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HomeMy WebLinkAbout1990/04/04 - Agenda PacketCITY C;U U'l~l I;IL ~ ~ A G E N D A CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:110 p.m. April 4, 1990 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga •sr City Councllmembers Dennis L. Stou[, M1rawr Pamela J. Wright, covnrnmrmerr Deborah N. Brown, Mnyo, P,o-rrm Charles 1. Buque[, cnuru~ilmrmbrr William 1. Alexander, cuunmmrmDrr •rr i i .lack Lam, cuy ,NOnuxr, lames L. Markman, cl(r AVnrnrr Debra J. Adams, ca. nr.x City Office; 989-1851 Lions Park: 980-3145 City Council Agenda April 4, 1990 PAGE j ~, All items submitted for the Citp Cavacil Agevda moat bs is I IC ~ ~~ ~ writiaq. The deadline for subaltting these items is St00 p.m. I I i it on the Nednesdap prior to the meeting. TAS Ciip Clerk's ICI ~ Office receive• all such items, I I A. CAT+. TO ORD°R ii ~ 1. Pledge of Allegiance to Flag. ! I, I, 'i I ~ Alexander , Stout __, 2. Ro11 Call: Buquet I, ~ I = Brown and Wright li B ANNOUNCE!ffiNTS/PRESENTATIONS I i 1. Presentation of Proclamation Declaring April 1990 ae ~ Census Month in Rancho Cucamonga. 2. Presentation of Proclamation Designating April ae Recycling Month in Conjunction with Celebration of Earth Day 1990. ' 3. Preeeniat ion of Proclamntion Declaring April 1990 as I ~ i ~ Earthquake Preparedness Month. C. COgIVNICATIONB PROM TEB PUELIC it This is the time sad place for the general public to addreu IC ~ the City council. State law prohibits the City Council from I I eddreaaiag enp iaeue not previously included oa the Ageade~ i I The Citp Council may receive tutiexaay sad wt the alter far aubaaquent maatiag. Couaats ere to ba liaitsd to five miaute• par ivdividual. ~ 1. Request by Steve Martino, a potential reeldent of the i Woodridge Batetee, to diecuea with the City Council the raleaee of util it lee for 15 homes in Trect 13644; I discuss Building Division's inapactione of Trnct 13644; I s..^.d d+acass Engineering Divie ion's review and 8^_CSptance of public improvements on Hermosa Avenue. PAGE City Council Agenda April 4, 1490 2 D. CONSENT CALENDAR ' I I The following Conseat Calendar items era expected to be ~ ~' j routine and eon-coatrovereiel. TAey will be ncted upon by the ~', Couacil a! oae time without diacuasioa. Anq itm maq be i removed bq a Councilmmber of rembmr of the audience fes . ~ ', '', 3iecsesian. 1. Approval of Warrants, Regiatar Nca. 3/21/90 and 3/21/S O; y and Payroll entling 3/14/90 for the total amount of 'a2, i64, 465.44. 2. Alcoholic Beverage Application for off Sale Beer 6 Wine, 14 T 6 N Market 6 Deli, Nqhia Thi and Tang Van Do, 9319 Foothill Boulaverd, ilA. 3. Alcoholic Beverage Application for On Sale Baer 8 Wine 16 Eating Place Por unnmed restaurant type bueineas, non and Vanessa Ashton, 8671 Baee Line Avenue. 4. Approval to authorise the Advertie ing of the "Notice I 18 Inviting Bide" for the Landscape and Irzlgation Maintenance Contract for Landscape Maintenance Assessment Dletrlct No. 6 to be funded by Account Noe. 45-4130-6027 end 45-4120-6028. RESOLVTION NO. 90-132 +~ A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ''LANDSCAPE AND IRRIGATION lI71ZNTENANCE CONTRACT FOA LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 6", IN SAID CITY AND AUTHORIZING AND D IRECTINC THfi CITY CLERX TO ADVERTISE TO RECEIVE BIDS 5. Approval of Article B Claim Traneportaiion Punde for 24 Piecal Year 19 R9 /90. 5. Apprcral foz the expenditure of <1?5.00 fcr an 2? advertisment in the We-Tip Annual conference progrm, to be funded from Account No. 01-4122-6028. 7. Approval to authorise destruction of City records which 2$ are no longer raqulred under Gover~unent Code Section 34090. City Council Agenda April 4, 1990 PAGE RESOLUTION NO. 90-133 I I 29 i A RESOLUTION OF THS CITY COUNCIL OP THE CITY I '~ OF RANCHO COCAMONGA, CALIFORNIA, AUTHORIZING TES DHSTRUCTION OP CITY RECORDS AND DOCUtgNTS WHICX AAEN O LONGER REQUIRED AS 1. '' F•d.^:^DED L^SCE.°. OO:mo_ywRg. CO^E S°-CTIOE 34 neC ~ I I II i i i e. Approval to adopt a reeolution in support of et ate 33 I I ~ 'I ~~I legislation to protect the abu icy of i....=: yc.~r _-c r.« I I I ~ I ~, to adopt bui131ng standards which are more stringent l i '~, than thoee adopted by the state fire marshal and state ' t i '~. housing law. RESOLUTION NO. 90-134 33Q A RESOLUTION OF THE CITY COUNCIL OF TNB CITY ~;~ OF RANCHO CUCAMONCA, CALIFORNIA, TO SUPPORT ' SB 1830 (GRBHN) AND AB 2666 (HANSEM) URGENCY i LEGISLATION THAT WOULD ASSURE TB6 ABILITY I OP CITI85, OOONTIES AND FIA6 DISTRICTS TO I ADOPT BUILDING STANDARDS WHICH AAH MOBS STRINGENT TNAN TNOSH ADOPT80 BY THE STATE FIRE MARSHAL AND STATB HOUSING LAN 9. Approval to deeignate the Stegmeiar Houaa, located at I 34 I I I 7050 Stiwanda Avenue, Rancho Cucamonga, ae an Historic l I Landmark (LD 90-01), APN 227-101-13. I I'. I II ~, RESOLUTION NO. 90-135 4f) j Ili it A RESOLUTION OF THE CITY COUNCIL OF THE CITY I I~ OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING I, ~, HISTORIC LANOMAAE 90-0] THHRBBY D83IGNATING I THE STEGMHIBR HOUSE AND BARN, LOGTHD AT 7050 ETIWANDA AVENUE, RANCHO CUCAHONGA, A3 ' AN HISTORIC LAMINARR I 30. Approval of Parcel Map 13108, located south of 24th 4$ Siraei at Wardman Bullock Rond, eubmittod by Caryn COmFa0y (P.PN 2?5-111-0?). 49 RESOLUTION NO. 90-136 A RESOLUTION OP TH6 CITY COUNCIL OP TN8 CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING PARCEL MAP NO. 13108 City Council Agenda April 4, 1990 PAGE ~I i 11. Approval to annex Ttact 13886 and Petcel Map 11394, 50 ~ located at the northwest corner of Base Line Road and Etiwanda Avenue, to Land seeps Maintenance Dietz ict No. V ~, i 2, submitted by The Batmakian Company. I ~ ~ $! II I RESOLUTION N0. 90-137 !I it II I A RESOLUTION OF THE CITY COUNCIL OF THE CITY Il i i 'i OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING t i THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR i i ~' TRACT 13886 AND PARCEL MAP 11394 ' I I ~ ., ~ ~~ 12. Approval of the Hnviconmental Initial Study Parts I and 54 ~i ' II for the Carnelian Street Storm Drain, Street Rehabilitation and Widening from San Bernardino Road to north of Aoberde Street. I 56 RESOLUTION NO. 90-138 I A AEEOLUTION OF THE CITY COUNCIL OP THE CITY ! OF RANCHO COCAMONGA, CALIFORNIA, APPROVING ! ! ~ THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE I !! i I it OF A CATEGORICAL E%EMPTTON FOR TFffi CARNSLIAH STREET STORM DRAIN AND STAEBT IMPROVSMSNT9 I '. PROM SAN BERNAADINO ROAD TO NORTH OP AOBEADS ~ ~ i STREET I '~ ~ t ''. 13. Approval to award and authorization for execution of 72 ' . ~i I ~ contract (CO 90-050) for Rochester Avenue Petkwey i 'i iu.Provcinent Project, located 142 feet eoutn of Chervil t Street, tc Bopxrk Enterprises for the amount of ~ ~, i $331,114.00 (5315,346.50 plus Si contingency), to be funded with eeautif icat ion Funds Account No. 23-4647- 1 i 6935 (FY 89/90 end FY 90/91). 14. Approval to award and authorization for execution of 74 contract (CO 9D-D03) for Milliken Avenue Median and Gateway Improvement Ptoj act located lrom Fourth and Sixth Streets tc Valley Crest Landscape for the amount ~i I ,. $43d, 540.00 (5d13,E95. 18 plus Si ccrt ingancy), to M ~ I funded with Beeutitication Funds Account Nos. 21-4647- 8814 and 21-4647-8719 (FY 89/90 and PY 90/91). I PAGE City Council Agenda April 4r 1990 I ~ 15. Approval to award and authorization for execution of ]6 contract (CO 90-051) for Amethyst Street widening, Area it ~ i I II, Storm Drain, Phase I, Improvement Project located ' ~ Baer ox Ametnyet wvenue, nortn of i9ch 6creei vw i 'i Highland Avenue to Aershaw Construction for the amount I I i 'i of $267,611.00 ($243,203.75 plus SOt contingency), to ~, i ~~ ba fu. dad f:c D:azrage Pund Acreunt No- 23-3637-8865 I and TDA Article 8 Pund No. 12-4637-8905 (PY 89/90). i I ~ it , I I i I I 16. Approval to award and execute a Pzofeas tonal Services I 78 Agreement (CO 30-052) between the City of Rancho li '~~ Cucamonga and Centennial Civil engineers for the ~ I preparation of a Project Report for Foothill Boulevard ~ I Implementation Program, Phase I, from Gzove Avenue to I I Lion Street, excluding the Southern Pacific Railroad Vnderpnee. The not-ta-exceed fee of $204,126.00 plus lOt contingency will be funded from Redevelopment Agency I + Funds, Account No. 13-50300. 17. Approval io execute the Conetrvction and Maintenance 80 Agreement (CO 90-053) between the City of Rancho i i Cucamonga and the Atchison, Topeka and Santa Fe Railway Company (A. T. 4 S.P. Co.) for the proposed Milliken Avenue Giade Separation at the A.T. & S.F. Railway Crossing designated PVC No. 2-95.6B north of Sixth I i Street. I I ~ 81 RESOLVTION NO. 90-139 I I A RESOLUTION OF THE CITY COUNCIL OF THB CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING j it ~ AND EXECOTING THE CONSTRUCTION AND MAINTENANCE AGREEMENT HETWBEN THfi CITY OF RANCHO CUCAMONGA ANG THE ATCHISON, TOPEKA I AND SANTA PE RAILWAY COMPANY BOR TH8 PROPOSED MILLIREN AVENVE GRADE SEPARATION AT THE A.T. 6 S.P. RAILWAY CROSSING DESIGNATED PUC NO. 2-95.68 NORTH OF SIXTH STREET ~, -,.• .•.FFr-Val Cf the Mllle get A;reem9nt 9D-O1 (CO 90-0541. 82 Rod Wright -A proposal to implement the use of the Hill• i Act to reduce property Cax on the property located at i 7050 Etiwanda Avenue, APN 227-101-13. City Council Agenda April 4, 1990 PAGE ~" RESOLVTION NO. 90-140 ~ 106 i , R'cSOiu'1'loN OF THE CITY COUNCIL OF THE CITY I li ~ OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ': I A MILLS ACT AGREEMENT (ARTICLE 12, SECTION j I ~, 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR I i 11 i 1 '^~ PP.CPEP.TY LOCATED AT 7C $C ETINA:7C.A AVE:iUE h j 19. Approval to award and execute a Pro£esaional 9ezv ices I~ 107 , it Agreement (CO 90-055) between the City of Rancho ~, Cucamonga and Say Rim Enq insets, Incorporated, to ~, ' prepare design plane, specifications and eetimatea for i 'I Area IV Archibald Storm Drain, Phaes lA and 1B for a fee I , not io exceed $96,749.00 plus l0a contingency to be i i funded from Drainage Fund, Account No. 23-4637-8947 I ' ~ (lA), and 23-4637-8948 (1S ). I j 20. Approval to execute Contract Change order No. 1 (CO 87- 109 164) with SSI Conaultante, Incorporated, to provide additional engineering aervicee for Etiwanda/San sevaine Area Naeter Plan of Drainage. The Change Order is for the total amount of $18,748.86 to bring the contract total to $103,748.86 to be oa id from the Etiwanda i Drainage Fund, Account No. 19-4637-8766. ~ I 21. Approval of Sunmazy Vacation of a portion of Liberty 110 Street, Nnp, execution o£ Improvement Agreement, ~ j Improvement Security, and Ordering the Annexation to ~ ~ Landscape Maintenance District No. 1 and Street Llqhting i ~~ Maintenance Dietrlct Noe. 1 and 2 for Tract 13898, ' located at the northweet corner of Lemon and London I j i Avenues eubmitted by Hernia Hirrahi and Joeaph Say. ~ RESOLUTION NO. 90-141 111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEl~NT AGAEEt~NT, IMPROVEMENT SEWRITY, AGREEMENT FOR ENCROACHMENT INTO CITY EASEMENT OR RIGNT-OF-WAY, AND FINAL MAP OF I I ~ mpgrn. HO. 13898 112 RE90LUTION NO. 90-142 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF MNCHO CUCAHONOA, CALIFORNIA, SUMMARILY OAOERINO THE VACATION OF A PORTION OF LIBERTY 9TAEET PAGE City Council Agenda ~~ c ~ .~ April 4, 1990 7 .•` P ~ S e 0 a 3 I I RESOLUTION NO. 90-143 113 ~I ~ I I A RESOLUTION OF THH CITY COUNCIL OP 'IHE CITY I ~ I i I OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING I ~ THE ANNERATION OF CERTAIN TERRITORY TO i ' LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND ~ I I i I l ~ STREET L:GHT:::C HAZ:L"E2:A::CE DISTRICT :SCE. I I I i i ~, 1 AND 2 FOR TRACT 13898 i 22. Approval to execute Improvement Agreement, Improvement ~ 116 i i Security and Ordering the Annexation to Landscape Maintenance Diatrict No. 3 and Street Lighting t I. Maintenance OS Strict Nos. 1 and 6 for Tract 11428, I located easterly of center Avenue between Church Street I and FcctF.i 11 Boulevard eubmitted by Q8M Companies. ( , ' 117 I RESOLUTION NO. 90-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY oP RANCMO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGAESNENT AND IMPROVEMENT SECURITY FOR TRACT NO. 11428 118 RESOLVTION NO. 90-145 A RESOLUTION OF THB CITY COUNCIL OP THE CITY ! ~ I OP RANCHO CUCAMONGAr CALIFOANIAr ORDERING THE ANNEXATION OP CERTAIN TERRITORY TO I 'I ' LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND I ~'', I Si'REET LIGHTING MAINTENANCE DISTRICT NOS. II I ~ 1 AND 6 FOA TMCT 11428 ~~ 23. Approval to execute Improvement Agreement, Improvm4eni I I 121 i i li Security and Ordering the Annexation to Landscape I Maintenance Diatrict No. 3 and Stzeet Lighting Haintenance Diatrict Noe. 1 and 6 for CUP 88-38, located ~ on the waet Bide of Haven Avenue between Hilleids Road end Carrari Street submitted by HS13eLde Community Church. ~ RESOL'JTIOH Y.O. 9C-146 i22 A RESOLUTION OP THE CITY COUNCIL OF THE CITY ~ OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT 9ECUAITY FOR CONDITIONAL U9E PERMIT NO. 88- 38 City Council Agenda April 4, 1990 PA4E I ~ RESOLUTION NO. 90-147 123 I I i i I I ~ ~ n oo~n....~...., ..a .,..,e ...m., ,...,......._ n~ m.,e ,..m., OF RANCHO CUCAMONGA, .CALIFORNIA, GRDERING I ' THE ANNEXATION OF CERTAIN TERRITORY TO I ' ~ ~ LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND I S?BEET LIGHTZN: MAZNTENAHCE PISTRI CT NOS. 1 AND 6 FOA CONDITIONAL USfi PERMIT 88-38 ~ i 1 24. Approval of a Supplement to a previously approved 126 I Improvement Agreement of Tract No. 13851, located north I I I I I of Wilson Avenue, west of Deer Creek Channel, for ~i I I Syeteme Fea Credit and Reimbursemsnte fOY the Wilson j Avenue Crossing Structure of Deer Creek Channel, submitted by Pacific International Development, Incorporated. ~ RESOLUTION NO. 90-148 12) A RESOLUTION OP TN8 CITY COUNCIL OF THE CITY ~ OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ~ i TH$ SUPPLEMENT POR THH PREVIOUSLY APPROVED i IMPROVEMENT AGREEMENT OP TRACT NO. 13851 i 25. Approval to execute Improvement Agreement Extension for 129 Tract 13270 loeeted on the northwest corner of church ~ I I ~ Street end Milliken Avenue, eudnltted by Western Properties. I i RESOLUTION NO. 90-149 ~ 131 ~ II I A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY POR TRACT 13270 26. Approval to execute Improvenent Agreement Extension for 132 Tract 13271 located on the northwest corner of Terra Vista Pnrkway and Milliken Avenue, submitted by Lewis II I Homes. ' RESOLUTION NO. 90-150 134 A RESOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENBION AND IMPROVEMBNT SECURITY POR TRACT 13273 City Council Agenda April 4, 1990 PAGE III II 27. Approval to execute improvement Agreement Extension for 135 I I I Tract 13273 located on the southeast corner of Milliken I '~ ~I Avenue and Mountain V1ew Drive, submitted by Western ~ ~ I Iii II Properties. I RESOLUTION fi0. 90-151 137 i I' I, A RESCLUTION OF THE CITY COVNCIL OF THE CITY 1 ~, I II OF RANCNO CUCAMONGA, CALIFORNIA, APPROVING i, I _;;T.^,C•J°w.rn nnoFFN£Nm £%TEN RTON ANU I I IMPROVEMENT SECURITY FOR TRACT 13273 ~ i ~ ! ' 28. Approval to execute Improvement Agreement Extension for 13fS I I li Traci 13280 Landscape, located on the north aide of ease I Line Road between Milliken Avenue and Rochester Avenue, I II ~ submitted 6y William Lyon Company. I i I ~ R85OLVTI0N NO. 90-152 140 ~ I A RESOLUTION OP TME CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT AGABEMENT EXTENSION AND j I IMPROVEMENT SECURITY POR TRACT 132&0 29. Approval io execute Improvement Agreement Hxtenelon for 141 Tract 132&1 Landscape located on the northwest corner I I ~ or Naea Llne xoao an0 HCCne6ter Avenue, submitted Dy ~ i William Lyon Company. RESOLUTION NO. 90-153 I 143 II A RESOLUTION OF THE CITY COUNCIL OP THE CITY j OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND i IMPROVEMENT SECURITY FOR TRACT 13281 ~ 30. Approval to execute Improvement Agreement Extension for 144 Tract 13464 located on the south aide of FaLrmont Way between Milliken Avenue end Renyon Way, submitted by ~ i wLlliam Lyon Company. i ~ i I RESOLUTION NO. 90-156 i i4i A RESOLUTION OF TH6 CITY COUNCIL OP THE CITY 08 RANCHO CUCAHONOA, CALIF0At1IA, APPAOVIN6 IMPAOVEMBNT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POA TMCT 13444 ~ PAGE City Council Agenda April 4, 1990 30 31. Approval to execute improvement Agreement Bxtension for Tract 13753 Landscape located on the north Bide of ease Line Road between Milliken Avenue and Rochester Avenue, submitted Dy William Lyon Company. RESOLUTION NO. 90-155 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING ___.._.~_..- ,,.,.5........ -~.I~. o-- xNU ZMPROVEIffiNT SECURITY, FOR TRACTn 13753 LANDSCAPE 32. Approval to execute Improvement Acreement Extension for Parcel Map 10295 located on Elm Avenue between Spruce Avenue artd Church Street, submitted by Lewis Homes. RESOLUTION NO. 90-156 A RESOLUTION OF THB CITY COUNCIL CP THE CITY OF RANCHO CUCAHONGA, CALIPOFN IA, APPROVING IMPAOVEi~NT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POR PARCEL MAP 10295 33. Approval to execute improvement Agreement extension for Parcel Map 11030 located on the northeast corner of ~~ • uu iaveru anu pavan xvenue, aunmlttee Dy Lawia Development company. RESOLUTION NO. 90-157 A RESOLUTION OF THE CITY COUNCIL of THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SBCURITY POR PARCEL MAP 11030 34. Appravel to accept Improvements, Releaee of Monde and Notice of Completion for Tract 12870 Storm Drain, located On the north side of Highland Avenue between East Avenue end etiwanda Avenue. Raieaeer Faithful Performance Bond (Street) 5774,000.00 148 150 157 153 154 156 157 Accept: Maintenance Guarantee Bond (Street) $ 77x400.00 d City Council Agenda t ° > S ~ April 4, 1990 ee a° y` 3r PAGE 11 ~ RESOLUTION NO. 90-158 ! 1SH ~ ~ I A RESOLUTION OF THE CITY COUNCIL OF THE CTmv I OF RaIL!Rn O ..AiiGivGA, CALIFORNIA, ACCEPTING • ~'~ THE PUBLIC IHPAOVE.NENTS FOR TRACT 12870 ~ j ~ '~ ~ ' STORM DRAIN AND AUTHORIZING THE FILING OF ~ A NOTI CH OF COMPLETION FOR TFIF. WORR i ~ I ~ I ~ 35. Approval Co accept Improvements, release of Maintenance 159 ! I, ', Guarantee Bond for Tract 13059 located on the west aide ~ I I I of Fairmont Avenue between Highland Avenue and ease Line ~ I Road. I, i II I l Maintenance Guarantee Bond (Street) $ 50,000.00 ~,, I Ill 36. Approval to accept Improvement e, release of Maintenance 160 '~ ~ Guarantee Bond for Tract 13192 located on the north aide ~ ~ of Terra Vleia Parkway, east of Spruce Avenue. i Maintenance Guarantee Bond (Street) $ 15.800.00 i i 37. Approval to accept Improvements for the Alta Loma Storm 161 Drain (A.D. 84-2 ), Contract No. 89-025, ae camplate, i I l release the bonds and authorize the City Engineer to ~ file a ^NOtice of Completion". i i rtv DULU'A'1uN au. YU-IJtl 1bG I i l A RESOLUTION OF THE CITY COVNCIL OP THE CITY l OF RA17CH0 CUCAMONGA~ CALIFORNIA, ACCEPTING ' THE POBLIC IMPROVEMENTS FOR ALTA LOMA STORM ! DRAIN (A. D. 84-2), CONTRACT NO. 89-025, AND ai l AUTHORIZING THE FILING OF A NOTICE OF COMPLETION POR THfi WORK I S. CONSBfiT ORDINANCES The following Ordinances Dave had public hserioge at the tips ~ of first reading. eecoad readings ere expected to be teutiae I ~ ~ end non-controversial. Thep will be acted upav by !h. lbancil ' ~ er ane tine witeout diecuaeion. The Citp Clerk will read the i title. Aap rtes can be raewved for diecuaeion. No Items Submitted. PACE ~, City Council Agenda 3 ~° a ~ ~ April 4, 1990 12 eo~o'e3 ~ F. ADV6ATISED PUBLIC BBARINOS I i ~ ~ Tne following itus have bees advertised and/or potted ac i public hearisga as required by law. The chair will open the ' casting to receive public teaiiconp. i I 1. CONSIDERATION OF FOOTHILL BOVLEVAPD SPF.CTFTC PY~AN 163 I t ~ nvvwn..e..~. e~~_~~ ~.ITy .~.° _°u;CPn C~tC ~~CYCI. _ w -cy'c.-it to amend the Foothill Boulevard Specific Plan by adding pharmacy ues in the Specialty Commercial District of ' ~ i ~ Subareas 1, 2, and 3; clarifying the intent of wordings i I i it in several areas of the Specific Plan text for consistency purposes; clarifying the Development I li ~ district and standards fez the area at the end of San I li i ~ Bernardino Road in Subarea 2; and modifying the plant ~ palette for the Poothili eoulavard landscaped median I ~ island. (CONTINUA TO APRIL 19, 1990) 2. g~ 164 I ORDINANCE NO. 290 - CITY OP RANCHO CUCAMONGA - An ~, ~ amendment to Chapter 5.12 of the Municipal Code II i modifying regulations for eniectainment permits. ~ I~ i i ORDINANCE NO. 290-A (first reading) 171 AN ORDINANCB OF THH CITY COUNCIL OF T113 CITY V1 MMNI:nV AnVemVn4a~ I:MLllUNNle~ gMENU1N4 i i TITLB 5, CHAPTER 5.12 OP TA8 RANCHO CUCAMONGA MUNICIPAL CODE TO HODIFY I I REGULATIONS NNCEANINC ENTERTAINMENT PERMITS ~ ~ I I O. PVELIC NEARINOS The following iieca have no legal puDlicatian or posting requiruenta. The Chair w111 open the waling to receive public taatiaoap. 1. OONSIDEMTYON OR tOZDIAN 0PENINGB AND LANDSCAPING NITHIN 172 MEDIANS IN THE TEAM VISTA PLANNED COMMUNITY - M appanl of the Planning Ca®Saaion'• declalon is deny a median i opening on Cnurcrt Street between Neet Blm Avenue and Spruce Avenue. (COntiaued froe March 21, 1990) et City Council Agenda e° FS ~ April 4, 1990 reP O'S3 PAGE 13 e. CITY NANA68R'S STAPP RBPORT9 I j j I ~ '. The following items do noY legally require sap public tectiaonp, although the Chair map open the meeting for public input. . I I I I I _ 1. STAT75 PEvOsT ON map mop ssrr I3"L°~.nT P4Y^TP.,~L. ;yy0, 189 I i ADCRE$TEA ' i I I II i I I 2. REPORT ON PLOOD INSURANCE 19O l ~' I. COUNCIL BUSINESS i j, ~ j i ~ The following items have bean raquuted by the Citp Council I ~,, i ~ for diacusaioo. They era sot puDlie haariag itaa, although I 'I I i j the Cbair map oyes the meeting for public input. No Items Submitted. j I J. IDTNTIPICATION OP ITEMS FOA NETT MELTING l I I Tbis is the time for Citp Council to identify the ilea they wish to disease at the next meeting. Thaws SLaa will sot Oa I diacuwed at thi• maetiag, only iflanLifiafl foe the next I I maeung. I j ~ ! I R. COMMUNICATIONS PRON T08 PUBLIC li I Tbis is the time and place for the general public to address j ~ the Citp Comcil. SYaYS law prohibit the city Comcil from i i addressing say isana not previously included oa the Agenda. The Citp Council map receive tatimowp and eat Lha afar for a subaaquaat meeting. Comments are to ba Limited to live II minutes par individual. I I I I I ~ L. ADJOURNMENT 1t66TIN0 TO ADJOURN TO EIECUTIV6 9EBBION TO DISCUSS PmIDIN0 LITIGATION REGARDING TBE PROPERTY LOCATED AT 11659 M86 LING R011D, I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, I hereby certify that a true, accurate copy of the foregoing agenda wee posted on March 30, 1990, seventy-two (72) hours prior to the meeting per Covernmeni Code 54953 at 9320-C Bean Llna Aoed. r ~ ~ ~~ N RECEIVE` ua~cu 23, 1990 Debra J. Adams City f..l erk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA, 91729 Subject: Request for placement of an item on the agenda for [he next City Council meeting scheduled for April 4th, 1990. Dear Ms. Adams, Please consider this a formal request by mYSelf and other current and potential homeowners in the Woodridge Estates, for an item to be placed on the agenda fnr the nett City Council meeting scheduled for April 4th, 1990. 'Phe above mentioned group intends to address the City Council end Staff and request from the City Council that they consider a resolution directing Staff to release utilities on i~ Homes rn tract Blso44 (Wooaritlge 6statesl. We intend to provide supportive dor.uments at the meeting to justify our need, Thsnk You. Respe }~' y Submitted, Ste ien A. Martino r^~~ q~ 9~w~~e RIM 29 WV RECEIVE ,.arc,. .,,. 1^^,C Debra J. Adams City Clark City of Rancho Cucamonga P.O. box 807, Rancho Cucamonga, CA, 91729 Subject: Request for placement of an item on the agenda for the next. City Council meeting scheduled for April 4th, 1990. Dear Ms. Adams, Please consider this a formal request by myself and other current and potential homeowners in the Woodridge Estates, for an item to be placed on the agenda for the next City Coun r_il meeting scheduled for April 4th, 1990. I intend to address the Council and Staf£ with regards to the legality of a policy that was taken by the Building and Safety Division in June of 1989, and was later explained r.o councr,i rn a acafc report uace~i august ocit, iy6y, iius pe i.r cy had to do with the "with holding of inspections on Tract N 13646, as an enforcement effort", due to lack of Customer Service Response on another unrelated Nordic Tract. We intend to submitt supportive documents to justify our cl.a im of illegal action. Respe cf~lA Su bmitte tep en' A. Martino a ~:r ~, . ~`°~ ~2s~ March 28, 1990 Debra J. Adams Ci[y Clerk City of Rancho Cucamonga P.O. Bez 807, Ra r.c ho Cucamo r.ga, CA, 91'2^> Subject: Request for placement of an item on the agenda for the next City Council meeting scheduled for April 4[h, 1990. Dear Ms. Adams, Please consider this a formal request by myself and other current and potential homeowners in the Woodridge F.a tatea, fot an item to be placed on cite agenda For the next City Council meeting scheduled for April 4th, 1990. I intend to address the Council and Staff and request an Administrative review into the City's Engineering n,••.e.nn~~ 6enAl: of •6e Dn61:. Wn+L~ ~.en.n.•e.e en~n nn ne.mn~~ A..o ad,j scent to Tractnk13644. I intend to point out alleged falsehoods, misstatements, and misleading actions that have taken place. I intend r.o Vrovide supportive documents and statements at the meeting to reinforce my claims. 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Torrez C®PY~_d.~.~.~rM.. .-- -- YFlK~S10N 1011 ~ICOMOIK ffN9~Of IKBifflfl 1. iYpE(3) OT 1lCEN3E(fl MlE NO. Te: MprO.fw d Akebdk fvnraP C4a1rW _ RIV[[9IO[ Wl 9AIl BFJP [ e RFCEItt NO, 0836A0 3RIarMi. CaRl. 63818 ~nnmr u~,n <x.m., T i IN GATING PLACd ~GF~11G.B )B 13 M r:dirvOmd Sw<AY oppAO<Ir Ikvrrw. dOrtriM w i.tlr.a DoN lewd I. NAMf(f) Of AfrtKANrlf) icmp. Iormit ° AppRM and.< s.<. xau ^ ERwNn Dar.. - En«N.. mN: S. *YfFRI W nUNSArnON(s) RE RK. ryfE _--- _ Per Cil f1i~..> <1 __~ i. Nemf d f..im,. s. Iwasan a w~,...-N.mB.< wd sB.« ue"rt daiehne AVe. City ad DP Cde CauMY TOTM f 130.00 6. II Mmiw<lk.md, It-136111 T.Mh«niuc lwid0 3lmw tYp M ^<e^" Hi CIM 4mfnT f Mali:p Ad9rw (il diRarml frem Sl-NVnbr wd Lr<Or ~E.M: rti-I 4di0 9p1aF1 AYe.n Alt1 toi. G 91)01 Mn 0. Man Yaa nw 60<n cowitMd of o F.lenyl 10. HO.v IOV vnr rialaNd any a11M p.o.irian M M< Alcoholic :ti~. MrwWV Cwnd An w npuM9a:a el Me DvPaMnO:a pw. 11. E<plun o "YES" awww b ilxm 0 w IO an On aawM1mem wbi<~ Jwll ba EOrnN port of Nir applkenon. 1T. Applicant aR.w< lal 1M1 airy mone9n xnpbYN In on.g10 RcmW pYmi<x wiN Iwlo all Ma qualM<vrion< al a linm.e, o,d fbl lfer M will rol vidaF w caw w pwmh a by riakNd Onf W Mr p0.iera of MO AlwheF< frvryo Conrrol Act U. STATE Of Ul1fOIMIA Coanry of ...._~v0I~1M ............. DaN_.._... Il13[90-____... .r .wMr I <-r< Aw -M. ~ r-+wf nY.<w.~ u~«nw -••_. _._a.. ~ +,..r... .. Mw ~I~.n~ •~<YV w +yY~r^ ~.~ n 4 ..n0. ~~nrN+nM w ...r<.nr .<w ~. Mn...< nn.fv <: inn~lwn, iP~nrrs in .n.., ,~w~4~ ~w<.n_~4 «~ n. w.i,~n-i ~r .« i..nn .,w ro ..w ~< ~..el:n w. 1/. AIfIICANT L, '., ~~ ~' siGN NFRF ._____!L:?..` C11L ~n:?J. ~ .__. ! S0 .__....______________________________________________ •N1K11110N tY TRANfF~ROR IS. 3TAIE Of UIIfORN1A Ceanry M . ~~~~~ _DON ___. .~/13/90, ,.. YnM n.M~r M s' ~ ~M .tiw ~~ w. rmi W n~ "1, n M ~m nnn ~ A r-T~ wnM n/nnMa M ~n ~<1r Mn irnAr nr<Mivn n n <Yn~N Fn ti.nF n Mnw.M W e ~nw r u 0. .nr:n-.r n.r 11 ~r w N-~-nwMnrn<~ ,M `wAM anrw. ] xnn wr wnlw wMnnnn, n nrr wwaw :n .r +w4 w n ~n~ rnr< ..m n~ ~. nnM1 M unJ- wN ~ n M Gr+r~ny ~<n^law a w ML - yv r rrM~n M vn -, An ~.~.4 yNe r ~.,M< < n MAM ~w.wn - W ,.+rn ..n .n .ww u.41n n <n asnn.nnr` r CJ RwuwOA fw d........._lNd a ............................. OIIkR aA._______...._._.14RRW E3A DO Nq ArW hlprr TA4 Llv; Fw UaPaNraa+I Vw ddy ~. AnxMd ~ RnwdN ro9ae, NdvdirY IOpvrA ^ .___......___._.._.._ _~ ___________________cones MA[ro.__JL16/R4....._.._..._.....__._____._ _ _ ,3A S~~~iv c-' -__s i ~ ~. ~Y IY ,y jA $!~'i 6!L ~~'g ~. ~lV, ~/ 3if ~~_I~i'I~~~'s sj IS ~''L~ -- d'GS'7 8L~ _ 6E~R~, ;8-,~ _I2 66~ ~ - --- 86/1 ~ u r f 7 ~ - APNk 207-022-24 fl671 Baseline Rd. na n~iiu ~u~ouimi9u, ~e• 91730 Property currently Zoned: Neighborhood Conmerical (Sunrise Center) Zoning of adjacent Properties: North: Medium Residential 8-14 Du's AC South: Medium-High Residential, 14-24 Du's AC East Office West Vacant flood Control Dist. ,itorrez ~7mar90 --CITY OF RANCHO CUCAMONGA ,~±~a STAFF REPORT ~: DATE: April 4, 1990 •~. City Ccuncii and City Manger ~ FROM: Russell H. Maguire, City Engineer By: Jeff Barnes, Maintenance Supervisor Landscaping and Parks i SUBJECT: Authorize the advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment District No. 6, [o be funded by account Nos. 45-4130-6027 and 45-4130-6028. Recommendation: It is recommended that the City Council approve the plans and specifications for the Landscape and Irrigation Maintenance Contact for Landscape Maintenance Assessment District No. 6, and approve [he attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". Background/Analysis The subject plans and specifications have been prepared and completed by staff and approved by the City Engineer. Legal advertising is scheduled for April 15, 1990, and April 22, 1990, with the bid opening on Thursday May 3, 1990 at 2:00 p.m. Respect Submitted, i ~r~~ :3Bidw ~ i -- Attachment RESOLUTION t10. 90-j3~ A RESO LU TI OtJ OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC AMONGA, CALIFORNIA, APPROVING PL PNS AND SPECIFICATIONS FOR THE "LPNDSCAPE AND IRRir.ATrnH un~?t;TEf" ;TR..CT tUR LANDSCAPE M,AI NTENANCE ASSESSMENT DISTRICTV N0. ~6", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO REG EIVE BIOS WH EP,EAS, 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 pia n5 and specifications for the construction of certain improvements. NOW, THEREFORE, the City Council of *_he City of Rancho Cucamonga does hereby resolve that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment District No. 6". BE IT FURTHER RESOLVED that the City C1 erk 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 specifica- tions, which said advertisement shall be substantially in the fcl',owing xa rds and figures, to wit: "NOTICE INVITING SEAL EO BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Ra nc ha Cucamonga, San Bernardino County, California, directing this no tit e, NOTICE IS HEREBY GIVEN that the 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 O'CLOCK P,M. on the 4th day of MAY, 1990, sealed bids or pro- posals for the "Landscape and Irrigation Maintenance Contract for Landscape Maintenance Assessment District No. 6" in said City. bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Landscape and Irri- gation Maintenance Contract far La nd sca oe Ma inte na nro Ac se ssment District Nc. 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 Retatfons of the State of California is required to and has determined such general prevailing rates of per diem ~~ Resolution No. 90-*** Page 2 wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such detP !`Illi na tinn< fn hu n ,^nA at ~G- __5 -`c The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such iabore r. wn rkma n, or m<.he.,ic :; ry id le-s C7~a,~ iiie general prevail- ing rate of wages here inbefo re stipulated for any work done under the attarhed contract, by him or by any subcontractor under him, in vio- lation of the provisions of said Labor Code. In accordance with the provisions of Section 1771.5 of the Labor Code as amended by Chapter 971, 5ta to tes of 1939, and in accordance with the regulations of the California apprent iceshfp Council, pro- perly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1717,5 and 1777.6 of the Labor Code coot ern Tng the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcon- tractor employing Lrad esmen in any apprent iceable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a tertiftra ro nF ~n~.~..,i r,._ fix the ratio of a rent ices to n~ ~ ~"" PP journeymen that will Abe ~u sod yin the performance of the contract. The ratio of apprentices to jau rneymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. 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 u. When the Contractor provides evidence that he employs regf ste red apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. o Resolution No. 90-*** Page 3 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 app re nt iceable trade on such contracts and if other Contractors on the public works site arc m,v~nr ~,; ~i. ",,,-~ibo t;~_.s The Contractor and subcontractor under him shall comply with the requirements of Sections 1177.5 and 1777.6 in the employment of apprentices. _In forma tion relative to apprenticeship standards, wa qe schedules, and '_..-. .-•°.~~~~~"~~ ~^~~ ~~ ~~w ~,~=~ .. o... uie uirec for or mau str Tai ne Tat io ns, ex-officio the Administrator of App ren±ice sh ip, San Fra nt isco, California, or from the Civision of Apprenticeship Standards and its bra nc li offices. Eight (8) hours of labor shall ton stitu to 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 lays of the State of California having `o do with working hours as set Forth in Division 2, Part 1, 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 emp TOyed in the execution of the contract, by him or any subcontractor under him, upon any of Lhe work here inbe fo re mentioned, for each calendar day during which said taborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Ca e. Contractor agrees to pay travel and sub sis to nce pay to each workman needed to execute the work required by this contract ac airh tem.. of ,.,a .~~~. eis ce nce payments are defined in the applicable collective bargaining agree- ments filed in accordance with labor Code Section 1713.8. The bidder must submit with his proposal cash, cashier's check, cer- tified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (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, cashier's check, certified check, ar 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 seoand lowest bid, and the surplus, ,;f any, shall ye returned to the inwect adder. .. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the con- tract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the ~I Resolution No. 90-*** Page 4 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 6e required to furnish a certificate that he carries compensation insurance covering his employees upon ~~i J~.`. ` ~: .'.-'= ~''Cr :.an `; 1C: ::~~i-ii iilay L•e en Le r•ed In Lo between him and the said City of yRa ncho Cucamonga for the construction of said work. No proposal will be considered from a Contractor whorn a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation; adopted pursuant there to at the time time this contract is awarded. The work is *.o be done ir. accordance with khe profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $25.00, said $25.00 is nonrefundable. Upon written request by the bidder, copies of the plans and specifi- cations will be mailed when said request is accompanied by pay~ne nt stipulated above, together with an add it ianal nerve imbu rsa ble payment of $15.00 to cavzr the cost of mailing charges and overhead. The successful bidder will be required to enter into a cnntrarr sacisrac Cory Lo Lne Ctty of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set rorth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Con- tractor's request and at the Contractor's sale cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, Cali farnia. AO""E,", T:ZL: • April iG, i99"u d Rpril 23, 1990 ~a PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 4th diY of llpril, 1990. ATTEST: e ADVERTISE ON APRIL 15, 1990 APRIL 22, 1990 ~~ ~' CITY OF RANCHO CUCAMONGA STAFF REPOftT DATE: April 4, 1990 TO: Mayor, Members of the City Council and City Manager FROM: Jim Hart, Administrative Ser•.•i^_e_ Direclcr BY: Susan M. Neely, Finance Manager 4 .~ QI Q E~ ~ z isn J'1 SUBJECT: ARTICLE 8 CLAIM TRANSPORTATION FUNDS FOR FISCAL RECOMMEhDP,TION I. The City Council authorize the City Manager to sign the attached Article 8 Claim. 2. The City Council outhorize by minute action the distribution of Transportation Development Act Funds (TDS) for fiscal year 1989/90 in the amount of $1,207,105.00. BACKGROUPD Each year it is necessary that the Ciri Crwmril nnthnri>« ~hn rta• nn......,...... .;_., u,_ attached Article 8 claim form to authorize receipt of the •City's Transportation Development Act Funds for street and road purposes. For fiscal year 1989/90, the City of Rancho Cucamonga will receive a Total of $1,207,105.00 in Transportation Development Act Funds. Respectfully submitted, ~~(,~- Jim Hart Administrative Services Director JH/SMN/dah attachments SAN BERNARDINO ASSOCIATED GOVERNMENT5 TDA ARTICLE Ba CLAIM FORM FISCAL YEAR: DATE: 1989-90 3/19/90 CLAIMANT: PAYMENT RECZPIENT: City of Rancho Cucamonga CITY OF RANCHO CUCAMONGA COUNTY LTF: ( la mant)• Sen Berrardino ~'• U. Box 807 vn¢ sl CA (X) Article 8, PUC Section 99900a ( ty and Z p Code) Local Streets and Roads Susan M, Neely, Finance Manager ( ) Article 8, PUC Section 99900a (Attent on-Name an T tle) Bicycle and Pedestrian FOCilities Buean M. Neely (714) 989-1851 (Contact Person-P_a~ No.) DETAIL OF REQUESTED AL TION: AMODNT 1. Pavment from Unallocated Fond 51.207,105 2. Payment from Reserves (Draw down of funds reserved in a vrevioua veer) Tot dl Payment Requested (Sum of Lines 1 and 2) i1,~oi,1Ds this claim and payment by the County (CLAIMANT'S CHIEF Auditor to this claimant are subject ADMINISTRATOR OR to monies being available, and to the FINANCIAL OFFICER) provision that such mon iea x111 be used only in accordance with the allocation instructions. (S gnature) Jack Lam, City Manager (Pr nt Name an T t e) PAYMENT SChetlule xequestetl: one paym Other -- indicate monthly payments on 7 10 1 9 8 11 2 5 9 12 3 6 ~5 ov mw m O ~a 0 m N H Ewa o .+ c, [Fy m q m Fm m n wmb ".~ E H ~' v W W m ~ Q H N ~ N p p 4 N NE b mW o W.,~ m O ~ ~ ~ a O ~y W V~ R WW oo ? r` o' ~ E mw ' rv ( b N N ..~ m ,O b2 0 mo c ~maE, Nm m..bo um u 7obw D o Umy H~ma+ ' U iC W m 'q n n e n a `O ~ n .dmNa .+e W o n rv M m W o ~ ~ I l l w l I I ~ ~~ U am~ W o ^I I y n ~ ~ ~ N M m O W _ ~'+ N M Q ul ~n r W Of p~ N N V ~ .H al O F N N o u U 1-1 ~ m _ ro `~ ~ .y '~ Q N W u c ~ "~ T1 ~ Q h ~ _ C ~ d1 ~ W N g v Vl N O G' ,'L t+ b w o O C .y y i yy ` C M H ~ O ~, .~ b~ y q N N H m NN m PN N ~. i 01Q V Hq U o N m al N~.F{ ~ N yy .Nj~ ' WN q ~a N M N F w q >~ W.i VH q N UO ~ [ ~ a ~01 au ° uu ~,~ ~v~ e ~ a' " . i a - a ~ pw aa" ao~ ~ U ~ ~ ~ N t~ ~ F ul y O1~D 1~ F m [ 01 M V N 0 a v~ a ~, .~ b .u~~ U p rox W E m 'N M ~ '~' N J~ q C U oA W OF ou .ti m +~+ 6~ N ~ o m V-I M C H V ~ m " c m ~ F m ~ N A~ W M .%i b 01 >~i b MW m - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 6, 1990 T0: Mayor and MemDere of the City council ..._... ___... Aatr... Senior Adminietratlw Aaeietsnt SUBJECT: ADVRATISIDOSMr MR AWMDAL N6 TIP CONP6REIIC6 bROC Aecommentlaticn It ie recommended that the City Council approve the expenditure of $175 from account 014122-6028 for a quaztar-page ad in the WaTip Annusl conferenes brochure. WaTip ie an organization committed to reducing crlaq Sn our communities and whose national headquarters era located in the Ciiy of Rsncho Cucamongs. Since weTip has playact such an important role !n the fight against crime In communities across the country end Se a nannbez of our community tamily~ staff reooemends that an advertisement in their brochure from the City o[ Rancho Cueamwnga, showing R/e/~/plectfully eubmittad~ `/! / /~, /w~-- ~ `:mow - Duane A. baker Senior Administrative Assistant Db:ked DB\184 CITY OF RANCHO CUCAMONGA STAFF REPORT ~-' DATE: April 4, 1990 T0: City Council PROM: Debra Adams City Clerk/Records Manager SUEJECT: DESTEDCSIOE OD CZIR DOCglt6ET8 It Ss recommended that City Council approve the Resolution granting authorization to destroy records listed an the attache3 form. Under the authority o! Government Code Section 94090, a flepartment ti~~~ m.., A.cirnv nertetn ctty_ records which are two yasre old under his charge as long ae such deetruotian Se first approved Dy the city attorney and city council. Also under the same Government Code Section, authority ie granted to destroy records which have been microfilmed. DA/ir attachment y )33 RESOLUTION N0. 90-""* A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CUUE SEC (lUN 34 u9u WHEREAS, it has been determined that certain City records under the charge of the following City Departments are no longer required for public or private purposes: ADMINISTRATIVE SERVICES WHEREAS, it has been determined that destruction of the above- mentioned materials is necessary to conserve storage space, and reduce staff Lime, expense, and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are na longer requf red, upon the approval of the Cfty Council by resolution and the written consent of the City Attorney; and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without makf ng a copy thereof, which are over two years old; and NHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, 4h is City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2: That the City Clerk is authorized to allow examination by and donation to the Department of Special Collections of the University Research Library, University of California, or other historical society designated by the City Council, any of the records described in Exhibit "A" attached hereto and Wade a dart hereof, exceaL those deemed to be confidential. SECTION 3: That the Cfty Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. I Resolution No. 90-*** Page 2 B I, A N K P A G E (signature page) 30 ,.:.. Resolution No. 90-*** Page 3 OEPART!lgETAAmi nFS Ta iva [ rviroc RETacirsoa 2-5 Years ~ /~ ~ ~/7 ~ Aar e« o'Kp/L /~,,u'fdr.~lrx4 PR~ARED Hr/DATE Tnn} D~ieenll //fin-50 ~.T 110. Racnrvie ranin~ .I-.s D. a;,z. DESCRIPTIOa at CmITEETae Cash Diebureementa Jouraal: 1980-81 1991-92 1982-e3 1983-94 Caah Receipts Journal: 1979-90 1980-81 1983-92 1982-93 1983-9/ Warrants Journal: 1979-80 Bank Reconc111ationa: 1984-86 1986-96 Deduction Reglster Leave Baleaee Reoorta: 1-T-83/4-17-93 Payroll Labor DSatrlbution Report: 1983-84 Aeaeaamant District Caeh Dlsbnreementa: 1984-86 CDBG Cash Diaburaemeats 1981-06 Check Register-Permanent Employee Earnings:. 1-81/7-81 APPllmt/tp !DR DElTEDCTIDII E!t a-~~-so D=P ss ~ a Arox ~' xi, .4sst. City Attorney 3( E=EOLDrIDa qD. Dare ostraoxaD Resolution No. 90-*** Page 4 CITY ~ RANCHO CUCAMONOA Datructim Nettftutlan Report PAGE: 1 MTE: 02/22/90 TINE: 11:23:51 TM folloxinq reeorde are scheduled Vor deatnrctlm. Pleue ind4ate defiyed dtsowittan, sign end return to RECORM NANAGEIIENT. ~ The records l!xttd Salon uY ell M datroyM. ___ Retain those eerked with en % for ~ eontb, destroy rat. 0 BILL T0: 115! RECORDS COORDINATOR: L1AN6 DEBBIE OEPi ; 1151 DEPT NAME: fINAXCE MAIL SORT: penye. M: 233 NARK ____. - ^-- DATES PERMNENT RECOAD CTR. ~ OESTAOYAREIRIEVAL 00% (%) EVENT 80% Cp1TEXT5 fAdl TO BO% N0. LOCATION Sex GATE GATE SEXT T0: _I O ACCOUNTS RECEIVAOlEAOLE Ot/O1/90 12/29/10 115 01-03-06 1 Ot-1990 _ D ASSESSENENT9 O1/O1/t2 12/29/12 19 01-09-01 3 01-1990 _I 0 CASX OENIdIOS i NARRANiS 01/01/t1 12/01/02 it 01-02-06 1 01-1990 I D I CASH OENAIIDS i NARRANT9 01/tlt(it 11/30/12 11 01-02-06 2 01-1990 _ ' I D CASk OEIYNO9 i NARAANTS 12/31/12 11/29/13 19 03-02-0t 3 01-199C I_I 0 CASN OEMNDS i MAARANTS 01/01/11 12/if/p 11 01-01-01 A 01-1910 I_I 0 CASH DEAAN09 i NAAAANT9 01/01/13 11/1!111 11 01-01-OS 3 01-1910 I_I D CAST DEMANDS i XARRAMT9 01/01/13 12/19/11 1t 01-82-05 / 01-1990 _ D CASI 06SMD5 i NARRANTS 01/01/N 01/01/15 15 01-02-OS 1 01-1990 I_I 0 DAILY CASH RECEIPTS 02/01/11 01/01/12 2 01-01-01 2 01-1110 j-I ~ DniLi siari -nesiiii ii viN i%oe uoia i%ni i UI-V I-VA 1 UI-IYN _I D DAILY CA9N RECEIPTS 02/01/13 01/71/17 5 01-01-02 1 01-1990 _ D MILY CAST RECEIPTS it/tl1/13 02/01/11 T 01-01-61 1 01-1990 _, D GAILY CAST RECEIPTS O!/O1/t3 03/01/11 6 01-01-02 1 01-1910 I_I D DAILY CASN RECEIPTS 01/01/01 06/01/t/ 1 01-01-01 2 Oi-1190 I_I 0 DAILY CASX RECEIPTS Oi/01/BI 09/01/11 9 01-Of-07 1 01-1990 (_ 0 DAILY CASH RECEIPTS 10/01/91 12/01/!1 10 01-02-01 2 01-1990 I-; D TIRE CAADS 01/12/11 11/27/11 -5 01-01-01 1 O1-i9l0 I_I 0 TINE CAAOS 01/01/12 01/01/11 -/ 01-01-07 2 01-1910 _I D 11Mf CARDS 09/01/11 i1/01/t2 -3 01-01-06 1 01-1190 I_ D TINE CAADS 61/O1/q 06/01/13 -1 01-01-00 2 01-1190 I_I D TIME CARDS 01/01/03 11/01/13 -1 01-01-0! 1 01-1110 -I 0 TINE CARDS Oi/D1/U 01/01/t/ 0 Ot-01-05 2 01-1190 I_I 0 TIME CAA03 01/O1/t/ 11/01/11 1 01-01-01 1 01-19N nn /l ,~ !~l~l9UI_~i_~_:y(Jf~~I~fC_I I~/„i/~L4~.~G'~iEt,/,(J,S /~ Den: DEPARTMENT HEAD D -1 Oiu: A78T.CITY A/TORNEY `~~~ /~ CG.L>~y~d~ SO%ES TO R DESTROYED 21 3~ - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 Tv: .'•;ayor dilil Flm~weis of ene city Council FROM: L. Dennis Michael, Fire Chief SUBJECT: STATE OF CALIFORtlIl1 ATTORtlHY G%!ffitAi. OPINIOtl tl0. OB-90~ Consideration for adoption of the attached resolution supporting adoption of Senate Bill 1830 and Assembly Bill 2666, State legislation which would assure that local agencies retain their existing ability to adopt building standards which are more stringent than those adopted by the State Fire Marshal and State Rousing Law. BACEGROOHD On September 14, 1989, State Attorney General John Van De Kamp issued AG opinion ivo. 88-904, which purports that local government may not adopt building and fire standards that are more stringent than those adopted by the State Firo Marchal nnAer ror•ain nnr+innc of the Ftafa Hnncinn Law. This opinion, if not overturned, would potentially eliminate local government's long established practice of enacting local legislation based upon local need and conditions, which are determined to be specific and unique to the many counties and cities throughout our State. Examples include, but are not limited to, smoke detectors, panic and life safety hardware, exit lighting, fire sprinklers and wood roofing, etc. Senator Green and Assemblywoman Hansen have authored proposed legislation which is intended to assure local jurisdictions retain the authority to enact more restrictive fire safety standards than those adopted by the State Fire Marshal. These two bills, SB 1830 and AB 2666 are currently going through the legislative heariaq prccess. it is extremely important that we indicate local support through adoption of the attached resolution. ~:, ~. Mayor and Members of the Board of Directors April 4, 1990 Yage Two Attachment No. 1 is the League of California Cities' position of support regarding SB 1830. Attachment No. 2 provides a?3it ic.;zi ti~„y.....,..,d ..f..rm~.:,.,, f....^ Fho rr.l if^r.^.ia Pirc ~- Chiefs Association regarding protection of "Home Rule." Re®®sp~~ectfully submitted ,~ ,J Til\ iV/ Denni l,?V~ Fire Chief LDM/rb Attachments A1TAC@~t>'1 60. 1 9. Public Property. Dangerous Conditions. AB 3317 (McClintock). Pending in Assembly Judiciary Cotmittee. Support. 10. Solid Waste. Reryrling. AB 939 Wazte Characterization Study Regulations. Request Information. ~ ~ l3ei!vding I'P.mi!g. Priority Fnr Iccuanre Phacino AvreementS. AB 324$ (Allen). . _... ........... a Review & Comment. V :2. Office Hours of State and local Government Agencies. AB 316? (Speier). Review & Comment. ~L' `k']3. Developer Fees. Local Government Fees. AB 3228 (Frazee). Review & Comment. 1~. Water Planning. AB 3426 (Eaztin). Information. ADMINISTRATIVE ACTIVII'ilsS 1$. Cellular Radiotelephone Facilities. PUC Public Workshops on Siting Facilities. Information. 16. Clean Air Act. Local Government CFC Preemption Deleted from S 1630. Information. flHt ~itp! ~t~~~~/fit pt-~t~pt ~` mr•m ArTMTrCC ~G 1. URGENT-SUPPORT- ~i g Safely Standards L?gislation to Authorize More Restrictive Local Buildipg-$tandards. SB 1830 { r enl. 1•-jg~,-jJlg~enate Housin¢ Committee. March 20. 1990. 18 provides that local jurisdictions have the authority to enact more restrictive fire safety standards than thou adopted by the State Fire Marshal. Such regulations include requirements for smoke detectors, fire sprinklers, 5re resistent roofing, quick release mechanisms for iron bars over bedroom windows, the number of exits, door widths, access requirements, ban on fireworks, and similar types of fire safety ordinances. The major opposition to SB 1830 is by developers who are primarily concerned with the ability of local jurisdictions to require fire sprinklers in all now single family residences. As a result, they have labeled this a "5re sprinkler" bill and argue that the costs of installing sprinklers would significantly impact housing affordability. Since the issue of fire sprinkler requirements is controversial, based on the past legislative history to require existing highrise buildings to install fire sprinkler systetns, it will be difficult to pass ,x„]830. Therefore, it is imperative that Gilles call ~ write the member of the Senate Horsing 2 March 9, 1990 3~ `~ A'iTACffi~TP ND. 2 ?°eservr:::c_ a; ~~amo Fc::fle icr )Piro ~arety To: California Ci[ies and Counties,Authorities Having Jurisdiction Fire Protection Districts DAT&D January 16th, 1990 From: Califomia Fire Chiefs Association{s) Subject: Retention of "Home Rule" for California cities and counties Recommendation It is recommended that elected and appointed officials in local government develop an understanding of this background information and adopt a local action plan to protect the preservation of the home rule principle in California. Background It has been stated that the very first law that was created by the early colonists in North America was a law relating to fire protection. Reportedly, the early settlers developed restrictions upon :,`,;. ,.,,,vf ccttaL, y~a~ii~cs iu citiuutoy consuuction in order to prevent roof fires. Fire was then, as it is now, a phenomena that strikes at the basic level of social organization: the places where we live and work. Over the last 200 years we have developed a significant amoun[ of information on how to deal with fire problems. However, the United States still leads the industrial world in fire deaths and property losses. Basically, fire protection still remains a local government responsibility Some local governments are doing a better job of controlling the fire problem than others. The state of California is one of the most unique of the iif[y states in the[ it has the most wide ranging, diverse and complex climatic, topographical and geographical conditions Over the last 100 years the cities and counties that are the providers of public safety have been aggressively pursuing ways of providing for that public safety against an array of catastrophic conditions. 33 e As of the writing of this position paper it has been estimated that more than 50 percent of the cities and counties in California have adopted specific code amendments to deal with issues that are directly related to the conditions in that community. If the issue •.vas to hP VIP_WP.d from a standpoint of the populations 6eine protected by communities that have adopted these cod e amendments, the percentage of population protected by these amendmen[s is probably as high as 75 percent. These code requirements, which are mere stringent than the mtnimum requirements of the State Fire Marshal, have been proposed and adopted by local authorities having jursidiction after assessment of each communities' specific needs. On September loth, 1989. Attorney General John Van De Kamp issued AG Opinion 88-904 which purports that local governments such as "cities and counties may not adopt building and fire standards that are more stringent than those adopted by the State Fire Marshal under sections 17922, 17958.5, or 17958.7 of the State Housing Law." This opinion attacks the principle of home rule and has a chilling effect an the motivation of local government to address the resolution of problems that may be specific to that community Several communities that had pending code amendments agendized for adoption have cancelled the adoption process merely because [his opinion has been stated. In effect the opinion creates a "mini-maxi" code approach in California. Fire Protection Requirements The following information has been provided in this section of the position paper to acquaint those individuals who lack background in [he fire service with some of the technical aspects of modern fire protection requirements. In order to understand the actual need for fire protection requirements beyond those specified in the model codes in the California State Building Standard Title-24, i[ is necessary to lay some ground work in basic fire department delivery capabilities. In the National Fire Protection Association Book, "Fire Attack-2" by Warren Y. Kimball, it states that it is necessary to provide 4 (four) gallons per minute(gpm) per cubic feet of area to control a fire. 4 gallons per 100 cubic feet averages out to .4+ gallons per square foot 33 ~ 3 of fluor area. (In this Irypahcsis we arc using a ?500 square foot Group R. Division 3, single family occupancy, with an average 10 foot ceiling x .l GPI = 1000 GPil1 fire flow.) One thine-person engine company can deliver a maximum of '_i0 GPI by hand lines. A 1000 GPM fire flow would require a minimum of 4 companies [o respond within an appropriate time frame to deliver the required fire flow to control this theoreticui fire. Mnnv departments initial structural response is 2-3 .ompanie„ (Smaller departments--a company can be 3, 3, or 4 persons with an average of 3.) The closest company is usually 4-6 minutes response time away from the incident. This does not account for the time in detection and the report of the alarm. Companies #2 and #3 on a 3 company response are normally responding from a greater distance, thereby requiring additional response time. Upon arrival of the first company and upon situation assessment, an additional alarm may be struck. This is a normal procedure in minimum manned departments- The second alarm units, usaully 2 or 3 companies, will require an additional 4-6 minute respcnse time. The initial arriving response company may be unable to apply water immediately, if it is necessary for them to conduct a rescue. Wi[h this information and that in the enclosed Exhibit A, one can see tt-ru mtnutes of ttre growth can occur prior to the application of water and 30+ minutes before the arrival of all four necessary companies. In the January, 1987, issue of "Fire Engineering" by Mr. Francis L, Brannigan, author of "Building Consaucdon for the Fire Service". I discusses the phenomenon of flashover. It has been generally accepted for many years tha[ flashover occurs approximately 15 minutes after fuel ignition. Tests conducted in the last 10 years have proved this to be grossly wrong. National Bureau of Standards tests show flashover in 3 minutes 55 seconds in a typical test in a series. Subsequent to these tests a National Fire Protection Association filmed two movies, "Fire--Countdown to Disaster" (1984) and"Firepower" (1986). In the fires conducted for the filming, flashover occurred in 2 minutes in the (984 fire and 3 minutes 47 seconds in the 1986 fire. The point I am making here is that flashover previously set at IS minutes is in fact more probable at 3-5 minutes after fuel ignition. Consider then the relationship between fire growth--reflex and 4 response time-- and Flashover. I[ appears that flashover will usually occur prior to the arrival of adequate manpower to apply the required fire flow. This would indtcate Thai built-in fire protection systems are the only viable way to control these situtions. The model codes take none of the outlined information into consideration in developing their building standards for built-in fire protection systems (sprinklers). In smaller jurisdictions where its not possible to provide the required manpower to deliver the"fire flow", it is even more important to build in necessazy fire protection in the form of both passive and active fire protection systems. Local Control Throuoh Code Adoption The current edition of [he Building Code which is adopted by most communities identifies the fact that the authors of this code intended it [o be a minimum code. The Uniform Building Code, in Section 102 states: "The purpose of this code is to provide m i n i m u m scanbartts to safeguard life or Itmb, health, property and public welfare by regulating and controlling the design construction and quality of materials, use and' occupancy, location and maintenance of all buildings and swctures within this jurisidicaon." Further, the code continues in Section 105 to cleazly state that: "The provisions of this code are not intended to prevent the use of any material or method of construction not specifically prescribed by this code, provided any alternative and its use has been approved by the building official," If the AG's opinion is carried to its ultimate conclusion it results in the codes adopted at the state level prevailing over the needs or desires of a local community. It removes the opportunity to develop alternative provisions to protect the public welfare. r 5 Current Code Amendments Presently for local jurisdictions in California to make any modifications to the State Building Code, these changes must have their need predicated on geological, climatic, or topographic conditions. Few jurisdictions in the State of California at present aze not impacted in some way by these three conditions. Ciima[ic = ury weatherJwinds promote faster fire development, easier ignition. Topographic - Man-made infrastructure development inhibits fire department ability to respond, also natural topographic conditions such as steep hills, brush covered lands. Adds to response time and provide additional fuels for fire development. Geological = Produces slides blocking roads in rainy season, slides, infrastructure collapse in time of earthquake. Ore of the most important factors to consider is the ability of fire departments (or lack of it) to field adequate manpower and equipment to deliver the required fire flow needed to control fires in a timely manner in order to protect and save lives and property. Therefore, it should be the duty and responsibitity of the local government, be it city, county, or fire district, to determine the level of built-in protection necessary'. If the AG's opinio is allowed to prevail the ability to make local amendments is eliminated. However, the AG's opinion is just an opinion. It is subject to evaluation by others. Many communities do not concur in its conclusions. Its existence raises doubts over the future of many code amendments that have already been adopted into ordinances by local governnaenu It casts ambiguiiy over the current discussions of local code amendments that are being considered for adoption during the current legislative processes. [t has already been stated that the purpose of this position paper is to provide local governments and authorities having jurisdiction, including both elected and appointed officials, with background and information on the issue and to provide these same 33 G 6 organizations and individuals with a plan of action to pursue in order to retain the principle of home rule. However, it should also hr stated that this positie*: paps: i; intended to provide a framework for developing a strategic plan to assure that the erosion of this home rule principle is not allowed out of failure to monitor current and future actions of special interest erouns /t mast be noted at the outset of tkfs paper that the authors are in no way opposed to tke use of uniform codes to achieve minimum standards. The onfy contention in this position paper is that these uniform codes are minimum standards and should not be used as a restraint upon a community to use them as the masimum standard that can be employed to deal with local problems and issues. ~periences in Other States The mini-maxi concept has been applied in several states over the last few decades. The two most notable examples we can discuss for purposes of this position paper aze the states of Virginia and New fork, in the case of vtrgtnta the mini-maxi code has been identified as being the largest obstacle to the implementation of modern fire protection planning in that state. Two recent boazding home fires in Virginia highlight the fact that local authorities have been prohibited from using contemporary fire protection technology because of the state wide limitation. Virginia is currently contemplating the status of that state's restraints in light of these recent lazge loss fires involving fatalities The state of New York recently defeated a housing and urban renewal proposal by the State Fire and Building Codes Council chairman that would have established amini-maxi code in that state. The chairman, Richard Higgins had proposed that local municipalities could not initiate building construction and fire codes more restrictive than the New York State Uniform Building Code. Biggins' decision was overturned by a vote of 9 to 3 in a hearing. Subsuquent to that hearing, an amendmen[ has been proposed to Article 18, Section 379 of the New York State Uniform Fire Prevention and Building Code Act to read: "If the council finds that such higher or more restrictive standards are reasonably necessary because of special conditions prevailing within the local government and that such standards conform with the acceptee engineering and fire prevention practices and the purpose of this article, the council shall adopt such standards whole or in part. The council shall have power CC limit iht fCrm Gr dura:iGn of s::c.: sta.:dardb, iu,7Gbc conditions in connection with the adoption thereof, and to terminate such standards at such times, and in such manner as the council may deem desirable or proper." This code provision is currently under consideration by the State Legislature of New York. Aifferences in Ooinion Attorney General Van De Kamps' opinion is not shazed by all members of the legal profession. Several city and county counsels have written positions [hat disagree with the AG's conclusions. It is argued by the AG's in his opinion that the 1488 amendment of the State Budding Standards Law created this restriction and that the legislature did not specifically intend to grant to cities the authority to enact more stringent standards. However, the AG's opinion does oot accurately reflect the history of that amendment. The Committee Analysis of the Assembly Comittee on Governmental Efficiency clearly indicates that the legislature DID intend for cities an counties to Gave this authority. The committee report clearly states that this legislation: " (in) no way affects a local governments flexibility to adopt stricter standards to meet special local needs." If the legislative intent of this amendment is so stated by the Policy Committee which heard the legislation, the AG's opinion may not be valid. However, this too requires further research and clarification. Further, County Counsel of Orange County, Carol D. Brown, in a memo dated November 21, 1989, has prepared an excellent document on the topic, Counselor Brown's conclusions wen that 33 ~ 8 "for reasons herein after expressed, we disagree with the conclusion (of the AG) and the analysis set forth in that Opinion." The County of Santa Cruz, in a memorandum dated Goober 31, 1989 takes the position that the county's adopted sprinkler ordinance is not compromised by the issuance of the Attorney __.______ ^r...__.__ Copies of these opinions, and others are available as resources for those communities that wish to get involved in the action plan. I e~islative Remedies Senator Bill Campbell, recognizing the significance of the AG's opinion, immediately proposed a legislative remedy, This involved the amendment of the Health and Safety Code Section to clarify [he fact that fire districts, cities, counties and city-counties have the authority to pass amendments to codes that are more restrictive in nature than the State Fire Mazshals and State Building Standazds Codes. This legislation was first introduced as an emer¢ency provision in the wake of the San Fransisco earthquake. The reason for this urgency was to remove any ambiguity over the affected local governments ability to act in a timely fashion to building reconstruction in the impacted azea. This bill was tabled by the Senate committee on Housing and tirban Affairs. The committee was chaired by Senator Leroy Greene (D) of the 33rd Senatorial District. The committee consisted of Milton Marks, Nick Petnis, Bill Leonazd, Quinton Kopp, Art Torres and John Seymour. The only ones present at the meeting were Greene, Marks and Leonard. The bill was not allowed out of committee because it was ruled that the issue was not an urgency issue related to the earthquake. Interestingly, Senator Greene commented that it appeared to him that cities and counties have always had the right to enact local fire proection ordinances. After that action Senator Campbell has authored another piece of legislation. It was called Pre-print Bill SB-2. This bill, which had h be reintroduced when the Senate came back into session after the first of the year, deals with the same provisicn of amending the Health and Safety Code to resolve the authority issue. 33 S 4 The bill may was picked up by Assemblywoman Beverly Hanson (R) of Santa Rosa. A special meeting was held in Sacramento on January 9th 1990 with the various groups that are interested in the Incal control issue. A copy of a new version of this hill was discussed by Hanson's staff at that time, The plan is for a revision of the bill to be introduced by Assemblywoman Hanson at a press conference very shortly. )nnovation and Adaptation in Code tmnrovements The argument that is forwared by those in favor of the "mini- maxi" code approach is that this process provides for uniformity. However, this argument belies the fact that uniformity also creates obsolescence. In the past the fact has been established that most of the creative and innovative problem solving solutions occur at the local level, not the state or national level. One only has to look over [he last few decades to find examples of how the threat to lives and property have been improved by innovation and adaptation at the local level. The consensus code groups that prepare most of the minimum standards receive the vast majority of their input from local authorities having jurisdiction. These agencies have often expanded upon the provtstons of the mtntmum standazds by providing a solution in their codes that has not been considered at the regional or national level. . For example, smoke detectors were not introduced into codes merely because they were invented. They were adopted by some communities because they were . an available technology. Once they were found to be a viable solution to the problem, then the use of them expanded. It is interesting to note that in almost all cases of newly created technology advocated by the fire profession, the construction and real estate industries have initially opposed it. This has been true on a wide variety of advances including smoke detectors, fire resistive roofs, sprinkler protection and the prohibition of bars on windows and doors. The evolution of almost every advance that has reduced tht: losses of life and property at the local level has been first advocated at the local level Successes in achieving reductions in fire problems at the local level of government has always been the precursor to the changes to minimum standards in the recognized uniform codes. It has seldom worked the other way around. 33 ~ to Many examples of this have been in existence for years. The first example was the actions taken by the Fresno City Council in the late 1960's. That city's positive experience in reducing fire losses has been well documented. In 192o the cuy of San Fransisco adopted a local ordinance which mandated roofing standards more stringent than the stale. In 1989, after the earthquake it was noted that this Class C roofing requirement proved effective in reducing [he spread of fire in the Marina District. The State Fire Marshal, in approving Class C roof coverings for State Responsibility Areas (SBA's) states that these requirements were minimums only and that "The State Fire Mazshal recognizes that in some areas conditions will warrant more stringent requirements.Therefore, a provision has been included which allows, by local ordinance, local enforcement agencies to apply more stringent requirements to provide for adequate fire protection for structures within speciFc areas." If the Attorney Generals opinion is allowed to prevail where wiii our tucure problem solving solutions come from? There is an inherent danger from mini-maxi codes. If they art: used exclusively to create reseazch agendas they are almost always focused on profit and loss criteria as opposed to life and fire safety issues. Two classic examples of research agendas following this approach can be identified in the last few years. For example, the creation of truss beam, gussetted nailed roof assemblies emerged from a building industry desire to reduce costs and improve productivity in building construction. In 19$0, a single family dwelling, structural fire, occurred in Mission Viejo, Orange County, California. This one event hospitalized 9 firefighters; several with serious burns. This event was a result of structural collapse from the effects of using a technology that was not adequately reviewed for its fire protection impact before being adopted into the code process. This was only the beginning of the problem. This approved method remains as a serious problem for cotnbai 3~ ~-. 11 firefighters and it has impacted our ability to combat fires in many structures. Recently the buildinc industry has created a "plastic house" which has been purported to solve the low cost housing problem. The fire service has long recognized the problems inherent in burning plastics, but fire protection has not been even discussed in the context of buildinc a structure out of olastics. If innovation and adaptation of future code amendments is based solely on economic considerations, then local government cannot maintain i[s ability to protect the public interest. At a recent meeting, the New York State Fire and Building Codes Counsel voted in favor of home rule for municipalities that enact more restrictive codes than that adopted by the state (see Exhibit D). Fire and building officials cited cases of when the New York State Code was not sufficient protection of life from fire, adding that water soppy, topography, manpower, zoning, population, industry, and overall demographics wick differ greatly throughout the state were reasons why local authorities should decide what is in the best interest of lives and property within their jurisdictions. Presently for local jurisdictions in California to make any modifications [o the State Building code, these changes must have their need predicated on geological, climatic, or topographic conditions. in accordance with the following language "If any city, county, or city and county does not amend, add, or repeal ordinances or regulations to impose those requirements or make changes or modifications in those requirements upon express findings, the provisions published in the State Building Standards Code or the other regulations promulgated shall be applicable to it and shall become effective 180 days after publication by the State Building Standards Commission, Amendments, additions, and deletions to the State Building Standards Code adopted by a city, county, or city aad county pursuant to this part, together will all applicable portions of the State Building Standards Code, shalt become effective 180 days after. publication of the State Building Standards Code by the State Building Standards Commission. 33 ~ 12 A ci[y or county may make changes or modifications in the requirements published in the State R~lildin~ Crnn~ipr{{5 (`n.tn relatlpn tc fl_*- and panic SafCt'y' aid the other regulaties adoptedc pursuant to this part as it finds to be reasonably necessary because of local climatic, geological, or topographical conditions. The finding shall be available as a public record." If your community is one that believes in local control or home rule principle, or your community is one of [hose with current code amendments that can be compromised by this opinion, then you can be an asset in the resolution of this problem by becoming more involved. We suggest the following course of action begin immediately: A. Notify your city manager or Chief Executive Officer of the situation. Share with them this position paper and request tha[ your city attorney conduct reseazch into what your agency's position should be on the AG's op[moa. B. Inform your mayor or chairman o~ the board of the potential problem. Encourage their involvement in pursuing the resolution of the situation. Advisa them of the passage of the League of California Cities resolution on this issue ,and request their support in the passaga of the local resolution on this same issue. C, Notify your County Board of Supervisors of the facts and background on the topic and request that they assign county counsel to conduc[ research into your county's position on the issue. D. Contact your Senator and Assemblyman and notify them of Assemblywoman Hanso's proposed legislation. Request their support in movingthe bill through the legislative process E. Propose to your local or regional fire chiefs association that a resolution supporting the retention of home-rule 33 N 13 be passed and forwarded to the members of the California Legislators Fire Caucus, your local Sena[or and Assemblyman, the County Board of Supervisors and the (inv~rnnr'c pF•ir~, d ^.Opy Of aii icjUluflJllS ShOWd 8IS0 Ix sent to the California Fire Chiefs Association office as quickly as possible. When HangQn"9 rQrrp!!Iiga laoiaiptinn is _p_________ introduced each fire chief should make personal contact with their local authorities. firefighters associations and state legislators to request their support for the bill. Alternative Actions. Realistically we should be aware of the fact that the Building Industry will a[tempt to prevent the passage of corrective legislation and to take whatever action it roquiros to get the AG's opinion to prevail. The Fire Service should be propared to take alternative actions in the event of Dither contingency. This is not an easy thing for which to prepare. One should not contemplate failure while advocating s position. However, it also tree, that the best plena for SGCGGoS iuGluuo a wuy Oi winning [ue war While l081ng l batn0 Ot two. The contingencies for the firs service should include the following: A. The development of an initiative to put a constitutiottni amendment on the ballot to assure the exiateace of home rule for the purposes of protecting life sad property. B. The immediate advocacy of additional positiobs on the State Building Standards Commission to improve the fire services input into future code adoptions at the state level. C. Pursuit of a state wide comprehensive sprinkler ordinance or the states acceptance of the appendix from the U.B.C. that authodxes a community to adopt a comprehensive sprinkler ordinance. , 33 O ~. ~~,~ l4 umm: r The Attorney General's opinion is considered 6y many to be the most Draconian act to impede progress of fire protection in California in years. In the NFPA Fire journal in May of 1977, author Paul Teague discussed the effects of the "Mini-Maxi Building Codes and Their Effects on the Fite Service. He sagely predicted, after discussing the effects of such a concept on the states of Massachusetts and Virginia, that judging from their experience, "local fire officials in other states would do well to keep their eyes open." His prediction has coma true in California. We cannot afford to underestimate the impact or ignore its implications of our current situation in protecting the citizens of this state. For supplemental information, copies of documents, or access to resources for the implementation of a local or regional action plan contact the following individuals: Jim Rankin Oceanside Fire Department 619-439-7260 FAX 619-721-5204 Ron Coleman Fullerton Fire Department 714-738-6506 FAX 714-738-5355 Bill Daley Beverly Hills Fire Department 213-281-2700 FAX 213-278-1838 Fire Mazshal Tom Johnson Napa Fire Department 707-257-9586 FAX 707-257-9534 33~t RRSOLUTION NO. 90- r3~ A RHSOLIITION OP THH CITY CODNCIL OF TBB CITY OF RANCHO COCANONGA, COORTY OF SAN BRRNARDINO, STATE OF CALIFORNLA, TO SOPPORT SB 1830 (GRBRN) AIH) AB2666 (HANSRN) ORGRNCY LBGISLATION TEAT NOIILD ~lSSTHTR TRR ]1pjT,TTY OF ^ITTRS; ^O!!R!'TRF AND FIRE DISTRICTS TO ADOPT BOILDING STANDARDS FiHICH ARS MORB STRINGRITf TBAN THOSE ADOPTRD BY THB STATE FIRR MARSHAL A~ STATE HOIISING LAW nrinncno, Li.c is liio::,:is AttGYney ---ral'- Opi- - No. 88-904, September 14, 1989, finds that ~local~authority may not be more restrictive than the State Fire Marshal and State Housing Law in regards to adopting residential building standards and the Attorney General's specific conclusions are; Cities and Counties may not adopt building standards relating to fire and panic safety that are more stringent than those adopted by the State Fire Marshal under Sections 17922, 17958.5 and 17958.7 of the State Housing Law. A Fire Protection District may not adopt a fire prevention code or other regulations that set forth building standards relating to fire and panic safety which are stricter than the standards contained in the State Building Standards Code; and WHEREAS, the State Fire Marshal and State Housing Law standards have traditionally served as a minimally acceptable fire and life safety required standard, and Cities, Counties and Fire Districts have routinely adopted far more encompassing building standards relating to fire protection requirements, such as for Smoke Detectors, Fire Sprinklers, Fire Resistive Roofing, Iron Bars on Bedroom Windows with Buick Release Mechanisms, etc. and; WHEREAS, virtually all major fire and life safety improvements in the past have been first developed and adopted by local authority, often following a tragic fire incident, with the new code innovation being first adopted locally, then over time eventually becoming included in Nati^..'1 R2 icral Uniform ardard" ' ^' y^ " St dr,d Lhen Lilia Lly becoming adopted by State and Local authorities as a minimal standard, and; WHEREAS, it is extremely important to the fire and lifE safety of the State of California that local governments be able to retain their nrasant bvildina code requirements which are riore restrictive than the minimal State standards, and maintain their future ability to continue to improve the fire safety of their citizenry through the local code adoption process, and; WHEREAS, the ability to retain "Local Control" and "Home Rule" has always been of major concern to cities, Counties, and Fire Districts in regards to fire and life safety as it pertains to local conditions and the many other responsibi lites of local government and; WHEREAS, the California Attorney General's Opinion No. 88-904 concludes that local authority may no longer retain the right to be more restrictive than the State standards in regards to residential building codes and that the opinion poses a most serious threat, doubt and uncertainty to local authority in regards to their ability to do so, and; WHEREAS, Senator Cecil Green and Assemblywoman Bev Hansen have introduced legislation, SB1830 (Green) and AB 2666 (Hansen) which would, if adopted, clarify the rights of local authority to continua to aAnnr mnra atr;n,.a..+_ fire and life safety residential building standards. J NOW, THEREFORE, 8E IT RESOLVED that the City Council of the City of Rancho Cucamonga strongly supports the adoption of SB 1830 (Green) and AB 2666 (Hansen) legislation that would assure the ability of Cities, Counties, and Fire Districts to adopt building standards which are more stringent than those adopted by the State Fire Marshal and States Housing Law. APPROVED AND ADOPTED THIS 4TN DAY OF APRIL 1990. RANCHO CUCAMONGA CZTY COUNCIL 33`t~ .~., CITY OF RANCHO CUCAMONGA RE COMME NOATION: The Historic Preservation Cammissi on recommends to the City Council that they adopt the attached Resolution de signatir.g the Stegmeier House and the barn as a Historic Landmark because it meets the criteria established in the Hista ric Preservation Ordinance. Such designation is in conformance with the Rancho Cucamonga General Plan. STAFF REPORT -~ DATE: April 4, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Jeff Gravel, Assistant Planner SUBJECT: LANDMARK DESIGNATION (LO 90-011, ROD NRI GHT - A proposal to designate the Ste gmeier House, located at 70511 Etiwanda Avenue, Rancho Cucamonga, as a Historic Landmark, APN: 221-101-13. Si TE DESCRIPTION: Location: The house is laca ted nn a .5 arre na rrcl nn tn" watt side of Eti Wanda Avenue, approximately 300 feet north of the Southern Pacific Railroad Track. B. Site Land Use-Zonino -General Plan Desi an ation: According to the Etiwanda Specific Plan, the site is zoned Very Low Residential (1-2 dwelling units per acre) and has a Very low Residential designation according to the General Plan. BACKGROUND: The owner 6rou ght the house to staff's attention when he became interested in the Mills Act program, approximately 4 months ago. Staff found that the history sources on the house are somewhat scarce. Reference about Jacob Stegmei er, original owner of the house, has briefly been made in two books: "Etiwanda, The First 100 Years" and "A History of Etiwanda". The house has been recognized as a potential local landmark and at knowledged in the Etiwanda Specific Pian as a notable structure. The house is a major contributing factor to the character of old Etiwanda. Built in approximately 1408, the Queen Ann style house is virtuaily unchanged from the day Jacob Stegmet er crossed its threshold. CITY COUNCIL STAFF REPORT LANDMARK DESIGNATION - ROD NRi GHT April 4, 1990 Page 2 On March 1, lggn thn H:<lprir Dracar vatinn fnmmicci nn rcrnmmond>d unanimously, to the City Council to designate the Stegmei er House as an Historical Landmark, thus, allowing the owner to pursue the advantages of the Miils Act. S ignifica nce of the Pro certy: This Hnuse ', -cdei emm~pie of the character which existed and is being encou ra ged~ in the Etiwanda area. Jacob Ste gmeiery the original owner of the house played an important roll in the development of Etiwanda. Although historical sources are limited about Mr. Stegmei er, staffs investigation indS ca tes he was one of the key players, in the early days of Etiwanda. Mr. Stegmeier served on the Board of Directors, in the telephone and packing and shipping industries of Etiwanda. A. Issues: The landmark designation recommendation includes the barn at rear of the parcel. Mr, Ste gnei er may have kept his farm equipment insT de this barn. The barn is in fair to good condition, with one modification to front of the barn. One of the past owners increased the barn sf ze by adding a storage room to the front. CONCLUSION: Staff recommends that the City Council approve the His to rica Landmark designation for the Ste gmei er House because of the important role Jacob Stegmei er played in the development of the Etiwanda community. In addition, the house's architectural style is a reinforcing element to the image of Etiwanda and thus making it historically significant to the City. R es pe ly sub ted, C../~ Bra er City P anner BD :JG: js Attachments: Historic Preservation Commission Staff Report, Minutes and Resolution of March 1, 1990 City Council Resolution of Approval Hic RI'~ FRESEP.'/ATI~N ': ^,MM:SS I'" ~AF_Mner. =_ __ Address: APB view Looki Da t:e of Photo 1< ..,_ 3. S' ZI'. PP'c5'cR :'AT:ON '''MM~55-: :nti CM?P. is =_. ..,. ?ddress: APi view Looking Da to of Photo i ~J /, Vv ~ r y.,•-'r' ~ ,.~ 1 tee,. ~.ri. :ILO OY PhO CO. 7 0_..._._. i d~Pa .. Pdae .. ~i1: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: March 1, 1990 e~3 . Chairman and Members of the Historic Preservation Commission Larry Henderson, Principal Planner Jeff Gravel, Assistant Planner LANDMARK OES IGNATION 90-01 - ROD WRIGHT - A proposal to designate the Stegme ter House, 7050 Etiwa nda Avenue, Rancho Cucamonga, California, as a Historic Landmark - APN: 227-i01-13. SITE DESCRIPTION: A. location: The house fs located on a .5 acre parcel on the west side of Eti wa nda Avenue, approximately 300 feet north of the Southern Pacific Railroad. 8, Site Land Use - Zoning - General Plan Oesianation• According to the Etiwa nda Specific Plan, the site is zoned Yery Low Residential (1-2 dwelling units per acre) and has a Verv Lnw nesiaent7al designation according to the General Plan. • C. Su rround ina Land Use - Zoning - General Plan Designations• North - Vacant; Zoning and General Plan Designation are Very low Residential (1-2 dwelling units per acre). South - Single Family Homes; Zoning and General Plan Designs Lions are Very Low Residential (1-2 dwelling units per acre). East - Vacant; Zoning and General Plan Designations are low Residential (2-4 dwelling units per acre). West - Yatant; Zoning and General Plan Designations are Yery Low Residential (1-2 dwelling units per acre). Dl ea se note: The su b,lect site and adJacent parcels fronting on Ettwanda Avenue are within the Ettwanda Specifit Plan Community Service Overlay District (Article 5.25 Overlay Districts, page 5-24). According to Ettwanda Specific Plan, the intent of the Community Service Overlay District is to provide the opportunity to establish a focal point or a heart of the Ettwanda community. This special district provides opportunities for 1lmited or specialized, low-impact and HPL STAFF REPORT LO 90-01 - STEGMEI ER HOUSE March 1, ]990 Page 2 quasi-commercial 5e rv is es. However, such land uses can only he permitted if the Planning Comm ssion makes the following findings: The proposed project will not have an adverse impact on the quality of the surrounding residential areas; and The proposed project mee t5 the intent of the Community Service Overlay District and will enhance the visual and historical character of Etiwanda Avenue and its immediate Surroundings. In addition, the EN wands Specific Plan identifies the house as one of the "Notable Structures" of historical or architectural merit which contributes to the character and visual quality of Etiwanda (see attached Specific Plan Excerpt, Page 5-4t and 5-43). Description: The house is surrounded with a variety of mature trees and a large hedge adjacent to Etiwanda Avenue. Fruitless Mulberry trees line the north and south property lines, setting the property off from the surrounding parcels. There are two gravel driveways, one on each side of the house. Both drivewa vs provide arr a"" .~ LF: 4,_- rear of the parcel. The barn, fn fair to good condition, isc an original structure which was built app roz ima tely the same time the house was built. The house appears to be in fair to good rand ition. No major alterations have been made. The house seems to have the appearance of a Queen Ann style home. It is Covered with wood board siding and a Semi-steep hipped roof with two gables. The house has a large front porch with round column supports and fieldstone foundation. These are elements of Queen Ann style architecture. II. ANALYSIS: A. 6ackaround: The house came to staff's attention when the land owner became interested in the Milis Act program three months ago. It is on the list of potential hf stork sites. Staff found that history regarding the house is limited. Reference of Jacob Stegmeler, original owner of the house, was 6rfefly made in two books: "Etiwanda. The First 100 Years" and "A History of Etiwanda." 37 HPC STAFF REPORT LD 90-01 - STEGMEf ER HOUSE March 1, 1990 Page 3 ThP hnpSP . ^~-:~;; t'i- fdCtGr - ~y to iiic ~iiai a~Ler of old Etiwa nda. ,Be ing~6uilt in approximately 1908, the house is virtually unchanged from the day Jacob Stegmeier crossed its threshold. According to Etiwa nda. The First 100 Years, Ja cqh S *_egneier originally moved to the area around i890-1900. He and his family lived in a small shack of house qn East Avenue, later moving to Et iwa nda Avenue into the subject house. Jacob Stegmeier seemed to have been deeply involved in Lwo of the most important businesses in the area: agriculture and communications. From 1904 through 1905, Mr. Stegmeier served as one of the board of Directors for the Etiwa nda fruit Company which packed and shipped Muscat Raisins. In 1906, Stegmeier began operating a business as a packer anA shipper of the dried fruits. He also grew and packed oranges and lemons. Dried fruits were popular at this time because of the lack of refrigeration. According to A Histo rv of Etiwa nda, Stegmeier used to let children come to his drying sheds and cut peaches and apricots. He helped them earn some summer spending money at the same time they prepared fruit for drying. [n 1901, Stegmeier was signed as one of the Board of Directors, Vice President and Manager of one of the first .., _ =~~~-"-"-`""~'"" Wmyauiea .u Suu viers Caiiro rnia, the Home Telephone Company The switchboard was located south of the Stegmeier House at the Fischer House. Stegmeier kept his Ci tie as Vice President and Manager through 1909. In 1930, the Home Telephone Company was sold to General Telephone Company. In 1932, a citrus fruit pest known as the California Red Scale, showed up in some of the orchards of Etlwanda. The pest was hard to control, The growers of the Etlwanda area assembled an association to treat the pest on a community wide basis. Mr. Stegmeier included his orchards in the district. B. St gnificance of the Prooe rtv: This house is a perfect example of the tha roc ter which existed and t5 being encouraged fpr preservation in the Etfwanda area. Jacob Stegmeier, the original owner of the house played an important roll fn the development of Etlwanda. Although historical sources are limited about Mr. Stegmeier, staff's investigation indfcates he was one of the key players in the telephone, fruit packing and shippfng industries of Etlwanda. 3B HPL STAFF REPORT LD 90-01 - STEGMEfER HOUSE Ma rr.h 1, 1990 Page 4 C. i55ue51 The landmark dncin~a~ion aF nii ld •-^1~J~ ~ ~ '~o r'n at Lhe rear of the pa rtel. Mr. Stegme ier may have kept his farm equipment inside Lhis barn. The barn is in fair to good condition. There has been one modification to the front of the barn. One of the past owners increased the size of the barn by add ina a stn ra on rngm CO tha frnni, D. Mi_11s Act Preparation For The Commission's Review: The applicant has indicated to staff that he is interested in the use of the Mills Act for property tax reduction. Staff is in the process of drafting the agreement between the City and owner, see attached Draft Agreement. The applicant also drafted an outline of potential improvements that are planned for the su b,lect house. This outline will be referenced in the Mills Act agreement. This information is submitted for comment from the Historic Preservation Commission and does not require formal Commission action. E. Environmental Assessment: Designation of a landmark is exempt from CEQA requirements rt icie 19, Section 15308). Iii. (ACTS FOR F[iJDINGS: Criteria in the Ordinance that staff thinks are applicable are as follows; A. Hi<tn rival anA Oilfiiral iinnifiranra• 1. The proposed landmark is particularly representative of an historical period, type, style, region, or way of life. 2. The proposed landmark is an example of a type of building which was once common but now is rare. The proposed landmark was connected with a business or use which was once common but is now rare. B, Neighborhood and Geoaraohic Setting: The proposed landmark materially benefits the h l5toriC ChB ra r, tar of the nn ighhe rh.ood, 2. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood, community, and City. IV. CORRESPONDENCE: This item has been advertised as a public hearing in he Daf v eoort newspaper, and notices sent to property owners within the 700 foot radius. 3~ HPC STAfF REPORT LO 90-01 - STEGMEI ER i. SSE March 1, 1990 Page 5 'OrsiE°n 7ia `- ewnunends tha ue Iii-tari Pre:er icn Commission ~recomnend ~ to the City Council that ythey adopt a Resolution designating the Stegmeier House and the barn as a Historic Landmark because it meets the criteria established in the Historic Preservation Ordinance. Such designation is in conformance vrith the Rancha Cucamonga General Plan. i Respectfully submitted, ~~ L.J. Henderson Principal Planner LJH:JG:mlg Attachments: Site Location Map P is to re5 (Hand delivered to Meeting) EtiNanda Specific Plan, Pages 5-41 and 5-43 Mills Act Agreement Resolution % IJ2).2 1 ~~ ~~ R2~.9 ~ /~~~ % IJ2J.0 X qq.~ ~ : ~ _ X I]2tJ Y I]~ ---~ ?~ --___~'_ x uns p9 /~ C INm: LD-90-01 'ntls: Sits Location Map A eoals:l ' ,. `s, ~~i r _'"' y++*~ Notable Structures 6866 (Address) A ChaNay/Oarola Xaup to bra ralocatad Foothill blvd. S.P. ;~ NOTABLE S- 43 STRUCTURES City of IUfticho Cucamoa~a Ii/atOriC PrpOEYatiOA 1~ Item: ~D se•et 1Ytle• [TIWAMDA ~PE~IFIC fal EthiAit•'C' 8e~le• NONtt Artkb 5.14 .IpO NolaDb Ea:ain¢ Strueturo ,Ip3 pl(ura ]-11 identifin axbtin~ atructuna of nuloricd or s-chitmtunl merit a nructuro whits otMewYe Contribuu to tM'eMractar and viawl 9wpty of L'.i.:::wa. .Iw A raoonaDle effort MwD M mats to mcouraEa Na pnanvstian of atructurn IdantlOad in PiEUro 5-/1 n follows: (a) Such glflin~ sllUCturH and Itaaa kcatad an b(al iou o[ record p,eu <. a..,.!_-_'. ___ _..::•, to provuian of Section 3.3 of tnu~etmpnr, reQaMl<w of bt aW, wWaaka and aimibr ezutttq mMition, provided puDDc Maltn, safety or welurt u not mrntmM. (DI Such axisti,q atnetuna aMD bs incorporated Into [M dni`tt of new davabpmmt xherwer pwaibb. On by of ens acn ar mor<, tMx structures sMil ref M inebdW In density Glcub[iow, and will trot redett IM rwmbar e( new dwelNU{a pmmitlad. (cl to Ns OP xnd CS/OL Dlavbu, loco nruetum may De conrartM a non-rnidmlial uan, auD{<!1 to tM provuiow of fM OP aM CS/OL D'utrkv, napactiwly. .500 Move-0nx .SOI C<nlal: Except u apceified lwrbw, movabrn for nMdmtlai puryoHf Mmll M subject u rgttlatlmu in affect eWwMn in Dta City, b aacordmes with fns Devdnnm<nr r.w .503 Movabn within tM EtlwmM AVmua Ovsr4y DBlrilu N amltlon to motiK citywl4 ttitvb, avucturw w ba moved Into the E/OL DUtrkt muN Da of aiMifiasnt uahitecturN or niatorical mwi[ a mwt otharwW nbforoa Ms ehanetar o3 Etiwattda Avsrwa. .Sw Mova~mt wihin tM Commmity Swice Ovulq Dbvict: ProvWans of .10t and d01 MoD prwNl, sxept that such atructuro may abo W wad far Nmitsd impact non-eatldsnlbl puryaaar etdNat b tM Ilminndu of Na CS/OL Dbuict, Swlbn 3.33.100 3-/l City o(ItMUOhd fbemonp HI~tO1~C I3resen~tlon ~3 Ifam: ~D oo--ot BTIWANLIA >kECMIC K q't~; -LAN • •o• ~- NoN~ APPROVAL OF MINUTES MOTICN: Moved by Looper, seconded by Haskvitz, carried 6-0-0 (Commissioner Banks abstaining) Lo approve, as amended, the Historic Preservation Commission Minutes of hebrua ry 1, 1990. . + . + + PUBLIC HEARINGS A. LANDMARK DESIGNATION 90-01 - ROD WRIGHT Jeff Gravel, Assistant Planner, presented the Staff Report Commissioner Banks stated that staff could contact Lawrence Mueller, on East Avenue, regarding additional information on the Stegme ier House. She further stated that Mr. Mueller was related to the Stegmeiers. Commissioner Cooper stated Mrs. Stegmeier spent her last years at Claremont Manor and that she had no children. The public hearing was opened. Rod Wright, 7050 Etiwanda Rvenue, stated that he spoke with his neighbor, Hap Ha rn, sister-in-law to Mr. Mueller, and she said that Mr. Ha rn is willing to be interviewed regarding the house. He further stated that he plans to live in the house and to restore the house as originally as possible. Commissioner Preston questioned Section 3, Paragraph a, Standards for Histo viral Prnnert.v. of tha M111< Art foann e_in i„ •ne e..ere~l ...,...~,,,.•,,. the Commissf on could specify certain architectural characteristics of a house and if the language in the agreement should De more specific for future use. Mr. Henderson commented that the previous examples used were museums, and therefore, not a comparable use in a private home situation. Commissioner Preston stated he felt the Commission could address this issue on individual homes as they came before the Commission. Commissioner Preston questioned Section 3, Paragraph b, that mentions the Office of Historic Preservation of the State Department of Parks and Recreation Rules and Regulatfons for Restoration and Rehabilitation and asked if there was a booklet or guidelines available from the State on these rules and regulations. Mr. Henderson said he would check on this matter before it went to City Council. Commissioner Preston stated he would appreciate it if the Commission could have a copy of these policies or documents for their information. HPC MINUTES -2- MARCH 1, 1990 ~~ DRAFT FOR DISCUSSION PURPOSES ONLY Chairman Schmidt Closed the public hearing. MOTION: Moved by Banks, seconded 6y Arner, to recommend approval of Historic Landmark Designation for the Stegmeier House to the City Council with a revision to sec Lion 1 of the Resolution stating "The Rancho Cucamonga Historic Preservation Commission hereby makes the following findings in connection with the Staff Report and Exhibits dated (date of related Staff Report)," and to incorporate this language into all future resolutions. Motion carried by the following vote: AYES: COMMISSIONERS: BANKS, ARNER, COOPER, PRESTON, BILLINGS, SCHMI DT, HASKV ITZ NOES: LOMMISS i0NER5: NONE ABSENT: COMMISSIONERS: NONE ..... 8. LANDMARK ALTERATION PERMIT RPP --carried (Incorrectly listed on agenda 90-02.) Larry Henderson, Principal Planner, presented the Staff Report. Commissioner Preston questioned whether the Planning Commission had received a submittal on the oro oosal from the annlirant. Mr. Henderson stated it would be presented to Design Review next Thursday. Tom Grahn, Assistant Planner, stated that the staff had only seen the subdivision at this point. Commissioner Preston questioned if there would 6e a loss of parcels due to the redesigning of the street. He also stated concern that the fence treatment might be out of context with the house. Mr. Henderson stated that Condition 3 of the Resolution would provide that the applicant bring back to the Commission detailed plans for modifications for the site and structure prior to issuance of building permits. Conur.issioner Banks questioned what direction the front of tha Lord Howe would face in the proposal. Mr. Henderson stated that the new side yard of the Lord House Would line up With the front yards of the new houses to the east. Commissioner Haskvitz asked how significant the out structures were. HPC MINUTES -3- MARLH 1, 1990 ~.5 or~'r YQbc DISCUSSION PURPOSES ONLY RESOLUTION N0. ~~ - 135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CULAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK N0,90- ~, .groccy pccinNgT rWC: ruF STF GwErFR NOILSF AND BARN, LOCATED AT 1050 ET INANDA AVENUE, RANCHO CU CAMONGA, AS AN HISTORIC LANDMARK WNE REAS, the City Council has held a duiy advertised public nearing to consider ail comments on the proposed Landmark Oesi gn ation and issued Resolution No. approving Lhe said as a Landmark. WNERE AS, the City Council has received and reviewed all input raga rdi n9 said Landmark Designation. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE DE 1T RESOLVED the City Council of the City of Rancho Cucamonga des hereby specifically find, det ermf ne, and resolve as follows: SECTION 1: The application applies to property located at Rssessor Parcel Number 227-101-13. SECTION 2: The proposed landmark fs significant, historically and architecturally. The house and barn were built in approximately 1908 by the owner, Jacob Stegnei er; a key player in the development of Eti Wanda. The S to amei er House's Oueen Ann st vie architecture is one of the last remaining old Eti wan da farm houses, as well as, retaining an original barn. Its stature plays an important role in todays concept of Etiwanda. The proposed landmark meets the following criteria established in Chapter 2.24.090 of the Rancho Cucamonga Municipal Code: A. Historical and Cultural Significance 1. The proposed landmark is particularly representative of an historical style, the Queen Ann style. 2. The pro DOSed landmark is an example of a type of building which was once common but is now rare, namely, Queen Ann Farm House with a barn accessory structure. 3. The proposed landmark fs connected with a business and use Which Was Once COmmon but fa now rare. B. Neighborhood and Geographic Setting 1. The proposed landmark, in its location, represents an established and familiar visual feature of the neighborhood, community and Cfty (Ord. 70 59, 1979). I~/ CITY COUNCIL RESOLUTION N0. LANOWIRK DESI GIUTION - R00 MRI GHT April 4, 1990 ' Page 2 SECTION 3: Designation of a landmark is exempt from CE W1 lArti cle 19, Section 15308 . CFrtION a~ Rased o^ t`- 9u 53 taa: a' 2videu~e lee ived and reviewed 6y this Council and based on the findings set for above, NON, THEREFORE, BE IT RESOLVED, THAT the City Council of the City of Rar.c ho Cucamonga does hereby approve designs do r, of the Ste gnei er House and ,7,+rn a< a 13nnma.4, ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 ~(-1 T0: City Council and City Manager T~ ` FROM: Russell H. Maguire, Ctty Engineer BY: Joe Stofa, Jr., Associate Civil Engineer SUBJECT: Approval of Parcel Map 13108, located south of 24th Street at NdrdRan-Bullock Road, submitted by Caryn Coapagy (APN 226-111-02) It is recassnended that City Council adopt the attached resolution approving Parcel Map 13108 and authorizing the City Clerk to cause save to record. BACKfAOUO/ANALYSIS Parcel Map 13108 was approved by the Planning Coawisston on January 24, 1990, for the division of 19.49 acres of land into 2 parcels in the low residential district (2-4 dwelling units per acre of the Etlwanda Specific Plan) located south of 24th Street at Nardawn-Bullock Road. The Parcel Map was created for the division of land for resale purposes uu1J. liw ~~al i,pe, idi uciii.aixu oil uiiiiu'iiiy iiyiti w t1k i.~q ui.`ii the property 1s further subdivided in the future as additional phases~of Tenative Tract No. 13566. Since the tots are unbutldable at this tiaw•, the annexation to Landscape and lighting Districts will be deferred until approval of the future developsent for this site. At that t1aw:, the foraation of a new Lighting District No. 7 will be created. Respectfully submitted, r ~ ~r,--~----~ v R Attachment f ~l RESOLUTION N0. ~O - ~ 31p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CULAMONGA, CALIFORNIA, APPROVING PARCEL M11P N0. 13108 NHEREAS, Tentative Parcel Map No. 13108, submitted by Caryn Company, Subdivider, and consisting of 2 parcels located south of 24th Street at Hardman-Bullock Road was approved by the Planning Cosissian of the City of Rancho Cucamonga on January 24, 1440 as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 13108 is the Final Map of the division of land approved as shown on said Tenative parcel Map; and NHEREAS, to meet the requirements established as prerequisite to approval of the F1na1 Map, said subdivider submits for approval said Final Map offering for dedication for public use Lhe streets delineated thereon. NOH, THEREFORE, RE iT RESOLVW by the City Council of the Ctty of Rancho Cucamonga, California, as follows: 1. That the offers for dedication and the F1na1 Map delineating same 6e approved and the City Clerk is authorized to execute the cetificate thereof behalf of said City; and 2. loot aaiu im•cei riap rie. i3ivo ue and cite same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. f 1 ~- CITY OF RANCHO CUCAMONGA STAFF REPORT - DATE: April 4, 1990 ^ Tm ~ ~ GT ty fonnrll anA Gi ty managwr `~ FROM: Russell N. Maguire, City Engineer BY: JuQy A. Acosta, Engireeriny Aide SUBJECT: Approval to annex Tract 138@6 and Parcel Map 11394, located at the northwest corner of Base Line Road and Etiwanda Avenue, to Landscape Maintenance District No. 2, submitted by The Baneakian Company RECOMIEIDATION: it is recommended that City Council adopt the attached resolution approving the annexation of Tract 13886 and Parcel Map 11394 to Landscape Maintenance District No. 2. BACKGROUND/ANALYSIS Traci 13886 and Parcel Map 11394, located at the northwest corner of Base Line Road and Etiwenda Avenue, in the Community Service District of the Etiwanda Specific Plan, were approved and annexed into Street Ltahtlna i~lri i:crima.e uiairiC[ iloa. 1 ana d et Lhe C11y COwncil meeLln9 On February 7, 1990. These pro,Tects were not annexed Tnto a Landscape Maintenance District because staff had not received sufficient information to M so at that time. The Consent and Nalver to Mnexation form submitted by the developer, The Barmakian CagaW. is on file Tn the City Clerk's office. Respe 11 submitted, _,- •RNN:JAA:s3ai Attachment ~_.)lJ RESOLUTION N0. 9~- ~.~j7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCH6 CUCAMON611, CALIFORNIA, ORDERING Ti1E ANNEXJITION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT 40.2 FOR TRACT l3ROG awo DARCEL MAP 11394 MNEREAS, the City Council of the City of Rancho Cucaaiaiga, California, has previously foreed a special aaintenance district pursuant to the terns 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 oaintenance district known and designated as Landscape Maintenance District No. 2; and NHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972' authorize the annexation of additional territory to the Maintenance District; and MHEREAS, at this tia~e the City Council is desirous to take proceedings to anrex the property described on Exhibit 'A' attached hereto and incorporated herein by this referenced to the Maintenance District; and MHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed witA the City Clerk their written consent to the proposed annexation without notice and hearing or filing of nn Engineer's "Report". NOM, THEREFORE, TIN: CITY CWNCIL OF THE CITY OF RANCHO CUCAMDNGII urocay pren, vre ~c cm i nuc• SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of the proper as shown in Exhibit "A" and the work progra~ areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including -ENF-ievy of all assess~ents, shall be applicable to the territory annexed hereunder. ~~ ~.r Ex1rsIT •A• ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 2 IW LOT 1 I7 Y W PIIIV ATE DIIIVE ~ s LOT t L-- -EIVATE DIIIVE TPAC O. /i~E• Y M O r J ~ ~ PAIICEL 1 = PAIIClL YAP 11J91 3 _ f I ~ W BASE LINE ROAD CITY OF RANC110 CUCAMONGA • ., C0INITY OF SAN sERNARDINO STATE OR CALIFORNIA ~.~~394 -~ : ~ ?lZ /38g~ ,, EIWIBIT `B' PROJECT NAME: TRACT 13886 AND PARCEL MAP 11394 N0. OF O.U. OR ACREAGE: TR 13886 46 d/u N0. OF ASSESS. UNIT: 23 units PN 11394: pcl 1: 3.56 ac pcl 2: 5.27 pct 3: .59 zJ:3T acres 18.74 units LANDSCAPE MAINTENANCE DISTRICT Turf Ground Cover Trees District No. Street Naax Sq• ft. Sq. ft. Ea. 2 Base Line --- --- 24 Etiwanda --- --- 15 Base Line (1/2 nedian) --- 3,283 --- JM: 4/4/90 53 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 TC: City ouncil and City Manager FROM: Russell H. Maguire, City Engineer BY: Jerry Dyer, Associate Civil Engineer SUBJECT: Approval of the Environmental Initial Study Parts I and II for the Carnelian Street Storm Brain, Street Rehabilitation and Nidening from San Bernardino Road to north of Roberds Street. A resolution accepting and approving the Initial Studies and the Issuance of a Categorical Exemption for the proiect is attached. It is hereby recommended that the City Council adopt the attached Resolution accepting and approving the Environmental Initial Study Parts I and II for the proposed Carnelian Street Storm Drain, Street Rehabilitation and N1dening from San Bernardino Roed to north of Roberds Street and Issuance of a Categorical Exemption therefor and direct the City Clerk to file a Notice of Exemption pursuant to the Callfornfa Environaental Quality Act. BACKGROUND/ANALYSIS This report presents an Environmental/Assessment Initial Study for the Proposed Carnelian Street Storm Drain, Street Rehabilitation and Ntdening between San Bernardino Road and Roberds Street, such protect being the first phase or reach of the Master Plan Storm Drain System proposed for Carnelian Street. In conformance with the California Enviroraaental Quality Act, the attached document has been prepared to permit construction of the subject Storm Drain Improvement. Said improvement generally entails the construction of a large (81") diameter reinforced concrete pipe from Ytvero Street to north of Roberds Street, connecting to the existing Fiood Control Channel to e terminus north of Roberds Street. The Improvements also entail widening the west section of Carnelian between Vlvero and Cal le Del Prado and rehabilltating the entire surface of the project area. CITY COUNCIL STAFF REPORT ENVIRONMENTAL INITIAL STUDY APRIL 4, 1990 PAGE 2 It is the Engineering Staff's findings that the proposed pro,~ect rill not rwgte asigniYcant °dver.e impact cn the ePrvirorwert. ire ptolect is noted as being part of the City's Master Plan for Stone Drain Improvements, and therefore recaeeeends that these inproven~ents be dasstfied as Categorically Exempt. Respectfully submitted, /~ ~, L ~ !~ '~~;- ` S RN ~,lD:ly Attachmnts 5S ., RESOLUTION N0. ~ ~ . ~ ~g A RESOLUTION OF THE CITY COUNCIL OF THE G1TY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AMD ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE CARNELIAN STREET STORM DRAIN AND STREET IMPROVEMENTS FROM SAN BERNARDINO ROAD TO NORTH OF ROBERDS STREET. NHEREAS, the City Counttl of the City of Rancho Cucaaanga has reviewed all available input concerning the proposed Carnelian Street Stour Drain and Street Inprovewents; and NHEREAS, said tagrovea~ents require an EnvlroMental Assessaent; and NHEREAS, an EnvlronNental Assess~aent Initial Study has been prepared pursuant to the California Enviromiental Quality Act, as Mended. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, does hereby resolve as follows: SECTION 1: The City Council of Rancho Cucaawnga Hereby approves the EnviromaeFtTAssessnent Initial Study and issuance of a Categorical Exeaption for the proposed Carnelian Street StourN Drain and Street Iaprovenents fray San Bernardino Road to north of Roberds Street. SECTION 2: The City Clerk 1s directed to file a Notice of Eaeaption pursuant'Eo-'tFeTlifornta Environ~ental Quality Act. ~~ ENVIRONMENTAL REVIEW APPLICATION INITIAL STUDY -PART I GENERAL For all protects repairing environmental review, this form must be completed and submitted to Lhe Development Review Committee through the department wnere the protect application is made. Upon receipt of this appllcat ton, the Planning Division staff will Drepare Part II of the Initial Study and make recommendations to Planning Comalsston. The Planning Coaanlsston will make one of three determinations: (1) The protect will have no sty@niftcant environmental impact and a Negative Declaration will ba filed, (2) The protect will have a significant environmental impact and an Environmental Impact Report will be prepared, or (3) An additional information report should be supplied by the applicant giving further information concerning the proposed protect. Date Filed: Protect Title: Carnelian Street Rehabilitation, Ni Bening and Storm Drain Applicant's Name, Address, Telephone: City of Rancho Cucamonga, 9320 Base Line Road. RAnrhn hiramnnn? rn ot;r?n (~~~) ".°°-lIIL2 Name, address, Telephone of Person To Be Contacted Concerning this Protect: Jerry Dyer, Associate Engineer - City of Rancho Cucamonga, 9320 Base Line Road, Rancho Cucamonga, LA 91730 (714) 989-1862. Location of Protect: Carnelian Street from San Bernardino Road north Lo north of Rohe rds Street. Assessor's PareeF No.: --- List otMr Dermtts necessary /rom local, regional, state and fedaral agencies and the agency issainQ such permits: son Bernardino county Environmental Mananemnnt Flo d Control AcenCv PROJECT OESCRIPi10N Proposed use or proposed prof ec t: Street Rehabilitation and Resurfacing for Carnelian tt t f.rm c>„ aer~>rw~~~ ge>° •^ -` Roue ~street _ widening the west side of Carnelian from north of Vivero to Lalle Del Pradn. Construction of a ortion to ucamonga Creek Cha noel n/o yivero to a tempcrary terminus 240 feet n/o Roberds Street. ;,..r enye v~ proj ec is area ang square footage of ex lst ing and Droposed buildings, if any: N/A Describe the environmental settlng of the pro~ect site including Information on topography, so~T staUfTTtY. Plants (tress land animals, any cultural, historical or scenic aspects, land use of surrounding properties, and the description of any existing structures and their use (attach necessary sheets ): Carnelian exists through the pro iect limits an a 4 lane arterial street for the most Dart development fronts away from the street takirta access from interior streets. Single Family lots do front, however onto the street between Vivero and Calie Del Prado. These lots predate existing Deve1- opment Standards and were developed without normal street amenities including ~ur•US, gutters and sidewalks. Preproject street dedications for these lots are insufficient and must be expanded to accomodate the project. These will require Right-of-way exchange purchase or by potential condemnation. An estimated 7 trees will be removed by the prcpcsed widening. Ga rnelian Street from 350 feet south of Vivero to the northerly reaches of the street has been subject to frequent flooding and/or street closure due to floods inasmuch as Lhe street ha< <erved ae the orimarv rbannel for surfare rim-off fgr a widesnread area of the City. A Masip,~• Plan Storm Drain has been considered_for installation _ within Carnelian since the City's_first Comprehensive Storm Drain Plan prepared by L.D. _Ki nc in 1981. The ,rn osed drama e 'acilit will Ge the first phase gr reac®~o"i`suc s ormZrain propose or arne ion 5 r e . Is the project part of a larger project, one of a series of cumulative actions, which although lndlvldualiy small, may as a whole have stgnifleant lnvironmintal impact Y ~- *ho nrnnncnn proiect intends to widen the existing sub-standard width of Carnelian Street, said street, being part of the City's arterial street system. The proposed storm drain will be the first reach of the Carnelian Storm Drain built from south of Vivero to north of Roberdz and ultimately proposed to extend northerly on Carnelian to a point south of the Demens Channel located between Bpanyan and Mfllside. .J C> wnt ails PRO.IECT• Yes no 1. Create .a substantial change in ground contoursT K 2. Create a substantial change in existing noise of produce vibration or glareT ~_ 3. Create a substantial change in 4emand for mun ic!pal services (police. fir. xater ~eaaga atc ;T , , , . 4. Create changes in the existing Yoning or General Plan designattonsT s 5. Remove any existing treesT Haw many? 7 .X- 6. Create the need for use or disposal of potentiatiy hazardous materials such as toxic substances, fiammabies or explosives? g Explanation of any YES answers above (attach additional sheets if necessary): The widening of the west side of Carnelian Street from Vivero to Cal le Del-Prado will cause the regrading of the public parkway and property frontages as well as the removal of trees within the area where street improvements will be constructed. 7 e. u_.a •• .~ t,a aF4wiL ui sewage and sai m waste materials this protect will generate daily: uia 8. Estimate the number of auto and truck trips generated daily by this protect: anorn,;marnty tF_~o ner day during construction 9. Estimate the amount of grading (cutting and filling) required for this protect, in Cub1G yards: 3900 CY 10. If the prptect inrolves the construction of residential units. complete the forni on the next page. CERTIFIGTIO~: I hereby certify that the statements furnished above and in the attaehad exhibits present the data and information required for this initial eralwtton to the best of my ability, and that the facts, statements, and infoneation Oresented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can ba made by the Planning Otvlsion. Oate: 3 •73.90 Signature Title n r 5q RESIDENTIAL CONSTRUCTION the Following in{ormatton should be provided to the City of Rancho Cucamonga Planning Division in order to aid the school distr lct in assessing their ab1)ity to accommodate the proposed residential development. Developers are required to secure letters from the school distrtct for accommodating the increased number of Students prior to issuance of building ,•_r-!iz. Name of Developer and Tentattve Tract No.: Spec if lc Location of Project: PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: 2. Number of multiple family units: 3. Date proposed to h~nln ~nw.~.._~t is»; 4. Earliest 'date of occupancy: Model/ and 1 of Tentattve 5. 8edroams Pr1ce Ranse ~~ a . CZTY OT RANCHO CCCA.KONCA ' PMT IL - INITIAL STUDY ENVronh^~.°fTA: CltEsi:LI$'1 4 + :.i~LS~n:+r: city of Rancho Cucamonga, Community Development Dept. Enq.neerinR Dee gn Sec lo(j FILI:iC DATE: LOC NUNHER: 23-4637-8859/22-4637-8937 PROJECT: Carnelian Street Rehabilitation, Street Widenin~q, and Storm a3n PROJECT COCATICM: Carnelian Street from San Bernardino Road to o er a ree I. EVVIRO\^¢HTAL It@ACTS (Explanaeion o[ all "yea" and "maybe" anavera era required on attached ghee ca). 1. So ila and Ceolo ¢y. Vill the peopoaal haw aigniiicant reaulea ln: a. Una cab le ground condlr/~~. ~. !- ~_-oc: 1„ geologic ralacionan lpa? b. Diarupciona, dlsD lacemenca, eompaeClon oY burial o! the ao 11? c. Change in topography or ground aurtaee eoneour Saeervalat d. The deaesuetlon, covering oe modllication of any calque geologic or physical teaturea? e. My poeanelal increase !n vind or voter •roaion of aolla, at tee clog eleher on or o[[ ele• condleonst [. Cheneaa in erosion ailcaclop, or depoalcion? g. Expoaun o! people or property to geologic hasarda such as uechquaku, landal ldu, mud- alidas, ground [alluu, oe aimllat hatardat h. M lnerua• in tM race o! exKaecion and/oe ua• of any mtneeal tuoutee7 7. Hvdroloey. Vill ehe proposal have eign!!leane cesulu in: ~~ YES MAYBE NO ,_ z X X _ _. X ___. x x .~ ~. ~ x Pa;e YES :+,1Y9E ::0 a. Changes Sn eurren cs, or the couraa mf direction o! tloving screams, rlvera, or ephemeral scream channels? X b, fhanges !n abaorp cion ca cos, drainage pa ccarna. or the rata :nd amount of surf u• vacar zunof!? ~ - <, Aleera elona eo the eoune or floe of flood voters? X _ d. Change Sn cha amount o[ surfue vacar Sn any body of va ter? ~ __ X e. OSa charge into surface va cers, or any aleeraelon o[ su rfaee va eer quality? ~ _~ X f. Al tera elon of grovndvacer chase aria eiea? X g. Change in rM quancley o! groundvaura, eleher through dlrecc addlclons or vlth- dravala, or through incerterenca with an aquifer? Quality? Quantity? X h, Tha reduction in the amount of vases ocheY- viae ava11aD1a far pu63ie va Cer auppllea? _ _~ X i. Exposure oL people or property co vacar relates hazards such as Clood Sng or selehea? X• J. Air Ouality. W111 the propoa al hav aignifleane maul ca in: ^. Constant or perlodie air emissions from mobile or indirect aoueeaa? , ~ Scaclonary~aouzeaa? _ ~. _ _ _~„ _ b. DaeazioraeSon of am6lant air quality and/or Snearfenne• vleh the aeealnmane of appllcaDle air quality standards? ~ ,~_ ~ c. Al ceraelon o! local or regional cllmaeie eandltions, alfaeeing aie movam•nc, moisture or temperaturai ,~ _~ ~ 4. Ef`_ca il_sa. Vill the propoa al have algnlfieane moults in: a. Change in cha eharaeuriseics of apaeiaa, lneluding dlvaeslcy, diacrlDuclon, or numDar of any apaclu o((Ln~pl~ancat X ~. _ D. Mduttlon of tha`}fumbera of any unlqua, late or eedange nd apaclas o[ plants? ,~ ~(, ,ag. ] YES `IAYa~ \0 e. Ineroduecion of nw or dlarup clue apetlea of plant into an great _ _X d. Reduction Sn ehe po cenclal for agrleulcural p TadYCtlOn? -i X Fauna. 1!111 ch• proposal 'have aigniflcanc rsaulea in: a. Change Sn ehe characeeria clef of apecles, including divers icy, d1sc:16u clan, a: nwatera of any spec tea of animals? _ }( b. Aeduc cfon o[ cha numbers of any unique, rar• ox endangered spaciaa o! animals? X c. In eroduecion of nw or disrup tiva apaciaa o[ anl~als loco an area, or reaulc in a barrier co cha mlgraclon or movement oC animals? _ X d. Oeeerlo ra cion or removal o! exlacing [iah or ulldlife habiea c? _ X S. Pooular loo. Wfll the proposal have aignificanc raaulcs Sn: a. NL11 cha proposal alter the location, dlatrl- 6ucian, denalcy, dlversicy, or grouch race of the human population of an area? X o. wi:i cne proposal at tect exiae log houaing, or cre ace a demand for additional houaing? X 6. Soc1o-Econonie Faeeora. 17111 cha proposal have aignli !cant raaulcs 1¢: •. Change i¢.Ioeal or regional roe io-economic charaecacla ties, inoluding acopomic or commercial divaraicy, cu race, and property valueaT X b. Will prolgcc costa 6e eQul:ab ly diacsLbucad among pro~eec bane[ lciariea, S. a., buyers, tax payers or pro~eec agate? X _ _- 7. Land Vas and Planning Cansldaratlona. N111 the praposal hav signs !cane easulcs in? a. A aubacantial alcaraeion o[ the pray ant os planned land ua• of an area? X b. A eon[licc ~leh any daaignulona, ob~actlvaa, policies, ¢r ad¢pud plane o! any gowen•antal mncitie~t ~( (!(~_3 c. M impact upon chi aulalty or Quantity aL existing commptlva mr non-consumeciva reeraacional opporcuniciu? X Pa;a 4 YES HAY3~ NO g. Yransnortaelon. Vill the proposal have algnitlunc resoles 1n: a. Ceneracfon oL subs canclal add3eLonai vehicular ' mbvemen c? _ -~_ gr ". Ef.'e: ;a an axiatin8 atreeea, ar demand tar nev acreee cons cruccion? ~ ~_ X e. Effaces on exiaeing parking facilities, or demand for nev parking? ~ Xa d. Subatan[Sal lmpaee upon exlaeing ersnaporea- elon systems? X e. Alceraetons co preaenC paeurna of eircula- clon or mavemenc of people and/or goodat ~ _~ X f. Al eeraeions to or effects on Dreaent and poeencial va ter-DOrne, rail, mass cransfe or air traffic? X g. lncreaa ea fn Czaf[Se hazards eo motor vehicles, bicyclists or pedeaerlanat X~ 9. Cultural geaourcea. Ml11 the propoaal haw afgniffcane usulca Sn: a. A disturbance eo ch• ine egrlcy of archaeological. paleonea logical, and/or his eorleal resources? v 30. Nealth. Sa.`ecv. and Nuisance Facto ra. N111 eh• pro posal haw a3gniffcanc results ln: a. CreaeSon of any health hazard or potential health haze rd? _ ~~ X b. Exposure oL people to potential health hazardat X e. A risk o! esploelon or rduae oL hazardous subaeaneee Sn the went of an aeefdenct X_ d. M increase in eha number of indlvlduala or epecles oL vector or pacheno{epic organisms or the exposure qt people ca such or{arisen 1 X e. lncrua• in ~xistin{ no La• laveleT _ R !. Exposure of people eo potentially den{eeova noise levslat X {. The eeeaelon o! ob~eetionabl• odo eat ~ X h. M lnereaa• in 11jhe or {last ~ __ ~ ~~ Pa;• i YES MAYDE v0 11. Auehac lea. V111 th• proposal hrv• algnillcane m aul to in: a. Iha obicruecion or degradation of any aeanlc vista or viw? _.X b. 'Fhe craacion of an aaa thacically otfanalva ales? _ X e. A cootliet with cha ob7 active of dasignaead or poeencial aeanic eosridora7 X 12. Uc111e1ea and Publle SaNieas. Will cha proposal have a algnificanc Woad !or nw ayatama, or alceraciona eo the tolloving: ' a. Elacctic povast g - _ - b. Nicural or packaged Bast X c. Co®unieationa ayacma7 X - d. Wa tar supply? X - •. WiaC Niter faCllitiaat J( t. Flood control acrueturaat _ X g. Sol1d vas c• faeilitieat X h. Fire proceeclen? X 1. Police procaetlont X ~. Schoolat X k. Parks or other raeuacional laeiliciaat _ X 1. Maine ananea of public taeiliciaa, including reads and Lloed control Laeilieias7 X •. Other govaromancal saNicu2 ~ ~ g 17. Enaear and Seatea Eaaaureea. Vill cha prepaaal have aigniticant results in: a. Ua of wbaeancial or sxeuaiv Iwl or anargy? ~ _ ~ R b. SubacantSal ineC7au Sn dmand upon axiatin{ source of anariYt ~ X e. M inerusa Sn cha dmand for dwalopsanc of ow seeress of anarprt ~ ~ d. Aa laesau• or yarpatuat ion of cha eemumpelan ' of non-nnwabla forma of snot{y, vhan luslbla nnwabla aouraas ot anargy era availablat X ~ !^ ~ ~ _ Pai• 6 Y£4 °dYg£ SO •. Subataaclal daplac ion of any nonzanavabl• or •carC• Ntntal TaaeLLCCa? ~ _~ 14. Nandaeorv FindSnaa of SSaalt S~an~ •. a. Does eha project have ch• pacenclal to degrade the gwltcy of cha mvlronmant, subs not sally reduce cha hab scat of tish or vlldlita apaelea, cause a fish or v11d11ta papulaeian to drop 6 a1ov salt aw taining levels, threaten to elimina ea • plane or animal community, redue• cha aumbar or ru criec cha rana• e[ a roe. e_ endangered plane or animal or alim[nac• important examples of eha major psrioda of Cal its rota history or prehis Cory? _ g b. Doea eha prof sec have cha paeaneial co achlava short-term, to the diaadvancag• et long-term, . envirorsancal goals? (A shore-earn imp+et on eha environment Ss one vhieh occurs in s ealaeivaly b rlet, datlnieiva period et time vhila long- eera fapacca viii endure veil loco cha tutus). _ X c. Data cha prof sec Nava Smpacta vhieh sea Snd Svldually limited, but eumulaelvaly cam ldarabla? (Cumulaclwly eonaidarabl• means chat the Saerceacal efteeta of as Ind lvldual peoj set era tonaldarabla vhan viavad 1n connecelon vich cha effects of peat peoj seta, and probable [ucura oroiaeea). X d. Doea the prof ate have environmental •[taeca vhieh vSll eaua• aubacanclal advars• dtech on human balaga, etcher dlraeely or Sad irately? X II. DISCSSSI04 OF L91Z£DME9TAL LVALVA7ION (i.a., of atfltmatlva anavara to cha above queaclona plus a dlaeuaalon o! proposed mitigation measures). *; ~Y 1P ,zr: II DISCUSSION OP ENYIRONNENTAL EVALUATION lb. Disruption, displacement of soil? ,yea An estimated 3900 cubic yards of •oil will be displaced by the construction o[ the proposed portion of Lhe Carnelian storm drain. An estimated S50 cubic yards of soil will be removed by the intended street widening end accompanying parkway araeing. la. Change in topography or ground surface contour intervals? y~@ The existing west side street parkway from Vivero Street to Celle Del Predo will be regraded to accommodate Lhe intended street widening •nd improvements. The existing embankments will be cut back and steepened end some driveway grades will be steepened. 2. Nvd roloav b. Changes in absorption rates, drainage, patterns, or the rate and amount of flood water? y~g c. Alie rations to the course or flow of [load wafers? Ana The proposed storm drain will remove surface flood waters from Carnelian Street between Vivero to Baseline Road for en estimated 10 year storm event and will ultimately provide for a 100 year master plan storm drain fecilitq as the proposed storm drain is extended northerly through subsequent projects to complete the master planned Carnelian storm drain tacilitiee. i. Exposure to people or property Lo caster related haaerda such as tloading or •eichee? !19! The proposed storm drain will, as noted, provide an estimated 10 year flood protection on Carnelian S[raeL from Vivero to north of Baseline Rosd. It 1• sig r.lficant to note that the 8aselire/Carnelian intersection i• frequently cloned during Lhe winter s tor^ season a• flood waters have ^ade Carnelian/ Baseline Intaraection unaafa for normal vehicular and pedestrian trsval. Storm haaard^ for the intersection ere nearly eliminated for a 10 year storm and •lgnifl- cantly Smproved for storm events greater than • 10 year event. ~~ 4a. Flora. Chang• Sn the characteristics of species, including diversity, distribution, or number of any species of plants? ,y ,~ An estimated 7 trees will be removed by virtue of the intended street widening. Change in local or regional eocio-economic character- istics, including economic or commercial diversity, t-x raie, and propert> :a...ao. paZyS For those homes where property frontage i• required to complete street widening, the reduced set back and loss of landscaping is potential [or a reduction in property vnlue. These tectora will need to be weighed agsinst the benefits received from the completing of frontage improvements. This will need to be considered during the eequiaition of right of any by the City to complete the proposed street widening portion of the project. It is of note that a mitigating effort hea been considered by the City in reducing the ultimate width of street by six (6) feet to maintain circular ecceas to all properties where such currently exists. Will project costa be equitablq distributed among project bene ticiariea, i.e., buyers, tax payers or project users? ~@ The project will be funded primarily by ^vatema development end drainaae funds. No direct assessment will be levied to any ind ividuel users. a. Generation of •ubatantial additional vehicular movement? fire The effect of widening a attest, particularly in the cese where no new development is auociated, such u the subject pro~act has little or no potential for ganersting traffic movement. Tha •itacL of a11m1nsLlmg geontric restrictions such as n narror stretch of roadway between Celle del Prado and Viwro mq allow traffic to flow more freely drawing traffic from other streets. CJ Effects on existing parking taeilitie• or deaand for new parking? ~» No frontage Parking will be allowed within the section of Carnelian being widened. The existing circular acccaa drivewnya to the existing residences is retained however to provide for ofPst rest parking. A no chmge :.. the existing pnrking COndltiGna is tha._..,.~ noted. Increeaea in traffic hazards Lo motor vehicles, bicyclists or pedestrians? ~a AL present. the woes !ids ct ^--:viian iro^ Vivero to Celle del Prado has no prow ire ion for pedestrian fret tic. Anew sidewnik will be provided in this area as pert oP the protect. The new sidewalk connects to existing walks to the north Cut dead end• Lust north of Vivero et the northerly end of the existing flood control chnnnel. 30. Health. Safety, end Nuisance Pac Lora e. Inc reuse in existing noise levels? Me~be g. The crention oP objectionable odors? Maybe With Lhe narrowing of the house set 6aek along the west aide o[ Cernelien from Vivero to Celle del Prado, a claim for increased noise level to the existing residences and increased effect of exhaust odor is potential. These must be considered minor, however. due to the present trait is levels and presently substandard set back. 12. Utilities end Public Serv ices n. Electric Power b. Natural 6es c. Communications Symtems d. Water Supply e. Wastewater Pecilitiea The proposed street widening will cause relocatlona and adtustmenta to service laterals from all of the noted facilities. Relocation of much utllitie• is normally considered under the tranchiwa obligations of the public utility to the City. 1. Maintenance of public facilities, including roads sad flood control facilities? y~ The street rehabilitation portion of the protect 1a in itself a mstor maintenance activity with raprda Lo the street. Th• ^tor^ drain conatruatlon will remove •urtac• runoff from • portion of Carnelian BLraeL protactia{ • portion of the street from periodic flood dame{e. The new widened ^treet and ^to re drain do add new facilities to the City inventory of •trsst and flood control fscilitie• ultisately requirin{ maintenance. C:PROJ:6809-25E 70 Aa. Page 7 III. DETERMINATION On the basis of this initial evaluaiton: I find the proposed project COULD NOT have a significant effect on the -environment, and a NEGATIVE DECLARATION wilt be prepared. O I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. (~ I find the proposed project MAY have a significant effect on the L--J environment, and an ENVIRONMENT IMPACT REPORT is required. ® I find the proposed project CATEGORICALLY EXEMPT per Article 19 Class 3(d Section 15303 of the Cal iforma'- n~irarvnental Qua ity c . DdLE -x•23.90 g ure Associate Engineer Title 7( :Z CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: ~ City Council and City Manager FnOi,': nu552ii ii. i~,i,y'uirv, Ciy Eny-10ecr BY: Linda Beek, Jr. Civil Engineer SUBJECT: Award and authorization for execution of contract for anrhee~e ~~.~~~ _ __ __ _ _'~CL iL~~tCa uo inwy i~-yrr a~anont n~a~ feet south of Chervil Street for the aaqunt of f331,114.00 (5315,346.50 plus 5S contingency), to be funded with Beautification Funds Account No. 21-4647-8935, (fY 89/90 and FY 90/91) RECOUEIDATI011: It is recommended that the City Council award and authorize for execution the contract for Rochester Avenue Parkway Improvement Protect to the lowest responsible bidder, Bopark Enterprises, Inc., for file amount of 5315,346.50 and authorize the Administrative Services DirecWr to expend (331,114.00 ((315,346.50 plus SR contingency) to be funded from Beautification Funds Account Ib. 21-4647-8935 o ~rvroni iun/ ~u~wye._ Per previous Council action, bids were solicited, received and opened on March 8, 1990, for the subject pro,{ect. Bopark Enterprises, Inc, is the apparent lowest responsible bidder with a bid amount of f315,346.50 (see attached bid summary). The Engineer's estimate was 5300,400.00. Staff has revleaed all bids received and found them to be cemptete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. P.espec suMeltted, r-~ i /~ i i- R •LBaJm_-.~- Attachment cc; Purchesing 0 ~ n° N T N P N H p P ~ S Oy S• O ~O (J JN AI u < M C KLL C C N U F N O O J O F e P .y y i ti m ~ i i ~ ~ g m 3 v m ~ ~ spN U 2 V mm~ 1~1 1~1 p WK 2 J r W2 O W ~ F h ~ ~ p T W 4 ~ ~ m t. gyyyJ S d Oy[ U V ~ i 2 5 LL ~ M ~ 73 ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: City Council and City Manager FROM: _ Russell H. Maguire, City Engineer OY: Linda Week, 3r. Gi vii Engineer SUBJECT: Award and authorization for execution of contract for Milltken Avenue Median and Gateway Improvement Protect located frga Fourth to Sixth Streets to Valley Crest iantiscape for the alpunt of f434,590 (1413,895.18 plus 5'I contingency), to be funded with Beautification Funds, Account Nos. 21-4647-8814 and 21-4647-8719 (FY 89-90 and FY 90-91) RECOMMENDATION: It is recaauended that the City Council accept all hid proposals as received, award and authorize execution of contract for Milliken Avenue Median and Gateway Improvement Project to the lowest responsive bidder, Valley Crest Landscape, for the amount of 5434,590 and authorize the Adatntstrative Services Director to expend :434,590 (f413,895.18 plus Sf contingency) to be funded fro: Beautification Funds Account Nos. 21-4647-8814 and 21-4647-8719 (FY 89-90 and 90-91) BACK6AOIND/A1W.YSIS Per previous Council action, bids were solicited, received and opened on i+di Gig %%, i>iv, iw Luc iuuJdC~ y~uje,. L. ioilgr ~, eat. Lanuwaye la i.iie apparent lowest responsive bidder with a bid auount of :413,895.18 (see attached bid suuvary). The Engineer's estivate was f556,199.00. Staff has reviewed all bids received and found then to be couplets and in accordance with the bid requlreuonts. Staff hes coupleted the required background investigation and finds all bidders to vest the requlrevents of the bid docuuents. Re submitted, :LB:pav ~~~~~ cc: Purchasing a 5 8 t O LL~ O V ~ ~ "s ~ x a d ~ ~ $ ~ m ~ m O ~ N ~ s J U 3 W S Wi N P F L- W N N I=-~ K » ys m ~ 2 T p iN ~ ~ yy 3 y~ Y + ~ ~ M W Y ~ ~ W Y t ~ t WJ S ~ » J J i J i r ~ b I 7~ ~ ~:.:. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: ~ City Council and C1ty Manager FROM: Russell H. Maguire, City Engineer BY: Linda Deek, Jr. Civil Engineer SUBJECT: Award and authorization for execution of contract for Asethyst Street Nldening and Area II Stars Drain, Phase I, Isprovement Project located east of Asetlpst Street, north of 19th Street to Highland Avenue, for the asount of ;267,611.00 (5243,283.75 plus 10X contingency), to be funded fros Drainage Fund Account No. 23-4637-8865 (FY 89/90) and TDA Article 8 Account No. 12-4637-8905 (FY 89/90) It is recasnended that the C1ty Council award and authorize for execution the contract for Asethyst Street Nldening and Area II Store Drain, Phase I. Isprovesent Protect to the lowest responsive bidder, Kershaw Construction for the asount of ;243,283.75 a~ authorize the Administrative Services Director to expend ;267,611.00 (1243,283.75 plus l0A contingency) to be funded fros Dralna~e Fund Account No. 23-4637-8865 anu Tun nriicie o ncwuni iiu. i2-~io3i -oy~o. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on March 8, 1990, for tha subject pro,{ect. Kershaw Construction is the apparent lowest responsive bidder with a bid asount of ;243,283.75 (see attached bid sussary). The Engineer's estlsate was 5308,904.00. Staff has reviewed all bids received and found then to be cosplete and in accordance with the bid requiresents. Staff has caspleted the required background investigation and finds ail bidders to sect the requlresents of the bid docusents. Respectf subsitted, ~~ R :LB:s,jf - ~_-_ Attachsent cc: Purchasing 8 ~ ~ `~ ~U ~O NT ~<2p ma O¢ ~~ z S i ~ o ~ m R °a ~ 3 (~J W O W 6 N LL~ O a O ~LL O S ~7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: City Council and Ci ry M@na~or FROM: Russell N. Maguire, City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: Approval to award and execute a Professional Services Agreement between the City of Rancho Cucamonga and Centennial Civ11 Engineer's for the preparation of a Project Report for Foothill Boulevard Implementation Program, Phase I from Grove Avenue to Lion Street, exciuding the Southern Pacific Railroad Underpass. The not-to-exceed fee of 5204,126.00 plus 10% contingency will be funded from Redevelopment Agency Funds, Account No. 13-50300. RECOMMEMBATIOM: It is hereby recommended that the City Council approve and execute the above subject Professional Services Agreement. BACKGROUND/ANALYSIS On December 20, 1989, three engineering consulting firms responding to a Request for Proposal to provide a Project Report for the Foothill Boulevard Implementation Program Phases 1,2,3,4 and i-15 to Rochester Avenue, and submitted a detailed scope of work, background, reference and project team credent1a15 to the City of Rancho Cucamonga. After a thorough evaluation of the proposals and oral interviews with each consulting firm, which Cal trans participated 1n, Lhe ranking by strength of the proposal and oral interview 1s as follows: CONSULTANT FIRM RANKING Centennial Civil Engineer's, Inc. 1 Parson's Brinkerhoff 2 Nolte and Associates 3 Based on the above ranking, Centenniai C1v11 Engineer's, Inc. was requested to submit a fee and their cost for providing the requested project report was approximately f500,000.00, which grestly exceeded the budget amount. The high cost 1s contributable to the extreme design detail that Caltrans 1s now requiring for project reports. CITY COUNCIL STAFF REPORT PROF. $VC. AGREE. CENTENNIAL CIVIL FOOTHILL 11PLEMENTATION PROGRAM, PH I APRIL 4, 1990 PAGE 2 Sfnce the Foothill Implementation Program 1s based on a ten (10) year program, and now, because of the extreme design detail that Cal trans 1s regal rl nq for protxt repnrt~ !t gas dect dt^_ to ga ahead ':r1 th a prvt act report for only Phase I (Grove Avenue to L1 on Street, excluding the proposed Southern Pacific Railroad Underpass where a separate protect report is 1n process by Cal trans) at this ttma, and reschedultng the other phases including the I-15 to Rochester Avenue reach. In light of this, Centennial C1v11 Engineer's was invited to propose on providing a protect report for only Phase I of the Foothill Implementation Program. This was addressed by Centennial Civil Engineer's satisfactorily and after negotiations with them on a cost resulted in a total not to exceed fee proposal of f204,126.00 not including contingencies. The firm of Centennial Civil Engineers, Inc. is recommended as the design firm on the strength of their proposal and Drat interviews. Respectfully submitted, ~/ . i' ~~ ' ~ I-- r 1. __ ~~~ i / - RHrt;JAO~~ ~9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: ^'ay ".*.al and City idenager FROM: Russell M. Maguire, City Engineer BY: Jerry Oyer, Associate Engineer a~3 , SUBJECT: Approval and Execution of the Construction and Maintenance Agreement between the City of Rancho Cucamonga and the Atchison, Topeka and Santa Fe Railway Company (A.T. 8 S.F. Co.) for the proposed Milliken Avenue Grade Separation at the A.T. 6 S.F. Railway Crossing designated PUC No. 2-95.6B north of Sixth Street It is hereby recommended that the City Council approve the attached resolution that authorizes execution of the Construction and Maintenance Agreement between the City and the A.T. 8 S.F. Ra11wAy Lampany and directs for the signtng of said Agreement and for the return of a certified copy of said Resolution Lo Lhe A.T. 8 S.F. Railway Company along with one duplicate original copy of the Agreement. BACKGROUND/ANALYSIS Attached herewith are the duplicate original copies of the above subiect Construction and Maintenance Agreement. Execution of this Agreement 1s needed in order Lo facilitate coordinated improvements on Milliken Avenue and the A.T. d S.F. Railway Company Crossing. The proposed improvements will include, but not limited to, the construction of 2 railroad underpasses and all temporary and penwanent track work. Respectfully submitted, r P RNM: Attachment RESOLUTION N0. 90- ~.,.7q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, CALIFORNIA, APPROVING AND EXECUTING THE IAIWSIlIi11;130W ANU MAiN ItWANCE AGREEMENT BETWEEN THE C1(Y OF RANCHO CUCAMDNGA AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COW ANY FOR THE PROPOSED MILLI KEN AVENUE GRADE SEPARATION AT THE A.T. 8 S.F. RAILWAY CROSSING DESIGNATED PUC N0. 2-95.66 NORTH OF SIXTH STREET WHEREAS, the City Council of the City of Rancho Cucanwnga (hereinafter referred to as "City), has for its consideration and execution the Construction and Maintenance Agreement with the Atchison, Topeka and Santa Fe Railway Caspany (hereinafter referred to as "Santa Fe"), for the proposed Milliken Avenue Grade Separation at the A.T. 8 S.F. Railway Crossing designated PUC No. 2-95.68 north of Sixth Street. WHEREAS, Santa Fe and the City are in mutual accord with the conditions specified in the attached Construction and Malntenantt Agreement. NON, THEREFORE, THE CITY COUNCIL OF TFRI CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES HEREBY RESOLVE that said Construction and Maintenance Agreement be approved and accepted, and authorise the Mayor W execute the same, and direct the City Clerk to attach a certified copy of this Resolution to one duplicate original copy of sold Agreement and iaa11 said copy to the Atchison, Topeka and Santa Fe Railway Company. U~ _ti~, CITY OF RANCHO CUCAMONGA STAFF REPORT ..., DATE: April 4, 1990 T0: Mayor and Members of the City Council FROM Rn~d R..ttnn r: r., Dlannen I BY: Jeff Gravel, Assistant Planner SUBJECT: MILLS ACT AGREEMENT 90-01. ROD WRIGHT - A proposal to implement the use of the Mills Act to reduce property tax on the property located at 7050 Etiwa nda Avenue, APN: 221-101-13. RECOMMENDATION: Staff recommends that the City Council of the City of Rancho Cucamonga approve the attached Resolution and Mills Act Agreement 90-01, thus allowing staff to proceed processing the Mills Act program. BACKGROUND: In August, 1988, the City Council discussed incentives that wou id encourage potential historic landmark property owners to designate their properties as historic landmarks. Since the time of the City Council discussion, staff explored many available incentives. Staff found 1•he Mille Art Ln ho nn" of hh" mne• n wiclnn The applicant came to the City inquiring about the Mills Act program. Staff indicated to the applicant, the property would have to be designated as an historic landmark in order to pursue the Mills Act Agreement program. Please note, the concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property so as to retain its characteristics of historical si gnifteance. This intention is mechanized through the reduction of property taxes thus enabling the property owner to re Invest the money, saved from the reduced property tax, for home improvements. However, property es which enter into the agreement are to be Snspected by City staff on an annual basis. The staff person then can make a determination whether notable progress has been made in rehah;i ;ta ring the property in accordance w!th the protection table provided by the applicant. See the attached Mills Act Agreement (Exhibit "A"). For further details and information regarding the fiscal impart of lowering property taxes, see the attached Memorandum, dated August 22, 1989 (Exhibit "B"). CITY COUNCIL STAFF REPORT MILLS ACT AGREEMENT 90-01 - ROD MRI GRT April 4, 1990 Page 2 CONCLUSIDN: Staff believes that offering to enter into Mills Act Agreements with property owners will be a good incentive for designation and preservation efforts because it brings a tangible benefit to the owners. The money saved can be put to use to maintain a^d restore the land:~a rk, which is a benefit to the entire commu of ty, present and future. Re ct lly sub ' a~ Bra City Pla er BB:dG:sp Attachments: Exhibit "A" - Mills Act Agreement Exhibit "B" - Memorandum dated August 22, 1989 Resolution ~~ i1 ti..~ ~.. CITY OF RANCHO CUCAMONGA MEMORANDUM f~ '„ ,> ~~~z GATE: .August 22, 1989 ~~li 6 1> IYii '0: Mayor and Members of the City Council ERCM: Brad Buller, City Planner °Y: Arlene Banks, Associate Planner SU BJ ECi: RE?ORT ON THE MILLS ACT 9ACKGRGUNO: In August 1988, the City Council discussed incentives for historic preservation and encouraged staff and the Historic Prese rvatian Lonmission to move forward to provide as many reasonable incentives as passible to encourage designation and preservation of historic properties in the City. Since that time, the Commission and staff have explored the detatis of many available incentives. One of the oast promising is the Mills Act. The Mills Act is a State law that enables an owner of a qualified historic building to enter into a contract with the City to preserve, maintain, and if necessary, rehabilitate or restore their historic building. The contract runs for 10 years and is annually automatically renewed for an additional year unless cancelled. It requires that the assessor re-evaluate the property using a result "is ~a~~su bstantial reduction` ~i n1 property taxes"for post- Proposition 13 qualified historic properties. landmark designation is sufficient to qualify a property. The Mills Act has been used only a few times in the State. A maJor reason is that the original version of the law required annual public access through the property, Cut this requirement was deleted in 1986. Mew interest has Deen generated in the Mills Act recently and Rancho Cucamonga has been recognized as being on the leading edge of efforts to put it to use. fI. ANALYSIS: The fiscal impact of the lowered property taxes will be feT ncstiy by the County. The attached example, (see Exhibft "B") which is not a definitive calculation Cut gives an idea of the kind of savings that owners can experience, shows that on a l225,C60 home, the City loses 584.00 per year in general fund taxes, white the landmark owner saves 51998.00. (To get a definitive calculation from the assessor's office, we will have to submit an actual contract.) Staff's ex peetatlon is that one to two dozen contracts would be drawn up over the next few years. Given an average toss to the Ctty of f81 per year Der contract, two dozen contracts would mean an annual loss to the general fund of f2,016. 93 MENO TO CITY COUNCIL RE: MILLS ACT August 22, 1989 Page 2 Balanced against that loss would be a gain to the City in terms of maintenance, rehabilitation, and revitalization of historic property. Mills Act contracts provide a positive and tangible i ncentive~ to owners of aotential landmarks who maY be hesitant about designation. This information has been reviewed by Jerry Fu lwoad, DeDUty City Manager, and Jim Hart, Administrative Services Oirec tor, who acknowledge the loss to the general fund, but see the be ne'i is to the City Of incentives fur preserv atiun. As pointed out in the attached material, one of the best aspects of the Mills Act is that it does not require the historical building to 6e on the Na tionat Register nor must it be a commercial enterprise. Modest local landmarks can qualify. Also attached is a sample "Historic Preservation Agreement" drawn up 6y our City Attorney's office. It can to ins all the necessary provisions required by law. A copy of the Mf its Act and the applicable section of the California Tax Code is attached. It1. CONCLUSION: Staff will work with interested owners to set up Mills Act contract agreements. [n Seeking out Dropertles for contract agreements, staff will give first priority to potential landmarks identified in the historic resources survey as the City's most significant structures. A second criterion will be potential landmarks with deferred maintenance, where the tax savings cou id be put to good use in repairing the struetu res. Staff believes that offering to enter into Mills Act contracts with property owners will be a goad incentive for designation and preservation efforts because it brings a tangible benefit to owners. The money saved can be Dut Lo use to maintain and restore the landmark, which is a benefit to the entire eomsunity, present and future. Should you have any questions regarding our efforts in this area, please feel free to call either Arlene Banks or myself. Me will keep you posted on the success of this program. Res ally t G.. - Orad e City P anner BB:AB:ko 9~ MEMO '0 CITY COUNCIL RE: MILLS ACT August 22, 1989 Page 3 Attachments: Exhibit "A" - Excerpt From April, 1989 California Preservation Foundation Newsletter Exhibit "B" - Economic Impact of the Mills Act _. The '1?ili Aii .P,ei~.,,r ria w:va rnmen: .u~~ ~L~Sect ion"50280-50289) Exhibit "D" - California Revenue and Tax Code Section 439-439.4 Exhibit "E" - Historic Property Preservation Agreement CC; JdCR iam Jerry Fu lwaod Rick Gomez Jim Na rt Arlene Banks Historic Preservation Commission !~ :i MILLS ACT Arlene Banks City of Rancho Cucamonga I've^. nlifii, :iii, Cal;:orca .^r~,zrvaiiun Foundation newsletter: TAX INCENTIVES FOR PROPERTY OWNERS Rancho Cuumongf ties been warklnq b IirA •a many Incentive. n poasiM• whkh would •rxxurege owners al hialarp propertin to lad emhudnik about landmark deaigrwlkn. A most promiain9, dun mentbnetl but surpdsingty und•ruaed tool is ma Mlllf AcL Thu Slau law IGwunm•n1 Cod• S•dbn 50280.1) Nab- IN atilt coundl to contrail wNh an owner d a gwldied hialorkd progeny (lisligp on en o1fcW bcal r•gnUr may M su8iui•nt) b'reflrRllM uN d IM pnperty' for hidoric preservelbn pwpoaee. Th• mnued term u for • minknum of bra yeah. It can conlaN condMbnf abrwl repNr aM nha0iualbn, but Iho• b na pubik aoceaa r•quMemant N Ihan wrce wn. Oran • canlrarX b approved, the oounly Nuseore dllw h nolMied, aril the uwssor mud Ihm detarmbo Ina vdw o11h• Dmperty uafng e'e•pilagzalbn al Inwme mdMd' M soma uNS, apedary for properly Mughl eMr Proposkkm 13, progeny lain may M reduced by a INq• percNlap•. The Malay of the MiNs Ad n mN a mcaear rwme can 4uwiuy - dw,:. ,w ,,.....Ilr for • NNioNI Re9iN•r liellrp or •n'bcom• producing' qwl, N if IM use with lederal laz credNf. To Ipun out Mw IM Milo Ad woMS, qN ^ copy d Ankle 1.9, Sedbn 439 0l CAapler 3, PM 2, DWbion I of tM Sub R•vmre and Texalbn Code (yoW dty's Ilnanu d•• pNmaM mry M wNNnq Io pMbcppy IM two pfgN d seabn 439.2 -IM hervtl. abnq with ^ Dopy N 9re MIM Act, end oak your INr paperer b oakdNe yppr eavYga An wenknplNbd example d how N worbJer N errnar- acapied Mme b N lebwa: 1. Cakuble IM NMId ktppme Ih•t vsor/d M Nmed by your quNNbd Aubrb bulArq 61 ware q b tN1e0, mina. expenfea 2. C•kuteu IM'NpN/9aNlon rate' Ey rlddinp; a TM Federal Home LON BrirMl BaaM'• Sapl•mbM MnareN rM• rounded Io 1M MY/N 1M%, IIaN 9•plamMr. 10.261. PLU9 0. M hbbrkll ploperN rbk componNM 014%la reakaMW prowm. Pws 0. Tax roU percentage la liltb over 1X1. PLUS d, P•runla9e equal to r•dprocd of lh•nmainirg lib d IM buiklinq. 'Ramalnirg tile' Iquroa of 20.50 yeah an commonly used; IM raegrocal d 20 yun la 7/20, which is 5K. 3. DivN• IM annual Inmma b p) by the sum of a, 6., c. and 0. The answer give you IM nave vdue of IM hulork prap.r- N. The curnM tax rMe b appN•d ro Ihu nave vNw. When w• cekvuled an exampb N • 6100,000 Irous• whkh ordi- nadN woldd WY eMd !1200 per year kl property taxes, IM rww tuN under IM Milb Ad wan undw {300 per yer. Chy Nall cape0 aN wv IM Nab to Ilnd sample egoe- m•Me and lourd oMy • MMlul. Rarrdb Cucamonpa'• Cdy Apanry hN drawn up • sampb.modN agrNmanl u. y,. :.Ar :.,.,, wrbepl u approved Dy IM Council, owners of potNlial urumerkf wiN M uMaol•d b Ne i u»y ue bterated in punuirp N aprNmNl. Landmark MfpnNbn •M preservalbn would M a requremenl. TM coMnd ado- matkally nrwws MNN every you unlNS ^ rlNke u givN. q N owner canceb ^ MNU Ad contraq wklroul IM requk.d l0-year nolke, IM bw mendN•e prym•M d h•My Nr. 12 1/2% d IM IuN cuneM valve N tM progeny. - ArbN Banks Eagle CwMIwN: CPF.lefsw.W Nenle9e Task Fao naww- rrrwrdatwna srrcabd b 9•akq anwrdnwwe med• b tlr• kfle Ad N 19x6 b M alwnp b ss11NWy NIe IegWfMnNNe and ewreaw ueege. We eNO keeq aW Yw kfh Aq eclat. any Mop 17 nlueeurrxlrM N Yrrw N aW N • aMKbOlaeperty, en•Mr reN bwr•Ie 811, awn en Ives anrloes N wa AN ua. CPF mwrrow Mbrw /erLe. Ms•xbr Plarwwr b b City d Ranh Cuoamatpa, aawiand NYe N11de ea NN 6M1 pan N e r•nwe0 CPP .Men b rrrla• e4 ari0arM e1oeMYe ae•M Mown b CNbnMb; we krlerk b pWMA • larr9f4•r aaNy eer M rWe, praNe, and berrsNU - wilA eemNb eon••eb and aN .acct.. - kr 6eplamar. 9~ A ECONOMIC B.IPACT OF THE MO15 ACT The Mills Act enables property owner so pay substantially lowsr property axes. Becauu counties receive the major portion of property axes, they beu she brunt of Ne loss. Cities, which generally receve about 4% of property axes, bear a lesser burden. The <conomm impact, o[ the Mills Act on Nancno Cucamonga a illusvrted in the following example: (NOSe• The derails of each step below will be confirmed when the San Bernardino Assesuri Office calculates new taxes for an actml <onsnct, but Ne County Appraiser informally found our interpretation of she Mills Act and the California Tax Code to be generally accepgble. ) Assume the value of a recently purohued landmark hoax in Rancho Cucunonp ss 32ts,txlo. Property taxes ue 32327. 63 (1.1234%), and she portion that [he city is entitled so totals 5106.61 (4.739% of she 1% mublished by Proposition 13. The remaining .1234% is for special asuumenss) Assume :has the property could net 3800 pu monN (3930 rent minus 3130 actual expenses). If the owner enter into a Mills Act contract, then the capiWiation of income method would yield a value calculated as follows: (see attuhed section from Tu Code) Annual Net Income: 3800 x t2 . 39600 Capitalization Rate: (1.) Fed<nl Home Loan Rate (9/88) 10.2396 (2.) Historical Property Risk Component 1.00 (3.) Property Tax Component I.13 (4.) Reciprocal of improvements' remaining life (usume 20 yn.) 3.00 20.7796 V nl~~.~ tOFM A:..i A.A l.. Mt7 O New axes (1.1274% of value) : .S29,µ City portion (4,73896 oft #rof value): 22,32 Loss to City: g4,2g Savings to landmuk owns (52327.63 • f329.44): . i99f.21 The ux has to be recalcWated aeh year to allow for inereaus in rmu ie the arts and chmps in the Federal Home Lam nu. It should be remembered that this example attunes ^ nt:mtly purchuM home; maey laadnurln and potential Imdmulu have Dam in the same oweership far yew and eo are paying loss pnpeety taus: th<rcforc the uvinp m the Ow0en would bt Iw aed the lox n the city would M laa. It the example rcprcwu tM price of m averep landntsrk, then the city low ah avenp of 64.00 per yea for each Mills Act contract. Weighed agaieu mie tau is tDe pie to the city in nMDiliund historic propenia sad roviWimiat. 7bs MHIa Act also briep eowNiag podtive aed tmgibM n ottu to owner of historic propettiee end increwe ieunn ie deWprim. 9~ Mi~t_s ~~r ARTICLE 12 FiISTOR~Chb-PROPERTY COCITRACTS ~/,N~t~. /1D it < PKclr, tJ 7. ~.c::r -r r•...~ 50280. Restriction of use of property; application of owner 50280.1. Qualified historical property ~v2ul. .ay~ira~ provisions of contract 50281.1. Contrast fee 50282. Renexal; nonrenawal; notlce; protest; recordation; effect , 90284. Cancellation; grounds 50285. Cancellation; notlce; hearing 50286. Cancellation; fee; payment 50287. Action to enforce contract; parties 50288. Acquisition of property by eminent domain; cancel- lation of contract; inapplicability to determination of value 50289. Annexation by elty,of property under contract to -- county; rights and duties Of city 50290. 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C.fi t1YY rl 6slrssaw () e1 st .w.1Y N sy y~ Wlrlr rrer ~ rears b rysesr7 ~'$ ~ 19W1.1. timn.d -rriW lmratP "GrBetd hrtrel pepaee9• ter PmFow of thr .rtkN, ore. pintalF ar/nad ProP+re9 wbrh r tre mspe te.. peppvq teaua. aed .hies mr.u uthne or tha far.op _ W YLtd r'ro. N.oeW R(/r W of 6mrk Prae or IoaW ie a rKrurM humrie drr.ier, o IOCaI GOerd r Sreeb. 1.141-4161 or 17W zd of dw Cade of Padaral Retuhnaow. C i t Ibl lLbd r aeP arr. dq. mmq, ae ap and enunq olOdal nlutu o! brtand ar aaehiuaur ~ ft~ is+'[r .It. .i!aLle.ae aiw. Preaa. or IrdoarRe. .s 544{,r,<n+ to (Addd 67 Shu.19e4 a 914 a -. / L be g4a.t,F'<q 119911. HaPlni PmrrWr of eNbM • • • A.F arvrt mind rm undr mr ,eaier ahaa coneaie thr to7b.ri D~~ ~; n ~ m.am ~ W 1'hr rrm of tm metraet abed h. fa[ • mieioum puiad o! dQ 7mrf to ~ ¢a~5, Nl lehan a9Pliebl. eM Hemet shall garid. thr fdr.mr. Cpnlcnc ~ Cnn 111 Far tM Dr..ae.toon o[ ehr pWllld hrroeirl ProWet7 ae6 ~hr nremaaeP, m romn .ad -7 nhaWNab Nr Deaprey m nafom m du nra sad nlurmet of elo Oftfer o! Nrmrr Pearva- `~~~ F~ do. or eha d-germtane of Party and tlnaaada.. prtsarvdhon, ... r27'ro<a.7~~d~/ ' ffi For tlN griadk mmmadon o[ mr rtarioe and racrrbr o! W prmrr bf tM aaa.ror, tJv rG h ah. /7 Dap.r®ani o[ evb rod R«n.don, +nd rM Sma 9wd or CaWimuon m trop M omrme7 m ,4~~ow dtdrtouw tM oaraafa mmplrrv pith tM co.ttxe. Scam, ru41on3 nomaaar r moesa~ih.ll bin tMoiama n11ro aedMob i eru wMr tLn metnn~u tMO~enFio { ~`~ -}p d[krx:K oarrr r,M rrnd rm eM mnaaec cgnplianrc W;1M IAma.dd h Sra1914 c 914 P -. { >•> e°`'*~Lr ttrtla.lnl i n iwri*te~ ~ tff ech u(~or+ charge of aN1.r'ahfp .. .. _. .._. ILtm.eml PI.t1 Force 111Q11 addN hf~Inml.Tl, r. 4OLII.a aM amrdel h 9rW1'm, a. 1159. o- "st4 1 1. tie maoNnd 1 df9. a IIt1.1 IEl "[ G 111111.1 C.anel fm may ~ \ 1Ln ton K~"'<d o.er,~ia : mndiroi m mw~Wlesmie ~FrS PN : w sort m r~awd rM rw~mna~bli tt~it nl l b,aT Mt ndmrrttele( Nr pn9r.s nun5onl~ IAddad h Sra119/. c 911, P ~. 1 ll v~ose4) F1~wd~5 ~~1 fQ99. t1.ar..k n..1..arrW ..tlatt 9armY nardrWa chat 10 n• -Earn W Iai atwa.w J.! P1.dda Oat a W d.e. of tY .t.veat a amA athr aa.W y dr r r ~.det1 r eft. ermey s 9av Y.0 M adiad wmluosllF e..rM (oiWl tqr. n[ rM P(pi re.fS on . a..v.at..11a. eaur K .rn....l r a~ m Pmrilal r thi aaeWa U te. 0n9.eef aster or gnnual~y, ~ ~~.:t::t u.Wn~jaeq~ daa~rd ~n~iao.lmrndu.~iAa' a. 44[ i 5 m.tr.p. Ceho1 O1 a.fiaa r tared h tY ear.rr N Ore M den /afar m tM nMasal dw or M a dd[d -ro 1*a M1 haparehn ea6a iww p dp pw r eh. r.....1 d.e4.w 9.rahaY.nnm.oeftlF M aaldN {urn un i[SS t m rd r~ o/ taa a..a.at .' write n r)ofite W Vp. naiFt h eh..w.r of • ..tW 6.r W rpreM hadF of aa.a..ao.l th. o..m t>rF of wn/tnaua~ N~taated ar~lelde~l. mtlwry..jl e ~ ~1~ h1b ~1. 11 W H9N Mr1 m i> Yfrtd~~ Ou1nK Can Pro~e!!+ CW,nuI f`On . - MYamb •• • • .Irr Ialt.arM ti .I.mtUtWM 49 Con[C(le~ `] (y K ~. I.thbuM body ar rh. ornr w...ods at iee.et u u7 y.r sae m nww m. Coni[n G{ ema.et, rs[.etaei eeeere.h.U e.m.ie ie.Kat [r tb. W Wc~ a! tM grind nmNeui fen tM rtrw',ns in aiitatl.re.doe r tM Wt neew.l of ta. m.a.ec u tM a.. eu7 ~ C`4 fect ~ar (d) tiu ewer .ht0 taeekh dr lyhlutn body with a~ 6ttotm.W. • • • dr kiki.W. bap) YOIY[p di b~t ` ( U 10 1 I a L - ~q~N1<e a(. . WIlaN1 t p P q p 7 P [ C DR IIW) ea9.k. Ip Wdee m INbN It m p+r~ [d ~ b) YO Itw tlue 20 d.>• .mr . dq r c.a.q wun iem . eattnec with a ovnv punaaet m [ m a thi. utieh, the Berle of W I.tol.tn. bade eMt nceA with Un muaq ncaed.[ s wpy a G:}1 Cl9'K metn.t. vbkh e1W1 d..aiW th. pnperty wbjeer t6.rem ' ' '. Dnm fed etGr W tmu of e1y. ~eaNulaq t`i. metnet dWl impus i vatlu Na+of m ap pxw~u u u atferMd bt Na Man{'ai i{7 i i'PCO.TAS W I.rr. a[ thY suu. ~ J Gvn-.{ ~[CQ'a!/ ~Y.~a?£~ ~!: 9Htl (WA, r WS 11. -~t 1.) ~~~ . . ~ . . . a;i';~~1in ~0 ~5.{5 .. . p{ pan+rn.f t SlSN. (;uedLtMta p..n.. Ccun c. ( > tb Ntkl.tlr. body ,e.y seed. aaoereet 4 k d.trmeu chat tM owes bu br..eb.d .ey e[ tM M r hu dto+[d tL. goMrt7 m Mu eeti hi i i~ nna .ante l ~ F ~ i e t . e ~ ~I~a eo.Ntbu of the [aetauc pro*ided !or . p.hee we k oo wero te..t. th..unaud. ra[ . yya.iin.d himeic~: p''p.re .. . e rh. evwr h.. luLd m rump m r.Nbeenm b i tgxnvci 5 . e.. t Ludy 01.7 .ke eee[d . aeetraet it k Gu[m br2acntq l U. property ie N. mace[ eP.dMd m ~ e00~ ProP.rt.{ i5 (~m.ep.d by 9tata.lttt, e. pa7~ p• -~ t 7.) . r~kt{,ec( ~'' no+Knapbcl a5 a5reec~ 9 50285. QlootDatloo: Dona; haa*mt No contract shall !» lanceted m+dar Stctlon 30486 untll otter the - Pub! ~ C ~-~ let;lalanve tway hu pwn Hobe. r, sad hu het4 . pohnc heayln8 w hyrbr•~ -h th. matt.:'. Notla et< n+e irearln8 .han e. KuBed to she tact hmevn add:ea. of each ot.oes or ptopaty ycithta the htatotic woo and shall can[et a weltshw wn,t,.nt to Stttlm 3081. Contn tf' (Addr hY StaL.1a74, C. 1669. R Slal. { LI a .C.v~~.YC r.~~rt.w..... Ir. ~..wwwr! u - - ~Gneelle4+'nn 7 1< a eontJtet V eaooded ardor SaNon 50486. the otrne .lull bacau so of la•Y • tancdittlen rM d 34)fi lit ~ nM A18 rahra at the ptoper~ h e camry aaseawr ry at the tlme of p'ana8tnao. u datamlaed by t pre. eh o F e+fthout n8ard to anY r'tatrlenon tte tuck proptery ImDaiad Vntarant con {*• ct tto th4 attleL. 'Ate ona8atleo tee shall a paid to tM CmtroBar, to ' moans W~Men p1 ownsr ~ tudt elms and m Ludt tumor u the C6ntro8u' tita8 piscelbe, and t l a~~ ~~p `0 than M dipedtad In fhe Stall Qeteral 1R1tad. (AdW bl Sfab.19T8, t 1a6; F iUl. 1 L Atetadld M 5441l7t, e. n ~Ttt~ Jalu 1497, 9. i8't6. y ~ aptteWw Jta. 1. 1991.) a{' -rime pF cance ll.ti'te^ ~ litlt ~ta. rera ...t... a...t w «.~ un ...ease et th4 w.dr r.e.[- ..ar. h. Uw M we.r. N w et dr..N.. era Cre acts .t. N err wtr s. uq east et tN ha utr-n r .~«+ w !a. e.r.r.. -..w l J Nl LC .a. 1. [ . r l eta. • r. ta .e.e+dr. t>,u.a,. t.te. 4ta.lM a feels "' wr'l+a « N..e..id wa.w - 7e . t ~ t ~ arl r.v .at a.eal y..r Wr..K.r. W Y iMe d.wtl.a N . h C . 1 ~ I.il.l.b. Yewt Y teace.wre K .itF Y7 l. a u01, t, r ~ ~ ~ ' ~ewld W p fa a I OQ $50287. sense to aatota oootraet: pardaa Aa ao altraanw m eancetlatlon of the cootrad (or btueh o[ ~oun ~'i -~ ~ ~, ooodltloa, the eamtY. tltY. or aaY laadovraar may brin8 any u. '~anG~.~na.' ~w tlao Ia court naceeaarY to aalorca a mnnact Includin4 but not Ilmit- ~~.^~ a-''0" ~^ ed t0. an tat1M t0 eatorca tlu matract by apecf[to pertormann or lo- * T' lmutlaa ~( ^LL'YJ K E conrrac'' (Added br 94419'M.a lN; p•lla1.{1J § 50288. sogawno. of ptopnty by amineat domHa: oaaoe8a- nca of matnteti 6mpplltabWty to de4tm)natlon o[ Nv 7a the want tlue property aublect to contract under t!W artlde ~'D Dream b a m witoie v. lu p2.: w !!nlNnt damala Ot other aCQU111• cgUlt7a !106 by anY mtlty authorized to exercW the Dmeer of eadtuat do- D! (pr,tto-cr main, sad fhf uRUlainon bT dataemhrd by ~ i.7w.nw body to Te¢ ~ ~('~~~ traftrita Nf pltrp0af 0I the C064aCt. such COIItraR aha8 M gneelad 0.CQ,.i.i rYq o y sad m to ahaLL ba Impoead under Sactloo 50288. Such contract shall f ';• ¢~n rne 6a deemed au8 sad wld [or all purpoNS at GMrmtala8 the wiw o n ~aluE doinar the proWrty ao acquirrl P„Ptr+y s~ (Added br 54t419T7, a SN; R 1161, { 1. Amended 6r 844.irra, e. au. au~/+^K( ;s n b P 12!7.1 17.) y a~mrncd ~e ronficr >OpeW NW 1t. vra ..we uweN w ..., ow .tJ.ee e-..a~ t1YSf Retreere >irr a...4 er11. CIJ.7aYert DerW 1 as 3 50289. soarutloa b7 edh' ~ 7row~7 seder ooetrad to oom- t~i t/pbaas daWaotdq Tn a n nv,.a¢ In the swat thtt property e~4idad by • centlad rrlth • cotmtY a,ro-s, ci~i+•s :aWar thL attkia to aona7ad to a db. tM dty. afiaG nlceaad W all i n nary r rl8bta, dutlN. sad poaret7 d the canab ands aaC6 centred. con ~ ~ ad (AdW by !14!41777.4 1Ni R 71a1, 11.) n~ toun~Y 1 taw GanltrNa .1M wW ewr4ea ~ *R bwa t~id~ratP~W« rare n~l..w r rroiw ~ ~ Yd~~ h , ,-,ye.( i r ~g a Grr I~JSwrNS erVr. , Urnaa b 74b.1717. a 1N. 7•• 171' . --_. _ .. Cemmnt~e. .. l ~ adn~es reaer liaey 7e iteMa eM delrartet eryi Y r M M IK 111. 117 a 177. CJJ. frlU eV 1l.rr..rt:l al r 177. 177. >a IR li. 17t r !a0. K s.Ari7. 17tH. tai lei 1N r17i ( ~' ~ 437 irROiCRTY 7A7CA710N-A6lp$61~ oA.i amounts bq a factor of I00 and dividing the product by the soured taa racy Eor the prior year. (Added try Statsl976, c. 176, p. 320, ! 11, dE. May 21, !9'76. Amended by Statsi977 c. a37, p. 2373, S Ie.3, df. Sept 17, 1977; SWa.19s0, c 120x, p. a0a3.! 77; StuslyN c. a7a, a 23.> Btsarleal Naw 71r Ion aM lase .,na,drn.an ;. .ti Rt+ 71,. lane .,..,,n,,,..... n!te c: :: ee paaaaph mods c6aWea iu , n(eeau m a 9a^Ra9h. dektd "aoA dumeuted ~ aaodoa is dY xsrmw aced Twcaba Coda m 3arrbe Sa9a6 of tM aewmm aced 7 Apparauoa of pnaNYoea d Sta41977, c Cob' awd fw ur .mod 9vaRaps x33.0. 2137, m W aetlMtNS uadptaam pawn 'CowrOmem Coda' d.ln.a ".ad dim1~ am m Sruai970. c 176. R 297. r aarc oadr taawwat m Senloo 3x90! d dw xawevr y Cov.C. / 31100. Taaallon Cade". Crate err Avarap aomW arced value amitaOabM m dm6r, r Covaomeat Cade f 37413, r8eaaf xah~re~ Tnatlaa x,317. US, Taaadaa a 110, Mtlcl! 1.9 ffiSTORICAL PAOPEATY s.aAa. 139. Eok9cebly tatrkad poparry. 139.1. PaaaieNd h191orIN 4392 Valuube; eaquWrfos me ms9hod; deaminatlan. 139.3. Nakr d eoetmewai d coatracC vduetloa. 139A. tlaoxdetloa al aoEara6la 9ewrktfoo prior m hag daq, Argrk !.9 guar added by SasaE9T/, a EOIQ pt 3/53, ! 4 ! 439. lfoeorN~ nweisYed peuyertq Far the ptlrposee of thb arNele sad within the mrmin! of Setting 1 t Ankle XIII of the CaosUtutloa PraP~7 is ~1 1'epricted" it k Y wbjea to ao hiworlal ptoprry wou'ec[ executed pureusot to AttkJe V (cmommdn4 with SeNOn S02p) of Chapter 1 of Pert 1 of gvfeloo I t 17dt S a( the t2oaerpment Cade, (Addsi h7 Sun1977, e. IOSO, p. 3153. ! 1•) ii9sel tal~ewtaa 1tasYY W 4dtae~tet e.33.3, !In W~1 1 Toyae, {r, ~ 111.~ ~ f 43l.i. Reeteletet hMalal /repeq For Pv9eer d thle arlkls'terrkred hhttoekel pr9ywtY meeee r~ hhterleel prapep, a• dAlned In Siettios !02!0.1 d the Gotee.eel ~ N1 ~d' 701Y-AllB~N7 DH. i y the secured to rate Ammtkd by Stau 1977, . 00e7.S 77; Stau 1981, tm4 u the end of the fNt 'and duatbuud 4urniant tM Revenue and iautioe eawad pananph fdbwitte eeutr 'and mmtbewd 7!4^7 d ~!• ft.:__x sad t code S Paz7. 9Efi. 61. oily of Section 8 of dy restricted" if it b invent m Artick IS of Division I of Tick arty" mew gtlatifld r Oowmment Code. w HISro1tICA[. ROt~7Y !4392 na whfc6 is subjtxe to a historical property contrac[ executed pursuant to Article 12 (cottunencina wish Section 50280) of Chapter I of Part t of Division t of Tide S of the Government Code. (Added by SWa.1977, a 1010. D• Jill. { 4. Anxnded by Stan l9t5, c. %l, y 9.) IIYIO11u1 Na1a 7M a W7 aevedtam atbtlend'a defived (metvuocltq with Salon 7031) d Chaptc 1 in Section 70210.1 d the coveeemaM COG" d dvfWa S d tb• PubOe Reatwtcn Code"; far 'meuiea the reetrintnanu d Ardda) and mtla a Qammadd chaeew g 4392. VaMatlea; c~fWlsattoa d httalma taethad; detmttsteatloa N'F.er• Yil11InQ eaforcubly : estrlcted historical property. the county asxssor shall na rnllsider Sala daa on similar propmty, whether or not enforceably restricted, and shall valor such restrkted historical property by the capitalira~ tins of income method in the foDowioa mmner. (a) The a^e+t~l ioa,nte to be capitalirad shag 6e determined ere follows (i) Where st2fficlrnt renal iaformatloa i. availabk. the iawme shall be the f 'r re t wbieh coo be imputed t0 fht ratrieted hiatoripl property 6ein` valued based upon rent acaaUy retxived Eor the property by the owner and upon typical rcoak rexived is the area for similar property is similar use where the owner pays the property aR. When the rtaMctcd historical pmpary betty valued V aenlally cacvmherd b9 a kar, soy wh teat a is equivalent comidered Ia determidry the fatr coat of the property shall be the amount for whk6 the property would be atpettad to teat wen the ramal payloeat m be rengotiated In the ~ of asrrent txoditioas, iaeltdiry apphable peoviriom under which the property is aldorceably restrictcd. (2) When sufflekat rtniili0fo~iNoa.iaL9L~vailable~ lY ~~D thu whkh the reetrkW hitmorial properry bela~~ uode Rldw std mbJect to aPP~k Dr'ovi" t. tvhkh the araaart~ 4 enfaratrWv rtwkitl. .. (71 U theme a en instrument whk6 eaforwbly retztrfeu the property ft1 Ye IherelO an amount enhlch txmtlttllr the miAlinum enaual h3to~a ro bs tapitttilaed, rhea the i»enme m ba apiulimd fhall not belm tau the amount so stipulated. Far praprr o[ th4 saetlon Ltmma shall )w determimed io aceordaooe with tviss sad n{uldom itetsed b7 the bond cad twhh the saNoa anti shaD ba tb. tti~seame 6wrern twwla sad NevenW ehall~ swat d moeq err monsye ttmrth, le aq ash rent err fa equivakot, arhkh the popeRP as M eRpernd to yield r en owneropecaar amuallY tw the neraw tram W tree aI the psopeny permitad under the terms by which ibt PWrtf k aataiwWY raetekYed. igodhnrea 111x11 bt W otMlq a awryr aaattal allocation of mosey a tasaey's wtasth that ao be hirly chr/sd a/Yoet the revenw eapaeted r bf nrtiwd dtreUy the pssiod usd a t atanh nvemtr. Thor a aodF uisss a be ehatpd yueat renatw ahail M tbor which an o aa~ ateteaery la eM pradactlaa std mafaaaaoa a ~ r rawaw or thr 79p o3 •"'_ ! 4392 rBOr®trr rAxArfoN-ASSras~ a.. , Period. Expenditure fh.u eta i~lude aepletlon ahartes, debt renretteryt, ineerort on funds inverted in the propvty, property nxea. mrpontloe ia~me taw, or corporation francbiae taw baud on income. ~' (b) TLC tdFpjhli>adon ~ to hayard i* v~~d. owner«cunid 'fie . r family dwellin~e pursuant [o ebis article shall na be derived from s~iq dW \ and shall be the elm.of the following wmponentx (I) M interert component to 6e determined by the board and no later than September 1 d the Year preadin~ the asseumem ~ ~ which wu the yield nu equal to the effective rob oo wnventtotW monpp ~ t/determimd by the Federal Home Iran Osnk hoard, rounded so the oetl i perom (2) M hirtorlcal property risk component of~brcenc (3) A component for property taw which shall be a percentage equal k the estimaud total tax rate applinble m the property for the assessment year times the asuumeot ntlo. (/) A component for amortlratlon of the improvements which shall yea I percrnbge equivalent m the radprocai d the remaidng life. (c) The apitaliatlon rate m be used k vahttog all other reetrksed hirtarb cal r~ pursuant to tltis arHck shill not 6e decivcd from ssW a~ soli be the sum d the followiu~ cempoosme (i) M interest component to be datermiaed by the board and aoapttnd ew titer than September t of the year prscedbg the asateemsm )ear aN which wu the yka rate equal m the effectlve rob on wavantioed tnortgaget u drtermined by the Federal Rome [.an Back Board, rounded b the oear• eft '/s peroant. (2) M hirtoricai Property risk cOmpotltat Z pettxm. (3) A component for property tam whie6~ M a percxnntge equal r the estimated tool to nb appUoabk m the ptuperty far the ateeeemem R time the a4pWlrlt ntlo. (/) A comDooeot far ataortlratloe of the Improvevtettu whkh shs0 a a percentgr equivalent m the rcdproul d the reasaitliog Ofe. (d) The l7INe of the remitted hirtorkal property shall be the tl tM Jg~a determiod a provided la wbdivkbn (a) divfdd br tM ropey. Ltlon reib dpi a as provmed m fnhaivWan ro) or (c). (s) The rob pranibed in Seetim ~Ot shall ba applkd m th valet d dr ptopsrly datarm(oad b suhdivWon (d) b olttab i4 aeaabad vahr (Added by gfaa1977, c Itlq, p. ]tll, !i a Amaedd by 1tau.19M, c 6M 1 ItJ ~Ir~W flaw 7L IsM asssaeawl dekw4 (tea etr ta• d aerrys tatakal y soffits 111! d ale etaictay nnatq-, the baud far atertar silt sad' Ma'wM'tb art sold. fiery 6kaaafo etttt W loal TnWSa far, g I If. 100 ®STORICAt. ROfER'[Y S 439.4 K3 9 439J. Noels of noormwal of mnraet: valuedoa NotwithstusditsQ any provision of Section 439.2 to the contrary, iE either the county or city or ehe owner of restricted historical property subject to contract hu served notice of nonrenewal u provided in Section !0282 of the ~prEmmeni ~u.ie, the county aaxaaor sbau vuue such restrcted historical property u provided in this action. (a) Followirt8 the hearing conducted pursuant to Section 5028! of the Government Code, subdivision (b) shall apply until the termitution of the period for which the restricted historical property is enforceably restricted. (b} iht board or assessor In each year uniu uro [u'iHitiauu0 Jf iud j.d.-.w for which the property is enforceabty restricted shall: (I) Determine the fuU cash value of the property u D It were not subject to an enforceable reatrictlon; (2) Determine the value of the property by' the capitalisation of income method u provided in Section 439.2 and without raped to the fat that a notce of nonrenewal or canullation has atx;uersd; (3) Subtna the value determined in paraRaph (2) of this mbdiviston by capitalisation of income from the full cash value determined in para~aph (1) of this subdivision; (4) UsieeB the rate announced by the board purwant to parapaph (1) of subdivision (b) of Section 439.2, diaeount the amount obtained in paraaaph (3) of this subdivision for the number of yeses temainiu~ until the teemi• natlon of the period for which the property is edorccably remitted; (!) Determine the value of the property by addict` the value determined by the capitalisation of income method u provided in pstraRapb (2) of this subdivision and the value obained in ptsraQap6 N) of this subdiviNoo; acrd /<\ awwl.. .A...N... w.r.wl.re tw Cr.r{ww MI «. Nu .,.1... ,.r rlu w.nw.w.r determined m paraQap6 (!) Of thb rl6divialOn m obtain is assessed Value. (Added br l~ts.l977, a IOq, p. ll!!, ! 4. Amended b7 Suts.l9N, e. 676. S 2S.) ewtW Noss mr 19e1 .mtaamw dsM4d, bor. Ws la- pow aeawa~. esartsd la l.nlos III!, sod' ssetater7 tssraRsph •, td bard rot ptr• ta+esdlaa •ttw eeary wwsr'. ~.~. leeerdrler of adoeoubM neh~Mlon ptrlee to Uan data No property shell be vahtd purauaot to thL article ttakse an enforeabie rettuiclion maatltK the ragttitsmentr of Section 4I9 is sl~nad, accepted and Nearded oo a 6afoei ehe INn dtue for the fiscal ywr In which the valuation //arid apply. (Added by 1tm1977, e. lad, p. 3tle, ! w) rwarn 401 _~ T~~ ~.-J RESOLUTION 9a• /~O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MILLS ACT AGREEMENT (ARTICLE 12, SECTION 50280 OF THE CALIFORNIA GOVERNMENT CODE) FOR THE PROPERTY LOCATEp AT 7050 ETIWAN DA AVENUE, WHEREAS, both the owner and City desire to protect and preserve such property so as to retain its characteristics of historicai significance. A. Recitals (i) The owner of the subject property has requested implementation of the Mills Act (Article 12, Section 50280 of the Cai iforn is Government Code). f ii) De signs ticn of the subject property as an Historic Landmark is a requirement prior to proceeding with the initiation of the Mills Act. (iii) The City Council of the City of Rancho Cucamonga designated the subject property as an Historic Landmark, April 4, 1990. B. Resolution NOW TNFRFFORF 1hn rlfv rn„nnii ns •hn rs. ~,a o,.,c ~c °.C C3^e'yc ~_`. hereby resolve 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. The parties in consideration of the mutual convenants and cand it ions set forth herein the attached marked Exhibit "A" are agreed upon. 3. The City Count it approves the Mills Act Agreement attached hereto as Exhi6lt "A". 4. The City of Rancho Cucamonga has accepted to enter into an agreement (contract) with the property owner, thus inlttating the M1115 Att. ~/ HISTORIC PROPERTY PRESERVATION ROREENENT THIS AGREEMENT is made and entered into this 4th day of A ril, 1990, by and between the CITY OF RANCHO LULAMONGA, a municipal corporation (hereinafter referred to as the "City"! and Rod Wri aht and Steven Brink (iie re ind `ter rc fc rred t^ 95 the "nwnn r"1, 11 I T N E S S E T H A. NeC7U 15. !i! California Government Code Section 50280, et seq. authorize cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance and restoration of such historical property so to retain its characteristics as property of historical signifi~ ante; (ii! Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Stenme ier House and generally located at the street address 7050 Etiwa nda Rvenue Rancho Cucamon a CA 91730, Rancho Cucamonga, California, hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On Aoril 4, 1990, the Cf ty Council of the City of Rancho Cucamonna adnnted sic Racnlnti nn Nnn Nn. on_inn thnr"hv durl"r;nn and doe:nn"~;nn the Histo ric~ Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pur 5uant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Aareea~llt. NON, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and ierm of Anrnemant, This AgrPPIllPnt shall be effective and commence on Aoril 4, 1990, and shall remain in effect fora terns of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided fn paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of -1- nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of Lhe annual renewal date of the Agreement. Unless such notice is served 6y Owner to City at least ninety (90) days prior to the annual renewal date, or served by City t0 Owner at lag <1 <iv4y iFnl Apyt .. ~.. •„ a~_ ,nnLVl _-_,„^ .'.3 tC, iii year shall automatically be added to„,the term-of the Agreement, withdraw its notice Lo Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remai r. it effect for the balance of there term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Pro oe rtv. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "8", and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. 6. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Secretary of the nterior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, Attanc~d ho na}n a< [vhth:• nru c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization and City, as may be necessary to determine owner's compi is nce w7th the terms and provisions of this Agreement. 4. Provi;ton of Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of thfs Agreement. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement tf ;t determines that Owner breached any of Che conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the sta ndard5 for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(6) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees tat forth in California Government Cade Sections 50280, et seq. -2- 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a vinlar;nn is r^t ccr rzc Led to `c reasonable sa cis taction of the City within thirty (30) daysV therea fter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty !30) days (provided that acts to cure the breach or default may he cnmmenc ad wirn;n !•`•:; t~ i,uj days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of th fs Agreement and may bring any at Lion necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for fn this Agreement or in City's regulations governing historic properties are available to the City to pursue in the even tat there is a breach of this Agreement. Ho waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunde r. 7. Bi rd i^.g Effect of Agreement. The Owner hereby subjects the Historic Property desc rihed in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the r.nvanan t.s, rnse rvar;nnc aeA restrictions as sr-t forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, rese rva tfons and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their undersea nd irg and intent that the benefit of sucfl Covana nos, reservations and restrictions touch and Conte rn the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Dwner. 8. Hotice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may 6e later specified by the parties hereto. -3- To City: City of Rancho Cucamonga 9320 Base Line Road, Suite P.O. Box 807 Rancho Cucamonga. CA 91779 Attention: City Planner To Owner: Rod Nright Steven Brink l~~v Et i1~u l~~ AV CIIVC Etiwa nda, CAS 91739 9. General Provisions. a. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor :hall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal fnju rtes, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents and employees with respect to any "~~ '1 a~i. lulu iur umia yes cause oy, or alleged to have been caused by, reason of Owner's activities in connection with the Historic Property. This hold ha mless provision applies to all damages and claims for damages suffered, or ai leged to have been suffered, by reason of the operations referred tc in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, Legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings aro brought by any party or parties to enforce or restrain a vio lotion of any of the Covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed 6y the court, in addition to court costs and other relief ordered by the court. -4- e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement sha 11 be construed and governed in accordance with the laws of the State of California. lD. Recordation. .7o toter than twenty (26j days after the parties e.=c_~tc ~ d en ier into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS NNEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO COCAMONGA Dated Dated STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDI NO ) By: Denn 15 L. Stout, Mayor Owner By: On this day of 1990, before me, the undersigned, a Notary Public 1n and for said State, personally appeared knovm to me to be the Mayor of the City of Rancho Cucamonga, a municipal corporation, and known to me to be the City Clerk of the City of Rancho Cucamonga. a municipal torporatfon, and said persons are known to me to be the persons who execute the within instrument on behalf of the City of Brea and aekvowledgad to me that the City of Ranchu Curamonga eXCCUted the same. NiTNESS my hand and official seal. Notary Pub is in and for said fate 5- LEGAL DISCRIPTION ETIWANDA COLONY LANDS N 105 FT, S 426.55 FT, E 200 FT, LOT 8 BLR J >48 AC M/L EXHIBIT •A' z i'` THE SECRETARY OF INTERIOR'S REHASILITAT ION STANPAROS I. Every reasonable dtort shall M mach to provide a comDatibl• use tar a property that requ iru minimal albration of the Duiiding struciurar or sits and its envlronmsntr or to the uw a property for Lts orig Snal intended purpose. Z. Coe dlstinquish ing original qua llCSee or character o! a Duiiding, - - ~~_ .ten ,r..nvrrnnment aM 11 not W destroyed. +The~removal^or alter a[San of any hlatorleal meGrisl or dint inct ive arcn St ectural features mould W avoided Than possible. 1. All build Snga, structur as, and situ shall N rscognf xed a• products of their own time. Altaratlons which have no historical basis and which seek to eraaG an urlier aDDearance she 11 be discouraged. 4. Changes, which may have taken place in tM couru of time, are evldenp of the history and dweloDmanC of • building, structure, or e1G end its environment. Thane ens nqu may have ecqulred sign M Stance snail W recognized aIW ruDectsd. S. Olstinet SVe stylist lc faeturu or examples of skilled cra tt amen ah Sp, which characL Srlr• a building. structuea, or •St• ens 11 M treated wltn sansit SVity. 6. Oe[ar Sozeted arch lteetural teaturu shall G repaired rat Mr than raD lac sd, whsr•ver possible. In tM swot replacement Sa neou ury, the ner material should match CM materiel being replaced Sn composition, design, color, texture, and other visual qualitlo. ReDalr or replacement of missing ar col Letur al tut~ru, shmu ld M basal on ac curaw uuVirea uvu• wi io wa o, suus~ul~auw i,y iii eivaiw i, physical, oz Dletor Sal eviducs rather loco on con)ectural design• or tM ava13aD1llty of dil Lerent aranibalural •lemsnL from other buildings or structur u. 7. The surCnce clean log of structures aha 11 M undertake with the gentles[ 'means post Sble. Sandblaa[Sng and other clashing methods that rill damnge the historic building meteriala shall not 6e undertaken. 8. Every rea aonaDle effort shall be made to Drotsct and preserve arcnaeologicel resource affected by, or ad)acent to any acqufelt ion, proGet ion, stn bllisat ion, preservation, rehabilltatlan, nstaretlon, or reconstruction pro)ect. 9. Contemporary du lqn [or altarat Sons and add St SOns to existing propert Sae shall not diaccuragsd vhen sucA altsret ions and add it Sons da not destroy algnitlcant historic, architectural or cultural material and such design is comDatlbl• rlth the si:s, scale, toter, matetta 1, and character of t-he Property, neighborhood, or snvironmsnt.~ 10. NhsNwr Dosllble, new add It loM or •1CSrat1OM to tituot LLlea aha 11 G doom in sucA • manner that 1t such sdditlons or elteration• rsrs to W removed in tM tutu re, !M uuntisl form and lntsgr Sty of the structure would W unimpaired. ~. EXHIBIT 'B' ~. ~° CITY OF RANCHO CUCAMONGA Property painr.nan.~.; All b•!il@irge .«...~r...~. yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The Following conditions are prohibited. 1. Dilapidated, deteriorating, or unrepaired struc- tures, such ae: fences, roofs, Booze, wells, and windowsi 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded oz unused objects or equip- ment, ouch as automobiles, automobile parts, furniture, stoves, refrigerators, cane, containers, or similar itemet 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, con- dition, or ire ineppzopriate location. HISTORIC PROPERTY PRES[RYATIOM PROPlRTY MARITlNANC! EXHIBIT '8•(t) POTENTIAL HOME IMPROVEMENTS "Mills Act" Agreement Attached is a list of renovation pro,jec is the applicant plans to complete over the 10 year term of the contract. Item Year Task I. 2 Remove ca rReting, sand floors downstairs 2. 2 Paint exterior of the house and barn 3. 3 Replace roof of house 4. 3 Renovate the bathroom downstairs 5. 4 Construct new septfc tank 6. 5 Strip paint from interior woodwork and remove the wood stove in the dining room /. 6 Install a new to rnanCe/afr Cgno lttoner 8. 7 Renovate driveways 9. 6 Landscape yrounds 10. 9 Remodel Kitchen 11. 10 Renovate anA enlarge the bathroom upstairs 12. 10 Renovate the barn interior The applicant has indicated these are the ma,{or pro,{ects, planned for the hqu sn and prgparty, necessary to nave a good restoration. EXHIBIT •C• ti.~ ~,,, rrmv nc o w unvn n r.n w anon ~ STAFF REPORT DATE: Apr11 4, 1990 T0: City Council and Ctty Manager v FROM: Russell H. Maguire, City Engineer BY: Henry Murakeshi; associate Civil Engineer SUBJECT: Approval to award and execute a Professional Services Agreement between the City of Rancho Cucamonga and JayKim Engineers, Inc., to prepare desigyn plans, specifications and estimates for Area IV Archlbald Storm Drain, Phasa lA and iB for a fee not to exceed E96,749.00 plus 107 contingencies to be funded from Drainage Fund, Account No. 23-4637-8947 (lA), and 23-4637-8948 (1B) ~ RECOMMENDATION: It is hereby recommended that the City Council award and execute a Professional Services Agreement with JayKim Engineers, Inc., to prepare plans, specifications and estimates for the Area IV Archlbald Storm Drain, Phase lA and 1B for a fee not to exceed f96,749.00 plus 107 contingencies. BACKGROUND/ANALYSIS On February 2, 1990, four engineering consulting firms responding to a Request for Proposal for the Area IV Archlbald Storm Drain, Phase lA and 18, and submitted a detailed scope of work, background, reference and pro,{ect team credentials to the City of Rancho Cucamonga. All four engineering consultants met the Professional and Scope of Service requirements established by staff. A ranking by the strength of the proposal is as follows: RANKING BY TOTAL PROI'DSR~COMTEXT PHASE lA FEES PHASE 18 FEES lx'S-IB Jay Kim Englrteers E 51,240.00 E31,O45.00 E 82,24S.OO G.P.S. 57,987.00 29,755.00 S 87,742.00 L.D. King 118,200.00 57,300.00 5175,500.00 B.S.I. 143,731.00 99,094.00 E242,825.00 After the proposals were reviewed and after conferring with the Development Management Section of the City 1t was decided to expand our original scope of work to provide a sizing of the stone drain 1n !07 CITY COUNCIL STAFF REPORT PROF. SVC. AGREEMENT JAYKIM ENG. AREA lY ARCHIRALD STORM GRAIN APRIL 4, 1990 PAGE 2 Archibald Avenue from Deer Creek Channel to Sixth Street to be able to convey tbe,xorst :.:~, possible f!aodlrg cenditTcns. 1) con:•ey `.he 100-year Q 1n the pipe for the rainfall runoff frao the area tributary to the Archibald Avenue Stores Drain or 2) convey the 100-year Q to the pipe and wt thin the public right-of-way for not only that runoff frog the area tributary to the Archibald Avenue Stores Drain but also that runoff fron another area to the north that is tributary to a future storm drain in Foothill Boulevard. Ai so, Decease of poienti ai ~onJidg it ,as ue~iaco w have the prchi bald Avenue Stour Drain designed with a base bid and alternate add-on bid proposal. Since JayKim Engineers, Inc., had the most caoplete and responsive proposal on our original request for proposal they were invited to propose and negotiate for the expanded scope of work as described above. The expanded scope of work was addressed by JayK1m Engineers satisfactorily far an increased fee of ;14,504.00 resulting to a total not to exceed fee proposal of ;96,749.00 not inctuding contingencies. The firm of JayKim Engineers, Inc., 1s recaamlended as the design fine for bath pnases based on the strength of their proposals and the associated fees. Respectfully omitted, ~ ~ i :HM: ~flg CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 ~ TO: City Council and City idaragcr FROM: Russell H. Maguire, City Engineer BY: Nalt Stickney, Assodate Civil Engineer SUBJECT: Approval to execute Contract Change Order with UJ1 Consultants, Inc. to provide additional engineering services for Etiwanda/San Sevaine Area Master Plan of Drainage. The Change Order is for the total amount of 518,748.86 to bring the contract total to 2103,748.86 to be paid from the Etiwanda Drainage Fund, Account No. 19-4637-8766 RECOMIEMDATION: It is hereby recommended that the City Council approve and execute the above subiect Contract Change order with BSI Consultants, Imo. BACKGROUND/ANALYSIS BSI Consultants, Inc. was contracted to prepare the Etiwanda/San Sevaine - ~1 ~. T!:^ ^t^ °]• .ahi~A vac aAnnroA Av rh. !YW rnnM 11 "•- --- in~ August~1989, involved numerous adJustments over the course of its development. Some of the adiustments were considered by staff to be beyond the scope of the initial contract with BSI, As such, it has become necessary to increase the contract amount to include the adjustments which consisted of modifying various drainage boundaries and facilities wt thin the Etiwanda area. 8SI has also provided the City, at the City's request, additional copies of the master plan stuQy beyond the total specified in the contract. The Change Order is for a total amount of f18,748.86 to bring the contract total to f103,748.86 to be paid from the Etiwanda Drainage Fund, Account No. 19-4637-8766. Respec~fu)ly submitted, ~. 1 ~~L RNM: S•s,{ ~ l~9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 ~ T0: City Council and City Manager (~, v i FROM: Russell N. Maguire, City Engineer BY: Millie Val6uena, Assistant C1vi1 Engineer SU6,iECT: Approval of Summary Yacation of a portion of Liberty Street, Map, inmrnpenwnt poreement; improvement Security, Agreement for encroachment into City Easement or Right-of-Nay and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance D15trict Nos. 1 and 2 for Tract 13898, located at the northwest corner of Lemon and London Avenues, submitted by Bernie Mizrahi and Joseph Say RECOMMENDATION It Ts recoa~aended thet the City Council adopt the attached resolutions approving Tract 13898, accepting the summary vacation of a portion of Liberty Street, sub3ect agreement and security, agreement for encroachment into City Easement or Right-of-Nay, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the Ctty Clerk to sign said agreement and to cause said map to record. ANALYSIS/BACKGROUND Tract 13898, located at the northwest corner of Lemon and London Avenues in the Low Residential Development District, was approved by the Planning Commission on April 12, 1989, for the division of 2.47 acres into 7 tots. The Developers, Bern le Mizrahi and Joseph Say, are submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: 5189,000.00 Labor and Material Band: f 94,500.00 Monumentatlon: f 2,750.00 Copies of the agreement and security are available in the City Clerk's 0fftce. A letter of approval has been received from the Cucamonga County Nater District. The Consent and Naiver to Annexation fora signed by the Developer is on file in the City Clerk's office. Respec ~subm tied, Attachment -_~ RESOLUTION N0. q~' ~~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AGREEMENT FOR ENCROACHMENT INTO CtTY EASEMENT uR RIGiii-OF-NAT nN0 FIlL'!L MAY 'JF TP_!CT NO. 13898 WHEREAS, the Tentative Nap of Tract No. 13898, consisting of 7 lots, submitted by Rernle Mizrahi and Joseph Say, Subdivider, located at the nor'sinrea;. ~Jriier of Li~liGn and London Avenues has been submitted to file City Of Rancho Cucamonga by said Subdivider for approval by said City as provided 1n the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the F1na1 Map of said Tract said Subdivider has offered the Improvement Agreement and Agreement for encroachment into City Easement or Right-of-Nay, submitted herewith for approval and ezecutton by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for street and highway purposes the streets delineated thereon. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: I. That said Improvement Agreement and Agreement for c,i4i lli 1.111~C11Y MINI YI L) LuiVlOCiit Vi n; ynt-Vl~tiy, vc and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk 1s authorized to attest thereto; and 2. That said Improvement Security 1s accepted as good and sufficient, subject to approval as to forty and content thereof by the City Attorney; and 3. That the offers for dedication aM the F1M1 Map delineating sane be approved and the City Clerk 1s authorized to execute the certificate thereon on behalf of said City. ti,-.. ;~". RESOLUTION N0. qo.i~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGl1, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF LIBERTY STREET NHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highxay Code, the Ctty Council of the C1tY of Rancho Cucanange is authorized to suaa~arily vacate a portion of the City Street hereinafter sore particularly described; and WHEREAS, the City Council found alt the evidence subsitted that a portion of Liberty Street in the Low Residential District is unnecessary for present or prospective public street purposes because it has been superseded by relocation. NON, THEREFORE, BE 1T RESOLVED by the City Council of the City of Rancho Cucaaanga as follows: SECTION 1: That the City Council of the City of Rancho Cucaapnga hereby aw ek s it order vacating that portion of street on Mep Y-093 on file 1n the office of the City Clerk of the City of Rancho Cucaaxmga, which hat been further described in a legal description which is attached hereto, awrked Exhibit "A", and by reference •sde a part thereof. SECTION 2: That fra~a and after the date the resolution is recorded, said por on o Liberty Street as described in Exhibit 'A" no longer cons ii i.u ixa a ai.reel or yuLi i~ uliiiy bds~wc~~t. SECTION 3: That the City Clerk shall cause a certified copy of this resolution foo- recorded in the office of the County Recorder of San Bernardino County, CaH forma. II~ EXHIBIT "A•' LEGgI DESCRIPTION FOR THE VACgTION OF A PORTION OF LIBERTY STREET BEING A PORTION OF THE SOUTHERLY 10 FEET OF THE NORTHERN 30 FEET OF PARCEL 3 PARCEL MAP 1589, AS RECORDED IN BOOK 13, PAGE 32 OF MAPS IN THE OFFICE OF THE COVNTV RECORDER OF SAN BERNARDINO COVNTV AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF 9AIC PARCEL 3, SAME BEING THE CENTERLINE OF LIBERTY STREET; THENCE ALONG THE WESTERLY LINE OF SAIC PARCEL 3 SCUTfi 00°34'39" WEST, 20.00' TO THE TRVE POINT OF BEGINNING; THENCE NORTH 89°54'57" EAST, 116.68 FEET TO THE BEOINNIN6 OF A TANGENT CURVE CONCAVE SOVTHWESTERLY HAVING A RgDIV3 OF 15.00 FEET. THENCE ALONG THE ARC OF SAID CURVE HAVING CENTRAL ANGLE OF 70°31'44" A D19TANCE OF 18.48 FEET TO A POINT OF NON-TANGENCY HAVING A RADIAL LINE WHICH BEARS NORTH 70'2!1.41" EAHT; THENCE SOUTH B9°54'57" W68T1 130.98 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID WESTERLY LINE NORTH 00°34'59" EAHT, 10.00 FEET TO THE TRVE POINT OF BEGINNING. VAC4TION OF d PORTION OF I..IB£1ZTY STfZEET L _....._... _ ~y.Y_~ i~ 'sT"E L16SRTY ~ STR~E`T ie.~,~o' ~~ a• .~, N o~~~D~'~ s. i5~ ~~ ~'~.~ ~6a'i-s144=' tlS~ -s ~. ~0.1p' / ~. ~O.al' 5,.~ ~so.x d o ~Q ~~ ~ ~o~~~~~ , o ~~ o Tx...c"r lama z ~~ g ,~.,~ RESOLUTION N0. ~~ _ ~~?~ A RESOLUTION OF THE C[TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNE%ATION OF CERTAIN TERRITORY TO LANDSCAPE MATNTENAMCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13898 kHEREAS, the City Council of t^'IC City of Rancho Cucaaanga, California, has previously formed a special a~atntenance district pursuant to the tera,s of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of Lhe Streets and Nlghways Code of the State of California, said special aaintenance 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 NHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the anrrexatlon of additional territory to the Maintenance District; and NHEREAS, at this tiaN! the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated hereto by this referenced to the Maintenance District; and NHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance 01str1ct have filed with the City Clerk their written consent to the proposed annexation without notice and hearin or filing of an Engineer's 'Report". 9 NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII HEREBY RESOLYES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this iegislative bogy hereby orders the annexation of the proper as shown 1n Exhlblt "A" and the work prograwt areas as described 1n Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including'th~evy of ail assessaknts, shall 6e applicable Lo the territory annexed hereunder. I I exwar •~• ASSESSMENT DIAtiRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 Ji\ .~L~. ¢11,T !T. I~ W !I Ih` ! W ~ ( NIl Il LUS LT p 1 O n i x O LEGEND ~ s ,): DENDT E3 IANOS CAPE ~ ~ p AREA J '~:T DENOTES SIDE WA IK • Cr~KElJ GT 6ENOTE3 STREET IIGNT DENOTtS TREfS © I ~ L M O N ! T~- CITY OF RANCHO CUCAMONOA ~' COUNTY OF sAN 6ERNARDINO .~ STATE OP CALIFORNIA ~ 13ese EXHIBIT '8' PROJECT NMIE: TRACT 13898 N0. OF D.U. OR ACREAGE: 7 d/u N0. OF ASSESS. UNIT: 7 units STREET LIGHTING MAINTENANCE DISTRICT No. of Lsps to be Mnexed uistrict no. >nw~ yowt io,wu «„'°",,, .'r`.:°S 1 --- --- --- --- --- 2 3 --- --- --- --- LANDSCAPE M111NTENANCE DISTRICT Tllrf RmunA rnyon T.wn_ Dtstrlct No. Street Naas Sq. ft. Sq. ft. Ea. 1 London Avenue --- --- 18 1 Le~aDn Avenue --- --- 3 JAA: 4/4/90 JI~ a+ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 TD: City Council and Ci LY Manager FROM: Russeii H. Maguire, City Engineer BY: Millie Valbuena, Assistant Civil Engineer SUBJECT: Approval of Improvement Agreement, Improvement Security and Draertng the nnnexaiion iv Lanus aye Rainte;~asca ~ - - - and Street Lighting Maintenance District Nos. l~~and ~ 6~Vfor Tract 11428, located easterly of Center Avenue between Church Street and Foothill Boulevard, submitted by QBM Companies IIECOMMENDATIOM It is recomaende4 that the City Council adopt the attached resolutions accepting the suDJect agreement and security, ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND Tract 11428, located easterly of Center Avenue between Church Street and e~_~~.ni o__~1°Y_.e In LMT inA i~MJ~I nE~' :C7C10«....•_ ^.~7t•itt __ ~... .._.w by the Planning Caa~al scion on ~µ ~ u -rr April 9, 1980, for Lhe division of 38 acres into 14 lots. The Developer, QBM Companies, 1s submitting an agreement and security to guarantee the construction of a portion of the off-site private street improvements desiynated as future improvements for Lot B as shown on recorded Tract 11428 in the following amounts: Faithful Performance Bond: =81,860.00 Labor and Material Bond: 540.930.08 Copies of the agreement and security ere available 1n the City Clerk's Office. A let*.er of approral has Deen received freat the Cucamonga Counfy kater District, The Consent and Maiver to Annexation forty signed by the Developer is on file in the City Clerk's office. Respect Fly submitted, r~ v R Y: Attachments ~I (p RESOLUTION N0. 90.'~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYIN6 IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT N0. 11429 NHEREAS, the Final Map of Trect No. 11428, consisting of 14 lots, located easterly of Center Avenue between Church Street and Foothill Boulevard, has been approved and accepted by the City Council of Rancho Cucamonga on June 17, 1981, as provided in the Subdivision Map Act of the State of California, and in compliance with the require~e.^.!s ^f °-:7,-a,-,c- °- c 1,V• ze of Bata City; and NNEREAS, QBM Cbmpanies, Inc., Subdivider, has offered the Improvement Agreement for the portion of the off-site private street improvements designated as future improvements for Lot B as shown on recorded Tract 11428, submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, HEREBY RESOLVES as follows: 1, That said Improvement Agreement be and the same Ts approved and the Mayor is authorized to execute same on behalf of said City and the City Cterk is authorized to attest thereto; and 2. That said Improvement Security is are~ntnA a< ~_ n and sufficient, subject to approval as~ to form and content thereof by the City Attorney. ~l~ RESOLUTION N0. ~p-~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTA"IN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 ANO STREET LIGHTING MalwrcN!!!CE DISTR:Ci riOS. i AND 6 fOR TRACT 11428 NHEREAS, the City Council of the City of Ransho Cucaieonga, California, has previously foraxW a special aaintenance district pursuant to the terns 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 ataintenance district known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. I and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"i; and NNEREAS, 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 NNEREAS, at this time the City Council 1s desirous to take proceedings to annex the property described on Exhibit 'A" attached hereto and incorporated herein by this referenced to the Maintenance District; and NHEREAS, all of Lhe owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Fnainear'c "oennrf" NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of the proper as shown in Exhlblt "A' and the work prograN areas as described in Exhlblt "B' attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including a evy of all assessaronts, shall be applicable to the territory annexed hereunder. ~_ ~~~ ~. EXiNE1T •A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LIGFITMIG MAMTENANCE DISTRICT NOS. t AND 8 S/TE _..~....i.. = CNU G E PEE :._._-' ._..,~ 1a S ^ u. r... a. ~ .... ...a.hr ~n.~~~7i~. _.~.. 1. './. ~~ ~~ - \_/~ :..~ 1 ~. -~I :...... ~ .._....: ,, :'/:' d`pi' • ......... ~ ' rJ! ;~°' ~' ~....~~. _11.1 ~ ••~ ....• a ~ ~ / '~•. E .~,~~'s .if•~N', y.aat~ a .. ~ i!~':} wS ` _ / '~ ° ~~i~ f ~°.~,.~: • '~ ....._.. I .+,.~ ~~ CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OR CALIFORNIA Tjp //a2B E701IBIT 'B' PROJECT NP14E: TRACT 11428 N0. OF D.U. OR ACREAGE: 14 lots N0. OF PSSESS. UNIT: 14 units STREET LIGHTING 1AINTENANCE DISTRICT No. of Lamps *a be Annexed District No. 1 --- --- --- --- _° 6 4 ___ --- --- --- LANDSCAPE MAINTENANCE DISTRICT District No. Street Nave 3 --- JAA: 4/4/90 Turf Ground Cover Trees Sq• ft. Sp. ft. Ea. ~~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: City Council and City Nanager FROM: Russell H. Maguire, City Engineer BY: w+llie Yalbuena; Acci ctani flvil Fnainppr SUBJECT: Approval of Improvement Agreement, improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for CUP 88-38, located on the west side of Haven Avenue between Hillside Road and Carrara Street, submitted by Hillside Community Church RECOMIENDATIpI It is recowaended that the City Council adopt the attached resolutions approving CUP 88-38, accepting the subiect agreement and security, ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the Ctty Clerk to sign said agreement. ANALYSIS/BACKGROUND VV" 3, d t,`c i ^f i.a.c: ,,",.cacc Cc:.::^.r .4"':.~c ,,",c.C ~^C Carrari,Street,KinVthe Yery -Low Residential District, was approved by the Planning Commfssion on September 28, 1988, for installation of a 60' x 144' nodular building for a church classroom facility. The Developer, Hillside Community Church, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: 574,000.00 Labor and Material Bond: 537,000.00 Captes of the agreement and security are available 1n the City Clerk's Office. A letter of approval has been recetved from the Cucamonga County Nater District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respe y s `bmittled, RHM: / a~ Attachments ~~ ` RESDLUTIDN N0. 9~- J~ (p A RESOLUTION OF THE CITY CDUNCIL OF THE CITY OF RANCHO rUrAynuca ru rcroulA, APPRCYING It~RO: ~;.T Fw^^° fNEN? AND ~IMPROYENENT SECURITY FOR CONDITIONAL USE DERMIT N0. 88-38 MNEREAS, the Ctty Council of the City of Rancho Cucaaanga, iaiiferni a, nos nor its consideraci on an irAPrvreseni nyrae,iieni. aneCutei 6n April 4, 1990, by Hillside Caawunlty Church as developer, for the laryroveawrnt of public right-of-wAy adJacent to the real property specifically described therein, and generally located on the west side of Naven Avenue between Hillside Road and Carrara Street; and NHEREAS, the tnstallatlon of such taproveaw:nts, described in said Inprovesent Agreeaxnt and sub~ett to the tera~s thereof, 1s to be done in conjunction with the developaknt of said real property as referred to Planning Cosalsslon, Conditional Use perwit No. 88-38; atld MHEREAS, said Iaprovesent Agreeaant is secured and accwpanled by good and sufficient Iagroveaxnt Security, which 1s identified 1n said Iaproveaknt Agreeaa!nt. NOM, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said laprovaaent Agreenont and said isproveaxnt Security be and the saaw: are hereby approved and the MaOror 1s hereby authorized to sign said taprovea~ent Agreement on behalf of the City of Rancho Cuea~onga, and the City Clerk to attest thereto. icy RESOLUTION N0. 9O- ~`f 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERM TORY TO LANDSCAPE M111NTENANCE DISTRIGI N0. 3 lU1U STREET LIGHTING WIINTENANCE DISTRICT NOS. 1 AND 6 FOR CONDITIONAL USE PERMIT N0. 88-38 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously foraxd a special maintenance district pursuant to "" "' wR "L°"°~~~w%ro °' L:ykany ....C uF i~7e-, oetng Division L6, Part 2 of the Streets and Highways Code of Lhe State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District'); and NHEREAS, the provistons of Article 2 of Chapter 2 of the 'Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Oistrict; and NHEREAS, at this time the City Council is desirous to take proceedings to annex the property descNbed on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and NHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and herrin or filinG of an Enaineer'e "R~nnrf" 9 NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the proper as shown 1n Exhibit "A" and the wrk program areas as described in Exhibit 'B' attached hereto Lo the Maintenance District. SECTION 3: That ail future proceedings of the Maintenance District, including-LFe-levy of all assessments, shall De applicable to the territory annexed hereunder. ia3 ~~~ exweur •w• ASSESSMENT DIAGRAM LANDSCAPE MAMITENANCE DISTRICT NO. 3 STREET LKiNTMrO MAMrTENANCE DISTRICT NOS. 1 AND 6 { /T47.1 ¢Ra~e 9rReeT ~E~Cjf H 0 ~j' ~~>~ :::~:2ra a1~eLT L~4MT o-Cf 19b WMlN sirllT L14uT O TiEL. TiIL A~ NOTIO MIdW 9T Rf ETA TCee TYr6~ V~~T~ 4~DVf sT/lBT. RAbMIS A~le.rouA MAVEN AVlNJ! MA{NDL~A 4RAUOIFWQA. MAJelTK 6eAUTY CIT1f OF RANCHO CUCAMONGA w J w r w Q COUNTY OF SAN BERNARDBiO STATE OF CALIFORNIA ~LG..lL....~ EXHIBIT 'B' PROJECT NAME: CUP 88-38 N0. OF D.U. OR ACREAGE: 8.5 ac NO. OF ASSESS. UNIT: 17 units STREET LiGNTING MAINTENANCE DISTRICT No. of Laixus to be Mnexed District No. 50DC 1 --- 1 --- --- --- 6 1 --- °- --- --- LANDSCAPE MAINTENANCE DISTRICT Coiwunity Turf District No. Street Naae Equest.Trail Sq. ft. 3 Haven Avenue 7560 Sq,Ft. --- Vi eta gmya ___ --_ JAA: 4/4/90 /~ay Ground Cover Trees Sq. ft. Ea. --- 30 --- 12 :~. t4, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: Mayor, Members of the City Council and City Manager ~dDFi: Ruaseii t1. Maguire, City Engineer BY: Jce Stafa, Jr., Associate Civil Engineer e~3 . SUBJECT: Approval of a supplement to a previously approved Improvement Agreement, of Tract 13851, Located norLri of Ni':sor. Av-^ st of Deer Creek Channel, for Systems Fee Credit and Reimbursements for the Nilson Avenue Crossing Structure of Deer Creek Channel, submitted by Pacific International Development, Incorporated. RECOMMEIDATION tt is recommended that the City Council adopt the attached resolutions approving the Supplement for the previously approved Improvement Agreement of Tract No. 13851 and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BAp16R01ND Tract 13851, being a division of 38.9 acres into 61 lots, is located north of Nilson Avenue, west of Deer Creek Channel. The Tract Map, Improvement Agreement, and Security to guarantee the construction of improvements were approved by City Council on January 3, 1990. However, when staff prepared the .~,nAa.A t.~nn wnve,wn~ anwnuron~ •M nnwH nn adAwneel nn fha ioo rwaMt anA reimbursement was Inadvertently omitted. The construction of the Mil son Avenue Crossing of Deer Creek Channel was a requirement by the Planning Commission per Resolution No. 88-208 pending Lhe approvai fray City Council for the reimbursement from the City's Systems Development Fund. If City Council denies the use of the City's Systems Development Fund for reimbursement of the construction of the Deer Creek Channel, then the condition shall be valved a,nd the crossing structure would not be required to be built by the Developer. The Developer, Pacific International Development, Incorporated, is submitting a supplement to the previously approved Improvement Agreement for the construction of the improvements for the Nilson Avenue Crossing of Deer Creek Channel. There is no additional security required for this supplement. Copies of the Supplement and previously approved agreement and security are available Tn the City Clerk's Office Respe y submitted, ~--w--~ v/ ~ / R •JS_~yt-- Attachments ~,~ (p RESOLUTION N0. LJO• ~~(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SUPPLEMENT FOR THE PREVIOUSLY APPROVED 1NPR0'VENEMi iu;REEiae6'Tw T'nACT NO. 13851 NNEREAS, the Tentative Nap of Tract No. 13851, consisting of 61 lots, submitted by Pacific International Development. Incoroorated. Subdivider, located north of Nilson Avenue, west of Deer Creek Channel, has been submitted to the City of Rancho Cucamonga by said Subdivider for approval by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Finai Map of said Tract said Subdivider has offered the Improvement Agreement Supplement submitted herewith for approval and sxecution by said City. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said I~grovement Agreement Supplement be and the same is approved and the Mayor 15 authorized t0 execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said iauroveawnt. Aararmrnt 4mnl emont Tc accepted as being an addendu• to the previously approved and executed agreement, dated January 3, 1990, subJect to approval of said Supplement as to forty and content thereof by the City Attorney; and 3. That the Systems Development Fee for the protect site shall be credited to the cost of the Nilson Avenue Crossing Structure Facility of Deer Creek Channel and the Developer shall be eligible for reimbursement of costs 1n excess of said fee and that ;ystams Development r'ees be used for said eligible reimbursements; and thst said fee credit and eligible reimbursement both be and the seine are approved, subject to approval as to procedure, fona and content thereof by the City Attorney. ~d IT A" """'"" ~"'m TRACT N0. 13851 IN M CIR v f/O~O CICAIflit. WNR OF !tN a111p IN0. lftR a GLIFOWI~. tl laltla ~ ' " ~ M Y~ ~ ~ ~1 iU ~ ~ •I ~ f l l pf il I .VI l «I O~ i - pfN11M aYf «O MIGLIY..®DIK IY M Ollltll Mf M1M10I. J.A. MOtLE. ILC.f. Ible .VIAL. 19M M~ MOOLf t tlBOCit(E!. INC_ I wn A u~.~ __ I ~. H"~i°"'rt'". !L:i~': SR"ST'~'i'~'1S..y,.'. ~~"AM1 __ .~rm~wN~~. .«r i~'~ 1.-r~~>r tea. f. ~w "•w..a I 3 i • ~« a.w. . •• ~•~ _.__ _,._.. w.af N.«m. ` 1 rwf wYn' ~f~ .r ~,A~~j~~ ~~Ir"m r~x ~y f IY." TAR -n• r r , ^ xe ~~ rr I I ~'~ w ' • ~ m-- xe I y' W x. 7x ~ '~ 1 ~o- of t 2 I X ~y_ x7 ~ I i ~ V a. 1 RCSiYt f xl y b of w~rle~ 7 f M a9 as j ~ I' ~i i ~` I~ at M ~a If } 70 a7 ~ N ~! ~y / la el ax ~ ia:~::~.a Il in"+~ N«MI !«~ ~ ~ la ~yy~`` w i 7f ~ IrA"«i -- 17 q ae f - ,a ei la e 17 '• 'fix INU ~ ~ rVMw Q Ix it 10 ! i 9 b~t~ 1 ~~~.~ a ! I ~3: i 7 1 (, i ~ i /.~ ~ CITY OF RANCHO CUCAbIONGA STAFF REPORT OarF~ - Aoril 4. 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector``~~-._. SUBJECT: Approval of Improvement Agreement Extension for Tract 13270, located on the northwest corner of Church Street and Milliken Avenue, submitted by Nestern Properties RECOMMEIBIATION It is recommended that the City Council adopt the attached resolution, accepting the sub3ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement, ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantre the construction of the pubUc improvements for Tract 13270 were approved by the City Council on September 22, 1988, in the following aaxwnts. Faithful Performance Bond: (500,000 Labor and Material Bond: (250,000 The developer, Nestern Properties, is requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Cierk's Office. RespeCtfu submitted,/ Attachments /~9 Lewis Homes Management Corp. ,~ 1156 Nonh Moumain Avenue / P.O. Box 670 /Upland, California 91785 71J~985.097I FAX: 7141981-9799 March 1, 1990 - c4~ '~ yz - L <Y 1~ir. Steve Gilliland c u Q Public Works inspector ~ ~; City of Rancho Cucamonga s P.O. Box 807 y Rancho Cucamonga, CA 91730 Re: Improvement Agreement Extensions Dear Steve: Enclosed is our check in the amount of 51,004.00, which, together with the P.M. 10295 check which wasn't needed, will cover the fees for the following five agreements expiring this month. Work under the Elm Avenue agreement is complete except for street lights, which will be installed by next week, but we won't cap the street until the other side is finished, and so will need an extension. P.M.11030's required improvemenW are days from completion, but I understand there's a question on some of the median curb being substandard, so we'll ask The other three projects, Tr. 13270, Tr. 13273, and Trs. 13271/14150 (two numbers, but one project), are tied to completion of Milliken Avenue, which is done except for the median landscaping. Those plans are in the checking process and should be close to approval, as we paid for an overtime plan check, but installation may take six to eight weeks because the design is so labor intensive. As we're not certain how soon the plans will be signed, we'll ask for a six month extension to be safe. The executed extension fortes are enclosed; call me al 949.6688 it you need more information. Cordially, Lewis Homes Management Corp. Don Thompson DT/vs Enclosures I ~~ RESOLUTION N0. qp. ~~ q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROYIN6 IMPROYEMENT AGREEMENT ExTENSION AND IMPROVEMENT SECURITY FOR TRACT 13270 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has far its consideration an Improvement Agreement Extension executed on April 4, 1990, by Nestern Properties as developer, for the improvement of public right-of-nay adjacent to the real property specifically described therein. and aPnaraTiv 1~rataA ~~ rhP ner*.!!!!?cr rnrnwe ~f r_h~~rrn Street and Milliken Avenue; and NNEREAS, the installation of such improvements, described in said Improvement Agreement and subiect to the Leans Lhereof, is to be done in conjunction with the development of said Tract 13270; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, wAich is identified in said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. /31 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: - April 4, 1990 TO: Giiy Cound i and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilleland, Public Works Inspector~~~~ SUBJECT: Approval of Improvement Agreement Extension for Tract 13271, located on the northwest corner of Terra Vtsta Parkway and Milliken Avenue, submitted by Lewis Homes RECOMMEIDJITIOM It is recommended that the City Councii adopt the attached resolution, accepting the subject agreement extension and security and authorizing the MAyor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13271 were approved by the City Council on September 8, 1988, in the following amounts. Faithful Performance Bond: :885,100 Labor and Material Bond: =442,550 The developer, Lewis Nome:, is requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respect submitted, RHM~ JsjL/~~ AttaChlaPntS ~ l3 ~- Lewis Homes Management Corp. ~ 1156 NoM Momum Avenue / P.O. Box 670 / Uplaud, Glifomia 91785 7111985-0971 FAX: 7t49B1A799 ~. March 1, 1990 ~ ~^ ~ ~'^ ~' y ?~ (~ P ~~ ~ '4G Mr. Steve Gilliland Q ~ O Public Works Inrpector City of Rancho Cucamonga °s;O£ Q P.O. Box 807 G Rancho Cucamonga, CA 91730 Re: Improvement Agreement Extereiore Dear Steve: Enclosed is our check in the amount of 51,004.00, which, together with the P.M. 10295 check which warn t needed, will rnver the tees for the following five agreements expiring this month. Work under the Elm Avemre agreemrnt u complete accept for sUeet lighfa, which will be irotalled by next week, but we won't cap the street until the other aide is Snished, and so will need an extension. P.M. 11030's required improvements aro days from completion, but I undendand thereb a question on some of the median aub being subalandard, so we'll ask im .u cw~cmiuu vu tiwi, iw. The other three projects, Tr. 13270, Tr. 13273, and Tn. 13271/14150 (two numbers, but one projeM), are tied to rnmpletion of Milliken Avemte, which 'u done except for the median landscaping. Those plaro ue in the checYing proms and should be close to approval, as we paid for an overtime plan thole, but iretallation tray take aix to eight weeks because the daign is so labor intrnrive. Aa cadre riot certain how noon the plare will be signed, we'll ask for a six month aRrnsion to be safe. The acecutad-asdarriow forma are ericlaaed; call me at 9496688 it you need more information. Cordially, Lewia Home Maregement Cory. Don Thompson DT/vs Ercloaura 133 RESOLUTION N0. 91)~ r~O A RESOLUTION OF THE CITY CWNCiL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTiNSIOw' AHD iAPAOYFr~GT SEWniii FUR iwii.T 13271 NNEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an improvement Agreement Extension executed on Apr11 4, 1990, by Lewis Homes as developer, for the improvement of public right-of-way ad,~acent to the real property specifically described therein, and generally located on the northwest corner of Terra Vista Parkway and Milliken :,enue; and NHEREAS, the lnstallatian of such improvements, described in said Improvement Agreement and subfect to the tenas thereof, is to be done in conjunction wiih the development of said Tract 13271; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by goad and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Ranch Cucamonga, California hereby resolves, that said Improvement AgreemerK 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 Cierk to attest thereto. 13 `~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer eY: Steve M. fii lli land, ruoiic liui`w3 L-a;.act :^~' ~~- SUBJECT: Approval of taprovea~ent Agreement Extension for Tract 13273, located on the southeast corner of Milliken Avenue and Mountain Ytew Drive, subalitted by Nestern Properties RECONEIDATION IL is recaewended that the City Council adopt the attached resolution, accepting the subject agreeieent extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Ieproveieent Security to guarantee the construction of the public improvements for Tract 13273 were approved by the City Council on September 2, 1988, 1n the following mounts. Faithful Performance Bond: (482,000 Labor and Material Bond: f241,000 The developer, Nestern Properties, is requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Res, . submitted, R :SM~ r Attachments 3S Lewis Homes Management Corp. aA I l58 NoM Mouvum Avenue I P,O. Box b701 Opland, Cali(omia 91785 71L985~IM71 FAX: 71dr981-9799 March 1, 1990 ~°' Mr. Steve Gilliland ~~ o '~ Public Works Inspector de A C:t° .f Rarnq Cucamonga g's~ P.O. Box 807 ~ Rancho Cucamonga CA 91730 Re: Improvement Agreement Exteroioro Dear Steve: Enclosed is our check in the amount of 51,004.00, which, togeNer with the P.M. 10295 check which wasn't needed, will cover the fees for the following five agreemmU expiring Chia month. Work under the Elm Avenue agreement is complete except for street Gghu, which will be imtalled by next week, but we won't cep the street until the other aide is fuuahed, and so will need an exleruion P.M. 11030's required improvemeMa arc days Gom completion, but I understand there's a question on some o[ the median sub being substandard, so we 11 ask ivr m uicmrma uu iiuy iw. The other three projecb, Tr. 13270, Tr. 13273, and Tro.13271/14150 (two numbers, but one project), are tied to completion of Milliken Avenue, which is done except for the median Iandacrping. Thox plaro are in the checking praceu and should be clox to approval, w we paid for an overtime plan check, but installation may take six to eight weeks because the design is ao Inbor intendve. Aa we'rc not urlain how noon the pharo will be signed, we'll ask for a su month extension to be safe. The executed asxanion forms are enclaaed; call me at 949.6688 it you need more information Cordially, I.ewia Homd~-``M~'a~n-a-g-em-ent Corp. V pon Thompson DT/vs Enclosure, ' 2 RESOLUTION N0. 9p - ~5~ A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYIN6 IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13273 NHEREAS, the City Council of the C1ty of Rancho Cucamonga, California, has for its consideration an Imprcveaaant Agreement Extension executed on April 4, 1990, by Nestern Properties as developer, for the improvement of public right-of-way adJacent to the real property specifically described therein, and generally located on the southeast corner of M1111ken Avenue and Mountain Ytew Drive; a~ MHEREAS, the installation of such improvements, described in said Improvement Agreement and sub,{ect to the terms thereof, is to be done in conjunction with the development of said Tract 13273; and MHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NON, THEREFORE, Lhe City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improveracnt 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 Rnncho Cucamonga, and the City Clerk to attest thereto. 13 7 p CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: - April 4, 1940 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. 611111and, Public Works Inspecto~'~ SUBJECT: Approval of Improvement Agreement Extension for Tract 13280 Landscape, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, submitted by N1111am Lyon Company RECOMMENDATIOM It is recommended that the City Council adopt the attached resolution, accepting the subiect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Imprevement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13280 Landscape were approved Dy the City rnunrii nn Fabruary 16: 1989: in the following amounts. Faithful Performance Bond: f505,200 Labor and Material Bond: (252,600 The developer, Nilliam Lyon Company, 1s requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectf 11 bmitted, /~ i ~s-~---~G' RHM: : sfm Attachments 13$ %~ ~~7I_GIA~i L1'O~i ~~ia~rri~ 9540 ARC RIBALD, SUITE B, RANCHO CUCAMONGA. CA 91730 (71d) 980-42dd March ls[, 1990 CORRECTED COPY Mr. Steve M. Gilliland Public Works Inspector City of Rancho Cucamonga P.0. Box 807 Rancho Cucamonga, Ca. 91729 Subject: Request for extension of Improvement Agreement and list of items to be completed in Tract 13280. Dear Mr. Cilli land: The following items of landscape improvements remain to be installed on the referenced tract. A) Block walls from Baseline and Belvino west to Belvino east and Baseline. B) Block walls on both sides of the interior trail +.. ~~~~ ..c ocu uc u~uiaciiy w ueiviu~ caai. C) All perimeter landscape and irrigation per the approved plans. A1.[hough The William Lyon Company will proceed with diligence to a point of completion, we have requested a six month time extension because the tract has been sold to The Lusk Company and [hey may ask us to delay portions of the perimeter walls for their construction scheduling. The requested six month extension excludes the 180 day maintenance period. Should you need additional information please contact me at 980-2244. ::^spocttu' ly, Chris~Meissen Assistant Project Manager DJ:sn enc 1 s . /~~ REAL E5TATE DEVELOPMENT RESOLUTION ND. 9O - ~-`j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOKGA, CALIFORNIA, APPROVING IMPROYEMENT AGREEMENT EniEN$iuN i.iiD iKFnO:'c~c~T $E~uniTT FuFa iRACi 132W LANDSCAPE WHEREAS, the City Council of the City of Rancho Cucaaanga, California, has for its consideration an laDrovenent Aareea~ent Extension executed on April 4, 1990, by N111taai Lyon CoagaRy as developer, for the taproveoient of public right-of-wary ad,~acent to the real property specifically described therein, and generally located on the north side of Base Ltne Road between Milliken Avenue and Rochester Avenue; and WHEREAS, the installation of such iaproveaients, described in said Inq~rovement Agreeuent and sub,~ect to the terws thereof, is to be done in con,~unction with the developa~ent of said Tract 13280 Landscape; and WHEREAS, said I~prorewent Agreeaw:nt Extension is secured and accowpaMed by good and sufficient Iiaprovenent Security, which is identified in said Iaproveiaent Agreesxnt Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucaaxwtga, California hereby resolves, that said Ixgrove~ent Agreeaent Extension and said Iwprovement Security be and the sane are hereby approved and the Mayor is hereby authorized to sign said Iaq~roveaent Agreerent Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. / J~ aC 1, CATS: T0: FROM: BY: SUBJECT: April 4, i99U CITY OF RANCHO CUCAMONGA STAFF REPORT City Council and City Manager Russell R. Maautrn. Ci rv c..,.t..ve. Steve M. Gilliland, Public Norks InspectoC~'~ ~' .J L,.i i Approval of Improvement Agreement Extension for Tract !3281 Landscape, located on the northwest corner of Base Line Road and Rochester Avenue, submitted by Nilliam !,yon Compagyr RECOMIEIMTION It is recoanended Lhat the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mdyor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and improvement Security to guarantee the construction of the public improvements for Tract 13281 Landscape were approved 6y the City Council on February 16, 1989, Tn Lhe following amounts. Faithful Performance Bond: (401,100 Labor and Naterlal Bond: =200,550 The developer, N1111am Lyon Compagy, 15 requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectf submitted, R m Attachments .%~~~~'ILLI:I~I LYOV~~rr~iir~ 8540 ARC RIBALD. SURE B. RANCHO CUCAMONGA. CA 9V30 1714) 980-Y2a4 March 1st, 1990 Public~Works Inspector City of Rancho Cucamonga P.0. Box 807 CORRECTED COPY Rancho Cucamonga, Ca. 91729 Subject: Request for extension of Improvement Agreement and List of items to be completed in Tract 13281. Dear Mr. Gilliland: The following items of landscape improvements remain to be installed on the referenced tract. A) Block wall along the Southern Pacific Railroad R/W from the NW'ly tract corner to the NE'ly tract corner at Rochester Avenue. B) Block wall along the westerly side of Rochester from SPAR to Baseline. C) ALock wall northerly along Belvino from Baseline, and on the westerly tract boundary from Belvino to the SPAR R/W. D) All perimeter landscape and irrigation per the approved plans for tract 13281 and the park site. Although The William Lyon Company will proceed with diligence to a point of completion, we have requested a six month time extension because the tract has been sold to Covington Homes, So. Calif. and they may ask us to delay portions of the perimeter walls for their construction scheduling. The requested six month extension excludes the required 180 day maintenance period. Shuuid you need addiconal information please contact me et 980-2244. Respectfully, Chri~ Meiss urg Assistant Proj Manager DJ:sn ~~ ` end s . ~i' REAL ESTATE DEV EIOPMENT RESOLUTION N0. -/L~ ^ ~ 5..7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCwjgNCk, CALIFw}F+IA, A"PROVING i,~iRO'rEtiENi iwREEnEwT EXTENSION AND IMVROYENENT SECURITY FOR TRACT 13281 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on April 4, 1990, by Nilliam Lyon Company as developer, for the improvement of public right-of-way adJacent to the real property specifically described therein, and generally located on the northwest corner of Base Line Road and Rochester Avenue; and NHEREAS, the installation of such Improvements, described in said Improvement Agreement and suDJect to the teases thereof, is to be done 1n conJunction with the development of said Tract 13281; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreeaw:nt Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and Lhe City Clerk to attest thereto. ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Mprll 4, lY9D T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8Y: Steve M. Gilliland, Public Works Inspect~~ SUBJECT: Approval of Iaprovement Agreea~ent Extension for Tract 13444, located on the south side of Fairmont May between MiilTken Avenue and Kenyon May, subsitted by Minima Lyon Caapany RECOMMENDATION It Ts recomaended that the City Council adopt the attached resolution, accepting the subiect agreea~ent extension and security and authorising the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improveaw:nt Security to guarantee the construction of the public iagrovemonts for Tract 13444 were approved by the City Council on November 19, 1987, in the following amounts. Faithful Perfonwnce Band: 5506.125 Labor and Material Bond: =253,063 The developer, Nilliawt Lyon Caagany, 1s requesting approvai of a 9-month extension on said improvement agreement. Copies of the Improveaw:nt Agreement Extension are available in the City Clerk's Office. Respectfull upmitted, ~~ Attachments ./~~~'ILLL~v1 Lti0\~~i~r~an~r BSdO ARCHIBALD, SUITE 8. RANCHO CUCAMONGA. CA 91730 bldl 980-24d4 March 12, 1990 Steve (:i 11 hand Engineering DepartmenC City of Rancho Cucamonga P.O. Box 8U7 Rancho Cucamonga, Ca. 91730 RE: Tract 13444 Dear Steve Transmitted herewith is the executed Extension for Improvement Agreement for Tract 13444 and a check for this extension in the amount of $251.00. Tract 13444 was sold to two merchant builders, Rhoades Development who has 56 lots and Pule Hnme Corporation who has 120 lots making a total of 176 lots in [his tract. We are requesting a 9 months extension so Pulte Home Corporation can complete their improvements per the attached letter. It is our understanding that Rhoades Development has completed all of their improvements. Please contact myself or Robert Craig at Pu1Ce Home Corporation if we can provide further information to assist you in processing this extension. Respectfully, ~~~ Shari Newman Pro3ect Management Assistant Inland Empire Division end s . fu~ RE AL ESTATE DEVELOPMENT Pulte Home Corporation nak s )sso RECEP';c;: Shari Newman William Lyon Development Company 8540 Archibald, Suite B Rancho Cucamonga, CA 91730 RE: Tr. 13444 Pageantry Improvement Schedule Dear Shari, Per your request, please find our latest progress status and schedule as of this date for the above referenced project. 1) 120 Total Lote 2) 93 Permits Pulled 3) 41 Homes Closed 4) Estimate Build-Out is Projected for 12/90 5) Improvements: streets: a) Base course (Complete) b) Phase 1 CAP 5/90, Phase 2 CAP 12/90 c) sidewalk in Progress with Construction Water/sewer (complete) Storm Drain (Complete) Joint Trench (Complete) Gas (Complete) Greenbelts: 180 Day Maintenance Period is Complete Estimate City Final Approval and Acceptance 4/90 Should you require any additional information, please donut hesitate to call. Very truly yours, PUL1'E NOME CORPORATION Robert Craiq OPf-91te Construction Manager RMC/eja /~ RESOLUTION N0. 9~ - ~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13444 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension PY Pf IITPd en Aori1 4: 1990, by Wilitam Lvon Coeoanv as developer, for the improvement of public right-of-wAy adJacent to the real property specifically described therein, and generally located on the south side of Fairmont Way between Milliken Avenue and Kenyon WqY; and NHEREAS, the installation of such improvements, described Tn sold Improvement Agreement and subiect to the terms thereof, is to be done in con,iunction with the development of said Tract 13444; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Imprevement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Agreement Extension on behalf of the Ctty of Rancho Cucamonga, and the City Clerk to attest thercta. I CITY OF RANCHO CUCAMONGA STAFF REPORT DATFt 4nril ?, '940 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Steve M. Gilliland, Public Mork; L-~spector SU&IECT: Approval of Iaprovealent Agreelaent Extension for Tract 13753 Landscape, located on the north side of Base Line Road between Milliken Avenue and Rochester Avenue, subaitted by Mi111aa Lyon Conpany RECONEMDATIOM It is recoa~ended that the City Council adopt the attached resolution, accepting the sub,~ect agreealent extension and security and authorizing the Mayor and City Clerk to sign said agreeoent. ANALYSISiBACKGROUND Iaprovealent Agreea>ent and tsprovea~ent Security to guarantee the construction of tha m,hl it ia,nmvaawnfe fnr Tram 147F7 1 anAcrana wro annmvoA by tha Nw Council~an February 16, 1989, in the fotloring aoounts. faithful Perforawnce Bond: f225,7011 Labor and Material Bond: f112,850 The developer, M1111a1a Lyon Coepany, is requesting approval of a 6 aanth extension on said laprovealent agreelaent. Copies of the Iagrovea>ent Agreealent Extension are available in the City Clerk's Office. Resp fu ` ubaoitted, P RNM G:dlw Attachaents ~~~ ..~~ ~~'ILLIA~I LTO~ ~~i»~o~~ 8540 ARCHIBALD. SUITE B, RANCHO CUCAMONGA. CA 91730 (71d) 9R0-22d4 March 1st, 1990 CORR6CTF.D COPY M.- Ct n..n M Cillil~nA Public Works Inspector City of Rancho Cucamonga P.0. Box 807 Rancho Cucamonga, Ca. 91729 Subject: Request for extension of Improvement Agreement and List of items to 6e completed in Tract 13753. Dear Mr. Gilliland: The following items of landscape improvemznts remain Co be installed on the referenced tract. A) Block wall along the Southern Pacific Railroad R/W from the NE'Ly corner of lot #13U to the NE'ly corner of the tract. .. .. ~ .... _ h ,.., ..,,~ tract along the westerly`side of Kenyon Way. C) All perimeter landscape and irrigation per the approved plans. Although The William Lyon Company will proceed with diligence to a point of completion, we have requested a six month time extension because the tract has been sold to the Pennhill Company and they may ask us to delay portions of the perimeter walls for their construction scheduling. The requested six month extension excludes the required 180 day maintenance period. Should you need additional information please contact me at 980-2244. Respectfu/l/l~y~, Chri~ ~ iss urg Assistant Projec Manager DJ:sn n encls. ~ I I REAL ESTATE DEVELOPMENT RESOLUTION N0. ~Q - ~ 5 .r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IlPROVEMENT SECURITY FOR TRACT 13753 LANDSCAPE NHEREAS, the City Council of the City of Rancho Cucamon a, California, has for its consideration an Improvement Agreement Extension executed on April 4, 1990, by N1111am Lyon Company as developer, for the improvement of oublic rioht-of-way adiacent to the real property specifically described therein, and generally located on the north side of Base Ltne Roaa between Milliken Avenue and Rochester Avenue; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subJect to the terra thereof, is to be done in conjunction with Lhe development of said Tract 13753; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified 1n said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreemont Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 5 (a :i . °~ rrmv nc n w unvn nt rn a vnur_ n STAFF REPORT GATE: April 4, 1990 ~,.., Tu: ,~~ Council an C.tY ..."aver FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, public Morks InspectorL~~._ Suo,;ECT: Approval of Improvement Agreement Extension for parcel Map 10295, located on Elm Avenue between Spruce Avenue and Church Street, submitted by Lewis Homes RECOMMENDATION It Ts recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel MoD 10295 were approved by the City Council on February 16, 1989, 1n the Pollowing amounts. Faithful Performance Bond: 5143,000 Labor and Material Bond: f 71,500 The developer, Lewis Homes, is requesting approval of a 4-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Cierk's Office. Respecif y,submltted, R :s AtEachaents ~~ / LEWIS HOMES OF CALIFORNIA NSb NaM N/oiY9okl AMMM / 0.0.lOk 670 / Vpland CA V17lb / 7U 9lS/N71 Fcbrnary ...,. City of Rancho Cucamonga Engineering Division aox 807 Rancho Cucamonga, CA 91730 Attn: Steve Gilliland Re: Improvement Agreement Extension - P.M. 10295 Gentlemen: Enclosed is our check in payment of the $251.00 fee, together with the executed extension agreement ir. triplicate. We prepared the agreement for a one-year term, although we hope to complete all the requirements earlier. Most of the street and signal work is done, but we just this week submitted the Milliken median landscape plans for check. Call me at 9a9-6688 if you have any questions. Sincerely, LEWIS HOMES OF CALIFORNIA e2 .~ ~ P!' Donal~ ~ mp~ FE8 7 x'990 . Authorized Agent ~ ~~ o f RANGNO G UONMON ENGINEERIN GA G DIVIS DMT:sd ION Enclosures ~.a.u..+r y~¢..i o.~--~ 12E-~~~~ I ~~ RESOLUTION N0. ~~- A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMON6A, CALIfORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10295 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an improvement Agreement Extension executed on April 4, 1990, by Lewis Hones as developer, for the improvement of public right-of-way a6~acent to the real property specifically described therein, and generally located on Elm Avenue between Spruce Avenue and Church Street; and NHEREAS, the lnstallatlon of such improvements, described in said Improvement Agreement and subiect to the terms thereof, is to be done in coniunction with the development of said Parcel Map 10295; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby aDProved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ~~ (53 ~. ay DATE: - April 4, 1990 CITY OF RANCHO CUCAMONGA STAFF REPORT T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY; Steve M. Gilliland, Public Norks Inspector SUBJECT: Approval of Improvement Agreement Extension for Parcel Map 11030, located on the northeast corner of Foothill Boulevard and Haven Avenue, submitted by Lewis Development Company RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the subiect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKBROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Msp 11030 were approved by the City Council on March 2, 1989, 1n the following amounts. Faithful Performance Bond: ;2,597,759 Labor and Material Bond: 51,298,879 The developer, Lewis Development Company, 1s requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respect it ltted, sim ~~ ,. i Attachments Lewis Homes Management Corp. ,~ 1156 4or4i Mountain Avenue / P.O. Box 6i0/ Uphill, Cali(omia 91785 71ai985~09]I FAX: 71</9a 1-9799 Mp.~l. 1 70011 - ,..~ ;p ~ {/~a~ Mr. Steve Gilliland q°c~ ~ Q '~ Public Works Inspector ~ 5c Q City of Rancho Cucamonga =. ° P.O. Box 807 Rancho Cucamonga, CA 91730 Re: Improvement Agreement Exlensiom Dear Steve: Enclosed is our check in the amount o[ 51,004.00, which, together with the P.M. 10295 check which wasn't needed, will cover the fee for the following five agreements expiring this month. Work under the Elm Avenue agreement is complete except for street lights, which will be installed by next week, but we won t cap the street until the other side is finished, and so will need an exterion. P.M. 11030's «qutred improvements are days from completion, but I understand there's a question on some of the median curb being substandard, so we'll ask for an extersion on that, too. The other three projects, Tr. 13270, Tr. 13273, and Tro.13271/ 14150 (two numbers, but one project), are lied to completion of Milliken Avenue, which is done except for the median landsrsping. Those plain are in the checking process and should be close to approval, as we paid for an overtime plan check, but installation may take su to eight weeks because the design is so labor intemive. As we'rc mt certain how soon the pluu will be signed, we'll ask for a six month extension to be safe. The executed satenion forms ere enclosed; call me at 949-6688 it you need more information Cordially, Lewis Homa Management Coop. Donon Th~ DT/vs Enclosure ~~~ RESOLUTION N0. 9O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EYTFNSTON ANO iMDROVEMENT SECURITY FOR DGRr.Fl MAP 1103!) NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on April 4, 1990, by Lewis Development Company as developer, for the Tmprovement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Foothill Boulevard and Haven Avenue; and NHEREAS, the Installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to 6e done in conJunctlon with the development of said Parcel Map 11030; and NHEREAS, said Improvement Agreement Extension is secured and accompaMed by good and sufficient Improvement Seturlty, which is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. n rimy nx+ u e urun rr rr a eanur_ e STAFF REPORT DATE: April 4, 1990 ~ 1 T0: City Council and City Manager , FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Fublic Norks Inspec, SUBJECT: Release of Bonds and wotice of ftin7nH nn ~ RECOMIENDATIOM: The required street {iyroveaw:nts for Tract 12870 Stores Drain have been caaWleted in an acceptable wooer, and it is recoanended that City Council accept said iaprovea~ents, accept the Maintenance Guarantee Bond in the amount of f77,400.00, authorize the City Engineer to file a Notice of Coapletion and authorize the City Clerk to release the Faithful Perforwnce Bond in the aarount of (774,000.00 BACKGROUND/ANALYSIS Tract 12870 Story Drain - located on the rrorth side of Highland Avenue between East Avenue and Etlwanda Avenue DEVELOPER: Daly Haines 9035 Haven Avenue, Ste. 102 Rancho Cucangnga, CA 91730 Accept: Release: Maintenance Guarantee Bond (Street) f77,400.00 Faithful Perforwnce Bond (Street) (774,000.00 Res a /~ subrwitted, ~ % i i i~ i /~~ ~_~ R :s,l^ AttachMent 157 RESOLUTION N0. ~~' ( ~p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12870 STORM DRAIN AND AUTHORIZING THE FILING OF A NnT1CE K COt~C'LETION FuR THE NfiRK NHEREAS, the construction of pubiic !mproveaA;nts for Tract 12870 Storm Drain have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notice of Completion is reQulred to be flied, certifying the work complete. NON, THEREFORE, the City Council of the Ctty of Rancho Cucamongga hereby resolves, that the work is hereby accepted aM the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of Sa.~ Bernardino County. I~ y'(F 3~. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: - City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Stere M. 611111and, Public Morks Inspector~.Y SUBJECT: Release of !a±in*~nance Bond for Traci 13059, located on the north side of Fairawnt Avenue beLNeen Highland Avenue and Rase Line Road RECOMMEIDATIOM: It is recoaa~ended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The required one year A,alntertance period has ended and the street iaprovenents regain free fraa defects in arterials and rrorkaianship. DEVELOPER: Y1111aa1 t,yon Caapany 8510 Archibald Avenue Rancho Cucaapnga, CA 41730 Release: Maintenance Guarantee Bond (Street) 550,000.00 Respect udattted, r ~'-_'~--~~_ R CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SURu'cCT[ April 4, 1990 (1 City Council and City Manager U ~ Russell H. Maguire, City Engineer Steve M. Gilliland, Public Works Inspector~~}... Release nP Me'::!~na.*.ce ?^nd `o: Tratt 1319"e, ioeated on ine north side of Terra Vista Parkway, east of Spruce Avenue RECOMIEMOATIOIi: It is recoaa~onded that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The required one year aaintenance period has ended and the street taiproveaients reauin free frog defects in a~aterials and workabnshlp. DEYELOPER: Lewis Haaks Post Office Box 670 UD1and, CA 91785 Release: Maintenance Guarantee Bond (Street) 515,8W.00 Respectfully sub~aitted, R~ ^ r ~. ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 TO: ~iir Cuuacii and City Manager FROM: Russell H. Maguire, City Engineer BY; Mirbasi n --~a, ~~~~G~ Dui: iiv wises insyc.Lur lima SUBJECT: Accept the Alta law Stotsf Drain (A. D. 84-21, Contract No. 89-025 improvewnts as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". RELOMIEMDATION It is recommended Lhat City Council accept the Alta Law Storm Drain (A.D. 84-21, Contract No. 89-025, as complete, authorize the City to file a "Notice of Completion, authorize the release of the Faithful Perforwnce Bond in the amount of f226,993.00, and accept the lOf Maintenance Bond in the amount oP (23,482,36 for one year, and authorize the release of the retention in the amount of (11,890.41 aM the Labor and Materials Band 1n the amount of ;226,993.00 35 days after the recordation of said notice 1f no claims have been received. Also, approve the final contract amount of (234,823.60. BACKGROUND/ANALYSIS The subject pro,{ect has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount 1s ;234,823.60 which includes 3 contract change orders for compensation caused Dy utility delays, and additional site cleanup. The original amount approved by council was 5226,993.00. Respectf jubmltted, /~ ~~ ~ ~ Attachment ~~Pi/ RESOLUTION N0. 9~, / alR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CIICAMnN&A, CALtcncNtl, argrprfpc TWC PU8! ~C :!°ROYElWN*$ FOR ALTA LOMI1 STORM DRAIN (A.D. 84-2), CONTRACT N0. 89- 025 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NNEREAS, the cons*.ructicr. of public i:ywvewenis for Aisa Lora Stores Orain (A.D. 84-2), Contract No. 89-025 have been coegleted to the satisfaction of the City Engineer; and NNEREAS, a Notice of Coa~pletion is required to be filed, certifying the work coeplete. NOW, THEREFORE, the City Council of the City of Rancho Cucaeanga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Ca~pletlon with the County Recorder of San Bernardino County. Wow r.. CITY OF RANCHO CUCAMONGA STAFF REPORT ~~ DATE: April 4, 1990 TO: Ma r and Members of the City Council F •l. load a!!11e~ r;t~ of _....__ BY Nancy Fong, Senior Planner SU JEC T: FOOTHILL BOULEVAflO SPEf.t FTt DI AN AMENDMENT 90-01 - CITY OF I R NCHO CUCAMON - A request to amend the Foothill Boulevard Specific Plan 6y adding pharmacy use in the Specialty Comme rc iai District of Subareas 1, 2, and 3; clarifying the intent of Nord ings in several areas of the Specific Plan text for cans is tency purposes; clarifying the Development District and standards for the area at the end of San Bernardino Road in Subarea 2; and modifying the plant palette for the Foothill Boulevard iandscaped median island. (CONTINUED TO APRIL 18, 1990) This item is continued Lc the April 18, 1990 City Council meeting in order to properly notice the public hearing. BB:NF:sp l 6-3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: Mayor and Members of the City Council ; _ y~ FROM: ~ n"a2 ?;;"er, C. iy 7ianner ~ ,~ BY: Nancy Fong, Senior Planner SUBJECT: AN AMENDMENT TO ENTERTAINMENT_ PERMIT ORDINANCE N0. 290 - CITY OF RANCHO CUCAMONGA - An amendment to Chapter 5.12 of the Municipal Cade modifying regulations for entertainment permits. RECOhP1ENDATION: Staff recommends that the City Council support the recommendation of Lhe Planning Cammiss ion and adopt the attached Ordinance amending the regulations for entertainment permits. BACKGROUND: The City Council adopted Ordinance No. 290 in November of 1986 to require permits to operate a business with live entertainment. Applicants must submit detailed information concerning the nature of the proposed entertainment and the persons responsible for management. The review process for an Entertainment Permit is very similar to a Conditional Use Permit; the Commission must hold a public hearing and may conditionally approve the permit. Approximately six Entertainment Permits have been reviewed and approved by the Planning Commission. ANALYSIS: Section 5.12.110 would require the City to process a new permit each year. This means that tho Plann sng remmiSCior ;;,,~ Cu rev iew ana approve every Entertainment Permit each year. The intent was to give the City the ability to review each permit annually to see if any of the information listed in the application has changed during the past year that would warrant changes to the approval or specific conditions of approval. Staff believes that the annual renewal application can best he achieved through an admfnistra tive review process, with review by the Planning Commission if there are changes. Staff recommends that new language be inserted which establishes a staff review of the annual renewal application to determine if a modification to the Entertainment Permit is needed. If so, the matter would then be referred up to the Planning Commission with a detailed staff report addressing the changes in the application. This process was used recently on the Polo Grounds Entertainment Permit. "neap Ily 5 ed Bra Bu er City nner BB:NF:sp Attachments: Exhibit "A" - Existing Entertainment Ordinance lD 010--5.12.030 Chapter 5.12 REGNLATION OF ENTERTAINMENT Sections: 5.12.010 Permit required. 5'.12.020 Entertainment defined. 5.12.030 Exclusions. 5.12.040 Application for permit. 5.12.050 Investigation and hearing. 5.12.060 Notice of hearing. 5.12.070 Action at hearing. 5.12.080 .Denial of application. 5.12.090 Conditions imposed on permit. 5.12.100 Suspension or revocation of permit. 5.12.110 Fees. 5.12.120 Time for filing application. 5.12.130 Security guard required at dances. 5.12.140 Chapter to govern. 5.12.150 Prohibition and penalties. >.12.160 Civil remedies available. 5.12.010 Permit required. No person oz business entity shall operate, confluc t, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and whe ze any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chanter m.a oon ~,,..__., 5.12.020 Entertainment defined. "Entertainment" means every form of live entertainment, music, solo band or or- chestra, act, play, burlesque show, fashion show, review, pantomine, scene, song or dance, act or song, and dance act, oz any other act or performance participated in by one or more persons for the purpose of holding the attention of, gaining the attention and interest of, diverting or amusing guests or patrons. (Ord. 290 S1lpartl, 19861. 5.12.030 Exclusions. The provisions of this chapter shall not be deemed to require a permit for the following: A. For the use of a radio or other glee tropical play- back device in eny establishment, except when utilized by an announcer ar "disc jockey" who at any time provides any Eo rm of vocal entertainment, including the announcing of song titles or artiste' names in conjunction therewith; a. For any entertainment provided for members and their guests at a private club where admiaalon is not open to the public; 90-1 (Rancho Cucamonga /(v-5 11/86) ~ ~ ~XHi~I7 "~ s.lz.o4D C. For entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground; D. Fcr entertainment conducted by or sponsored by any bona fide club, society or association, organized or incor- porated for Gene volent, charitable, dramat3r r,. i;«o.~T~ r'~r e~===r i,ev ing an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society or association; E. For entertainment p-c!•?dad ^-,sly t:y d piano player or harpist playing music for the amusement of guests or patrons of an establishment; F. For entertainment conducted solely on or at any premises or location which is owned or operated 6y, or lea std by, to or from the United States, state of Cali- fornia, county of San Bernardino, or any agency or subdivi- sion thereof. (Ord. 290 §llpart), 1986). 5.12.040 Application for permit. Applicants for entertainment permlts shall file a written, signed and verified application with the city manager, or his designee, showing: A. The name and permanent address of applicant; 8. The name, proposed and current, if any, business address of the applicant. If the applicant is a corpora- tion, the name shall be exactly as set forth in its articles of incorporation and the applicant shall show the name and residence address of each of the officers, directors, and narti efnr4hn,an. ^~'^ing nct lc -, L=.. ~.m,cy-clue percent of the stock of the corporation. JIf the applicant is a part- nership, the application shall show the names and residence addresses of each of the members, including limited part- ners; C. A detailed description of the proposed entertain- ment, including type of entertainment, number of persons engaged in the entertainment, and any Further information about the entertainment or entertainers, as the city manager may deem necessary; D. The date, hours and location where the entertain- ment is proposed to be conducted, and the admission Eee, if any, to be charged; E. The name or names of the person or pesons respon- sible for the management or supervision or applicant's business and of any entertainment; F. A statement of the nature and character of appli- cant's business, if any, to be carried on in conjunction with such entertainment, including whether or not alcohol will be served as part of such business; G. Whether or not the applicant or any person or per- sons responsible for the management or supervision of (Rancho Cucamonga 90-2 11/861 l~4 ~x+~-~~~r ~~,a "L 050--5.12.080 j applicant's business have been, within the previous ten years, convicted of a crime, the nature of such offense, and the sentence received therefor including conditions of parole or probation, if any; H. Whether or not applicant has ever had any permit or license issued in conjunction with the sale of alcohol or ^""'i'i.-`, ~-°ter ~ai:ime„t revoked, incluoing the date theieof and name of the revoking agency; I. Such other reasonable information as the city manager, or designee, may deem necessary. (Ord. 290 Sllpart), 1986). 5.12.050 Invea tigation and hearing. After the appli- cation for an entertainment permit has been filed, the city manager shall cause an investigation to be made of such application, and after such investigation has been completed he shall cause the application to be set for hearing before the planning commission and shall notify the applicant of the date o£ such hearing. (Ord. 290 Sllpartl, 19861. 5.12.060 Notice of hearing. After the city manager has set the application for hearing, he shall cause notice of the hearing to be given to all property owners within three hundred feet of the proposed or actual location of the applicant's business. Far the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equal- ized assessment roll. Additionally, the city mannger shall cause a public notice to be posted at the location where the business or entertainment is to be conducted. All notices provided for in this section shall be in the c,..m a~a .._ as prescribed by [he city manager. The applicant shall bear all costs and expenses in mailing, printing, and posting such notices and shall pay such costs to the city prior to the time set for public hearing on the pending application. Failure to pay such costs by the applicant shall be grounds to deny his application. (Ord. 290 Sllpartl, 1986). 5.12.070 Action at hearing. At the time and place set for public hearing as to any application, and as may be continued from day to day, the planning commission shall hear and determine all the facia and evidence relevant to the applicant and supervisory employees, as well as the entertainment proposed, including, the nature and location of the proposed entertainment. (Ord. 290 S1(partl, 19861. 5.12.080 Denial of a location. At the conclusion of the hearing efore the p anninq commission, the planning commission shall grant, conditionally grans, or deny the application, which decision shall be final unless appealed in accordance with the provisions of Section 17.02.0808 of the Rancho Cucamonga Municipal Code. Such decision shall ba 90-3 (Rancho Cucamonga / ~ ~ 11/86) E X4~H B ~ T "A '=3 5.12.090--5.12.100 i set forth in a resolution which shall be adopted aithin thirty days after sv ch decision is rendered. The planning commission may deny said application if it shall find and determine any of the following: A. The conduct of the establishment oz the granting of the application would be contrary to the public health, sarety, morals or welfare; or B. Th;e premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or C. The applicant or any other person associated with him as princigal oz partner, or in a position or capacity n...,l of ..~ ... _~t:,~ ,_,~ «„«at ....,,trcl .. ~a conduct of the business for which such permit is sought~to be issued, has been convicted in any court of competent jurisdiction o£ any offense involving the presentation, exhibition oz perform- ance of any obscene show of any kind, or of a felony or of any crime involving moral turpitude, or has had any approv- al, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or D. That granting the app Lieation would create a public ru isance; or E. That the normal operation of the premises would interfere with the peace and guise of any surrounding res- idential neighborhood; or F. The applicant has made any false, misleading or fraudulent statement of material fact in the required appli- cation. (Ord. 290 S1(parti, 19861. 5.12.090 Conditions imposed on permit. After the .. ~,: _ "-- .•.y oe w auy a(,p ucatlon, the planning commis- sion in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate. (Ord. 290 S1(partl, 19861. 5.12.100 Sus enaion or revocation of ermit. A. After notice and hearlnq, the p arming Comm asion may sus- pend or revoke any permit granted pursuant to this chapter if said commission finds and determines that any permittee, his agent or employee, or any person connected or associated with the permittee as partner, director, officer, general manager, or other person who is exercising managerial au- thority of, or on behalf of, the permittee or any enter- tainer acting under the authority of such permit: 1. Made any false, misleading or fraudulent state- ment cf a material fact in the application for permit, or any report or record required to be filed pursuant to this chapter; or 2. Violated any provision of this chapter, or of any statute, ordinance, or condition relating to hit permit- ted activity; or (Aeneho Cucamonga 90-4 11/86) 108 ~XNr~(T"A='9 110--5.12.140 3. Is convicted of a felony, or any crime involving moral turpituder or 4. Violated any rules, regulations or conditions adopted by the planning commission or city council relating to the permittee's business or permit; oz b. Conducted a oerm ittod hnq'^.e as i.^. a ma:ner con- L.acy to the peace, health, safety and general welfare of the public; or 6. Demonstza Led that he/she is unfit to be trusted with the privileges granted by such a permit. R. The 3ecis ion of the planning cominisaion snail be set forth in a resolution which ana 11 .. ~cptsfl :: - thirty days of the date of such decision and shall~he final unless appealed in accordance with the provisions of Section 17.02.0800 of the Rancho Cucamonga Municipal Code. (Ord. 290 51(partl, 1986). 5.12.110 Fees. The fee for an entertainment permit shall be seventy-five dollars, payable annually on or before January 1st of each and every year. Such permit shall be in addition to any business license fee as may be required by the business license Law of the city. However, fot the year 1986, the fee Eor an entertainment permit shall be the sum of forty dollars payable upon submission of an application. (Ord. 290 Sllpart), 19861. 5.12.120 Time for film a lication. All persons who will be presently require to file or and obtain an enter- tainment permit by reason of the provisions of this chapter shall have to and including November 1, 1986, within which ~^ '_': t`.c it arrll..o uwua fur an entertainment permit with the city manager. (Ord. 290 51(part), 1986). 5.12.130 Sec urit vard re fired at dances. All persons conducting a publ c once or any entertainment where dancing by patrons or customers is permitted, shall have in attendance at the premises for the purpose of supervising the dancing and the conduct of ell paizons and customers, a duly licensed and uniformed amcurity guard at all Limas such dancing is permitted or allowed. However, the provisions of this aaetion shell apply only to chose establishments or premises where a dance floor or dance arse in exeeae oP one hundred fifty square fees is available or designated for dancing by customers or patrons. (Ord. 290 $1(part), 1986). 5.12.140 Cha ter to ova rn. All provisions of this title which are inconsistent w th or contrary to the pro- visions of this chapter are repealed to the extent such provisions are inconsistent with or contrary to the pro- visions of this chapter. (Ord. 290 S1(pnrt), 1986). 90-5 (Rancho Cucamonga /~~ 11,96) E?4f i 8 ~T r~- 5 5.12.150--5.12.160 5.12.150 Prohibition and enalties. A. Tt is unlaw- ful for any person, f rm, partners Lp or corporation to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partner- ship, or corporation violating any provision of this chapter or failing to~comply with any of its requirements shall be 'seem^'! 7~11~^ ^f an iafrl~ _.. a1d. II~CC C~-..~ti 31i .i:eL2ui shall be puryishab le as follows: 1. A fine not exceeding one hundred dollars for a tirst violation; 2, A fine not exceedi nq two hundred dollars for a second violation of the same ordinance within one year; 3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. B. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, con- tinued or permitted by such person, firm, partnership, or corporation and shall be deemed punishable therefor as provided in this chapter. C. The provisions of this chapter shall not be con- strued as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable pro- visions of law. ford. 290 Slfpartl, 19861. 5.12.160 Civil remedies available. A violation of any of the provisions o this chapter sha constitute a nui- sance and may be abated by the city through civil process by .._ _ -cs ,.- ,.L,y Truer, pre uminary or permanent injunc- tion^oz in anyyother manner provided by law for the abate- ment of such nuisance. (Ord. 290 S1(partl, 1986). (Nancho Cucamonga 90-6 11/86) ' ~~ ~ X H / F317''A--lo ORDINANCE N0.~gQ-R AN ORDi NANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO LUCAMONGA, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.12 OF THE RANCHO Cllr, AmnHCA MnN IC 1PAL C00: TO ~tGGi F'r REGULAl10NS CONCERNING ENTERTAINMENT PERMITS. Th^ City Council of the City of Rancho Cucamonga does ordain as foilows: SECTION 1: Section 5.12.115 is added to Chapter 5.12 to read as follows: 5.12.115 - Annual Renewal. The applicant for every renewal of an entertainment permit shall submit to the City Manager, or h15 designee, a written statement setting forth such information concerning the applicant's business during the preceding year as may be required by the City Manager to enable him to ascertain whether the information listed on their orfginal entertainment permit application has changed in the past year. The Lity Manager, or his designee, shall review said information and determine if a modification to the entertainment permit is warranted. The Planning Commission shall review any such madifica Lion pursuant to the provisions of this chapter. SECTION Z: This Council finds that this amendment is exempted from the requirements of the California Environmental Quality att of 1970, as amended, artd the Guidelines promulgated thereunder pursuant rn Corr;r,n rsncr ,~ -~ ~~~~~•~~~ ~ ~i Tiiie i4 or ine California Code of Regulatf ons. r7i ... CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Brett Horner, Associate Planner SUBJECT: MEDIAN OPENINGS AND LANDSCAPING KITH IN MEDIANS IN THE TERRA V tST PLANNED C MMUNI Y - n appeal of the Planning Commiss on s dec iston to deny a median opening on Church Street between Nest Elm Avenue and Spruce Avenue. RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission's decision and deny the applicant's appeal to allow Lfie median opening. This actton may be made by minute action. STATUS: This item was continued, at the applicant's request, from the Ma rth 21. 1990 Citv Cmmrtl month nr ate"~~,on tt tye ct_sf o,.~.,rt f_c March 21, 1990, which outlines this appeal. Resp ally sub ted Bra er City anner BB:BN/,{fs Attachments: Exhibit "A" - City Council Staff Report dated March 21. 1990 ~ ( ~' ~, '`s~:. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: March 21, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Brett Horner, Associate P?arrer SUBJECT: MEDIAN OPENING AND LANDSCAPING WITHIN MEDIANS IN THE TERRA V IST PL NNED COMMUNITY - n appeal of the Planning Commission's decision to deny a median opening on Church Street between Nest Elm Avenue and Spruce Avenue. RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission's decision and deny the applicant's appeal to allow the median opening. This action may be made by minute action. Ii. ANALYSIS: Lewis Homes is proposing a median island opening on Church Street between Hest Elm Avenue and Spruce Street (see Exhibit B-2). The opening being proposed is to provide access to a proposed condominium project, Tentative Tract 13859. The issue of a median opening has alse come to the forefront because Lewis desires to construct Church Street from Haven to Orchard and cannot complete the design plans until this issue is reso ived. On February 14, 1990, the Planning Commission reviewed the request and determined that the proposed opening should not be permitted. The Commission felt that median openings should be kept to a minimum in order to provide adequate landscaping. Further the Commission directed staff to prepare a policy resolution establishing a minimum median length to ensure adequate landscaping. At their March l4, 1990 meeting, the Commission adopted a specific policy for median construction. The attached Planning Commission Staff report analyzes the request in detail. ly City P1~Xn BB:BHap Attachments: Exhibit "A" - Applicant's Appeal Letter Exhibit "B" - Proposed Median Opening Exhibit "C" - Planning Commission Staff Report of February 14, 1990 Exhibit "D" - Planning Commission Minutes of February 14, 1990 Lewis Homes Management Corp. 1156 North Mowtain Avcnun I P.0.9ox 670 / Upland, Calirornia 91785 71L985-0971 FAx: 7l4/98I-9799 -agvt~vcc--~ - :m February 26, 1990 FES881990 7 Ms. Debra Adams, City Clerk ~ City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Re: Church Street Median Breaks -Appeal of Planning Commission Decision. Dear Ms. Adams: At the last Planning Commission meeting, Brad Buller requested direc8on on the above, and was instructed to prepare a study for the Commission. in the meantime, we wish to appeal to the City Counal to allow us to proceed with the design of the section of Church between Spruce and West Elm, including a median break mid-block. As this section will complete Church between Haven and Orchard, we're anxious ro proceeo, our are unwunng to w so wenom exnausnng our appeals ror a median break for the following reasons: 1. In reliance on the City's verbal commitment, made several years ago, that a break would be allowed at the center of each block, we made cenain planning decisions regarding front door" areas. Two years have gone into designing Tract 13859 with the entry off Church as its main focus, which was intended to mirror the entry to the future high-density project across Church. 2. This block, at just under 1,300 feet, is wall over the 1,000 toot guideline we were given a few years back for allowance of mid-block breaks, and is longer than the block east of Milliken, which has a break. 3. It seems a bit inconsistent for the City to deny this break while at the same time requiring that 20% of each median be hardscaped, to conserve water. Why not conserve water and improve traffic Saw as well by allowing this break? 4. The staff report of February 14, to the Planning Commission painted tao bleak a picture by indicating thaLtless median area would be lek for ~7T ~xy~a~r--~ „ Ms. Debra Adams Page 2 hn'IS!;Ar: ^~ eRd mQfA trPe? would b° het 1h~n WnlllA In fact tIe thB case with the break. Also, those few trees actuaAy "lost' because of the break could be more than made up in the parkway, which is the main focus of the landscape design for Church. We are planning a triple layer of trees in the parkway. Enclosed is our $126.00 check in payment of the appeal fee; please place us on the neM available agenda. Cordially, Lewis Homes Management Corp. Do~~ DMT/vs cc: Brad Buller Enclosure 7-J ?'r.. %' .%' i !~ %~ /~ / ~~ '/ jr j / ,~~~/i~ ~i. %,• H N.7 tqi Fp 6V No~~ >~ F= 11 W ~~'70~ F2 O 4 `~i,~ ~ .'' ~,~ 'I I ~ i ~~ .,~_.. - - ~ i ~~ ~! III I~ 111 ~'~ ~'. I I III I i ~'~~ ~~ --~; ;s i_ . __ i+ ._ _~ I 1 ~'~ I I I ~~ I~ ,~~ _. _ 3w --- ll ~~ i 'j N ~' ~I I II of ;~ yI ~~'~ ~~. .~ J Q 2 FW ~q WW V6 O~ WW ~° 6~ O 6~ N .~ m~ Ldp ' i ~'I i ~ i ~ I 3 O~ ~~ I , ~, ," , ~__,.... _ w....- 'I ~ \~`~ (~ EXH/d/T9 -/ ~~ iI ,I ,, 1~. It VIGINITI~ MAC Ll ~CH~~ T u8 ~ Zu CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 14. 1990 T0: Chairman and Members of the Planning Commission FRCM: Brad Buller, City Planner ev: D.nl1 LL....nr ~a~.viafn Dl _nnwr SU&IECT: MEDIAN OPENINGS AND LANDSCAPING NITHIN MEDIANS IN THE I. ABSTRACT: Staff is seeking direction from the Planning Cowatsslon on mein island designs in Terra Vista with respect to their location and the amount of landscaping that is available when median breaks are allowed. II. BACKGROUND: Lewis Homes is proposing a median island opening on uZ~~STrreet between Nest Elm Avenue and Spruce Street (see Exhibit A-1). The opening being proposed is to provide access Lo a proposed condominium protect, Tentative Tract 13859. The Issue of a median opening has also come to the forefront because Lewis desires to construct Church Street Pram Haven to Orchard and cannot Complete Lne assign plans UIIt11 tn15 155Ue 15 resolved. (See Exhibit B.) Staff believes the request raises fundamental The Church Street/Terra Vista Parkway loop Ts Lhe key circulation element aP the Terra Vista Planned Community which organizes access to the interior of the community (see Exh161t E). The loop parkway is also a key component of the landscape design for the planned community: "The Church Street/Terra Vista Parkway loop will signal to drivers that they are entering a special community. It will provide a unique visual experience for visitors and residents alike with distinctive landscaping treatments including a raise8 median planted with trees will be continuous all the way around the loop ... For alt of these reasons, the coop parkway will be a unique road lending identity Lo all of Terra Ytsta. Roth functionally and visually, 1t will tie the entire community together". Exit%sif-"c,/ PLANNING COMMISSION STAFF REPORT MEDIAN OPENINGS 8 LANDSCAFII& -TERRA VISTA February 14, 1990 Page 2 III. ANALYSIS: A. Landscape Issues: The primary issue is whether the median orovino~ 2ro;:gE. area or landiGaying. ;tali nainwins that, in many cases, very little landscape area is left in medians once breaks and left turn pockets of mid-0lock openings and public street crossings are provided (i.e., Elm Avenue, Spruce Avenue, Milliken Avenue, Orchard Avenue. Ponlar I»~;vn eta ~ As Exhibit A-1 depicts, the two median islands have a length of 140- 150 feet, once the minimum left turn pockets and taper distances are subtracted. This reduces 6y approximately 250 feet, the available area for planting, particularly tree planting. Staff believes this is contrary Lo the goals and objectives of the Terra Yista Cansmmity Plan. The Church Street median street tree is the Crape hyrtle, which is to be planted approximately one every 20 feet. Based on this spacing, the median opening eliminates about 18 trees and leaves room for approximately 7-10 trees within each median island. Therefore, 1f the median opening were approved, only 14-20 trees would be planted for this block which is over 1,200 feet long. In addition, same trees may be lost due to sight lire clearances For traffic safety at median openings although preliminary studies indicate that perhaps only one tree mey have to be eliminated within the median closest to Elm Avenue (see Exhibit A). B. Traffic Issues: A second issue with the proposed median opening s own on x it A-1, Ts whether the median opening is actually needed. The applicant has indicated (see Exhibit B) that the site on the south side of Church Street may be developed with office uses (although the site's current designation is for High Density Residential Development) and that the median 1s needed to service the proposed office site. However, the most logical place for the entrance into the office site appears to be off Town Center Drive, the street which parallels Church Street to the south (see Exhibit A-2 ). The City's Trefflc Engineering Section has reviewed this particular proposal and has concluded that the opening would not seriously impact traffic safety. However, they did conclude that the opening was not warranted based on the number of vehicles entering and exiting the properties Involved. There appears to be at least two op ortunitles for driveway entrances (including left turn movements) along Town Center Drive into the proposed office site. In addition, Town Center Drive does not have a median and therefore, would not have problems with having to provide median openings. 179 PLANNING COMMISSION STAFF REPDRT MEDIAN OPENINGS d LANDSCAPING - TERRA YISTA February 14, 1990 Page 3 Further, right turn movements could still be permitted on Church Street even if the median opening was not allowed on Church Street. A solid median on Church Street would also tend to keep and direct office traffic south of Church Street, away fraa the residential areas in Lhe interior of the planned community. Staff believes these factors further support the position that the proposed median opening on Church Street is not warranted. IV. OPTIONS: In the past, the City had not established any minimum median Length, and median openings were reviewed individually on a proiect by pro,iect basis. Staff notes the following options for the Commission's consideration: Direct staff to prepare a policy resolution which sets forth a minimum distance for length of medians. Staff would recommen4 a minimme length of approximately 280-320 feet, not including the taper distance; or, Continue to review proposed median openings on a project by pro~ett basis through the Technical and Design Review Committee process; or, 3. Direct staff to prepare a policy resolution which sets forth minimum spacing for median island openings on Church Street and Terra Yista Parkway within Terra Yista. r. x[6uT[m/p~wa: ~tafr recasmiends that Lhe Planning Ceamii ssion consider e o~p o-tl ns Tlsted above and direct staff to proceed with the desirable course of action, if any is desired. Staff also recommends that the Dlanning Commission determine whether th15 Darticular request for a median opening is acceptable. Resp lly 5 fitted, Bra er City P1 nner BB: BH/,ifs Attachments: Exhibit "A" - Proposed Median Opening on Church Street Exhibit "8" - Applicant's Request Letter Exhibit "C" - Memo from Deputy City Engineer to City Planner Exhibit "D" - Letter to Applicant from City Planner Exhibit "E" - Excerpt from Cosminlty Plan /QT -; ~~i ,;~~ / o //' ~ fi, II li !I . ~IO~f h~" ~~:~ - :~. s m~ ~s ~O C7= HU w> ar ~_ =o H~ gam.., .__~ 'F f'_ ~` I• ~ ~;;~-~ it ~' ~~ ~~ ~~ ..\ ~~> b0 ~~ a J wW ~o Ny W~ V LLY O~ C ~ O .~ ~_ , a~ $ 1. 4 li ~J y~ N ~I '~ /~ I ~~~ ~; I' ;, ,, i4; ~. ~~ I1 ~l~ .'j ,~ li i 3I o f~ ~I J) `~~, - ..... . ...~, ~~;~~~ _ - l I~ -._ -____ ~`~ $~ ~~: E,xNld/T //"I `~ 1~ ,, ;.~7 viUNl"(l~ M~ ~-~- ~~ ~r ~-2 Lewis Homes Management Corp. 1156 NoM Momuio Avenue 1 R0. Boa 6701 Uphod, CaBfyda 91785 7I4N85-0971 FAX: 7111981-9799 December 27, 1989 Mr. Brad Buller, Plaaaing Director City of Rancho Curemonga P.O. Box 807 Rancho Cucaponga, CA 91729 Re: Church Street Medians Dear Brad: ~~~~ ~~' t~~~ -.c ~~~~ of EA'CI NAUCAO CUCq Nffflsy0 Dlvivr~NCA As you might imagine, we're anxious to build Church Street from Naven to Orchard, but find ourselves unable to complete Che design of the missing link between West Elm and Elm until the mid-block median break between WesC Eim and Spruce is sec. Paul Rougeau told me a couple of weeks ago that he had reviewed the plan and given his recommendation on pocket lengths and tapers, and he thought it was now up to Planning to review the amount of landscaping left in the mad ien. Please arrange to expedite this process so we can gec the plans completed as soon ea poss161e. T dnn't rFtnY rh. v. ,. ...hl ... ..ta •h.. ~.....e .. ..i e......... t,..« i believe there was some question about allowing one between West Elm and Spruce, as an entry into Tract 13859. As we have alaays understood that one mid-block break would be appropriate as long as the block is over 1,000 feet long, and this one is close Co 1200 feet, I am not sure what thn question is, It is also probably worth noting here that we think of Che high density apartment site across Church from Tract 13859 as a futurn office park -- that seems to make sense behind Town Center and between the business perk end office zoning -- which would obwiowly require a mndian break on Church, as both the Eln and Spnwe frontages are too short for entrances. We would appreciate your hurrying this along for us Cordially, L~WIS MCMES MAFAGFM'chT CuRP. °~v.~ Donald H. Thonpaon Authorized Agent DMT:wa cc: Russ Maguire, Ciey Bngineez X83 ExNiB~r B CI'I'1' OF RANCHO CUCAMONGA MEMORANDUM DATE: JAnuary 18, 1990 T0: Brad Buller, City Planner ~~JJ FROM: Shintu Bose, Deputy City Engineer d~~ c~^ ~~ ~~. ., Q T v~~ b ~i imp SUBJECT: Church Street Median openings - Terra YtsLE Project ~ti. ;.,; This refers to the letter dated December 27, 1989 froa Don Thompson of Lewis Haines (copy attached) requesting a median opening on Church Street for Tract 13859. As you are aware, the requirement of the median islaMs along Terra Yista Parkway and Church Street wes based on aesthetic reason. In the past, same members of the Planning Commission raised some concern regarding landscaping on these madlans ~ Russ Maguire and Dan Coleman recall Uwse discussions in the Planning Commission and DRC meetings. Paul Rougeau reviewed the traffic analysis for the requested median break, a copy attached. Ne finds, the traffic count is insignificant to warrant any break. However, if the opening is allowed, it will rrot sertousiy impact the traffic safety on the street. The question still remains, if the opening is provided, will the remaining portion of the landscaped area within the block meet the expectation of the CamaissionersT I would like to Leave that fudgement up to you. SB:dlw Attachments CITY OF RANCHO CUCAMONGA January 24, 1990 Mr. Donald M. Thompson Rutho rized Agent Lewis Homes Management Corporation 1156 N. Mountain Avenue P.O. Box 670 Upland, LA 91785 ~- _ ~ ~~POSI Office Boa 90'A, R+nho Cuumony. Caifomu 91T19. 1)1119W-1fl51 SUBJECT: PRDPOSED MEDIAN BREAK ON CHURCH BETNEEN ELN AND SPRUCE Dear Don: I have reviewed your request with the Engineering Division aM ft is our opinion that the break in the median is nat warranted. Further, the break will decrease the amount of potential median island :andscaptng. In the past, the reduction of landscaping has Deen of concern to the Planning Comaission. Therefore, 1t Ts my recommendation that should Lewis Homes desire to pursue "': "" ' `c~t~2l, tii6L ,m aaL Lifis iur a iianning Comatsston meeting unalr oirectorseReport fora policy determination on median breaks with n the Terra Vista Community Pian. [f it 15 your wish to pursue this with the Planning Commission, t will plate 1t on the first available Planning Commission Meeting upon receiving your request. Please give me a call when you've made your dec isian. Sincerely, COIMINITY DEVELOPMENT DEPARTMENT PLA IY[S -~ Brad r City Pl nner 88/ifs , cc: Russ Negutre 18~ .ww. Willhm I. AkBBnder Cludn ). auqu9t n 6e9 m,.dn Oennb L. Sfoul D,bw,h N. 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Tom Dellaquila, Lewis Homes, 1155 North Mountain, Upland, stated that Don Thompson was iii and unable to attend the meeting this evening- He presented a letter from Mr. Thompson requesting that a mad ion nrogh ne epp.o~.ed on Cim rch ;creec oetween tlm Avenue xnd Spruce Street. Mr. Dellaquila said that the City had made a verbal commitment to mid-block openings on all blocks in excess of 1,000 feet, Ne stated that if a median break were not allowed, the project to the sou th would have Lo be redesigned 'and the land use plan would rot be viabl z. He said they had created a front door concept On the land plans for the condominium project Sa sad on a Church Street median opening. He stated Town Center Drive was never meant to 6e a coil ec for street. Ne felt the median would not delete as many trees as stated in the staff report- There werz na further public comments. Commissioner Tolstoy stated that pne of the concepts envisioned with the Terra Vista Planned Community was that Church Street anA Terra Vista Parkway were to provide an internal cirtula lion element for people who live within the community to allow them to shop without going to Haven- He recalled that one of the major concepts was that ail of Terra Vista Parkway and Lhu rch would have median island beautification. He felt the number of median breaks within the loop should be kept to an absolute minimum. He felt that if the condominium project has its major entrance in the middle of the block. then perhaps the project should be rethought. He stated that as both Elm and Spruce mill Y r"g naiiz ed in the future, a driver could make a U-turn and return to the project. Co mmis sinnar fhirina fei. rti_ ±:; -, ticca iu, a need ion oreax would create a significant reduction in the effect the median is supposed to De creating. She felt the breaks move away from the planned comma n i~ty theme. Commissioner Tolstoy felt that the median breaks dilute the design of the planned community. Commissioner Chitiea stated Chat the breaks would slow down traffic. Chairman McNiel felt that Church Street will be a heavily traveled street and median breaks tend to cause safety problems because of cross traffic. Commissioner Tolstoy stated he would like to direct staff to keep cuts in the median tp a minimum. He requested the developer take fewer median cuts into consideration. Chairman McNiel suggested staff prepare a policy resolution setting forth a minimum dis[a nce for length of medians with the minimum length being approximately 280-320 feet. It was the consensus of the Planning Commission that the specific request of Lewis Homes fora median break on Church Street between Elm Avenue and Spruce Street be denied and that staff prepare a policy resolution to seta minimum length of medians at approximately 280-320 feet. f ! * k # (~i ~~l~.~~ Ir CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 (~ T0: City Council ana t,i cy Manayer V FROM: Russell R. Maguire, City Engineer 8Y: Paul A. Rougeau, Traffic Engineer SUBJECT: Status report on the traffic signal at Foothill Boulevard and Rochester Avenue This project is in the final stage of design by a consultant under contract to the City. The signal and extensive intersection reconstruction was undertaken by the City after it became evident that Caitrans had placed the work at such a low priority that State funding and design were not forthcoming. This was in response to increasing accident frequency and citizen concern. The project plans are being revised in response to direction 6y the State, under a permit application, and are scheduled for re-submittal on April 6. Right-of-way is needed on three corners of the intersection and is being appraised and acquired by a right-of-way consultant. The pro,~ect _,.4~w ~,~ _,_„ C Fnn aAvo nhT e:~~ fnr hT do ;n oariv Sentnmber and comoletion by January 1991. RespQCf~f-ul,ly submitted, ~; ,~ :' r ~ 'r i z RHM:PAR:sd ~~""~ ~~' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 4, 1990 TO: Mayor and Members of the City ouncil FROM: Jack Lam, AICP, City Manager 1J~~ SUBJECT: FLOOD INSORANCS Flood insurance is not a City requirement. Flood insurance, whether subsidized or market rate, is sometimes required by lending institutions, depending upon the individual policies of each institution, just as the requirement for mortgage insurance varies from institution to institution. For instance, among lending institutions, it is well known that federally insured loans, such as VA or FHA loans, are the most stringent with regard to the requirements for insurance, the federal government being much more conservative with respect to loan risks. Therefore, these lenders would most likely require more insurance, while others may not. Aside from any other factors that may be important to individual lenders, it is very logical to conclude that properties located within any designated flood zones would be required by lenders to furnish flood insurance as a condition of a loan. Further, lending practices of institutions in the past are not necessarily an indi- cation of practices in the present. Practices vary often in rela- tionship of the economy, and financial positions oP institutions. niau, ~ua~ ca i..au ao~ca auu icca any i~.u iiiid~.:.i6i . o... ..... .. to institution, insurance costs also vary from company to company. Because of the individualization of the different policies of lenders, one can only speculate as to the question about why a lender would require flood insurance where it did not require it previously. The flood zones in Rancho Cucamonga are designated through the FEMA maps and have been the same since incorporation, although the County, with the support of the City, is making efforts to modify or remove these zones as the result of flood protection improve- ments made over the years. All developments located within these designated areas must adhere to specific measures tc insure protecticn from the 1CC-ysar flood level as well as not adversely affect other "up/down/aide-stream" properties. As a result, development within these areas is much more expensive and, in some cases, areas are not developable until completion of major Plood control measures, i.e. the completion of Day Creek. In any case, those improvements have contributed to improving the flood protection environment of the area. JL/pr !V . w hem G• ~ RESOLUTION N0. 90-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A POLICY FOR A MINIMUM LENGTH OF MEDIAN ISLANDS NITHIN THE CITY, AND MAKING FINDINGS IN SUPPORT THEREOF Whereas, the Planning Commission has expressed concern with the design of median islands, and in particular, the length of median islands and the amount of landscaping rithin median islands; and WHEREAS, standards and policy direction is necessary to implement the design goals of median construction; and WHEREAS, such policy is needed to provide clear direction and guidance to developers and staff alike. NON, THEREFORE, BE IT RESOLYEO that the Rancho Cucamonga Planning Commission does hereby establish a polity for median design as follows: SECTION I: Median Length: Median isiands shalt be designed with a minimum Length of 300 feet, excluding any taper, deceleration, and stacking distance. SECTION fI: Exceptions: In certain situations, the minimum 300-foot median length may not be possible. Therefore, medians of less than 300 feet in length may be permitted in the following situations: a. In areas where it becomes necessary far traffic safety and/or emergency vehicle access; and/or b. At mid-block public street crossings where access is necessary for traffic movement; and/ar c. Adjacent to certain land uses, such as hospitals, schools or other similar facilities where access is vital for public safety; aid/or d. Other situations as deemed necessary by the City Planner aM City Engineer. The City Planner and Ctty Engineer shall review aM approve ali requests for median openings to determine tf the proposal is consistent with the median policy and whether any of the above exceptions is applicable. PLANNING COMMISSION KESOLUTION N0. 90-31 POLICY FOR MEDIAN ISLANDS March 14. 1990 Page 2 SEi,TiON 111: Modffica lions to Existlna Medians: Within the Terra Vista Planned Community, medians have been proposed and estab115hed which do not meet the median Length policy set forth in this Resolution. Therefore, the Planning Commission hereby directs the City Planner and City Engineer to finalize a precise master plan for medians wii.liin C;,urc„ Si,rae. a,-,d -r- ;~1]tc Parkway. This master plan may include the closing off of, reconstruction of, and relocation of existing median breaks. APPROVED AND ADOPTED THIS 14TH OAY OF MARCH, 1990. PLANNING COMM);$SION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST :, 'oreu ouiier, Sec reca ry or cne rianm ng Commtss ion of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duty 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 14th day of March, 1990, by the following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, CNITIEA, MCNIEL, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE s: S<~.. rvrv~a-yea u: a r-r6gcv -~ aob 61'T2 aeta-a~ ~, rl. CJ/el-~ ~"' April 2, 1990 ~~; Robert A. Corconn Division Chtet Operations ~..,t Rancho Cucamonga Firc Protection District .7o/Ili'rQr ~, I P.0. Box a3a -~/v Rancho Cucamonga, CA 977CS~ODyo ,,,,~,.,... Y w 1YY„+~[w Dear Cble[ Corcoran, Thit weeK, Mercy wul dirett our panmedica, who arrive on scene prior to pollee or fire unlit In [he Clty of Rancho Cucamonga, to useaa the sltaation and if, in their opinion, rr.n.r. they feel responding resourtts do nol need to continue m..,... "Code 3`, [h!y will pus that information la M<rcy dispatch, Mercy dispatch will notify On[arlo Plre Qispatch that a code "'""' 3 response Is no longer necessary by fire and pollee. r..+ u`~r r,c~aN ~rT /y~~ MMON4~4 \!(~y(I s[eve Dlc%meyer Chief Executive ORleer SD/Ib ee; Board of Directors ~~ , ~aaa yr 1SA1YainV VUI:AlY1VNVA MEMORANDUM 0ATF- Ma rrh i0, 7990 T0: Mayor and Members of the City Council City Manager FROM: Rick Gomez, Community Development Dfr SUBJECT: REQUEST FROM STEVE MARTIND FOR DCC! Attached for your review are two memorandums prepared by the Engi neertng and Building 6 Safety Divisions. Hopefully these two memos will clarify the further information needed to address Steve Martf no's concerns. We understand that these are frustrating and emotional issues for all parties involved. City staff is constantly workt ng with the developer to minimize all unnecessary delays in order to help these homeowners occupy their new homes. Again. I will stress that we must ensure that all safety concerns are resolved prior to any decision to grant any occupancy and that all remaining issues be put into their proper perspective, but not forgotten. RG:ko attachments GATE: March 30. 1990 CITY OF RANCHO CUCAMONGA MEMORANDUM T0: Mayor and Members of the City Council City Manager FROM: Jerry Grant, Building Officia~~~ SUBJECT: LETTER TO CITY CLERK FROM ST'fPHEN A. MART INO RE: BUILDING 8 5 FEY IVI I N [N SP CTI N ON TR T 3 The staff report mentioned in Mr. Marti no's letter was prepared for the August 16, 1989 City Council meeting. Mr. Marti no's reference to the "policy that was taken by the Buildt ng li Safety Division in August of 1989" is apparently in reference to the Division's reallocation of inspections within the Woods II development. This was staff's initial attempt to gain greater cooperation from Nordic in resolving the growing lack of response to code corrections and other related construction problems. Repeated Inspections by Building b Safety inspectors showed no progress in correcting those deficiencies. This reallocation of inspection began in order to minimize the time spent in the ff eld and to forte the developer 20 finish major segments ur worm anu cuu rui na ~e uUr rnspeu a m, ume un unse ~rau~s. a sewise, our "allocation of inspection" in Tract 13644, "Woodridge", occurred from August 2, 1989 to August 10, 1989. the Building b Safety Division did not order work stopped during that period, simply no inspections were preformed. Nordic was allowed Lo continue all work and correction of deficient homes to the point that f nspec Lion was required. Mr. Martf no's house was inspected on July 21 and again on August 11 indicating that work progress continued during that period of time. Mr. Ma rtino's residence has been inspected 6y the Building 8 Safety Division and he was provided with a letter by Building 8 Safety staff in order to fund his loan and not lose his financi ny. Also, he has been given all information indicating the remaining items to be accomplished prior to granting occupancy. 6ne of those final items was the completion of the public Improvements in Hermosa Avenue, consistent wfth City Council direction in granting an extension to the subdivision improvement agreement. JRG:11 - CITY OF RANCHO CUCAMONGA wcwMO,~ MEMORANDUM ~~ ~,, z 1 DgTE: March 30, 1990 0 ^ A FII Q Z T0: City Council and City Manager III ~"' !I> 19]] --- FROM: Russell H. Maguire, City Engineer BY: Monte Prescher, Public Norks Engineer SuoJEi.T: neport on ~i:asus of oil-site improvements Tract 13644, Nordic Development, east side of Hermosa Avenue south of Vista Grove The sub,lect tract improvement agreements and bonds were accepted by City Council on May 19, 1988. Approximately six months later a construction permit was issued for the interior tract streets and Hermosa Avenue. The above delay is oat unusual. At regular Council meeting of June 21, 1989, City Council approved a 4-month extension to improvement agreements and bonds per the developers request. This also 1s not unusual. However, the improvements were not completed within extended time period. The developer then requested CTty Council to approve an additional 3-month extension at the regular Council meeting of December 6, 1989. Cowrcil approved the request contingent upon Hermosa Avenue befog 100E complete prior to any occupancies within the tract. The ouroose of this condition was to insure safe ingress and egress to the tract as wall as travel to other developments 1n the area. Also, this was to provide for convenient and adequate circulation of ail vehicular traffic in the area with minimal future disruption, which was consistent with City Council action of November 16, 1989, when Resolution No. 89-567 was adopted. This condition was interpreted to include all curb and gutter, drainage control, paving and parkway improvements on Hermosa except for landscaping and minor dean-up items. After the base paving was completed, the developer requested staff to allow finished paving. Approval W final pave was rwt granted due to co~rete repairs remaining, parkway improvements remaining and lack of verlftcatlon of utilities being complete and accepted by utility agencies. The above is normal and standard construction practices and 1s a requirement by City Policy. The purpose is to avoid any unnecessary damage to the newly completed street. The developer requested approval to final pave Hermosa except for the pass adlacent to the east curb. This request was approved by staff and complete in early January. City Council and City Manager Report on Status TR 13644 - Nordic March 30, 1990 Page 2 However, on March 28, 1990, it was discovered that not all utility work had been completed. the existing house which is a part of the tract did not have aa< rnnnerf{nq, Ayt9rd "~ ~ ^F ~ ~~ in^y LO OY7nC: 72iiuEle2, i,iie developer was to provide the new service. On 2-14-90 the gas campar~y was issued a permit to excavate a 3x2 "bell-hole" in the east side of Hermosa 285' north of Hillside. It was assumed that the gas company would be working within the base paved only portion of the street. The location on the permit cotncl6es with the existing residence. However, the trench excavated crosses the entire street including the newly final paved portion. It is this type of unnecessary cutting of new streets that the city policies are attempting to address. Currently, the developer has again failed to complete the improvements within the second extended time period. At the regular Council meeting of March 21, 1990, the developer requested council approval of an additional 3-month extension. Council approved the extension, again with the condition that Hermosa be 1002 completed prior to any occupancies. In addition, no further extensions would be approved. (See attached summary of events). Due to the developer's failure to complete the required improvements, several home buyers cannot occupy their new homes. Some have stated that they appreciate the City's effort to cause the developer to provide acceptable improvements and others feet that the City should be more lenient. As stated before, to homebyyers, developers, and in Previous Council and Cammissi on reports, 1t is not the City's Tntent to cause anyone an undue hardship. But, rather, it is the City's goal to provide the best possible living and working environment. Nith the high degree of construction occurring in the City, iack of pro,{ects being completed in a reasonably timely manner should not be tolerated because Lhis causes potential for injury, traffic congestion, inconvenience and frustration to new and existing residents. And, any time this occurs and a pro,)ect 1s rrot completed 1n a timely manner, then the question usually is "NhY doesn't the City do something?". Resp ,, ly submitted, y.. V ~ RHM:MP;dlw Attachment m a m ~ ~ ~ppp a0 ~ m m ~ q~[~ a ~ m ~ ~ ~ °' ~ ., a .-7 , iY , a a a C` V a w O yWm G. H c 0 w F W C a a 6 .~ U y~ U a O U w a ~ a, c .4 ~ ~ u a q 0 z ~ s ° s ci, m ~, a d k 6 °% '~ °: $ a a a d n a ~ ~ ~ ~,~ a o ~ 3r a ~ 6 ~~ C " a a ~,,, C ~.. .+ m o d O e ~ > ~ Qi Q ~~ a ~?. d a~ d a~ c ~~ c o m ~ L .q' ? 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