Loading...
HomeMy WebLinkAbout1978/03/29 - Agenda Packet - SpecialAGENDA RANCHO CUCAMONGA CITY COUNCIL SSecial Aleeting Wednesday, March 29, 1978 1. Call to order by Mayor Frost. 2. Pledge of Allegiance to the Flag. 3. Roll Call: Mikels , Palombo 1/. , Schlosser West (Mayor Pro - Tem) Frost (Mayor)_. / 4. Memo from City Attorney Re: Proposed Ordinances S. ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.9, THAT CERTAIN CODE. KNOWN AS THE "CODIFIED ORDINANCES 01; THE COUNTY OF SAN BERNARDINO" ALSO KNOWN AS Till: "SAN BERNARDINO COUNTY CODE ", INCLUDING ANY APPLICABLE GENERA PLAN, PROVIDING FOR AMENDMENT'S AND ADDITIONS THERETO AND DELETIONS -- i'IIF.RF. PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION THER 01, PROVIDING FOR THE PAYMENT OF FEES PURSUAN'I''IIIERGI'0 AND DECLARING TIIE URGANCY THEREOF. 6. ORDINANCE NO. AN ORDINANCE, OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING INTERIM DEVELOPMENT REVIEW PROCEDURES FOR SUBDIVISION APPLICATIONS, AND DECLARING THE URGENCY THEREOF. At, 7. THE FOLLOWING CONSENT CALENDAR ITEMS ARE EXPECTED TO BE ROUTINE AND NON- CONTROVERSIAL. THEY WILL RE ACTED UPON BY THE COUNCIL AT ONE TIME WITHOUT DISCUSSION. ANY COUNCIL MEMBER, STAFF MEMBER OR INTERESTED PARTY MAY REQUEST THAT AN ITEM BE REMOVED FROM THE CONSENT CALENDAR FOR LATER DIS- CUSSION. A. Release of Bonds as follows:( Z, Tract 9224: Performance Bond (Water) in the amount of $17,000 to C/D Development Company. Tract 6846: Performance Bond (Sewer) in the amount of $40,000 and Performance Bond (Water) in the amount of $64,000 to Griffin Development Company. Tract 8956: Performance Bond (Sewer) in the amount of $14,000 and Performance Bond (Water) in the amount of $29,000 to Lewis Homes of California. Tract 9254: Performance Bond (Sewer- Onsite) in the amount of $32,000, Performance Bond (Sewer - Offsite) in the amount of $10,000 and Performance Bond (Water) in the amount of $36,000 to Walton /I.indstrum -Alta Loma. Tract 9080: Performance Bond (Water) in the amount of $38,000 to Griffin Development Company. Tract 8922; Performance Bond (Water) in the Amount of $17,000 to Lewis Homes of California. Agenda Page Two March 29, 1978 Tract 9015: Performance Bond (Water) in the amount of $50,000 and Performance Bond (Sewer) in the amount of $57,1100 to Crowell / Leventhal, Inc. Tract 9116: Performance Bond (Water) in the amount of $26,000 to Cary G. Miller, et al. Tract 9265: Performance Bond (Sewer) in the amount of $33,000 and Performance Bond (dater) in the amount of $51,000 to Griffin Development Company Tract 8935: Performance Bond (Sewer) in the amount of $20,000 and Performance Bond (Water) in the amount of $24,000 to Lewis Homes of California. Tract 9320: Performance Bond (Water) in the amount of $47,000 to Lewis Homes of California. Tract 9287: Performance Bond (Sewer) in the amount of $41,000 and Performance Bond (Water) in the amount of $40,000 to Crowell/ Leventhal, Inc. Tract 9226: Performance Bond (Sewer- Onsite) in the amount of $23,000, Performance Bond (Sewer - Offsite) in the amount of $7,000 and Performance Bond (Water) in the amount of $35,000 to Walton Associated Companies dba Walton Construction Corp. Tract 9352 -1: Performance Bond (Sewer) in the amount of $24,000 and Performance Bond (Water) in the amount of $39,000 to Inco Homes, Inc. Tract 9212: Performance Bond (Water) in the amount of $21,000 to Prado Woods Corporation, et al. Tract 9035: Performance Bond (Sewer) in the amount of $23,000 and Performance Bond (Water) in the amount of $31,000 to Crowell/ Leventhal, Inc. Tract 9036: Performance Bond (Sewer) in the amount of $14,000 and Performance Road (Water) in the amount of $18,000 to Crowell/ Leventhal, Inc. Tract 9083 -4: Performance Bond (Sewer) in the amount of $21.000 and Performance Bond (Water) in the amount of $29,000 to .John C. liters, Inc. B. Claims: Refer claim of John L. Oskins, Jr. for $410.00 to the City Attorney. Refer claim of Gregory James Hayhurst for $3,000,000.00 and Shirley Hall for $300,0011.00 to the City Attorney. H1, Emergency Fund for Reconstruction -- RE: Beryl Street, Banyan to 1000' North. 9. M.S. 77 -0534: Accept an Instrument of Credit and Agreement form in the amount of $2,793.96 from Vernon L June Brashear for road improvements on Hellman Avenue. "10. Accept Traffic Committee recommendations of meeting of February 4, 1978. (Continued from March 15, 1978). 11. Reject bids from the .Sully- Miller Contracting Company for the Beryl Street project between Alta Loma Drive and 19th Street as it is 06' over the engineer's estimate and the only bid received. " Items continued from the March 15, 1978 City Council meeting. r Agenda Page Three March 29, 1978 12. Memo from SCAG in regard to selection of committee members. 13. Legislative Bulletin from League of California Cities. 14. Adjournment. AN OPEN PUBLIC FORUM ON LAW ENFORCEMENT TO FOLLOW THE ADJOURNED MEETING. M E M O R A N D U M TO: James C. Frost, Mayor Charles A. West, Mayor Pro Tempore Jon D. Mikels, Councilman Michael A. Palombo, Councilman Phillip D. Schlosser, Councilman Loren Wasserman, City Clerk FROM: Robert E. Dougherty, Assistant City Attorney DATE: March 23, 1978 RE: Proposed Ordinances to be Considered at City Council Meeting on March 29, 1978. At the first meeting of the City Council of Rancho Cuca- monga, the City Council adopted, as it was required to do by State law, all County Ordinances applicable to the City for a period of one hundred twenty (120) days. Thereafter, the City Council adopted several Ordinances for the City, some of which are departures from the County Ordinances and others of which deal with subjects notcovered by the County Ordinances. However, the fact remains that most of the County Ordinances contained in the San Bernardino County Code remain the law of the City at this date. However, City Ordinance No. 1, the Ordinance which adopted all applicable County Ordinances by reference, will ex- pire by its own terms on or about April 1, 1978. As pointed out in my memo of March 1, 1978, it is to avoid a hiatus of law with- in the City that we suggest the procedure provided by Government Code Section 50022.9 be followed. The first draft of the proposed adoption by reference Ordinance was presented to the City Council at its meeting on March -1- 0 9 1, 1978, and a public hearing thereon was set for March 29, 1978. Notice of Hearing has been published as required by law, and has also been posted at the three (3) post offices within the City. Three (31 copies of the San Bernardino County Code, and all sec- ondary codes referred to therein, have been on file in the Office of the City Clerk for the required time. At its March 1, 1978, meeting, the City Council amended the title of the proposed Ordinance to include the words, "Including Any Applicable General Plan ". It has, however, appeared to be the consensus of staff, the Planning Commission and the City Coun- cil, that the land use element of the County General Plan in effect before incorporation was unsatisfactory. Thus, rather than recommend adopting by reference of a County General Plan which may not be applicable to the needs of the City, it is our recommendation that the City Council find that the San Bernardino County Code contains no general plan applicable to the City and that pending adoption of a general plan the provisions of Govern- ment Code Section 65302.5 apply. Attached to this memorandum is a copy of Goverment Code Section 65302.5. Basically, that sec- tion allows a newly incorporated city to continue to operate as though the general plan were in effect, for thirty (30) months pending the adoption of a general plan, if certain required find- ings are made in connection with each land use proposal. The draft Ordinance which was presented to the City Council on March 1, 1978, has been revised to so provide. Please see new Section 6. Subsequent sections have been renumbered. There are two (2) other corrections to the draft Ordinance presented on March 1, -2- 0 9 1978. Section 2(j) has been changed to read: "14.031 through 14.0318, inclusive;" instead of: "14.031 through 14.0317, inclusive. ". Section 14.0318 relates to information which must be shown on a deed before the County Recorder will accept it for recording. This section is of no concern to the City. Also, Section 2(bb) has been amended to delete Section 61.0311. This is the County's Park Tax Ordinance which was superseded by the City's Park Develop- ment Ordinance which was enacted several months ago. Section 2(bb) in the first draft has been renumbered Section 2(cc). We originally believed that it would be necessary for the City Council to enact a separate Ordinance to apply the Zoning Code to the ground itself. however, subsequent research has dis- closed that the San Bernardino County Code provides that the land use district maps, which apply the zoning to the ground, are to be considered a part of the County Code as though set forth in full therein. Accordingly, it is not necessary to enact a separate ordi- nance and the adoption by reference Ordinance will continue the land use (or zoning) districts presently in effect within the City. The next Ordinance to be presented to the City Council is one to provide for Planning Director's review for certain business and manufacturing uses. This Ordinance was developed at the sug- gestion of Tommy Stephens of the County Planning Staff. Basically, it provides for a Planning Director's review of all proposed com- mercial and industrial uses within the City where a more intensive review is not already provided by law. The procedure for the Di- -3- rector's review and approval are set forth in Section 61.0219(n) of the San Bernardino County Code. The Director can either ap- prove, disapprove or refer a project to the Planning Commission. If the Director disapproves the project, his decision can be ap- pealed to the Planning Commission. The third Ordinance presented is a recommended successor to County Ordinance No. 2179. County Ordinance No. 2179 will cease to be effective on April 1, 1978. As County Ordinance No. 2179 is not a part of the San Bernardino County Code, but is an uncodified Ordinance of the County, it is not included as part of what will be adopted if the City Council. passes the "adoption by reference Ordinance ". The approach taken in the development of the proposed suc- cessor to County Ordinance No. 2179 was to focus directly at those problems which are created when the residential development growth rate exceeds the rate of development of essential facilities and services. Provisions dealing with subdivision design, contained in County Ordinance No. 2179, have been left out. All provisions dealing with the design of subdivisions should be the subject of a comprehensive Subdivision Ordinance, and not an Ordi- nance which is primarily concerned with coordinating growth rate with facilities and services availability. Also, it appears to be the consensus of staff, the Planning Commission and the City Council that certain types of development do not contribute sig- nificantly to facilities and services overload problems, and that it would be in the best interests of the City to have such uses developed. Accordingly, commercial, industrial, school, church -4- 0 0 and public uses have been exempted from the Ordinance except from Section 6 thereof relative to grading permits. Also, the County staff has advised that legitimate applications for a one (1) or two (2)- parcel residential subdivision are not likely to be in such a volume as to cause a significant problem. What staff is concerned about is the potential for abuse if a property is made the subject of several successive divisions, or if any given ap- plicant makes it a practice to purchase, split and sell lots with- in the City on a regular basis. We believe that Section 2(6) will prevent abuse while permitting legitimate one (1) and two (2)- parcel minor subdivisions to be processed. A draft of the proposed Interim Development Review Procedures ordinance was presented to the City Council for review earlier. The Planning Commission considered the same at its meeting on March 22, 1978. The following changes were made from the draft previously given to the City Council: (1) Section 2(5) was changed to read: "The proposed development is for public uses. ", and former Section 2(5) was renumbered 2(6). (2) For uniformity in draftmanship, new Section 2(6) com- mences: "The proposed development instead of: "When the proposed development . ". (3) Section 4(2)(d) has been added to read: "That by the time of application for build- ing permits, adequate fire protection services will be available to the proposed development." -5- 0 0 Subsequent sub- sections have been redesignated. (4) In the last line of Section 9, the word "City" has been stricken. This was done so that there will be no question that other Ordinances, such as the Ordinances of the Foothill Fire Protection District, will apply. The Planning Commission has recommended that the City Coun- cil approve the proposed Interim Development Review Procedures Ordinance. RED:sgg Enclosures -6- GOVERNMENT CODE § 65302.5 1 65302.4 Newly Incorporated titles; general plan: Interim openopace Plan: zoning ordinance, reports Notwltbstnnding any other provialon of low, every city Immipprated after Sep - lrmber 1, 1973, and before December 31, 1973, shall adopt a general plan. Inchuliug nil the mandatory elements thereof, an later than June 30, 507.1. Each sneb city shall adopt and submit to the Secretary of lire Resources Agency an Interim upon - spare plan by August 31, 1971, and shall prepare and adopt an open -space zoning ordinance consistent with the open -spare Non by June 30, 1975, Each each City's zoning ordinance., shall he consistent with the general plan of such city by Decem- ber 31, 1973. The planning agency of each such city shall make its initial report to the Council it Interg .... somewhat Rrinlimm thrsaont to Sectinns 3421T and f.5.7DI on or before October 1, 1975; and each each city shall hot entire any detriment, distibility. or penalty by reason of failure to take the actions provided in this sec- (ion prior to the times set forth herein. (Added by Stita.1974, c. 490, p. 1128,11, urgency, eff. J.1y 11, 1974.) Lora,Y reference. lutm!CiPat C.rpr,.11pm per. C.J.S. Dbanklpel C.rp.r.11a.. 11 is. II. Z.ri F C I5. C.J.S. goring 1 It et sea. 1 653023 Newly Incorporated allies; exemptions prier to adoption Of general plan: conditions (a) The purpoee of lids section Is to permit each newly incorporated city which has not adapted a general plan to continue to grant upheavals for ]slid use mat. tors and sabdirislone and to issue building pennlls pending adoption of a general plan. The exemptions gmotrd by subdivision du of this section from certain ropdremrnts of the Government Cade extends only to those rr0ulreaams and ore ant intended to exempt the city from the requirements for findings other than these for which an excullu nn is granted. (b) Thin section applies In each city incorporated after September 30. 1914. (1) Notwithstanding sly other provision of law, every city Incerlmrnted after September 30, 1971, $lull adopt a gesenl plan within 30 months following in- reiteration. (2) The coning o,dioann s of the city shall be consistent with law general plan Of Urn city within three years of incorporation. (3) The city's planning agency shall make its Initial report to the Council on Intergovernmental Relations under Sections 34217 and 6•r307 within 1S months of Incorporation. LU During the time periods specified in parngrapbs (1) and (2) of this .snMivb slim the city is not •abject to the requirement that R general plan be adopted or the time within whah it must bnt adopted or the ris,a remmit Plot the land use to compatible or consistent with the general plan all as regnimU Id' Cm'rramenl Code Section 6,1.302, K961, SfW, Oz600, 65910, 664735 or subdivisions (o] or (b) of Section 66474, so long aa: (A) The city is proceeding with the preparation of a general plan; dud (R) There [e a fielding by the city: (1) That there is rvasonab]e probability that the land use proposed lu ars appll. cation for a andhriAnw, rrmniag. ]sad use permit, variane, or building permit will be consistent with the general plan proposal being considered or studied or which will lw studied within n censorable time; Ill There Is little or nn probability of suhslnatial Mtrimant to or iwlerfrmnce With the ruturc adopled general plan if the use proposed is ultimately inconsistent With the general plan; (ill) As to nil other matters required to be found by state law or Intel brdli ante before the oppro,al is granted. (,•.) The city shall not $offer drtrimewt, disability or penalty If It falls to meet the time llmilntimis on actions as specified In paragraphs It he (3), Inclusive. (Added by Slar�.ip75, c. 403, p. i 1, Inge.... eft. Sept 6, 1975.) tl,rar Ci; '0.1 1earednciee i am .S. uacn.tah'n. 1, 62, et. Asterisks • s e Indicate deletions by amendment 99 r I I. >' s,r s .. . CITIES AND COUNTIES § 50021 ARTICLE Powers and Duties of Legislative Bodies § 50020. Action by ordinance under charter as compliance with statute requiring resolution § 50021. Posting or publication of ordinances § 50022. [Repealed] § 50022. 1, Definitions § 50022,2. Adoption by reference of primary and secondary codes or code required or permitted to be adopted for compliance with statute § 50022.3. Public hearing: Notim: Publication: Posting: Contents of notice § 50022.4. Amendment, adoption or rejection of adopting ordinance: Penalty clauses § 50022.5. Publication in full of adopting ordinance § 50022.6. Certification of adopted codes: Filing § 50022.7. Adoption by reference of amendment to code previously adopted by reference 150022.9. Evidentiary effect of certified copies of code § 50022.9. City's adoption by reference of county ordinances, etc. § 50022,10. Right to recodify or recompile code adopted § 50023. Attendance at Legislature and Congress: Cost of attendance § 50024. Entry into associations: Attendance at Legislature and Congress through representative: Cost of attendance § 50025. Withdrawal from association § 50026. Limitation on occupation tax on nonresidents § 50020. Action by ordinance under charter as compliance with statute requiring resolution When a statute requires a local agency to take legislative action by resolution and the local agency is required by its charter to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes. Added Stau 1949 ch 91 § 1. Prior [Aw: Based an suits 1941 ch 930 it p 2514. Collateral References: Cal Jut 2d Municipal Corporations § 392. McKinney's Cai Dig Municipal Corporations §§ 212 n seq. 56 Am Jut 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 343 aseq. § 50021. Posting or publication of ordinances A local agency shall post or publish its ordinances in a newspaper as required by charter or statute. Added Suits 1949 ch el § I. Prior law: Basil on Stals 1927 ch 190 § 1 p 347. 431 • • § 50021 LOCAL AGENCIES Collateral References: Cal for 2d Municipal Corpoations §401. Mi,Kmney's Cal Dig Municipal Corpomtions § 220. 56 Am Sur 2d Municipal Corporations, Counties, and Other Politics] subdivisions §§ 350, 351. § 50022. [Added by Slats 1949 ch 81 § 1, amended by Slats 1951 ch 728 § 1, and repealed by Slats 1953 ch 1466 § 9.] Prior taw: Rased on State 1927 eh 190 § 1 p 347. § 50022.1. Definitions (a) "Code," as used in this article, means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. It shall include any codification or compilation of existing ordinances of the adopting local agency. It shall include any nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institu- tion which has been in existence for a period of at least three years. (b) "Primary code," as used in this article, means any code which is directly adopted by reference, in whole or in part, by any ordinance passed pursuant to this article. (c) "Secondary code," as used in this article, means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. (d) "Published," as used in this article means issued in printed, lithographed, mulligraphed, mimeographed or similar form. (e) "Approved," as used in this article, means the approval of the legislative body of the local agency as the result of investigation and tests conducted by such agency, or by reason of the accepted princi- ples or tests by recognized national or state authorities, technical, or scientific organizations. Added Slats 1953 ch 1466 § I; Amended Stall 1955 ch 348 § I; Stats 1961 ch 1890 § t. Amendments: 1955 Amendment: (1) In sand (a), substituted (a) "Statute. or any published compilation of roles" fir "Puldwhed compilation of Statutes, ordinances, rule%' in the first sentence; (h) suhstilutcd the third sentence for former third sentence whmh mad. "'Ile npphcetion of lh, mtmlo to published compilations of any prirute mgnniratian or instiolimn which has been in exiuenee for a period or at Icnt for years shall be limited In codes approved for adoption by reference by the Attorney General of the State of Califnmia"; and (2) added sutd (e). last Amendment: substituted "three" for "five" before "years' at the end of subd (a). Cnllalern] References: ('al lur 2d Municipal Corporations § 405. McKinney's Cal Dig Municipal Corporations §§ 212 cl sq. 432 1, CITIES AND COUNTIES § 500223 56 Am fur 2d Municipal Corporations. Counties, and Other Political Subdivisions §§ 346 et seq. § 50022.2. Adoption by reference of primary and secondary codes or code required or permitted to be adopted for compliance with statute Provided that all the procedures and requirements of this article are complied with, any local agency is hereby authorized to enact any ordinance which adopts any code by reference, in whole or in part; and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary._ codes duly described therein. YAery__primary. code which is incorporated in any such adopting ordinance shall be specified in the title_ of _the ordinance. A local agency ordinance may adopt a code, the adoption of which is expressly required or permitted as a condition of compliance with a state statute, by reference without complying with the procedures and requirements of this article. Added Stals 1953 ch 1466 § 2; Amended SUM 1955 eh 348 § 2; Suts 1957 ch 685 § 1. Amendment.: 1955 Amendment: In the second sentence (1) substituted "Every" for "However, every" (2) deleted "and every secondary code" after "primary c A."; and (3) deleted '; provided, that the title of an ordinance adopting existing ordinances of " an adopring agency as a code need not specify secondary cod"" after "tide of the " ordinance ", 1957 Amendment Added the third sentence Cross References: Definitions: § 50022.1. Publication in full of adopting ordinance: § 50022.5. City's adoption by reference of county ordinance: § 50022.9. Collateral References: Arrome} General's Opinion,: 4 Ops Arty Gen 346 (adoption of building code by rcfttence). § 50022.3. Public hearing: Notice: Publication: Posting: Contents of notice After the fist reading of the title, of the adopting ordinance and of the tiile Maly code to be adopted thereby, and--of-the the ti�oT the six aly codes therein adopted by reference, the legislative body i alf'schedule a public hearing thereon. Notice of the hearing shall be news published pursuant to SeetiotL6066 in a paper of general circula- tion in or nearest to Me—adopting local agency. jr there is no such newspaper in the county the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. The notice shall state the time and plan: of the hearing. it shall also state that copies of the primary code and also copies of the secondary codes, if any, being considered for adoption, are on file with the clerk 433 .,Y r• t M a'FV. E 10 § 50022,3 LOCAL AGENCIES of the legislative body, and are open to public inspection, The notice shall also contain a description which the legislative body deems sufficient to give notice to interested persons of the purpose of the § 50022.5. Publication in full of adopting ordinance Nothing contained in this statute shall he deemed to relieve any local agency from the requirement of publishing in full the ordinance which 43a M w; ordinance and the subject matter thereof. Added Scats 1953 ch 1466 § 3, Amended Stars 1955 ch 348 § 3; Stars 1957 ch 357 § 56, Amendments: 1955 Amendment (1) Added 'title of the" before "adopting "; (2) added "of the title" after "ordinance and ", (3) substituted "the title of the" for "any" before • %# "secondary" in the first sentence; and (4) substituted "ordinance and the subject matter thereof' for "code, and of any secondary, code or codes incorporated — therein by reference, the subject matter of each such code, the name address of the agency by which each has been promulgated, and the date of publication of each" in the last sentence. ' 1957 Amendment: (I) Substituted "pursuant to Section 6066" for "twice' after ' "puhlished" in the second sentence; and (2) deleted ": once at least eight days or preceding the hearing, aad once at tut IS Jays preceding it at the end of the second sentence. Collateral Refereacen +M1 '+:• Cal Jur 2d Municipal Corporations §401. -- 3 5 °� McKinney's Cal Dig Municipal Corporations § 220. 56 Am Jur 2d Municipal Corporations. Counties, and Other Political Subdivisions § 350. y § 50022.4. Amendment, adoption or rejection of adopting ordinance: Penalty clauses ''d After the hearing, the legislative body may amend, adopt or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; and, except as to the adoption of a •4 code of existing ordinances of the adopting agency, nothing in this article shall be deemed to permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by ' inference. Any _SUGIL.penalty clauses may be enacted only if set forth .y in full, and published, in the adopting ordinance. It is further provided that all changes or additions to any code made by the vt4r ,.r legislative body shall be published in the manner which is required for .... . E.N� _QrSllltalls:e$_ Added Slats 1953 ch 1466 § 4. Collateral References; Cal Jur 2d Municipal Corporations §§ 407 et seq. McKinney 's Cal Dig Municipal Cortovlinns §§ 227 at seq. N: 56 1m lur 2d Municipal Corporations, Counties, and Other Political Subdivisions a_ §$ 410 et seq. § 50022.5. Publication in full of adopting ordinance Nothing contained in this statute shall he deemed to relieve any local agency from the requirement of publishing in full the ordinance which 43a M w; ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALI- FORNIA, PROVIDING FOR DIRECTOR'S REVIEW FOR CERTAIN BUSINESS AND MANUFACTURING USES, AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Director Review. All uses described in Sections 61.027A, 61.0278, 61.029A, 61.029B and 61.029C of the San Bernar- dino County Code are subject to review and approval by the Director, under the provisions of Section 61.0219(n) of the San Bernardino County Code, except as follows: (a) Director's review shall not be required for residential development unless the same is expressly required by provisions of the San Bernardino County Code; and, (b) Location and development plan approval, un- der Section 61.0211f) of the San Bernardino Country Code, shall re- main a requirement in all cases where the same is required by pro- visions of the San Bernardino County Code. SECTION 2: Facts Supporting Urgency. The City of Rancho Cucamonga was recently incorporated, and is now in the process of developing a General Plan which is a necessary prerequisite to the development of a comprehensive Zoning Ordinance for the City. There is an immediate need to adopt the review procedures described in this Ordinance to insure that business and industrial develop- ment which takes place in the City prior to the adoption of a new General Plan and comprehensive Zoning Ordinance will not be detri- mental to the public health, safety and welfare. SECTION l: Declaration of Urgency. This Ordinance is here- by declared an urgency measure necessary for the immediate protec- tion and preservation of the public peace, health, safety and wel- fare for the reasons stated in Section 2 hereof, and shall take ef- fect immediately upon its adoption. 1978. APPROVED and ADOPTED this day of ATTEST: City Clerk Mayor of the City o Rancho Cucamonga CITIES AND COUNTIES § 50022.7 adopts any such code; and all provisions applicable to such publica- tion shall be fully carried out, Added Sons 1953 ch 1466 § 5; Amended Stats 1955 ch 3411 § 4. Ameadowsa e 1955 Amendment. Deleted the second sentence which read: "The adopting ordi. nance shall contain the same description of the primary adopted code and of each -'+r secondary code incorporated therein by ocr rence, as required in the notice of hearing in this article." Cross References: Adoption by reference of primary and secondary codes or code required or permitted to be adopted for compliance with statute: § 50022.2. CoWtenl Rafereasec GI Jur 2d Municipal Corporations § 401. McKinney's Cal Dig Municipal Corporations § 220. 56 Am Jur 2d Municipal Corporations, Counties, and Other political Subdivisions § 350. § 50022.6. Certification of adopted codes: Filing Not less than three copies of each primary code adopted by reference, and of each sec ^ndary code pertammg thereto, @111ccertified to be true co by the clerk of tfie legislative body, shall It filed "in the office of t e clerk of the legislative body at least 15 days preceding the hearing, and shall be kept there for public inspection while the ordinance is in force; provided, that after the adoption of the code by reference, one of these copies of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the clerk of the legislative body. Following the adoption of any code, the clerk of the legislative body shall at all times maintain a reasonable supply of copies of the primary code and of any secondary codes incorporated in it by reference, available for purchase by the public at a moderate price, t not to exceed the actual cost thereof to the adopting local agency. Added State 1953 ch 1466 § 6, Create Refare ocae Evidentiary effect of anilled copice of code: § 50022,11. 0014teral Refcaenea: Low Renew Arric /es: Availability of copies of local ordinances. 27 IA Bar B 323. § 50022.7. Adoption by reference of amendment to code previously adopted by reference If at any time any code which any local agency has previously adopted by reference, shall be amended by the agency which origi- nally promulgated or adopted it, then the legislative body may adopt 435 § 50023. Attendance at Legislature and Congress: Cost 0f = +3snic* The legislative body of a local agency, directly or throe = alive, may attend the Legislature and Congress, and :::y thereof, and and present information to aid the passage •_- -= =�-r which the legislative body deems beneficial to the loci, prevent the passage of legislation which the legislate detrimental to the local agency. The legislative body e: z ,ra-= �_ =-'=•' 436 9 § 50022.7 LOCAL AGENCIFS = such amendment or amended code by reference through the same as required for the adoption of the original code; or an rr - "I procedure ordinance may be enacted in regular manner, setting forth the entire - test of such amendment. A Added Stars 1953 eh I t66 § 7. § 50022.8. Evidentiary effect of certified copies of code �u..- Copies of such codes in published form, duly certified by the clerk of the legislative body, shall be received without further proof as prima f facie evidence of the provisions of such codes or public records in all courts and administrative tribunals of this State. ' •4L�rG's Added Stars 1953 ch 146b § S. ^�,...., Cron Refereeces: Legislative documents that are not public records: §§ 10207, 10208. Certih,a ion of adopted codes: § 50022.6. .. , j�i,� u Prima facie evidence defined. Es C 1602. :%:: I . y6�; § 50022,9. City's adoption by reference of county ordinances, etc. ''" A city may enact ordinances which adopt by reference county ordinances, codes, or any parts thereof and any amendments thereto by complying with the requirements of this article. Aided Suts 1959 ch 374 § I. • Cron References: - iF Adoption by reference of amendment to code previously adapted by -r.G� _ y 50022.7. - - § 50022.10. Right to recodify or recompile code adopted _ A code adopted and fully published or adopted by re` er erne as provided in this article, may be subsequently reccdified or rac�pih =d and thereafter adopted by reference in the same manner as I,c: ibed .5`'� by this article for the original adoption by reference of the :vii 4.uaL.L • Added Slats 1961 ch 277 § 1. , Cron References: or ^i ?r' i Adoption by re(er<nce of primary and secondary codes or cost = •. ,,, ,' ^:�[�_ portioned to he adopted for coral %liance with statute: § 500221. § 50023. Attendance at Legislature and Congress: Cost 0f = +3snic* The legislative body of a local agency, directly or throe = alive, may attend the Legislature and Congress, and :::y thereof, and and present information to aid the passage •_- -= =�-r which the legislative body deems beneficial to the loci, prevent the passage of legislation which the legislate detrimental to the local agency. The legislative body e: z ,ra-= �_ =-'=•' 436 9 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALI- FORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.9, THAT CERTAIN CCDE KNOWN AS THE "CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO" ALSO KNOWN AS THE "SAN BERNARDINO COUNTY CODE ", IN- CLUDING ANY APPLICABLE GENERAL PLAN, PROVIDING FOR AMENDMENTS AND ADDITIONS THERETO AND DELETIONS THERE- FROM, PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION THEREOF, PROVIDING FOR THE PAYMENT OF FEES PURSUANT THERETO AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: That certain code known as the "Codified ordi- nances of the County of San Bernardino" also known as the "San Bernardino County Code ", three (3) copies of which Code and all secondary codes referred to therein are on file in the Office of the City Clerk, is hereby adopted by reference pursuant to the pro- visions of Government Code Section 50022.9, as though set forth in this Ordinance in full, subject, however, to the amendments, ad- ditions, and deletions set forth in this Ordinance. SECTION 2: The following sections of the San Bernardino County Code are hereby deleted: (a) 11.031 through 11.037, inclusive; (b) 11.043 through 11.045, inclusive; (c) 12.011 through 12.366, inclusive; (d) 13.011 through 13.0640, inclusive; (e) 14.011 through 14.0112, inclusive; (f) 14.021; (g) 14.022; (h) 14.024; (i) 14.025; (j) 14.031 through 14.0318, inclusive; (k) 14.041 through 14.049, inclusive; (1) 14.051 through 14.057, inclusive; -1- S • • (m) 15.011; (n) 15.012; (o) 15.021; (p) 15.022; (q) 17.011 through 17.012, inclusive; (r) 18.011 through 18.013, inclusive; (s) 21.011 through 21.019, inclusive; (t) 23.0312; (u) 24.0313; (v) 24.031; (w) 24.041 through 24.043, inclusive; (x) 26.021 through 26.024, inclusive; (y) 28.031 through 28.035, inclusive; (2) 41.011 through 41.0140 inclusive; (as) 61.011 through 61.014, inclusive; (bb) 61.0311; and, (cc) 67.011 through 67.045, inclusive. SECTION 3: The following amendments are made to the San Bernardino County Code: (a) Whenever "Board of Supervisors" or "Board" is used in said Code, it means the Rancho Cucamonga City Council. (b) Whenever "County" or "County of San Bernar- dino" is used in said Code, it means the geographical limits of the City of Rancho Cucamonga unless a different geographical area is clearly indicated by the context. (c) Whenever "County ", "County of San Bernar- dino", or "unincorporated territory of the County of San Bernar- dino" is used in said Code, it means the City of Rancho Cucamonga, California. (d) Whenever "Auditor" is used in said Code, it means the Finance Director of the City of Rancho Cucamonga, California. (e) Whenever "Clerk of the Board" is used in said Code, it means the City Clerk of the City of Rancho Cucamonga, -2- • • California. (f) Whenever "County Administrative Officer" is used in said Code, it means the City Manager of the City of Rancho Cucamonga, California. (g) Whenever "County Offices" is used in said Code, it means the City Offices of the City of Rancho Cucamonga, California. (h) Whenever "County Fire Warden" is used in said Code, it means the Fire Chief of the City of Rancho Cucamonga, California. (i) Whenever "Sheriff" is used in said Code, it means the Chief of Police of the City of Rancho Cucamonga, Cali- fornia. (j) Whenever "County Counsel" is used in said Code, it means the City Attorney of the City of Rancho Cucamonga, California. SECTION 4: All permit fees, license fees, taxes, and other fees and charges of whatever nature provided for in said San Bern- ardino County Code shall be collected by and shall belong to the City of Rancho Cucamonga, California, and all licenses and permits referred to in said San Bernardino County Code shall be issued, in the discretion of the appropriate official, by the City of Rancho Cucamonga, California, except as hereinafter expressly provided: (a) The permits referred to in the following Sections of the San Bernardino County Code shall be issued by the County Officer or department referred to in said Code, and all per- mit fees payable under the following Sections of the San Bernardino County Code shall be paid to and collected by said County Official or department. Said Sections of the San Bernardino County Code are: clusive; (1) Sections 31.031 through 31.038, in- (2) Section 34.014; (3) Section 34.022; (4) Section 34.065; (5) Section 35.031; (6) Section 35.033; (7) Section 35.034; (8) Section 36.018; and, (9) Section 36.032. -3- SECTION 5: No person shall violate any provision or fail to comply with any of the requirements of this Ordinance, the pro- visions of the San Bernardino County Code adopted herein by refer- ence, or any secondary code referred to therein. Any person vio- lating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein, shall be guilty of a misde- meanor, and upon conviction, shall be punishable by fine of not more than $500.00, or by imprisonment for a period not exceeding six (6) months, or by both such fine and imprisonment. Each per- son shall be guilty of a separate offense for each and every day during any portion of which the violation of any provision is committed, continued or permitted by such person, and shall be punishable accordingly. In addition to the penalties provided above, any condition caused or permitted to exist in violation of this Ordinance, the provisions of the San Bernardino County Code adopted herein by reference, or any secondary code referred to therein, which is declared thereby to be a public nuisance, shall be deemed to be a continuing violation. Any such public nuisance may be a=- marily abated by the City. SECTION 6: The City Council finds that the San Bernardino 1 County Code contains no general plan applicable to the City. / Pending adoption of a general plan, the provisions of Governmen Code Section 65302.5 shall apply. SECTION 7: In the event of conflict between any provision of the San Bernardino County Code adopted herein by reference, and the provisions of any other Ordinance of the City of Rancho Cuca- monga, California, the provisions of such other Ordinance shall be controlling. SECTION 8: If any provision of this Ordinance or applica- tion thereof to any person or circumstance is held invalid, the remainder of the Ordinance.and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 9: The City Council does hereby declare the follow- ing facts shall constitute the urgency requiring this Ordinance to take effect immediately as an Urgency Ordinance: (a) That the City of Rancho Cucamonga, Cali- fornia, is recently incorporated and as such has not had time to adopt a full set of Ordinances for the City. (b) That Ordinance No. 1 of the City of Rancho Cucamonga, California, enacted December 2, 1977, adopting the County ordinances for a period of one hundred twenty (120) days is about to become ineffective. (c) That the immediate removal of the force and effect of County Ordinances within the boundaries of the City of Rancho Cucamonga, California, will be detrimental to the public -4- • • peace, health and safety. SECTION 10: This Ordinance is for the immediate preserva- tion of the public peace, healty or safety, and shall take effect immediately upon its adoption. 1978. ATTEST: PASSED, APPROVED AND ADOPTED this _ day of March, AYES: NOES: ABSENT: City Clerk -5- Mayor of the City of Rancho Cucamonga ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALI- FORNIA, ESTABLISHING INTERIM DEVELOPMENT REVIEW PROCEDURES FOR SUBDIVISION APPLICATIONS, AND DE- CLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Definitions. For the purposes of this Ordinance, the following words and phrases are defined as follows: (1) "Subdivision application" includes a ten- tative map, a parcel map, a minor subdivision plot plan or applica- tion therefore, and any other application for a land division. (2) "Proposed development" refers to the type of structures proposed to be constructed within the area shown on a subdivision application, and the proposed uses thereof. SECTION 2: Exemptions. The provisions of this Ordinance, except the provisions of Section 6, shall not apply in the follow- ing cases: (1) The proposed development is for commercial uses. (2) The proposed development is for industrial uses. (3) The proposed development is a school. (4) The proposed development is a church. (5) The proposed development is for public uses. (6) The proposed development is single - family residential, the subdivision application is for one (1) or two (2) parcels, and both of the following conditions are met: (a) No land division affecting any of the property shown on the subdivision application has occurred in the two (2) -year period preceding the filing of the subdivision ap- plication. (b) Within the preceding two (2) years the applicant has not filed any other subdivision application which is still pending or for which final approval has been obtained. -1- 6 0 0 SECTION 3: Filing of Subdivision Applications. No subdi- vision application shall be accepted for filing unless both of the following conditions are met: (1) It is accompanied by a written communica- tion from the Cucamonga County Water District which states that ad- equate water line and water storage capacity exists or will exist to serve the proposed development at the time of occupancy. (2) It is accompanied by a written communica- tion from the Cucamonga County Water District which states that an adequate sewage collection system and sewage plant capacity exists or will exist to serve the proposed development at the time of oc- cupancy, or it shall be accompanied by a written communication from the Santa Ana Regional Water Quality Control Board which states that the proposed development, because of the type, location or size of lots, will not require connection to a sewer collection system. SECTION 4: Conditions of Approval of Subdivision Applica- tions. The provisions in this section shall apply to subdivision applications which are now on file or which are hereafter accepted for filing by the Ciry. (1) Reports. The Planning Director, in coop- eration with the City Engineer, shall prepare a report, which re- port may be combined with any other report required or permitted in connection with the subdivision application, which report shall contain, but need not be limited to, the following: (a) A statement that within eighteen (18) months after occupancy, there will be adequate facilities, accord- ing to State standards, to service the projected elementary and high school population from the proposed development, or, alter- natively, a statement of the reasons why school facilities will not then be adequate. (b) A statement that there will be ade- quate fire protection services for the proposed development by the time of application for building permits, or, alternatively, a statement of the reasons why adequate fire protection services will not then be available. (c) A statement detailing the traffic im- pact of the proposed development, which statement shall include ref- erence to any traffic problem which would be alleviated by the pro- posed development. (d) A statement that the proposed develop- ment will be reasonably protected from one hundred (100) -year floods by the time of application for building permits, or, alternatively, a statement of the reasons why the proposed development will not then be adequately protected from one hundred (100) -year floods. -2- (e) A statement that electricity and tele- phone service will be available at the time of occupancy, or, al- ternatively, a statement of the reasons why electricity and tele- phone service will not then be available. (2) Findings_ Required. No subdivision appli- cation shall be approved or conditionally approved by the advisory agency until the advisory agency makes all of the following findings: (a) That there will be adequate facilities according to State standards to service the projected elementary and high school population from the proposed development within eighteen (18) months after occupancy. (b) That by the time of occupancy, traffic originating from the proposed development will net cause a serious traffic circulation problem. (c) That by the time of application for building permits, the proposed development will be reasonably pro- tected from one hundred (100) -year floods. (d) That by the time of application for building permits, adequate fire protection services will be avail- able to the proposed development. (e) That by the time of occupancy, elec- tricity and telephone service will be available to the proposed de- velopment. (f) That by the time of occupancy, ade- quate water line and water storage capacity will exist to serve the proposed development. (g) That by the time of occupancy, an ad- equate sewer collection system and an adequate sewer treatment plant capacity will exist to serve the proposed development, or, alternatively, that no connection to a sewer collection system is required. SECTION 5: No final map or other map permitted to be re- corded by the suddivision Map Act shall be approved prior to re- ceipt by the City of the following: (1) A written communication from the Cucamonga County Water District which states that water capacity for that project has been reserved for a minimum period of one (1) year. (2) A written communication from the Cucamonga County Water District, if sewers are required, which states that sewer capacity has been reserved for that project for a minimum period of one (1) year. -3- 0 0 SECTION 6: Grading Permits. No grading permit shall be is- sued for a proposed development until either: -i (1)j A final map or other map permitted to be G! recorded by the Subdivision Map Act has been recorded; or, (2) Proceedings to waive the requirement of a parcel map have been completed. SECTION 7: Severability. The City Council hereby declares that it would have adopted this Ordinance and each section, sub- section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases, or portions thereof, may be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, then all other pro- visions thereof shall remain valid and enforceable. SECTION 8: Finding of Urgency. The City Council finds that: (1) The City is experiencing rapid residential growth which has placed pressure on various public services, includ- ing water supply, sewer treatment, other public utilities, the pub- lic street system and schools. (2) The study of growth and related service impacts has revealed that problems occur when development is ap- proved without assurances that critical services will be available at the time of occupancy and that certain other services will be available within a reasonable period of time from the date of occu- pancy. (3) There is an immediate need to adopt inter- im review procedures and other short and long -term actions for the City in order to coordinate the timing and location of new develop- ment with the provision of public services in accordance with good planning principles. SECTION 9: Effect on Other Laws. All requirements imposed by, and all approvals required by, the provisions of this Ordinance shall be in addition to and are not intended to replace require- ments imposed by, or approvals required by, the Subdivision Map Act or any other applicable Federal or State law or ordinance. SECTION 10: Declaration of Urgency. This Ordinance is hereby declared an urgency measure necessary for the immediate pro- tection and preservation of the public peace, health, safety and welfare for the reasons stated in Section 8 hereof, and shall take effect immediately upon its adoption. APPROVED and ADOPTED this _ day of , -4- 1978 AYES: NOES: ABSENT: ATTEST: City Clerk QL Mayor of the City of Rancho Cucamonga )ATE R,,ch 21, 1978 I6TER- OFFICE MENW t u'x q4'z V b 7ROM JOHN R. SHONE PHONE 383- 1203��� Acting City Engineer TO &°N HUNTER, City Manager City of Rancho Cucamonga /EJECT NATTERS TO SE CONSIDERED BY THE CITY COUNCIL OF THE CITY OF RANCHO CDCANONGA This item is forwarded to you for your presentation to the City Council: TRACT 9224, Release Bond (Rancho Cucamonga) Located at the northeast corner of Ramona Avenue and Victoria Street. Owner: C/O Development Company Performance Bond (Water): $17,000.00 Surety TRACT 6846, Release Bonds (Rancho Cucamonga) Located at the southwest corner of State Highway 30 and Beryl Street. Owner: Griffin Development Company Performance Bond (Sewer)% $40,000.00 Surety Performance Bond (Water): $64,000.00 Surety TRACT 8956, Release Bonds (Rancho Cucamonga) Located at the southwest corner of Carnelian Street and Banyan Street. Owner; Lewis Homes of California Performance Bond (Sewer): $14,000.00 Surety Performance Bond (Water): $29,000.00 Surety TRACT 8922, Release Bond (Rancho Cucamonga) Located at the northwest corner of Carnelian Street and Lemon Avenue. Owner: Lewis Homes of California Performance Bond (Water)% $17,000.00 Surety TRACT 9254, Release Bonds (Rancho Cucamonga) Located at the northwest corner of Highland Avenue and Archibald Avenue, Owner: Walton /Lindstrum -Alta Loma Performance Bond (Sewer- Onsite): $32,000.00 Surety Performance Bond (sewer- Offsite): $10,000.00 Surety Performance Bond (Water): $36,000.00 Surety (continued) 1$•IM )000 nw, t/Il 7W March 21. 7978 • • Matters to Be Considered By The City Council of the City of Rancho Cucamonga Page 2 TRACT 9080, Release Bond (Rancho Cucamonga) Located on the North side of Hillside Road between Jasper Street and Topaz Street. Owner: Griffin Development Company Performance Bond (Water): $38,000.00 Surety TRACT 9015, Release Bonds (Rancho Cucamonga) Located on the West side of Carnelian Street between Hillside Road and Banyan Street. Owner: Crowell /Leventhal, Inc. Performance Bond (Sewer): $57,000.00 Surety Performance Bond (Water): $50,000.00 Surety TRACT 9116, Release Bond (Rancho Cucamonga) Located at the northwest corner of Hillside Road and Jasper Street. Owner: Gary G. Miller, et al Performance Bond (Water): $26,000.00 Surety TRACT 9265, Release Bonds (Rancho Cucamonga) Located on the South side of Nineteenth Street (State Highway 30) East of Carnelian Street. Owner: Griffin Development Company Performance Bond (Sewer): $33,000.00 Surety Performance Bond (Water): $51,000.00 Surety TRACT 8935, Release Bonds (Rancho Cucamonga) Located on the East Side of Beryl Street Between Banyan Street and State Highway 190. Owner: Lewis Homes of California Performance Bond (Sewer): $20,000.00 Surety Performance Bond (Water): $24,000.00 Surety TRACT 9320, Release Bond (Rancho Cucamonga) Located between Hellman Avenue and Amethyst Street, South of Hillside Road. Owner: Lewis Homes of California Performance Bond (Water): $47,000.00 Surety (continued) March 21, 1978 Matters to Be Considered By The • City Council of the City of Rancho Cucamonga Page 3 TRACT 9287, Release Bonds (Rancho Cucamonga) Located at the northeast corner of Carnelian Street and Lemon Avenue. Owner: Crowell /Leventhal, Inc. Performance Bond (Sewer): $41,000.00 Surety Performance Bond (Water): $40,000.00 Surety TRACT 9226, Release Bonds (Rancho Cucamonga) Located on the North side. of Sixth Street between Hellman Avenue and Archibald Avenue. Owner: Walton Associated Companies DBA Walton Construction Corp. Performance Bond (Sewer- Onsite): $23,000.00 Surety Performance Bond (Sewer- Offsite): $ 7,000.00 Surety Performance Bond (Water): $35,000.00 Surety TRACT 9352 -1, Release Bonds (Rancho Cucamonga) Located at the southeast corner of Nineteenth Street and Ramona Avenue. Owner: Inco Homes, Inc. Performance Bond (Sewer): $24,000.00 Surety Performance Bond (Water): $39,000.00 Surety TRACT 9212, Release Bond (Rancho Cucamonga) Located at the northeast corner of Beryl Street and Banyan Street. Owner: Prado Woods Corporation, et al Performance Bond (Water): $21,000.00 Surety TRACT 9035, Release Bonds (Rancho Cucamonga) Located on the West side of Turner Avenue South Of Arrow Route. Owner: Crowell /Leventhal, Inc. Performance Bond (Sewer): $23,000.00 Surety Performance Bond (Water): $31,000.00 Surety TRACT 9036, Release Bonds (Rancho Cucamonga) Located on the West side of Turner Avenue South of Arrow Route. Owner: Crowell /Leventhal, Inc. Performance Bond (Sewer): $14,000.00 Surety Performance Bond (Water): $18,000.00 Surety (continued) March 21, 1978 • Matters to Be Consi ed By The City Council of the City of Rancho Cucamonga Page 4 TRACT 9083 -4, Release Bonds (Rancho Cucamonga) Located East of Hellman Avenue and North of Arrow Route. Owner; John C. Beers, Inc. Performance Bond (Sewer): $21,000.00 Surety Performance Bond (Water): $28,000.00 Surety NOTE: The above bonds have been approved for release by the Department of Environmental Health Services. J '�- � J9HN R. SHONE 7(cting City Engineer JRS:JPC:JEM:IS MITER- OFFICE MEIN DATE March 8, 1978 FROM JOHN R. SHONE PHONE 1203 DIRECTOR OF TRANSPORTATION TO BOARD OF SUPERVISORS Emergency Fund for Reconstruction SUBJECT Re: Beryl Street, Banyon to 1000' North Recent storms have virtually destroyed Beryl Street at the above location. A disaster claim has been made for such funding as will be available to assist in the restoration. Adjacent developers have agreed informally and agreements will be prepared for Board approval for their share of re- construction cost. Additional funding to complete the work is available from contingency funds or a budget transfer. Approximate cost of this work is $130,000.00 including design, construction inspection and surveys. It is requested that this project be. added to the list of budgeted projects and that the Transportation Department be authorized to prepare plans and advertise this project im- mediately. Subject to approval by Rancho Cucamonga City Council. Roger A. Teal Contracts Engineer 'JpN,v R. S{iONE 'DIRECTOR OF TRANSPORTATION JRS:RT:cy ('OIVTY MH ![P�1[DI�O ISITER- OFFICE MEIN • DATE March 13, 1978 ix suxxwmo � f FROM JOHN R. SHONE PHONE 1203 1 !" Acting City Engineer TO KEN HUNTER City Manager Rancho Cucamonga SUBJECT MATTERS TO BE PRESENTED TO THE CITY COUNCIL, RANCHO CUCAMONGA - Land Development NAME ROAD AREA MINOR SURD. NO. Vernon & June Hellman Avenue Rancho Cucamonga 77 -0534 Brashest An Instrument of Credit and Agreement form in the amount of $2,793.96 is being posted for the convenience of the owner and is for road improvements as shown on the above minor subdivision. It is therefore requested that the Instrument of Credit and Agreement be presented to the City Council for acceptance. OHN R. SHONE ACTING CITY ENGINEER JRS:JPC:SZ:pc 121367-000 qb. l ii) ? 521 N. Euclid Avenue Ontario, CA 91761 6'.arch 8, 1978 City Council City of Ranchc Cucamonga Rancho Cucamonga, CA This will serve a notice and agreement that World Savings and Loa., a financial institution subject to regulations by the State or Federal 3overnment, holds on deposit -he necessary amount of $2,793.96, pledging these funds to the City of Rancho Cucamonga for payment of labor and materials on the project of Vernon and June Barshear known as Minor Subdivision number 77 -0534, County San Bernardino, State of California, according to that agreement dated , between City of Rancho Cucamonga and owners as above stated. The Two Thousand Seven Hundred Ninety -Three Dollars and Ninety -Six Cents will be disbursed upon authorization and direction of a duly auth- orized representa *ivL of the City of Rancho Cucamonga. :his agreement shall expire either upon disbursement io the City or upon ac.ce-,tarce by the CITY of that portion of the aforementioned work secured by this instrument. Very11 truly yours, i Steve Yates (I��� -� 521 N. Euclid Avenue Ontario, CA 91761 6'.arch 8, 1978 City Council City of Ranchc Cucamonga Rancho Cucamonga, CA This will serve a notice and agreement that World Savings and Loa., a financial institution subject to regulations by the State or Federal 3overnment, holds on deposit -he necessary amount of $2,793.96, pledging these funds to the City of Rancho Cucamonga for payment of labor and materials on the project of Vernon and June Barshear known as Minor Subdivision number 77 -0534, County San Bernardino, State of California, according to that agreement dated , between City of Rancho Cucamonga and owners as above stated. The Two Thousand Seven Hundred Ninety -Three Dollars and Ninety -Six Cents will be disbursed upon authorization and direction of a duly auth- orized representa *ivL of the City of Rancho Cucamonga. :his agreement shall expire either upon disbursement io the City or upon ac.ce-,tarce by the CITY of that portion of the aforementioned work secured by this instrument. Very11 truly yours, Steve Yates (I��� -� Branch Manager T''v -i:is Acreecent P.nurcved: Ax ^uted: City City of Ranchc r'uca :cni %a Tat, 'ill NORTH EUCUOA fotfi ONTAPIn CAI it OR%IA mna r7141 12211 MF M`n Or GOLrA h VIr V IMrXiAI CCIRPOP AnO', 0 0 A E R E E N F. N T Plot P1enMinor Subdivision/HObilehome Park 'Phis AGREEWNT, made and entered into this day of 19_, by and between the CITY OF RANCHO CUCANONGA, State of California, hereinafter called the "' CITY ", and hereinafter called the�"otNER ". WITNESSETH FIRST: That the OWNER for and in consideration of the permission granted by the CITY to construct certain improvements within public rights of way in that certain Parcel known an Minor Subdivision No. 77 -nS14 hrreby agrees at his (its) own coot end expense, to furnish all required equip - sent, labor and material, and before the expiration of two years from the date hereof, to perform and complete in a good and workmanlike sooner the following work and improvements, to wit: Construco road imorovements 9n Hel7mao e,.on Said construction shall include; 150 linear feet of curb and gutter; one driveway approach; all necessar, grading, .i I g- Permit fees shall conform to the "Curb and Gnrt the Board of Supervisors. in accordance with the San Bernardino County Standard Drawings and Specifications, and do all work incidental thereto. Said Standard Drawings and Specifications are on file in the office of the Acting City Engineer ' and are hereby made a part of this agreement, and said work and improvewnts shall be done under the supervision and to the satisfaction of said Acting City Engineer ' OWNER hereby agrees to pay for all inspection of the work as required by the CITY . The estimated cost of said work and improvements to the sum of TWO THOUSAND SEVEN HUNDRED NINET -THREE and 96/100--Dollars ($ 9.791. or, 1. SECOND: The CITY , the Acting City Engineer- . and all officers and employees of the CITY shall not be accountable in any manner for any lose of or damage to the work or any part thereof; for any of the materials or equipment used or employed in performing the work; for any injury to any person or persons, either workmen or anyone employed by him; or for any injuries or damages to person slid Property the OWNER or his contractor having goatrol over such work must properly guard against. THIRD: The OWNER shall indemnify and hold harmless the CITY .. the Acting, City Engineer and all officers and employees of the CITY: from all suite or actions of every name, kind, or description brought for, or as a result of any injuries or damages received or sustained by any person or persona, by or from the OWNER, his contractor or agents or employees of them, in the performance of the work herein, 0 0 FOURTH: It is further agreed that the OWNER wilt at all times, up to the comple- tion and acceptance of said work or improvements, giw. g:md cr.3 adequate warning to the traveling public of every defective and dangerous rendition existent within public rights of way, and will protect the traveling public from said harardoun conditions. It is understood and agreed that until the completion of all required improvements, the subject road or roads shall not be accepted into the City Maintained Road System. OWNER mays with approval of the Acting City Engineer , close all or portions of any street when deemed necessary to protect the traveling public during the construc- tion and /or installation of the required improvements. FIFTH: It is further agreed by the parties hereto, that the OWNER will furnish good and sufficient bonds in an amount not leas than the estimated coat of said work and improvements as specified herein for the payraent and faithful performance of the terms and conditions of this contract. Said bonds m:q• be in one or more of the follow- ing forma: "(1) cash deposit, (2) bond by one or more duly authorized corporate Bure- ttes, (3) instrument of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes as set forth above. Should said securities become insufficient, the OWNER agrees to provide supple- mental surety •• required within ten days of notification. All bonds shall remain in full force and effect until all work is completed and accepted by the CITY. SIXTH: It is further agreed by and between the parties hereto, Inn luding the surety or sureties on the bonds attached to this agreement, that in the event it is deemed necessary to extend the allowable construction time for the completion of the work as required under this agreement said extension may be granted or denied by the City Council and such action shall in no way affect the validity of this agree- ment or release the surety or sureties on the bonds attached hereto.. In the event of such extension of time for completion of the work required hereunder, the CITY way re- estimate the value of incompleted work based upon current unit prices and adjust bond amounts accordingly as required, and in the event that the CITY brings suit against OWNER for alleged non - compliance with this agreement and judgment is recovered, OWNER shall pay all costs incurred by CITY in bringing such suit, including a Mason - able attorney's fee, to be affixed by the court. ATTEST: Clerk of the 'City of Rancho Cucamonga By JOHN R. SHONE ACTING CITY ENGINEER ey noputy CITY OF RANCHO CUCAMONGA By ___ _ Mayor (Signature of Principal) I (Signature of Principal) By '(Title) 00 uo5 NN spvp ur u✓u' ixarwry N s.m.wxy aria A N A. % �N� `�/ 16AZ'Kd'Sd DN dolt lab4f aGr L r aoN �t 000d /OZ EZ a0od tDD9 IOU m� B as � Dow fdoffB3fv 133tlJS J rp r�J, N lON wiGl vlj [ _ al�l � i • I �F, o i tl� J' r3AV . O ' O m1,V r �•$' :' N • NY Ix � f " 133a1S � - Q 3Ntl 50051 N ®v� DwV #Poo xol AirO G6uuwDono oVDuuy �P 9b /9'B'w uoliDloossy pD9{s9ulOF4 bbmuoono Sod ' 0 REPORT OF THE SAN BERNARDINO COUNTY TRAFFIC COMMITTEE MEETING OF FEBRUARY 14, 1978 TO THE CITY COUNCIL OF RANCHO CUCAMONGA TRAFFIC COMMITTEE REPRESENTATION: AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA CALIFORNIA HIGHWAY PATROL: BANNING AREA RONNING SPRINGS AREA SAN BERNARDINO AREA VICTORVILLE AREA SAN BERNARDINO COUNTY TRANSPORTATION DEPARTMENT Mr. P. Fowler Lt. J.R. Clements Ofc. R. Reed Sgt, N. Brown Ofc. M. M. Norman Mr. J.G. GalaniS, Jr. Mr. G.K. Parmenter 9 DATA Existing posted speed zone: 45 MPH The committee recommends that the establishment of all speed zones be based upon an engineering and traffic survey in accordance with the California Vehicle Code. An engineering and traffic survey shall include, among other requirements deemed necessary, the following: (a) the prevailing speeds, as determined by traffic engineering measure- ments; (b) accident records; and (c) highway, traffic, and roadside conditions not readily apparent to the driver. After review of the completed speed zone survey the Committee finds that the existing posted 45 MPH speed zone is correct for conditions and recommends that no change be made in the existing posted speed zone. \ !V i 'A Page 1 SAN BERNARDINO COUNTY T.I.R. No. 70076 TRAFFIC COMMITTEE File No. 157700 AA AN MEETING 2 -14 -78 T.C. No. RC 0003 SUPERVISORIAL DISTRICT 2 LOCATION UPLAND / B ne, east and we s[ of Carnelian SUBJECT Reduce Speed Limit to 35 MPH REQUESTED By Mrs. Monna Barrus 8845 Alta Loma Drive Alta Loma, CA 91701 REQUEST To reduce the speed limit on Base Line, east and west of Carnelian in the vicinity of Upland. DATA Existing posted speed zone: 45 MPH The committee recommends that the establishment of all speed zones be based upon an engineering and traffic survey in accordance with the California Vehicle Code. An engineering and traffic survey shall include, among other requirements deemed necessary, the following: (a) the prevailing speeds, as determined by traffic engineering measure- ments; (b) accident records; and (c) highway, traffic, and roadside conditions not readily apparent to the driver. After review of the completed speed zone survey the Committee finds that the existing posted 45 MPH speed zone is correct for conditions and recommends that no change be made in the existing posted speed zone. \ !V i 'A 0 Page 2 SAN BERNARDINO COUNTY T.I.R. No. 80035 TkAFRLC COMMITTER 1'i lc No. 157700 AA AN MRI01'ING 2 -14 -78 T.C. N0. RC 0004 SUPERVISORIAL DISTRICT 2 LOCATION ALTA LAMA Line at C � ''J ,$ase arrr�an SUBJECT New Traffic Signal REQUESTED BY G. Kuhlman Traffic Systems Engineer REQUEST To establish the intersection as controlled by official traffic signal. DATA The traffic signal at this intersection was accepted as complete on December 31, 1977. RECOMMENDATIONS The Committee recommends that this intersection be designated as controlled by an official traffic signal. COUNCIL ACTION NECESSARY UPON APPROVAL To designate the intersection of Base Line and Carnelian Avenue as controlled by an official traffic signal. a � rage 3 SAN BERNARDINO COUNTY T.I.R. No. 70557 TRAFFIC COMMITTEE. File No. 447350 SC 025 + SE 035 MEETING 2 -14 -78 T.C. No, RC 0005 SUPERVISORIAL DISTRICT 2 LOCATION UPLAND Jasper Street -19th Street north to Banyon Street SUBJECT Through Highway REQUESTED BY Inspector Richards, LAPD Andreason Engineering REqUEST For a through highway and speed zone on Jasper Street from 19th Street north to Banyon Street, in the vicinity of Rancho Cucamonga. DATA Satisfaction of the volume guideline (3) and any other two of the following criteria constitutes adequate guidelines for speed zoning. 1. The subject road must be classified as a primary road in the County Road System. 2. The subject road must be, in effect or by resolution, a through highway. 3. (a) To increase a prima facie 25 MPH speed limit, the subject road must have a traffic volume of 1,000 vehicles per day. (b) To decrease the 55 MPH maximum speed limit, the subject road must have a traffic volume of 2,000 vehicles per day. 4. The subject road must be a road where traffic accident records and a traffic engineering investigation show that there is a demonstrated problem susceptible to correction by speed zoning. Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exist. 1. Intersection of a less important road with a mein road where application of the normal right -of -way rule is unduly hazardous. 2. Street entering a through highway or street. 3. Unsignalized intersection in a signalized area. 0 Pao SAN BERNARDINO COUNTY TRAFFIC COMMITTEE MEETING 2 -14 -78 4. Other intersections where a combination of high speed, restricted view and serious accident record indicates a need for control by the STOP sign. Traffic Volumes: Jasper Street north of Orange 361 vehicles per day. Jasper Street north of Lemon 284 vehicles per day. The section south of Orange Street is currently under construction. A traffic engineering investigation including special traffic counts shown above, an evaluation of past records of vehicle conflict and a field review of the road section was made. The results of this investigation indicate that the minimum criteria for establishing two -way stop controls (through highway) or a speed zone are not met on this road section at this time. After review of these data and photographs taken along the road section, it is the opinion of the Committee that sufficient justification does not exist to recommend the installation of the requested traffic controls at this time. Therefore the Committee recommends that this request be denied. Based on the construction activities in the area, the Committee does recommend that this road section be kept under observation to determine traffic control needs as the development of the area progresses. V 4 Page 5 SAN BERNARDINO COUNTY T.I.R. NO. 80037 TRAFFIC COMMITTEE File No. 776850 JB 016 MELTING 2 -14 -78 T.C. No. 5071 RC 0006 SUPERVISORIAL DISTRICT 2 WCATION ETINANDA _ / �t Avenue @ Cherry Avenue y_x! SUBJECT Through Highway at Intersection REQUESTED BY Gary Kuhlman, Richard Unger Transportation Department REQUEST To establish Summit Avenue and Duncan Canyon Road as a through highway from Etiwanda Avenue easterly to Citrus Avenue, in the vicinity of Rancho Cucamonga. DATA Since the construction of State Highway 15, the Summit Avenue - Duncan Canyon Road route has become a local collector providing access to major north /south roadways and the Highland Avenue interchange on Highway 15. The resultant change in traffic patterns now justifies stop controls against several of the roadways entering the Summit Avenue - Duncan Canyon Road route. RECOMMENDATIONS Based on these data and the service the roadway provides, the Committee recommends that the Summit Avenue - Duncan Canyon Road route be established as a through highway from Etiwanda Avenue easterly to Citrus Avenue, in the vicinity of Rancho Cucamonga. CITY COUNCIL ACTION NECESSARY UPON APPROVAL To establish Summit Avenue as a through highway from Etiwanda Avenue east to Duncan Canyon Road and to establish Duncan Canyon Road as a through highway from Summit Avenue east to Citrus Avenue. Page G SAN BERNARDINO COUNTY TRAFFIC COMMITTEE MEETING 2 -14 -78 The foregoing recommendations are respectfully submitted to the City Council of Rancho Cucamonga for consideration and approval. SAN BERNARDINO COUNTY TRAFFIC COMMITPE• G. K. Parmenter Secretary Mr. John R. Shone Acting City Engineer Mr. Ken Hunter Acting City Clerk Mr. Samuel Crowe Acting City Attorney Bids for the construction of Beryl Street between Alta Loma Drive and 19th Street were opened on March 3. 1978 for the construction of Beryl Street adjacent to the Alta Loma Park property. A single bid was received from the Sully- Miller Contracting Company of Long Beach, California. The amount of their bid was $28,808.85, the engineer's estimate for the project was $17,374.30. The single bid submitted was 66% over the engineer's estimate. This is to recommend that the single bid from the Sully- Miller Company be rejected due to the large differential between the engineer's estimate and the bid submitted. It is anticipated that the project can be readvertised within the next two to four weeks. It is hoped that when the project is readvertised, we will receive competitive bids from several contractors and a low cost will be possible for the project. AHN'T. SHONE JRS:MGW:ml cc: Bill Holley, Park District J. Steger R. Teal A. Gray ff 1*TER- OFFICE M EIS - DATE March 22, 1978 z A FROM JOHN R. SHONE PHONE 1203 �•�•: - - Acting City Engineer TO Lauren Wasserman - City Manager SUBJECT COUNCIL AGENDA ITEM: Beryl Street Construction - Alta Loma Drive to 19th Street Bids for the construction of Beryl Street between Alta Loma Drive and 19th Street were opened on March 3. 1978 for the construction of Beryl Street adjacent to the Alta Loma Park property. A single bid was received from the Sully- Miller Contracting Company of Long Beach, California. The amount of their bid was $28,808.85, the engineer's estimate for the project was $17,374.30. The single bid submitted was 66% over the engineer's estimate. This is to recommend that the single bid from the Sully- Miller Company be rejected due to the large differential between the engineer's estimate and the bid submitted. It is anticipated that the project can be readvertised within the next two to four weeks. It is hoped that when the project is readvertised, we will receive competitive bids from several contractors and a low cost will be possible for the project. AHN'T. SHONE JRS:MGW:ml cc: Bill Holley, Park District J. Steger R. Teal A. Gray ff men fOUTRERn CRLIFORRIR AVOCIAT1On OF GOVERn11n 800 fauth Commonumallh BwnM -Nita 1000. Lot Angeles. Colifornio. 90005.213/385 -1000 March 22, 1978 ACTION REQUESTED Dear Public Official Each year it is the privilege of the President of the Southern California Association of Governments to appoint the committees of the organization and to establish any new committees to help formulate the Association's program. It is our intent to continue the present system of establishing our policy advisory committees into four top level committees. It is my intent to continue to strengthen the relationship of the Executive Committee to the Policy advisory committees. This will include greater participation in the decisions to be made regarding our region, The committees will cover the four broad areas of Transportation and Utilities, Human Services, Environmental Quality and Resource Conservation, and Community and Economic Development. Attached to this memo is a brief description of the program areas for each committee. We strongly_ invite all of our elected officials to volunteer for committee assignment for theciaon. We recognize the heavy commitments on the time of all elected officials as well as the difficult travel demands for officials from the more distant parts of the region. However, it is critical that we have both continued and increased participation in our committee meetings. This past year, many major decisions in fields such as transpor- tation, environmental quality, housing and community development, open space and solid waste management were made by our policy committees. I particularly urge those of you who are delegates or alternates to the General Assembly to become active within the committee structure as this will provide an extremely important link between our ongoing program of the Association and our semi - annual General Assembly meetings. Thank you for your interest and participation. Sincerely, / el6mes H. Wilson President JHW:sm Attachment )A. GENERAL POLICIES RELATING TO COMMITTEES A. There shall be four (4) Policy Advisory Committees covering the following general subject areas: • TRANSPORTATION AND UTILITIES • COMMUNITY AND ECONOMIC DEVELOPMENT • ENVIRONMENTAL QUALITY AND RESOURCE CONSERVATION • HUMAN SERVICES B. All members of policy committees are appointed by the President of the SCAG organization subject to the concurrence of the Executive Committee. C. When an appointment is made to a SCAG Policy Committee, notification of that appointment shall be given to both the individual appointed and to the governing body of his jurisdiction. D. All voting members of Policy Advisory Committees must be local elected officials; however, any of the elected officials so appointed may make a specific request of the President to have an appointed nonelected official as a voting alternate to serve on the Policy Advisory Committee. E. Policy Advisory Committees may form special subcommittees and other types of task forces, however, prior to their formation and appointment of, the subcommittees, the President and the Executive Committee should be notified as to the nature of the subcommittee, the function, and its membership. F. Time, date, and location of committee meetings shall be at the discretion of each individual committee and its chairman. G. Committee appointments shall be for a term of one (1) year, however, committee members may be reappointed for a successive term at the discretion of the President and Executive Committee of SCAG. Terms of committee members shall generally run from March to March, although committee members may continue to serve until new committee appoints are made by the President. H. The Association will honor any IPgai requirements or Memorandums of Understanuing which may specify committee representatives from nonelected officials. COMMITTEE ON ENVIRONMENTAL QUALITY AND RESOURCE CONSERVATION This committee shall act as the principal Policy Advisory Committee to the Executive Committee on all regional issues concerned with air and water, solid waste management, natural resource :on- servation, open space programs, energy conservation and all other matters relating to the en- vironment. This committee shall -_view and recommend to the Exeutive Committee the 208 Area - wide Waste Treatment Management Plan and the Air Quality Management Plan. In this capacity it will consider social, economic and energy issues as well as local and regional land use imoli- cations of environmental plans. The committee shall provide recommendations to the Executive Committee on State and Federal legislative proposals and administration guidelines affecting environmental duality and resources conservation. MAJCR ACCOMPLISHMENTS THIS YEAR Development of the Water Quality Management ( "208 ") Program Development of the Air Quality Management Program (AQNP) Area and Agency designations for solid waste management planning, under the Resource Conservation and Recovery Act (RCRA) Area and Agency desichation for non - attainment air quality plarm ny under the Federal Clean Air A, Regional Conservation and Open Space Plan Review of major projects having significant regional environmental impacts Such as EXPO '81 and Sundesert. MAJOR ISSUES FOR NEXT YEAR "208" Water Quality Management Plan Air Quality Management plan Development of a regional energy planning program (potential) Development of a regional solid waste nanagement program under RCRA (potential) COMMITTEE ON TRANSPORTATION AND UTILITIES This Committee shall act as the principal Policy Advisory Committee to the Executive Committee on all regional matters pertaining to the movements of goods and people on land, water, and air, including plans dealing with pipelines, power plants, power and gas transmission, seaports, air- ports, water and Sewer treatment and transmission, and COmanunication SyStems. The Committee shall review and recommend to the Executive Committee the Regional Transportation Plan and the Allocation. of trarsporta0 Cn .3anies to implement the Plan. In addition to the Se specific reS- FgnSltlllltles, the C0.'m.lttee Shall rell" and recommend to the Executl,e Carm•ittee, all ma)cr infrastructure (utility) aeielopment plans. The Committee shall address location, size or capacity, timing and i -pact of facilities. It shall provide recommendations to the Executive Committee on state and federal legislative proposals and administrative guidelines affecting planning Ind capital irpr:ve *ent crogra-.s far transportation and utility deveioprent. MAJOR ACCOMPLISHMENTS THIS YEAR: Development of the 1977 -78 Transportation Improvement Program The Regional Transit. IL VC lgpnent program High Occupancy Vehicle Program MAJOR ISSUES FOR NEXT YEAR: 1978 Regional Trarsportation Plan Transit Service policies State Higrway Protect Priorities NUMAN SERVICES COPMITT EE The Committee is charged with the responsibility of making recommendatians to the Executive Com- mittee to integrate the programs of the various social service agencies with the comprehensive Planning Program of SLAG. The Committee shall seek to establish clear liaison with existing r¢- gionai agencies in the fields of manpower, aging, criminal justice, youth services, health care, education, welfare, culture and recreation. The Committee shall develop recommendations as to how SCAG's existing planning efforts can be made available and incorporated into the plans of acencies involved in the human services field. The Committee shall review state and federal legislative and administrative proposals in the field of human services and make recommendations to the Executive Committee concerning the probable impact of these proposals and suggested policy positions for the Association. MAJOR ACCOMPLISHMENTS OR ISSUES THIS YEAR: Executive Committee adopted balance of human service goals and policies statements. Reviewed and recommended action on selected Human Services related legislation. Regio ^al Housing Element Involved in the development of SCAG's Overall Work Program for Fiscal Year 1978 -'79 and specifically dealing with human services section. Workshop dealing with organizational, administrative and fiscal implications of cities addressing human services needs. Workshop dealing with Financing Crime Control. YA�CR TSSUFS FOR NE XT YEAR: Review the existing caordinative relationships with selected "areawide special purpose Planning agencies" concerned with social needs, e.g. Health Systems Agencies, Area Agencies on Aging, etc. Review SCAG's regional functional plans in air quality, water quality, transportation, etc. Review and recommend action on selected human services - related state and federal legislation. COMIUNITY AND ECONOMIC DEVELOPMENT This Committee shall be responsible for providing policy recorrendations to the Executive Com- mittee on the subjects of Housing, Economic Developmant, Community Development, Enoleym, nt, and Land Use �Dlicy. it shall concern itself with maintaining the viability of the region's econo- mic structure and assuring that there is a fair and adequate allocation of the region's resources, he Camnittee shalt provide policy guidance to the Executive Committee on the implementation of the Housino and Cormunity 3evalopment Act and shall make recohrendatiors an state and federal legislative and administrative proposals affecting community and economic development within the region. ISSUES EALT WITH THIS YEAR: Recommendations on the Urban Development Strategy for California Ooyelopmont of the gecional Land 'Use Element Ce ve'PC-e^: a 7e1100!7 'Isis lno Element Rexnrenda:ians or the iaaaide Housing Ocportunit/ Plan ISSUES FOR 'IE %T YEAR: Selection o` SCA, 7d Gr ,.th Forecast Policy Reco ^m¢ndations on the ass,s,ent of six alternative grnvth forecast policies. Reco�mendations on Oogional Housing Element, Regional Land Use Element, and alternative grcwth altornati,as, Including their integration with 203 Clean Hater and Air Quality s'.aintenance pro ^ -ams Integration of growth ' east policy with 208 'Waste 'Rater 'linagemen., Air Quality ^aintenan Ce, and Trams- oetation plans. 9lrtan Rei,hs:-e,t St>a x:v Economic Avelopment Stra Ss;y Revision of the Regional Sousing Allocation Yodel FEMK ���r ROMW LEGISLATIVE BULLETIN 11MME League of California Cities °::lit SACRAMENTO 95014 C, I'! • 'r W�,X ione,hnr 011 -1978 March 17, 1978 To: Mayors, City Managers and City Clerks in Non - Manager Cities (Internal Distribution Please: Council Members and Chief Building Inspectors) LEGISLATIVE ACTIVITIES 1. Arbitration of Civil Actions. SB 1362 (Smith) - Hearing: Tues., March 28 2. Speed Limits. Engineering and Traffic Survey Restrictions Reduced. AB 2442 (Chacou) 3. Elections by Districts. AB 2174 and AB 2164 (Keysor) - Hearing: Wed., March 29 4. Eminent Domain. Payment Required for Abatement of Non - Conforming Uses. AB 2757 (Ingalls) 5. Building Permits. Specific Form Required. SB 1664 (Robbins) 6. Changed Status of Bills Previously Reported. ADMINISTRATIVE ACTIVITIES 7. Anniversary Statements of Economic Interests. Proposition 9. B. California Transportation Commission. Membership. Y's tc;-d.:j, (!•Axrdt 16), the Legislature arhlmc•sed . •r• its L%ctep recess. Both houses wilt be in ad ourv+.ment until M1! ^•:;imj, March V. Most of your Zegis Zators +.11 ce spend - t %te +;cc,, n thoir dis tricte *.ry ;:•;y *o Fr'a:g Ute�se Lvea t—date on ,'.oral Pietas relat9:ng to cctivu:ties here in dtute •'apital. You are urgod to make Out ,^cost of this t,al; with your A6se, ^Hl rten and Senattor•s and ti sFume t;a:th thm+ your concerns for nwri.s7atIrc action dtr• n:g the ;i.ncZ creeks of the 19', -78 Lagi.s La furs. It is particularly important that, in these discussions, you re- „rar. r,gard2cg uap%m,o 7; ,ai sr.n.i proposals 77hr i-r,,, =r - -ai the:• favorable or adders- -that they Will have on your oun city. SPPPORT Arbitration of Civil Acticns, SB 1362 (Sri tJS). Bearing: Tues•, tfarch 28. SB 1362 would tequfte arbitration in civil actions where the amount in controversy does not exceed $15,000 in each of the twelve ,ountie,: which h.nro mote thin ten superior r tit( judges. Tt would permit ntbitration in connti.es with Less than ten judges and in each municipal court district where the amount in controversy does not exceed the jurisdiction of the municipal rourt. Lt would also authorize arbitration upon stipulation of both parties where the hmo-.nt in controversy exceeds $15,000. The bill would apply to public agencies which are a party to an action. After an arbi- tration any party nav elect tc have a de nova trial. however, the party must pay the cost of arbitration and if the judgment after the trial is not more favorable to the party requesting the trial than the arbitration award, the court may order the party to pay court costs. The proposal Is sponsored by the Administration and would become effective July 1, 1979, and remain in effect until January 1, 1985. The League supports the bill as a means of reducing court costs and delays in settlements which b., :o contributed to the 13 enormous escalati7n in the costs of liability ins•nce. The bill will be heard by the Senate Committee on Judiciary on Tuesday, March 28. The members of the committee are: Song (Chairman), Duelaiejian (Vice Chairman), Beverly, D. Car- penter, Robbins, Roberti, Sieroty, Wilson, and Zenovich. SUPPORT Speed Limits. Engineering and Traffic Survey Restrictions Re- duced. AB 2442 (Chacon). AS 2442 is a League - sponsored bill to allow cities more flexibility in the determination of speed limits within resi- dential areas and to delete the requirement for expensive engineering and traffic surveys on short and narrow residential streets where such surveys are simply a waste of money. The measure would amend the existing Vehicle Code requirements that cities conduct engineering and traffic surveys to justify the use of radar in the enforcement of speed limits. Under current require- ments it is exceedingly difficult to establish a speed lower than the speed at the 85th percentile level -- as determined by the required engineering and traffic survey. This often produces a speed limit even higher than that which was posted for the street in question before the citizenry complained. All 2442 would accomplish two needed revisions in these speed law statutes: �a) It would exempt residential streets of less than 40 feet in width and 1 mile in length from the engineering and traffic survey requirement. (The requirement for such studies on these short and narrow streets is wasteful and unncessary.) (b) It would allow, again only in residential areas, the consideration of factors in addition to the 85th percentile speed of the vehicles traveling the street. These additional factors which could be con- sidered would include, but not be limited to, residential character- istics of the neighborhood, location of schools and other meeting places, presence of children and senior citizens, anti noise levels resulting from traffic. Ali 2442 was heard in the Assembly Committee on Transportation on March 14 and was defeated. The bill. came to a vote at the end of a long meeting and several members who were committed to support the measure had gone to other committees nod meetings by the time it was finally voted upon. The measure was granted reconsideration, however, and will be voted upon again in the near future. ;he next vote mnv take place on March 28. It is very important that all cities nt• rested in re;ol.ving this problem take an Ictive role in contactinv, the mea- hers of the Assembly Committee on Transportation and their own Assemblymen and Senator to urge support for the bill. The measure is being opposed by the Teamsters and by the Auto Clubs of both Nortlinrn and Southern California. City support is imperative if we are to secure pa.ssnge of the bill. The mem- hers of the committee are: Ingalls ( Chairran), Wray (Vice Chairman), Anton - o:ich, Bane, Bates, grown, Cal.vo, Chel, Collier, Deddeh, Hallett, Lanterman, Montoya, Vicencia, and Wnrnum. 7• OPPOSE ELe Lions by Districts. AS 2174 and AB 2154 ( Keyser). Hearing: '4e d_,_MarcI, 29. A8 2174, which would require council members elected in cities of more than 15,000 population to be elected by districts, and AB 2L64, an urgency measure, which would require an election in November of 1978 in all general law cities which do not elect council members by dis- tricts to determine whether or not council members should be elected by dis- tricts, will both be heard by the Assembly Committee on Elections and Re- apportionment on Wednesday, March 29. City opposition to both bills should be indicated to the members of the committee. The members of the committee are: Keyser (Chairman), Gage (Vice Chairman), Arnett, Cordova, Dannemeyer, Fazio, Lehman, Priolo, and M. Waters. (See February } legislative bulletin, Item No. 2, for details.) - 2 - 7/17/78 OPPOSE Emit. Domain, Payment Required fa•batement of Non-Conform- ing Uses, All 2757 (Ingalls). Existing case Saw provides that the constitutional guaranty of just compensation for the taking of privz.-: property does not apply to the state's exercise of its police power, and that damage resulting from an exercise of the police power is not compensable. Under this theory it has been held that the elimination of an existing prop- erty use or a non - conforming property structure by way of a zoning ordinance is not a compensable taking of property. This bill would provide that the elimination of any non - conforming structure by way of a zoning ordinance or otherwise shall be accomplished only through the exercise of the power of eminent doms in. Thus, it represents a severe new restraint on the exer:ise of local zoning powers and imposes an impossible cost burden on enforcement of local zoning provisions. The bill has been assigned to the Assembly Com- mittee on .judiciary, and letters of opposition should he sent to the members of that committee. The members of the committee are: Miller (Chairman), Cordova (Vice Chairman), Chel, Fazio, Fenton, Imbrecht, Ingalls, McVittie, Stirling, Torres, and M- Waters. REVIEW Bufld,_ng Permits. Specific form Required. S8 1661 (Robbins). AI�!` Thts bill would require cities to incbade :rfth rhea building GOINENT pcimitc spectfied declarations in a specified form printed on the permit and executed as a part of the building permit. Fcch declaration would include identity of the parcel., owner, contractor, arChi- Lect or engineer, workers' compensation insurer or exemption and construction lender. In its present form, the bill does include a prov'sion for S8 90 reimbursement for costs, AB 1664 has been assigned to the Senate Committee on Local Government. Individual city review and comment is requested. 6. Chang., Eta [us of Bills Prev LOUSIy resorted. (a) Statc Pay Fair Share ct Fro P— erC Tax n _ Sta_ te owned Structures. AB 2432 (Goa: which would — -__L enact the State Tmpact Relief Act and appropriate $15 millinn to local government= as r partial payment of local property L.Ixes for state facill- tfcn, t. r nee fcr hearing before the Assembly Crarmittee on Revenue and laxatirn ri Nu„day, March 27. fetters of individual city support are urged. Members are: Brown (Chairman), Mello (Vice Chairman), Steel, Cordova, Deddel•, lazic, :,age, Imbrecht, Kapiloff, Lewis, tockyer, Mori, Stirling, W. Thomas, and Vfcencia. (See :egislative bulletin of February 17.) (b) Public Bearleal and_Inland Waters Fund. AB 1109 (Mangers), which 1s supported by the League and would establish a public beach and water - related fund of $5 million, $3 million of which would be allocated to eligible +castal jurisdictions ,>n a p- earl md :m:ilton of which :.'t id b.• <Ildrd I, jurlsdicelcn" :::rh tol.;nd WILVc- rclit<J recr e..: irnv :l fn it itren If sr a'. a, +, de slgnt.ftcan" rn an individual price t -by- project basis, wtil be hcs,d by the Senate Cam mittee on Natural Resoutcer; and Wildfire .n Tuesday, Apr'. iL. Cities should Indicate their supporr, of the bill to members cf the committee. They are: Nejedly (Chairman), Smith (1•L -e CLaimwi), ',gala, Behr, Differ, Dunlap, Gara- :,cndi, Ri °bardr. ^n, and Rnddn lc) Cl.an.uahlc prli+itations. Preemption. A8 2059 (M;Aliste;) which, except in cities _vei 00,000, is still largely preemptory of local ordinances regulating charitable solicitations in Cali- fornia crmmunL tiee and lo:.al enforcement e.lfnrts, will be set for hearing before the Senate Commiv., -r cn Cnvernem-tal. rlrgantzetion on April 11. Cities apposing the bill are urged tc communicate their opposition to committee members immediately. (d) Mrbtlehome Park Tenan, to "Rcpt Ccnt-cl." AB 450 (G,o ••gin), which provides a mechanism for price controls in mobilehome parks, is now set for hearing i.r. the Senate C,tmmlttce on Judiciary on March 28. A number of irdf.vidual cities have 1nJir.ated their interest In this legislation. (e) AdministratlVe Ad udicu_l�a cf Traffic Offenses. AB 1068 (Fazio), which proposes a pilot project for administrat{ve (non - judicial) adjudication of traffic offenses, is set for hearing h-.' `he Senate Com- mittee on Judiciary on April 4. - 3 - 3/17178 Anniversary Statats of Economic Interests. Pro sition 9. Mayors, city council members, city managers and chief administrative officers should be reminded that April 1 is the deadline by which anniversary statements of economic interest must be filed with the Fair Political Practices Commission. It is important for these statements to be filed on time because of the $10 per day fee which may be imposed on late filers. 8. California Transportation Commission. Membership. In our legislative bulletin of March 3, 1978, we reported tta appointment of the California Transportation Commission. In our item we erroneously reported that no members of the Com- mission are city officials or former city officials. Mr. Dean N. Meyer was a member of the Mill Valley City Council from 1966 to 1970 and was Mayor of Mill Valley from 1968 to 1970. He now resides in Hayfork. - 4 - 3/17/78 • • Digest #2 -1978 DIGEST OF 1977 -78 SENATE BILLS AFFECTING CITIES S. B. No 1,330 FUNDS OF LOCAL GOVERNMENT: SECURITY FOR DEPOSIT. Amend §53651, Gov.C. "nnovich Existing law specifies those securities which are eligible to be re- (L. Gov.) ceived as security for the deposit of funds of local governmental agencies in banks and savings and loan associations. This bill would subject to certain conditions, include among such eligible securities, promissory notes secured by first mortgages and first trust deeds upon residential real property located in California. 1336 GOVERNOR'S APPOINTMENTS: CONFIRMATION. Add §1322.5, Gov.C. Existing Alquist law does not presently require that appointments made by the Governor (Rules) are subject to confirmation by a two- thirds vote of all the Members elected to the Senate. This bill would so require. 1337 TRANSPORT'AT'ION: STATE HIGHWAY ACCOUNT. Amend §183, S.6H.C. Under Alquist existing law, the California Transportation Commission is requited (Trans.) to allocate funds from the State Highwav Account in the State Trans- portation Fund appropriated by the Legislature to specific projects within the budget program categories. This bill would require the Department of Transportation to expend all such funds allocated to it within the same fiscal year to the extent feasible. 1343 ON -SITE WASTEWATER DISPOSAL ZONES. Amend §6968 of, and add §6955.1 Behr to, H.6S.C. Existing law empowers any public agency, as specified (L. Gov.) and which may acquire, construct, maintain, and operate sanitary sewers and sewage systems, to form on -site wast, water disposal zones. This bill would restrict such authorization to requite at least 12 voters, as specified, in a proposed zone. Existing law also requires an election an the proposal to form a zone, tinder specified conditions, to be conducted pursuant to the Uniform District Election Law. This bill would require such election to be conducted pur- suant to the law pertaining to regular or special elections held in the public agency. 1346 CALIFORNIA TRANSPORTATION COMMISSION: APPOINTMENTS. Amend §14502. Alquist Gov.C. Under present law, the Governor appoints 9 members of He (Trans.) California Transportation Commission, one of whom shall be a member of the Public Utilities Commission, with the advice and consent v* the lentte. This bill. would, in addition, specify that if the Governor fails to r la an appointment for any vacancy within 30 days of its occurrence, the Senate Rules Commtttee may make the appointment. t 344 PROPERTY TAXATION. Amend §20544. R.6T.C. The existing Senior Ci.l• Campbell izens Property Tax Assistance Law, provides a system whereby renters (Rev. 6 Tax.) 62 vents of age or older are paid state funds according to a schedule based on their household incomes and the amount of property taxes deemed to be paid, on their homes. With respect to such renters, the schedule arranges fron 96% for those with household incomes of not more than $1,400 to 4% for those with household incomes of not more than $5,000 based on a statutory property tax equivalent of $.20 in all cases. This bill would provide that the schedule for such renters shall range from 96% for those with household incomes of not more than $3,000 to 4% for those with household incomes of not more than $12,000 based on a statutory property tax equivalent of $250 in all cases. The bill would also require the Franchise Tax Board to recompute such household income based on an inflation adjustment factor. This bill would apply to claims for assistance filed for the 1978 -79 fiscal year and fiscal years thereafter. mm S, B. No. 1355 An act making appropriations for Lhe support of the government of the Rodd.a State of California and for several public purposes in accordance (Fin.) with the provisions of §12 of Article TV of the Constitution of the State of Califoria. Makes appropriations for support of state govern- ment for the 1978 -79 fiscal year. To take effect immediately, urgency statute. 1356 INCOME TAX: DEDUCTIONS: SAVINGS ACCOUNTS TO PURCHASE HOUSING. Amend Stull § §17072 and 18052 of, and to add §17237, R. &T.C. Under the currenr (Rev. & Tax.) Personal Income Tax Law, with minor exceptions, all income from what- ever source is subject to taxation. This bill would allow to any taxpaver who has never purchased his principal residence a deduction in computing taxation income up to $2,500 a year (up to a life -time maximum of $10,000) for deposits to a savings account to be used for purchasing a home, The interest on the savings account would not be subject to tax. The bill would also require the basis of the home, for purposes of computing gain or loss on sale, to be reduced by the amount of down payment from an individual housing account. The bill would take effect immed- iately as a tax levy. 1350 RECREATIONAL TRAILS: FINANCING. Adds and amends various sections, NejedIv P.R.0 and R. &T.C. The Collier -Keene State Hostel Facilities Act (N. R. & W.) authorizes the Department of Parks and Recreation to acquire land for, develop, and maintain recreational trails to and between units of the state park system. This bill would specifically authort7s the department to plan recreational trails and authorize the department to establish rvcreational trails to, between, and through units of the state park system and other recreational areas and facilities of statewide or regional interest pursuant to char act. That act also authorizes the department to provide a hostel facility at any park or recreation area under the jurisdiction of any local or regional public agency that agrees to maintain it. 'this bill would, instead, authorize the department to provide a hostel facility at anv recreation area or facility of statewide or regional interest that is under such jurisdiction. That act authorizes the Director of Parks and Recreation to adopt regulations for its administration. This bill would require that such regulations Include the prohibition of possession of firearms on anv recreational trail. The act that enacted the Collier -Keene State. Hostel Facilities Act also appropriated $2,150.000 to the department for the development of hostel facilities In state park units in various specified counties and for the establishment of recreational trails to and be- tween such units pursuant to that act. This bill would create the State and local Trails Account in the General Fund, whi�:h would be the depository of the first $10,000,000 of revenues annually collected f,-cm a special license fee in the annual amount of $1, which would be Imposed on vehi.:'7s snb.lect to registration under the Vehicle Code, other thnn trailer coaches required co he moved under permit, commencing .Tannery 1, 1079, One half of such moneys depos- ited in the account would be available to the department for the planning, acquisition, Jo vol npr,ent, or mninten,ace of recreational trails pursuant to the collier -Keene State Ilostel Facilities Act and one half would be available for grants by the department to cities, counties, and districts for the planning, design, acquisition, and construc- tion of recreational trails, when appropriated be the Legislature for these purposes. "!one i for grants would be allocated on the basis of the number of registered vehicles in each county, and grants would not be made until the county has submitted a oriocity trail plan to the director. Grants would nit exceed 757, of specified costs of A trail. The California Recreational Trails Act requires the Director of Parks and Recreation to cause t„ be prepared, and continuously maintained, a California Recreational Trails System Plan, consisting of specified elements. The [)apartment of Transportation is required to prepare a California Transportation Plan. Trail routes designated in the California Recreational Trails System Plan intended for nonmotorized transportation will become part of the nonmotorized element of the California transportation Plan. - 4 - DIGEST OF 1977 -78 ASSEMBLY BILLS AFFECTING CITIES Diegest p2 -1978 A. B. No 2102 VEHICLES: LENGTH LIMITATION. Amend §35400, Veb.C. Existing law 11nfiy generally prohibits any vehicle being more than 40 feet in length, ('Trans.) but certain vehicles are exempted from this provision when the excess length is caused by auxiliary parts, equipment, or machinery, or by parts necessary to comply with various equipment or safety regulations or by certain devices used to assist handicapped persons in boarding or leaving hoses. An arts uu lated bits, an articulated trolley, or a semitrailer being towed by a motor truck or truck tractor, under certain conditions, is exempt. In addition, certain combina- tions of vehicles are governed by a different provision. This bill would also exempt vehicles designed and used for drilling water wells from the general length limita- tion, and allow water drilling rigs to be a maximum of 48 feet in length. This is an urgency measure to take effect immediately. 21114 ALCOHOLIC BEVERAGES: CLUB LICENSES. Add §23428.26, B.&P.C. Existing C.happie law provides for the issuance of a club license for the sale of alcoholic beverages to specified organizations. This bill would authorize the Department of Alcoholic Beverage Central to issue a club license to certain nonprofit property owners` associations, as defined. 2105 FIRE PREVENTION: STATE FORESTER AGREEMENTS. Amend §4144, P.R.C. Chappie Under existing law, the State Forester is required to enter into (Res., L. U., a cooperative agreement with anv county with a population of 100,000 & E.) or less, when any such county so requests, for the purpose of pre- venting and suppressing forest fires or other ''.res within the comity. This bill would require that the population of such counties be determined by §28020 of the Government Code which is based on the 1970 federal census. Llln VEHICLES: PROHIBITED AMPLIFICATION DEVICES, Amend the heading of Cullen Article 1 (commencing with §27000) of Chap. 5 of Div. 12, and add (Trans.) 527007, Veh.C. There is no existing state law specifically covering the operation of public address systems and other amplification de- vices on vehicles. This bill would prohibit use of such systems when a vehicle is being operated upon a highway, unless the system is being used to request assistance or warn of a hazardous situation. Authorized emergency vehicles and the public address systems of vehicles used for advertising or in parades or special evente .m.11d be exempt from such prohibitions. Local authorities would, however, be aunccr- i-,d tc prohibit such devices on vehicles used for advertising or in parades or special events. 'The bill would provide no reimbursement nor make an appropriation for any coats incurred by local agencies pursuant to the act for a specified reason. 21L2 VOTER REGIS'T'RATION: CANCELLATION. Amend §701, add Article 6 (com- Rane mencing with §800) to Chap. 2 of DLv. I, Elec.C. Current law (Elec. 6 Reap.) requires a county clerk, under prescribed conditions, to cancel the registration of a voter if a voter fails to vote at the previous direct primary election or previous statewide election, whichever is later, and the clerk receives an address correction notice, indicating that such voter no long resi ]as in the county or has moved and left no forwarding address. This bill would authorize county clerks to utilize a different procedure, rather than the above, for purposes of cancelling persons' affidavits of registration. Generally, under such procedure, county clerks would be required to mall to each registered voter of the county a preelection residency confirmation card prior to the direct primary election. It would prescribe the actions, including, but not limited to, the cancellation of affidavits of registration, that the county clerks must take in connection with such - 3 - A. B. No. 2112 mailings. It would also provide for certain mailings to perso..c (Co::t'd.) who failed to vote at the general election and would prescribe the conditions for cancellation of affidavits of registration for such persons. The bill would take effect as an urgency statute. 2113 AIR POLLUTION: COUNTY AIR POLLUTION CONTROL DISTRICTS. Add 340101.5, Cage H.6S.C. Under existing law, the board of supervisors of a county (Res., L. U., in which a county air pollution control district is functioning 6 E.) may appropriate funds to a county district to be deposited in the treasury of the county district. This bill would specifically authorize the board of supervisors of a county which is partly in a county district to levy an ad valorem property tax on taxable property, but excluding intangible personal property, within the county district to be paid to the county treasurer to the credit of the county district. Existing law grants the homeowners' property tax exemption in the amount of $7,000 of the full value of qualified dwellings and continuously appropriates state funds for subventions to local government to compen- snte for property tax revenues lost by reason of such exemption. This bill would increase the amount of such appropriation by authorizing an additional property tax. 2126 ELECTIONS: CAMPAIGN FUNDING. Add 518417, R.6T.C., repeal and add Keysor Article 1 (commencing with 585100) of Chap. 5 of Title 9, Gov.0 (Elec. 6 Reap.) Existing provisions of the Political Reform Act of 1974 impose various limits on campaign expenditures with respect to candidates for statewide office and statewide ballot measures, as well as expenditures with respect to the circulation of statewide petitions. This bill would repeal such provisions and add provisions establishing state funding for camnaigns for statewide office at the general election, imposing expenditure limitations for candidates accepting such funding, establishing a Campaign Finance Account and providing for the administration of campaign financing, authorizing taxpayers to designate Sl of their state income tax to be paid to the Campaign Finance Account, and providing for enforcement, remedies, and sanctions with respect to such provisions. This bill would also provide that no appropriation is made and the state shall not reimburse local agencies for costs incurred by them pursuant to this bill. The bill would become operative only upon approval of the voters as provided in the Political Reform Act of 1974. This bill would also call a special election to be consolidate,! with the general election of 1978 for purposes of submitting the above provisions to the electors. The special election provisions would take effect immediately- 2127 MOTOR VEHICLES: REGISTRATION; MOTORIZED BICYCLES. Add and amend Stirling various Sections, R.ST.C. Under present law motorized bicycles (Trans.) operated upon a highway are exempt from registration requirements of the Vehicle Code and payment of fees imposed pursuant to the Revenue and Taxation Code and the Vehicle Code (although they can be registered as hicvcles in local jurisdictions which have a bicvcle registration program). In addition, persons who manufacture, sell or distribute motorized bicycles are not presently included within the definitions of dealer or vehicle manufacturer (for purposes of the Vehicle Code) because motorized bicycles are not presently subject to registration. This bill would repeal such provisions regarding the exemption frot registration for motorized bicycles, thus making motorized bicycles subject to tegistration requirements, including payment of a $2 registration fee. Such fees could ultimately be deposited in the State Highway Account in the State Trans- portation Fund, which is continuously appropriated; and, therefore, this bill would make an appropriation. Motorized bicycles would, however, continue to be exempt from payment of license fees imposed pursuant to the Revenue and Taxation Code. Further, persons who manufacture or deal in motorized bicycles would specifically be excluded from the definition of a vehicle manufacturer or dealer. The bill would also make related, conforming changes. - 4 - R. No 135'1 This bill would require the Department of Parks and Recreation to ('o t'd.) cooperate with the Department of Transportation in the development of criteria by which to determine priority for state trail projects ` mdod with moneys from the State and Local Trails Acount and to assist local agencies it the formulation of trail plans so as to achieve maximum compatibility among such pro.1,cts and local plans, the California Recreational Trails System Plan, and the non - mototized element of the California Transportation Plan. The bill also would provide that the next $4,000,000 of the revenues annually collected from the special licensa fee when available after the obligation to transfer $10,000,000 to the State and Local Trails Account is satisfied, shall be deposited in the State Highway Account in the State Transportation Fund for expenditure by the Department of Transporation for the planning, construction, and maintenance of nonmotorized transportation facilities pur- suant to specified provisions of existing law. All revenues annually collected from the special license fee in excess of the $14,000,000 required to be transferred to the State and Local Trails Account and the State Highway Account would be required to be dvi,• ited in the Abandoned Vehicle Trust Fund. Inasmuch as monevs in both the State Higitwas Account in the State Transportation Fund and the Abandoned Vehicle Trust Fund ari ,'inucusly appropriated pursuant to existing law, and this bill would provide a new revenue source for deposit in those funds, this bill would make an appropriation. The bill would make other technical changes, I V17. AR11(TRATIDN. Repeal and add and repeal Chap. 2.5 (commencing with dmi th §1141.10) of Title 3 of Part 3, C.C.P. Existing law provides for (.Ind.) voluntary agreements between parties to arbitrate disputes and the judicial enforcement of such agreements and of any awards made pur- suant to such agreements, but makes no provision for the mandato j submission of cavil actions to arbitration. This bill would provide for the mandatary submission of ce-- tln :-ivfl actions to arbitration. This bill would, among other things, provide for ot.h of the following: (1) Require each superior court with 10 or more judges to sx,mit to arbitration all at -issue civil actions where the amount in controversy does n.t exceed $15,000, (2) Permit each superior court with less than 10 judges and each municipal court district to provide by local rule for the mandatory submis=_ic, of ,iii at -issue civil actions where, respectively, the amount in controversy does ant ex,.eed $15,000 or does not exceed the jurisdiction of the municipal court. (3) Re- quire the Judicial Cmmcil to provide by rule for the arbitration of civil actions wbere the parties to such actions stipulate thereto or where one of the adverse parties elects where the amount in controversy exceeds $15,000 but is less than $25,000. This ,.lip—ot t :eu Ll ';ply to superior courts having arbitration pursuant to the bit' ( •) !..vrt ;;- ot'l,- .nriq;• specified, make the bill applicable only to civil actions ac 1,r. .nd to:,pplic.able to civil actions which include prayers for equitable relief •aL(•.h are neither frivolous nor insubstantial. (5) Require the Judicial Council. to rr' ; - by rule for practfre and procedure for all, actions submitted to arbitration under the bill and For exceptions, for cause, to arbitration of civil actions subject t+ court jurisdiction and to provide for the qualification, selection, and 2b1rVenaatfnn of arbitratcrs. ;6) Frovide. that submission to arbitration does not toll the running of time periods g�vcrntng the dismissal or action= for want of prosecution, (7) Require arbitrators t•. I+ ittnrneys who have engaged in the practice of law for at .least 5 years, except that persons who are not attorneys may serve as arbitrators upon stipulation 'f all part vs . (g) Permit a party to arbitration to elect to have a de novo trial, by a court or a jury, as to both law and facts and would require such trial to be given precedence on the civil trial calendar. The bill would require the party so electing to pay the costs of arbitration, including the compensation of the arbitration, and the actual tests, as specified, of the other party in the event that the judgement ep:n the trial de novo does not exceed the award by 20 percent. (9) Provide that an award shall. have the same force and effect as a judgement, if neither a request for - 5 - 0 0 S. B. No. 1362 a de novo trial is made nor the award is vacated, except that it is (Cont'd.) not subject to appeal and may not be attached or set aside except as provided by Judicial Council rule. (10) Require the Judicial Council p report to the Governor and the Legislature on or before January 1, 1984) as to the effectiveness of the bill, including recommendations for future action. (11) Makes related changes. (12) Provide that the provisions of the bill shall become operative January 1, 1980, except that the Judicial Council would be required to adopt rules by January 15, 1979, and shall remain in effect only until January 1, 1985, and, as of such date are repealed, unless a later enacted statute chaptered prior to January 1, 1985, deletes or extends such date. 1364 HOLLYWOOD - BURBANK AIRPORT. Amend §6546.1, Gov,C. Existing law Russell provides that in the County of Los Angeles, any agency, commission (L. Gov.) or board established pursuant to the exercise of the joint powers agreement entered into by cities for the purpose of maintaining the Hollywood- Burbank Airport as a public airport, is authorized to issue revenue bonds. The power to issue such bonds terminates as of December 31, 1980. This bill would extend the power to issue revenue bonds as long as the provision continues to be in effect if the entity has initially issued such bonds on or prior to December 31, 1980. The requirement of initial issuance of such bonds would be extended in the event issuance of bonds is prevented by litigation. This bill would take effect immediately as an urgency statute. 1367 REGISTERED CONSTRUCTION INSPECTORS. Amend §9116, add and repeal Alquist §9161.5, B.6P.C. Existing law establishes a State Board of Regis - (Fin.) tered Construction Inspectors in the Department of Consumer Affairs. In addition to a general provision contained in the Business and Professions Code, the Registered Construction Inspectors Law contains a specific provision providing that each member of the board shall continue in office until the appointment and qualification of his successor or until 1 year has elapsed since the expiration of his term, whichever first occurs. This bill would delete the specific provision contained in Registered Construction Inspectors Law relating to remaining in office until 1 year has elapsed since the expiration of a term. It also would appropriate $100,000 from the General Fund to the Construction Inspectors Registration Board Fund, a continuously appropriated fund, for designated purposes, among which is the operation of the board. Existing law requires persons who desire to be regis- tered construction inspectors to take an examination for each registration special.-.y if he meets prescribed qualifications. This bill would waive such a requirement '.f the person meets all other requirements to be examined, is employed as an inspector on the effective date of the bill, and can show 5 years of such employment. This provision would only be in effect for 1 year following the enactment of this bill This bill would waive such requirement if the person is employed as an inspector on Ole effective date of the act. It also mould take effect immediately, as an urgency tatnte. - 6 - March 29, 1978 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Special Meeting CALL TO ORDER A special meeting of the City Council was held at the Community Services Building, 9161 Baseline Road, Rancho Cucamonga, on Wednesday, March 29, 1978. The meeting was called to order at 7:33 p.m. by Mayor James C. Frost. ROLL CALL Present: Council members Jon D. Mikels, Michael Palombo, Phillip D. Schlosser, and Mayor James C. Frost. City Manager, Lauren M. Wasserman, and Assistant Interim City Attorney, Robert Dougherty. Absent: Charles A. West. MEMO FROM CITY Mr. Dougherty, the assistant interim city attorney, was ATTORNEY -Re. asked to comment on the memo submitted to the Council. He Proposed explained that when the city was first incorporated on November Ordinances 22, 1977, it adopted laws from the County for the first 120 days which was according to state law. The time will expire on April 1, 1978. The special meeting was called as a Public Hearing to adopt the County Code by reference. This Public Hearing has been advertised in the Rancho Cucamonga Times and at the three post offices in Rancho Cucamonga, and the County Code has been deposited in the City Clerk's office fifteen days prior to the Public Hearing -- all according to law. ORDINANCE ORDINANCE NO. ADOPTING COUNTY CODE AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO (First Reading) GOVERNMENT CODE SECTION 50022.9, THAT CERTAIN CODE KNOWN AS THE "CODIFIED ORDINANCES OF THE COUNTY OF SAN BERNARDINO" ALSO RN0WN AS THE "SAN BERNARDINO COUNTY CODE ", INCLUDING ANY APPLICABLE GENERAL PLAN, PROVIDING FOR AMENDMENTS AND ADDI TIONS THERETO AND DELETIONS THEREFROM PROVIDING FOR THE IMPOSITION OF PENALTIES FOR THE VIOLATION THEREOF, PROVIDING FOR THE PAYMENT OF FEES PURSUANT THERETO AND DECLARING THE URGENCY THEREOF. City Manager, Mr. Wasserman, read the title. Mr. Dougherty explained the purpose of the ordinance which is to continue in effect certain portions of the County Code as the ordinances of the City for a period as long as the City Council desires.Portions can be changed as desired by a new ordinance. Portions have been deleted because they relate entirely to the county, out of date, etc. Recommendation would be to have the City Council adopt the County Code by reference. Motion: Moved by Palombo, seconded by Schlosser to waive the entire reading. The motion unanimously carried. Mr. Dougherty also commented that the County Code did not provide for a General Plan that was applicable to the city. However, there was a Government Code Section 65302.5 which allows a city to operate for 30 months while preparing its own General Plan. Discussion followed over zoning and design standards. Motion: Moved by Palombo, seconded by Mikels to adopt the County Code, (ordinance No. 17). The motion unanimously carried. City Council Minutes March 29, 1978 Page 2 ORDINANCE ORDINANCE NO. FOR CONTROL OF GROWTH AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING INTERIM DEVELOPMENT (First Reading) REVIEW PROCEDURES FOR SUBDIVISION APPLICATIONS, AND DECLARING THE URGENCY THEREOF. Motion: Moved by Palombo, seconded by Schlosser to waive [he enentire reading. The motion unanimously carried. The attorney explained that this ordinance was a substitution for County Ordinance 2179. The purpose is to control the rate of development so as to key it to the availability of certain critical services and facilities. The concern is primarily with the rate of residential development. It was felt that both industrial and commercial development were a necessary development for the city. Discussion followed. Motion: Moved by Palombo, seconded by West to adopt ordinance (No, 18). The motion unanimously carried. ORDINANCE FOR ORDINANCE NO. REVIEW OF BUSINESS S AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, MANUFACTURING CALIFORNIA, PROVIDING FOR DIRECTOR'S REVIEW FOR USES CERTAIN BUSINESS AND MANUFACTURING USES, AND DECLARING THE URGENCY THEREOF. (First Reading) This was an added item that was not on the agenda. Therefore, it was read in full by City Manager, Mr. Wasserman. Discussion followed. Motion: Moved by Palombo, seconded by Schlosser to adopt ordinance (No. 19). The motion unanimously carried. CONSENT The purpose of a Consent Calendar was explained to the public. CALENDAR The items to be approved were as follows: Tract 9224: Performance Bond (Water) in the amount of $17,000 to C/D Development Company. Tract 6846: Performance Bond (Sewer) in the amount of $40,000 and Performance Bond (Water) in the amount of $64,000 to Griffin Development Company. Tract 8956: Performance Bond (Sewer) in the amount of $14,000 and Performance Bond (Water) in the amount of $29,000 to Lewis Homes of California. Tract 9254: Performance Bond (Sewer - Onsite) in the amount of $32,000, Performance Bond (Sewer - Offsite) in the amount of $10,000 and Performance Bond (Water) in the amount of $36,000 to Walton /Lindstrum -Alta Loma. Tract 9080: Performance Bond (Water) in the amount of $38,000 to Griffin Development Company. Tract 8922: Performance Bond (Water) in the amount of $17,000 to Lewis Homes of California. Tract 9015: Performance Bond (Water) in t;.j amount of $50,000 and Performance Bond (Sewer) in the mount of $57,000 to Crowell /Leventhal, Inc. Tract 9116: Performance Bond (Water) in the amount of $26,000 to Gary G. Miller, et al. Tract 9256: Performance Bond (Sewer) in the amount of $33,000 and Performance Bond (Water) in the amount of $51,000 to Griffin Development Company. Tract 8935: Performance Bond (Sewer) in the amount of $20,000 and Performance Bond (Water) in the amount of $24,000 to Lewis Homes of California. CONSENT CALENDAR (continued) BERYL AVENUE RECONSTRUCTION ACCEPT: NCE OF INSTRUMENT OF CREDIT - M.S. 77 -0534 City Council Minutes March 29, 1978 Page 3 Tract 9320: Performance Bond (Water) in the amount of $47,000 to Lewis Homes of California. Tract 9287: Performance Bond (Sewer) in the amount of $41,000 and Performance Bond (Water) in the amount of $40,000 to Crowell/ Leventhal, Inc. Tract 9226: Performance Bond (Sewer- Onsite) in the amount of $23,000, Performance Bond (Sewer - Offsite) in the amount of $7,000 and Performance Bond (Water) in the amount of $35,000 to Walton Associated Companies dba Walton Construction Corp. Tract 9352 -1: Performance Bond (Sewer) in the amount of $24,000 and Performance Bond (Water) in the amount of $39,000 to Inco Homes, Inc. Tract 9212: Performance Bond (Water) in the amount of $21,000 to Prado Woods Corporation, et al. Tract 9035: Performance Bond (Sewer) in the amount of $23,000 and Performance Bond (Water) in the amount of $31,000 to Crowell /Leventhal, Inc. Tract 9036: Performance Bond (Sewer) in the amount of $14,000 and Performance Bond (Water) in the amount of $18,000 to Crowell /Leventhal, Inc. Tract 9083 -4: Performance Bond (Sewer) in the amount of $21,000 and Performance Bond (Water) in the amount of $28,000 to John C. Meets, Inc. S.efer claim of John L. Oskins, Jr. for $410.00 to City Attorney. Refer claim of Gregory James Hayhurst for $3,000,000.00 and Shirley Hall for $300,000.00 to the City Attorney. Motion: Moved by Palumbo, secorded by Schlosser to approve the items on the consent calendar. The motion was unani- mously carried. The reconstruction of Beryl Avenue was on the March 15 agenda. Because of the urgency in repairing the street, and since it was not approved at the last meeting, it was again before the Council for consideration. Mr. Sho -.c, acting Citv Engineer, presented a proposal for the repairing of Beryl with the aid of a diagram. He explained how they proposed to repair Beryl. It was announced that on March 28 Congressman Jim Lloyd, Senator Plan Cranston, Supervisors Townsend and Kamansky were out to inspect the Beryl Avenue problem. It is expected that we will receive federal funds to help in the cost of repairing Beryl Avenue. Discussion followed regarding the Demons Channel, water flow, and whether some contractors would be helping with the recon- struction. costs. Motion: Moved by Schlosser, seconded by Palombo to approve the reconstruction of Beryl Avenue. r. Shone presented the request of accepting an instrument of credit and agreement from Vernon 5 June Brashest in the amount of $2,793,96. notion: Moved by Mikels, seconded by Palombo to accept an instrument of credit from Vernon d June Brashest. The motion unanimously carried. City Council Minutes March 29, 1978 Page 4 TRAFFIC The Traffic Committee report was introduced at the March 15 COMMITTEE REPORT meeting, to he put on the next agenda for approval. The items (approval of) and action taken are as follows: a. Reduction of speed on Baseline from 45 mph to 35 mph. Discussion followed from the Council. It was decided to have Mr. Shone bring a map showing the area in question for the April 5 meeting. Action will be taken at that meeting. b. The Traffic Committee recommended installing a traffic light at Baseline at Carnelian. Motion: Moved by Palombo, seconded by Schlosser to approve the installation of the traffic lights at Baseline at Carnelian. The motion was unanimously carried. C. Request for a through highway and speed zone on Jasper from 19th Street north to Banyon Street. It was explained that this would be only for a short time (the 55 mph maximum speed limit) since this area will soon be completely developed and will have an automatic 25 mph. This was received and filed by the City Council. d. Establish Summit Avenue as a through highway from Etiwanda Avenue east to Duncan Canyon Road and to establish Duncan Canyon Road as a through highway from Summit Avenue east to Citrus Avenue. Motion: Moved by Palombo, seconded by Schlosser to establish Summit Avenue as a through highway as presented. Motion unanimously carried. BERYL AVENUE One bid had been received which was 66% above the BETWEEN ALTA LOMA engineer's estimate, therefore, Mr. Shone recommended DRIVE S 19TH STREET that we reject this bid. We will again solicit bids. Motion: Moved by Schlosser, seconded by Palombo to reject bid from Sully- Miller Contracting Company. MEMO FROM SCAG SCAG was soliciting members to join one of four committees. Mikels, our representative to SCAG was asked to respond. He said this was for members of SCAG, and he himself had responded that he would like to be on the Planning Development and Economic Committee. There were just so many openings, and sometimes many more respond than is needed. At the time he did not know if he had been selected for this committee or not. LEGISLATIVE Mr. Wasserman explained that these came in regularly, and in BULLETIN FROM the future he would put things of this type in their boxes LEAGUE OF CITIES instead of on the agenda. When the Council received their bulletin, if there were an issue they wished to discuss at Council, just notify City Hall and it would he put on the next agenda. Also, any controversial issue would be put on the next agenda. COMMENTS FROM Palombo introduced a Social Action Program from the Bassett - COUNCIL Barrio Council. It is a CETA funded program with a purpose of bringing in a social program for the under privileged. This would be put on the April 5 agenda for further discussion. City Council Minutes March 29, 1978 Page 5 COMMENTS FROM Schlosser commented that two Chambers had been working on the COUNCIL business license ordinance and would be making recommendations (continued) to the Council at the April 5 meeting. The mayor introduced LAFCO and the two projects that had opened up. Discussion followed. Mr. Wasserman pointed out that this was very time consuming. ADJOURNMENT There being no further discussion, it was moved by Palombo, seconded by Mikels to adjourn. The motion was unanimously carried. The meeting was adjourned at 9:17 p.m, to a regular meeting to be held on April 5, 1978 at 7:30 p.m. AN OPEN FORUM ON LAW ENFORCEMENT LED BY CAPTAIN WICKUM FOLLOWED THE SPECIAL MEETING OF THE CITY COUNCIL ON MARCH 29, 1978. Respectfully submitted, &Vu� 11ivlldi Beverly Authelet Deputy City Clerk