HomeMy WebLinkAbout1990/04/18 - Agenda Packet
CITY
I;UUIV(;1L
ACi~1V JuA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
April 18, .1990
Lions Park Community Center
9Ib1 Base Line Road
Kancho Cucamonga
+tt•
City Councilmembers
Dennis L. Stout, .ua~ror
Pamela J. Wright, Counri7memDrr
Deborah N. Brown, MoyorR,o•rsm
Charles J. Buquet, counnrmem6r.
William J. Alexandeq coxnritmrmDe.
•~•
JaIR Lali,, ~ anaKer
James L. Markman,rocro~,4aornrc
Debra J. Adams, c,n rio.e
City OOice: 989-1851 Lions Parr: 980-3145
PAGE
City Council Agenda
April 18, 1990 ~ 1
All items submitted for the Citp Council Ageads mutt De in
writing. The deadline for ¢uDmitting these items is 5t00 p.m.
on the Nedneaday prier tv the meeting. The Citp Clerk's
Office receives all such items.
A. CAi.L TO DADEA
.. ..-dye c. ..~ a^y in ;x .... . _ 7
I
2. Aoll call: Buquet _, P.lexander _, Stout , II
Brown _, and Wright
I
B ANNOUNCHNENTS/PRSSEXTATIONS
1. Presentation to Lloyd Michael, Retiring General Msnager,
Cucamonga County Water Oieirict.
.. Presentation of Proclamation to Dave Moore and 7anie
Lynch for their Heroic Efforts.
3. Presentation of Proclamation to David Blakeeley in i
Recognition of Nie Service on the Planning Commieeion.
C COMNIBII CATIONS IRON T86 POELIC
This is the time end place for the general public to address
the City Council. Siete law prohibits the Citp Councll from
add resaing any issue not p[eviously included nn the Agevda.
The Citp Council may receive testimony and cat thm matter for
a subsequent meeting. Co®ents ere to ba limped to five
minutes per individual.
0. CONSENT CALENDAR
The following Consent Calendar items arm mstpmMmd to bs
routine and von-covtrovaraial. Thmy mill bm actmd upon Dy the
Couveii et one time wiEBduE dleeuaaioa. Anp Slam map ba
removed by a CouncilmmmDmr or mmmhar of thm mudimacm for
discussion.
1. Approval of Ninutee: March 21, 1990
March 28, 1990
2. Approval of Narrante, Register Noe. 4/4/90 and 4/11/90; 1
and Payroll ending 3/28/90 for the total amount of
$1,621,379.67.
PAGE
City Council Agenda
April 18, 1990 2
3. Approval to receive and file current Investment Schedule 30
as of Marcn 31, 1990.
4. Alcoholic Beverage Apglicat ion for On Sale Beer and wine lU
Public Eating Place for Coco'e, GRC Re ataurant e,
Incorporated, 7269 Haven Avenue. ~
5. Approval to deny use of Systems Development Feee for the 20
construcrion or fuii inuereecc ion imprvvmnv,~n i -.,.,.L-.y
traffic signals at the intersection of Highland and East II
Avenues for Veat ing Tentative Ttact Map 13945. i
fi. Apptoval of and authorization to execute Common Uee 23
Agreement (CO 90-059) with San Bernardino County Flood
Control District for joint use of Flood Control District
Land ai the Cucamonga Creek Bridge widening Project at
Arrow Route.
7. Approval to execute Real Property Improvement Contract 2Q
and Lien Agreement (CO 90-060) and Ordering the
Annexation to Landscape Ha intenance District No. 3 and
Street Lighting Maintenance Diettict Noe. 1 and 6 for
CUP 88-37, IacaCed at 7649 Et i.anda Avenue aubm!tte3 by
Mercy Ambulance Service, Incorporated.
25
pF.ROT.IITTON NO. 90-160
A RESOLUTION OF THE CITI COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
A REAL PROPERTY IMPROVEMENT CONTRACT AND
LIEN AGREEMENT PROM MERCY AMBllLANCE SERVICE,
INCORPORATED, AND AUTHORIZING THE MAYOR A,'iD
CITY CLERK TO SIGN THE SAME
26
RESOLUTION NO. 90-161
A RESOLUTION OP THE CITY COUNCIL OF THE CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNEXATION OP CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 3 ANO
cmpggT r.IGMTiNa MAINTENANCE DIStRIta NOS. i
1 AND 6 POR CONDITIONAL USE PERMIT NO. 88-
37
B. Approval to award and execution of a Pzofaeelonal 29
services Agreement (co 90-061) fot a marketing/
feneibil ity study for the proposed 1200-east Rancho
Cucamonga Central Pnrk Performing Arte Theater to Hitze
Productions in the amount of $15,000.00, to be funded
from RDA Contract Services Account No. 13-50200.
City Council Agenda
April 18, 1990
PAGE
9. Approval to award and execute a Profess tonal Services 40
Agreement (CO 90-062) between the City of Rancho
rn camnnga and DGA Coneu ltante. Incorporated, for the
preparation of design plane, contract specifications and
engineer•e estimate for Haver. Avenue Rehabilitation and
Widening from 4th Street to Soothill Boulevard. The
not-to-exceetl Fee of 5169r7D0. 00 piue 30s contingent tee ~
t0 be funded from System Development Fund, Account No.
22-46 ,-o» (1 :i, e~... ~ ..... ............_ yo. gn-e6,7_caaa
^
(86&)~
10. Approval to award and authorization for execution of i 42
contract (CO 90-063) for Arrow Route Street Improvement
and Signal Upgrade at Haven Avenue from east of Henno ga
Avenue to Haven Avenue to Mobaeaaiy Erq ineerinq,
Incorporated for the amount of 5227,784.00 ($207,076.68
plus SOi contingency), to be funded with Syeteme
Development Fund Account No. 22-4637-8850 and TDA
Article 8 Account NO. 12-4637-8831.
11. Approval of Map, the summary vacation of a portion of 44
Utica Avenue, execution of Improvement Agreement,
improvement Eacuzlty, and Ordering Lho AcnexatioC. to
Landscape Maintenance District No. 3 and Street Lighting
Maintenance Noe. 1 and 6 for Parcel Map 11410, located
ar •hu srnlthwwat corner of Arrow Route and Utica Avenue,
submitted by Utica-Haven Associates.
RESOLUTION NO. 90-162 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OP RANCHO CL'CAMONGA, CALIFORNIA, APPROVING
PARCEL NAP NVHEER 11410, ZMPAOVEMBNT
AGREEMENT, AND IMPROVEMENT SECURITY
RESOLUTION NO. 90-163 47
A RESOLUTION OF THE CITY COUNCIL OB THE CITY
OP RANCHO CUCAMONCA, CALIFORNIA, SUMMARILY
ORDERING THE VACATION OP A PORTION OF UTICA
\V?NnF_.
RESOLUTION NO. 90-164 48
A ABSOLUTION OP THB CITY COUNCIL OF TFIIS CITY
OP RANCHO CUCAMONGA, CALIPORNIA, OADBRING
TNB ANNB%ATION OP CERTAIN TERRITORY TO
LANDBCAPE MAINTENANCE DISTRICT NO. 3 AND
STA86T LIONTIRG MAINTENANCE DISTRICT NOS.
1 AND 6 BOR PARCEL MAP 11410
City Council Agenda
April 18, 1990
PACE
12. Approval of Improvement Agreement Extension for Tract
51
12895, located on the west side of Baker Avenue between
~
I ~ Poothill Boulevard and Arrow Route, suhm+t~e.+ ~^_ ^-^-'
I
' ~ Wall Builders.
i
I~ ~ 53
I ~ I AESOLUT ION NO. 90-165
i I __ ___ __. _-___ _° mve nrmv rnrtn1CIL OF THE CITY
T
I CUCAMONCA, CALIFORNIA, APPROVING ~
it I OF RANCHO
I IMPROVEMENT AGREEMgNT E%TENSION AND
I
i ~
IMPROVEMENT SECURITY FOA TRACT 12 E95
~ i ~' 13. Approval of Improvement Agreement Extension for Tract 5Q
~I ; I ~ 13367 located on the north aide of Highland Avenue I
i ' between Hallman Avenue and Amethyst Street, aubm fitted
by Quintessence Development Company.
56
RESOLUTION NO. 90-166
I ,
I A RESOLUTION OP THE CITY COUNCIL OF THE CITY
' OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
iHPFOVEMEHT SECURITY FOR TRACT' 13367
14. Approval of Improvement Agreement Extension for Sim I 57
aoon~.o lnn.rnd nn Elm Avwnuw between Chv rch Street and
it ~ it Spruce Avenue, submitted by Lawie Hamea.
69
ABSOLUTION NO, 90-167
A RE80WTION OF THE CITY COUNCIL OF THE CITY
~ OF RANCHO COCAMONGA, CALIFOAN IA, APPROVING
i
j i
IMPROVEMENT AGREEMENT EXTENSZON AND
IMPROVEMENT 98CURITY POR ELM AVENUE
15. Approval to nccept Improvements, Release of Bonds and
' I Notice of Completion for:
I Traci 10827-3 located o th south side of Manzanita 60
dri a between Na n R en antl H rmOea Avenue
Release:
Faithful Performance Bond (9traet) $420,000.00
Accept:
Maintenance Guarantee Bond (street) S 42,000.00
PAGE
City Council Agenda
April 18, 1990 5
!II RESOLUTION NO. 90-168
II 61
~ I
A REBULU'1'IUN Ur 'lME U1'1'r I.VUnU1L UC 'PM ,.
~ OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THS PVBLIC IMPROVElD:NTS FOR TRACT 30827-3
'
~
'I AND AUTHORIZING THE FILING OF A NOTICE OF
i
COMPLBTION F'OR Tria WOnii
i
t
DA 86-36 located on the south aide of 6th Street between 62
~ ~ Utica Avenue and Cleveland Avenue
~
i~
I ~ ~ Release:
I
I '~ Fa i[hf ul Performance Bond (Street) $880,000.00
I
I
j ii
II RESOLUTION NO. 90-169
63
~' A RESOLUTION OF THE CITY COVNCIL OP THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOA DR 86-36 AND
I AVTHORIZING THE FILING OP A NOTICE OP
I
~ COMPLETION FOR THE WORK
i I, Parcol Nan 79C2 2oeated on the southeast ccrcer of 6?
~ I Wilson Avenue and Mevberrv Avenue
Release:
i ~ Faithful Performance Bond (Street) $ 49,000.00
!
I RESOLVTION NO. 90-170 65
~ I I
i
A RESOLUTION OP THE CITY COUNCIL OF THE CITY
~ ~, ~ OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
~' THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7902
j AND AUTHORIZING THE FILING OP A NOTICE OF
COMPLETION
6. CONSENT ORDINANCNB
The follouinq Ordinavicea have had public haarivge at the ties
of firaE readinv. 5ecand raadivga as erneeted to be rout ins
and nov-eovtmveraial. They will be acted upon by tke Council
a! eve tiw without discussion. The City CLrk will read Lhe
Litle. Any itaN can be resoved for discussion.
66
1. AINlDSNT PERMIT
ORDINANCE NO. 290 - CITY OP RANCHO CUCAMONOA - An
amendment to Chspter 5.32 of the Municipal Coda
modifying requletione Eor entertainment permits.
PACE
City Council Agenda
April 18, 1990 6
ORDINANCE N0. 290-A (second reading) 66
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IIANCHO CUCAMONGA, CALIFORNIA, AMENDING
TITLE 5, CHAPTER 5.12 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE TO MODIFY
AFOULATLONS CONCERN IIrG eNt'ER3AIh?Tch'i' PEidSiTb
P. ADVERTIHED PUBLIC HHARINOS
Tha following items Deus bean advertised avd/or posted ac
public hearings s• required by law. The chair will open the
meetivg to receive public testimony.
1. CONSIDERATION OP POOTHILL BOULEVARD SPECIFIC PLAN
ND N 9 0 C C O G - A request
to amend the Foothill Boulevard Spec if is Plan by adding
pharmacy uea in the Specialty Commercial District of
Subareas 1, 2, and 3; clarifying the intent of wordings
in eeverai areas of the Specific Plan text for
ooneietency purposes; clarifying the Development
District and standards fcr the arcs at the end of Sae
Bernardino Road in Subaree 2; and modifying the plant
palette for the Poothill Boulevard landscaped median
island. (Continued from Aaril 6. 19901
RESOLVTION NO. 90-171
A AESOWTION OP THE CITY COUNCIL OF TAE CITY
OF RANCHO CUCAMONGA, CALIFORNIA,
RECOMMENDING APPROVAL OF FOOTHILL BOULEVARD
S PECIPIC PLAN AMENDMENT NO. 90-Olr BY ADDING
PHARMACY VSE IN THE SPECIALTY COMMERCIAL
DISTRICT 08 SUBAREAS 1, 2, AND 3; CLARIFYING
THE SNTENT OF WORKINGS IN SEVERAL AREAS OF
THE SPECIFIC PLAN TEXT FOA CONSISTENCY
PURPOSES; CLARIFYING THE DEVELOPMENT
DISTRICT AND STANDARDS POR THE AREA AT THE
ENO OP SAN BERNARD INO ROAD IN SUBAREA 2; AND
MODi PY"iNG 'FeE PLAhZ' PALE'ZE POA 'The F~HI LL
BOULEVARD LANDSCAPE MEDIAN ISLAND
Tbm following itua have ao legal publication or postimg
rsquiraeata. The Chair will opmn the muting !o receive
public teatimmvy.
67
I11
Ciiy Council Agenda
April 10, 1990
PAGE
~ 1. CONSIDERATION OF AN APPEAL OP NOTICE TO ABATE PUBLIC i 113
i I
nU13A S - tl9YJ a'tiNANUA My - - -
t I
i B. CITY MANAGER'S STAPP REPORTS
i I I
j a.i y....:na itua do aot legally requi:a nay public ~
___
I j teatiaonpr although the Chair eaq open Lhe acting for public j
i II input.
i
II
i
1. CONSIDERATION TO ACCEP IMPROVEMENTS RELEASE OP BONDS
12Q
i t AND NOTICE OP COMPL TION~'1'AACT 12577 LOCATED ON
I j I p~GRrMS COVRT AND 19TH STREET
I ~
Release:
Faithful Performance Bond (Street) $179,000.00
i Accept:
Maintenance Guarantee Bond (Street) $ 17,900.00
RESOLUTION NO. 90-172 125
i i A RESOLVTION OF THE CITY COVNCIL OP THE CITY
j I OF RANCHO CUCAMONGA, CALIFOANIAr ACCEPTING
THE PUBLIC IMPROVEMENTS POR TRACT 12577 AND
AUTHORIZING THE PILING OF A NOTI CB OP
i ~ COMPLETION P'OA THE WORR
Code Enforcement Act i.vity within the 10200 Block of
~ 126
~ j Ashford.
I
I COONCIL BUBINE88
The following itua have bean requested by the Citp Council
for diacuasioa. Thep nre not public hearing itus, although
the Chair up opoa Lhe eeetiag for public input.
1, R_ nN RnDNTY ANO REWARD SYSTEMS POR GRAPPITI 13O
1 j
i li 2. CdNSiDEAn2iON OF A RES0~9n SUFFORT 08 C0UNTY'3 1Q1
~ DECISION ON TASR FORCE AB 939 - Approving uvibarehip of
a Solid Waate Taak Porce required under AB 939.
City Council Agenda
April 1B, 1990
PAGE
RESOLUTION NO. 90-1 i3 i 141
A RESOLUTION OP THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
MEMBERSHIP OF THE SOLID WASTE TASK FORCE
REQUIRED UNDER A.B. 939 (STAYS 1989) AND
R&LAT'SD MATTERS
3. RESOLUTION CONFIRMING TAE IMPORTANCE OP TAE FOOTHILL
BOULEVARD AND ROCHESTER AVENUE Ih'fERSECTION
RESOLVTION NO. 90-174
A RESOLUTION OF TMa CITY CuUNCii OF THE CZSY
OF RANCHO CUCAHONGA, CALIFORNIA, STRESSING
TO THE OSPARTMENT OF TRANSPORTATION THE
IMPORTANCE OP THE POOTH ILL BOULEVARD AND
ROCHESTER AVENUE INTEASSCTION TO THE
CITIZENS OF THE CITY AND URGING PI RST
PRIORITY PROCESSING OP THE CITY'S PROJECT
J IDENTIFZCATZON OP ITEMS POR NEST NEE'^ZN6
Thi• is the tise for Citp Council to identify the ltas Chap
aish to diacva et the next seeting• Thee ilea sill net be
diecuaaed et thin seeting, only identified for the next
seeting.
A. COMNI7NICATIONB PROM THE PUBLIC
This ie the tine and piece for the general pnblie to address
the Citp Council. elate lea prohibits the Citp Comcil fro.
sddrauing enp issue not previously included on the Agenda.
The Citp Couvcil sap receive tsstisony and set the utter for
subsequent wetivq. Comeeb are to ~Da 1Litad to five
sinutea per lndivlduel.
L. ADJDURNi6sNP
I, Debre J. Adamn, Clty Clerk of the City of Rancho Cucamonga,
hereby certify that a true, accurate copy of the toregoing
egenda wan posted on April 13, 1990, seventy-two (7Y) hwrs
prior to the meeting per Government Coda 54953 at 9320-C Base
Line ROa
143
144
March 28, 1990
CITY OP RANCHO CUCAMONGA
CITY COUNCTL MINUTES
Joint Meetino
Joint Neet ing of the City Council and
the Public Safety Coauninnion
A. CALL TO ORDBR
A joint meeting of the City Council of the City of Rancho Cucamonga and the
Pu61ic Safety Commission met on Wednesday, Mnreh 28, 1990, at the Rancho
Cucamonga Neighborhood Center, 9791 Arrow Hi9hvay, Aancho Cucamonga, California.
The meeting was called to order at 7:05 p.m. by Mayor Dennis L. Stout.
Preeent were Councilmembera: William J. Alexander, Deborah N. Brown, Charles
J. Baguet II (arrived 7:07 p.m.), Pamela J. Wright, and Mayor Dennis L. Stout.
Preeent were Comm lea loners: James Cu[atalo, Pat[icia Quintana, Pete Amodt, and
Chairman Clyde A. Boyd.
Abnnnt were Commi9eionera: George Yankovich, Daniel Glans, and Elvira Weet.
A leo present were: Jack Lam, City Manager; Jerry B. Fu lwoad, Deputy City
Manager; Rick Gomezr Community Development Director; Ruse Maguire, City Engineer;
Duane Baker, Sr. Admini etrat ive Aeaiat ant; Marti Higgins, Disaster Preparedness
Coordinator; Tony Flores, Administrative Aide; Jana Ellie, DisasteY Preparedness
Technician; Joyce Hunt, OEPlce Assistant; Chief Dennis Michael and Division Chief
sob Co[cozan, Rancho Cucamonga Fire Protection District; Lt. Bruce Zeiner, Rancho
Cucamonga Sheriff •e Station; and Jan Sutton, Deputy City Clerk.
f • 4 • R
Mayor Stout stated this was one of a continuing aeries of meetings the Council
was havinG with Commissions and outs ids agencies to improve communication on
issues coat aifecc the community.
• 4 • f • R
B. JOINT IT6N8 O! DISCUBSI OM
Bi. Discussion of Itsme of Mutual Concern.
Chairman Boyd expressed appreciation to the Council for [hair support of puhl is
safety in general, and of the Commies ion epacifically.
City council and Public
Safety Commission Minutes
Harch 2R, 1990 '
Page 2
Councilwoman Wright felt the Commission hoe nerved the community well, and hoe
helped the Council immensely Dy handling issues that would nave gone cc c:,a
Council if the Commission did not exist, and helped to expand the area of public
safety in the conuouni[y.
Chairman Boyd reterred to the Public Safety Commies ion's 1909 Annual Report and
•6.. .. _..we. ..I ehv mnAa_ Fo nihjt __p lhai 4Fa Cnmmina5 nn M1anA1nA. v all __
items identifiedcby staff and the Commiae ionere.
Councilwoman Brown felt the Commission had a reputation for integrity and
respect, and felt that when the Council referred items to the Commission, they
are confident that they wili be well analyzed, and can rely on the Commission's
i E~G~T.Yiu ndat iGn.i
Mayor Stout felt it was well known the importance the City places on public
safety ieeuee, and that they have just scratched the surface on some issues that
will be looked at in the near future. He felt the City will be taking an active
role in preventing certain situations, each ae the gang issue, and hoped the
Commies ion would be able to work on prevention education types of programs for
the community.
Chairman Boyd stated that some of those ieeuee will be covered in the upcoming
law enforcement budget. He spoke about an idea that formes Commiaeloner Nacho
Gracie had about utilizing people from graffiti prone areas to work in the parka,
who would not only know who wan creating the problem but might also be able to
ewe. you. y~~..i u..... .i.• ~. u.. ~. ~. ~i.~ r .. .. p ~. ..y .. ~ ..
neighborhoods, and how the Commiaelon Se exploring that avenue. He felt that
the citizens provided many good auggeetiona on ways to handle certain ieeuee,
and the Commission appreciated receiving that type of input.
Councilman Alexander asked what the turnout at the Commies Iona meetings was Like.
Chairman Boyd stated that SCi of the agenda seemed to be traffic problems that
are brought to the attention of the Commieaion by citJ.zane, and the other 501
are general safety ieeuee brought up by the Commission or staff. He stated the
number of people attending the meetings varied depentling on the ieeuee being
discussed, or Lf there was eomething happening in the community that cltlzene
wanted to make the commission aware of.
Mayor Stout felt the Clty hoe a good reputation wish eurrounding communi[ies Eor
how thny view Pub sty. n cad nn wan ampc aaand with can teen
showing a decrease jin atraff is accidents, aepeclelly since therachas nbaen ouch
en increase in population. He felt that wish the enforcement, engineering, end
education components stressed by the City, the people understand and appreciate
the focus on public safety.
Chairmen Boyd stated he felt It was uncommon for a Count ll to eat as one of lie
goals increased public safety, end felt thle policy end Airact ion frao Council
has helped the Commlselon !n doing thou job.
City Council and Public
Safety Cos®iesion Minutes
March 28, 1990
Page 3
Councilwoman Brown felt the Disaster Preoaradnaaa uia~ =n.,.. i.+ no .aoa..a.r n~..~
m cne rmuc eatery Commission to conduct periodic reviews of it.
Councilwoman aright concurred.
Sack Lam, City Manager., stated it would be going back to the Commission 6ecauee
of the annexes that needed to be completed.
Councilman Alexander asked how many annexes were left.
Marti Miggine, Disaster Preparedness Coordinator, stated they are working on
eight currently, and there were eleven total.
Commissioner Amodt stated ha felt the communication between the Conniasion and
council has always been good, and would hope eo sae it continue.
• R R w . •
B2. Vitleo P e to D '
Marti Higgins, Disaster Preparetlneee Coordinator, presented a video film on an
earthquake drill put on Dy the Chaf fey Joini Union High School Distrlci and
emergenv-y agenclee in the City in 1989, and discussed the upcoming dr111
scheduled for June of ehle year.
C. COIORMICATIONS PROM THE PDELIC
No communication was made.
R 1, • • • R
Jack Lam, City Meneger, announced the City had cloeed ire latest bond issue which
would be need for the Sports Park, the Milliken gratle crossing, the first phase
of Central Park, nll the Fire District facllit ice, and the flret phase of the
Foothill Boulevard implementation.
R • • • x •
ack Lam, City Manager, referred to a iist of pvvvibiv dates for thv Ccuncii
Team Building and Goals workehgp.
The Council tentatively set the date for July Id, 1990.
• 1, R R R
City Council and Public
Safety Commission Minutee
March 28, 1990 '
Pnge 4
nuanw Aakwr. sr. AAmini wtrat ivw Aawi at ant. wkwd the Council for a date they
would be available to conduct their joint meeting with the Planning Commission.
The Council stated May 8, 3990 would De acceptable.
D. ADJODRHIdNT
MOTION: Hoved by Wright, seconded by Brown to adjourn. Motion carried
unanimously, 5-0. The Council adjourned at 8:10 p.m.
MOTION: Hoved by Quintana, seconded by Curatalo to adjourn. Motion carried
unanimously, 4-0-3 (Yankovich, class, west absent). The Public Safety Cosaiccicr.
adjourned at 8:30 p.m.
Respectfully submitted,
Jen Sutton
Oepury city Cierk
Approved by public Safety Commission: April 3, 1990
Approved by City Council:
March 21, 1990
CITY OP RANCHO CVCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO OItDP,~
A regular meeting of the Ciiy Council of the City of Rancho Cucamonga met on
Wednesday, March 21, 1990r in the Llone Park Community Center, 9161 Basa Line
Roatl, Rancho Cucamonga, Cal ifcrnia. The meet inq was called to order at 7:08
p.m. by Mayor Dennis L. Stout.
Present were Councilmembere: William J. Alexander, Deborah N. Hrown, Char lee
J. Buquei IIr Pamela J. Wright (arrived at 8:00 p. m. due to her attendance at
a School Hoard meeting), and Mayor Dennis L. Stout.
Also present were: Jack Lam, City Manager; Jamae Markman, Clty Attorney; Linda
D. Denieia, Deputy City Manager; Rick Gonw z, Community Dava lopmani Giraotar;
Olen Jane e, Sr. RDA Analyst; Ause Maguire, Cliy Eng ineei; Shiniu Bose, Deputy
City Engineer; Mlke Olivier, Sr. Civil 8nglnaarj Otto Erouiil, Deputy Ciiy
Plennwnf i.w rnv Nendnrwnn. Prinrtinal Plannwrr Gail 4anchwz. PU nnS nn Cnmmiwwinn
Secretary; John Martin, Plan Check Coordinator? Joe Schultz, Co®unity Services
Manager; Paula Pachon, Administrative Assistant; JLS Hart, Administrative
Hervicee Director; Susan Neely, Finance Manager; James Frost, City Treasurer;
Duane Baker, Sr. Administrative Aaaietant; Diane O'Neal, Administrative Anelyet;
Susan Mickey, Administrative Alde; Patty Alff le, Executive A99 Setant; Chief
Dennis Michael, Rancho Cucamonga Pire Protection District; Lt. Bruce 2einer,
Rancho Cucamonga Sheriff's Station; and Debra J. Adams, Ciiy Clerk.
R e e+ R R
B. ANNOVRCBlW~IPtB/PRESENTATIONS
BS. Preeentai ion to Commemorate Community Developaent Block Grant Week.
Mwvnr Yr our mArin rha Annnunnamnnt in MP.mwmnrJ,r• l)(vM1ntm{fv nwvdl nimwnt_ _n l_nr_k_
Grant Week.
R R R • • R
No communication wee mods trom the public.
• • R • R
city council Minutee
March 21, 1990
Page 2
O• CONSENT CALENDAR
-_. __«__.__ __ .._.._.. °^~•••"n.. 7. 1990
" Pebruary 14, 1990
February 21, 1990
Narch 7, '_990 (brown absent)
D2. Approval of Warrant e, Register Noe. 3/7/90 and 3/14/90; and Payroll ending
3/1,/~~ fc_ _„_ _____ _,. mr of 51.996.285.77.
D3. Alcoholic Beverage Application foi On Sale General Eating Place for Mango's
eeachfront Cafe, Tumbleweed Grill, Incorporated, 8034 Haven Avenue.
C4. Approval to authorize Che advertising of the ^NOtice Inviting Bitla^ for
the Highland Avenue Reconstruction, Hermosa Avenue to Mayberry Avenue Improvement
Project, tc be funded from TDA Article 8, Account Nc. 12-4637-8910 (FY 89/90).
RESOLUTION NO. 90-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AANCNO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFZCATIONS FOR
THE "HIGHLAND AVENUE RECONSTRUCTION, HERMOSA AVENUE TO
MAYBERRY AVENUE" IN SAID CITY AND AUTHOAI ZING AND DIRECTING
Tn~ CZTY' CL'aRE TO ADVERTISE ZO RECEIVE BIDS
^9. Approval to nuthoriza the ndvertieing of the "Notice Inviting Bide" for
Rasa T.ino Rnwd Moditn Anh mfil fmm Mnvnn avnm,n •n Henn nronk ~.. we f....wo.r
from Landscape Maintenance District No. 4, Account Nc. 43-4130-8956 (FY S9 (90).
ITEM REMOVED POA DISCUSSION BY M11YOA STOUT.
RESOLUTION NO. 90-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "BASE LINE RETROFIT, FROM HAVEN AVENUE TO DEER CAEEX", IN
SAID CITY AND AUTNOAIEING AND DIRECTING THE CITY CLERX TO
ADVERTS SE TO RECEIVE BIDS
D6. Approval to designate Milllksn Park ae the name of the park Bite adjacent
to the future Y.M.c.A. facility ne reconmended by the Park and Recreation
Comanieelon. ITEM REIMVBD FOR DISCDSBION BY MAYOR STOUT.
D7. Approval of an adjustment io the Tri-coimAUnity boundary line used for
community identification on City street name signs. Adjuatinq the wsaterly
boundnry of Etiwande and the easterly boundnriee of tAS Alta Loma and Cucamonga
areas free along Rochester Avenue between Beae Line Road and 4th Street to be
nlong Day creek Channel and Canyon from the northern City sphere limit to
Interet ate 15 then continuing along Interstate 15 to 4th street.
Clty Council Minuiea
March 21, 1990
Page 3
D0. Approval to purchase (1) Insulated Telescopic Aerial Lifi mounted on Van
with mod if icatione. To be purchased from Weet Coast Utility Equipment Company
of Fontana, California in the amount of $39,496.31 to ba funded from Gas Tax
D9. Approval to purchase one (1) Chevrolet Extended Mini Van at $13,860.09,
to be purchased from Rotolo Chevrolet and funded from the IGS Account; one (3)
Ford Super-OUty Cab and Chaseie at $17,974.31, to be purchased from Will Nix
Ford and funded from Account No. 01-4647-7045.
D10. Approval to 8wazd and execute the Professional Services Agreement (CO 90-
028) for the construction coat estimates and mapping for the Trails
Implementatl.on Plan to J.F. Davidson Associates for the amount of $12,980.00,
to be funded from Contract Services Account No. 01-0333-6028 (FY E9/90).
D11. Approval to award and execute the Professional Services Agreement (CO 90-
043) for the financing plan for the Trails Implemeniat Lon Plan to Agajanian a
Associates for the amount of $18x000.00, to ba funded from Contract Services
Account No. 01-6333-6028 (PY 89/90).
D12. Approval to execute the Grant of Easement (CO 90-044) to Scuthern
California Edison for the purpose of providing electrical power to Weet Beryl
Park.
013. Appzovel to execute a Coopernt ive Agreement (CO 90-007) with the City of
Upland Eor the inetallat ion of a traffic signal at 19th Street and Sapphire
__ _ ..~....., ewe.o s wwa ,...nt
will remain 258 if Caltrane fundingwiew not^obtained.'^~It also raga irsa Upland
to provide the remaining 756 under those circumstances. The City's eetlmated
share remains at $35,475.00 from Transportation Development Pund, Account No.
12-4637-8919.
RESOLUTION NO. 90-115
A RESOLUTION OP TiiE CITY COUNCIL OP THE CITY OF RANCHO
CUCAHONGA, CALIPOANIAr APPROVING THE EXECUTION OF A
COOPERATIVE AGREEMENT WITH THE CITY OP UPLAND FOA THS DESIGN
AND CONSTRUCTION OP A TRAFFIC SIGNAL ON 19TH STREET (ROUTE 30)
AT SAPPHIRE STREET
014. Approval to execute a cooperative Agreement (CO 90-045) with Caltrane fox
_ _ c/n....w.. GG in C(`-••gL. .~ r•2f..^.A ~wI L. A_e_..n s_It _n_
.. v va• -.. v..-v .v ..v ....~ - -, ........
$100x000.00 will-bs required, to ba funded from RDA Account No. 13-50300.
RESOLUTION N0. 90-116
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OB RANCHO
CUCAMONCAr CALIPOANIAx APPROVING COOPERATIVE AGRBEI~NT NO. 8-
654 WITH THB STATE OF CALIFORNIA DEPARTMENT OP TRANSPOPTATION
FOR TM8 I-15/ROUTE 66 INTERCHANGE MODIFICATIONS ANO
AUTHORIZING THE SIGNING THEREOP BY THB MAYOR
City Council Minutes
March 21, 1990
Page 4
D15. Approval to award and authorization for execution of contract (CO 90-046)
for 19th Street Improvement Project, located from the west City limits to
Carnelian Street to Gentry Brother a, Incorporated, for the azoount of $285,625.00
($259,659.20 plus 10! contingency), to be funded with Systems Development funds,
Account No. 22-4637-8743 (FY ae~yw;.
016. Approval to execute Aeimbureement Agreement (CO 90-047) for installation
of portions of Master Planned Storm Drain Pacilitiee in connection with
development of Tract Noe. 12650-2, 12650-3, 12650-4, located northerly of
Hillside Road, between Haven Avenue and Deer Creek Channel; and Tract Noe.
13642-1, 13542-2, 13542-3 and 13542, located southerly of Wilson Avenue,
westerly of Deer Creek Channel; between Grigsby Development, incorporated and
the City of Rancho Cucamonga - DRA-10.
017. Approval to execute ReLnburaement Agreement (CO 90-048) for Undergcoundin9
of M,erhead utiLlt tee for Tract Nc. 13342, located rvzth of 19th Street, between
Hermosa Avenue and Mayberry Avenue, submitted by Pennon Design/ bevelopment,
Incorporated.
RESOLUTION ND. 90-117
A RHSOLUTION OF THE CITY COUNCIL 08 THE CITY OF RANCHO
CUCAMONGA, CALSFOANIA, APPROVING AEZNBURSEM:NT AGAEEMSNT
EXECUTED ON MARCH 21, 1990 POR UNOERGROUNDINO OF A PORTION OF
oVBRHEAD UTILITIES LOCATED NORTH OB 19TH STAEBT, BBTWBEN
HERMOSA AVENUE AND MAY08RRY AVENUE
D18. Approval to execute Contact Change Order No. 1 (CO 59-079) with J.F.
Davidson Associates, Incorporated, to provide utility depth surveys end legal
description for Lemon Avenue Storm Drain. The Chenga Order ie for the total
amount of $3,992.00 [o bring the conerect total to $40,492.00 to be paid from
nrainege Funds, Account No. 23-4637-8863-4603-4110.
D19. Approval to execute Contract Change Order No. 1 (CO 89-011) for a
Profeeaional Services Agreement with Ramco Coneultente to renegotiate with the
property owner (APN 202-191-28) and prepare right-of-wny sup for Caltrene on
39th Street Project Prom Archibald to Haven Avenues. Contract to be expanded
Dy 55,000.00 to bring contract total to $24,030.00 io be paid from 9ynteme
Development Fund Account No. 22-4637-8744.
D20. Approval of Map and Ordering the Annexation to Landscape Maintenance
...--ric. a. ., oa...,.raa. igh` n3 .o~...anacra Dia--. ...oa. an..., ~ moo.,.-~
Mnp 12845, located on the vsouth Bide of Arrow Route between Utica rand ^Red-Oak
Avenue6.
RESOLUTION NO. 90-118
A RESOLUTION O! THE CITY COUNCIL O! THR CITY O! R71NCNO
CUCAMONGA, CALIBORNIA, APPROVING PARCEL MAP NUMBER 12848
City Council Minot ee
March 21, 1990
Page 5
RESOLUTION NO. 90-119
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING TH8 ANNE%ATION OF CERTAIN
TERRITORY TO LANOSCAPE MAINTENANCE DISTRICT NC. 3 AND S'T'REET
a.il.ni iMU MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP
12848
D21. Approval of Hap, execution of Improvement Agreement, Improvement Security,
Drainage Acceptance Agreement, and Ordering the Annexation to Landscape
Maintenance District No. 1 and Street Lighting Maintenance District Noe. 1 and
2 for Tract 13738, located on the southwest corner of Almond Street and Sapphire
Streetr submitted by Rodine Companies, Incorporated.
RESOLUTION NO. 90-120
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO
CUCAHONGA, CALIFORNIA, APPROVING IHPROVEH&NT AGREEMENT,
IMPROVEMENT SECURITY, DRAINAGE ACCEPTANCE AGREEMENT, AND FINAL
MAP OF TRACT NO. 1373H
RHSOLUTION ND. 90-121
A RESOLUTION OP THfi CITY COVNCIL OF THE CITY OF RANCHO
CUCAHONGA, CALIFORNIA, ORDERING TFffi ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTBNANCB DISTRICT NO. 1 AND STREET
i.TI:VTTM6 YIT NTFNCN!`P nTCT9 T!`T NOC l aNn 9 PIIP TPA/`T 1))ia
D22. Approval to execute Improvement Agreement, Improvement Security and
Monumentation cash deposit for Tract 13753, located at the northeast corner of
Baas Line Road and Milliken Avenue, submitted by Victoria Cucamonga Partners,
L.P., and release of previously submitted Improvement Agreement, Security, and
Monumentation deposit accepted Dy city council on January 18, 1989, from the
William Lyon Company.
RESOLUTION N0. 90-122
A AESOLVTION OF THE CITY COUNCIL OF THE CITY OP RANCHO
CUCAMONGA, CAL IPORNI A, APPROVING IMPROVEMENT AOREEMENT AND
IMPROVEMENT SECURITY POA TRACT 13753 AND RELEASING THE
IMPROVEMENT AGREEMENT AND BECURITY PREVIOUSLY ACCEPTBD BY CITY
rnONr lr. nH .IeanA_aY la; 1989
D23. Approval to execute Improvement Agreement Sxteneion for Tract 13646
located on the eoutheeet corner of Hermosa Avenue and Vieie Orove StcaeE,
submitted by Woodridge Eatetee Ltd. ITEM REMOVED FOR DIBCUBEION DY COUNCILNOMSIM
ERONN.
City Council Minutes
Mazch 21, 1990
Page 6
RESOLUTION NO. 90-123
A RESOLVTION OF THE CITY COVNCIL OF TH8 CITY OF RANCHO
~__ vnprti f`Di.T FONNTA. APPAOVTNf. TMDPOVF.HF.NT aCAFFMF.NT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13644
D24. Approval to execute Improvement Agreement Extension for DA 57-61 located
on the south aide of Arrow Route between Rocheeter Avenue and Etiwanda Avenue,
submitted by Fontana Steel.
AESOLUTI ON N0. 90-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPAOVF.MENT AGREEMENT
F.%TENS?ON RND 1HPRDV=:.EZIT SECCR ZTY FOR OR e7-6i
D29. Approval of Improvement e, Releaee of Bonds and Notice of Completion for:
Tract 11606-1 located on the scuthweBt corner of Victoria Street and Mango
Street.
Releaee: Faithful Performance Bond (Street) $403,000.00
Accept: Maintenance Guarantee 9ond (Serest) $ 40,300_00
RESOLUTION NO. 90-125
A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFUANIA~ ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 11606-1 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
Tract 11606-3 located on the southeast corner of Victoria Street and
Mendocino Street
Release: Faithful Performance Bond (Street) $31B, 000.00
Accept: Meintenenoe Guarantee BOntl (Street) $ 31, BOC.00
RESOLUTION NO. 90-126
A RESCLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO
TRACT 12606-3 AND AUTHORIZING THE PILING OP A NOTICE OP
COMPLETION POR THE WORA
Releaee Peiihful Performance Bond:
9tzeet $d03,000.00
Banyan Lsndecnpe $ 28,800.00
City Council Minutes
March 21, 1990
Page 7
Recept Maintenance Guarantee Bond:
Street $ 40,300.00
Banyan Landscape 5 2.880.00
RESOLUTION NO. 90-127
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CVCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC EMPAOVBMENTS FOR
TRACT 33542-3 AND AOTAOAI2ING THE PILING OF A NOTICE OF
COMPLETION FOR THE WOAR
D26. Approval to accept Improvements, ieleeee of Maintenance Guararttee Bond
far:
Tsa t '1793 1 ated nth east id f Ameth t b t Hi hl d A nu
and Lemon Avenue
Me intertance Guarantee Bond (Street) $ 24,800.00
Tract 11853 1 ted on the no theaet corner of 19th street and Ramona
Avenue
Maintenance Guarantee Bond (Street) $ 4,250.00
Tract 11893 locat d th a uth id f e St t bet Sa hire
Street end cucamonce Creek
Naintenance Guarantee Bond (Street) $ 25,800.00
T act 12 32 c t d on the a uthweat corns o V' toria Pa k Lane a
V ictori.a Windrows Looo
Maintenance Guarantee Bond (Street) $ 35,500.00
Tract 13353 located on the northwest comer of 19th Street and Archibald
v nue
Naintenance Guarantee Bond (Street) $ 29,600.00
D27. Approval to accept the Etiwanda Cobblestone Curb, Contract No. 89-168, ea
complete, release bonds end authorize the City Engineer io file a "Notice o!
~.VIII~,1bL1V11
RSSOLVTION NO. 90-123
A R880LUTION OF THB CITY COUNCIL OP TAB CITY OP IUINCHO
CUCAMONOA, CALIFORNIA, ACCBPTINO THE PUBLIC IMPROVEMENTS POA
ETIWANOA COBBLESTONE CURB, CONTMCT NO. 89-168, AND
AUTHORIZING THB PILINO OP A NOTICB OP COMPLBTION POR THB MORE
City Council Hinutea
March 21, 1990
Page e
MOTION: Moved by Brown, seconded by Buquet to approve the balance of the
Consent Calendar mince items O5, D6, end D23. Idot!on carried unanimously, 4-0-
1 (Wright absent).
DI9CVSSION OP ITEM D5. Approval to authorize the advertising of the "Notice
- i~L,y Li.:e' ,' acc .._: o ..-__ 9^Tiaw Rotrnfit from Haven Avenue to Deer
Creek, to be Eu nded from Landscape Maintenance Diet rict No. 4, Account No. 43-
4130-8956 (PY 89/90).
Mayor Stout asked what the retrofit consisted of, and was there something wrong
with the way it was originally constructed.
Rues Maguire, city Engineer, explained this item in detail as to the retrofit.
NOTION: Moved by Stout, seconded by Baguet to approve item D5. Motion carried
unanimously, 4-0-1 (Wright absent).
• x w w w
DISCDSSION OP ITEM D6. Approval to designate Hllliken Park ae the name of the
park site adjacent to the future Y.M.C.A. facility ae recommended by the Park
and Recreation Comrtiie aion.
Mayor Stout stated he did not have a problem with the designation of Milliken
.-.. ....., a..,.a.. ~..e oy ...e may.... ....e .... ~~ .. ..da .e.. ,.. e.. .,C.,
project was adjacent to~the Milliken Park, and Lt should state that it includes
the YMCA site.
Jack Lam, City Manager, stated the YMCA ie within the Milliken Park project.
MOTION: Roved by Stout, seconded by Alexander to approve item D6 ae corrected.
Notion carried unanimously, 4-0-3 (Wright absent).
~ . n . .
DI9CV99ION OF ITEM D23. Approvnl to execute Improvement Agreement Extension for
Tract 13644 located on the southeast corner of Nermosa Avenue and Vista Grove
Street, submitted by Woodridge estates Ltd.
C4 uuo iiwumm~ Drown eakvd why wv era granting Nordic an extension of 90 days.
Auee Maguire, City Engineer, stated the previously approved condition applies
whore no occupancy will be granted until Hermosa ie completed. He eteted he did
not eaa why they could not complete the improvemsnie within the 90 days.
Councilwomen Brown asked Lf at the end of this 90 days the work Le not complete,
what will happen.
Clty Council Minutes
March 2:, 1990
Page 9
Ausa Maguire, City Engineer, at ated the Council may want to stipulate that this
ie the La et extenaion, and Chat if the work is not complete the tract will go
;n[n default and legal action will be taken.
Councilman Buquet stated he hat a problem with granting the extenaion, and did
not feel they should get the total 90 daya.
James Markman, City Attorney, stated he felt this 90 day extenaion should be
granted, but to make it known to Nordic that this would be the last one.
James Markman, City Attorney, stated he needs a minimum of 60 days to begin
admini aterins the take-over.
Councilman Buquet felt staff should let Nordic know this ie the last extent ion
they would be granted.
Ruse Maguire, City Engineer, stated they can also makes the point that they are
granting the 90 days with the idea they are allowed 45 days to finish Che work,
and if it is not, the City will begin proceedings at Che end of the 90 days.
James Harkman, City Attorney, et ated 1f it looks like they will not be done in
90 days, including the establishment period, the City would moos in on the
bonds.
Mayor stout asked, if trom the City Atiorney•e office, a regimisred mail notice
can be sent th ie week notifying Nordic of the CSty~a Sntant ions.
Rues Haguire, City Engineer, asked that the recommendation include that Cho
applicant be notified that no further extensions will be granted and that it the
construction work ie not complete within 45 days, the City will be taking steps
in the last perLod for further action.
James Markman, City Attorney, stated he would take this as mtaff lnet[uction
RESOLUTION NO. 90-123
A RESOLUTION OP TH8 CITY COUNCIL OP THE CITY OP RANCHO
CUCAMONOA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY POR TRACT 13644
MOTION: Moved by Alexander, eeconded by Buquet to approve Resolution No. 90-
t~li ___ _ ___..d . ni .A::nl A-~-1 -1 l~
Councilwomen Brown suggested Lhnt because of the problems the city ham had with
thle developer, when there are Ltemm much nm extenmlonm or whatever, that they
not be put on the Consent Calendar beceume of the dlmausmion Lnvolvad.
• ~ ~ + r w
6. CONSENT OIIDZNANC60
City Council Minatea
March 21, 1990
Page 10
E1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ORDINANCE ESTABLISHING A
PROGRAM FOR H TIGATION P SEISMICALLY 2A O S VI NGS
nahrA ,T. Ad ama. City Cler4. read the title of Ordinance No. 417.
ORDINANCE NO. 417 (second reading)
P.N ORDINANCE OF THE CITY COUNCIL OP THS CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL CODE
... :,:......C ..RAFTER 42 REGARDiHC EARTHQUAKE HAZARD REDUCTION IN
UNREINFOACED MASONRY BUILDINGS AND MAKING FINDINGS IN SUPPORT
THEREOF
MOTION: Moved by Alexander, seconded 6y sagest to waive full reading and
approve ordinance No. 417. Motion carried unanimously, 4-0-1 (Wright absent).
R R R R R R
F. ADVERTT SED PUBLIC HEMIN68
F1. CONE;D£RATION OF A RESOLUTION APPROVING THB FINANCING AND REFINANCING OF
A PORTION OF THE RANCHO REDEVELOPMENT PROJECT BY T R O CVCA ONGA
REDEVELOPMENT AGENCY Staff report presented by Olen Tones, Er. RDA Analyst.
Mayor Stout opened the meeting for public hearing. There Deing no response, the
public hearing was cloned.
RESOLUTION NO. 90-129
A RESOLUTION OF THE CITY COUNCIL OP TXE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE FINANCING AND REFINANCING
OF A PORTION OP THE RANCHO REDEVELOPMENT PROJECT EY THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY
MOTION: Moved by Buquet, seconded by Btown to approve Resolution No. 90-129.
Metion carried unanimously, 4-0-1 (Wright absent).
. R R R
THE REDEVELOPMENT AGENCY RECONVENED AT 7125 P. M.
Items F2 end P3 were considered together.
F2. CONSIDERATION OF A RESOLUTION RG A IM' PA TRCTS BENEFITTIN6 TH6 PR TACT
AREA_AND MARINE CERTAIN FINDINGS IN EO R THE xT0 ~ 6DIG NOUS81 Staff [apost
presented by Linda D. Denials, Deputy city Maneger.
Clty Council Ninutee
March 21, 1990
Page 11
Mayor and Chairman Stout opened the meeting for a joint public hearing of the
Redevelopment Agency and the City Council. There being no response, the public
hearings were closed.
RESOLUTION NO. 90-130
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, REGARDING PROJECTS BENEFITTING THE
RANCHO REDEVELOPMENT PROJECT AND MAXING CEAT ATN PI ND INGS IN
............ .......ETC
MOTION: Moved by Buquet, eeoonded by Alexander to approve Resolution No. 90-
130. Motion carried unanimously, 4-0-1 (Wright absent).
F3. CONSIDERATION BY THE REDEVELOPMENT AGENCY OF A AF.SOLUTION REGARO~IG
PROJECTS BENEFITT G E ROJECT D I G CF TAI INDINCB IN REGARD
THERETO (LEDIG KOUSE)
RESOLUTION NO. AA 90-006
A RESOLUTION OP THE REDEVELOPMENT AGENCY OF THE CITY OP RANCHO
CUCAMONGA~ CALIFORNIA, REGARDING PROJECTS BENEPITTING THE
RANCHO REDEVELOPMENT PROJECT AND HARING CERTAIN FINDINGS IN
REGARD THERETO
MOTION: Moved by Alexanderr seconded by Stout to approve Re eolution No. RA 90-
nnf. Mnlinn nnnninA ..n nni.nn..e l.r 6-n-1 ,wn: nA1 •l.en..~~
fi • f I n
MOTION: Noved by Alexander, secovded by Huquet to adjourv the Redevelopment
Agency. Notion carried uvavimovely, 6-0-1 (Nright abaeat). The Redevelopmevt
Ageacy adjourned nt 7:30 p.m.
F4. CONSIDERATION OP COMNONITY DEVELOPME~" @LOCE.GRANT APPLICATION FISCAL YEAR
1990-1991 - The adoption of the Preliminary Statement of Community Development
Objectlvee and Projected Uee of Punde for the Community Development Block Orant
Application for the PLecal Year 1990-91 haeed on an anticipated grant of
$433,000.00. Staff report presented by Larry Henderson, Principal Planner, who
lDtgndercd Mato Mn/'n11~_,. Coning l~nmm~~nlly _negel _np nn1 _~ ___l i- n ..:' n ..o..
d Aseociatee, who praeentad additional information.-
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
MOTION: Moved by euquet, seconded by Hrown to adopt the prsliminery statement.
Marlon enrried unanimously, 6-0-1 (Wright ebeent).
. . • . w
City Council Hinutes
Harsh 21, 1990
Page 12
6. PDBLIC BEARINGS
G1. EMINENT DOMAIN ACTION TO ACQUIRE PUBLIC RIGHT-OF-WAY POR THE BASF I
ROAD. PARCEL HAP IIE38. PROJECT BETWEEN VICTORIA PARE LANE AND ROCHESTER AVENnx
(12628 AND 12472 BASE LINE ROAD) - Public Nearing of protests regarding Eminent
Domain action to acquire public right-ot-way for the Base Line Road Widening,
Parcel Map 11838, Project between •J ictoria Park Lane and Rochester Avenue at the
property locatetl at 12428 and 12472 ease Line Road (APN 227-091-14 and 15) for
the construction ^f ct~CCL L~i.ro~aa~a-.tc ac.cee ~.~e .... cage or eazn property.
(Continued from Hersh 7, 1990) Staff report presented by Mike Olivier, Sr.
Civil Engineer.
Mayor Stout opened the meeting for public hearing. Addressing the City Council
wee:
John Hayee, Hughes Investments, stated they would like to seek the
reimbursement for the coat of the acquisition in the reimbursement
agreement, which had bean explained to him by Rues Maguire, city Engineer,
and would like to see this clarified in writing.
,Tames Markman, City Attorney, stated that this should be worked out with
Engineeting at another time because this was not the subject matter for this
public hearing.
Nr. Hayee stated they are in favor of the condemnation, and would work
with Engineering on the matter he previously spoke about.
There being no further response, the public hearing waa closed.
RESOLUTION NO. 90-109
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF AANOHO
CUCAMONCA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY
TO CONDEMN A PORTION OP CERTAIN REAL PROPERTY LOCATED IN THE
CITY OF RANCHO CUCAMONGA AND HARING PINDINCS IN SUPPORT
THEREOP
HOTION: Moved by Alexander, eeCOnded by Brown to approve Aeeolution No. 90-109.
Motion carried unanimously, 4-0-1 (Wright absent).
• • x . ~ .
~_ ,
City council Minutes
March 21, 1990
Page 13
REiF]REOP
James Markman, City Attorney, stated that this item hoe been settled, and was
therefore being removed from the agenda.
It should be noted that Rick Gomez, Community Development Director, left the
room for item G3 to ba diecueaed, but returned after the completion of that
item.
G3. CONSIDERATION OP MEDIAN OPENINGS AND LANDSCAPING WITHIN MEDIANS 'N THE
TERAA VSSTA PLANNED C0141UNITY - An appeal of the Planning COmmi6aion•e decision
to deny a median opening on Church Street between Weet Elm Avenue and Spruce
Avenue.
Mayor Stout stated ha was in receipt oP a letter from Lewis Homes asking that
this item be continued to April 4.
MOTION: Moved by Euquet, seconded by Alexander to Continue the item to April
4, 1990. Motion carried unanimously, 4-0-1 (Wright absent).
~ • • x ~ ~
N. CITY MANA0ER'9 ETAPF REPOATB
H1. DISCUSSION OF DEDICATION OP CIVIC CENTER AND PUBLIC SAFETY PAf SLITY
Mayor Stout asked that this item be diecueaed after the erxivai of Councilwoman
Wright, which occurred after Council returned from the recess that concluded et
5:00 p.m.
. . . ~ r
Staff report presented by Jack Lem, City Manager, who etnted the fncility should
be ready for move-Ln about the second weekend in May, and staff Le looking for
direction from the City counc!1 ee to the type of celebration they would like
Go hove.
Mayor StouC suggested the dedication ceremony be held on the Fourth of July end
shoo ld be focussed towards the people of the Clty. Me suggested a Subcommittee
be established to work with staff on this proieM.
City Council Minutaa
March 21, 1990
Page 14
Councilman Buqu¢t stated he did not want the public to feel the City was
withholding the building by waiting until July for the dedication.
Councilwoman Wright suggested that if the dedication was to be held July 4thr
that the City not plan any other activities that day.
Jack Lam, City Manager, stated there are already plane for act ivit See et Red
Hill Park, and did not suggest cancelling them.
Councilwoman Bzown suggested that the Chamber be contacted for input about the
dedication.
Mayor Stout stated he has done this and they would like to assist with the
rl anninn,
Councilman Alexander expressed hie concerns about the dedication being on a
holiday, but felt since it was in the middle of the weak that there would be an
adequate turn-out.
ACTION: Consensus that the dedication ceremony would occur on the Pourth of
July, and a Subcommittee of S[out and Alexander would work with staff on the
planning of this event.
H2. NS DE O WORR R 9 C G
CitycCOUncil for their consideration' and .adoption.w Staff ^report presented by
Diane O'Neal, Adminietrativ¢ Analyst. She also introduced Tiina Roes,
Chairperson of the Environmental Hanagement commission, if the Council had any
questions for her.
MOTION: Moved 6y Hrown, aecondetl 6y euquet to adopt the proposed work program
Eor AB 939. Mat ion carried unanlmouely, 4-0-1 (Wright aDeent).
Councilwoman erown stated she felt this was a very energetic work program end
would accomplish what is needed Co be done, howeverr with Norcal being the ones
taking care of the refuse Eor our area, she felt the coneu ltant should work
closely with Norcal in determining how much solid waste is coming out of Rancho
Cucamonga at the landf 111.
N3. CONSIDERATION AND ADOPTION OF RSCOMMENOAT IONS POR SARTH DAY 1990 -
Environmental Management Conmieeion's recwmoendetione for Council's
consideration and adoption regarding Garth Day 1990. staff report by Diane
O'Neal, Adminia[rative Analyst. Sha also introduced Tiina Roea, Chairperscn of
the Environmental Hanagement Commission, if the Council had any questions for
her.
Ciey Council Nimiee
March 21, 1990
Page 15
RESOLOTION NO. 90-131
B -- .... .an ~r 'rna CITY COUNCIL OP THE CITY OF RANCHO
CUCAMONGA, CALIFOANIAr ESTABLISHING AN ENVIRONMENTAL BILL OP
RIGHTS ZN AECOGN ITION OF EARTH DAY 1990 AND TO IMPLEMENT
PROGPAHS DESIGNBD TO PROTECT TIU:SS RIGHT3
NOTION: Hoved by Alexander, seconded by Buquet Eo approve Resolution No. 90-
131. Motion carried unanimously, 4-0-1 (Wrl.ght absent).
MOTION: Moved by Buquet, seconded by Alexander to approve the expenditure of
5500.00 for green ribbons tc be distributed to the Ctty and schools. Motion
carried unanimously, 4-0-1 (Wright absent).
z. covsclL evszNESa
I1. STATUS REPORT ON COUNTY PLANS FOR CHAFFEY R&OIONAL PARR Staff [sport
presented by Joe Schultz, Community Services Managez.
ACTION: Report received and filed.
a a a a • .
Heyor Stout celled a recces at 7:50 p. m. The meeting was called back to order
at 8:00 n.m, wit6 all momM.o ni rnnnnn .. m..~
• a • • w
Item H1 was heard at this time, but the minutes will remain in agenda order.
f • • • • a
22. DISCUSSION OF LETTER SENT TO C0URT6 BY COUNCILMEMBER CHUCR BUOUBT
Councilman Buquet eteted he hne attempted to contact all the Clty Council
members. He read the following memo:
"DATE: March 16, 1990
111: MAVnY an,] Mom MYO of h11n ,_IIY M~~~~il
FAOH: Charles J. Buquet, Councilman
SUBJECT: S,ETT6R TO TEE PUBLIC DEFEI/DER'E 0MIC6
City Council Minutes
March 21r 1990
Page 16
I am sure you have read recent newspaper articles concerning a letter that
I wrote to the Public Defender's Office on behalf of a Rancho Cucamonga
family whose husband and father was scheduled for coneiderat ion of release
on hie own recognizance pending a criminal trial ae a zeeu It of hie
ar. rest.
Since hie arrest in late January or early February of this year, he had
___.. ___ ___ __~.~~ .. ..,~-. ^ h_= _ ____..^.t ifs and elnht ~ .._ nl.i
son^without any source of income. to pay Yfor food and living expenses.
These circumstances were caua ing significant anguish for my parents, who
had befriended this family over one year ago, and were frying to lend what
aeeietance they could to hie wife and eon through this traumatic
experience.
when I wrote the letter, I was not aware of the specifics of thm chargaa,
and was relying on information provided to me by a narcot ice detective who
had indicated hie arrest and eu6cequent 6ai1 amount may have been the
result of him being duped into tranaportinq narcotics for someone else.
Needless to say, I was shocked when I read in Thursday's paper that he was
charged with offering io sell 200 kilos of cocaine to an undercover
officer, and was the first time that I became aware of any contradictory
Lnformation about the case against him.
I ,`,eve worked long and hard for many years at the Sheriff's Office
combatting drug activity antl use. I have also worked long and hard for
the eiiizena of Rancho Cucamonga, and my efforts have been to ensure that
th is iw thw haver t!MV_ r.. il..w ..,s ~...+ ..., .... __ _ _ _
a place to be proud of. in addition to these involvemente,.I haveybeen
very active in a number of community programs that benefit our families
and youth.
The many hours I have invested in our community is becau ee of my
commitment to chic City, and I believe people have to be willing to
volunteer their time and efforts in order to have a decent and safe
community to live in. This type of Lnvolvement makes one truly care about
our citizen famLliee that need help, and that was the boa is for my
involvement with this family in their plight.
Letter to the Pu611c Defender's Office
Page 2
Harch 16, 3990
I can assure you that my letter was in no way ehepe or form Lntsnded to
condone or support hie actions that had led to hie arzeat. I also wag not
seeking any leniency oz coneitleration that any other person under similar
circumetsncee woulA have been entitled to. Hed I Deen more tactually
aware of the circumstances of this matter, I would not have entertsined
submitting any type o! latter. Hy letter wag sincerely for the purpose
of helping hie family by having him avsileble to provide for them while
he hoe going through hie trial proceedings and subsequently being held
accountable for any legal misdeeds determLned by a jury of his peers.
City Council Ninutea
March 21, 1990
Page 17
i have always tried to be a person that gives someone the benefit of doubt
until they give reason to believe of herwiae. That ie also the basic
' - -..__ ...__ .... ....~.....y uncee v ana a am 9reaniy conunaccea
to^t hat belief. Imam sad to say that Z may have been let down; however,
I will reserve my full judgement until he receives hie due process by the
judicial system.
In retrospect, it appears I erred in my involvement and manner in trying
to aeaiet this family that may be out on the streets in a couple short
weeks. I regret any inconvenience this matter has caused any of you, and
2 can assure you chat these circumstances will not occur again in the
future.
Thank you for your coneideratien, as with all matters, I remain available
by contact irq me at your uarlieat ccnvanlance.^
Councilman Huquet stated hie intent was to aeaiet the Family, but instead ended
up hurting himae lf. He further stated he did not intend to create any problems
for the City Council and apologized for any inconvenience. He informed rho City
Council that in the future, if he sent letters, he would carbon copy them eo
they would be aware of the context of hie letters.
Councilman Alexander felt it was a good Idea to air this, but did not feel the
intent was r„aant to ba maiiclou a. rib suggest ed good judgment be used when using
city letterhead.
Councilwoman Rrnwn ar wood Far nmhlnm ...:re •h:a ..... ~~... _ _
She felt personal matters should be personal, end bueineee ehould,be bueineee.
She addetl it was put on the agenda to disease the use of City letterhead. Sha
further stated she accepted Councilman Huquet's apology.
Councilwoman Wzignt stated she did not condone what Councilman Buquet did by
using the City letterhead, but did accept hls apology.
ACTION: Received and filed.
• • • w • x
J. ZDENTZFZCATIOM OP ITEMS POR HEST NEETIRO
No items were identified for the next meeting.
Councilman euquet announced ae a reminder that the City Council meetings would
start at 7:00 p.m. oz immediately following a Redevelopment Agency or Fire Board
meeting.
councilwomen Wright apologized for being late, Dut stated she was required to
give a preeantetian for her job.
Mayor Stout suggested the meeting time change go in the Grapevine.
City Council Ninutee
March 21, 1990
Page 18
R R• i R 4
~ ^^Y T^
Kl. Chuck Haynes, President, Caryn Homeowner's Asscciat ion, expressed his
disapprover of Councilman euquet's letter he had written to the Public
Defender's office. He felt the City Council should censure Councilman Buquet.
K2. Mrs. Huggins, Beaver Court, stated her concerns about why she had not
received a copy of the information Mr. Sullivan had written for the City of
Rancho Cucamonga, 6ecauae she had been told by staff it would be ready for
tonight's meeting, and was just told it ie not available.
Hayor Stout asked if she has filed a lawsuit yet against Nordic.
Mre. Iiuggine stated they have not done this.
Councilwoman Brown stated she did not receive the information until just last
night and that was why it had not been made available to the homeowners.
Hayor Stout asked Rick Gomez, Community Development Directory Lf he could make
the information available tonight for the homeowners.
Rick Gomez, Community Development Director, elated he would go Dues to City Hall
and do this for them.
M~a wn nni na pe4ai 41. a4 a.. r.f Ae~ c~~A.........l ~•__ _ ~__ __ _~~ v• ~....
meetings.
K3. Evie Steffier, sister of Councilman Buquet, stated she was outraged over
the treatment hoc Eamily has received regarding the leiier to the Public
Defender's office that her 6rether wrote. She commented on hie dedication to
public service. She felt tae public only knew half of the facie to this story.
She stated that Councilman Buquet was only trying to help the family of the
accused man.
K4. Mike Roble, prospective homeowner of the Woodridge Eetntea stated he hoe
been without a home for two yearn. He felt what the City Council was doing was
only hurting the residents ineteatl of putting pre¢aure on Nordic Co finLsh the
project. He suggested a portion of the Nordic homes 6e released so they could
gel their money to finish the project.
Hre. Roble expressed her concerns for the City not using more control to
get this project completed.
James Nerklllen, Clty Attorney, addres9ed her concerns.
R5. Stave Martino, buyer of Woodridge Eetetse home, expressed his concerns for
the Stems left to be completed prior to h!• mwinq Lnto hie have which he had
received from Community Davelopnent, end fs1L staff wse mom concerned with
gettLng the public improvements completed then moving people Into the houses.
City Council Minutes
March 21r 1990
Page 19
Aick Gomez, Community Development Director, stated they would not hold people
up from moving in becauee of cosmetic reaeona, but if there were life and enfety
a ae,.e. ,...._._._. .
__.__ _Lox .,..u~u nvac up occupancy.
Ruse Maguire, city 6nginear, stated with there only being one entrance into the
tract, and that being Aexmosa, end with the construction traffic involved at
that entrance, it wee a hazard.
%6. Sonja Buquet, Councilman Buquet's mother, stated she felt responei63e for
hex son getting involved with the family identified in hie letter to the Public
Deiender'e office. She also distributed a letter to the Councilmembere and
would be asking thaC this be publlehed in the Daily Report in tie entirety. She
also stated she felt her eon has always tried to do what wee beet for the
community.
R7. Don Gotro, 7042 Napa, stated he supported Councilman Buquet.
%8. Jacquelyn Bolda, Caryn Development, stated she was Lnpreeced wiCR whet
councilman 8uquet said tonight and felt this issue was now over.
. . . x
MOTION: Moved by Buquet, seconded by Alexander to adjourn tc the joins meeting
with the Public Safety Coamiaeion on Narch 20 at 7:00 p.m. et the Maighborhood
Center. Motion cerriad unxni mnuww. 5_n mhe ...e~o.,..a a.......,..1 _
Respectfully submitted,
Debza J. Adams
Clty Clerk
Approved:
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COCO'S RESTAURANT
7269 Haven Ave
Rancho Cucamonga, CA 91701
APN/ 1076-681.31
Curren[ Zon1n9: Neighborhood Commer_tal aithln the Terre Vista Plen Caewunlty
Lanin9 of AdJacent ProPertY:
North: Medium Residential- Terra Vista Plan Coawunity
lmltpl McAtun Pet lAnnflal
East Medium Residential_ Terra ~Vista•PlanyCOmmunity
Nest Medlum Residential
iq
STAFF REPORT V
GATE: April 18, 1990 Q
~~
T0: City Council and City Manager
FROM: Russell H. Maguire, City Engineer
8Y: Dan lames, Senior Civil E.^.ginee.^
SUBJECT: Denial of use of Systems Development Fees for the
construction of full intersection improvements including
traffic signals at the intersection of Highland and East
Avenues for Vesting Tentative Trait Map 13945
RECDI/ENDATIOM:
Denial of use of Systems Development Fees for Lhe construction of full
intersection improvements including traffic signals at the intersection
of Highland Avenue and East Avenue for Vesting Tentative Tract Map 13945.
BACKGROUND/ANALYSIS
On December 14, 1988, the Planning Commission approved Resolutior,
No. 88-238 which set forth conditions for Yesting Tentative Tract Map No.
13945, Amm~g the conditions was the requirement to construct full
18 t:i .CG`i 0' :j.r1 - iStl ~.~.~Gy ai yiidi5 dt suv iui.m an i.ivu
of Highland and East Avenues. Per this~~same condition the developer is
to receive credit and a reimbursement for the improvements and necessary
right-of-way acquisition from the Systems Development Fee if approved by
the City Council. If not approved by the City Council, this condition is
to be waived.
The original intent of this condition, to improve the intersection, was
with the idea that work to this area for Route 30 was several years
away. Also, at that time construction within Highland Avenue could be
processed through Caltrans on a pensit bests.
Two items have occurred since the condition was imposed. First, the
policy board for the Route 30 constructton, as of March 29, 1990, gave
direction to design and construct the permanent interchange of Route 30
••_- Highland and Ea^t Avenues within, 2 1/2 years. Second, Caltrans
permit processing has changed. With the new processing, for the
magnitude of work of the full improvements at Highland and East Avenues,
it is anticipated to take approximately 2 years before constructton could
~~
CITY COUNCIL STAFF REPORT
DENIAL SYSTEMS DEY. FEES VTT 13945
APRIL 18, 1990
PAGE 2
oe complete, not to mention the increase fn cost to the proiect because
of the new processing system. Then with the new scheduling of Route 30
there may be substantial modifications to the newly constructed
intersection.
Staff is 'sc:..-.zrding ai ti~is efine io deny approval or the use of systems
Development Fees for the construction of full intersection improvements
including traffic signals at the intersection of Highland and East
Avenues, thereby causing this condition to be waived.
The Developer is fully aware of the situation and is in full agreement
with Staff's recommendation.
Resp 1y submitted,
~~~~
Attachment
dl
~_
AVENUE
-~
F'1=1UJtl:1 Si 1 C /
~S
~j ~ MULBERRY
130631 STREET
5.
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VICINITY MAP
as
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: April 18, 1940
T0: City Council and City Manager
FROM: Russell H. Maguire, City Engineer
BY: Henry !kurakoshi, Assoc ate Civil Engineer
SUBJECT: Approval and authorization far executtan of Common Use
Agreement with San Bernardino County Flood Control District
for ,)Dint use of Flood Control District Land at the
Cucamonga Creek Bridge Widening Pro,)ect at Arrow Route.
RECOgE11Dl1TION:
It is recommended that the City Council approve the Agreement for ,ioint
use of Flood Control District Land 6y the City of Rancho Cucamonga for
the widening of Arrow Bridge at Cucamonga Creek.
BACKGROUND/ANALYSIS
The protect is to widen the existtnyy 2 lane bridge into a 4 lane
bridge. it is Federal Funded of 86$ (FAU) and City Match-Fund of 14i.
The Bridge crosses Cucamonga Creek which construction, operation and
maintenance will reyUlrtl VIIJ ~! YiR VI 4.e1 i.u lit ul ii.i iei. ~wnca' ACS.
Therefore staff recommends council approve and execute point use
agreement with San Bernardino County Flood Control District.
Resp~ctfully,Fubmttted,
HM/::H~~/T ilLdP`~^~^aU
~3
CITY OF RANCHO CUCAMONGA
STAFF REPORT
~E
DATE: April 18, 1990 CZ
rn. rity fnimril anA r.i tv Mananar C~
FROM: Russell H. Maguire, City Engineer
BY: Willie Valbuena, Assistant Civil Engineer
clla_1FrT• Approval of Real Property Improvement Contract and Lien
Agreement, and Ordering the Annexation w LanJ,Ld-y2 "''.a•na~ccc
District No. 3 and Street Lighting Maintenance District Nos. 1 ~
and 6 for CUP 88-37, located at 7649 Etiwanda Avenue, submitted
by Mercy Ambulance Service, inc.
RELO!lENDATION
It is recomnended that the City Council adopt the attached resolutions
accepting the Real Property Improvement Contract and Lien Agreement and
ordering the annexation to Landscape Maintenance District No. 3 and Street
Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the
City Clerk to sign said agreement.
ANALYSiSiBACk6R0UND
CUP 88-37, located at 7649 Etiwanda Avenue, in the Office Professional
m cfr:rf of tFn Ctiua nAa Cnori fir clan Area wac annrnveA by the Planning
Commission on November 30, 1988.
The Developer, Mercy Pmbulance Service, Inc., is submitting the Real Property
Improvement Contract and Lien Agreement to guarantee the construction of the
ultimate street improvements on the east side of Etiwanda Avenue along the
project frontage at such time in the future as the City is prepared Lo
construct the Etiwanda/Miller intersection. Said ultimate street improvements
shall include:
a) A minimum pavement width of 32 feet east of centerline
transitioning Lo 37 feet east of the median island at the
Miller intersection,
b) Curb and gutter, sidewalk, street lights; and
c) Relocation of the interim drive approach.
Copies of the agreement and the Consent and Waiver to Annexation form signed
by the Developer are available in the City Clerk's office.
Respectf submitted,
r
R :WV:JAA•
Attachments
RESOLUTION N0. CIO - ~ ~p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MERCY
AMBULANCE SERVICE, INC. AND AUTHORIZING THE MAYOR AND
L11~ I.LCIiI. IV Jlbn 1110 J/VC
NHEREAS, the City Council of the City of Rancho Cucamonga adopted
Ordinance No. 58 on February 21, 1979, to establish requirements for
rnnetr~ir Linn of ~nhlit inTnrnyenwnte in rnn~ungt.i nn Wifh b~~il At ni nnr~it
issuance; and
NHEREAS, construction of ultimate street improvements on the east
side of Etiwanda Avenue along the project frontage at such tilde in the future
as the City is prepared to construct the Etiwanda/Miller Intersection
established as prerequisite to issuance of butlding permit for 7649 Etiwanda
Avenue has been Islet by entry into a Real Property Improvement Contract and
Lien Agreement by Mercy Ambulance Service, Inc.
NON, THEREFORE, BE tT RESOLVED that the City Council of the City of
Rancho Cucamonga, California does accept said Real Property Ialprovement
Contract and Lten Agreement, authorizes the Mayor and the City Clerk to sign
same, and directs the City Clerk to record same in the Office of the County
Recerder of San Bernardino County, California.
~S
RESOLUTION N0. qO " ~~ I
A RESOLUTION OF THE CITY COUNCIL Of THE CITY Of RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEI(ATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 ANO
STREET LIGHTING MAINTENANCE D[STRICT NOS. 1 AND 6 FOR
LUNU11 WNIU. WG YGIINII 1"U. oo-ai
NHEREAS, the City Council of the City of Rancho Cucamonga,
California, has previously formed a special maintenance district pursuant to
the terms of the `Landscaping and Lighting Act of 1972', being Division 15,
Part 2 of the Stree*.s and Highways Code of the State of California, said
special maintenance dtstrict known and designated as Landsrape Maintenance
District No. 3, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 6 (hereinafter referred to as the "Maintenance
District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping
and Lighting Act of 1972' authorize the annexation of additional territory to
the Maintenance District; and
NHEREAS, at this time the City Council is desirous to take
proceedings to annex the property described on ExhTDit "A" attached hereto and
incorporated herein by this referenced to the Maintenance District; and
NHEREAS, all of the owners of property within the territory proposed
to be annexed to the Maintenance District have filed with the City Clerk Lhetr
written consent to the proposed annexation without notice and hearing or
f111na of an Fnai near'c "Rennrt".
NOM, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREDY RESOLVES AS FOLLONS:
SECTION 1: That the above recitals are alt true and correct.
SECTION 2; That this legislative bogy hereby orders the annexation
of the proper yt-as shown in Exhibit "A" and the work program areas as
described 1n Exhibit "B" attached hereto to the Maintenance District.
SECTION 3: That all future proceedings of the Maintenance District,
including-file Tevy of all assessments, shall De appllcaDie to the territory
annexed hereunder.
.~
'A•
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
w
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a
3
1
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MILLER AVENUE
CITY OF RANCHO C~JCAMONGA
COt~NTY OF SAN BERNARD((I
a STATE OF CA4IFORN1/1;
EXHIBIT 'B'
PROJECT MANE: CUP 88-37
N0. OF D.U. OR ACREAGE: .35 ac N0. OF ASSESS. UNIT: .7 unit
STREET LIGHTING MAINTENANCE DISTRICT
No. of Las~ps to 6e Annexed
• nG. w~m~
I ___ -_- '-- '-- ---
5 --- --- --- --- -°
LANDSCAPE MAINTENANCE DISTRICT
Turf
Sq, ft•
Ground Cover Trees
Sq. ft. Ea.
3 ---
JM: 4/18/90
~~
- CITY OF RANCHO CL'CAn40NGA
STAFF REPORT
DATE:
TO:
FROM:
Aprll la, iyyc
9
m Ir
< ' 2~~~ 9
~!A
F IIZ
J ~ S
-1 __
Mayor, Members of City Council and City Manager
Joa Schultz, Community Services Manager
SUBJECT: APPROVAL TO AWARD AND ERECUTE A PROFESSIONAL
SERVICES AGREEMENT FOR A MARKETTNG/FEASIBILITY
STUDY FOR THE PROPOSED 1200-SEAT RANCHO
CUCAMONGA CENTRAL PARK PERFORMING ARTS THEATER
TO MITZE PRODUCTIONS IN THE AMOUNT OF $15,000,
TO BE FUNDED FROM R.D.A. CONTRACT SERVICES
ACCOUNT NO. 13-50200.
It is recommended that the City Council approve the
Professional Service Agreement with Hit ze Productions for a
marketing/feasibility study for the proposed 1200-seat
Performing Arte Theater and authorize the Mayor and City
M nrL 4n el nv. FAn
~i~.f~~~ ~-~ ~~]
Numerous subcommittee meetings have occurred the past six
months for purposes of design development of Centzal Paric
facilities. The direction established by staff and
subcommittee discussions have impacted the theater facility.
A 1200-seat performing arts theater and 200-seat auxiliary
theater as support space for a combination of local and
school use is significant.
ANALYSIS
The 1200-seat theater can attract professional toed show
presantationa to the City; whereas the original conceptual
plan of an 800-seat theater limits programming. It was
suggested by the subcommittee to conduct a
marketing/feasibility study for a 1200-seat theater in Rancho
Cucamonga.
STAFF REPORT - Approval of Professional Services Agreement
April 18, 1990
Page 2
'T`i i}~
Consultants compiled a list of four firms to do the study.
Reouest for grogosale were mailed and one firm responded:
Mitze Productions. Mr. John Von Szeliski, our theater
cvneui~fiit -' --~-~~ oarY_ hinhly rcrnmmonAa Mitze
Productions tom do this study.- One firm, Harrison 6 Price,
did not respond to the RFP because they would have
commissioned Mitze Productions to do the study for their
firm.
Attached is the Professional service Agreement from Mitze
Productions and scope of work.
Respectfully submitted,
JO Sc lt2
Community Se cea Manager
Js/kls
a~ro..r..~o~~
~~
"~ 1 •
January 13, 1990
Mr. Joe Schulte
Manager
Community Services uepariment
City of Rancho Cucamonga
9320 Baseline Rd.
P.O. Box 807
Rancho r_ucamonga, CA 91729
Dear N.r. Schultz:
RECElVEt
JAN 131990
'm or Ru,~ ~
COAiMUNliy SEUVir
At the request of Sohn Von Szeliski, i am submitting a
proposal for a marketing/feasibility study for the proposed
1200 seat Rancho Cucamonga Theatre. I understand that the
City of Rancho Cucamonga has established a time frame of two
months for completion of the study. Z propose to 3ivide tha
study into a series of tasks which will be completed in memo
form Tor your review and revision incorporating input from
your staff and representatives of John Von Szeliski and
Associates and the RJM Design Group. A final report will be
prepared and submitted consisting of a series of completed
task reports. I will use operating costs of existing
theatres and current programming prices for local
productions and touring presentations of theatre, music,
dance, and popular entertainment.
Z currently am the full-time Producing Director of the La
Mirada Civic Theatre, a 1260 seat proscenium theatre, owned
and operated by the City of La Mirada. During the past 13
years I supervised the construction, opening, staffing, and
programming of the La Mirada Civic Theatre in accordance
31
13503 Brazo Rood • La Mirada, California 90638
with a Board of Directors appointed by the La Mirada City
Council. I have also served as a consultant to the
California Arts Council and in that capacity have reviewed
and analyzed the budgets and programming of 200 theatres
across California. I will base the financial models in the
feasibility study on the actual experience of these
facilities. Enclosed is additional information regarding my
credentials for the marketing/feasibility study.
In my experience the most effective performing arts facility
feasibility studies are developed to be working documents
rather than studies destined for a book shelf. I will
develop a feasibility study that can be used as an
implementation tool and guide to staffing, operating and
programming a 1200 seat theatre in Rancho Cucamonga.
Thn foaeifiilihv ch.,,iv u;ill he ,i :.r: AOA nf~n •Fe i..l l.....: ....
tasks:
1. Develop an annual operating expense pro forma
reflecting personnel costs, maintenance 6 operations,
and capital expenditures. The pro forma will be
itemized reflecting salary levels and individual
expense categories for operating the facility.
2. Provide a five year expense projection based on the
annual operating cost pro forma.
3. Develop job descriptions for key managementand
operations personnel and recommend a time line and
sources for recruitment of staff.
3~
4. Develop an annual income projection as a rental
facility.
5. Develop an annual income projection as a
rental/presentation house.
6. Develoo an annual income projertian as a
. ~.... i~yacaeuin vivo/production house.
7. Provide a series of presentation budgets for
professional touring productions o£ music, dance,
theatre, and popular entertainment. The budgets will
include recommended ticket pricing, talent costs,
advertising, house costs (box office, back stage, and
front of house) royalties, and other costs associated
with the presentation of programming.
8. Develop a budget for a locally based non-equity
9. Develop a budget for professional season of plays
and musicals with stars in leading roles.
10. Develop a recommended rental schedule for local
non-profit groups, schools and charities, and private
renters.
11. Provide an implementation plan for the organization
and management of the theatre including a review and
analysis of various options for operating a city owned
theatre including:
A. City Department
B. Independent Non-Profit
~~
C. quasi Independent: City Commission/Board of
Directors
,~ _, r
am not proposing a new market study but rather a review
of _?!isting _nformatio^. provided by ^_i±y sources, _..,.
population and demographic data from Rancho Cucamonga
and surrounding communities. The successful completion
of this task will require assistance in gathering
information from the city. The three most important
factors in determing attendance at performing arts
events are income levels, education levels, and
location of the potential audience. Current and
complete data covering the location, income level, and
education level of residents of the Rancho Cucamonga
market potential of the facility.
I also recommend your consideration of two optional tasks
which I believe will facilitate the development oP the
Rancho Cacumonga theatre.
1. Assess the potential for exisking community based
groups, i.e. community theatre, community orchestras,
choirs, schools, social, fraternal and civic groups and
other organizations to utilize a 1200 seat theatre in
Rancho Cucamonga.
2. Conduct a charette with representatives of the city
end community to explore the demand for various kinds
of programming in a 1200 seat theatre in Rancho
3'~
Cucamonga. Issues to be explored at a charette include
community verse professional programming, preference
°^_''. _-___~ tr i.G.~ vi ycai~uuiny evenCS lnclLtling
classical, country, contemporary, and popular music,
drama; comedy; and class;cal *_hea*_re, mu=.ical ^_omedy
and operetta, opera, modern and ethnic dance, ballet,
popular entertainment and international attractions.
I can serve as an independent consultant to the City of
Rancho Cucamonga. I work as an independent contractor
d.b.a. Mitze Productions. My fee is $125/Hr. plus expenses.
I will be able to complete the first 12 tasks outlined above
for a total not to exceed $15,000 within the two month time
frame. The tasks outlined above are recommendations which
can be expanded, reduced, or modified to meet your needs.
will develop a second proposal.
If this proposal meets your needs, please send me a letter
of agreement with the proposal attached as an exhibit. If
you have any questions, I can be reached at my office at
(714) 994 6150 or at home (213) 944 6687.
Sincerely,
~~
Thomas Mitze
cc: John Von Szeliski
Robert Mueting, RJM Design Group
35
THOMAS C. M[TZE RESUME OF QUALIFICATIONS
13503 8razo koad Work: (714) 994-6150
La Mirada, California 90638 Home: (~13) 944-6681
EXPERIENCE
SUMMITRY Producing Director, Marketing Director, Theatre Manager,
Finanrial Anatyct Theatro nec:ge ren s"lt,nr Twer~~• .
experience including advertising; banking; Performing-Arts
Center Management; presenting and producing theatre, opera,
ballet, classical concerts, and popular entertainment.
Experienced in government rei ations at the national, state,
county, and total levels.
EMPLOYMENT CRONOL06Y
1916 - Present LA MiRAOA CIVIC THEATRE
Producing Director
Supervised construction, planned and produced Grand Opening,
and served as the Producing Director for the past thirteen
years. Established annual operating budget, hired and trained
staff, developed and marketed in-house productions and presen-
tations. Established operating procedures and coordinated
scheduling and production requirements for constituent per-
forming arts organizations and outside rentals.
Developed (iri association with the Executive Producer} the La
miraaa Broadway Season wnicn produces plays antl musicals using
stars from Broadway and Hollywood. The Broadway season has
operated at a profit for the past ten years.
Developed (in association with film studios and cable tele-
vision companies) film and television productions produced live
at the La Mirada Civic Theatre, which have had worldwide dis-
tribution.
1974 - 1916 M[LWAUY,EE PERFORM IIJG ARTS CENTER
Assistant Managing Director
Prepared an annual operating budget reflecting income/expense
protections for three performance halls, a banquet roan, a
parking structure, and an in-house full-service restaurant.
H., ,a: a„d .a,, ...a.. f- -
•-g„ ... ro„ a., ,ac to „r wncert s, caper a, daiiGe, Luuring
Broadway shows, films, conferences, and special events. Worked
closely with resident companies including: The Chicago
Symphony, the Milwaukee Symphony, the Milwaukee Repertory
Theatre, The Milwaukee Ballet, The Bel Canto Choir, The
Florentine Opera, The Skylight Comic Light Opera, and many
local performing arts groups. Implemented the policy guide-
lines of the Managing Director and fioard of Directors.
3~
THOMAS C. MITZE RESUl~
(Page 2)
EMPLOYMENT (continued)
1971 - 1974 ,]OHN F. KENNEDY CENTER FOR THE PERFORMING ARTS, Wah ingtan D.L.
Special Projects Director
n,..:...,..a .~_
-~ ;r-ia:l pi iced Ticket program providing b2
million in discount tickets to students, retired, military, and
handicapped patrons. Implemented educational programs includ-
ing Lhe American follege Theatre Festival, National Student Art
Exhibition, International Choral Festival and other student
performances. Represented the Kennedy Center at meetings and
seminars throughout the country, planned and administered
national conferences and symposia on the performing arts.
1970 - 1911 FIRST Vl RGINIA BANKSHARES CORPORATION
Marketing Executive
Planned and executed marketing strategy for the opening of six
branch banks throughout Virginia, created and placed print and
broadcast advertis~i ng, and devised new account incentive
programs.
1966 - 1970 UNITED STATES ARMY SECURITY AGENCY
Intelligence Analyst
Cleared for Top Secret Cryptography. Tour of duty at the
Defense Language Institute, Monterey, California, the Middle
East, and the National Security Agency, Washington D.L.
1964 - 1966 DANCER, FIIZGERALD, SAMPLE, INC., New York, NY
Television Copywriter
Wrote and produced television commercials, radio spots, and
print ads for national accounts. Positt on vacated for military
service.
OTHER EXPERIENCE
Current President of the International Society of Performing
Arts Administrators Foundation and Board Member and Secretary
of the International Society. The International Society con-
venes an annual bookfng conference in New York every December
and an international Congress of Performing Arts managers in
Europe every June.
Current Board Member of theatre L.A, the service organization
for non-profit theatre in Southern California.
37
THOMAS C. HITZE RESLME
(Page 3)
OTHER EXPERIENCE (continued)
Consultant on numerous feasibility studies for the design,
construction, and programming of theatres, concert halls, and
^erformi^.^, ~!c enters Pancii,t and _ __ .,rtsiLOr sor the
California Arts Council, evaluating the administrative programs
and artistic Duality of theatres throughout California. Con-
sulting clients includes The National Endowment of the Arts,
Washington D.C.; Ministry of Citizenship end Culture/Ontario
Heritage Foundation, Toronto, Canada; Theatre Projects
Consultants, London, Plew York, and Los Angeles; cities and
colleges throughout the Western United States and Canada.
Past President of the Western Alliance of Arts Administrators.
Served on the Board of Directors and Executive Committee that
incorporated the Western Alliance as a non-profit corporation.
The Western Alliance convenes an annual booking conference of
800 performing arts managers and agents covering the Western
United States and Canada.
Co-founder of the Great American Children's Theatre Company,
Milwaukee, Wisconsin, a professional theatre for young
audiences that tours the country playing Lo 7.00,000 children
annually.
Instructor for UCLA-Extension in Theatre in Los Ande les.
EDUCATION NASHI NGTON UNIVERSITY, St, Louis, MO
Bachelor of Arts Degree in English and Theatre (1966)
OFFENSE LANGUAGE INSTITUTE, Monterey, CA
Certification in Russian Studies (1968)
UNIVERSITY OF CALIFORNIA, LOS ANGELES
- Symposium: Entertainment Law
- Cable Television Production
UNIVERSITY OF SOUTHERN CALIFORNIA, Los Angeles, CA
- Live Television Production
REFERENCES Available upon request
"~~ ~~.~
Thomas Mitze, d.b.a., Mitze Productions has served as a
consultant on numerous feasibility studies for the design,
construction, and programming of theatres, concert halls,
and performing arts centers. Mr. Mitze also serves as a
site visitor for the California Arts Council evaluating the
administrative programs and artistic quality of productions
of numerous professional theatres throughout California.
CLIENT LIST
1. City of Chandler, Arizona
2. city of Irvine, California
3. city of Santa Cruz, California
4. City of Brea, California
5 City of Glendale, California
6. City of Torrance, California
7. City of Fremont, California
8. City of Lancaster, California
9. City of Concord, California
10. City of Bellevue, Washington
11. Escondido Community Development Commission,
California
12. National Endowment of the Arts, Washington DC
13. California Arts Council, Sacramento, California
14. Ministry of Citizenship and Culture/Ontario
Neritaqe Foundation, Toronto, Canada
15. Association of College, University, and Community
Arts Administrators, Washington DC
16. Theatre Projects Consultants, London, New York, and
Los Angeles
39
13503 Brazo Road • La Mirada, Colifa<nia 90638
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: Apr11 18, 1990 ~ '
T0: City Council and City Manager
FROM: Russell H. Maguire, City Engineer
BY: Gerry Dyer, Associate Engineer
SUBJECT: Approval to award and execute a Professional Services
Agreement between the City of Rancho Cucamonga and DGA
Consultants, Inc. for the preparation of design plans,
contract specifications and engineer's estimate for
Haven Avenue Rehabilitation and Nidening from 4th Street to
Foothill Boulevard. The not-to-exceed fee of 5169,700.00
plus 10% contingencies to be funded from System Development
Fund, Account No. 22-4637-8936 (14%) and FAU, Recount No.
24-4637-8838 (86%).
RECOMlENDATION:
It is hereby recommended that the City Council award and execute the
above subject Professional Services Agreement.
BACKGROUND/ANALYSIS
On August 11, 1989, five engineering consultant firms responding to a
Request for Proposal for Haven Avenue Rehabilitation and Nidening from
4th Street to Foothill Boulevard submitted detailed scope of work,
background, reference and project team credentials 4.o the City of Rancho
Cucamonga.
The ranking of the firms by using the cri terla of the selection procedure
approved by City Council and Caltrans far the FAU project was as follows:
Ranking by Strength of Proposal Associated Fee
DGA Consultants f169,700.00
ASL Consultants f207,2D4.53
Centennial C1vi1 Engineers 5162,159.00
A een_iarnA Engineers f125,756.DC '
BSI Consultants f 72,107.00
The firm of DGA Consultants, inc. is recommended as the design firm for
the project based on the strength of their proposal and the associated
fee. The proposals of Associated Engineers and BSI Consultants were so
~~
CITY COUNCIL STAFF REPORT
PROF SVC AGMT/DGA CONSULTANTS
APRIL 18, 1990
PAGE 2
limited to their scope of work that they were re,{ected from final
consideration since DGA Consultants had the best orooosal of the too
three firms they were selected.
The Professional Services Agreement with DGA Consult, Inc., has been
approved by Caltrans.
o ve~n..~cuv .. .uM.1 ~~~a
RHM:JD:
~'
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 18, 1990
T0: City Council and City Manager (~
V i
°'~'. ~;..;.,o.l n. i~wyuire, vi ~y cnyineer
BY: Linda Beek, Jr. Civil Engineer ,
SUBJECT: Award and authorization far execution of contract for Arrow
Route Street Imorovements and S1ana1 UDarade at Haven
Avenue Improvement Project located from east of Hermosa
Avenue to Haven Avenue, to Mobassaly Engineering, Inc., for
the amount of f221,784.00 (5207,076.68 plus 30~
contingency), to be funded with Systems Development Fund
Account No. 22-4637-8858 and TDA Article 8 Account
No. 12-4637-8831 (F.Y. 88/89 and F.Y. 89/90)
RECOMMEMDATiON:
It is recommended that the City Council award and authorize execution of
contract for Arrow Route Street Improvements and Signal Upgrade at Haven
gvenue Improvement Project to the lowest responsive bidder, Mobassaly
Engineering, Inc. for the amount of ;207,076.68, and authorize the
Administrative Services Director to expend 5227,784.00 (5207,076,68 plus
108 contingency) to be funded from systems Development Fund Account
No. 22-4637-8858 and TDA Article 8 Account No. 12-4637-8831.
BACKGROUNDJANALYSIS
Per previous Council action, bids aere solicited, received and opened on
April 6, 1990, for Lhe subiect project. Mobassaly Engineering, tnc., is
the apparent lowest responsive bidder with a bid amount of 5207,076.68
(see attached bid sumwry). The Engineer's estimate was 5205,529.35.
Staff has reviewed all bids received and found them to be complete and in
accordance with Lhe bid requirements. Staff has coipleted the required
background investigation and finds all bidders to meet the requirements
of the bid documents.
Res s ted,
n
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 18, 1990 (7
FROM: Russell H. Maguire, City En9lneer
BY: Phillip Yerbera, Assistant Civil Engineer
SUBJECT: Approval of Map, the Summarily vacation of a portion of
Utica Avenue, Improvement Agreement, Improvement Security
and Ordering the Annexation to Landscape Maintenance
District No. 3 and Street Lighting Maintenance Distric4 Nos.
I for 6 for Parcel Map 11410, located on the southwest
corner of Utica Avenue and Arrow Route, submitted by Utica-
Haven Associates.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions
approving Parcel Map 11410, and accepting the sub,~ect agreement and
security, ordering the annexation to Landscape Maintenance District No. 3
and Street Lighting Maintenance District Nos. 1 and 6, ordering the
summarily vacation of a portion of Utica Avenue, and authorizing the
Mayor and the City Clerk to sign said agreement and to cause said map to
.n
ANALYSIS/BACKGROUND
Parcel Map 11410, located on the south side of Arrow Route between Utica
and Haven Avenue in the Industrial Park and Naven Overlay Districts, was
approved by the Planning Commission on May 11, 1988, for the division of
11.26 acres into 6 parcels. ,
The Developer, Utica-Haven Associates, is submitting an agreement and
security to guarantee the construction of the off-site improvements in
the following amounts:
Faithful Performance Bond: f252,000
Labor and Material Bond: 5126,000
Nonumentatian: S 2.700
Copies of the agreement and security are available in the City Clerk's
Office.
`F
CITY COUNCIL STAFF REPORT
PM 11410
APRIL 18, 1990
PAGE 2
A letter of approval has been received from the Cucamonga County Nater
~•-•-. _._ ~_ r e o ~~ navo also been aooroved by the City Attorney. The
Consent and paiver to Anne%ation form signed by the Developer 15 On n le
in the City Clerk's office.
Respec• ul •submitted,
t ~
7r
JAA:d
Attachments
'~5
RESOLUTION N0. Q~- ~ ~p,,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER
11410, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY
WHEREAS, Tentative Parcel Map !b. 11410, submitted by Utica-Haven
Associates, and consisting of 6 parcels, located on the south side of Arrow
Route between Utica Avenue and Haven Avenue, was approved by the the Planning
Commission of the City of Rancho Cucamonga on May 11, 1988; and
WHEREAS, Parcel Map No. 11410 is the final map of the division of
land approved as shown on said Tentative Parcel Map; and
WHEREAS, to meet the requirements estab115hed as Drerequisite to
approval of the Final Map by the City Council of said City have now been met
by entry into an Improvement guaranteed by acceptable Improvement Security by
Utica-Haven Associates.
NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES that said Improvement Agreement and said Improvement Security
submitted by said developer be and the same are hereby approved and the Mayor
is hereby authorized to sign said Improvement Agreement on behalf of the City
of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map
No. !1410 he and the same is herehy approved and the City Engineer is
authorized to present same to the County Recorder to 6e filed for record.
1~
RESOLUTION N0. 90 - ~ (P 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF
A PORTION OF UTICA AVENUE
NNEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and
Highway Code, the City Council of the City of Rancho Cucamonga is authorized
to summarily vacate a portion of the City Street hereinafter more particularly
described; and
NHEREAS, the City Council found all the evidence submitted that a
portion of Utica Avenue 1n the Industrial Park and Haven Avenue Overlay
District is unnecessary for present or prospective public street purposes
because it has been superceded by relocation.
NDN, THEREFORE, B€ IT RESOLYE6 by the Ciiy Councii of the City of
Rancho Cucamonga as follows:
SECTION is That the City Council of the City of Rancho Cucamonga
hereby nw es s order vacating that portion of said street as shown on Parcel
Map 11410 in the office of the City Clerk of the City of Rancho Cucamonga, is
by reference made a part thereof.
SECTION ?: That from and after the date the resolution is recorded,
said port on o ica Avenue no longer constitutes a street or public utility
easement.
SECTION 3: That the City Clerk shall cause a certified copy of this
resolution~E-e recorded in the office of the County Recorder of San
Bernardino County, California.
RESOLUTION N0. qp- ~ (p~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE M1IINTENANCE DISTRICT N0. 3 AND
rrnerr , trurr ur. u"turru wre n,r+",r+ --
_...__. ___... _.._ ._._..._._..___ ___...._. ...... ..~.,. ~ gun
PARCEL MAP 11410
NHEREAS, the City Council of the City of Rancho Cucamonga,
California, has previously formed a special maintenance district pursuant to
rho rorss of rho "~"nAp~aping and Lighting Act of 1972", being "uivision 15,
Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance
District No. 3, Street Lighting Maintenance District No. I and Street Lighting
Maintenance District No, 6 (hereinafter referred to as the "Maintenance
District"); and
NHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping
and Lighting Act of 1972" authorize the annexation of additional territory to
the Maintenance District; and
NHEREAS, at this time the City Council is desirous to take
proceedings to annex the property described on Exhibit "A" attached hereto and
incorporated herein by this referenced to the Maintenance District; and
NHEREAS, all of the owners of property within the territory proposed
to be annexed to the Maintenance District have filed with the City Clerk their
written consent to the proposed annexation without notice and hearing or
filing of an Enai peer's "Report".
NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLONS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this legislative body hereby orders the annexation
of the prop~as shown 1n Exhibit "A" and the vrork program areas as
described in Exhibit "B" attached Nereto to the Maintenance District.
SECTION 3: That all future proceedings of the Maintenance District,
including-fFeTvy of all assessments, shall be applicable to the territory
annexed hereunder,
'V
_ - EXIlIT •A•
ASSESSMENT DIAGRAM
LANDSCAPE MAWTENANCE DISTRICT NO. 3
STREET LIGHTING MAMTENANCE DISTRICT NOS'.`~1 AND 6
- f_
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CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
EI(HIBIT 'B'
PROJECT NAME: Parcel Map 11410
N0. OF D.U. OR ACREAGE: pcl. 1: 2.6 ac. N0. OF ASSESS. UNIT: 22.2 units
L: C.J
3: 1.8
4: 1.8
5; 1.2
6: 1.4
TTT Acres
STREET LIGNTING MAINTENANCE DISTRICT
No. of Lanq~s to be Annexed
District Na.
1 --- ~ -° --- ---
6 --- --- --- --- ---
LANDSCAPE MAINTENANCE DISTRICT
Turf Ground Cover Trees
District No. Street Nave Sq. ft. Sq. ft. Ea.
3 Utica Ave. --- --- 21
Haven Ave. --- --- 42
ArroN Rte. --- --- 26
JM:4/18/90
~~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
- _.,
,.
T0: City Council and City Manager
FROM: Russeit H. Maguire, City Engineer
nv: <tC YC u r_tlltlanA Di,hlir Ynr4c Tn<nM tnr
SUBJECT: Approval of Improvement Agreement Extension for Tract 12895,
located on the Nest side of Baker Avenue between
Foothill Boulevard and ArroN Route, submitted by Great Na11
Builders
RECOMEIDATIOM
It is recommended that the City Council adopt the attached resolution,
accepting the subfect agreement extension and security and authorizing the
Mayor and City Clerk to sign said agreement.
gNALYSTS!BACKGROUN9
improvement Agreement and Improvement Security to guarantee the construction
of the public improvements for Tract 12895, were approved by the City Council
on February 't, 1989, fn the Tollowing amounts.
Faithful Performance Bond; 5430,000.00
Labor and Material Bond: 5215,000.00
The 6eveloper, Great Nall Builders, is reQuesting approval of a 12-month
extension on said improvement agreement. Copies of the Improvement Agreement
Extension are available in the City Clerk's Office.
Respec y su itted,
RHM'..~:~~
Attachments
5l
GREAT WALL BUILDER
619 SOUTH FREMONT AVE., SUITE O, ALHAMSRA, CA 91903 • (919) 579.5001 or 714-949-4999
March 1, 1990
Bteve M. l.i Milano, Public Works Inspector
Engineering Division
Community Development Depa rimer.t
l;lty oI Rancho l:ucamonge
P.0. Box 807
.:~.-. ~.,c .,,.. anw nga, CA 9iidJ
Job Name: Villa Gabriel Townhomes
Job Address: 8378 Baker Ave., Ranche Cucamonga, CA 91730
Tract No.; 12895
Re: Extension of Improvement Agreement
llear Mr. Gilliland;
Rough grading 2nd all undezgrour.d wcrks (storm d:sin, sewer line
and water main) h¢ve been completed for entire tract.
All oEfsite street im Drovement will 6e done this month.
For Lot 1 & 2, all utility lines (Electrical, Telephone and Cas)
have been placed, curb and gutter will be installed this month.
Driveway paving and concrete walkway will be finished in May.
For Lot 3 & 4, Building pad was dcne with Rough Grading last
year, but building structures will not be started until May. So
we plan to construct curb and gutter in October, place utility
lines in November, and pave [he driveway and concrete walkway in
February r.e xt year.
Please extend the Improvement Agreement to end of February next
year. We really appreciate your kindly consideration.
Sincerely
~~
~- ~~-~
~~ 77// ~
Georp'e YNdng, General Par er
S2-
RESOLUTION N0. 9D - ~ Y' S
A RESOLUTION OF THE CITY CWNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROYING IMPROVEMENT AGREEMENT
_°::'. ~~.7IuN N+u li9l ilU ~Y E1~ICN1 J[i.UR11Y FUN INN.I 1LO io
NHEREAS, the City Council of the City of Rancho Cucamonga,
Calit'orn{a, has for its consideration an Improvement Agreement Extension
executed on Apr1'. 18, 1990, by Great Nall Builders as developer, for the
Iml'U ven,c rat ^t „bl{~ .f M_nf .ya~r a~f a=anf M hhn real e.ty eni Ft=ally
V p,. ...g.._-~. v _ prep.. sp
described therein, and generally located on the west side of Baker Avenue
between Foothill Boulevard and Arrow Route; and
NHEREAS, the installation of such improvements, described in said
Improvement Agreement and subfect to the terms thereof, is to be done in
conjunction with the development of said Tract 12895; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the Ctty of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto,
53
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 18, 1990 ~ ~
T0: City Council and City Manager
FROM: Russell H. Maguire, City Engineer
i
BY: Steve M. Gilliland, Public Works Inspector
SUBJECT: Approval of Improvement Agreement Extension for Tract 13367,
located on the north side of Highland Avenue between Hellman
Avenue and Amethyst Street, submitted by Quintessence
Development Company ,
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution,
accepting the sub,~ect agreement extension and security and authorizing the
Mayor and City Clerk to sign said agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee the construction
of the public improvements for Tract 13367 were approved by the City Council
uu nutmwm ii, ;wu, iii me iJiivn iq ui..~or.....
Faithful Performm~ce Bond: 5298,814
Lahor and Material Bond: (149,410
The developer, Quintessence Development Company, is requesting approval of a 6
month extension on said improvement agreement. Copies of the Improvement
Agreement Extension are available in the City Clerk's Office.
Respectf~ ubmitted,
//~i' `~
/ / / l ~-- /
~/ / ~___
RFIM: SG: dly--'
Attachments
J `f
March 11, 199(
1 .
City of Rancho Cucamonga ., ~,Id ~~~-''"~"•~A
Community Development Department .~~' „~,~,AG ~I~iS~oN
Engineering Division ~"~'~`~~
F n Rny R07
Rancho Cucamonga, CA 91729
Atrention: Steve M. Gilliland
Public Works Inspector
Reference: Expiration of Improvement Agreement
Tract No. 13367
Dear Steve:
We are in receipt of your letter dated February 15, 1990,
regarding the expiration of our Improvement Agreement. We have
been delayed in completing our improvements by the Citys'
contractor to the south of our pro,)ect. The eortractor Se now
finished and we are proceeding diligently with our work,
We would like to request an extension of our Improvement
Agreement for a period oP six months. Enclosed please find a
nFnnb •L...
:.. .. ~...... •. .c • nn t,•~ 1Vt YIIlO CA LCfltl lull.
If you have any questions whateoevar, please feel free to
call me at (714) 359-1074.
Thank you for your time and cooperation Sn this matter.
Sincerely,
9UINTESSENCE DEVELOPMENT COMPANY
Jo Quinn
,JHQ/msq
Encls
~5
JBIU IA LEARA AVEnUE, k111E 901. FIVFRSIOE CAII{OflNIA 97yp5. IIa~pB9~8B~g
RESOLUTION N0. 9Q-~~('p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROtlING IMPROVEMENT AGREEMENT
cVx ucrnu •-'.- --'
•--- .,. ..v:i.r,~n, acwxtlr tuft tRACT 13367
HHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consi deratl on an improvement Agreement Extensior.
executed on Avail la Ioon .y Qci~rLe„epee ueveivpmeni Coxgany as aeveloper,
for the improvement of public right-of-way ayacent to the real property
specifically described therein, and generally located on the northside of
Highland Avenue between Hellman Avenue and Amethyst Street; and
HHEREAS, the installation of such improvements, described in said
Improvement Agreement and subJect to the teases thereof, is to be done in
conJunction with the development of said Tract 13367; and
HHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which Ts identified
in said Improvement Agreement Extension.
NOM, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Inproveatent Agreement Extension and said
Improvement Security be and the sane are hereby approved and the Mayor is
hereby authorized to sign said logrovenent Agreeaent Extension on behalf of
the City of Rancho Cucamonga, and the Cfty Clerk to attest thereto.
5(P
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: April 18, 1990 - ~.--
T0: C1ty Council and City Manager
FROM: Russell H. Maguire, City En99 Weer'
BY: Steve M. G111iland, Public Norks Inspector~`~-
SUBJECT: Approval of improvement Agreement Extension for Elm Avenue,
located on Elm Avenue between Church Street and Spruce Avenue,
submitted by Lewis Homes
RECOMEMDATION
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing the
Mayor and City Cierk W sign said agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and I~rovement Security to guarantee the construction
of the public improvements for Elm Avenue were approved by the City Council on
March 3, 1988, in the following amounts.
Faithful Performance Boud: =53,600.00
Labor and Material Bond: 626,800.00
The developer, Lewis Homes, is reQUesting approval of a 6-month extension on
safd improvement agreement. Copies of the Inprovement Agreement Extension are
available in the City Clerk's Office.
Respectf y submitted,
~i
RN~I. ---
AtfAl.halanti
57
Lewis Homes Management Corp.
i 156 t;~sth Nounuin Aviceue / P.O, aaz 6701 ^plaM, California 91785 w
'119d5~0971 FAX: 71a/9A 1-9799 ^
~2
~
Mafcn 1, LYYV ~ :. ~ _Il\
Z P~
"
~L
'~ ~
~
,
Mr. Steve Gilliland °~`y
Pubhc Works Inspector 5 ~
s
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91730
Re: Improvement Agreement Extensions
Dear Steve:
Enclosed is our Check in the amount of 51,004.00, which, together with the P.M. 10295
check which wasn't needed, will cover the fees for the following five agreements expiring
this month.
Work under the Elm Avenue agreement is wmplete except for street lights, which will be
installed by next week, bu! we won't cap the street until the other aide is finished, and so
will need an extension. P.M. 11030'a required improvements are days from completion, but
I understand there s a question on some of the median sub being substandard, so we'll ask
f... n .d.n.:nn nw abnl a...a
The other three projecu, Tr. 13270, Tr. 13273, and Tro. 13271/14150 (two numbers, but one
project), are tied to completion o[ Milliken Avenue, which is done except for the median
landscaping. Those plans are in the checking proven and should be close to approval, as
we paid for an overtime plan check, but irotallation may take six to eight weeks because
the design is so labor interoive. As we're not certain how soon the platu will be signed,
we'll ask for a su month extetuion to be safe.
The executed extetsion forma aro enclosed; call me at 949.66gg it you need more
information.
Cordially,
Lewin Homes Management Corp.
~~~
Don Thompson
DT/vs
Enclosures ~~
RESOLUTION N0. 9~ - /(p 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA. CALIFDRNiA. aDDROVT wr. TMDROVFMFMT -nRFFMFMT
EXTENSION AND IMPROVEMENT SECURITY FOR ELM AYENUE
NHEREAS, the City Council of Lhe City of Rancho Cucamonga,
California. has for its consideration an Improvement Agreement Extension
__.
cAC~U,.ca U11 Ap~ii i~+, iD, uy Lcwii riviaea da ueieiUper, I'Vr ifle 1mprDVemenL
of public right-of-way ad,{acent to the real property specif{tally described
therein, and generally located on Elm Avenue between Church Street and Spruce
Avenue; and
NHEREAS, the installation of such Improvements, described in said
Improvement Agreement and sub,{ect to the terms thereof, is to be done in
conjunction with the development of said Elm Avenue; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
1n said Improvement Agreement Extension.
NOM, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
59
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 18, 1990
T0: City Council and Gi ty Manager
.,
T'1
_ .~ i
FROM: Russell H. Maguire, City Engineer
BY: Steve M. Gilliland, Public Norks Inspector~~
SUBJECT: Release of Bonds and Notice of Completion
The required street improvements for Tract 10827-3 have been completed in
an acceptable manner, and it is recommended that City Council accept said
improvements, accept the Maintenance Guarantee Bond in the amount of
f42,000.00, authorize the City Engineer to file a Notice of Completion
and authorize the City Clerk to release the Faithful Performance Bond in
the amount of f420,000.00.
BACKGROUND/ANALYSIS
Tract 10827-3 - located on the south side of Manzanlta Drive between
Haven Avenue and Hermosa Avenue
DEYELOPER: Relco Industries
5157 Nilshire Boulevard, Suite 670
Los Angeles, CA 90035
Accept:
Maintenance Guarantee Bond (Street) (42,000.00
Release:
Faithful Performance Bond (Street) f420,000.00
Respect~f ~ submitted,
~~, ~i~
....-: ~~
~r~~ -- -~
//„ ~<-
RNM:SMG': sfm
Attachment
RESOLUTION N0. 9O' II~S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 16827-3 ANO AUINUwt[lnla ine n~im. u~ n nviie~
OF COMPLETION FOR THE NORK
WHEREAS, the construction of public improvements for Tract 10827-3
have been comol eted to the sati sfactlon of the City Enai near: and
NHEREAS, a Notice of Completion is reQuired to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notiee of Completion with the County Recorder o{
San Bernardino County.
4-
--- CITY OF RANCHO CUCAMONGA
STAFF REPORT
~-
GATE: April 18, 1990
T0: City Councii and City Manager
FROM: Russell H. Maguire, City Engineer
8Y: Steve M. GPiland, public Norks Inspectgr-"-'~-M i
SUBJECT: Release of Bonds and Notice of Completion
The required street improvements for OR 86-36 have been completed in an
acceptable manner, and it is recoaMended that City Council accept said
improvements, authorize the City Englneer to file a Notice of Completion
and authorize the City Clerk to release the Faithful Perfonaance Bond in
the amount of 5880,000,00.
BACKGROUND/ANALYSIS
OR 86-36 - located on the south side of 6th Street betvreen Utica Avenue
and Cleveland Avenue
utrtwvtx: uenerai uynamu ra~iey ~yscems
P.O. Box 50-800
Ontario, CA 91761
Release:
Faithful Performance Band (Street) 5880,000.00
Respectfully submitted,
KHi7: Shk;: iy
~_~~
Attachment
CP
RESOLUTION N0. 9O' I ~D "1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
f.11r.AMnMfe rel iFnRMTe eff.FPTTMf, THE DIIRI if. iMDROVFMFMTC
FOR OR 86-36 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE NORK
WHEREP.S, the construction of public impraveTnents fcr CR B6-3E have
uccii i.~,upictcu w the aSti Si6t:iiui, ui the viiy Ellglfleery and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOM, THEREFORE, the City Caunc7l 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.
(~ 3
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: April I8, 1990
FRCM: Russell N. Maguire, City Engineer
BY: Steve M. Gilliland, Public Norks Inspector
JUtlJtCt: I(e lea SC ui OS,ia'i Env nv,.,~c vi Cw,iyloti,i,1
RECOMIEMDATION:
The required street improvements for Parcel Map 7902 have been completed
in an acceptable manner, and it 1s recollmended that City Council accept
said improvements, authorize the City Engineer to file a Notice of
Completion and authorize the Ctty Clerk to release the faithful
Performance Bond in the amount of 549,000.
BACKGROUND/ANALYSIS
Parcel Map 7902 - located on the southeast corner of Nilson Avenue and
Mayberry Avenue
DFVFI nPFR: Blair Hnmrc
11155 Central Avenue
Ontario, CA 91762
Release:
Faithful Performance Bond (Street) 549,000
Respectfully submitted,
RHM:SMB:s,~m
Attachment
P 7
RESOLUTION N0. 90" ~ ? ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMDROVENENTS
FOR PARCEL MAP 7902 ANO AUTHORIZING THE FILING !)F A
nut l6c yr ourrcciiun run in: w.mn
NHEREAS, the constructicr, of public improvements for Parcel Map 7902
have been completed to the satisfaction of the C1ty Engineer; and
WHEREAS, a Notice of Conpleti on is required to be filed, certifying
the work complete.
NOM, THEREFORE, be it resolved, that the work is hereby accepted and
the City Engineer is authorized to sign and file a Notice of Completion with
the County Recorder of San Bernardino County.
Cos
ORDINANCE N0. 290A
AN ORDINANCE OF THE C[TY COU NCiL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING Ti TLE 5, CHAPTER 5.12 OF
THE RANCHO CUCP.MONGA MUNICIPAL CODE TO MODIFY REGULATIONS
wn~c n!u nu ~n~~n ini nn cni rc KM l15
T6o f?hy fnln ii of hhn fihy ni Oy ~F~ f~ ~~y Abe Ae vAy ..d y:
as follows:
SECTION 1: Section 5.12.115 is added to Chapter 5.12 to read as
follows:
5.12.115 - Annual Renewal. The applicant for every renewal of an
entertainment permit shall submit to the City Manager, or his designee, a
written statement setting forth such information concerning the applicant's
business during the preceding year as may be required by the City Manager to
enable him to ascertain whether the information listed on their original
entertainment permit application has changed in the past year. The City
Manager, or his designee, shall review said information and determine if a
modification to the entertainment permit is warranted. The Planning
Commission shall review any such modification pursuant to the provisions of
this chapter.
SECTION 2: This Council finds that this amendment is exempted from
the requirements of the California Environmental Quality act of 1970, as
amended, and the Guidelines promulgated thereunder pursuant to Section 15061
J. ..i. i+i:.G ~ e~ ~~uc .~ u. we w.l w~u iu ewe u~ neyu coma.
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CITY OF RANCHO CUCAMONGA
unie. nprii iv, i7yu
T0: Mayor and Members of the City Council
FROM: Brad Buller, City Planner
BY: Nancy Fong, Senior Planner
Si~BJEC T: FOOTHILL BOULEVARD SPECIFIC PLAN AMEN OMENT 90-OS - CITY OF
RANCHO CUCAMONGA - A request to amend the Foothill
Boulevard Specific Plan by adding Dha rma cy use in the
Specialty Commercial District of Subareas 1, 2, and 3;
clarifying the intent of wordings in several areas of the
Specific Plan text for consistency purposes; clarifying
the Development District and standards for the area at the
end of San Bernardino Road in Subarea 2; and modifying the
plant palette for the Foothill Boulevard landscaped median
island,
RECOMMENDATION: The Planning Commission recommends that the City
Council adopt the attached resolution approving the proposed amendment.
BAC KGROUN O: The proposed amendment is to add and clarify several items
in the Specific Plan document for consistency purposes. The Planning
Commission reviewed the proposed amendment nn March 14, 1990 and
recommended approval to the City Council. A copy of the March 14, 1990
Planning CommiSS ion Minutes and Planning Commission Reso lutitln No.
90-29, have been attached in this report for your reference. The
attached March 14, 1990 Staff Report to the Planning Commission gives a
detailed description of the proposed changes.
Res tf ly s d,
i o_ ~ /
~ City P1 ie1
anner
BB ;N F/ifs
ST~4.FF REPORT
CITY COUNCIL STAFF REPORT
FOOTHILL BODLE`JARD SPECIFIC PLAN AMENDMENT 90-01
April 18, 1990
Page 2
Attachments: March 14, 1990 Planning Commission Minutes and Staff
Report
Planning Commission Resolution No. 90-29
- - ~~~ ~imminy ~umm iss ion oca Lr nepon ana
- Minutes J
Exhibit "A" - Add Klusman House
Cxhib it "8" -Realigned Red Hiii Road
Exhibit "C-1" - Median Island
Fxhihat ur_7n MEd ian I- diiv'
Exhibit "C-3" - Spacing of Trees Nithin Activity Center
Exhibit "D" - Add Criteria to Specialty Retail
Exhibit "E" - Add Pharmacy Stores to Specialty
Commercial District
Exhibit "F" -Delete Vineyard Avenue Setback Standards
Exhibit "G-1" - Development District for property at end
of San Bernardino Road
Exhibit "G-2" - Add Uses and Standards of MR to Subarea 2
Resolution of Approval
~ 9r/FP~F P-~T
~Ank4i~ CDM'MJSSlA1J Qfso. ~ 90 _ ~9
CP~
Mr. Butler stated that there are other issues beyond the median island
landscaping holding up occupancy on the building. He suggested the hospital
and Lewis Homes meet wi to City staff to resolve the other issues.
Y R # f
F. FOOTHILL BOULEVARD SPECIFIC PLAN PMENOMENT 90-01 - CITY OF RANCHO
wLgmunug - q request t0 amend the hooshill Boulevard Specific Plan 6y
adding pha rmaty use in the Specialty Commercial Oistr tit of Subareas 1, 2,
and 3; clarifying the intent of wording in several areas of the text for
consistency purposes; clarifying the development district and standards
for the area at the end of San 0erna rd ino Road in Subarea 2; and modifying
•"^ '~_• '-••- fcr ` - Focth ill
'v ~~~~~ pa.=••= ,.~~= OGuieva rd is ndsceped median is is nd.
Nancy Fong, Senior Planner, presented the staff report.
Chairman Mc Niei opened the public hearing.
Richard Crean, owner of the property surrounding the Sycamore Inn in Subarea
?, stated he was representing Vern Hin ricksen, the owner of the Sycamore
Inn. He stated they had attended a number of hearings in connection with the
Foothill Boulevard Specific Plan, anE it was their perception that office use
was included in the Specialty Commercial designation to allow flexibility so
that developers could meet the demands of the market place. He felt there are
certain areas within the Specialty Commercial designation that could be more
heavily office than specialty retail. He stated Chat on their property
specifically they have to meet the master planning process and it seemed to be
redu r~da nt to require a Ca ndi[ional Use Permit in addition to the master plan
process if they wished to exceed 50 percent office use.
Rndv CiminL naC fnvuc~n n< 9n1t1 gn<inoaa ron~en nN ve 1..., i.,o <r, gee ~._. ..__
a va ilahle to answer any questions regarding the pharmacy use.
Commissioner Blakesley asked if Mr. Stroink felt 10,000 square feet is a
reasonable dividing line between a larger pharmacy and one that would be
better suited to the area.
Mr. Stroink agreed that the 10,000 square foot 1Smita Lion seemed adequate. He
said that 25,000 square feet is standard for the larger, chain drug stores.
He felt that 10,000 square feet would be sufficient for acre of a pharmacy
use.
Joe Ramos, 1182 North Padua, Suite S0, Uptand, stated he represented the owner
of the property located at the end of San Bernardfno Road. He said they were
concerned with the development standards affecting the parcel. He said the
ip_tn.ll R~d1.Ya"d $pecific Plan Sta nd ardi require a 25-fait ae t`vaik, but ii,
this case there is nothing adjacent to the parcel because railroad tracks are
Located to the north, Flood Control channel is located to the west, and
Carnelian is on the east, with several houses t0 the south of San Bernardino
Road. He said their usable property is cut to approximately 51 percent
because of the bridge under the railroad tracks, the approximate 30-foot
Planning Commission Minutes -12- March 14, 1990
~~
easements for sewer and water lines, and the 25-foot setback He asked if
smaller setbacks could be considered and if the 30-foot equestrian easement
adjacent to the railroad could be removed.
George Gu ide ra, 7363 Garnet, Rancho Cucamonga, felt the property located at
the end of San Bernardino Road Should tie in with Community Commercial, as
pernaps sere ue commercial. He could not envision residen[es abutting the
railroad track.
Mr. Crean stated he wanted a viable activity center to rrou~d+ng the SycESCre
inn, ne was cone e~ned that Specialty Retail may not be what the area is
demanding at this -oment in time and said they need flexibility.
Hearing no further testimony, the public hearing was closed.
Laura Bonaccorsi stated that when the Design Review Committee reviewed the
landscaping they requested that the full Commission review the type of
landscaping to be used on the Foe thin medians and the type of ha rd sea pe,
either cobble, bomani te, or concrete pavers. She said Design Review discussed
whether the crepe myrtle should vary in color, and if so where.
Chairman McN iel preferred adopting a given color for each section.
Commissioner Chitiea suggested that the median have a single color with a
secondary color introduced in some nodes. She wanted no more than two Colo rs.
Commissioner Tolstoy preferred a single color on the entire median. He Was
agreeable to the second color on either end at the nodes, but he wished to
avoid a checkerboard effect.
[t was the consensus of the Commission that a single color Would be used for
the median and one accent color Would be introduced in some nodes.
Comm ss loner C~ ~ stated that the ha rd scope is not intended for pedestrian
use, but that sa °e ty of those maintaining the area must be considered. She
wondered if pavers might shift. ,
Commissioner Tolstoy asked what the maintenance people would prefer and if
there are any particular problems with any of the suggested surfaces.
Ms. Bonaccorsi responded that cobble is the least stable to walk on and there
are few problems with concrete pavers. She said bomanite may have a slippery
surface when wet. She indicated all three treatments are acceptable to
CalTrans so long as the cobble or bomanite material is grouted and the pavers
hdVE d CenC Fa tP. hanA <~,Rp~nA ing Lha
Commissioner Tolstoy stated he preferred cobble but he was worried about the
safety of the maintenance crews.
Commissioner Ch it tea agreed that cobble would be the least desirable from a
maintenance standpoint, and she d1d not wisA to see ciosure of lanes in order
Planning Commission Minutes -13- March 14, 1990
~'
to perform maintenance work. As she wished to see integration with the more
u rba r. activity nodes at the major intersections, she asked what has been
proposed at the major intersections.
Dan Coleman, Principal Planner, stated that the material has not been selected
as yet.
_ __ :1 n,,.,.. •., r: •,. Diann of ~lvA fA of . she 6wn mn~n , •Fn
City has been recommending concrete pavers in thec ped a strian plazas. He said
that bomanite does not give the same richness as with interlocking pavers.
Commissioner Chitiea stated she preferred there be the most consistency and
that the area be tied together in the best way possible.
Commissioner Blakesley liked the idea of Cobble because of its texture and
appearance, but he felt safety and consistency considerations should be
overriding. He felt interlocking pavers in the median could be aesthetically
flat.
Commissioner Tolstoy asked what color was considered.
Ms. Bonacc orsi stated it was a brick red color.
Commissioner Tolstoy asked if any other colors were available.
Commissioner Chitiea stated a variegated pattern was considered within each
brick as oppa sed to creating a va ria tton by using selected Colors. She said
there was very little choice in that pattern.
Commissioner Tolstoy stated he would prefer the sunburst color.
Commissioner Yleinberger concurred with the use of pavers.
Ms. Bonaccorsi suggested patterns and colors could be established at Design
Review.
Mr. Buller asked for clarS fica Lion on whether the Commission would like the
paver set in concrete or banded by concrete.
Commissioner 'folstoy preferred more brick.
Commissioner Chitiea preferred the finished look of Lhe ba nd tog.
Commissioner Blakesley preferred more of the paver.
1P. wat the rpnxon u~c of the fnrnnigaipr~ A _ 1 with Chi ti2a wp~Sedr Lv opt fGr
the all-paver look.
Commissioner Chitiea felt that the property at the end of San Bernardino Road
would not 6e a deslraDle place to live because of its proximity to the
railroad track and the Community Commercial activity across the street. She
felt Community Commercial or Office/Professional would De more appropriate.
Planning Commission Minutes -14- Merch 14, 1990
7~-
Mr. Buller stated Medium Re sident Cal is an existing la M use immed to to ly
adjacent to the east. He stated the issue was 6e fo re the Commissioners now in
order to designate the su r0lus Flood Control prober ty. He stated that if the
Commission wished to consider changing the existing Medium Residential, then
the item would need Co be readvertised.
Commissioner Tolstoy agreed with Commissioner Chitiea regarding the
no,; .,hit;rv rr t;v;oe ;n rr.e .. ~.~._ ti- •:• -- .i~r va rce, wouw oe a
viable commercial piece unless the existing Med ium~ Residential was also
rezoned.
Mr. Ruller stated there is an approved office project plus some ex istf ng
•-l-c..!! ...n ;r would reouire additional analysis before deciding that the
existing Medium Residential should be changed.
Commissioner Blokes ley stated he had no problem with making the north side
consistent as Medium Resident iai in the interim. He felt for the sake of
consistency, the small parcel should be designated Medium Residential and the
entire area could 6e examined fora future change.
Commis Sion er Tolstoy agreed.
Mr. Buller stated that when the applicant attempts to develop the parcel as
Medium Residential he may find that it does not make Sense, and he may then
coordinate with the other property owners for an overall project. He
recommended that the Commission not modify any of the setback standards, as
the applicant may apply for a varta nce tf the setbacks do not work.
it was the consensus of the Commission that the parcel be designated Medium
Residential with no Change in the setbacks.
Commissioner Bla kesley agreed with staff's recommendation that language be
added Co clarify that office and administrative uses are ancillary uses within
the Foothill Boulevard Specific Plan and should require a Co nd ittonal Use
Permit if their use is to exceed 50 percent of a master planned development.
He stated that if the uses are permitted 6y right, the Commission loses
control.
It was the consensus of the Planning Commission to add the language clarifying
the Specialty Retail defin pion.
Motion: Moved by 8lakesley, seconded by Chitiea, to adopt the Resolution
recommending approval of Foothill Boulevard Specific Plan Amendmw;nL 90-01,
vita modifications to specify a single color of crepe myrtle with one accent
color for the medians and the use of concrete pavers for the ha rdscape on the
a:edian. Matian ._,r+ed by the fallaw!nq °a:e:
AYES: COMM155IONERS: BUKESLEY, CHITIEA, MCNIEL, TOLSTOY, NEINBER6ER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE -carried
Planning Commission Minutes -15-
March 11, 1990
3
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 14, 1990
i0: Chairman and Members of the Pla nnin9 Commission
pants, Bra" Bc l'.er, C`•.. °`arner
.~ .
SUBJECT: FOOTHILL BOULEVARD SPECIFIC PLAN IIMENOMENT 90-01- CITY OF
RANCHO CUCAMONGA - A request to amend the Foothill
Boulevard Specific Plan by adding pharmacy use in the
Specialty Conine rc ial District of Subareas 1, 2, and 3;
clarifying the intent of wordings in several areas of the
Specific Plan text for consistency purposes; clarifying
the Development District and standards for the area at the
end of San Bernardino Road in Subarea 2; and modifying the
plant palette for the Foothill Boulevard landscaped median
island.
I. ABSTRACT: The purpose of this report is for the Planning
Commission to review the proposed modifications to the Foothill
Boulevard Specific Plan. A Resolution recommending approval to
CI t~ wun~ii iioa teen aiia~ircu fUr WmmISS IVO review ana
formal action.
II, BACKGRDUND: On December 13, 1989, the Planning Commission
considered a proposal to add the land use category of Drug Stores
and Pharmacies to the Specialty Commercial District. At that
meeting, the Commission determined that Drug Stares and Pharmacies
would be an appropriate land use subject to a Conditional Use
Permit, and directed staff to in ltia to and prepare an amendment to
the Foothill Boulevard Specf fic Plan. Staff has taken this
opportunity to expand the parameters of the amendment to include
several housekeeping items. These clean up items are listed in
the section below with the appropriate discussion for each item.
!I[. LIST OF PROPOSED CHANGES:
A. Ca~unttr features (Section 5.4.1:
Add Klusman House as one of the community features and notable
structures to page 11-5.7 and as shown in Exhibit "A" and to
read as follows:
~~
PLANNING COP441 SS ION STAFF REPORT
FOOTHILL BLVD. SPECIFIC PLAN AMENDMENT 90-01
March 13, 1990
Page 2
Section 5.3.17 Klu sman House !southwest corner of Foothill
Boulevard and Vine va rd Av anon anal c,....,,<,. o_... _..__ .
~i.
residence is a two-story structure and of Spanish Co lon~ial
Revival style. It is characterized by low-pitch hipped roof
with red ti le in an irregular pattern, polygonal tower, narrow
long windows, "S" sha pad rtw+id ing, apw m~~l r!_p~ne W'^dcws.
8. the Aiignalent of Red Hill Road [Section 7.1.3):
On May 3, 1989, the City Council adopted Resolution No. 99-205
approving the final alignment for Red Hill Road. This
proposed Amendment is to modify the languaga and the graphics
on pages 11-7.3 and 7.8 of the circulation concept Dian
showing the realigned Red Hill Road as shown in Exhibit "8."
C. Streetscace Design (Section 8.31:
Center Median Island. The proposed Amendment is to
change the plant palette from rolling turf berms
dominated by informal clusters of Crape Myrtles and
Carolina Laurel Cherry trees to Bosques of Crape Myrtles
under planted with Needlepoint Ivy at median nose areas
flanking a format row of Rhus La nc ea underplanted with
flowering shrubs, as shown in Ezh ibit "C-1 and C-2." The
Engineering staff will be available at the meeting to
in.. •4..
Spacing of trees within the Activity Center. The
streetscape concept within the Activity Center is to
plant street trees at 35 feet on center. However, this
spacing conflicted with the gra phis Concept which shows
30 feet. ISee Exhibit "C-3".) Staff recommends that the
language on page 111-8.15 be modified to read as follows:
"The concept within the Activity Center area is to
incorporate a fo Trial, regularly spaced street tree
planting system utilizing an informally shaped, colorful
street tree palette. The trees are to be planted 30 feet
on center and are to be placed between 2 to 5 feet inside
the property line.
D. Clarif in the intent of 5 colt Retail Definition 5 tion
9.1.2
A review of the land uses in the Specialty Commercial District
indicate that Office and Administrative uses are permitted
along with other retail and service uses. Since the
definition of Specialty Retail, as shown in Exhibit D, only
~$
PLANNING COMMISSION STAFF REPORT
FOOTHILL BLVD. SPECIFIC PLAN AMENDMENT 90-01
March ]4, 1990
Page 3
describes the characteristic of a Specialty Retail business, a
dev elooer re~nn ~ ---=.~-~1~ p~opooc an orn ce complex with
minimal floor area^ devoted to retail and still he consistent
with the definition. Further, such a development proposal
would not be subject to the Conditional Use Permit process as
the Office and Admini<tratipo uses ...fitted -
"d:;trict Ta avoid iris scenario from ~happening,~~s toff
recommends changes to the definition to clarify the intent of
the purpose of this distr itt by adding criteria as follows:
"Office and administrative use is ancillary to the
specialty retail uses and should not exceed SOX of the
aro ss floor area in any integrated Specialty Co Hirer Cial
Center or a master planned development, Through the
Conditional Use Permit process, the percentage of gross
floor area for office and administrative use may exceed
SOX subject to Commission's findings that the development
meets the intent of Specialty Retail, is a benefit to the
community, and furthers the goals of the Foothill
Boulevard Specific Plan,
The proposed language addition would clarify the intent of a
Specialty Conmierc ial center and at the same time allow for
flexibility in the mix of land uses. Through the Conditional
Use Permit process, the Commission would have an opPOrtunity
'•.~•.~ ~. •~~~ +r.,. Dui ,.,j ,.mun<R iai ,. ellier
would 6e kept intact.
E. Addition of Phar~ac Store Yo S iai ty Coa~ercial District
uba reas I 2 and
As mentioned previously, this proposed change was a result of
a Use Determination considered by the Planning Commission on
December 13, 1989. Based on reviewing the unique mix of
retail uses of Gemmel 's Pharmacy, the Commission determined
that such business would be an appropriate use in a Specialty
Commercial District subject to a Conditional Use Permit.
Copies of the December 13, 1989 Staff Repa rt and Minutes have
been included for your reference.
Nanaily. the ca to nnry of prpg Sip reg ..nd Pha^dt ies -year 2u'
towards major, national chain stores such as Osco Orug,
Thrifty Store, Payless and SavOn, The characteristics of
these types of stores are their large size and generally a
discount store selling a wide selection of over-the-counter
brand names and generic name Drugs, a small pharmacy and
rela*,ed discount retail items such as auto and garden
supplies, household items, cosmetics, candles, etc.
7~p
PLANNING COMMISSION STAFF REPORT
FOOTHILL BLVD. SPECIFIC PLAN AMENDMENT 90-O1
March 14, 1990
Page 4
included"a s•~a~Permitted Use or ~Cond itiona lly LPe rmi tted Use in
the Specialty Commercial District, as it would not be
compatible to the specialty retail uses. As stated in the
previous staff report, Gemnel'S Pharmacy has a unique mix of
re to it p5e5 Such ae rn ~-1 _..~ -_, ~- 'ury2 nrc~~tai
equipment and emphasis on^yifts~and a,sod aV fou nta in. These
uses are more Specialty retail than a normal pharmacy store,
However, such a store would not be a61e to establish its
6usine ss in a Specialty Coavne rc ial District, as the category
of Drug Stores and Pharmacies is not listed as permitted in
this district. To provide for flexibility far this type of
pharmacy store, staff recommends that the category of "ueuy
Stores and Pharmacies he separated into two sub-categories as
follows:
Discount drug stores and pharmacies over 10,000 square
feet.
o Pharmacies with or without related specialty retail under
10,000 square feet.
the purpose of the two sub-categories is to keep the large
major chain drug stores within the Community Commercial
District while the smaller sized pharmacies with a unique mix
"` :pcc i.a tg ~=:o ~l ~~~ wuiu ea ~aoiisn tneir oustnesses in
the Specialty Commercial District through the Conditional Use
Permit.
F. Deletion of Yi ova rd Avenue Setback Standards from Subarea 1
~~ecti¢n 9.3.3.31:
Since Subarea 1 does not include Vineyard Avenue, it would be
appropriate to delete the setback standards from the table in
the activ lty center to eliminate any confusion. f5ee Exhibit
..F",)
6. Chances to Subarea 2:
1. Clarification of the development district for the_
property lxated ai the end of San 3ernardino Froad.
As shown in Exhibit G-1, the property located at the end of
San Bernardino Road and at the north side does not show any
designated development district. Since the area east of the
site is designated as MR (Medium Residential), staff
recommends that the development district for this area should
also be MR.
~7
PLANNING COtM1I SSION STAFF REPORT
FOO THiLL BLVD, SPECIFIC PLAN AMENDMENT 90-01
March 14, 1990
Page 5
~.- diLio naiiy per•riceU USES
and ~developwent standards for~MR District in Subarea 2
(Section 9.5.2).
The proposed amendment is to add permitted and cond it tonally
permitted uses as we~~ as !.he d^,velop~T~ent i[a ndar~d< - Hk
Derei upmeni uisirici rn ine was rea Z as they are missing,
The uses and the standards are similar to the MR Development
District in Suha rea 3.
tV. ENVIRONMENTAL ASSESSMENT: The proposed amendment would not cause
any significant impacts t0 the environment, in that the prooo seA
rho"Oes fu riher clarify the existing goals and objectives of the
approved Foothill Boulevard Specific Plan that were considered in
the Final EIR for the Foothill Boulevard Specific Plan when it was
certified by the City Council on September 16, 1987,
RECOMMENDATION: Staff recommends the Planning Commission review
the proposed changes to the Foo th111 Bou a. eva rd Specific Plan. If
the Commission concurs with the proposed amendment, then adopt the
attached Resolution recommending approval of the proposed
amendment to the City Council.
Resp 1y 5u git ted,
/ >K//'ASP//l7
G Bra er
City P nner
BB:NF/j fs
Attachments; December 13, 7989 Planning Commission Staff Report
and Minutes
Exhibit "A" -Add Klusman House
Exhibit "B" -Realigned Red Hill Road
Exhibit "C-1" - Median Island
Exhi6lt "C-2" - Median Island
Exhibit "C-B" - Spacing of Trees within Activity Center
Exhibit "D" -Add Criteria to Specialty Retail
Exhi Ait nF" Add P.Da. Sto--
aty rea i4 Spec iai ty
Commercial District
Exhibit "F" -Delete Vineyard Avenue Setback Standards
Exhibit "G-1" - Development District for property at
end of San Bernardino Raad
Ez hf bit "G-2" - Add Uses and Standards of MR to Subarea
Resolution of Approval
7$
12--3-87 R~MIAtiiA~7 ~SS21+-/ ST~dF~
R~liC/ 3 %"IWUI+C~S
79
oni c: uec ender iu,
T0: Chairman anc
CITY OF RANCHO CUCAMONGA
STAFF REPORT
iym~
Menb ers of the Planning Commissior.
FROM: Brad Buller, City Planner
BY: Nancy Fong, Senior Planner
.,,
SU BJ ELT: CONSIDERATION OF I1D0I NG DRUG STCR ES Ala PHARMACIES AS A
N U N
D N LL N.
ABSTRACT: The propose of thfs report is For the Planning
mmission to review and disass the proposal as mentfoned
above. If the Commission concurs with the findings in the report,
then staff should be dlrxted to initiate and prepare an anendirent
to the Foothill 8au levard Specific Plan.
II. ANALYSIS:
A. "oackground: The developer of Thomas Ni nery Plaza located at
the northeast corner of Foothill and Vineyard Ave rue, recently
informed staff of a potential tenant, Gemmel Pharrnecy, who is
mfo.ec~erl in Innah inn ..t,h iw 1M.. YW IAi~. n .~.,_~
~~..~.~7 .., m. n.n ii ~i,uc~i
construction. (See Exhibit A.) However, a review of the
Specialty Commercial Olstrict in Subarea 2 of the Foothill
Boulevard Specific Plan shows that drugstores and pharmacies
are neither permitted or conditionally permitted. The
developer believes that Gemmel Pharmacy with their mixture of
retail goods and services would meet the intent of the
Specialty Commercial Di sir fc t. Attached 'for the Commission's
Review is a letter from Gemmel Pharmay explaining in detail
their business operation and special characteristics.
B. Intent of the S xtall Commercial District: According to the
0o a ever px c an, px atty Comaercial fs
intended to accommodate spxialty uses, which promote a
lardmari: quality or create a special aMience, which 15 unique
~., ,
pa,..ai~ar area. €os exaayle, specialty uses such as
farmers' markets, cafes, bakeries, gift shops, and other
spxialty theme or tented uses lend support to the
establishment of atheme-oriented activity center. There are
only three (3) areas designated for Specialty Commercial in
the Foothill Boulevard Spx iflc Plan; namely, 1) the Thomas
Winery Piaza at the northeast corner of Foothtli and Vineyard,
2) at the western end of the Ltty, and 3) at the lnterseetton
PLANNING CONNISSIO'' CTAFF REPORT
SPECIALTY COMMERC I. USE - GENM0. FfIARMACY
Dec ender 13, 1989
Page 2
of Archibald Avenue. Attached for your reference is the
wmmary table of permitted and conditionally permitted uses
far Cna to ifv fnmro rc ial 0{ctr ir.t.
C. Uniqueness of the Proposed Use (Gemmel Pharmacy): Gemmel
harms cy stores range in size 7rom~,3b6 square t:eet to 9,000
square feet. The prodlct/service wld includes a pharmacy
d~,.arL-lent, sales and rental of medical equipment and
~_pp'.?es, c'c"y, ^yift; aru' a swa founts in. A comparison of
the mix of uses clearly shows that it is different from other
major chain drug stores, wch as Thrifty, Sav-On, etc. ghat
sets Gemmel Pharmacy apart from the other national chain drug
stores is their small size and emphasis on gifts, as well as
the old fashioned soda fountain. [n fact, a look at the
retail usec as descrihed above show that ihGl+ world be
considered Specialty Retail and would be permitted uMer the
Specialty Commercial District, except for the pharmacy portion
of the business.
III. RECOMENOATION: Based on the above analysts, staff feels that the
a 1~3d~ wch lard uses to the Specialty Commnercial District
warrants consideration. If the Commission concurs, then staff
sha id be directed to In it late an ame rdnent to the Specific Plan.
Re;pes.t`fu l ly whmytyed,
Brad Buller
City Planner
BB: NF:sp
Attachments: Letter from Gemmel Pharmacy troop, Inc.
Summary Table of Land Uses in Footh111 Specific Plan
Exhibit "A" -Site Plan
~r
GEMMEL PHARMACY GROUP, INC.
1A3 NORTH EUCLID AVENUE ONTAglO. CAIIFOR NIA • A/O >1A 9eA-)t3]
WTYVQ ~w,q MpY'N.l u4Mi¢ 4TH IOFY N0.~C0. !YN Grv Mil M.aN Q:C1I.pnOA M.1• LGAY ``__ V 6 b%4l1
November 27, 1989
wM NOV 30198y
Mr. Brad Buller ~ii3~3fji ~. ~ ~ .~r
City Planner
!`iry of Aanrhn Cn nlI11V1N1a_
9720 Baseline Road
P. O. Box 807
Rancho Cucamonga, California 91729
RE: Thomas Winery Plaza
Dear Mr. Buller:
As requested by Nancy Fonq of your staff, included era some
of the unique features of Gemmel Pharmacy and ovr related
business:
Gemmel Pharmacy is a twelve store, family operated and
owned drug store chain. Wlth our headquarters located in
Ontario, and nine of our stores situated in San Bernardino
County, we era committed to the Inland Empire marketplace.
The typical Gemmel Pharmacy is six thousand to nine
thousand square feat in size. Gemmel's is a Farrell town°
~;.,a"~..,y yn uviuiny exceiianc, parsonauzaa servlce to its
customers. Besides the pharmacy department Gammel~s
provides extended service to local hospitals. In the
Rancho Cucamonga area we provide home medical equipment and
supplies to patients discharged from San Antonio Community
Hospital. This equipment includes wheelchairs, beds and
walking aids, a• wall as oxygen and respiratory items.
ndd!tiorelly, we prm~!d~ sxtena?.ve supplies and sar/'_oss to
ostomy patients and pediatric.
Gemmel~a i• known throughout Sen Bernardino County for
having one of the largest candy departaents of any store in
the county. Wa epacieliz• in imported enndy and call
locally made eendlas such as Russell Stover. We are also
going to add specialized open candy which will be sold by
t<,a pGiind.
our cosmetic department• are lieeneed to sell designer lino
cosmetics such as white shoulders, Shalimar, Chanel and
Nine Ricci. Such high-end cosmetics era usually sold in
department •toree.
Wa have a vary extensive gift department selling such high
8~-
Nr. Hrad Buller
November 27, 1989
Page 2
quality gifts as crystal, glees and porcelain items ae wall
as jewelry and personal toiletries. We also have a large
card display, providing a variety of name bland cards.
Additionally, we ors going tc cparate an "old fashione3"
soda Zouncain in cna new '1'hOID66 111nery `riazd etvYe. iisi5
soda fountain is to ba patterned after traditional drug
store fountains in design, selling a variety of old
fashioned drinks and ice creams.
Unlike our larger competitors, Gemmel Pharmacy does not
sell automotive supplies, home appliances, clothing,
gardening supplies, camping gear, tools and hardwares,
paint, furniture, sporting goods, or pet suppllee. We also
do not sell liquor, Wines Or beer.
Ovr operating hours are from 9:00 a.m. to 8:00 p.m. The
typical Gammal'e store employs around ten people.
Please do not hesitate to contact me if you Hoed any
further inlormation.
Sineeral~;
~1 _r /
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T
Harty sFan r
'
Executi Vice Pree eat
GemmeY Pharmacy 4'roup, Inc.
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85
~R7MARY TgBLE OF PEI :TTED <X) qND CONp ITIO1. _LY PERMITTED %O) U9E8
- Netul Craarciu ILa - 9iiara Dr
SC 6 o IR P 9Nw To
E (T O i1a1 SWa.a Thrw
2 Q m L1N A ~ tU 5iara Far
6 Af[ fR LI
Flarift 9wpf % % % I I % % I % % % 1
Fvnit,re Stern I S %% I f I %
HarE,wre Stern 1 % [ I %
Iloilo rd atnlxi~ sy.s and
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dnitoriai Serncn and slalpi)n [ % % 1 la
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Lbther 6aotls aM Luggage Ston z % z % % I % I
Li pmr stern o 0 0 0 0 0 0
Itessenger a,q fire Service I % % % { { % {e
mf;~, o,nc., ,nd rweial arcs stWi o f d% a 1 s i
Narsoaoer aiM Mpuim Stan I % % % % I % t I 1 I U
larseriec k (wrdan Supp1Y Ston
w. thin m<IofM era
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Office, Businns Aatliine aM Cppvts
Coaoanant Stan
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Pet SMps % 1 % % % % % Ie
PhotaWY 1 % I I % [ % Ia
Pecord ark T~ stern 2 7 % % I I z r I
Pntarntf ff,t danl:
al MiM antartunart and/m
serrlrq a alydglic ena
0' Inc,dential fsvirq of hf-
and wiM (wl tiqut a nXttail
I auge, hr, antartainY,t,
ar darcingl
cl Cafe liutatl to XI artf
Iinc~Winq atdoo fwtingl
dr Fxt Food, ,rifA drivrtlru
dteaut tries-thu
a o 0
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>~R(ARY TA13L.E OF PERMITSED (%) AND COND IT IONAL t.V PERMITTED t0f g
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SC ¢ 0 MII Subrx lhrs
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a[>wF a o c o 0 o c o
Cul tort! /IVtfrt E.t1E1H:
_) !odor q=llwy +.d rt +LLn ; 0 1 ; 0 1 ;
Ol Outdoor YL aOi0ib I O ) 0 ) 0 0
Oi xathewn O O 0 0 0 0 0 0
Thxtrs:
_~ mmr tn,at:a a c o c o o c a
41 Movie Nntw 0 0 0 0 0
- Office rM Ad.inirtrkiv. Ilw+f - SWrn Ow
SC CC 0 IR P SWrx Too
SC CC 0 fM SOrn TIrN
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Bufimn and pifice Srvicn f I l L T I f .
Intrir Oecrrtirg Firn ; I f ;; I l I l [
Mica!/Oanttl Office and 14Ik~f
NgIM Clinic.
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Wticin ale Optartrical 51:~ A f I i i I I 0 ; At
ftnltrt nd bnl Ekan Ofilcw 1 1 1 A l l ; 1 1 I A 1.
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tlLR71ARY TAfiLQ OF PEF TTm <X) AND C'[SNDITIOP LY PERPtITT® (O) Uf9G9
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a.:,, ,~ ~.<. ,,,.., ~ ~..,.~ ,....
AYES: COMMISSIONERS:
NOES: ISSiONERS:
ABSENT: C STONERS:
• + t r
DIRECTOR'S REPORTS
M. THE PROPOSAL TO
BLAKESLEY, CHITI EA, MCNI EL, TOLSTOY, MEINBERGER
NONE
NONE -carried
ISH DESIGN POLICIES
iTIONAL
...,.~..:,..~~...~, ,o~.,
Nancy Fong, Senior`Planner, presented the staff report.
Chairman M:Niel invited public comment, t there was none.
Commissioner 8l ak esley stated the modif ations made to the Resolution
appeared to address points raised in the dis ssion at the Novenber 29, 1989
meeting.
Motion: loved by Tolstoy, seconded by 8lakesle to adapt the Resolution
approving Design Polices requiring additional art tectural treatxnt and
alternative texture building materials for lndustria buildings within the
I ndi strial Specific Plan Area. Motion carried by the fo ing vote:
AYES: COMMISSIONERS: 8LAICESLEY, CHITIEA, MCNIFL, TOL~QY, NEINRERGER
IAES: COM.ISSIONERS: NDNE \`
ABSENT: COMMISSIONERS: NONE -carried
* w • M 1
Mo*.ion: Moved by Tolstoy, seconded by Chltiea, unanimously carried, to
continue the meeting bgond 11:00 P.M.
N. CONSIDERATION OF ADDING DRI1G STORES AND PHARMACIES IN THE SPECIALTY
Nancy Fong, Senior Planner, presented the staff report.
Commissioner Tolstoy felt the proposal from Gemael Pharmapr was appropriate
for the specialty caaaerclal category. He hapad there was soae way tp draft
language which would allow that type of an operetlon while excluding larger
drug stores.
Planning Commission Minutesg17- Oeceaber 13, 1989
~I
Coawtssioner Chitiea felt Geiwel Phariery would enhance the Thorns Vinery
center by providing a different aspect.
Commissioner Blakesley felt size limits might be used to preclude drag stores
which were not specialty coaxercial.
Commissioner Chitiea felt it would be goad to approach utilizing the winery
theme. She felt .hat mxTal tv t~r~~we~ ,,,n n..e,„~r tMr,~no ,nti~rw ne ....+,..
out. _•_ _-
Brad Buller, City Planner, felt confident staff could come up with appropriate
language and supported the Tdea that the use be cardlttonal.
12 was Ue unanimous consensus of the Planning Commission to direct staff to
study and prepare an amendment to the Foothill Boulevard Specific Plan to
allow some types of drug stares and pharnacies in the Specialty Commercial
District.
11:15 P.M. -Planning Commission Recessed
11:25 P.M. -Planning Commission Reconvened
K. PR~'b1MINNIY REVIEW OF RANCHO CUCAMONGA SPORTS COMPLEX
Joe Schultz~Comnunity Services Manager, introduced Michael Schafer, Grillas,
P1rc, Roster, ~ylves, 4940 Irvine Boulevard, Irvine; Bob Muting, RJM Design
Group, 27285 la's,, Ranbias, Mission WeJo; Dan Guerra, DerblSh, Guerra d
.. r.,, .,.-. ~.,~.,.~ r., .. ~.~~.
Cu camonga.~ He stated the Paris and Recreation~Commission had,requestedvthat
conpact parking spaces~tpaprise 35 percent of the pro3~t and that off-site
parking 6e shared with ih {urrourding industrial area.
Mr. Meeting discussed the sit lan and traffic circulation. He stated the
bailfields were being clustered tournament play with a control area at the
stadium which afforded vistbiii;y all the fields. He stated 4he stadium
would seat 3,500 people. He showed 11 panic area along Rochester by the
main entrente. He discussed the anima halter and additional parking along
Arrow.
Commissioner Chitiea asked if there would ~Ae bleacher seating for the
ballffelds. \
Mr. Muet;ng responded there wOUid be terraced 'leacher seating for
approximately 200 people at each Dallfield, with sldpes~rdtng each field
to allow for additional infornal seating.
Mr. Schafer, pro,lect architect, discussed the stadium archttecL~and access.
Planning Commission Minutes -18- Deceaber 13, 1989
90
~c~rBrTs q- tro~~K Cam.
9/
5.4.13
10340 Foothill
This residence is a two-story structure
with craftsman Overtones characterized by
the gable roof, large front po~c h, wood
.jai.... -~_
multi-Ilghtrwindows.c~ c~-~_ ~-_"-~ ~ ~~v
9.4.14
12737 Foothill
This residence is a Caiifornia bungalow
c haracterized by aloes-pitched gable roof,
large front porch, wood siding, multi-I fight
windows, and an arbor/portico leading to
the detached garage.
9.4.15
9494 Foothill
This California bungalow la characterized
by exposed rafters in the eaves, zmulti-
gabie roof, corner porch, multi-I fight
...........~ eua iw,riwn:an wood swung.
9.4.16
Foothill Buntlalows
These bungalows located at 9642, 9634,
9626 and 9618 Foothill Boulevard are re-
presentative of the California Bungalow
style with craftsmen Overtones. These
structures are cNracterized by large
covered porches, low-pitched gable roofs,
exposed erves and rafters, multi-light
windows and wood,
Section 5.4.17 Klusman House !southwest corner of Foothill
Boulevard and Vineyard Avenue, 884] Foothill Boulevard!. This
residence is a two-story structure and of Spanish Colonial
Revival style. IC is characterized by low-pitch hipped roof
with red the in an irregular pattern, polygonal tower, narrow
long windows, "S" shaped molding, and multi-pane windows.
~RA%K
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COMMUNITY DESIGN CONCEPT
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7.1.2
Access Control Program
Business contiguous to Foothill Boulevard '
currently realize no access restrictions.
In addition, existing fragmented parcel /
configurations promote a multiple of can-
nKiing access pvin.a n .:y: -
fic flow by causing increased side fric-•
lion. A recommended program of access
controls, consistent with current city
access palicies regulating access paint,
driveway cuts, and their location from on
reciprocal access agreements, and special
vehicular access controls, (such as right-
in, and right-out islands) is necessary due
to the following:
o Increased vehicular traffic capacity;
o Increased perception of safety;
o Reduced vehicular traffic conflict
points; and
o Reduced vehiclelpedestrian conflict
points.
i ~i
~~
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7.1.3
Red Hill Realwnment
Currently, Red Hill intersects Foathill
Boulevard at an awkward angle. Oue to
this existing configuration, Red Hill will
be realigned in order to promote an
-~.1 .~A •..~ds~tinn fn Foothill
Boulevard. ~ ~(((oyfi~i~tF.~7
Nip -- - age r• on thi< n~.+.
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CIRCULATION CONCEPT
9.3 STREETSCAPE DESIGN
8.3.1
Center Median Island
A 14 fool center median sFfali be provided
within Foothill Boulevard designed to
provide access control and a unifying
landscape statement. The median will
rEa~uee ,accE,vr 'TREE puNru:v
C~tiM1PE roYRi2E5~ A'T ~7f/E /7~E0/AN
NOSE i{R.E(,$ ; UNOE,COUNPEIJ /~//7T/A LoW
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AY /S O.G.
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TYPICAL MID BLCGx LOCATION
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GENERAL DESIGN GUIDE Lid
AND OEVEIOPMENT STANDAR
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9.1.2
Land Ux Definitbns
"Specialty Retail"- This use is typified as
sma s pll Rio s andboutiques which
specialize in limited product lines of
unique and novel designs and/or purposes.
Specialty Retail is defined as follows:
Anv retail business not listed
separately in Section 9.3.2, 9,5.2,
~,'.`; ant 9:9.2 which limits Its sates
to produtt Tines of singular purpose
or of unique and special design (i.e.,
cutlery shops, small houaehold or
personal appliances, kitchenware,
novelty gifts, etc.). Service
businesses are not specialty retail
use.
Limited to a business area of 3,000
square feet totally within an
enclosed bulldi ng.
use s type a as a service dining
facility with major portions of the floor
area and business operations being
devoted to the on-site preparation and
conwmption of food. Entertainment
activities should be limited to ancillary
wpport function which shell form a minor
part of the Floor area and business
operation. The serving of alcoholic
beverages shall be in conjunction with
restaurant usage and the evallab ii lty of
full listed menu items. The sale and
serving of alcoholic beverages shall cease
when wch menu items are rat available
to customers.
9.1.3
Master Plans
The intent of a master plan is to provide
for Integrated development at the earliest
possible time in the review process.
Through the master plan, there Is an
opportunity to coordinate the efforts of
single or multiple property ow Hers and
distau rage piecemeal strip commercial
development.
The following criteria Is intended io
apply to all projects and shwld not be
constrained to parcel lines or site
boundaries.
o A conceptual master plan may be
required by the City Planner when it
is evident that piecemeal development
will prevent or produce future
development of adjacent properties in
a manner not consistent with the
Intent of this Specific Plan.
A conceptual master plan shall be
wbmitted for the Pl annirtg Commis-
sion approval, together with env
development proposals and shall
address all other parcels as they
relate to the master plan.
A conceptual master plan shall
contain, as a minimum, the require-
ments as set forth in the City
Development Code Section 1720.030.
,I}DD CRKIiRiq- .K ~o~[coui~
~ °nff;ce and adn!ini st rat ive use anc illaFV to the.
specialty retail uses and should not exceed SOS of the
gross floor area in any integrated Specialty Commercial
Center or a master planned development. Through the
Conditional Use Permit process, the percentage of gross
floor area for office and administrative use may exceed
SOS subject to Commission's findings that the development
meets the intent of Specialty Retail, is a benefit to the
community, and furthers the goals of the Foothill DESIGN STANDARDS
Boulevard Specific Plan. AND LAND USE REGULATION
- j~d S/-A~~^/
f~N~B~t D -Aov c~err~e~~- ~o sp~a~y,6~,
Sibre Ole Subarw Tw ~ Subrw Thee Sbrea Fam
Rftail (:aaacial Ufe - SL CC 0 Mt D 9C LL 01111 SC a [0 LdH MB U fU CL A60 IN lI
aMi pr SMaf 2 } % ;
Hpprll:
+1 Bwki guts 2 7 I} X 1 ; I 1
bl 6emral X 1 X X %] % 1
anal lance Store and fleair 1 ; X % X
"
~
and
`~aiY stores ~ z I I% 11 1 I
auto Svvice Btatim 0 0 0 0 0 0 0 0
hrto Servin linciudirq aotr.rycln,
bolt, trailed. caanrsl:
U bale Ilitnancillary rgwr
Facil itiel 0 0 0
b: aeneals o a a o 0
cl Mina Aegair (does :wt
include wia egine lak,
w{{IR fnltll, ai111t1~~qg, bOdY
fork, uplrolstarY, etc.l 0 0 0 0 0
O) Coin-cq sashiny 0 0
e! Altawt:c aashlnq 0 0
{1 Puts and Supplin I % ; % X
Bakerin (retail m1y1 I I i% X; 1 X X X
BrM an0 BewtY BPS X I% ; X X % I I I i Ia
eee x Brek{,n o 0 0 B o 6 a o
Bi [Y<le 9bpf X I % % ; I 1 la
Bl,elaint aM FTatacaay Sernce 1 ; % ; t X ; 1
Bank, Gift, aM Statlmry Stan
iotiier loan adult rei ated wfriai] i l l i; 7 I ; i I ; i
Candy and Can{et3mYln S S I I ;; 1 X X la
r~<win! Edabhflwnts 1 C 2 1 ; 1
Ulna aM 6l asswre Stan X S X I 2 2 X za
Cori stwf free 6aln Lots
loaedtirp m a teapary bans) c f t %
[Xf.d,n a o 0 a o 0 0 o a s o a o
Cleanlrq rd Presinq Eftablishaanh 2 1 I I z[ c % X 1
faxktail kange IbY, louege, tavfenl
including rel atN entatairaant 0 0 0 0 0 0 0 0 0 0 0
[aarrrcial aecretim:
al Indoor usn such as boelinq
and billyds 0 0 0 0 0 0 0 0
01 atdaa ufe wen of terms
Yd b,ftetbw B a a o o a a B
Cm~alexnt cfnlities ~ H>~ltals n o n n o n n n 0 1 n n
Certain aM OrapwY ~aDf 1 1 % 2 } % 1
Oay Cre (%mters 0 0 0 0 0 0 0 0 0 0 D O
DNiuteeee and 4paclal tY Food
Store C} % 1 11 1 % I 6
a1RC IQOGp sa•Fr.
o PkmPMAuis wow oR D 0 ~
Wli 7 SAnfMGTY diiXYaSIL
E-ttN~6~7 ~
9.3.3.3 ~ '
Setbacks:
c~Center
Yard Building
Street Yard (measure from face of the
uiaima ae auto}:
1st Fir. 2nd Fir.
o Foothill Boulevard 25' S0' 45'
~~~
Rear Property Line:
o Adjacent to Existing or Planned
Residential Development 25' 15'
o P.djacent to Existing or Planned
Commercial Development 0' S'
Interior Side Property Line:
a Adjacent to Exlstlrg or Planned
Residential Development 25' 15'
o Adjacent to Existing or Planned
Commercial Development $' S'
labs/- ,MIS. 90-0 /
~'(hdrT ~ . ~~ ~~rsDs
SUB-AREA DESIGN STANDARDS
AND LAND USE REGULATION
- s 6l'6-AI
~~~ c c e a a m
n° c c a a a a ~
an«A cs~t- m `21
~~ c c w ~ 1l\
t~-,c-,t~ iso~
a y o o w~ y ~- -^--- ~
~~ ~ a A a ~ ! I I t ~ ~
A p ~
lyll f P y ~_ ~ I l d
O A O>~ O `/ I e I ~ /~~
O n r = r z= I, ~~ [\
> I
nci r r• ~ r ~,, I ~ i~i ! Q
a ~
O o - Y4qu~ •v~.
s c
r c
A
~ ~ /N~\!
~~"l~ s r G ~~ m \ /
:-:LJI~~ ~I°c ° ° e = ~
o00o i -~-1
s c y ~" ~ 9 n C vur~uu
«~_ C i> t nx ~~
i° i r a n ei o ~1/
~ o n c n~.~tt ~/1 2
O' a G A a~~~ '~/ 00
1 LJ ^ ~-
m ~ T coGm ~0
> ff c®
` A ~', p`b ®'c ~' D
I
U • J
c U ~ L!;
O o LL
C n~~ R~ ~n'I ' {'1 .r. ;
iI
a~
Z : HP.
~tJBI~i~A~ cZ
~.:.:
Permitted and CorrdRlonal Uses
Retell (:owmarclal Uses -
Land Use 5c cc (1 NMR
Antique Shops X
Apparel Stores:
aj Boutiques X X
_, __.._. ~. X X
Applisnce Storos and Repair X
Art, Music, Photographle Studios,
and Supply Store X X
Auto Service Statbn O O
Auto Service (Includlra3 motorcycles,
bests, troilvs and umpers:
a) Sales (with ancillary
repair hcilitNs) O
b) Rentals O
c) Miror Repai- (does not
Ineluh mayor argine work,
muffler shops, palntirg, body
work, upholsbry, etc.) 0
ar ~om-op wasnlraJ
e) Automatic Waahing
f) Parts and Supplies X
bakeries (retell only) X X
Barber and Beauty Shops X X X
Fes-P. A~+b 90-o i
~rNterl' ~i s
N~
MR
~S
Retell Caaasrrctai Uwe -Continued
Land Uw SC CC O MHR ~n ~
Bicycle Shops X X
Blueprint and Photo Copy Services X X
Bed 6 Breakfast O O
Book, Gift, and Stationary Stores X X X
~~
materlal)
Candy and Confectionaries X X
Caterlrg Establishments X
Cocktail lounge (bar, lounge, tavern)
Including related entertainment O 0 O
China and Glassware Stores X X
Christmas Trw/Pumpkin Sobs lots
Operated on a Temponry
Basis X
Churches 0 O O Q
Clwnlrp and Prasalrq Establislanents X X
Commercial Retrwtlon:
a) Indoor uws such w
Howllrg, billiards O O
b) Outdoor uses such es
tennis and basketball 0 O
Comalescant Facllitla and Hmplbls 0 O O
Curtain and Drapery Shope X X
Day Can Camara O O O Q
DelicatesNns and Specialty
Food ti Y
Ong Slorw and PhnaaclN X
Farman htarkata X
Floor Covarirg Shops X
SUB-AREA DESIGN STANDARDS
AND LAND USE REGULATION
Rmn ce~.rcul Uses - Continued
land Ufa SC CC O MHR~
Fiorlf! Shops X X X
Hardware Stores X
Health and Rthlalk Gyms and
Walght Raducirg Clinics X O
Hobby Shops X X
Ica Cream Stores and Soda Fountains X X
Janitorial Servleea and Supplies X
Jewelry Stores X X
Laundry (Self Sarvlee) X
Leather Goods and Luggage Stores X X
Liquor Stores O O
Messarger and Wlra Sarvleas X X
Music, dance, and martial arts studios O x
Newspaper and MegatlM Stonf X X X
Nunerles and Garden Supply Stores
Within Enclosed Aran X
Ofnce, Business Machine and
Compubr Component Stores X X
Paint, Glass, and Wlllipaper Stores X
Pat Shops X X
Ptotacopy (Xerox) X X
Record and Tap. Stops X X
Red1i Caararcial Maas - Continued
Land Use SC CC O MHR ~ A
Restaurants (sit down):
a) Wlth entertainment and/or
f1r u,vlnn nI a1~gMlln
beverages O O
b) Incidental servlrg of beer
and wim (without a
cocktail lounge, bar,
anterhlnment, or
a~r.a:i,yi
c) Cafe, Limited to 20 sots :i x v
(includllg outdoor saatlrg) X X X
d) Fast Faod (with drHe-thru) O
(WIt)aalt drHe-thru) O O
Shoo Stores, sale and repair X X
Specialty Ratall O O
Sportlrg Goods Storef:
a) Specialty; tlsekpaeklrg,
tennla, skling,mounbin-
eering, flahing, etc.) X X
b) General; encompnslrlg a
variety of sports
equlpnlent X
Suparnarkats X
Swimming Pool Servlns and Sala X
Tailor Shops X X
Television, Radio, VCR, Stereo and CD
CompoMnt Sales X
Toy Stores X X
Variety Dapartetant Story, Junbr
Dapartwant Story O X
VeNrinary (dol!lastk):
a) Non-0wrdltq X O
b) Bo.rolfq o
Watch and Clock Rapslr Storaa X X
Yardapa Caods Stores X
SUB-AREA DESIGN STANDARDS
AND LAND USE REGULATION
Entartahwnt and CulOtnl Uaaa -
Land Use SC CC O MMR R
Arcades O O
Cultural/Artist Exhlblb:
al indoor gaiiery n
b) Outdoor art exhibits X O
Dlscothaquas O O
Tlwfer.
tit Dinner tlratn 0 O
b) Mwle (multi-plex) O
Offid and Ad~inistrathr. Uaas -
4nd Up SC CC O MHR /M
AdminiaMatlva, Businps, and
Profaaalonal Ofnca X X X
Banks, nnanca saMeas and
Imtllutlons (without drhnt-thtu) X X X
(With drhrrthni) O O O
Buslnasa and Ofnea Servlcaa X X
IntKlOl WCOfatllxJ Firma X X X
Medical/DanLl Ofncaa and
RNatad INalth Cllnles X X
Optician and optamatrkal Shope X X
Rwllon and Rwl Eapb Ofncas X X X
Travel Aganclaa X X X
RealdaMNl Usas -
Land Use SC CC O MHR /qA
Single Family Detached - - - ~ -
Slm_le Family Attached fduDlex. - - - v
triplex, tourplex) ~-
Multi-family Dwellings: X x
1) Anclllar~Rgldences
a) Homecare hellities
(6 or IpO X x
b) On-site prNat~ ncrwtlon
hcllltles
X X
2) Accessory Uses
o aeeeswry stnletures X
o rom. xeupation X
l.S.3
aMa DavN t standards -
rea wo
9.5.3.1
General Provisions:
Site Development Sections 9.5.3.2 snd 1.3.3.3
elate to land develapelant
within tM actNity cantor only. Slh '
devNopnlent standards rNatinp to otlrr
land uw dlatrkts within Slbaraa Two
shell conform to t1M Clty of Ranero
Cucananga's DevNopewmt Coda and tM
standards listed in Saetbm f.3.3.a s~ !.l.3.S.
SUS-AREA DESIGN STANDARDS
AND tANO USE REGULATION
9.5.3.11
Site Dimensions and Heloht Limitations
Par way
Land Ux ~ /Q
Feature MHR O J1R/1
iiimmum uevewpaoie nrN tAC
Minimum Lot Siza 1AC
minimum Lot Ridth
Minimum Lot DepM
Haight Limitations:
a) Within 50' of street yard
,
20
i
20 '
b) Within 100 fast of a
Ref ldentlai Dlstrkt 2S'
e) OtMr Loeatlons 3S' qe~
~
d) Towers, campaniles, rotundas OS' 1S' (
'~7
Mezlmum Sib Coverage (net lot areal Red
Minimum On-51b Landscspirg (includes
articulated piazas, Irrdseape
areas, tur! areas, ca:rtysrda,
and pstlos) 1ST
Open Spaae ua lLtO~.
. ..~ ~s,
RESOLUTION N0. ~Q- I ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF FOOTHILL
SOUL EVARO SPEf.i FT r. PLAN AMENDMENT N0. 90_07 Rv ADDiN f.
PHARMACY USE IN THE SPECIALTY COMMERCIAL DISTRICT OF
SUBAREAS I, 2, ANO 3; CLARIFYING THE INTENT OF WORDINGS
IN SEYERRL AREAS OF THE SPECIFIC PLAN TE%T FOR
CONSISTENCY PURPOSES; CLARIFYING THE DEVELOPMENT D?STRICT
AND STANDARnS FDR THE AP,EA AT THE ENC OF SAN HERNAROINO
ROAD IN SUBAREA 2; AND MOD?FY!NG THE PLANT PALETTE FOR
THE FDOTH ILL BOULEVARD LANDSCAPE MEDIAN ISLAND.
A. Recitals.
(i) On December 13, 1989, the Planning Commission directed staff
to initiate Foothill Houleva rd Specific Plan Amendment No. 90-01 as described
in the title of this Resolution. Hereinafter in this Resolution, the sub,)ect
Amendment is referred to as "the application".
(i i) On March 14, 1990, the Planning Commiss ton of the City of
Rancho Cucamonga conducted a duly noticed public hearing and recommended
approval of the application to the City Council.
(iii) On April 18, 1990, the City Council conducted a duly noticed
pu hlic hearing and concluded said hearing on that date.
(iv) All legal prerequ isf tes to the adoption of this Resolution
F ~.~ .. ..............A
B. Resolution,
NON, THEREFORE, ft is hereby found, determined and resolved by the
City Council of the City of Rancho Cucamonga as follows:
1, This Council hereby spec iffcally finds that all of the facts set
forth in the Recitals, Part "A", of this Resolution are true and correct.
2, Based upon substantial evidence presented to this Council during
the above-referenced public hearing on April 18, 1990, including written and
oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
a) This ,mer.^ment does not ccnfl ict with the La r~3 Use PoliC iei
of the General Plan; and
b) This amendment promotes the goals and ob,)ectives of the Land
Use Eiement, and the Foothill Boulevard Specific Plan; and
c) This amendment would not be materially fn,~urtous or
detrimental to the adjacent properties and would not have a significant impact
on the environment nor the surroundfn9 properties.
CITY COUNCIL RESOLUTION N0.
FOOTHILL BOULEVARD SPECIFIC PLAN ANENONENT
April 18, 1990
Page 2
3. Based upon the su65 tantial evidence presorted to th i5 Council
do rinn tha ahnvn_re fa ro nr od nvh7ir 6sa .:..~ .•_ ---- --
_ ~;y.
facts set forth in paragraph 1 and 2 above, this' Counc ii--hereby finds and
tort iudes as follows:
a? ?hat the proposed amendment would rot have significant
impacts on the environment and/or the surrounding Droperties: and
6) That the proposed amendment is in canfo rmd nce with the
General Pldn.
4. This Council hereby finds that the proposed amendment has been
reviewed and considered in compliance with the California Environmental
Quality .Act of 1970 and, further, the City Council has certified an
Environmental Impact Report on the Foothill Boulevard Specific Ptan on
September 16, 1987.
5, Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Council hereby approves Foothill Boulevard Specific
Plan Amendment No. 90-01, as shown in the attached Exhibits A through G.
'I~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: April 18, 1990
rn. -
,. ••u~a~ uua iic iiivCfp UI ~lIC bl Ly WOnC II
`ROM: Brad Buller, City Planner
3Y: Rich ar•d Alcorn, Code En fu rcernent Supervisor
S'JBJ ECT; CONSIDERATION OF AN APPEAL OF NOTICE TO ABATE PUBLIC
NUIS NCES - 8493 ET IM NDA AVENUE - RPN: 229-OA1-11
RECOMMENUAT ION: It is recommended that the City Council deny the appeal
and sustain the Notice to Aba to issued 6y the Code Enforcement Uffic er.
BACKGROUND: In August 1989, Code Enforcement was requested to
investigate property maintenance violations in the Victoria Noods
Apartment protect located on Etiwa nda Avenue, south of Foothill
Boulevard. Citizen complaints received by both Engineering and Planning
Divisions reported that the local pedestrian trail along the north
boundary was blocked by overgrown vegetation and debris. An inspection
of the site confirmed a lack of maintenance of the trail area along the
northern orooerty hou nda ry. The lack of maintenance and blockage of the
trail constituted a hazard to pedestrians utilizing this area. In
addition, six flag pole structures were illegally installed along the
Etiwa nda Avenue frontage. The flag poles constituted a hazard due to
tneir illegal construction witnouc required permits or approvals, and
their proximity to the public right-of-way.
The trail area is located fully within the property boundaries of the
victoria Woods Apar anent project. The trail is a part of the original
development of the apartment complex, and is within a public access
easement. The easement provides a pedestrian connection between
Etiwa nda Avenue, a future trail, and a possible park site to 6e
constructed to the east of the project. The appellant claims that their
obligation for maintena nre of the trail area concluded six (6) months
after final approval of the project.
Acceptance of property for maintenance by the Lity does not occur
automatically. The trail area must meet specifications for public
improvements, and landscaping must he esta hushed. The area is Lhpn
offered to the City an6 accepted through a written agreement. ih is has
not been done. Consequently, the Engineering Division has not
considered this trail area for Cfty maintenance, and the area has never
been annexed into a CSty operated maintenance district. Unless this
occurs, maintenance of the area w{11 continue to be the sole
responsibility of the private property owner.
CITY COUNCIL STAFF REPORT
ORDER TO ABATE
April 18, 1990
Page 2
EFFORTS TO DATE: Code Enforcement first notified the property owner in
a telephone conversation October 2, 1999. The flags were removed
following this contact temporarily during the installation of a
permanent monument sign, but were replaced upon final approval of that
sign Dy the City. No response was mane wicn reyaru w ~ ~,
maintenance problem. Subsequent personal and telephone con tact~was made
with employees on-site and the owner's attorney, with no results. On
December ?, 1989, a Na rn ing Citation was mailed to the property owner,
6y certified mail, with no re 5ponse regarding the code violations.
Correspondence from the attorney for Pa tsc heck /Nackbarth failed to
address code viola Cions or to acknowledge their presence. (Copies of
the warning citation and the correspondence are attached).
On Fehruary 15, 1990, nuisance abatement proceedings were initiated.
Following notification to all involved parties by certified mail, a
hearing was conducted on Ma rrh 1, tgo0, Becky Deal, apar trnent manager,
represented the property owners at the hearing. Information provided
supported the determination that public nuisances existed on the
property which required abatement. A Notice to Abate was issued on
March 9, 1990, ordering specific methods of abatement to be completed
within ten (ID) days. The appeal of the order to abate suspended Code
Enforcement action pending a hearing by the City Council.
Since the issuance of the Nat ice to Aha te, the property owner has taken
some ar.tion to correct the nuisance violations. The above ground
portion of the flag pole structures have been removed, and
rehabilitation of the trail area and landscaping has hegun. Preliminary
contact has also been made by the appellants with the Enpineerino
uivision to include the trail area into a City Landscape Maintenance
Oistr is t. Completion of all work as required by the Notice to Aha to has
not occurred to date.
CONCLUSION: It is staff's opinion that conditions on the property
constitute a pu611c nuisance. At the Lime of the hearing, the nuisances
existed as described, and the methods of corrections ordered were the
minimum necessary to ensure complete abatement and prevent recurrence.
By sustaining the decision of the Code Enforcement Officer, the
continuation of the abatement process will ensure that this matter is
concluded in a complete and tf mely manner.
Res ec lly ~ it
/ I rod Bu
/ C nn
BB: A:mlg
At Lac hments: Notice and Na rn ing of Via la Lion
Notice of Nearing
Letter of ResV~~Se/Gary A. Da pelo
Notice to Abate
Exhibit "A" - Parcel Map
Exhibit "B" - Site Plan
~~~
Q CITY OF RANCHO CUCAMONGA
January 16, 1990
Fay PatGrha.-k
Victoria wnnd~ npgr .---,s
27285 Las Ralnblas M130
Mission Viejo, CA 92691
1=~I~~=.I-1=1
Pahl Olfia ave lOl, R,n<FV Namonp, Cdllmnk 9VM, 01319894331
SURJ ECT: 8493 ETIWANDA AVENUE/APN +8229-041-11
Dear Mr. Patscheck:
In prior telephone convereatione, notices given to your
employees, and a telephone conversation with your attorney, Oary
A. Dapelo, on January 5, 1990, you were requested to voluntarily
correct Municipal Code violations. Mr. Dapelo agreed to respond
in writing regarding this matter by January 9, 1990; however, no
response was received. An inspection of the property on Jenuery
15, 1990 shows these violations still exist:
A31 property, yards, and buildings shall be maintained in a man-
ner which does not detract from the appearance of the immediate
neighborhood. Continuous maintenance Se required. Landscaped
area along the north orooertV bounderV rlth overgrown. deed snd
decaying vegetation and similar conditions moat be corrected.
(RCMC Section 17.08.O70B) '
All signs or decorations which are not expressly permitted are
prohibited. The flags and light bulb strings erected at the
property are prohibited and removal ie required. (RCMC Section
14.16.020(
The use of flags Se permitted only in conjunetlon With sn mp-
proved residential eubdlvieion sales office, or s cosmerclel or
Indust ri el sales or lessing office. The use of the flags must
also conform to specific requirements. The flmgs Sn use •i your
location do not meet City requirements because an apartment rent-
al/leasing office is not permitted to have flags. Removal o! the
flags is required.
1
Violation of the Municipal Code Ss coneldared a misdemeanor of-
fense. Since the vio]ation has not yet been corrected, a Warning
Citation (attached) ie being Sesued. it compliance has not been
made by January 30, 1990, the City will have no tholes buC to
issue you a court appearance Citation.
C~.~,n,,,H„
Mqw, Willinm ( Akander Ch3rk3 ~. 9ugvq II C83 Akrmr
Iknnm L. 61mrt DeMrah N. Bmwn PSmlIS (. Wd~ht pak Ism, AICP
"~
Ray Pals check
January 16, 1990
Page Two
I erne vnn M rnntprt to d{pnnpp thin mattne Tf nn htvp an4
questions regarding this second Notice of Violation, Lhe ettaehed
Warning Citation, or the requirements of the Municipal Code,
please telephone me at (714) 989-1661.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNI Nj~~
Richard L. Al ro rn
Code Enforcement Officer
RLA:nae
Attachment: Notice and Warning of Violation No. 2303
cc: Gary A. Oapelo, Attorney
Good, Wildman, Negnees @ Walley
5000 Campus Drive
Newport Beach, CA 92660
'+W
NOTICE AND WARNING OF VIOL.,..IONIS)
OF CITY OF RANCHO CUCAMONCiA T
i
MUNICIPAL CODE
DEPARTMENT OF COMMUNITY DEVELOPMENT
Ray Patscheck R0. 2';113
Name Virinria Nnnds ~a rtments
Address IS49J LC1Ha n0a nVe. Kd n[nC GUComonpa _
Yourere herohv notilled that on or about December 7 ,[3, D9 ,
the lollowlnp aedloMS) of Iha Rancho Cucamoape Munlclpal Code
were lound In vblatlon:
1'.')U.977R- Prooerty Ptaintenan
~~r<.a along north property boundary. _
:1.1G.020- prohibited Signs• Flags and Liatrt
Unln strings. _
lA.!(.OGQ- llse of Fl apse Apartment rental/
l nosing office is not permitted Lo use flags.
'Conti need violation will result in a Conr~
Apnea ran[e Citation.
II the above vlolstloMa) of the Rancho Cupmonpa Munlclpal Ccde
ere not corrected wltmn 11 days, aolbn will ba laden In
Ixswn9 Oflicer R_ Alrnrn _Dau Ot ~l,.. F~~9D
Tale -DlleyIIfn rrpmnnt Dfrn Phone !Ta^lo~ no.,T;.1O{ncr_
WARNING: Any person nolrting any of tM prori+iom
or failing to comply with any of the mmdatory nquiro
moots of the Code sMll M guilty of a misdemearmr. Any
person ccnricted of • misdemamor under tha provislon+
of the Cade, shall M subject to a fine not to eeraaed lira
hundred doller+ (5500,001, or to imprisonment for • period
not to eased tia 161 monMa, or to both such fine arld
imprisonment.
(Sae Penelllu Sec. M.OR1aleM71 0l aM Rancho Cuumanpa
o s oa xn
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a z m M
s
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lr.]IZL! 0! FRJJt2teG 7O OaTBfAtIIIE 11¢ lXISLEIkE OP A PUBL20 NUISANCE
ANO ABAIL SN LmOCZ OR IN PART
Notice is hereby 91va~ that m tM 1K day of tftde, 1990, at rte lvwr of
11:00 r of sold dey, the Code Enforcment Officer of Y4 CSty of Par<ho
L1ram[ya or their duly auttnrized [eprinentatfve will hold a Pub11c Nearlrg
at PaaJn Caamtge city Hall, located at 9320 9ese Z,1ne INad, Rancho
GVCamorga, to aec ruin whetter certain n .. ~ ,
~~-.., ..,~oa+,w. acace or GSStomla, knan and des3ryated as`- --~~ --
Street Addrrs: 8,93 Ef2WAN0A AVENUE APN a]29-0{1-11
0.scriptlm: Para] located m the rorttert comer of Etiweetla A,mue
a`tl Arrav Route
constitutes a Public Nulsara subject to abstinent by tte atabilitattm of
such pz®ises or try the repair or d®]ltim of Wlldiroe or sttvctut~ or im-
pr0 BIClIt6 61tlNted LteilGT.
Arty prriees or wdltian tnera-st rdtic2i ace total, !n whole or Sn qrt, [o
cant3Nte a Public Nuimta to defStW Sn Sactioro 8.23.050 a1d 9.~3,06tl of
tte Pancle 0leuvga Mun!clgl Cale, must be (x~agrt3Y abated by the aMeT or
~.~: paxssia: of such p[~is®. !! cot pt2ptlY ahn[se, e:.-5 :x:1sa:,ces
rY .a orated by ®nloigl autharitiee etd the rehab111tat1m, tapir or
d®Iitlm MSIS be nmenaed up~ai auoh prmla® and nucli ayLe MSSS oa~tltvt!
a ]ten upm such laM mtil paid.
1M alleged violation amnlsi of He folloelrq:.
i, Substantial lark o[ meln2enar:a or rcglect pt property aloe th rorttem
pegertY txnndary by tin mcistanoe of aarprorcl, Osad mr daoglnp e~9eta-
t1m,
2. faml leader entice enidt an leperible or urawta D1ocYed W tagetatim
and lackLq proper rlntaWice.
3. Six !5) flay pole etructurr SlleOally 1roG1Iad oral cvrtitutinp a hamM
to pedaatriana.
Stae rands of atrtaaent available are:
1.. Rehab111tatim of fie laMaceplny aed cmtinued msinterarnc of laMetapl~
alaq the rorthm ptnperty hamduy,
2 ItiMbilicatim of trail/trail arm s-d cmtinuetl asintanarne to prevent
blorJw,gr and ovate cntdltim.
3. Renaval of aix (6) flp pole etmetutaa aed fowdatiov.
Al] gtavr tuvltp rY ab~actim to, or lnbtant Sn rid rtten, an lnnb/
rotlfled to attad said haarltp, tftwi ttrlr trtlmary e[d evidence N311 be
heaN atd gloat dr oonldentlm.
Hsrtrq Ottlar;. Rirltard e, Alcorn, Coda EnforcrRt Sl~ervieor
NOTICE 2S911m AW MAI[!D:
1TSS kith dry of AbauaN, 1990,./
Isauad By: ~~~
R1r1rN L. Altp9n ~~
Code Otlorc~aM Aprvlaor
crn or aAncalp a~lA
Puux2fa o2v2slayt370C nat7lcnetr
9380 Ma! LIIR IK91D
RAIpD ClkyMgpA, CaLIlORIU 91730
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GOOD. WILDMAN, FlEONE55 Rc WAI.I.EY
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fE .M )N a]]'OGJ]
r enruary ~), 1990
yIA FEDERAL 88PR888
Richard L. Alcorn
Code Enforcement Supervisor
City of Rancho Cucamonga
Planning Division/Code Enforcement
9320 Base Line Road
Rancho Cucamonga, California 91730
Re: 8493 Etiwanda Avenue, APN $229-041-11
Hearing to Date Nuisance March 1, 1990
Tame 11.00 a m
Dear Mr. Alcorn:
The purpose of this letter is to respond to a Notice of
~icuiiuy L~ ue cec mine cne txlscence ur Punllc Nuisance And Abate The
Nuisance In hhole or In Part which is scheduled for hearing on the
above-referenced date. Further, this letter is an attempt to
resolve those issues prior to any hearing on the matter due to a
serious conflict with both my calendar and the calendar of the
owners of the subject property which make it virtually impossible
for an authorized representative to attend the hearing presently
scheduled. However, the manager of the property, Ms. Rebecca Deal
will be available to attend should that need arise. Please notify
immediately upon receipt and review oL this correspondence whether
indeed such attendance is requested.
We will respond to each of the three alleged violations in the
order presented as follows:
Aiieyaiion No. i. Substantial lank of maintenance or neglect
cf property along the northern property boundary by the existence
of overgrown, dead or decaying vegetation.
Response: According to the conditions oP approval the problem
at the northern boundary is a result oL the cities tailure to
maintain the pedestrian walkway originally constructed for the
benefit of the community to the north at the sole cost of the
developers. Said conditions of approval required the developers
~~ 1
c~
Richard L. Alcorn
February 27, 1990
Page 2
to maintain the landscaping along the walkway for a period of six
months after the projects final approval. The final approval of
the project was November 28, 1988. Therefore our clients agree
that the nuisance should indeed be abated. However, the culpable
_rt1__ the 'may `t5elc Opr -iie- - wJ
° ` iie ui3 yreatiy
_r~____atn vnnr aaai stance in afiwt inn thn „~~_~_~~,,.
Allegation No. 2. Local feeder trails which are impassible
or unsafe blocked by vegetation and lacking proper maintenance.
Response: We would reincorporate by reference the facts raised
in response to violation number 1 as the same holds true with
regard to the local feeder trails.
Allegation No. 3. Six (6j flag pole structures illegally
installed and constituting a hazard to pedestrians.
Response: It is our client~a contention that the flag poles
create no hazard whatsoever to pedestrians and that no evidence of
such hazard exist because these flags era well maintained in the
area above the waterfalls fenced off from any pedestrian making it
virtually impossible far a pedestrian to be affected in any way by
the flags.
_ •.... •• •. ~ L • ~_a ~~-'~ `101 YV \,V~
wish to antagonize you any further, 1t is their position that you
have by bringing these unjustified and unsubstantiated claims
attempted to harass or otherwise personally confront our clients
without justification. The basis for our client contention in this
regard is that there were no citations issued, no prior written
warnings or notifications sent other khan telephone calla, cite
visitations by you or your represantativea wherein employees and
others were threatened with going to jail if they did not
immediately remove the offending signs without authorization form
their superior.
we trust that our response to this matter and the Sssues
raised will be investigated by you and the hearing will be taken
off calendar indefinitely.
Very truly yours,
D, WI , HE ESS 6 WALLEY
A. o
cAD/jmm
~~O
NOTICE TO AGATE
Notirr is hereby 9rven by the code Enforcement Cffice[ et the City
of Rancho G~canonga, or their duly auihorizetl represen [a Give, thaC
,.camoli3a Municipal wde Section 3.23.LSC:
YO L' ARE HER EBV NCT tPtED TO ABATE PAOM YOUR PROPERTY SITGATED IN
THE CITY OF RANCHC CVCA N,O NGd, STATE OF CALIFORNIA, KNOWN ANO
CAS IG HATED A5;
Sire rC Address: 9193 P.H wand. e.....__ .,.ri a2e y_JAI-11
Cescription Parcel located on She northeast corner of E(lwantle
Avenue and prr ow Rcute
where the owner is 1lstetl In the County of Sa r. Bernardino
Assesse r's,Tax records as:
2atscheck/Hackbarth. A General Pa r. nershin
21285 Las Rambles, Suite 110
Mission Viejo, CA 92fi91
the Public Nu Lence(al, aM utf lazing the NeNOd(e) of co: rectlon
am ou tllned In Rx11101t A of CAL Notice to AW b.
It said nnlsancee are not abated within ten (30) daya of the dace
this notice was Leued, the Cade EnPOrceaent Officer may order
said conditions abated by public employees, private contractor, or
of F.er ^e sons, an6 the cost at said abetment and all direct3y re-
lated investigative and adminSStratlve costs shall be b311ed
tlSrectly to the Droperty owner or levied and aeveased against the
proprrty as a special aeeeeement lien.
Any appeal Prom ChSe order must be In writing and hroug ht within
ten ;301 days of fhe date of this notice to the City Clerk, who
will set :he same far hearing before the City Council and notl!y
you of the dace of ouch hearing.
Fatlure to abate or to appeal with in the times allotted may also
make you sublac; to criminal and o1v31 remedies. Yoer cooperation
is appreciated.
NOTICE IS Sf1E0 AND MASLEO:
this 9th day of __ ~R~..____ __._-, 1930.
Issued 9y Richard L. Alcorn
Code Entorceme nt Supervisor
CITY Ot RANCHO CVCANONGA
PLANNING OIV2910N/0006 EN/ORCCMCN7
93]0 BA9E LINE ROAD
RANf.NO COC AMONGA, CALIPORNIA 91'!30
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CITY OF RANCHO CUCAMONGA ITEM.
PLANNING DIVISION \~ Tom' 'SIB ~ N
~d~ EXHISTf:~$r SCALE:
e
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE:
IV:
FROM:
BY:
SGBd EC7:
April 1B, 1990
~~iy i,uumii ana ~t cy manager
Russell H. Maguire, City Engineer
M "°J - ;corks ~- --
Release of Bonds and Notice of Completion
RECOMMENDATION:
?he reG!I;rad street improvements for Tract 12577 have been completed in
an acceptable manner, and it is recommended that City Council accept said
improvements, accept the Maintenance Guarantee Bond in the amount of
f17,900, authorize the City Engineer to file a Notice of Completion and
authorize the City Clerk to release the Faithful Performance Bond in the
amount mf 5119,000.
BACKGROBNB/ANALYSIS
Tract 12571 - located on Pilgrims Court at 19th Street.
UtvtLUYtN: Nmratc uevel opmeni
675 Foothill Boulevard b100
Claremont, CA 41711
Accept:
Release:
Maintenance Guarantee Bond (Street) S 17,900
Faithful Performance Bond (Street) 5179,000
Respectf rly submitted,
. ~ .-
RHM:SMG;dTw
Attachment
e~
`~
RESOLUTION N0. ~ Q - I ~a
A RESOLUT [ON OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
rUR IIU1C1 1Zh// ANU AUTMORIIlNG IHt h1L1nG Ur P, NVilbt ur
COMPLETION FOR THE WORK
UHE,°.EPS, the' ^•Lrati On ~c pUb1tC i.°I^rrOYe:fR.".t5 cpr Tr~~t t?~n h_Ye
been completed to the satisfaction of the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San 9ernardino County.
115
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE Aprii 18, 7996
Tn: Mayor and Members of the City Council
qV v... M?u% ^:ni~c.? vath.~i_u uC.. F,~. ,u_. enf llf Fircn
SL'6JECT: CODE ENFORCEMENT ACTIVITIES WI TtiIN THE 10X0 FLCCK OF
ASHFORD STREET
PACKGROnND: In response to specSfSc complaints, a neighborhood
inspection of the 10200 block of Ash.FOrd Street was made on April
2, 1990. Notices were left at the following si:c properties on
April 2, 1990.;
10208 Ashford
Resident was contacted and issued a written notice regarding an
overhead camper, truck shell camper, and other miscellaneous items
being stored in the front yard area. A reinspection is scheduled
£ur April 16, 1990. On April 7, Mr. Robbins later called our pf-
ii~.e ~u .i ,.i uy 'ius wu~ern wiiu veceiviny ii~e nu uce.
10220 Ashford
A written r,ctice was left on the front door regarding an inopera-
tive •/ehicle and other household items being stored in the
driveway, and general property maintenance. A reSnspection is
scheduled for April 16, 1990, The resident later called our of-
fice with concerns of the notice. She advised that the car in the
driveway was operable, and household items in the driveway were
there due to a fire at her house in Pomona. I advised her about
the reinspection date, however if she re eded more time to let us
know.
10253 Ashford
A written notice was left on the front door regardSng trash cans,
a car engine, and other items being stored in the front yard area.
Reinspection is scheduled for April 16, 1990. No contact has been
made.
~~ /
CITY CCUNCi. STAFF REPORT
Enforcement/10200 Black of Ashford
April 18, 1990
Page 7
10254 Ashford
Cuntar,t wws made and a written notice was left, with resident,
Donna Robledo, regarding the storage of an inoperative vehicle in
driVr'WaV area. She ind icaTcd aha would of nrm hc_r hncha_nA ...a
they would comply. A reira pection is scheduled for April 16,
X990.
20275 Ashford
A written noCicr was left on the front door regardi rg the storage
of a boat in the front yard area. Reinspection is scheduled for
April 16, 1990. No contact has been made.
10276 Ashford
nnnr a~;i was made wish resident, Clyde Metzger, regarding the
storage of a molcrhome in the franc yard area. He stated he
would relacate it to his backyard. On April 3, 1990, 1 noticed
the mnCnrhome had, in fact, been moved to the rear yard. No fur-
lhrr full aw up Ss required.
node Enforcement will continue to work with these residents for
compliance.
COfr F. RFr~nTRRMFNTS: The following Cade sections apply to the en-
furcement aotiun at the of oremenCioned properties:
.St r~rage cif inoperative vehicles and repair of vehicles is
prohibited unless within an enclosed garage or another area out
nF view. lRr,MC Section 17.OR.0100)
No trailer, semi-trailer, boat or partable recreaticnal equipment
strall be parked or stared wi ttrin tyre front yard, corner side yard
or side yard abutting a street. (RCMC 17.08.0700,9)
all property, yards, and buildings shall be maintained in a man-
ner wh i.ch daes oat detracC from the appearance of the immediate
n n,i _____ __ __
ne,nn nrnn nr.n,.no,. ,.r mom. ~r ...,~.. ,.e :~ _ :,...a ......
S ectiun 17.0R.070R)
1
CITY .^,CUhCIL STAFF REPORT
Enforcement/10200 Rlock Ashford
April 1R, 199C
Fage 3
Stnragr of items within exposed yard areas and driveways is
- _ ~~•w ^••~~=tea=a •~~ ~•~~~+==r .,h; ~•rc iYcm< must be stored
w~i lhin i?.r encioeed garage nr another area ouf of view. ;RCMC
Sectlw; 17.OR.;';?OR.3?
v=~ I~t ~+llv >~I lNd.
R d R~ Nr
Oi: anrer
RR:MAR ;.ns
Attachment: Exhibit "A" - Mr. Robbins' Letter
~~
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ae~i'. ~~r-ft-J o.1 fik.-e
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--- ------ CITF OF RANCHO CUCAMONGA ~~; .;
STAFF REPORT ~ma ~'
~;
<.1
DATE: April 18, 1990 ~
TQ Mayor and Members of the City Council
v~•i v3 Aa.~ .C~Tat1VP ~~ ~~
1 IJViTL LUa111G A. Uan , • ACCt~tt~.('J
S[JBJECC: Aati-Graffiti Ordinances and Reward Prp~ramc
At the request of the City Council staff has collected [he attached
legislation regarding graffiti and spray pain[.
The attached exhibit "A" is an ordinance from the City of Brea
authorizing the City Council to offer and to pay a reward for
information leading to the arrest and conviction of any person who
inscribes graffiti on public or private property. This ordinance is
identical to one that is in place in the City of Lakewood. There is not
a negairve financial burden on the City for the rewards since the
funds are paid by the convicted persons as part of [he court
sentence. Typically the rewazd amounts do not exceed $500 and are
U6JGU VII t114i VAWII• V\ Vull yuu.,4v •. ~ •~v ^CL:.:
:ugY ~ b.........
Exhibit "B" is an ordinance from the City Diamond Bar regulating the
sale and storage oC spray paint. This ordinance supplements the
existing penal Code section limiting the sale by adding containers of
Tess than six ounces, these small containers are excluded from the
Penal Code.
Exhibit "C" is the existing state law regarding graffiti, Penal Code
Section 594.
Finally, Exhibit "D" is a copy of Senate Bill 1977 which would
•'h° 'h° ~ spe...,.en ..Str'.ett^^ ,,, neia fnr nnP vnaT ni driyinoe
privileges for persons between 13V and T21 years of age.
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A P R- 1 1- 9 9 W E D 1 1 9 5 M A R K M A N a1 g R C 2 Y N S K I P 0 4 i 0 T
„
~ tx~~b~f ~„
OItDINAECS Ro.
A11 OADIE'ANCE Ot TEZ CITY COUIICIL 07 TEE CITX
nr neann.... raa •vrrnrrn era are •• •w sear n
07 TITLE 11 Of TEE LOS AEOiLxO CO011TY'COD16
PEAT.AIMINO TO TEE DALE ARD ETORAOE O7 11EROEOL
PAIET COIITAINERE •EIOEIEO EIZ (t1 OCRCEf OR
LSae.
A. ReoiLala.
(1) On January 16r 1990, the Hoard of Superviaora of
the county of Loa Angeles adopted its ordinance No. 90-0013,
thereby amending chapter 13.13, Part R of Title 13 of the Loa
Angeles county coda pertaining to the sa1• end storage of aerosol
paint cont~inerm weighing aix (6) ounoee or leas.
(ii) The City of Diamond Her heretofore adopted Title
13 et the Loe Angeles County coda and dsairea to amend said Tikl•
13 to ensure continued regular entoraement of requlRtioru
percalning co cne eaa• ana storage os aerows paint oonbainers
weighing aix (6) ounces or leas.
(111) All legal preraquiaitee prior to the adoption of
this Ordinanoe have occurred.
E. 4Ld~EfII4!•
The City Council of the City of Diamond Ear does ordain
as tollowet
~,"jzQg i~ The City counoil hereby epeoitiaally tinde
that all the tact^ ant forth in the Recitals, Part 11 0! this
Ordinance, are true snA Correct.
1
A P R- l i- 9 0 W E D 1 1: 0 T M g R K M R N u'~ Fl R C Z V N S K I P O '3 / 0 T
C Exh; b~ ~ ' $"
BLCTTOx at Chapter 13.12, Part 2, of 1'ltl• 11 of the
Los Angeles County Code le hereby amended by the addition of s
new Section 13.12.055 to read, in words and figures, as follows:
"13.12.055 Sale of aerosol paint containers
storage requirements.
"Any business or establishment offering for sale to
the pL61ic aerosol paint containers weighing ^ix (6)
ounces or less (net weight of contonte), shall keep,
store and maintain ouch containers in a place that la
locked And secure, or otherwise unavailable exeept by
epaoial request."
p~jQg ~~ Penalties.
It ehali Ire unlawful for any parson, firm, partnership
or corporation !o violate any provision or to tail to oomply with
any o! the raquirsmente o! the OrQinancs hereby adopted. Any
person, firm, partnarehip or corporation violating any DroYleion
of said Ordinance or failing to comply with any of its
requirements shall ba Qeamed guilty o! a miedemeanoY and, upon
conviction thoroof, shall be punished by a tins not exosodinq one
thousand dollars (51,000.00), or by imprisonment not exceeding
a!x months, or by both such tins and imprisonment. Eaoh suoh
psrsen, lira, partnsrzhlp ar aarwraLion aP.aii be de:aad a-a120v
of a separate offense for eaoh and every day or any portion
thereof Aurinq whioA any violation o! any of the provisions of
acid Ordinance is committed, continued, or psrmittad to aontlnue
133
La P R- 1 1- 9 0 W E D 1 1: 0 T M A R K M Q N a A A. C Z Y N S K I P_ 0 6 i 0 T
EXhcb~~ ' ~,,,
by such parson, firm, partnership or corporation and shall be
deemed punishable therefor as provided herein.
pECTION i~ Givil Remedies Available.
The violation of any of the provisions of the Ordinance
hereby adopted shall constitute a nuisance and may be abated by
the City through civil process by means of a restraining ordor,
preliminary or permanent injunction, or in any other manner
provided by law !or the abatement of each nuisance.
,aysxjQ~ A~ 8everability.
The City Council declaree'thnt, should any provision,
section, paragrnph, sentence or word of the Ordinsnce hereby
adopted ba rendered or deolareQ invalid by any tinal court action
in a court of competent jurisdiction or by reason of any
preemptive legislation, the resaininq provieiona, seotione,
peragraphe, eantenosa or words of said ordinance haraby edoptad
shall rsmaip in full force and •ffeat.
~),'jtQ$ ~e The city clerk shall oertity to Lhs
adoption of this ordinance and shall cauea the acme to be posted
in three (9) public plnaes wikhln tho City of Diasond Bar
purauagt to the provieionr of Resolution a9-e.
ADOPT&D AND APPROVED this day o! ,
iOGO.
ayor
13'~ 3
'1 ~
CRIMES AGAIINST PROPERT\' MALICIOUS MIS'
Pt. E Title f4
Railroads, de: ailing switch signboard requirements, violations, sec Public L'tihtics Code § ]60J Lion shall be mnswsl t
Trees and shrubs on count}' propert}', un;awful trimming or removal, sec Governmem Code a court to grant or den;
§ 2563 i. ronditions of probation.
.:•. a,i:.m ~~ ~.metcriu. sec Health and Safety Code 4 BI01.. The 1984 amendmem
.... ._..
I loR v r.v.. .........-n-n
§ 594. Vandalism; penalty I county jail not exceedi
(,) " t-, ~,~r~,r. 'rv::r, - i;i:,;:,ly ::; def~ee~ ..,:.,; „_(nr ,,. >.;.. ;her
liquidL(2) damages or (3) destroys any real or pcaonal proper[}' not his otcn, a an ... § ate„ ",,,,
m racrc nrbn.+,•~j~o .1.~^, [hOi:. SNi..ific.i o~ a.n.= low, » g~:::y ... '. at.unmm~^ BW3 and shins, cultin_
(b)(1) If the amount of defacement, damage or destruction is five thousand §§ 300 to 30z.
dollars ($S,000) or more, vandalism is punishable by imprisonment in the Desmration of Flag, see
Maliciously defined, see
state prison, or in a county jail not exceeding one year, nr by a fine of not Misdemeanor defined, s
more than ten thousand dollars ($10,000), or by both that fine and imprison M~a~, ~'r~ o °~~o~
nsent. pcrso.: as :rduding co,
(2) If the amount of defacement, damage or destruction is one thousand P~mshmeN for misdem
dollars ($1,000) or more but less than five thousand dollars (35,000), vanda6 Rml property defned, s
ism is punishable by imprisonment in the eeunty jail no[ exceeding one yea: , Motor vehicles, see Veh
or by a Fine of five thousand dollars (55,000), or by both that fine and Vessel, throwing or prof
imprisonment.
(3) If the amount of defacement, damage or destruction is less than one GIE[omu's dormant f
thousand dollars (51,000), vandalism is punishable by imprisonment in the [ion 1200(6) of the evi
Santa Clara E.Rev. I57.
county jail for not more than six months, or by a fine of not more than one
thousand dollars (51,000), or by both that fine and imprisonment.
(Enacted 1872, Amended by Stals.1974, c. 582, p. 1403, § 1; Stats.1977, c. 165, p. 64?. Malicious Mischief
§ B, urgency, eff. June 2, 1977, operative 7uly 1, 1977; Stats.1979, c. 200, p. 445. § I. CJS. Malicious or
~ni s i ~ Damage to Property
stars. rYnq t., t+i, W i+v , i J, m..,.......... ....., a ., ...__._.._. _
Hlatodazl Nate
The 1974 amendment designated original don Ie5_<than f1,000, rated the fine from SEC('. See WFSI'LAW Elear
paragraph as subd. "(a)"; subsbluted "vandah to 51,000; and added subd. (b)(3) [deleted ar.
ism' for "misdemeanor" in subd. (a): and add 1982]. Do~tmlq, ProWrly
ed subds. (b), (c) (now subds. (6)(2) and Former subds. (a) and (b) of the 4 `~~ ° CourmesEOn with olhe
(6)(311. were transferred to this action by Stars i9i"•, gey~ ~d puWahm,
The 7977 amendmem substituted in subd. c 200 as subd. (61(71. guEEMeory of eWdersce
(b)(2) ~mprisonmenl in the state prison "not to The 1982 amendmanl deleted a former subd
exceed one year and one day" for "not mare (b)fJ) which read;
than one year"; inserted in subd. (b)(2) and (c) ~~ J) A court shall re air: as a condnlon o! L Couameuoo wdth o
[now subd. (b)(3)) the ohrau "such Kne and probation for any Peron guilty of vandalism. Damage to smtrown
imprisonment'; and added the phrase "or by' except in any case in which the court makes a ulcer located in a prise
in subd; (c) [now subd. (61(3)1 following 'six finding and states on the record its rmsons au woWd be puniilubl
momhs'• that such condition would be inappropnaw, Eeme of malicious misc
The 1979 amendment substituted, in subd. that such person wash, palm, repair or replace alfense of degro 'n or
)7 e
(al. "(^ defaces with [saint or any other liquid, the defaced. damaged or dextroyed property. rutMn § 4lpp. People v
... ... ... .. .....:__....__ .. __,.. ___.:......._ ... ,~.. arnvat, s -....Rr•S. iii. le C.A.3d
mar suWs. (b)(1) and (bH2) as subd. (b)(D owner. If restitution is found to be inapPro = g°Y of aWG
lnow sulxl. (b)(2)), and redesignated former priate, lbe court shell require as a condition of
suMl, (c) as (h)(2) (now subd. (61(11]; then, in probation, except in any eau in which ~h< Evidence tMt, Inca
subd. (b)(q (now subd. (b)(2)], substituted "de court makes a finding and states on the record thrown at Ina[ Ove cim
facemen6 damage" for "injury'; increased the its reasons that such condition would be map tnry,,p~er _wd~nd~osva of a 6.
(Ines from 1500 end 51,000 to f5,000 (or de- propriate, that the defendant performs spr<" S,• IutarupteJ by the bar .
stru<tion of more than SLOW and it destrve- tied community service. Nothing in this ue ~^ Pwtd Implied finding
396 r,
135
>~~ ~
115T PROPERTY
r.
Utilities Code g 7gpy
see G.wemment Cade
:int or any other
perry not his own,
illy of vandalism,
~n is Hve thousand
~risonment in Gsa
r by a Hne of not
tie and imprison.
-. is one thousand
(fSrIX)D), vanda4
..gceeding one year,
ot}t the: Hne and
n is less than one
prisonment in the
tot more than one
vuumus.
i 1977, c. 165, p. 612,
., c. 2170, p. 445, § 1;
x)985, c. 781, § IJ
.feed the fine from 1500
-tibd. (b)(3) Ideletcd In
:nd (b) of the 4 591.3
s section by SUn.1919.
deleted a former mbd
quire as a conditlon of
an guilty of vandalism.
which the court trutss
ro...enrd iu ."'""
,rould lie inappropdpe•
paln4 reppr ar replara
a desuoyed Prey
tution to the proppty
is fautld to ba iruppr>
e9uire as a raitdltion of
my cue in xddch to
and sates on the raotd
otsdillon v.add be trap
ems sp^d'
~Nothln~g in tMs sap
txl~~6~~ " (~ ,
y1AL1CI0US MISCHIEF
Title i4
::on shall be construed to limit the authority of
. court to grant or deny probation or provide
ondrtions of probstionf
The 1984 amendment substituted, in snbda
non '9s,.---_____.:
v .................
.pe It inow su',.:. (I: •'•• .. ..._
,nunly tail not exceeding one year, or ny a
§ 594
fine" for "imprisonment in the state prison not
to exceed one year and one day, a fine".
The 1985 amendment added a vew subd.
(b)(1); redesignated former subds. (b)(1) and
(b)(2) az subds. (b)(2) and (b)(3): inxrted'bui
ieu man 'ivc mvu~eu.. ~ --
subd. (b)(2); and meat ,,..._____:...-
changes.
Cross Reference
lrson. see § 450 et seq.
floats 44 r3~ipos,~2tting, brcakirg, sinking or setting adrift. sec Harbors and Navigation Cale
Desceration of Flag. see Military and Veterans CWe § 614.
y{~;;~;aas!y defined, see 4 7.
shsdcmeanor defined, s« 4 17.
Slisdemeanor violation of this section while committing act relative to threatening crime victim,
witness or informant, punishment. see 4 140.
Pcrsnn as including corporation, sa 4 7.
Personal property defined, s« § %.
Punishment far misdemeanor, see 44 i9, 19a.
goal p: operty defined, sa 4 7.
11mor vehicles, see Vehicle Code § 10853.
t <ssel. throwing or projening object at, see Harbors and Navigation Code 4 654.5.
Lw ReWew Commentarlu
Californiis dormant hearsay exception: Sec Compwing o determinau scr.:cncc: Nett
eon 1200(6) of the evid<n« code, (1983) 23 mom hits the coutts. (1976) 51 5. Bar 1. 604.
5ama Clam LRev., 157.
Mabcicus Mixhief bl.
CJ.S. Malicious or Criminal Mixhief
Damage to Properly 4 2 et seq.
Ilhrarv Reference
Family law Practice, Goddard, § I6g1.
or
WESTIAW Eieclronic Research
Sec WESTIAW EI«tronic Research Gwde following the Preface.
Nolen of Deciporu
fommuWty property /
Canstericlloo MW other proWblDoru 1
Senten« and puysbmml 3
5urfidmry of eWdmu 1
Corulrocllon with odw proWblROw
Damage to psteovmed furniture or equip-
ment located in a prison nxh as a television
a vwriv`,:ble a mi~.:..w.^z: ^f
tense of malicious mischief but not u felony
o(fenx of destroying or dama®ng prison itself
under 44600. People v. Upchurch (1978) 143
CaLRplr. 113, 76 C.AJd 721.
gaged in malicious mischief at the time of
incident in which decedent was (ataliy shot by
the bar ownec. Pmple s. Wild (1916) 131
CaLRplr. 71J, oo C.A.3d 829.
1. Seeunce and puWallmmt
Anyone, adult or minor, who violated this
section gnvemmenl malicious mixhlef could
not be inuvicemted for more than six months
if such was only charge pending before the
.. ~.... r. , 70) , a r_I npo-
197, 96 C.A.3d 690.
1. CnmmtWty ProPariY
2. BuRteJmey of avWmee
8viden« tha4 Inter olio, decedent had
thrown u leap flue Nttdet' blocks throtrgh the
upper windows of a beer bar before he wu
interrupted by the bar owner ai(fidently sup-
ponnl implied flMing that decedent tyros an-
t
Defendant s tossing liner bottle through rear
window of automobile that wen community
property mnpituted crime of vmdalism. m
defendant d)d not have exclusive ormenhip of
autoirmbiiq but shared ownership Hghb with
hwband. People v. Kahmic (App. 3 DIp.1987)
211 GLRptr. R2, t96 C.A.3d 461.
97
Ill
,,.
13~
,,~„
~Xti~~~,L
§ 594.1 CRIMES AGAINST PROPERTY
~. t
$ ,Yq.l. Aeroaoi wmawwe u~ puu..
(a) It shall be unlawful for any person, firm, or corporation, except a
parent or legal guardian, to sell or give or in any way furnish to another
person, who is in fact under the age of 18 years, any aerosol container of
Hain[ larder [[tan six ounces (uei weigh: ar - - cots) !ha! is capnhle ^_E
defacing property without first obtaining bona Eide evidence of majority acct
identity.
For purposes of this subdivision, "bona fide evidence of majority and
identity" is any document evidencing the age and identity of an individual
which has been issued by a federal, state, or local governmental entity, and
inductees, but is uoi limited :o, :. motor vehicle operators license, a registra~
rion certificate issued under the federal Selective Service Act, or an tdeaufica-
[ion card issued to a member of the armed forces.
(b) It shall be unlawful for any person under [he age of IS years to
purchase an aerosol container of paint larger than six ounces (net weight of
contents) that is capable of defacing property.
(c) Every retailer selling or offering for sale in this state aerosol container=
of paint capable of defaring property shall post in a conspicuous place a sign
in letters at least threeeighths of an inch high stating: "Any person who
maliciotuly defaces real or personal property with pair.[ is guilty of vandalism
which is punishable by a fine, imprisonment, or both:'
(d) It is unlawful for any person to carry on his or her person and in plain
view [o the public an aerosol comainn of pniu::0, 6... flint - == !^°'
weight of contents) while in any posted public facility, park, playground,
swimming pool, beach or recreational area, other than a highway, street, alley
or way, unless he or she has first received valid authorization from the
governmental entity which has jurisdiction over the public area.
As used to this subdivision "posted" means a sign placed in a reasonable
loration or locations stating it is a misdemeanor to possess a spray can of
paint larger than six ounces in such public facility, park, playground, swim-
ming pool, bwch or recreational arra without valid authorization.
(e) It is unlawful for any persca under the age of 18 years to possess an
aerosol container of paint larger than six ounces (net weight of contents) for
the purpose of defacing property while on any public highway, street, alley, or
way, or other public place, regardless of whether that perwn is or is not in
arnemobilq vehicle. or other conveyance.
(f) Violation of any provision of this section is a misdemeanor.
(Added by Stats.1981, c. 1125, p. 4404, § 1.)
Hlnarlr.l Note
Section 2 of Smul9gl, c. 1125, p. 4105, [ions relating ro sales and poaseadan of eerowl
provideu eonUfnm of pain[ larger then sin ounces (net
7t h the Intent of the I.eeLlaturc In enacdng weight of mmm~4)."
[hies act [o preempt all loca gnvernment regulr
398
i
ryIAI,ICIOUS MISCI
Title 14
§ 594.3. Vandalic
at tmai
on tae
(a) Anv person w_
synagogue, building
rion, :+. Ju`.Lr p!ax
services are reguiari
meat in the state
exceeding one yeaz.
(b) Any person w
synagogue, building
rion, or other plaz
services are regular
reason of the race, .
group of individual.
ing and deterring •
guilty of a felony p
(Added by Suts.19H1,
Stats.1983, c. 726, g 1
7be 1981 amendmm[
Sr:cHOn 2 of SuLL19g
'fhe le8ialature here
the Eollowrng:
•r.t T.... A.. Iwn
the number of inddmt
daliam b religlow imt
eNdena indiwtea tha'
mouvated try racial m
"(h) In many wen t
have been commined fo
dating person and date
nerciang their rel{gim
§ 594.5.
Nothing in this
prohibit the adopti
such orditlimrx n
Iigtdd substances
(Added by Smta197
The 1979 tmundmec
(a) and (b) rcknng to
hY paint or other Ihlt
Family taw Ramp
~~ ~ .
~xti,b~~ c ,
osol
(net
§ 594.5
fyf.4LICI0US MISCIIIF.F
Title 14
~ 594.3. Vandallam; church, synagogue, butldht6 of religious education-
al Inatltullon or other place of worship; psudehment if based
__ -.....a ,,..ollotnua oreWdice
(a) Any person who knowdngly commits any act of vandalism to a churen,
synagogue, building owned and occupied by a religious educational institu-
tion, or other place primazily used as a place of worship where religious
ce a_ re re_aulazly conducted is guilty of a crime punishable by imprisom
went ir. the state prison or by imprisonmem iu c:... _-- ~°• °°-
exceeding one year.
(b) Any person who knowingly commits any' act of vandalism to a church,
synagogue, building owned and occupied by a religious educational institu-
tion, or other place primarily tssed as a place of worship where religious
services are rrgulazly conducted, which is shown. to have been committed by
reason of the race, color, religion, or national origin of another individual or
group of individuals and to have been committed fur ~ c purpose of inCtmidat-
ing and deterring persons from freely exercising their religious beliefs, is
guilty of a felony punishable by impdsunme yt f t7uly 9e 981onAmended b}
3tadts 983 c~726,94 t1,). 211, P• 1132, § 6
Itmorld Nole
'fhe 1983 amendment added mbd. (b).
Section 2 of Suu.l9g3, c. 7i6, provides:
The Legislature hereby finds and dw:aros
the following:
'(a) There has been an alatmfne increax in
the number of incidents involving acts of van-
and available
evidence"i~diwies Umt thexracis are open
motivated by racial and religious Prejudice.
'(b) An many cases these am of vandalism
have been wmmitied for the purpose of imimi~
dating persons and deterringg them from .reely
exercising their religious beliefs.
"(c) Freedom to exercise one i personal reh~
gious belief is fundamental to our sxiety and
guarataced 6y the United States Constimnon,
and prolcction of tRSS ngmiicani Fh.t Arwr.d
ment right is a primary responsibility of the
Legislature and the State of California.
^!d1 Theu racially motivated ads of vanda4
ism should be viewed more senouvy u, .L.
context of law enforcement when they threaten
and intimidate the frre exercise of relig,ous
beliefs which is n (undamental consmm~ona!
righ~"
594,$, Ortflnaoce regulelfng aerowl aontelnere
Nothing in this code shall invalidate an ordinance of, nor be construed to
prohibit the adoption of an ordinance by, a city, city and county, or county, if
such ordinance regulates the sale of aerosol containers of paint or other
liquid substances capable of defacing property. 445 § 2 )
(Added by Stats.l974, c. 340, p. 671, 4 2. Amended by Stats.1979, c. 200. p.
Nlamrld Note
atlOn: i AeL,.
The 1979 amendment delaed ionnet e~ht.=• 'c'_rovisions•to e4 590.; and retained Former
(a) and (b) relating to ddamment of property ed p
by paint or othtt liquid and ceatimtion as a subd. (c) as the present 4 394.5.
Library tlefercntea
Fsmily law Pndlce, Goddard, 4 1681.
399
^.
E. 13~
EY {1~ 1Yl l A ~j\~ 11
.4 11f1fIf•ffflf<f##1leffe!•eff llf RfxfiRRxx#######RR#+#*+L~~, il#T i1*IR#R«R a##4f#
f 1LE4I •T ECH GILL TEXT REb•ORT 04/06/90 R
•.'•ff'•>.f..f.flfffflfffflf##ff}ff xfRR#fRf##1R##fifi«#if###fR#11f####1f *f if ff if if+*
58 1977 PAGE 1
1 AMENDED IN SENATE APRIL 5, 1990
2
3 AMENDED IN SENATE MARCH 2.1, 1990
4 ~ - «4t.. _.,a o,.:. r., ..^ t!'nauthnrcv
7 rn ri uuu~c~ ~ ... .. _'- -
6 Assembly Mem~ers Clut e, Eaves,^and N11)
7 February 13, 1990
E
9 An act to add Section 13202.6 to rile Vehicle Code, relating to drivers'
10 licenses.
it
+~ rEGTS LATIVE COUNSEL'S DIGEST
13
i4 58 191^, as amended, Kopp. Drivers' licenses: suspension: vandalism.
15 <1) E;:is ring law requires a court to suspend, restrict, or delay for
'6 one year the 3rivina privileg9e of persona under age 2i but 13 yearn of
17 age or older convicted of offenses relating to alcohol or controlled
1R substances.
19 This bill would, ON A 1ST OFFENSE, AUTHORIZE, AND ON SUCCESSIVE
20 OFFENSES rzquir z, a court to suspend, restrict, or delay Eor one year the
21 '-'•••° pr:v liege of persons 13 yews of age oc older w c~mmi*.
22 vandalism by defacing property with paint or any other liquid. The bill
23 would permit the period of suspension or delayy to be reduced by the
24 p•~r fo rmance of s eciEled community service. By imposing thie requirement
^5 on the court, and requiring the court to report those cases to the
2ti Da_partment of Motor Vehicles, thz 6111 would impose a stste-mand area
27 local program.
~e (2> The Calit ornia Conatlt u tion requlree the state to relmbucsz local
29 agencies and school districts for certain coats mandated by the state.
30 Statutory Provisions estah lish procedures for making that reimbursement.
31 This bill would provide that no reimbursement is required by this act
3C for a specified reason.
33 Vol•r. majo r.t y. App rc,p ria t; or.: no. Fiscal ccmmittc e: yoc.
3•i State-mandated local program: yea.
35
3F
^o ml. ,, .. .,tom ..c .t.~ cR,f~ .,r r,tlF... n(a do cnsnt as Fnl)nwa:
3R ~ •
3~ SECTION 1. Szc tion 13202.6 is added to the Vehicle Code, to road:
4~ 13202.6, ta) (1) Fur each con vlction of a person Eor any oEfonse
47. specified :n subdivision (d ), committed while the person was 13 years of
4.^. aye or older, the court[ shalll MAY suspend the person's driving
4.3 pa vilegz for one year. If the person convicted does not yet have the
44 priv ilcye to drive, the court[ shall] MAY order the department to delay
45 asu~ng [he privilege to drive for, ann. year subsequent to the time the
4E pzrsor. becomes legally eligible to drive. However, if there is no
47 further conviction Eor any offense apeciEied !n subdivision (d) in a
4B 12-m onrh period after the convlc Lion, the court, upon pztition of. the
49 parson af. fected, may modify the order imposing the delay of the
50 priv liege. For each successive oEEe rise, the court shall suspend the
DELETED MATERIAL IS IN BRACKETS Cl. ADDED MATERIAL IS CAPITALIZED.
f#If iR4*ff##4*##Rf#1f##*#1111 R4##Rf#x#R####R*4#RR#1R4«R1#4
RfLEGI ±TEC H~BIL 1.fTEXT REPORT 04/06/90 +
fr..If.+r........4•...I..,.:.f..f f4f,4*4fIR**+####a RR 114111f+f+f 11f1RRfRrRIf 1f ««
co •no~ PAGF.
1 person': driving privilege for those poeaesaing a 1l cerise or delay the
^ eligibility f.or those not an possession of a license at the time of their
3 con vlction Enr one addf tional year.
4 (^) Any person whose driving priv liege is suspended of delayed for an
S act lnvol wing vandalism in violation of Section 594 of the Penal Code,
6 may elect to reduce the period of suepenalon or delay imposed by
7 the court by performing community service under [he supervision of the
A probation department, The period of suepenalon or delay ordered under
9 paragraph (1) shall be reduced aC the rate of one day for each hour of
10 communlt~ secure performed, For ppurposes of thie paragraph, "community
11 asrvlce' means cleaning up gra Ef itl from any public property, including
12 public. transit vehicles.
Y.', (3I Aa used in this aectio n, the term ^conviction" includes the
14 findings Sn {uvenlle proceedfngs specified In Section 13105.
15 (b) (1) Whenever the court -uspends drivingg privileges pursuant to 2Q
15 subdiv isfon (a ), the court in which the convfeti on is had shall require I
7., all dr:vere' Licenses held by the person to be surrendered Co fh r, rnu: `.,
1^ The :.~u rt shal ;., within 7.0 day : following the convtc tfo n, tranzm it a
1 ~5~1191fi "T "
2's ' ( Y
24 [ (c) After a court has Sasued an order suspending or delaying dci ving i
25 [1 C privileges pursuant to subdivision (a), the court, upon 7
26 [petition of the person affected, rosy issue a waiver of the requirements ]
7 [o f. this section• to a person denied a license pursuant to it if. the ]
28 [department determines that a personal or Family hardship exis is that 7
29 !requires the person to obtain a driver's license Eor his or her own, or '.
30 Ia member of. his or her family's, employment or medically related 7
31 [ urposes. The request for [he waiver shall be submitted on s standard 7
32 [form developed, approved, and made available b the deppartment. The 7
33 !dePsrtment shall obtain recommendations from the 7udSc1a1 Council of 7
34 [C alSfornSa regarding the development and implementation of a standard 7
35 [form. 7
se (c) WHEN THE COURT IS CONSIDERING SUSPENDING OR DELAYING DRIVING
37 PRIVILEGES PURSUANT TO SUEDIVIS ION (A ), THE COURT SHAC.L CONSIDER IF A
38 PERSONAL OR FAMILY HARDSHIP EXISTS THAT REQUIRES THE PERSON TO HAVE A
39 GR7V£R'8 L7C EN8E FOR HIS OR HER OWN OR A MEMBER OF HIS OR HER FAMILY'^,
40 EMPLOYMENT OR MEDICALLY' RELATED PIIRPOSEB.
41 (dl This section applies to vimlations involving vandalism in
4t viola tf on of Section 594 of the Penal Code by deEacinn nrn ne rr.. cr(rh
43 poi r.t or any other liquid. - '
44 (e) The suspension, restriction, or delay of driving privilege:
45 pursuant to this section shall be in addiCion to any penalty imposed upon
46 cor.vic lion of any violation sper_iEied in subdivision (d).
47 SEC. 2. No reimbursement is required by this act pursuant to Secticn 5
48 of Article XIIIB of the Constitution because counties will receiv ;+
49 funding ucder the Brown-Presley Trial Court Funding Act (Chapter 13
50 (ccmmenc:ne with Section 77000) of Title a of the Government Code> in
•f,.ffl11#1111Off*#1f}#f*1f f111k***11f *1*#}#if*f **t1f #1111111 lff lit
+1LEGi ~T EC.HfBii.I, TEXT REPGRT 04/C0; 00
4f 1f*tlf if#1fff111f 111111111!!#1:If 1f***1f111f1*1f##1f**11f 411!*1*f *fhtf if *1f11R#
~.
SB 1977 PAG£ 3
1 lieu of. that reimbursement. Notwithstandingg Section 17500 of the
2 Government Code, unless otherwise specified in this act, the pcovis ions
3 of. thin act shall become o erative on the same date that the acC raker
4 effect pursuant to the California Constitution.
BILL NO?
I 1
RESOLUTION N0. 90-*"'
A RESO L'dTION OF THE CITY COUNCIL OF THE CITY OF RPNCHO
CUC AMONGA, CALIFORNIA, APPROVING MEMBERSHIP OF THE SOLID
WASTE TASK FORCE REQUIRED UNDER A.6. 939 15TAT5. 1989)
AND REL.4T ED MATTERS
WHEREAS, Pehl is Resources Code Section ono 5n r4 ?. 939, Sta ts. 1989;
::A _: r6e• n n hefnrc Ma rrh 1. 1990. oath cnunty nh all r.nnv ene a to 5k
farce to, amo ng no th er things, assist in coordinating the development of city
source reduction and recycling elements for integrated waste management plans;
and
WHEREAS, the membership of Lhe task force shall be determined by the
Board of Supervisors and a ma jo ri*.y of the cities within the county which
contain a majority cf the papulaticn in the ccunty; and
WHEREAS, membership may include representatives of the solid waste
industry, environmental organizations, general public, special districts, and
affected governmental agencies; and
WHEREAS, each city within the county is an affected governmental
agency under A.B, 939.
HOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
nypi oral - u ~c~~ yircn nom Sii iy vi Ta ai.
Force requiredv~~u nd er Public Resources Code Sec do n~40950 to consisk~of one
representative, who must be an elected city official, from each incorporated
city within the County of San Bernardino who is appointed by such city; one
rep re se nta live, who must be an elected County official, from each San
Bernardino County su perv iso rial district who is appointed by the Board of
Supervisors of the County of San Bernardino; and ten (30) representatives
selected as set forth in Section 3. Each member of the Task Force shall have
one vote. Each representative of a city or the County, when absent, may be
represented in turn by a designated alternate who need not be an elected
official, but who must be designated by the governing body of the jurisdiction
which appointed the primary representative.
SECTION 2: The elected County officials to be the Task Forte
representative of each su perv iso rial district and the designated alte rr~a lives
chat l hn rle rn gym; mA ho nrinn ni !hn Qna rA nF \unn m.lenre
SECTION 3: Ten (10) representatives from the solid waste industry,
environmental organizations, the general public or special districts, shalt be
appointed 6y the city and county representatives of the Task Force to status
as members of the Task Force. The Task Force shall seek geographic represen-
tation in appointing the ten (10) representatives, Additional representatives
may be appointed by the Task Force as participants of technical subcommittee.
SECTION 4: The Task Force shall establish its rules and procedures
by majori y v
~)~
Resolution No. 90-***
Page 2
SECTION 5: The Chairman of the Task force shall 6e appointed from
the County membership of the Task Force by the Board of Supervisors of the
County of San Bernardino, and the Vice-Chairman shall be appointed from the
City membership of the Task Force by the city representatives on the Task
before it is pasted or distributed, ~ ~~~ ~~ `""' iQiR r'urce ayeriua
i~a
}„
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 18, 1990
i
T0: City Council and City Manager
FROM: Russell H. Maguire, City Engineer
BY: Paut A. Rougeau, Traffic Enaineer
SUBJECT: Resolution confirming the importance of the Foothill
Boulevard and Rochester Avenue intersection
RECOMI~itlMTION:
It is recommended that the attached resolution directed to the Department
of Transportation (Cal trans) and urgently requesting cooperation on
improvements at the above-referenced intersection be approved.
BACKtltOUND:
The resolution was prepared at the direction of the City Council at its
April 4, 1440, meeting.
Respectfully submitted,
,
~, ~rRL
RHM:PKM d`
Attachment
1~3
RESOLUTION N0. q~ - ~ 7`"I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAN_ONGl1, CALIFORNIA, STRESSING TO THE DEPARTIENT OF
_ ~~„lam ,WM~MV` m.- . WII„lL VVLG,MV
AND,ROCHESTER AVENUE INTERSECTION TO THE CITIZENS OF THE
CITY AND URGING FIRST PRIORITY PROCESSING OF THE CITY'S
PROJECT
NHEREAS, the need for safety improvements at the Tntersectlon of
Foothill Boulevard (Route 66) and Rochester Avenue has Deen evident for some
time; and
NHEREAS, low priority has been given this work to the past by the
Department of Transportation, despite rapid development in the area; and
YMEREAS, the C1ty has undertaken these improvements at Its awn
expense, with no guarantee of participation by the Department; and
NHEREAS, the complex alSgneent and drainage problems and necessary
right-of-way procedures have resulted in an extended project t1me.
IT IS HEREBY RESOLVED that the DeparT+sent of Transportation is
urgently requested to make every effort to expedite the rcvlew a~ processing
of the remaining portions of this important project.
I~
RESOLUTION N0. qO - ~ 7`i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGII, CALIFORNIA, STRESSING TO THE DEPARTMENT aF
innnxvnTATiuri ih[ il'-u1{IINbC W InG ~UV INILL aUULGYN(U
AND ROCHESTER AVENUE INTERSECTION TO THE CITIZENS OF THE
CITY AND URGING FIRST PRIORITY PROCESSING OF THE CITY'S
PROJECT
WHEREAS, the need for safety Improvements at the Intersection of
Foothill Boulevard (Roue 66) and Rochester Avenue has been evident for some
time; and
WHEREAS, low priority has been given this work to the past by the
Department of Transportation, despite rapid development in the area; and
WHEREAS, the C1ty has undertaken these tmproveav!nts at its own
expense, with no guarantee of participation by tha Department; and
WHEREAS, the complex attgnment and drainage problems and necessary
right-of-way procedures have resulted 1n an extended protect me.
lea{a.. .f I-~'.Itwl~.J br his ~~f~fr 4••~ ~w~ r'~
IT IS HEREBY RESOLVED thad the Department of TransporCatton is y~.s
urgently requested to make every effort to expedite the review and processing ,.h.tMw
• of the remaining portions of this important protect.
LS 1
~~ a ` ~ ~}'
,f.Y. ~
. ` ~, ~ s
~ ~QJ~ I
~(, • ~ gl~lf" ~N, t
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• uw ornccs or
GOOD, WILDMAN, HEONESS & WALLEY
~oxx x. egnlNEno Ror M.DODD
QONALLD ~3Owv FL~O p • 3000 CAMRU9 DRIVE QICi,3C01
~oecv,i i o~eole
~AM[3 R. [3LRT NEWPoRS DDACDr CY.IlOHNCA 09GE0 rAYL W. WILDMAN
awiL~ a~cnissY~ (>iJ)sss~uoo (uLA-,w»
nnuol ASS L. uuoLRr
ORAS ~ arE• a<wNSn
JAMS N wRK[R
LOU,3 A.GMAOOMA
BONN A. Si1LtMAN
XR013iOINE A iNAGACRO rAX I>NI WJ-Of/JJ
N qY
iNONA3 C. WALLCY r~ CC
April 10, 1990 :17Y OF FAtiGiD CUpItnDHO'
DI pP'Pi~Nn rmpQl($
City OL I(anC'RO L:uuamLHyo
Planning Division/Code Enforcement A Nf'It ~ ;S ~y~J p1Y1
9320 Base Line Road ~•~~~
Rancho Cucamonga, CA 91730 "(1`3{91~~?!~?~111~:~13~4~5~d
Attn: Richard Alcorn
Code Enforcement Supervisor
Re: 8493 E*{wanda Avenue
APN X229-041-11
Dear Hr. Alcorn:
This letter shall serve to confirm our recjuest for a
continuance of the Hearing for en Appeal of an Order to Abate a
Public Nuisance from April 18, 1990, at 7:00 P.M. to ~v 2. 1490.
Z will be unavailable during all of next week and therefore your
cooperation would be greatly appreciated.
Please confirm the agreement to continue at your earliest
convenience.
Ve ruly yours,
Ga A. 8 ,
G D MAN, HEGNESS & WALLEY
GAD: dv
Lewis Homes Management Corp.
I lib \'or:h plountain A~enuc 1 P.O. Box 6701 CplanE, Cahtumia 9I7e5
'1.19i>~0971 FAX: 714~981~9799
April 18, 1990
The Honorable Dennis L. Stout
Mayor of the Lity of Rancho Cucamonga
Yrestaent, Rancho Cucamonga Fire Protection District
9320 Base Line Road, Unit C
Rancho Cucamonga, CA 9]730
Re: April 18, 1990 Agenda Item E
Revfew of Public Safety Commission findings
in Consideration of Policy Oiractian Pertaining
to an Ordinance Requiring Residential Fire
Sprinklers in Rancho Cucamonga
Dear Mayor Stout:
It has come the attention of Lewis Homes of California ("Lewis"j that the
Rancho Cucamonga Fire Protection District ("District") will, at its meeting
of April 18, 1990, review Public Safety Conmtission findings and consider a
policy direction pertaining to an ordinance requiring residential fire
sprinklers in the City of Rancho Cucamonga.
As a developer of single and multi-family residential housing in the City of
Rancho Cucamonga, Lewis is adamantly opposed to any fire sprinkler ordinance
which requires a level of sprinkler installation in excess of that adopted by
the State Building Standards Code or the State Fire Marshal. Lewis'
opposition is supported by the Attorney General's Opinion (No. 88-904) issued
September ]4, 1989, which concludes that cities, counties, and fire protection
districts may not adopt building standards relating to fire and panic safety
that are more stringent than those required by law under the State Building
Standards Code (Health and Safety Code Sections 1792I(b), 17922, 17958, and
17958.5) or those adopted by the State Fire Marshal. A copy of this Opinion
is attached hereto for your review.
Section 17922 of the Health and Safety Code requires that the State Building
Standards Code conform to certain uniform codes (Uniform Housing Code, Uniform
Building Coda, Uniform Plumbing Code, Uniform Mechanical Code, and National
Electric Code). Fire sprinklers have only recently been required by Uniform
Building Lode (1988 UBC, Section 3802(h)) for new multi-family buildings.
three or more stories in height or having more than fifteen dwelling units.
Residential dwelling units which do not meet this criterfa, do not requfre
sprinkler systems under the most recent edition of the Uniform Building Code
or the standards adopted by the State fire Marshal. A requirement of fire
sprfnklers to all residential uses would clearly be more stringent than State
law requirements. Consequently, the Dfstrtct would be overstepping its legal
' The Honorable Dennis L. Stout
Rancho Cucamonga Fire Protection District
April 18, 1990
Page 2
authority in requiring the irtstallatian of fire sprinklers in all residential
uses.
As such, Lewis respectfully requests that the District raze no iurine, a«~~„
to consider the enactment of such an ordinance.
Please enter this letter, and the attached Attorney General's Opinion, into
the Minutes of your meeting. Your sincere consideration of the matters set
forth herein and the attached Attorney General's Opinion will be very much
appreciated.
Very truly yours,
~. IS H E~MANA¢EMENT CORP.
L 1..~~'
J seph M. Manisco
enior Associate Counsel
JMM:ek/900.019
cc: Attorney General John D. Van de Kamp
Donald Y, Colin, Esq. - California Building Industry Rssociation
The Honorable Deborah N. Brown, Mayor Pro-Tem and Vice President
Mr. NilUam J. Alexander, Cauncilmember and Board Member
Mr fharles J. Buauet. Councilmember and Board Member
Ms. Pamela J. Nright, Councilmember and Board Member
Mr. Jack lam, City Manager
James 1. Markman, Esq., City Attorney
Ms. bra J. Adams, City Clerk
Mr. Bill Ruh, Building Industry Association, Baldy View Chapter
Mr. Ralph M. Lewis
Mr. Donald M. Thompson
-'-''~ ~ ~ ~ 128 P03 FEH 20 '90 13:47
,1'
~ 180/181 P1RC3I3v'E1 GFS~li'r.L'S OpINIQs'S Vo1L^ne 72
~ Opinion No. 88909--September 14,1959
RUiucstcd by: STATE FIRE MARSItAl,
Opinion by: JO1iN K. VAN DE }:At.ZT'. Anomey General
Ronald M. WeiskopL lkputy
To'E HONORABLE JAa7t~ Y. mi.rvi v....a.~:, ~ .:".I: .^..^r. van.
SHAL, haz requesSCtl an opirdon on'the following qurs6ons;
1. Under srstiotSS 17922,17958.5 and 17958.7 of the State Housing Law,
may cities and Counties Adopt building standaMs rcladng to fire and panip
<?f~tv that am mnm sirineent than [hc state standards atloolcn by the Rrate Ff q
Marshal? .
2. May a fire protection district adopt a fim prevention code or regulations
setting forth building standards rcla[ing a fire and panic safety that are stricur
than those containEd in the State Building Staztdards Code?
CONCLUSIONS
t. Cities and counties may net adopt building standards relating to fire
and panic safery that arc more stringent Irian those adopud by the State Fee
h4arshal under stxaions 17922, 17958.5 or 17958.7 of she State Housing taw.
2. Afire protection distrJct may not adopta fire pevention code or other
regulations that set fotuh building swndatds relating to firs and panic safety
which are stricter than the Standards ronteined in IhC State Building Stanch ~5
L. Code.
The function of the Office of the Stau arc Marshal is ro promou and
develop ways and means of protecting Life and progeny against fire and panic.
(tiealch &Saf. Code, § 13100,1 J' Toward that end several sections of the
Health znd Sattty Code direct the Arc Marshal to prepare and adopt building
standards relating to certain aspects of fin; prevention and for the pmtection
of life and property against fire and panic in various categories of sWCtutu
throughout the suu. (See e.g., §§ 13108 (stau-0wned buildings and institu-
tions), 13143 [cerain types of occupancies such as jails; hospitals, nurseries,
schools, theaters, and auditoriumsJ, 13143.6 (occupancies for semi-custodial
care]; 1321 I (high nsesWeturetJ,17920.7 [sW ctural fire sorely and BR-resls-
tart exits in multiple sorry sWUUres le[ for human habitation), 17921(6)
(hotels, motels, lodging houses, apartment houses, dwellings, buildiny¢, and
ar:C4<cery strycmres].) These bullding . andards are submitted ro the State
Huilding Standards Comrtussron for apptovai under the State Building Stand-
ards Law (div, 13, pt. 2.5, § 18901 ct scq.7 and arc then published in the State
Building Standanls Code(Tit. 24, COde Cal. Regx.). (§§ 18907,18930,18938,
13940.18942, 18943; 690ps.Cal.Any.Gen.260.261 (1986): cf.,5 18902.)'
Two of the sectiots pursuant to which the State Fire Marshal adopu
building st.ndards, sections 17920.7 and 17921(6), appearn the $tatc Housing
1 aw (Health h Saf. Code, div, 13. pt L5, § 17910 rt uq.). Stttions 17922.
' Slap AynM ruwm,y mfcvvss •rt ioe,c liut0 •nd S: nYCode.
• rMt.eal•1•lu,ean rtundy pmvihaih•~Jl rcfcrtcvaionc~Suu auad'Na SUnd•Ntfak.aK
sore DVeCNa Codgm Tirk as d she GlJomb Adminlnmhe Coat •p•r1 mua Ue'41Jeml.0ua6na
SVOC•Nf CMc" (11701, cddoE M soo, I°aa, V,. 1100, p. i?5c4i. Id Ia.u~uM n wr godc hmn
•caan ofLW wnkn reG.no NU Cedenihc".G•m auibine SUnEarJi Cabe ",tie riS de lhewi,egnoid
cmfigion
~„~------ gy A'ITOIN'1:Y GL'ti F.R.\L'S OPINrOSS ~'oWmcR
17958.5 and 17956.7 of that Law permitlrxzt agencies to modify certain state
building standards to acwmmodate certain local condiGoac, We are specifi•
sally asked whether under those particular sections, cities and counties, and
also fire protection districts, may adopt building standards which are more
stringent than those adoptc4 by the Firc Marshal, We conclude that under the
' speci5edcodesections,neithercitiesandcoundes,norfirepmtationdistd[u,
may EUVvI VVLLWV(;' ;:a,..~:ds mc: s[rngent than thou of the S:azc Firc
Marshdl'
To be clear az the outset, this opinion is specifically concerned with the
authorityof local agencies to adopt more sMngent standaNS than those adopted
by the State l:,re Marshal under the dues particular sections of the State
Housing f..aw we are asked about. Because of that specific focus we da not
address other ptwlslons of law thaz permit 1oca1 agencies to adopt lots]
building standards that deviate Otmt stag building rtandards adopted by the
State Fire Mathal, and which may permit them to adopt stricter building
standards than those thereunder. (See e.g., §§ 33216, 17951(d), 179:0.7: ct.,
SB Ops.Cal.Atty.Gen. ]3 (1975).)
1. Cities and CoumieS Adopting Bulldin¢Standards Relatin&TO Fire and
Panic Safety under SeUions 17922. 17956. 17958.5 and 17958.7 of the
Stale Housing Law That Arc Morc Strin¢ent Than The Stale Fire
~ Marshal's Standards.
Under seeti on 7 of artie] a XI o f the Cali fomi a Consdmti on, a city or county
.. .... e.u_:._,:.:...a, , ...,: _. ...q,.... n_nA n,1...nMinennne
ag, n ..... .... .....~.. p.. .w„ ._ _._. _._.___
and rcguladora rim in conflict with general laws ' (Cal. Const, an. XI, § 7J
A local ordinance which is intended to protect the public health, safety and
welfare. such as one prescribing building standards relating to fire safety,
would fall wittfin that ambit. (58 Ops.Cal.A[ty.Gen. 73, 14, supra; cf., People
ex rel, Deukmcrtanv, Counryof,Nendocfno (1984) 36 Ce1.34476, 484; People
v. Mueller (1970) B Ca1.App.3d 949, 954 to ] J The ordinance would be
presumed valid so long as it did twt conflict with geriuai, i.e., state lau•. (Cf.,
Freeman v. Conrra Cosra County Warer Durricr (1971) 18 Ca]App.3d 404,
408; Sranisiaus Co. etc. Assn. v. Sranislaus (1937) 8 Cal.2d 378, 383, 384.)
But local legitladon that noes conflia with swtc law is void. As our
Supreme Court hu summariaed:
""'AS defined by the cases flu constitutional phrase 'coMict
wiR~ ges7er27 law:' , may arise in several different ways. It may
gmw out o: the exact language of the slate and municipal laws
° w'e was Hto aWd ,rhaha • f prtlealm diwia oo,dd edop EoaGna runty W rdNNt b
f rt and penic.afaY Ner vert m«e nuriaH Nm Nm (awd in • ary oraomN «dr. 'fan open aNc
ucmdgw,ym i. m,dertdmo«tryooraoncloriono W,dou.ndwman meycor edoprbuadinawndenL
rtLtNa w n,e eM panic celery rhn art mort wmaen, Nm N«e edgxed br W Sure Firt M.nnd, enG
Nat /ln prwecrian airuku meyna do a eIN«.
L
\,, srnamh,l;s? xrroF~'er c~velul: sorc~7ons 167
[chatinns] or from a local attemot' lp impose additional requirements
to a heln ID81 IS pfeenlpled Or QCneiar law imrauoml or tv~u e,c
state's adoption ot'a general scheme far the reeulation of a nanrcular
5uhject' lcitationSJ~ jBaon v. Ciry of Los Angdcs (1970) 2 Ca1.3d
535, 541 [emphasis adAed]: see atso People ex rtl Ocu/Inejian v.
" County uJMendoctno, supra, 36 Ca1.3d at 4b4-4b5; tancatter v.
Municipal CDUrt (1972) 6 Cal.3d 805, 806, 808; S8
Ops.Cal.Atty.Gen.S19, 521.523. S29 (1975); S8 Ops.Cal.AUy.Gen.
13. 14, supra.)
"Contlic["with state law ran thus aria in many ways, and as peninent herein
one of them occurs when the state has enacted a comprehensive legislative
scheme intended for uniform application throughout the State and a local
ordinance xeks m impou u more stringent requirement to govern a patticufar
facet of the atea. Tn such a case, the local ordinance would be "to that exknt
vpid insofar as it prohibits what (the] state law authorizes. [Ci[ations.J"
(MarAus v. Justice's Caurr (1953)117 Cal.App.2d 391, 397; see also, Danvilte
Fire Proection Disr. v. Duffel Financial & Constr. Co. (1976) 58 Ca7.App.3d
241, 249; fn re lane (1962) 58 Cal.2d 99, 102-103; 61 OpsCal,Atty,Gen 365,
372 (1975);43 Ops.Cal.Atty.Gen. 218, 219 (1964).)'
The State HousingLaw presently constitute a legislative design to secure
uniform buildingstandaMs chroughou[thestate and to pretmp[ local divergen-
~ ces tlterefrom, except as specifically auNorized by it Priorto 1970, the Stale
Housing Lax', although detailed and comprehensive, had not preempted the
field of building safety standards because n speancauy empoweree tapes ano
counties to enact building regulations imposing standards Nat were "equal to
or greater" than those promWgated by Nc state (former § 17951; Stars. 1961,
ch. 1644, p. 3922, § 8), and it made UJe state standards inapplicable in Nosc
local jurisdictions which did so (former §§ 19625 (Slats. 1961, CIJ. 1844, p.
392fi, § i i.19826 (td., § 72, p. 3927)). (See, Ciry of Ba: ersfrefdv. MiJ1er(1966)
64 Ca1.2d 93.100-101; see Danville Fire Protection Dist v. DuJfelFirancial
& Constr. Ca., supra, S8 C;d.App.30 241, 245; People v.,Whee/er (1973) 30
Ca1,App.3d 282, 289; Baum Elearr/c Co. v. Ciry of liuruingron Beath (1975)
53 CaLApp3d 575, 577.) - '
' Urdc anirJe>7,nwwS. tabdiritien G)dllw G!ifmnia [tnaYNYM,a ksl ordmanw d.
cMnlrciry wo Id wplncde lcacnl,nu nw rice, rt!p•a w"muniripal dfain." (FuM.r. Ciryofaer46y
(1964) 7~ GiSd bi5.70l, Lc[!N v. Cum (1911) 71 GUd f 1L715-17fi.) 9oe "II d,e nAjoa mamr a
ne;d of Ne letuprwn Mf been futiY occtgied M O,e wu, due I! m room fw wpPlmnury ar
:.:.:::~_ -.,..:.,..., 1.._~.:lL~a:'::.......aa-^1.~__._v ~ny."_.I...l..[S..~n_A lr 1'!nSn: ^1~rilr!S ~_
(Ltnomk, r. Alwiaipal Caul upa, 6 Cl1.7d 103.)" (DanvultrFre Prdeanon Der. r. D,~d Fwnlul
,t Conic Ca . rvpa, 56 GI .,p.7d 2<I, I19. `wTtk 'IelrK duerminnia, of whn wnl4lmu • ttdn
mudnpal affair it dmn ! dRGwle quetuaY Iciudonl, the murv bok w the provilio~~ d,he wnmtunl
mm nuuu wta J n ad.frtan a mamr of'wuwid<eonam' 1e:wiwQ. U w, uuame dw u cwwainl
rtavdlm d ae O~u,ar proviNan. lGU',am.1' (69 ppr.GLAay,Gm. YJ7.206 (19861.) 7Ta mam or
hrv unJe,m tumwidc nunaNatmnd.:d, rdninRO nm ndpar'udnywwldle am.ueml"mmwide
ca:n~" (58 Op,.GnLMry Gc". IJ,lyro, d..Sun 19)0. ch. 1476,p 2'IBC, 7J
~..~ IN A7TOR~F.1'GEN~aAV50P1n00S5 Yclume 72
In 1970, however, the Legislature substantially amended the Stale Hous-
ing iaw ul Drees w pivr;~..:. -.._._ . _ cc*^^^ :_ ^~ .,t
unitotmi[y of building xandards Ihmughout the sale in manors web as safely
and smcture of buildings, details of ronswction, use of materials, and
electriaal,plumb.ng and heating specifications. (Burs. 19)0, ch. 1436,§7, p.
' 2766; Green v. Superior Cowt (1914) 10 Cal.3d 616, 627; Dunv(:k Fire
.':e:eercu Dirt, v. Duffel Financial R C^;str. Ca., supra, S8 CaLAPp.3d at
245-247. 24g; Baum Ekcaic Co v. City of Niulffngron 8mch, supra, 33
Cal.App.3d 573.564; Taschner v. City Council (of Laguna BcachJ (1973) 3l
Cal.App.3d 46, 60; 60 Ops.Cal.Atty.Gen. 234, 237-239 (1977); 55.
Ops.Cal.Atty.Gen, 137,160 (1972); 54 Ops.CaLAtty.Gc t.87, 86.89 (1971).)'
It (i) tlittctW the State Department of Housing and Community Developmen[
to adopt rules and regulations imposing "the same requirements" that are
conmitted in various uniform industry building codes (Buts. 1970, eh. 1436,
§ I, p. 2)85, amendin8 § 17922, subd. (a)), and then (i) it removed the
aforementioned authority of Gibes and counties to adopt more stlingen[bulgd-
ing standards than those imposed by the xate (and the companion provision
making the less stringent state sundatds inappliczbte those local jurisdictions
which did so), and required inxead thatevery city and county atloptordinances
or regu]ations imposing those same requirements within theirjurlsdictions
wiritin one year, or they would ba made applicable in ti:em atLha! 6me by force
~. oflaw (id.,§3, p. 2766, adding§17958).(See, Danv!lfe Firc Profecrton Dist,
v. Dugil Finanria! & Constr. Co, supra, 58 Cal.App.3d 245; People v.
. me:u,e,y.... :,rr: "°2~orC"'err::':. r: ., r'i..~.Jqun wnrnn
Beach, supra, 33 Cal.App.3d 373:55 Ops.Cal.Any.Gen. 157, 160, supra; S4
Ops.CaLAny.Gen. 87, 68-59, supra)
But even then local jurisdictions were allowed wide IadNde to deviate
from sate building sundards under the Sute Housing Law. (Sec e.g., Baum
Electric Co. v. Ciry ofY, unt:ngton Beach, supra; Peopfe v.Whdder, supra; SS
a wren l+adoped the 1970arnv,M,Gorr' Na Suu Hooting Aa.iueLgWaartdeW,cd,hn'1M
c,JOrmitY o(codsawoahat me SUU... IxuJ • maucrur+uu+Ma imercn aM 'norm rtnu n woule
endue hauwg mru vd irmruu Na a/neiary ^f psi. av: ouinl tm+waion L+1vwy ud iu pwuelon"
n! d,at wd, "unlramhy loouldl M achiaN wiNin • irmewok of lonl a.utaany, try A .wing lual
guvommenu u adopt cMnaa nuking modinoGmr N INcI maa tu+N m nurerq,mt q Ions tuMi-
time.,..^ (auv. 1910, sh. Id)a, r,W^n; 17r+v7lt F,n Prorenwn Dln. r. D,tfd Fiw,eul d Caurr, Cn,
supra _y8 GLAppad Ia r, 3d5; Prep/a v., Y'Anlrr (1977)30 GLApp3d 7g2, 3a9; anon frc<nk Cn. v.
.au..,,e ~e,u.a,g ue ~danry or,M haunt i,Mvnn. dd.. at 377,) By altoaing rM mMury u rdy
nn a anfK win .w,d.m, nux:r,hm rd'uTum, amiaa•ur r,.•.: °:eid &..:.q. roue euvx,.iW aid
cff,cimt appmachu to6adcduign, tauwaim utl,niquq andmauriJ+. (Id., n 278.) Of amne anaher
puryore undedYin[ tM Mddmg mgdlaotnr was du p+amim d 0u pWli< haJ+h and pnry, fBo,v„
Elaine Co. r, Cer o/Nwrintlm BaacA, repro, u Sal.) In Nr. rginian vs 4w poinvd uW W.r ri,ue
unJorm cod a art Mud on pmrar i m J eapnruu, rtarcn and vrw. g aut it na ravwvty avanaple w bcal
agmdn. N< adaptian of muw,de miform anMNr wadd ain carve Nal ma. (ea Opr.Ca.Any,Ova.
rupa; ru ale Donvillr F~• Praae,:o.Du:. v, p,~al Finguiol d Covv. Co.rvprq )a Car.App.3a3U,
7d7.1
...0-4.~• G, 20 ... ..
Sryxcm!+., 199 AT!OflNLY GaTERAI'S Or'P'IOVS ray
Ops.Cal.Any.Gen. 157, 160, supra; 54 Ops.Cal.Any.Gcn. R7, 8R (1971).)'
This is because while the 1970 amendments to the Law were desigrred to secure
a unifomtity o[ codes mrougnom me Mate, vre t.egtstamtc snowcu a >r~r-
sitivity to, and deference for, local conditions and needs." (55
Ops.Cal.An}'.Gen, 157, 160, supra, quoted in Baum Electric Co. v. Ciry of
Hnm!ngmn Beach, saps at SR4,)Forexample, the Law as amended provided
Nat a county or city could make such changes or modiLeations in Ne state
regmremenrS "act it deremiinca a,¢ roaavGdvlj rv___a._~ .`.`.. s r~.~,
conditions" (§ 179553, added by Scats. 1970, ch. 1436, 5 4, p, 2786), and it
also provided Nat [he State Housing Law was not meanuo alter local building
regulations Nat had bean enaMCA prior to its affective date. (§ 17958.7, added
by Smcs. 1970, ch. 1436, § 5, p. 1436.) In 55 Ops.CaLAny.Gen. 157, supra,
we concluded Na[ Ne former provision demonstrated an intrntion m allow
cities and counties to adopt regulations with additional or more restrictive
building nandards Nan those promulgated by Ne state (id., at 160.161), and
in 54 Ops.Cal. Atty.Grn. 87, supra, we said Nat the latter provision meant that
Ne Lats•'s requiremrn[ for uniformity did not apply to building activity Nat
waz already regulated by an existing local regulation enacted on or before
November 23, 1970 (id.. at 68.89).
These broad exemptions from statewide building sundards no longer
obtain and state Fteemption of Ne "teld" is mme complete. In 1980 Nc
Legislatum (i) amended section 17958.5 of the State Housing Law to severely
L' limit the rypes of local conditions for which local agencies could deviatefrom
stamwiAC builAinr sundarcls !Scats. 19R0, ch. 170. n. 303. F 2t Statc.1980. ch.
1235, p. 4203, § 9), end (ii) it deleted Ne excep[ion from Ne requirement of
uniformity previously found in secion 17955.7 for nonconforming local
building regulations that were enacted nn or before November 23, i 970 (Scats.
1950, ch. 1295, p. 4381, § p. .AS mentioned, what we have now is a suce
preemption of Ne field of building s[andard regulation, except for such now
more hmlted deviations Nerefrom asthei.egislaturchaz specifically permitted
local agencies. Our attemion is particularly and specifically ditec[ed to Ouee
sections of Ne Law in which Ne Legislature hs permitted such activity:
scdicns )7922, 17958.5, and 17955.7. Before w¢ Nm to Ncm, however, we
will b;:~:0y relate Nem to each other and to other sections oENe State Housing
Law.
We have mentioned how two sections of the State Housing Law impose
a duty on the State Ftro Marshal ro prepare and adop[ building standards
m iarjngrn renaiR a<peQc of ltrr pmventinn in m'1!iple S!0 ~ 5.^_Cleree Ica SCr
human habitation (§ 17920.7) and in hotels, motels, lodging houses, apartment
houses and dwellings, and buildings in general (§ 17921, subd,. (b)). Hut Ne
major Nmst of dle Law is concerned wiN building aWndaNs (end other
regulations) prepared and adopted by Nc pepanmrnt of Housing and Cum•
166 A170R\'F.Y GEVEML'S OrN08S VoWmc 72
muniry Dcvelopmcnt. Subdivision (a) of section 17921 imposes a duty upon
that deparmunt (cf., § 17920, subd. (d)) to adopt building standards (other than
..t rA_...,61:. AnnLF
ulna lciiung iu me a„c: ym -o:jy...l ::: y::.::_(C:_.__ ._ _
Safety and genera! welfare with respect m the CenittUCdon, alteration, Rpair,
etc., of aO hotels, molels,lod,ging houses, apartment houses. and dwellings. (§
- 17921, 21x1. (a).) A< with the fire Marcha]'s building standards, those of the
dcpattmem ere submitted to the State Building Standards Commission for
._.:__<..<:n., :n a.. Stet! wLAtd:ng Standards Cede, under tht Slate
ujyyr(.. ..._. ..
Building Standards Law (div. 13, p[. 2.5, g 13901 e[ segJ.
Subdivision (a) of section 17922 requires that the building standards thus
adopted by the department "impose substantially Ole same requirements as are
containW in Ole most recent editions of [various] uniform industry codes ...
(§ [7922, svbd. (a)J (Sce generally, 63 Ops.CaLAtty.Cen. 566 (1980.)
Secdon 17958 then essentially makes those standards applicable in aU cities
and counties: it permits cities and counties to make changes ormodificadons
in them only if the changes wotild "impose iht same requirements;' and it
pmvides that if a city or coumy does not amend, adopt or repeal ordinances or
regutadons to impose those mquirements, they will become applicable in such
city or county 180days aftenhey are published in the State Building $tandaNs
CMe! (See also, § 18957.5, subd. (a).)
Fut there is one notable ex:.eption to secOpn 17953: Under sadcn
~ 179'8.5 a city or wanly may make changes or modifications to the building
standards adopted pursuam to section 17922, subdivision (a), "as it deter•
..nFl.. ..______n. 1_na_n_n_.,n_a_ n_f ln_nn_l nl:...ne:n n~nln.rinnl n_
~.... _.. n_n nnnen nnee,.n
...... _..... _..._~_.... _.~ .. .~ .. ... • V C
topographical conditions." (§ 17958.5.) Section 17958.7 provides that Cor any
such change to be effective, the local Jurisdiction must make an express
"finding" that it is reasonably necessary because of those particular local
conditions, and it must file the "finding" with the Depattment of Housing and
Community Development
• Satuon l7938pv+idu:
'FaeepaeprovidN HSeuime r 795S1nd 179S9,.nYa•.ym emmrymayR.ked,m{ee
m U,< pmvi.ione aaopard rynrem ro Je<uon 17923 end puMimee H Ne Seta BwlLe{
aundeNr Cede mtheahu R{ul<YOn<16eruhusUyudpunnnlu Se<um 17932uammA.
Idd, Or T JIONYRMa{ mR(111\YRI{ Wly<II ynpOR al<Rr11C1laYllmMlll<.. \R fplYYlb
a dw pmvlrkn< saopud puRUUU ec Seetim IT931 l~ publuhed bt the Steu Buad'uu
SuM.ldl Cadcmthc Rnu R{vUdoiu Woped pnaaaR wSenlm I7923ormake gaga m
m~eniene N Aola nquirmu9u upon iltp,we fmdin V pammt to Seeun{ 1795[3 Wd
17959.7. U enY coy or ewRy don rw unaM,ldd, m r<p<J aldwnae m R{olaame w
Lr,J4{i 9,v:e (F9Ji(rli:~:: 4i Rik< 3injE: IX R,WYiii:i0nl G a1J.C rfquil&rli11Y L9r(i
upm< rmdinR{• ,h< yn• ni<Lir pubn{AW In the Suu B :[dirt{ Sundud{ Code m tlu ahu
R¢uluiuu p:omul{clad 9unuaR a 5e<cm 37923 {hall 4 applinble w it end Jua lrewm
eff<ewe I{Udeye Jurpuhl,ution aY 1Aa mmminwe. Amv,Mrtnu, eddlllen<, W dtlnione
w 0e suu Buadin{ Aandude Code adopue py a any a curtly puwenuo Seaton 17958.7,
w{uher w,d, as appliubl< ponim{ of d,e Suu Beadin{ SundaN{ Coo, {hall h<ame
elf«dv< 1 SOeay, dur ryh6u,an M W Suu Buadn{ Sund.nh Cm<hy Ne SuR Bupan{
SuMardr Cuwnmion'
~- Scy<mMr79a9 ATTOB=VEYGFT~RN:SOntY10\S 149
The firs[ qucstivn asks whcUter under sections 17922, 17958.5 and
17958.! a city or county may adopt 6uiiding sandards which am more
~, , ,r.,...r,,.._..n..,..n [.., rh. c,eo- Flm Marshal? The essence of the
answer is simple: Inasmuch as section ]7922, upon which the other sections
are predicated, only deals wish building standards adopted by the Depattmen[
ct Housing and Community Development and net these adoptvl by the Stare
Fre Marshal none ofthe actions about which we are asked provides audwrity
for a city or county to ado_ot more strinerm sta„AaMc !*e^ !'•esc c"_cp:c.'. by
the Iatur.
A, c~p'on 17922. Asjust mentioned, section 17922 directs the Ilepart-
men[of Housing and Community thwelopment in adopting building standards
for approval by the Commission on Housing and Community lhvelopment
under the Slate Building Standards taw to "impose substantially the same
requirements as ace contained in the most recent editions of [various] uniform
industry codes . , . ." (§ 17922, subd, (e); sa 63 Ops.Cal.Atty.Gen. 566
(1980).) When speaking of building standands, all of the subdivisions of toe
section refer to dwu of that Iacpartment. Thus the section commences:
"(a) Exetpt as otherwise specifically provided by law, the
buildin^ 5[andards adopted and submitted by Ne department for
approval ... and the other rules and regulators ... adoptrA .. .
~ pursuant w this chapter ... shall tmpou substantially the sxmc
tequircments as are containetl in the most recent editiont of the
following uniform industry codes as adapted by the organizations
specmed ...:' tnmpnasrs aeeen.l
Subdivisions (c) and (d) of the section each commences with the similar
reference:
"(e)land (d)] Regulations other than building standards which
are adopted, amended or repealed by the department and buildin
standards adopted a^d submitted by the department for approve) .. ,
." (Emphasis added.)
Nou•herc in secion 17922 is any retenence madewbui)ding standards adopted
by dre Start Fre Marshal. As was seen at Ne very outset of this Opinion, his
adoption otbuildinr standards for submission for approval m the Commission
on Housing and Community Ikvefopment end incorporation in the State
Building Standards Code is directed by other provisions of law, viz., sections
t z1n8. 13143, 1ata3 fi. 132it. 17ob?, i, and t i92t(hj.
It is true that two of the sections pursuant to which the Slate Rrc Marshall
adopts building standard', 17920.7 and 17921(b), are found in tite State
Housing Law at:d indeed appear in the very same chapter in which sedan
17922 is found. But when section 77922 speaks of building standards, it does
I~
-- IFx nTfOIL\FY GECEAAL'S OPL~IONS Volumc'11
not refer to building standards that art; adopted under the chaptcrof the State
HousinK Law in which it appears. as it refers to other rcP,ulaliortt that are
adopted thercwder. Such a rcCercnce wuld bring the building svndards
adopted by the State Fire Marshal pursuant to cations 17920.7 and 17921(b)
within its ambit. Instead, as we have uen, when section 17922 speaks of
buiidiug standards, it specifically and continua'; y sfcrs to uho~ the: arc
acoptec oy the Department of Housing and Commuttiry Development. Ao-
wrdingly the section would not provide authority for a city or county to adopt
building standards which arc more stringent than those of the State Fire
Marsha:.'
B, Sections 1795R and t795Q,5. As mentioned, whet) the 1970 amend-
ments wthe Stau Housing Law were firstenacud, section 17958.5 gavebroad
authority for cities or counties to make changes or modiFUtions in the state
building standards taken from the uniform building codes to adapt them to
local Conditions' In 1980, however, the Legi318turc amended tFe Beetipn and
gttady rcsWcted the types of local condidons for which d deviation from
statewide standards could be made: It limited them to local climatic,
gwgraphical, or topographical conditions. (Brea. 1950, ch. 130, p. 303, § 2;
State 1980, ch. 1238, p. 4208, § 9.)e Section 179555 eurrendy provides in
part as follows:
~ 7 We to saew Nn one rubdivilia d section 179".2 dbr provide la. pan' ev+riw d but
rsmaay. Subdiv4lcn (D) `gxdfidy u:d entileH" nlmel ntdNm N ale wr d bat o« raw
a9uLanmu, Iaut l{R swan. butldlr,0. Wbck, aide ud aer rigid ngoilwew, tn0 PoPe^Y lire
ngwranmU W IOUlpnrdNam,'nawMwndmte,rynqu,rtmnltlaMaeelaM mlmeaeu MowmC
Iww~ ^ 71w un of we phnx'1wwyMwnei~t eny rpuinmmt farad or ra fordl in (J1c awe Hooain0.
t~wl" ww0d man Ihn bat rquhJa M lhon eras' weld use pnndrna wa mylhinG favdm tDc
Suu Homm0. LW.fCr.,ln Rl Mnrrio0.[o/ryuvO(I9'!1)ISGLApp3d 675, 611 tn.3;dbu afCdl~ nio
v. Srprior Cou.t (1965) ]aB GI.App.3d 697, 695696.) ilw o-ald iatuG Ne auu Fat hLnb11
W adind aodrrdr whirl enedopd puww u 'action' 19911 gild 17930.7. Hwcvu,Jx prabkm with
applyint drc wrrrwd IariWiNm d rubdivkim N) m au Fin Mxrhel'r lwlb'v1i trade'd' u thn Ur
mrurn whirl it nesrvv fabcJ re{oLum inveHermk0. wdnad:ildintn+nd.nL• (S.aeW TmcM<r
v. CinCowcil(197))]I CaLApp)d/6,60(oveoulN aNw0.raodr in AwabtrdHome a,ui4rr RC.
Inan. CvyoJ4vennorr (1976) rB CJ Jd 582,5%b.Ill: ponvak Fve)rouplio,rp:rl. v. DrdrlFvwnato!
d Cc„nr. Co., n5er0. 58 GI.ApP.3d 2/1.347) Zaiw it en tru Nat v.ditkrwly h«ben aerdrW h
etas mdcamkr (rw<Merv, Gry COnna1. repo c 62 wferrint to GI. Cmn., an XI, 7; d. I791g1),
18909(.). Cot. Code, 1;5500, E5850) rrW is rpt om wi0 wlueh,D< Suu Fin ALNuI wwk b invWvud
in edoµw[ badint celWad<. Cwtvardy, Jae dw'rprdfu trim d mwved teal }wirdkua N
rubdlWrion N)ir • very lindud om ~ it `ir by Impaaum • aaW d un trent deny tra.w j+ridvalm;
(Dan.ale Fire )raeubn Dirt. v, D,~J Fiar,e4J & Gvv. Co, rope, 58 GLApp3d Z•t, 217), tnd «
rod,, would na be a 0.nm daudwnry to aw in shat eraL lush a adopW .: balld'nt wnderdr. (Idd.)
a M aitimaY wwW, rewia 179583 rimPlY 9r°^dcd tbt ^1y : sdagaa Y,e oldmaoar or
..f, W.,i:T. )u,yuq< 1a $1AM^ 1795!.. p,v a {gyelr „u m.ke n,d d.nter moMreuiwY jn y,<
agwranau amuvwr m rr{uuuom saopuc yurwrm ro aaLa 17931 er it deewir~a en rtermeay
n<wury Dcwurc d bcJ andi:ianr." (Suu, 197x, N.1/76, p. Z/58, /.1
a The lunw~m wu hued on an f){,inia we had trod N 7971 b wfiich ve aid Jut the Due
phew `tool eandith~nr" could rot Ntludc poli:iul, eaami< a wcid phw,alome, kn i1 dearmy my
paribilitY d nuewide uni(o1m,ry in building coder, and ro we romluded Zhu 1ha tmn rderred `oJY w
mrbitiar whirl mry b Iabkd bwAY tr teotnphiul w tgwpnphiul." f57 OPe.W.AUy.Gn M3.
MS (197))) kVc Immd Wt Muan,a thwc ywn Inw t1d fuller drea'''d to nmJudan vu-I^.ie
`~ Scpumber 1969 Al-f01L4E1'GECEBAL'S C171}i0~5 169
"(a) Except as provided in Section 17922.(1 (which deals with
_._ ....
-- ~--.--, ..,,u:.n:nn miMmnm noise insulation
we vww ~, .....,,.. ..~..__. __.....
standards for Certain multi-occupant dwellings], in adopline the
ordinance regvlations pursuam to Section 77953, a city orwunry may
make such changes or modiircations in the roquiremenrs wntained
- in theprovision puhlithrA in the State HuildinR Standards Code and
the other recutations adopted Dursuant to Section 77922 as it deter-
mines, pursuanuo [ht provision of Section 17958.7, are reasonably
nacssary because of brat climatic, geological, or topographical
conditions. 191 For purposes of this subdivision, a city and county
may make reasonably r3eceuary modifications to the requirements,
adopted nursuant N Section 77922, contained in the provision of the
Cede and rogufatlons on the bads of laCal canditicrs:' (§ 179553;
emphases added.)
while it may appear at Brst glance that subdivision (a) of action 17956.5
wrould enable a city or county to impose stricter building standards than those
adopted by the State Fire Marshat if called for by the particularities of local
' climatic, geologi al, ortopogrdphie conditions; ° when one follows Nrovgh to
examine the sections rcferrrA ro in the subdivision, one sees Nor it does not.
Subdiv]sion (a) of section 17958.5 avthorius cities and counties (i) in
adapting ordinances er regulations +Uncuam In Seerian 17458, (i) to make
~. changes in the requiremenu contained in the provisions of the State Huiiding
Standards Code and the other regulations aAo_Cte~nl tenant ro cenion 17922.
.Crn{nn 1795R. we recall, nrovides that cifies and Counties must adopt the state
building standards p~lgated rnraant to °ection 17922 within Ihef rrespec-
tive jurisdictions witNn 180 days, Iesi Ney be made applicable in them by
operation of law. But it also provides that those local agencies may (i) make
changes in those s[zndaNs if that would impose "the same requirements" as
waultl have been imposed by them, and (ii) that they may change or modify
the state standaNs if found m be necessary because of local climatic, geologi•
cal, or topographical conditions. (See fn. 6, ante.)
The problem with uiing sections 17958 and 17958.5 as authority toreities
or wuntics to adopt more stringent building stardards, albeit for 17mitcA
reasons, than thost adopted by the StateFre Marshat, is that both sections Teter
exclusively to buildinb standards (or ocher regulation) aAnntell rmm_ n~ t to
section 17922, but taut section, as seen, deals oNy with building standaMs
adopted by the Department of Housing and Community DevelopmCr3t and not
rhncn of ihr Cra[e Fi!! ]v7a6}!at. $inrr ceCtlnn 17972 dae5 not pmm~n In dpi
with building standards adopted by the State Fim Marsha], neitl3er could
the pv~•en d No Cam~urim w Hwrin{ ~ Deve3opnent (Sm 60 O(R Cil.~rry.Gen.1N, ]35339.
r„p.° 1
i° Fa er.unrh. ,order Ae wEG'.vi°n. • riry a mmtY Bald prMidr UK ~ d maeriilr.
ryplnnmr, mmlhuroy xvieu, corn{..:mu,or maNal, or wuwnim. (17922 n61. fe)J
l4J Ai"fORNEYG~R~L'S OP4~10~5 VoWm~T2
section 17958 which refers t. i[, norsecdon ]7958.5 which infers to the latter
in mm. Accordint[ly, neither section 17958 nor section 1795A.5 could nmoinr
authority for cities and cowtiu to adopt stricter building standazds than those
adopted by the State Fire Marshal
C. Serf,em t795A.7. Section 17958.7 proscribes the express finding that
a city or county must make }z[orc modifying state building standa]ds tinder
aKYV.-, 175°su,°i.
"(a) Euxpt ss provided in Section 17922.6, the grnerning
body of a ciryorcoun[y, heforcmalrintt any modifications orchan~
pursuant m Section 179583, shall make ao express finding that such
modifications or chmges are reasonably necessary because of local
climatic, geoWgiW ortopographitalconditioac, Suchafittding shall
be available at a public record. A copy of such findings, mgedrer
with the modification or change expressly ma[ked and idetrtified m
which antic such finding rders. shag 6e filed with the deoarmtrnt
No such modification or change shall become effective or operative
for anypirrposcutnr7 the fiMinr; and the modificationorchanee have
been filed with the dettarmtenc.
"(b) The dcoarmtem may rcjeaamodification or change filed
by the governing body of a dry or county if no fording was sub-
mitted." (§ 17958.7; emphases added)
~- The pmblcm with viewing section 17958.7 as authoriry for a local agency m
make changes in building stardanis adopted by the State Fte Marshal is that
u texts co modrncabons or changes a aty or county would make pursuant w
section 179585, but as we have just shown that section applies oNy to
changingthebuildhrgstandards ofrbellepartmen[ofHotrsingand Commtutiry
1>evclopmtxu and cot those of the State Frc Marshal. Indeed, the corteevtess
of our percepdoo is confirmed by the xgdrcvunt of sxtlon 17958.7 for any
such changes m be approved by'Yhe depamnerr!'"r Thus, section 17958.7
would not aud]oriu tides or rntmties m adopt mote strvtgent building stand-
ards than those adopted by the Stara Foe Marshal
it has heed suggested G ^.[ the section may do x indirocdy because of a
xcent amendment fo sec6or. 189415 of the Smte building' S'rndards Law.
That sctxion was amended last year (Sorts. 1988, ch. 1302, p. (3314], ¢ I) and
now reads as follows:
"(a) Thebcitd;tigstaMards:containedm[dtevariousUniform
C~!esjssre:_;cnsdlnlhcStasHuldingSta:AardsC;,d;,s~.a,"app,y
to all occupancies thmughout~the state end shN! become effective
n ilu w4 usmm~lw ^,e
ponce rtga m~kii{dfWmax cud la NbF v~h tiro (kpy~N ~R
x[gxrmJy immGd 'u x aaemni ro rae~ptcaurve raopion of chxryu or modlfwtbnx" (Sl
Ovr.GtAw.GOn.11].W.xmrn riGn. Sta. torn .h iau r ~n..~:,~z.WB51r7c^.;:.'r_y. Gun; .......
2V,177, xupra; ll Gp CwLAVy,Gcn. 1f7, 162, xr~pn) ~_., _..
.~. ~.,rH
Fl.', Ec .,. 1,,....,
Snxemlrx 1984 A7TORh7i1'GE`.'ERwL'S Oi`LUO\S 191
7 SO days after publication in the State Building S:attdards Code by
the State Buildine Srandartis Commission.
"(b) Amrndments, additions, and deletions ro the State Build-
ing Smndards Code adopted by a city, county, or city and county
pursuant to subdivision (c) or pursuant to Section 17958.7, together
wish all applicable portions of the State Building Standards Codc,
shah become cffcetive 180 days after pubiication of the State Build-
ing StanaaNS Code by the Stale Building Standards Commission
The suggestion isthat undersuhdivision(c) acity orcounty maid adopta more
restricuve building standard than one adopted by the Stau Fire Marshal and
published in the Stale Building Standard Code, if it properly make a finning
under Becton 17958.7 tha[ such is "reasonably necessary because of local
climatic, geological or mpographical conditions."
~ We, reject the suggestion.Subdivision (c)ofsection 189415,as amendeA,
Goes not provide an independem grant of authority for titles and counties to
nrr Rarh.. r. e,va4e: _~__.,
.. _ •• ^.e~1_Ye :~." ...: ... ......L:.:ugy uw auumu:y ui riru>G
total entitles m estabUsh more resrticdve building startdank because of the
existence ofloca! climatic, geological, ortopographical conditions. The grant
of such ••authority"must therefore be found elsewhere, and i[ is - in seetions
17958.5 and 17958.7 of the Stale Rousing Iaw. But once so found, the
me~sur of the authority of odes and counties m net under those acetlou is
defined by their temis, end they, asjustshown, do no[ rcachbuilding standards
adopted 6y the Stale An Marshal, inastruch a action 18941.5 does not
independendy gram aurhori[y to citiu and counties to ett, i[ would not pe[mit
those !Drat jurisdictions [o adopt mote stringent building standazds for their
jurisdictions than those adopted by the State Fim Mazshal.
To summarize our answer [o the first question then: Strrce section 17922
of the Stare Housing Iaw does not deal with butlding standards edop[W by the
State Fire Marshal, neither it, nor Section; 1795fi.5 and 17ocg,7 whack; are
prc.'u'cawi upun ii, can audroriu a city or county to adopt more stringent
building standards relating to flia and panic safety than Oto'se adopted by the
State Rte Marshal. Again though, this answer is coned by the parame[crs
of the opinion request and relates solely [o those duce specific sections about
which we were asked,
l..
sa15-4-t~ 19cA CeiR
19: ATiON.NEY dENFAAL'S OF!4?OAS YolvmcT
2. Fire pro[ectien Districts Ad~[ine A Firc Preven[ion Code Or
Ordinances With Bui)ding Standards That Are More Strin¢ent than
TMer_ 4'~;:_,'. ~;'":...;wle me marsnal And Containtd In The State
BuildingStandardsCOde.
Unlike CIdeS end COlln[1e5, fire protection districts ate no[ granted broad
police power authority by the state Constimrien_ (CL, Moon v. Sf;:rricipd
r.,_.. (r oee) :+~ Ca:.~.i+v ;y:rio, iii: oo vpS.CaLAtty,Gen. 225, 229 fh. 3.)
They ate creatures of statute, which serves m defitic their powers and dutirs.
(Cf., 66 Ops.Cal.Atry.Gea at 228; 25 Ops.Cal.Atty.Oen. 234, 235 (1955); 10
Ops.CalJ+tty.Gea 47, 48 (1947))
Fve protection disvicts ate presently orgarized under the Fre Protection
Dirrict Law of 1987 (div. 12, pt. 3, ¢ I3800 tt sey,).'i That Law gives theta
eu[horiry; '
- to adop[ oNitlances (§ 13861, subd (h));
- [o adopt a fire prevention code by refetera, in the ma:.ner that
counties and cities do (§ 13869); aM
- toestablish nllu and reguladons teladng [o furnishing fire p~otecdon
and other services relating to the protection of lives and property (§ t3861,
subd. (i); § 13862, subds, (a),(f))!e
Would rtlcse grants of authority, eidxrsingWariy Orin egmbinatioM authorize
~ afire pro[ection CisviIX to adopt a fire protection code or reguLttions with
f1 b 1987 d,a Lqulavue wpnW rd Pvc Frareoeim Dimia Law a {%1 (e, •• 1%1, m. 565,
i; div, 12, Fe 27, 11601 a cep.) nd'msmdW Y wah the Fve Fren6m gmia taw d I9b7. (C,y,
19Y1, eh. IC13 ISB SCS. Bagawnl, 10, I i.) For We moa pry aoy Cue prwµtim dimia orprdvd or
wr1 Weed oodcaw tonva law'rml.bia] b eeirwna u if u IW 8em ariarird pemamm arc Inn.
orwl ... ." (139x]. ahd. p)J A9 exdlea npiaa4ma8ave. Fa Fe9reai9v U+da Lwir land
io A w"r• L T A N M' !4 a'1 c e,A y •i- p.,,,n( '.L~_ 199'7"1 [duA
heauR-r a ANSY_tL•J 0a.e f+RVarW by wsmau Gvwuw m twal Oavrmvnx iv Oaobv
1997.
18 5„dm D96l aamly daarbq Ne 9rarailpoaen dWatAmiw,provi6in~bparutonow.;
'A diaria duce hive ale ovY aad¢ y niEa and powm,'oaPrev or brplleQ
vaxeury a orry aln tha Furyvul vd inm d Iail pa, mdWivi, bvt 9cr amved l9 nw
foaowi99 po..w:
'0) To dept oedbmar 6,Ilowln8 the pacelnu d Arude 7 (cwmwidn~ wish
s<ale9 xtlzx)atz.µ.rtot F.nian;.v;a,xdrw.]aule eow.maau coax (a.,
tvmer 7]169, 1]97x, 13871.)
'(i) To eoabGrA W adaroelau a9d repd.uan raau.trrlveau:ov, W°auav, ad
aainww~x otihe rerv:.++liwed in9ea)oe 79EG"~ttY., iwmw ~i3bS3,mi.rr ~ •
Aaw,i dw9ervvw nrrd b .:aivn I396a u rhu a8rwidini ~firt Pr'aaacovv IerAm '.,.uhd (a)), ..
weaaal.vanlmeup.wvdc'iJnr new rmiar rcWviieNepmlotimorhvea ad-roOalY; UQ.
robe. ((1,)
Sayan 17869 ,gcJuOy mlFewen Firt PrtvuBion Dinnw b'adoq 9 (oe pevmtton code Iry
wtamat" u eau ad oom,dw do rob. the finvemmwr Code (500.'2:1, (1]6691tomw US)I] J
Whm rbey do w, Ow farvie'. bard u "damn . NLilWive hady ad rha divrk3... dcaned . laccl
grnry.' (I3a69J
~~_
igam:R 1984 A'1-r0ah-EY GE4EML'S UPJ,1'10\S 191
~'
building s:zndards that were more stringent than those of the State Fire
Marshal? We believe not.
MY We J0w In ,LI]WCnnL' u6 u2at [tuESUOrt, i[1E JIGLC nvuang Law
prcsendy preempts all local regWation of bu0din8 stancvds except as the
Legistaturc may permit in certain areas. As we aim saw in that Law, the
Legislantrc has specifically permitted dries and cvtuaies to adop; local lwild-
irg standards a:tich diverge from the slate standards in certain areas ixcausc
DfIDCalcond;'t;ons, (§§ 119388, 17938.7.] ffutaswehavesitowr4mathmitW
gran[ of authority does not pertrrit those local agencies m adopt more siringclt
building Standards rcladngw fire andpanic safety thaztttwsewhicharcadopted
by the Srue Fife Marshal. 77ta authvdry for fue protection rlisiricts to do so
is even tuore avetn7atcd bcca»se the l.egistamrc has not accorded them a
' similar Limited authority m adopt building s[aridazds which divuge flmrt the
s'atc'ss:aMaz'',.s," Sndeed, as we said to a recent opinion, we knew of writing
in the Stale Horsing Iaw thaz would confer discredcrtary attthoriry upon fire
pmtec6on districts to adopt striuerbuilding swtdatds than arc found therein.
(Id., at 228.229)
Could sucb authority be fottnd in the Frc Protection DisviC[ law itself?
There we have seen that Ste proteetion distticu are granted authority to adop[
ordinances (§ 13861, subd. (h)), to adopt a fire prcvendon code by reference
(§ 13869), and to establish nila and tegrilatiotu relating, Inter ali4 m fumish-
itrg fiR protcetion and oUur services ($ ]3861, subd (i): § 13862, subds,
~ (a),(t)). The Legislaturo has drelared the local provision of ffrc protection
services to tx "cridcal to the public ttaa, healdt. and safety of the scare" r6
13807) and the flrc Protection Distrltt Law w be "necessary for the public,
health, satery, and welfare" ($ 13804). AccorOingly', the I.egislaturc has said
drat the law "shall be liberally wnswed ro effectuate its purposes. (lbrd)
(Cf., A i.'ew taw. op.citsuprq at Z3; 68 Ops.CaLAtry.Gen, 223,228, supra J
However, the foregoing gr'snrs of authority m flrc protection distsicu in
Lhe Fire ProteLKion Aisvict Law of 1'87 are general and ate mnWlled by the
more specific provisions ofdte State Housing haw. (DanviRt Fire Protection
Dirt. v, DuJfeL supra, 38 CaLApp.3d 241, 247; 68 Ops.Cal.Atty.Gen. 226,
228-229. supra.)
In DanvlfleFirePrareerionDut. v: Du}J'elFinancial & Coua. Co., supra,
38 Cal.App.3d 241, it was held that a fire prorcctipn distritt could not adop[
an ordinance under former section 13869 [now § 1386!, s•4bd (h)J [o teeuire
,~ Afa+n a:e "r~tu: xQ r.Wn rWnLGmw9xal putdioiaF tithe ripnamaulu,"Ina!
ux uaa rvryitarnena,laW rue Lena, Nad'oa aaGc7..idaaad raarY+d R9°u®mu•'ndDAPanY lN['
,cgliifgny,Y"(hat Y(OTO N rC,iM I'r9'Z'r.NGtIVt.{g1 (bt vWtd IIOI P,OV1di! (w PrpM{1p114Y1,IC1.Y11(1
auNonry b adgn Eaild,af wWu4a rhidi 4a mo,e Nilawr Nan rM'aumt Own Yalme,a Wi . firt
oraaaion diwia resold h canaiduea .Rawl ja,4diaim" main Ne mcanml of rW aoadivirpv,, iu
'limited tram of teacswm power ... it M "vnptiaYim . dwiat N We paa d aaY tmae NriWkum"
(Danvab fve leaution Dut, v. Dude/ finx,cint 6 Caurr. Co, rvpro, 58 filApp.ad 741, 74'1), aM va
Mve aew haw tk n:usd atua cover room[ maaen ulna brildint wMakr.
IsJ ATT9RNEY GIIrfltAl: SOI'A'f0Y5 Volumcn
V
cenain heat and smoke detector alarm systems and fin sptitdder s}•stcros to be
inswlled in specific types of new buildings because the requirements of such
were mote stringent than what was requited by the State Housing Law. (/d.,
dI L93, L9a-L4/.) ILIC a311S car alC rWYtg waa uwc uc we N,vw~uvu
requirements of the district were void as the 5eld was wally preempted by the
Scare Housing law." (ld., at 244.) tndeed, the court specifically said that
although the authority of a Fire Protection Dist[itt w "adopt and enforce
reasonable otdinanus for the prevention wd wppression of fires and con-
flagrations and forthe protection and prtxwation oflife and properry against
the fi~rat•ds of fire and conflagration" (tormU § 13869) was broad, it was also
general and controlled by the more specific provisions of sectioas 17922.
17958, and 179585 of the Stain Housing Law. (/d., at 247.)"
in 68 Ops.CaLAtry.Gen 226, supra, we similarly concluded thaethe more
specific provisions of the Stare Housing Law cmmolled over tree authority of
firs pmuction districts m adopt oNiowces, so that despite the language of
section 13864, a tire protection district did not have the authority to adopt an
ordinance requiring the installation of a waterresetvoir atthe time ofcortsatrr
Lion of newbutldingsinthedistrict,lxcausethatwotildimposca mom st.ingent
standatdthan the fire suppression and waterdelivery regtdrements ofdteSraee
Housing law. (Id., at 228.) In fact, to drat opitdon we went futther and said
that the authoriry of fvt protection districts w adopt ord'uwtces "must be
limited ... to arose ordinances not rn conflict wIN any other state law." (Id.,
~, at 229J"
Wharfs true of the authodty offireprotscdondishiar w adoptordirtwces
f6 13861. subd. fhll, would be emtallv rote of Its wthnrity w NMWich nt7.c
and regulations relating w fire protection and other services (g§ 13861(1),
73862(a)(t)). Both grants of authority would be subject w the more specific
provision., of the Smte Hotrsfng Law.
The legislative hiswry othee Fr.I)istrictPro[ection Law of 1987 convin-
ces us that ne Legislature never intended tut protection dtseicts to b_ able w
adopt o rdinancu setting forth building stettdards stricter then those of the state.
As the BRI which enacted that Law (SB SIS) traveled through Ne legislative
process, it was amended several times. As originally introduced, end prior m
t! 4Lv+aerwitmma Wu MtpmaieuWersy fa fwp«mfm dlanw~oedgitpd'woyY
(ra661, arEi. (h))u twomacbro.atYSdmoy[iwrilb rtaeedWn w..dxtrprior"«dn.euudmprY"
..h~ch wu fond m h pampa M war.. taDe.ri4,
" Sy Wo, bl Opt.Cil.AVy.am, 61', aid[ (197[), whwdn we amd,ltbilael iegiab rbe bind
Iee[uyedfama.e.:;oe 13id9,elveprotedion dirvkchdrm.«bo.irynpmhimdrciele Nfue,.«kr
m dr duuia bet .eu vaJd ooonia«ph 8agioeilemdosaoain[9mYUa«a/tlc Say Firtwarkr
L..-era lnati.r•t ..r sx.n ~g +i'.M.wycr~:~Gcd-.icss;~Yr-m.i::s`ww':ww„q.
of fermc ycrien INia, Audi pmide0 Our . d4yta muW beP` a~A aNinwu. «ymluipu u h
do-n,ed pmpr y pyveni fiw «mdlepey«o,e Mpraetim diaria wv pMapiyd 1mm.a°N^[ m
ordinnm requiriot da I«Wleaon d e ]s,atn paai tnw raervoirn,me~umy Mile nmpiyt,
ilory .iN.uainW equipayr, brmu. rwelew W pnaepcd e,c dddefeurwmbae ud rnaerranp
rtcil.t~a•
+?Sb-aes-... ~ .129 ^,.. 2a «..
Sgiw bct 1987 AT70A.~'El'GFAEML'SOPLY(ON5 IDS
ammdmenn made on Apri120, 1987, section l3861,whi; idefinesihe powers
~f a fire orotecion district, contained a subdivision [o include among Nose
powers,one"[[]o adop[ortinances pursuantmSection 17958." Atme~equest
of the California Building Industry Association, me aumor of the legislation
requested an opinion of Legisladve Counsel az m whemu mat would increase
the aumoriry of fire prevention distritts. Legislafive Counsel rcnderad an
opinion on Apri13, 1987 (X 7483) answering in the affumative, saying that Nc
subdivision would increase the existing audtod[y of fire protection districts by
allowing them ro adopt their own, more stringent bWd'mg codes. Opposition
from the California Budding IMUSIry Associadon lcd m [rte deletion of the
subdivision from me Bill. (See, A New t.aw. op. cfr. supra, m pp. 7, 26.)
'"the courts have repeatedly concluded that when Ne Legislature haz
mjeC.ed a apndfic provision which was part of an act whee originally intro-
duced, tM law as enacted should not be cotlswed m cauain filar provision
[Citations.)" (Yenmra v. City ofSanJate (1984)151 Ca1.App.3d 1076,1080)
tt will be recalled that notion 17958 authorizes dtiea and mmttias. () m make
changes in state building standards N applying Nmn m Neir rcspectivc
jurisdicvore az tong az they impose the same rcquiranents az those adopted
by Nc Depattmem of Housing and Community Development, or (i) w make
changes or modifiudoas N Nose requirements forlocal climade, geological
or ropogmotriral reasoru. What Nc aforegoing legisiaave history teaches, is
Nat me Legislature rejected Ne suggestion that Src protection districts be
`- authorized to alter state building startdaNS adopted under the State Horning
Iaw at a11. That would certahdy mean Nat the Legislamrc did not invnd five
protection districts to adopt mom stringent building standards Nan Ne Nose
of the State. (See also, Stars. 1986, rh. 1302, § 1, supra, amending § 189415 J
As we said earlier, "Iwlhat dries and caundes may mgulate wiN regard
to building conswedon standards ... mus[ ix distinguished from the respon-
sibilities of fire protection districrs uMer me State Housing Law." (6S
Ops.Cal.Atty.thn.226, 228, supra) That law imposes upon the chietof any
fro deparmtent or district providing fire protection services, and their
authorized rcpteserrmtives, rite dory of enforcing in melt respective areas "all
o[ dose provisions of [Ne State Housing LawJ;' (§ 17962; ef., § 17966; tfi
Ops.Cal.Any.Gen.1b0, 263465 (1986).) That would include an obligation m
enforce the stne building standards [elating m fire and panic safety promul-
gated by Ne State Fire Marshal (as well as mole of the Ekparmlem of Housing
and CommuniryUevelvpmen[) and published in fire State Building Standards
~C^De. It would atSD ILtC_h,A_ th_ ph6 baHD^. LO C.^_DC~ 3^.y'C. ~' Or q„tlty ^C...nG
because the adoption of Nose local coda is specifically compelled by
provisions of the State Hotlsing Law. (§ 17958.)
Accordingly, we conclude Nat a fire protection district may not adopt
more stringent building regulations Nan those of Ne State Fin Manual.
._. qPR-16-'30 I.ED 16:34 [D:HPLDY ViE]J-91F T[-i x:714 376 2171 h5~ Pei
aad~ new nsy~on
1e, aprll (Rgo
NfNO
70: CNtEF DENNtS NICNAELS
RANCHO CUCANOMCA FIRE pROTECTIION DISTRICT
FROM: BILL RUH, BUILDING INDUSTRY ASSOCIATION
Dear Chief Michaels:
IL is my understanding Chet the Rancnv Cucamonga clro protection
District wfll be asking the City Council for tha C1 ty oT
Rqncho Cucemonge to exemine the possibility of cr4ating a residential
Fire Sprinkler ordinance. Ne 1n the BIA would certainly like to offer
our assistance In he1D[ng to wrfte such an ordinance, and would Look
forward to being a part of ony cvmm(ttee that may be formed either by
the LoUncll Or by the Fire District.
P1Rase let me Knout how we can become involved fn this Drocess.
AesDettfully, ,
Btll R~
cc: Members bf the Glty Council
9lf714aVan ANnYe, SYlae [BO • Nmncln Monwrpa CoNanle 91750 • (714) 945.1 eB4 • ppi (714) 948.9481
:'.4
~',.~