,28.050 Membe rs hi D--Removal of members. A. Members of the LEMC serve at the pt easure of the City Council and may be removed at any regularly scheduled City Council meeting, upon three working days' prior wri ilea notice to the memhe r. Removal shall be Dy maJo rity vote of the entire City Lo urt il. Nothing in this section shall be construed to limit the exbres- sions of CEMC members save and exceet the ;~ideli,-,es esiabiisned by the LEMC. 2.23.060 Re ul ar meetin s. Regular meetings of the CEMC shall be established by resolution o the C MC. 2.23.090 Officers. the CEMC shall select a chairperson to preside at ail meetings of tTit-t"cf$, and a vice chairperson to Dreside in the absence of the chairperson. The secretary to the CfMC shall be designated by the Li4y Manager. 2.28.080 Joint subcomuittee meetlna~s. A. City Council subcomaittee and CEMC subcoaglttee c a r an v u chair) ,)oint neetings shall be held quarterly on the first tuesday of each utendar quarUr which fs not a legal holiday. in the event this fs a holiday, tM maettng will take plan on the next regular working day. Special meetings may be raped as needed by either subcommittee. B, The ,foir,4 quarterly subcommittee meetings shall be (or the purpose of estahlfsning a LEMC work program and revia of mattsrs s4udted by the CEMC. Additionally, the City Counc ll or Planning Caamis sin„ .••• aty y,•CQ work program as sl ane••+! •_! _-, :; .. nuin ins tandtnq the regularly scheduled quarterly meetings. SE~i10N 2: the City Clerk shall Certify to the passage of this Ordinance. SECT IC% ;: The Mayor shall sign this Ordlnanu and the City Clerk shall cause t1Fi -saga to De published within fifteen (15) days afUr its passage at legal once to 24a 0 it Re rt, a nepspaper of general circulation published in tlw City of ntar o, a ornia, and circulated to the City of Rancho Cucamonga, Calffcrnla. PASSED, APPROVED, and ADOPTED this 1st day of November, 1989. "vES: ~n; eA7^.dGr, °.7uwn, ilU fillet, Stout, Art gilt NOES: Hone ABSENT: Noiro LJ 7~ F ATTACHMENT 3 ~ ~ ~ H- C3ILIFORNI71 INTEOR7ITLD 1-11aTE Hl1lIRGLIa!NT ACT Ot 1989 (Ar D39) C871PTER 1095 OVERDIEM • Repeals Ti*_le 7„ of trio Government coda relating to all aspects of Solid waste Management. • Recodilies Part y of Division 5 of the Health and Satety Code relating to: O creation and Authority or Garbaga Disposal Districts O Creation and Authority of Garbaga and Retusa Disposal Districts Franchises by Counties O City Garbaga Dlapoaal contacts O solid Waste Enterpriser Enacts the California Intrgratad Waste Management Act o! 1959 which: 0 Establishes a riaw solid warts managamrnt hierarchy. 0 Caatu a new California Yntagratrd Warta Management Board ("Board"). O AbollaMe thr County Solid Warta Managemrnt Plan one r..;•~+-ob new Integrated Warta wa...~___;,;, ?tans. ~ °-tal,iiynrr a nw atata solid waste tipping tea. O Impacts the exportation/importation of waste across jurisdictional boundaries. O Raquirea Local Enlorcamant Agrncias to be certified by the stair. O Changan thr etats~r rolr in the prrmittinq o! solid waste tacilitiar. O Requires mrndstory Snrpretlon by T,11's and the state. O Plaerr nw rbtrictions on incinrratorr. ' • sect ]iron! mIl !roLIE11T a*Exarcm: ion OOOS3 raquirrr that in implsmsntinq atatr solid warts law the Board and all local agrncles (cities. county, .. ~p+~irl dist ricts) shall: O Promote the lollowinq waste managamant practlcss in order oC priority: 1. Source reduction. z. Recycling and comporting. ]. Envlronmsntally rata tsanrlormation (incineration) and l t d i an y. d sposal ai thr dlacrrtion of thr city or coun ~ 7~ .~ • State law allows th• fee to be increased to 51.00 per ton cn ~*uly 1, 1991 if the inefeass is needed to Lund th• state's program. Iwi'!dAarrb NaaTE M,~~6LNLNT PL~~e AB 939 establishes a totally new planning process at the county and city level for solid wears management. fours:' °-ask F.~~..n On or "ataz^ Harch 1, 1990 each ggy~y moat convene a Task r'orce to assist in coordinating the development of City Source Reduction and Recycling Elements. The Taek Force's membership is determined by the board of supervisors and a majority o! th• cities which contain a majority of the population. The Task Force must: O Identity solid waste managemont issues of countywide or regional concern. O Determine the nand for solid waste collection systems, processing facilities and marketing atratsgiea that xerve more than ane local jurisdiction. o Facilitate the dwelopment of multi-jurisdlcticnal arrangeaents for the marketing of reCyclabl• materials. O Pacil Rata conflict ruolution between city source reduction . and recycling plans. O Oevslop proeeduru to guide the dwelopment of a Countywide Siting Elgent. ~i~^ - - ^au.-~~an and Ra~•clino Rieaents On pz before Suly 1. 1991, each city must adopt a Source Reduction and Recycling Element. The element mwt place primary eaphasis on the implementation of all tsasibl• source reduction, recycling and composting programs while identifying the amount of landfill and incineration capacity that will be needed for solid waste which cannot be reduced, recycled or composted. Each Source Reduction and Recycling Element must include: O A waste characterisation casponent. O A source reductlon cosponent. O A recycling component. O A COmpOetlnq C:m_~i6n~Slt. ~~ A sSiid weste facility capacity component. O An Education and public information component. O A funding coaponent. O A special waste component. O A howehold haserdoue waste component. 3~~~ K O Maximize all tensible source reduction, recycling compoatin4 options in crdar to reduce the amount of solid waste that moat b• dispaaed of by Cransformaticn and :and disposal. section 40051 is R4S intended to prohibit os delay the development oP new or expanded landfill capacity. section 41700 requires all counties to prepare a siting element which idantif ies areas to be used for the dwelopmant at adequate disposal capacity. This -action expressly regal: es that the identitica tion of these sites _ccur concurrent with the dwalopmen*_ ...... impiemaneation of racyclina program.. ' A similar waste management hierarchy ha• bun in state statute far sweral years for hazardous waste. InadPaTrc w~eTa ~ amiamT eon On or about July 1, 1990, the California Integrated Waste Management Board will cease to exist. It will ba replaced by anew full-time, six-masher board. RLIMI]n1TIm* Of TII! CoefMP Article 2, Chapter a oL the Government Code relating to the preparation, adoption and rwislon oL the CoswtlP is repeala~ FtYectlve Janearv 1, 1090. there is no CoeW}[P. 7~ Tha elimination pt the CoSWM+ mans: o No county will have a det+~T•--~ LJo"n.v. ~ -': i. „~ ao:geY necauary to secure an amendment to the coSwMP wary time an existing facility is expanded or a new facility is sited. O Concurrence by the Board for all permies is 1~ld to ensuring the local pertlt is poneistent with state standards. O The Board no longer has any authority to deny a pewit baud on en inconsistency with the CoBW1ID or an inconsistency with a local general plan. O County need. to use 1919-90 Co9NNP Revi~lon ea a ounty 3tratemlc Plan and ademt into C-mineral P1 n., 11I_ t171Tf enL_~ wAeTl TIP)I!O ff1 Zn addition to the "ESetir. °ae= rtes %•ato will impou a 30 cent par ten see ar all soiid wash disposed of alter January 1, 1990. The fee will be due within 23 flays aL the end o! the calendar quarter, state law allow the tee to be increased to 73 cents per ton on July 1, 1990 St the incruse Se needed to fund the state's program. • J~ 3 %'~ • State law allows the fe• to be increased to S1.o0 per ton cn ,:uly 1, 1991 if the increase is needed to fund the states prograa. SIPfLORATRD ~/ABTa Ii»OL*n!wa' PLI~we ~B 939 establishes a totally now planning Frocess at the county and city level far solid warts management. rcunt•~ :3,5 ~~r..m on or before March 1; ?990 ~aCh county must convene a Task Force to assist in coordinating the development of City Source Reduction and Recycling Elements. The Taek Forces membership is determined 6y the board of superviaora and a majority of thy cities whim contain a majority of the population. the Taak Force must: O Identify so11d waste management iaaues of countywide or regional canwrn. O DeUrmine the need for solid waste collection systems, processing facilities and marketing strategies that serve more than one local jurisdiction. O Facilitate the dwelapment of multi-jurladictional azrangamenta for thr marketing of recyclable materials. O Facilitate conflict ruolution between pity source reduction and recycling planet. O Develop procaaurp to guide tho dwelopment aL a Countywide Sltinq Element. ~,v Source Redv~~~~- -- ~•'iYGiin¢ Elements On or before ,7u ly i. 1991, each city must adopt a Source Reduction and Recycling Element. The element moat place primary emphasis on the implementation of all fusible eource reduction, recycling and composting programs while identifying the amount of landfill and incineration capacity that will be needed for solid waste which cannot be reduced, recycled or composted. Each 9ourw RWf~ction and ReCyelinq Eieaent moat ineludr. O A waste characterization component. O A OOUrCe reduction COmpOllent. O A recycling componut. O A compoetinq component. O ~ solid -ramtc faciitcy capacity component. v An Education and publla information component. O A landing component. O A special woofs component. O A household hazardow waste component. 3 ~7b ~ .. January 1, 1994 for court ias which have more than eight •:ears • of iandtill capacity. • 9oth the County sntegratad Plan and the Siting Element gust ''oe apps ~~~d by the majority o! the cities captaining the majority c'_ the population. • The County Integrated Waite Managamant Plan and its elements must be reviewed and revised, if nacassa ry, every yza*c. Recvci_nc oal= Each city and county Souzca Reduction and Recycling :lament must provide for: O Diversion of 25t oL all solid waat~ generated by Sanuary i, 1995. O Diversion of SOt by the year 2000. • 'Iha Hoard can grant exemptions to the goals and approve a rate lover than SOt it the Hoard datarminaa the local agency is doing the maximum amount taaalbl• • Failure to mast thaaa goal^ could result in state linos o! up to S 10,000.00 oar day. Board ADOrova: Local Racyclinq Elammta and County Intagrabd Plans must b• approved by the nay Integrated Keats tianagamant Board. Failure by any city or county r~ ...wait -- oc..~P4aDi• plan could result in acate riper o! up to 5 10.000.0D Da day. State Guidelines State guidalinu for the preparation o! Source Reductior, and Racyclinq Elamanta should be out around Suly 1, 1990. T~sal Faf Authorit,Y • Each city and county is authorized to impose tans to pay Lar the preparation and implamentatton o! racyclinq elements, siting elements and the Intagratad Plan. Tba asount of the !us must b• directly related to the cost of Draparatlon and adoption. SIDDO rt a t i on / Exee.-r. r+ -- • Esch city and county is authorized to asses spacial taaa of a naaonabL ame+~r an eha importation o! Waeta from outside chs county. S 3~S- yn The law also states that ao city or county can export caste to other jurisdiction unleaa the city or county has an approved SourcTe Reduction and Racpclinq Element and/or county lntegrarid waste Mona 997 nt plan. This provision does not take effect until January for counties with less than five years or remaining lantlfill capacity, other counties will receive additional time, RE ;uiras the Board to ado t, regulations for lvicel ~_ P by August 1, 1551. LNTtitlcat:oz -..toycement agencies. Each LEA muaC asst specific criteria to be cartif tad to perform Permitting and Snspection lunctlona. ~20d Requires the Board to establish a spacial unit to irvestigata illegal, abandoned or closed col id vaste disposal sites to ensure protection of public health and the environment. Prohibits the issuance of a permit for the incineration at solid waste unless: ~ The Project used ^tront-and recycling muathods^ to remove t~ the maximum extent leaslble)~ recyclable materials from t vaste stream. ~ Ash is continually tested for hazardous constituents. 6 • 3 ~~ N .. • .....a.......a .................. ~'oorQualit ....-........ L£GI~TECM BILL TE%T REDUR2 Y :_ - r . ...... ........ . • nfi .-. ; -• ... .... .... .. ....'a.Lc'_ 179. .. - ....--~ .. : YSdn <t CO dmand $eC tiJO ~. _ ][, ad tO 't'ail ~ ila(Ce:' 1 :.`~mmafi.l:n) ~ 3 l[h ~nC': fin t,C70rJ1 Of, l`tlapCP[ ."' 'nmm?nC:nC] x] h Jai`,[ICr. ']bY i:i) Jr, A - P ~ ` ` r [acle , ommenelnq xlih S ect wn om . ), Ar . b:.- -:mmenc:ny .:ch T uee Croc -~n Ue, 30 ), Ar UCle ] teymmenc:ny oleos _ucn o~'9t.4S~, drt:ie e 4 r mmen::ny wlth 3acuon nn", b..,u, Arn:..e 5 •ommem: vly wtt!: 5ec'ton ~ ' 6bZ de. hi), Artu:a> •cunmenc my u:!.h 3ecc:on he' lp,ci ~, Atuc:e ^ : -. mmenur.y eu.h 3ecuon t, c'J?o.?; Arncla y :;.mmar*:1ny vch lac clon ' yn r. aL~.' and Aa1:~L+ E ~ -'mmenc ulq u1Ch Sec nJn a "~h. ]E 'h.apter l A h ~ :c, nd ] aptec 4comma n. fro w)ch •rtlon co:'!+) or., TaL? ' a - - 3 r,a ;]ve;nment rode, tc. repe a: h aPe Pr 1 ~comme.^..v 1ng inch .:a.rt:or. i_C.. .. ~,:haot2C LS ~commer.cln9 w:tn ~accun iPV`, .na p: ~_ -om mn r, ~.ros v .. : e_ .-. _ :ap'-ar ...i ~..vommena ny uah Se~-•yrn( _ ~ ' I)mmen[1nq wlCn o2CaOh i:pUi, ihapC2C ,:. • :; mm?nC: q w:[n :.• ' ' ~ i_ V ~, at~i ' h]pr.yr i Kamm2nclny vttn $2C t1J.^, i'u'yi + nvt .: c: r> :.: ' ~ r - ^ and Eatery fade, and !n add U1v s :an i ;mmen~ 1ny u ~r~3~.~~)Ji• ' '~ ~) .3 c ; ti, and to IePeal Secr:on 4bdi1 nr, cne F e h -o..[,- je ~ ~ U :h de, and rJ n and aCr:p'la l51)Vi, `l ~i~)I)J, }S.IJ- t' ~~G ~•: '5: i ~ ~ :] 'i:. ~: a. 4E+i 1, an•4 4594.; Jc the R2VeriUe anG Taxie t":: : :~1? :'v.a-:::y ' .~. ~J , . 301:U V,i3t f. ' ... Apf.r.:vad ny ':o velm :r oeN CZmbzr ] r, Rd _ azd u:rbd?c teary Jf !a'..1 Np..,,m! er ., .. .. -.. ] _~ LE:;:d LF'.:'v'i ~_. U:1_Ef/a UluESi e ' Ab 439, S'.:2r. So11d waste management, aJUme red uot:on, rep: Yc L:ng, - compasrtng, and mack2c dave:opment. _d .i E.:atlny lay, y2neraLiy, ragu:ates [he its-aa: of aaild uaatz. Tn1a b):1 would e cc th CY E I i d A 1 ~S M nd e Orma nteqr a!s l a l o de ce anayemen[ ACt uE lJR9, ad diacusezd belay. ~ '.7) Ex canny eau pmvldea Eor the Caltforn la Naa':e Manag anent board, . -.: rw_tann.i of 'i mamber9. ~ :h:a h:[1 would rap'al thar provislon and, lnstead, provlde EJr tnz i ..aafi~~rnla :nteyraced Raate Management and Racyc llny Boars, ~-ona)sc:ny of •. ~!1me manbar d. The bill wcuLd provlde EJr !r an atzr ..r the dub=_, sn a'. aE r, and Eunda to that beard, The bell would pwvld2 Eop "he appJ lnimzn t, aalanda, terms, sod dupes -E ch2 board. )d :i 3 f.%t3apy 1dV C2gU 1[2a 'JUbc123 dnd i1[19S t] pp[e pere Vaa',e mana~ ement na a d co e m1( l t d l f? ld L ii p p : , m pet n , an regs a so waste nand~tng and d va osal tacllat l2s i; p . ax ihtd 0111 w,uld repeal and recast [hose pc J•na:ona ~~i am'. uou:+_ ^ a ' :ae t :e := uu2m2nfa Eor the soled waste mane^emenc p l ana, +mong . • i l Ch:nys, dgalgnaqng than countywide mtegr ated v eta mnn..yamu Lt ' ~'4 thereby )mpoa my a etate~mandat ed lacal program. Thz D1L: u:,u:d : ev s~< 45 4e tn» dutles re:aCinq Co permlta, igapeJtlen, nd royuiat :oe :~. ,:~1)d was'? Lt l ' nacl les, as apaeiEted and cou d specaEy the duclas of the board. Th•' ) : ' r ^uld dwle Ce tho exespt eon in ex:s Uny tau uhmh mxemy=a >ae t.ee c ~f3 and olld Eros llablli[y car callun_ w pwr...e ~ f •-•" ^- 4.3 " and Jm laalJna OE IOlld Mi/Ca nCaCpC lee 3. 'Ile: D31i wOYld :mpi,=P "i state-mandatmd 1oee1 pmogcam by changlny the daE:nlUJna JE •,;t tined. ... E. ET£D MATERIAL IS [R BRACKET'. f:. ADi'EU MAT°R:AL :AFiTALL.E:. ..........a......a........... ... . .. . . . . L . .. .. .. .. ..... ...................•... EGl-T ECN BILL TE%T REPORT µ. . '~_" ,E the t:.l wooed provlde Eot Derm1C fees, drsposal Ee s's, and orh2t ' _ -bargee lavlzd by the bead and the Scats BJned of '...1:.-ae:Jn, anJ th2 3 4 b1l[ could caiW to that revenue be depoai[ed 1n !!tx ::old 4iate Maha e t F- d h 'h ° yes n an , w u would cra atzd by the Dl: i, t] pay, upon appropr.anon by rh2 Legta iacure, f,J[ the rayu:anon „f ao 4d neat-. EaclL nee, as def used. The btll could auchortza, upon appr ]pnancn Cher zt•^r by the L2ylalactaz :n the nod et Act, as dpe~lf:e:l, ^L2 sae cy ~ha board x 3buu 1]By VOV h y~ E ' , rn C 2 i 1aea1 year nd a1,2V0, .iti2 :r, the 1g9Vi9: t.ucal y23C, L[Jm the ^o Ld ya/cm Disposal Bue l!2duup and Milirt arunce Ac: :;unc ' tll Chl 'i2na CaL FUnd CO( 3pai.lL lad it3rLUp '. Jd ta. Th? f.Unda wOUld bE a Ina n. vh:oh would be regwred co be [epald uu-h spec lE:ed inter ea [, as :aa ravrn ue h~romes ava uaole. :4 Tlta dt11 would make related changes. ti ~4) The Calif or n:a l'onacaut:on ceyw rea the data to relmbu rae :oca: :n agent tes and school dietncts Cur cerraln rosta nand abed by the dta~e. i] :d StaCa[ary Prnvlelons astabllah propedu[aa for making .her ceimDUrao-m+nt. Th b 4 i2 il uoulA provlde that no relmbura.•mene la c~yut-nl Gy !h1a a~ 13 for apectf led reasons. ® . r ' 3~ ~ " a one paopie o[ toes brace of ~aumrn:a ~., enact as .o..:vs: ii 3ECTIUN t. 3acuon 11553 aE Ut? Go vecnman[ .:ode , amended J4 11153. EtEecuve July i, 19th, an annua: saAary oC sax cy''_ive [ho ue a::A 'S dollare tsc B,0001 will De p .i ro each or. ^he Eo!lowrny: a 26 tai Chaarperaon oF. [he Unemp ioym?nrv Insu ante Appzals Boar A. 7 2 tbl Chairperson of [he A~flca~rura: L~DCr kei;t:ons soar i. J 8 tcl Pcealdant of the PuDI ::- a:^._~:= cmmlPa ion 24 , tdl Chucparaen n he Edtr of r..cai cr:e rites _samiss wn. 30 lei Chairpa[son o[ the Ent nqy GF;aour e.±a or.aarvd :: )n and i!?v ziopmerr • 31 ~: Cmm1381Vn. .a~ :E~ ~.'u:r person -.C the Putt: E,np.cym2:'r. ALtanu)a So.,rA. _133 tyl 'h al: pe[son c^_ the 8,]r.:arY . mPanantar~ Lp~p..:~13 Road. _ Q .,S 'u i lhl Admint3C!'3G1Vi' ::r3C:Or '. V:L.O!) <C: dd;tf l:li Act l]¢ntd. ~ ' .ha::p¢C?C^. UE the 3l aC!• Nat6f Ne•3 ~4(C?a ''n CC ~:i BOd[d. iL '^ ~ :J' Rember -::he Cal uor r.l. .nt?gored 4aarvo Canagemenc anA i V• ~ R••c yc Loy Bodra. O A ` ) :n ;uly 1, the ann'~a! ,':m pena a[:on p~: r::!ed 'o this aar[ron .+.hall b+ ' d ' }. ' : ~ a .f:Ct ¢i=.? Iri any Cl3Cat ya 1 In Mhl•'h ] :~i'r'UI, :4:^.~ {nC [ad3P b? r \ pr'.p v:d=~A Ecr state employee's. 'hz amount cE the inc r?as? pro v:dad by ^ it `~ro ro _; 6zcuon 3ha1: 5a der¢rmrnad by multriplyiny the then rJr: enf F ^\ mp2n3 at:~]!1 Ley .n2 pbrCenC ayC JE rvn2 yC('. e:. t: '~•3['~]r':1V::)•,I 4a~af!: ~ ~ C: -.:.`. V r..r ~ y • " ~ ` . • ~ j .i F.d. ~~, i n pter 1 :J ~comme r.c:ny wRh orlon 6 J(„E ~:Ce " ,'.3 "~. :Y.~ 4S ' Gn veto menc ~ de -au-~.,eed. a :b $_t:. 4. Cnape of ` ?ommencir.y wah Secnan 5477 L", o: Tales ^.3 v;: ')'.a 4~ va rn menr rode :a +p¢s!¢d. ' ' v3 E . Article ', o: amen o:n- with i.acticn 5n^oy• o. Ch<.p:ec 3 of 4'3 .ales ~ 3 of the Go vzr naant Cu~fe rs repe sled. ~ .. 3 F.C. _., E. Artvae tcomman ::^r,J wu!'.: .)n •id7?n, ir'~ •f. "h,pter 7 ar. ' TEtH BILL TEXT REPORT '9? A°- !1! ~ ^AlE 3 1 Tv. i•'. 7,3 of the Govarnmer.c duds id rapaaled. 5 F.C. ':. prttcie 3 ': :•mm2ncin with Section 66796.451 eE Chapter of J T:He ~, 3 nE the Uov¢vnn¢nt Code is capaaled. 4 EL, d. Article 4 IUOmmeneiny with bection 66736.501 of ChapCer 3 ~f Tit:a ].; nr. thz Government rode is re eel?d. ti "EC. ?. ARi~_la ~cumm?r.c tn9 with Section ce 036. iSr of. Chapter 1 a[ ~ T.tle 7.i of the Government Cade to repealed, 3 5EC. lU. Art is l¢ r 'tonne nclnq with Sec uon bti7?6.641 of ChapCer :i of 9 Title 7..f n[ the Government Code is [epealed. u i F.i. li. Art]c1a :.-umaenciny wieh aa[lon se"•f b. )UI nE Chap[?r i. cE l ' 1 .i l.+. 1.3 of. the Government Code :a repast?d. 5EC. l3. Aruclz d .comme nciny wL9i ectwn 66^96,q(r of ~:hapt e. .]t 13 :•le 7.3 of the Governmant '. tide is ro~ealed. ' ' 14 1 ?B s6C. :3. Artule 9 :commencin•d with ac;.on eb : ,:; Cha3'rc?r +[ • ilrls .~E tiles .' ^nmanr I. Udn l6 fQp?a1+.t. v to ' SF.C. :4. :hap tar 4 :•onmenciny wt[h b?coon o6"3'i! oY. '. tc S_ .. ;n vzr nmenr Co~Se :a a?pealx.t. :d SE.:, l5. Chapter 1 -o maenc lny wah "ectwn 4: nn oc par:.. .~~ ~.^iv: pion 5 of the Health and Sale[y lode ie repealed. SEC. 16. Chapter LS tcummencim uuh S -rt l.;n 41:'O) of Parr • r _. ' envision ~ of cne Meaich and uat¢cyy code i3 repealed. sEC V Ch ~3 . . appter (eommancing wrtlf Section 4[001 of pact . Jtvis ion 5 0[ Ctra Hulth and Safety Codw is repaalzd. ]4 bEC. 18. CMpDtar 2.5 tcommenc inq with ~e.a ton 4_SOr of Parc • _ ti Glvldion 5 oL CTe Health and Safety Code is repeated. G SEC. 19, Chappter 2.6 (eomme nci ny with Section 4~6nr nE Fart' .. ~E Otviaton 5 oC tiro Health and Safety Code is rep¢a1eA. J3 SF:C. 20. Chaptec 2.7 (comma nc:ny wai) Sec rou HI..C~ of Part 2 of ]? 1 Owiaion 5 of the Health and Safet ~.odx i3 rape" ' ~_a ~~~ ~~ V y SEl'. 21. Chapter 1 tcummemm~y ith 'oc[lon ~ Par[ ) ' Div idlan 5 of the Nedlth and Safety Code a repeated. at ~ EC, '_', Dtvltwn 3U tcnmmenc my with Section 4a~io0r le added ~o :he 33 Public Reamurc¢a L'nd?, to raaA: 34 ~LyISIUN 30. XASTE MANAGEMENTr4RT !. :NTEGRATEP XA^-,TC 35 MANAGEM F.NTCT. C PA rtiele 1. Findings and aarau nos 5 4u0uU. Tha Ley:sl aeur. i)z reby Ein Jt and :zolares, des Eollaw o: 1~ gar .n 1909, .alifnrnr tins dispc xd ][ over 3B miluon tors nE :,]1:1 ld we4ta, do dmOUnt MnICn l9 ¢X 3mC[P.d t0 yC04 iC .+oa9[in :Oils w3Srn )9 p'.i. Cl¢3 aC¢ COnt lnUYd. ':'Y:rB mOl:nl3 t•J mOr¢ rhdn .r i~'! pO:inda .)' 'J a3 r.: ~ 41) 4i p¢r pe rapri .1VinLJ In lYl e. ECdta, m0[? LhAn nY Uth¢[ yC iCa in rll¢ ~: O'l lltly 8nd it VpC rwl th ' i Cn ¢ pPf CdplCd [dC¢ O[ m09C ULhCC lndYaCYidllr.¢d `.:Untl¢_. ~Dr ~ronr ?u pact ant o[ :. atito[r~ta'a Solid wastes evrrent ly is Jiapoe ~~i 4 or. in lanAEills, some of which pose d chceae to groundwater, air yual:ry. ii am] pnhi L: hP31rD., ' 45 :cr Rhlle CallEOr^.ia will nxhau.t moat of lta remain:ny land[i i1 fc apacz oy the miA':~i9r~•s, [here preaen'.iy is no ashes rent state po4~:y '~o i' enau[z elu[ thn stata'a solid wastes is man eyed in an eE:ecc we ,nd itl env u'on men to L'y aounA manner [or the remaind¢i of the :Uth c?ntury .,,,.. 49 beyond. ni dr The amount V solid waste ymerat?d in the states oupi?d w:r.h • LFGI TECH 0:1... TE%T kF.PO RT ;: q7'7? . 1 3 7s. ~' """'--"--'--------- ~ AB Il~..........pd~;E 4 -{ltla 9a9 i daummnlnq landfill apace and potana al mdvecae envir onnenr nl ;mpa.-.[s fro. landtlllanq cool orates an r ene d C e 3 y u nee ar state and local ayanalaa to Naet and kapbmant an mg res save new a u d 4 5 g n q uta vase unagemert pr~a~ 6 . TM L irlatura da !area that rht rea on s: balm my c y Co[ anild wmsu Nna aNnO as a shm red rea o sib l b ~ ] g p n t at e xaen the state and lo.:al gOwrnments TM state sDall axarc ice 1cs ~e l th 8 . ga au ority to a wanne. Eh st msuru an ef[ectave and co0[dan ated approach m the safe mana emenc 9 y of all so lad rmau ganaratad wit bars the state and ah all ov erase the '0 design and upLUntauon et local anteyr atad veers anayement plena. it 12 40002. Aa an assent al part cE tna state's roaprahensive pn~y ram for l d t a3 so e was e w+nagamen4 and tar ehm prasecvation o[ ha alch and sate[ y, and ens call-b f th l h ' eing o e pub ee, t e Legae la tuc¢ declares that I[ is an 4 15 Che GuDlac enterers far she state, as aevawiy n, to cut hou_e end require local .b egencaea, as aubdi,vuwn! o[ the scare, to make adequate provawaon for aoLd waata handle nq born vathan [heat rea peecave Iuraed w[mna anA :] in taaponse Co roglonal nNda congas tent wuh the poi C.ea, ace n.fard a, t9 and reywremencs of tots davaaion and all regal arao ns .dn pted pursuant n, '" . ha pC.:v l:;iuua of ['n a3 div.a:cn vhi: 'r. . ~ .0 req mre loc al agqenaaN co provide adaquac¢ aolad xaace nand !any and 21 a¢rviCas, and the ac tlo na of .ocal ayeneaew taken pursuant [octet o, are antendad t i h o amp aMnt t u state policy. 23 40003. Xothanq an this division abroyatel, !emit a, nr eth erxase d4 atEeets the duties of the Department of Uonaarv arwn under the CaLLornia ~`i Severaga Container Reryc Ln9y and Litter Reduction Act, Dav asion 12.: 26 icewweneanq rith Section 145001. C1 At ttcle 1. u'en e[al pmvis ions `tl 40060. Thaw division sD m11 De known and ma De cased as the 29 California tntagrated Xaate tlanageae nt Act of 1989. 3U 40051. In ampleNnunyy [has day uaon, the board and local ayenclea 3l ah all do boM of the following: 32 (al Prow to tN Eolloranq ru to sanaquant prat ucu in order of 73 pnoutyyt 4 34 ll) SOU[ee [educ tlon. 75 t2) RecycLnq and composting. 36 t3) Env¢onmentally rata tr mn aloe atlon and anvuonmantally uG land 3] die PpOla 1, at the duerstlon of the 01ty or county. 3B (EI Xeramau Ma uq o[ all fuubla sou[ea radue tao n, recyelany, and 39 compostanq options In order to rsduca eN count oC soLd wawte 40 Chat molt N du powd of Dyy trwdorsatlon and land napoul. For xaaCew 41 42 In at cannot feuably ba reduced at [hale souru, rmcyyelad, or composted, Che locd a l l 4J gweY maY uw env ranNnca ly late to nl EOrN [eon O[ anvaconuntdly NN land dbpaNl, of both of thole puctacse. 44 ai 40052. Tha purpasa of thla division fs co reduce, re: Ye le, and reuse ao lid ru to yysnafated In the r t t th • 46 47 ! a a o e maximum extent feasabla, to impprove [aqulatlon of amis[lnq loud rota 4ndf11L, to ens ura that nw l d 4B so e wuq tan dfiiL ace anvaronuntally sound, to scream ll ne parmat [a nq proesdu[N Eor solid rote Nna u t t llt d 49 q mn aca las, an to apnttE ehm nlponliblllelu o local govarnpnu to devdap and uplemmc ~n ta rated SV g rota Nnayawnt p[o9rus. ...............~~r......r...~., ~~•,. ~,• ,V;, vv - AB .. ... 939 PAVE S 1 40053. This dlvlaloM or any [alas or reqqulaUOna adopted pursuant 7 tMra to, la N[ • llaltatlOn on the power OL • city, County, or du tract eo isposa arW anEo[d rsuenaDie land use conditions or reatnctaons on 4 5 10114 Ya••ra sanea aNnt taClll[la! an O[dmC CO p[aVlnt uC w1t1yal¢ c l po ant al nYUanEN. iL the eondicaon! or raltne[tons eo not conE tact b each ue lspoaa !Naar rsquaruanu than the pulls us, stmdarda, 7 and [aquluunu of thu dlvulon and all rayula tao ns adopted pursuant co d th la dlv ufon. 9 4V054. 7hls dlvulon, o[ any rules or requlataona adopted pun oars[ l0 chinto, taPtlet • lulu tlon on Ma po war of the Attorney Ga neral, on rM 11 req uert of the board, tM Rata rater board, • ragio n al wa bt Doard, or 12 u On hi! Oc Nr orn ao[lon, to Dnnq an ' ctlon to the naN of the people ~ a 13 0 tM Stara of Cala[orma to en3oan any Malth hazed, polio[ mn or i4 , nu Lance. 15 40055. ul Thl! davl non, o[ any rule or nqula elOns adopted 16 ll ~unuant then to, L not a luRataon on the pores of any scan aQ anry in na entorclNnr oc ad f ld man altration o any prov won of law which iC is spec aEtcally auchanzad oC [aquuad to antorw or mdunutar, includuq, :9 ~ but nut Laiud to, the axaro ua by [M sou cater Doard o[ the regacn al V rear boards of any of [NU poNU and duuas pursuant t0 Dlvulon 7 11 tcoosnclnq nth Saetlon 1]0001 of Ms Xatlr Coda, tM eNreLa Dy tM 3tau DaparuNt oL Xulth 9ervacN of anyy o[ w oxara and duties 27 `4 Dors oars[ to Cha Nr 6.5 Icouanm nq vith Saetlon 15100) of DivaslOn 20 of th R P 25 e Nlth and D mtat Codm, mod chi •Nrelse by the St Ca Air Ruourees Board or an u[ o~lutio c t l d t i t 6 y on ro u n r et of ur qua aty Nnagament dutnec of any oL Pu ocan a d d uu t 27 p u pursuan n [o Part 7 (COUanctag with JlCtlOn 400001 f D L ' 2B o iv ion 2b OE the Naalth and b ataty Coda, ( T • Dr M axarc;N oL authanty under thla dw uaon, innlud uq. Due nCt • r 3 ~~ Q tv uutw to, Mi Moptlan oc rpWaoons, pia ns, pe[ma u, x scant arcs ?c 3U any utorCaaint actions shall nut duplicate or as an ronii:cc mrh any ' ]i Sagoinatwn glatanq [o voter quality cantml ede by the aura vats[ ]2 board or rploel rater boards. 3J (el Any plane, Wnlq, mtanda[da, or eorc ec cave action taken under a 34 this div/aton 111a11 lneorpou u, as a eon ditaon of thw actwn, sny 35 apDliubb rota dUCDa[y req uaremancs issued by the su to rag[ board gg55 aC i [~Olanal Ya[f[ poa[C, and shall be CaRl la Cane' Mltn al ~ aculiCaD1C • 37 qq[ gYali[Yy control plans adopted nnucauant to Srctaon i 190, and 3B Arelcla 3 tconnanelnyy with Section 1324U> of Chapter 4 oC Dlv Uion 7, oL 39 cha Mater Coda and Eha stets polaaa ee Eor ware. qqua lacy control adopted 40 pucauant co A[tleq 3 teouencanq rash Sactaon'17140i of Chapter 3 of 41 Dl vlnon 7 of tM Yagr Code exietinq at the tame of ehm action or 42 pro oaad action. •U •~oo$e. Shea divas-ion, or any rules or regulations adopted pursuant 44 eh ereco, is not a latacation on the nghc of any person to couence and 45 maintain at any tba any a pro praate ac eon for relxaE agaanst a nuaa ante 4b as defined m the Clv4 Code. •7 40U57. Each county, city, daa twat t, or otMr loe al governeent al agency 4d which provide so11d aaq handling urvwu ah all provide Eo[ those ~D1L1~ Poor Qu~3t~errwe, tneludtnaa, but not halted to, source reduction, recycLng omo. sting activ avies, and the calleccaon, transfer, sod .Lispoasl of ..LEC.. E.X•8..: •TE%T REPORT. ... .....• .:.................. 2. `............. . ..• .......... .......•.............. . AB 979 ___________________________________ PAGE b 1 aoLd waste wathan or rat hour the eerntory auDpet to its solid ware h analinyy urvdiction. J 40058. ~he so ltd ru to noodle nq secv ties aha 11 ba proviCed [or by one 4 or any comDlna[lon oC the folloranq: 5 la) TM turn/ahanq o[ tM aervwas by the local aquey ltselt. b tbi The Cutnls hang of the urvice 6y another local agenry. 7 tG The furmahengg pE the service by a soled raaq ubrpnam. 9 40059. la) Xotracl~uandlnq any other provision of law uth county , 9 mcy, daatrieq er otMr local govarnman4l panty uy datagtna all of lU tM Eollortnga 11 ~ 11 Aapeen of toltd rasn halWllnq which are o[ toeal concern, t2 mcludinq, Dut not llaibd co, C[pu ney of collection, tuna of 7 eollaetlon and t[aMpor utaon, 1aWT of sarracu, charaas and toes, and i4 osier[, loculon, and extant of p[mvldanq gelid ru ce hand ling oarw ces. l5 (21 MM Mat tN ervlCe era to G provided by Noe of noMXelus eve ' b fumhlaa, concuc[, lleeee, permit, or otherriu, sober with or 17 rat hour eoapa4ttva Dldd/np or i[, In cha open eon at ua govarmnq bony, id Me pu Dlaa MalCh, sagty end [all-Deinq ao req ulra, by psr[lallyy i9 exclusava or wholly eclw/w Eunahiu, contract, 1letew peglt or 0 othecriee, a1tM[ rltA or rlMOUt eempe[L [1va bedding. Tha auto ority to • 11 pro weds to110 req Dandling N[r1Caa ray Da Garanted under hie and 22 eon dlu ono preaeribad by tDa govarninq body oS the local govunen[al 27 agancy Dy gaolutlon of ordlnence. 24 (bl Xothlnq In thU division todltga or abrogate an any manner any 25 Era nchlu previously q2 nD d o[ axNndad by any county or other local 26 yovernmenul agancy. 27 401OO. IInLe cha rnnewrt nteewau . ..,... •w. w_w__n_..._.._.... _• __ ?8 article govern cha coN[ruc[lon of this division. ~~ •~ ~ -•• ~ ~~• 9 40105. Arthotlaad raCyclinq pant" cans a person [hat a loe al 3U gowrm nq body o[ p[lvaq coturelal utlt99 autho[acas or cont[acb with 31 ro collaet eta [teltolaDle rota ugrtal. 11n authorizmd recycling agency 32 say be • tunlelgl eollae[ien urvlea, priva is rafuaa hauler, ppvatn 3] tae clinga~ 1N, or p[lvaq nonprofit eorpocation er aasod scion. ]4 4y0110. •'Na['d Nana eDa California Integrxed Raace Manageunt 35 Board. 36 40115. •Q!ty" o[ "countyy" include cacy and county. 37 40116. •'Coapoat" case tM p[aduet ruulh nq Erom tM eont[ollad 3B blolegscal daeoapoalelon Ot organic [sate chat era aouroa uparated tcnm 39 [ha mu nteleal e0e/0 req strut. 40 40120. Dulaanased roey1'cllnq eollactlon location" eons cha place 41 rhen.an autburied tacYCllnq agent has eontracead rich al[Mr [M local 42 gevarninq y or a prlvaq en l[y to Qtck up weey9elaDla maq rise 4] mprpagd ftoa otMr rote uterlai. DelgnateA gcycllnq enllwecion 44 location" include, Dut la not llaigd to, cha eurbaade of a ruldencial 45 nwaahborhood or cM aarv lea allay of a eoue[oial wngrpp[iu. 4fi (0121. Dlapoul tat illty" a[ 'tacllaty" magna any taclllty or 47 toeabon rDaq dLpoul mC molid rota ocean. 48 40122. Otapoel atq" or mice" one ludo cM lace, location 49 tract of Iand, are, or pruLae m uaa, ingndad [g Oa used, or [(Itch su has been used for the lendtlll disposal qt solid raaita. "Dla pas al :E:: TECX 8::: :E%T NfiPORT.•••••••.,• .................•••.•.12: ~:: 89......... AB 979 PACE 7 i aaq" includes soled rasa lendtlll, a de[lned in Seetlon 46027. 2 4U 123, Dlapos al alq owns[" eae the person xho holds title to thn 4 propperlyy uwd as • dlapoul a1q site[ .lanuary i, 1377. ~: 40130. "Entorremet agancy" moans the local >genry deminnetrA ~ a . ~ ys: ~~~ ~ S urauanc co Aru ctv 1 icouencinq ruh der nun }~_'.:.~ c '.n:p'at ._ ~ i t ne taard a va arc 4 Eor the purpose of urryinq auc thin davieaon, or / du tgnanon aE a Local agency vas boon ap pravW by the b..ard. d 40131. '•EnEorcuwnt pmgru" acne the rwqulanona and p~ooadures v adapted by chf board pursuant to Chapter 2 (eomsenm ng vith en n.-. r. a 10 43200> atl Dart 4. •1 40140. ' Hazard" includes any con divan, pram ca, ar procedure whi:.h • 12 13 a oP ray of ddanVera us na~riEUl, or penln os eo ev plo yeee, pro pe r;y, nutc bog, or chf general $u ie. li 40141. is) a a[duos sate" means a waste, or ensDm scion of p i i h 15 lb u , wstes, haen Dfcu3a of its quantity, conce rtr atio n, o[ p y cheuoal~ or infeeflous eha[actertanca may do ai[het of [he Eolloriny: I 1! Cavae, cr fiyn itlcant:y contribute tn, an inc re see in fortalaty ^~reaae In lotto Yi L[c2V2[31b10, or :nC aP aC satiny r4.V e[31c10, `~.. ~p~ ~~(~ ' , l ~~' JHY Y~ ~~~IPr f LY Lr1 Pl y LZ i.! pose a aubaran tial or event r potential hacard to husan health cr ' en vir onsent when is properly tre aced, atoca d, transported, or dis poead oE, ~_ or utherxief savaged. obi Unleaa exprea sly p[o waded oihervaa e, "hazardous xasee" meludes '4 xtresely haurdouf vasto and acutely hazardous waste. /~iS~[144y.11 SJ. ' Local govern mq body" weans the leg LSlat we body of the ~~~ ~ ne ~ c:c y, roam yy, o[ spew a. d:at rict which has authority to provide aol a: en va ate handling servic aa. }0160. Operator" weans the patron to xhof the approval to operate a '~~t disposal site, trans Efr or proceasa nq fn4on, or eo L'ecn on 3u system as 4unted. 31 40170. Person" ancludwa an andwidual, Eirs, aeaoeaa[ion, o arenerahap, pollta cal auDdiv if wn, qo of rn went agency, mur.am palrty, s3 ins ua trY, publae or prig ate co[porataon, or any other enu ty rhata oeve c. d b th I ~ d " 34 35 itlon causw y e pcesenee n oc suns the on 40171. Pollution on a body of voter, soil, or air of any solid ware or sub era nee derived 3b there Erow In each quan4ty, of loch nature and duration, or under such 37 ~ ondition that Mf quality, appearance, ur uaffulnfas of the rarer, soil, 38 land, or oat if figniEtcu tly de raded or advfufly alt Arad. 39 40372. "Procesu nq" suns the rwduc uen, aepara[aon, recovery, 4V COnVECl iOn~ OC CfC}'CllOq OE fOlld Yaf [w. 41 4Uid U. 9fe ycL or tee ye ling" woof rM proeus of colleetlnq l o E ' i. a r ar woo snrunq, cleanunq, tvatin ,and isconstl[utang uterla i3 atherwisa bfcou folad xutw, and returning CMw to tM eeonoale 44 saanacreu In the Eon of tar utf[la1 Eor nsr, [wwd, or raeons[ltutwd 45 pr oaucts vMeh oft chf 9uallty standards nfousary to De of wd m [he }e wa rkf [place. Bfcycll ny doff not include [rant Eorutaon, as }7 del med in Seca on 40201. }d 40301. 'Region al plannmq agency" cans any of the EolLoringi i9 (al An agency organufd pursuant to Chaptvt 5 teoufne mq with Su Seccaon e5UU1 0[ Davulon 7 of Tltlw 1 of the gowrnsuf Coda. .....•••.•..•...•............ . . •. .. . .a a .............•.....•.••..........•.~•... • • LEG I-T ECR RICK TER: REPORT 1b C7/99 ....... ... AB 93g PAGE 9 (bl A ragaon al lan nanq dlstrwt forsf0 pars want to Cha pt at 2 7 P o the eccaon e506U1 0[ Division 1 oC Tttla tco ufncinq r¢h > t nn vfrnunt Cod w. a (cl A )olnt uea planN nq comwie stun Eorud pursuant rn Sacuon eSl /i 4 nE the Gowrnwnt Cods. e (dl Any agfnay established by • laglf laeaw act and racognizad by the 7 OfEtef of Plwnnlnq and Ruureh as frEoreinq general environsentai one d resources Plannanq Eor any region of th.e eta tf. 3 40102. ' lplonal rstec board" woos a Ca storms region a: voter 1U qualatY eontrel board. .I 40190. "Sfgngatfd t[os other roots ucf real" mans any cE the Ecllarin t :1 (a) TRf pClaeeunt oL recyycLable titan als m se ar eta ivntainfra. rr th othe[ l t l i l :} 15 separa e y om e Ib! The binding of ncyc ab f materia waste utenal. • e tcl Thf physical awpacauon of recyclable ucenal Erow other vaete 17 10 wa[w[1 a1.__ 40191. (it Exefpt a provaded m subdavis tun (b 1, "ao lid rota" 19 uanw all putrumblf and nonpuc[ucibly solid, afsiao qd, and ligwd 'U 2 xaacaa, lncludlnq garba~7a rush uEUe, paper, rubbish, as hea, l d h d 1 2_ ve es eonatruetaon wastes, abandone ic industrial tutu, dwwo Scion an and parts chf uof, discarded howl and anduf t[lal ap plla rec u, dfrata red, u [resod, or chevically faxed uuga sludge rhwh le not hazardous waste, "4 LS enure wgeta blw or anisal solid and fes uolid waet u, and other ducarbfd soled and usisolid wutu. .b tbl "Sand rut!" date nOC include ha2a[dO Yf Yaltf~ ' }0192. "Sand rasa disposal" or "disposal" means [he final '8 de outlon of fond wutu onto land, loco Me auosphwra, or Lnto the 29 raters of tM ftau. ' 3U 40193. Solid xuu en4rpnu" seanw any individual, partnarehap, 31 Joint vm to rf, Ynlneo[poratld p[IV ate oraanaaah on, or P[iv ate p 32 re the businwu of proved inq cur outlon, rhich Ls nqularly engaged P 33 .e1 a Mob handling urv Sets. 34 40194. "Solid wars Eaelluyy" includes a disposal Facility, n 15 du oaal a uf, and a soils taste transfer or procuunq statu,n. r ll dl h " " " " • :e er e. co !on, Solid rafts han mesas t 40195. ing or handling i ~ ~~ 5 a eranapor motion, etoraga, eunsle[, or proeu sang sic oaaa aerate a. 30 4u 196. ''Source reducewn" cans anY ace wn vnieh cause a oat 39 reduction in eha gane[ation of solid rue. "SOU[ce reductton" 4U inelude-, but is nac lashed co, red uctnyy the site a[ nonrecyy tier ble 41 cater als, replacing diaposaDla wten aft and products rrth reuse ble 42 uteri+ls antl productab reducing packaganq, cedue mq the awount oL yard ra tea genera ed, eats its henna earbags ra a structures oath aneutlvu to r caw YM • t aC waatu that eene[atora uroduce, and in<reaain cM • a icienoy of the uae of Paopeer, catdSOatd, g1Aa a, teal, Plaetac, an8 46 other ubriaL in the tern utactun n9 Procter s. Source reduc Caon" does 47 noc include steps tabn of br rhs eaten al becosea so lad waste o[ ac canna 48 which rould upacf ear or carer resoureea an lieu of land, including. Dut 49 not hsaNd ter, transEonaClOn. 50 40197. "State racer board" ere erne the St atr wa[ec kesour<es Control ...u « ...................•.•..u••.....•..•••.•.••«.••..••••••u.•u•••.••.... • LEGS-T ECN BILL TEXT kEDORT 12/07/89 ......•.•.•...•..•....••..••••• .............•...•.•..•.........••..••..........• AB 939 _ ....,[~'ryi.._~ pQ~'.L]~~Ilt PAGE 9 .... ................... .. the N! T V -..........._._. I Berard. Y' 40200. .a) "Tra ntar or proceaainq atataun" or •'stataon" ancludes those Eacal It sea site lazed to teceava aoild wastes, tee poranly error e, 4 sepa[a b, convert, or oMerria proceu the sitaruL m the soled 5 raetaa, or to transfer the soled wae[ea daceetlY Eroa culler to la[Uer 6 vehacle~ for transport. and thoq Eacllitiu u[L lined Lor tunsCOru [eon. ] tbl Transfer or proeautnq atataon" or '•atatlon" dote not 9 include anY of tM following: 9 t11 A [aeilaty, whose DDnnelpal [unction is to uceaw, store, '0 separate, convect, or otM1arwaae proceaa In sec ordance waM state almeum I1 standards, van sire. 12 ~2) A famll ry, whose pnncapal font eon a co receive, store, 3 convert, or otherrlee p[oeess ras tea which have already been separated 14 Eor reuse and are not intended Cor disposal. IS (31 The operations praaLU of • duly lacused solid vaeH handling . l9 a9 an ac [1va[y lnr iH daspoul Duainua 19 s'ectlon 43709. 20 40203. "Transf. 2' qaslEaea [lo 22 "Tranatouacton" .23 24 Resoval 7.5 40400. There fa AB 9]9 PAGE 10 Teres, and to 29 eoard.~n+u nevscvr appay w me ~aurornas anugracw waste nana9oenr 30 4040t. The board shalt conelet of the follovina neebera: • 71 ter) h 33 a%Pbll 15 urcani J'D1 Pratc~C 39 Publd~c. 40 rep.u 42 rePns 47 4040 44 SeCtlo 45 counel yy p p 1 ba • auber of the 46 Doud it that Peron ttw raerived~eore eMn 10 parwnt of his or hs[ 49 meow In rha two yearn before tM appolntlant to tM Doard, dtree ely or 48 lndlractly Croe • peuen or entaty sugJaet to re ulatlon Dy Che board. 49 40403. po LDard uaDer uy derive any eacned lneoae dtuetly oc 50 lndlractly, ro• a person or trot an entaty aub7ect tv requlauon 6y cne • LECI-TECN B[LL TE%T REPORT 12/x7/09 or ~: 1 Doard o[ trot any arganl:a[aon whack aetlwlY Dartielpsces In utterer Daton the Doard. 3 40404. cal Ths weber of cne Doard ahal: represent the etau at 4 lety • and notary pa[tlCpYla[ a ea Ot Ma stet' and shall wrva Cull ties. 5 (bl Except a provl0ed in Seetlon 40406 Cot specified weDaaa of the 6 lnaual board and tM caber o! tM Doard who auceuda Me InixLl unbar 7 duenbed In paragraph r71 oC auDd/vulon (bl oC Bectaon 40406, the H appolnewnv eo the board wda by the Governor shall be aubJect to 9 contlrutlon by tM Senan in accordance r1M Article 2 (eouenelnq tiro CO Seceaon 17701 of Chapur 4 eC Dlv ulon 4 of Title 1 oC Che L'overwent it Code. 12 40405. TM ehalrpe[son of the Doard shall be elected DV a eafority aC - r l • ~' , _ One weber a ppoointed Dy the Governor rha a ovate sector once Ln the aoild wearer lnduaery. p One caber appointed Dy the Governor rho hu aervrd as an elected aloud oCllcial of • nonprotlt wvaronwncal protection cation whow DtlnmDal Datong 1s to oroeote recvcllna anA the tlon oC al[ and rater vYali[y. Two weber appolnte by t e Covecnor who snail ceprese nt the Ow bar a pointed by the Senate Couitua on Rules woo shall sit t pYbP/o. One appointed by the Speaker of tM Asaeebly who eha/l ant [be publlo. 2. Fa[wPt tM awber aDDolnesd purauan[ to euDdlvla ton /a> of n 40401 er any pe[aon who forwrly served as a uaDa[ of a city 1 0[ u a count au ervlao[ no coon ahal 37F T i! the board ewbera. TM uoer sppomtec pura uanc to auodavasicn ~a~ ar 14 iDl of Sactaon 40401 ahal not nerve as thou parson. 1G 40406, la) Cxcpp[ :a pro tided tut cha im coal baud an aubdtvaa ion r L n 16 (D 1, uch weDwr of the board anall Dr appoinbd fo[ a feu of Eour 17 you. A vaoeney eMll be EallwO Dy she ap po an tln9 powr Eoc the 19 unexpired porelon of she ceu an than i[ xcura. 19 (bl he twrr oL the anaeral masbec E the Doard are as Eollors: ~~ (3> ~hw tw[r tt 5ha a~tr.: ai ~re mbaY ~pp~4Q t2ed purauant to aubdiviaaon <al Of ectaon 4840 an son anuar 22 (2) Thw bn of t e anlual aembe appoint¢d pursuant co aubdavlsiun 23 (b/ of Secclon 40401 wnda on .lams arY 1, 1991. 26 (11 The calm of one oC the inaua. waebe[s appointed ppuraua^.c to 25 aubdlvae ion fc> of Saccaon 4V4U: ends on lanvary 1, 39'?b. 2ti (41 The te[a uE one of cha annual waeDera appoin cad ppars uanc co '•7 aubdivaaaon KI of s'actaon 40401 ends on January 1, 1999Y 28 t5~ The tarty of the rota al warber ap poantad pura uanc .o aubdivaalon 29 ~dl of Section 40401 coda on January i, 1995. 3U t61 The tan uE the anau ai memoa[a appoanrad pura uanc m subd win acre 31 te) of Swctlon 40401 as January 1, 1994. 32 tc! No troche to ndanQ aubdavaa ton ib~ uE Sac coon 40404, the im coal 33 weeera appointaA by .he ~Rlvnr n•:a polo m tit [o subd waaiun ~.v nE Secnuo 34 40401 are not auLlec[ to caucu na aon 6y the 5enat e. 35 tdl The Governer an ali appoart cha anat.a: ramoara appointed purouanc 30 to subd was aorta ia~ and :bl -E Sect tyre 40401 and trans ut the appoan event 37 un ar be Eoro July t, 199 V. the San ate Mall conform or nEUae co con[um l8 Che appemnenta wade purauant ro aubdivaaton (al or fD), or both, un or ]9 before a dace rh:ch ae 9u days after raceap[ of the nonce of 4U appoannent. 41 ta/ If the Senate ref uses or faala to con Earm the appoan nenta 42 purauant Co aubd[vasion td ), [he Governor, on or before a date vhieh as 43 rithln 20 days after that refusal or Laaluce, en all appoint anotMe[ 44 ocroon and traront [he apppomtwnt and rranua[ the appolnteent and [he 45 Senate aha 11 co nEirm or wEUaa Co contum that appolntret on o[ De Eore a 46 date rhaeh L 90 days attar tees lpt of chw noCUa of appolnteent. 97 tEl IL the Senate takes no actaon to contln ar nEuu co aon tin an 43 aPPOantunt Dunuant tp subdi vie ion ldl ac twl on or Defog Anuary 1, 49 1991, that aDDolnten[ as dewed conEUed. 50 40407. Thw Doard obeli alwt•a•vaq Nacpenon•Erow b wabarm. ••••• .••........••.•••••.•••.••.•....•• .•• • •• ••... u•. ••..••..•.... ••• • LEGI-TECN BILL TE%T REPO 12/07/89 ------------------------------ «E3pF~F18~{jp---°-°----°- AB 919 PAGE 11 1 40408. The annual Mary of the umberw of the board am provided for 2 D Cha te[ 6 (coutneanyy K Seetlon 115501 0[ Part 1 of Dlviston 3 of 1 TYtle 2pot [hw Governwen2 Codes. Each umber of [h! board ah+ll aLo 4 ueeive necuea ry [[. vwlanCa and other axpenuw lnc ur[wd in the 5 per[o[wnnu of has or her olflelal duriu cur of app[op[la[tona wade Lor b the eupDO [t of the Doard. 7 40410. (tl Eaeh umber of tM bond shall haves enc -'-te. Except u 8 provtdwd In Swcuon 40450, the atEfnetlvw veb of n~liut Lour 9 umbers whall be required Eoc the facet [aon o[ any Dulnua of she 1 7 boarA. l fbl A vacancy m thm Doard obeli not Irpaar chw tight of the 2 remu n/nq meben co ewrm-e all the pour of the board, and Eu ur ] wubwrw of CDa Doard shall et all tame caetltub a quorum. t 40411. (al No member OC tM Doard eNll parttetpab in any board 5 ae tlon or accept [o fnllumnee any dacialon or HCOmbnde tlon by any uployyww OL er eenmulbnt CO the Doard rhmh Involve hluelf or bane] [ 7 or rh[ch lnrolre any Mttty rich rhlch cha umber Is connected e a ] dlreeCOq o 1amr, emeulbnc, or lull or parc~ciu eplope, or In 9 Mleh chw mrMt has a dlrmct personal fmanmal infarct rithln cha uenln0_oL Rotlon 87100 0[ the GOVanmen[ Coda. L tD) O Doard me Der shell p+rttelpate Ln any procedtnq D4Eore any 2 agency aw • eoeulunt or Ln any othec capacity on Dealt of any col d ] rub handler or any orqulzaelon which active y pertaeapmtu m mattare { bet0gqe the~ppA[d. S (el For' ~irtod of 12 montn4 after loavlnq oEL[ca, a Corer Doard 5 mube[ shall not act a agent or attorney Eor, or otharrlww [eDreant, 7 anY other Dareon before [Des board Dv ukino anY tonal or In formal / • /" "1 ral laaue, about a mac b[ under cha tat to • rollcall votes purauant to ion, excaptmp + oral[ ewbmr ae~ny in nbnde Co in Equuce cha dwclslon o[ a • board, shall conduct an ex parts n occurs, cDe board mu bar Mall full dlmclosun o[ chw mx parts chw board's record. aN pa[N COrmUDleatlOnw .r hen tM board in chw eoeunlearlon wuh chw bond '.Cation and rwqueCa In r[Ltanq CDat It 1 record of, Mw pcaceadinq. , , 4s awls. Any Parson rna vimaces oecuan 4u4a: a 4u.._ .- pvn:e naa.~ r,y 46 a Cane of nor sore cMn Eitty thousand dollars ra 50, uUUr or by 47 upnwonunt Eor not sore then one year ui the county fail ur in the 1d auu praeon, or by both coat Eana and upnaonwent. 49 40414. Upon requut of any parson ar on has or het ovn inltiaflve, foe 50 Attorney Cua[al way [lle a coaplainc m the supe[ior court Ear fhe ...................... ....................................................... a (. EG t-7ECH RILL TEXT REPORT 12/07/B 9•• •• _ ............................ .ppp_~ .ya.~.._.t.~......yt.~.... .. __..........._ AB 939 ..._... ~irtii t±gpt-Y~/Fit~i J ......... .... PAGE 32 county in which Me board has lra princeooal oftiea lleginq that a board ` neeber has know n qly viol red section 4U403 44411, ar 40412 and the 3 Eacta upon which ttt! alleVataon as based and asking Chat the wen bar be 4 ra moved Erow oLElce. Further procaedanga ah+11 be in arcordanre, as near $ a8 may Df, wiCD Pulaa 90 VrlCalnq clVll aCClan a. i(„ aEtRC Kia i, CDa b court Einda that the board sew her has knowingly violated any of thua¢ a sections, a ah all pronounce }udgw nt that Che wewDer be re no veA from ~iPfi ~>. :0 40470. The board ah ell appoint a •hlaf executive aEGieer axeap[ Erow 11 rival se[v ice Lva vho shall adwinlatlr the Eunetiona of the Doard. '2 The board shall prber3be eb duties and hx the salary of eha chief 13 executive officer. 14 40431. the board say appoint legal co unael, clenul and sacretau al 15 employee, Cechnic al personnel, and other eta LE, and acquiu fwlliCiea, iti that it lanOS naeesury Eo[ the Perfo[w nce of lta functaona. She ataf.E 1. of the board shall ba sub ace to the r~levanC syates and pmcadurea of 1B the state civil urvtce. ~M State Civil Service Act (Part 2 tcoweneing 19 rich Saetion 105001 of Div uion 5 aE Tltla 2 of the Govern want Code> '0 applies to those peraonnsl. it aoa79. The attmrnw G.naul ah dl reoruent the bawd and the etaM in Tha Nyblatura Elnu and declares chat the u oC the board ate subatent/ally grater and wore coeplex eM forur Celltornia Nub Managewnt Board which it Chat It la therafote ossuary to uCabLah a nw {and wasyMent sttuatu[e [o la Lent Chle dlvlelo n. afo ~a Aprtl :~~q ie~ thw boa ~d ~tta:.~ni iti ~i: nw :~n,,. The 39 oL Pe[eonnel Adwlnlet[arlan, shall btl0lien nav wanagar ua 40 claultleatlona eonala taut rich fhe Doar d's nw organ action al and 41 naNgeNnt atrue rota •w~ w..•_ ~~- ~ ,~,t . ur ex ono ve reCruitwen[ 4L e¢ocC to Elnd char wort qua liEiard canAiddu for all nav unaywrlal 43 posltlow. 44 (e> On or DDww~~ota Appp11 1 1991, Mw board mall conduct an extenalva 45 rec rultlent aELKt Co fill the position o[ the ehleE executlw officer, 46 TM Doard ehdl oouuot oowpetitlve exulnaCaona for all gfuallf led q7 eandldatwa aM Mall welect tM chid exseutive officer row asony [he 48 bast gwlltiw0 aenAldabe, Acncle 3. Pores and Ductea 49 40500. TM Dwc wry • point a co uittae of nut Las than four eenbera 50 or tM Doard to arty on Pnvutagatioe, inquutes, or haaainga uhtch fhe aaaaaaaa.ra.aJ.asar.....r..r.r..r• ............................... ••LEGI TECH D[LL TERT REPORT 12/07/89 . .. .•raa..~~.•....r ............................................... AB 979 ------------------------ PACE 33 .............:.......ar:......_......_......_.. .. Doard uy undertakw or hold. Every order wade by a couictu pursuant to • an lnqurry invaa[igqatlon, of bean nq, vMn approved or rontirwd by tM 3 Doard and ordered tiled In i[a oft/d, shall ba tM order of tM board, 4 10501. Tha Deard uy hold any haatinas and conduct +ny in vaatl arcane 5 in any part of rna wute ossuary to carry out its paters and dut~ea. 6 The board shall have the sou powers a are conLetred upon buds of. 7 departonu of ehw stag Dy Artlels 2 (eoaunclnq with Seetian 111@(A aC 8 chapter 2 of Pert 1 of Alvlaion 3 of Title 2 of the Governunt Coda. u 40502. Tha board shall adopt cola and requlaUOna, a naeuO[y, ra i0 carryy our ML division in confonlty rich chapter 3.5 teeuuelnq with 11 9eccion 117401 of Part 1 of Div la ion 3 a[ Title 2 of eha 6ovarnunt Cade. 12 The board aNll aka avulabla to any parson, upon requut, eoplu of 17 proFOUd uqulartons. 14 40507. TM Doard shall ulnraln In hwdquarttrs in the County of SS Saerawnto, and Ny uCabliah tagio0al of lase In any part of ehs stare 16 seas tM Doard duo wcuury. ., 17 40504. TM board shall hold ua4ngs at least wonehly at tM tiwaa and • :. 1B pLcee darenanad by ana Doard. 19 40505. In order to catty nut to pavers end dunes unAer chit ahapfer, 2~i the board way enter In t0 anY cnnrraCte that the boaN dererainoe ht ba s 3 7l~ V '~ nrcNNry. . 22 40506. TM board may accept grance, gaEta and Aon strum Eor the 2s purpoga apact[1wd 1n Mla divla mn. ~ 24 40507. Thr board anal! Eale a baznnaal [zG occ vuh the L¢gtalature 29 rouenclnq on o[ beEOrw San nary 1, 1391. The report ehall aumwanaa . 36 ~e progt¢ou achlwvrd Dy chr board m amplaaed nting prJgr ass esiaD !!shed ov Pu of tle fo ha le ~a ro t i C ui i a m ~9 30 ~ ll d ew (i P ipii ei i eT view of oun ougc r reduction and rmeyc4ro~ wloenXa, cou ntywicde aatyin7 elem ~n ra, and J wid tiGd tw n la nt lnt m t 31 y nu a p aa wa rge en p n a. tb) RicoNendariops Conu rnlnq state act wns naedad [o maintain an 3_ aCEtc tent and env:ronwen ally sate soled was to manageme nt rnCrastruccute. ,l tcf Racowmandatlona foc cute aC [tuna to at are naedad to laprove the 34 to plewentauon of rn tegrated waste man ayemen! plans ac the state and 35 IJC al le v¢la. 'n tdt The ldentiflcataon of t ha eograph.ical lot anon of ma~oc a_xia cl rg Y sateria:a dwatted ErJm 3t13d was:! 1 nt [ C C ll r 38 S f aa. 3nd l l d [r arlafgCm atlJ n c iz )'o te) Spectf tc mark at dev elopwent atratagiaa and a schedule of pm pn a. '_ a~.p~m9v y.-~v~ra, to pr-~p er1Y t°~7uance mrF,et erc^jnr•' •. v r p e ent an cveraupply of recovered aaren al. 4.'. iEf Reaeaeendataone for public edueatton and rnfarmatlon actlvit: ze '13 needed co Growore the redveuon and r¢tycl:nq of solid vaa!a. 44 40508. Thr bond as designated ar the state aolitl orate eanagewent 45 6 agency Eor all Fu[COUS stated in rho Fedwral Rreouree Conorv arson and 9 4 U S C 4 Reeov wry Act o[ 19 6 c : . . . Soc. 6901 rt eeq.1 and any ath zr Ea 6e u1 47 act heretofore or Mraa Eter enacted of[actang solid waste. 4d 40509, The boa[d say rends[ Nehntc al as sastancz •nd eke 49 recomwendataona eoncernrnq puce ores! so lad raet¢ dla pea al arise upon the 50 request oC the Doard of eupwrvaa ors of any County. a board aey reques! • L EVI-TECH BILL TEXT REPORT 1]/07/03 . . . . . . . ...................... ........ .......... .. f...p......-.t..r..................... .~ t , AB Sl9 .................................Vr1~~r W~i~~C_V~~~~~E _ 34 i _ any crate agency to araaet the board In randa[tnq technical asatatanca 2 and vaklnau racowundac boa pur~uanc to this Nctlon. 3 40510, Shw board shall use a rolleall vo4 Ler +ll ottltl al Doard 9 tleu sions, including but not lblced to, approval, denla 1, or amendment 5 of In ugraNd waste eanageunt plena, avawptlona, the •xten alone, 6 7 approval, dm nla 1, and uandpnt oC any parwiu /asued puu uant to a vote d t h l 11 li o. [he boar and c[hac appropr ~[w daeialo~m. T e [o votes ana c+ A be included in she unuua oC thw Doard'a Nwtinga. 3 Arttc la 4. Disposal L3 roar Fees li 40600. (al The Doard, In eonaulta[LOn rlth thin S[aN Bead of i7 Equallaaclon and the apDtoprlate pppp litY and Elrcal cowu [teo of the 1933 eom lete and euDmit !n Le u Lture shall on or WfOre Janu+C 1 i4 , q , y , , y chw govKnor and tM Laglalatute, a raDort and soda! tagtslatlon for 15 introducewn and •ponwrahtp by tM board during eha 1390 9.^ RaquLr 16 Seaton for the coat KGetlvr Nana of rnacCinq and 1• leawntlny a ~ t7 disposal coat CN •yatww on gouda Gold to Callfornla vh ch era nut 10 9 aub3ret to awes son aF.:: ..~:.c" _ errt ~,. t4400f and vhlcA are Cill ll db d f I olid el!'Sa d l 1 20 poaw norN y o n s ral a or pcoe¢uw an r C eranafonatlon 4cllltlN. ^i (bl In wvalwtinqq any dLporal coat rem, the board shall give hlghane 22 priority to thoN dUpeuble goeda which cowpsue the grutwat percentage 3 of wa utlala M1nq dlapoNq and Mw qrN Nat potential for wnvtronwental 24 25 de raAalglt Nd IAaII take Into eons /data[lon dla poea Dla gouda vhion era 1Fa i tt l d d d d a a y a e va y rwye re , er cause a uce . 26 ___. _ _ EAQT 2, [NTECRATEO HASTE MANAGEMENT the policy at tM state and ~u, rrgtonal, and local aq¢ncy innlna and aatln9 Procwaa and 7ntorNttoe Nmttnq¢ and IruN, the puDllc bw granted rod alternative ob~ec rtv ee, at It la cha polity o[ the roster and aneouraa• prorate i ehd polfcy, tt la EM lntenr [l, and local agancy Concerned a !ring procNa involve rho rh/eh b not a cltY and taunty; anal! convene .C /07; Oo 3 7~ (,~ :k ................................ Ah 999 .FACE :5 a 1 a task tore to auu[ an eoordanacang the development o[ uty aour:.e 2 raduetfon +nd rwYelanq mlemenn pprep arms p` reuant t0 Acacia 1 J rcowwneanq rath $me iaon 41V003 OE Chapter and to prepare the • 4 countYw i$~y~~~inq aUment requtretl pursuant eo Chaplet 4 tcommanr,tnq wrth 5 S+Ctldn 5 rbl TM mawbmrahip of tM teak farce shall be determinxd b~ the board 7 of muperv uon and a u7onry of the [sues wachan the county haeh wntam a maJorlcy of the popul acaon an the county and may anclude rep[eaentatavee of eha solid caste mdueny, xnvar onwanta2 urq anaca coo rtt, ~iJ yeneral pu bl w, apaeaai daatucb, and aEE acted qov acumen^al egenr we. 11 :m To ensure a eoordanacad and coat-e tf eenva regaonal ree yc fang system, the teak come shall da alt of [ha to lior mq: :3 rl) identaty soled caste manageeenr aasuea of county wade or reyao nal 1i concern. :S •~ Uetermane the need Eot ao lid waste c:o llertion ay scams, pcoceasanq :~ a<nl slice, and mark acing aerabgaes en at can serve more than one 1CCa: ~urtadae uon wa rh an the regqton. :d ~ Ui Fac slat ace th+ dev lloppmenc of mul u7unadw ca0 nal arrsrr~aaan ce ld for fns aarkeu nq o[ recyelaGla uNnala. 1u t4r To Ua extant poa •abla, tacalu ace :esolutaon of cams a•-rs and 21 mcone utencaas Oatwmen or awonq caty ao urea tedu<uon and racy: (rug 4I000. lei Vn or pato[a ~ and, exee8cmg a may and ca as lpoau a aouca cadueua eha coaponenu speeaEaad rn raquarame•-s spmcaEaad an Ch 410V1. '.• city vource re program L~ nanaqquent of ar conneunc rich the waete 40051. 41002. Tha city aoucca re. pramaryy anphu is on a luar reeYClinq and cwpe.t[nq pt landdtl ll and tranm onatlon r which cannot Dm nducmd at ~ 43000. Each cloy mouroa r Duc as not Ilsibd to, all of element share ancwce a rlthin ch• clayy, pcovldad an Sectaon alNent sh~ll place a mourcm o uctaon, Inq the amoun[ of aNdmd Lor solid waste or cowpoand, q elaant shall an elude, nt• Eoc soled setae r 1 ~J ..~.. •w.. •....... wa.. .. ... ... LECT-TECH BILL TE%T REPORt 12/O~i9y .aaa .........................aa.......................... ... .. .........a..a.. _ ... ..........................~y._ ... ......:,-_:• .~•-. _...• PAGE i6 AB_979 ........................ .f_.!?!,nai.pQOf ~~3~~t _....._.._........ 1 chi A mpalal ratty cowponant, 2 tai A houNheld hasardoum rant! cowponwnt. 3 Artlelw 2. Mute CMraetarvaanon Component 4 41070. Thm allyy mub chu acNnaauon cowponant ah all ads ntaFy the 5 constttumnt waNflala rhloh cowpome eolaq raKm egqnetatad rftnan the area > atNC[adr by ~w~t~lw~ ~O~e~.ea~~dtla ti eoraen[ativm~ot to maolld wamN or as 14 nrome ra - ,..... .+„ 41050. The city aourq reduC ion componat shall ant Wda a proyr am and $ uploentau on achadulw YhlCn ahOW tn! mlCnOd! by MhICn Cn! CI(y sail, Se m combinauon aleh the [! cycling and [Deporting9 components, reduce a U[LdICCaJn OE the [h h 1~ m l [h suttadlant iwOYM1C pf ao110 aaatf ganfratfd Mit 9 city aoucca raducuon and cocy eltn9 elaant Co wmpty afth the t9 U req ul[aMta Ot $oC[ion 41790. 41051, The riey mourer pplQuenon co~ppomm~c shalt describe ehw c pea ct 4105 Sactlo 21 . n uterlaL which all! b! rmtlucad and![ eFm proquu m t !hall du crlbe the nathado l 2J n 41052. The city moucem [eduction eompon the Cltyy Mlll uH to detetmine the aaunC and Nemgones of ao lad waetes 4 co b! dlvmrted Erom LndElll d[lGGOUI through aoucca rlductaon. 11 duotlbe new h r 25 a 41059. Thm elcp eouraw reduction coapanent e which anti De needed lluu 26 27 , lac alatirb and o[ mxp-nwlon of autanq Eacl to lm lamnt eh• aOUtpm fldUCtlO n, reGYClln9 and COmpa eking COmpnnentq. t eha ll ev aluat! rnto - ].9 41054. The eay source rlductaon eomponln • a ~7 3~~ x r. • • tv strue[u[u to reduem the amount of waatea coat yen eraturs p[oduca, an~] 3U othrr sauna rsductlon aer ateq wa, mcludin 9, but not liw:ted 4a, fl piggr;ma ;nd iCgngalC anC¢ptlVea [p [~quCx Ch! r3¢ 02 pOnraCY c'lw ble 32 maNrla ls, reDlava din pose ble eaten ale and prod ueta rah reusabls 33 materlala antl products, r¢duc¢ pu kaganp, and increase the aLf wia ney of 34 cAe uN of papmr, cardboard, glass, aaca 1, and ocher sat¢u ale. 3.5 Artiel 4, K cling Coi ~§t 411030. Ths Litt rae ~i iap emantation a ha u r 39 in combinatwn rich <M 39 reducr a auffacaent asc 3U cried a ticn of tom plat 41 91780. 32 41471. The uty racy. 43 nateri aka rhtch tall b¢ 34 3107_. The cav ncy~ 45 ci[y rill use io ,latarri ;:5 be diverted t[cm land h. - S:L^s. .he city rec y, id of a%pansaon of exis tin qq the r y ir,q component 50 4w74 ~~The city racyt ......................•.... L EGI-T F.CN ASLL TE%T REP01 AB 939 ... ...................• 1 be used t0 In CCea3a Che 2 not limited to, an oval u. 3 prefers nCrs !or the pun 4 a pace preClrancr to ei 5 amount of the peace p[tl 6 4iU75. TM cat ucYye 7 coutureld, resldyintLl, B dmpoff, and buy-back [i 4 recuvery fac allties, zoo lU rmcycllny of utenala, 11 utetialr. 1_ Coaposcan9g Cuponsn[ l3 4120 U. The city compp, Iq upLme ntatwn aehmd uli 15 in combination w¢h cM 16 a auEtlc lent count of i L7 the pplan to cuply rich le 4I201. Thm city eompi I9 wataciala rhich rill be 2U 41202. The catY comps 23 ~lty call uas [o data Hl 22 btu dlvmrud from Lndfal 23 41203. 7hs cicv eua an ng omponenc shall deac rlbe thx types oe cycled under the rogr ma an Sectiun 31070. nyy cuaponent 3h all deac nbe the eethoda chx epe amount and cateyon ea u2 solid restea ro Ara pnsal througph recyclingq. uq cw ponent ali all deac nbe nxv fac;; :, ..+:, . :au 4ub, wNCh will be needed to :mplemant n nq component 3ha11 daac nbe uthoda xhmh ui!i .. .. ..:::...59......... ~~M!~I•PDOf~/1'••• ••'• ..PAGE 17 irkeis fo[ ~eeyclyd ut [ula, rocluding, but .un oC the Eearlbality of procureNnt ua of neyclmd produc ta. Each city way 9rant wr+qa th~_ purchue of gcyc lmd Drod uecs. The rata atruatbte~ rh1Ch encouragd recycliri9 of Artlcls 5. 1y eomponsnt shalt include a prograw and oh shows [lie NMOdm by which ttla caty rill, -p rmductlon and ckyc lnq components, wduca i wuH gmnaratN rlehin tM 1uu adcenun uE rmgWnsanu of Ssccion 419 d0. iq eomponrnt shall dueribm the tYpea of. oresd under the pcrograms 1n SecH on 41..00. iq eompoMnt ha[1 ducra be the we[hoda the ns amount an~categorua of auhd rascee to rPeul through eompoatin i ~eo~ pomm~t shall ducra~r env tier , rlnn fwn111t1u, which wLLI bw nulled rn mponent: ~q compomm~e obeli ducnbe the sechoda rhich r ma[ksta for epmpoatmd uteri ale, including, atlon of thm Eualbllity of procucemenc w oG ra<yelsd products. Each mcy say grant qm thr purchaN of eo~pas Nd products. Tha e • 49 ~41~tiU. ~Tha cu solid was tm facility capacity rompnnsnt shall tncludm, SU but is nut laaace.l to, a pm]acuon of the awount of disposal eapaclty .: EGI-TECH HILL TE%T'REPURT ..............•...... ,........•...:::~::eA......... AH v74 PACE :9 I uh wh rfa De nNdad to accommodate Me aolld waste generated rtthtn ~fi,• mcy pr¢pan nq tna dwwent tot a 15-yaar period, reduced ty a., cE the d to: owin y: J 'al InFlcmnntahon or aouc.-a rnduct:on, r¢oy r, ling, toll ~r>m pc,a;r 3 ~~ ~ a progc 6 ru to 7 (DI d rhlch 9 tc> 10 throw IS ML[M iJ 41: 14 proq[ 15 dle pc ib urea 7 eyul Id 91. 19 adopt 2U el¢ee 21 and r tcome G3 41: 'a Fnrrh coca part or tnro uqn tmpaaeenca uon o[ o[np[ ws[e a[ rranitormanon caps r.[y mmn4 Pe trod. y wha<h has been aoc used mty or through +n aq[eaaen[ • tardoua scab Cemponenf componanf shall In elude a oollacrwn, tractpnq and adenc¢a wich[n the R EArricle 1. m un [y aha ll prepare and ource 5ed uctlOn and, cecyclinq a0UrC0 [Bd4C tlOn +nd CaC yCllnq rl0 mrn[ ah d1L alt lndganRnY Of aOlld rd VtP 79npritNd rlfh the .f. t p eo untY [or,a tateut »i'.h 'iip +d5!~ au n~q-m-.+• <o her rarchy yrovldad in Sactton 49051. 2 4:302. Menu my source reduce an and recy dlnq element ah all place `d prize ry uphuas on aapleunta Lion of all foss able source roduc tic n, 29 sec ycl[nq, +nd compoe t[nq prograu rhalm tdant[[y[nq [ne count of .l0 Ln Eill and erana onatcon eapau ty [h+e rlil Da needed Eor solid uaete 31 wh uh cannot ba reduced at the source, sacyeled, or eoapoated. 32 41303. Each county source reduction and tee yelinq olemenc shall 3] :nclude, but i• not lisabd to, all of the Eollortnq coeponenca for solid 34 wash genautad in the 7u nedtc Lion of the plan: 35 (al A scab eharaetenaa tlon component. 36 (b/ A •eurca rrduetaon component. 37 (U A raeyeling eoaponen[. 3B tdl A ~ompoatinq 'ompo none. ]9 te> A molld ruN [coal tfy upacary cosponsor. 40 tEl An sdueataon and public En tonatlon component. 41 (yy> A Eundlnqq eomDOnsnt. 92 (hl A mpacisl rota cosponsor. 93 til A household hatardous rub cosponsn t. 44 Ar ela 2. Mute Char+etrnzation Cosponsor 4 41330 ~'~s countyy rash cMraetsrlaation tomponant •h+il idsntiEy the 46 <c na ritwn[ utsr/als rhach cospeu solid rote generated rlthln the arc 47 afESe Nd Dy the countyy scores rsduc[lon and sec yellny elosnt• The 4B anEOnaHOn shall bs atatistlully rsprusntatlvs o[ the solid taste 49 gsnantsd riMln the 3ur1sdletlon of tM county and shall rsELet 50 uuonal wrL bona. TM consntunt ub[laL •h all bs idsntlEfed by LfiOt-TECH~BILL~TEXT REPORT ~~~~a,aaa~ar+~~~~~r~~~~~~~~~a~~~~~12/07/B9 . ~~ AB 939 --~'---~-- Yn10I Poor QuA1ItY ~ -.___. _m •ne to 1 7 4 5 6 7 8 9 10 tl 12 13 3 7b z !v 41373. Thr county ra<yclanq corponon[ shall descube nw cacautaaa, 38 and expansion o[ axis tang Eau litaea, rhmh rail ba needed to ampieeent e 30 the racyclanq corponant. • 40 41174. Tha county recyclanq e<rponent shall describe Nthoda rha<h 43 rill be upd to inera ue urk acs Eor recycled sateeaa L, aneludanq, but 42 not 1lwlted to, an waluatl9n cE the Eaumaiacy 9E procureunt 4~ pnC}rencu Cor the purchase aE cacyc lad products. Each county say grant 4 a Dace orefaranea to aeeouraee Sha puceh aaa of racvcled oroducta. e rata C~ ~1LEG7 ~T ECN~BILL TE%T .~Rt4E(tP(O.~RT~~~~• .............................f 2/U7/89• ~~•~~~ .. . ................ •.~,li!t_MAI-Poor Qual)ty.... -..--.. ..,A'p ................ 414 0. Tha county tundln emwponint shall ldentUy and .pea if lcally daaeri~e proiaated costa, rwanwa,_ and nvanpa wurcea to Irpleunt all ]] rani ~~nAlln9 Arid 'di~pos~l praotleaa teripaeiii •waitii,inciuuuw~L..c 34 not llal ud to, ubaatoa and uwage dodge rhleh la not haiardous caste. 75 36 TM eorponrnt atoll identify curgnt and prepoNd progrua to Insure the and ions tarty dLpoul of apecllal rotes. dLn Now h 37 an q, , pro0er 7lr tlele 9. Fac alley Capac/ty 3B 19 C9rponent 41460. TMa aounty solid xute tae lllty eapacit eowponmt shall t of dL oaal f ~M t 40 aeoun p on o include, bu! L not llwltlad te, a pro)aor 41 capacity aMOh rill Da needed to aceouodate [h• solid carte generated the •luent for a t a in f M d 42 47 e coun y prep g aru o r riehln tits unlneorppoorate raduwd by all of [M [ollor nqt ear erlod IS- 44 D , y fal Iaplauneat1on of aou[ca [eduction, ca~y~llnq, and eorpport lnq f a[h c mete h l n tlo h L h 45 roug wp n o e L pa[t of t U ta proquu nqulnd 6y t 46 divegion DtaYLaaa• 47 tbl Any parwltud dlepoul or trandonulan capacity vhlch rill ba 48 available during tM 1 -yur planning Peuod, 49 lei All dlapoaal or era netorueion upacmy which hu Dun ••cured 50 through an aquoen[ rlth another city, county, or through an agrbun[ • C ... ECI-TECN RILL TE%T REPORT 12/07/R9 ............................................................................. AR 939 PAGE 21 rath a eolld eu to antKpprUa. N C t H d t 3 azar ous u a owponan Arflc la 10. Nouuhold 4L480. Tha county houuhold haca rdous waeN cowppon Mt shall Lnclude a n tcut d ll l 4 o , wenq an ecc pcoquw and Lpleuntatlon eeMdub Cor tM co 5 dlaVpOaal of hazardous raatq generated by resldanws xtthtn th• unt l 1 El 6 7 e . urledletlon of the plan. C 4. C S EArt cle rt P B an re an shall are a countywide siting dawent which 4°1700 Each count re 9 p y p . tion of the area to be uaad tot evelopwant of ovldu • descri . 10 pr p adequace tcanatoraatlon or dlapoaal eapacitY concurront and coneletant 11 wath the devdopun[ end asplewentan on of the cauntY and : atY u!+urce 12 reduction and recyel Mq,elewenta adopted pursuant to this parr J~~ T" ~~~~41420. Tha county education and public !n[onaHon cowponent ah all ducrlbe to tM board hoc the aoun[v rill educate and ln[orr lu elel'eana :a 41701. loco cow 14 lncludm, Duc a nor a 15 <al A autuanc le tranafooatioe or d 37 roeyy~lad. or eomDDei `S Ebl An btiuta 19 cubic yards and v 0 handl aolld masba, z>. ncyclaa. 2.. (c) TM [oa1nL 23 tranaEo rna non or d '4 praparanon of. the 25 and yea ra. _'e td) The aden afa eolad vaeee cu nefc ~0 exaa cony Eaeali coca 'Y cnvntY 9enaral plni kI be exnauated rachn it 43702. An area is ' ail of [he Ec liu r:n5 33 cal The cuy or 34 requareonts aE Art 'S Davaaaon 1 of Title 3ti lbl The area ref J7 of an extatinq soll~ 33 land use area desl5 39 applicable city or 4U tcl The land us4 41 plan ad)aeent ro oc 42 so lad wawa ci 43 at exaa clop Eseilati 44 at the soled was to i 45 41703. IC the cOu 4ti axhavaNd ri[hln 15 47 there lm no area av 43 tranafooatlon or d 49 xasN trandooataa 50 applle able mty or t •............ a.. ••,•.... attanq element ana uvaeaon thereco, anal i co, atl aE the folloran q: Ia and polacles fur the envaronse~rally sore. 1 of ao ltd waa[a whack cannot be red uea d, rot al tranaEncmauon or dt9spoa al capaaaty an itiA vrth the coon y vtilCh cannolrbe ~edu ell or aned appacaty of ex weeny solid waste 1 fauLataea ew stoop at the time of the alamenq or ca vas ton thareco, m cube ynrda aE ti. aru oe are sa Eor [he beau on of new i or dos poaal tae alines or the expan anon of sre conaae tent wath the appllca ble racy or county datersanea that exia nnq eapaerty rlli ara or adda[lonal eapacary Sa desared. atanc rl[h the cuy or county genaul plan :. :amsn:a ara met: adopted s general plar. whack comps as wa; c. the tcoutncang rlth Section 6530U1 aE . haptar 3 of ~e Uovernaent Cada. Eor a na eolad was Cl Gclllcy or the expanaaon ~. Eacallty a lee aced ln, or eoextenaave waih, a or authorlud for mlld waste faraL coca In the or oc that s • LE4 [-TECX BILL TEXT REPORT •12/07/89 ..............•...•.•...•........••...•.•••a•.•••a•ta•••.•.....••.....•..••..... es eis ------.----`---------_ Qf~Q~(1-81-PQQ~_(~U911ty------becE., zz i a apaoaflc erutegy Eor thm tranaEormatlon or QSSpoul oC aolld rote an • axesu of ruainsnq capaelty 3 41709. Ex opct as ppro vldad In sundlvialon (al of Saetion 41710, any 9 eras or arcs [dantltlad Car the location of a oar solid was to 5 trandorution or dlapoaal Gclllty shall ba located in, coaxNnnave 6 ratn, or adlaeant to, • land uas ana authorized Eor • solid rote 7 transtooation or disposal Eaclll[y in cha applicable elt or county B naneral elan. ~rX,- 9 Ten[atlvi Rumrvan mna -"''- mta tavuy reserve an area or araaa for the • trans[ormatlan or dlapoul Eaelllty or rna uEonarlon or dtspowl taclllty even though O[ armaa Im nOt COn mlm[ant Mltfl Pn0 local plan. A cuarvad alma 1n a countyw(de etll it is utla eonalabnt raM the on or a a 2. -• aowmq urnoar. u) The county •h all raaove tM sees ac cha [au of the next rev won of cha utlnq element. ;b) Tha Iaul .grnty h.vinq Junsdicuan over rna aua shall raQueat cha county to nmova cha daslgnatlon at tM uea of the next rmvlaaan of the sloop duant. Arrlcla 3. Canaral Plan Connatmnc9 lncludi i iiialucion rC rai iicligattec[id oily oraeha eountyoiti[i n~atllhat an anti ldentiGad for th location of a oar ar expanded olld waste trYnetonation or dlapoaal ~aclllcy pursuant to Sactlon 4171 la cons utmt xlth tM applicable general plan. Artacla 4. 6ou1 Agency Approval 4I7..i. Tha coo ntywada eau nq ale moot, and any amandmenrr •her rt n, shall be approved by thR co.anty and by a ma)ar;ty of. the cu:na w:~~~•- i ~ ~b ~,g w 4s chi e5unty which conteid a ralunty ut the pop uistion oc the 46 incorporated ana of tM county except m those counties whwh have on:y 47 fro ncuar rn Mhaeh eau the plan is auDlecc co approval of eha ~_ity • 48 rh1eM coot awns the sa3orlty of the pop ula rain oC the incorporated area of 49 eha county. Each clry eha-: act upon the countywide artinq ¢lsoant or •••• 50 any proppa ed abndasnt ritnin 9V days attar rareip~ at rho along eieaant LEG1 TE~N~BTLL TEXT FEPORT • •••••••••••••••• ~•• •• •::: ~:: B9 ........ AB 939 rsayarrYr-I-W[ M~~~,J -....... ~..P AGE 23 i oc propueed asendeent. IE a uty farla to ace upon the arts n9 elesrnt or eae se nc or propoaea arendee nt ss aubel[ted. -- - C 5. C I M M PArucle _. Plan Preparation 41750. Each ~o uncy and eaey and county shall prepare and aubwrt to the Doard in arc crda nee with eha echadule set forth in Chapter 6 (coseencinc nth 'ect:vn 41': 3U:, a -o untyuide :neegrated mate eanageae nt plan, uhict rnetudea all uE the Eo llo wan o: yl All city aouru reduc tlon and recyc lan9 eleonta Cspared pursuant to Chapter 2 tcouenc ing wl[h S9ection 41000) and aubaitte.^ to the county. tbl The coon ty'a mores reduction and recyc ling eleun[ Eor the unincorporated aria of [h• county prepared pursuant to Chapter 3 e county wide alt in eleeent prepared pursuant to Cha pear 4 nq wr[h Sec Iron 4100/. Tha countyride inteq rated were sanageunt plan ahatl in elude a .E aiq niEtcant waits unageaent proDlus Eac rnq [M countyy oc county. TTe plan shall provide an overview of the apecrffc .t rill bs taken by local • snclu, acting Lndspendently and In to achlwe the purpous of tnla drvlslo n. Ths pLn ah all stanssnt o[ [Its goals and oDJ¢trvre set forth by the le talk Cores created pursuant tp Chapter 1 (pouenclnq rich countyy Mh1Ch ppnt)ln a raJprlt CE tM 'us of eM county, excep[ in tkme u, in rhieh case [M plan a •ubtwt to • to 770. Each eountwrldr In tsnrareA ww wrw wwnwnssenr olio • n row anu thereof shall D• nviired, rev ued, lE rirouaal y, and sub utceA e Doard wary Clve yore In accordance with eha ached ule set forth r Chap tar 7 tcoeesnelnq MCL6 A P RArneI~UO~~HUts DEVenlon 780. tai EaoA city or counry source reduction and rucycllnq elaasn< . include an bpbNntation se Mdule which eha xs both o[ the 48 (11 For tD~ initial elNen t, rh• crtY or eountYy wLLl divert 'B 49 e[cent of all solid rub Peon landfill or tram Ep[e scion facilities by 50 January 1, 1995, through sourer reducupn, recycllnq, and easpoa[ing •www•.w•...•.••...•..•••.....•.•....•..•.•.•.••....•.••.. • LEOI TECH BILL TEXT 0.EP09T 12/07/89 AB 939 - PAGE 24 t activluu. ' (21 Except as pprovided in Sectlona 41783, 41784, and 41785 for the 3 Elnt revision of the elusnq [M city or counry shall dive.[ SO percent 4 by January 1, 2000, through source reduction, recycllnq, and eoapoatlnq 5 out witlu. 6 (b) ryothrnq In this par[ prohlDlb a mty or county Eros iepluentinq 7 apurce reduction, recycllnq, end eospo etlnq eptrvlUee deeagned to exec.M 8 thaws qoa.a. 9 41791. 4> For the purpose of detsrsan rn9 th• ban rats o[ solid 10 wute Eros rhieh meye ling Isvds shall be pale ulared, 'solid woes" 1] rn pludas only tM forlorlnq: c.as grneea bd rte hln a local ageney'a )urYdictlon rhieh ors norully dlspoud o[ at a lanAllll or 14 transEOtutlon faclllCy. t5 t21 Ths noun[ o[ solid waste dlunrtad Eros a landfill or 16 tunsfor utlo0 Ewell ley through aouces reduc ClOO, recycllnq. or 17 cosppos[lnq • 18 (b) For ~ehe purposes of this section, 'Yolld wore" don not Xl9 inelvu h ='? would nut norsalty De dlsposad of at a is ndEill or er v)s&±rnatron .i fan lit ,)_.• c 3 7~ CG :: (cl hoc the purpoum at rn as cnapu4 cr.e aro~n; Ot aaua wears t: om 21 rhieh cu regwcmA cedar too na are man aced sties be the sine ant of sn:vd 24 run axiacanq on the data of the approval of cha county ur city source 25 reduction and recyclanq element by the board nth ad]ue uencs Cer '6 increuea or dee[uaea m chr gwntiry OE waste caused only by changes vn 27 population or ehanqu m the number or sate of govrrnunta lnauatr ul, 2B or couarclal opera uona In the ]a nadwnon. 29 fd) For the purpomr of daeermananq racyc tang la vale recaired pursuant 30 eo this article, eountiu and mtva shall anetudr all eximtlnq 31 resident ul, eoorce/al, and Induatn al source reductaa n, rmeyelanaa and 32 compoetanyy ae tfvatua chat day ert solid waeu from solid waste la ndiilla 31 and tr anaformataon fain lataea. 34 4178_. The board may provide an exeape:on or -eduction In the ggoo la ]5 apecitaed in S-ec aen 4178V vE the mty or county dnonetr aces, anA the 3e board poneura, coat preparation of a rayy or a county souc0a 17 red uc [eon and racyc lan9 ales tit va nut t?aaaDle due to fife small 1d geogra phac gaze o the •n ry or county nd the email quantity of waste ? 9enarated wtthan the c:cy or county. The board may eatabllah 4U al[ernauve, but lees romprehena we, regn roments For those eouneles or 41 cities to ensure romplia nce wtth Chir davtaa on. 4 ~ 41783. For any n[y cc county so uree red ucu on and recycling elem?n[ 4. aubm tied to the Da a[d azta: January 1, 1995, the 50 perea tit source 44 reduction and recycling requirement utab LLahed undrr Saeaon 41786 may 45 anelude no[ more [hen IV percent through tunaEOruClon, a defined :n 46 Section 40201, only tE all of the Ec llowinq condltiona are mat: 47 tat The trans format wn propel has eomppl ad rah Sae clone 21151.1 and 48 41150 of this coda and Secclon 42315 of [ter Naalch and Safety Coda. • 49 tbi Tha era ns EOrmataon pro set usu Erono end uthoda or pcoqume to 50 rams ve ali recycle Dle mace naJ'a Eros the waste strum poor to ...............••....................•....................•..................... • LEC (-TECH BILL TE%T REPORT 2/07/09 ...............................................................:................ Ab v39 PACE 25 ---- ----------- -_-- -- ---- 9MaLPaocLluality-...----.. 1 transEocutlon to the uxaua extant Eeuabla. 2 tcl Tha uh or other rosadw ganentmd Lroe [he tranafonation 1 pco]ect a routinely fated at taut ones • month, and, 4 natwathstandlnq Saenon 25143.7 of cM Nulth and SaEa[y Coda, it 5 hazardous was us arm pruant. [M uh er reeldue fa otit to a elars 1 acing in tM rely or county within proppoud, and, attar to publlc t[m Foliorfnq landings, baud upon 1: rill continua to be, eEbctlvely aduehon, recyclanq, and composting wall not edvera ely af.teR publlc • lapoae any penalty on tna cl[y or county to aohlew cha 50 parrot 41785. On and aCNt Janua[y 1, county, o[ qtly ud toun[v, the b, or and uku both of the following s on Cha record: fly upLma tiling all Gaslb le fn9 uuurea. non, recyclanq, and composting nbL amount tM elf y, county, oc 36 41786. tat Rotu[thacandan9 Seetlon 41780 the board uy [educe the J7 racyc lrnGG CCoal apemfled !n Sae non 41780 for any mty or county rh ¢!!tt ]b on or before Jan ua[yy 1, 1989, dlmpoemd of 75 pecan[ or more oC Yta aplld 39 wu to DY t[anaform anon iC both of eha followanq can ditions exist: 40 (il Tha attainment of the 25 pore ant or 50 pe men[ ppoet aprc ifled in 41 Sactlon 43780 would ru ul[ an su br tan teal ae paa[~ tit oL eha obllgatlono 42 at One a[ naro COntcacta an enrtanee an Lnuary 1, 1999, Lac [h+ ally nr 41 ccunty •o Cornish sc!1d oasts far foal. 44 121 Tha attainment of cM 2S arrant or 50 paccent goal apeclEUd in 45 Section 41780 xo old aubatantaalPY ln[arEew with the rapayunt of de be 46 incur rod to Llnance chr tranaterrattan proJact 47 (b> For any mty or ca only duerlDrQ in au bdiv is inn (al, the board 4B shall utabltsh new goals rhlch uquare [he maximum Gulbla noun[ of 49 rourd cad action, racycltnoo and compoatinq and which would not meat Me 50 eon die was in pa rag raphe fll and 121 Of aubd lvulon N). • LECI~TECH BtLL TE%T REPORT 12/n7/an - r n 3 7b ~ A0939 ~fQU811 ~C..~ ~~~~~~~~P AGE :6 1 Article L. Board Rivtev a 41790. In order eo coordinate aolad vaace management aefavafaea 3 throughout the a[ate and to ens urn chat Art a la ~ lcamae nc mq xach 545 Srcflons4005e0o) oft Chapnr 1 of Part 1 is •mptemanted the bloard aha it • b endaiic4ia eountYir i~li intil9triti0u waits mana9eee nt p~ari aodYo PtleB Pus ua of to 7 Chas part to dm ro1M lE 1t eom plaea van Artv<le 2 teeuaneinq with 0 Section 400501 of Chapter 1 of Pact i. 9 41791. (a) Any Ca unty rhach has lean than Eave ye era of rauning .J to ndElll capacity shall aubuc lea countyxade vn cegrated xaau management 11 plan to the board on or beEo re Januaryy 1, 1991. 1_ ~b1 Any county rhlch nos between Eive and eight years of Ian df ill t3 capac i[y shall submit eta countyvade in tegtaeed costa managerent plan :.+ .4 the board on or be Eore January 1, 1993. :5 ~cl Any r.ty or emu my which has ears than eight years of landElll :e capacity shall aubut as countywide mtequted waere wanagewenc plan co :~ chi board on or DaEori January9 1 1994. 4:. ^.2. It na the Intent et tBe ~.e 9+alacc: a, 1n snace:ng •hia pa: c, .ac ..orals and -aunaaa ahaa cumwe nca ar:orca c ~mplam ant .U reductm n, recycling, or compoa[an9g actly itlu immediately upon enactm ant L1 of ch to part, m order to eohiava file deadllnee epeclEted under th as [.. chapter. _3 41793, Each County or city shall hold et la ut one puDile hearing _+a bwEoce apprnvanq us source caducelon and rec yc Lng aliment and the 15 count ndi in reamtsd waste unagmment plan. 16 43 ~94. An city may submit lta malty source reduction and recyc ling '7 elewenf to chi board f.or rouser bifo[e the da[ei an the ac hedule In 20 Sectaon 40791. C 7. A L PArciela 1. Board Approval '9 41000. Ylt hln 120 da ya of rocuvmq a cityY so uree cedar uon and 30 rec yclinq aleNnt or t countyridi lntigrabd xaati manageunt plan, the 31 board shall dote rwlne rhether the aleaent Cr plan tom Plies rich Article ? 32 (couwn ring rich Swa tion 40050) of Chap ter 1 of Part 1 and Chapter 2 33 tcouencinq with Section 410001 and ChaDUr S teouanein9 rlth b'ictlan 34 417501 and, bued upon them deurunatlon, the board shall approve ar 35 dragCGrovi the alauwnt or pLn. 36 41901. Be[orr approving an eliunt er plan pursuant to Section 91000, 37 the board shall ado t rri [en t/ndln s hued on eubatantial evidemv Ln 30 tM record chat lepPeeentinq Mm ele~ent rill achlew the requ/nunta 39 es ubllahed pure uant [o tnlm Cyact, Lncludlnq the nqulnuntm of $iCtlOn 40 41700. Ilr[lele 2. Detlclenclea 4i 41910. 7f thm 6oaed dlwpprovmm a city aourea reduction and recycling 4_ clean[ or + countyywide In egra[ed cute management plan, chi DCard ahaa 43 issue • no Uee of ditimMey to the eltY or county rhPeh iden[SEtu the • a4 speatElc reasons Cor the duapp[oval. Thi notice oL ddlela ncy shall 45 include specific recouendaclone on Aar to correct the detlclencaea In 46 the element or plan. 47 41913. Rl[hln 120 days of ocupt of the nonce of defle is ncy issued SU roc yclinq element of Chi countyrlde In Ngca red rub unageaent plan to • LEOI-TECN BILL T6%T REPORT 13/U7/d9 .....•.••.....•.•••.•..•a.....•.•.•....•...•..........•..... • ................... AB 939 PACE 27 3. AEGr conducting • puDile hurlnq pursuant to Section 41812, rd ~p lePOM a0elnlatratlve cl vii pe naltlu of not norm than ten td aelt\n ta10,000! par day on any city or county which falls [o an adequate plan in accordance rltM tM regwnunu oC this Artlc4 3. 0th er Provisions 0. Thm board a ant • one• ur tlu exunalp n fro chi wenu aC Seetlon 1700 to anY eitY or county a[ the ~ollorlnq ar or • 20 41021.-E~eh-pier tollowlnq the board's approval eC a city source 29 redu<tion and recycling elewent or [he countyridm mbgr atsA xaate 3 7~ C c q fu aanigatlpt pion, Cne oily e[ wuncy /call ..cowl[ a [ep ur[ :u rna oea[q ll auea[izinq its progrus !n reducing solid wwta as [¢qulr¢d by SeCUOn 72 41780. TM sport /hall include intorwau en on mcceasee or redueu one • 73 In rub genwrated due ca Increase/ or der reou in the quantity o[ xaate 34 ca uaad only Dy change in population or changaa rn Mw nuoer or the size • 35 of yyovernwntd, mduseraal, er eowwerm al operatlo na in the lu rladict[on 36 so EA at eha herd way da cwru ne rE the aourca cwduetion and rweyy~ling 77 reuu( ^• b ebblishad undmr Section 41.80 owed to ba re viawd 39 411~~2. Each city or county ah all cevux rte erty souroe raduU ion anA 79 recycling eloent or ehw county eida inc¢grated waab wan ageont plan at 40 lent once every Erow yo r/ to correct any de Eacienciea in the aleent or 41 plan. [o •oaply vetch the source redue ties and recycling requuee nta 42 etabluhod under Saetaon 43780, and [o revise eha dotwenca, e 43 neceu cry, in order to cowply xuh this part. Any rwia mn sadw ee an 44 elewent or plan puN Uan[ to this aec[ron shalt bw arbutted to Cha board 45 Eor rwviex and approval or disapproval pursuant to the schedule 4ti ea[abLahwd under thin chapter. 47 43423. A city or county ey enter iota a eawcanduw eE underatanAing 4B nth another city, county, regional planning agaency, agency formed under a oin[ exerm ae et po coca aqr^ewen e, o[ dvtrict eacablia hod ro manage 's0 eo~id uaace Eor the purpo ae of prepannq and lapleo sting source • LECI-TECH B[LL TEXT REPORT ;2/07/S9 . AB 9J9 O~ff~~ p•, ~., /~U,~~~ PAGE 28 ....... ........ .... M a-WI V .__..____....... _. re due non and recycling ele cents or a county ide in tegrated mate aana9anent pian. 3 41824. On or D¢EOre January 1, 1990, [hw board ah+ll prepare, and 4 adopt ewer9ancy raqulations pur/cant to ChatG br 3.5 (coeenerng rich 5 Seetian 113401 of part i of Div uion 7 of Tl[la 2 of thw Govwcnwot Code 6 Eor use Dy <relea and eouneiu !n the prwpawtlon of sourw nduecion and 7 rat ycltnq daeanta and eountyrlde lnbqu bd rota pnageont plan/. The ( e regulation/ and qulddinaa /hall include ape itac recouandatton/ on her 9 lout agenaaes can achuvw dlwnion of wolld mate free landfllb 10 through aourca [aductlon, [acycllnq, and eaapo/tlnq !n accordance rith 11 chi/ eha ur. 12 Article ~ Raviar and Entoreoant 13 41825. Hot tau [ragwntly than w ry two urc, [hw board shall 19 rev br each city or county aourca rwCUEtion toil ratyyellnq loot to IS date rwln/ xhath/r • city or county la iwplauntlnq ic/ aourc bduc Iles t6 and recyellnq alaawnt. [t, attar • public boring, rhtch to the extant t7 Douible la hdd In [ha toed agency • 3unadle[lon, thw hood tend/ that 18 th/ <ity or county hu felled to iaptaent lt/ aourca reduction and 19 roc ycltnq ebwwnq th/ board /hall loo an order of cowpllanu xith a • 20 apwelEie sehedu/a for achiw (nq coop llanw. 2t Artlo la 4. Ento[NNnt 22 41850. It, atewr held inq tM public Ma[inq and iuulnq an order of 23 cowpllanew pursuant to Swetlon 41825, eha Do rd Elnda that tM county er 24 city and county hu felled to iwyUwant lt/ aUawnq tM Dmrd ey is uosa 25 adwlnistnewa cir 11 pedtiu of up to Nn thouund do lieu (s10.000) 'u pet daY coca coca urYy or county awyuwwnc/ tow wbwent. 27 43851. Nothing !n Ehl/ ehapbc /hall in Cringe on tM exla ttnq 2B authority of cocotte and titre to control land use or to wake land use 29 deeblona, and nothln0 in fhb chapter provide or tun/bn nw ]0 authority orar flea[ land uu to eha board. 31 C8. L FA 32 41900. Eaoh ally and county shill dalon/trab a Cundlny /ouree, or 73 source, wal3abb to pay for praparlnq, adopting and is loentlnq the 34 clean[ or plan, a requited by Bectiena 41007, 41230, 4P30 ], and 41930. ]5 41901. A city county or city and county ay Lpoa tau in ecunta 34 sufElclwnt to ply eha po/b o! praparlnq, adopting, and iw booting an 37 intpratad rub onagaanr plan prepared pursuant to thPa ehaptwc, Tha 78 Gu shill Da Duad en Ma typo or awounti of Ma solid rutty, and shall ]9 ba cud to pay thw actual rna t/ mcurrad Dy Cha City or county In a0 pnPas~nq: a~wptingC and lwDb~antlnq eha plan, as xail as In settln9 and ycien, ant upiuanu nan oc rna pian and the /wtcln9 and 4{ col action o[ eha local tae. 43 41902. A lord agave as dlrwetly collect eha t/e authorlud by thfa 46 ehauutar or say E~y aXtuunt, arrange for [ha ~eu to ba a7 colbcbd by • wolid Malta nectar pro vldinq lnlld Naa to COIlaC[lOn tOr 48 eha el~Y oc county. 49 41903. A r.ItY or county mny aleens apeCial Le¢s of a r¢a¢onabl¢ aaount 50 on eha iwporta ton oL rub [ow outside of eha county to publicly ornaA uat•••••u••••••. •. •••••••.••.•••u•••••••••••.. • LECi ~TEC H•BILC•TEXT REPORT • 12/07/89 AB 939 ~~~~~~~~ ..__ ......................... _............... _ ______ _ PAQE 29 1 ar apn vataly ornad facer count hu, 3 rlttlln one year tollorinq eha dyuw /paciLbd In Saccion 41791 or a latsr 4 dab etaDllshad or parutb0 by [M Doard, an approved city aourca S reduction and roc ycltnq elewwnt or enuntyride lntaq[aced xaat. manaq~m,-nt~ !i plan aro~ Sa Sn coaplunre rttn rt, proved ¢A, hareve r, that, :n•,t 11 me - 3 7~ ~~ / year t911owanq thw da4 apecaEaed in Secu on 41791 or a later Gate a B ufaollahed by tM board, nothing herein shall Da construed as u pro nio ttanq rM axpore of aolld waste, The board way waive the . 10 uquiraunu of thle aectwn it [he board deterainaa Chat all addif iooal 13 [euonable aoures rwdue [inn and racy alt nq prograaa are baanq uplwaanbd 1: to the city or county or a the beard daferunea fhaf the aysces to 13 e_x port waab sup~orca o[ enhances [hs m[y or wuncy aourea recovery 4nd 15 ~ eye ling •lown C 9. 0 16 43950. No era on other than the authorized ree elfin a ant eE the 17 city or county, shall resove paper, glace, urd boa~d, pas ~ic, uawd aoto[ IB oil, Eerroua lice 1, aluwlnua, or ether rocYYClabla watch ale which have t9 been awqugand Erow ao lid waae• wares rte la and pieced at a designated 2U Colleetaon lac orlon Eor tM purpoaee of collactlon and ncycL nq. No ~2 unleaa eke !person know ~ora~e ~~onably ono uldl know, that the utenila 23 would othecwLe bw collected byy the authorized recycling agent for [he 24 pu~Gnaa o[ recycling the materia la. 41951. Unleaa otherwaae provided Dyy contract, paper, glaaa, cardboard, 26 pleaUCa, uvd womr ail, Eerrouw lira!, alwlnuw, and othgar waste 27 aannnla, which haves bean apregated trove other waste eaten ale, and 'S placed a[ ehw deign aced col Lctlon location, shall not be reeovad Dy 29 anyone other than the authorized recycLn9 agent. 30 4195.^. Noth mq In rhea ena pfar fib 1[a the tight of any PPera on to 31 donate, sell, or otherwlu des pone of hla or nor raeyelaDle utenala. 32 41953. In any etv it ac lion by a reeycll rig agen[ again •t a person 33 alleged to haves violated Sec[on 41950 tM court say a1LOw tnDle 34 dauqu, as uawured Dy Me value of tie waClrf al [ewowd, against [he 35 unauthorized person reeovtn the recyclable utwru 1. 3D 41954. Nothing in this ar[Qcla lie to [ha authority of a local agsnc 37 to adopt or enforce requlrtwna or ordlnancea on the save caftan of ~hla 3d arcade. 39 41955. A viola non oG thla part v a eladeeunor puma hable pu a want 4U to Section 19 of the Pend Code. 41 PART 4. SOLID NASTE FACILSTIEBC 1. 5 M F SArncle 1. 42 Landfill Fac llttyy Raqqul[uenb 43 43000. The to1loYLnq dsEinitlon• govern the construction of thL 44 chap[ar• 45 U) "Nos [e esnaquent unit" liana [he ena of a solid wute • SU tCOeaanClnq with SaefaOn 13000) O[ the Yaq[ Code and Eo[ which a •~LEG~~TECN B:LL~TE%T REPORT a •••••••••••••••••a••••a••••••• •1:/0~/B9 ........ ..... ............................................................. ....t AB 939 ~ PAGE 30 1 wnlid van Earal itv Owrwle~ • not IfTtlwaY81F55Ft (wtnrw that dates 2 ounuant to Title 7,l (COUenOlno Ylth 9ecnon 6b700) O[ [he iNVeM lint •tandarda Eoc solid .lc, Manq and land d Section 4520 and elon 20 oC [h• Neaith vewndaeto na of the Dollutlon and any rawncion o[ wabc '.t lOn, Oaln nnanC B, dnd rl GCllltlab but rt dtapoul which era t or or Delon Auquit 1, 1991, the board shall prepare and on nquLtions for local en[orcuent agenclu. The opacity nqulreeen[a that a lot+3 aeq•ncy atoll eeac .gnaud, u,an entore}unt ~ganey. Tlie nqulaelona shoe t51 Tha a%latenbe o[ at Uast rim perol[ted solid was to taeiLty with an the 7unsdictton of cha local agency. tb) Tha requlationa adoyy4d pursuant to eubd w:aton la) shall specify four; aeparecs. fype~ o,L eerElCicataon• for which an entorcwwent agency wxy 3 76 ~a~ av W dlYCddiced; a wants: ' 40 f1) 6uttlnq, In apecu un, and enEOremeenc of rayula txona at solid 41 racee landLllla. 42 t2) Denactinq, Lnapeecaun, and entoreeeenc of mlid waste 43 lncineraco[s. . 44 (31 P¢cmittlnyy Inspect wn, and enforcement of transfer and 45 proceaslnq mtataana. 46 t4) nspaetlon anpt enEOreemanc of litre r, odor, and nwaance 47 regulations at solid taste landfills. 49 43201. After August 1, 3992, no enEoreasent agency shall be des ignated 99 Pura uant eo ehU article unless the board dererelnea chat the agency SU tally cumplies with on¢ or mace of he oercxEic ataon•typea•apec ifled In •••••• • LECI-TECN B[LL TEnT REPORT~(3~ x~~~~ 12/U7JB9 •••••• AB +39 •~ ?AGE 1: x..4 nn 43~VU. Nu enc shall, aECet AuqusC 1, >n-ta.+ -t+ cnv~:= nt ~ Pus ua.^.. -~~ r'~:• f chap ter unl¢as the 'ayency naa ~Deen Cdtlati~~lr Hoare. 4 43202. There say be designs ted withrn eaoh county an anforcemer.t 5 agency ro cart our eh im chapter. If an agency Is not deal oared and h certified, tM boac4, in addition co ace other powers, aN1P ba the 7 enEoreuant agency rlthin the county. a 43203. The d¢magnaCion of the enf orcem¢nt agmncy ana 11 be ¢ade by any 9 one oC the Eollorin procedures: 10 lei The board oP auGGervicors of the county may dealg~ate the tl enforcement agency su67act to the approval by a ma3ocity of the cities 1. within :hs county which eontaln a Monty of Che popula taon of Che 13 incur poraNd area) of the county. 14 Ibl The counCY and the clue rlthin the county say motet into a 15 ]oint exer~Lle at powers agreeeent pursuant to Seccaon 6500 of the ib Covernmane Code Eor the purpose of ea cabluhanV +n enforcement agency. 17 wl A ertY council may duignab an enforcement agmncy to carry out the powen an8 dutbs of an o roved by the board, Tha It tindm that the deal9 Hated r [uponaibilltlem under nation cequiregnts adopted vd, cM board shall b.eou powrm and auchorlcl.. Iln thla chapter prevmnts a ietlon 43202 at a later date. article uy b¢ wlthdrarn in aglney which is the upoa al opeutlon shall be rash handling or dla posal of law, ewcept as provided : of Dlvie loo 20 of the r Codm of C1vi1 Procedure, >rcm, wep end -evoke, or . or P¢rmlt re~a [Snq to a nd othmr eoLd wutee and a ubdlvlmlan /al o[ Section o pe tacln a of Ma 1, 1987, ', ao an go prohlblP or i dlspoul, treatment or y such EacllitY• However, ' of such a faculty Co lu or Eaelllty nm[mlt or ..•••..•••.u u~.u•u..•.•ia••...•••..u ••a..•...u....••... •.•....•.«........ • LEGI-TECH BILL TEXT REPORT 12/09/89 AB 439 PAGE 72 i ta) EnEOrce applicaole provulana of th la chapter and tho requlanov 2 ads pied there undo[, and under SeCtlon 41020, ertain lnq co cM minamue 3 etandatda Eor solid raato handllnq and diapoma4 Eor tM protection of 4 air, racer, and land [tom pollution and nutunce, and for [M protectmn 5 of the public health. 6 Ib) RaqumaC enLO[NNnt by apprOPcleb Lederyl, Mate, and local 7 agenclu of their nmpeetlve Tara govertnnq solid ruu storage, a handllne, and OLFOUt. 9 Ic/ put wl dl eh¢ board, upon lta r¢CUUt, in tonatlon the board chapter an. 16 to emtabLah specific local e[andarda Lor solid taste handllnq and 16 disposal subject to approval by a u3oruy vote of Its local governlnq 17 body, No wave r, any ouch nquLtton shall be cone utent vl[h Mu title ld and alt rod wish one adopted by the board. The enforo ement prnyccm ahi;! 19 also mclu a a de~cri ptxnn of the local lY adopted pcooedurea to cvey:nd 37b F~+~ 2U out the'pioat end inepectaon program pursuant to Chapter s ieauencinq 21 rath Saccaon MOO L. • 1i lEl KNp rnd bantran racacda of eta ana per[1on, anEO[eben t, 1J taming, and re~ulatorYY progca wa, and of anY other <tflcaal a<tlon in • 2i accordance rith req ulaElona adoprvd by thn board. 5 (ql ConvulL a approprirte, nth the approDr a to local health egency 26 concernanq all etiona rh h -- - - 4 • zz7 shall a Glade ae inv ohlve 29 re eonr~uet an~reparS ~tia evalu ati otP 29 ap prop riau. JO 4]Z10. For those Cacalitiea which a ]1 which the PProvaaaona of Chapter b.5 t 32 Div uion SV of the Nealeh and Sate ty ]3 enEare bent agency have no en torcb~ 34 nEOCCbent actlvaties for the Eamht 35 hazardous rates shall ba perEurmed 36 $erViC ea pY[g astir CO grrtCle H l<Omwa 37 6.5 0[ Dtv agion 20 at [he Ha filth and 3B 43211. For those tacil_^,aas rhach a 39 ocher soled raacea, env 3taty Uv +U exarc isa anro rebant and reyulrto ry i 41 hatardcug waatb ac the Eaeili tyy pure 42 Section 538 U1 of Chapter 6.5 of Davai 43 Code.. The board shall, at eaxed weer. 45 oelfiev elan haiardouelaaatee at ache r[~ 46 43212. lE the beard becomes the en. 47 reasonaoly Eeee to [he local yovernan 48 4]213. 7ha snforeeme tit agency may, 49 governing body, pceacnbe, revaae, aro 50 each opera to[ of a soled rash tacillt ••LEGI~TECN BILL~SE%T RE~~P~~O((aRa~aT~~~• ,•••••.• •~ AB 939 •• _.... ~...__. •••r.t8aratal'rW~', 1 2 ] 4 5 6 7 8 9 101 12 I] 14 t5 apt only hazardous raa Ga and to uenc ang rath Sea uon 251001 eE Ie apply, the board and thv or rag ula Gory authorat y. All a re lativv [o the control <t the state Dapartmenc of He alrh mq ratn Section 25]80) of Chapter ety coda. apt bath hazardous raa tea and uen[ of Health Serv uea shat! acv rata clnq to the can[rol of the rt to Artlcly 8 ceooencinq oath n 20 of env Health and Safety b poa al far alleles, exercise mq to thv control of ao lld vaatea sty puuuut [o thu <hapur. come tit agency i[ may charge Body to [eeovat oFera[lon coves. Doti a ujorlty vote of !ta local olUct feu or other <harqu from n Erom any person who conducce •••• r• ....•.. ..•....12/07/89 ........s.a.,.aa ............. . ___......••PACE 39 ~navwn ve ucuary o eutaon plan a. uv flndm9a and ana ~yqs of new rub unaquent reduru, orceunt agbey shall inspect uch volld rub lac iluy Lion at lout one flu oath month and shall tile. :ha Inapaction, • rrltbn report In a format prescribed board, in eonjuncuon wath an inspection conducted by iency, shall conduct each year at lust one Inspvctlon e lactllty In the vtau. A wntun lnvpectlon report and subuttvd xa[han 30 days of the tnvpvetlon Co the tM board shill conduct a o~ the vnfurc•unt agvn<y rlthln 120 day a, puPacw a ., suowauion o[ a plan eF aoruot~lod b F6i i Fo ~- --~~ Y o rcbant aganc~ r eh In 90 ....a. .. ... .... . .. ......... • LECf-TECH BILL TE%T REPORT ~ ~ • ~• .... 12/07,go . 3 ~6 ~~ X7217. Thm Doard ah all provide ongo ang tulnanq, uchnlcal beLtane e, and 9uadanem o enEocebvnt agbclu ro abut In [heir deety lone klnq proevmwm: m uafaUtiea shall ln<lude, but is not 1lwitvd [o, mrovidlne alt M M. r..i ~....,~~. AD y3Y-----------------~rlpina- poor Quality dAUe ~~ i days of the report. ' tcl Tha Doard shall xit hdrax 'n en[o rcemenc agency's deaiynanon • 3 purs ua nt to See tlon 4]215 a[ It dernrmines the enforceeent agency has 4 Eailnd to aubwit an adequate plan of correct wn or has Eat:ed to 5 :epixmwenr, the plan. Article ~ the eo artl 2. Poxers and D:u tes of a 43,10 ri. The board, when acting in irs -apac ity as an en.'.orceme r.[ a• ency may enforce all pcov assns ci this divia ion, and the rnyulanons n~oFpred th ereeo, . cr the protec non of air, rater, and :and Erom Fa ilun on and nuia anca, and Eor tha protection aE [he public health. • dis p~i aLl with other F.edera 1, acaes ~a d 1 ral a9s~n cleaaa nd prn d~[eq and :1 parsons. :4 4330 2. T.he. board may request anEu[ce ment D appropn ate Eed+ra:, y sr ac e, and local agen ciao of their respee[we laxs governing aol W waste awryya handy ny, and dyappaaal. 4330 ~. She board shall ,tevelep, ie pie me r.q and aavu •.n in spect:o n, :d ?ntarce merl t, ind [raininm ormu ro •n. ons nQCeanary to ~eole~~nr rein weme nr program consls[ing of rw••. +mu inm tide a out the permit and mapection program pursuan[ rich Sectien a 40011. as it duu n ~•a...., ~....,._~ ____... an to conduct nn'r:,.,....__ _.. _,.acn agency adequate notice anO Maa[mm all • transNr rotor vrftlclis tar than • ______________...............a...................•.................... LECI-TECH BILL TRR'! RCPORT " •• .. ...............aaa..aa•...•.............. ...: ~: e~ .................... ...... .. ... AB ....................................... 939 ... .............. ...._____...-___._. _ PACE 35 ' 2 3 49]30. It thr DOrrd becous ehr enforcasnt agency, tt nay charge reasonaDlr Cwr eo ppDr local govrrnanp hotly to neo 4 ver operation coats. Artlclr 7. Cloaurr Plana 43500 5 . fa) The Lrgtrla to re MrsDy Einda and drelarrs that the long-trn procretlan oC u 6 7 r rater, and {and Eros pollu iron due to the dLpoul oC solid ruN U bra[ ae hlrwd b n l l 8 y qu r nq tlnanclal auunncu of~lte Cloeurr and portclosure uintenanee of solid r landfills 9 IU . ate 43501. Any pe ra on ornlnq or oprra[tnq a solid xaate landtlll, as deCi ned In Sretlon 46027 sh ll d b Li 12 , a o oth of thr follorinq: (at On or Drta re Januaryy 31, 1990, or upon apppllcataon to beeowr an np eutor of a solid wutr facilit ur 13 y p suant to Saetton 44003, certlty to thr Doard and eM snforcurnt a en I4 g accorplished: cy that all of the [ollaranq ha vs bean 16 and1loaivloe~nrc or operator Dee preparod an inlClal utimate of cLca u:a r V IB 19 (.2P Thr otrn~r or oprritoc hututaDlia hed a trust Lund or rqul valent Eln social arr nquant accrp[aDlr to [M board b ~ su , ae sprclEled In dlvis ton 1 7, 20 21 i3) Thr noun [s that the ornrr or operator rill dspeal[ annually In the trust Cund or •qutvalrn[ Elnanclrl arrangrgnt ac captaDlr to the iiln hnincinrurr adrquan rrsoureH Cot clorun and posrcloaure 24 25 tbi 3uDrlt [o ehs rrgional wa[rr Doard and the baac4 a plan far the cloy urr oC thr landtlll d 2~ an • plan tot tha porttlosurr ulntrnance o/ the landtlll. 9 43502. All AocuNn[a tfon nlatanq co the prmparatlan oC the closure ap a ar ci d ih l Dn e ~ D i0 yy er r n al avr lla Dle Eor i napec aoo by the en[orc DOerd a ~ h r ~jr ep e nt agency at reaaonn Dle gmea. 376 T~ sl 43bW. Tha ciomun plan and the pasmtoad re seance nance tan sna.. :. 32 wbeltud not later than the Earst dau after July 1, 1990, tat tree 33 tolld rota EaciUnu ps nla is requued ro ba rave wxd, 39 pure want to tubdivluon <dl of Sacuun 86796.33 E the Covernsmt Cnde, a 3a a at read an DacesDar 71, 1989, or Section 44001. TM closure and 36 poa cclosurs uintan anca plans ahsll ba included :n to ac revaaw. tE cha • 37 owntc or oWrator intuds to close the ao id v a landfill on or before reef h a solid waste nd[~l dos }abet 2B. 1992, or aE tl Sa ~ ~$ ~ g ~ Q€ 92 the au acne nt p}olcnd.capact y to ope[ate a ter a to sr 8, ~ 40 ovnar or operator shall sabot the plane on or bet o[e Jul 1, 3996, or Y 41 a ellity pursuant open appllea lion to becowe an operator of a so lad waste E 42 to Sactaon 34001. i3 13504. pun can[ to the graced oral raqq uarewenb an Chapter ' d a th b 4M1 oar y e m (comuncany vaeh Section 44001), the anforessent ayancy or 45 suapand or ra voka a perwat of [ha ano lee ant taala vaeh in a re as onable ie ppe nod of ti ma to auDelt ' n saw pea blx plan Eor cha cloture eE the 47 landf.a ll an:t an acceptable plan Cor poa[cloaure wu ntenanee aE the 4d lan dfal'. 49 43505. Tha cloauce plan and the poa mlOaure nance nance plan say be Sig ra vtsed only upon <he Bla r.q mt a wneean appLCataon cheraEer by thx • L ECI~tEC% BILL tE%'f kGp~nT i:. .:'/;a, AB 939 ~1i~A~_r~vV~_4Ya~j~( _.__ FACE 36 1 Ovner or operatoq and cha approval, or awandmant and approval by cha Dc ord. 7 43508. After [eceivinq a cowplste closure elan and postcloa u[e rove dl ll 4 . approve or aaG cant}nance plan, the regional valet board sha se tf sad ~n a aohaA Ulu a t d tl h 5 p ori y an a cha plane pursuant to cha aut T 8 he ac Clore Davao on 7 feowwencanq wach Sactaon 130001 of cha Rater Coda. 7 by tM regional ra nr board anall tntluda s tauter and approval of the B u[uans of the funds naoeuary to taplaunc those or[lons of the lane t the h ll i 9 ncorpora e a approved byy the ngaonal wear Doard. Tha Doard s ( 10 actvon of tTa raglond Niter Doard ant .nail onl approve plena that nda to C K tl e nacauary u include an acupptable ochanua for provldlnq t 12 13 iaDlbant tM Plint. 43507. Tha ornwr and operator atoll, cagardlur et any ehangu 14 occurring ducinq tM coot nuad operation of tM land[ill, clou and 15 saantaan the LndE111 during poaceloaun In accordance wl[h cha Goat 16 meant cloture plan and cM aoat seen[ pottelosurw ulnrsnance plan 17 approved Dy tM board pursuant to thla a[tlc le. ld 43508. Tha board uy recover any toot tncurrad an uauny cha 19 nqutuunta of this article DY eDar9qtn9 a fas Durauant to Chapcar d 900) f P 2 2U 2~ o irt . tcouancanq rash S}e[lon 41 43509. (a) TM board shall adoppt and cud rsaulatlona spw aCyanq dures and ti 27 on proce eloaura ouleo and Opoostnloaure u1ntM nc• pl a op The requ Ltians shalt aiwo ottc lotus tcanaar~t a t l 24 . og ors :h yy oo c unl soled wore lendElll ornan or opwra[ora to calculate, and i 25 rega n psriadledi nviw, cost utiucu for closure and pottcloaura 26 umtananc~ fora period of not lus than 30 yore aEnr closure. 27 (DI Tha Doard say adopt rpulat/ona that wtho[ita cha adoption of 'o 29 Owcn Pau uanray auu Rsqulationa !or prtllalnary closures in~poitcloiuri iaincenanea plane may 30 uqulre lua apecltlelty and }nganurlnq denll [hare ELNL clot ura and 31 pottcloaura ulntuenu Diana, and thus nqulaclone shall apply en1Y in 12 [hots cease M ahieh than la reuonaDL eertalncy cha eM solid waste 33 la nd[lll rill not ClOta !oc at lout one year Collorlnq approval of the ]4 plane. Pn11R1nary closure and ottcloun utn[enanct plant shall h b d d g 15 ear c a lw tM orner or operator an provlda wE tebnt detail to •na 3fi to aeeurataly orlon cha costa for closure and postdloa ura ealntananw. 37 0510. Tlaa raeq9ulationa adopted by cha board pursuant eo Sse tlon 43509 38 than not duplfean or eontltet rich cha requlationt upoalnq Che 39 eleaun and poatclotus urnunanee nqulcaenu adopud Dy tN erase 4U rater board rhlch an round In SubchapDter 15 lcowuncinyy with Sac cton l cl d f R C 41 sq u a o na. ornta Ca e o 25101 of Chapcar 3 of Tlcle 23 of cha Call 42 _.~ Ac[lcla 4. Flnancul 43 Abllltyy dfill hal l 44 a , 4360 U. Any person Ownlnq or oGperatlnq • aolld wu to an a9 rich cha eloaun plan and poatclown ulncenanee Dlan auDwleted 46 pursuant to eubdlvlalon (D) of Section 43501 tuDau to cha Doard d f l E 47 M cost o c amors an avidaow of tin anelal aDallty to provlda nr 4B poa [closure ulnnnsnee, In an count equal t0 cha utlund cost of 49 eloeuu and 15 years oC poetcioa ors uintenance, contained In the <loaure 50 plan and tM poeteloeun uannnanee plan •ubaltnd. .a.......•..a•........... u......aa.«a....a .............. ...................... • LEGI dfiCR BILC T6%T REPORT 12/07/89 .....................eara....................a.......a.•..•.a....e.a............ AB 939 to which rands shall be dspoatud J awbun[a tuEtlelent to oat closure and poatcloaun roan rDen needed or h D d d h ll b l 5 a e oar , an s a i7oanc acwptabla to t ved b rt r a fi ed inAi ri o l i y Doard In con~unetlon rash cha requlnd v r DD 6 plant. 7 43602. Tha wlducw OE flnanelal aDLLlty requlnd of an Owner or d n eucor ah ~:1 be adjusted to equal cha eecuaeed •Oata et •loaure .and evir(en ir eclat ore w N ved l na ~R i tM f • 9 . ; . a n na nce to appro a . rw 15 Ye era o P ~ 7b K K to Cna pilot -praor m ciosifre anau oz accampanua oy cute ae ponding 11 uvlslone in eosc astaracer and financial erauranees. 12 43603. Ths Doard shall hoc req wee an orner or operator of a solid 13 li rota landtiil to revise or arend a clue urz pplan auDratted puuuanf to this ecti S 79b f 6 f 15 s oner ection on Or ti ... o thz Gavrrnment Coda ales[ aloe u[e of the landfill in order to reflect mubsequsnt changes In any 16 17 standards and rroulsttona adopted by the boa: d. 43604 Att II d d . .9 . 4r e ore, an unro t e. poste /csura ma mien an<e pe n od, a solid was to and~f~l owner or n e~ator shall m d G ! to p ain an eva rnce o f.inanc ul abiaty Ear postcloa uce main<ananca at all times equal to the dU aaelmaead coat of IS yeas of, pus u: b>s uro maintenane z, a<cept eh at, 15 -:3 years baEOra eh¢ end aE ene poamlasuca aamunande p¢[tad specified to 33 a poste loo ore lain unance plan approv a4 D the Doard, an owner or t apsra ot uy request approval of rho boa r,i to provide avid en ce nt `4 Einanm al abalaty in a eraer amount. 43nU 5, No[hiny m this division aftecta the authority of the Sate ?D ~ Mater Remo u[cee control Board to it poaa •loaure and poa trios ore ~' as mte nonce requareeentr on solid raata la ndE111a. 4:60ri. ~ a~ F.u czpe for P.inan,': a: arran9emer.:'s r~prcv¢d by •ho boar, pursaant m tnae ar 4ctr, no mdesniLUtic n, halo Y.a rm!ca a, cr zee i_e: )0 agreement of convayanoe a effective to transfer from the orner or I1 7: operator of a solid ems to landfall m any ether F~rson any obliyau ens d h d 3] upoae an t e orner oc oppr~tor un er this ar tlcle. tbI Notrit hoc arxdtnq subdivts eon Iar, noth mg in chta see clan 34 35 rohi Dlta anY agroasmnt Da crash the orner and tM operator ragarding h t eir camper eve oDLgataons to[ closure +nd postcloaure ulntanance of a 3n solid rar ce la ndEil 1, and nothing m this sec uon proniblCa a ausa of J7 action that an orner or operator has or could have agaanst the ocher 38 partyY by reason of Coat ayreaen[. C 3. P I PArrfcla 39 40 1. So lid Nuta Faeiluv Persi[s 44001 A . ny person who pcopoare to Decoma an operator of a aolld caste 41 Eamllty shall file rich the enforcement agency having 3unsdlction over 42 41 the Eac alit y, or Ma Doard aE tM rr ar no drsiQhated and cr rill iad t l [ l 4 an onarn agency, an app lc ocean cur a ao lid rote ael itlas permit at 49 least 120 days In advance of the date on xhach it is dgSnd to eouence 45 opeutaon. 46 47 44002. Thr oprta[aon of a solid rash tacil/tyy by any parson, mrcept t tC d l d f l 49 as auenonze o a ao cute pursuant l aci t is pent[ luurd by the enEOtvount agrncy, is prdhabitrd. 49 44003. Mhln Mr oparotor of the dla yyawl a1n a not tth•• dlsoooosal site 5q urn er, the dfs pool sate opera tot m a ppYleataon fc: a aol1G mate • • ••••• • L ... EGI-TECN B[LL TE%T REPORT 12/07/89 .......•.••..•••.....••...•.....a•a•.•••...•..... ••.....••.•.. •....•.•.•... .. AB --- 939 PACE 38 . ------- --------- --.d~lna!-Foot-'~+^ •,,-------.-.-- •------ ~ • 1 facillttu penal shall canton soy in[oyNA 16F that the enEoceemrnt 2 agency uy require regarding fhr disposal sin ocher's inearue in the 3 real property utilised aI ehr d\speul sib. 4 44004. (al No +psn[o[ of a solid ru to faculty ehall war. . ~ --- . me darign or operation of any solid recta facility 6 ~rq yt In contorYance rlth Ms Gne and cond/tlans in • solid costa 7 Eac 111[lu pe[wl[ or pvlard permit lu urd Dy the anfo rceeent agency e fo that operdor. 9 tDl IL Ue opp~e[s~ot richer to modify for operation of a solid xasCe 10 facility taw wpmrato[ Isali file an appllc atlon Eor reels ion of the 11 axistlnyy solid .eucw Laalil[aes prrmat qch fhr enforcurnc agrncy. The 12 apDlleatlow wMll W t11W at Irut 120 days In advance of tee date when 13 14 t66r proposN wodltlewtlan is re take place. ( ) l5 e pMwr olreuYGnaes [huh ptearnC an imwedlan dancer to public hul[h as dennlned D fhr nt sm h 1 d il 16 , y e ore rnt agrncy, t e ay f 10- ing t7 period uy M salved. 14005. Any parson, rho a tM orner of a disposal site, shall file 18 rSth the snLoreeunt agency ar Me board a sport spec ityinq tM date rirnpin ayu nays acne any uu, transtar, ar eonwyahcr at the real prap4006. S ul Eaeh tedpoct or apD Lic ataan filed under chls article shall bs wbmStnd un ac oath o under Pena ley of psr)urv. tDl Each sport, nattce, or appllcataan tiled under this article anal! Da eubeltbd on a ton nporovsd by the Doard. a me ancoratlan[ agrncy !hall not tasur or [ev be • s011d carte Paoli unlua /t hp, at least b5 days In rdvanee, ravlded and the applmsnt rlth a copy of fhr proposed permit, rhich to to the terms and condlUOna the anCaresunt agency proposer t~~ ~A darts wn to issue or not ueur the Perot shall be made Dy 3 7~ ~-~- 4a the inTorciaant agency rathtn 1[u days of the uas the applaeelon as 44 Ello unlua wlvad by cM applac an t. iv 44000. The board shall, an rraean q, roneur or objac[ to cha lsa uanc e, a 47 ~~ uC the °r outs ion of any solid ws[e tacllltlu pwnlt ri[han 60 d b ' 4d a yY oard s receipt of anY proposed solid vaab faeilaeiea pera:• sub^L[bd u d [ S e cl 14007 I b • 49 n e , o op E the o acd deterslnsa that the par mac la not eonatat•nt xith state standards, It ah all oDjact to Orovlalam of 50 • the Dar^it. anC malt subut aua h•obleationa•TO•the eo[or°daeM agency •••••• • • L EGI TECX BILL TENT REPORT 12/07/d9 AS p~-.... ._.... 919 " r U~ r W yt trrJ PACE 39 1 Eor its con aideratao n. IE the board fails to cone ur or oD]ecc in r[ic ingg x rthin 60 da s !t h ll D d d 3 4 y , s a e eewe to have cone urred In the vauance of <he Vsu It as subeattad to it. 4 0 T 4 10. he antercuent ay ency ah all issue the pauat enly SE it !rods 5 chat the propooud an lid caste Eac alltiu paolt is wnalatent wlM the 5 eta nd arch aEOpted Dythd board. 440x:. A decision .o seise or not issue the perwlt ah all be made by 9 •he enf orceaant age rcy ric hln 120 days of the tie the ap plies uon is 9 fated unto waved by !ha appllcan t. lU 44012. vhan issuing or rw Pa lnq any solid ruts Eac 113ues p¢rmiq the 11 entereeunt agency obeli ensure ch a[ chary conaidecatton la 1.. given to preventing anviron pntal daisga anA [haC rM tong-eau 13 i4 p[otee tlon eE tM anvironunt ae the gold lnyy criterion. To achieve these h [ pur Deis, t e en ore •ment agency uy pro halal! or tend ition the handling S 5 or ispos+l of solid veer. ~ o prota<c, rehab111tate, or enhance the 16 en vironsental quality of the stab or to utlgata adverse en varon santal 17 upsets. 18 44017. She anEOroawent aaenu•Y say sus Pand, bvisa, or revoke any 19 perwlt puuuant t° Chapter 4 (c°wmaneinqq wltn Sae tlon 443001. 0 a4o14. (a) Upon cowpllanee rlth Ssct[ona 44007, 44008, 44009, and 21 44011, and aEbr anY neeuury hearin the ento[csu n[ agancy uy loos, Y 22 wodl[y, or bvlse • solid rota Eaeillc u perm![ 1t tM DoarO his 23 cone urred In rM Dsrw1C. 24 (b) Tha perwlt shall eonuln all tern and conditions rhlch the 25 enfereusnt agency deb[slms to be apProptiab for the operation of tM 2n solid xub Caclllty. The operator shall comply with all taus and 27 conditions of Ma penis. 2B (e) Rlthln 15 dtyy of luulnq, redltylnq, or rwllnq a solid rote '9 [ac llltiu pen1L the en torwswnt agency coati runs ^lt to the disposal 30 seta orner and the person rho la or propoeu to bseoes an operamr o[ 31 a tuna Car or proeeulnq steclen or • dlspoul alto, or both, a copy o[ 32 33 the solid caste Ca°lll[lu ppeerwlt. 440 5 • 34 1 . Anyy solid vub [acilltlu pent! !sued or uvlud undo[ this t h lt b i d h d f c ap er s a e rav ere an , i necessary, revived at Last Onee every 35 frv. yon. 36 44016. l) Tha enfercuent apeney or the boar0 uy suspend or revoke 37 the pent! of any solid rub laelllty deala nsd to conve[t solid rash 38 crow oCCSlb .Dore.. into energy or syncneElc Cw is t[ the Cacillty 40 41 agiricYyln vlio`ii`ju[litltceton Mi iicirt~la ~~rre collee~sd ~~equiru, b • ordin nce 0 M l t 42 43 a , e011 nc . Or o err u, that recyclable uteriais within the uctadietlgn O! that local • eney W eonverbd lots usrgy at that Laeil lt T1 Wlvta l d n l 44 y. 1 . .u on oves not ot wcx u ru tract the abllacy of a ao lid .seta Lwa111tyfr to purehau, collet, traneporq or proeus 45 46 rseyyclDl ^wt~~lli. tD) A h " " 47 s wM In t l. .action, local agancy cans anY eountY. o1cy, or dUtrlet autho[1 to collect die pou o[ collect anA dl ou of 40 49 , y solid cast., or apy iDint ~torers authority foxed puuwnc to Chapter 5 ( l i h F SU coueno np w t SeC lOn 65001 of Dlvls ion 7 of Tlcle 1 0[ [he gere[nwen[ Code which L uthorlbd to censtt act and operate a Eacllicy .•u ••••.••u•ua•.••••a•a~••••••.•.••••••.••.....••....•.•. ••.••.•..•.••••..... • L ECI-TECM BELC TC%T REPORT 32/07/89 ... ...•.....•......s......e.•.......• ....................•...............•..•... AB 939 PACE 40 t [or the convert ion of solid cute tnro energy, aynehetic foal, or 2 nuuDle utezlal. 3 4 (cl Ae used in thU we[lon "reeyclabls •atetlla" uue dUCa[ded t 5 spec, glue, eardDOard, plut c Estrous utal or aluelnus rhlch has bean u re abd trove other tollb t c l ~l C 6 g g xu e u sr a e or the puryyou of [eusw or ncyeling exeaP! that LOCyyclable wa[stial d° floc Incl de a e ll B , u a ar a rhmh • local agancy, having 7urldlctlon over tM locations char. thaw uterll exact, debralnu could Dw Pobncally hantul to ehw public 9 Male h, or aabrlala xhlch Brute a public nulunes, as detlnwd In lU See eion 7480 of the Civil Coda. 11 44wnargYg or 13 14 aynthetle [cal a cc[ovU ion rhleh nqulns tM use of oDDwrath9 rocedubs at t{ [ elltt t 5 p (e a y to prevent elgnl lcan[ quan[ltiu of tlazardeua 1 wash [row wnNrlna Ma convenlon proeua and co ensure Ma[ the aah 16 17 rhich la Produced Is nonhau rdous. Artlel 2. F Sd acll ltyy N ec [tons 441JD i Th • . ta a enter[ ewe nt age ncy, In leuing or revle.xln9 any so:ad :3 ruts taellltl4a ps[^10 0[ In connecUOn wach any, action re4rlnq ^.her¢en t 37bV11m ~0 1 or'aulho[lzaa ey toss davaaao n, may roves agate rDm operacaon oy any erson C 22 p o • transfer or pros seat nq static n, or db poa al ales, colleeeaun or handil • 27 nQp • uipun4 or storage spa Eor solid tutu. (bl In th l l '4 m nvut gation, the en[orcement aganc y uy require any pa raon, who la or propoael to be.: ome an 7.5 26 n oper slot f. a transfer or procgsinq station, du poa al sae, .o ollecnon or handling aqulpeen [ er etc: a a L 27 , aG area or ao lid tastes, to Eurnia h, under pan airyy of psr ury, any toehnleal or monitoring progr e reports or th ~ e • 28 '9 ~ o er reporce that ha an Eoreaont agency 'ma a eea 44101 [ th i y i /t 30 . n e n vest lg tio n, he _n,forc ement agency say inspect the CacLllty, equlpunq or vehicle sad 31 7 .or storagx, coi:ectLon, [raneporta tlon, pcocea aan sy, or die posal af, su lid taste as neneeaar t _ 33 , y o ens are complaancx oath Ch la division and co dater one th a[ the [erect and con ditlona oG solid f ]+ ware ac tilt acs perm ice era bsingq cos plied with. The Snmpec tlen shall be mate wleh th 35 3E e consent of eho ornar or possessor of the fac illtles or (( ,-.onaent Sa re FUaed, vlth a varrani duly issued uce ua t t T i 37 p n o ile 3 tcomeennng tlth Se<tlon 1820.501 of Part 7 oC the Coda of favil Froeed H lA 39 uc e. orevec, In [he event oP err. ems rgency afEaecang the pr: blic he aleh ur eater y, an inspection may b~ mad h ~. e v`t out consent :.r ,ne •ssuanca of a warrant. ++:.,: . Opxn th f 41 , e ixyuv»a o any pace on Eurnia hing any repnrq n_[:^c, ap pile atlo n, or oche: documene req aired b [hi h 42 s c ap nr, the enforcement agency or the board shall not sake available for lnspe coon b the uDl 44 y p u which Pontsi na[ da s o etn au de ln dpP i u tv a en (]~ 45 ra e r E e s n bd l f of Section 499c of the Penal Coda. 46 47 However, the pporno na of report, natlce, appilc atlon, or other document shall be ride av srlabl t 48 e o governmental a9encles for the ase in na king reports and to the alarm or any state a m c I d 49 g y n n }u icaal review for enforcement proeeedin qa env olv in9y [M parson Eurn to hln the 50 ... q report. Nothing !n thLS sac Lion prohibit tl~a dlseloauca o[ lnlormation ... L ........................................................................ ECI-TECH BILL TE%T REPORT .. ... 12/07/89 .................. ......................................................... .. aB .... 979 f`~/~~a.~~ p~~ PUCE 41 ............................'-i1LAW-cf/l7~ 1 2 _ _... Pureuant to Chapter 7.5 tcommenclnq alt ectt n 6250) of Dlvb~on 7 of Title I. 3 4 44d103. fa) Foc Uosa tae ll ltlu which aegpt Onl9y haaardeum wits, a sole wash facili tfu permit lewd Dy the antorgNnt a L 5 gency net required. A lLngle haaardow rota fac113t4a pnmlt auuad 6y [M State ~ Section 25200 No[ Ctiapierl6 5 of D vtibn 20 oi! [hi Hi~1tA and S fety 8 9 a coda shall Dm the only tech facili Clal petal[ naaauary Lor the use and o peraclon of harardoua Yob dla poa al lac 111tbm. l0 11 (DI For those [acilltlu rhlch accept both huardoua pu tea and o[h er solid tutu, two par^1[l shall be requlnd a Lolloru • 12 , rl) TM huardou tub laellitlu Daoit bmwd b th S I1 14 y e late Deparmm~t oC Neal[A 6ervleel punuan[ to ArUCL 9 (comaenclnq rl[h is 8veclon 252001 of Dl vlllan 20 of tna Nul[h and Sahty Ceder. (2l th e solid wato Eaclll tiu oaolt Iw.uee hu te. ... r......._,._. 1'] ~y.,,..y iruenc ce cnam aerie la. -..__.. _... ~n gt[ u i i t l l l 18 19 ILC al p lru ts lap other provtaloni of yl~N ~ar peraat or o sid byy 44104 (al Th b d zo . e oar shall u[ntaln an inventory of solid water [acill tlml rhleh vlelan sc n i 21 a m nlmue acandacdm. ro cM extent it as pneclcabL to do w, tM board shall lneorporab In th la In t 12 3 ven ory exbtlny interutlon eollmend !n the course oC ravloua surwye of [h le type and m1m1Lr ln(o[matlon ud l ~ 25 a anal aDla to t a board by stab and loe bl a mng1N. ~ 26 Mnmwr • solid rub Caclhcy b propo~ad m ba included In the lnvm lee n. Ma h,,..a .~.,, ...._ ___ _ _ _ to In oM Mllta 4S 1o11d web l/CAlty Un[Llyttll VSolaClOnl OCaltlta alnlaYaglllM1Clydl arR 46 bodied. IL a cloud or abtndonad dL oul alb la not In compliance - 47 with In ens one•yur period, the unr oad P/d eond/tlon n pr/ma Laclm 4B avldancl of negllgenea) ud, an any action Lor duaqu •a alnat the nrnet 49 ut the property for 1n7ury caused 6y rho unruedbd condlelon, the burden 50 of proving th It the In)ury'Yal not cluald Dy the unraoadleA condition 376 NN . LEGI-TfCN BILL TEXT REPORT 12107ig9 . ............................. . . . ............................. s .......... [~ ~a rrtt AB 939 • 1 2 __.__. _.___. "_"_.__. ~'•j(at lit ~tA..,. tr„' PAGE _ 42 shall bs on thm orner of the praperc y. +rmflttaaOOtr~t°T (cl The mntorwmgnt a enc w 9 g y ay re rover an COat9 Incur a pursuant m Mls sect on Cb~ti~fjer~in th Eee authorized d"y See[lon 91~~0. ~ ~ a 5 e 9415 U. (a> Tha antor ei~~n t yyency ah all nut :a su¢, ravtse, or r¢ts sue a solid raa to taeih tiu perut Cur an ro e y Pp ]]ect hick Pproposes co use [ra nnfor utran, as defined In Serf mn 4J_'U 1 unt¢se [he , project com liza rich all of t he 2o11ermq conditio na: P iJ p Section 4400 Fa+ed Project meeu all of the requirements ap¢ctt ixd in 1 ~Zl The proaoa ad pro ec[ In Cansiatent vlth state solid wAa;¢ mansgzmenc policy as se~ forth to ecttan 40051 : :1 . t3) Tha propomed project has a d¢ttn ed nourcz oC c aste, rnc!udt m~ v.. c;c avaaable [cos zzta Rn9 ao1rC wa~ca cr uis Ear mC IE ptccoa ~::.a ~:at:o na. •4) The proposed project L guars mead, Dy co nt: act or othxr .ouitmenta, sore [h an •utflciant u lA 19 g ano ues of caste [o m.untain the projeec'a econouc Eeau bliity far [ha life of the bo d d `U n e utdebtedneaa of [he project. this yuara hiss shall not include any mate rta la rhreh wr:: be ree ycletl ure ua t t L1 p n o paragraph (5). t51 The proposed pproject, and any conrrae ea oc commitment h 3 s t e into foc the provieian of waste uses fra n[~ [ac y d li 9 u e Aa o 24 , c en n m h o r iala Erom the rash strum i % tea s sc o ho a i us 25 pr or n Eor ion [ t ma tim extQn[ feuiblm. 26 _~ (6I IE the proposed pro set la a thermal porerplanq the rM[mel porerplant ryas bash l~l l 2B ` spec ca ly included in an adopted and approved revision of the plan prepared pursuant to Cha ter 4 ( ' 9 p couanclnq rl[h b ection 405001. 3U 3~ (71 The ash or oMar raaidw queratad from tM tunsEorutlon pro lmet a routlnsly to tmd at lauf onem a month and notvith S T 73 , , scandlnq 2 4 h f t ~ ldu~t ~ s y i l 34 prea p an t, t hm a o r r , i a(It co a C a~i I rasa doom ru to Giapoul Eaclllty. 35 36 eDl Facilltiu for thm cmoovsry of uthum gas aq not subject to thin section. 38 l be main tatn~G Ln co pllanu rlMlthi ~flaa~ib/i cl ara e a ro t o o 39 e nc v G sl na E Chapter S (eouenelnq rich Smetlon 43731 0[ Paer f Di ' 4U o vision 4 of the l. avarnmmnt Coda. • -01 42 44152. No enEomuant •yconey shall loom or revlo a penlt [or a solid ruN dis pool Eae ll[t or a m lld 43 y o rastm lneina utlon Eam lily until the board has cancludmd in rrau nq chat thm r 44 45 FF oGOUd em[mit is conmistut rich thm •tah'm ^in uum •4ndards for ao1 Pd waste Eacilatlu• 4d C 4. D, S, p PArttcla 1. Denial oC Pwrm/N nn 44300. If tM mnforcaont aoancv dmnim. . '-~'- ~~" 49 .d commons of tM pOropoimd pmimlt lnap roprri die, the applleint,Yp rigout • Aurlnq. The Fiaun shall D hdaP 50 q a in accordanN with Artlmtm 4 (coati nclnq rich Section 44800) . •uaasu«au•wa•• .................•...a........« ................ LEGI TECH B~w~ TEKT RpPORS 12/U7iA9 uaam.a.a.aam ........................................ AB 939 PACE 43 i 2 44301. (aj A Mm[ln to detarmina rhethar a parsit should be issued •Mll bm LnltLbd Dr rQ.. n:i.... ,, _ ____ on 'S cxveR.d ~by chi en EOrcement agency lEuracauii uineWA~nq abac ooc laced le to, any o[ all of tM [olloringl 17 lal A viola rian of any tarty ar cond loan eon taln ed In eha ppermit, SA (D> Having obtalnmd eha pmelt by mLnp[u•ntatlon or toiling to 19 dLeloaa Cully all calm vent Dacts, ?o (tl A changm in cony eondlelon that requlru mlther a tuperary or 27 chic b[on io bring lto~nto coip4ine~ viih Lilaii riqul[e~enti ott this 24 (AY A Elndlnq that the facility poas• a aubatan vial throat to pu bllt 25 hulth or th• enVtranment. 2c 44501. A hu ring to detenlne rhatha[ a perms should be ra tyke d, '_7 suspmnde.l,, or modgEled shall.ge mrUateA by the ,[ilrnq n[ an •c~ u.[at wn 4376 OU ltl byy [he •b[arC•lan[ q•nCy. 29 0[ charges vhlch tab 7U scu or omutiona rich rhic a ]1 the ataeuNa and rpuUtlol ]2 vlalated, but shall not con 37 of rhwe statutes and raga. 734 44502. TDe aeeuutian u J6 P.rdr4o5aa511yta~^ f~: ~in~:i€ip:~ 37 Eorr en eitltd once a a 3B o[, th• pa oittee and ra tar 1g acknorledge service of the 90 under Section 44504. 41 1bJ The arc usauon Thal 42 pe rs ittae uy r•queat a he. 4J daYYS titer merv ice of the a 4q de[¢nu eonacit urea a ruv q5 permicree nos the right to 4b arc ua a[ion. 84504. Ni[hin '0 dayy! aE V' may Elle rash fha anfo rte 49 parautte may do ane er aai 50 tai Request a heanng. ins accusation enui be a vnc[en a:ate•ar.t o[eh, in ordinary and roncise language, thz the per areas 1a eh arged. Lt shall apemry vh mh the penitue ie alieyed :o have st ma re Ly aE charges phraa•d in the tang uage rlenl. all accompan yang documents ah all bt served x by re orated • i!. 4 agent ah all include rash th¢ accuaati'on a enae" r is h, when cry ned by, or on bmhalE ed to th• anEOrcaaant aCyaney, rill ~ccuaaa on and ronaucute a nonce of deE•nae also b• ax Daps need by a statement roar the my by Eil mq a no tlce of defa naa rithin 20 cusauon, [hat Euiuce eo the a notice of ' aE the nght to a hearing. and that the a pact and •apy documents rela[iva [o the .......................................................r........................ • LEC i-TECN B[LL TEXT REPORT 32/U7 /89 AB 9]g .....--..... ~"Q......rWr V~~1lY ..-PAGE-. 44 1 Ibl Obl set to the strut anon upon the ground that It does not state 2 acts or omiseiona upon rh wh the enforceatnt agency ray pro reed. J fc/ ObJact to ehe Eor• oc rha aausation on the 44round rha: It la ao 4 in d•Ein eta or une•r0 aan that rha permittea cannot idintlfy the 5 transaction or prepare his or h•r d•Eensa. 6 44505. A copy o the accuaaclon or atatrment of laauu shall be sent 7 to •M board by cM entoecaunt agency then tM aecutatlon or atateunt 9 is Clled. g 4450b. Thm permltue shall b. entltl•d to • hea rind on rha earth 1t 10 ho or aht Ellea a notlea of it epee isle dental of all art 12 Failure to [elm a notae~ of it hearing exempt the enCorc 14 4450. The notlee o[ de! 15 behalf of, tDt ppaermtttet + lb Ilrtleb 7. I `7 44800. Ail hearings raQu ie Chapter 10 rcouaneenq rte 9 hesrlnq pan al of three per+ 20 govmrnanq body nE fha info 21 altornarivui l Dr ire vrltinq algned Dy, or on stag Dla oc Dar ulllnq addrut. r condor tad under lh It eMpbr or 411001 shall W conducted by a • anted Dyy tM chalrDtraon of the local gency +Sndec altDat of tDa tolioring governtn9 body maY appoint ibtlt as tM haarlnq pan al. governing body uy appotnt an independent Mar nq an lndtpendtn[ Haring P•Ml b appoin tad, not more at Ma local gowrnanq bodyy shall aarva on tM Dearing K Ma panel shall be ulaeted Lor their legal, t teCDnleal anllltlea to sties reLt/nq io solid vas to serve iota [Dan on. un nut net sore than two conaecutlve [eras. E[ a member dwa not ooeplete ht. or her term, tM local govarnlnq Dody uy appotnt a repLeewnt to aarva out tM nulnder of tM uNxplrmd tare. Lbl Ma.nan of tM hurin4 Penal uy recelw par dies and n•euury exp•nue rhlla conducelnq tM hurlnq. 44802. SAa+"Ognal ahdl conduct Mm Aearlnq dmNralne the taco, and lu ua • decL on rhleh rha ll Oe Dmdlnq on the parhea unless appwlW at qb --t1) Obtun the neat and add~euee of vltnuau to rha axone known 47 to eh• o[h•r arty, lncludlnq, Dut not l/mlted to, thoee In tended to be 4B called to tu~lEy at [fie hearing. 4g t..i Inaptet and aka • copy of anY ralavan[ doeur•nta In tM 50 pouuaaon ar custody or under tN Control oC ehe other party, Includlnq ••LEGI~TECX BILL~TEXT REPORT 32 /C7/B9 ~ .... .t........ta........•.........•.~ ................................ ........... A9 a7q PACE 45 ~~t ~~ata[erenra wade by any--. person Petra ninq to [De aubJaot caster of r!';.. "'1 pn.~reedrny, all rntinga pnrrainlnq en the sut)ert matter ^E the '>~,. + pro,: e. a*dln q, a+.4 :nve: uyati vn r+p w.+a made by or ?n rah:Lr ._, ... a. ~~ • r ~_ 3 76 t~P a o[ b[har-patty partaintn'q to eha suD7ece cotter of the proeeedmq. 5 tbl Ho[hlnq In [hL seenon authorizes the mapectaon cr copy rnq of a 4 4ny rrtunq of thing rharh Itl pC1V1La92d E[Va dUCloaure by LY or 7 oth<rrisa uda emEldanbul or protected as an attorney's work product. • B v 94804. Any party clalsinq has or her request for discovery puu aerie co Section 44809 his no[ barn coeplaed rah uy •er ve and Eale a vantaed 10 11 petition [o coapal di••covery m the superior •ourt Eor the count in polo, na as sponden[ th rt r~Eual g wht h the haaran rill b. 17 , or €ailinq !o eor~rly wail Y.ieeion 5~~83. '~~ia p€ticioF sTi~3 by ssrvetr d ~ 1 ent [first upon the ro on ant an t ed xtchln 15 davs a cec t e ropon 44807 l h 8 u 4 5 eeuon . sed eo eoap y w¢ Eailad or ref 44805. IE, E[oe a reading of th? pan cton tJr dieruve[y Cha cuurt ld le. saUSf isd Mat the petition seta forth good caaae Eo[ relief, [he count ' shall iseua an order to show cauea dlr¢c red co the reepondant; ocherwld?, :d ch? .:outt shall enter an order denytnq the pennon. The o[d¢[ [J ahoy ' cauea aha1L De, nerved upon the reaponden[ and h:d or her etcJ[nay of .'.U rp.CJ[d la Iha adalnlat[at1V¢ prOC¢¢dlnq Dy P0C90naL aaCV1CP. Or r?q13 C?rP/I ... andtl and shall be returnable nOt ldt¢[ Chan .V dayd trOa iCa 1380 an C?. Tn? :?3pJnd?nC pd(ty m1y iaCV¢ dnd C11a 3 VCICCP.n ]na VaC t0 ChN pay"lrl^[~ _ sad )t des[ n, a{,uY Ca1Id2. 14 448UC. The administrativ¢ proceedmga aha11 be stayed during the [S pendency of the 0roceellnq becore the super wr -ourt on the p¢tin a. E.. 26 discovery only if the count taauea an urde[ to show caaae. '7 4480]. The tout[ eha11 dertde the taauea on cha petition Eor diacuv?ry 28 on the matters exauned by the court to caeca, the papers Elled Dy the 29 patios, and any oral erguawnt and additional evidence that Me v^ourt 7U alloYe. 31 44800. The court shall, not later than 30 dayd aECer the Eillnq of the 32 2cation Eor discoveryv Ella lb orde[ denyinga or grantmV Me et mion. forth gM utters the writi ae[ti i~ l: b h h ' 33 34 ng s an nq e cou[ s a he o[dar et t 1 patitlonar L entitled to dlacovar. A copy of th< order eha11 De ailed 35 lusdlatal by tn. clerk tc the pareses. 36 44809. The ardor at cM auperto[ eourc on a petition Eor d~scovary la 37 Emal and net subject to rev uw by appal. Horev<r, a patty a99r isv<d Dy 3B the supanoc court's order gay r thin 15 days aEbr the urvlca of Ma 19 order, foie In eM appropriate eourc of +DDut and servo • petition !or a 40 writ of unduua to corpel the auparlor court to oat aside or otMrwlse 41 sodlty lu order. 42 94810. (al galore the haring has couenead, eha heartnq panel aha11 47 isaua auDpoenu and subpoena Aucea taco. at the ra4ut~at o any patty Eor h l 44 nq. e+r at tondanea DE rttnqua or Gmductlon oL doeuaanb a t • 45 Coaplrance with Section 1985 of the Code of Clvll Droosdu[< shall De a 46 condanon prseadot to cha ueuanca oL a suDpoma duress tecua. 47 (b) TM subpoena p[oeoa shall Da ezbndad to all Dub o[ CM a<ate 48 and 1988 of the Code and snail be served m aecocdanca with Sections L98 49 : uE Clval Procedure. No eixnua shall ba aDllgad to attend at a place out • SU of the county in rhlch M or eha ruldas~ unLas trio dietaries is 1¢ae • L ••• 12/07/89 E P O T EG bTECN BILL TE%T R R •• a a ~ ~ ~~ • •• ••••••••••• __ __„ ~..,.__ _.. _.... ( ~ / a ~ ~•r {r~~a ~t ~tf rrrO •~ 11A ~V ..-. - 4F ... r l 1.1 tr DAC.r _ _ . ' than 150 sale Lror hla er her place of roadence. Howver, the hu(tn9 2 panel, upon aElldarlt o[ any D+rcy ehorlnq that the bstbony of that 3 wunua b rWr1s1 and naceuary uy endoru on CM subpoena an order 4 rs uarln tM aKaridsnu et Mat tiuneu. r than the t b th ~ Y 5 o su poena, o e l r1tR~aao appearing puuuant cl A 6 putlq or o@-pu or .rployau of tM anforcaunt agency shall receive e 7 e c t th< Eno and all1 rttna N poling unuant to subpoen+, ex ~he aau asount and under ~M sass I Tv sllp t h tl 9 a u9e, n pan o, e s raoa ctrcuutaneu ay rwcriDad by law Ear wunuus an civil actlona L) a 10 auparlor cour5. yN~ end_alleage shall Oe pad by tM party a[ whose or nor orn or 25 which elgnf aka lsp[opar eha adalaalon o[ that evidence over ob)ecnon 26 !n cavil actlona. 27 (D1 Huruy evidence uy ba used eolsly for the Curpoa of 28 su pCpluantinq or axpla/nlnC otMr evidence, but aMfl not Da suEtlment 29 !n ltult to support a L1ndPnq unlau It would ba adeUalDla over 70 ob iiaetlon an a vll actlona. 71 icl Tha rule et privilege snail ha attaebd to the otant that Che • 32 era otherxlae required byy •tatuce co ba taco nlRad at cne nearing, an~ 33 rrrelevant and unduly raPeeletoua evldenw aRall Da excluded. 34 44813. ul in reacNnq a detislon of Elcaal notice nay Da taken, 75 pr roc to puDalufon of the case tot demnon, op any generally a.:eepced, . 3?b ~A a ao iedhnlea. or stain:ac.< utWr prrCaananq r0 salsa ru ee man q vas n:, ..,e 37 uE any teat ahach uy De Judlclally nu [aced by the tooth of th as at atz. 36 (b) DutaN pruent at chv hearing shall De inEOnad of tna utters 39 to b1 offlclally nmtlcad, and Choaa urns shall ba naCed !n the re<urd. 40 On nquaa t, any puty shall pe gaven a reaaonahle oDPortun itY to reEUte . 41 eha of iclaliy not[<ad raCtera by evadvnce or Dy wntun or oral 42 prsssntation of authorlt•.•. 43 44814. 4) M1pAin.3p lava afeer the case a au nlttzd Ear decision, 44 ens haarine an• 1 ah all issue acs degiu on. Zghe ~eeision .hall be in 45 rrltt nq and Yhall contain [in din qs of Eac t, a •]e n rman scion of rn¢ ass ues 46 presented and tM penalty, aE any. 47 (bl Copies of the dec wion shall be se ne co all pactiae and to the 4g board. `3 44815. The dacfu on shall becose eEteceiva JU days aEt ¢r lc a as aleA or personally served upon the pe raitcee unlvae [he parmattee Ealm an LE G1-TECH BILL C?N7 REPORT I2/Oi/d9 ................................................................................ u~ p appeal Cu chs board oC a dacaaion Dy a hearlnq pan et app olnted by the local qo veto inq Dodyy of the enEorouant agent y. IL an appeal N chs 3 Doard as Elled, the decaalon of [he hearlnq pans! 1a stayed pan ding 4 de[e oin ataon by the Doard. 5 4481 ti. ta) if the permitcee Ealla to Eale a noca.e of de Eense or [o vu unq ine[uotn out not aucep w, cne peoic appu cacaon. tb) ~L Ue bur in of proof as on CM panitba ca as tab lash ch ac he or ehe as entitled to Che ae4on of [ha uforcaeane agency sought, the heannvpanel uy ao[ n[hpuc taking Eur[her evidence. ml rvothanq In thu aruoly dvprtvrs the pvnattee of ene right to aka any enowtnq by ray of ut[,aaclon. 44817 A person rho.a pfreat as Dvan rovoked or susppended say oetinon the enforcasent adanev for rednatrneanc or reAUeraon of pen. a or proeeulnVV auuon or a eupoua arts, or pocn, m vaounon or a olad waaee Eacllitbs perei[, or rho is oyes tang or proposes to operate any aolad ras ee taclll[y rlthou[ • ao11d run [acilat br paru c, or Mho pYpa a die posrl alts and cauNa or pan its CAI operator of Che dleppoaal stn to vwlan chs ana and condiclona of a aalid wash Eacill[LS persit or Co opaub tM d/spool alb rlthou[ a sold mare fac111tLs parel C. atoll, upon order of [hv anlorceunt agency, ce aaa and duLr env leorooar action. elan up env solid ru [a. aban the efCaas o[ the clreuuttnees sit forth Ln Section 45000 posy an to 1lG or health, [M board may expend any av aala b:a t any cbanup and aDKUant or reeedLl cork rrq aired. the elrcuutencu ut EorM in Sec[lon 45000 do not an P n s a 0 4500b Notrlths[andanq any otMr provlalona of law, the b•.~erd .n rt 10 sorer anto oral or written conttacCa tot cleanup anA abatwnant w~~r4 - il ramedial•worY. purau an! to Saccion 45001 or 45004, and [ha contr ,: •,~, 43 4500 J. Altar racvivtnq a requuc pursuant to suDdivia loo to ), the 44 board a hold • hurlnQ puu writ tp ArU Cla 7 lcoHenclnq rtth action 45 448001 oC CDaptar 4 0l Fart 4 on [ha utb[ and tneruCtar deny, grant, 46 or ~unt ih parr eha requu t. 47 5004. f! os[d grants • ngwat submitted under Secelon 45r,:)~, 4g the board shall, an • written Qsci+aon, spacaEy tM naCUre oC actions 4q that say be ukan and Cha max a ur count o[ ao M ys to be expended for •hc SU rotk. •.•••••s«•u••u•r••••...r..•••...•••••..••.•.••..•,.•.a•u •. •..u u.,....... .. • LEOI-TECN BILL TEXT REPORT /2/07/89 . AB 939 PACE 40 45005, w Any work FFerEOned puuuane to Sacuon 45001 or 45004 is :n default of, oc /n addluon to, nudtal work by the operator or other persona, and Ma work say by pertorNd ngardlua of rhdher inlunetivz 4 nlle( is being sought. 5 tDl TM Doard uy parfon CM work LbQE, oc have the work performed 6 by, or in coopeution wtth, anyy other governeanul agency or private 7 contractor, and may ua rsn bC tools oc aquipaen t, either rite ur waY. ;~.~ B o ento[s fur i h d 3 76 .1°-r~ ld rnwtM[ r[l elan or oral, ray Lnv-r udw p[ovca:ons car ey oip moot r¢nri. 13 or ehm Eurnlahtnq of labor and maraelaL nee taaary co a.:c nmpirah the 14 cork. Thoq eonrravtd by eha board are axupt eras ayprou ai by !h< 1s Dmpa[trmnt oC Clnwral Se[vicea pure uen[ to Sec to on 34780 of the a 16 Gove[nment Coda. 17 44007. tat If the aolld coats to •leaned up, th¢ effects th area[ ~ 18 1199 abated, or ouCaMr nmeuury reredia l acti n to taken D any oven rant al enc arm on t n 45001 or 45014, ny er to vRom a rder so~i t . 20 i q ~, g h 8rs uXn~ eo b 008 ras asauea to table eg t a ovarnren a Sictl P 7.1 agpency to rhm exbnt of eM reasonable costs actual:y irc u[[ed in 22 23 else ntnu up CM opmratlon, abating the eCEecea tnerea f, or taktnq other dl I t 24 rerl a ac ion. tbl Thr uounr Of those coats :a :ecovera bie to a r. vrl as eon Dy, 25 and shall Da pod co, Chat govern rental agency togach ar rtth the casts of Ce aulc incurred. Froe any avaLLable money, the 99ove[nmenCal agency ahal: re tm bores the board tO eha extent of the board's eonen button. `tI Artlcla .'. Cwtl Pan e:tles `9 45`00. Any pare on rho operates a solid ra9td faculty eucept as JU permu[e0 by a aolld coats faculty perms t, or rho acne dlapcaal arts ^ 31 eratur of the and to ten[aon ally or negltgen fly causes or peraata eha op 3: di3poaal a:ca to vtula[e me terms and condl[tona of . aOlad uaate 33 'actL Uwe perue ur to Ope[a:a [ha die puaal ante ruhOU[ a aoitd rash 'i Eactllet¢a permit, or rho tntenraonatty or nrgllgently vlo:atda an -5 utandaed adopted by the board car the storage or removal Of soled veata3, 36 to auD]ecC to a civil penally noC [o exCaed ern [h ouaand dollars J7 to 30,000> Eor mseD day eha vtolaeion Or operacian xcure. 38 45201. Any attorney authoritmd [o act on behalf of the board shall 39 peclCtun the superior court t0 Lm eas e, daaua, and reeovdt the •ivil b 40 ¢ paid to enaitien autho[ized by Sacuon 91130. Funds collected shall 41 ~he Solid Haste Managerant Fund. 42 45_02. Reaediea under [hie art a le era in addition to, and do not 9] aupeCaede or Ilm1[, any OChir reradlda, dull Or ¢ririn a:. 44 Arriels 3. Hazard, Pollu[ion, or Nwaancea 45 45300. tat Xhenever cM entoremsant agmncy flnda that any person /a 46 open ring a child corm fac311tyy oe propoab to operate a solid rub di i f h z d 47 on o ar , t a fa ~illty rhlch causes or [h re arena [o teams a con 9B pollution, or nuts one! conatltu ring an mrmrgancy [equar3ny tuedta tm 49 aq clan to prntaot the public hole rdtarm, or eatery, the entoresaent 50 agency may lea u! a cmaae and dma1lC or cUanup order under this a[tlcle. ••• u.••..•...•••.•.•..•••.. ••••....•..•.••.•..•.•..• . • • ••. . ...............` • • LF01-TECN RiL' TEXT REPORT i?/07/X9 •••.•.•••u •••••a.•. ~..••..••••..••....... • . . • .. .. .•... .•r.•. •••••u..•. o •• . • • ................................... „~- _.r _... ........ V._.....-..~ Ae 939 M„ra~ _QliBIIt PACE 49 1 It eha enEOre Gent agmncy Calla to Lau! an order Che DOar d, eEeet 2 notlftcauon of rhm enforeeunt agency may do so. 3 (Dl TM ~nforwaen[ aglrner say, rhainmver it dereuines that the eta ln to teuaa a l o[ [hr • 4 e q operation o • die pool I C. r caua nq n 5 condition of hata[d, pollution, or nuLanem dw tO the ea carton otr erator of ha [ OM ocher or O r Wr llld 6 7 p . ru m, fVV m uthanm qaa or any e dUpoul alb to to km eac[eCClre action a necusa[y t0 abate a nuL ante e or p[onet Duran Malth and the mnvlconment. - q 15301, AC Luc 30 dayl Ddore Leuanq an lntnrnar.nt :'d.: .Llv ii to 1U not Cor an earn.^^~ ~ .~ r uryr errs[ Leulnq an lntorcerent order ~ rithln 15 days after dLCOwrMq • alolatlon of a iur an aasrgenop, of i2 etas! tar, rsgelsCion, of sere or condttlon of • perslq Eo[ a solid 13 rub dUpossl alts rhleh L 1lkNy [o caul[ in an enforcement aeeton, 14 the [ollOdnq sgenalu shall p[ov3dm • rrf teen ltataylent providing an E dd 15 O[CMent u[ e[ a[ exp lanetlOn OL. and ~Ye [1LLca CIOn Enq eha rn 16 a duerl etas e[ [M violet/on In Chm Eollorinq snort: 17 (al TPta MCO[aMnt •aMCy shall prOVidm Ch! Ita[eeRn[ [n Chi t l di t t l ll i tE 19 or a rmgtonal rater board to tM ur po ution con ro s r c [ and to the Stau De artunt oC Health ualit Nna eNnt ~let[lC[ 2U y , p g gSmrvlces. 1 (b> A agional ra br board mhall pre vidr the sruiauc co the 2_ entorculnt agency, CM d[ pollution Oontrol die[rlet or air quaLty 23 unaam~~t dLtrtcq and the Sub OlDar bent of Neal[h Ser vlcea. 24 (cf An dr pollution control dbtnct or an air quality ranegeun[ 25 dL [rise shall-plRVide Me atattunt to tAs entorcosnt aaaan~yy the 2D rsglo sal ra br Doard, and [he Stab DepparbenC o[ Hu lth Serv li en. 27 (d] TDe Stab OmDDaRSmnt oC Hulth Servlcel shall provide rhm 2B atabun[ to the mnCOrculnt agmncy, the regional rater board, and tM '9 err pollution control dLtrlct or al[ quatl[y sanagmont dutrict. ~0 . rl[hln 30 days a3 ter bcew mq a harts! of [h! iaauance oE, or e 5302 th e n~301, l r ir ho r inti enc at tl t P n o nt i to t 12 33 rhm orc g he u i maPo i at i d~ [hs i e y i p • i di d tM St b l d t t l h onero atnct, an ber c or [ a a e qua etp menagasint a 14 DaparCeent of Hiaich Sarvleu obeli lnmpmct tM solid ru ti dLppoeal rite 76 [o Omtanfn! rMChar an state la r, npuLtlon, or brr cr condlklon oC a t l oeem, a being a hlch that board ar agmncy ie authorized to en ~a;1ie 77 . 33 39 45303. If any board or •aency sGlc/CLd in Sec [ion 11151 reesivea a l t it d i ld d M d l or agamty comp a n concerninc a mo ras C• isposa m e an t Doar 40 datmnmu that Lt L not authorlud to ra k! aetfon concernlnq Chs U wsplalnq rhm board oc aalney ahal{ ceEec tM eompl aloe rleDtn 30 da ya d l - 42 receipt to another eta s agency rhlch it debts sae to autDorizm to a 47 cake aotlon. , - t ~ 3 ~b SS YY 1D.,W. lc anY aaaencY or Duaca apect[NU 'n sav`[1en 40.f11 re<C C':6e 4S cosplaint conoernlnq . soled waau daa poaal alto wh vch eha agency ur 46 Dosed does not rater to anorhar stau agency pure usnt cc Seetacn iS IJ ], 47 or iC the agano9 or beard receavea a cosplamt reterratl to it Dy anochec 48 agency or boarA purauane to Secclon 45303, the aganey or Doard aha 11 49 either take en[oreessnt +eclon concern mq that Eacalaty or, vac htn 10 ••• SO da~al provide tM perain who Hied tM oavD>:not with i wrttNO atatesent ..... .......aa• ••••...~.• ..•• . .. .. .. ..... . LEGI-TECH BILL TBXT REPORT •••••• •• ••••• •••• •••12/07/B9 •••••••• AB 939 ...............••-. ~AIw~1-f]~~~- I -... -..PAGE 50 ........................... iMMa~CEE ~r''4VFN/fF a~~r" .___..... ....._.... i explaining why an enfoccaaent aetaon wou n0[ be approprla0e. Arete le 2 4. Corrective Actions 3 45400. Upon the raqubt oC cha enLo rc went agency or upon tts awn i mitiatlva, the board sayy, after nOt if aca[1on Of tM enEorc eoent agency, 5 enforce this di vas to n. In takingy an action, the board a vests d, to 6 addition to its other powers, wath all the powers of the enEO[eaae nt 7 agency under this dlv is son. 3 45SJt. .ai UDUn the request of the enEorc went syeney, cr ~;pon V uwr. anatlardwe, the boutl say, after nouEica[ion tit the enEorcesant y it either of e~ti to LLOrlnq~er or operator of n sold waste la rd ELLL M 'lc 1. ell Taka eorree taw aefien as necaury to abate a nula anc¢ or 13 protect husan health and the envuonsent. 14 (2) Prepare and ivpievent a closure plan and peatelas tics salntenance OYn ur (bl yy an ordac under this aubdlvlalon. iCOrcuent agency or a ragiunal CM board vay, after tgency, ca neract for the pntaelon of any closure lan er Y Artlele 3 leoosnclnq weM ~I[r[ las uanee of an ordac puraw n[ orner or operator to coup y an or able eo 1t Eros the SWfd Neste ccount m the Soled Xaste is i,~neiii ;n; 'oz 0, a reasonable asount nt . •1 to or, .u •••u tie uses u• r o ~..., ••LEGI ~TECX BTLL TBXT RBPORS AB 939 .......r .................................. 72/07/89 PACE 51 i pursuant co Section 14700 of the u 2 45406. Noshing In thu dlvia ion J wattc board oc a rsaalonal water boy 9 co[reC[lye aCClOOI On solid t 5 45407. Any cocnetive action tai 6 incorporate, as • cond ltlon of Ms 7 raaautuunu luued DY Me accts v 8 afld afldll be von/le tins Nith ill al 9 adopted puuwDD nc eo Ssetlon 13370 SY 1or ralbi qa [!ty control ~laopt d 12 Ssetlon 131401 of Chapter 1 of a1v 1] the tine of she action or nproppopd 14 Article 5 Adelnll tratlve 11pp.,u.n 15 45500.~Nlehln 30 days o t 16 pan sl under Chapter 7 (coegncln 7 (couanclnaa rlth Sactlon 441001 61 iB ap pul to the board to nvter eh• .9 The beard say, on eta urn sotlun, eM state orders or take ~in [Ai Sold Yiiie r osnec and operator to cosply Gros shy Solid Masts • at in the Solid 4aste la at any .37~Tl i by a hearing Chapter 4 ; pperson icy nu.inq F: ~^:, tten ler..i.n 20 ot~tFi hi,ranq Panml. 2} 45501. Ylehln 30 Jaya after an appeal has been filed w[[h the boar'. •. [ha Dosrd uy do any ct the folio rln g: 23 tai Ds[![sinm not to hear she appal of Che appella nr Ea ila to raa,e 24 tubstan tfal lam ws. • ^S tb> Dacenlns net [o hear the appeal if tM appellant Exiled to 26 particapace in the adunL tr stave hearing before the hearin oan el, 7 ex • t the he boa mh 11 hex ch a sal at the a pe llan4 bhowa goad ~e ancd 8a<Y,a~f. atY,.~fmrfix, qr 6.r tax?Er. to acDnn.aaF 29 (c) Dab nine to acesuut cha aDp sal and to d£Cidm the mattmr oath out a JO heating on the basis of Ehe recorS beEare [ha hear mq panel and on 31 vnetan anlumuce submatted by cha partaea. 32 (dl Oecerrane to accept the appeal and hold a hewn nq, within 60 33 days, anises all partaea atlp ul+te to extendany Che hearing date. 34 45502. ial IE [he board der lanes to hear Che + peal it ah all no[afYy 35 a!1 aartaet, and the damaaon of the heanny panel ahafl heroes seCe crave 3h 3G :lay, after the data vE cne board's no[aEaeataon to the partaea unlaas 3l 3udu ul revaar as sough[. F^, 3Y (b/ 1f the board ac.epts the appoal, the evadence before tree ' ah ,!; covq)~r ,. v.~ r'^~..:d befcre the `ea[:n99 panel vid anfy• ~_tf;er ~:i relevant evidence that h, an the ]udqunt of the boerd, ahoul0 ba 43 con tadered to of teccua[a and arploent [M poll<fat of tMa divas ie n. 42 45503. to nvUnnq any aecauun of a hurlny panel, the board's 43 rovaor ,hall be luibd to [nose etaup that rape ce to the enforcement of G aY panel ra, tncons uttn4 tree hvaN say Oo any oc tree Couorine: 49 ta) Direct that the appmpnate acuon Do taken by tna engoreaunt 50 agency. • LEGI^TECN BILL TEXT REPORT 13/07/89 •.........•.•.•.••...•..........•.•.a••..••a•••a•.......••.•.••..••..•.....••... ................................ yt~L.L' 7rI.. AR 939 ......................................it...... r~ MuW'1~f __.._ PAOE_. 52 1 ID) RefaC the attar to any otMC ^tate agency having 3urlsdlcrlo n. tee Takm Me apyyroprlab ac Clore Ltsalt. 3 (d1 Any ooebinatlon of the above. 4 45505. AnY attorney auchoriasd to act on hehalt of Che board, at [he 5 bo ard'a rmqubb mall petition the aupe [lot ro act for ln]uneClve ti re 11aE to an aru A[Cic la 1 (corbncinq rlth Sectlon 44001) of Chapter J 7 of part 4 ac Ar tie la I (coreenelnq rIM Section 450001 or Ar[lcle 9 e nooencinq rith Seetlon 45J001 oL this chapteq any arm or eondluor. In 9 any ao lid rub faella ties penit, or any standard adopted by cha board :0 for the etoragl of solid rate or for the opeotlon of collet cion and posy tall, to enforce Che provision, term, sd In Sectlon 45505, tM Ate orney Genera: card, pmtltaon the •uperlor cau[c for ~yuu uon, eequtn the apF roprtab lading notaea to [M perrl[cea, tc be taking utlon against any person under the Doard Gor reeler a provided in th)s [non Eros Efilnq an action In the aupen o[ an enforClgnt age my brought under eh is a c uenr agrneY may auhrlt the dlugnNent to the heard Eor ion. 1. Upl1TtM aqua[ of the utorcout agency or upon eta oxn ,w, the Doard ay attl[ nocltldatlon of the sntorNrln[ agency, i fhb dLVlslon. In Caklnq any action under chL sec clan, the • vend, In addition to ab other porsrs, rith all of rM porart entorosunc aqucy under th la division. rtlcls 7• Raparta to turn 0. (al On•or Deform January 1 1991, the ante rater board shall a report o th4 Laglsiarure. 'FM reppot[ shall .atones the of haau doom run In ,olid wub dlsDoul ,ices and the pa to nt bl room Aa,ardous, tutu uy have uoon [he quality of rarer. of • ncedlp a nr a a r pare rnacn nave pbn IYDrl[Lea gY[!n9 tom oo yur to n lanai wa ur Doardr pursuant to Ssetion 13'.73 of eha abr COdm, and sD,lI valuate the accuracy of the aolld waste water uallty tuurunt tub Conducted. C 2. J R 45500. githin 30 days after aetvlce at t copy o[ a deelslon and order uwd b chm boerd under Artlcla 5 (touanclnq w1M Section 455 di! nE haptar ~, any x99. +aved patty ray Gla nch•the supanar•ro act a 3 76 (~ U ,,, • LcGl-'i lCH e1L4 ltal xz Whl .. ~. ~ nr AB 939 ...........................~~ ~r ~`Va~1t7 ._._.__.- PAG £.. 53 a ......... ......... ..... I pr tl [tors fppt • rrtt of s+ndate Eor ceview ehereo E. . Z 45801. IM evadanu bacon the Dort shall cnnsast of the recocda 3 before t1h,• board, mcludinnuu the an ~orcemant aaarse a record a, anC any 4 orMr rely want svidanw rtftch, m the adgmenf of ~he ou rt, aho old be 5 considered to Ktee[~ats and ampleean~ Cher potacles of thaa davisaon. ti 45802. Exaept ere othstrlse pprovided in Chas ~haptaq subdavia vane ia~ ' and cU uE 3ectlon 1094.5 of the Lode at lava ?ro•_aaure gova rn d proceed mya pure uan[ to Chas artta le. 9 PART n. SOLID aAST£ DIS PUSAL SITE CLEANUP i0 A.YD NAZNT£NANCEC 1. G P DArtlcla 1. Short Tile and Fan din qqa ' 46040. Thas art shall ha known and sav be cited as rha Solid agate 1.~'. Das Fpes al Sate H+zerd Redue raon Aet of 1989. it 46001. ul The Legaalature Emds and declares as Eollc we: :4 ~U The [e are approxuacely 1,300 closed •na actave •olad waste 13 :andEllL In CallEOrn u. ._ i21 Ra. am studaes have indicacaA chat lher~ any ba Ev:~.: ~: '.. ,. :: .: • and JJas alyr anon problus at CaLtornla aolld wawa tars dfv!la.~ id ;3) A era to solid ua ate cleanupp and roan eenan<e Eu nd should be 19 financed [nreugh fNa collected fror solid race landfill aperatora. In 20 additron to pro vldlnq rpourcu to respond to po tentaal health and ''1 en vl[onemral probleee at omits and oEESan solid waste land Ealla, the 22 Eu nd should be used to support stab and local landfall pereit 23 anforcuenr programs and to provide grants to local agenctea to in ittate 24 and lmolemsnt wars eroautlon proa[au to orevent the dieoosal of ' 48020. UnLsN tM context otherwua requlcea, [hs deEln Scions In thla article govern ilia eomtructlon of ML eM~pnr. 46021. Account" Nrne the Solid Yu to plapoaal Slq Cleanup and Main bnance Account !n tM Solid Yub Msmgsmsnc Fund. 46022. Cloaura plan' mum • ptars pre and by tM ormr or operator of a solid rub /aneeCill to alora TM landp[lll /n wcordance alth permit c on ditao ne and atandrtda as qY Da nqui[ad DY a rrgional wabr board, an enforouent agency, +nd cM board. 46023. "Crnuttb" Nana Ohs Seltd Mu [e Cleanup and Advlaory couitcea. 46024. "CO[nebve acclen" Nana any action, nyul od or apps ved by !ha board, a ngqtonal water board, o[ rn a1r yuallty unayerent daa trlct or ale po11ut1on eont[ol db erlet, to abets a nulunes or • prevent the migration of NMam gam or contuloered graunC oc aurEace rater a necueary to p[o[aat noun hu lth and rM an vlronment. 46025. ImrC xub mum • nonllguld agate ancludlnq, Du[ not flu cad to, soli and concrete, that dws not conutn haza[doue wae[e or soluble poll utan cr err concenru dons In s%ceas oL water qualm oDlec cl vas es bblLhed Dy are tonal waCfC Daard pursuant r.. nt.._~_.;, teooanclno wath Sutlnn to^^ Q c...,w ..wr ebae and does nor coneatn ....................raga....saga......era...r..a................................. • LEOI-TECH BILL SRI[T RRpOR! 12/07/39 ...... .ggaga s~.aaggsassaaag.aerg..a..a...a ................................ ...............................___._..__...__._......._.__._...._...__...._. .- 54 AB 939 PAGE ' 46026. `RoatolNUrs plan" uana a pLn prepaud by rM owner or 2 opera cot of • gelid sub landfill to uantaln the la n.l Ell1 Ear a[ least unuan[ [o S Cion 2573 and 2541 oL TUIs 23 oL [M California Coda of ~a9quLtlone.~Soll~ grab Lndfill" dose nor include a faetliry which nasivu only umtu gsmratsd by ilia landtlll oanar or oiler star !n rha axtuctton, bsnstlc as [tors, or ptocuelnq of ana and sinsra Pi oc s taclllty which nc~lvu on1Y nonmsardoua wood waat• derived Erpm ttmDar produc ton or goo product ma nufartu ring 46023. 'State board" rum tM Sute Berard of fyualltanon. Artlcl• 3. TM Solid Yob Cleanup and Munten arses AdVlaary CormlCtea 46100 TM Coemlttee La M[m by seta bile lied etc hlu [he boars. 4610 i. iel Ilia .arrlttee as composed a[ seven members, ere folleaa: lL Ths 3tats Dlnctor of HuLEh Servlcea, or a dealgnee aC the d uecto r. (21 Tha Chalrpetson of thr Serb Ma br Ruoufcas Control Board, nr a ere slgqnN of rha CDalrpa [aOA. f37 TM Chs![psrson oL tM Scan Alr Ruources Board, or a du nynae - ot Ma cha~rppr~on. (41 Ths chalrpsraon o[ th• Doard, or a dea~0yme of the ehairpe raon. i51 A umber eppmncsd by ilia Senate Caulttee on kulea. t61 A Nmber appoin bd by the 'a peak er of she Aasambly. .~~ A aembsD aho anall be • county healU ofR '<r, apeoint..d by •ho i , 3 ~~ v ~ em uovarnor. '9 46101. TM SecraGry of Envaro mental AEEa a:a anal! serve, ex iftu:_, 30 a ehai[paraan of the roar u[ae. ]1 46103. Ths couu[ee ah all aubmu an annual report to r.,hr ;.agia'a tit= a 32 In 1990 1991, and 1992 an all cE the Eo llowin 90 33 tl) ~'hf status of rrqula eery acuvines by state agencies r¢latany 34 closure and poatcloau[m maintenance of solid vasce Eac ale ties. 5 (D1 The o ru on eoorean sting Ihea activ iti s as n the state ~i aC mneiea wi pm err au 1~or t Duet gos ure an~ poa~eQoaure 3~ malntuanci ~Of ,SYfa wa~ita €aeitiriwa. 38 46104. All uaDan of the •omaattea shall carve without cosp¢ns stir n, 39 a%cept the sesbars appointed pursuant co su Ddiv siona tai, tEt, and ty, 40 of Sec [ton 46101, ace entailed to receive Cror the seer un[ one hundred 41 dollars s10:-1 Eor each day attending musings of the committee and 4_ net esaary era ve hnq and other expenaee ine urrad by him or her an the 41 pa rfarranee of ofEacaal duti¢a. 44 46105. The rommfeNe eh ali seat at th oar timee and pl acee rhich are 46 data rmined by the board. F: ve membeca of the committee 4b cone astute a quorum. 4' ie1Uti. No member of the couottee shall participate in any bo p[d t:r 4a •,ommittea action inv olvany a gcant or loan guars nice was tch inv.^.ves the i! member x any ram pie nc oe a grant or loan guarantee nth vnach the Su aem bar :a :.>n netted as a duet to c, utE:roq o[ employee, or in vhlch ;na ~~EG~~TE~H R14L~TEXT REPORT. ••••••••••••~~•••••••••••••••• ••••••• ••••• AB 939 rVf7f Q(+'af j FACS 55 member ocherx iae has a financial an retest within the sea n:ny cC Secrlun ^ B710U of Me Covarn sent Code. l 46107. TM commit NS shall aatabL ah derailed caste ria Enr selec anq 4 gran[ recfplencs and Eor making lean 9uaran naa pun wnt to this ehapte[ S and shall make recouen da [arm to the board [herson. b c a. n r n a. cat sissies on or a[Nr Januar 1, 1990 'pursuant to a soliC v~sFi 13 fat al uiu patter uaued oy tX~ boarb. 14 46202. a board uy enter into aoneraeb rhich [ha be and deems ' S neceu ary w vrry out its posers and dutlu pureuanl to this part. 16 46_03. The board uy peovlda quota, ppursuant to ChapNr S 0.-ouencinq 1~ with Section 4ti4U01, to cou ntier and cules for local proquea to help 18 Fre vent the daaposal oC hazardous tutu at solid vista daaposal sites, • 19 lncludin but not Ibiud to, proaauu to manays house Old Rarard ous ZO waste. 'ly~ieae cants shall not axLUd, in any ~.ns [lac al yea c, rote ch an 21 ^0 percent of ~hs toed ravrnuu drposttad, or antes pared to bs 22 deposited Ln the account ducinq the tLCal year. 23 4[x204. 'fhe Hoard may tix rauonabla [mss and charges fur la an 24 quarantess and revLe, fcoe rims to-rise, these Cmu and ch arges. ] sc2ne m -x .:uy. ~a„eau iva seaeccanV 9ra nc reciplanrs '_6 anA Cor m~klnq login quaranteer pursuant to shit pace. '7 46206. All ax nos incurred by -h¢ board in vrryan99 out this part 2B are paysDle solely trot the account. No liaDllleyy or obllqulon fs o impoasd upon tM ruts puuunt to to it part, ease tM board shall not 3U incur a llablllty or obllgatton beyond the extent [n which so nay fs J1 provided In Me aomount. 32 96207. Oh oc De[oq March 1, the board shall subait to •he Le gas latur¢ 31 in ~ nnual cepo[t oC fb acnvuias £oc the puceding slander yea[. 34 46208. TEa_Domrd shall adopt requL[wns to cacrv out chv Darr. or anY +ucal or state agency any puvar to may Dm wthorizad undder any of er 1. Loan Cuaranus Raquueunts _quaranuu to th+ runes and ops tarot o5 or pals made ov aurnou zaa co make loans or proulda other Lo: i~ ot-['na~ci~l ai~i~4nca .• .... .......... ............ . .... .. .... ...... • LECI-TECH RILL TEXT REPORT 12/07/89 .... ...•.a.....a.......•.•.•..a•...• ..................•.•••....... .., AB 939 ................................................... -- ..-.-. _-._ .... .................. .. . _ PACE 56 1 for the purpose deacrlDN 1n 3ee[ion 46300 including but net Lait ad ® to, the palltornia'POllutlon Control Fananclnq Authonty, 3 46102. Ths board shall nut uks a lgan guarantor pursuant •n th:: 3 ~~ '„~ liJ 5 Tne ooarb'CLede ooth n[ cne ruuowin q: orne[ or the operaco[ oC a soled waste landCa/ req ulreu Canoe [o COaplece ! Cbrrecrlne 3Ctln n. enon 111600/ ot-Chapter 2 of • ::terra (or quaracteelnq loans rll Include + teat Ear repay, and collateral aeeept +s soils [seal any land guarantee to a eolfd mete onetr ace ooepli+nee, or at least oaole la re, cey ulatlon s, and i. guarantee to any solid assts rrd receives dete n Ina hom Eron o approve the sloe are D13n x red eE the operatoC and orne[ of [he eoLd xaa to t lean guarantee tc prevent potential hasacds to ivaronunt. the cast oL cloa uCa, poatcloauu, or co[[ec tl ve [o oec ur Lt tM actbn Is debrnd. 3spllance by the operator, or iL a Ile able the uta Eacllltlb Pa[eic Cor the aolPB wale a by -09 46]50: Chi board shall adopt procadune to be follaxed lE there is a SU default Ln p~yeant o[ a loan guaranteed pursuMt to this artlels. ••L EGt ~T EC N•[1tLL TP%7 RCpORt •~• 12/07/89 .. •••.••.~.ru+~.•.••••. u•.. •..... •..••.....u .•••.••.• ..•.•. u•••. .••.. u~a• [[t~r~ a[1 9]9 ........ .................. Y!!!AI. ~~ ad~~.V PAGE 57 _ :irr uriemr prodduna uy vary, deP~ndln9 on wMther the loan ` quitanue raa secured by real property, ueund Dy peuonal property, or 7 unucund. 4 46]52. Ths board Nyy take lsgel aetlon to eeeure npaynenta trot loan 5 quaranCee rM1p1Mb YGUlllnq on loan yuara ntees node pursuant to [h1e 6 >[tlcle end Yy Dell on tM uentancs of other slate agent Ua In 7 ee~rurlnq r wYYnt, Inoludtnq but not llsltsd to, a levy against any tar e re ands grad o tM borrow[ 6y +ny elan •aenc y. q aa]5 ]. The rarasal o[ than arErcle shall n.~F exf lnaulah a Inan LLr any loan iecurlCy taken by Me pursue appropriate aetlon Eor » account to • cltp oc to tM aaG opera lion, operatln9 on of attic prevMt or count !: Oranca ude pursuant to 3acuona 16A00 and 46401 durtnuu a 'ear shall equal 20 percennt oC tM total rtvenues depoaltae nr rnd to be depoubgln the account Eurfnq that fls<aI year. • r 3 ~b x~ !b C b. t ! A 77 46500. ta) TM Doard eh all annually grant or also race funds from :r.e ld aeGOUnt [o Che stare vats[ Doard, as dace uinad neczaaary Dy rha Cnar] • 19 and Ionaucent r++th lagielatl ve d.recnon, to aseiac in the auppea of 40 ae11d rearm landfill pecut inspec uon and snErrc ement pro9rama earned 41 out by reyaonal rater boards pura cant r> Civ:.:on 7 tcommznciny with • 43 SecO>o Th.OboirgEa~a~lNagPoreion ~rhe E nos gun ggqr anlly to reEl~ct S4 ~epularion, nu~ ar o ao q waarz and~a:. a, anp r e rai~ht o solid 45 aaN dlaoose of vi[han a ragaon al water bo aro'a juries Lchan. 45 46501. Tna eta to rapt board shall expand eta annua: apporttenment 4~ cede pura uant m SeeUOn 4ti500 exeluaivzlY tar 'he annpec e: >n cE solid 4d waaee /an dfaiis, enf oreaawt et the solid vas to la ndEiil's soled taste 49 Eacll idea permits, and enfoccament of waste dear b.rye requtrzmante by SC the rogianal water baa[da. ................................................................................ • LF. GI-TECH BICL TE%T REPORT p~~/~ ;7./:7/89 4ti302. Tha Eunda apportioned pursuant ro Sec 4on 4e5uo era an adds u•>n ~• co any oche[ Eundm avallablm for the ppurpoeea of Secnun 4ti5U1. ~ 46501. TM board shall grant o[ allocate Eunda pura uant to Secclon 4 46500 to an amount which eq ua lm, in any Eiac al yesr, 5 prrc ant of the 5 total revenues deposited, or antlm paced to De deposited, in [he account 7 46504. The DouH uy allocate not more than 10 accent uE the total 9 revenues deposited, er an tam aced to be deposited, m the account tlunny 9 the Eiacal year to carry out tie solid taste landfill pernat and 10 ins ec [ion progress pursuant to Cna pier 1 (eouancinq with sec tlon 440015 :i ee arc 4. 12 46505. Upon applteatlon by Me etap ra br Doard or a[ the dlacre clan 'J of the beard, the board may alloeap Eundm Eme the account to Me etaee 14 wafer board to pre are or lmpleu nc a aloe ure plan, or a poa[clos ure 15 uincenance CUn ter • solid vista landfill, f [ha ornar and the 16 operator of [Ice solid raab landfill haven felled to •ompply rich an order 17 Issued Dy + rpional v+br board rpulclnyy tM prepautlon or 18 Imp Lmentatlon of • Glom ure plan oc poatclowp uintanance plan. 19 46506. Vpon application by the eta t~ va tar board or ae the dLCre Gaon 20 of the board, then Eboard uy allocaSS undo Crum the account eo t0• state S1 water Doard to uke oe[gsncy corrsetlw ac Ciao at the ea lid waste landfill urn er and operator have Ca clad to comply with a corrective 23 action order iseuad Dy a rap lond board. 24 46507. (a? It ehm r Tonal rstar board expends anyy Eundm pursuant to '8 Seotlone 46505 or 46506, the owner and operator e[ rbe soled ra rte • 26 landfill shall pay the board an amount equal [o the amount erpended, a 27 reuonable amount foe in pre K, and [M coop of eont[act adu matcatio n. 28 (b? Coate incurred Dy eM stay rater board pursuant co this ar ncle `9 shall Ds recoverable in a civil ac taon Dyy Che board or, upon [he requzat 30 of the Doard pursuant to Sec tlon 40492, by the Attorney ueneca 1. Any 12 amounts recovspd shall b ~d~prsQUdnl~ she account. ,. vmeUV. Tne Solid Wsta Dts poaal Site Cleanup and Maln cen.nca Account state 45 wru raceapcs oc approruac uy rwency uau on oou era ta:0. uuu,uvV r, are roller eed seen calendar year. 4ti (DI NaMithspndinq eubdavuton ta), the scare Doard shall, 'a 47 naceaeary, ad~mmt then rap of the Eees annually eo that rha balance in 48 the account each July 1 does not exessd one hundred call mn dollars 49 t4300,000,00U ). SV ~ 4n802. The stay board uy except Erom al! Ee se any opera me of a . ~ L . . ..................... X12/07/99 ~ ~~~~~ TE%T REPORT ...rr ... EGFTECN BILL .. ..a. ... ... .. .... .................... AB 919 DACE 59 1 solid waste landfill that reollvsa leis ch an a eonthly av stags o[ flue 2 3 tuna per oper•[iny day o[ wild wasp. 4690] 4 . eRecyclsd esESrlals a~ t t Kt rap removed Eram the vests atreu an not d o d f ~ d t l df l 5 asp u o 1n ao a was an ill sha l not be e included Eor the purpose of aaseesinq Ceea iepoaed pup uant to 6 subdlvanon (al oC Secclon 46901. 7 P 46904. Ths seats board snail ado t ru`es and reyulatlona to carry aut Sections 4690 690 D • 9 iJ 1, 4 2, and 40807, / neludmgt but not lieited to, provplons govKnlnq coliectlons, pporetnq re[unda, and appeals. 4Sa06. Su b)ecf CO Snctlon 4e9Uti, [he lta[e bW rd may pan. eel m.,r+ than .> pert en[ of rural [e urn uea depos aced or ant:aap ~r,•C ru n., dnp,.,> ~.. , a3~6 ~v + le an the'aecounc du[tngg a Caacal year [or me aamtn[aR'atlan a[ cnaa .] ch+ptar during that CLOal year. 14 48806. All money an tM account oa avaalnble, upon appropnaron by :8 the Laq blarure, only ia[ purpo+es of cnaa •h apte[ and Eor the purppoaas 16 of Article 5 (coumnclnq wa[h Section 4_400) cE Chapter of Part 5. • 17 46807, A31 monoY raemived by the state board puraua nt to to is chapter 19 ah ail b de a1Nd in tM aceoun c. 20 468 ~. U~pp nDeal of this a tae le, the account hall be dis solved and all money r the ccount s all ~re die Crib uteri [o t~e solid was to 21 land Cl ll operators vhich have D++d annual Eeea to Che atats booed during the eEf ec[r ve iite of eM account. Each operamr ah al: receava an S3 ass cant boa ed upon [h+ mportaon chat upara[or's rocal Eaea bear Co Me 24 total funds pud onto [ha axount dunnq eta efEeceave t[Ee. Any coney 2S lheraaEtar reaa[ved In repaymenC of to cna wade Pursuant to thla chapcec c cna 11 ba rile trlbute0 to apeutorm acea[danq !o the soma Eo[mul a. 46809. Any dtatnbu[to ns reretved pure m nt [0 3ecuon 40808 may envy !8 be ~ sari toe any of the Eo lloran9 actavaues related to soled seats "'.~ tan dt[lla: ~aI "loo care and poatctusurr plena mq and moan eenance. 3_ lbl preve ntacave ar correcu ve seta ons to protect human healrh ar rh.+ may aronaen t. 33 (cI EnEOrceunt activataes. 34 'd> Programs to prevent the dos pos al eE hazardous waste an landf111a, 35 48810. Egxc+pt as provaded in Sectaon 46300, the board shall not make 36 gran[a oc loan quaran bee until the can encuabeced balance an the +ccount 37 as at seat two million dollars (a2,UC U,OVW. 38 46833. (a) Any operator of + aoltd waa[a landE/ll that pays a Eee 19 pure uan[ [o ehb chapter, may upow, as necessary, on tta uaera an 9U adaan as trati ve tee at not more than 5 pare ant of the Eeee collected by 41 the state board In the Drevloum year. 9J tbI Adman latranva feu am powd pursuant co aubdavaaion taf ah all 9J reflect the actual cos ca of collet unq and aeeoun to nq Eor Eeea paid to 94 she a[ab Hoard. 45 (cl Thu wction shall ruaan an eE bet only until Janua[Y 1, 1994. 46 and na of that data ae rape lad, unLU a Lter aoacted statute, ankh is 97 snot tad before Janus[ 1 1994 deltcee or utudm that data. 48 PART ~. OSHfiR PROV ISEORSC 13. R N 5 )Article 1. 49 Lagia laUw Flndinga and DeEl na [lone 50 47000. Tha Legbla[u[a [lads end declare that/ bec~ou hazardouJ • LEGbTECH BILL TEXT REPORT~{t p,~~ C't~~ 12/07/89 AB 939 .................. v"^'r •r W~_1~faHllt .•..,....PAC E.. 60 .......... 1 aubet+ncu au an lnrequl part oC dally II N, lc would benefit the 2 public co have +ruu to prat [/cal andh coasts tent intorutaon cones rninq 4 c operalroeoAUriq [oreeAi rile poialnloC haiirdo iiubi[inceiba 7tiii a' and 5 Pntoru~ien Gould Sm4reve tM ability oC all Calltocniana to au cat In 6 Proteotlnq the stab • natural [eaoutCel E[Om en vtrnnmrn ral as4raeanan. B 47001. TM LWWULtun abo Cindm that cM dlapos al of hazardous 9 aubsuncea by nouuholda cu be lnJurlaua to unatatlon vorkera, [he 10 gan~ral publfe, amd wlldl![a and domestic aniule, and can pone a throat ppurposes of [hb CnaD tat, "hazardous aubatanee" means batanee, as defined Pn SecClon 25316 of the Mealth and Artlele 2. Public In[orutian Program board shall In conwltatlon rlth the advisory committee ueauant ro ~rtle la 4 (couenclnq rleh Sae [ion 47700), ~pluent a public antormatlon program to provide can lfon and .onatlon on thm proper dUpoaal of hazardous aubaGncea around houa. Thr progru may Snclude mfoostmn, n containthasardoui suDSGnc~i ~r use and mcocage of puDllc In [ormatlon [oqu ene 11 ba duiq Had co provide eau to puDLe inV u~friu a~out houNhold haz ardoua .d to aulac ene aCferta aE local governments and other rovlde serv ace relatod to hauaehold haeacdeua auba uneaa. 35 written adanala shall bm -pcipab0 ruh the .intent of promo tlnq 35 •anaUbncy in how [Mee local Droqrama da4na and handle hauaehold 37 hazardous vaatea. ' 38 Art sole 3. Nouaehold Nazardoua Vu[e Managemut ]9 47100. She board shall du tq~ate a household hazardous waste 4ri conrdin at ec to advise and aaa Cat xal qov ernaents and o..hr_r aynn~ v~: 9: vll a.:h GEE er pvaq nme to[ hauaehold ha~ardoua waste mena;rmer.:. 4.. 17101. Tha board ah all provide teehn[ral aaaastam;•• ~.. n•'a'. . y~y~.%rnmenr= Lad nrl;er a9eneta.? vhir~'~ e:*atri:ah r..,ne...t n:.t r.,, r. v.'.: ~:~ 376 Z~ 94 wash minayofnt programs. 45 47302, The board ah all adopt, in Iona ultanon xath the 5[a<e 44 Uepar ulna of Xulch 3arvi va and the advss ory coeelttaa eacaosahed • 47 Guu utOt to Article 4 leouwncinq wach 5ecflon 4:4501, guide tin em for 98 i0ea1 qovarnwntm and other agenmes to provsde rommu nary aerv:c ea • 49 elated to thf uEe des pout of hazardoua substances cosmonly found m 50 and around hoNf. LEGI ~T ECx 0[LL TEXT REPORT •••••••••••••••••••••~••r••••• :2%0'%09 •~••• •.•..•.•.u .• •.• AR ?3y • ............. ~...~._. ••~e"'o.r•TWL~t7'Ct11~....-p AOE .•.h ~••.....•... 45303. The ywdf is nfs requued by rhea am cle shall seclude all the - Eollox mq elsun[s: tar Development of a model opera uen plan Eor vuuntty household 4 h..z acdoua xast• colleccaon pcogrua. Thf wdel opera ton p:an aha:1 5 seclude a du crlptson of pcopee peoeeduns Eor hazardoua vaete hen dl my, amrage tranaportataen, and pfraonnel cu an lnq. 'the adnpnen .et ~l;n Aelsnea on the genenc types Ot huvsehc:d hazardoua subs tancu aRSCn should De dls pond of a hazardoua waste and y u.deianu on thm safe unagfwfnt of hazardous xaatu qe aerated by yu Ouaehalda vhach may bf fscludfd from household hazer oua mace ii collection proyyrun bur xhaeh uy rfyyul[a some spec ul hen dlsn q. 12 6.104. In adoDany quadelanas on vhieh gfneric ty pea of householA 13 hazardoua subatancu should De den poafd of as hazardoua waste, [he oo a[d 19 ah all eonatde[ inch taeeOH as toxlcicy •Onpnt a tlon of toxic 5 mgred aen4 an a product, and other apprODr utf rectors. The Doard ah a:1 16 also conaadfr the appropraatenesa of axe[udmq Ecom any liaun9 of 17 household hazardoua wastes fpmcaflc categoric of house holtl products, ' 8 meludinq, Dut not Ilmlced to, products antendfd Eor human conaum non, ly personal hyq a nm pmducu. and othmr ea[sgorlu of household pra~ucta 2U mtendsd for gfnful consumer usf. 21 47105. The quidelanes and opfra[aon plan prfpared puuuant to thsa a. 9iwu. inf ooarg eases ucsoann • nmf-mamoer aovasorY comwacc of on 33 hOYafhOld haLwrdOYa Mawtf wnnwgwNM CO [fVifY and COwwf n[ On Ch! 34 inEonational unrlaU dfvflopfd punuuc to Arcic lw 2 (coaffncanq ruh 35 5scclOn 47050>, t0 nVl M ••n0 oomNnt On thf OyuadfllM adcpced by the J6 board pun cant to ARSeTf 3 [eomwnetnq with Swetion 4100), and to 37 perfoo other tuncelons nlabd to household hazardous ralb unayuen t, ]0 as nquutfd by the board. 39 47501. Thf eew ben hip of the advisory muittef shall bf as to NOVa: • y.ar.d riirr ~ uuuuir Yurru,rru'y u r r: w u•Y, w ur '4: amlec nd by tM County Supfrvisora /bsocsatlon of CaliEOrnla ~ 42 lbl A nyyNMntatlve of city govfrnwfnt, to Df nice red by the Laayue 43 0l Calitornls Cltlfm. 44 (c) A nprementftlw O! • haurdous waste traroter station oper atto n, 45 [J ba of lfOted by [he SNN DfyfCCNOt OC Xfalth $f CVlCf a. 4ti tdl A n~0utatlvf oL public lntonatlon prograu, to be as tarred 47 by the LN W oL Yopn Vgtw[I aE Cala[ornla. 49 4) Al n rwmntattvf of vuDltcly ornfd wunlm pal Lndfsil opwrat roes, 49 to be seifeud by thf board. SU tt) A repwwntatlw o! product unuEac turou, to be eater ud Dy [he • LEGI~TECX BILL TEXT REPORT 12/07/89 AB 979 "~ DAuE 6.. 1 Chwwacal Spectaltiu Manutacturfn Msocuuon. 2 c9) A reprfasntatave of Yute Aaulfra, to De wiwcbd by thw Snu[harn 3 Callfotnla ffuH Council ud thf Nort hmrn CalaEOCnu Retuse Counc ii. 4 (hr A repusentatluf of fnvlronmfntal ocganazaUOns, to be utectad 5 by cha Leayue of Yowfn Vo[fts a[ CaLEacnaa. 6 (1) A reprH later wf OE pal nt and coatings unutactun u, to ba ad arced b~` the Na cional Dalnt end toatlnys Assoe!atton. B 47502. 'l'Ilf organiLationf aflfettnq advaaory cowuttwf wfwbfra shall 9 eelacc in lvadus f with upnifnee !n, or knowlfdyf o[, household '0 hazardoua usu waneafront pcoquu. is 47503. TM Doard +hwll provldf self to the ad vts oc comelttee. l2 47504, It env at eM1e lppotnelnq uthoritlp Eor wfwl~frs of thf it adv uory •aul ref fall to ukf an appomnfnc, rho ch urpfrson of the 14 board shall wakf the appOtnbfnt. .5 47505. TM cDalrpfnop oL cM advisory cowsactee +hall ha ulectad by 15 thw coaw lttw ufbfrs. RM coati tff shall Het at toast tvLa a vsaw. - the churperson shall call wefungs Ot the man nfe attfr eonsultau on 1.0 nch the board. ;? 47506. Ad v,ls ory co~e¢tl( 4fe Dlrs eh all eorv9 wichouc cnnpnnaatsc ~, 3?~ ~-~ A _y •V out they an all as [uaounw cor sxpinNa the urrea u, at[enm ny ea Y:a J.) 21 couittN aunnga. 12 CL. F 23 48000. Each oppera cor aE a aolld raace landElll raqusred co Dave :. a 24 solid rests facility anal an all, to addition to Ma EN iepoNd 25 Eurauanc [o Swtion ~6a01, Pay a Eea quarterly to tea sb[. An.rn .,a ap1Ca • i0 y ed bE Y le led e [ea ne 30, r year, . ,y y •n. a0a iC an aa0Yr1C 3VLC101anC Ca 4U generate rwenuea equivalent to the approved budgab [or [hat Elac al year, ~~_ n•'wd:nv pr~uient ,'«uol Ye, vut nn[ a -eed nne dallaa 1311 •>..•r -- 4dUUi: Ins ra venue troe the bas pod pursuant to Sw do ri 4:7i~G anal:, 41 after pa yea nc oC raE wide and adunu tratava eoate of eo llaetlon, be 44 deposited m the In ce9rated Naab Manageunt Aceounq rhich is hereby 45 created within the Soled Nu to Mrnagaaant Fund. 46 ;d002. The aisle board shall adopt rules and re ulataana to ea[ry out 47 SectWn 4d 000, lncludany, Dut not [iubd to, provliloro governing 4B col Lctlona, reportin q, nCunde, and app sale. 49 4d003. The stela board nay not ipeni sore than pa[ewt of the total SU revenue da port nd, or antlm paled o be deposited In Ma account durtog ............... ..... .......... .... ............i•.................... .... • LEO[-TECH BILL TEXT RE DURT 12/07/09 ...........••.•.••..•••••••.••..........••.•••••.•.r•••••••..•..•.....••.•••••.. AB 939 _ _ ~/4~1t QQr~~e.~~~}'t~~~~Ca.~ PACE 63 I a fiscal yur [or the aunt L!c~nM~LWIYEhaPNr durln tMt Claeal L yur, except Mat up to one bonded sixteen ehauud doll9an (a 116,0001 ] nay be apwt du[Snq tlaoal yNr 1989190, 9 44004. The eonay in tM Into ntad Mai to M n- • nt Aeeount shall be 5 used by the board upon appropglatton Dy Me teq~ati[ure, Cor the 6 purpoaN of tl(u ~avlaton, azenpt Part 6 (ewwnelnq With 9aetlon 460001, n2 48008, (al Any 23 pursuant to Ub d 24 of not sore tMn 5 25 Egwllzatlen urlnl 26 (DI Adainletratl 27 raEUct, to Me ext 8 aee0011C1no fo[ EN. 19 48009. Yt fa Ma ]d us,ooo,9ao1 b. era 33 beginnlnp rttA the l2 MuayaNnt_[[~o~nil 37 Fund. ' ThaaTUnda 34 revenue lcasN to 35 a<tlvlty ulabd [c 36 ManauaeNnt Pro car 77 48010. RngLn ~L ny 3B Controller shall tr 39 Ines ntlve Account. 40 uudlably ppfor c 43 Rava nee and Tazsti 4~ uacanq the cra Nt 43 Egulization to [ha 45 u 49400Y lC rin Y pry 4o to anyy pen on or cl 47 aLGCt other provlr 4d ylvan attar[ rlthoi SU eh 48591, tlha inrovta ••L EC I>TF.CN•31L', rTF.%T I • 1 prosry specifies for a • purpoeN oe thin dlvbten azdpt Par[ 6 )00), zDlch shall bn tuned by leas pursuant Iqt troy ali Hu eny operator of a soled esa than • eonMly avuage o[ Elve tone per ~~uui anerc rests nwvw crow the raan n a solid rota landClll shall not be uuulnq bu reposed pun uan[ to Section ~E • wild rub ludflll chat pays a Eae ~_l~po~n, on 1[a uun an adal_nUtratlve £ee 1991, and the Cenen •~ ~T ~Y/Y ante by Apc1! .10 cat/on therwC alldlty shall net rhteh can be t ehenoE, and to vluon in rhfch .. ..:/07ABg ....~ , r 4 .. . i .....................................................................•....... • LECI~TECH BILL TE%T REPORT 0:/06/30 - ... AE .................................. _ ~i aa.. 939 VUta FADE 54 1 :nJu nc[:v¢ relaeE as soughq a $ha l! not be neceaa cry ea 'lie qe ar prove at any acage of the procodlnq to ac trraparable daeage vat Jec cc 1. ehe .1 InJGnCCiva [a lllE a$ n0[ q[ap[ad, Gr to d[ •ne tOmP.dy at :a'A 14 i in ed aqu atz, and eny Eorw Jt anJUn et we [elnaE ah all be granted rlth out S rho as allegqa[:o na and ra[ho sit [hat proof. r 46502. Notrithatantltnq any other provia sin Jr. La r, thw povzra and dutl¢a Jf the etazx Departeent of Health services pure want co :hapte[ 6.5 9 '~ ommznc my with Sec lion 251001 of Dlvlalen dU oE, the 4a alth and au cy I o..e, lncludanq ch oaw eoneerninu the asauance of perm;ta Eor ha=ardoua was r ¢ d:a osa aiCea l , p , so o Cress t activities rel a!ed '.o the handliro„ ' !Cana FJl [aC t.,n, aCJC aqa, Ua 3, OfO Ca331r~j, and d.ay~a j._ .;al'd~~_ • Ia at Od, aOd the da velopwene OC pr0~]riaa CO[ ?na ra._ry c:mq 'nd rOCO Vr•L~ ',. ~ ~ tl /.[Jw D d V :4 ~ i2ir OVa YaaCa9, $t1a 11 nOr D¢ aA$Umad Gr dV p1:C 3tCd • d he b¢an pursuant to eta reaponaab atuea, pc wars, and duU 3a pr.:v, 1!+r~ :n thin division. to "AkT d. 'P.R6AGE AND REFUSE OISPOSALC u G DArac:e 1. DeEin ltic ns i9J00. "Ole tric t," as used In than cha plat, insane a Aiatr a-t toree3 13 pursuant to th as chapter or pursuant to any tar which it sup«raedaa 1~ . Article 2. Fora coon ' 4iUU 5. Any por[aon or pornona uE a eoun[y, vh ether -..n:igoaua or 23 nuncantiquoua, and whether the portion or pot dons include incorporated or unlnwrporatW tern Cory, way be Eorwed into a yarDaya 4iaposal .:J dis?net to Chi sinner and under the proceidln qa $at forth in to is .N ch acpre[, excwpt that lua than ehe whole Gf any racy shall not be : e included m the dlatnet rrznout unanieoua consent JE ehe govern/n Dody : JE the -icy and no parwl GC ngncontaquoua territory which is leas ~han P fu 11 ubdiv aainn or Chien eontuna lua thin 10 privately awned aeru `u may be included in any dbcriet. 29 30 49005. 'at Tha board o[ supervisors s•y detacnane by reaolucion, tD at a ort C th d f t p wn o e ca only la in nee o[ Cac 1114 ea or the eiapos al of l 3' garoaya and should be Eoned anm a duen ct. (bl Upon wa kanq tM dwtwrunation under subtlavta eon 4l, the Doard o[ 3 1 avpervlaora cha ll fix a flu and a place for a hea::ng nn the natter of 4 the ro[wa non of the dla trac6 rhich rise ah+11 be not lava than three .5 verxa after tM idop lion of tM naolutwn, and shall dace ct the cls[k Gf ,n tn3 boo and to publish a Holies once a week Eor three aucceaalve rxeka in a 37 ne vapapar which a e1[culabd In [M territory th.c :a proCr sed [o be 3a Grganlzed Into • dla trier and vhach the board deuce Hoar lika:y to yive • 39 notiea co the inhaDl[anta Gr [hw terrlCO[y. 4G 19009. The nocap shall a[ate [he Eace that <hz bJ and of sup«rvlA Cra ii has fixed the tiie and Gtac~, which shall De elates in Ma nol'ac e, Eor a S 4' hmran Jn [he wet ca[ t the Eooatlan of a yacbage ~'upG.ial .]:, ti let. 5 i3 490 6. Tha Horace shall ducribe ehe territory Jr shad soem Ev the ' 4S ,undwuu o[ me eerneory propmed tJ ba ocganicad into a dnatnet So fit bl 'S . a puetu a e, the bo uneartea ah all b¢ the center !inew o[ hlghuya. i7 4900?. At my t1RS Clot [o tM [lwe Lix ed Eor a haannq of. th,: A i6 , matter, any pwreon !nl rtl led uy Cite wuh the ^.erk a[ the Goerd iY 5:) r[t[[ap Jb1]N•tlOn ppO 111! fOCeataOn oC the a:a tr a t. AC th t1 ~ e N in plwta [lxad [or the he arinq Jr st any [imi: to which • ' •aaaea~Maaaaa.....•••......• .............•.... .... .... . EGbTECH B[LL TRRT R6POR2 '~1 /04/90 __ ..aaaaa a..a....aaa•.•.•..• ........... .....•......................... AB .. 939 """' . ......... . .................................. PAGE 5S the haan na ay be con[inwd, rho boi[d of aupervle ors aha11 co ns ld er and paaa on all pyetlona [o the creation Jt the diatn ct, oc :~J the ~ 3 imi ualJn a iny urnto ry In tM lost rte t. 4 5 AC the hurlnq tM board of suparvaaors way zxGlude any trrrtrcrvv h i t at, in the opin on of [he board of aupervia ova, rG Old Hat De benefited 5 Dy lncluaaon in tM die tric t. 7 49UI U. At tM conclu ton of cne heannq, 'he blare Jf auparviaora e shall either ado tan orde[ aDaneoninq the ores r.Gn :. P. the propoaa^ 9 diatn r.t or shall, by raeolueion, order cha wac[ec Jr riaa :[sataon of ehe lU dla RVCr, ra[h in the boundary lino de ten aned upon et cha hunng, tG hw auba.[tzd to rho voters reyaete[ed In the prJpoae3 d:a tr ice at au 12 elect inn to bi called Co[ that purposs. i7 .4 At the ¢leetion only votary registered m the prmpo3 eA daitrar.t shill ba era sited t 15 15 o vote. 9011. Election tRClnet^ eh 11 Da e4?r Ivenad n nF nn Arq ..E auperviann, and e~iction b ~ ~ ~ 17 18 Oar a coip9Me of .ne i : ardor, .ne tit d,0 . and one ,brk shill be Hued. At lint one Creek r~n~ ! fi 1 d ~~ f 9 p c , x 9 = ticT. nocaca o tow election chill be give by puD4cirin n a neri a er 1 3 20 ~ .: general n 1 E~~ y L.. ,, ~ ~ ~~3 election a~ta~~b;c~o11USC~e7'Fi~~fi3~wY 11~'1f'did i E y ~~: h'na Jl ~ e5r 9. b r' Au erw nor w • p . ~~ n A iyul t. ta) MiO nan ftv '3 Drm eallfd, cM board c 24 a Mrlttfn nOtltlCatloe al 25 the heal aq•ney EonaU 'b an ahieh eh• grtitocy of 29 dirt rlct a lecabd. 2hr '+e d••e ci lion of thf rop< j9 e•r fiP <e oC tie r v c~1 ~'R..4Xautiae o€i 31 vat hln Eive days attar b 3? ha8 baen callyd, ah all m Eo[ its a~pro Val or coda ).i dla<rac: .rw scion. 's5 :-~ The ~mp arc :a: ana b aha11 tnelude a spam Elc ]? pcapoe•d ce be Earud. db •d) Tha 1ou a1 agency ar. etpt of he exec u[aw ~''J Oaly alJ and 9YDmiL It t Qi dlat[tCt tOrm atlOh ml@it ~~ .:ard authi•n cad Gy tt:@ 1k a.:ax latlon JE c:tacena propo8i[lon, nr any cuml 4e aci..ana, nay file a vru 3^ the proppoamd diernot Et SS bl Arguwenta ah all i 4? xach [he hEElcla la m v-1 SJ Aaya prior tc the date < • LEGIT ECN B[LL TE%T'REPOF AFS u]9 i 40014, lal If son eh ayyu nat the ppropoud di 3 oEElelale aithin tM tiwr 4 arse of tn• +r uwnb toi 5 cbl In uliaonq chf 6 preEe[ence and pno[ity 9 Eollaaan e U) TRr board of •up 9 aut harazed by <h• board 10 i2J [ndavidwl votrri 11 cawbmation of chosf vq t_ ;x015. ul TM oEhc th Rhf LECI TECN iya aECer the Alecac! tcrmat:••h .=.a•:':n t,e up•rv as ota aha li tr a,n amrt, oy rags atarsA m+~.:~ a elfetlon call to ehe exec utiva nEhcer rf comwisaion n[ the count nr pr:nop:; tears r/ ro[ 'orrsnn nE the territory .E ehe Prnpnaad irtan no n:a shall lnclaua cha naee and a I.i u:nct and may Da an [ne Eocw of a . uaotn ado red by chi Dpard of cupwrv wora. r •., rha ~. aFal a?ar'oY ,~cn ar aw .. ..ows ~asion, ten, an :mpartida an a:yaia ac :na PrepJaeu 8 ah al not ¢cceed SJO ace ds In length and criptiun of eMe boundanea of cha ds8 tr set eatmn vom mind wn, alth:n Eave tlaye aEt ar the lc ar'a It alyale, ah all ppruve Jr modify the 2 OtE1Cid13 :h cha[ga J[ induc any th r. oUp¢NIaO[a Jr 3n',+ mCmG¢C J m¢mI'¢r1 'f r rd, ac ar~y uilavld ual voc rr or Cana .a.ia .[sad Ca Vote Jn th¢ AsdttSC[ .'.OCmdtl;,n :1•Jn O[ th Oa6 VOrm[a dnd da3Dt: ldf l0 na Of, erquwent Eor ora anitan aryuaenc aq airs 8t :ton. exceed 3VV aorde an !ength and shall Ga Eilad p JE conduru ny the else taon not I¢aa than 54 e diatn et fa[satamn aleetluh. ................................................. 01/00/90 PAGE 66 . PMG ~t1AIItU ... .......... sabot rWaon or any wawbfc or mewDare of the board or bans CSde aalocisUOna of tit wens or a '£': an cnuq• or coneucrmq cno el coon •na la . -fcnlnq ch. dLtrlct Eooataon ropo•ltion E id ullfd co fach weer rnutie~ co vote un V ion. shall contaan all of the tol:Jewq :n the the propou son. a of thr propouuon preparW by [M locd proPoaad alas w.....~ ~•ta^ the Dropoud distract [onaclan. a shall all a ballot oamohl•t to ea.-h voter an dlfcrlct and a d•ae[Iptlon DE its tart i[Orlal axle nt. nqularaty, of all prier .cataon 1n cull of ch• thf hold lnq of cha hfarinq on riw mannee ee othr[ dl•tnata undf[ [his ahapt er. on strict fh4l Mava only thoee powfra grantfd to diet ritta lac are rufonably nfefuary to catty oue th• axclualve ' tmcw•d for tM •xclwlvf purpoam of providing, op•utinq a garbs • and rffu•• diapo•al alb say as ana mff thfc•ter In tRm aau fannmr as provid•0 tot Donda of I• diapo•al dta trreb pursuant to Ac Elela 7 (cnnmenr.l ^q RF.PORT ............................ •..;::: P: ~r:'.... ..~ '.. i ~ Vii: 7~ AD D 5~. .< • -•--"-~---~-- ---- ------ ~ CM AB 939 ~• Wr.~E~'(~ .......... ....... p''E.. ................ ........ ..................... VVa~~ttt/[ p F' I with $actio .............1-........ _...._ n 491601 of Chapcec ', and may :a'as •svenus bnndQ parse=n• 2 to the Revmn um Bond Law of 1x41 ~'haptat 5 oamsnc~nq wlrh ". c!y,;,~ 3 543001 of Part 1 of Olv:aaon 2 of Tule 5 of the Gov ecnaint Cod el. 5 1, gdman u,~tn Lion Arclcta D gg030. .ha Deard of aupervs ors !s the gowrmnq body of the dlatn ~; ~ and may do any or all of eha fol!owrng: :al Maka and ent orce all rules an~i rxqulatlo na necessary for tha adman lecu ton and government of the dascnet, and ter [he eol:e:-tlon and ii dts bus al of garbage and other refuse matter :n :he dtst ra ct, Appoint agents and esplo yees for the dlatua autt went to malntaln ana operate the property acqulr ed Lo[ the purposes of the :3 dtatrav'c. ?a ~ ~ Acquire rr. tha name of the county, by qtE t, purchase, -om]emnat:on, or otharwie2, and own, control, manage, and dspoi? ~ [, any :; lntarent !n real or p?[son al property necessary or convent?nt Eor th? ' o-i•x Uan and d:a poaa: of the gar Sage ar other reEUSe mate sr of she t5 ]:_r n._t. :...; n%cnaa a•y yr p;~-P?t ",. aa.. ..m;:::. !. '` Pur~oa aa~~of thla ohmpta [. :.< - 3• •!12 boa['] OC 3up¢CVlaOra may 0nta[ 1nCO !JOner aL C~ EO[ fh0 .1 dla pos al of garbage and ocher reEUaa matter. Nnenaver the board ?nter~ :ntc, or renews such a contract, tt ah all advertise Eor Drda for the 'i Parf?rmanT • of the work to a news aper of general ct[eulxGion 'n ch¢ .5 ouncy. .he adv e[4 semen[ shall ~e publts had puts uant to uactlon FOr.;, :. Gb the Govern menc Code. [E ch ere as no newspaper of general cuculatlon ~~ ~~ pu of :s had to the county, the no taco shall be given by poa nnq .n three "d pu Situ- places Lo[ at least two weeks. d9 tbl All bidden ah al! be q[antad an opportunity to ascertain the 30 ditaaa of the nature of the cork to be one under the contr ac c. The 31 contract shall Da iet to ehe tows[ cesVOneible bidder. IE no 3G sanaf aecury Std !s obi caned, rM Doard app ce poaa! of gscbaga and o[har ref uao 3ti on tern [hat are neceme ary or props[ an tha eze rc tae o[ the da trle t'a 3~ po wets. 79 mrcu~aesncei whuhgrou~d be d~eriwntaLl to cM puC4c hiali h~ safety, or 40 welfau o[ thin LnnaDrtants of tM dL trieq thin Doard oL aupe[viso ca may, 41 wrtnout the necaasay oL adv er [ialnq Eor Olds, antar Into con tr ae to Eoc 4. tna dla puss! of ga[Dage and oth mr ntuu for • tars nut to exread alx 43 months on arms that arm naeumary or pmpmr, in Me ewe celse of tha 44 dtstiac ncq and uE rM 4d marn[enance of th• dlatrleq and to wet other szpen dltures auehousvd by 49 this chap b[. SJ The t'z ah all Dm levimd and oo4motmd at ...... .. .... .... ... tha same Slne, and m the .. ... LEC1-TEEN BILL TE%T REPORT ~ ~ ~ ~~~~~'~~~~~~'~' " " " '•••• .. .. ... 01;08/90 . ..........a ........................................ AB 339 PAGE 68 i a+me manner, as gynaral county tawms lm clad Eor r rm ru ,. ~~...... .+ EuccA}ranee •of Me ouioa ::co [cn~ ~ouoty treasury and'uieS~in-- -"' "~~'• board of •uparv cots shad detao me wn at ma3o rtn ty of tha n9 an the proposition •Axll be requl: mtl to approW tha it ..r _.__ .__ Attic:. S. Cialu 3 ~~ ESE 3e Hovavar, nd p 17 ravatayy orn 18 D DArcicle 1. ]9 49100. "Dl 40 pu a uant to t 41 Ai 42 4`t9110. Any i3 BirCO~iedr ins 45 under the prc 4e any portion r 4'1 voneen[ nE eh iB rMU't nlCdi of 49 49111. (al SO ~ha~ a po~~io {u oirbaoe and r, ~~- Poor Quality nonconugueus torntery + uh Conte me le?= rhx~ may be annexetl to any die[n tr. - -. a >ni . as us etl an this !hapte[, meane a daa trio formed ter or pursuant ro any :aw whim it aupecaedea. • Forsa flan oui ~orticn ur pot Aaona oE^'^ oun[y, A hether the an eiubeq in r of the city VOtB OE >ra uy denrmine, Dy ruolutio n, ied of a site for•the•dls pos al of • ••• •• ••••••••• ••• •01/08/90 . ........................................ C A9E E uai and should Da Eoc.ed 1n[o • dlatncr. anq thr deterunaClon under auDdivauon a+1, Chi board of ,E thexdiscr~c to M~LC hpl[lms shall ba no 9leeit th anath[ee f - .a....., .... ,.t ce. r..e l..cinn. The board of sumerv uoro rerram~y. 49112. Tha notice shall state Che Eac[ chat the board of superv uon has fixed cha tau and place, rhach shall be stated m tM notice, Cor a heannq on the utter oC the forution of a garbage and retuu daspoial dta[r ht. 49113. The no twee shall ducrlba cM [Ctrl [ary x sh al! epaclEV the excenor boundariaa of the urraeory, proposed cri De urganl.ad Intto a tau poor [o [he tlae Eixad [or a neann on me >n mca[utad say Hie rlth the clack of r e Ooacd of :en ob2ectaons to the fonataon of thr dutracc. Ac the xrd for the heating or at an clu tc rhich the hearing , cha board of suparvuon shall tuna der and Dais 'n all e torucaon oC the dleCrlp! at to [M anclusaon of any ducrlet. At the haring, Me board of suparvuora may • aco[y cha[, In tM opinion of chi board of iupervucra, sElnd Dy lncWaian In rM dlatrlet. E^nal yea ring the board of supsrvii ors shall sake chow ,.. A bound ar us that an adviu bli and shall define 30 ~ 49116.~If, [row Ma tp ti~ony given baton the beard ut supervu o[a, 71 ar app~ab [o cha board of iuperv non that eM nuen~ ...~-._•p• ,;: -.G..:... iul ucaon or Chi oastrle t, aE shall, by in oi'd ar 1] Bound on lta minutu, dacun chat to ba its Eandinyy and sh ail Eurch ar ]A declua ud o[dat that [ha t.cratocyy rlthln [hs bounders ea w fixed and ]5 den nlnad M ofyuMitad as • dbtric4 under an approprub nave to to 1ti selected Oy eM 6oatd of auparvuori. Thi nose shall be deicri pt:ve uc. ]7 [he CunatlQgea.. OL Ma d`e`tect, 38 49117. ih~ Bounty a a[k shall luedu taly tale Eor retard in cha 39 ntflcs a[ [M county rsco[da[ oL the county in which the land esbracad !n 40 [ha du [rlaL V aatWtsd, and ana shall tale ra[h the SecCa[uy of 41 Sta u, a eartll/ed copyy oL Me order o! cha 6oacd oc auperv nom. From 42 and afar [M dab of the L111nq of tn. encitud caps nth tna Sac retary 43 of Sub, tM dutrlot named cherrin a urge mte as a die t[ac t, 44 rlth all rha rlghn, privilaqu, and Dacia set Corth in Chia cAapcar or 45 niwiiarllp incident Chao to. 4e 49118. Np. daitnet shall be Cobad under rhea .:h aptar after October let`s`. ad :. 50 of [rwtus or tM des crlct shall De appointed, ..• ...................a..........................a.............................. • LECS-TECH BILL TE%T REPORT 07/08/90 ................................................................................ AB 939 red cuY, <+o memb.ra 5 nE the ggovsrnin body shall ba u/scbd Dy Chi board of aupecv ours and e ons member of eRe govarmng Dody shall tre eelecemtl b Ma City cmm=!1, ? (L 2£ the dlstnet aneludes txo ec mots cities, only oM weber o£ d rha governanq body of cha dlitHhall appoint one weDar to rapnwnt 11 each lncorporataa c![y ncDin cha dla[net. IC [M ielaoElon of 12 unbars pure uant to Chu suDdlvLion refulb an Ch4r govscnlnq Dody ha vinq ' ) an wen nusbar of wmbsre, thoN webeb uy appoint an additional mnmber i4 fcom chi dlitrict a lacCa, is cc/ A vacancy shall D. Glilad an tM ume manner as an original ib appoln 4an[. The pacaon appose nd snail crude +iMm tM ana hs er ahe 17 npruanb. • 18 49121. Any govmrnina body oathvrated by Sec non 491 `n rn 4ppnlnt .9 member to tM dutnct DoarA uy makm chm aPPoan tment from tta nr-, .:Q mrmbers. 21 4312:. TM mesbera of the earn c.r Dnard in ~H~~-n an S+ni~m h~~ ' J ~S° FFF 11 IYb 1, a11a11, ae aOOn +a praC ClCable rhlCe afCeC, a0 Cliial[y thlm94i'lna, 23 by la[, Mac • u3onty of the eeebe[s serve until January 1, .3?.3, ant a 24 unerlty of tM webers of the dLtracc board shall sere! until %rnuavy 25 1, 1965, ar until the appeannenr.. f Chet = ttrmsaorm of tn4ar 26 reslgnatiDD er tenanaeaon oL rls edlne- atAm eh= eels Chsy toFte~-nt. ' a 27 Thereefbq the [ere aE office o[ each auecpdinyy membat of tn! die C: uC 2B Doard shall be [our ygra and each shall Aold nEErae an Cal the 29 •OpplnbenC ac his or her successor or his x her cu a9nation nr ]a tlnln Klon oL cealdencs rlthin the area ha or she repcaaenta. 31 49123. te> eNeben of the darn <t board may be reimbursed f2r their 3: utuil and neceuuy expenses ancutred m the padoraanp of a[Eicaall 33 bumaneaa of Me dls tree[ as aggro ved by the dra tract boas. 34 lDl MeeDera eE the dL tree board may alas receave nor more Chan 35 fifty dollars U50) Der dace for each day of seta al artendanem at Cho n aaa, nwve vaq rec6'rve more [non one nunaraa aotti [e to la Vl per dtee to any Gala ndar month. t.~: In addataon to any ocher coepenaa rvon received pursuant to Chia sectacn, the ehaarpe rson bC tM dis [tact board and the 9sccacary of rh! lratriet board, It the aecrotary ra a eeaber of the die [rest ha ar d, ahe!' each reserve monthly cuepensataon ae establaehed by the dryer. ac be a: 1. Artscle 4, powers and Duttes 49130. She dratrvct board mny do aii E the follormq: dal Make and enforce all rules and re ulaf sons necusi ry [or fhe adsanas era taon and govacnmenc of the dle~ract and Cor the ewers tion and marntanance of the garbage •nd refuse daspos al site ac 9u mad by the draencr. tb~ Appoint agenes, employees, +ntl experts for the diaerieC Original Poor Quality • 1 t 4 3~~ ~~~ ~~fiaJ Pc3orQualtty • LEGI-TECH BILL TE%7 REPORT Oi/08/90 ............................................................... AB 939 _ PAGE 71 suf Estee nt to ulnealn and operate :i~a property acqua: ed Ex the purpay ea e of ehe dear sae, 3 ~a1 En[er anm contacts rash other public aganeau wn wh say be i necessary or proper to accomplaah the purposes of eM die tr[e t. 5 ~d) Acquare, m tM name aG the daatnct, by gaEC, putcnaaa, e condeenacaon, or otherwaam and own, control, unagm, die pose ef, and exchange, any antereac an real or pars on al property. u of :hu ahapemrall acts nec¢aaa ry or proper to accoa pliah cha purpoaaa a ~~ Haan•-a:n and 'iPeci'^ a garbage du poaal sate and f.ac arses ar:d [ax aha uolleot toes for the uU :hereof. "" 'x:aw money and meat indebtedness and guarantee fhe per Ex¢man:e 13 ar. ae~a legal or contractual ob lagauons. :4 19133. Tha die trot board nay dutgnab any depoartnryy fer the cue rody ;5 uE :r.y ~r as [he soney collected or rec elvmd Eur daatrlet urpoaea d pursuant [o Arcac le 2 tcamu ncinyy rath Sac Leon 5767P`~ of chapter 17 i of Par[ 1 nE Oivia wn 2 of Tatls S of cps Government Code. ,B A dapo-vacory ah all gave sec utity auEf:x re nc to secure •ho draen ct :3 aq a:nsc pnsaabie loan and shall pay the war: ants drawn by the d:atract 'U Eor demands agaanat Che dis [clef under the rule that the dls cr act board 21 preacnbu• gr4ole 5~ Taxe taoq 45140, A[ leant 15 love Dwfn~. ha n... ... _s .._ ____. amount r ..e. •r wnv pum out on rarrantm of thm county `avGifo[ A[awn on Tha aeounf of ¢ion y naci ~a[y for the dls t[fet ~ purpoum uy include a tea h-baua Cund. 49141. She dutrlet Doa~td uy aLo lncludm in ib as Liu t¢ prepared • euarn east to Smctlon 49140 •t1n unapFFreotubd rase rve to over expenCaurec [h ac have not been provumd tor, o[ cFit have bwn usuECuuntly provadad for, or Lor untocuaan pquleunts. Tha moneyy an any unapprop[uNd [uacw Lund so eta blu hed say ne nade avu laDle Lor approprlatlon Dy a tour-Cattha vob of th¢ members of the dis tr let DoatC aft any rmqula[ o[ spacial umtl nq of rhuh all ww wl...re w ..... 44 In eddltlon, tM db[rlet board uy Earth e[ provWa, by reaolutao n, 45 for tunsfae or ravUlou of umm~cuaDmed funds Math-n ehs general 46 dae trlc[ exp~mndlturtl pfovldad for dullnq any to cal yea[ where, In the 97 oplnaon of t^m ttlc[ board, the to nsEar or evasion a newuary for 4d par oua oL Ma dlatflot. 49 4°9141. TM Ooard oL aupmrvuoo of tM county m wh wh the chatnnt as 50 attested shall, at the [1N oL lev yang County taxes, levy a tax to be ...............aaa.e•ana..........•.......aa..............,.......,............. • I. F.Gf-TECH BILL t61IT REpORS 01/08/90 .._...wea..aa..aa ...................................................... AB 939 .................................................... . PAGE 72 known .aa t garbage and return dis omal daatnc[ tax," suffacaant to re N the count eportad to ~t by eM die tract board, upon 3 preDerty of the dutrlet Ln the county. 4 Tha board of suparvlsors atoll datmrmane the rate of the tax by 5 deductan~ 5 pe[emnt for antieipagd ddin uencaem from the tntai aaa.aaa" e value of the taxabU property oC the die cr9cr Mathis the county as at apPe era on fhe aaaeasm.nt roll of. the county, and then da vidanq fns .tea d reported to at by the dutrtct board Dy the tau an der of [he toCal 9 ana ea sad value. -~ 4914 i. F•,r purposes of the dla [cup the board of aupmrvaa ore an all -• ev a c.x of sat more than fltuen emnta u0.15) on ucn ana hundred ' ' dot ~ara tl l0U1 of taxable propmrry of tarn daatnct :n the county, 13 •1.144, Tnm daa[r[ct boarA may otablash and maintaan a cash•bMla Eund a Eur the purpose E dmEnylnq dutrlet mxpanmam bmtemen tM Daglnnin7 of a la faacel ear end thm flu of dlm trl button of tax ecmpb ana hsml ie year. '~ne caah•buaa Cund shall not exceed DO pmrcant of tM eatamaced ' 1 axpendatuus Eor a Clacal gut. Artula 6. Claims 18 44150. All 'tale Eor aonmy ar daaaqu agaanat the dirtnct are :r+ govarr.ed by part 7 1cOm~amm~ wlfh Smctlon 9001 .0 Math Sac UOn 9401 aE Dlv aeon a d Part 9 rrnalAe n4tn9 ~ ' ±xr ep[ as Prr,v:Ce• t ~•d of Title 1 oL .he Pgvarn mm nr fo•i •~ i here)n, ,r ny ether , ta•~tea pr rea+ ar) ;r.e .r,r. ~ . ., • 1 37y l~GU,~ OilDlnel Poor Quality :e +pptic+oie tharato• ~ drucie %. Banda ' 23 49160. No genet al obltga!: -.r. `. [n^a ?ball to tasuad Dy t!?= Ate-~3~• 24 unlsa+ rha iaa uance cnateof is approved by !ne elec fora ^t the At:r:::~ • 15 a[ a apecul aleceon as prov3Aed cn ["•a ara:c te. :E c.".e d:acncr .;.- L .'D L .~ find/ that it a necessary o tbcu: a funded :ndebtednass to ob!atn n, L? 8 Y(CR VR3CR CO Cd[ry OUC Cnd pU[pC3aa` JE [n2 dla CriCt, lG mAy 3Uk•03r :C? ur e a t n t ~ h f h d S • ~ 2 Sr po Y, a pau e :act )e . ur e a p : propoaiROn eo t e votary o e wleenen a all ba allsd byv reaniutton. f h lC 1 T : E f i ut:on aba ! stater .:! n R ow[r.~: 49 he wao t .a 61. d 3: to ~a) Tha eneral Ob3ecU VZa sno put p.aaa for whteh is Frc pore ~ 3L 33 ebtatlneaa. Incur an tn tDl A •lant[al dP.a9CtptiOn ^!' a'I pNpal'ty CO Fia a::~U:[ad J.' AamayeA a4 and work !e DE aaecuted thr ~uqh thz aapendtture ., the funds anoural 35 Dy tRa }a-UaflCe and Gala Gf tnE bCndo. ' 36 ~-l n Eaumatw eE u:e -sec cE me Fro~oaed wor /.. 5- '~P Th•- aa.,uht o: :hm bunda Fropcaeu .o bn sau<'. tg ~a~ .he number[ of years beyond wntvn the yli of thy, hinds are t? r.... e 1'3rE .Iltare3r Jt } ma:':10V6 [][2 JE i.1t Er?n. .. b+ F 1- ' e ~+. =c c:'.n prnvu:.'.a, PJi:.ny p:acwa~ and a/ect~on o.Cten - "r ur P`:a Ea JE eha Fond ala-ttcr., -.".e d:_t'.:. b±ar: m.y ;~al e.. . or ;.. vonso Ldata .nw aiie premnec 3av a[al praci nc ea z+tab!i_Bee o. i y-•,. ~: :: 44 2i2Ctton pV[pOaa3 °h+l :1 c'3C[iba Cha pcBCibCC by rdCer EnCa LJ the qen<:+. '$ 40 L1RCt Wn ptaill?C'.9. ;::lb _. An a ~ r[<n b'.+ard cons is 5: and oc one :na P<c cur, tin.. ;idle ar~d te i' r.? .ppc tnted by rha Alau~tcc beard Eo[ ear:n pre; :nct. one c'eck ah.l: S ;d D i. Or.!y von,ars regts cer_A :^ the dtati'u[ are o1373D1a to v.-ter :. 49 L ; • the D~•nd el ac uon. i'? 49365. A resolua on caainy the eiectton shell be published once a ................................. ... • L ... ............................................ EUt-T. EIH BILL :EXT HEFGRT ~?1+u8/90 ............................................................................. AB 939 PA9E 73 Yeek for eh[ea sueCeaY ivy weeks an a nsYSpaCyer h+vinV' a gdnaml No i bo rd c i d 2 . r c a ia circulation to the daatncc and dealgnatad by Clts 3 ocher nOU.e :>E the laetion to rwqutrod. thn of incurs rt vo f ; q a r 49166. It •YO-thirds of the votes casC errs rn 5 ban Ae•1 lndabeedna 9 a/ proFOUd, Donda OE bhe dirtnct fOr Che aeouot elactaon ah}1: Ga taauad and Yo:d. th l ~ F iny e utlon cai a[aead to rha reao -1916'7, he validity 'C the bunda after [halt iasu.nce shail r:rc be 3 yuaar.oneC :n any court exeepc on the ground Chat the pro'natons of !. h:~ •_hapter 'athocte ny thai[ to uance are unconeCau[tOna., of "b y: :he lJ ray utr e~ Leanny rogardin9 the E-[e+t:on of the dist nct Yaa ~:..- regularly hall o[ pcb?e[ notice of at wa/ noC 91van. the [ a'm ~;t 'Eeoluuon D ll b • ;' , y DCaactt a, 49168, The ]stncE board sha ab!a at slier Llmn: nda shall ba a The D I '4 p y o the bunda and tnte[e/t cuuVVOna. lacer to Ge fixed by tnY d1/tC1CC board and des:gna[ad :n trl:a d c a 1 a p an ud on ens! era ':n ul .1 ll auu un ch ~ [ t d h 5 ib p erea on a bon s, cogqet er n n RE Ilia tntlebtad -sera hu been paid. Tha [an CE the Donda ;saved she:' 17 no[ excewd an v b 49169. The Donda aRall ba taaued m Ilia dwnoainauuna `hat the i % di/trtet board dK/ninu, excsPr thy[ ne bond anal: k•a rf a Jauumtnat!.e. :0 Rea than one hundred dallare t/100, o[ greater Chan ona thousand doll are zi tea oeo!. '!'he bond/ shall be pay+ble on cne day and at the place fixed ~n th•t ~a bonde, and a1tR lnrenae at tM rata apzeiEtsd in the Bondy, wh:eh : eta ~j shall not be In exep/ of 8 a[cant per annum antl anaa, aster ch.: E-._. ~ y. year, be p+ysble eealannu+l to 49370. TM bonds aRall be aagned by Ilia •hurpw[aon ~sC the ::;-cr vt ~7 board and counte[aigned by the county auditor, and Che anal uk Ina ?tl Atstnct board shall De aEElxad. Thw tntereat .:oupons ~ E rhz bonds shalt '9 be nuebered ^Onaeeutlvely and signed by rha county audl r,~t by h:> ..r hat 30 en Vraved or ltthoyuphed atynatura. ar nabue a ? on o o nters [ f Y 31 3. . ppe ure r C u iy ace[ rho/a aigna 49171. f any o the bonds cellAS to De an oEEicer baEC[a rha Aelivary oc rha Conde na ^he J3 purchueC hu or her atynat tits „r councaruynature shall `¢ as ~ ai.J .,a v d ch bends dtl d [ l h i 14 75 w[y t t u . e had remu ne to b Etca unti r a if ha or v 4917]. 1'hR diantc[ board say uaue and sell bonds at the Atatni: a• 3D not !asa than pa[ value, and the proowda shall be pL.~ad to rvha J7 treaau[y 2C the county. 38 49173. All promwms end yeti wd rnteraat recaty and Yhall De p}iA tnt:~ 39 the fund to be uud far tM payment o[ prtnmpal oE, and inta[aat on, rha ;u bunda anA rha remainde[ of tRa ptoceada oC the a+la anal) be paid t._.. ~~ 41 Ilia :onset+c[wn Cund of rha dia [rte t. Props[ rneo[da at Ilia i1 trenaaCtibna shall be placa4 upon the teak/ oC eRe county tresaurer. 4s 4v174, err the fund/ in rha cona[ructton Cund ahali be applied 4.1 exeluaivaly to the put a+aa and able2te eentiuned :n :he rRaolut: cn ~ 4e io COnatruc UOn fund ahail be made upon dam an ].: tbl Fayeenu frog t 4'1 auchoru:W Gy [he dtatrict boa•••••••••••••••••••••••••••••^i •••••••. ••••••••~••• • LF.uI-TEf..H BILL TEXT REPORT 0'/^P'9! AB 939 pA tt '1 • _>aN may, ?'t F':rat ton .t e)x months at fur t n„~r ~ ... ash-+r Car rho sam.. 1:~.t~.~' ~.Tr~., er ano;i c,^'?•..1 2luctian •t' _ , . . a 4 tof in -o hair ~OD ace ar ypucpose of Na daatuco' ' v 49176 !C b n b l th d d th ! : h d b 5 o a e een ea lie ae[ne< •n e precee• a : . a y e the Gala haw Daen axpMdad anC fha daacnct board, by reaalu Gaon pass e.i c by a vote of tro-tharda of all ifs sobers, detarsanes that the PuDlnr 7 anteru[ oc naeusaty of the tlaaencf demands the aaau ants of ad Ave: 'nai 0 bonds for caerylnq ou[ any of cha ob3w ea aE the daacnct, fha disco: t 9 Doard say again auDalt to the voGera the goeacaon of asauin9 adds UOna1 • ]0 11 bonds an tM acme ynn6 as Eor • Ea lit as sue. pa prov as!ona E this ch t r Fo fha issua e d l f D d B ap e r nc ax e o on an it ore of a, and fo[ the expen 1) pweeadr, apply to fha fu uanee of add~c: ana: bones. 11 4917. Bends and anfareat thereon shall b¢ paad by revenue Aer wed Ll From an annual faa upon the propertyY an the daaeu ct, and ail cha property m the daacnct ah all ba and remaan laaDie eo oe taxed for ffi oee :e pa manta. TDe bon da and th¢ an tereat thereon shat: not De taxable an rhea s ~L :3 491..^O. faf An faa lie of bonds as ne[eoy datmed to De ehe aggreqa~e pn n.appai amount of ail uE the bonds auchouzad to De aaauetl :- aac:;rdanca wa[h a proposal aubu eted to and approved by fha elactots ~.E [ cha da~tnct, but no andobtedneas as deemed to have teen ~'ontr a<te'. _ , uncel Donda nave been scld and dellver¢d and then anly to the extant >!: 3 r, l'.e jnnmpai upunc of cna bonds so sold and delaverad. .4 :Dt She dls tree! board issuing bends say, 1n eta dascreU an, drv.da JS ' Che aggregate pn ncapal aaount Of fha las ua an e° too or more da vaa:~ns or aenea and tlx dafEerent daces for crye Donda of saeh separate iavaa :ten or 27 „e nee. If any autho sized aaa ua as di vadad into two or mo[e d:v:atona or 25 ae nee, the bonds of each dae to son or ones say be made pays Gla at the 'u tame or Gases Eized by ehe des tract board, aaparate and daarancc from the 30 came or rases Eor the payment of bonds of any other day as:an yr aeraaa of )1 the acme issue. )1 49179. Whenever a da at[1et has issued bonds, an eta annual uratemer.t ?a to the beard of supe rvlaars as to the amount of money ne?dad for da strict l4 purpaser dun nq the next enf uanq fiscal year urauant Co uecfiJn 44140, ~ 35 the dfacnet bona shall lncluds, an addacaon t auc0, fha amount 3d 7 na ceraary eo pay fha punm pal of and In ureat on, Chou bonds gnat will M ti ~ in [h t l t l b t G l ) es ar p [ q s nex genera ax evy. become due a ore t 18 39 49100. I[ fha dla tract board calla Co turn lsh to tM board of suparv can • sueuant of fha aaount oL sanay nads¢ar eo pay tM y 40 ;1 eeeion 49179, pn nc spat of and In unit en Ms bonds a raquiud Dy S fha board o(aupa rvlaou shaft uca[uin that count and shall levy it 41 and cauu tt t° 6a cOllac[ed. 43 49181. The pnncfpal of, and inNraat on, [he bonds snail ba paid by 44 the cresuur of Cha coun[y Ln fha sannar praaeraDad by law [or the 45 prlnupal aE, and anceuat on, tM Donda o[ fha county. ab Artlele B. Ravuua Banda 47 49190. A district Eonad pun cant to this chapter as a Local agency 48 vathln fha uanin9 oL ana Ravanua Bond Law °t 1941 (C hapur 6 fcouvncanq 49 rath $eetion 5430 ) of Pact 1 0[ O1vAlon 2 of Title 5 of the Government • SU .. • C°ae>, and fha pro via tons of the a lar.ar¢ ap~llcabl¢ to rha[ dasenet. • . .• ... .. . .• • •..•.•. ....••.. • .. . . ... •• • . .. ... . w ~ • • • LEG I-TECN BILL TEXT REPORT 01/OB/9o .........................•.........•a..ta..................................... .. AB 9]9 .......................... 1i7Y.tetn8/l.r~~~_Liu~~Ty_.__ pAGE 75 1 ArLlcle 9. Changy oC Boundanea 49195. TM Doundartea oL any dLt[act try be rl a rat, and ou tlyan9 contlquoua tKtltory, rhaMar Lncorpontad or unincorporated, may be 4 ann.xed LurlWnt to CM Coruw-Knox Local Cavern asnt Rearganazataon Acc P T 5 of 1985 t Dlv a/on S lcoumclnq wlih Saetion 560001 of Ta!la e oC cha Oov~r[raNr~t Cods). C 3, F C 7 19200. 6rary Clinch ua or pfralt for ano collatuon, dae paaal, ar 9 9 des eructlDa or any coaDlna[Lan Maras t, oC garbage, waae, afLa 1, and b d i ( D r e s, aha 1 a gqranted by the DOard of aupervaaora enly under the terms 10 and condl~lona of this chapter. 1 12 49201. al An countyy say Dy ras of ution ado ptad by fha board Of. su arvlwta call f Da r 13 p , or ds fo ail/ ran tan L a Erana has oc arait, ¢xcluslva or pp~~ne[riu, for fns col~actaon Slspoul or 3u auction or 14 15 , , any edablp[C[6R tNc• ot, °E V•rDaea, wuc affil 4nd de rla, arcocdin• t fh d i Ri t 3 ' o a qru an Cond tions sat [bran in [ nao utaon, fora penod ef. e tlae net to exeaed 25 years. 17 8 (bi Afur ado [ion of cha naolution uraW nt Ca Dubdlvla`O (a ), fha b d f P ~ ~ i9 oar o mup/rv /ors shall c usttll Oo ba ubltaheA oq ca a wsok or two sueceaaava veeka a notiaa w~aaeb shall set forth all oC the Cana and 20 condlriuna In the reeolutlan and the [lu, date, and place Eoc the ~i racelvlnq a0d opananq at sealed bldg rD aeh )hall nuC Da aoan¢r Chan Eour full reake from dais at the fleae publacarlnn of ana nocaea. J :n Upon exa¢inataun by Ma board of auperv trace e[ cha bade, the ~4 iran<hum oc perut ary ba asardad [o tM lowst qualified b/ddar. The 'S 26 board of auparvlaora ay osCpona SM gran tang eE fha francnaae er Parmat Erom time to Uu ll ~7 une aT has had a Eull and enmplety appot hmaty !c ax~sa e eM f 20 n ser b of each bid. 49+, 02. Tha suceme eful Daddet she it f1! math rho beard ~~f Vupat of-~.r~, ° t io .n amnuni and nA~c ~ni ti~ea `pp nd oond l ~ n« y a n 31 a lt !he a d Ctt1Cl:het b :d au ervlea p ra. . 57 :~+ ... ," tar~ne ana-c onAie i~:, ire ~7.$~1ef,.hNfi tAd4v 4R~wC.~'~ad'!•~F*~';"nop,t~ 'a me not in ron[1i.t wlrh 'hao chantat, ' .~ 37~ 77r '~ 49204. A~baddar raY +n n+a or he[ -°r an<niar r ~~•^ b+•! .:.-~ '-^^- 38 anYy Propouawnv, n[u, and con dsu ens that •hye F+S^f=r *.aY ~1?=~•,. '' 37 at[eq at receive the benent Eros, vhaeh uy be :n add+n on to, nr +r. 38 <ontlier vlth, eh oat ap+c+f red m rhg :gaoh;n on cr adv=r•o a=d no':-= 3n ealhn Cct bide, aC they are not .n roof,-r v:th -h:a ~-baprer. a 4D 4925. Thr board of vtlon th araaC, aE 43 garba9+• vas b, o[tal, and darns, and vh uh rnced franc hsa ea or • 44 trots ppursuant tG pph at ord manre v¢n n•] afro ed ao nee or area of r he 45 bounty, ba exnntl ta+ t+rr of any og c1oa9 ^ane his es or perrtta ~.cr 46 only one addltlonal period net ex<ee da m3 ;.~ yna:! vr'.hom adv<rhatnq .: all+ng Eor DSdv as nqul[ed ty as%t:.n ~ ..J., :f all vE 'he rcllovsn.; Ytl ccn d:ti.,ns ezaa t: ~3" ~ar '3: the county franc h._.a p<: ;: r. vt;',re :.1 -T FCH a! '~YT REpORT• •••••••••••••••••••••••••••••• /J9/9C •• ••••• ;,- -..... ..... . ....... . ~~~ninal;Poor_Qualfy~A~.~: ; ............ F r...;: iaa that the board of dupervra ors may ~c,n cr cl the ratae to be .haryed cuafomera by the Iran rh+ae o, permithuldaa<. Va^n Urs'.and:nu any. trt, v. a wrY •. d.n once, thro boor ~prrvu.ra aha:i not-sne rr riy on •na pwpoaad mcr e.ae ur :stet. F~. t!. ^s:: _:: .:[ i. ha army regmred by than paroyn ph shall 6e ab of the Oevernment ~ od.:. :br The "ranCh+se -r rose pt opoaed [o be extended vas yran•aA •0 rte scv -n rpL ante vath the requuemente Eor callsny and adveRsmc Nr 11 beds and award to the lowest qu als E+ed bsddar pursuant co ^ertton 49.J:, .rid vas ,the n+ae yr: rted +n stn ct cospL+n<e wseh Ch+a chapter. 1] t,-: Tha franohisa ur permit proposed to De extended vas 9rantad on a 34 nonax<iu a+ve bass, so chat the board of auperv a ors ra not precluded from :5 yra many addsnonal Eranchaaea ur parmus co cover the lama arras it, :n 16 cha ;udymant and dta err non of the Da and of superva rocs, the pu bll< ' d td: Thr county Eranch+ae or peoat ordinance aufhonzes the •ouncy i? audaor or any other qualahed public aceountane to audat pe[aodually ..0 the books and records o[ the Granchive or penitholdera. '1 l' 4. C d D C 4a 300. She l+glalative Dody of any incorporacad c(ty ray contract foe '3 the ro election o[ dlapoul, or both, oL garbaq+, waste, refuv+, rubbish, 24 .,Lta 1, to uingr, or other rstwe utnr under the to err and 25 rood i[aonv that err pro cubed Dy chr legls Ltive body of the city by 26 reso:u taon or ordinance. C 5. C R D 27 48400. No city count Y, dla tree t, ar public or runic tyal corpora 4on 2d ah all acquire •nb oprrata, or cause co Dr requited and o era Crd, a durp '9 or a+te fur the des pov al of garbage o[ [etuu, or a transfer stetson or 30 t list tion print Eor gecbagr or raEUa, with In a caty without CM convent 71 of the caty counml or wtC hen the unlneorporated aua of + ca unty uahout 32 the tonaanr of the board of aupervasorr. C 6. S R EArcacle 1. • 33 DeESnttionv 34 90500. Unlua the context o[hrrwlaa rvquu ge, the definitions an eh+a 35 sr C+cle qov ern the cone [cue tion of Chla chapter. 38 49501. exclunw solid wa to ha ndlanq vet vie ea" me aria an action by w a lac al agency, whether Gy franchtu, contract, 4cenr e, pacv+~, or 58 oth ern ae, thereby the agency uaelf or ono of rota other local +.•. ~~~• s9 or volid wau rn h[prlua hu the ev~:.•cl^- ,:yiu w Pro vade solid wa~ale 90 handl+m .--•••-~ ~ „ any ciao or type vat hin all or any part of the el tern eo[y of e6e loal ar~~ncy. 42 49502. Loeel agency rranv any -o unty, city ar day ersct having the 43 authority to prdvl s Io ld waste hsn dlsnqq +a evicts Bather Dy [he a ancy 44 rtaelE or Dy vuthorizlnQQ o[ p+tu [n nq otfi er local agencies or aol+d 45 ware ent~rp[lIN to pFOVidr soled wvte handling servlc ea. 46 49503. Solid wertl" runs all put[eacabla and nanputrasc+ble ac lid 4'% and suirolld tutu, Lneludtns garbage eras D, ref oar, papoc, rubDSa h, 4d aahaa indur trbl rotes, dealt Lion and conrtr uction vaatea, abandon ud 49 veh w(es and peers ChrrroC, discarded hou and snduacua: appliances, 50 manure, vrgKablr or aniul aolad or aauaalld vase s, and other ........................................................................ ........ • hE0 [-TRCN BILL TE%T RSPURT O1I08: 4V . . .. . . . . . ... ... ...... . ... AS 039 '-' pAG6 T7 1 discarded solid and serlvolid waatee. 49504. 'Solid wan ent+[puae" reana any tndivid ual, partners h:o, )oinr venture, unincorpor+Cad pnvato organ canon, ur pcrivate 4 torp9rataon regularly engagad m Me burins,, of pcu viJ Sny anLd w.aate 5 nandlan4 aervicev. 6 99505. Sold waste handltnqj arrvlces" ma.na the r. llact+p n, tranmparCa rte n, storage, transfeC, a[ yyrocefvmg of. vo lid wastes Eor z rza:de ntiai, courroial, am u[u tloMl, or induatr ul wau or 9 cuetomero• Artltle 2. LegssUtive F+ndinga 10 49510. Tha La ulaSUC+ Einda and drelaru as Eollowe: 1/ tat Although Yecal aq+n<io err authorased rn furnish aolad was he .` handLnq aer vatu, an ek nnasve pater of th+ state ao l+d rata '1 anC Vrpraa+v an furnlahlnq all or subanntaal pcruemr of neteasa ry .?.:I r: 39 waste h.ndlinq aKVttes. l5 ,br !t rv in the puDlac lnnnat Co Eov Cec ..rid gncoma a solid oast? is anrnrpna+a ao chat, at all tares, rhern vsli con trnur• rn ~+e rnmrnr .+.. 3 7~ ~K-~ u enrarPnua 18 handllny sat 19 49520. IL y 1U liwnsa, Dante, a solid p P 1 hand LSnq wrvicu and chose saty Stet have bam p 22 [hna pravloua you, tM soled wore entarpnae 23 those aa[vicas uD to Eiva ylara after •+ila no!i 224 raab antarpris D tM local having l~rn+ 25 solid rat! han~lliYq aarvmu be Provi ed 2h the solid raN anterp[lu hu an exciuslve free J'1 iL Cn@ a@lld Ymata lnClCp[1a@ ha3 3n JxC11131Va _`9 th! so Lid watt enta[p rite shall continue r' p[o~ u shall D! omited to [h! urezpued term of the -on •h lug de • s JJ E:ve vu ra, uhi. aver as 31 49521. A solid rests enrarpuae proved :ng solid uaa to hanOl: nq. "t~ rer vrcea is aubJ ect to Chu chapter only under both of the f. ol7or:ng s3 ~ ond¢wna: >; .a% Tha sarvicu eE the io1:d waste enrarpsae ace 'n subatanUal s5 ~:ompliance with the terms and condiu one of the french a•, contract, .~ _ •r ;.+rm it, anA meet •Pe 9ualay _.^.d E:aquanry .:L 3e rv:re_ y '9 'bl The rates chacq@d ~tY the enterer Sae maY b2 pre u.'.:a=:Y cnvi.w _~:i 40 and eat byy the Iocal ayan<yy. ;1 495 J. 2. Pnth:nq m the chapter aEEacta the ngF.r of a oty Coilon r.q is annexation to Carman ate for csuae a E[anchiae, contract, :u:ens@, or 4J perut held by a solid vote sore rpprata euthonaod by the county. q4 49523. Any lot ai a9ancy or sot t.7 rests nandl:n9 sorer pr :ate may 45 conerac e, upon mutually tau aEactory terse, Eor the termmauen . E as 4b or any Ppart of the Dusinea• of cne so1W wore wtarpuaa before the 4'1 expiration of the penad aPemCiadCi7 SB GAnc~li5 L G!n•ral 40 49 Provluona 50 49600. No parson shall opera[! in.an yci[y or corn any ruatory Eor ••••• ••LEGI•TECIi•BSLL TE%T REPORT. •••••••• •• ••• ••••••• •• ••01/08/90 ~ • ...................... .........+.....a......•.................•............... _ //~~tt,,.,,aa ........................ ............ AB 9]9 ................... ........`/t L-a~.ftt~..~~~1~ rp{~~p~f~~^r PAGE 78 i Gha daatruetion by tics heat o[ arDa9a, aaRf,~. nr othm[ ratuse otter, except a rovadad in eh4• chapter. »"la j 49601. No craasgory duc[Sbed m Saetton 49600 ah all be o .rated in ; thu at eta exeapt In + sannat rhlcn w3E1 pnvant [M Dcopaaaa~ion oC 5 dla use thto uyyh contulution of th! at^ospMra of any caEy or torn by o the 9a mt or fumes trio nq Eroa the rota or ovens of the crematory. '1 49602. Every parson who bu[N by Lira heat o[ ducroYa by craaation 8 any gar Oaq•, as Sea otf al or other ntusa titre[ in vio atlon of rhea 9 arfida 1a 9uLLty of a siabuuno[. 0 Artlela 2. Cruatlon of Aniul Rafwe it 49620. Any pa non vho dutroys, or rho attlapta to destroy, the 12 camass~ E any dud anuaL or eM aEGl Ecos any alaughtar pan, ~a ..: hureh•t shoo by tin rithin ona-toutth of a •11a oL any cry, i4 torn, of village, ucapt In a aruawry rno!• aura.. u....u,. .~' 'pc: at._n 15 era ucuf wtory to [ha board of hulth of tM city or the hu1tA oEEleer 16 at [ha torn, la aunty of a aladauanor, punilhabla by lapriwnunt in 17 cha county )all tot mt ton than ant Year or byy Etna of not more Chen 18 one ehouund pilau ta1,0001 or by both that Eana and lapriaonaent. 19 SEC. 2]. Saetton 45003 oC c{ra Ravnua and Taxuion Coda 19 aaended to 'U rod: 21 45002. Tha collaotlon and adalnutunon of the Cea referred m in 22 Saetton 45051 anal! 6a gova[nad by !hs A•Eimtwna .o stained m Part ~ 23 <couanelnq_rlth Saetton 46000) of Dw ufon .l0 of M• PuDhe Rasourcea _ _ .._ _ ......i., .~..,.~..w.n by eh• e•Einltiana oontaan•d m that part. SEC. 24, See[lon 45009 of tM Revlnu and Taxation Cod• is rmandad to road: b poi~d9 by 9a~~lon 1630 of Ui l~uDli enRuourcurCuda Pa ynt of a tss SEC. 25. Saetton 45051 of the Ravnw and Taxscinn Code is tended to rod: 45051. TM [+• aA owQ ursunt to 3ectinn 46901 f the Public Resource Cada aha31 ba aS^inutarad and coliatb by the board in accorilan<a with Chu part. SEC. 2b. Slc repo 45101 of cha R•vnu• and 7axauon Cada ie aaended to read: 45163. 'v sty pecaan oho opaca[ea a gelid ras to Iandh it r• uuld to have a aolld rota Laci4 tlu pauit pu[euant to Sect ron 46803 of the Pub11c Reeourcu Coda shall raqu br rith the board. SEC. 27. See t3on 45151 of. tna Raw hue and Tax steno Cod• is au ndad to read: 45151. 2na Eta aollaccpad and ad^lnu tend under Sertlon 45053 is foe and payable to the boarA annually nn oe helots July 1 of each yur. Each Eee payer, on or 0•Eore Marco 1 a! mach year, mall prepare • r• ort for the ncedlnq calendar yuc, In tna Cara preacclbed byp the boat ahnwin) the 4ntnr^atlnn togWr• to be reported Dy art wn 4b90] t the !'u[l_~: Resource lode end any other infornar.wn that th@ board rpeema rte<4-~a,y to <arryanut rhea Part. 3 7 ~ ~~~- rilTinO and t3nanmally able [o fur oath neede:i so ud waste vacea. A[t3cle 3. Continuation of Serviees a local agent has authonaad, by r.ranc hit e, •onv mc, raaN enter ns@ !n ro vide aeLd raa!e or agent are t r, L J ". y r '. iv Thf fb payfr ~h all deli var :he rePOR to the office of .he be?rd on 50 or belo[e March 1 of each yea r. Ths a pxyst eh all deli+er ? • •••. •••••,•••. ••••.••.•••••.•• • . • ••~•~ LEGI TECH BILL Tfi%T REPORT pi/OB/90 •f.,...•.•.•aa •••...... . . . .. .. ........... • AB O 79 ~a ~ja~ 939 ~:r-WI Vfua~l~ PAGE 1 resit[ ante of the ~munt nE taw as eased pure a+nt [o Se~[>on 46a0~ of the Public Reao urcea Code t0 the ~f i f th 3 . ce o e bo and nn r before e Eollorin~ ]uly 1. 4 sec. a. sacunn 45855 OE the Revenue and Taxanon Code m amandfd m S re ad• ,6 45855. Any in Gorman On rigs ding solid paf tes rhicR is available to the board shall be made ava):abl¢ to the .aliLOrma In regr aced 4aace a Hanp.iem..ne 80ard. ~i sE%. J9. s'eOn>n 4SJGt >E ~Ae Revenue and Paxac un Jode 's amended ru :0 .. ' rea ]: at, and penalties `mpoaad and f?? raga:red to bn psi] to the aCata purscant CO Seen~.~n 45051 shal. ..P . pair ro the board :n ~~he --.im E ramit[antes3ayable cu the State 8v>ri .i of _yuaaza uon uE the Sts to OE La LEornia. "rt(a board ha11 rr~ra m:: _ ~~ 5 Vayma n[s ro the Tre.a urar t0 be depoa it ed in the Solid Naate 7sspos a: l Site .¢anupp and Malnca nonce gccount m tAa Solid Naate Man agesent Fund. 17 SEf.. 30, SecUOn 45981 OE the Revenue and Taxatl on Code :a amended to :8 raa d: 13 4598:. ;a) The bo and ah all provide any lnLOnanon obtained under ~0 21 [his part to the Ca1lEorma Intoq[aced Nae to Management Board. f tDJ Th l E N s a i ornia in!egrated aate Management Board sOd the board [ 3 maY utilise any mCOrmatwn ODmimd pursuant to this part to develop d h 2 ata On t e gfnar atlun Or disVVOaal of solid raa to with In [ha 4 state. No[wlthatand muq any Oth ee prov(a ion of thu •h apteq the 25 CaliEOrma Integrated Warta M:naquent Board may sake wash gfneraclon .2ti and die peal dau av ailaDle to the pubL c. 27 SEC. 31. Section 95982 O£ the Re ulnae and Taxation Coda 1e sanded to [ IB [a ad• ^9 45982. Se it her the Califurn to Integrabd Yae ce Management Board, nor 30 any pe uon havinG +n ado naetu Give duty under Part 9 (coufnclnq rl[A 31 sac Lion 15600) of Olv la ion 3 of Tl cl+ 2 0[ [hm Goverment Code eh atl 32 distloea [ha businoa a[EU re, Operacaom, or any Other mtormatlon 33 pertalm nq ro a Eee payfr which raa euDmltted to the board in a report or 34 35 re. turn req ulrM by t u pa[q er perm It any report e[ coppy thereof or any book oots min so ts c[ b tl h f 36 t q y a e or par euL[a t ereo co Df scan Or examined by any person not expufmly autha[i2ad by Beetlon 45981 Or th/s 77 seen cn, ore wr, ehe Governor may Dy general or special oola r, J8 auehonse fxastnatien Of the [eco[ae ma mtained by the board ands[ :hie 39 40 err by O[h er state oth Oars, by o[tlcera of another scat e, by the ~ d • a era quvecnment iE a remprecal arrangnent exia ca, ur by any other 41 42 arson. The mlareatlon fo obuined pursuant [c the orde[ of the G h ll D dVernO[ e a not e made puDlte emept to Che ex[mnc and In the 43 unmr that thf order uy authorise that It be made public. 44 SEC. 32. 1U TM LeVielature Eindm and declarsm Dy this act that u 45 has exprsaaly raPfale,! and not rseMlflaA A.n ~~.. . ,....__t--.-- ,; ••, 47 dd/uw, ~ (couenclnq r1[h Section 667301, ~ (couincingv r~Ch >ec lo c n 66740), and 5 (coaenm nq rich Section 667501 of Chappter 48 Ar[Ielu 2 (comunelnq ri[h Section 667801, 3 feouencinq x1 cT Seetlon 49 ~ 667851, and ],S (couene{nq rich Sec non 667881 of CAapptfr and Arclcle 50 ] :OOUenclnq rftA SmotlOn 66796,451 oC Chapter 3 of T[tle 7.1 uE the ... • L .•........aa.easaaaa•.a.aa...•..••..•f.••.....•..•.•..•.•.••......•..•....... EGI-TECH B[LL TR%T REPORT 01/08/40 .. .. •.•.........a ...................................................... Ae 979 ....... ...............FACE BO GoVf rn pot Gmd1. 3 (b) Except a expruely provided in aubdivuton <a), cM Legle ta[urm dfclare th t th l 4 f a e rscodit ca [eon of the balance of Title 7.3 (commencing rich Se<tioR 4GZ00) of the Goverment Coda b this act is co tl [ S . y a n n ua ion of, and no[ • than • tu, axis clog law. ~ b (c) TAe Legl sla ure declerfa [net by tnie act It has racodlEied all 7 8 of Chapcerm I (aommemm~g rah Section 4100) to 3 ecoumnc)nV with Section 4700), inOluaiv e, Ot Part ^ (commfnclny rich Sec cl n 41001 f 9 o o Dlv is ion S OE [hf Health and 3aNty Code and [pat all provisions era 10 con hnuation Of, and mt a change tq axis ring la r, In [he event OE 11 12 any conflict oc intone uteney Decrean the prove tone a[ Da rte 1 (oOmmsnein wl[A 5 13 qq actlon 400401 to Part 7 (eommaneinq N1eN action 4.0001 incluelve d F 8 14 , , an art (OOUencinq rash Sfc[ion 48000) of Division 30 ae enacted b th t t5 , y is ac , the prov ulo ns of Parb I to 7, lncluelve, shall revail 16 37 p . oi) On tM etfec[iw data of this sec non, the California Inregrated Nastm Managbent eoand shall t l tl 18 1 a r c y impbment and ..nlorce [he prow alone of this wt. qll artlelee +xprfsaly ropealed by thlm act 9 20 shall cn Me afffctlw Aate oC rhla aaetlOn, gave no Eoree er sCCoot. SEQ 33. Any sectio f 2,1 . n o any ace enacted by ehe U9ie lature diipinq the 1989 etl ender year which take ettect en Or before Ta 1990 ' 1 i 22 nu r , ; ape which amends, aaends and renumbara adds, or r¢peala arse Jidda a act [trn 23 rhlch is rspealed by .,actions 3 to ;1, ineLm ivf >( this act ah all • ]4 , , prevail ever this act, wMrhfr that act 1a enacted error t0 or 7.5 , dU brlP gU¢nt t9r this aC!. 3 7~ ~ ~ r-'~ ~ ~, a m .SCC. 34. (a) Ih. 27 autelelent nu War 2B Mute Manayywan[ 29 40400) Of Pirt 1, 30 ottiq to t[awaCt 11 40410 of th pWli 32 Managwant~ 33 4aab Nmagawnt' 34 (bl Exewpt u ) 15 the Califo[nL In0 3ti vaated nth all of 3' cM Cal rtor ma Raa 3n SEC. 35. a is t 39 1260 are both ena 40 is enacted af<ec 41 Vlth SlG CiOn 40001 9.. antl Di vision 30 K 43 Reaourcaa Code D1 44 raste Nanageaenc 4` ur chp Public Rear ab Thereto[e, it Df 47 enacted last, this 4B of both bllla ahal 49 tcoaenclny rath 50 SEl'. 36. Tha C+. • LEGI-TECH BiCL SE%2 ..................... AB 1 3 4 5 6 7 a 9 1C I1 ii 35 16 17 'B zu zl 2^ 2J BILL Not t other orovauon of thra ae [. ~~nti! + htornu 4aaN • California Inteyraced ~PUblic Resourua Code, a uccreda co and :a teCa, and esplo yeas of t, of thin ball and SB ry 1, 1990, and this bill KO 1 ball and SB 1260 ara en acted and th as bill ~- as not p[rvail over SB 1260 nd chi provisions a oYer+tave in • sin qle, umElsd Division 30 40000) o[ tJae Public Rasou[ea Code. a lnte9~atad Nas Oa Managaaent•Reoyclan9 Boa[d ••••• 01/O R/90 37~ ~~/~ rep a:d e • ra a. fy. z. ,,:`§:;a ~:~ p ATTACHMENT ~ 37b Dov ~w ~. :, 9artfr day, /99~it. • Mayors, Councilmembers & Appointed City Officials ,„,,;,„,,,~,„, FROM: Denis Hayes, Chairman & CEO, Earth Day 1990 S1,BIECT: The Global Cities Project EARTH DAY 1990 Earth Day 1990 will be a global demonstration of citizen concern for the protection of the Eazth. Its precedent, Earth Day 1970, was rho largest organized demonstration in human history. Ten thousand schools, two thousand colleges and universities, and virtually every community in the United States participated, Congress adjourned for Earth Day 1970 so that members could attend events in their districts. Media coverage was extensive. All told, more than 20 million persons participated. The fvst Earth Day helped prompt passage of the Clean Air Act and . the Clean Waur Act. It helped move the President and the Congress to create the Environmental Protection Agency. But neazly twenty yeas later, the Earth remains at risk. C.lnl„t d,...,:.... __:, ,uiu, ozone notes, rainforest destruction, and other eavironmcntal problems threaten us now more than ever. Today we must again renew our commitment to protect the Earth. Earth Day 1990 will be the produce of a huge coalition, reaching far beyond ezistiag environmental constituencies to involve the broadest possible cross-section of society. Iu Eoud of Atrectors includes tap bus~pess, media, religions, political, labor, academic, cultural sad envvonmental leaders. It includes Senuors, Members of Congress, Dovernors and Mayors--both Republicans and Democrau. Iq spirit is inclusive and non-coefrootational. W~ believe that people working together caa ages r inin oa__,wF• .. rnp-tsh eatraC. d.L'ui working together.)~})E~ op y v199p will be oioosApril aro inPbe enclosed a brochure to give you more information, fA.,NO,.IN. f0, q{M SiMIO~p UFM~yn UYIO~k4N1N i33Z1kONL,n )]I•If1~ Mi: ,If gLUy 36pk(r:LVfl,p+ 3 ~~ ~~P e ~~. u BO+ROOf DIR[RORy `[YIy n+LfS pA<PM YSDLR nLxL M<CLO1NIY oxr AMMl N[XM[}N+[[qI a....,.u fi.:.<. n >ti[[A A [[[t[ OYIN [I[[(( •v r .. +.u bnn xGTNG L00[X . .n h'w ILO[LWAL lat WOtl1 .Ira< ,,, .,xY, cNrN.r MCNtMAW[ T[[n WIRTAO OMD[M[l v... L ~rlwN~mm~v towlNOC /fOVN u :.r •:.,... a.xrN M1nY =[STw w[+L~..~. umw. rr:.aN h~•n Cnxn~xr q~•n ,.L IIMMY[MILT '••••• f~r'N wwu O.auw pVTNGMN .~, uEn. .~•rx r'x Noxoufu NNOL x cxA/[a . ~.<' un s•NN NI[NA[LGty[ •.• 's in.NMM1 LN IOtN CIIJ[[OO[ :., ., R.xc.IV~ NoNOUfLLAww[uvrd nr~ w1 M T[O pt[IL01[ ~_ r:..rn.N.LNA.n.t• avN c..NY, +NOY OLLVTfI .ua uc enNNVOmrN a NRc slang. [nu ~•MM Sbi4L'vW A.MyCSnn IOMN ILMOILpr[ .. n o-mr. wIY A.n•... pin t.._• -..~::sziiT:v.IAIAN ;.iWnryNVErnI MYI iN[YCM . mYr.r q•. y SI•nM'J•nmN -~''=o Nr<N+[L LISCNLY .:LOg4L lRAMgiOx IL rOYOgq/LL+L[LRi Cag6 o+uL CgoMLv IAY BAI[ mn.v UOONNA NN[Nb • .r. . rtrl b..au..lrn^v..y xANa4NAYn NONOIG[L[IONF M4Nl LL[tlNNIINdN wGuruM[enir~m Nmwa IM[NN M[n111LL ~rrtlw N MYm ' E~~.•.rmlxlw wC:Y NM[INOrTM{00011[M. NLfW[GM o.rry,•I ENnIn ~r.rnry n Mn G.r xONO[ALy IIM MN.XTOY[/ • Cw. ,v 4unve.n nNAlwfforL Eae.r D..nt+gnn +nn4 LIVn[ntYIpHIA[[X1N n gn•IIti+Lv wn NNV al<A ucnoxW '.r,.wl,u,uv xu[~roNNfpN q•Mtl aNlnr NoNVUwRL.rN......_ E[[DLLR a..u[nn IYNIYgw45wu Npq[NLY NNIF klLn . nl<I YanSw roc[ [ Rou[nn Y .u•rA,..Nww."n~ A!d[MkNT m0.nM •n Y.Mrv fuM uN [rVlf L[AR CJ~NtrM EUrM•r•NI4Nr 4x<x~w YV~ Llp wUC ]+LnN bwr•mllPrnrury NONOLNMIwNN I[Ylf xn•n x'.. [ANnLOwx IKxLO[!N! Errtxlrw Wnur IyNUyyl. yLN< cN[wlil<ICylh r• r.LY rlwew LlCNlq +.rrvwl S<mtryY4u•r AML SnNpw• I•un•Iw +MOfIf LVMTfL IONM Vail Nn•rr IWnLY YILR MNRA~rID VnoYn'MM AwLUMUM NONONM(C[0[OLI MIKSILLL .r.IN yM yyLIL uE+YOq «eLNU warov I.OYJgA[t[L[0[RICp iL'I+ RUSSILL V[iM1Cr ,u a .x\RU I[f[gLYC 4[155 UY'gAM[~RCCnRLIL[ YIR[ [(IS[LL[ ^ +u RNIX IFOf[M MONOM[L[ <lAV dn[ XNHIIOR NGN•ni STLMIN L(NM[IOF[ ' wY nIW wlavr lnryr.v 9rv•rt• VIK.IMN XOTT Cuvm• lrntlr lpm~ [r. n:..r..n::v.ri V[tt[Hl1G.WNN '.er C.rmrruanrular GufAV1 fMTM >,. rNN q<n,.n .~~.,.,. IwLLKLfTFON[[ LuIM I[IO[X3VTM[[4MO ~>~. c..v.NN aq..L.N IIOMNAW I.WLf [. TMOM[fOn q L'T[N' nlw.. .. ..,,. a•-N, NoNOLSW[rwRRnuau .. .+P•m IANNSNr(NN{a FliurN Vvaw• C IrY 7+r `watun[fn[R .. NoNO[Aw[nuorxve v1erN In L•rn5rv~x V[lMnnM ,.cw N.NRD~•no.~ .. raN.«<,N FJq F wON6 East trnv iNrb•n<"ar+rw avro arNa aw [J.. Yi1r w. 37~ (~QQ The Global Cities Project Citie$ have an impottant role to play in Earth Day 1990. Cities can and must make major contributions to solving our environmental and natural resource problems because they make many of the most important decisions that shape our environmental future--decisions about land use, transportation, solid waste, wastewater treatment, building codes and more, At the same time, Sides have a vital--a literal life and death--interest in a sustainable global environment. Cities are utteely dependent on a sustainable flow of resources from their surtounding environment. The desvuction of that environment will ultimately mean the destruction of cities. But on a more immediate and practical level, local governments currently operate numerous programs--ridesharing, recycling, energy and water conservation, hazardous waste reduction, and many others--that depend upon widespread understanding and participation of citizens for thou success. Earth Day 1990 can make an enormous contribution to building that widespread understanding and participation. This will make many existing • city programs more successful, but even more important, it will help protect the vital interest all cities share ie preserving a sustainable global system. Earth Day 1990 will benefit cities and cities should therefore contrih~,r. ,., the success of Fnnh n... ,nnn and managed by Earth~DayV1990~in tcooperation with tU.Ss c'ti~~ It wit encourage and assist cities to create local projects that will both support the goals of Earth Day 1990 and support the specific programmatic needs of individual cities, All tides in the Uttited States aro invited to become members of The Globs! Cities Project. Member cities will receive a guide to participation that will include a menu of projeci ideas as well as prscacal how-to information to assise in orgttnizing specific projects, a newsletter, attendance at program developmen[ seminars, access to a technical assistance exchange, and a final report of The f3lobal Cities Project for distribution to city laden. Projec.s Wl^ bE encnursged Liai will nma:ri. ,._.a__ cities--either in the form of `---~~~ ~~"`"i bCOeitis [ot the participating or in the forth pf oew o0 oinarmanent improvements to eaistiag programs Enrollment Form for more detaledgrtnformason on theoaserviees torthbe provided to participating cities. 37~ ~~~ • Membership .Enrollment Information Cities rnrolling as members of The Global Cities Project will receive a variety of suppon services. These include: Protect Planning Guide. Each city will receive up to five copies of this loose-leaf bound Planning Guide. It will contain a menu of project ideas and in`~rmation about how to select projects that will 5t eaeh particulaz city's resources and needs. Specifically, cities will be encouraged and assisted to plan Earth Day 1990 projects that will support then existing program efforts--such as ridesharing, recycling, energy or water conservation, hazardous materials, tree pleating, etc,--or that will help them launch new efforts which meet their needs as a city. The Planning Guide will include a wide variety of tips and resources to assist cities in implementing the projects they select. Tha Planning Guide will be available December 1. The Global Citlea Newsletter. This newsletter will contain information on the growth and development of [he Giobal Cities Project as well as additional tips and resources. ® Project Planning Seminars. Projcc[ planning training seuions will be held in major cities across the United States. Up to three persons from tech participating city may attend these nne a.~ ,___.: -. TL~r will ire ucsignetl to build upon the information presented in the Planning Guide and newsletter. The seminars will be held in early February. Environmental Program Referral Scrvtce. All participating U.S. cities will be members of this information exchange through May, 1990. Each city will be asked to describe how several major eaviroomental throats are likely to effect they city, what their city it doing about it, and what their eity could comider doily-about it. Euh participating city will be provided with contact information for other pariicipating cities whose problems and programs provide as opportunity for collaboration anti cooperation. Final Report. Each member city will be provided a:'ih np to tan copia: of as Ci7ob:1 Clties Project Final Report. The Float Report will devil the activities and successes of the project as a whole. ,~ 3~~ SSS .. ~ st: :z: .. ...N 1 Il . Ylf;i -.1!i13.;'•;Vli•Y,IY '4 YI.:::ii ill'.:fd Vn e:x _ . ..riV' . .. •cYauelt axXnm MEMBERS • ;fproR; Icwnu pxx.wxs ~ Irronrt nprr . !pp uLttn riYX(~r 1e1CV Y:IVIf Lf IA r.i ~+ t~[111 3(tli • rOXCI11lf:CXX IFNIS .`N(M R'~flfl ~~ 31r11'~;.Ift •;YGUnt bX lu Oyl yY:DAExt .Iw _upxfP . ._ ... (CNUN54 ItONY ,t . . 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Nf •itp•rutNu .r ~ .r ~.r Y1111NS XESYILL sn >.n vV. f.aVa.( . NONDWI(YpyU01LL vmfa.+<+r•u ifYf t(FOINFpp01FY Hlf1UNiX ~5 4XNR1 ."-r ~.~ r r..., m.. F4v Vni hXUM M'415w rOx0111tF LN xI4nl011f1 NDp1.Ig1IIYpiX1lNMX __ ,- _nvlSwrLm •~~.., 'xI NOISON 90NNIplI - v.i Lr widoms, efvuFN01(fSlr4tfOX~ ~n..++w~w Urk+•n.Y DxY nwc xES qO 01X1 rNISpN r OIYIO nNI V .. .rt.~~,. ~.. ..,,m.~m. PA.n :~ G L O B A L ~~ A d 'd i 4 ;, 1 Ur1~1r78~ ~OCIrQU~, , A C I D R A I N O Z O N E H O L E; R A I N F O R E S T DESTRUCTION ;! What on Earth can we do? E~1'th DaV Arni1 77 100!11 ~ ^ 3 s f %1 V 1 {% A t V .. 'f n l n u H f I Y Y U 3~~ ~~ y . , ~rE9inal F -' - - . - ppr Quality MUSIC als osa c' ..r...-ni.'.JI:J ]!!(1 :w:.CC~'At:I :Ia\r .;. '. .:_ar,- ~ . .. ..: J:: .~. n. .rif:i2 .C1 :: .::.:] ~..>i. ...n .rte.. ..i .... ':~P'(:n^.:ii":.25 ]^~:: a¢_frvY . 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CELT BABIES ^PCCr1:1 ^.YSCng 2^,;'dCn6e.".UI gLiL:6e^i.t5'J nvoieuhc broadest a>ssleie;: osise;^,or. ^oa°:_,~ . .. ~P '.+OC `d; e^..'.geC } 2liatl : i ;c2^P:CeS -ap'S vtt ,000IYee' YCU :]n ^,JMe ] d12:P:.;P '.'r. ~ ;]rP ]`C:: r. e E]en °u', n-.: ::m ei :"e e::em 6 .1]G :rf'a C•IC :l.nm.q apOUt LC". logical \a:Le9. :03et :nv0iced Jr ana Jlt mCre CJnaa L5 ]t ..m,.ns.r:'.T.3nd(".e )Ct:Oni 1.^,a[peCp'.e;a^, mke EArtX W111N iFIFIMOME N:f 11L:410 n;oe:r ^CmeS cars campan:es ]rd :ommumnes to rO IOFU raa 45111dON Dane ] :.}arenAP al'^f ~^.tlri.n Te^r stANFOFA UMIYFRSIII FfOXEi FAOxpAX UlIf0eN11 AapS RELIGIOUS EVfNiS >rewarusmp of the Ea r:.^.sasmong roper oiad major -cugtens Earril Da\i9ou se<iu part¢Ipauon i;om a:i:el:g:els groups and encourages rhem roded;cate I WANT i0 GFi INVO LVEO! ,Pr^, tors aNrr temces tC:n\rlanmentdi:SSUPS doting \ -Ord me uUnrmarwn about organ~:n¢ Jn y tae week ti Earth bav :a _^. pry I~Ycen: m my mmmcmrv r • CUMPU iER XfiWORRg ^ridd rarmyour marling hst. '.rw;rhnoiogles provde mnesanmand affordable Enclosed Is my rnam.h::..,,,, nr -'_.. „y p..'num0es v\:m tcc~<C ,_: SIJ gludcnc Senior Furh Jav ;99J haz des'~gned a buiierr. board s)s;em ~ 4'' S Indlndwl •n ae;emmcdate ad Farcn ^ay :v90 azo\ires. ) ~ iAl Conmburor 'rgarucers:an z.r. alto canna wvh one mother. / ~ qpG supporter .nar.eR's.;emrenon ena ideaz for rents Urcchurcs / :•e sipr:5t',LatcC 3rapi:lcs designed by Eard;fhy ~~k willserd \w the Earth Cavnrus..... a^" .~l~li .;c kx>m,,nsnnev'Ua win :o the whole na~ add you to our mnLng.¢u , arrR.ahereiaal groups wn,udestred. download ~ r.., ^.ntl;iv d:em lppruprnteiv prnt and dls:r;b. Wr - .:nnfm , ~ ANm\ GRFfN At11RE ....h:r,R pmodes an easy way (ar laroe numbers to , :fmon<;rue snlldartty On Earth [hy pmple;u~ y a _.:.,.ragfd muear green a:nrc to show thou tom •.` CJ 3'?~, V U 1/ a i ' Original Poor Quality ^. 1a~ JnC :: C'_:il . _. .. .~, •:a. .:•_,, mar -c, ., .' .. ... .n.. v .ea ^. .._ .? i~2J..',: J::: T.Jn3f:-.er6 ue']a[•t'o • . „_„ ~e can :e :hbrof!uoroca: cans-'.r:eh _. ~..ccre aye: and:cnu':bure !e elocai m:S::3- :• re lum'.mpemen[ed uvthln Lve years ~. x-::g''ne ram of gioNl uarm':ng through d;a~ warm.:-sawed redualons m carbon diorde emis~ .cans r,iud':ng highs smrdards lcr aummobJe fuel a x,c:enc: and ;he rapid adoptaon o!a tmnsportanon a;cem not oowe¢d oc tossd fuels he ores<nauon of oid~growth forests. m both :empera;e Jnd ¢apaal sew s a, ban : n lac Wgtng :hat is trcrtha awclable nor r -~~..-der. adahle and m<.moieniennnon a! song, tdecn e rc'.cling prcarams m esvry~ commumrv rama;w ecreaas m residemul and indus¢ul ^e-av .,::cote :\,omprenensrve haranlous waste mtmmvatwn scram. e:nphascing source re.+ucuon 4e,chsrea protearon (or erdangered ,penes and . Jc,taa powerful mtenutronal agenq• vnth authonry to ;a!eguard the attrasphere. the oceans and aher ', ebbal mmrrwru from mtemanonal darears. ~-.rw.enu o(responu6t4ry (ortM prutecoon of ` nc oUnc by ;rdn+d!yl.. __......_......-,era :~=rw.l. .) y E A R T H D A Y 1 7 0 En: ^. 7a.' wt''.::nar cs',acs .., r: m...^ .: „u-.,'nddeess ,tors ni .mpcr:v.^.rs<~zs :. . avg..; F:cu' xst :o oa:nawte ail Se m aae n'rr ..,, . ccm. arc nancnv :e•.ts C: ns,.!e^; ;.e~ -•os u:.!:n ., *_ect d:cersesmvaes .r.. ., ^r~ •'Ct 2'IC.ca.6 : Y6.C.Iae EJCh 7]v . ..., ... rLeNiING A BILLION iRFEg .reel a:e e,,^,.',:come^. a: uoneas :'.tv -:. .v, _arbn dmx;de imm ;hc atmcsnhcs ;'" , . r-r xduanrs. car.¢oi erosion p;9v~Ge Ercwn. .. nr as wcX breaks.:eard de.<era:ica::on a:^ ,^.... short Ecen' Farrh Day v¢m;pant urll tr encac a;ec :~ plant at ;esst one :rtt and care loot .r..:! .::JC +ur qve on us own FDUUiING OUA LEADERS SanonaL sate and laal ley'<slame lwdks around ~.e world will be encouraged m adjourn for are day so that all mrmbers can go home aM listen ro!he:om cems o(theu consnmen6. URBAN GAi HE RINGS A• m i9i0. 6rJt Day :990 will crgan¢e ma:or pander grad publb gathenngs in noes all ore; ;he word. On Apni 2d. 1990 Earth Day conferenaz and Glrs will ull m.+.nn~......,m.^--:::-':- .. prrmde ;'cruets m drscuss lmporom iocaL national and global <nmm~mennl issues 1EA(N INS From demennrv uhoois;o unrv2rs¢les. reach ins cavil gtt ,rodents u1 all ages lm'onrJ wmh &anh Day 1990. MEDIA Earth Day 1990 hu bunched a camprgn m wet .ante brxdcut and cabk networks around the world m focus on the ennronment Wr :he ennrc month of Apnl !990 • 3 ~~ ~~cJ E A R T H D A 'f i 9 7 0 THE P R E C E DEN T Original Poor Quall4v M 1970. 10.000 schools. 2000 colleges and unnxr- samsand asmuOYnxry commumry m the Cmaed wares partwspaud m firth Day Acunsus ranged (rum namrc walks ro dirca attwn agamu major pol- lur<rs. The mnnr of Vew York banned automob~ks . from Fi(rh AS<nue. and 100.000 peopkatrcrded an tto~fav m L'nwn Square. he L'S Congress adioumed (or 6tth Day so Chas members could ancrd t<ach~ins m rhea diw¢tl. All thin networks dnn~~+a~!-fir„'' w.vuge to nrnu arourd ~h<counrrv, and the Public BroadeastingSrs~ rem dernted iu ennrz dayxurse prognmmmg ro 6tth Das~caxerage Scores o(na+iowlard regnnai pubh• catwns desisted usues exduvsely ro die msnrom :Hint hod more dun 10.0W.OW people seed she opponumry ro dtmansaau! dicu <nvnonmmtal corcems In the superclutgM monde and yeas due loibwed Earth Day dva aurpounng of5or mwu easslaud in:o iausng vicm<w: dse Clean AuAa the Clean N'aier,gcr.. rh deatian o(the E.P.A. dx dekar ~(a'dnry dozm'congressmm., dse grnundmgn( rhti 5 T Gbl~! warming. ,acid ran atone Hares .ran forest destsvctmn .. ,the planet needs our help.+But pcopk don't know what they <an do. Earth Day 1990 S bong organucd M response to propk'z desvc to act, and thtir uncnm:r.^; aMut what [hev can do, (t h roared in a behrJ that txov(r w-+rM~e De:;,y'~ wn auomptstn extraordinary things. The environmenrd crisis-despsk itsglofal scope-is rwt bryond our hrn or control. Indeed the crisis exists prervtly because of actmru we have trdrm and policies we have adopkd Our specks got iarlJinm this mess. and we muttget ourselves out of it-ragethn we can. ~~~ x~x Able vu a yr flHl\V11V VVliK111V1`1VM Gv~mp MEMORANDUM ~~ ~~„ 1 r DATE: January 11, 1990 cI 'c i = ~• ~ ~ T0: Jack Lam, City Manager 19]7 FROM: Russell H. Maguire, City Engineer BY; ShinW Bose, Deputy City Engineer SUBJECT: Report on Current City Standards for Street Midths as it relates to Emergency Vehicles Due to attendance to a pre-arranged week long seminar during this period 6y some key personnel from the Fire Protection District, staff is requesting continuance of this Item to February 7, 1990. Respec lly subaitted, r ~~ R :SB:dlw ~ibb~ c Cl'1'Y OF RANCHO CUCAMONGA MEMORANDUM DATE: January 12, 1990 T0: City Council FROM: Public Saf e[y Commissiion S:IBJECT: Resolut iOn - T d C S t 1'he Ccmmission recently examined the current statue of the trauma care system in western San Bernardino County. This action came about as a result of the need to request an air ambulance within the City and none were available. As the staff reports indicate, there are currently only two trauma care hospitals in the County, and neither are in the !Neat Valley. Ae a result, trauma patients must be flown out of the area to receive trauma care. In meeting with the County Health Of firer, the ICEMA Administrator, and San Antonio Community Hospital, the Commi eeion'e 3ubcommittea on Emergency Medical ce...: wee ~. ~., _ '^~_^^'' "_ _.`.___ _~ 1 .C SO ....,,~.,,~ ~u=~ um, nu wnru ~ommuniry Hospital might rejoin the trauma care eyetem. I'he Aesolut ion provided for Council's consideration urges San Antonio Community Hospital to rejoin this system, Doing so w111 provide trauma care in the West Valley and will Largely obviate the reed for low-flying helicopter Lantlinas within the Clt.y. A local trauma care provider will provide needed emergency care to our residents quickly without the necq,~ity of time coneumS.ng, expensive helicopter flights. The Commission urges your support and endorsement of thin important goal Respectfully submitted, in ii ,' C~~A~ Eo~ Chairman e r~ ~ , r ~~e x ~ ~ °x ~ ~ ~ ~ N°~ ~ S' ry W t o ~ ° x. ~~ ~ ~ ~~~:~ i -~ ~ Q a ~ ~ ~, ~o x ~ o Roc v ~ ~ ~~~ ~ ~a P ~~~~ ~~ ~ r.. o ~ ~ ~ ~ 4- o ~p ro (a ~ o ~0 5 C 5 /~ Il ° % L °'X ~ ~~- 0 K ~ 0 OK olk _. ~. ~ ~ c i o _-,. I Q' ~_ ~ ~- ~ ° E, ~ ~ o 0 ~~ 0 '~.j Defanmeoc >( Jusace An Invitation to I~roject DARE: Drug Abuse Resistance Education Bureau of justice t~ss~siance cs nCp.rw~o~ a ~,~ office ~ Juma eroQram, An Invitation to Project DARE: Drug Abuse Resistance Education Information You Need to Decade Whether Your Community is Prepared to Commit the Time, Energy and Resources Required, to Implement this Program Program Brief Bureau of Justice ~ssis~ance June 1988 ~i Desr~mnt Y J~aa 9vav of J4m:r ltaauarr US. Depa/smmt d ]uaka Fdrm Nsew ~ . .... Amrsy Gmtni Omu f lrln iraRm RirBnE B. A0tl] .. .. Ammm Amxney Genes! C:~arW P. Smm Urtcmr Cuero K. Smub d Dvecmr, Polity Derelopmea eod Muyenrm pivuron Eu~me H. Pnloevra Ihrcmr, Swe uid Lanl AWgne DrvuwJ lames C Smm ~ssu. Usneaawy Graa P+o{rnmi Dinsan cUJlum F. Pawn ... Wwv. SpcW Proirw+ Divman Prcpand wader mapema eumem in~srxx-KUSI M ENr Marx. mn William ~f. Edurnon Derelopmcm Cmsr. LK.. Mesic. Massaseum dim d Jaatlsr m IMra ,Yana, Y.W., VIYaYlymO. GC Pi571 Wl Z73.3O{ re. ~~ waass; O~aL ate. r lwoa n~~~ ~r_ r rm.r r r Burr, ~~.. Olbs r a.rrr Nrar Ys~ r JYrw Y. r larr f.ra a r>~ ~rr~g omo, r wrr. Lae r marasn n..r.w r r7` r v+rr r Grs. ~.s rxpa,vneat >r Juror< Offix of !um« ?rogrua's Bu~2mr q'Jusnce .l.rsurnnre 0.'t'i« of dx Direc:mr Rfuhrngron, D.C .OJ3[ am pleased to ;aratt *..o yet ~:C:RI. I4a ONE pxoq.^am pxrnac'r lav antotcsaaert arcs Ceara 'r.'h an ox:t try rt•~±••+"•~w tar :crki.'~4 ta9'~rYrs -0 prRart 3raq ~u~ a~4 aL'. Al Cf1:10711. ~~ t9 3 poa.ttive e~l't/4» thrargh :d11a1': tallfo"71d t0._~ otfiara RalctiCtf as e'.rsQ-.~ it~Cnrran m daLira a 17 part' ~a~ wai:~~a -- s2®wtary and aiddla adcoi strlanta. Tr,:. smctAr-_¢y effort aui ::~e s...s'nn~~ +iLh dxu7 u'Sormton, ~atFiadS to seif~-eatr®, sFac-. aralytlaal erd daClalQMHkL'fC cki l' i and ttla 9atlMti•`^ ';a aa>aioy ti Sk'_5 _Ga.^1t3. :hxw9h err affary tc ai3 state and l0®1 uniia OL gov~rrmvrt in L'1eir !i7 dcJalrMC '~ abuse, '# ra'.T _'@C/1~1d mnY r~rasta tOr aaistarae .1 dfVl~~:.^C pragra~ m nalp as youth resist preewt~ to apariacre with d1~, i.1 m these mss, the 9ureau of Justice Assistafoa aa:ec.ed tL ]4Z ~~ for daaQru-etion. -+.:. ptts~ra, ot>,iCr aau originally dewloperl and feed to 6e way fa®asR:l i1 tca Angalr, hu base trtai by the 3uMr in a mbar of cities thrax~out t.1e oaaftry. zt has bean gtese.d vith aeuasiam both by lJV anfozoamrnt and aCnol pexeorvfal. [Dally and rntianLly flatdad avaluatlms haw found aoaitive zeauits amufq stzrdmta oa*rl ~:..."; ~. in the ~ pcoraam. :trtar.e~ _-. =he progra iua spread thxouc¢fouC tr>• ~+~Y, aryl reWreaarrtativas Crzm wen ''_Oo Polies dapert^rerts :few rnaaiwd «tsuiw tsairury. A cS~Yber of states am iapl~arttiry 04i~ and C~Alg-liJa pccal[ama vlth Raids avai'_abla War L^c "v qr-airy interest in OAR2, the oo~zehsfaiva rxttlra of ttr pzo:7rao arc `_e ~>o~lazitiaa iMfazrft in joint actia~ !ry saaial aystmn aw different am aftorteslt atld M+'+r'IT, lod the ilfaesu of Jtstla Aseirtsse to ostrluda ~'vt a "blueprint" Aa the pras~a see .....,r/af . 2liia "L•rrita[ia" is Ca tizjc: step in ctferiry ttfac 'blueprLft" and vil'. {AwidY yoi with t~ >,lfozmetim you need m dee7Ae atytt>.r yea na +t•, is pc4uad to c®iC ~^,e time, s+~' and raeceaose tvgalxtl to isplevft this Paagr~. r detailed upleeearRatim golds L available for ttlrse rnmutitita ~8>,irn decide A iaplamvft 01St. ' Oeta! peovidee a uniglr a~pnhaslty ffa lar anfotc•YSft and ttae artfoola tG work tagathec m xtl>lae drts~ atere. Zr else otim lar enfoCt>~sct an effediw meads fnc posltic~ Sntltsfcr m tL livoa of oa yweh. i hope Chet you viii ar~v~F rPl~ Tr~~i 1_.r-u r.. a.~t~ ~~ rr ua uwu v. • dui to sry ro Azvp. - - 5 p ~ ~ ~.. _ Table of Contents ~~ ................ .... Pt~m« ...................... ................... .. An imilaliLV! m PmVre IIS RFC . pvQ ?,,bux Resiuaoce Educad~w ................... ................... Arrtsoing Deal~nd: The Derxbpment a! Project ,~$ ................ .................... Pro~nm G>,L+ and Objectives ....................... .................... A Pra4ratn That wort: EvaiuaGon gesdts ............ .................... Key P['a~'am Elements ............................. .................... 7ais Pl~iar .. ......... ..... . ..... .... . Wnvn Apaemem .............. .....~..., ....,, .. Ofllm SeLcaao ~ ~ .. ~ ~ . OfEar Trauuor ~ ~ _. CoR CumcWum i _ C'uwoom Insvucuon ~ _ _ yyy{Yy1 VII IFGI~.TMKII. WrIiYNI ... Tochcr Onenouoa ..... q Pmaot Eductioe Exaior .... ...... .. ...... Comm~msY [hsreiooa, .......... ..... .... ... .. .. .. ~ ................... DARE Earichmeat Actlvkks K~ v~aooe t,rooe ........... .......... ^. Iuowr Fiie! Cutriwi~ ...... ...... HodiE~d C~meuhim ....... Wbet M fhs Cam tmd Who Wm P4^ ............. ..................... 5 s , earaoml ......... ... ....... ....... ........... . t.~ AQpendbc A: So~vices d Fartha'Infarmatbn ......... ..................... ... B Appendhc B: Pimps .......................... .................. r ........ . ......... . Appmd~ C: QARE t.edson6 . . .. ................... . . LLl Pr®fac® In m ~ mwsamQ o.dowl coucem about the ux of drop by Amengo youth, the Burau d Jusna Auuoxe hn fsmded dse developmmr of rho PUbliranaft b Inform law eafgcemmt otter, edssnon. goferommr omeiaL, sad other caoarned csssuaa about PtvJecr DARE m ruilio f apptcach m Pmvmnr.~ sublrmce uao :mots( school chuldren. Prapcs DARE (Dnsg Abux Rarmace Edsscauavl is a suMmce ux psevemoo eduanoo prvgnm dared m egwp elemevofy school childsm wsN slolu for Rslsvog Peer presmse m aperimeer wiN mbacco, Insp. aed ilwhol. Thu umlpse ptopam, whsch was dMlaped In i91~ a{ a coopetauve Q(Ort bl' the Ias Atyeles flalica Cepertmenr and the Cos Arsgela nsf~ed School Dimmt, urea umtormed iaw eoiosxmem ofhcen m teach a loessud cvmcWum m smdeao m a cuuroom fasma. Ptolecs DARP pva specul anessnoe m isfth- and fsxsfi-pads m prepare srsdeon fvr mny um ltmsor hsgh and hqh xhool, where they are mmt likely m eamumer pmrures m ore drop. DARE Ieraoea forest ae four major arw: • Ptwsdiee accvraae mfotmmaa about mbacco. alcohol, and drop • teaching studenn decnson•malmg skills snowusg sruacuo now m taut peer pressure • gsvusg sasdeao Idw (or ilornabva m dnsg ore Thu umWabN peogram bar ferenl oolesforNy kaaua: N.e r«,a, ao the dangers of dnsQ use. Instead. the mrwcran work wvh childrev m nsse Neu x!!-ahem. m tessch them hm~ m malre ±,ecutans 0o than awv, and m help them Idevtsfy Possave ahremvm m robaao, acohol, and drug use. The cssrnaslum addrasa itarasag obpmves us 'reepsoq wnN Naae of sore deparmeon of educanon me canbrma with hn1N edu~von craM~eef. • n4Jl8 aaa wiJbenrrd law rnjoseravwt ojJtcrrr m cowdaa rhr clots. i; nstormed officers u JA>"L~ inmuf~n nw onlY serve n role models Ssr .tiGrev at m uegsrnssooebk age, bm also hose hsgh ::embut;v t)D Ne fuhsect Jf dntg LLIe. Nateoser. ~~' relat:nq b >md®m a IOIa OfhCr dla0 ~hae 4(jaM Gnjpt[Ymep[. o/tScen develop a rapport that pmmata pcssuve amotlas towsud the poha sod greamr mpec; rot • O~RL rgntrw a kn(•sernr ra/atlow m a ymbfarw Mar Au am awl Jw'r~ HaoY People briiava tht wet ome, a change m public a¢sudea eril! saduw th demand foc drug. DARE sob m Pamvm Nor duets. Equally uaportmr, DARE imnu~n help childrte develop nuuure 1ec:slon• kid sa~MJS .tfp.. .n.. n..., c~ ry,.ly L a :. . d ssmmom of N<Y grow up ~^ rot None motored m Iamsng how n brmq dos Doves program m sheu coososunsry, the Bureau st Ju»un Auutmce has also Publrshai (mplrmerulnq RoJre7 L11R& Dssg Absur Rrsrvancr f~ffcarwn, sa iuglasormaooo v Dual which prwsda a ssep-ssyssep deatsipooa d how b Impl®car Plvjacr DARE a sradl d model (mme aoA other mrmrule. e A~RF fer}B! I/I1wef11V~ aeleOf eMl~fw. )Uhler hsgh sad t.sgh school des{ edawtlaa propamr base come mo 41aa b prwa des{ uw assaoog ywN N the past. Tharebra, saharrotial tsumben of young P~ hM nVorbd ioia~O f ur d alcohol. m6acm. and manjuua by jwbe hqh rchad • 01R1S a,Oba a AttsWj asmnQ 6ara.tlne nrria albw 4wirpuA b kasaM e/anriaw sttadaMb. A Ar,e vfcmci v' ®ursT'aE vor.w ~. Iirs euanww.v school chilArea lack sss}~Cj®t foctial fkillt m mot Peer peaause and sD' tq m drug. DARE intWClaea ao va ore Ne scaee ococa d ttadinonal appraachu The mmful u iwlable ham: DotaNy L. Everea Roseau of Jumce Asfutaoce 63I lodiw Avmlee. V.W, w.ahsefgba. D.s:. 2Ul31 (2U¢) Z7S-~6dt t.A /arllra, RM. O'MfYlay, fed IG. afadma. ~t r}e .Mate Mrrlow Xiea Sdfsd suf/eea, CdLer .SflNrna, aM Csaaer IMwr AiIN: ,VrasfW 11rNr 7arwaA 9G7 IPaavuk ML: tlfw~l Issfr w Pq AarN. HM. /aeknowledgm®nts a+orkin~ wits a ptoRtam that yen«.:a the antetnem and commi®ea met Pr~)ect QARE dap u a spenal pnWege. R4 wiah m ih~nk dr followurg ;udivWuala for mar auianece aim dtia doatmeat: '• Geweoaos Paad{tx CoamM, Id M{ela Polio Oepatrmeat: Dr. Ruth Rid and lohaooa Goldbaf. Ca field UaiA~d School Diamct: Lieutenant and lohn fmgich, Butnu d lustta Auupece. who rumrtdly teatl and mtttmcnted upon drip and pta'tdad numetout wppottcn` materult • Our coilaa~um at tae Eduadoo DeNelopmeac Ceorer. Noe (bmr, Yvyn GNI[oy, and Dabra Nlurcamo. !br rnadculwdy cene.7~ me dnR • MideW 'ibbdo be paamdy produnns each vencaa • Oar lam Mup{er. Dommy Eve'ea, Por her rate[ul wenght d our dfim. C.~II.. .\..~.~\ .\ _ ~^ • K IVJLIYeIC :Of makio~ it poaamk m inform moro cotnmuotnes aoouc ptnjact DARE and ip potentul !or arseamg :he .:eaarc for drop. vu An Invitation to Project Dare: Drug Abuse Resistance Education Amenca has a dtu¢ problem. ;t u a problem that exaco ao ebormass and ib human suffenn¢, m me es:pendinue of public monies, atd, mete unpottaad/, in the enormotu waam d human pamtsal. ...s a fprenn¢ etoblem whose v,lunnn !....., a. eluded m. ___. - ^ .- Daprm mgmt warnmp imm pueoo. cducamrs, and me mau madia, many d our oaboo's youtp people c;petwunr wtm and ux a wsery vt harmful subatancp, :xludm¢ t.>oscco, drop, and alcahoL l An amuel survry d hs¢h school smson madutted for the Nadooal Iasamte on Dru¢ Ahux Coubd dot. m ;983, ody A perttn[ of smdeno had never used alcohol, and poly I peroeat hatl reset smoYed cs¢amtres. Over two dssrds of most sensor teQuned use of u lean one flint subsaoce, with user ox haH f341i) havt~ used tbanjuaoa.t Qsr{dren u yase6 a a¢e 9 tepmt that manjuaba u "eery m {ru: s Utstil tecebtty, Ins mfoteemm[ sasaepm have Cdttuad on the supply side d the dnsg problem, wlm mJlion! M dollar spem oath ywr m cononl dse distnbuoon aed sale d dlittt dmp. Daprte the conrucanob d tom d nucma, and desga thousands d anew, rti A ..- --p _-~- -..~~uuwa .v ~INIl L11. Caw eoforcemeoe eapem obw reeo~tze dot the problem d whauacx uea muu b. addre+aa0 try whoho ms¢ht became tommorrov's dnq~ A term :x'Pott slued by tb Cobmtaaico ce ptpaimd Crime coocluda Chet dr on1Y stay m arpnnneHy rahsee use dru¢ ptghlam m dss Udpsd Stab u thrw~ eltmanatto¢ the damned fa tlrup.a School chtldteo muR be ed1101ed m rxapssm the dancers d dsut ur and m rcuu bah tha whsle sttl the d~uaR~ prepmu b0 diem b e1Wa1"jmapl wiN add use Arresting Demand: The Development o[ Project DARE In 1963, Chit Deryl Gefsa d the laa Att6ds Police DsPeramt (IAPD) ttsetdtimd dsa. o Pn'm ^sheaow use ambe¢ child~en.'hi siauk bad sty coapererioe of the Los Aniela Um11ed School Diuntt (C.hUSD). L'tsder Chid Gam's duecnoo. the C.4PD _ollaoora~ with Dr. Harty Handler. S°Pennecndent of LAL~S~. m Iatsoch a dmg ux prewbaon edtscanon ptognm that etoplbys last' enforcement officer .n eiemc.^.ta-. cleaatooms as te¢Wu mmtsnon. ' A ttview d exism6 submace use =mnctda w r` _ °""` ~~ ;. . swim raucadoo spectahst .`tvm LAUSD, slsowad that lesson coecenvaong m xnnseue Sr trasmng peer prtasure, on self-managenw^,t ,c,: dOCtal0n malotsg, +~1lnU clsnficauon. ann provlem solvttlV, asstl oo alteroaova m dru uu appeatec ~~ hive the ¢teaaeu degree d success These :neL'for~s waR u1w[paved unD the LURE notscv:um. :'uslrn¢;. studeop m vottsWer the comequences if mev srur. and mwlvtb¢ them m cla4rtoom eumses maz gave them the oPpomtmry m pracoce who ;hry nod .carne,: Dut'mi Pro)ea DARE's first year, !983-84, :ev ~fFCet uu~ the eew cumculum m more Shan 3.000 smc<r, io 30 Las Atyela elememry schools, Subsequenu~ dy DARP proaem, which ort¢inallY 7rgered xn:or ktd eiamenury swdenu (fifth- or suth•graaes 1. 4a e~endad m include s )uma hsgh cumcuium ana Inaom for ondm Ka. By loos me orcgru.- na,: . gtavn m reacts all 343 elemennry and 38 unlar vg schools m the etr• ' n._.._n_ ._.~_ .v:. -_ lurisdicootss m send officer m Cos Angeles for 30 '-cu: d intmsiw DARE uasmn¢. Officer from 33 states tgitaaeppp< 398 s¢ennd have crow Icarned Soo :o tKtq the CURE ~vmculum m the chddten m met: talmmlm/daa. Bec7Yee the ¢tawsn¢ demand for DAR tramtq ereeads the CAFDS apcsry, me bureau sr utradae A plw m tlsod the euablishment of tepaeal tntma¢ ceomn m 1988. Yha esmeement about Pro)as DARE conwues m gro" (a 13tx81R (98fL dse Butenr Of Justsee .Afstsursce awatCCs pm b sews juriadiceom for plaomn¢ old or¢uuz:n GARB impMmeamoo. The Dapumsent of Defeau aaa b atsoMlsh DARE io W d iO scbaols for milttar dep~rdms, New' Zalaed plan b Umkmem DARt '-. m~ edta>non propam Ollie aotmtrip, ieeludte¢ Ebpaod sod Austnlu, ar iovadpdn¢ the ieeudta.9ee d Ro)aet DARE m Ne schools d well. 1~ a cow a Spaoiah wrsico and a Btat¢e hemlaoo d tM setdete worlthook uad m the cLuroom. Effor an uedsr why m dewlap seasrpa (ar tachus¢ DAA m heanoP-tttryatted and other ipaaal needs students Progrdxn Goals and Objec4ives r .._r. vw. To prevent subanrce use amaog school children. The DARE ptopem ruled chsldrm helots they are Woely m hsrvc beets led W Veit pem m eapertmen[ wuh mbecco, dmp, noel alcohol. By rechio< c!•.rMren u ao age whm they arc moe rxepaw m dust ptevenuoo eduanoo. Pmxu DARE soeSa m pmsnt adolescem Scut uu and m mdua dreg tnl7:ktng by eiiminatsng rite dananC r drugs. Qb~YGS: • To equrp elemmnrv and junior high sttdena with the s1a14 fo: !ero~szso< and reauong wed pretreat m eeperimmt with almhd. robacm, wad drugs . To hale soldene deelop Ieltcfoxm • Te Inch pounce alsemeive m wbuance uu s To tksdop medene' stiW in rent uaeameot aM datsnaa malohg . 7b head tosdmo' mtrapnooal .reel to®nmtuiuns aeu, Pm7ect MRE achieve three objective by tniamg ~rdudy selemed vereno law etstoss>eme/r atieers m reach a smlcturm, sequentsal cumndum m the xiroob. 4n uagorens by-product d Pmjets DARE u tht posiasc unpan m uauonvei u.. mians.aalcu. ~. ,,, we{lpng m CLatinemf In a apptiu'leminl, pn:scouve mlc, upon the imgt d law en/ptpemrs u the ~aY A Progi'affi That Worksa Evaluatlon Results Evaluanops d Project []ARE ingot Arrleles revel g~ eehunevn bf ~ prsl~ ~~ fehod prmcWLLt noel seae6era rrM wry the DARE amdam aw IeY amaptisq d eabale/ca aw atl Met pnpnd a dad vh6 Paw P~ r a ewk a(sha L]ARE Iweeoa. Maseae, thew adotawn del tMe. b/err/ rNRE .....sue.. r r....r ....i:» .~nwn in . t.,mvc. ooopssoroN mgt, may haw a poet rw~aa hx bath the law noel lase m(osc®en panouml. Dolood tMt, aud¢oe tecavsq tut DARE mltriculrsm in elemeaery school tlo.~ pwea ®Pvwman, tsompnd enm aoaDAltE ahadam, m ptsdw Ipr cart 6abio noel coopatb" dtrrml thav dsx wmaee m junior ~.r ~ short-term r+aliu4an for me ~'a4o°ai Lnsur~re ~i lumce also demoruaarea dx ~mpan of f~rlan DARE on uu L'eowiedn, amtudn, and elf-renortcd iiehavwr d xveatD•{nde mkiew who recesved DAAE m mt such gndt.10 Thex students. compucd with dose who hd rent had GgRE, usdinred sipufieanuy ~~,ouer subsma ux tutee graduanon hem the sum fade, Momwer, DARE scuderm, when atlted m usugme f[imda pmaaurwg them m uw dnip or alronoi, were si~i6caotiy kaa altcly m mdicae accepnoce d ~e alto rhea ewe nou-MRE soWean. DARE mdena were also tune lamly m ute etfaaivs rshssal stntegus emphaaimd by the DARE cumculum. In IYlJ, 1.n3 Angela i0ltLled 1 seven-Veu Smdv of DARE atd core-DARE students to users :h< long-mrtr, ~a d ~e pmpam oo snsdena' Imolvltslge, ammees. and self-reported drug ux. Key Program Elements To vapiemem DARE dfxtvely, spatfic elements aR eueatial. i ~ Joint Plamin~ DARE requires the iawtmwr and .viabonuon of 6aN Inv eefomemear noel edsmanon agencies. The inidatlve mry he rtdma b1' ether a/tocy or by + vud putt', such a the mayor's e48ce or a puents group HawsQ. troth edunuon and lave enkrammt agrncies must M nrsolved early m plaenuig for unplemenuuor, Macy iswe are liloely m anu dursng du plaruung ycuw. • WYf xlwd asd poHw adrdnirbvovs hart mf)tcutry aaMMllq sgatlser' S[hpo6 noel pdKe hm dsfTeear ad®waese aryls assd are stet o®ooN am>tarmd a wattie6 blame. C®mimrtiaa dad, howeser, that . senwued ptopam and a mutual mmm,tmwr m pt/ve®pl aubanoce uw amaq Pabi Psw~ Pm"~ tneel matraoon tr pls:eda{ this mopeaase dfprt. • W~ rAIR b~ee~I.AOINtt III W dY[~Oa Ca~MLnlly n / br ey.eO/wnY Jt'e111te N rho Cl/!II/Oel.' PElhaa el6ees an uaodly vsarwd w law anbrtxrs, reel w eaahwa. Flpanly- LIARE oRlopn ue ~w~g- tweed. cp~iwd adirimWa wM VuicldY Ors Ihatr abelweua u claaeoom reaches. When aoc~a em asumiuias ni w •~ .~.: ~:~•y~ alErae mmrsCtio{ mdividwl`clueooms, rcaiasas avapaaaee• • An the/ whet aehed-Jeeed /repent ermnlY Y w w fMq 6aheicM a e/s1r /ds4ernu drsq wt A tong-ssodie{ onotaru about wMma use hu (mmmd matey spPtoat'd° m ptevewon prJ>ntieo. Sehod syssana moat choose amaa{ mayr ~ d doer thou Gmitssd caomcd effativdy. 016sr tahserss or healds >pecu~iu+ trry ~ eat b a¢othar approach tad mry oor ;emsois how (YUIE ao Qt ion the mai Isdm eduesdnn ptopam. To meet these Iepomeee rnecam. 7mDrraer d Per should be ihvuad m pcocipr in dse plaaoi¢{ psocaa. it >fasaacMssem, (ar eAtrpk, wham s ma{ taofeMu f¢r epeha-ied IOm1%hCn lid emerACd. DARE Gmt rc r vsea'ed as 00r ampomre d i cpmpRheulve. m.~aa<vmsvletm health adua¢op smaip'. • Bore aerts 1TsJaa1 iHltd At loop a au'aafi J~ drweras seAala6' Schools ase coocemad chu nip poi d bane skills mry be oeilacoed c the demsods insxeaae m address other mesa d social mrcan. The DARE «rtriadem. which ras da+edoped by tenth ederasiaa apaculiw. u mWtiSceted. emphwna{ bade akilL Nat stet4eae must learn m toala tseoaad ehoiea for food hedth. !Noseoser, [Y\RE ieWrpoter typ appliea¢oe d lanttsge aso wp tsgey d io krona Some ptopama haw idmd6d aM m ohieh ed DARE aariwltem meta krrsdr{ oblrstiwa robl+shd by fhe S4/ Depwrata d Ldumor. • Gov tM Irsr sglMpwms a pJliri 4 rarsdps aQlean r duarar fry' Eah waorm afEca op panoi 'u< itnycrstR ;. ~ P.-JS t ~ creme. Admoiavtaots. thndose, mad m tfsekk ahethar aaai~drt{ m aldoa m PhojrR DARE u _.~~ .~...,r N a Toed nrtlmce an th6 sues.. lasv erkrseemml adtsswmaaota d malt' iuu iunrdiem~m. ha7»t encoptiad me ~:mitadaa d par approachro m our eudao's dns{ pmblama, haw depetmioed tmt G ia. 0¢e oar ims¢tsemr rm saw a mmY u a® elastsrrray schools a up o f0 eWan pa yea. Coaaegeredy, amau w anlosc~mt deparaneata ahsds my lint aprod aoreana about td time rcgaard w q~W,deaplaareoeba. win ens thw m alha ra wok pct-rust u a DARE iart:ttcs wteh tkp btsk~cr d the amosr's time bain{ drwtad to ashy ekgaeseW srnvikaa. ur~~ sn...su.et •'~ ----- Isap44mmtsom d DARE rquurt a parmmdup berrwm w ealotamaa and adesaooa rysms. A wn6m a{teamrx 6atewao w aafoseammt and %h001 Q~ damoaeaera dih ymsy~f eo®kmtrt m p1aJ%1 DARE tam ~~ ihalr mlpaCUK cnlea. 11ua apamas {morally meletdaa: • A socmea d mnr menial .mmmmnmr a ,~ear~ CURE u a sase~y m purest subanuce ise amoe{ chikhm • T'ha foes mbtcemcm cols: m ssai=h m s non•~.aa mbtameos toM quakGed omres oho will onto ~ DARE wrtfcWus¢ m ~ sahoou s The school tole: m provide =.asaoom nme :er karts, coosd¢esae seheduimF aW eocasrape sacae;s m aspparr asd trialoeee cLauoom arnvt¢a • pm~tam scoop: the aradds? m 5< tagsed and :he atarhha d se:soob and mdmo m be rcacned ~ croAcsaa d the at{mcY cegsonnble `ar ;.mvtdmg such caaurces as sosdaa aorldemlo aoa rims • Speci6cadau d the sYmsY tapoauble ;or ~rog;a.^. • Ptondsstm (a ce{uLr communra¢on xnvaa ::,e too a/maa lb hid Qudiry d the afEea inmu~rs a dsa ieysmx d the dVtB ptgnm. 0!llars ®nsr vduprar for ac psopam or the beds d a solid cacmi®em m premtlry mheaox uaa amoul Yaps people and ®t haw a ciao treosd, s minimum d too yeas suwt a:parieoce, mrmity, and food coromunicanon and otphiaoooal skids. ilia dLan should M ikon tha foal community. whop Ihry rill he seen and eecvpvmd W students. .„,_ - --!.~ n.nmamna ua small or do nor :rase tmavaa o atsips ^ foal a~ssr, seee police or srmrE dapssir m each the ptope®. A+ Dosed afswe. nes tns>mimerr tmy ba pat-one. TLa salestia Qrtxsa {emnllY uTOI~ pCfnIlB Of Nr pmrooa, pnkmaury scremtnj, sod a formal uracvisss by a tart pmd that ao uxlude Goth peslin ad uhod perurmel. Daring mes< mtecvcsws. DARE tardidree 9equsdy tewd sloua sod apenenct flit hM lair doemen. yet quakty them for uus unique chdysr7p, Sebod paoalian haw atbm cammensed ao hot iraercdw pradtigtioe is ama+ selemoa has boar m alismeatistE tms mismoapopm shoos pollee ~~• 71timh{ for DARE af~ae coaauo d m meenflve tssowseak (10-0oue) ameaT jomdy ptesmmd by ',+w aebe¢ameor and aMsrsoon I~OaW. SeveN etatee eer Get DARB dEcat ttumq. uam{ s format aerciaped am tttvfioL ry d,e ter Angeles wu« Deosrtmeor. Ta masmia the ~;ry of Me DARE psogravs, rt u dlWnrl dos offlCerr bs stoned by ~tsfied agcocia• The DAAE ¢umts~ cumculum mclvdes: • An overvnw of curreas drss= use pmwurao acavitia • Communiutian and public spwbrs{ skills • [suosss{ methodolop~ sod clasaaom behavior msa~emens e School/polia relmamhips • Pohcaparmt commumry relauoos<hipi staQa of adolexent chemsCa! depeadmr, • AadlOVlreal tGChmQar and OfhCr aeachmt Ldi • ProRam adawustntion • Sources of suppkmea4ry fstudsts= The mar msposuti wmpooms of tlr ttunie{ u the modelm{ of eec6 Iowa by eaperieaced DARE oman is "ms®n'~. Eaeh oainse then prrparm sad srachea aoa 4ssoa m frllorr aaioaer. who plry tb sok d ERh- a uxtls-~nden, sod who suMegtralY mluse Me as'dosr's psrbrmana. Maison astvise and support cwtaa wo~ta+ dr asiaia. ~!' bit M® preWm for ptdeotsuons uM otiMnq suggpdoos for impraemenr. T..wuq a ..~ r-_ ~~_ .••• ••n..n wig for law esrforcemeos and educacca admiaismton. These sesuoa prwde m appasuouy for maoryen to ducvaf otgasuLtioeal ions raodWd with DARE uaplemeaudw end m review tams asd syseosss Rsr maumner sed reard-lseepsa'. Con Carrkvhtm The DARE eon osrriais® aspo tMM and sinM grade elemamry ar8ad resd® who wt- bs g+~ i!o psnior blab t Ss od d sYa soar. 1Ur oasrkwhsm coosiw d sala~~ ~J- n 6fFmfsre laswos n he coMucted by tN DARP alSoe ae s wrakly huffs. The lessons ors sassctured, sppNndd, and ~ulsova. 1TeV employ ^ wyje rauja .,~, 'yip...' ~ .=^~._ °°ar aad•anawer, poop diawusa, and tok-ply aWVjdaa. Th! nariCtdim n dwiped d aQuW rasdrm vbh sloua to doe rvatiq prey mllusmces sod otlsrr pruams a astpseimaso wish wbrs>rxn. in sddiow m bwldity rduW t7dlla, tlM lusooa feCa oa the development of self-esreem. -sk usessr,.<r.c ' and decision•euksna skills, uf¢,~r.p^e~rsyorui rna CemmanrCatloPl sidllS. Cr1aC1I y~""`Y• >JY1 she ideoo6catioo of partive alteroauves w substance ~;e A ~i of the 17 DARE leswas appear u Appeadu C: Pµe 9. 11r DARE cvmculum u availaole oesy to those o[Soas who 1!rn canplesed cerafed vaussnQ. Classroom Instructloa ?w,i,=u., ~dRmn ace uaisosed ro exh schmi for a hsll dy.~TLus. one officer m serve up m five xhoois per welt per setower, or as xtsoois :n a nw•u;nesr:t fchaol ynr. Of}feen att to be teprkd v member, of dse xhooi faculry. llsn means Mess, while u the xhoai u DARE inmuaon, they as De nlled upon 'o an ~.n a law essfoesrmea rok ally ut ao emergency, ;t :s ternosmended dos pus-dme DAAE oMssxrs be ustgncd m uom such a commumry servues m oNet m aw.d lar assbrceman dunes thu may rmlliet wsM the DARP mnp or rrrsdt m caul dsses that could inserferc wish cfasraom oblipoeaa. Intorwal ORkerlStudent Interaction M addidoo to Mar formal clauroom :eacm ng, DARE afflcars spend tsme ao the plry~ound, m Mc :atetena, and Y mWea urembiies m mrran wtM ssudenn miorm.uy Tint u~r ~'-__ ...........~, ~~ ~:vu brslxMell, m chat wtM ssudsnn over lunch In •JVs wy rodeao hevr a opportusury m become uquunied wah Me aRicm u s CfYrled (rsead who u mrerzsred m dsm happaw dad aelhR. Smdems «ristouily rA td otTee abous pmblmu such u abuse, neglect. slaoholk poem, a rriasiva who use drugs. The dbm raYrs dare taro so Me school pnoapsl or w appsaprWe rrrauca m tb wmmunny. ~aCblr arlallt9HOn Td afeca Weds dr support and uadersundsng of cWarooos vxhen m tuauoe effectively N Me cLUttsom. The DARE of}ka provtda N maerv~ce orxatwoa fW idaui.-, : t.~. r^_.^~ n{ cne `ci~wi Yaar O t~diarier th® wIM dr DJsRE CYrticldLLm. •9arr l~ lrw drwirera Nis nowt tapmy ur1We Ar+nmu. m{da sfanwa.sr. roam Ceasiss. Yuama. ae wawr~oe ~Vr Pr's o daerr M Im loon of auoar m order o awafy do r clreean nw,sM... aPl+sn diet/ cdps'nve mid, apd idrnnfv ways ;hey cores cooperaz m eftavwly communlcapng DF.RE's obJ~ves to she stldepb. CILLtoom tnchen are eapecmd m sbY m me clWroom dun;.g the DARE imuucpop. 9ecauae they know me stpdMb wed. 4acAen Cap 4NR WiM the OfRCen w'sYs m hspNe chsaaroom behavior. Ffa9umdY ~1' autat with orppmng tpb-pity ctereiau..seefpg rru stldmb motpkm then homework, a prwrding lessooa during me werek m rttofores she DARE officer's stssrdimg. To encourage nteh unolvemeat, tha curriculum Copbim ez;~.ded acpvrnes that Qa[hees maY choose m mapdtatt. Pareat Eduntlou Evening The cooperanoo and imdenbnding d parenb ass esaearral m espy subwpce uu prcsennop effort. Dunpg the semdter, parem ate ipvtted m m awmpg fdpon u whxh the DARE aff><m azplaim the DARE psrsgram. desenhw ways m improve amdy cammunacapsma and m recopize and rmpopd m rympttlms d subsbpce use in mei childtea, and ptwidn m(ormatup about avulabk wuoaehoi tesoutcd. Some commuoroa report that r.ers...:...:.. p•tem haw orpotmd followtp mformaoaeal dray ptewpdon tstividea u a salt d these DARE pQlurled pueat emtntlop eversmp. tblice, educamra, and oaten commlbed m the success of dos effort nad m emsrae thu the orovam u vutble and widely accepted. Meeting with gtswq teptuevpng all segmepb d the wmmumty. ioclsrdip psrepb apd uvtc gaups, commumry-bssad orppiyppm, hpssipg pto7ecb, apd btal huaouses, ptomoar tLa laud d cornmumry uotkrsmdiq sod suPDost that u euapdal 4+r DARE's fuccesdW impiaemnutioo. Canmunity 1t4pat msD' also help b apstoa pmgnm m®mury J a aeste=y N raaomc~ shteaabu b imeupt ftegrrwtly tarpp~t PoR~ taaoutws~pay~~ for stsrdapt waelmepb ore hY Phi smdesr bshitb, bumper mclusa. a othsa ptombtloeat material shat demompate me commuturyl commifinem m sttbuaoce JSC nrevEnnon. TTn 4~M K u ,.~ ~ ~e --err=-. 'e- srudenb ufe uty'aormn d raying rq m atop. DARE Enrichment Activities DAAE's davelopan hm 'teased several activities m sssppletpeot the core cutriftdum for grades 7 a 6 • B-O Vbibtlon Leawm ~'Px+117, ao otTicer ap 'each up ro rout :.ieh- 'r futh-grade clasfes per dry. As dine xrmlb. ~.e ol9r:er np vurt each d Ibz lower gndes ;o ~,nsrocuc: the sildetm m the DARE copcept. A K4 cumcwuc. u twailahk !or thin psopoee. The Idsom, exh U-~ mine0!a iooi, Cuter Srreh mplp a, persooai fafety, obaytoi Of lawn. aed helpful and Aars.:u: uer d madicioes apd drop. • Jtstrioe HyY Currfealom A oep-seaiop jupior high curriculum, w1nc6 7rgeb grade 7. hu beep developed .a reuuorce :he :essons d th elementary level curriculum. To aecommoaare m auetly bowrled cLaaoom xhedule, rhea sesswns m BUY buMt during the healm edueanon ~locic d iomuepoe. In Cw Aageld, DARE nffi<ers auo - vssh gtatles i apd 9. They uu timely evenu-iucn u the death d Lea Biqa-m dixuss Srugs apC ~.e;: imptu sad m review critical-thinking and oec:s:en- atakioi ski W. The DARE oRiar aaslgped n :he lupior hti6 xhool works cloxly wib ;he icnooi caupwlipi sbtt pp a vanery d aepvind, These inGtde rut only formal classroom ~eschmg, ws alw sr~a< paR m individual and grsfup ducuuioos wlm 1111dt0b CWaldlled "ar ruk:' tuptrs'bmg sppfSa a dnB trams, and Otpeiatng COptdb aria speaal assemblies. • iliadead CaQeleaim Commwsides do rtes atv+ays haw the rewurces :o eaobliah DARE in every elemspa Uh~i To raspopd m rsgsresti for a DARE education pmg;am m pnvsae and patoctual schooh nos receiving ore t5t11 cutncdum. Lora Angela has developed an uvacrlsp propam. 1 nu ptvgnm IACIndCS a'rtOr'Lng assembly for groups d spdepo from grades ! c 3. with BoBavup w1b m udindual cLusrooms after lunch (torching sptdeob u all these grade levels mq taquite several days). Pstept evemnp art otTered m rhr achpob u aeB. What Are T'he Costs and Who Will Pay? ttkl70nbli • Orw /LFWU ter nybeeeawfu ofJlcn Jot snvry ens s/aanrroy rtAoe4. The cat d sesasigmng a Inv eelortemem ol}{ar ;s geperally borne by me mnaw^r,n.+,r ~ school dspWmn[ pays the ofRcei s friary m~shues the COn wdl the laru entoseemem agency. • hagrms raarllnroe Urtku a pmgnm b vin loge. dta rnotdimaor pxetaBy holds another paipon, fucn u school halal edtsatlop cootdimmr pr police commumry nladooa oRlcer. ur hs {enenrd ninny appnaacha m prevetmoo ethrwti0a. Srdod rya~a tttuat chose aaaoo~ may wrticab aaad alter their Iimitaad imtrrty eftaedwly. Dthar wrawsbn or hnlth speculitw maY ba a®sd r aaaher +PPm°ch aad thry not tewgnis how DARE cm Gt iao rte 7rl hrlth a~ prosram. Sb mess ~ese ;eaamre manrna. proposm d mmpetie< prt>Qama should be mutts o peeoeipaa in the pbdhih{ ptatxu, fa Nraecruem, far watglk, where a taa°~ maamar fix aarha-bd imcactlon had emeryed. DARE came ^ be vxrted r ohe tampodent d a tompreheanve, .anlaear7K11nm hwlrh amacahtas srtaatri. ° B~ f>w j1 y1f1 ~$ JY i11M Y Ia~J f~J daaarsaea ade6k! Schoob arc coocetned thu the matchatq o[ 6aaic dd1L maY ba oa{lacofd r the dema°da inm•"' m address other topip d aocW ooacera. T3a DARE eartathe, which waa devebped ~' hrhh edtraooe >pCiaitl0. u tnnltlreerd, haaie stllb ~ mrdcnu mLLat Isrn m mate teaao°ad choitaa for Ynad health. Morawe. DARE uxapaaaea dr appliahoe d laquye aro tuo may d it bsaaea. Soma psogama haw d®lied wyt m wEiich Na DAAE curriculum maee 1wamR apjat~w+ eaabliahai by tlti Sur Department d EtAieaoon. ° Csa d. bw giMeaear MKruvar afJlwt/ r rawipt eD4'~ r daeoatw Jrry! Each vwee a'.', « ca sTCd 's L-~ctaar iG ie i~ht :dim: crier. Admidiaataon, thara#rre, ass m decide whethe aw~md~ an afEtatr m Najar DARE u wott6 the cat d • tatharod onaeeoe m die erwea Law eaWreem~t tahhiwmaion m osrly d00 lurtsdicvos, havut~ tew~iaed the limttariau d pea spproaehs m our osioa's ~R pmbkmt, have deutmtped thr h ia. Oae aAcar ioaavca m ratty r many u ten elameauty sehdob er W q 40 Claaes pa year. Cosequaatly, sru bw sbrcemmr tbputmeau, which my hww ap.aal ceucana about Na t®e tegtuted br GARE e+lameocon. witl find thr a° ol5te ~ taaet pat-tlme a a DARE isavnar with the halarr d IW Noels tmea heias sword m athr dtprtmeui activitls. Wrtttm Amtentamt yahoo d DARE ttqultw . putaaahip betw»m bw aalorarrtar and edtataaon ryrtrs. A wnasa agaemar batw°m law enbreemeat a°d Schaal emeiW dtantmaan each a~mcy'a commi®et m PtolaT dVlB and dater their nspactin tole. Thu agaamtr PemRY ixltuw: • A mrmat d thdr atnual ~mma®ra v .mwc.:r.: CURE u t wed m pmeat atbauoce lte amaq chrldr® ° ib bw enbreamea tda: m aati~ m a aoo-'~.aw e6reamaat tot gwlitied a@Itexs wbo w.ll rata thn DARE cmrw.vinm m tlu xhoob ° .3a sehcol nib: m ptwide :.tasraom tlme or leaasna. omrrtnae add ercattage 'eachen a ww~prxc and teraforce cbwdom arnvtaa ° Prapam atmpe: dr gase(s) m 6e ntyemd and re fA®bC d !Cheat and mldentf m be reaCbOd ° Spad6caaao d the ataxy ccaQoamblc for ptwidu:q naeh mwran a sm0eat wortbuofa and :.Imt ° S~peetCao~ 'on'oa d the aQenty mpom:ble Sr :rogac. ° 1a10~fm (Of Ie`alar "Ommnn1C9L0n Xrseta '_^.e two amp 1Ta ~ quatiey d the afdar i0muctots a the 'cmmae d Ma CURE psogam. OfEeaa mtsw wluntar ar ae proRem oh tlr baba d • nlid cemmrmxm m tam a sae neada~t ~ni P'enWe and d two wean ttrawt apcimce. mamriry, and ~ cormunicaacn and roiia. 1°he tin shtrWd be Gam the lawl communuv, whee rln will ti ,sn a..l ,.~...~.,..t ,., ... Hottwtat, whe caomumaa arc Ball or do toc^aav- tetdurca b aaai~a a lad afLerr, sme ponce or sner.Ps' dtaputdr no each the progam. Aa ooail adore. mmmi®en toy ba put-dme. ibe sdatim pweet peneallY iatclva poi-~.o ci th° P°~• P~r~Y acteeeinl, and a formal inaw.iaw by a miwv ptmal mess m utclude bah polity aad schod personae!. Durio~ these mtervtews. drr httas~~darman tewi attua am apeneace yes qualify them for this unique chtlisp. SehoW pa°sliar hwe afro cammeated o0 how iataacdw partieipatiw is amcer xlernon has hee u tllmimne tbpt miawrrcWaeas abort poLCe eapabdmaa. lhtimq br DARP afiken waaba d m inxauve twoaet (10-bawl eoioa jomrly ptexaoed by 'yaw aeRtcatest attd ettreado° apocxt. Seteral seas ew ot6r DARE amtar tsat~y, uaro~ a format an6T c45>n • OJjicay ~f. 9thib the Los Arsgela Police Cepamnem hu provided srunso~ m the majoriry of DARE odian, fawrd sous have also developed uauune capacsdq. This vainin{ is generally offered ae no charge. but wmmuoiaes >aa~W atLcen must pry trnel, fodgmg, sod mnl cats. whidr my ba pod from xbool or tar eaAfcemeat badges. Ie some :rommumda, farvica clubs underfvrhe the vest. • D1R2 eurrfesr/aaf. 73a aenndum wppli[d by me is Agefr uorOtl Schad District u aNy :eieafed m wmmtwtlea with af}Icen who have coo aasoed m web DARE. The cumculum u supplied esther bee a at a nominal charge. • 1111PE wosstbaok. A workbook. approaimssely SS pagq ion{, teuat b• paiabd SX each ftudwt who Puacspws m rho oars BkUSUSh-atla tvrneulum. ~N on the 9ualkY d the cover soil the numMr of wpw psodrfoed, now erp ham A m f6 per studem. The inset sod ptimq woo m ba pod by the school dapaermas, sd tar ae6roamer ageery, a bey stavia aepeiaooo. a a book or ndtr bat hosiers. • Filear. The dlm lMrrs ar/ 16ar Magary Mindu used mr she kaaoe [ tttdaeb b she impact d haemlLl mbaorsva, T1yr dha Scr. aril Uau;hnn-Drugs sail Aoaq d sheru at the poem edueaaon evepiug. ToW wr lbt bosh dlma u appsoasmaaely 5904 Ib raduca vest. Nma may be s.ufep oy CommYplaea a COffoaOd from (sal film Isbtarw. 7hex f0ms asaY ba paid tr by the tar eebreemeot a~X td sehvd dbprmet, r a IeW paivrr fsmdieg fotasa. Each r e aaeWoa ttsgtriaaoo. book, or otter btuiora. • NaaloaJr. Odles:a sftd b piobcapy hfsadow mr ftrrdaed, tr math atiratdw, rd 6e paatmt meedogs. DARE ddora gaaraiiy aw pboeeapyiog rtuchror as dsa a0~ed as tYa4 eM +RrY. • Qarraar air. Ckawobs ptrtaaoaor an (tegtrrdy men sraetllt{ b 161dM rhr than an vsfual difplaya Many DARE afliran calm pentn or o-aesarencies for selecua :essons Supplses may be pswsded by school deparsrnenrs or dotured by local xhaol suppliers. • Proaastloarl aaaseria4. The dumbu¢oa of brochures. T•shsn, bottom, a bumper saclren eMusca suppon ~ aoY ptogeam. b mry commumnes. semce oa7pWLtlona wdliegly dooaa thex funds of m:ms. Moory bra DARE aalvides hu come from TraaY diliemot sources. Beaux subuance use prevention ~srraaon for yww ecrele .. , nT " -- communides, lonl tevmues are ofren~allocared :o ~~ cover personnel affi supplies. in some local ;ursd:vons (veils from dse sale of confixared drug prepe;^. ^a~e been approprured. leformatra above other passable funding soun:es ,s widely available. Yaices regaMsng rise avadabd:ty of (adlral ~i appear a Ne fedrml Rsguur and Canorrrre Rsuufrts pyly. which coo be abramed u ragiooal 6Nera adkes sail same libnnea. To subxnbe. camnt she Suparsrmdem d Documeon, Gaveromens Printing Off{w• tVrbitrgfon, D.C. 20102-9731. aMphrb (202) 7g7-7271 Sat thmdkrg mry he available through Star Deputmenn d Htalrh and Human Services. PubLe Safety, ur F,xv......., or toms Auumce Act block prvgrusu. Nary slates publish funding nouca sunilu :o ;rose available at the federal level. Iet6rmatioe about privet fouodauom and corponre giviq programf u avarlaNe from :he Faundauoo Cesar through a oatsoeal oerrsork d lihnry reference oaBariaet To dad as about she mmt colkf:urn. all (600) 12~-9176 dll-bee. DARE AMERIG is a ettiooal aoopmdt rorporaooe aatablWad b uaab eadaoride atwaew d dti DARE ptepam sail iq a6ctivaraa B toodieara a oaooaal sfstboob, lima, ad asharP~ edumW mrasala. mrhll0/ olds b law aa6vamar atR~+r ieafnatd io rubUahm6 DARE. Far man ia6tmatior, coorR Sagrs terry Scat. (217) •tl-7277. Appendix A Sources of 1"urther Information Bureau o[ JuWce Agsistancd ~'Q716 Toes Fbpt j1'laDA~tr DARE ~ p`°lee` DARE Cootdmasor 311D Nave >9~ Asmuc, Suie z90 Dmahy L. Erma Phoenix, A2 g30b a,,,n„ ar J,,,o« Auiwnce x,602) z62-gllln62-eug 633 Indiaea Avenue, N.W. Wuh:ogmo. D.C. 20331 ~~. (~~ ~.~ .202, 272604 Setgeaot paoi¢I Boyle I.U6 A1~lks FbIiC! Department/ Project DARE $ra"[~ wem Deputmeet DARE Coordinator su soam State seen Liaumant Rodger Coombs Sy»cux. NY 13202 Los Angeles Policc Departmaet (313) 823-6469 Juvemlc Division-DARE LSO North los Aogela Sweet OtBar Karl Geih ern Aryela, Cw 90012 Prolecs DARE [2131 683-3836 Portland Police Ocpartmeer (09 Middle Sava Star! Coordinatttd D~I,RE Pro$rarDS ~+~. ME oigl (2QT) 773-6361 Timothy DaRa4a, CTid Suaiegtc Developmeet Butew Desective Robert Tmkcr Dtvwoe of Admiou[nnoe project DARE nlhoy. 5,a 4!ice Bosmo Pdicc Academy .Ol Eu[ Adaetl Street. Swte 300 g3 Williams Avenue Spnngfield. [L 62'871 Nyde Park. MA OZU6 121;1 82-32:1 (L:;i :• -•,w.:; ~i3 Lieutenant Wrync Garren Sergeant Muy Tueiltn Protect DARE Proyect DARE Virgsma Stars Pulix Department HuaaviBe polio Department Box :?6'12 p,Q Box 2013 R[chmond. VA 27261-747; Ntmaville, AL SSg01 18001 323-2039 (20A 372-7134 EYa Marx Proem DARE Educauon Development Ctoar, Irtc. SS Chapel Stleet Vawan. MA 03168 ~, 6I?7 969-7100 Appendix B pubilcations t De)oe8, w„ ^A short ikem Enluaeioo d Projen DARE lDny Aber Rmaooce Educatiool: HTlim+rry fodieatiom d Elicd+meu" laGVnal of ~8 Fdurndan (ia pnw). Arresrw8 04 Dotmd for Druts: l°blke a~ Schaal Pororns5ips ro PnweN OrGy Abuu waMro{ma, D~.: Nadorl LadwGe d i CGS, uer. "Ro7c DARE: Teaabie` KidG m Say No m Drop God Alcdal:' NU Rryoro, Mach 586 pp. 2-5. ••~ Pnynm: • Calil6nua Fnaernal oMe, of Police Journal. 6, oo. 2 (Sptmj 583): a7_St, U.S. Onpartmror d Edaadao. WMr 86rkr: SchaoLt M1frAaGa Unyr. waGhiryGOO, DC.: U.S. Deparanem d Eduadoe, 1986. Daeribes made! Gppraaches w dRy above OfMmoa. mtludiat DIRK, ~~.f ,.p~.~; as enGeoaive lin d publicmom. AvWable fia of chu{e by ca0i~ (800) 624-0100 or wrury} Schools Wrtlrout D^+O. Pablo. CO 81009. Dares. Daryl F. "Educamn+Fbliee. DuVtE:' .V'JA.£1 Perspernve. oo. a (Span{ 19A): 7 ..Arty Abur Resituoce Edundoo." 7yv 9bllce ChuJ, Cktahar 1986 "LAPD'G PeoiaGt ONRE." Sthaol si~Y. Sprig 56a pp. z6-n. Cams alw; OftSa d SubGrmce Abur Preveauon U.S. Depaf®eor d Health God Human Servtas P'arklawn BwYlio~ 5600 Fubon Lase RoekvWe. MD 20832 (301) K3-0363 Appendix C ®ARE Lessons The DARE cvtrscWsrm u or{aniud inm sevenseea ciavroom sesuom coeducmd by rib police ofPictt, cossped WsN mgesred acawldes etu{tsr by Ne tysder classroom teacher. A Wsde mo{e d tachm{ acdvsna are wed-quu¢oo-ud-wWer, group disnavoo. :ole-olry, anf wtsrlNook ttetcssa, all datgned m errc...nge studem pamapsnon and response. The follaWmg brill summann of each ;cssan :apnue Ne scope d Ne DAARE nuncvlum and show the care nlcn m to ptepnnoo. All d Nese Isnactss were n~Or Ip(pd and fMiM beCOre WWppRJd 111e bCgan. f, Prvealta Jar Parrowei Safiry. The DARE officer msews comcne safay pracnsxi m ptvsrtxt smdena from harm az home, on she wry m artl from school. grad m Ne nes{hborhoad. :. Drrg Ua ma/ .h9.rau,. Ststdeno tarn Ne hrvmdrl e(Leca of drop d they ate mrauaed u deprcosd m she film. Onsfr and lbw .Nrsrpeg MtM. 3. Caurq.nsta. The law u as the eoaegsreacu of wte{ and nsx wm{ alcohol loll marrjuaa. If sntdenra are iwarz of Nose aonxquences, Nry cm make bssmer infortrxd densrsms regarding Neu own behavsor. n Rerirdn{ Pnrrws td L'u D,rp. The DARE officer uplatm difftrrvr sypm of pteuure-tan{io{ fmm fnendly pmuassod and 2usn{ m N.m- dsir fntads wad others ae ewers on mrdetsu o0 m sobsscco, akelroi, or drsga !. rGiiriaee, lichroper: f{qe ae Sp N~. Ssadam rehearse the army weya d tsshuid{ afira b try meecco, alcohol, ar drop-campy sayih{ m and repearm{ kh~yn~afYO aa-rrnaaarY: theopeg the suD7ea: ^--..f nneY a tprormt thr par7an• Thry loam Net spry tars Hold amaocei N Which they mi{!t ba ssrhjecasd m sssth prawta wall caw "haw{ aramd" wish don-urars. Niak. m sry ro m offm d drop, ih< scss:an ncechd them m assert Nose ngho rontioen~~ astd Without mterferin{ wiN ashen' ngra. ' & ,Nsoae{ie{ Str7u WL7roet 7bltis' g Orugr, Smcera Ieam m eecogasre sourca d sueu :n ;Heir .;yes and txhmsma far avosdina ar 2i~evir.v : mcludvq atetcise, deep beearhmg, anC atk:ng a athen. They learn thu wmg drugs or atconct ~o :eliew strew cauxs new ptohlems. 9..Nade fn)Ls,eas an Avg Ct,. fit ~,~ ofl3cet msews srraregsea usrd m Ne media :a mcouraac mbaao and aicotwl ux, ;nc:uousg 2mmonrals from alebr:nn and saui oressurt. 10. Asdoow~Mekiw{and Rfr~76brq. Sadena',eam re di}ktmce be[wem bad nsio and rvponssbie ^scs. hw m reao{emr dse chows they hm, am how ~o mel~ a decuiea dsir psomoses thew self•usrerau. V. AWrrseows to Dntg Abetr,. Srstslma tarn Nor 'o have lun. to be ictepsed by pan, or ~o ,:eat +~,m teeliop d anger or hurt. Here ate a numoer :r Lsemanvu m wm{ drop and aicanat. l2. ReL .NoIrW~. A hrgh school studem se:rxd w .r n~oe _ee__ .. _ _.... r,...,,:..~y sUYdenty WIN i poLaw role mOdtl. $NOtntS ca.-f Nat drug wen ace m Ne mrmnry. U. 19r,eaie~ c Seppn S7rtais. Ststdcno ;earn Nor Nry oaM m develop pouhw teLooashtq +~N many difhren[ people sa form a support system. K. 91r7a d Osrf wW rnruanr /rave Crap. SmdeaO diatuu the kioda 0( pttasuref NN ~uiV C1Caenter from gia{ members and evaluate Ne caeiequmca of Ne chssxa avulable m Nem. V. heien aR8 .Seareae7. Sssrdenn summarsze W aaaaa Whoa rhry have learned. n. nuiimn, "vii.Aw.~ w..r ..vl.w.... _ Ne factors uaocused vntb drsr{ muuae. Nov sesdeno foal whom daamaelva tawlu ham pttamw and niaoN dWaP and amaimon, to rho sauna sardersb lam abaa their eve pssddw qualiswa wad hoar b wsapiimra clher fardmY. ). A+rerMpwsrur A Rsrgaswe Sy4. Strrdaao haw cetnm rsgho-~b be shemMlv'a. oo sry wMt sEay ... .,,.,q ..+~.... iawanii ~ompoae arw read atouo awn w bow they wo respond when Ney are psaWwd oD car drop wad alcohol. The essry reP~aa ach mrders['s "DARE plsd{e:' h. faYaYslars. to a schoolsride aaa®bry planted m cma+es rvh rsdtdd ademoisaamn, ill srudao rrho haw partloipeaed N Pmjsscs DARE eecesve rnaEcrn d aehsnwmrmt. ~ot05 4ca~. ,i ~y ~ dts¢ °f ~ ~ ~ cum p ~a ~ 0 95jDNa°~pj1a',"uu W"°h V ~g.E~ ~ ~ Ol.~~q~~"5, 41. CAM, ~', J~fpn\+°~~,,,~pl~ayi~ ~ 'i. ~ ~o ~,~tcti yon tc4°~ ~ lOz ' ion 4,aoq` "u ~ t~l°5 ~!!~l• ~ ~~ei• wA~cL„ 8~gpd~* a ma e~ • Qwg 9~'\p;ol~o ~ ~sb ~ -. .,W~iOµ v.M•~~~,.a~o*q~`,;1s~.a+• ~ A85 '°-d~sdn~M-~ ReP°n L9~.~~°yi°0`. D~N,yb6(1sCa'~'"l P"' J\u09g6\' rF~4E Eiy~l~ ~~,,,~o~~P°n~\9q°i' ~~R„t `. B~`,_~ Sa"". Jd„'._ ,'.1~' ^q6 P^'~tE~ vim'' valyupO ~°c•~ °Nr~ Sa,"-~ :~st•iV~~ yg~.P'` \9~,, ~tEE ~E Fpvd~„ ; ~ N,~y 3' M+~`ba•~~,w~ 0 9.N~' ~.q~, ~~~~f~i,~ss~ :or ^~ S. ~pW"~~C°"' 24~ \O.W~~-~~Qggg~"~ \a~ ~V'- pc^~an"v-non 3' ~ ~ dK ' ~~' rq e Nb ~ ~ h~?SNP ~n5"~~U w ~~ `~, 4.L• ~ Gc~Y ~ ~ Fes"' o~ ~n oR^ ya~j0 l~ .+~ ONE p~ W~° q \9~ yeoYp' .. yy~ _As' psa'' ~efb ' ~N1u~ o~ ,~o ~- M f ~~. .s.o-ebc Wix:;..:„4u. \Q ~.+•"'~ ..~•, ~+ ., ~r- ~4 ,~.: U~ ,w~., • ,y~ u Endn®tes :. R.H. Coostdn. F.I. Faazy, asd B.E. Gerber. "Paasras d Cipseme, Alcohol. astd Other Dny Use Among Chil&eo atd Adoksceun: A IaapttNinal Study' lnrrmanonal Journal of rhr ,1doYmonr 21 (1966): 8Y7-9L1. :. L..,. Jahnuoo. P. M. O'Malley, and J.G. _ .~__ . School Sasdenv, Co&n Sttdew, and,Orhu RwnB .sd+du: National Tresdr rh+na8h /98S (Rockville. Marylaad: 'Jm/s. 1986). 3. Edtscason USA. May 23, 1981. p. 296 a. Ridwsond lhntt•Dirparch, Mstrch 4, 1986. S. AJ. Basrya. "Pteveaaba d Adokacros Drtq Ur:' frt4ntmsanol Jatu+sal of dsr .sdditoanr 20 (1983): 1113-11x1: 1.M. Polieh. P.l. Ellielvoo, P. Rasasss, asd 1.P. 6ihao. ~t/j Jor CotunlWB Adolucata Drat Use (Saou Matslta. Calif.: Rood, 1984). ti. lhgart AAAE's non aurirttlsm 6x IIfN- and ssxth-made sodmn wa tlepW iry sir. Rtsm Rich. a htnlm eduoanoo sptculin vnds tha La AnBeks Utstfied SchoW Duttsxt, hom a ...i.... o,. tr,,:... csrsttr re.tr_ MaoaBemeat and Resunoce Tteinin8), a psrwnuon cumcWum designed by the Heaith Behavior Rosaarch Imutute of the Umve:s;r. ~f SosstBan CaliBoroia. wsth tuodin8 Croa dse Nariaoal tasatute m Dtug Abuu. 7. See also W. DeJong, "Pro)ect DARE: Teaching Kids m Sry No m Dngs and Alcohol:' i'U naWm. Match IYt4Q rp. 2-3. b Thete ase thsx mluauon reports ptcpaseC ^y she EWtutloo Tttututq Luvate m Las Ange,es aed svritsen by G.F. Nym: ~.I) An Euvuanan ;i Projrcr AUPE (198x1. !2) Frei Ewwoston Rrpon, ID8a-A83: Projrtt QARE (1985 ~. and LURE Ewhsarion Reporr. l98J-l986. Pro/ecr 131RE (1986). 9. Nyte, LURE Ewlamtws ,Oipart (1986). 10. W. DaJoq, A Short-term Evalwtioo d Pro)at MAE (OruB Abuse Reaimoce Edtsnuon~~. PnJimwry ladicmoas d EfJecuvetrss;' /ounu aJ Dryl Edtscarwn fie preast. l 1. Sae abo W, DeJon{, Arrenwg tM Demaw 'or Drts;r: Polio and School Portnershtps ro P~~rn rs..., a,..., nv..~.,,,o...,, nr ~~,,,,,a r,.,,,..,. d 7sssoce, 1981). - 10 .~. s. raw~ratt runt ana,go. nv~a•s,um. ,'~a ~,,,, GI. I -17.40 MR. AND MRS. TA FONG SHIAH 1634 RAYMOND HILL ROADI/1 S0. PASADENA, CA. 91030 TO WHOM IT MAY' CONCERN: 1-16-90 TFI1S IS OUR FORMAL REQUEST TO APPEAR AND BE HEARD AT THE ME F.T ING JANUA P,Y li, 1990 IN THE COUNCIL CHAMBEP,S AT LYONS PARK COMMUNITY BUILDING. THIS IS IN REF£AENCE TO A NOTICE OF INTENTION JF THE RANCHO CUCAMOMGA REDEVELOPMENT AGENCY IN TRYING TO ADOPT A RESOLD I'I ON TO CONDEMN REAL PROPERTY F'OR THE DEVELOPMENT Ok' A SPORTS COMPLEX-ASSESSORS PARCELl1229-011-22. OUR SPEAKER WILL BE KAREN SHIAH, ONE OF THE PROPERTY OWNERS. SIGNED lyG-RC /j I i PRO?E P.TY OivN F.R vu a yr nni~tinv vwnv.vi.~n MEMORANDUM ~~ ~°„ DATE: January 17, 1990 o C A T0: City Council and City Manager ~~ ~ ~i> ~sn FROM: Russell H. Maguire, City Engineer BY: Linda Beek, Jr. Civil Engineer SUBJECT: Supplement to Staff Report Item No. D-15 - Award and authorizatien for execution of contract for Arrow Route Street Improvements, Phase II, located on the south side of Arrow Route, from Archibald Avenue to Hermosa Avenue, including the Traffic Signal at Arrow Route and Hermosa Avenue and the Traffic Signal upgrade at Arrow Route and Archibald Avenue, for the amount of 5507,540.00 (=461,399.91 plus 103 contingency), to be funded with Systems Development Account No. 22-4637-8735 and T.D.A. Article 8 Account Nos. 12-4637-8829 and 12-4637-8830 (FY 89/90) In the Sub,lect of the Staff Report for Item No. 0-15 an incorrect Account No. is listed. TDA Article 8 Account No. 12-4637-8830 should read Systems Cevelopment Account No. 22-4637-8945. Resoectfull.v-submitted. RH B:sd CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: January 17, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 6Y: Linda Beek, Junior Civil Engineer ~ ~ `'- ~ .~z -, a 19Ji ~ SUBJECT: Supplement to Staff Report Item No. D-5 - Authorize the advertising of the "Notice Inviting Bids" for the 19th Street Improvement Project, from the west City limit to Carnelian Street, to be funded from Systems Development Fund, Account No. 22-4637-8743 In the Background/Analysis of the staff report Item No. D-5, the advertising is scheduled for January 23 and January 30, 1990, with bid opening at 2:00 p. m. on March 8, 1990. The bid opening date should be changed to read February 8, 1990, at 2:00 p. m.. The attached resolution reflects the above-mentioned change. Respectfull omitted, RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TH STREET IMPROVEMENT PR0.IECT", IN SAID CITY ANO AUTHORIZING AND DIRECTING 'fHE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. wHEREAC, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. NHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "19th Street Improvement Project". BE [T 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, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Offi re of tho ~,ty ~ierk rn the ottices of the City of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. on the 8th day of February 1990, sealed bids or proposals for the "19th Street Improvement Project" in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of 19th Street Improvement PraJect". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages fnr 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 the 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 to the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, aynd are available to any interested determinationssto behpostedratithe jobnsyte~so shall cause a copy of such RESOLUTION N0. JANUARY 17, 1490 PAGE 2 The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (f25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic Ts paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him 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 as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices many be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1177.5 and 1777.6 of 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 wTil 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. Mhen unemployment in the area of coverage by the Joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior iu iiie reyuesc rvr cerciilca te, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. Nhen the trade can shots that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or totally, 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 apprentices br journeymen in any apprenticeabie trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 1n the employment of apprentices. RESOLUTION N0, JANUARY 17, 1990 PAGE 3 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ez-officio the Administrator of Apprenticeship, San Francisco, California, or from the Divi ston of Apprenticeship Standards and its branch offices. Eight (8} 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 subcontractor under him shall comply with and be governed by the laws of the State of California having fA do with working hours as set forth in Oia si oa 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 (f25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontrac to 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 submit 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 (108) 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 7n event of raliure w enter into such wnira~L aaiu wail, ca shler's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be aDDl led by the City of Rancho Cucamonga to the difference between the low bfd and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond-to be given to secure a faithful Derformance of the contract for said work shall be one hundred percent (1005) of the contract price thereof, and an additional bond in an amount equal to fifty percent (508) 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 Lhe Contractor, or any work or labor of any kind done thereon, and the %ontrac tur will di i4 be reyufi`Ed w furrii 5h 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 for the construction of said work, RESOLUTION N0. JANUARY 17, 1990 PAGE 4 No proposal will be considered from a Contractor whom a proposal form has not Seen 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 70D0 et. seq.) and rules and regulations adopted pursuant thereto at the time time this contract is awarded. The .irk is to 5e done in accordance with the profiles, plans, and specifications o` the City cf Rancho Cucamonga on file in thz Officz of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and sDectficati ens, available at the office of the City Engineer, will be furnished upon application Lo the City of Ranche Cucamonga and payment of S35.U0, said 535.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of 520.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract 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 6e done by the Contractor, the Contractor may, upon the Cn-`ractor's request and at Lhe Contractor's sole cost and expense, substitute au ~?~orized securities in lieu of monies withheld (performance retention). lilt wi L~ ~i nou~irv euwxNnyu, i.ai iiui nia, rexr~e> Lice riyiiL w reJ eel uny and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this day of 19 PASSED AND ADOPTED 6y the Council of the City of Rancho Cucamonga, California, this day of 19 yor Ai7EST: y er ADVERTISE ON JANUARY 23, 1990 JANUARY 30, 1990 January 5, 1990 City oC Rancho Cucamonga Ms. Debra Adams, City Clerk U320 Base Line Rcad, Suite 'C" Rancho Cucamonga, CA 91729 Dcur Ms. Adams: This letter ac.. resscs pending ordinance No. 414 pertaining to roller skates, skateboards and similar devices, which nad rts first reading at the Cily Council meeting of January i, 1990. I am asking that the City Council consider several changes to the ordinance at the sccm:d reading, First, as mentioned by Mr. Baker in his staff report, 1 would like the Council to consider adding the following smtcr,:cnt from the San Clemente ordinance: "The City Council is sensitive to the fact [hat skateboarding is a means of transportation !or many of the City's youth, as well as a popular recreational and self-expressive activity; and the City Council, being concerned for the general welfare of the people, hereby finds that in the interest of the public safety it is necessary to regulate the use and operation of roller skams, skalcboards and similar devices within the City limits, as set forth below," This statement emphasizes the Council's concern for the youth n( the City and shows that the intent of the ordinance is in the interest of public safety, not the restriction of ecrtain forms of recreation. Second, will the Council re-evaluate Councilman Buquet's request to restrict skateboards in pedestrian crossings. Since this ordinance regulates roller skates, roller blades and pons:niy other dcvrecs as well as skateboards, this provision would be essentially unenforeeahle. All people operating these devices would still be subject to the same tm((ic laws as pedestrians using crosswalks. Finally, for the same reasons as in (he item above, 1 ask the Council to include the following section from the San Clemcn!c Ordinance: "No person shall use or operate roller skates, skalcboards or similar devices nn a public or private street or alley in the City i( there is a sidewalk adjacent and parallel to the street. If no such sidewalk is present, roller skates, skalcboards and similar devices may be operated in the street as far on the right-hand side of the roadway as is practicable, in the same direction as traffic." ' fu~.i iiicse changes wouid make the ordinance more cn(orccable without severely limiting the recreational opportunities n( our youth. Thank you (or forwarding Ihis letter u> the City Council. Sincerely, Mark Whitehead Il~~lt~O 705(1 Novara Place Rancho Cucamonca, CA 91701