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HomeMy WebLinkAbout2000/06/07 - Agenda PacketCITY ,,OF RAN C H,O~ GUCAM O N GA :10500 Civic Center. Drive Rancho CuCamonga':]3A 91730 City Office: (909) 477-2700 5:30 p.m. 7:00 p.m. AGENDAS r' REDEVELOPMENT AGENCY ," CITY COUNCIL REGULAR MEETINGS: IsT and 3rd Wednesdays, 7:00 p.m. June 7, 2000 A.qencv, Board & City Council Members William J. Alexander ....................Mayor Diane Williams ...............Mayor Pro Tem Paul Biane ...............................Member James V. Curatalo .....................Member Bob Dutton ..............................Member Jack Lain .........................City Manager James L. Markman .............City Attorney Debra J. Adams .....................City Clerk ORDER OF BUSINESS Closed Session ................................. Tapia Conference Room Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting ....... Council Chambers Regular City Council Meeting ......................Council Chambers City Council Agenda June 7, 2000 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. A. CALL TO ORDER 1. Roll Call: Alexander Biane Curatalo__ Dutton , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation to the Hillside Community Church recognizing their efforts in organizing the "Soapbox 2000 and Mega Fun Play Day." C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: May 3, 2000 May 16, 2000 (Special Meeting) May 17, 2000 2. Approval of Warrants, Register Nos. 5/10/00 and 5/17/00 and Payroll ending 5/11/00 for the total amount of $2,553,538.57. 3. Approval of a Resolution to certify the results of the Special Community Facilities District Election held in the City of Rancho Cucamonga on May 9, 2000. RESOLUTION NO. 00-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL COMMUNITY FACILITIES DISTRICT ELECTION HELD IN THE CITY OF RANCHO CUCAMONGA, ON MAY 9, 2000, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF THE LAW 1 12 13 City Council Agenda June 7, 2000 4. Approval of authorization for the replacement purchase of five (5) fleet vehicles from local dealerships to be selected through comparative off- the-lot pricing, not to exceed the amount of $98,000.00, funded from Fund 72-4225-7045 and $33,500.00 from Account 142-4451-7045. 5. Approval of a request to make a determination of Public Convenience or Necessity 00-03 (PCN), Chevron, for the transfer of an existing Alcohol Beverage Control License (Off-Sale General) for a remodeled Chevron service station with convenience store, located at the southwest corner of Carnelian Avenue and Base Line Road - APN: 207-022-41 RESOLUTION NO. 00-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE LICENSE FOR A SERVICE STTION AND CONVENIENCE STORE LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND CARNELIAN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-022-41 Approval of a request to make a determination of Public Convenience or Necessity 00-01 (PCN), Ultramad, for the issuance of a Type 20 Alcohol Beverage License (Off Sale Beer and Wine) for a gas station/mini-market, located at the northwest corner of Archibald Avenue and San Bernardino Road - APN: 208-131-25 and 32. Related File CUP 00-05. RESOLUTION NO. 00-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHQ CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE NORTHWEST CORNER OF SAN BERNARDINO ROAD AND ARCHIBALD AVENUE - APN: 208-131-25 AND 32 20 21 30 32 37 City Council Agenda June 7, 2000 Approval of a request to make a determination of Public Convenience or Necessity (PCN), Kaur - D.J. Market and Cheap Smoke, for the issuance of a Type 20 and 21 Alcohol and Beverage License (Off Sale Beer and Wine and Distilled Spirits) in a mini-market/liquor store in a leased space of 1,925 square feet of an existing shopping center in the Community Commercial designation of the Foothill Boulevard Specific Plan (Subarea 3), located at 9849 Foothill Blvd., Suite C - APN: 208- 301-16. Related File: CUP 00-06. RESOLUTION NO. 00-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE LICENSE FOR A MINI-MARKET/LIQUOR STORE, IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA E), LOCATED AT 9849 FOOTHILL BOULEVARD, SUITE "C," AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-301-16 8. Approval of acceptance of $10,000 from the Friends of the Rancho Cucamonga Public Library and approval to appropriate $5,000 into the Library Expenditure Account. 9. Approval of acceptance of $20,000 donation from the Rancho Cucamonga Public Library Foundation to appropriate $20,000 into the Library Expenditure Account. 10. Approval of light variance request for All-Star Tournament hosted by Alta Loma Little League, Citrus Little League and Deer Canyon Little League on July 1-August 10, 2000, at Heritage Park. 11. Approval of a Resolution Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6 for DR 99-69. located at the nodhwest corner of 9th Street and Hellman Avenue, submitted by Robert Gibbs. RESOLUTION NO. 00-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-69 39 41 49 50 56 City Council Agenda June 7, 2000 4 12. Approval of Maps, Improvement Agreement, Improvement Securities, Interim Basin Maintenance Agreement and Ordering the Annexation to Street Light Maintenance Districts No. 1 and 8 for Tract Maps Number 15711-1 and 15711-2, located north of Foothill Boulevard, east of Etiwanda Avenue, south of Interstate 15 Freeway and west of East Avenue, submitted by RC Homes, LL. RESOLUTION NO. 00-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAPS NO. 15711-1 AND 15711-2, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND INTERIM BASIN MAINTENANCE AGREEMENT RESOLUTION NO. 00-097 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 8 FOR TRACT MAPS 15711-1 AND 15711-2 Approval of Map, Improvement Agreement, Improvement Security, Interim Basin Maintenance Agreement and Ordering the Annexation to Street Light Maintenance Districts No. 1 and 8 for Tract Map Number 15912, located at the southwest corner of East Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Ryland Homes. RESOLUTION NO. 00-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NO. 15912, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND INTERIM BASIN MAINTENANCE AGREEMENT RESOLUTION NO. 00-099 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICTS NO. 1 AND 8 FOR TRACT MAPS NUMBER 15912 14. Approval of Improvement Agreement Extension for Tract 14207, located at Wilson Avenue, west of Beryl, south of Heritage, submitted by H & W Concordia RC-28, LLC. 61 64 65 75 76 City Council Agenda June 7, 2000 RESOLUTION NO. 00-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14207 15. Approval and authorization of execution of the Contract (00-035) in the amount of $483,277.53 ($439,343.21, plus 10% contingency) for the construction of East Avenue and Victoria Street Improvements, to be apparent low bidder, All American Asphalt, to be funded from Account No. 22-4637-9917. 16. Approval to accept the Metrolink Corridor Beauti~cation Project, Contract No. 99-090 as complete, release the bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $241,625.17. RESOLUTION NO. 00-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE METROLINK CORRIDOR BEAUTIFICATION PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval and execution of a Cooperative Agreement between the State of California (State), the San Bernardino County Transportation Authority (Authority), and the City of Rancho Cucamonga (City) for construction of Segment 3 of State Route 210 (30) in the City of Rancho Cucamonga, California RESOLUTION NO. 00-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINQ COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANCHO CUCAMONGA (CITY) FOR CONSTRUCTION OF SEGMENT 3 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA 83 86 90 91 92 94 City Council Agenda June 7, 2000 6 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act them upon at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. NoltemsSubmitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. APPEAL OF DEVELOPMENT REVIEW 99-72 - RYLAND HOMES - The appeal of the Planning Commission's approval of the design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8) dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific Railroad right-of-way. APN: 227-131-05 and 227-141- 11 and 12. Related File: Variance 99-11. RESOLUTION NO. 00-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING DEVELOPMENT REVIEW 99-72 THE APPEAL OF THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR 78 HOMES WITHIN TENTATIVE TRACTS 15911 AND 15912 IN THE LOW- MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVE. AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF- WAY -APN: 227-131-05 AND 227-141-11 & 12 APPEAL OF VARIANCE 99-11 - RYLAND HOMES - The appeal of the Planning Commission's approval of a request to construct perimeter tract walls up to approximately 17 feet high where a maximum height of 6 feet is permitted for freeway noise mitigation purposes for Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific right-of- way. APN: 227-131-05 and 227-141-11 and 12. Related File: Development Review 99-72. 96 218 96 City Council Agenda June 7, 2000 RESOLUTION NO. 00-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING VARIANCE NO. 99-11 TO ALLOW WALLS UP TO APPROXIMATELY 21 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF SIX FEET IS ALLOWED, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RIGHT-OF-WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 AND 227-141-11 AND 12. 221 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. CONSIDERATION OF FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 9 FOR TRACTS 15911 AND 15912, LOCATED NORTH OF BASE LINE ROAD ON BOTH SIDES OF EAST AVENUE, SUBMITTED BY RYLAND HOMES, AND FOR TRACTS 15711-1 AND 15711-2, LOCATED NORTH OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, SOUTH OF THE INTERSTATE 15 FREEWAY AND WEST OF EAST AVENUE, SUBMITTED BY RC HOMES RESOLUTION NO. 00-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF ASSESSMENT BALLOT TABULATION, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 9, ORDERING WORK THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN 224 227 City Council Agenda June 7, 2000 8 H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 00-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 00-107 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) CONSIDERATION OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1 (MASI PLAZA), AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD, DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 00-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS 231 233 241 243 250 252 City Council Agenda June 7, 2000 9 CONSIDERATION TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 00-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2000-2001 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS CONSIDERATION TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITHOUT AN INCREASE TO THE CURRENT RATE RESOLUTION NO. 00-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) 254 256 267 269 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. City Council Agenda June 7, 2000 10 L. ADJOURNMENT MEETING TO ADJOURN TO MONDAY, JUNE 12, 2000, 5:30 P.M. FOR A WORKSHOP TO DISCUSS THE PROPOSED 2000/2001 BUDGET, LOCATED AT 10500 CIVIC CENTER DRIVE IN THE TRI-COMMUNITIES CONFERENCE ROOM. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 1, 2000, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. May 3, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 3, 2000, in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor Wdliam J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willjams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the item to be discussed in closed session. CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER, AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEM ONLY No one was present to comment on the closed session item listed above, Closed session began at 5:33 p.m. CONDUCT OF CLOSED SESSION E. RECESS THE CLOSED SESSION RECESSED AT 6:50 P.M. TO THE REGULAR CITY COUNCIL MEETING TO BEGIN AT 7:00 P.M. THIS DATE IN THE COUNCIL CHAMBERS AT CITY HALL, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA. NO ACTION WAS TAKEN IN CLOSED SESSION. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting City Council Minutes May 3, 2000 Page 2 A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, May 3, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:02 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Craig Fox, Deputy City Attorney; Lorraine Phong, Information Systems Analyst; Rick Gomez, Community Development Director; Brad Buffer, City Planner; Larry Henderson, Principal Planner; Joe O'Neil, City Engineer; Walt Stickney, Associate Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Jodi Sorrell, Marketing Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Jim Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation declaring Business Appreciation Week - May 15 - 20, 2000. Mayor Alexander presented the Proclamation to Norm McKenzie of the Chamber of Commerce. B2. Mayor Alexander announced that the City Council would like to publicly congratulate State Senator Jim Brulte on his recent appointment as the new Republican Minority Leader. B3. Councilmember Williams stated she and representatives from other cities went to Sacramento for hearings on fiscal reform. She thanked Senator Nell Soto for her support and for fighting for cities. She continued to urge the residents to send letters to their legislators telling them not to take away the City's sales tax revenue. C. COMMUNICATIONS FROM THE PUBLIC C1. Gary Kendrick of Rancho Cucamonga stated the City Park election is coming up on Tuesday. He felt this was a Mello Roos. He talked about the campaign contributions from Lewis Homes and the Bond Counsel for the City, alluding there was foul play amongst the politicians. He hoped when this fails on Tuesday that the Council would not bring it back again. Councilmember Williams stated she was offended by the comments Mr. Kendrick was making. She felt he was inferring something that was criminal - politically speaking. She felt the contributions were coming from the people that would benefit from the park. C2. John Lyons of Eitwanda stated he supports Central Park. He felt the parks have helped to keep Rancho Cucamonga one of the safest cities in the United States. He urged everyone to vote in favor of this measure. He continued to talk about the amenities that the park would have. He talked about the California Speedway event last Sunday and the traffic problem that it created in Rancho Cucamonga. He asked if someone could be done to open up Rochester. City Council Minutes May 7, 2000 Page 3 Item C3. Jerry Guarracino stated the Central Park Committee has filed all of their paperwork properly. He stated they did this to comply with the law. He wanted to let everyone know how important the park is and how well done it will be. He stated there are no fees to be charged to get into the park. He asked people to vote yes for Measure J. C4. Jim Frost, City Treasurer, talked about the early years of Rancho Cucamonga and when the General Plan was developed. He hoped the voters would realize the importance of Central Park and urged everyone to vote yes. D. CONSENT CALENDAR D1. Approval of Minutes: April 5, 2000 D2. Approval of Warrants, Register Nos. 4/12/00 and 4/19/00 and Payroll ending 4~9~00 for the total amount of $1,463,082.44. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Banyan Street at Fredericksburg Avenue Traffic Signal and Widening Improvements, to be funded from Account No. 22-4637-****. RESOLUTION NO. 00-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BANYAN STREET AT FREDERICKSBURG AVENUE TRAFFIC SIGNAL AND WIDENING IMPROVEMENTS" IN SAID CITY AND DIRECTING THE CITY CLERK TO ADERTISE TO RECEIVE BID D4. Approval to appropriate funds received from the National Recreation and Park Association and the National Football League Charities for a grant in the amount of $1,000 to develop and implement a Youth Football Program. (FY 1999-2000). D5. Approval to appropriate funds received from the Public Health Foundation Enterprises, Inc.. Tri- County South Regional Tobacco Control Coalition, for a grant in the amount of $3,300 for the development and implementation of a Tobacco Free Track and Field Meet. D6. Approval to appropriate the amounts of $174,060, $195,000 and $22,500 in the Computer Equipment Replacement Fund Account Numbers 74-4225-3950 (Computer Software), 74-4225-6028 (Contract Services) and 74-4225-7047 (Computer Equipment), respectively, to fund the contracts previously awarded to Tidemark Computer Systems, Inc. (CO 00-024); Computerland (CO 00-025); and AEF Systems (CO 00-026). D7. Approval of a Community Facilities District Reimbursement Agreement with Catellus Development Corporation (CO 00-027). D8. Approval of a Professional Services Agreement with Brown, Diven and Hesseft (CO 00-028) for Bond Counsel services in conjunction with a proposed Community Facilities District (Catellus) in an amount not to exceed $10,000 for formation services and not to exceed $23,500 for Debt Issuance services. To be funded by the project developer. City Council Minutes May 3, 2000 Page 4 D9. Approval of a Professional Services Agreement with Fieldman Rolapp & Associates (CO 00-029) for Financial Advisor services in conjunction with a proposed Community Facilities District (Catellus) in an amount not to exceed $13,000 for formation services and not to exceed $31,500 for Debt Issuance Services. To be funded by the project developer. D10. Approval of Agreement between the City of Rancho Cucamonga and Pop Warner Football (CO 00-030) for reimbursement of acquisition and installation of two scoreboards at Etiwanda Creek Park. Dll. Approval of an agreement with the County of San Bernardino, Department of Aging and Adult Services (CO 00-031) for a California Department of Aging grant in the amount of $3,000 for senior citizen recreation services (FY 2000-2001 ). D12. Approval to release Faithful Performance Bond No. 415737S in the amount of $384,543.00 for Parcel Map 14022, located on the northwest corner of Foothill Boulevard and Rochester Avenue. D13. Approval to accept the Carnelian Street Curve Realignment and Storm Drain Project, Contract No. 99-065, as complete, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $745,049.88. RESOLUTION NO. 00-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CARNELIAN STREET CURVE REALIGNMENT AND STORM DRAIN PROJECT, AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Dutton, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar. No Items Submitted. E. CONSENT ORDINANCES F. ADVERTISED PUBLIC HEARINGS Jack Lam, Ci~ Manager, announced items F1, F2 and F3 would be considered at one time. F1. CONSIDERATION OF THE RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2, 3, 4, 5, 6, 7 AND 8 (FY 2000/2001). NO INCREASE OF ASSESSMENT RATE IS PROPOSED. Staff report presented by Walt Stickney, Associate Engineer. RESOLUTION NO. 00-071 City Council Minutes May 7, 2000 Page 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICTS NOS, 1, 2, 3, 4, 5, 6, 7 AND 8 FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 F2. CONSIDERATION OF THE RESOLUTION FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 (FY 2000/2001). NO INCREASE OF ASSESSMENT RATE IS PROPOSED. Staff report presented by Walt Stickney, Associate Engineer. RESOLUTION NO. 00-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICTS NOS. 1, 2, 3A, 3B, 4, 5, 6, 7 AND 8 FOR FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 F3. CONSIDERATION OF THE RESOLUTION FOR THE LEVY AND COLLECTION OF THE ANNUAL ASSESSMENTS WITHIN PARK AND RECREATION IMPROVEMENT DISTRICT (PD-85) (FY 2000/2001). NO INCREASE OF ASSESSMENT RATE IS PROPOSED. Staff report presented by Walt Stickney, Associate Engineer. RESOLUTION NO. 00-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO LEVY AND COLLECT ASSESSMENTS WITHIN THE PARK AND RECREATION IMPROVEMENT DISTRICT NO. PD-85 (HERITAGE AND RED HILL COMMUNITY PARKS) FOR THE FISCAL YEAR 2000/2001 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Councilmember Biane complimented staff on their work to keep the cost down once again this year. MOTION: Moved by Biane, seconded by DuEton to approve Resolution No, 00-071. Motion carried unanimously 5-0, MOTION: Moved by Biane, seconded by Alexander to approve Resolution No. 00-072. Motion carried unanimously 5-0. MOTOIN: Moved by Willjams, seconded by DuEion to approve Resolution No. 00-073. Motion carried unanimously 5-0. City Council Minutes May 3, 2000 Page 6 F4. CONSIDERATION OF THE CONSOLIDATED PLAN AND THE ANNUAL ACTION PLAN - The review of the federally required 2000-2004 Consolidated Plan and the 2000-2001 Annual Action Plan, including the selection of projects for the 2000-2001 Community Development Block Grant (CDBG) program, based on a grant of $960,000 in new CDBG funds, reprogramming $69,850.50 in prior year funds, and programming $21,130.25 in program income. Staff report presented by Larry Henderson, Principal Planner. Councilmember Willjams stated with the demands for this amount of money, it was a tough job for staff to complete this project. Larry Henderson, Principal Planner, stated with the previous policy the City Council had established, it helps to make staffs job easier. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Lynda Shostock, Project Sister, stated they were not recommended for funding even though they have been in previous years. She stated they service people in Rancho Cucamonga. She talked about what their organization does. She asked for the Council to assist them financially so they can continue to do what they do to help people. There being no further comments, the public hearing was closed. Councilmember Biane asked which previous year was Project Sister part of this funding program. Larry Henderson, Principal Planner, stated they have not received previous CDBG funds and that staff considers this a new program for this application. Mayor Alexander suggested staff look at other ways to help them out and that possibly it would not be CDBG money, but possibly from another source. Councilmember Williams agreed and felt this was a worthwhile project. MOTION: Moved by Curatalo, seconded by Biane to approve the plan as submitted. Motion carried unanimously 5-0. No Items Submitted. G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS H1. UPDATE REGARDING FESTIVAL 2000 FAMILY ENTERTAINMENT SERIES EVENTS SCHEDULEDIN THE RANCHO CUCAMONGA EPICENTER FROM MAY THROUGH AUGUST Staff report presented by Jodi Sorrell, Marketing Manager. ACTION: Report received and filed. City Council Minutes May 7, 2000 Page ? H2. CONSIDERATION OF CITY CO-SPONSORSHIP OF THE INLAND VALLEY DAILY BULLETIN ALL STAR GAME AT THE RANCHO CUCAMONGA EPICENTER STADIUM ON JUNE 8 (PRACTICE) AND JUNE 9, 2000 (GAME DAY) Staff report presented by Kevin Mc Ardle, Community Services Director. MOTION: Moved by Curatalo, seconded by Dutton to approve the agreement. Motion carried unanimously 5-0. No Items Submitted. I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Wdliams stated she would like a report to come back on ice cream truck regulations from the State level. She told about a purchase of a toy gun from one of the ice cream trucks. J2. Councilmember Biane stated he would like information on the closure of Rochester during an event at the stadium. Councilmember Williams stated she agreed that the whole picture needs to be looked at. K. COMMUNICATIONS FROM THE PUBLIC K1. Jerry Guarracino thanked the Council for having the courage to put the Central Park Measure J on the ballot. He stated he would be happy to answer any questions from the public about this. L. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 7:51 p.m. Respectfully submitted, Appreved: * Debra J. Adams, CMC City Clerk May 16, 2000 CITY OF RANGHe CUCAMONGA CITY COUNCIL MINUTES Special Meeting A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Tuesday, May 16, 2000, convening in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga. The meeting was called to order at 10:40 a.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane (arrived in Brea for the tour at 11:15 a.m.), James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Linda Daniels, RDA Director; Jan Reynolds, RDA Analyst; Rick Gcmez, Community Development Director; and Kevin McArdle, Community Services Director. B. ITEM OF BUSINESS B1. FIELD TRIP TO THE CITY OF BREA TO VISIT THEIR DOWNTOWN RETAIL PROJECT The City Council and staff left by van at 10:40 a.m. to visit the downtown retail project area within the City of Brea. Councilmember Biane joined the group, and the tour of the retail project area began at 11: 15. The van departed the City of Brea at 1:30 p.m. and ardved in Ranche Cucamenga at 2:10 p.m. No communication was made from the public, COMMUNICATIONS FROM THE PUBLIC The meeting adjourned at 2:10 p.m. D. ADJOURNMENT Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk May 17, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, May 17, 2000, in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:35 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; and George Rivera, Administrative Services Manager, B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor William J. Alexander announced the item to be discussed in closed session. B1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER, PAMELA EASTER, DEPUTY CITY MANAGER. AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. - CITY & FIRE C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS ONLY No one was present to comment on the closed session item listed above. Closed session began at 5:37 p.m. CONDUCT OF CLOSED SESSION E. RECESS THE CLOSED SESSION RECESSED AT 6:45 P.M. TO THE REGULAR FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA. NO ACTION WAS TAKEN IN EXECUTIVE SESSION. City Council Minutes May 17,2000 Page 2 CITY OFRANCHO CUCAMONGA CITY COUNCILMINUTES Regular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga Citty Council was held on Wednesday, May 17, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was calted to order at 7:06 p.m. by Mayor William J. Alexander. Present were Counci[members: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Cathy Wahlstrom, RDA Analyst; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Sid Siphomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Lieutenant David Lau, Police Department; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation by Hillside Community Church regarding the 2000 Soapbox Derby and Mega-Play Day Scheduled for May 29, 2000 at the Rancho Cucamonga Epicenter and Adult Sports Complex. Pastor Dave Burns from the Hillside Community Church asked for the City's support in their event to take place on May 29 at the Epicenter. He showed a video and invited the Council and the community to attend this event. B2. Presentation of a Proclamation declaring the week of May 21 - 27, 2000, as "National Public Works Week." Mayor Alexander presented the Proclamation to staff of the Public Works Division. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons of Etiwanda stated he is a supporter of Central Park and hoped that one day Central Park would be built. He thanked the Council for putting this issue on the ballot and felt this was the "great American Way". C2. Linda McConnell, Center Avenue, thanked the people who worked to fight Measure J. She felt the "little people" won. She felt the people of the City have been ignored as to how they want their City Council Minutes May 17, 2000 Page 3 money spent. She stated the silent majority is tired of what the City is doing and they want to let the Council know what they think. C3. Douglas Pure stated he attended the hearing on February 2 and felt the people are not being listened to. He felt there were cheaper ways to put in a park. He felt the special election was only to get out the special interest groups to vote for it. C4. Malon Sampson, Calico Court, stated there is a report called "Exponet" that the Council should have a copy of which talks about the debris basin. He added there are people in Haven View that would like to get together with the Council to talk about this report. C5. Maurene Sampson, Haven View Estates, read from an article written by Robert Kirby of the Wallstreet Journal who stated he did not think the debris basin was large enough. She stated Mr. Kirby stated he felt homes, schools, etc., were in danger, She continued to inform the Council that Mr. Kirby is willing to speak to the Council about this. C6. Fred Baldau referred to information from the L.A. County Department of Public Works and the San Bernardino County Flood Control District which pertained to the debris basin and flood control channel. Jack Lam, City Manager, stated when this information was delivered it was referred to the appropriate agency for their input and reaction. D. CONSENTCALENDAR D1. Approval of Minutes: April 19, 2000 D2. Approval of Warrants, Register Nos. 4~26~00 and 5~03~00 and Payroll ending 4~27~00 for the total amount of $2,953,212.02. D3. Approval to receive and file current Investment Schedule as of April 30, 2000. D4. Approval to Authorize the Advertising of the "Notice Inviting Bids" for the Arrow Route Cross- Gutter Removal and Drainage Improvements west of Hellman Avenue, to be funded from Account No. 32-4637-9928. RESOLUTION NO. 00-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ARROW ROUTE CROSS-GUTrER REMOVAL AND DRAINAGE IMPROVEMENTS WEST OF HELLMAN AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BiDS D5. Approval to Authorize the Advertising of the "Notice Inviting Bids" for replacement of Restroom Partitions at eight City Parks, to be funded from Funds 40, 41, 43 and 47. City Council Minutes May 17, 2000 Page 4 RESOLUTION NO. 00-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF RESTROOM PARTITIONS AT EIGHT CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to Authorize the Advertising of the "Notice Inviting Bids" for Restroom Repaint at various City Parks, in the amount of $16,300 (plus 10% contingency) to be funded from Funds 40, 41, 43 and 47. RESOLUTION NO. 00-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RESTROOM REPAINT AT VARIOUS CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D7. Approval to Authorize the Advertising of the "Notice Inviting Bids" for Resurfacing of Restroom Floors in six City Parks, to be funded from Funds 40, 41, 43 and 47. RESOLUTION NO. 00-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ' CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR RESURFACING OF RESTROOM FLOORS IN SIX CITY PARKS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D8. Approval D9. Approval to adopt the amended budget for Fiscal Year 1999/2000. of League of California Cities Fiscal Reform Resolution. RESOLUTION NO. 00-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE LEAGUE OF CALIFORNIA CITIES AND THE CALIFORNIA STATE LEGISLATURE ADOPT CERTAIN GUIDING PRINCIPLES WHEN SUPPORTING AND ENACTING STATE/LOCAL FISCAL REFORM MEASURES D10. Approval of Initiation of Formation Proceedings for Landscape Maintenance District No. 9 for Tracts 15911 and 15912, located north of Base Line Road on both sides of East Avenue, submitted by Ryland Homes, and for Tracts 15711-1 and 15711-2, located north of Foothill Boulevard, east of Etiwanda Avenue, south of the Interstate 15 Freeway and west of East Avenue, submitted by RC Homes. City Council Minutes May 17, 2000 Page 5 RESOLUTION NO. 00-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND ORDERING THE PREPARATION OF AN ASSESSMENT ENGINEER'S REPORT RESOLUTION NO. 00-080 A RESOLUTION OF THE CITY COUNIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE FORMATION OF AND LEVY OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 9 RESOLUTION NO. 00-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN SUCH DISTRICT, SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEEDINGS Dll. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6, for DR 99-46, located on the southwest corner of 6t" Street and Hermosa Avenue, submitted by Cabot Industrial Properties, L.P. RESOLUTION NO. 00-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-46 RESOLUTION NO. 00-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-46 D12. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-53, located on the west side of Anaheim Place and Azusa Court, submitted by Fairway Business Centre, LLC, a California Limited Liability Company, City Council Minutes May 17, 2000 Page 6 RESOLUTION NO. 00-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-53 RESOLUTION NO. 00-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-53 D13. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-59, located on the northwest corner of 7th Street and Toronto Avenue, submitted by Oxmoor II, Inc. RESOLUTION NO. 00-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-59 RESOLUTION NO. 00-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-59 D14. Approval of License Agreement between San Bernardino Associated Governments (SANBAG) and the City of Rancho Cucamonga (CO 00-032) for the Underground Storm Drain Crossing across the SANBAG Property (Baldwin Park Branch Track), generally located at Haven Avenue 150 feet south of La Vine Street for Tract 13759 by Forecast Group L.P. RESOLUTION NO. 00-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LICENSE AGREEMENT FOR TRACT 13759 STORM DRAIN INSTALLATION AND MAINTENANCE ON SAN BERNARDINO ASSOCIATED GOVERNMENTS' PROPERTY D15. Approval of an Agreement for Installation of Public Improvement and Dedication between East Victoria Villa (CO 00-034) and the City of Rancho Cucamonga for the installation of certain public improvements along a portion of East Avenue and Victoria Street in the City of Rancho Cucamonga., D16. Approval to Accept Improvements, Release the Faithful Performance Bond, Accept a Maintenance Bond, and File a Notice of Completion for Improvements for CUP 97-03, submitted by Ralph Olivas, located at the southwest corner of San Bernardino Road and Red Hill Country Club Drive. City Council Minutes May 17, 2000 Page ? RESOLUTION NO. 00-089 A RESOLUTION OF THE CIITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 97-03 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Dutton to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENTORDINANCES No Items Submitted. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS G, PUBLIC HEARINGS G1. APPROVAL OF A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR CONSTRUCTION OF A PROPOSED STORM DRAIN ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, ACROSS PORTIONS OF A LARGER PARCEL KNOWN AS ASSESSORS PARCEL NO. 0229-041-09, BY EMINENT DOMAIN Jack Lam, City Manager, stated it is requested that this item be continued to June 7, 2000 at 7:00 p.m. in the Council Chambers, located at 10500 Civic Center Drive. RESOLUTION NO. 00-090 A RESOLUTION OF NECESSITY OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE PROPOSED STORM DRAIN PROJECT MOTION: Moved by Curatalo, seconded by Biane to continue the item to June 7, 2000, 7:00 p.m. in the Council Chambers, located at 10500 Civic Center Drive. Motion carded 4-0-0-1 (Dutton abstained). City Council Minutes May 17, 2000 Page 8 No items submitted. H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. CONSIDERATION OF CITY COUNCIL'S LIBRARY SUBCOMMITTEE'S RECOMMENDATIONS FOR TERMS EXPIRING JUNE 30m Staff report p~esented by Diane O'Neal, Assistant to the City Manager. MOTION: Moved by Biane, seconded by Dutton to approve the subcommittee's recommendation. Motion carried unanimously 5-0 13. REVIEW OF CITY REGULATIONS OF ICE CREAM TRUCKS Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Williams asked if the Senate Bill goes through does that mean having a local ordinance would be a mute point. Duane Baker, Assistant to the City Manager, stated there are some provisions, which Ontario I discussing that are not included in the State Senate Bill. He stated the State law would supersede those, but stated it wouldn't necessarily invalidate the other. Councilmember Williams stated that staff could do this accepting the state law and add to it. Duane Baker, Assistant to the City Manager, stated that was correct. Councilmember Biane wanted to thank Councilmember Williams for bringing this up and brought to everyone's attention the purpose ofdoing this is for children's safety. He felt by using what Ontario has done and what is proposed by Senator Nell Soto through legislation would accomplish this. J, IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Joseph Vasso, Haven View Estates, wanted to try to get the Mayor to sign a form so that FEMA would look into the issue of flooding, etc. up in his area. City Council Minutes May 17, 2000 Page 9 K2. Bill Hawkins, 4987 Ginger Court, stated he had met with the subcommittee of Councilmembers Williams and Biane on an item they were supposed to get back to him on, but he has not heard from anyone yet. He stated he would like an answer if he can build on this property or not. He also mentioned there is a safety concern to the families of the City because of new information that has come to light. He asked that the Council take a look at what is wrong with the position they have previously taken. He asked that the Council do what is right for its residents. He also asked that the Mayor step down and resign or there could be a recall. Joe O'Neil, City Engineer, stated Mr. Hawkins was told by the subcommittee that he could build on his property. Mr. Hawkins stated he was told they would have to do a General Plan Amendment and that they would get back to him. He stated he is not going to do a General Plan Amendment. James Markman, City Attorney, stated he told Mr. Hawkins at the meeting that he wanted to investigate it further to see if a General Plan Amendment is needed or not. He stated he felt there was confusion at the end of the meeting that needed to get straightened out. K3. John Allday, Lauren Development, felt it was wrong for a certain group of residents to threaten the City Council and Mayor with a recall. He felt the latest allegations will be proven wrong and his project will be built. James Markman, City Attorney, stated there is still evidence to support their decision they have made. He stated there is a moratorium ordinance ready if it is felt this area is unsafe. He told the Council they have to consider public safety. He stated everyone takes all of these things seriously. He stated the new information was immediately sent out to the other agencies for verification of what was in the report. Councilmember Dutton stated he knows for a fact that the new information was acted upon immediately and sent to the appropriate parties because he was there when it came in and saw action immediately being taken by staff. Mayor Alexander asked Mr. Markman where the existing lawsuits are. James Markman, City Attorney, stated two or three have been settled through the Court of Appeals and won by the City. He stated the fourth case is still waiting for a decision. Councilmember Biane asked who pays for all of these legal fees. James Markman, City Attorney, stated the first $175,000 to $200,000 was paid by the City and then the developer started picking up the rest of the fees. He added the total cost right now is approximately $725,000. He added the outcome of the lawsuits shows the decision the Council made in the past is correct. Ci~ CounciiMinutes May 17,2000 Page 10 L. ADJOURNMENT MOTOIN: Moved by Biane, seconded by Williams to adjourn to a budget workshop to occur on Monday, June 5, 5:30 p.m. in the Tri Communities Room of the Civic Center. Motion carried unanimously 5-0. The meeting adjourned at 8:19 p.m Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk °" CITY OF RANCHO CUCAMONGA LIST OF MARRANTS FOR PERIOD: 05-10-00 C99100) RUN DATE: 05/10/00 PAGE: VENDOR NAME ITEM DESCRIPTION IARR NO HARRo ANT. ~0 CHECKt OVERLAP 5686 FRANE RATE CHANELEDN TELEVISION SYSTEM 151112~ 1,430o00- <(( 151113 - 151404 32436 MAC KAY, PAMELA RECREATION 151405 100o00- <<< 151406 - 151530 5956 1007 SOCCER RECREATION SUPPLIES 151531 96,98 ((( 151532 - 151532 ))) 10 A & R TIRE SERVICE VEHICLE MAINTENANCE I 151533 5,070.11 21973 A-X SHELL AUTO CARE BUSINESS LICENSE REFUND 151534 36,54 1098 A.Go ENGXNEERINGI XNCo PROFESSIONAL SERVICES I 151535 19295°30 I AA EOUZPNEN1 RENTALS COB, XNCo VEHICLE HAXNTENANCEISUPPLXES 151536 185o77 6271 ABBEY EVENTS SERVICES RECREAIZON SUPPLIES 151537 490°00 2732 ADC LOCKSNZTHS MAINTENANCE SUPPLIES I 151538 670.47 7 AOLETRONZCS MAINTENANCE SUPPLIES 151539 11,64 21976 ABTS SECURITY COMPANY BUSINESS LICENSE REFUND 151540 9°00 6610 ABUNDANT LIVING FAMILY CHURCH RECREATION REFUNO I 151541 2w673o83 4347 ACCURATE SMOG, AUTO, TRUCK & VEHICLE MAINTENANCE/SUPPLIES 151542 203.88 5231 AEF SYSTEMS CONSULTING, INCo PROFESSIONAL SERVICES 151543 750°00 21979 AFRICAN CULTURAL GROUP, THE RECREATION REFUND 151544 ZO0.O0 21978 ALAN, DR. FEROZ RECREATION REFUND i 151545 480°00 3448 ALL NELDZNG MAINTENANCE REPAIRS 151546 215.59 21977 ALLEN, RENA RECREATION REFUND 151547 2ZoOO 1430 AMERICAN BUSINESS FORMS DFFICE SUPPLIES I 151548 1,668o17 5658 AHERZCAN FIRST AID E SAFETY SUPPLIES I 151549 300o19 492 ANERXCAN PLANNING ASSOCIATION APA HENBERSHXP DUES I 151550 1,860o00 5409 AMERICAN PLUNBZNG PARTSMASTER, XNCo MAINTENANCE SUPPLIES 151551 211.32 5206 ANSi INCo NEISLETTER 151552 3,290o60 2693 AMTECH ELEVA10R SERVICES MONTHLY SERVICE 151553 494.68 21980 ANDERSON, BECKY DEPOSIT REFUND 151556 20O.O0 21984 ANDRENt RICK RECREATION REFUND 151555 52.50 21981 ANZURES, SYLVIA RECREATION REFUND 151556 ZZ.08 24 ARBOR NURSERY ZNC, MAINTENANCE SUPPLIES 151557 191o80 21975 ARIA LXHOUSXNE SERVICE BUSINESS LICENSE REFUND 151558 48.00 2299 ARRON TRAILER SUPPLIES NAXNTENANCE SUPPLIES 151559 16oll 6615 ART OF SAX RECREATION REFUNO 151560 400°00 6611 ARTS BUSINESS LICENSE REFUND 151561 7.60 383 AUSTXN-FOU$T ASSOCIATES, INC PROFESSIONAL SERVICES 151562 4,094o00 402 AUTO RESTORATORS VEHICLE MAINTENANCE 151563 4,305,58 4102 B ~ K ELECTRIC NHOLESALE MAINTENANCE SUPPLIES I 151564 1,635,89 21983 BAGHALe GXNA RECREATION REFUND 151565 250o00 21995 BARRIOSf MARTA RECREATION REFUND 151566 39,50 21988 BARTDLZNZ, OENISE RECREATION REFUND i 151567 55°00 33 BASELINE TRUE VALUE HARDNARD MAINTENANCE SUPPLIES 151568 24o01 6142 BASSETT-SMZTH, TERRI RECREATION REFUND 151569 Z8,60 21987 BENNETT, JENNIFER RECREATION REFUND 151570 45°00 21989 BLACKMORE, NELISSA RECREATION REFUND 151571 45,00 1247 BLAKE PAPER COol X NCo RECREATION SUPPLIES I 151572 144.94 21985 BLANCHARD, KEN RECREATION REFUND 151573 35~00 6699 BORDNE~e MARGZE INSTRUCTOR PAT 151574 ZOODO0 ((( 151575 - 151583 ))) 4369 BRODART BOOKS LIBRARY SUPPLIES 8 151586 10t789,71 21996 BRONNe JASON RECREATION REFUND 151585 39°50 CZTY OF RANCHO CUCAMONGA LEST OF MARRANTS FOR PERZOO: 05-10-00 (99/00) RUN DATE: 05110100 PAGE: 2 VENDOR NAME ZTEM DESCRZPTZON MARR NO MARRo ANT. 21591 2640 ST46 21005 ~6612 1223 21992 68 21503 6052 713 4279 5533 6464 2670 663 21586 21996 6316 6370 21976 5349 21990 85 21982 6665 .6282 105 61256 6276 6066 839 61169 6676 61250 3875 41257 6937 3364 5163 3616 61263 2349 41258 41251 61251 6014 6939 61253 BUNGEe CONNEE BURRUSO, LZSA BUSZNESS SPECZALTZES CAFE JUSTZCE CALEFORNZA STATIONERS CALSENSE CANABAL, MARTHA CENTRAL CXTXES SZGNS, ZNC. CHACONm VZVIAN CHARTER CONNUNZCATZONS CNZCK°S SPORTING GOODS XNC CETY RENTALS CLARKe DEBORAH CLAYTON GROUP SERVZCESe ZNC. COASTAL 8UZLDZHG SERVZCESe ZNCo COLTON TRUCK SUPPLY COMPUTERLAND COORS, RZNDY COOPER, NANCY CORPORATE EXPRESS DFFICE PROOUCTS CORMZN, JAMES A. CREATZON STATZON CREATEYE MANAGEMENT SOLUTZONS CRUSEe MELONEE CUCAMONGA CD MATER DZST CUNNXNGHAHe IRENE D 6 8 VZSZONS D 7 CONSULTZNG ZNC. DAN GUERRA & ASSOCZATES DELGADQ, JEANNIE DEMPSTERt KERX DEpARTNENT ZSSUE OZETERZCM ZNTERNATZONAL TRUCK DONOHOE, KAREN DOOR HARDMARE SERVICES DONNET GLASS CORPORATION DUNN-EDNARDS CORPORATION DUVALLe KAREN DYNASTY SCREEN PRiNTEND EIGHTH AVENUE GRAPHZCS ELECTR0-TESTt 1NCo EL[TE TONING ENVERONNENTAL HEALTH SERVXCES ESGXL CORPo ESQUZVELe VZCKZ JO EVOLUTXONS, LLC EXCELLENCE PRESS EXCLUSZVE ENAGES FAZRMAY FORD FASN20N SOURCE RECREATZON REFUNO ZNSTRUCTOR PAYMENT NAZNTENANCE SUPPLZES REFRESHNENTS RECREATZON REFUND OFFZCEIMAZNTENANCE EQUZPNENT RECREATZON REFUND MAZNTENANCE SUPPLXES RECREATZON REFUND ADVERTXSZNG FEE RECREATXON SUPPLXES EQUZPNENT RENTAL/SUPPLZES REZMBURSE FOR BUS~NE$S EXPENSE PROFESSZONAL SERVZCES RECREATZON REFUND VEHZCLE MAZNTENANCE SUPPLZES COMPUTER NAZNTENANCEISUPPLZES RECREATZON REFUND RECREATZON REFUND OFFXCE SUPPLIES NZLEAGE REZMBURSENENT BUSZNESS LZCENSE REFUNO PROFESSZONAL SERVZCES RECREATION REFUND MONTHLY MATER BELLXNGS RECREATZON REFUNO CONTRACT SERVZCES NAZNTENANCE REPAZRS/SUPPL(ES CONTRACT SERVXCES RECREATZDN REFUND C0NTRACT SERVZCES SUPPLIES VEHZCLE MAZNTENANCE RECREATZON REFUND MAZNTENANCE SERVZCE/SUPPLZES BUSINESS LZCENSE REFUND NAZNTENANCE SUPPLIES RECREATZON REFUND RECREATZON SUPPLZES OFFZCE SUPPLZES PROFESSZONAL SERVZCES TOMXNG SERVZCE PERNET FEE PROFESSXONAL SERVXCES RECREATION REFUND BUSZNESS LZCENSE REFUNO LZBRARV BOOKS OFFZCE SUPPLZES NAENTERANCE VEHICLE BUSZNESS LZCENSE REFUND =Or~ CHECKI OVERLAP 151586 151587 39°00 I 151588 3e005o61 151589 495o00 151590 19o40 # 151591 26t936o88 151592 45.00 8 151593 2t630.80 151596 39.50 151595 41.40 151596 99,88 151597 69.76 151598 119.59 I 151599 610o00 151600 ' 14e605.00 I 151601 45.79 I 151602 502.65 151603 39°50 151606 65°00 I 151605 7.55 151606 21.13 151607 30°00 151608 1,530o00 I 151609 50.00 151610 - 151610 ))) I 151611 7,501o76 151612 20.00 151613 150.00 I 151614 5OOoOO e 151615 14,701.00 151616 45.00 151617 532°00. 151618 350.19 I 151619 853.70 I 151620 65°00 151621 370.13 151622 18,00 151623 30.92 151624 45°00 151625 1,881o32 151626 951.00 151627 575°00 I 151628 441o50 151629 Z5o00 I 151630 79,606o33 151631 9O.OO 151632 25.23 151633 17o86 151634 76,45 t 151635 238392,53 151636 Z0.15 CITY OF RANCHO CUCAMQNGA LIST OF MARRANTS FOR PERIOD: 05-10-00 (99/00) RUN DATE: 05/10100 PAGE: 3 VEND0R NAME ITEM DESCRIPTION NARR NO WARM. AMY. 5517 123 6556 3197 589Z 3088 2860 41234 4540 AIO46 A1259 5288 5502 41260 5555 1245 61261 41253 A1ZG2 137 6383 32666 32457 662 158 32442 32441 32667 32648 161 3266Z 32653 495 4188 3276 6614 32443 508 168 3452 2507 32043 6565 32461 32447 52652 32665 32470 1024 FASTENAL COMPANY FEDERAL EXPRESS CORP FINESSE PERSONNEL ASSOCIATES FIRE RASTER FIRST PLACE TROPHIES FIRST STOP MOTORSPORTS, INC. FORO OF UPLAND, INC. FORREST DOOR ANO HARDHARE, INCo GALE GROUP, THE GANOZ, BERNAOETTE GARCIA, DELMA GARRETT CONC. CORING 6 SAHING, INCo GIDRDANO, HARIANNA GODWINm KIM GOLDEN NESY DISTRIBUTING DONSALVES 6 SONm JOE A. GONZALEZt HAZEL GOOD DAY CRFE GeEERr DONNA GTE CALIFORNIA H.V. CARTEN CO. HANKZt TERRI HAUS, KATHY NCS-CUTLER STEEL CO. HOLLIDAY ROCK Ca., INC. HOLLYHOOD VIDEO 8 005-665 HOMES £ LAND MAGAZINE OF THE HONECUTTt ElLLIE HONEYCUTTf JANIE HOTT LUMBER COD, S.N. HUERTAm ELIZABETH HURTADO, HEATHER HYDRO-SCAPE PRODUCTS, INC I O BURR ICZ DULUX PAZNT CENTERS ICKES, SCOTT INFOROM INLAND MEDIATION BOARD XNT'L CONF BLDG OFFICIAL INTRAVAIA ROCK & SAND' INYENSYS BUILDING SYSTEMS INC. JAESCHKE INC., C.R. JANECK, LINOA JOHNSON, CHARLOTTE JOHNSON, DONNA JOHNSOn, HART JEAN KALU-EATDHt BARBARA KANAVY, RAE KIEHL, KATHY KOCH MATERIALS COMPANY · ~ CHECKI OVERLAP MAINTENANCE SUPPLIES I 151637 126.62 DELIVERY SERVICE 151638 40.75 PERSONNEL SERVICES t 151639 336,00 MAINTENANCE SERVICE 1516A0 ZOO.OO RECREATION SUPPLIES I 151641 1,034.95 VEHICLE MAINTENANCE 15164Z 13O,OO VEHICLE MAINTENANCE 151663 579.48 BUSINESS LICENSE REFUND 151644 33.00 LIBRARY BOOKS 151645 I43.ZO RECREATION REFUND 151646 39.5D RECREATION REFUND 151647 39.30 MAINTENANCE SUPPLIES I 151648 6,553.75 INSTRUCTOR PAYMENT 151649 15O.OO RECREATION REFUND 151650 45,00 RECREATION SUPPLTES 151651 73,60 LEGISLATIVE SERVZCES 151652 Z,300.00 RECREATION REFUND 151633 56.00 BUSINESS LICENSE REFUND 151654 29.80 RECREATION REFUND I 151655 99.50 <(( 151656 - 151657 MONTHLT TELEPHONE BILLINGS I 151658 5,511.63 BUSINESS LICENSE REFUND I 151659 116.24 RECREATION 151660 84.30 RECREATION 151661 51.00 EQUZPHENT MAINTENANCE e 151662 603.39 MAINTENANCE SUPPLIES I 151663 44Z.04 BUSINESS LICENSE 151664 46,00 BUSINESS LICENSE 151665 18.60 RECREATION I 151666 47,00 RECREATION 151667 200.00 MAINTENANCE'SUPPLIES E 151668 224,81 RECREATION 151669 39.50 RECREATION I 151670 40.00 LANDSCAPE MAINTENANCE SUPPLIES I 151671 366,66 MAINTENANCE SUPPLIES I 151672 79.63 MAINTENANCE SUPPLIES 151673 139.59 RECREATION REFUND 151874 300.00 BUSINESS LICENSE 151675 lO.OO LANDLORD/TENANT DISPUTE RESOL. 151676 ZO,O0 MAINTENANCE SUPPLIES I 151677 335.55 MAINTENANCE SUPPLIES 151678 80.00 SERVICE/SUPPLIES I 151679 26,523,00 VEHICLE ~AINTENANCE I 151680 634,49 REXMBURSENENT 151661 Z3o08 SUBSCRIPTION RENEHAL 151682 880,00 RECREATION 151683 45.00 RECREATION 151684 50.00 RECREATION 151685 39.00 RECREATION 151686 45,00 RECREATION 151687 39.50 MAINTENANCE SUPPLIES 151688 81.10 CITY OF RANCND CUCAMONGA LIST OF BARRANT5 FOR PERIOD: 05-10-00 C99/003 RUN DATE: 08110100 PAGE: VENDOR NAME ITEM DESCRIPTION NARR NO HARM. AMY, 6090 RDNG, SOPHAK BUSINESS LICENSE REFUND 32200 LANe TOM RECREATION 3Z&40 LANTECH PUBLISHING CO. LTD. SUBSRCZPTZON 31656 LEZSEROVZCM, D/ANNA RECREATION 979 LENZS OPERATING CORPe REFUND OF DEVELOPMENT FEES 5ZTA LTTTLE BEAR PRODUCTIONS GRAPHIC DESIGNER 32660 LZZARRAGA, DENICE RECREATION 1455 LONG°S DRUGS FILM PROCESSING 32463 LOPEZe BELZNOA RECREATION 5662 LOS ANGELES COCA COLA BTL. CO. RECREATION SUPPLIES 324~5 LYLEe PATRZCZA RECREATION 32436 MAC KATe PAMELA RECREATION 32654 MALEKOBe LARRY RECREATION 6727 MARSHALL PLUMBING REHAB. PROGRAM 3Z449 MARTINET, RUTH RECREATION 5375 MASTER BUILDING SPECIALTIES MAINTENANCE SUPPLIES 3871 MATTeS HARDBARE MAINTENANCE SUPPLIES 32~55 MCGOMAMe LAURA RECREATION 31987 MEEKER~ JOANNE RECREATION REFUND 2198 NZCHAEL$ STORES INC. 13019 RECREATION SUPPLIES 5852 MIDBEST TAPE LZERARV SUPPLIES 3Z669 MITCHNERe NAUREEN RECREATION 437~ MOBILE STORAGE GROUP, INC. EQUIPMENT RENTAL 1020 MOUNTAIN ¥ZEN GLASS & MIRROR MAINTENANCE SUPPLIES 5852 MT HIGH ENTERTAINMENT RECREATION 2266 NAPA AUTO PARTS VEHICLE MAINTENANCE 764 NATIONAL DEFERRED DEFERRED COMP 32A39 NATIONAL PARENTING INSTITUTE LIBRARY 633 NZXON-EGLX EQUIPMENT VEHICLE MAINTENANCE 6613 NUANCE RECREATZON REFUND 32668 NUNOe SOLEDAD RECREATZDN 523 OFFICE DEPOT 365 OLD QUAKER PAINT COMPANY 6584 OLIVAp PHILIP 5482 OMLORe AMY 232 OMNITRANS 3049 ONTARIO FI RE EXTINGUISHER CO. 1826 ORIENTAL TRADING 32450 ORTZZe MARTA 235 OWEN ELECTRIC 1461 pACIFIC 8ELL 3Z451 PAINE. GREGG 32646 PANALZGAN, RARZLOU 818 pARAGON BUXLDZNG PRODUCTS XNC.* 3283 pERFORMANCE AUTO BODY 6205 pETERMAN LUMBER 3Z489 PETERSbM9 LUANA 6211 pIONEER-STANDARD ELECTRONICS ZTZ PITNEY 6ONES &206 pLANNING CENTERe THE OFFICE 5UPPLIES NAINTENANCE SUPPLIES RECREATION REFUND PROFESSIONAL SERVICES BUS PASSES FIRE EXTINGUISHER SERVICES MAZNTENANCE SUPPLIES RECREATION MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES RECREATION RECREATION CONCRETE SUPPLIES VEHICLE MAINTENANCE EARTHQUAKE PREPAREDNESS KIT RECREATION RECREATZON REFUND POSTAGE METER RENTAL BUSINESS LZCENSE REFUND ~0 CHECKI OVERLAP 151689 480.00 151690 39.50 151691 15.38 151692 21o00 151693 6.50 151694 1,115o00 151695 39.50 151696 9.95 151697 45.00 151698 178.08 151699 22.00 151700 lO0,OO 151701 12.00 0 151702 20333.93 151703 39.50 151706 204.00 151705 40.85 151706 32,00 151707 65.00 151708 91.25 I 151709 1e351o60 151710 39.50 e 151711 133o99 151712 173o27 151713 60250.00 0 151714 559°56 151715 2,286o50 151716 250.00 8 151717 269.12 151718 151719 135.00 151720 - 151720 ))) 0 151721 3w505.60 151722 503.47 151723 120o00 151724 65.00 151725 572.00 151726 385o01 151727 228.92 151728 65.00 I 151729 121.03 0 151730 le669.64 151731 50.OO 151732 200.00 I 151733 151734 Z.989.21 151735 233.02 151736 10o00 6 151737 130096.7~ 151T58 327.35 I 151739 17,019.18 CITY OF RANCHO CUCAMONGA LIST OF BARRANTS FOR PERIOD= 05-10-00 (99100) RUN DATE: 05118100 PAGE: S VENDOR NAME ITEN DESCRIPTION VARR NO VARR. ART. · ~ CHECK8 OVERLAP 32464 PODUSKAm JENNIFER 1069 POMONA VALLEY KANASAKI 32650 PONELL, SHANNON 693 PONERSTRIDE BATTERY CDo, INC. 4401 FRAXAZR DISTRIBUTIONw INC. 2533 PRENTICE HALL 3286 PRINCIPAL LIFE 583 PROTECTION SERVICE INDUSTRIES 65 PRUDENTIAL OVERALL SUPPLY 861 PRYOR RESOURCES, INCo 5899 QUALITY ONE ENGRAVERS 32444 QUICK DRY CARPET CLEANING 6569 QUINN, SHERLZNE 251 1890 2980 418 12182 264 6292 S914 12183 276 12194 626 12195 12184 4704 I292 4067 6117 6117 5745 4432 132 6492 12150 1105 12196 1829 351 B92 13ZT 319 1432 12185 IZ186 12187 2847 R C R AUTOMOTIVE R ~ R LIGHTING R ~ S FLOOR COVERING R N A GROUP RAINDON COMMUNITY PRAISE CENTER RALPHS GROCERY CONPANT REINHARDY, RITA REXEL CALCON ELECTRICAL SUPPLIES RIVERAw JOHNNY 8 RIVERSIDE BLUEPRINT ROAN, JANE ROBLESw RAUL P-m RODRIGUEZ, DXANE ROYAL PIPE &SUPPLYw INC RUSH, CHRXS S ~ S ARTS AND CRAFTS S & N PLASTICS S 8 & Om INC. S 8 ~ O, INC, SAFELITE GLASS CORP. SAN BERN ASSOC GOVERNMENTS SAN DIEGO ROTARY 6ROON COw 1NC SANCHEZ, JOE SANTUCX, SANDRA SEAL FURNITURE & SYSTEMS INCo SEDANO, OILCIA SHARED TECHo FAIRCHILD TELECON, INC SIGN SHOP, THE SIR SPEEDY SMART ~ FINAL SO CALIF GAS COMPANY SOUTHERN CALIFORNIA EOISON SPENCERm RICHARD $PROUSE ATTORNEY, JAMES E STAR NAILS ll STATE ENVIRONMENTAL NGNTow INCo RECREATION 151740 45.60 VEHICLE MAINTENANCE SUPPLIES I 151741 1w826o16 RECREATION 151762 28o50 VEHICLE MAINTENANCE SUPPLIES 151743 63.52 EQUIPMENT RENTAL 151746 141,91 OFFICE SUPPLIES 151765 38,51 MEDICALIDISADILITT INSURANCE e 151766 73w098,02 PRDTECTION SERVICES-LIONS CNTR I 151767 93.70 MAINTENANCE SUPPLIES 151768 T.41 REGISTRATION 151769 52°00 OFFICE SUPPLIES I 151750 21.56 BUSINESS LICENSE 151751 ZZ°3T BUSINESS LICENSE REFUND 151752 210.00 ((( 151753 - 151753 ))) VEHICLE HAINTeSUPPLXES~SERVICE e 151754 2,620.36 HAINTENANCE SERVICE/SUPPLIES 8 151755 3,044.29 MAINTENANCE SUPPLIES I 151756 Z,107°O0 SOIL TESTING SERVICES 8 151757 5w699,56 RECREATION REFUND 151758 2OO.OO RECREATION SUPPLIES 151759 15,65 RECREATION REFUND 151760 952,00 ELECTRICAL SUPPLIES I 151761 1,766,01 CSMFO SO,CHAPTER MEETING 151762 13.00 PRINTS 151763 39.98 RECREATION REFUND 151764 AS°OO TIRE REPAIR t 151765 337.00 BUSINESS LICENSE REFUND 151766 39,50 RECREATION REFUND 151767 5°83 INSTRUCTOR PAYMENT lSl7&8 201,96 RECREATION SUPPLIES 151769 811,42 MAINTENANCE SUPPLIES 151770 15,56 BUSINESS LICENSE REFUND I 151771 1,788.09 BUSINESS LICENSE REFUND 151772 23.00 SERVICE AND SUPPLIES 8 151773 h036,24 GEM ASSESSMENT MEMBERSHIP DUES 151774 350.00 NAXNT SUPPLIES t 151775 510,76 RECREATION REFUND t 151776 630.00 BUSINESS LICENSE REFUND 151177 ZA.0O OFFICE SUPPLIES 151778 646.50 OFFICE SUPPLIES 151779 4S.OO TELEPHONE SERVICES 151780 78°00 NAINT SUPPLIES i 151781 253°ZI OFFICE SUPPLIES 15178Z 6Z.63 DAY CAMP SUPPLIES I 151783 19556.86 MONTHLY GAS BILLS 151784 gZZo84 <(( 161785 - 151789 I 151790 9,752,68 151791 3O.OO 151792 19,94 151793 33°00 151794 5w122~81 NONTHLT ELECTRIC BILLS RECREATION REFUND RECREATION REFUND RECREATION REFUND SERVICE AND SUPPLIES CITY OF RANCMO CUCANUNGA LIST OF MARRANTS FOR PERIOD: OS-lO-O0 (99/00) RUN DATE: 05/10/00 PAGE: G VENDOR NAME XTEN DESCRIPTION WARR NO WARR. ANT. · ~ CHECKI OVERLAP 12107 STEPHENS, RZTA SUBSCRZPTEON 151795 39.50 124,00 $TRANAHAN, NALLI JEAN RECREATION REFUND 151796 4`5.00 12188 STUDENT AID ACCESS RECREATION REFUND 151797 38,00 5132 SUBURBAN SURGICAL CO** INC. MAINT SUPPLIES 151?98 537.60 4733 SUNRISE FORD AUTO SERVICE ~ SUPPLIES 0 151799 308.95 5410 T ~ D INSTALLATIONS SUPPLIES I 151800 lf093.35 2366 TARGET YOUTH PROGRAM S DAY CAMP SUPPL t 151801 90.09 6617 TEDESCO, AMY RECREATION REFUND 15180Z 1,000.00 3962 TERMZNZX INTERNATIONAL MONTHLY PEST CONTROL SERVICE I 151803 567.00 6551 TOBIN9 RENEE RECREATION REIMBURSEMENT # 151804` 87°99 6505 TOVAR, ANNE RARGARET BUSXNESS LXCENSE REFUND 151805 532.00 6558 U S GUARDS CO,, INC. 5ECURXTY GUARD SERVXCE I 151806 7,134,27 2958 UMPS ARE US ASSUCEATZQN UMP SERVICES I 151807 2,368.50 34`37 UNXFZRST UNIFORM SERVICE UNXFORH SERVICES I 151808 690,33 1226 UNITED PARCEL SERVICE UPS SERVICE e 151809 96,70 2682 UNITED STATES POSTAL SERVICE POSTAGE METER MONTHLY SERVICES 151810 6,500.00 6004` UNZTEK TECHNOLOGY, INC. RECREATION REFUND 151811 1,557.00 12189 USA-SPECt ZNC RECREATION REFUND 151812 ZS.0O 12198 VALLEe CARDLYN NANUALI89 FORD TRUCK FZSO 151813 39,50 12199 VANDEVERm JIM GRAFFZTZ RESEARCH SUPPLIES 151816 35.00 12190 VERLANGZERI PHOTOGRAPHY, PAUL RECREATION REFUND 151815 11.50 6616 Y[LLAGOHEZ, CHARLEE RECREATION REFUND 151816 25°35 IZZO0 VELLAREAL, OTNON MASTER PLAN STORM DRAIN REZMO. 151617 190.00 1103 VE$TA PAINT NAZNT SUPPLZES 151818 356o10 5870 VLSYSTEHS, INC. COMPUTER NARDHARE 151819 824.29 5606 VOLUME SERVICES INSTRUCTOR PAYMENT 151020 4,6.00 12300 VOS, NATZLLZE MAINTENANCE SUPPLXES 151821 45.00 678 NARREN £ CO,, CARL LZABELZTY CLAENS 151822 291.52 ((( 151823 - 151823 213 NAXZE, KLEEN-LINE CORP NAINT SUPPLIES A 151826 5,789.37 4577 HELLS FARGO GUARD SERVICES SECURITY GUARD SERVICES I 151825 8,769o77 6181 NEST END RATEREAL SUPPLY RECREATION REFUND I 151826 129.30 6181 NEST END MATERIAL SUPPLY RECREATXQN REFUND 151827 9o~1 1Z191 HESTSZDE PACKAGING, ZNC RECREATION REFUND 151828 77.51 12192 NHTTE, JACQULZNE RECREATION REFUND 151829 30.00 64.88 MZLLZAMSt OILLIE JEAN RECREATION REFUND 151830 60.00 12500 HaLFROM, RENEE RECREATION REFUND 151'831 45,00 12193 RORO OF LIFE MINISTRIES RECREATION REFUND 151832 .200.00 509 XEROX CORPORATION COPY MACHINE SUPPLZESISERVZCE I 151833 3,056.33 6157 ZELESKT PRESENTATIONS, GARY CZTYICOUNTY ENGRo ASSOCo DUES I 151854 267,76 4502 ZUHAR INDUSTRIES, ZNCo MAINTENANCE SUPPLIES 151835 1,895.80 TOTAL 690,547.92 RUN DATE: 05/17/00 PAGE: I I hC · CHECK# OVERLAP SUSINES8 LICENSE REFUND 151088~ I1.50- (<( 15103~ - 151885 >>) 137 151939 1,155.00 151941 121.92 SOIL TESTINS SERVICES MEPBERSHIP MEETING RECREATIGN ~EFUNd RECREATION REFUN3 RECR~ATID~ REFUND 151990 500.00 151991 10.00 15199Z 46.00 151593 lm741.SY 1519~5 21o00 151)98 1m500.00 151999 57.50 152000 2~.22 152002 35.99 152003 109.16 153004 253.00 152005 15~m105.76 152006 10~.00 152008 9,33~.01 LIST 0~ '*~RR~NTS PERIOD: ~5-17-00 ;EN~OR NAME ~TEM DESCRIPTION ~ARR NO WARRo AMT. ...... TnTAL lmz+OBm152.S6 THE C ITY OF ~A~CEO O~OA~ONGA S fffReport TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: DATE: SUBJECT: Debra J. Adams, CMC, City Clerk June 7,2000 Approval of a Resolution to certify the results of the Special Community Facilities District Election held in the City of Rancho Cucamonga on May 9, 2000 It is recommended that the City Council approve the attached Resolution certifying the results of the Special Community Facilities District Election (CFD 99-1 -- Central Park) held in the City of Rancho Cucamonga May 9, 2000. The information has been prepared by the San Bernardino County Registrar of Voters. If you have any questions, please contact me. /dja Attachment (as noted) RESOLUTION NO 00-**Col I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL COMMUNITY FACILITIES DISTRICT ELECTION HELD IN THE CITY OF RANCHO CUGAMONGA, ON MAY 9, 2000, DECLARING THE RESULTS AND SUCH OTHER MATI'ERS AS PROVIDED BY THE PROVISIONS OF THE LAW WHEREAS, a special community facilities district election was held and conducted in the city of Rancho Cucamonga, California, on Tuesday, May 9, 2000~ as required by law; and WHEREAS, notice of the election was duly and regularly given in time, form and manner as provided by law; that precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit "A". NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does hereby resolve, declare, determine and order as follows: SECTION 1: That there were 57 voting precincts established for the purpose of holding said special community facilities district election. SECTION 2: That said special community facilities district election was held for the purpose of considering the following ballot measure as required by the laws relating to cities in the State of California, to wit: Shall City of Rancho Cucamonga Community Facilities District No. 99-1 (Central Park) be authorized to incur an indebtedness and issue bonds in the maximum aggregate principal amount of $30,000,000, with interest at a rate or rates not to exceed the maximum rates permitted by law, the proceeds of which will be used to finance the costs of facilities, including incidental expenses, as described in Resolution No. 00-016 of the City Council of the City of Rancho Cucamonga; shall a special tax with a rate and method of apportionment as provided in Resolution No. 00-016 of the City Council of the City of Rancho Cucamonga be levied within the District to pay for the above facilities, including principal and interest Resolution No. 00-*** Page 2 due on bonds issued to finance the facilities; services, including recreation program services and the maintenance of parks, parkways and open space; and incidental expenses, as described in said Resolution; and shall an appropriations limit be established for the District pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the amount of all proceeds of the special tax collected annually, as adjusted for charges in the cost of living and charges in population, as provided in Resolution No. 00- 016 of the City Council of the City of Rancho Cucamonga? SECTION 3: That the number of votes given at each precinct and the number of votes given in the City to the measure were as listed in Exhibit "A" attached. 11,782. SECTION 4: That the whole number of votes cast in said City was SECTION 5: The City Clerk shall enter on the record of the City Council of the City, a statement of result of the election, showing: (see Exhibit "A") (1) The whole number of votes cast in the City; (2) The ballot measure voted for; (3) The number of votes given in the City to the measure. SECTION 6: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, and ADOPTED this 7th day of June, 2000. AYES: NOES: ABSENT: ABSTAIN: William J. Alexander, Mayor Resolution No. 00-'~ql Page ATTEST: Debra J. Adams, City Clerk I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 7th day of June, 2000. Executed this 8th day of June, 2000 at Rancho Cucamonga, California. Debra J. Adams, City Clerk CERTIFICATE OF REGISTRAR OF VOTERS RECEIVED STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) MAY 17 2000 CITY OF RANCHO CUCAMONGA CITY CLERK I, INGRID E. GONZALES, Registrar of Voters, County of San Bernardino, State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each measure in the CITY OF RANCHO CUCAMONGA at the Community Facilities District Election held on. May 9, 2000. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said City, and the whole number of votes cast for each measure in said City in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each measure are full, true and correct. WITNESS my hand and Official seal this 16th day of May 2000. Page Number 1.100.001 OFFICXAL STATENENT OF VOTES CAST AT THE NAY 9, 2000 SPECL COI4HUNXTY FACILITIES DIST ELECTION CITY OF RANCHO CUCANONGA - NEASURE 'J' (2/3) R T T HS HB E U U EH EE G R R AA A Z N N SL SF S 0 0 UL UU T U U R RN E T T EC EO R F E E P JD JO O E ? V C 2 o E T N E T ) ) R A S G E 001 535-1,2,58#90,91,110 1215 27'/22.7% 002 535-3,5,113 109~ 196 17.9% 003 535-4,81 928 180 19.3% 004 535-6.01,6.02,114 870 157 18.0% 005 535-7,125 949 200 21.0% 006 535-8,112,126 1116 279 25.0% 007 535-9,52,111 1209 190 15.7% 008 535-10,12 1243 197 15.8% 009 535-11,32.01,35.01 1197 238 19.8% 010 535-13,60,122 1208 193 15.9X 011 535-14,15.01,115 1105 214 19.3% 012 535"15.02,53,63.02 1035 145 14.0% 013 535-16,17 1151 150 13.0% 014 535-18,54 1020 226 22.1% 015 535-19,106 901 150 16.6% 016 535-20,76 991 116 11.7% 017 535-21 892 155 17.3% 018 535-22,93,100 1039 174 16.7% 019 535-23 658 67 10.1% 020 535-24,51,89 907 61 6.7% 021 535-25,30,31 479 13 2.7% 022 535-32.02,34,35.02 941 135 14.3~ 023 535-33,77 1165 180 15.4% 024 535-36,124 1132 125 11.0% 025 535'37,38 1012 90 026 535-39,87 956 42 4.3% 027 535-40°50 1090 108 9.9~ 028 535'41~96 1201 163 13.5% 029 535'42,46 1070 81 030 535-43,118 832 149 17.9% 031 535-44,47 1107 159 14.3% 032 535-45,73 1136 143 12.5% 033 535-48,61.01,94 1161 147 12.6% 034 535-49,97 1121 112 035 535-55,99,123 1136 179 15.7% 036 535-56,130 762 111 14.5% 037 535-57,109 877 131 14.9% 038 535-59,63.01.128 1075 196 18.2% 039 535-61.02,88 929 131 14.1~ 040 535-62,86 1093 192 17.5% 041 535-64,95 1056 174 16.4% 042 535-65o129 842 165 19.5% 043 535-66J84#131 1204 179 14.8% 044 535-67,120,121 1158 104 8.9% 045 535-68~104o105 1054 204 19.3% 046 535'69o83#102 118t 107 9.0% 047 535-70o117~132 821 34 4.1~ 048 535'71,72 963 121 12.5X 049 535'74,119~135 1234 91 7.3% 050 535'75 642 128 19.9X 051 535-78,116,133 1133 93 8.2% 052 535'79,108 1008 100 9.9% 053 535-80,127,134 1058 174 16.4% 054 535-82,103 1179 192 16.2% 055 535-85 849 147 17.3X 056 535-92,101 906 28 057 535-98,107 1016 115 11.3% 001 ABSENTEE BT 001 0 112 0.0% 002 ABSENTEE BT 001 0 82 0.0% 003 ABSENTEE BT 001 0 57 0,0% Y E N 3~ 239 1~ 176 26 154 20 132 27 47 231 15 172 18 176 23 213 23 170 32 180 27 118 25 125 68 154 38 110 31 85 . 33 121 45 129 9 58 10 49 8 5 15 120 45 132 37 87 16 74 10 31 11 93 20 142 8 71 12 137 30 121 51 87 42 104 29 83 40 138 34 77 26 104 40 155 60 69 97 91 42 130 41 121 50 128 16 87 41 160 50 57 13 21 61 59 16 73 47 78 23 70 28 71 83 88 96 93 66 80 9 19 30 85 16 94 24 58 8 44 PaBe Numbe~ 2.100.001 OFFICIAL STATENENT OF VOTES CAST AT THE NAY 9, 2000 SPECL COHNUNITY FACILITIES DIST ELECTION CITY OF RANCHO CUCAHONGA ' NEASURE ,J, (2/3) R T T 145 NB E U U EH EE G R R AA A I N N SL SF S 0 0 UL UU T U U R RN E T T EC ED R F E E P JD JO 0 E ? V C E T } ) R A S G E 004 ABSENTEE BT 001 0 115 O.OX 005 ABSENTEE BT 001 0 110 O.OX 006 ABSENTEE BT 001 0 96 O,OX DOt ABSENTEE BT 001 0 56 O.OX OOB ABSENTEE BT 001 0 64 O,OX 009 ABSENTEE BT 001 0 111 O.OX 010 ABSENTEE BT 001 0 78 O.OX 011 ABSENTEE BT 001 0 92 O.OX 012 ABSENTEE BT 001 0 63 O.OX 013 ABSENTEE BT 001 0 58 O.OX 014 ABSENTEE BT 001 0 60 0.0% 015 ABSENTEE BT 001 0 62 0.0% 016 ABSENTEE BT 001 0 55 017 ABSENTEE BT 001 0 66 O.OX 018 ABSENTEE BT 001 O 80 O.OX 019 ABSENTEE BT 001 0 32 0.0~ ' 020 ABSENTEE BT 001 0 17 O.OX 021 ABSENTEE BT 001 0 9 022 ABSENTEE BT 001 0 46 O.OX 023 ABSENTEE BT 001 O 88 O.OX 024 ABSENTEE BT 001 0 135 0.0% 025 ABSENTEE BT 001 0 87 O.OX C26 ABSENTEE BT 001 0 22 0.0~ 027 ABSENTEE BT 001 0 46 O.OX 028 ABSENTEE BT 001 0 63 O.OX 029 ABSENTEE BT 001 0 38 O.OX 030 ABSENTEE BT 001 0 55 O.OX 031 ABSENTEE BT 001 0 50 O.OX 032 ABSENTEE BT 001 0 6~ O.OX 033 ABSENTEE BT 001 0 59 O,OX 034 ABSENTEE BT 001 0 68 O.OX 035 ABSENTEE BT 001 O 88 O.OX 036 ABSENTEE BT 001 0 59 O.OX 037 ABSENTEE BT 001 0 55 0.0~ 038 ABSENTEE BT 001 0 67 0.0~ 039 ABSENTEE BT 001 0 71 O.OX 040 ABSENTEE BT 001 0 77 O.OX 041 ABSENTEE BT 001 0 104 O.OX 042 ABSENTEE BT 001 0 37 O.OX 043 ABSENTEE BT 001 0 66 O.OX 044 ABSENTEE BT 001 0 S6 O.OX 045 ABSENTEE BT 001 0 81 046 ABSENTEE BT 001 0 62 O.OX 047 ABSENTEE BT 001 0 17 048 ABSENTEE BT 001 0 44 O.OX 049 ABSENTEE BT 001 0 40 O.OX 050 ABSENTEE BT 001 0 051 ABSENTEE BT 001 0 59 O.OX 052 ABSENTEE BT 001 0 81 O,OX 053 ABSENTEE BT 001 0 57 0.0~ 054 ABSENTEE BT 001 0 7E 0.0X 055 ABSENTEE BT 001 0 60 O,0X 056 ABSENTEE BT O01 0 9 0,0% 057 ABSENTEE BT 001 0 44 0.0X NPP 535'26,27,28,29 5 2 40.0% **** T 0 T A L S **** 58311 11967 20.5% Y E N 20 9~ 23 8~ 16 77 7 48 16 11 20 58 12 76 20 40 16 17 42 17 44 13 40 20 43 25 53 7 25 5 12 2 7 13 31 20 67 26 108 1 21 8 36 3 57 4 10 40 9 39 32 29 14 44 19 28 57 19 7 46 19 48 41 28 38 38 27 72 9 26 25 40 10 43 16 62 25 35 8 9 19 23 26 19 61 20 34 31 29 ? 1 12 32 0 2 2866 8916 SUMMARY PaNe NLmlber 3.1000,00 OFFICXAL STATEMENT OF VOTES CAST AT THE HAY 9, 2000 SPECI COMMUNITY FACILITIES DIST ELECTION CITY OF RANCHO CUCAMONGA - MEASURE f~J" (2/3) R T T E U U G R R [ N N S 0 0 T U U E T T R E P 0 E R V C 0 E T N E T R A S G E MS MB EH EE AA A SL SF UL UU R RN EC ED F E JD JD ? ) POLLING PLACE VOTE ABSENTEE VOTE NPP VOTE COUNTY-WIDE VOTE 58306 8308 14,2~ 0 3657 O.OX 5 2 40.OX 58311 11967 20.5X Y 1916 6306 950 Z608 Z86~ 8916 DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT June 7, 2000 Mayor, Members of the City Council and Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director Dawn Haddon, Purchasing Manager AUTHORIZATION FOR THE REPLACEMENT PURCHASE OF FIVE (5) FLEET VEHICLES FROM LOCAL DEALERSHIPS TO BE SELECTED THROUGH COMPARITIVE OFF-THE -LOT PRICING NOT TO EXCEED THE AMOUNT OF $98,000.00 FUNDED FROM FUND 72-4225-7045 AND $33,500.00 FROM ACCOUNT 142-4451-7045 RECOMMENDATION It is recommended that the City Council authorize the replacement purchase of four (4) fleet vehicles from local dealerships selected by comparative, off-the-lot pricing, in the amount of $98,000.00 funded from account 72-4225-7045 and one (1) Chevy Tahoe in the amount of $33,500.00 funded from account 142-4451-7045. BACKGROUND/ANALYSIS City Council approved the purchase of replacement vehicles as identified in the fiscal year 1999/2000 budget document under account 72-4225-7045 and account 142-4451-7045. Maintenance provided specifications to Purchasing for all replacement/new vehicles. Purchasing prepared a Request for Proposal. A vendor was selected and was unable to process the orders for the selected vehicles. An additional RFP was prepared and sent out. One response was received. Given the lack of response and limited timeframe, it is recommended that a comparative off-the-lot purchase be conducted. After analysis of the competitive shopping, the most responsive and responsible vendors will be selected to acquire the vehicles. Respectfully submitted, Lawrence I. Temple Administrative Services Director LIT:dkh THE I~ANCHO DATE: TO: FROM: BY: SUBJECT: CITY OF CUCAHONGA June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Brent Le Count, Associate Planner PUBLIC CONVENIENCE OR NECESSITY 00-03- CHEVRON - Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the transfer of an existing Alcohol Beverage Control License (Off-Sale General) for a remodeled Chevron service station with convenience store, located at the southwest corner of Carnelian Avenue and Base Line Road - APN: RECOMMENDATION Approve the determination of the "Public Convenience or Necessity" through the adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control. ANALYSIS Backaround: The applicant, Chevron, is operating a remodeled service station with a convenience store at the southwest corner of Carnelian Avenue and Base Line Road. Conditional Use Permit 98-25 was approved for the remodeling of the station by the Planning Commission on February 24, 1999. The remodeling is complete and the new service station is now in operation. The previous Chevron service station had a license for alcohol sales but that license must now be transferred to the new operation according to the Department of Alcoholic Beverage Control. Requirements from Department of Alcohol Beveraqe Control: The Department of Alcohol Beverage Control regulates the distribution of liquor licenses by setting limits on the different types of licenses in each Census Tract. The limits are calculated from the ratio of liquor licenses to the population of the Census Tract. According to the Alcohol Beverage Control staff, there are three (3) licenses allowed within Census Tract 8.12 and four (4) are existing. When a Census Tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the public's convenience or necessity as required by Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience and necessity"' undefined so that the local legislative body, City Council, has the greatest latitude, based on local conditions and determinations. CITYCOUNCIL STAFF REPORT PCN 00-03 - CHEVRON JUNE 7,2000 PAGE2 Facts to Support a Public Convenience or NecessitV Determination: The following are facts that support the requested "Public Convenience or Necessity:" On February 24, 1999 Conditional Use Permit 98-25 was issued for remodeling of a service station with convenience store located at the subject site, at the southwest comer of Base Line Road and Carnelian Avenue. 2. The site is along Base Line Road, a Major Boulevard, and Carnelian Avenue. The site is close to sensitive users such as day care elementary and high schools but the previous service station had off-sale licensing. No comments have been received from the Police Department. The site was formerly occupied by a convenience market that has subsequently been remodeled. The site is relatively close to single family homes and apartments, however, staff does not foresee a conflict because of its proximity to major streets and the nature of the business. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items. CONCLUSION Based on the above analysis, staff finds the issuance of an Off-Sale General liquor license would not have a negative impact to the surrounding uses. Staff recommends approval of the attached Resolution. City Planner A~achmen~: Exhibit "A" - Applicant's Letter Exhibit "B" - Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval Alcoholic Beverage Consulting Service Specializing in Alcoholic Beverage Licensing April 5, 2000 RECEIVED City of Rancho Cucamonga City Counci! P.O. Box 807 Rancho Cucamonga, CA 91729 Chevron Stations, Inc. 8687 Boseline Street Rancho Cucamonga, CA ~PR 17 ZOO0 City of na,~cno Cucamong ' ~ Division Dear Councilmembers: Please accept this letter as a formal request for the City Council's consideration to issue a letter of Public Convenience or Necessity for the Chevron Station located at 8687 Baseline Street. As you are aware, the Deparb~'~ent of Alcoholic Beverage Con~ol regulates the distribution of alcohol licenses in each Census Tract. When a census tract limit is reached or a census tract is identified as "high crime" additional licenses can be issued provided the C~y Council authorizes a finding of Public Convenience or Necessity. According to the Deparb,ent of Alcoholic Beverage Control, there are three (3) licenses allowed within Census Tract 8.12 and four (4) licenses existing. Moreover, the census tract ratios for this location are misleading. Because the number of licenses allowed is determined by the number of residents within a census tract, census tracts such as this one, which have areas which are undeveloped naturally have a lower license count than those which are highly populated. In addition, the census counts are ten years old and do not account for any additional residents since the 1990 census. According to the Deparbnent of Alcoholic Beverage Control, the city does not report crime stats. The purpose of this letter is to illustrate that public convenience or necessity will be served by the issuance of an off sale beer and wine permit for the Baseline Chevron by illustrating the character, aesthetics and manner in which Chevron conducts its business will fill a niche not currently occupied by other license holders. Brewer Consulting, Inc. · 28465 Old Town Front Street, Suite 313 · Temecula, California 92590 Telephone: (909) 699-6868 · FAX: (909) 699-6869 · After February 2000, the area code will be 951. This site is unique in that there is currently a liquor license issued to this address. Because this site is being tom down and remodeled, the Depafb~ent of Alcoholic Beverage Control requires a new finding of public convenience or necessity. Since the current license is being transferred to the new building, there will be no increase in licenses to this census tract, At Chevron, we understand how well we operate our stations and meet our customers gasOline and shopping needs will be a deciding factor in their decision to return. Zmproving our product offering of staple grocery items, diapers, dairy products, bakery goods, flesh coffee, automotive products and a full line of beverages including beer and wine will serve public convenience by allowing our customers to satisfy most or all of their quick shopping needs while filling their cars with gasoline. The site design and layout elements of the Baseline Chevron reflect our company's ongoing commitment to safety. Placing our building on roar property lines opens the entire site to visibility from the street. Our floor to ceiling glass storefront is appealing to customers because it improves their ability to see in and out of the food mart day or night. Law enforcement personnel have informed us that keeping the glass free of unsightly advertising as we do improves their ability to survey the food marts interior during their periodic patrols. Customers approciate a business where parking is convenient and near building entrances. Ample parking near our food mart entrance contributes to our customers decision to patronize our business, particularly at night. Our parking areas are clearly marked and maintained with sufficient lighting to ensure pedestrian and vehicular visibility and safety. We have increased parking backup distances to ensure our customers have ample room to maneuver in and out of parking spaces. Our lighting design improves our nighttime appearance and makes our customers feel welcome and secure by covering all areas where they walk. Our customers tell us they prefer our FAETPAY pumps flush mounted at grade because it eliminates the potential hazard of tripping as they pump gasoline or walk in between the pumps. Our FASTPAY pumps also provide our customers the safety of not having to leave their children unattended in the car when paying for gasoline. We offer our customers public restrooms inside the food mart. For mothers with children, traveling sales people or other workers who use their automobiles in the function of their jobs, clean and safe restrooms aro a priority. All of these elements 'serve public convenience and necessity. Our employee training programs and operational procedures are fundamental to operating our stations in a safe and responsible manner. Our employees must participate in successfully complete our comprehensive training program, which include segments on customer service, facility maintenance, responsible alcohol and tobacco retailing, personnel management and workplace safety. We make random night visits to our Chevron stations, conduct in-house decoy programs and mystery shopper programs. These operation programs and our monthly personnel and safety meeting help to ensure every employee on every shift understands their personnel and safety meetings help to ensure every employee on every shift understands their social and legal responsibility to our customers and the communities in which we do business. Our operation guidelines and procedures have been developed in response to community concerns, law enforcement recommendation and our operation experience. Our self-imposed limitations identify the differences between our business and others and include: · Pay telephones with call out feature only · Graffiti removal within 48 hours of its occurrence · No coin operated video games · No adult magazines or videos · No sale of alcohol from a pass thru window · Signs posted in English and predominant second language in the area with regard to prohibitions to open containers and loitering · No beer or wine displayed within 5 feet of the cash register or the front door or displayed within an ice tub · No benches, newspaper racks, bicycle racks or any other objects that tend to encourage loitering shall be maintained on the premises · The sale of products other than alcoholic beverages, measured by gross receipts on an annual basis shall exceed the annual sales of alcoholic beverage products, measured by gross receipts. · All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. · Will place at least one 13-gallon trash receptade inside our building and two 32-gallon trash receptades outside our building for use by our customers. · No display of any alcohol-related advertising at the fuel islands. · All employees on duty between the hours of 10 pm and 2 am who sell beer and wine will be at least 21 years of age. In conclusion public convenience or necessity will be served at the Baselinel Chevron by providing the citizens of Rancho Cucamonga an attractive, safe, clean, well lit, state of the art facility with a responsible retailer who meets and fulfills both the motoring fuel requirements and grocery needs of its customers, Thank you for the opportunity to provide this information. Please call me at your earliest convenience at (909) 699-6868 when the council has scheduled a hearing date. We respectfully request your thoughtful consideration of our request. Sincerely, L nda Brewer Enclosures: $315 Check Ma~ 03 O0 03:23p Michael Brewer (909)699-E869 p.2 · " QUEST~NNAIRE APPLICATION NONCE TO ALL ~.~ Chin S~tions Inc. 887 Baseline Sirlit ~ho Cucamonga, San Bernaffiino ' 3 ( ~ 699~8~ 2005 Diamond BNd., Rm 22~, Sec 616L Con~ffi CA9~20 IY~ ~ No SHELLEY, Ronald L. 8~1 Baselins Road, ~nc ho Cu~monga, CA 9173 ~ba: Ron Shelle~s 20-262406 FINANCIAL INI:'ORMATION Capital City Escrow 3838 Watt Ave, IVF.810 ~acramento CA il5821 ~e~c~e~a~rso. ~'~ Diamond BIv~.,~I ~, ~.c ~1SL, C oncor~, ~ CONTACT TELF.~HONE NUMBEli I~16 4844950 )925-827-6593 Chevron USA, Inc. 6001 Bolllnger Canyon Rd., 8an Ramon, CA 94~83 ( )9251842-0839 26. MONTHLY RENT ~/. EXPIRATION DATE OF LEASE ~8. INDICATE WHETHER LEASE OR RENTAL AGREEMENT INCLUDES $ N/A N/A FURNITURE OR FImRIEE8 O AIt[] ,S~ne [] None 29. New Business or Adding License Realty or Interes~ Therein Furniture/Fixtures $ inventoF/ $ Other (e.g.. Worlcbt,t Capital. TOTAL Comments= 3(. Person to Person Transfer R~ airy or Interest Therekl Ft .niturejFi:dures $ $ In ,entory $ G, :odwitbNon-Compete Coverrant $ L~ rosehold improvement $ ,= ).To,A. ,,,0~ ,,-, ,,,.,~, ,-~,, S q, qq~. ~ o ~00 .her (t-8., Worii~$ Capital, Otl$~' Fees) $ ]'1 See lndi~4ual Financ~ Ja~jaWt(sJ for BASE LINE STREET 1990 CENSUS. TRACT AND BLOCK GROUP LOCATION 22.02 · "" 9 ,-.,' 4TH ST RESOLUTION NO, 00 - ~2'? 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE LICENSE FOR A SERVICE STATION AND CONVENIENCE STORE LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND CARNELIAN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 207-022-41 A. Recitals. 1. Chevron has filed an application for an off-site sale of beer and wine license from the Department of Alcoholic Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 7th day of June, 2000, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Coundl dudng the above-referenced meeting on June 7, 2000, including wdtten and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. On February 24, 1999, the Planning Commission issued Conditional Use Permit No. 98-25 for remodeling a service station and convenience store located at the southwest comer of Base Line Road and Carnelian Avenue. b. The location is along Base Line Road, a Major Boulevard, and Carnelian Avenue, and is suited for this type of business. c. The site is close to sensitive users such as elementary and high schools but the previous Chevron station sold alcoholic beverages for off-site consumption. No comments have been received from the Police Department. The site is not located in a high cdme area. d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. 3. Based upon the findings set forth in paragraphs I and 2 above, this Council concludes that the off-site sale of liquor, wine and beer will not have a negative impact to the surrounding uses. CITYCOUNCIL RESOLUTION NO. PNC 00-03 - CHEVRON June 7,2000 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this council hereby determines that the issuance of an Off-Sale General license for a liquor store would serve public convenience or necessity. 5. The City Clerk shall certify the adoption of this resolution. THE C ITY O F CUCAMONGA St/Remrt FROM: BY: SUBJECT: June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Donald Granger, Planning Technician PUBLIC CONVENIENCE OR NECESSITY 00-01-ULTRAMART- Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the issuance of a Type 20 Alcohol Beverage License (Off Sale Beer and Wine) for a gas station/mini-market, located at the northwest corner of Archibald Avenue and San Bernardino Road - APN: 208-131-25 and 32. Related file: Conditional Use Permit 00-05. RECOMMENDATION Approve the determination of "Public Convenience or Necessity" through adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS Back.qround: The applicant, Larry Beck, currently operates Ultramart, a gas station/mini- market at the northwest corner of Archibald Avenue and San Bernardino Road. On January 4, 1999, the City Planner issued an approval letter for the conversion of the photo house into a mini-market. On May 9, 2000, the City Planner approved Conditional Use Permit 00-05, permitting beer and wine sales for off-site consumption at the mini-market. B= Requirements from Department of Alcohol Beveraqe Control: The Department of Alcohol Beverage Control regulates the distribution of liquor by setting limits on the different types in each Census Tract. The limits are calculated from the ratio of liquor licenses to the population of the Census Tract. According to the Alcohol Beverage Control staff, the limit for ABC licenses within the Census Tract where the gas station/mini-market is located is sixteen. The ABC staff has informed the Planning Division that currently there are twelve active licenses. However, due to a moratorium on all new licenses within San Bernardino County, a determination of public convenience is required by the local agency, governed CiTY COUNCIL STAFF REPORT PCN 00-01 - ULTRAMART June 7, 2000 Page 2 by the provisions of Section 23958 of the Business and Professional Code. The legislation purposefully left the term "public convenience or necessity" undefined so that the local legislative body, the City CounciL, has the greatest latitude, based on local conditions and determinations. C. Facts to Support a Public Convenience or Necessity Determinatior~ The following are facts that support the requested "Public Convenience or Necessity:" 1. A mini-market, including the sale of beer and wine for off-site consumption, is a common and accepted business practice. The site, located at the northwest corner of Archibald Avenue and San Bernardino Road, is along a major arterial and is suited for this type of gas station/mini-market facility. On May 9, 2000, Conditional Use Permit 00-05 was approved for a Type 20 ABC license, allowing the sale of beer and wine for off-site consumption. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. CONCLUSION Based on the above analysis, staff finds the issuance of an ABC license for beer and wine sales for off-site consumption in conjunction with a gas station/mini-market will not have a negative impact to the surrounding uses. Staff recommends approval of the attached Resolution. Respectfully submitted, Brad Buller City Planner BB:DG:mlg Attachments: Exhibit 'W' - Letter from Applicant Exhibit "B" - Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval February 22, 2000 PROJECT DESCRIPTION My only intent for this Conditional Use Permit, is to sell beer and wine at UltraMart convenience store which is located on the same premises as Ultramar, the gasoline entity. I am applying for this C.U.P. in conjuction with the "Public Convenience and Necessity" standards as set forth by the A.B.C. Board, prior to licensing, for all cities in San Bernardino and Riverside Counties. Our business is in Census Tract 0020.05 in which 16 licenses are allowed with 12 licenses existing. ( See attached A.B.C. guidelines and related information concerning this application) My request for the privilege of selling beer and wine at this location is the result of customer demand and constant inquiries on a daily basis asking, "Where is your beer?" Rather than have our customers make an additional stop, (usually on the way home, between the hours of 3:30 P.M. and 6:30 P.M.) I would like to provide this convenience by catering to our customer demand. We at UltraMart take great pride in running a clean, well organized and viable business. Our business hours are from 5 A.M. to 11 P.M., Monday thru Friday and 6 A.M. to 11 P.M. Saturday and Sunday. We would not be allowed to sell beer or wine before 6 A.M., in accordance with A.B.C. Rules. At the present time an employee of at least 21 years of age or will be on duty during all business hours. It is normal that two employees are on duty at any given time. At the present time we have eight (8) cooler doors from which we sell sodas, bottled water, and limited dairy products. If. we are approved for the sale of beer and wine, we would allocate two (2) of our cooler doors to alcoholic beverages. I think our increase demand ~or "beer" requests could be a result of the 7-11 in the Millers Out post center, going out of business. Project: Title: i'-- Exhibit: m--t"o / / .L---' ANTER 1~5~ A~C-HIES/'LD .~,VE ILJLJU USIN~U;:5 'I'_KAUI AINU I:ILULI% UKUUI~ LULAI IUIN RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN A MINI-MARKET OF A SERVICE STATION, LOCATED AT THE NORTHWEST CORNER OF SAN BERNARDINO ROAD AND ARCHIBALD AVENUE - APN: 208-131-25 AND 32. A. Recitals. 1. Mr. Larry Beck has filed an application for a Type 20 ABC license (beer and wine for off site consumption) from the Department of Alcohol Beverage Control (ABC). 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience or necessity. 3. On the 7th day of June 2000, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council dudng the above-referenced meeting on June 7, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The selling of beer and wine for off-site consumption is a common and accepted business practice in conjunction with a mini-market and service station; and b. The site, located at the northwest corner of Archibald Avenue and San Bernardino Road, is along a major arterial and is suited for this type of gas station/mini-market facility; and c. On May 9, 2000, Conditional Use Permit 00-05 was approved for a Type 20 ABC license, allowing the sale of beer and wine for off-site consumption; and d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the sale of beer and wine for off-site consumption in conjunction with a minimarket and service station will not have a negative impact to the surrounding uses. CITY COUNCIL RESOLUTION NO. PCN 00-01 - LARRY BECK June 7, 2000 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this Council hereby determines that the issuance of a beer and wine license for off-site consumption in conjunction with a mini-market and service station will serve the public convenience or necessity. 5. The City Clerk shall certify to the adoption of this resolution. Jack: Please remove item D7 from the Consent Calendar per the attached letter. Deb Cc: Council JUN. 07 ' 2000 14: 08 9098902454 TAX&BOOKt<EEpING SOLUTIONS #0539 P.O01/OOi 9oaseo~4s4~ June 712000 KId A. CouP/. Associate Planner City of Ranche Cueamonge 10500 Civic Center Ddve Rancno Cucamonga, CA 91729 SUBJECT: Withtfmwl of Public Convenience and Necessity No, F;'C;N 00-02; AppliCation for on, si~e sale ot aleohrjt~e beverages. Dear Mr. CouP/: I, Dick Evltl, representing my clients Oarshen 5ingh and Oarshen Kaur. do hereby formally Withdraw/our application number PCN 00-02 tot e Public Cenvenlence and Necessity determination scheduled for CIty Ceundl review on June 7, L~OO. The space commorlWy knowrt as 9849-C Foothill Boulevard, located in the Plaza de Las Bdsas Shopping Center, has been leased to a tenant ether than Mr. Oarshen Singh and Mr. Damhen Kaur. Should you have ~ questlone or require any eddllional informalton, please de net hesitate to centeel. me at (909) 681-0296. Sincerely, THE CITY OF bANClIO CUCAMONGA St fffReport DATE: June 7, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: SUBJECT: Kirt A. Coury, Associate Planner PUBLIC CONVENIENCE OR NECESSITY 00-02 - KAUR - D.J. MARKET AND CHEAP SMOKE - Consideration of a request to make a determination of Public Convenience or Necessity (PCN) for the issuance of a Type 20 and 21 Alcohol and Beverage License (Off Sale Beer and Wine and Distilled Spirits) in a mini- market/liquor store in a leased space of 1,925 square feet of an existing shopping center in the Community Commercial designation of the Foothill Boulevard Specific Plan (Subarea 3), located at 9849 Foothill Boulevard, Suite "C" - APN: 208-301-16. Related File: CUP 00-06. RECOMMENDATION Approve the determination of the "Public Convenience or Necessity" through the adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control. ANALYSIS Backqround: The applicants, Darshan Kaur and Darshan Singh, will be operating a liquor store/mini-market located in the Plaza de las Brisas shopping center located at the southwest corner of Foothill Boulevard and Archibald Avenue. Conditional Use Permit 00- 06 was approved for the project by the City Planner on May 9, 2000. Requirements from Department of Alcohol Beveraqe Control: The Department of Alcohol Beverage Control regulates the distribution of liquor licenses by setting limits on the different types of licenses in each Census Tract. The limits are calculated from the ratio of liquor licenses to the population of the Census Tract. According to the Alcohol Beverage Control staff, there is a total of 26 active Off-sale (type 20 and 21) licenses within the Census Tract 21.00 where the proposed market is to be located, thus exceeding the Alcoholic Beverage Control's given limit of 16. When a Census Tract's limit has been reached, additional liquor licenses can be issued only if the City determines that the license would serve the public's convenience or necessity as required by Section 23958 of the Alcohol Beverage Control Act. The legislation purposefully left the term "public CITY COUNCIL STAFF REPORT PCN 00-02 - KAUR & SINGH June 7, 2000 Page 2 convenience and necessity" undefined so that the local legislative body, the City Council, has the greatest latitude based on local conditions and determinations. Facts to Support a Public Convenience or Necessity Determination: The following are facts that support the requested "Public Convenience or Necessity:" 1. On May 9, 2000, Conditional Use Permit 00-06 was issued for a liquor store/mini- market to be located on the south side of Foothill Boulevard between Ramona and Archibald Avenues. The site fronts onto Foothill Boulevard, which is a major commercial thoroughfare within the City. The site is not within 1000 feet of sensitive uses, such as day care facilities or schools. Single-family homes are developed to the south of the identified shopping center, separated by a 20-foot alley. A mobile home park exists east of the site, separated by Ramona Avenue. Conditions of Approval for the Conditional Use Permit restrict the market's hours of operation and delivery hours, which help mitigate potential conflicts between the mentioned land uses. Rancho Cucemonga residents would be afforded more shopping opportunities for personal and convenience items. CONCLUSION Based on the above analysis, staff finds the issuance of an Off-Sale General liquor I'icense would not have a negative impact to the surrounding uses. Staff recommends approval of the attached Resolution. Respectfully submitted, Brad Buller City Planner BB:KC\ma Attachments: Exhibit "A" - Applicant's Alcohol Beverage Control Application Exhibit "B" - Site Plan Exhibit "C" - Census Tract and Location Map Exhibit "D" - Applicent's Letter dated March 6, 2000 Resolution of Approval RESOLUTION NO. O~ -O~' L/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANGHe CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE LICENSE FOR A MINI- MARKET/LIQUOR STORE, IN THE COMMUNITY COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 3), LOCATED AT 9849 FOOTHILL BOULEVARD, SUITE "C," AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 208-301-16. A. Recitals. 1. Mr. Darshan Kaur and Mr. Darhsan Singh have filed an application for an off-site general sale of beer, wine and liquor license from the Department of Alcoholic Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will service the public convenience and necessity. 3. On the 7th day of June 2000, the City Council of the City of Rancho Cucamonga reviewed said application pdor to the adoption of this Resolution. 4, All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced meeting on June 7, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. On May 9, 2000, the City Planner issued Conditional Use Permit 00-06 for a mini- market/liquor store to be located at 9849 Foothill Boulevard, Suite "C." b. The application applies to property located in the Plaza Las Bdsas shopping center on Foothill Boulevard, a Major boulevard, between Archibald and Ramona Avenues, and is suited for this type of business. c. The site is not close to sensitive users, such as day care facilities or schools. d. Rancho Cucamonga residents would be afforded more shopping opportunities for personal and convenience items and services. e. The majority of the land area in Census Tract 21.00 where the mini-market/liquor store is proposed is zoned Industrial, which accounts for the low limit for Off-Sale General licenses. The majodty of the population is located west of Haven Avenue and north of Foothill Boulevard. /--// CITYCOUNCIL RESOLUTION NO. PCN 00-02 -KAUR & SINGH June 7,2000 Page 2 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the off-site sale of liquor, wine and beer will not have a negative impact to the surrounding uses. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this council hereby determines that the issuance of an Off-Sale General license for a mini-market/liquor store would serve public convenience or necessity. 5. The City Clerk shall certify the adoption of this resolution. APPLICATION QUESTIONNAIRE I~QTIGLTO ALL~ABI~LLGANTS NAME(St OF APPLICANT(St fla~t. First, Middle} .... 14-HaveYou'~velbeenI15RaveY°uevervtolaledenYoltheProvislonsofthe ff yes fo l~en114 or i5, convicled el s lelony? Alcoholic Beytie e Conlrol Act or regulations f)~h;,4 - t~ L~No ~.,.,,,..., ...;~.,.g ,o ,.~ A~. m Yes __ DYes_ ~7 CURRENT LICENSE 10 BE; EJ Translemd El Surrendered Upon Issumlce E] Cancalled Upon L3 Sunel~:lemd E) Ca~r. ded El Other, (spedf,/): _. t8 TRANSFEROR'S NAME PREMISES ADDRESS 3. TYPE OF TRANSACTION 4. EMPORARY PERMIT REQUESTED I:l Yes 6. PREMISES 1ELEPHONE NUMBER ) t I, CONTACT TELEPIIONE RUMBER m. Is P,emlses cunenuy Licensed;' l~ Yes ~. LICENSE NtJMSERJS) 20. ESCROW HOLDER'S NAME FINANCIAL INFORMATION 22. BOOKKEEPER/ACCOUNTANT __ : ; ADDRESS fNumb r & Street) 21. CONTACT TELEPrlCNE NUMSER ( ) CITY AND ZiP COte 23. CONTACT 1EI.EPIIONE NUMBER CITY AND ZIP CODE 25. CONTACT TELEPRONE NUMBER ( ) ._2.9_.__N_e~w _B_usJ_n_e__s_s_or ,Adding LIcense ne_al~t_y3r !nte~res__l]rherein $ Furniture/Fixtures $ hR/enlory $ _Ol_W_~e_r.(e.__g.', tt'orkin~g. Capital. Other Fees) $ TOTAL $ Comments: 3% ,t~,~,c~; W~iA~ ~^;~; S; xo~;~ ."~VEST~; 'S c^sn AND mOB WBAT SOURCE(S) / $ 30. Person to person Transfer " .-- -. · ,is'e.sa ,_Realty or Interesl Therein $ Furniture/Fixlures $ Inventmy $ Goodwill/HoR-Cornpele Covenant $ Leasehold Improvement $ EXHIBIT "A" INDIVIDUAL PERSONAL AFFIDAVIT [] Single ]~Marded [] Divorced / ,4 , ~ ~ ~ zoo ""~Z"'"'; 14.1AM ~ WILL BE ~ Officer ~ole Owner ~ Director ~ Stockholder ~ Padnet Q General Pa~er ~ Limited Padner [] Spouse [] Manager [] Other: [] Financier [] Food Lessee 16, WllJ- YOUR SPOUSE WORK ON PREMISES? PrYes [] No ....... r,~YeS E]No A4rv,~. OENIEO'SUSPENDED'REVOf(EO'ORANCFFER NCCMPROMSEA~(~EPTEDORREJECTED? IIfP~s*em&IxtBIn) [] Yes ,~'No From (mo/yr) To (mdyr) Type or work Finn name and city 20 HAVE YOU EVER, ANYWHERE OR AT ANY TIME, 1) FORFEITED BAIL 2} BEEN CONVICTED [3) FINED, OR (4) PtACED ON PROBATION FOR ANY VIOLATION OF THE LAW? Date of ,~nesl Race ot Anest Ottm Resu i s' 'o 1~'6'Ts ev s O MAR ~ 1 2000 City of Rancho CucamonC ,..I ulvr~b. Please read carefully and sign below. I have read all of the above 'and declare under penalty of perjury that each and every statement is true, correct and compelere. 21. APR, ICANT SIGNATURE X 23. DATE ST~,T~ OF CAUFOHN~A 'INDIVIDUAL PERSONAL AFFIDAVIT .... -.' r 4. PREMISES TELEpRONE NUMBER ( ) 6. HOME TELEPHONE NUMBER ( ) 7, MARITAL STATUS :; [] Single ~,Married [] Divorced [] Separated 9, PERSONAL DATA ~]Male [] Female Height: Weight: Hdir Color:' 0 - 14. I AM OR WILL BE [] OffiCer ~ Sole Owner [] Director [] Stockholder Pai:tnei' [] General Partner [] Limited Partner ( Eye Color.' [] Spouse [] Manager [] Other: [] Financier [] Food Lessee t6. W~t, YOUR SPOUSE WORK ON PREMISES? .~{~}Yes [:3No 17 DO YOU NOW HAVE ANY DIRECT, OR INDIRECT, INTEREST IN ANY OTHER ALCOHOLIC E~VERAGE EUStt,!ESS, OR HAVE YOU EVER BEEN AN ALCOHOUC BEVERAGE UCENS~ OR AN OFFICER OR DIRECTOR OF A CORPORATE LICENSEE IN OR OUTSIDE OF CALIFORNIA? Illyes. ~3q3e8~l) ' 18. HAVE YOU AS AN INDIVIDUAL, A pARTNER, OR WHILE AN OFFICER, DIRECTOR OR STI:X:KHOI, DER OF A CORPORATE APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE From (mo/yr) To (mo/yr) Type of work · --/~'yaV-s Cc~ r4-dr 0co tj6n- Firm name and city HAVE YOU EVER, ANYWHERE OR AT ANY TIME, 1) FORFEITED BAIL. 2) BEEN CONVICTED, (3) F NED. OR (4) H, ACED ON PROBATION FOR ANY VIOLATION OF THE LAW? {5)ARE YOU NOWACTIVELy BEING PROSECUTE~FOR ACRIMINAL O~FENSE? (Ifanyoflhesee~nshasoccuneci, thts rldesEonmuslbeanswered'Yes'mgardies~dsu~sequenl- E} Yes Dale of Arrest · Place of Arrest Offarise ...... Result/Di.sp~s_ition " RECEIVED .._T iq,~ Z,~e,- /?:~.,.. 4%~,~, "' MAR 2 1 2000 City of Rancho Cucamong r,~ DIVISIOFI Please read carefully and sign below. I have read all of the above and declare under penalty of perjury that each end every statement is true, correct and complete. X SUPPLEMENTAL D RAM ~..~.,,~,,,~..~...:...v,.^.,~-. ..... '. ....... .... - ~_ described on Form ABC-~57 Is toc8ted O, OH which an event Io~ n dally lype license, c~lefin~ authorizelion or mlscell~neou~ u~e will DIAGRAM .................................. FOOTHILL ' ' , EXHIBIT "B" .... ~leese ~eed eerelully end sign beloW. " Ihe~ein i~ ~.hich ~ ~h n c ~ere~e~ w ~ ~0 d~ ee~e~ con~ume~. ~e~e~ ~ ~to~d I~ Ih~t ~tlo, dcsi ,~led a~ve en~ on F~m A~C-2~7 cen~umptlon e( riceitalic ~vetege~ will ~ co6hn~d to In Ne, designated In th~ disgr~ ~nd t~lsd I~ Fevtnt vlot~l;6n~ of the AlcohbliC' ' ' Beverage Con.el Act. I declare under ~nnl~ of ~tju~ Ihnt the lmeloi. I I~ line 0~ ~l. .. ~,~ M~R ~ i Z00O City of Rencho CucamonC · ~ Division 1990 CENSUS TRACT AND BLOCK GROUP LOCATION ~ 20.~3 "' " ~ 1 , 1 20"02WI'~LSO~ AV( ~T AV - 9 ~ 7 i-:~ :~:;:. ,~..,~:i'~~ ~ H s~ ~ LETTER March 6, 2000 City ofRancho Cucamonga Community Development Department 10500 Civic Center Drive Rancho Cucamonga, CA. 91730 To Whom It May Cqn, q~em: ~ RECEIVED MAR ~ 3 21II) City of Rancho Cucamor~ ~. i,? Division This letter iS submitted in accordance with the Checklist for Non-Conslxuction Conditional Use Permit. I have lost the lease to my present convenience store located at Rancho Cucamonga. I am forced to move my alcoholic beverage license to a new location which is located at 9849 C, Foothill Blvd., Rancho Cucamonga. This store will be open for business from 6AM to 2AM for the convenience of customers. During the busy hours, 3 PM to 8 PM, I will normally have two employees on hand to serve them. It is therefore respectfully requested that consideration be given for the convenience market and grant the Conditional Use Permit along with the Lettel' of Public Convenience or Necessity for the Department of ABC in order that they may issue the liquor license.. Sincerely, DARSHAN SINGH DARSHAN KAUR EXHIBIT "D" PUBLIC LIBRARY CUCAMONGA S fRe rt DATE: June 7, 2000 TO: Mayor and FROM: SUBJECT: Members of the Rancho Cucamonga City Council Jack Lam, AICP, City Manager Deborah Kaye Clark, Library Director ACCEPTANCE OF $10,000 FROM THE FRIENDS OF THE RANCHO CUCAMONGA PUBLIC LIBRARY AND APPROVAL TO APPROPRIATE AN ADDITIONAL $5,000 INTO LIBRARY EXPENDITURE ACCOUNT RECOMMENDATION Approve acceptance of $10,000 received from the Friends of the Rancho Cucamonga Public Library to revenue account 02 3901 1510 and appropriate an additional $5,000 into the 02-4532 Fund in the following manner: 3900 Library Materials $ 5,000 BACKGROUND/ANALYSIS The Friends of the Rancho Cucamonga Public Library operate the bookstore located in the Library. For the year 1999/2000, the library budgeted for an anticipated $70,000 in revenues. The Friends of the Library have increased that donation to $75,000. The additional $5,000 has been earmarked for the purchase of library materials. By this action, ~Jnds will be appropriated into the correct expenditure account. FISCALIMPACT: None, expenditure is balanced by revenue increase. PUBLIC LIBRARY St Re rt DATE: June 7, 2000 TO: Mayor and Members of the Rancho Cucamonga City Council Jack Lam, AICP, City Manager FROM: Deborah Kaye Clark, Library Director SUBJECT: ACCEPTANCE OF $20,000 DONATION FROM THE RANCHO CUCAMONGA PUBLIC LIBRARY FOUNDATION AND APPROVAL TO APPROPRIATE $20,000 INTO LIBRARY EXPENDITURE ACCOUNT RECOMMENDATION Approve acceptance of the sum of $20,000 donated by the Rancho Cucamonga Public Library Foundation Board into revenue account 02 3901 1513 and appropriate $20,000 into expenditure account 02-4532 Fund in the following manner: 3900 Library Materials $ 20,000 BACKGROUND/ANALYSIS The Rancho Cucamonga Public Library Foundation conducts a Library Te]ethon to support special library programs and services. For the year 1999/2000, the Foundation budget called for $20,000 to be used for the purchase of Children's materials. FISCAL IMPACT: None, expenditure is balanced by revenue increase. :tfully submitted_(~Oj~ RANCHO COMMUNITY C UCAMONGA SEI~VICES DATE: TO: FROM: BY: SUBJECT: June 7, 2000 Mayer and Members of the City Council' Jack Lam, AICP, City Manager Kevin McArdle, Community Services Director Dave Moore, Recreation Superintendent CONSIDERATION OF LIGHT VARIANCE REQUEST FOR ALL-STAR TOURNAMENTS HOSTED BY ALTA LOMA LII'I'LE LEAGUE, CITRUS LITTLE LEAGUE, AND DEER CANYON LITTLE LEAGUE ON JULY 1 - AUGUST 10, 2000 AT HERITAGE PARK. RECOMMENDATION The Park and Recreation Commission recommends that the City Council approve a temporary variance of the Outdoor Athletic Lighting Policy to allow for light use until 11:00 p.m. on two of the baseball fields at Heritage Park from July I - August 10, 2000 (excluding Sundays). The light variance is being requested for a regional All-Star Tournament sponsored by the local little league organizations. Games will begin at 6:00 p.m. BACKGROUND The current Outdoor Athletic Lighting policy prohibits any light use beyond 10:00 p.m. except for when a light variance has been approved. Similar tournaments have been hosted over the past several years and light variances have been permitted. No complaints have been received from residents near Heritage Park in the past concerning use of lights past 10:00 p.m. during similar tournaments. Games generally last one and one-half to two hours (1 ~ - 2) each. Most games will conclude by 10:00 p.m. ANALYSIS The requested variance would apply to the two smaller little league ball diamonds located on the west side of Heritage Park. The Park and Recreation Commission requests that the City Council continues with the current policy by providing a light variance only for extended, overtime or extra innings, which is necessary for tournament play. MAYOR AND MEMBERS OF THE CITY COUNCIL CONSIDERATION OF LIGHT VARIANCE REQUEST June 7, 2000 Page 2 As in the past, the leagues are to provide the City with a draft of the notice to the neighbors a minimum of two weeks prior to the games. This notice has been required by the City Council so that surrounding neighbore are aware that a light variance has been permitted by the City to accommodate little league all-star play and any questions regarding use should be addressed to the City or League representatives. The leagues will also include night and weekend contact phone numbers in the event any residents need to talk to someone immediately concerning the little league's usage of the fields or lights during those dates. Once the draft notice is approved, the leagues must distribute the notice to the neighbors who adjoin the park. A final tournament bracket will also be submitted to the City before June 27, 2000. Attached, you will find a copy of the current Light Variance Policy. es i Kevin 1 Comm cArdie ~ity Services Director Attachment CITY OF RANCHO CUCAMONGA COMMUNITY SERVICES DEPARTMENT LIGHT VARIANCE POLICY POLICY NO.: 50040 PAGE 1 OF 3 EI~'I~ECTIVE: 11/1/92 REVISED: APPROVED: 10/18/92 CC SUBJECT: LIGHT VARIANCE POLICY PURPOSE: To specify guidelines for the request and use of sports field lights after normal operating hours. POLICY: The following procedures will be followed by all community based youth sports groups who desire to request and use lighted sports fields after normal operating hours. GENERAL POLICIES AND GUIDELINES: There are some occasions throughout the year that may require a youth sporting event to exceed the normal 10:00 p.m. sports fields' light curfew. However, it is important to develop some procedures that insure that neighboring residents are not negatively impacted by an approved light variance. Outlined below is a set of guidelines that specifies a process for requesting such a variance and how it should be implemented. Non-profit community based youth sports groups may request a variance to extend light use for City park sports fields beyond normal operating hours. Current operating hours conclude at 10:00 p.m. Monday through Saturday and no use of lights is permitted on Sundays. The request must be for a special occasion of some type such as Regional Little League All Star Playoffs, etc. Normal league play or practices are not eligible for consideration under this request. A request must be submitted in writing to the Community Services Director two months prior to their requested use. This allows the department to review their request and submit it for review and approval to the Park and Recreation Commission and the City Council. The request must then be presented to the Park and Recreation Commission for their review and approval. The Park and Recreation Commission must then forward their recommendation to the City Council for their final review and approval. LIGHT VARIANCE POLICY MAY 18, 2000 PAGE 2 If such a request receives final approval from City Council then that organization must provide home phone numbers and a fact sheet giving details of the tournament. Furthermore, it must be distributed by the leagues or organization to homeowners within two blocks of the parks two weeks before the tournament or event. The flier must be delivered in person to each resident or weighted in some fashion to their doorstep. The flier will include home phone numbers of a distdct or regional representative and any league presidents. In addition, any pay or designated phones at the fields will also be provided so immediate contact can be obtained with the tournament directors. This will be accomplished at league expense. "NO PARKING" signs will be posted on the resident side of streets adjacent to parks in use on Saturdays and Sundays by the requesting organization with signs provided by the City. A separate flier will be distributed to league or tournament participants stating that no noisemakers are allowed and that participants/guests are requested to leave the park area quietly. Overflow parking will be monitored by the requesting organization and signage provided directing participants to park at additional parking facilities nearby. Pdor approval must be obtained to use these parking facilities. 10. Organized scheduled athletic events sound amplification equipment will be allowed in City parks, but limited to public address systems, stereo equipment, stationary and portable components and bull horns, subject to the following conditions: a. Request to use the Public Address (P.A.) System must be included on the field use application or submitted separately prior to any usage. Amplified sound systems will be checked prior to the tournament or event and a "lock off' device used to prevent the audio from being turned up. Staff will drop in unannounced to monitor at least three times a week during the tournament. A fee of $90 will be paid in advance to cover monitoring costs. If additional monitoring is needed, it will be billed at $10.00 an hour. Announcing will be limited to: · General welcome. · Introduction of teams. · Announcement of player to the plate. · Recap of runs and score between innings. Furthermore, power limits are to be set so as not to exceed 74DBA at 300 feet in circumference from the sourca or property line, which ever is closer. No sound from a Community Services appreved event can exceed a noise level (slow, 74dBA, "A" weighted scale) measured at the nearest property line, for a LIGHT VARIANCE POLICY MAY 18, 2000 PAGE 3 cumulative pedod of not morn than five (5) minutes in any one hour, whether or not the sounds am live, recorded, amplified or necessary to the event (i.e. generatore). All users will be responsible for guaranteeing the sound level not exceed 74DBA by installing permanently an automatic control system to be tested and approved by the City prior to the start of the tournament. e. The direction of sound from the P.A. System speakers will be toward spectators and/or bleacher areas and away from residential areas. f. The P.A. System use will be permitted only between the hours of 9:00 a.m. and 9:30 p.m. Monday through Saturday, unless otherwise approved by City Council. g. Only persons 18 years and older will be allowed to operate the Public Address System. All Public Address System use for athletic events must pertain to the game being played. Special announcements should be kept to a minimum. In no case will play-by-play announcing be permitted. Failure to comply with the above requirements by user groups will result in one of the following: · First Offense: Verbal warning followed by written communication. · Second Offense: Payment of staff time to monitor sound system at rate set in Music and Amplification Policy at the next set of games. · Third Offense: Loss of system use. 11. Lights are to be tumed off as soon as possible after the completion of the last game, but not to exceed 11:00 p.m. hCOMMSERV~Policies\LightVadancePolicy.5.4.00 CHO CUCAMONGA ENGINI~EI~ING DEPAI~TMENT S ffReport DATE: TO: FROM: BY: SUBJECT: June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Henry Murakoshi, Associate Engineer-.- APPROVAL OF A RESOLUTION ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DR 99- 69CUP 98-17, LOCATED AT THE NORTHWEST CORNER OF 9TM STREET AND HELLMAN AVENUE, SUBMITTED BY ROBERT GIBBS RECOMMENDATION: It is recommended that the City Council adopt the attached resolution ordering the annexation of certain territory to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. I and 6, for DR 99-69. BACKGROUND/ANALYSIS: DR 99-69, located at the northwest corner of Hellman Avenue and 9th Street, was approved by the City Planner on March 1, 2000 for a request to construct 19,326 square foot industrial building on 1.32 acres of land. Respectfully submitte. d, William J. O'Neil City Engineer WJO:HM:sd Attachment SO TIONNO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION TO OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-69 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Califomia, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. VICINITY MAP 8TH VICINITY MAP C~TY OF RANCHO CUCAMONGA NOT TO SCALE CITY OF FIA!ICHO CUCAMONGA COUNTY OF SAN BEI:t:tNARDINO STATE OF CALIFORNIA Exhibit A To Consent And Waiver To Annration Of Certain Real Properly To A Landscape Maintemmce District And Approval Of The Levy Of Auessments On Such Real Property Identification of the Owner and Description ~f the Property TI~ Owner of the Prop~yis: ROBERT GIBBS The bgal ck:scription oftl~ Property is: EXHIBIT "B" WORK PROGRAM PROJECT: DR 99-69 STREET LIGHTS: DiM. 5800L S1 S6 NUMBER OF LAMPS 9500L 16,000L 22,000L 27,500L LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L3B Tuff S.F. Non-Turf S.F. Trees Ea. 6 * Existing items installed with original project. ASSESSMENT UNITS: Assessment Units By District S1 S2 L3B Parcel Acres 1.32 Annexation Date: June 7, 2000 Form Date 11/16/94 RANCH 0 CUCAMONGA ENGINEEI~ING D]~PA~TH~NT S cport DATE; FROM: BY: SUBJECT: June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer APPROVAL OF MAPS, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, INTERIM BASIN MAINTENANCE AGREEMENT AND ORDERING THE ANNEXATION TO STREET LIGHT MAINTENANCE DISTRICTS NO. 1 AND 8 FOR TRACT MAPS NUMBER 15711-1 AND 15711-2, LOCATED NORTH OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, SOUTH OF INTERSTATE 15 FREEWAY AND WEST OF EAST AVENUE, SUBMITTED BY R.C. HOMES, LLC RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Tracts 15711-1 and 15711-2, accept the subject agreements and securities, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 8 and authorizing the Mayor and the City Clerk to sign said agreements and cause said map to record. BACKGROUND/ANALYSIS Tentative Tract 15711, located north of Foothill Boulevard, east of Etiwanda Avenue, south of Interstate 15 Freeway and west of East Avenue was approved by the Planning Commission on August 14, 1996 for the division of 80.39 acres into 282 lots. The Developer, R.C. Homes, LLC, is submitting an agreement and security to guarantee the construction of the off-site improvements for the first 2 of 3 final maps in the following amounts: Faithful Performance Bond Labor and Material Bond Tract 15711-1 $2,945,000.00 $1,472,500.00 Tract 15711-2 $2,156,000.00 $1,078,000.00 Landscaping $620,500.00 $310,250.00 CITY COUNCIL STAFF REPORT TRACT MAPS NUMBER 15711-1 AND 15711-2 June 7, 2000 Page 2 Copies of the agreement and security are available in the City Clerk's Office. Letters of approval has been received from the high school and elementary school districts and Cucamonga County Water District. C.C. & R.'s have also been approved by the City Attorney. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully Submitted, City Engineer Attachments CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION NORTH f[ NTS ITEM: Tracts 15711-1 and 15711-2 TITLE: Vicinity Map RESOLUTION NO. 00- 0 q6~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAPS NUMBER 15711-1 AND 15711-2, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND INTERIM BASIN MAINTENANCE AGREEMENT WHEREAS, Tentative Tract Map No. 15711, submitted by Diversified Pacific Homes, Ltd., and consisting of 282 lots generally located north of Foothill Boulevard, east of Etiwanda Avenue, south of the Interstate 15 Freeway and west of East Avenue, was approved by the Planning Commission of the City of Rancho Cucamonga, on August 14, 1996, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Maps No. 15711-1 and 15711-2 are the first 2 of 3 final maps of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by R.C. Homes, LLC, as developer; and WHEREAS, said Developer submits for approval said Tract Maps offering for dedication, for street, highway and related proposes, the streets delineated thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement, said Improvement Securities and said Interim Basin Maintenance Agreement submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement and Maintenance Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Maps No. 15711-1 and 15711-2 are hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. Oo-Oq7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAPS 15711-1 AND 15711-2 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the Slate of Califomia, said special maintenance dislrict known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of A~icle 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the Slate of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory') be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit C attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. TRACT 15711-1 AND TRACT 15711-2 June 7, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To be Annexed The Owner of the Property is: RC Homes, LLC, a California Limited Liability Company The legal description of the Property is: Tract No. 15 7 11 - 1 Parcel No. I: The south ¼ of Lot 1, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Parcel No. 2: All that portion of the of the east ~ of Section 4, Township 1 south, Range 6 west, San Bemardino base and meridian, in the City of Rancho Cucamonga, County of San Bemardino, State of California, according to the official plat thereof, lying east of the east line of the south ~ of Lot 1, Block "Y", Etiwanda Colony Lands, as per plat filed in Book 2 of Maps, Page 24, records of said County, and lying west of the west line of East Avenue, and lying north of the easterly prolongation of the south line of said south ~, and lying south of the easterly prolongation of the north line of said south %. Excepting an undivided ~ of all oil, gas and minerals; and an undivided ¼ of all oil, gas and mineral rights upon and under the land herein described, as contained in the deed from Security First National Bank of Los Angeles to Walter T. Casey, a married man, recorded August 21, 1937, in Book 1219, Page 483, official records, but without the right of entry upon the surface of said property herein described, as quitclaimed by instruments recorded October 10, 1952, in Book 3035, Page 303, Official Records; and April 19, 1966, in Book 6610, Page 590, Official Records. Parcel No. 3: Lots 2 and 7, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bemardino, State of Califomia, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Excepting therefrom the west 16.5 feet of Lot 2. Exhibit A (continued) Parcel No. 4: Lots 5 and 6, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Parcel No. 5: Lot 10, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Raneho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. Excepting therefrom a ¼ interest of all oil and other minerals under and in said land, without right of surface entry, as reserved by Berenice W. Johnson, et al., by deed recorded January 9, 1979, in Book 9596, Page 288, official records. Parcel No. 6: That portion of the southwest ¼ of Section 4, Township 1 south, Range 6 west, San Bernardino base and meridian, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County, more particularly described as follows: Bounded on the north by the south line of said Lot 10, on the east by the east line of said Lot 10 extended south to the south line of said ~A section; on the south by the south line of said ¼ section; on the west by prolongation of the west line of said Lot 10 to the south line of said ¼ section. Excepting therefrom a ~ interest of all oil and other minerals under and in said land, without right of surface entry, as reserved by Berenice W. Johnson, et al., by deed recorded January 9, 1979, in Book 9596, Page 288, official records. Tract No. 15711-2 Lots 5, 6 and 7, Block "Y", according to the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 2 of Maps, Page(s) 24, records of said County. The above described parcels are shown on sheet A-3 attached herewith and by this reference made a part hereof. Exhibit A (Continued) CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION NORTH 1"= 400' A-3 ITEM: Tracts 15711-1 and 15711-2 TITLE: Annexation to SLD #1 and SLD #8 Exhibit B Description of the District Improvements Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) Street Light Maintenance District No. 1 (SLD # 1 ) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. · STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tracts 15711-1 and 15711-2 Street Lights 5800L 9500L SLD #1 16 SLD #8 82 Number of Lamps 16,000L 22,000L 27,500L B-1 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical # of Assessment Assessment Assessment Land Use Unit Type Physical Units Units Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi-Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Commemial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Toml $483,560.00 The Proposed Annual Assessment against the Property is: $17.77 191 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $3,394.07 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and Use Unit Type Units Units Factor Units Unit Revenue Single Family Parcel 81 1.00 81 $193.75 $15,694.00 The Proposed Annual Assessment against the Property is: $193.75 191 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = $37,006.25 Annual Assessment C-I 7/ THE CITY ~ANCHO 0 F CUCAMONCA DATE: TO: FROM: SUBJECT: June 7, 2000 Jack Lam, AICP, City Manage IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, INTERIM BASIN MAINTENANCE AGREEMENT AND ORDERING THE ANNEXATION TO STREET LIGHT MAINTENANCE DISTRICTS NO. I AND 8 FOR TRACT MAP NUMBER 15912, LOCATED AT THE SOUTHWEST CORNER OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SUBMI'I'FED BY RYLAND HOMES Staff request Consent Calendar Item D-13, "Approval Of Map, Improvement Agreement, Improvement Security, Interim Basin Maintenance Agreement And Ordedng The Annexation To Street Light Maintenance Districts No. 1 And 8 For Tract Map Number 15912, located at the southwest corner of East Avenue and the Southern Pacific Railroad right-of-way, submitted by Ryland Homes" be removed from tonight's agenda to allow staff to make minor revisions to the Interim Basin Maintenance Agreement and obtain a security deposit from the developer. Staff will re-schedule the item for a future City Council meeting. WJO:dlw RANCHO CUCAMONGA F~NC, INEEI~ING DEPAI~THENT DATE: FROM: BY: SUBJFL~; June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Betty A. Miller, Associate Engineer APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, INTERIM BASIN MAINTENANCE AGREEMENT AND ORDERING THE ANNEXATION TO STREET LIGHT MAINTENANCE DISTRICTS NO. 1 AND 8 FOR TRACT MAP NUMBER 15912, LOCATED AT THE SOUTHWEST CORNER OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SUBM/TTED BY RYLAND HOMES RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract 15912, accepting the subject agreements and security, ordering the annexation to Street Lighting Maintenance District Nos. 1 and 8 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tentative Tract 15912, located at the southwest comer of East Avenue and the Southern Pacific Railroad right-of-way in the Low-Medium Residential District of the Etiwanda Specific Plan, was approved by the Planning Commission on October 14, 1998 for the division of 10 acres into 26 lots and an interim detention basin. The Developer, Ryland Homes, is submitting an agreement and securities to guarantee the construction of the off-site improvements in the following amounts: Tract 15912 Faithful Performance Bond Labor and Material Bond $962,000.00 $481,000.00 7; CITY COUNCIL STAFF REPORT TTRACT 15912 - RYLAND HOMES June 7, 2000 Page 2 Copies of the agreement and security are available in the City Clerk' s Office. Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. & R.'s have also been approved by the City Attomey. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully Submitted, Willi~.O~eil City Engineer Attachments CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION / NORTH ~ NTS ITEM: Tracts 15911 and 15912 TITLE: Vicinity Map RESOLUTION NO. C~)~- ~ ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 15912, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND INTERIM BASIN MAINTENANCE AGREEMENT WHEREAS, Tentative Tract Map No. 15912, submitted by John Friedman, and consisting of 26 single family lots and an interim detention basin located at the southwest comer of East Avenue and the Southern Pacific Railroad right-of-way, was approved by the Planning Commission of the City of Rancho Cucamonga, on October 14, 1998, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 15912 is the final map of the division of land appmved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Ryland Homes as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement, said Improvement Security and said Interim Basin Maintenance Agreement, submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to'sign said Maintenance and Improvement Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Map No. 15912 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. 75 RESOLUTION NO. e> b - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 15912 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements''); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Tenitory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit C attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. TRACT 15912 June 7, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all tree and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied ag. ainst the Territory and approves and orders the levy of annual assessments against the Territory m amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proeeedings ofthe Maintenance Districts, including the levy ofall assessments, shall be applicable to the Territory. 77 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: Ryland Homes of California, Inc., a Delaware Corporation, dba Ryland Homes The legal description of the Property is: Tract No. 15912 Lot 9 in Block "K" as shown on the Preliminary Map of the Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as shown by map on file in Book 2, Page 24 of Maps, in the office of the County Recorder of said County. The above described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit A (Continued) i CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION A-2 NORTH ~ 1''= 200' ITEM: Tract 15912 TITLE: Annexation to SLD #1 and SLD #8 Exhibit B Description of the District Improvements Fiscal Year 2000/2001 STREET LIGHT MAINENANCE DISTRICT NO. 1 (ARTERIAL STREETS) Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial meets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Etiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 15912 Street Lights 5800L 9500L SLD #1 5 SLD #8 12 Number of Lamps 16,000L 22,000L 27,500L Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical #of Assessment Assessment Assessment Land Use Unit Type Physical Units Units Unit Revenue Single Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Multi-Family Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property is: $17.77 23 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $408.71 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type Ilnitq Ilnit~ Factor Units Unit Revenue Single Family Parcel 81 1.00 81 $193.75 $15,694.00 The Proposed Annual Assessment against the Property is: $193.75 23 Parcels x 1 A.U. Factor x $193.75 Rate Per A.U. = $4,456.25 Annual Assessment C-I RAN C HO C U CAM O N GA ENGINI:ED1,NG DI~D~D~EN~ S fRepo DATE: June 7, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda Beek, Jr. Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 14207, LOCATED AT WILSON AVENUE, W/O BERYL S/O HERITAGE, SUBMITTED BY H & W CONCORDIA RC-28, LLC RECOMMENDATION: It is recommended that the City Council adopt the attached resolution, accept the subject agreement extension and authorize the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS: Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 14207 were approved by the City Council on May 19, 1999. The developer, H & W Concordia RC-28, LLC, is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. William J. O'Neil City Engineer WJO:LRB:Is RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14207 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on May 19, 1999, by H & W Concordia RC-28, LLC, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at Wilson Avenue, W/o Beryl S/o Heritage. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 14207; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, Califomia hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. HILLSIDE BANYAN HILLSIDE WILSON TRACT 1~?07 .., uPLAN ~ i i BABELINE CHURC,4 SAN BEPNARDiM) i , ;' 4lh ONTARIO  Vi;T/FONTANA // - THE CiTY OF N OF SOUTHERN CALIFORNIA April 21, 2000 MAYO 42000 ~Iy 0;': ~p,i'tC~O CtjCAM'TM'IGA City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: TR 14207 Gen~emen: We hereby request an extension of our Improvement Agreement. The work covered by the Improvement Agreement is complete except for the capping of the streets. This work will be performed upon completion of our on-site construction. We expect to have this work complete in October of this year. Project Manager 1131 West Sixth Street · Suite 110 · Ontario, CA 91762 · Tel (909) 988-9000 · Fax (909) 988-5122 WWW.CONCORDIAHOMES.COM RANCHO CUCAMONGA ENGINEEI~ING DRPAI~TFI~NT S R port DATE: TO:. FROM: SUBJF_.C'T: Jane 7, 2000 Mayor and Members of the City Coancil Jack Lam, AICP, City Manager AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $483,277.53 ($439,343.21 PLUS 10% CONTINGENCY) FOR THE EAST AVENUE AND VICTORIA STREET IMPROVEMENTS, TO THE APPARENT LOW BIDDER ALL AMERICAN ASPHALT, TO BE FUNDED FROM TRANSPORTATION FUND ACCOUNT 22-4637-9917. RECOMMENDATION: It is recommended that the City Council award and authorize for execution the contract for the East Avenue and Victoria Street improvements, to the apparent low bidder, All American Asphalt, to be funded from Transportation Fund account 22-4637-9917. BACKGROUND ANALYSIS: Per previous Coancil action, bids were solicited, received and opened on May 23, 2000, for the subject project. The Engineer's estimate was $444,604. Staff has reviewed all bids received and foand them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and found all bidders to meet the requirements of the bid documents. Resgec. t~ully submitted, , City Engineer WJO:CH:dbm Attachment CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS FOR EAST AVENUE AND VICTORIA S~REET IMPROVEMENTS Eids Opened on May 23, 2000 No. Description Meesule Engineers Estimate = $444,604.00 All American Asphalt Vance Corp. Gentq Bro's Total Total Total Unit Price BM Unit Pdca Bid Unit Price Bid $12,500.00 $12,500.00 $9,500.00 $9,500.00 $ 17,000.00 $17,000.0( $450.00 $13,050.00 $550.00 $15,~50.00 $ 700.00 $20,300.0( $0.14 $10,844.40 $0.15 $11,619.00 $ 0.35 $27,111.0( $15.70 $25,810.80 $12.00 $19,728.00 $ 15.00 $24,660.00 $9.40 $3,760.00 $5.50 $2,200.00 $ 17.00 $6,800.00 $270.00 $540.00 $130.00 $260.00 $ 150.00 $300.00 $60.00 $360.00 $60.00 $360.00 $ 150.00 $900.00 $11.15 $41,444.55 $11.00 $40,887.00 $ 10.00 $37,170.00 $34.20 $111,765.60 $31.00 $101,308.00 $ 31.00 $101,308.00 $2.62 $1,729.20 $4.00 $2,640.00 $ 5.00 $3,300.00 $79.00 $653.00 $85.00 $595.00 $ 50.00 $350.00 $430.00 $1,720.00 $620.00 $2,480.00 $ 200.00 $800.00 $10.00 $21,489.00 $10.50 $22,554.00 $ 12.00 $25,776.00 $8.15 $11,312.20 $7,00 $9,716.00 $ 6.00 $8,328.00 $57.00 $1,388.00 $18.50 $444.00 $ 20.00 $480.00 $1.84 $19,603.36 $2.65 $28,233.10 $ 2.25 $23,971.50 $8.90 $3,764.70 $4.75 $2,009.25 $ 3.25 $1,374.75 $14.60 $2,058.60 $15.00 $2,115.00 $ 16.00 $2,256.00 $0.00 $0.00 $0.00 $0.01~ $0.00 $0.00 $0.00 $0.00 $0.0C $9,500.00 $9,500.00 $6,700.00 $6,700.00 $ 2,000.00 $2,000.0C $1,660.00 $3,320.00 $1,650.00 $3,300.00 $ 800.00 ~ $1,600.0C $0.00 $6.00 $0.00 $0.00 $0.0(~ $1,660.00 $3,320.00 $1,650.00 $3,300.00 $ 800.00 $1,600.0~ $0.00 $6.00 $6.00 $6.00 $0.0C $110,000.00 $110,000.00 $110,560.00 $110,560.00 $ 108,000.00 $108,000.0C $7.99 $16,938.80 $8.00 $16,960.00 $ 8.50 $18,020.00 $7,600.00 $7,600.00 $7,600.00 $7,600.00 $ 8,000.00 $8,000.0~ $5,000.00 $5,000.00 $21,360.00 $21,360.00 $ 4,000.00 $4,000.0C ITOTAL: $439,343.21 ITOTAL: $442,378.35 I TOTAL: $445,405.25 I CITY OF RANCH0 CUCAMONGA SUMMARY OF PROPOSALS FOR EAST AVENUE AND VICTORIA STREET IMPROVEMENTS SidS Opened on May 23, 2000 Engineers Estjrnata = $444,604.00 Laid ConBtrucUon Holland-Lowe Const, H & H Gen'l Contractors Total Total Total Unit Price BId Unit Price Bid Unit Prim Bid $49,725.00 $49,725.00 $39,990.00 $39,890.00 $ 40,000.00 $40,000.0~ $255.00 $7,395.00 $398.00 $11,542.00 $ 380.00 $11,020.0C $0.25 $19,365.00 $0.24 $18,590.40 $ 0.20 $15,492.0C $13.75 $22,605.00 $19.55 $32,140.20 $ 8.00 $13,152.0( $10.00 $4,000.00 $9.55 $3,820.00 $ 6.00 $2,400.0( $100.00 $200.00 $164.00 $328.00 $ 180.00 $360.0C $75.00 $450.00 $11.00 $66.00 $ 90.00 $540.0( $10.50 $39,028.50 $10.30 $38,285.10 $ 15.00 $55,755.0( $29.75 $97,223.00 $32.75 $107,027.00 $ 33.25 $108,661.00 $4.00 $2,640.00 $5.15 $3,399.00 $ 3.60 $2,376.00 $50.00 $350.00 $112.00 $784.00 $ 180.00 $1,260.00 $500.00 $2,000.00 $398.00 $1,592.00 $ 240.00 $960.00 $10.50 $22,554.00 $9.65 $20,728.20 $ 10.00 $21,480.00 $6.75 $9,369.00 $5.65 $7,542.20 $ 4.50 $6,246.00 $25.00 $800.00 $17.30 $415.20 $ 40.00 $~60.00 $2.25 $23,971.50 $2.00 $21,308.00 $ 2.00 $21,308.00 84.50 $1,903.$6 $3.70 $1,565.10 $ 5.00 $2,115.00 $15.00 $2,115.00 $14.85 $2,093.85 $ 17.00 $2,397.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $2,000.00 $8,678.00 $8,678.00 $ 3,000.00 $3,000.00 $1,250.00 $2,500.00 $1,372.00 $2,744.00 $ 2,004.00 ~ $4,008.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,500.00 $3,000.00 $1,580.00 $3,160.00 $ 2,870.00 $5,740.00 $6.00 $0.00 $6.00 $0.00 $0.00 $112,500.00 $112,500.00 $110,600.00 $110,600.00 $ 110,000.00 $110,000.00 $7.50 $15,900.00 $8.10 $17,172.00 $ 10.40 $22,048.00 $7,500.00 $7,500.00 $7,600.00 $7,600.00 $ t0,000.00 $10,000.0~ $5,000.00 $6,000.00 $4,600.00 $4,600.00 $ 9,984.00 $9,984.00 |TOTAL: $453,894.50 |TOTAL: $464,070.251 TOTAL: $471,282.o0; CITY OFRANCHO CUCAMONGA SUMMARY OFPROPOSALSFOR EASTAVENUEAND~CTOR~Sll~EETIMPROVEMENT8 Bids Opened On May 23, 2000 Item Item Unit of No. Descdption Messum I Clearing and Grabking LS 2 Remove Trees (Size Varies) EA 3 Remove/~C. Pavement SF 4 Undaesifed Excavelto~ CY 0 Rdocate CableN~re Fence LF 5 Relocate Mall Box EA I Relocate Traffic Signs EA 8 Crashed Aggregate Bose TONS 9 Asphalt Concrete TONS 10 0.10' Cold Plane SY t I AdJ Water VaNe/Meter to grade EA t2 Adjust Manhale to Grade EA t3 8" P.C,C. Cuff and Gutter LF 14 Cross Gutter and Spandrel SF 15 8"A.C. Eamq LF 16 4" P.C.C. Sidewalk SF 11 DdveApproachTypeR-lperstddwgl01 SF 18 6' Chain Unk Fence (at NWC Of East Ave.) LF t9 ReplaceExlsUag18OIsenderTreesand I~fgaUon in like and kind at ~w comer Of East and V~m-la LS 20 H.C. Ramp per City Std dwg 102 EA 21 Curb Ramps Case "C" per Celtruns std dwg A-88 EA 22 T.S. and Safety LighUng ~ Intersectio~ Of VIctoda St. and East Ave. LS 23 Street Lighltng Conduit and Pull Box IntalL LF 24 Sbtping and pevemeof MerkingstSIgnlngs LS 28 Tmf6c Coofrol LS Engineers Estimate = $444,604.00 E,G.N. Constngtlon Estimated Total Total Quantity Unit Pdce BId Unit Pdce BId Unit pdce 1 $27,100.00 $27,100.00 $0.00 $0.00 $ 29 $625.00 S18,125.00 $0.00 $0.00 $ 77460 $0.15 $11,619.00 $0.00 $0.00 $ 1644 $19.80 $32,551.20 $0.00 $0.00 $ 400 $15.00 $6,000.00 $0.00 $0.00 $ 2 $150.00 $300.00 $0.00 $0.00 $ 6 $150.00 $900.00 $0.00 $0.00 $ 3717 $13.00 $48,321.00 $0.00 $0.00 $ 3268 $35.90 $117,321.20 $0.00 $0.00 $ 660 $5.58 $3,669.60 $0,00 $0.00 $ 7 $50.00 $350.00 $0.00 $0.00 $ 4 $450.00 $1,800.00 $0.00 $0.00 $ 2148 $11.25 $24,165.00 $0.00 $0.00 $ 1388 $3.60 $4,996.80 $8.00 $0.00 $ 24 $30.00 $720.00 $0.00 $0.00 $ 10654 $2.12 $22,586.48 $0.00 $0.00 $ 423 $2.80 $1,184.40 $0.00 $0.00 $ 141 $20.00 $2.820.00 $0.00 $0.00 $ $0.00 $0.00 $0.00 $0,00 $ $0.00 $0,00 S0.00 $0.00 $ I $5,000.00 $5,000.00 $0.00 $0.00 $ 2 $750.00 $1,500.00 $0.00 $0.00 $ $0.00 $0.00 $0.00 $0.00 $ 2 $750.00 $1,800.00 $0.00 $0.00 $ $0.00 $0.00 $0.00 $ I $118,t00.00 $118,100.00 $0.00 $0.00 $ 2120 $6.00 $12,720.00 $0.00 $0.00 $ 1 $8,275.00 $8,275.00 $0.00 $0.00 $ I $18,000.00 $18,000.00 $0.00 $8,00 $ $0.00 $ ITOTAL: $489,624.68 I $0.001 TOTAL: Total Bid $0.00 $0.00 S0.00 $0.00 $8.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8.00 $0.00 $0.001 T H E C I T Y 0 F F' J~ANC~O CIJCAHONGA Staff Report DATE: June 7, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: William J. O'Neil, City Engineer ' ' , ..... er [V~ ACCEPT THE METROL1NK CORRIDOR BEAUTIFICATION PROJECT, CONTRACT NO. 99-090, AS COMPLETE, AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $241,625.17 RECOMMENDATION: It is recommended that the City Council accept the Metrolink Corridor Beauti~cation Project, Contract No. 99~090, as complete, authorize the City Engineer to file a Notice of Completion and authorize the release of the Performance Bond 35 days after recordation of the Notice of Completion and release the retention in the amount of $24,162.52, 35 days after acceptance. Also, approve the final contract amount of $241,625.17. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract an~ount, based on project documentation, is $24 1,625.17. City Engineer WJO:MO/DBM:Is Attachnlents ~}g) RESOLUTION NO. '~) ~) - ] t) ,/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE METROLINK CORRIDOR BEAUTIFICATION PROJECT, AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for the Metrolink Corridor Beautification Project, Contract No. 99-090, has been completed to the satisfaction of the City Engineer; and complete. WHEREAS, a Notice of Completion is required to be filed, certifying the work NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino. RANC HO CUCAMONGA ENGINEEDING DEDAI~TMENT Staff Report DATE: June 7, 2000 TO: FROM: BY: SUBJECT: Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANCHO CUCAMONGA (CITY) FOR · CONSTRUCTION OF SEGMENT 3 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDATION: It is recommended that the City Cotmcil approve the cooperative agreement between the State of California (STATE), the San Bemardino County Transportation Authority (AUTHORITY) and the City of Rancho Cucamonga (CITY), for construction of Segment 3 of State Route 210 (30) in the City of Rancho Cucamonga, California. BACKGROUND/ANALYSIS: San Bemardino Associated Governments (SANBAG) being the Country Transportation Authority (AUTHORITY) is required to improve transportation services as set for in the Measure I expenditure plan. Included in this plan is the consl~uction of State Route 210 (30) in the County of San Bemardino. In construction of Sate Route 30, the AUTHORITY contractors will be doing work in STATE and CITY fight-of-way. The three-way cooperative agreement between SANBAG (AUTHORITY), STATE, and CITY, sets forth the responsibilities of each party. After completion of Segment 3, our City agrees to: CITY COUNCIL STAFF REPORT STATE ROUTE 210 (30) - COOPERATIVE AGREEMENT June 7, 200 Page 2 Accept control and maintain at our expense, the portions of PROJECT lying outside STATE's right-of-way and within CITY fight-of-way and remaining portions of any local road overcrossing structures, above the deck surface, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. Reimburse STATE for our proportionate share of maintenance costs for traffic control signals, including emergency preemption equipment and internally illuminated street name signs and safety lighting within STATE right-of-way and CITY limits. Such share to be an amount equal to 50% of total maintenance costs, including electrical energy costs. Furnish emergency preemption equipment and internally illuminated street name signs for traffic signals to be instailed within STATE right-of-way and CITY limits, and any future replacement, emergency preemption equipment and internally illuminated street name signs, for traffic signals, as required. The Cooperative Agreement requires SANBAG's contractor to name the CITY as additional insured, and it indemnifies the CITY for any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY for any work delegated to AUTHORITY. The agreement also states that STATE, AUTHORITY, and CITY, shall cooperate on issues conceming the State Route 210 (30) Project not covered by said agreement. Respectfully submitted, Attachments RESOt UTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROV1NG THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANCHO CUCAMONGA (CITY) FOR CONSTRUCTION OF SEGMENT 3 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA WHEREAS, STATE, CITY, and AUTHORITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways with a portion within City of Rancho Cucamonga in San Bernardino County; and WHEREAS, San Bemardino County voters approved Measure I on November 7, 1989, which provides funding for transportation projects and programs throughout the County of San Bemardino; and WHEREAS, AUTHORITY is required under its ordinance to improve transportation services and facilities as set forth in the Measure I expenditure plan. The expenditure plan includes a project to construct Stat~ Highway improvements consisting of a six-lane freeway, two HOV lanes, interchange ramps at Carnelian and Archibald Avenues, flood control facilities at Alta Loma Channel, soundwalls, traffic signals and appurtenant improvements including fiber optic communication backbone, closed circuit T.V. cameras, vehicle detection stations, and ramp metering stations on State Highway Route 210 (30) from west of Cucamonga Canyon wash to Hermosa Avenue in the County of San Bernardino, referred to herein as "PROJECT". WHEREAS, AUTHORITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT; and WHEREAS, CITY is agreeable to AUTHORITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT; and WHEREAS, the parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained; and WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution said cooperative agreement addressing liability issues during construction and covering issues such as accepting control and maintenance of portions of the PROJECT constructed outside of STATE's right-of-way, local roads within STATE's fight-of-way delegated to CITY for maintenance, operation and maintenance of traffic signals for the benefit or control of CITY street traffic, emergency preemption equipment and illuminated street name signs; and RESOLUTION NO. ROUTE 210 (30) SEGMENT 3 - COOPERATIVE AGREEMENT June 7, 2000 Page 2 WHEREAS, to assist STATE and AUTHORITY in construction of Segment 3 of State Route 210 (30), it is in the best interest of the City of Rancho Cucamonga to enter into said cooperative agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: Approve the execution of the agreement between the STATE, AUTHORITY, and the City of Rancho Cucamonga concerning construction of Segment 3, State Route 210 (30) in the City of Rancho Cucamonga. Authorize the Mayor to sign said Agreement and direct the City Clerk to attest the sallle. q5 the ~ancho cify of Cucamonga SU ffRepo DATE: June 7, 2000 Mayor and Members of the City Council Jack Lain, AICP, City Manager FROM: BY: Bred Buller, City Planner Brent Le Count, AICP, Associate Planner APPEAL OF DEVELOPMENT REVIEW 99-72 - RYLAND HOMES - The appeal of the Planning Commission's approval of the design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue .and the Southem Pacific Railroad dght-of-way-APN: 227-131-05 and 227-141-11 and 12. Related File: Vadance 99-11.. APPEAL OF VARIANCE 99-11 - RYLAND HOMES - The appeal of the Planning Commission's approval of a request to construct perimeter tract walls up to approximately 21 feet high where a maximum height of 6 feet is permitted for freeway noise mitigation purposes for Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast comers of East Avenue and the Southern Pacific right--of-way - APN: 227-131-05 and 227-141-11 and 12. Related Files: Development Review 99-72, Tentative Tract 15911 and 15912. RECOMMENDATION: Staff recommends that the City Council deny the appeal filed in opposition to the project and uphold the decision of the Planning Commission appmving the development review and vadance applications. BACKGROUND: The Planning Commission appreved Tentative Trects 15911 and 15912 on October 14, 1998. The trects are located on both sides of East Avenue, north and south of the abandoned Southern Pacific right-of-way. A noise study was conducted dud ng review of the trects to ascertain noise impacts from the I-15 Freeway on the home sites and identify mitigation methods. The study recommended construction of masonry walls as high as 17 feet above pad level to mitigate freeway noise (which would result in a 21 -foot high wall on the high side). The highest walls would be located adjacent to the freeway 1,000 feet from the East Avenue frontage. The high wall is necessary because the I-15 Freeway is approximately 20 feet higher CITYCOUNCIL STAFF REPORT DR 99-72 AND VAR 99-11 - RYLAND HOMES June 7, 2000 Page 2 than the elevation of the project site (see Exhibit "B"). The tracts are designed in conformance with the wall height requirements. On Apdl 12, 2000, the Planning Commission approved Development Review 99-72 for the design review of homes within the two tracts. The Commission also approved Vadance 99-11 to allow the developer to construct sound walls as high as 21 feet. The subject appeal was filed in a timely fashion by James Banks on April 24, 2000. ANALYSIS: Mr. Banks poses the following points in his appeal: "A buffer zone could be [provided along the I-15 frontage] filled with tall berms, shrubs and trees which would act as a sound absorbent while adding to the beauty of the project and the community and providing an environmental benefit with vegetation." Response: Provision of tall, landscaped berms would certainly have aesthetic value, but there is no evidence that it would provide adequate noise attenuation for future homeowners. While plants may provide a perception of less noise, acoustic studies have proven that they do not reduce actual noise levels. The applicant's noise consultant has studied the situation and determined that with a 6-foot high wall at the eastern boundary of the project, homes would have to be set back 1,000 feet from the 1-15 Freeway to achieve acceptable noise levels. This would effectively preclude development of the site in conforrnance with permitted land uses. Furthermore, according to the noise consultant, trees and vegetation provide little, if any, sound attenuation. The Etiwanda Specific Plan does contain provisions for increasing density in exchange for open space under the Optional Standards. The developer chose a lower density, more consistent with the neighborhood, using the Basic Development Standards; hence, the lots are larger, but there is no common open space. According to CALTRANS, it would be possible for the developer to construct a sound wall within the 1-15 Freeway right-of-way. A 6-foot wall on top of the freeway slope would offer superior sound attenuation (see Exhi bit "B"); however, the developer does not wish to construct a wall within the freeway right-of-way because it would have to be much longer than the actual project frontage on the freeway in order to effectively mitigate noise. 2. "People who live near the wall are not going to see the sunshine until 10:00 am." Response: The freeway itself will block early morning light because it is higher than the top of the proposed sound wall. "It will be an engineedng feat to design and build a structure 17 feet high and 8 inches thick which will withstand the force of [our local high] winds...the wall will be so rigid that the next big dpple from the San Andreas Fault will lay it on the ground." Response: The sound wall must be speciallyengineered in order to meet Uniform Building Code standards. 4. "The wall will be aesthetically contrary to everything the Etiwanda Specific Plan tded to accomplish in terms of rural appearance...and the wall will become a precedent." Response: The highest portion of the wall is located along the I-15 Freeway frontage, approximately 1,000 feet from East Avenue. Due to the steep freeway slope, the wall will be difficult to see from the freeway. The Planning Commission conditioned the developer to provide a two-toned color scheme for the high walls to CITYCOUNCIL STAFF REPORT DR 99-72 AND VAR 99-11 - RYLAND HOMES June 7,2000 Page 3 help reduce the apparent height of the walls. This technique has been successfully used on similar sound walls along the south side of Highland Avenue at Milliken Avenue. The walls are designed with split faced and fluted split faced block, and vine pockets to allow vines to grew up the outside of the walls. The walls am necessary to permit reasonable development of the project site in conformance with the land use permitted by the Etiwanda Specific Plan and are designed to be as aesthetically pleasing as possible. The vast majodty of residential land use districts within Etiwanda that have frontage on the freeway are designated Low-Medium Residential (4 to 8 dwelling units per acre) and Medium Residential (8 to 14 dwelling units per acre). Development within these districts will very likely require a form of sound attenuation similar to that proposed for the subject development. ALTERNATIVES: Require the developer to install the wall at the top of the slope within the 1-15 Freeway right-of-way; however, it would be contrary to the appellant's desire for light and openness. Uphold the appeal. Require the developer to install trees along the homeowner's side of wall to soften appearance. (Current design has shrubs and vines only). Deny the appeal and add a condition. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. City Planner BB:BLC\ma Attachments: Exhibit "A" - Appellant's Letter dated Apdl 24, 2000 Exhibit "B" - Sound Wall Cross Section Exhibit "C" - Developers Letters dated May 2, 11,22, and 31, 2000 Exhibit "D" -Plan, ning Commission Staff Report dated Apd112, 2000 Exhibit "E" - Planning Commission Resolution 00-31 Exhibit "F" - Planning Commission Resolution 00-32 Exhibit "G" - Planning Commission Minutes dated Apdl 12, 2000 Resolution to Deny Appeal for Development Review 99-72 Resolution to Deny Appeal for Vadance 99-11 10788 Civic Center Drive Rancho Cucamonga, CA 91730 April 21, 2000 C/i~Council City Clerk City ofRancho Cucamonga P.O. Box 807 Rancho Cucamonga, California 91729 RE: Variance 99-11, Ryland Homes Dear City Council: I live at 13181 Victoria Street, Etiwanda. I am appealing the decision of the Planning Commission made Wednesday, April 12, 2000. I was unexpectedly unable to attend the Planning Commission meeting, so I must resort to this method of making my objections known. My check for $126 is enclosed. The Citizens Committee which worked on the Etiwanda Specific Plan devoted a significant amount of time to the question of planning around the 1-15 freeway. The Committee was very concerned about the construction of houses near the fleeway. One of the Committee's proposals was to put a frontage road along the freeway route. When that proposal seemed unlikely to pass, the Committee turned its attention to other solutions. The Committee allowed higher densities along the freeway and provided exceptional set-back and wider open space trade off requirements to address the conflict between residences and the freeway. The Committee's theory was to allow a developer to leave more space between the houses and the freeway and pick up the house count with a little more density away from the freeway. The Committee attempted to create an ordinance which would allow the developer the same number of houses as other nearby areas of Etiwanda, but bunch the houses away from the f~eeway. This method would have left a buffer zone between the houses and the freeway. The buffer zone cotrid be City Council City Clerk April 21, 2000 Page 2 filled with tall berms, shrubs and trees which would act as a sound absorbent while adding to the beauty of the project and the community and providing an environmental benefit with vegetation. Lush vegetation can effectively absorb sound. Ryland's tree removal has, in fact, doubled the noise of the fxeeway where I reside several hundred feet away. The proposed wall will reflect the sound, not absorb it. People who live near the wall are not going to see the sunshine until 10:00 A.M. Every tea years or so the wind blows over 100 mph in Etiwanda. It will be an engineering feat to design and build a structure 17 feet high and 8 inches thick which will withstand the force of this wind. If that feat can be accomplished, the wall will be so rigid that the next big ripple tirom the San Andreas Fault will lay it on the. ground. The wall will be aesthetically contrary to everything the Etiwanda Specific Plan tried to accomplish in terms of a rural appearance. fithis wall becomes a precedent which is followed elsewhere, the main purposes of the Etiwanda Specific Plan will be fi-ustrated if not totally thwarted. Please weigh the arguments for and against the wall, consider the alternatives and make a judgment which will benefit the community in the long run. Thank you for considering my appeal. JBJ/tlm Enclosure: Check .-! Tract 15911 RYLAND HOMES ~ PILASTERS ~A LOT "A" SECTION LOW RI~ER ROCK LANDSCAPE SECTIONS AND ELEVATIONS 8HEET2OF2 FEBRUARVT, 2000 Garcia, Carlos Full Name: Job Title: Company: Business Address: Business: Brent Le Count City Planner City HalbRancho Cucamonga 10500 Civic Center Drive 1st FlooRPlanning Department Rancho Cucamonga, Ca 91730 (909) 477-2700 Brent, Here am Ryland's response to the appeal and letter regarding our project. I will have more plans ready in a few days and have a colored version for the city council meeting. In the meantime, believe you saw the enclosed picture. Call me with any questions. Thanks. P.S. Email me at cgarcia@ryland,com, That is good form of communication. Take care. Carlos 5/2/00 RECEIVED MAY ~ 8 zOO0 City of Rancho Cucamon_c -' Division Mestre Greve Associates May 11, 2000 RECEIVED BY: Mr. Carlos Garcia Ryland Homes 15373 Innovation Drive Suite 300 San Diego, CA .92128 Subject: Comments on Noise Issues for Tract 15911. Dear Mr. Garcia, We have reviewed the comments by Mr. James Banks, Jr. in the letter addressed April 21, 2000 to the City Council of Rancho Cucamonga. In the letter, Mr. Banks, Jr. addresses several issues. We have agreed to respond only to the issue pertaining to noise mitigation required for Tract 15911. Fir. Banks, Jr. raises the issue of berming and vegetation (trees and shrubs) as a noise barrier verses a concrete block noise barrier. This particular issue will be discussed in th~ following paragraphs. The results of our noise analysis for Tract 15911 (refer to Mestre Greve Associates Report ~00- 08; "Noise Analysis For Tentative Tracts 15911 & 15912; January 26, 2000) did conclude that homes adjacent to the I-15 Freeway will require a noise barrier up to 17 feet in height in order to meet the City' s noise standard. Effective noise barriers consist of a concrete or plexi glass wall, a benn, or a combination of the two. The Highway Noise Model published by the Federal Highway Administration CFHWA Highway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978), states "If the woods are very dense, i.e., there is no clear line of sight between the observer and the source, and if the height of the trees extends at. least 5 metres above the line of sight, then a 5 dBA attenuation is allowed if the woods have a depth of 30 metres. An additional 5 dBA may he' obtained if the depth of the woods extends for another 30 metres. 10 dBA is the maximum attenuation dense woods can provide ". Several other publications on noise control support this conclusion (refer to Beranek, LL, Editor, "Noise And Vibration Control", 1988; Hendriks, R, "Technical Noise Supplement") Noise may be attenuatedby trees and shrubs but the result is not nearly as effective or feasible as a concrete block wall. Sincerely, Mestre Greve Associates Fred Greve, P.E. 280 Newport Center Drive, Suite 230 · Newport Beach, CA 92660 · (949) 760-0891 · Fax (949) 760-1928 / 0 Z//f May ~, 2000 Clandestine Tationghari 1502 Lagoon Street West Covina, CA 91790 YLAND HOMES 5740 Fleet Street Suite 200 Carlshad, California 92008 (760) 603-800~ Tel {760) 603-8005 Fax Dear Clandestine, We appreciate your aunts interest in our Ryland Community and hope we can accommodate her home needs. Thank you for voidrig your ooncems over the environment specific to our project. Ryland with an already appmved TentaWe Map and Conditions of Approval purchased this pmjec~ This included the removal of trees. However, the conditions also had a mitigation measure that requires the replanting of trees of vadous species. We will implement this mitigation measure. Ryland as a whole does many positive deeds to enrich our environment. Among them is dedication of land to vadous Parks and Recreation entities, building of perks within our community, and payment of fees used specffically to build parks and / or improve them. Thank you for your suppart and interest in Ryland's success. Mestre Greve Associates May 31, 2000 Mr. Carlos Garcia Ryland ltomes 5740 Flem Street, Suit~ 200 Cazlsbad, CA 92008 Subject; Comments on Noise Issues for Tract 15911. Dear Mr. Gatcia, The purpose of this letter is to funhcr address ~e issue of vegetation (trees and shrubs) as a means of attenuating noise in order to meet the City of Rancho Cucamonga required noise standards for Tract 15911. As mentioned in our previous letlet detcd May 15, 2000, a depth of 60 m~ten (200 ft.) of dense wooda would provide approximately a 10 dBA atmuadon. However, this js a generalization and the actual reduction could be anything between 5 and 15 elBA. In order for this statement to be somewhat valid, the dense woods would have to be matured and on an cvan plane, Hence, the statement that a 10 dBA attenuation of noise due to 200 ft. of dense woods is a generalization and cannot be accurately supported by future noise prediction analysis. Furthermore, sinc,~ the worst cas~ observer (at Lot 16) will be ~xposed to noise levels of 74,6 CNI!~ approximately 200 R. of such dense and matured woods would be ~quir~d. It appears that such mitigation rneasu~s for this particular project will not be feasible. Additionally, we would not support ~is apl~ioval d~e to the uncertain~y of the dfcctiveness of such acoustical h, ealmems. Sincerely, Megre Creve Associates Fred Grave, P.E. 1-15 FREEWAY ES 0 0 0 23.95' 115'? 2% TOP OF LOT A EXIST ' & CCWD ~ EASEMENT PAD ] ~ WALL FOOTINGS ARE DESIGNED TO  ACCOMODATE 17' SOUNDWALL HEIGHT _ o_ PER FINAL ACOUSTICAL REPORT TOP OF TAINING WALL 5' ' APPROVAL OF VARIANCE FOR WALLS H=5.3' TO 8' IN EXCESS OF 6 FEET IS.ON FILE LL EXIST. 15" S H=2.0' TO 6.7' COVER DEPTH = 8.8'? PER PUBLIC IMPROVEMENT PLANS ISTD. DWG. 604 TYPE B} Report ~00-08 Page 8 of 20 The FHWA model used these assumptions to Compute the future noise levels at the project site. Table 3 reports the modeling results in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in a subsequent section of this report. In addition, these projections do not include any futUre vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future. g~rTABLE 3/"~F*'V~ '~~ Distance to Noise Contours for Future Traffic Conditions Distance to C Contour (ft.) " Roadway -70- -65- ' -60- East Avenue 45 2 4.1 Combined Noise E~xposure Projecting the traffic noise levels of two separate noise sources and combining them logarithmically results in the combined noise level impacting the project site. For example, calculations have established that building surfaces at Lot 1 of Tract 15912 will be exposed to East Avenue traffic noise levels of approximately 65.3 CNEL. Building surfaces at Lot 1 of Tract 15912 will be exposed to 1-15 traffic noise levels of approximately 67.8 CNEL. Summing these noise levels results in a combined traffic noise level of 69.7 CNEL impacting the building surfaces. 5.0 EXTERIOR NOISE MITIGATION For the exterior living areas which are exposed to noise levels greater than 65 CNEL, some form of noise mitigation is required. An effective method of reducing the traffic noise to acceptable levels is with a noise barrier. Representative cross-sections along 1-15 Freeway and East Avenue (see Appendix 1A for analysis data) were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 65 CNEL exteriornoise standard, a noise barrier will be required for exterior living areas adjacent to 1-15 Freeway and East Avenue. The required noise barrier locations and heights to meet the 65 CNEL exterior noise standard are listed in Table 4, and are shown in Exhibit 2 and 3. TH E CIT Y OF I~ANCHO CUCAMONGA Staff Report DATE: TO: FROM: BY: SUBJECT: April 12, 2000 Chairman and Members of the Planning Commission Brad Buller, City Planner Brent Le Count, AICP, Associate Planner ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEVV 99-72 - RYLAND HOMES - The design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific Railroad right-of-way - APN: 227-131-05 and 227-141-11 and 12. Related File: Variance 99-11. VARIANCE 99-11 - RYLAND HOMES - A request to construct perimeter tract walls up to approximately 17 feet high where a maximum height of 6 feet is permitted for freeway noise mitigation purposes for Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific right-of-way - APN: 227-131-05 and 227-141-11 and 12, Related Files: Development Review 99-72, Tentative Tract 15911 and 15912. PROJECT AND SITE DESCRIPTION: Backqround: The Planning Commission approved Tentative Tracts 15911 and 15912 in October of 1998. The current request is for a Design Review of the homes, grading, and landscaping for both tracts. Site Characteristics: The project sites are located on the east and west sides of East Avenue and on the north and south sides of an abandoned railroad right-of-way. The Tract 15911 site (east side of East Avenue) is undeveloped land with non-native grasses and other ruderal plant species. There are no windrows or heritage trees within the project boundaries. The mature windrow south of the abandoned railroad will not be impacted by the project. The Tract 15912 site (west of East Avenue) contains a single-family dwelling, accessory structures, and a collection of inoperable vehicles and debris. There are four stands of Eucalyptus windrows on-site which show signs of damage by borer beetles, fire, and barbed wire and are generally in poor condition. A healthy Eucalyptus windrow stand PLANNING COMMISSION STAFF REPORT DR 99-72 & VAR 99-11- RYLAND HOMES April12,2000 Page 2 is south of the site and will not be impacted by the project. The Planning Commission approved a Tree Removal Permit for removal of the trees with the Tentative Tract Map. The sites slopes approximately 2 to 3 percent from north to south. ANALYSIS: General: The number of lots for the Tract 15911 site is proposed to be reduced from 26 to 23 to accommodate a larger home plan than originally anticipated. Lot size ranges from 7,895 square feet to 18,600 square feet (10,000 square foot average) and homes range from 2,566 square feet to 3,300 square feet. Four home plans are proposed, each with four separate elevation types (reverse plotting and side-on garage alternatives provide even greater variation). A pedestrian paseo with river rock treatment (low maintenance) is provided at the east side of Tract 15911 site connecting to a community horse trail. The home designs are the same as were approved for Tract 15798 (currently being constructed near the southwest corner of the Route 30 and I-15 Freeways) and exhibit a high level of design integrity. Variance: The Tentative Tract Maps were conditionally approved by the Planning Commission in October 1998. As environmental mitigation for freeway traffic noise, high sound walls are required. The highest sound walls will be along the south and east sides of the Tract 15911 site (northeast corner of Southern Pacific Railroad/East Avenue). The wall along the south side is as high as 16 feet overall (retaining wall plus free standing wall above) and along the east edge as high as 21 feet. The maximum allowed wall height in Rancho Cucamonga is 6 feet; hence, a Variance is necessary. Staff believes that findings can be made for approval of the Variance given the unique location of the sites so near the 1-15 Freeway (which is substantially higher than the project site), that strict enforcement of the 6-foot height limit would preclude development of the site in accordance with the land use designation since the high walls are necessary to comply with General Plan/Development Code residential noise level criteria, and the excessive wall height will not have a demonstrable negative visual impact. The height of the walls are proposed to be so~ened by a combined split face/fluted block design with vine planting along the base trained to climb the walls. Desiqn Review Committee: The Committee (McNiel, Stewart, Coleman) reviewed the project on February 29, 2000, and recommended approval with conditions. Refer to the attached Design Review Action Agenda for further details (Exhibit H). Technical Review Committee: The Grading and Technical Review Committees have reviewed the project and recommend approval subject to conditions outlined in the attached Resolution of Approval. Environmental Assessment: The applicant has completed Part I of the Initial Study and staff completed Part II (the Environmental Checklist). It was found that local environmental conditions have not changed appreciably since the tracts were approved in October of 1998. In brief, various drainage, biological, traffic, and noise issues impact the site. Mitigation measures for these issues were adopted by the Commission with tract approval and these mitigation measures are also included in the attached Resolution of PLANNING COMMISSION STAFF REPORT DR 99-72 & VAR 99-11 - RYLAND HOMES April 12, 2000 Page 3 Approval. Staff has determined that, with these mitigation measures, there would not be a significant adverse impact upon the environment as a result of this project. Staff recommends issuance of a Mitigated Negative Declaration. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review 99-72 and Variance 99-11 through adoption of the attached Resolutions of Approval with Conditions and issuance of a Mitigated Negative Declaration. Respectfully submitted, City Planner BB:BLC:mlg Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Grading Plan Exhibit "D" - Landscape Plan Exhibit "E" - Floor Plans Exhibit "F" Elevations Exhibit "G" - Initial Study Parts I and II Exhibit "H" - Design Review Action Agenda dated February 29, 2000 Resolution of Approval DR 99-72 Resolution of Approval VAR 99-11 /// N TENTATIVE TRACT NO. 159TI SITE UT· ::Fa. TION AND MASTER CIRCULA'r~ON PLAN LOW N TENTATIVE TRACT NO. 15912 HOMETOWN II TRACT NO. 15911 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. HOMETOWN II TRACT NO, 15912 -~, RYLAND HOMES OF CALIFORNIA, INC, ~ RANCHO CUCAMONGA, CA, ~/ LTract 15911 ~,RYLAND HOMES (D ®, ® SpLFr~ACE WALL P[~ DETAil, C~ THIS ~A 5 6' 1" ' 40' AISTONEPILASTER/STUCCOWALL B IWOODFENCE SPLITFACE WALL/SOUND WALL SHEET 1 OF 2 m. mm LANDSCAPE PLAN Tract 15911 ~,RYLAND HOMES ~A STONE PILASTERS .qTUCCO PERIMETER WALL LANDSCAPE SECTIONS AND ELEVATIONS ~Tract 15912 L RY AND HOMES A I ~TON~ PILASteR/STUCCO WALL B I WOOD FF~NCE OPT. BEDROOM 5 HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CAUFORNIA, INC. RANCHO CUCAMONQA, CA. FLOOR PLAN PLAN 1 4BR/3BA 2566 B.F. OPT. BEDROOM 4 & 5 HOMETOWN II TRACT NO, 15911 AND 15912 RYLAND HOMES OF CAUFORNIA, INC. RANCHO CUCAMONGA, CA. FIRST FLOOR PLAN PLAN 2 4BR/3BA 3093 S.F. A HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCRO CUCAMONGA, CA. SECOND FLOOR PLAN A PLAN 2 4BR/3BA 3093 S,F, HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. FIRST FLOOR PLAN PLAN 2'1 4BR/3BA 3093 S,F. A DESIGN REVIEW HOMETOWN II TRACT NO. 15911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. J SECOND FLOOR PLAN PLAN 2'1 4BR/3EA 3093 S,F. BEDROOM S OPTION HOMETOWN II TRACT NO. 15911 AND 15912 k. RYLAND HOMES OF CALIFORNIA, INC. (3r, J RANCHO CUCAMONGA, CA. FIRST FLOOR PLAN A PLAN 2'OIOUTSlDE) 4BR/3BA · 3093 S.F. HOMETOWN II TRACT NO. 15911 AND 15912 ~ RYLAND HOME8 OF CALIFORNIA, INC. ._~ RANCHO CUCAMONG&, CA. SECOND FLOOR PLAN A PLAN 2'O<OUTS~OE> 4BR/3BA 3093 S.F. HOMETOWN II TRACT NO. 15911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONeA, CA. MVliQ [ZZZZ , FIRST FLOOR PLAN PLAN 3 5BR/3BA 3612 8.F.. HOMETOWN II TRACT NO, 1591'1 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. L SECOND FLOOR PLAN PLAN 3 '~ 5BR/3BA 3612'S,F,- ':ZZZZI FIRST FLOOR PLAN 3 HOMETOWN II TRACT NO. 15911 AND 15912 ,,,,, Q...,XlRYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. PLAN 3'0 (OUTSIDE) 5SR/3BA 3612 S.F, OPTION BEDROOM 4 HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. SECOND FLOOR PLAN PLAN 3'0 COUTS~O.~ 5BR/3BA 3612 S.F.. FIRST FLOOR PLAN PLAN 4 5BR/2.SBA 3300 3.F. ALTERNATE GARAGE PLAN 4'0 tOUTSIDE) HOMETOWN II TRACT NO. 16911 AND 16912 RYLAND HOMES OF CALFORNIA, INC. RANCHO CUCAMONGA, CA. SECONDFLOOR PLAN (PLAN 4 5BR/2.SBA 3300 S.F, HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. W/ALTERNATE GARAGE PLAN 4-0 HEARTLAND HOMETOWN II TRACT NO. 159fi AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. CRAFTSMAN PLAN 1 LEFT 1A REAR ROOF PLAN 1A HOMETOWN II TRACT NO. 15911 AND 18912 RYLAND HOME8 OF CALIFORNIA, INC. . RANCHO CUCAMONGA, CA. IA PLAN 1 SANTA BARBARA 2C HOMETOWN II TRACT NO. 1SOllAND 15912 RYI.AND HOES OF CALIFORNIA, INC. RANCRO CUCAMONOA, CA. PLAN 2 I 1 SANTA BARBARA 2C ~'~'~' HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCRO CUCAMONGA, CA. 'T"" CRAFTSMAN 2D PLAN 2-1 & 2-0 mREVEWBET LEFT ELEVATION 2B REAR ELEVATION 28 ROOF PLAN R HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONQA, CA. RIGHT ELEVATION PLAN 2 (PLAN 2-, & 2-o SIMILAR) 2B COUNTRY TRADITIONAL 3A HEARTLAND 3B SANTA BARBARA 3C CRAFTSMAN 3D PLAN 3 HOMETOWN II TRACT NO. 18911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONOA, CA. SANTA BARBARA 3C CRAFTSMAN %--~. ~ ~m 3D PLAN 3-0 HOMETOWN II TRACT NO. 15911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. LEFT 4 ROOF PLAN 3C HOMETOWN II TRACT NO. 15911 AND 15912 *RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONOA, CA. 3C RIGHT REAR PLAN 3 CPLA. 3-o SIM.LAR> 3C 3C "-'"'"" ""-----~""' ;.' ,SANTA .A.DA.A~--'"'"' "--.--, .C CRAFTSMAN PLAN 4 PLAN 4-0 HOMETOWN II TRACT NO. 15911 AND 16912 RYLAND HOES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. mREVlEWBET LEFT 4D REAR 40 ROOF PLAN 4D RIGHT 4D HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANClIO CUCAMONGA, CA. PLAN 4 (PLAN 4'0 SIMILAR) DEBIGNIEVlEWBET . C/~ of Ranc~o Cucamonga Plann~ Division (909) 477-2750 ENVIRONMENTAL INFORMATION FORM · .(Part I '.Initial Study) The purpose of this form is to inform the City of the basic components of the'pr~ed project so that the City may review the project pursuant to City policies, ordir~an~i;:':;~:d guidelines; the California Environmental Quality Act; and the City's RUles iand Pi;6~l'u~S to Implement CEQA. It is important that the information requested in this application be provided in full.' :': GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to en~ure that the application is complete at the time of submittal; City staff will not be ava~able to perform work required to preWde missing information. Application Number for the project to which this form pertains: Preject Title: Tract Nos. 15911 and 15912 Name & Address of project owner(s): Ryland Homes of California, Inc. 15373 Innovation Drive, Suite 300, San Diego, CA 92128 Name &-Address of developer or preject sponson Hyland Homes of California, Inc. , 15373 Innovation Drive, Suite 300, San Diego, CA 92128 Contact Person & Addtess: Carlos F. Garcia, Jr., Forward Planner TelephoneNumber. (619) 675-0800 ~hone, (619) 675-0060 fax Name & Address of peteon ptepatfng this form (if different from above): N /A Telephone NumbeE N/A INITSTD1 .WPD - 4/96 PROJECT INFORMATION & DESCRIPTION: :'~ 'Information indicated b)"aste~fsk (*) is nOT mquirad of non.construction CUP's unleSS otherwise'requested by staff. ' - * · 1 ) Provide a full scale (8-1/2 x 11 ) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. ** * 2) Provide a set of color photographs which show representative views into the site from the north, south, east and west; views intq and from the site from the prYmary access points which serve the site; and representaUve views d significant features fn?m the site. Include a map showing IocaUon of each photograph. t Will be provided at full submi tal 3) PrejectLocation(desc~be): The project consists Of two tracts located on th~ east and west sides of East Avenue, north of Ease Line Road. TraCt No. 15911 lies on the east side of East Avenue, north of the SPRR right-of-way. Tract No. 15912'is diagonally adjacent to the southeast, oh'the-.we~t side of East Avenue and the south sl~e o~ the abandoned SPRR. 4) Assessor s Pamel Numbers (attach additional sheet if necessary): 227-141-011, -012; 227-131-005 Gross Site Area (adsq. ~.): 27.01 gross acres total (16.97 acres in Tract No. 15911 and 10.04 acres in Tract No. 15912) NetS~eAraa (totalsitesize minusaraaofpublicstreete &proposeddedications): 20.82 net acres total (12.96. atres./in Tract No. 15911 and 7.86 acres in Tract No. 15912) Desc~be any proposed general plan amendment or zone change which would affect the project site (aqach additional Sheet if necessaOt: None known Include a desctfption of all permits which will be necessaO, from the City of Rancho Cucamonga and other govemmentel agencies in order to fully implement the project.' City of Rancho Cucamonga -- building permits, encroachment permit, variance (wall) Caltrans -- encroachment permit Cucamonga County Water District -- sewer and water connections INITSTD1 .WPO - 4/96 Plge 2 9) Describe the physical seffing of the site as it exists before the project including information on topography, soil stability, p!ants and animals, mature trees, trails and roads, dreinage courses, and scenic aspects. Describe any existlhg shuctures on ,site ......... (including age and condiUon) and the use of the structures. ~4itach photographs of significant features described. In addition, site all sources of information (i.e., geological and/or hydrologic studies, biotic and arohediogical surveys, traffic studies): The site is vacant and generally level, with some gently rolling surface relief and a slight slope to the south. Surrounding'land uses include the 1-15 Freeway to the east and s'outh, single family dwellings to the' north and along East Avenue, a plant nursery to the west, and vacant land. The abandoned SPRR right-of-~ay abuts the property. Existing eucalyptus windrows west of East Avenue are in poor condition. There is no other significant vegetation on the site. Technical studies (biological, geotechnical, hydrological) were prepared in connection with the tentative maps for the property. 10) Describe the known cultural and/or histotfcal aspects of the site. Site all sources of information (books, published report8 and oral history): The site has no known cultural/historical resources or sensitivity. Describe any noise souroes end their levels that now affect the site (aimraft, roadway noise, etc.) end how they will affect proposed uses: · Intersta.te 15 abuts the southeast corner of Tract No. 15911, atop a berm .* approximately 25-30 feet in height. East Avenue passes through the development. The project incorporates sound walls (17 feet high at 1-15, 6-11 feet high along the former SPRR right-of-way, a~d 6 feet high elsewhere at site perimeter). INITSTD1 .VVPD - 4~M ~ 3 - ,_ 12) Describe the proposed project in detail. This should pmWde an adequate descfipUon of the site in terms of ulb?nate use which will result from the prosed project. Indicate if them am proposed phases for development, the extent of development to occur .... with each phase, and the anticipated completion of each increment.. Attach additional sheet(s).if necessary:. . ~ :. · The project is a development of 78 single fimily detached h6mes ranging in size 'from' 2,566 to 3,618 sq. ft. 'of livable are~. The previously approved tract" maps established lot sizes ranging from 8,625 to 15,247 sq. ft. A 1.88-acre interim detention basin for control of drainage flows will also be constructed as part of the project. ' Describe the sunounding propelties, including informaUon on plants and animals and any cultural, historfcal, or scenic a~oec~ Indicate the type of land use (residential, commemial, etc.), intensi~y of land use (one-family, apartment houses, shops, department stoma, etc.)and scale of development (height, frontage, setback, reer yardo etc.): .... Single family dwellings exist on East Avenue west and north of!'the site, and to the north along Victoria Avenue. Other adjacent uses include the 1-15 Freeway, abandoned SPRR right~6f~way, a plant nursery, and vacant land. Will the proposed project change the pattern, scale or character of the sunounding general area of the prejed? ' The project will provide relatively large hues on large lots (average 10,000~ sq. ft.) in keeping with the planned character of the area. INITSTD1 .WPD - 4~6 ~ 4, 15) Indicate the type of short-term and Iong-lerm noise to be generated, including soume and amount. How v,411 these noise levels affect adjacent properties and on-site uses. What methods of sound proofing are proposed? No unusual' noise generation is a~ticipated. All proposed uses are single family residential. '1~ ~dicate proposedmmovals an~ormplacemen~ ofmatum orscenictmes: Existing eucalyptus windrows on the property west of East Avenue are in poor condition and will be removed. Tree Removal permit 98-16 was approved in connection with the tentative map. Replacement plantings are included in the project. 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: The project includes an interim stormwater detention basin. Controlled outflows from the onsite basin will discharge to storm drain improvements in East Avenue. Existing flows to Caltrans drainage facilities from the easternmost portion of the property will be redirected to project storm drains as a result of the project. 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. a. Residential (gaYday) 46 , 800 ¢fiDd Peak use (gallDay) 93,600 qpd b. ' Commercialfind. (gal/day/ac) N /A Peak use (gaYmin/ac) 19) Indicate proposed method of sewage disposal __ Septic Tank X Sewer. If septic tanks are proposed, a~ach pemolation tests. If discharge to a sanitaO, sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage esti}nates). For further dari~cabbn, please contact the Cucarnonga Counl), Water District at 987-2591. a. Residential (gaYday) 21,060 gpd b. Commercial/ind. (gal/day/ac) N/A RESIDENTIAL PROJECTS: 20] Number of residential units: Detached (indicate range of paroel sizes, minimum lot size and maximum lot size: 78 single family detached dwellings Lot sizes range from 8,625 to 15,247 sq. ft. INFrSTD1 .WPD - 4~8 Page Attached (indicate whether units am rental or for sale units): · " , N/A ....... .* 21) Anticipatedrangeofsalepzfcesand/orrenta: Sale Prfce(s) $ 280,000 Rent (per reonth) $ N/A tp $ 350,000 tO $ 22) Spedf], nureber of bedroorns by unit tYPe: Single family units, 4 to 6 bedrooms Average approximately 4.7 bedrooms per unit 2~ Indicateantic~atedhouseholds~ebyunit~Pe: Unknown, estimated average 3-4 24) Indicate the expected number of school children who will be residing within the project.' Contact the appropriate School Dist~fcts as shown in Attachment B: 35 (0.45 students/DU) a. Elementaq/: 16 ~(0,21 students/DU) b. Junior High: c. SeniorHigh 16 (0.20 students/DU) COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25] Desc~betype~fuse(s)andmaj~rfunc~~n(s)~fc~rereereia~~indust~a~~rinstituti~na~uses: 26] Totalfloorareaofcoremereial, indust~al, orinstitutionalusesbYtYPe: N/A INFrSTD1 .WPD - 4/96 ' ' ' PIgG 6 ' ' 27) Indicate houm of operation: N/A 28) Numberof employees: Total: N /A · Maximum Shift: Time of Maximum Shift: 29) Pmvidebreakd~wn~fanticipatedj~bc~assi~cati~ns.inc~udingwageandsa~aryranges.aswe~~asanindica~~n~ftherate of him for each classification (attach additional sheet if necessa8/): N/A 30) Estimation of the number of wo~ers to be hired that curmntly mside in the CilY: N/A · 31) For commemial and industrial uses only, indicate the soume, type and amount of air pollution emissions. (DaM should be veritied through the South Coast Air Quality Management Disth'ct, at (818) 572-6283): ALLPROJECTS 32) Have the water, sewer,, tim, and flood control agencies serving the project been contacted to determine the/r abity to provide adequate sewice to the proposed project? If so, please indicate their response. Agencies have been contacted and will-serve arrangements are being concluded. -- =. 151 INITSTD1 .WPD - 4/96 Flee 1 ,~ , 33) In the known histoO/ of this property, has there been any use, storage, or discharge of hazarclous and/ortoxic matetfals? Examples of hazardous and/or toxic materials include, but are not limited to PCB's; radioactive substances; pesUcides and *.. ,'. herbicides; fu.els, oils, ,solvents, and other ffammable liquids and gases.-Alsonote underground storage of any of the above. Please list the matetfals and descdbe their use, storage, and/or discharge on the preperty, as weft as the dates of use. if known. 34) Wi~~ the prop~sed pmject inv~~ve the temp~ra~/ ~r ~~ng-term use~ st~rage ~r discharge ~f hazard~us and/~r t~xic materials, including but not limifed to those examples listed above? If yes, provide an inventoq/ of a~ such matertals to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shaft be shown and labeled on the application plans. Not applicable I hereby certify that the statements furnished above and in the a ached exhibits present the data and information required for adequate evaluation of this project to the beat of my abilily. t t t · facts. statements. and information presented are flue and correct tot he best of my knowledge and belief. I furth. er un eret d that additio.~nd. ~/ information may be required to be submitted INITSTD1 .WPD - 4/96 Page 8 ,-- BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II 1. Project File: Development Review 99-72 2. Related Files:Tentative Tract Nos. 15911, 15912, and Variance 99-11 Description of Project: DEVELOPMENT REVIEW 99-72 - RYLAND HOMES - The design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific Railroad right-of-way- APN: 227-131-05 and 227-141-11 and 12. Project Sponsor's Name and Address: Ryland Homes 15373 Innovation Drive, Suite 300 San Diego, CA 92128 5. General Plan Designation: Low-Medium Residential (4-8 dwelling units per acre) Zoning: Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan Surrounding Land Uses and Setting: The sites are surrounded by existing homes, vacant land, the 1-15 Freeway, and an abandoned railroad right-of-way. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number: Brent Le Count, Associate Planner (909) 477-2750 10. Other agencies whose approval is required: None Initial Study for City of Rancho Cucamonga DR99-72 - Ryland Homes Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. (x) TransportatiOn/Circulation (x) Public Services ( ) Land Use and Planning (x) Biological Resources ( ) Population and Housing ( ) Energy and Mineral Resources (x) Utilities and Service Systems (x) Geological Problems ( ) Hazards ( ) Aesthetics (x) Water (x) Noise ( ) Cultural Resources ( ) Air Quality ( ) Mandator~ Findings of Significance ( ) Recreation DETERMINATION On the basis of this initial evaluation: (x) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. Signed: ~~eCoun~t ~ Associate Planner March 15, 2000 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. LAND USE AND PLANNING Would the proposal.' a) Conflict with general plan designation or ( ) ( ) (x) ( ) zoning? b) Conflict with applicable environmental plans or ( ) ( ) ( ) (x) policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the ( ) ( ) ( ) (x) vicinity? Disrupt or divide the physical arrangement of an ( ) ( ) ( ) (x) established community? c) d) Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 3 Issues and Supporting Information Sources: Potentially Signffica~t Impact No Commen~: a) Perimeter tract walls as high as 17 feet are required to mitigate freeway noise. The maximum allowed wall height is 6 feet. Therefore, a Variance application is necessary to address excessive wall height. The applicant has submitted a Variance for the walls. The visual impact of the walls is mitigated by project design which includes colored split faced block with fluted block bands. POPULATIONANDHOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? Displace existing housing, especially affordable housing? c) ( ) (x) ( ) (x) ( ) (x) GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involvin~l: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche hazards? e) Landslides or mudflows? f) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? Comments: ( ) ( (x) ( ) ( (x) ( ) ( (x) ( ) ( ) ( (x) ( ) ( ) ( (x) ( ) ( ) (x) ( ) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) The project involves grading to develop residential pad sites and streets. The topography of the sites will be altered to allow the lots to drain to the 'new public streets, where runoff will be conveyed to approved drainage facilities. The design of the project site and construction of the proposed grading and structures shall follow the recommendations of the soils engineer and shall comply with the current building standards and codes at the time of construction. The recommendations of the Final Soils Engineering Investigation Report will be incorporated into the project design with pertinent information noted on the final Grading Plan which will be reviewed and appreved by the Building Official prior to issuance of grading permits. initial Study for DR99-72 - Ryland Homes Issues and Supporting Information Sources: City of Rancho Cucamonga Page 4 WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, ( ) or the rate and amount of surface water runoff? b) Exposure of people or property to water related ( ) hazards such as flooding? c) Discharge into surface water or other alteration ( ) of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the amount of surface water in any ( ) water body? e) Changes in currents, or the course or direction ( ) of water movements? t') Change in the quantity of ground waters, either ( ) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater?. ( ) h) Impacts to groundwater quality? ( ) i) Substantial reduction in the amount of ( ) groundwater otherwise available for public water supplies? (x) () () (x) ( ) ( ) ( ) ( ) (x) ( ) ( ) (x) (x) ( ) ( ) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) ( ) ( ) (x) Comments: a) This project relies upon the construction of a proposed intedm water detention basin located outside of the project boundaries, The basin is proposed on a 10+ acre site within Tentative Tract 15912. A drainage study was prepared which analyzes the drainage impacts and the adequacy of the proposed basin to serve the project sites. Conditions of approval currently require Tentative Tract 15911 to provide adequate drainage facilities to serve the development. Construction and availability of an interim water detention basin within Tentative Tract 15912 is required per tract conditions. The proposed water detention basin is required to be completed prior to occupancy. With mitigation the impact is not considered significant. b) The project is located in an area where the flood hazards are undetermined (Zone D), Since the project is south of both the Victoda Basin and the future Route 30 Freeway, it is expected the developer will be able to process a redesignation to Zone X through FEMA. The Conditions of Approval for Tentative Tract 15911 require the developer to obtain a re-designation through FEMA to the satisfaction of the City Engineer. Initial Study for DR99-72 - Ryland Homes Issues and Supporting Information Sourues: City of Rancho Cucamonga Page 5 No e) The southeastern portion of the Tentative Tract 15911 site presently drains to a culvert that crosses under the 1-15 freeway. The topography of the site will be altered to allow the lots to drain to the new public streets, where runoff will be conveyed to approved drainage facilities. Surface runoff currently reaching the site from off site areas will be conveyed to approved drainage facilities which will be designed to handle the flows. The impact is not considered significant. AIR QUALITY. Would the proposal.' a) Violate any air quality standard or contribute to ( ) ( ) ( ) (x) an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ( ) ( ) ( ) (x) c) Alter air movement, moisture, or temperature, ( ) ( ) ( ) (x) or cause any change in climate? d) Create objectionable odors? ( ) ( ) ( ) (x) TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) (x) ( ) ( ) b) Hazards to safety from design features (e.g., ( ) ( ) ( ) (x) sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to ( ) ( ) ( ) (x) nearby uses? d) Insufficient parking capacity on-site or off-site? ( ) ( ) ( ) . (x) e) Hazards or barriers for pedestrians or ( ) (x) ( ) ( ) bicyclists? f) Conflicts with adopted policies supporting ( ) ( ) ( ) (x) alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? ( ) ( ) ( ) (x) Comments: a) The project will not increase vehicle trips or traffic congestion in excess of projections for the adopted land use, for which the street widths were evaluated at build-out conditions. The proposed density is less than the density range for the property. The intersection of East Avenue and Victoria Street handles significant peak hour traffic from the nearby high school. The conditions of approval for Tentative Tracts 159'11 and 15912 include the preparation of a Traffic Signal Study and mitigation to include provisions for installation of a traffic signal at the intersection of East Avenue and Victoria Street, The Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 6 Issues and Supporting Information Sources: Potentially Signfficant Unless NO b) project will be required to install frontage street improvements in their ultimate configuration, per City Ordinance, and to pay Transportation Development Fees. With mitigation the impact is not considered significant. The circulation design features conform with our Street Design, Driveway, and Intersection Line-of-Sight policies. e) The project involves creating residential lots which will generate additional pedestrian trips, including pedestrian trips to the nearby Etiwanda High School on Victoria Street. The project design includes sidewalks and Class II bike lanes along the East Avenue frontage; however, there will be a narrow, unimproved gap on East Avenue between the project frontage and Victoria Street. In order to provide for the safety of pedestrians traveling between the project and the nearby school, the developer shall install a temporary asphalt sidewalk from the northern boundary of the project to Victoria Street to the satisfaction of the City Engineer. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or ( ) ( ) ( ) (x) their habitats (including, but not limited to: plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees, ( ) ( ) (x) ( ) eucalyptus windrow, etc.)? c) Locally designated natural communities (e.g., ( ) ( ) ( ) (x) eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and ( ) ( ) ( ) (x) vernal pool)? e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (x) Comments: b) The project involves removing two large shrubs along the northern boundary of Tract 15911. The shrubs were identified in the biological report addendum (Thomas Olsen Associates - July 10, 1998), as a Siberian elm, (Ulmus pumila), and a blue elderberry shrub. (Sambucus mexicana). The shrubs are non-native species and do not have historical, cultural, or scenic value. The shrubs do not represent significant bird or wildlife resources. The removal of the shrubs is not considered to be a significant impact. The project will also cause removal of 4 mature windrows on site. An arborist report by Thomas Olsen Associates dated May 15, 1998, indicates the 4 mature windrows have suffered numerous losses and show marked signs of borer beetle infestation or damage from other sources (fire and barbed wire). None of the 4 mature windrows has a realistic probability of recovery; nor do they have significant habitat value or wind-control value in their present condition. The 4 windrows are not designated as existing Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 7 Issues and Supporting Information Sources: Potentially Significant ~mpad No windbreaks to be preserved in Figure 5-13 of the Etiwanda Specific Plan. A Tree Removal Permit (TRP 98-16) was approved by the Planning Commission · with Tentative Tract 15912 and a condition' of approval requires replacement windrows of 15 gallon Eucalyptus maculata (spotted gum), planted 8- foot on center, to mitigate the loss of the mature windrows. With mitigation the impact is not considered significant. ENERGY AND MINERAL RESOURCES. Would the proposal.' a) Conflict with adopted energy conservation ( ) ( ) ( ) (x) plans? b) Use non-renewable resources in a wasteful and ( ) ( ) ( ) (x) inefficient manner? c) Result in the loss of availability of a known ( ) ( ) ( ) (x) mineral resource that would be of future value to the region and the residents of the State? HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of ( ) hazardous substances (including, but not limited to: oil, pestiCides, chemicals, or radiation)? b) Possible interference with an emergency ( ) response plan or emergency evacuation plan? c) The creation of any health hazard or potential ( ) health hazard? d) Exposure of people to existing sources of ( ) potential health hazards? e) Increased fire hazard in areas with flammable ( ) brush, grass, or trees? ( ) (x) ( ) (x) ( ) (x) ( ) (x) ( ) ( ) (x) 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) b) Exposure of people to severe noise levels? ( ) Cornmerits; ( ) ( ) (x) (x) ( ) ( ) b) The project's eastern boundary borders the 1-15 Freeway and the Base Line Road 1-15 off-ramp. The City's General Plan indicates projected noise levels exceeding 65 LDN. A noise study was prepared for the project to determine the noise exposure and necessary mitigation measures for development of the site. Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 8 Issues and Supporting Information Sources: Less No The study indicates a noise barrier ranging in height from 6 feet to 17 feet in height will be necessary to mitigate freeway noise. High split faced masonry walls are proposed consistent with noise study recommendations. In addition, interior noise levels will be mitigated through the imposition of a "Windows Closed" condition with a means of mechanical ventilation and upgraded windows. A final acoustical analysis shall be required prior to obtaining building permits for the project. The design of the project shall follow the recommendations and mitigation measures of the acoustical engineer, and shall comply with the current building standards and codes at the time of construction. With mitigation, the impact is not considered significant. tt. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government sen/ices in any of the following areas: a) b) c) d) e) Fire protection? Police protection? Schools? Maintenance of public facilities, including roads? Other governmental services? Comments: () () () (x) () () () (x) ( ) (x) ( ) ( ) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) c) During review of the Tentative Tract Maps, the Etiwanda and Chaffey High School Districts submitted correspondence indicating existing schools that would serve this project are already at or above capacity. The Districts state mitigation beyond the state statutory fees will be needed. A condition of approval for Tentative Tracts 15911 and 15912 requires the developer to execute an agreement with the Districts to provide the additional mitigation or to provide full mitigation. Full mitigation may be accomplished by means of a requirement to form, or participate in an existing, Mello-Roos Community Facilities District for school facilities. 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or suppries or substantial alterations to the following utilities: a) b) c) d) Power or natural gas? ( ) ( ) ( ) (x) Communication systems? ( ) ( ) ( ) (x) Local or regional water treatment or distribution ( ) ( ) ( ) (x) facilities? Sewer or septic tanks? ( ) ( ) ( ) (x) Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 9 Issues and Supporting Information Sources: Potentially Significant Impec~ Than Significant Impact No e) storm water drainage? T') Solid waste disposal? g) Local or regional water supplies? Comments: ( ) ( ) (x) 0 ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) e) The project will not result in substantial alterations to the master plan of storm drainage by proposing to alter the location of interim basins which are required until the Regional Mainline facilities are installed by the San Bernardino County FlOod Control District. The drainage approach shall be justified in the preliminary drainage report and a final drainage study will be required prior to map i'ecordation. 13. AESTHETICS. Would the proposak a) Affect a scenic vista or scenic highway? b) Have a demonstreble negative aesthetic effect? c) Create light or glare? () ( () () () () ( (x) (x) (x) 14. CULTURAL RESOURCES. Would the proposal.' a) Disturb paleontological resources? b) Disturb archaeological resources? c) Affect historical or cultural resources? d) Have the potential to cause a physical change which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within the potential impact area? ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) () () () (x) t5. RECREATION. Would the proposal.' a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? ( ) ( ) ( ) (x) ( ) ( ) ( ) (x) Initial Study for DR99-72 - Ryland Homes Issues and Supporting Information Sources: City of Rancho Cucamonga Page 10 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have ( ) ( ) ( ) (x) the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Short term: Does the project have the potential ( ) ( ) ( ) (x) to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time. Long-term impacts will endure well into the future.) c) Cumulative: Does the project have impacts ( ) ( ) ( ) (x) that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a projed are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Substantial adverse: Does the project have ( ) ( ) ( ) (x) environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiedng, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The followin~g earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Ddve (check all that apply): Initial Study for DR99-72 - Ryland Homes (x) General Plan EIR (Certified April 6, 1981 ) (x) (x) (x) City of Rancho Cucamonga Page 11 Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) Negative Declarations for Tentative Tracts 15911 and 15912 approved by the Planning Commission October 14, 1998 ENVIRONMENTAL MITIGATION MEASURES: t) A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The acoustical report shall evaluate exterior noise impacts from the 1-15 Freeway. The acoustical report shall address the access trail designated as Lot A and provide recommendations for noise attenuation return walls. The design of the project shall comply with recommendations in the report. 2) A noise barrier ranging in height from 6 feet to 17 feet in height will be necessary to mitigate freeway noise. The noise barrier may be a combination of berming and masonry walls. In addition, interior noise levels shall be mitigated through the imposition of a "Windows Closed" condition by the means of mechanical ventilation and upgraded windows. 3) Construct a 6-foot wide paved shoulder on the east and west sides of East Avenue from this development to Victoria Street, within existing rights-of-way. 4) Transportation Development Fees shall be paid prior to final map approval in anticipation of a City project to install a traffic signal at the intersection of East Avenue and Victoria Street. 5) Construct Etiwanda/San Sevaine Area 8 Master Plan Storm Drain facilities to the satisfaction of the City Engineer. The developer shall receive credit for the cost of permanent master plan facilities up to the amount of the related drainage fees in effect at the time reimbursement is requested and shall be reimbursed for excess costs from future fee collection in accordance with City policy. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 6) Construct Etiwanda/San Sevaine Interim Master Basin No. 5 as follows, justified by a final drainage report approved by the City Engineer: a) Provide an ultimate design for the basin to serve the entire Etiwanda/San Sevaine Area 8 developed tributary area north of Base Line Road. b) Provide for maintenance vehicle access in the basin design. c) Install sufficient capacity to mitigate the increased runoff from this development, with an outlet system capable of handling the ultimate basin design (entire tributary area) with a minimum amount of modification as incremental development occurs. Initial Study for DR99-72 - Ryland Homes City of Rancho Cucamonga Page 12 d) An assessment district shall be formed for maintenance of the detention basin or a maintenance agreement with a refundable deposit shall be executed to the satisfaction of the City Engineer and the City Attorney guaranteeing private maintenance of the facility, but providing the City with the right of access to maintain the facility if private maintenance is insufficient and allowing the City to assess those costs to the developer. Said agreement shall be recorded to run with the property. e) Basin shall be completed and operational prior to the issuance of building permits. f) The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 7) It shall be the developer's responsibility to have the current FIRM Zone D designation removed from the project area. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first. 8) The developer shall provide replacement windrows of 15-gallon Eucalyptus maculata (spotted gum), planted 8 feet on center, pursuant to the approved landscape plan, prior to occupancy. APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Signature: Print Name and Title: Date: 7:40 p.m. DESIGN REVIEW COMMENTS Brent Le Count February 29, 2000 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 99-72 - RYLAND HOMES- The proposed construction of 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium District (4 to 8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific right-of-way - APN: 227- 131-005 and 227-141-011 and 012, Related Files: Variance 99-11, Tentative Tract 15911 and 15912. Design Parameters: The Tentative Tract Maps were approved by the Planning Commission in October 1998. As environmental mitigation for freeway traffic noise, high sound walls am required. The highest sound walls will be along the south and east sides of the Tract 15911 site (northeast corner of SPRR/East Avenue). The wall along the south side as high as 16 feet overall (retaining wall plus free standing wall above) and along the east edge as high as 21 feet. The applicant has submitted a request for a Variance (Variance 99-11 ) for the excessive wall height. The height of the walls is proposed to be so~ened by a combined split face/fluted block design with vine planting along the base trained to climb the walls. The number of lots for the Tract 15911 site is proposed to be reduced from 26 to 23 to accommodate a larger home plan than originally anticipated. Lot sizes range from 7,895 square feet to 18,600 square feet (10,000 square foot average) and homes range from 2,566 square feet to 3,300 square feet. Four home plans are proposed, each with four separate elevation types (reverse plotting and side-on garage alternatives provide even greater variation). A pedestrian paseo with river rock treatment (low maintenance) is provided at the east side of Tract 15911 site connecting to a community horse trail. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project: The applicant has been working diligently with staff to resolve major issues. There are no remaining outstanding major issues. The home designs are the same as were approved for Tract '15798 (near the southwest corner of the Route 30 and I-t5 Freeways) and exhibit a high level of design integrity. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: The approved colors for Ryland Homes include a deep purple paint that is used extensively on siding of certain elevations. The Committee should carefully review the proposed color samples, and visit their existing homes in Tract 15798 (near the southwest corner of the Route 30 and I-15 Freeways). The East Avenue Parkway walls (stone pilaster with stucco walls and river rock planters) for Tract 15912 site should have regularly spaced indents similar to or matching that of Tract 15911. 3. Rear yard fencing visible from public streets (at top of slope) shall be decorative masonry. Rip-rap application for detention basin shall be as naturalized as possible. DRC ACTION AGENDA DR 99-72 - RYLAND HOMES February 29, 2000 Page 2 Retaining walls used in rear yard areas shall be decorative masonry and shall have vine planting at top of wall to cascade down over walls. The developer proposes split face block walls along the east and south tract boundaries because it requires less maintenance. The north tract wall is proposed as stucco. The Committee should discuss whether it is acceptable to have a wall material transition from stucco to split face at the southwest and northeast corners of Tract 15911 (northeast corner of East Avenue and SPRR). The established theme for the East Avenue Parkway wall is stucco with stone pilasters. Stone covered pilasters are proposed at transition points. Adjust pad elevations, wall heights, and slopes for lots along East Avenue to avoid excessively high retaining walls (such as Lots 1, 2, and 3 in Tract 15912 and Lots 2 and 33 in Tract 15911). Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion: Fieldstone veneer shall be natural river rock as opposed to a manufactured product. The developer mistakenly used manufactured river rock on Tract 15798 (near the southwest comer of the Route 30 and I-15 Freeways); however, staff has issued a correction to remove and replace with authentic river rock. Other types of stone veneers may be manufactured. 2. All walls visible from or facin9 a street shall be decorative masonry. Staff Recommendation: Staff recommends approval with the above comments. Design Review Committee Action: The Committee recommends approval subject to staffs comments and the following: 1. Provide a two-tone color scheme with the darker color on the base to mitigate visual impact of excessively high walls along the south and east boundaries of Tract 15911. 2. Provide a single-story home plotting along the north side of Tract 15911 to the degree possible. Members Present: Larry McNiel, Pam Stewart, Dan Coleman Staff Planner: Brent Le Count HOMETOWN II \ TRACT NO. 15911 ~ RYLAND HOMES OF CALIFORNIA, INC. "~ RANCHO CUCAMONGA, CA. HOMETOWN II TRACT NO. 15912 RYLAND HOMES OF CALIFORNIA, INC. ~.,,RANCHO CUCAMONGA, CA. ~Tract 15911 O~RYLAND Hi ....... SPLrFFACE WALL PE~DETArL C. T~S SHEET. ~A 8 9 10 A I STONE PILASTER/STUCCO WALL B I WOOD FENCE f=40' LANDSCAPE PLAN SHEET 1 OF 2 ~,v.~m Tract 15911 ~RYLAND HOMES ~A STONE PILASTERS STUCCO PERIMETER WALL ~c~ o ~ -- LOW RIVER ROCK ~.:.::-. ~.~.: ~. LANDSCAPE SECTIONS AND ELEVATIONS SHEET 2 OF 2 FEBRUARY 7, 2000 I Tract 15912 ~]~ RYLAND HOMES i icz_~ 8_tf.. '(:.)~%(.D Z ~A A ~ STONE PILASTER/STUCCO WALL B I WOOD FENCE C I TUBULAR STEEL FENCE ~) I SPLITFACE WALL/SOUND WALL LANDSCAPE PLAN ;-'-, , , Q FEBRUARY 7, 2000 OPT. BEDROOM 5 HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. FLOOR PLAN PLAN 1 4BR/3BA 2566 B.F. OPT. BEDROOM 4 & 5 HOMETOWN II TRACT NO. 16911 AND 16912 RYLAND HOMES OF CALFORNIA, INC. RANCHO CUCAMONGA, CA. FIRST FLOOR PLAN PLAN 2 49R/3BA 3093 S.F. HOMETOWN II TRACT NO. 169fi AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMON(~A, CA. SECOND FLOOR PLAN PLAN 2 4BR/3BA 3093 8.F, A HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. · ~ANCHO CUCAMONGA, CA. FIRST FLOOR PLAN PLAN 2'1 (INSIDE) 4BR/3BA 3093 S,F. HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. -,~ANCHO CUCAMONGA, CA. I SECOND FLOOR PLAN PLAN 2'1 <~.s~os~ 4BR/3BA 3093 S.F. BEDROOM 5 OPTION HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. ."~ANCHO CUCAMONQA, CA. FIRST FLOOR PLAN A PLAN 2'0 (OUTSIDE){ 4BR/3BA 3093 S.F. HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOME5 OF CALIFORNIA, INC. "~ANCHO CUCAMONQA, CA. SECOND FLOOR PLAN PLAN 2'O (OUTSIDE) 4BR/3BA 3093 S.F. HOMETOWN II TRACT NO. 15911AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. ZZz_ [ ZZZZ, FIRST FLOOR PLAN PLAN 3 5BR/3BA 3612 8.F.. 3 DEEI~4REVlEWBET HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. [- SECOND FLOOR PLAN PLAN 3 5BR/3SA 3612 6.F., FIRST FLOOR PLAN PLAN 3'O (OUTSIDE) 5BR/3BA 3612 S.F. HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. C::~ANCHO CUCAMONOA, CA. I)m REVIEW BET HOMETOWN II TRACT NO. 15911 AND 15912 SECOND FLOOR PLAN PLAN 3"{:)(OUTSIDE) 5BR/3BA 3612 S.F.. OARAGe ............. .... FIRST FLOOR PLAN PLAN 4 5RR/2.58A 3300 $.F. HOMETOWN II TRACT NO. 15911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. ALTERNATE GARAGE PLAN 4'0 COUTS:OE~ ] SECOND FLOOR PLAN PLAN 4 5BR/2.SBA 3300 S.F. W/ALTERNATE GARAGE PLAN 4-0 HOMETOWN II TRACT NO. 16911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONOA, CA. IGEVEWBET HOMETOWN II TRACT NO. 16911 AND 16912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. PLAN I L;FT 1A REAR 1A ROOF PLAN 1A HOMETOWN II TRACT NO. IS911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONOA, CA. PLAN I SANTA BARBARA 2C ' "~Y' CRAFTSMAN 2D PLAN 2 HOMETOWN II TRACT NO. 15911AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. SANTA BARBARA HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. 2C ,~,,A,,, CRAFTSMAN 2D PLAN 2-1 & 2-0 kam Fn ml LEFT ELEVATION 2B REAR ELEVATION 2B ROOF PLAN B HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. RIGHT ELEVATION 2B PLAN 2 (PLAN 2'1 & 2'0 SIMILAR) COUNTRY TRADITIONAL 3A HEARTLAND 38 SANTA BARBARA HOMETOWN II TRACT NO. 16911 AND 16912 RYLAND HOMES OF CALFORNIA, INC. RANCHO CUCAMONGA, CA. 3C PLAN 3 COUNTRY TRADITIONAL 3A HEARTLAND 3B SANTA BARBARA 3C CRAFTSMAN --~ '~ ,~. 3D PLAN 3-0 HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. LEFT ROOF PLAN 3C HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOMES OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. 3C REAR RIGHT PLAN 3 (PLAN 3'0 SIMILAR} 3C SC CRAFTSMAN 4D :SANTA BARBARA PLAN 4 PLAN 4-0 HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOME8 OF CALIFORNIA, INC. RANCHO CUCAMONGA, CA. LEFT 40 REAR 4D ROOF PLAN 4D RIGHT HOMETOWN II TRACT NO. 15911 AND 15912 RYLAND HOME8 OF CALIFORNIA, INC. RAliCHO CUCAMONGA, CA. PLAN 4 (PLAN 4-0 SIMILAR} RESOLUTION NO. 00-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW 99-72, THE DESIGN REVIEW FOR 78 HOMES WITHIN TENTATIVE TRACTS 15911 AND 15912, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT, (4-8 DWELLING UNITS PER ARCE) AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 and 227-141-11 and 12. A. Recitals. 1. Ryland Homes has filed an application for the approval of Development Review No. 99-72, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of October 1998, the Planning Commission of the City of Rancho Cucamonga conducted a meeting and approved Tentative Tracts 15911 and 15912 which are the sites of the current application. 3. On the 12th day of April 2000, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on April 12, 2000, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located on both sides of East Avenue on the north and south sides of an abandoned Southern Pacific railroad right-of-way with a street frontage of 1,240 feet on East Avenue and lot depth of 600 to 1,300 feet and is presently vacant and b. The property to the north of the subject site is vacant and developed with single family homes, the property to the south consists of vacant land and the I-15 Freeway, the property to the east is vacant and the 1-15 Freeway, and the property to the west is vacant and developed with single family homes: and c. The proposed home plans are the same as were recently approved for Tract 15798 and exhibit a high level of design integrity; and d. The General Plan and the Etiwanda Specific Plan designate a public Community Trail off-site within the railroad easement to the south of the Tract 15911 site; and PLANNING COMMISSION RESOLUTION NO. 00~31 DR 99-72 - RYLAND HOMES April 12, 2000 Page 2 e. The property is one block away from Etiwanda High School and approximately two blocks away from Etiwanda Intermediate School and will generate additional traffic and school children that will use East Avenue and Victoria Street; and f. High sound walls are proposed which will reduce noise from the I-15 Freeway for future residents; and g. The excessive height of the sound walls will be mitigated by using split faced and fluted block and a two toned color scheme; and h. The frontage improvements include construction of the East Avenue Parkway wall consistent with the Etiwanda Specific Plan; and i. Environmental impacts related to drainage, traffic, and noise will be mitigated to a level of less than significant. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code; and d. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on.the project which are listed below as conditions of approval. PLANNING COMMISSION RESOLUTION NO.00-31 DR 99-72 - RYLAND HOMES April 12, 2000 Page 3 c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division: 1) The East Avenue Parkway walls (stone pilaster with stucco walls and river rock planters) for Tract 15912 site shall have regularly spaced indents similar to or matching that of Tract 15911. The overall design of the wall shall be per the Etiwanda Specific Plan. 2) Rear yard fencing visible from public streets (at top of slope) shall be decorative masonry. 3) Rip-rap application for detention basin shall be as naturalized as possible. 4) Retaining walls used in rear yard areas shall be decorative masonry and shall have vine planting at top of wall to cascade down over walls. 5) Adjust pad elevations, wall heights, and slopes for lots along East Avenue to avoid excessively high retaining walls (such as Lots 1, 2, and 3 in Tract 15912 and Lots 2 and 33 in Tract 15911). s) Fieldstone veneer shall be natural dver rock as opposed to a manufactured product. Other types of stone veneers may be manufactured. 7) All walls visible from or facing a street shall be decorative masonry. 8) Provide a two-tone color scheme with the darker color on the base to mitigate visual impact of excessively high walls along the south and east boundaries of Tract 15911. 9) Provide a single-story home plotting along the north side of Tract 15911 to the degree possible. lo) Lot 2 of the Tract 15911 site shall have a terraced planter in rear yard to reduce overall height of combined retaining wall/garden wall along west property line. PLANNING COMMISSION RESOLUTION NO. 00-31 DR 99-72 - RYLAND HOMES April 12, 2000 Page 4 11) 12) Lower pad elevations along south side of Windy Grove Drive (Tract 15911 site) to reduce retaining wall heights as much as possible. For Lots 2, 11, 12, and 23 in Tract 15912 site, lower pad elevations so that corner side yard retaining walls are either eliminated or reduced in height. It would also be acceptable to provide 2-foot high terraced retaining wall instead of single 4-foot high retaining wall. For southwest corner of Lot 1 of Tract 15912 site, clip southwest corner of lot so that future lot to south will have more useable street. frontage and extend wrought iron fencing eastedy to be flush with front of home. Engineering Division: 1) All conditions of Tracts 15911 and 15912 shall apply. 2) Revisions to Lot A of Tract 15911 shall be accommodated as follows: a) Lot A shall be widened (4 feet) and Lots 14 through 17 shortened to accommodate a minimum separation of 5 feet between the existing Cucamonga County Water Distdct sewer and the footing for the perimeter sound and retaining wall. b) Provide barrier fencing on top of the retaining wall next to the freeway drainage swale, in lieu of standard 2-rail PVC, subject to approval of the City engineer and City Planner. Environmental Mitigation Measures: 1) A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The acoustical report shall evaluate exterior noise impacts from the I-15 Freeway. The acoustical report shall address the access trail designated as Lot A and provide recommendations for noise attenuation return walls. The design of the project shall comply with recommendations in the report. 2) A noise barrier ranging in height from 6 feet to 17 feet in height will be necessary to mitigate freeway noise. The noise barrier may be a combination of berming and masonry walls. In addition, intedor noise levels shall be mitigated through the imposition of a '~indows Closed" condition by the means of mechanical ventilation and upgraded windows. 3) Construct a 6-foot wide paved shoulder on the east and west sides of East Avenue from this development to Victoria Street, within existing rights-of-way. 4) Transportation Development Fees shall be paid, prior to final map approval in anticipation of a City project to install a traffic signal at the PLANNING COMMISSION RESOLUTION NO. 00-31 DR 99-72 - RYLAND HOMES April 12, 2000 Page 5 5) 6) 7) intersection of East Avenue and Victoria Street. Construct Etiwanda/San Sevaine Area 8 Master Plan Storm Drain facilities to the satisfaction of the City Engineer. The developer shall receive credit for the cost of permanent master plan facilities up to the amount of the related drainage fees in effect at the time reimbursement is requested and shall be reimbursed for excess costs from future fee collection in accordance with City policy. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. Construct Etiwanda/San Sevaine Interim Master Basin No. 5 as follows, justified by a final drainage report approved by the City Engineer: a) · Provide an ultimate design for the basin to serve the entire Etiwanda/San Sevaine Area 8 developed tributary area north of Base Line Road. b) Provide for maintenance vehicle access in the basin design. c) Install sufficient capacity to mitigate the increased runoff from this development, with an outlet system capable of handling the ultimate basin design (entire tributary area) with a minimum amount of modification as incremental development occurs. d) An Assessment District shall be formed for maintenance of the detention basin or a maintenance agreement with a refundable deposit shall be executed to the satisfaction of the City Engineer and the City Attorney guaranteeing private maintenance of the facility. but providing the City with the fight of access to maintain the facility if private maintenance is insufficient and allowing the City to assess those costs to the developer. Said agreement shall be recorded to run with the property. e) Basin shall be completed and operational, prior to the issuance of building permits. f) The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. It shall be the developer's responsibility to have the current FIRM Zone D designation removed from the project area. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA, prior to final map PLANNING COMMISSION RESOLUTION NO. 00-31 DR99-72 - RYLAND HOMES .... April12,2000 Page 6 approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA, prior to occupancy or improvement acceptance, whichever occurs first. The developer shall provide replacement windrows of 15-gallon Eucalyptus maculata (spotted gum) planted 8 feet on center, pursuant to the approved landscape plan, prior to occupancy. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~~Mc~el~C;~rma~n ATTEST: I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERIN0, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Development Review 99-72 - Ryland Homes This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project, This program has been prepared in compliance with State law to ensure thatadopted mitigation measures are implemented (Section 21081,6 of the Public Resources Code), Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measuresara recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom .and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. progresses, changes to compliance procedures may be necessary recommendations by those responsible for the program. As monitoring based upon Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure theyare filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentationwill be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program DR 99-72 - RYLAND HOMES Page 2 Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the requiredperiod of time. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST Project File No.: DR 99-72 Initial Study Prepared by: Brent Le Count Mitigation Measures No. I Implementing Action TranSportation/CirculatiOn Construct off-site roadway improvements. Pay applicable Transportation Development Fees shall be paid prior to final map approval in anticipation of a City project to install a traffic signal at the intersection of East Avenue and Victoria Street. Biological Resources Replace eucalyptus windrows (INITIAL STUDY PART III) Applicant: Rvland Homes Date: March 21, 2000 Responsible Monitoring Timing of Method of for Monitoring Frequency Verification Verification CE C/D PERMIT FINAL A/C CE C/D PRIOR TO BID FINAL MAP APPROVAL Verified Date/Initials CP B/C/D PLAN CHECK/ NC INSPECTION Sanctions for Non-Compliance 2/3 1 2/3 '*Water:: ....-: ..... ' Construct Etiwanda/San Sevaine Interim Master CE Basin No, 5 Remove the current FIRM Zone D designation for the project area. Construct Etiwanda/San Sevaine Area 8 Master Plan Storm Drain facilities. Noise Construct a noise barder ranging in height from 6 feet to 17 feet in height above pad level to mitigate freeway noise, Submit a final acoustical report for review prior to issuance of building permits - B/C PLAN CHECK/ NC INSPECTION CE B/C PRIOR TO BID OCCUPANCY CE B/C PLAN CHECK/ NC INSPECTION CP B/C/D PERMIT FINAL A/C 2/3 1 2/3 2/3/4 .%~:\pLANNING\BRENT\Environmental\dr9972.chk.doc Key to Checklist Abbreviations Responsible Person CDD - Community Development Director CP * City Planner or designee CE - City Engineer or designee BO - Building Official or designee PO - Police Captain or designee FC - Fire Chief or designee h\PLANNING\FINAL\CEQA\MMCHKLST.WpD Monitoring Frequency A * With Each New Development B - Prior To Construction C * Throughout Construction D - On Completion E - Operating Method of Verification A - On-site Inspection B - Other Agency Permit / Approval C - Plan Check D - Separate Submittal (Reports / Studies / Plans) Sanctions I - Withhold Recerdation of Final Map 2 - Withhold Grading or Building Permit 3 - Withhold Certificate of Occupancy 4 - Stop Work Order 5 - Retain Deposit or Bonds 6 - Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBJECT: APPLICANT: LOCATION: Development Review 99-72 New Single Family Ryland Homes Tracts 15011 amd 15012 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1. The applicant shall ag~'ee to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a coud to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. Completion Date I B. Time Limits 1. Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. SC -2-00 ZD5 Project No. DR 99-72 Completion Date 10. 11. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. All ground-mounted utility appudenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. Street names shall be submitted for City Planner review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. a. Local Feeder Trails (i.e., private equestrian easements) shall, at a minimum, be fenced with two-rail, 4-inch lodgepole "peeler" logs to define both sides of the easement; however, developer may upgrade to an alternate fence material. b. Local Feeder Trail entrances shall also provide access for service vehicles, such as veterinarians or hay deliveries, including a 12-foot minimum drive approach. Entrance may be gated provided that equestrian access is maintained through step-throughs. C. Local Feeder Trail grades shall not exceed 0.5% at the downstream end of a trail for a distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street. Drainage devices may be required by the Building Official. d. Provide a 24-foot by 24-foot corral area in the rear yard. Grade access from corral to trail with a maximum slope of 5:1 and a minimum width of 10 feet. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 Of each and every year and whenever said information changes. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing wails/fences along the project's perimeter. For single family residential development, a 2-inch galvanized pipe shall be attached to each support post for all wood fences, with a minimum of two Y~-inch lag bolts, to withstand high winds. Both post and pipe shall be installed in an 18-inch deep concrete footing. Pipe shall extend at least 4 feet, 6 inches above grade. SC-2~0 Project No, DR 99-72 Completion Date 12. Wood fencing shall be treated with stain, paint, or water sealant. 13. For residential development, return walls and corner side wails shall be decorative masonry. 14. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. D. Parking and Vehicular Access (indicate details on building plans) 1. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. All private slopes of 5 feet or more in vedical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1- gallon or larger size shrub per each 100 sq. tic. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For single family residential development, all slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and/or EEtiwanda Specific Plan. This requirement shall be in addition to the required street trees and slope planting. The final design of the perimeter parkways, wails, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. Special landscape features such as East Avenue theme wall and intensified landscaping, is required along East Avenue. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. / I / / I I I / / I I I SC-2~0 Project No. DR 99-72 ComDtetion Date 10. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. 11. On projects which abut the 1-15 Freeway, the developer shall provide landscaping within the __ __ __ freeway right-of-way along the boundary of this project or pay an in-lieu of construction cash deposit. The landscape and irrigation plans shall be prepared in conformance with Caltrans and City Standards through the City of Rancho Cucamonga. Plans shall be reviewed and approved by the City Planner and City Engineer. Landscape and irrigation shall be installed prior to the release of occupancy of the project. If final approvals and/or installation is not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way. 12. New windrow planting of Eucalyptus Maculata (Spotted Gum) is required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19.08.100). F. Environmental 1. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The buitding plans will be checked for conformance with the mitigation measures contained in the final report. 2. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00, prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. G. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. General Requirements 1. · Submit four complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and SC-2-00 Project No. DR 99-72 Completion Date g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. Separate permits are required for fencing and/or walls. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DR 99-72). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. 4. For projects using septic tank facilities. written certification of acceptability, including all supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. . Provide compliance with the Uniform Building Code for required occupancy separation(s). 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Roofing materials shall be Class "A." K. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. SC -2-00 Project No. DR 99-72 Comoletion Date A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. The final grading plans shall be completed and approved prior to issuance of building permits. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909} 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. The developer shall commence, participate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the District and the developer by the time recordafion of the final map occurs. Fire flow requirement shall be:1,500 gallons per minute, Per '97 UFC Appendix Ill-A, 5, (b) (Table). a. A previous fire flow conducted (October 27, 1999 revealed 8556 gpm available at 20 psi. - OR- b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by fire department personnel after construction and prior to occupancy. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be apgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Fire District that an approved temporary water supply for fire protection is available, pending completion of the required fire protection system. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. An automatic fire extinguishing system(s) will be required as noted below: Per Rancho Cucamonga Fire Protection District Ordinance 15. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, fiammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. Roadways within project shall comply with the Fire District's fire lane standards, as noted: All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. Fire department access shall be amended to facilitate emergency apparatus. / I / / SC -2-00 Project No, DR 99-72 CornDletion Date 10. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire apparatus. 11. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. 12. Fire District fee(s), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: $132 for CCWD Water Plan review/underground waster supply. $132 for Single Family Residence Development. 13. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. SC-2~0 j// RESOLUTION NO. 00-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE NO. 99-11 TO ALLOW WALLS UP TO APPROXIMATELY 21 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF SIX FEET IS ALLOWED LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RIGHT-OF-WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 AND 227- 141-11 AND 12. A. Recitals. 1. Ryland Homes has filed an application for the issuance of Variance No. 99-11 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 12th day of April 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said headrig on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission dudng the above- referenced public hearing on Apdl 12, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on both sides of East Avenue on the north and south sides of abandoned railroad right-of-way with a street frontage of 1,240 feet on East Avenue and lot depth of 600 to 1,300 feet and is presently vacant; and b. The property to the north of the subject site is vacant and developed with single family homes, the property to the south consists of vacant land and the I-15 Freeway, the property to the east is vacant and the 1-15 Freeway, and the property to the west is vacant and developed with single family homes; and c. The increase in wall height is necessary to reduce noise from the I-15 Freeway to an acceptable level for residential development; and d. The visual impact of the increase in wall height will be mitigated by providing a two- tone color scheme and decorative wall material. PLANNING COMMISSION RESOLUTION NO. 00~32 VAR 99-11 - RYLAND HOMES April 12, 2000 Page 2 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Commission hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code in that the only alternative to mitigate freeway noise without exceeding the six foot wall height limit would be to construct very high earthen berms which would severely limit the site area available for residential development. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district in that the site is located adjacent to the 1-15 Freeway which generates substantial traffic noise. Freeway noise must be reduced to acceptable levels in order to permit residential development of the site consistent with noise thresholds established by the General Plan and the Development Code. c. That stdct or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district in that compliance with the six foot height limit would preclude the site from being developed in concert with the permitted land uses due to excessive freeway noise. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district in that most other properties in the district are not equally impacted by the I-15 Freeway noise. e. That the granting of the Vadance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that for the most part the walls will not be completely visible to the public and the walls will have a two-tone color scheme with split faced and fluted block to soften their appearance. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: a) Provide a two-tone color scheme with the darker color on the base of the walls. Additionally use a split face/fluted block design along with a vine planting at the base to mitigate visual impact of excessively high walls along the south and east boundaries of the Tract 1911 site. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2000. PLANNING COMMISSION RESOLUTION NO. VAR 99-11 - RYLAND HOMES April 12, 2000 Page 3 00"32 I, Bred Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of April 2000, by the following vote-to-wit: AYES: NOES: COMMISSIONERS: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NONE ABSENT: COMMISSIONERS: NONE c/z// CITY OF RANCHO CUCAMONGA PLANNING COMMISSION MINUTES Regular Meeting Apdl 12, 2000 Chairman McNiel called the Regular Meeting of the City of Rancho Cucamonga Planning Commission to order at 7:03 p.m. The meeting was held in the Council Chamber at Rancho Cucamonga Civic Center, 10500 Civic Center Ddve, Rancho Cucamonga, California. Chairman McNiel then led in the pledge of allegiance. ROLL CALL COMMISSIONERS: PRESENT: Rich Macias, John Mannedno, Larry McNiel, Pam Stewart, Peter Tolstoy ABSENT: None STAFF PRESENT: Brad Buller, City Planner; Dan Coleman, Pdncipal Planner; Kevin Ennis, Assistant City Attorney; Nancy Fong, Senior Planner, Rick Gomez; Community Development Director, Dan James, Senior Civil Engineer, Brent Count, Associate Planner; Debra Meier, Contract Planner; Lois Schrader, Planning Secretary; Rudy Zeledon, Assistant Planner ANNOUNCEMENTS Brad Buller, City Planner, announced that Consent Items A and B have companion Items shown as Public Headng Items C and D and that the Consent items would be presented by staff in conjunction with their related public hearing applications. Mr. Buller added that Items E, F and G would also be heard together. Mr. Buller announced that there would be an oral report in regard to the Central Park presented by Mr. Rick Gomez, Community Development Director following the General Plan Update report. APPROVAL OF MINUTES Motion: Moved by Mannerino, seconded by Stewart, carded 4-0-1 (Macias abstained), to approve the minutes of March 22, 2000. Motion: Moved by Mannerino, seconded by Stewart, carried 4-0-1 (Macias abstained), to approve the minutes of the Adjourned Meeting March 22, 2000. CONSENTCALENDAR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 99-72 - RYLAND HOMES - The design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast comers of East Avenue Planning Commission Minutes -1- April 12, 2000 and the Southem Pacific Railroad right-of-way - APN: 227-131-05 and 227-141-11 and 12. Related File: Vadance 99-11. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 00-07 - FORECAST HOMES - The design review of building elevations and detailed site plan for recorded Tract 13759 consisting of 56 single-family lots on 14 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the west side of Haven Avenue, east side of Center Avenue, and north of the Southem Pacific Railroad right-of-way - APN: 1076-301-20 through 75. Related files: Variance 00-01 and Tree Removal Permit 00-07. PUBLIC HEARINGS VARIANCE 99-11 - RYLAND HOMES - A request to construct perimeter tract walls up to approximately 17 feet high where a maximum height of 6 feet is permitted for freeway noise mitigation purposes for Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast comers of East Avenue and the Southern Pacific right-of-way - APN: 227-131-05 and 227-141-11 and 012, Related File: Development Review 99-72. Brent Le Count, Associate Planner, presented the staff report. Chairman McNiel asked if some of the proposed wall runs along the Rails to Trail connection. Mr. Le Count responded affirmatively and explained that the maximum wall height at that point would be 11 feet. Chairman McNiel asked for a description of the treatment that would be used for the wall. Mr. Le Count explained that to mitigate the appearance of the wall, certain materials would be required such as split faced/fluted block, a two-tone color scheme to break up the visual height of the wall and vine pockets. Chairman McNiel asked if the vine pockets would be sufficient for graftill coverage. Commissioner Stewart concurred that she definitely wanted vine pockets. Mr. Le Count stated it would be enough if the little bunnies don't eat them all. Commissioner Tolstoy suggested that Mr. Le Count call RBF Associates and let them know that the freeway should be referred to as State Highway 15, not 31. Chairman McNiel opened the public hearing. John Melcher, P.O. Box 1085, Rancho Cucamonga, representing Ryland Homes, stated that they had worked closely with staff and had read all the conditions and are requesting approval from the Planning Commission. Chairman McNiel hearing no further comments, closed the public hearing. Planning Commission Minutes -2- April 12, 2000 Commissioner Tolstoy commented that as a rule, he hates high walls and he hates to see people walled in, but that since it is required for the comfort of the people living there, he has no problem with it. Chairman McNiel commented that the problem in this case is that in order to have enough berm height that would reduce the height of the wall, valuable land would be consumed which is intended for a linear park. He noted that they had to take the approach of the lesser of two evils by providing the wall height, but to disguise it in the best way possible. Commissioner. Tolstoy noted that in 1977, Rancho Cucamonga was known as the '%Nailed city." Motion: Moved by Mannerino, seconded by Madas to issue the Negative Declaration and adopt the Resolutions and Conditions approving Development Review 99-72 and Variance 99-11. Motion carded by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded VARIANCE 00-01- FORECAST HOMES - A request to increase the wall height to 12 feet along the southern boundary of recorded Tract 13759 where the Development Code allows a maximum wall height of 6 feet for Development Review 00-07 located on thewest side of Haven Avenue, east side of Center Avenue and north of the Southern Pacific Railroad fight-of-way - APN: 1076-301-20 through 75. Related files: Development Review 00-07 and Tree Removal Permit 00-07. RUdy Zeledon, AsSistant Planner, presented the staff report. Mr. Zeledon reported that several telephone Calls had been received from residents on the north side of the proposed project with complaints that their walls had been damaged by the rough grading taking place on the site. Mr. Zeledon further explained that the applicant has been working with the residents on a case by case basis to repair or replace the damaged walls. Chairman McNiel asked if there were any questions. Commissioner Tolstoy asked if most of the water runoff from the project would drain to Haven Avenue. Mr. Zeledon stated that the lots will drain to a catch Basin. Chairman McNiel opened the public hearing. Jimmy Previty from Forecast Homes, 10670 Civic Center Drive in Rancho Cucamonga, stated they are anxious to do business in Rancho Cucamonga. Commissioner Stewart asked how the negotiations with the residents are progressing in relation to the damaged walls. Mr. Previty stated it is going faidy well and that they had already replacad one homeowner's wall and making repairs to another. He continued by noting that they were in an unusual situation because the map was 10 years old and previous agreements had been made with the homeowners in regard to the common wall. He commented that some of the homeowners were dissatisfied with the original agreement, others wanted a new wall and some others did not. He added that from their marketing standpoint, they would prefer to replace the entire wall, but some of the homeowners were Planning Commission Minutes -3- April 12, 2000 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING DEVELOPMENT REVIEW 99-72 THE APPEAL OF THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR 78 HOMES WITHIN TENTATIVE TRACTS 15911 AND 15912 IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY - APN: 227-131-05 AND 227-141-11 AND 12. A. Recitals. 1. Ryland Homes has filed an application for the approval of Development Review 99-72, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of October 1998, the Planning Commission of the City of Rancho Cucamonga conducted a meeting and approved Tentative Tracts 15911 and 15912, which are the sites of the current application. 3. On the 12th day of April 2000, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the applicafion and concluded said meeting on that date. 4. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 5. On June 7, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the fads set forth in the Recitals, Pad "A," of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on June 7, 2000, including, but not limited to, wdtten and oral staff repods, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 00-31, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located on both sides of East Avenue on the north and south sides of an abandoned Southern Pacific Railroad right-of-way with a street frontage of 1,240 feet on East Avenue and lot depth of 600 to 1,300 feet and is presently vacant; and CITYCOUNCIL RESOLUTION NO. APPEAL OF DR 99-72 - BANKS June 7,2000 Page 2 b. The property to the north of the subject site is vacant and developed with single- family homes, the propertyto the south consists of vacant land and the 1-15 Freeway, the propertyto the east is vacant and the I-15 Freeway, and the properly to the west is vacant and developed with single-family homes; and c. The proposed home plans are the same as were recently approved for Tract 15798 and exhibit a high level of design integrity; and d. The General Plan and the Etiwanda Specific Plan designate a public Community Trail off-site within the railroad easement to the south of the Tract 15911 site; and e. The property is one block away from Etiwanda High School and approximately two blocks away from Etiwanda Intermediate School and will generate additional traffic and school children that will use East Avenue and Victoda Street; and f. High sound walls are proposed which will reduce noise from the I-15 Freeway for future residents; and g. The excessive height of the sound walls will be mitigated by using split faced and fluted block and a two-toned color scheme; and h. The frontage improvements include construction of the East Avenue Parkway wall consistent with the Etiwanda Specific Plan; and i. Environmental impacts related to drainage, traffic, and noise will be mitigated to a level of less than significant. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on June 7, 2000, including, but not limited to, written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, the contents of Planning Commission Resolution No. 00-31, and together with public testimony, this Council hereby specifically finds as follows with reference to points raised by the appellant: a. That it would be infeasible for the developer to provide a buffer zone with berms and trees to control freeway noise because the extreme width of such a buffer zone would preclude development of the site consistent with Etiwanda Specific Plan permitted land uses; and b. While high walls proposed within the development may cause large shadow areas, these areas only impact homes within the project and any impact is offset by the noise attenuation function of the walls; and c. It is feasible to design and engineer walls high enough to effectively mitigate freeway noise; and d. The walls are designed with decorative masonry and include vine pockets with provisions for vine planting to grow onto the outside of the walls; and e. The use of higher than normal walls has already been established as precedence for freeway noise mitigation elsewhere in the community. CITYCOUNCIL RESOLUTION NO. APPEAL OF DR 99-72 - BANKS June 7,2000 Page 3 4. Based upon the substantial evidence presented to this Council during the above- referenced public headrig on June 7, 2000, and upon the specific findings of fact set fodh in paragraphs 1,2, and 3 above, this Council hereby specifically finds as follows: a. That the proposed project is consistent with the objectives of the General Plan in that it includes high quality residential design appropriate to the Etiwanda area and will minimize noise levels from the I-15 Freeway for residents within the tract; b. That the proposed design is in accord with the objectives of the Development Code and the Etiwanda Specific Plan and the purposes of the district in which the site is located in that it is responsive to the environmental resources of the site, promotes development compatible with surrounding uses, and minimizes the impact of high sound walls on the surround area; c. That the proposed design is in compliance with each of the applicable provisions of the Development Code and the Etiwanda Specific Plan; d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that it minimizes potential fire, seismic, and flood related hazards. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in Planning Commission Resolution No. 00-31, attached herato. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certif,J to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Carlos Garcia with Ryland Homes and James Banks, at the addresses identified in City records. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING VARIANCE NO. 99-11 TO ALLOW WALLS UP TO APPROXIMATELY 21 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF SIX FEET IS ALLOWED LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RIGHT-OF- WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 AND 227-141-11 AND 12. A. Recitals. 1. Ryland Homes has filed an application for the approval of Development Review No. 99-72, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of October 1998, the Planning Commission of the City of Rancho Cucamonga conducted a meeting and approved Tentative Tracts 15911 and 15912 which are the sites of the current application. 3. On the 12th day of April 2000, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. 4. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 5. On June 7, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public headng on the application. 6. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public headng on June 7, 2000, including, but not limited to, wdtten and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 00-32, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located on both sides of East Avenue on the north and south sides of abandoned Southern Pacific Railroad right-of-way with a street frontage of 1,240 feet on East Avenue and lot depth of 600 to 1,300 feet and is presently vacant; and CITYCOUNCIL RESOLUTION NO. APPEAL OF VAR 99-11 - BANKS June 7,2000 Page 2 b. The property to the north of the subject site is vacant and developed with single-family homes, the property to the south consists of vacant land and the 1-15 Freeway, the property to the east is vacant and the 1-15 Freeway, and the property to the west is vacant and developed with single-family homes; and c. The increase in wall height is necessary to reduce noise from the I-15 Freeway to an acceptable level for residential development; and d. The visual impact of the increase in wall height will be mitigated by providing a two- tone color scheme and decorative wall material. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced public hearing on June 7, 2000, including, but not limited to, wdtten and oral staff reports, the minutes of the above-referenced Planning Commission meeting, the contents of Planning Commission Resolution No. 00-32, and together with public testimony, this Council hereby specifically finds as follows with reference to points raised by the appellant: a. That it would be infeasible for the developer to provide a buffer zone with berms and trees to control freeway noise because the extreme width of such a buffer zone would preclude development of the site consistent with Etiwanda Specific Plan permitted land uses; and b. While high walls proposed within the development may cause large shadow areas, these areas only impact homes within the project and any impact is offset by the noise attenuation function of the walls; and c. It is feasible to design and engineer walls high enough to effectively mitigate freeway noise; and d. The walls are designed with decorative masonry and include vine pockets with provisions for vine planting to grow onto the outside of the walls; and e. The use of higher than normal walls has already been established as precedence for freeway noise mitigation elsewhere in the community. 4. Based upon the substantial evidence presented to this Council dudng the above- referenced public headng on June 7, 2000, and upon the specific findings of fact set forth in paragraphs 1, 2, and 3 above, this Council hereby specifically finds as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code in that the only alternative to mitigate freeway noise without exceeding the six foot wall height limit would be to construct very high earthen herins which would severely limit the site area available for residential development. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same distdct in that the site is located adjacent to the 1-15 Freeway which generates substantial traffic noise. Freeway noise must be reduced to acceptable levels in order to permit residential development of the site consistent with noise thresholds established by the General Plan and the Development Code. CITY COUNCIL RESOLUTION NO. APPEAL OF VAR 99-11 - BANKS June 7, 2000 Page 3 c. That stdct or literal interpretation and enforcement of the specified regulation would depdve the applicant of privileges enjoyed by the owners of other properties in the same district in that compliance with the six foot height limit would preclude the site from being developed in concert with the permitted land uses due to excessive freeway noise. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district in that most other properties in the district are not equally impacted by the I-15 Freeway noise. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that for the most part the walls will not be completely visible to the public and the walls will have a two-tone color scheme with split faced and fluted block to soften their appearance. 5. Based upon the findings and conclusions set forth in paragraphs 1.2, 3, and 4 above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in Planning Commission Resolution No. 00-32, attached hereto. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Cados Garcia with Ryland Homes and James Banks, at the addresses identified in City records. THE CITY I~ANCIIO OF CUCA~ONGA S' ff:fReport DATE: TO: FROM: BY: SUBJECT: June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Walter Stickney, Associate Engineer FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 9 FOR TRACTS 15911 AND 15912, LOCATED NORTH OF BASE LINE ROAD ON BOTH SIDES OF EAST AVENUE, SUBMITTED BY RYLAND HOMES. AND FOR TRACTS 15711-1 AND 15711-2, LOCATED NORTH OF FOOTHILL BOULEVARD, EAST OF ETIWANDA AVENUE, SOUTH OF THE INTERSTATE 15 FREEWAY AND WEST OF EAST AVENUE, SUBMITTED BY RC HOMES RECOMMENDATION: It is recommended that the City Council adopt the attached resolution declaring the results of the assessment ballot tabulation, forming Landscape Maintenance District No. 9, ordering maintenance work therein and providing for the levy of annual assessments. BACKGROUND/ANALYSIS: Tentative Tract 15711, generally located north of Foothill Boulevard, east of Etiwanda Avenue, south of the Interstate 15 Freeway and west of East Avenue in the Low-Medium Residential District of the Etiwanda Specific Plan. was approved by the Planning Commission on August 14, 1996, and has had two time extensions. Tentative Tracts 15911 and 15912, located north of Base Line Road on the east and west sides, respectively, of East Avenue in the Low-Medium Residential District of the Etiwanda Specific Plan, was approved by the Planning Commission on October 14, 1998. All three tentative tracts were required to "join and/or form the appropriate Landscaping and Lighting Districts" prior to final map approval. CITY COUNCIL STAFF REPORT LMD 9 FORMATION JUNE 7, 2000 Page 2 Due to cost limitations in Assessment District 8 the two property owners, preparing to record two final maps each, petitioned the City Council to form Landscape Maintenance District No. 9. The City Council, at its meeting of May 17, 2000, initiated the formation proceedings, approved the Assessment Engineers Report, and declared its intent to form LMD 9. The boundary of proposed Landscape Maintenance District No. 9 generally encompasses the area south of Victoria Avenue and east of Etiwanda Avenue, north of the Interstate 15 Freeway, and the area north of Foothill Boulevard and west of East Avenue, south of the Interstate 15 Freeway (Exhibit A). The district will be formed with Tracts 15711-1, 15711-2, 15911 and 15912. Additional tracts within this district boundary will be annexed at the time of recordation. Assessment ballots were mailed to all affected property owners on May 18, 2000. The returned ballots will be tabulated at the public hearing following the close of the public input portion. If a majority protest does not exist, the Council can proceed with the formation. Respectfully Submitted, .p/ VVilliam J. O'Neil City Engineer WJO:WS:sd Attachment Exhibit A Proposed Boundaries of Landscape Maintenance District No. 9 RESOLUTION NO. t~O- / C) 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION, FORMING LANDSCAPE MAINTENANCE DISTRICT NO. 9, ORDERING WORK THEREIN AND CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT THEREIN WHEREAS, the City Council of the City Of Rancho Cucamonga, California, has initiated proceedings for the formation of and levy of the annual assessment in a special maintenance district created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Landscaping Act"), Article XIIID of the Constitution of the State of California ("Article XIIID') and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"), such special maintenance district known and designated as Landscape Maintenance District No. 9 (the "District"), and, WHEREAS, the owners of each parcel of property proposed to be assessed has expressly waived the time period for the notice of the public heating and the assessment ballot proceedings as required by the Assessment Law; and WHEREAS, the City Council previously received and preliminarily approved a report from the Assessment Engineer (the "Assessment Engineer's Report") and this City Council is now satisfied with the assessment and diagram and all other matters as contained in the Assessment Engineer's Report as now submitted for final consideration and approval. NOW, THEREFORE, BE IT RESOLVED AND DETERMINED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. PROCEDURES SECTION 2. This City Council hereby finds and determines that the procedures for the consideration of the formation of the District and levy of the assessments therein have been undertaken in accordance with the Assessment Law. RESOLUTION NO. LANDSCAPE MAINTENANCE DISTRICT NO. 9 June 7, 2000 Page 2 ASSESSMENT BALLOT PROCEDURES SECTION 3. Assessment ballots were mailed as required by Assessment Law to the record owners of all properties within the District, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and this City Council and the results of such tabulation have been submitted to this City Council. This City Council hereby finds that the assessment ballots submitted in favor of the levy of assessments as shown in the Assessment Engineer's Report as weighted in accordance with Assessment Law exceed the assessment ballots submitted in opposition to such levy also as weighted in accordance with Assessment Law. Therefore, no majority protest to the levy of assessments within the District has been found to exist. FORMATION OF DISTRICT SECTION 4. This City Council hereby orders the formation of the Dishrict. DETERMINATIONS AND CONFIRMATION OF ASSESSMENTS SECTION 5. Based upon the Assessment Engineer' s Report and the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed for Fiscal Year 2000-2001 and the maximum annual assessments proposed to be imposed to pay for the estimated costs of the installation and maintenance of all of the improvements to ultimately be maintained upon the completion and acceptance of thereof: The proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of the cost of the installation, maintenance and operations expenses. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel from the improvements to be installed and/or maintained. Only the special benefits have been assessed. There are no parcels within the District that are owned or used either by a local government, the State of California or the United States and which specially benefit from the improvements to be installed and/or maintained. The assessments for the District contained in the Assessment Engineer' s Report for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels in the District in the amounts as set forth in such Assessment Engine~r's Report. Subsequent annual assessments in RESOLUTION NO. LANDSCAPE MAINTENANCE DISTRICT NO. 9 June 7, 2000 Page 3 amounts not to exceed the maximum annual assessment of the estimated costs of the installation and/or maintenance of all of the improvements to ultimately be installed and/or maintained upon the completion and acceptance of thereof as set forth in the Assessment Engineer's Report may be subsequently confirmed and levied without further assessment ballot proceedings pursuant to the Assessment Law. The maximum annual assessment may be adjusted for inflation annually commencing with Fiscal Year 2001-2002 based upon the increase in the Consumer Price Index CCPI"), All Urban Consumers, for the Los Angeles - Anaheim - San Bemardino Area, as determined by the United States Department of Labor, Bureau of Labor Statistics, or its successor. The Assessment Engineer shall compute the difference between the CPI for March of each year and the CPI for March of the preceding year and shall then increase the maximum annual assessment which may be authorized to be levied in the following fiscal year by such percentage difference. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the Assessment Engineer shall utilize such revised index or such other comparable system as may be approved by the City Council. The annual assessment levied in future fiscal years shall not be deemed to be "increased" as such term is defined in the Assessment Law so long as such annual assessment does not exceed the maximum annual assessment adjusted for inflation. ORDERING OF INSTALLATION AND MAINTENANCE SECTION 6. The public interest and convenience requires, and this legislative body does hereby order the installation and maintenance work to be made and performed as said installation and maintenance work is set forth in the Assessment Engineer' s Report and as previously declared and set forth in the Resolution of Intention. FILING WITH CITY CLERK SECTION 7. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. FILING WITH THE COUNTY AUDITOR SECTION 8. The City Clerk is hereby ordered and directed to immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing to be made no later than the 3rd Monday in August. RESOLUTION NO. LANDSCAPE MAINTENANCE DISTRICT NO. 9 June 7, 2000 Page 4 ENTRY UPON THE ASSESSMENT ROLL SECTION 9. After the filing of the diagram and assessment, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount assessed thereupon, as shown in the assessment. COLLECTION AND PAYMENT SECTION 10. The assessments shall be collected at the same time and in the same manner as County taxes are collected, and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. FISCAL YEAR 2000-2001 SECTION 11. The assessments as above confumed and levied for these proceedings will provide revenue to finance the installation and maintenance of authorized improvements in the fiscal year commencing July 1, 2000 and ending June 30, 2001. APPROVED AND ADOPTED this day of ,2000. ATTEST: Mayor City Clerk I hereby certify that the foregoing Resolution was duly adopted by the City of Rancho Cucamonga at a regular meeting thereof held on the __ day of ,2000, by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: City Clerk I~ANCIIO CUCAFiONGA Staff Report DATE: June 7, 2000 FROM: BY: Mayor and Members of the City Council Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director~ Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FAC'LH'IFS DISTRICT NO. 84-1 (DAY CRFEKDRAINAGE SYSTH~ WITHOUT AN INCREASE TO RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing an annual special tax levy to discharge bond obligations in Community Facilities District No. 84-1 (Day Creek Drainage System). Pursuant to Section 53340 and 53358 of the Govemment Code Mello-Roos Community Facilities District Act of 1982. City Council is authorized to annually levy the tax rate to pay debt service on the bonds. There is no increase to the current tax rate for fiscal year 2000/2001. BACKGROUND/ANALYSIS In 1984 an election was held and the property owners within the boundary of Community Facilities District No. 84-1 (Day Creek Drainage System) authorized the district ti incur bonded indebtedness in the principal amount of $20,225,000. Bonds were issued in August of 1985 in the amount of $18,000,000 to finance the construction of the day Creek Channel. In 1986 the area between Milliken, Rochester and Highland and the northe~y city Jimits was annexed into the district. On April 1, 1992, the City Council adopted Resolution No. 92-079 authorizing the refunding of special tax bonds for this district. The re~mding bonds were issued in May 1992 in the amount of $16,530,000. On June 3, 1999, City Council also adopted Resolution No. 99-126 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July 1999 in the amount of $8,745,000. o73/ CITY COUNCIL STAFF REPORT CFD NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) June 7, 2000 Page 2 The maximum rate for the special tax was set at $550 per acre when the district was formed. Since the formation, the rate has been $350 per acre and the Redevelopment Agency contributes the difference in the rates. The authorized bond refunding in 1992, adjusted the rate to $297.48 for a savings of $52.52 per acre to the property owners. However, the bond refunding in 1999 again adjusted the rate to $268.07 per acre for an additional savings of $29.41 to the property owners. Re submitte , ( .. Administrative Services Director Attachments: Resolution Exhibit "A" Annual Status Report Map -2- RESOLUTION NO. O0 -- [~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL~ORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT 84-1 (DAY CREEK DRAINAGE SYSTEM) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Commtmity Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of Califomia. This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Califomia, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, 1T IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2000/2001 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: Resolution No. Page 2 Payment of principal of and interest on any outstanding authorized bonded indebtedness; Necessary replenishment of bond reserve fimds or other reserve ~mds; Payment of costs and expenses of authorized public facilities and public services. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the COunty is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. Page 3 PASSED, APPROVED, and ADOPTED this AYE S: NOES: ABSENT: ABSTAINED: day of Jtme, 2000 William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK, of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June, 2000. Executed this day of June, 2000 at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 84-1 (DAY CREEK DRAINAGE SYSTEM) EXHIBIT "A" The Community Facilities District has been divided into two zones: 1. ZONE "A": General areas to be served by the drainage facilities, exclusive of Zone "B". 2. ZONE "B": A limited area, being only partially served by drainage facilities. Zone "B": consists of those properties bounded on the south by FOOTHILL BOULEVARD, on the East by ROCHESTER AVENUE, on the North by BASELINE ROAD, and on the West by MILLIKEN AVENUE. The rate, method and formula for the levy of the special tax for the respective zones, being Zone "A" and Zone "B", is as follows, based upon an estimated bond amount of $18,000,000 payable over a period of twenty (20) years. ZONE "A": $268.07 PER ACRE. ZONE "B": $268.07 PER ACRE FOR 190 ACRES. For the purpose of defining the maximum special Tax, "ACRE" shall mean acres contained in area of the parcel as determined using the acres as shown on the latest San Bernardtoo County Assessor' s maps. CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 84-1 DAY CREEK DRAINAGE SYSTEM ANNUAL STATUS REPORT JUNE 2000 BACKGROUND On June 26, 1984, the electors within the boundaries of Community Facilities District No. 84-1 (Day Creek Drainage System) authorized the District to incur bonded indebtedness in the principal amount of $20,225,000. In August 1985 bonds in the amount of $18,000,000 were issued to finance the construction and installation of public capital drainage facilities to serve and provide drainage protection to all properties located within the boundaries of Community Facilities District No. 84-1 (Day Creek Drainage System). In March of 1986 the area bounded on the west by Milliken Avenue, on the north by the northerly City limits, on the east by Rochester Avenue and on the south by Highland Avenue was annexed into the district. The first annual special tax rate of $350 per acre was set by City Council in Fiscal Year 1985/86. This rate has never been increased in the ensuing fiscal years. However, on May 5, 1992, the City conducted a re~mding of this district. Bonds were issued for $16,530,000.00 to cover the remaining debt. The savings from this refunding were passed on to the residents and decreased the special annual tax fi:om $350 per acre to $297.48 per acre. This district was again refunded on July 1, 1999 as part of the City of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority". The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligations for Community Facilities District 84-1 is the aggregate principal amount of $8,745,000. The savings from this refunding was once again passed on to residents and the special tax is now $268.07 per acre. Under the Loan and Pledge Agreement the Redevelopment Agency contributes sufficient ~mds each fiscal year, that when combined with the special tax meet the requirements of the annual debt service payment. All phases of construction for the Day Creek Drainage System are completed. The construction contract was administered by the County of San Bernardino. FISCAL YEAR 2000/2001 The current rate of $268.07 per acre for fiscal year 2000/2001 along with the Redevelopment Agency contribution of $975,000 will provide sufficient funding to pay debt service in the amount of $1,645,960. COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES DELINQUENT ASSESSMENTS $1,645,960 $ 175,630 $ 0 $ 8,500 $1,830,090 SOURCES: DELINQUENT ASSESSMENTS INTEREST REVENUE SPECIAL TAX REDEVELOPMENT AGENCY $268.07 PER ACRE $ 9,970 $ 51,260 $ 793,860 $ 975,000 $1,830,090 Hillside Rd Foothi# BI ~ Community Facilities District 84-1 Base Line Rd 1 0 1 2 Mires 4fh St LEGEND END ~ CFD 84-1 Zone B CFD 84-1 Boundary City Limits Created by: Chds Bopko May 22, 2000 RANCHO CUCA MONGA ADMINISTRATIVE SERVICES June 7,2000 BY: SUBJECT: Mayor and Members of the City Coundl Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Director ~ Ingdd Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution authorizing an annual special tax levy to discharge bond obligations in Community Facilities District No. 93-3 (Foothill Marketplace). There is no increase from the current tax rate for fiscal year 2000/01. Pursuant to Section 53340 and 53358 of the Government Code Mello- Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds. BACKGROUND/ANALYSIS On December 1, 1993, an election was held and the property owners within the boundary of Community Facilities District No. 93-3 (Foothill Marketplace) authorized the district to incur bonded indebtedness in the principal amount of $4,825,000. On December 15, 1993, the City Council adopted Ordinance No. 518 authorizing the levy of a special tax in the district. Bonds were issued on March 15, 1994, for the purpose of financing the acquisition of certain public improvements that are required for and will permit the development of the properties within the district. On June 3, 1999, City Council adopted Resolution No. 99- 127 authorizing the refunding of special tax bonds for this district. The refunding bonds were issued in July, 1999 in the amount of $4,525,000. CITY COUNCIL STAFF REPORT CFD NO. 93-3 (FOOTHILL MARKETPLACE) June 7, 2000 Page 2 While the property owners within the district approved the maximum rate for the special tax at $20,000 per acre, the tax rate that is needed to meet obligations for fiscal year 2000-2001 is adjusted downward to $14,369 per acre. This special tax shall be levied as long as necessary for each parcel of taxable property to pay for the facilities and to discharge bond obligations and other debt of the district. Respectfully submitted, Lawrenc ple Administrative Services Director Attachments: Resolution Annual Status Report Map -2- RESOLUTION NO. 00-/0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafier referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public heating, conducted an election and received a favorable vote fi~om the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code for the State of California. This Community Facilities District shall hereina~er be referred to as COMMUNITY FACILITIES DISTRICT NO. 93-3 (FOOTHILL MARKETPLACE) (hereinafier referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Califomia, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all tree and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next fiscal year 2000-2001 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated in the Annual Stares Report. SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: Resolution No. ~ -117 Page 2 Payment of principal of and interest on any outstanding authorized bonded indebtedness; Necessary replenishment of bond reserve funds or other reserve ftmds; Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Annual Status Report. SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. Resolution No. ~)b-/157 Page 3 PASSED, APPROVED, and ADOPTED this AYE S: NOES: ABSENT: day of June, 2000. ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City ofRancho Cucamonga, Califomia, at a regular meeting of said City Council held on the day of June, 2000. Executed this day of June 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, CITY OF RANCHO CUCAMONGA MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 93-3 FOOTHILL MARKETPLACE ANNUAL STATUS REPORT JUNE 2000 Resolution No. Page 5 BACKGROUND On December 15, 1993, the electors within the boundary of Comnaunity Facilities District No. 93-3 (Foothill Marketplace) authorized the District to incur bonded indebtedness in the principal amount of $4,825,000 for the purpose of financing the acquisition of the street, storm drain, sewer and water improvements. The district is bounded on the north by Foothill Blvd., on the east by Etiwanda Ave. and on the west by Interstate 15. The maximum rate has been set at $20,000 per acre. This amount can be levied at a lower rate but cannot exceed the maximum tax rate as set. On July 1, 1999 this district was refunded as part of Rancho Cucamonga Reassessment District No. 1999-1 under the Rancho Cucamonga Public Finance Authority (the "Authority"). The Authority issued bonds to acquire the Acquired Obligations, fund separate reserve funds and pay the costs of issuing the Bonds. The acquired obligations for Community Facilities District 93-3 is the aggregate principal amount of $4,525,000. FISCAL YEAR 2000-2001 The annual tax rate of $14,369 for fiscal year 2000-2001 will provide sufficient funding to pay debt service in the amount of $356,500. Resolution No. Page 6 COMMUNITY FACILITIES DISTRICT PROPOSED USES AND SOURCES OF FUNDS USES: DEBT SERVICE ADMINISTRATION, GENERAL OVERHEAD & LIABILITY CONTRACT SERVICES DELINQUENT ASSESSMENTS $356,500 $ 35,730 $ 0 $ 0 $392,230 SOURCES: DELINQUENT ASSESSMENTS INTEREST REVENUE SPECIAL TAX $14,369 PER ACRE $ 0 $ 20,000 $423,870 $443,870 ['l Hillside t Community Facilities District 93-3 I I Arrow Rt ,. ~ ~_J /~/~se Line Rd Foothill BI Arrow Rt F LEGEND (~22) CFD 93-3 Boundary 1 0 1 4th St Created by: Chds Bopko G I. S. Division May 22, 2000 THE CITY OF ~ANCHO CUCAMONGA Staff Report DATE: TO: FROM: BY: S~: June 7, 2000 Mayor and Members of the City Cotmcil Jack Lam, AICP, City Manager Lawrence I. Temple, Administrative Services Directo Ing~d Y. Brace, GIS/Special Districts Supervisor APPROVAL OF RESOLUTION ESTABLISHING AN ANNUAL LEVY WITHIN ASSESSMENT DISTRICT NO. 93-1, MASI PLAZA, AT THE SOUTHWEST CORNER OF ROCHESTER AVENUE AND FOOTHILL BOULEVARD, DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) AND REASSESSMENT DISTRICT NO. 1999-1 WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution authorizing an annual levy for the costs incurred in the collection of assessments within Assessment District No. 93-1, Masi Plaza, at the southwest comer of Rochester Avenue and Foothill Boulevard, Drainage Area No. 91-2 (Day Canyon Drainage Basin) and Reassessment District No. 1999- 1. There is no increase to the current rate for fiscal year 2000/2001. BACKGROUND/ANALYSIS Section 8682 of the Govemment Code authorizes cities to collect an annual assessment fee of a maximum of five pement (5%) of the amount of installments and not to exceed sixteen dollars per parcel assessment for costs incurred in the administration and assessment collection. The fee is calculated on a flat fee basis of the current rate of five dollars ($5.00) per parcel (e.g., a percentage fee basis would inflate the base price per parcel). The requested fee will allow the City to recover funds for collection and management of assessment districts that are applicable to the Improvement Bond Act of 1915. CITY COUNCIL STAFF REPORT ANNUAL LEVY June 7, 2000 Page 2 Rancho Cucamonga's comprehensive management program including record keeping, cost management, payoff calculations, monthly financial reports, debt service schedules, as well as providing information to the public are funded fxom this fee. This fee is in place now to pay for administration and will allow the City to maintain the current rate and level of service. Res submitted, Administrative Services Director Attachment: Resolution -2- RESOLUTION NO. OO -/~8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL]]FORNIA, RE-AUTHORIZING THE LEVY OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES INCURRED IN THE COLLECTION OF ASSESSMENTS IN VARIOUS SPECIAL ASSESSMENT DISTRICTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, has heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, and has confirmed assessments upon land within various special assessment districts (hereina~er collectively referred to as the "Assessment Districts"); and WHEREAS, said proceedings provided for and the City did subsequently issue bonds pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of Califomia, said bonds representing unpaid assessments within the Assessment Districts; and WHEREAS, the City does incur necessary administrative expenses in the collection of the armual installments of the assessment within the Assessment Districts; and xJVHEREAS, Government Code Section 8682 does authorize the City to establish an assessment surcharge to allow the City to recover its expenses of collection of said assessments; and WHEREAS, the City desires to establish such an assessment surcharge as authorized by said Government Code Section 8682. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all tree and correct. SECTION2: Treasurer is hereby directed to add to the annual instalIment of assessments within the Assessment Districts a maximum of five percent (5%) of the amount of the installments and of the interest thereon, not to exceed the Treasurer's estimate of the expenses of collection, and in any case not to exceed $5.00 per lot or parcel. Said expenses of collection shall include the necessary administrative expenses of the City incurred in providing the County Auditor with current information regarding the ownership or division of the affected lots or parcels of land within the Assessment Districts to ensure the proper entry by the County Auditor in his or her assessment roll and the timely collection of the Assessment installments. Resolution No. Page 2 SECTION 3: The above assessment surcharge, when collected, shall belong to the City and shall cover the expenses and compensation of the Treasurer incurred in the collection of the assessments, and of the interest and penalties added on to the assessments. PASSED, APPROVED, and ADOPTED this AYES: NOES: ABSENT: ABSTAINED: _ day ofJune, 2000. ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Raneho Cucamonga, Califomia, at a regular meeting of said City Council held on the __ day of June, 2000. Executed this day of June, 2000, at Rancho Cucamonga, California. TH E C ITY OF I~ANC~IO C~CA~ONGA stuff DATE: TO: FROM: BY: SUBJECT: June 7, 2000 Mayor and Members of the City Council ~ Jack Lain, AICP, City Manager Lawrence I. Temple, Administrative Services Director Ingrid Y. Bruce, GIS/Special Districts Supervisor APPROVAL TO SET ANNUAL BENEFIT ASSESSMENTS FOR DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) WITHOUT AN INCREASE TO THE CURRENT RATE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution authorizing an annual benefit assessment levy for the maintenance and/or servicing of a drainage channel within Drainage Area No. 91-2 (Day Canyon Drainage Basin). There is no increase from the current tax rate for fiscal year 2000/2001. BACKGROUND/ANALYSIS On November 6, 1991, City Council adopted Resolution No. 91-331 for the annual levy of benefit assessments for the maintenance and/or servicing of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel within Drainage Area No. 91-2, Day Canyon Drainage Basin area. Drainage Area No. 91-2 was a developer initiated district. Protection of the properties from the overland flows was necessary in order to receive development rights from the City. The costs associated with the maintenance of the district was intended to be passed onto the property owners as they would receive special and direct benefit that is distinguishable from the general public. There are 350 homes that will be constructed, however, to date there are 268 single family homes that have been approved. The total annual cost for maintenance is thirty-two thousand, two hundred and sixty dollars ($32,260) for a total cost to each home of ninety-two dollars and seventeen cents ($92.17) CITY COUNCIL STAFF REPORT DRAINAGE AREA NO. 91-2 (DAY CANYON DRAINAGE BASIN) June 7, 2000 Page 2 Respectfu submitted, Director Attachments: Resolution Annual Supplement to Final Engineer's Report Map -2- RESOLUTION NO. 019-- ]Oq A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE COST OF SERVICE TO BE FINANCED BY BENEFIT ASSESSMENTS TO BE LEVIED IN DRAINAGE AREA NO. 91-2 FOR FISCAL YEAR 2000-2001 AND DETERMINING AND IMPOSING SUCH BENEFIT ASSESSMENTS WHEREAS, the City Council of the City of Rancho Cucamonga, California, previously undertook proceedings to authorize the levy and imposition of benefit assessments to pay for the annual drainage maintenance, including the removal of sediment and debris fi'om the Day Canyon Channel improvements and basin, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California (commencing with Section 54703), said area of benefit being known and designated as DRAINAGE AREA NO. 91-2 (the "Drainage Area"); and WHEREAS, at this time there has been presented to this City Council a Supplemental Report (the "Supplemental Report") to the Final Engineer' s Report Drainage Area No. 91-2 City of Rancho Cucamonga setting forth a description of the proposed service, cost estimate and assessment schedule for fiscal year 2000-2001 (the "Final Engineer's Report"); and WHEREAS, at this time this City Council desires to determine the cost of providing authorized services to be financed by the levy of a benefit assessment for fiscal year 2000-2001 and to determine and impose such benefit assessment. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the Supplemental Report is hereby approved and ordered to be kept on file in the Office of the City Clerk as a permanent record and to remain open for public inspection. Said Supplemental Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived through the levy and collection of the benefit assessment; to the benefit assessment; C. A description of each lot or parcel ofpr9perty proposed to be subject The amount of the proposed assessment for each parcel. Resolution No. Page 2 SECTION 3: That the rate and method of apportionment of the benefit assessment as set forth in the Final Engineer' s Report is hereby adopted and has been utilized as the rate and method of apportionment of the benefit assessment to be levied in fiscal year 2000-2001. SECTION 4: That this City Council hereby determines and orders that the benefit assessments described in the Supplemental Report within the Drainage Area are hereby confumed and levied for fiscal year 2000-2001. SECTION 5: That the above confirmed and levied benefit assessment for fiscal year 2000- 2001 shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for the collection and enfomement of such County taxes shall be applicable to the collection and enforcement of these benefit assessments. PASSED, APPROVED, and ADOPTED AYE S: NOES: ABSENT: ABSTAINED: day of June, 2000. ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of June, 2000. Executed this day of June, 2000 at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA William J. Alexander, Mayor Diane Williams, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Bob Dutton, Councilmember Jack Lam, AICP, City Manager Debra Adams, City Clerk Joe O'Neil, City Engineer JUNE 2000 Resolution No. Ob-IZ~q Page 4 ANNUAL SUPPLEMENT TO FINAL ENGINEER'S REPORT DRAINAGE AREA NO. 91-2 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS Engineer's Report Exhibit A ~ Description of Service Exhibit B - Cost Estimate Exhibit C - Assessment Schedule Map Resolution No. Page 5 AGENCY: PROJECT: TO: CITY OF RANCHO CUCAMONGA DRAINAGE AREA NO. 91-2 CITY COUNCIL CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ANNUAL SUPPLEMENT TO FINAL ENGINEER' S REPORT PURSUANT TO BENEFIT ASSESSMENT ACT OF 1982 This Annual Supplement to the Final Engineer's Report (the "Annual Supplement") for City of Rancho Cucamonga Drainage Area No. 91-2 is hereby submitted consisting of the following documents, pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Govemment Code of the State of California, commencing with Section 54703. This Annual Supplement is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 2000 to June 30, 2001. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived firom the levy and collection of the annual benefit assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. BENEFIT ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: Annual Benefit Assessment: The amount of the proposed benefit assessment for each parcel. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number. Resolution No. t~/~-//)~ Page 6 No benefit assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of-way shall be subject to assessment only to the extent that it is specifically benefitted liom the proposed services. Reference is made the Final Engineer's Report as incorporated in Resolution No. 91-331 for a description of the boundaries of the Drainage Area and each parcel therein and for the method of spreading the benefit assessment. Executed this day of June, 2000, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA By: Final approval, confirmation, and levy of the annual benefit assessment and all matters in the Annual Supplement was made on the day of June, 2000, by adoption of Resolution No. by the City Council. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer' s Report was filed in the Office of the City Engineer and the City Clerk on the day of June, 2000. CITY CLERK CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA Resolution No. Db~/tSq Page 7 EXHIBIT A DESCRIPTION OF SERVICE The properties within Dr~fmage Area No. 91-2 are located within the boundaries of the Day Canyon Drainage Basin area. Protection of the properties within the district from overland flows requires the construction of a 27+ acre-foot desilting basin and a 1,460+ linear foot concrete drainage channel. The channel improvements will intercept the ove~and flows prior to reaching the properties and carry the storm water rimoff, sediment, trash, organic material, and related debris to a desilting basin. Each year the sediment, trash, organic material, and other related debris which accumulates in the desilting basin and channel must be removed and transported to an approved spoils site. The services proposed to be financed from the revenue derived from the levy and collection of the annual benefit assessment are as follows: A. Monthly on-site inspections of the desilting basin and channel. B. Bi-monthly weed abatement program for the desilting basin and channel. C. Removal of accumulated sediment, trash, organic material, and other related debris from the desilting basin and channel to an approved spoils site. This service is expected to be provided annually. During times of excessive rain fall, this service may be required more frequently. EXItlBIT B COST ESTIMATE FISCAL YEAR 2000-2001 Resolution No. ~15 -//9 q Page 8 Cost of Annual Maintenance Desilting Basin Channel Subtotal $22,500 $ 6,640 $29,140 Incidental Expenses City Administration Subtotal $ 3,120 $ 3,120 C. Total Annual Costs $32,260 D. Contribution $0 E. Balance to Assessment $32,260 EXHIBIT C ASSESSMENT SCHEDULE Resolution No. e)t>4~ ¢ Page 9 WHEREAS, this City Council has previously, pursuant to the terms and provisions of the Benefit Assessment Act of 1982 , being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, formed Drainage Area No. 91-2 all in accordance with the provisions of said Act; and, WHEREAS, the Annual Supplement for Fiscal Year 2000-2001 consist'rag of certain documentation (including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided) has now been prepared. NOW, THEREFORE, the City Engineer, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following benefit assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the fiscal year 2000-2001. Said costs and expenses are generally as follows: Cost of Maintenance Cost of Improvements Incidental Expenses Total Costs Contribution/Surplus Balance to Assessment $29,140 $ 0 $ 3,120 $32,260 $ 0 $32,260 I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estImated benefits received, and hereby further state as follows: A. The amount of benefit assessment imposed is specifically related to the benefit ofthi parcel which will be derived from the provision of the service to be provided. B. The annual aggregate amount of the total benefit assessment does not exceed the estimated annual cost of providing the service. C. The revenue derived from the benefit assessment shall not be used to pay for the cost of any service other than the service for which the benefit assessment was levied. Resolution No. Page 10 The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by formula as set forth in the Final Engineer s Report in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits . received from the maintenance works of improvement. In the opinion of the undersigned, the benefit assessments have been spread and apportioned in accordance with the benefits to be received from the proposed work and services. Dated: CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA ASSESSMENT NUMBER PROPERTY AMOUNT OF DESCRIPTION ASSESSMENT 225471-01 to 58 350 225481-01 to 42 Residential 225491-01 to 19 Parcels 225451-01 to 35 225-451-39 to 58 225461-01 to 60 225-072-68 Total $32,260.00 $32,260.00 Hillside Rd Community Facilities District 91-2 4te St 1 0 1 2 Miles Arrow Rt LEGEND O BAD 91-2 Boundary f~j c,~, Limits Created by: Chris Bopko G, I. S. Division May 22, 2000 THE CITY OF RANClIO CUCAMONGA Staff Report DATE: TO: FROM: BY: S~: June 7, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager fiX_/ Lawrence I. Temple, Administrative Services Director Ingrid Y. Brace, GIS/Special Districts Supervisor APPROVAL TO MAINTAIN LEVY FOR COMMIfNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) AT CURRENT LEVELS WITH NO INCREASE. RECOMMENDATION It is recommended that City Council adopt the attached Resolution setting the annual special tax for Community Facilities District No. 88-2 (Drainage and Law Enforcement). There is no increase from the current tax rate for developed properties for fiscal year 2000/2001 rates. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Cotmcil is authorized to annually levy the tax rate of pay debt service on the bonds. BACKGROUND/ANALYSIS On June 21, 1989, the City Council approved the formation of Community Facilities District No. 88-2 for Drainage Capital Facilities and Law Enforcement services and authorized the annual levy of special taxes to finance drainage facilities, police operations and maintenance costs. The special tax being levied annually for the drainage facilities are in Special Tax A - Drainage Facilities. On April 7, 1994, City Council approved Resolution No. 94-058, authorizing the issuance of bonds. On June 3, 1999, City Council adopted Resolution No.99-127 authorizing the refunding of special tax bonds for this district. The re~mding bonds were issued in July 1999 in the amount of $2,705,000. The special tax was set at 91% of the maximum rate when the district was formed for the developed property. However, the authorized bond re~mding adjusted the rate to 78% of the maximum special tax for the developed and undeveloped property. The collections from the annual levy will be used to pay debt service through the life of the bonds. CITY COUNCIL STAFF REPORT CFD NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) June 7, 2000 Page 2 The levy of special taxes annually for the Law Enforcement services are listed in Special Tax B - Law Enforcement. When the collections are received by the City, the funds for Special Tax B - Law Enforcement are transferred to the General Fund to offset the Law Enforcement costs. Special Tax A - Drainage Facilities Residential Class I (3590+ S.F.) $736 Residential Class H (3077-3589 S.F.) $545 Residential Class III (2564-3076 S.F.) $409 Residential Class IV (2308-2563 S.F.) $327 Residential Class V (2051-2307 S.F.) $272 Residential Class VI (Less than 2051 S.F.) $191 Undeveloped Prop erty $1,190/acre Special Tax B - Law Enforcement Residential Class I (3590 + S.F) $1.00 Residential Class II (3077-3587 S.F.) $1.00 Residential Class III (2564-3076 S.F.) $1.00 Residential Class IV (2308-2563 S.F.) $1.00 Residential Class V (2051-2307 S.F.) $1.00 Residential Class VI (Less than 2051 S.F.) $1.00 Respectfully submitted, Lawrence I. Temple Administrative Services Director Attachments: Resolution Exhibit "A" Map -2° RESOLUTION NO. O~~)' ]/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RE-ESTABLISHING ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 88-2 (DRAINAGE AND LAW ENFORCEMENT) WHEREAS, the City Council of the City of Rancho Cucamonga, California, (hereinafter referred to as the "legislative body of the local Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code for the State of California. This Community Facilities District shall hereina~er be referred to as COMMUNITY FACILITIES DISTRICT NO. 88-2 (Drainage and Law Enforcement) (hereinafter referred to as the "District"); and WHEREAS, at this time, bonds have been authorized for purposes of financing the project facilities for said District; and WHEREAS, this legislative body, by Ordinance as authorized by Section 53340 of the Government Code of the State of Califomia, has authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and this legislative body is desirous to establish the specific rate of the special tax to be collected for the next fiscal year. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the special tax to be collected to pay for the costs and expenses for the next Fiscal Year 2000/2001 for the referenced district is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. Resolution No. Pagd 2 SECTION 4: That the proceeds of the special tax be used to pay, in whole or in part, the costs of the following, in the following order of priority: Payment of principal of and interest on any outstanding authorized bonded indebtedness. B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services. D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The special tax shall be collected in the same manner as ord'mary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale in cases of any delinquency for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 6: All monies above collected shall be paid into the Commtmity Facilities District funds, including any bond fund and reserve fimd. SECTION 7: The Auditor of the County is hereby directed to enter in the next county assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "public improvements, special tax", or by any other suitable designation, the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit "A". SECTION 8: The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. 70 Resolution No. Page 3 PASSED, APPROVED, and ADOPTED this AYE S: day of Jtme, 2000. NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, Califomia, at a regular meeting of said City Council held on the day of May, 2000. Executed this day of June, 2000, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution No. Page 4 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 88-2 EXHIBIT "A" The Resolution establishing the annual special tax refers to this Exhibit for an explanation of the rate and method of apportionment of the Special Taxes for Fiscal Year 2000/2001. SPECIAL TAX "A" - DRAINAGE FACILITIES PROPERTY CATEGORIES There are two categories of property subject to the levy of Special Tax "A", which are identified as follows: DEVELOPED PROPERTY All property identified as a single Tax Assessors's parcel for which property a building permit has been issued as of May 31 ofanyyear. UNDEVELOPED PROPERT All other property, excluding property which, as of the date of the election to authorize the levy of Special Tax "A:, is: (i) owned by a public entity; (ii) owned by a regulated public utility and being utilized for transmission or distribution purposes; or (iii) zoned as open space. TAXING CLASSIFICATIONS AND SPECIAL TAX "A" RATES The taxing classifications for the above Property Categories and the authorized Special Tax "A" rates for Fiscal Year 2000/2001 are as follows: Resolution No. Page 5 Taxing Classification 1. DEVELOPED PROPERTY Residential Class I (More than 3,590 square feet of dwelling unit living area) * Residential I/ (3,077-3,589 square feet of dwelling unit living area) * Residential (2,564-3,076 square feet of dwelling unit living area) * Residential Class iV (2,308-2,563 sl aare feet of dwelling unit living area) * Residential Class V (2,051-2,307 square feet of dwelling unit living area) * Residential Class VI (Less than 2,051 square feet of dwelling unit living area) * G. Commercial or industrial property Tax Rate $736 per year $545 per year $409 per year $327 per year $272 per year $191 per year $2,030 per acre per year ** UNDEVELOPED PROPERTY All Undeveloped Property $1,190 per acre per year *** Resolution No. Page 6 The square footage of dwelling unit living area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. The acreage of a commercial or industrial property shall mean the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. The acreage of an Undeveloped Property shall be the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. METHOD OF APPORTIONMENT OF SPECIAL TAX "A" Special Tax "A" shall be levied annually on all taxable property within one of the above identified Property Categories so long as Special Tax "A" revenues are necessary to pay authorized expenses of the Community Facilities District related to the financing of authorized public facilities, which may include, without limitation, payment of debt service on any bonded indebtedness of the Community Facilities District; replenishment of any required reserve fund for any such bonded indebtedness; funding of any required sinking fund necessary to pay for future public facilities or debt service; or direct payment for public facilities (CFD Expenses"). The annual levy of Special Tax "A" shall be apportioned as follows: STEP 1: The Community Facilities District shall estimate the amount of CFD Expenses which must be paid for from Special Tax "A" revenues collected during the Fiscal Year for which the Special Tax "A" levy is to be established (the "Required Special Tax "A" Revenue"). STEP 2: That equal percentage of the Special Tax "A" rate, not to exceed 78% of the maximum authorized Special Tax "A" rate, applicable to all Developed Property Taxing Classifications necessary to generate Special Tax "A" revenue in the Fiscal Year of the levy equal to the Required Special Tax "A" Revenue for such Fiscal Year shall be levied on all Developed Property. STEP 3: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that pementage of the maximum authorized Special Tax "A" rate applicable to all Undeveloped Property necessary to generate such additional Special Tax "A" revenue shall be levied on all Undeveloped Property. Resolution No. Page 7 STEP 4: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, that equal percentage of the maximum authorized Special Tax "A" rate applicable to all Developed Property Taxing Classifications necessary to generate such additional Special Tax "A" revenue shall be levied on all Developed Property. STEP 5: If additional Special Tax "A" revenues are still necessary to generate the Required Special Tax "A" Revenue, the Community Facilities District shall: A. Compare (i) the Special Tax "A" rate which would be levied on each Developed Property combining STEP 2 and STEP 4 above with (ii) the product resulting from multiplying the square footage of the Developed Property times the Base Maximum Special Tax "A". The Base Maximum Special Tax "A" means an amount equal to $0.054 per square foot of the lot or parcel. B. If the product described in (ii) above exceeds the Special Tax "A" rate described in (i) above for any Developed Property, the Community Facilities District shall increase the Special Tax "A" rate levied on each such Developed Property in equal percentages up to the rate not to exceed the product described in (ii) above necessary to generate the additional Special Tax "A" revenues to equal the Required Special Tax "A" Revenues. SPECIAL TAX "B" - LAW ENFORCEMENT All Developed Property shall be subject to the levy of Special Tax "B". The authorized Special Tax "B" rates for Fiscal Year 2000/2001 are as follows: Taxin~ Classification 1. DEVELOPED PROPERTY A. Residential Class I (More than 3,590 square feet of dwelling unit living area) * B. Residential Class II (3,077-3,589 square feet of dwelling unit living area) * Tax Rate $1.00 per year $1.00 per year Residential Class (2,564-3,076 square feet of dwelling unit living area) * Resolution No. Page 8 $1.00 per year Residential Class IV (2,308-2,563 square feet of dwelling unit living area) * Residential Class V (2,051-2,307 square feet of dwelling unit living area) * Residential Class VI (Less than 2,051 square feet of dwelling unit living area) * G. Commercial or industrial property $1.00 per year $1.00 per year $1.00 per year Community Facilities District 88-2 Hillside Rd 41h St~ I 0 1 2 Miles ,/' Base Une Rd 4fh St Arrow Rt LEGEND (~ CFD 88-2 Boundary ~ City Limits Created by: Chds Bopko G. I. S, Division May22,20~)