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HomeMy WebLinkAbout1984/08/15 - Agenda Packetn LJ 19 G��CAMp �7 o F 2 U > 1977 MY OF RANCHO (UCANUNGA CIT17 COUNGTL AGENE A. Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California August 15, 1984 - 7:30 P•u. All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such items. 1. CALL TO ORDER A. Pledge of Allegiance to Flag. B. Roll Call: Wright r , Buquet -i , Mikels v Dahl_-, and King v_ C. Approval of Minutes: May 31, 1984 July 18, 1984 July 26, 1984 2. ANNOUNCEMENTS/ PRESENTATIONS A. Thursday, August 16, 1984, 7:30 P.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. B. Wednesday, August 22, 1984, 7:00 p.m. - PLANNING COIMISSION MEETING, Lions Park Community Center. C. Presentation of Service Awards City Council Agenda -3- August 15, 1984 E CUP 82-01 - located on 7th Street, west of Etiwanda Avenue and on 4th Street west of Etiwanda Avenue; owner, Etiwanda Investment Co. Release: Labor a Material Bond $12,000.00 (4th Street) Labor 6 Material Bond 9,000.00 (7th Street) Tract 9658 - located on 9th Street between Baker 5 20 Madrone; owner, Richwood Development Co. Accept: Maintenance Guarantee Bond $ 21,891.00 Release: Faithful Performance Bond 218,900.00 RESOLUTION NO. 84 -221 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 9658 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK • F. Release of Bonds S Deposit: CUP 83 -04 - located on Sapphire north of Orange; owner, Alta Loma Christian Church. Release: Faithful Performance Security $49,000.00 (Road) (Cash Deposit) G. Release of $150 T.O.P bonds for a sales office /garage conversion on lot 3 of Tract 9432. H. Approval of recommendation for City Historic Landmark 23 designation to be placed on the Stoebe Home, located at 6710 Beryl. RESOLUTION NO. 84 -222 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE CHARLES STOEBE HOME. AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK I. Set public hearing for September 5, 1984 for appeal of Planning Commission Decision denying Development Review 84 -08, R.J. Investments. • City Council Agenda -4- August 15, 1984 J. Set public hearing for September 5, 1984 for approval of Development Code Amendment 84 -02, 19th Street Corridor Study, Administrative Amendments. R. Set public hearing for September 5, 1984 for approval of Development Code Amendment 84 -03, 19th Street Corridor Study, Administrative Amendments. L. Set public hearing for joint Agency /Council meeting, September 5, 1984 for review and consideration of Draft Environmental Impact Report for CUP 84 -06, HFA Associates. M. Set public hearing for joint Agency /Council meeting, September 5, 1984 for conceptual review of Environmental Assessment and CUP 84 -06, HFA Associates. N. Set public hearing for September 19, 1984 for appeal of Planning Commission Decision denying Tentative Tract 12597, Lincoln. O. Set public hearing for September 19, 1984 for intent to 25 . annex Tract Nos. 12530, 12238, 12332 -1, 12386 to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 6 and No. 4 RESOLUTION NO. 84 -223 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEERS REPORT FOR ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 RESOLUTION NO. 84 -224 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO J City Council Agenda -5- August 15, 1984 RESOLUTION NO. 84 -225 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 84 -226 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO P. Set public hearing for September 19, 1984 for intent to 50 • annex Tract Nos. 12386, 12332 -1, 12238 and 12530 to Landscape Maintenance District No. I as Annexation No. 19. RESOLUTION NO. 84 -227 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 84 -228 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. l; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO El City Council Agenda -2- August 15, 1984 0 3. CONSENT CALENDAR The following Consent Calendar. items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without discussion. A. Approval of Warrants, Register No's. 84 -08 -15 and 1 Payroll ending 7/22/84 for the total amount of $710,970.93. B. Forward Claim (CL 84 -17) against the City by Rabin 6 Crosby, auto accident on August 5, 1984, at 19th and Sapphire. C. Approval of Parcel Map 8653, submitted by Goldstein and 7 Mac Beth for their project located on the southwest corner of 9th Street and Archibald Avenue. RESOLUTION NO. 84 -219 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING • PARCEL MAP 8653. D. Approval of acceptance of DR 83 -20, Bonds and Agreement 10 for construction of street improvements on 8th Street, submitted by Excellon Industries. RESOLUTION NO. 84 -220 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 83 -20 E. Release of Bonds: 20 Parcel Map 7853 - located on the west side of Hellman Avenue, north of Church Street; owner, Ron Martin. Release: Faithful Performance (Road) $10,000.00 Labor 6 Material (Road) 5,000.00 Monumentation 1,500.00 City Council Agenda -3- August 15, 1984 S CIIP 8? 81 - located on 7th Street, west of Etiwanda Avenue and on 4th Street west of Etiwanda Avenue; owner, Etiwanda Investment_Co. Release: Labor 6 Material Bond $12,000.00 (4th Street) Labor 6 Material Bond 9,000.00 (7th Street) Tract 9658 - located on 9th Street between Baker d Madrone; owner, Richmond Development Co. Accept: Maintenance Guarantee Bond $ 21,891.00 Release: Faithful Performance Bond 218,900.00 RESOLUTION NO. 84 -221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 9658 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK • F. Release of Bonds 6 Deposit: CUP 83 -04 - located on Sapphire north of Orange; owner, Alta Loma Christian Church. Release: Faithful Performance Security $49,000.00 (Road) (Cash Deposit) G. Release of $150 T.O.P bonds for a sales office /garage conversion on lot 3 of Tract 9432. H. Approval of recommendation for City Historic Landmark designation to be placed on the Stoebe Home, located at 6710 Beryl. REBOLUTIOM'"MO. 84-= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE CHARLES STOEBE HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK I. Set public hearing for September 5, 1984 for appeal of Planning Commission Decision denying Development Review 84 -08, R.J. Investments. 20 21 23 24 • City Council Agenda -4- August 15, 1984 J. Set public hearing for September 5, 1984 for approval of Development Code Amendment 84 -02, 19th Street Corridor Study, Administrative Amendments. K. Set public hearing for September 5, 1984 for approval of Development Code Amendment 84 -03, 19th Street Corridor Study, Administrative Amendments. L. Set public hearing for joint Agency /Council meeting, September 5, 1984 for review and consideration of Draft Environmental Impact Report for CUP 84 -06, HFA Associates. M. Set public hearinig for joint Agency /Council meeting, September 5, 1984 for conceptual review of Environmental Assessment and CUP 84 -06, HFA Associates. N. Set public hearing for September 19, 1984 for appeal of Planning Commission Decision denying Tentative Tract 12597, Lincoln. 0. Set public hearing for September 19, 1984 for intent to 25 is annex Tract Nos. 12530, 12238, 12332 -1, 12386 to Street Lighting Maintenance District Nos. 1 and 2 as Annexation No. 6 and No. 4 RESOLUTION NO. 84 -223 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. l RESOLUTION N0. 84 -224 38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. l; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 12 • City Council Agenda -5- August 15, 1984 RESOLUTION NO. 84 -225 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 84 -226 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO P. Set public hearing for September 19, 1984 for intent to 50 • annex Tract Nos. 12386, 12332 -1, 12238 and 12530 to Landscape Maintenance District No. 1 as Annexation No. 19. RESOLUTION NO. 84 -227 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 84 -228 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO i • City Council Agenda -6- August 15, 1984 Q. Set public hearing forte -for appeal of Planning Commission decision requiring focused Environmental Impact Report for Development Review 84 -27, Bentsen. 4. ADVERTISED PUBLIC HEARINGS A. APPEAL OF TENTATIVE PARCEL MAP NO. 8583 - Appeal of 64 Planning Commission conditions relating to utility undergrounding, street construction standards and phasing on Hellman Avenue. Request submitted by Lucas Land Company. 5. NON- ADVERTISED HEARINGS A. CONSIDERATION OF MOBILE ROB PAR[ RENT ADJUSTMENT 71 ORDINANCE - The City Council will consider an Ordinance providing for a maximum rent adjustment allowed annually in Mobile Home Parks. ORDINANCE NO. 231 (first reading) 73 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT B. DISCUSSION OF AMBULANCE MATTERS PERTAINING TO REGULATIONS OF AMBULANCE SERVICE WITHIN TSE CITY OP RANCHO CUCAMONGA - Item continued from August 1, 1984 meeting. ORDINANCE NO. 230 (second reading) 79 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES City Council Agenda -7- August 15. 1984 • 6. CITY MANAGER'S STAFF REPORTS A. REQUEST FROM Q.G. BARTROLONEUSZ FOR CITY COUNCIL TO 89 CONSIDER WAIVING DRAINAGE AND PARR FEES ON RESIDENTIAL DWELLING ADDITION. B. RECOMMEND A CLOSED SESSION TO REVIEW PERSONNEL STUDY 90 NO ITEMS SUBMITTED • CJ 7. COUNCIL BUSINESS 8. ADJOURNMENT a. P✓." w i., L114 FAhW C,; 6Ws :E PAU ... ,. • rA 171 hAhu A2AItillirAli r._ __ _51 Ff al la I! -ns _ .1. -F :1. <45 I: .S.4C Esc 11 -44 ?cc .(C 141 UALIEL UKIniL oa'& 16w7EE IJI'Ll_ a -ICM 11,47- 2,3=2.0 a s: Uhi. .IAL-L'- r,]:'- l_'.". L 1 :. -41 -1 'I, v. ..('C +:4 E,Al PLlll.% le:.._. :..chl] 'CT_ [L'. uA - 417 iAIKL, :Inl: '.li r<Ary %c• af51' 1 ?.!L 415 ICKh,Z, 11TL etr`INE 111 =.• 1C =1(^ 411 93AnL1, aX.l • ": -` 111'1 3(.(C ' Y_lcn, +i. 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Ot UMV-�-.117 �.'y .141.1! &I V&AC: CC.FZAAIIU 34i44 s. - - - - - - - - - - - - - - - - - - .............................. --------------------------------- Ek i Cl_. IhC 12 *11 S--.VICj, 14, 54 Lkf .,FAtk LAS I . . . . . . . ji 7#4 AC h-F6%i i4l' It l'.IAl s. S�LMIA.n.��✓1 .p CLAIM FOR DAMAGE OR DLIM C L t' J I / 1. Claim for death, injury to person, or to personal property must be f led no later than 100 days after the occurrence (Gov. Code, Sec. 911.2). 2. Claim for damages to real property must be filed no later than 1 year the occurrence (Gov. Code, Sec. 911.2). TO: CITY OF RAOCHO CDCAIprd sbei �i11 ;11i9SEeeAIR 9itea/ 9� is�h/6 39 Naas of claimanv Address Zip Phone Age 59"71:< a s S CaoU >- Address to which Claimant wishes notices sent. Y® did damage or injury occur? �e . .5/a.es �i'4 / (7 VH did damage or injury occur? 61'06011 Y.NOm -- "o ph�.f6 NOW and under what circumstances did damage or injury occur? ry(L• onto 1pet Tiff . lioal..te Qt "AWOX• dial do -1m --*16 0Z`--P2t 4aeY just .4FEvq aeszwriacEdmih; e2eawe j1a/Fcr�ay dawn fAC 7106d QF'fee wAerW `tv,nCLsh1E1d •YHAT particular action by the City, or 123 employees, c injury? (Include names of employees, if known). damage or YHAT sum do you claim? Include the estimated amount of any prospective loss, insofar as it my be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed. (Attach estimates or bills, if possible). 92 � /7)dfro,e5 -Cl /esf 1:OU /nQ- VO.':r`' -Aar s Total Amount Claimed: 3 NAM and addresses of witnesses, doctors, and hospitals: c?-6'y Date 903(478) -RC(H) �9 c Signature of Claimnt 0 0 I'll nL n \ Tinian 1110 A \ fnTrn , STAFF REPORT DATE: August 15, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Approval of Parcel Map 8653 submitted by Goldstein and MacBeth for their project located on the southwest corner of 9th Street and Archibald Avenue Approval of Parcel Map 8653 submitted by Goldstein and MacBeth for the division of 5.717 acres of land into 2 parcels in the General Industrial District (Subarea 3) located at the southwest corner of 9th Street and Archibald Avenue was approved by the Planning Commission on August 8, 1984. Street improvements with the exception df drive approach, street lights and sidewalk are existing. These missing improvements will be constructed at time of development of the parcels. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the Mayor and City Clerk to sign same. Resp ctfui` submit LBH: :jaa Attachments tiffs n Y� u.. T I• r� 11 RANCHO CUCAMONGA MINI STORAGE •rr.w.11r �JY TENTATIVE PARCEL MAP NO. 8653 J iWWLrr.�� rm I G.. tiffs n Y� u.. T I• r� 11 •rr.w.11r �JY tiffs n Y� u.. T I• r� 11 I iWWLrr.�� rm G.. I RESOLUTION NO. Iy — -Z `'' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8653 (TENTATIVE PARCEL MAP NO. 8653) WHEREAS, Tentative Parcel Map Number 8653, submitted by Goldstein and MacBeth and consisting of 2 parcels, located on the southwest corner of 9th Street and Archibald Avenue being a division of Parcel 1 of Parcel Map 1528, as per plat filed in Book 14, Page 56 of Parcel Maps, records of said San Bernardino County, was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8653 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 8653 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PASSED, APPROVED, and ADOPTED th 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa 40 I Jon 0. M i e s, Mayor r 1 U is CITY OF RANCHO CUCAMONGA r�cnsio STAFF REPORT \�. � III DATE: August 15, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John Martin, Assistant Civil Engineer SUBJECT: Acceptance of D. R. 83 -20, Bonds and Agreement for construction of street improvements on 8th Street submitted by Excellon Industries The developer, Excellon Industries, has submitted the attached bonds and agreement to guarantee the off -site improvements on 8th Street, west of Haven Avenue. The project, 0. R. 83 -20, consists of a manufacturing building on 5 acres of land in the Medium Heavy Industrial Zone (Subarea No. 5) and was conditionally approved as a Minor Development Review by the City Planner on March 9, 1984. The developer has submitted the following securities to guarantee the construction of required street improvements: Faithful Performance Bond: $15,000.00 Labor and Material Bond: $ 1,500.00 RECONNENDATION It is recommended that Council adopt the attached resolution approving the bonds and agreement for the subject improvement and authorize the Mayor to sign same on behalf of the City and the City Clerk to attest thereto. Respectfully s b�mit�ted, r BD laa Attachments /0 I L R �I e • • n e 0 1 61%1(64 ST, Imo CITY OF RANCHO c b 1m h— Ji I ! 1 ENGINEERING DIVISION VICINITY MAP �J A N page 11 • CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR ,3 -20 KNOW ALL MEN By THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions Of the Man ici pal Code and Regulations of the City of Rancho Cucamonga, State of Calif -,n, a, a municipal corporation, hereinafter referr- ed to as the City, by and between said City and E•ce'ler Irds;n es. Inc. hereinafter reI,erred to is the Deve oiler. THAT, WHEREAS, said Developer desires to develop certain real property in said City located 10310 Oth. St., Rancho Cucamonga 91130 , and WHEREAS, said City has established certain requirements s' to be met by said Developer as prerequisite to granting of final approval; and WHEREAS, the execution of this agreement and posting of improvement secure ty as hereinafter cited, and approved by the :ity Attorney, are deemed to be 111ivalent to prior Completion Of said repo l relents far the purpose of securing said approval. NOW, THERE ?CRE, it is beret, a ^reed by and between the City and the Developer as follows: 1. The Oeveldoer hereby ^ees to construct at develmoer•s exoense all improvements c:..ribed on page 1 hereof within 1? months `'ar the date hereof. • +is lgreement snal'. - e e°fect"d - • date 0, the O "to L. In Of •nn ',U,Cll - said -' t, _purp nog this eg eenent. 'pis agreement stall be n default on a day follow - ing the fl rst a9n iversary date of 5]`1 Sp,,,v31 In1 +S5 do exten- sion Of time has been granted by so`d'a ty as here',ndite, orovid- ed. 3. The Developer may request additional time in which to Complete the orovisions of this agreement, in writing not less than 30 days prior to the default date, and including a statement Of circumstances or necessity for additional tire. In considera- tion of such request, the City reserves th r e right to evi ew the Provisions hereof, including construction standards, cost estimate, and sufficiency Of the improvement seruri by, and to require adjustments thereto mhen warranted by substantial changes therein. a. If the Devel oiler fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions t0 be completed by any law- ful means, and thereupon to recover from said Developer and /Or his Surety the full cost and expense incurred in SO doing. S. Construction Permits shall be obtained by the Devel. oper from the office of the City Engineer Prior to start of any work whirr the public right -of -way, and the developer shall conduct S,Ch wore ie full carol ionce with the regal atidns contained therein. Non-COmoiiance may result in stopping of the work by the :icy, and assessment of the venal ties provided. 6. Public right -3f -way improvement work required shall be Constructed in conf,^,rmance with approved improvement plans, Standard Specifications, and Standard Drawings and any special 1 • S,F., D.R., Res., P.M.,CUP 0 • amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. Errors or ommissions discovered during construc- tion shall be corrected upon the direction of the City Engineer. . Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. 7. Work done within existing streets shall be diligent- ly pursued to completion; the City shall have the right to complete any and all wort in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. S. The Developer shall be respa,si ble for replacement, relocations, or removal of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be resoons lble for removal of all loose rock and other debris from the public right -of -way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director, 11. The improvement security to be furnished by the Developer to guarant'+ completion of the terms Of this agreement shall be subject to : f approval of the City attorney. The prin- cipal amount of said l,p,ve.ent security snail not be less than the amount shown ;*d -]a•r •" 2 FAITHFUL PERFORMANCE l' ype: AI S, 000`� Naie and address of surety: MATERIAL AND LABOR Type: Pr:ge'Icsl :-o Unt: I.7 -SoC`= flame and iddro55 Of surety: CASH DEPOSIT MONUMENTATION Type: „ "c'o31 Aunt: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IH MITNESS HEREOF, the parties hereto have caused these presents to be dUly executed and acknowledge with all formalities required by law on the date: set forth opposite their signatures. r.,. Oa[ d+ i.. /. %OF': A.r� i v..ar' Develope S r - g' ature Pr1n ='c Date_! R rn r.n Ac[eoted: City of Rancho Cucamonga, Californ!a A Municipal Corporation By; Mayer Attest: �C it ark — ' Ity attorney DEVELOPER'S SIGNATURES MUST BE NOTARIZED -3- /y e ve to o I i� Caro, Ack. STATE OF Cyri/yM��„ COUNTY OF On this.......) /,.�....... ...�.]ddy Jc.... p�/ ..... ....:i0.%.eefarp "n anr5 ono 'r CI!'!"!!!!'./.M+'!:`.!'�]2` � cane ...... ........ ....................... to me known. who, being by de duly swarn, and depose and say; rre,jes 'n. .... ha "tna't'he V1.4 �i! ip1�!+I�M._ tthat 1s the... ..... .. ....... of the..., . ✓!I!""�"" ^f�Ase".[he cor con tion I!e scn te; In av: o4icw executed the above Instru^,ent; that '^ knows t,2 seal 1, llid c,,A, n; : ^,t _ seal affl led to Said Inatrent 15 .. n C're'te ieal; 'h,lt ',. was Sa • Order of the Board of Aire Ctor5 cf said Cnrcoratl :n, Ir-0 tnlr rn slCred his qa ^p theneto by like orde'. (Seal) t i� CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ENCROACHMENT PERMIT FEE SCHEDULE Far Inorovement: t�.;r q• g.. Panc hn Cuca-enna. Cal•'. r5; - Date: :,I !o=sn sonpu tea File Reference: - - -� - Qty Orawtng •w. _ NOTE: Does not include current Tee for writing permit or pavemtnt deposits QUANTITY UNIT ITEM oo'-E C'J Ni L.F. C. curb 12" r 24" gutter 7.25 L.F. P.C.C. curb - 8" C,F. 24" getter L.F. P.C.C. curb pn lY 6. Co L.F. A.C. Seen m0 S.F. Drive say itcewalk 1. 5 pproacn 2.50 S.F. 8" P -C. C. cross gutter (ine. curb) 3,40 C.Y. Street excavation ;, S C.Y. lmooruea embankment S.F, Preparation of sbbgrade 0.15 __ S.F. Crashed agg. Dale (per Inch thick; TON A.C. (over vJDO tons) O.OI TOY A.C. (900 to 1300 tans) 27.Op TON A.C. '1,00 to 900 tons) 35.00 TON A.C. (under 500 tons) 46.00 5� 0 0 S.F. A.C. (3" thick) 60.00 S.F. Patch A.C. (tench) 0.55 S.F. 1" thick A,^ overl 1.75 ay EA, Aej cult sear manhole :o grade 250.00 EA. Adjust sewer clean Ovt to grace :50.00 -�- EA. Adjust water valves to grade 75. ^0 EA. Street Ilgnts ` L.F. Sur, icades ider 1O'D'..O L.F. o ss 4" redwda eset. 55 10 S.F. Removal of A.C. pavement ' L.F. Re-.'al o/ R.C.C, c .Ei L.F. Removal of s, C, Dermr" --_ ` Street signs EA. Reflectors and oasts 5.70 L.F. Concrete block all S.F. Retaining Ball i° 704 Aggregate base 20.`0 C.Y. Concrete struc::res .'CO L.F, 18" RCP (2000-D) 425, JO L.F. 24" RCP (1500 O) 29.)0 L.F, 36" RCP (2OCO O) 35.)0 L.F. 48" RCP (1200 0) 49.10 EA. Catch basin R = 4• 76"0 EA. Catch basin N = 8' 2000.00 EA. Catch basin A 22' 2900.00 FA, local depression 4` 4500.90 __ EA. Local depression 12' 500.00 __ EA, Junction strudtare 1000.00 5000.00 EA. Outlet structure, Std #506 -_ EA. Outlet structure, Std -507 1SOO.D0 EA. Guard poses SOD. DO L.F. Guard panel (woad) 40.00 L.F. Sawcut 25.00 I EA. Headwall 148" wing) 2'00 -- L.F. Redwood header 4000.00 S.F. Landscaping t irr lgac+on 1.75 L.F. Roll Curb ,p. 2,75 2,75 .50 ENGINEERING INSPECTION FEE If' SUO TOTAL 'RESTORATION /DELINEATION CASH 14834 DEPOSIT (REFUNDABLE) ") CONTINGENCY COSTS MONUMENTATION SURETY (CASH) -0- FAITHFUL PERFORMANCE MATERIAL B BOND (100 %) ISOIjO LABOR AND ATE R IA BONG (50 %) ]50) Bernardino C City of a Tito Cucmaanga Nun IC1PAl Code, Title 1, Chapter 1.09. adopting San be made pride too tsSu cTetofs�NCEapterf I•S, A cash restwattonTaline . eton apmlt small vagia 1119 Construction permit. ReYlsed 3/84 / �' FAITHFUL PERFORMANCE BOND WHEREAS, the CityC inch rf the C,ty of Rancho .,.eronpa, a• State Of Callfcrna, 'a,I;I and __ tgrael^.iftef -eb }n at to dS 'brinC l'Jd� an )gruo'nont xheroby pf'na pal a'ir e25 to �'nso a''.: ))r O+ C n-pieta Cart a In Cesi :hated pool To improvements, which said agreement, Gated '.98 ; and •dentIliac as Project - is hereby 'eft r r ed to and -wade a pert 'hered -;and, 'daER =.AS, said or,,Cioal IS regvi red the terms of said ad- eenent td fu 1115h d b0 1 for the faithful rp.If,,, nce of se in agreement. 104, THEREFORE, we the principal and E'- aboard Screb; Cornary as surety, are held and firmly bound unto the II[y o Rancho C do amonga ;horelnafter called "Cl ty ") i the penal su of :p' irs l 1awr 0 money of the Jn ited b)t-— payment of mnlCh SJn fie 11 and tr'a I t0 he made, me o "d du,se Ives, our he lIs successors, axa:utors and acrid, It -ato" , jointly and Severally, flr".liy by these presents. The Condition of this obligation :S such that If the above bounded principal, his Or Its Heirs. e1acjto,s, ) Olin istrator5, Successors or assigns, shall in all thinnv stand to and abide by, and wail and truly keep and perform the c": 'pints, conditions and Oro vlsiors In the Sald agreement and any )Iteration thereof made as therein pro Vide C. On his Or the,' sort, to 9e kept and ber•ormed at the time and In the -anner [here spec;41ed, and In all 'espy acts according to their tl,- ind -'e,n I,,, and shall indemr • ( .' and save harmissr City, 'its :pants and e -o oyees, as there In t,pula:ei, '-' h,4 :• rpo; +at' :n shall o-u become 1 and void; 7t,ermise, it s-_'I to a -1 remm,e I1 for..a and effect. is a part of the obligation secured hared, and ,n a;'llt'on to the face a-0'ent SOe Cifi ad therefor, there S -aI1 be Inoluded Costs add reasonable C[penSeS and fees, ,ICI ud IIg It aSOnab le att,r,py'S food, c:Yred by City in SucCeSS`ully nnf0'c no s,Cn obligati on, al' to be tared as cost; and included in any j --td[ r- ndertd, ',he Surety hereby stlpul ates and agrees that no Change, extension of time, alt a at, on or ado, ti on to the terms of the agreement Or to tho wort to be perform ^d thereunder Or the SD-Ci- fiCatl... d::0lparrying the same shall in any.Isa af`.,t its cb! 'gatlon5 in this bond, and it does hereby waive notice of any Such cn a n d e, nita, Si on of time, alteration or ad d't i01 to tho te... Of the agreement or t0 the work or t0 the specificati015. 14 WITNESS WHEREOF, this instrument has been only executed by the origC,pal and surety above rarer, on Jo-.. 14, 19n Y epetlpn t ^5.a •. r.ns,:-c. bo did Ea:pt: - 1Developerl �>/uy=ty n9 ,gnature ,tar hey- ,n -FaC- Thcran I.JgppseSn PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED LABOR AND MATERIALMEN BOND Bord did. 960701 WHEREAS, the CIty Cc VIII of the City of Rancho Cuc im pngd, State of California, and -is_:es, : (hereinafter deS,gnated as "0r " ricI pa I nave .I ee-ed -to an agreement whereby principal agrees to install and complete certain de 5133 n at ed Du0l lc '•-01OV °n°nts, a'n ich Said a 9 r den ant. dated _ 1964 , and identified as prp)e pt Is nereby r=. rred to and made a part hereo : 3n0 - WHEREAS, Order the term, 0f said a r eOren t, Or IOClp al Is r °put red before entering upon the performance of the Work, to f l le a good and Siff I c I ent Payment pond with the City of Rancho ac anSnga to secure tie I alms to wn ch reference is made In it tie 15 ;CC,nencI n0 wl th Section 1002) of Part 4 of 0iv1 s on 3 of the Civil Code of the State of Callfo•nla. NOW, THEREFORE, said or i no i Pal and the undersigned as a corporate surety, are held firmly hound unto the City of Rancho :ucaTOrga and all Contractor,, S ubcoot•actoll, laborers, na0rl ill °r and Other persons a ^ -0IOyed In the Performance Of the aforesaid agreement and referred to in the aforesal^. Code Of Civ II Proce dare t the sum of 'cuson:" _ -ro" Doi IOr, (S - n 1, far mater:e'gs 'urllsned c Orly l aoor thereon of any alnd, on for -Y.OJ its due under the DnerDloyment ln5'dr an ce Act with respect to such wore or labor, that said surety will pay the sane In an amount not a, eedlhg the amount herelnabove at forth, and a:so In case 5plt Is brought upon this bond wl 11 pay in addition to the face a ^,punt thereof, costs and reasonable rpense, and fees, ,ncl,d :rig reasonable attorney's fees, incurred by City 'n succesSfully enforcing such Ob' patI.1, to be awarded art fixed the Court, and to be taxal as cost, and to be .luded In the )ud grlent therein ran eared. he-ory ¢+orts,I, S t I PU IIted all ac• •d tiat this bond wal' inule to tle ef.t of an)' all 'S. _ °5 an ^. :aration5 tie C; I- and°• -° ^ctng =n3 d to f•. r _ .° ° -tt S1-ve 3 zht of act 4 °0/ re, son 3 of ;ne '. Il ;.ode, so a5 l] g've d r':it of 3: t'gn to [he ^. ar Cn°lr ....... In :nV SJ'I 1,0 Oart '+Pan tats boll. Should the ,nd :;ill of this bond be -ally I,rf PrTed, t'nen this ObItaation Shall bec0-e null and Vbid, PtYerwlse It Sho" be any remain in full force and effect. The surety hereby stipulates and agrees that no change, extension Of time, alteration or addlti on to the terms of said agreement or the specifications accompanying the sane shall in any manner affect its Obligations an this band, and it does here- by waive notice of any such change, extension, al ter a t an or add l t on. 14 WITNESS ',HESECF, this Instrument has been duly executed by the Dei,ClDal and surety above named, 0n Jtlae 14, , 199 a Excellnn IrAuscpaes, Inc. Se aboav Su: et,' Coopa ny OeveloDer :ite / C,ice' :�f•- !' -: %' - BY' - algn atu re lattoyn ey -In -,act ThorAS K. Johcston PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SISNATORES MOST BE NOTARIZED l8 • l� u • • RESOLUTION NO. G8d5-61tR FL) - a a.o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 83 -20 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on May 25, 1984, by Excellon Industries as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the south side of 8th Street at Center Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Review No. 83 -20; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, 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. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, City C er jaa • �9 Jon D. MTFels, Mayor • RECORDING REQUESTED BY: CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 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: TRACT 9658 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 the 15th day of August, 1984, there was completed on the hereinafter described real property the work of improvement set forth in the contract documents for: TRACT 9658 4. The name of the original contractor for the work of improvement as a whole was: RICHNOOD DEVELOPMENT CO. 5. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: LOCATED ON 9TH STREET BETWEEN BAKER 6 MADRONE CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner • Date Lloyd B. Hubbs, y ng neer ao RESOLUTION NO. 4&4&-020 P4 — �' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9658 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 9658 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa 0 a� Jon 0. Mikels, Mayor • Vlll VL' L,CIl \V 4V VV VLlL,LVl \V['1 `' MEMORANDUMS , o F 6 U 1977 DATE: July 30, 1984 TO: Harry Empey, Finance Director FROM: Gary W. Richards, Code Enforcement Officer SUBJECT: RELEASE OF T.O.P. BONDS FOR CHEVRON CONSTRUCTION CO.,INC. Work for the following tract has been completed and the garantee bond is hereby authorized by the Planning Department for release to Chevron Construction Company, Inc., 2120 Wilshire Blvd., Suite 200, Santa Monica, California 90406. AMOUNT TRACT NO. LOT NO. OF BOND CASE NO. 9432 3 $150 70- 276 -401 PURPOSE/ LOCATION Sales office/ garage conversion on lot R3, Tract No. 9432. Thank you for your assistance; if you have any questions regarding this bond release, please call. GWR /das a 1 L J Vlll Vr 8Crl. Vl1V V ...aa as MEMORANDUM Date: august 7, 1984 To: City Council and City Manager From: Mary Whitney, Comm-unity Services Department Subject: Stoebe Home 1977 on August 1, 1984, the Historic Preservation Commission held an advertised Public Hearing to consider a recommendation to Council for Historic Landmark designation for the Charles Stoebe Home, located on the south /nest corner of 19th Street and Beryl. Mrs. Helen Hall, current owner of the home was present at the meeting and expressed her willingness regarding the landmark designation for her property. The Historic Preservation Commission finds that the Charles Stoebe home, constructed in 1895 and a past residence of a prominent Alta Loma family, has met the criteria established in Ordinance 70 and, therefore, recommends it be designated as a City Historic Landmark. /MM .�9 Y RESOLUTION NO. 84 -222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE CHARLES STOEBE HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LANDMARK WHEREAS, the City Council of the City of Rancho Cucamonga, California, has adopted Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation; and WHEREAS, the Rancho Cucamonga Historic Preservation Commission has investigated the historic significance of the Charles Stoebe Home and has held public hearings concerning this residence in accordance with Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation; and WHEREAS, the Historic Preservation Commission has found the Stoebe Home to be a significant historic feature of the City, and thereby recommends it for designation as a City Historic Landmark. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Rancho Cucamonga, California, as follows: The City Council finds and determines that the Charles Stoebe Home, located at 6110 Beryl, has met the criteria established for designation as a City Historic Landmark, and therefore, and with the recommendation of the Historic Preservation Commission, designates this site as a City Historic Landmark. PASSED, APPROVED, and ADOPTED this 15th day of August, 1983. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, y Clerk Jon U. Mikeis, Mayor ;;(v n • n U CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 15, 1984 - TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician r'' x 1977 SUBJECT: Intent to Annex Tract Nos. 12530, 12238, 12332 -1 and 12386 to Street Lighting Maintenance District Nos. 1 and 2 an Annexation No. 6 and No. 4 respectively and setting the public hearing for September 19, 1984 Attached for City Council approval are resolutions setting the public hearing for annexation of the above referenced Street Lighting Maintenance Districts. The Engineer's Report for both Districts showing the number of street lights, the number of lots to be annexed into each District and the estimated amount of assessment are attached for preliminary approval. The following is a list of tracts to be annexed: District No. 1 District No. 2 (Arterial) (Local Lights) Tract No. 12530 Tract No. 12530 Tract No. 12238 Tract No. 12238 Tract No. 12332 -1 Tract No. 12386 RECOMIENDATION It is recommended that City Council adopt the attached resolution setting the date of public hearing for September 19, 1984 and giving preliminary approval of the Engineer's Report. Respectfully sub itted, LBH:B : as Attachments a� July 3, 1984 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91730 Re: Tentative Tract #12386 Dear Mr. Hobbs: We are the developers of Tentative Tract #12386, consisting of 15 buildings totaling 54 units on approx. 4.5 acres located on Vineyard Ave. south of Foothill Blvd, in the City of Rancho • Cucamonga, California. We agree to have the tract included in the "Special Assessment District" for landscape and the "Special Assessment District" for lighting, as provided by the City of Rancho Cucamonga, California. Sincerely, TAC Development Corporation Terry Christensen, President TC:lc a� e7383HELLXk;NAVE. • RAXCHO CUWIONGk C.1LIFOR.YU►91730 • (714)989.1725• W.N.I. CORPORRT10n City of Rancho Cucamonga 9320 Baseline Road P. 0. Box 807 Rancho Cucamonga, CA 91730 Attention: Mr. Lloyd Hubbs Subject: Tract 12332 -1 SUITE 201 - 140 WEST COLLEGE STREET COVINA, CALIFORNIA 91722 • (819( 966 -6610 May 11, 1984 1�i t Gentlemen: By this letter, I hereby state my intention as • owner and developer of Tract 12332 -1, to join the Landscape and Lighting District as part of the subject tract's development. Walter H. Laband I cc: Associated Engineers Phil Douglas J.N. 82 -66A • .17 RONALD MARTIN & ASSOC. • A R C H I T E C T U R E E N G I N E E N N G C O M M U N I T Y P L A N N I N G February 16, 1984 375 -0200 City of Rancho Cucamonga P. 0, Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Lloyd Hubbs, City Engineer Regarding: Tract 12238 Dear Mr. Hubbs: - Please accept this letter as our intent to join the Landscape • and Street Light Districts of the'City of Rancho Cucamonga. If you have any questions please don't hesitate to call us, Sincerely, RONALD MARTIN AND ASSOCIATES J�� LI Rona d W. Martin, President RWM /kk - P.O. BOX 151 EL TORO. CA 92630.157 (714)581.1111 RONALD MARTIN & ASSOC ARCHITEC,JR� E`l G1�d EE RIgG CO �f dV VITV o�q.�;�IVG • February 16, 1984 375 -020b City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Lloyd Hubbs City Engineer Regarding: Tract 12530 Dear Mr. Hubbs: Please accept this letter as our intent to join the Landscape and Street Lighting Districts of -he City of Rancho Cucamonga. If you have any questions please don't hesitate to call us. • Sincerely, RONALD MARTIN AND ASSOCIATES �� Ronald W. Martin, President RWM /kk • P.O. 80% 157 EL TORO, CA 92630.157 (714(581.1411 a,f CITY OF RANCHO CUCAMONGA • Engineer's Report for Street Lighting Maintenance District No. 1 Annexation No. 6 for Tracts 12530, 12238, 12332 -1 and 12386 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Exhibit District No. 1. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on • arterial and certain collector streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot, SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as Indicated below. These costs are estimated only, actual assessments will be based on actual cost data. The estimated total cost for Lighting Maintenance District No. 1 (including Annexation No. 6 comprised of 185 lots and 6 9500L street lights and /or 9 5800L lights) is shown: 3r, 1. S.C.E. Maintenance and Energy: Lamp ize* Quantity Rate ** • 9 L g. 5800L 1 104 8.75 *High Pressuic 3UUIUTH Vapor Lamps Rate Mo's Total 147 X 9.90 X 12 = 17,463.60 104 X 8.75 X 12 = 10,920.00 Total Annual Maintenance Cost - 28,383.60 =7.21 /year /unit No. of Units in istrict 3,935 7.21 divided by 12 = 0.60 /mo. /unit Assessment shall apply to each lot.as explained in Section 6. SECTION 5. Assessment Dia ram Copies of the proposed Assessment Diagrams are attached to this report and • labeled "Street Lighting Maintenance District No. 1 ", Annexation No. 6. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. • 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. 3/ J EXHIBIT "A" Properties and improvements to be included within Annexation No. 6 of Street Lighting Maintenance District 1: Tract No. No. of units No. of Street Lights 12530 Lots 1,2,3 &4 (Only) 4 S.F. 5 (5800L) 12238 74 S.F. 4 (5800L) 12332 -1 53 S.F. 6 (9500L) 12386 54 P.H. 0 3 � -T—@ 5800L 6 @ 9500L RESOLUTION NO. - 89-- I6 -86eR � 4 - f T 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 WHEREAS, on August 15, 1984, 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 WHEREAS, the City Engineer has made and filed with the City Clerk of 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 be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses o ai3 work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and descr— ibe3 —in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in sa ssessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for Tiie purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: Tan a. Mikels, ayor ATTEST: Beverly A. Authelet, City Clerk Jag 3 2 ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 6 • I' II I 1 ( I F i ,.�. ^ °N, CPfY OF RANCHO CUCAMONGA Trace 12386 > � COUNTY OF SAN BERNARDINO STATE OF CALIFONI RA Im LLDYD NUBBS CITY ENGIN R .23889 GATE page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.1 ANNEXATION NO. 6 CITY OF RANCHO CUCAMONOA Tra c ct ; le , � 12238 �q COUNTY OF SAN BERNARDINO �i STATE OF CALIFORNIA im page 4 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. I I ANNEXATION NO. 6 i I f .. �Jllm RW6=0 -7-7 j r*A f % CITY OF RANCHO CUCAMONGA f4N 12530 Sr COUNTY OF SAN BERNARDINO A STATE OF CALIFORNIA Vs LLOYD HUNS. CITY ENGINEER RC &.23M -- N P29t ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 6 N.oSS %fogy; sr 's 3C y�— 2 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA N AYG HU89S, CITY ENGINFFF 2,c oaod. 1 r page • RESOLUTION NO. 08--19 97CR Pf - = ; ^` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 6 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION I. Descri tion of Work: That the public interest and convenience require an it is the intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. • SECTION 2. Location of Work: The foregoing described work is to be located with roadway rig— t�Ti � -way numerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 6 to Street Lighting Maintenance District No. 1 ". SECTION 3. Descri tion of Assessment District: That the contemplate�worlZ in the op nion o sai i y Cound 1, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 6 to Street Lighting Maintenance District No. 1" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * -has approv —e E e r� of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 1" is on file in the office of the City Clerk of said City. • Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. 14 A SECTION 5. Collection of Assessments: The assessment shall be • collected at the same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin : Notice is hereby given that on Septem eT984, a e our o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and L�1 ghting Act of 1972: All the work herein propos sTiall eb —done an vied t roug in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION 8. Publication of Resolution of Intention: Published notice shall be—m—ale suant to Section 61961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily Re ort, a newspaper of general circulation published in the City of Ontario, Lalifornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mike s, Mayor Beverly A. Authelet, City Clerk Jaa • RESOLUTION NO. J y — a Zr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2 WHEREAS, on August 15, 1984, 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 WHEREAS, the City Engineer has made and filed with the City Clerk of 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 be modified in any respect. NON, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and expenses of said work and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and described in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in said Assessment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for the purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984, AYES: NOES: ABSENT: Jon a s, ayor ATTEST: Beverly A. Authelet, City er jaa • CITY OF RANCHO CUCAMONGA Engineer's Report for Street Lighting Maintenance District No. 2 Annexation No. 4 Tracts 12530 and 12238 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Exhibit District No. 2. The City Council has be maintained will have an effect upon as on the lots directly abutting the Work to be provided for with the ,assessments established by the district are: The furnishing of services and mater 4 1s for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. esf�lmated total cost for Lighting Maintenance District No. 2 (inc u �hde ing nnexation No. 4 comprised of 78 lots and 41 street lights) is shown: 7// 1. S.C.E. Maintenance and Energy: • Lamp Size* Quantity Rate ** 5800L 293 3. 5 *High Pressure Sodium Vapor * *SCE Schedule LS -1. All night service per map per month, effective January 1, 1983. Lamps Rate Mo's Total 293 X 8.75 X 12 = 30,765.00 Total Annual Maintenance Cost = 30,765.00 =36.54 /year /unit No. of Units in District —RT- 36.54 divided by 12 = 3.05 /mo. /unit Assessment shall apply to each lot,as explained in Section 6. SECTION 5. Assessment Diagram Copies of the proposed Assessment Diagrams are attached to this report and • labeled "Street Lighting Maintenance District No. 2 ", Annexation No. 4. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and • determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves tti,lindividual asst ;ants. • EXHIBIT "A" • U Properties and improvements to be included within Annexation No. 4 of Street Lighting Maintenance District 2: Tract No. No.-of Units No. of Street Lights 12530 4 S.F. 1 12238 14 S.F. 40 Y3 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 4 1 i i CITY OF RANCHO CUCAMONGA w COUNTY BERNARDIN0 , \ c �E STAT!L—E—NOIN ALIFORNIA ,� T s'Y lv LLOYD MJ885 R. i .2:899 DATE page 12386 ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 4 Nom.__. ... IIkY9JMkr� � ... fn,xa r 'r'...... ' .;, ••__ r ✓ ��e. nar• l2 E-� x. � .•`53 .x .. � tips � nx n .r �p rvs��f ���e. .• , 1. �S�x pof;• CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO 8TATE OF CALIFORNIA LLOYD MJ88S. _ N FR g�j Past I ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION NO. 4 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO n p2�••,��� SATE OF CALIFORNIA T c� _.Js yco lv page 12238 I ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ANNEXATION No. 4 0 L CITY OF RANCHO CUCAMONGA r, a, CIT COUNTY OF SAN BERNARDINO A STATE OF CALIFORNIA LOYD HUBBS. CITY ENGIN q7 -- N U& 23139 _BLIL_ fAT E pose 12530 RESOLUTION NO. 08= iT99Cit B' �, 1:, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 2; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descri lion of Work: That the public interest and convenience require an it is t e ntention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those street lights the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any lighting and related facilities in connection with said district. SECTION 2. Location of Work: The foregoing described work is to be located within roadway right -o -way enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 4 to Street Lighting Maintenance District No. 211. SECTION 3. Descri Lion of Assessment District: That the contemplated work, in the opinion o said City Counci 1, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 4 to Street Lighting Maintenance District No. 2" maps is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolution No. * —Fa approved t eel reporC of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Street Lighting Maintenance District No. 2" is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. 411P SECTION 5. Collection of Assessments: The assessment shall be • collected a— t e same time and in the same manner as County taxes are collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearin : Notice is hereby given that on September i�T984, at the our o pm in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping and Lighting Act of 1972: All the work herein proposed shall be carr i eded rt iroough in pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. SECTION 8. Publication of Resolution of Intention: Published notice shall be made pursuant to Section 61961 of the Government Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Dail Re ort, a newspaper of general circulation published in the City of Ontario, a i ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa ys Jon D. Mikels, Mayor 0 • L nTMU nP. n n XTOUA OTTO n IMAN70 n V Q STAFF REPORT o F' Z �i DATE: August 15, 1984 19" TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Intent to Annex Tract Nos. 12386, 12332 -1, 12238 and 12530 to Landscape Maintenance District No. 1 as Annexation No. 19 and setting the public hearing for September 19, 1984 Tracts 12238 and 12530 located on the northwest corner of Church Street and Hellman Avenue received final Council approval on June I, 1984; Tract 12386 located east of Vineyard Avenue and north of Arrow Highway received final Council approval on July 18, 1984; and Tract 12332 -1 located on the east side of Haven Avenue at the North City Limits received final Council approval of August 1, 1984. Attached for City Council approval is a resolution declaring the City's intent to annex the above described tracts to Landscape Maintenance District No. 1 and setting the public hearing date for September 19, 1984. Also attached for preliminary approval is the Engineer's Report for the annexation. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Engineer's Report and setting the date of public hearing for September 19, 1984. Res ectfully s bmitted, i L H: :'aa Attachments So UH.l. CORPOROTIOn City of Rancho Cucamonga 9320 Baseline Road P. 0. Box 807 Rancho Cucamonga, CA 91730 Attention: Mr. Lloyd Hubbs Subject: Tract 12332 -1 Gentlemen: SUITE 801 - 160 WEST COLLEGE STREET COVINA, CALIFORNIA 91723 (916( 966 -6818 May 11, 1984 r -Y 'y By this letter, I hereby state my intention as owner and developer of Tract 12332 -1, to join the Landscape and Lighting District as part of the subject tract's development. �; u- (,,/mil -� ,��`(aE�•e��,..L Walter H. Laband J CC; Associated Engineers Phil Douglas J.N. 82 -66A 5� RONALD MARTIN & ASSOC. A R C H I T E C T U R E . E N G I N E E R I N G . C O M M U N I T Y P L A N N I N G • February 16, 1984 375 -0200 City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Lloyd Hubbs, City Engineer Regarding: Tract 12238 Dear Mr. Hubbs: Please accept this letter as our intent to join the Landscape and Street Light Districts of the City of Rancho Cucamonga. • If you have any questions please don't hesitate to call us. Sincerely, RONALD MARTIN AND ASSOCIAT S r� . Ron Martin/; , President RWM /kk 11 P.O. BOX 157 EL TORO. CA 92630.157 (710 581.1111 51 T. July 3, 1984 Mr. Lloyd Hubbs City Engineer City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA. 91730 Re: Tentative Tract #12386 Dear Mr. Hubbs: We are the developers of Tentative Tract #12386, consisting of 15 buildings totaling 54 units on approx. 4.5 acres located on Vineyard Ave. south of Foothill Blvd. in the City of Rancho • Cucamonga, California. We agree to have the tract included in the "Special Assessment District" for landscape and the "Special Assessment District" for lighting, as provided by the City of Rancho Cucamonga, California. .I L Sincerely, TAC Development Corporation Terry Christensen, President TC:lc .7333HELLMANAVE. • RANCHO CUCAJIONG.3,,,CALIFORNIA91730 . (714)989.1725• RONALD MARTIN & ASSOC ARCHITECTJ'RE • ENGINEERING • COMMUNITY PEA N N14G • February 16, 1984 375 -0200 City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Lloyd Rubbs City Engineer Regarding: Tract 12530 Dear Mr. 4ubbs: Please accept this letter as our intent to join the Landscape and Street Lighting Districts of the City of Rancho Cucamonga. If you have any questions please don't hesitate to call us. • Sincerely, RONALD MARTIN AND ASSOCIATES Ronald W. Martin, President RWM /kk • P.O. BOX 157 EL TORO, CA 92890.157 (714) 581.1411 :TY . CITY OF RANCHO CUCAM04GA Engineer's Report for ANNEXATION NO. 19 to the Landscape Maintenance District No. 1 for Tracts 12386, 12332 -1, 12238 and 12530 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1912). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance District No. 1. The City Council has determined that the areas to be maintained will have an effect upon all lots within Tracts 12386, 12332 -1, 12238 and 12530 as well as on the lots directly abutting the landscaped areas. All landscaped areas to be maintained in the annexed tracts are shown on the Tract Map as roadway right -of -way or easements to be granted to the City of Rancho Cucamonga. SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tracts 12386, 12332 -1, 12238 and 12530 The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract Map and the assessment diagrams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by developers. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (E.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. S,y The estimated total cost for Landscape Maintenance District No. 1 (including Annexation No. 19 comprised of 39,224 square feet of landscaped • area) is shown below: Total Annual Maintenance Cost $.30 X 504,737 square feet" = $151,421.11 Per Lot Annual Assessment $151,421.11 divided by 3686 = S41.08 Per Lot Monthly Assessment $41.08 divided by 12 = $3.42 Assessment shall apply to each lot as enumerated in Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report and labeled Exhibit A ", by this reference the diagram is hereby incorporated within the text of this report. • SECTION 6. Assessment Improvement for Annexation No. 19 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1985 to determine the actual assessments based upon the actual costs incurred by the City during the 1984/85 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events I. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. • 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. S(. RESOLUTION NO. 48= -T5 =04ER % y— a • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, on August 15, 1984, 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 WHEREAS, the City Engineer has made and filed with the City Clerk of 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 be modified in any respect. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the Engineer's Estimate of the itemized costs and • expenses of stork and of the incidental expenses in connection therewith, contained in said report be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: That the diagram showing the Assessment District referred to and describ�in said report, the boundaries of the subdivisions of land within said Assessment District are hereby preliminarily approved and confirmed. SECTION 3: That the proposed assessment upon the subdivisions of land in saiJ sment District in proportion to the estimated benefit to be received by said subdivision, respectively, from said work and of the incidental expenses thereof, as contained in said report is hereby preliminarily approved and confirmed. SECTION 4: That said report shall stand as the City Engineer's Report for purposes of all subsequent proceedings, and pursuant to the proposed district. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: • ATTEST: ABSENT: Jon 0. Mikels, Mayor Beverly A. Authelet, City Clark Jaa 5 7 RESOLUTION NO. 4S -1&G%R � ' - ;2 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING ITS INTENTION TO ORDER THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1, AN ASSESSMENT DISTRICT: DESIGNATING SAID ANNEXATION AS ANNEXATION NO. 19 TO LANDSCAPE MAINTENANCE DISTRICT NO. 1; PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California, as follows: SECTION 1. Descri tion of Work: That the public interest and convenience require an it is t e intention of this City Council to form a maintenance district in the City of Rancho Cucamonga for the maintenance and operation of those parkways and faciliites thereon dedicated for common greenbelt purposes by deed or recorded subdivision tract map within the boundaries of the proposed maintenance district described in Section 2 hereof. Said maintenance and operation includes the cost and supervision of any sprinkler system, trees, grass, plantings, landscaping, ornamental lighting, structures, and walls in connection with said parkways. • SECTION 2. Location of Work: The foregoing described work is to be located wit in roadway rig t -o -way and landscaping easements of Landscape Maintenance District No. 1 enumerated in the report of the City Engineer and more particularly described on maps which are on file in the office of the City Clerk, entitled "Annexation No. 19 to Landscape Maintenance District No. 1 ". SECTION 3. Descri tion of Assessment District: That the contemplated work, in the opinion o said ity Council, is of more than local or ordinary public benefit, and the said City Council hereby makes the expense of the said work chargeable upon a district, which said district is assessed to pay the costs and expenses thereof, and which district is described as follows: All that certain territory of the City of Rancho Cucamonga included within the exterior boundary lines shown upon that certain "Map of Annexation No. 19 to Landscape Maintenance District No. 1" heretofore approved by the City Council of said City by Resolution No. *, indicating by said boundary lines the extent of the territory included within the proposed assessment district and which map is on file in the office of the City Clerk of said City. SECTION 4. Report of Engineer: The City Council of said City by Resolutiono.'�Tias approved the report of the engineer of work which report indicates the amount of the proposed assessment, the district boundary, assessment zones, titled "Engineer's Report, Annexation No. 19 Landscape Maintenance District No. I . is on file in the office of the City Clerk of said City. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work. s' 4 SECTION 5. Collection of Assessments: The assessment shall be collected at the same time an in t e same manner as County taxes are • collected. The City Engineer shall file a report annually with the City Council of said City and said Council will annually conduct a hearing upon said report at their first regular meeting in June, at which time assessments for the next fiscal year will be determined. SECTION 6. Time and Place of Hearing: Notice is hereby given that on September 19, 1984, at the F_ ui . pm -in the City Council Chambers at 9161 Base Line, in the City of Rancho Cucamonga, any and all persons having any objections to the work or extent of the assessment district, may appear and show cause why said work should not be done or carried out or why said district should not be formed in accordance with this Resolution of Intention. Protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and must be delivered to the City Clerk of said City prior to the time set for the hearing, and no other protests or objections will be considered. If the signer of any protest is not shown upon the last equalized assessment roll of San Bernardino County as the owner of the property described in the protests, then such protest must contain or be accompanied by written evidence that such signer is the owner of the property so described. SECTION 7. Landscaping andd1 hltin Act of 1972: All the work herein proposed shall a done ne and carried — gn n� pursuance of an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California. • SECTION S. Publication of Resolution of Intention: Published notice shall be made pursuant to Section a the overnment Code. The Mayor shall sign this Resolution and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published 10 days before the date set for the hearing, at least once in The Daily Re ort, a newspaper of general circulation published in the City of Ontario, calitornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. M ke s, Mayor 9 C, i ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 19 0 CITY OF RANCHO CUCA%IONGA I ENGINEERING DIVISION s VICINITY MAP nn N ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 • ANNEXATION NO. 19 0 • ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 19 slp'0`0 '^ CITY OF RANCI40 CUCAMONGA ' ENGINEERING DIVISION z i 6 > VICINITY MAP N Tract 12590 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 19 ccc��i CITY OF RANCI IO Cl'CA \10 \CA ti' Y/1 C� i�_ ENGINEERING DIVISION t� VICINITY MAP ATract N 12238 page CITY OF RANCHO CUCAMONGA STAFF REPORT Lw* DATE: August 15, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: APPEAL OF CONDITIONS OF APPROVAL OF PARCEL MAP 8583 The applicant's letter of appeal sets forth four conditions placed on Parcel Map 8583 at its approval by the Planning Commission on June 28, 1984. The items and objections are summarized below, along with reasons for the approved conditions. Please refer to the appliant's letter for details of his objections: First Item: This is an objection to the undergrouding of existing overhead power lines and to the requirement of a lien agreement to postpone the work to a future date not certain. Analysis: The current City Municipal Code sections dealing with subdivisions • requires the undergrounding of all overhead utilities not exempt by the Public Utilities Commission. In order to grant the applicant appeal on this condition would required the legal amendment of the applicable code. In the past, we have had considerable difficulty in enforcing the provisions of this section in both the design and construction phases. For this reason and what would appear to be legitimate questions of equity, we are reviewing our undergrounding policies. A report will shortly be presented to the Planning Commission for their review and recommendations to the City Council. Until this policy issue can be fully resolved, we have been recommending that a Real Property Improvement Contract and Lien Agreement be executed to provide for future undergrounding. Many developers have complied with these conditions in the past. ALTERNATIVES: 1. Grant the appeal and order the appropriate ordinance modification. 2. Uphold the Planning Commission condition. 3. Provide alternate agreements and bonding of improvements to secure undergrounding while the policy issue is determined. • continued.... 6y CITY COUNCIL STAFF REPORT Appeal of Conditions of Approval of Parcel Map 8583 August 1, 1984 Page 2 • Second Item: Removal and Reconstruction of Hellman Avenue. Analysis: This condition is a standard condition for street construction on our major water carrying streets. Full concrete removal and minimum six inches of asphalt concrete has shown to be necessary to prevent erosion, pavement uplift, pealing of asphalt overlays and reflective cracking. This condition has prevailed in all locations throughout the City since before incorporation. To offset the cost of reconstruction, the City will participate in the western half of the street. Drainage fees can only be credited to Maseter Plan facilites which the street construction is not. ALTEHNATIYES: 1. Uphold Planning Commission condition. 2. Increase City participation. Staff cannot recommend a lesser level of construction as being cost effective. Third Item: Condition requires full construction of Hellman Avenue at time of development of either parcel. Analysis: The applicant requests that construction only be required on the • parcel being developed. This would result in an unusually sharp transition and bottleneck for a short distance and, in addition, expensive interim transition structures to prevent flood damage. The parcel just northerly of the subject development is currently being widened and the subject property is the last remaining bottleneck to south of Ninth Street. Staff recommends retention of the proposed condition with no alternates. Any other approach would involve City exposure to potentially hazardous conditions and maintenance expenses. Fourth Item: Provision of utility services to the parcel not being developed is found objectionable. Analysis: This is a requirement to which objection is seldom received. The reason for it is to avoid cutting trenches in the new pavement within a few years. In any given development district, the utility lines can be stubbed out to the curb with sufficient precision in sizing to accommodate future uses. Likewise, location can be adjusted on -site. Hcommendation: The utility service condition should stand. Respectfully submitted, LB 'PAR:jaa • Attachments (o S 16.36.050 -- 16.36.090 under the Landscaping and Lighting Act of 1972. (Ord. 28 §5.5, 1978). 1.6.36.050 Required improvements. A. All improvements shall be required as conditions of approval of the tentative map by city ordinance, including but not limited to the following: Requirements for construction of on -site and off -site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map, and will be a requirement of the tentative map for proposed streets. B. Completion of improvements shall be in accordance with Sections 16.36.430 through 16.36.450. (Ord. 28 -B §1.702.1, 1981). 16. 36.060 Recuired improvements - -Storm drainace. Storm - water runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed. The storm drain system shall provide for the protection of abutting and off -site properties that would be adversely affected by any increase in runoff attributed to the development; off -site storm drain improvements may be required to satisfy this requirement. (Ord. 28 -8 51.702.3, 1981)." 16.36.070 Re aired im rovements-- Sanitar sewers. l\ Each unit or lot within the su division s a 11 be served by an approved sanitary sewer system unless otherwise approved by the Cucamonga County water district or other such purveyor. (Ord. 28 -B §1.702.4, 1901). 16.36.080 Re aired im rovements-- llater su ply. Each unit or lot within the sub ivision shall be served by an approved domestic water system. (Ord. 28 -8 §1.702.5, 1981). 16.36.090 Reovired improvements -- Utilities. A. Each unit or lot within the subdivision shall be served by city approved utility services; gas (if required), electric, telephone and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations. B. The city council may at its discretion accept a fee in lieu of the undergrourding of existing facilities along peripheral streets. The amount of fee shall not be less than the amount established by the city engineer for the normal cost of undergrounding of existing utilities; provided, however, no payment in lieu of installing underground facilities :•Editor's Note: Ord. 28 -B was published without a Section � .2. 1 (Rancho Cucamonga 1/82) 246 -24 66 • • Jon D. Mikels, Mayor, and Members of the City Council of The City of Rancho Cucamonga PO Box #807 Rancho Cucamonga, California 91730 CITY 0 RANCHO cucAl ONGA ADMINISTRATION JUL -91984 T1%9' V41'�%y3��I,,�s"�.Pr ^s"r+wleuly 5, 1984 A As agent for Mrs. Eleanor Carpenter and Mrs. Marjorie Porter, owners of the land contained in Tentative Parcel Map No, 8583, 1 hereby appeal the conditions placed on approval of said Map by the Planning Commission of the City of Rancho Cucamonga in public hearing held on June 28, 1984. This appeal applies to the following items in the Conditions of Approval, provided by the office of the City Engineer: First Item: Page 2, Surety, #2. "AMien agreement must be executed prior to re- cording of the map for the following: for future undergrounding of utility services (along Hellman and 9th Street)." Reasons for Appeal: 1. This site is in an established industrial area and has existing 12KV lines which run across the subject property and carry electrical service to a number of adjacent properties. There are more than 40 acres of un- developed land in the immediate vicinity, and the Edison Company may need to upgrade these lines to 14KV to provide adequate service to the industrial users who will be locating there. This puts the advisability of underground - ing the lines in serious doubt, as the Edison Company does not want their 14KV lines undergrounded at all, and the costs of doing so with any exist- ing lines are far in excess of any benefit theoretically realized therefrom by the City. 2. Current cost estimates of $100 per lineal foot indicate a cost on this particular site of $90,000.00, or 520,000.00 per acre. Such costs are clearly excessive, and neither the City nor the utility company has any form of reimbursement for the landowner. To force one or two landowners to foot the bill and let the majority off scott free is inequitable and unfair. We understand that the City Engineer is aware of this problem and is considering the recommendation that this requirement be removed from future conditions of approval in the existing industrial areas. :r 3. The lien agreement itself is In a form not acceptable in business • dealings with others. Even if some owners feel they can live with such a knife at their throats, no attorney representing a prospective purchaser or tenant will advise his clients to acquire a site with such a threat a- gainst it. It is in effect a blank check that could be drawn in any amount, at any time, and provides for the forced sale of the property, without legal recourse by the landowner, to pay the bill. Requested Action: Delete the requirement to underground the existing 12KV lines in established industrial areas, and delete the requirement of a lien agreement to secure such an unnecessary program. This is an extreme measure to secure a project which to all accounts is on the bottom of the priority list, won't be done in decades, if at all, and which is excessively costly, inequitably assessed and inappropriately applied in this case. We suggest that if the people of the City of Rancho Cucamonga wish this project to be done, they can indicate their will in a bond election, and we will cooperate as good cit- izens in a fair assessment of the costs to all those who benefit. Second Item: Page 5, General Requirements and Approvals, k12. "Existing P.L.C. • pavement on Hellman Avenue beyond centerline of street shall be removed and be replaced with asphalt concrete pavement a minimum of six inches thick. The cost of constructing the westerly half of the street shall be credited towards Systems Developent(sic) Fee or other reimbursement by the City." Reasons for Appeal: We appreciate the attempt here by the City Engineer to help defray the costs of redoing the whole street, on both sides of the center- line. We must point out that the up- grading of Hellman to 6 Inches of black- top is because that part of Hellman Avenue carries water runoff of an area from Cucamonga Creek to Archibald Avenue, and sometimes as far north as the foothills. Requested Action: Since this is a City -wide problem, any increases in the require- ments for Hellman Avenue above the standard, should be similarly defrayed through credit against the storm drain fee; since that is really the nature of the improvements involved. Third Item: Page 5, General Requirements and Approvals, #11. "Improvement of • Hellman Avenue shall be constructed along the entire frontage of the map at the time of development of either of the parcels, Construction of 7 • Ninth Street shall be done at the time of development of Parcel 2." Reasons for Appeal: To require installation of full street improvements, much less the upgraded Hellman Avenue to full width, before the actual deve- lopment of site 2, will force the sale of that property because the owners cannot afford to spend the money required for these improvements. A credit arrangement for part of those costs won't help because the fees in question are keyed to the development of the site. Stubbing utilities into the pro- perty could easily be useless because of the wide variation in needs among industries. A stub could easily be the wrong size or in the wrong location, and the street will have to be torn up anyway. The probable patching of a street surface subject to heavy water runoff, and the breaking up of ex- pensive curb and gutter for driveways could all be avoided, because it could all be done properly once and for all when a user builds on the site. Any economies of scale achieved by doing the whole job at once are quickly out- weighed by these other costs and the costs of borrowing the money if any Tender would consider such a loan. • Requested Action: Let the ultimate user of each lot widen the street when they develop. Fourth Item; Page 4, General Requirements and Approvals, N3. "Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street construction." Reasons for Appeal: Since an industrial user's potential utility requirements are difficult if not impossible to predict, it is a much better situation if the utility size and location are determined at the time of and in concert with that user's development plan. No development or use of this site is contemplated now or in the near future: the sale of the north 2 Acres to a neighbor, Maury Microwave, is for their future plant expansion needs. To put gas, water, or sewer lines into the site when those lines could be more cheaply supplied from Maury's existing site, would be an unnecessary waste. If the city's concern is that Hellman might be dug -up later caus- ing erosion potential in the rainy season, we must point out that the uti- lity stubs could be In the wrong places, or the user might want fire sprink- ler lines and the new street will be dug up anyway. It would be much better to wait until the user's needs are known and do the whole thing properly. o99 4 Requested Action: As with item three, let the street improvements be keyed to the • development of each site. To let each site develop individually will add no new bottlenecks. Thank you for your time in considering this appeal. Sincerely, StIphen D. Lucas 170 • CITY OF RANCHO CUCAMONGA MEMORANDUM August 10, 1984 TO: City Council and City Manager FROM: Mark Lorimer, Administrative Analyst SUBJECT: Mobile Home Annual Rent Adjustment Ordinance CUCAAfok f z," At Wednesday nights' meeting, the City Council will consider the attached ordinance prepared by the mobile home park subcommittee, the tenants committee and a committee of park owners. Basically, the ordinance calls for an annual maximum rent adjustment based upon 1004 of the consumer price index. Additional increases in rent may also be allowed in cases where a park owner receives governmentally imposed increases in taxes, assessments, etc. The Proposed ordinance does not provide for mediation or binding arbitra- tion. The ordinance further provides for the creation of a five - member tenants committee in each of Rancho Cucamonga's eight parks, and the provision whereby all park owners shall provide the City Clerk with rent and lease information applicable to all mobile home spaces. The intent of the tenants committee is to provide adequate representation for all park tenants, as well as to create a responsible body which may communicate and attempt resolve of certain park problems and concerns with the park owner. Additionally, the ordinance calls for a "sunset clause" of the rent adjustment section (8.10.060) in the event that the park owner offers a lease to the tenants which compares with the rent adjustment provisions of the ordinance. The intent here is to provide an incentive for park owners to offer "fair and reasonable" leases, while also providing an incentive for tenants to accept such lease rather than rely on the ordinance for future security. It would be hopeful, then, that within a year's time, all mobile home parks within the City be on long -term leases, and the need for the rent adjustment provisions of the ordinance cease to exist. r%/ 1977 Mobile Home Ordinance • August 10, 1984 Page 2 Overall, the proposed ordinance has received general acceptance by the tenants committee and the park owners. Throughout the past week, the Council subcommittee has met with virtually all parks, and have explained the conditions of the ordinance to those in attendance at the park meetings. The general impression is that the tenants approve of the provisions of this draft. RECOMMENDATION It is recommended that the City Council open the public hearing and conduct the first reading of the ordinance. Staff is available for further clarification or discussion pertaining to this proposed draft. ML:ml F7.-j- • • ORDINANCE 40. 231 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR AN ANNUAL MAXIMUM RENT ADUUSTMENT The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Chapter 8.10 of the Rancho Cucamonga Municipal Cade is hereby amended to read as follows: Chapter 8.1 Nubile Name park Aenual f fa Rant Adjustmeet: The Sections to be included will be as follWS: 9 ^3 8.10.010 Findings, Purpose and Intent. 8.10,020 Definitions 8.10.030 Applicability 8.10.010 Mobile Home Park Regist, ation 8.10.050 Mobile Hone Park Tenants Committees 8.10.060 Rent Adjustment 8.10.070 Reduction in Services 8.10.080 Enforcement 8.10.090 Retaliation 8.10.10D Severability 8.10.110 RAVI" by City Council SECTION 8.10.010 FINDINGS, PURPOSE AM INTENT There exists within the City of Rancho Cucamonga and the surrounding areas a serious shortage of mobile home rental space, which has resulted in low • vacancy rates and rising space rents. Further, because of the high cost Of homes, the for damage resulting therefrom, the moving mobile Potential requirements relating to the installation of mobile homes, including permits, landscaping, and Site preparation, the lack of alternative home sites for mobile home residences and the substantial investment of Wbilt bane Owners in such homes, there exists a virtual monopoly in the rental of mobile home park spaces. Accordingly, the City Council finds and declares that it is necessary to protect the residents of mobile homes from unreasonable space rent increases, while At the same time recognizes the need of mobile home park owners to "calve A Just and reasonable income sufficient to cover the costs of repairs, maintenance. Insurance, employee services, additional amenities and other operations. Further, the City Council finds that decisions of a rent stabilization board or similar decision making body do not necessarily fulfill the intent of protecting home unreasonable r foraae t o se decisions ions always just and reasonable into me sufficient to operate a mobile ham park. The City Council also finds that concerns Among residents and owners of mobile home parks over rent Increases and other park related situation can often be best resolved between the two parties, providing there exists the incentive for both parties to negotiate in good faith and reach agreement. The intent of this chapter, then, 1s to protect mobile home bark residents from unreasonable space rent increases, while providing an incentive to both park owners and residents to negotiate future rental contracts in good faith and to reach agreement therefrom. 9 ^3 Ordinance No. 231 Page 2 SECTION 8.10.020 DEFINITIONS • I. "Committee' shall mean the mobile home park tenants co mittee created in each mobile home park and established by this ordinance. 2. - "Concern" shall mean that situation occurring within a mobile ham park which is determined to disadvantage a majority of the park tenants or property. 3. 'Consumer Price Index' shall mean the Consumer Price Index for all urban consumers (CPI -U) published for the Los Angeles -Long Beach - Anaheim area published by the Department of Labor Statistics. 1. "Mobile home" shall mean a vehicle, other than a motor vehicle or recreational vehicle, designed or used for humn habitation. 5. "Mobile Name Park" shall mean any area of land wi Min the City of Rancho Cucamonga where two or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation. 6. "Mobile Home Space" shall mean the site within a mobile ham park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or accommodation of a recreational vehicle. 1. "Owner' shall mean the owner or operator of a Mobile home park or an agent or representative authorized M act on said owner's or operator's behalf in connection with the maintenance or operation of such park. 8. "Rent" shall mean the consideration, including services, amenities, and benefits in connection with the use and occupancy of a mobile • ham space. 9. "Tenant" shall mean any perscn entitled to occupy a Mobile home dwelling unit pursuant to ownership thereof or rental or lease arrangement with the owner of the subject dwelling unit. SECTION 8.10.030 APPLICABILITY 1. The provisions of hits Ordinance shall apply to any mobile ham park and mobile home space within the City of Rancho Cucamonga. 2. Section 8.10.060 of this Ordinance shall not apply to tenancies covered by leases or contracts, at the effective date of this chapter, which provide for more than a month-to -month tenancy, but only for the duration of such lease or contract. Upon the expiration or other termination of any such lease or contract, all provisions of this chapter shall immediately be applicable to the tenancy. 3. None of the provisions of this Ordinance shall preclude a while home park tenant from entering into a written lease or contract with the park owner. e. In the event any Mobile home park owner offers to the tenants a lease, applicable to a period of not less than three U1 years In duration, providing for in annual rent adjusMent which when computed does not exceed the maximum rent adjustment allowed in Section 8.10.060 13c) of this chapter, then such lease shalt supersede and Section 8.10.060 of this chapter shell not apply to those mobile home spaces offered such lease. r1 Li 7J Ordinance No. 231 Page 3 In the event that the tenants' committee finds discrepancy with the proposed lease as exceeding that maximum adjustment computed according to Section 8.10.060 of this chapter, then the City shall determine if such lease satisfies the provisions of Section 8.10.060141 and further if the provisions of Section 8.10.060(4) shall not apply to those mobile home spaces offered such lease. The decision of the City Manager shall be final. Such lease shall be offered to tenants at least sixty (60) days prior to the effective date of a rent adjustment and all tenants considering such lease shall be granted at least sixty (60) days in Which to notify the park Owner of their intent to enter into agreement. ACTION 6.10.040 IOOILE MORE PARK REGISTRATION Within sixty (60) days of the effective data of this chapter, all park Owners subject to the provisions of this chapter shall be required to file with the City Clerk a rent Registration Statement for each rental unit affected by this chapter. The City Clerk shall devise such registration forms so as to call for information necessary to carry out tht purposes and policies of this chapter, and shall Mil such forms to all mobile home park owners in the City in sufficient time as to allow such park Owners to file their Registration Statements by • . The City Clerk shall forward a certified copy of the registration statement to the tenants' committee. All rental units shall be registered annually, beginning " and by no later than • of each year thereafter. No rent Increases permitted under this chapter shall be allowed to park goers who have failed to properly register all mobile home spaces. ACTION 8.10.050 MOBILE NONE TENANTS' COMMITTEES • 1. C£Ntion of: Within sixty (60) days of the effective date of this chapter, each mobile home park within the City shall create, by special election of the park residents, a five - member tenants' committee. The City Clerk shall call for and schedule such spatial election for each park at an appropriate time when such election may be held. residents with intent to serve on such committee shall be nominated by one other park resident, and shall submit the appropriate Intent forms to the City Clerk within five (5) days prior to the date of the spwlai election. The City Clerk shall create such Intent forms as to Call for Information applicable to the election. Each park resident may cast one vote and those five nominees receiving the most votes shall he elected to the tenants' committee. A representative of the City shall be in attendance at the special election to conduct the election proceedings and to verify the election results upon completion of the ballot caucus. The City representative shall not vote or influence any vote. 2. ►wen and Usti ft of: Except as otherwise provided may law, the tenants' com ittes shall have the foil Owing powers and duties: (a) Meet to discuss problems and concerns within the Mobile home park and when necessary to recommend further action on such probl mms and concerns. (b) Inform all residents of the park es to developments of proposed rent increases and other park concerns. (c) Negotiate with the park Owner In order to resolve tenant concern%. It shall be Presumed that the Intent of good faith nagotiatlon as established under this chapter shall be • practiced by the park owner and tenants' committee to attempting to reach aq IaMnt end resolve tenant concerns. Ordinance U. 231 Page 0 (d) Elect one of Its members to serve as chairman, one to serve • as vice- chairman, and one to serve as secretary. The chairman shall preside at all committee meetings and shall exercise general supervision of the affairs and activities of the committee. The vice -chai nnan shall ass" the duties and powers of the chairman in the event of the chairman's absence. The secretary shall record and maintain all minutes of actions and meetings for the committee. (e) Any action of the committee shall require affirmative votes of not less than a quorum, except that less than a quorum may adjourn a meeting sine die or to a specified time and place. A quorum shall consist of a majority of the members not counting vacant positions. SECTION 8.10.060 RENT AOJUSTWff 1.. Advance Notice Of: At least sixty (601 days prior t0 the effective date of a rental adjustment. the pa,x Owner or representative shall serve all mobile home residences, either personally or by mail, with notice of the proposed adjustment in accordance with State law. Said notice shall also include the recent consumer price Index as established by the City Manager. Within three (3) days Of notice to park tenants of a rent adjustment, the park owner or representative shall provide the City Clerk with the following information: (a) The effective date of the noticed adjustment. (b) Identification of the tenants or while home spaces affected. (c) The amount of the rent prior to the effective date of the • notice for each of those Mobile home spaces. Id) The amount of the increase (in dollars) for each of those while home spaces. (e) The quantity and identity of tenants or spaces under lease or contract. 2. Period of: No rental adjustment shall be noticed or permitted or enforced more frequently than once every 36S days per mobile hoe park. 3. Maxim Allowable Adjustment: (a) Once each year, park Owners shall be permitted to charge rents in excess of that which they are lawfully charging during the previous year based upon the Consumer Price index as established by the City Manager. The first annual adjustment permitted hereunder will be based upon the percent change in the Consumer Price Index from August 1983 to July 1984. (b) Monthly, beginning on the effective date Of this chapter the City Manager shall determine the most recent published consumer price index. The City Clerk shall record the current consumer Price Index and shall notify each park owner of such upon request. (a) Coputation of rent Increases allowable under this section shall be according to the following formula: • '7L Ordinance No. 231 Page 5 Subtract the previous year's CPT index number from the most recent CPI index number. The resulting figure is the Index point difference. Divide the index point difference by the previous year's Index figure. The resulting figure is the applicable percentage change in the Consumer Price Index for the year, expressed in decimal figures. Multiply such percentage change in the Consumer Price Index by 1,00. The resulting figure is the allowable percentage rent adjustment, expressed in decimal figures. Such resulting figure shall not be less than 6% per annum and not more than 12$ per annum. Additional rent, above that established by the Consumer teki Price Index, shall be granted to park owners in the event oe' increases in taxes, assessments or levies increases in ad valorem real property taxes) imposed by local, state or federal government entities. Such additional adjustments shall be computed on a prorate she" for each mobile home space. Multiply the base rent and the maximum allowable percentage rent adjustment provided hereunder, and add the prorate share of additional rent. The resulting figure, rounded off to the nearest dollar, is the maximum allowable rent which may be granted to park owners under this chapter. e. No Adjustment Allowed: No general annual adjustment of rent will be permitted any park owner who: (a) Has COnNnued to fail to comply with any provisions of this Ordinance and /or orders or regulations issued hereunder, or (bl Has failed to bring the rental unit into compliance with the implied warranty of habitability, or (c) Has failed to register all mobile home spaces as provided under this Ordinance. SECTION 8.10.070 REDUCTION IN SERVICES I. It Is the responsibility of the park owner to provide and maintain the physical improvements and the common facilities of the Park In good working order and condition, and in doing so comply with the requirements as set forth in the Mobile Nome Residency Law. 2. No park owner shall allow a reduction of elimination or any service in a mobile home park or to any tenant within any while home park unless and until a proportionate share of the cost savings resulting from such reduction or elimination is passed on to the tenants in the form of a decrease in rent. SECTION 6.10.080 EWORCENENT 1. Any tenant or park owner aggrieved by the willful violation of any of the provisions of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any park owner or representative 00 demands, accepts, receives or retains any payment of space rent In excess of the maximum lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the tenant from who such payments an demanded, accepted, received or retained, for damages as a civil penalty in an amount of five - hundred dollars ($500.00) or three (3) times the amount by which the payment so demanded, accepted received or retained exceeds the maximum lawful space rent, whichever Is the greater. The park owner is also liable to the tenant for any such payments actually collected and refunded. If any, plus Interest from the date resolved, reasonable attorney's fees, and casts as determined by the court. %7 Ordinance No. 231 Page 6 2. The fact of any willful violation of this chapter may be used by • the aggrieved tenant as a defense to any action for unlawful detainer based on non - payment of rent. The park owner may use the fact of any willful violation of this chapter as a defense to recover any rent due under this chapter. 3. Any willful violation of this chapter shall be a misdemeanor and Shall be punishable by a fine of not more than 5500.00 or by imprisonment in the County Jail for a period not exceeding (6) months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation. \ SECTION !.10.090 RETALIATION It is unlawful for the management or any owner of any mobile hone park V to harass, evict, retaliate against or otherwise discriminate against any retaliation against a person who has opposed any practice believed unlawful under this chapter, has Informed law enforcement agencies of practice believed unlawful under this chapter, has asserted any rights under this chapter, or has petitioned, testified or attested In any proceeuing under this chapter. SECTION 8.10.100 SE9ERARILITY If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalidated by a final Judgement of any court of competent Jurisdiction, such invalidity shall not affect other provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this chapter are declared to be severable. SECTION 8.10.110 REVIEW FIT CITY COUNCIL • The City Council shall review the provisions of this chapter three (3) year after the date of adoption thereof, and at any other time deemed appropriate, in order to consider the effectiveness and necessity of the provisions of this chapter, and the need to amend such provisions as to provide more effective regulation or to avoid unnecessary hardship. SECTION 2: The Nayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Re0ort, a newspaper of general circulation published In the City of Ontario, Caiifornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this _ day of _, 1984. AYES: NOES: ABSENT: ATTEST: Jon 0. Mikels, Koyor vary A. Au"WIF—er—Ury—MR 17 E • cW u,d : 8 -15 -8 * ORDINANCE 0. a .y L AN OROInwe OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PmAInm TO THE REGULATION OF AMBULANCES. 79 The City Council of the City of Rancho Cuca=ngo, California, does ordain as followat SECTION 1: the RanoM Cuamonga Municipal Code is hereby awned to mad as Coll "Chapter 1. Ambulances "Sun. 4.1.01. Definitia,a. Unless otheraise stated, was and term am defined as follow: (a) AMBULANCE. The tan 'wbulance' Nw any vehicle specially designed,, cauntructed. snifisa, equipped, arranged, wintained, and operated for the purpnw of transporting sick, injured, w=ded, invalid, or eipwtant =them. (b) AMBULANCE SERVICE OPERATOR. The tom 'mbulmao service operator' war any person who ows or operates om or =m mbulaadm. (c) COUNCIL. The ter 'Council• sevens the City Council of the City of Rencbo Cuumcago. (d) CLASS OF SERVICE. The tens 'Class of Service' vans the • level or levels of coapleslty of field esergenay medical semtew and will ce specified as basic life support provided by twrSm.y Medical Tec nicfan (EMT -IA) personnel conforming to California Health and Safety Code, Section 1760 (f), full advanced life support provided by California licensed pbptciw or by peramedlcs and =bile intensive care nurses certified by the County Health Officer under California Health and Safety Code, Section IABt. (e) CI7Y. The taro 'City' vans the City of Rancho Cuna =nga, California. (f) CITY MANAGER. The ten 'City Manager' .sane the City Mewwr of the City of Rancho Cucamonga, or his designee. (g) COUNTY. The tar 'County' mans the County of San Bernardino, California. (h) COUNTY HEALTH OFFICER. The tare 'County Health Officer' mans that person designated as such by the County or San Bernardino. (i) EERGFIICY CALL. The ter 'es rgency Call' is a request for the dispatch of an MbulAml to transport or Provide other assistance for a person who apparently hue a sudden or unforemen need of medical attention. (1) EMERGENCY SERVICE. The tens 'Emorg=cy Service' aeons the functions perfoeeed in response to an eeargency call. (k) PATIENT. The tore 'Patient' mavens a sick, injured, wundod, invalid, expectant mother, convalescent, or ntherwiso Incapacitated person. (1) PER". The ton 'Person' includes any individual pertnmbipr fin, corpmtim, association, govorneental ag=cy or • other group or ombination mting as a unit. (e) BASIC LICE SUPPORT (BLV) AMBULANCE. The ten 'BLS Ambulanw' meem an ambulanw Mich has oquipsent and supplies as specified by Title 13, California Administrative Cade. 79 Ordinance No. Page 2 (n) ADVANCED LIFE SUPPORT (ALS) OR LIMCTEO ADVANCED LIFE • SUPPORT (LALS) AMBULANCE. M. term 'ALS or LALS Amhu.ance' meana an ambulance which has additional equipment and supplies as specified by the County Health Officer. (o) MOBILE INTENSIVE CARE :M:C) PARAMEDIC, The term '42C Paramedic' means a person specially trained in the provision of emergency cardiac and noncardiac care appropriately certified by the County Health Officer. (p) MOBILE INTENSIVE CARE (MIC) NURSE. Me term 'MIC nurse' eons a nuns who has been certified by the County Health Officer as qualified In the provision of emergency cardiac and nancardiac care in the issuance of emergency instructions to MIC paramedics. (q) ?EMITTER. Me term 'Permitted' means any Person, Who possesses a current City permit to act as an ambulance service operator. A CODE 3. Me term 'Code 3' means the period when an ambulance is traveling to or from a patient pick -up point using red lights and /or sirens and Is traveling in such a manner as to reach Its destination in the shortest p ... lble time. "Sec, 4,1,02, Permits: Required it shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance service operator, upon the streets or any public way or place in the City except in conformance with a valid City permit to operate an ambulance service. (a) EXCEPTIONS. The equipment and personnel standards • speciried in this chapter apply to all ambulance agencies; hovever, the licensing and Permit requirements stall cot apply to: Publicly owned ambulances; or, (2) Vehicles operated as ambulances at the request or local authorities during any 'state of war emergency,' duly proclaimed 'state of emergency' or 'loon) emergency,' as defined in the California Emergency Services Act (Chapter r of Division 1 of Tice 2 of the Goverlment Code), as amended. "Sec. 4.1.03. Permit Fee.. Permit fees shall be those which are, from time to time, set by the Council. All permits shall be Issued to expire on dune 30 of each year. "See. 4,1.04. Application for a Permit or Renewal of a Permit. (a) PROCEDURE AND I4FORMATION REQUIRED. Prerequisites to the Issuance or a permit or renewal of a permit for an applicant shall include the filing with the City Manager an application in writing an a form to be furnished by the City Manager, which shall provide the following minimm information: (1) Name and description of applicant. (2) Business address and residence address of any individual applicant. • (3) The .. under Which the ambulance service Will do business. E,�, Ordinance No. page 3 • (q) If a corporation, a ,joint venture, a partnership or limited partnership, the cues of all partners, or the name of corporate offlcero, their residence addresses and their percentage of participation in the business. (5) A at.tavent of facts to show that the public convenience and necessity require the Issuance of a permit to the applicant. (6) A verification that the applicant Is equipped to and will provide AM paramedic service at all time in the City. (V) A statement in renewal applications that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code, and that the applicant owns or tuns access to Suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. When an initial application is aubmitted, a statement ttut the applicant will own or will have under his control required "uipaent to adequately conduct an ambulance service In the %ty, which meet, the requirements established by the California Vehicle Code and that the applicant will oven or will have access to suitable and safe facilities for mintalning his ambulance service in a clean and sanitary condition. Both Initial and renewal applications at contain a statement that the applicant will maintain (station) at least one AM equipped ambulance within the geographical boundaries of the City. Additicamlly the applicant must establish to the reasonable satisfaction of the City Manager that the applicant tame adequate capability to 41back up' or augment such ALS equipped ambulance if it is not immediately available to respond to a cell therefor. • (B) A list for renewal applications amended as required during the year for any changed, substituted, loaned or leased vehicles, giving a complete description of each ambulance vehicle operated by the applicant, covering a list of the internal equipment carried by each mbulance, including the patient capacity thereof, and a copy of the mat recant Ambulance Inspection Report issued by the California Highway Patrol for each vehicle. When an initial application is submitted, a list, amended m required during the year for any changed, substituted, loaned or leased vehiclea, giving a complete description of each ambulance vehicle to to operated by the applicant, covering a list of the Internal equipment carried by each ambulance, including the patient capability thereof, and a copy of the met recent Ambulance Inspection Report issued by the California Highway patrol for seen vehicle shall be provided to the City Manager prior to the start of ambulance operation. (9) An affirmation for renewal applications that each permitted ambulance and its appurtenances conform to all applicable provisions of this Ordinance, the California Vehicle Code, the California Administrative Code and any other State, County or City applicable directive. When an Initial application is submitted, and affirmation that each permitted ambulance and its appurtenances conform to all applicable provisioro of this chapter, the California Vehicle Code, the California Administrative Code, and any other State, County or City applicable directive shall he provided to the City Manager prior to the start of mbulance operations, (10) A Statement for renewal applications that the applicant employs sufficient personnel adequately trained and available to deliver mergemcy ALS parmedia "balance services of good quality at ell time in the City. When an initial application is submitted, a statement that the applicant will "ploy sufficient personnel adq"tely trained and available to deliver emergency ALS ambulance services of good quality at all Limas. n Ordinance No. Page 4 (11) A list for renewal application. giving . deacrlptlon • of the level of training for each ambulance seplayee and a copy of each certificate or license Issued by the State and County e.tabll.hing qualifications of such personnel in ambulance operations. When an initial application is subaitted, a list, mended as required during the year for any personnel changes, giving description Of the level of training for each ambulance mployse and a copy of each certificate or license Issued by the State and County establishing qualifications of Such personnel in ambulance Operation. shall be provided to the City Manager prior to start of ambulance operation. (12) A at.teeint, Sn en initial application, that show. to the Satisfaction of the City Manager that the issuance of a permit I. in the public Interest and there 1, a need for a permit to be Issued, in that then Is a requirment for mbulance service which can be legally serviced by the applicant, (13) A statamnt Signed by the applicant that as a condition of the City leading a permit, applicant agrees to appear and defend ell actions against the City arising Out or the eaerci,e of Said permit, and Shall Sndewify and save the City, Its officers and employees and agents hamleaa of and free all claim!, demands, actions, or causes of actions of every kind and description resulting directly or Indirectly, arising out of, or in any way connected with the eaereiae of thin permit. ^Sec. 4.1.05. Investigation by City Manager. Upon receipt of a cupleted initial (non- renwal) application, the City Manager shall conduct an Investigation to determine if the public health, safaty, welfare, convenience and necessity require the • granting of a permit for which the application has been mde and shall further determine If the applicant meets all requirement, of this Ordinance. The Investigation on all non - renewal applications shall require the City Manager to conduct a public hearing on such need and upon the qualifications of the applicant. Upon cmpletion of his in %ltigation, the City Manager !hall monmend to the Council that a permit he granted or denied. NO permit shall be Issued by the City Manager until the Council has deteminsd that the public health, safety, welfare, convenience and necessity require the granting of Such permit. The d.t. mination of the Council shall be by means of its conduct of a public hearing upon such need and the qualifications of the applicant. 'Sao. 4,1,06, Issuance or Denial of Permit. The City Council may order the isscence of a new permit to conduct an mbulance service In the City upon finding that the public health, safety, welfare, convenience and necessity require the availability of such ambulance service and that the applicant meets all requirements of this Ordinance. (a) The Council may order the denial of a permit on the ground of infeasibility. Whenever a new application is filed under CM provisions of this ordinance for a permit to provide ambulance service in the City, the Council, after due investigation, my find and determine, as a utter of fact, that there due. not e,let sufficient potential need for ambulance service to justify the granting of an additional separate and distinct peralt for use within the City. predicated on such findings, the Council my deny the application for parch on the grounds that the granting of Such new permit SS not in the public interest and welfare. • (b) The Council my order the denial or non -renewal of a "wait if the applicant or my partner, officer or director thereof, S.;L- Ordinance No. Page 5 • (1) WAS Previously the holder of a City permit, which Permit was revoked or suspended and the terms or condition, of the Suspension have not been fulfilled or corrected. (2) Is committing my act, whim, if committed by any permittee, would be grounds for the suspension or revocation of a Permit issued pursuant to this Ordinance, (3) HIS committed any act involving dishonesty, fraud, or deceit wh*mby mother is injured or where the applicant has benefited. (4) Has acted as m ambulance service operator in the City without Posses, In: a valid Permit therefor. (5) Has aided or abetted my person to violate my Provision of this chapter or any prior ambulance ordinance. (6) Make- any false or misleading statement upon any application, or during the course of may investigation, required or permitted by this chapter. (c) BONDING OF APPLICANT, Before soy pemit Ss issued under the proviaiom of this Ordinance, the Council shall require the applicant as a condition to the issuance of the Permit to Post with the City Clerk a cash bond in the Me of Twenty Five Thousand Dollars 325,000.00) or a surety bond in the a. amount furnished by a corporation authorized to do bO,inesS in the State of California, Payable to the City. The bond shall be conditioned upon the full and faithful performance by the peraittee of his obligations order the applicable Provisions of this Ordinance and ana!1 be kept in full force and effect by the permlttee throughout the life of the permit . and all renewals thereof. (d) LIABILITY INSURANCE. The "Mittee shall ebtaln and keep in force during the term of said permit public liability and bodily Insurance Issued by a company authorized to do business in the State of California insuring the owner, and also naming the City as an additional insured of Such ambulance against loss by reason of injury or damages that my result to Persons or property From negligent operation or defective construction of such ambulance, or from violation of this Ordinance or of any other law of the State of California or of the United State,. Said policy shall be In the am Of not less than Four Million Dollars ($4,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such vehicle Shall not be less than Four Million Dollars ($4,000,000.00) far damages to or destruction of property in any one accident. Workers' Compensation insurance shall be carried covering all mployees of the permlttee. Copies of the policies or nart ifcatea evidencing such Policies Shall be filed with the City Clerk. All policies Shall contain a provision requiring a thirty (30) day notice to be given to the City Clerk prior to cancellation, modification or reduction of limits. u "Sec. 4.1.07. Content of Permit. The permit shall specify ins dates of Issuance and of expiration, the number of amulance units to be used by the ptmitteo and any special conditions regarding communications, equipment and personnel deemed appropriate by the City Manager. g'3 Ordinance No. Page 6 "Sec. 4.1.08. Amendment of Perslte. . Upon r.4 ... t by the permittee, the City Manager my amend the conditions Modified in a permit if he finds such requested changes to M in substantial compliance with the provisions of this Ordinance. Such mendment shall not affect the expiration date of the dxiating paraft, nor Mall it authorize a change in ownership from that specified in the original permit. "See. 4.1.09. Renewal of Peralts. Permit. atoll be renewed annually by the City Manager upon application of the percittee, If the permit holder prope.e. no substantial change In the content or the permit, and if the City Manager determines that the permit holder Ma, during the period of the expiring permit, operated In substantial coMOraity With the provisions of this Ordinance and the rules and regulations of the City, and that M SM capable of continuing operation in conformity with the rule. and regulations of the City. (a) Unle.. good cause can M shown by the peruvittet, it .all M a valid Mats for non - renewal of a permit if the permlttee has not, during the preceding permit period, had a Code 3 response time to at I ... t 954 of its emrse.ey calla of eight (8) minutes or less. Said response tine Ming asmared from the time the peraIDtee received the request until the Paraitt"'s ambulance actually arrived at the location for which the service was requested. "Sec, 4.1.10. Suspension and Revocation of Persits. The City Manager spell M empowered to suspend or revoke the permit issued under the provisions of this Ordinance to operate M • amulence service, abea it Me Men found after investigation that the perstttee or any partner, officer, or directort (a) Violates any section of this chapter or any rules or regulations that are promulgated by the City which relate to his permit activities. (b) le convicted of any orfMM relating to the use, sale, possession, or transportation of narcotics or habit forming drugs. (c) Coea1M any act involving dishonesty, fraud, per deceit whereby another Ss injured, or Whereby the permittee has henefited, or any at involving coral turpitude. (d) Has slareprMMtM a material fact in obtaining a permit, or is no longer adhering to the conditions specified in his application. (e) Aid. or abet. any person who violates the provisions of this chapter. (f) Fails to sake and keep records showing his transactions as a pereittee, or fells to have such records available for inspection by the City Mmager or his duly eutMriaed representative for a period of not less than three years after campletlon of any transaction to Mich the records refer, or refuses to comply with a written request of the City Manager or eke such record available for inspection. (g) Accepts an e rgency call When either unable or unwilling to provide the requested Service or feila to infore She person requesting auoh aenios of any delay and fails to obtain the conamt of such person before causing an mbulance to respond free a location • sore distant than the ane to which the request me directed, kY Ordinance No. Page 7 • (h) Failure, without adequate justification, to continuously provide MIC paramedic emergency service for a continuous period of more than 24 hours. (1) Fails to notify the Fire Department of a request for emergency ambulance service. (j) Operate. an amWlance demoted as a paramedic unit by wording or lettering on the unit without qualified MIC peraoemel and equl paent in the vehicle. (k) During any validation period of not leas than thirty (30) days, failure of permutes to respond to 951 of Code 3 calls within eight (8) minutes or less will be sufficient grounds for revocation of permit, .Sec. 4.1.11. Suspension, Conditional Operation, and temporary Variance. In the event of a oMngs In ownership of any kind or nature any Interruption of service of more than twenty -four (24) hours duration, or any substantial change in staffing or equipment of the ambulance service, which causes the ambulance service to he carried out differently than apeclfled in the current operating pelalt, the peralttee shall notify the City Manager femedlately In writing, stating the fact. of such change. (a) Dpon request by the parbittee, the City Manager may grant a temporary lef3an0e in writing from the condition specified in the original permit if he finds that such change is in substantial • compliance with the provisions of this Ordinance. If the City Manager finds that such change IS not in substantial compliance with this Ordinance, he may suspend, revoke, or and the permit by written notice. In all cases when a change of ownership occurs in an ambulance service, an application for a new permit Shall be filed with the City Menage, within thirty (30) days. In no case Shall any temporary variance be valid for more than sixty (60) days without written approval of the Council. -Sec. 4.1.12. Appeal Procedure. If the renewal of a peeait is denied by the City Manager or If the City Manager suspends or revokes a permit, the permitee Shall De given written notice Specifying not only the action taken, but in the event of a suspension or revocation, the effective dates thereof. Such notification shell be by registered or certified mail. (a) The permitbee Shall thereupon be entitled to a hearing before the City Manager. The pereittee shall be afforded a hearing prior to the effective date of any denial, suspension or revocation. The City Manager my, after such hearing, affirm, modify, or set aside the original decision. (b) If, after the nearing provided for above, the City Manager denies the renewal of or suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Council. A request for a hearing shell be made I. writing to the City Clark within fifteen (15) calendar days following the denial, suspension, revocation or eon - renewal of the permit. Vpoo receipt of a written request, the City Clerk shell set the matter for hearing o, a date 8� Ordinance No. Page g not more than sixty (60) days following receipt of the written • request and give notice to the appellant, the City Manager, and any other interested peragna who may present evidence, relevant to the decision of the City Manager. within thirty (30) days following the conclusion of the hearing, the Council shall make findings and issue Its order, whether or not the permit should be issued or the suspension or revocation sustains. (c) During the ties available to request an appeal, and at any Lim before the appeal to the Council shall have become final, the effect of such non - renewal, suspension or revocation shall be stayed. (d) Notwithstanding any other provisions herein contained to the contrary, the City Manager shall be empovered to effect an imediate suspension of a Feral without delaying the effective date thereof if he first finds the continued conduct of such permittee is so far removed fret compliance with this Ordinance or the general welfare of the cititem of the City as to justify such immediate action. (e) Any permittm who has such Smediate suspension action taken against it shall have a hearing scheduled before the City Mmager within seven (7) working days of such suspension. "Sec. 4.1.13. Emergancy Service Requirements. Each permittee shall provide emergency MIC paramedic ambulance service on a continuous twenty -four (24) hours per day basis. "Sec. 4,1,14, Conformance with Permit Ordinance. No ambulance operator shall provide ambulance service for • ambulance calls originating within the City unless he shall first have a valid City permit. "Sec. 4.1.15. Standards for Dispatch. Each ambulance service receiving an emergency ambulance request shall dispatch an ambulance in compliance with the procedures identified in Title 13, California Administrative Code. If an ambulance Is not available for imediate dispatch, the procedures identified in Title 13, California Administrative Code, shall be complied with. (a) The Fire Department shall be imedlately notified of any emergency ambulance request. "Sec, 4,1,16, Ambulance Safet and Emergency E u1 ent Requ ramants. Ambulances shall ha mintained at all times in good mectomical repair and in a clean and sanitary condition. (a) MINIMUM EQUIPMENT. All ambulances shall be equipped with all safety and margency equipment required for ambulances by the California Vehicle Code and the California Administrative Code and administrative rules of the County Health Officer as the aame are now written, or hereafter amended, (b) ALS AMBULANCE EQUIPMENT. In addition to the regular ambulance equipmnt and supplies, any ALS ambulance shall also be • equipped as required by the valid administrative rules of the County Health Officer. nG Ordinance No. Page 9 . (c) MAINTENANCE OF EMERGENCY EWIPMENT AND SUPPLIES. Dreesinga, handeging, Instruments and ether medical supplies used for care and treatment of patients will Da protected so they are sterile when ready for use. "Sec. 4.1.11. Amhulance Personnel. Every person who drives an ambulance within the City, while responding to emergency calls, shall comply with the requirements in the California Administrative Code for ambulance drivers. The driver of en ambulence shall ha trained and competent 1. the proper use of ell mergency equipment required by this Ordieance. The driver shall also hold a certificate of at least an EM -1A unless the ambulance service operator me bone specifically exempted Preen this requirement by the Council. (a) AMBULANCE ATTENDANT. An ambulance attendant shall he trained and competent in the proper use of all emergency equipment required by this Ordinance, and shall hold the required certiflentlon of at least an EMT -IA. If the vehicle is being used es an ALS ambulance, at least sce attendant shall hold a certificate as an WC paramedic issued by the Realth Officer for A1.3 ambulanom. (b) ATTENDANT REQUIRED. Each ambulmce being operated within the City, in response to an emergency call, shall he staffed by both a driver and attendant. The attendant of an ambulance responding to an emergency call shall ccupy the patient ampartmct while transporting any person in apparent need of medical attention. An ambulance driver or ambulance attendant who is a California licensed physician or an MIC nurse certified by the County Health • Officer, shall M exempt from the emergency medical training requirement of this section. This section shall not apply during any 'state of emergency' or 'local emergency' as defined in the Government Code of the State of California. ^Sec. 4.1.18. Continuation of Call. M ambulance Used and properly licensed outside the City but not licensed by the City shall be authorized to transport a patient to or through the Clty, but shall not be authorized to transport patients originating in the City. -San. 4.1.19. Emergency and Disaster Operations. During eny 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency Services Act (Chapter 1 of Division 1 of Title 2 of the Goverment Code), as mended, each ambulance service operator shall provide equipment, facilities, and personnel as required by the City Manger. -Sec. 4.1.20. User Complaint Procedures. Any user or subscriber to an ambulance service contending that he Me Man required to pay an excessive charge for service or that he has received unsatisfactory services may file a written complaint with the City ganger setting forth such allegations. The City Reneger shall notify the affected permitter of such complaint, and shall investigate the utter to determine the validity of the Is complaint. If the oomplaint is determined to W velid, the City Manager shall Mks a reasonable and proper actin to secure compliance with the comdltloma of this Ordl.an.a. i Ordinance No. Page 10 "Sec, 4.1.21. Enforcement Responsibilities. • (a) The City Manager Shall make all necessary and reasonable rules and regulations Subject to the approval of the Council covering ambulance Service operation, ambulance equipment, ambulance vehicles, ambulance perso:mel, and for the effective and reasons his administration of this Ordinance. (b) The City Manager atoll inspect the records, facilities, vehicles, equipment and methods of operation uhenever such Ins pectiona are deesel nec ... ary. "Sec. 4.1.22. Excused Performance. No operator Shall De deemed to be In violation of its permit if It Shall fail to provide, either in -hole or In part, the Services other -Sae reoulred of it if Such performance is prevented by any of the folla ring: (a) Ants of God: (b) Labor strike. or disputes) (c) Intervention of any goverment body; or (d) Any force reasonably beyond the central of the operator. SECTION 2: The City Council hereby declares that it would have adopted this Ordinance and each Section, subsection, sentence, clause, phrase or portion thereof Irrespective of the fact that any one or more sections, Subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstltutuionsl. If for any reasons any portion of this Ordinance Shall he declared invalid or unconatitutional, then all other • provisions thereof Shall resale In full force and effect. SECTION 3: The Mayor Shall sign this Ordinance and the City Clerk Shall attest to the Saw, and the City Clerk Sbell cause the ....he... to be published within fifteen (15) days after its passage, at teen I once in The Dail Re rt, a newspaper of general circulation, published in the City of Ontario, en circulated in the City of Rancho Cucaeonga, California. PASSED, APPROVED, and ADOPTED this day of , 1984. AYES: - NOES: ABSENT: ATTEST: Jon D. Mikela. - Ayer Beverly A. Authelet, City Clerk • CITY ADRANCHO CUCDNONGA • JUL 17 M4 To the City Manager of the 7819161%2a1pZt3i4i68r. R.G.Bartholomeusz City of Rancho Cucamonga. J! 5999 Napa ave P. 0. Box 807 Rancho Cucamonga Rancho Cucamonga, CA 91730 CA 91701 Dear Sir The below subjects were previously discussed with you and Counsel woman P. Wright. It is upon her recommendation that I am ofticail- ly requesting that the following subjects be heard in the nearest available City Counsel meeting. 1. City Ordinance 75 -B section 13.08 Per this ordinance, I will be sobiected to the payment of a Drainage Fee to the amount of $2025.00 because I want to add a 1200 sq.ft addition to my home. This fee is calculated on a base of $40.50 per 1 /100th of an acre. I happened to have the forsight of purchasing a 1/2 acre lot, and now want • to expand my home inorder to provide room for my family. 2. I am further being accessed a Park Fee, again base upon the size of the addition. No consideration has been given to the fact that people like me are already residents of this City, and thereby contributing to the beautificaton on our City. Nor has it been given any thought that by such an expantion of this nature will also result in increased revenue for this City without any other cost to the City. I 1 LJ I feel, and I can with confidence say that other residends have ex- pressed the same thoughts, that those on the City Counsel are not consigned about the families residing within this City. I hope that I am wrong and that the Counsel will in good faith discusse this matter, and that we can comeup with a fair solution to this problem. If not, than our City will loose some fine families since the cost of expansion will be to large. I appreciate all the help that you have rendered me, and hope that you will place this on the agenda of the Counsel. I will await your reply to let me know when the counsel shall address this mat- ter. P9 r� �51pcerely 1.. U • U CITY OF RANCHO CUCAMONGA STAFF REPORT ;. August 15, 1984 TO: City Council FROM: Lauren M. Na sserman City Manager SUBJECT: Recommendation for Closed Session to Review Personnel Study As Council is aware, the firm of Ralph Andersen and Associates is currently preparing a comprehensive salary study which includes not only a review of all job classifications, but also a compilation and recommendations regarding salaries for city employees. The purpose of the salary information is to make certain that Rancho Cucamonga salaries are competitive and that the internal relationships between the various classifications are consistent with sound personnel practices. The consultants have requested that the City Council meet in a Closed Session to review the personnel information sometime during the week of September 10th. It is suggested that either the 10th, 11th, or 12th would be the best dates in which to meet with the Council. It is anticipated that the meeting will last approximately two hours. The time will be scheduled at the convenience of a majority of the Council members. LMw:baa cjo RESOLUTION NO. 84- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA OFFICIALLY DESIGNATING THE MUNICIPAL PARK FACILITY LOCATED ON CHURCH STREET EAST OF TURNER AVENUE AS - QUIMBY PARK'. WHEREAS, the naming of municipal park facilities is a customary practice of cities and a convenience to the general public; and WHEREAS, the municipal park facility located on the north side of Church Street east of Turner Avenue is currently unnamed; and WHEREAS, City guidelines for the naming of municipal parks includes within it's criteria, the naming of a municipal park after a historic event of significance to the City of Rancho Cucamonga; and WHEREAS, twenty years ago this year, the State of California recognized the needs of growing communities to provide adequate municipal park and recreation facilities through the passage of the Quimby Act; and WHEREAS, the municipal park on Church Street will be the first municipal park constructed within Rancho Cucamonga solely through the authority granted the City by the Quimby Act1 NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AS FOLLOWS: 1. That on the occasion of this historic twentieth anniversary of the Quimby Act becoming law within the State of California, providing a means by which Cities can ensure park facilities to their future citizens, the City of Rancho Cucamonga hereby names the subject municipal park to be known as 'Quimby Park'. PASSED, APPROVED and ADOPTED this day of August, 1984 AYES: NOES: ABSENTt Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk C C STAFF REPORT�°cv 9 OU yp DATE: dune 27, 1984 1977 TO: Planning Commission FROM: Lloyd B. Hobbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: ENVIRONMENTAL ASSESSMENT AND PARCEL MAP 8583 - CARPENTER - A division of 4.5 acres o T-a_nT into parcels in the General Industrial category (Subarea 3) located at the northeast corner of Hellman Avenue and 9th Street - APN 209 - 033 -12 I. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of Parcel Map. B. Purpose: To divide 4.5 acres of land into 2 parcels. C. Location: Northeast corner of Hellman and Ninth Street. D. Parcel Size; Parcel 1 - 2 acres Parcel 2 - 2.5 acres Total T.T acres E. Existing Zoning: General Industrial (Subarea 3). F. Existing Land Use: Vacant, G. Surroundin Land Use: Nort - n ustrla building South - Industrial building East - Industrial building West - Industrial building H. Surrounding General Plan and Development Code Designations: No'rtr�enera n ustrla South - General Industrial East - General Industrial West - General Industrial I. Site Characteristics: The site is vacant and slopes approximately 2 %. ITEM G PLANNING COMMISSION A .F REPORT Environmenal Assessment and Parcel Map 8583 June 27, 1984 Page 2 II. ANALYSIS: This parcel, map proposes to divide 4.5 acres of land into 2 parcels in the General Industrial Area (Subarea 3) located at the northeast corner of Hellman and Ninth Street. No development is proposed at this time. Due to the water carrying nature of Hellman Avenue, a condition has been placed on the map to widen the street along its entire frontage at the development of either one of the parcels. This will eliminate any drainage and traffic problem that would otherwise occur if the improvement is done in phases. III. ENVIRONMENTAL REVIEW: Also attached for your review and consideration is °e^*- I of the Initial Study as completed by the applicant. Staff has completed Part II of the Initial Study, the environmental checklist, and has conducted a field investigation. Upon completion and review of the Initial Study and field investigation, Staff found no adverse impacts on the environment as a result of the proposed subdivision. IV. CORRESPONDENCE: Notices of Public Hearing have been sent to surrounding property owners and placed in the Daily Report Newspaper. Posting at the site has also been completed. V. RECOMMENDATION: It is recommended that the Planning Commission consider a 1 input an elements of the project. If, after such consideration, the Commission can support the recommended conditions of approval as written in the City Engineer's Report, then adoption of the attached resolution would be appropriate. It is also recommended that a Negative Declaration be issued. Respectfully sub fled, l LBH:86jaa Attachments: Map - Tentative & Vicinity Resolution City Engineer's Report Initial Study < C "FOR INDUSTRIAL OR COMMERICAL PURPOSES ONLY" SHEET I OF I_ TENTATIVE PARCEL MAP NO. 8583 "IN THE CITY OF RANCHO CUCAMONGA BEING A DIVISION OF A PORTION OF THE SOUTH ONE -HALF DF THE NORTHWEST ONE-OLORTER OF THE SOUTHEAST ONE - QUARTER OF SECTION 10. TOWNSHIP 1 SOUTH,RANGE T WEST. SANBERNARDINO MERIDIAN, COUNTY OF SAN SERNAMNO, STATE OF CALIFORNIA LINVILLE•SANDERSON B ASSOCIATES GYA En,�eY+i B 0nE.5✓Mwi .W rr.. Al AI •d i7,a.:Nfiflaa 441.A,7 SAAS 1N�. IKwnY � ARRON'____p ROUTE onuvee 1iF 1N2C2!I'9.AN 4t^1NF ��NC. YY...w IND. 'I PARCEL , 1NP. 1 i ,2' 1 D.Wn,/i1• A A, /sM N Iii. . .. ... .... s sailp g Id k k rid �,., a.. a+.•r gA1.Pf �" t ' .,a h1AHY1N� GdN A AN., n nr+n a' n,u ru+•rr r PARCEL I S'A' —e`t E9•€u R rvr NINiM STREET Al AI •d i7,a.:Nfiflaa 441.A,7 SAAS 1N�. IKwnY � onuvee W v fA Y YY...w SPAAiC d 'I PARCEL , 1NP. 1 i ,2' 1 D.Wn,/i1• A A, /sM N Iii. . .. ... .... s sailp g Id k k rid �,., a.. a+.•r gA1.Pf �" t t h h1AHY1N� GdN A AN., n nr+n ' NINiM STREET V Pd A 441.A,7 SAAS 1N�. IKwnY � Et r;{ FLtm zn tine.; ^, CITY OF RANCI lO CUCANIONGA P.M. 8583 _l}r ENGINEERING DIVISION �.� vICINITV MAP T , la CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: TENTATIVE PARCFI M-0 No RiR-, APPLICANT'S NAME, ADDRESS, TELEPHONE: 0711) 09n -1111 1�1.DVille- Sandnr�on R A�%nciateg 9587 Arrow Route, Suite H Ranrhn Cucamonga. CA 9174n NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Cary T Sandcrvnn (711) amonga, LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) Northeast corner of Ninth Street and Hntlmnn Av,,nua Assessor's Nn LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: Frrothili Fire District General Telephone Company I -1 C C PROJECT DESCRIPTION DESCRIPTION OF PROJECT: To divide existing lot into two parcels ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: Lot is 4.5 acres, no existing buildings DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROTECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): The site is vacant and has nn apparent ulrurji or scenic aspects- The animal life i, prpg,imed to 66n6i5B of small birds, rodenrc and ranrilec inAfBoo .h„ I ... I area. The land gently s] nes frnm nnrrh in Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? NO I -2 WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground contours? X 2. Create a substantial change in existing noise or vibration? X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existing zoning or general plan designations? X 5. Remove any existing trees? How many? X 6. Create the need for use or disposal of Potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development Review Committee. Date 5 /21/84 Signature Title Vice Pr.sident I -3 RESIDENTIAL CONSTRUCTION The following information should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Specific Location of Project: 1. Number of single family units: 2. Number of multiple family units: 3. Date proposed to begin construction: 4. Earliest date of occupancy: Model M and k of Tentative S. Bedrooms Price Range PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL I -4 RESOLUTION .NO. 84 -59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8583 (TENTATIVE PARCEL MAP NO. 8383) LOCATED AT THE NORTHEAST CORNER OF HELLMAN AND NINTH STREET WHEREAS, Tentative Parcel Map Number 8583, submitted by Eleanor Carpenter and Marjorie Stroup and consisting of 2 parcels, located at the northeast corner of Hellman and Ninth Street being a division of a portion of the South 112 of the Northwest 1/4 of the Southeast 1/4 of Section 10, Township 1 South, Range 7 West, San Bernardino Meridian, County of San Bernardino, State of California; and WHEREAS, on May 22, 1984, a formal application was submitted requesting review of the above- described Tentative Map; and WHEREAS, on June 27, 1984, the Planning Commission held a duly advertised public hearing for the above- described map. FOLLOWS: NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVED AS SECTION 1: That the following findings have been made: 1. That the map is consistent with the General Plan. 2. That the improvement of the proposed subdivision is consistent with the General Plan. 3. That the site is physically suitable for the proposed development. 4. That the proposed subdivision and improvements will not cause substantial environmental damage, public health problems or have adverse affects on abutting property. SECTION 2: That this project will not create significant adverse environmental impacts and a Negative Declaration is issued on June 27, 1984. SECTION 3: That Tentative Parcel Map No. 8583 is approved subject to the recomne— naeTConditions of Approval pertaining thereto. APPROVED AND ADOPTED THIS 27TH DAY OF JUNE, 1984. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Dennis .-S ou Cinairman - - - -- ATTEST: N oyez, Ueputy Secretary N I, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of June, 1984, by the following vote -to -wit: AYES: COMMISSIONERS: REMPEL, MCNIEL, BARKER, CHITIEA, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE CITY OF RANCHO CUCAMONGA RECOMMENDED CONDITIONS OF APPROVAL LOCATION: Northeast corner of Hellman TENTATIVE PARCEL MAP NO: 8583 Avenue and Ninth Street DATE FILED: May 22, 1984 LEGAL DESCRIPTION: A portion of the South NUMBER OF LOTS: 2 1/2 of the Northwest 1/4 of the Southeast GROSS ACREAGE: 4.5 1/4 of Section 10, Township 1 South, Range ASSESSOR PARCEL NO: 209 - 033 -13 Wesardino Meridian, County of San Bernardino, California DEVELOPER OWNER ENGINEER /SURVEYOR Eleanor Kirst Carpenter _ same Linville- Sanderson & Assoc Marjorie Kirst Stroup 2020 Lyans Drive 9587 Arrow Route, Ste H La Canada, CA 91011 Rancho Cucamonga, CA 91730 Improvement and dedication requirements in accordance with Title 16 of the Municipal Code of the City of Rancho Cucamonga include, but may not be limited to, the following: Dedications and Vehicular Access 1. Dedications shall be made of all interior street rights -of -way and all necessary easements as shown on the tentative map. 2. Dedication shall be made of the following rights -of -way on the following streets: itional feet on itional feet on itional feet on X_ 3. Corner property line radius will be required per City Standards. Twenty -four (24) foot radius at Hellman and Ninth. 4. All rights of vehicular ingress and egress shall be dedicated as follows: 5. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all common roads, drives or parking areas shall be provided by C.C. &R.s and shall be recorded concurrent with the map. -1- I X 6. All existing easements lying within future right -of -way are to be quitclaimed or delineated on the map per City Engineer's requirements. X 7. Easements for sidewalk for public use shall be dedicated to the City where sidewalks meander through private property. Surety X 1. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney, guaranteeing completion of the public improvements prior to building permit issuance (refer to Condition #11 on Page 5). X 2. A lien agreement must be executed prior to recording of the map for the following: for future undergrounding of existing overhead electrical lines. 3. Surety shall be posted and an agreement executed, guaranteeing completion of all on -site drainage facilites necessary for dewatering all parcels to the satisfaction of the Building and Safety Divison prior to recording for and /or prior to issuance of building permit for Street Improvements Pursuant to the City of Ranch Cucamonga Municipal Code, Title 16, Section 16.36.120, the subdivider may enter into an agreement and post security with the City guaranteeing the required construction prior to recordation of the map and /or building permit issuance. 1. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior streets. 2. A minimum of 26 -foot wide pavement within a 40 -foot wide dedicated right -of -way shall be constructed for all half - section streets. X 3. Construct the following missing improvements: Prior to building permit issuance (refer to Condition 811 on Page 5). Street Name Cur & Gutter A. C. Pvmt. Side- Walk Drive Apr. Street Trees Street Lights A. C. Overlay Me ian Island* ther Hellman 121, X X X % X % Ninth St. X X X X X X *Includes landscaping and irrigation on meter 2- 1 •. X 4. Prior to any work being performed in the public right -of -way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office, in addition to any other permits required. X 5. Street improvement plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of an encroachment permit. X 6. Developer shall coordinate, and where necessary, pay for the relocation of any power poles or other existing public utilities as necessary. 7. Existing lines of 12KV or less fronting the property shall be undergrounded. X 8. !nstall appropriate street name signs, traffic control signs, striping and markings with locations and types approved by the City Engineer. X 9. Street light locations, as required, are to be approved by the Southern California Edison Company and the City of Rancho Cucamonga. Lights shall be on decorative poles with underground service. X 10. Landscape and irrigation plans shall be submitted to and approved by the Planning Division prior to the issuance of building permit. _ 11. Concentrated drainage flows shall not cross sidewalks. Undersidewalk drains shall be installed to City Standards. Drainage and Flood Control 1. Private drainage easements for cross -lot drainage shall be required and shall be delineated or noticed on the final map. X 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. The following storm drain shall be installed to the satisfaction of the City Engineer 4. Prior to recordation of the map, a hydrologic and drainage study for the project shall be submitted to the City Engineer for review. 5. A drainage detention basin per City Standards shall be constructed to detain increased runoff -3- Grading X 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved conceptual grading plan. X 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work prior to issuance of building permit. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application or grading plan check. — 4. The final grading plan shall be subject to review and approval by the Grading Committee and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. _ X 5. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building permit. General Requirements and Approvals x 1. Permits from other agencies will be required as follows: _ CalTrans for San Bernardino County oo Contro District it-- Cucamonga County Water District for sewer and water San Bernardino County Dust Abatement (required prior to issuance of a grading permit) Other 2. A copy of the Covenants, Conditions and Restrictions (C.C. &R.$) approved by the City Attorney is required prior to recordation of the map. X 3. Provide all utility services to each lot including sewerage, water, electric power, gas and telephone prior to street constructon. X 4. Sanitary sewer and water systems shall be designed to Cucamonga County Water District standards. A letter of acceptance is required. 5. This subdivision shall be subject to conditions of approval from CalTrans /San Bernardino County Flood Control District. x 6. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final map will , be subject to any requirements that may be received from them. 4- X 7. The filing of the tentative map or approval of same does not guarantee that sewer treatment capacity will be available at the time building permits are requested. When building permits are requested, the Cucamonga County Water District will be asked to certify the availability of capacity. Permits will not be issued unless said certification is received in writing. 8. Local and Master Planned Trails shall be provided in accordance with the Trail Plan. A detailed trail plan indicating widths, maximum slopes, physical conditions, fencing and weed control, in accordance with City trail standards, shall be submitted to and approved by the City Planner prior to recordation for and /or prior to building permit issuance or 9. Prior to recording, a deposit shall be posted with the City covering the estimated cost of apportioning the assessments under Assessment District. 82 -1 among the newly created parcels. X 10. At the time of final map submittal, the following shall be submitted: Title Report, traverse calculations (sheets), copies of recorded maps and deeds used as reference and /or showing original land division, tie notes and bench marks referenced. x 11. Improvement of Hellman Avenue shall be constructed along the entire frontage of the map at the time of development of either of the parcels. Construction of Ninth Street shall be done at the time of development of Parcel 2. X 12. Existing P.C.C. pavement on Hellman Avenue beyond centerline of street shall be removed and be replaced with asphalt concrete pavement a minimum of six inches thick. The cost of constructing the westerly half of the street shall be credited towards Systems Developent Fee or other reimbursement by the City. CITY OF RANCHO CUCAMONGA LLOYD B. HOBBSS, CITY ENGINEER by: -5- InterMetro Industries Corporation 9393 Arrow Highway PO Box 747 Cucamonga. CA 91730 714- 987 -4731 August 3, 1984 Honorable Jon D. Mikels Honorable Members of the City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Dear Mayor Mikels and Council Members: Interiletro Industries Corporation has been a resident manufacturer of quality wire products in Rancho Cucamonga for the last fourteen years. We would like to voice our support of the efforts of the City Engineer to modify, and preferable eliminate, the current city ordinance requiring underground power utilities in the industrial area where our plant is located. The ordinance as it now stands is counterproductive, economically unpractical, unfair and discriminates against existing industrial firms in the area. It is our understanding that the ordinance was to apply to developing residential areas and not to existing industrial areas. While the opportunity exists to postpone underground power installations, the alternative posed by the ordinance is to sign a document classified as a "Lien Agreement ". The document appears to be far from a simple lien agreement and goes well beyond any acceptable standards set by management for such documents, A company is supposed to agree to spend an undetermined and apparently unlimited amount of money, at an unspecified time, and guarantee the obligation by mortgaging its land and physical plant. We respectfully submit that the scheme set out in the ordinance is unfair to the city's industrial and corporate citizens and counter- productive to the city's interest in industrial development, and should be eliminated to the extent it purports to apply to existing industrial areas. Respectfully submitted, INTEP.METRO INDUSTRIES CORPORATION Gerald �baker / c — '--- G, Vice President /General Mana-- ger GB /jf City Council Agenda Item 6A MEMORANDUM DATE: August 10, 1984 TO: Members of the'City Council and City Mana J ger FROM: Jack Lam, AICP, Director of Community Development SUBJECT: DEVELOPMENT FEES From time to time the City Council is asked to respond to the issue of development fees and why "existing" residents or those wishing to build only one house must also pay fees. Because of such inquiries I am asked to review the reasoning and philosophy of these regulations. Each fee as adopted by the City Council was designed to address a spe- cific problem area, i.e., drainage, systems improvement, etc. Since these problem areas exist even without "new development" occurring, the City Council could not equitably distinguish between "development" by a single homeowner and that done by someone who builds more. For instance, each incremental coverage whether by a single homeowner or "developer" contributes equally to the drainage problem. Many of the problem areas we have today are the result of deficits from pre -City development and as such preexisting homeowners "escaped" the cost they would have had to pay (through the cost of their home purchase) if, for example, the appropriate storm drains or street right -of -way were originally required by the County. Thus, new development not only must put in all needed infrastructure but must also contribute fees that are put to use in the preexisting areas. The greatest complaints developers have had is that fees are used to benefit those who do not contribute to the solu- tion. So difficult decisions had to be made regarding the sensitive issue of equity. The City Council debated extensively the philosophy and equity of the fee exactions and concluded that while no system is totally equitable, all those participating in the development process whether a room ad- dition, a single home or a number of homes must contribute to the future solutions. The Council gave recognition to "minor" development such as certain size additions and home projects by not requiring fees on the total improved lot or structure unless the construction exceeded a certain threshhold (in certain cases a specific size, on other cases 50% of the existing improvements) and added other exemptions. But the Council felt that once these threshholds were exceeded, the full fees would be required as with any other development. To summarize, the City Council established "development" fees and not "developer" fees and in doing so attempted to maintain as equitable a system as possible. Thus anyone'developing" in the City must pay his fair share. MEMORANDUM , August 10, 1984 D TO: City Council FROM: Beverly Authelet, City Clerk SUBJECT: Minutes We have been experiencing some problems interfacing the word processing software with the printer. You will note in the minutes which have been submitted that anytime we underline phrases which are all in capitals a "letter J" appears and then the line returns. We are in the process of obtaining a printer which is compatible with the software. However, we want to proceed with approval of the minutes if we can. Please overlook these minor problems. They will not appear in the finalized document. If you have any questions regarding this matter, see me. This process has been a real bear in trying to find hardware which is compatible with new software. ba • 0 ♦mlr III , Iflvn nrrn A Trnnrr A This report addresses a need for the formation of the above subject underground utility district to compliment the Southern California Edison's (SCE) requirement of the Lowy Development to underground existing electrical distribution lines at the northwest corner of Base Line Road and Hermosa Avenue. SCE has indicated its intent to advance Rule 20A funds to Rancho Cucamonga to underground SCE's existing overhead distribution lines originating at their Archline Substation on the southeast corner of Base Line Road and Turner (Hermosa) Avenue. These distribution lines run westerly along the north side of Base Line Road. The Lowy Development Co. will pay, in compliance with Rule 20B guidelines, to underground the distribution lines fronting its development. Their estimated cost is $35,000. Rule 20A funds will be utilized to compliment undergrounding distribution lines easterly and westerly of the Lowy Development, Rule 20A costs are estimated to be $90,000. However, in order for SCE to legally utilize these funds, Rancho Cucamonga must form the subject underground district. Formation of UUD #3 would be in conformance with the City Council's adopted Resolution No. 81 -175 of November 4, 1981, establishing a list of six potential projects for implementation of an active underground program. Additionally, undergrounding of the distribution lines should coincide with the present reconstruction of Base Line Road. Consequently, scheduling of a public hearing on September 5, 1984 for the formation of UUD #3 is essential so that SCE can commence said undergo ding immediately. Fortunately, there are no existing overhead electrical service connections within the subject UUD #3 limits which would require underground conversions. However, all private property owners within the district limits must be notified, in compliance with the City's Municipal Code Title 13, of the proposed formation of UUD #3. STAFF REPORT L,-__.., ti A DATE: August 15, 1984 s 197 TO: City Council and City Manager FROM: Lloyd S. Hubbs, City Engineer BY: Richard Cota, Assistant Civil Engineer SUBJECT: FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 3 (UUD #3) ALONG BASE LINE ROAD FROM TEAK WAY TO EAST OF HERMOSA AVENUE This report addresses a need for the formation of the above subject underground utility district to compliment the Southern California Edison's (SCE) requirement of the Lowy Development to underground existing electrical distribution lines at the northwest corner of Base Line Road and Hermosa Avenue. SCE has indicated its intent to advance Rule 20A funds to Rancho Cucamonga to underground SCE's existing overhead distribution lines originating at their Archline Substation on the southeast corner of Base Line Road and Turner (Hermosa) Avenue. These distribution lines run westerly along the north side of Base Line Road. The Lowy Development Co. will pay, in compliance with Rule 20B guidelines, to underground the distribution lines fronting its development. Their estimated cost is $35,000. Rule 20A funds will be utilized to compliment undergrounding distribution lines easterly and westerly of the Lowy Development, Rule 20A costs are estimated to be $90,000. However, in order for SCE to legally utilize these funds, Rancho Cucamonga must form the subject underground district. Formation of UUD #3 would be in conformance with the City Council's adopted Resolution No. 81 -175 of November 4, 1981, establishing a list of six potential projects for implementation of an active underground program. Additionally, undergrounding of the distribution lines should coincide with the present reconstruction of Base Line Road. Consequently, scheduling of a public hearing on September 5, 1984 for the formation of UUD #3 is essential so that SCE can commence said undergo ding immediately. Fortunately, there are no existing overhead electrical service connections within the subject UUD #3 limits which would require underground conversions. However, all private property owners within the district limits must be notified, in compliance with the City's Municipal Code Title 13, of the proposed formation of UUD #3. CITY COUNCIL STAFF REPORT Formation of Underground Utility District No. 3 (UUD d3) August 15, 1984 Page 2 RECOMIENDATION It is recommended that Council adopt the attached resolution calling for a public hearing on September 5, 1984 to determine whether public necessity, health, safety or welfare requires the formation of Underground Utility District No. 3 along Base Line Road from Teak Way to East of Hermosa Avenue. s ctflly sumted, LB: :jaa Attachments n U Ll RESOLUTION NO. 08- 15 -1OCR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING FOR A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE.FORMATION OF AN UNDERGROUND UTILITY DISTRICT ALONG BASE LINE ROAD FROM TEAK WAY TO EAST OF HERMOSA AVENUE, AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION WHEREAS, it has been recommended that an underground utility district, hereinafter called District be formed; and WHEREAS, Rancho Cucamogna Municipal Code Section 13.04 establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in any district. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCO CUCAMONGA, AS FOLLOWS: • Section 1: That an underground utility district, be formed, in the following descrt ed area. Those portions of Tract No, 8918, as per plat recorded in Book 122 of Maps, Pages 99 and 100; Tract No. 11350, as per amended plat recorded in Book 171, Pages 1 through 3; Portion of the East 1/2 of Section 35, Township 1 North, Range 7 West, San Bernardino Base and Meridian per County Assessor's Map recorded in Book 202, Page 20; Tract No. 9449, as per plat recorded in Book 136, Pages 99 and 100; Portion of the North 112 of Lot 5 of Cucamonga Fruitlands as per plat recorded in Book 4, Page 9; Portion of the North 1/2 of Lot 4 of Cucamonga Fruitlands as per plat recorded in Book 4, Page 9; all records of the County Recorder of San Bernardino County, State of California, lying within a strip of land 120.00 feet wide, the centerline of which is described as follows: Beginning at the intersection of the centerlines of Base Line Road and Teak Way as per the above said Map of Tract No. 8918; thence easterly along said centerline of Base Line Road a distance of 1080 + feet to a point on the centerline of Base Line Road distant thereon South 89 54' 17" East, 254+ feet from the intersection of the centerlines of Base Line Road and Hermosa Avenue as per the above said Map of Tract No. 11350. The sidelines of said 120.00 foot wide strip of land are parallel to and measured at right angles from the above described centerline of • Base Line Road, and shall be prolonged or shortened so as to begin from a line perpendicular to and passing through said Beginning Point at the intesection of the centerlines of Base Line Road and Teak Way and terminate at a line perpendicular to and passing through said ending point on the centerline of Rase Line Road east of Hermosa Avenue. • Section 2: NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Rancho Cucamonga on September 5, 1984, at the hour of 7:30 pm at the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, California to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service in the District herein described. Section 3: At such hearing, all persons interested shall be given an oppor uni y �o be heard. Said hearing may be continued from time to time as may be determined by the City Council. Section 4: The City Clerk shall notify all affected property owners, as shown on Mast equalized assessment roll, and utilities concerned of the time and place of such hearing and by mailing a copy of this resolution to such property owners and utilities concerned at least ten (10) days prior to the date thereof. Section 5: The area proposed to be included in the District is shown upon that certain map entitled "Underground Utility District No. 3" which is on file in the office of the City Clerk of the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 15th day of August, 1984. • AYES: NOES: ABSENT: ATTEST: Beverly A. Aut elet, City Clerk j as n Jon a s, Mayor A • • Added Consent Calendar Item for August 15, 1984 meeting MEMORANDUM DATE: August 15, 1984 TO: Members of City Council /1rn FROM: Lauren M. Wasserman, City Manager; V < 1 r . .. i 1977 SUBJECT: AUTHORIZATION REQUESTED TO PURtMiSE NEW AND REPLACEMENT CITY VEHICLES City Council authorization is requested to purchase the following City Vehicles: 10 - compact utility vehicles 2 - 3/4 ton pickup trucks 1 - 4 door sedan The utility vehicles and pickups are approved budget items. However, because of unusually high repair and maintenance costs the sedan is recommended for trade -in and replacement. Since it has been depreciated for four years and is being traded -in rather than moved down in our fleet, it is anticipated that no additional funds will be required for the purchase. LMW /kep May 31, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting 1. CALL TO ORDER An adjourned meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Thursday, May 31, 1984. The meeting was called to order at 6:11 p.m. by Mayor Jon D. Mikels. Present were: Councilmembers Pamela J. Wright, Charles J. Buquet II, Richard M. Dahl, Jeffrey King, and Mayor Jon D. Mikels. Also present were: Lauren M. Wasserman, City Manager; Robert A. Rizzo, Assistant to City Manager; Robert Dougherty, City Attorney; Lloyd Hobbs, City Engineer; Harry Empey, Finance Director; 8111 Holley, Community Services Director; and Jerry Grant, Building Official. Reviewed revenue forecast for 84 -85 budget. Item 2 - each department head reviewed with the City Council as an informational items, their budgets. Item 3 - direction was given by the City Council to refine budget with more description of line item costs, Item 4 - Capital improvement program to be discussed at 6 -14 -84 City Council adjourned budget workshop meeting. Item 5 - adjournment to executive session 6 -6 -84, 6:00 p.m. to review personnel matters and labor relations. ADJOURNMENT Motion: Moved by Dahl, seconded by King, to adjourn to executive session June 6, 1984, 6:00 p.m. Motion carried unanimously 5 -0. The meeting adjourned at 8:48 p.m. Respectfully submitted, Robert A. Rizzo Assistant to City Manager July 18, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES 1. CALL TO ORDER A regular meeting of the City Council met on Wednesday, July 18, 1984 in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga. The meeting was called to order at 7:35 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Pamela J. Wright; Charles J. Buquet II; Richard M. Dahl; Jeffery King; and Mayor Jon D. Mikels. Also present were: Acting City Manager and Community Development Director, Jack Lam; Assistant to City Manager, Robert Rizzo; City Clerk, Beverly A. Authelet; Administrative Analyst, Mark Lorimer; City Engineer, Lloyd Hobbs. Absent: City Manager, Lauren M. Wasserman. Approval of Minutes: None were submitted. 2. ANNOUNCEMENTS 2A. Thursday, July 19, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. 28. Thursday, July 26, 1984, 7:30 p.m. - ADVISORY COMMISSION, Library meeting room. 2C. Thursday, July 26, 1984, 7:00 p.m. - ADJOURNED CITY COUNCIL MEETING ON CATV, Lions Park Community Center. 20. Presentation, Jeffery Sceranka, Executive Director of Rancho Cucamonga Chamber of Commerce. 2E. Paul Saldana made a presentation of appreciation to Councilman Dahl for his efforts in restoring bus services to Chaffey College from Fontana for the disabled students. 2F. Floyd Tidwell, San Bernardino County Undersheriff, presented the Councilmembers with honorary Deputy Sheriff badges. 2G. Councilmember Pam Wright presented a report from the Mayors and Councilmembers Executive Forum held in Monterey July 16 -18. 2H. Mr. Lam presented a request from applicant that Consent Calendar item D be continued to August 1st. Council concurred. 3. CONSENT CALENDAR 3A. Approval of Warrants, Register No's. 84 -07 -18 and Payroll ending 6/24/84 for the total amount of $560,640.54. (Previously approved warrants for 6/29/84 in the amount of $269,334,12.) 38. Alcoholic Beverage Application No. AS 84 -17 for On -Sale Beer A Nine Eating Place License, Imkiaz Ahmeo and Anwar Ali, 8998 Foothill Boulevard. 3C. Approval of Tract No. 12386, located on the west side of Vineyard Avenue, between Arrow Route and Foothill Boulevard, submitted by TAC Development Company. City Council Minutes July 18, 1984 Page 2 RESOLUTION NO. 84 -200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 12386 3D. Approval of Parcel Map 8597, located on the east side of Vineyard Avenue, between Ninth Street and Arrow Route, submitted by Lozier Corporation. Item continued to August 1, 1984 meeting. RESOLUTION NO. 84 -201 (continued to 8 -1 -84) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8597 3E. Release of Bonds: Tract No. 11144 - located on the west side of Vineyard, north of Arrow; owner, TAU Uevelopment. Accept: Maintenance Bond (Road) E 3,350.00 Release: Faithful Performance Bond $33,500.00 (Road) Monumentation Bond S 4,300.00 Parcel Map 7244 - located on Elm Street, south of Foothill Boulevard; owner, Messenger Investment Corp. Release: Faithful Performance Bond $204,000.00 (Road) RESOLUTION NO. 84 -202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 7244 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 3F. Approval of release of landscape bond ($10,000 cash deposit) for DR 83 -25, Forcast Mortgage Corporation. All work (landscaping /improvements) has been performed to the satisfaction of the Planning Division. 3G. Approval of acceptance of DR 83 -10, Bonds and Agreement for construction of street improvements on Rochester Avenue at 8th Street, submitted by Julius Viana. RESOLUTION NO. 84 -203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 83 -10 3H. Approval of acceptance of DR 83 -21, Bonds and Agreement for construction of street improvements at the southwest corner of Foothill Boulevard and Hellman Avenue, submitted by Sickles- Stampley b Associates RESOLUTION NO. 84 -204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW 83 -21 3I. Approval of destruction of obsolete records in Community Development Department. City Council Minutes July 18, 1984 Page 3 RESOLUTION NO. 84 -205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 3J. Approval of consideration for a new Agreement with Great Western Savings & Loan for deferred compensation services. 3K. Approval of claim of $899,145 to be submitted to the San Bernardino Associated Governments (SANBAG) for the Rancho Cucamonga share of Transportation Development Act (TDA) Funds. Funds will be distributed as follows: $283,633 to Omnitrans; $615,512 for Streets and Road Purposes. X. Approval of Resolution to the Interstate Commerce Commission concerning the proposed merger of the Santa Fe and Southern Pacific Railroads. RESOLUTION NO. 84 -iO6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONCERNING THE PROPOSED MERGER OF SANTA FE AND SOUTHERN PACIFIC RAILROADS AND ELIMINATION OF REDUNDANT TRACKAGE AND UNNECESSARY GRADE CROSSINGS IN THE CITY OF RANCHO CUCAMONGA 3M. Approval of authorization for City Council Cable Television Subcommittee and Assistant to City Manager to attend National League of Cities Telecommunication Seminar, August 17, 1984. 3N. Approval of 1984 -85 budget adjustments adding $4,000 for maintenance needs of building and equipment, and adding $4,147 for contractual agreements to MSI for computer software /hardware. 30. Set public hearing for August 1, 1984 for appeal of Planning Commission Decision approving conditions placed on Tentative Parcel Map No. 8583, Lucas Land Company. MOTION: Moved by King, seconded by Dahl to approve the Consent Calendar with the deletion of Item 0. Motion carried unanimously 5 -0. 4. ADVERTISED PUBLIC HEARINGS 4A. APPEAL OF TENTATIVE TRACT 12650 - (This consists of two separate appeals) 1. Appeal by the Deer Creek COMPANY of the Planning Commission's decision to impose three additional conditions of approval for Tentative Tract 12650. 2. Appeal by Deer Creek HOMEOWNERS of the Planning Commission's decision to approve Tentative Tract 12650. Staff report presented by Rick Gomez, City Planner. Councilman King inquired about the logic behind the removal of the four lots. Mr. Gomez responded that the Planning Commission felt by removing one lot in each of the four tiers, it would allow for the widths in those areas to be enlarged to provide a minimum lot width of 140 feet which was the average lot width within the existing Deer Creek Development. City Council Minutes July 18, 1984 Page 4 Mayor Mikels opened the hearing to those representing the Deer Creek Company and those in agreement with that point. Attention should be focused on the recommendation of the Planning Commission with comments addressed to the modifications to the tract map as submitted to the Deer Creek Company. Addressing Council were: Michael Vairin, Director of Planning and Administration for the Deer Creek Company, presented background of the origination of Deer Creek, the reasoning behind their appeal, and their intentions for the development of the remaining portion of Deer Creek. It is clearly indicated within the final subdivision report, which is required by the Department of Real Estate, as well as within the CCBRs that are attached to the property that they could not totally assure that the project would develop as originally designed. Originally it was not anticipated that this project would take as long as it has. They have found over the last seven years prices of the Deer Creek homes have risen by more than $100,000. In order to hold the line on these rising costs and to continue to provide Rancho Cucamonga with a choice and high quality living, they are faced with two options: (1) build the smaller home on the existing lots, or (2) reduce the lot size and continue building good size homes, ranging from 1800 square feet to 3600 square feet. They are not asking for approval of house designs. They are asking for subdivision approval only. They have appealed three of the conditions for which the Planning Commission attached to the project: Notification of the homeowners, elimination of the four lots, and the requirement that no dwellings be less than 2500 square feet. They are withdrawing their appeal of the notification of the homeowners. They request Council to allow them to retain the four lots. The Planning Commission stated this was done to provide variable lot widths, some up to 140 feet which is 50 feet in excess of the City Code. Also, it is in excess of the existing lot widths in Deer Creek, by as much as 30 feet. Lots being proposed will be in widths in the range of 115 to 120 feet which is 15 to 30 feet greater than City Code. Therefore, they have offered a revised condition which will require them to provide more variation in lot widths without eliminating lots because they do have extra widths in the lots. They have been accused of proposing to build smaller houses on smaller lots. They are reducing the lot size, but still exceeding the minimum City requirement. They are not proposing to design or construct any homes smaller than what currently exists at the Deer Creek community. They want to have as much flexibility in order to develop a customized look. They intend to design and build a new model complex in this phase to be consistent with the Deer Creek project, as well as offer the sale and construction of all existing floor plans currently in Deer Creek. The CCBRs already prevent them from building less than 1800 square feet and does require a minimum of three car garage. They are requesting City Council to eliminate the condition of the 2500 square foot and have this matter more appropriately addressed when designs of the dwellings are available and the project is revised and reviewed during the design review process. Meeting opened to those in support of the appeal by Deer Creek Company. Addressing Council were: Anne Calinsky, 5468 Valinda Street, requested the City Council overturn the Planning Commission's decision concerning the house size minimum and allow the minimum to be 1800 square feet as set forth in the CC&Rs in Deer Creek. Richard Smith, 5481 Valinda Street, stated that the Planning Commission minutes reflect that he was against the Deer Creek Company - -he was actually in support of the Deer Creek Company. Both he and his wife feel that what the Deer Creek Company is intending to do with the lots above where everyone is now, will not change the concept. He would be very concerned if they changed the product rather than the lot size. He did not feel that 1/2 acre lot size would create that much of a problem for the current homeowners or a problem for the resale value. City Council Minutes July 18, 1984 Page 5 Bryce Jones, 10544 Wilson, expressed support for the Deer Creek Company and requested Council overturn the lot size and the house size. Maxine Wilcox, 10802 Hillside, felt that 1/2 acre lots was large enough. Also, she did not want 100 houses just like her's in the development but would like a variety. There being no further response in support of the Deer Creek Company's appeal, Mayor Mikels opened the hearing to the Homeowners and those in support of their appeal. Addressing Council were: William Van Dyk, legal counsel representing a number of the Deer Creek Homeowners, felt they have lost sight of the real issue. This is not a new project, but is one that has been in the works and has been sold as an existing project. He expressed that he felt the real issue is whether the Deer Creek Company, or any other developer who has received approval and previously subdivided a portion of real property for the purpose of constructing a planned community development, may after the development and sale of over half the planned community, resubdivide the balance of the project without the consent of the homeowners. If so, on what terms and conditions can any such resubdivision occur. Mr. Van Dyk further stated that the interest which the homeowners association has in the present recorded map is in the bridle paths. Under the CCSRs, the fee title must be conveyed to the association, so there is in fact a contingent future fee interest in those properties which pursuant to Government Code Section 66430 requires a consent of each and every homeowner. The Deer Creek Community is a 293 acre planned residential development; it is an existing development; it is not something brought to Council tonight for the first time. Now they want to go back and radically redesign this project, but at the same time would like to retain the benefits of the Deer Creek Community; that is, use their CCBRs and join their homeowners association. What they want is: To have items 1 -3 as set forth on page 7 of the Planning Commission minutes included in the CCBRs. Pursuant to Sections 66430 that there be consent of all homeowners to the filing of any final map. That the Deer Creek Company contact the Department of Real Estate and advise them of the significant change in their development. Mr. King asked Mr. Van Dyk why he believed that the minimum of 1800 square feet was not appropriate for the new portion? Mr. Van Dyk responded that if you are going to stick with the existing CC&Rs which incorporate by reference all final maps on the property, the size and configuration of the lots are fixed, then lets be compatible with the development which has been going on within the Deer Creek area. In the last two phases the smallest house size was 3370 square feet. On April 12th when Deer Creek met with the homeowners, they said they were going to build 2900 to 3600 square foot homes. Then when they went to the Planning Commission, they stated they would like to build 1800 square foot homes. They have to be consistent; the area has to be compatible; growth has to be compatible. If we are going to allow a radical modification of a project, then at least that modification should be restricted in the sense that it be compatible with what 1s already there. Mr. King asked if Mr. Van Dyk felt the issue of house size should be addressed at a later time when designs and concepts are actually formulated. City Council Minutes July 18, 1984 Page 6 Mr. Van Dyk responded that it is properly before the Council now for the reason that both people and building density must be considered by the Planning Commission and the City Council in terms of reviewing compliance with the General and Specific Plans. It is an issue which must be reviewed at this time. In addition, this is a custom lot subdivision. They do not have to submit any architectural plans at this point in time. Once the tentative map is approved, the approval of the final map is a ministerial task. Failure to attach conditions to that tentative map will preclude from being able to ever have public participation and input by the affected homeowners on the proposed development. Mayor Mikels asked the City Attorney to respond to the legal issues raised by Mr. Van Dyk. Mr. Dougherty responded that they have been accused of having a conflict of interest in this matter. He stated that over five years ago, they prepared the CCBRs for the developer although they have not represented the developer for almost five years. He does not believe a conflict exists. Some of the legal issues raise, he would certainly comment an thr *. However, since the developer does have his own attorney present, he felt he might comment on those issues first. Mr. King inquired specifically about the point regarding the ministerial act. Mr. Dougherty responded that the approval of the final map, if the final map is in compliance with all conditions of the approved tentative map, is a ministerial act. Mr. King asked if this means that at a future point in time there would be no right of review in terms of the houses themselves? Mr. Dougherty answered that there would be the ability to have a design review of the houses, but the approval of the tentative map or the final map does not deal with what goes on the lots themselves other than in general terms. As far as the lot size, the configuration of streets, etc. that would be set. Mr. King asked what power would there be at that time to play with the house size? Mr. Dougherty responded that if the condition regarding the house size is attached, then if at a later point in time they come for a building permit and they are less than what has been permitted, the building permit could be denied. Mr. King asked what if it were not attached at this point in time? They have CCBRs which say that 1800 square feet, is there any power at a later point in time to attach any specific house size setting a higher minimum? Mr. Dougherty stated only by way of zoning. However, the CCBRs do provide for annexation of additional phases and future phases, and that the clearance should be under no obligation to develop and /or annex additional real property to the project which would be the addition of future phases. In that case, we can't be assured that the 1800 square feet which presently applies to those developed phases which have been annexed will apply to the future phases unless the existing CCBRs are annexed in the future phases. Councilwoman Wright inquired about the reference made of the possibility of input regarding the architectural phase of this development. She was under the impression that the Planning Commission placed conditions 1 and 2 because it was a custom lot subdivision and since there would not be a chance for additional review, they were creating a chance by making them come before the Planning Commission for approval of the architectural design and notification of each of the homeowners within Beer Creek. Mr. Dougherty stated it appeared that the intent of the Planning Commission's conditions was to allow the homeowners the input at the time of the precise design review. City Council Minutes July 18, 1984 Page 7 Councilwoman Wright inquired that when they get to that stage after the plans are drawn, floor plans are ready, street themes are ready to come before the Planning Commission, would the public have an opportunity to be heard at that time? Mr. Dougherty stated that in his opinion the public would have to be given notification and would have a right to be heard. Mr. Gomez pointed out that under the zoning regulation there is authority entitling the City to review the architecture, unit size, and location of the units on those lots. At that time we could have the conditions of approval on the design as to the appropriate unit size. Councilwoman Wright asked if the public would have a chance to address the issue at that time and be heard? Mr. Gomez responded they would. Mayor Mikels continued the public hearing for those who wished to speak in support of the appeal by the homeowners. Addressing Council were: Barbara Balakrishnan, 10856 Hillside, expressed she was absolutely opposed to the project. She could not trust the developer's word as evidenced by what he has taken as a Planning Commission recommendation and incorporated it into a letter to them stating it was his own idea that he would butress the proposed project up against her house and make it the same width. Dick Card, 10915 Hillside, stated he was against the proposed new remapping of the project. One of the issues which continually pops up is the CC&Rs. When the CC&Rs were written, the houses which were built were 1800 square feet. He has heard that approximately 20% are within that size which means that 75 -80 percent of the homeowners living there has selected larger houses. Dave Britton, 10920 Beachwood Drive, are definitely opposed to this development. Feels that the builder has a legal and moral obligation to fulfill the project which was originally planned and in the tract map which was included in the CC&Rs. He submitted a tabulation of square footage of the homes in Deer Creek which he had compiled. Bob Glennon, 5675 Canastil, commented on a Deer Creek Brochure which is presented to perspective purchases in that community. The last sentence points out that "this team has taken the Deer Creek idea from inception to completion in the spirit of a great creative adventure destined for success." He felt the real issue was whether the trust that homeowners has placed in this developer has been violated. He commented about the precedent which will be established in the City of Rancho Cucamonga if this development is approved. Because if you can split and redevelop a one acre site what would prevent the next builder from requesting a split of a 1/2 acre site. Patricia Berona, 10918 Hillside, expressed that they felt the Deer Creek Company could not be trusted and asked that the City Council help them to put these things in the CC&Rs so they will have some sort of guarantee that they will be done. If this cannot be done, then deny the map and leave it the way it was. The smaller homes were in the first phase; as you go up the hill the homes get larger. There being no further comments from the Homeowners, Charles Fedalen, attorney for the Deer Creek Company, stated his purpose for being there was in case any questions arose. He addressed the following items mentioned by Mr. Van Dyk pursuant to the suggestion of the city attorney: 1. To the best of his knowledge, Mr. Van Dyk does not represent the homeowners association of Deer Creek. He represents a number of the homeowners, but there are also a number of the homeowners who are in favor of what the Deer Creek Company wants to do. City Council Minutes July 18, 1984 Page 8 2. Another issue pertains to the DRE White Slip, the final subdivision public report. He read a portion of language contained in all of those documents which are required by statute to be given to each purchaser at Deer Creek. "This is the first (or second) increment of a total project which developed as proposed will consist of six increments and 293 lots. There is no assurance that the total project will be completed as proposed." The reason this was added is that when there is phased development, a developer develops a development in phases for one major reason -- what is marketable and desired by the public at year one may not be marketable or desired by the public at year seven. The Deer Creek Company only wants to build houses within the lot size and building size which currently exists at the Deer Creek Company. They do not want to build houses under 1800 square feet. They would go along with a condition that they are not allowed to build houses under 1800 square feet. There being no further public response, Mayor Mikels closed the public hearing. Councilman King asked Mr. Vairin for the logic behind the 1800 square foot figure proposed by Deer Creek? Mr Vairin answered that the 1800 square foot came voluntarily by the builder. Now it has come to a point where they have two floor plans that currently exist in Deer Creek - one of 1951 square feet and the other of 2356 square feet. They would like to offer those two particular floor plans for sale. Of the total development presently there, there is approximately 20 percent of those homes. They are proposing to develop a new model complex of homes compatible and equal to the last phase. However, if an individual comes in and requests Plan 2 which is 2356 square feet, they would like the opportunity to be able to build this for them. He suggested that if Council was considering making any modifications that you would at least allow them to be able to build at least the same amount that they have in the current development which is 20 percent of the homes to be under the 2500 square foot, but no less than 1800 square feet and a three car garage. Councilman Dahl inquired about a statement in a letter written by Mr. Vairin to the City which states that the proposed lot sizes range from 2900 -3600 square feet. Mr. Vairin responded that the reference to that was that when they held the homeowners meetings before the Planning Commission meeting, many individuals asked what were they going to build. They are currently building a floor plan of approximately 2900 square feet. So they showed that as an example. However, they did clarify this in all their representations orally. Unfortunately, they didn't in that letter referred to by Mr. Dahl that they also intend offer for sale the current existing floor plans. Mr. Dahl expressed that these were misleading documents and could see why the homeowners were concerned. Councilwoman Wright asked Mr. Dougherty how binding legally were CC&Rs and what power do they have in court? Mr. Dougherty stated that CCERs are legally binding and are enforceable in court. The provisions regarding enforcement are generally spelled out in the CCdRs. He has not reviewed these with the idea of commenting on the enforcement procedure so he could not answer exactly the mechanism. Councilwoman Wright also asked if it were defined anywhere the city's ability or inability to impose restrictions on CCARs. City Council Minutes July 18, 1984 Page 9 Mr. Dougherty responded that in the past with all subdivisions with CC&Rs what we have done is to provide that the CC&Rs will be reviewed by and are acceptable by the City Attorney. He does not recall a situation where we have actually dictated what goes into the CC&Rs. Normally we impose the City conditions and the conditions of approval on the tentative map by design review, by zoning, etc. Normally what we review the CC&Rs for is to see whether or not the enforcement mechanism is there. Generally when we are dealing with areas of private roads, streets, and open space where if the homeowners association for some reason fails to enforce the CC&Rs, then the City would have the ability to assume the enforcement to make sure the private roads, streets, and open space are kept up. Councilwoman Wright inquired if the City was prohibited from the ability to impose restrictions on CC&Rs? Mr. Dougherty responded that CC&Rs are just another way of imposing restrictions on property, and he was not aware of any direct prohibition to cities from imposing restrictions on CC&Rs. However, it is not normally the way a City would go about imposing its restrict:ons. Mr. Buquet expressed that he hasn't seen a strong, compelling reason as to why we should impose a condition on this development. He felt the developer was cognizant of the concerns of the people. If he should sell the property under consideration then there would be some serious problems because the new owner would be under no obligation to do anything with that property other than develop it to its highest and best use for a profit margin. Councilman Dahl asked Mr. Van Dyk if the Planning Commission's decision was palatable? Mr. Van Dyk responded that what the Planning Commission proposed was an appropriate step in the right direction. Given Deer Creek's past performance, its unwillingness to accept these conditions at this time is evidence of the fact that appropriate steps must also be taken to make certain that these conditions are met by whomever the developer may be. They have reason to believe that Deer Creek's desires are significantly different from the homeowners, and they would like to see those conditions put into the CC&Rs. Councilman Dahl stated that he was not interested in imposing something on the Deer Creek's CC&Rs. In his opinion the CC&Rs are something that is developed between the homeowners association and the Deer Creek Company. Mr. Van Dyk stated that their desire was to have the conditions amended to the extent that three additional conditions may be introduced: (1) that homeowner consent must be secured pursuant to Government Code Section 66430 and (2) that a condition be attached that the Department of Real Estate be given notice of the change in the subdivision and that the homeowners be allowed to have their input on that before the tentative is approved, and (3) to change the four conditions which were laid down to the extent that a condition be added that those conditions be introduced into the CC&Rs. Councilman Dahl stated that he felt the Planning Commission did the right thing. He did, however, have a problem with the 2500 square foot minimum considering you have an 1854 square foot housing element within the present tract even though it is in the first phase. He wanted to set an arbitrary figure of 2000 square foot minimum for the upper section. Councilwoman Wright asked if it is possible for someone to come in and purchase this land and ask for a waiver of any of the conditions? Would a public hearing have to take place. Mr. Dougherty responded that it is always possible. Before a condition of a tentative map can be changed, there would have to be an application and a public hearing on that request. Once these conditions are established after a public hearing, they can't be changed without a further public hearing with the appropriate notifications given. City Council Minutes July 18, 1984 Page 10 After further discussion by the Council regarding compatibility, the following motion was made: MOTION: Moved by Dahl, seconded by King to uphold the Planning Commission's decision and deny both appeals. Discussion continued regarding the minimum square footage of the houses. Both Mr. King and Dahl withdrew their previous motion and made the following motion: MOTION: Moved by King, seconded by Dahl to uphold the Planning Commission's decision, deny both appeals, and to modify No. 4 of Section 2 of Planning Commission Resolution No. 84 -45 to read: "All future residential units shall be 2500 square feet except that no more than 20 percent of the homes shall be permitted to have a square footage of less than 2500, but no case shall the square footage be below 2356." Motion carried by the following vote: AYES: Buquet, Mikels, Dahl, King NOES: Wright ABSENT: None Mayor Mikels called a recess at 9:40 p.m. The meeting reconvened at 9:50 p.m. with all members of Council present. 4B. REVISIONS TO THE GENERAL PLAN HOUSING ELEMENT - In acc rdance with Art —cTe 10.6, Section 65580 of the California Government Code, a revision and update to the City Housing Element. Staff report by Otto Kroutil, Senior Planner. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 84 -207. RESOLUTION NO. 84 -207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GENERAL PLAN HOUSING ELEMENT REVISIONS. MOTION: Moved by Buquet, seconded by Dahl to adopt Resolution No. 84 -207 approving the Housing Element and the issuance of a Negative Declaration, and to waive full reading. Motion carried unanimously 5 -0. 4C. ORDERING THE WORK IN CONNECTION WITH ANNEXATIO N MAINTENANCE DIS +16 -1, 1231 , - - TERRA VISTA. Staff report Uevelopment Director. NO. 4 TO STREET LIGHTING by Jack Lam, Community Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 84 -208. RESOLUTION NO. 84 -208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 4 TO STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12316 12316 -1 12317, 12317 -1, 12364, 12364 -1 AND 12401 (TERRA VISTA). City Council Minutes July 18, 1984 Page 11 MOTION: Moved by Wright, seconded by King to adopt Resolution No. 84 -208 ordering the work in connection with Annexation No. 4 to Street Lighting Maintenance District No. 1, and waiving full reading. Motion carried unanimously 5 -0. 5. NON - ADVERTISED HEARINGS 5A. AN AMENDMENT TO THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING CRITERIA FOR PRIVATE OPEN SPACE CROIT AGAINST RESIDENTI- L SUBDIVISI Staff report by Bill Holley, Community Services Director. After some discussion, Council made a correction to Ordinance No. 195 -C, Section 6 as follows: (6). That the minimum open space for which credit will be considered is a minimum of three acres and provides a mini;;.dm of four of the elements listed below, or a combination of such, and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: Criteria List A. Children's play apparatus B. Family barbecue picnic area C. Game court area D. Swim pool with adjacent deck and ancilliary facilities E. Recreation Building The subdivider requesting consideration for private open space credit shall, as part of the submittal filing include: (1) Written request for such consideration by the Planning Commission; and (2) Submit detailed plans and specifications for areas and improvements within such proposed private open space. The Planning Commission shall, as an element of the review for private open space credit, solicit comments and recommendations from the Park Development Commission on all such applications. Councilman Dahl expressed opposition to the Ordinance stating that he felt it was a bad ordinance and would be extremely harmful to the City's overall park plan. If a developer is going to build a condominium project and we place a condition on it that he has to have a tot lot and a certain amount of open space within this development, he has to do it. We don't need to give any park credit whatsoever. Therefore, he is totally opposed to this ordinance and recommended that it not be pursued any further. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Pam Henry, Chairman of the Park Development Commission, stated this was discussed in order to comply with State law and to try to develop something that would be guidelines at the same time for the Planning Commission. The Park Committee was trying to be fair to developers of all size developments. There being no further response from the public, Mayor Mikels closed the public hearing. City Clerk Authelet read the title of Ordinance No. 105 -C. City Council Minutes July 18, 1984 Page 12 ORDINANCE NO. 105 -C (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SUBSECTIONS E AND F OF SECTION 16.32.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO PARK AND RECREATIONAL LAND DEDICATION REQUIREMENTS. MOTION: Moved by Buquet, seconded by King to waive full reading of Ordinance No. 105 -C. Motion carried unanimously 5 -0. Mayor Mikels set second reading for August 1, 1984. 6. CITY MANAGER'S STAFF REPORTS 6A. STATUS REPORT OF MATTERS RELATING TO VECTOR CONT ROL CONCERNS IN THE HAVEN AVEN L —Sta re ort by Jac am, Community Development Director. Councilman Buquet went over a memo sent to him by Gary Richards dated July 18, 1984 regarding a meeting held at the Wheatley residence which was attended by residents, Mr. Richards, and himself. At this meeting they tried to explain what has been done to eliminate the fly situation in Alta Loma. Such questions considerated were: Are stronger regulations required to resolve this problem? Should the City implement its own vector control? Will local residents have to file a class action suit in order to force violators compliance with current regulations? Some recommendations made were: Education of City residents of the fly problems and its causes and sources through the local newspaper and the Grapevine. (Its not just chicken ranches causing the problem. Some other factors are abandoned orchards, dumping garbage) Maintain constant pressure on San Bernardino County Vector Control to be sure problem areas are monitored on a regular basis. Tighten City ordinances and regulations or creating an ordinance that would better regulate the problem. Have County Vector Control Officer educate current Code Enforcement personnel so City personnel could monitor more closely. Monitor the problem to see if a long range requirements are necessary. Addressing Council was Kathy Wheatley, 10345 Poplar Street. She presented the following added information: Spoke with Mr. Stringer, Board of Trustees of Vector Control with new Assessment District they have in Chino. He gave her suggestions on ways to start our own Assessment District. However, it took them four years to establish the Assessment District. He suggested looking into a contract with the County Vector Control; apply for membership in the West Valley Vector Control District in Chino (cost would be $9.00 /year for single family residence and $16.00 /year for commercial or agricultural property. If we requested to join now, it would probably be about June before it was completed); also before the Senate was SB -2162 which will give the voters a chance to pass Emergency Vector Districts; and Federal funds are available for vector control. a City Council Minutes July 18, 1984 Page 13 ACTION: Council referred the item to staff to explore the possibilities of formation of our own Vector Control Assessment District, annexation to the West Valley District, explore other solutions, and to investigate the items listed in Mr. Buquet's memo. Mayor Mikels called a recess at 10:40 p.m. The meeting reconvened at 10:50 p.m. with all members of Council present). the 6B. CONSIDERATION OF MOBILE HOME PARK MATTERS - The City Council discussed subject of Mobile Home Park Mediation. Staff report by Mark Lorimer, Administrative Analyst. Councilman King stated that the Subcommittee comprising of himself and Councilwoman Wright held a meeting and have a draft ordinance which they feel is responsible and fair. What they would like to do is to continue the present ordinance for another 60 days in order to give the Subcommittee time to better define and perfect the draft ordinance. Mr. Dougherty recommended that staff draft an urgency ordinance removing the sunset clause in the present ordinance. Mayor Mikels opened the meeting for public hearing to address the procedure which Council had just set. Addressing Council were: Mary Nummergut stated the notification of their rent increases comes on October 1, 1984. She wanted to be sure this ordinance would be in effect by that time. Art Greffly asked if it is possible to put a freeze on any rent activity until Council reaches a solution. Les Hemstry, Alta Laguna Ed Batka, Alta Laguna There being no further public response, the public hearing was closed. Mr. Dougherty stated that he would have an answer available at the next meeting regarding whether Council could establish a freeze on rent activity. MOTION: Moved by King, seconded by Dahl to consider the following: On August 1 - removing the sunset clause in Ordinance No. 148 by urgency measure. On August 15 - a new mobilehome ordinance. Motion carried unanimously 5 -0. 6C. DONATION OF 6 ACRES OF PARKLAND TO THE CITY OF RANCHO CUCAMONGA. Staff report by Bill Holley, Community Services rec or. MOTION: Moved by Dahl, seconded by Wright to accept the six acres of land donated for parks. Motion carried unanimously 5 -0. 6D. CONCEPTUAL DEVELOPMENT PLAN FOR VICTORIA WINDRO WS PARK. Staff report by Bi11 Ho I I ey, Communi ty ery ces rec or. City Council Minutes July 18, 1984 Page 14 Mayor Mikels opened the meeting for public input. Addressing Council was: Pam Henry, Chairman of Park Development Commission, stated the Commission did like the Plan and felt it was a good park and school use. There being no further public response, the hearing was closed. MOTION: Moved by King, seconded by Wright to approve the conceptual plan for the Victoria Windrows Park. Motion carried unanimously 5 -0. 6E. RECOMMENDATION FROM THE PARK DEVELOPMENT COMMIS SION CONCERNING THE NAMING OF ,INGA. Staff report by Bill Holley, Community Services Director. After some discussion, Council made the following amendments to the Resolution: To change the current name of Deer Creek to the proposed name of Rancho Cucamonga Park. To consider the name for the present Church Street Park at another time. Council not in agreement to the proposed name of John P. Quimby Park. City Clerk Authelet read the title of Resolution No. 84 -209. RESOLUTION NO. 84 -209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, NAMING CERTAIN PARK FACILITIES WITHIN RANCHO CUCAMONGA MOTION: Moved by Buquet, seconded by Wright to adopt Resolution No. 84 -209 as amended renaming city parks, and to waive full reading. Motion carried unanimously 5 -0. 7. COUNCIL BUSINESS 7A. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE ACTION: Council appointed Councilman Buquet as the delegate and Councilman Dahl as the alternate. 7B. REDESIGNATION OF RIVERSIDE COUNTY AND SAN BERN ARDINO COUNTY TO ATTAINMENT AREA FOR NITROG mayor Miikelss presented report. City Clerk Authelet read title of Resolution No. 84 -210. RESOLUTION NO. 84 -210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING REDESIGNATION OF RIVERSIDE COUNTY AND SAN BERNARDINO COUNTY TO ATTAINMENT AREAS FOR FEDERAL AMBIENT AIR QUALITY STANDARD FOR NITROGEN DIOXIDE MOTION: Moved by Dahl, seconded by Buquet to adopt Resolution No. 84 -210 requesting redesignation of of portions of Riverside and San Bernardino County of the South Coast Air Basin to attainment of the federal air quality standard for nitrogen dioxide and waive full reading. Motion carried unanimously 5 -0. i x x x x x x ADDED ITEMS: City Council Minutes July 18, 1984 Page 15 Councilman Dahl stated that as far as terms of office for the Park Development Commission, he felt they should draw straws. ACTION: Council concurred with Mr. Dahl's recommendation to let them draw straws for terms of office. Councilman Dahl requested that Council consider changing the dates for the Municipal Election and consolidate with November odd years. ACTION: Council directed staff to return at the next meeting with a report for discussion. * * + x x x 8. ADJOURNMENT MOTION: Moved by Dahl, seconded by Wright to adjourn to a Closed Session not to reconvene this evening, but reconvene on Thursday, July 26, for a CATV Workshop. Motion carried unanimously 5 -0. Meeting adjourned at 12:10 a.m. Respectfully submitted, Beverly A. Authelet City Clerk , i July 26, 1984 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting I. CALL TO ORDER An adjourned meeting of the City Council of the City of Rancho Cucamonga, met on Thursday, July 26, 1984 in the Lions Park Community Center, 9161 Base Line Road. The meeting was called to order at 7:06 p.m. by Mayor Jon D. Mikels. Present were Councilmembers: Charles J. Buquet II; Jeffrey King; and Mayor Jon D. Mikels. Absent: Councilmembers Pamela J. Wright (who arrived late) and Richard M. Dahl. Also present were: Acting Assistant City Manager and Community Development Director, Jack Lam; City Attorney, Robert C.dgherty; City Clerk, Beverly A. Authelet; Assistant to City Manager, Robert Rizzo. Approval of Minutes: None were presented for approval 2. CONSENT CALENDAR No items were submitted for consideration. 3. STAFF REPORTS 3A. CONSIDERATION OF AN ORDINANCE ESTABLISHING AN AB -1355 REVENUE MORTGAGE BOND PROGRAM .. Staff report presented by Jack Lam, Acting City Manager and Community Development Director. Scott Sollars, Stone and Youngberg, presented report to Council. Bill Fieldman, Fieldman and Rolapp, reviewed the purchase agreement and reported that he finds the spread satisfactory. Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. City Clerk Authelet read the title of Ordinance No. 229. ORDINANCE NO. 229 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELATING TO THE ESTABLISHMENT OF A HOME MORTGAGE FINANCING PROGRAM FOR MODERATE AND LOW- INCOME FAMILIES FOR THE CITY OF RANCHO CUCAMONGA MOTION: Moved by King, seconded by Buquet to waive full reading of Ordinance No. 229. Motion carried by following vote: AYES: Buquet, Mikels, King NOES: None ABSENT: Wright, Dahl Andy Nall, Jones, Hall, Hill 6 White, explained to Council that this was a special Ordinance with the adoption procedures established by AB -1355 which did not require a second reading, but was a special type ordinance which was adopted immediately. City Council Minutes July 26, 1984 Page 2 MOTION: Moved by King, seconded by Mikels to adopt Ordinance No. 229 which establishes a Home Mortgage Finance Program for moderate and low income families in the City of Rancho Cucamonga. Motion carried by the following vote: AYES: Buquet, Mikels, King NOES: None ABSENT: Wright, Dahl 3B. CONSIDERATION OF A RESOLUTION AUTHORIZING THE SALE OF $27,875,000 SINGLE FAMILY MORTGAGE Report presented by ac Lam. City Clerk Authelet read title of Resolution No. 84 -211. RESOLUTION NO. 84 -211 A RESOLUTION OF THE CITY COUNCIL OF T:;E CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF $27,875,000 PRINCIPAL AMOUNT OF HOME MORTGAGE REVENUE BONDS 1984 SERIES A, SUCH BOND TO BE ISSUED PURSUANT TO A TRUST INDENTURE DATES AS TO THE DATE OF THE BONDS, APPROVING OFFICIAL STATEMENT RELATING TO SUCH BONDS, AUTHORIZING THE EXECUTION OF AND APPROVING IMPLEMENTING AGREEMENT, DOCUMENTS AND ACTIONS AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. MOTION: Moved by Buquet, seconded by King to adopt Resolution No. 84 -211 authorizing the issuance of Home Mortgage Revenue Bonds and waiving full reading. Motion carried by the following vote: AYES: Buquet, Mikels, King NOES: None ABSENT: Wright, Dahl Mr. Lam informed Council that we would like to proceed with the RDA portion next week. However, it would mean calling a special meeting for Thursday. After some discussion, Council concurred that they would prefer trying to set the meeting for Wednesday before the regular City Council meeting. If the materials could not be ready in time, then they could continue the meeting. 3C. CONSIDERATION OF CABLE T.V. MATTERS: DEVELOPING PARAMETERS FOR REQUEST FOR PROP OF RANCHO CUCAMONGA. Staff report by -Robert Rizzo, Assistant to City Manager. Carl Pilnick, Telecommunications Management, presented overview. He commented that there were two bills before the legislature, SB -66 and HR -4103, which would have some impact on cities as to what they would be able to do in regulating cable television companies. It was his recommendation that Council not issue RFPs to new companies at this time. Instead he recommended that we work with the four cable companies already in the city for a period of time of approximately a month to see if they are willing to work with the city and if they can expand and provide upgraded levels of services to serve the entire city. (Councilwoman Pamela Wright arrived at 7:27 p.m.). Mayor Mikels stated that the Subcommittee consisting of Mr. Buquet and himself have met with Mr. Pilnick and are in basic agreement with him. Mayor Mikels opened the meeting for public input. Addressing Council was: Ulla Bauers was surprised at this new approach. He expressed that we were asking for minimums and we should be asking for more. City Council Minutes July 26, 1984 Page 3 Mayor Mikels explained that we are negotiating and trying to obtain as much as we can for the City. Mr. Bauers stated that according to the draft RFP it would appear that the capacity wasn't going to be enough for public service and educational needs also. We should negotiate and allow the community some input in the first tier. Mr. Buquet responded that he felt Mr. Pilnick could respond to Mr. Bauer's concerns in a letter. Councilwoman Wright asked for more Council input on this issue since she had not made up her mind. She was concerned about lack of public input. Mayor Mikels responded that this matter has been discussed for some time and all meetings have been public. Since this is a highly technical issue of which the average person is not aware, the Council is representing the people. Mr. Bauers is one of the few who has some knowledge of the cable televison. MOTION: Moved by Buquet, seconded by Wright to support the recommendations of the consultant to work with the local four companies; direct him to contact the four companies who are doing business in the city; to proceed and enter into agreement with them in respect to doing business within the City. Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. MOTION: Previous motion was carried by the following vote: AYES: Wright, Buquet, Mikels, King NOES: None ABSENT: Dahl 4. ADJOURNMENT MOTION: Moved by Buquet, seconded by Wright to adjourn the meeting. Motion carried 4 -0 -1 (Dahl absent). Meeting adjourned to next regular City Council meeting on August 1, 1984 at 7:50 p.m. Respectfully submitted, Beverly A. Authelet City Clerk / dgdst /*., 198y MAURY MICROWAVE (-- O R P O FZ A T I O N N=01"" 8610 HELMS AVE. • CUCAMONGA, CALIFORNIA 91730 • TELEPHONE (714) 987 -4715 July 27, 1984 Jon D. Mikels, Mayor, and Members of the City Council of The City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Subject: Tentative Parcel Map 8583 Dear Mr. Mayor and Members of the City Council: Maury Microwave Corporation has been located at 8610 Nelms Avenue, Rancho Cucamonga, since 1969. We moved into this area because we believed that zoning, manpower, housing and the quality of life conditions that we envisioned for company growth would be realized. We are currently in escrow on the proposed northern parcel of the subject parcel map, and feel that we must express our concern and strongly protest regarding some of the conditions placed on the approval of the above subject by the Planning Commission on June 27, 1984. A) Page 2; Surety, Item 2 It is our opinion that this lien agreement is unwarranted and unbusiness like, and contrary to the best interests of all concerned. First, we question the need for underground utilities in an industrial area at an exorbitant cost, currently estimated at $100. -$150. per linear foot. Secondly, it is not prudent for anyone to enter into a one sided agreement where you can be assessed any amount at any time, while giving up your legal rights at the same time. Would you give someone a blank check? Finally, if as we have been informed, that undergrounding of utilities may never come about, why impose this requirement in the first place? It is our understanding that even your City Engineer is recommending that this condition be dropped because of its unreasonableness, and it is being maintained only as a matter of form. Requested Action: Please delete this requirement. B) Page 5; General Requirements Item 11: The requirement to make street improvements prior to development of a site would force an undue hardship on most property owners. The cost of such improvement, as required by the Planning Commission is substantial and funding for such improvements can best be arranged at the time the site is developed and not before PnCC1610N UZOTOW"M COY PONLNTe • INBTAV Yi'NTATION ,M ^m �n�r�ON 'MM2110yy�VE� Mr. Mayor and Members of the City Council Page 2 July 27, 1984 We feel it is extremely poor planning to prematurely initiate construction before you actually know what you intend to develop on the property. Improper street improvements would cause you to have to re —do what you have done -- does the. city want more patched up streets? Also, other areas on Hellman Avenue have been developed separately; why impose this requirement now? Is this another example of the application of inconsistant planning standards? Requested Action: Please delete this requirement and let each new parcel stand alone. C) Page 5; General Requirements Item 12: It seems unreasonable for a property owner to defray the entire cost for street improvements in excess of normal standards to provide for flood control purposes. Excessive runoff from many parts of the city cause this problem on Hellman Avenue. We don't mind paying our fair share, but, we feel its unfair for us to excessively pay where others will benefit. Why shouldn't they pay their fair share? It appears that inconsistant standards are being applied in this regard in various areas of the city. Also, we would like to point out that it is our understanding that all this improvement will be for nought, since a major sewer pipe will be installed down the center of Hellman Avenue from Fourth Street to north of Foothill Boulevard in the future. Requested Action: This condition should be modified to provide for normal requirements and a credit from Flood Control funds should be made available to Provide for excess requirements that will benefit the City and others in general. As long time businessmen in the area (15 years), we believe that some of the conditions put upon the development of industrial acreage in this City is detrimental to the long term industrial base for the City. Excessive, inconsistant and unreasonable requirements will force industrialists to look elsewhere. We wish to do our fair share to provide a development conducive to a positive work environment not only for our business but also for our employees and the community at large. It is our understanding that it is the City's intent to encourage industry to move into Rancho Cucamonga, yet, some of the conditions we have encountered are contrary to this goal. We are trying to acquire additional acreage to accommodate our future expansion and at the present time, we are merely asking for a simple lot split which has been complicated beyond belief. Requirements have been imposed which are more eonsistant with a fully developed project. We feel our projected future expansion, as a high technology business, will contribute to the growth of the community not only in terms of employment, but also in terms of recognition because of our international market place. We are respectfully asking you to eliminate unreasonable requirements from this transaction so that we can continue to grow in Rancho Cucamonga. Mr. Mayor and Members of the City Council Page 3 Very truly yours, July 27, 1994 Frank T. Guzowski6/ Vice President Mdrlo A. Maury, Jr. T� President MAMJR /FTC;mv O M p MICROWAVE 4= m P C O R O R A T I O N 8810 HELMS AVENUE • CLICAMONOA. CALIFORNIA 81700