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HomeMy WebLinkAbout1995/03/01 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. March 1, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Williams, Councilmember Jack Lain, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda March 1, 1995 PAGE All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO ORDER 1. Roll Call: Alexander Biane , Curatalo , Gutierr~z , and Williams __ B. ANNOUNCFMFNTSIPRFSFNTATIONS Presentation of Proclamation recognizing March 7, 1995 as Arbor Day. Presentation of Proclamation to the Rancho Cucamonga Police Department recognizing them for their continued outstanding service to the community. Presentation of Proclamation to the Rancho Cucamonga High School Marching Cougars Band and Color Guard in recognition of their achievements. C. COMMUNICATIONS FROM THF PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeUng. Commente are to be limited to five minutes per individual. D. CONSFNT CAIFNDAR The following Consent Calendar Items are expected to be routine and non- controversial, They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion, Approval of Warrants, Register Nos. 2/8/95 and 2/15/95; and Payroll ending 1126/95 for the total amount of $1,554,858.59. Approval to appropriate $142,700.00 from Fund 22 -"Transportation Development' for a reimbursement to Hix Development Corporation for construction of street improvements for Tract 13930 on Wilson Avenue in accordance with Resolution No. 90-077. 12 City Council Agenda March 1, 1995 PAGE o , , Approval of purchase of land for Lemon Avenue Street right-of-way in the amount of $2,000.00 funded from Proposition 111, Capital Outlay/Land Account Number 10-4637-7042. RESOLUTION NO. 95-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING A PUBLIC NEED, OBJECTING TO THE SALE AT PUBLIC AUCTION, AND REQUESTING THE PURCHASE OF CERTAIN PROPERTY LOCATED ALONG THE SOUTH SIDE OF LEMON AVENUE EAST OF AMETHYST AVENUE, APPROVED FOR TAX SALE - SALE NBR: 94-9999 Approval to record a "Notice of Special Tax Lien" for Community Facilities Distdct No. 84-1 (Day Creek Channel) per the Amended Mello-Roos Community Facilities Distdct Act of 1982. RESOLUTION NO. 95-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING RECORDATION OF NOTICE OF SPECIAL TAX LIEN Approval to vacate a portion of Ramona Avenue between Feron Boulevard and the A.T. & S.F. Railroad and vadous drainage and utility easements as related to the project in connection with Development Review 94-04 - APN: 209-085-20. RESOLUTION NO. 95-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF RAMONA AVENUE BETWEEN FERON BOULEVARD AND THE A.T. & S.F. RAILROAD AND VARIOUS DRAINAGE AND UTILITY EASEMENTS (APN: 209-085- 20) Approval of the Map and ordedng the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6 for Parcel Map 14635, located at the southeast comer of Foothill Boulevard and Aspen Street ( APN: 208-352-09), submitted by Rancon Realty Fund III, A California Limited Partnership. 16 18 19 20 24 26 54 City Council Agenda March 1, 1995 PAGE o , RESOLUTION NO. 95-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING PARCEL MAP 14635 RESOLUTION NO. 95-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 14635 Approval to execute Improvement Agreements, Improvement Securities and Monumentation Cash Deposit for Tract 12462, located on the south side of Summit Avenue between Etiwanda and East Avenues, submitted by Lauren Development, Incorporated and release of Previously Submitted Improvement Agreements, Improvement Securities and Monumentation Cash Deposit accepted by City Council on November 15, 1989 from First Family Homes. RESOLUTION NO. 95-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 12462 AND RELEASING THE IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY THE CITY COUNCIL ON NOVEMBER 15, 1989 Approval to execute a Cooperative Agreement (CO 95-007) between the City of Rancho Cucamonga and the City of Ontado for the maintenance of Storm Drain Improvements on Archibald Avenue from Fourth Street to Deer Creek Channel. Approval to execute a Joint Powers Agreement (CO 95-008) to create a Housing Finance Agency to exercise common powers of the City of Rancho Cucamonga, and the City of Chino, to finance home mortgages through the issuance of Mortgage Revenue Bonds. 56 57 60 63 64 65 City Council Agenda March 1, 1995 PAGE 10. 11. RESOLUTION NO. 95-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING JOINT POVVERS AGREEMENT BY AND AMONG THE CITY OF RANCHO CUCAMONGA AND THE CITY OF CHINO FOR THE PURPOSE OF FINANCING HOME MORTGAGES AND PROVIDING FOR THE IMPLEMENTATION OF A HOME MORTGAGE FINANCING PROGRAM Approval and execution of Program Supplement No. 007 (CO 95-009) to Local Agency - State Master Agreement No. STLPP-5420 for the State- Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of Califomia for the construction of Rochester Avenue Street Improvements - between Highland Avenue and Banyan Street and the Banyan Street Improvements - between Mount Baldy Race and Rochester Avenue. RESOLUTION NO. 95-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 007 TO LOCAL AGENCY o STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE STREET IMPROVEMENTS - BETVVEEN HIGHLAND AVENUE AND BANYAN STREET AND THE BANYAN STREET IMPROVEMENTS BETVVEEN MOUNT BALDY PLACE AND ROCHESTER AVENUE Approval and execution of Program Supplement No. 008 (CO 95-010) to Local Agency - State Master Agreement No. STLPP-5420 for the State- Local Transportation partnership program between the City of Rancho Cucamonga and the State of Califomia for the construction of the Nineteenth Street Improvements - between Cameljan Street and Amethyst Street. 66 67 69 71 City Council Agenda March 1, 1995 PAGE RESOLUTION NO. 95-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 008 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATI ON PARTNERS HIP PROGRAM FOR THE CONSTRUCTION OF THE NINETEENTH STREET IMPROVEMENTS - BETWEEN CARNELIAN STREET AND AMETHYST STREET 72 E. CONSFNT ORDINANCFS The following Ordinance have had public hearings at the Ume of first reading. Second readings are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the tiUe. Any item can be removed for discussion. CONSIDFRATION OF FNVIRONMFNTAL ASSFSSMFNT AND INDUSTRIAL ARFA SPFCIFIC PI AN AMFNDMFNT 94-04 - CUCAMONGA COUNTY WATFR DISTRICT - A request to add Extensive Impact Utility Facilities as a conditionally permitted use in Subarea 17 of the Industrial Area Specific Plan. ORDINANCE NO. 539 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN 94-04, TO ALLOW EXTENSIVE IMPACT UTILITY FACILITIES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 17, AND MAKING FINDINGS IN SUPPORT THEREOF 74 F. ADVFRTISFD PUBIIC HFARINGS The following item have been advertised and/or posted as public headngs as required by law. The Chair will open the meeUng to receive public tesUmony. CONSIDFRATION OF AN APPFAL OF MODIFICATION TO CONDITIONAL USF PFRMIT 93-49 WFSTFRN DI=VFLOPMFNT COMPANY - Appeal to a condition of approval imposed by the Planning Commission in limiting one wall sign for Home Express, a tenant within the Town Center Square commercial center, located on the north side of Foothill Boulevard between Spruce and Elm Avenues - APN: 1077-42-58 and 63. 77 City Council Agenda March 1, 1995 PAGE RESOLUTION NO. 95-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CONDITION OF APPROVAL IMPOSED BY THE PLANNING COMMISSION IN LIMITING ONE WALL SIGN FOR HOME EXPRESS, A TENANT WITHIN THE TOWN CENTER SQUARE COMMERCIAL CENTER, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN SPRUCE AND ELM AVENUES, AND MAKING FINDINGS IN SUPPORT THEREFORE -APN: 1077-421-58 AND 63 101 G. PUBIIC HFa, RINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public teetimony. No Items Submitted. H. CITY MANAGFR'S STAFF RFPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. CONSIDFRATION TO APPROVF AN MOU (CO 95-O11) BFTWFFN THF SOUTHFRN CALIFORNIA ASSOCIATION OF GOVFRNMFNTS (SCAG) AND THF CITY OF RANCHO CUCAMONGA RFGARDING PARTICIPATION IN THF CLFAN CITIFS PROGRAM 104 I. COUNCIl RUSINFSS The following items 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. UPDATE RFPORT ON ROUTF 30 (Continued from February 15, 1995) CONSIDFRATION TO IMPLFMFNT THF GOVFRNMFNTAL PORTION OF THF PFG ACCFSS CHANNFL DISCUSSION OF FXPRFSSING CONTINUING SUPPORT FOR THF CITY MANAGFR (Oral Report) 108 123 City Council Agenda March 1, 1995 PAGE DISCUSSION OF RFSIDENTIAL SPRINKLER ORDINANCE NO. 426 (Oral Report) J. IDENTIFICATION OF ITFMS FOR NFXT MEETING 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 identified for the next meeting. K. COMMUNICATIONS FROM TH;: PURl IC 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 include on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeUng. Commente are to be limited to five minutes per individual. I. ADJOURNMFNT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on February 23, 1995, seventy-two (72) hours prior to the meeting per Govemment Code 54954.2 at 10500 Civic Center Ddve. i. oe· !1%l e · · eeeesseeeeeeeeeeseeeeeeeelee, eesee · ewewe · I · oe · · ~.. 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O~Neil, City Engineer Barrye R. Hanson, Senior Civil Engineer APPROVAL TO APPROPRIATE $142,700.00 FROM FUND 22 - "TRANSPORTATION DEVELOPMENT" FOR A REIMBURSEMENT TO HIX DEVELOPMENT CORPORATION FOR CONSTRUCTION OF STREET IMPROVEMENTS FOR TRACT 13930 ON WILSON AVENUE IN ACCORDANCE WITH RESOLUTION NO. 90-077 RECOMMENDATION: It is recommended the City Council approve an appropriation of $142,700.00 from Fund 22 - "Transportation Development" for a reimbursement to Hix Development Corporation in conjunction with its development of Tract 13930. BACKGROUND/,& NAI .YSIS As a condition of approval, Tract 13930 was required to construct Wilson Avenue offsite from the traces east boundary to Amethyst Street. That portion of the street is a Master Planned Transportation facility; therefore, its cost is eligible for reimbursement from the Transportation Development Fee fund (formally the Systems Fee fund). A resolution to that effect was approved by the City Council on February 21, 1990 (copy attached Exhibit A). The work has been completed by the developer (Hix Development Corporation) and accepted by the City. Also, the developer has submitted itemized cost information, which has been reviewed and approved by City staff. The total cost of the facility was $178,547. The developer has received a credit against building permits of $35,911 leaving $142,636 left to be reimbursed from the City Transportation Development fund. CITY COUNCIL STAFF REPORT HIX DEVELOPMENT REIMBURSEMENT March 1, 1995 Page 2 Because this amount could not have been anticipated at the time of the current year's budget adoption, it is not included in the budget. Therefore, it is necessary for the City Council to appropriate the funds necessary to make this reimbursement. This action will not affect the funding of any project in the current budget. Respectfully submitted, William J. O~Neil City Engineer WJO:BRH:dlw Attachment: Resolution No. 90-077 RESOLUTION NO. g0-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO. CUCAMONGA, CALIFORNIA, APPROVING THE SUPPLEMENT FOR THE PREVIOUSLY APPROVED IMPROVEMENT AGREE)lENT OF TRACT NO. 13930 WHEREAS, the Tentative Map of Tract No. 13930, consisting of 23 lots, submitted by Winbrook Development, Inc., Subdivider, located on Wilson Avenue between Hellman Avenue and Amethyst Street, has been submitted to the City of Rancho Cucamonga by said Subdivider and has been approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance rio. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement Supplement submitted herewith for approval and execution by said City. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: That said Improvement Agreement Supplement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and That said Improvement Agreement Supplement i s accepted as being an addendure to the previously approved and executed agreement, dated November I, 1989, subject to approval of said Supplement as to form and content thereof by the City Attorney; and That System Development fees be used for reimburse- ments of the off-site improvements for Wilson Avenue between the easterly tract boundary and Amethyst Street be and the same is approved, subject to approval as to procedure, form and content thereof by the City Attorney· PASSED, APPROVED, and ADOPTED this 21st day of February, 1990· Alexander, Brovm, Buquet, Stout, Wright AYES: NO E S: No ne ABSENT: None Resolution No. 90-377 Page 2 ATTEST d i e J C ty C1 k I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, 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 21st day of February, 1990. Executed this -'2nd day of February, 1990 at Rancho Cucamonga, California. f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer Dan James, Senior Civil Engineer APPROVAL OF PURCHASE OF LAND FOR LEMON AVENUE STREET RIGHT-OF- WAY IN THE AMOUNT OF $2,000, FUNDED FROM PROPOSITION 111, CAPITAL OUTLAY/LAND ACCOUNT NUMBER 10-4637-7042. RECOMMRNDATION: It is recommended City Council adopt the attached resolution approving the purchase of property for Lemon Avenue street right-of-way. BAC KGROUNB/A NA I ,YSIS The City received notice from the County's Treasurer - Tax Collector of impending tax sale at public auction of property located within Raacho Cucamongt Upon review of all the properties staff discovered one which is necessary for street right-of-way. This property is APN 1062-561-03 and is located along the south side of Lemon Avenue east of Amethyst Avenue. It is seven feet wide and 742 feet long. Please see Exhibit "A". This portion of Lemon Avenue is fully constructed. The subdivision to the south installed Lemon Avenue in 1987. However, this 7-foot strip of land, which is part of Lemon Avenue parkway, was never dedicated as street right-of-way. This strip of !and was always a separate parcel from the subdivision to the south. A separate street dedication should have occurred at the time of the subdivision, but it never did. Acquiring this property through the tax sale will rectify the use of this land as street right-of-way. Respectfully submitted, Wi!lCm'd J. O~Ieil City Engineer WJO:diw Attachments CITY OF RANCHO CUCAMONGA gNG~G DIVLqION N i, /7 RESOLUTION NO. q5' ~gG,~] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY, CALIFORNIA, DETERMINING A PUBLIC NEED, OBJECTING TO THE SALE AT PUBLIC AUCTION, AND REQUESTING THE PURCHASE OF CERTAIN PROPERTY LOCATED ALONG THE SOUTH SIDE OF LEMON AVENUE EAST OF AMETHYST AVENUE, APPROVED FOR TAX SALE - SALE NBR: 94-9999 WHEREAS, the City of Rancho Cucamonga, California, has been advised of the impending tax sale at public auction of certain land, located in San Bemardino County, Sale NBR: 94-9999; and WHEREAS, this property lies within the boundaries of the City of Rancho Cucamonga and taxes of the City are owed and delinquent on this property; and WHEREAS, the City of Rancho Cucamonga has a need to acquire property for municipal needs: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the City Council hereby determines that a public need exists for said land. SECTION 2: That the City Council does hereby object to the tax sale of said property at public auction. SF. CTION 3: That the City Council does hereby request that the City of Rancho Cucamonga be allowed to purchase the following property as provided for in Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code. APN: 1062-561-03 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Robert Dominguez, Administrative Services Director Ingrid Y. Blair, GIS/Special Districts Supervisor APPROVAL TO RECORD A PUBLIC NOTICE FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) PER THE AMENDED MELLO ROOS COMMUNITY FACILITIES DISTRICT ACT OF 1982. '\ Recommendation It is recommended that City Council approve the recording of a Public Notice for Community Facilities District No. 84-1 (Day Creek Drainage System) per the amended Me!lo Roos Community Facilities District Act of 1982. Background/Analysis When Community Facilities District 84-1 (Day Creek Drainage) was formed, the Mello Roos Community Facilities Act of 1982 required that a q',totice of Special Tax Authorization' be recorded. Said Notice was recorded on March 24, 1987. As a result of concerns raised by the title industry, the Act was mended, to delete the requirement for recordation of a ?qotice of Special Tax Authorization' and to provide for the recordation of a 'Notice of Special Tax Lien' effective January 1, 1989. As a result of a court decision in the City of Oxnard regarding the issue of whether the ~Notice of Special Tax Authorization' created a lien on properties within a community facilities district, it is recommended that a 'Notice of Special Tax Lien' for Community Facilities District No. 84-1 be recorded. Respectfully submitted, Administrative Services Director RCD:IYB:de RESOLUTION NO. 95- C) <:~ ,~-,. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING RECORDATION OF NOTICE OF SPECIAL TAX LIEN PERTAINING TO AN EXISTING SPECIAL TAX WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as the "legislative body of the local Agency") has previously formed a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, title 5 of the Government Code of the State of California (the "Act"), said community facilities district known and designated as COMMLrNITY FACILITIES DISTRICT NO. 84-1 (the "District"); and, WHEREAS, at the time the District was formed, the City did record a Notice of Special Tax Authorization as required by the provisions of the Act at that time; and, WHEREAS, the Act was subsequently amended to permit the City to record a Notice of Special Tax Lien in addition to the Notice of Special Tax Authorization; and, WHEREAS, the City Council now desires to authorize the recordation of a Notice of Special Tax Lien. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Council does hereby authorize the recordation of a Notice of Special Lien for Community Facilitites District No. 84-1 pursuant to the provisions of the Act. 1995. PASSED, APPROVED, and ADOPTED this AYES: NOES: ABSENT: day of Mayor ATTEST: City Clerk WHEN RECORDED, RETURN TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. O. BOX 807 RANCHO CUCAMONGA, CA 91730 NOTICE OF SPECIAL TAX LIEN Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned CITY CLERK of the legislative body of the CITY OF RANCHO CUCAMONGA, COMMUNITY FACILITIES DISTRICT NO. 84-1, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien was imposed on March 24, 1987, to secure payment of special tax which the City Council of the City of Rancho Cucamonga, County of San Bernardino, State of California, is authorized to annually levy for the following purpose: To pay for certain public capital facilities, including the payment of principal and interest on bonds, said facilities generally described as the construction and installation of certain public capital drainage facilities, together with appurtenances and appurtenant work, to serve and provide drainage protection to properties within the boundaries of Community Facilities District No. 84- !. The special tax is authorized to be levied within Community Facilities District No. 84-1, which was officially formed in 1987, and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on the attached, referenced and incorporated Exhibit "A", and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorera taxes. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled may be established by resolution of the City Council of the City of Rancho Cucamonga. Notice is further given that upon the recording of this notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all non-exempt real property within the district in accordance with Section 3115.5 of the Streets and Highways Code. The (a) names of the owner(s) of the real property included within this Community Facilities District as they appear on the last secured assessment roll as of the date of recording of this Notice and (b) the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within this Community Facilities District are as set forth on the attached. referenced and incorporated Exhibit "B". Reference is made to the boundary map of the Community Facilities District recorded at Book Page , Document No. , of Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of Sa~Bemardino, State of California, which map is now the final boundary map of the Community Facilities District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person: Ingrid Y. Blair, GIS/Special District Supervisor CITY OF RANCHO CUCAMONGA P. O. BOX 807 RANCHO CUCAMONGA, CA 91730 TELEPHONE: (909)989-1851, EXT. 2567 DATED: CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CERTIFICATE OF COMPLIANCE WITH NOTICE OF REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO Debra J. Adams, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly appointed, qualified and acting CITY CLERK of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, and as such, accomplished the notice requirements in connection with the referenced Community Facilities District, as noted: RECORDING A copy of the proposed BOUNDARY MAP was filed in the Office of the County Recorder, said filing being accomplished on the first day of February, 1984. A copy of the NOTICE OF SPECIAL TAX LIEN was recorded in the Office of the County Recorder, said recording being accomplished on the day of ,1995. EXECUTED this day of , 1995, at Rancho Cucamonga, California. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. 05/ell, City Engineer Jerry A. Dyer, Associate Engineer VACATION OF A PORTION OF RAMONA AVENUE BETWEEN FERON BOULEVARD AND THE A.T. & S.F. RAILROAD AND VARIOUS DRAINAGE AND UTILITY EASEMENTS AS RELATED TO THE PROJECT IN CONNECTION WITH DEVELOPMENT REVIEW 94-04 - APN: 209-085-20 RF, COMMF, NDATION: Staff recommends that the City Council adopt the attached resolution ordering the summary vacation of a portion of Ramona Avenue and the various drainage and utility easements as shown and described in Exhibits "A", "B" and "C" attached hereto. BACKGROUND/ANAl ,YSIS: On May 25, 1994, the Planning Commission adopted Resolution No. 9440, which approved Development Review No. 94-04, for the development of low income affordable housing on 8.56 acres of land in the low-medium residential district, located on the south side of Feron Boulevard, west of Old Town Park~ As a condition of approval, the project was required to vacate the unused portion of Ramona Avenue from the A.T. & S.F. railroad to Feron Boulevard. Additionally, several public drainage and utility easements, which currently occupy the site, need to be vacated as well (see Exhibits "A","B" and "C" attached). On August 10, 1994, the Planning Commission determined the vacations conform to the General Plan and recommended the vacations occur. Section 8331 of the Streets and Highways Code states local agencies may stnnmarily vacate COy resolution) a street or highway that has been impassable for vehicular travel for a period of five consecutive years or more and no public money was expended for maintenance. In addition, Section 8333, of same code, states local agencies may summarily vacate Coy resolution) a public service easement if the easement has not been used for the purpose for CITY COUNCIL STAFF REPORT RAMONA VACATION March 1, 1995 Page 2 which it was dedicated or acquired for five consecutive years or said easement has been superseded by relocation and there are no other public facilities located within the easement. Easements will be reserved for any or all existing utilities lying with the above mentioned vacations, as so directed by the affected utility companies. Respectfully submitted, William J. O~Neil City Engineer WJO:JAD:dlw RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF RAMONA AVENUE BETWEEN FERON BOULEVARD AND THE A.T.& S.F. RAILROAD AND VAR/OUS DRAINAGE AND UTILITY EASEMENTS (APN: 209-085-20) WHEREAS, by Chapter 4, Article 1, Section 8331, of the Streets and Highway Code, the City of Rancho Cucamonga is authorized to summarily vacate a portion of Ramona Avenue, herein more particularly described; and WHEREAS, by Chapter 4, Article 1, Section 8333, of the Slxeets and Highway Code, the City of Rancho Cucamonga is authorized to summarily vacate the various drainage and utility easements, herein more particularly described; and WHEREAS, the City Council found from all the evidence submitted that the portion of Ramona Avenue is unnecessary for present or prospective public street purposes, it has not been used for more than five (5) consecutive years, and no public money was expended for maintenance of same; and WHEREAS, the City Council found from all the evidence submitted that the various drainage and utility easements have not been used for the purpose for which dedicated or acquired for five consecutive years or said easement has been superseded by relocation and there are no other public facilities located within the easements. NOW TttEREFORE, THE CITY COUNCIL OF TI-IE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the City Council hereby makes its order vacating the portion of Ramona Avenue, and the various drainage and utility easements, as shown on map V-130, labeled Exhibit"A", on file in the office of the City Clerk of the City of Rancho Cucamonga which are further described in legal descriptions attached hereto, labeled Exhibit "B" and "C", and by this reference made a part hereof. SECTION 2: That the subject vacations shall be subject to the reservations and exceptions, if any, for any or all existing utilities on record, as directed by the affected utility companies. SECTION 3: That from and a_~.er the date the resolution is recorded, said portion of Ramona Avenue no longer constitutes a public street or easement. CITY COUNCIL RESOLUTION NO. RAMONA VACATION March l, 1995 Page 2 SF. CTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bemardino, California. SF. CTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. VICINITY MAP L I I APN ..ta,'l Ja~ A .V. 'C ~- alllllll mimic Lii.T,s CITY OIr RAN~HO CUCAMONO~; COUNTY OF SAN BERNARD4NO STATE O¥ CALIFORNIA N ~;rX'f 0F EANC~IO G~JCAMONGA rr~M: v - 1~ TITLe: Dl~94-e4 VACATION irXIHBIT: A-I I I IfWlIIUTI. ffYIIIIIfFII CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION rrf,,,11: v- 136 TITLe: DR94.44 DRAINAGE i,rr!Lr!'Y VACA'I'I{]q'q EXHIBIT: A-2 EXHIBIT "B 1w Legal Description for The Vacation of Ramona Avenue That portion of Ramona Avenue adjoining Lot 1, of Block 7 in the City of Rancho Cucamonga, County of San Bernardino, State of California recorded in Book 13 of Maps, Pages 1 and 2 in the office of the Recorder of said County, more particularly described as follows: The westerly 32.00 feet of Ramona Avenue bound on the north by the easterly projection of the northerly line of said Lot 1, and bound on the south by the easterly projection of the southerly line of said Lot 1. All as shown on Exhibit "C reference made a part hereof. 1" attached hereto and by this FERON EXHIBIT '1- #IC BOULEVARD  -------NO~THERLY LIN~~/~/32.~/ LOTS I-3 NORTHJAST CORNER LOT I - / Ld EASTERLY LINE LOT I SOUTHEAgT CORNER LOT I - '--SOUTHERLY LII LOTS I-3 I Z 32' 32' 33' LLEY VACATED PER O.R. 91-156563 REC'O, MAY 8, 199l, REg. 91-112. MAP TO ACCOMPANY 'q :[~:I l!'] ::(-'1"] ;,1 1 ~ EXHIBIT "B 2e Legal Description for The Vacation of Ramona Avenue That portion of Ramona Avenue adjoining Lot 48 of Block 7 of the Rap of the Town of West Cucamonga, in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 13 of Raps, Pages 1 and 2 in the office of the Recorder of said County, mere particularly described as follows: The westerly 19.00 feet of Ramena Avenue bound on the north by the easterly prolongation of the northerly line of said Lot 48, and bound on the south by the easterly prolongation of the southerly line of said Lot 48, excepting therefrom those portions described as follows~ PARCEL A BEGINNING at the southeast corner of said Lot 48= THENCE S 89 degrees 49 minutes 55 seconds E along the easterly prolongation of the southerly line of said Lot 48 a distance of 3.97 feet to a point on a non-tangent curve concave southeasterly having a radius of 45.00 feet, said point being the TRUE POINT OF BEGINNING, a radial through said point bears N 38 degrees 46 minutes 28 seconds W, the radius point of said curve being the centerline intersect of Ramena Avenue and Nain Street= THENCE northeasterly along said curve through a central angle of 14 degrees 56 minutes 59 seconds an arc length of 11.74 feet to a point on a non-tangent line a radial through said point bears N 23 degrees 49 minutes 28 seconds W= THENCE N O0 degrees 14 minutes 47 seconds W along said line a distance of 4.33 feet to a point on a non-tangent curve concave southeasterly having a radius of 49.00 feet a radial through said point bears N 21 degrees 47 minutes 54 seconds R the radius point of said curve being the centerline intersect of Ramaria Avenue and Nain Streetl THENCE easterly along said curve through a central angle of 06 degrees 10 minutes 01 seconds an arc length of 5.27 feet to a point on a non-tangent line, a radial through said point bears N 15 degrees 37 minutes 54 seconds W said line being a line parallel with and 13.00 feet westerly of, measured at right angles, to the centerline of Ramona Avenue~ THENCE S O0 degrees 14 minutes 47 seconds E along said centerline a distance of 12.15 feet to the easterly projection of the southerly line of said Lot 48~ THENCE N 89 degrees 49 minutes 55 seconds W along said line a distance of 15.03 feet to the THEIR POINT OF BEGINNING. Also excepting therefrom the following: PARCEL B BEGINNING at the northeast corner of said Lot 48~ THENCE easterly along the easterly prolongation of the northerly line of said Lot 48 a distance of 19.00 feet to a point of intersection with a line parallel with and 13.00 feet westerly, measured at right angles, to the centerline of Ramona Avenue~ THENCE southerly along said parallel line a distance of 19.00 feet~ THENCE northwesterly a distance of 26.87 feet sore or less to the POINT OF BEGINNING. All as shown on Exhibit 'C reference made a part hereof. 2~ attached hereto and by this EXHIBIT CORNER (2E). , · ' I ~/ ~ ,~.,5' 15.03' u~r, ti,lfw _ ' STREET MAIN ~- ..ss',~s'ss'w. Z 0 3l' I ' 11' b LOT 4 P,M. 5955 BOOK 74/20 DATA SCHEDULE 1 S89'49'55"E 397' 2 R=45.00' A,,14'56'59" L=11.74' T=5.90' 3 NOO'I4'47"W 4.33' 4 R=49.00' A=6'lO'Or' L=5.27' T-2.64' LOT 3 P.M. 5955 BOOK 74/20 MAP TO ACCOMPANY LEGAL DESCRIPT ION rXHIBIT wB 3' Legal Description for The Vacation of Ramona Avenue That portion of Ramona Avenue adjoining ~ot 1 of Block 10 in the City of Rancho Cucamon~a, County of San Bernardino, State of California, recorded in Book 13, Pages 1 and 2 in the office of the Recorder of said County, more particularly described as follows: The westerly 32.00 feet of Ramohm Avenue bound on the north by the easterly projection of the northerly line of said Lot 1 and on the south by the easterly projection of the southerly line of said Line 1, excepting the following therefrom: BEGINNING at the northeast comer of said Lot 1; THENCE easterly along the easterly projection of the northerly line of said Lot a distance of 3.46 feet to TH~ TRU~ POINT OF B~GINNING= continues on said easterly projection a distance of 28.54 feet to the centerline of Ramone Avenue~ THENCg southerly along said centerline S O0 degrees 14 minutes 47 seconds B a distance of 10. O0 feet to a point on a non-tangent curve concave northeasterly having a radius of 45.00 feet said centerline being a radial to said curve, the radius point being the centerline intersect of Ramohm Avenue and Main Street~ THENCE northwesterly along said curve through a central angle of 39 de~rees 21 minutes 25 seconds an arc length of 30.91 feet to the THUg POINT OF BEGINNI!~. All as shown on rxhibit wC reference made a part hereof. 3w attached 10-28-96. MAP TO ACCOMPANY LEGAL DESCRIPTION MAIN N. 99' 749' 55" W. NORTHERLY LINE LOT I gXHIRIT STREET W ~. t,L,I , ..4/q: NORTHEfT CORN! R LOT IS89,49.55. E 28.54' w S00'14'47"E 10.00' _ _ 33: ,j \//)) I- Q I gOUTHEAgT CORNER LOT I 3 SANTA FE DATA SCHEDULE I R,45.00'/%-39'21'25" L-30.91' T=16.09' 2 S89'49'55"E 3.4G' RAILROAD R/W EXHIBIT eB 4N Legal Description for The Vacation of Ramona Avenue Those portions of Ramona Avenue adjoining Lot 24, Block 6 of the Nap of the Town of West Cucamonqa, in the City of Rancho Cucamonga, County of San Bernardino, State of California recorded in Book 13 of Naps, Pages 1 and 2 in the office of the Recorder of said County, more particularly described as follows: The easterly 32.00 feet of Ramona Avenue bound on the north by the westerly projection of the northerly line of said Lot 24 and bound on the south by the westerly projection of the southerly line of said Lot 24, and that portion described as follows= BEGINNING at the southwest corner of said Lot 24: THENCE southerly along the southerly projection of the westerly. line of said Lot 24 a distance of 10.00 feet to a point on a line parallel with and 10.00 feet south measured at right angles of the southerly line of said Lot 24~ THENCE westerly along said line a distance of 19.00 feet to a point on a line parallel with and 13.00 feet easterly, measured at right angles to the centerline of Ramona Avenue: THENCE northerly along said line a distance of 10.00 feet to the westerly projection of the southerly line of said Lot 24: THENCE easterly along said line a distance of 19.00 feet to the POINT OF BEGINNING. All as shown on Exhibit reference made a part hereof. 4w attached hereto and by this EXH I B I T "C ,~ " FERON T BOULE%4-ARD r',~o' b MAP TO ACCOMPANY i'm :.[~f-.1 ll.] :.[..-'~,.,] ;] I ~ 32' 32' 32' NORTHERLY LINE LOTS 21-24 I NORTHWEST CORNER LOT 24 W ;Z W WESTERLY LINE .OT 24 ~,HWEST CORNER LOT 24 i SOUTHERLY LINE LOTS 21-24 ALLEY VACATED PER o~. 91-1565~3 REC'D. E3gtlBIT wB 5w Legal Description for The Vacation of Ramone Avenue That portion of Ramona Avenue adjoining Lot 4 of Tract No. 5955 in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 74 of Maps, Page 20 in the office of the Recorder of said County, more particularly described as follows: BEGINNING at the northwest corner of said Lot 4 said corner being 33.00 easterly of the centerline of Ramona Avenue~ THENCE N 00 degrees 14 minutes 47 seconds W to a point along the northerly prolongation of the westerly line of said Lot 4 a distance of 10.00 feet~ THENCE N 89 degrees 50 minutes 02 seconds W along a line a distance of 20.00 feet to a point on a parallel line 13.00 feet east of, measured at right angles with the centerline of Ramona Avenue~ THENCE S O0 degrees 14 minutes 47 seconds E along said line a distance of 157.76 feet to a point on a non-tangent curve concave southwesterly having a radius of 49.00 feet, a radial through said point bears N 15 degrees 08 minutes 20 seconds E the radial point of said curve being the centerline intercept of Ramone Avenue and Main Street~ THENCE easterly along said curve through a central angle of 6 degrees 10 minutes 01 seconds an arc length of 5.27 feet to a point on a non-tangent line, a radial through said point bears N 21 degrees 18 minutes 21 seconds E~ THENCE S 00 degrees 14 minutes 47 seconds E along said line a distance of 4.33 feet to a point on a non-tangent curve concave southwesterly having a radius of 45.00 feet, a radial through said point bears N 23 degrees 19 minutes 54 seconds E the radial point of said curve being the centerline intercept of Ramone Avenue and Main Street~ THENCE southeasterly along said curve through a central angle of 23 degrees 35 minutes 18 seconds an arc length of 18.53 feet to a point on the southerly prolongation of the westerly line of said Lot 4 a radial to said point bears N 46 degrees 55 minutes 13 seconds E; THENCE N O0 degrees 14 minutes 47 seconds W along the westerly line a distance of 4.17 feet to the southwesterly comer of said Lot 4~ THENCE N 00 degrees 14 minutes 47 seconds W along the westerly line of said Lot 4 a distance of 160.10 feet to the POINT OF BEGINNING. All as shown on Exhibit sc 5s aZ~~~t~ and by this reference made a part hereof. _ . ,,,' EXHIBIT "C 5" I _ ~' i> ~4J ~~.89'50'02"w. 2O.OO' ~ NORTHERLY ~INE LOT 4 ,33' _ NORTH ES CORNER LOT 4 / p.Oj.w T 32' _~'~ WESTERLY LINE LOT 4 LOT 4 P.M. 5955 BOOK 74/20 DATA SCHEDULE R=45.00 A,23'35'!8" L-18.53'. r, 9.40' 2 SOO'I4'47"E 4.33' 3 R-49.00' A-6'lO'Or' L-5.27' T- 2.64' T R SOU HWEST CORNE LOT 4 /SOUTHERLY LINE LOT 4 ~ NORTHERLY LINE LOT 3 N. 89' 49' 9,5' W. NOO'I4'47'W 4.17' WEgTERLY LINE LOT 3 Z 33' LOT 3 P.M, ~i955 BOOK 74/20 MAP TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B 6" Legal Description for The Vacation of Ramona Avenue That portion of Ramona Avenue adjoining Lot 3 of Tract Map No. 5955 in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 74 of Naps, Page 20 in the office of the Recorder of said County, more particularly described as follows: BEGINNING at the southwest corner of said Lot 3~ THENCE N 00 degrees 14 minutes 47 seconds W along the westerly line of said Lot 3 a distance of 174.61 feet to a point of CUSP with a curve concave northwesterly having a radius of 45.00 feet, a radial through said point bears S 47 degrees 24 minutes 47 seconds E the radial point of said curve being the centerline intersect of Ramona Avenue and Main Street ~ THENCE southwesterly along said curve through a central angle of 47 degrees 10 minutes 00 seconds an arc length of 37.04 feet to a point on the centerline of Ramohm Avenue~ THENCE S O0 degrees 14 minutes 47 seconds E along said line a distance of 159.97 feet to a point on the westerly projection of the southerly line of said Lot 3~ THENCE S 89 degrees 50 minutes O0 seconds E along said line a distance of 33.0 feet to TME POINT OF B~GINNING. All as shown on Exhibit "C reference made a part hereof. attached hereto and by this MAP TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT W :::)' Z W > MAIN ' N. 89' 4~' 55' W. STREET Z DATA SCHEDULE I R,45,00' A, 47'10'00" L,37.04' T-1964' 2 S89'50'00"E 33.00' WEST LINE LOT 3 SANTA FE 32' ' ~1 LOT 3 ~ RAILROA_D /~ R/W 80' 00" W. (7/__.~ EXHIBIT "B 7" Legal Description For The Vacation Of A Drainage And Incidental Purpose Easement That portion of Parcel 2 of Parcel Map 10208 in the City of Rancho Cucamonga, State of California, County of San Bernardino, recorded on Book 120 of Parcel Maps, Pages 59 and 60, in the office of the Recorder of said County, more particularly described as follows: Parcel "A" A 30.00 foot wide strip of land, the centerline described as follows: BEGINNING at the Northeast corner of said Parcel 2~ THENCE N 89 degrees 49 minutes 56 seconds W along the Northerly line of said Parcel 2 a distance of 71.43 feet to the TRUE POINT OF BEGINNING~ THENCE S 00 degrees 14 minutes 41 seconds E a distance of 160,15 feet. The sidelines of Parcel "A" shall be extended or shortened to begin on the Northerly line of said Parcel 2 and terminate on a line through the terminus of described centerline and at right angles thereto. All as shown on Exhibit "C reference made a part hereof. 7" attached hereto and by this >-Z ZO ~E -- 3i'IN3AV On,,, CJ CJ ~¢SOfi~3H I EXHIBIT NB 8N Legal Description For The Vacation Of A Drainage Easement (Book 4713, Page 584 Official Records) That portion of Parcel 2 of Parcel Map 10208 in the City of Rancho Cucamonga, County of San Bernardino, state of California, recorded in Book 120 of Parcel Maps, Pages 59 and 60, records of the County Recorder of said County, more particularly described as follows: A strip of land 30.00 feet wide lying 15.00 feet, measured at right angles, on each side of the following described line~ Beginning at the point of intersection of the Northerly line of Lot 3 with the center line of Armitage Avenue, as said point is shown on Map of Tract No. 5955, as recorded in Book 74 of Maps, Page 20, records of said County. THENCE Southerly along the Southerly prolongation of the centerline of said Armitage Avenue to the Southerly line of said Lot 3. Said 30.00 foot strip shall terminate on the North at the Northerly line of said Lot 3 and shall terminate on the South at the Southerly line of said Lot 3. All as shown on Exhibit wC reference made a part hereof. attached hereto and by this '3AV V$Olft~3H >o.~ ~ · ~NN~tAV VNO;fVH I Legal Description For The Vacation of A Public Drainage Easement (Book 4724 Page 450 Official Records) That portion of Lot 1, Tract 5955 in the City of Rancho Cucamonga, County of San eernardino, State of California, recorded in Book 74 of Maps, Page 20 in the office of the Recorder of said County, more particularly described as follows: BMGINMINC at a point on the South line of Feron Boulevard, distant 128.00 feet Easterly from the Northwest corner of Lot 1, Tract 5955; THENCE Southerly along a line parallel with the West line of said Lot I a distance of 160.00 feet, more or less, to the South line of said Lot 1; THENCE Easterly along the South line of said Lot 1, a distance of 372.00 feet, more or less, to a point on the West line of Armitage Avenue which point is also the Southeast corner of said Lot 1; THENCE Northerly along the West line of Armitage Avenue a distance of 10.00 feet; THENCE Westerly along a line parallel with the South line of said Lot 1 to the beginning of a tangent curve which has a radius of 100.00 feet and is concave to the Northeast; MCE along said curve to the end of curve, the tangent of which is parallel to and distant 158.00 feet Easterly from the West line of Lot 1, Tract 5955; THENCE Northerly along a line parallel to the West line of said Lot I to the south line of Feron Boulevard; THENCE Westerly 30.00 feet along the South line of Feron Boulevard to the POINT OF BE(IINNIN~. All as shown on Exhibit reference made a part hereof. attached hereto and by this 3~N3AV VSO~H EXHIBIT eB l0w Legal Description For The Vacation Of A Public Drainage Easement (Book 4724, Page 448 Official Records) That portion of Parcel 2 of Parcel Map 10208 in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 120 of Parcel Maps, Pages 59 and 60 in the office of the Recorder of said County more particularly described as follows: The Southerly 30.00 feet of Parcel 2. All as shown on Exhibit "C reference made a part hereof. attached hereto and by this ,' EXHIBIT wB 11m' Legal Description For The vacation of Right-of-way and Easements For Existing Public Utility Easements Those portions of Armitage Avenue and Main Street as shown on the Map of the Town of West Cucamonga, recorded in Book 13 of Maps, Pages 1 and 2 in the office of the San Bernardino County Recorder, lying within Parcel 2 of Parcel Map 10208 recorded in Book 120, Pages 59 and 60 of Parcel Maps, records of the office of the San Bernardino County Recorder, reserved by Resolution of the Board of Supervisors of said County, recorded January 23, 1959, in Book 4712, Pages 299 and 300 of Official Records. All as shown on Exhibit "C reference made a part hereof. 11" attached hereto and by this '3AV VSO~a3H ~ '13~tltvcl 3NI'I A'I~I3~SV3// VNOtT~[ x CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O~leil, City Engineer Jerry A. Dyer, Associate Engineer APPROVAL OF THE MAP AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 14635, LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ASPEN STREET (APN 208-352-09), SUBMITTED BY RANCON REALTY FUND III, A CALIFORNIA LIMITED PARTNERSHIP RF, COMMENDATION : It is recommended that the City Council adopt the attached resolutions approving Parcel Map 14635 and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6, and authorizing the City Clerk to attest and the City Engineer to present the Parcel Map to the County Recorder to be filed for record. BAC KGROLrND/A NA I ,YSIS Parcel Map 14635, located at the southeast comer of Foothill Boulevard and Aspen Street in the Industrial Park District (subarea 7) of the Industrial Area Specific Plan, was approved by the Planning Commission on June 22, 1994, for a subdivision of 7.4 acres of land into 2 parcels. An improvement certificate has been placed upon the Map stating that certain off-site improvements are required upon the development of the p/~cels, in accordance with the conditions of approval. The proper securities and agreements to guanmtee the construction of the off-site improvements will be required at that time. Copy of the Consent and Waiver to Annexation form signed by the Developer is available in the City Clerk's office. Respectfully submitted, Will~O~e~~ild''~ City Engineer WJO:JAD:dlw Attachments VICINITY MAP ' CITY OF RANCHO CUCAMONOA COUNTY Olle SAN BIRNARDINO STATE OIIr CALIFORNIA RESOLUTION NO. q .5 ' (9¢:,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVFNG PARCEL MAP 14635 WHEREAS, Tentative Parcel Map 14635, submitted by Rancon Realty Fund III, consisting of a subdivision of 7.4 acres of land into 2 parcels, located at the southeast comer of Foothill Boulevard and Aspen Su'eet in the Industrial Park District (subarea 7) of the Industrial Area Specific Plan (APN 208-352-09), was approved by the Planning Commission on June 22, 1994. WHEREAS, Parcel Map 14635 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the Final Map by the City Council of said City have been met by Rancon Realty Fund III, a California Limited Partnership as Developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES that said Parcel Map 14635 is hereby approved and authorize the City Clerk to attest and the City Engineer to present same to the County Recorder to be filed for record. v sot, 0 5' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL MAP 14635 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No.3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereina~er referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the ownen of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, Tt~ CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION ?: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program axeas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.38 STREET LIGHTING MAINTENANCE DISTRICT N()~S. 1 AND 6 H~5. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA PM 14635 STREET LIGHTS:* Dist. S1 S6 5800L 9500L EXHIBIT 'B" WORK PROGRAM PROJECT: PARCEL MAP 14635 NUMBER OF LAMPS 16,000L 22,000L 27,500L LANDSCAPING:* Dist. Con~nuni ty Equest. Trail D .G .S .F. L3B Turf S.F. Non-Turf Trees S .F. Ea. Division of the Land at this time. Improve- ments shall be required upon the development of Parcel s 1 and 2. ASSESSMENT UNITS: DU or Parcel Acres S1 1 i .43 2.86 2 5.95 11 .gO Assessment Units By District S6 L3B 1.43 1.43 5.95 5.95 Form Date 2/18/93 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 12462, LOCATED ON THE SOUTH SIDE OF SUMMIT AVENUE BETWEEN ETIWANDA AND EAST AVENUES, SUBMITTED BY LAUREN DEVELOPMENT, INC. AND RELEASE OF PREVIOUSLY SUBMITtED IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT ACCEPTED BY CITY COUNCIL ON NOVEMBER 15, 1989 FROM FIRST FAMILY HOMES RF~COMMF, NDATION: It is recommended that the City Council.adopt the attached resolution (1) accepting the new Improvement Agreements, Improvement Securities and Monumentation Cash Deposit, (2) releasing the previous Improvement Agreements, Securities and authorizing the Finance Department to refund the previous Monumentation Cash Deposit, and (3) authorizing the Mayor and the City Clerk to sign and release said agreements. BACKGROUNB/ANAI ,Y~I~ The original Improvement Agreements, Improvement Securities, Tract Map and the Monumentation Cash Deposit were approved by the City Council in 1989. The Developer at the time was First Family Homes. The property has been purchased by Lauren Development, Inc., who has submitted new agreements and securities to guarantee the completion of the off-site public improvements in the following amounts: CITY COUNCIL STAFF REPORT TRACT 12462 March 1, 1995 Page 2 Faithful Performance Bond Labor and Material Bond Off-site Improvements Community Trail Detention Basin Monumentation Cash Deposit $67,000.00 $33,500.00 $14,000.00 $ 7,000.00 $11,600.00 $ 5,800.00 $ 3,750.00 The above-mentioned securities replace the securities submitted by the previous Developer. By processing these agreements, Lauren Development, Inc., as the new Developer, has responsibility for the project. Copies of the agreements and securities are available in the City clerk's office. Respectfully submitted, W~~,,~ C_C City Engineer WJO:WV:dlw Attachments T~ 124~2 CITY OF RANCHO CUCAMONGA ~qelNgsmnqe DIVI~ON TeA C T/~ 4 6~ RESOLUTION NO. q._5 ' (5) c9" ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT FOR TRACT 12462 AND RELEASING THE IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT PREVIOUSLY ACCEPTED BY THE CITY COUNCIL ON NOVEMBER 15, 1989 WHEREAS, the City Council of the City of Rancho Cucamonga, California, did consider the Improvement Agreements, related Improvement Securities and Monumentation Cash Deposit submitted by Lauren Development, Inc., as Developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the south side of Summit Avenue between Etiwanda and East Avenues and release of the previously approved Improvement Agreements, Improvement Securities and Monumentation Cash Deposit from First Family Homes. WHEREAS, said Improvement Agreements are secured and accompanied by good and sufficient Improvement Securities, which are identified in said Improvement Agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES, that (1) said Improvement Agreements, Improvement Securities and Monumentation Cash Deposit submitted by Lauren Development Inc., are hereby approved, (2) the previously approved Improvement Agreements, Improvement Securities and Monumentation Cash Deposit from First Family Homes are released and (3) the Mayor is hereby authorized to sign said Improvement Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CITY OF ONTAILIO FOR THE MAINTENANCE OF STORM DRAIN IMPROVEMENTS ON ARCHIBALD AVENUE FROM FOURTH STREET TO DEER CREEK CHANNEL RRCOMMF. N'BATION: Approval and execution of a Cooperative Agreement between the City of Rancho Cucamonga and the City of Ontario for the maintenance of storm drain improvements on Archibald Avenue from Fourth Street to Deer Creek Channel. BACKGROUND/ANAl .YSIS The Rancho Cucamonga Redevelopment Agency is sponsoring a major storm drain improvements in Archibald Avenue from Feron Boulevard southerly to Deer Creek Channel in the City of Ontario. Construction is scheduled to begin in mid March of this year. The City ofRancho Cucamonga desires to operate and maintain all of the main line and structures in Archibald Avenue within the City of Ontario. A Cooperative Agreement was recently approved by the City of Ontario for such approval. Upon the acceptance of this Cooperative Agreement, the City of Rancho Cucamonga will be able to construct and maintain the portion of the storm drain in Archibald Avenue within the City of Ontario. William J. O~Neil City Engineer WJO:MO:dlw DATE: TO: GITY OF RANCHO CUCAMONGA STAFF REPORT March 1, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Manager BY: Janice Reynolds, Assistant Redevelopment Analyst SUBJECT: CONSIDERATION OF A JOINT POWERS AGREEMENT FOR THE PURPOSE OF ISSUING SINGLE FAMILY MORTGAGE REVENUE BONDS RECOMMENDATION Consideration of the attached Resolution approving a Joint Powers Agreement between the Cities of Rancho Cucamonga and Chino for the purpose of issuing single family mortgage revenue bonds. B ACKC- ROUND/ANAl .YS I S During initial meetings to discuss the Single Family Mortgage Revenue Bond program in Rancho Cucamonga, local lenders expressed a concern with the number of available existing housing units in Rancho Cucamonga units which meet the State sales price criteria established at $160,000. Because $20 Million is the minimum allocation to be considered by the California Debt Limit Allocation Committee (CDLAC) for the purpose of issuing single family mortgage revenue bonds, the City's underwriters, Stone & Youngberg, have suggested forming a Joint Powers Authority (JPA) between Rancho Cucamonga and neighboring dries. The cities of Ontario, Chino, Fontana, and Rialto were suggested by local lenders as possible participants in the program. Staff has contacted each of these cities, and as of this date the city of Chino has expressed interest in joining the JPA. The agreement has been scheduled for consideration by their City Council on March 7. The cities of Ontario and Fontana are considering the issue and may join the partnership prior to the application deadline of March 15, 1995. For an initial period, each participating City w~l be allocated a proportionate share of the bond allocation. Should lenders be unable to fund all mortgages in a given city during the established allocation period, the funds will revert to a pool allocation to be used on a first come, first serve basis in any parridpating city. Redevelopment Manager ) RESOLUTION NO. _~'~ ~)~' 7 .- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING JOINT POWERS AGREEMENT BY AND AMONG THE CITY OF RANCHO CUCAMONGA AND THE CITY OF CHINO FOR THE PURPOSE OF FINANCING HOME MORTGAGES AND PROVIDING FOR IMPLEMENTATION OF A HOME MORTGAGE FINANCING PROGRAM RESOLVED, by the City Council of the City of Rancho Cucamonga as follows: 1. That this City make and enter into a '~oint Powers Agreement to create Rancho Cucamonga-Chino Housing Finance Agency to Exercise Common Powers of the Cities of Rancho Cucamonga and Chino to Finance Home Mortgages pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California"; such Joint Powers Agreement to be in form this day presented to the City Coundl, and the Mayor is hereby authorized to execute such Joint Powers Agreement on behalf of the City and the City Clerk is authorized to attest the Mayor's signature thereto and to affix thereto the seal of the City. 2. That in accordance with Section 3, of the Joint Powers Agreement, the Mayor, or in his absence, the Mayor Pro-Tem, a member of this City Council, is hereby designated as the initial member of the Board of Directors of the Agency acting on behalf of the City of Rancho Cucamonga, such member to serve at the pleasure of this City Coundl. 3. That the City staff is authorized and directed to implement a Home Mortgage Financing Program in accordance with the Joint Powers Agreement. PASSED, APPROVED, AND ADOPTED this day of · 1995. CITY OF RANCHO CUCA~MONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Cotmcil Jack Lain, AICP, City Manager William J. O?qeil, City Engineer Henry Murakoshi, Associate Engineer APPROVAL AND EXECUTION OF PROGRAM SUPPLEMENT NO. 007 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE STREET IMPROVEMENTS BETWEEN HIGHLAND AVENUE AND BANYAN STREET AND THE BANYAN STREET IMPROVEMENTS - BETWEEN MOUNT BALDY PLACE AND ROCHESTER AVENUE RECOMMENDATION It is hereby recommended that the City Council approve and execute the attached Resolution that authorizes the execution of Program Supplement No. 007 to Local Agency - State Master Agreement, STLPP-5420 for the State-Local Transportation Partnership Program and a certified copy of said Resolution along with the executed original copies of said program supplemere be sent to the State of California for their execution. BACKGROUND/ANAl ,YSIS Attached herewith are the duplicate original copies of the above subject program Supplement No. 007 to Local Agency - State Master Agreemere STLPP-5420 for the State-Local Transportation Partnership Program. This program supplement provides the reimbursable funds for the completed construction of the Rochester Avenue Street Improvements - between HiEbland Avenue and Banyan Street and the Banyan Street Improvements - between Mount Baldy CITY COL~rCIL STAFF REPORT March 1, 1995 Page 2 Place and Rochester Avenue. The project work consists of street paving, storm drain, street lights, sidewalk, curb, gutter, and landscape improvements. The supplement sets the State reimbursable portion of the project at $81,740.00 and the City's portion at $340,690.00. Reimbursable funding ~'om the Supplement Agreement shall be deposited to the SB140 Account. Respectfully submitted, W~Z ~ City Engineer WJO:HM:cb Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA~MONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO 007 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF THE ROCHESTER AVENUE STREET IMPROVEMENTS - BETWEEN HIGI'{LAND AVENUE AND BANYAN STREET AND THE BANYAN STREET IMPROVEMENTS - BETWEEN MOUNT BALDY PLACE AND ROCHESTER AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga (hereinaf. er referred to as "Local Agency"), has for its consideration and execution the Program Supplement No. 007 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program authorizing reimbursement of State Share Funds for the construction of the Rochester Avenue Street improvements - between HIghland Avenue and Banyan Street and the Banyan Street improvements - between Mount Baldy Place and Rochester Avenue. WHEREAS, the State of California, Depathsaent of Transportation, District Office 8 (hereinafter referred to as "state") processes and monitors State funded projects; and WHEREAS, as a condition to reimbursement payment of State Share funds for said projects, the Local Agency shall approve and execute said Program Supplement No. 007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, does hereby resolve to: I. Authorize the Execution of program Supplement No. 007 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program for the Reimbursement of State Share Funds for the constr~tion of the Rochester Avenue Street Improvements - between Highland Avenue and Banyan Street and the Banyan Street Improvements - between Mount Baldy Place and Rochester Avenue; and 2. To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the resolution Number and Date in the blanks in the third block of said Supplement and for the return of the original copies of said Supplement to the State of California Department of Transportation along with the certified copy of this Resolution. CITY COUNCIL RESOLUTION NO. March 1, 1995 Page 2 BE IT FURTHER RESOLVED that the Local Agency shall also comply with the "Special Covenants or Remarks" attached to said supplement including: 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination was made. The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $81,740 to be encumbered and reimbursed as follows: FY 94-95 $81,740 This agr~ment is valid and enforceable only if sufficient funds are made available by the California State Legislature. Said reimburseable funds as received will be deposited into the SB-140 Account. PASSED, APPROVED, and ADOPTED this 1st day of March 1995. '7 D f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~qeil, City Engineer Hertry Murakoshi, Associate Engineer APPROVAL AND EXECUTION OF PROGRAM SUPPLEMENT NO. 008 TO LOCAL AGENCY - STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE- LOCAL TRANSPORTATION PARTNERSHIP PROGRAM BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF THE NINETEENTH STREET IMPROVEMENTS BETVfEEN CARNELIAN STREET AND AMETHYST STREET RECOMMENDATION It is hereby recommended that the City Council approve and execute the attached Resolution that authorizes the execution of program Supplement No. 008 to Local Agency - State Master Agreement, STLPP-5420 for the State - Local Transportation Partnership Program and a certified copy of said Resolution along with the executed original copies of said program supplement be sent to the State of California for their execution. BACKGROUNDIANA! ,YSIS Attached herewith are the duplicate original copies of the above subject program Supplement No. 008 to Local Agency - State Master Agreement STLPP-5420 for the State - Local Transportation Partnership Program. This program supplement provides the reimbursable fun& for the completed construction of the Nineteenth Street Improvements - between Carnelian Street and Amethyst Street. The project work consists of storm drain, street lights, sidewalk, and curb & gutter improvements. The supplement sets the State reimbursable portion of the pmjec~ at $174,114.00 and the City's portion at $602,142.00. Reimbursable funding from the Supplement Agreement shall be deposited to the SB 140 Account. ResPec~m~-tted'~7,~~ William J. O~eil City Engineer WJO:HM:csb Attachment RESOLUTION NO. q.~- ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO 008 TO LOCAL AGENCY o STATE MASTER AGREEMENT NO. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE CONSTRUCTION OF THE NINETEENTH STREET IMPROVEMENTS - BETWEEN CARNELIAN STREET AND AMETHYST STREET. WHEREAS, the City Council of the City of Rancho Cucamonga (hereinaf~er referred to as "Local Agency"), has for its consideration and execution the Program Supplement No. 008 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program authorizing reimbursement of State Share Funds for the consauction of the Nineteenth Street Improvements - between Carnelian Street and Amethyst Street. WHEREAS, the State of California, Department of Transportation, District Office 8 (hereinafter referred to as "state") processes and monitors State funded projects; and WHEREAS, as a condition to reimbursement payment of State Share funds for said projects, the Local Agency shall approve and execute said Program Supplement No. 008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, does hereby resolve to: Authorize the Execution of program Supplement No. 008 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program for the Reimbursement of State Share Funds for the corkstruction of the Nineteenth Street improvements - between Carnelian Street and Amethyst Street; and To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the resolution Number and Date in the blanks in the third block of said Supplement and for the return of the original copies : of said Supplement to the State of California Department of Transportation along with the certified copy of this Resolution. BE IT FURTHER RESOLVED that the Local Agency shall also comply with the "Special Covenants or Remarks" attached to said supplement including: It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed aRer that determination was made. CITY COUNCIL RESOLUTION NO. March I, 1995 Page 2 The total amount of State-Local Transportation Partnership funds payable by the State shall not exceed $174, 114 to be encumbered and reimbursed as follows: FY 93-94 $174,114 This agreement is valid and enforceable only if sufficient funds are made available by the California State Legislature. Said reimburseable funds as received will be deposited into the SB-140 Account. PASSED, APPROVED, and ADOPTED this I st day of March 1995. ORDINANCE NO. 5J ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 94-04, AMENDING THE LAND USES WITHIN SUBAREA 17, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Cucamonga County Water District has filed an application for Industrial Area Specific Plan Amendment No. 94-04, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On January 11, 1995, and the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced amendment and, following conclusion thereof, adopted its Resolution No. 94-05, recommending that the City Council adopt this amendment. 3. On February 15, 1995, the City Council conducted and concluded a duly noticed public hearing concerning the subject amendment to the Industrial Area Specific Plan. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council of the City of Rancho Cucamonga hereby finds that this amendment is established and adopted to protect and promote the public health, safety, morals, comfort, convenience, and welfare; and more particularly: 1. That the proposed amendment is in conformance with the General Plan of the City of Rancho Cucamonga; and 2. That the proposed amendment is consistent with the Development Code of the City of Rancho Cucamonga; and 3. That the proposed amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and CITY COUNCIL ORDINANCE NO. EA & ISPA 94-04 - CUCAMONGA CO. WATER DIST. February 15, 1995 Page 2 4. That the proposed amendment will have no significant - environmental impact; and 5. That the proposed amendment is consistent with the objectives of the Industrial Area Specific Plan. SECTION 3: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: 1. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. < 2. That, based upon the standards of the Industrial Area Specific Plan, no significant adverse environmental effects will occur. 3. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. SECTION 4: The Industrial Area Specific Plan text, Part IV, Subarea 17 Special Considerations, con~nencing on page IV-103, is hereby amended to add the following paragraph: The portion of Subarea 17 located on the east side of Center Avenue between Foothill Boulevard and Church Street is unique because it is bounded on the north by a flood control basin and on the east. by a flood control channel. The unusual shape of the area, as well as ins proximity to residential areas, presents special site development constraints. In addition to those uses which are permitted or conditionally permitted within Subarea 17, Extensive Impact Utility Facilities may be permitted in this portion of Subarea 17, subject to a Conditional Use Permit and the special site planning and design considerations as described above. CITY COUNCIL ORDINANCE NO. EA & ISPA 94-04 - CUCAMONGA CO. WATER DIST. February 15, 1995 Page 3 SECTION 5: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inl~na Valley D~ily R,,lletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Nancy Fong, AICP, Senior Planner SUBJECT: AN APPFAI OF A MODIFICATION TO CONDITIONAl USF PFRMIT 93-49 - WFSTI=RN DFVFLOPMFNT COMPANY - Consideration of an appeal to a condition of approval imposed by the Planning Commission in limiting one wall sign for Building 1, Home Express, within the Town Center Square commercial center, located on the north side of Foothill Boulevard between Spruce and Elm Avenues - APN: 1077-421-58 and 63. RFCOMMFNDATION: Staff recommends that the City Council uphold the decision of the Planning Commission, limiting Building I to a single wall sign at the main entry, through adoption of the attached Resolution of Denial. BACKGROUNn: The Planning Commission conceptually approved the eastem-haif of Town Center Square commercial center and Best Buy building on July 27, 1994. Conditions of approval required that the western-half of the Master Plan be submitted for further review and a Uniform Sign Program be developed for the center. The Commission conditionally approved the Uniform Sign Program on October 26, 1994. Following two workshops, the Commission determined that the revised Master Plan had addressed many of the identified issues such as access, circulation, pedestrian connections, landscaping and architecture, and conditionally approved the Modification to the Conditional Use Permit on January 11, 1995. This approval included the revised Master Plan, the elevations of Building 1 (Home Express), Building 2 (Ben Franklin Crafts), Building 8 ( Pet Metro), and their signs. A condition of approval imposed by the Commission limited Building 1 to one wall sign at the main entry. This decision of the Commission was timely appealed. The applicant desires a second wall sign on their west elevation, facing Spruce Avenue. Copies of the appeal '77 CITY COUNCIL STAFF REPORT CUP 9349 APPEAL - WESTERN DEVELOPMENT CO. March 1, 1995 Page 2 letter from the applicant, the January 11, 1995 Commission minutes, and staff report are attached to this report for the Councirs reference. ANAl YSIS: A. Approved Sign for Home I::xpress. According to the approved Uniform Sign Program, a major tenant, such as Home Express, is allowed to have one wall sign per building elevation, up to a maximum of three, with a maximum sign height of 24 inches. The sign height may be increased if the proposed sign is included in the building design, subject to Commission review and approval. At the January 11, 1995 meeting, the Commission approved the building design for Home Express, which included a wall sign on the south elevation with a dimension of 3.5 feet by 32 feet. However, the Commission did not approve the second wall sign on the west elevation that faces Spruce Avenue. B. Appellant's Appeal. In the appeal letter, the applicant stated that the wall sign on the west elevation is needed to provide identification to the east bound traffic on Church Street and Town Center Drive and the south bound traffic on Spruce Avenue. The applicant also stated that the second sign on the west elevation relates to their pdmary parking lot and is consistent with the approved Uniform Sign Program and consistent with the approval of the Ward's Auto Express sign for a street side elevation across the street within the Terra Vista Town Center. C. Commission's Concems. In reviewing the sign request, the Commission found that the north and west sides of the site are surrounded by existing and future residential uses, as shown in Exhibit "D." The west elevation of Home Express (Building 1) is a street side elevation which is most visible to the planned residential use toward the west. The Commission believes that having a lighted sign on this side of the building will not be compatible with the residential use because it will create a nuisance problem of glare. The Commission felt that a building this size is already an identffication and placing a wall sign on the west elevation will not add to it. The Commission also stated that the Best Buy building, which is in a similar situation as in Home Express, was not allowed to have a wall sign on the street side elevation (Elm Avenue) because of the same concems. With regard to Ward's Auto Express sign, the Commission stated that the east side of the building, where the sign is located, faces a commercial center and therefore, does not create the same nuisance problem. The Commission believed that the consistency of their action would establish a level playing field. CITY COUNCIL STAFF REPORT CUP 9349 APPEAL - WESTERN DEVELOPMENT CO. March 1, 1995 Page 3 In conclusion, staff believes that the nuisance and conflict concerns, raised by the Commission, are valid. Staff recommends that the Council uphold the Commission's action. If the Council determines otherwise, staff recommends that the sign height at the west elevation of Building 1 be limited to a maximum of 24 inches, which is consistent with the sign criteria. 2r ~1~~~ City Planner Attachments: Exhibit "A" - Applicant's appeal letter Exhibit "B" - January 11, 1995 Commission's minutes and staff report Exhibit "C" - Commission's Resolution No. 94-69A Exhibit "D" - Site Utilization Map Exhibit "E" - Building I elevations (Home Express) Resolution of Denial RECEIVED JAN 2 3 7994 CiTy of Ranc/~o Cucarnonga Planning D/v/s/on Band Delivered January 23, 1995 City Clerk City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject: Modification to Conditional Use Permit 93-49 Planning Commission Resolution No. 94-69A Gentlemen: Western/Development Co., the applicant for the modification of Conditional Use Perknit No. 93-49, respectfully appeals the following condition to Resolution No. 94-69A: Planning Division 9) Signs a) One wall sign for Home Express at the main building entry with a maximum sign/letter height of 3.5 feet. We proposed two signs for this approximate 47,000 sq. ft. anchor tenant for Town Center Square. The secondary tenant identification sign is on the west side of Home Express, facing traffic on Spruce Avenue, and was not allowed after discussion by the Planning Commission. Our appeal is to allow the second sign as conditioned in the January 11, 1995 staff report(attached). A few reasons for the requested secondary Home Express sign: 1. The parking field north and west of the Home Express is premier parking for this tenant and the building sign would clearly assist vehicular traffic in utilizing this parking area. 2. It assists the customer shopping in Terra Vista Town Center and exiting onto Spruce Avenue in identifying the location of the Home Express. 3. It assists the eastbound motorist on both Church Street and Town Center Drive in identifying the location of Home Express. 4. It assists the southbound motorist on Spruce Avenue in identifying the location of Home Express. CJP Hfo D . .mSI T "A" Letter 1/23/95 5. It is consistent with the approved Uniform Sign Program No. 123 for Town Center Square. 6. It is consistent with the existing signs facing Spruce for Terra Vista Town Center ( Montgomery Ward's Auto Express). We feel that the requested sign, as conditioned by staff, is appropriate for the tenant, the shopping center, and the City of Rancho Cucamonga and appreciate the opportunity to have this matter reconsidered. Should you have any questions or require additional information, please call me at (909) 949-6602. Sincerely, Charles R. Beecher Director of Commercial Project Management CC: Rick Mager Nancy Fong- City of Rancho Cucamonga/ Carl Laughlin- Home Express DRAFT - FOR DISCUSSION PURPOSES ONLY MODIFICATION TO CONDITIONAT. USF. PF~RMIT 93-49 - W~.STRRN T.AND PROPERTI~-S - A modification to the development of an integrated shopping center, Town Center Square, consisting of 13 buildings totaling 225,316 square feet on 25 acres of land in the Community Commercial District of the Terra Vista Community Plan, located on the north side of Foothill Boulevard between Spruce and Elm Avenues - APN: 1077-421-58 and 63. Related file: Development Review 94-19. NRW BUSINESS DEVRT.OPM~NT ~VI~W 94-19 - WESTERN T.AND PROPERTIES - The design review of detailed site plan and elevations for Building 8, Pet Metre, within the Town Center Square shopping center in the Community Commercial District of the Terra Vista Community Plan, located on the north side of Foothill Boulevard between Spruce and Elm Avenues - APN: 1077-421-58. Related file: Modification to Conditional Use Permit 93-49. Nancy Fong, Senior Planner, presented the staff report. She noted that the applicant had requested that their name be changed to Western Development Co. on the resolutions. Commissioner McNiel asked if there was any enhanced paving for identification of the pedestrian areas exiting from the front of the major tenants to the parking area. He commented that on the Best Buy site, the Commission had not requeste~ such identification and he wanted to be sure it was not missed in front of the other stores. Brad Bull.r, City Planner, stated that Exhibit D reflected what had been agreed to at the last workshop. Commissioner Melcher stated that the north elevations seem to reflect a high degree of color change. He asked is staff was satisfied that the color change will be more subtle, similar to Tetra Vista Town Center. Ms. Fong replied that the colors are consistent with to Terra Vista Town Center. Commissioner Lumpp asked if the Pet Metre sign approved by the Design Review Committee was reflected on the elevation. Ms. Fong replied affirmatively. Chairman Barker opened the public hearing. Chuck Beechmr, Lewis H~mes, 1156 North Mountain, Upland, stated he had discussed with staff the condition requiring additional architectural treatment for the north side of the west elevation of Building 1, and it was his understanding that staff was looking for additional molding or medallions, not additional trellises or recessed arches. He said that would be acceptable. Cce~nissioner Melcher asked if staff was looking for more treatment than what is shown on the elevation. Ms. Fong indicated the additional treatment was for the end of the building wall. Con~issioner McNiel felt that was reasonable. Planning Commission Minutes 10 January 11, 1995 Commissioner Melther felt additional treatment was unnecessary as it is a small element on the back of the building. He thought adding one medallion would create spacing problens and adding two would draw more attention to that portion of the wall. Commissioners Tolstoy and Lumpp agreed with Commissioner McNiel. Mr. Beecher confirmed that the Pet Metro sign depicted on the elevations was what had been agreed to at the last workshop. He said it is 23 feet, which is a lot smaller than what had originally been proposed. He reported they are sponsoring an ar~c cc~npetition and the ar~ pieces should be ready to put in place in November 1995. He requested that Planning Condition 5e be changed to reflect that the works of ar~ will be placed at the completion of the plazas Is that occupancy of the buildings would not be held up. He said they intend to have the ar~ in place prior to the end of the year. Mr. Beechef observed that Planning Condition 6 calls for the lower central plaza to be completed prior to release of occupancy for Buildings 7 and 4 and he requested that completion be delayed until they have a design and begin working on construction of Buildings 10 and 11 because the landscaping may be destroyed during construction. Ms, Fong observed that design review of Buildings 10 and 11 has not been submitted. She said the main entry off Foothill Boulevard will be landscaped on both sides except the building pads. She said the building pads will be grass for an unknown period of time. Mr. Beechef said it should not be too long before they are ready to submit for Buildings 10 and 11. Commissioner Lumpp felt the uses of Buildings 10 and 11 may dictate specific landscape materials or plaza design. However, he thought a backbone landscape concept and design should be installed because it is the main entry to the project. He suggested that the applicant work with staff. Camnissioner Tolstoy stated there is a possibility that Buildings 10 and 11 may not be built for several years. He agreed that some landscaping needs to be installed with Buildings 7 and 4. C~m~nissioner Lumpp said the landscape installed at this time should establish the theme and the viewshed corridor but he did not think all of the landscaping should be required at this time. Commissioner Tolstoy felt the walkway and the major trees should be installed now. Commissioner McNlel asked if the parking lot will be phased. Mr. Beechef replied they hope to start construction of Buildings 1, 2, and 8 in April with completion of the buildings by August and completion of the full parking lot in time for fall openings. Commissioner Melther recalled that when the former tenant for the site now occupied by Service Merchandise fell out, the applicant defined the storefront area with a temporary fence that was painted in a design consistent with the shopping center. He stated this approach is the spine and a major feature of this project and he thought it would not be excessive to require something similar on the south and east sides of what will be the building pad with the plaza now being developed as cc~pletely as possible. He thought the applicant's argument that landscaping would be destroyed during construction of Buildings 10 Planning Commission Minutes 11 January 11, 1995 and 11 was weak because the same applicant had just inserted two buildings on the pad at the northeast corner of Haven and Foothill without destroying adjacent landscaping and herdscape. He said the schedule could later be adjusted if necessary. Commissioner McNiel felt grass would be sufficient for the pads and a facade would not be necessary. Commissioner Tolstoy agreed. Regarding Condition 8b, Mr. Beechar said they anticipate submitting Buildings 3 and 4 quickly, but he requested they be permitted to paint the blocks of Building 2 until Buildings 3 and 4 are underway, similar to what they did at Best Buy. Commissioners McNiel and Melcher felt that was acceptable. Debts West, Noble Signs, stated she represents X~me Express. She said they would like "H~ Express, Bed, Bath, Housewares, and Furnishings' on their front sign because that is the n~me they go by. She showed several examples of where such signs have been used in other locations. She asked if they could add the additional verbiage on the building at a place of the Coemission'l choosing. Chairman Barker asked staff to comment. Ms. Fong stated that according to the Sign Ordinance, the additional verbiage is termed extraneous information. C~mnissioner Lumpp stated that he appreciated Ms. West's comments, but he noted that the Commission had made it clear to a representative from Home Express at the last Design Review Committee meeting that extraneous info~nation is not permitted. Ms. West stated she had received that feedback from Ms. Fong but H~me Express was hoping that they could incorporate their full name instead of Just using Home Express. She noted that Pet Metro is being permitted to have more copy than Pet Metro. Chairman Barker stated that the C~m~ission w~uld later be discussing the problem of users extending their names to be long enough to 'wrap around the building.' He felt such n~ee and logos are no longer names and logos, but advertising and that is a major concern of the Commission and the City. Me said the intention of signage is identification, not advertising. C(xmnissioner Melcher remarked that Michaels had also put forth a similar request and had been turned down. Commissioner McNlel noted that some grocery stores have come in with requests for "bakery, beer and wine, etc." He said that Ross had indicated that "Ross Best for Less" is their name and they were permitted to have that signage. He felt that companies have star~ed to expand names to include advertising. information. Comissioner Lumpp feZt there was a major difference between what Home Express is requesting and what was permitted for Pet Metro, in that the Pet Metro sign states "Pet Metro, The Ultimate Pet Metropolis" and will not lilt products. C~mnissioner Melcher c~m~nted that the other tenants in the center have only one sign facing Foothill Boulevard and he questioned why this building should be permitted a sign on the west elevation facing Town Center Drive. Planning Commission Minutes 12 January 11, 199~ Mr. Bullet observed that the Coa~nission had discussed the sign on the wee= elevation the last time they addressed signs at this center, and the Commission had agreed that this sign was acceptable at the reduced size now proposed. The Commissioners stated they did not recall agreeing to the sign. Commissioner McNiel asked what color the sign will be. Ms. Fong replied that it will be red. Commissioner Lumpp noted that the center will have signage in the two most visible colors, red and yellow. Commissioner McNiel agreed with Commissioner Melcher that there is no need for the sign. Chairman Barker said he only recalled discussing the additional verbiage. Cc~nissioner McNiel recalled that when the secondary sign was discussed for Best Buy, the Commission decided it was unnecessary because it would only face the office/industrial and the apartments across the street. He felt this situation was similar and he did not feel the sign serves a valid purpose. It was the consensus of the Commission to delete the secondary sign for Hoes Express. Co~missioner Lumpp questioned the definition of 'significant' with regard to the works of ar~ mentioned in Planning Condition 5e. He preferred that the language be changed to provide that the w~rks of ar~ be similar in size to the art at the corner of Haven and Foothill. He said he did not mean the same shape. Chairman Barker felt the developer has a track record with providing appropriate art. Ca~nissioner Melcher felt that Commissioner Lumpp was attempting to guard against an ar~ piece similar to the rams head located in the project south of City Hall. He felt Ccm~nissioner Lumpp was asking that the piece be of appropriate scale to the space. Rick Mager, Western Development Co., 1156 North Mountain, Upland, provided · copy of the ar~ competition announcement. He stated that a five-member Jury has been selected to pick the works of art from an art contest they are sponsoring. He remarked they have allocated budgets of $40,000 and $30,000 for the sculptures. He said the five Jurors include Mayor Alexander, Randall Lewis, two artists, and someone from the Wighall Museum. He said they lntend to selec~ two pieces of ar~ which are complementary to the spaces. He felt the Jury will have the best interests of what will fit in the spaces at he·ft. He requested that the selections not be confined by definitions. Commissioner McNiel felt the art contest to be an excellent approach but he doubted most of the Jurors will take into account the spaces where the pieces will be displayed. He felt there should be some defining guidelines or · definition of the purpose so they w~ll consider the spaces. Mr. Mager said the five-member Jury could be increased to six with the addition of a Planning Commissioner if the Commission felt that was necessary. Planning Commission Minutes 13 January 11, 1995 Chairman Barker felt the Planning Commission had expressed its concerns to the applicant and the applicant's track record should be sufficient. Camnissioner Melcher thought the materials provided to interested artists would include drawings and other data describing the spaces in which the works of art will be set. Mr. Mager responded affirmatively and stated there will also be an orientation meeting. The Comission felt that would be sufficient. Mr. Bullet suggested dropping the word "significant" from Planning Condition Be. He camTanded the applicant for the art contest and noted that the applicant had requested that the release of occupancy not be tied to the installation of the art pieces. Chairman Barker noted the applicant had also requested delaying the construction of the lower central plaza. Coc~issioner Melcher felt the plazas should go in and the art can be put in place at a later time. Chairman Barker thought the timing of the placement of the art should correspond with the contest. Commissioner McNiel asked if the pedestrian area in front of the stores could be widened from 8 feet to 12 - 15 feet. Mr. Mager said that would be satisfactozT. Mr. Beechar said the crosswalks are located at the handicap area and they had felt there should not be a checkerboard effect of a number of crossings across to the parking area. Cou~nissioner McNiel asked if they could be wider than 8 feet. He also asked the material. Mr. Beechar said it will be textured concrete. Commissioner Melcher asked why Commissioner XcXiel wanted them wider. Co~nissioner McNiel responded that because parking is not located in front of the building, when people exit the stores they immediately cross to the parking area. He said most store entrances are rather wide and he felt wider pedestrian crossings would identify to drivers that people will be exiting the stores in those areas and crossing to the parking lot. He did not feel an 8-foot wide strip is significant enough to identify the crossings and get drivers to slow down. He said his concern is for the safety of people exiting the stores. ~lssioner Tolstoy felt 12 feet would also be better scale for the buildings. Camnissioner Melcher felt it is ~rtant to understand where the crosswalks are located, as he said they are not at the store entrances, but rather at the handicap parking spaces. Mr. Beechar said the public crossing walk in similar situations is a 10-foot width and in areas of enhanced paving they are required to place a stop sign. Planning Commission Minutes 14 January 11, 1995 He felt 10 feet would be a reasonable width. He reiterated they do not match up to the building entrances, but rather to the handicap parking spaces. He said the stop signs are required by the Americans with Disabilities Act. Cc~enissioners McNiel and Tolstoy felt the pedestrian crossings should tie in with the building entrances. Motion: Moved by Lumpp, seconded by Melcher, to issue a Negative Declaration and adopt the resolutions approving modification to Conditional Use Permit 93-49 and Development Review 94-19 with modifications to change the applicant's name to Western Development Co., provide that the works of art be placed upon completion of the plazas, and delete the Home Express sign on the west elevation. Motion carried by the following vote= AYES: COMMISSIONERS= NOES: NONE ABSENT: NONE BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY - carried Commissioner Melcher felt the Commission should not have required additional architectural treatment for the north side of the west elevation of Building 1 because it will make the west elevation appear different from the south elevation and they will both be viewed at the same time. Con~nissioner Lumpp stated the condition allows staff to work with the applicant to come up with a design that will work well and look good. Planning Commission Minutes 15 January 11, 199S E7 CITY OF RANCHO CUCAMONGA STAFF RKPORT DATE: TO: FROM: BY: SUBJECT: January 11, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Nancy Fong, AICP, Senior Planner MODIFICATION TO CONDITIONAL USF. PF, RMIT 93-49 WFSTI~.RN lAND PROPERTIES - A modification to the development of an integrated shopping center, Town Center Square, consisting of 13 buildings totaling 225,316 square feet on 25 a~res of land in the Community Commercial District of the Tetra Vista Community Plan, located on the north side of Foothill Boulevard between Spruce and Eli Avenues - APN: 1077-421-58 and 63. 13F. VF.I ,OP~ RF, VIF. W 94-19 - W~.STi~.RN I.ANT~ PROPF. RTIF. S - The design review of detailed site plan and elevations for Building 8, Pet Men-o, within the Town Center Square shopping center in the Community Commercial District of the Tetra Vista Community Plan, located on the north side of Foothill Boulevard between Spruce and Elm Avenues - APN: 1077-421-58. ABSTRACT: The applicant requests approval of the revised Master Plan, the elevations of Building 1 (Home Express), Building 2 (Ben Franklin Crafts), Building 8 (Pet Metro), and their signs. BACKGROUND: On July 27, 1994, the Planning Commission conceptually approveel the eastern half of Town Center Square shopping c~nter and the Best Buy building with a condition that the applicant submit the Master Plan for further review prior to approval of a design review for Building 8. The areas of concern identified by the Commi-~ion were access, circulation, and pedestrian connection on the western half of the site and landscaping and architectural program for the enti~ site. Sulr~quently, the City received a Conditional Use Permit application for the revised Master Plan and a Design Review application for the Pet Metro bUilding. On November 9, 1994, the Commission conducted a workshop to review the development plans andsdirected the applicant to address their identified concerns. On December 14, 1994, the Commission conducted 'a' second workshop to review the revised development plans. At that worksh6p the revised plans included elevations fro' Home Express and Ben Franklin Crafts. The Commission found that the revised development plans addressed many of the identified issues and that the elevations of the three tenants, with the recommended improvements, were acceptable. The Commission then direted staff to forward the applications to the Commission for formal action. Copies of the November 9, and December 14, 1994 staff reports are attached to this report for reference. PLA.N.'NING COMMISSION S"' ~ FF REPORT CUP 93-49 & DR 94-19 - WES....RN LAND PROPERTIES January 11, 1995 Page 2 ANAI.YSIS: A, Master Plan. The revised Master Plan is similar in design to the one conceptually approved by the Commission on July 27, t 994. However, it shows a reduction in the number of Buildings from 15 to 13 as a result of specific tenants for Buildings 1, 2, and 7 (Buildings 5, 6, and 7 axe combined), and an increase in the total square footage from 222,605 to 225,316 square feet. Most of the proposed changes occur at the western half of the site. The location of the two project entries off Spruce Avenue and the main east-west drive aisle have not changed. The safety and the flow of on-site traffic from the first project entry off Spruce Avenue to Buildings I and 2 have improved. The Master Plan shows the key pedestrian connections linking the buildings at the west side of the site and the east side of Terra Vista Town Center. The landscape and bardscape design for Buildings 1, 2, and 8 have also changed as a result of specific tenants. The Commission reviewed the changes and found them acceptable with the condition that a pedestrian connection be provided from the north side of Building 12 to Home Express. The Commission and the applicant agreed to staffs recommended improvements to the landscape and hardscape plan as follows: The use of acid wash surface material for the concrete accent inset. (Revised as shown in Exhibit "E"). , The addition of a row of pedestrian-scale trees along the main drive aisle at the signalized entry off Spruce Avenue. (Revised as shown in Exhibit "E"). The addition of two pedestrian-scale trees to the west side of Ben Franklin Crafts. (Conditioned). , The addition of a concrete accent inset in front of the second building entry for Pet Metro. (Revised as shown in Exhibit "E"). The Commission also clarified to the applicant that the streetscape along Foothill Boulevard should transition to the landscape concept of the Foothill Boulevard Design Supplement. BuildinR, Design for Pet Metro. Home i;'.lDress. and Ren Fr*nitlin Crafto The Commission found the revised elevations for Pet Metro acceptable. The Commission also found the elevations for Home Ex, press (Building 1 ) and Ben Franklin Crafts (Building 2) acceptable with the following changes: 1. Add embellishments to the north elevation of Buildings I and 2. The revised north elevation of Building 1 (see Exhibit "F") shows the addition of a second tier of painted plaster cornice along the top portion of this elevation. However, the painted wainscot at the bottom portion of this elevation as reviewed by the Commission at the December 14, 1994, workshop has been eliminated. Staff recommends that the painted wainscot with the plaster molding be added back to this elevation. (Conditioned) PL.~'N,~ING COMMISSION S"' ~ FF REPORT CUP 9349 & DR 94-19 - WES....RN LAND PROPERTIES Januar~ 1 I, 1995 Page 3 b, The revised north elevation of Building 2 (see Exhibit "G") shows the addition of recessed arched plaster treatment and plaster molding with metal grill to the east side. Staff finds the treatment acceptable. Add molding around the diamond shape tile inset on the north and west elevation of Building 1 tower element. (Conditioned) 3. Add architectural treatment to the north side of Building I west elevation. (Conditioned) 4. Add architectural treatment to the north side of Building 2 east elevation. The revised east elevation shows the same architectural elements as in the north elevation of Building 1: a recessed arched plaster treatment and plaster molding with the metal grill (see Exhibit "G"). Staff finds the treatment acceptable. 5. Add architectural treatment to the blank wall behind the colonnade of Building 2. The revised elevation shows tile wainscot is being provided (see Exhibit "G"). Staff finds the treatment acceptable. A proper architectural treatment or transition to the south side of Building 2 east elevation be provided. (Conditioned). ~ The Commission conditionally approved a Uniform Sign Pmgrarn for Town Center Square on October 26, 1994. Pet Metro, Home Express, and Ben Franklin Crafts are Major Users which are allowed to have one wall sign per building entry with a sign dimension of 2 feet high by 24 feet long. However, a provision in this Sign Type I also allows an increase in the letter size if the sign is included as part of design for the building elevations subject to Design Review Committee approval. The signs for Pet Metro have been included in the building design for staff review. However, the applicant submitted proposed signs for Home Express and Ben Franklin Crafts store at the December 14, 1994 workshop. Because staff did not have a chance to review the proposed signs against the approved Uniform Sign Program and the City's Sign Ordinance, the Commission took no action at that time. Based upon the revised development plans, staff offers the following comments: Pet Metre Store. Two signs are proposed. The primary sign is located at the main building entry and consists of the words "Pet Metro" with a metropolis graphic' design behind the individual letters and secondary words of"the ultimate pet metropolis," with a sign dimensions of 5.5 feet by 35 feet. The colors are red letters with blue trim for Pet Metro, white letters with blue background for the additional words, and yellow and blue for the graphics. The secondary sign consists of individual letters for the words "Pet Hospital," with a sign dimensions of 2 feet by 20 feet. The color is white. Staff recommendation at the Dec, ember 14. 1994, workshop was to eliminate the graphics and the secondary wording for the primary sign and reduce the letter height to 3.5 feet. The Commission reviewed the proposed signs and // PLANTING COMMISSION S' ' FF REPORT CUP 93-49 & DR 94-19 - WES....RN LAND PROPERTIES January I1, 1995 Page 4 found the Pet Metro sign with the graphics and the additional wordings acceptable if the sign height was reduced from 5.5 to 3.5 feet. The Commission also found the secondary sign acceptable as shown on the elevation as to the sign location, dimensions, and color. The revised elevation shows a reduced letter height of 3.5 feet and a total sign height of 5 feet. Home Express Store. Two signs are proposed for Home Express, one at the main building entn/and a second one at the west elevation. The signs consist of individual letters for the words" Home Express." The sign dimensions are 3.5 feet by 32 feet. The color is red. Staff finds the main entry sign has the proper proportions when placed on the tower element and is therefore acceptable. The placement of the second sign at the west elevation is acceptable; however, the letter height should be reduced to 24 inches since the building is much closer to Spruce Avenue. This item has been placed as a condition of approval. Ben Franklin Crafts Store. One sign is proposed at the main building entry. It consists of individual letters for the words "Ben Franklin Crafts." The letter size for the words "Ben Franklin" is 2 feet and the letter sizes for the word "Crafts" are 4 feet for upper case "C" and 3.5 feet for the lower case letters. The color is red. Staff finds the proposed sign acceptable. RECOMMENDATION: Staff mornmends that the Commission approve the Modification to Conditional Use Permit 93-49 and Development Review 94-19 through the adoption of the attached resolution. Brad Buller City Planner BB:NF:mlg Attachments: \~ Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit "A" - Site Utilization Map "B" - Revised Master Plan "C" - Revised Conceptual Grading Plan "D" - Revised Conceptual Landscape Plan "E" Hardscape, Pedestrian Nodes and Plazas "F" - Revised Elevations, Floor Plan, and Signs for Building 1 "G" - Revised Elevations, Floor Plan, and Signs for Building 2 "H" Revised Elevations, Floor Plan, and Signs for Building 8 'T' Details "J" November. 9, and December 14, 1994, Planning Commission Staff Reports Exlfibit "K" - Planning Commission Resolution No. 94-69 Resolution Approving Modification to Conditional Use Permit 93-49 Resolution Approving Development Review 94-19 RESOLUTION NO. 94-69A A RESOLUTION OF TH/PLANNING COMMISSION OF ~ CITY OF RANCLIO CU~, CALIFORNIA, APPROVING A MODIFICATION TO CONDITIONal USE PE}Q4IT SO. 93-49 FOR A MODIFICATION TO THE DEVELOPMINT OF AN INTEGRATED SHOPPING CENTER, TOWN CENTER SQUARI, CONSISTING OF 13 BUILDINGS TOTALING 225,316 SQUARI F~BT ON 25 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUN I TY PLAN, LOCATED ON THI NORTH SIDE OF FO(FEHIv-r- BOUI~'~ARD B~"reTEF~M SPRUCE AND ELM AVENUES, AND MAKING FINDINGS IN SUPPORT THIRIOF - APNz 1077-421-58 AND A. R.-citmle. 1. Western Develolxaent Co. has filed an application for the modification of Conditional Use Permit No. 93-49, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as 'the application.' 2. On the 11th day of Januaz? 1994, the Planning C--eeission of the City of Ranthe CutameriCa conducted s duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. m. R-molution. NO~, THERIFORI, it iS hereby found, determined, end resolved by the Planning Co.~ission of the City of Ranthe Cuessongs as followst 1. This Coslesion hereby specifically finds that all of the facets se~ foz~ch in the Recitals, Pert A, of this Resolution are true and correct. 2. Based upon sub~antial evidence presented ~o this Coomission during the abort-referenced public hearin~ on January 11, 1994, including written sad oral staff reports, t~xjethet with public testimony, this C:8~leelQn hersip/ specifically finds as fOilMs a, The application applies to prQporty located at the north side of f~hill BOMIe~J~I~dI~ 8proace snd llmAvenueewith a e~=%e~ frontage of 1,600 feet and lot de~h of 700 fee~ end is partially iRisroved with a S7,SOO square fc~t bulldine end parkin~ area~ sad b. The properties to the north, east, and south are vacant, and the property to the west Is dmloped with · cmtcial centers and c. The design of the project, together with the conditions of apSeoval, mse~s the applicable standards in the I:)eulollssnt Coda, the doveloimsnt standards, and the design ~uidelinee in the Tetra Vista Cctnity Planl and ntd. The dm of the proJec~ will not have a significant impact s/T "C" pLANNING COMMISSION . ,SLUTION NO. 94-69A CUP 93-49 - WESTERN LAND PROPERTIES January 11, 1994 Page 2 e. The develol~ent of the project will strengthen the c~mmercial base- for =he City and provide a diversity of cmrcial centers for the rem£dentm. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of fac~s set forth in paragraphs 1 and 2 above, this ~islion hereby finds and concludes as follows= a. That the proposed use is in accord with the General Plan, the objectives of the Tetra Vista Community Plan, and the purposes of the district in which the sits is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properlies or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Developsent Code and the Tetra Vista C~mmunity Plan. 4. The Planning ~lssion issued a Negative Declaration for the Master Plan on July 27, 1994, and the Commission finds there are n~ substantial chinese the design and the developsent of the Master Plan project. 5. Based upon the findings and conclusions se~ forth In paragraphs 1, 2, 3, and 4 above, this Cosmission hereby approves the application subject to each and every condition set fetch below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plmnning Division 1) 2) 3) -. 4) All pertinent conditions of approval contained Planning Cca~ission Resolution No. 94-69, lncludin~ Standard Conditions, unless as modified below, shall apply, This approval is for the Master Plan and the building design for buildings 1, 2, and 8. Future developsent of each pad and satellite building shall be subject to separate Developsent Review application(s) for Planning Cuemission review and approval. Modification to the Master Plan shall be subJecL to Planning ~ission review and approval. S) Master Plans a) k pedestrian connection from the north aide of Building 12 to Building I shall be pro~ided at the time of development of hilding 12. The final design of the pedestrian walkway and landscaping shall be PLANNING COMMISSION ~ SLUTION NO. 94-69A CUP 93-49 - WESTERN LAND PROPERTIES January 11, 1994 Page 3 subJec= =o cl=y Planner review and approval prior issuance of building permine for Building 12. b) A pedestrian crosswalk a~ ~he wee= side of Church S~ree~ and Elm Avenue shall be provided. c) A pedes~rian crosswalk shall be provided signalized ln~ersection of Town Center Drive and Spruce Avenue. d) The final design of ~he upper and lower central plazas shall be subJec~c =o Planning Cuemission review and approval. Zero curb and decorative bollards should be considered a~ =he end of ~he ~wo plazas where =he main drive aisle bisects. e) Condi~ion No, 4 of Planning ~lssion Resolution No. 94-69 shall be replaced as follower Two works of a~c shall be placate one each at ~he =we central plazas. The arc work shall be ins~allei wi=h ~he completion of ~he plazas. f) The proper~y owner shall be responsible to maintain =he =we ar~ works within the plazas and the focal elemen~ located at Building 1 for the life of ~his shopping center. g) The proper~y owner and/or the ~enant shall be responsible to ensure all shopping car~s are collected and stored at the approved deeigna=ei place at the end of the work day, h) Public telephones shall be placed inside the building. Outside public telephones my be allowed within the central plazas only, when needed. Placement shall be subJec~ to City Planner review and approval prior to installation. i) Placement of newspaper racks aid other stree: furniture, etc. my be allowed subject to City Planner review end approval prior to installation. 6) Phased Improvements plan, a) The foilswing improvements shall be complotei prior to release of occupancy for hlldimJ 8 (Pet Metro)s Foothill Boulevard landscaping and pro~oc~ entry landscaping, Spruce Avenue landecapin~, the balance of Church Street landscaping, and the bus shelter on Foothill Boulevard. PLANNING COMMISSION ;SLUTION NO. 94-69A CUP 93-49 - W~STERN LAND PROPERTIES Januat7 11, 1994 Page 4 7) b) c) The following improvements shall be completed prior to release of occupancy for Buildings 7 (Barnes & Noble) or 4, whichever building c~ees firstz hardscale and ~andscale between Buildings 3 through 7 and the upper and lower central plazas. The following improvements shall be completed prior to release of occupancy for Buildings 1 (Home Express) or 2 (Ben Franklin Crafts), whichever comes firstz bus shelter on Church Street and striped crosswalk per City standards at the south side of the si~nalized Antersec~ion of Town Center Drive and Spruce Avenue. Building 1. a) b) Painted wainscot with plaster molding shall be provided along the bottom p~L~ClOn of the noah elevation. The diamond shape tile insets on the north and west elevations of the tower element shall have molding around thee. c) The north side of the west elevation shall have additional architectural treatment eub~e~C to city Planner review and approval. 8) Building 2. 9) a) Two pedestrian scale trees shall be provided to the west side of Ben Franklin Crafts. b) Proper architectural treatment or transition shell be provided to the s~uth side of the east elevation. The ap~lAcant may request a relief of this condition, if Building 3 has received design review approval, plan check hal been submitted and in substantial conformante, and building permit lssuanoe is pending, at the time of permit issuance for Building 2, eub~ec~ to City Planner review and approval. Signs. The following signs are approved for the specific tenants of BuildiroNs 1, 2, and $. Future tenants of them three buildin~s will be subject to the criteria of approved Uniform Sign Progrms No. 123. a) One wall sign for Home Express at the main building entry with a maximum sign/letter height of 3.S feet. b) One vail sign for Ben Franklin Crafts as shown on Exhibit "G" of the staff report, PLANNING COMMISSION. DEUTION NO. 94-69A CUP 93-49 - WESTERN LAND PROPERTIES Januar~ 11, 1994 Page 5 c) Two wall signs for Pet Metre= one at the main building entry with a maximum sign height of 5 feet and a maximum letter height of 3.5 feet and one at the secondary entry with a maximum sign/letter height of 2 feet. Engineering Division 1) All pertinent conditions contained in Planning Commission Resolution No. 94-69, including Standard Conditions, shall apply unless modified below. 2) Condition No. 4C of Planning Commission Resolution No. 94-69 shall be modified as foilswax The Foothill Boulevard drive approach shall conform to Standard No. 101-C, except the width may be increased to 60 feet with a 2Q-foot median island, and shall have a concrete right turn deceleration lane to the satisfaction of the City Engineer (230-foot minimum), preferably IM~inning west of the existing catch basin. 3) Either process a Lot Line Adjustment to make the parcel line between Parcels 1 and 2 of Parcel Map 14331 conform to the revised drive aisle confl~uration or provide ingress/egress and drainage easements across Parcel i in favor of Parcel 2 which reflect the revised drive aisle confi~uration. 4) Crosswalks in the public right-of-way shell not be installed without traffic c~ntroZsJ i.e. four way stop or traffic signal. Traffic controls shell only be installed when warranted, to the satisfaction of the City Briginset. A warrant study for the traffic controls at Church Street and SIR Avenue shell be provided at the request of the City InSinset. 5) Condition MS, 2 of Planning C~mmisslon Resolution No. 94-69 shall be m~tified me follower e) Install the traffic signal st Ilm Avenue end Foothill Boulevard, T~e signal shall be operational prior to tbe release of ocoupancies. The developer shell receive credit toward, and reLemrsemsnt for, costs in excess of the TrenepeL~etion DevelopBent Fee in conformsrice with Ordinance No, 445, b) UlxFrade ~beesis~ln~ signal at Town Center Drive and Spruce Avenue upon installation of the drive approach on the seat side op~M)lite TM Center Drive, PEANNING COMMISSION SLUTION NO. 94-69A CUP 93-49 - WESTERN LAND PROPERTIES January 11, 1994 Page 6 c) Prior =o =he issuance of building permits, a signal wetran= e=udy shell be eubmi==ed to and approved by the City Engineer to determine the level of development which will trigger the installs=ion of interim end ultimate traffic controls at the following intersections: Church/Mllliken, Church/Elm, and Church/Spruce. Implement the study findings as directed by the City Engineer. 6) Foothill Boulevard driveway skall be operational prior the release of occupancies. 7) The entire F~thlll Boulevard frontage landscaping shall be approved by the City Engineer and City Planner end shall be installed prior to the release of occupancies, 6. The Secretax7 to this Ccesiseion shall certify to the adoption of this Resolution. APPROV2D AND ADOFrED THIS llTH DAY OF JANUARY 199S. I, Brad Boiler, Secretary of the Planning Commission of the City of Ranch~ Cucmonga, do hereby certify that the forogoin~ Reeolutia~ was duly and regularly introduced, peseed, end edo!~ed ~y r~e Planning mission of the City of Panch~ Cucmnonqa, at · regular King of the Planning CoaatllLon held on the llth day of- January DeS, by the following CJP ~ -~t ~o~. ~hBF/"'D" ;/~!/cG._L ,/I.:..-. ' a -: ~ //', RESOLUTION NO. ~_~- (E~)__~ O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL FOR A MODIFICATION TO CONDITIONAL USE PERMIT 93-49, WHICH IMPOSED A CONDITION OF APPROVAL LIMITING BUILDING 1 TO ONE WALL SIGN, WITHIN TOWN CENTER SQUARE, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD BETWEEN SPRUCE AND ELM AVENUES, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-58 AND 63. A. Recitals. (i) Western Development Company has filed an appeal of the Planning Commission's approval of a modification to CUP 93-49, as described in the title of this Resolution. Hereinafter in this Resolution, the appeal request is referred to as the "application." (ii) On the 11 th day of January 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the Conditional Use Permit and, following the conclusion of said public headng, adopted Resolution No. 94-69A approving said permit with conditions. (iii) The decision represented by said Planning Commission Resolution was timely appealed to this Council. (iv) On the 1st day of March 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the appeal and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A." of this Resolution are true and correct. 2. This Coundl hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, and further, the Planning Commission has issued a Negative Declaration for the Master Plan on July 27, 1994. 3. Based upon substantial evidence presented to this Council during the above-referenced March 1, 1995 public hearing. including written staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 94-69A, this Council hereby specifically finds as follows: /o/ CITY COUNCIL RESOLUTION NO. CUP 9349 APPEAL - WESTERN DEVELOPMENT CO. March 1, 1995 Page 2 (a) The application applies to property located on the north side of* Foothill Boulevard, between Spruce and Elm Avenues, on property zoned Community Commercial District of the Terra Vista Community Plan, and is partly improved with a 57,500 square foot building and parking area. (b) The' properties to the north and west are planned for residential development, and the properties to the east and south are vacant. (c) The design of the project, together with the conditions of approval, meets the applicable standards in the Development Code, the development standards, and the design guidelines in the Terra Vista Community Plan. (d) The condition of approval eliminating a wall sign on the west elevation of Building 1 will mitigate the nuisance problem of glare. 4. Based upon the substantial evidence presented to this Council dudng the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Terra Vista Community Plan, and the purposes of the distdct in which the site is located. (b) The proposed use, together with the conditions applicable thereto, including the condition that eliminated a wall sign from the west elevation of Building 1, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. appeal. The City Council of the City of Rancho Cucamonga hereby denies the 6. This Council hereby provides notice to Chades R. Beecher of Western/Development Company that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Cha~es R. Beecher at the address identified in City records. CITY COUNCIL RESOLUTION NO. CUP 9349 APPEAL - WESTERN DEVELOPMENT CO. March 1, 1995 Page 2 (a) The application applies to property located on the north side of Foothill Boulevard, between Spruce and Elm Avenues, on property zoned Community Commercial District of the Terra Vista Community Plan, and is partly improved with a 57,500 square foot building and parking area. (b) The properties to the north and west are planned for residential development, and the properties to the east and south are vacant. (c) The design of the project, together with the conditions of approval, meets the applicable standards in the Development Code, the development standards, and the design guidelines in the Terra Vista Community Plan. (d) The condition of approval eliminating a wall sign on the west elevation of Building I will mitigate the nuisance problem of glare. 4. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1, 2, and 3 above, this Council hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Terra Vista Community Plan, and the purposes of the distdct in which the site is located. (b) The proposed use, together with the conditions applicable thereto, including the condition that eliminated a wall sin from the west elevation of Building 1, will not be detrimental to the public health, s~?;ty, or welfare or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code and the Terra Vista Community Plan. The City Council of the City of Rancho Cucamonga hereby denies the appeal. 6. This Council hereby provides notice to Charles R. Beecher of Western/Development Company that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Charles R. Beecher at the address identffied in City records. / oB DATE: TO: FROM: SUBJECT: March 1, 1995 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City Council Jack Lam, AICP, City Manager Diane O'Neal, Management Analyst II CONSIDERATION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND THE CITY OF RANCHO CUCAMONGA REGARDING PARTICIPATION IN THE CLEAN CITIES PROGRAM RECOMMENDATION The City Council approve the attached Memorandum of Understanding (MOU) with the Southern California Association of Governments (SCAG) to participate in the Clean Cities Program and authorize Mayor to sign the MOU. Background The Southern California Association of Governments (SCAG) is a regional planning agency with a Council of Governments voluntarily established in 1965 by its member cities and counties, pursuant to the State of California joint exercise of powers. The SCAG region includes six counties, 188 cities (of which we are a member), 38,000 square miles and a population of over fifteen million people. SCAG, in addition to its local planning responsibilities, is desig. nated by the Federal Government as the Region's Metropolitan Planning Organizatmn and mandated to maintain a continuous, comprehensive, and coordinated transportation planning process resulting in a Regional Transportation Plan and a Regional Transportation Improvement Program. Analysis On May 5, 1994, SCAG's Regional Council voted to seek designation as a member of the U.S. Department of Energy's Clean Cities Program. The Clean Cities program is a voluntary Federal program designed to accelerate and expand the use of alternative fuel vehicles in urban communities and to provide refueling and maintenance facilities for their operations. SCAG's MOU March 1, 1995 Page Two The intent of SCAG's designation is to help streamline the process by which a local government receives a "Clean City" designation, providing local governments the following specific services: Coordinated distribution of information on alternative fuel vehicle purchase opportunities; Access to available State and Federal funds and grants: Greater purchasing capacity and efficiency for public and private sector fleet purchases; and Coordinated guidance and assistance to public and private sectors who wish to purchase alternative fuel vehicles and deploy other advanced transportation technologies. This MOU has been reviewed by the City Attorney and is recommended for approval. By approving the attached MOU, the City of Rancho Cucamonga will demonstrate its support for the Clean Cities effort and a copy of the MOU will be provided to the Department of Energy. ~anagement Analyst H Attachment: MOU / MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND THE CITY OF RANCHO CUCAMONGA REGARDING PARTICIPATION IN THE CLEAN CITIES PROGRAM WHEREAS, the Southern California Association of Governments (SCAG) is the designated Metropolitan Planning Organization (MPO) for the counties of Riverside, San Bemardino, Imperial, Ventura, Orange, and Los Angeles and 184 cities within these counties; and WHEREAS, the cities and counties within the jurisdiction of SCAG are also located in the South Coast Air Basin, Southeast Desert Air Basin, and the South Central Air Basin (Ventura County); and WHEREAS, the South Coast Air Basin is the only area in the nation in the "extreme" category for non- attainment based on ozone concentration; and WHEREAS, both South Central Air Basin and Southeast Desert Air Basin are in the "severe" category for non-attainment for ozone non-attainment; and WHEREAS, the respective State Implementation Plan (SIP) submittals for these air basins contain transportation control measures (TCMs) designed to improve the region's air quality and thus bdng the region into compliance with state and federal air quality standards; and WHEREAS, the TCMs contained in the SIP submittals for the three air basins promote, inter alia, the development of zero-emission vehicles (ZEVs) and alternate-fuel vehicles (AFVs); and WHEREAS, the Califomia Air Resources Board (CARB) has promulgated regulations pertaining to ZEVs and AFVs; and WHEREAS, the Energy Chapter of the SCAG Regional Comprehensive Plan (RCP)recommends implementing the development of altemative fuels, AFVs, and ZEVs; and WHEREAS, the United States Department of Energy (DOE) is committed to energy use in the transportation sector that is safer, more environmentally sound, efficient, and sustainable, and which is less dependent on foreign energy sources; and WHEREAS, the 1990 Clean Air Act Amendments, the Energy Policy Act of 1992, and Exec4ztive Order 12844 (conceming Federal use of AFVs) all establish guidelines for effecting a favorable energy and environmental situation in the transportation sector; and WHEREAS, the 1994 SCAG Regional Mbility Plan contains an Advanced Transportation Technology Strategy that includes AFVs and ZEVs and support for the Southern Califomia Economic partnership, a public/private organization, to develop early deployment plans for these Technologies; and WHEREAS, the DOE Clean Cries program serves as an umbrella to structure and achieve the goals and programs of the Energy Policy Act and to coordinate objectives of government and other federal directives such as Clean Air Act; and WHEREAS, at their regular meeting on May 5, 1991, the SCAG Regional Council approved a request to the Secretary of the U.S. Department of Energy to designate SCAG as a member of the Clean Cities Program. NOW, THEREFORE, IT IS AGREED, that the City of Rancho Cucamonga will participate in the SCAG Clean Cities Program in the interest of:. Reducing the national dependence on imported petroleum for transportation uses, as specified in the Energy Policy Act of 1992; 2. Complying with the Alternative Fuel Fleet provisions of the Federal Policy Act of 1992; o Assisting the region to comply with the Altemative Fuel Fleet provision of Title II of the Clean Air Act Amendments of 1990, the California Clean Air Act, and local Air Quality Districts regulations as SCAG region is considered to a non-attainment area; 4. Educating the public on alternative fuels and available vehicles which encourage their use; Assisting to stimulate the economic vitality of the region and California by encouraging the utilization of emerging advanceel transportation technologies; and Encouraging the development of a market ddven and sustained public alternative fuel infrastructure. The undersigned agencies and entities enter into this voluntary Memorandum of Understanding in order. To join in a coordinated effort to promote and accommodate the acquisition and use of alternative fuel vehicles, change local and state laws to facilitate alternative fuel vehicles and infrastructure, and establish necessary refueling sites and servicing facilities; To provide assistance in the collection and analysis of environmental, economic, and performance data on alternative fuel vehicle use and experience, and distribution of information regarding alternative fuels and vehicles; To work with SCAG and public/private organizations such as the Southern California Economic Partnership (STEP) to encourage engine manufacturers and alternative fuel producers to develop vehicles and infrastructure that meet local and regional needs; and To develop applications for funding or services from the state and federal governments or other appropriate sources to sustain the objectives of the program. This Memorandum of Understanding may be amended by mutual agreement between DOE and signatories or may be terminated by mutual agreement. Signatories may terminate individual participation upon a 30-day written notice. This MOU is not intended to and does not create any contractual dghts and obligations with respect to the signatories or any other parties. IN WITNESS THEREOF, this MEMORANDUM OF UNDERSTANDING AND WORK PROGRAM PLAN has been executed on the day and year first above written and shall remain in effect for a period of five years, after which the MOU becomes eligible for renewal. MARK PISANO Executive Director, SCAG WILLIAM J. ALEXANDER, Mayor City of Rancho Cucamonga Date Date /o7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: March 1, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. Alexander, Mayor ROUTE 30 UPDATE Mr. Hudgens, CalTrans, gave a brief overview of CalTrans role in the fleeway design and construction. Mr. Cohoe, CalTrans, then gave a detailed presentation on the development of the fi'eeway profiles. Mr. Cohoe covered the original proposed above grade profile and then followed with detailed explanations of the depressed profile and a "new" profile introduced at this meeting referred to as the "at-grade depressed" profile. The presentation included the relative advantages and disadvantages of the various profiles and also the cost implications involved for the various types of construction. Mr. Cohoe had a handout describing the various profiles and significant features relative to each and is attached for your information. Mr. Cohoe then proceeded to describe the geometries of each of the five on/off ramps in the City of Rancho Cucamonga. These are at Carnelian Avenue, Archibald Avenue, Haven Avenue, Milliken Avenue and future Day Creek Boulevard. City staff then gave a short presentation which acted as a backdrop for the Task Force's discussion on interchanges. The handout relative to this information is also attached. After staffs presentation, Task Force member Doris Beckher gave a short presentation with a handout relative to her work in investigating interchanges in her area. Ms. Beckner stressed the committee needs to spend time investigating interchanges and the implications thereof. After these presentations there was discussion among the committee members regarding not only the profile but also the interchanges. All are in agreement that there was a great deal of information to absorb in one meeting. The Chairman requested the committee members take time to digest this material and over the next few days prepare questions regarding this information. Questions are to be turned in to the City Engineer who will provide answers as applicable and provide this information with the agenda. This should encourage more discussion regarding these issues at the next meeting. CITY COUNCIL STAFF REPORT ROUTE 30 UPDATE March 1, 1995 Page 2 The Task Force was in agreement that these issues are extremely important and the time should be taken to fully develop the issues regarding both the profile and the interchanges. The Chairman requested staff to prepare traffic information regarding impacts on local streets if the interchanges are eliminated. The CalTrans representatives agreed to keep the profile and presentation material at City Hall for the next month. Committee Task Force members were encouraged if at all possible to review this information prior to the next meeting scheduled for March 14, 1995. The Task Force agreed the next agenda will begin with the discussion of profile and interchanges again and other items will be taken in successive order as time permits. The next meeting is scheduled for Tuesday, March 14, in the Tri-Communities Room. The group further agreed the meeting time will begin at 6:00 p.m. as this appears to allow a lot more time for discussion on these very important issues. Respectfully submitted, WI J il iam . Alexander Mayor WJA:dlw Attachments ~ 11o i INTERCHANGE CONSIDERATIONS General Plan and Circulation Element · Arterial and collector street pattern is dependent on freeway access. One mile urban design Designated interchange allow use of freeway by entire City · Interchanges allow maximum use of freeway. · Access should be equal for all areas and business community. · Shifting or removing interchanges creates impacts on other areas. Impact on local circulation and neighborhoods · Lack of interchanges causes more travel on arterial and collector streets between remaining interchanges. · Lack of sufficient interchange will cause neighborhood streets to have through traffic as motorists search for short cuts. Impacts on Service Levels at remaining interchanges · If interchanges are eliminated remaining interchanges will have "failure" level congestion on both the ramps and major City streets. · Adjacent City street intersections will also reach failure levels of service. { II //~ ROUTE 30 AD HOC TASK FORCE MEETING (January 10, 199S) February 7, 1995 SUBJECT: ON/OFF RAMPS Thank you Mayor Alexander, Raacho Cucamonga department heads, Caltrans, SANBAG representatives, and all others for your willingness to listen to the homeowners concerns and problems that will affect them as you make Route 30 Freeway plans and decisions to be presented to the council. In reading SANBAGs 'Responce to Comments from Route 30 Public Meeting; May 10, 1994', four main issues of concern dramatically stood out: 1. Elevation or Profile 2. On/OffRamps 3. Sequencing 4. Increased Crime Several months ago the council saw ~t to approve a resolution for a completely depressed profile. Vd like to thank council for their responce and proactive approach to the residems concerns. Because the council has already approved the resolution for a completely depressed freeway, in the interest of time, it may be best for this Ad Hoc committee to focus only on the depressed profile. There remains three other major issues of concern expressed by residents attending the May 10, meeting. · On/Off ramp · Sequencing · Crime? Over the past several months, I have gathered the following information by personally walking the area outlined in red on the attached maps, speaking to the residems, and reading SANBAG's ~tesponce to Comments' publication. I would ask that you please consider the details of my research carefully. It is my humble opinion that this information vehicular acce, s to schools, homes, and businesses to be bracketed between the proposed Archibald and Haven On/Off rarnps. I understand that the On/Off Ramp subject is just one aspect of overall freeway planrang and the possible problems to those living and doing business in the area east of Archibald and west of Haven are issues representative of only one neighborhood. However, at my age, I am not capable of conducting the same research in all the areas in our city that will be impacted. Perhaps the 'micro view' can help serve to enhance the 'Big Picture'. Please refer at the artached fact sheet. Notice how many homes, townhouses, and apartments are in this small area; it contains lots of people. Maybe we should consider some things besides genmg on and off the freeway. Most households have 2 cars these days, that's 9SS dwellings using conservatively 1,910 can with only one way in and out of their respective neighborhoods. Carefully examine the drawings showing details of how on/off ramps will connect to surface streets. Qpestions: Will there be a frontage road between the freeway and the area outlined on the map? Will these neighborhoods have emrances to the fromage road7 W'dl the frontage road provide for 2-way or only 1-way traffic? Will the Haven Ave. on/off ramps connect directly to Haven or use 19th as an access road? Are there plans to install any traffic lights in the I mile area of 19th between Archibald and Haven? (Currently posted 45mph/actual average 50+mph) What provisions are planned for tra~c control on 19th street? Notice the number of schools in or adjacent to this area:, families with children live in neighborhoods with schools close by. There are currently 4 sehoob with 2,e~O0 students enrolled. There are lots o/k/&, approximate ages 5 - 15, walking to and from schools and parks every weekday morning, lunchtime, and afternoon. Pedestrians presently crossing 19th street face a 45mph (posted) four lane highway, using 2 unsignaled crosswalks and 2 pan time crossing guards in the I mile area between archibald and Haven. I have spoken to these crossing guards: One that used to work at ( at 19th & Hermosa) had been hit by can twice, and had many near misses; the other ( at 19th & Cartilia) said he has also had many near misses and considered quitting due to concern for his safety. Q,esfions: Wifl crossing signals be instnl[ed ac corners where children re~ulaxly cross [gth stre~ for schoo[~ (Ramona, Hermosa, Carfilla) Will there be crossing guards on duty? Will heavy. trucks be using 19th street during construction? Will any Freeway arteries be posted as school zones during peak traffic houts? According to the SCAG Baseline Population Forecast ( refer to SANBAG'S 'Responce to Comments' Page 15 ), Rancho Cucamonga's population will grow ! 17.5% by the year 2010 This committees recommendations could effect whether or not out city continues to be considered a clesirahle place to live and work for that future population. It is my hope that the Ad Hoc committee will sharply focus on each on/off ramp as a critical part of the overall fi'eeway package. Our recommendations to the council regarding the 'fine details' need to be treated with the same priority as the issues them gives. I am cominuing to gather information for this committee as I am able and will be happy to offer some assistance to anyone wishing to study other impaled areas. Thank You, Dods M. Beckner One Semor Citizen at Large FACT SHEET SUBJECT: Haven and Archibald On/OffRamps Distance Between: 1 Mile Dwellings: Main Area Wedge area Barassa Aparmaents Loma Vista Woods = 623 -- 166 = 66 = 100 Total Dwellings = 955 Appro~dmate Total Cars 1,910 Schools: Vineyard Middle School Deer Canyon Elementary Brethren in Christ School Highland Christian School Total Students Enrolled = 931 = 1019 = 300 /}7 La kofarzess tO getaways may help city CRIME: Blink Lkw~y fnxn rn~w,,ys ,,rid e,nphHsl, on ~JmnmniW in~ ~ m~g ~e f~m c~lted r~ Hun~nW's ~l~vo ~ety. HUN~NGTON rely ~ ~u~ mv~ve mlst th~lb ~ Y' Ch:ef R~ ~wm~ ~ mmum~ I~. A new was Ame~'s p&lt reo~l ih~nl that :gO,~ ~idcntl of 0&ely eL'vine ILVIONGSANCfflD vioke~t cr,~wt to piece-Nile mmm. 2, G~e & HMM ? 67 4. Viqmk ~. VA ? 67 ~. i~. ~ g 11 ~,~M~ 14~ S4. ~e. ~ 21.J] 19. m ~rame rite alenil cruel with lO0,Y(~ or more ml- I ,,y comaultra. The ~ CJ~ C~me R~ji. ca~. ~~mer.~ 1 ~lam ~tr~t and a ",Km/" fltily ~ a c IXt~ ~t~e a Mc~d's ~l~t. ComP~tim hie ~ t~ m am ~l the ~y ~m of of dJ~ ;H b~tlity du~l a F~h or Jdy ~ ~ ~. m~e pareraM t~ Ygi ~ la~k a ~vd-ri~ "lt'l ~ f~ m i I; ~ am m in~lptmn d~ belt~ i by ~ty ~ royeLM," / N~ ~, m write a d~ crim~mmn~mp~,.,~nm~' ~ ~ ~ ~ ~e i~ ~luN the [mwl~ II ~ ~ iwl , Huntington named safest city C;RIMI: The prrmoonenmelt canes In a new nadeed crimHtatlustlm bode RESPONSE TO COMMENTS FROM ROUTE 30 PUBLIC, MEEflNG MAY 10, 1994 June8. 1994 ! I /~/ DATE: TO: FROM: BY: SUBJECT: March 1, 1995 CITY OF RANCHO CUCAMONGA STAFF REPORT Mayor and Members of the City CouncilS, ~.,.~ MAYOR PRO TEM REX GUTIERREZ'AN D COUNCILMEMBER PAUL BIANE, AS MEMBERS OF THE CABLE SUBCOMMITTEE SUSAN MICKEY, MANAGEMENT ANALYST I CONSIDERATION TO IMPLEMENT THE GOVERNMENTAL PORTION OF THE PEG ACCESS CHANNEL RECOMMENDATION It is recommended that the City Council consider implementing Phase One of the governmental portion of the PEG Access channel. BACKG RO UND/ANALYSI S The City's cable ~'anchise agreement allows for the implementation of a PEG Access channel(s) (Section 6.3) and Marks CableVision has provided Channel 3 for that use by the City. At the request of the Cable Subcommittee (Gutierrez and Blanc), staff has researched the development of the governmental portion of PEG Access. Because there are no funds available to maintain and operate large-scale governmental access programming, it is recommended that the Council consider a "phase-in" plan. It is recommended that Phase One be implemented for a minimum of six months prior to considering expansion of the program. This will allow time to evaluate the impact of the program on staff time. Staff recommends starting on a limited scale and then, in the future, if funding allows and the Council chooses, expanding to include a larger format. Currently, the City's PEG access fund amounts to approximately $160,000. Since the funds are restricted to 0nly capital expenditures, and cannot be used for maintenance and operation, a conservative approach is recommended. A phased-in plan for developing the City's program would accommodate the uncertainties in the budget while still utilizing the PEG channel to benefit the community. With the implementation of any of the phases, policies will have to be developed for the use of the governmental channel. The following is a description of the various phases the Council might want to consider: j PHASE ONE: Broadcast of a bulletin board or community calendar for items of import or interest to the residents. This would require the purchase of a character generator that would cost approximately $1,500 - $5,000, depending on the system purchased. In order for the equipment to be kept and used directly from City Hall, a return link from City Hall to the cable company's head end will have to be installed. Marks CableVision is required to install this remm link per the franchise agreement. Representatives fi'om Marks have said that they anticipate 45 days to complete the line. It is expected that staff time would be minimal with such a program and could be handled with current staffing. PHASE TWO: Broadcast of special interest tapes to the community. IE. Public safety. League of California Cities tapes. etc. This phase will require a greater amount of staff time and more equipment needs, so it is recommended that we delay implementation of this Phase until we evaluate the impact Phase One is having on operational costs. Equipment expenditures for this phase could be as simple as purchasing a single tape deck. A commercial grade tape deck would run approximately $1,500 - $3,000. Mother option would be for the City to invest in a computerized playback system that could be programmed to run and renm tapes. The City of Chino has such a system with five tape decks that allows them to run five tapes per interval. This system would cost approximately $20,000 - $25,000. With the introduction of more sophisticated equipment comes the likelihood of generating more expense for repair and upkeep of the equipment and for staff to manage and troubleshoot the equipment. PHASE THREE: Broadcast - either live or taped delay - of the City's meetings. Depending on the format used, this would require more expense, not only in terms of equipment, but in personnel, etc. There are various levels' of this phase that can be implemented. For example, a "bare bones" program can be introduced where the current in-house closed circuit camera is replaced with a fixed commercial grade camera (cost is approximately $2,000) and the Council meeting is either taped or broadcast live. Another example of a "bare bones" program is to have a cable company film the meeting with a single camera. Comcast provides this service to the cities of Ontario and Upland as part of the franchise agreement. However, Comcast does not pay any PEG Access support to either city. Although these methods are less sophisticated, the Council may want to consider them as more cost-effective methods of televising Council meetings. Even with such modest programs, staff anticipates an impact on staff time and resources. Another option is to have students from Chaffey College do the filming under supervision of their instructors. In exchange, the City could provide Chaffey with some telecommunications equipment. This is an allowable expense by the franchise agreement of our PEG access monies. There would be considerable staff time involved in coordinating such a program. Representatives from Chaffey College have expressed an interest in "sharing" the PEG Access Channel at a future date. This will be another option for the Conncil to consider in the future. PHASE FOUR: Live broadcasts of City meetings. as well as original programming. originating from City Hall and managed by City staff. This would require modifying the Council Chambers (lighting, etc.) to accommodate filming. There is also the need for equipment to film, edit, mix and broadcast such programs. Technical staff would need to be hired to manage the program. Currently, the City of Chino has such a program. Chino's budget is $155,000 per year and requires two full- time staff members. This cost does not reflect equipment costs. The City of Brea offers a similar program on a more limited basis. Brea's audio-visual budget is $100,000 and includes one full-time and two pan-time staff. This figure does not include secretarial support staff. Obviously, this option will have to be delayed until funding for maintenance and operation of such a system becomes available. Due to the uncertainties regarding telecommunication legislation, the City must keep in mind the possibility that the federal government may eliminate PEG Access support monies and/or franchise fees. Any PEG Access program, as well as the general fund budget, will be drastically affected by such action.