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1990/06/20 - Agenda Packet
CITY ~' COUNCIL I A G E N D A i CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7110 pm Jur._ 20, :990 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 •~t City Councilmembera Dennis L. Stout, .we~nr Pamela J. Wright, Counrilmemesr Deborah N. Brown, Muyorvnrr.,n Charles J. Buquet, counramrmDr. William J. Alexander conxllmrmber r Lack Lam, ,~., ~,..-;. ~ James L. Markman, cqv .aunrnrr Debra J. Adams, on~ clrrk City ice: 989-1851 Lion Perk: 980-3143 City Ccuncil Agenda June Z0, 1990 PAGE All lieu eubaiited for the City Council Agaada suet be is writing. The deadline for tuhmlttiag thus itua is 5:00 p.m. oa !ha Wednesday prior Lo the oeetinq. The City CLrk•• Offiw receives all such itgs. A• CALL TO ORDBR I 1. RO11 Call: Buquet _, Alexander _, Stout _, I Brown _, and Wzight 1. Presentation of Proclamations to Miae Softball America) 1 A.C. 6. 9oftDall; A.C.B. T-Ball; Rancho Legion; 8tiwenda Legion and Rancho Pony Colt for volunteer service to the residents of Rancho Cucamonga. C. COMRiMIGT2066 7R01f TaE pBBLIC Tale is the Lima sad pleas for the gewral paDlic to address Lbe City Comcll. state law prohibits Lha Ciiy Cowcil from addreaaiag any isew sot pzevioaely lacladed w tae Agenda. The City Council uv meiw bstimom and wt the saLbr !or aubsequeai uaLiag. Cosswnts are to W 3lmiteA to fiw aiautea per individual. D. COR'6A11 CALBLCAR Tea following Consist Glsndar item era expecLaQ to De routine and eon-controversial. They will W acted upon by tae Council at one flee without dLsoaesion. Any itr uy ba raaovad b7 a Cowcilaeaber or mrbar of the audluw for diaeussloa. 1. Approval of Minutae: May 16, 1990 ~ i i 2 Aporaval of Wnrrente, Register Naa. 5130 /90; and Payroll 2 ending 5/24/90 end 6/7/90 for the total amount o! $1,449,915.95. 3. Approval to adopt • rawlution declaring tour traffic fi ^lgnal controlUrs as surplus Ltaos. Clty Council Agenda June 20, 1990 PAGF. ~ i II RESOLUTION NO. 90-242 ~ I A AfiSOLOTION OF THE CITY COUNCIL OP THE CITY I I •~ OF RANCHO CUCAMONGA, CALIFORNIA, OHCLARING I i I POUR TRAFFIC SIGNAL CONTROLLBAS AS SURPLUS j i II ITEMS ~ I I I~ 3. Approval cf the Environmental Initial Study, Parts I and & I i ! u, for the proposed nxxlification of an existing traffic ~ signal at Foothill Boulevard end Haven Avenue and i II ~ issuance of a Categorical Exemption therefore. l I l i REoOLU~:w:::o. vu-243 4 ~I ~ it A RESOLUTION OF THE CITY COVNCIL OF THS CITY ~ OP RANCHO CUCAMONGA, CALIPORDIIA, APPROVING ' ~ THE BNVIRONMBNTAL SNZTIAL STVOY AND ISSVANCB 'l I I OF A CATEGORICAL EXEMPTION POR THS PROPOSED I MODIFICATION OP TH6 6%ISTING TRAFFIC SIGHAL C AT FOOTHILL BOULEVARD AND HAVEN AVENUB I '~ 4. Approval of the Environmental Initial Study, Parts I and i 2~ ;, ~ II, for the proposed traffic aignal at Rocheatsr Avenue 'I i I and Foothill Boulevard end leeuance of a Categorical I i I Exemption therefor. 'II RESOLUTION NO. 90-244 21 I i I I A RESOLUTION OF TH8 CITY COUNCIL OF TH8 CITY I t I OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ~ I~ THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE I 'I I I ~ OF A CATEGORICAL EXEMPTZON FOR Tf~ PROPOS&D I ~I I TRAFFIC SIGNAL AND STREET IHPROVSMENTS AT I ! I ROCHESTER AND FOOTHILL BOULEVARD 5. Approval to authorize the levy of Assessment 33 i Administration Charges for the Collection of Aoesemente in the Alte Losut Channel District (84-2 ), the Sixth t street induetriel Perk Asfund District (82-1R), and the II Rancho Cucamonga Drainage District (86-2 ). I RESOLUTION ND. 90-245 3§ A RESOLUTION OP THE CITY COUNCIL OP THB CITY OF RANCHO COCAMONGA, CALI POANIA, AUTHORS%IN6 THE LEVY OT AN A88688MENT 9URCHAROE FOR TN6 E%PEN8E8 INCUANED IN THE COLLECTION O! ASBE38MENT8 IN VARIOUe SPECIAL A88688NENT DISTAICF9 City Council Agenda June 20, 1990 PAGE I 6. Approval to open escrow with Tzai-sen Lu, et. al., for 35 I purchase of land at 12776 Summit Avenue, to obtain the i I right-of-way for the Natt Southern California, Incorporated development oP Tract 13812 on Summit Avenue I ~ i between Etiwanda Avenue and Hanley Avenue (Bluegrass I ~ I j j Avenue), Por $75,500.00, plus escrow fees of 52,500.00 I j I to be paid fray Account No. 01-4638-8563 (Deposit I i j Account from Developer) and authorize the City engineer i to execute all necessary documents. jl ~ 7. Approval to open escrow with Bda Sllena, for purchase 55 I ~ of land ar i2n?P ;- __G. 6ua Liu. ~..' ., ..:: - - c..e ~ j i i AUghee/Lyon/Victoria Associates' right-of-way for the ' development of parcel 11838 on Baea Llne Roadr we9C of Victoria Park Lane, for $84,550.00, plus escrow fees of $5,000.00 to be paid lrom Account No. 01-4637-d537 (Deposit Account from Developer) funded by Hughes/Lyon/Victoria Aeeociatae and nuthorize City Engineer to execute all necessary documents. I i ~ e. Approval to authorise end direct the Mayor to execute 56 t settlement documents (w 90-OB7) relaying to eminent domain Por Cho Baae Lines Read Widening, Phases ZI, Project et 12659 Bese Line Road, Cass No. RCV 050801 I (City of Rancho Cucamonga, aic., v. De Lila Lopez, etc., ~ or al., and dl rnnti nn of ihw City_ Attorney io n[oceed II in conformity therewith. A850LUTION NO. 90-246 5] j A AESOLUTION 08 TNS CITY COUNCIL OP THE CITY I I I I OP RANCHO CUCAHONGA, CALIPONHIA, AUTHORIZING AND DIRECTING THB MAYOA TO 6EHCUTE SETTLEMENT DOCUMENTS ABLATING TO EMINENT DOMAIN CASE NO. ACV 050801 (CITY OP IUNCHO CUCAMONGA, ETC., V. DS LILA LOPES, ETC., ET j AL.} AND DIRECTING THE CITY ATTOANBY TO j PROCEBD IN CONPOAMITY THEREWITH 9 Approval of the Joint vu Agrsament (CO 90-088) by and 58 i i i i bar wens Central fir•hnnl D1Birigt. xDd thw Oity of RgDnhn t Cucamonga (District and Park tecilitiss ). 10. Approval of Alta Loma Hlgh school Pool Rental Agreement ~4 (CO 90-089) between the City end Chaffsy School District for City's use of Alta Loma Niqh School pool for euaswr swLs program. City Council Agenda Junes 20, 1990 PAGE ~: 11. Approval to implement the Drug Abuse Reelatame 7G Education (DARB) program through the execution of a Memorandum of Undeietanding (CO 90-090) between Alta I Loma, Central and Etiwanda School bietrlcte, the Rancho it I Cucamonga Police Department, and the City of Rancho ~, i i Cucamonga. ' t ~ 12. Approval to execute Agreement for Inetalletion of PuDl is JA ~ ~~, ~ Improvement and Dedication (CO 90-091) between Lucile I '~ ~ Laub end the City of Rancho Cucamonga for street ` ii front age improvements along Church Street and Ramona i i ~~ Avenue at Parcel No. 1077-301-39. RESOLUTION NO. 90-247 ~9 ~ ~ A RBSOLUTION OF TH8 CITY COUNCIL OP THE CITY i I OP RANCHO CUCANONCA, CALIFORNIA, ACCEPTING AN AGAE8N8NT FOR INSTALLATION OF PUBLIC IMPROVEt~NT AND DBDICATION PROM LUCIL6 LAUH I AND AUTHORISING TES NAYOR AND CITY CLSRB TO 9IGN 9AM8 AA 33. Approval to execute Reimbursenent Agreement (CO 90-092) for instalLtion of a portion of Nester Planned Storm ~ a,e^' facilities in connection with tlwalopawni of CUP __ ,mw...,,y wl..e...n lnn ~~M er tho nnrthaa wt cornwr of Boothill NouUVard end vineyard Avenues between ~, o.A.S. Investors, and the City of Rancho Cucanonga - l Dw,-u. II '. l4. Approval to execute Reimbursement Agreement (CO 90-093) A3 ii I i, for installation of portions of Mneier Planned Stozm I~ Drain llnae 2-1 and 2-2 in connection with development of Tract No. 12870, Located northerly of Highland Avenue between Eaet Avenue and 8tiwanda Avenue/ between N. A.D.P.T., a California LSmited Partnership end the I City of Rancho Cucamonga - bAA-014. 11 35. Appcova to execute Reimbursement Agreement (CO 90-094) ~ for inetelletion o! a portion of a Naeter Punned Storm Orals Facilities !.^. connecticn w!«h develogment Of Trait ~ i No. 12895, locetad went o! Bnker Avenue, between Arrow Rouse and Foothill Eoulevsrd( between Citiland Development and the City o! Rancho Cucusonge - DM-013. City Council Agenda June 20, 1990 PAGE 89 16. Approval to award and authorization to execute contract ~ ~ (CO 90-095) for the Cucamonga Elementary School Field Improvement ProjeM with Sunrise Landscape Company, ~i Santa Pe Springs, California, in the amount of $536,222.28 ($457,474.80 plus lOt contingency) to be ~ I ~ funded from Perk Development Pund Account No. 20-4832- ~ 8926. 17. Approval to authorize expenditure and issuance of a 91N I i I Purchaee order in the amount of $400,000.00 with Laird I I i I ~ Conetiuct ion for the Et iwanda High School Field I, i •~ ~-A ~~: - ry2 ~.A YAK lmpmvoment PrWjeci, 2i.a:: :, -.. _;,:____ City•e Halntenance Agreement, CO 89-132. The improvements will be funded from the Pazk Development I ~ Fund Account Number 20-4532-0926. ! 18. Approval to execute Change order No. 1, Contract 84-199, 92 Area VI eighlsnd Avenue Stom Drain from Archibald Avenue to the Lowsz Alta Lams Channel, for extension of i I Naeter Planned Storm Drain westward to Jndeita Avenue and Basin Lateral in Jadeite Avenue ae a result of a prelLsinary design Hydrology Study. I ~ 19. Approval to sward end authorization for execution for 93 a revised agreezent (CO 90-096) with cucamon9a county I W~~er a1 ~r.IM 20. Approval La execute revised maintenance agreements (CO 94 90-097) between the State of California (Caltrane) and ~ the City of Aencho Cucamonga for maintenance agreement , ~ Eor State Route !30 and State Route !66 from east City i i I limits to west City limits. I ~ ~ I ~ ABSOLUTION NO. 90-267 96 I A REEOLVTION OP THH CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING THS RBVISBD MAINTENANCE AGABBIBNTB BETNBEN THE eTATE OP CALIFORNIA (CALTAANS) AND RANCHO CUCANONGA TO BEC0116 EFFECTIVE ON JULY ~ i ~ ~ 1, 1990 21. Approval to execute Improvement Agreement and 9J Improvement Security for 5743 Cebroaa Place, submitted by Randolph e. Davie and Sandra P. Davie. City Council Agenda Juno 20, 1990 PACE i RESOLUTION NO. 90-248 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~ i OP R71NCH0 CUCAMONGAr CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND INPAOVEHENT SECURITY PDA 5751 CABROSA PLACS I ~ 22. Approval to adopt the attached Resolution pursuant to 100 I city Council meeting of June 6, 1990 extending the Improvement Agreement for Tracts 30027, 10827-1 and ~ ~ 10827-2, submitted by Relco Industries. i ~ I 101 I I ~ NbSUwiluli FJ. 'aG-24i A RHSOLUTION OF 1T76 CITY COUNCIL OF TAE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING ' 1 IMPROVEMENT AGABSMENT 6XTSNSION AND IMPROVEMENT SECURITY POR TRACTS 10827, 10827-1 ANO 10827-2 PUASUAHT TO CITY COUNCIL MEfiTINC OP JUNB b, 1990 ' 23. Approval to execute Improvement Agreement 8xteneion for 102 ~ Tract 13650 located on the eoutheeet corner of Foothill Boulevard and Baker Avenue, auhmitted by Northwood Development. it a il RESOLUTION NO. 90-250 lU3 i I ~ A RESOLUTION GP THE CITY COUNCIL OF THS CITY I OP RANCHO CUCAHONGA, CALIFORNIA, APPROVING ~ , i i IMPROVEMENT AGREEMENT E%TENSION AND '~ i IHPAOVEMSNT SECURITY FOR TRACT 13650 24. Approval to execute a one-year extension of existing 104 street striping contract (CO 87-07) with the ndSuatmant of three price schedule categories, with Orerge County Striping Ssrvice, Inc., to ba funded form Gae Tax Account No. 09-4637-6028, Contrnct Services (FY 90/91. 25. Approval to accept the Storm Drain for Tract 12895 108 lccate3 on the west side Of Maker Street Y_twaen Foothill Boulevard and Arrow Route, submitted by Reecho Cit ilend Development. 26. Approval to accept Improvsawnts, RsLaee of Bonds and Notice of Completion fors Tzacta 10827 and 10827-1 located on the northwest corner 309 of Haven Avenue and Nenxanita Drive City Council Agenda June 20, 1990 PAGE Tract 10827 Release: Paithful Performance Bond (Street) $350,000.00 Accept: ( Maintenance Guarantee Bond (street) $ 35,000.00 Tract 10827-1 Releases Paithful Performance Bond (Street) $818,000.00 ~ I Accept: H+iatas:miGe C+:'r+stee Bond (Streetl $ 81,800.00 AHBGLDTIDR NO. 90-251 Ij0 A A88oLOTION OP TB8 CITY COUNCIL OF TBB CITY OP IIANC8O CUCAMONGA, CALIFORNIA, ACCEPTING T88 PUBLIC IMPRWSIONPfS POA TAACTS 10827 AND 10627-1 AMD AOTBORIEING TBB FILING OF A NOTICE of COMPLETION TOR THB NOAH Tr ct 13318 1 tad th •th t f N I Avenue and Menzenita Drivs 111 ~ ~ e... Paithful Performance Bond (Street) 5136,800.00 Accepts Maintenance Guarantee Bond (Street) S 13,680.00 112 ABSOLUTION NO. 90-252 A RE9OLUT10N OP THE CITY COUI/CIL OP TBfi CZTY OF RANCHO COCANONOA, CALIFORNIA, ACCEPTING THS PUBLIC IMPAOVHNBNTS FOR TAACT 13318 ANO AUTlPDRILINO TBB IILINC OF A NOTICB 0[ COMPLETION POR THE NORK i DR 87-51 located on the south aide of Arrow Route 113 i Releacea Faithful Per[ormance Bond (BtzNt) $352,000.00 City Council Agenda June 20, 1990 PAGE I ~ RESOLUTION NO. 90-253 i 114 i ~ A AESOLUTIOH OF THE CITY COUNCIL OF TF~ CITY ~ OP RANCHO CUCAHONGA, CALIFORNIA, ACCBPTING I i ~ ~ ~ THB PVHLIC IMPROVEMENTS POR DR H7-51 AND I ~ I I AUTHORIZING THH PILING OP A NOTI CB OF I COMPLETION FOR THE WORR ~ I ~ R 87 t d o e o eater 115 ~ ~ ~ Avenue and 8th Street I '~ ~ ~I Aeleaee: ' Faithful Performance Bond (Street) $219,000.00 I I I RESOLUTION NO. 90-254 117 i A RESOLVTION OP TBE CITY COUNCIL OF THE CITY t i OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMBNTS FOR OR 87-55 AND AUTHORIZING THE PILING OF A NOTICE OP COMPLETION POA TMB WORK ~ ~ n 118 '~ ~ I Wilson Avanua and Canietel Avenue i I I vets ae. '~i Iii Paithful Performance Hond (Street) $ 76,000.00 i RESOLUTION NO. 90-255 119 j A RESOLUTION OP THB CITY COUNCIL OF THE C2TY I i OF RANCHO COCAMONOA, CALIPORNIA, ACCEPTING THS PVHLIC IMPAOV6NBNT3 POR PARCEL MAP 10771 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION POR TH8 NORR 27. Approval to raleaae Maintenance Guarantee Bond for: Tract 12650-3 located on the southeast corner of Haven 120 i i Avenue and Boulder Cenvon Road Releaees Maintenance Guarantee Bond (Straat) $ 24,800.00 Trset 12802-2. -5. -6 Storm Drain located eouthaaat of Mt. View Drivs end 9nruca Avanua 121 Aslasw: Naintanenca Ousrentea Bond (Straat) $ 13,400.00 City Council Agenda June 20, 1990 PAGE Tract 13022 located at the northwest cornez of Fairmont 122 i Wav and Hilliken Avenue Release: I '. Maintenance Guarantee Bond (West) $ 42,000.00 I I I ~ Maintenance Guarantee Bond (Feat) $ 60,600.00 Maintenance Guarantee Bond (Major Ste) $129,600.00 ~ i Maintenance Guarantee Bond (Stour Drn) $ 92,500.00 i ~ 28. Approval to accept the Traffic Signal at the 123 ' i ~ intersection of Milliken Avenue and Nighland Avenue, j ConGreM No. 88-089, e6 Complete, release the bonds end ~, , authorise the City Enainesr to fits w •Nnt lre of Completion". I 124 I RESOLUTION NO. 90-256 A RESOLUTION OP THE CITY COUNCIL OP TH6 CITY OF RANCHO CUCAt60NCA, CALIFORNIA, ACCEPTING ~ THS PUBLIC IMPROVBMBRTS FOR THE TRAPPIC SIGNAL AT THE INTERSECTION OF MILLIREN I AVENUB AND HIGHLAND AVENUE, CONTAACT NO. 88- I OB9, AND A'JTHORI SING THB FILING OF A NOTICE I OP COMPLETION POA THE WORE I la a....rnva t~ ..r..a me wt n.ue onad et.ee« toc ~' it ~ Improvement e, from Hextaoaa Avenue to Mayberry Avenue, '' I contract No. 89-304, as complete, release the bonds and ~i authorize the City Englnaer to file a "Notice of Completion". 126 ' R850LUTION NO. 90-257 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF AANCHO CUCAHONCA, CALIPORNIA, ACCEPTING i THE PUBLIC IMPROVBMENT3 POR HILLSIDE ROAD STRBET IMPAOVEMERTS• FROM FOSAMOSA AVENUE TO MAYBERAY AVBNOB, CONTAACT NO. 89-104, AND AUTHORIZING THB FILING OF A NOTICE OP I ~ COMPL&TION FOR THE WOAA 30. Approval to release the bonds and to accept the i 127 i Maintenance Bond for the Old Town Perk Project (CO 89- 108). 31. Approval to accept tM Traffic signals et the 128 intarsactlona of Archibald Awnus and Lemon Avenue end Haven Avanua and 7tA Strwt, Contract No. 89-175, u complete, releue the bonds and authorise the City Engineer to file a "NOtica of CompUtion^. City Council Agenda °° : ,q` June 20, 1990 ~ oP m h$3` PAGE 30 ABSOLUTION NO. 90-258 129 I A ABSOLUTION OP THB CITY COUNCIL OF Tf7E CITY I OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING IL VBNS OFS F AT THE NTB BCPIO AACHZBALD AVBNOB AN0 i I LEMON AVENUE AND HAVEN AVSNOE AND 7TH I I I 9^aREE^a, G'f7NTAACT NO. 89-175, AND AUTHORIZING THE FILING OP A NOTICE OF COMPLETION FOR THE WORR i I 'I 32. Approval to set a Pu61ic Nearing for July 18, 1990 for i 13D nerves race Atl]uHtmant. 33. Approval to set a Public Hearing for July 18, 1990 for 131 the formation of Street Lighting Maintenance District No. 7 for Tract Noe. 13565-5 thru -30, located on the ITEM WILL BE north aide of 74th Street, east of Werdman-Bullock Roed. PULLED RESOLUTION NO. 90-259 132 A ABSOLUTION OF TH6 CITY COUNCIL OP TiDS CITY OF RANCHO CUCAliONGA, CALIFORNIA, INITIATING NT R O LZG IN6 MAINTSNANCB DISTRIC NO. PUABOANT i mn muv eswnanavrvr. sun ~tnvmrvr. sr-~ nv ,e~~ I ~ RESOLUTION NO. 90-260 133 I i A RESOLUTION OP TH6 CITY COUNCIL OF TfIE CITY I I i i OF RANCHO CUCAMONGA, CALIFORNIA, DIVING j PRELIMINARY APPROVAL OF CITY 6NGINESR'8 I I REPORT POR STRHST LIOHTINC NAIHTENANC6 ~ II i i DISTRICT NO. 7 ~ E. CONBIIPl ORDIN1HiCBB The following ordiaaacu base had public huriaga a! the Cise of first rudiag. Baeoad readinge era arpaetad to be routine and aoa-coatrc,'eraial. Thep x111 he nctea upon Dy the Council at one Liao without diaavuion. Tha City Clark will road the title. Any itae cau be raeo~ad for diwvaaloa. No Items Submitted. PAGE City Council Agenda June 20, 1990 it P• ADVERTIBW POBLIC HEARINGS The folloRing itaa have haea advertised and/or posted as public hearings se requLrsd bT lar. 1Te chair NLll open the seetiaq to receive public tutieoay. ~ i i 1. N V ^- 1~: NOS. 13565-1. 13565-5. 13565-7 AND 13565-8. LOCATED ON R C O i ~ COVNTY (COatianad frw May 16, 1990) RESOLUTION NO. 90-226 142 A RESOLUTION OP THB CITY COUNCIL OY TNH CITY OP RANCKO CUCAMONGA, CALIFORNIA, APPROVING AMENDING TRACE MAP NOS. 13565-1, 13565-5, 13565-7 AND 13565-8 2. 144 DEVELOPMENT ASVIBW 89-12 - DAVIBS - M appeal of the Planning Coamiseton'• decision denying Che development of an indu etr ial compiax containing six induetriel buildings totaling 22,940 square feet on 2.2 scree of land in the Censral Industrial District, Subarse 3 Of •ho TnA.. ~fNN ¢roni f<n PLn 1nnMM nn Pomn eoulevardr east of Nelms Avenue - APN 209-031-87 and 88. i ~ i (COatinuad from Jms 6, 1990) ' RESOLVTION NO. 90-238 18) ' A RBBOLUTION OP THE CITY COUNCIL OF TH@ CITY OP PANCNO CUCAMONGA, CALIFORNIA, DENYING AN APPAL OP THE PLANNING CO144ISSION'9 DENIAL OP DEVELOPMENT REVIBN NO. 89-12, TFIB ~ DBVBLOPMENT OP AN INDUSTRIAL COMPEER CONTAINING SIR INDUSTRIAL BUILDINGS TOTALING 22,940 SQUARE PEST ON 2.2 ACRES OP LAND IN TH@ GENERAL INDUSTRIAL DISTRICT, SUBAREA 3 OP TNB INDUSTRIAL SPECIPIC PLAN, LOC7ITED ON FERON EOIII,EVAPP, EAST OP HELPS AYEHUE 3. CONSID@AATION TO APPROVE ANNOAL BNOINEEA'S REPORT AND RESOLUTION POR THB ANXVAL LEVY OP A998HHMENT9 NITNIN THE 189 P11141C AND RECR@ATION IMPROVEIRNT DISTRICT l85-PDl PAGE City Council Agenda June 20r 1990 12 RESOLUTION NO. 90-261 191 A ABSOLUTION OP THS CITY COUNCIL OP TAS CITY I OP RANCHO COCAMONGAr CALIFORNIA. TO LEVY AND COLLECT ASSESSMENTS WITHIN TH8 PARR AND RECREATION IMPROVEHENT DISTRICT 85-PD I (NERITAG6 AND RBD HILL COMMUNITY PARKS) I O. PUSLIC HBARINGB I I xas LO11owiDg Siq! nl~a as iagsi pvpiinatinn or posting ragairlgata. TA! CAais will open t4! Ngtinq to r!cl1Y! Poblic Llaifaony. i I i 1. CONSIDERwTION OP POBLIC NEARING OP PROTESTS REGARDING EMINENT DOMAIN ACTION TO ACQUIRE PVBLIC RIORT-0P-NAY POR THB SVlDIIT AVSNU6 WIDENS AND REALIGNMBNT. TMCT MAY 19H tiR12, PROTECT NETWBEA HTI{UlaOA AVRNOB 1Lw7 Rwpr.EY AVSNCB initmau>ea AVSIRrSI AT T88 PROPBATI86 L+Y!~TBD AT 12726 AND 12692 eDMMI2 AVB IAPN 0225-111-08 AND 09) IN THE CITY OP RANCHO CUDAMOi1GA ' AH90LUTION NO. 90-262 199 ^ APROT.i1TTON OP TAR CITY COnNCTT. OP T'IiR CTTY ~ OP RANCHO CUCAMONGAr CALIPOANIAr DECLARING TH6 PUHLIC N680 AND NBCBSSITY TO CONDEMN ~ CERTAIN REAL PROPERTY COlMONLY KNOWN AS 12726 AND 12692 SUlDlIT AVENUE LOCATED IN THS CITY OF RANCHO CUCAMONGA AS98SSOR'S PARCEL I NO. 0225-111-08 AND 0225-111-09 AND MAKING I I PIN9ING9 IN SVPPORT THEREOF 1 2. CONSIDSMTION OP AN ORDIRANCB ADDING CHAPTER 9.19. ABATEMENT OP CBATAZN NUISANCES TO TITLE 9 - PUBLIC 2OB PEACB. MOIUfL9 ANO NELPARE TO THE CODS OP THS CITY OP i IUNCHO CUCAMONGA ORDINANCE RO. a22 (lirei [lading) 2O9 ~ AN ORDZNANC6 OP Ti0 CITY COUNCIL OP TNH CITY O! RANCFIO CUCAMONOAr CALIFOANIAr ADDIN4 CHAPTER 9.19 AHATEMENT Ot CERTAIN NDISANCS2 TO TZTLB 9 - PUBLIC PEAC6r MORALS AND WBLPARE TO THE CODS OF TH6 CITY OP RANCHO CUCAMONGA PAGE City Council Agenda June 20, 1990 13 ~ 8. CITE 1OWAOQIt'8 BTAFP REPORTS Tha following itwes do aoL legally require aap public teatLonp, although the Chair say open the nesting for public iaput. _ I i. 15 BLBCTION 216 RHSOLUTZON NO. 90-263 A RBSOLOTION OF TR8 CITY COUNCIL OP TA8 CITY OF RANCHO COCAMONGII, CALIFORNIA, CALLING ANO GIVING NOTICB OP OENEINL NONICI PAL BLBCTION TO SE HELD IE 9AID CITY ON TOBSDAY, TRH' 6TTi OAY OP NOVEMBER, 1990 POR TAB ELECTION OP CBRTAIN OFFICERS O! TBE CITY AS REQUIRED BY TBB PROVISIONS OF THE LANE OP '17~ STATE OP I CALIFORNIA RELATING TO BSNERAL LAN CITIB9, ANp CONSOLIDATIMO SAID ELECTION NITH STATEWIDE GENBRIII. ELECTION TO BB RBLD ON 9AID DATE RLSOLUTION NO. 90-264 211 A RESOLOTION OF T8Z CITY COUNCIL OF TEE CITY OF RANCHO COCAMONOAr CALIFORNIA, ADOPTING ~ AHGOLATIONB FOR CANDIDAT88 POR BLECTIVE OPPICB, PBRTAININa TO MATBItIAL3 SUBMITTED TO THE ELECTOAATS AND TIDI COSTS OP TNB I CANDIDATES BTATENENT FOR THS GENERAL , MUNICIPAL ELECTION TO SE BELO IN T11E CITY OR 2U%SOA1"", NOV%NA%% 6, i99U 2. STATUS OH MULTI-BAMILY OEVELOPNHNT, 1990 UPDATB 2jg 3. CONSIDERATION OP SPECIFIC PLAN 90-01 - CITY OP RANCHO 233 CLICAMONGA - Pre-zoning o! approximately 6,754 acres condaUnt with the Clty of Mncho Cuoamonga Genersl Plan and located generally north of Mighlmd Avenue, south of the National Doraat Doundary, east of the eity , of Fontana and peat of Millilun Avenue, in the use known as Etiwanda NortA. ~. PAGE Ciiy Council Agenda .Tune 20, 1990 14 ~ I R630LUTION NO. 90-265 24G A RESOLUTION OP THE CTTY COUNCIL OF THE CITY OP RANCRO COCANONGA. CALIFORNIA. OP INTENT TO PREPARH A SPBCIPIC PLAN FOR APPROXIMATELY 6.754 ACRES CONSISTENT WITN TR6 CITY OP ' RANCHO COCAMONOA GENERAL PLAN AND LOCATED GENERALLY NORTH OP NIOHLAND AVENUE. SOUTH ' OP TAB NATIONAL POASST HOVNOARY~ EAST OP TH% CITY OP FONTANA AND NEST OP HILLIREN ^•e...,e ... L.e ....e.. n........ So 6T i......~........T33 - - 4. APPROV 242 (DAY CREEA DRAINAGE SYSTEM) FACILITIES DISTRICT NO 84-1 IN THE AMOUNT OP 3350.00 PER ACRE ~ ABSOLUTION NO. 90-266 243 A RESOLUTION OF TNB CITY COONCIL OF THB CITY ~ OF RANGED CUCAHONGA. CALIFORNIA. I ESTABLISHING ANNUAL SPECIAL TAX BOA CUHHONITY PACILTTIBS DISTRICT NO. 86-1 I s. 249 ~ I RHSOLUTION N0. 90-268 251 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA. CALIFORNIA. ESTABLISHING ANNUAL SPECIAL TA% POA COMMUNITY PACILITIBS DISTRICT NO. 88-2 I ~ 5. 0 258 ABSOLUTION N0. 90-Z 69 259 A R890LUTION OF THE CITY COUNCIL OB THE CITY I OF AANP.HO CUC.AMONOA~ GLIPOANIA; APPAOV7NG IHPROVEIffiNT AOAEENENT EYTENBION AND IMPROVEMENT SBCURITY FOR TR 14902 7• COIOffINICATION3 AUTHORITY ZN CONTRACTING FOA PROJECT MANAGBNEIIT SERVI C68 POR THI 300 NHL BACKBONE eYSTEM, THE CITY'S SNARE O- T!Q COST NOT TO EXCEED 313.000.00 262 PACE City Council Agenda June 20, 1990 15 I S. CONSIDBAATION G P63 STUDY I. COUNCIL NUBINR88 i The following iter Dara bean requastsd b} the Citp Comcil for discussion. Thep sre not public hearing itas, although the Chsir rp opao the rating for public input. i _ - - __ ~nmemx'RA'IDy r. rcrna-oea*n- .nS = i i i SUBCOMNITTBB (Oral Diseuasion) 2. DISCUSSION OF MSBTING ROOK NAMRS -N CIVIC CRNTNR 3. RC^ln•'ST }OR INPOR~~TION IlrnA_a'INF DAY C2n¢ (Intocmation will De provided through n forthcoming memorandm) J. IDENTIlICATION O} ITm18 Iql Ma'IT MR6TIN0 This is the tlr for Citp Council to idrtifp LM itra they wish to discuss at the wzt rating. Those itar will sot Da dlaeuued at thi^ rating, oslp ideatilied for the m:t rating. [. CONNONICaTIONa }LION T~ PUBLIC Tbis is the fir sad place for the greral public Lo addrss• the city Comcil. State law prohibits the Cit! Council trot ~ nddseeein9 enp Lese. not prn.ione Lp ia~lndsd re tDa Agenda. The City Comeil rp moire bstirnp and set the rtbr for ^ aubaaqurt reiiag. CossMnta are to be liaitsd to tiw einuGa per indiridwl. L. ADJOURNRNT MENTINO TO ADJOURN TO JUNG 20, 1990 fOR A BIIDORT SRBBIOM, TIME i AND I.OCdTYOY TD BB ANNODNC®. I, Debra J. Adar, Cliy Clesk of tM Clty of Rancho CuCaagnga, hereby wrtlfy Chat a true, scourau copy of the foregoing agenda was posted on June 15, 1990, rwnty-two (72) hours prior to the rating per OoVernrnt Coda 54953 at 9320-C Baae Llna Road. May 16, 1990 CITY OF RANCBO CUCANONGA CITY COUNCIL MINUTES A regular meeting o! the City Council of the City of Rancho Cucamonga met on Wednesday, May ib, 1990, in the L1ona park Community Censer, 9161 Baee Line Road, Rancho Cucamonga, Cslifornia. The meeting was called to order at 7,10 p.m. Dy Mayor Donnie L. stout. Present were CouncllmsmWru William J. Alexander, Deborah N. Brown, Chazlae J. august II, Pamela J. Wright (arrived 7:50 p.m.), and Mayor DeMLe L. Stout. Alw present were: Jaek Lam, city Manager/ James Markman, City Attorney? Jerry B. tulwood, Deputy City Mansgar7 Linda D. Daniels, Dmputy City Managert Rick cameo, Community Development Director? Auea Maqulre, City Engineer? Shinto Bou, Deputy CLty Sngineer/ Dan JaIMa, Sr. Civil EnginNr7 Nalt Stickney, Auoctab Civil EngiMer7 Joe etofa, MtOC1aN Civil Enginmer/ M1111e Valbwna, Au lstant Civil EnglnNr7 Chuck Nachter, 9r. Public Norka Inspector? Laura Bonaccoral, im,useapm uesiyeer; mrau a,iisr, uicy rumrnr/ vcto Aroura 1, wputy Clty Ylannet7 Larry Henderson, Principal Planner/ Miki Brett, Associate P1aMer; RLchard Alcorn, Code Bnforcement supervisor? Jos Torres, Codm Enforcement Otflcer/ Sue Ramirez, Code Bntorcament Otficezt Mary Burgan, Code Enforcement Officer? Nancy eases, Code Enforcement Technician/ Jerry Grant, Building ofticial7 Joe Schultz, camawnity services Manager? Paula Pachon, AdministratLW AMlatant/ Duane Baker, Sr. Administrative Auistant7 DSaM O~Mal, Administrative Malyst7 Swan Mlckay, Administrative Aide/ Chief OennLe Nichasl, Rancho Cucamonga Pire Protection District? Lt. Bruce Le1Mr, Rancho Cucamonga Polics Dmpa[tMnt/ and Debra 1. Adams, Clty Clerk. R f f, BL YrmaantatieD of Proclamation Doiynatinq Xay as Water Awarsnau etonth. Mayor Stout presented the proclamation to Charlie West and Tam Shollsnberger of Cucamonga County Mater District. el. Preuntatlon of Proclamation Dsaignatinq May as Poster Cere Awanneas Month. Mayor stout presented the proclamation to BridgNt Jonas. City Cavncil Minutes Hay 16, 3990 Page 2 B3. Jack Nilliws, reprewnting the 0.S. Constitution alcentennial CoamLsion, made a presaniaiion to Paula Pachon for her hard work and dedication she has given towards this project. B4. Hayor Stout stated this is Lhe last meeting the City Ccuncil would be having at iA LS locni ion. He mentioned the new Civic linter and Council Chambers will Do located at 10500 Civic Canter Drive, Aancho Cucamonga. H3. Jack Lam, City Nanagar, stated that Itw DS hna n new resolution for coneitleration because 8tiwandn Aigh School will not M considered at this meeting. B6. Jack Lam, City Nanagar, stated Ltw D15 needed to be removed from the agenda and will W rescheduled for another meeting. B7. Jack Lam, Clty Nwager, stated there is a correction in CAe title of the report for itw DYa. B8. Jack Lw, City Nanagar, suggested that Itw /5 be continued to June ZO nfiec CM public Hering is opened. 69. Jack Lem, City Xanagez, caked for an 6xscutiva 9eesion at the end of CM meeting to discuss perwmsl iuuas. 830. James Markman, City attorney, requested an Rxeeutive Susion sagardinq Nordic Dwalopment prior to item MI. • ~ C. COMIIDIIIGTIOMa IRON TR6 P06LIC CS. Ted Moser, 5498 NatmOea, stated ha had been before the City Council last Avguet and had stet=l Lhry hwve cold their hc=_ _.^.d .^.__ _~, qCt -• -.. _~siz now haw tMy have purcMasd from RordLc Development. He stated they-have now been made aware that there are not any more releases 6einq given in tM Noodridge 6atatee. Neyor Stout stataaf tMt his concerns related to tM Rordlc itw on tM agenda, and thst would W tM time to discuss this. CZ. Narws foloman, 10007 Nanaanlte, asked !or tM skaU boarding Lwe to caam beck on • Council agenda. i4 stated M le sryinq to get Ain own inauznnce cowrags, and then tM Clty mould not G liable, a~X! eked i! this could M diwunsd. Mayor Stout esked that this itw be ralarrad to tM Parka Marestion Comioion and tMn it could cams back to tM City Council with a rscowsndation. C3. Jens Moser, 5198 Rarmoaa, sGtad tMt wASnwer they Mvs trial to address the City Council before with tAair problws regarding Nordic they haw bean told they do not matNr bacauN LMy era not residents yet. City Council Minutaa May 16, 1990 Pegs 3 Mayor stout orated no ono has ewr acid that bmfora. Mre. Moaar aakW tRat aha b• able to apsak to Council wRan thm Nordic Ltam cameo up on the agmnda. C4. Ron Iimbarth saAad if aomathinq could W done ao that the 100 people outside could hesr whet was going on inside. Jack Lam, City Manager, stated they could go into the staff room if they wanted to beer. • ~ +< x D. C.D116m1T CALtMDAt 01. Approval of Minutaar 3-14-90 4-18-90 D2. Approval of Narranta, Ragiahr Boa. 5/2/90 and 5/9/90 and Payroll mndinq 4/25/90 [or thm total amount of $1,703,337.43. D3. Approval to racaiw and film currant LnwatmmM 9chadula as of April 30, 1990. D{. Alcoholic Beverage Application [or On Balm BNS i Ninm telinq Placm for La Vina, Roberto A. Lira and Lupa 8aldana, 8030 Vinmyard Avmnua. D5. Alcoholic eevaragm Application for On Bala Bear i Minm Eat inq Placm !or ceaa Dal 901, 6dmundo and Maria 8anchas, 10062 Arrow Routm. D6. Alcoholic Bawragm Application for Off Sala Gnaral, 1989 Conditional Priority /26 for Onnamad euainaaa, Ionq ail Junq, 8045 Vinayerd Avanua. D7. Alcoholic eavmraga Application for On 9aU BNr i Minm Ltlnq Place for Joa•a Maw York Dali, David J. and Lupa Jaan Drone, 8645 eavmn Avanw, /550. De. Approval to suthori:e tM Adwrtialnq of tM "BOticm Inviting Blda• for the atiwanda sigh 8ohool and Cucamonga Blammntary school Recreation timid ImProvamant Pro~acta. AE8OLOTIOM NO. 90-191 A A180LOTI011 OP Tat CITY OODMCIL OP Tat CITY O- R1111CB0 CUCAMONOA, CALIPOIINIA, APPROVIBO PLAMe AND 8P[CIIICATIOMt lOR Teoe tTINANDA aloe eCMOOL AMD eDCAMOMaA sLtMtMTAAY sceaot AtCAtATIOM PItLD IImROVtIRIIT PtOJtCTt, It BAID CITYr AND ADTHORILIBO ABO DIABCTINO TBE CITY CLtRt TO ADVtRTIet TO AtCBIVt BIDE city Council Minutes May 16, 1990 Page 6 D9. Approval to authorize the re-advrrtiainq of the "Notice Inviting Bids^ for the Baee Line Road Xedim eenutif ication Phase I, Improvement Project frw Haven Avenue to Deer Creak CAsnnel,^ to M funded frw Landaeapa Maintenance District No. 4, Account No. 43-4130-8956 and frw Mesaura "I^ Artarisl, Account No. to be determined (PY 99/90 end 90/91). RSSOI:dTIDN NO. 90-194 A A6SOLUTIOp OP TBB CITY COUNCIL OF THi CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANB AND 9PSCIFICATION3 POR THE "BASE LIpE ROAD MSOIAM BEADTTFIGTION PHASE I, FROM NAV%N AVSNft% TO 0668 CRHiR CBANN6L," Ip 9AID CITY AND A01710RIYING ANn OYA6CTING TR$ CITY CL6Ai TO ADV6RTI86 TO AHC6IVi BIDS D10. Approval to initiate self-funding of the City'• Norkers' Compensation Program by joining the California Municipal Insurance Authority Morkezs' Compensation Pool. D31. Approval to change msstlnq location to 10500 Civic Center Drive, for tM Hi@adc Preservation Casaiuion, Park and Recreation Coamiulon, planning Ca®iuion, and Public Hetety Corluion. RESOLOTION 110. 90-193 A R680LUTTON OF TNi CITY COUNCIL OP THE CITY OF IUIICHO CUCAMONOA, CALIFORNIA, CNAMGIIIG THi PLACE !0R BOLOIMO RMOLAR MELTIN09 OP Tffi NIBTORIC PRiBiAVATION COMMI88ION, PAM AND R6CRE11TION C0101IBSION, PLANNING COMMI88ION, AND PUBLIC SAFETY COWII88IOp D32. Approval to dutroy records which era no longer required ae provided under Government Code Section 34090. 4E90LCTION !VO. 00-194 A Ai80LUTI0M OF Tee CITY COVpCLL OP TH8 CITY OP AANCHO COCANOM011,, CALIPOAMIA, AOTHORIEINB THi DiBTRUCTI011 OP CITY RECOADB ARD DOCOIRNTS RNICR ARi RO LONGER RLQOIA[D A8 PROVIDBD VMD6R OOV6hiM6Rf CODL BiCfIOM 34090 D33. Approval of a 14solueion to support the praaesvation of the Dnitad States RouN 66 HigAMay a an DLtoric higAray. RESOLUTION NO. 90-195 A RESOLUTION OP TBi CITY COUNCIL OP Tffi CITY OF AAIICHO CUCAMON011r CALIFORNIAr BUPPORTINO Tffi MOVEIQIIT TO PMBEAVE TXi UNITED eTATie ROUTB S8 BIOBNAY M AN HIeTORIC HIOHNAY D14. Approval of • Rswlutlon of DanLl for en Appeal of the Notles to ADatl Public Nuiaancsa at 8493 ttiwanda. Ciey Council Hinutas Hay 16, 1990 Page 5 ABSOLUTION NO. 90-196 A RESOLVTION Ot TNB CITY COUNCIL OF TNH CITY O! RANCHO CUCANONGA, CALIFORNIA, DENYING AN APREAL OF TER NOTICB TO ANATE PUBLIC NOISANCE3 AT 8493 STIWANOA, AND HAEINC FINDINGS IM SUPPORT TREABOF - APN 229-041-11 D15. Approval to order tM eons:et ion of landscape arose to the work program oP Landscape Maintenance District No. 7 for Tract 13565-1 thzu -4, locete0 on the north eider of 24th SLraet and oast of Hardman-Bullock Roed, and the Annexation of T[net 33565-5 thru -10 to Landscape Maintenance District No. 7 and Street Lighting Maintenance District No. 1. A ABSOLUTION Ot THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIAr OADERINO THE ANNEEATI011 OF LANDSCAPE ARRAS TO TNN [iD11R PROORAN Ot LANDSCAPE MAINTENAACE DISTRICT NO. 7 YOR TRACT 13565-1 TlOIU -4 RESOLUTION NO. 90-198 A REBOLPfION Ot THE CITY COUNCIL OP THE CITY Ot AANCHO CUCAMONOA, CALIFORNZA. ORDZAIRG TNB ANNBRATZON Ot CERTAIN TEIIRITORY TO LANDBCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIOHTINO MAINTEI11111CN DISTRICT NO. 3 tOR TRACE NO. 13565-5 TNRU -30 n 1fi. Approval to execute A Confident iallty Agreement (N 90-071) and authorize RIVA Corporal ion oL Salt Laker City, Utah to examine our FlnanCa System Source Cade to further determine their SnUrut in usage of our financial Pnckege. D17. Approval to suiRorize execution of contract (CO 90-072) with the Narner croup to conduct ^ study evaluating Camplltes Systems for uas by the City to be funded from Contract services Account 33-4133-6028, nt a coat not Lo oxcaed $20,000.00. D18. Approval to award and authorization for execution of contract (CO 90-073) for Highland Avenue Reconstruction Improvement Project located from Hermosa Avenue to MayWrry Avenue to BoD Britton, Incorporated, for the amount of 5131,148.00 (6119,226.00 plus 101 contingency), to be funded with TDA Article e, Account Na. 12-4637-8910 (tY 84/90). D19. Approval to award and euihorization for execution of cantsact (CD 90-074) for Bees Line Rosd and RocMelet Avenw Tsaftic Slgnal and safety Lighting Improvement Project to fUymor Electric for the amount of $120,866.00 (6109,878.00 plus 106 contingency), to W funded with Syelems Dewlopsent Lunde - Account Mo. 22-4637-8943 (fY 89/90). City Council Nimitea Nay 16, 1990 Page fi D20. Approval to award and authorization for execution for the Landscape end Irrigation Maintenance Contract (CO 90-075) for Landecspa Maintenance Dieir ict No. 6, to Landscape Meet, Inco[poratad, of Loa Angeles, Calilornix far the amount aE $13,000.00 to ba funded 6y Account Number 43-4130-6038 (1R 89/90). D21. Approval to execute Agrsement of Installation of Public Improvement and Dedication (CO 90-076) between John A. gaps and Irene Sepe and the City of Aencho Cucamonga for sidewalk improvements at the northwest corner of Sierra Madre Avenue and Ninth Sixeat along the Sepe parcel for the Slerrn Hadie Avenue- Ninth Street to Arrow RauG Project. RBSOLUTION NO. 90-199 A RBSOLOTIOII Or TIR cii"t wfiR~:L uP ^-"° '.'^- :.° °.,;.;;~;;;> CUCAMONOA, CALIFORNIA, ACCEPTING AN AOR88MERT POR INSTALLATION O- PDBLIC IMPROVEMEIYf ARO OIDICATION PROM JO@! A. SEPE ANO IRENB SEPE A11D AVTHf1RI EIRE TFIY MAYOR AND CITY CLERE TO SIGN SAME D33. Approval to execute Agreaent [or Installation of Public Improvement and Dedication (CO 90-077) betwNn Michael D. Brown and the City of Rancho Cucamonga for sidewalk improvements at the nortMaet corner of Sierra Madre Avenue and Ninth Street along the 3rown parcel for the 9Serrs Madre Awnua-Ninth street to Attcw ROUte Project. RESOLUTIOp NO. 90-300 A RESOLUTION 01 TAZ CSTY CO(MCIL OP TIR CITY OY RANCHO CUCAM0I/0/1r CALIlOAMIAr ACCEPTSNO AN AGAEElRtIT YOR INSTALLATION OY PUBLIC INPAOVElRRT AND Da02CATI0A 7ROM MICAAEL D. BAONN AND AUTHORILINO THE MAYOR AND CITY CLERE TO SIGN 9AlR 023. Approval to execute Agreement for Installation of Public Improvement (CO 90-073) Gtwwn Niroehi Suruki and tunes Suruk! and the City of Aencho Cucamonga for Street Improvements located along the north portion of the Suruki parcel for the NinetNnth street project Pram Archibald Avenue to Haven Avenue. RESOLUTION p0. 90-201 A RESOLOTIW OY TIR CITY COOECIL OP TBE CITY OP 1WICR0 COCJd10NG11r CALIMRNIAr ACCEPTING AN AOP6EIIENT YOR INBTALLATIOl1 OY PODLSC 2MDROYEisNY PAW( HSROSHI SDAVAI At7D RiUBE BIIRURI AN@ AOTRORILIN6 TBf MAYOR AND CITY CLEAI( TO SIGN SAME 034. Approval to execute Agreement for Installation of Public improvement (CO 90-079) between Pred M. Koninq and Jane Roninq and the City of Aaneho Cuaamonga for Serest Improvements located along the north portion of the Forting parcel for tM Nineteenth Street project frog Archibald Avenue to Naven Avenue. City Council Minutes Nay 16, 1990 Page 7 A890LOTION NO. 90-202 A REeOLOTION OP TAE CITY COUNCIL OP T10! CITY OP RANCHO COCAMONOA, CALIPOANIA, ACCEPTING AN AG(UIRRNT POR INSTALLATION OP PUBLIC IMPAOVEl~NT FROM PABD N. RONINC AND JANE RONING AND AUTHORIIING TI(E NAYOA AND CITY CLERA TO SIGN SAMR 025. Approval to execute Agreearnt tar Installation of Public Improvement (W 90-080) between Millard Narr snd Rhods Nerr and the City of Rancho Cucamonga for Street Iaprovamsnta located along the eouih portion of the Narr parcel for the Nineteenth Stzest protect from ArcTlbald Avenuo to Maven Avenue. RESOLUTION NO. 90-203 A RH90LOTION OP THE CITY COUNCIL OP THR CITY OF IWICNO CUCAMONOA, CALIBORNIA, ACCEPTIBG AN AOAEmR11T lOA INSTALLATION OP PUBLIC IMPROVElRMf IROM MILLAAD BENR AND RAODA NEAR ARD AOTMORI8IN0 TN< MAxOA AND CITY CLEAR TO BION BAMi D2a. Approval of Map, execution of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance Dietrlet No. 1 and street Lighting Maintenance DletriM Noe. 1 and 2 for Tract 13336, loesie0 aC the northeast rnrner of Archibald and Carrara Avenues, submitted Dy Friedman Moose. Am10YEU POE DZECOimIWf OS A ImOII OP THE AUDIENCE. PE80LUTION 80. 90-206 A AESOLOTIOB OT TFRZ CITY COUNCIL OP THE CITY O! AAACNO CUCAMONUA, CALIFORNIA, APPROVING INPROVElOtNT ACREElRNT, IMPAOVENENT SECURITY, ACCEPTANCE OI OPFEA OF DEDICATION AND FINAL MAP OF TRACE NO. 13336 A880LOTION NO. 90-205 A AESOLOTION OF T~ CITY COUNCIL O- TAE CITY OP IUNCAO CVCAMDNOAr CALITOANIA, ORDERING TIR ANIIE%ATION OP CEATAIB TLIAITORx TO IJDIUBCAPE MAIIITLNANC6 DIeTRICT NO. 1 AIID BTREET LIGATINO MAINTENANCE DISTRICT 808. 1 AIID 2 FOR TRACT 13316 D27. Approval to execute Improvement Agreement and Improvement security for Parcel Map 11671 located between ALA and 6th Streets and between Pittsburgh and Buffalo Avenue; evDmitted by the Miaalor. Land Compa.:y. AEeOLUTIOM NO. 90-206 A RESOLUTION OP T~ CITx COONCSL OP TAE CITY OI IWICNO CUCANONOA, CALIPOMIAr APPROVIND IMPROVEMENT AGREEMENT AND IMPROVEMENT eECORITY FOR PARRL MAP 11671 City Connell Ninutae Hay 16, 1990 Page 8 D28. Approval to execute Improvement Agreement, Improvement Security end MonumenLation cash deposit for Tract 13283 located at the northwst corner of Save Line Road and Rochester Avenue, submitted by Covington Homsa, and relense of previously submitted Improvement Agreeepnt, Security and Nonumentation depoelt accepted by City Council on January 18, 1989, for The Nilliam Lyon Caopany. A850LUTIOH NO. 90-207 A ABSOLOTION O! TN6 CITY COVNCIL O! TNH CITY O! RANCEIO CVCAMONOA, CALIlOANIA, APPROVING I!d'ROVElRNT AOR88NENT AND INPROVB!ffiNT SECORITY POR TRACE 13283 AND RELEASING TNH INPROVeMrNT AC•ASRMRNT Itxn 88COPITY vpn,rnnaLy . _ ___ ___ -..,::. COONCIL ON JANOARY 18, 1989 D29. Approval to execute Iaipravement Agreement, Improvement Security end Monumentation cash dapoait foc TraM 13873, located on the northwat corner of Atwood Street and Victoria Park Lane, submitted by Atwood-vietorla Joint Ventua and releap of prsviously submitted Improvement Agreement Security a'M Honumentation Deposit acceptor Dy City Council on Beptexdwer 6, 1989, from The Nilliam Lyon Campmy. RESOLOTION NO. 90-208 A RESOLOTION OT T86 CITY COOIICIL O1 TBE CITY O! RANCHO COCAMONOA, CALIIOMEA, APPROVING IMPROVEMENT AGREEIRNT AND TYVMV~weeT ._____.___ ___. _._.__ ___.- . .-..r-. .v •• INPROVEIRNT AGREEMENT AND SECGRITY PREVI008LY ACCJ:PTED BY CITY COUIICIL ON SEPTEMBER 6, 1989 D30. Approval to execute Improvement Agreement Extension for Tract 12870 located on tM north side of Highland Awnw between Etiwanda Awnue and Ent Awnw, submitted Dy Daly Hamee. AE80LOTION NO. 90-209 A RESOLOTION O! THE CITY COONCIL 0! T~ CITY Ol RANCHO COCAMWN{A, CALIlORNIA, APPROVING IMPAOVEIRNT AOAEE}RNT EETE118ION AND IMPROVEMENT 6ECBRITY -OR TRACT 32870 D31. Approval t0 execute improvement AgYeement Eatenalon for Tract 2IR23, located on the north •ide of 19th Street beeween Hawn Avemu and Nighla`M Avenue, submitted Dy Dlsn[ed Development. RE80LOTION NO. 90-210 A AEBOLOTION OP TIDS CITY CODIICIL O- TBE CITY 01 AANCNO CUCAMONOA, CALIlONIIA, APPROVING IMPEOVElDSNT AGNEO0iNT EYTENSION AND INPROVEIRNT sECORITY -OA TRACE 13123 City Couneil Minutes May 16, 1990 Page 9 D32. Approval to exewte Improvement Agreement sxtansion for Tract 13440 located on the northeast corner of Kenyon Way and Lark Drive, submitted by J.P. Rhoades Development. AESOLOTION NV. 90-211 A AASOLOTIOM Ol TIt6 CITY CODIPCIL OP TA6 CITY OB AAMCAO COCAMONOA, CALIFORNIA, APPROVING INPROV6MRiT AGAEQRNT BLTBNSIOR AND IMPROV611~NT SBCDRITY POR TAACT 13{40 D33. Approval .o sxewte Improvement Agreement Sxtension for Tsact 13441 located on the nerthn .t ^t !rim`pri. .w . - by Grupe Development. AN80LOTZON NO. 90-212 A (IraOLOTION OP TBI: CITY COONCIL OP TAN CITY OP A1NiCA0 COCAMONOA, CALIFORNIA, APPROVING IMPIIOVDRIYT AGRE~NT EYTNIIBION AIID IMPROV<NaNT 9NCORITY lOA TRACE 13441 D34. Approval to exsoub Isprovement AgteeYnt Nxtenelon for Pareel Nap 9360 loested on tM northeast eormr of Aaaa Life Aoed and Milliken Avenue, submitted by Ths William Lyon Company. RNROLOTION p0. 9D-213 A RiSOLOTIOp O- TRN !!TTY MnNrTT. M TIR rTTV n~ mavnvn CUCAXONOA, CALIFORIIIA, APPROVING INPAOVRRIPf AORNRMNNT SETEN9ION AAD IMPROVNlRNT 9FCORITY POA PARCNI. NAP 9350 D35. Approval to execute ImproveMnt Agreement Extension for parcel Map 11363 located on the northeast corner of Church Strwt and Milliken Avenue, euhmiitsd by Lesls Raare. R660LOTION N0. 90-214 A AEEOLOTIOII OP TIR CITY COONCIL OP TiDi CITY O- RANCNO COCAMONOA, CALSPORIIIA, APPROVING I)0?RDVi1RNT AGAEDQIIT EITENBIOM AND IMPROVEMENT eECORITY -OR PAAC6 NAP 13!{1 D36. Approval to accept Improvements, Mleeu of !Dods and Notice of Completion fcr Tznct 13562 Sxatad on the northeast earAer of Rsnyan streak and Canletel Avenue Aeleue~ -aithtul Mrfoemence Nond (street) g220, 000.00 Aacept, Maintenance Guarantee Fond (street) $ 22,000.00 City Council Minutaa May 16, 3990 Page 10 RB90LOTION NO. 90-215 A AB80LOTION O} TAE CITY OOONCIL OP TAA CITY OF RANCHO CUCAMONGA, CALIPOIUPIA, ACCEPTINO Tf0 PUBLIC IMPROVEMENTS POA TRACT 13562 AND AOTHOAI EIMp THB PILING OY A NOTICS OF COMPLBTION YOR TIR HOAR D37, Approval to accept the Haven Avenue Median Improvements, Phass III, fiao south of Lemon Avenue to north of Nilson Avanua, contract No. 89-013, release the bonds and authorise the City Engineer !o file a "Notice of Completion". AESOLOTION NO. 90-216 A RB80LUTION O} TH6 CITY COUNCIL OP TA8 CITY OB RANCRO CUCAMONOA, CALIIORNIA, ACCEPTING TH6 POBLIC IMPROVEMENTS TOR TNS HAVEN AVENUE 16DIAN IMPROVi1R11T8 PHABE III, }ROM SOUTH OP LEMON AVENUE TO pORTH OP NIL80N AVENUE, CONTRACT NO. E9-013, AND AUTHORIEIN6 T~ TILINO 08 A NOTICE OP COMPLETION TOR THB NOAH D38. Approval to accept the BaN LSM Road eeautiticatlon Project, from Carnelian street to the weei City Llelb, ConlacG No. 89-075, seleew tM bode end euthorlre tM City Engineer to file • "Notice of Coepletion^. RE80LOTION NO. 90-T17 A RE80LUTION O} THE CITY COUNCIL OI T!R C.TTY OT Aapf'Rn CUCAMONGA, CALITOAl1IA, ACCEPTING TH6 PUBLIC IMPAOVENENTe tOR THE BABE LINE ROAD BEAOTI}ICATION PROJECT, PROM CARNELIAN STABET TO THE N88T CITY LIMITS, CONTAACT NO. 89-075, AHD AUTHORIEINO THE }ILINO Ol A NOTICi O} COMPLETION TOA TIR NORR n39. Approval to accept LM Carnelian Street Parkway Renovation, froe Vineyard Avenue to south of ease Line Road, Contract No. 89-089, release the bonds end authorise the Clty tngineer to Elie • "Notice of Completion^. REBOLOTION AO. 90-718 A RE80LOTION O} TH6 CITY MUNCIE OP TIR CITY O} MNCHO COCIIMOIIGA, CALIIOANIA, ACCEPTING TEE POBLIC INPROVElRN1'E TOR Tet CARNELIAN STREET PAAENAY RETAOlIT, TAOM VLNEYAAD AVEMR T4 804TH OP BABE LINE ROAD, CORTTiA~. BG. 89-089, AND AUTHORIiIMp THE PTLINO O} A NOTICE O) OWQLEI'ION TOR TIR IIORR DaO. Approval to accept LM sierra Madre and Placida Court BtrNt ImproveMntb noKh of Arrow Route to Via Grrlllo, Contract No. 89-106, release the bonds and authorise tM City EnginNS to file a "Notice of Completion". City COUnc it Ninuiee Nay 16, 1990 Page 11 RESOLUTION NO. 90-219 A RESOLUTION OP THR CITY COUNCIL OP THE CITY OP RANCHO CUCAMONOA. CALIFORNIA. ACCEPTING TNB PUBLIC IMPROVE!ffiNTS POR THS SIERRA MAPRB AND PLACIDA COURT, NORTH OP ARRON ROUTE, (CONTRACT NO. 89-106) AND AVTFIORIEING TRB PILING OP A NOTICE OF COMPLETION POR TNS WDM Ddl. Approval to accept the Sapphire Sirwt Parkway Retrofit, ftao Ranyan Street to north of Jennet Strwt, Contract No. 89-160, release the bonds and authorlxe the Clty 6nginwr to fine a "Notice of Camplei ion". RESOLUTION N0. 90-220 A RESOLUTION OF TBB CITY COUNCIL OP TNB CITY OF AANCXO COCAMONGA, CALIFOMIAr ACCEPTING THE PUBLIC IMPAOVRNSNTS POR THE 9APPAIM STMET PARKNAY RETROFIT, BROM BANYAN STREET TO NOATN OF JENNET STREET, CONTRACT NO. 89-160, AND AUTHORIZING THE FILING OT A NOTICE OF COMPLETIOA POR THE HORN D42. Approval to accept the Alta Lama euin Excavation (Aeatlemeni District No. 86-2), Contract No. 90-017, releeu tM bonds an4 aothoriae the City 8nginwr Co file a "Notice of CompUtion^. MSOLUlION NO. 90-221 A RESOLUTION n1 TNR cTTY nnnunn n~ _.._ ____ __ .--.-.. CUCAMON011, CALIIOMIA, ACCEPTING TH6 POBLZC IMPROVSlOZNTe„POR TN6 ALTA LOMA BASIN EECAVATION (A89ESSMENT DIBTRICf NO. B4- 2), CONTRACT NO. 90-017, AND AUTHORISING THB FILING OF A NOTICE OF COMPLETION FOR TH6 WORE D43. Approval of Preliminary 8nginwr'• Report and Setting Public Nearing on June 20, 1990 to levy iM annual aaeeeemente end approve the Finai enginwc'^ Report for Lhs Pnrk arui Recrestlon Improvement Dletrict (PD-84). RESOLUTION NO. 90-222 A MBOLUfION OP TIU1 CITY COUNCIL OP Tlie CITY OP RANCHO CUCAMONGAr CALLIOMIA, O- PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR THE PAM ANO RECREATION INPROVEMENS DSSTAZCT (PD-BBi MSOLUTION NO. 90-223 A RESOLUTION OF THE CITY COUNCIL OF T88 CITY 01 RANCHO CUCAMONGAr CALIFOMIA• DECLARING ITe INTENTION TO LEVY AND COLLECT A88E88N611T8 NITHIN TEE PAM AND RECREATION IMPROVEIRMf DISTRICT (PD-85) AND BETTING A TIME AND PLACE FOp PUBLIC FIEARINO TIQREON city Council MLnuies Nay i6, 1990 Pnga 12 MOTIONr Moved by Brown, seconded by Alexander to approve the Conasnt calendar with the except ion of tram D26. Notion carried unanimously, 4-0-1 (Nright absent). w • w . . . DI8CV88ION OP ITIDI D26. Approval of Map, execution of Improvasgnt Agreement, Improvement Security and Ordering the Annexation tc Landscape Naintananca District No. 1 and Street Lighting Maintenance District Noe. 1 and 2 for Tract 13316, located at ihs northeast corner o[ Archibald an6 Carrarl Awnuea, submitted by Priedman Homes. Vincent Pritch, 5217 London Avenue, stated ae did not agree molts tea staff report es ii related to the pipe located underneath hie property because taey pre more concerned with the day-ta-day run-off of the Tract 33336 than they era with the emergency storm drain project. Ne also referred to previously prepued staf! sports on tale project. Ne felt they would W negatively impacted by Ue project to tM north of the. Ha fait the Council ehwld adopt • Resolution tact would provide for zequlatione relating to dust control and veil erosion and that all proper qws W Laken to protect his area. He aLo elated Lacy saw circulated a petition which the council has copies ot. Be stated once more that they ate concerned with the day-to-clay run-off, the excu• water running down their canyon, which can cause • nuisance to hie area. Angelo Varlingo, 5207 London, stated he just recently purchased thin prODerty. Ne wtwtM he move n,.~ in.Aw au..r n~ ...w.~ •w........,- _ -- . agreed to with the contractor, and he had not perwnally been approached about whet moss being piennetl. Re stated he bought tae hams w1tA the intention of corralling It off to use it for horn property, ae stated he L net Ln objecticn to the euement at his property, but stated ae would like the pipe to W underground eo he does not haw to look at it, and to a level that he can still use end have access to his land. Ne stated he did not agree with what ass been proposed and would like to hew tae proposal chnngsd. Wilbur Caeklns, 5247 London, stated his concern wu his ailLide wuhinq away bseauea of tae amount of water running down it. Steven ford, repreeentlnq Priedun Homes, stated that the euern! that exist morose tMN people's property le an sueMnt to tae city that wu in plan prior to PrladeaD Hemea• acquieit ion of the p[Operty a fair years ego. He stated tW assent was put in place for future caster plan etas drain facilities. He stated Priedmw Romeo has had many setings vita the homeowners about the drainage Lnue and stated flare saw Wen smny cMnges in the original concepts of Lae grading, drainage, improvements, lendwepinq, ate. to accosodaq tW property owners' concerns. He city council Minutes May 16, 1990 Page 13 stated the drainage Seaua in particular has been referred beck to staff and design review to increase the sastheeic appeal of this drainage outlet to the property owners. Ne added he has worked with Building end Safety and Hngineering on the dust control issue as it relates to grading. He stated Mr. Friedman was also theca to answer any questions. ~.~~.: Councilniember Wright arrived at 7:50 p.m. 1R Ii.1R Mayor Stout asked James Hackman, City Attorney, what they can do with this. James Hackman, Clty Attorney, stated the item bcfors the City Council Se to process a final map, security agreement and improvement agreement. Ne stated he has tniked with Hnginaaring about this and was informal the[ they era in conformance wits all the conditions of approval, that their final map conforms to the tentative end the conditions, enl that is why it is here. Ha stated Lt was a ministerial item. Hs felt there was very little the Council can do on something like this at this stage, except make sure that what La presented is in eonforsunce with Lhe tentative conditions. He fall it St was, they ears mt in a position Lo deny the proem, that it was past the diecrationary stage. Councilmambar Huquet stated M felt uncamforta6le with who! has bean stated and would like to sec pravdou• Daek-up mnterial zegnrdinq ehls issue. Mayor Stout stntod hs aould lib to go look ai this protest, and also sw past Staff tanorta. inn h,Ai nn piwnninn rew.l.H nn .., ....~.. ,...r..__ r_ , _-_--- -_ -_. councilmamber Brown asked it they lnvestigats thin further end find the conditions of approval era mat, what can the City Council do. Jaaws Markman, city Attorney, stated ha felt the Council was campallad to approve this it it conforms Yo the tantatiw. Mayor Stout stated he was not comfortable Ln voting on this tonight because of the lsck o! Lnforma[Lon, but it other Councllmsmbers felt comfortable Lo vote on it, they could. Councilmsmber Buquet felt tby should look at this protsc! and qst the additional information. Hayor Stout suggeated thin coma back et the next meeting. Hr. Yrlsdeun stated b lair weryone tea bd plenty of ties to speak up about thL protect and hu not done lt. He tall they have done what the City has aentsd them to do. Mayor Stout stated Wcause of tb amount of time it has taken Lo get to Lb final map stago he did not think anoLbr three weeks would wally matter. ilr. lrisdman stated cut [low is a proDlsm for him. City council Minutes Hay 16. 1990 Pegs 14 Councilmember Alexander suggested this nutter came back at the May 29 budges workshop. Hayor Stout concurred. RESOLUTION NO. 90-204 A RRSOLUTION OB THH CITY COUNCIL OF TNH CITY OP RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVHMBNT AGREEMEM!'. IMPAOVEMBNT SHCUAITY, ACCEPTANCE OP OFYSR OP DEDICATIGN AND FINAL NAP OP TRACT NO. 13316 R830LUTION NO. 90-205 P3SBOI:.^. ZON OF TIDE CiiY COUNCIL OP Td8 CITY OP RANCHO COCAMONGA, CALIFORNIA, OPDEAIN6 THE ANNEZATION OF CERTAIN TERRITORY TO LANDSCAPB N1IINTBNANCH DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DIBTRZCT NOS. 1 AND 2 FOR TRACT 13316 MOTION: Moved Dy Ruquet, seconded by Alexander to continue Cho Ltsm to Nay 29. Motion Carried unanimously, 5-0. • • • x No Items subni[tsd. f f M • L P1. CONSIDBRATION OP 9TRBBT ADDRESSING ANO POSTING AEQUZAENENTS - an Ordinance amending the Aancho Cucamonga Nunleipsl Coda Dy rnisinq street address aasignmsnt and posting taquirrwnts. StatL report presented by Jerzy Grant, Building Official. Mayor BtouC Opened the as:etin9 for puDlle hearing. Thera Deinq no response, the public hearing vas closed. ORDINANCE NO. 41B (lust reading) AN ORDINANCi OP TBE CITY COUNCIL Ol THE CITY O/ N11NCB0 CUCAMONGA, CALI/OMIA, AMEININ6 Tffi IUINCNO COCAMONGA MUNICIPAL ODDS SY DELETING PORTIONS OP OIIN BEMAi1DZN0 CODNTY PROVIEI01f3 ADOPTED BY ORDINANCE NO. 17, ENTITLED ^POBTINO OP STREET NUMBEAS^ AND SY ADDING CRAFTER 8.26 {NTITLW "STREET ADDRESS POBTZNO", TO TITLE S OP SAID RANCHO CUCAMDN011 NUIIiGZPAL OODE Debts J. Adams, City Clssk, read the title of ordinance No. 418. City Council Hinutee Nay 16, 1990 Pago 15 MOTION: Moved by Wright, rscondrd by Alexander to waive full reading and eat second reading of Ordinance No. 418 for Tuna 6, 1990. Notion carried u nanlaaurly, 5-0. w ~ . w ~ w F2. CONSIDSAATION TO AMHNO CHAPTERS 26 OF TH6 AANCHO CUCAMONGA MUNICIPAL CODH BY A]D'NG N-H SECTIONS B 24 060 B 26 090 8 24 060 AND 8 24 070 PERTAINING TO GRAFFITI REMD9AL A'ZD THE SIDS Qp AEROSOL PAINT Statf report presented by Duane esker, Sr. Administrative Aerietant. Nayoz Stout asked if it was possible to erteblleh the award amount to be handled on a case-by-case baeir through a Resolution instosd of ~____inq „ ..a ~ -0.00 awacd amount. Jaawe Markman, City Attorney, suggerird the Council sot a fixed amount. Duane Baker, Sr. Administrative Auiatant, euggestad thry set a minimum amount of $100.00 and then qo Ergs theca on a Caro-by-caro basic. Mayor stout concutrW with this. Councllmember Alaxandrr felt anonymity ear also important. Jamer Hackman, City Attorney, stated tM prwn mould rtlll havr to Urtify. Mayor Stout opened the meatlnq for public Input. Addrwww7 nn rl.. ~~~..~!± :. __. Lewir Trout etatrd he agreed with Councilmambsr Alexander's coament^.an the anonymity isrue. Councilmsmber Nright concurrW also. Jaaror Marknun, City Attorney, rtatad tM Ordinance doer not atsie that the pereon'e name hat to M rrvealad. Thorn 1»inq no rarponar, tM public hearing wu cloraQ. ORDINANCE MO. 419 (Cleat reading) AN OADINANC6 OF THE CITY COUNCIL OF TAB CITY OP AAIIC7i0 COCl1MONOlfr CALIPOANIA, AMENDZHO CHAPTER 8.24 OF TRS RANCHO ~LCaMOSOA MUNICIPAL CODs BY ADDING NEN HBCTIONB 8.21.010, 8.2{.050, 8.2{.060 AND 8.24.070, PERTAINING TO 6MlFITI REMOVAL AND T!Q SALE O/ AEROSOL PAINT Debra J. Adams, City Clerk, read the title of Otdinancr No. 419. NOTIONI Moved by Nright, arcondad by Suquat to waive full rradinq o[ Ordinance No. 419, and set racond roadinq for Juno 6, 1990. Motion carried unanimously, S-O. CLty Council MLnutea Hay 16, 1990 Page 16 w . • ~ . F3. :"ONeIDBAATION TO DESIONATB 6ELLA VISTA DAIV6 AS A PRIVATE STREET AND EREMPTING TER ABUTTING PROPERTIES FROM AHOUIRBMENT9 SET POR'PEE IN CEIAPTER 12.08 of T MaNEi~ ICI PAL CODE Btaf[ report presented 6y Nalt Sticknay, Associate Civil Engineer. Mayor Stout opened the meeting for public hearing. Addressing the Council were: Larry Upham, 8373 lblla Vietn, stated thi• item Se vary •lmilar to the Strang Lane item taut Lhe Council had approved at their last meeting. He stated the residents era willing to take care of the maintenance of the street as nawac. xs rest the Raaoiution ehovid stets aslia Vista Road instead of DrLOS, end added he supported staff ~s zecommandation. Hsi Morris, 8401 Bella Vista, stated ha eNS no need to lava it fully talon over. Ha stated ha agreed with having thin approved as a privab arrest. Thera being no furtnar raaponn, iha public hearing was closed. RESOLUTIOp HO. 90-224 A RESOLUTION OP THE CLTY COUNCIL OP THB CITY OP RANCHO CUCAMONOA, CALIFORNIA, DESIORATINC BELL11 VISTA DRIVE AS A PALVAT6 STREET AND ^XEI@TIN6 TER A3U1'TIN6 PROPERTIES FR011 __-. ______,__ _~ RnRTe Tw nva OTRO 17 nA nR TPR MIMTRTPIT. fYNIR MOTION: MovW by Nright, wcondad Dy Brown to approve Raaolution No. 90-224. Motion carried unanimously, 5-O. Aus• Maquirs, City Engineer, stated they will add the comment to iha bottom of Exhibit A ea Lhay did for the Strange Lana Raaolution. • : • • . F6. COM°IDBRATION TO DESIGNATE SCOTT LANG AS A PRIVATE BTR~T AND tEEMPTIND THE 1LU1TIN0 PROPERTIES lAON REOUIRt1RNT5 9ET FORTH IN CHAPTER 12.0$ OP TER NUNICLPAL CODE stet! report prsunts6 Dy Nalt StLekMy, Aaaociata Civil tnginaar. HRyor Seout opanafi the crating for public hearing. TAara twing ao response, tiw public hearing was olosed. Councilasmhar Nright asked if there had bNn any communication from the school Chat la nearby. Halt Blicknay, Auxiata Civil Enginmr, siatad they Raw no rwrivW any comsunicKion aDOUt tAla. City Council Minuiee Nay 16, 1990 Page 17 Councilmember Brown asked Councilmember aright if she felt the school should receive cotmounication. Counc ilmember Wright stated she would feel batter if the school was aware of this. William Nunes elated that this street does not go through. Councilmember Wright stated she was concerned about evacuation, but Hr. Nunee had addreeeed her concern and was comfortable with this. RESOLUTION No. 90-225 A AESOLVTION CP TH8 CITY COONCIL OP TH8 CITY OF RANCHO CUCAMONGA, CALIFORNIA, DBSIGNATINO SCOTT LANH AS A PRIVATS 9TAEHT AND EEHlIDTING Tffi AHUTTINO PROPBRTI88 PROM ABQUIRSMBNTS 58T FORTH IN CRAFTER 12.08 OP THE MUNICIPAL CODE MOTIONt Moved by Buquat, aecondad by Wright to epprova Rweolution No. 90-225. Motion carried unnniawusly, 5-0. • • • x F5. !'ANS:DERATION TO ANHND NAPS TRACT NOS. 13569-1. 13565-5. 135b5-7 AND 13565-8. +r^ T8D NORTH OP UMMIT AV[ E T OP N Rn R B . n±x RO RHSOLUTION NO. 90-226 A RESOLUTION OB THE CITY COVNCIL OP THE CITY OF RANCHO CVCAMONCA, CALIFORNIA, APPROVING Al~NDSNO TRACT MAPS NOS. 13565-1, 13565-5, 13565-7 AND 13565-8 Haycr at out el elan lh iw itwm haw hwwn rwqueetwd fn hw <nnt Lnawd to the dc.^.e °^, 1990 meat ing, and that ha would like Wore information on thin. MOTIONS Moved by Alsxsndar, seconded by Euquat Go continue the item to the .tuna 20, 1990 aratinq. Motion carrlad unanimously, 5-0. • • ~ • • w P6. CONSIDSRATION 08 AN OROZRAACC OF THE CITY COVNCjy._QF___~~IIY OF AAI9CH0 CUCAMONOA AMENDING BSCfION 12.08.050 OF TFDS xaMCRO Lrtr • NOA M rwI -IP r. CODE PERTAINING TO EExMPTIONB FROM PEOUIPxuxxT TO CONBTADCT PrBLIC I PROVxMENT9 Stalf report pruantad by Auu Maquin, City snginaar. Mayor stout naked Lt Chia included the dedication raquiramsnt. Auss Maguire, City Lngineer, atatW no. Mayor stout asked L[ the City could still require dadlcation. City Council Minutes May 16, 1990 Page 13 Au se Mnguire, City Snginwr, stated dedications era still required. Jaws Harkman, City Attorney, stated shat the City requires era Offers of Dedication. Mayor Stout asked if the lint of things that would triggae thin wchmiua, would it 6e possible to add a provision that the nlteration does not cause nny addit Sonel traffic of safety consequences, because he fait eowtimes a small change can cause a lot of problems on a traffic or safety issue. Rues Maguire, City Hnginwz, stated that wee the infant of saying do rot {nt wnP{fv thn non. that {n.es+f,....,-- .. ;,' '„~ _,;_, „~..,,. . . ,. ___ .._ _ r_.. ifeme. Jaws Markman, City Aitornsy, stated shat thin eswntially means is more people working or coming to the property Decauw of the addition, but that they didn't cant to ]ust say intmaify tM ues. Mayor stout did not twl any use should W sltered eeusing public safety problems. Councilmsmber Alexmdar felt public ufsty concerns should Ds added. Mayor Stout concurred that M did Prot think this should clip Dy. OADiNANCi NO. a20 (list raadinq) AN OAOIMAMCa OP TB7 CITY COONCIL OP TNa CITY OP AANCNO NCAMONOA, CALIIORNIA, AMBNDII33 9ACTI011 12.03.050 OP TH6 RANCHb COCAMON011 MOMICIPAL COOS PiRTAIMIMO TO YXSMPTIOMB PROM RSQUZR6!@NT9 TO COIiSTROCT POBLIC IMPROV6lRNTS Oabra J. Adams, City Clsrk, reed the title of Ordlnmes Mo. 420. Mayor Stout opened the awtinq for public hesrinq. There being no rwponN, the public hearing wu closed. Mayor Stout asked that additional lmquaga G Drought Daek for second reading. Jaws Marl®an, city Attorney, stated additional language should G added to item A stating •slbrations would net SnUmify Ua ues of iM lwlldinq or atrvCture or generate a greaser hasard to public heaith or eafety.^ MOTIONS Moved by Alexandee, wconded by SsoMn to waive full raadinq and eat wcond rwdinq o! Ordinmea No. 420 [or June 6, 3990. Motion carried unanlmoualy, 5-0. • • • • R :h City Council MLnutee May 16, 1990 Page 19 G1. ORDINANCE NO. 421 (first reading) AN GADZNANCB OP TN8 CITY COUNCIL OP TNS CITY OP AANCNO CUCAMONGA, CALIFORNIA, AMBNOIN6 SECTION 2.12.010 OP CHAPTER 2.12 OP TITLE II 08 THS RANCHO CUCAMONGA MUNICIPAL CODB PERTAINING TO TNB LOCATION OP CITY COUNCIL MSBTINGS Mayor Stout opened the meetLng for public hearing. Thera Ming no raaponea, the public hearing was closed. MOTION: Hovad by Buquet, seconded by Brown to waive full seeding end ssi eacond reading of Ordinance No. 421 for June 6, 1990. Motion carried unnnimouely, 5- 0. RE80LPfION 110. 90-227 A ABSOLUTION O- TIR CITY ODUNCIL O- TBE CITY OP RANCHO CUCANONOA, CALIFORNIA, DBTBAMININ6 TNB DAY AND TIME O! CITY COUNCIL MEBTIN08 MnTTON, MnoM ho Rr~mm. • nnAaA Ia, >la~>nAa~ •n ~ ..a o~.nl••H n.. v_. _. __,. Motion carried unsnimoualy, 5-0. w s • + H1. 9VERVISN OF CODE ENPORCEMERT PAOOAAN etdf report preontad Dy Aichard Alcorn, Code Hnforcament Suprvisor, who also preontad • allda praontation. Mayor etouL opened the meeting for public input. Addrosing the Counell acre: Ron Eiebarth stated they were present to provide the Counell with en organised view of this loos. David iong, 13021 Yiata, crated M rasa ived a citation leak weak fpY s boat and motor hpea M htd parked in the front of hie property. N~ added there are hoars in Macho Cucamonga that do not Nava access to tMiz Dackyarde [or RV vahlclee, and tlut if he had io park his RV in an RV park, ha would not have CM awry who to take hls Doat out when M wanted to. City Ccu ncll Nlnutes May 16, 1990 Page 20 Tim Heck, a Yesident since 1977, stated in 19@8 ha had bought a new motor home and parked it in nn AV park where it was damaged. After that he moved it back to hie home. He asked for the city to build an AV park for the residents. Alan Carver, 10173 Candlewood, stated he has en Av perked behind a fence on the aide of hie house. He etnted he dose not sae a problem with parking them in the front yard as long ae it dose not block someone's view. Ron Hodge, Rlueman Avenue, Pelt it would be a good idea to have permits fnn lanrw.na.y nar4i nn of PV~p to ~h. f.nµ ...w w. sAd.A fin haA rnrolvnd a citation for parking hie trailer on the street. Nicholas Crow stated he did not agree with an ordinsnce that would not nllow you to do sometRinq DsCauN of esetRetics. He Eelt tRe ordinance wee inappropriate. He also sdded he stores emergency eupplLa Ln hie RV. Sd Vadnoy, 9122 Real, thanked Brad Buller and CouncilmamWr Wright for a situation they took care of for him on New Year's Day. W stated M dose not have en RV, but felt a resident should W e11owW to park their RV on their own property. Roiand Brown, 9212 San Bernardino Rond, felt people should be allowed to perk AV's on their own property. nee pea ann 70Aa snw.RnA s.~.A .n. n...nnt .nr fi. on ,.. w... w.ns yard bacauu aha Ru no acceu to get Lt to iRe back. she also reported on RV insurance and haw expensive Lt was. Ronald Campfield, Malachite, stated Ra did not tRink the city should be eDle to make someone move their RV out of their own property. He stated ha does net have the ewce to put his Rv in hiw Rack yard. Sally Mnsaglie stated eM le1L the ordinance should u kept as ii is. Reich conard, 9173 Gndlewood, stated he keeps his RV perked at tRe aids of Rle Rouse end that he cannot at[ord to store it off hie ptemips. Ha felt it wss good rscrestlon Eor Ris children and didn't want to give it up. Jana ShLFta. 8661 Orange, at ated ehs dws not own an AV but that there were soau in Rer nsigbDOrhood tAat do not Rave acceu to tMir back yard. She added she due not Uke ofGnp to AV' • being parked Ln eomwne' ^ front yard. John Nuin, 8165 Cornwall, stated he Ree • boat in hie front yard. Ne [ale you eROUld W able to peek AV'• in your front yard. City Council Minutes May 16, 1940 Page 21 Beverly Chodie, 9609 Almond, stated she owns a boat and that the RV ordinance is infringing on her rights. She stated she waa reported by a neighbor. Shs told about the many people eha hoe talked to who have RV's. She felt RV•s Ahould D0 able to be parked in their front yards, and that Lhe ordinance should be amended. David Fletcher, Involved in reel estate bueineea and resident of Rancho Cucamonga, eteted that people do look for a place Co park their RV when purchaeing a home. He stated name people have had Lheir RV's stored at their residences prior to the ordlnance Doing approved. He felt RV's should be able [o be parked in their front yards. Betty corgis of Rancho Cucamonga felt people era being harassed because of this ordinance. She reported eDOUt a neighbor she had that did not like her RV and e11 the tsrrLDle things they did to her family. She felt this ordinance waa opening up more haraeement e. She did not teal RV•6 parked at a residence would drop property values and would like Lo see the ordinance evwnded. Ron siebarth stated he Eels it waa time to paten to the people and chsnge the ordinance raLtlnq to AV's, 6oata, etc. He stated that ha could lilu the ordinance emended. He auggeated if tM Council would let them park their RV's wMre they want, they would emke sure the area around it is maintained. Re asked for • moratorium of nny further proeeuinq of complaints until • deeLion La resched by the Counofl. He stated he has contacted all RV lots in Rancho cucemonga and there were no apncea available. Ne then coot aciM of Der enrmnnAl nn nl rl.. •na n.... ou parking lots end found there to W a total o! 14 available space s. Hs stated ha did not feel these was enough epees available in Aenchc Cucamonga to park AV's. Ha ssstad there warm soma people that would not sign the petition because they felt Lt would open the City's eyes up to them having an RV end would W cited by iha CSLy. He acid there were same Clty employws that did not went to sign the petition beceuw o! working Eor the Cliy of Rnncho Cucavonga. He added that Che!!ey High School Oiatrict L suggeatinq that pecple with motor homes atoce emergency eup>llaa in their motor homes. Ha stated it waa time to change the ordlnance. Dale Starbuck, repreeentlnq the Oood Sam Organisation, offered his organisation to aasirt with the rrwsii inq of the ordlnenw. Doug l,ara, 7237 Parkaida Flats, felt the ordlnance was 8iecrvoinating against AV owners. He felt this should M put to a vote of LM peopL. He felt Lt wu a hardship !or psopU to have to storm tMlr AV's away tram !heir hamea. There being no furtMr reapona, the public input aeulon wu closed. Councllnmber Bsown auhmitted • letter !or the record from H. ^. Phy. • • • • • . City Couneil Minutes May 16, 1990 Page 2Z Mayor Stout called a recess at 10:05 p.m. The meeting moos called back to order nt 10:10 p.m. with ell meadwre of Council preeent. e s • n Mayor Stout stated this iaeue ie a planning issue and euggeeted that this issue be reviewed to reach a reseonable compromise. He euggeated this be referred to the Planning Comsiselon end that there be a moratorlw until a final decision Le reached. After this goes to the Planning Coa®iaaion then it can coma back to the City Council with a zecommandation. Councaimember n vuyyvv¢w wv¢ lmaP.o ........... .........._______......__....... put on hold forrthe time being. Councilmember Huquet stated ha would like additional information on avellabla RV apace in new development. He added hs had a problem wiLA a total moratorium. He stated he agreed with Mayor Stout's comments, but wanted public safety considered with regards to the moreioriw. Councilmw6er Alexander concurred with Mayor Stouts suggesiion. Mayor Stout Yelt Chai the Public Safety Commlaaion should also look at this for chair input. Councilmambar Wright stated aM did not feel Lt needed to go to the Public safety commiulon beoauu she did not think atrwt parking was the Lava. TF.e audlmce axpreued their concurrwca. A gentleman from the audience stated he had bean cited by the Rancho Cucamonga police Department for having his RV parked on the street. The council concurred this needed to bo looked at also. Councilmsmber Wright stated she now undsratood why tN Public Safety CommLsion should get LnvolvW. Someone from the sudLnee eked what the time frame mould 6e for ehla review process. Mayor BLOUt felt approximately 90 days would W reawnable. Carlos Powaugua brought up tM Lew of how long yov are allowed to park on the street. Mayor stout asked that the Polies Department ha -dvisad not to wlores the one hour pasklnq provision. • • • • e City Council Hinutee Nay 16, 1940 Page 23 The Council adjourned to 8racutlve Seeeion at 10:39 p.m. The meeting wee called back io order at 10:51 p. m. wlin ell members of Council present. H2. AwO1noST BY HOMEOwNBRS TO AODR_SS CITY C^ - {Oral Diacuaaioa) Jeme9 Markman, City Attorney, stated that at the last Council meet inq hie office was directed to file a lawsuit which eaeentinlly would attempt to grind to a halt the activities of Nordic Development in the City of Rancho Cucamonga based _ __ _.._ -____- -^+--^^- .^~ r..ht ..n. +-he., Have created that have bean documentad~~"He stated they have met with Nr. Rato, representing Nordic Developamni, since ihet time, even though they era still in the process of generating the lawsuit, and in the interim a proposal coma fortn from Nordic which was suggested to the Council, who has unanimously concurred to try to settle this in lieu of filing the lawsuit. He stated the proposal would W foz the City of Rancho Cucamonga to rsLue either two or thrw hams prior to the completion of the public impcovements or other restraints for occupancy, so that escrows can close in Woods II. es added the nsC proceeds of those funds, rather then going to contractor's with liens or banks with loans, or limited partners, would Dy agreamsnt with Nordic and tnow neceuary, W assigned into an escrow account, which would W controlled by the diaburaament of joint cMcb ^igntd by Nordic and the City of Rancho Cucamonga. Na stated tF.e proCeada would bt used solely to o[fer an opportuni[y to tM psnona whose roof and structural problems tomato, oz Mr. Huggins, if he dulru, to cover the costs of rapalrinq Y A....n .j..r ______. 4. Inl• lY _ .nnrVA _..1 ..~ •FI. V.. ...l ll. .. raaolut ion to^so lva the problem. He stated there is litigation going on between the homeowners and Nordic end ha didn't know if under legal advise, uhsther they would want to take advance of those escrow funds if available. Hs ai etad ins amount of money would need to ba worked out that would secure the repair work. xe mentioned Nordic would bs working with Jerry crart'• etaf[ to caa» up with a conservative rigors to achieve the purpose he juai stated. Jens Moser, boyar of {198 Narmou, atetad they ors without • home and now hu six days to clou her ucrow. Sha asked that lot 26 W looked st and released if ponlbU so thy' could move in. Shs added she wu told last Auquat the City could not atop Nordic Ergs building, end yet today ens sass this happening. Jema^ Nsrlcaan, City Attorney, atatad Nordic's activity in one area La wbjaot to cortain ramadiea, chair public imorovament problama and all the rut, and thst shat you can't do is shut down their activities at other place. Ne stated he hu direction Eros the Council to attempt to do this through • court order which supersede shat wu prwiowly uid. Hs stated they era still trying to solve the problems. Hs stated In the inbrLa, ^e rtalad the Coungll hu adoptW a policy that until all tM public improvaawnt wck !s done on a lot, • certain number of hoses would not M released for occupancy, whleh !s tAa policy roar he put tMir lot In the situation it fa ln. Hs Lett 1! tM City Se able to work out the proposed agraemant with Mr. Seto, that it should hasp her ^itvatlon. City Council Hinuiee May 16, 1990 Page 24 Mrs. Moser also expreeeetl concern about the percentage of houses that can 6e held. She felt she should be notified of any holding of unite. Ruse Maguire, City Bnglnmt, explained thle proceea to Mre. Moser. James Harkman, City Attorney, stated it this agreement le worked out in order to resolve the lack of funds for the other morale to fix these houaee; then that will be a new agreement that Council makes which ie a deviation that Hr. Maguire just at aced. Mre. Huggins stated Der attorney ie working on a trust for the repair of the homes and that they do hsve a lee pendense (opal) on the property, and lI Lhn Iv yvuuniiw .--.. -, hFn hn____ _~_ _!1 __ _ James Markman, City Attorney, stated that supposedly Nordlc•e tit la eaopany Sa going io lesua him title insurance and tale the heel on the vel idity of the lea pendenee. He stated if Nordic does not come through with the proposed agreement, the City would qo ahead as previously directed. Mr. Moser asked how his home got held hostage. Ha asked why the builder ie still Du ilAing Ln ihs City. Councilnember Baguet stated he would have helped Nr. Moser if hs had been to the previous Council meetings to hoer what has happened the last few months. Mr. Moser expressed hL frustration with rupact o[ getting moved Lnto hie delivered to them. Na stated ell theywwant to do is-close their escrow. ACTIONe James Harkman, City Attorney, stated they will try to deliver the agreement with Nordic to the Council ea stated above. N3. CON9IDBRATION TO RSVIEil IMPROVSMBNT AGASSNBNT SRTENSION A_s0tl69T POA TRACT NOS 10827 10827-1 a 10827-7 +x`aTSD ON eat wITA DRIVE BSTNSSN l N At '^'a AND HSRM09A AVSNUB. StlBMITTRD BY R6LC0 INDUSTRIRS James Markman, City Attorney, stated ha hu bean working on this with !ha City Manager and city t~ineer. Ha stated there have bwn about [hrN of tour sxtsnsions on this tract, and that whet ie left to do !s the equestrian trail anA the la0deeaping on the trail. He statW there have bwn debates between the developer end sta[t ea to who L nsponsiDle for thin work. Ne stated he has closed on a letter of credit of over $1,000,000.00, and that there is only about $60,000 north of work left. He stated the bank has not responded to tN letter of credit by paying tM money. Ne stated he did not feel thL was a praoticel solution becauw of poui6le litigation. He added a of about 500 p. m. toAay, the developer rulizee his obligation anA hu askeA for the exisnaion. He stated M is in favor o[ granting i! a long as they male i! clear Sn the record they era zaapondble. He stated atilt now recommanda continuing this to the June 6, 1990 meeting. City Council Minutes May 16, 1990 Page 49 MOTIONS Moved by Brown, seconded by Alexander to continue the item to Juno 6, 1990. Motion carried unanimously, 5-0. x " : • + Items H4, HS and M6 werw eoneidered together. H4. ~`SIDERATION OP ANNEKATION 90 O1 TH8 CITY OP RANCHO COfD1MONGA - A reque9t to expand the boundaries of the City Sphere of Influence by approximately 1,155 acres Ln Private ownership above the National Poreet boundary in the vicLniiy of Day Creek and portions of the San Bernardino County unincorporated area east thereof. Staff report presented Dy Hiki Brett, Associate Planner. Mayor Stout etatad that ha hoe found an error on pages 249 and 444 of the agenda packet which needs to W sddraseed. He ataied that Stem J on page 329 where Lt eaye "poi ice protection La wrrently Wing provided by the Sm Bernardino County sheriff •e Rancho CUCSmonga 9ubetstlon^ ie incorrect, Decaue Rancho•• substation dose not provide pollee protection to Lhe unincorporsted uses. Ne added one- half of it Le out of the Chino HS11. 9uDetation and one-hal! Se provided out of the Pontane Substation. Mayor stout added that this le tW came situation on page 444, item J, chat the police protection for that area ie not provided by our 9uDetation. Ne Cleo brought up item M seletinq to animal control on both of these pages, which atatee "Animal Control is provided by son esrnardlno County. Upon annexation San sernesdlno County will continue to provide Animal Control Services", stating thle le not eccursW Wcaue tW City will provide the Animal Control services on contract now, and will provide our own eervl nw as soon as our on facility L complete. Jack Lam, City Manager, etaied the County provides service for the City under contract with the City. Councilmembez Brown askM it euruntly the Piu District provide ervice to that are, eo would it Change under Lhe annexation. Bred Buller, city Planner, etatad the anneation o! tW spWre des not change the District Dounderlee for lice protection, annexation Into the Cify mould cause a need to Wcome past o! tM DLStrlct. Chief Michsel, lire Dlstrlet, ststsd that right now that arse L• served by Che California Department o! loreetsy (CD1), and added it there ween't going Lo W say devwlopment In Chat area ha did not think it was nscsssarily prudent to change this, but that it would W an iew !or CW Board of Directors to consider. Covncilmaeber Brown felt ChL was something to consider. Bud Bvller, City Planer, stated tW reuon N• want to brln9 it Lnto pus planning sphere le beeaue tW County will allow dsvelopmenl, and onM develop hepgns, the RancW cucsmongs lire Dielrict will hew to expend its 6oundarLes to include Lt. He elated that one way or tW otMr, unlsu the City tskee !t City Council Hinutee Hay 16, 1990 Pages 26 out and puts it into the City'• planning, the City's goal is Lo make it open apace end not to allow the development to encroach on acme of the canyons where it ie currently allowed under the County. Councilmesobez brown suggested that item X should he reworded eo this ie clear. chief Hichael, Pire District, stated whether the area ie annexed or not, the District ie still responsible for protection in that area. Lewis Trout stated ae the representative for [he Sierra Club, he would strongly support this area being under City control. .Toe ^1IOrio read the following letters into the record: "The Ceryn Company Poet Office Box 236 So. Laguna, G 92677-0216 OfLica (714) 499-5929 Pax (714) 499-5173 Hny 14, 1990 Hs. Miki Brett, AnociaLa Planner City of Rancho cucemon9e P.O. Box 807 Rancho Cucamonga, California 91729 Res annexation Ros. 90-01, 90-02 and 90-03 Deer Mikis Thank you for sanding a copy of the Staff Report on the Intent to Annex. I have fusthsr distributed the information to acme of the other landownue. As Input into the City Council'• diwuuion thi• Nsdneaday, I u contidmt that all of tae landownus wish to remain cooperative with tM City and shat some or all may wisA to anon into the City at a later deh undo the proper conditions. As we've dLouued, it the City is preparing tM Intent *_o Anna: a preparation for • pouible future Lriendly annexation(s), than the Council's actions may G appropriate. It the intent U to aaaahor force an annexniinn, it's the lardownarw' underaundinq of the law that it'• the vote of the landowners, both private and public, within tM proposed annexation uaa that duezminss whathu the lone can wan W put to a vob. IL put Co • vela, the landownus ere the only eligible voters, end their voting righb prwsil. It your views Qilfer, platy oonLSCt ms. I will W nappy to discus the matter further balers or at Ihdnesday'• City Council meeting. City Council Minutes Hay 16, 1990 Pages 27 Yov re truly, /e/ Joseph N. D1IOi10 President JND/jae" "Joseph N. DiIOrio Poet Office Box 216 so. Laguna, Ca 92677-0216 Office (714) 499-5929 Fax (714) 499-5173 City Council Hembera City of Aancho cucsmonga Res Annexation Nos. 90-01, 90-OZ and 90-03 Dear Council MamDerss In addition to say latter of yesterday to Hlki Brett: I continua to do a la! of soul aearchinq on the annexation quention. Pourtaan yaara ago those of ua aW wares working to incorporate the City wanted what i• now Stiwanda NortA to W part of the CSty. I at 111 would like to sw font happen, but more than that, I want Btiwanda North oronerly olannad. respeMinq the rights of all who srs involved in the process. In iheae peat 14 yearn, I have been involved in much of the regional and apecitic plaminq that affects thin area. Prom that experiences, given currant conditions, I agree with the other landowners sponsoring the Btiwanda North 9pscitic 81an that the protases will work bettor and the and product will W Wtier if it•e completed in the County and not the City. It'• ouz opinion !Wt acmes City standards, whole honorabU in ineiz Lntent, are applied too arbitrarily to produce the highest overall standards. Prsxeas in the County, I believe the specific Plan can respect • zusonabU inUrpretetion of toes Clty•• atandarda but with ogre flexibility to balance conflicting atandarda end obysciivea to order to produce CM Wes! overall plan while rnpaciinq a reasonable interpretation of iM landowner legal righb. 2 would ilia to change my opinion, but it a complete annexation is to happen, thorn moat of the otMr Landowneza Ww to W convinced. TM largot and most critical Lntlowner Sa tW County riood Control District. To expect the County to vote to hand over control of owr 1,000 asses of valuable and wnsitlw property althout a reaaoneble suurance of what alit happen to chat land la asking toes county to neglect it's fiduciary and Ladetahip reapomlbility. To concurrently make Lncorrec! and 1nElammatory statements that the County ie allowing inadrquate roads and flood control lacilitiu to W milt U not productive. City Council Hlnutaa Hay 16, 1990 Pages 28 The City can't force thin annexation. I! were cmparatLw, diffarwcea could M tolerated, if not reaolvad, for the goal of seaponaiDle plowing. It were lacy, ultimately uoat or all of Etiwenda North joins the City, just like what thou of ua oho wra Rare 14 yaara ago awted. L look forward to tea City/Landowner meeting called by the County fot Nay 22, and would M happy to anawr any queationa now or later. Respectfully, /e/ Joe DiIorio JHD/j ae^ Councilmamber Brown aakad if tM daneitiu mould M higher or lover. Lorry Handeraon, Prinelpal Plawar, atatad they would M lower. Councilmrbar Brown atatad aM would naafi additional Lnformatian an the mat of serviwa for tM hors. Mayor Stmt stated ha felt tM City's plowing prxau wu raawnabL. Ha also ducribad Chi City's danaity procau. M atatad the CL[y doaa do thi'pe dlftarwtly than the County hwauw tM procao La ditfarent. Nayor Stout atatad M did not Mw a pwblr with Mc. OlIOCio wantiaq to dawlop in CM Cmnty it M daairaa, but M did Mw a proDir with his wnaxinq tMw •.an~e ~e~n mow. raw 1.e,...... www .....M i,r. o.....w....~............ ,. ....... v. atatw Rancho Cucamonga does do things diftarantly. CounciLnember auquK Kakad ha agraad with Mayor stout a Eaz a Lf the county Sa going to approves aoawthinq and it L Bona under County alandarde, it Sa in the Clty'• Mat intaruta to awes: LM land. Cmncilmrber Brown fall tMra wra a lot of alNrnativaa to mnaidar it thin La Bona in LM Clty ratter ihw CM County. Cmncilassbar Nright aakad Nr. DiIOrio why thin wasn't Lncludad Sn tM original anneratiw. Nt. DiIO:io atatad it au Moauaa of tM problw of providing lira arvica for tM area. CmncLlarDar Nright atatw Mt eoncarna wrap 1. Can tM City, under tM mrran[ ryatr wa haw, proviG lar anfozcaarnt for Chia ataa7 TM anaaer La no. 2. Nill thin area haves Le pay to an uaaaarnt diatriat on tMir tax Dill fot lea antercasan47 City Council Ninutea Hay 16, 1990 Pnga 79 The answer L yu. 3. Dux any oihei aru ouUide this propoaad anuxation, or the moat recent amued eru, Nava to pay for law mforcement7 Tha gnawer !a no. 6. she asked ii a complaint or inequality be raieadt Tno gnawer to yes. 5. Cart the tea be increased without voter approval? TM answer ie yra. she felt yaople should not have to pay for law enforcement no matter whet, and that if the City can~i aervm them, than w• shouldn't take the in. 9M said aM did not want this to M under tM County, but wants to M Lit aM find anotMr way to provide law enforcement eervicaa to iheee people and net haw an auuament district on them. Councilmember Brown eryreaaad her concerns for police urvine Minq given to this erect if it ie not annexed, and would lilu it investigated. CouncilmemDer Wright asked for furtMr elarilieation oL this piles. RE8OLOTI0N NO. 90-278 A R68OLUTI0N 01 Tes CITY COONCIL OP THE CITY OP AANCNO COCAMONOA, CALIYOMIA, OP INTENT TO ANNEE 1,155 ACEEE OP TERRITORY INTO TX< IUNICHO COCAMONOA BPBERE 0y INILPENCE (ANNxI11TION 90-01) IN PRIVATE 0wNEA8BIP ABOVE TR NATIONAL IOREST BOVNDARY IN THE V;CINITT O- DAY CAEEIt AKD PORTIOIIB O- TBE 9AN BEAIIARDINO CODNTY ONINCORPOMTED AREA EAST TBEEEOP NOTIOq, Nooed by BuquK, seconded by Nright to approve Rewlution No. 90-778. Ibtion curial unenimoualy, S-O. Counci lsawa claritied that this ie not voting on tM polio uweeamnt dietziKe. JACk LY, C ~Yanagar, orated no, it due not put !hr ie • polio CPD, that 1L Nould Mw Lo M tM City Cunoll that world haw to make Lhat deofelon. • a ~ NS. - A requui to annex appsoximahly 3,700 ecru of urbanising territory in eM asp querally loratad north of tM exieiinq city limit, weer of Etiwaeda Awnw and ue! of Milliken Avenue. etatf report prnmted by Niki Eratt, Aaaoeiate Planner. City Council Minutes Nay i6, 1990 Page 30 A680LOTION NO. 90-249 A RESOLUTION O! TEE CITY CODNCIL O! THE CITY O! EANCRO COCANOIiDAr CALIlOAl1IA, O- INTENT TO ANNBS 3x700 ACA63 O! URSANIEIN6 TERRITORY (ANNBEATION 90-04) IR THE AREA CBNERALLY LOCATED NORTH O! TEE BYISTINO CITY LIHIT, NEST O! ETINANOA AVENVS EED EAST O! NILLIIOIN AVENGE H6. C~NSIDSRATION O! I~NNeZaTION 90-0'+ - TIR ITY O! _ A request io annex approximately Z, 556 seas of urbmizinq territory Ln tM area generally located north of the existing City limit, enst of Etiwenda Avenue and west of the existing City limit. Staff report presentee by Hiki Erntt, A680LUTION NO. 90-230 A ABSOLUTION 01 Tet CITY ODUNCIL O! THE CITY O! AANC~ CUCAMONOA, CALIlOR11IA, O! INTENT TO ANNII 4,SS6 ACAEE O! URBM7IEINO TERRITORY (ANNEEATION 90-03) IN Tes AREA GENERALLY LOCATED NORTH O! TNB EEISTIN6 CITT LIHIT• EAST O! ETINANDA AVEIIDE AND MEET O! TBE EEIeTINO CITS LIHIT NOTION, Moved Dy Baguet, seaoMed Dy Brown to approve Resolution Nos. 90-449 and 90-430. lotion carriW unanimously, S-0. • ~ I1. CONSIDERATION O! APPOINTl0lNT O! ONN NRL TO !I VAC OY OA TH6 CouncilmsMer Nright slated for LM record she thinks JoM 141ctur'^ integrity is beyond reproach and Lhat sM adsiree and respects pin, Dut that paroeptlon is 3001, and that the apyearance of faizn•es La ewrytAinq. It tM Co~lssion is perceived as having a contliot of interut because of • link to dewlogs, that mould be rallecied on tM le.el of trust and that City governrnt u a whole. SM stated CMxe are 11S, OOU people Ln RancM Cueemonge and felt it vu difficult to Mlieve Chai no one else le qualilied, interested, or available. Councilnenber Brown eonaurrsd. NOTZON~ No.ed by Alexander, seoo~Nlee by Baguet Lo appoint JoM 1M1cMc to tM Planning Co~mieaion. Motion carried 3-] (Brows, Nright no). • ~ • ~ • s J1. Councilmsmber Nright asked for a report on garages~on all apartsente aM aondoe. City Council Minuto May 16, 3990 Page 31 J2. Councilarmbar Brown elated ahe would like an updsN on what the P1aMinq Conmiuion it dolnq on denLLtia. e ~ : • w N1. Lepia Trout coamandad the Council for their opennau. • • • • e NOTION: Moved by Suquat, seconded by Bzopn to adjourn Lo Execuiiw Saaaion [o dlacuta personnel iuuu. The Executive Saaaion La to adjourn to Nay Z9, 1990 for a budget porluhop to b bald at the Lions Park Comunity Gnlar. Motion carried unanieouely, 5-0. The aaatinq adjourned at 1Y:Y0 a.e. Raapacttully aubwitted, Debra J. I~due City CLrk approved: ti'. ~.., y,,. CITY OF RANCHO CUCAMONGA STAFF REPORT ~~ ~~~ C C' ~ p ~ FII ></ Z UI ~ c~cA'y DATE: June 20, 1990 TO: Mayor, Merrbers of the City Council and ClllA~~~ty Manager FROM: Joe Schultz, Community Services Manager 1~,,,1~ BY: Kathy Sorensen, Recreation Superintenden SLR&71•N"I'+ R$fYY+aITIOM OF Y 19]7 To present proclamations to the folloaing youth sport organizations for voluntary service to the community: Miss Softball America, A.C.E. Youth Softball, A.C.E. T-Ball, Rancho Cucamonga Pony Colt, Etiwanda Legion and Rancho Cucamonga Legion. With the implementation of the Community Services Volunteer Program, one specific item that needed attention is the recognition of volunteers and volunteer organizations. With that in mind, staff felt that the above organizations should be recognized for their volunteer service to the community. In total these organizations serve 1,766 youth and use 528 volunteers to supervise, direct and implement their programs. 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Y iOV Y ZiZY/ hOWfON i1lLLM1LLWMSiMO Y J >LSSW~L OWh OFI •SJ WMFI FIN NJ66W6>OW FJ YNI[ ~ONi •VI iN6~~~I JJJJJ•WWJON SNW O>WWU• OZq> O WiiiSf l<f 1USSY WiOWW>OWWWiWiii> MYNwMNMYUVVV.,?:~ZMl6fMMJilhli YNJJOM~! NNNNN~NgpgepqpWhq•sevv:•WNffwNNes~F NN NNNNNNNNNN»»hJ»>iifiiiZ NTHTHNTTTT TrP.IMrNMMNNNNhNNONNwiPryprypN O•••i•T TTTTNTmNPIOhOmONNNTNTNm Tm TT Tln wnwMn TN m N w rvT mT m T S CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffl[ Engineer e~3 SUBJECT: Adoption of a Resolution declaring four traffic signal controllers as surplus Items a- It is hereby recommended that City Council adopt the attached Resolution declaring four traffic signal controllers as surplus items. BACKGROUND/ANALYSIS The Traffic Management Section is in possession of four traffic signal controllers as described below: 1. Ecorwllte Controller, Model EMC 4000 2. Econolite Controller, Model D-4202 3. Econolite Controller, Model AO-6504 4. Multisonlc Controller, Model PS 901-0 These controllers were removed from existing traffic signal controller cabinets for repair after several trouble calls were received. The controllers are not repairable by their manufacturers, were state-of-the- art ten or more years ago and are na longer useable by the City. Respec f y submitteA, i /~// RH :PAR ad / Attachment RESOLUTION N0. ~~ ~~~~ A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING FOUR TRAFFIC SIGNAL CONTROLLERS AS SURPLUS ITEMS ,.y :K >;:~. WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed the staff report declaring four traffic signal controllers as surplus items; and WHEREAS, the Engineering staff has determined that these traffic signal controllers are not repairable and are unuseable. Nuw, THEREFORE, DE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Section 1. The City Council of the City of Rancho Cucamonga Nereby approves -f Fe s~ff report and declares that the four traffic signal controllers as describeC in the staff report are surplus Items. Section 2. The purchasing agent is directed to dispose of the surplus con r~To Tess as is required. ' 7 i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and C1 ty Manager FROM: Russell H. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer e~3 . SUBJECT: Approval of the Envlromnental Initial Study, Parts I and II, for the proposed modification of the existing traffic signal at Foothill Boulevard and Haven Avenue and issuance of a Categorical Exemption therefor RECOMMENDATION: It is hereby recommended that the City Council adopt the attached Resolution accepting end approving the Environmental Initial Study, Parts I and II, for the proposed modification of the existing traffic signal at Footnill Boulevard and Haven Avenue and issuance of a Categorical Exemption therefar and direct the City Clerk to file a Notice of Exemption pursuant to the California Environmental Quality Act (CEQA). BACKGROUND/ANALYSIS Thfs report presents an Environmental Assessment Initial Study for the ..! .a1 L1 wt1.~. .C LAF ..IU tf .. iiJt ! i X11, 'r r0 r07.. ~ .. -.. ..y ., u J.yna ... ~ v,. ~~~ ~ Boulevard and Haven Avenue. In conformance with the California Environmental Quality Act Article 19 Section 15301 (C) and (FI and State guidelines, the attached document has been prepared to permit construction of the above-mentioned pro,)ect. Said protect entails relocation of ->'gnal poles at Lhe southwest corner, installation of new Loops, upgrading of safety lights and construction of a wheelchair ramp. [t is our finding that the proposed protect will nut create a significant adverse Impact on the environment, and therefor it is recommended that these improvements be classified as categorically exempt. Respectful submitted, i ~ r ~ ~ RH ;PAR• Attachment RESOLUTIDN C~p - ~L13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCANONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL E1fEI4TION FOR THE PROPOSED hgDIFICATIDN OF THE EXISTING TRAFFIC SIGNAL AT FOOTHILL BOULEVARD AND HAVEN AVENUE YkIEREAS, the City Council of the City of Rancho Cucamonga has reviewed alt available input concerning the proposed modification of the existing traffic signal at Foothill Boulevard and Haven Avenue; and NHEREAS, an Environmental Assessnent initial Study has oven prepared pursuant to the California Environmental Quality Act, as amended. NOM, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City Council of Rancho Cucamonga hereby approves the Environmen~TAssessment Initial Study and issuance of a Categorical Exemption for the proposed modification of the existing traffic signal at Foothill Boulevard and Haven Avenue. SECTION 2: The City Clerk is directed to file a Notice of Exemption pursuant a a ifornTa Environmental Queltty Act. s 9 ENVIRONMENTAL REVIEW APPLICATION INITLgL STUDY -PART I GENERAL For alt prcJects requiring environmental reviex, this form must be completed and submitted to the Deve lapment Revfex Committee through the department where the Droj eci application 1s made. Upon rece tpt of this appiicat ton, the Planning Div islon staff will prepare Part !i of the inttlai Study and mace recammendatinne fn ol,.e!nr re,-;!'-'-- -- rionn ing tammlzsion will make one of three determinatfons:~ (1)~ ~ The project will have no siggn if icani environmental impact and a Negative Oeclaratlon will be filed, (2) The project will have a sign iflcant 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 project. Oate Ft led: Project T1L le' Traffic Signal Modification Applicant's Name, Address, Telephone: city of Rancho Cucamonga, Engineering Division P, O. Box 807. Rancho Cucamonga, CA 91729 Name, address, Telephone of Person To 8e Contacted Concerning this Project: Paul A. Rouaeau (7t4) 4R4-t862 L:Cat10n of Proj let: Intersection of Foothill Boulevard and Haven Avenue, southwest corner Assessor's Paree} No.: List other pereits necessary fray local, regtanal, state and federal agencies and the agency issuing such permits: No fee - oe rmit from Caltrans M1 wile Twls PROJECT: res No 1. Create a substantial change in ground ton tourst K 2. Create a subitantta7 change in existing no15e of produce vibration or glare? _ x 3. Create a substantial change in demand for municipal services (police. fire, water, sewage, etC.)t .~ 4. Create changes in the existing Zoning or General Plan desfgnationst ~ 5. Remove any existing trees? How manyT ~ z 6. Create the need for use or disposal of potent tally haiardous materials such as toxic substances, flammahles or exploslvesT _ x Exp lanation of any YES answers above (attach addittpnai sheets if necessary): 7. Estimate the amount of sewage and so11d waste materials this Dro~ect will Generate daily: ~i~ 8. Estimate the number of auto and truck trips gentrated daily by this preJect• Hin 9. Estimate the amount of grading (cutting and fi111ng) required for this proJeet, in cubic girds: Minor amount incidental [o construction work on! 10. If the protect tnrolves the Construction of nsldenttal units, complete the /orm on tM nest page. CERTIFIGTif~t I Hereby certify that the stateawMls furnished above and in the attachW exhibits present tM data and information required for this initial evaluation CO Lhe best of my abiilty, and that the facts. Statements, and inforniatton prasanttd an true and correct to the best of my knowledge and Oelfef. [ furtMr understand that addltlonai information may bt required to be sudnitted bdore an adequate ewluatlon can be made by tM Planning Division. Datr. 5lgnatu J es a r Tit 1! sociate Ci I Engineer RESIDENTIAL CONSTRUCTION The following information should De provided to the City of Rancho Cucamonga Planning Oivlston in order to aid the School district 1n assessing their ability to accomirodate the proposed residential development. Developers are repaired tc secure letters frog the school district for aecommodating the increased number of students Drtor to issuance of building permits. Name of Developer and Tentative Tract No. Specific Location of Pro,~ect PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number o/ single family volts: 2. Number of multlpie family units: ,_, 3. Date Dropostd to begin construction: ,r 4. Earliest date of occupancy: _ Modtlf and / of Tentative 3. Bedrooms Price Ranot ~~ eI:Y oy n1.ueRO cecAxogeA PART II - IVT'ZAL sT:'DY EWIRO~^ff:iTAL CRECtCIaT DASE• .InPLZ ~,;;-; City of Rancho Cucamonga ..-...o D:.:E~ LOC NiMlER: PRDJECT: ira ffic Si anal Modification PRO; T-C•: LOCA2IOH: Intersection Qf Foothill Blvd. and Fiaven Avenue Z. E)(VZRO`^'PYTAL I?8ACT5 (Explana ciao of all "yea" and "maybi' ansvars an requited on attached Thee es). YES YAY9E NO 1. Soils and Ceo logv, W111 cha proposal have s:3ni: icanc rasul CS 1n: a. Cns;able ground Bond i::ona or Zn ~hangas !n geologic ralaeionahips? ~~ ~ X b. Disrupciona, disolum•~.•- -_ --_-.. ,.. our:al of chs ao il? X c. Change in eopograDhy or ground surtaca contour SnurvAa? % d. the des cructlon, covrrln~ or epditlea[!on of any unigw pologit or physical faa[uru? ~ ~_ % s. My potmelal Sntrsasa in vlnd or vaur aroaion of aolls, attaccin{ sLtMr on or ott alu condlcons? % t. CAan~as Sn aroslon aileae ion, or depo sie ion? __ X g- ExDasuea of pet'D la ae proper cy co gaoloale hazards such as aarchq wakes, landalldsa, mud- alidas, jround Cailure, or almilar hazards? _ ~_ % h. M increase in cha rata o! axeraceion and/or uae of any alnaral rasouru? ~ -~_ ~ 1. Hyd rc la zv. Will ehs proposal haw signitleane rrsu:es in; '~ yeg v~ya= a. Changes !a tartan ta, or the courae of Lireccian 01 floving steam, elvers, or epheae ral scream channels? __ % 6. Changes in absorption races, drainage pat;erns, or eh• race and amount of auzfac• va ur runoff^. ~_ _~ % c. Aicaratlons to the courae or llov of tlood voce n? ~ ,~ ___ d. Change in the aawunc of aurfat• vatsr in any body of utter? ~ ~~ a. Discharge into surface v+t+ra. or any al gracion of wr£ace va[1t goal icy? f. Alteraclon of groundvacer chars[ urisclca? % g. Change in ch• quantity of {reundvacare. either through direct addlelons or vich- dravala, or through SnC erferenc• vlch an aquifer? Quality? Quantity? ~ _ . % h, the redact lon !n eha amount o1 vaur other- viae available for public votes supplies? ~ % 1. Exposure of people or propsrey co wear r•i.~d F.ac.r., wcn es tioodin{ or adchu? _ . A 3. Air Ouallcv. Will the proposal haul sl{nif lean[ maul cs in: a. Constant or Deriodic aiC emSSalona from mobile or lndirsec aoureaa? ~ _ x gucionary souresa? _ _ _ x b. De[seiotaclom of am6leat air qualiey and/or lndrfenna vlch tM •ecalmmaac of appllcabl• sit gwiicy aeandards? _ x C, ~rmntion 01 local Or rfgl0nal C11maClc tanditi0nl, affecC i.:Q a!Y 6lbvefeni. mOia Ctl rf J[ ClmpffatYTe? ~ ~ ~ K L. B10Ci FIa_ra, G[ll the proposal haw si{nif !cant haul cg ln: a. Chan{e in the charaaceristiu mf apseiaa, Sne3ud 2ng diverslcy, dlatrlbucion, or number of any species of plant's 't ~ ~ b. / Raducclon of the numb! a'ol any uniquf, rare or aodan{and spec La of plants' ~ _ _ x V ~S' V1V'~C c. Incroducclon of nw or dlarup clue species of plants into an area? X d. Reduction in the po cancial for agrlcui Sorel production? X ?suns. HL11 the proposal have alanifiunc rasul ea in: a. Change in ehe charu tarlatiea of species, including diversity, diatribuc ion, or numbers of any spec Ses of animals? v b. Raducc ion o! the numbers of any unique, rata ar endanlerad species of animals? ~ c. Introduccicn of nw oz diarup clue apacf.ee of animals inw an aru, or result Sn a barrier __ ..._ racacaun uc m,..msu:.r: -..-~.:. ~_ 1L_ d. Decerloracion or removal of axiatin{ fish or vildlifa habicat? X s 5. paoulaeion. Will the proposal have •i{nificanc resulcs ln: a. Gill eha prepoaal alter the location, distri- bucion, denaicy, divaraiey, oz {touch rata o! ehe h+ian population of an area? x b. Gill eha proposal of face axle tin` houaln{, or ereaee a demand for aeeiea,,,n e...,. ~...+ v 6. Socio-ECOnnmf.e Faecora. Hill the proposal Nava aiguficanc [asults is: a. Chan{e in local or ra{Soaal eoeio-acotto~ic tharacteeietlea, inoludln{ aeomesle of eo®are Sal divatslty, tax rata, and property valve' ~ ~ b. hill pro~eee eosea be aqua:ably distributed ewe{ pro~tet benef ieiariu, i.a., buyers, tax payers or pro~etc ueera? _ X 7. Land Cse and piano Sna Cansldaratlona. Hill th• prepessl ..".avs e1{n Sf ltant weuica 1n? a. A subscaneial alceraefon of the present or planned land use of an area? _ ~ b. A conflict vich any dasi{nations, ob~eeclves, polities, or adopted plane of any {ovaenmaneal entitles? X c. M lopaet upon cha qulaicy or quantity of aziscin{ eonsuaptiw or non-consunpt iva rte [satipnal opportunities? ~ ~•.r1 ..;a . vrs ,,a~.~_ B. Trait aoortacion. pill the proposal have ai;nif SC an: _ resin ca Sn: a. Canazaclon of substantial additional vehicular movement? _ x S. -cffec to on existing streets, or demand for nev scram construction? ~~ X c. Effects on exia ring parking fac131ties, or demand far nav parking? -- JL d. Substantial fmpact upon .zincing rramporta- tlon aya cema? __ x e. Alte rations to oraaanr r, ..-t;~ q, v - uia- ` clon or movemanc of paopl• and/or gooda? X f. Alterations to or of facto on prasant and pocan tial va car-bo tits, rail, mau transit or air traffic.' _. X.. g. Increases in etattlc hazards co mo cot vehiclaa , b icycllaca or padss erians? - ~ ~ 9. CuL-uca=tea. pill [ha propoul have algnldic ant ruulu in: a' ° '~~`~"-. cn== '" "`" ~ :.e~ic% of arcnuological, palsoncologlcal, and/or hiacorlcal rssourtes? __ X 30. Health. Safecv, and Nuisance Faeeora. pill eha proposal hav^ slgnif leant ruin to So: a. Cr^acion of and h^alch hazard or poe^neial h^alch hazard? x b. Espo^ur^ of p^opl^ co pounc Sal h^alch hasarda? % e. A risk of ^uplealon or r^1^^^• o[ hazardous au!^caaeu Sa cha ^wnc o[ ao aeeldene? _ X d• An Sner^asa in eha number of lad ividuals or ap^cia^ of vaceor or pachanopnlc organisms mr ch^ ^xpoaur^ o[ paopl• co such organ lams? % •. Inc raase !n exia clog noise lev^ls? - ~. ~~ X f. Expasura of peopl^ co poc^ncsally dangerous noise levels? _ x g• Tha creation at o6Jeccionabls odors? - -__ X.. h, M Snttuu in light or glae^? ~/_ _ -, x Y°_i Yi: :~C 11. Aeachecl n. GSll the propoaal have eignlf Scant results in: a. The obsczuc clon ar degradation of my acen lc vista or viw? % b. The creation of an an that lcally aEFanalve site? ~_ ~ c. A conf ldcc vi th the oblec cave of designated or potettcial scenic corrldora? % 12. IIt iliclea and Publle Services. Gill cha propoaal have a algnlfltant need for nw systems, or alteratlone co the follwing: a. Elect rie power? _ % b. Ya cuzal or packaged gas? X c. Co®unfeationa systems? o % d. Ga ter supply? ~ _ X e. Gastwater facilitiu? % f. Flood control atrueturae? X g. Solid waste facilities? x h. Fire proteetLon? _ X i. Police protection? X ~. schools? _ ~ x k. parka or other reezeacfceal Lae iliciea? x 1. ILinrmanee o[ public [ac111tiea, including rmada send flood control faelllciee? x •. Ocher gwernuntal servieu? _ __ ~ 11. Ener ~r and scarce Resources. Gill the proposal haw •ignlL !cant rtsulq in: a. Uu o[ sabacanclal oe excoaive fuel or energy? _ __ % b. subacan cfal increaa• in dmand upon er Lating ^ou rtes oL energy? _ ~_ ~ c. M increase Ln the demand for development of new eourcea o[ ever{y? _ ,_ % d. M increase or perpecuac SOn of cha consumption of nan-rmwabla Ions of energy, when fualbla renwable sources of energy an available? X _ 7 ... a3.'L YES :ay?= tiC e. Substantial deple clop of any nonrenewable or acaze• natural rnouru? X 14. 4andaeon Ffndlnaa of 51¢niffeanta. a. Does th• projeee Asw cM pownclal co degrade eha gwlity of tM environeanq subscancially reduce cha habieae of fish or wildlife apecica. caua• a fish or wildlife popvlatlor, cc drop below self awtalning iwela, chess can co eltmintu a plan[ or aniaul coemunlty, reduce cha number or raaericc the eange of a rare or endangered pleat or aalmal or al3minaee important aaamplas at [ha eujot periods of fall Fp ~._ uai iu l`j .c praAi9flOry? ~ ~_ X b. Does ch• project have the Doceneial co achieve •horc-seem, co eha ditadvancage of long-tarn, environmental goals? (A ahorNUr7 lmpeec ea the etrviraruune is ens which occurs !a • ralaciwly brief, daf1n1e1ve period of time wh13a long- tarm imparts will endure yell loco cba future), X c. Daaa cha prof sec have lmpae to which sea individually limited, but euatlatively cons ldtrable? (Cumulatively eomidarabls mans chat the Lneramenul atlases of as individual prof ece •n conelda[abla when vfewd In connection with rh. .ff..._ o, p30t ,,[y~f CLl, and probable future prof acts). X d. Doaa ehe project have envlronmeocel et[ac to which will cause aubacanclal adverse ettaeu on human beings, either directly or ladfreccly? _ X II. DISCUSSION OF E:QtRgOM4:RA1 [VALUATION (L.e., of atilemaclve answers eo cha above quest Iona plus a diacuuioa d! proposed mi ci{scion measures). Ig D3'< IIL. DEI_?`^9A2IOA on the basis of Chia 1a1c1a1 avaluaclon: ~ i I tlad the proposed pro]act COCL~ NOI have • sign ifiune offset I~ X ~ on the enviraewsnt, and a/y6b'XpYJ@'~b'601y~.~py will be pnyared. I flad that al chow h ohs Cro EoudLAL EX EHPT ION " g D p pro]eee could have a signl..tant ~ eftecc on chs axrvlrormane, :hez• vill net 6e a significant ctfact 1n chla cum 6ataus ohs mitigation mutant ducrlb ad on an attached ahemc have bpn added :o the pro]acc. A NECAIZtT_ DECLARA720N ilILL BE PREPARED. r ~ I find chs proposed pro]ece !fAY havm a slgnif !cane efface on the ~_, =_r. -- __' _. ae_ _.-. :.'::a:,t.-.-.r:: :,`-;;~.aT iv::unc 1a rapuired. Dace S g ura es T. Harr Associate Civil Ennineer ISrl• Iq STAFF REPORT DATE: June 20, 1990 T0: City Council and Ctty Manager FROM: Russell M. Maguire, City Engineer BY: Paul A. Rougeau, Traffic Engineer SUBJECT: Approval of the Environmental initial Study, Parts I and II, for the proposed traffic signal at Rochester Avenue and Foothill Boulevard and Issuance of a Categorical Exemption therefor RECOMMENDATION: IL 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 traffic signal and street improvements at Rochester Avenue and Foothill Boulevard and the issuance of a Categorical Exemption (CEQA Article 19, Section 15301 C A F) therefor and direct the . City Clerk to file a Notice of Exemption pursuant to the Caiifornia Environmental Quality Act (CEQA). BACKGROUND/ANALYSIS This re ~Ort oresents an Envi romaental Accaccment Inl ti al GtuAy fnr iho proposed traffic signal at Rochester Avenue and Foothill Boulevard in conformance with the Caiifornia Environmental Quality Act and State guidelines. The attached document has been prepared to permit construction of the above-mentioned improvements. Said proiect entails Lhe Installation of a traffic signal and street Improvements to provide safe and efficient traffic flow at the intersection. It is our finding that the proposed pro,{ect will not create a significant adverse impact on the environment, and therefor it is recommended that Lhe improvements be classified as categorically exempt. Resp c ly submitted, ~~-~-~-~ MM:PA Attachment a~ RESOLUTION ~ - ~t~~! A RESOLUTION OF THE CITY CWNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENYIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT ROCHESTER AVENUE AND FOOTHILL NOULEVARD WHEREAS, the City Cauncii of the City of Rancho Cucamonga has reviewed all available Input concerning the proposed traffic signal and street improvements at Rochester Avenue and Foothill Doulevard, NHEREAS, an Environmentai Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as amended. NOW, THEREFORE, 8E IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby resoive as follows: SECTION 1: The City Council of Rancho Cucamonga hereby approves the Envlronmen a ssessment Initial Study and issuance of a Categorical Exemption for the proposed traffic signal and street improvements at Rochester Avenue and Foothill Boulevard. SECTION 2: The Ctty Clerk is directed to file a Notice of Exemption pursuant o e a forma Environmental Quality Act. ~~ <:: Yf', ENVIItONMENTAL REVIEW APPLICATION INiTIl1L STUDY -PART I For all projects reVUi ring enviroraaantal rwiaw, this form must be completed and suomltted to the Development Reviets Loewittee through the department where the project application is made. Upon receipt of tA1s application, the Planning Division staff will prepare Part tI o1 CM Initial Study and make recannendatlons to P1anning Lammisslon. Tht Planning Coawisston will make one of three determinations: (t) TM project will Mve no siggnificant environmentai impact and a liegattve Deeluation will be filed, (2) The project will have a significant envlranmental fapact and an Enviroraaental r,,,,~t Avra^• wll? L p apaeed, 0.~ (+i iwt adoitfatai information report should be :upplled by the applicant giving further lnfonaatian concerning the proposed projett. Data Filed: Project Title: Traff lc signal at Foothill Blvd, b Rochester Ave. Applleant'S Name, AddMa3, Telephone: City of Rancho Cucamonga c n' a n B 807 Ranch Cucemonaa CA 91729 name, Address, Telephone of Person To 0e Contacted Concerning this Prbjeet: Paul A. Rouaeau. Traffic Engineer (714) 989-1862. extension 2324 LOcaL/0n Of Project: Intersection of Foothill Blvd. b Rochester Ave. ASSeSSdr'f /arCe} Ile.i List other pefNts neneesary froe local, replonal, state and federal agenNes and the agency isaufnq such penefts: Nn rye ce rmit troy; Caicrans PROJECT DESCRIPTION Proposed use Or prapofad prO~eCt: Project involves new traffic signal at foochill Bo 1 and d Rochester Avenue - -- - - Acreaga or project area and square footage of existing and proposed Duildlrgs, if anr: p•«.~~- ^5a ~,.;ronmental_settl~ of tM protect site including lnforlaat/on on topography, sow, plants (trgs), tend anialals, any cultural, historical or scenic aspects, land use of surrounding properties, and tht description of any existing structurn and tnelr use (attach necessary Sheata): ti ti' n n.. f II a 'ar'na fen nlrg~: _ North [ or er of 'nte rsec[ion includes a bl otk wall __ No rrhwe5t corner - no imo rOVenlents Southwest core - oa rk' o lot - So rheas[ corner - dra inane £ Dower line facilities There are no known cultural historical or scenic esFects of any 'F' •1.' rl,e 1' nF r4~f nr^~r Is tfie pro3eet part of a largo Dro3eet. one of a series of eiaiwlative actions, rhlch although lndtvldwlly ssall, eay as a Thole have significant environmental inpact No ~~ Y1lL THIS PROJECT: VES NO 1. Create a substantial change in ground contourst - x 2. Create a substantial change in existing noise of produce vibration or glare) _ ~, 3. Create a substantial change in deeand for municipal services {poi ice, /ire, water, sewage, etc.)1 ,_ ~„ 4. Create changes in the existing Zoning or General Plan designations) g, 5. Remove any existing treesT How manyt _ x b. Create ine need for use ar disposal of potentially hazardous materials such as tax lc substances, f lammab les or exp los tve57 ~, x Exp lanation of any YES answers above (attach additional sheets ff necessary): 7. Estimate the amount of sewage and solid waste aptMlals this ernt.r! 8. Estimate the number of auto and Lruck trips generated dally by this protect: uonr 9. Estimate the amount of grading (cutting and f1117ng) repaired for Lhls protect, in CYbiC girds: foci denies to Devine. only„ 10. If tM protect involves the eonstruetion o1 nstdentlal units. eolaplete the tone on tM Mxt page. CfRTIfIfATI~: l Aereby certtly that tM stataitilts furnished above end in the attaeMd e><Mbits present the data and infoneatton re4utra~e for this initial eraluatien tO tM best of rry ability, and that LM fKts, staseaNnts, and lnfofiaation prNented are true and corroet LO tM best of ty knowledge and belief. [further understand that additional lnfofeietton eiay M rpulred to M subinltted Defore an adeVUate walwtlan un M made by tM_ Planning 01v1ston. Oata• ~-//-90 Signature aul a. Rougea T1Lle ~ Traffic Enainear d I RESIDENTIAL CONSTRUCTION The following lnformatton should be provided to the Ctty of Rancho Cucamonga Planning Otvfsion in order to atd tM school district in assessing their abtllty to accommodate the proposed nsldenttel development. Developers are reQuired to secure letters froe tDe scMol district for accommodating the increased number of students prior to Issuance of budding permits. Norse of Developer and Tentattw Tract No.: Spc:. i°i.: Location of Pro,lect: PHASE I PHASE 2 PHASE 3 pNASE 1 TOTAL 1. Nunber o/ single faintly units: ,_„_ 2. Number of mu1t1P U family units: _ 3. Date proposed to begin construetlon: _ 4. Earnest date of occupancy: Model/ and I of TMtatiw 5. Bedrooms Price Rana ~~ clr. of RavcsC cccavovc,~ PdRT I: - ISITIAL 5'~'DY E\1"IRO\?sSTdL CHEC'v,IST .+-=?LUn:,r: _ City of Rancho Cucamonma FILISO DpIE: LOG AIL?ffiT_R: -- PRO; ECT: Traffic Si anal and Street Imp rovemenr~ PROTECT LOCd2I0::: Foothill Boulevard and Rochester Avenue I. E\'t'I RC :?L\TnL I?1PACTS (--cxplanation of all "yes" anL "maybe" answers are required on attached sheets). YES ~4Y2E N0~ 1. So i'_s and Ceolo¢v. Will the proposal have siEn i:ica=.t results in: a. L'ns tab le ground conditions or in changes in geologic relati oneM new • _ n b. Disruptions, displacements, compaction or burial of the soil? x c. Change in topography oz ground surface contour Sntervals? X d. the destruction, covering or modification of any unique geologic or physical features? __ x e. My poten[Sal increase Cn wind or water erosion of soils, affecting either on or off alto condimns? ~ -_ A f. change- Sa etcsicn sii rani nn, er d<p,.e<t. cn? __ _ _ __ X g. Exposure of people or property co geologic hazards such as earthquakes, landslides, mud- slides, ground Eallure, or slmilat hazards? x h. M increase Sn the rate of extraction and/or use of any mineral resource? X 2. Hyd ro loev. Will the proposal have sign l£icanc resin cs Sn: pa3e 1 YES w4y3~ \0 a. Changes in currents, or the course of di: ec tion of flowing streams, rivers, or ephemeral sc: cam Channels? X b. Changes Sn absorp cion races, drainage patterns, Or the rate and 860uRt of surf 2Ce Vd[er runoff? ~ c. Alterations to the course or fl ov of flood va ce rs? d. Change in the amount of surface eater in any body of vacer? `_ g site ration of surface eater quality? ~ f. Al ceration of groundvatez characteristics? ~ g. Change Sn the quantity of groundvace rs, either ehrough direct additions or v1[h- dravals, or through interference vi[h an aquifer? Quality? Quantity? X h. The reduction in the amount of vacer ocher- vise available for public vacer supplies? x 1. Exposure of people ar prcner ev to vars. related hazards such as flooding or se is has? X 7. Air Qualf cy. Will [he proposal have significant res ults in: a. Constant or pe rlod is air emissions From mob Ls or indirect sources? X Stationary court es? % 6. Deterioracien of ambient air quality and/or interfetence v1[h the a[ta Snment of applicable air quali cy standards? % c. Alteration of local or :eglonal climatic conditions, affecting a1: movewan[, moi s'[ure or teoperacure? X 4, Hfeea Flora. WS11 the proposal have signif Sca nt results in: a. Change in the characeer isc its of species, including diverefty, dlseribucion, or number of any species of pl~n~s? ~ X ~~ ~ G b. Reduction of the ers of any unique, rare nu or endangered spec les of planes? ~ ~ X =e Y=5 "ATB° SO c. In[roduc tlon of nev ar disruptive soeci es of plants into an area? x d. Reduc cion in ehe pocen cial for agricultural production? _ x Fauna, Will the proposal have sign if Scant results i:: a. Change in Lhe ccarac tet is tics o[ species, includiog diver=_i•v, disf ribetion, or numbers of any species of animals? x b. Reduction of [he numbers of any unique, rare nr e~~1~ .a c c _ __ _~_ . _ „_ a.u...o.n, x c. Introduction of nev or disrun tive species of animals Sn to an area, oz result in a barrier to the migration o: movement of animals? g d. Deterioration or removal of existing fish or wildlife habitat'. x S, po C'1l3[lOn, Ui 1S the proposal have signif icanc resuics in; a, b'i 11 [he proposal alter the location, distri- bu;:on, densxcy, diversity, or grouch rate of [he hu :an population of an area? __ x F V;n .~. - -- -- r=v=~~: a .cup exxs ctng Housing, or ~ create a demand for additienal housing? x 6. Soc io-Economic Factors. 4111 the proposal have sign xf icon[ results in: a. Change xn focal or regional socio-economic characteristics, including economic oz co®erclal diversity, [ax rate, and property values? _ X b. 4111 pro}etc costs be equitably distributed among project beneficiaries, i.e., buyers, [ax payers or pro}ec[ users? -- x -- - i. i.and t~oa a a, ___.__ .. --- -n- considerations. 4i11 the proposal have sign xt icanc resuics in? a. P. substantial alteration of the present or planned land use of an area? x b. A conflice with any designac loos, obj ecclvea, policies, ar adopted plans of any governmental eneltles? x c. M impact upon c~~laicy or quantity of exlacing consumptive or non-consume cave recreational opporcunitl es? X ?age vrg ?tAY3E y0 E. Transnortaiion. Will the proposal have significant resin cs in: a. Generation of substantial addit Tonal veh Scalar movemen c? R b. Ef fens on exist ing streets, or demand for nev street construction? R c. Effects on existing narking facilities, o demand far nem parking? x d. Sub stan[ial impact upon existing transpor[a- Cion systems? n a. Alterations [o present patterns of circula- tion or movemen[ of people and/or goods? x f. Alterations to of effects on present and potential voter-borne, rail, mass transit or air traffic? x g. Increases Sn traffic hazards to motor vehicles, bicyclists or pedes trlans? x 9. Cultural Resources. Will the proposal have signlticane res nits in: a. Adis curbance to the integrity of archaeological, adIPOn MInvlnal enA/n. 4t __ _ _--- ......,..... ~.. ~ A 10. Health, Safecv, and Nu iaance Factors. Nill the proposal have significant resin cs in: a. Creation of any health hazard or potential health hazard? -- % 6. Expm sure o£ people [o potential health hazards? _ _, x c. A risk of explosion or release of hazardous eubs[ancea Sn [he event of an act iden[? __ g d. An increase in [he number of indiv Sduals or species of vector or pathenogen lc or¢an isms or rhP e_posure of pcupla t.. ,.:<`, organisms? ~ X e. Increase 1n exlsCing noise levels? _- x f. Exposure of people to poten dally dangerous noise levels? __ K B• The tree tlon of oboe<[lonable odors? __ x h. An increase Sn light or glare? x ~ - - ?age i YES )!41'3 90 11. Aesthetics. Will the ptonosal have slgnif!canc results in: a. The obscruc cl on or degrade tlon of any scenic vis ca or view? % b. The treat ion of an aes checically offensive site? _ ___ X c. A conflict viCh the ob,+ec clue of designated or potenClal Scenic CO iri do ra? _. __ g 12. Ut!iiries and Public Services. Will Che proposal have a s'. _-"i~aat - - - nw systems, oc alterations Co the following: a. Electric power? % b. \atural or packaged gas? ~ __~ % c. Communications sys toms? % d, Water supply? ~ e, Was cewacer facilities? ~ f, F1 pad control structures? ~ g. Sclid vas to facilitles? h. Fire prc[ection? ~ i. Police protection? ~ f. Schools? ~ ~ ~ k. Parks or ocher recreational fat ill c3 as? __ ~ 1. Haincanance of puD lit fat 111ties, including roads and Elood control facilities? % m. Ocher governmental services? % 13. Ener¢y and Scarce Resources. Will [he proposal have ik-.if icanr results ..-,. a. L'se of substantial or excessive Euel or energy? % b. Subs tanc3al increase Sn demand upon existing sou zc es of energy? % c. M lncrease 1n the demand for development of nev sources of energy? % d. M lncrease or perpetuation of the consumption of non-renevable forms of energy, vhen fees 161e renevable aourees Qf energy are evailab lei % 0 ~ ?ace 5 YES ~aY9E \O e. Sub scandal deple[Son of any nonrenewable or scarce natural resource? X 14. 4andacorv Findings o' Sig-i'icanre. a. Does the protect have the po Centlal to degrade the qua itty o£ the environment, subs[ancially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self eusta i.^.Smg levels, threaten co elimina ce a plant or animal community, reduce the number or restrict the range of a rase or endangered plant or animal oz sliminate Smport ant examples of [he maser pezicd= of California his COry or prehistory? x b. Does [he proj etc have the potential [o achieve shore-term, to [he disadvantage of long-term , environmental goals? (A shore-term impact on ehe environment is one which occurs in a relatively brief, definitive period of time vhila long- term impacts will endure yell Snto the future). x c. Does [he project have Smpacts which are lnd ividually limited, but cumulatively considerable? (CUmulatlvely considerable means that the ineremencal effects of an individual project are considerable when viewed in connection with [he effects of pas[ projects, .tea .__~_~.. .._ ~ _.--.. .~w.< y.~jec dal. ~ ~_ X d. Does the project have environmental effects which will cause subscanclal adverse effects on human beings, either directly or indirectly? X II. DISCCSSTON OF Ey, IgROV"~YTAL EVALUATI09 (i. e. of aff irmacive a , the above questions plus a discussion of proposed mitigaclon nswers co measures). 3~ 2aee 7 ~~ II1. DETERMSNATIO`~ On the basis o£ tF.is inlcial eval uatlon: I fled [he proposed proj ec[ LOtiLD NO? have a sign if icanc ef,'ecc u on the environmen c, and a XEEAIIA`£/IStt(/~kd6f~ will be prepared. CATEGORICAL EXEMPTION _ I find that although the proposed proj ecc could have a significant effect on [he env irorwent, there will no[ be a 5lgnificanc exfece in this case hecause the mltiga [Son measures desttih ed on an attached sheet have hten added m the project. A ::EC ~: i;~ DECLARATION WILL HE PREPA.v rp, ~,--~ I find the proposed project MAY have a signif icanc eff ec[ on the ~~ envirnmenc, and an ES'I'IRO:')fiVT I:¢AOT REPORT is reGu fired. i'. Dale ~' ~ ~- ~' ~~`.'~"~ ul A. Rougeau~ Traffic Enai neer Title 3~ - C[TY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 TO: Mayor, Members of Clty CouncU & Ctty Manager FROM: Jerzy B. Fulwood. Deputy Clty Mer~ager SUBJECT: APPROVAL TO AUTHORIZE THE ANNUAL LEVY OF ASSESSMENT ADMIMSTRATION CHARGES FOR THE COLLECTION OF ASSESSMENTS IN THE ALTA [AMA CHANNEL DISTRICT 184-2), THE SIXTH STREET INDUSTRIAL. PARK REFUND DISTRICT (82-1R) AND THE RANCHO CUCAMONGA DRAINAGE UISI'Rtl:f (86-2j RECOMMEIiDATiON: Staff recommends that Cfty Council approve the attached Resolution author[zmg the annual levy of an assessment management fee of X5.110 per parcel for the arpenses Incurred m the colleclfon of assessments within the Alta Loma Channel District (84-21, the Sixth Streel Industrtal Park Refund Dlstrlet 182-lftJ and the Rancho Cucamonga Storm Dram Dlstrlet (86- 21. Section 8682 of the Covemment Code au[horius the City of Rancho Cucamonga Co collect an annual assessment management fee of a maslmum of true percent (596) of the yearly installment and not to exceed eight dollars. The requested $5.00 per parcel wlll allow [he City m rrrmrer fiords fnr m1leMlnn »nd m»naaement of assessment distncts that art aoulkable to the Improvement Bond Act of 1915. Rancho Cucamonga's comprehensive management program including record keeping. cost management, payoff calcutatlons, monthly fmanelal reports, debt servitt schedules, as well as providing information to the public Is funded form this fee. spectfully submit ed. Jerry B, Fulwood Deputy City Manager JBF:)mt Attachment: Resolution RE8OLS71'toN NO. (fl -a`is A RESOLUTION OF THE CfIY COUNCII. OF'IHE CITY OF RANCHO CUCAMONGA CALIFORNIA. AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECGU. ASSESSMENT DISTRICTS. WHEREAS, the City Council of the City of Rancho Cucamonga. Calltornla, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 1913" being D(v1510n 12 of the SVeets and Highways Code of the State of Callfomia, and has cordimred assessments upon land within various special assessment districts (hereinafter collectively referted to as the "Assessment Dlsmcts"); and. WHEREAS, said proceedings provided for and nc~ C;iy u;u subseyuenUy tssue bonds pursuant to the "Improvement Bond Act of 1915". befog Division 30 of the Streets and Highways Code of the State of Callfomfa, sold bonds representing unpaid assessments withm the Assessment Glstrlcts; and, WHEREAS, the City does mcur necessary admfrnstratwe expenses m the collection of the annual lnstalhnents of the assessmrnts within the Assessment DiStncts; and. WHEREAS, Govemmrn[ Code Section 8682 does authorize [he City [o es[abll5h an assessment surcharge to allow the City to recover lls expenses of Collectlon of sold assessments; and, WHEREAS, The Ctty desires to establLSii such an assessnrrnt surcharge as authorized by said Gwemment Code Section 8682. rvvw, rnaaacrvrm, or, a nwrn,rov m rvuwrvu SECTION 1: That the above recitals are all true and correct. SECTION 2: treasurer is hereby directed to add to the annual installment of assessments within the Assessment Districts a maximum of fNe percent (5951 of the amount of the Installments and of the Interest thereon, not to exceed the Treasurer's estimate of the expenses of collectfon, and 1n airy case not to exceed $5.00 per lot or parecl. Said expenses of collection shall melude the necessary adminlstrattve expenses of the City incurred to provldlrtg the County Auditor with current udormatton regazding the ownership or division of the affected lots or parcels of land wlthm the Assessment Distnets to ensure the proper entry by the County Auditor !n his or her assessment mil and the timely collection of the assessment Installments. SFCITON 3: The above assessment sumharge. when collected, shall belong to the Clty and shall cover the expenses and compensation of the Treasurer lneurted In [he wllectfon of ihz assessments. and of the interzsi and cenalttes added on to the assessments. 3~ CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Jerry A. Dyer, Assoct ate Engineer g~ . SUBJECT: Recommend Approval to open escrow with Tzai-sen Lu, et. al., for purchase of land at 12774 Summit Avenue, to obtain the right-of-way for the Natt Southern California, Inc., development of Tract 13812 on Summit Avenue between Etiwanda Avenue and Hanley Avenue (Bluegrass Avenue), for E75,500.00, plus escrow fees of E2,500.00 to be paid from Account No. 01-4638-8543 and authorize the City Engineer to execute all necessary documents. RECONENDATIOM: Recommend Approval to open escrow with Tzai-sen Lu, et. a1, for purchase of land at 12774 Summit Avenue, to obtain the right-of-way for the Natt Southern California, Inc., development of Tract Map 13612 on Summit Avenue between Etiwanda Avenue and Nanley Avenue (Bluegrass Avenue), far 575,500.00, plus escrow fees of E2,500.00 to be paid from Account No. 01-4638-8543, and authorize the City Engineer to execute escrow documents on behalf of the City. BACKGROUND/ANALYSIS rn ~ ....n,.,ro ~itti t~ e~..o _..~.e..t s..~ e~~,~i gl tl or ,.a ,.ga_tl.e ,, e.t,, pe.~er WattrSouthern California, Inc., and the City of Rancho Cucamongara settlement for the purchase of land at 12774 Summit Avenue, to obtain public right-of-way for the development of Tract Map No. 13812, has been reached. It was mutually agreed that the City could purchase a portion of Tzai-sen Lu, et al property for a purchase price based on an appraisal prepared by an independent appraisal consultant. The funds for the purchase are to be provided to the City by Watt Southern California, Inc., in accordance with the February 7, 1990, agreement. Since the City Engineer, by resolution, is authorized to accept the dedication on behalf of the City, pernHSSlon is sought hereby to also allow the City Engineer to execute and validate escrow documents on behalf of the City. Respe ty' fitted, ~/ ~~.-- r / JAD:I Attachmm~t f r I - --..-... I, - ~ ~ ~- ~- I I ~ _ I I I ~~ ~ LLL CITY OF RANCHO CUCAAtONGA u•,r ou„ u... n x. ,.I. c~,.m ,, c rn rn;u vn v plq vxw nw May 1, 1950 Lu Tzai - Sen 8 Su-Yi Chuan Su Chao-Di 8 Kau Fang 317 Warren Way Arcadia, CA 97526 Subject: 12774 Summit Avenue -A.P.N. 0225-111-07 Dear Property Owner: Pursuant to the provisions of California Code Section 7267.2, prior to adopting a Resolution declaring the public need to condemn a portion of certain real' property located in the City of Rancho Cucamonga, it is required to make an offer to acquire the property. Such offer shall be for the full amount of the fair market value as established by an independent appraisal valuation. A copy of such appraisal is attached. The offer is hereby made in pursuance to such governmental code of Seventy Five Thousand Five Hundred Dollars and no/100 (575,500.00) for an easement over that certain real property as described hereafter and those improvements found thereon as described and outlined in the attached description and valuation breakdown. Such offer excludes or makes no provision for replacement of lost improvements except as provided by the financial compensation offered as outlined in the valuation breakdown. No limit of access to the proposed right-of-way is tmplled and indeed, the City recognizes those points of access heretofore in existence. Provisions to improve such access will remain the responsibility of you, Pre rtwn,er, nrrn pt 35 fo^ mi.^.i mal pr0Yi 4?On t0 reaOre SUCH 3C CC55 aS heretofore existed or as amended by your release. Please contact t•1r. Jerry 11. Dyer, Associate Engineer by May 23, 1990, to make the transaction of the above amount for dedication of the needed right-of-way. If we do not receive a response, we will assure you do not wfsh to make the transaction and staff will begin preparation of condemnation actions. ,3~,.. Mmnr 1VilLeml .\L•v.uWer Chu rr.l Ih iqurl ll nm nLm qv, Denni, 4. aloul UrPnrul+ V mm~ n I`nrnrln I +~ nn hl I•u. A I anl. AICI' / CHUAN LETTER APN 0225-111-07 tMY 1, 1990 PAGE 2 Please be aware that the costs of Improvements constructed will be recoverable upon (re)development. If the City has to purchase right-of-way; that cost, with interest, will also be included in the recoverable costs. It is always our Intent to negotiate right-of-way acquisition on a friendly, yet professional basis with property owners ir, our Ctty. Therefore, staff would like to pursue the acquisition by making the above payment and thereby preclude any court appearances which would possibly end in the same result and be more costly for both parties. Enclosed, please find a copy of the Easement Dedication for the deficient right-cf-way. if 1t meets with your approval, <taff would appreciate acknowledgment that execution will be made upon receipt of a warrant for the appraised land value. Please note that this dedication will not relieve the property owner from any future dedication of Summit Avenue or any other street needed for development of the parcel shown as Assessor's Parcel No. 0225-111-07, 12774 Sum•nit Avenue, on the latest Equalized Assessor Roles. If you have any questions, please contact Mr. Jerry A. Dyer at (714) 989-1862. Cordially, COt4NUtiITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION ~M1w.~T3, 6Q_w-.vv M1xe Olivier Senior Civil Engineer MO:JAD:Iy Enclosure 37 -;.: 'x4r_ ~.o i'y RIGNT-OF-NIIY AGREEMENT SUMMIT AVENUE IMPROVEMENTS between Bluegrass and Etiwanda THIS AGREEMENT FOR THE GRANT OF EASEMENT AND ESCRON INSTRUCTIONS, dated for reference purposes only as of the _ day of 1990, by and between Tzai-Sen Lu, Su-Yi Chuang Lu, Chao-01 Su Kau-Fang Wang and Katherine Fla der, ("Grantors"i and the CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION ("CITY") is made with reference to the following: A. Grantor is the owner of the land described in Exhibit "R" (whole oar cell herarn f"the orn~--rte"~ B. Grantor desires to grant to CITY an Easement for street and related purposes thru that portion of the Property described in Exhibit "B" (Easement) attached hereto and CITY desires to purchase the same from Grantor 1n order to construct thereon and maintain a street praSect known as Summit Avenue Improvements to serve the remainder of the Property and the surrounding real property. The real property described in Exhibit "U" attached hereto is referred to as the "Street Easement" and that portion of the Property other than the Street Easement 1s referred to as "the remainder parcel". fiG~, TKER~FGBE, in wnaiueraLiun of cne Foregoing rectcais, me mutua~ promises and agreements hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby agrees to sell to CITY and CSTY hereby agrees to purchase from Grantor the Street Easement, upon the terms and provisions hereinafter set forth, and Grantor and CITY hereby agree as follows: 1. PURCHASE PRICE The total purchase price which CITY agrees to pay for the Street Easement is Seventy Five Thousand Five Hundred Dollars and no/100 (515.500.001, payable as follows: (A) Concurrently with the opening of escrow, CITY shalt deposit in escrow the sum of Seventy Five Thousand Five Hundred Dollars and no/100 (575,500.00), cash. (8) CITY shall deliver any remaining required balance to close the escrow, including escrow and recording expenses, at the close of escrow. JQ 1 2. CONDITIONS PRECEDENT The purchase and sale of the Street Easement is contingent upon satisfaction of the following conditions: (A) Grant of Easement Deed. Prior to close of escrow, a Grant of Easement deed shall be prepared by the CITY and delivered to escrow for signature and execution by the Grantor. A plat showing the Easement and remaining property shall be attached. (B) Title Matters. CITY shall receive a Preliminary Title Report from United Title Company, San Bernardino, covering the Street Easement. Within seven (7) days after CITY's receipt of the Preliminary Report, CITY shall notify Grantor and Escrow holder in writing of any item shown on the Preliminary ?i tie Renort of wM rh r_.i TY di cannrnvac and whi th item detrimentally affects the value or use of the Street Easement ("Disapproved Title Matters"); any item shown on the Preliminary Title Report and not so disapproved shall be deemed approved by CITY. As to every Disapproved Title Matter, one of the following steps shall be accomplished within thirty (30) days after Grantor and Escrow holder have received written notice of the Disapproved Title Matters: (1) the Disapproved Title Matter shall be removed or modified in a manner 'acceptable to CITY; (2) Grantor shall agree to make the close of escrow contingent upon removal of the Disapproved Title Matter; or (3) CITY shall expressly waive the Disapproved Title Matter by a writing delivered to Grantor and Escrow holder. (C) Failure of Conditions. If any of the conditions described in Section 2 above have not been met within the time limits provided, then either Grantor or CITY may give written notice to both Escrow holder and the other party that Grantor or CITY elects to terminate this Agreement and escrow, naming the precise condition which has not been met. if such written notice is given, then the escrow shall terminate Tf the condition named in the notice has not been met within ten (10) business days after receipt of the notice by both Escrow holder and the other party. In the event of any termination of the escrow pursuant to this Section, Escrow holder shall return to the parties depositing the same all documents, instruments and monies given or made in connection with this Agreement, except that any escrow cancellation charges shall be charged to and deducted from the amount to be refunded to CITY, and thereafter neither party hereto shall have any 1labiltty, duty, or obligation to the other for or on account of this Agreement or the matters or things contained herein. 3R 2 3. G000 FAITH DEPOSIT Concurrently with the opening of escrow, CITY will deposit with the Escrow holder the sun described in Section 1 (A) above as evidence of CITY's good faith intention to purchase the Street Easement upon the terms and conditions contained herein. 4. ESCROW Within five (5) 6uslness days after the execution of this Agreement, Grantor and CITY shall open an escrow at United Title Comoanv. San Bernardino ("Escrow holder"), through which the Grant of the Street Easement shall be cons unmated. If escrow is not opened within this time, either party may terminate this Agreement prior to the opening of escrow immediately upon delivery tc the Jtiier party of wri [ten notice of such ierminaiian. Cuyi es of executed counterparts of this Agreement shall be deposited with Escrow holder to act as escrow instructions to Escrow holder. Escrow holder is hereby appointed and designated to act as an Escrow holder and is authorized and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited Tnto escrow as hereinafter provided, with the fall owl ng terms and conditions to apply to such escrow: (A) Grantor and CITY hereby agree to be bound by each and every one of the terms, covenants, conditions, and agreements contained in Escrow holder's standard printed conditions and stipulations with respect to escrows. a copy of which shall be delivered to Grantor and CITY at the opening of escrow. In the event of conflict between such standard printed conditions and this agreement, this agreement shall control. (B) The term "opening of escrow" as used herein shall 6e deemed to be the date upon which Escrow holder receives copies of this Agreement signed by all parties hereto. (C) The time provided in the escrow for the close thereof shall be thirty (30) days after the opening of escrow. (D) The term "close of escrow" as used herein shall be deemed to be the date upon which the Grant of €asement referred to hpr@qn is recorded in the Office of the County Recorder of San Bernardino County, California. Possession of the Property shall be delivered to CITY upon Lhe close of escrow. (E) Grantor and CITY shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the grant of the Street Easement pursuant to the ~~ 3 terms of the transaction set forth in this Agreement. (F) Grantor shall deposit into the escrow, at least three (3) days prior to the close thereof, duly executed by Grantor, the Grant of Easement covering the Street Easement. Upon the close of escrow, Escrow holder shall cause the Grant of Easement to be recorded in the office of the County Recorder of San Bernardino County. (G) CITY shall deposit any remaining fee required to close the escrow into the escrow, before the close thereof, in the manner referred to in Section 1 hereof. (H) Grantor shall be responsible for all costs incurred in removing the lien of any deeds of trust or mortgages encumbering the Street Easement. (I) As provided in Section 2(A), Escrow holder shall obtain and forward to CITY for approve) the Preliminary Ti iie Repuri m,d a Cuyy a° al. easements, covenants, conditions, restrictions, and other exceptions shown therein, including any other maintenance, association, or parking agreements. (J) CITY shall pay the escrow fees of escrow holder. CITY also shall pay for the cost of any documentary, revenue, or other stamps to be affixed to the Grant of Easement in favor of CITY. (K) If Escrow holder is unable to comply with the escrow instructions contained to this agreement on or before the then scheduled closing thereof as hereinbefore provided, it shalt do so as soon thereafter as tt is axle to do so unless tt shall have theretoi'ore received a demand by either party to terminate the escrow, in which event Escrow holder shall return all monies, documents, or other things of value deposited into the escrow to the party depositing the same. 5. RIGHTS OF ESCROW HOLDER (A) If, without fault on the part of Escrow holder, the escrow is involved in any controversy or litigation, the parties hereto shall Jointly and severally hold Escrow holder free and harmless iron and against any and alt loss, cost, liability, or expense, including reasonable attorneys' fees and costs, *.o whtch Escrow holder may be put ar which it may incur by reason of or in connection with such controversy or litigation. (B) If conflicting demands are made upon Escrow holder with respect to the escrow and not at variance with the terms and conditions hereof, the parties hereto expressly agree that Escrow holder shall have the absolute right, at its election, to do either or both of the following: (1) withhold and stop all proceedings 1n the performance of this escrow and await a ~' 4 settlement of the controversy by final appropriate legal proceedings or otherwise as it may require, or (2) file a suit in declaratory relief or interpleader and obtain an order from the court requiring the parties to interpl ead and ii ti gate in such court their several claims and rights amongst themselves. Upon the filing of any such declaratory relief or interpleader suit, Escrow holder shall, at its option, thereupon be fully released and discharged from any and all obligations to further perform the duties or obligations imposed upon it by this Agreement. 6. WARRANTIES AND REPRESENTATIONS OF GRANTOR Grantor hereby warrants and represents to CITY each of the following, which warranties and representations shall survive the close of escrow and delivery of the Grant of Easement Conveying the Easement right: (A1 Grantor owns the property and hoc felt never erd authc`+••• :_ transfer the same and to enter into and fully perform and comply with Lhis Agreement. (B) The execution of this Agreement and performance of each of the covenants and agreements of Grantor hereunder do not and will not violate aoy other agreement to which Grantor is a party. (C) TO the knowledge of Grantor, after due inquiry, there are no actions, suits, or proceedings pending against the property or any portion thereof in any court or before any fodorat stero_ ___ «, _• ,,,,;;icipal depar4nent, commission, board, bureau, or agency or other governmental instrienentality, nor are there any such actions, suits, or proceedings pending which could or would affect Grantor's ability to perform Its obligations under this Agreement. (D) Except as disclosed in the Preliminary Title Report, or as may be approved by CITY in writing, as of the dose of escrow, there are not and will not be any contracts, agreements, or other understandings, written or oral, with respect to the ownership, maintenance, or operation of Lhe Street Easement, which will be binding upon or in any way affect, impair or diminish any of the CITY'; rights, and interest in, tc, and under the Street Easement or any appurtenances or facilities thereof. 7. SPECIAL AGREEMENTS (A) Except for Lhe specific representations and warranties of Grantor set forth Tn this Agreement, Grantor does not make any express or implied representation or warranty to CITY as to the dimensions, condition, or any other aspect of the Street Easement, and CITY is purchasing the Street ~~ 5 Easement in an "as is" condition, CITY having Dersonally inspected the Property. (B) Grantor shall permit CITY and C1TY's duly authorized representatives and agents to further inspect and investigate the Street Easement and tp make surveys thereof, provided that any entry upon the said Easement by CITY and CITY's representatives and agent shall have been approved in advance by Grantor, such approval not to be unreasonably withheld. CITY agrees to indemnify and hold Grantor harmless from all costs, expenses, fees, or charges of any kind or nature arising out of or in connection with such entry upon the said Easement. (C) GRANTOR agrees to grant to CITY, its elected officials, officers, agents, employees and contractors such rights of entry and/or temporary cons true ti nn oacemeets -^~ -~~ C~ eeiuainder parcel as are deemed necessary by CI7Y's City Engineer to cause the completion of the Street Prof ect. 8. NOTICES All written notices and demands of any kind which either party may be required or may desire to serve an the other in connection with this Agreement may be served (as an alternative to personal service) by registered or certified mail. Any such notice or demand so served by registered or certified mail shalt be deposited in the IlnitnA Ctatne mail ,~ tp p^e t_^,c thereon fully prepaid and addressed to the party so to be served and delivered to the party, if not by personal service, as follows: To Grantor at: Mr. 8 Mrs. Tzai-Sen Lu, et al 317 Marren Nay Arcadia, CA 97526 To CITY at: City of Rancho Cucamonga c/o Mike Olivier 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Copy to: Elliot Goldman, Esq. P.O, Box 1059 Brea, California 92622-1059 Notfce shall be deemed given when so deposited in the United States ma 11 or when personaily served, and shall be deemed received when actually received. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different person or mailing address to ~~ 6 which all such notices or demands are thereafter to be addressed. 9. BROKERS Grantor and CITY hereby severally warrant and represent to the other that they have not dealt with any person, firm, or corporation which would be entitled to a broker's commission, finder's fee, or other like payment in connection with the transactions contemplated by this agreement or the consummation thereof as herein provided. In the event such warranty or representation of Grantor or CTTY shall prove to be inaccurate, the misrepresenting party agrees to indemnify the other and hold the other harmless from and against any and all lass, costs, liability, and expense, including without limitation reasonable attorneys' fees, which such other party may incur in connection therewith. 10. HEADINGS The titles and headings of the various paragraphs hereof are intended solely for convenience of reference and are not intended for any purpose whatsoever to explain, modify, or place any construction upon any of the provisions of this Agreement. 11. TIME OF THE ESSENCE All times and dates set forth herein are hereby agreed Lo be of the essence. 12. SUCCESSORS AND ASSIGNS The terms and provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 13. ENTIRE AGREEMENT This Agreement, including any exhibits referred to herein, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and may not be modified, amended, or otherwise changed to any manner except by a writing executed by Grantor and CITY. 14. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. LITIGATION EKPENSES In the event of any litigation between the parties hereto to enforce any provision of this Agreement or any right of any party hereto, Lhe unsuccessful party to such 11 Ligation agrees to pay to Lhe successful party ~f 7 all costs and expenses, including reasonable attorneys' fees and costs, incurred therein. Moreover, if any party hereto without fault is made a party to any litigation instituted by or against Lhe other party arising from this Agreement or reiated to the Street Easement, such other party shall indemnify the party against and save Tt harmless from all costs and expenses, including reasonable attorneys' fees and costs, incurred by it in connection therewith. 16. SEVERANCE CLAUSE In the event any one or more of the provistons contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provistons of this Agreement, but this Agreement shall be construed as if such invalid, illeoal, or unenfnrreahtn ~r,...ts{~~ r„e never been set forth herein, and the remainder of the Agreement shall be enforceable to the fullest extent permitted by law. 17. SURVIVAL The covenants, representations, and warranties contained in this Agreement shall survive the close of escrow and the delivery of the Grant of Easement to the CITY. 18. ADD[TIONAL PROVISION (A) CITY shall indemnify Grantor and hold Grantor harmless from any and all damages, claims, actions, or causes of action arising out of or connected with construction of the street improvements within or thru the Street Easement by CITY or CITY's contractors, employees or agents. (8) The Grant of Easement by which Grantor conveys the Street Easement to CITY shall also convey to CITY a right of ingress and egress on and across the remainder parcel to CITY and its contractors, agents and employees necessary to the construction of street facilities on the Street Easement, said right of ingress and egress to expire upon completion of said street facilities. (C) Normal Drainage, Development, or other fens which would occur upon development of the remainder parcel, remain the responsibility of the Grantor. Na limitation is to be implied or made to the CITY's rights or powen to raise or establish assessments far 6eneflt assessment proceedings within the Rancho Cucamonga Community. (D) Access to the Grantor property from Summit Avenue as provided by the Municipal Code, 1s in no way restricted by this Agreement, and a ~~8 minimum of one point of access to the Grantor property subject to a normal but judicious review and approval by the City, it's Pi anntng, Engineering and Building and Safety Divisions is hereby guaranteed. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written. GRANTOR BY: za - en u Date: By: u- t uang u Date: By: ao- u Date: By: au- ang ang Date: BY: a.,er ne a er 1 Fig CITY CITY OF RANCHO CUCAMDNGA By: usse agu re City Engineer Bate: By: CI IlOi G01 dRd n, Esq. _- Deputy City Attorney, City of Rancho Cucamonga Date: F; YR ~~,,, EXH/6/T A ~~ LITIGATION GUARANTEE POLICY NO. OS-0063-21-000030 LIABILITY $19,451.00 ORDER NO. 312578-62 FEE $295.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, CHICAGO TITLE INSURANCE COMPANY n l.Vttn11W'11VN, tlL1tF.1N , u..LZ.U '1'l1L 1.V15YflNZ, GUARANTEES THE CITY OF RANCHO CUCAMONGA, A BODY CORPORATE AND POLITIC HEREIN CALL THE ASSURED, AGAINST LOSS NOT EXCEEDING THE LIABILITY AMOUNT STATED ABOVE WHICH THE ASSURED SHALL SUSTAIN BY REASON OF ANY INCORRECTNESS IN THE ASSURANCE WHICH THE COMPANY HEREBY GIVES THAT, ACCORDING TO THE PUBLIC RECORDS, ON THE DATE STATED BELOW, - mpc mimic mn TNF RFR FTN nFMRTAF.D F.CTATF. OR TNTRRERT WAR VESTED IN THE VESTEE NAMED, SUBJECT TO THE MATTERS SHOWN AS EXCEPTIONS HEREIN, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY .AND 2. THE NECESSARY PARTIES DEFENDANT IN AN ACTION TO CONDEMN A PORTION OF SAID LAND ARE AS HEREIN STATED DATED: MARCH 22, 1990 AS OF: 7:~v A.M. AUTHORIZED SIGNATORY /~~ CLTA ! IF~RM'M«~-3-73) P-2I (G.S.) ~7 -1- I `U 1. THE ESTATE OR INTEREST IN 'lBE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED HY THIS GOARANTEE IS: A FEE 2. ^aITLc TO SAID ESTATE OR INTEREST AT THE DATE HEREOP SS VESTED IN: T2AI-SEN LU AND SU-YI CHUANG LU, HUSBAND AND WIFE AS JOINT TENANTS AS TO AN UNDIVIDED d/HTH INTEREST AND CHAD-DT gq ANn KAU-FANG WANG, HUSBAND AND RIFE AS 701NT TENANTS AS TO AN UNDIVIDED 3/8TH INTEREST AND KATHERINE MADER, TRUSTEE OF THE KATHERINE MADER INC. MONEY PURCHASE PENSION PLAN, AS TO AN UNDIVIDED 1/8TH INTEREST AS TENANTS IN COMMON 3. THE LAND REFERRED TO IN TBIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OP SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF LOT 15, AND THE WEST 215 FEET OF THE NORTH 595 FEET OF LOT 16, BLOCK "C" ETIWANDA COLONY LANDS, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY. CLTA~GUARANTEE FOAM NO. 1 (REV. 5-3-73) EXCEPTIONS: 1. PROPERTY TAXES. INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES. TO BE LEVIED FOR THE FISCAL YEAR 1990 - 1991 WHICH ARE A LIEN NOT YET PAYABLE. 2. SECOND INSTALLMENT GENERAL AND SPECIAL COUNTY AND/OR CITY TAXES FOR FISCAL YEAR 1989-1990. IN THE AMOUNT OF $401.15. H.G. EXEMPTION NONE __~__ _ m cn2? PARCEL NO. 0225-111-07 FOR PRORATION PURPOSES ONLY: FIRST INSTALLMENT HAS BEEN PAID IN THE AMOUNT OF $401.20. 3. THE LIEN OF SUPPLEMENTAL TAXES. IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF TBE STATE OF CALIFORNIA. 4. AN ENCROACHMENT ONTO SAID LAND OF CERTAIN IMPROVEMENTS OR STRUCTURES LOCATED ON LAND ADJOINING ON TBE EAST erne ac nrcrr.rtavn qv AN INSPECTION OR SURVEY. ENCROACHING IMPROVEMENT: CHAIN LINK FENCE APPROXIMATE EXTENT OF ENCROACHMENT: 30 FEET 5. DISCREPANCIE$ 1N BOUNDARIES, SHORTAGES IN AREA, AND OTHER !LRTTER WP.I Cu unnr.n qE cgnWN IN q PROPERTY SURVEY OF SAID LAND CLTA GUARANTEE FORA N0. 1 (REV. 5-3-73) P-24-B (G.S.) -3-,~q SAID NECESSARY PARTIES (OTHER THAN TNOSE HAVING A CLAIM OR INTEREST BY REASON OF MATTERS SHOWN IN EXCEPTIONS NUMBERED I TO 5 BE MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT HY THE CITY OF RANCHO CUCAMONGA. A BODY CORPORATE AND POLITIC AS PLAINTIFF, AAE AS FOLLOWS: VESTEES HEREIN: _ ^nT-SFV i..n Fm qp 317 WARREN WAY ARCADIAr CALIFORNIA 91006 CLTA GDAAANTEE FORM NO. 1 (REV. 5-3-73) D-24-C (G.B.) -4- ~j~ r r'. © `Y~ O ~ li V ` i i ~ 7 w g n (, \ ® I: ~ n `~ ~ \ R 'u1 1. ~ - ----- <----- --`c--- -~ \- -----`c---Fb--~--~ • R © i ~ w ~ u 1 ro ^ O W p i ,I• - tl04 .. -- -- - ,- k a R~ ~ i I iii O V I I i n y ~ 4p y x a ~ ; I m I ~ ~ Y w ~ ~ _ f J ~ ~ I - ~•! -FTlweune ~ /~ e~ ~~c~ yr ~"J I A '• ~~ I'~ 6 ~' n ,. m ~ - q p 1' n O ~ I 4 ~s N ~ rnrn J'~ ~ M ~~~~ N~~ °$ n N 0 N SWMIT AVENUE 1WROYENENTS xawowo xeouurm tr Gty of Rttcho LYN1tYOnP WNW tecoxot9 WILTO Cily OI R1nCh0 QIGO0n/1 P.O, Bay 10T RMCho Cuumoxlt. CA 91770 u Ex/t/vir Z3 trlca uan rxwuxa Nm Mcoxou,t w EASEMENT ADN 0225-111-07 FOR A VALUABLE CONSIDERATION, rcuipt of rhiC6 u hereby Kt9arlWted, V ItNM1iw/IY mcl.n> Arv,al~.::r• •• _ _~~~:: ~.~.~ STAEET AND RELATED DLBPDSES -_M•~ in, over KW upon thm certain real property in We City of Aav[hoCuTamollta, County o(Sto Banrtdluo, Sumof CtBfor9it, CWmECd u FaDowa: SEE ATTACHED EXHIBIT 'A' DATED: DA1ED: DATED: DATED: nasm Owed OENEML ACKNOWLEOOMENT Slala of 1 OnIMaIM_oryof ss CaunlY Of 19~ MI9N IM, IM YMYNI9ME N91W PYWic, pxaoMW WM/K O pwa9nwilYtMwnbYM O INYVw01omY M IMba4a K xtNIKla,yhlEKea IwMlM pmwMalwMNnwMN aYbKfIM01o1M wltMnlnslrumanl.wM KFMw1YEpat1AY 9YKYIt911, WITNEBtmyMM wgollx:ul aYal. Nmrr'otwpnNUN TN[9 I! A cMEML ACtN011Lt99N16NT, yLWt Blt Moytll ACttOxLao9fNttT, Ll. yMTI1GfaV. COIIyoMTt, tTC. ~~ That portion of land in the City of Rancho Cucamonga, County of San Dernardino, State of California as described in deed to Tzai-Stn Lu, Su-Yi Chunng yu, Chao-Di Su, Ray-Pang Wang, Katharine !fader recorded ~Y 22, 1989 in Document No. 89-182744 of Of:icial Records, in the office of the County Recorder o£ San Bernardino County, within a strip of land, 71.00 feet vide, lying 33,00 feet Northerly of and 38.00 feet Southerly of the following described centerline: Hegi nning at the centerline intersection of Etiwanda Avenue and Summit Avenue as shave on Record of Survey, in the County of San Dernardino, State of California, ae per map recorded ~in Boo Y. 38, Pages 42 through 44, inclusive of Record of Survey, in the office of the County Recorder o£ said County; thence South 09°74'28" Weat 721.25 Eeet along the centerline of said . Summit Avenue, to the beginning of a tangent curve, concnve Southerly and having a radius of 1000.00 feet; thence Westerly along said curve, through a central angle of 6°09'14" an arc !tenth of 107.41 feet: thence T.a naent to °aid rurve. Snnth B3°25'14' West 382.98 Eeet to the beginning of a tangent curve, concnve Northerly and having a radius of 825.00 feet, said curve also being tnngent at its Westerly terminus wish the East-West center Line of Section 29, Township One North, Rnnge Six West, Snn Bernardino Base end Neridian; thence Neeterly along 9a1d last mentioned curve through a central angle of 6'57'02" an arc length of 100.08 feet to aeid East-West centerline of Section 29; thence North 89'37'44" West 160.OO.feet along said East-West centerline to the beginning of a tangent curve, concave Northerly and having n radius of 825.00 feet; thence Westerly along said last mentioned curve through a central angle of 9'44'39' an arc Length'of 125.91 feet; thence tangent to said curve North 80°53'05" West 160.00 feet to the beginning of a tangent curve, concave Southerly and having a radius of 825.00 feet, said curve also being tangent at lta Hesterly terminus wicn the Baia centerline of Summit Avenue as shown on said Record of Survey; thence Westerly along said last mentioned curve, through a central angle of 9°32'27• an arc length of 137.38 feet; thence tangent to said last mentioned curve South 89°34'20" West along aeid centerline 750.18 feet to the beat line of the Northeast Quarter of said Section 29, said point being 33.00 feet Northerly at the center of said Section 29, along said West line. The property lines shown on the attached eahibite may be contestable, therefore the intent of the easement is that the property owner grants to the Clty that portion of hie property Which is required for the alignment of Summit Avenue as described herein before. fXHI[31T A" (~ •QpOt ESSipy~ i ~ API ~ O.(~~~~1J/./n~4% ~~ ~ ~ rlw/ ~° "No. II205 ° ~' K Erp, 9.30.92 \'riyP CI VIt. l~T , EOP CM1UiO% w...~• n ignn_ 1~°n ~, M~~~ o~~~ T~ ~ axm? mmx_ Mat 37~ ~~~~ a r m_ ~ O ~: r om8 3'F ~_- mm C m I _~ n -0I O fr' -w~, ~ ~~ m ~, SIN ~~~ s ml~ ~ ~I y o ~~ ,I rn x x m n` -- s"a. 49~ oo. s~, D y z h N', Z C ~ M v y r a 0 Y _E LY_¢'L i~ 5~ E ETn~~n •a nv~riuc CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Mike Olivier, Senior Civil Engineer e~ . SUBJECT: Approval to open escrow with Eda Ellena, for purchase of sand at 12428 and 12472 Base Line Road, to obtain the right-of-way for the Hughes/Lyon/Victoria Associates' development of parcel 11838 on Base Line Road, west of Victoria Park Lane, for 584,550.00, plus escrow fees of 55,000.00 to be paid from Account No. 01-4637-4537. (Deeesrt Accounr, from Develaperl and authorize the City Engineer to execute all necessary documents. Recommend Approval to open escrow with Eda Ellena, for purchase of land at 12428 and 12472 Base Line Road, to obtain the right-of-way for the Hughes/Lyon/Victoria Associates' development of Parcel Map 11938 on• Base Line Road west of Victoria Park Lane for f84,550.00, plus escrow fees of 55,000.00 to be paid from Account No. 01-4637-4537 and authorize the Ctty Engineer to execute escrow documents on behalf of the City. BACKGROUND/ANALYSIS In accordance with the Agreement far Acquisition of Off-site Property between Hughes/LyonNictoria Associates and the City of Rancho Cucamonga a settlement for the purchase of public right-of-way for the development of Parcel Map No. 11838 has been reached. The Engineering Design Staff met with Eda Ellena to discuss the pending situation at her parcel on Base Line Road. It was agreed that the City would purchase her property for a purchase price based on an appraisal prepared by an independent appraisal consultant. The funds for the purchase are to be provided to the City by Hughes/Lyon/Victoria associates to accordance with the December 7, 1989, agreement. Since the City Engineer, by resolution, 1s authorized to accept the dedication on behalf of the City, permission 1s sought hereby to also allow the City Engineer to execute and validate escrow documents on behalf of the City. Re ~ submitted, . ~''~- T .L / Attachment ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: F. Elliot Goldman, Deputy City Attorney BY: John L. Martin, Associate Civil Engineer SUBJECT: Approval to authorize and direct the Mayor to execute settlement documents relating to eminent domain for the Base Line Road Nidening, Phase II, Pro,{ect at 12659 Base Line Road, case No. RCV 050801 (City of Rancho Cucamnga, Etc., V. De Lila Lopez, Etc., et al.) and direction to the City Attorney to proceed 1n conformity therewith RECDMENDATION: Recommend authorization and direction of the Mayor to execute settlement documents relating to eminent domain case No. RCV 050801 (City of Rancho Cucamonga, Etc., Y. De L11a, Etc., et al.) and direction of the City Attorney to proceed to conformity therewith. BACKGROUND/ANALYSIS The Enai npprt nn Doclnn oafs w~M .,1 ,......... _ __ -.,-._ right-of-way agreement with Ms. Lopezaand her representative.~~ After several attempts, Ms. Lopez remained firm in her refusal to work with the City. Therefore, the eminent domain proceedings were Initiated. The City Attorney's office has been in contact with Lhe owner and legal representative in an attempt to negottate a settlement and avoid the final action, but to no avail. Execution of the settlement documents will conclude the eminent domain dedicationsneeded for the Base LineeRoadnwideninideroje tetresentl-ounder construction. g p P y Respectful submitted, ~~~i , „ , .~„ _> ~_:~ - _ ---i Attachment REEOLDTZON NO. ~~~/ A REEOLDTION OF THE CITY COLfNCIL OP TH8 CITY OF RANCHO CtlCAMONGA ADT80RIZING AND DIRECTING THE MAYOR TO E%ECDTE SETTLEMENT DOCOMENTB RELATING TO EMINENT DOMAIN CA88 NO. RCV 050801 (CITY pP RANCHO COCAMONGA, ETC., O. DE LILA LOPEZ, ETC., ET AL.) AND DIRECTING THE CZTY ATTORNEY TO PROCEED IN CONFORMITY THEREWITH. A. Recitals• (ij Tire Caty Council i~d5 :iirzotz3 ulv uy Ai.iorney Lo initiate and pursue to completion an action in eminent domain seeking acquisition of a portlon of the real property commonly known as 12659 Base Line Road, Rancho Cucamonga, California by Resolution No. 89-409 adopted September 6, 1989; (ii) The City Couneil has bean presented with, and has agreed to, a settlement offer concerning the above-referenced litigation; and (iii) The necessary documents have been prepared and require execution by the Mayor, on behalf of the City oP Rancho Cucamonga, in order to Pinalize the settlement agreement and Court oroceedinq. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Rancho Cucamonga, as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The Mayor is authorized and directed to sign, on behalf of the City, the agreement for purchase of real property in settlement of eminent domain proceeding, and such other decuments as may be necessary to finaliie the agreement set forth therein. ~. The City Attorney is directed to proceed in conformity with the settlement agreement. ADOPTED AND APPROVED this day of , 1990. Mayor ~` ` 1 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 2J, 1990 GG c~yc^^aoy~ 2~ j 9C1 41 ~. A F' ~ > -- 197 TO: Mayor, Members of the City Council n and City Manager FROM: Joe Schultz, Community Services Manager BY: David e. Statton, Assistant Park Planner SUBJECT: Joint Use Agreement by and Between Central School District and the City of Rancho Cucamonga (District and Park Facilities). RECOMMENDATION• Approval of the Joint Use Agreement By and Between Central School District and the City cf Rancho Cucamonga (District and Park Facilitiesl, and authorization to accomplish city improvements of the Bear Gulch School Site playfields to be funded from the Park Development Account 20-9532-8926 for the amount of $13,750.00. OHLAbRV UlV V ' A joint use agreement has been developed with the Central School District. The District and the City will share the use of the IIear Gulch School site facilities and the recreational facilities of Bear Gulch Park. The District will make available to the public and sports groups their Bear Gulch School multipurpose room and playfields in exchange for city improvements of the playfields. Improvements and renovations by the city are to include three baseball fields, two soccer fields, tWO turf volleyball areas, and three exercise stations. The landscape architects estimate of probable construction costs S $i3,i4D.OC, whi Gi inCi uiie5 d Oi eGiiLing a,v'y. ubavyldntiy tG begin work on the imporvements, City Council approval of the agreement and authorization to accomplish city imporvements of the school site playfields is required. This joint use agreement will off-set capital intensive developn and maintenance projects of City park sites while providing the now needed facilities to the public and special interest groups. Central School District ,Tune 20, 1990 Page 2 It is anticipated that the City improvements to the school site playfields will be completed prior to the commencement of the 1990-91 school year. JS:DBS:bs x, -~9 ~. Dooerlption o1 School eltm: BEAR GULCH ELEImHTARY SCHOOL 8355 Bsar Gulch Plaw Rancho Cucamonga, California 91730 Tho Bito is 10.45 eoros and consists of a building arcs of 31,1]6 sguaro lwt. Ths Bite includes a Modis Centor, Hultipurposo Building, Administration Building and 22 classrooms. Description of Park Site: Bear Gulch Park, City of Rancho Cucamonga 9070 Arrow Highway Rancho Cucamonga, CA 91730 The site is 4.77 acres and includes a restroom building, a large children's play area, 2 100 x 300 practice soccer field/open clay area, 2 9 station exercise course with exercise path of .31 miles, picnic areas, and a shade shelter. EXHIBIT A ~n p one baseball backstop mss,. "Wings" on existing west baseball field backstop Ons sat of soccer goals secured to turf Three exercis¢ statiora W/ 9P 1330(a) qse of School Facilities The Governing Board shall make school facilities and grounds under its jurisdiction available as a civic center tc citizens and community groups for the lollowinc nurposas and under the terms and conditions sat by the Beard: 1. Public, literary, aciantilic, recreational, eduea- ticnal, or public agency meetings. intereat~ 3. The conduct of religious services for temporary periods, (not to exceed two years and to be renewed annually) by any church or religious organization which has no suitable mooting place far the conduct of services. Tha Governing Board will charge the church or religious organization the fair rental value fee. 4. child care or day care programs to provide supervision and activitiaa for children of preschool and elementary arhnnl was. 5. Administrative of examinations, by public agencies, for personnel selection or•the instruction of precinct board members. ' 6. Supervised recreational activities. 7. Mass taro and walfara shelters, by such public agencies as the American Rod Cross, during disaster or other emergencies alfactinq the public health and walfara; and,tha provision of any anrvices doomed necessary by the Governing Hoard to mast the naada of the community. (Ed Coda 40041.5) 8. Other purpoaaa deemed appropriate by the Governiriq Hoard. Tha Board delegates to the Superintendent the responsibility for preparing and administering rules and regulations including the aatabliahmant'o! a tee schedule for use of school lacilities. These rules and regulations shall include but not 6a limited to: ~~ ExxlsiT "c" eP la3o(b> [rge of School Facilities (continued) 1. Providing encouragement and assistance for any of the activities listed above; 2. Preserving order in school facilities and grounds; 3. Protecting school facilities and grounds from damage; a. Ensuring that use of school facilities and grounds under this policy is not inconsistent with and does not interfere with the instructional program. 5. When the district authorizes improvements to athletic areas to ba made by an organization (i.e. construction o! backstops, dugouts, outfield Lances, snack bars, scorabaarda, electrical systama, etc.), the maintenance of these improvements will be the responsibility of the organization. A12 coats will be borne by the organization. A copy of the Board's policy and regulations governing use of school facilities shall be available from the site administrator to those person: or groups requesting use. •tne coverninq ncarQ et1611 LUL tjL 4aLL ~aHii i~.id6 ~i,i ui.= v. the following activities. 1. Any use by an individual, society, group or organi- zation for the commission of any act intended to further any program or movement dedicated to overthrowing the United States or state of California Government by force, violence, or other unlawful means. 2. Any usa o! school lacilitias or grounds which is incon- sistent with school purposes or interferes with the regular conduct o! sebaol or school work. ~. Fund-raising campaigns except as permitted by Governinq• Board oolicv ar saecial action oL the Governing Board. a. Any use which is discriminatory in the legal sense. 5. Any uea which involves the poseassion, consumption, and/or sale of alcoholic beverages or any restricted aubatanca on school property. Parsons or organizations applying for lacilitias shall be required by the Governing Hoard and in accordance with the Education Coda, to submit a statement o! information which asaurea the Hoard that: EXHIBIT "C" 2 BP1330 (cJ TTSe of School Facilitiaa_ (continued) the facility applied for will not be used for any purposns intended to advocate the overthrow of the united Stataa by any means; the organization applying does not advocate the overthrow of the IInited States government or the state of California; c. the organization is not a communist action or front organization Persons applying on babel! of an organization and who era not otticars must have a writan authorization from the applicant group. In addition to the written statement of information, and the "hold harmless" agreement, which shall ba submitted an a district loan - Exhibit A, the Board may require additional information from applicants. An organization's statement may remain in attnet for up to one year lrom the date of application ar may, nt the Supar- tendant's discretion, be required to ba tiled each time a person or group appiiaa. It may be nacasaary to deny use of facilities on weekends or holidays it authorized parsons cannot ba made available to provide supervision. It should ba noted that premi+na rates will be charged on weekends and holidays. The use of school tacilitias or equipment for private parties, showers, or.receptiona honoring private individuals and the like, is not deemed to serve a public purpoaa and such use is prohibited. The prohibition should not ba construed to restrict the use of tacilitias for recitals or other events a! a cultural or educational nature which era Tree and open to the public. The use of intoxicants or narcotics shall not ba permitted nor shall protana language, quarreling, fighting, or gambling ba permitted. Violation of this policy during occupancy shall ba sutticient cauea for denying turthar use of the school lacilitiae. ~~ EXHIBIT "C" 3 SP 1330 (d) Fees Definitions: "Direct Costs" are those costs incurred by thn district in providing the use of school facilities or grounds to individuals or organizations. These include supplies, utilities, cuatadial aarvice and any salaries for or services provided by additional district personnel ^Pair Rental yalue^ are fees assessed individuals or organizations which consist of direct costs pj}L1 amortized costa for uaa of faCilltles or groanQS used fer the duration o! the activity authorized. .Free IIse of school Faeilitiaa Community organizations shall be granted lrse use of facilities. Included, but not limited to this .;atagory are: 1. District sanctioned/sponsored clubs or organizations. 2. Parent-teacher organizations. 3. School-community advisory councils. 4. Little Iwague, aaceer leagues, scouts; etc. 5. Board recognized local bargaining employee organiza- tions. NOTE: Community organizations other than those authorized by the City's Recreation Department which use lacilities during times other than when an employee is regularly on duty shall be charged a tee to cover the District's costa. n~t;vit+es Chareed Fnea f,4r Dse of School Faeilitiaa All activities other than theca eligible for tree uaa will be chargad a direct cost tea. Exceptions to this are groups which shall be chargad the fair rental value: 1. Religious individuals or groups which era granted,tha use of school facilities. ..J 45 EXHIBIT "C" 4 BP 1370 (e) p r;.,;r;.n rharced Fees Lor Dsa of School Facilities (continued) 2. Grcups which use school facilities or grounds far the following activities: a. Fluid-raising activities which era not beneficial to youth or district aponsorad activiti.as. b. Entertainment or meetings where admission is ehazgad or contributions solicited and the not racaipta are not to ba used for charitable purposes or for the welfare of the discricf`a atudants. Individuals or groups uainq school facilitles under the provisions of the policy shall ba liable !or any damages to property caused by the activity. The Hoard shall charge the amount Hasa:sary to rspair any damages. Further use of school facilities may ba denied the responsible party. Legal Raterenca: EDDCATION CODE 10900-10916 Community Recreation Programs aooao-aooa7 Civic Center Act: use of school property for public purposes. AttaTxr._ca sxn pROpPS9ZONAi CODE 2E60a Consumption, saln of alcohol or. s~aol grounds Policy CERTRAL SCHOOL DESTRICT adopted: 8-31-88 Rancho Cucamonga, Calilormia ~~ EXHIBIT "C'.' 5 AR i330(aI Cammanity Rclatieaa Oa• o! School Paeilitiea Raley sad Rawlationa !oz the Dae ai Faeilitfca Lor Nan-Sehoal Yuraoau application Procedures: 1. Sehednla as appoiatmaat with the site administrator to disease the iateadad ass o! Laeilitiaa. 2. Complete sad aubmi.t to the site administrator the applieatioa. _ _i 1 l r `rt ` '.~ J I _.!t _ _ ~ Leis rental valnc Lae applicatioae. 3. IL regaast Sa approved, it will ba forwarded to Gha District Businus O!lice !or final approval and, 1! applicable, detcrmiaatioa o! leas and deposits. . 4. altar ehe applieatioa is approved, copies will ba distributed by the Oiatzict Huaiaeaa Office to appsopriaie;individuala. S. IL as applieatioa Sa sot approved. it may be ruubmitted, sab~aet to the regwatiaq orgaaizati'oa or individual maetiaq District regaircmaata. Piliac of Statemaat o! Information: To dctesmine i! say individual, society, group or organization applying Lor the sae of aehaol laeilitias iatsada to violate Edaeatioa Cade 40044 (overthrw o! govarnmeat) the applicant shall deliver a complete sad sigaad statement o!'iatormatioa as regair~.e'+d_ by Education Code 40045. The Superintendent er designee may require additional intormatiea ii deemed neces:ary to make the determinatiaa that there will ba ao violation o! Education Code 40044. Piliac Dates and Caacallatioas: Applications moat he filed at the sits sad lon+arded to the Oiatritt Huaiaeaa OlLice ae least 10 working days before the use of the facility. I! there is a eaneellatioa, aotica must 6a gluey to the aehcal or site involved either 6y telephone or La writing no latnt than the and ai the workday prior to the avant. Tho site -~Ta-^-iatra- tor should notify the District Husiaeaa Ofliee o! such caaealiation. Protection o! Schocl Promcrtv: All iadividuala sad groups sacking uaa at District pramiaae moat provide avidcnc• o! insurance [or Chair own acts and provide a eertiticata o! insurance sad other doeuaentatioa u required by ehe district. In addition, all individuals and groups must,provida !ei adul, supervision of all Laeilitiaa and equipment. District property must ba protected from damage and miatrutmut and ordinary preeaaeioaa !or cleaaliaau maintained. ~~ exexexT "c" AR 1330(7) IIae e! Schaal Pacilitias (matiauadl Proteetien of 3ehaol Preoerty: (contianed) iadividnala and groupsshall be respoaaibla for the condition is which they leave the buildiag,Pramiaea, and/or aq:sipmant. in caeca where Oistrie:t property has been daaiagad or abused beyond normal wear, the costs of repair oz replacement shall he paid for by th• parties involved. An additional charge will ba made if custodial overtime is needed to restore the facility to Sts original eoaditica. Aaaioamant of lacilitiea: Sit• admiaistsatera reaarve the right to assign anitable faeili- tiaf +35~ ae^,ai.maat. Site's euater Calendar: All sites rill be raapoasible !or placing approved meetings on Chair master calendar for the prewar aotilieation of personnel iavolvad.~ Paz asetiaga aehaduled zegalatly throughout the 'year, one application will be sufficient. Reserved Wanks: The following wanks shall generally be reserved !ar school ua• only: 1. TIIe first sad last weeks o! school. 2. The last wank befera the winter sad spring holidays. 1. 'EAe Masai OL paranL wur ~~au..~a. Priority of IIsa: Priority for the use of faeilitiaa is established as follawa: 1. IIs• by the Oiatrict for conducting its educational programs sad/or activities. 2. IIa• by the parent-teacher groups sad/os school/community adaisory councils. ' 3. IIse by the appropriate city reereatienal department is cooperation with the OistriM. 4. IIsa by oranizsd eom:uaity grnupa far the aon3eeting e£ youth aetivitias (Little Laaquea, weear lugnae, Eeouta, ate.) S. IIs• by other groups for conducting aetivitias is accordance with the Civic Canter praoiaioas of the Education Coda. /O EXHIBIT "C" 7 AR 1330(e) Oae o! Sehooi Paeilltiu (continued) Revs to Sitsa: Rays tc faeilitiu shall ncwe ba iaaaed tc anyone othts than school employees ualaas approved by the Asaistaat Saperintendsat, 8nsi.aess sarvicaa, or deaigaee. Ri :ehan Paeilitiea The Poad Service Superviaos ahail assign a food aarviee worker the rupocsibilities o! the use and cars o! lood services agttip- matt whenever kitchen faeilitiu era needed. The number of individuals allowed into .the kitchen shall ba detasainad by the food service corker in char4e. Os• o! Paeilitiea: 1. Paeilitias may be made available to the general public altar eehaol boars aafl on days rhea schools ass not is saaaioa. 2. These shall ha ao skating (slataa or skatebcazda) or bike/ motorcycle riding around or near acheol buildings and corri- dors. 3. Roeketa and nay other objects neiaq esploaives er lusl for prepulsien shall net be permitted oa the school grouada ualeas ao authorised 6y the site administrator. 4. Thera aball be na cooking allwed oa the siren except is A..~,.w.•ri s~.aa. 5. There shall 6e ao climbing o! trees, fences, 6aekstopa or buildings. 6. Golf and archery activities are act allowed at any tiro oa nay aehool greucde unless ao authorized by the site admini- strator. 7. sackatops shall not be moved sad other disezict property is not to be diatuzbed. 8. Thera atoll be no throwing o! racks, dirt or debris. 9. All litter shall ba removed by uaesa before leaving pramiaes. 10. Ths only hardball aetivi*.Ses which ar• authorixed ors chose ' ooor4laated threuah the CSty's RaCreatios Department. li. vehicles shall tae 8rivea and parked only is designated areas. l:. Mo one shall be allowed on school Rrouada betreea nearer sad sunrise unless so authorized b~ the •ite administrator. ~~ EI(BIBZT "C" 8 Rules sad ~eenlatioas for the Oae o! Paeilitiaa for :tea-School Pnroosea (GOatianld) ' Os• of Paeilities (continued) 17. Ho games of chance will'be p~-mit ted on sitaa ualsas approved by the Governing Eoard. 14. All decorations shall be erected sad dismantled Sa a manner that will not be deatrnetive to District property. 1S. Cansumptioa or Gale of food or zaireshments shall not ba permitted wleas so authorized by the site admiaisuatar. 16. Smcieia4 will be permitted only is arena deaignat~d by the aita adminisuator. Smoking is only permitted when no children are oseaent and .rhea these is as adaquat• auPP1Y o! ashtrays. 6oeration a! School Ecuiomeat: Specialized equipment owned by the diatriet shall be approved !ar us• oaly when an indioidwl trained in the operation o! such equip- ment is available sad ao authorized by the cite admiaiatrator. Oanial o! Dae: iadividwla or organisation: not complying with the Diatriet's rules may be denied further we o! school laeilitiea. Presence a! District Peraoaael: .ii ....~..t .,-. ,t... .w....A Lv ~b ¢nnwri nfweAwn~ er dweianwe. shall require the prueaee o! as iuthariz~d diauiet employee at all times. Tae employee shall parlorm duties as determined by the sit• admiaisuator. Settino Oo Pacilltiea: Employees assigned to use-al-lacilitiee !unctions may be required to properly clean up sad set up faeilitiea !or use !ar regular school purpoeea l»lare the next school day as part oL the aseign- ment. Activities Reauirino Additional Time: Activities that require time is excess of that authorized or thoa• shawiag improper use of school lacilitiaa should be brought Dromptly to the attention o! the District Bwiaess O!liee by the ales administrator. Activitea of Emolovee Oraaaizations;_ Employee organizations shall have she right o! access at raaaoaable times to area in which esployeea work, the right to use institutional bulletin boards, Oiailboxea, sad other means of ~^'~^^~^Seation anbjeet 70 EXHIBIT "C" 9 AA 1330(al Aules sad Rawlatioaa for the Ua• of Pacilitiaa for Noa-Sehoal unosea eantsan 1 Aetivitiea at Emolovae Organizations: (continued) to raaaoaable regulation, and the right to nee institutional taei- lities at raaacaa6le timaa for the purpoe• of meetings mneeraad with the exareis• o! the rights gaaraateed by the California Govarnmant Coda. Aanraval of Aaauaats: Requests far authorization for work beyond the regularly aaaigned hours must tizai 6a approved by the employee's supervisor. Staring o!_SUOOlies: The atoriaq of auppliaa must ba pro-approved by the site aam.iniatrator and may ragaiza as additional deposit and/oz Lea. Security Deooait: The saeurity deposit as apaeitied is the Paeility Pee Sehadule as approved by the Governing Board shall be aabmittad pricy to the us• a! tacilitiea. The aaenrity deposit will b• ratnraad, is full or part, as determined by the Assistant Supariateadeat, 6nainesa Servieea or daaignae aubjece to the condition is which the taoillty is left. Pee Pavmenta: Dpon approval of the application all tees must be paid. Thi required aeeuzity deposit, i! any, must also be made at that eime. Separate oavment arraaaemeats may b• oaasible for iadividnala or oroaaizatians uainq Laeilltiea over an extaadad Darlad of time. Dapaaita are retnndable sabjeet to nee of the facility in aeeardaaca with the district's policies and ragalationa. Pree Use: In aeoordance with the Education Coda no tae, except as noted below, aha11 ba charged to anp a! the Lollowiaq gzoupa: 1. District aaaetioned/apaaaorad clubs. 2. Paraat-teacher organizatiow. 7. School-community advisory eauaeila. 4. Little League, aooeez Laaquaa, Scouts, etc. 5. Hoard-raeognizad local hargaining employee organizations. NOTE: Community orgaaizatiam which us• facilities during times ocher than ahea an employee is regularly on duty shall be charged a tee to cover the district's coats. Direct Cost lea: A direct cost tea shall be charged to the following organizatiana or aetivitiea: . ~/ EXHIBIT "C" 10 )1R 1330(2) Rulsa and Raaalaeiaaa !or the Da• o! yatflitiaa far Non-School Pnrpaaaa (mataauafl) Direct Caat Paa: (eontiauad) 1. Public aganciaa. 2. organizatlow, clubs, ar assaciationa argaaized !or cultural attivitin sad general charaetar building or valtara puzposaa (such as folk and agaar• dancing). The czitaria apecitiad !os the direct coat Lae are w follows: 1. The direct cost of opening and cloning the facilities, it no ataooi ampivywi w-~- ~' _ ___ ~ ~^_~~~?`1! LR n~rtnrID that function as a part of their normal dntisa. 2. The direct cost of a sehoel smplapss's prsaanea during the organizaeioa's wa of the facilities 1! the eaployae would not taws aehsrxise bean present ai part o! his/bar normal duties. 3. Tha direct mat of eastadial/grooads wskara, it the aarvicaa ars aseeaaary, and apnld not othsrwisa lava bean psrloraesd as part of the ewtadlal/grecada normal dntisa. 4. The 8ireet mat of utilitip directly attrihata6la to the organizatioa'a we et the laeilitiu. ht~ O-n•il Valaa ~aai 1. Religious orgaaizatioaa or ehutchaa wing district tacilitiaa. 2. Fundraising antertaiamanta ar watiaga vhsre admission fps ar• charged Cr matributioaa are solicited sad not sapaaded for the waltara of the atudaats of the district. for information regarding fees, r~tsr to board approved !h schaduls. 7y ~ ~ . 'r' EXHIBIT "C" 11 APPLICATION AND PERMIT FOR USE OF SCHOOL FACILITIES CENTRAL SCHOOL DISTRICT 9E5] FOOTHILL BLVD RANCHO CUCPMONGA CA 9DJ0 NOTE: APPLICATION MUST BE SUBMITTED TEN WORKDAYS PRIOR TO USE USE INN OR TYPE -PRESS HARD OPLANILATION LOCAL O'$iR'Ci GROVP% JA}E ^ YES ^ NO ADDRESS SCHOOL iACPIiv oE51RE0 FACILITIE NEEDED EOUIPMFM1i NEEDED CPEN iD OVgLIC+ ADMISSION CHAPGEU% ^ MULTIPURPOSE O CHAIRS Iwn+' ^ YES ~ NO ^ VE$ ^ NO ^CLASSROOIA I]TABLE$ ~-~°°"' eAPfciEO ArENOANCF coNTPIevTIOH ASwfc+ ^ KITCHEN ^ P/A SYSTEM ^ RESTROOMS ^ PODIUM -ADULTS __CHILDREN DYES ^ NO pLAyclELnc Q STAGE LIGHTING ~ ALL DATES ANO TIMES NEEDED I U PIANO perf cAV .POM TO ^ OTHER Q OTHER DESLRIPiION OF PROPOSED dGiIVIi IES iAiiALN OMGRAM OF OES'PEp FUPNII'JPE ARRANGc'MENT' PPLILANi AGREE5101NOEMNIfY ANO SAVC HAPMLE55 LXE CCNTPLL $LXOOL iHE'JNUEPSIGNEp STATES YXAT YO LHE OESi Oi HI$ NEP nNOwLEDGE iNE olSiPlLi li50ffICERS AGEEIiS ANDEAIPLOYEFS AGAINST ANV ANDA4 Lp55 CHOOL P40PERLVFOP USEGf WHICHd4PLICATIpN'$NEPEBYMADf WILL UpT pAMAGE ANO OR LABILITY TMAi MAV bE SVfi ERfD OP iNLVRRED by LNE 9E VSEO TOP THE CONM15510N Of pNY ACi INTENDED i0 fUPTXEP ANV PPD. SCHOOL O'STRICi li5 Off'LEPS AGENTS ANO EMPLOYEES AND eGdINSi ANV 'RdM CP MOVEMENT THE TIPPOSE OF WHICF'S LD ACCOMPLISH iuE OVER. ANO eLL CLAIMS DEMANDS ANp CAVSFS Oi ACTIOn THAT NAV PE MdOE OR ~nPOw pf TrR fnOVERNMENi Oi ME VNITEO STATES By [d1Lf WOLENCE OP BPOUGXi AGAINST inE 5CXO0L 01STRILi rt50FrICERS AGEMS AND OTnfP UHLAWfVLME4N5 iXAi iXE OPGANILA21pN ONWrgSf BEH4i HE SHE EMPLOYEES CAU5fO0Y dPISINGOVi Of OPINANV wAVCOxxELTEOWIM i4E iSyexINGAPPLICAL10u FOPU5E0F3CHOOL PPOPEPTV pOE5N0i TOTNEPEST VSE BY APPVCANi OF TNf CENTRAL SCHOOL DISTRICT iApUiv OP iH5 E"ER O: m5 NER vNOWLEOGE ACVCUTE THE OVEPTHROW OF inf GOVCPNMENi OF CISE Oi THE PRIVREGE Hfnfw GPANTED APRIUNT FURTNEP AGNfFS'O bF TnE UNITED SiAi ES OP Oi TNF STATE OF GL'iOPNIA BY FOPLE wOLENCE OR PEPSONALLV RESPONSIBLE ON BEHALF OF NISXEP OPGANIZATION TOP AN• `•infP UNLAwiUL M[.AN~l4pTNA*TO iNEBEST Oi NIS NEPnNOwLEDGE IT'S pAMAG! SUSTAINED BV TNC $CXOOL PPFMISfS FL'PIIIT VPf OP FOVIPVCNi 40T A LOMMVNI$1~ACilON ORGANILAt10N OR LOMMVN15T~FgUNT OPGANIlA. BECAVSE Oi THE USE OP OCCUPANCVUF SAID MEM15E5 P.v 415 HFP CPGdN'1A •ION PEOVIPE09YL<W TO BE REGISiEPEO WITNTMf AiiOPNEVGEnERAL OF iXE TIOU ANO TO ABIDE By AND ENFOPCf THE RULES RfGUU NONS aND a"v,lnfn 'urt FP cTAi'S ` '[ Sie TEyEN*'S yM5 VVpER PE`:A:^ES Ci FC':JRV 1 frRECENTRAL SLtlOGL D15TPICiGOVFPNMG in.EUSEJi SLnOpLrAl,lllllu .EC Wd4 j AND C'JVIPMENI NwME ANO TITLE Oi PPP•ILANi $ILNAY VPE AfxNOWLEOGES PELEP' U' tiIGN°LVRC i6LEPFpNE NVMOEP BOANO POLICIES ANO PEGyLp Y'ON5 I AOOPE55 CVr LIP LOOF NAME AND TITLE Of APPI'CANT AL: EPNATE SIGNA:VPE ACXNOWLEDGE$ 5'G"PiURE TELEPHONE NUNBEP PECEPT Oi BOARD POL'OEE ANO REGU'.nnONS gppPF55 L'iy 21P LODF CHANGES M dPPLIL4110N MVST BE MADE TXROVGN 51iE ADMINISiPAiOP - fOR DIFTUQ VEF DNLY - COMMENTISI ^ APPROVED O DISAPPROVED - SITE ADMINISTRATOR'DATE I ^ APPRVVED I,UMMtN 11J1 ^ DISAPPROVED DISTRICT APPROVAVDATE CUSTODIAN AMOUNT OF RENTAL 3 CUSTODIAN TO BE PAID> YEb _~ NO TIME OPENED ~_ TIME CLOSED _ AVARABIUTY CONE IPMEDT YES __ NO RfD0110 Or DrsrgleuTlDN REOVIREO OEPOSITISI AMOVNTf omanuroe~vnan con OMOIWTOR ¢oMMMfm efw coat Rn noMFNerRATq ~ GeuN con FgTfl: DEPOSIT REfuNOASIE 9USJECT TO COMPLIANCfl WITH euAOFFDf Arlo OAp:rge wnR ~ cANwY wqr DISTRICT'S POLICIES ANO REDULATIONS DwraFxw or eLgawD . aINII coat OgFNDT DFFKF . OMdMMIp fNn 3 PERMIT IS SUBJECT TO CANCELLATION IF REOUESTEO Ptet MV. It/M ~ T IrDv USE CONFLICTS WITH DISTRICT USE. - CITY OF RANCHO CUCAbIONGA STAFF REPORT ~~'~~~'., ~~I ~ 7'. F F1 ~ 'D J,_ _ -- 197] DATE: June 20, 1990 TO: Mayor, Members of the City Council and City Manager FROM: Joe Schultz, Community Services Manager BY: Kathy Sorensen, Recreation Superintendent SUBJECT: APPROVAL OF ALTA LOMA HIGH SCHOOL POOL RENTAL AGREEMENT To approve the attached agreement for swimming pool operations and the expenditure of a rental payment of $624.00 per week for the City's Community Services Department to conduct swimming lessons and open swim at Alta Loma High School. Each year the Community Services Department conducts swimming lessons and oper. swim opportunities for the residents of the City of Rancho Cucamonga at Alta Loma High School. This program is extremely successful witR an increase in programs expanding 508 to 758 each of the past two years. The swimming Program is totally self-supporting through the class fees and swimming fees chargefl for participation. The attached agreement has been reviewed by Jim Hart, Administrative Services Director. Respectfu}~y submitted, _~ J~, -u : i nX. Jotr! Schult 2n~ Community Services Manager JS/K9/kls CITY OF RANCFIO CUCAMONGA STAFF REPORT Date: June 7A, 1990 To: Mayor, Members of the City Council and City Manger F:c^: Jerry FW'wced, Deputy City Manage: '/y /, v By: Paula Pachon, Administrative Assistant P CtJ~MO G~ J ~9 oi! o F, z Z U' ~ VD 1977 Subject: Implementation of the Drug Abuse Resistance Educadon (DARE) Program RECOMMENDATION: Staff recommends that the City Council implement the Drug Abuse Resistance Education (DARE) program through the execution of the attached Memorandttm of Understanding between Alta Loma, Cenvel, Etiwanda School Disticts, Ne County of San Bernardino and the City of Rancho Cucamonga. BACKGROUND The DARE Ro¢r The Dmg Abuse Resistance Education (DARE) program is a substance abuse prevention education program designed to equip elementary school children with skills to resist peer y... ~.....e ... .... e.......~u, .....~.. ...... u.....,..... •...., .u.... uu.. ~..u..r ....vnu y. ue. u... .. u.. developed in 1983 ae a cooperative effort by the Loa Angeles Police Department and the Los Angeles Unified School District. DARE uses well trained, uniformed officers to teach a 17-week formal curriculum to students in the classroom. During the summer of 1989, the City Manager's Office approached ail elementary school districts to see if there was an interest in a joint participation Drug Ahuse Resistance Education (DARE) program. At that time the lack at potential funding did not allow discussion to move forward, In November, 1989, Alta Loma, Central and Etiwanda School Uiavicta contacted the City about the use of new education monies that they would be receiving from the Smte Office of Criminal Justice Planning (OC1P) to finance a portion of the costs associated widt a DARE nrngfam, in order to maximize their dollars the school districts have met and have decided to pool their money ($54,543) and to explore the possibility of implementing the DARE program. Cucamonga School District was approached by both the School Districts and the City m be apart of this joint venture but has decided to use its funds (an estimated $7,000) for Ne continuation and passible expansion of the CHOICES program (a gang prevention program with a minimal amount of drug abuse prevention education) which is currently being used et selected campuses within their Disvict. DARE Program lone 20, 1990 Page 2 Alta Loma, Central and Etiwanda School Districts are aware Nat Ne funds that they will be receiving from the OC1P are inadequate to provide a DARE program to Neir students and have approached Ne City and Ne Rancho Cucamonga Police Department to share in Ne casts of providing such a pmgsam- It is estimated tFst roml test of pmvlding lht DARE program (one ofF car, a vehicle for the officer, and DARE supplies) is approximately $99,095. Due to Ne number of students at Ne targeted SN grade level in the Nree school districts, it is estimated [hat to implement Nis program [o its fullest we would need two officers. However, we are suggesting starting Nis pilot program with one officer end expanding the program to two officers as more funds become available. On April 24, 1990, staff preunted Ne DARE concept to Ne Public Safety Commission for Nair review and recommendation. At this meeting Ne Commission approved Ne wncept and the proposed preliminary budget (or Ne program. The Commission considered Ne fact Nat the Cucamonga School District is not going to participate in the DARE program, but has chosen to participate in Ne CHOICES program, The Public Safety Cownisaion concurs with that daiaion and recommends to Council Nat Ne CHOICES prograro continue to 6e supported as it was last year through Ne Law Enforcement budget. However any expansion to the CHOICES program would have to be funded by Ne Cucamonga School District per discussions we have had with Dr. Costello. The Commission stated that through a combined effort of the DARE program and the CHOICES program a City-wide approach to dealing with gang and drug abuse prevention, education and intervention will ... «......_. .... ._..... .._...~ ................. .... .........._..~ •_rr-... ....... r. _e. _..... Benefits of the DARE Program -- With the implementation of the TARE program throughout most of Rancho Cucamonga youngsters in our community will be taught a course in drug resistance education by specially trained, veteran law enforcement officers, The internationally rxogniud DARE program is in more then 2,000 communities in 49 states, Australia, New Zeeland, American Samoa, Canada and in Ne Department of Education Schools worldwide. Using the DARE program, Rancho Cucamonga will go far beyond traditional drug abuse prevention programs which typically only emphasize dmg identification and the harmful effects of drugs and alcohol. These progmma wam children not to use these aubstancea, but do not teach them how to resist the pressures to try them. DARE will give our children the skills to recognize and resist the subtle and overt pressures Net cause Nem to pxnerimpnt with drags anA airnhnt. DARE will target npr apJdanta when they are. most vulnerable to the tremendous peer pressure to try drugs end alcohol. The leaaona our children will Ieam through the DARF. program will enhance their self-esteem, help them to manage stress, alert them to the behavioral consequences of experimentation with alcohol and drugs, provide them with the skills to resist pro-drug media messages, and will help Nem to identify altemetives to dmg use. DARE will pat just tell our youngsters tu say 'no'; it will teach Nem h-.~t to aey 'no'. DARE is en investmrnt in Ne future of our youngsters and our community. ~~ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by the Alte Loma, Central and Etiwanda Schonl Districts, the County of San Bernardino, and the City of Rancho Cucamonga for the purpose of jointly sponsoring and implementing a Dmg Abuse Resistance Educatim (DARE) program. In order :o accomplish this goal the agcrtcies listed below will eoatzibute the Collowing dollar amounts to be used for the implementation of 6he DARE program: Alta Loma School District -- 530,317: Central School District -- 517,377; Etiwanda School District -- Sti,849; the City of Rancho Cucamonga -- 544,552. The County of San Beroardino will provide one DARE officer in accorance with the terms and provisions of the contract for police service between said county and the City of Rancho Cucamonga to be shared between the three scnoui districts on a propomonat basis based upon the dollar amount contributed by each district to the program (Alta Loma School District -- 56% of the officer's time; Central School District -- 32% of the officer's time; and Etiwanda School District -- 12% of the officers time). This agreement shall be effective from ]uly 1, 1990 through June 30, 1991. If modifications arc necessary before or at that lime, they will be added to this Memorandum of Understanding by mutual agreement of all the panics involved. We hereby agree to this Memorandum of Understanding and certify that the agreements made here will be honored. Signature: Alta Loma School District, Superintendent Signature: Central School Distria, Superintendent Signature: Etiwanda School District, Superintendent Signature: Qmnty of Sim Semardino Signature: City of Rancho Cucamonga, Mayor 77 CiTY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell N. Maguire, Ctty Engineer BY: John L. Martin, Associate Civil Engineer e~ . SUBJECT: Approval of Agreement for Installation of Public Improvement and Dedication between Lucile Laub and the City of Rancho Cucamonga for street frontage tmprovements along Church Street and Ramona Avenue at Parcel No. 1077-301-39 RECOMMENDATION: It is recommended 4hat City Council adopt the attached Resolution approving the Agreement for Installation of Public Improvements and Dedication between Lucile Laub and the City. BACKGROUND/ANALYSIS The attached subject Agreement between the City and Lucile Laub provides for the construction of street improvements which include street pavement, curbs, gutters, drive approaches, sidewalks, street lights and ..~ ~ , 1077-30139. Mrs. Lucile Laub has agreed to grant to the Ctty a Roadway Easement to allow for the widening and improvement of Church Street 1n return for the construction of said improvements. Section 3 of the agreement provides for reimbursement to the City for ali such installations should the present use be altered by modification or development or building construction by the owner, successors or assigns. The street Improvement will be constructed 1n con3unction with the Church Street Improvement Project between Archibald Avenue and Haven Avenue. Res lly submitted, S ~ R/ Attachment RESOLUTION N0. qO 'a ~7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN AGREEMENT FOft INSTALLATION OF THE PUBLIC IMPROVEMENT AND DEDICATION FROM LUCTLE LAUB AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME NHEREAS, the City Council of Lhe City of Rancho Cucamonga has established requirements for construction of frontage improvements in conjunction with the Church Street Improvement Pro3ect between Archibald Avenue and Haven Avenue; and YMEREAS, installatton of curb, gutter, drive approach, sidewalk, street lights and street pavements located along Church Street and Ramona Avenue at Parcel No. 1077-301-39, to be made part of the Church Street Improvement Pro3ect. NON, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga, CalTfornTa, does accept said Improvement Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. ~R CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 To: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Dan James, Sr. Civil Engineer SUBJECT: Approval of Reimbursement Agreement for Installation of a portion of Master Planned Storm Drain facilities in connection with development of CUP 87-26 (Thomas Mineryl, Vineyard Avenue;~between O.A.S. Investors, and the City of Rancho Cucamonga - DRA-11 RECDMMENOATIDm: It is recommended that the City Council approve the attached Reimbursement Agreement, and authorize the Mayor and the City Clerk to sign same on behalf of the City. BACKGROUND/ANALYSIS As a condition of approval of the subJect development, O.A.S. investors, hbn An_ ntn nufi.nA to nt. ~t Ww <. .~~ a...i- e..itf ti•• - . °~- along Vineyard Avenue at Carnelian Street to provide flood-protection to its development. A portion of said storm drain facilities was scheduled by the City to be constructed by the end of the fiscal year of 1990/1991 as a part of Capital Improvements for master storm drain construction. In consideration of the anticipated construction of said master storm drain facilities by the City, the City Council on February 1, 1989, by Resolution No. 89-047, declared its intention to execute a reimbursement agreement with the developer, whereby the developer would be reimbursed the construction costs of a portion of the storm drain facilities, the reimbursements were to be made within 2 retnlbursabte cycles from the date of completion of said storm drain facilities. The developer has completed said storm drain construction, and has submitted itemized statements to the City to be reimbursed for construction costs of a portion of said storm drain facilities. CITY COUNCIL STAFF REPORT CUP B7-26 - O.A.S. INYESTORS JUNE 20, 1990 PAGE 2 The staff has reviewed the statements of the costs, and has determined that f899,599.76 can be credited towards the total construction costs of said master planned storm drain facilities. The developer has received 552,550.00 in credits towards the construction of the above master stores drain facilities. This credo has been made by deferring of the drainage fee requirements at the time of issuance of the building permits for the subiect development. Per the attached Agreement, the City will authorize the above mentioned soz,oeu.uu deterred drainage tees as a dl rest reimbursement towards construction cost of said master storm drain lines. The remainder (847,049.76 will be reimbursed to the developer during the fiscal years of 1990/1991, and 1991/1992 from a combination of Planned Drainage Reimbursement Fund, and Capital Improvement Fund as more partlculariy described in the attached agreement. Respectf ~ submitted, _~ ~ R .sfm Attachments ~~ u... ~~ ~. ~, c Z U~ gyp{ ~ 'v a m m c Z Z 1P" 1'. T1 f "T1 ~ ~n ~ r~1U J~ - MRSTE.f' STO.e~i O,Q9/ni L /NE ,. .,ZK .. 1Y\/jj_aY~A~~,,/~ 7 a KP~~ '~~~ e fUPB7_26~ FOOTH/LL QOULEVi9.e0 /\i TT N Ci l Y Ori 1'r '~; SIOPM DPAIN REIMBURSFMkNf RANCHO CUCAMONGA TrrLE: ""' e'-z6: a"'-011 Erra~en~a nrnstox ~,. ~Brr: » " » CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1940 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer eY: Dan James, Senior Civil Engineer ,~ SUBJECT: Approval of Reimbursement Agreement for installation of portions of Master Planned Storm Drain Lines 2-1 and 2-2 in connection with development of Tract No, 12870, located northerly of Highland Avenue between East Avenue and Etiwanda Avenue; between N.A.D.F.T., a California Limited Parntership and the City of Rancho Cucamonga _ ppa _ nla RECONENDATION: It is recommended that the City Council approve the attached Reimbursement Agreement, and authorize Lhe Mayor and the City Clerk to sign same on behalf of the City. BACKGROUND/ANALYSIS As conditions of approval of the subject tract, N.A.D.F.T., a California Limited Partnership, the developer was required to construct portions of cite riaster rian storm urarn ones 2-1 and L-2 (Lines XIY-14 and XIV-15, located within the Etiwanda/San Sevaine Local Drainage Area.) The above required storm drain facilities have been completed by the developer, and have been accepted by the City of Rancho Cucamonga. The developer has submitted Itemized statements to the City to be reimbursed for construction costs of said master planned storm drain facilities. The staff has reviewed the construction costs submitted by the Developer, and has determined that (878,456.46 can be credited towards the total direct construction cost of safd Master Storm Drain Lines 2-1 and 2-2. The developer will receive 5284,745.00 1n credits towards the construction of the above master storm drain lines. This credit will be in the form o' waiving of the drainage fee requirement of the sub,~ect development at the time of issuance of the building permits for the lots within the sub,iect subdivision. CITY COUNCIL STAFF REPORT TR 12810 JUNE 20, 1990 PAGE 2 The remainder 5593,711.46 will be reimbursed to the developer per the terms specified in the Agreement. Reimbursements will be made from Etiwanda/San Sevaine Nester Drainage fund (Fund 19.) Respec f submitted, 1 l ~. ~ , RR :d Attachment ~~ N CITY OF ~, STOAM DRAIN RETMBURSENENT RANCHO CUCAMONGA TITLE: T'"CT N°• 1167°, DRA - 019 ENGINEERING DIVISION ~ 5 ERHIBIT; ~A~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Dan James, Sr. Civil Engineer e~3 . SUBJECT: Approval of Reimbursement Agreement for installation of a portion of a Master Planned Storm Drain Facilities to connection with development of Tract No. 12895 located crest of Baker Avenue between Arrow Route and Foothill Boulevard; °"" "^'==°.^. ~:.J ~~.eiopment ana the ct ty of Rancho Cucamonga - DRA-013 RECOMMENDATION: It is recommended that the City Council approve the attached Reimbursement Agreement, and authorize the Mayor and the City Clerk to sign same on behalf of the City. BACK6ROUINI/ANALYSIS As a condition of approval of Tract No. 12895, Citiland Development, the developer, was reout red to construct a oortian of the City olanned drainage facilities known as Master Plan Storm Drain Line "32B". The above required storm drain facilities have been completed by the developer, and are being recommended for acceptance by the City Council on tonights agenda. Approval of this Reimbursement Agreement will be contingent upon Council's acceptence of the sub,tect storm drain facilities. The developer has submitted an itemized statement to the City to be reimbursed for construction costs of said master planned storm drain facilities. The developer has also requested to be refunded the drainage fees assessed to the developer at the time of issuance of the building permits for the development of the pro3ect, said refund being considered as a direct reimbursement by Lhe Ctty to the developer for construction of sold matter storm dram facilities, The staff has reviewed the statement for the construction costs submitted by the developer, and has determined that 5210,921.40 is attributable towards the direct construction cost of said Master Storm Drain Line "32B". CITY COUNCIL STAFF REPORT TR 12895 JUNE 20, 1990 PAGE 2 Per the attached Agreement, the City will refund to the developer the sum of E45,139.95 paid by the developer for the drainage fees for the development of the project, as a direct reimbursement towards construction of said storm drain system. The remainder 5165,781.45 will be reimbursed to the developer, per the terms specified in the Agreement. Respe~~ly~s bmitted, " `..~ RHM: :pam Attachment U7 M95TER STO.PN/ ORF//1/ LINE `326'` ~ H I I j~ ~ CI'PY OF RANCHO CUCAMONGA ~~J~' N ~~ 510NM DRAIN REZMBtlEtSPl4+x7p T~ TRncr No. x2e95 : DRa-0x3 ENOII~IId(} DMSION ~ ~ Ex8®11~ """ CITY OF RANCHO CUCAMONGA STAFF REPQRT C I~p c~^MO,~ Fr j yn x ~ IA I-' ~, Z Ji la 19ii DATE: June 20, 1990 TO: Mayor, Members of the City Council and City Manager FROM: Joe Schultz, Community Services Manager BY: Karen McGuire-Emery, Associate Park P1anKer SUBJECT: Approval to Award and Execute an Agreement for the Cucamonga Elementary School Field Improvement Project with Sunrise Landscape Company, Santa Fe Springs, California. RECOMMENDATION: That the City Council declare the lowest bidder, Taylor-Shafer inc., non-responsive and award the agreement for the Cucamonga Elementary School Field Improvement Project to Sunrise Landscape Company and authorize the Mayor and City Clerk to execute the -- ..- -,. .... o...: nu liwiize ~iie edminrsuacive services Director to expend $536,222.28 (bid $487,474.80 plus 108 c mtingency) to be funded from Park Developrtrent Fund 20-4532-8926. BACKGROUND: On June 7, 1990 bids were received for the Cucamonga Elementary School Field Improvements to include tWO little league fields, two softball fields, two soccer fields, the addition of four basketball courts, renovation of the existing play area tot lot, parking lot expansion and related landscape and hardscape improvements. Seven bids were received on June 7, however the low bid as provided by Taylor-Shafer was incomplete. The three items missing from their iii ri nnrpmentc ~,___. i} A igDCd ^ddc.:d i:.n ''- 2} Tiie UOUtL'aCLOr'8 signed bidders agreement showing license expiration date and 3) the corporate jurat on the Non-Collusion Affidavit. For this reason staff recommends that the Taylor-Shafer bid be rejected as Non-responsive and that the project be awarded to Sunrise Landscape Co., as the next lowest bid. A summary of the bids received is provided in Exhibit "A". Cucamonga Elementary School Field Improvements June 20, 1990 Page 2 Staff has received the executed contract documents, bonds and insurance and found them to be complete and in accordance with the contract proposal. xMef;-F. ~ he q x> o ~j. k~ . f ' <a 0 m m .+ r •• 0 ~z '.7 / h U ro •• N v a~ V q bo q U m M ^ m W r rL y N U W 2 W r £O O e w y 4 ~ V i7 P ~C U m W O a r~ U OV, H m W H b~ n W P W W N ~ a v o a N ~ W O U U 5 x mA W Ua U rL H ~ roa N C E N .Ui ~ Wb N ~ b• b ~R O .~ E X 7 FL V ~. C / O u •H v ++ 'n N 0 U M O W r~7 ,-i o o v r ~n a m m m m o 0 0 .v v ~o m .-~ ~n a y~ q~ M m m rl fl r r u+ ~o ~u r .r O~ m N m C W N 'V' rt l~ ~ M V h y y y y y y y O M .i b~ m m N M O~ M M r N b ~O ry .-~ O+ b ~ V C Ifl O~ r b M d' O ill ~(1 ~D V M O fI N M M M N M rl r^1 r-1 'i fi ~i N y y y N y y y .-~ r N o r o r ~O m O N M ~"~ O YI N W r Z ~ m N .-~ r M r m V N m V~ aT Q' N r ~n m rn M ~ ~ a y N y y y y V} O O V' O ry N ~/! Ol N b M 01 M M O~ N M N ~O M nl H N O~ N ti 0 0 in r ~n ~u m d' a m vi m o ao ,~+ ~c M o o m ~n o ,~ M M e' M M M in y 1? 1? y y N y N a ro u N H b W A N a U V N V ~ M ~ ?i H H .M a .wi .Oi ~ ~ ! I H y w° a ~ F a" F H m ~" x w t ~, --CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 'P0: Mayor, Members of the City Council and City Manager a-(L FROM: Joe Schultz, Community Services Manager /II' --~• naren McGuire-Emery, A35ociate Park P1anNer SUBJECT: Authorization for expenditure and issuance of a Purchase Order in the amount not to exceed $400,000. with Laird Construction for the Etiwanda High School Field Improvement Project in accordance with the City's Maintenance Agreement C0989-132. The improvements will by funded from the Park Development Fund Account Number 20-4532-8926. RECOMMENDATION That the City Council authori2e the expenditure and issuance of a Purchase Order in the amount not to exceed $400,000.00 with Laird Const rnrt;..e _°cr ~ - ..Ciwuuda m.gn School Field Improvement Protect in accordance with the City's Maintenance Agreement CO$89-132. The improvements will be funded from the Park Development Fund Number 20-4532-8926. BACKGROUND: n, accordance with the Joint Use Agreement between the City and Chaffey Joint Union Nigh School District, plans have been prepared and the City is ready to hegin Phase Y of the Etiwanda Fiigh School Field Improvements. This portion of the improvements encompasses tl;e renovation of four ballfields including the relocation of an existing storm drain line, installation of a domestic water service line, grading, irrigation, landscaping and related ballfield amenities. It is anticipated that construction of the Phase I improvements wi.il be completed by the beginning of the 90-91 school year. KMCG-E;bs CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: John L. Martin, Associate Civil Engineer e~3 SUBJECT: Area YI Highland Avenue Storm Drain from Archibald Avenue to the Lower Alta Loma Channel, Change Order No. 1, CO 89-199, for extension of Master Punned Storm Drain westward to Jadeite Avenue and Basin Lateral in Jadeite Avenue as a result of a preliminary design Hydrology Study. RECOMIENOATION: Approval to execute Contract Change Order No. 1 for Area YI HTghland Avenue Storm Drain, from Archibald Avenue to the Lower Alta Lama Channel with DGA, Inc. The Change Order is for the total amount of 54,500.00, to bring the contract total to 540,210.00, to be paid from• Drainage Funds, Account No. 23-4637-8949-4603-4110. BACKGROUND/ANALYSIS As a result of the study prepared by DGA, Inc., as part of the design for the Highland Avenue Storm Drain, 1t has been determined that the ornnncnn main line storm drain in ui~hl_-~ •••~,,,,~ ,iNUia oe extended westward to uadelte Avenue and a lateral line extended north 1n Jadeite Avenue. This extension will provide the required 100 year protection from storm run-off in Highland Avenue west of Archibald Avenue. Please see attached Exhibit A. If the drain is not extended as a part of the design pro,~ect, the pro,~ected 100 year storm run-off will exceed the right-of-way on the south side of Highland Avenue opposite Jadeite Avenue. In such a situation pedestrians, motorists, and fronting structures could be sub3ect to flooding and possible in,~ury. the proposed design Contract Change Order 1s with DGA, Inc., of Rancho Cucamonga. The not-to-exceed estimates are 51,500.00 for the Jadeite Avenue Lateral and 53,000.00 for extension of the mair, Tine frrxn Archibald Avenue to Jadeite Avenue, a total of E4, 500.00 to be funded from Drainage Funds, Account No. 23-4637-8949-4603-4110. Res 11 tied, P R t :ly r.- .--r„r~ DATE: T0: FROM: BY: SUBJECT: - CITY OF RANCHO CUCAMONGA STAFF REPORT June 20, 1990 City Council and City Manager Russell H. Maguire, City Engineer Gary Varney, Maintenance Supervisor StreeLS and Storm Drains Approval to award and authorization far execution for of a revised agreement with Cucamonga County Water District RECOMEMDATIOW: It is recommended that the Ctty Council approve the award and authorize the execution of the revised Cucamonga County Water District agreement for permanent repalrs of water service cuts made by C.C.W.D. The agreement will in context reiwin intact except for the price per square foot reimbursement to increase from f3.00 a foot to f4.28 a square foot and no longer will City crews make permanent repalrs of water cuts on private property. BACKGROUND/ANALYSIS in the period of eteht years since the terms of the 1982 agreement was adopted, cost for materials, equipment and labor have increased. In balancing the cost effectiveness of current utility trench repair Staff has prepared a revised agreement (there has been no price increase since 1982) to reflect these cost differences to become more cost effective. s. >;• ... °r- Respec y s itted, ~ = I M:GV: CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Gary Varney, Maintenance Supervisor Streets and Storm Drains SUBJECT: Approval to award and revised Maintenance California (Caitrans) mar nicnarnc mr eCe i.c Cucamonga e~3 . authorization for execution for the Agreements between the State of and the City of Rancho Cucamonga for IivY Lca n1i,n l,i w::a hi :y ~. R3 RECO!/£NDATIOM: It is recomiended that the City Council adopt the attached resolution and authorize the execution of the revised Maintenance Agreements between the State of California (Caitrans) and the City of Rancho Cucamonga. ibis agreement is for two separate routes, one for Route 66, Foothill Boulevard from east City limits to west Ctty limits, and Route 30, 19th Street from west City limits to Haven Avenue, Haven Avenue from north of 19th Street to Highland Avenue and Highland Avenue from east of Haven nye~~~g t~ na_e rf~~ t?a t.. BACKGROUND/ANALYSIS Staff reviewed the State of California ICaltrans) and City of Rancho Cucamonga Maintenance Agreement negotiated in 1981. The City of Rancho Cucamonga Maintenance Section has been sweeping and removing roadway litter and debris on State Routes 30 and 66 within City limits as written in terms of agreement. Because of limited service levels being performed by Cal trans, staff revised contract in agreement with Cal trans management for increased level of service by City forces. Revisions include: State Route 66, expansion of the sweeping schedule and debris removal. State Route 30 along with sweeping and dehrts removal responsibilities will include patching, crack sealing, all traffic safety devices, signing, lane line striping, vegetation control, drainage t.e. repairing and maintaining of culverts, ditches, fences a..^,d sidewalks. ~,,. CITY COUNCIL STAFF REDORT CALTRANS AGREEMENT JUNE 20, 1990 PAGE 2 All changes have been included in a revised reimbursement allowance agreed upon by State of California and City of Rancho Cucamonga not to exceed 5108,700 in difference to the 1981 agreement of 58,300.00. Respectfully submitted, ~, V , 0' ~ RHM:GY:d}w--% Attachment 95 RESOLUTION N0. qQ -.y~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REVISED MAINTENANCE AGREEMENTS BETNEEN THE STATE OF CALIFORNIA (CALTRANS) AND RANCHO CUCAMONGA TO BECOME EFFECTIVE ON JULY 1, 1990 WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed the revised Maintenance Agreements between the State of California and Rancho Cucamonga; and WHEREAS, the Maintenance Engineering staff has recommended approval of said agreements as being in the best interest of the City of Rancho ~~..amur~ga. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGl1 HEREBY RESOLVES as follows: Section 1: The City Council of the City of Rancho Cucamonga hereby approves an au orizes the Mayor to execute the revised Maintenance Agreements between the State of California (Caltrans) and Rancho Cucamonga. These revised Maintenance Agreements will became effective July 1, 1990 and the current Maintenance Agreement will terminate on June 30, 1990, all as mutually agreed upon. 7~ - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Wit lie Valbuena, Assistant.Civil Engineer SUBJECT: Approval of Improvement Agreement and Improvement Security for 5751 Cabrosa Place, submitte6 by Randolph 5. Davis and Sandra P. Davis RECOMMENDATION: It is recommended that the City council adopt the attached resolution accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS 5751 Cabrosa Place, is a single family residence located on the east side of Cabrosa Place, south of 'Jilson Avenue as shown an the attached Exhibit ..A ~~ The Developers. Ra ndoloh S. Davie anA Sandra P. navie aro <uhetfttnn an agreement and security to guarantee the construction of the off-site improvements in the following amounts. Faithful Performance Bond Labor and Material Bond: Irrevocable Letter of Credit s9,4D0.00 (4,700.00 Copies of the agreement and security are available in the City Clerk's Office. Resp f ly submitted, i i n,_-~ -: --~ ~ :WY:dI Attachment RESOLUTION NO. `7~' a l0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR 5751 CABROSA PLACE WHEREAS, the City of Rancho Cucamonga, California has for Its consideration an improvement Agreement executed on June 2O, 1990 by Randolph S. Davis and Sandra P. Davis as developers, for the lmprov[ment of public right-ef-way adjacent to the real property specifically described therein, and generally located at 5751 Cabrosa Place; and WucaEec_ the instaliattc- of ;uch ;TU;i.~ :~ xert -:cried 1•• ' Improvement Agreement and subject to the tames thereof,~is-to be done 1n~V conjunction with the development of Cabrosa Place; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOM, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA HEREBY RESOLYES that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 98 A S ~ / = N . Lln ~O ~, Nw~/. ~ E ~ N .N ( V zg D: ( N u! ~m ~ ~ `m F ~ = o ~ n: ~ N 11i ~ ~ 1 W ~0 4 Iz Z h ~=~ ad E ~ Z, o o ~ ~ w 4 ~ W~ otV o~ 0 ci z ~ (N/j v n ~ ~nGd,n ,~ N. LINE S~c_.26 WILSON ~ ~ 23 _ 990.18 L4 ENU~ A z~ zs 111 ~ E~ 5.W ~6~ N 4/5Tw5, E„ %i~ -~ NE ~4~ NE%4~ SSC. ZG. 1~ Z I 3 ~h d 4 0 2 yv 0 1 aP ~IT~ ~ ~ . ~ ~-- ~ CITY OF RANCHO CUCAMONGA ENGIIdEERIIdG DIVISION y y:,~, , E7Q~IIS1T~ A ~~ 99 ' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. G11111and, Public Norks Inspecto~~ SUBJECT: Approval to adopt the attached Resolution pursuant to City Council meeting of June 6, 1990, extending the Improvement Agreement for Tracts 10827, 10827-1 and 10827-2, submitted by Relco Industries IIECOMMEMDATIOM: It is recommended that CTty Council adopt the attached resolution approving a 6 month extension. BACKGROUND/ANALYSIS The Improvement Agreement Extension for Tracts 10827, 10827-1 and 10827-2 was approved at the June 6, 1990, City Council meeting. At that time, no extension time had been set. Staff has now determined that a 6 month extension will be sufficient to complete the remaining items in Tract 10827-2. Due to the diligent work performed by Relco Industries, Tracts 10827 and 10827-1 have been recommended for approval and acceptance on this June 20, 1990 agenda. Respectful ~ submitted, 1 RHM: 6~:61~~ Attachment RESOLUTION N0. 7t~'~~9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYING IMPROVEMENT AGREEMENT EXTENSION AND IMPROYEMENT SECURITY FOR TRACTS 10827, 10827-1 AND 10827-2 PURSUANT TO CITY COUNCIL MEETING OF JUNE 6, 1990 NHEREAS, the iity Council of the Cfty of Rancho Cucamonga, California, has for fts consideration an Improvement Agreement Extension executed on June 20, 1990, by Relco Industries as developer, for the improvement of public right-of-way ad,~acent to the real property specifically described therein, and generally located on Manzanita Drive between Haven Avenue and Hermosa Avenue; and WHEREAS, the installation of sucn improvements, aescribed in said Improvement Agreement and subfect to the terms thereof, is to be done in conjunction with the development of said Tracts 10827, 10827-1 and 10827-2 and WHEREAS, said Improvement Agreement Extension 1s secured and accompanied by good and sufficient Improvement Security, which is Identified in said Improveoent Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said laprovement 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 City of Rancho Cucamonga, and the ri tv rl or4 r~ ,.««« «tie....,. ~~I DATE: June 20, 1990 CITY OF RANCHO CUCAMONGA STAFF REPORT T0: City Council and Ctty Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspecto~ SUBJECT: Approval of Ingiroveaient Agreement Extension for 13650, located on the southeast corner of Foothill Boulevard and Baker Avenue, submitted by Northwoods Development RECOMIEMDATION It is recommended that the City Council adopt the attached resolution, accepting the subyect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreea~ent and improvement Security to guarantee the construction of the public imgrovemknts for Tract 13650 were approved by the City Council on November 3, 1968, Tn the following amounts. Faithful Performance Bond: =219,079 Labor and Material Bond: 5109,539 The developer, Nerthwoads Development, is requesting approval of a 5 month extension on said improvement agreement. The development is at 95i occupancy and is awaiting the approval and installation of street lights. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Res 11/~fitted, /~ RHM SG:d1w Attar nts ~v , RESOLUTION N0. ~D ' 35~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 13650 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consfderatton an Improvement Agreement Extension executed en June 20, 1990, by Northwoods Development as developer, for the improvement of public right-of-way ad3acent to the real property specifically described therein, and generally located on the southeast corner of Foothill Boulevard and Raker Avenue; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subSect to the terws thereof, is to be done in ccnjunNioa with Lhe development of said Tract 13650; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in safd Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga,, California hereby resolves, that said Improvement Agreement Extertslon 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. /03 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Bob M. Porter, Assistant Civil Engineer SUBJECT: Approval of a one year ext?nsien of extsting Street Striping Contract (C.0. 87-07) and the adjustment of three price schedule categories, with Orange County Striping Service, Inc. To be funded from Gas lax, Account Na. 09-4637-6028, Contract Services. (FY 90/91) RECOMENDATION: Approval of one year extension of Street Striping Contract (C.0. 87-07) with the adjustment of three price schedule categories as requested by Orange County Striping Service, Inc. BACKGROUND/ANALYSIS Currently the City is completing a one year Street Striping Contract with Orange County Striping Service, Inc. This company has provided very good service, in a timely manner and at Very competitive orices. in light of cne tavorabie service, Orange County Striping was requested to submit a proposal far extending the current contract through Fiscal Year 90/91. Of the eighteen pay items, all will be continued at the current contract price except fora minimal adjustment to three items. The following is a comparison of extsting and proposed rates: I. REFLECTIVE CENTERLINE AND LANE LINES CURRENT PROPOSED A. 4" Broken Lines f0.029 L/F f0.032 B. 4" Solid Lines 0.045 L/F Same C. Two 4" Double Salid Lines with 4" Black Separation 0.109 L/F 0.115 D. 8" So11d Lines 0.09 L/F 0,095 E, Two-way Left Turn, Both Sides, 4' lines with 4" Black Separation 0.18 L/F Same 2. STENCILS - REFLECTIVE A. 8" Letters f 3.75 EA. Same B. LTm1t Bars 12" N1de 0.35 L/F Same C. Arrows 4.00 EA. Same D. RRX Complete, Both Sides of Track 90.00 SET Same CITY COUNCIL STAFF REPORT TRAFFIC SIGNAL MAINTENANCE JUNE 20, 1990 PAGE 2 3. CROSSWALKS -REFLECTIVE CURRENT PROPOSED A. 12" Wide E0.35 L/F Same 4. PARKING A. Parkln9 T's 52.00 P/T Same B. Curb Painting 0.35 L/F Same 5. SMALL STENCILS A. 3" Non-Reflective Letters E1.OG L!F Same E, ivwtc REMOVAL A. Wet Sandblasting E7.00 S/F Same I. BLACKOUT ED.20 5/F Same 8. PAE-L ININ6 E0.035 L/F Same 9. REFLECTIVE PAV'-'MENT MARKINGS E3.00 EA. Same 10. CERAMIC PAVEMENT MARKERS E1.25 EA. Same In comparison, these items when applied to the level s ;;;;-,;,,r ror F1sca1 Year 89/90, wou1A roc^Ort 'or a 1.9R Increase in re-striping ^.ste. TiAa is reasonable, when compared to the inflation rate for the same period of time. Respectf ly submitted, .BMPay Attac nt ~~r _~.....,. _ . . o;... _~u F .ZL: ~:1.'".,i.i IIYS{-Y. , (~,lllt Cat.'t {' ~ ~ El ~~I,~~ 0 ~ 19°a CITE Gi ~ paCvG 0"~~'" F,....: . ALCdr'nl.R N`_'C r... .I: UJl15Yd UI'll`YC Lf f{1P ,1P~i nr{ frrvn-, t taan ... , cGe are r- .es+-u;y .•. r,;v i'uree adjustments £roc our current price s~: .ier.; .:;,.~. 1ne yrul:JUSed r!xreases are in Lhe road lining area. We have had :.,1_ee Lt L~>r rale .nc reasr_s srnce Lhe Ley utniny of our contract in June of i9u7, as weal es rrsrny na[rr eel costs with paint and reflective Lewis. J.., we've kept uur road 1!:uny prices the same throughout this time. The r[ens wn:ch we are propos rng an adjustment to are as follows: L l.el brukerl lines: from 5.029/1£. to 5.032!1£. ct "~w~, ti•' douLie soi fir' lines: from $. i69~1f. to 5.11511£. ~.(dl &" solid :fines: from S.09i lf. to 5.095/lf. Wit,.. ,I•..,~ ,.,,..-,......,{ ..,tie •.....>,; ..~a ,..;.~. .~.., „«J..,.. ..,, ..i t._:.,,. ,~,.._.. ....,. r nc ressed, dvereye ~iut. to less than a 3a >.ncrease since the Ley rnn rng UL our .:urrrnt conC earl. Ff 4~ou have any ques'ions or siwuid disagree with my reyuest, please do not hesite le to c•unLact ne. Sincerely, ~~~~ Chuck Lockwood Estimating ~: I oYr Y;n. ORA\GE COC'STl STR: PISG 3C.RCICE :SC. r'~; nt cac ior'S i.ll. . = SaG;;95 :8; \ Pis iry SL., Ordnyr, CA 92G68 l7:al E;9-affil: PAX 17iai fi iq-Gi ~; P3 V~cC':': A\'S'..1:. RESTR: Pi SG C'US':R iCT ~.aR:C~S STREE':5 ;n 'OSA~ FOR THE PER LOU ~, ,. .. :990 r0 JCSE 30, i99. hr ..... _ v.. _.. ._.,~.,.m ~e IoC: ESTIMATED CSIT ER'PcSUEi) -- ~`'5Cn :: :' QCAS T:TS CSiT PR:CE .a71f)E}T ~. -"l'E :'°. \'i ERi.i\E ASD LA.\E LISc`5 _-_ _. ._ ~.-. ~-): E:~ L: XES . L6 .032 ,~,:.~ LICEe Le .oa5 ~,,~) Do:~:i. SuLID LISEs ~ rY ... : +' ~{~.;\I: :. SEPARA: I~i~ LC i1J i." Sf)LiD _\'c5 L"r .095 _. :K!t :YA'i :.EFT TCRX, BOTH SIDES, ,.:SES N'ITii .' B..ACn SE?ARATIOS LE .i8 _. - REE'ECT'VE °_ _ -- . ., ~ EA 3.75 ~ ~:<a1nv5 ... EA a.no ... l.RS COMPLETE 80TH Rill K'c nc rcarr ~~~~ ~~~~~ .:,~)SStY;1:.:~5 - REFLECTIVE . _ . __-_- ._ _ - _ . aE W . LF .35 -.. ~-.a [: II: r :1RK:.\G T's 1's 2.00 .. CCHB Pai \TISG LE .35 ~, S!fA L:, BT ESCI LS ,. ,i" SOS-REFLECTIVE LETTERS EA i.00 G, MAR 6.SG REMOVAL A. KET SA"7DBLASTIYG SF" L.00 7. 4'.~rsnrT _- ~ .20 H. i!H£-L:Y:\~; LF .035 0. RI.FLEC'TibE C:1VEyE\'T NARI~ERS EA 3.00 1.i• CERA>tiC PAV E)IES'I MARKERS EA 1.25 /~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. GtitiTand, Public Works Inspector SUBJECT: Acceptance of Storm Drain for Tract 12895 ~~3 . ......w.c,~,n, ,uw: `~`,` !t is recommended that City Council accept the Storm Drain for Traci 12895 without filing a Notice of Completion or releasing the Faithful Performance Bond which will b0 recomaended by staff at a future date, BACKGROUND/ANALYSIS Tract 12895 is located on the west side of Baker Street between Foothill Boulevard and Arrow Route and is being developed by Rancho C1t11and Development. The proleCt is secured with letter of credits in the following amounts; Faithful Performance f430,000.00, Labor and Matertais f215,000.00. The project was originally approved Dy City Council on February 2, 1989. The recommendation of accepting only the Storm Drain at this time is to facilitate the reimbursement due the Developer, The remainder of the improvements are annrn.t~,+~~ oD! c,„I,lata, Respectful ubmit ed, /~ '~/ O CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 n v T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, PubNc NorkS Inspector ~ SUBJECT: Release of Bonds and Notice of Completion RECOMMEIDATION: The required street improvements for Tracts 10827 and 10827-1 have been completed in an acceptable manner, and it 1s recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of (35,000.00 and (81,800.00, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Perforswnce Bond in the amount of 5350,000.00 and 5818,000.00. BACKGROUND/ANALYSIS Tracts 10821 and 10827-1 - located at the northwest corner of Haven Avenue and Manzanita Drive. DEVELOPER: Reico Industries 4021 Rosewood Avenue, Third Floor Las Angeles, Cp Accept: Maintenance Guarantee Bond (Street) f 35,000 00 f 81,800.00 Release: Faithful Performance Bond (Street) 5350,000.00 5818,000.00 Respectf submitted, ~~ i v .i i r R :SMG:1 Attaclmnent RESOLUTION k0. 9~ y t~'S~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROYEMENTS FOR TRACTS 10927 ANO 10921-1 ANtl AUTHORIZING THE FILING OF A NOTICE OF COPPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tracts !0827 and 10821-1 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Nottce of Completion is required to be filed, certifying the work complete. NOW, 7HEREFOftE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is Hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~IQ ~,. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT June 20, 1990 City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Norks Inspector ~-4~-! Release of Bonds and Notice of Completion RECOMMEMDATION: The required street improvements for Tract 13318 have been caapleted in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond 1n the amount of E13,680.00, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk Lo release the Faithful Performance Bond in the amount of 5136,800.00. BACKGROUND/ANALYSIS Tract 13318 - located the Southeast corner of Nermosa Avenue and Manzanito Drive DEVELODER: Mayflower Bayoun 9267 Haven Avenue rt150 Rancho Cucamonga, CA 91730 Accept: Release: Maintenance Guarantee Bond (Street) f13,680.00 Faithful Performance Bond (Street) 5136,800.00 Respectf y submitted, ~~` RH MG• Attachment e~3 . RESOLUTION N0. q~' ,~Jr~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CRLIFORNIq, ACCEPTING THE PUBLIC I1~ROYEMENTS FOR TRACT 13318 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WgtK WHEREAS, the construction of public improvements for Tract 13318 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the Ctty Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. %. /\ M1Fx' h f~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1940 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector--~ SUBJECT: Release of Bonds and Notice of Completion v RECOMMENDATIOlt: e~3 . The required street improvements for DR 87-51 have been completed in an acceptable manner, and it is recoaoended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of 5352,000.00. BACKGROUND/ANALYSIS OR 87-51 - located on the south side of Arrow Route between Rochester Avenue and Etiwanda Avenue DEVELOPER: Fontana Steel N. U. tle% 2219 Rancho Cucamonga, CA 91129-2219 Release: Faithful Performance Bond (Street) 5352,000 Respect u submitted, i/ ~ / M:SMG:5,1m Attachments RESOLUTION N0. C~a r, ~.,~3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, r,ALIFORNIA, ACCEPTING THE PUBLIC IMPROYENENTS FOR OR 87-51 AND AUTHORSZING THE FILING ~ A NOTICE OF COMPLETION FOR THE NORK NNEREAS, the construction of public improvements for DR 87-51 have Seen caspTeted to the satisfaction of the City Engineer; and WHEREAS, a Notice of Coapletion is required to be filed, certifying the work complete: uny TuEpccpnc rho City Cpunril of ttie City of Rancho CV4a11!4n,a hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Campletton with the County Recorder of San Bernardino County, d //~! ~~. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0; City Council and City Manager FROM: Russell H. Maguire, Cify Engineer BY: Steve M. Gilliland, Public Works Inspectorr r~ SUBJECT: Release of Bonds and Notice of Completion RECO1/EMDATIOM: The required street improvements for DR 87-55 have been completed in an acceptable manner, and it is recomgended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of f219,000. BACKGROUND/ANALYSIS DR R7-55 - located north east corner of Rochester Avenue 6 8th Street DEVELOPER: Fullmer Company 1725 S. Grove Avenue un iario, bq 91 /b1-4530 Release: Faithful Performance Bond (Street) f219,000 Respectfully submitted, -~ A_ achmen '/ RECORDING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NHEN RECORDED MAIL T0: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE iS HEREBY iai YEN TN/1i: 1. the undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: All public rights-of-way within the boundaries of DR 87-55 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAMONGA, 9320-C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. 3, On Lhe 20th day of June, 1990, there was completed on the hereinafter descrihaA raal nrnnnrfy ihn unrtr of ien,rnuawon~ ~_ot s„rtn v., the contract documents for: DR 87-55 4. The name of the original contractor for the work of Improvement as a whole was: Fullmer Company 5. The real property referred to hereto is situated /n the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: Northeast corner of Rochester Avenue and 8th Street CITY OF RANCHO CUCAMONGA, a manic corporation, Amer e City eer ~~4 RESOLUTION N0. g~~ a~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-55 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK NHEREAS, the construction of public improvements for DR 87-55 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NDW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby arrnnfeA ~~~ .hv ri t u:y freer a authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell M. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspector-`~. SUBJECT: Release of Bonds and Notice of Completion PcrnM)_NBArtnN~ a~3 . The required street improvements for Parcel Map 10771 have been completed in an acceptable manner, and it 1s recommended that City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the CTty Clerk to release the Faithful Performance Bond in the amount of f76,000.00. BACKGROUND/ANALYSIS Parcel Map 10771 - located at the southwest corner of Nilson Avenue and Canistel Avenue. nFVFl nDim• nrl nehv nnvalnawnn~ 8480 Utica Avenue Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond (Street) f76,000.00 Respectf y slubmltted, NM:S Attachment RESOLUTION N0. 9p-~-,SS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 10771 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Construction of public improvements for Parcel Map 10771 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion Ts required to be filed, certifying the work complete. nOW, THeKUURf, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /19 ~. CITY OF RANCHO CUCAMONGA STAFF REPORT DnrE: T0: FROM: BY: SUBJECT: June 20, 1990 ', City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Works InsPector~.~ Release of Maintenance Bond for Tract 12650-3 located on the southeast corner of Haven Avenue and Boulder Canyon Road RECOMlEIDATION: It 1s recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The required one year maintenance period has ended and the street Improvements remain free fray defects in materials and workmanship. DEVELOPER: The Deer Creek Company 84811 Utica Avenue Rancho Cucamonga, CA 91730 Release: Maintenance Guarantee Bond (Street) ;24,800 Respectf ~ subeitteA, R :SMG: ~` ~,;; CITY OF RANCHO CUCAMOA'GA STAFF REPORT GATE: T0: FROM: BY: SUBJECT: It is recomaended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds Background/Analysis The required one year maintenance period has ended and the street improvements remain free from defects 1n materials and workmanship. DEVELOPER: Lewis Homes 156 North Mountain Avenue iipiand, LA y1/IW Release: dune 20, 1990 City Council and City Manager Russell H. Maguire, City Engineer Steve M. Gilliland, Public Norks Inspector-~_ Release of Maintenance Bond for Tract 12802-2, -5, -6 Storm Drain located on the southeast corner of Mt. Vtew Drive and Spruce Avenue Maintenance Guarantee Bond (Street) 513,400 Respec f >1 submitted, ~/ '~ RHM. :dlw r•~I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Steve M. Gilliland, Public Norks Inspectpr~j~~. S0&JECT: Release of Maintenance Bonds for Tract 13022 located at the northwest corner cf Fairmont Mdy and Milliken Avenue ~ RECONEMDJITION: It is recommended that the City Council anthn~l>P *,~ v :'.crk to release ti~a ?iaiiitenanee guarantee Bonds. Background/Analysl5 The required one year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER: The Mflltam lyan CompaW 8540 Archibald Avenue, Suite B Rancho Cucamonga, CA 91730 Release Maintenance Guarantee Bonds: TAACT 13022 Mest East Ma,{or Streets 142,000 E60,600 =129,600 Respec .u y submitted, /~ RHM: ~~ Storm Drain 592,500 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Michael D. Long, Senior Public Works Inspector e~3 SUBJECT: Accept the traffic signal at the intersection of Milliken Avenue and Highland Avenue, Contract No. 88-089, as Complete, release the bonds and authorize the City Engineer to file a "Notice of Completion" RECOMMENOATiON: it is recommended that City Council accept the traffic signal at the intersection of Milliken Avenue and Highland Avenue, Contract No. 88-089, as complete, authorize the City to file a "Notice of Completion", retain the Faithful Performance Bond in the amount of f81,332.00 to be used as the Maintenance Bond, and authorize the release of both the retention 1n the amount of =11,433.20 35 days after the recordation of said notice and the Labor and Materials Bond in the amount of =81,332.00 six months after the recordation of said notice if no cialms have been received. Also. approve the final contract amount of =103,332.00. BACKDRUUND/ANALYSIS The subtect protect has been completed in accordance with the approved plans and specifications and Lo the satisfaction of the City Engineer. The final contract amount, based on protect documentation, is 5103,332.00 which includes Lhree contract change orders for construction of thermoplastic traffic striping as directed by Caitrans, changes in the traffic striping allgrment and for delays caused by Calirans and the utility companies. Respectfplly submitted, ~~ ~~~Ui~ v~ RNIM1sF46csd~ Attachment ia3 RESOLUTION N0. 9a' ~~ A RESOLUTION OF 7HE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNAL AT THE INTERSECTION OF MILLIKEN AVENUE AND HIGHLAND AYENUE, CONTRACT ND 88-089, AND AUIHORiZING THE FILING OF A NOTICE DF COWLETION FOR THE kORK NHEREAS, the construction of public improvements for the Traffic Signal at the iM.ersection of Milliken Avenue and Nightand Avenue, Contract No. 88-089, have been completed to the satisfaction of the City Engineer; and HHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamongga hereby resoives, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~a~ CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: June 20, 1990 T0: City Council end City Manager FROM: Russell H. Maguire, City Engineer BY: Michael B. Long, Senior Public Norks Inspector SUBJECT: Accept the Hillside Road Street Improvements, from Hermosa Avenue to Mayberry Avenue, Contract No. 99-104, as complete, release the bonds and authorize the City Engineer t9 fiie a "Notice of Completion. RECOMMENDATION: It is recommended that City Council accept the Hilisida Road Street Improvements, from Hermosa Avenue to Mayberry Avenue, Contract No. 89-104, as complete, authorize Lhe City to f71e a "Notice of Completion", retain the Faithful Performance Bond in the amount of 586,404.87, to be used as the Maintenance Bond, and authorize the release of both the retention in the amount of 61,395.74, thirty five (35) days after the recordatt on of said notice and the tabor and Materials Bond in the amount of 543,202.44, six (6) months after the recordation of said notice if no claims have been received. Also, approve the final contract amount of 5113.947.39. BACKGROUND/ANALYSIS The subiect pro,iect has been completed 1n accordance with the approved plans and specifications and to the satisfaction of the C1ty Engineer. The final contract amount, based on pro3ect documentation, 1s =113,957.39 which includes 2 contract change orders for recovery of costs for delays, maintenance of the site while the proiect was delayed and move-in costs. Respectful submitted, RHM~L ap" ~ Attachment j~$ ;<,~. RESOLUTION N0. 9Q-~S7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVENENTS FOR HILLSIDE ROAD STREET IMPROVEMENTS, FROM HERNOSA AVENUE TO MAYBERRY AVENUE, CONTRACT N0. 89-104, ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Hillside Road Street Improvement, from Hermosa Avenue to Mayberry Avenue, Contract No. 89-104, have been completed to the satisfaction of the City Engineer; and k'KCRCAS a NoLlc~ of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~a~ "a'n - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 c~Mo ~ ~~ O~yO }' A U~ 9 1917 ~ TO: Mayor, Members of the City Council and City Manager FROM: Joe Schultz, Community Services Manager ,,.cam BY: Karen McGuire-Emery, Associate Park PLa~er SUBJECT: Authorization to Release the Faithful Performance Bond, the Labor and Materials Bond and the Retention and to Accept the Maintenance Guarantee Bond for the Old Town Park Project. RECOMMENDATION: That the City Council authorize the Community Services Manager to release the Faithful Performance Bond in the amount of $912,000.00 and accept the 108 Maintenance Bond in the amount nF CO1 tl0 l Il G~_ - __.. _ .. _ - C 2.-.,~, u+: uuu WLlLC uw leiCn6tl UL SCLefI in the amount of $46,918.06, 35~days after Recordation of the Notice of Completion and the Labor and Material Bond in the amount of $456,000.00 six months after the Recordation of the Notice of Completion. BACKGROUND• On May 2, 1990 the City Council accepted the Old Town Park Proje as complete from Martin J. Jaska, Inc., and authorized the Community Services Manager to file a Notice of Completion for the work. The required 35 days after recordation of said notice have passed and no claims have been received, thus it is recommended that the required bonds and retention be released ilti FCf1 P(111jP1Y an7 Ynah hFO lvo Muiit ciaiCc Vuarantee CVnd UC accepted. JS:KMeG-E:bs CITY OF RANCHO CUCAMONGA STAFF REPORT ,{ DATE: June 20, 1990 (1 T0: City Council and City Manager ~J FROM: Russell H. Maguire, City ~nglneer BY: Michael D. Long, Senior Public Marks Inspector ~ SUBJECT: Accept the Traffic Signals at the intersections of Archibald Avenue and tenon Avenue and Haven Avenue and 7th Street, Contract No. 89-175, as complete, release the bonds z..d an'h-^ za LP.2 City rn9i.:eor t;i ?il~ ,.~tic« cf Completion", RECOMMENDATION: It is recommended that City Council accept the Traffic Signals at the intersections of Archibald Avenue and Leann Avenue and Haven Avenue and 7th Street, Contract No. 89-175, as complete, authorize the City to file a "Notice of Completion" retain the Faithful Perforlwnce Bored in the amount of f192,177.00 to be used as the Maintenance Bond, and authorize the release of bath the retention in the amount of 519,562.98 35 days after the recordation of said notice and the Labor and Mater1a15 Bond in the amount of f96,088.50 six months after the recordation of said notice if no claims havo honn rnrai vaA stcn "n ,.u" «~ Fi w.1 .t. _ of 5395,629.81. ~ ~~ ~ - ~~- "~~ ~-" W~~y~"` BACKGROUND/ANALYSIS The subject protect has been completed 1n accordance atth the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is f195,629.81 1vhlch includes one contract change order for construction of a protective device adjacent to signal equipment. Respectfully submitted, ~,t . r ~.: RHMiMLD:sd Attachment raR RESOLUTION N0. qQ '~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRAFFIC SIGNALS AT THE INTERSECTIONS OF ARCHIBALD AVENUE AND LEMON AVENUE AND HAVEN AVENUE AND 7TH STREET, CONTRACT N0. 89-175, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public improvements for Traffic Signals at the intersections of Archibald Avenue and Lemon Avenue and Haven Avenue and 7Lh Street, Contract No. 89-175, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be flied, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 15 hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. 1~9 -- CITY OF RANCHO CUCAMONCA STAFF REPORT DP TE: June 20, 1990 T0: Mayor and Members of the City Council FROM: Diane O'Neal, Administrative Analyst SunJnC'1': REFUSE RATE ADJUSTMENT Recommendation ~t aff recommends the Refuse Rate Adjustment be set for a public hearing on the July 18, 1990 City Council agenda, Background On May 19, 1990 the Board of Supervisors approved increasing the dump fee from 518.50 to 523.50 effective July 1, 1990. With the approved increase in the dump fee, the City's franchised haulers have requested a rate adjustment. The franchised haulers are preliminarily proposing a rate adjustment of 513.30. This amount represents approximately a 17.0 increase on all resitlential and commercial rates. Of the 178 proposed increase, approximately B.0~ is the dump fee increase. Additionally, in the proposed increase is an applicable adjustment for the first year implementation costs of AB 939. This recycling legislation mandates that each City develop a Source Reduction and Recycling Element as part of their General Plan. Accord ingiy, the Rancho Cucamonga Municipal Code, Chapter 8.t7 Reside.;t ial Refuse Collection, Sections 8.17.280 (B) and 8.19,280 (B) Rate Adjustments, states all revisions in charges levied by a permittee must be submitted to the City Council for review and action, and must be approved by Resolution of the City Council fullowing a public hearing upon at least ten days written notice to the permittee. To meet this requirement, staff recommends a public hearing regarding a refuse rate adjustment be set for the July 18, 1990 City Council agenda. Respectfully submitted, 0'Ne~ Administrative Analyst DO\tlr D0:273 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Judy Acosta, Engineering Technician SUBJECT: Setting public hearing for July 18, 1990 for the Formation of Street Lighting Maintenance District Na. 7 for Tract Nos. 13565-5 thru -30, located on the north side of 24th Street, east of Nardman-Bullock Road RECOMMENDATION: It is recommended the City Council adopt the attached resolutions initiating and forming Street Lighting Maintenance District No. 7, approving the preliminary Engineer's RePOrt and setting the date of public hearing for July 18, 1990. BACKGROUND/ANALYSIS Standard Pacific of Orange County, developer of the subiect tract, has requested the City to form a Street Lighting Maintenance District for Street Lights and other Improvements within the protect boundary. The district will be for+red with Tract Nos. 13565-5 thru -10. All other tracts within this district will be annexed at time of recordation. R/espe y~ u ted, HM:JAA• Attachments CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Joe Stafa, Jr., Associate Civil Engineer (,tp cx^^+otic 2 y ~~ ~I ~~I ~ I> 19.' SUBJECT: Setting public hearing for July 18, 1990 for the Formation of Street Lighting Maintenance District No. 7 for Tract Nos. 13565, -5 thru -9, locate6 ~1~{de of 24th Street, east of earmnan-ouiiu~it nua~ - tuv~r Please remove the entire Staff Report and Resolutions for Item D-33 and replace it with the corrected attached Staff Report and Resolutions. The attached report provides for minor corrections throughout and does not change from the original Intent in any way. An additional Resolution has been included in the attached which was inadvertently o~altted to the original report. Respec f}tTT,y~ubmitted, t r I ~ RHM: d1w CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 n T0: City Councii and City Manager FROM: Russell H. Maguire, City Engineer BY: Judy Acosta, Engineering Technician SUBJECT: Setting public hearing for July 18, 1990 for the Formation of ` Street Lighting Maintenance District No. 7 for Tract Nos. 13565 -5 thru -9, located on the north side of 24th Street, east o~ Nardman-Bullock Road , RECO!lEMDATION: It is recommended the City Council adopt Lhe attached resolutions initiating and forming Street Lighting Maintenance District No. 7, approving the preliminary Engineer's Report and setting the date of public hearing for July 18, 1990. BACKGROUND/ANALYSIS Standard Pacific of Orange County, developer of the subject tract, has requested the City to forni a Street Lighting Maintenance District for Street Lights and other improvements wt thin rho nr~n/~! hn„nAa.~ The district will be formed with Tract Nos. 13565, -5 thru -9. A11 other tracts within this district will be annexed at time of recordation. Respectful submitted, / /~1 ~'/'-9~/~ ~ RHIK~311A.'81 / " / Attachments RESOLUTION N0. ~~~`'-' I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF STREET LIGHTING MAINTENANCE DISTRICT N0. 7 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, Part 2 of Division 15 (caamencing with Section 22500) of the California Streets and Highways Code authorizes this City Council to initiate proceedings for the formation of an assessment district to improve and maintain landscape located therein; and WHEREAS, this City Council declares to initiate proceedings for the formation of an assessment district to be known as "Street Lighting Maintenance District No. 7" to improve and maintain landscaping located within the boundaries of said Street Lighting Maintenance District. NON, THEREFORE, the Ctty Council of the City of Rancho Cucamonga does hereby resolve as follws: SECTION 1: This City Council hereby proposes the formation of an assessmen s r c to be known as "Street Lighting Maintenance District No. 7" pursuant to the Landscaping and Lighting Action of 1972. SECTION 2: The nature location and extent of the 1 rovements to be installed-artd-nR<tntatned with "street Lighting Maintenance District No. 7" are yui t~CGi:i ij ~i i~cu ii, Lni,1 `vii "11' aLi.ON,CU IICPC LV YIIU 110.UrpUrm LCU hereto 6y reference~~ SECION 3: The location and extent of Street Lighting Maintenance District 1~ more particularly described in Exhibit "D" attached hereto and incoporated herein, and the City Council hereby specifies that designation "Street Lighting Maintenance District No. 7" for said street lighting maintenance district. SECTION 4: The City Engineer is hereby authorized and directed to cause the prepare on and filing of a report with respect to the formation of Street Lighting Maintenance District No. 7 in accordance with Artlcie 4 (commencing with Section 22565) of Chapter 1 of Lhe California Streets and Highways Code. err .A. ASSESSMENT DIAGRAM ,ii '~ CITY OF RANCHO CUCAMONQA ,. ~' COUNTY OF SAN BERNARDINO r STATE OF CALIFORNIA TR 13_565 ~" ~ -5 ~-hru.'4 IXHIBIT "B" LEGAL DESCRIPTION STREET LIGHTING MAINTENANCE DISTRICT NO. 7 POR TRACT NOS. 13565, -S THRO -9 THOSE PORTIONS OF THE WEST HALF OF THE EAST HALF AND THE EAST HALF OF THE WEST HALF OF SECTION 22, TOWNSHIP 7 NORTH RANGG G WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNARDiNO, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 73, PAGES 39 AND 40 OF RECORDS OF SURVEY OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT TH_E SOUTHIVEST CORNER OF TRACT NO. 13565-G AS SHOWN ON A Uec ~~"~_^ - ',;"~, -,~ ~tlKUiJOH a3 OF MAPS OF SAID COUNTY. THENCE THE~FOLLOWING COURSES: I. NORTH 0°18'13" WEST 179.27 FEET ALONG THE WEST LINE OF SAID TRACT BEING ALSO THE CENTERLINE OF RIDGELINE PCACE AS SHOWN ON SAID MAP OF TRACT' 13565-G TO THE BEGINNING OF A 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 2. NORTHERLY ALONG SAID CURVE THROUGHACENTRAL ANG LE OF 75°53'28" AN ARC DISTANCE OF 250.57 FEET; 3. NORTH 3G°11'41" WEST 324.50 FEET TO THE BEGINNING OF A 1900.00 FOOT RADIUSCURVE CONCAVE NORTHEASTERLY; x. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°01'86" AN ARC DISTANCE OF t IG1.71 FEET TO THE BEGINNING OF A 670.00 FOOT COMPOUND CURVE CONCAVE EASTERLY; 5, NORTHERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF 40°35'x7" AN ARC DISTANCE OF 474.72 FEET; G. RADIAL TO SAID CURVE NORTH 49°56'57" WEST 70.00 FEET; 7. NORTH 39°05'15" WEST 494.75 FEET TO THE NORTHWEST CORNER OF TRACT NO. 13565 AS SHOWN ON A MAP FILED IN BOOK 217, PAGES 59 THROUGH G2 OF MAPS OF SAID COUNTY; H. ALONG THE NORTH LINE OF SgID TRACT 13565 NORTH 89°39'30" EAST 1547A9 FEET Tv THE NORTHWEST CURNER OF LOT "Y" OF SAID TRACL 13565; 9. SOUTH 28°40'37" EAST 44.01 FEET TO THE NORTHEAST CORNER OF LOT"2" OF SAID TRACT' 13565 BEING A POINT ON A 1728.00 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL 'THROUGH SAID POINT BEARS NORTH 73°58'51" WEST; 10. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°47'32' AN ARC DISTANCE OF 458.74 FEET; DOG-173 11. SOUTH 2°01'24' EAST 159.03 FEET TO THE BEGINNING OF A 1172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; I2. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°I 1'48" AN ARC DISTANCE OF 147.21 FEET; U. SOUTH 5°10'24" WEST 1(4.61 FEET TO THE BEGINNING OF A 1228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; I4. SOUTHERLY ALONG SAID CURVE THROUCHACE.NTR4L.4NGLE OF 94°31'00" AN ARC DISTANCE OF 1226.00 FEET; I5. SOUTH 29°20'36" EAST 377.23 FEET TO THE BEGINNING OF .4 872.00 FOOT RADIUS CURVE CONCAVE WESTERLY; IG. SOUTHERLY ALONG SAID CURVE THROUGHA CF.NTUet. +, ~r.~iT_i v'iT371d" dN e•o~• r~u-n~_~`r ~~ 2oS. lG rECI; 17. SOUTH 11°43'24" EAST 249.94 FEET TO THE BEGINNING OF A 780.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 18. SOUTHERLY ALONG SAID CURVE THROUGHACENTRALANGLEOFII'25'10' AN ARC DISTANCE OF 155.46 FEET: 19. SOUTH 0°18'13" EAST 71.77 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT NO. 13565fi: 20. SOUTH 89°41'47" WEST ALONG SAID SOUTH LINE 1146.62 FEET TO THE POINT OF BEGINNING DGC• 173 '' RESOLUTION N0. ~{~-Q(~D A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, GIVING PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT N0. 7 WHEREAS, on May 17, 1989, the City Council of the City of Rancho Cucamonga directed the City Engineer to make and file with the City Clerk of said City a report in writing as required by the Landscaping and Lighting Act of 1972; and w'ric ri~na, L:,e Lily tny'iiieei' v.d5 magic u8a files wi iii ine i;i iy is ir`k OI said City a report in writing as called for pursuant to said Act, which report has been presented to this Council for consideration; and WHEREAS, said City Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that said report, nor any part thereof, requires or should 6e modified in any respect. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as fallws: SECTIONI: That the Engineer's Estimate of the itemized costs and expenses o~sa d-work and of the incidental expenses 1n connection therewith, . ~ -ui~ icj,l,it `vc, 6i~u cd4ll vi NICW o1C IICI tlY), NYtll lfilllarlly approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and descr e n said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confinmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sa~'d~ s~sment District in proportion to the estimated benePlt to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained 1n said report is hereby preliminarily approved and confinmed. SECTION 4: TAat said report shall stand as the City Engineer's Report for ~~e purposes of all sabsaqueni prxeedings, and pursuant to the proposed district. CITY OF RANCHO CUCAMONGA ENGINEERS'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT N0. TRACT NOS. 13565, -5 THRU -9 SECTION 1. AUTHORITY FOR REPORT This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15, of the Street and Highways cndr; of California (Landscape and Lighting Act of 1972). SECTION 2. GENERAL DESCRIPTION This report prnnnmc the e5teh1t5hTrn} of Street -i~3dhti ng i~dintEitsi:Ge District for Tract Nos. 13565, -5 thru -9 only. This protect comprises the area immediately north of 24th Street between Nardnwn-Bullock Road and San Sevaine Road. The District will eventualiy include the ma,~ority of the area referred to as the North Etiwanda Specific Plan, which generally includes properties from Day Creek to the east City boundary and Highland Avenue north to the National Forest limits. Areas to be included 1n the work program are the street lights within the rights-of-way or designated easements of streets dedicated to the City and are limited to local streets only as shown hereon. Street lights within ma,)or roadways, such as San Sevaine, Hardman-Bullock and 24th Street are not included. These areas will be included in the City-wide lighting district for arterial highways. SECTION 3. SCOPE OF NORK ThP snacifir araac to ha auinfM neA ho rhn ntg~ri~t .. nn Fl nnA i^. the preceding section, will become part of the active work program at such time as the spec ffc areas are annexed into the District. The normal process will be the dedication of the areas to the City, construction of the street lighting system, and upon demonstration of satisfactory operation, the acceptance by the District na later than the followingg July. The Developer will make a sufficient deposit with the Southern Caiifornia Edison Company to provide for up to twelve (12) months of ordinary and usual maintenance, operation and servicing costs of the street lights to each development at the time of initial operation of the lighting system. Upon establishment of assessment effective July 1 of each year, any remaining dpeposit shall be refunded to the developer. Nork to be provided for, with the assessments established by the District, consists of maintenance, operation and servicing of street lights. Annual Engineer's Reports will be Drepared and approved by the City Council defining the specific work program for each year and its estimated cost. The plans and specifications for all street lighting will be prepared by the developers for the subdivision improvements and will be approved by the City Engineering Division. Detailed maintenance activities on the Street Lighting Maintenance District inciude: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any street tight improvement and the repair, removal, or replacement of all or any part of any improvement, providing for the 111umination of the subject area. SECTION 4. ESTIMATED COSTS As development proceeds within North Etiwanda Specific Plan, the area to be maintained by the District wi 11 increase and so wtli the cost; however, the number of dwelling units viii also increase. It is anticsVated that the number of dwelling units will also increase at approximately the save rate as the maintenance area will increase, thereby keeping relatively constant the cost per dwelling unit, excluding cost of living Increases. Based on Alcann{nal Aaaa aA {IIn~wA Cn {nil na{nn J• {n •l.-a_nA aL-a aLn n~•a.. ni ~. -yC~., _. ..~ street lights and the maintenance and energy costs for assessment purposes will be as follows: A. Tract Nos. 13565, -5 thru -9 ent dollars) for Lhe District as Initially formed comprising the 216 dwelling units of Tract Nos. 13565, -5 Lhru -9. Lamp Quantity* Rate** Month/Annual Main.COSt 58 ea. 5800 Lumen x f 8.93 x 12 = f517.94 6 ea. 9500 Lumen x 10.16 x 12= 60.96 TOTAL f578.90 unrc. n.tn..ial 1{,.La{.... nti.i~ ~n n_ a.a~ _ ~l_t_{" * Assumed to be high pressure sodium vapor, 58W lumen or 9500 lumen; actual type and size may vary. ** All night energy service per lane par month including maintenance costs. All the costs are based on Southern California Edison Company monthly rates including maintenance. All costs and areas are based on current estimates and may or may not be valid for future years. The tool cost and unit cost vary as the monthly rate varies and as addittonai areas for maintenance are annexed to the District. The monthly rate 1s established by the Southern California Edison Company and is not currently controlled by the size of an area or any operation of the developer. The size of the areas being annexed to the District only has an influence on the total cost. The costs sham are es*.lmates only, and the final assessment will be based on actual cost data. SECTION 5. ASSESSMENT DIAGRAM A copy of the proposed Assessment Diagram for the tracts that will comprise the original Maintenance District is attached to this report and labeled Exhibit "A" - "Street Lighting Maintenance District No. 7". Exhibit "B" is a legal description of the District boundary. These exhibits are hereby incorporated within the text of this report. The District will ongfinally comprise Tract Nos. 13565, -5 thru -9 only the remainder of the "Highlands" pro3ec+_, namely Tract Nos. 13565, -5 thru ° :all be annexed into the District at the time of recordation and City Council approval. SECTION 6, ASSESSMENT Maintenance costs for the entire o., ~, ~.,: a - - - ---"•- "^-^~+• to all developed residential, institutional and commercial property within the District in accordance with the following relationship: land Use Assessment Units Single Family Detached 1 Assessment Unit Multi-family/Attached Residential .5 Assessment Unit Institutional/Commercial 1 Acre ~ 2 Assessment Units Estimated Annual Assessments Estimated Tract Nos. 13565 5 thru -9 Total annual cosh (Section 4) f578.90 Assessment units Single family 216 DU x 1 unit = 216 assessment units Estimated assessment rate = 5578.90 , 52.68 per year Thus, estimated assessments of 12.68 per assessment until will initially be required for the original District. Estimated assessments are for comparison only. Actual assessments will be set by public hearing each year Tn June and will be based on actual energy and maintenance expenses and developed land use sumaaries. SECTION 7. ORDER OF EVENTS 1. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 2. City Council adopts Resolution of intention to form a District and sets public heartngs. 3. City Council conducts public hearing, considers all testimony and determines to for a District or abandon the proceedings. 4. Every year in May, the City Engineer files a report with the City Council. 5. Every year in June, the CTty Council conducts a pu611c hearing and approves or modifies and approves the individual assessments. ~ > .'F, ". cnOWll "A' ASSESSMENT DIAGRAM ,i i'1 -~- i CITY OF RANCHO CUCAMONOA . ~' COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TR~.~ ~~ .. -S ~-hrr.~-9 E7(HISIT "8" LEGAL. DESCRIPTION STREEP LIGHTING MAINTENANCE DISTRICT NO. 7 EVR TRACT NOS. 13565, 'S THRU -9 THOSE PO RT[ONS OF THE WEST HALF OF THE EAST HALF AND THE EAST NALF OF THE WEST HALF OF SECTION 22, TOWNSHIP I NORTH RANGE 5 WEST, SAN BERNA RDINO MERIDIAN IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNA RDINO, STATE OF CALCFORMA AS SHOWN ON A MAP FILED IN BOOK 73, PAGES 39 AND 40 OF RECORDS OF SURVEY OF SAID COUNTY DESCRIBED .AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT' NO, 13865-G AS SHOWN ON A °"'~ .:u%o ~- -. i~.a.. i.i~ :~ vv ~.ieu~~ Vi- OnW ~V UtvI Y. THENCE THE~FOLLOWING COURSES: ' 1, NORTH 0°18'13" WEST 139.23 FEET ALONG THE WEST LINE OF SAID TRACT BEING ALSO THE CENTERLINE OF RIDGELIKE PLACE AS SHOWN ON SAID MAP OF TRACE 13565-G TO THE BEGINNING OF A 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 2. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°53'28" AN ARC DISTANCE OF 250.57 FEET; 3. NORTH 3G°11'41" WEST 324.50 FEET TO THE BEGINNING OF A 1900.OU FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 4. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 35°01'56" AN ARC DISTANCE OF I IGL7l FEET TO THE BEGINNING OF A 670.00 FOOT COMPOUND CURVE CONCAVE EASTERLY; 5. NORTHERLY ALONG SACD CURVE TH ROUGHACENTRAL ANGLE OF 40°35'17" AN ARC DISTANCE OF 474.72 FEET; 6. RADIAL TO SAID CURVE NORTH 49°86'87" WEST 30.00 FEET; 7. NORTH 39°05'15" WEST 494.75 FEET TO THE NO RTHWEST CORNER OF TRACE NO. 13565 AS SHOWN ON A MAp FILED IN BOOK 217, PAGES 59 THROUGH G2 OF MAPS OF SAID COUNTY; 8. ALONG THE NORTH LINE OF SACD TRACE 13565 NORTH 89°39'30^ EwST 1547 an PEET T O THE NORTHR'EST CORNER OF LOT 'Y" OF SAiD TRACT I3iG5; '1. SOUTH 28°40'37"EAST 44.01 FEET TO THE NORTHEAST CORNER OF LOT"Z"OF SAID TRACT 13565 BEING A POINT ON A 1328.00 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL THROUGH SAID POINT BEARS NORTH 73°58'51" WEST'; t0. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF I'1°4T32" AN ARC DISTANCE OF 458.74 FEET; Doc-1n 11. SOUTH 2°01'24' EAST 159.03 FEET TO THE BEGINNING OF A 1!72.00 FOOT RADIUS CURVE CONCAVE WESTERLY; I2, SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF TI I'J8" AN ARC DISTANCE OF 147.21 FEET; 13. SOUTH 5°10'24' WEST 114.61 FEET TO THE BEGINNING OF A 1228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; 14. SOUTHERLY ALONG SAiD CURVE THROUGH A CENTRAL ANGLE OF 34°31'x0^ AN ARC DISTANCE OF 1228.00 FEET; 15. SOUTH 29°20'36' EAST 377.73 FEET TO THE BEGINNING OF A 872.00 FOOT RADIUS CURVE CONCAVE WESTERLY; .... - - .:..u:.L ~ruv vuiarc iHKUU(iHA ChNI'RAL ANGLE OF 17"}712° AN ARC DISTANCE OF 208.16 FEET; 17. SOUTH I1°4374" EAST 249.94 FEET TO THE BEGINNING OF A 760.00 FOOT RADIUS CURVE CONCAVE WESTERLY; I8. SOUTHERLY ALONGSA[DCURVETHROUCHACENTRALANGLEOFII°2.5'10• AN ARC DISTANCE OF 155.46 FEET; l9. SOUTH 0.18'17 EAST 71.77 FEET TO A POINT ON THE SOUTH L[NE OF SAID TRACE NO. 135656; 20. SOUTH 89.4 PIT WEST ALONG SAID SOUTH LINE l 146.62 FEET TO THE POINT OF BEGINNING DOC• 173 <: ~~ A• ASSESSMENT DIAGRAM ,ii ~ ~'/ ~' ~ CITY OF RANCHO CUCAMONGA .' ~' COUNTY OF SAN BERNARDINO ~ TR~b.~~ n- ~ STATE OF CALIFORNIA _ S ~-h,,,~ _ q U EXHIBIT "B" LEGAL. DESCItIPTICN STREET LIGHTING MAINTENANCE DISTRICT NO. 7 FOR TRACE NOS. 13565r -5 THRU -9 THOSE PORTIONS OF THE WEST HALF OF TF1E EAST HALF AND THE EAST HALF GP THE WEST HALF OF SECFION 22, TOWNSHIP 1 NUR'1'N RANUh 6 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 73, PAGES 39 AND 40 OF RECORDS OF SURVEY OF SAID COUNTY DESCRIBED AS Fnr r nwo BEGINNING AT THE SOUTHWEST CORNER OF TRACT NO. 13565-G AS SHOWN ON A MAP FILED IN BOOK 217, PAGES 37 THROUGH 43 OF MAPS OF SAID COUNTY, THENCE THE FOLLOWING COURSES: I. NORTH 0°18'13" WEST 139.23 FEET ALONG THE WEST C.INE OF SAID TRACT' BEING A1S0 THE CENTERLWE OF RIDGELINE PLACE AS SHOWN ON SAID MAP OF TRACT' 13565-G TO THE BEGINNING OF A 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 2. NORTHERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF35°53'28" .4N .4RC DISTANCE OF 250.57 FEET; 3. NORTH 36°ll'4l' WEST 324.50 FEET TO THE BEGINNING OF A 1900.00 FOOT RADCUS CURVE CONCAVE NORTHEASTERLY: d. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 35°01'56" AN ARC DISTANCE OF 1161.71 FEET TO THE BEGINNING OF A G70.OU FOOT COMPOUND CURVE CONCAVE EASTERLY; 5. NO RTHERLY ALONG SAID CURVE TFIROUGHACENTRAL ANG LE OF 40°35'47" AN ARC DISTANCE OF 474.72 FEET; G. RADIAL TO SAID CURVE NORTH 49°56'57" WEST 30.00 FEET; 7. NORTH 39°05'15" WEST 494.75 FEET TO THE NORTHWEST CORNER OF TRACT NO. 13565 AS SHOWN ON A MAP FILED IN BOOK 217, PAGES 59 THROUGH 62 OF MAPS OF SAID COUNTY; 8. ALONG TIIE NORTH LINE Or^ SAiD TRACT i.3S65 NORTH 89i9'3D' FACT 1547 dri FEET TO THE NORTHWEST CORNER OF LOT "Y" OF SAID TRACT 13565; 9. SOUTH 2ri°40'37" EAST 44A1 FEET TO THE NORTHEAST CORNER OF LOT "Z" OF SAID TRACT' 13565 BEING A POINT ON A 1328.00 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL THROUGH SAID POINT BEARS NORTH 73°58'51" WEST; 10. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°4732" AN ARC DISTANCE OF 458.74 FEET; DOC473 '!1 11. SOUTH 2°01'24' EAST 159.03 FEET TO THE BEGINNNG OF A 1172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 12. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE UE 7°11'48" AN ARC DISTANCE OF 147.21 FEET; 13. SOUTH 5°10'24" WEST 1]4.61 FEET TO THE BEGINNING OF A 1228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; :4. SOUTHERLY ALONG SAID CURVE T}iROUGII A CENT RAL AN^v LE OF 34°31'00" AN ARC DISTANCE OF 1228.00 FEET; 15. SOUTH 29°20'36" EAST 377.23 FEET TO THE BEGINNING OF A 872.00 FOOT r oir. c~rcor v. 1G. SOUTHERLY ALONG SAID CURVE THROUGHACENCRAL ANGLE OF I7°3T12" AN ARC DISTANCE OF 2G8.1G FEET; l7. SOUTH I1°43'24" EAST 249.94 FEET TO THE BEGINNING OF A 780.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 18. SOUTHERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF II°25'10" AN ARC DISTANCE OF 155.46 FEET; 19. SOUTH 0°i8'13" EAST 71,77 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT NO. 13565-G; 20. SOUTH 89°41'47" WEST ALONG SA[D SOUTH LINE 114G.G2 FEET TO THE POINT OF BEGINNING DOC• 173 z t._ RESOLUTION N0. 'G~Q`a7Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLRRING ITS INTENTION TO FORM STREET LIGHTING MAINTENANCE DISTRICT N0. 7 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, on June 20, 1990, this City Council adopted Resolution Na. 90-* proposing the formation Of an assessment district to be known as "Street Lighting Maintenance District No. 7 for the purpose of maintaining certain street lighting improvements to be located within said assessment district; and NHEREAS, on June 20, 1990, this City Council prelimi narv aooroved an cnyi near'a NCpUrt w~u~ reapei.e w au iu L~raet a gnimg maintenance District No. 7" and caused said Engineer's Report to be filed in the office of the City Clerk of the City of Rancho Cucamonga; and WHEREAS, this City Council desires to form Street Lighting District No. 7 for the maintenance of certain street lighting Improvements to be located herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLYES AS FOLLONS: SECTION 1, This City Council hereby declares its intention to order the formation of an assessment district to be known as "Street Lighting Maintenance District No. 7" for the purpose of maintaining certain street `ightin improvemeot~ therein and to levy and collect assessments pursuant to ~. -.._ __.._. ~p,~„ ,,.. ,..~... .y.. ...y .«.t ~f 572. SECTION 2. The general location of Street Lighting Maintenance ~istrict No. 7 is more particularly described on the diagram attached as 'Exhibit A" and incorporated herein by reference. SECTION 3. The street lighting improvements to be maintained within the boundaries of Street Lighting Maintenance District No. 7 are more particularly described on Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. Reference 1s hereby made to the Engineer's Report on file with the City Clerk of the City of Rancho Cucamonga for a full detailed description of the boundaries of Street Lighting Maintenance District No. 7 and the proposed assessments upon assessable lots and of land within said assessment district. SECTION 5. This City Council hereby sets the date, time and place of a public hearing on the`onaatlon of Stret Lighting Maintenance 0lstrict No. 1 to be as follows: DATE: July 18, 1996 TIME: 7:00 P.M. PLACE: City Council Chambers, 10500 Civic Center Drive Rancho Cucamonga .A. ASSESSMENT DIAGRAM i,'i"I ,~ i CITY OF RANCHO CUCAMONGA . ~' COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA TR 13565 ~~ -S ~-hrr.~'9 EXHIBIT "B" LEGAL DESCRIPTION STREEP LIGHTING MAINTENANCE DISTRICT NO. 7 EVR TRACT NOS. 13565, -5 THRU -9 THOSE PORTIONS OF THE WEST HALF OF THE EAST HALF AND THE EAST HALF OF THE WEST HALF CF SECTTON 22, TOWNSHIP i NOR'T`H RANGE G WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 73, PAGES 39 AND 40 OF RECORDS OF SURVEY OF SAID COUNTY DESCRIBED AS cnr r nwa BEGINNING AT THE SOUTHWEST CORNER OF TRACT NO. 135G5~G AS SHOWN ON A ;MAP FILED IN BOOK 217, PAGES 37 THROUGH 43 OF MAPS OF SAID COUNTY, THENCE THE FOLLOWING COURSES: I. NC RTH 0°18'13" WEST 139.23 FEET ALONG THE WEST LINE OF SAID TRACT BEING ALSO THE CENTERLINE OF RIDGELINE PLACE AS SHOWN ON SAID MAP OF TRACT' 13565-G TO THE BEGINNING OFA 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 2. NORTHERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF 35°53'28" AN ARC DISTANCE OF 250,57 FEET; 3. NORTH 3G°11'41" WEST 324,50 FEET TO THE BEGINNING OF A 1900.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 4. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OP 35°01'56" AN ARC DISTANCE OF I IG1.7I FEET TO THE BEGINNING OF A G70.U0 FOOT COMPOUND CURVE CONCAVE EASTERLY; 5, NO RTHFRLY ALONG SAID CURVETHROUGI~iACENTRAL ANGLE OF 4U'sY47" AN ARC DISTANCE OF 474.72 FEET; G. RADIAL TO SAID CURVE NORTH 49°56'57" WEST 30.00 FEET; 7. NORTH 39°05'15" WEST 494.75 FEET TO THE NORTH WEST CORNER OF TRACT NO. 13565 AS SHOWN ON q MAP FILED (N BOOK 217, PAGES 59 THROUGH G2 OF MAPS OF SAID COUNTY; K. ALONG THE NORTH LINE OF SAlC TRALT 13565 NORTH A9°39'3i r' EAST !54?.49 FEET TO TH6 NORTHWEST CORNER OF LOT "Y" OF SAID TRACT 13565; '1. SOUTH 2H°40'37" EAST 44.01 FEET TO THE NORTHEAST CORNER OF LOT "Z" OF SAID TRACT 13565 BEING A POINT ON A 1328.00 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL THROUGH SAID POINT GEARS NORTH 73°58'51" WEST; i0. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF I'1°4T32" AN ARC DISTANCE OF 458.74 FEET; DOC-173 I I. SOUTH 2°01'24" EAST 159.03 FEET TO THE BEGINNING OF A 1172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 12. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°l l'43" AN ARC DISTANCE OF 147.21 FEET; 13. SOUTH 5°10'24" WEST 114.61 FEET TO THE BEGINNING OF A 1228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; I4 SOUTHERLY ALONG SAID CURVE THROUGHACEhTRALANGLE OF 34 ~I'Ofi AN ARC DISTANCE OF 1228.00 FEET; I5. SOUTH 29°2076° EAST 3'17.23 FEET TO THE BEGINNING OF A 872.00 FOOT n ~ nrr m n`rnve nnwrnw vo rarcc~rvnr v. 1G. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 17°3TI2" AN ARC DISTANCE OF 268.16 FEET; l7. SOUTH I1°43'24" EAST 249.94 FEET TO THE BEGINNING OF A 780.00 FOOT RADIUS CURVE CONCAVE WESTERLY; 18. SOUTHERLY ALONG SAID CURVE THROUGHA CENTRAL ANGLE OF 1125'10" AN ARC DISTANCE OF 155.46 FEET; 19. SOUTH 0°18'13" EAST 71.77 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT' NO. 13565.6; 20. SOUTH 89°41'47" WEST ALONG SAID SOUTH LINE 1146.62 FEET TO THE POINT OF BEGINNING DOC-173 ~`, - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell R. Maguire, City Engineer BY: Joe Stafa, Jr., Associate Civil Engineer SUBJECT: Approval of amending maps for Tract Nos. 13565-1, 13565-5, 13565-7 and 13565-8, located on the north side of 24th Street and east of Hardman-Bullock Road submitted by Standard Pacific of Orange County It is recommended that the City CouncTt adopt the attached resolution approving amending Tract Map Nos. 13565-1, 13565-5, 13565-1 and 13565-8 and authorizing the City Clerk to cause said maps to record. BACKGROUND/ANALYSIS Tract Map Nos. 13565-1, -5, -7 and -8 located on the north side of 24th Street and east of Hardman-Bullock Road was approved by the County of San Bernardino. Annexation and Development Agreements were approved by the City of Rancho Cucamonga on November 16, 1988 and December 7, 1988 respectively, for the tracts. On September 27, 1989 and November 8, 1989, the Planning Commission approved the recommendation by Lhe Design Revfew Committee for the above mentioned tracts. As a result of the Planning Commission's approval, Tt is necessary to amend several lot lines on these affected tracts due to side yard setbacks. Standard Pacific of Orange County 1s submitting these amended maps to provide for tF,e necessary adjustments to the lot lines. Standard Pacific of Orange County has an approved agreement and security to guarantee the construction of the off-site improvements on file 1n the City Clerk's office. ~~ Resp 7y {tied, R Attachment RESOLUTION N0. 9O - ~,~ A RESOLUTION OF THE CITY CWNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA APPROVING AMENDING TRACT MAP NOS. 13565-1, 13565-5, 13565-7 and 13565-8 NHEREAS, the Amending Tract Maps 13565-1, 13565-5, 13565-1 and 13565-8 submitted by Standard Pacific of Orange County, Subdivider, located on the north side of 24th Street and east of Hardman Bullock Road, has been submitted to the 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 NHEREAS, the original Tract Map Nos. 13565-1, 13565-5, 13565-7 and 13565-8 were originally approved by the County of San Bernardino and the Design reviews for the said macs have hnnn ~-^-~••cd by Gm rianm ng Commission of thu r+.. -% ~T,,,ti;,o Cucamonga; dnd WHEREAS, the developer has made a significant number of changes of lot lines to accommodate specific residential development units; and WHEREAS, to meet the requirements established as prerequisite to approval of the Amending Parcel Maps said Subdivider submits for approval said Amending Maps offering for dedication for public use the streets delineated thereon. NOM, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that the Offers for dedication and the Mending Maps delineating same are hereby approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City and record said macs. ~ ~a 7 CITY OF RANCHO CUCAMONGA DIVL4ION ITEM: B/llP.t~///!9 /y~S TITLE: /J5~ ' /`.- -5,_ 7 ~-8 ~ ~~ CITY OF RANCHO CliCAMONGA STAFF REPORT ~Lr r v O.gTF.: June 20, 1990 TO: Mayor and Members of the City Council FROM: Rick Gomez, Community Development Director BY: Brute Abbott, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT N10 DEVELOPMENT REVIEW R9-12 - DAVIES - An appeal of the Planning Commission's decision Jury my :iie deve iupnen i, ur an indu sGnai Complex containing six industrial buildings totaling 22,440 square feet on 2.2 acres of land in the General Industrial District, Subarea 3 of the Industrial Specific Plan, located on Feron Boulevard, east of Helms Avenue - APN: 209-031-87 and 88. REC^MMEN DATION: The Planning Commission recommends that the City Council support the Commission's decision to deny Development Review A9-12 per the findings in Resolution 90-52. BACKGROUND: A crucial part of the Design Review process, along with promoting quality design, is the dia looue that occurs between the City and the applicant's of development pro posa is. this forum for the developers and the City enhances the opportunity for quality design. When these communications are severed, as they were in this case, any chance to resolve differences is lost. With over 100 Oesign Review cases per year, only a small portion of these end up in an appeal before the City Council, which hf ghlights the overall success of the City's Design Review process. The applicant's existing project was originally approved in i986, During the development of the project, the applicant changed the building material from splitface block to slumps tone block without City approval, The applicant contends that he submitted a written request to changr. the bu ild inq materials. Staff has no record of anv reoues t. in May, 198A, the applicant presented to the Planning Commission a request to accept the unauthorized change in the primary building material. The Planning Commission accepted the change since the building was completed, but indicated it was their position that future phases should not he proposed with the same slumps tone material, ANALYSIS: The Design Review Committee reviewed the applicant's current proposal of an industrial complex containing six industrial buildings on Feron Boulevard, east of Helms Avenue, on October 19, 1989 and February 27., 1990. The Design Review Committee's discussion involved CITY COUNCIL STAFF REPORT DR 89-12 - DAMES June 20, ]990 Page 2 architectural design (i.e., build in9 materials?, site planning, and lznd soaping, including tree preserva tian. The Design Review Committee, after reviewing the applicant's few modifications, felt that Lhe remaining issue could not warrant a positive recommendation Lo the Planning Commission. The applicant disagreed with these recommended ~hz.^.ges z^d was not willing tp further modify the plans. He instead requested to go directly to the full Planning Commission in order to persuade them in his favor. On April 11, 1990 and April 25, 1990, the Planning Commission reviewed the applicant's proposal. The Dlanr.ing Commission's initial action, with the agreement of the applicant, was that this ma rra. "ti._..na continued and referred back to the Design Review Committee to resolve these outstanding design issues. However, the applicant requested that the Planning Commission either approve or deny the project without the additional opportunity to resolve these outstanding issues. CONCLUSION: The applicant has appealed the Planning Commission's decision to deny DR 89-12 based on his disagreement with the Gommission. Since his main objective was to gain approval for the use of slumps tone, he was not willing to revise the plans to resolve the other issues. "" ~~~~>L; ~~ hey ail iiie in forma cton ana puoitc testimony regarding the project, the City Council may consider taking one of the following options. Option 1 Support the Planning Commission's actions and deny the applicant's appeal. Should the City Council deny the applicant's appeal, this would be Consistent with the Commission's findings per Resolutfon No. 90-5Z, The applicant would not he able to re-apply for one year, providing the project fs denied with prejudice. Option 2 Grant the applicant's appeal reversing the Planning Commission's decision of denial, This would essentially grant approval of the project as proposed with many outstanding issues remaining unresolved, Option 3 Refer the matter back to the Planning Commission/Design Review Committee. This would remove the Oesign Review function from the City Council and put it back with Planning Commission to resolve the outstanding issues. Should the applicant refuse to consider this opt ton, the City Council would be left with either Options 1 or 2. 1 ~~ CITY COUNC II STAFF REPORT DR R9-12 - DAVI ES June 20, 7990 Page 3 Respe~,t fu )submitted, Rick G ez Cnmmn~;~y~p7oS,r,;ent Ofrzc for BB:BAap Ak tathments: Exhibit "A" - Letter of Appeal Exhibft "B" - Planning Commission Staff Report of April i99u Exhibit "C" - Resolution ~No. 90-52 Exhibit "D" - Planning Commiss ian Minutes of April 25, 1990 Resolution of Denfal ~~ ,- :.,,,~ ~"~-'' Garcia S~ ;.---ssociates A:c`rtectu re Plan ring Urban Design Interiors ':lem ber Am erlCa^ In5t12ute of A(CflltE C:S t0i22 Arrow Rouve S une boa Rancho Cucamonga. CA 9r']0 U 71 a•98i~+5'i ~z4y~ ° FAX >tiA90-S~io Mav 2, 1990. a, `1/_a1 yY ~~ CITY OF RANCHO CUCAMONt,A ~ /~ N~1 ,~165~r.ft. l""Iv_J P. 0. Sox 00r ~r Rancho Cucano nga ., California 91729 ~- 'e Attention'. City Clerk (3.C.•~• Planning Commission Appeal Gentlemen I herehv apneal the decision of the Rancho Cuc anronga Planning Commission discussion of April 25, 1990, and disagree with Resolution Number 90-i2 in its' entirety. Encln sed you will find the a check in the amount of St26.00 for the aPPeal fee. Please schedule this appeal for the next available City Council Agenda. Respectfuliv suhmitteH, i Enclosures: As noted above. cc: Mr. Bill Oav ies, Albert W. Davies, inc. Mr. John Mannerino, Mannerino d grigugl io i!e „A•, (~~ Ex~;b;t ;-,. ., CITY OF RANCHO CUCAMONGA STAFF REPORT CAT E: April 25, :990 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Bruce Abbott, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT ANn ncv ci noucur on.*n~ on . OA`J IES - The development of Phases 1 ands I[I of an industrial complex, containing six !6) industrial buildings totaling 22,940 square feet on 2.2 acres of land in the General Industrial District, Subarea 3 of the Industrial Specific Plan, located on Feron Boulevard, east of feel ms Avenue - APN: 209-031-87 and 88. This item was continued from the April 11, 1990 Planning Commission Meeting to allow the Commission members that reviewed the protect during Oesigr Review the opportunity to hear the item. ~~_. ~ _~....s., Citv~P~er BB:BA/j fs Attachments: April ll, 1990 Staff Report Resolution No. 89-158 Resolution of Denial ~xh~ ~'~r. Jg„ CITY OF RANCHO CUCAMONGA STAFF REPORT _~ Ga'E: April ll, 1990 'G: Chairman and Members of the Pla nniny Commission ~ FPOM: 3rad 9uller, City Planner BY: Bruce Abbott, Associate Planner S'JB JECT: ENYIRONMENT,4L ASSESSMENT AND DEVELOPMENT REVIEN 99-12 - V ,.S - The development of Phases II and I of an ,.,.t,~«.. ,t ~ Ito n~a;o;no ~;,, fAl industrial buildings to tal i~ng 22,940 square feet on 2.2 acres of land in the General Industrial Ois[ric t, Subarea 3 of the lndu strial Specific Plan, located on Feron Boulevard, east of Nelms Avenue - APN; 209-03I-97 and 99. ,. PROJECT ANO SITE DE SC RiPTION: A. Action Reaue steel: Approval of site plan, elevations and U sua nce of a Yegative Oecla ra Lion. 8. Surround ina Land Use and Zoning: North - Orchard; Industrial Specific Plan (,Subarea 31. South - A,T. 6 S,F. Railroad; Industrial Specific Plan (Subarea 3?. East - Vacant; Industrial Specific Plan !Subarea 3). West - Construction service yard and office, manufacturing; industrial Specific Plan !Subarea 3J. C. General Plan Designations: Project Site - General Industrial North - General Industrial South - General Industrial East - General Industrial Nest - General Industrial O, Site Characteristics: A Coast Live Oak tree, approximately 38 feet in height with a spread of 42 feet is located on the north portion of the site. There 1s no other significant vegetation on the level vacant property. /~9 'CANNING COMMISSION STAFF REPORT ENV IR. ASSES. DR 99-12 - DAM ES April lI, 1990 Page ? E. Parkinv Cal r, ula Lions: Number of Number of Type Square Parking Spaces Spaces of Use Foo to ve Ra tiv Required Provided ohasz fi Buildings Office 2,120 1:250 A 8 E tarn M Ct. Ma nu fat t. 10,785 1:500 22 04 30 Phase tiI J and K Office 1,060 1:250 4 4 Lt. Ma nufac t. 7,405 1:500 i4 11 18 18 General: The applicant is requesting Environmental Assessment and Development Review for Phase II and III consisting of six ~5! ;ndu striai/manufacturing buildings totaling 22,940 square feet. The proposed use is cq nsistent with Subarea 3 of the Industrial Specific Plan. Phase I of the industrial development consists of four single story buildings located to the west of the proposed Phase II. Phase I was approved in September '.985. The design and construction ma tzrials of the proposed buildings are essentially the same as the existing buildings in Phase [, which is slumps tone block. However, the deli an/materials for the buildings in Phacz I we ro nrininatty approved by Planning Commission as splitface block (Ezh ihit G- 1). An unauthorized change in design/materials was made for the huild ings in Phase I prior to final inspection in May 1988. The proposed buildings for Phases If and III duplicate the design and materials of Phase i, Design Review Committee The Design Review Committee ''hitiea, Neinberg er, Lolema n? reviewed the site plans and elevations for the proposed Phase II and III of the industrial development on October 19, 1989. The Design Review Committee requested Loaf a different primary exterior building material be used. The applicant resubmitted plans which were reviewed by Design Review %nmmitiee (Chiting, Tnictny~ Yrep[it~ p^. ieb•U3ry 22, 1990. The plans had not addressed most of the recommends lions as requested by the Design Review Committee at their October 19, 1989 meeting. The plans had been revised for the February meeting as follows: ~~ v LANK ING COMMISSION STAFF REPOftT ENV IR. ASSES. DR 89-12 - OAVI ES April li, 1990 Page 3 1. Two additional proposed buildings, G and H, which were not shown on the previous plans, are now proposed to be located in a lawn area recommended by the Committee to be developed as a small park with a plaza, or master planned far development. 2. The ola nter areas at the front of hu;td;~g c F ,nd _; have been increased in width, but not to the full 8 feet in the narrow areas for tree planting as requested. 3. Additional planter areas and plants have been proposed at the south boundary of Phase tI and the east boundary of Phase Ili. However, additionai trees should be provided fnr ~_, _n i..g 4. Enriched paving at the parking lot entrances has been shown. However, Lhe plazas and building entrances are not shown with enriched paving as requested. Since the applicant had not addressed all of the recommendations as requested, the Committee recommended at their February 22 meeting that revised plans be resubmitted for review addressing their concerns: 1. Alternative building ma terial5 not str is tl limited to tilt-up concrete panels, should 6e uti ized for Che 6~.:iMnne_ T6n w_aei-~L -_ nb, ~` :: ~~ iv some Type of block material other -than siump5tone, block as the primary building material. Slumps tone block could be used as an accent material. The buildings in Phase III could use the same material as the buildings in Phase 1I, or [hey could be constructed of same other acceptable material such a5 tilt-up concrete. ?. Additional glass should be utilized Co emphasize buiiding entrances. 3. An additional texture/material other than glass and pafnted concrete should 6e used on the building fac ad e5, per Planning Commission Resolution No. 89-158. 4. Trees pYOpo seu' to be pia nted within any ed SemenLS Or sewer lines which may thereby be restricted shall be identified. 5. Additional landscaping should be provided at the south edge of Phase I. Building "G" should he located further to the north in order to provide a planter area at the S~ %, £~a PtANN ING COMMISS fON STAFF REPORT ENV IR. ASSES. DR R9-12 - DAM ES April 11, 1990 Page a south end of building "G" iF the proposed landscaping is in conflict with the drainage easement. Additional landscaping should 6e Drovid ed at the drainage easement Co the seuth of building "F", 7. There should be an 8-foot minimum width olanter area along the east side of building "N" for screen planting. B. Potential impacts on the Oak tree, due to the proximity of the tree to proposed building "J", should be further investigated. 9. The plaza to the north of build+ng "E" should be relocated to a more central location such as the northeast corner of building "F" for example. 10. Interlocking pavers shall be used for the "enriched paving areas" at the parking lot driveways. The ezte nt of the pavers should 6e expo nded to include the full length of the driveway and include the handicap stalls. Handicap stall should be located adjacent to driveways to accommodate this concept. li. Enriched paving should be used to delineate pedestrian areas across the parking lot, connecting building antra nroc with nla+a ..,:,• ..• ..~w... s., .. e zample. ~ .'. ~~ .. .. ___. __._. ... 12. Building entrances and walks should utilize "enriched paving." i3. An alternative surface such as turf block should be used for the emergency access road. On March 9, 1990, staff received a letter from the applicant's architect (Exhibit "A"! which stated Chat the applicant dfsagreed with the DRC recommendations and requested that the project be st hedu led for Planning Commission in order to resolve the issues at that level. Therefore, the City Planner has referred this item to the Commission. The plans submitted for Planning Commission are the same as that submitted for the last Design Review. None of the Design Review Committee recommendatfons or comments from the February meeting have been addressed, except ve.^ification that trees cannot he planted within the City drainage easement and that the location of the proposed building J should not impact the roots of the existing Oak tree. isa- PLANNING COMMISSION STAfP REPORT ENVIR, ASSES, DR 89-12 - OAVIES April 11, 1990 ?age 5 Staff also notes that the project design is inconsistent with ?loon ing Commission Resolution No. 89-158, adopted on Oerember !3, 1989, in the following areas: a. The architecture does not "project a high quality, progressive, sophisticated style of level^p^:ent ," h. Only one prf ma ry building material is proposed (slumps tone block) versus the minimum two primary building materials required. The posed °lumps tore blxk i; not representative of the desired "textured block" material recommended for primary building materials. C. Tree preservation An arbor ist report has been completed for the subject property providing recommendations for the preservation of a 38-foot tall Coast Live Oak tree on the Phase [[I portion of the site. One of the preservation techniques was that no trenching deeper than 8 inches be done within 15 feet of the t roe trunk, If the building "J" tncat ion is approved as proposed, the arborist recommends that area tion units be installed at grade. A key issue with respect to preserving the Oak tree is the location of the proposed building "J" tl feet frcm *.he tree trunk, The tree has a maximum crown spread of 42 feet. Building "J" is approximately 22 feet in height. Construction of Building "J" would necessitate removal of approximately 10 fee[ of the crown on the w~st•side of the tree to a height of about 24 feet from finished grade. It is staff's opinion that severe pruning would be necessary creating an unaesthetic appearance in the shape of the tree. Staff recommends that the site plan be modified to eliminate the necessity for removal of any of the tree crown and that no building shou id be located within the dripiine of the Oak tree. An unidentified 30-foot high deciduous tree, wh icn was not located o. the appl kant's plan shou id aisa be preserved with the Oak tree in staff's opinion, ft is staff's recommendation that the site plan for Phase I[I be modified to accommodate preservation of both the Oak tree and the unidentified deciduous tree. 153 PLANNING COMMISSION STAFF REPORT ENV IR. ASSES, OR 69.12 - DAV IES April !!, 1990 Page 6 ,,. Technical Review Committee• The Tec hnieai Review Committee reviewed the project on October 17, 1989 and determined that with certain standard and special conditions of approval, the p reject wow d be consistent with applicable standards. E. Environmental Assessment: Part. 1 n4 r_Re r,,: r;,i [...e.. ..,. been completed by the applicant. Staff has completed Part [I of the Environmental Checklist and found no significant adverse environmental impacts as the result of this project. III, Facts For Findings: The fcl lowing findings are prnv iA ad For the ...,~.,~~~~.,,~~n , ~Gni ideraiion: !~ The prn posed architectural designs are incompatible with the overall design goals of the Gene rat Plan. 2~ The proposed designs are inconsistent with the physical form and appea ra me requirements of the Industrial Specific Plan's Urban Design Lontept. 3! The revisions to the proposed plans as recommended by the Design Review Committee are appropriate, given the appearance of other buildings of similar use within the City. Yi. RFMMMFNnAT roN• Cr, ee ....e. .,.,. .~, - •~~~~ ~.•. ~ ruiiiriAy euu~oiaaiwr take one of the followings ac [ions: !) Deny the request th rough the adoption of the attached Resolution. 2j Continue the re quest .to allow the applicant Co develop a design which meets ffhe recorrmendati on of the Design Revi Committee. ;, Dir ct staff to prepare a Resolution with specific co d' ions of approval to 6e brought Dack to Planning C tssio for adoption. i Resp ctfully itte ~ i Brad Buller / '~ City Plan er BB:BA:sp ~5~ PLANNING LOMMfSSION STAFF REPORT ENViR. ASSES. DR 89-12 - OAV1E5 Aoril 11, 1990 Page 7 Attachments: Exhibit "A" - Letter from Architect Exhibit "B" - Vicinity Map Exhihit "L" - Site Utilization Map Exhibit "D" - Typical Site Perspective Exhibit "E" - Master Site Plan Exhihit "F" - Site Plans Exhibit "G" - Building Elevations Exhibit "N" - Trash Enclosure 7ia ns Exhibit " C' - Grading Plans Exhibit "J" - Landscape P1a ns Exhibit "K" - Photographs of Trees Resolution Np. R9-159 - Oesinn Pel;r;e= peso ron on of venial iss Garcia S~ ~+.ssociates • .e ct~r? ?'a^. ^~~r.3 Urban Design .Interiors -' ~' - ~- C tr• ~ ,,tT ~~/ Ar~hde C25 10'2'. snow RuUe March 5, 1990 ~lTr nF RAUCIi~ r:~~~~AMa.It;A Pt AVVIVC rnvl sl Dw 9340-R Rzseline Road Rancho Cucamonga, CA 91730 attention: Mr. Rruce Abbott Associa[e Planner i~v1J'" ~ Ir,;,R031QQ11 p.l $urte e03 Rancho Cucamonga. U 9tI,0 rt i~98'~'b'i FA%.'13~980~51 )0 Regarding: Davies Industrial Park Architect loh Vo. 187-022-003 Dear Nr. Abbott: Thank you for your prompt reply regarding the Development Revtew Comments for nur Davies Industrial Park project. Vour ezpediency is greatly appreciated. C,a rcia h Associates and our client have carefully studied the Design Review Cormli tree's comments. We were dismayed to find that the progress needed for us to arrive to a satisfactory solution hss yet to he attained. Since nur client d+saRrees with the recommendations, we have reached the conclusion that it would be best for sll parties involved to have this matter resolved at the commission level. Having said that, we ask that our project he scheduled for the next Planning Commission agenda. finally, I would like to Dersonally thank you for all of your cooperation and hard work over the Oast few years. If you should have any questions or comments regarding the topic covered, please feel free to contact me. s\\p ectfully, 2~IA A /1{5 4 AR IT@CTS pal IKG: c f cc: Mr. Rill Oavies, Owner file CITY OF /SZP ITEM t1R ~ /Z IZt~I~I"~ C~-~~J~ TITLE ~ZCf~ZFROM i4Y1~/7CGT r~-awNir ~ av v - ~ -- 6j.i ; Ji I_..~~Ti~ d _ w / 1 I 7 ~ti off. a7 ~ i ' f u~ = ;. ~f VICINITY MAP N~ ~„~ a~ 1~ 7 i ~~ ~ n Z ~ u t ~' ~~ a u.t _ u'3 F = f' F U > ~~ z F" Q < U~ s ~:. 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RESOLUTION N0. 89-158 .4 RESOLUTION OF THE PLANNING CgMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING DESIGN POLICIES FOR INDUSTRIAL BUILDINGS REQUIRING ARCHITECTURAL TREATMENT ANO CREATIVE USE OF BUILDING MATERIALS WITHIN THE INDUSTRIAL SPECIFIC PLAN AREA WHEREAS, the Planning Commission has expressed design concerns with painted tilt-up concrete industrtai buildings, as they lack variety, have inadequate architectural treatment, increase maintenance, and create dated building design and previous proleets have not adequately addressed the design concerns; and iinEknAa, there is a need to establish a design goal to guide future development; and WHEREAS, design policies arc necessary to expound and implement the established urban design guidelines and standards of the Industrial Specific Plan; and WHEREAS, such design policies are needed to provide clear direction and guidance to developers and staff alike. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga Planning Commission does hereby establish design policies for the additional architectural treatment and creative use of buildlne mar•~j!15 :_ foil,;,,,, SECTION 1: Goal Statement The intent of the design policies 1s to assist the designer in understanding and complying with the Urban Design Guidelines and Standards of the Industrial Specific Dlan. The goal is to ensure high quality and timeless buiiding design, which includes Euilding entry focal point, sufficient articulation to bull ding plane, and the creative use of building mateMais. These design poiicles expound the established Urban Design Guidelines of Lhe Industrial Specific Plan and shall apply to all industrial Dull dings within the Specific Plan area. SECTION 2: Design Criteria A. Desirable architecture shall pro3ect a high quality, progressive, sopMstluted style of development. Variations to architectural style, construction methods and materials m encouraged. ~ ~a 5;. _, PLANNING CCMfISSION RESOLUTION ND. 89-158 RE: ARCHITECTURAL TREATMENT December 13, 1989 Page 2 B. All buildf ng entrances shall be well articulated and protect a formyl entrance statement through variations of archf tecturat planes, pavement surface treatment, and landscape pl aza5, as well as relate to pedestrians. C. The articulated building entrances, together with the landscape plazas, should be designed to relate to and connect with the area-wide network ~r open space, thus, unifying and fostering a sense of community. D. ine aegree of architectural treatment and embellishments must relate to the scale and mass of the building. E. Accent treatment, such as changes in exterior materials and texture, is required. F. The creative use of building materials 1s required. A minimum of two (2) primary building materials shall be used. fie recomaended primary and secondary building materials are as follows: primary building materials - concrete. sandhlaa~.d -. rata, Lexiurea block, brick, granite, marble, and similar materials as approved by the Design Review Caamlittee. Seconds bulldin materials rY 9 - glass, tile, polished brass os copper, brick, concrete, painted metal el rks, painted accent stripe, and other materials as approved by the Design Review Committee. APPROVED AND ADDPTED THIS 13TH DAY OF DECEMBER, 1989. PLANNIISSIDN O//F~~THE ,L1TY OF RANCHO CUCAMDNGA ATTEST: 173 PLANNING COMIISSION RESOLUTION N0. 89-158 RE: ARCHITECTURAL TREATMENT December 13. 1989 Page 3 t, Brad Buller, Secretary of the Dlanning Commission of Lhe City of Aancho Cucamonga, do Hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adapted by the Planning Commission of the City of Rancho Cucamonga, at a regul8r meeting of the Planning Comeissi on held on the 13th day of December, 1989, by the following vote-to-wit: AYES: CQMMISSIONERS: BLAKESLEY, CHITIEA, MCNIEL, TOLSTOY. NEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ~• '•F F ~-. RESOLUTICN N0. 9Q-5"2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIiY OF °ANC40 CUCAMONGA, CAL IfOPNiA, OE"1 Y.."1G CE'/ELOPMENT P.EYIEW N0. 89-?2, A REQUEST FOR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEN CF PHASES II ANO III OF AN INDUSTRIAL COMPEER CONSISTING GF 6 BUILDINGS TOTALING 22,940 SQUARE FEET ON 2.2 ALRES OF LAND LOCATED IN THE GENERAL ?NDUSTRIAL DSS iR ICT OF THE INDUSTRIAL SPECIFIC PLAN ON FE RON AVENUE EAST OF HELMS AVEHUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-031-87 AND 88. A. Recitals. !i! Albert W. Oa vies has filed an application for the approval of =eve`o pment Review No. 89-12 as described in the Citle of to is Re sa lution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 'ii? On the 11th day of April, 1990, and continued to the 25th day of April, ':990, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. '!fi! R11 legal prerequisites to the adoption of this Re so lutior. have occurred. 3. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the =Tanning Commission of the City df Rancho Cucamonga as follows: ? This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of eh is Resolution are true and correct. 2. 8a sed upon substantial evidence presented to this Commission during the aDave-referenced meetings on April 11, 1990, and April 25, 1990, including written and oral staff reports, this Commission hereby specifically finds aS follows: (a) The application aDDlfes to property located on Feron Avenue, east of Helms Avenue with street frontages of 151.67 feet for Phase Sl and 154.88 feet for Phase lil and lot depth of 393.48 feet and 222.56 feet respectively, and is presently unimproved; and (6) The property to the north of the subject site is an orchard, toned Industrial Specific Plan, Subarea 3; the property to the south of the site Consists of A.T. 6 S. F, Railroad, zoned tndustrlal Specific Plan. Subarea 3; the property to the east is vacant, zoned industrlai Specific Plan, Subarea 7; and the property to the west is a manufacturing and construction service yard and office, toned industrial Specific Plan, Subarea 3. 1 „ i~ 7$ ~'xh~b„ G PLAYN ING COMMISSION ,.SOLUTION N0. 90-52 DR 89-12 - OAVIES April ?5, !990 Pa qe 2 Ic? The architecture, materials, and site plan do not meet the :=' r - "=rij established for 'oat district within the Industrial Specific 71ar-and Planning Camnis5ion Resolution No. 89-258. 'd? The proposed architectural designs are incompatible with averail design goats of the General Plan. ie) The revisions to the proposed plans as recommended by Ces'?n Review Committee are appropriate for meeting the goals and design criteria of the General Plan and Industrial Specific Plan. ~aacd upon cne suns cannai !v iaence presented to this Commission Gur`.bg the above-referenced meetings and upon the specific findings cf facts set Porth in paragraphs 1 and 2 above, this Commission hereby finds and concludes a5 fo 110W5: !a) That the proposed project is not consistent with the o S„ec;fives of the General Pia n; and !b) That the proposed project is not in accord with the objectives of the Development Code and the Du rpo ses of the district in which the site is located; and 'c; That the proposed project is not in compliance with each of ;he =_oolica ble provisions of the Development Code; and '~i Timc cne proposed pro Jett without the conditions applicable 'hereto, will be detrimental to the public health, safety, or welfare or ma to rally injurious to properties or improvements in the vicinity, a. Based upon the findings and conclusions set forth in paragraphs ?, 2, and 3 above, this Commission hereby denies the application. 5 The Secretary to this Cammiss tan shall certify to the adoption of this Resolution. APPROVED ANO ADOPTED THIS 25TH DAY OF APRIL, 1990. PLANNING COM~SSION OF THE CITY Of RANCHO LUCAN011fA BY ATTEST; rod ~ r ' 7 PLANNING LOMNIG5I0" RESOLUTION N0. 90-52 - OR 89-I2 - OAVI ES' ~ April 25, ?990 Page 3 I, 9ra7 Buller, Secretary of the Planning Commission of the Lity of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and ~au~eriv !nt ro doted, passed, and adopted by the Planning Commiss+on of :he C:ty of Rancho Cucamonga, at a regular meeting of the Planning Commission held on Che 25th day of April, 1990, by the following va to-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, TOLSTOY, NEINgERGER NOES: COMMISSIONERS: NONE ABSENT: COMM ISS TONERS: NONE ~~/ i 4` ,, "s°~ +. ~L Coawfssioner Tolstoy felt the proposed solution of replacing the two Oui td ings with one larger building is better. Chairman Mc Niel felt the apPlica nt had done a good job. Motion: Moved Dy Tolstoy, seconded by Chitiea, to adopt the Resolution approving Environmental Assessment and Ten to tfve Parcel Map 13123. Mot Ion carried by the following vote: AYES: COMMISSIONERS: CHI TI EA, MCNI EL, TOLSTOY, NEINBERGER NOES: COMMISSIONERS: NOME ABSENT: CONMI SS TONERS: NONE -carded Motion: Moved by Mtf nberger, secoMeA *•• ;Cleo, to adopt the Resolution a pprovina Fnv+-~-,-,~„Cal assessment and Development Review 89-19. Motion carried by the following vote: AYES: COMMISSIONERS: CHiTIEA, MCNI EL, TOLSTOT, NEINBERGER NOES: COMM[SS (ONERS: NONE ABSENT; COMMISSIONERS: NOME -carried Motton: Moved by Chitiea, seconded by Tots toy, W adopt th! Resolution approving Modification to Development Review 88-20. Motion carried 6y the following vote: AYES: COMMISSIONERS: CHITIEA, NCNIEL, TOLSTOT, MEINBERGER NOES: COMMISSIONERt• ,y~~; ABSENT; COMMISSIONERS: NONE -carried . . . e . , OLO BUSiNES$ f ' ,.,. _ F. ENVIAONNENTA!^ IN9!?lfltNT,ARC" ~5 - The eve opment o asa and o an n s r a eoeq ex, Con ning six (6) industrial buildings totalfng 2Y,9a0 square feet on 2.2 a ns of laM in ehe General Industrial Oltertet, Subarea 3 of the industrial Specific Plan, looted on Feron @oulewrd, east of Helms Avenw - APN: 209-031-8T and 88. (Continued from April 11, 1990.) @Yydo Ailbl~ Associate Dlanncr, stated he ws available to answer any quest tons. Commtsstoner Chl ilea asked ff tha applicant had submitted any cMngas td address any of the concerns listed at the lest Oeslgn Revlaie. Planning Commfssion Minutes -@- ~7p April 25, 1990 , Mr. Abbott stated that only two items have been verified since the last Design Review: (1) that no trees can be located with in 'the sm rm drain easement, and f2) that the location of Buf ld ing J should not impact the roots of the oak tree wh ith nos been desfgna led Dy the arborist for preservation. He said that s coif found with further review of Du ild ing J that severe pruning mould be requi re7 to accommodate Che proposed location of build tng J, so staff was recommending that Building J not be located within the drip 11ne of Che tree. Commissioner iolstoy asked for clarification on the additional tree shown in the photographs. Mr. Abbott stated an aDProx ima to 30-foot high deciduous tree was shown in the photographs but had not been shown on the apDlica nt's plans. He said staff is recommending that that tree 6e Dreserved along with the oak tree neM in^ identification of the species hgrap.q <t way or mey not fall under [fie Tree Commissioner iolstoy asked how close the deciduous tree is to the oak tree and if it intrudes upon LhE ca nopY of the oak tree. Mr. Abbott felt it is approximately 25 to 30 feet from the oak tree aM does not intrude upon the canopy. Commissioner Tolstoy asked if the tree is a columnar type or a spreading type. Mr. Abbott stated it is a spreading type, but the skirt of the tree has been pruned up quite high so that trucks can readily pass under ft, Chairman Mt Niel invited public testimony, Les Davies. a??? .a.rc,",fbal3 Avenue, Nancho Cucamonga, stated Lhey rcquesied that the Planning Commission review the protect at this time instead of continuing to work with the Design Review Committee because the owner wishes to ;; se stump Flask and that has been a sore point witA the Design Review Committee. Ne stated that Planning Commission Resolution Ho. 99-t 58 lists textured block as an approved material, Dut ¢he Design Review Committee refused to accept slump block as Me building materiai. Ne fe1L the staff report did not adequately reflect the compromises they have made to go forward with the protect. Nt said they had increased the plazas, planters, landscaping. and deco rativr paved aroas. He stated the owner 1s adamant about using slump block because It was used on PAase i. !kt said tMy were in error when they changed the building material ort PAase I to slump block without optaining written approwl Dut Mey had increased tM1r landscaping to an effort to smooth the situation over. He said they did not recall aukfng any promise that they mould not use slumpstarte on tutus phases when PAase I was accepted. He said they only retailed making a promise that they would not deviate from plans when approved for fu tun phases. Ne said they did not wish to use tilt•uo concrete because tAe tilt-up concrete building next door t0 [hair /acility is constantly In need of painting because the paint is peeling. He said some other buildings in [Mir ana have only 4•foot planters and no pavers and only swit employee pleas hidden behind concrete tilt-up Planning Conwission Minutes -9- April 25, 1990 ~~9 walls. Ne said Buildings G and N were added when they master planned the area, and they had never promised to build a pa rk.arca. Ne said the buildings are tucked away agafnst a railroad spur and will not be seen from any major street. He felt the buildings should De designed by the owner, not the Design Review Committee. He felt the number of conditions have increased witn each Design Review Committee only because they refuse to to cha nqe the block. Ne felt if the block were not an issue, no other conditions would be required. He said the arbo rist nod told tnem in August that the oak tree would survive a pruning and that is would 6e acceptable Lo have a Dui ld ing within 1t feet of the tree so long as aeration units arc installed. Ne said on April 10, 1990, they received a letter Prom Che arbo rist stating he had changed his positfon. Ne felt that the Design Review Loewittee has lost their direction and he requested that slumpstone block be permitted. Jorge Ga rife, Garcia b Associates, 10122 Arrow Route, Rancho Cu camnnn" flit the Planning Commission +< im;,.^„=,-,g iiair iiity on the architect aM the s true to rat engineers by specifying the building materials t0 be used. Ne felt Che architects and engineers snould make the decision On materials. Ne felt that if the City imposes their will on the choice of building materials, then the City assumes the liability for structural integrity. Commissioner Chitiea stated that splitface block vas specified for Phase I, Dut slumpstone was used. She asked why the architect was now saying that slumpstone is more structurally sound than splitface. She also stated that she did not feel the City ever told the applies nt he must use tilt-up. Chairman Mc Niel felt it fs ludicrous to suggest that the burden of liability would fall on the Cfty because Planning Commission Resolution 89-158 includes concrete as an option. Commissioner Tolstay stated he didn't understanA rh. diftcruca ;,, uuiiding in tear i+y n.twt- ;~,;liace and slumpstone. Mr. Garcia stated there is no diftere me in structural integrity between splitface and slumpstone, Dut they were told to Dui1d tilt-up buildings, not block. Commissioner Tal3toy stated he was present at one of the Design Reviews and he recalled that tilt-up ws suggested as a type of construction that the City would accept alpng with otMr arterials. Me said that tilt•up has been mentioned many t/aKS as the pro3ett has been revletsed, but the City had not said it na: W De used. Commissioner Tolstoy stated he did not feel tilt-up snould be vtdd Ior the buildings because they are smell. Mr. Garcia stated Phases fI and Iii are dtstgned to be a continuation of Phase [. Mr. Dories stated that at an October I9, 1989, meeting one of the Commissioners stated "there was no way you will build a masonry building in this town." Ns said in futu n meetings they were told the slumpbloek is an interior product and would not be sufUbie. Dtanning Commission Minutes -10- April 25, 1990 ~~b Leonard Thompson, Masonry Snst itu to of the Inland Empire, 1535 South "D' Street, San Bernardino, stated the Snst itu to was es to Dlished in Los Angeles fn 1955. He stated property owners retain professionals to design and construct buildings and the architect is the most important member of the team, as he sects Pies the material to be used Co meet the needs created by the function of the building. He said the City of Rancho Cucamonga has adopted and uses the standards of the Uniform Building Code Da sed on the standard specifications of the American Society for Testing Materials. He sa td stumps tone block is considered a textured block with a shape to re seiaDle the Spanish/Amen scan heritage. He said a relent newspaper article quoted City staff as saying that slumpstone is not of high enough quality to be used. He said many buildings have Deen designed, engineered and constructed with slumpstone. He said slumpstone is being specified to maintain coot inuf ty witA Phase I. He felt the Design Review Committee is discriminating age ins[ stumps tone, the architect, engineer, owner, and the masonry indu~rrv There was no further public testimony. Chairman Mt Niel stated this mutts-phased project went through the Lity's d eveiopment process and wss then approved by the Planning Commission. He said Chat alchou gh the approved primary building material was splitface block, the applicant used slumpstone. He said the applicant then requested that the Planning Lommislion allow Phase I to be slumpstone and the Planning Cosmission agreed with the proviso that future phases would De spiitface Mock, as originally agreed. He did not see Dow the City ws guilty of discriminating against the masonry industry Dy requiring spittface instead of slumpstone. Ne felt the listing of of Der issues 13 Coalllon t0 other DrdjK is and loose issues had not De¢n addressed. Ne felt the issue of slumpstone versus split face to be only the tip of Lhe iceberg. Commissioner rD+±+e_ c ,;;~;, t;,v incegnty of slumpstone block was never questioned and the Design Review Committee Das never Suggested that concrete block is not an appropriate building material. She Said the slumpstone finish was discussed in relation to aesthetics and compatibility with other projects in the area. She felt the Commission was very reasonable in allowing the first phase to remain as built when i*_ ~s oat builE accortiing to plan, and she believed there was an agreement Coat the next phases would represent an improvement in acsthettcs. She felt the building matlrfal is only a small part of what makes CM pro jet t. She said thin are site pLn difficulties that have not been fully addressed: planter sixes and locations, paving Issues, employee Lunch anas, and building design in terns of how the entries work or could be enMnced or redesigned. She said those Issues had been discussed at Design Review, Dut Me applicant bad not provided any plans to address them. She said that the Punning Coanifsion now rcqut ns two primary building materials on all projects and the appitunt is only proposing ane material. SDe feat the issue of the O+k tree is signf}fcant and she wished t0 identify the second tree before making any colwent on whether it should be saved or not. She felt it is inappropriate to place a building 11 feet from a tree which has a 42-foot crown, as she thou9Mt an oak the is too sensitive to withstand that type of disturbance, SM said the applicant ws not asked to remove the building, Dut to redesign it, She felt the list of nquinments to Planning Consaission Minutes -11- April 25, 1990 ~~~ be typical of what is asked on alt proJec ts, and she felt there was no reason why the DroJect could not be built once the items are add rcssed. She stated the applicant has repeatedly stated they will make changes but the changes have not appeared on the plans. She felt the pro3 ect to De nowhere near ready for dppr0 Vd 1. Commissioner 7olstoy stated the Design Review Committee was not addressing the stability of building materials, only aesthetics. He felt stumps tone is not the kind of material the Committee wishes to see in that particular area. Ne contu rred that the other items need to be addressed. Commissioner Chitiea stated there had been discussions aDOUt how cambina do ns of materials could De utilized to make the pro,iect work. She stated that some of the buildings in Phase II and III do not even face Phase 3. Chairman Mc Niel feit the aDplfea ht's allegations were inappropriate and less than true. He stated the Plsnninw fn•.ie~<~- ~- ~ a ;vby ,wy iu aiiowrnase t co go rorward. He felt the obJect of the Planning CoarisSion is to allow development while protecting the comaunf ty from the mismanagement Of that development. He felt there needs to be a sense of coopers tton on the part of the developer. He said the position of the developer has been stated pu611t1y that he as property owner has the right to Dui ld whatever he chooses. Chairman McNiel stated the Commission had three opt tons: (1) deny the proJec t, (2) continue the matter to allow the applicant to develop a design which meets the recmmmenda Lions of the Design Review Gomeittee, or (3) direct staff to prepare a resolution with specific conditions of approval to De adopted at a future meeting. Commissioner Chitiea suggested askfng the applicant if he would consent to a continuance. Chairman Mrwi•i •_,: stcG :~. uppiica nc respond. Mr. Davies requested that the planning Commission state if slumpstone block could ar could not be used as the primary buftdtng material. Ne felt the slumpstone Diock was the only issue. Commissioner CMtiea felt the Piannin~ Coemission could not act upon only one issue. She felt the Coawisslon could give dirKtlon, Dut they could not pass any sort of Resolution On only One item on the list. Chairman McNlel felt the use of slumpstone block 1t a point of negotiation no different from any other point of negotiation and was not eaelusive of the balance of the pratrlen. Commissioner Chitiea /ell the plans needed to tre in teaser conforanee before the Commission should give approval. Commissioner Tolstoy felt the proJett headed to return to Design Review. Commissioner CMtiea felt the protect should come into conforarnce or be dented without preJudice. Planning Commission Minutes -12- April 25, 1990 ~~ Brad Buller, Lity Planner, stated that during the Design Review process the applicant was given opportun itfes to return with alternative building materials and the applicant had chosen not to come back with alternatives. Ne felt the questipn is whether the applicant is willing to consider any other alternatives other Loan slumpstone block. Mr, Davies stated he was asking that slumpstone block be accepted as the primary building material. Mr. Butler stated the Commission could give minute action direction that Che design as proposed wit^ the use of slumpstone i5 inappropriate and the applicant should proceed back to rough the Design Review process. Me said the applicant would then have to decide if he would take that direction. Commissioner Cnitiea felt that was an appropriate step. She fell there are many other equally serious concerns, but the Commission could give direction nn that ~. ~~~~. Chairman Mc Niel asked the Commission's feelings about slumpstone versus other materials. Commissioner Chitiea felt there should be two materials and that slumpstone is inapPropr is to for Ch is particular pro3ec t. Commissioner iolstoy agreed but felt that slumpstone could be used as a secondary material. Commissioner Chitiea agreed slumpstone could be used as an accent naterial. Commissioner we tnberger concurred and suggested that when the pro3ect retu rn.d to Design Review it perhaps could n. r.~•!:~cd uy inner Comeissfoners because uypearea co be a wall Outlt between the appllGnt aM some of the Commissioners. Commissioner lolstoy stated the Design Rev ter Comaittee had already asked for two materials and suggested that the slumpstone could be used as a secondary or accent material. ~ . Chairman Mc Niel stated Me participated` in the Design Aeview process of Phase I when it was agreed that the pro3ett would be constructed of sDlitface block. Ne said at that time it was determined that slumpstone was not an acceptable material. Ne said one of the things the Coawisstan is attempting to do in the community is to upgrade all areas. He felt the CoaaalsslOn was originally set up to upgrade the community. Chairman MCN1e1 agretd that slumpstone is acceptable as a secondary material. Cut not as a primary material. Nr. Buller stated the minute action would give tM appltant direction regarding the slumpstone. He suggested the Coawissian might rish to ask the applicant when he would like to return to Design Aevlew with alternative building designs. He stated that the Coawlssion w s providing dlnetton, Cut they had not made a detiston. Ne said direction could not be appealed to City Council, but a decision could De appealed. Dlanning Commission Minutes -it- April 25, 1990 ~~ Cha tramp NeNiel asked if the applicant wls hed t0 continue the project aM bring it back through the Design Review process to seek resolution. Mr. Garcia stated that the use of any other type of block would not blend in with stumps tone as a secondary material because of the difference in cOlo rs avaiia ble. He Stated they would like direc tton to 6e able to use slumpstone on Che two buildings adjacent t0 PAa se I and then use Diner materials for the remaining Duitd tags. Chairman Mc Niel asked again if the aPDl icant wished to continue the Project and Dri rag it back through the Design Review process to seek resolution. Mr. Davies stated they would like to continue at this time. Motion: Moved Dy Tolstoy, seconded by Me inberger, to continue Environmental Assessment and Development Review 89-12. Motion carried Dy the fallowing vote: AYES: COMMISSIONERS: CHf1IEA, MCNI EL, TOLSTOY, NEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE -carried ... 9:00 P.M. - Planning Commission recessed. 9:10 P.M. - Planning Commission reconvened. . , • • . l ~I„ REYfEN OF LANDSCAPING MAINTENANCE COSTS NITHlN ASSESSMENT DISTRICIS'~~(Oral Beport) ~ Jerry Fulwood, Deputy City Manager, stated that staff is rcntly looking at the budget and w rated to present zoom issues that the C is facing regarding maintenance of the eight landscape a4lntanante dtstr s. H! said soal! of the major areas of mairttenanee arc tails, parkrra parks, trees, and median islands. He stated foM of tM major a areas are vandalism, water, contract maintenance, and regular •a1n ace uttlittng City staff. He indicated that budget requests to iota currant levels of service in maintenance districts may have t0 cut approsi•a to ly {S t0 SO percent to avoid huge raises in CM assess s. He sa14 the C1ty is attempting to find more cost-effective rays to er and mainUin. Mr. Fulrood flared several charts of costs for She ra us maintenance districts an6 said the City Ms to make up the sMrtfall • tM General Fund. He said the Ctty is currently estimating landsup tntenance torts at 5750 ptr unit In the North Etiranda area. He said al landscape maintenance costs arc betwen 57.000,000 and -{,000,000. stated tMt tM three Mtn pMses of any pro~tet an tM design, co ruction, and mainUnance; aM the design of tM infrastructure nos a r impact on tM long-tam aintenanee. ~anntng Eoawission Minutes -1{• Apri1~L5,~ 1990 '~~ i d to see that the City gets the Dest development, possible. She the efforts of staff. Mr. Bo stated he would like to meet Chairman McNiel at the site to review the builds s. He asked if it would be po;sable to work with staff to :e:e rmine if resurfacing of Building A mes+is the standards. Chairman McNiel sta he would make ayra ngements to meet at the site. Mr. Mager stated that the t Lh~y would be able to do with Building A would be to match Building B, not test panel. He requested that the motion De modified to allow matchinyvf Bui g B. Chairman McNiel stated he would not ame his motfan. He stated that it may be determined tYyat Building 8 is comparable the test panel. Mr. BU11Pr.-`<ta tad an of twmnf <hopld he mach fn efr hn athieya fhu lpy.i n_i Che~s~le panel. y. ... PUBLIC COMMENTS Les Davies, 6239 Archibald Avenue, Rancho Cucamonga, requested that Item F, Environmental Assessment and Development Review 89-12, be reopened. He stated he had misunderstood what he had agreed to and he requested that he De allowed to withdraw his agreement to a continuance. Ralph Hanson, Deputy City Attorney, asked if Mr. Davies was now asking that an action 6e taken, even if it led to a denial. Mr. Davies responded affirmatively. Mr, Hanson stated there was no legai reason that the Commission could not reconsider its action, but it was at the Coewission's option. Chairman McNiei asked if Mr. Davies wished to drop his request for a continuance to work on the pro,lect and accept either an approval with conditions or a denial. Mr. Davies requested that the Coanission deal with the Remtutton of Denial. Mr, Hanson stated Lhat if the requested action were to result in a denial, the applicant would have only one option, which would be to appeal to the City Council. He said that if the City Council does not approve the appeal, the applicant would not have an option to return to Planning to reaetfvate the protect without filing another application and paying the fees. Mr. Davies responded that he understood. Planning Commission Minutes -20- ~,, 1$S April 25, 1990 ~' Chairman McNiel asked if the Planning Commission wished to allow the item to 6e reopened. Commissioner 7otstoy stated that if the applicant wished the item to be reopened, it should be reopened. Commissioner Chitiea stated she had no objections to reopening the item so long as the applicant uMers toad the ramifications. .Motion: Moved by To istoy, seconded 6y McNiel, unanimously carried, to recons.der Item F. Mr. Hanson stated the Commission had thereby deleted the former action. Chairman McNiel requested publ is comment. Mr. Davies requested that the Planning Commission pass or deny the Resolution, in essence accept or deny the oro.j ee t. He stated that the owner encouraged t not a Resoiu lion of Approval with conditions not be approved, but preferred that the Commission approve or deny the Resolution of Genial. Mr. Hanson stated that the applicant appeared to be ask inn that the application be approved or denied ea ac tly as presented by the applicant. Mr. Davies Stated Lhat was correct. Commissioner Chitiea stated that she wanted to be sure the record reflected that any vote would be based upon all of the considerations and requirements, not .nerely the one aspect of building materials. Commissioner 7o1 stay agreed that there was not Only one issue involved. Motion: Moved by Tolstoy, seconded by McNiel, to adopt Lhe Resolution of Denial for Environmental Assessment and Development Review 89-12. Motion carried 6y [he following vote: AYES: COMMISSIONERS: CH(TIEA, MCHlEL, TOLSTOT, HEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMM15510MER5: HONE -carried •.... There were no further public comeents. ..... ION BUSINESS K. TRAILS ADYI MlIITTEE APPDtNTNENTS (Continued froSe 4/11/90) Dlanning.Coasission Minutes -21= " ~__ April 25, 1990 ,~ ~~~ RESOL UT [ON N0. ~~ . ~ 2 Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF DEVELOPMENT REV?EW N0. 69-72, THE DEVELOPMENT OF AN INDUSTRIAL COMPL EIf CONTAINING SIR INDUSTRIAL BUILDINGS TOTALING 22,940 SQUARE FEET ON 2.2 ACRES OF LANG IN THE GENERAL INDUSTRIAL DISTRICT, SUBAREA 's OF THE iNDU5TRIAL SPECIFIC PLAN, LOCATED ON FERON BOULEVARD, EAST OF HELMS AVENUE, A. Recita l5. !i) Albert W. Davies has filed an application for the aoorovai of ^e'+i'•op~P~e nt ."Reu iiw Nu. B1-12 as Jes~i iiseJ n, the ttLle or LMS Rea01UL10n. Hereinafter in this Resolution the subject Development Review request is referred to as "the application. !ii) On the ]?th day of April, 1990, and continued to the 25th day of April, 1990, the Planning Commission of the City of Rancho Cucamonga conducted meetings on the application. fiii) On June 6, 1990 and continued to June 20, 1990, the Lity Council of the City of Rancho Cucamonga conducted duly noticed public hearings to hear an apoeal on the application and concluded said hearings on that dale. !ii it All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows: I. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced meetings nn April 11, 1990, and April 25, 1990, and presented to this Council du ri rg the above-referenced public hearings on June 6, 1990 and continued to June 20, 7990, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: !a1 The application applies to property located on Feron Avenue, east of Helms Avenue with street frontages of 151.67 feet for Phase II and 154.88 feet for Phase III and lot depth of 393,48 feet and 222.56 feet respectively, and is presently unimproved; and ~. I ~ 7 , '~.iY, o- CITY COUNCIL RESOLUTION N0. DR 89-12 - OAVI ES June 20, 1990 Page 2 • ~b? The property to the north of the su6,ject site is an orchard, zoned Industrial Specific Pian, Subarea 3; the property to the south of the site consists of A.T. 8 S.F, Railroad, zoned Industrial Specific Plan, Subarea 3; the property to the east is vacant, zoned Industrial Specific Plan, Subarea 3; and the property Lo the west is a manufacturing and construction service yard and office, zoned Industriai Specific Ptan, Subarea 3. !c) The architecture, materials, and site plan do not meet the design criteria established for that district within the Industrial Specific Plan and Planning Commission Reso lotion No. 89-158. J) iiie p. upuseu archita arai Je~,yns are incompatible with overall design goals of the General Plan. (e? The revisions to the proposed plans as recommendeA by Design Review Committee are appropriate for meeting the goals and design criteria of the General Ptan and Industrial Specific Dlan. 3. Based upon the substantial evidence presented to the Commission and this Council during the above-referenced meetings and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: • (al That the proposed project is not consistent with the objectives of the General Plan; and ~o'~ Tnat the proposen project is not in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and lc) That the proposed project is not in Compliance with each of the applicable provisions of the Development Code; and !di That the proposed project without the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or ma teriaily injurious to properties or improvements in the vicinity. a. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, [his Council hereby denies the appeal. • ~~ /~~ 9' { CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20. 1990 TO: Mayor, Members oC Ctty CouncB & Cfty Manager FROM: Jerry B. Fuiwood. Deputy City Manager SIl&lECT: CONSIDERATION TU APPROVE ANNOAL ENGINEER'S REPORT AND RESOLUTION FOR THE ANNUAL LEVY OF ASSESSMENTS WCfH W THE PARK AND RECREATION IMPROVEMENT DISTRICT (85-PD) It fs recommended that City CouncB hold the Public Hearing and approve the attached Resolu0on authorizing the levy and collection of assessments within the Park and Recn:atlon Improvement Dlstrtct 185-PD). [t fs further recommended that CouncB authorize expending the $40,418 collected fn error under a 596 admhustratlon fee by the County. These funds will be transferred to the General Fund to onset maintenance costs during 1989/90 on Red Hlll and Heritage Parks. Pursuant to the Landscape and Lighting Act o[ 1972, each year City Councll must approve an Annual Enginetr's Report whxh reviews the status of the dislrxt end projected revenue and expenditures to eslabltsh the rate of assessment for the next fiscal year. nnrtna IAAS hoods were Lssued in the amount o[97.334,7781o thrance the constnrMfon of Red HOl and Heritage Community Parks. Annually debt service payments am paid from the annual assessment Each year approxhnately 9820,000 is required to meet this obligation. Dunng 1988 Stair brought up issues regarding the rising costs of maintenance in the Red Hlll and Heritage Perks. Since the tormatlon of the diaMct City Councll has been conanitted to kttplnq the mte below $35.00. The current pmlec0on of total maintenantt costs for 1990/91 fs $437,698 which Is funded by the General Fund. The recommended 5% Increase wlll provide approxfmatety 953,943 to offset the maintenance costs. The assessment rates dated below indicate a 5% increase (or 1990/91 (replacing the 5% adminlsVa[lon fee charge in ennr to 1969/90). This Increase would augment the maintenance service at both Heritage and Red Hill parks, but would not be su(ficlent to provide recommended levels of service. 1959/90 Proposed Single Family $95.18 939.50 9 1.88 Less than 1.5 acres 9 17.59 9 16.75 9 .84 1.5 to 3.5 acres 952,78 95025 92.51 3.51 to 7.0 scree 9123.11 9117,25 9 5.85 7.01 to 14.0 acrsa 9248.23 9234.50 911.73 14.01 to 25.0 acres 9492.4b 9489.00 923.45 25.01 acres or larger 9879.38 9837.50 941.88 c`n:..s Cr1Y COUNCIL SCAFF REPORT PARK & RECREA770N IMPROVEMENT DIS1RiCT 85-PD June 20, 1990 Page 2 Residentf:il properly wllh more than one dwelling umt 1s assessed an amount equal to $35.18 times the number of dwelling unit. Jerry B. ulwa ~d~~~ Deputy Clty Manager JBF:Jmf EnglneeYS Report 85-PD Graph x r ~q~ ~. RESOLUTION NO. Clo ~a/,J A RESOLUTION OF THE CITY COUNCIL OF THE CI1Y OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT 85-PD (HERITAGE AND RED HILL COMMUNITY PARKS) WHEREAS, the City CouncU of the City of Rancho Cucamonga did on the 16th day of May, 1990, adopt its Resolution of Intention No. 90-223 to order the therein described work in connecUOn with the Park and Rerrea[lon Improvement District which Resolution of Intention No. 90-223 was duly and legally publtshed in the time, form and manner as required by law, shown by the alfldavlt of Publication of said Resolution of IntenUOn on file In the ofRce of the City Clerk; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the JurisdlcUOn Facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired JurisdSCtlon to order the proposed work. SECTION 1: It is hea~eby resolved by the City Council of the Ctty of LfaI1CR0 I.UCalllUll~a Ltlai Wt illlUiiC iuici coi 6llu v.wvcliiuiGc ieyuirCo ti~G levy and collection of assessments within the Park and Recreation Improvement District for the Fiscal Year 1990/91, and said Ctty Council hereby orders that the work, as set forth and described in satd Resolution of Intention No. 90-223, be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer is hereby finally approved: and SECTION 3: He it finally resolved that the assessments for Fiscal Year 1990/91, method of assessment in the Engineer's Report and the authorization to expend 1989/90 administraUve tees for park maintenance are hereby approved. X91 ,. ... .: i 1= o i :; _~, ~::' ~~ ~~ o a s AY 15Y3 MY rONYM 113 _ r, r nr a3as3Naoa ` I ~ rn w ,; ~~ .'. ~k CITY OF RANCHO CUCAMONGA Parks & Recreation Improvement District $50 S99 - S98 S97 S 9 6 -.-..,. ,_. $95 $99 $43 S42 S41 S90 S39 S38 S37 a a d . _.' _._--- S35 $34 533 S32 -- -~ S31 530 85/86 86/87 87/88 88/89 89/90 90/91 Fiscal Year -'+- Assessment Rates -'. City of Rancho Cucamonga Annua] Report 85-PD Fiscal Year 1990/91 A[1THORITY FOR REPORT This zcport foz the 1990/91 fiscal year fs prepared pursuant to the order of the Ctty Councll of the Ctty of Rancho Cucamonga and m compliance with the requirements of Article 4, Chapter 1, Landscape and Lighting Act oC 1972, being Division 15, Section 22500 of the Streeis and Highways code. Provisions for this annual assessment are included in Chapter 3 of the Landscape and [.igh[ing Act of 1972. The nurn~e of this mnnrf Is to set forth tindln¢s and the assessment analvsia for the annual lery of assessments for the Parks and Recreation improvement District No. 85-PD, thereafter referred to as "the Distr(Ct", This Dlstrlet, using direct benefit assessments, has been created to provide funds to finance the cost of consWetion, maintenance, operation and debt payment of Herttage Commumty Park and Red Hlll Community Park in the City of Rancho Cucamonga. FINDINGS Sectton 22573, landscape and Ilghting Act oC 1972, requires assessments to be levied according to benefit rather than accordtrig to assessed value. The section states: 'The net amount to 6e assessed upon lands within an assessment dtstrtet may be apportioned by arty formula or method which fairly distributes the net amount among all assessable lots or parcels m proportion to the estlmatcd bene[tts to be received by earn such im ur panroi i~um ufe uupruvewaus,- The means of determining whether or not a parcel wlll benefit from the improvements Is contained in [he Improvement Act of 1911 (DSVlsion 7, cormnencing with Section 5000 of the SUeets and N.Ighways Code. State of Callfomlal. The 1972 Act also provides for the claasdicallon of vaHOUS areas within an assessment district into bene(1t areas whew, by reason of vartatlons In the nature, location, and extent o[ the Improvements, the various areas will receive dtRertng degrees of all territory receiving substantially the same degree of benefit from the improvements and may consist of contiguous or noncontiguous areas. As the assessments are levied on the basis of benedt, they are considered a user's fee, not a tax; and, therefore, are not governed by Article XIIIA, Properties owned by public agencies, such as a city, county, state, or the federal government, are not assessable without the approval of the particular agency and, normally, are not asxssed. Certain other parcels used for rallroad mainiin~ right-nf-way, puhlip n}iliry transmigsinn right-ni-way, common areas, and nan- protlt organvations (i.e., churches, clubs) are also exempt from assessment. The assessment for mobile home parks will be based upon underlying lot acreage. DISTRICT ANALYSIS A. Improvement District Boundary The Improvement district includes all of the CIty of Rancho Cucamonga with the general exception of land east of Deer Creek Channel and the Victorta & Terra Vista Planned Convnunltles. All parcels of real property affected am more particularly descrtbcd m maps pnepared m accordance with Sectlon 327 of the Revenue and Taxatlon Code, which are on !Ile m [he o81ce of the San Hernardlno County Assessor m the Hau of Records. 172 West Third Street, San Bernardino, Califomla and which are hereby made a pari hereof 6y reference. B. District Name City of Rancho Cucamonga Park Improvement DlsMCt No. 85-PD. C. Factlftles The existing works of Improvement are generalty described as follows: 1. The construction of Hentage CommuNty Park Including, but not IlmHed [o. gmdmg, planting, frngatlon, onslte roads, sidewalks, parking lots, ughting, restrooms, equestrian facllltles, playground equipment, picnic facilities, athlettc facllitlea, and walking. Jogging and equestrian trails. 2. The construction oC Red Hlll CommuNty Park mcluding, but not Ifmiled to, gradmg, piantmg, irrigation, onslte roads, sidewalks, parking lots, llghung. waterscape, restrooms, senfor cltlun facilities, playground equipment, plcmc Cacllltles, major lighted athletic tactlltles, Jogging trail, underground storm dram system, and adjacent public street Improvsments. ESTIMATE OF WORK The Iandscaping and IAghting Act of 1972 permits canying forward surpluses or recwenrrg de0clts In subsequent Oscal years. Costs for the dfs[nM wlll be reviewed annualty. Any _.._a.._ ___......__._ ............ .. uw...::~ ouo:: k 4a.:uucu u~ uro asseaxuuem fur «re ... y...............,...a ..............~.,..........:...q following (ISCaI year. i 990/91 Fiscal Year Estimated Costs & Budget Summary Balance Iran 1989/90 Budgsj $ g74,Opp Admen. Fee Charged m Error - Reimbursed General Fund <40,418> General Fund Reimbursement for Park Mamtenance <2.43.58D $ a Redemption Fund $ 33,gg8 Spec!sl Reserve Fund $ Iix96Ci County Special Charges $ 5,g1y City Admin. Charrgges $ 94,752 Debt Servke lnsta7lmmt(1/21/91) $ 295,483 Debt Service Insmlhnent (7/2/91( $ 510,982 1990/91 Mamt. Contribution $ 222.837 $1,129,278 ~. ^a ~y t , METHOD OF SPREAD The landscaping and I.tghtfng Act of 1972 Indicates that assessments may be apportioned by any formula or method which fairly distributes costs among all lots or parcels with the District m proportion to the estimated benellts metved. A. DeRnltlons The Distrito is divided mto three categories for the purpose of detemm~hrg the assessments as follows: CATEGORY A -Includes parcels based on the number of existing rcsfdentfal units within certain ranges of parcel sfu. CATEGORY B -includes all parcels not defined in Category A or Category C. CATEGORY C -includes exempt parcels. FScempt parcels were discovered by searehing the County Assessor's computer tapes for those parcels that are listed as exempt by the Assessor or whSCh have an assessed value oC less than >6500. In rnnducttng the search, several Parcels were mduded as exempt that show Parcel sizes In excess of 1.5 acres and type codes of, Cor example, rcsldentfal or agriculture. These paroels were added back Into the rolls and assessed. B, Formula The assessment formula m based on actual land use lnfonnatlon cantafned In the currmt San Bemardmo Assessors computer Nes and Assessor's paml maps. Category A: Alt parcels rnntafmng existing residential dwelling units and meeting the following conditions. Parcel Slu Range Less than 1.5 acres and 1.51 to 3.5 acres and 3.51 to 7.0 acres and 7.01 [0 14.0 arms and 14.01 to 25.0 acres and 25.01 acres & larger and Number of Erdsting Res. Dwelling L'mts/Parcel 1 or mom dwelling amts 2 or more dweling units 4 or moR dwelling units S or more dweNng amts 15 or more dwelling amts 26 or more dweling amts Category A B based on the number of exleting residential units. The actual assessment Cor Bond Debt Service per existing rcsldrntiel dwelling unit may decrease each year ae more resldentlal amts are budt wihm the improvement dfslrfet. Maintenance costa, however, arc expected to increase armualty and w711 somewhat offset the anticipated deereese In assessments due to new development. Category B: All parcel nM defined in Category A or Category C. s:' ~; Category C: All exempt parcels as de0ned below: 1. All properties currently tax exempt; 2. All public ownerships; 3. Railroad mainline rights-of-way; 4. Major utility transmission rights-of-way; 5. Mineral rtgh[s; & Parcels so small they cutrntly cannot be bultt upon; 7. AB normalcy assessable parcels within an assessed valuation of less than $500 and 1.5 acres or leas; and 6. Non-pm8t organizations (Le., churches!. C. Summary of Preliminary Assessment Amounts Category A The preliminary estimated assessment rate which will be levied during Clscal year 1990/91 Is $35.00 per dwelling unit for those parcels N Category A Category A parcels contahltrig more than one residential dwelling umt w1ll be assessed for an amount equal to $35.00 rimes the number o[ dwelling units. Category e: The assessment whkh may be levied for parcels within Category B during Oscar year 1990/91 shall be accocding to the following schedule: Definition Assessment Per Pazcel less than I.50 acres $ 17.50 1.01 acres [0 3.OU BCICS Y ~.4b 3.51 acres to 7.0 antes $122.48 7.01 arms to 14.0 arms $244.97 14.01 acres to 25.0 acres $489.93 25.01 acres & larger $874.88 Category C: The assessment sha8 be $0.00 for Category C parcels PRQIF.CIED 1990/91 ASSESSMENTS Single FamOy Umta 26,538 a[ $35.00 = $ 928„!1;110.00 Less than 1.50 acres 895 at $ 17.50 = $ 15.882.50 1.5 acres to 3.50 acres 3S2 at $52.49 = $ 19,001.38 3.51 arrrx to 7.0 arms 21Fi st $122.d8 fe 26dtv.a"'B 7.01 aczea to 14,0 scree 142 at $244.97 = $ 34,785.74 14.01 acres to 25.0 acres 51 at $489.93 $ 24,988.43 25.01 acres or larger 27at $874.88 = i6 29.621.78 $1 ,073,343.49 1' ~. IF NO INCREASE Singlc Family Units 26,538 at $33.50 $ 889.023.00 Leas than I.50 acres 896 az $ 16.75 = $ 14.991.25 1.5 acres to 3.50 acres 362 az $5025 = $ 1,190.50 3.51 acres to 7.0 acres 216 az $117.25 = $ 25,326.00 7.01 acres to 14.0 acres 142 az $234.50 = $ 33299.00 14.01 acres to 25.0 acres 51 az $969.00 = $ 23.919.00 25.01 acres or larger 27 az $837.50 = $ 22,612.50 ~3: . _* fl, , CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 TD: City Council and City Manager FROM: Russell H. Maguire, City Engineer 8Y: Jerry A. Dyer, Associate Engineer SUBJECT: Public Hearing of protests regarding Eminent Domain action to acquire public right-of-way for the Summit Avenue widening and realigmment, Tract Map 13812 pro3ect between Etiwanda Avenue and Hanley Avenue (bluegrass Avenue) at the properties located at 12726 and 12692 Summit Avenue (APN 0225-111-08 and 09) in the L7 Ly of RanChO CUCamOnga. ~ RECOMMENDATION: Staff recommends adoption of the attached Resolution of Necessity - directing staff to proceed with condemnation of right-of-way for the construction of street improvements for the Summit Avenue wtdening and realignment Tract Map 13812 proiect between Etiwanda Avenue and Hanley Avenue (Bluegrass Avenue) at the properties iocated at 12726 and 12692 Summit Avenue (APN 0225-111-OB and 09) 1n the City of Rancho Cucamonga. BACKGROUND/ANALYSIS This 1s an Eminent Domain action to acquire street right-of-way for SUmmit Avemie 6p}wpP11 P}1 YAnAA aVGO1M •OA moans vy mo~noe TwS_t ~w ~. i3uii This action is being pursued as required by the Agreement entered into between the City and Natt Southern California, Inc. The City has 120 days from the date of filing of the final map, to acquire this right-of-way, as set by the State Subdivision Map Act. Therefore this action is brought before the City Council for consideration. It will need to be adopted should Council desire to enforce the condition of approvai placed of the Tract Map subdivision to construct off-site Improvements, not adjacent to the subdivided property. The owners of the property, Mr. and Mrs. Peterson have not accepted the °offer to acquire" made by the City, as established by an independent appraiser. Although negotiations continue, 1t is deemed necessary at this time to enact a Resolution of Necessity to proceed with condemnation of such right-of-way for the proposed development, prior to the expiration of the State mandated time period for acaulsltion. AttacM1mont RESOLUTION N0. 90 ~a1/ool A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAlDN6A, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN CERTAIN REAL PROPERTY COMMONLY KNONN AS 12726 AND 12692 SUMMIT AVENUE LOCATED IN THE CITY OF RANCHO CUCAiK1NGA ASSESSORS PARCEL N0. 0225-111-OB AND 0225-111-09 AND INKING FINDINGS IN SUPPORT THEREOF Ali , [_U. ~•. li::~- A. Recitals. (1) The City of Rancho Cucamonga has conducted a study pertaining to Lhe widening, realignment, construction and improvement of Sundt Avenue oetween Etiwanda Avenue and Hanley Avenue (Bluegrass Avenue) in the City of Rancho Cucamonga (hereinafter referred to as the "Pro,)ect"). Based upon such analysis, 1t has been determined that the most reasonable and feasible plan for widening, reallgnaent, construction and improvement of Summit Avenue will require the acqu151tion of an easement over a portion of that certain real property comaonly known by the street address of 12726 and 12692 Somali Avenue, Rancho Cucamonga, California, bearing Assessors Parcel No. 0225-111-08 and 0225-111-09 are more particularly described in the attached Exhibit "A". (11) Pursuant to California Government Code StcLlon 40404(a), a City may acquire private property by condeamatlon when it 1s necessary for establishing, laying out, extending and widening streets; (iii) Pursuant to California Goverment Code Section 7267.2, prior to adopting this Resolution the City has made an offer to the owner of record to acquire the property for the full amount oP fair market value as established by an Independent apprelsal valuation; (iv) On June 20, 1990, this Council held a duty noticed public hearing pursuant to the terns of California Code of Civil Procedure Section 1245.235 and said public hearing was concluded prior to the adopted of this Resolution; and, (v) All legal prerequisites have occurred prior to the adoption of this Resolution. lq4 '`s cj,,"yC t{} :: i`5l 0. Resolution. NON THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucanonga as follows: SECTION 1: In all respects as set forth to the Recitals, Part A, of this Resolution. SECTION 2: That the real property which is required for the street improvement purposes referenced hereto is situated to Lhe City of Rancho Cucamonga, County of San Bernardino, State of California, and 1s more specifically outlined in the legal description and map attached hereto as Exhibit "A" and incorporated hereby by this reference. SECTION 3: Based upon substantial evidence presented to this Council during the above-referenced public hearing, Including written and oral staff reports, the City Council specifically finds as follows: pro,{ect; a. The public interest and necessity require the proposed b. The proposed project is planned or located to the manner that will be most compatible with the greatest public goad and the least private injury; c. The property defined in this Resolution is necessary for the proposed pro,{ect; and, d. An offer of fair market value has been made to the owners of said real property pursuant to the tens of Caitforrtir. Government Code Section 7267.2. SECTION 4: The City Cauncll hereby declares its intention to acquire an easement over the property described in Section 2, above, Dy proceedings in eminent domain. The City attorney 1s ordered and directed to bring an action in the Superior Court of the State of California for the County of San Bernardino, 1n the name of the City of Rancho Cucamonga against all owners and claimants of the property described herein for the purpose of condemning for street improvement purposes, and to do all things necessary to prostcute sold action to its final determination in accordance with the provisions of law applicable thereto. The City Attorney 1s authorized and Instructed to make applications to said Court for an Order fixing the amount of security by way ~® 'fit;. of money deposits as may be directed by said Court and far an Order permitting the City to take possession and use of said reai property for the purposes herein described. SECTION 5: The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 20th day of June, 1990. MAyor I. DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of June, 1990, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 20th day of June, 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Debra J. Adams, Ctty Clerk City of Rancho Cucamonga -".y: .@:'. ~.. +.~ ~% ~~ } Ys},; ~/ ~~+ (T ~: ~: ® ~ ~ L ~ ~•. ~ ' _ c ._ , - I ~ ^r i I i Y i n i ~ ~ `!' ' uu'wu i u:~ ti+`~ yte ~~~~ C tE'fIP'AA'pA ___. =1. _ ~~ br ..i 'i I 5 I E ~ F ,_ . 04.9016 'K~ LOCAT/ON MAP Fror. Etiwando Colony Lands-Adfl2/2A A) / j~ i ._ -.. _t~G _. ' / - c - II' -- _~.. __ -'-°-~ •- j • 133 ® I )..r)l I ~ I ® wls / lzs,c I 1 ~) )bK. r e -'' ~ ' ~ L)OY Y/l I I /ALO: l3 wai Y: mt ~~'u • ^i/ l ,1 l~ `-( \\ ~- i i Ronchd:000alrwnao GiIY 225- 'Tax Rale'Ar)o- JIL X3022,13037: 13081 )'i:- ~1 l i r%)o```o' ¢~ 1, ' S y"' j. I. ."~ ~ ~ ) i 12 . K. ~ 553 3~ Tom' S4 ® a......t .~ fid ~~ •~ f ~ ~ © ®lCr, MI I.)r eC L r•'.~ 2))K. ~ tJUM.'4 N •r'I)1 1 O Q O ©~ ' Iu. •a 1 bl \ 16 ague t:./ ...1 ..r.:: n _ r EDh/R/lp T, TETERTON of p/ NiN/ ?2S-///.pd x`09 ~SeE EXM/O/Ti A2 ! As ,~~ Assettal Mao )nn r n rr an n Boak 223 Page 11 s n a w Sall BpllaNep fi011111r n/u /u/o r re R /b/rr q At i ,i, .~^ .d' oa. ~y I_~_____ O 0 i i N N Q D m O N W r W a FF O 0: 3 W g a i' W 7 Z W 6 O ~ q .S V J N j . ~ 3 ~ N M 3 1 Y ., ~S_ i 7 N W / ~-,. 'M~~OZ,00.0' N L .y 3'~ ~, 2 J W 2 Q J W V :~ K0 ~, o w N W Z 0: m Q _~ ~' m^~ ?O~ ----~ :~ r m x Z i° .~ ~fl m~ Da CW Q~ c~ n= C w3 is c' wa wg 3a w N 2 F W CJU ~mW ,~~ ~ u'~ w DO J ~ F. ~~ a' a W F !`o W 0 C N~~ W d. 2~ O -i m om~~ r 3m m A ~ S ~,~'~o -~'° x m ga~1A ~~_~ .Np - r X33 ~~~ IP m oRa cep 10 ~o= ~1'T (Q .~~'.'.~~ m.~~ X03 ~~~ . u c 3 I S r b z 0 a YA N O n x x _~ a° -- a "t:; J ~. , m .~ R N A 3 a ~ fz '4 1 N O•OG'02'W. `S __-- 791.56 ry' LY. R ~ ~ W 1; v IIFi ~ ~ ~ ~ ~ m N p N p m i ~ ~ fA O 2 ~. 0 m z e m . L~:4~41t_-- .,. ''E That portion of land in the City of Rancho Cucamonga, County of San Bernardino, Stale of California as described in deed to Edward Todd Peterson and Janiece E. Peterson recorded January 17, 1989, Document No. 89-017289 Official Records, in the office of the County Recorder of San Bernardino County, within a strip of land, 71.00 feet wide, lying 33.00 feet Northerly of and 38.00 feet Southerly of the following described centerline: Beginning at the centerline intersection of Etiwanda Avenue and Summit Avenue as shown on Record of Survey, in the County of San Bernezdina, State of California, es per map recorded in Book 38, Pages 42 through 41, inclusive of Record of Survey, in the office of the County Recorder of said County; thence South 89°34'28" West 721.25 feat along the centerline of said Summit Aoenue, to the beginning of a tangent curve, concave Southerly end having a radius of 1000.00 feet: thence Westerly along said curve, through a central angle of 6'09'14' an arc length o£ 107.41 Eeet7 thence tangent to said curve, South x3.25'14' West 382.98 Eeet to the beginning of a tangent curve, concave Northerly and having a radius of 625.uu feet, said curve also being tangent et its Westerly terminus with the East-West center Line of Section 29, Township One North, Range Six West, Snn Bernardino ease and Meridians thence Westerly along said lest mentioned curve through a central angle of 6'57'02• an arc length of 100.08 feet to said Bast-West centerline of Section 29i thence North 89'37'44• Nest 160.OO.feet along said East-Neat centerline to she beginning of a tsngent curve, concave Northerly and having a radius of 825.00 feed thence Neeterly along said lest mentioned curve through a central angle of 0°44'39' nn arc length of 125.91 feat; thence tangent to said curve North 80'53'05• Nesi 160.00 feet to the beginning of a tangent curve, concave Southerly and having a radius of __id _ .i.,. Vii.. «.en.nr at its Westerly terminus with the said-centerline~oF Susmit Avenue as shown on eeid Record of Survey; thence Nesterly along said last mentioned curve, through a central angle of 9'32'27• an arc length of 177.38 feed thence tangent to said lest mentioned curve South 89'34'28• Neet along eeid centerline 750.1E feet to the Neet line of the Northeaei Quarter of said Section 24, enid point being 37.00 feet Northerly et the center of said Section 29, along said Nest line. The property lines shown on the attached erhibite may be contestable, therefore the intent of the eneement is that the property owner grants to the City that portion of his property which !e required for the alignment of Summit Avenue ae described herein before. fXHlBiT A1~~ ~ Exp. 9.30.92 ~•~~~ ~'~~f Oii Ci0.if0~r`' ~t;;. That portion of land in the City of Rancho Cucamonga, County of San Bernardino. State of California as described in deed to Edward Todd Peterson and Janice E. Peterson recorded October 13, 1976, in Book 9071, Page 509 of OEf trial Records, in the office of the County Recorder of San Aernardino County, within a strip of land 71.00 feet wide, lying 33.00 feet Northerly of and 78.00 feet Southerly of the following described centerline: Beginning at the centerline intersection of Etiwanda Avenue and Summit Avenue as shown on Record of Survey, in the County of Ban Bernardino, State of California, ae per map recorded in Hook 38, Pages 42 through a4, inclusive of Aeeord of Survey, in the office of the County Recorder of said County; thence South 89°34'28" Neat 721.25 feeC along the centerline of said Summit Avenue, to the 6eginninq of a tangent curve, concave Southerly and having a radius of 1000.00 feet; thence Nesterly along said curve, through a central angle of 6'09'14" an arc 1lt,y to of 1V /.41 reef] thence tangent to bail 1: uavC, oV.. a. i. 83'25'14' Weat 382.98 feet to the beginning o£ a tangent curve, concave Northerly and having a radiua oP 825.00 feet, said curve also being tangent at its Westerly terminus rith the East-Neat center line of Section 29, Township One North, Range Si: Neet, San Bernardino Bane and Meridian? thence Neeterly along said last mentioned curve through a central angle of 6'57'02• an arc length of 100.08 feet to said East-Neat centerline of Section 29i thence North 09'37'44• Neei 16O.OO.feet along acid East-Weal centerline to the beginning of a tangent curve, conenve Northerly and hewing a radiua of 825.00 feet; thence Neaterly along said last mentioned curve through a central angle of 8'44'39' an arc length of 125.91 feet; thence tangent to acid curve North 80'53'05' Neat 160.00 Feet to the beginning of a tangent curve, concave Southerly sad having a radius of _ta __ -\n._. A_..<_n_n •anns_nT aT iTa MP~TPrL V_ OLJ.VV •cc Vl 4u~u ~r r ~•• •• terminus with the eeid-centesline~of Summit Avenue ae shown on eeid Record of Survey; thence Westerly along eeid last mentioned curve, through a central angle of 9'32'27' an arc length of 137.30 feet; thence tangent to said last mentioned curve South 89'34'20• We9t along acid centerline 750.18 feet to the Neat line of the Northeast puerter of said Section 29, said point being 33.00 feet Northerly at the center of said Section 29, along enid Neat line. The property lines shown on the attached ezhibite may be contestable, thareiore the intent of the easement is that the property owner grants to the City thst partion of hin property which is required for the alignment of Summit Avenue ee described herein before. EYN/BIT A2~ ~,, .. i fir; ,~s F CITY OF RANCHO CUCAMONGA STAFF REPORT "~` »~ DATE: June 20, 1990 TO: Mayor and Members of the City Council FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: PROPOSED GANG ABATEMENT ORDINANCE Attached is a staff report from the Public safety Commission explaining the concepts of the proposed nuisance abatement ordinance for your consideration. Respectfully submitted, Jerry B. Fulwood Deputy City Manager JBF/pr Attachment ~4 ,._' r; `'~ CITY OF RANCHO CUCAMONGA STAFF REPORT f, ,. ~;, . .,.._... June 20, ? 990 T0: City Council FROM: Clyde A. Boyd, Chairman Public Safety Commission .,- That the Council review the proposed voluntary abatement ordinance and determine if it meets the needs of the City or if a different approach is required. BACKGROUND: Tne Council requested the Commission tc obtain and review similar gang abatement ordinances and make zecomrendations. There are apparently fro types of such ordinances, the voluntary ordinance (dubbed the Hest Covina model) and ehe involuntary ordinance (the Povrona method). Tne City Attorney proposed an ordinance which is a copy of the Nest Covina urci ua uue. iue miry ntwn~ny iuaiiue and umy opposnu a runmue-a[yae urcinance based on their belief that it is unconstitutional. As a result, the proposed ordinance reviewed and forwarded for your consideration is the voluntary abatement model, OISCVSSION: The proposed gang abatement ordinance establishes a formalized adminiat rative process to identify the existence of a gang-related nuisance (as defined in state law) and then seeks voluntary abatement from the property orne r. Under thin ordinance, the psopecty owner is advised of the alleged nuisance, is given an opportunity to be heard and formal findinge are made, If a nuisance is found to exist, an order to abate the nuisance is made. In the event [hat the nuisance is not voluntarily abated, the City must go to court and file a nuisance abatement action (which it can presently do at this time without the o wm.na3~ao~a.a hear iiry pYvCaa 3). .30 Proposed Gang Abatement ordinance June 20, 1990 Page 2 ADVANTAGES 9F THE ORDINANCE 1. The proposed ordinance will likely 6e effective in dealing with property owners who are unaware that the'_r property is being used for prohibited activitie9. Those propetty OwnexS axe more likely to Cooperate with Che City in sooting the nuisance without the necessity of a formal cou xt action. 2. TY.e proposed ordinance establishes a moral statement of policy with regard to how the City views oane activity. 3. The proposed ordinance allows the gathering of evidence which will be useful if the City has to file a formal nuisance action in coact. DISADVANTAGES OF THE ORDINANCE; 1. It is only "half a loaf". Since the ordinance seeks only voluntary abatement, nothing is added to the City's arsenal against the problem inasmuch as the City can request voluntary abatement now without the ordinance. The ordinance adds nothing to the status wo except the establishment of a formal adminiat rative procedure. 2. The proposed ordinance provides no penalties or sanctions for maintaining a nuisance. As a result, it is a "toothless" ordinance. It is a policy question whether the City wants to enact ordinances that merely state policy ar moral statements. CONCLUSION: The proposed ordinance is provitled for your consideration, Nhether the Council In the event that the Council desires to pu csue more stringent techniques, appropriate direction should be given to staff, the Commission and the City Attorney. CAB:ils S .ao$ ~::.. ~~ , ORDINANCE NO. ~~ AN ORDINANCE 08 T86 COONCIL O! THE CITY O! RANCHO COCANONOA ADDINO CHAPTER 9.19 AHATEMENT 01 CERTAIN lIITIBANCBB TO TITLE 9 - PDHLIC FEACB~ NORALB AND IIELlARS TO THB CODS OF THS CITY 0! RANCHO ODCAMON(U. A. Recitals. (i) Tha City Council has found and determined that in certain structures or places in the City criminal street gang activity is present which has caused and will continue to cause deleterious conditions to 6e present 1n the City, including but not limited to, offenses involving dangerous or deadly weapons, crimes uya ... r___ - - .-.:. .~ ~ - - - :.y.. - t..':.~... ~s related burden on law enforcementrto respond to such activity. (ii) The City Council Further found and determined that persona, including but not limited to, criminal street gangs, utilize structures and places within the City Por the unlawful storage, sales, serving, keeping, manufacturing or giving away of controlled substances as such are defined by State and Federal law and which are commonly referred to ae "drugs^. (iii) The City Council has determined that the utilization of such atructurea and places within the City Por the uses eat forth above are, and constitute, public nuisances ae such are defined in State law and such activities are violative uL Luce yui,iiu i,eai Li,, eacety ana welxare ana further such activities interfere with the enjoyment and use of property within the City. (iv) The City Council desires to establ iah a process which will supplement the general laws o£ the State by adopting a nonjudicial administrative abatement process which is intended to provide an alternative means by which such nuisances may be abated by the voluntary cooperation of the property owner oP the structure or place harboring the public nuisance. In the event such nonj udicial process fails to result in the abatement and cessation of such public nuisance the City may institute and pursue to conclusion a civil action to abate such nuisance. e. ordiaanoe. NOW THEREFORE, the City Council oP the City of Rancho Cucamonga, California, does ordain as follows: Section 1: In all regards as set forth in Section A, Recitals herainabove. .~nq Section 2: Title 9 - Public Peace, Morals and Welfare is amended by the addition of Chapter 9.19 - Abatement of Certain Nuisances, which shall read, in words and figures, as follows: "9.19.1 - Purpose and Intent: The City oP Rancho Cucamonga has determined that certain activities which have been identified as public nuisances under state law are present and ocwrring in structures and places within the City. State law provides for the enjoining, abatement and prevention of such nuisances. The City desires to supplement the general laws relating to the abatement of such public nuisances by establishing a process whereby such nuisances may be abated by a voluntary cooperative effort between the City and the owner of the property whereon such public nuisances are nrrnninn The n ..aA........ ..,.r es.i:-~_a :_ ~ _,.__~_._ ..uy rr~ describe and establish thieVprocees-and further, make provision for obtaining judicial relief in circumstances where voluntary abatement is not achieved. "9.19.2 - Definitions: As applicable to this Chapter, the following terms shall have the definition ascribed to them as follows: ^A. 'criminal Activities' as used herein shall mean any misdemeanor or felony as defined by local, State or Federal laws, including but not limited to, the offenses set forth in Penal Code Sections 156.22(c) and 186.22 a. "D. 'Criminal Street Gang' as used herein shall have the meaning ae defined in Penal Code Section 186.22 (f): any ongoing organization, association or group of three or more parsons, whether formal or informal, having as one of its primary activities the commission one or more criminal acts, as specified in subsection (e), which has a common name or common identifying sign or symbol, whose members individually or collectively engage in or hove engaged in a pattern of criminal gang activity. "9.19.3 - Public Nuisances to be abated; Procedures. "A• Every structure or placo used for the purposes of criminal activity by a criminal street gang, gangs, or individual members thereof, or each building or place wherein or upon such criminal activity takes place, or ae defined in Penal Code Section 186.22(a) is a public nuisance and may be abated as set forth herein. ~~o "B. Every strveture or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor and analog specified in State law and every building or place where such activity occurs or as is defined in Health and Safety Code Section 11570 is a public nuisance and may be abated as set forth herein. "C. Abatement procedures ae set forth in State law which, respectively, relate to Penal code Section 186.22 (a), Health and Safety Code Section 11570 may be commenced by the City Attorney as sat forth herein. "9.19.4 - Allegation of Nuisance; Investigation. °A. written Allegations. Any person may submit to the chief of Police written allegations regarding the existence of a nuisance as defined herein at a specific atrvctura or place. such written allegations shall be factual in nature and provide specific details which serve to support the allegations. Notwithstanding the foregoing, the Police Department or any code enforcement agency of the City, may identify a structure or place which is believed to be a nuisance as defined herein. "B. Investigation of Allegations. "1. The Police Department shall investigate all allegations regarding the existence of the nuisance uliiiziny appropriate inveseigative procedures. Such investigation may include but Se not limited to a review of calls for service for nuisance-related activities, statements or admissions of the property owner or occupants of the subject structure or place, and declarations Prom adjacent property owners or occupants. "2. The Chief of Police shall determine if the results of the investigation warrant proceeding to a nuisance abatement hearing. "a) IP a nuisance abatement hearing ie determined to be justified, the Chief of Police, or his designee, shall proceed as set forth in 6ection 9.19.5. "b) if a nuisance abatement hearing to not found to be jusiiPied, a written notice of such decision shall be mailed by first class mail to the party who submitted the written allegations. 1 ~ !~ /~ "9.19.5 - xuieance Abatement Hearing. "A. When the Chief of Police has determined that a nuisance abatement hearing fs justified, he shall establish a date, time and place for such hearing. "B. Notice of the hearing shall be sent by certified mail to the owner(s) of record of the property at the address as shown on the last equalized tax assessment roll, and to the party who filed the allegations. "1. The notice shall be sent not less than ten (1G) calendar days prior to the date established for such he"ri n~]. "2. The notice shall contain the following: a) Identification of the street address and assessors parcel number of the subject property; b) Iflentification of the alleged nuisance and the evidence in support thereof; c) A description of the hearing process and the rights of the property owner; d) An explanation of the alternative civil abatement process; and, e) A description of the appeal process. "9.19.6 - Hearing Procedure: "A. General Provisions: "1. The City Manager or hie designee shall serve as the Nuisance Abatement Hearing Officer. "2. The Hearing Officer shall have the power and duty to admirieter oaths and affirmations and to certify to official acts. "1. The hearing shall be recorded by means of audio tape recording or any such other means as the Hsarirg officer deems appropriate. "4. All persons presenting oral testimony shall be sworn prior to tnking such testimony. "5. A11 written evidence shall be signed and dated by the person submitting the some. dI ~x ,"t:. "B. Presentation of Evidence. "1. Each party may call and examine all witnesses, present evidence, rebut any evidence presented against the party and be represented by anyone the party may choose. "2. All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer. "C. Decision oP Hearing Officer. "1. The Hearing Officer shall, not more than five (5) working days after the hearing render a written decision which shall, on the basis of the evidence ae presented, determine the existence or nonexistence of the alleged nuisance. "2. If a nuisance is found to existence the hearing officer shall describe the nuisance with particularity and shall specify a time frame for the voluntary abatement of the nuisance by the property owner by any lawful means. Further, the decision shall explain the civil abatement. alternative iE voluntary abatement fails to abate the nuisance. "3. The written decision shall be served on the property owner and lnterested parties by certified mail. "9.19.7 - Appeal Procedure: "The property owner may appeal the decision oY the Nearing Officer on any grounds, on or before the tenth (10th) day after the date of the Hearing Officer~a decision. Such appeal shall be written and shall describe with particularity the grounds for the appeal. Such appeal shall be filed with the City Clerk; the Clerk shall place such appeal on the first availnbla City Council agenda. "The City Council shall consider the appeal in eonjunetion with and respective to the record of the nuisance abatement hearing. The City Council may revise, amend or otherwise elter the decision of the Hearing Officer in its sole diecretian insofar ae such is supported by the evidence. .~13 ~ "9.19.8 - Civil Abatement: "When the property owner or other interested party responsible for the subject structure or place fails to abate the nuisance within the time frame as established for such abatement, the city Attorney is authorized to proceed with a civil action to abate the identified nuisance pursuant to the applicable State or Federal law. Such abatement action may include seeking a temporary injunction and any applicable damages, costs, and remedies. In the event such damages and costs are not satisfied such shall become a lien and charge against the subject structure or place." Section 3: That the City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall thereafter be in full force and affect thirty (30) days after the date of its adoption. PASSED AND ADOPTED this day of 1990. -- DENNZS STOUT, Mayor I, DEBRA J. ADAMS, City Clerk of the Citv of Rancho Cucamonga, tlo hereby certlPy that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, held on the day of , 1990, and was Finally passed at a regular meeting of the C ty Council of the City or Rancho Cucamonga held on the day of 1990, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: C{n31aMWaa\~ 1.1,1 ~'~ h4 at. C ty Clerk of the C ty of Rancho Cucamonga CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 To: Mayor and Members of the City Council Jack Lam, AICP, City Nannger n ~ ~ {y-' FROM: Debra ,J. Adams, City Clark : I ~0 p/.N~- SUBJECT: 0116 RECOlOffiNDATION Nith the naainatlon period Eor tM Novaadwr 6, 1990 mlmction caam»ncing July 16, 1990 through Auqumt 10, 1990, It i¢ rmcormandmd that the Council adopt a Resolution telling for the Municipal Elmction to bm M1Q Noveadler 6, 1990, far the positions of Nnyor and tpo City Council caste. It i¢ :loo racomm¢ndmd thai the council adopt a Re¢olution to approve raqulatlons for cnndidatmm running for elective officn. If you have any questions, please foal from to contact me. /age Attached Y" r~ `n.. !~' Irv' i ~`R i ~P: '^r v .?~03 RESOLVPICN rp. 9o-+ A RE9OIUITCN OF ?f1E CP1Y 00[YJCII. OF THE CPPY OF RANCfD CUCAlLNC,A, CAI.IFgai7A, CAi3,IIJG AND GIVING NOTICE OF GBNfFAL MIiICIPAL E[lLTIQi TO BE HE[D IN SAID CLTY ON TUESRAY, THE ti1H OAY OF NOVQ~IDFR, 1990 FOR THE FSl7LTION OF CEIO'AIN OFFICERS OF TES CTI7f AS REQUIl2ID BY TFIE PR7VISIONS OF THE IAWS OF THE SPATE OF CALIf[H37IA uvramrnr_ TO G@ffPAL LAW CITIESSS, ANO Q2ISDL7OATIl~ SAID E[ECPICN Wi7fi SPATEWIDE GENERAL ELBCITON TO BE HE[D Ct7 SAID GATE Y~.S, IIIder Tl1e provuslc~cr ul Uw :,.w:. _ _ W' _ ___ __ _ cities in the State of California, a gerwual mnicipal electim shall~be held m Tuesday, Nrn~ber 6, 1990 for the electim of Mnicipal Officers. NOW, 'RARE, the City Caa~cil of the City of Rands CucmQga does hereby resolve, declare, determine and m~]e<• as follows: SECPICN 1• That pOrsuartt to the requirements of the laws of the State of California relatirg to General Iaw Cities within said State, there shall be, and theca is haceby called and ordered, held in the City oP Rand~o Cu~ga, CauRy of San Benmrdim, State of California, m Tuesday, the 6th day of November, 1990 a General Municipal Electim of the qualified electors of said City far the pucpcrse of electing a Mayur~ of the City of Rancho CuCataOrrJd far full term of two years) a71d two m~8 of the City Oamcil for the full term of four years. SFYTICN 2• That the General Mnicipal Flectim hernly called for the date horotry~fore specified shall be and is hereby ordered mnaolidated With the Statewide General Election to be held m said date within the City. The prooeedirgs, polling P~~, precincts, pr+acinct board members and officers for the General Mnicipal Electim hereby called shall be the same as those provided for said statewide Gelpral Electim. The Board of Supervisors of San Bernardino County is hereby requested to order the caieolidatim of the General MYmicipal Electim hereby called with said Statewide Gerwral Electim, and said Registrar of Voters is hereby authorized to canvass the seGans oP said General Mnicipal Electim and said electim shall be held in all respects as if there were only one electim and are formal ballot, namely the ballot used at said General Flectim shall ha used. Said Registrar of Voters shall supervise the carrvass of said returns for said Special Municipal Flectim and trarzsmit said xeGuris to the City Ooimcil of said City which shall tlurcaftcr declare the YBSnits Yher+eof. SECPION 3: The City of Perrin CuraID:7ga shall reimdase said County far setvioes performed when the work is aooQleted and open p¢ssentatim to the City DP a properly approved bill. SNCTICN 4: Ths City Cleric oP the City of Rarr3io Cuc®aga is directai to farWard without delay to said Board of Supetvldars and to mid Registrar of Notate, each a certified Dopy of this Reeolutim. are RE90IIlFION ND. 90-+~/~~ A RE90I1A'IQi OF 'IIiE CiT1C OOIIiCII OF 1HE CITSC OF RANQp C[R7JNIIA~,A, CAL4b13iIA, AOOPPIIx, 121>.~AiLLZONS FL$2 CAIIDIOA'PFS ErYi SrliCPIVE OFFICE, PEAPAllONG 1U 34+1"H2IAIS SCIDlQ7TID 70 'DiE EIDClrFATE AND 'III OOSIS OF 'RD; CA3~IIlAT6 9fAL'II9SIf FVR '!F!E G@gIY;L lfHIOIPAL E[F1Ti0N 70 BE 3ffiD IN 'lfiE C1TY ON 7SIEmAY, NVJFFZfti8klt 6, 1990 WH~VS, Section 10032 of the Electioivs Code of the State of California provides that the goventing body ttf arty laal agaY.y adopt regula- tions terrainiln to materials prepared by any candidate for a municipal also- lion, iru:l,~; ~~ its of tl~e ~:arr7i8atae etak~~t. NOW, 'lfffdtEFCnE, the City CtRmcil of the City of Parr3a a;camorga does henry resolve, (tR[-tAl.l, AeFo.+•;no and artier 89 follows: SECTION 1: 'iftat piualerlt to Section 10012 of the Electitliis Code of the State of Califarnla, eaih candidate for elective offirn to be voted for at the reno,~.t Mmicipal Election to be held in the City of Farid7o O.lcaIDrnya on Nov®ber 6, 1990, may prepare a Candidate's statement an an appaopriate farm provided by the City Clerk. Suds statement may iroltde the flame, age and ooa~ntion of the candidate and a brief descrip- tittn of ro more than 200 wads of the candidate's education atd qualificatiais ~~ressed tN the cmdidate himself ar herself. Stich statement shall mt include party affiliation of the candidate, nor membership ar activity in partisan political argariizatims. Strh statement shall lle filed in the office ..P J-M nJ •.. nl...Y ~ah h),n hi.wn hM .w.vliANn/n _.vwJneMirw ~e _rn PJ lavi ~~ SUdi statement may be wittichawn, but not diarged, durircJ the period far filing nomiratim papers and tattll 5:00 p.m. of the next working day after the close of the nomiilatiact period. SECTION 2: 4v±ni *_~. A candidate may elect to have said candidate statement trarelatei into Spanish at an additiorwl coat to be determined by the FajistrJU• oP Voters. SkX.TION 3: Additioral Materials. No candidate will be permitted to include additional materials in the sanQle ballot padoage. Sti;.1'ION 4: p$y~. 'Aie Idagistrar of Voters shall estimate the total poet of printing, taiidlirg, trarelatirg, and mailing the candidate's statements filed pursuant to the E1Jactiarls Cade and +~•;++> eadt cantdidate filing a sratment to pry in advJtticle his ar her piro raGi share as a wriditiJxi of having his ar her statemieit iroluded in the voter's pamiphlet. the Registrar of Voters shall bill each catididata far sty cost in tamceas oP the deposit std shall reflmd within 30 days of the electim arty unused portiJmi of the d~:osit. SDLTION 5• 'Brat the City Clerk shall provide ends candidate ar the candidate'^ repx+eeentative acopy of this Reeolutlan at the time ,,,>minri.l~l petitions are issued. dl~ Idesoluti[n ND. 90-+~ Page 2 SF%:PION 6: 'dllt all previous resoiutims establishiiy mmr-i7 Pp1uY m payma~t far catdidates stat~ta are repealed. S1~TiCN 7: mat this IOesolutian shall apply mly to the electim to be held m Nouemher 6, 1990 and shall that he repealed. ~: a~g ~~., C[1'P OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: Mayor and Members of the City Council FRDM: Brad Bul?er, City Planner BY: Larry J. Henderson, Principal Planner Rlan Warren, Associate Planner SUBJECT: STATUS OF MULTI-FAMILY GEV ELDPMENT, 1990 UPDATE - A review of res ident iai development as it pertains to the City's single familyjmulti-family housing mix. RECOMMENDATION: Staff recommends that City Council consider the results of this update to the vacant resi denttal land survey and if necessary, direct staff to continue to monitor residential development activity or Lake action to ad,iust current trends. BAC KGRDUND: In August of last year, staff provided the City Council with an analysis of the progress of multi-family development in the City. After its review, the City Council directed staff to monitor multi-family and single family development and repmrt back to the Cirv ~ouncii. DISCUSSIUN: The previous report charted the multi-family development up to January 1, 1089. This report contains information which updates the progress of development to January 1st of this year. Also, as part of staff's analysis, the previous reports' figures were rechecked with more accurate studies generated from the Housing Element Update project. ANALYSIS: A review of the developnent submittals and approvals from January through December of 1989 indicates the following: * ?,124 Single family units, on 731.5 acres (for a ?.93 du/ac average density) were submitted in 1989 and 956 units on 343.96 acres (for a 2,78 du/ac average density) were approved. Both of these trends ~..^.d ica to that single family pro.fects are oene rally developing under 75 percent of the allowable ranges. Refer to Exhibit 1. * 1,819 multi-family units, on 113.5 acres (for a 16.D3 du/ac average density) were Submitted in 1989 and 347 units on 27.15 acres ffor a ]2.18 du/ac average density) were approved. This significant reduction in Submitted versus approved densities reflects the general direction of developers to apply for the maximum units without sufficient quality design enhancements to justify the higher densities. ,Refer to Exhibit 1. CITY COUNCIL STAFF REPORT STATUS OF MULTI-FAMILY OEV ELOPMENT June 20, 1990 Page 2 * There are currently 1,343 single family units on 621 acres ~Z.14 du/ac average density) and 2,183 multi-family units on 1?5.45 acres X17.4 du/ac average density) applications under review by the City. Still, the great majority of the residential land being developed is single family, but because of the higher intensity of use on multi-family land, the majority of units are multi-family. Refer to Exhibit 1. Since the previous report, staff has reviewed updated residential counts for the Terra Vista and Victoria Planned Communities. As of Seotemhar; 19RO ih~ ?^ ;~~ _ !~,-. - - - --'z p ,,,. family unit decrease (-1.2 percent) and-a 143 multi family unit increase (+2.3 percen tl since the adoption of the original community plan. These adjustments result in a net 123 unit increase f+1 .5 percen tl. Victoria, on the other hand, exhibits a 1,168 single family unit increase (+46.1 percent) and a 2,474 multi-family unit decrease (-40.1 percent) since the original community plan adoption. These adjustments result in a net 1,306 unit decrease (-17.2 percent) for Vittoria. Refer to Exhibit 2. It is still expected that the majority of multi-family development wf 11 occur in the Terra Vista and Victoria Planned Communities !refer to Exhibit 3). The remaining uncommitted multi-family acreage, i.e., land without development applications or approvals, for each plan is estimated as of January I, 1989, as follows: Terra Vista Victoria S Area TOTALS M (8-14 du /acl 61.98 189.98 251.96 MH~14-24 du/ac) 54.36 24.95 79.31 H !24-30 du/ac) 29_74 14.21 43,95 TOTALS 146.08 229.14 315.22 Refer to Exhibits 4 E 5, The significant Victoria acreage is primarily due to the fact that very little development has yet occurred on the communf ties existing multi-family designated land. The largest grouping of :ic for ia's multi-family units faSR, z7 7 percen Ll will be within the Lakes Village adjacent to the mall. An update for projects submitted since the first of the year indicates that there have been t57 single family units fLM) on 30.4 acres submitted within Victoria and 381 multi-family units (M b MH) on 24.9 acres within Terra Vista. Refer to Exhibit 6. " An issue to consider in a "most intense" development scenario for Terra Vista is the permitted total units under the "density bonus" which provides for affordable housing. Under the base density of 8,t20 units, staff estimates that 3,015 multi-family ~O CITY COUNCIL STAFF REPORT STATUS OF MULTI-FAMILY DEVELOPMENT June 20, ]990 Page 3 units on 146 uncommitted acres can be expected. This would result in a 20_64 du/ac density average on this remaining uncommitted acreage. On the other hand, if the "density bonus" (Amendment A6, Terra Vista Community Plan) is applied to raise the units total up to a maximum of 9,200, 4,233 multi-family units on the same 146 acres would result in a 28.03 du/ac density average (within the High, 24-30 du/ac range~on the remaining acreage. The Lewis Company is presently involved in a program to provide affordable housing in the plan area. With a 75 percent range for each category scenario, the build out residential unit estimate updates (based state housing estimates and on future net grgs5 acres) are a5 fO11oWS: single family - 40,696 (64 percent? multi-family - 23,376 f36 percent) This breakdown is very close to last year's 65 percent/36 percent build out estfma te. The total numbers have decreased far both housing categories due to an apparent error in double counting the submitted Tract and Design Review applications. Refer to Exhibits 7 d R, ACTION: if the City Council believes the facts presented may not he consistent with its current thinking for residentf al growth, or that additional info rma tinn is OPPAPA to herrP. n.na MP r,_,._..,.n ..l rw ....-_:-, to make such a determination, please advise staff. If the information is sufficient and further study is not warranted at this time, receive and file this report. Res 1y st d, Bra B r City P nner BB:LJH :AN/j fs Attachments: Exhibit "i" Exhibit "2" Exhibit "3" Exhibit "4" Ezhiblt "6" Exhibit "6" 19p9 Residential Oevelopment .Activity Terra Yista/Victoria Housing Mix Future Multi-Famiiy Units Terra Vista Vacant Land Map Victoria Vacant Land Map January-June, 1990 Terra Vista/Victoria Drojects Exhibit ")" - sFR/MFR Comparison Exhibit "R" - 1990 8utld Out Nousing Mix Victoria Density Summary - Lyons 9/12/89 Terra Vista Sunana11r''y .Latest Version '~ mod' '89 Residential Development Activity 25oc 2000 1500 1000 500 I 21e31 .,.. 1e 19 v2a n ... . 1 1343 ., .,,,. n858 711 575 n ~40 39 ~ total In review 1/99 submittetl In 'B9 approvetl In 'a9 total in review 7lMu cumuletl ve cumulative ~ SFR units ~ SFR acres ~ MFR units ~ MFR acres ~~~ ~.1 ~ X344 347 114 27 26 129 ,.....~~ r ~ l7'EM: I~It.SI-RAMILY t>E~CUIr! CPI7' OF ~~~ '~ UCAMONGA Tm,E:~AeTfYRY PIANI~tN!~~E~S1ON ? •;. '• +!' '\7~ EXHIHIT:'r SCALE: ,.. ,,,3~ ~CJtI ~: Terre data 'Bag~elin® Housing' Mix Low Medium Law Medium Medium 23% Medlum 2P% 33% 18d8 33% 1826 . 1dRt:: Hiph ~ ~^FtiB:'.. Hiph 18% Metllum High 24% Medium NVgh za% ze% '83 Plen '8B Plen Units Un~'w Victoria 'Proposed/Actual' Houab-g M/x Low Medium 26% 7826 Low Medium 48% 3034 910 Loa 8% 699 Low 11% Metllum 32% ~~~ High 16% 7426 1484 ~ Medium Hipn 2 Medium 18% Medium Hiph 20% ProPaeetl/Actual 'Bg '81 Pien UMts Unite CITY OF ~ UCAMONGA T~f! E~M71~f YaA1/E/ACA[M M/K PLAN1Qti~Nf~~, ,ION •.',~" ~~j EXHIBff: Z. SCALE: 7.. ;,.~;,:,.a~.,,.: FUTURE MUL•TIFAM/LY UNITS• BY COMMUIVJTY, 1/90 UPDATE ZEBRA VISTA ~ 2790 VICTORIA/ 31% I I 26% 3321 ~~a\\~\`~INF114781TY ETI WANDA" 3017 F:~!!d CL'S ;o`Jt?I 3w...^C^, 76^6.:.6u^ 6: 7u~' vi (ai~}'~o " Expect 600 less MFR unlta upon tlevelopment of 40 acres •'LM'. .~~ CITY OF ' ~UCAMONGA ~.~ uu/~ PIAN , •• lON .,. •• ~. • ~ ~ 1.~ EXE{IBTf: S SCALE: ,.:, . 'm= o~ ~g a '- ~~OI m m NUrQ F W3Z3N ~6~ Y J Y ~ aaaR ~b~~~ ~~ I ~~~~ ~~(~~U~~ ~~~ 99~f~! ~, ~'S e n z r ~ o i a a M Q ~ M J -~ r a ~ ~ U 0 ~ ~ N .~+..y. C (E- X iL Z Q J a W N I_ ~ i O I_ ~ J f ~ ~ Q U uno wr ~erno wuoanu LC~.J wr N w/. ©M w.wonw H W/. Q MmIMI LI• W//~ © n~srnpw 1M11011/. mwunau Q wcawueom. nQ www..a wune orncr/ca~w~cu. nm n.mlw •m. ~neom wn.mr.na wo nor in nn runnm mnwxm• q; OF RANCI~O. CUCAMONGA PLANNING DMSION e~~P I`N~.1!ii•Y PrSH Victoria n~ ~J No Pro~oet soC~ittoA yot Pro~oet we~fttN Htor 1.1-f0 No proper •uemut.e yr Prol•ct suCwltt•d Nr.r t-1.90 C[TY OF RANCHO.CUCAMONGA PLANNING DIVISION ~~ ITEM: MJL -FA !/L pE dlr TITLE:I//CJOt~iA rtYwNr~P~UD 1V EXHBIT:56. SCALE: Community Plan Projects 'January-June 1990 400 300 200 100-j 1 _1~__~a 0 Victoria SFR UnItS LJ MFR Units Terra Vista ® SFR Acres ® MFR Acres CCIY . OF ~ UCAMONGA. t7EM"~k1171~/MYLY 001fffM11 'I7'1LE: ~7JMf~71111f ~D 4re~M/ PLAN , , r, ION .. •Aq1 v~ ASR. •., ,.~~ iex~rr: 6 scwe: s........:, ...i, ..; ~ , . I za.s COMPA'R/SON OF SINGLE FAMILY VS MULTI- FAMILY AT CURRENT, UNDER CITY REVIEW, AND AT BUILD OUT LEVELS SHOWN WITH CUMULATIVE AMOUNTS soooo ~~~.~o °°A 40696 40000 35703 ea% 7°% 29639 26260 26953 5171 78% 78% 73% 3; ~ 35!6 200001' ~~~~ i ~ s~ 1 614 1 606 i ~ IOy 4LJ ?~% x7%' 24% 24% o =~- V69 1/90 i/89•' 1/90 1/69" i/90 CURRENT UNDER BUILD DEVELOPED REVIEW OUT• ~SiNGLE FAMILY OMULTIFAMILY • ©ulltl out Isvel assumes Oansltles et 75% o} the range. " 1/69 figures con taln Oouhle counting unit error which Infleteo totals r ~ ITEM:MIItn.+QWrcV elute ~ CITY . OF ~ UCAMONGA, TTCLE:~/a11Q [aMNtSW P~ ION ( `.~~"~.+% clG~• $XF1IBTf: 7 SCALE: :~ RANCHO CUCAMONGA HOUSING MlX Single Femlly' 40898 / ~:ay:n feiuay ~ / 6456 26593 / \ / I 78A Mul tl-Femlly 38!IS a423 J HnlJ3fy 'yU ~-- Mul tl-Femlly 23318 U f11tS Buildout Units ' includes single family unit estimate for the Sphere of Inf'TUence .,.._ f y-~'' ,. ['(EM~AAULrt.F~IKY 111~GG~Mi1' CTIY , OF UCAMONGA. ; ~ _ r ~~~ P , ~ ~ ION ,, .<~ ! ado: ,F.~uarr: a sc,+~e: L....,,:~,.:~ a,...,' 3'; . I I ryl. + I I I' ~ ~i of i oI I~ml '~ I ^ I i ~ ~ i i ~ i i i i I I i I i I i i .~ I , i I m~~ lil m i ~ i f 9i i i m i i ; ~I ~ lil m I m I I I I i I I i I I i I mFQ~~ ~ s i O I II n h I ~v II {p~y~ °mi °'Ip io °'IIm o°°ni°m ~Ie mein F W I '~ ^ ~ •+i O OI ; O I CI (a i T 1°V ~ O n i II NI i I ~~pyy 1p mm ss ~p p I IF~I' ~~10 hlm')116 Nlm P~Ib Ylli I~~I~ N t'I ~ IM1 I I I ~I ~~in - J O I I I I n i nl n ~I I I I I I I N I ryy I pp1 p 1 I I I I ; II 'II 1 III ql bbl OOI~ Oi0 Y1N 1lhJ $;° ONIMI I N II O I N IR UUUU .~ i m i° ~mN I MI b r i i rv F° i rmi i ~ i .. i .. ~lil~ryi ~ m i m M1 ~" 5~p i I li ~I 7F Xii ° a~ IIF' ~ II~ mmi n ~i I^ nNii N li m i r I IZ Ital i i I I I ' ~' I I I „ I ^ ~ .~. i i i I I i li m i i i i I ~ ~ 5~3 II ~••I: R~~~ a.° a:s~ ri~ s~~~ im ~~ .o a ~~~'i mi ~m °im ..~~ ~i~ i 10 im Im ~ ~ II i~ i ~ I I I n (~ nIO Ompmplmm b pm C~ nNn IP OJppflq Ih IO I NI OMIT NV~N ~I~ 001m ryi~ RICI IQ Iln lO II Ill~~i I 1 I ^I ^I I I 'III Oi I I I I a {~ I I p q I RI MVI bop 01N Ntill nlm °°i° IN IV IIO IN j 9 1 I N I 3m I ~ I I I „ II ~ I I I I ~ ~ I I I I I p p q I R II m~ m~ ~ii mtll b b 0 m .Rn ~~ n m i .9I O F~j ^^y44y~~~' P 9 w P w ~ P w p w O i ~ 7 '~y, ~Y i z~ ~~,`~" Y`^~r CI£M:~NkYCE!'JIECA9~k CITY OF 1~~~UCAMONGA DIVISION ITITtE:4/c~M'iF A6115n`/ SDRn4WP~ PI.AN$TfN~- EXHffilT: SCALE: a.::,, ' ,~~~ ~; =~i Terra Vista Sunmiaxy -Latest Version IIUiD USE D6IGNATIm1 non 11T1'AL ,~, ram„ •'H" TOTAL TOTAL Comity Plan 4-6 du/ac SFR 8-1{ du/ac 1h24 dWac 2d-30 du/ac ta+R SFR/(4PR Orig.Cgim. Plan '63 !6{6 1618 2623 1807 1922 6152 8000 latest Version '69 1825 1625 2700 2118 1477 6295 8320 difference -23 -23 77 ~ 511 -{{5 143 120 ~~(,~ UCAMONGA ITEM`MU~ ~~`Y LX ' CTIY OF '?°~~~^ TI'CL.E:m5PRi7 l/iS7A Suvvt~P/ PLANNi1VG~• [ON .., ~, ,a,~- EXHIBIT: SCALE: ~~,~,,: CITY OF RANCHO CUCAMONGA STAFF REPORT ~~ DATE: June 20, 1990 T0: Mayor and Members of the City Council BY: Miki Bra tt, Associate Planner SUBJECT: SPECIFIC PLAN 90-01 - CITY OF RANCHO CUCAMONGA - Pre- zoning of approximately 6,754 acres consistent with the City of Rancho Cucamonga General Plan and located generally north of Highland Avenue, south of the National Forest Boundary, east of Lhe City of Fontana, and west of Milliken Rvenue in the area known as Etiwanda North - APN: 201-011-01 and various others !see attached list). RECOMMENDATION: Staff recommends approval of the attached Resolution of _r . - - _~C.. ~.. ..n. 9 AC KGROUND/ANALYSIS: On May 2, ]990, the Council adopted an annexation strategy. As part of that strategy, staff was requested to prepare a Specific Plan for the Etiwanda North area which would be consistent with the City's General Plan. (See attached Vicinity Map.) The first step in preparation of the City's Etiwanda North Specific Plan is a Resolution of Intent to Prepare a Specific Plan. The Specific Plan will be prepared in accordance with Sections 65450-65451 of the California Government Code. On May 16, '990, Resolutions to Expand the Sphere of Influence and to Annex Territory were approved by the City Council. Since pre-zoning is a requirement of the annezation proceedings, the Specific Plan will provide pre-zoni rg for the annexation proceedings. The City's Specific Plan will build on the Etiwanda North Specific Plan prepared by the Consortium of LanAowners, with the exception that the plan as proposed by the Consortium would have required an amendment to the City's General Plan to adJust currently designated open space to residential. The City's Specific Plan will conform to the City's existing General Plan. ~, ~.: :; a~ CITY COUNCIL STAFF REPORT SPECIFIC PLAN 90-O1 - CITY OF RANCHO CUCAMONGR June 20, 1990 Page 2 The Etf wa nda North Consortium of Landowners, the University of California, and Landmark Land Company are major property owners in the Etiwanda North area. To achieve annexation of the Etiwanda North area requires the consent of the majority of property owners who hold the majority of the assessed valuations of the land being considered. Toward the goal of annexation, staff wilt continue to work with all key landowners. tir 3 ~', The County Flood Control District is also a major landowner in the area. Staff is working with the County Fiood Control District on future ucrc of F1 and Cnntrnl District oro oerty, Portions of the Specific Plan area have already been annexed into the City. There will be no change in the zoning for previously annexed territory. They are included to provide design consfstency in the Specific Plan area. An EIR is being prepared for the Etiwanda North Specific Plan and Annexation. The draft EIR is scheduled to circulate on July 1, 1990. (See attached schedule.) CONCLUSION: The Resolution of Intent to Prepare a Speti fic Plan for the Etiwanda North area fs attached for your consideration. Res Dbct'f~lly submit#d, Bra Bul City D ner BB:MB{jfs Attachments: Exhibit "R" - Vicinity Map Assessors Parcel Map Numbers Schedule far Etiwanda North Specific Plan and EIR Processing Resolution of Intent to Prepare a Speti fic Plan a``a ~,, a.~ ~: ~~;-: ~;- LEGEND """""' SPECffIC PLAN 90-01 ETIWANDA NORTH ~> 6754 AC SPHERE OF INFLUENCE i~ e~.,:', "~~, ,.t CITY OF RAPIC , .Ox; UCAMONGA ITEM: SPECIFIC PLAN 90.01 Tl'11.E: VICIIVITY MAP N PLAN DIVISION EXHB3fC: "A" SCALE: NONE ',:: ~~: ~.: ASSESSOR'S PARCEL MAP NUN .S - ETIWANDA NOR TH SPECIFIC PLAN 90-Ot 201-011-1 225-071-11 225-084-2 225-161-70 225-011-1 225-071-12 225-084-3 226-041-13 225-Oll-2 225-071-13 225-084-4 226-041-14 225-011-4 225-071-14 225-084-5 226-161-3 225-031-3 225-071-15 225-084-6 226-161-7 225-031-u 225-071-16 225-084-7 226-061-51 225-041-i 225-071-20 225-084-d 226-061-55 225-041-5 225-071-27 225-084-9 226-061-45 225-041-6 225-071-32 225-091-1 226-061-54 225-051-4 225-071-37 225-091-2 226-061-47 225-051-18 225-071-38 225-092-1 226-061-20 225 X051-17 225-071-43 225-101-30 226-061-26 225-051-27 225-071-47 225-101-31 226-061-16 225-051-29 225-071-48 225-101-32 226-061-46 225-051-30 225-071-50 225-101-34 226-061-50 225-05. Z8 225-071-51 2Zh-lUtvb tto-uoi-»s 225-051-7 225-071-53 225-101-40 226-061-48 225-CS_-15 225-071-57 225-101-41 226-061-33 225-051-24 225-071-58 225-101-42 226-061-27 225-051-25 225-071-59 225-101-41 226-061-28 225-051-26 225-071-60 225-101-44 226-C61-57 225-051-19 225-071-G1 225-101-45 226-061-56 225-051-20 225-071-62 225-152-1 226-061-61 225-051-10 225-152-2 226-O61-G2 225-051-31 225-152-3 226-061-67 225-051-32 225-071-66 225-152-4 226-082-8 225-051-33 225-071-67 225-152-6 226-082-16 225-051-34 225-001-8 225-152-7 226-082-17 225-061-2 225-081-9 225-152-8 226-082-19 225-061-5 225-OB1-11 225-152-9 226-082-20 _,=~-1~ 225-061-9 225-081-14 225-152-11 226-082-27 225-061-10 225-081-15 225-152-15 226-082-24 225-061-11 225^081-16 225-152-16 226-082-25 225-061-15 225-082-3 225-152-17 226-082-26 225-061-16 225-082-4 225-152-18 226-082-27 225-061-17 225-082-5 225-152-20 226-082-30 225-C61-18 225-087-1 225-152-21 226-081-5 225-061-19 225^083-5 225-161-1 226-081-6 225-061-20 225^083-6 225-161-2 226-081-7 225-061-21 225-083-7 225-161-11 226-081-8 225-OG1-22 225-083-10 225-161-12 226-081-9 225-OG1-23 225-087-12 225-161-17 226-081-10 225-07: 24 225-083-13 225-161-16 226-081-ll 225-071-1 225°083°14 225-161-18 226-081°12 225-071-2 225-083-15 225-161-41 226-081-13 225-071-3 225-083-1G 225-161-42 226-081-14 225-071-4 225-087-20 225-161-45 224-081-15 225-071-5 225-083-21 225-161-50 226-081-16 225-071-6 225-083-22 225-161-62 226-081-28 225-071-7 225-083-27 225-161-69 226-081-29 225-071-8 225-083-24 225-161-66 226-082-OB 229-071-9 225-083-25 225-161-67 £2b-U82-21 229-071-10 225-083-26 225-161-68 ~,3~o PAGE 1/2 ASSESSORS PARC0. MIIP NUMBERS PREY IOUSLT MNEXED TERRITORY F' ~' Xl k~. ~. 225-011-65 and 64 225_082-01 225-151-01, 02, 03, 04, and ]8 225-t Ft _oe +~ ~ oo, w>, ~s, ~5, and O1 226-082-16, 24, 25, 26, and 27 ~7 PAQE 2/2 ~5 :'s .~ ' `. ~;~,~. ~~,~ SCHEDULE FOR ETINANDA SPECIFIC PLAN AND EIR PROCESSING June 6, 1990 ~;. 1990 June 8 June 15 June 20 June 22 June 29 July 6 July 20 August 6 August 20 August 21 September 7 September 21 October 5 October 24 November 14 December 5 City staff delivers CS ty Traffic Study and Project Alternatives description to MBA; MBA completes revisions of Resource Management Plan. MBA delivers 2nd Sc reent heck DEIR. City Council Re so lotion of Intent to Prepare apec~ric rian. Staff review complete. MBR delivers DEIR to City for circulation. DEIR delivered to OPR: 45 day review. City draft Specific Plan begins , circulation. Community workshop !3 (City Council and Planning Commis ton Sub-Committees to De invited to participate). ~ RPfPiVP rfl~MIP n~C • Discuss Specific Plan Alternatives. ~ DEIR Specific Plan Revisions Made. DEIR d5 day review period ends. MBA delivers Screen Check FEIR including a draft mitigation monitoring plan: Droject phasing plan to be completed and incorporated into the mitigation monfto ring plan. City staff Comment on FEIR to MBA. MBA delivers FEIR to City. Planning Commission PuD1ic Nearing • EIR • Specific Plan Planning Commission Nearing/Decision C~itgy ^yCouncil Hearing/Decision d+Ja ,. ,{ ASSUMPTIONS ?. City Specific Plan first draft will he skeleton draft referencing General Plan and Development Code. 2. Negotiations will continue with specific individual landowners and with the Consortium of Etiwanda North Landowners which may result in the following applications: * General Plan Amendments application, as welt as Etiwanda Specific Plan Amendments, if required. * Development Agreement(s) request may be submitted. 3. Negotiations will continue with County Flood Control District which may result in the following actions: * General Plan Amendment Request. * Development Agreement Request. 4 City staff will review and comment on applications for development within the Sphere which are submitted to the County on the basis of consistency with the City General Plan and Development Code. This activity may adversely affect the City's schedule, since staff resources will be diverted to review and comment On proJec is 6e ing processed in the County. ..,.,..,ty +encw ~c fv. wTy 1c.~J.. ui yruJe~" ,ev iew i! a! iuiiUMS: * Etiwanda North Specific Plan, Consortium of Etiwanda North Landowners: applica tfon incomplete; requires EIR; Planning Commission Near togs expected between March and June, 1991. No tract maps will be accepted until plan is approved. * University/Crest, Caryn Co.: Revision to Plan requested; Scheduled for July DRC; FEIR has been completed except for "minor" revisions; August 23, 1990 Planning Commission; September 10, 1990 Board of Supervisors. * Oak Summit, Landmark Land Co .: Application incomplete: requires ~I~t Planning Commission hearings expecte4 about February, 1991. fi c y ~ 11 j2 Q '.'_!'°. RESOLUTION N0. LJA' y~i~S A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF INTENT TO PREPARE A SP'cC If IC PLAN FOR APPRO%IMATELY 6,754 ACRES CONSISTENT WITH THE CITY OF RANCHO CUCAMONGA GENERAL PLAN AND LOCATED GENERALLY NORTH OF HIGHLAND AVENUE, SOUTH OF THE NATIONAL FOREST BOUNDARY, EAST OF THE CITY OF FONTANA, ANO WEST OF MIL LIKEN AVENUE IN THE AREA KNCWN AS ETIWANDA NORTH. A. Recitals ,:, . T'~u iy u. uanuim ~u..ar~auyo in icnuaw yr epa re aped t7c rldn 90-O1 as desc ribed yin the title of this Resolution and identified on Exhibit "A" attached hereto and by reference incorporated herein. Hereinafter in this Resolution, the subject Specific Plan is referred to as "the plan." (ii! On May 2, ]990, the Council adopted an annexation strategy which includes preparation of the plan. !iii) On May 16, 1990, the Council approved Resolutions of Intent to Expand the Sphere of Influence and Intent to Annex Territory to the City of Rancho Cucamonga. (iv) The aforementioned Resolutions require the pre-zoning of the area identified in this Resolution. (.i rre-zom ng wlll be provided by the plan. Zvi) The plan will be consistent with the Rancho Cucamonga Generai Plan. (vii? The plan will be prepared in accordance with Sections 65450-65457 of the California Government Code. B. Resolution. NON, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: i. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and corrpr, t„ 2, This Council directs staff to prepare a Specific Plan for the area described in this Resolution and identified fn Exhibit "A"; and further directs that the plan shall be consistent with the Rancho Cucamonga General Plan. a~© ~~ ~~;~u i =_=~ GROVE AV n O CARNE LIA AV ~ ~ _ r Z VI Ntt Itu nr _ N C I Z c~ NELLVAN AV _ ~~ I -~ aK ARON IBALO AV z p HfA40AA AV e ~~ I Y a al ~ HAVEN AY - e a -. r z _ -az - ~ c- G mYILIINEX : AV '-3 O ~~~f~ I^ o IA Zp If I zoo ~ ROCNES tfR AV cn a~C m n ~ o C~ /~S c I Cn Cpl LiIbANBA AV ~z -~~ a EA 51 AV c"] ~l ^~ © ~~ I 1 ~YY ~/ I lO,l N e y~• "~ Y a r~ 1 _' -~ _ CROVE AV CA AN FL IA AV - r .,~~.,F~ ~~ _ _ n XEIL YAN AV a~ AACN (BALD AV z _ p NCRYOSA AY O,~ nrn NAVCN AV az - 'TJ~C"9 E TYIIl INEN o AV O 2 t zz I~ ~ ~o~ ~ RO X Sr EA AV a c n~ pa c %. Zp ErI NAHDA AV '~z K~ a fASr Av ,, a_ ©_ ~ ~°~ iU~il I 11 t_ A - N M:~ ~:. ~~ ~y' LOT ~ I RESOLUTION NUMBFA: ITEM: ETRVANDA NORTH SPECIFIC PLAN TfCLE: PROJECT AREA N EXHBIT; "A" SCALE: NONE - CITY OF RANCHO CUCAMONCA STAFF REPORT ~' qC`: DATE: June 20, 1990 TO; Mayor, Members o(City Councll & Clty Manager FROM: Jerry B. Fulwood. Depury Ctry Manager BY: Honnlc Cabrlnha, Special Dlstrlets Supervisor SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) IN THE AMOUNT OF aver m m ; , ;.^ob Staff recommends that Ctty CouneB maintain the currant special tax of $350.00 per acre by approving the attached Resolution estabifehfng the annual special tax for Community Facilities Dtstrlet No. 84.1 (Day Creek Drainage System) N the artwunt o(>8350.00 per acre. In 1984 an election was held and the propeAy owners within the boundary of Commumty Facilities Dtstrtct No. 84-1 authorlud the dlstrtct to Incur bonded mdebtedness m the prtnclpal amount of $20,225,000. Banda were Issued m August of 1985 m Chc amount of $18,000,000 to fmance the rnnstructfon of the Day Creek Channel. In 1988 the area between Milliken and Rochester and Highland and the northerly C1ty limits was annexed Into the dlsfrirf Construction began on Phase t during 8scai yeaz 1987/88. Phase II consttvction Is cumntty bextg completed. The maximum rata Cor the special tax was se[ at $550.00 per acre when the distrtet was (omted. However, since 1985/86 fhe rate has remained at ffi350.00 per acre with addltlonal funding being contnbuted by the Redevelopment Agency. The current rate of $350.00 per acre continues to be sutticient for the District to meet Its tinanclal obhgatlons for Flseal Year 1990/91. spec 11Y su mitt , i Jem H. Fulwood DCpuiy Ctty MauagCl JBF:JmC Attachments: Resolution Yeazty Status Report RE90LUTION NO. 9o'p~6 (p A RFSOLUTTON OF TI-~ CriY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. ESTABLISHING ANNUAL SPECLII. TAX FOR COMMUNCiY FACILCI'fES DISTRICT 84-I WHEREAS, the Ctty Councfl of the City of Rancho Cucamonga. California. Ihereinatter referred to as the "legislature body of the local Agency'9, has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualtfted electors relating to the levy of a special tax In a Community Facilities District, all as authorized pursuant to the terms and pmvlstons of the "Mello Roos Community Fac9ltles Act of 1982", bung Chapter 2.5. Part 1, Divtslon 2, TYtle 5 of the Government Code for the State of Calaomia. This Community Facilltles District shall herenaRer be referred to as COMMUN3IY FACILCnES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "Dlstnet" i; and WHEREAS, a[ this time. bonds have been aulhorV.ed for purposes of financing the project facilities (or said DlsMCh and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 0( the Government Code of the State of Callfornfa, has authorized the levy of a special taz to pay for costs and expenses related to said Community Faciltes Dlstnct, and this legislaWe body is desirous to establish the specl0c rate of the special tax [c be wllected for the next fiscal year. NOW THEREFORE, (CIS HEREBY RESOLVED AS FOLLOWS: SECTION t; That the above recitals are all true and coma. SECTION 2: That the specdfc rate and amount of the special tax to be collected ro pay for the costs and expenses for the neM fiscal year 11990-91) for the referenced dlsMCt is hereby W uuu..u am wwuuo..w uu e,.: f~ u.... u.,. ...-...~::'~..°(~`° a,1 e~A In_-- m1oA FvFlhlf ..A" SECTION a• That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this leglslaUve body, and is not In excess of that as previously approved by the qualified eleMOrs of the DlstHCt. SECTION 4: That the proceeds of the special tax shall be used to pay, 1n whole or to part, the costs o[ the following, fn the following order of pnoNty: A. Payrnent o[ principal o[ and interest on any outstanding authorized bonded indebtedness; B. Necessary repleNShment o(bond reserve funds or other reserve funds; C. Payment o[ costs and expenses of authorized public Cacilltles and public services. D. Repayment of advances and loans, d appropriate. The proceeds of the spectal taxes shall be used as set forth above, and shall not be used for any other purpose. SECITON 5: The spectal tax shall be collected In the same manner as ordinary ad valorem property taxes arc collected, and shall be subject to the same penaltlea end same procedure and sale in cases of any delinquency (or ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable admWStratWe costs incurred m collecting arty said spectal tax, a~3 CITY COUNCIL RESOLITf1ON COMMT7N11Y FACILITU:s DIBTRICT 84-1 June 20, 1990 Page 2 SEC77ON 6: All monies abwc collected shall be paid Into the Community Faclhttcs Dfstrlct funds, fncludirig airy bond fund and reserve fund. sECT1ON 7: The AudHOr of the County 1s hereby directed to enter m the neM crounty assessment roll on which taus wW become due, opposite each iot or parcel oC land effected fn a space marked "public Improvements, special tax", or by any other sortable designation, the !.^sta!*_n_nt e(th! an.rlpl tax, anA (nr the exact rate and amount o(said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shalt then, at the close oC the tax collection period. promptly render to this Agency a detailed report showing the amount and/or amounts of such snerial tax Instalimmts. Interest. nenaltles anA rmmenta¢es so collected and from what property collected, and also provide a statement of arty perttntages retained for the expense of making any such collection. ~.1,~ ~~ ~, . CITY OF RANCHO CUCAMONGA COMMUNf1Y FACILl'I7ES DISTRICT NO. 84-1 (DAY CREEE DRAINAGE SYSTEM) EXFIIBIT "A'• The Community Facllltfes Distnet has been divided Into two zones; 1. ZONE "A'": General azeas to be Bernd by the drainage faculties, exclusive of Zone „B„ 2. 7ANE'T1": A luntted area, being oNV partfalty served by drainage faclh0es. Zone 'B": consists of those properties bounded on the south by FOOTHILL BOULEVARD, on the East by ROCHESTER AVENUE, on the North by BASELINE ROAD, and on the West by the prolongation of MILLIEEN AVENUE. -. ... r....n. I.w of thn special [ax for the msoeettve zones. beln¢ Zone tide rare, uwu.wi 3II.'. ~0....::... "A" and zone "B", 1s as follows, based upon an estimated bond amount of $18,000,000 payable over a period of twenty (201 years. ZONE"A": $350.00 PER ACRE. ZONE'B": $350.00 PERACRE FOR 190 ACRES. For the purpose of de(ming ibe maxanum special Tax, "ACRE" shau mean acres contained m the area of the parcel as determined using the acres as shown on the latest San Bemardlno County Assessor's maps. S k,. r~, xl( .~:., ~'%,: .1 (f g. ~x,, ,.. __ ~.. CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 84-1 DAY-ETIWANDA DRAINAGE SYSTEM YEARLY STATUS REPORT JUNE 1990 r_< On June 26, 1984, the electors within the boundaries of Community Facilities District No. 84-1 authorized the District to incur bonded indebtedness in the principal amount of $20,225,000. In August 1985 bonds in the amount of ffi18,000,000 were issued [o finance the construction and installation of public capital drainage facilities to serve and provide drainage protection to property located within Community Faciities District No. 84-1. In March of 1986 the area between Milliken and Rochester and Highland and the northerly City limits was annexed into the District as Annexation No. 86-1. The annual special tax rate for 1985/86, 1986/87, 1987/88, 1988/89 and 1989/90 was set by City Council at $350.00 per acre. Under the Loan and Pledge Agreement the Redevelopment Agency has contributed each year sufficient funds combined with the special tax meeting the annual debt service. During fiscal yeaz 1987/88 construction of Phase [improvement began and was completed in 1988/89. The construction contract is administered by the County of San Bernardino. Construction contract payments to date total $12, 388, 512. Vnonw• ev we 1fIM/Dl The current rate of $350.00 per acre for fiscal year 1990/91 along with the Redevelopment Agency contribution of $642,284 will provide sufficient funding to pay debt service in the amount of $2,032,000. - ~~ COMMi1NITY FACIIdTIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE $2,032,000 ADMINISTRATION $ 14,624 DELINgUENI' ASSESu``Mr:N1S m 32.3&:i $2,079,009 INTEREST REVENUE $ 158,000 SPECIAL TAX $1, 278, 725 REDEVELOPMENT AGENCY $ 642.284 $2, 079, 009 $380 PER ACRE ,m x t: ~~ Gx L~, . y' - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 TO: Mayor, Members of City CouncU & City Manager FROM: Jerry B. Fulwoud, Deputy C(ly btanager SUBJECT: APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FP DISTRICT NO. 88-2 StafY' recommends that City Councll approve the attached Resolution establishing the annual specie] tax for Comxnuxdty Facflltles Dlstnct No. 88-2 1n [he following amounts. Special Tax A -Drainage Facihnes Resldm0al Class 1 (3590+ S.F.) $944 Residm0al Class R 13077.3589 S.F.) $b'99 Residential Class III (2564-3076 S.F.) $524 Residmtial Class N i23Q4-2563 S.F.) $420 Residential Class V (2051-2307 S.FJ $349 Residential Class V[ (Less than 2051 S.F.1 $245 Undeveloped Properly $456/acre Special Tax B -Police Protecion Services Reslden0al Class 1 (3590 + S.F) $113.28 Restdentlal Class fI (3077-3587 S.F.) $ 50.65 Residential Class Iii (2564-3076 S.F.I $ 50.40 Residential Class N (2308-2563 S.F.) $ 40.32 Residential Class V {2051 :307 S.F.; $33.60 Residential Class VI fLess than 2051 S.F.) $ 23.52 On June 21. 1989. City Counefl approved the [ormatlon of Community FacWtles Dlslrict No. 88- 2 for Draniage Capital FaMllties and Law Enforcement services and authorized the annual levy of special ta;:es to finance only the drafaagc facihtles and polfce ope: anans and rzxalntenanee costs. The special tax being leveed annually [or the drainage (acWttes are to apectal Tax A -Drainage Facdltles. These taxes when collected well be used to lower the bond indebtedness whm bonds art Issued. The levy of apectal taxes annually for the pollee protection servkes art hated m Special Tax B - Polu:e Protection services. These taxes wN be uxd to cover the services provided by the police In this area. Staff Is not recommending any increase m the tax rate for Fiscal Year 1890/81. cm coulvca srAFF REPORT CP.D, 88-2 June 20, 1990 Page 2 f~~'' ~::. Staff has determined that the special tax rate listed is suRicient to meet the ttnancla] obltgatlon for Fiscal Year 1990/91. Re etfully submitted, [ry B. Fu wood eputy City Manager JBF:JmC Attachment: Resolution C.F.D. 88-2 Exhibit "A" a.s~ ttE60LLT170N N0, qo - e>~ O A RESOLUTfON OF THE CITY COUNCQ.OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 WHEREAS, the City Couned of the City of Rancho Cucamonga, California. (hereinaRer referred to as the "legislative body of the local Agency'(, has unttated proceedings, held a public hear+.ng, c^^ducted an elertion and received a favorable cote from the qualified electors relating to the levy o(a special tax in a Community Faclllties Distrtet, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Faclllties Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code (or the State of Calfornia. This Community FacWties DlsUict shag hereinafter be refernd to as COMM[INITY FACILITIES DISTRICT NO. 88-2 (Flood Control and Law Enforcement) (hereinafter referred to as [he "Dlstrtet"1; and WHEREAS, at this time, bonds have been authorized for purposes of financing the pro)ect fac111tles Cor said District; and WHEREAS, this legislative body. by Ordnance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay (or costs and expenses related to said Community Facihtles Dlstrtct, and this legislative body Is dextrous to establish the specific rate of the specal tax to be m0ecied (or the next iLscal year. NOW THEREFORE, R' IS HEREBY RESOWED AS FOLLOWS: 1C4 u14y i, iLdl. ]lie duuve meiiau eIC Wi lout W~U w~.ca.i. SEC770N 2: That the specific rate and amount of the spectal tax to be rnllected to pay for the costs and expenses Cor the next Fiscal Year 1990/91 for the referenced district is hereby determined and established as set forth in the attached, referenced and Incorporated Exhibit .,A.. S .~ That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and Is not n excess of that as preWOUSIy approved by the qualified electors of the Dlstrkt. SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of pnonly: A. Payment of principal of and interest on any outstanding authorized bonded Indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public (ac111Ues and public services. D. Repayment of advances and ]Dana. d appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. ~~ Cf1Y COUNCb RESOLVf7ON COMMUNITY FACI[ATIES DISTRICT 88-2 June 20, 1990 Page 2 t ~; ~:,. SE(,TION 5: The special tax shall be colleMed m the same manner as ordinary ad valorem properly taxes are collected, and shall be subjeM to the same penalties and same procedure and sale 1n cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby avthorfzed to deduct re»swnable admfuisl raf ive costs incurred In cnllecOng any said special tax SECTION 6: All monies above collected shall be paid Into the Community Facilities District funds, including arty bond fund and reserve fund. oCl, liuN I: 1'nc Audlmr of the County is hereby directed to enter m [ne next county assessment mil on which taxes wN become due, opposite each lot or paroel of land effected m a space mazked "public lmpravements, special tax", or by arty other suitable deslgtratlon, the Installment of the special tax, end for the exact rate and amount of said tax, inference is made to the attached Exhibit "A". ~ECT[ON 8: The Covnty Auditor shall then, at the close of the tax rnhectlon period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and pererntages so collected and from what property collected, and also provide a statement of arty peranlages retained for the expense ~ making arty such collectlon. .~5~ C1TF OF RANCHO CUCAMONGA COlICMUNITY FAC1LTl'IBB DISTRICT NO. 88.2 EItHIR1T "A' The Resolution establishing the annual special tax refers to thLS 6chibit (or an explanatlon of the rate and method of apportionment of the Special Taus Cor Fiscal Year 1990/9 i. BPECIAI. TAE ",T' - PIIHLIC FACHdTIE9 PROPERTY CATFXIORiEB Thrrr err twn ratranries nt oronerty subiect to the leW of Special Tax "A", which are identified as follows: 1. DEVELOPED PROPERTY All property IdentNed as a single Tax Assessors's parcel for which property a building permit has been Issued as of May 31 of any year. 2. UNDEVELOPED PROPERTY All other property, excluding property which, as of the date of the electlon to authorlu the levy of SpeMa11`ax "A;, fs: (f) owned by a public entity; (W owned by a regulated public utWty and being utilized for transmission or dlstrlbutbn purposes; or (W) caned as open space. TAEDVO CI.l1881FICATIONB AND BPBCFAL TAE "A" RATER The taxing classiflcatlons for the above Property Categories and the authorlud Special Taz "A" rates for Fiscal Year 1990/91 are as follows: Ta_+dne Claesincatlon Tax Rate t. DEVELOPED PROPERTY A. Resldentlal Class 1 $944 per year (More than 3.590 square feet of dwelling unit living area) B. Residential ll $599 per year (3.077-3,559 square feet of dwelling umt llving area) ' C. ResldenUal ill $524 par yroaz (2,564-3,076 square ket of dwelling unit ]1v1ng area) D. ResldenUal Class N $420 per year (2,308-2,563 square feet of dwelWtg unit living azea) :~{: ~ss Ta*~¢ C1assL9catlon E. Residential Class V (2,051-2,307 square feet of dwelling unit Lying area) F. Residential Class VI (Less than 2,051 square Ceet of dwelling umt hvmB area) Ci Commercial or industrial propert}' 2. UNDEVELOPED PROPERTY Hll UnU<~dopetl rtvpeuy Tax Rate $349 per year $245 per year $2,030 per acre prr year •• P.,e~., n ~.•• • The square footage of dwelling unit living area shall mean the square footage of internal living space. exclusive of garages and other structures no[ used as living space, as shown on the budding permitls) Issued Cor the dwelling uNt. '• The acreage of a commercial or industrtal property shall mean the gross acreage exclusive of arty acreage dedicated or otiered for dedkatlon to a public agency. ••• The acreage of en Undeveloped Property shall be the gross acreage exelusfve of any acreage dedicated or odered for dedication to a publik agency. LsE'1'H0D OF APP0RTI01~MEMf Or SPECIAL TALC "A' Special Tax "A" shall be levied annually on all taxable property within one of the above me[rUllea YmpCrly l.are6'W lea au IUrrt( as opcciel Taw "i~' w~wmca a.c .. ~ww•) io puy authorized expenses of the Community FeCflltlcs District related to the financing of authorized publtc facilities, which may Include, without limttatton, payment o[ debt service on any bonded Indebtedness of the Community Facdities Dismct; replenishment of any required reserve Cund for any such bonded indebtedness; funding of any required suddng fund necessary to pay for future public taclltttes or debt service: or direct payment for public facdftles (CFD Expenses"). The annual lery of Special Tax "A" shall be apportioned as follows: STEP 1: The Commumty Facdhies DlsMet shall estimate [he amount of CFD Expenses which must be paid for from Special Tax "A" revenues collected during the FLSCaI Year Cor which the Special Tax "A" levy Is to be established (the "Required Special Tax "A' Revenue'1. STEP 2: That equal percentage of the Special Tax "A" rate, not to exceed 9196 0[ the wsxlrnum authorized Speelal Tax "A" rate, applicable to all Developed Property Taxing Classdications necessary to generate Special Tax "A" revenue In the Fiscal Year of the lery equal to the Required Special Tax "A" Revenue Cor such Fiscal Yeaz shall be levied on all Developed Property. STEP 3: IC additional 9peclal Taz "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that pementage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property. STEP 4: IC additfonal Special Tax "A" revenues arc still necessary to generate the Required Spectal Tax "A" Revenue, that equal percentage of the maximum authorized Specia] Taz "A" rate applicable to all Developed Property Taxing Classiflcatlons necessary to generate such addJtionat Special Tax "A" revenue shall be levied on all Developed Property. STEP 5: If additfonal Special Tax "A" revenues are soil necessary to generate the Required Special Tax "A" Revenue, the Community Fac9lties DlsMet shall: A. Compare (1) the Spectal Tax "A" rate which would he levied on each Developed Property combs^i^g STEP 2 and 51'EP 4 above with (HI the product resulting from multiptying the square footage of the Developed Property times the Base Maximum Spectal Tax "A'". The Base Maxtrnum Special Tax "A" means an amount equal to ffi0.054 per square toot of the lot or parcel. B. I( the product desertbed in 161 above uceeds the Spectal Tax "A" rate descrtbed in (i) above for any Developed Property, the Commum[y FaeWtles Distrtet shall increase the Spectal Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product deacrtbed In UO above necessary to generate the additfonal Spectal Tax "A" menues to equal the Requtred Special Tax "A" Revenues. SPECIAL. TAR "H" - ADD1T10NAL POWCE SERVICES All Dweloped Property shall be subJect to the lery of Spectal Tax "H". The authorized Spectal Tax "B" rates Cor Fiscal Year 1990-1991 are as fogows: Taxing lean n anon THTt.Bate 1. DEVELOPED PROPERTY A. Residential Class I $113.28 per year IMOre than 3,590 square feet of dweThng unit living areal ' B. Restdential Class II $50.65 per year (3,077-3.589 square Ceet of dwelling unit being area) C. Residentfal Class III $50.40 per yeaz (2,564-3,076 square feet of dwelling umt living areal • D. Residentfal Class N $40,32 per year (2,308-2,563 square feet of dwelling unII Ilvinq area) E. Residential Class V $33.60 per year (2,051-2.307 square feet of dwelling unit being area) F, Residential Class VI 623.52 per year (I.esa than 2,057 square feet of dwelling umt Ilvtng area) G. Commercial or indusMal property $1,000 per acre per year •• '., '.;<~. CITY OF RANCHO MELLO-R008 COMMUNITY FACII.Tfi@S DISTRICT NO.88-2 DRAINAGE CAPITAL FACH.TfIEB AND LAW ENFORCEMENT SERVICES YEARLY STATUS REPORT JUNE 1990 ~{,y.,: "a i On June 21, 1989, City Council approved the formation of Community Facilities District No. 88-2 for Drainage Capital Facilities and Law Enforcement Services and authorized the annual levy of special takes to finance only the drainage facillt[es and police operafions and maintenance costs. The annual tax rate is determined by the squaze footage of the dwelling unit that excludes all garages and other structures not used for living purposes. Community Fac111ties District No. 88-2 Proposed Uses end Sources of Funds Bond Reduction/Police $227,364 Flood $215,761 Police $11,131 Administration $ 1,924 Delbiquent Assessments $ 1,149 Bond Issue Costs $ 20.927 $251,364 Interest Revenue $ 24,000 Special Tax $227.364 $'L51,364 a":;, ., , CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 T0: City Council and City Manager FROM: Russell H. Maguire, City En9lneer BY: Steve M. Gilliland, Public Norks Inspetto SUBJECT: Approval of Improvement Agreement Extension for Tract 12902, located on the southwest corner of Hermosa Avenue and AlmonO Jtreet, sUamlLteO Dy Neralt wOOes ll. RECOMENDATION It 1s recommended that the City Council adopt the attached resolution, accepting the sub,~ect agreement extension and security and authorizing the Mayor and City Cierk to sign Bald agreement. It is also recommended that Council continue to direct staff to grant no additional occupancies until all public improvements are 100% complete and accepted by City Council. Additionally, it is further recommended that this extension is to be the last extension, and to direct the City Attorney to notify Nordic Development thet legal proceedings against the bonds will begin 1f a significant amount of work i~ not n w 1nM u1 MIn ~C A..•n ... ..y^..~.. .. rte... ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 12902 were approved by the Ctty CouncTi on February 4, 1980, 1n the following amounts. Faithful Performance Bond: (310,000.00 Labor and Material Bond: (155,000.00 A'. tM1' ?~ The developer, Nordic Noods II, is reRuesting approval of a 90-day extension on said Improvement agreenN'nt. Copies of the Improvement Agreement Extension are available in the City Cterk's Office. Respectf submitted, r :ly Att nts RESOLUTION N0. qo.~ ~pq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROY[NG INPROYEMENT AGREEMENT EXTENSION AND IMPROYEIENT SECURITY FOR TRACT 12902 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on June 20, 1990, by Nordic Noods II es developer, far the improvement of public right-of-May adjacent to the real property specifically described therein, and generally located at the southwest corner of Hermosa Avenue and Almond Street; and MBLiIGFS like ir+s Lei ieLiuk ui Sw.u i '~:; r/tiA In ulA Improvement Agreement and sublett to the tents ythereof, is to be done in con,{unction with the development of said Tract 12902; 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 Ctty Council of the City of Rancho Cucamonga; California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the sane are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Cierk to attest theroto. `_ ~S9 ~„ ,~~.. A,;,> ; . Y5` >; `¢ :~ -,~. ~: ,R .~. L_ __I .. CI7Y OF RANCHO CUCAMONGA .. ~.r«t anr. m. ~, R.xnn ar.m.~g,, cahmmn vtrn. ppI ww.Inv 1,~-q' NORDIC DEVELOPMENT `~' :~~~ s: sy:~ ', Tract 12902 - incomplete street improvement items reference drawing no. 1232 1. Install 8" AC berm along north side of Almond (sheet 4). 2. Construct interceptor drain per Standard 815 -north side Almond (sheet 4). 3. Construct curb cut-off wall per San Bernardino County Road Standard 127 - south side Almond (sheet 4). 4. Install street name signs not already in place per Standard 401 and 402. 5. Install 30" stop sign. Paint stop bar and legend at all streets connecting to Hermosa including Almond. 6. Construct coaniunity trail pvc fence per Standard 1002 (sheet 4) -south side Almond. 7. Construct Dlock wail per Standard 811 (sheet 4) -south side Almond. q 8. Grade both sides Almond per typical section sheet 4. 9. Install street tights on Almond. 10. Resolve spandrel issue for northwest corner Almond and Hermosa. 11. Complete comminlty trail along west side of pro,)ect. 12. Remove remaining RCP pipe. 13. Complete concrete removal and replacement on all streets. 14. Complete paving. ntaw. Dennis L. Slwt Cr.rilwr"Mn Willem 1. Akeertdet Charke 1. Buyuvt II Cn. M.mrn Deborah N. Grown ~~~ Pamde 1• Wrq{h1 lxk Lem, AICP w'. `' Y NORDIC DEVELOPMENT COMPANY May 30, 1990 Steve M. Gilliland Public Works inspector City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Re: Trac uea[ mc. Gilliland: Nordic Woods II, Ltd. is hereby requesting an extension of time in which to complete the remaining off-site improvements. The remaining Stems consist primarily of punch list Items that need to be completed. Ninety (90) days will be more than enough. If you have any questions, do not hesitate to contact me. , Very truly yours, NORDIC WOODS ZI, LTD., A California Limited Partnership By: Nordic Development Company, Its General Partner Harri J. Keta, Secretary HJK:dll ,....: iR r RS1 _:. ~` M4_ ~l~ A. .OC11w. KM WR~W CLAMMONT. G 91711 nw wo»o ~~/ i}? y'~ S ~~A~ #: °n~x _!)'3Y3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 20, 1990 TO: Mayor and Members of the City Council FROM: Duane A. Baker, Senior Administrative Assistant SUBJECT: PROJECT MARA6SlOTRT POR 800 MHS SACiBOWE 8YBT6M Recommendation Staff recommends that the City Council authorize the City to participate with other members of the West End Communications Authority by retaining the services of a project manager to oversee the acquisition and installation of the 800 MHz backbone communications system. As a member of the West End Communications Authority, the City of Rancho Cucamonga is a part of the modernization of the public safety and general government communications in the west end. The ha rkh~na evatama which makaa this rommuntcations modernization possible is technically sophisticated and complex. The member agencies of the authority have determined that the best way to insure that the interest of the member agencies of the authority are met is to retain an independent expert to oversee the acquisition and installation of the backbone system equipment. If authorized to do so, the City will share the cost of the project manager with the other members of the authority. our share of the project management costa is expected to be approximately $12,000 but not to exceed $13,000. Funds for the project manager will come from the financing mechanism proposed for our portion of the backbone equipment. Respectful//ly submitted, ~G~~~ Duane A. Baker Senior Administrative Assistant DAB/tlr DAB:274 ?~ ~., nimal nD D AAII~ V/1 nTTI~ A VAAT/! A STAFF REPORT DATE: June 20, 1990 TQ Mayor and Members of the Ci ouncil FROM: Jack Lam, AICP, City Manager , ~~~V` y. n X [~~' ~ A ~~ 6 lsn The City has received a request to contribute $1,000 towards the preparation of a landscaping master plan for the 1-10 corridor from Montclair to Yucaipa. This request is part of a regional approach which is being used to improve the image and aesthetic quality of our region through freeway corridor beautification. The $1,000 is for the landscape study only and is not part of a Joint Powers Agreement being established to levy assessments to pay for cottidor improvements. To date, the landscape study has been supported by SANBAG, Rialto, Fontana, Ontario, Montclair, San D....n..l:..n D.A1nnAn nnA !`nlrn.. The question of the Corridor Beautification Authority JPA requires further analysis by the City before a recommendation can be made. Staff recommends that discussion of the 7PA issue be defered until a later date and that only discussion of participating in the landscape master plan take place at this time. ;t .f ~, ~.. ~„; ~~3 ^:. ~- \'~k1~/ May 9, 1990 City of Rialto ~ `~ r ~ ~, J ~~~;'~ 1 k~'' ~ , ~~.• Mayor Dennis L. Stout City of Rancho Cucamonga P O BOX 807 Rancho Cucamonga, California 91730 Dear Mayor Stout: CALIFORNIA iTY OF RANCHO C 1CAYp,,, pDMINISiRa710N mHr 14 1990 NI Y!(~I191~ItlII~i~.1~18 4r~¢ qr~t !A The Corridor Beautification Coaittee of the Shaping Growth in J American Communities Project has completed reviewing the proposed Corridor Beautification Joint Powers Agreement. . Each city in the county included in the Joint Powers Agreement (JPA) is requested to approve the agreement (enclosed) by June 30, 1990. Each agency 18 a1BO being asked to contribute $1,000 toward the cost of preparing the landscaping master plan. Enclosed is an invoice for your payment. San Bernardino Associated Governments (SANBAG) is providing the balance o£ funding for the program which will be used to pay for the landscape design, development fee preparation and assessment engineering for landscaping the I-lo corridor from Montclair to Yucaipa. IP you would like a member of the Corridor Beautification Committee or its staff to make a brief presentation to your City Council at the time the JPA im being consiflered, please contact Gerald Johnson, City Administrator, at 820-2525. `, .a~~ emu,;; I6080UTH PALM AVBNUE, RIALTO, CALIFORNIA 92376 A2. . CITY OF RIALTO I-10 CORRIDOR BEAUTIFICATION The I-10 landscaping project is moving along quite well. HANBAG has approved funding for the landeaapa architect. The firm of Dike/Runs has been selected and has begun work on the project. In addition, Requests for Proposals have gone out to various assessment consultants for the necessary work of determining the required maintenance landscape assessment. The committee's staff ie also in the process oP preparing an agreement with Management Services Institute for the preparation of a corridor ~....,.., ..pC ,.G ... ,.E;,..-.. ,.~. The next Corridor Beautification for 9:00 A.M., Thursday, May 17. City of Rialto Council Chambers, Avenue, Rialto. Committee meeting is scheduled The meeting will be held at the located at 150 South Pale We appreciate your continued support for this important project to the valley and Would wholeheartedly recommend your city's approval of the Joint Powers Agreement and fife assignment of a representative to attend the Joint Powers Agency meetings. Thank you Por your continued cooperation. sincerely, .jngvilf ~ / ;Mayor/ Chat an of the f Corridor ¢\e utification Committee JL:V cc: City Managers Attach ljpecorr.59 2 ,,s ~; , ass :f, s : e,. ~a ~'~:,~ r. .. SAPID GROWID IN IY93f2IU' ltl OMQIITI25 ~IDCR IDI[ffIFICAdRW CC#MIT11i8 IN4UICE lby ll, 1990 0061 ~` PAFYARIIT. I1R~DBf94PE -918TFR PIAH ...................... $1,000.00 Please make drec3c payable to &an Berrerdiro Assxiated Gove[nmenta and mil with this im0ioe to: Gerald Johnson, City Manager Corridor Remrtifimtion Oaimittee Coordinator City of Rialto 150 60. Palm Rialto, CA 92376 z ~`! ~: , .:, ~_~. Please remit by June 30, 1990 a~~ aolNr E2~RCISS or PowERS AGRB~Rr (CORRIDOR BEAUTIFICATION AUTHORITY) THIS AGREEMENT is dated as of , 1990, by and among the COUNTY OF SAN BERNARDINO, a pol t cal subdivision of the State of California, and the Cities of COLTON, FONTANA, RIGALAND, LOMA LINDA, MONTCLAIR. ONTARIO, RANCHO CtlCANONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND and YUCAIPA, municipal corporations duly organized and existing under the laws of the State of California (collectively, the "Agencies"); WITNESSETA: WHL'NCA~, eacn ox cbe ayenciea is as wullzeu L., iuuua:. services and materials and perform other functions pur avant to the provisions of the Land seeping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) and to take other action for the public purposes of the Agencies, and the Agencies wish to form a joint powers authority under the Joint Exercise of Powers Law of the State of California (Government Code Section 6500 et seq.) for the purpose of establishing an entity for the administration of a consolidated program of beautification and maintenance along freeway corridors within San Bernardino County; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Agencies do hereby agree as LU11UWb: ~~~ ~~~ ,70/90 ARTZCLH I DHFINITIONS Section 1.01, Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified, "Act" means Articles 1 through 4 {commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. "Authority" means the Authority established pursuant to ~___ v m np •ti;" nom.-__Ca t. "Bond Law^ means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584), as now or hereafter amended. "Board" means the Board of Directors of the Authority referred town Section 2.03, which shall be the governing body of the Authority. "Bonds" means bonds, notes oc other obligations of the Authority issued pursuant Co the Bond Law or pursuant to any other provision of law which may be used by the Authority for the auchocizacion ana issuance of bonfi s, notes oc ocher obiig scions co finance the acquisition, construction and improvement of public improvements to be used for the public purposes of the Agencies, or any of the Agencies. "Directors" means the representatives of the Agencies appointed to the Board pursuant to Section 2.03. "Fiscal Year" means the period Ezom July 1 in any calendar year and inclu ing June 30 in the succeeding calendar year. "Public Imarovemen ts" means any land, Improvements, facilities and equipment to be used for the public purposes of the Agencies, including but not limited to property described in Section 6584{g) of the Bond Law, "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Sect on 3,02. Section 1.02. Definitions under Landscape and Lighting Act of 1972. In addition to the definitions contained in Section 1.01 herein, the definitions pursuant to the Landscape and Lighting Act of 1972 (Streets and Highways Code Sections 22520 ,~2- through 22590, inclusive) shall also 6e applicable to this Ag xeement. x; °a'l°9 ~• -3- • ARTICLE II GEHEPAL PROVISIONS Section 2.01. Purpose. The purpose of this Agreement is to provide for the joint exercise of powers common to the Agencies including, but not limited to, the financing of public improvements through the acquisition, construction and improvement thereof by the Authority or the loan of funds to the Agencies to enable the Agencies to provide for the acquisition, construction, improvement and/or administration thereof. Section 2.02 Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "c:orr idoz aeautitlCatlon Autnorz[y". '1'ne Authority shall be a public entity separate and apart from the Agencies, and shall administer this Agreement. (a) Additional Member Agencies. Additional cities may become new members of the Authority upon the majority vote of the existing Board of Directors. This Agreement shall 6e amended to reflect each new agency. (b) Ex-Officio Members. The following agencies shall be • ex-officio members o t e Aut ority: (1) Caltrans; (2) San Bernardino Associated Governments; (3) East Valley Resource Conservation District; (4) West End Resource Conservation District. Said ex-officio members shall have no voting rights. Additional ex-officio members may be appointed by the majority vote of the Board of Directors. Section 2.03 Hoard of Directors. The Authority shall be administered by a Hoard of Directors consisting of one elected official of each Agency or their designee. The Board shall be called the "Hoard of Directors of the Corridor Beautification Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Hoard. (a) Re~u lar~Mee~ti~n _s. The Board shall provide Eor its regular meettngs; p` rovf~ed, however, that at least one regular melting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the board and a copy of such resolution shall be filed with the • Agencies. (b) S ecia~l Meeti~ngs~. Special meetings of the Board may be called in accordance w h the provisions of Section 54956 of the Government Code. a7a _q_ ARTICLE II GENERAL PRWISIONS Section 2.01. Purpose. The purpose of this Agreement i5 to provide for the joint exercise of powers common to the Agencies including, but not limited to, the financing of public improvements through the acquisition, construction and improvement thereof by the Authority or the loa cf funds - ,.,,a Age--.-- .. enable the Agencies to provide for the acquisition, construction, improvement and/or administration thereof. Section 2.02 Creation of Authority. Pursuant to the nn. thcro ,c hcrcha, n uafcA a nnhlir cntifv M Ho 4n..u.. 1hn "Corridor Beautification Authority". The Authority shall~he a public entity separate and apart from the Agencies, and shall administer this Agreement. (a) Additional Member Agencies. Additional cities may become new members of the Authority upon the majority vote of the existing Board of Directors. This Agreement shall be amended to reflect each new agency. (b) Ex-Officio Members. The following agencies shall be ex-officio members o t e Aut ority: (1) Caltrans; (2) San Bernardino Associated Governments; (3) East Valley Resource Conservation District; (4) West End Resource Conservation District. Said ex-officio members shall have no voting eights. Additional ex-officio members may be appointed by the majority Vote of the Board of Directors. Section 2.03 Board of Directors. The Authority shall be administered by a Board of Directors consisting of one elected off is ial of each Agency or their designee. The Board shall be called the "Board of Directors of the Corridor Beautification Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. (a) R~e9ul~ar Mee~ting~s. The Board Shall provide for its regular meet ngs; pi r~8ed,-however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the board and a copy of such resolution shall be filed with the Agencies. (b) S ecia~l Meeti~ng~s. Special meetings of the BoarB may be called in accordance with the provisions of Section 54956 of the Government Code. a?a -a- (c) Call Notice and Conduct of Meetin s. All meetings of the Board, includ ng without limctation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code. Section 2.05. Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be Forwarded to each Director and to the Agencies. vote. Section 2.06. Voting. Sach Director shall have one Section 2.07. Quor~; Required Votes; Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of a majority of the Directors shall be required to take any action by the aoard. Lf any member agency chooses not to participate, financially or otherwise, in any spec if is project or activity of the Authority, the voting rights of the Director from that Agency shall be suspended as to that project or activity. Section 2.08 Bylaws. The Board may adopt, from time to time, such bylaws, toles and regulations for the conduct of its meetings as are necessary for the purposes hereof. ~7I -5- `+a ARTICLB III OFFICHRS AND EMPLOYEES Section 3.01. Chairman, Vice-Chairwn, Hxecutive Director and Secretary. The Board shall elect a Chairman and Vice-Chairman from among the Directors, and shall appoint a Secretary and may appoint an Executive Director who need not be Directors. The officers shall perform the duties normal to said offices. The Chairman shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. In the absence of the Chairman, the Vice-Chairman shall sign contracts and perform all of the Chairman's S,~r;.. <. rr ~i~< ai,~<~u:< vL an executive arrec tor, the Chairman shall administer the day to day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairman or Vice-Chairman on behalf of the Authority, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Act. Section 3.02. Treasurer. Pursuant to Section 6505.6 of the Act, the Auditor/Controller of San Bernardino County is hereby designated as the Treasures of the Authority. The Treasurer shall be the depository, shall have custody of ali of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6506 and Section 6505.6 of the Act, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants Eor the annual audit of accounts and records of the Authority. Section 3.03. Officers in Charge of Hecords, Punds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and Save access to all other records of the Authority. Section 3.04. Hoed ing Persona Having Access to Public Iiprovements. From time to time, the Board may designate persons, in addition to the Executive Director, the Secretary and the Treasurer, having charge of, handling or having access to any records, funds or accounts or any public improvement or project of the Authority. The Board shall designate the respective amounts of the official bonds of the Executive Director, the Secretary and the Treasurer and other persons pursuant to Section 6505.1 of the Act. ~7'' -6- Section 3.05. Legal Advisor. The San Bernardino County Counsel's Office shall act as the legal advisor of the Authority, shall perform such duties as may be prescribed by the Hoard, and shall be compensated at its regular hourly rate. Section 3.06. Other ~rployees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability. workers' nnm.+ensar~nn nna ..t~.e- ti_-_f?tc - ._- crr l;• to the activities of officers, agents or employees of ~atpublic agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to [he same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Hoard shall be deemed, by season of their employment by the Board to be employed by the Agencies or, by reeaon of their employment by the board, to be subject to any of the requirements of the Agencies. Section 3.07. Assistant Officers. The BoerB may by resolution appoint such assistants to act in the place of the neceecary or otner oLiiCers of the Authority (other than any Oirectorl, and may by resolution provide for the appointment of additional officers of the Authority who may or may not be Directors, as the Board shall from time to time deem appropriate. X73 r:i -7- ARTICLE rv PONSRS Section 4.01. General Powers. The Authority shall exercise in the manner herein provided the powers of each of the Agencies and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the Agencies. Section 4.02. Power to Issue Revenue Bonds. The n^~~^~=~~ ^~all )': T.'G '. ~i~e yuwe[e proviued in the Act and in the Bond Law, includingythe power to issue bonds thereunder, subject to the authorization by ordinance of only those individual parties to the Agreement which contract to make payments to be applied to the payment of the Bonds, provided that the nonparticipating parties to the Agreement incur no financial obligation as provided for in Section 6547.5 of the Government Code. Section 4.03. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contracts; (b) to employ agents or employees; (c) to acquire, construct, manage, maintain or operate any public improvement; (d) to sue and be sued in its own name; (e) to issue bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the Agencies; (f) to apply for, accept, receive an8 disburse grants, loans and other aids from any agency of the United States of America, State of California or County of San Bernardino; (g) to invest any money in the treasury pursuant to Section 650S.S of the Act which is net required Eor the immediate neeessitiea of the Authority, as the Authority 8etermines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code; n 27~{ r -e- . (h) to carry out and enforce all the provisions of this Agreement; (i) to make and enter into agreements, assignments and other documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; (i} to make loans to the Agencies or any of the Agencies for the purposes hereof, oc to refinance indebtedness incurred by the Agencies in connection with any of the purposes hereof; (k) to establish and levy development fees, as authorized by law; (1) to levy annual assessments after formation of an assessment district; and (m) to exercise any and all other powers as may be provided in the Act oc in the Bond Law. Section ~.0~. Restrictions on B:ercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Act) to the reatric lions upon the manner of exercising such powers that are imposed upon San Bernardino County „~ li,v raercise or srmrlar powers. Section 4.05. Authority/Meabec Projects. A Member of the Authority may propose projects within the Member's teczito cy and the Authority itself may propose projects, subject to the limitations set forth herein. With respect to Member proposed projects within the territory of such Member, each Member, by official action of its city council or Board of Supervisors, must approve such projects. All approved projec to will be undertaken by the Authority as funds see available to the Authority for such purpose. The initial authorization [o proceed with the implements lion of specific projects by the letting of contracts or the appropriation of funds shall require a majority vote of the Hoard of Directors. A Member, by official action of its governing body, may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Authority. A Member may carry out within its boundaries any activity which may legally be undertaken by the Member which does not involve the expenditure of Authority funds, and no approval of the Authority shall be required for such projects. ass -9- Section 4.06. Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Agencies. ~~ a~~ a, ~`,• -10- ARTICLR v MRTHODS OF PROCRDDRS; CREDIT TO NBlBRRS Section 5.01. Asawption of Responsibilities By the Authority. As soon as practicahle after the date of execution of this Agreement, the Directors 86811 give notice (in the manner zequired by Section 2.04) of the ozganizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.04 and elect a Chairman and Vice-Chairman, and appoint the Secretary and, if necessary, may appoint the Executive Director. snnr;nw c ne 1-ya ~:.,n ui rowers. The Agencies hereby delegate to the Authority the power and duty to acquire, by lease, lease-purchase, installment sale agreements, oc otherwise, such public improvements as may be necessary or convenient for the operation of the Agencies or any of the Agencies. Section 5.03. Credit to Me~bera. In consideration of the agreement by the Agencies to administer the Authority, all accounts or funds czeated and established pursuant to any instrument or agreement to which the Authority is a party, and any interest earned or accrued thereon, shall inure [o the benefit of the Agencies in diced proportion to the amounts contributed. ~7 -11- ARTICL% vi. CONTRIDOTION: ACCOONTS AND RHPORT3; FONDS Section 6.01. Contributions. The Agencies may, in the appropriate circumstance, when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, {b) make payments of public funds to defray tnA ~„~r ~f such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Section 6513 of the Government Code are hereby incorporated into this Agreement by cecerenoe. Section 6.02. Accounts and Neports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall estab liah and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by duly appointed representatives of the Agencies. The Treasurer, within 180 days of tex the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year Go the Agencies to the extent that such activities are u~l w,ve~eu uy rile report vc such trustee. •rhe trustee appointer under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. Section 6.03. Fund a. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and dlsburae Authority funds in accordance with laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement er to carry cut any cf the provisions or purposes of this Agreement. a~8~ _lp_ AATICLS VII. TBRM Section 7.01. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date hereof, and this Agreement and the Authority shall thereafter continue in full force and effect so long as either (a) any bonds remaining outstanding or (b) the Authority shall own any interest in any public improvements. Section 7.02. Disposition of Assets. tlpon termination of this Agreement, all property of the Authority, both real and personal, shall remain under the ownership of the Authority. ..PJ~.. ~F..J~ ~1.-i ...11.... f.. vhn 1o4F..~1 ~.. •{. •r+nnh thisaAgreemen t~shall receive the residual of their contributions to the Authority for acquisition of public improvements, less the proportionate share of accumulated depreciation as determined by the Treasurer of the Authority in accordance with generally accepted accounting pr acticea. Opon termination of this Agreement, all property of the Authority, both real and personal, shall be divided among the parties hereto in shares proportionate to the total contributions for the acquisition of said property made by the parties this Agreement. a7q ~~,. '13' ARTICLB VIII. PROVISIONS Section 8.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to: COUNTY OE SAN BERNARDINO Clerk of khe Board of Supervisors 385 Arrowhead Avenue, Second Floor San Bernardino, CA 92415-0130 CITY OF COLTON City Clerk 650 North La Cadena Drive Colton, CA 92324 CITY OF FONTANA City Clerk 8353 Sierra Avenue Fontana, CA 92335 CITY OF HIGHLAND City Clerk 27215 East Baseline Highland, CA 92346 CITY OF LOMA LINDA miry ~ierrc 11128 AndeCSOn Loma Linda, CA 92354 CITY OF MONTCLAIR City Clerk 5111 Benito Montclair, CA 91763 CITY OF ONTARIO City Clerk 303 East "e" Street Ontario, CA 91764 CITY OF RANCO CUCAMONGA City Clerk P n Pne Pn-r Rancho Cucamonga, CA 91729 CITY OF REDLANDS City Clerk 30 Cajon Street Redlands, CA 92373 CITY OF RIALTO City Clerk 150 Palm Avenue Rialto, CA 92376 CITY OF SAN BERNARDINO City Clerk 300 North "D" Street San Bernardino, CA 92401 CITY OF UPLAND City Clerk P.0. Box 460 Upland, CA 91785 CITY OF YUCAIPA City Clerk 34282 Yucaipa Boulevard Yucaipa,CA 92399 SHCTION 8.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 8.03. Consent. Nhenever in this Agreement any consent or approval is required, the same shall not unreasonably be withheld. Beckon 8.04. Lew Governing. This Agreement is made in a8o _14_ the State cf California under the Constitution and laws of the State of California, and is to be so construed. Section 8.05. A~endaenta. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement oz for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 8.06. 8nforce~en[ ho a.ati~~~~~ ~~,< nu Liwaily is hereby authorized to take any legal or equitable actions, including but not Limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 8.07. Seveeabilitp. Should any part or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenfoccea6le or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 8.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Agencies, respectively. None of the Agencies may assign any right or obligation hereunder without written consent of the other Agencies. ~O/ -15- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. COUNTY OF SAN HERNARDINO Hy Chairman, Board of Supervisors Date: ATTEST: Clerk of the Board of Supervisors By: Deputy ~V~ - -16- CITY OF COLTON, CALIFORNIA By:_ Title: (SEAL) ATTES^1: City Clerk Approved as to Form: City Attorney CITY OF FONTANA, CALIFORNIA By :_ Title (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney ag3 _17_ CITY OF BZGNLAND, CALIFORNIA By: Title (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF LOMA LINDA, CALIFORNIA By: Title: (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney ~~ -18- CITY OF MONTCLAIR~ CALIPORNIA Title: (SEAL) ATTEST: City Clerk Approved as to Porm: City At wrney CITY OF ONTARIO CALIFORNIA By: Title (SEAL) ATTEST: C ty C erk Approved as to Form: C ty Attorney ~:. ~g~ -19- =' CITY OF RANCHO CUCAMONGA~ CALIFORNIA Hy: Title (SEAL) ATTEST: City Clerk Approved as to Form: City Attorney CITY OF REOLANOS~ CALIFORNIA By: Title (SEAL) ATTEST: C ty C erk Approved as t0 POCm: C ty o Attorney `~'V -~6. CITY OF RIALTO, CALIFORNIA (SEAL) ATTEST: By:_ Title: City Clerk Approved as to Form: City Attorney (SEAL) ATTEST: CITY OF SAN BERNARDINO. CALIFORNIA By'--- Title: C ty Clerk Approved as to Form: City Attorney -21- CITY OF UPLAND, CALIFORNIA (SEAL) ATTEST: City Clerk Approved as to Form: C ty Attorney (SEAL) ATTEST: City C erk Approved as to Form: C ty Attorney By: Tit CITY OF YUCAIPA~ CALIFORRIA Title: ?r ~~ ~~ ~,` ~iwer~,~rai ~.xo,nr.,°"~~`""~` Management Services Institute Les Wr6er, yes A+niMit aiw,w,ne 7au'Pr, Vln FYSrident %PiW.IAPA(YAAVBMI$SUnSA M'ANBa(GY-en (~)I)4161717 FAX.~(7i1)ff0.p114 Kay 3, 1990 Mr. Merv Shaw, Deputy Dlractor Environmental Public Norks Agency County of San Bernardino 825 Haet 3rd Street San Bernardino, CA 92415 Dear xarv: Pursuant to your telephone conversations of xarch 30 acid today Wlth out cnairman, UBYylao W. Ayn tltl, OYUayaWa+t~ usev~wa liibi.l- tute, Inc. is pleeead to submit this Proposal. over the poet several soothe Mr. Ayres has bean meeting with the Fiscal Subcommittee of the corridor Beautification Commit- tee, advising that Subcommittee on various potential methodol- ogies and procedures which can be utilized to ilnance the beautification program desired by the juriadictlonel nember- ahi.p of the Corridor Beautification Committee. It ie our understanding that the Committee and Subcommittee now wi ah to proceed into the initial study/implementation phase of the proposed Corridor Beautification Project. Management Services Institute, Inc. agrees to provide the fol- lowing services to the Subcommittee and Committee: 1. Confer with subcommittee and when requested, Com- mittee members, and other Project consultants to determine the specific goals of the Project and to seek ways to secure those goals economically, effec- tively, and in a timely meaner. 2. Work with the Project Assasemant Engineer to de- termine general guides ae to "benefit" and "proper- ties benef fitted" by the proposed project. This work would recognize the two phesea -- Preliminary and Final -- oL Lhe Aesae6ment Enginear~s work. :r. 4 X89 Marv Shaw -- Corridor Beautification Financing Proposal --Page 2 3. Severe ^costs of improvement" and "other expense itema^ estimates Prom project participants, consul- tant landscape engineers, and others involved spe- cialist parties, and apply the definitions of bene- fits to those coats, and make recommendations rela- tive to the levels of Davalop~ent Impact Costa which could be translated into a financing mechanism. a. At the completion of the final phase of the worx of the Assessment Snginesr, based on the Sngineer~s work, provide an estimate of the method, rate and total amounts of monies which potentially could be raised by means of application of a Development .mpaet rree to oerray proportionate cost8 of the pro- posed landscaping project. 5. Consult with the County Counsel an8 various City Attorneys relative to the "nexus^ between the pro- posed project and the proposed financing mechanisms. 6. Present the proposed "costs" and ^!ae structures" to the Subcommittee in s Preliminary Report. 7. Ravine such "costa" and "!ee structure" based on input from the subcouittea, City Attorneys and County Counsel, end others involved, to assure that such proposed fees are defined, objectlva, end viThin Th" khan intornrataT/nns nrnvidwd by the Assessment Engineer and various Attorneys to the Committee. e. Make progress reports at the completion of the work of each of the Preliminary and Final Phase oL step 2, at the completion of steps a, 6 and 7 ae listed herein. 9. Prepare and present a Final Report to the subcom- mittee and the Committee, in 25 copies. Additionally, you Rave requested that we provide continued assis- tance and advice to the subcommittee and, if requested, to the Committee, in the Brea of general financial advice and alterna- tive analysis, organisation, procedure and other matters. W0 a30a would agree to perform those duties, on request and es needed. Timing of Work We are prepared to work with the Subcommittee and Committee ae needed, understanding that the work will progress steadily over the next six months to one year, depending on the number o! jurisdictions finally involved and the scope of the Project. aso Marv char -- Corridor Beautification Financing Proposal --Page 9 MSI will provide staff as needed. Dovalas w. Ayres MSI Chairaan, rould be in overall charge of the Project. Scott i. Thorns, Vica-Prosidant, would perform much o! the tech- nical analysis work, Thic6 rould be reviewed by Mr. Ayres. Mark Mathare. Associate, rould conduct field work and office analysis as needed and as assigned. Processional resumes of each of these M9I atafL era attached. Cost of 9arvices The nature and timing of the work is not conducive the Letting of a fixed price, thus wa would propose to provide the wrvices set out herein on a Time and Expense basis, at the following rates: MSI stet! Member Sourly Rata Mark liathere ............. $ 55 Scott I. Thorpe.......... $ 150 Douglas w. Ayres......... 8 290 m: _.._i ....in /.~ l.in.,l .t Cn,~9~/wild v1~A •~wvwl Hew hilla,l for. out-of-pocket expenses incurrei] would be submitted for reim- bursement. A four hour minimum would W billed for attendance at meetings outside MSI's offices. Detailed invoices detailing work performed, dates on which performed and by whom wiil W submitted monthly. A 20t overhead charge rill be added to each invoice. Payment sill ba expected within 90 days of invoice submission. we era Tilling to complete the work outlined herein for a sum not to exceed $16,250. A letter or purchase order is all we need to proceed. or, it desired, we will execute a Lormal contract. x; k `~ :, ~9~ y'~i -rr Marv Shav -- Corridor Beautification Financing Proposal --Page d • Wa look forward !o continuing to work with the Suhcoamlttea and Committee in its pursuit of besutitication for the San Bsrnardino county freeway corridors. Sincerely, i , *~% i Scott I. Thorpe Vice-President resumes enclosed: 1. Mark Mathets 2. Scott I. Thorpe 3. Douglas W. Ayres • • JAMES L. MAgMMAN NVM BCR ONE LIVIC LEMiCR CIq CLC AN OgEW V, ARCiTNSAI P. O. BOS 1059 pALPX O. NAN50N BR G~CALIEO RNIA 92fi22 CIO SD F ELLIDi GOLO MAN r Ii11 B90-OD OI JEFFq EY NING iE LEpNONE{ { 131]1 991-]DI I O. CRAIG FOT _ MARTHA GEISL£q pATTEg50N WILLIAM P CU pL6Y -I DII! FOOINILI BDULEVApO D VITL 200 May 29, 1990 flAMCHO CUCAM ONGA. CA LIFOq NIA 91)]O VIQ 990~2)R TELE PNONE Iola ]el-DZIR CnNRTnRnT?1T. IN REOLV PLEASE REFCR TD'. MEMORANDUM TO: Mayor Dennis Stout, Mayor Pro Tem Deborah Brown, Council Members Bill Alexander, Charles J. Buquet and Pamela J. Wright, and Jack Lam, City Manager FROM: P. Elliot Goldman, Deputy City Attorney iCG RE: City o! Rancho Cucamonga, etc., v. De Lila Lopez, etc., et al. Case No. RCV 050801 Subject Matter: Execution of Settlement Documents Relative to :.Gyiiiai~iun ui a YOrL1mn oP 12659 Base Line Road By way of this memorandum, the City Councii is requested to authorize the Mayor to execute the Agreement for Purchase oP Real Property and Settlement of Eminent Domain Proceeding reached in accord with authority previously granted by the Council. The City o1 Rancho Cucamonga commenced an action in eminent domain to acquire a portion of the real property located at 12659 Base Lina Roed Por the Base Line Road Improvement Project. Pursuant to authority granted by the Council, a mettlement agreement ham been reached providing for acquisition of the subject property for the sum o! $26,000.00. Tha City council is requested, at this time, to authorize the Mayor to execute the Agreement for Purchase of Real Property in Settlement of Eminent Domain Proceeding. On September 6, 1989, the City Council adopted Resolution No. 89-409 directing the City Attorneys office to commence an action in eminent domain to acquire a portion of Mayor and City Council May 29, 1990 Page Two the Taal property commonly known as t26s9 Base Line Road for the Bane Lina Btreet Widening Project. Saifl action was initiated, end a deposit of probable compensation made with the court in the sum of $22,040.00 an October 6, 1989, and an order for Prejudgment Poasesaion obtained. subsequent to the service of the summons and Complaint, this oltice beeeme involved in negotiations with the attorney for the property owner. Baaad on authority granted by the Council, in concurrence with the underaignad'e recommendation, an ear..---~ -- Ling rot a full esttle+~--2 c.` oii eiaima and damages relating-to the acquisition of the property in the sus of $24,000.00 waa reached. The formal "1lgreomant for Purchase of Real Property and settlement of Esinent Domain Proceeding" has now been prepared in accord with the settlement agreement that has been reached, and that agreement le now presented to the Council with the request that the Mayor be authoriaad and directed to execute sold agreement on the city's behalf, and ell other documents necessary to tinaliae said agreement. Upon execution by the Mayor, the escrow for conveyance o! the property will proceed to closing, thereafter the litigation will be dismissed, an8 the sums deposited by the City with the Court, with interest aoorued thereon, rill b. withdrawn end oafs ti.Cw to the City. It is expeoted fh.- ±t viii 'sake approximately thirty *_: ,i;,~y days for the City to obtain clear title of the subject parcel and refund from the Court of the monies deposited and interest thereon. It Se recommended that the City Council autboria• the Mayor to sign, on behalf o! the city o! Rancho Cuoamonga, the "Agreement for Parchaw of Real Property in settlement of Eminent Domaln Proceeding", and further diraat the city Attorney to take the necessary action to pursue to completion and fineiiaetion the settlement egreesent end lawsuit in accord with the terms of the settlement documents. FEG/nlc N\134\IAPE2\MCC\RC12 (dictated but not read) 6/20/90 Dennis and Jack: 1. Item D33, this item should not be removed from the agenda. There is a new staff report which is~fstributed that explains setting the public hearing, Z• We need to adim~ro rti;. .. bhambers, ~" ""`""'y ~u Jwro [Y, y;30 p,m. in the Council Debbie t ~•~~