Loading...
HomeMy WebLinkAbout1998/09/16 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. September 16, 1998 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Diane Williams, Mayor Pro Tern Paul Biane, Councilmember James V. Curatalo, Councilmember Bob Dutton, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 477-2700 City Council Agenda September 16, 1998 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane Curatalo , Dutton__ and Williams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of a Proclamation recognizing September 17 - 23, 1998 as "Constitution Week." Presentation of Proclamations commending the Alta Loma Little League on its District Championship Victory and Vineyard Little League on its District and Sectional Championship. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-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. 1. Approval of Minutes: August 19, 1998 Approval of Warrants, Register Nos. 8/26/98 and 9/2/98 and Payroll ending 8/20/98 for the total amount of $2,247,020.14. Approval to receive and file current Investment Schedule as of July 31, 1998 and August 31, 1998. Alcoholic Beverage Application for On-Sale General for Deane's, Martha Ann & Stanley Charles Creech, 8108 San Bernardino Road. 10 2O City Council Agenda September 16, 1998 11. Alcoholic Beverage Application for On-Sale General for Compass Creek Restaurant & Brewery, Compass Entertainment Group, Inc., 11837 Foothill Boulevard. Alcoholic Beverage Application for Off-Sale Beer and Wine for Texaco, Equilon Enterprises, LLC, 11108 Foothill Blvd. Alcoholic Beverage Application for On-Sale Beer and Wine for Barbee's Pizza, John J. Barbee, 7251 Haven Ave., #A.. Approval to advertise for bids for the Library Expansion Project to be funded from the Park Development Fund Account No. 20-4532- 9842. RESOLUTION NO. 98-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING PLANS AND SPECIFICATIONS FOR THE RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT IN SAID CITY, AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval of Sheriff's Fiscal Year 1998/99 Schedule "A." Approval to appropriate $92,313.00 awarded by the United States Department of Justice Local Law Enforcement Block Grants Program. Approval of request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcoholic Beverage Control License (Off-Sale General) for a supermarket located at the northwest corner of Foothill Boulevard and Vineyard Avenue - APN: 207-102-03, 05, 08, 09, 15, 20, 21, and 49. RESOLUTION NO. 98-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE (OFF-SALE GENERAL) FORA SUPERMARKET, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE -APN: 207-102-03, 05, 08, 09, 15, 20, 21, AND 49 22 24 26 28 29 33 38 39 44 City Council Agenda September 16, 1998 12. 13. Approval of request to make a determination of Public Convenience or Necessity (PCN) for the issuance of a Type 48, On-Site General Liquor License for a bar and a cigar lounge within the Virginia Dare Business Center, located at 8034 Haven Avenue, Suite B - APN: 1077-661-02. RESOLUTION NO. 98-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ISSUANCE OF A TYPE 48, ON-SITE GENERAL LIQUOR LICENSE FOR A BAR AND A CIGAR LOUNGE WITHIN THE VIRGINIA DARE BUSINESS CENTER, LOCATED AT 8034 HAVEN AVENUE, SUITE B - APN: 1077-661-02 Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification project, and the Don Tapia Trailhead Facility. RESOLUTION NO. 98-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDERTHE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK RAILWAY STATION BEAUTIFICATION PROJECT RESOLUTION NO. 98-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA DON TAPIA TRAILHEAD FACILITY 46 51 ,53 56 57 City Council Agenda September 16, 1998 14. 15. Approval of an Amendment to the Drainage Reimbursement Agreement - 030 with the Rancho Cucamonga Redevelopment Agency, to consider Annual Deferment of Payment. RESOLUTION NO. 98-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE DRAINAGE REIMBURSEMENT AGREEMENT - 030 WITH THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, TO CONSIDER ANNUAL DEFERMENT OF PAYMENT Approval of Amended Maps, Summary Vacation of Golden Oak Road, Brook Drive, Sixth Street, Storm Drain and Landscape Easements, disposition by Quitclaims Lots 1 and B, and the De- annexation of Work Program areas from Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tracts 15727-1, 15727-2 and 15727-3, located at the intersection of Fourth Street and Cucamonga Creek Flood Control Channel, bordered by Sixth Street on the north, submitted by Cornerpointe 85 and 257, LLC RESOLUTION NO. 98-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDED TRACT MAPS NUMBER 15727-1,15727-2 AND 15727-3 RESOLUTION NO. 98-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES FOR GOLDEN OAK ROAD, BROOK DRIVE AND SIXTH STREET LOCATED WITHIN AMENDED TRACTS 15727-1, 15727-2 AND 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH 58 60 61 64 65 City Council Agenda September 16, 1998 RESOLUTION NO. 98-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TRACT 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH RESOLUTION NO. 98-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TENTATIVE TRACT 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH RESOLUTION NO. 98-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EASEMENTS FOR LANDSCAPE MAINTENANCE PURPOSES LOCATED WITHIN AMENDED TENTATIVE TRACT 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH RESOLUTION NO. 98-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING THE CITY ENGINEER TO SIGN THE QUITCLAIM DEED AND TO PRESENT SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD 78 83 91 138 City Council Agenda September 16, 1998 6 16. 17. 18. 19. RESOLUTION NO. 98-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DE- ANNEXATION OF CERTAIN TERRITORY FROM THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR AMENDED TRACT MAPS NUMBER 15727-1, 15727-2 AND 15727-3 Approval to award and authorization for execution of Contract (CO98-053) for the Traffic Signal and Safety Lighting at the intersection of Arrow Route and Baker Avenue, in the amount of $104,650.00 ($91,000.00 plus15% contingency) to be funded from Transportation Systems Development Fund, Account No. 22-4637- 9514. Approval to award contract to Pageantry Productions (CO98-054) for services for the 1998 Founder's Day Parade in the amount of $7,558.11. Approval of Improvement Agreement Extension for Parcel Map 12854, located on the west side of East Avenue, between Catalpa and Victoria Streets, submitted by Style Homes Company, L.P. RESOLUTION NO. 98-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENTS SECURITY FOR PARCEL MAP 12854 Approval of Improvement Agreement Extension for Tract 14644, located on Camellia Court, north of Hillside and east of Beryl, submitted by Jorge Garcia RESOLUTION NO. 98-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14644 148 151 154 157 159 160 162 City Council Agenda September 16, 1998 7 20. 21. Approval of Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Parcel Map 15029, located on the east side of Center Avenue, north of Foothill Boulevard Release: Faith~lPerformance Bond $253,400.00 #P2679881 Accept: Maintenance Bond $ 25,340.00 #P2679881 RESOLUTION NO. 98-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING THE FAITHFUL PERFORMANCE BOND AND ACCEPTING A MAINTENANCE BOND FOR PARCEL MAP 15029, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for Tract 14072, located at the southwest corner of Highland Avenue and Jasper Street, submitted by Divemified Pacific Homes, LTD. RESOLUTION NO. 98-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14072, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 163 165 166 168 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. City Council Agenda September 16, 1998 8 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - The appeal of a Planning Commission decision to approve a design review of the detailed Site Plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621-01 through 35. RESOLUTION NO. 98-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION APPROVING DEVELOPMENT REVIEW 98-13 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORTTHEREOF-APN: 1074- 511-27 TO 31 AND 1074-621-1 TO 35 RESOLUTION NO. 98-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY TO DEVELOPMENT REVIEW 98-13 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1074-511-27 TO 31 AND 1074-621-1 TO 35 169 261 263 City Council Agenda September 16, 1998 9 G. PUBLIC HEARINGS The following requirements. testimony. items have no legal publication or posting The Chair will open the meeting to receive public No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS 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. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1. Lions West Community Center 2. Rancho Cucamonga Senior Center 3. R.C. Family Sports Center 4. Rancho Cucamonga Public Library 5. Stadium 6. Civic Center 7. Spruce Avenue Park Skate Facility 8. Victoria Groves 9. Coyote Canyon Park 10. Red Hill Park 11. Heritage Park 12. Lions Parks 13. Spruce Avenue Park 14. Etiwanda Creek Park 15. All Park Facilities A. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. Rancho Cucamonga Family Sports Center 6. Adult Sports 7. Lions East and West Celebration 265 City Council Agenda September 16, 1998 10 8. Facilities 9. The Grapevine 10. Contract Classes 11. Community Wide Special Events 12. Park Facility Reservation Signs 13. Proposed Boxing Program 14. Senior Transportation Program 15. Trips and Tours 16. Human Services 17. Park and Recreation Commission 18. Epicenter J. IDENTIFICATION OF ITEMS FOR NEXT 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 THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT 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 September 10, 1998, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. August19,1998 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Re.qular Meeting A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, August 19, 1998, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry Fulwood, Deputy City Manager; Linda Daniels, RDA Director; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Michelle Dawson, Management Analyst II; Bill Makshanoff, Building Official; Paula Pachon, Management Analyst II; Nettie Nielsen, Recreation Supervisor; Deborah Clark, Library Director; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jennifer Haruyama, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Marty Higgins, Disaster Preparedness Manager; Jana Ellis, Disaster Preparedness Specialist; Captain Rodney Hoops, Rancho Cucamonga Police Department; and Debra J. Adams, Assistant Secretary. B. ANNOUNCEMENTS/PRESENTATIONS B 1. Presentation ofthe"Best of the Valley" Awards by Mike Ferguson to the City of Rancho Cucamonga. Emily Billings, Promotion Director of the Inland Valley Daily Bulletin, presented various awards to the Council because of a poll that was taken from their readers. A list of these awards is on file in the City Clerk's office. B2. Daily Bulletin All Star Sponsorship "Thank You" Presentation by Mike Ferguson to the City of Rancho Cucamonga. Mike Ferguson, publisher of the Inland Valley Daily Bulletin presented the Council with baseball caps and tee-shirts to thank them for their support of the High School All Star Baseball Game. He stated he really appreciated everything the City has done to assist with this and also thanked City staff for their assistance. B3. Presentation to Hockey West for donation of hockey equipment to the City of Rancho Cucamonga. Proclamation to be presented at the 9/2/98 Council meeting. Ci~ Council Minutes August19,1998 Page 2 B4. Presentation of a Proclamation commending community volunteers, agencies and businesses for their assistance during a power outage which affected 500 homes. A Proclamation was presented to those that assisted with the power outage. Cheryl Karns and Mr. Hernandez with Edison Company, also thanked these people for their assistance with the outage. C. COMMUNICATIONS FROM THE PUBLIC C1. Cheryl Karnes, Edison Company, stated she wanted to inform the Council that they supported item D13 on the Consent Calendar. She continued to compliment staff for their work on this matter. C2. Rex Gutierrez, 11021 Carlow Court, stated he also supports the efforts of staff. He presented a list to the City Clerk with various items that needed the City's attention. Councilmember Williams stated some of these items have already been addressed and wanted to make sure this was known. Mayor Alexander stated any time the public has a problem they can call into City Hall at 477-2700. D. CONSENT CALENDAR D1. Approval of Minutes: June 17,1998 July 1,1998 July 6,1998 July 15,1998 (Alexander absent) D2. Approval of Warrants, Register Nos. 7/29/98 (97/98), 7/29/98 (98/99), 8/5/98 (97/98), and 8/5/98 (98/99) and Payroll ending 8/6/98 for the total amount of $2,930,346.16. D3. Alcoholic Beverage Application for Off-Sale Beer and Wine for The Wild Grape, Nancy Kathleen Belletto and Mary Magdalena Heredia, 8916 Foothill Blvd., Suite D. D4. Alcoholic Beverage Application for Off-Sale General for Arrow & Grove Market Liquor, Jamil and Jamila Samouh, 8114 Arrow Highway. D5. Approval to enter into an Attachment Permit Agreement between the City of Rancho Cucamonga and Metricom, Incorporated. D6. Approval of a Resolution authorizing the Department of General Services of the State of California to purchase vehicle for the Senior Transportation Program in the amount of $46,692.61 to be funded from Account No. 01-4532-7045. City Council Minutes August 19, 1998 Page 3 RESOLUTION NO. 98-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE ONE 15- PASSENGER, PARATRANSIT BUS ON BEHALF OF THE CITY OF RANCHO CUCAMONGA D7. Approval to vacate the southerly 2-feet of the easement fronting Youngs Canyon Road from west of Koch Place to the westerly boundary of Tract 13566-2 - TMP Homes APN: 226-321-01. RESOLUTION NO. 98-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF THE EASEMENT FRONTING YOUNGS CANYON ROAD WEST OF CHERRY AVENUE - APN: 226-321-01 D8. Approval of a Resolution adopting the five-year capital improvement program for Fiscal 1998/99 through 2002/03 and twenty-year transportation plan beginning in Fiscal Year 1998/99, as required for Measure I funds, and approval of a Resolution amending the five-year capital improvement program for Fiscal Year 1997/98 through 2001/02. RESOLUTION NO. 98-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1998/99 THROUGH 2002/03 AND TWENTY-YEAR TRANSPORTATION PLAN BEGINNING IN FISCAL YEAR 1998/99 FOR THE EXPENDITURE OF MEASURE I FUNDS RESOLUTION NO. 98-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 1997/98 THROUGH 2001/02 D9. Approval of Map, Improvement Agreement, Improvement Securities and Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract Map. No. 12659, located south of Wilson Avenue, east of Hanley Avenue, submitted by Centex Homes, a Nevada General Partnership. RESOLUTION NO. 98-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 12659 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES City Council Minutes August 19, 1998 Page 4 RESOLUTION NO. 98-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT 12659 D10. Approval of Drug Abuse Resistance Education (D.A.R.E.) Memorandum of Understanding (CO98- 044) for Fiscal Year 1998-99. Dll. Approval of Agreement (CO98-045) with Rancho Cucamonga Family YMCA to implement and deliver a Senior Transportation Program. D12. Approval of Contract (CO98-046) with the San Bernardino County Superintendent of Schools for classroom usage at the Mulberry Early Learning Center in the amount of $1 for rent annually, not to exceed $200/month for the months of September 1998 through June 1999, to be funded from Account 13-4563- 6028-4224. ITEM REMOVED FOR DISCUSSION BY COUNCILMEMBER WILLIAMS, D13. Approval of Agreements (CO98-047) (CO98-048) to join the State of California Department of General Services Electric Procurement Program for Public Agencies. D 14. Approval to appropriate $175,000 from Fund 32-Measure I (Account No. 32-4637-9615), award and authorization for execution of contract (CO98-049) for Archibald Avenue and Fourth Street corner widening, located at the northeast corner of Archibald Avenue and Fourth Street, in the amount of $245,093.00 ($222,812.00 plus 10% contingency) to be funded from Measure I funds, Account No. 32-4637-9615. D 15. Approval of release of Maintenance Bond in the amount of $12,324.50 for CUP 95-39, located on the south side of Arrow Route, east of Interstate 15. D16. Approval to accept Improvements, Release the Faithful Performance Bond and file a Notice of Completion for DR 96-32, CUP 93-49 and CUP 96-21, located on Church Street and the intersections of Spruce and Elms Avenues and Rochester Avenue and Chervil Street. RESOLUTION NO. 98-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR DR 96- 32, CUP 93-49 AND CUP 96-21, LOCATED ON CHURCH STREET AND THE INTERSECTIONS OF SPRUCE AND ELM AVENUES AND ROCHESTER AVENUE AND CHERVIL STREET, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar with the exception of item D12. Motion carried unanimously, 5-0. Discussion of item D12: Approval of Contract (CO98-046) with the San Bernardino County Superintendent of Schools for classroom usage at the Mulberry Early Learning Center in the amount of $1 for rent annually, not to exceed $2001month for the months of September 1998 through June '1999, to be funded from Account 13-4563-6028-4224. City Council Minutes August 19, 1998 Page 5 Councilmember Williams stated she would be abstaining from item 12 and felt there should be a separate vote on it. MOTION: Moved by Alexander, seconded by Biane to approve item D 12. Motion carried 4-0-0-1 (Williams abstained). E. CONSENT ORDINANCES El. CONSIDERATION TO AMEND TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1 - LEWIS HOMES DEVELOPMENT COMPANY - a request to amend provisions for park credit for private open space in the Terre Vista Planned Community. E1 and E2. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 591 and 558B. ORDINANCE NO. 591 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO TERRA VISTA PARK DEVELOPMENT AGREEMENT NO. 1, AS SUPPLEMENTED E2. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER'S FEES ORDINANCE NO. 558B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER FEES MOTION: Moved by Williams, seconded by Curatalo to waive full reading and approve Ordinance Nos. 591 and 558B. Motion carried unanimously, 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF PUBLIC NEED AND NECESSITY IN GRANTING A TAXI CAB SERVICE PERMIT TO BELL CAB COMPANY ~SAN GABRIEL TRANSIT) (Continued from August 5, 1998) Staff report by Duane Baker, Assistant to the City Manager. Mayor Alexander wanted to make sure the rules and standards for any cab company doing business in the City is the same. Duane Baker, Assistant to the City Manager, stated everything is the same for all cab companies. City Council Minutes August 19, 1998 Page 6 Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Scott Schaefer, Bell Cab Company, stated the drivers are undergoing CPR training and safety driving training. He told about various programs they offer to reduce the cab fare. Councilmember Biane inquired which cities Bell Cab currently serves. Scott Schaefer, Bell Cab Company, read a list of cities which included most of the Inland Empire area. Rusty Deton, Bell Cab Company, presented information about the car seats they have available. She also distributed a pink handout for the Council's information. She also presented information about the rates they offer seniors. Gary Bemis, 9065 Foothill Blvd., felt it was important to be able to provide transportation to the seniors of this community. He felt that service has fallen short. He felt the residents should have the freedom to choose which cab company they want to use. Toni Rhodes, Arrow Route, stated she agreed with Gary Bemis and felt the City does need additional service. She felt wheelchair accessible cabs was very important also. She felt the residents should have a choice. Brian Hunt, Yellow Cab, stated he did not think Bell Cab would do any better than his company is doing. He stated he has given "on time" reports to Duane Baker and felt Bell Cab should also be required to do this. He felt the City could try it and check on their performance periodically. He stated they would continue to give the best service possible. Scott Schaefer, Bell Cab Company, thanked Mr. Hunt for his comments. There being no further public input, the public hearing was closed. Councilmember Curatalo felt competition was good for business and stated he was in favor of granting the application. Councilmember Dutton inquired if there was a fee involved. James Markman, City Attorney, stated only the cost was to process the application. Councilmember Dutton stated he agreed with Councilmember Curatalo and felt there was room for two cab companies. Councilmember Williams stated she concurred. She felt that cab companies 3 and 4 would also come along wanting permits. Councilmember Biane stated he still has reservations, but felt that since they are already servicing so many surrounding cities it might be confusing to the customers if they are not allowed in Rancho Cucamonga. He felt it should be given a try but to monitor how it works. Mayor Alexander stated he had wanted to hold off on the application the last time this came before the Council until the airport was almost completed. He stated now that the airport is almost open he is willing to try this out. He stated if they don't perform, their permit can be pulled. City Council Minutes August 19, 1998 Page 7 MOTION: Moved by Curatalo, seconded by Williams to direct staff to prepare a Resolution to support the approval of granting the application to Bell Cab Company. Motion carried unanimously, 5-0. No items submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF REQUEST FROM RANCHO CUCAMONGA PROFESSIONAL FIRE FIGHTERS ASSOCIATION FOR CITY TO CO-SPONSOR CELEBRITY CHARITY SOFTBALL GAME ON OCTOBER 4, 1998. ATTHE EPICENTER STADIUM AND TO WAIVE ASSOCIATED FEES AND CHARGES Staff report by Jerry Fulwood, Deputy City Manager, and Paula Pachon, Management Analyst II. Addressing the City council was Sam Spagnolo from the Fire Fighters Association who stated by the City helping them out it would put more money back into the community. Councilmember Curatalo thanked Mr. Spagnolo for the great job the fire fighters do for the community. MOTION: Moved by Dutton, seconded by Curatalo to approve option 1 to co-sponsor the event. Motion carried unanimously, 5-0. H2. DISCUSSION OF FILLING PLANNING COMMISSION VACANCIES Staff report presented by Diane O'Neal, Assistant to the City Manager. Mayor Alexander felt all of the applications both current and those recently expressing interest should be considered. Councilmember Williams asked if there was a legal process that had to be followed for this. James Markman, City Attorney, stated only the 10 day notice announcing the vacancy, but that the Council could do whatever they want to for the interview process. Councilmember Dutton suggested they immediately fill the one position because of only two years left on the term and then go out for advertising for the other position. Councilmember Williams felt the six people that called should be sent an application and then they also be considered along with the existing applications already on file. MOTION: Moved by Williams, seconded by Dutton to allow the six people expressing interest to submit applications and they be considered with the already existing applications. Motion carried unanimously, 5-0. Jack Lam, City Manager, asked if the Council would like to have interviews with the full Council. City Council Minutes August 19, 1998 Page 8 Mayor Alexander and Councilmember Dutton, the Planning Commission/Historic Preservation Subcommittee, stated they will review the applications and make a recommendation for the entire Council to interview. The Council concurred with this process. H3. CONSIDERATION OF DESIGNATING AVOTING REPRESENTATIVE AND AN ALTERNATE FOR THE LEAGUE OF CITIES ANNUAL MEETING Staff report presented by Jack Lam, City Manager. The Council concurred that Mayor Alexander would be the voting delegate and Dutton would be the alternate. I. COUNCIL BUSINESS I1. DISCUSSION OF BILLBOARD POLICY Staff report presented by Bill Makshanoff, Building Official. Councilmember Curatalo stated he would like to know the owner of the billboard and the property owner. Bill Makshanoff, Building Official, stated he could provide this information to the sign subcommittee. Councilmember Biane stated he did not care who the owner was, that this should not matter. Councilmember Williams stated she agreed with Councilmember Biane and felt the billboards should be eliminated. Councilmember Dutton stated he also agreed. Councilmember Williams wanted to make sure the billboards are not along the freeway corridor. Bill Makshanoff, Building Official stated they will not be permitted along the freeway corridor. ACTION: The Council concurred that the sign subcommittee would review this matter further. 12. DISCUSSION ON CREATING A YOUTH ADVISORY GROUP (oral report) Councilmember Dutton felt it would be a good idea to form a youth advisory committee. He felt the membership should include representation from the YMCA, YWCA, churches, schools, etc., and felt this should fall under the Park and Recreation Commission. He suggested they set up this committee and create a mission statement for them. Councilmember Williams felt the Park and Recreation Commission should study this and bring their recommendation back to the entire Council. Mayor Alexander felt Councilmember Dutton should talkto the Park and Recreation Commission personally. Councilmember Williams felt the Park and Recreation Commission should study this and decide if a committee should be formed or not. City Council Minutes August 19, 1998 Page 9 The Council concurred. 13. PARK AND RECREATION FACILITIES UPDATE A. PARKS & FACILITIES UPDATE 1. Lions West Community Center 2. Lions East Community Center 3. Rancho Cucamonga Senior Center 4. R.C. Family Sports Center 5. Rancho Cucamonga Public Library 6. Stadium 7. Spruce Avenue Park Skate Facility 8. Victoria Groves 9. Coyote Canyon Park 10. Red Hill Park 11. Lions Park 12. Spruce Avenue Park 13. Etiwanda Creek Park 14. Beryl Parks 15. All Park Facilities B. COMMUNITY SERVICES UPDATE 1. Seniors 2. Teens 3. Youth Activities 4. Youth Sports 5. American Youth Soccer Organization World Games 6. R.C. Family Sports Center 7. Lions East and West Celebration 8. Facilities 9. The Grapevine 10. Community Wide Special Events 11. Park Facility Reservations 12. Trips and Tours 13. Human Services 14. Proposed Boxing Program 15. Senior Van Transportation 16. Vietnam Memorial Moving Wall 17. Park and Recreation Commission 18. Epicenter 19. Quakes Mayor Alexander asked if anyone had any questions. Councilmember Biane asked with the completion of Lions West soon to happen, has anything been done on the naming of the rooms. He added this had been discussed before and they were going to try to do something a little bit different. City Council Minutes August 19, 1998 Page 10 Brad Buller, City Planner, stated nothing has been done as of this time. Councilmember Williams commented on the Sr. Van item stating the Council got to see the van tonight and how wonderful and exciting this is. ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Brian Brock, 6780 Teak Way, reported on a citation he had received stating his vehicle had been towed because of Municipal Code Section 10-33.140, Section A. He did not feel this should have occurred, and wanted the Council to discuss this matter at the next meeting. Mayor Alexander felt the Public Safety Subcommittee should look at this matter first. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to adjourn to executive session to discuss property negotiations per Government Code Section 54956.8 for property located at Rochester, between Foothill Boulevard and Arrow Route; Jerry Fulwood, Deputy City Manager, Negotiating Party, regarding Terms of Agreement. Motion carried unanimously, 5-0. The meeting adjourned at 8:42 p.m. No action was taken in executive session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: llll i tl 'l'- I IJ I iJ[ I g C~ Z ~- I ~0 C]~O 'r-~ z-~ I II I II ! ! II I II ! II ! II ! II I II '~ I I II I II I II I II · . I II e~ I II 4: I II ~. I II ! I , II II- II D" I ,4; II ". ! II ~ ! .11 ~ I I~ II '~ I I~ II O' I '~ II 0 I '~' ii I II ,- I II tu I II I'- I II { I II 13 I II I II Z I II ~ I II I~ II I~'11 ! II I ~11 I II ! II ! II I II I i II I II ! II I II I II II II I II I II I II I II I I II ! II I1 II I~. II INII I1~ II II ! II II II ! II II II ! # ! ! II ! 14 I II ! I H I II II II I II I II ! ! II I II ! II I II I II I II I II I II I II I II I II I II II ! II ! II ! H I I1~ II 11'11 ! II ! I1 I1~11 loft I~11 I ~' II I I.U II I ~ II I II 00~00~000 ~0~000~00 V V v V V v v V v LU Z m Z ~ Z ~ ~ ~ ZU ~ ~ uZ~ OZ ~Z~ .~N~ 00~ Z~Z -~W m Z ~Z~ ~0 ~n.' I 04~0 zt,-~ 1.-- n~ k~ tr] IJJ =J >. I # I I I I I I I I I I I I I # I ~1 I I I I I I I I · . I ~1 I I I ~1.1 ~1~1 ~131 I I · 1 I I I ZI I ~1 I IZl ! I I~1 I~1 I I # I ! I I I I I I I I I I I I I I I I I I I I I I~1 I~1 IFI I~1 I~1 IUI I ~1 I I I £1 I ~1 I ~1 I ~1 I I I I I I l I I I I I I I I I ! I I I I I I I I I I I I I I I ! I I I I I I I I I I I I£1 I~1 I I I Itl I~1 IZl I~1 ~0~0~0000~0000~0~000~00~00~00 ~0~0~0~0~0~0~0000~00~000~~0 J ~Z~ O~OZ ~Z Z 0 d 7 I [ I I I l I I I I I I I I . H I ~ II ~1-~ I ..I I I 12# I I I II # # U l~l I~# I I I ! # I I I I I I I # I I I I # l I n I # I n I n I ! I # ! I I I # I u I I I # I(# IZn I I # I EII I U ~ ~0~0~00~ ~0~0~000~00~0~~0 ~00~0~00~ ~ ~00~0~~ ~000~00~~0~~0 ~00~~0~ Z Z ~ Z Z 0 ~m z ~ zm~ ~m m ~ 0 ~U ~ 0 ~ O0 O~ O0 m~ . m o~ .3 w ~ m ~ ~Z U~Z~OZ~ ~ OZWZZZ~JZZ~~ ~~0~0~0~ O' Z 1103O, ~1.- I ~ZOI ~',~0 :.-1 ,~ 0 [,-(Z _J ,; I ! I I I I I I ! ! ! I ! I I ., ! ! I,I 11£1 ~1(I ~1.1 01~1 ~1~1 Olin ! ! ! ! ! ! ! ! ! N ! ! ! ! ! ! ! ! ! ! ! I~1 I~1 I ! ! ! ! ! ! ! ! ! ! ! I ! ! ! ! ! ! ! ! ! ! I ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! I~1 I£1 ! ! ! · ~00~0~000000~~0~ ~ · ~0~00~0~~0~ ~ ~ 0 0 $ ~o~° 888888 8888888~8888888~888 0 0 0 0 0 0 ~ §8~GGGG88~§GG~G88~G // 88888888 oo~oGo ZZ o ~ ~ O0 ~ . oo ~@oo - ~o /Z ~ o ~ Ooo 8. g. 0 G) 88. > 0 88888 U E z '~og.< °~ /,5 00000 ~ 00000 ~ 0000000 0000~00 O0 ~0 o o 888~o F~ 0 0 0 0 0 0 0 0 0 § 88ooooooo8888oooooo~ o~oo ooo~§§ ~ ~ ~ o~oo§~88~ ~ oooooo~§§ ~ ~ ~ ~°SS 0 0 000 O0 0 000 O0 0 ~ ~ooo~oo~o8 o 8 ~ ~o~o~o ~ S o U.I IZ O0 ~ 0o ~ZZ ~ ww @@oo 0 ~ o~ j,.,. /7 0 0 ~oo~ ~o~o o ~ d ~ z <~ - (2_ 0 c ~ ooooo ZZ O0~ O0 ~ZZ ~@oo o§~§§ /? DROPPING YES APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 File Number ....... : ......344798 Receipt Number ......... 1194869 Geographical Code ........ 3615 Copies Mailed Date... 7117198 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: License Tvoe Trn~saction Tvoe RIVERSInE DEANE'S 8108 SAN BERNARDINO RD RANCHO CUCAMONGA CA SAN BERNARDINO DAVIDSON JOE T 132555 91730 1. 48 ON-SALE GENEPJ%L PU PERSON TO P~RSON TRANS P40 YES 0 JUL 17,1998 $1250.00 : 2. 48 ON-SALE GENERAL PU ANNUAT, FEE P40 YES 0 JUL 17,1998 $695.00 : 3. 48 ON-SALE GENERAL PU STATE FINGERPRINTS NA NO 2 JUL 17,1998 $78.00 : TOTAL $2023. O0 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? N O Act, or regulations of the Deparunent pertaining to the Act? NO Explain any "Yes" answe~ to the above questions on an attachment which shall be d~ntmd ~ of thi~ al~ Applicant agrees (a) that any manager employed in on-sale licensed primrise will have nH t!~ qmflifications of a liceusee, and.(b) that he will not violate or cause or permit to be violated any of the provisions of ~ Alcoholie B~,Vera~ Conuol Act. STATE OF CALIFORNIA County of RIVERSIDE Date JUL 17,1998 Under p~nulty of .p~. 'u?, .each .p~n w.ho~. si .gn~. n~. beJow, celtfibs and .f~ys: (1) !b it on applican~ or one of the appfi .ca~, or nn eancutive officer of the applicant co??,on, .n~me~_ m ttm m~.gm.n[ al~lieanon, muy autberi~d to mabe ~s a~flleation on lm ~ (2) that be / ~ ..d~ f .o~egmng ~ knows tim ~ tbe~of .and that .each of, me aoove .m~-,~n~nts.. Um~n ~ am true; (~) ~ .no l~stson offmr than tim alq~h:am or ai~dt~ams has any dim~t .~ *mdin~t anm~t m tim aliileant or a!~lieantts bu~mes~ to oe con-ucted W the licen~.. s) fo.r which this nppuean,o.n Is nmd~: (4) that ths n~s~sr ~ or !m~mmd ~ !s nm mada to s~.~ t~ pnym~nt of · Iota or to fullill an a ..gt~,ment enun~l. mto mo~ man mn~. ,(90) days p ..t~ ti~ day on which dm ~ I~ i~ b wtdl tbe ~ or to gain or establish a Inlde~nee m or for any ererotor or ~an~emr or to defraud o~ mjur~ any creditor of tran~emr;, ($) that tbe n~nsfur a~eation nmy be wi~hi~vn by efi!~r ~be applicant or ~ Ue~e with no resulting liability m the i~t Applicant Name(s) CREECH MARTHA ANN CREECH STANLEY CHARLES Applicant Signature(s) GROVE -O CALIfOffNIA DROPPING PAR~R YES ..... NO~_ APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 3737 Main St., Suite 900 Riverside, CA 92501 (909) 782-4400 File Number .............. 344118 Receipt Number ......... 1192019 Geographical Code ........ 3615 Copies Mailed Date 6-26-98 Issued Date S]~/ON 24044 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? YES Mailing Address: (If different from 415 AMST.E¥ SQ premise address ) ONTARIO CA 91762 If premise licensed: Type of license Transferor's names/license: RIVERSIDE COMPASS CREEK RESTAURANT & 11837 FOOTHILL BLVD RANCHO CUCAMONGA CA SAN BERNARDINO License TYpe Transaction TyPe Fee Tv~e 91730 BREWERY Master DUD Date Fee 1. 75 ON-SALE GENERAL BR ORIGINAL P40 YES 0 JUN 26,1998 $12000.00 : 2. 75 ON-SALE GENERAL BR ANNUAL FEE P40 YES 0 JUN 26,1998 $695.00 : 3. 75 ON-SALE GENERAL BR STATE FINGERPRINTS NA NO 1 JUN 26,1998 $39.00 TOTAL $12734.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? N O Act, or regulations of the Department pertaining to the Act? NO. Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this aDplicat ion. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA county of SAN BERNARDINO Date JUN 26,1998 Under penalty of Derjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or a~Dlican=s has any direct or indirect interest in the a~licant or applicant's business to be conducted under the license(s) for which this a~lication is made; (4) that the transfer a~Dlication or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5} that the transfer applica=ion may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) ABC 21 i (4/98) 2l c n t t t o a n t n DROPPING , ,~ YES APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) PARTNER NO TO: Department of Alcoholic Beverage 6150 Van Nuys Blvd., Room 220 Van Nuys, CA 91401 (818) 901-5017 Control File Number .............. 344247 Receipt Number ......... 1191984 Geographical Code ........ 3615 Copies Mailed Date dist. to notify Issued Date DISTRICT SERVING LOCATION: VAN NUYS Name of Business: Location of Business: Number and Street 11108 FOOTHILL BLVD City, State Zip Code RANCHO CUCAMONGA County SAN BERNARDINO Is premise inside city limits? YES Mailing Address: (If different from P O BOX 4453 premise address) HOUSTON TX 77210 CA 91730 1. 20 OFF-SALE BEER AND PERSON TO PERSON TRANS NA YES 0 JUN 26,1998 $50.00 : 2. 20 OFF-SALE BEER AND ANNUAL FEE NA YES 0 JUN 26,1998 $34.00 : 3. 30 TEMPORARY KETAIL P DUPLICATE NA NO 1 JUN 26,1998 $100.00 TOTAL $184.00 · Have you ever violated any provisions of the Alcoholic Beverage Control Have you ever been Act, or regulations of the convicted of a felony? NO NO Department pertaining to the Act? Ex_~ain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensec, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. . STATE OF CALIFORNIA County of SAN BERNARDINO Date JUN 26, 1998 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2} that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensec with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) E__QUILON ENTERPRISES LLC (SEE ABC 211-SIG) A'I~I'ACHED: 231,211-SIG, 280, 227 If premise licensed: Type of license 20 Transferor's names/license: TEXACO REFINING AND MARKETING INC 334889 am .... Bu~ ~ Fee License Type Transaction Type Fee T%roe ~ Application: Applicant: Address: Description: Transfer of ownership of an existing Type 20(beer & wine). Texaco 11108 Foothill Blvd. Transfer of licence from Texaco to Franchise. Site and Surrounding Zoning: Site: North: South: East: West: Mixed Use, in the Terra Vista Planned Community. Medium High Residemial, in the Terra Vista Planned Community. Industrial Park, Subarea 7, in the Industrial Area Specific Plan. Community Commercial, in the Terra Vista Planned Community. Mixed Use, in the Terra Vista Planned Community. i m Z m J ORIGINAL POOR QUALITY / :'2 ee~ltu #oo .~.!,~aU u§!eoo FOOTHILL BLVD. POOR =~" uI) ROI)!'ING YES .... PA R~N/: R. ok_ APPLICATION FOR ftLCOHO,L BEUE AGE'[.iCENSE{$) ~_v~rside, CA 92501 " Oeographi~af'"~Co~e ........ 3615 782-4400 '~' : Copies Mailed'Date 6-24-98 ?!:'TF/ '? rER'.'ING LOCATION: l;umber and Street ': .-%', f'_a~e Zip ~cd~ County RIVERSIDE BARBEE'S PIZZA 7251 A HAVEN AVE RANCHO CUCAMONGA SAN BERNARDINO Issued 'Date CA 91730 Mail inc Address: p~em~se 8dd~ess) !f pr~mise licensed: Type of license Transferor's names/license: YES 1726 W 9TH ST UPLAND CA 91786 BARBEE JOHN J ..,,; 317944 License TvDe Transaction TYpe Fee 9'¢De Master DUD Date Fee 1 41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA >. ;s.~-~ YES .,'~i,'~ · ~,, JUN 24.1998 $150.00 : 2. 41 ON-SALE BEER .AND W ANNUAL FEE NA ~'; YES -~<'g ~, JUN 24,1998 8205.00 TOTAL $355.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control ¢onvJc£ed of a fcJony? Act, or regulations of the Department pertaining to the Act? Explain any "Yes' answer to the above questions on an attachment which shall be deemed part of this application. · . ~'; , ,. ~ ,~' . :~,~ Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alc0holic Beverage Control Act. . '.: ,~<.:{r .~.,.{j}..,k!; >;<- :'~. ' --'. ..... STATE OF CALIFORNIA County of SAN B~ZNO '' ~ ~;r' Date . 'JUN 24,1998 Under penalty of perjury, each person whose signature appears below, certifies an'~'Say~: {1} He is an applicant, or one of ~the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) =hat he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license{s) for which this application is made; (4] that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defrau~or injure any creditor of transferor; (5) that the transfer application either the applicant or the licensee ~ no resulti~i~ility to the Depa~t.ment. Applicant Name(s) \ \ ~ [ J%\ Applicant Signature(s) ARBEES PIZZA INC \.t k.~//~~ ':' i :: ,'. .:'::,l,,:,"..?.,.', ';'.'.. Signea'..By: tB~B~', John~J./Pres may be withdrawn by ATTACHED: 231 ~ Recorded Notice ~o Follow Escrow Unknown CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 16, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Karen McGuire-Emery, Senior Park Planner AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE LIBRARY EXPANSION PROJECT TO BE FUNDED FROM PARK DEVELOPMENT ACCOUNT NO. 20-4532-9842 RECOMMENDATION It is recommended that the City Council approve the plans and specifications for the Rancho Cucamonga Public Library Expansion Project and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids." BACKGROUND Plans and specihcations have been completed for the library expansion project which will provide an additional +/- 270 sq ft of space for program and operations at the Rancho Cucamonga Public Library Facility. The design has been reviewed and recommended by the Library staff, as well as the Friends of the Library. The Architect's estimate for the improvements, is $36,128. Legal advertising is scheduled for September 22, and October 1, 1998, with the bid opening at 2:00 PM on Tuesday, October 13, 1998. Respectfully submitted, William J. O'Neil City Engineer WJO:KME Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 PM ON OCTOBER 13, 1998, sealed bids or proposals for the "RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT" in said City. A NON-MANDATORY Prebid meeting is scheduled for 10:00 AM, Tuesday, October 6, 1998 at 7368 Archibald Avenue. This meeting is to allow all potential bidders the opportunity to view the project site with minimal disruption to operations at the Library Facility. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of THE RANCHO CUCAMONGA PUBLIC LIBRARY EXPANSION PROJECT". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or C4 When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or Do When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "B" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this September 16, 1998 Publish Dates: September 22, 1998 October 1, 1998 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this COUNCIL DATE. William J. Alexander, Mayor ATTEST: Debbie J. Adams, City Clerk 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 SEPTEMBER 16, 1998 Executed this SEPTEMBER 16, 1998, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: SEPTEMBER 22, 1998 OCTOBER 1, 1998 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 16, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry Fulwood, Deputy City Manager BY: Diane O'Neal, Assistant To The City Manager SUBJECT: APPROVAL OF THE COUNTY OF SAN BERNARDINO'S SCHEDULE A FOR LAW ENFORCMENET SERVICES FOR THE CITY OF RANCItO CUCAMONGA IN THE AMOUNT OF $10,035,413 RECOMMENDTION Approve Schedule A for Fiscal Year 1998-99 in the amount of $10,035,413 for contract law enforcement and Dare program services to be paid out of Account Numbers 01-4451- 6028, 01-4451-6030 and Funds 114, 117 and 139. Analysis The City of Rancho Cucamonga has received the f'malized Scheduled A for Fiscal Year 1998-99 in the amount of $10,035,413 for contract law enforcement and Dare program services for the City from the County of San Bernardino. Schedule A is the financial portion of the City's law enforcement contract with the County of San Bernardino and is the document utilized to pay for the City's contract law enforcement and Dare program services. The City Manager's office, in conjunction with the Finance Department, has reviewed Schedule A for Fiscal Year 1998-99 and recommends it be approved by the City Council. R.~e~ectfully Sul:gl!]1,~?.d, · ..... Deputy City Manager Attachment: Schedule A for Fiscal Year 1998-99 County of San Bernardino FAS STANDARD CONTRACT FOR COUNTY USE ONLY E New Vendor Code Dept. M X Change X -- Cancel SC SHR A County Department Dept. Orgn. SHERIFF SHR SHR County Department Contract Representative Ph. Ext. ROBERT W. TREMAINE (909) 387-3637 i i I AAA SHR SHR I Commodity Code Contract Number 94-624 A7 Contractor's License No. Amount of Contract $10,035,413 Obj/Rev Source Activity I GRCIPROJ/JOB Number RANCHO I Estimated Payment Total by Fiscal Year FY Amount lid FY Amount lid Project Name CONTRACT LAW FY98/99 $10,035,413 I ENFORCEMENT FY $ THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Rancho Cucamonga Hereinafter called CONTRACTOR 10510 Civic Center DHve Rancho Cucamonga, CA 91730 Phone (909) 989-1851 Federal ID No. or So<3al Security No. Birth Date IT IS HEREBY AGREED AS FOLLOWS: (Use space below and ad~itio~d bond sheets. Set forth service to be rendered, amount to be pata[ manner of payment, time for performance or completion, determination o/satisfactory performance and cause for termination, other terms and conditions, and attach pl~, specifications. ~ addenda, if any.) SEVENTH AMENDMENT Contract No. 94-524 providing law enforcement service to the City of Rancho Cucamonga, is hereby amended, effective July 1, 1998, by replacing Schedule A, referred to in Paragraph IV, with a new Schedule A attached hereto and incorporated herein by reference. 'Except as amended, all other terms and conditions of this contract remain as stated therein. COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors City of Rancho Cucamonga (State if corporation, company, etc.) Dated By ~. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN Dated OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address (Authorized Signature) 10510 Civic Center Drive By Deputy Appr, ckved as to Legal Form.,~.~_~ Reviewed as to Affirmative Action County Counsel Rancho Cucamonga, CA 91730 Reviewed for Processing Agency Administrator/CAO Date Page 1 of 1 SCHEDULE A LAW ENFORCEMENT SERVICE CONTRACT CITY OF RANCHO CUCAMONGA SERVICE COST * (PERSONNEL COSTS INCLUDE SALARY AND BENEFITS) 1- Captain $ 118,944 2- Lieutenant 217,826 10- Sergeant 941,400 11 - Deputy IH 901,868 65 Deputy lI 4,934,670 2 - Deputy II (D.A.R.E.) 151,836 2 - Forensic II 90,544 6 - Sheriff's Service Specialist 232,080 1 - Research Analyst 55,676 3 - Community Services Officer 104,427 1 - Secretary II 38,934 1 - Secretary I 36,900 13 - Station Clerk 459,381 1 - Motor Pool Services Assistant 36,812 1 - Supervising Station Clerk 38,666 28 - Marked Unit 278,852 14 - Unmarked Unit 92,876 1 - Mini Van (Code 3) 4,304 1 - Mid-Size Pickup 4,111 7- Motorcycle 35,490 1 - Marked 4X4 14,859 1 - K-9 Unit 10,904 1 - Bicycle Van (Equipment and Insurance Only) 1,472 2 - D~.R.E. Van (Equipment and Insurance Only) 2,944 Dispatch Services 484,478 Radar Gun 2,924 Administrative Support 56,388 Office Automation 10,269 Vehicle Insurance 74,261 Personnel Liability and Bonding 253,144 Telephone Report Unit/Digital Dictation 73,638 Personnel Startup Cost 5,301 County Administrative Cost 269,234 TOTAL COST $10,035,413' MONTHLY PAYMENT SCHEDULE: payment due July 15, 1998: aa through 12a payment due 5a of each month: $836,289 $836,284 * Subject to change due to salary and benefit changes or Board of Supervisors action. Less fuel and maintenance. City is responsible for fuel and maintenance on all contract vehicles. Maintenance is defined as all routine maintenance, all neces_~ry repairs (mechanical and body repair), and replacement of any destroyed vehicle. If vehicle damage is eligible for coverage under County insurance policies, a claim will be filed with County Risk ManagcmenL Any money reimbm~d by Risk Management will be credited to the City's account to offset City costs. (07/01/98) PAGE 1 of 3 SCHEDULE A LAW ENFORCEMENT SERVICE CONTRACT CITY OF RANCHO CUCAMONGA FY 98/99 ADDITIONAL COST BILLED QUARTERLY: OVERTIME: Overtime and court appearances estimate for FY 98/99 is $329,740. Actual overtime will be billed quarterly. City will be billed on a quarterly basis for: · Actual overtime cost. · Professsional services from private vendors (i.e., towing, etc.). · Services and supplies above contract formula. · Fuel and maintenance (if applicable). · K-9 Charges: Cost for food, medical expenses, etc. (if applicable). PUBLIC GATHERING: The following Public Gathering rates shall apply to the City of Rancho Cucamonga when deputies and reserve deputies assigned to the City are used to provide security at City-sponsored public events and at City-sponsored public events held at City-owned facilities. Deputies will be provided and claims processed by use of the standard County Public Gathering Agreement. RATES Reserve Deputy $21.66 Per Hour Deputy II 43.78 Per Hour Deputy [] 48.03 Per Hour Sergeant 54.12 Per Hour (07/01/98) PAGE 2 of 3 SCHEDULE A LAW ENFORCEMENT SERVICE CONTRACT LEVEL OF STAFFING GUIDE CITY OF RANCHO CUCAMONGA Captain 1 Lieutenant 2 Sergeant - 10 Deputy IIl 11 Deputy II 65 D.a..R.E. Officer - 2 91 GENERAL: Research Analyst 1.00 Forensic Specialist II - 2.00 Dispatcher H 11.56 Secretary II 1.00 Supervising Station Clerk 1.00 Sheriff's Services Specialist 6.00 Secretary ! - Motor Pool Services Assistant - 1.00 Community Services Officer - 3.00 Station Clerk - 13.00 40.56 VEHICLES: Marked Unit 28 Unmarked Unit 14 Mini Van 1 Mid-Size Pickup - 1 Motorcycle - 7 Marked 4X4 - Bicycle Van -1 D.A.R.E. Van -2 K-9 Unit -1 56 MISCEI. J..ANEOUS EQUIPMENT: Radar Gun - 1 DONATED VEHICLES: Chevrolet Tahoe - 1 Ford Explorer - 1 BMW - 1 (Included for insurance cost only.) (07/01/98) PAGE 3 of 3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 1 , 1998 TO: Mayor and Members of the Rancho Cucamonga City Council Jack Lam, AICP, City Manager FROM: Rodney Hoops, Chief of Police SUBJECT: APPROVAL TO APPROPRIATE $92,313, AWARDED BY THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM RECOMMENDATION Approve acceptance of a grant award in the amount of $92,313, and appropriate the same into Police Department Revenue Account 141-3901-5880 and Expenditure Account 141 4532 in the following manner: 7045 Vehicles and equipment Matching funds $92,313 $10,257 BACKGROUND/ANALYSIS The United States Department of Justice Local Law Enforcement Block Grants Program has offered the Police Department funds for equipment and other special needs. The award approved by the United States Department of Justice would allow the Rancho Cucamonga Police Department to obtain vehicles and traffic investigation equipment, which would be used to enhance the Major Accident Investigation Team, the D.AR.E program and Community Services programs. FISCAL IMPACT: $92,313 in grant funds would be appropriated for the requested equipment, along with $10,257 in matching funds (1/9TM match) required by this grant. The matching funds would come from exisisting Police Depamnent revenue resources. Rod s, '~f ~f Police CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: September 16, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Thomas Grahn, AICP, Associate Planner SUBJECT: PUBLIC CONVENIENCE OR NECESSITY 98-02 - AMERICAN STORES PROPERTIES, INC. - Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the issuance of an Alcoholic Beverage Control License (Off-Sale General) for a supermarket, located at the northwest corner of Foothill Boulevard and Vineyard Avenue -APN: 207-102-03, 05, 08, 09, 15, 20, 21, and 49. RECOMMENDATION Approve the determination of "Public Convenience or Necessity" through adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control. ANALYSIS Ao Backgrounid: The applicant, American Stores Properties, Inc., proposes the development of a Luckys supermarket at the northwest corner of Foothill Boulevard and Vineyard Avenue. On October 8, 1997, the Planning Commission approved the proposed project through approval of Conditional Use Permit 97-19. Requirements from Department of Alcoholic Beverage Control: The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the different types of licenses in each census tract. The limits are calculated from the ratio of liquor licenses to the population of the census tract. According to ABC staff, there are a total of four active Off-Sale General (Type 21 ) licenses within Census Tract 8.12 where the existing and proposed supermarket is located, thus exceeding the ABC's given limit of three. When a census tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the publids convenience or necessity as required by Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience or necessity" undefined so that the local legislative body (City Council) has the greatest latitude for review, based on local conditions and determinations. J? CITY COUNCIL STAFF REPORT PCN 98-02- AMERICAN STORES PROPERTIES September 16, 1998 Page 2 Facts to Support a Public Convenience or Necessity Determination: The following are facts that support the requested "Public Convenience or Necessity." On October 8, 1997, Conditional Use Permit 97-19 was approved for the development of a supermarket and four freestanding buildings located at the northwest corner of Foothill Boulevard and Vineyard Avenue. 2. The site is located along two major arterial streets and is suited for this type of business. 3. The site is not close to sensitive uses such as day care facilities, schools, or churches. Rancho Cucamonga residents would be provided greater shopping opportunities for personal and convenience items. CONCLUSION Based on the above analysis, staff finds the issuance of an Off-Sale General liquor license would not have a negative impact on the surrounding uses. Staff recommends approval of the attached Resolution. Respectfully submitted, Brad Bullet City Planner BB:TG/jfs Attachments: Exhibit "A" - Applicant's Alcohol Beverage Control Application Exhibit "B" Project Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval Proposed Luckv Grocery Store FORM PER SECTION 2395814 As required by: The Department of Alcoholic Beverage Control (ABC), State of California PREMISES ADDRESS: Nk4 C-.- oP 7=cx::~'o...,-- t~,_.~/r3. % ',/tt,~¥~,'~-~ ,~,,',t~. LICENSE TYPE: Type 21: Beer, Wine, and Distilled Spirits TYPE'OF BUSINESS: Retail grocery store DATE BUSINESS 12qFORMATION WAS SUBMITTED TO THE CITY/COUNTY FOR 0I~ CONSIDERATION OF THE PUBLIC CONVENIENCE AND NECESSITY ISSUE: WILL THE ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE SATISFY TH3E CITY'S/COUNTY'S DEFINITION OF PUBLIC CONVENIENCE OR NECESSITY __NO REASON FOR APPROVAL OR DENIAL: Print the Name of City Official Phone Number Signature of City Official Date or mis~ung i~o~,=,~tio, win ~tit~t5 grou~ fo~ d=i~ wpU .mio,~ fo~.th¢ U~.m~ o~ ift~ APPLICANT sIGNATURE: ~[/~ / DATE: Please return to.' Please copy to ' Linda Richard-N136 6565 Knott Ave. Buena Park, C_~. 90620-1158 ~Z © RESOLUTION NO. ~' ~'" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE (OFF- SALE GENERAL) FOR A SUPERMARKET, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE - APN: 207-102-03, 05, 08, 09, 15, 20, 21, AND 49. A. Recitals. 1. American Stores Properties, Inc., has filed an application for an off-site sale of liquor, beer, and wine license from the Department of Alcoholic Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will serve the public convenience or necessity. 3. On September 16, 1998, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. 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. Based upon the substantial evidence presented to this Couhcil during the above- referenced meeting on September 16, 1998, including written and oral staff reports, this Council hereby specifically finds as follows: a. On October 8, 1997, Conditional Use Permit 97-19 was issued for the development of a supermarket located at the northwest corner of Foothill Boulevard and Vineyard Avenue; and b. The site is located along two major arterial streets and is suited for this type of business; and c. The site is not close to sensitive users such as day care facilities, schools, or churches; and d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. CITY COUNCIL RESOLUTION NO. PCN 98-02- AMERICAN STORES PROPERTIES September 16, 1998 Page 2 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the off-site sale of liquor, beer, and wine will not have a negative impact on the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby determines that the issuance of an Off-Sale General license for a supermarket serves the public convenience or necessity. 5. The City Clerk shall certify as to the adoption of this Resolution. //5 CITY OF RANCHO CUCAMONGA - STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 16, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Nancy Fong, AICP, Senior Planner Warren Morelion, Planning Aide PUBLIC CONVENIENCE OR NECESSITY 98-01 - GOOD FELLAS FINE CIGARS - Consideration of a request to make a determination of Public Convenience or Necessary (PCN) for the issuance of a Type 48, On-Site General sale liquor license for a cigar lounge within the Virginia Dare Business Center, located at 8034 Haven Avenue, Suite B - APN: 1077-661-02. RECOMMENDATION Approve the determination of "Public Convenience or Necessity" through adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS A. Background: On November 12, 1997, the City Planner approved Conditional Use Permit 97-37, to allow the serving of beer and wine within the lounge of Good Fellas Fine Cigars. Following approval by the City Planner, the City Council, on November 19, 1997, adopted Resolution 97-184 making a determination of Public Convenience or Necessity to allow a beer and wine license for Good Fellas Fine Cigars. In Apdl of this year, the applicant requested to modify his Conditional Use Permit to include sewing hard liquor and allowing entertainment. Both were approved by the Planning Commission on May 27, 1998. Because the original license issued by ABC only permits beer and wine, the applicant is now requesting another Public Convenience or Necessity allowing the serving of hard liquor. The hours of operation for this establishment are Monday through Saturday, from 12:00 noon until 2:00 a.m., and Sundays, from 10:00 a.m. until 10:00 p.m. The site is within the Virginia Dare Business Center at the northeast comer of Foothill Boulevard and Haven Avenue. It is a mixed use center consisting of offices, multi-screen theater, and restaurants. The adjacent restaurants (Shelley's and the Havana Hut) also serve alcoholic beverages, including hard liquor. The site has sufficient parking to accommodate these uses. CITY COUNCIL STAFF REPORT PCN 98-01 - GOOD FELLAS September 16, 1998 Page 2 Reauirements from the Department of Alcoholic Beveraqe Control: The Department of Alcoholic Beverage Control regulates the distribution of liquor licenses by setting limits on the different types of licenses in each census tract. The limits are calculated from the ratio of liquor licenses to the population of the census tract. According to ABC staff, there are currently 20 active licenses within Census Tract 20.05, which has a limit of 18. When a census tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the publids convenience or necessity as required by Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience and necessity" undefined so that the local legislative body (City Council) has the greatest latitude, based on local conditions and determinations. Facts to Support a Public Convenience or Necessity Determination: The following are facts that support the requested "Public Convenience or Necessity." On November 12, 1997, Conditional Use Permit 97-37 was issued for a bar within a cigar lounge. 2. The site is located along two major arterial streets and is suited for this type of business. 3. The site is not close to sensitive users such as day care facilities, schools, or churches. o The City Council previously issued Resolution 97-184 on November 19, 1997, making a determination of Public Convenience or Necessity for a beer and wine license for the business. CONCLUSION Based on the above analysis, staff finds the issuance of an On-Site General sale of liquor, beer, and wine license would not have a negative impact on the surrounding uses. Staff recommends approval of the attached Resolution. Respecfful_!./y submitted~ Brad ~r City Planner BB: NF:WM/jfs Attachments: Exhibit "A" - Applicant's ABC Application Exhibit"B" - Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval APPLICANT(S) NAME Information & Instructions 23958.4 BRUNCATI. Barbara & Daniel J. PREMISES ADDRESS' Type of License (for Types 48) Census Tract: 20.05 Number of Licenses Allowed: 18 Crime Reporting District: Crimes in Reporting District 8034Haven Ave.. Ste B. Rancho Cucamonga Number of Existing Licenses: Number Pending Licenses: Reporting District Average 20 The above premises is located in an area which has an overconcentration or higher than average crime rate as defined in Section 23958.4 of the Business & Professions Code. The Department is required to deny your application unless it can be shown that public convenience and necessity will be served by issuance of another license in this Section 23958.4 requires you to obtain a letter from the local jurisdiction wherein your premises will be located reflecting that they agree that issuance of the applied for license will meet the public convenience and necessity standards for their community. It is very important that you obtain this letter immediately after filing your application. If the local jurisdiction does not approve there is the likely hood your application will be denied. Please discuss any questions you may have with your interviewer or your Investigator. Your application cannot be submitted for approval without this information. ORIGINAL · POOR QUALITY lAY ]9V3 i' I . 3, AV IONVP, [ !3 ! ", 'o }A¥ NYN-.93N F 3/V NVt qN~¥3 .- ~, '~1 · · RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ISSUANCE OF A TYPE 48, ON SITE GENERAL LIQUOR LICENSE FOR A CIGAR LOUNGE WITHIN THE VIRGINIA DARE BUSINESS CENTER, LOCATED AT 8034 HAVEN AVENUE, SUITE B - APN: 1077-661-02 A. Recitals. 1. Daniel J. Bruncati has filed an application for a Type 48 sale of general liquor, beer, and wine license from the Department of Alcoholic Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will serve the public convenience or necessity. 3. On the 16th day of September 1998, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. 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. Based upon the substantial evidence presented to this Council dudng the above- referenced meeting on September 16, 1998, including wdtten and oral staff reports, this Council hereby specifically finds as follows: a. On November 12, 1997, Conditional Use Permit 97-37 was issued for a bar within a cigar lounge; and b. The site is located along two major arterial streets and is suited for this type of business; and c. The site not close to sensitive users such as day care facilities, schools, or churches; and d. The City Council previously issued Resolution 97-184 on November 19, 1997, making a determination of Public Convenience or Necessity for a beer and wine license for the business. 3. Based upon the findings set forth in paragraphs I and 2 above, this Council concludes that the On-Site General sale of liquor, beer, and wine will not have a negative impact on the surrounding uses. .5/ CITY COUNCIL RESOLUTION NO. PCN 98-01 - DANIEL BRUNCATI September 16, 1998 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby determines that the issuance of an On-Site General sale of liquor, beer, and wine license for a cigar lounge serves the public convenience or necessity. 5. The City Clerk shall certify to the adoption of this Resolution. CITY OF RANCI-tO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 16, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL OF APPLICATIONS FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE METROLINK RAILWAY STATION BEAUTIFICATION PROJECT, AND THE DON TAPIA TRAILHEAD FACILITY RECOMMENDATION It is recommended that the City Council approve the applications through the State-funded Environmental program. attached resolutions approving grant Enhancement and Mitigation (EEM) BACKGROUND/ANALYSIS Each year, the ReSources Agency of California solicits local agencies to apply for grants under the Environmental Enhancement and Mitigation Program (EEMP). This program was established by the enactment of the Transportation Blueprint Legislation of 1989 (AB 471, Katz) and its intent is for the Legislative to allocate $10 million annually. Accordingly, staff is recommending the subject two projects. Metrolink Railway Station Beautification North of the Metrolink site and west of the Milliken Avenue Underpass are two parcels totaling 3.1 acres, between the rail line and two spurs. Inadvertently "orphaned" by the Railway, this triangular lot provides a unique opportunity for station enhancement. The project, Rancho Cucamonga Station Beautification, proposes to create a transit "oasis" through the installation of expanded pedestrian plazas which will feature cultural exhibits of art and local history, plus scenic landscaping and demonstration gardens. The proposed landscaping will help to buffer Santa Ana winds and screen industrial views. Overall, the improvements will promote Rancho Cucamonga as an attractive, vibrant community while making rail transit a more positive experience. CITY COUNCIL STAFF REPORT APPLICATIONS FOR GRANT FUNDS September 16, 1998 Page 2 Don Tapia Trailhead Facility This project which is located on Alta Cuesta Drive, south of Base Line Road, will provide a trailhead/staging area and the next segment of the Cucamonga/Demens Community Trail between Base Line Road and Foothill Boulevard. The location, which is currentlyundeveloped, is basically a widened area between Alta Cuesta Drive, and the flood control channel, which fronts onto residential property. Development of this facility would greatly enhance the overall appearance of this corridor, as well as provide a desperately needed connection with the trail system. Also, the proposed staging area at the Don Tapia Trailhead Facility provides a very necessary access point in the heart of the community to the trail system for multi-use. It provides opportunity for users to park automobiles and transition to bicycles, horses, or foot travel for recreational purposes or to reach schools, parks, business areas, industrial sites, libraries, residential areas and work sites. Respectfully submitted, William J. O~eil City Engineer WJO:MO:dlw Attachments [ 2S TAFFRPT~,EEMPro g. wpd VICINITY MAP ORIGINAL POOR QUALITY DON TAPIA RANCHO CUCA~ONGA METROLINK STATION CItY HALL CITY OF RANCHO CUCAMONGA RESOLUTION NO. ~ ~-/~/7/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK RAILWAY STATION BEAUTIFICATION PROJECT WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency requires a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. Appoints William Joseph O'Neil, City Engineer, as agent of the City of Rancho Cucamonga, to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA DON TAPIA TRAILHEAD FACILITY WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency requires a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. Appoints William Joseph O'Neil, City Engineer, as agent of the City of Rancho Cucamonga, to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. .5'7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 16, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dan James, Senior Civil Engineer APPROVAL OF AN AMENDMENT TO THE DRAINAGE REIMBURSEMENT AGREEMENT -030 WITH RANCHO CUCAMONGA REDEVELOPMENT AGENCY, TO CONSIDER ANNUAL DEFERMENT OF PAYMENT RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving an amendment to the Drainage Reimbursement Agreement -030 with Rancho Cucamonga Redevelopment Agency, considering annual deferment of payment, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND: The Rancho Cucamonga Redevelopment Agency (Agency) on June 4, 1997, entered a Reimbursement Agreement for installation of a portion of a master planned storm drain. For Fiscal Year 96/97, the Agency received reimbursement from the City. Annually, the City of Rancho Cucamonga (City) sends reimbursement to the active agreement holders. The reimbursement fund reimburses all Agreement holders who are eligible to share in the fund. At this time, the Agency makes up 51% of the reimbursement fund. This leaves 49% to be divided among the eleven other Developers currently in the fund. ANALYSIS: The City is requesting that the Agency amend the Drainage Reimbursement Agreement to annually consider deferment of payment for Fiscal Years 97/98, 98/99 and 99/00. The other Drainage Reimbursement Agreements will receive 100% of the available fund. This will make their reimbursements much larger, by that sooner bringing their Agreements to closure. This item appears on the Rancho Cucamonga Redevelopment Agency Agenda as well for their approval and execution. Respectfully submitted, Wi~J. ON' eil~ City Engineer WJO:DJ:sd Attachment RESOLUTION NO. q ~ - ] ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE DRAINAGE REIMBURSEMENT AGREEMENT -030 WITH THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, TO CONSIDER ANNUAL DEFERMENT OF PAYMENT WHEREAS, the Rancho Cucamonga Redevelopment Agency (Agency) on June 4, 1997, entered a Reimbursement Agreement for installation of a portion of a master planned storm drain; and WHEREAS, the Agency received reimbursement for Fiscal Year 96/97 from said drainage reimbursement agreement; and WHEREAS, the City of Rancho Cucamonga has requested the Agency amend the Agreement to annually consider deferment of reimbursement for Fiscal Years 97/98, 98/99 and 99/00. By deferring payment, the other reimbursement agreements will receive all of the reimbursement fund and by that bring their agreements nearer to closure; and WHEREAS, for each year that the Agency defers payment, their ten (10) year limit on reimbursement will be extended by a year; and NOW, THEREFORE, BE IT RESOLVED that said amended reimbursement agreement be and the same is hereby approved and the Mayor is hereby authorized to sign said amended reimbursement agreement and the City Clerk to attest thereto. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: September 19, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer APPROVAL OF AMENDED MAPS, SUMMARY VACATION OF GOLDEN OAK ROAD, BROOK DRIVE, SIXTH STREET, STORM DRAIN AND LANDSCAPE EASEMENTS, DISPOSITION BY QUITCLAIM LOTS A AND B, AND THE DEANNEXATION OF WORK PROGRAM AREAS FROM LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACTS 15727-1, 15727-2 AND 15727-3, LOCATED AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH, SUBMITTED BY CORNERPOINTE 85 AND 257, LLC RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving amended Tracts 15727-1, 15727-2 and 15727-3, ordering the deannexation of certain territories from the work program for Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, ordering the summary vacation of Golden Oak Road, Sixth Street, Brook Drive, two storm drain easements and two landscape easements and quit claim fee lots; and authorizing the Mayor and the City Clerk to cause said maps, vacations and quit claim documents to record. BACKGROUND/ANALYSIS Amended Tentative Tract 15727, located at the intersection of Fourth Street and the Cucamonga Creek Flood Control Channel, bordered by Sixth Street on the north, in the Low Medium Residential (4-8 dwelling units per acre) District, was approved by City Council on September 2, 1998, for the conversion of a 342 lot single-family subdivision to a private gated community. The Developer, Comerpointe 85 and 257 LLC, has previously executed an agreement with the city, and provided security to guarantee the construction of the required improvements for three of the eight final maps which have already recorded. The previously recorded maps will be voided upon recordation of the maps before you tonight. J CITY COUNCIL STAFF REPORT AMENDED TENTATIVE TRACT 15727 September 16, 1998 Page 2 The Developer has previously dedicated easements for storm drains and landscape maintenance within the project boundary by separate documents. These have been replaced within private easements and the amended maps. Therefore, the public easements will be vacated concurrent with recordation of the amended maps (City file V- 160). Also, fee lots for landscaping, pedestrian access and landscaping were granted to the City. These fee lots are being quitclaimed and will be private lots reserved for the Homeowners Association for the same use. Respectfully submitted, C~'~ Enn~J;eOe;Nei~ WJO:BAM:sd Attachments: Vicinity/Tentative Tract 15727 (Exhibit "A") Seven (7) Resolutions CITY OF RANCHO CUCAMONGA KNGINEERING DIVISION N RESOLUTION NO. 9 (~-1 6 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDED TRACT MAPS NUMBER 15727-1, 15727-2 AND 15727-3 WHEREAS, Amended Tentative Tract Map No. 15727, submitted by Cornerpointe 85 and 257, LLC, and consisting of 342 single-family lots and a neighborhood park located at the intersection of Fourth Street and Cucamonga Creek Flood Control Channel, bordered by Sixth Street on the north, was approved by the City Council of the City of Rancho Cucamonga, on September 2, 1998, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Amended Tract Maps No. 15727-1, 15727-2, and 15727-3 are phased portions of the final map of the division of land approved as shown on said Amended Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of these final maps by the City Council of said City have been met by the existing Improvement Agreement guaranteed by acceptable Improvement Security by Comerpointe 85 and 257, LLC as developer; and WHEREAS, said Developer submits for approval said Tract Maps offering for dedication, for street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said existing Improvement Agreement and said Improvement Security previously provided with Tract Maps No. 15727-1, 15727-2 and 15727-3 shall continue to apply towards Amended Tract Maps No. 15727-1, 15727-2 and 15727-3; and that the offers for dedication and the final map delineating the same for said Amended Tract Maps No. 15727-1, 15727-2 and 15727-3 are hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES FOR GOLDEN OAK ROAD, BROOK DRIVE AND SIXTH STREET LOCATED WITHIN AMENDED TRACTS 1572% 1, 15727-2 AND 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH WHEREAS, by Chapter 4 Article 1, Section 8331, of the Streets and Highways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate Brook Drive and a portion of Golden Oak Road, herein more particularly described; and WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate Sixth Street and a portion of Golden Oak Road, herein more particularly described; and WHEREAS, the City Council found all the evidence submitted that Brook Drive and a portion of Golden Oak Road 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 expanded for maintenance of same; and WHEREAS, the combined total of the above mentioned Golden Oak Road, Sixth Street and Brook Drive are described per Document No. 19970159785 and Document No. 19970159787 attached hereto as Exhibit "A" and "B." NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council hereby makes its order vacating Golden Oak Road, Brook Drive, and Sixth Street easements originally dedicated per Document No. 19970159785 and Document No. 19970159787, on file in the office of the City Clerk of the City of Rancho Cucamonga, labeled Exhibit "A" and "B", and this by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said Document No. 19970159785 and Document No. 19970159787 no longer constitute public street easement dedications. SECTION 3: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino, California. SECTION 4: That the City Clerk sha41 certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Recorded at the Request of Chicago Title Company Assessor Parcel No. RECORDING REQUESTED BY: City of Rancho Cucamonga WHEN RECORDED MAIL TO: City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Recorded in Off it!a! Records, County o¢ San Bernardino, Errol J. Plackzum, Recorder Doc No. 19970159785 08' 00am 05/06/97 Chicago TJtje 6e7 1[--' 2F- 3F-- 4[--' 5 F'- 6F-- 7 ~' 8 F"-' 9F-'-')o~- PG FEE APF GIMS PH CPY CRTCPY AODNM PEN PR PCOR s__ 60'7 '7~ NON ST LN $VY CIT.CO TRANS TAX DA CHRG EXAM EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CUCAMONGA CORNERPOINTE, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS "A" and Cucamonga Comerpointe, LLC a California limited liability company by its manager The Gdffin Rancho Cucamonga Partnership, L. P. a California limited partnership by its general partner Griffin Industries, Inc. a California corporation Paul E. Griffin;"lU,'President Dated: This is to certify that the interest in real propeKO/ conveyed by the within instrument to the City of Rancho Cucamonga, a City incorporated under the laws of the State of Cafifornia, is hereby accepted by order of the City Council, and the Grantee consents to the recordation thereof by!rs dulyauthon'zed officer. Subject to the and acceptance thereof by said City Council. i reprovemerit E')('HI &IT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of On ~w',~,,7_C',. -~.~"\, \ctck'm, before me, ~% (~k ~% · ~~% , Da~e Name and ~le Of Officer personally appeared ~ ~:' (~- ~-' ~%E~(%~ _%~ ' ~ ~ Name{sl of S~gner~s} Personally known to me - OR - -- proved to me on the basis of satisfactow evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi~/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the/nformation below is not required by law. it may prove va/uaole to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~'~ Document Date: - % , Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ,'-~,~-u.._zq._ ~_ C-,%¢..x.~ ,. .x_~._ -Individual ~_~ Corporate Officer - Title(s): ('-"~-~ - :-;" '~'-~'"'-~-- -' Partner- :"-...L~ited -- General -- _- Attorney-in-Fact - -- Trustee -- Guardian or Conservator _-- Other: ~c~ :~ :~,~m:-e,~ - Signer Is Representing: Number of Pages: Signer's Name: Individual Corporate Officer ~tle(s): Partner -- _-- Limited ~ Genera[ Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: Exhibit "A" Parcel A: Dedication of Briarwood Street That portion of Lots I8, 23, 26 and 31, in Section 15, Township 1 South, Range 7 West, S.B.M. of the map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 4, page 9, of Maps, in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the east line of said Lot 18 and the southerly line of 6 th Street (74 feet wide, 30 feet south side, 44 feet north side) as shown on Tract No. 9226, recorded in Book 127, Pages 73 through 76 of Maps; thence along said south line of 6 th Street, North 89°42'28 West, 547.81 feet to the TRUE POINT OF BEGINNhNG; said point being distant South 89°42'28" East, 77.47 feet from the intersection of said southerly line of 6 th Street and the westerly line of the East 9.5 acres of said Lot 18; thence perpendicular to said south line of 6 th Street, South 00017'32" West, 14.00 feet; thence South 44056'06" West, 32.73 feet to a point that is distant 54.00 feet easterly, measured at right angles, to the westerly line of the east 9.5 acres of said Lot_18; thence parallel with said westerly line of the east 9.5 acres of said Lot 18, South 00°25'21" East, 1,122.93 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 470.00 feet'i thence southeasterly along said curve through a central angle of 47°04'03", an arc distance 386.10 feet; thence tangent to said curve, South 47°29'24" East, 249.86 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 605.00 feet; thence southwesterly along said curve, through a central angle of 47°36'39", an arc distance of 502.73 feet; thence tangent to said curve, South 00o07' 15" West, 25.22 feet; thence South 89°52'45" East, 3.00 feet; thence South 00o07' 15" West, 404.00 feet; thence South 48°41'36" East, 31.89 feet to a point on the north line of 4 th Street (83 feet wide, 50 feet north side, 33 feet south side) as shown <>n document recorded in Book 7361, Page 659, O.R. Said point also being distance North 89°52'45" West 23.50 feet from the intersection of the east line of said Lot 31; thence along said north line of 4 th Street, North 89°52'45" West, 114.00 feet; thence North 48°56'06" East, 31.89 feet; thence North 00°07'15" East, 404.00 feet; thence South 89052'45" East, 3.00 feet; thence North 00°07' t5" East, 25.22 feet to the beginning of a tangent curve, concave southwesterly and having a radius of 545.00 feet. Said curve being concentric with said curve having a radius of 605.00 feet; thence northerly along said curve through a central angle of 47°36'39", an arc distance of 452.88 feet; thence tangent to said curve, North 47°29'24" West, 249.86 feet to the beginning of a tangent curve, concave northeasterly and having a radius of 530.00 feet. Said curve being concentric with said curve having a radius of 470.00 feet; thence northerly along said curve through a central angle of 47°04'03", an arc distance of 435.39 feet; thence Iangent to said curve, North 00°25'21" West, 528.84 feet to a point on the northerly line of said Lot 23; thence along said northerly line of Lot 23, South 89045' 10" East, 6.00 feet to intersection of the westerly line of the easterly 9.5 acres of Lot 18 and said northerly line of Lot 23; thence along said westerly line of the easterly 9.5 acres of Lot 18, North 00°25'21" West, 632.13 feet to said south line of 6 th Street; thence South 89042'28" East along said south line of 6 th Street, 77.47 feet to the TRUE POLNT OF BEGhNNIaNG. Said parcel contains appro.,dmately 164,813 square feet (3.78 acres) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof Parcel B: Dedication of 6 th Street That portion of Lot 18, in Section 15, Township 1 South, Range 7 West, S.B.M. of the map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 4, page 9, of Maps, in the Offi'ce of the County Recorder of said County, more particularly described as follows: BEGIaNNING at the intersection of the east line of said Lot 18 and the southerly line of 6 th Street (74 feet wide, 44 feet north side, 30 feet south side) as shown on Tract No. 9226, recorded in Book 127, pages 73 through 76 of Maps; thence southerly along said east line of Lot 18, South.00°25'21" East, 14.00 feet to a point that is distant 14.00 feet, measured at right angles, to said south line of 6 th Street; thence parallel with said south line of 6 th Street, North 89°42'28" West, 547.99 feet to a point being distant, South 89°42'28" East, 77.29 feet from the westerly line of the easterly 9.5 acres of said Lot 18; thence perpendicuiar to said south line of 6 th Street, North 00°17'32" East, 14.00 feet to a point on said south line of 6 th Street; thence along said south line of 6 th Street, South 89°42'28" East, 547.81 feet to the POENT OF BEGIaNNhNG. Said parcel contains approximately 7,671 square feet (0.18 acres) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: LOCKMAN I & I ASSOCIATES 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6988 FAX (909) 948-8508 Ronald A. Musser, SCALE 1'= 400' 400' BEGINNING, PREPARED IN THE OFFICE OF Loc<_,~AN I&l ASSOCZ~TES CONSULTING ENGINEERS and PLANNERS 10281-A TRADEMARK STREET RANCHO CUCAMONGA, CA 91730-5852 TEL (909) 944-6988 FAX (909) 948-8508 EXHIBIT "B" DEDICATION OF BRIARWOOD STREET 71 SCALE 1"= 100' O' 100' , 6 TH N89'42~8'W N89'42~8-d~ STREET 5.47..81' .5.47. 99' PREPARED IN THE OFFICE OF LOCKMAN l&! ASSOCIATES CONSULTING ENGINEERS and PLANNERS 1O2B1-A TRADEI,4ARK STREET RANCHO CUCAMONGA, CA 91730-5852 TrL (909) 94,4-6988 F,~X (909) 94.8-8508 DRAWN BY: EXHIBIT "B" DEDICATION OF' 6TH STREET 2 OF 2 72 Recorded at the Reqdest Chicago Title Company Assessor Parcel No. of RECORDING REQUESTED BY: City of Rancho Cucamonga WHEN RECORDED MAIL TO: City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Recorded in 0¢~£c£a! Records, County of San Bernard/no, Errol J. I'lackzum, Recorder Doc No. 19970159787 08' 00arn 05/06/97 Chicago Titte 607 ~ F-' 2i~ 31~ 4F-- 5~ 6 F-- 7[-- 8 r--,~l'" iof'-I NON ST LN SVY CIT-CO TRANS TAX OA CHRG EX~,~ EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CUCAMONGA CORNERPOINTE, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR STREET, HIGHWAY AND RELATED PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS "A" and "B". Cucamonga Cornerpointe, LLC a California limited liability company by its manager The Griffin Rancho Cucamonga Partnership, L. P. a California limited partnership by its general partner Gdffin Industries, Inc. a California corporation BY: - ' _'f1.-'"',-~-~ Dated: 2~. );.,~.7.Z) ~--~__ Paul E. G~dff___~nFIIl, President This is to certify that the interest in real property conveyed by the within instrument to the City of Rancho Cucamonga, a City incorporated under the laws of the State of California, is hereby accepted by order of the City Council, and the Grantee consents to the recordation thereof by its duly authon'zed officer. Subject to the improvement & acceptance thereof by said City Council. / , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4~ ~-.-) Date Name and ~tle of Officer (e.,~.. 'Ja~e Ooe. Notary Public') /L%,personally known to me - OR - % proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi~/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by la~: it may prove valuable to persons relying on the document and could prevent fraudulent removal and reat:tachment of this ,'orm to anoti:er document. Description of Attached Document Title or Type of Document: C Document Date: - Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ,.~ % Individual /~Corporate Officer Title(s)' - Partner-- % L-~ited -- General % Attorney-in-Fact _-- Trustee --_ Guardian or Conservator _- Other: Signer Is Representing: \ Signer's Name: _--Individual -- Corporate Officer Title(s): _- Partner-- -- Limited -- General _-- Attorney-in-Fact _-- Trustee - Guardian or Conservator _- Other: Signer Is Representing: .,,~ 2 2 % -¥ '2 % .% Exhibit "A" Dedication of Brook Lane That portion of Lot 26, in Section 15, Township 1 South, Range 7 West, S.B.M. of the map of Cucamonga Lands, in the City of Rancho Cucamonga, County. of San Bernardino, State of California, as recorded in Book 4, page 9, of Maps, in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at a point on the easterly line of Briarwood Street, (60 feet wide, 30 feet each side), recorded on/~ z~ ~' , 1997 as Document No. ':?,? i ~q'-1%~' ,O.R. being on a curve concave southwesterly and having a radius of 605.00 feet and at which point a radial line to said curve bears North 43°36'54" East. Said point being distant 491.07 feet northwesterly, measured along the arc of said curve from the southerly terminus of said curve of Briarwood Street hav/ng a radius of 605.00 feet, a delta of 47°36'39", and an arc distance of 502.73 feet; thence southeasterly along the east line of said Briarwood Street and said curve through a central angle of 08°19'28", an arc distance of 87.90 feet; thence leaving said east line of ' Briarwood Street, North 04°51 '30" East, 20.43 feet to a point on a curve concave southerly and having a radius of 270.00 feet and at which point a radial line to said curve bears North 42°13'22" West; thence northeasterly along said curve through a central angle of35°33'5Y', an arc distance of 167.59 feet to a point on the east line of Parcel D described in City of Rancho Cucamonga, Certificate of Compliance for Lot Line Adjustment No. 404, recorded on ~'lP~ Lp , 1997 as Document No. q'~- 17q-~(~9 O.R.; thence radial to said curve, and along said east line of Parcel D, North 06°39'29" West, 60.00 feet to a point on a curve concave southerly and having a radius of 330.00 feet. Said curve being concentric with said curve having a radius of 270.00 feet; thence southwesterly along said curve through a central angle of 35°33'53", an arc distance of 204.84 feet; thence North 89018' 14" West, 20.43 feet to the POINT OF BEGENNING. Said parcel contains approximately 12,185 square feet (0.28 acres) and is shown on ExXibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: LOCKMAN [ & I ASSOCIATES 10281-A Trademark Street Rancho Cucamonga, CA 91730 ~i'" ' TEL (909) 944-6988 FAX (909) 948-850~C,~..L.~-" ' :~.. "."/i. % · ! ,:E'/,' :~; .~.:_...~'~."... ~.~/'..--"~ %. ".-:,, x ! 7..::.:i Ronald A. Musser, L.S. 4230 \' '... ',.-,-':',~Date~o ,, .' ~! %1,:. ,:. :..%. /' SCALE 1' = 400' 400' CURVE TABLE 0 Z~ZrA ,Zf:Z,r',fG ' $ 0879~8" $0~00' 4 01t26'18" --6TH-- 3 STREET 4TH PREPARED IN THE OFTICE OF LOCKMAN l&l ASSOCIATES CONSULTING ENGINEERS and PLANNERS 10281-A TRADEMARK STREET PANCHO CUCAI~ONGA, CA 91750--5852 TEL (909) 944--6988 FAX (909) 9,~8-8508 Zz~ 16Z59' 8~.60' 204,84' 10~ 8~ ' 8Z90' 11.67' 585' t STREET EXHIBIT "B" DEDICATION OF BROOK LANE RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TRACT 15727-3 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a storm drain easement herein more particularly described; and WHEREAS, the City Council of the City of Rancho Cucamonga found all the evidence submitted that the public storm drain easement is no longer required; and WHEREAS, amended Tentative Tract 15727 will be a private gated community with private drainage facilities. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the storm drain easement originally dedicated per Document No. 19970373376, on file in the office-of the City Clerk of the City of Rancho Cucamonga, which is attached hereto, labeled Exhibit "A", and by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said storm drain easement, located within Amended Tract 15727-3 no longer constitutes a public storm drain easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 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 Bernardino County, California. SECTION 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. R~CORDED REQUEST OF TITLE C0. Assessor Parcel No. 210-062-02 and 26 RECORDING REQUESTED BY: City of Rancho Cucamonga WHEN RECORDED MAIL TO: City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Recorclecl in Official Recorcls, County of San Bernarc/ino, Erro! j. Flackzum, Recorc~er N0 Fee Doc No. 1997 373376 4 · e6pm 1e/e9/97 205 20103266 02 15 , r-2 r-3 i-4 ~s i-, [-7 i-, I-,i I ' ['-'1 P,~ FEE APF GIMS PH CPY C~T CPY ADD NM PEN PR PCOR NON ST LN SVY CIT-CO TRANS TAX DA EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CORNERPOINTE 85 LLC, A DELEWARE LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR STORM DRAIN PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS 'A' and 'B'. Comerpointe 85 LLC a Delaware limited liability company by its managing member Griffin Industries, Inc. a California corporation This is to certify that the interest in real property conveyed by the within instrument to the City of Rancho Cucamonga, a City incorporated under the laws of the State of Califomia, is hereby accepted by order of the City Council, and the Grantee consents to the recordation thereof by its duly authorfzed officer. Subject to the improvement and acceptance thereof by said City Council. Dated'~//~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 9/16/97 before me. MARY R. WHT'T'F..SF..r.T, ~a{e Name arx:l T,~le of Of hoer (e.g.. '.Jane Doe. Nolary PuOhC') personally appeared PAUL E. GRIFFIN. III Name(l) of $~nerls) ' ~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below ;~ not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of th,~ form to another document. Description of Attached Document EASEMENT. ~[a.OM CORNERPOINTE 85, LLC to Title or Type of Document: CITY OF RANCHO CUCAMONGA FOR STORM DRAIN PURPOSES Document Date: 9/16/97 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: PAUL E. GRIFFIN, III Signer's Name: :- Individual y~_ Corporate Officer Title(s): Pro.~ i d~,n t' ~ Partner-- _~ Limited ~ General _- Attorney-in-Fact - Trustee Z Guardian or Conservator - Other: Too of ~nurnb ~ere Individual Corporate Officer Title(s): Partner-- Limited r-" General Attorney-in-Fact Trustee Guardian or Conservator ' ' ' :"' Other: 'To; ~f ,~ GRIFFIN /NDUSTRTRg, TNC. Signer Is Representing: Signer Is Representing: 1995 Na.c~",al Nola.'y ,~$~ra[~*'~ · 8236 Remmel Ave., P.O. Box 718.4 * Canoga Park. CA 91309-71~4 Prod NO. 5.~37 Reorder. Call Toil-Free f-800-87~-6827 Exhibit "A" Legal Description Storm Drain Easement A strip of land 25 feet in width being in that portion of Lot 31, Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands in the City of 'Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9 of Maps in the Office of the County Recorder of said County, and also that portion of Lot 1, Block 15 of Tract 2244 as recorded in Book 35, pages 50 through 56 of Maps, Records of said County, and lying 12.50 feet on each side of the following described centerline: Beginning at the intersection of the east line of said Lot 31 with the northerly line of 4th Street (83 feet wide, 50 feet north and 33 feet south), shown on document dated December 29, 1969 recorded in Book 7361, Page 659 Official Records; Thence North 89° 52' 45" West, 840.04 feet along said northerly line to the TRUE POINT OF BEGINNING. Said point bearing South 89° 52' 45" East, 6.70 feet from the southeast comer of document dated June 14, 1979, recorded in Book 9707, page 237, Official Records. Thence North 22° 52' 30" East, 165.05 feet to the beginning of a curve concave southeasterly and having a radius of 22.50 feet; Thence northerly and easterly, 26.41 feet along the arc of said curve through a central angle of 67° 14' 45"; Thence South 89° 52' 45" East, 641.96 feet to a point on the westerly right-of-way line of Golden Oak Road (formerly known as Briarwood Street) as described in Document No. 19970159785 recorded on May 6, 1997, Official Records, records of said San Bernardino County. The sidelines of the above described 25 foot strip shall be prolonged or shortened to terminate at the northerly line of said 4th Street and the westerly right-of-way line of Golden Oak Road (formerly Briarwood Street). Said parcel contains approximately 20,835 square feet (0.48 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: Lockman I & I Associates CONSULTING ENGINEERS AND PLANNERS 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6988 FAX (909) 948-8508 . Musser, L.S. 4230 JJ' 50' 60' 11' I SWEET RAI PLACE --25' --12.5' ~'W~STERL Y LINE PER /9970159785 GOLDEN OAK ROAD ( formerly Briarwood Str~! ) pRIrpARED IN THE: OFTICE OF LOCKMAN I&l ASSOCIATES CONSULTING ENGII4EER$ ~ Pt. ANN~R8 10281-A TRADEWAlK STREET RANCHO CUCAIdONGA, CA 91750-$8S2 T~:L (909) 944-6988 FAX (909) 948-8508 Dla~WN BY: EXHIBIT "B" EASEMENT for STORM DRAIN PURPOSES ,.¥.o. J ~,T~: 1 OF 1 RESOLUTION NO. q ~- I"J 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF AN EASEMENT FOR STORM DRAIN PURPOSES LOCATED WITHIN AMENDED TENTATIVE TRACT 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate a storm drain easement herein more particularly described; and WHEREAS, the City Council of the City of Rancho Cucamonga found all the evidence submitted that the public storm drain easement is no longer required; and WHEREAS, amended Tentative Tract 15727 will be a private gated community with private drainage facilities. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating the storm drain easement originally dedicated per Document No. 19970373377, on file in the office of the City Clerk of the City of Rancho Cucamonga, which is attached hereto, labeled Exhibit "A", and by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said storm drain easement, located within amended Tentative Tract 15727 no longer constitutes a public storm drain easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 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 Bernardino County, California. SECTION 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. RECORDED REQUEST OF Assessor Parcel No. 210-062-43 RECORDING REQUESTED BY: City of Rancho Cucamonga WHEN RECORDED MAIL TO: City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Recorded in O~'~icia! Records, County o¢ San Bernardino, Erro! J. Mackzum, Recorder No Fee Doc No. 19970373377 4:06pm 10/09/97 205 20103266 02 15 PG FEE APF NON ST Lid SVY GIMS PH CPY C~T CPY ADD NM PEN PR PCOR 5 '6c,~x/ CIT-CO TRANS TAX DA AM EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CORNERPOINTE 257 LLC, A DELEWARE LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR STORM DRAIN PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS "A" and "B". Comerpointe 257 LLC a Delaware limited liability company by its managing member Gdffin Industries, Inc. a California corporation BY~ ~-"'~~ Dated: Paul E. G ~1~11, President This is to certify that the interest in real property conveyed by the within instrument to the City of Rancho Cucamonga, a City incorporated under the laws of the State of California, is hereby accepted by order of the City Council, and the Grantee consents to the recordation thereof by its duly authorized officer. Subject to the improvement and acceptance thereof by said City Council. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALI FORN IA County of LOS ANGELES On 9/16/97 before me, MARY R. WHTTF..'~F..T.r, , Date Name ar~ 'brae of Off~.at (eg.. 'Jane ~k~e. NOIaW personally appeared PAUL E. GRIFFIN, Name($~ ot [ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ..... his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~ ~# 1115715 WITNESS my hand and official seal. e o~ Notary OPTIONAL Though the infon'nation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document EASEMENT FROM CORNERPOINTE 257, LLC TO 'Stle or Type of Document: CITY OF RANCHO CUCAMONGA FOR STORH DRAIN PURPOSES Document Date: 9/16/97 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: PAUL E. GRIFFIN, III Signer's Name: -- Individual ,~_ Corporate Officer Title(s): P r e..~ i dent- - Partner -- ~ Limited r- General _-- Attorney-in-Fact Z Trustee _-- Guardian or Conservator '~ '~ _-- Other: Top ol thum0 ~ere ;- Individual .m Corporate Officer Title(s): ;-' Partner -- _: Limited ~ General ~ Attorney-in-Fact _ Trustee -- Guardian or Conservator ' ¢'~ ~ Other: ' Top of ~amD here GRIFFIN INDUSTRTE.q, TNC'. Signer Is Representing: Signer Is Representing: 1995 Nat,s~r'~ Nolary Assoc~at~.~ · 8236 Reinmet Ave.. P.O. Box 718.4 · Canoga Park. CA g1309-7184 Prcx:L NO. 5907 Call ToII-Fre~ 1-800-876-6827 Exhibit "A" LeGal Description Easement for Storm Drain Purposes Parcel 1 A strip of land 15 feet in width, being in that portion of Lots 25 & 26 in Section 15, Township 1 South, Range 7 West, SBM of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, Page 9 of Maps, in the Office of the County Recorder of said County and lying 7.5 feet on each side of the following described centerline: Commencing at the northwest corner of said Lot 25, thence South 89° 47' 52" East, 104.88 feet along the northerly line of said Lot 25 to the TRUE POINT OF BEGINNING; Thence South 0° 07' 15" West, 18.57 feet to the beginning of a curve concave northeasterly and having a radius of 22.50 feet; Thence southerly 11.78 feet along said curve through a central angle of 30° 00' 00"; Thence South 29° 52' 45"'East, 8.94 feet to the beginning of a curve concave southwesterly and having a radius of 22.50 feet; Thence southerly 11.78 feet along said curve through a central angle 30° 00' 00"; Thence South 00° 07' 15" West, 222.47 feet to the beginning of a curve concave northwesterly and having a radius of 45.00 feet; Thence southerly and southwesterly and westerly, 70.69 feet along said curve through a central angle of 90° 00' 0(7'; Thence North 89° 52' 45" West, 54.00 feet to the beginning of a curve concave southerly and having a radius of 312.00 feet; Thence westerly along said curve 36.91 feet through a central angle of 06° 46' 44" to a point on the easterly end of Brook Lane per document recorded May 6, 1997 as Document No. 19970159787, Official Records of said San Bernardino County. The side lines of the above described 15 foot strip shall be prolonged or shortened to terminate on the north at the northerly boundary of said Lot 25 and on the east on the easterly boundary of said Brook Lane. Said parcel contains approximately 6,527 square feet (0.15 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Parcel 2 A strip of land 15 feet in width being in that portion of Lot 32, Section 15, Township 1 South, Range 7 West, SBM on the Map of Cucamonga Lands in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 4, Page 9 of Maps in the Office of the County Recorder of said County and lying 7.5 feet on each side of the following described centerline: Beginning at the intersection of the easterly line of Parcel "B" as described in document recorded December 24, 1996 as Document No. 19960471326 Official Records of said San Bernardino County and the northerly line of 4"~ Street as described by a document recorded on December 24, 1996 as Document No. 19960471325 Official Records of said County; Thence South 89002' 0(7 West, 200.52 feet to the TRUE POINT OF BEGINNING. Said point of beginning also being a curve concave northwesterly and having a radius of 45.00 feet; Thence northerly 10.74 feet along said curve through a central angle of 13° 40' 43"; Thence North 0° 07' 15" East, 117.13 feet to the beginning of a curve concave southeasterly and having a radius of 22.50 feet; Thence northerly and eastedy 29.45 feet along said curve through a central angle of 75° 00' O(7; Thence North 75° 07' 15" East, 3.59 feet to the beginning of a curve concave northwesterly and having a radius of 22.50 feet; Thence easterly and northerly, 29.45 feet along said curve through a central angle of 75° 00' O(7; Thence North 00007' 15" East, 5.00 feet to a point hereinafter referred to as "Point B"; Thence N~rth 44° 52' 45" West, 44.41 feet; The sidelines of the above described 15 foot stri~p shall be prolonged or shortened to terminate on the south at the north line of said 4"' Street and on the north by a line that bears through the end of the last call at North 0° 07' 15' East. Said parcel contains approximately 3,597 square feet (0.08 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Parcel 3 A strip of land 15 feet in width being in that portion of Lot 32, Section 15, Township 1 South, Range 7 West, SBM on the Maps of Cucamonga Lands in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 4, Page 9 of Maps in the Office of the County Recorder of said County and lying 7.5 feet on each side of the following described centerline: Beginning at Point "B" hereinabove described; Thence North 45° 07' 15" East, 33.00 feet. The sidelines of the above described 15 foot strip shall be prolonged or shortened to terminate on the south at the northeasterly line of said Parcel 2 and on the north by a line that bears through the end of the last call at North 0° 07' 15~ East. Said parcel contains approximately 495 square feet (0.01 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: Lockman I & I Associates CONSULTING ENGINEERS AND PLANNERS 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6958 FAX (909) 948-g508 Ronald A. Musser, L.S. 4230 /~o~ L,5 4230 SCALE 1"= 100' 100' DATA TABLE I ~9'4~ 1~' 2 ~I5~ I~57' 4 ~29~2~"W ~94 6 ~15~ 22~ 4~ 7 ~' ~69' ~' ~' 8 ~2'45~ ~' 9 ~'~'~" ~91' ~' 1~' / 0 0 7 ~.~ PARCEL I · BROOK DRIVE PREPARED IN THE OFfiCE OF LOCKMAN I&l ASSOCIATES CONSULTING ENGINEER8 ~ I:q. ANHER8 10281-A mAI3(I~.~K s"rR£L~T EASEMENT DR~WN BY: R.V.O, EXHIBIT "B" PARCEL 1 for STORM DRAIN PURPOSES SCALE 1'= 10~ 10CY DATA TABLE ~ ~2~'~ ~52' 2 ~5'~'~' ~74' ~' ~' 4 75~" ~ 45' ~ I~26' 5 N75~Y15~ ~' 6 ~' ~ 45' ~' I~26' 7 ~2'45~ ~4~' 8 N~15~ ~' / SHADOWGROVE DRIVE SPRINGBROOK ill 111 'Ul 4. 8 LINE PARCEL B PER 199604 7132~ S7572'02'£ RAD 19960471325 OR. 4TH STREET PREPARED IN THE OFF1CE OF' T.O C KM.a.:,,T I&l CON~,UI. TING E#GINEFJ~8 amd PLANNER8 10281-A TRADEMARK STREET RANCHO CUCAMONGA. CA 91730-5852 TEL (909) 944-698~ FAX (909) 948--8508 EXHIBIT "B" PARCELS 2 & .3 EASEMENT for STORM DRAIN PURPOSES 9o NO. I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EASEMENTS FOR LANDSCAPE MAINTENANCE PURPOSES LOCATED WITHIN AMENDED TENTATIVE TRACT 15727 AT THE INTERSECTION OF FOURTH STREET AND CUCAMONGA CREEK FLOOD CONTROL CHANNEL, BORDERED BY SIXTH STREET ON THE NORTH WHEREAS, by Chapter 4 Article 1, Section 8333, of the Streets and Highways code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate landscape easements within amended Tentative Tract 15727, herein more particularly described; and WHEREAS, the City Council found all the evidence submitted that said landscape easements are unnecessary for present or prospective public landscape purposes, have not been used for more than five (5) consecutive years and no public money was expended for maintenance of same. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: SECTION 1: That the City Council hereby makes its order vacating landscape easements originally dedicated per Document No. 19970373378 and Document No. 19970373379, on file in the office of the City Clerk of the City of Rancho Cucamonga, which are attached hereto, labeled Exhibits "A" and "B", and by reference made a part hereof. SECTION 2: That from and after the date the resolution is recorded, said landscape easements no longer constitute a public easement. SECTION 3: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 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 Bernardino County, California. SECTION 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. RECORDED REQU£ST OF Assessor Parcel No. 210-062-02, 26, 32 & 33 RECORDING REQUESTED BY: City of Rancho Cucamonga Recorded in Officia! Records, County of San Bernard/no, Errol J. Flackzum, Recorder No Fee Doe No. lgg70373378 4;06pm 1 o/og/g7 205 2e103266 92 15 WHEN RECORDED MAIL TO: I r-- 2 [-- 3 r-- 4 [-- City of Rancho Cucamonga Po FEE APF GIMS Post Office Box 807 ~ (0 Rancho Cucamonga, CA 91730 s NON ST LN SVY CIT-CO 5F iF 7F ' F'F-]o[~ PH CPY CRT CPY ADD #M PEN PR PCOR TRANS TAX OA CHRG EXAM EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CORNERPOINTE 85 LLC, A DELEWARE LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR LANDSCAPE MAINTENANCE PURPOSES, in, over and upon that certain real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHIBITS 'A' and "B'. Comerpointe 85 LLC a Delaware limited liability company by its managing member Gdffin Industries, Inc. a California corporation Paul E. Gd%, '~,, President Dated: c~ l l b~ ('~ ~ This is to certify that the interest in real property conveyed by the within instrumenl to the City of Rancho Cucamonga, a City incorporated under the laws of the State of C,a/ifomia, is hereby accepted by order of the City Council, and the Grantee consents to the recordation thereof by its duly authorized officer. Subject to the improvement and acceptance thereof by said City Council. /-// 8 /7- "/F" q2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALI FORIA County of LOS ANGELES On 9/16/97 before me, MARY R. WHITESELL Date Name and 1~le of Off~cer (eg.. 'Jane Doe. Nola~y RuD,C') personally appeared PAUL E. GRIFFIN, III Name(s) of Signer(s) ' X~ personally known to me - OR - - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(leE), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,"~.~a~u,'e ot Nola~ PuOhc OPTIONAL Though the/nformation below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document EASEMENT FROM CORNERPOINTE 85, LLC TO Title or Type of Document: CITY OF RANCHO CUCAMONGA FOR LANDSCAPE MAINTENANCE PURPOSES Document Date: 9/16/97 Number of Pages: 1 NONE Signer(s) Other-Than Named Above: Capacity(leE) Claimed by Signer(s) Signer's Name: Paul E. Griffin, III Signer's Name: _-- Individual '~ Corporate Officer Title(s): P res i dent. _-- Partner -- - Limited -- General - Attorney-in-Fact _-- Trustee _- Guardian or Conservator '~',~ Z Other: , TOp of thumb he'e ;q Individual C Corporate Officer Title(s): - Partner -- ~_ Limited © General ~ Attorney-in-Fact -- Trustee ' Guardian or Conservator -r ,.~ =~ Other: , Top Of :~--o ~'ere Signer Is Representing: GRIFFIN INDUSTRIES, INC. Signer Is Representing: 1995 National Nolary A$$ooat,on · 8236 Rennet Ave.. P O 8o~: 711~4 · Canoga Park. CA 91309-7184 Pr~No Reorder: Call Toll-Free EXHIBIT "A" LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT 'PARCEL A That portion of Lots 18, 23, 26 & 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9,, of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the westerly line of Golden Oak Road (formerly Briarwood Street) as described in document recorded on May 6, 1997 as Document No. 19970159785 Official Records of said San Bernardino County, with the north line of 4th Street, (83 feet wide, 50 feet north side and 33 south side) as described in document recorded in Book 7361, page 659 Official Records of said County; Thence following fourteen (14) courses along the westerly line of said Golden Oak Road (formerly Briarwood Street) as follows; Thence North 48° 56' 06" East, 31.89 feet; Thence North 0° 07' 15" East, !52.88 feet to a point hereinafter referred to as "Point B"; Thence continuing North 0° 07' 15" East, 251.13 feet; Thence South 89° 52' 45" East, 3.00 feet; Thence North 0° 07' 15" East, 25.22 feet to the beginning of a curve concave southwesterly and having a radius of 545.00 feet; Thence no~herly 15.20 feet along said curve through a central angle of 1 ° 35' 52" to a point hereinafter referred to as "Point C"; Thence continuing northerly and westerly along said curve, of 437.68 feet, through a central angle of 46° 00' 47"; Thence North 47° 29' 24" West, 249.86 feet to a beginning of a curve concave northeasterly and having a radius of 530.00 feet; Thence northerly 99.56 feet along said curve through a central angle of 10° 45' 46" to a point hereinafter referred to "Point D"; Thence continuing along said curve northerly 232.49 feet through a central angle of 25° 08' 01" to a point hereinafter referred to "Point E"; Thence continuing along said curve northerly 103.33 feet through a central angle of 11° 10' 16"; Thence North 0° 25' 21" West, 154.65 feet to a point hereinafter referred to as "Point F"; Thence continuing North 0° 25' 21" West, 253.76 feet to a point herein referred as "Point A", being the TRUE POINT OF BEGINNING; Thence continuing North 0° 25' 21" West, 120.43 feet along said westerly line to a point on the northerly line of said Lot 23; (Continued on next page) PARCEL A (Continued) Thence North 89° 45' 10" West, 2.00 feet along said northerly line; Thence South 00° 25' 21" East, 120.99 feet; Thence North 74° 34' 39" East, 2.07 feet to the TRUE POINT OF BEGINNING. Said parcel contains approximately 241 square feet (0.01 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL B That portion of Lot 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "B" hereinabove described; Thence North 0° 07' 15" East, 201.13 feet along the easterly right-of-way line of said Golden Oak Road (formerly Briarwood Street); Thence North 46° 43' 36" West, 21.06 feet; Thence South 04° 08' 56" West, 13.34 feet; Thence South 0° 17' 15" West, 183.84 feet; Thence South 12° 44' 12" West, 24.83 feet; Thence North 75° 01' 50" East, 22.50 feet to the POINT OF BEGINNING. Said parcel contains approximately 3,494 square feet (0.08 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL C That portion of Lots 26 & 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "C" hereinabove described. Said point also being on a curve concave westerly and having a radius of 545.00 feet. A radial line to said curve bears North 88° 31' 23" East; Thence northerly 437.68 feet along said curve through a central angle of 46° 00' 47"; Thence North 47° 29' 24" West, 249.86 feet to the beginning of a curve concave easterly and having a radius of 530.00 feet; Thence northerly 11.94 feet along said curve through a central angle of 1° 17' 25"; Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North 88° 49' South 43° 29' South 47° 26' 49" South 45° 27' 49" South 44° 04' 07" South 42° 22' 54" South 41 ° 34' 10" South 34° 13' 50" South 33° 14' 32" South 30° 58' 45" South 25° 18' 42" South 23° 25' South 19° 04' 32" 54" West, 2.95 feet; 19" East 88.68 feet; East 187.84 feet; East 13.37 feet; East 12.77 feet; East 18.85 feet; East 31.01 feet; East 44.79 feet; East 28.59 feet; East, 15.58 feet; East, 35.37 feet; East, 42.53 feet; East, 13.63 feet; South 15° 32' 18" East 23.25 feet; South 16019' 28" East 22.95 feet; South 11° 50' 18" East 20.00 feet; South 07° 55' 13" East 20.16 feet; South 04° 21' 40" East 16.33 feet; South 02° 22' 02" East 23.27 feet; South 05° 28' 36" East 13.86 feet; South 05° 54' 07" East 20.08 feet; South 43° 47' 04" West 7.30 feet; South 00° 07' 15" West, 12.38 feet; South 89° 52' 45" East, 0.81 feet; North 44° 19' 19" East, 21.51 feet to the POINT OF BEGINNING. Said parcel contains approximately 5,621 square feet (0.13 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL D That portion of Lot 26 in Section 15, Township 1 South, Range 7 West, S.B.M of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "D" hereinabove described. Said point also being on a curve concave easterly and having a radius of 530.00 feet. A radial line to said curve bears North 53° 16' 22" West; Thence northerly 144.87 feet along said curve through a central angle of 15°39' 40" along the westerly right-of-way line of said Golden Oak Road (formerly Briarwood Street); Thence Thence Thence Thence Thence Thence Thence Thence North 63° 41' 52" West, 4.68 feet; South 17° 19' 15" East, 16.43 feet; South 18° 36' 07" East, 13.25 feet; South 20° 30' 50" East, 22.69 feet; South 22° 57' 20" East, 23.62 feet; North 67° 12' 23" East, 1.06 feet; South 34° 37' 32" East, 80.65 feet; North 5° 54' 17" East, 8.73 feet to the POINT OF BEGINNING. Said parcel contains approximately 915 square feet (0.02 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL E That portion of Lot 23 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "E" hereinabove described. Said point also being at the beginning of a non-tangent curve concave northeasterly and having a radius of 530.00 feet. Radial line to said curve bears South 78° 24' 23" West; Thence northerly 103.34 feet along said curve through central angle of 11°10' 16"; Thence North 0° 25' 21" West, 64.65 feet; Thence North 45° 25' 21" West, 4.94 feet; Thence South 04° 09' 48" West, 88.78 feet; Thence North 89° 34' 39" East, 8.98 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 532.00 feet. A radial line from said curve bears North 87° 23' 06" East; Thence southerly 85.53 feet along said curve through a central angle of 9° 12' 43"; Thence North 31° 02' 18" East, 2.95 feet to the POINT OF BEGINNING. Said parcel contains approximately 789 square feet (0.02 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL F That portion of Lot 23 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "F" hereinabove described; Thence North 0° 25' 21* West, 216.24 feet; Thence North 75° 25' 21" West, 2.07 feet; Thence South 00° 25' 21" East, 36.54 feet; Thence South 07° 19' 40" West, 36.47 feet; Thence South 07° 10' 49" West, 49.53 feet; Thence North 89° 34' 39" East, 7.52 feet; Thence South 00° 47' 49" East, 33.40 feet; Thence South 00° 49' 32" East, 66.86 feet; Thence North 44° 34' 39~ East, 7.44 feet to the POINT OF BEGINNING. Said parcel contains approximately 1,283 square feet (0.03 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. /6/) PARCEL G That portion of Lot 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as recorded in Book 4, page 9, of Maps, in the Office of the County Recorder of said County, and also that portion of Lot 1, Block 15 of Tract 2244 as recorded in Book 35, pages 55 through 56, records of said County, more particularly described as follows: Beginning at the intersection of the easterly line of said Lot 31 and the northerly line of 4th Street, (83 feet wide, 50 feet north and 33 feet south side), as shown on Document recorded in Book 7361, page 659, Official Records of said County; Thence North 89° 52' 45" West, 137.50 feet along the northerly line of said 4th Street to the TRUE POINT OF BEGINNING; Thence North 89° 52' 45" West, 709.92 feet along the northerly line of said 4th Street to a point on the east line of Cucamonga Creek Flood Control Channel as shown in Document recorded on June 14, 1979, in Book 9707, page 237,Official Records of said County; Thence North 35° 50' 00" West, 87.12 feet along said easterly line; Thence North 6° 46' 32" West, 20.72 feet continuing along said easterly line; Thence South 35° 33' 46" East, 64.09 feet to the beginning of a curve concave northerly and having a radius of 19.52 feet; Thence southerly, easterly and northerly, 37.78 feet along said curve through a central angle of 110° 52' 49"; Thence South 82° 06' 21" East, 15.53 feet to the beginning of a non-tangent curve concave northeasterly and having a radius of 18.28 feet. A radial line to said curve bears North 81° 32' 42" West; Thence southerly and easterly 31.37 feet along said curve through a central angle of 98° 2O' O3"; Thence South 89° 52' Thence North 0° 07' 1 Thence South 89° 52' Thence North 0° 07' 1 Thence South 89° 52' Thence North Thence South Thence South Thence South Thence South Thence South Thence South 45" East, 57.56 feet; 5" East, 2.35 feet; 45" East, 68.00 feet; 5" East, 4.30 feet; 45" East, 65.00 feet; 0° 07' 15" East, 3.82 feet; 89° 52' 45" East, 260.00 feet; 0° 07' 15" West, 1.69 feet; 89° 52' 45" East, 65.00 feet; 0° 07' 15" West, 2.19 feet; 89° 52' 45" East, 68.52 feet; 0° 07' 15" West, 3.73 feet; (Continued on next page) .-/- ,, 10/, PARCEL G (Continued) Thence South 89° 52' 45" East, 71.19 feet to the beginning of a curve concave northwesterly and having a radius of 13.00 feet; Thence easterly and northerly 20.42 feet along said curve through a central angle of 9O° 00' 00"; Thence North 0° 07' 15" East, 91.62 feet; Thence North 16°45' 59" West, 18.67 feet; Thence South 74© 47' 20" East, 22.50 feet to a point on the westerly right-of-way line of Golden Oak Road (formerly Briarwood Street) as described in document recorded on May 6, 1997 as Document No. 19970159785, Official Records of said County; Thence South 0© 07' 15" West, 115.13 feet along said westerly line; Thence continuing along said westerly line, South 48© 56' 06" West, 31.89 feet to the TRUE POINT OF BEGINNING. Said parcel contains approximately 20,244 square feet (0.46 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: Lockman I & I Associates CONSULTING ENGINEERS AND PLANNERS 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6988 FAX (909) 948-8508 Ronald A. Musser, L.S. 4230 ~TReeT ~ OF~ PREPARED IN THE OFF1CE OF CONSULTING ENGINEERS ~nd PLAI~IERS 10281-A TRAD£1dARK STREET RANCHO CUCA~40NGA, CA TEL (909) 944-698.8 FAX (:909) 948--8508 EXHIBIT "B" LANDSCAPE EASEMENT PARCEL IDENTIFICATION EXHIBIT DRAWN BY: R.V.O. DATE: 09/16/1997 '~ SCALE 1'= 30' 30' 5!4' DATA TABLE Bea~ng I N 74~4~9"£ 2.07' 2 N 00~5~1' ~I 120,99' $ N 89~'I0'W 2.O0' 4 N O0~5~I' ~t I2~ 45' Areo -- 241 BROOKVIEW COURT 60' 0 0 Om 0 v POINT A ~d ~ 71eU~ POINT 0~' B~'GltVNIN~ SHADOWBROOK + ~' DRIVE - PREPARED IN THE OFFICE or LOCKMAN I&l ASSOCIATES CONSUl. TING ENGINEERS and I:N. ANNER$ 10281-A TI;~ADEMARK STREET RANCHO CUCAMONGA. CA 91730-$852 TEL (909) 944-698~ FAX (909) 948-8508 EXHIBIT "B" PARCEL A - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES o.~,.,. BY; R.,,.o. ID,,E, O,/,,/,,,TIs.EET: 2 Or 9 SCALE 40' SHADOWGROVE + DRIVE 0 0 PARCEL m ----'-"X ~' ~ Areo= J494 SF o DATA TABLE ~o~n~7 Ots~znc~ ; N 00~7'15' £ 201.15' 2 N 46'4~3~6' W 21.06' ~ N 00~15" £ I8~84' 5 N ~2~.4'I2' £ 24.85' 6 N 75~1~0'£ 22.50' SPRINGBROOK COURT PREPARED IN LOCKMAN I&l ASSOCIATES CONSULTING ENGINEER8 aml Pt.A!~IER8 10281-A TRADE:MARK STREET RANCHO CUCAlaONGA, CA 91730-$852 TEL (909) 944-69~8 FAX (909) 948-8508 EXHIBIT PARCEL B - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES 105. PARCEL C Area = 5621 $F .- .......... '~ INTEI~$~'CRON "~' GOLD~-N OAK F~OAD ~ HOMES T~'AD 60' 50' N 43'~8'0f" E- lead DATA TABLE ! ~'4~ ~68 2 N 4~24' W 24~' 3 I~25" 1~94' 4 N ~9~' W ~95' 5 N ~'19' W ~' 6 N 4~6¥9' W /87~' 7 N ~7~9" W 1~37' 9 N 42~2~" W I0 N 4/~4~0' W 1I N 34~3~' W ~ 79' ~2 N ~4~2' W 2~59' 14 N 25~8¥2' W 3~3~ I5 N 232528" W 17 N 15~2'1B' W 2~25' 18 N 16~9~8' W 2~95' 22 N 02~2~2" W 2~2~ 23 N ~8~* W 24 N ~ W ~' 25 N ~04" E ~' 27 N ~2'~' W ~81' 28 H 4479?9' E 21.5~' Tangent 54~00' 231.41' 5.~00' 5.97~ PREPARED IN THE OFFICE OF LOCKMAN I&l ^SSOC TE$ CONSULTING EHGIHEER8 m~l PLAN~ER8 10281-A T~ADEIdARK STREET RANCHO CUCAMONGA. CA 9~7:50-5852 TEL (909) 944-6988 FAX ~g09~ 948--8508 EXHIBIT "B" PARCEL C - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES SCALE 1'= 30' O' ~RCEL D Areo= 915 SF \ DATA TABLE 2 N 345~' W ~65' 3 N 6~2~3' E 1.~' 4 N 225~20' W 2~62' 5 N~" W ~69' 6 N I~D~ W 1~25' 7 N I~9'15' W 8 N ~1~2' W 9 ~5~9'~" I~.8T ~' ~' PREPARED IN THE OFTIC£ OF LOCKMAN I&l ASSOCIATES CONSUl. TING ENGINEER8 ~md Pt. ANNER8 10:Z81-A TRADEIdAJ~K STREET RANCHO CUCAIdONG~, CA 91730-$8S2 TEL (909) 944-6988 FAX (909) 94a-a508 EXHIBIT "B" PARCEL D - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES BY: ,.v.o. I °'TE: o,/,,/,,,7 ! s,~T: ~ oF9 /o7 SCALE WORNING BREEZE 1'= 4-0' ' DRIVE O' 40' DATA TABLE B~or/ng Distance 2 ~72~' ~' 53~' 4~86' 3 N ~9' E ~98' 5 N ~5~5~1' ~ ~94' 6 N ~5~I' ~ 6~65' 7 1I~0'I6' 1~34' 5~' 5~.~' IV B7~J'06' E Rod = 789 PREPARED IN THE oFIrlc£ OF CONSUl. TING ENOINF..ER8 led PLANNERS 10281-A TRAOEWARK STREET RANCHO CUCAMONOA. CA 917.~0-5852 TEL (909) 944-6988 FAX (909) 94~-8508 EXHIBIT "B" PARCEL E - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES .Y: ,.v.o. I o,T~: o,/,,/,,,, I s.~T: , or SCALE 1'= ¢0' 40' BROOKVIEW ,°At~'CEL F---'~- Are~ = 128,3 ,~ ' 2/ o o 60' 30' ~ JO' SHADOWBROOK D-RIVE DATA TABLE Bearing DIstance I N 00'49~2" W 66,$6' 2 N 00'47'49' W 3~. 40' J N 89~4~9" E Z52' 4 N 0)'10'49' E 49.53' 5 N 07~9'40' E 3~. 47' 6 N 0025~1' W 3&54' 7 N 75~5~1' W 2.07' 8 N 0025~1' W 216.24' 9 N 44~#~9' E 7.44' pO/NPO/NT Fond T OF BEG/NN/NG " .......~--GOLDEN OAK t~OAD 8c ............ ~ ~O~N~N~ ~REEZE D~. PREPARED IN THE OFFICE OF LOCKMAN I&l ASSOCIATES CONNUI. TING ENGINEERS am] Pt. ANNERS 10281-A TRADEMARK STREET RANCHO CUCAI,4ONGA. CA 91750-5852 TEL (909) 944-698~ FAX (909) 94.8-8508 EXHIBIT "B" PARCEL F - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES .~: ,.v.o. ! D'TE: o,/,6/,,,71 s,E~: 7 of 50' 27.11' PARCEL Areo= 20,244 SF e 23.22' NORTH UNE OF 4th STREET PER 736~/659 OR. DATA TABLE / \ GLENAIRE COURT INTERSECTION OF THE NORTH UNE OF 4th STREET AND EAST UNE OF LQT 51, CUCAMONGA LANDS I PREPARED IN THE OFFICE Of' LOCKMAN I&l ASSOCIATES CONSULTING ENGII~r. ERS m~l PLANNERS ~CHO C~, CA 91730-5~2 ~L (9~) 944-69~ tAX (909) GOLDEN ~ OAK ROAD (formerly ~-riar~ood Strut) ('~ EAST UNE OF LOT 31, ~B. 4/9 EXHIBIT PARCEL G - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES //0 8 3' 50' CUCAHONGA CREEl< CHANNEl S.B, CF. CD. f?IGHT-OF-WA Y~ N 56~6'35 W Rad 18.99'----- ~ 25.29' PARCEL G~ ~ Area = 20,244 SF 27 I1' · NOR HI lINE OF 4th STREET PER 7361/659 OR. SEE SHEET 8 of 9 DATA TABLE ~ O~no / t~n~h / Rod/us I N ~2~" W ~92' 2 N ~* W 8~12' 4 N 55~" W 5 I10~9' 3~78' I~' 2~' 7 ~" 31.3~ ~28' 2I. ~5' ~3 N ~5' E ~' PR£P~RED IN TH£ OFF3C£ OF LOCKMAN I&] ASSOCIATES RANCHO CUCAIdONGA. CA 917~0-5~2 ~L (9~) 944--69~ ~AX (909) 948--8~8 EXHIBIT "B" PARCEL G - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES /// EXHIBIT "a" LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT 'PARCEL A That portion of Lots 18, 23, 26 & 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9,, of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the westerly line of Golden Oak Road (formerly Briarwood Street) as described in document recorded on May 6, 1997 as Document No. 19970159785 Official Records of said San Bernardino County, with the north line of 4th Street, (83 feet wide, 50 feet north side and 33 south side) as described in document recorded in Book 7361, page 659 Official Records of said County; Thence following fourteen (14) courses along the westerly line of said Golden Oak Road (formerly Briarwood Street) as follows; Thence Nodh 48© 56' 06" East, 31.89 feet; Thence North 0© 07' 15" East, 152.88 feet to a point hereinafter referred to as "Point B"; Thence continuing North 0© 07' 15" East, 251.13 feet; Thence South 89© 52' 45" East, 3.00 feet; Thence North 0© 07' 15" East, 25.22 feet to the beginning of a curve concave southwesterly and having a radius of 545.00 feet; Thence northerly 15.20 feet along said curve through a central angle of 1° 35' 52" to a point hereinafter referred to as "Point C"; Thence continuing northerly and westerly along said curve, of 437.68 feet, through a central angl~ of 46© 00' 47"; Thence North 47° 29' 24" West, 249.86 feet to a beginning of a curve concave northeasterly and having a radius of 530.00 feet; Thence northerly 99.56 feet along said curve through a central angle of 10© 45' 46" to a point hereinafter referred to "Point D"; Thence continuing along said curve northerly 232.49 feet through a central angle of 25© 08' 01" to a point hereinafter referred to "Point E"; Thence continuing along said curve northerly 103.33 feet through a central angle of 11© 10' 16"; Thence Nodh 0° 25' 21" West, 154.65 feet to a point hereinafter referred to as "Point F"; Thence continuing North 0© 25' 21" West, 253.76 feet to a point herein referred as "Point A", being the TRUE POINT OF BEGINNING; Thence continuing North 0© 25' 21" West, 120.43 feet along said westerly line to a point on the northerly line of said Lot 23; (Continued on next page) Thence North 89© 45' 10" West, 2.00 feet along said northerly line; Thence South 00© 25' 21" East, 120.99 feet; Thence North 74© 34' 39" East, 2.07 feet to the TRUE POINT OF BEGINNING. Said parcel contains approximately 241 square feet (0.01 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. //2. RLuORDED REQUEST OF CHICAGO T!TL~ Assessor Parcel No. 210-062-02, 18, 32, 33 & 43 RECORDING REQUESTED BY: City of Rancho Cucamonga WHEN RECORDED M.AIL TO: City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91730 Recorded in Official Records, County of Sar~ Ber,~ardino, Errol J. ~ackz,~, Recorder Doc No. 1997 373379 4 ' 7pm 1 /¢9/97 205 20183266 02 15 ~0tll ST [~ $VY I CIf.CO TRA~$ fJ~ DA CHRG I EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CORNERPOINTE 257 LLC, A DELEWARE LIMITED LIABILITY COMPANY, GRANT(S) to the City of Rancho Cucamonga, a Municipal Corporation, an EASEMENT FOR LANDSCAPE MAINTENANCE PURPOSES, in, over and upon that certain reap property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described and shown on the attached EXHtBITS 'A" and 'B". Comerpointe 257 LLC a Delaware limited liability company by its managing member Griffin Industries, Inc. a California corporation By:(~:~ ~,c--~F"~ Dated: ~ }L.~ / ~C._~_~ Paul E. Gn--~,'~'~'TPresident L This is to ce~i~ that the inte~st in ~al pmpe~ conveyed by the within instrument to the Ci~ of Rancho Cucamonga, a Cih/ inco~omted under the laws of the State of California, is he~by accepted by o~er of the City Council, and the G~ntee consents to the ~c~ation the~of by its duly authon.zed o~r. Subject to the impmve~nt and acceptance the~of by said Ci~ Council CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CA~, l FORIA County of LOS ANGELES On 9/16/97 before me, MARY R. WHITESELL personally appeared PAUL E. GRIFFIN, III Name(s) of $,gnet[$1 )C_ personally known to me - OR - -- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by .......... his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1115713 WITNESS my hand and official seal. OPTIONAL Though the informat/on below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattaciu,~ent of this form to another document. Description of Attached Document EASEMENT FROM CORNERPOINTE ~.57, LLC TO ]qtle or Type of Document: CITY OF RANCHO CUCAMONGA FOR LANDSCAPE MAINTENANCE PURPOSES Document Date: 9/16/97 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer(s) Signer's Name: Paul E. Griffin, III Signer's Name: -- Individual iR Corporate Officer Title(s): P res, i dent. ~- Partner-- -- Limited -- General 12 Attorney-in-Fact _-- Trustee _-- Guardian or Conservator _-- Other: Top of :h,..mo here ~ Individual _-- Corporate Officer Title(s): -- Partner-- -- Limited -- General _-- Attorney-in-Fact -- Trustee -- Guardian or Conservator -- Other: TOp Of ?rumD ~ere Signer Is Representing: Signer Is Representing: GRIFFIN INDUSTRIES, INC. 1995 Nal,or~al Notan/Assoc,aDo~ · 8236 Peareel Ave.. PC ~ox 7184 · Canoga Park. CA 91309-7184Prod NO 5907 Reorder: Call ToJl-Free 1-8C(]-876-6<32'; EXHIBIT "A" LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT PARCEL H That portion of Lots 18, 23, 26 & 31 in Section 15, Township I South,· Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the easterly line of Golden Oak Road (formerly Briarwood Street) as described in document recorded on May 6, 1997, as Document No. 19970159785, Official Records of said County with the north line of 4th Street, (83 feet wide, 50 feet north side and 33 feet south side) as described in document recorded in Book 7361, page 659, Official Records of said County; Thence following fifteen (15) courses along the eastedy line of said'Golden Oak Road (formerly Briarwood Street) as follows; Thence North 48© 41' 36" West, 31.89 feet; 0© 07' 15" East, 152.87 feet to a point hereinafter referred to as "Point Thence North M"; Thence North Thence North Thence North 0© 07' 15" East, 251.13 feet; 89© 52' 45" West, 3.00 feet; 0° 07' 15" East, 25.22 feet to the beginning of a curve concave southwesterly and having a radius of 605.00 feet; Thence northerly 14.42 feet along said curve through a central angle of 1© 21' 57" to a point hereinafter referred to as "Point L"; Thence continuing 245.31 feet along said curve through a central angle of 23° 13' 53" to a point hereinafter referred to as "Point K"; Thence continuing along said curve 231.34 feet through a central angle of 21° 54' 31" to a point hereinafter referred to as "Point N"; Thence continuing along said curve 11.67 feet through a central angle of 1° 06' 18"; Thence North 47© 29' 24" West, 249.86 feet to the beginning of a curve concave northeasterly and having a radius of 470.00 feet; Thence westerly and northerly 199.62 feet along said curve through a central angle of 24© 20' 04" to a point hereinafter referred to as "Point O"; Thence continuing along said curve westerly and northerly 186.48 feet through a central angle 22° 43' 59"; Thence North 0© 25' 21" West, 129.66 feet to a point hereinafter referred to as "Point J"; Thence North 0© 25' 21" West, 286.24 feet to a point hereinafter referred to as "Point I"; (Continued on next page) PARCEL H (Continued) Thence North 0° 25' 21" West, 260.00 feet to a point herein referred to as "Point H", also being the TRUE POINT OF BEGINNING; Thence North 0° 25' 21" West, 85.00 feet along the easterly right-of-way line of said Golden Oak Road (formerly Briarwood Street); Thence North 89° 34' 39" East, 2.00 feet; Thence South 0° 25' 21" East, 87.00 feet; Thence North 45° 25' 21" West, 2.83 feet to the TRUE POINT OF BEGINNING. Said parcel contains approximately 172 square fee.t (0.00 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL I That portion of Lot 23 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "r' hereinabove described; Thence North 0© 25' 21" West, 170.00 feet along said easterly right-of-way line of Golden Oak Road (formerly Briarwood Street); Thence North 44© 34' 39" East, 2.83 feet; Thence South 0° 25' 21" East, 174.00 feet; Thence North 45© 25' 21" West, 2.83 feet to the POINT OF BEGINNING. Said parcel contains approximately 344 square feet (0.01 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. //7 PARCEL J That portion of Lot 23 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "J" hereinabove described; Thence North 0° 25' 21" West, 196.24 feet along the easterly line of said Golden Oak Road (formerly Briarwood Street); Thence North 44° 34' 39" East, 2.83 feet. Thence South 0° 25' 21" East, 198.78 feet. Thence North 75025' 21" West, 2.07 feet to the POINT OF BEGINNING. Said parcel contains approximately 395 square feet (0.01 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL O That portion of Lots 23 & 26 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "O" hereinabove described. Said point also being the beginning of a curve concave northeasterly and having a radius of 470.00 feet. A radial line to said curve bears North 66" 50' 40" East; Thence northerly along said curve 186.48 feet through a central angle of 22° 43' 59"; Thence North 0° 25' 21" West, 92.15 feet; Thence North 74° 36' 38' East, 22.55 feet to the beginning of a non-tangent curve having a radius of 20.06 feet. A radial line to said curve bears South 14° 26' 58" East; Thence westerly and southerly along said curve 23.26 feet through a central angle of 66° 26' 57"; Thence South 08° 03' 33" East Thence South 00° 31' 03" West Thence South 21 ° 43' 56" West Thence South 03° 2!' 00" East Thence South 07° 43' 45" East Thence South 12° 19' 46" East Thence South 16° 11' 21" East 47.91 feet; 53.86 feet; 3.11 feet; 27.39 feet; 45.16 feet; 37.11 feet; 20.35 feet to the beginning of a curve concave northeasterly and having a radius of 40.00 feet; Thence southerly and easterly along said curve 39.24 feet through a central angle of 56° 12' 13"; Thence South 78° 47' 32" West, 21.47 feet to the POINT OF BEGINNING. Said parcel contains approximately 2805 square feet (0.06 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL N That portion of Lot 26 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "N" hereinabove described. Said point also being the beginning of a curve concave westerly and having a radius of 605.00 feet. ^ radial line to said curve bears South 43° 36' 54" West; Thence northerly 11.67 feet along said curve through a central angle of 01° 06' 18"; Thence North 47° 29' 24" West, 249.86 feet to the beginning of a curve concave easterly and having a radius of 470.00 feet; Thence northerly along said curve 162.29 feet through a central angle of 19° 47' 04"; Thence North 49° 36' 06" East, 22.10 feet to the beginning of a non-tangent curve concave southeasterly and having a radius of 18.87 feet. A radial line to said curve bears North 42° 07' 38" West; Thence easterly and southerly 23.87 feet along said curve through a central angle of 72° 27' 55"; Thence South 48° 01' 42" East, 34.57 feet; Thence South 36° 57' 33" East, 31.42 feet; Thence North 40° 00' 06" West, 28.00 feet to the beginning of a curve concave northeasterly and having a radius of 600.00 feet. A radial line to said curve bears North 46° 59' 01" East; Thence southeasterly along said curve, 59.45 feet through a central angle of 05° 40' 36"; Thence South 48° 46' 48" East, 40.66 feet; Thence Soath 19° 31' 19" East, 5.71 feet; Thence South 48° 31' 38" East, 74.45 feet; Thence South 21° 30' 33" East, 5.00 feet; Thence South 49° 01' 42" East, 145.25 feet to the beginning of a non-tangent curve concave southeasterly and having a radius of 330.00 feet. A radial line to said curve bears South 40° 54' 14" East; Thence northwesterly along said curve 7.60 feet through a central angle of 01° 19' Thence North 89° 18' 14" West, 20.43 feet to the POINT OF BEGINNING. Said parcel contains approximately 7,876 square feet (0.18 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL K That portion of Lot 26 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "K" hereinabove described. Said point also being on a non- tangent curve concave southwesterly and having a radius of 605.00 feet. A radial line to said curve bears South 65° 31' 25" West; Thence northerly and westerly 143.4,4 feet along said curve through a central angle of 13° 35' 03". Said curve also being on the easterly/line of said Golden Oak Road (formerly Briarwood Street); Thence North 04° 51' 30" East, 5.80 feet; Thence South 40° 56' 10" East, 37.03 feet; Thence South 38° 12' 15" East, 28.42 feet; Thence South 36° 12' 04" East, 16.17 feet; Thenca South 59° 13' 25" West, 8.23 feet to the beginning of a non-tangent curve concave southwesterly and having a radius of 607.00 feet. A radial line to said curve bears South 59° 09' 29" West; Thence southerly and westerly 69.58 feet along said curve through a central angle of 6° 34' 05"; Thence North 67o23' 43" West, 2.93 feet to the POINT OF BEGINNING. Said parcel contains approximately 687 square feet (0.02 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. /21 PARCEL L That portion of Lots 26 & 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "L" hereinabove described. Said point also being the beginning of a non-tangent curve concave westerly and having a radius 605.00 feet. A radial line to said curve bears South 88° 45' 18" West; Thence northerly 157.41 feet along said curve through a central angle of 14° 54' 25~. Said curve being on the eastedy right-of-way line of said Golden Oak Road (formerly Briarwood Street); Thence North 26° 46' 01" East, 13.77 feet; Thence South 14° 46' 20" East, 79.74 feet; Thence North 89° 52' 45" West, 2.58 feet; Thence South 05° 28' 40" East, 38.86 feet; Thence South 2° 57' 26" East, 18.92 feet; Thence South 0° 49' 55" East, 38.13 feet; Thence North 45° 33' 44" West, 7.64 feet to the POINT OF BEGINNING. Said parcel contains approximately 1,338 square feet (0.03 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. /ZZ PARCEL M That portion of Lot 31 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: BEGINNING at Point "M" hereinabove described; Thence North 0° 07'15" East, 201.13 feet along said easterly right. of-way line of Golden Oak Road (formerly Briarwood Street); Thence North 46° 58' 06" East, 21.06 feet; Thence South 03° 54' 26" East, 13.34 feet; Thence South 0° 07' 15~ West, 183.84 feet; Thence South 12° 29' 42" East, 24.83 feet; Thence North 74° 47' 20" West, 22.50 feet to the POINT OF BEGINNING. Said parcel contains approximately 3,494 square feet (0.08 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. PARCEL P That portion of Lot 31 & 32 in Section 15, Township 1 South, Range 7 West, S.B.M. of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the easterly line of said Lot 31 and the northerly line of 4th Street, (83 feet wide, 50 feet north side and 33 feet south side), as described in document recorded in Book 7361, page 659, Official Records of said County; Thence North 89" 52' 45" West, 23.50 feet along said northerly line to a point on the easterly line of Golden Oak Road (formerly Briarwood Street), as described in document recorded on May 6, 1997 as Document No. 19970159785, Official Records of said County to the TRUE POINT OF BEGINNING; Thence North 48© 41' 36" West, 31.89 feet along said easterly line; Thence continuing along said easterly line, North 0© 07' 15" East, 115.13 feet; Thence North 75© 01' 50" East, 22.50 feet; Thence South 17© 00' 29" West 18.67 feet; Thence South 0° 07' 15" West, 93.39 feet to the beginning of a curve concave northeasterly and having a radius of 13.00 feet; Thence southerly and easterly, 20.42 feet along the arc of said curve through a central angle of 90° 00' 00"; Thence South 89© 52' 45" East, 63.64 feet; Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence Thence North South North South North South North 0© 07' 15" East, 4.28 feet; 89© 52' 45" East, 60.00 feet; 0© 07' 15" East, 3.36 feet; 89© 52' 45" East, 56.27 feet; 0© 07' 15" East, 1.13 feet; 89© 52' 45" East, 56.25 feet; 0° 07' 15" East, 2.02 feet; South 89° 52' 45" East, 56.25 feet; North 0° 07' 15" East, 3.01 feet; South 89© 52' 45" East, 56.25 feet; North 0° 07' 15" East, 1.11 feet; South 89© 52' 45" East, 112.50 feet; South 0© 07' 1 South 89© 52' South 0© 07' 1 South 89© 52' South 0© 07' 1 5" West, 2.45 feet; 45" East, 56.25 feet; 5" West, 1.97 feet; 45" East, 56.25 feet; 5" West, 2.77 feet; (Continued on next page) 12. Y PARCEL P (Continued) Thence South Thence South Thence South Thence South Thence South Thence South Thence South Thence North Thence South Thence South Thence South 89© 52' Thence North 0© 07' 1 89© 52' 45" East 56.25 feet; 0° 07' 15" West 2.63 feet; 89° 52' 45" East 56.25 feet; 0° 07' 15" West 1.87 feet; 89© 52' 45" East 56.25 feet; 0© 07' 15" West 2.61 feet; 89© 52' 45" East 51.19 feet; 36© 10' 13" East 8.55 feet; 89© 52" 45" East 15.03 feet; 39© 16' 51" East 7.91 feet; 45" East 95.71 feet; 5" East, 3.34 feet; Thence South 89© 52' 45" East, 90.99 feet to a point of the easterly line of Parcel "B" as described in document recorded on December 24, 1996 as Document No. 19960471326, Official Records of said County; Thence South 0© 07' 15" West, 8.31 feet along said easterly line to a point on the north line of 4th Street as described in document recorded on December 24, 1996 as Document No. 19960471325, Official Records of said County; Thence South 89° 01' 59" West, 746.31 feet along said northerly line to an angle point. Said point also being a point on the northerly line of 4m Street as described in said document recorded in Book 7361, page 659, Official Records of said County; Thence North 89© 52' 45" West, 264.48 feet along said northerly line to the TRUE POINT OF BEGINNING. Said parcel contains approximately 22,033 square feet (0.51 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. Prepared by: Lockman I & I Associates CONSULTING ENGIbIEERS AND PLANNERS 10281-A Trademark Street Rancho Cucamonga, CA 91730 TEL (909) 944-6988 FAX (909) 948-8508 Ronald A. Musser, L.S. 4230 /=2 5' F PREPARED IN THE OFFICE OF LOCKMAN I&l ASSOCIATES 10281-A T~ADEMARK STREET RANCHO CUCAIdONGA. CA TEl. (909) g44-6988 tax DRAWN BY: EXHIBIT "B" LANDSCAPE EASEMENT PARCEL IDENTIFICATION EXHIBIT R.V,O. DATE: 09/16/1997 SHEET: 1 OF 11 SCALE 1' = 50' 30' 0 0 I t O v PA ReEL H ~ Are~ = 172 ST 12' DATA TABLE P~INT H ~d POINT OF B~'G~NNING 54' JO' PREPARED IN THE OFTICE OF T.OCZC . Z',T I&l CONSULTII~IG ENG;iI~I~ER8 end PLANI~L~R8 10251-A TRADEMARK STREET RANCHO CUCAMONGA, CA 91730-$852 TEL (909) 944--6988 FAX (909) 94.~-8508 EXHIBIT "B" PARCEL H - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES D~WNBY: I~.v.o.ID,T[: O$/16/19971SH[Cr: 2orl, /z? SCALE 1'= 40' 40' POPPYFIELD - 24' 0 0 12· i.--- PARCEL I Are~=~44.Sc POINT/ COURT DATA TABLE Bm~rtng Dl~t~znc~ I N 00~5~I* W I70,00' J N ~5~1' W I74.~' '¢ CS 4230 EXHIBIT "B" PARCEL I - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES ,Y: ,.v.o. I O,T~: o,/,,/,,,, I'"m': ~ or SCALE 1" = 4.0' O' 4.0' DATA TABLE 2 N ~* E JO' I"--- PARCEL d Area = 395 SF MORNING BREEZE -~' DRIVE - P~NI' J owd + ~ ~'~~N EARTHSiDE COURT PREPARED IN THE OFFICE OF LOCKMAN I&l ASSOCIATES CONSULTING ENGINEER8 and PLANNERS 10281-A TRADEIdARK STREET RANCHO CUCAMONGA. CA 91750-,5852 TEL (909) 944-6988 FAX (909) 948-8508 EXHIBIT "B" PARCEL J - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES .y: ,.v.o. I °ATE: 0,/,,/,''7 I S.E~= ,, Or SCALE 1'= 4¢ 40' ~ ]N T~RS~-C7~ON GOLDEN OAK t~OAD MORNING Bt~'['Z[- Df~I~L H~R~SIDE .~,,~ COURT DATA TABLE I 22'~" 1~ ~' 47~' 9~ ~' 2 N ~5~I* W 9~ 15' 3 U 74~'~*E ~' 4 66~6~ 2~26' ~' 1~14' ~ N ~I'~*E ~' 7 N 21'43~" E ~ I1' 8 N ~2I~" W 2Z39' I0 N I27926' W 3ZII' II N 1671~I" W ~' I2 ~2'I3' 3~24' ~' ~.~' I3 N 78'4~32" E 21.4~ i"--- PARCEL 0 Area = 2805 SF .-. BUTTONWOOD ,, co,,., PREPARED IN THE OFFICE 01r CONSULTING EHGINF. ER~ ~ PLANNF. R$ 10281-A TRADEMARK STREET RANCHO CUCAMONGA, CA 91730-58S2 TEL (909) 944--6988 tAX (909) 948-8508 EXHIBIT PAECEL 0 - EASEMENT for lANDSCAPE MAINTENANCE PUEPOSES DATA TABLE Oe~rlng Ol~nce I ~'I8' II. 6~ ~' ~' 2 N 4~4" W 47~' 81,~' 3 I9¥7~4 ° 4 N 49~T6~6" E 5 72~7,5~o 6 N 48'01~2" w 7 N 36~7,3J" w 9 I0 N 48'46'48"w 1I N 19~I'I9' w 12 N 48'31~° W 162.29' 2~.I0' 2.I87' 54..57' 31.42' 2&00' 59.45' 671' 74.4~' 5,00' I 4~ 25 ' Z60' EXHIBIT "B" PARCEL N - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES DRAWN BY: R.V.O. D&TE: 09/16/1997 SHEET: 6 OF' 11 Areo= 687 60' DATA TABLE O~1to / Z~ng~h / Rod/us ~Hng I 15'35~* I4~.44' 6~' 7~06' 4 N ~2'15' W 2~42' 6 N ~5" ~ ~2~' 7 ~4~' 6~' 60~' ~' 8 N 6~5'~" W ~9~' PREPARED IN THE OFFICE OF LOCKMAN I&l ASSOCIATES CONSULTING ENGI!~r=ERS a~l P~.ANNER8 ~ o28~ -^ T;^O;UARK s-rRr~r R~CHO CUCAMO~. ~ 91730-5~2 EXHIBIT "B" PARCEL K - EASEMENT for LANDSCAPE MAINTENANCE PUEPOSE$ ,,: ,.v.o. I oAT~: o,/,,/,,o71 s,E~: 7 OF ,, /3Z . ~ ~ ...... ~ INTERSEC7~ON \ ..-" GOLDEN OAK ROAD TABLE 14~5" 15Z ~I' ~0~ ~' ~ 15' I4~" W ~ 74' ~2~" W ~' 02~" W I~2' SHADOWGROVE S B~'~5'IB' W Rad POtNT £ ~d POINT 0~' ~NNhq~ DRIVE PREPARED IN TH£ OFFICE OF LOCKMAN I&l ASSOCIATES RANCHO CUCAMONGA. CA 91730-5852 TEL (909) 944-698.8, F.AX (909) 948-8508 EXHIBIT "B" PARCEL L - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES DRAWN BY: RoV.Oo I D&T[: 0,/16/199'7 I SHEET: . OF' 11 SCALE 1'= 4.0' 4.0' ,/ SHADOWGROVE L DRIVE 0 DATA TABLE ~n~ Dlsf~nc~ I N 00~775" £ 2DI./J' 2 N ~"E ~.~' 3 N ~4~6' W I~' 4 N ~15' E 1~' 5 N 1~9'42" W 2~' 6 N 74"47~' W ~' /---- PARCEL M Areo= 3~ SF GLENAIR~ COURT 6'6' POINT M m~d I POtNT 0~' SPRINGBROOK COURT PREPARED IN THE OFFICE Or LOCKMAN I&l ASSOCIATES CON8ULTING ENGINEER8 and Pt. AI4NER$ 10281-A TRADEMARK STREET RANCHO CUCAMONGA, CA 91730-5852 TEL (909) 944-658~ FAX (909) 948-8508 EXHIBIT "B" PARCEL M - EASEMENT for' LANDSCAPE MAINTENANCE PURPOSES 50' T!~E ~NT 0~' ~'GINNING GOLDEN OAK ROAD + (formerly Briarwood Sfreet(~ l 7Z. 72'---- ~oo' · 50' 50' NORTH LINE OF 4th STREET PER 736~/659 O.R. ~ 2~J6' -,, PA ~OEL P ~ A~ = 2~0~ SF 2~ 49' -, - 28.51~ _ NOR~ UNE OF ~ ~th S~EET PER 1~6047~2~ 0.~ Varim~ 50' Voiles SEE SHEET PR[PARED IN ~ OF~CE OF CONS~G ENG~ER~ ~ ~A~8 I0281-A ~ADEMARK ~RE~ ~CHO CUCA~N~, CA 91750-5~2 ~L (9~) 944-69~ FAX (909) DATA TABLE 0 DelCo' / £mn~/h /Rad/us T~n~,mn! ~or~ng O/m~ncm 5 N ~15" ~ 9~39' 6 ~' ~42' I~' l~' 8 N ~15" ~ 4.28' I0 N ~I5" E ~' ~2 N ~15" E 1.15' 15 N ~2'~' W ~25' 14 N ~15" E ~02' 16 N ~I5" E ~0I' 21 N ~'~" W ~25' 39 N ~9" E 7~51' EXHIBIT 'B" PARCEL P - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES PARGEL P --... NORTH U/~E OF----~ ~th STREET PER 1RgB0471325 OR. DATA TABLE 2! N 89:~2'4,5" If' 5~.25' 22 N ~7'15' E 1,9~ 23 N ~2'~" W ~25' 24 N ~7'I5' E ~ 7~ 25 N 89~'~" W ~25' 26 N ~7'15' E 27 N 89~'~5' W ~2~' 28 N ~7'15' E 29 N 89~'45" W ~25' ~ N ~I5' ~ ~6I' 31 N 89~2'~* W 5L 19' 32 N ~0'1~* E ~' ~ N 39~6~1" W ~91' ~ N 89~'~" W 9~71' ~ N ~7'I5" E ~3~' ~ N ~'~" W ~99' ~ N ~7'15" E ~31' 39 N ~I~9' E 7~3~' Varies 50' VanEs OF PARCEL B PER 19960471526 OR. PREPARED IN THE LOCKMAN I&l ASSOCIATES CONSIR. TING ENGINEER8 a~d Pt. ANNER$ 10Z81-A mADEMARK STREET RANCHO CUCAI, IONGA, CA 91730-5852 ~L (909) 944-6e~ tAX EeoC) 948-e~0~ EXHIBIT "B" PARCEL P - EASEMENT for LANDSCAPE MAINTENANCE PURPOSES EXHIBIT "A" LEGAL DESCRIPTION LANDSCAPE MAINTENANCE EASEMENT PARCEL H That portion of Lots 1 8, 23, 26 & 31 in Section 15, Township 1 South, Range 7 West, S.B.M of the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California as recorded in Book 4, page 9, of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the intersection of the easterly line of Golden Oak Road (formerly Briarwood Street) as described in document recorded on May 6, 1997, as Document No. 19970159785, Official Records of said County with the north line of 4th Street, (83 feet wide, 50 feet north side and 33 feet south side) as described in document recorded in Book 7361, page 659, Official Records of said County; Thence following fifteen (15) courses along the easterly line of said 'Golden Oak Road (formerly Briarwood Street) as follows; Thence North 48° 41' 36" West, 31.89 feet; Thence North 0° 07' 15" East, 152.87 feet to a point hereinafter referred to as "Point M"; Thence North 0° 07' 15" East, 251.13 feet; Thence North 89° 52' 45~ West, 3.00 feet; Thence North 0° 07' 15" East, 25.22 feet to the beginning of a curve concave southwesterly and having a radius of 605.00 feet; Thence northerly 14.42 feet along said curve through a central angle of 1° 21' 57" to a point hereinafter referred to as "Point L"; Thence continuing 245.31 feet along said curve through a central angle of 23° 13' 53" to a point hereinafter referred to as "Point K"; Thence continuing along said curve 231.34 feet through a central angle of 21° 54' 31" to a point hereinafter referred to as "Point N"; Thence continuing along said curve 11.67 feet through a central angle of 1° 06' 18"; Thence North 47° 29' 24" West, 249.86 feet to the beginning of a curve concave northeasterly and having a radius of 470.00 feet; Thence westerly and northerly 199.62 feet along said curve through a central angle of 24° 20' 04" to a point hereinafter referred to as "Point O"; Thence continuing along said curve westerly and northerly 186.48 feet through a central angle 22° 43' 59"; Thence North 0° 25' 21" West, 129.66 feet to a point hereinafter referred to as "Point J"; Thence North 0° 25' 21" West, 286.24 feet to a point hereinafter referred to as "Point Thence North 0° 25' 21" West, 260.00 feet to a point herein referred to as "Point H", also being the TRUE POINT OF BEGINNING; Thence North 0° 25' 21" West, 85.00 feet along the easterly right-of-way line of said Go[den Oak Road (,formerly Briarwood Street); Thence North 89° 34' 39" East, 2.00 feet; Thence South 0° 25' 21" East, 87.00 feet; Thence North 45° 25' 21" West, 2.83 feet to the TRUE POINT OF BEGINNING. Said parcel contains approximately 172 square fee.t (0.00 acre) and is shown on Exhibit "B" which is attached herewith and by this reference made a part thereof. 137 RESOLUTION NO. q (~ --' I~ Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDiNG THAT CERTAiN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREiN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZiNG THE CITY ENGiNEER TO SIGN THE QUITCLAIM DEED AND TO PRESENT SAME TO THE COUNTY RECORDER TO BE FILED FOR RECORD A. Recitals (i) The City of Rancho Cucamonga has a fee interest in those certain parcels of real property generally located north of Fourth Street and east of Cucamonga Creek, in the City of Rancho Cucamonga, County of San Bernardino, California, and hereinafter referred to in this Resolution as "said properties." A full, true and complete description of said properties are set forth in that copy of deed attached hereto as Exhibit "A" and by this reference set forth herein. (ii) Califomia Government Code Section 37350 provides as follows: "A City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit." (iii) California Government Code Section 37351 provides in pertinent part, as follows: The legislative body (City Council) may... dispose of, and convey such property for the benefit of the City .... (iv) The Planning Commission of the City of Rancho Cucamonga heretofore made the findings on August 31, 1998, that disposing of said property, as herein contemplated, would be in conformity with the General Plan of the City of Rancho Cucamonga. (v) Said property was acquired by the City of Rancho Cucamonga in fee, for landscaping pedestrian access, storm drain, and public utility purposes the need for which has been superseded by the development of Amended Tract No. 15727 as a private gated community. (vi) Said property constitutes a burden on the City of Rancho Cucamonga and is no longer necessary or convenient for the purposes for which it was acquired. (vii) Conveyance of said property will further the use of said property and benefit the City of Rancho Cucamonga by deletion of a necessity to maintain said property. (viii) All legal prerequisites to the adoption of this Resolution has occurred. RESOLUTION NO. Page 2 B. Resolution NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: correct. All facts stated in the Recitals, Part A, of this Resolution hereby are found to be true and 2. This Council hereby finds that the quit claiming of said property to the persons described in said deed will benefit the City of Rancho Cucamonga. 3. The City Engineer and City Clerk hereby are authorized and directed to execute the deed, a full, true and correct copy of which is attached hereto as Exhibit "A," and cause the same to be recorded forthwith upon adoption of this Resolution. 4. The City Clerk shall certify to the adoption of this Resolution. EXHIBIT A TRACT No. 15727-2 BEING THAT PROPERTY AS SHOWN ON TRACT No. 15727-2 AS RECORDED iN BOOK 266 PAGES 25 THROUGH 27, INCLUSIVE OF MAPS IN THE COUNTY RECORDERS OFFICE, COUNTY OF SAN BERNARDiNO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: LOT A OF SAID TRACT 15727-2. DESCRIBED PROPERTY CONSISTiNG OF 0.02 ACRES, AND IS SHOWN ON THE ATTACHED EXHIBIT B. SCALE t . 30 29 ~ cou~ - Hearthside ~~ .~~,~¢~ Court 60. 00' lOT A TA'A C T No. EXHIBIT B 15727-2 EXHIBIT A TRACT No. 15727-2 BEING THAT PROPERTY AS SHOWN ON TRACT No. 15727-2 AS RECORDED IN BOOK 266 PAGES 25 THROUGH 27, INCLUSIVE OF MAPS IN THE COUNTY RECORDERS OFFICE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: LOT B OF SAID TRACT 15727-2. DESCRIBED PROPERTY CONSISTING OF 0.02 ACRES, AND IS SHOWN ON THE ATTACHED EXHIBIT B. SCALE 1 "= ,.TO' £ 0 T B - TRA C T No. 15727-2 EX~HIBIT B EXHIBIT A TRACT No. 15727-3 BEING THAT PROPERTY AS SHOWN ON TRACT No. 15727-3 AS RECORDED 1N BOOK 267 PAGES 51 THROUGH 54, INCLUSIVE OF MAPS IN THE COUNTY RECORDERS OFFICE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:. LOT A OF SAID TRACT 15727-3. DESCRIBED PROPERTY CONSISTiNG OF 0.03 ACRES, AND IS SHOWN ON THE ATTACHED EXHIBIT B. SCALE 1" ' = 40 54. 94 ' 65. 00' GLENAIRE COURT QO _1 rr ~ 0 10T A TRA G T No. EXHIBIT B 15727-3 EXHIBIT A TRACT No. 15727-3 BEING THAT PROPERTY AS SHOWN ON TRACT No. 15727-3 AS RECORDED IN BOOK 267 PAGES 51 THROUGH 54, INCLUSIVE OF MAPS IN THE COUNTY RECORDERS OFFICE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: LOT B OF SAID TRACT 15727-3. DESCRIBED PROPERTY CONSISTING OF 0.08 ACRES, AND IS SHOWN ON THE ATTACHED EXHIBIT B. SCALE 1" ' = 40 30 24 32 15.51' N8 9 '5 2 '4 5 '~/ 9~. 40' LOT B - TRA C T No. EXHIBIT B 15727-$ E,X' H 1,51 T- '~ ~' ~ oy-E~ /~? RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DEANNEXATION OF CERTAIN TERRITORY FROM THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR AMENDED TRACT MAPS NUMBER 15727-1, 15727-2 AND 15727-3 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. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, the properties described on Exhibit "A" attached hereto and incorporated herein by this reference have previously been annexed to the Maintenance District; and WHEREAS, the owner's decision to amend Tracts 15727-1, 15727-2, and 15727-3 as a private gated community has resulted in a reduction of the public work program areas required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the deannexation of work program areas from the Maintenance District, resulting in a Revised Work Program as described in Exhibit "B" attached hereto. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall continue to be applicable to the territory annexed on October 1, 1997, and February 18, 1998. EXHIBIT ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 CITY OF RANCHO CUCAMONGA /"; ¥oo' COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA PROJECT: EXHIBIT "B" REVISED WORK PROGRAM TRACTS 15727-1, 15727-2 AND 15727-3 STREET LIGHTS: Dist. 5800L S1 --- S2 3 NUMBER OF LAMPS 9500L 16,000L 22,000L 27,500L 10 ......... LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L1 Turf Non-Turf Trees S.F. S.F. Ea. --- Remove Remove * Existing items installed with original project. ASSESSMENT UNITS: Assessment Units By District Tract DU S1 S2 L1 15727-1 51 51 51 51 15727-2 52 52 52 52 15727-3 49 49 49 49 Annexation Date: October 1 and 1997 and February 18, 1998 Revision Date: September 16, 1998 DATE: September 16, 1998 STAFF REPORT TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: BY: SUBJECT: William J. O'Neil, City Engineer Michael D. Long, Supervising Public Works Inspector AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR THE TRAFFIC SIGNAL AND SAFETY L1GHT1NG AT THE INTERSECTION OF ARROW ROUTE AND BAKER AVENUE, IN THE AMOUNT OF $104,650.00 ($91,000.00 PLUS 15% CONTINGENCY) TO BE FUNDED FROM TRANSPORTATION SYSTEMS DEVELOPMENT FUND, ACCOUNT NO. 22-4637-9514 RECOMMENDATION: It is recommended that the City Council a~vard and authorize for execution the contract for ARCHIBALD AVENUE AND FOURTH STREET CORN ER WIDENING, LOCATED AT THE NORTH EAST CORNER OF ARCHIBALD AVENUE AND FOURTH STREET, TO TRANS TECH ENGINEERING, INCORPORATED to be fundeel from Transportation Systems Development Fund, Account No. 32-4637- 9615. BACKGROUND/ANALYSIS: Per previous Council action, bids xvere solicited, received anti opened on August 18, 1998, for the subject project. TRANS TECH ENGINEERING, INCORPORATED is the apparent lowest bidder, with a bid amount of $91,000.00 (see attached bid summary). The Engineer's estimate was $127,000.00. Staff has reviewed all bids received and tbund them to be complete and in accordance with the bid requirements. Staff has completed the requirect background investigation and finds all bidders to meet the requirements of the bid documents. ResEectfullv suNn itted, XVSh~fam J. O Neil City Engineer WJO:MDL:Is Attachment CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS FOR TRAFFIC SIGNALS AND SAFETY LIGHTING AT ARROW ROUTE AND BAKER AVENUE Bids Opened on August 18, 1998 Engineer's Estimate= S127,000.00 Item Item Unit of No. Description Measure 1 Traffic Signal & Safety Lighting LS Estimated Quantity 1 Transtech Engineering Total Bid $91,000.00 Item Item Unit of No. Description Measure 1 Traffic Signal & Safety Lighting LS Estimated Quantity 1 Computer Service Co. Total Bid $112,430.00 Item Item Unit of No. Description Measure 1 Traffic Signal & Safety Lighting LS Estimated Quantity 1 New West Signal Total Bid $I 14,765.00 Item Item Unit of No. Description Measure 1 Traffic Signal & Safety Lighting LS Estimated Quantit)' 1 Peek Traffic Total Bid $114.975.00 LOCATION MAP FOOTHILL ARROW PROJECT ~~~- LOCATION ROUTE BLVD. NOT TO SCSI; 9th STREET STREET CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 16, 1998 TO: FROM: BY: SUBJECT: Mayor, City Council Members Jack Lam, City Manager, AICP Kevin McArdle, Community Services DirectO~ Nettie Nielsen, Recreation Supervisor APPROVAL TO AWARD CONTRACT TO PAGEANTRY PRODUCTIONS FOR SERVICES FOR THE 1998 FOUNDER'S DAY PARADE 1N THE AMOUNT OF $7,558.11 RECOMMENDATION: That the City award the contract for the services specified below for the 1998 Founder's Day Parade to Pageantry Productions in the amount of $7,558.11 BACKGROUND AND ANALYSIS: Each year the City hosts the Annual Founder's Day Parade on the second Saturday in November. Thousands of residents line Base Line Road to view over 150 entries that include bands and drill squads, equestrian groups, floats, youth organizations, and novelty acts. This year the parade is scheduled for Saturday, November 14 at 9:30 a.m. The theme for the Parade is "American Pride: A Tribute to Our Veterans." The City has contracted for the past seven years with Pageantry Productions, a Long Beach special events firm. Pageantry provides the following services to the City: design and mailing of parade applications, receipt of all entries, parade line up, script, awards, judges, automobiles for dignitaries, announcer and public address system for main reviewing stand, provides staff on parade day in the formation area and coordinates all aspects of the parade with the City. City staff makes all the logistical arrangements for the parade (street closures, police, resident notifications, etc.) Pageantry Productions is a professional business devoted to parade management. Their level of expertise and connections make them the ideal choice for the City. Our working relationship with them in the past has been exemplary. The Contract details other aspects of the agreement. Fiscal Impact: The amount of the contract, $7,558.11 is included in the Community Services General Fund (01) Budget for Fiscal Year 1998/99 Respecy0ally submitted,/~ Kevin[McArdle Community Services Director PARADES/FEST~/ALS SEPTEMBER 2, 1998 MAIN OFFICE CITY OF RANCHO CUGAMONGA ! ! 904 LONG BEACH BLVD. ATTFNTION: NITTIE NIELSEN. LYNWOOD, CA 90262 RECREATION SUPERVISOR (310) 537-4240 RE:ANNUAL FOUNDERS DAY PARADE AND CELEBRATION FAX (33, 0)63 ~_- 1~. 34 PARTIES/CONVENTIONS PROP SHOWROOH 11680 WRIGHT ROAD LYNWOOD, CA 90262 (310) 632-5600 FAX (310) 632-3304 We at Pageantry Productions hereby agree to assist the City of Rancho Cucamonga in producing their Annual Founders Day Parade and Celebration on Saturday, November 14, 1998. We agree to assist you with the use of our most up to date mailing list to obtain entries for the day of parade. 1 1 1 1 '1 1' We at Pageantry will provide the following: 6' Musical Sweepstakes Award Grand Marshal Award Division Marshal or Featured Rider Awards (if necessary) Float Sweepstakes Award Mayor's Award Tall Flag Sweepstakes Ddll Team Sweepstakes Equestrian Sweeps. takes ~. City Award All necessary 1st, 2nd, 3rd place awards for. up to 45 classes .. 4th and 5th place awards in band classes F.M. communications for day of parade All necessary participant vehicles passes All necessary unit numbers and pins for day of parade Staff for parade check-in, formation and parade starter A Pageantry representative to attend all necessary parade meetings Printing of one color parade applications Postage for mailing of applications, letters of acceptance and rejections Obtain & Provide 8 Vehicles for Dignitary Use Provide 8 sets of signs for Dignitary vehicles. Contact & Arrange for Southern Califomia School Band and Orchestra Association & A Professional Equestrian Judge. (Make city aware of costs of above judges fees and how to make out checks to pay for fees, checks to be delivered to Pageantry personnel on morning of parade.) Pageantry Staff will: Mail all applications Process all returned applications Prepare and mail all letters of acceptance, parade maps and passes Answer all calls to our office from participants, judges, and local agencies Supply parade judges will all necessary paperwork Formulate parade line-up Write parade script Provide necessary line-ups and maps for day of parade Provide award sheets for parade judging results Provide all necessary directional sign.s for f?rmation area In addition Pageantry will provide the Annual Founder's Day Parade and Celebration with an upgraded trophy package..This will 'provide you with the oversized class trophies that are larger then our standard package. We will also provide rosette style, 3 streamer ribbons, in keeping with the theme of the parade for City Staff and Parade Dignitaries (up to 50 pieces) and Participant Ribbons for Youth Parade up to 2000 pieces. TOTAL COORDINATING PACKAGE AND SERVlCES...$ 7,758.11 155 CITY OF RANCHO CUCAMONGA RE: ANNUAL FOUNDERS DAY PARADE AND CELEBRATION You hereby agree to perform the following: Parade Pre-Hosting for Dignitaries Portable restrooms in the formation, disbanding and judging areas Distribute applications to local entries Distribute all press releases to local newspapers Act as liaison between local service clubs, businesses, city agencies and Pageantry Acquire the Parade Grand Marshal Clear all necessary permits, routes and facilities Arrange for adequate reviewing and judging stands, with electrical power, tables and chairs for day of parade Supply additional staff manpower day of parade Arrange for parade announcers Arrange and carry necessary insurance Arrange for Awards Ceremony area with (2) 8' tables and P.A. system Coordinate for all formation, parade route and disbanding areas to be posted with 'no parking' signs Provide portable restrooms in the formation, disbanding and judging areas WE PROPOSE TO FURNISH LABOR AND MATERIALS - COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS, AND SUBJECT TO CONDITIONS FOUND IN THIS AGREEMENT FOR THE SUM OF: SEVEN THOUSAND SEVEN HUNDRED FIFTY EIGHT DOLLARS & ELEVEN CENTS ($7,758.11 ) PAYMENT AS FOLLOWS: PAYMENT IN FULL DAY OF PARADE, NOVEMBER 14, 1998 ACCEPTED. The above prices, specir~,ations and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. BY: RESPECTFULLY SUBMITTED WORLD WIDE SPECTACULARS, INC. _.,~a PAGEANTRY PRODUCTIONS DATE OF ACCEPTANCE BY BY SUMMARY OF COSTS COORDINATING SERVICES PRINTING PARADE APPLICATIONS POSTAGE FOR MAILINGS & ACCEPTANCE & REJECTIONS 8 VlP CARS O $50.00 EACH 8 SETS OF rIP SIGNS O $12.00 EACH PLUS TAX TOTAL COST $ 6,400.00 $ 475.00 PLUS $ 39.19 TAX $ 340.00 $ 400.00 $ 96.00 PLUS $ 7.92 TAX $ 7,758.11 NOTE: TOTAL COST MAY CHANGE IF MORE (OR LESS) DIGNITARY CARS AND SIGNS ARE NEEDED. CJT¥ OF RANCJ{O STAFF REPORT DATE September 16, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer,s~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 12854, LOCATED ON THE WEST SIDE OF EAST AVENUE, BETWEEN CATALPA AND VICTORIA STREETS, SUBMITTED BY STYLE HOMES COMPANY, L.P. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution. accepting the subject agreement and security extension and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS: Improvement Agreement and Improvement Securities to guarantee the construction of the public improvernents for Parcel Map 12854 were approved by the City Council on September 19, 1990, as follows: Certificate of Deposit tbr the Faithful Performance Bond in the amount of $16,373.00 Certificate of Deposit ~:br the Labor and Material Bond in the amount of $8,186.00 The developer, Style Homes Company. L.P., is requesting approval ofa 12-month extension on said improvement agreement. Copies of the Improvement Agreement and Securities Extension are available in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is CITY OF RANCHO CUCAMONGA ENGI~G DIVISION m~ p~ l~ g £L /vl R P ~ VIPlN/TY N /Z~Sq I~Ap RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 12854 WHEREAS, the City Council of the City of Rancho Cucamonga. Calitbrnia, has for its consideration an Improvement Agreement Extension executed on September 16, 1998, by Style Homes Company, L.P., as developer, tbr the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of East Avenue, between Catalpa and Victoria Streets: WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof} is to be done in conjunction with the development of said Parcel Map 12854; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW. THEREFORE. the City Council of the City of Rancho Cucamonga. Calitbrnia hereby resolves. that saiid Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. CN'Y OF RANCJIO C{/C~\'M()N( STAFF REPORT DATE: September 16, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineero~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 14644, LOCATED ON CAMELLIA COURT. NORTH OF HILLSIDE AND EAST OF BERYL, SUBMITTED BY JORGE GARCIA RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, accepting the subject agreement and security extension and authorizing the Mayor and Git}' Clerk to sign said agreement. BACKGROUND/ANALYSIS: Improvement Agreement and Improvement Securities to guarantee the construction of the public improvements for Tract 14644 were approved by the City council on June 4. 1992, as f~llows: Faithfid-Pertbrmance Bond No. 1210180 in the amount of 585.000.00 The developer, Jorge R. Garcia, is requesting approval ofa 12-month extension on said improvement agreement. Copies of the Improvement Agreement and Securities Extension are available in the City Clerk's office. City Engineer WJO:LRB:Is Attachment Y VIOINITY MAP CITY OF RANCHO CUCAMONGA ENGIN~~G DIVISION TRACT 14644 N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14644 WHEREAS, the City Council of the City of Rancho Cucamonga, Califbrnia, has for its consideration an Improvement Agreement Extension executed on September 16, 1998, by Jorge Garcia, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on Camellia Court. north of Hillside and east of Beryl. WHEREAS, the installation of such improvements. described in said Improvement Agreement and subject to the terms thereof: is to be done in conjunction with the development of said Tract 14644; and WHEREAS, said improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, ~vhich is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are herebs; approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. C'i i'Y ()F RANCt tO CI.~CAMONGA RB ORT DATE: September 19. 1998 TO: Mayor and Members of the City Council Jack Earn, AICP, City Manager FROM: William J. O'Neil. City Engineer BY: Linda R. Beek. Jr Engineer~ SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR PARCEL MAP 15029, LOCATED ON THE EAST SIDE OF CENTER AVENUE, NORTH OF FOOTHILL BOULEVARD RECOMMENDATION: The required improvements tbr Parcel Map 15029, have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to accept a Maintenance Bond and release the Faithful Perl:brmance Bond. BAC KG RO UN D/ANA LYS I S: As a condition bf approval of completion or' Parcel Map 15029. located on the east side of Center Avenue, north of Foothill Boulevard, the applicant was required to complete street improvements. It is recommended that City Council release the existing Faithful Perthfinance Bond and accept the Maintenance Bond. Developer: Deer Creek Partnership A Calitbrnia General Partnership Release: Faithful Pertbrmance Bond P2679881 $253.400 Accept: rvlaintenance Bond P2679881 $ 25,340 Respectfully submitt_ed. Willi~'~: J. O'Neil City Engineer VICINITY MAP 9 ~ 7 6 ,~IAP 1.6'0p9z / ./ FOO7'Htl I ~ I I CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ITEM: TITLE: Vicinity Map Parcel Map 15029 RESOLUTION NO. 9 5?-/'76 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS, RELEASING THE FAITHFUL PERFORMANCE BOND AND ACCEPTING A MAINTENANCE BOND FOR PARCEL MAP 15029, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS. the construction of public improvernents l:br PARCEL MAP 15029, have been completed to the satisfaction of the City Engineer; and WHEREAS. a Notice of Completion is required to be filed. certifying the work complete. NOW THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to si~n and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF P, ANCI t() CUCAMON(iA STAFF REPORT DATE: September 16, 1998 TO: Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: SUBJECT: Linda R. Beek, Jr. Engineer~_~ ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 14072. LOCATED AT THE SOUTHWEST CORNER OF HIGHLAND AVENUE AND JASPER STREET, SUBMITTED BY DIVERSIFIED PACIFIC HOMES, LTD. RECOMMENDATION: The required improvements lbr Tract 14072, have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to accept a Maintenance Bond and release the Faithful Pertbrmance Bond. BACKGROUnD/ANALYSIS: As a condition of approval of completion of Tract 14072. located at the southwest corner of Highland Avenue and Jasper Street. the applicant was required to complete street improvements. It is recommended that City' Council release the existing Faithful Perlbrmance Bond and accept the Maintenance Bond. Developer: Release: Accept: Diversified Pacific Homes, Ltd. Faithful Perfbrmance Bond #428228S $340,677 Maintenance Bond #428228S $34.067 Respectfully submitted, William J. O'Neil City Engineer WJO:LRB:Is VICINITY MAP HIGHLAND AVE. 10 11 12 13 14 TRACT NO. 7 6 5 4 3 HUNTER DRIVE 14072 16 17 19 20 21 22 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA Tract No. 14072 RESOLUTION NO. q (~- t '~"] A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14072, AND AUTHORIZING THE FILiNG OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS. the construction of public improvements Ibr Tract 14072, have been completed to the satisfYaction of the City Engineer; and WHEREAS. a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE. be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. CITY OF tLANCHO CUCAMONGA -- STAFF RFPORT DATE: TO: FROM: BY: SUBJECT: September16, 1998 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Thomas Grahn, AICP, Associate Planner CONSIDERATION OF DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC. - The appeal of a Planning Commission decision to approve a design review of the detailed Site Plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621- 01 through 35. RECOMMENDATION Staff recommends that the City Council deny the appeals filed in opposition to the project and uphold the decision of the Planning Commission approving the development review application. BACKGROUND The subdivision of Tract 14771 was originally approved by the Planning Commission on November 14, 1990, and the final map was approved by the City Council on October 15, 1997. A previous design review application for the project site (DR 97-11) was approved by the Planning Commission on July 9, 1997; however, the application was appealed to the City Council and subsequently denied on September 3, 1997 (see Exhibit "F"). Since that denial, the applicant significantly revised the project and submitted a new application for consideration. On August 12, 1998, the Planning Commission approved Development Review 98-13 for the development of the 40 lots within Tract 14771. Following Planning Commission approval of Development Review 98-13, two separate appeals were filed contesting the project approval thereby requesting City Council consideration. The first appeal was filed by Jack Rubens, from the law office of Shepard, Mullin, Richter and Hampton representing the Haven View Estates Homeowners Association and Rancho Cucamonga V- Haven View Estates Homeowners Association. The second appeal was filed by Malissa McKeith, from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion (CURE). ANALYSIS The appeal letter filed on behalf of the Haven View Homeowners' Associations includes a letter submitted at the August 12, 1998, Planning Commission meeting as an attachment (see Exhibit "A"). The issues presented in that letter are addressed in the following analysis first identified by the appellant, followed by a staff discussion. CITY COUNCIL STAFF REPORT DR 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC. September 16, 1998 Page 2 1. The proposed project is inconsistent with the General Plan. The issue of General Plan compatibility was reviewed with the previous application. It continues to be the view of both staff and the City Attorney that the project site was zoned to conform to the General Plan land use designation. The development~ review application is premature under the development code and must be denied. The Development Code establishes procedures for New Applications Following Denial under Section 17.06.010(G) and states "Following the denial of a Development Review application, no application for the same use or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial." The various sections of the Development Code addressing New Applications Following Denial (e.g., CUP, DR, MDR, etc.) contain the same basic language. This requirement prevents the applicant from submitting the same application over and over without revising the project. As the project site contains 40 single family residential lots, the focus of the staff evaluation for whether or not a revision occurred centered on a revision to the project architecture. It is the opinion of the staff that the project architecture has been substantially revised from the previous application and has been determined to be a new application; therefore, this section of the Development Code is not applicable. Issues not submitted with application: natural features map, cut and fill map, conceptual draina.qe and flood control facilities map, slope analysis and slope profile map, soils report, statement of conditions for ultimate ownership. Application Filing Requirements for Hillside Development Regulations' are contained in Section 17.24.030 of the Development Code. Included within that section is the ability of the City Planner to make exceptions to the filing requirements. As the project is tied to the previously approved Tract 14771, for which all filing requirements were submitted, it was determined that certain filing requirements were not applicable as they contained an unnecessary duplication of existing material. In any event, the natural features map, cut and fill map, conceptual drainage and flood control facilities map, and slope analysis and slope profile map were submitted and approved with Tentative Tract 14771. Conditions of approval for Tract 14771 require the submission of a Soils Report during the grading plan check of the project. The statement of ultimate ownership and maintenance are contained in the CC&R's that were recorded with the tract map. 4. The Technical Review Committee Failed to Review DR 98-13. This application is not subject to review by the Technical Review Committee. The Hillside Development Regulations establish that "All projects within a hillside area ... shall be subject to Grading Committee and Design Review Committee review with approval by the City Planner, or Planning Commission .... "Additionally, as a department policy, development review applications for an approved tentative map are only subject to review by the Grading Committee and Design Review Committee, and not the Technical Review Committee. CITY COUNCIL STAFF REPORT DR 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC. September 16, 1998 Page 3 5. The proposed houses are still not compatible with the surroundin.q properties. The attached Planning Commission staff report identifies changes that have been incorporated into the project design. In paraphrasing the Council direction, it was identified that the denial focused on two primary concerns: not enough floor plans and not enough variety in the elevations. Staff evaluated the project and determined that the project has been revised to meet the concerns as noted. The letter submitted by the appellant identifies that the project is not compatible because they feel there are only four floor plans. What they are not considering is that there is more to a building footprint than a simple outline of the living spaces. When evaluating the project floor plans, one has to consider all aspects of the structure including living spaces, garage area, porte cochere, etc. for a total building footprint that varies substantially throughout the project. Additionally, when considering all the differences in building footprints including cross lot versus downhill foundations, reverse footprints, the number of garages, and garage door orientation, there are actually 15 different building footprints. The project architecture was revised to include two additional architectural styles, for a total of 5 architectural styles for the project. When taken into account with specific architectural features, exterior color schemes, building materials, garage orientation, roof design, roof styles, entry decks and portals, there are significant variations that affect the appearance of the homes. The approval of development review based on the 1990 Neqative Declaration would violate CEQA. This issue was reviewed with the previous application. Staff affirms its position that there have been no new environmental issues that warrant further review and that the matters that have been brought up have no logical relation to the design review application. CORRESPONDENCE The property was posted, and notices were mailed to all property owners within a 300 foot radius of the project site and to all property owners within Haven View Estates. City Planner BB:Is Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" - Letter of Appeal, dated August 19, 1998 - Letter of Appeal, dated August 22, 1998 - Planning Commission Staff Report, dated August 12, 1998 - Planning Commission Resolutions No. 98-55 and 98-56 - Planning Commission Minutes, dated August 12, 1998 - City Council Minutes, dated September 3, 1997 Resolutions of Approval 171 (213) 617-4216 jrubens~smrh.com SHEPPARD, MULLIN, RICHTF'R (~ HAMPTON,._:;, ATTORNEYS AT LAW FO~TY-=-IG HTH FACSIMILE (2. L3) ~20-1398 August 19, 1998 ORIGINAL POOR QUALITY HAND DELIVERED RECEIVED Rancho Cucamonga City Council City of Rancho Cucamonga 10500 Civic Center Dr/ve Rancho Cucamonga, California 91730 AUG 2 0 1998 L;I'FY OF RANC;~O r,~ ,,',. .. CiTY CLERK Re: Development/Design Review (DR 98-13) for the Lauren Development Project - Tract No. 14771 Honorable Mayor and Councilmembers: This f'u-m represents the Haven View Estate Homeowners Association and Rancho Cucamonga V-Haven View Estates Homeowners' Association (the "Homeowners"). On August 12, 1998, the Rancho Cuca_monga Planning Commission approved two Resolutions with respect to Development Review 98-13 ("DR 98-13"), one of which approved DR 98-13 and the other of which determined that no subsequent environmental review was necessary for DR 98-13 (collectively, the "Resolutions"). On behalf of the Homeowners, we hereby appeal the Planning Commissions' approval of DR 98-13, which includes, without limitation, the Planning Commissions' approval of the Resolutions. The reasons for this appeal are set forth in our letter dated August 12, 1998 to the Planning Commission, a copy of which is enclosed for your convenience. /7,,l SHEPPARD, MULLIN, F~tCHTEFR &, HAMPTON LLP Rancho Cucamonga Ciw Council August 19, 1998 Page 2 Enclosed is a check payable to the City of Rancho Cucamonga in the amount ofS126.00 to cover the cost of the appeal. Please advise us when a heating date for this appeal has been scheduled for the City Council. Very truly yours, for SHEPPARD, MULLIN, RICHTER & HAzMPTON LLP L.A2:LRE',.LETWCD' I 1137506.1 Enclosure cc: Haven View Estates Homeowners Association Rancho Cucamonga V-Haven View Homeowners' Association 17.3 W~IT~:~'~ I~I~T LINE (213) 617-4137 SHF'PPARD, MULLIN, RICHTER 333 SOUTM k~OPE ~OS ~N~L~5. ~U~O~NIA ~O071-~ August 12, 1998 OUR FILE VIA HAND-DELIVERY Rancho Cucamonga Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 R.e: Development/Design Review (DR 98-13) For The Lauren Development Project- Tract No. 14771 Honorable Chairman and Commissioners: This f-u-m represents the Haven Vie~v Estates Hom'eovmers Association and Rancho Cucamonga V-Haven View Estates Homeowners' Association ("Homeowners"), which consist of residential property owners who live directly adjacent to a 26-acre parcel of land (the "Lauren Development Property") which Lauren Development seeks to develop with 40 single-family homes (the "Project"). Lauren Development has submitted an application for Development/Design Review ("DR 98-13") and for review under the City's Hillside Development Regulations (collectively, "Development Review"). The purpose of this letter is to set forth the Homeov, ners' objections to Development Review approval for the Project. SUMb~&RY The Homeowners object to Development Review approval for the following reasons, each of which are discussed in more detail below: The proposed Project is inconsistent with the three separate open space designations for the Lauren Development Property in the City's General Plan and thus, Development Review approval must be denied pursuant to Development Code Section 17.06.010F(1). The General Plan maps and diagrams clearly depict the Lauren Development Property as Open Space under the Land Use Element category of "Flood '~.o S SHEPPARD, MULLIN, ~ICHTER & HAMPTON Rancho Cucamonga Planning Commission August 12, 1998 Page 2 Control/Utility Corridor" and the Open Space Element categories of "Flood Control Lands" and "Streamside Woodland and Water Recharge Area." In fact, the City's own staff has repeatedly found that the Lauren Development Property was designated as Open Space under the General Plan. Under the General Plan, Open Space land cannot be developed to a density greater than one dwelling unit per 10 acres. Here, the request for approval for 40 dwelling umts is inconsistent with and obviously violates the density limitations of the General Plan which would only allows two dwelling units on the Lauren Development Property. 2. Under Development Code Section 17.060.010G, "following the denial of a Development Review Application, no application for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial." Here, the City Council denied the applicant's f'LrSt Development Review Application (DR 97-11) on September 3, 1997. But, Lauren Development has submitted a new application for precisely the same use (40 single-family homes on 25.35 acres) on the exact same site on April 21, 1998 and June 2, 1998, less than one year after September 3, 1997. Indeed, City' staff concedes the present application is for the same use. -- 3. Lauren Development's application does not satisfy the requirements of the Hillside Development regulations. See, Development Code § 17.24.030. Among other things, Lauren Development failed to provide the City with any of the following prior to our delivery of this letter: a natural features map, a cut and fill map, a conceptual drainage and flood control facilities map, slope analysis and slope profile maps certified by a civil engineer, a geologic and soils report, or a statement of conditions for ultimate ownerskip. 4. The processing of Lauren Development's Development Review Application violates the City's Development Code, specifically, Sections 17.06.010E(2) and (4). At the Design Review Comm/ttee hearing on August 4, 1998, we were informed that, contrary to the Development Code, there would be no review by the Technical Review Committee of tiffs application. 5. The design of the proposed 40 homes is still not compatible with the surrounding properties and suffers from the same defects identified by the City Council in denying design review on September 3, 1997. Contrary to the City Council's mandate, the developer has not provided additional floor plans or more /75 $HEPPARD, MULLIN, RICHTER ~ HAMPTON -b~' Rancho Cucamonga Planning Commission August 12, 1998 Page 3 elevations. Rather, these are essentially the same homes that were proposed and rejected last September. 6. Contrary to the staffs resolution, Development/Design Review concerns far more than just design issues. Here, Lauren Development is proposing significant grading changes to the Project, among other things, which have not been considered by the Grading Committee and which have not been adequately documented for meaningful review by the Planning Commission. Moreover, there are numerous changed circumstances regarding the Project since 1990 and it is clear that the Project itself has significantly changed since 1990. Accordingly, additional environmental review under CEQA is necessary. ANALYSIS A. The Proposed Project Is Inconsistent With The General Plan. The Homeowners have filed a lawsuit challenging the City's approval of the Final Map for the Lauren Development Project because it is flatly inconsistent with the General Plan, in that the Lauren Development Property is designated Open Space under three separate categories in the General Plan which limit the density of development for the proposed Project to two dwelling units.u The trial court did not reach the merits of the Petition in the Final Map Lawsuit, rather, it ruled that the challenge to the Final Map was untimely. That ruling is being appealed. Obviously, there will be no timeliness issue with respect to the Development Review here. And, for the same reasons set forth in the Final Map Lawsuit, the proposed project remains inconsistent with the General Plan. '-' That lawsuit is entitled, Haven View Estates Homeowners Association. ¢t al. v. City of Rancho Cucamonga, San Bernardino County Superior Court Case No. RCV-31906 (the "Final Map Lawsuit"). We hereby incorporate by this reference the entire Administrative Record prepared by the City for the Final Map Lawsuit, the Supplemental Administrative Record prepared by the Homeowners, 'as well as all pleadings in the Final Map Lawsuit. /7¢ SH£PPARD, MULLIN, RICHTER & HAMPTON LLP Rancho Cucamonga Planning Commission August 12, 1998 Page 4 Under Section l 7.06.01 OF of the City's Development Code, Development Review cannot be granted unless the Planning Commission can f'md that "the proposed project is consistent with the General Plan." This is consistent with state law, which requires that all land use approvals be consistent with the General Plan. Citizens of Goleta Valley v. Board of Supervisors, 52 Cal. 3d 553,570 (1990). As set forth in the Final Map Lawsuit, the City has admitted that when the General Plan was adopted in 1981, the Lauren Development Property was "conceptually" Open Space. Similarly, both the Developer and the City admit that, at least up until 1986, the Lauren Development Property was considered "Flood Control Lands" since it was impressed with a County Flood Control District Flood Control Easement over the entire property to protect the Flood Control Levee which forms its southerly boundary. The text in the Open Space Plan element of the General Plan makes it clear that "the three major sources of Open Space in Rancho Cucamonga are the flood control lands, the agricultural lands which may or may not be in active production, and private vacant lands." Because there has been no General Plan amendment with respect to the Lauren Development Property since the adoption of the General Plan in 1981, the original designations of the Lauren Development Property as Open Space continues to this day. By reference to the prominent Flood Control Levee which forms the southerly boundary of the proposed project, it is clear to any reasonable person that the General Plan maps designate the Lauren Development Property as Open Space under three separate categories. The Lauren Property is designated as "Open Space - Flood Control/Utility Corridor" in the Land Use Plan Map set forth in Figure III-1 of the Land Use Element of the General Plan. On Figure III-i of the General Plan the horizontal dashed lines represent the Open Space - Flood Control/Utility Corridor designation. As the Commission can see, the curving southwesterly boundary of this hash mark pattern follows the contours of the prominent Flood Control Levee forming the southerly boundary of the Lauren Development Property. The Open Space Plan Element of the General Plan includes an Open Space Plan Map (set forth ~ Figure IV-4 of the Open Space Plan) that specifically designates the Lauren Development Property under the Open Space categories of "Flood Control Lands and Utility Transportation R.O.W." and "Streamside Woodland and Water Recharge Area." The boundaries of "Flood Control Lands" on the Open Space Plan Map are designated by jagged lines. The entire Lauren Development /77 ~HEPPARD, MULLIN, RICHTFF~ ~ HAMPTON L.,...r' Rancho Cucamonga Planning Commission August 12, 1998 Page 5 Property falls within the large "Flood Control Lands" area in the central northern portion of the Open Space Plan Map. One of the boundary lines for that Flood Control Lands area coincides exactly with the prominent Flood Control Levee located on the southerly border of the Lauren Development Property. Moreover, the Flood Control Map set forth in Figure V-6 of the General Plan further con.firms that the Flood Control Levee is an official flood control feature and that the existing residential developments in Haven View Estates and Rancho Cucarnonga V are separated fi'om the Open Space/Flood Control Lands which comprise the Lauren Development Property by the pronounced Flood Control Levee. The "Streamside Woodland and Water Recharge Areas" on the Open Space Plan Map are designated by dense, black horizontal lines. As with the Flood Control Lands designation, the entire Lauren Development Property is included within a large "Streamside Woodland and Water Recharge Area" in the central northern portion of the Open Space Plan Map. Once again, the southerly border of that area coincides exactly w/th the Flood Control Levee, which is also the southerly border of the Lauren Development Property. And, as set forth in the General Plan, these maps impose a certain pattern on the land and define the spatial dimensions of the Plan. General Plan, p. VI-16. Moreover, the City's own Development Code requires that consistency with the General Plan's Land Use Element be determined by reference tO the Land Use Element Map. Development Code § 17.02.010D. In fact, in the pleadings it filed in the Final Map Lawsuit, the City admitted, without quantifying it, that the Lauren Development Property was at least "partially" designated Open Space in the Land Use Plan Map and "partially" designated Open Space under the two categories in the Open Space Plan Map of the General Plan. Even after fabricating new overlay maps, which manipulate the relevant boundary lines, the very_ best the City could come up with is an overlay copy of the Land Use Plan Map and Homeowners' Tract Map showing that arguably, a small portion of the Lauren Development Properly can be juryrigged into the Very Low Residential Land Use designation on that one map. Significandy, however, the City did not submit any exWdbit overlaying the Open Space Plan Map over Homeowners' tracts. This is because such an overlay would show that al_.! of the Lauren Development Property is w/thin the huge'area constituting Open Space - Flood Control Lands and all but the tiniest sliver in the extreme northwest corner of the property is within the Streamside Woodland - Open Space designation. Thus, even the City has conceded that the vast majority of the Lauren Development Property, is designated Flood Control Open Space on the Land ..~HKPPAFRE), MULLIN, F~ICHTF'FR E,, HAMPTON L'..P Rancho Cucamonga Planning Commission August 12, 1998 Page 6 Use Map, 99% of the properly is designated Streamside Woodland and Water Recharge Area - Open Space on the Open Space Plan Map and 100% of the property is designated Flood Control Lands - Open Space on the Open Space Plan Map. Of course, if the Lauren Development Property is designated Open Space under any category of Open Space in the Open Space Plan then DR 98-13 must be denied. See, GoVt. Code § 65567; Families Unafraid to Uphold Rural E1 Dorado County v. Board of Supervisors, 62 Cal. App. 4th 1332 (1998). In sum, it is manifest to any reasonable person that the proposed Project is subject to three Open Space designations, and even the City concedes that the overwhelming majority of the Lauren Development Property is within the three Open Space designations discussed above. See, Families Unafraid, ~upra, 62 Cal. App. 4th at 1341 (Where general plan inconsistency was "readily apparent" and no reasonable person could conclude otherwise on the evidence, the project must be set aside). Dispositively, the fact that the proposed Project is inconsistent with the General Plan was proved by the City itself. After the Final Map was approved by the City, during the Final Map lawsuit, the Homeowners uncovered three separate staff reports from 1983, 1986 and 1989 in which the same City staff that is processing DR 98-13 xrorrectly found that the Lauren Development Property was designated Flood Control - Open Space. See, Final Map Lawsuit Supplemental Record pp. 1129-47, 1148-55, and 1156-60. As the City Attorney has admonished Homeowners, tiffs contemporaneous administrative interpretation is entitled to great weight. And, the Commission should be aware that the City did not dispute at all that these three staff reports correctly found that the Lauren Development Property was designated Open Space under the General Plan. Nor did the City claim that it was mistaken in reporting the Lauren Properly as Open Space in the three staff reports mentioned above. Of course, without a General Plan amendment, this General Plan designation cannot change. The evidence is overwhelming that the Lauren Development Property is subject to three separate Open Space designations under the General Plan, all of which limit development to two dwelling units here. This evidence consists of the General Plan maps, the General Plan text, the City's own staff reports, and the developer's and the City's admissions. SHEPPARD, MULLIN, ~ICHTER ~, HAMPTON'LL~ Rancho Cucamonga Planning Commission August 12, 1998 Page 7 Finally, the proposed resolution for the approval of DR 98-13 inaccurately states the findings which the Comm/ssion must make to approve Development Review for this project. The proposed project must be consistent with much more than just the "objectives" of the General Plan and Development Code. Both under state law and the City's Development Code, the Commission must find that the proposed project is consistent with the General Plan in its entirety, including "the applicable elements of the City's General Plan." Development Code § 17.06.010E(3)(a). See also, Development Code §{} 17.06.010F and 17.02.010D; Families Unafraid, 62 Cal. App. 4th 1332. There is absolutely no authority to limit the proposed resolution's "objectives" of the General Plan only. Rather, the Development Code refers continually to consistency with the General Plan and General Plan is de£med under the Development Code as "The General Plan of the City of Rancho Cucamonga, including all maps, reports and related plan elements adopted by the City Council." Development Code § 17.02.140. B. The Development Review Application Is Premature Under The Development Code and Must Be Denied. · Development Code Section 17.06.010G provides: "Following the denial of a Development Review Application, n.__~_o application for the same or substantially the same use off-the same or substantially the same site shall b._~e filed. within one year from the date of denial." (emphasis added). "Use" is defined under Development Code Section 17.02.140 as "the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility." Here, it is obvious that DR 98-13 is for the same use - 40 single-family residences on the same 26-acre site. In fact, at the Design Review Committee hearing, Dan Coleman admitted that the use was the same as it was when the Errst Development Review Application was denied on September 3, 1997. This is confirmed by the Design Review Committee Minutes attached as Extfibit H to the August 12, 1998 Staff Report for Deveiopment Review 98-13 ("Staff Report"). See 0.159, Transcript of Design Review Committee hearing of August 4, 1998 attached hereto as Exhibit 1. Since one year has not elapsed from the denial of September 3, 1997, the Planning Commission has no jurisdiction to consider DR 98- 13, which Lauren Development applied for, apparently, on June 2, 1998. SHEPPAF~D, MULLIN, RICHTER ,5, HAMPTON LU~ Rancho Cuca. rnonga Planning Commission August 12, 1998 Page 8 C. The Development Review Application Does Not Satis _fy The Requirements of the Hillside Development Regulations. Development Code Section 17.06.010F(3) requires that the Planning Commission make a finding that "the proposed use is in compliance with each of the applicable provisions of the Development Code .... "As set forth in the Design Review Urdform Application for DR 98-13, the proposed Project is subject to Hillside Development Review under the Hillside Development Regulations. Section 17.24.030 of the Hillside Development Regulations sets forth the Application Filing Requirements for Development Review. This Development Review application fails to comply with numerous of these requirements. Section 17.24.030A requires that the developer submit a natural features map with his Development Review Application. As evidenced by the letter dated April 21, 1998 from Lauren Development to Brad Buller, no such natural features map, with the items required under subsection A, has been provided. Additionally, subsections B(2), C, D, E, F, G, and H, require a colored cut and fill map, a conceptual drainage and flood control facilities map, a slope analysis map, slope profiles, a geologic and soils report, and a statement of conditions for ultimate ownership, respectively.- Again, as evidenced by the April 2 I, 1998 letter from Lauren Development and the City's file for DR 98-13, none of these items were submitted with the application. D. The Technical Review Committee Failed to Review DR 98-13. The City's Development Code, Section 17.06.010E(2) provides in part: "All development proposals submitted pursuant to this section are initially reviewed by the Technical, Design, and Grading Committees: ... (3) Technical Review Committee - compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission or City Planner (if applicable.) (emphasis added). Subsection E(4) of that same section provides that the Technical Review Committee, which consists of, among other things, representatives of the Planning, Engineering and Building and Safety Division of the City, will consider items including grading, drainage facilities, storm drain improvements, uniform building code requirements, and requirements for environ_mental processing. SHEPPARD, MULLIN, RICHTER (~ HAMPTON Rancho Cucamonga Planning Commission August 12, I998 Page 9 At the Design Review Committee meeting on August 4, 1998, we were informed, with no explanation, that there was not going to be any Technical Review Committee review of Development Review Application DR 98-13. See, Transcript of August 4, 1998 hearing of the Design Review Committee attached hereto as Exhibit 1. Of course, one of the main technical issues for the City to review was whether the proposed Project is consistent with the General Plan. We were informed that the Technical Review Committee was the appropriate committee to review this issue but that the Technical Review Committee would not be analyzing this project. The City appears to be going out of its way to arbitrarily ignore its Development Code sections which standardly apply to all other residential projects. Before the pending Development Review Application can be considered by the Planning Commission, it should be referred to the Technical Review Committee for review of all of those issues set forth in the Development Code, including whether the proposed project is consistent with the General Plan. Properties. The Proposed Houses Are Still Not Compatible With The Surrounding As noted by Mr. Coleman at the Design Review Committee hearing on August 4, 1_998, the City Council rejected Lauren Development's fu-st application for Development Review because there were not enough floor plans and not enough variety in the elevations. See, Staff Report; Transcript, Exhibit 1. The floor plans have not changed nor have they increased. The applicant is proposing the same four basic footprints except that some of the garages have been flipped in their orientation to the house. As far as the elevations, Lauren Development simply took some of the previously optional exterior design features such as bonus rooms Porte Cocheres, balconies and decks, and made them standard features. Finally, the developer has simply added two elevation styles - Prairie and Traditional. In essence, these are the same tract homes that the City Council rejected last year, with the same number of floor plans, with some optional features now standard, and with some slight variation on exterior materials. Many of the units are exactly the same. As noted above, the application is for the same use as before. MULLIN, RICHTER ~ ~.,~MPTON ~ Rancho Cucamonga Planning Commission August 12, 1998 Page 10 However, even if substantially similar use were incorrectly interpreted to be design, these are still substantially the same designs. The proposed houses are incompatible with the larger custom homes in the privately accessed RC-V tract adjoining the Lauren Development Property. F. The Approval Of Development Review Based On The 1990 Negative Declaration Would Violate CEOA. The Staff Report includes a proposed Resolution determining that no subsequent envirortmentat review is required in connection with the proposed DR 98- 13. Paragraph 3 of the proposed Resolution is a funding that "the environmental materials presented and environmental concerns raised at the hearing on this [sic} design review matter did not relate to the discretionary matter before the Commission, the lot-specific design of the residences in question." Paragraph ,1 includes an additional funding that, based on "substantial evidence" presented to the Planning Commission at the August 12 hearing, no supplemental environmental review is required with respect to the Commission's action on the Development Review application. -_ We have numerous concerns regarding those proposed findings. First, with respect to Paragraph 3, and as discussed above, the development/design review process concerns far more than design issues. As the name suggests, the purpose of development/design review is to investigate both development and design issues and to minimize adverse effects of a proposed project on surrounding properties and the environment. Development Code § 17.06.010A. 1. The Technical Review Committee is required to evaluate a host of issues unrelated to design. Development Code § 17.06.010E.4. The Grading Committee is required to consider overall, as well as lot- specific, grading issues, including the effect of proposed grading on adjacent properties. Development Code § 17.06.010E.5. Even the Design Review Committee is required to analyze the overall layout of the proposed development to avoid interference with the use and enjoyment of neighboring existing or future developments. Development Code § 17.06.010E.3.a. For reasons that the City has not divulged, the City has artificially and tmlawfixlly narrowed the scope of the development/design review process to include only lot-specific, design issues. Second, with respect to Paragraph 4, it is readily apparent that additional environmental review under CEQA is required as a result of significant new /?3 SHEPPARD, MULLIN, ~ICHTER ~, HAMPTON L~-¢ Rancho Cuca_monga Planning Commission August 12, 1998 Page 11 information and changed circumstances regarding the project since 1990.v In addition, it is now clear that the project itself has significantly changed since 1990. Among other things, the original Conceptual Grading Plan approved for Tentative Tract 14771 in 1990 did not include any lot-specific grading or slopes, apparently because the project at that time consisted of custom home sites. However, Lauren Development subsequently modified the project to substitute tract homes in place of the custom sites. Now, in connection with DR 98-13, Lauren Development has submitted a new Conceptual Grading Plan that shows detailed house footprints, slopes between lots, pad grading, etc. The Staff Report acknowledges that the original Conceptual Grading Plan applies to a different project than the current one, but nonetheless concludes, with no supporting evidence or analysis, that the "proposed grading is in substantial conformance with the originally approved grading plan and was designed to minimize the mount of grading associated with the project, while maintaining the contour characteristics of the existing topography." One of the few elements of the original Conceptual Grading Plan that was carried over into the new Conceptual Grading Plan are the specifications for the drainage channel contemplated at the northerly boundary of Tract 14771. As we understand it, .Lauren Development ',,,'ill require an easement over and on the property directly north of Tract 14771 to perform the grading work necessary for the construction-aT. nd operation of the drainage channel. However, the drainage chasmel contemplated at the northerly boundary of Tract 14771 is no longer possible because the City of Los Angeles Department of Water and Power, which owns the property immediately north of Tract 14771, has advised Lauren Development in writing that it will not grant an easement for the construction ofthe drainage channel. As a result, Lauren Development has submitted a "Conceptual Alternative Storm Drain Plan" (the "Conceptual Alternative Plan") to the City for a sigmficant[y different drainage channel at the northerly boundary of Tract 14771. Inexplicably, the Conceptual Alternative Plan will not be considered by the Planning Commission as part of DR 98-13, despite the fact that the proposed drainage channel cannot be built. On several occasions, our clients have questioned City official That issue is currently being litigated in Cucamon~ans United for Reasonable Expansion v. City of Rancho Cucamonga et al., San Bernardino Superior Court Case No. RCV 30406. ~HF'PPAFRD, MULLIN, ~ICHTF'FR ~ HAMPTON L~.~ Rancho Cucamonga Planning Commission August 12, 1998 Page 12 regarding the Conceptual Alternative Plan. Among other things, they have asked why Lauren Development submitted the plan to the City, whether the City had reviewed the plan, and why the plan was not formally submined in connection with Development Review 98-13 when the proposed drainage channel is plainly infeasible. They did not receive straightforward answers to any of those questions. We can only surmise that the reason the City has attempted to keep the Conceptual Alternative Plan under wraps is that it confirms an inevitable and substantial modification to the original 1990 project. Third, Paragraphs 3 and 4 amount to nothing more than a post hoc rationalization for approving Development Review 98-13 without appropriate environmental review under CEQA. The two findings relate to issues and evidence presented at a Planning Commission meeting that has not occurred yet. It is particularly astonishing that the £mding in Paragraph 3 rejects all potential CEQA concerns as irrelevant before the Planning Commission has heard or considered any of those concerns. It seems apparent that the City has no intention of requiring any additional CEQA review, regardless of whether that review is legally required. Very truly yours, Richard L. Stone for SHEPPARD, MULLIN, RICHTER & HAMPTON k~ LA3 :LSQ~£ET',VCDx2113089~. 1 LOEB J.OEBLL" 1000 W~LnHi~ ROU~..,VAnO Loe A~aeL~", CA 90017-24'75 TIL='~HO#~.: 213-688.3400 FA¢.IiH IL a: 213-688-3480 C i. sl,rtm~ CrD' S~,,m 2'200 t.~ ~ee~.m~ CA 903~-4164 Tin.: FAro 310-21.2-ZiOn2 ~ Dial No. 213-688-3622 >mail: MMCKEYrH~3o~b.com August 2,2, 1998 345 pa4~t A~u~ 10154~7 Tm...: 212 -4.07-.40~3 F4u: 212-,4,07-4g'10 210~3 1,4 $'r~3', N W 20037-12'07 F~.z: 2G'2-223--6704 Yl& FAC$IMI~,E Ms. Gall Sanchez Ma. Deborah Adama City of Rancho Cucamonga 10500 Civic Center ~ Rancho Cucamonga, CA 91737 Rc: Apl~al ~rom Dcv¢lo~m~.t Review 98-13 Dear Ms. Sanchez and .N~. Adams: Cucamongans Urfited for Reasonsbic Expansion ("CURE")hereby from the August 12, 1998 approval by the Plann~g Commission of the above Development :Review Application. Pl-.~sc provide me with a copy of the hcar~g tapes from August 12, 1998.. Wc ~ pay for the copies at the time of pick up. If you have any questions, please contact me. Thank you. MHM:jwl P16312408 MCM25383.L02 Very truly yours, of Loeb & Loeb LLP ii CITY OF RANCHO CUCA,.,4ONQA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: August 12, 1998 Chairman and Members of the Planning Commission Brad Buller, City Planner Thomas Grahn, AICP, Associate Planner DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - A design review of the detailed site plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621-01 through 35. SITE DESCRIPTION: The project site is vacant with an average cross slope of 5.9 percent, although some portions reach 10 percent. The site is bordered on the north by property owned by the City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, on the south by Ringstem Drive, and on the west by Tackstem Street. A partially developed subdivision (Tract 12332 Phases 1 & 2 - Haven View Estates) lies to the west and south of the project site. Haven View Estates is a gated community with private streets developed with both custom and semi-custom homes. The project site is located in the extreme northeast portion of the gated community (see-Exhibit "A"). ANALYSIS: Backqround: Tentative Tract 14771 was originally approved by the Planning Commission on November 14, 1990, and a final map was approved by the City Council on October 15, 1997. A previous application for design review approval for proposed homes on the project site (DR 97-11 ) was approved by the Planning Commission on July 9, 1997; however, the application was appealed to the City Council and subsequently denied on September 3, 1997. The City Council denial focused on two primary design concerns: not enough floor plans and not enough variety in the elevations. Since that denial, the applicant has made extensive revisions to their design and submitted a project that substantially differs from the previous project. B. General: The following revisions have been incorporated into the project design: Five distinct architectural styles are provided including: French Country, Spanish Colonial, Italian Tuscan, Prairie, and Traditional. /¢7 PLANNING COMMISSION ,'AFFREPORT DR 98-13 - HEIGHTS AT HAVEN VIEW ESTATES August 12, 1998 Page 2 The project design includes five basic floor plans; however, because of the differences in building footprints including cross lot versus downhill foundations, reverse footprints, numbered garage spaces, and garage door orientation (e.g., front-on, side-on, or recessed) there are 14 different floor plans. o The structures range in size from 3,143 square feet to 4,942 square feet with an average size of 4,068 square feet. Each of the 40 homes will be unique. The project was designed with a specific building footprint for each lot (see Exhibits "B" & "G") that was then designed with specific architectural features, exterior color schemes, building materials, garage orientations, porte-cocheres, entry gates, etc., resulting in a condition where no two homes will be the same. The proposed conditions of approval reflect how the design for each lot will be unique. All exterior architectural features have been made standard rather than optional. Design features that were previously optional (e.g., bonus rooms, larger garages, porte- cocheres, balconies and decks, portals, driveways and entry gates, etc.) were evaluated on a lot-by-lot, case-by-case basis and plotted accordingly. There are 12 lots (30 percent) with garage doors that front-on to the street. On 10 of those lots, the 3- or 4-car garage is L-shaped and the front-on condition is located 13 to 20 feet behind the side wall of the garage that side-on to the street. There are 19 lots (46 percent) with garage doors oriented toward the street, but recessed 40 to 45 feet behind the front of the structure. In all instances where this condition occurs, the garage doors are located behind a porte-cochere or entry gate. Additionally, the project is subject to the requirements of the Hillside Development Regulations and, as such, was designed to minimize the amount of grading (see Exhibit "B"). The design includes split level pads with multilevel breaks ranging from 6 inches to 78 inches between the garage floor and interior levels of the first floor (see Exhibit "G"). The exhibits attached to this report contain the two Grading Plans associated with this project. Exhibit "C" contains the Grading Plan included with the Tentative Map approval and Exhibit "B" contains the Grading Plan proposed for the current project. Proposed grading is in substantial conformance with the originally approved grading plan and was designed to minimize the amount of grading associated with the project, while maintaining the contour characteristics of the existing topography. Desiqn Review Committee: The Design Review Committee (McNiel, Macias, Fong) reviewed the project on August 4, 1998, and recommended approval subject to the following: The placement of units on Lots 4 and 19 shall be conditioned to meet all applicable setbacks. /~? PLANNING COMMISSION _ ,'AFF REPORT DR 98-13 - HEIGHTS AT HAVEN VIEW ESTATES August 12, 1998 Page 3 2. Door and window surrounds shall be provided on all elevations. Gradinq Committee: The project was reviewed on August 4, 1998. The Grading Committee recommended approval. Neiqhborhood Meetinq: On July 28, 1998, the applicant held a Neighborhood Meeting at Chaffey College to provide an opportunity for the community to be made aware of the proposed project. The meeting was attended by approximately 25 residents of Haven View Estates. Elevations of the proposed streetscape, including models of proposed units, were presented throughout the room to allow for an informal, small group discussion of the design review application. Items of discussion included: architectural modifications, floor plan variation, unit cost, unit square footage, potential for access to the east of the project, landscaping improvements, timing of construction, and compliance with Hillside Development Regulations. CORRESPONDENCE: The property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site and to all property owners within Haven View Estates. Although not necessarily required by law, this item was noticed at the direction of the City Council. RECOMMENDATION: Staff recommends the Planning Commission approve Development Review 98-13 through adoption of the attached Resolution. Ily submitted Brad Bullet City Planner BB:TG/Is Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Resolution Resolution Site Utilization Map - Detailed Site Plan/Grading Plan - Original Grading Plan Approved for Tract 14771 - Final Tract Map 14771 - Conceptual Landscape Plan - Potential Equestrian Corral Pad Locations - Elevations/Footprints - Design Review Committee Comments of Approval with Conditions for DR 98-13 Determining No Environmental Review Necessary ORIGINAL POOR· QUALITY t Z I! It Z Z Z Z Z Z Z Z Z Z l! Z Z < T < .2// 7 7 Z o~ o < O0 0 Z ~> < < Z D Z Z 7' z Z !]o , Z << LJ-I _~ o < 0 ~-o F-- < z z mm Z < < Z ©© << > < 11 O0 ~ Z Z .<: 'T- Z Z 223 0 0 Z Z Z Z 0 Z Z Z Z 0 r-~ z 0 ,,,~ Z Z Z Z Z Z z < > L~ o Z Z Z ZIZ Z Z Z Z > ,-2 Q < > <:: Z O< Oz ~< ~0 < F- < Z < ½ < -.. Z Z Z Z Z -F · : 1! 0 ./ ,/ Z Z Z G~ EE EE Z Z < O0 0 DESIGN REVIEW COMMENTS ORIGINAL POOR QUALITY 7:40 p.m. Tom Grahn August 4,1998 DESIGN REVIEW 98-13- THE HEIGHTS AT HAVEN VIEW ESTATES- A review of the detailed Site Plan and Building Elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive-APN: 1074-511-27to31 and 1074-621-1 to 35. Backqround: Tract 14771 was originally approved by the Planning Commission on November 14, 1990, and was given final approval by the City Council on October 15, 1997. A previous application to develop the project site (DR 97-11) was approved by the Planning Commission on July 9, 1998; however, the application was appealed to the City Council and subsequently denied on September 3, 1997. Desiqn Parameters: The current design substantially differs from the previously denied project in the following ways: All 40 homes will be unique. Considering proposed architectural features, exterior colors and materials, garage orientation, etc., no two homes will be the same. There are essentially five different floor plans; however, when considering garage orientation, cross lot versus downhill foundations, and reverse footprints, there are 14 different floor plans. Five distinct architectural styles will be provided including: French Country, Spanish Colonial, Italian Tuscan, Prairie, and Traditional. The structures range in size from 3,143 square feet to 4,942 square feet with an average size of 4,068 square feet. All exterior_architectural features have been made standard, rather than optional. Design features that were previously optional (including bonus rooms, larger garages, porte-cocheres, balconies and decks, portals, driveway and entry gates, etc.) were evaluated on a lot-by-lot, case-by-case basis and plotted accordingly. There are 12 lots (30 percent) with garage doors that front-on to the street. On 10 of those lots, that front-on condition is located 13 to 20 feet behind the side wall of a garage that sides-on to the street. There are 19 lots (46 percent) with garage doors oriented towards the street; however, these garage doors are located behind a porte-cochere or entry gate and are situated 40 to 45 feet behind the front of the structure. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maiorlssues: There are no major design issues to, = .... pr~=n: ~o the Committee. The proposed structures meet the requirements of the Hillside Deve,opm~n~ Regulations and the Conditions of Approval for Tract 14771. Secondary Issues: Once all of the major issues have been addressed, and time permitting, Committee will discuss the following secondary desiga issues. 1. Lot 19 does not meet the side yard setback. DRC COMMENTS DR 98-13 August 4, 1998 Page 2 2. Lot 4 does not meet the side yard setback for the po~e-cochere. 3. Provide door and window surrounds on all elevations. Staff Recommendation: Staff recommends that the Committee forward the project to the Planning Commission for their consideration. Desiqn Review Committee Action: Members Present: Rich Macias, Larry McNiel, Nancy Fong Staff Planner: Dan Coleman for Tom Grahn Recommended approval subject to condition to meet setbacks. Return walls not proposed to maintain "custom lot feel" and buyer preference. Residents: 1. Are there 5 floor plans? Yes. 2. Is this the same use? Yes. RESOLUTION NO. 98-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 98-13 FOR FINAL TRACT NO. 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 THROUGH 31 AND 1074-621-1 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates, LLC., has filed an application for the Development Review of Final Tract No. 14771, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as the "application." 2. On August 12, 1998, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced meeting on August 12, 1998, including written and oral staff reports, this Commission hereby specifically finds as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed design is in accord with the objective{ of the Development Code and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. Based upon the findings and conclusions set forth in paragraphs I and 2 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 98-55 DR 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES August 12, 1998 Page 2 Plannina Division 1) All applicable conditions of approval of Tract Map 147'~1 shall apply. 2) The placement of units on Lots 4 .and 19 shall be revised to meet all applicable setbacks. 3) Door and window surrounds shall be provided on all elevations. Enaineerinci Division 1) All conditions of approval of Tract Map 14771 shall apply. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 1998. PLANNING C~I~11SSlON OF THE CITY OF RANCHO CUCAMONGA L-~rry__l .71'qiel, Chairman I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of August 1998 by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MACIAS, BARKER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CON DITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: DESIGN REVIEW FOR TRACT 14771 DESIGN REVIEW 98-13 THE HEIGHTS AT HAVEN VIEW ESTATES, LLC NEC RINGSTEM DRIVE & TACKSTEM STREET APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. Completion Date / / B. Time Limits Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of approval. / / C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, extedor materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and Development Code regulations. / / Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. / / Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be / / SC-3~4~g Project No. DR FOR TRACT 1477,1 ComiCetlon Date submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. / / All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. / / Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. I / All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, perming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. / / All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. / / All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. / / Building Design An alternative energy system is required to provide domestic hot water for all dwelling units and for heating any_swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. / / Standard patio cover plans for use by the Homeowner's Association shall be submitted for City Planner and Building Official review and approval prior to issuance of building permits. / / Landscaping A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. / / All private slopes of 5 feet or less in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion / / SC - 3/~4/95 2 Fo Proj~:t No. DR FOR TRACT 14771 Comple6on Date control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. / / For single family residential development, all slope planting and irrigations shall be continuously maintained in a healthy and thdving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. / / Front yard and corner side yard landscaping and irrigation shall be required per the Development Code. This requirement shall be in addition to the required street trees and slope planting. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may. be required by the Engineering Division. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. / / All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. / / Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. / / Environmental The developer shall provide each prospective buyer written notice of the Fourth Street Rock Crusher project in a standard format as determined by the City Planner, pdor to accepting a cash deposit on any property. / / The developer shall provide each prospective buyer wdtten notice of the Alquist-Pdolo Special Studies Zone for the Cucamonga Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. / / The developer shall provide each prospective buyer wdtten notice of the Foothill Freeway project in a standard format as determined by the City Planner, prior to accepting a Cash deposit on any property. / / APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Site Development SC - 3124/98 Project No. DR FOR TRACT 14771 Completion Date The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. / / Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. / / For projects using septic tank facilities, written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. / / Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday. / / H. New Structures Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less than 90 mph. / / I. Grading Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. / / A soils report shall be prepared by a qualified engineer licensed by the State of Califomia to perform such work. / / / / / / / / A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plans shall be completed and approved prior to issuance of building permits. In hillside areas, residential developments shall be graded and constructed consistent with the standards contained in the Hillside Development Regulations Section 17.24.070. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. / / $C -3/24/9~ RESOLUTION NO. 98-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY FOR DEVELOPMENT REVIEW 98-13 FOR FINAL TRACT NO. 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates, LLC., has filed an application for the Development Review 98-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On August 12, 1998, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, TH__EREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "'A,'" of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced meeting on August 12, 1998, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Tackstem Street and Ringstem Ddve with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Drive and is presently vacant; and b. The property is bordered on the north by property owned by the City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, and the properties to the south and west consist of vacant and developed single family residential land; and c. The application contemplates the construction of 40 single family homes on 25.35 acres of land which is consistent with the Very Low Residential land use designation of the General Plan; and PLANNING COMMISSION RESOLUTION NO. ENV. REVIEW FOR TRACT 14711 August 12, 1998 Page 2 98-56 d. On November 14, 1990, the Planning Commission approved Tentative Tract 14771 and issued a Negative Declaration. 3. The Commission hereby finds that the environmental materials presented and environmental concerns raised at the hearing on this design review matter did not relate to the discretionary matter before the Commission, the lot-specific design of the residences in question. 4. Based upon substantial evidence presented to this Commission during the above- referenced meeting, the Commission further finds that, in any event, none of the criteria in Section 15162 of the California Environmental Quality Act Guidelines requiring subsequent environmental review exist or are present with respect to the Commission's action on the Development/Design Review application. 5. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF AUGUST 1998. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA cNiel, Chairman I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certifythat the foregoing Resolution was duly and regularly introduced, passed, and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of August 1998 by the following vote-to-wit: AYES: COMMISSIONERS: MCNIEL, MACIAS, BARKER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY for a master plan and that the designs submitted at that time seemed to be headed in the right direction. He commented on the expense of the improvements required and asked if Burger King would be able to carry all the costs of the improvements. He stated a lack of comfort level with his concern of not just moving on anything, but the right thing on that corner. Hearing no further testimony, Chairman McNiel closed the public hearing. Chairman McNiel asked if item H could be continued. Mr. Buller suggested it be continued to a date due to not knowing the status. Mr. Ramos concurred with a continuance. Commissioner Barker indicated most of his notes were in regard to the sign program. Commissioner Macias moved for adoption of the resolution amending the Conditional Use Permit and that the sign program discussion be continued. Motion: Moved by Macias, seconded by Barker, to adopt the resolution approving Conditional Use Permit 95-25 and to continue Item H, the Uniform Sign Program for Conditional Use Permit 95-25. Motion carried by the following vote: AYES: NOES: ABSENT: MCNIEL, MACIAS, BARKER NONE TOLSTOY - carried DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES, LLC - A design review of the detailed site plan and building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential District (less than 2 dwelling -units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-511-27 through 31 and 1074-621-01 through 35. (Although not necessarily required by law, this item was noticed at the direction of the City Council.) Chairman McNiel asked legal counsel to define the issues at hand and to clarify them so as to help those present to keep the purpose and their function in focus. Michael Estrada, Deputy City Attorney, responded that the approved map and the Negative Declaration were not the issue; the issue at hand was the lot specific design review. Dan Coleman, Senior Planner gave the staff report. Chairman McNiel opened the public hearing. John Allday, Lauren Development, Inc., stated each design would be different all displays shown were displayed as they are plotted in the tract. He noted the scale is accurate, the set backs are as the Hillside Ordinance requires. He pointed out that many previous features offered as options are now standard. He explained that the footprints are similar, but room locations have been changed, garages now face different directions, adding to the architectural variations. He added that now there are five architectural styles as opposed to three. He remarked that the foundation style has changed in that now only the garage is slab, the remainder of the home is on a raised Planning Commission Minutes -10- August12,1998 foundation. He stated that they were as thorough as possible in their application. He also noted that although footprints were similar, there were many variations that affect the outward appearance of the homes. He commented that models were prepared to show the City the many details that have been added that could not be properly represented by an elevation drawing. Richard Stone, 333 S. Hope St., Los Angeles, stated he was representing the Haven View Estates Home Owner's Association. He said his clients requested a continuance for two weeks because he only received copies of the staff report with exhibits today, no technical review of the project had taken place, and the applicant had not waited the one year pedod since the last denial. He stated the applicant had not filed the filing requirements stated in the Hillside Regulations. He felt this project is inconsistent with the General Plan, and said the code has a requirement of consistency with the General Plan. He noted that the property was subject to three open space designations within the General Plan. He pointed out that the density was designated as 1 dwelling unit per 10 acres and in this case would equal 2 per acre. He stated that city documents prove this point. He continued by saying the General Plan, which was adopted in 1981, had not had any amendments in regard to this property. He stated the City admitted that, in concept, the property was listed as "open space" in the 1981General Plan. He further remarked that until 1983, the 40ofoot levy provided the only flood control for the down gradient properties and forms the southerly border to the property. Chairman McNiel interjected at this point and referenced the fact that the discussion was to be limited to the design review of the property. Mr. Stone then stated he disagreed with the limited definition of design review of the City's code and under the proposed resolution before the Planning Commission, this body must find this project to be consistent with the General Plan; and therefore, felt he was making a point in this regard. Mr. Estrada felt Mr. Stone should be allowed to speak and that if he was speaking in regard to the General Plan which was a required finding and that at the close of the headrig, the Planning Commission could determine what issues were relevant and which were not. Mr. Stone continued by stating that until 1986, the property was shown as flood control easement, prohibiting development to protect the flood control levy which is the southerly border. He noted that the text of the General Plan made it clear that flood control lands are a major source of "open space" in Rancho Cucamonga. He also stated the General Plan maps themselves, Land Use Map and the Open Space Plan Map, the property is designated under three categories of "Open Space". He also noted that the staff reports of 1983,1986 and 1989 stated that this property was designated as "open space" under the flood control category on the Land Use Plan Map. He said the designation was changed in the staff report prepared for an applicant, M. J. Brock. He stated his belief that it was undeniable and unambiguous; therefore, that this property was to be limited to 2 units per acre. He felt the City was "fast and loose "with the overlay maps, but had never done such an exercise with the "open space" plan maps. He also said the maps were precise enough to show that the property is at least 90 percent within the category of "Open Space" within two different maps and the General Plan states the maps define the spacial dimensions of the General Plan. He further observed that the Code says consistency was determined by referencing the Land Use Plan Map. He asked why the applicant had not filed a General Plan Amendment. He asserted the City had made a mistake. He further remarked that he felt the critical issue was the General Plan designation and if there were no changes to the General Plan, then the designation made in 1981 should carry through. He remarked that he felt that if a General Plan amendment were done, it would remove any further arguments against an environmental impact report which would in turn have to be disclosed to the public and that the impacts of that report Planning Commission Minutes -11- August 12, 1998 would be significant. He continued in stating that he and his clients believed that someone within the city was "hell bent" on pushing this project through. Jack Rubins, 333 S. Hope Street, Los Angeles, stated he was representing Haven View Estates and Rancho Cucamonga Five Homeowner's Association; he expressed concerns about the Design Review application. He referred to a letter supplied to the commissioners. He contended that the project is inconsistent with three separate open space designations and therefore should be denied pursuant to Development Code Section 17.06010F(1). He further stated that under the General Plan, Open Space land could not be developed to a density greater than I dwelling unit per 10 acres; and therefore, the project is in violation of the density limitations of the General Plan. Secondly, he stated the applicant had not waited one full year before reapplying and that he could not understand why our staff accepted the new application prior to the fulfillment of the waiting period. He reported that Dan Coleman addressed this issue by indicating the City's interpretation of the Code by stating "use actually means design," indicating the design of the project had substantially changed, therefore the application could be filed in less than a year. Mr. Rubins stated he differed with the interpretation and felt the Code does as well. He also said he had made a Public Documents Request including: a natural features map, cut and fill map, a conceptual drainage and flood control facilities map, slope analysis and slope profile maps, a geologic and soils report, and a statement of conditions for the ultimate ownership of the property. He stated none of these documents were received and that none of these documents exist. He also pointed out that it was their understanding that these documents were to be submitted prior to this evening's meeting. He said they had not received any indication that they had been submitted, and if they had, it would be considered a violation of the Hillside Development Regulations because these documents should have been submitted with the application so they could be considered by the Grading Committee and other committees and that part of the process was not to be skipped and have them presented to you the day of the hearing. He declared that this was not just a procedural issue. Thirdly, he stated that the Technical Review Committee did not review or make a recommendation. He noted they had asked why this was the case and he claimed he never received an answer. He concluded that he felt the City Attorney had given an improper interpretation of the Development Code. He also thought compatibility is an issue. He stated there were no additional floor plans; the only changes made were to designate some additional rooms as standard, flip garages and change some exterior features. He contended the architectural styles were still limited, they were still tract, not custom homes, not compatible with their surrounding homes. He stated that the second resolution being presented dealt with the issue of no further environmental study being required by CEQA. He thought this was being done because the City believes there is an impending lawsuit and that the resolution would give documentation that the Commission considered the issue and found that no further study was required. He further stated that this was inconsistent with the comments of the City Attorney in regard to limiting themselves to design issues. He felt the Development Code does not restrict the proceedings to Design Review. He also noted that Section 4 of the Resolution includes a finding regarding no additional environmental review is necessary. He thought there were significant changes involved, and the City was duty bound to perform the additional environmental review. He noted that Commissioner Macias had earlier in the evening considered additional review appropriate for a project that was six years old where there were not significant changes that could be noted, and yet in the case of the project now before the Planning Commission, a host of changes had been noted. He mentioned that the original grading plan from eight years ago was no longer valid because it was originally conceived with custom homes in mind. He asserted that the homes are not custom, they are a tract and that was why the developer had to submit a new grading plan. He asked how the new grading plan could be consistent with the old grading plan when the new plan addressed site-specific issues which did not exist on the old plan. He surmised that It was a result of the change in the project. He also noted that the construction of the drainage channel on the northern boundary of the property would require an easement from Planning Commission Minutes -12- August 12, 1998 the property owner noted as the Los Angeles Department of Water and Power(LADWP). He stated that the LADWP would not provide an easement for the developer. He further stated that the City has a conceptual grading plan which includes the easement. He said the city has a conceptual alternative plan for a storm drain in the event of the unwillingness of LADWP to provide the easement and that the alternative does not require Lauren Development to go onto the LADWP property. He said the plan is significantly different and therefore may have significant environmental impacts. He further stated that he believes the City intends, after approving the design review, to have Building and Safety quietly approve a change to the drainage channel, not requiring discretionary review. He asked how the City could approve a project that includes a drainage channel that could not be built when you had an alternative plan that has not been considered and was significantly different. For these reasons he asked the Commission to deny Development Design Review 98-13. Mike Montgomery, 12966 Arapaho, Rancho Cucamonga, stated that the developer had not complied with the City Council's instructions as to how the plans have been submitted. He asserted that the developer had said "screw you" to the City Council and that they would submit their plans however they wanted. He claimed they had not changed the plans significantly and that adding a bonus room did not change the floor plan, nor did flipping the garage or changing the color of the roof tile significantly change the elevation. Mayland Sampson, 4965 Calico Ct., Rancho Cucamonga, identified himself as an electrical contractor. He stated the floor plans were not different and that City Council had asked them to come up with more varied floor plans. He reiterated that they did not do as they were asked and that there were few changes that affected the outside elevations of the homes. Bruce Ann Hahn, 5087 Granada Ct., Rancho Cucamonga, stated that there was not a cut and fill map at the Grading Committee meeting but that there was one at present. She said the map was submitted August 10, and that the Grading Committee did not have it. She noted that the Negative Declaration indicated that there was not going to be a significant amount of movement of dirt. She said the Negative Declaration was wrong and that she feels that an EIR needs to be done regarding flooding, safety, and the quantity of dirt moved and its impact. She pointed out that the amount of dirt to be moved was a condition that should have been presented at the meeting. She asked how the dirt would be moved out, and how it would affect the traffic flow through the development. She noted the garages still face the front, and could be seen regardless of the "Porte Cochere" elements, etc. She also said that it was suggested to the developer that he have a neighborhood workshop prior to submitting new plans and that did not take place. She stated the same single story plan on the cul-de-sacs are all plotted as they were a year ago. Manuel Galdria, stated the homes are basically the same and that they look like the homes built by Lewis all over the local area. Bill Angel, 12966 Arapaho, Rancho Cucamonga, referred to the Inland Empire Magazine noting an article regarding premier communities and the Haven View Estates as a premier community. He said he has five homes being built in the development and they are all custom. He stated the Lauren project was a tract development. He said that Haven View Estates is a custom development and that Lauren Development was taking advantage of their location as the most northerly development. He stated that these home plans, although within their gates, did not have to go through their own association committee for input or review. He felt that homeowners looking for a place to build a large custom home would no longer consider the Haven View Estates as a site to build if the City allows the Lauren homes to go in. He asserted that this tract was not compatible for this development. Planning Commission Minutes -13- August 12, 1998 Mr. Allday stated they had done everything the City Council asked. He asserted that the request for the continuance was another attempt to delay and the application had been at the counter since June 2, 1998. He stated those that had asked for notices of meetings were given proper notice, and or information when requested. He pointed out that the site was posted in excess of the code requirements and he noted that they had wdtten letters to over 200 lot owners and invited them to a meeting. He stated that he resented the "screw you" comment from Mr. Montgomery and he also noted that Bruce Ann Hahn had originally supported this project and she had seen the cut and fill map 8 years ago, and that she had endorsed the project in wdting with full knowledge. He felt that many things that had been stated were untrue and expressed hope that the Commission did not buy into them. He asked if there were any questions. Hearing no further testimony, Chairman McNiel closed the public hearing. Chairman McNiel restated the function to address the issues that had been brought to the Planning Commission with respect to design review on a lot-by-lot basis. He asked if there were any questions. He then continued (hearing no questions) to say that the request of the City Council was that certain requirements be met by the developer. He stated that in the development review process, it seemed to him that they had met the requirements given by City Council. He asked legal counsel if, under land use laws, they were to act on strictly on what we was before them. Mr. Estrada responded by stating that was correct. He continued by saying the Commission had a resolution before it and the staff recommended approval. He said the Commission would be acting upon the application, the design development review of this project, and it needed to determine if it could make the proposed findings for approval or not. Chairman McNiel then recommended they approve the project and send it on to City Council. Commissioner Barker interjected that there were two actions before them. He asked if he was talking about the first, the second, or both resolutions. He noted the first resolution dealt with the design review and the second, environmental impact. Chairman McNiel asked Commissioner Barker for his position. Commissioner Barker then said he was back at the beginning point in that when these issues were before them the first time the City Attorney advised the Commission that they were limited in scope as to what could be addressed and that the City Attorney on this occasion was again advising the scope was limited as to what they were to discuss regardless of how many interesting side issues there were. He recognized that this would be going to the City Council and said they should let it play in that arena. Mr. Buller clarified by stating that the Commission had final action and it would go to City Council only if its decision were appealed. Commissioner Macias stated he was not convinced that any impact issues had changed. He felt he should respond to Mr. Rubins' comment taken out of context in reference to item F addressed earlier in the meeting. Mr. Macias further stated that he felt further review of that project was needed because he had not been involved with that project since its inception and that with this project he had and that was why he felt review was necessary prior to action in that instance. He said he had been involved with this project several times now, and also the improvements since it was directed by City Council. He did not see any reason to delay it any further. He moved to adopt the resolutions as presented. Planning Commission Minutes -14- August12,1998 Motion: Moved by Macias, seconded by Barker, to adopt the resolution approving Development Review 98-13 and the resolution determining that no further environmental review is necessary for Development Review 98-13. Motion carded by the following vote: AYES: NOES: ABSENT: MCNIEL, MACIAS, BARKER NONE TOLSTOY - carried comer of Archibald Avenue and Base Line Road file: Conditional Use Permit 84-13. Cecilia Gallardo, Associate Planner, gave the staff report. Commissioner Barker asked Commissioner Macias if he had participated in the Design Review. Commissioner Macias stated he had and that a considerable amount of work had been done and with the help of Commissioner Bethel and staff they were able to produce a good project for the site and that it was ready to go. Chairman McNiel commented that Hollywood Video liked to ornament their buildings with an array of neon lights and interior lighting in bold colors. He asked if that was going to be the case on this project. Mr. Buller indicated that they had not yet seen the intedor lighting plan. Chairman McNiel opened the public hearing. Brad Becker, the applicant, responded by saying that would not be the case on this project; the interior lighting has been cut back, and the intedor lighting in neon has been eliminated. Chairman McNiel asked when they would open. Mr. Becker said as soon as possible, probably in January, 1999. Hearing no further testimony, Chairman McNiel closed the public headrig. Motion: Moved by Barker, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving the Development Review 98-04. Motion carried by the following vote: AYES: MCNIEL, MACIAS, BARKER NOES: NONE ABSENT: TOLSTOY - carried ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 98-04 - RUSSELL STOUT & ASSOCIATES - The development of a retail building totaling 7,000 square feet on a 39,750 square foot parcel in the Neighborhood Commercial District, located at the northeast APN: 1076-191-09. Related DIRECTOR'S REPORTS Planning Commission Minutes -15- August12,1998 City Council Minutes September 3, 1997 Page 7 I. COUNCIL BUSINESS I1. CONSIDFRATION OF AN APPI=AL FOR DEVELOPMENT RFV!I=VV 97-11 - LAURt=N DEVFLOPMENT -An appeal of a Planning Commission decision to approve a review of the detailed site plan & building elevations for Tract 14771, consisting of 40 single family homes on 25.35 acres of land in the Very Low Residential Distdct (less than 2 dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive - APN: 1074-351-10 and 1074-541-21. Staff report presented by Brad Buller, City Planner. Councilmember Gutierrez stated he has concerns with the design of the project and felt the design needs to be consistent with what is already existing for this area. He did not think this needed to be a custom builder and felt Lauren could do this acceptably. He felt the design of the homes was too "boxy". Councilmember VVilliams stated she agreed with Councilmember Gutierrez and felt the design of the whole tract needed to be looked at. She felt the lay of the land needed to be used better. Councilmember Curatalo felt the integrity of the neighborhood should be considered if this should go back to the Planning Commission. Councilmember Biane felt they should come up with some ideas of their own how the project should look. Mayor Alexander felt the Options offered should become standards. Brad Buller, City Planner, stated they will take the verbal action the Council has stated regarding how they feel the design should be, and that they will get information from the neighbors how they feel the project should look like. He pointed out they have an approved tentative and an approved grading plan. He pointed out through the Hillside Ordinance they can work the project to fit in with the hillside. James Markman, City Attorney, stated if the design review is denied on the merit, a new application must be filed and all of this starts again, including subsequent environmental. He stated you have a tract map sitting there which has raised the issue of it sitting there for seven years and how does this interface with subsequent CEQUA requirements when all the Council has before them is design review. He pointed out if the Council adopts the first Resolution, it is back to square one for a design review process. Mayor Alexander stated he does not want to kill this project. Councilmember Gutierrez stated some major changes need to be made. He felt the first Resolution was a design issue and could not support it as it is wdtten because it needed more information in it, although he supported the main idea of what it was saying. Councilmember Biane asked if this could be sent back to the Planning Commission without denying the project. James Markman, City Attorney, stated when this is appealed to the Council, it can be reversed in whole or in part, that there is nothing that talks about sending it back to the Planning Commission and keeping the application alive. He felt his best advice was to go with what the code says. City Council Minutes September 3, 1997 Page 8 RESOLUTION NO. 97-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING APPEALS OF A PLANNING COMMISSION DECISION APPROVING DEVELOPMENT/DESIGN REVIEW 97-11 FOR TRACT 14771, A REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1074-351-10 AND 1074-541-21. MOTION: Moved by Gutierrez to approve Resolution No. 97-131. He stated he does not have a list of conditions to add to it at this time. Brad Buller, City Planner, stated the only other option would be to place specific conditions on the project for further design development review, by directing staff to bring back a Resolution denying or upholding the appeal in part subject to these other issues being addressed. Mayor Alexander stated he would like to salvage the project with modifications. Councilmembers Biane and Curatalo agreed with Mayor Alexander. Councilmember Gutierrez stated he would like to see something designed so that it is consistent with what is already existing for that area. The motion was seconded by Councilmember Williams. Motion failed, 2-3 (Alexander, Curatalo, Biane voted no). Councilmember Biane stated what he would like to see accomplished is for this to come back and discuss design issues. He felt before the Council tries to tell the Planning Commission what they would like to accomplish, he would like the resident's input on design alone and would like to discuss this so he has defined direction for the Council and staff to take at that time. He stated all he has heard was about CEQUA issues and not design. Mayor Alexander stated he agreed with Councilmember Biane. James Markman, City Attorney, pointed out the Council is restricted to consider what is before them and if they want to change the design the staff needs a motion to instruct staff to notice a headng at the Council level on this project restricted to design only. Brad Buller, City Planner, stated if the Council was to refer the matter back to staff in an effort to come up with a different design based on Council discussion tonight, and if after that review with neighborhood input, they feel the project has changed with respect to the design aspe~,t, they would re-advertise and bdng it back to the Council. He felt the Council might want to table the matted not refer it back to the Commission, but refer it back to staff to work with the applicant and the property owners. Councilmember Biane stated he would go along with the process that Brad Buller suggested. City Council Minutes September 3, 1997 Page 9 James Markman, City Attorney, stated he felt this process was not fair to the opponents. He stated when this converts itself to a new application with new design and substantially different materials than what was originally presented, they are dght back to what he previously said which was it is now a separate project and that they would not have acted on the appeal. He stated he did not think this put them in the best position for validity and did not think it was fair to the opponents. He stated a substantive different application through conversion will not get anywhere, but in court. Councilmember Biane stated he felt a lot of work needed to be done with there being more than six floor plans to choose from and the options being made standard. He stated this would open the door to start the process all over again with a different project. MOTION: Moved by Biane, seconded by Williams to reconsider Resolution No. 97-131. Motion carded 3-2 (Alexander and Curatalo voted no). MOTION: Moved by Biane, seconded by Williams to adopt Resolution No. 97-131. Motion carried 3-2 (Alexander and Curatalo voted no). Councilmember Williams felt theta needed to be an affirmation of the EIR that is seven years old. She stated if there are differences she would like to know this. Councilmember Gutierrez stated he agreed with Councilmember Williams, but did not necessarily think every map that has been extended should have an EIR done or if the process is very rourine. He stated he did feel this particular project on the hill is unique and should have a new EIR done. RESOLUTION NO. 97-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY FOR DEVELOPMENT/DESIGN REVIEW 97-11 FOR TRACT 14771, A REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-351-10 AN D 1074-541-21. MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 97-132. Morion carried 3-2 (Williams and Gutierrez voted no). A recess was taken at 9:28 p.m. The Council reconvened at 9:55 p.m. with all Councilmembers present. 12. CONSIDERATION OF PROCESS FOR FILLING CURRENT TERMS EXPIRING ON PLANNING COMMISSION Staff report presented by Diane O'Neal, Management Analyst II. Col~ncilmember Biane stated the current Planning Commission has been sent letters inviting them to reapply. RESOLUTION NO. ~;~-/'7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF THE PLANNING COMMISSION DECISION APPROVING DEVELOPMENT REVIEW 98-13 FOR TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE, IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates, LLC., filed an application for Development Review 98-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On August 12, 1998, the Planning Commission of the City of Rancho Cucamonga reviewed the application and, following the conclusion of their review, adopted Resolution Nos. 98-55 and 98-56 thereby approving said application. 3. The decisions represented by said Planning Commission Resolutions were timely appealed to this Council. 4. On September 16, 1998, the City Council of the City of Rancho Cucamonga conducted a public hearing t)n the application. 5. 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. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on September 16, 1998, including, but not limited to, written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 98-55 and 98-56, and together with public testimony, this Council hereby specifically finds as follows: CITY COUNCIL RESOLUTION NO. DR 98-13 - HEIGHTS AT HAVEN VIEW ESTATES September 16, 1998 Page 2 a. The application applies to property located at the northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Drive and which is presently vacant; and b. The property is bordered on the north by property owned by the City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, and the properties to the south and west consist of vacant and developed single family residential land; and c. The application contemplates the construction of 40 single family homes on 25.35 acres of land which is consistent with the Very Low Residential land use designation of the General Plan; and d. The application is consistent with the objectives and requirements of the Hillside Development Regulations and complies with all development standards of the City of Rancho Cucamonga, and e. The proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located, is in compliance with each of the applicable provisions of the Development Code, and will not be materially injurious to properties or improvements in the vici,nity. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Council hereby approves the application subject to each and every condition set forth below and incorporated herein by this reference. Plannin.q Division 1) All conditions of approval contained in Planning Commission Resolution No. 98-55 shall apply. 4. 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 John Allday from The Heights at Haven View Estates; Malissa McKeith from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion; and Jack Rubens from the law office of Shepard, Mullin, Richter and Hampton, representing the Haven View Estates Homeowners' Association and Rancho Cucamonga V-Haven View Homeowners' Association, at the address identified in City records. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING APPEALS OF A PLANNING COMMISSION DECISION DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY FOR DEVELOPMENT REVIEW 98-13 FOR FINAL TRACT NO. 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35. A. Recitals. 1. The Heights at Haven View Estates, LLC., filed an application for Development Review 98-13, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On August 12, 1998, the Planning Commission of the City of Rancho Cucamonga reviewed the application and, following the conclusion of their review, adopted Resolution Nos. 98-55 and 98-56 thereby approving said application. 3. The decisions represented by said Planning Commission Resolutions were timely appealed to this Council. 4. On September 16, 1998, the City Council of the City of Rancho Cucamonga conducted a public hearing-on the application. 5. 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. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on September 16, 1998, including, but not limited to, written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 98-55 and 98-56, togetherwith public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Tackstem Street and Ringstem Drive with a street frontage of 1,020 feet along Tackstem Street and 1,360 feet along Ringstem Drive and which is presently vacant; and CITY COUNCIL RESOLUTION NO. ENV. ASSESS. FOR DR 98-13 - HEIGHTS AT HAVEN VIEW ESTATES September 16, 1998 Page 2 b. The property is bordered on the north by property owned by the City of Los Angeles Department of Water and Power, on the east by property owned by the San Bernardino County Flood Control District, and the properties to the south and west consist of vacant and developed single family residential land; and c. The application contemplates the construction of 40 single family homes on 25.35 acres of land which is consistent with the Very Low Residential land use designation of the General Plan; and d. On November 14, 1990, the Planning Commission approved Tentative Tract 14771 and issued a Negative Declaration. e. On October 15, 1997, the City Council approved Final Map 14771. 3. This Council hereby finds that the environmental materials presented and environmental concerns raised at the hearing on this design review matter did not relate to the discretionary matter before the Council, the lot-specific design of the residences in question. 4. Based upon the substantial evidence presented to this Council during the above- referenced public hearing, this Council further finds that, in any event, none of the criteria in Section 15162 of the California Environmental Quality Act Guidelines requiring subsequent environmental review exist or are present with respect to the Council's action on the Development/Design Review application. 5. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this R_esolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to John Allday from The Heights at Haven View Estates; Malissa McKeith from the law office of Loeb and Loeb, representing Cucamongans United for Reasonable Expansion; and Jack Rubens from the law office of Shepard, Mullin, Richter and Hampton, representing the Haven View Estates Homeowners' Association and Rancho Cucamonga V-Haven View Homeowners' Association, at the address identified in City records. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 16, 1998 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director Kevin McArdle, Community Services Director BY: Karen McGuire-Emery, Senior Park Planner Paula Pachon, Management Analyst II SUBJECT: PARK AND RECREATION FACILITIES UPDATE BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Lions West Community Center: · Interior work remaining includes HVAC, and flooring. Estimated completion of construction is mid September, with a site walk to establish the punch list on September 17. Once the building has been completed, City Facilities will take over the building for a 2 week period to prepare for the Community Services Department move in. Rancho Cucamonga Senior Center: · The parking lot expansion project has been completed and is operational. · The lighting was upgraded to energy efficient electronic ballasts and T-8 lamps. RC Family Sports Center: · Cabinets in the staff office were installed the second week of August. · Audible horns, which are part of the energy management system, have been installed to notify racquetball players when lights to the courts will be turning off to conserve energy when the court is not in use. · Clocks have been installed next to each basketball court scoreboard. Rancho Cucamonga Public Library: · Expansion of the main floor of the library at the northwest and southwest comers is currently in design. It is anticipated that construction will begin in mid November and continue CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 2 during the holiday season. Stadium: · Re-aiming of infield lights for the stadium fields has been completed, just in time for the playoffs! · Staff has completed a preliminary survey of the four softball fields for ADA access. It appears that we should be able to have 3 'switchback' ramps; each about 40 feet in length and be well within the maximum recommended slopes. Verification of these findings and a preliminary cost estimate is currently being prepared. The next step will be to acquire a consultant design engineer to prepare plans and specifications. Civic Center: · Stair striping has been completed on four sets of stairs to meet ADA requirements: detective entrance at the Police Dept., main entrance to the Police Dept., main entrance to City Hall, and Council Chamber entrance. · Staff assisted in the successful installation of the new audio-visual system in the Council Chamber. Spruce Avenue Park Skate Facility: · Approximately 90% of the walls have been completed. Estimate completion of the project by mid November. Remaining work includes flat work and landscape and irrigation restoration. Victoria Groves: · Replacement play equipment has been received by the City and installation will be completed by the contractor by late September. Coyote Canyon Park: · The removal of all the playground equipment at Coyote Canyon Park began this month by City crews in preparation for contract installation of the new ADA compliant equipment. City staff is working with the installer to provide the replacement equipment, and anticipates installation of equipment by late September. Red Hill Park: · The removal of all the playground equipment in the southern tot lot at Red Hill Park began this month by City crews in preparation for contract installation of the new ADA compliant equipment. Replacement of the equipment will be completed by mid-October. Heritage Park: · Two light poles have been re-installed as a result of the wind storm earlier this year. One CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 3 pole had fallen, the other was replaced as a precautionary measure. Lions Park: · Replacement of tot lot equipment for ADA compliance will be completed by early October. Spruce Avenue Park: · Replacement of tot lot equipment for ADA compliance will be completed by the end of October. Etiwanda Creek Park: · Installation of a touchpad lighting control system, similar to the rest of the parks, will be completed soon and will give Community Services staff and sports groups the ability to control the lighting. All Park Facilities: · A survey of the ADA compliance for restroom signs for park facilities is about 40% complete. Alternatives are being considered for each sign modification, addition and or replacement. B. COMMUNITY SERVICES UPDATE Seniors: · On Thursday, August 27, 1998, 160 participants and Mayor Alexander and Council member Dutton attended the seniors International Day special event at the Senior Center. Entertainment included belly dancing, Mexican dancing, Geman folk singing and food from various countries were featured. Prior to the event attendees were able to view the model of the bus being purchased for the senior transportation program. · The Senior Advisory Committee will meet on Monday, September 28, 1998 at 9:00 a.m. at the Senior Center. Items identified for this meeting include: Update and discussion concerning senior transportation; review of 1998/1999 CDBG request for senior projects; review of Golden Follies special 5-city talent show; completion of parking lot expansion; and update on City Community Based Policing Program. · The City and the VIP Club will be co-sponsoring a Sound of Music Fashion Show on Saturday, September 26, 1998, at the Senior Center. A light salad lunch will be served. Ticket price is $5.00 per person. All proceeds will be used to purchase new jackets for the Rancho Cucamonga Senior Chorale. Teens: · The Teen Center at the Rancho Cucamonga Family Sports Center concludes it's summer CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 4 session on Friday, August 28, 1998. Total attendance topped 2,500. Daily attendance varied from 40 to 60+ youngsters. The program will take a two week break to install carpet, and give the facility a thorough cleaning. The program will resume with the new after school hours on Monday, September 14th. Hours will be Monday through Thursday from 2:30 p.m. - 6:30 p.m. and Friday from 2:30 p.m. until 10:00 p.m.. Week-end Hours: Beginning in August the Teen Center began a pilot mn of weekend hours as follows: Saturday from 10:00 a.m. until 6:00 p.m. and Sunday from 11:00 a.m. until 5:00 p.m.. Staff will review the attendance figures for weekend dates after two months of operation to determine the feasibility of opening the facility during the weekends. An important issue to the successful operation of the Teen Center is providing proper training to our staff who are working the program. A training program is being developed in conjunction with the Community Services Department and West End Family Counseling, a local mental health agency in our community. Training will center on working with youth and issues that arise in dealing with adolescents, and providing positive role models. The Teen Center is equipped with a 61-inch big screen TV. Cable service from Marks Cable is not projected to be available for quite some time. Staff has explored two options: a miniature satellite dish or Cross Country Wireless Cable. Cross Country representatives met a the site with staff and Lewis Homes, the property owner, and could not reach an agreement on the mounting of the antennae on the roof. Staff has begun to research the purchase of a miniature satellite dish. Network channels are not available with such a dish. At this time staff is discussing the possibility of Marks Cable vision sharing some of the cost for the dish as well as to determine a more definitive date for the installation of their cable at the site. Staff is anticipating a resolution to this issue by mid-to-late September. Lastly, staff is actively pursuing program expansion to the east side of our community including possible locations, equipment needs and funding. Summer Teen Trips - Twenty-eight teens attended the annual week long (August 17-21, 1998) camping excursion to Campland on the Bay in San Diego. Teens enjoyed a week of beaches, water sports, camping outdoors and excursions. The teens assisted in setting up camp and cooking and cleaning. Over 213 teens participated in the summer teen trip program throughout the summer. The Teen Learning Center wrapped up another successful summer on August 21, 1998. Approximately 50 teens volunteered over 2,000 hours and gained valuable on-the-job experience as assistants in the Day Camp, Kinder Camp, Kid Explorer, Play Camp and Pee Wee Sports Program. Each teen received a t-shirt and a certificate of achievement. CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 5 Youth Youth TRAC (Teen Recreation Activity Club) concluded it's summer snack bars for the following summer programs: Learn to Swim, Concerts in the Park, Movies in the Park and Roller Hockey. The snack bars serve as the Club's main fund raiser for the year. The teens volunteered over 2,500 hours of service. TRAC is gearing up to begin it's monthly meetings and socials in October. Staff is continuing to plan for the upcoming College Fair scheduled for Thursday, October 22, 1998, from 6:30 p.m. until 8:30 p.m.. This event is the perfect oppommity for college- bound students and their parents to speak with college representatives from universities around the nation and obtain information on admissions, academic programs, financial aid and support programs. Location of the event has not been finalized. Activities: Day Camp (ages 6-12) and Kinder Camp (ages 4-6) concluded a successful summer on August 21, 1998. Registration for the two programs totaled 3,669 youngsters. Play Camp (ages 1-5) concluded its summer on August 28, 1998. Over 2,320 children participated in this program. Kid Explorers (ages 5-10) concluded its summer on August 14, 1998. Six hundred and nine (609) youngsters participated in this program. Playschool begins it's 1998/1999 year on September 14, 1998 at Lions Center East. The program also rents three classrooms from Hillside Community Church. Approximately 400 children, ages 1-5 are expected to attend Playschool classes. New this year, the City has entered into an agreement with the San Bernardino County Superintendent of Schools to utilize a classroom at the new Mulberry Learning Center (located at Arrow and Archibald). The Mulberry Learning Center was established by the County to offer pre-school classes for children with mild learning disabilities. The City' s Playschool program will offer it' s regular classes for three to five year old children at the site. Last year over 100 children were on the waiting list to enroll in classes for three to five year olds, so the addition of classroom space assists the City in meeting the needs of the community. Sports: The Sports Advisory Committee does not have a meeting scheduled for September. The next scheduled meeting is set for October 14, 1998. Field allocation requests for the spring/summer (February, 1999-July 31, 1999) will be due at that meeting. This process provides fields (city park fields and school playing fields) for 15 non-profit sport groups for the spring and summer for both practices and games. Registration for Fall Youth Roller Hockey begins on August 24th and concludes on September 24, 1998. The Summer Learn to Swim Program ended on August 23, 1998. Over 3,000 youngsters and CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 6 adults participated in group swim lessons. At the end of the fourth session, the program grossed $119,428. This figure includes revenue from group swim lessons, private swim lessons, open swim, and pool parties. Towards the end of the program the pool at Alta Loma High School was vandalized. In addition, the school site is being remodeled and construction crew hit water lines on three occasions. This caused some minor problems, bathrooms being unavailable, and a few classes had to be canceled. Credits and refunds were issued to help alleviate participants concerns. Over four hundred youngsters have enrolled for the Fall Pee Wee Soccer program which is scheduled to begin on September 14, 1998, at Red Hill Community Park. Rancho Cucamonga Family Sports Center: · Staff is working with Resource Services to determine the costs to retrofit the homework/computer room for Internet access. In order to offer Internet access and screening capability, similar to that available at the Library, the room will require the installation of a T1 computer line. Cost considerations may make this alternative prohibitive. · Clocks have been received for the gymnasiums and have been installed by maintenance. · The Fall season for Adult Basketball began on August 16, 1998. Seventeen teams (170 participants) are participating in the five-on-five leagues and eight teams (40 participants) are participating in the three-on-three leagues. · The Fall season for Adult Volleyball began on August 18, 1998. Twelve teams (110 participants) are participating. · Registration for Youth Indoor Soccer is being accepted through September 24, 1998 for the Fall season. · Youth Volleyball - registration begins on August 24, 1998 and concludes on September 24, 1998. · Cabinets in the staff room have been installed. Adult Sports: Adult Softball Tournaments - Dates have been allocated from August 29, 1998 through January 30, 1999. The tournament organizations using the Epicenter Sports Complex are: Am Com Sports, Crisis Pregnancy Ministry, National Softball Association, Ron Graps Tournaments, San Bernardino County Sheriff's, Vons, and the United States Slo-pitch Softball Association. These organizations represent 23 teams, 12,000 participants and $18,350 dollars in revenue. Adult Softball Leagues - Fall season classification games began on August 28, 1998. One hundred and fif~-six teams (2,340 participants) are registered for the Fall season. Lions East and West Celebration: · The date for the Lions East and West Celebration has been set for Saturday, October 17, CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 7 1998, from 12 noon until 4:00 p.m.. The grand opening will include a ribbon cutting ceremony, facility tours, food and fun for the whole family. The Lions Club will participate in the Grand Opening and the ribbon cutting. Facilities: · Lions West is nearing completion of construction. Initial walk through development of a punch list is expected in early September. The building will not be available for the start of Fall classes on September 12th as planned. Most classes will remain at Lions East until Lions West is ready. A small number of classes may have to be canceled or have their start date delayed due to lack of facility space. The building is projected to be open by October 1, 1998. · Staff from Community Services, Community Development, and Engineering, along with the City Manager, performed a walk-through of the Rancho Cucamonga Family Sports Center, Lions Center East and West and the Epicenter (soccer fields) to review issues and repair items at these facilities. The Grapevine: · The Fall issue of The Grapevine was distributed to residents in mid-August. This issue focused on the recent expansion of City services and facilities, i.e., Lions West, Senior Center, Rancho Cucamonga Family Sports Center, as well as highlighting the vast array of programs, services and daily operations of our City. The Vietnam Memorial Moving Wall was also highlighted in this issue. Fall recreation classes will run from September 12 through December 4, 1998. Production of the Winter issue of The Grapevine begins in October. Contract Classes: · The Fall session of contract recreation classes begins in September. The delay in the opening of Lions Center West has resulted in the shifting of classes scheduled for West, back to Lions East and the cancellation or postponement of some classes that cannot be accommodated. Community Wide Special Events: · Founders Day Parade and Celebration is scheduled for Saturday, November 14, 1998. The theme for this years event is American Pride: A Tribute to our Veterans. The parade begins at 9:30 a.m. and travels down Base Line Road from Vineyard to Archibald. The celebration begins at 10:00 a.m. at the Epicenter and includes continuous entertainment, delicious food, a farmer's market, an antique car show, and the parade award ceremony. In addition staff has met with the Rancho Cucamonga Chamber of Commerce to discuss the possibility of incorporating the Chamber's Business and Community Expo, which this year is scheduled to be a one day event, as part of the City's celebration festivities. Packets for the celebration CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 8 have been sent out to over 300 interested participants. Staff is also in the process of preparing the contract with the parade consultant for Council execution. Vietnam Memorial Moving Wall - The West End Veterans of Foreign War Posts (Chino, Ontario, Rancho Cucamonga, and Upland) held their first Vietnam Memorial Moving Wall fund raiser on August 21, 1998, at the Rancho Cucamonga Senior Center. The all-you-can- eat spaghetti dinner was very well received by the community with 175 participants. Those who attended also enjoyed the live entertainment by The Johnny Hall Swing Band. Revenue raised from the event totaled $1,096.00. Another fund raiser for the Vietnam Memorial Moving Wall is scheduled for Friday, September 25, 1998 from 6:00 - 8:00 p.m.. This event will be sponsored by VFW Post 11546 - Chino Valley and will feature a steak dinner and karaoke at the American Legion Post in Chino. Cost for the event is $6.00 per person; $7.00 at the door. Tickets may be purchased by calling Bill Alexander, VFW Post 8680, at (909) 337-3796. Staff is continuing to meet bi-monthly with representatives of the West End VFW Posts to finalize details of bringing the Vietnam Memorial Moving Wall to Rancho Cucamonga. Items still being addressed include: availability/confirmation of Marine Corp Band for the opening ceremony and hotel arrangements for the representative from the Moving Wall for the nine days when the Wall is in town. Park Facility Reservation Signs: · As reported earlier staff has purchased permanent park reservation signs for City picnic shelters. These signs will inform the public of which park sites/shelters are able to be reserved and which are available only on a first come frrst served basis. Signs also provide residents with a contact number for the Community Services Department for further information. Signs were recently installed in all parks by our City park maintenance division. Proposed Boxing Program: · Staff is currently researching community organizations who potentially may be interested in providing a boxing program. Senior Transportation Program: The contract between the Rancho Cucamonga Family YMCA and the City to develop and implement a senior transportation program for our community residents has been signed. The bus is in the process of being purchased; anticipated delivery date is mid-October, 1998. Staff is in the process of receiving bids for the base station and five radios for the program. In addition, staff is working with the YMCA and a graphic designer to prepare a design CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 9 concept for the program including the bus. Trips and Tours: · Julian Apple Country - October 10, 1998. Picturesque Julian which is located in the hills of the back country of San Diego County is the apple capital of the country. The trip will include a stop at Dudley's Bakery and Bates Nut Farm. Cost: $23.00. (Space is still available). Human Services: · Commodity Distribution - First Monday of the month from 1:30-3:00 p.m. at the Senior Center. USDA surplus food products are distributed to low income Rancho Cucamonga residents on a first come, first served basis. October's distribution date is October 5, 1998. · "The Doctor is In" - Free monthly seminars on topics of interest. All seminars take place at the Senior Center between 12 noon and 2:00 p.m.. October 20 - Arthritis: Your Joints and You. Featured presenter: Dr. Harvey D. Cohen. · Living. Learning and Laughing - Bi-monthly workshops on the second and fourth Wednesday of the month from 10:15 a.m. until 11:15 a.m. A three month series of six workshops will stress Nutrition, Cooking, and Senior Fitness. Sponsored by Primecare Medical Group of Inland Valley. · Elder Law Seminars - Monthly seminars for senior citizens. All seminars take place at the Senior Center between 11:00 a.m. and 12 noon. September 25 - Investment Alternatives for Seniors; October 23 - Medicare Supplement Plans or HMO's: Which One is Right for You. Private counseling is also available by appointment on the second Friday of the month between 12 noon and 2:00 p.m.. · Senior Information and Assistance - Referral service available at the Senior Center by appointment on the 4th Thursday of the month between the hours of 10:00 a.m. and 12 noon. Service is provided by the County of San Bernardino, Department of Aging and Adult Services. Park and Recreation Commission: · During this reporting period the Commission discussed or took action on the following items: Consideration and discussion regarding street banner applications for Fiscal Year 1998/1999. Update and establishment of future agenda items for Senior Advisory Committee. Update and establishment of future agenda items for Sports Advisory Committee. Epicenter: · Since the last report to City Council the following activity has taken place at the Epicenter: CITY COUNCIL STAFF REPORT PARK AND RECREATION FACILITIES UPDATE September 16, 1998 Page 10 - Valley Baseball Club - Hollywood Celebrities Special Baseball Game (August 22, 1998) Staff is working with the following representatives for possible events at the Epicenter: - Noda Films - Baseball Uniform Photo Shoot (September 9 & 10, 1998) - City/RC Professional Firefighters Association - Celebrity Charity Softball Game (October 4, 1998) - Community Services Department - Vietnam Memorial Moving Wall (October 23-29, 1998) - Community Services Department - Founders Day Celebration (November 14, 1998) Res~c~tful~mitted, Rie~ G~mez ~/ Co: nm~elopment Director Community Services Director RG:KM:KME ~'~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING PROPOSITION 9 WHEREAS, the State of California recently restructured the electric industry; and WHEREAS, the purpose of the electric restructuring laws was to provide customers with a competitive electricity market and the ability to choose energy service providers; and WHEREAS, the City of Rancho Cucamonga recently entered into an agreement with a new energy service provider in order to achieve savings for the City; and WHEREAS, Proposition 9 has the potential to disrupt California's restructured electricity market; and WHEREAS, the proposition also has the potential to undermine the City's new contract with the State Department of General Services and Commonwealth, Inc., as well as our efforts to realize savings on our electric bills; and WHEREAS, Proposition 9 creates numerous fiscal uncertainties including the taxpayers' possible obligation for repayment of rate reduction bonds. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OR RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The City of Rancho Cucamonga opposes Proposition 9.