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Home My WebLink About1992/11/04 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. November 4, 1992 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 •a. City Councilmembers Dennis L. Stout, Mayor William J. Alexander, Couneiimember Charles J. Ruquet, Councilmemher Diane Williams, Councilmemher Famela J. Wright, Couneilmember •~+ Jack Lam, City Manager .lames L. Markman, City Attorney Debra J. Adama, City Clerk City Office: 989-1851 PAGE City Council Agenda November 4, 7992 1 All Items submitted for the City Council Agenda must be In writing. The deadline for submitting these Items is 6:00 p.m. on tha Tuesday prior to the meeting. The Clty Clerk's Office receives all such items. A. CALL TO ORDER 1. Roll Ctlil: Baguet _, Alextlnder_,Stoul _, Williams _,and Wright- B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any Issue not previously Included on the Agenda. The City Council mey receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per Individual. D. CONSENT CALENDAR The following Consent Calendar Items are expected to be routine and non•cantroversial. They will be acted upon by the Council at one time without discussion. Any Item mey be removed by a Councilmember or member of the audience for discussion. 1. Approval of Warrants, Register Nos. 10/7/92, 10/14/92, and 1 10/21/92; and Payroll ending 10/B/92 for the total amount of 57,778A90.32. 2. Alcoholic Boverage Application for On-Sale Beer & Wine Eofing Place for Mariscolandia. Ricardo E. Lopez. BB80 Archibald 15 Avenue, Suite G. 3. Alcoholic Bovertlge Appi!cafion for Off Sale Beer antl Wine for Stop N Go Markel, taro & Ttlrshinder Dhillon and Brijwar Grewalh 17 10451 Lemon Avenue, Suite A. PAGE City Council Agenda Novemher 4, 1992 2 4. Alcoholic Beverage Application for '20" Off-Sale Beer and Wine 19 for Shell Oil Company Mini-Market, Shell Oil Company (P-12 Oakland DisiricTi. Southwest comer of Base Llne and Rochester. 5. Approvol to outhorze the advertising of The 'Notice Inviting Bids" 21 for the Park Maintenance Contract for General Fund and Landsccpe Maintenance Dis}rct No. t Parks. RESOLUTION N0.92-278 2P A RESOLUTION OF THE CITY COUNCIL OF THE CffY OF RANCHO CUCAMONGA, CAUFORNIA. APPROVING SPECIFICATIONS ANU SPECIAL PROVISIONS FOR 1HE 'P.ARK MAINTENANCE CONTRACT FOR GENERAL FUND AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 PARKS.' IN SAID CITV AND AUTHORIZING .AND DIRECTING THE CITV CLERK TO ADVERTISE TO RECEIVE BIDS b. Approval of the Park and Recreation Commission's 26 recommendation for their Commission meeting date. 7. Approval of the FV 1992/93 appropriation of S335.000.00 from 40 Account No. 75-4130-9119 to be used }o pay for the Wardman/Bullock Flood Woll Construction. 8. Approval of Bicycle Lane Designation (Phase IIU on Base Llne ql Road from Victoria Park Lane to Interstate 15 and Grant Application for funds from Proposition 116 with permission to construct at a future date. 9. Approval to substitute attorneys and execute contract (CO 92- 56 072) with Kamine, Steiner cnd Ungerer in connection with Gentry Brothers vs C(ty of Rancho Cucamonga. 10. Approvol to release Real Property Improvement Contract and 57 lien Agreement for 6275 Archibald Avenue, located on the east side of Archibald Avenue, north of Lemon Avenue, requested by Constance Danier. (APN: 201-251-35) RESOLUTION N0.92-279 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTI' IMPROVEMENT CONTRACT AND UEN AGREEMENT WITH CONSTANCE UANIERI PAGE City Council Agenda November 4, 1992 3 11. Approval to release Lien Rights related To Re!mbursemeni 59 Agreement for Frontage Improvements for Assessor Parcel No. 2(19-144-06 located on the southeast comer of White Oak Avenue and Anow Route, submitted by Capellino and Associates. RESOLUTION N0.92-280 60 A RESOLUTION OF THE CITY COUNCIL OF THE CffV OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING LIEN RIGHTS RELATED TO REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS FOR ASSESSOR PARCEL NUMBER 209-144-Ob, SUBMITTED Bl' CAPELLINO AND ASSOCIATES 12. Approval to accept Improvements, Release of Bonds and Notice 61 of Completion for Tract 13441, located on the northeast comer of Kenyon Way and Victoria Park Lane. Release: Faithful Performance Bond (Street) S 300AOD.00 Accept: Maintenance Guarantee Bond (Street) 30.000,00 RESOLUTION NO. 92-281 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE Pl18LIC IMPROVEMENTS FOR TRACT 13441 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLERON FOR THE WORK 13. Approval to accept Improvements, Release of Bonds and Notice 63 of Completion for Parcel Mop 11671, located on the soulhwesi corner of 6th Street and Richmond Place. Release: Fpifhful Performance Bond (Street) S1A38.N0.00 Release: Faithful Performance Bond (Landscape) 116.500.00 RESOLU71ON NO. 92-282 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITV OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENT FOR PARCEL MAP 11671 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK PAGE City Council Agenda November 4, 7992 4 E CONSENT OROINANr:FC The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The Ciiy Clerk wilt read the title. Any Item can be removed for discussion. No Items Submitted. F ADVERTISED PUBLIC HEARIN The following items have been advertised andlor posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. No Items Submitted. G. P B I H eaiura The following Items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. L CONSIDERATION OF RECOMMENDATION i0 STAB IsH A SPFFD LIMIT OF 3G MPH ON THE FO OWiN -. FO R STR Tq HI VI \^.r 6S LOOP FROM VINTA ,E DRIV TO VINTAG' DRIVE N THFRI ANDS VIEW LOOP FROA" VINTA E DRIVE i0 VINTA ~ DRIV RRA . VIEW LOOP FROM VINTA. DRIV TO V'NTA DRIV ~ I RRA ['RESI' VIEW LOOP FROM VINTA c DRIV M \ANTAC DRIV AND A SPEED LIMIT OF 45 MPH ON BANVAN STREET FROM HAV ~ AVENUE TO ROCH ST R AV N IF ORDINANCE NO. 503 {first reading) 67 AN ORDINANCE OF THE CITY COUNCIL OF THE CITV OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITV CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS 2. CONS,DERATION O_ F TRF~R MOVAL PERM'T 92.14 -HOW Appeal of the Plonning Commission's decision denying a request to remove two Eucalyptus trees located on the north side of North 76 Victoria Windrows Loop, west of Rock Rose Avenue - APN: 227- 411 d2. PAGE City Council Agenda November 4, 1992 5 3. CONSIDERATION OF FTIWANDA NORTH SP I"I PAN DRAB RESOURCE MANAG"MFNT oLAN - CIN OF RAN^HO ~ AA^ONC ` - 95 Aplan to conserve wildlife resources within the E}iwanda North Specifc Plan area. CONSIDERATION OF FTIWANDA NORTH SPE IFI PAN DRAFT 1NFRASTRUCTLiRE. FACILTIES. AND SERVICES PHA_sIN PAN - CIN OF RANCHO I AMON .A H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. 1. COUNCIL BUSINESS The following (lams have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. REPORT ON'JVISE OPK SCHOOL (MODIFICATION TO CHP 91-77 - l"9LLOWS COMM ININ H lR H1 J IDENTIFICATION OF ITEMS FOR NEXT ME TE INC 135 This Is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identif(ed for the next meeting. k. COMMUNICATIONS FROM THE OIIRI IO This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any Issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. PAGE Clty Council Agenda Novembor 4, 1992 6 L. ADJOURNMENT I, Debra J. Adams, City Clerk of the Cily of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 29, 1992, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. ~NN n w> r~ r N P V r n ar+ ~ P 'Ni Nan ,.1~,,. a iz V 1 m m m• m f m > > N U o • Ow ¢ O •• to \o \ \ ~ 1 ~- r n + Y LLNtl F rmwl W w .tli n < v u0/Ir 6t s 4N c O nO Orn u F\ + <nm mnN m w :NO ~ _ V tlr w _ F n r ff m f l J V ~F~ ¢ r r < nw O Y rS ¢<S wNP? 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Jeid a .............................OIA<. w..--...........-_f«.ipl No. .........._.......... nest 1^ it IS" OCT 21 RECQ U 1. dt 1, nr. ~;1 191992 9 IlllliiiVi n ~ ; ;- ~i~, { _ 1 a ' ~~+~- - our \ Y \l i ~ _ -, a - _~ IIIIIIJ '~. s'~ } to 9 G a r~d F3TH STREET 0 J m C 6 N t4ARISCOLANOtA SEAF000 I MESICAN RESTAURANT flflfl0 Archibald, Ste. f, 6uildinq 1 Rancho Cucamo nqa, CA 91130 APN 209-032-42 Currently Zoned: General Industrial, Subarea 3 of the Industrial Spec ific Plan Zoni nq of ArJjacent Properties North: General lndnsf.r ial, Subarea 3 of the ISP South: fe neral Industrial, Subarea 3 of the ISP East: Industrial Park, Subarea 17 of Che ISP; Low Residential; Cucamonga El mien tor•y Iles t: General Indus trial, Subarea J of the ISP School ~• sasse 10/21/92 ~.::; ~: ?• COPY._...~-dl....~. ~,. AR.RICASION RW uCONOtK RfVRALR IICWff1S) 1. nPElsl Of 4CENSE(31 FIIE NO. - Te. pelmNmmr el Nmhdk Anmvq [allnal REQIPL NO. RIYL9DIOE Oyy FAZE BYE0. A)A) IfINE 6)60]1 SzrmrmnW,. CaH. 93818 GEOWAPHIGL ,.,..m• .............r=., CODE ]5l3 the uMwiyned M.6y applm fw pap r m.r dma,;b.em rang..; Inaed ]. NAME(S) Of ApHICANTI3) iemP. f«m;r OLSIi.O~r Na l ]a[aWndar Applied vM«Sn. 21011 ~ f1leeRn pore; i[fuance ERewn Dwe: OREfAL4r A[SJRaz ], nIE(5) Of fMNSACTION(31 ffE lK. IYPE S 50.00 "20' R 20 RECEIVED .ITY OF W urun 1. Nome el evvaw< ~~r CIryCtEHA x x w ru[tet s. la<exm ar Rm;a«,-N„mb., m,e sn.« OCT 191992 A'9 10111 /2 I S J/ 3 6 Gry ead Zip Cade Cw.ry f RaneM Caca.wpy.fj.-9.17J-_IGeO 10 TA1 30.00 `~ {t 1 A, lE Mmnn lkm«d, ), be Premius ImiM SAwr tyP• of U<mre 20-3119<I Ciry Um1n? TU L MatirN Addrwr pl dAerent Irwn 9-Nmnber aM SMN ~ r r~ n..nl _ lOUe LPPdziaw Or.. Llta Iaa. EJ ft]T _Tp~ 9. Here yev ww bee. <emi<xd d a IaAmYi 10. Nwr yw w« dobkd PM 91 Me pro.iri9m d Are Alroholk _ RmraOe Comrd An w rrovbnom el Are Depammem p.n r9ininy ro He Ad? 11. bpldn n'TES" em.rer ro irem, 0 er 10 an an anmbnenr vAkA Arnll b dwmed pan d 1Air oppGCefim. 12. APylkanr spree. (a) rlgr onY m mqr empbpd M ample f«n<rd Pneim .:II Ran all rM1e 9wlfi<elian< al o li<m ,and ~ (b) IApI M wiR n91 NdaN w m or p«mlr ro M .idald 9ny of IAe pmP_el rAa Akohdl< nr.«a9r Cmnol Ad. ~__ um _ __ ___ __ ____________ IO/1 S_/__9.2__ 1] SLAtF Of CAIIfORNIA <wnry al ._RIYFPSIpL........... .. DeN I _ ~D~TY I ..Y.. ~.rM.. ~~rowv. .w ar.« m \ n ,~.n... f r., u. ,..-.r...w..n.- ... w ..w,.. er ..n.. ,r..n,o-..r > n. u...... _.n .... f e... w U, APPN<ANi SIGN HERE _._. _..__ ___.__._.__..__.....___. .......................................................... 1r(1 APPLICATION RY TRANSRROR i I3. STAY Of GpfOPH1A Cwnry el..RdRYIL ........................... Dore ....... 10/.2L?3........... i .. w.., , ~'~b .,.......a I.mr....., .. ,„.........r.,. ,... a.„...... t < 16. N_ om<Irl el liee_elf) ] SiyneWrtlA~lionnePl _e A 1<enw NVmber(f) . -~ ___ ~. .. .. .. 20-2119N B1 gn b~t C.P. Mrtl'IPMr O[./9. P. ~ ---- ~~T~~°O~,d N nel 19. laa cilf and ZiP Cads cw,nry M 9- On Nof WdN Mlmc TA4 Gne; Far ihfmrfmrnl flue Ody 4A AIM<hed (~ Re<orAed nwi<e, ~( ~ f, ada Pap.q M1 10/1]/92 - .:. ~ ~ --~--... _CORIES MAIlfO __..__ ._ ..... ............ ............ E ,.rxre 11 ~, Mrr.aAfn ol__.._.___.lold w___._ ~~,w 1 1 m.v., I , r ~ 1 ~ 3 e r r r~OWVr~'' ~rGwl LEMO G STq~srcT. v trill --~ I , , ~ , _ 1 ~ r I r r r-'---J Lll"r""I STOP N GO MARKET 10451 Lemon Avenue, Suite A Rancho Cucamonga, CA 91730 A business located within the CHAFFEY PLAZA Property Currently Zoned: Neighborhood Commercial Zoning of Adjacent Properties: North: Medium Residential South: low Medium Residential/Office Professional East: Neighborhood Corranerc ial West: Low Residential W a n ~i'w" I 1 (} sasse 10/21/92 SITE PLAIVi o N COPY~na..~...+...~~.. _~.- -...._ ... I TION IOR ILLCONOFK YY~W tECengsl I. EYPEISI Of LICENSE(S) FIE NO. . iw 0•pala.me of AkehMk Le.•roae Cmnrd IWI N^^dvmY FIC£NSID£ s •20• OE (>ra le Bee[ and Hl na RfCElpl NO, 5^?^il a^n,,..e, cad. PxIE iFe u M v d b b k cEOtonuHKAE : pne w .n y appew r r w•• e.n.lb.d m rwEe.~ I b 2. NAMEISI d ANUCAM(S) Frsr 9/L^~n3 Imp, peemil SHILL OIL COMPANY AppRd uMer s•c ]NW 1® EA.cNy. balm Isswncp fAwin Don: (P-1: oaR land DSetr lct) ]. 1YyE(sl d ieANSAC11pN(SI ~ l10. nrt Ortgf ndl Type 70 (Neu) X100.00 JO ~ Eb.~.Mewn.a .:IIY OF flANCHO CUCAAgNOA 3, lw-odon el eu+inn+-NunMr oxd sln.l SNC S -""-' - " of Baal ne dnd Rachenter ~Yl j 19 <Iry ad Dp Cod. Cwmy Raoctw Ct]caEVga, G 91730 San HRtruralno I H ~ 9 FOI I111211f J~6-f~EN s 13q. 0 HO u. SM1Ow I+•, • I lkem! memlw nrne Ype o NO Gry U:Mnt YES B. ABdR:p Addran f16mlrnn Irpn Sl-NVmbm aM Sn•w rn.N;r+.I 3]Pl E. 0]antl sit Perm 9. Nw• you !.w bw::.emrtl•d of a I•bnyt 10, npn Yov e•p ~ala1M enY of Ih• pp.N:wn of do Aleohdie NO 4••reR. Com.d An > rquloliem al IM dpemmenl pw, loinipq le M• AOi NO 11. F.plwn ^ "rF3" an+.m lu I+em+P w ID en an onoahMmr whi+F +holl b d••m•d purl of Ihi+ appR+aRw., (M1l lbwl M vlll r.oi rlokN er .w+~ p %rmll la M rlWand anY el IM puiiwN M IM AkMaR[ ~t•••mpe Cmrvoi At+.' ' ' •> - 1 l 1] SLA$ Of ~.~Y,~R>ti~ CeumY of ... .........._.._.. _._ _....,.....Oan... _._......_ . _..__._.. ) • - .n W ~ rnrM w:r ~+anr~N pn-^ s:y.%wr ~br .h 1 x :rn r~• ..~ :e R-~ w ~ ~~ - Iv wur-:'r'a r M .,M...n .r r::rr py.n: r n. irnw -~w~~+nv:~+~• :na.:rr:. ..a ~. r SHILL aDIL CUMPAFY II APPIICANI SICN HEEE ..UY'_.... .. ..... ..... .. .... _. _. ._ .. ...... ~0-LIC11t10N RY TlI1NMROR IS. SEUE OF CALIFORNIA Cw:.ry al...._ ............................... oan._._....._.-........-__... rr « .plx µ4µr +++~:N ~ vl ~ ..:M x ~ Yh:! I]i M •aql..+ «:urM w4•~ rl,l Y - +a Iv rx + h -rN ~+, +.:Y M r «w ••rMx.r i +:r rn: -IxM,• P. Arr •r!n• w ~,: e~N.A ~:.r•'n+ M ^+:Ir+, . M :hxn.,:l.. mN+m .n. 4 .nuh•.n +r r.M. h Ia. Namq+) of li_enna(+1 ~.w^M~" r ~ ~_~ VMSIRnam•el+l of lken+»I+1 ~_ 1B. lie nn NumberPl 19. LxoM1en Numbr eM sAaa Cfry o:W tiP cede Cwnh I Do Npl Wnn Relay 7A4 Line; Fm IkpeNaeM Un UJp -- AnwAed: ri emwded :Mk•, fidu[Iay pope^. s ~emu•~ ' ^4mweLMe1.........,hNa._._,_..._.__.._..,___.__,ORn•m.__,.._.._.__. R•al%Ne, .. ~_. _....... __.. j e+w: I ~a~ i ~al I~ yal, ,III - -- -i; UNDER CONSTRUCTION ~ ~ ZONED MEDIUM VACANT LOTS 1 a _~ _ ~ ~ _~ ~ DENSITY RESIDENTIAL ,~ ~E _ _ ..~ I i ~~ . VACANT q/RRENI STA/L'S VNFL AN,NED W >W Q W h WN 2 U O SHELL OIL COMPANY (MINI-IiARKET) SWC of Baseline and Rochester Rancho Cucamonga, CA 91730 Currently Zoned: liedium Residential (Terra Vista Planned Community) Zoning of Adjacent Properties: North: t1edium Residential (Victoria Planned Community) South: Medium Residential (Terra Vista Planned Conmunity) Cast: Low Residential West: Medium Residential (Terra Vista Planned Conmunity) Za lR~n/92 _ ~~ Roao ~ SITE CITY OF RANCHO CUCAMONGA STAFF REPQRT ' ~ , r- DATE: November 4, 1992 TO Mayor and Members of the City Council Jack Lam, AICP, Cily Manager FROM: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer SUBJECT: AUTHORIZE THE ADVERTISING OF THE'NOTICE INVITING BIDS' FOR THE PARK MAINTENANCE CONTRACT FOR GENERAL FUND AND LANDSCAPE MAINTENANCE DISTRICT NO. 7 PARKS. BECOMMEND ION: It is recommended That Ciry Council approve specifications and special provisions for the Park Maintenance Contract for General Fund and Landscape Maintenance District No. 1 Parks and approve [he attached resolution authorizing the Ciry Clerk to Advertise the 'Notice Inviting Bids". BACKGROUND/ANALY^~IS: The subject contract specifications and special provisions have been completed by staff and approved by the Ciry Engineer. The General Fund facilities are Old Town Park, Church Street Park, Hermosa Park, Lions Park, Lions Park Community Center, Rancho Cucamonga Neighborhood Center and the Ciry Yard, The Landscape Maintenance District No. 1 parks are Beryl Park East. 0eryl Park -West and Bear Gulch Park. As discussed during the budget process, the personnel that are presently maintaining these parks are being transferred to the Sports Complex when the Ciry takes over maintenance sometime in January of 1993. Legal advertising is scheduled for November 9, 7992 and November 16, 1992, with the bid opening at 2:CC p.m. on Monday, November 30, 7992. Respectfully submitted, ~~~ /~~~. William J. O'Neil City Engineer ~ WJO:LEH Attachment cc: Purchasing RESOLUTION N0. 9~,.-,~ 7 p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING SPECIFICATIONS AND SPECIAL PROVISIONS FOR THE "PARK MAINTENANCE CONTRACT FOR GENERAL FUND AND LANDSCAPE MAINTENANCE DISTRICT N0. 1 PARKS", IN SAID CITY AND AUTHORIZING ANO OI RECTI NG THE CITY CLERK TC ADVERTISE TO RECEIVE BIOS WHEREAS, it 1s the intention of the City of Rancho Cucamonga to maintain certain improvements +n the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications and special provision for the maintenance of certain improvements. NON, THEREFORE, BE IT RESOLVED that the specifications and special provi dons presented by the Ctty of Rancho Cucamonga be anA are hereby approved as the specifications and special provisions for the "Park Maintenance Contract for General Fund and Landscape Maintenance D1 strltt No. 1 Parks". BE iT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified Tn the aforesaid plans and specifications, wh lch Bald advertisement shall be substantially 1n the fell owi ng words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, Cal lfornia, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the C1 ty C1 erk in the offices of the C1 ty of Rancho Cucamonga, on or before the hour of 2:00 o'clock P,M. on the 30th day of November 1992, sealed bids or proposals for the "Park Maintenance Contract for General Fund and Landscape Maintenance District No. 1 Parks" in said City. Bids will be opened and publicly read Tmnedlately in the office of the City Clerk, 10500 C1v1c Center Drive, Rancho Cucamonga, California 91730, A pre-bid meeting 1s scheduled for 9:00 a.m., November 19, 1992 at 9153 4th Street, Rancho Cucamonga. This meeting is for informing potential bidders of pertinent Information and to answer any questions with reference to this contract. Bids must he maAe on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Did for the Park Maintenance Contract for General Fund and Landscape Maintenance District No. 1 Parks." PREVAILING WAGE: Notice is hereby given that 1n accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles t and 2, the Contractor is required to pay not less than the general prevailing x.2 rate of per diem wages for work of a similar character in the locality in which the public work is performed, an6 not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, upper Level, Rancho Cucamonga, California, and are available to any interested party on request. fie Contracting Agency also shall cause a copy of such detennlnations to be posted at the Sob site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-ft ve dollars (525.00} for eacA laborer, workman, or mechanic employed for each calendar ddy or portion thereof, ff such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herei nbefore stipul ated for any work done under the attached contract, by him or by any subcontractor under him, 1n violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the labor Code as amended 6y Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices mdy be employed 1n the prosecution of the work. Attention is Atrected to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the empioyment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprentlceable occupation to apply to the Joint apprenticeship committee nearest the site of the public works pro3ect and which administers the apprenticeship program 1n that trade for a certificate of approval, The certificate will also fix the ratio of apprentices to Journeymen that will be used 1n the performance of the contract. The ratio of apprentices to Journeymen in such cases shall not be less 4han one to five except: A. When unemployment Tn the area of coverage by the Joint apprenticeship committee has exeeeded an average of 15 percent in the 90 days prior to the request for certificate, or 8. Nhen the number of apprentices to training 1n the area exceeds a ratio of one to five, or C. Nhen the trade can show that it 1s replacing at least 1/30 of its membership through apprentlceshlp training on an annual basis statewide or locally, or D. Nhen the Contractor provides evidence thet he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight Journeymen. The Contractor 15 required to make contrlbutlons to funds established far the administration of apprentlceshlp programs if he employs registered apprentices or Journeymen 1n any apprentlceable trade on such contracts and if aU other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the DT rector of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execu tl on of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of Cal ifornla having to do with working hours as set forth in Divl si on 2, Part 7, Chapter i, Article 3 of the Labor Cade of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-flue dollars (525.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereTnbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or pennltted to labor more than eight (8) hours in violation of said Labor Code, Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements flied in accordance with Labor Code Section 1773.8. The bidder must submit wT th his proposal rash, cashier's check, certified check, or 6ldder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (lOZ) of the amount of sa td bid as a guarantee that the bidder will enter Into the proposed contract if the same 1s awarded Lo him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of Lhe City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, 1f any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond 1n an amount equal to fifty percent (50'X) of the contract price far said work shall be given to secure the payment of claims for any materials or supplies furnished for the perfornwnce of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the Bald City of Rancho Cucamonga far the construction of said work. No proposal w711 be considered from a Contractor whom a proDOSaI form has not been Issued by the City of Rancho Cucamonga. 2y Contractor shall possess a Class °A" License (General Engineering Contractor) or a C1 ass "C-21° License (Landscape Contractor) in accordance with the pravi sions of the Contractor's License Law (California Business and Professions Code, Sectf on 7000 et. seq.) and rules and regulations adopted pursuant thereto at the time this contract 1s awarded. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Ctv1c Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the Cfty Engineer, will be furnished upon appl tcation to the City of Rancho Cucamonga and payment of (35.00, said 535.00 is nonrefundable. Upon written request by the bidder, toDi es of the pl an5 and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonrelmbursable payment of 515.00 to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth 1n the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities 1n lieu of monies withheld (perfonaance retention). The City of Rancho Cucamonga, California, reserves the right to retect any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this _ day of 19_, PASSED AND ADOPTED Dy the Ceuncll of the City of Rancho Cucamonga, Cal ifornla, this day of 19 ATTEST: y e ADVERTISE ON: November 9, 1992 November 16, 1992 25~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE November 4, 1992 TO' Mayor and Members of [he City Council FROM. Diane O'Neal, Management Analyst I I SUBJECT. APPROVAL OF THE PARK AND RECREATION COMMISSION'S RECOMMENDATION FOR THEIR COMMISSION MEETING DATE RECOMMENDATICN The City Council approve the Park ano Recreation's October I5, 199?. recommendation to keep their Commission meeting dale the third Thursday of eac'n month Analysis Each of the C'~Cys Commissions were asked to review their meeting date when the Ci[y implemented the 4/ 10 schedule The purpose in reviewing the meeting da±e was to insure appropriate and timely follow up foncwing the Commission meetlr,g night AC Che Park and Recreation's October I5, i 992 meeting, the C dmml$$Idn re;emmendeC Chelr meeting data rP.maln the third Thursday of each month at 7 p m Attached for [h2 City Counnl's review are copes of an excerpt of the October I5, I99?_ Commission minutes and the Staff Report prepared for thaC meeting. With the Clly ::ouncil~s approval of the Park and Recreation's recommendation tonight, the monthly Commission/Foundation meetings will be as follows Mayor and ~'~~embers of the City Council November 4, 1992 Page Two Planning Commission H~stor,c Preservation Park and RPCreatl0n Public Safety Commission Environmental Management Foundation Second and Four Second Tuesday Third Thursday First Tuesday Fourth Tuesday Third Tuesday th Wednesdays 7 p.m. 5pm 7 p.m. i p.m. 7 p.m. 6'30 p m ctfuil bm ted, Di ne O'Neal Management Analyst I I Attachments, Excerpt October I5, 1992 Park & Recreation Minutes October 15, 1992 Staff Report e2 1 PARR AND RECREATION COMMISSION MEETING OF OCTOBER 25, 1992 EXCERPT (not approved): E2. CONSIDERATION TO CNANGE C010ff33ION 10;6'PING DATE - Chairperson Whitehead stated the options are: 1) to keep the same data; or 2) the second, third or fourth Monday of the month. He said hie preference is to keep the meetings ae is, the third Thursday of the month, as in his business Monday is the busiest day of the week and there may be times when he would be arriving late. Commissioner Mitchell clarified the monthly meeting dates of the advisorl• committees: Sports Advisory Committee - 4th Tuesday of each month at 7:00 p.a.; the Bilingual Advisory Committee - 3rd Monday at 6:00 p.m.J and the Senior Advisory Committee - 3rd Monday at 9:00 a.m. Commissioner Henry stated she discussed this item with the City Manager and the Mayor to gat their position on this issue. She said they gave no indication that they had a preference ae to whether or not the Commission changed meeting dates. Commissioner Mitchell stated the other commissions had a very good opportunity to select their new commission meeting night; she felt that the Park and Recreation Commission was trying to squeeze their meeting in, and, therefore, was in favor of keeping it on Thursday evenings. She said the First Monday is not an option; the third Monday she has the Bilingual Advisory meeting. She said the only good Mondays for her would be the second or the fourth. Commissioner Punter said she, too, prefers Thursday evenings. Commissioner Hahn stated she could Pit into her schedule any meeting date. Chairperson Whitehead stated if City Council feels that it needs to be changed due to the 4/10 work week, he felt a choice should be recommended; however, if they don't feel it needs to be changed, the first recommendation would be to keep the meeting on Thursdays. Commissioner Henry stated that was why she asked the Mayor and the City Manager if this was optional or mandated. MOTION: Moved by Mitchell, seconded by Punter to continue the Fark and Recreation Commission meetings on the third Thursday of every month @ 7:00 p.m. ae in the past. Motion carried: 5- 0-0. ,~~~• ~~ CITY OF RANCHO CUCAMONGA -^^> STAFF REPORT DATE: October 15, 1992 TO: Chair and Members of the Park and Recreation Commission fia0fvl: Diane O'Neal, Management Analyst II SUBJECT: CONSIDERATION TO CHANGE THE PARK AND RECREATION COMMISSION'S REGULAR MEETING DAY At the Commission's September 17, 1992 meeting, staff was asked to continue this item to the October 15, 1992 meeting in order to obtain input from those Commissioners absent from tha September 17, 1992 meeting. The Staff Reports prepared for the August 20, 1992 and September 17, 1992 meetings are attached for the Commission's review. The only amendment to the attached Staff Reports is the Park and Recreation Commission's recommendation will be forwarded to the City Council for their review and consideration after final direction from the Commission. F~espectful ub fitted, Diane O'Neal Management Analyst II Attachments: August 20, 1992 Staff Report September 17, 1992 Staff Report CITY OF RANCHO CUCAMONGA STAFF REPORT w. ~ c. DATE: September 17, 1992 TO: Chair and Members of the Park and Recreation Commission FTiOAA: Diane O'Neal, Management Analyst II SUBJECT: CONSIDERATION TO CHANGE THE PARK AND RECREATION COMMISSION'S REGULAR MEETING DAY At the Commission's August 20, 1992 meeting, staff was asked to continue this item to the September 17, 1992 meeting in order to obtain input from those Commissioners absent from the August 20, 1992 meeting. The Staff Report prepared for the August 2D, 1992 meeting is attached and the only amendment to the Staff Report is the Park and Recreation Commission's recommendation will be forwarded to the City Council for their review and consideration in October, 1992. Respec to Su4jntitted, iane O'Neal //J Management Analyst II Attachment: August 11, 1992 Staff Report CITY OF RANCHO CUCAMONGA --, STAFF REPORT DATE: August 17, 1992 TO: Chair and Members of the Park and Recreation Commission , FRCM: Diane O'Neal, Management Analyst II SUBJECT: CONSIDERATION TO CHANGE THE PARK AND RECREATION COMMISSION'S REGULAR MEETING DAY The City of Rancho Cucamonga implemented its 4/10 Work Schedule beginning July 27, 1992. Tha Civic Center is open Monday through Thursday from 7 a.m. to 6 p.m. and is closed on Fridays. With the implementation of tha 4/10 schedule, all Commission meeting dates are being reviewed for appropriate and timely follow up following the Commission meeting night. As the Park and Recreation Commission is aware, there are no Commission meetings currently scheduled on the last workday of the workweek. The current Commission/Foundation monthly meeting schedules are as follows: Planning Commission Second and Fourth Wednesdays Environmental Management Commission Fourth Tuesdays Public Safety Commission First Tuesday Historic Preservation Commission Second Tuesday Foundation Third Tuesdays The available monthly meeting dates for the Park and Recreation Commission to consider are the second, third, or fourtt; Mondays. The first Monday of each month was not offered as an option because four of those Mondays are observed holidays. ORDINANC2 N0. 318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMINGA, CALIFORNIA, REPEALING CHAPTER 2.52 AND ADDING A NEW CHAPTER 2.52 TO TITLE 2 OF THE RANCHO CUCAMONGA rLJNI CI PAL CODE RELATING TO THE CREATION OP A PARR AND RECREATION COMMISSION 1EE CITY COUNCIL OF THE CITY OF RANCHO WCAI~UNGA, CALIFORNIA, DOES ORDAIIi AS F~.LCWS: SECTION 1. Chapter 2.52 of Title 2 of the Rancho Cucamonga Municipal Code hereby is repealed. SECTION 2. A nav Chapter 2.52 hereby ie added to the Rancho Cucamonga Municipal Code to read. in Horde and figures, ea folloea: "Chapter 2.52^ "Park and Recreation Commisaion^ ^Sectione: 2.52.010 Park snd Recreation Comiaeion CraaLed. 2.52.020 N®berehip -- Number. 2.52.030 Hemberebip -- Poeitione to 6e Non-salaried. 2.52.040 Membarebip -- Length of Tetma. 2.52.050 Membership -- Removal. 2.52.060 Povera end Duties, 2.52.070 Secretary. 2.52.080 Chairperson end Vice-chairperson -- Selection end Terms. 2.52.090 Meetings. "2.52.010 Patk and Recreation Co®ission Craatsd. There is created and eatabl iehed in the City Patk and Recreation Commission. "2.52.020 Memberebio - Numbez. Tha Park and Recreation Commis eion shall caneiet of five members pho shell be appointed by the City Council. Tha Mayor shall submit to the City Council the name of soy person proposed for appointment to the Perk and Recreation Ccmmiaeion, aad upon such appointment by the City Council, the name of the appointee shall be zecozded in the minutes of the City Council meeting. 3Z Ordinance No. 318 Page 2 ^2.52.030 Membershio - Positions to be Non-salaried. Members of the Park and Recreation Cccmrseion shall receive no Bale hwwer, that nothing in this Chapter shell preclude reimbursementp tordany member of the Fark and Recreation Commission for actual and necessary ezpenses incurred in the performance of official dut lea by such commission on behalf of the Ciry. ^2.52.040 Membership - Length of Terms. Of the five pe reone appointed initially to serve on the Park and Recreation Commission, three shall be designated to serve fora term concludi¢g on December 31. 1988 and two shall be appointed to terms terminating oa December 31, 1990 ualeee sooner removed as provided fcr ir. this Chapter. Thereafter, those pe reone succeeding to the offices of the initial appointees to [be Park and Recreation Commis eion shall be appointed for terms of four years commencing on the first day of January neat succeeding each regular municipal election scheduled to occur in November of wen numbered pears. If a veca¢cy shall occur, other thm by aspiration of the term of office, it shell be filled by eppoiatment by the Mayor vith the approval of the City Council for the unezpi red term thereof. The City Council may extend the ezpiring term of arty park and recreation commissioner once for a maximum of six months. "2.52.050 Membership - Removal. Arty member of the Park and Recreation Commission may be removed at any time by a majority vote of the entire City Council. ^2.52.060 Pwere and Duties. The Park and Recreation Commie eion shell act in en advisory cspncity to the City Council vith zecpect to park end recreation facility location, perk site planning and facility design and dwel opment, operation, maintena¢ce and redwel opment of facil itiee, fiscal policy recommendations regarding dwel opmenf prioritise, grants, fees, and f inencing mechanisms for furthering the goals of Y.he Recreation Element of the General Plan. The Park end Recreation Commission shall advice the City Council on all matters pertaining to the provision of a quel ity progr®a of recteation se rvicee end activities for the community, and such other park sad recreation matters ee may be referred to it by the City Council, or brought to its attention by citizens of the community. The Commie eion shell prw ids each edv ice and coneultetion to other City commissions and staff se may be requested of the Commie eion. ^2.52.070 Secretary. The Community Services Direct oz, or his desi gree, shall act ee secretary to the Park and Recreation Commission and shall be the custodian of its recocde, conduct official cozrespordence, and coordinate the cl ericel end technical work of the Park and Recreation Commission in administering this Chapter. "2.52.080 Chairperson and Vice-chairperson Select' n and Terms. The Mayor, with the approval of the Crty Council, shall appoint the first Cheirpereon end Vicr chairpe reon from among the Commission Membe te. The terms of office of the Chairpe reon and Vice-chairperson shall ba for the cal ender year, or that portion remaining after said Chairpete on or 33 Ordinance No. 318 Page 3 Vice-chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of Chairperson and/or Yice-chairperson, the Commission shall elect a Chairperson and/or Vice-chairperson from among its members. The Chairperson shall preside at each meeting of the Park and Recreation Commission and Lhe Vice-chairperson shall preside over such meetings in the absence gf the Ghairpe rson. "2.52.090 Meetings. Regular meetings of the Park and Recreation Commission shall be hetd at such time and place as is determined by resolution of the City Council." The Mayor shall sign this Ordinance and the Lity Clerk shalt cause the same to 6e published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 15th day of July, 1987. AYES; NOES: ABSENT: 1M60 ennis L. Stout, Mayor ATTEST: i" r r, . I ,-~,. l ~ Beverly A! Au thelet, Ctty Clerk I, BEVERLY A. AUTRELET, CtTY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on Lhe 1st day of July, 1981, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of July, 1987. 3`i Ordinance No. 318 Page 4 Executed this 16th day of July, 1987 at Rancho Cucamonga, California. ~ ~~- _ ~. - ~ j Beverly N. Au thelet, City Clerk 3s RESOLUTION N0. 90-193 A RESOLUTION GF Tii F. CiT'i COUNCIL DF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CHANGING THE PLACE FOR HO LO ING REGULAR MEETINGS OF THE HISTORIC PRESERVATION CO!4/ISSION, PARKS ANG RECREATION COmiMTSS ION, PLANNING COMMISSION AND PUBLIC SAFETY COMMISSION WHEREAS, the City of Rancho Cucamonga will be moving to its new office fac ilitie<_ to be located at 10500 Civic Center Drive, Rancho Cucamonga, in June, 1990. NOW, THEREFORE, the City Council of the Cf ty of Rancho Cucamonga does hereby resolve as follows: SECTION I: Regular meetings for the following commissions shall be heid in the Council Chanters at the Civic Center complex located at 10500 Civic Center Drive, Rancho Cu cawnga, California, with respective effective dates: Historic Preservation Commission effective June 7, 1990 Park 8 Recreation Commission effec live June 21, 1990 Pianning Commission effective June 13, 1990 Public Safety Commission effective July 3, 1990 SECTION 2: Said regular meetings shad cantf nue to occur as follows: Historic Preservation Loomis lion first Thursday of each npnth at 7:00 p. m. Park 8 Recreation Conmission third Thursday of each month at 7:00 p. m. Plannfng Commission second 8 fourth Wednesday of each month at 7:00 p. m. Public Safety Commission first Tuesday of each month at 1:00 p. m. PASSED, APPROVED, and AD OPT EO this Sfi th day of May, 1990. AYES: Alexander, Brown, Buquet, Stout NOES: None ABSENT: Wright 3l~ Resolution tio. 90-193 Page 2 Dennis L. Stout, Mayor ATTEST: e ra J. Ad s, CS t I, DEBRA J. ADAMS, CITY CLERK of the City of Ra nc ha Cu czmonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 16th day of May, 1990. Executed this 17th day of May, 1990 at Rancho Cucamonga, California. Debra J. d , CiDeb ra d , t 31 RESOLUTICN NO. 89-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION N0. 84-124 ANO ESTABLISHING A REVISED TIME SCN EOULE FOR REGULAR MEETINGS OF THE PARK ANO RECREATION COMMISSION WH ERAS, the City Council of Rancho Cucamonga, California, does hereby resolve as follows: SECTION 1; The time and place of the regular meetings of the Park and Recreation Commission shall be held on the third Thrusday of each month at 1:00 p. m. at the lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California. SECTION 2: Special meetings may be held in accordance with City policy. PASSED, APPROVED, and ADOPTED this 19th day of April, 1989. AYES: Alexandar, Brown, Buquet, Stout, Wright t10ES: None ABSENT: None r~ ~ ~,i ~~ nn is L, tout, yoga r ATTEST; -~ , everly ~`. Authelet, City Clerk I, BEVERLY A. AUTH EL ET, CITY GLERK of the City of Rancho Cucamonga, Gali forn ia, do hereby ce rtf fy that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Councfl held on the 19th day of April, 1989. Executed this 20th day of April, 1989 at Rancho Cucamonga, California. 3 p " Beverly/A. Authelet, City Llerk RESOWTiON N0. A4-124 A 0.ESOLUTSON OP '[NE Ci'Y COVNC,IL OF THE CIlY OP RANCHO CUCAMONGA. CALIFORNIA, gETTiYL SCNEDIILE FOR REGVIAR MEETINGS OP 111E PA0.R OEVELOPYENt COMN ISSION The City Council of the Cloy of Rancho Cucavonga, bllfo[n1a, does reselve ae fo 11 ovu SgCI[OB t: the elms and place of chc regale[ meet loge of the park Oavelepn<nt ComLalon shall be M1eld on [he [hi rd TTU[sday of each month a[ is JO p.m, ec the Lions Park Camunlty Centeq 9[AI ease Ldne Pnad, Rancho Cuc monga, Gllfornta. $ELTiDN 3: Spec lal neec logs wy be held In accordeme vltM1 C!ty policy. PASSED, APPROVED, end ADOPTED th In Sch day of Jnly, 1994. ATES: Vr 1ghC, guque tq MSkela, Dahl, Ring NOES: tbna AgSERT: Nona D. Mikela, Yyo~ Beverly A~1cnele~ t; C3~y Clark 1~ L 39 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 4, 1992 'R? Mayor and Members of the City Council Jaek Lam, AICP, Cily Manager FROM: Duane A. 6akcr. AsSislant to the City Manager SUBJECT: APPROVAL OF FY 92-93 APPROPRIATION OF 5335,000 TO ACCOUNT NO. 75-4130-9119 TO PAY FOR THE WARDMAN/BULLOCK FLOOD WALL CONSTRUCTION It is recommended that the City Council approve the appropriation of 5335,000 to account 75-4130-9I 19. This appropriation will cover costs associated with the Wardman/Oullock Flood Wall construction project per agreement CO 92-021 with the Caryn Development Company. On April 15, 1992, the City Council approved agreement CO 92-021 with the Caryn Company to pay for the construction oC drainage facilities. In turn, these funds were then placed on deposit with the Cily to be used for the Wardman/Hullock Plood Nall project. That project is now under way and this appropriation will allow us to make payments (or Ihat co nslruclion. For the above reasons, staff is rcyucsling Ihat 5335,000 be appropriated to pay for This necessary public improvement. This appropriation will not affect the general (and and is in fact the Caryn Development Company's money that is being used. Rc cctfully Submittcc- 1, ~ Duane A. baker AsSi Stanl to the City Manager DA13/dab CITY OF RANCHO CUCAMONGA STAFF REPORT DA (E: November 4, 1992 ~ ~ T0; Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mike Olivier, Sr. Civil Engineer SUBJECT: APPROVAL OF BICYCLE LANE DESIGNATION (PHASE IIi) ON BASE LINE ROAD FROM VICTORIA PARK LANE TO INTERSTATE 15 AND GRANT APPLICATION FOR FUNDS FROM PROPOSITION 116 KITH PERMISSION TO CONSTRUCT AT A FUTURE DATE. RECOMIENDATIpI It is recommended that the City Council approve the 6l cycle Lane Grant Application for funds from Proposition 116, for Phase III of the Base Line Road Class II Bike Lane, from Victoria Park lane to Interstate 15 with permission to construct at a future date. BACKGROUND/ANALYSIS Staff has completed the Grant Application requesting funds from Proposition 116, "The Clean Air and Transportation Improvement Act° (see attached copy). The application has been prepared requesting funds for the third of three phases of the Base Line Road Bicycle Lane, from Victoria Park Lane to Interstate 15 (East City Limits). The protect will include pavement widening as necessary, signing and striping, and the installation of bicycle lockers at the existing Park-N-Ride. The protect is estimated to cost f66,700. Phase I, from the Nest City Limits to East of Rochester (see attached sketch) is scheduled for construction for spring of 1993. Phase I is funded by AB 2766 Revenue Funds. Phase fi 1s scheduled to be constructed with the CFO protect for Base Line Road from east of Rochester Avenue to Victoria Park Lane. August 22, 1991, City Council approved Resolution No. 91-231, This Resolution indicates Council's desire to construct a Class II Bike Lane on Base Line Road and the finding of the protect to be "Class I Categorically Exempt" pursuant to Section 15301 (c) of the CEgA Guidelines (see attached). The Grant Application requires approval of the protect and the application by Cc until prior to final approval for consideration for funding. Respectfully srupmZtted, ' Nilltam J. 0' ~~~ City Engineer NJO:MO:Iy Attachment RE9]ISIPICt! htl. 91-2]1 A REQJLVI'IOf! OF 'ILiE CITY COCS1C11. OF ZFLE C1TY OF RANQD C(XPMYX~A, CALIF~I7.YIA, APPFL7JING 1}tl; APPLICATION FW? (37ANI FCIIIfS FOR '.^f£ BASE LINE I3ND MID tTrtrtxzx AVENUE BICYCLE 2RAII, II7I' PRQIDCf LTIDER 'LHE CLEAN AIR AND 71tANSP01SAT1CN IIT~IIIIQ7P ACi' OF 1990 (P17DPCSTiTON 116) A. Recitals. (i) 'fie State of California has w.•~l+a+ the Clean Air aryl Transpa- tatim I~sovemi+nt Act of 1990 (Propesitim 116), whidr provides $20 millim in cant funds, fora period of five years, tc local agencies fcff capital outlay for bicycle igaweopnt projects which impzove safety and convPnieOOe far bicycle oomnrters; and (ii) 'If~e California Tlarspoitatim a>~~4Gim has established the pznaedirzrs and criteria far xeviewiry grant proporals arcl is authorized to allocate grant funds; and (iii) Said proaed<ses and ¢iteria require that the applicant's policy board/body approve the project and Lhe project fiord applicatim; and (iv) Said proae~hses and criteria *~~••+*~ that the appli®rR provide dawnerrtatim that the proje~ is catisistent with an adopted bicycle plan or cisculatim element of a Geroral Plan, orngestim management plan, regional transpactatim plan, trarspoztatim oorctxol measure plan, or other ra3iorwl plan; and (v) ~e applicatim mntairn assurances that the applicant mist coaply with. B. Resolutim. NOW, 2tB>ZFI~E, the City Co~meil of the City of Rarr3» axamongd does hereby find, detexmvie and resolve as follows: 1. 'Rtis ~a~cil desirrs to cvr~truct a Class II Bike Lane m Base Line I~ad and a Class IZI Bike Patite m Milliken Avenue us1R] Pcopositim 116 grant fords. 2. '!?lts cbrmcil hereby ft,.,aa and orrtifles that the project has been reviewed and mrsidered in m'pliarica with the ~lifornia Frrvirorvnerital Quality Act of 1970 (CD]A) and fi Ma the project to be Ct aca Z Categorically FXa¢rt pc¢s>uvrt to Sectim 153tl1(c) of the CD]A Qlidelines. ]. Based i>pm ,a•hara„rl w7 eviderca presented to this ~wnil, includ.irv3 written and oral staff repozts, this COlII1C11 hereby specifically finds as follows: a. 'fie project is ~~sistent with the City of Ran3ro cUCaieorcla's General Plan Master Plan of Trails and Circvlatim El®rnt. b. 'fiat Base Line Finad is designated as a primary zsgiorel trail corridor by the San Berrurdiln Cotarty General Plan. y2 CflLIFORNIR TpRNSPORTRTION COMMISSION PROPOSITION 116 CLERN AIR RND TflflNSPORTRTiON IMPROVEMENT RCT BICYCLE PROJECT flPPIICRTION FDR FY 1992/93 FUNDS PART 1. INFORMATION SHEETS A. Title and Certitication Sheet Applicant Agency: City of Rancho Cucamonga Address: 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 Contact Person: Mike Olivier, Senior Civil Engineer Telephone No.: (714) 989-1862, Extension 2330 Project Title: Base Llns Road Biks Lane, Phaae III, From Victoria Park Lane to the East Clty Limits Project Location County o} Sen Bernardino, City of Rancho Cucamonga CATIA Funds Requested in FY 1992-93: E66.700.00 To the best of my knowledge and belief, the information in this application is true and correct, and I am authorized to file this application on behalf of the applicant. Name & Title: Rick Gomez, Community Development Director Signature: Date: ti3 CRLIFORNIR TRRNSPORTRTION COMMISION PROPOSITION 116 CLERN RIR RND TRRNSPORTRTION IMPROUEMEN7 RCT BICYCLE PROJECT RPPLICRTION FOR FY 1992/93 FUNDS B. Project Summary Fact Sheet Applicant Agency: City of Rancho Cucamonga Address: 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 Contact Person: Mike Olivier, Senior Civil Engineer Telephone No.: (714) 989-1882, Extension 2330 Project Titls: Base Line Road Bike Lane, Phase III, From Victoria Park Lane to the Eaat City Limits Project Location : County of San Betnardlno, City of Rancho Cucamonga ProjegType: Class II Project Description: Construct Phase III of the Base Llne Rcad Class II Bike Lane, from Victoria Park Lane to Interstate 15: including the widening of pavement where necessary and the installation of bike lockers at the Park-N-Ride. This project will complete the County designetetl regional Blke Lane through the City of Rancho Cucamonga. Project Length in miles: 1.82 total miles Project Completion Date: October 1, 1993 CATIA Funds Requested in FY 1992-93: Total CATIA Funds Requested for this project in prior and future years: 566,700 S 0.00 Total Other Funds requested or received for this protect: Total Project Cost: Phase I - AB2766 535,000 Phase II - CFD S 8,000 594,700 Please see attached copy of a map that designates the project and project limits. 4y PART 2. PROJECT SCREENING CRITERIR A. Screening Criteria Applicants shall satisfy the following screening criteria to be eligible for CATIA bicycle program funds. An applicant may satisfy this requirement by providing a single master resolution from its governing board/body for all screeing criteria. If the governing board body has delegated authority for making these screening criteria assurances to an executive officer, general manager, or other person, he or she may certify that the applicant agency satisfies the screening criteria. If an applicant is unable to submit the required resolution/certifications at the time of the application, the applicant shall indicate when the documentation will be submitted. Tho screening cr'teria are listed below: 1. Statutory Eligibility -Does your agency/project meet the statutory requirement to be eligible for CATIA funding, pursuarrt to section 99650 of the Clean Air and Transportation Improvement AIX of 1990? [X] Yes (]No 2. Policy Board Approval -Has your agency's policy board/ body approved the project and the project fund application? [X] Yes []No 3. Financial/Management Capacity -Does your agency have the resources and the financial capacity to construct, operate, and maintain the project, and will your agency operate and maintain the project until at least 2010? [X] Yes [] No 4. Timely Use of Funds - III your agency be able to expend the state bond proceeds approved for your agency for reimbursements of eligible capital costs within 24 months of the close of the bond sale and reimbursements of eligible right-of-way acquisition costs within six months of the close of the bond sale? [X] Yes [] No 5. Commuter Use - If the project is a new Class I Bikeway, has your agency documented a mehtod for determining the! the bikeway will be principally used by bicycle commuters? If yes, please provide a description of the method. [X] Yes [ ] No k5 6. Environmental Documentation -Has your agency completed, or will it complete prior to allocation of state funds, the required environmental documentation, pursuant to the California Environmental puality pct (CEDA)? [X] Yes [] No 7. Design Standards - If the project is a bikeway, is it or will it be designed in con}ormity with the standards set forth in chaplet 1000 of the Highway Design Manual, "Bikeway Planning and Design"? [X] Yes [] No y ~o PART 3. DESCRIPTION OF PROJECT Section 1. Project Description a. The Base Line Road Bike Lane will provide an east-west Class II Bike Lane, a distance of 0.86 miles, through the heart of the City's residential area. I[ will be constructed in three phases. Phase I will extend from the West Ci[y Limits ;City of Upland Connection) [o Day Creek Channel, a distance of 5.0 miles. It is currently under design and scheduled for construction this fiscal year, 1992-93. Phase II of the bike lane will be completed in conjunction with [he widening of Base Line Road from Day Creek Channel to Victoria Park Lane, a distance of 0.5 miles. The construction of Phase II will be funded through a Community Facilities DisVict which being formed. The estimated time for completion of construction is September 1993. Phase III will complete [he "cross [own" inter-city bike lane network between the Cities of Upland, Rancho Cucamonga and Fontana; along Base Line Road. [t will serve commuter traffic by providing easy access to the Park-n-Ride lot a[ the Interstate 15 / Base Line Road Interchange. Included as a part of Phase III construction will be the installation of bicycle lockers at the Commuter Park-n-Ride. Funding for this project from [lte Proposition 116 Program will enable this goal to be a reality. b. Each of the three phases of the Base Line Road Bike Lane Project will 6e constructed using the services of private contracting companies which will be selected through a competitive bidding process. c. Please see attached maps and project drawings for limits of phasing, location< of neighboring cities, Park-n-ride Facilities and community activity areas. SECTION 2. Project Scoring Criteria 1. NEED a. The Base Line Road Bike Lane will be the City's first major designated Bike Lane. It will also extend the Class III Bike Route in the westerly City of Upland through the City of Rancho Cucamonga, to a future connection in the City of Fontana. This will complete our City's portion of the Base Line Road Bicycle Lane which is designated ~7 as a primary regional bicycle Vail by the San Bernardino County General Plan. In addition, it wilt tie existing local bike lanes in the Planned Communities of Victoria and Terra Vista to the rest of the City and neighboring communities. b. This project, due to its central location, will provide a very high degree of service to bicycle commuters. Existing facilities along Base Line Road include: the forty acre Red Hill Park, Alta Loma High School, the Alta Loma Branch of the San Bernardino County Public Library, Lyons Park, a Commuter Park-n-Ride, several local shopping centers, three mobile home parks and a senior citizen center. Additionally, there are many future facilities planned along Base Line Road including: the 100 acre Rancho Cucamonga Central Park with City Library complex, the Victoria Lakes Recreation Center and a Regional Shopping Mall. Two of the City's planned communities border Base Line Road. These aze Terra Vista to the south and Victoria to the north. Links to the three City High Schools from Base Line Road are in the proposed multiple year City Budget. The City also has the construction of the Milliken Bike Route scheduled for this year which will provide access to bicycle commuters from Base Line Road south to the future Sports Complex. The Sports Complex will house the professional minor league baseball team known as The Quakes. It will be the location of many community activities, with several additional pla}'ing fields for baseball and soccer. c. The City's General Bikeways Plan proposes a network of bike lanes to serve the entire community. This plan provides over 100 miles of bike tra+I~ and paths at build-out. The Base Line Road Bike Lane was selected due to it's central location for residents and the accessibility to many of the City's community service and activity centers. Additionally, it will extend the existing class III bike route, within the City of Upland, through the City of Rancho Cucamonga to the limits of the City of Fontana. It will provide commuters with a safe route to the City's only Park-n-Ride lot at interstate t5 where bicycle lockers will be provided for commuters. l~ z. corrvElr>E,*rcE a. This 3-phase project eliminates deterrents to bicycle commuting through the use of striping, signing and pavement widening and introduces the first major designated bike lane in the City. At present, Base Line Road serves as a major vehicular transportation corridor in the City of Rancho Cucamonga. By providing a designated safe and suitable lane, bicycle commuting will be encouraged. b. Due [o it's central location, the proposed bike lane provides direct access to many of the City's existing or future activity centers, schools, and shopping. The location provides access to varied and numerous facilities that are educational and entertaining. It promotes commuter use as opposed to recreational use because of its link to citizen needs; job commuting and shopping. Additionally, it is reasonably accessible to most residents being located in the heart of the residential area. c. The Base Line Road Bike Lane will provide the first major link for bicycle commuters to the City's activity centers, schools, and shopping centers. It will effectively network with the existing bike lanes within the Planned Communities of Victoria and Terra Vista and the two Cities of Fontana and Upland. The centralized location of the bike lane, virtually bisecting the city into north and south areas, will cause it to serve as a spinal cord from which all other trails can be coordinated, connected and accessed. d. This project will provide an ideal opportunity for intermodal trips. The community will be able to access the Commuter Park-n-Ride by [he Base Line Road Bike Lane and commute from there to their respective place of business. The Bicycles may either be transported with owner from the site or stored in the lockers to be installed at the Park-n-Ride as apart of this project. 3. SAFETY a. This project will reroute bicyclists from unmarked side roads to Base Line Road which will be a class lI bike Lane. The Class [I Bike Lane will encourage bicyclists to use the designated bike lane where they will be provided their own area to ride and be in clear `1~ view of the motorists. Motorists will be aware of the bicyclists and expecting them within the bike lane, thereby reducing possible accidents or hazards. b. This project will direct bicycle commuters off of unmarked possibly hazazdous side streets on to a designated bike lane. Motorists wilt be conscious of bicyclists due to the bike lane signing and striping. c. This project will provide security to reduce theft, damage, of vandalism of the bicycle and accessories by providing access to existing bicycle racks at shopping areas and community centers. Additionally, for commuter piece of mind and bicycle security, it is the intent of this project to have bicycle lockers installed at the commuter Park-n-Ride. 4. FUNDING CONSIDERATIONS a. The estimated cost for this project will be compazable to similar projects constructed in other urban areas. b. The funding for Phase I of the Base Line Rcad Bike Lane will be provided by the City of Rancho Cucamonga this fiscal year 1992-93. Phase Ii will be funded through a Mello-Roos Community Facilities District Construction of Phase II is expected to be completed by September 1993. The funding for Phase III, except for design, will be from Proposition 116. Phase III of the project will be the only phase [o require significant road widening. The percent of the total project cost from supplemental funds is expected to be 30`90, due to the extensive work required in Phase III. c. The City of Rancho Cucamonga has had a county wide trail program included in it's General Plan since inception. The development of storm channels and residential neighborhoods have incorporated alternative modes of transportation. The culmination of this visionary goal was the approval of the City's Trail Implementation Plan. The City has applied for grant monies and received partial funding for Base Line Road, Phase I and for Milliken Avenue Bike Route. These are a start in linking existing residential bike paths with county wide facilities. 50 5. LOCAL SUPPORT a. See attached letters of support for this project. b. The Trails Committee, from its inception, has held public hearing and solicited citizen input trough newspapers, the City Newsletter to citizens and canvasing. The participation has been rewarding in that [he plan has been able to address varied interests acrd a well structured crossection of goals (see attached copy of the Trails Implementalion Plan). SECTION 3. PROJECT STATUS Phase I of the Base Line Road Bike Lane has been designed and is currently under first review. Phase II of the project is under design as a part of a Community Facilities District. Phase III is presently under design. It is estimated that design will be complete by !anuary 1993. PART 4. PROJECT BUDGET 1. Breakdown of Base Line Road Bike Lane, Phase III, project costs PROJECT COST Engineering/Design Construction/Rehabilitation TOTAL PROIECI' COST 91/92 92/93 93/94 $ t 2, 000 $66,700 $12,000 $66,700 PROJECT REVENUES General Fund Slate: Proposition 116 Funds TOTAL PROJECT REVENUES $12,000 $66,700 $12,000 $66,700 2. This project's cost estimates are based on previous construction projects and developer sponsored bike lane projects. .s PART 5. ENVIRONMENTALDOCIJMENTATION Status of environmental clearance Appropriate Actual or Estimated Environmental Document Completion Date Categorical Exemption August 22, 1991 Notice of Exemption November 1492 PART 6. PROJECT CONSTRIICTtON/ QvIPI.EMEhTATION SCIIEDULE Environmental Assessment Preliminary Engineering Pinal Design Con s trot tion/Reh abi 1 nation Begin Work Complete Work (Month/Year) (Month/Year) August 1991 November 1992 August 1992 November ]992 November 1992 January 1993 September 1993 October 1993 Sz Notice of Exemption To: Y. Office of Planning ar.d Research 1300 Tenth S cee:. Room 121 Sxamcmo, CA 958!3 ' Co~.;n;y Clark Cewly of Sn+. 9e rr.a: c:no Project Title: 3ase Line Road Bike lane, Phase III Project LOCatlon•Speelfle: a=ce *_ro ~~.~~ nA^x=P^ Victoria Fa rk Lane and In[e rs [a [e 15 Project Locallan • Clty: Rancho Cu canonca Project LOCatIOn • COUnty: Ear Fla rn and i,o De3ctlptl0^Ot Project: u't^c grant ford=_ fmw t+~_ Clea^ Air a^d ^-a~a^^re a~io Inp A ~9^ Ct ass II ~i4 Fine nn Zase Linr PnaT Name or PuDllc Apenry Approving Project: - Name Of Pef3On or Agency Carrying Ovt Project: city of Hanchn Cucamonca Exempt Statue: (check one) Ministerial (Set. 21080(b)(i): 13268): ^ Declared Emugeney (Sec. 21080(b)(1); 15269(a)); r'~ Emergercy Project (Sec. 2108O(bH<): I3269(b)(c)); ~l Gmgorinl Exemption. Staoe type and axtion mtmtar. Ciass 1 Ex.stir.c Facilities 157o1(e; Suonory Exanpaom. Scare code number. FIe3Ona why project if a%empt: Minor alter ation to axis tine streets to install Load Agency Contact Perron: Mike Olivier Am Code!['ekphatu/Exmruan: (7l U) aAo-+F67 exr Iii. !f filed by applica0t: i. Aoxh ceru<W document of exemption finding. 2. Flat a nonce of exeTpuon been filed by the pubic agtxrcy approvini ~ PaJcctl Q Yp ^ No Signauue: `~•~ .. Date: Tltk: t~rti.ar ~s=1 F-=^'-~- S,gned by lead Agency Dam fecuvcd for filing u OPII: APPenaixt From;!R:bhc ABeocvl ri -~_~ ~- ~.•^- +%Sr^ rim. eP H_~r cho r.._ ^a. _!r3^ _ u Signrd by Applicant C~ J Rrvura Onnnr :~~ ~ To City of iTpland Cucamonga Vineyard Avenue Senior Center Red Hill Park ~„ Public Library & `_ Lvons Park Center School LOCATION M.AP Center Terra Vista ;Planned ;Community ~ Avenue r i Commerdal , Center ~ !~ r Cr/1 Sports Complex :...1 J.... Day Creek ] Victoria Lakes Regional Park Regional Mall uuw Inte+sta "`_te 18 Home Parks ~_ D~~ k ~; too Wore Corkrwn '. Park 8 Libras Cor ..... ~ r Victoria Planned Community r Bike Trail Park Lane Bike Lane i Park~N-Ride To City of 5'~ x z H x Hy ~C O y ^O^ ll ~^^ ll ^~ 4, Vineyartl Ava, Ave. H¢ven Ave. M illik¢n Ava. H rl CITY OF UPLAIv'D _~~ W w r N• -~ b Day Creak Channel ~` ;z 19 ~£+ , Vlctorl¢ Park ene Easl Ave. i~ SFAS W CITY OF FONTANA .SJr JAM[[ L. MAR UX 9Eq ONE CIVIC C[NTCp CIRCLC A:YO RL•N v, nR LO% IO SO RALIM 0. NAN OR[A. CALIIORNIA alert-IOC9 J[lrpcr xiu ! lAl ..u.c,a~ a cqua roe s TRVNON[ tl nd cRl-call XA pTXA GCIS WILLIAM ! Cu NMtNw 6 ft •lu rOpM a: COVL[VARO SVITF t00 .,u ttA A R[N• LNO CIICAMON 6 A. Cw LIkOa NiA a~)DO GAN CIA P MIN (( 0~ '11 w 4 0 TCL[PN ON[ f • a t `I tlel 3 [ Ip pGP LY PLCAYC RCILR f0: o Cucamonga ~~~ &,~' RNAN <S Yni RI 60N 0 LCR GAT!CRSON RL[Y II. OVON RAN 6 October z9, 1992 ^__-` Raneh ftonorabl• Dannia Stout, Mayor Members of ten City Council CITY OF RANCHO CUCAMONOA 10500 Civic Center DrSVe Rancho Cucamonga, California 91730 Reference: Qantrv Hroa. v. city of Rancho Cucaroonq~; Cross-complaint re C~.CY.3L..89t?ichq Cucamonon v. Cucamonga w@t~ Distriot San Bernarflino County court No. RCV 059489 Dear Mayor Stout and Council Members: As you am aware, our Pirm presently represents the City in a matter involving Gentry Brothers. The case is being handled by Honnia Bailey-,zones, of our office. It has coma to my attenticn that the City has filed a Cross-complaint against Various companies, which include the Barmakian Company. Approximately thirteen years ago Z represented and worked with the earmakinn Company on some legal issues. Under Professional Ru lea of Conduct, Rule 3-310(D), I would feel more comfortable if our firm does not continue representing th• City on this matter. Although I do not believe that our continued representation would be violative oP the rule, I would nonetheless preler staying away Lrom the gray area. 5(~ Aonorable Dennis Stout, Mayor Members of the city Council CITY OF RANCNO COCANONGA October 29, 1992 Page TWO I very much apologize !or this inconvenience. It is my understanding that MY. Arozynski has been in touch with the firm or Kamine, Steinez, Ungerer, for continued representation and that they will be, or have been, in contact with Linda Daniels. Thank you very IDUeh for your courtesy. Sincer /~ N1~If B ILEY' NES for JEFFREY KING .~~' 01 "i °I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 4, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Ntll!am J. O'Neil, City Engineer BY: Mike Olivier, Senior Ctv11 Engineer SUBJECT: APPROVAL TO RELEASE REAL PROPERTY IMPROYEMENT CONTRACT AND LIEN AGREEMENT FOR 6275 ARCHIBALD AVENUE, LOCATED ON THE EAST SIDE OF ARCHIBALD AVENUE, NORTH OF LEMON AVENUE, REQUESTED BY CONSTANCE DANIERI (APN: 201-251-35) It 1s recaauended that the Council adopt the attached Resolution releasing the Real Property Improvement Contract and Lien Agreement, and authorizing the Mayor to sign said release and the City Clerk to record same. BAdCBROUMD/ANALYSIS A Reai Property Improvement Contract and Lien Agreement was approved by Council on November 6, 1986, and recorded on November 24, 1986, as Document No. 86-355441, in the Office of the County Recorder, San Bernardino County, California. The Agreement was for the installation of certain public improvements including, but not limited to curbs, gutters, drive approaches, sidewalks and street pavements along their property frontage on Archibald Avenue. The Improvements were completed and accepted by the City 1n 1986. The Lt en against this property has been paid for 1n full thus fulfilling the requirement and eliminating Lhe need for the Real Property Improvement Contract and Lten Agreement. Respectfully submitted, `~ .c !_ William J. O'Neil, City Engineer NJO:MO:sd Attachment RESOLUTION N0. ~/~_ a ~ g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RELEASING A REAL PROPERTY IMPR04EMENT CONTRACT AND LIEN AGREEMENT WITH CONSTANCE DANIERI WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. B6-30I accepting a Real Property Improvement contract and Lien Agreement with Constance OanierT. WHEREAS, said Real Property Improvement Contract and lien Agreement recorded in Official Records of San Bernardino County, California, on November 24, 1485, as Document No. B5-355441; and required. WHEREAS, said Real Property Contract and Lien Agreement is no longer NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE and release said Real Property improvement Contract and Lien Agreement and that the City Clerk shall cause Release of Lien to be recorded 1n the Office of the County Recorder of San Bernardino, California. 5 -- CITY OF RANCHO CL'CAMONGA - STAFF REPORT DATE; November 4, 1992 '=~ T0: Mayor and Members of the Ctty Council '~ ~- Jack Lam, AICP, C1 ty Manager FROM: Nilliam J. O'Neil, City Engineer BY: Jerry Oyer, Associate Engineer SUBJECT: RELEASE OF LIEN RIGHTS RELATED TO REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROVEMENTS FOR ASSESSOR PARCEL 209-144-06, LOCATED ON THE SOUTHEAST CORNER OF NHITE OAK AVENUE AHD ARRON ROUTE, SUBMITTED BY CAPELLINO AND ASSOCIATES RECOMIEMDATION It is recoamended that the City Council adopt the attached resolution releasing lien rights related to Reimbursement Agreement for Frentage Improvements for Assessor Parcel w 209-144-06, and authorizing the Mayor to sign said release anA the City Clerk to release same. BACKGROIIID/ANALYSIS A Reimbursement Agreement for Frontage Improvements was approved by the City Council on December 4, 1985, and recorded on December 18, 1985, as Document No. 95-322765 to the office a' the County Recorder, San Bernardino County Callfornla.The Reimbursement Agreement stipulated that the Developer (Daon Corp.) on the north s!^_e of Arrow Route is to be reimbursed for the cost of excess Arrow Route lmprovaments from future developments on the south Side of the street. Cape111no and Associates has paid the sum of 55,194.69 for Assessor Parcel No. 209-144-06 for their share of the reimbursement fees thus, obligating the City to release the lien related to the reimbursement agreement. Respectfully subm(7tted, /~ %~~G~ Ntlltam J. O'Neil City Engineer NJO:JD:jh Attachment RESOLUTION N0. ~a - ~ ~ 'v A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING LIEN RIGHTS RELATED TO REIMBURSEMENT AGREEMENT FOR FRONTAGE IMPROYEMENTS FOR ASSESSOR PARCEL NUMBER 209-144-06, SUBMITTED BY CAPELLINO AND ASSOCIATES WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 85-328 ac=epttng a Reimbursement Agreement for Frontage Improvements from Daon Corporation ;and WHEREAS, said Reimbursement Agreement for Frontage Improvements was recorded in Official Records of San Bernardino County, California, on December 18, 1985, as Document No. 85-322765 ;and WHEREAS, portion of said Reimbursement Agreement for Frontage Improvements for Assessor Parcel Number 2tl9-144-06 are no longer required. NGW, THEREFORE, DE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release lien rights reiated to said Reimbursement Agreement for Frontage Improvements from mentioned parcel number (see attached exhibit "A") and to be recorded 1n the office of the County Recorder of San Bernardino County, California. ) ~ CITY OF RANCHO CUCAMONGA STAFF REPORT ~. DATE: November 4, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Steve M. Gtlltland, Public Works Inspector ~~'~, SUBJECT: ACCEPTANCE Of IMPROVEMENTS, RELEASE OF BONDS ANO NOTICE OF COMPLETION FOR TRACT 13441 LOCATED ON THE NORTHEAST CORNER OF KENYON NAY AND VICTQRIA PARK LANE RECOMMENDATION: The required street improvements for Tract 13441 have been completed 1n an acceptable manner, and ft is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 530,000.00, 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 5300,000.00. BACKGRDUND/ANALYSIS Tract 13441 - located on the northeast corner of Kenyon Nay and Victoria Park Lane DEVELOPER: Grupe Development Company, Southern California 940 South Coast Drive, Suite 260 Costa Mesa, CA 92626 Accept: Release: Maintenance Guarantee Bond (Street) S 30,000.00 Faithful Perfornmnce Band (Street) 5300,000.00 Respectfully submitted, William J. O'Nfliy City Engineer NJO: SMGay Attachment RESOLUTION N0. ~p?'p~p~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, gCCEPTING THE PUBLIC IMPROVErffNTS FOR TRACT 13441 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK NHEREAS, the construction of public lnprovements for Tract 13441 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion Ts required to be filed, certifying the Bark complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer is authorized to sign and file a NotTCe of Completion w/th the County Recorder of San Bernardino County. ~v2 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 4, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Ntlliam J. O'Ne11, C1ty Engineer BY: Steve M. GT1111and, Public Norks Inspector II,;-, -i~~ SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR PARCEL MAP 11671, LOCATED ON THE SOUTFAIEST CORNER OF 6TH STREET AND RICHMOND PLACE The required street improvements for Parcel Map 11671 have been completed 1n an acceptable manner, and it is recommended that City Council accept said improvements, authorize the Ctty Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of f1,43A,000 and 116,500. BALK6NOUND/ANALYSIS Parcel Map 11671 - located on the southwest corner of 6th Street and Richmond P1 ace DEVELOPER: M1sslon Land Company 1150 N. Central Avenue, Su1te D Brea, CA 92621 Rel ease: Faithful Performance Bond STREETS 51,438,p00 LANDSCAPE (116,500 Respectfully submitted, Nitliam J. O'Ne11 City Engineer ~ NJO:SMG:sd Attachment RESOLUTION N0. G~a,. ~' ~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11671 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE N!`-RK WHEREAS, the construction of public improvements for Parcel Map 11671 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the Ctty Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County, ~y CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 4, 1992 T0: Mayor and Members of the City Council ' Jack Lam, AICD, City Manager FRDM: William J. O'Neil, City Engineer BT: Paul A. Rougeau, Traffic Engineer SUBJECT: RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 30 MPH ON THE FOLLONING FOUR STREETS: HILLVIEN LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE; NETHERLANDS VIEN LOOP FROM VINTAGE DRIVE TO VINTAGE DRIVE; TERRACE VIEN LOOP FROM VINTAGE OR IVE TO VINTAGE DRIVE; SIERRA CREST VIEN !OOP FROM VINTAGE DRIVE TO VINTAGE DRIVE AND A SPEED LIMIT OF 45 MPH ON BANYAN STREET FROM HAVEN AVENUE TO ROCHESTER AVENUE RECONEMDATION IL is recommended that Section 1020.020 of the Municipai Code be amended to provide fora speed knit of 30 MPH on the following streets: 1. Hiliview Loop from Vintage Drive to Vintage Drive 2. Netherlands View Loop from Vintage Drive Lo Vintage Drive 3. Terrace View Loop from Vintage Drive to Vintage brlve 4. Sierra Crest Yiew Loop from Vintage Drive to Vintage Drive And a speed limit of 45 MPH on Banyan Street from haven Avenue .o Rochester Avenue. BACKGROUIm/ANALYSIS Section 22357 and 22358 of the California Vehicle Code allows clues to set speed limits 1n accordance with specific Engineering surveys to order to more precisely establish the "Reasonable and Prudent" speed requirements under basic state speed law. This speed then becomes the basis for enforcement, eliminating the extreme discretion which otherwise could occur. Such a survey, less than 5 years old, is also required where radar is used for enforcement. A survey as required above has been conducted on Hiliview loop. The rest of the three loops Included are alnost Identical and consists of the same features and improvements. Although these loops serve the residential area, but do not fall 1n the category of residential streets. The survey Involves the determtnatlon of the prevailing speed of existing traffic by the use of radar. An analysis of the recent accident history and a search for any conditions not apparent to drivers which would require a reduced speed. The result of this survey is summarized to the attached table. CITY COUNCIL STAFP REPORT SPEED LIMIT NOYEMBER 4, 1992 PAGE 2 After revtew of the results, it was found that the safety record of the loop streets is very good and there are no unusual tondltions not apparent to drivers. H111 vi ew loop between Yi ntage Drive to Wntage Drive: • MaJ ortty traffic speed 24 to 33 MPH • Prevailing speed of 33 MPH The Hiliview Loop has intersecting streets and a character evident to drivers, thus the observed prevailing speed must be the predominant consideration in determining the speed limit. A survey has also been conducted on Banyan Street between Haven Avenue and Milliken Avenue which indicates speeds as below. • Ma,{ority traffic speed 44-53 MPH • Prevailing speed of 53 MPH The above item was discussed in the Public Safety Camdsslon Meeting held on October 12, 1992, please see E1 of Commissions Minutes. CONCLUSION A speed limit should be established that would De considered reasonable by most drivers on the street and still provide far effective enforcement. A speed limit such as this is set at, 1n most cases, the first 5 MPH increment below the speed at which 85E of the drivers are going. The proposed speed limit is expected to be exceeded 6y 20% on Hill view Loap, however, the limits should provide an effective tool for Law Enforcement due to the circumstances under which they will be in forte. Also as approved by the Public Safety Commission 1n the meeting held on October 12, 1992, which recommended that the speed limit be set at 45 MPH on Banyan Street from Haven Avenue to Rochester Avenue. Respectfully sub ted, )~ ~W~ N1111am J. 0'Ne 1 City Engineer NJC:PAR:Iy Attachment cc: George Yankovlch, Chairman, Public Safety Canmission ~~ W ' L ' L ' O ' ~ 11' JW •Z il~ ]o iii xdm ~o cw 1[ N ]~. W' Y 'U F' .¢'z' ivui C U u 6 I P Y- ~ 6 fi Ott' lP i ]"V - 6 [PVI ^61 ~O I JPUI TV C~6i GI W W I JWI ``-i H~ ~¢wi ~WGI 1JNY a I `wi ~aY NNY m v •OJY J~WY Yea. .~~ N T O lYl ~SY SWI N U G J 1t~t~• c T tr •t# •~ N O O O O C m P C N i z O .~i N M W V } A .~ r , W i~ J Z ti_ J CITY OF RRNCHD CUCRMGNGR SPEED DRTR REDUC7i ON F'ROSRRM N & 5 ON HILLYIEW LODE' VINTRGE - VINTRGE GRTF, OF SUkVEY - THURSDRY B/2!.i 38 DEVELO PMENT RES TIME 4:00 - 5:110 FOS7ED SPEED LIMIT N.F. STREET WIDTH SE' VEHICL ES DESERVED 5C1 50TH PERCENTILE SPEED c9 RRi~IGE CP SF'F..EDS 20 TG 37 85TH PERCENTILE SPEED iV MF'H F'RCE SPEED c4 TO ,,., PERCENT IN F'RCE SPEED 9c:. C10 5TRNDRRD DEVIATION ~.:-~ SPEED NUM RL'CiJM F'ER- !MF'H1 EER PERCT F'ERCT CNT5 +- ---+----a----+----+----+----+--- -+----+ En ! c.lili ? 60 300 ......... .......... .....+ c'1 'J ii, il6 ~. 00 - .. - =c il,ial ~. 06 S5 .. 1 .__. CIO 4, ilil - - c4 c, n0 B. O6 3n + -= E 12. nil 18. Oil - - cB - iii. il!i ~A, 00 85 + 27 4 8. 6c1 3E. OO - - EB 4 S. 6(i 44. Oil &) .. ~ 29 4 B. i10 5c, i10 - _ 3C1 14 cB. Cr(i 80. O0 75 + 31 it C1, nil 90.00 - - 3c 4 B. Ot) 9H. 00 7!i 33 4 8. 00 9E, 1;16 - - ;;4 P 1i.!i0 9E. 00 65 +' 35 1 c. OCI 9g, i10 - - 3E 0 ,i. OO 9B. 611 5i~ + ,i7 1 c. 6.! 10i1, <.10 - - 3B 0 j, ilCl 100.00 55 + 39 i1 n, 0O 1170. 00 - - Gli O O, pO 1!i6, lili 50 + 41 iI. CIG InO. Cli.l - - ryiJ f,' 11. 61;1 j I IIJ, 1;16 4.ci + 43 11 Il, llil lilll, (,I(1 - 44 0 iI, OO i!i1j, i,rO 46 +' 45 i 1 i 1, 00 100. 00 - - v6 CI ..60 llj0. 00 .35 + 4% 0 0.00 100. 00 - - 4B 0 0.00 1Cili. iu) 30 + 4'j ;1 1,1, 11i 1 111C1, 6(1 - - jll i I, 1111 1111J, 111) G.] + 51 _ O, (rl.l j 61,1, 6(1 - ~j ~ (I ~,I(I j 1.1 fl, 1111 - ' ~i4 ! 1111,1, ill;l 1J ~' _, i. 1111 1•.11?, il(1 - JF I I _ 1)11 j 1_11:1, IjII 11,E + J7 11 i1, 111} jt.li 1, 111,1 - - JF] 11,111, 1 II,1 J ~' 5'R 1;1 .,I~ illl 11, 11,1 I, lil ~• . ~'u 1 c'0 3!i 40 51j F, ~'1 irafflc F,ny sneer Date ~' tl V W O I J _ V 2JW I _F c i N o'" o rrR- U i N¢ ~1i iiiila ~L IUW K r6 iW~ HOC ~KHW~ ~h06R ~¢6N~ t00 iU6 ~ RQN liiiiiY ~Or~wi RWU~. i iV¢Ci N 7a~ Rx ui Rw ¢i -.ww oni :yam tO.P~•VA 6~ IN iZPU~ N NU• ~1~•y6i 12 IW RO ••O R VO~Ui „ R6^¢• R 1 i i WWi L R666i N 6N• P RGO ~ [W¢Wi RWY yWi T /N7N• ¢ i ~P i R~JO• r~Wi R Wi M1 ti 6 RI I!1 0Ni i R 1 •OOi iw~wi ti i¢Rndi •c~mi z N pS H 6 ~ IRI i p L/ O i LW~ N JW YI 1 i l~ R O N / M t ~ u J y L M $ ~ sj Z ~ 6 ~ > O i M i CITY CF RRI•ICHLI CIJCRi•IO NGR SFEED DgTq RFDUC'(ION PRCIGRFIPI E d W OIJ bRNVRN HRVF..N - MILL iF:FPI DATE ^F SURV6V 'NFSi)Ry 3/;_,S'; 9c' DE'VF:L(1 F4•IEN'( RES TIh~E :.: I:: - .7::in ' ' , ~ GOSTED 6F'EEF.'.D LIIAIT N. F'. hh 1 H SI kEE'I' 41IIr VEHICL ES CESF_ RVFL' Kii SOiH PERCEi•1(II_E SPEED 43 R41NGE CF SvEE DS 35 TC 59 BGT'H PERCENT ILE_6F'EED 57 . 10 MPH F'RCE S FEED 44 TO .» F'E RC ENT IiJ PRCE SREF_U Ii4. 4G S'(RNDFlRll DEVJgiIDN 6. ,V6 SFEED NUM RCCUM PER- - ' HER ~ERCT F'ERCT CNTS +---- +----+----+----~----+----+--- + -+--- fMF H> . . .....+ 35 1 !1.93 n. 33 1011 .... ...... 30 _ 1. 38 2.97 - + 37 17 0. UO <'. 37 35 _ 3B 1 0.33 .'. 36 - + 33 4 ~. 36 7.32 30 _ 4C1 3 c. 37 10. B9 - + ql 1. 9B 12.87 85 _ 42 it i4 00 72. B7 - + 43 6 5.34 1H. B1 BU _ 44 5 4.35 23.76 - + 4g 3 2.37 26.73 75 •• _ 46 13 12. 87 39. 60 '" +, 47 11 10. A9 5!i. vb %ir _ 48 6 5.94 56.44 - + 43 C x.37 53.41 65 _ vU 4 3.36 63.37 - + 51 1.3d 65.35 60 _ = 1.38 67,33 {~ 5:> 6 5.'34 73 27 55 54 1 0.33 74.2E - + Sg E 1.30 76.24 Sil __ 56 6 5.34 B2. 18 - + 57 B 7. 3? 90.10 45 _ 58 5 4. 35 35, u5 - + 59 4.35 100. OU 40 _ 61 0 0. i i(:1 100. 0p 35 _ 62 0 Cl, iiO IUO. UO ~ + 63 li U. 00 ini r. Ul) 30 64 i' b, rib 1 i10. u0 _ + 65 (1 1,1, 1,11.1 11JI). i11J 2S _ 66 0 0, Oil 100. 00 - + 67 0 ... ol) 100. oo zc _ 68 G il, iii 1 100. 00 - ~~ f.9 1) Ia. llil llill, l)1:1 1S - 70 it il. OCr 1 Ui! 00 ~ • • + 71 1) il, fail LO!i, lili 10 72 i1 Cl, Oil 100. C1U - +. 73 it i., IiO 101i, ilit 5 74 0 ii. Uil SfJU.I)rl - .. ,. +-_--+~_-._.t_~-_{.__.. _-_- . _.. n 35 45 .,.. 6.i ~., _I ff' • `iuj ~i~i.i III ~IIIlI ~ ~~~~',(,. I ~~!..ili~,`~h:it++i[~hY1hrEt~J_ _ IIE~ :I~II~i+ ~yI I_L_f_I_ _ r . ~' _ _I ~~~'~~~~~~I I~~I II~~i lt.-i~1'!I. r~.l~l. l~'~!-1. r4 ~'~~ i ~ II.C.j:Iti I i; - ~ .c J?*~ ~> ~[~ tI ff jlil m Z III. ~~1:11~ }A _ Il~r I__,,, ~ o III,+L 3 ~_ \ 3<' ~t~ t x .. ~. -0s 01 ~, ym •~ tl N •--~ 0~ 7t g 0 3 '.~ o z~ rn e•ssrrf ~ f H ~-C 0 "+7 x 0 n A O z c~ a ~z ORDINANCE N0. 5OJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMOHGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A. Recitals (T) California Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. (iii The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the Gity of Rancho Cucamonga which streets as specified in Part B of this Ordinance. (iii) The determinations concerning prima facie speed limits set forth in Part B, below, are based upon the engineering and traffic survey identified in Section A {ii ), above. D. Ordinance NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF kANCHO CUCAHONGA OOES HEREBY ORDAIN AS FOLLONS: Section 1 Section 10,20.020 hereby is amended to the Rancho Cucamonga City Code to read, in words and figures, as follows: 10.20.020 Decrease of state law maximum seed. It is determined by City Counci reso u ion an upon a ass o an engfneerina and traffic inves±igation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared that the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated 1n this section when siyns are erected giving notice hereof: Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPN) 1. Archibald Ave. - Banyan St. to north end 50 2. Archibald Ave. - 4th St. to Banyan St. 45 3. Arrnw Rt. - Baker Ave. to Haven Ave. 45 4. Baker Ave. - 8th St. to Foothill Blvd 35 5. Banyan St. from Beryl St. to London Ave. 35 6. Banyan St. - Haven Ave. to Rochester Ave. 45 7. Banyan St. from west City Limits to Beryl St. 40 R. Base Line Rd. - west City limits to Carr,ellan St. 45 9. Base Line Rd. - Carnelian St. to Hermosa Ave. 40 (01 SPEED LIMIT MIDINANCE NOVEMBER 4, 1992 PAGE 2 Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPH) 10. Base Line Rd. - Hermosa Ave. to Spruce Ave. 45 11. Beryl St. - Banyan St. to end 45 12. Beryl St. - 800' N/o Lemon Ave. to Banyan St. 40 13. Canistel Ave. - Nilson Ave, to Antietam Dr. 35 14, Carnelian St. - Vineyard Ave. to end 45 25. Center Ave. - Foothill Blvd. to Church St. 40 16. Church St. Archibald Ave. to Elm St. 40 17. East Ave. - Base Line Rd. to Highland Ave. 45 18. 8th St. - Grove Ave. to Haven Ave. 45 19. Etiwartda qve. - Foothill Blvd., to Summit Ave. 45 20. Fairmont Dr. - Milliken Ave. to east end 35 21. Fredricksburg Ave. - Banyan St. to Seven Pines Or. 35 22. Grove Ave. - 8th St. to Foothill Blvd. 40 23. Haven Ave. - 4th St. to Nilson Ave. 45 24. Hellman Ave, - Foothill Blvd.. to Alta Loma Dr. 35 25. Hellman Ave. - 500' N/o Manzanita Dr. to Valley View 40 26. Hellman Ave. - 6th St. to Foothill Blvd. 45 27. Hermosa Ave. - Base Line Rd. to Nilson Ave. 45 28. Hermosa Ave. - Nilson Ave. to Sun Valley Dr. 40 29. Hermosa Ave. - 6th St. Lo Base Line Rd, 45 30. Highland Ave. - Sapphfre St. to Carnelian St. 40 31. Highland Ave. - Amethyst SL. to Hermosa Ave. 35 32. Highland Ave. - Hermosa Ave. to 800' N/o Haven Ave. 45 33. Hillside Rd. - Ranch Gate to Amethyst St. 35 34. Hillside Rd. - Amethyst St, to Haven Ave. 40 35. Hillside Rd. - Haven Ave. to Canistel AVe. 35 36. Hfllview Loop - Vintage Or. to Vintage Dr. 30 37. Lemon Ave. -Jasper St. to Beryl St. 35 38. Lemon Ave, -Archibald Ave. to Haven Ave. 40 39. Leman Ave. -Haven Ave. to Highland Ave. 40 40, Manzanita Or. - Hermosa Ave. to Haven Ave. 35 41. Mountain View Dr, - Spruce Ave. to Milliken Ave . 40 42. Netherlands View Loop - Vintage Or. to Vintage Drive. 30 44, 9th St. - Baker Ave. to Archibald Ave. 40 ~~ SPEED LIMIT ORDNANCE NOVEMBER 4, 1992 PAGE 3 Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPH) 45, Red Hill Country Club Dr. - Foothill Blvd. to Alta Cuesta 35 46. Rochester Ave. - Foothill Blvd, to Base Line Rd 40 47. San Bernardino Rd. - Vineyard Ave, to Archibald Ave 35 48. Sapphirz St. - Banyan St. to end 45 49. Sapphire St. - 19th St, to Lemon Ave. 40 50. Terrace Yi ew Loop - Vintage Dr. to Vintage Dr. 30 51. 7th St. - Hellman Ave. to Archibald Ave. 45 52. Spruce Ave. - Foothill Blvd. to Base Line Rd. 40 53. Sierra Crest Yiew Loop - Vintage Dr, to Vintage Dr. 30 49. Terra Vista Parkway - Church St. to Betpi ne P1. 40 50. Victoria St. - Archibald Ave. to Ramona Ave. 35 51. Victoria St. - Etiwanda Ave. to Rt. 15 40 52. Victoria St. - Haven Ave. to Mendocino P1. 40 53. Victoria Park Ln, - Fairmont Way to Base Lfne Rd. 35 50.. Victoria Windrows Loop (north 6 south) 35 55. Vineyard Ave. -Church St. to Base Line Rd. 40 56. Vineyard Av¢. - 8th St. to Carnelian Ave. 45 57. Vintage Dr. - Milliken Ave. to east end 35 58. Whittram Ave. - Etiwanda Ave, to east rity limits 40 59. Nilson Ave. -Amethyst Ave. to Haven Ave. 45 60. Wilson Ave, - Haven Ave. to 200' east of Canistel Ave. 40 (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978). Rancho Cucamonga 5/82 124 (i) Both sixty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which are more than are reasonable or safe; a nd (fi) The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of tra ffic and are speed limits which are reasonable and safe on said streets or portions thereof; and (iii) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and (tv) The Traffic Engineer is hereby authorized and directed to install appropriate signs upon said streets givln9 notice of Lhe prima facie speed limit declared herein. l0 I SPEED LIMIT ORDINANCE NOVEMBER 4, 1992 PAGE 4 Section 2 the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 3 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after Tts passage at least once in The Inland Daily Bulletin, a newspaper of general circulation published in the Ctty of OntarT O, California, and circulated Tn the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this 4th day of November 1992. AYES: NOES: ABSENT: ATTEST: e ra ams, ,y er nn 5 u yor I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the C1ty of Rancho Cucamonga held on the 4th day of November 1992, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of November 1992. Executed this 4th day of November 1992, at Rancho Cucamonga, California. ra ams, y er 70 cnx ~r iiarvcnv ~ucnmvr+i;a STAFF REPORT DATE: November d, 1992 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Huller, City Planner BY: Scott Murphy, Associate Planner NBJHCT: CONHIDEAATION OP TREH REMOVAL PHRMIT 92-14 - HOWELL - Appeal of the Planning Commission's decision denying a request to remove two eucalyptus trees located on the north aide of North Victoria Windrows Loop, west of Rock Rose Avenue - APN: 227-611-42. ImCOM®M'ID/ The PLanning Commission recommends that the City Council deny Tree Removal Permit 92-14 through minute action. DIHCD93IOB On September 9, 1992, the Planning Commission conducted a hearing to consider a request to remove two Red Gum 6ucalyptue trees from the corner side yard of the single family re el dance owned by Ma. Nowell. While being sympathetic to the concerns expressed by the applicant, the Comma scion determined that the tree removal waa not cones atent alth the intent of the Tree Preservetlon Ozdlnence for the following reasons: 1. The arses aze locates within a street tree easement and, therefore, are City street treea• The declelon of whether or not to remove the trees 1e the reeporeibi llty of the City. 2. The trees are part of the eetabliahed atreetecepe theme for Victoria Windrows Loop, which consists of a double row of Eucalyptus trees straddling the sidewalk. 3. The trees were required to be installed as a condition of approval for development of the hauling tract. 4. The installation of deciduous trees could still result in leaves dropping Into the rear yard during the fall season and continuing the maintenance problem. CITY COUNCIL STAFF REPORT TRP 92-1d - ROWEGL November d, 1992 Pa qe 2 5. Proper trimiing of the trees would reduce oz eliminate many of the concerns expressed by the applicant. The Commi saion asked that special conaideratior. be given to trimming trees at the earliest opportunity. (Trees vmre triaged the venk of Septeaaar it, 1992). As a result of these findings, the Plannlnq Commission could not support the removal of the trees and denied the Tree Removal Permit application. ftospec lly submitted, ~\ Brad uller City Planner BB:SM: mlq Attachments: Exhibit "A" - Appeal Letter Exhibit "B" - Planning Commission Staff Report dated September 9, 1992 Exhibit "C" - Planning Commi saion Minutee dated September 9, 1992 ~ '1 i,~ ...~ac_K `~-~k ~~~ ~r~ Qiamr tom, September 16, 1992 City of Rancho Cucamonga Atm: Debra Adams, Ciry Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Tree Removal Perron 92.14 Dear Ms. Adams, The Rancho Cucamonga Planning Commission domed my request for Tree Removal Permit 92-14 at their meeting of September 9, 1992. i hereby state my intent to appeal their decision to the Ciry of Rancho Cucamonga It was stated at the Planning Commission meetir~~ that they do not have the authority [o remove city planted trees. N-~. Rom-/}tee DG. HoJw.ell t~,, ~ ~,y ~~ wA~, U9- q n ~ ja,1.i i cttr a CIRpTNpq~CILICpnONGA 17111 gay-1831 ~3fBL~5°i~~~e'e' tOta PI.AfIN1N6 fEEB ti^_6.00 PLAIT Cdll1 APEAL FEE r„p, NOMEL t DDf-avot-nao-M?oo,ooao ( TDTAL DUE 411n.0~~ RECEIVED FRBRr 16395 ELDERBERRY CT RC CR CNECR f1.5. h~~ TB7AL TEIgERED ___,___t :. . CHANGE DUE ~ . p CITY OF RANCHO CtiCAMONGA STAFF REPORT , ~ DATE: Beptember 9, 1992 TO: Chairman artd Members of `_F.e Planning Conm:ission P ROY: Hrad Buller, City Pia nn er BY: Scott Murphy, ASSOCiate Planner 6U BJ EC T: TREE REMOVAL PERHZT 92-14 HOW'e;.r. - Appeal of the City Planner's dec i5 ion denying a request to zemove two eucalyptus trees iocaeed on the north side of North Victoria Windrows Loop, west of Rock Rose Avenue - APN: 227-411-d2. 9AC KGROJND: On July 22, 1992, the City received a request to remove two eucalyptus trees from the south side of an existing residence located at 6595 ELde rberry Court (see Exhibit "E")• In reviewing the request, staff deT.ermined the following: 1. The trees are defined as "Heritage Trees" by the Tree Preservation Ordinance (Rancho Cucamonga Municipal Cade Section 19.08.030). 2. The trees were ins tallea as a con'_ition of approval for development of the housing tract. 3. The trees are part of the established streatscape theme for the Victoria windrows Loop which consists of a double row of eucalyptus trees straddling the sidewalk. d. The trees are not interfering with any existing or proposed imp rove merts or development. 5. The trees are in good health. 6. With proper maintenance, the risk of fir_ is minimal. Trinminq of the trees will further minimize the risk. 7. Proper trirtm ing of the trees will reduce the Leaves being dropped in the pool. As a result of this information, Tree Removal Permit No. 92-14 was denied, Subsequently, the applicant filed an appeal with the Planning Commission requesting consideration of the 'Free Removal Permit. ANALYSIS: The trees were planted to create a special landscape theme along the northerly and southerly "Windrows Loop" collector strr_e ts• The CCO,e9 behind the sidewalk were planed in a 4 1/2-foot City of Rancho Cu ra monga Tree Maintenance Easement. Therefore, the tre ea in quest inn ~~ PLANNING COJ4II SSION STAFF REPORT TRP 92-1d - HOWELL Ben ember 9, 1992 Page 2 are public street trees intended to be maintained by the City. The appellant states that th_y desire to replace the trees with another variety; however, the City is committed to maintaining the established theme o£ Aed Gum Eucalyptus as evidenced by its ongoing replacement program. In their appeal letter (see Exhibit "A"), the applicant states that the trees represent an extreme fire hazard. The applicant references the recent 105-acre Etiwanda fire and the Oakland fire in which eucalyptus trees were involved. There are several important distinctions between those events and the present request for removal: Trees in the Etiwanda area are "Eucalyptus globulus" (Blue Gum eucalyptus) and, as noted by the applicant, were originally planted as wind 6ceaks for the citrus crops. With the elimination and/or neglect of the cltrue groves, the eucalyptus trees no longer receive regular watering. Aa a result, some of the trees have become very dry and brittle. Additionally, the trees are not maintained in a fashion that would eliminate much of the fire potential (i. e., removing dead branches, cleaning up leaves undo- the tree, etc.) The location of the trees proposed for removal is within a corner side yard setback that dcea receive regular water. Also, the trees appear to be maintained fairly well in that no dead limbs or a large amount of leaves at the tree base were vi Bible. The ground plane has been covered with river rock (by the homeowner). 2. There was a large amount of dry brush within the Etiwanda and Oakland fires that helped spread the flames at a rapid pace. The trees proposed Eor removal are located within a rockecape area surrounded by maintained lawn, groundcover, and shrub areas. All areas are green and appear to receive regular irrigation. As noted in the attached Sunset meeazSne a[ticle (see Bxhibit "D"), information obtained after the Oakland fire indicated that the eucalyptus trees posed no greater fire threat than many other tree specleai and with regular maintenance, the eucalyptus [tees era ae safe as any other broad-leafed evergreen tree. 3. The trees proposed for removal, ^EUCalyptus ca lma ldulenals" (Red Gum eucalyptus), were not planted to protect crops from the wind. Rather, this species of coca lyptue was selected because of its suitability and aesthetic value within street parkways. In conclusion, staff believes that the request to remove the two eucalyptus trees is inconsistent with the intent of the Tree P rase rva ti nn Ordinance and the concerns expressed by the applicant can be addressed through proper maintenance of the trees rather than removal of the trees. ~p PLANNING COMMIS SIGN STAFF REPORT TAP 92-14 - HOWELL September 9, 1932 Page 3 RECOMdENOATICN: Staff recommends that the Planning Covunission deny the appeal of Tree Removal Permit 92-16 by minute action. ResFectfnlly submitted, Hrad B ler City Planner eB:SM/jfs Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" Exhibit "F" Letter of Appeal Letter Denying Tree Removal Permit 92-10 Tree Removal Permit Article by Soseph F. Williamson Site Plan Photographs V August 10, 1992 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Attn: Otto iGoutil, Deputy City Planner Community Development Department Planning Division Subject: Tree Removal Permit 92-14 Dear Mr. Itroutil, ~`I'r' .,.lN 'L?..., .'v Dn ~~ON AUG ~'L'1992 ISIS~~I,ft~~~' PN. 12131x1$1': I have reviewed your August 3rd letter of denial for 'Tree Removal Permit 82-14'. In considering your letter, I wish to state the following: 1. "Eucalyptus" is defined as a lazge chiefly Australian evergreen tree, characterized by its ragged bark and yielding a volatile, pungent oil, 2. Eucalyptus trees are commonly referred to as "widow-makers" because of the extreme damage caused try falling debris. "Eucalyptus leaves contain enough oil to ignite without so much as a spazk. Heat from a nearby fire is sufficient. We've actually seen them explode. It almost acts as its own torch." These are quotes attributed to Fire Chief L. Dennis Michael in the "Daily Bulletin" article of July 19, 1992. This same article continues with the following: "itle City is taking a particularly hard look at the area's rows of eucalyptus [recs. Originally planted to shield fruit orchards from the wind, the trees contributed to the spread of the Juiy R 5.>^ ~s-hich b~: red 105-arees in Etiwanda. "CiN Hall has already agreed to waive it's tree-removal fees for Etiwanda residents anxious to chop down eucalyptuses." 4. In addition to the extreme fire hazard under "normal" condifions, the Etiwanda area is the prime host of destructive winds which have reached g0 mph. Afire fueled by eucalyptus would be disastrous to our area. The vast devastation of the recent Oakland fire was attributed to the establishment of eucalyptus [rtes within and among residential homes. 5. Times have changed. Originally planted to protect orchards from winds, the orchards arc disappearing and communities have been established. Given the highly volatile and dangerous nature of the eucalyptus, I question simply the choice of tree planted by the City of Rancho Cucamonga within the community of the "Victoria" tract. Not only the choice of planting, but removal of the homeowner's right to either replace or maintain. ~Z Your letter sites [he 'Tree Preservation Ordinance" and "the planting of trees az a condition of approval for development of the housing tract". As a homeowner who wishes to contribute to the beauty and safety of our ecmmunity, [simply wish to exercise the privilege to replace the two eucalyptus trees on my property with any other type of tree. Unlike most trees, eucalyptus also shed continually, all year around. [have enclosed photographs of the mess they make each and every day to our back yard. As the wind blows gentry each evening, these trees "rain" leaves into our back yard. It is impossible to keep it maintained in a proper manner. Your letter also states that with proper maintenance, the risk of fire is minimal and that proper trimming will reduce the leaves dropping in our pool. Since the planting of these particular trees in 1985, they have never been trimmed and now reach a height of at least 25 feet and still growing like weeds. In the past, i have made repeated calls to the City Yard to request trimming. 1 have personally watched the City employees trim smaller trees between the sidewalk and the curb, but each time, they choose to bypass the trees on our lot, possibly because of their size. Our immediate neighbor at 6598 Elderberry Ct. has eucalyptus leaves dangling directly over thou chimney vent on a composition style roof. It has nevc: Seen maintained t^j the Cit;~ of Rancho Cucamonga. 1 have noticed the annual tree trimming on 8azil, a few blocks from our home. A fine job is done each Spring as they are cut way back; however, City trimming of trees appears to be very sporadic. After careful consideration over the years, my contention is no longer over tree Mmming, but rather tree removal. I request their removal for two reasons: 1. They do nu allow me as a proud homeowner, to care for my property in the manner in which I would like. 2. They are an undeniable fire hazard. As stated in my permit request for removal, I am more than happy to replace them with another kind of tree. My sincere hope ix that the City of Rancho Cucamonga will graciously allow the homeowner the privilege of planting and maintaining another Vee of choice on their own property. Any other tree of choice, made even by the Planning Commission, would be readily accepted. I'm confident that you alsr, have the beautification and safety of the City of Rancho Cucamonga foremost in your minds az you struggle with these issues. I thank you for this second reconsideration and await your repty rely, ~ti J ~ oxanne D. Howell ~3 '~ C t. I I !mil C ~ ~ C LI L i~ ~I L~ ~I ~ ~~ August 3; 1992 Roxanne Nowell 6595 Elderberry Court Rancho Cucamonga, CA 91739 SOBJECT: TREE REMOVAL PERMIT 92-16 Dear Ma. Howell: She Planning Division has completed its review of pour request to remove 2 Eucalyptus trees en the south side of your lot, adj accent to Victoria Windrows Loop. In considering your request, staff has determined the following: 1. The trees are defined as "Reritage Traea" by the Tree Preservation ordinance (Rancho Cucamonga Municipal Code Section 19.08.030). 2. The trees were installed as a condition of approval for development of the houaina tract. 'a. The trees are part of the established atreetacape theme for Victoria Windrows Loop, which consists of the double row of Sucalyptun trees along the sidewalk. 4. The trees are not interfering with any existing or proposed improvements or development. 5. The trees are in good health. 6. With proper maintainance, the risk of fire is minimal. Trimming the trees will further minimize the ri ak. 7. Proper trimming of the trees will reduce the leaves being dropped in the pool. Based on this information, staff fi nda insuf tSCient grounds to grant approval of the Tree Removal permit. AB a result, Tree Removal Permit E2-14 has been denied. Th i9 actions shall became final unless an appeal is filed with the secretary of the Planning Commi sslon within 10 deye of the date of this letter. Any appeal must be submitted in writing and be accompanied by a $62 appeal fee. M1lgyor Dennrs J Sbut Councilmember Drone Wil6gms :!.ycr Ro-1?m bvilLgm 1 AlBxgnder ,. ~. COUncilmember Pgmelo J Wngnf rgrk nom AICP CAN Monoger Counctlmember (;ngtle5 J Buque~.t,i Jg~~ ~^ .., ~_ _. .. .,. • 00 i^. aa'.I • '1On<r`<GKamOnga GA GV70 • 11 d' :90.•P51 . ".~ C~ 4 City of Rancho Cucamonga ~_ V_) _~ Z Z Z Q J a Z W o_ O J LLl D } Z U LL Q H W Q a Tree Removal Permit NON•DEVELOPMENT new 4s-ice GENERAL INFORMATION LESS THAN 5 TREES OR 50' LINEAR FEET OF WINDROW r- Ortlinance No. 276, pertaining to the preservation of trees on private property. requires that no persor. I remove or relocate any wootly plants in excess of fifteen (15) feet in height and having a single trunk I, circumference of fifteen (15) inches or more antl multi~trun ks having a circumference of thirty (30) inches or more ;measured twenty-four (24) inches from ground levee, without first obtaining a Tree j Removal Permit from the City. TA BE COMPLETED BY APPLICANT: ~ -r.~^ o ~ ` _ .,-1. ~ ~~ LOCATION OF SUBJECT SITE: IOTJ9S ` r rHJ ~'• f 50 S NAME.ADDRESS, TELEPHONE OF APPLICANT; ROxu>n~Q_ VJQ.~1 I .-..~. ~ r r_ 1 _ ~. c... r - _ NAME, ADDRESS, TELEPHONE OF PROPERTY OWNER (if other than applicant) REASONS FOR R~OeVOPk~~(a~acc~h n cessary sheets); _~' ~aa~ 1d~b. ~P ~.~5 CO mUa1 ~-~ G ~S -~.i.r, c.-rv -1 rv v t.ru.Arvt i~ r-- ~------ PROPOSEDMETHODOFREMOVAL: '~ _Q,W'ry~pYe^ W i1~ 1Yy$ '~'ST't~F.P~ A qh t y~ APPLICANT'S SIG NATU~ _DAT@ 7~r~--~l'i~ ADDITIONAL FILING RECD-REMENTS ~ This applmahon mall include a plol plan intlicating location of all trees to be removed and retained. The species, number, and size of the trees to be removed shall be so designated. If a Tree is diseasetl. then a wnhen statement from a licensed arborist stating the natwe of the disease shall be regmred. ACTION - Evtlu~llon of tM~ ~ppllcNlwt Is Wed on if» crltwh on tM tvrNrN AIM. -. APPROVED Date: ~;- I DENIED ,Reasons: 5Y~ L-~rrt~e ~ The permit shall be valid br a period of ninety (90) days, unless an extension is requested fourteen 1141 ~ days pnor to Me expvaUOr~ of the permit ~~ 9Z -/.~ C. u TO 8E COMPLETED BY STAFF: 1. Contlition of the trees? ~~'~-~'~E~/~'/. 2. Any safety hazards to persons, atljacent property or utility installations? //~~'Gr 1NA1 •4R~ ,{~.MrL r~ /LL~NTiG//rBGB. 3. Any conflict with proposed improvements? ND 4 . Proximity of other trees in the area? ~~/~~ /YEf+3 ~ ~Afr WrNl1C0lK7 «p .QO 05E. 5 . Effect of tree removal on the aesthetics of the area and the public health, safety and weNare. Rewao vx leuGO/~~ygBr-dYl F.PGCE[YM^ FeK RBitoYK of A~-'e 7~E~ss W A,PEA . 6 . Are any of the trees required to be preserve by any specific plan, condition of approval, or historic landmark designation? 7AT~iY ~,~6~ AS F~lPl Ar l~ts~f.N(G /z7L 7f"/2l~ AK~BUSM43 ~1C L"A4 WLV~FOIKT LCLP• 7 . Is an arborist required? !t', DECISION: ~x'_ SET CYJMr~SC 1~trE ~Ca916 RDI(/ CX ECtG¢G pR/J ~6LrS BO,PA52iNl~ &~iN slas cr ~c~cta~ N/.Nn¢ona ~ /Pf.~,royec c;« ~iaa nc«Lo bsk~,~ Rte` ~L~nr~ Fue rle <-e~ . / E~~,ftaE nsE / r~AS ~ «YA E lf/c sus wr/~l~! ~hE~ sltezT ~159N~? Qcy rf __ DATE: ~Lg.gL EVALUATED BY: 8~ A F1~:1L tiU _. DON'T BLAME THE EUCALYPTUS l: Rl'+G TIIE afternoon of October rf/'~,,'~J' ~'0, when the G Oakland-Berkeley hills firc was rugln¢ at us fiercest I ices dnvmg from Alante res to San Francesco and heunng about it on the cur radio. One van concerned informant clalmmg prey loos forests experience, rcpcated- ly gm on one sta tiun and ar- gued wl;h ird ensn} that since the grow of eu,al}ptus trtts just cast of the Claremont Resort Hotel and Spe could soon c~plode Iola Aamcs, and the hotel could Then burn with It, the trees should im- medmtely be chain-saxed don n. He sounded genuinely terrified It turns out the real fire fighters on the acne never planned to get nd of the trees Instead. thanks to their salient lire hose nark. plus ncl plot cn lllem, bath th<eu- cahpms grosu and the hotel remnm latter. This pleases me Im memah In 21 sears as .Sunsn s Burden editor. I came to respect and admire the eucaly ptu+ trees of Cali- fornia aced Arizona. N'nh Ihn tree, tl ttem5 sou nlher lase n or (ear and hate n :\nd 1'se noticed that rho+e oho feet the tree seem almost Inatlnnal ahuw it I Generally, (hex sane people seem W knuu hair aheut h res nr Ircc. 1 During the cells rnn~ir :md es came of the hrc, .wd In the dos, .rod xcck. di.n (ollourd. reporters and citizens repeat- edly chara<wrized the trees as esplosrvel) flammable haz- ards-in one eau, likening them to huge. open tanks of gasoline. BuI they were wrong. A feu messy types of eucalyptus need to have their debris cleaned every year or too, but scores o(ather kinds are as orderh and as safe u am other broad-leafed ev<r- green free. IS DEFEKE OF THE TREE When the dry. low eleva- tions of CaL(ornia and Ari- zona w<rc issued that trees, They just didn't get anything tall and unthvsly. Australia's dry lands did-so we began growing they eucalyptus, (or a number of purposes, some 175 years ago. From the star, many peo- ple found Them beautiful and useful. From any Hewing dis- tance, the mus vlar trunks dad bnr.ches holding clouds of dark Ica. ec agmml tht sky make an inspiring Didure. Rows and groves o(these willing. up-to-200-foot-tall gi- ants were planted to romb the meanness out of California's pra~ailing summer afurnoon wxsterlics. Growers from the Salinas Valley to the Oxnard Plain, and hommwners from the lee flanks of San Francis- co's Presidia to the Irvine Ranch and Torrey Pmes Mesa found Them definitely satisfy ing to live with. The alder cues (generally, those planted before 1950) s:tong::hey don't blow or fall over more readily than any other kind of tree. Theca each cues were planted as serdlings from flats-their roots never encountering sides of comainers-xnd so today havr namrah not kinked or bent. cwt systems. These grind trtts also sup• plied shade, sod stabilization. firewood, and pulpxood. Each ~centun ranchers made the mace of the big eats' .w .. ..erl,~ t¢ ~•They'd cut-down a huge tree for firewood; Its stump would grox many new sprouts, and in sn~cral years the few strongest sprouts would have gmx'n big enough to h cut for firewood. CLEAN ITg LITTER. AtiD IT'LL DO FIVE Even in regard Io fires, the eucalyptus's faults turn out to be manageable. The main problem is that the dead leaves and litter that gather beneath the blue gums (E. g;obulusl and a feu other tall kinds-E. cladorah~.x. E. ru- dis, and E. vimina(is--can become fuel much more easi- ly than living leaves and branches can. If maintained. however, these tall cues are no more or less combustible than any other speaes. Re- move all branches between the ground and '_0 feet up, and clean up the litter n~ery year or two, before the fire season begins. if you're plant- ing anew enc. choose from the many kinds that don't make litter. When firc hits. people look to blame somethm. and the eucalyptus-big. n .Leuble, imposing-makes quite a mr- g..t. But in a hut. dr: i0-mph wind like Oakland's last Oe- tobeL everything m the plant kingdom burns gmckly, Even in the slower-moving fires that burned in the loner hills that night, evidence cnlleaed afterward showed that the eats burned to no ¢reamr da gree than other spccm+ re~ gardless of chat the es.uai voice a( the man on the rad~,~ might have said B. lo~rp6 i u dr,„n~ ~ . ~Xf!/B~r r0 ,r g~ Taecs nEftt~p Cfaremortr fao(ish(p feared. ultimately raved. ~~,~ I ~ ~7~.n~ ~ ~'10 (g5g5 ~ Iderbe~-~ Crt- ~-i;utos~o.~ Gf!- ~ 173 °~ ~`7 t ~+~ ~t°1- 0`11 ~ H- ~~til ara~ ~v~ __ i R 0 G K K D S E ~~ lixn MA[~~5TW0 ~QCA'~'1OY~ 6,+'F, eNGa1~~cJS' '}'rtes. ~Q-F ~ -tYPt-~ ore., <10 on ~-~-0- Q'~ r °. ,~-_ ~ ~ ~ ~~ P a~~ +~ a~,.,p10~ es. `she, are, e~lr~ke ~ , o..r~ ~ fire (-a~zc-rdl ~ ~ 1'C'Q~r' v f.,r~ ~'.~ ~ ~ c to ~- P ~a~c~~y ~o ~--+~e. 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PERMIT 97-3{ - RCNE*.r -Appeal of tM City Plannsr'• dsalaion denying a requot to remove cwa Eucalyptus trees located on CM north •!tle of North Victoria Nindrowe Loop, vent of Rock Rose Avenue - APN: 277-411-{]. Scott Murphy, ANOC1ate Planner, pawntstl Lhs rtstf report. CowUalowr Ne1eMr oburvad that CM Ca®ioion had received vortl [ram Jeff Batnu, Parlu/Landscape 141ntananca Supervisor, chat the irNS are located in tM city's Landscape Nalntenance District antl although tMw had bNn a mLunderstandinq in tM peat and tM trNS had net been maintained, they mould W Nintainad in tM future. Chairman NcNiel invited public coawnt. Rosanne Nowell, 6595 6lderbsrry Court, Rancho Cucamonga, stated that •M felt the trNS pose • tics danger, but •M rNlited LMC there are conf fitting opinions regarding that danger. SM said tMt tM trees pose a Nrlous olean- up mess for n.r. Ene remarked that her Mek yard la taken up almost completely by a pool and tM trees continually zrln 1NV0 into Mr pool. SM feared the! the trees are lowering Mr property valve beeawe •M did not think anyone mould buy Mr houw MCaYae of tM constant rN In the pool. She noted that the letter denying Mr erN removal permit appllcetian stated that i! the tress are properly smintalnetl, the t1n danger is minimal and tMre mould M a reduction !n tM Uawa Mtnq dropped Lnto the pool. she obwrved that CM trNS Md been planted !n 19E5 end haw never been maLntained. She stated aha had called tM C1ty Nveral them aver the ywrs and had been Lold it La the wrong rims of year or Lt L not in the Clty'• budget. SM Nid aM had Nked to W aDL to pay for crls~ing o! tM trNs and wu told she could nOG do ao. SM nld sM Md not ban aware of how high tM trNe grow, aM sM now ranted Yhw rwoved. she stated she ru willing to replace thr witR any other type of tress and suggestsd that liquid amber M wed Meauw tMy are CM street trw •lonq the atl~oininq street. Shs eked that she W permltisd to maintain Mr propezGy in an enioyaDl• way. Theta were na turtMr public cosenU. CowiNlonu Valletta Katsd she Md formerly raised concerns above 6ucalyptu• trees Ln tM planned comminlties and had taken a tour o! tM Clty with landscape wintensncs perwnnel about eight month ago. She oburved tNt Nr. EarnN nod written • mrorandum stating the trees should Mw bean maintairod Dy CM city and would W malMainad Sn tM future. She Nid she had Nen a big improvsrnt !n wintenance •inw Nr. Barnes Cook over. SM [eared it mould Nt a precedent 1t tM homeowner were allore0 to apiece tM trees. sM •lso rwarked that McauN of the winds, tM trees could only M apLced Wien other dsciduou^ trees, which mould still lou tMlr 1NPN. Ca®lseloner IM1eMr oburved that [or wety homeowner who appllN for permit to remove a trw, there are of Mr asldsnt• vM merely remove tM tress. Ne did not feel tMt atreei tram eusrnte rock wry well. Hs hopstl PLnnlnq Cowlseion Nlnutea #r septamber 9, 1997 93 that Mr. Barnes mould haw the tza« trLimsd es noon as you ibis end s« what could G done io rectify soma of the prohlama. fla expressed sympathy for the applicant but lelt u • Planning CammLaionar M coultl not support tM removal o! tM Lr«a. Chairman NeNiel com«nted that wh« tM Victoria Camnunity plan wu 6einq developed, the r«SdenU da«nded that tr«s M planted and replaced. Na agreed that tM applicant hu a ptoDlw, but M felt tM Co®i«Son needs to auppnrt the artier tree policy. Ha taoom«ntled that eM applicant appeal to City Council. In r«pon« to Commi•eio«[ Mlchar, Dan Ja«a, Senior Civil 6ng in«t, stated that M had spoken with Nr. Bazn« and b«n advlaW shay mould ba aDle to start tr« triminq in tM area In January. Chairman NcNLl requested that • sense o[ priority W glwn to having tM tr«e trimmed a coon a posaiDle, batora eG windy wuon. Xa again invited puDl is carent. Ne. Nowell stated sM appreelated tM CorLSio«ra' sympathy. She rarrksd that sucalyptu• Cr«a shed Dark and Uaws all year long, not Just In CM fall. 9M «id she planned to appeal to City Council and siu hop« they mould consider Mr pool and grant an exception. It w« the conunsve of all three Cammisslonen tMt tM eppeal M denial. . . ~ no public comrnt• at thU tit. T. Brea Buller, Clty Planner, st that M lelt the proposed wording had raid larger polity queacion shout lch M would ilia direction [ram CM full Coriuion. M «kad for quid on tM appropriatemas of rwquesting chanyu when time ext«tions ors requ and tMrs have not b«n any changes to codes or standards. CommLaio«r Ne1cMr stated that M under tM original r«son for requ«tinq additional wrdlnq was to M «ta eh psoyect propon«es r«lire !My may M confronted with eMnges and he had su strd language to convoy that possibility moan cl«rly. Cariuionsr Val lstte W1SeVe0 tM iuw Md car up !n nectlon with reviewing • tit exLnsion [or • particular project which the Laionen Planning Carieelon MSnuG• bW 9eptembsr 9, 1997 ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE T0: FROM: BY: SUHJ ECT: vovenber 4, 1932 Nay or and Members of the City Council Jack Lam, AICP, City Manager Hrad Buller, City 2lanner Miki Hratt, AICP, Associate Planner ETIWANDA NORTH SPECIFIC PLAN DRAFT RESOl7RCE MANAGEMENT PLAN - CITY OF RANCHO CUCAMONGA - A plan to ~orserve wildlife resources within the Etiwanda North Specific Plan area. ETIWANDA NORTH SPECIFIC PLAN DRAFT INFRASTRUCTURE, FACTLTTIEH, AND SERVICES PHASING PLAN - CITY OF RANCHO CUCAMONGA 1aiCOM1~NDATIQ7: On October i4, 1992, the Planning Covmission reviewed the subject plans, made minor technical amendments, and by minute acti~>n recommended approval by the City Council. DACRCIbUND AND ANALYSIS: The subject plans are required by the :+iti gat ion Monitoring Plan of the Etiwanda North Specific Plan and wr11 become pars of the Et i~aanda North Specific Plan. The Etiwanda '~NOrth Specific Plan final draft Resource Mana gement Plan and the Etiwanda North Specific Plan draft Infrastructure, Facilities, and Services Phasing Plan were forwarded to the City Council for review on Aagust 26, 7992. (Also see attached exhibits.) Because most of the Etiwanda North area is unincorporated territory in the city •e Sphere-of-Influence, until annexation occurs, the Etiwanda North Specific Plan, including the subject planar will have no force of authority. However, iha plans will serve as qui deli nes for -aafE review of project referrals from the County until annexation occurs. Approval of the Infrastructure, Faci ilties, and Services Phasing Plan also wi 11 serve to dirert staff to continue to work with the County to resolve potential rmpacts on the City re au It ins Erom development in the Sphere on ouch iseu PS as pcli re service, fire protection, ttaff ir. circulation, flood rnniro 1, and parks and recreation. CITY' COUNCIL STAFF REPORT ENSP - CITY OF RANCHO CUCAMONGA November 4, 1992 Page 2 Approval of the Resource Management Plan also will serve to direct staff to continue to cooperate with the County and responsible agencies, such as the Calif or r,ia Department of Fish and Game, the U.S. Fish and Wildlife Service, the U.5. Army Corps of Engineers, the D.S. Forest Service, the San Bernardino County Flood Control District, and the Aancho Cucamonga Fire Prote<tion District, to resolve sensitive wildlife habitat issues in the Sphere. (DMCLOSIQI: Prior to annexation, the subject pia na will provide guidelines for review of plans o£ development in the Etiwanda North area of the City's Sphere-of-Influence. Also, the subject plans provide guidelines which, if implemented by the County, would minimize impacts to the City by development approved in the County Finally, the subject plans would direct staff to cooperate with the County and Responsible Agencies to protect sensitive habitat in the Sphere area. The Planning Commission recommends approval of the sublect plane. The Council may adopt the subject plans by minute action. Respec lly au d, Brat H er City Planner BH:MB:mlg Attachments: Exhibit "A" - Planning Commission Staff Report dated October 16, 1992 fixhibit "B" - Memorandum to the Planning Commission dated October 8, 1992 Exhibit "C" - Memorandum to the Planning Commission dated October 9, 1992 Exhibit "D" - Memorandum to the Planning Commission dated Cctober 14, 1992 Ezhiblt "E" - Correspondence dated October 7, 1992 Exhibit "F" - Minutes of the Planning Commission dated October 14, 1992 `~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 14, 1992 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Miki Bratt, AICP, Associate Planner SVHJECT: ETIWANDA NORTH SPECIFIC PLAN DRAFT RESWACE MANAGEMENT PLAN - CITY OF AANCtlO CUCAMONGA - A plan to conserve wildlife resources within the Etiwanda North Specific Plan area: a request for review and reco®aendation to the City Council. E?IWANDA NORTH SPECIP ZC PLAN DRAFT INPRASTRU CTU AE, PAC ILITIES, i,tiD SERVICES PNASINO PLAN CITY OF RANCHO cycAMONGA - A request for review and rernmsendation to the city council. HACICGAOOND: On April 1, 1992, the Clty Council epproved the Etiwanda North Speciflc Plan, Sp 90-01, adopted a mitigation monitoring plan, adopted a atetement of overriding conalderatione, and certifi ad the Environmental Impact Report. Completion of an Etiaanda North Specific Plan Resource Mona gement Plan (ENSP AMP) and an Htivanda North Specific Plan Infzasirv ctu re, Facilities, and Services Phaelnq Plan (BNSY IFSPP) are required by the Mitigation Monitoring Program. These documents are based on and moat be consistent with the adopted Eriwanda North Specific Plan. They have been completed in drat! torn and circulated to interested parties, including the County of San Bernardino and State enfl Federal wildlife agencies for review and co®ent. (See ENSP AMP Appendix J for Distribution Llet.) DISCUSSION: The coniente and pulpo9e of the Resource Management Plan and the InEraetructure, Pacili tl ea, and Serv ices Phasing Plan are sunrnacized be loa. These documents have been previously `orwarded to the Planning Coo.nlsaion under asps ra[e cover. Etiwanda North Speciflc Plan Resource Mana gemeni Plan The purpose of the ENSP PMP is to propose a strategy for preservation of wildlife resources, as we 11 ae to provide criteria Ear long term maintenance of conserved resources. Vntil territory is annexed into the City, the ENSP RMP sill provide guidelines for City comment on proposals for de velopmert in the unincorporated areas of the ENSP. EXHIBIT q PLANNING CCMM IS SION STAFF REPORT ENSP RMP October 14, 1992 Page 2 The ENSP R.NP ie set forth in six sections: ' E%ec utive Sumnazy ' Introduction • Implementation Guidelines ' Biological Resource Avoidance Construction Guidelines ' Biological Resource Protection: Ongoing Habitat Management ' Habitat Replacement Guidelines Two, one inch = 1000 Eeet scale maps, are provided in the plan whirh present the resource areas and preservation alternatives identified by the Environmental Impact Report. The key to preservation of sensitive wildlife resources is completion of a Memorandum of Understanding (MOU) among all responsible agencies, including San Bernardino County, San B erne tdino County Flood Control District, the Arnry Corps o£ Engineers, the United States Fish and Wildlife Service, the California Department of Fish and Game, and the City. The ENSP PMP proposes that the MOU: ' specify limits of development ' agree on sensitive habitat areas to be preserved • determine a method of acquisition of sensitive habitat areas • determine the contribution toward preservation of Riverside an Alluvial Fan Scrub (RAPS) requited as a condition of development of other parcels of sensitive habitat • set forth a long-term management plan The ENSP RMP proposes that the area be managed by one entity designated 89 a "Resource Management Agency" headed by a "Resource Manager." The Resource Management Agency could be a public or private agency. The ENSP RMP suggests possible sources of funding for acquisition and management in the ENSP area, including development Eees ani assistance from public and private agencies. For example, initial acquisition and/or long term management could 6e provided by the Univer airy of California Natural Reserve System, the Nature Conservancy, and/or [he Inland Empire West Resource Conaervaticn DlatClCh. 5g PI.AN~ING COt4AI5 SIGN STAFF REPORT ENSP IUAP October 7.1, 1992 Page 3 AS stated in the Executive Summary, preservation of sensitive habitat will require cooperation among public and private agencies. The ENSP PMP focuses on preservation of sensitive habitat within the ENSP• Sensitive habitats identified include AAFS, the bog, walnut woodland, and riparian (stream influenced) woodland. The Inter-Agency MOU could be expanded to provide mitigation for RAFS habitat Loss on a regional basis. The ENSP AMP text should be corrected as follows: Page E-1, Last paragraph, add "San Bernardino County." Page 1-6, Paragraph 6, add •'San Bernardino County." Etiwanda North Specific Plan Infrastructure, Pecilities, and Services Phasing Plan The purpose of the ENSP ZFSPP is to set forth the minimum infrastructure which moat be Sn place to serve development in the ENSP area, as well as Sta timing. Until territory is nnnexed into the City, the ENSP IFS FP will provide guidelines Eor City comaent on proposals for development in the unincorporated areas of the ENSP. The ENSP ZFSPP is divided into the following sections: * Introduction • Circulation • Storm Drain System • F`ater Service • Sewer FeCl llties • Resource Management Fite Protection • e`uel Management • Schools Parks/Recreation • Trails 99 PLANNING COMM IS BION STAFF REPORT ENSP AMP October 14, 1992 Pa qe 4 '~ PO1 ice BeYV1Cea " Cultural Resources Text, Mans, and Matrices are provided in order to provide Yeady access to information on infrastructure needs and timing. Please note that minor changes have been made to the ENSP IFS PP text for the purpose of clarification. Revised pages t-6 are attached. Additions are underlined and deletions are noted by strike out. Also, "%'s" were previously omitted from Matrix No. 1, Circulation, on Day Creek Houlevazd from E/W Loop 1 to East Avenue. Therefore, add "%'s" to subareas 3. 1, 3.2, 3. 3, 4.1, 4.2, and 4. 3. RECOMMENDATION: Staf£ recommends that the Planning Commission recommend to the City Council by minute action approval of the Eiiwanda North Specific Plan Resource Management Plan and the Etiwanda North Specific Plan Infrastructure, Facilities, and Services Phasing Plan. Re sPy ly sub d, Breaad r City canner BB:Me:js At to chmenGS: Exhl6it "A" - Vicinity Map Exhibit "B" - ENSP IFS PP, Revised Pages i-6 IOV PROJECT SITE ~'; ~['[Y OF F2ANCH0 CUCAMOIVGA TEN. `~--- PLA.'VNING DMSION TITLE: V/ICNMTV MAP N EXHBIT: A SCALE: (o I ETIWANDA NORTH SPECIFIC PLAN iNFRASTRUCTURE, FACILITIES, AND SERVICES PHASING PLAN INTRODUCTION: INFRASTRUCTURE AND FACILITIES PHASING MATRIX The purpose of the Infrastructure, Facilities, and Services Phasing Plan is to identify those physical improvements which are necessary to implement and support the land uses proposed within the Etiwanda North Specific Plan. Sixteen development areas are identified based on the ENSP division into 16 subareas and five neighborhoods (See Exhibit 1). A phasing matrix is included which links development areas with infrastructure components. (See Matrix 1 through 12.) The neighborhoods and development areas are as follows: Day Creek - Areas 3.1, 1.2, Upper Etiwanda - Areas 1.1. 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 Oaks - Areas 4.1. 6.2. 6.7 Etiwanda HIghlands - Areas 5, 6, 7 Chaffey - Areas 10.1, 10.4 The matrix will identify the particular improvements and facilities which will serve particular service areas. The matrix indicates those infrastructure components which must be operative prior to development, for example drainage facilities, roads, and an inter-agency Resource Management MOU. It also identifies infrastructure components which must be provided concurrently with development, for example schools, parks, and a fire station. Infrastructure, facilities and services to be constructed, improved, or provided, were identified from the Etiwanda North Specific Plan, the Etiwanda North Environmental Impact Report, and from supporting studies. Specific components of the proposed infrastructure system which must be constructed to serve one or more of the service areas are identified. Other components which will serve the entire Specific Plan area are considered common facilities. Certain common facilities are subject to existing City fee programs, including the City~s Transportation Development fee, and CFD SS-2 which currently provides regional storm drain facilities and police services for the ENSP area. Also, the Rancho Cucamonga Fire Protection District has enacted CFD 88-1 which provides for fire protection facilities and services for the ENSP area. ~b Z DRAFT ENSP INFRASTRUCTURE, FACILITIES, ~ SERVICES PHASING PLAN Page 2 In general, the first tract to record within a given benefit area will be required to construct facilities indicated in the matrix columns, with reimbursement Prom subsequent developers and/or fee programs when available. All tentative tracts in a benefit area will be conditioned to construct until such time as the facilities are actually in place. Zf facilities have been completed by others, a back- up fee option shall be available. Alternatively, a CFD for backbone infrastructure may be used formed, with the provision that the the total property tax rate shall not exceed 1.fl8. Discussion includes the source of information and data which provides the basis for benefit areas. Components which may require further scrutiny are also identified. Discussion is organized by the following elements: circulation (Matrix 1), storm Drain system (Matrix 2), Water Service (Matrix 3), Sewer Trunk System (Matrix 4), Resource Management (Matrix 5), Fire Protection (Matrix 6), Fuel Management (Matrix 7), Schools (Matrix 8), Parks (Matrix 9), Trails (Matrix 10), Police (Matrix 11), and Cultural Resources (Matrix 12). The following sections discuss each element. genera prior l 63 In some instances, new funding mechanisms must be identified and implemented. Funding mechanisms are needed for backbone street improvements, regional and master plan storm drainage facilities, elements of the fire defense program, the resource management program, the regional trail system, and eiements of the community trail system. CIRCULATION: (See Matrix 1 and Exhibit 2; also see ENSP Exhibit 11.) DRAFT ENSP INFRASTRUCTURE, FACILITIES, & SERVICES PHASING PLAN Page 3 construction is tied er-prior to release of dwelling units for occupancy. Street construction shall be to the satisfaction of the City of Rancho Cucamonga's Engineering Division. Road construction shall be coordinated with the following components: Storm Drain System (section 2), Resource Management (Section 5), Fuel Management (Section 7), and Trails (section 10). Common Facilities: Backbone c~rcuration system: The following is a summary of the backbone circulation system: a. State Route JO Freeway b. Wilson Avenue from Milliken Avenue to east City limits c. Milliken Avenue from Wilson Avenue to Banyan street d. Day Creek Boulevard from Wilson Avenue to Base Line Road e. Cherry Avenue from Wi lson Avenue to the I-15 Freeway f. Banyan/Summit from Milliken Avenue to Etiwanda Avenue g. vintage Drive from Rochester Avenue to Etiwanda Avenue h. East Avenue from Wil son Avenue to Highland Avenue i. Off•-site intersection improvements and traffic signalization (See Table 1) Cumulative reed for improvements. Since demand increases in proportion to the total number of dwelling units in the ENSP area, the need for common street improvements is cumulative. Units constructed in projects approved prior to adoption of the ENSP are counted for the purposes of traffic warrants. In addition to the completion of loop streets required for two means of access, the Etiwanda North Traffic Study, based on the City's Nexus Traffic Study by Austin Fault, identified three phases: ~~~ DRAFT ENSP INFRASTRUCTURE, FACILITIES, fi SERVICES PHASING PLAN Page 4 as ; Prior to recordation of first tract porth of Summit Avenue, following approval of the ENSP, (excepting Tract 13564), Wilson Avenue from Day Creek Boulevard to the east city limits and Day creek Boulevard from Wilson Avenue to State Route 30 shall be constructed. Other facilities, which are off- site with respect to a particular tract, may be provided for with a fee program, based on the current City Transportation Development Fee. Areas 5. 6. and 7. east of Et iwanda Creek. may substitute construction of East Avenue from Wilson Avenue to State Route 30 for Dav Creek Boulevard. Phase 2: When the 1,500th dwelling unit is constructed within the ENSP area, four lanes shall be provided across Day Creek Channel north of Highland Avenue. Phase 3: With the 3, 000th dwelling unit, six lanes shall be provided across Day Creek Channel. Also with ],000 units, north-south routes, including East Avenue end Cherry Avenue, shall be upgraded and/or constructed off-site (south of Wilson Avenue). Individual Components: To meet public safety requirements, each pr~iect shall be responsible for constructi.nq that portion of the loop system components of the backbone circulation system which will provide two means of access. Also, each project shall contribute its fair share to the City's Transportation Development Fee or equivalent funding mechanism. Backbone circulation system. Complete circulatory loops facilitate ingress and egress. To meet public safety requirements, a project may require construction of backbone circulation loops. Developer-to-developer reimbursement agreements may be used in instances where off-site construction is required to meet the minimum ingress and egress, as well as full width road construction requirements. Two points of ingress and egress. Consistent with City policy and the ENSP EIR, the fundamental design criteria considered in assigning required infrastructure to individual service areas is that each service area shall have two points of ingress and egress so as to assure adequate access and safety. ios DRAFT ENSP INFRP.STRUCTURE, FACILITIES, b SERVICES PHASING PLAN Page 5 Where feasible each service area will be accessible by two north-south streets and one east-west street as shown on the adopted ENSP Circulation Plan. Each phase of development shall construct an adequate ingress and egress system, including full width streets. Off-site improvements. Each project shall contribute to the city's Transportation Development Fee Program (see Table 1, Summary of Mitigation Measures). 2. STORM DRAIN SYSTEM: (See Matrix 2 and Exhibit 3; also see ENSP Exhibit 17.) Flood control is a major ha2ard in this area. Flood control facilities shall be implemented as set forth in the adopted Storm Drain Master Plan (Exhibit 3) which is described in detail in the City's "Etiwanda/San Sevaine Araa Drainage Policy," and "Etiwanda Area Master Plan of Drinage" report by BSI, 1989. The Storm Drain system shall be coordinated with the following components: Circulation (Section 1), Resource Management (Section 5), Fuel Management (section 7), and Trails (Section lo). Ccmmon Facilities: Regional worm drain facilities: Consistent with the ENSP's EIR, all regional facilities shall be to the specification of the San Bernardino County Flood Control District. Regional facilities are funded by fees for the Pegional Storm Drain fund and/or developer construction of regional facilities. Installation of regional storm drain facilities is usually provided for with a fee program, unless a tract is actually adjacent to the facility, thus requiring it for flood protection. The following are classified as regional facilities: a. Day Creek Regional Debris Dam & Basin b. Day Creek Regional Mainline Channel c. Day Creek Regional Spreading Grounds & Basins d. Upper Etiwanda Interceptor Channel e. Uooer Ftiwanda Reaiona Mainline Channel or levee f. Etiwanda Creek Regional Debris Dam & Basin 1~~ DRAFT ENSP INFRASTRUCTURE, FACILITIES, 6 SERVICES PHASING PLAN Page 6 g. Etiwanda Creek Regional Spreading Grounds h. Henderson/Wardman Channel i. San Sevaine Regional Debris Dam & Basin j. San Sevaine Spreading Grounds k. San Sevaine Regional Mainline Basins Also, consistent with the ENSP's EIR, NPDES requirements shall be to the specification of the Santa Ana Regional Water 4uality Control Board. Individual Components: Flood_.protection reauired: Each project must construct that level of regional and local flood protection and storm drain facilities which will provide adequate flood protection to the project requesting approval. Interim conditions: Construction of interim site flood protection is required for any tract downslope, generally south, of an undeveloped area. This may be accomplished by oversizing planned upstream facilities, including portions of the regional system. Reimbursement through the fee program will only apply to the ultimate master plan or regional facility sizes, and shall not apply to oversizing for interim conditions. Construction of facilities in advance of the downstream regional systems will require mitigation, such as interim basins, since existing flows are being redirected. Interim flood control facilities are at the developer's expense. WATER SERVICE: (See Matrix 3 and Exhibit 4; also see ENSP Exhibit 14.) Water is supplied by Cucamonga County Water District (CCWD) from local streams and wells and from imported water sources conveyed by Metropolitan Water District (MWD) and available through Chino Basin Municipal District (CBMwD). Water facilities shall be provided to the satisfaction of the CCWD and to the Rancho Cucamonga Fire protection District. Common Facilities: The following facilities are required for development south of the LADWP utility corridor. For development north of the LADWP utility corridor additional facilities must be planned. ~~~ CITY OF RANCHO CUCA!~IONGA MEMORANDUM DATE: Oc ober a, 1992 TU: airman and Members of the Planning Commission FRO Hrad Huller, City Planner HY. Miki Hiatt, Associate Planner ET ZWANOA NORTH SPECIPIC PLAN ORAFT RESOURCE MANAGEMENT PLAN AND EIIWANDA NORTH SPECIPIC PLAN DRAFT INFRASTRUCTURE, FACILITIES, ANC SERVICES PARSING PLAN - A£QUEST FOR MINOR CHANGES The attached reguaet by the Pancho Cucamonga Fite ProteMion District far minor technical changes has been revieaed by Planning staff. The purpose of the changes ie clarification of the role of the RCPPD within the framework of these two documents. Staff recommends incorporation of these changes in the eubje ct draft pla na which are scheduled for Planning Commission review on October 14, 199"<. BH:MB:ja Attachment EXH1817 B RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MEMORANDUM ~, 7D Brad Buller, City Planner r.` FROM: Lloyd B. Almond, Deputy Chief/Fire Marshal BY: Kevin W'altoa, Fire Inspecrodlnvestigator Wt' DATE October 8, 1992 SUBJECT: Requested Modi[ications to text on the Draft Etiwanda North Specific Plan Infrastructure, Facilities & Services Phasing Plan August l3, 1992 and Draft Etiwanda North Specific Plan Resource Management Plan August 3, t992. As a result of further review, the following modifications to both Draft Etiwanda North Specific Plan documents are requested by We Fire District. While the Fire District by law must provide Cor public safety the Fire District's interest is in balancing natural habitat preservation with public safety mitigation measures. Typically, the changes suggest both deletions/additions to text and statements describing the Uis[rict's position and the desired modifications to the text The requested changes are as follows: Infrastructure. Facilities and Services Phasin¢ Plan Page R (5) gesource Management Add: Resource management provisions which involve fuel modification/tire management shall be in accordance with regulations of the Rancho Cucamonga Fire Pro lection District and the District approved, site specific, fuel modification /fire management plan. Page 17 (6) Fir e Protection Remove: Reference to the ENSP fire protection study. Re; lace with: Rancho Cucamonga Fire Protection District standa: ds for fuel modification/fire management, Brad Buller, City Planner October 8, 1992 Page 2 Common Facilities R~nchn ~ am~nga Fire Protection D~ctr ct Community Facilities Dicuic[ 88-t Delete: All tent Replace with: The majority of all properly within the E[iwanda North Specific Plan is within the Rancho Cucamonga Fire Protection District. The remainder must apply for annexation into the CFD 88-O1 as a condition of development. Front Line Fire Road Delete: Second sentence before "Drier to". Replace with: "The fire road alignment, dedication, standard of maintenance and responsible agency shall be determined" Page I8 (7.) Fuel Management Remove: Reference to the F.NSP fire protection study. Replace with: Ranchu Cucamonga Fire Protection District standards for fuel modification/fire management. Page 16 (7J tility nrtidnr F.a<ement -SCE Remove: Reference to the ENSP fire protection study. Replace with: Rancho Cucamonga Fire Protection District standards for fuel modification/fire management. Page 19 (7.) Ut ility Corridor Eacement - 1 ADWP Remove: Reference to the ENSP fire protection study. Replace with: Rancho Cucamonga Fira Protection District standards for fuel modification/tire management. Page I9 (7J Fo od Control Eased, ent - SBCFCD Remove: Reference to the F.NSP fire protection study. Replace with: Rancho Cucamonga Fire Protection District standards for fuel modification/fire management. Individual Co m op nenlc Uelete: All Replace: Each project must prepare a site-specific fuel modification/fi rc management plan in accordance with Rancho Cucamonga F'irc Protection District standards for fuel modification/fire management. Ilb Brad Buller, City Planne• October 8, 1992 Page. 3 Final resource Management plan for the EVwanda North Soeci£c Plan A ea Page I-8 Management Ohj ter_ - i e. Add: "Rancho Cucamonga Fire Protection District" to list of agenr.ies found in second paragraph. Page ]-I6 Management Objcct,vec Delete: "Compatible with" In lazt line of paragraph. Add: "Sensitive m" wildlife values. Page I-17 UrbanMahval Interface Design Feaares Delete: Everything past "These measures shall in first paragraph. Add: Be in accordance with the requirements of the Rancho Cucamonga Fire Protection District's standards for fuel modification/fire management and the approved fuel modification/fire management plan. Rage I-Ig Design Add: "In accordance with the approved fuel modification/fire management plan" in the last paragraph. Page 2-2 alifornia D.partment of Fish and Game Ifi00 A ream nU I C Armv oro of Eneincers 404 Petm'te Add: "Rancho Cucamonga Fire Protection District" in second and fourth paragraph. (a¢c 2-4 Rucnu[ce Manager/Author'ty/ResnoncibiliP~ Add: As well as the "Rancho Cucamonga Fire Protection District". p2PS: 2-5 Add: Any action taken affecting fuel modification/tire management must be in accordance with the requirements of the Rancho Cucamonga Fire Protection District an d the approved fuel modification/fire man Pa e 2-6 Authorit agement plan. A f•ane General Pl a. ~ g y. Add: San an an Bernardino County Flood ,,, Pa~ Cuntrol District anA Rancho Cucamonga Fire Protection District Brad Buller. City Planner October 8, 1992 Page 4 l ace +-4 nm' ices ~ cr A id nee Cnnctructiun (: 'dclinec Rinarian and Walnut Woodland Construction Ouidelinee Construction Stpfy~p, Add: Construction access shall be in accordance with Raacho Cucamonga Fire Protection District ^re access roadway requirements. Paces 4-1 4-~ Binlo¢'cal Resource Protection On~cjag Habitat Management Imoleme [anon Guidelines For On¢njpg Habitat Mana¢emen[ Add: However, guidelines for the management of natural open spaces shall be in accordance with regulations of the Rancho Cucamonga Fire Protection District and the approved fuel modification/fire management plan. Add to paragraph 4: "Inappropriate" before "fuel modification practices" P3gf 4-2 Urban/Natural Interface Manag moot C ~idclinec Add: "While providing the appropriate measures for public safety on the project site" after "natural Habitats preserved". l~r 4-2 B ff r/Transi 'nn rea Plnntin¢e Dclc[c: "Fir Marshal" Add: "And shall be in accordance with the approved fuel modification/fire management plan. pie 4-3 Fuel Modification Proerant Add after first paragraph: "The fuP.l modificationifire management plan shall utilize measures which avoid significant habitat destruction, yet provide for the appropriate levels of public safety:' Delete: "Be done by hand" in line ll paragraph 3 Replace with: "Be done in a manner which prevents" Uelete: First sentence in 4th paragraph Replace with: The implementation of the approved fuel modification/fire management plan shall be in cooperation with the Rancho Cucamonga Fire Protection District, the Resource Manager/Coordinator, and the agency with project approval authority. Dclcte: Fire Marshal from last line of paragraph BIZ Brad Buller, City Planner October 8, 1992 Page 5 Pie 4-4 Vehicle Acce<s Delete: Last statement. Page 4-IO MaaaEemen[ of NativC_V~tation Prunine Delete: "No" in first sentence. Add: "Not identified in the approved fuel modification/(ire management plan" after "shrubs' in first sentence. Add: "Not" alter "shall" in first sentence. Paee 4-]0 S1<aCS .odd: "Not identified in the approved fuel modification/fire management plan' after trews in the f9rs[ sentence. Page 4-10 Dia ~r~b d_ P.reac Add: In accordance with the approved fuel moditicationltire management plan' after materials in the second paragraph. gape 5-I Fiabi[at Replacement Guidelines Add: Habitat preservation and restoration shall be in accordancc with the approved fuel moditicationltire management plan. ['y~• 5-ll Chaoarral Restoration Add: "In accordance with the approved fuel modification/fire management plan" after "Activities". Pene 5-2 Glossarp~ of Terms 'ruel.~i$GHli4II Replace: The definition for fuel modification is not consistent with nationally recognized standards. NFPA 299 detnes fuel modification as: The removal of [wets, conversion of vegetation to fire-resistant species, increased spacing of individual plants. reduction of fuel loading, or lowering of age class. /SS cc: L. Dennis Michael, Fire Chief File 113 CITY OF RANCHO CUCA!vIONGA MEMORANDUM DATE: Oc ober 8, 1992 T0: airman and Nembe rs of the Planning Coamdsaion FRO :~j{~ Brad Buller, Cl ty Planner BY: ~^ Niki Brett, Associate Planner ETIWANDA NORTH SPECIFIC PLAN RESOORC6 MANAGBMENT PLAN AND ETINANDA NORTH SPECIPZC PLAN IHPRASTRUCTVRH PEASING PLAN The attached correspondence regarding the aubieet items scheduled for Planning Cammisaion revlev on October 14, 1992, vas received following preps rations of the staff report and le hereby forwarded for your information. BB: NB:js cc: Ralph Aanaon, Deputy City Attorney Attachments: V. S. Forest Service letter dated September 30, 1992 Cali Eornla Department of Flsh and Game letter dated October 6, 1992 San Nrnnrdino County Public Notke Grwp letter dated October 1, 1992 San Bernardino County Planning Department letter dated October 1, 1992 Dive reined Development Corpozatlon letter dated September 70r 1992 Peninsula Equities, lac. letter dated September 70, 1992 EXHIBIT C @';'~J UNITED STATES FOREST San Bernardino DEPARTMENT OF SERVICE National Forest AGRICJL TORE bliki Brett. Associate Planner Plano my Division PO Box 807 City of Rancho Cucamonga, CA 91729-0807 Dear Ms, Eratt: 1209 Lytle Creek Rd. Lytle Creek, CA 92358 1560 ENSP, City of RC GITV Oh September 30, 1992 r OCT 5 -1992 '~~9110a1~1~3~4~5 6 tl This letter is our formal comment on the Etlwanda North Specific Plan's Draft "Infrastructure, Faci1 Rtes and Services Plan" and on it's Draft "Resource '•lanagement Plan". The City had asked for public comments by October 1, 1992. A ropy of this letter ras FAXed to you today. I would tike to compliment the City on its approach to manag log the ENSP area. I think Lhe two Oraft Plans show an excellent balance of preserving the right of private property orners to use their lands 1n a respons lble ray on one hand (development of su bd lv is tons in #ds case), rith quality conservation of our natural resources and env lronment on the other hand. Al thouoh the ENSP area lies outside Lhe Nat tonal Forest, its northern boundary is common with the Forest. Activ ltTes occurring outst lde the Forest boundary can have important long term impacts on Forest health and vigor, and on such things as wildlife habitat. Wildlife, of course. knots no human property or bound arv lines. The City's treatment of the Rivers id tan Alluvial Fan Scrub (RAF S) plant community, requiring an MOU (among ACOE, USFWS, CDFG, SRCFCD and the City) to establish a comprehensive management Dl an for that plant community, recognizing the peat bog's uniqueness and work log to preserve it. establishing wlldl ife travel corridors among the ENSP open space areas, the fire protection and fuels management requ lrements, ete. are all signs of qual tty community planning. ? support both drafts and can not offer any thoughts for improvements. In the event that the City actually oversees any development rithin the ENSP, I ask that we be contacted in the early planning stages for our Involvement. I took forward to working with you to help the Ctty and the Forest move forward in a mutually beneficial retat loos hi p. Sin~ce~r~e~Clyy/,~~ /~r/J..~,r~ F, Elliott ham L j ~ D1st.ric Ranger IIS ro-eeooaep en ~.nn a uwaw~--nrt k.aacu ~oe+cv ~ w„~ ~~ DEPARTMENT OF FISH AND C3AME October 6, 1992 wo pacer vion, axn so coq rAnL a 9x107 (310) 590-5113 Ms, Mikki Eratt City of Rancho Cucamonga ' Planning Division P.O. 80% 807 Rancho Cucamonga, CA 91729 DOLT Ma. Sratt: The Department of Fish and Game (Department) has reviewed the Ruource Management Plan (RMP) developed for the North Etiwanda Planning Area. Overnll, the AMP reprMents a commendable effort to detail resource protection and aitigatlon and monitoring efforts that are tiered to the ^lready-adopted North Htlwanda 9peciiic Plan and which recognize the eraa'• natural habitat values. However, the Department is concerneQ about the current lack of protection of Ch• critical habitats located in the North Etiwanda Specific Plan Aren. The overall aru encomyaos^ a Significant Natural Area identified by the Dapartaent under chnptar 12 of the Firh and Game Code (SBD 110). The Legi•latura ha• charq+d the Department with the task of peklnq protection for these areas. Most of the Brea is outside the City of Rancho Cucamonga'a sphere of Influence, and proSacts continua to be planned and approved under the jurlsQict on of the County of San Dernardino, which he• not taken an active role in the protwtlon of the natural rescures values lound in th1^ area. The Department agrgs that a cooperative planning effort needs to be undertaken between the various locsl juriadlction^ and resource agencies. A regional plan that protects Significant Ecological Aran SHD 110 is asasntial. The ^rea is within the boundary oL the Natural Communitiu Conservation Planning Azea (NCCD) for Coastal siege Scrub, ^nd snrollnent of the atlected jurisdictions and private lends would ba one mechanise ko provide a coordinated approach to development end natural communities conservation. Foreal enrollaent can bring additional staff end ruourcas to the process. Tha eoncapt of an xDU between local, State and Paderel agencies, •• identified Sn the AMP, can also accomplish needed resource protection. The DePartmsnt strongly eupport• pursuit of a coordinated approach to planning for the North Ekiwenda area, end would W happy to assist the City of Rancho Cucamonga in bringing thi^ about. ) `~P w ~.. >e eo•..e !es, xikki nrstt October a, 1992 Paq• TVo Tha Department has uveral specific concerns, relative ko the RMP, and they ar• as follows: - Sansitiva Spacias Surveys. The Depaztmsnt contends that adequate biological surveys for sensitive, rata, threatened and/or endangered plants and arlmals Head to be conducted. Focused EIRe for specitia projects Within the North Etivanda area are Headed to ensure that pnaltive biological resources ara Sdentlfied, and that appropriate protection and mitigation measure an providod. as we stated previously in our Aprii 1, 1992 comment latter on the tinsl EIR for the North Htiwsnde Specif is Plan, delaying thaw aurvaye unt11 the Lima when grading permits nre issued is not appropriate, nor is it consistent with the requirements ut forth under the Calilornia Environmental pusllty set (CEQA). Tha Summary of Biological ReaOUrCa1 (Sao. 1.4), and the LBI: Consultant~^ report upon which it 1s based, do not nddresa all the sensitive plants end animel• with potential to occur on alts, or in adjaceht areas. Up-to-dste survey^ following Department-approval survey prooedures ara naadad. Previous survey ara lnrgely out of data, lnoomplate and aondueted at the wrong times o! yeu. on-site conditions Cava also changed tollowinq recovezy ltom recant rildtirs events. Likwiae, the steles of eensitive,spaciu continues to change, affecting both the determination o! significance under CEQa and approaches to mitigation. - Sansitiva Speolaa xitigatlons. Construction Guidelines for Sensitive biological Resources ara inadequate. It should be noted that 11 the projeo< has the potential to of feet epeales of plant• oz animals listed under the califoznia Endangered Speoiea sct (CBEL), a permit moat be obtained under Saetion 2080 0! the fish ana Gama Coda. Such permit• ara luued to conserve, protect, enhance and tutors the habitat of state-:fisted threatened or endangered epacies. 9lgniticant modifications to a yroject and substantial mitigation measure• may be required in order to obtain a 2081 permit. Potential mltigaYlon meesurea Identified for two state and federally 1letad rndangered plant species (8snta Ma woolly star en6 •Undar-horned splneflover) nra inadequate. Transplantation o1 listed endnngered species la generally unacceptable, snd considered experimental in nature. References to such activities should be deleted from the RNP. Again, a Department-approved ]091 permit is required. 1` ~.. e~ ve eo~d3 xa. xikkl 8ratt October 6, 1993 cage Thraa For aaneltiva apeoiaa nddreaeed under CEQA 6eation i61e0 which era not State liatad under CEBA, uapartment-approved mitigation plnns should be raquire4. Rare Natural Communitiu. The Plan ncognizaa the aanaitivity of Riveraidaan Alluvial fnn Sege ecsub (RAFB), a vary threatened rasa natural aoarmunlty. However, •ignitioant, largely unmitigated loeaae of this community era still propoud, wa racomunded a 2a1 eompaneation ratio for unavoidable leeaea of RAFB in our Apsi1 1, 1993 comment latter. The 1:1 replaeamant ratio for areas targeted !or development under the specific Plan i~ 1naQequata. wham rare natural eommunitiee occur wlthln the 100 year Zloodplaln, the department can recommend a greater emaunt of mitigation under eeetlon 1600 than what was approved by the lase agency in the PBIA. The habitat quality, value of the aru, and presence o! aansitive biological ruourcaa era all conaiderad in our recommendations Los unavoidabie impacts. In examining the deacriptiona of on-site plant communities, we note that the aiolopieal Aeport identifies chaparral in the planning area. The Description on pages {.6-10 euggeats that the chaparral i• dominated by black snge, an Indic^tor of Coaatal aage scrub. It is llk4y that the habitats seprewnt a Coastal saga Scrub/Chaparral ecotone, rather than "chaparral". This issue is important, because like RAFa, Coaatal sage Bcrub can support numerous wildlife speclaa which era species of 9paeial Concern or stab and Zadaral candidates toz listing under their raapeotlva E9AS. This concludes our remarks. Thank yqu for thl• opportunity to comment. Pleeae teal tree to eontavt the Department, specifically Glenn clack at (~1s) 690-{60~, regqarding thaw concerns to Snit late the coordination of a regional planning •tZort. sincerely, war Regional Manager Aaglon 6 cci John xnnlon, U8FW8 Glenn Blsck, NMD, A5 Very Mayer, Nt)D, RS Aavln Brannan, NLM, AS gig PUBLIC WORKS GROUP \~~t~lll~t~~ COUNTY j OF SAN fiERNA9D190 925 EW Third Strwt • San &maNino. CA 92{15-0601 17141 367.26fi7 ~j/~~~~~~ NICMAEL G. wALKEa Fes No. 17161 367-2961 /~~/~III~~~~~ Asnamnt gommutraove Cnc~er October 1, 1992 Miki Brett, Associate Planner Planning Division City of Rancho Cucamonga OCT 5 -~ P.O. Box 807 Rancho Cucamonga, CA 91729-0807 '~18t~IdLlZtlt2a9rd.k~ Dear Miki: a1 This letter is in response to the Notice to Interested Parties dated August 17, 1992, for comments on the City's ENSP Resource Management Plan and the Infrastructure Phasing Plan. While there is a myriad of specific items that deserve further attention if these plans were to ever have any legal standing, I believe the important thing for all coordinating agencies to understand is that no authority presently exists for any of the conclusions or requirements in the City plans. In particular, the California Department of Piah i Game, the U.S. Fish 6 Wildlife Service, the California Regional Water 4uality Control Board Region a and other environmental agencies should know that San Bernardino County is currently the responsible agency for any planning or open space preservation in the area in question, We believe that certain worthwhile open apace opportunities exist within Etiwa nda North but we are concerned that the possible funding mechanisms as outlined in Section 2 of the Resource Management give a totally unrealistic picture to those who must ultimately evaluate our open space efforts. I look fon.~ard to cooperatively planning for the appropriate long- term future of these lands and still believe that we will find that the City, County, State and Federal interests can be brought into harmony. The continued circulation of these plans, as if they were the controlling documents containing untested funding ideas, does not lead us to a positive resolution. Sincerely, Timothy Soh n ~~ West Valley Foothills Manager TL7:sg ec: CADFG USFWS '~I PLANNING DEPARTMENT cpuNrv of sAN SERNpR pINO .~,~~ i~ ENVIRONMENTAL MAN AGEMENT GROW 385 Nonh Arrowhead Avenue San Bammdinq. CA 926150180 17101 387409: ~~//~ ~~~ sin?pf. W HIGHTpw ER Fax No. ;7141 3873223 i ~ ~ Dim~ror of ?'en moq October i, 1992 ~~~~~ ` L.J. Henderson, AICP OCj ,5 _~c~z Frincipal Planner, Planning Division YM community Development Department 319~10ill)12(1)2(3(4(5i6 City of Rancho Cucamonga P.O. Box 807, Rancho Cucamonga, CA 91729 i RE: RESOURCE MANAGEMENT PLAN FOR THE CITY OF RANCHO CUCAMONGA'S ETIWANDA NORTH SPECIFIC PLAN Dear Mr. He~ on: This is provided in response to the invitation to comment on the City's propcsed Resource Management Plan (RMP) for the Etiwanda North Specific Plan. The County of San Bernardino's principal concerns with the Plan at this time are focused on the jurisdictional issues related to the Specific Plan and any asscciated functional plans, such as the subject RMP. You are well aware of the fact that the Specific Plan only rep rese its the city's proposed development goals for the north Et i:aa nda area since the majority of the area is unincorporated land within San Bernardino County. The Plan does not necessarily reflect the goals of the County and because the R`4P was prepared to support implementation of the Plan, the RMP is nct necessarily consistent with County interests in the resouzce issues for the area. Although the RMP identifies the San Bernardino County Floo3 Control District as a key entity for implementation, the only reference to overall County jurisdication occurs in one brief sentence in the Executive Summary. We believe that the primary value of the City~s RMP is to provide a good summary of various sources of resource information about the north Etiwanda area which can be used as a reference for consideration during the review oP any projects that may be proposed in the future. Thank you for the opportunity to comment on the subject plan. Sin RY P R, Acting Director 12D September 7oU~1~~OPMENTvCORPORAT(ON Na. riiki Brett Planning Division City of Rancho Cucamonga P.C. Hox 807 Rancho Cucemange, CA 91729-08007 Aas Draft Anourw Nanagaseat plan for tba Etieanda North speoitio Plan Dear ris. Bract: we are writing on behalf of Bank of America NTLSA (H of A) which ie the first trust deed holder that le in negotiations to take ownership o! Approved riaster Tentative Tract 14605 and tentative tracts 16606-14612 ("Greet"). As you are aware, the Greet property received developmental approvals through the County o! San Bernardino in June of 1991. Since B of A i• not cvrrantly the owner of record, and ie not fully versed on the Etiwanda North Specific Plan, it would be remise for us to try and comment on the currant proceedings. However, it is the intent of the Bank and the currant awarr for H of A to take ownazehip oL tl:e property in the near future. Thus, we would like tho City to send us notice oP eny actions which affect the area in which the Greet property is located. In the future, it will ba B of Ass goel to specifically comment on Ssauee which atfaet the property. Por !afore correspondence, please copy bola our fire at the address on this letterhead, and: rir. Kitchell Bradford Bank of America NTiSA 777 3. Aope 3t., N17-71 Los Angeles, CA 90071 It you have any questions or comments regarding the above, please do not heaitete to call. Sincerely, Sy tray S. Burua Vice-President JSB: em l ~ I 9n P: ,\iru~~h. nq :~~t ~uilr I " ~:a,rRU. I_'~ 9: 1'L • IrI, t/!3) M?1~140J • fA\ 17141 HIi ybl,l ~~nu%na>!cla ~nuili.~,a, t~nc. f]R4R .Y•f)r .~ ~,( Nike p:a, 852EJp5 "FAX 852-0889 September 30, 1992 Ms. MiM Bratt cr. Planning Division OCT 5 -1992 CRY OF RANCHO CUCAMONGA 9191nIu1~11121t~~$I$ P.O. Box 807 Rancho Cucamonga, Calif. 91729-0807 RE: Draft Pre-Annexation Etiwanda North Specific Plan Resource Management Plan Dear Miki; On behalf of the University of California, Board of Regents("University") and Caryn Development Company("Caryn") in regazds to the University Crcst Project, I will be commenting on the City of Rancho Cucamonga's Resource Managemwt Plan ("RMP") as well as the infrastructure, Facilities, and Services Phasing Plan which is part of apre-annexation Specific Plan within the City's Sphere of Influence. As you are aware, the University Crest project obtained development approvals from the San Bernardino County Board of Supervisors on June 24, 1991 which included tentative map approvas, a mitigation monitoring program and a certified EiR among other approval documents. The University has continued to work with the appropriate agencies as designated in the conditions of approval as it proceeds to record map. The University Project was approved for 578 dwelling units and one 12.66 acre commercial site and the Crest Project was approved for b60 dwelling units. In addition to the park requirements, the University will be acquiring from EHL, Ltd, 675.8 acres of natural open space, known as Day Canyon and providing to the County of San eemardino, a dedicated open space easement. The ultimate manager of this designated open space will be either the U.S. Forest Service or the University's Natural Reserve System. l~rnm~ry i• er. UK nNA '11 'N"I' FL N CITY OF ANCHO CU A"ON A Since the University Project has received it's developmental approvals and will be continuing towards record map in the County of San Bemardino, this draft RMP, if adopted, will have no approval impact on this project and therefore, we will not be commenting on the Plan's specifics. We do, however, agree with you on the preservation of natural open space and fcel that the University's dedication of Day Canyon's 675.8 acres to open space more than fulfills that commitment and the mitigation for the proposed development in spirit and in fact. In addition, the University project was resurveyed this spring (May 1992)trtd there was no evidence of threatened or endangered species on the property. 12Z Ms. Mild Bratt September 30, 1992 Page 2 ~OMMENT• INFRASTRUCTUUF FACILI'!'LFS AND SERVICES PHASING PLAN- CI1'Y OF Ra1VCH0 CUCeL~tONGA Since the University Project has received it's developmental approvals and will be continuing towards record map in the County of San Bernardino, this draft Infrastructure; Facilifies and Services Phasing Plan, if adopted, will have no approval impact on this project and therefore, we will not be commenting on the Plan's specifics. But, the University has been working with the County of San Bernardino to implement a Financial Plan as required in the wndidons of approval. In addition, your draft makes numerous referrnces to the University's Natural Reserve Sys[em teing a conservation manager for the open space N the wash areas. A1Nough the University is interested in sound ecological management of this region, the University does not have the funds to Dither acquire or assume additional management responsibility. If the funds are found, the University would be pleated m consider participation in the management of rhea lands. Again, although the actions of the City in regards to their pre-annexation Specific Plan area do not impact our project, they are of interest to us since we want m be cooperative neighbors. If the City feels that these plans in any way impact the approved University Project, please contact me immediately. Otherwise, we appratiate the opportunity to comment on your efforts and look forward to cooperatlvel working with you in the future. mcerel youfa!'~ -Chris F. Pawls PENINSULA EQUITJES cc: Jon Mikels Tim Johnson Pat McGUCkian ildwtah Elliott-Fisk Lisa Riddle Betty McKay David Dilorio \cityrmp.s30 X23 CITY OF RANCHO CL'CAMONGA MEMORt~NDUM DATE: Octobel 14, 1992 TG Chai roan and Members of the Planning Commission Far the purposes of clarification of the role of the California Department of Fieh and Game (CDFG), staff ra commends the following minor technical changes in the Resource Management Plan in response to cotzeapondence received from the CDFG on October 6, 1992, and forwarded to the Commission under separate cover The recommended changes are ae follows: Inge rt 1, pages 1-3, paragraph 3, following "adjacent riparian habitats." The CDFG notes that St the project Aae the potential to affect species of plants or animals listed under the California 64~dange red Species Act (CSEA), a permit moat be obtained under Section 2080 of the Fiah and Game Code. Such pe rmite are issued to cones rue, protect, enhance, and restore the hebl tat of state-listed threatened or endangered ape ciea• Signiflrant modifications to a project and subs eanrial vd. tigetion measures my be required in order to obtain a 2081 pe relit. (WOrthley, October 6, 1992) insert 2, pages 1-3, pa ragreph a, after "CDFG jurledi coon would extend to include this he6ltat." FROM Hrad Bu11e z, City Planner HY: Miki Hratt, Associate Planner 5 ECT: FIIWANDA NORTH SPECIFIC PLAN RESOORCS MANAGEMENT PLAN - Technical ehanyea recam~nded by the California Department of Fish and Gave (CDFG) CDFG states that where chaparral ie dominated 6y black sage, an indicator of Corset Sage Scrub (for example page 6.5-iD in the appendix to the RMP), It Ss Likely that the habitat represents a Coastal Sage Scrub/Chaparral ecotone, rather then "chaps rral•" CDFG further states that Chia issue Se important be ~uee iike RAFS, Cone sal Sage Scrub can support name roue wildlife species which are Species of Special Concern or state end fa de rel candide tee for listing under state and federal Endnnga red Species Acte. (Worth le y, Ort oher 6, 1992). EXM18lT D MEMO TO PLANNING COMMIS"SION ENBP RMP CDFG CHANGES October 14, 1992 Page 2 Insert 3, pages 1-7, paragraph 4, after "because urban development and flood control projects have eliminated it from most of its former ranx." The overall area encompasses a significant Natural Area identi:ied by the California Depa rtmen! of Fish and Game under Chapter 12 of the Fish and Game Code ($BD 110). The Legislature has charged CDFG with the task of seeking prote c!icn for these areas. CDFG requires up-to-date biological surveys which follrnw CDFG approved survey procedures. (worthley, October 6, 1992) Insert 4, pages 1-B, paragraph 4, after "areas within the ENSP which are in private owns sship." where rare natural communities occur within the 100-year Ploodpla in, the CDFG can recommend a greater amount, of mitigation under Section 1600 than what was approved 6y the lead agency in the FEIR. The habitat quality, value of the area, and presence of sensitive biological resources are ail conaide red in CDFG recenmendatlona for unavoidable impacts. (WOrthley, October 6, 1992) BB:MB/jfs ~~~ PAUL R, WAT KING h\nnv]al OAM1 LAi NAY ry{p\ne]q CHICAGO OGFlCE 9EAR9 iOWEX, 9UliE l~00 C^IC/.OC, ILLIN019 BOB00 iELEPXONE IJI]I /]S~1T00 c!x In 11 //mne] lOV'ON OFFICE ONE ANGEL COURT LONOON EC3R >NJ ENOLANO TELEPNON2 OTIa]i 4u fA; 0]I~JIx x110 L09 ANOELf9 OFFICE B]] WFBi GIfiN 9TPEET, 9U,iE J000 l09 ANGEIEB. CALVORNIA 000]ta00] TELEPHONE IJ, ]I aFY l3v FA% 111 J1 FOI ~/10] L4'I'HAM & WATKINS ATTOgNEV9 AT LAW OSO TOWN CENTER ONIVE iW ENTIETN FLOON COSTA MESA. GAUFORNIA DD323n 025 TELEPHONE pH) SAO~t233 FA% (Ttq ]SSd2D0 TLX SOOT]] FLN S2T0]3)2 October 7, 1992 Chairman farry McNeil r' Members of the City of Rancho Cucamonga Planning Commission 10500 Civic Center Drivc P.O. Box 807 Rancho Cucamonga, CA 91729 Ms. Miki Bratt Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Dear Chairman McNeil, Commissioners and Ms. Bratn NEW YOPK OFFICE //5 TNIgO AVENUE. IUrtE ,OOo MEW VOgK, NEW TOPK ,0p13~x\03 TSLEPNONE fl•) q/~I}00 F4X IFI3) Tl,.Y4 9AN OIE00 OFRCF Tot'^' ITPEET, SUITE z, 00 9AN OIE00. CALIFORNIA 410Ptl Ff Tf LEPNONE (/1/135/'II]~ PAN GgANC19C0 OiiIGE SO! uONi00YETV STREET. BUTTE v00 9AN FRAXGIPCO, CALIf OgNl.1 \A\11 ~35\! LELEPXON[ (A, 5) ]0,.0000 fA% I!t!1 J/S~\OFO W ABNINOTON O.C OFFICE 001 PENNPYLVANIA AYE„ N W,. 9uliE V00 WA9NIMOTON. 0 0. 300pb3S05 TELEPrvONE 11031 !]>~]f00 FA% (a031 {)13301 CITY 0~ NA'J6pI3 ~ ,HI PLA~+ININrt p~• . y ~ OCT 12'l99[ 7'$1~Di21s141s,s We are offering the following comments on (1) the Draft Etiwanda North Infrastructure, Facilities and Services Phasing Plan and (2) the Final Resource Management Plan for the Etiwanda North Specific Plan Area (collectively the "Plans") on behalf of Landmark land Company of California, [nc. ("Landmark"). Landmark has previously suhmitted detailed and exhaustive written and oral comments on the components of the Etiwanda North Specific Plan ("ENSP") and its associated environmental documents, in discussions with and letters to the City's staff, in testimony before the City's advisory commissions, and in communications directly to the Ciry Council. Since the Plans are inextricably tied to the ENSP, and in fact were in part included in the E1NSP review by the City, the prior comments made by Landmark obviously apply to the Plans. It is not our intention to repeat those many comments here, but instead to incorporate them by this reference and offer the fo0owing more general comments. EXHIBIT E ~ Z(a LATIIAM d W4TxIN5 Response m ENSP Resource Management Pian Octohr 6, 1992 Page First, it is unfortunate that the Ciry has elected to proceeded with the Plans without involving landmark and the other landowners affected by them in the planning process, except in what car. only be characterized as an adversarial manner. The Plans acknowledge that "three committed mitigation areas" have been set aside through the regulatory give-and-take that is involved in the normal permitting process, as opposed to the adversarial process adopted'oy the City. The Plans acknowledge that the City's objectives is terms of resource preservation cannot be funded except wrath the cooperation of the landowners in the ENSP area. The Plans acknowledge that cooperation on a comprehensive scale "will ultimately provide a more viable means of protecting wildlife resources." Landmark, the landowner of a significant portion of the ENSP area, has considerable planning and development experience in California and is legitimately recognized for projects that preserve and enhance the significant resources of the project area while also creating a diverse and successful residential community. The City should be working with the landowners in the ENSP area, drawing upon their planning expertise and their knowledge of the land and area, identifying constraints and resources and competing goals and objectives, exploring different planning options, and developing a workable plan that ties the ENSP area into the larger foothill area in the County, rather than adopting stake-it-or-leave planning approach, based largely on speculation, that is ultimately flawed because the landowners cannot and wilt not support it. Second, although the Plans freely admit that, given this adversarial planning approach, "preservation can be achieved only through acquisition of ownership," there is no practical discussion in the Plans of how this acquisition is to be funded, except through the wishful thinking that the landowners will somehow fund the acquisition of their property themselves through fees to be collected from them if and only if they decide to implement a wholly infeasible and therefore non-implementable plan. The folly of this approach is manifest, and contrary to the State Planning law which requires ci:ies, as part of the planning process, to consider whether there are "reasonable and practical means for implementing the general plan,' particularly insofar as open space pmservation is concerned, taking into account local "fiscal and administrative capabilities" and broader "economic and fiscal implications." (See, ~, Gov't Code §§ 65030.2, 65300.9, 65400 and 65564.) The sad fact is that the City has not the slightest practical understanding, from what has been provided to the public, of the costs and funding sources for the Plans, in large part because the landowners and their concerns and interests have been kept out of the planning process. This is particularly irresponsible after the recent Supreme Court decision in Lucas v_South Carolina Coastal Council holding that regulating the preservation of natural 12~ LATNAM R WATKIVS Resp~rse m ENSP Resource Managemn-.n[ Plan OaoUe[ 6, 1992 Page 3 resources is the "practical equivalent" of condemning the land. In Lucas, the Supreme Court found "that when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking" for which he is to be reimbursed. Yet, that is precisely what the City is proposing for the bulk of Landmark's land, and again without any serious, practical consideration as to how the City could begin to cover :he takings costs. Third, in light of the manner in which the City has to date approached the planning process for the ENSP area, the Plans are based on a series of exaggerations, untested assumptions and flawed logic, particularly in relation to the Landmark land holdings. For example: The Plans make repeated reference to the "unique peat bog „perched above the Cucamonga Fault near the former U.S. Forest Service's Day Creek Fire Station" and characterize this 'bog" as being a resource enjoying the highest priority of protection among all federal and state wildlife agencies. Yet, the Plans also acknowledge that the 'bog" does not play host to any endangered or threatened species, nor any species proposed for listing as either endangered or threatened. The plans acknowledge that the City does not really understand the hydrologic sources for the 'bog;' but instead simply assumes that it is fed by some natural surface and subsurface flows, and is supported by a "seismic dike." The Plans ignore the data that has been provided by Landmark, which include written correspondence from the Cucamonga County Water District and historical accounts of the Etiwanda Water Company indicating [ha[ the origins of this feature are the result of biologically speaking quite recent man-made improvements. Informed analysis of the locations of ntzn-made underground water conveyance systems, the history of those systems, there importance to the "bug" and the likely consequences to the 'bog" if they are repaired or abandoned, all would appear to warrant discussion and consideration before the City finally decides how this area should be treated, and whether its acquisition by the Ciry is warranted. The Plans treat "Riversidean Alluvial Fan Scrub" (or "RAPS") with almost the same amount of reverence as it does the bog." Again, from all that is revealed in the documentation produced in support of the Plans, this treatment is a vast exaggeration of the importance of RAPS. It may be that with flooding control measures and development in the foothill areas ~Z~ LnTanN R wATKIdS Response to ENSP Resource Maru~gement Plan Oclolmr b, 1992 Page 1 the extent of RAFS may be diminishing, but that is not an assessment of the value of RAFS from a biological, ecological or natural resource viewpoint, nor does it provide any measure by which to ascertain whether, how much and where RAFS should be preserved. The Plans, in fact, give every indication that the City is simply using the existence of RAFS in the ENSP area, at the urging o}' wildlife agencies, as an excuse to impose resource management obligations on the landowners in this area. That approach also ignores other, more viable and reasonable options for reserving RAFS that does not involve such wholesale and impractical acquisition of private property. 3. The Plans call for the preservation of the knoll between Day Creek Channel and the 'bog" as a public park. Landmark believes that there are far more suitable areas for a public park throughout the 6,000 acre ENSP area. There is nothing presented in the documentation supporting the Plans to justify the selection of this site for a public park as opposed to other areas of the ENSP, nor io justify the need for a passive park here given the proximity of the area to the San Bernardino National Forest. Again, landmark believes that a more cooperative and comprehensive approach to the planning for this region is in order than is reflected in the Plans. 4. The Plans call for the entire ENSP area to fund, through fee payments, a public equestrian center to be operated by the City. While a public equestrian center may be desirable, it is hardly reasonable nor legal to require the ENSP area to pay for a facility that is for the benefit of the public at large, rather than just the ENSP. From a nexus standpoint, the proposed fee cannot be justified as an exaction against the ENSP area. If a public facility of this type is required, then it should be a public obligation. Moreover, we are not aware of any precedent for the proposition that creation of an equestrian center as a subdivision exaction in any way meets legitimate police power concerns of any city. The Plans have been built around such exaggerations, untested assumptions and flawed logic. We think the more responsible course is the one Landmark is pursuing in the County of San Bernardino, which invoh~es cooperation in planning on a comprehensive scale, based on conservative investigations, taking into account practical constraints and ~Z I LATNAN Q W'ATCIVS Respo~vse to ENSP Resource Management PUn October 6, 7992 Page 5 solutions, and which we think "will ultimately provide a more viable means of protecting wildlife resources" in the context of a feasible plan far its property in the content of regional assets. As we pursue that course, we naturally intend to be mindful of the wishes of the City as reflected in the intent behind the Plans. But, we cannot simply adhere to a plan such as the Plans, conceived through the vacuum proeess used by the City, devoid of such practical considerations as fiscal feasibility and legitimate, private, investment-backed expectations, ignorant to resource management and enhancement opportunities that exist on land currently in public ownership, and very apparently intended to achieve, by some hopeful means, a preordained acquisition of private land without regard to economic reality. trul~rs, Robert K. Break ec: Supervisor Jon D. Mikels Mdy Vossler Richard Douglass Michael Bradley, Esq. i3a oLD sosxdess E. ETZWANDA NORTH SPECIFIC PLAN DRAFT RESOURCE MANAGEMENT PLAl~ - CITY OF RANCHO CUCAMONGA - A plan to coneerva wildlife [assure+• within the Etiwanda North Specific Pian area: a request for review and recommendation to th+ City Council. F. F NORTH SPECI PIC P N D AFT IN FRASTRUCTUAE FACILITIES AND SING PLAN - CITY OP RANCHO CUCAMONGA - A request for review and r+coo.n+ndation to the City Council. Niki eratt, Associate Planner, presented the eta Ef r+pact. Commissioner Melchor asked if the Infrnatructure Fac it it lee and Berv tees Phasing Plan was the subject which the lace Mr. ^:IOr io Ratl aeeertetl was not financially feeeibla. Ms. Brett thought that was probably CRS R+soures Nanaganrent Plan. Sha felt the inf zaetruttute Phasing Plan would b+ feasib la, but perhaps not Ln ire prevent form. Shs stand that Mr. D1Iorio hsd been proceeinq an lnfras[ructure financing plan in the County. Sh+ noted the fade ability of the R+wurces Management Plan--not as adopUd in tM CLt y'• Sp+cif is Plan, but ae racommendad by the wildlife aganeies--would be contingent upon major purchases north of the double powr line and that would coat a lot. Commissioner Nelchar qusat Toned iE the changae propoead by the California Department of Fivh and Gnaw w+re wiC Rin [Rat depar rove nt'• authority. He. Brett responded Ghat the proposed Chang+e appear to he etatement• o[ facto about [hair authorit}'. Comnieionsz To L[oy observed that the value of the Raaou rte Management Plan entl the Infretructure, Pacilit ass, and Services PRe•Snq Plan i• to provide guideline for City roam+nt• on propped development Ln the area bee au ee the City ha• no jurisdiction over the property. Ne quest lonsd chat would happen if tM County approve various projects wit Rin that •re without coneidara<:on of the impacts of runoff waters or treff is on Rancho Cucamonga. Brad Buller, City Planner, •ubd the Clty faced that lee durLn9 thv County's environmental review a[ the pro}act that i• currant ly approved. Ha no bd the C1[y would continue Go face that iu ue with uch vm equ+nt project that comae through. X+ to It th+re may come a poinC in time when the City will have to start caking mesure• within City bou ndan+s to try [o ma :gate impacts that may have ben cued by dwelopmet within the County. He ho pad that some gaps between the City and County would be bridged to br:nq resolution co rhos lees. Xs noted Chet foreseeable impacts can range from •igniEicant to minimum. Planning Commie ion Ninu u• r~tl'`- October 14, :997 DRAFT i3 ) EXHIBIT F FOR QISCUSSION PURPOSES ONLY Commissioner Toletoy asked if that meant the City would have tc foot the biii for mitigation measures to address those impacts. Mr. 9u llor responded that could bo the case unless the County nvgut iat ea or Colluwe the qu idolines prosonted in the Congest icn Management P1 an requiring Chat impacts on neighboring eommunit iae• int ersectione moat be addressed bv_ the entity allowing dwelopm¢nt which will cause the impacts. Commies loner To letoy felt it to b¢ extremely important that the Commission De kept awnrs of what i• gcing on. H¢ alsc fele rt may De necessary [o change some planning in Chat pert of the City to accommodate the impacts. Commieeionor Malchar felt that would ba a worthwhile approach. Commiceic net Tol otoy felt it may ba eho only approach and he though[ ii ie important for the staff to De quits sansit lve in that regard. He wanted to be •ure action ie taken before a crime err ivee. Commissioner Nelcher •tatad he was sympathetic to Commissioner Tolatoy'e conn~ente, but he felt the cr isi• had already begun. He thought a return tc moss prosperous times would begin tc chow the affects. Ns felt a defensive plan i• probably nscss a ry, but • cooperative plan would b¢ better. H¢ suggested the Commission assert itself to t.y to qei a dialogue going wah tfre County. Comm i••ioner To Ltoy agreed n cooperative plan would be b¢cte r, but felt Che Commi a ion •heuld take action if a coopere[lve plan dose not mat erialixe. He commended the advance planning ats [f for their studies and the analysis they provided. xo felt the Commission should atatt to think about what options are available to insure that the impact of development in the county dose not destroy the bo rdarline. Mr. Rulier felt she Commission •hou ld be commended for its willingness to talk to tM County end any property owners regarding the Et iwende North area. He noted that all of our meetings have been noticed to the public to invite participation. He thought it unfortunate that numerous part iae have chocen not to part is lpat• Ln Calking to us about the it ie sues other then to argue a point at public hurings. Commiealoner Valletta questioned the term 'Memorandum of Understanding.' She asketl what could ba done to promote the concept of joint committees wish ocher agent ies. Me. Brett responded that a Memorandum of Underet and inq ~MOV) is a ccr.t ract among agencLe• antl ten De a very simple contract of intention to act in a certain way or a more structured contract vp¢ll ing out the reopens ibilit lee of oath perry. Nr. Buller noted that an MOV can be in a vsr iaty of forma, such a• the Joint Powers of Agreement on Route 30. He said that would entail entering •nto an agreement and uLblishing rule, bylaws, end regulet:one an the eublect matter that you're dealing with, which in this case would be the conaervat:cn Planning Commies ion Mlnutee ~> October 10, 1992 DRAFT X32 FOR DISCUSSION PURPOSES ONLY of lartl. Ha acknowledged it i• an aweoome teak to get all of the agent iee and groups togot hot, but felt it was where the process neetla eo start. Commieeioner Toletoy exprouetl concern about the impact of development in the sphere area on the City's police and tiro services. Commieeioner Valletta asked if it would be prudent to have ropreeontat ivee from the Planning Commie ior. a participente in meet inge with the varioua a gent iee. Mr. Buller responded that some of the issues that would be dealt with would moat likely include the City Connell Subcommittee. He thought they would invite participation by the Planning Commission on Planning Cammieeion items. Commieeioner Valletta suggested that a subcommittee be appointetl or Che item ba placed on the next Planning Commies ion agenda. Chairman McNiel agrud that would M a good idea. Commieeioner Toletoy wondered how the City Council might foal. Chairman HeNiol •uggosbd Lhs Commi uion qo ahead and appoint a wbcommittoe. Commies ionor Toletoy hoped the Council would sonde that the Commission would like to understand and M hslpfu 1, not to meddle. Chairman McNiel felt the Commission should operate on the aeeumption chat what happon• Ln the Bt iwanda North ern would come before the Commi o ion anyway. commioslonar Toletoy stated that if the annoxet ion should take place, the Plannlnq Commission'• role 1• spelled out. However, ha did not feel annoxet ion would take place, and he was not sure there to a set role for the Planning Commission it the land remains in [he County. Chairmen McNiel disagreed and tali the Commlae Lon needs to be involved. Commie ionor Toletoy agrud that the Commie ion ehoultl be involved. Mt. Buller •ugquted the Commie icn may wish to see iE any mambere in the audlenca would like Co speak to the matter. Chairman MeN isl Lnvlbd public conmant Richard Doug lee, Landmark, 10610 Roberta Road, Calimeoa, et aced the letter they had received did not ind icato the matter would be a public hearing. Ha •aid he had cal Ud •Gtt and we• to id it uea not a public hearrng and was thoretoro not propare0 to offer any comments other than those contained rn bps attornsy'• Ltbr. Ne eked if she item wee a public hearing and if is nod been not is ed as such. Hx. Bello[ •Gted that there was no legal edve rtiesd public hoer ~nq requirement for the item, but any moat ing of the Planning Commie eion is public. Plana •nq Commissicn Ninutse a~3V~ October 14, 14L1 DRAFT l33 FOR DISCUSSION PURPOSES ONLY There were no further publle comments Chairman McNiel felt it may be a good itlea Co appoint a eubcomm it tee in the event one L needed. Commis •laner Ch it isa thought it would be appropriate to indicate a will ingnese of the Commi se ion to participate. She felt it would be a positive, poract ive nFPtpncD to appoint • subcommittee Snsteed of waiting for ecniethin9 to happen. Commiuioner Ns lc Der felt, the Commiuion ehou ld take a more nggreneive role and aue[t itself [at Der than •imp/y indicating avail aDil it y. He [Doug ht the Commission needed to have a voice in planning cone iderntions. Commissioner Vallatte felt Commies inner Melcher would be a goad member of the suDCOmmittee. Commix loner ToLtoy suggaied the Logic be placed an the nett agenda Ln order to appoint • subcommltUe. He augquted the Commission accept the docume stn presented antl recommend approval to the City Council. CasmL•inner Vallatte staUtl that Miki Blatt tlsurved to be recognized for the high quality of her camunb and praentat ion. Coon issioner Tolstoy agreed. Motion: Moved by Tolstoy, seconded by Chit isa, to accept the documents with revisions suggHtsd by staff and reconend approval to the City Council. Notion carried by the following vote: AYES: COMMISSIONERS: CNITIEA, MCNIEL, MELCNER, TOLSTOY, VALLETTE NOLS: COMMISSIONERS: NONE kNSENT: COMMISSIONERS: NONE -cart isd P l.anning Commies ion Minute •.11}.- October lA, 799] DRAFT 13~{ FOR DISCUSSION PURPOSES ONLY CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 4, 1992 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner 9Y: Daa Coleman, Principal Planner ~+, SUBJECT: WS SE OAR BCHOCL (MODIPICAT ION TD CUP 91-17 - WI LIlJWS COtRAUNI TY CRURCH) BACRGWOND At the applicant's request, the P1annSnq Coaa:ission conducted a new public hearing on October id, 1992, to consider new information and public input. At the concluelon oC the hearing, the Planning Co:aniseion accepted the applicant'9 proposed solutions and approved the CUP mcdi Eication for the private R-e set.ool. The Resolution of Approval is attached Eor your inEOrma tion. Ae9pPC~y 9Ubm1' d, L/KGs / ` j Brad B er L City P annex BB:DC /jfs Attachments: Reaoluticn No. 91-79A RESOLUTION NO. 91-79A A RESOLUTION OF THE 2LANN:NG COMMISSION OF THE CITY OP RANCHO CUCAMONGAr CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONAL U56 PERMIT NO. 91-17 TO ALIAw A PRIVATE %-e SCHOOL IN CONTUNCTION NITH AN £%ISTING CHURCH IN A LEASED SPACE OF 8,429 SQUARE FEET NITHZN AN OFFICE PARR ON 12.59 ACRES OF LAND IN THE OFFICE PROPE SS IONAL 20NE, LOCATED AT 10601 CHURCH STREET, AND MA%SNG FINDINGS SN SUPPORT THEREOF - APN: 1077-421-31. A. RwitaU. (i) willows Cammu nity Church hoe filed an application to modify Conditional Uae Permit NO. 91-17 as ducrlbed in the Lit la of to i• Resolut>an. Hereinafter in thi^ Rual~t ion, CM .object requut i• Nhrred [o a• "the application." (ii) On the 26th day of August 1992, the Planning Commission of eM City of Rancho Cucamonga conduced • duly noticed public hearing on the appllcat ion, concluded old huring on tMi dau, and dlreceed staff to prepare a Ruolutian of Denial. (iii) On September 9, 1993, the Planning Coemlu ion took no action regarding the Auoluiion of Dental and dlrecied seat[ to re-advertiu [M public hearing for tM next avallabU mNelnq to allow for consideration of new intarroaticn and add ltional public testimony. (LV) On eM 14th day of October 1992, the Planning Commi uion conducted a duly not LCSd public hearing on the application •nd concluded said huring on that date. (v) All legal Drerequisitu prior to the adoption of chi. Reaclution have occurred. B. Resolution. NON, THEREPORE, Lt 1• MraDy found, daterminsd, and resolved by the Planning commie ion of the City of Rancho Cucamonga a follows: 1. Thi• Camelu ion herby spec ifiq lly finds that all of ens farce sec forth in the Recitals, Pert A, of ~thL Reso lotion are true and correct. 2. Cued upon suhrtantial evidence presented to tni• Comm iaa~on during the above-referenced public hurinq• on Auqu st 26, 1992, and October 14, 1992, including w[itten and oral staff report •, cogetMr with pub: ,c tucimony, to is Commie ion hereby epecitically Elnd• a follows: (a) TM appiicat ion applies to property locaxad at :DSC: church Serest wLeh • Krest [rootage 711.95 feet and a lot depth of .71.6: feat •nd i• prosntly improved with tour of lice 6u ild Inge, •nd 13G~ PLaNNINO COlelI aalON ItiaOLUl'ION NO. 91-79A COP 93-17-NILf,ONa COIOpi11I TY CNUPCN October 11, 1992 Aage 2 fb) Tha property to the north of tae subject siU L dwaioped rith apartwnb (E-16 drellinq unit. yer acn). The proyertlu to tM south, uat, and rest lte vacant. (c) TM applicant proposed to operas • church rith sating for 210 and ritA urvieu held on raekende and ruknighte only. (d) TM appl lcation alw eontesplabe tM operation of private school, otlerl+q xindergartu through Eth grade Lmtrvotlon, on Monday through -rlday Mtrsen tM hours at l,t9 a.s. to 2:15 p.s., plus child care before and after school [sos 6:00 a.s. until i~00 p.a,. In addliion, • variety of art claeNe rill G offered, including aweic, dance, and azaaN, Monday through Pzlday tree ]100 p.s. to 9:00 p. s. n:rtMr, the 'Merry i IM• eLUee rill W dUCOnt inued. F.1 A total of 3a parking spaces are prepntly allocated for tale lease apaq. (f) TM appilwtion conteNplatea a projected Kudent auollarnt of !20 children. (q) TM appl ioation eontaplatn tumport lnq students by vw to use atpruee Avenue Park, lxated approzlaately tro Dloeke Gray, on • daily baste for physical dewloprnt prograu. ]- Need upon CM subatwtial wldenn preunted to chic Co®1/aion during tM ebov-nfeewew public hurlnq and upon Che apecit le [lndinge of Yacte set Yorth in paragraphs 1 and 2 above, CAL Ca®laelon h.reby [lode and eoneludee a lolloree (a) That the promeed uu 1s In afford with the Cenanl Plan, tM objsctlvu of tsar Developrnt Code, and LM purpoue o[ CM dLtrict in which the sits Ss locatW. (D) TnK fns proposed use, CogetMr rich the eonditlone applicable eMreto, x111 not be dstriaental to the puDlle Malth, safety, or stare of enuzially injurious to propertlo or isprovemente in eM vlc lnlty. (c) Tnat CM propoes0 uo cwpliee with uch o[ tM applicable pzovlslons of the Oswloprnt Cade and Terra VLL Community plan. e. This CoarLLLOn hereby finds and certi[iea that tM project hoe been rwlewd and eoneldered in eoapllanee wits tM Giltornia Environmental Quality Act o[ 1970 and, Yurther, tole Cosleeion hereby Suued a Negatave OacUUtion on 7um 26, 1991. 9. Rued upon tM findings and concluaione ut forth in paragraphs 1, $, 3, and a above, ChL CosmLelon herby approves the app11ut1on wbJecc to each and every condition wt forth Mlor: IJI PLARNING CON7lI d8ZON Rr50LUTION NO. 91-79A CVP 91-17-NI I.Z.ONB CCpq(DNITY CHURCH October la, 1997 Page 3 1) Approval o! this requNt atoll not waive ocmpllance with all aselione o[ the Terra VL/ea Community plan, tM Dwsiopsant Coda, and all otMr appllcabL city osdinaneu. 2) I! tM opratlon o! tM facility eau N• advsna effects upon adi aeMt busin•sNe or oprationa, including but not limited to noiu, the Conditional UN Permit atoll M brought Mtora tM Planning Coain ion for reeonaiderat ion and pouibL tecminatlon of LM uN. 3) All Onllerm euildinq Coda and Mats Plre Marshall/a raqulat ions shall W complied with within 60 days. !) Any signs proposed tot LM tacil ity atoll W du igned Sn conformance with the CompnMnalw sign Ordinance and tM Dnlform Sign Program for the eompUx and ahQl require nvlw and approval by the Design Nviw CoamietN prior to inKalLeion. 5) TM facility shall W oprated in tontormanca with CM prforrnee standards a defined rithln the Terra Vi/u Coruniey plan and CM Devaloprnc Coda including, but not 1lmite0 to, noLN levaL. 6) Church eervlgs or other public usambly )i.e., SO or sore prwns) shall M •llowd on wNknlghts after Si ]0 p.e. and on wakands. 7) Sn no avant atoll any clue or uN of the tac it lty exceed LM available parking for th i^ luN epee. B) The pr Suers x-! school shall M conducted antinly within In enclosed building, except for a[f-sits LLld trip Or any apcial event approved through a wpau Temporary VN Permit. 9) Regular uN of any public prk aha 11 M sub)ect to rsviw and approval Dy LM Community Services Dsprtment. 30) All atudant^ atoll b• driven Co and from Spruce Awnw Park, it Nld prk i• aced !or aohool act lviilN, until ouch time a the interact ion i3$ PLANNING COMMISSION M.SOLUTION NO. 91-~9A CUP 91-17-N ILLOHS COMMUNITY CHVRCM OctoMr 11, 1992 Page t o[ Church StrNt and Elm Street i• posted a• a tour-way atop and a palmed crouwalk inetalied o[ a t[affie signal inrtalled and oparaC tonal. 11~ TM applicant shall install a student loading zoos in [root of the main building entrance by •liminatin9 Buff is isnt parking apap• accordingly wb]ect to pLn review and approval Dy the City Planner. Pavement markings and a sign, up to lour square feet in area, shall W posted idsnti[yinq the purpou o! uid zone. 6. TM Secretary to thin Coaelulon shall ca re lfy to tM adopt loo of thL Ruolution. APPROVED AND ADOPTED TRIS 14TH DAY OP OCTOlLR 1992. PLANNING COM~fI SSION OT THE CITY OT RANCHO CVCANONOA EY ATTESt: I, Brad Buller, Secretary o! Che Plano lnq Comission of the Clty of Rarcho Cucamonga, do hereby cart lty that the foregoing Auol~tion was duly and cpuLrly introduced, pawed, and adopted by Che Planning Commie ion of the City of Rancho Cueasanga, st a regular meeting o[ the Planning Commission M!d on the 14th day of aetoGr 1992, by tM tollwlnq you-to-wit: AYES: COHNI SSIOMLRf: CHITI!A, MCN ILL, MELCMLR, TOLSTOY NOES: COMHISSIOIli115: VALLLTTL ABSENTS ODMMI SSIONLAS: NONE 13~ ill i VP ttAtV l,riV I,UCAMVNIiA REDEVELOPMENT' AGENCY MEMORANDUM ; ~ r. DATE: November 4, 1992 ~~ TO: Chairman and Members of the Redevelopment Agency Jack Lam, AICP, Executive Director FROM: Oien Jones, Senior Redevelopment Analyst v~ SITBIECf: CORRECTION OF ITEM ON CONSENT CALENDAR An incorrect contract number and bond amount has been noted in the second item for Consent Calendar, on the Redevelopment Agency Agenda, for the release of the Maintenance Guarantee Bond for Banyan Fire Station No. 175. The item should read as follows: 2. Approval to Release Maintenance Guarantee Bond for Contract RA90-006, Construction of Banyan Fire Station No. 175. Release: Maintenance Guarantee Bond $2,640,850.00 Pepperwood Apartments Proposal Location: South side of Foothill Boulevard, West of Hellman Avenue. Acres: 10 No. Units: 230 Proposal: Redevelopment Agency will provide a loan in the amount of E3,680,000 to finance the preservation of 20X of the units (46) as affordable. Owner will agree to restrict these 45 units to the income levels required under the Western Center Settlement for a period of not less than 30 years. Project was originally financed with Multi-Family Mortgage Revenue Bonds, requiring 20X of the units to be set aside for families at 80% of median income. There +s currently no rent restriction, only an income restriction. Benefits: • Preservation of axistine affordable units in compliance with new Housing Element Law. + Immediate credit for 46 units of affordabie housing in the redevelopment project a: ea to help satisfy the 1$X requirement. • Income levels will be reduced to comply with the Agency's requirements. • Rent restrictions will be applied to the affordable units. • Agency's position as lender for 2nd Deed of Trust o((ers greater security for its investment. tiovember 4, 7992 Mayor 17ennis Stout Members of the City of Rancho Cucamonga City Council 1000 Civic Center Drive P.O.Box 607 Rancho Cucamonga, CA 9]729 RE: Etiwanda tiorth Specific Plan Infrastructure, Facilities and Services Phasing Plan and Resource Management Plan. Dear Mayor Stout and Counci! Members. On October 14, 1992, the Rancho Cucamonga Planning Commission, by minute action, forwarded the above referenced plans to the Rancho Cucamonga City Counri] for consideration. Prior to the action taken by the Planning Commission, the attached letter was sent to the Commission and members of the city's planning staff for their consideration. Since wv are unsure of the procedures which are being undertaken by the City to solicit comment on these plans, we are providing a copy of the letter which was sent to the staff and the Planning Commission for the City Council's consideration. The points made in the letter continue to reflect Landmark's position as well as facts and information which the City Council should consider before acting upon the respective plans referenced above. Sincerely, Richard P. Douglass, AICP Planning Manager Landmark Land Company of California, Inc. c.c. Robert K. Break Michael E. Bradley, Esy. Supervisor Jon U. Mikels Andy Vossler UNDMARK IAND COMRANY OF CALIFORNIA, INC., RO, Box 645, Calim¢sa, CnlKOmia 943Y0 714795-8941 PAUL q WATKIN$ (156 B~1 Y)]) pANA LATHAM (IflBO.I p]4 CRlugo OFFICE ^EAgS iOWEq, SL'ITC S9aB OH~OAGD, ILlIN010 t^.BOe iELEPNON[ I]I]) e>9.>)a0 LCNGCN OFFICE ONE ANGEL COVRL LONpON EC}P YHJ E.VGLANG Y[LF.'PIIONE 0)n¢u uu FAX 0>f.])4 449C LOS I4G ELE5 CccICE b]] wEF' FIFiN S:P'c ET, °VIiE 4cCC LC$ ANGELES, CALIFOP VIA BCO1,.$00] 'FLEFNONE 121 ]I 4PS~t tO• FA%121 ]j BB1 ~fi)85 LATHA.\f & 1VATKiNS ATTDRN FYS AT IAW GEO TOWN CEIlTEP pRIVE T'NE NTIETH FIOOR COSTA MESA, CALIFORNIA 92626.1925 TELEF HONE ptd) 510-12JG FAX (11Q >SJ~0200 TL% 59Gi>) ELN 62]932]2 October 7, 1992 Chairman Larry McNeit Members of the City of Rancho Cceamonga Planning Commission 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Ms. Miki Bnttt Associate Planner City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Dear Chairman McNeil, Commissioners and Ms. Bratt: NEw vOgK OFFICE 555 TNIPD AVENV E, SVIiE ICCO NEW YORK, rvEw YOPN t0CV2.ABC} TELEPHONE 2t}) p05~1}CO FAX 12111 ]51.4954 9AN pIEGO OFFICE ]Of 'B•STREEi, SGITE }IOC $Ax pIEGO, CAUFGRNIA p}.OF51 B) TELEPnO VE IOlpl }pe.f2]4 FA% (5 f 0) eB894, e SAN FgAUC:SCp OFFICE S05 MONTGOMERY STREET, BVI)E 1p00 SAN FRANCI3C0, LAIIfORNIA p41f1.}S9e TEIEPHO4E (4, 5) ]pI.C500 FAx plsl ]vs.ecpa WASHING'0Y O C OFFICE ICEt PENNSYLVPNIA AVE.. N W SuliE ,]C: WASHINGTON. 0 G }OOCb25C5 TELEPHONE (}C}I ea).22EC FA% 1102) 5]]210' We are offering the following comments on (1) the Draft Etiwnnda North InGastructure, Facilities and Services Phasing Plan and (2) the Final Resource Management Plan for the Etiwnnda North Specific Plan Area (collectively the "Plans") on behalf of Landmark Lwtd Company of Cnlitnrnia, Inc. ("Landmark"). landmark has preciously submitted Liehtiled and exhaustive written and oral comments on the components of the Etiwnnda North Specific Phut ("ENSP") and its associated environmental documents, in discussions with and letters to the City's staff, in testimony before thr, City's advisory commissions, and in communications directly to the City Council Since thz Plans arc inextricably tied to the ENSP, and in fact were in pan included in the ENSP review by the City, the prior comments made by landmark obviously apply to the Plans. It is not our intention to repeat those many comments hr. re, but instead to incorporate them by this reference and offer the following more General comments. IATI!AN S k'ATxIRS aupca~e to EVSP Picwurcc Mana¢cmcnt Plan Oc:obcr fi, 1992 Page 2 First, it is unfortunate that the City has elected to proceeded with the Plans without involving Landmark and the other landcwners affected by them in the planning process, except in what can only be characterized as an adversarial manner. The Plans acknowledge that "three committed mitigation areas" have been set aside through the regiilatory give-and-take that is involved in the normal permitting process, as opposed to the adversarial process adopted by the City. The Plans acknowledge that the City's objectives in terms of resource preservation cannot be funded except with the cooperation of the landowners in the ENSP area. The Plans acknowledge that cooperation on a comprehensi•~e scale "will ultimately provide a more viable means of protecting wildlife resources." Landmark, the landowner of a significant portion of the ENSP area, has considerable planning and development experience in California and is legitimately recognized for projects that preserve and enhance the significant resources of the project area while also creating a diverse and successful residential community. The City should be working with the landowners in the ENSP area, drawing upon their planning expertise and their knowledge of the land and area, identifying constraints and resources and competing goads and objectives, exploring different planning options, and developing a workable plan that ties the ENSP area into the larger foothill area in the Counrv, rather than adapting atake-it-or-leave planning approach, based largely on speculation, that is ultimately flawed because the landowners cannot and will not support it. Second, although the Plans freely admit chat„ given this adversarial planning approach, "preservation r.1n be nchieced only through acquisition of ownership;' there is no practical discussion in the Plans of how this acquisition is to be funded, except through the wishful thinking that the landowners will somehow fund the acquisition of their property themseh'es through fees to be collected from them if and only if they decide to implement a wholly inf..asible and therefore non-implementable plan. The folly of this approach Is manifest, and contrary to the State Planning law which requires cities, as port of the planning process, u) consider whether there are "reasonable and prlcticnl means !i)r implementing the general plan," particularly insofar as open space presen'ation is concerned, taking into account local "tiscal and administrative capabilitieti' and hmudcr "economic and (i:;cal implications:' (See, ?.&, Gov't Code §,vv' 65030.2, 65300.9, 65400 and 55564.) The sod fact is that the City has not the slightest practical understanding, from what has been prodded to the public, of the costs and funding sources for the Plans, in large part because the landowners and their concerns and interests hate hecr~ kept out o(the planning process. This is particularly irresponsible Ater the recent Supreme Court decision in Lucas v Southt C_arolin_i CCnast_ti Ctnmr.il holding that regulating the preservation of natural LATIIAN A 0.'ATFIFS Rrsponsc to EP'SI' Resccrcc Mnnagcment Plan Oo.ohr 6, 1992 Pugc 3 resources is the "practical equivalent" of condemning the land. In Lucas, the Supreme Court found "that when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, [hat is, to leave his property econornicaily idle, he has suffered a takln~' for which he is to be reimbursed. Yet, that is precisely what the City is proposing for the bulk of L:mdmark's ]and, and acain without am serious, practical consideration as to how the City could begin to cover the takings costs. Third, in tight of the manner in which the City has to date approached the planning process for the ENSP area, the Plans are based on a series of exaggerations, untested assumptions and flawed logic, particularly in relation to the landmark land holdings. For example: The Plans make repeated reverenre to the "unique peat bog .. perched above the Cucamonga Fault near the former U.S. Forest Service's Day Creek Fire Station" and characterize this "bob' as being a resource enjoying the highest priority of protection among all federal and state wildlife agencies. Yet, the Plans also acknowledge that the "bob' does not play host to any endangered or threatened species, nor any species proposed for listing as tither endangered or threatened. The plans acknowledge that the City does not really mtdcrst:md tftc hyctro!ngic sources for the "bog," but instead simply assumes that it is fed by some naturrl surface and subsurface flows, and is supported by a "seismic dike." TL-e Plans ignore the data that has been provided by Landmark, which include written correspondence from the Cucamonga County Water District and historical accounts of the Etiwanda Water Company indicating that the origins of this feature are the result of biologically speaking quite recent man-made improvements. Informed analysis of the locations of man-made underground water conveyance systems, the history of those systems, there importance to the ' bad' and the likely consequences to the "bod' if they are repaired or abandoned, all would appear to warrant discussion and consideration before. the City finally decides how this area should be treated, and whether its acquisition by the City is warranted. 2. 7-he Plans treat "Riversidean Alluvial Fan Scrub" (or "RAFS") with almost the same amount of reverence as it does the "bog." Again, from all that is revealed in the documentation produced in support of the Plans, this treatment is a vast exaggeration of the importance of RAFS. Il may be that with flooding control measures and development in the foothill areas LATHA!d R K'ATA:NS Rcsnenu to ENSP Rcwurce Management Plan OClobcr 6, 1991 Page 4 the extent of RAFS may be diminishing, but that is not an assessment of the value of RAFS from a biological, ecological er natural resource viewpoint, nor does it provide any measure by which to ascertain whether, how much and where f2AFS should be preserved. The Plans, in fact, give every indication that the Citv is simply using the existence of RAFS in the ENSP area, at the urging of wildlife agencies, as an excuse to impose resource management obligations on the landowners in this area. That approach also ignores other, more ~.dable and reasonable opticns for reserving RAFS that does not involve such wholesale and impractical acquisition of private property. _. The Plans call for the preservation of the knoll between Day Creek Channel and the "bos' as a public park. landmark believes that there are far more suitable areas for a public park throughout the 6,000 acre ENSP area. There is nothing presented in the documentation supporting the Plans to justify the selection of this site for a public park as opposed to other areas of the ENSP, nor to justify the need for a passive park here given the proximity of the area to the San Bernardino National Forest. Again, L;mdmark believes that a more cooperative and comprehensive approach to the planning for this region is in order than is reflected in the Pions. 4, The Plans call for the entire ENSP area to fund, through Cee payments. a public equestrian center to 6c operated by the City. While a public equestrian center may be desirohle, it is hardly reasonable nor Legal to require the ENSP area to pay for a facility that is for the benefit of the public at large, rather than just the ENSP. Prom a nexus standpoint, the proposed fee cannot be justified as an exaction against the ENSP area. ff a public facility of this type is reyuired, then it should be a public obligation. Moreover, we are not aware of any precedent for the proposition that creation o(an equestrian center as a subdivision exaction in any way moots legitimate police power concerns of any city. T he Phms h;n'c been built around such exaggerations, untested assumptions and flawed loeic. Ne think the nu>re responsible course is the one L.mtdntark is pursuing in the County of San Bernardino, which involves cooperation in planning on a comprehensive scale, based on conservative investigations, taking into account practical constraints and LATa.4M a< w'ATAINS Resooruc to ENSP Rcwu(cc Management Plan October 6, 1992 Pagc 5 solutions, and which we think 'will ultimately provide a more viable means of protecting wildlife resources" in the context of a feasible plan for its property in the context of regional assets. As we pursue that course, we naturally intend to be mindful of the wishes of the City as reflected in the intent behind the Plans. But, we cannot simply adhere to a plan such as the Plans, conceived through the vacuum process used by the Cing devoid of such practical considerstions as fiscal feasibility and legitimate, private, im~estment-hacked expectations, ignorant to resource management and enhancement opportunities that exist on land currently in public ownership, and very apparently intended to achieve, by some hopeful means, a preordained acquisition of private land wi!hout regard to economic reality. Very truly yours, ~b ~ ~-- Robert K. Break cc: Supervise: Jon D. Mikels Andy Vosslcr Richard Douglass Michael Bradley, Esy.