HomeMy WebLinkAbout1995/12/06 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
December 6, 1995
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
City Councilmembers
William J. Alexander, Mayor
Rex Gutierrez, Mayor Pro Tem
Paul Biane, Councilmember
James V. Curatalo, Councilmember
Diane WiIliams, Councilmember
Jack Lam, City Manager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989-1851
City Council Agenda
December 6, 1995
NI items submitted forthe City Council Agenda must be in writing. The
deadline for submitting these items is 6:00 p.m. on the Tuesday prior to
the meeting. The City Clerk's Office receives all such items.
1. Roll Call:
A. CALL TO ORDER
Alexander Biane , Curatalo
Gutierr~;z , and Williams__
B. ANNOUNCEMENTS/PRESENTATIONS
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
testknony 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.
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Approval of Minutes:
October 18, 1995 (Curatalo and Willjams
absent)
Approval of Warrants, Register Nos. 11/8/95 and 11/15/95; and
Payroll ending 11/2/95 for the total amount of $2,260,706.60.
Approval to receive and file current Investment Schedule as of
October 31,1995.
Alcoholic Beverage Application for On-Sale Beer and Wine for
Jack's Restaurant, C & V Restaurants Incorporated, 8678 19th
Street.
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Alcoholic Beverage Application for On-Sale Beer and Wine for
Arrow Deli, Byung Nam and Yeong le Khe, 10970 Arrow Route,
Suite 101.
Alcoholic Beverage Application for Off-Sale General for Liquor Land
2, Dalal D, And Khalil I, Dib, 9255 Base Line Road, Unit E.
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City Council Agenda
December 6, 1995
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Approval of Map, execution of an Improvement Agreement,
Improvement Securities, Monumentation Cash Deposit, MWD
Permanent Easement Deed and Ordedng the Annexation to
Landscape Maintenance District No. 1 and Street Lighting
Maintenance Distdct Nos. 1 and 2 for Tract 13890, located on the
south side of Banyan Street, north of Highland Avenue and west of
the Deer Creek Channel, submitted, by Greystone Homes, Inc.
RESOLUTION NO. 95-161
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING FINAL TRACT MAP 13890,
IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITIES, AND MONUMENTATION CASH
DEPOSIT
RESOLUTION NO. 95-162
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE
DISTRICT NO. I AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR
TRACT 13890
Approval to execute Cooperative Agreement (CO 95-073), State
Agreement No. 8-916, between the California Department of
Transportation and the City for Construction of a Traffic Signal and
Street Widening on Highland Avenue (State Route 30) at East
Avenue and authorization of the advertising of the "Notice Inviting
Bids" for the project. The City portion of the project will be funded
from Account No. 12-4637-9310 for the amount of $65,000.00.
RESOLUTION NO 95-163
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AUTHORIZING THE EXECUTION AND SIGNING
OF COOPERATIVE AGREEMENT, STATE
AGREEMENT NO. 8-916, FOR THE
CONSTRUCTION OF A TRAFFIC SIGNAL AND
STREET WIDENING ON HIGHLAND AVENUE
(STATE ROUTE 30) AT EAST AVENUE
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City Council Agenda
December 6, 1995
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RESOLUTION NO. 95-164
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR
THE HIGHLAND AVENUE STREET WIDENING
AND HIGHLAND AVENUE AND EAST AVENUE
TRAFFIC SIGNALS IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
Approval to execute a Public/Private First Responder Agreement
(CO 95-074, ref: CO FD95-008) between the Rancho Cucamonga
Fire District, City of Rancho Cucamonga and MedTrans ('Mercy") for
improved emergency medical advanced life support (paramedic)
care and on-scene response time through utilization of both public
and private resources.
Approval to execute an Agreement for Acquisition of Off-Site
Property (CO 95-075), Security, and Deposit for Conditional Use
Permit 93-46 located at the southeast corner of Foothill Boulevard
and Vineyard Avenue, submitted by Arturo Flores and Diana Flores.
RESOLUTION NO. 95-165
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING AN ACQUISITION OF OFF-SITE
PROPERTY, SECURITY, AND DEPOSIT FOR
CONDITIONAL USE PERMIT 93-46 FROM
ARTURO FLORES AND DIANA FLORES AND
AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN SAME
Approval to execute a Lease Agreement (CO 95-076) between the
Joseph Filippi Vintage Co., Inc. and the City of Rancho Cucamonga
for the lease of ten acres of vineyard on the Central Park site and
execute an amendment to the Land Purchase for Central Park site
between Lewis Development Company and Rosebud Construction
Company, Inc.
Approval to award and authorization for execution of Janitorial
Se~ce Contracts (CO 95-077) for City facilities to Merchants
Building Maintenance of Monterey, California, in the amount of
$60,036.00, to be funded from Account No. 01-4245-6036 and
$9,317.00 to be funded from Account No. 02-4532-6032
Approval of a Resolution of Intention to approve an amendment to
the contract (CO 188) between the Board of Administration of the
Public Employees' Retirement System and the City Council of the
City of Rancho Cucamonga.
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City Council Agenda
December 6, 1995
RESOLUTION NO. 95-166
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
OF THEIR INTENTION TO APPROVE AN
AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA TO PROVIDE 2% AT 55
FULL FORMULA FOR LOCAL MISCELLANEOUS
MEMBERS, INCLUDING AN EXTENSION OF THE
FUNDING PERIOD TO THE YEAR 2016
14.
Approval to Release Improvement Agreements with Lien Rights in
Lieu of Completion Bonds for on-site grading improvements for
Foothill Marketplace, located on the south side of Foothill Boulevard
between Interstate 15 and Etiwanda Avenue, submitted by Foothill
Marketplace Partners.
RESOLUTION NO. 95-167
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
RELEASING A REAL PROPERTY
IMPROVEMENT CONTRACT AND LIEN
AGREEMENT FROM FOOTHILL MARKETPLACE
PARTNERS
15.
Approval to release Faithful Performance Bond No. 9409917, and
accept a reduced Faithful Performance Bond for Tract 13703,
located on the west side of Haven Avenue, north of Banyan.
Release: Faithful Performance Bond
Accept: Faithful Performance Bond
$1,443,400.00
143,340.00
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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. They will be. acted upon by the Council at one time
without discussion. The City Clerk will read the title. Any item can be
removed for discussion.
No Items Submitted.
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.
City Council Agenda
December 6, 1995
CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND
DEVELOPMENT AGREEMENT 95-01.- PRAIRIE PACIFIC
INVESTMENTS - A Development Agreement between the City of
Rancho Cucamonga and Prairie Pacific Investments for the purpose
of providing a senior housing project in accordance with the Senior
Housing Overlay District (SHOD), including deviating from certain
development standards, for 158 apartment units located on the
'south side of Base Line Road, west of Archibald Avenue - APN:
208-031-75.
ORDINANCE NO. 551 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT NO. 95-01, A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF RANCHO
CUCAMONGA AND PRAIRIE PACIFIC
INVESTMENTS FOR THE PURPOSE OF
PROVIDING A SENIOR HOUSING PROJECT IN
ACCORDANCE WITH THE SENIOR HOUSING
OVERLAY DISTRICT (SHOD), INCLUDING
DEVIATING FROM CERTAIN DEVELOPMENT
STANDARDS FOR 158 APARTMENT UNITS,
LOCATED ON THE SOUTH SIDE OF BASE LINE
ROAD, WEST OF ARCHIBALD AVENUE - APN:
208-031-75
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CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE
PERMIT 94-09 - KICKER'S GRILL - Appeal of the Planning
Commission's denial of a request to expand the care services within
an existing indoor soccer facility in the General Industrial Designation
(Subarea 8) of the Industrial Area Specific Plan, located at 11120
Tacoma - APN: 209-471-05.
RESOLUTION NO. 95-168
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
DENYING A MODIFICATION TO CONDITIONAL
USE PERMIT NO. 94-09, A REQUEST TO
EXPAND THE CAFE SERVICES WITHIN AN
EXISTING SOCCER FACILITY IN THE GENERAL
INDUSTRIAL DESIGNATION (SUBAREA 8) OF
THE INDUSTRIAL AREA SPECIFIC PLAN,
LOCATED AT 11120 TACOMA, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 209-
471-05
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City Council Agenda
December 6, 1995
G. PUBLIC HEARINGS
The following items have no legal publication or posting requirements.
The Chair will open the meeting to receive public testimony.
No Items Submitted.
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.
1. PRESENTATION OF THE COMMERCIAL LAND USE AND
MARKET STUDY (Oral report by Economic Consultant Shant
Agajanian)
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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.
1. UPDATE ON SKATEBOARD PARK
2. CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY
AWARENESS OF YOUTH PROGRAMS
3. DISCUSSION OF MARKS CABLEVISION RATE ADJUSTMENT
AND ISSUES RELATING TO CABLE REGULATION
4. CONSIDERATION TO SELECT ONE OR MORE
REPRESENTATIVES TO SERVE ON THE STATE LEAGUE
POLICY COMMITTEES FOR 1996
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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 City Council may receive
testimony and set the matter for a subsequent meeting. Comments are
to he limited to five minutes per individual.
City Council Agenda
December 6, 1995
L. ADJOURNMENT
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 November 30, 1995, seventy-two (72) hours pdor to the
meeting per Government Code 54954.2 at 10500 Civic Center Ddve.
October 18, 1995
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Regular Meeting
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 18, 1995, in the
Council Chambers of the Civic Center, located at 10500 Civic Center Ddve, Rancho Cucamonga, California.
The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander.
Present were Councilmembers: Paul Biane, Rex Gutierrez, and Mayor William J. Alexander.
Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Jerry B. Fulwood,
Deputy City Manager; Linda Daniels, RDA Manager; Brad Buller, City Planner; Nancy Fong, Senior Planner;
Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative
Services Director; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal,
Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis
Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk.
Absent were Councilmembers: James Curatalo and Diane Williams.
B. ANNOUNCEMENTS/PRESENTATIONS
B1. Presentation of Proclamation to Margaret Hayes for her lifesaving efforts at the Neighborhood Center.
Mayor Alexander presented the Proclamation to Margaret Hayes.
B2. Presentation of Proclamation to the Etiwanda High School Marching Eagle Regiment designating them
as our Good Will Ambessadors and congratulating them on being selected to march in the 1996 Tournament
of Roses Parade.
Mayor Alexander presented the Proclamation to the Etiwanda High School Marching Eagle Regiment.
Mr. Don Jaramillo, Band Director, thanked the Mayor and Council for their support and talked about
the band and all of their hard work. He introduced Mr. Kolmel, Principal of Etiwanda High School.
Mr. Kolmel stated he is glad to be a part of the program and appreciated the students' hard work.
Councilmember Gutierrez also commended the band for all of their hard work and accomplishments and
thanked Margaret Hayes for her lifesaving efforts.
Don Kurth, Chamber of Commerce, also presented a Proclamation to the EHS-MER congratulating them on
their accomplishments.
City Council Minutes
October 18, 1995
Page 2
B3. Mayor Alexander presented Susan Mickey a Proclamation for her dedicated service to the City of
Rancho Cucamonga and thanked her for all of her hard work.
Susan Mickey stated it was a pleasure and an honor to have worked for the City and to have worked with such
a wonderful staff.
Councilmembers Gutierrez and Biane also thanked Susan Mickey for her service to the City and the
community.
C. COMMUNICATIONS FROM THE PUBLIC
C1. Don Kudh, Chamber of Commerce, read a Resolution which is on file in the City Clerk's office
regarding Proposition 62 and the Utility Tax asking the Council to suspend the collection of the Utility
Tax until such time as it can be brought to a vote before the people of the City.
D. CONSENT CALENDAR
Jack Lam, City Manager, stated that item D15 should be removed from the Consent Calendar and that it would
be returning at a future meeting.
D1. Approval of Minutes: September 6, 1995 (Adjourned/Special Meeting)
D2. Approval of Warrants, Register Nos. 9/27/95 and 10/4/95; and Payroll ending 9/21/95 for the total
amount of $2,041,993.97.
D3. Approval to receive and file current Investment Schedule as of September 30, 1995.
D4. Alcoholic Beverage Application for Off-Sale General for Liquor Land 2, Fernand Bhnam Blat and
Abraham Meida, 9255 Base Line Road, Unit E.
D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Unnamed Business, Hiroshi and Kaye
Domae, 6797 Carnelian Street.
D6. Alcoholic Beverage Application for On-Sale General Eating Place for Empire Lakes Golf Course,
General Dynamics Corporation, 11015 6th Street.
D7. Alcoholic Beverage Application for On Sale General Public Eating Place for Applebee's Neighborhood
Gdll & Bar, Gourmet Systems of California, Incorporated, 10709 Foothill Boulevard.
D8. Approval to reject the bid for the Hermosa Avenue Pavement Rehabilitation, located from Fourth Street
to Sixth Street, North of Sharon Circle to Eighth Street, and south of Devon Street to Foothill Boulevard.
D9. Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program
for the Metrolink Railway Station Beautification Project, and the Metrolink Corridor Beauti~cation Project.
City Council Minutes
October 18, 1995
Page 3
RESOLUTION NO. 95-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION
PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS
CODE FOR THE RANCHO CUCAMONGA METROLINK CORRIDOR
BEAUTIFICATION PROJECT
RESOLUTION NO. 95-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION
PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS
CODE FOR THE RANCHO CUCAMONGA METROLINK STATION
BEAUTIFICATION PROJECT
D10. Approval of an Application for funds from the Intermodal Surface Transportation Efficiency Act (ISTEA)
Program for the Metrolink Railway Station Beautification Project.
RESOLUTION NO. 95-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT FUNDS FOR THE METROLINK
RAILWAY STATION BEAUTIFICATION PROJECT
D11. Approval of appropriations for various Capital Improvement Project Funds for Fiscal Year 1995/96.
D12. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting
Maintenance District Nos. 1 and 6 for MDR 95-10, located on the North side 9th Street, east of Helms Avenue,
submitted by Peter S. Wald.
RESOLUTION NO. 95-145
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 MDR 95-10
D13. Approval to purchase one (1) 3-axle combination 6x4, 56,000 GVWR, Water Tank/Dump Truck from
Dieterich International Truck Sales, Incorporated, of Colton, California, in the amount of $123,078.26 to be
funded 69.23% from Fund 72-4225-7045 and 30.77% from Fund 09-4637-7045.
D14. Approval to execute an Improvement Agreement Supplement and Improvement to a previously
approved Improvement Agreement for Tract No. 14208, located on the North side of Base Line Road West of
Alta Cuesta Drive, submitted by the Developer, Mr. Ralph G. Rittenhouse.
City Council Minutes
October 18, 1995
Page 4
RESOLUTION NO. 95-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT
SUPPLEMENT FOR THE PREVIOUSLY APPROVED IMPROVEMENT
AGREEMENT OF TRACT NO. 14208
D15. Approval to accept street i~.-tprovements, release of bonds and file a Notic6 of Co.-npletion for
hnprovci~enL~ for Tra~ 13890-1 located on I~c norlh side of I lighland Avenue, south of Danyah Gtreet an west
of Doer Creek Channel. ITEM REMOVED FROM AGENDA
Release: Faithful I'terfor,~ance Bond
Accept: Maintenance Guarantee Bond
$ 9G6,000.00
96,600.00
RECOLUTION NO. 95 147
A RE,.~OLUTION OF TIlE CITY COUNCIL or TIlE CITY or RANClIO
CUCAMONGA, CALIFORNIA, ACCEPTING TI IE PUBLIC IMPROVEMENTS FOR
TI'~;T 13800-1 AND AUTI IORIZING TI IE FILING OF A NOTICG OF COMPLETION
FOR TI IE WORK
D16. Approval to release Maintenance Guarantee Bond for Tract 13738 located on the Southwest corner
of Almond and Sapphire Streets.
Release: Maintenance Guarantee Bond (Street) $ 47,400.00
Maintenance Guarantee Bond (Storm Drain) 58,800.00
MOTION: Moved by Biane, seconded by Gutierrez to approve the recommendations in the staff reports
contained in the Consent Calendar with the exception of Item D15. Motion carried unanimously, 3-0-2
(Curatalo, Williams absent).
E. CONSENT ORDINANCES
El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN
AMENDMENT 95-01 - LEWIS DEVELOPMENT CO. - A request to change the land use district from "MOC"
(Mixed Use Office/Commercial/Residential) to "CC" (Community Commercial) for 47.3 acres bounded by
Foothill Boulevard on the south, Rochester Avenue on the east, the future Poplar Drive and future Church
Street on the north, and the future Orchard Avenue on the west and to '~H" (Medium High, 14-24 dwelling units
per acre) for 19.2 acres of land bounded by the future Poplar Drive and future Church Street on the north, the
future Orchard Avenue on the west, and the proposed Community Commercial designation on the south. The
changes include amending portions of the text and various tables and graphic exhibits of the community plan
to implement design features of the proposed land use designations - APN: 0227-151o18 and 24. Staff
recommends issuance of a Negative Declaration. Related Files: General Plan Amendment 95-01B,
Conditional Use Permit 95-11, and Parcel Map 14022.
Debra J. Adams, City Clerk, read the title of Ordinance No. 550.
City Council Minutes
October 18, 1995
Page 5
ORDINANCE NO. 550 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN
AMENDMENT 95-01 TO CHANGE THE LAND USE MAP FROM "MIXED USE,
OFFICE, COMMERCIAL, RESIDENTIAL" TO COMMUNITY COMMERCIAL FOR
APPROXIMATELY 47.3 ACRES OF LAND AND TO MEDIUM HIGH RESIDENTIAL
(14-24 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 19.2 ACRES OF
LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, ROCHESTER
AVENUE ON THE EAST, THE FUTURE POPLAR DRIVE AND FUTURE CHURCH
STREET ON THE NORTH, AND THE FUTURE ORCHARD AVENUE ON THE
WEST, AND TO MAKE CHANGES TO PORTIONS OF THE TEXT AND GRAPHIC
EXHIBITS OF THE COMMUNITY PLAN TO IMPLEMENT DESIGN FEATURES OF
THE LAND USE DESIGNATIONS -APN: 0227-151-18 AND 24.
MOTION: Moved by Gutierrez, seconded by Biane to waive full reading and approve Ordinance No. 550.
Motion carried unanimously, 3-0-2 (Curatalo, Williams absent).
F. ADVERTISED PUBLIC HEARINGS
No items were submitted.
G. PUBLIC HEARINGS
G1. CONSIDERATION OF THE PROPOSED OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION
WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND GIFT RETAIL STORE, THE WILD GRAPE,
LOCATED AT 8057 AND 8916 FOOTHILL BLVD Staff report presented by Nancy Fong, Sr. Planner.
Councilmember Gutierrez asked if they would be selling the wine by itself over the counter.
Nancy Fong, Sr. Planner, stated she felt it would be sold only with the gil~ baskets.
Brad Buller, City Planner, stated if they decide to do anything more than what this Resolution indicates, they
would have to get a CUP.
Mayor Alexander opened the meeting for public hearing. Addressing the City Council were:
Gino Fillipi stated he was present to support what the Wild Grape wanted to do.
Sadone Pedra stated he did not agree with the Wild Grape selling the wine in the gift baskets. He
stated there are already too many liquor stores in this area. He stated he did not agree with this
proposal.
Owen Bedleto stated he is one of the partners of the Wild Grape and that they want to sell the wine in
the gift baskets to help supplement them. He felt this would be a benefit to the community.
There being no further response, the public hearing was closed.
City Council Minutes
October 18, 1995
Page 6
Councilmember Biane stated he supports the recommendation of staff and that a letter should be sent to the
Alcoholic Beverage Control.
Councilmember Gutierrez further inquired about the CUP to sell wine only over the counter.
Brad Buller, City Planner, reiterated if they do expand their use they would have to get a CUP.
Mayor Alexander stated he felt this would enhance the center it is located in.
RESOLUTION NO. 95-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE OFF-SITE SALE OF BEER AND
WINE IN CONJUNCTION WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND
GIFT RETAIL STORE, THE WILD GRAPE, LOCATED AT 8057 AND 8916
FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 95-148. Motion carried
unanimously, 3-0-2 (Curatalo, Williams absent).
H. CITY MANAGER'S STAFF REPORTS
No items were submitted.
I. COUNCIL BUSINESS
I1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE (Oral Report)
Update presented by Mayor Alexander (see memo on file in the City Clerk's office.)
Jane Bredshaw, C-CAR member and the Route 30 Task Forco, stated she felt the route was one-sided
and that there were other concerns brought up at the meeting that were not mentioned in the report.
She stated with all of the interchanges that will be going in, especially the one at Milliken, Highland will
be severed and will no longer go through. She stated that traffic is supposed to be rerouted past two
schools and a park. She felt this was something that needed further consideration. She stated the
report also mentioned that there would be no increase in cdme. She stated there are no statistics
about this. She stated that at a previous meeting Mayor Stout had stated that there were reports
indicating there is a crime increase around off- and on-ramps of freeways. She stated she felt this was
wrong to word in the report tonight that there was no increase in cdme around off- and on-ramps. She
pointed out that the freeway is going through neighborhoods and not commercial areas. She stated
she is sljll confused about the prices for the interchanges and how it would cost more to keep them off.
She stated she was curious about how much money would be saved if interchanges are eliminated.
She pointed out that the spacing in Upland and Fontana are not a mile apart like they will be in Rancho
Cucamonga.
Councilmember Gutierrez asked about how the decision will be made as to the off- and on-ramps.
City Council Minutes
October 18, 1995
Page 7
Mayor Alexander stated it would be approved by the Council as to what will occur. He pointed out the Task
Force was formed to solidt more public participation throughout the community. He encouraged people in the
City to come to the meetings.
Councilmember Gutierrez asked when this would be ready for the City Council to consider.
Bred Buller, City Planner, stated they are still working with the Task Force, citizens, etc., but that the goal is to
eventually bdng to the Council a freeway agreement which authorizes the state to go forward with purchase
of right-of-way and begin the construction documentation. He stated Caltrans would like the City to continue
to move forward as quickly as possible.
Mayor Alexander stated the profile is 1000% better than it was originally.
12. UPDATE BY MARKS CABLEVISION ON STATUS OF CABLE TV IN THE CITY
Update presented by Sean Hogue, General Manager of Marks Cablevision, who stated they are in the
process of adding more staff to help with the problems they have been having with the outages. He
stated they felt by increasing their maintenance techniques it would help with the outage problems.
He stated they have teamed up with Turner Educational Services and would work with Deer Canyon
Elementary School for an educational program to be televised. He also distributed a complaint
summary to the Council and explained it.
Councilmember Biane asked if there is a way they can predict when equipment might break down because of
age or something along that line.
Sean Hogue, Marks Cablevision, stated they would be testing the equipment with the new personnel
they are hiring.
Councilmember Gutierrez stated he is hearing that people feel the service on the phone is good, but that the
field work is backed up. He also asked if Marks Cablevision can get their updates at a different forum, a one-
on-one situation, or come back to the entire Council on a quarterly basis.
Mayor Alexander stated he did not have a problem with this as long as there is no a major outage.
Councilmember Biane stated he did not mind either as long as there were not problems that might need
explaining.
Councilmember Gutierrez stated he concurred and felt quarterly reports would be acceptable.
ACTION: Received and filed.
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
J1. Coundlmember Gutierrez stated he would like an update on the Empire Lakes Golf Course and stated
he has heard comments about what they will be charging and stated he is concerned about this. He did not
feel the residents should be priced out of this facility. He also reserved the dght to possibly withdraw this from
the next agenda depending on the next couple of weeks.
City Council Minutes
October 18, 1995
Page 8
K. COMMUNICATIONS FROM THE PUBLIC
K1.
Ede Swistock, Schlosser Forge and Chamber of Commerce, stated he felt the Supreme Court decision
has certainly opened the door about reconsidering the utility tax. He stated he agreed with the
Chambers Resolution opposing the utility lax. He stated he felt this matter should be discussed at the
next meeting.
Mayor Alexander commented that the City is also in the process of reducing the utility tax through a formula that
was adopted.
Councilmember Gutierrez stated he wondered if Mr. Schlosser is trying to get his federal taxes reduced like he
is with the local taxes.
Councilmember Biane reiterated there is a formula in place to reduce the utility tax.
L. ADJOURNMENT
MOTION: Moved by Biane, seconded by Gutierrez to adjourn to Executive Session to discuss Labor
Negotiations per Government Code Section 54957.6 to give Robert Dominguez, Administrative Services
Director, direction in regards to the Meet and Confer process. Motion carried unanimously, 3-0-2 (Curatalo,
Williams absent). The meeting adjourned at 8:14 p.m. No action was taken in Executive Session.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
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11/28/1995 CITY OF RANGHO CUCAMONGA PM - 1
PORTFOLIO MASTERSUM4ARY CITY
OCTOBER 31, 1995 CASH
AVERAGE ---YIELD TO MATURITY---
PERCENT OF AVERAGE DAYS TO 360 365
INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY EQOIVALERT EQUIVALENT
Certificates of Deposit - Bank ...............$
Local Agency Investment Funds ................$
Federal Agency Issues - Coupon ...............$
Treasury Securities - Coupon .................$
Mortgage Backed Securities ...................$
Small Bus. Adm/Miscellaneous Agency ..........$
12,306,789.82 24.59 510 323 6.264 6.351
15,559,200.81 31.09 1 1 5.705 5.784
20,454,665.63 40.87 1,123 920 7.217 7.318
272,845.00 0.55 1,180 669 6.569 6.660
348,888.79 0.70 6,424 3,388 8.932 9.056
1,101,562.50 2.20 9,131 5,745 8.184 8.298
TOTAL INVESTMENTS and AVERAGES .............$ 50,043,952.55 100.00% 837 609 6.542% 6.633%
Passbook/Checking Accounts ...................$ 652,032.84 1.973 2.000
(not included in yield calculations)
Accrued Interest at Purchase .................$ 20,728.36
TOTAL CASH and P~'~IASE INTEREST .............$ 672,761.20
TOTAL CASH and INVESTMENTS .................$ 50,716,713.75
MONTH ENDING FISCAL
TOTAL EARNINGS OCTOBER 31 YEAR TO DATE
Current Year $ 282,981.53 $ 1,137,891.09
AVERAGE DAILY BALANCE $ 51,002,819.52 $ 52,466,928.60
EFFECTIVE RATE OF RETURN 6.53% 6.44%
DATE
I certify that this report accurately reflects all City pooled investments and
is in comformity with tl~ investment policy adopted August 16, 1995. A copy of
the investment policy is available in the Administrative Services Department.
The Investment Program herein shown provides sufficient cash flow liquidity to
seer next month's esti.ated expenditures.
11/28/1995
CITY OF ~ COCAMCI~
INVEST!flITPOETFOLIO DETAILS - INVESTliltS
OCIDBER 31, 1995
CITY
CASH
INVES~ AVERAGE PURaASE STATED --- YTN --- MATURITY DAYS
NUMBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT
CERTIFICATES OF DEPOSIT - BANK
00937 FOOTHILL IND~ BANK 04/06/95 2,000,000.00 2,000,000.00 2,000,000.00 6.950 6.950 7.047 04/09/97 525
00918 GREAT WESTERN 11/15/94 500,000.00 500,000.00 500,000.00 6.000 6.000 6.083 11/27/95 26
00927 GREAT WESTERN 01/25/95 500,000.00 500,000.00 500,000.00 6.900 6.900 6.996 01/25/96 85
00930 GREAT WESTERN 02/15/95 500,000.00 500,000.00 500,000.00 6.900 6.900 6.996 08/16/96 289
00931 GREAT WESTERN 03/01/95 500,000.00 500,000.00 500,000.00 6.250 6.250 6.337 03/04/96 124
00951 GREAT WESTERN 06/07/95 1,791,789.82 1,791,789.82 1,791,789.82 5.500 5.500 5.576 11/30/95 29
00955 GREAT WESTERN 08/21/95 1,500,000.00 1,500,000.00 1,500,000.00 5.650 5.650 5.728 08/21/96 294
00924 SANWA 12/28/94 1,000,000.00 1,000,000.00 1,000,000.00 7.250 7.250 7.351 12/27/96 422
00933 SANWA 02/23/95 500,000.00 500,000.00 500,000.00 6.920 6.920 7.016 02/24/97 481
00945 SANIdA 05/02/95 2,000,000.00 2,000,000.043 2,000,000.00 6.410 6.410 6.499 05/02/97 548
00954 SANWA 07/31/95 1,515,000.00 1,515,000.00 1,515,000.00 5.480 5.480 5.556 07/30/96 272
SUBTOTALS and AVERAGES 12,306,789.82 12,306,789.82 12,306,789.82 12,306,789.82
6.264 6.351 323
LOCAL AGENCY INVESTMENT FUNDS
00005 LOCAL AGENCY INVST FUND
00804 LOCAL AGENCY INVST FUND
SUBTOTALS and AVERAGES 10,440,371.72
FEDERAL AGENCY ISSUES - COUPON
00922 FEDERAL HONE LOAN BANK 12/19/94
00925 FEDERAL HOME LOAN BANK 12/28/94
00939 FEDERAL HOME LOAN BANK 04/06/95
00940 FEDERAL HOME LOAN BANK 04/06/95
00952 FEDERAL HOME LOAN BANK 06/08/95
00956 FEDERAL HONE LOAN BANK 08/23/95
00938
00949
00921
00926
00935
00947
FEDERAL HONE LOAN MORTG. CO 04/06/95
FEDERAL HOME LOAN NORTG. CO 05/16/95
FEDERAL NATL WI'G ASSN 12/21/94
FEDERAL NATL MTG ~ 12/29/94
FEDERAL NATL M'rG ASSN 03/22/95
FEDERAL NATL M'rG ASSN 05/08/95
and AVERAGES 25,677,084.98
TREASURY SECURITIES - COUtN3N
00903 TREASURY NOTE
AVERAGES
06/08/94
272,845.00
14,446,200.81 14,446,200.81 14,446,200.81 5.784 5.705 5.784
1,113,000.00 1,113,000.00 1,113,000.00 5.784 5.705 5.784
15,559,200.81 15,559,200.81
15,559,200.81 5.705 5.784
1,000,000.00 1,000,000.00 1,037,810.00 8.030
1,065,134.38 1,090,000.00 1,093,749.60 6.360
965,156.25 1,000,000.00 981,560.00 4.570
942,968.75 1,000,000.00 976,250.00 5.240
5,000,000.00 5,000,000.00 5,010,950.00 6.830
2,000,000.00 2,000,000.00 2,004,380.00 7.140
1,002,031.25 1,000,000.00 1,019,380.00 7.420
2,500,000.00 2,500,000.00 2,507,025.00 7.050
1,981,250.00 2,000,000.00 2,020,620.00 7.050
1,998,125.00 2,000,000.00 2,145,312.50 7.700
500,000.00 500,000.00 503,125.00 7.010
1,500,000.00 1,500,000.00 1,539,375.00 7.270
20,454,665.63 20,839,537.10
20,590,000.00
272,845.00 277,000.00 275,786.74 6.141
1
1
8.030 8.142 12/19/97 779
7.789 7.898 09/19/96 323
6.638 6.730 12/30/96 425
7.030 7.127 11/30/98 1,125
6.830 6.925 06/08/98 950
7.140 7.239 08/23/00 1,757
7.226 7.326 09/23/99 1,422
7.050 7.148 05/15/98 926
7.607 7.712 10/10/96 344
7.752 7.859 12/10/96 405
7.010 7.107 03/21/97 506
7.270 7.37105/08/00 1,650
7.217 7.318 920
6.569 6.660 08/31/97 669
n/28/1995
CITY OF
I~'F,S~iElfr K)RTFOLIO DETAILS - INVESTME~S
OC'rOMR 31, 1995
CITY
CASH
Ilfv'ESTMENT AVERAGE PURCHASE STATED --- Y'rM --- MATURITY DAYS
NU)U]ER ISSUR BALANCE DATE BOOK VALUE FACE VALUE { VALUE ]~N~TE 360 365 DATE TO KAT
MOR'I~)AGE BACKED SECURITI~
00071 FEDERAL H~E LOAN BANK 02/23/87 62,454.80
00203 FEDERAL NATL MTG ASSN 09/21/87 136,586.76
00002 GOVERNMENT NATIONAL MORTG A 07/01/87 124,558.19
0009 GO{ NATIONAL ~ORTG A 07/01/87 25,289.04
SU]~TOTAI.~ and AVERAGF, S 350,687.50 348,888.79
SMALL BUS. AI)N/MISCUEOUS AGMCY
(K)004 E BUSINESS ADNIN 07/25/86
AVEP, AG~ 1,101,562.50
64,119.04 442,907.10 8.000 8.336 8.452 01/01/02 2,253
147,861.17 612,753.80 8.500 9,557 9.689 09/01/10 5,418
126,~4.74 663,389.28 8.54)0 8.631 8.751 05/15/01 2,022
24,790.32 84,710.58 9.04)0 8.515 8.634 03/15/01 1,961
1,803,764).76
363,065.27 8.932 9.056 3,388
1,101,562.50 1,000,000.00 1,065,142.39 9.125 8.184 8.298 07/25/11 5,745
T(3,TAI, I~ESTMIHflS and AVG.
$ 50,043,952.55 51,850,217.62
50,149,341.52 50,096,055.90 6.542% 6.633% 609
11/28/1995
CITY OP RAIfl]OCUCAMONGA
INVESTMENT PORTFOLIO DETAILS - CASH
OCTOBER 31, 1995
CITY
INVESTMENT AVERAGE PURCHASE STATED --- Tfi4 --- MATURITY DAYS
NUMBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE ~TE 360 365 DATE TO MAT
(I/ClING/SAVINGS ACCOSTS
00180 !~K OF MICA
AVERAGES
853,478.00
Accrued Interest at Purchase
TOTAL CASH
~AL CASH and INVESTMENTS
652,032.84 2.000 1.973 2.000
20,728.36
$ 672,761.20
$ 51,002,819.52 50,716,713.75
11/2s/19~
CITY OF R/NOIO CUCAMONGA
PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE
OCTOiJER 1, 1995 - OCTOBER 31, 1995
CITY
CASH
STATED TRANSACTION PUEt~tASES SALES/MATURITIES
TYPE INVESTMENT # ISSUER RATE DATB OR DEPOSITS OR WITHDRAWALS BALANCE
CERTIFICATES OF DEPOSIT - BANK
BEGINNING BALANCE:
12,306,789.82
12,306,789.82
LOCAL AGENCY INVESTMENT FUNDS (Monthly Summary)
OO005 LOCAL AGENCY INVST FUND 5.784
00804 LOCAL AGENCY INVST FUND 5.784
SUBTOTALS and ENDING BALANCE
7,601,245.61
BEGINNING BALANCE:
1,500,000.00
9,457,955.20
7,601,245.61 1,500,000.00 15,559,200.81
CHECKING/SAVINGS ACODUETS (Monthly Summary)
00180 BANK OF AMERICA
BEGINNING BALANCE:
2,089,200.00 2,329,000.00
891,832.84
652,032.84
FEDERAL AGENCY ISSUES - COUPON
00895 FEDERAL FARM CREDIT BANKS 5.850
00897 FEDERAL FARM CREDIT BANKS 5.850
00943 FEDERAL HONE LOAN BANK 8.045
SUBTOTALS and ENDING BALANCE
BEGINNING BALANCE:
10/29/1995 2,000,000.00
10/29/1995 1,996,250. O0
10/26/1995 2,000,000.00
26,450,915.63
0.00 5,996,250.00 20,454,665.63
TREASURY SECURITIES - COUPON
BEGINNING BALANCE:
272,845.00
272,845.00
MORTGAGE BACKED SECURITIES
00071 FEDERAL HOME LOAN BANK 8,000
00203 FEDERAl, NATL MTG ASSN 8.500
00002 GOVERNMENT NATIONAL NORTG ASSN 8.500
00069 GOVERNMENT NATIONAL MORTG ASSN 9.000
SUBTOTALS and ENDING BALANCE
BEGINNING BALANCE:
10/16/95 1,651.39
10/25/95 700.91
10/12/95 1,191.69
lo/11/95 lo5.86
352,538.64
0.00 3,649.85 348,888.79
SMALL BUS. ADM/MISCELLANEOUS AGENCY
TOTALS BEGINNING BALANCE:$
BEGINNING BALANCE: 1,101,562.50
1,101,562.50
50,834,439.63 9,690,445.61 9,828,899.85 50,695,985.39
CALI!ORNIA
RECEIVED
APPLICATION FOR ALCOHOL BEVERAGE LiCENSE( TYcLERK
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 782-4400
CITY OF RANCHO CUCAMONGA
DISTRICT SERVING LOCATION:
Name of Business:
Location of Business:
Number and Street
City, State Zip Code
County
Is premise inside city limits?
If premise licensed:
Type of license
Transferor's names/license:
File Number ............ 313576
Receipt Number ......... 1058400
Geographical Code ........ 3615
Copies Mailed Date 10--17-95
Issued Date 188
RIVERSIDE
JACK'S RESTAURANT
8678 19TH ST
RANCHO CUCAMONGA
SAN BERNARDINO
YES
CA 91701
License Type Transaction Tvoe Fee TYPe Master DUD Date Fee
1.41 ON-SALE BEER AND W ORIGINAL NA YES 0 OCT 17,1995 $300.00:
2. 41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 OCT 17,1995 $205.00 :
TOTAL $505.00
Have you ever been Have you ever violated any provisions of the' Alcoholic Beverage Control
convicted of a felony? NO Control Act, or regulations of the department pertaining to the Act? NO
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that
he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SAN BERNARDINO Date OCT 17,1995
Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the
applicant corporation. named in th~ foregoing application, duly authorized to make this application on its behalf; (2) that be has read the foregoing and knows the
contents thereof and that each of the above statements therein made are flue; (3) that no penon other than the applicant or applicants has any direct or indirect interest in
the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed !tansfar is not
made to satisfy the payment of a loan or to fulfill an agreement entered into more than nine (90) days preceding the day on which the ramsfar application is filled with
the Depamnent or to gain or establish a preference to or for any creditor or transferor or to d:Traud or injure any creditor of ~ransferor; (5) that the ffansfer application my
be withdrawn by either the applicant or the licensee with no resulting liability to the Depafiment.
'C & V RESTAURANTS INC
I
ABC 211 (9/93)
C,;,Ai-,',Ni-LI,zsI,,I
Z
TO:
Department of Alcoholic Beverage Control
CAtlfOINIA
APPL I CATI ON F OR ALCOHOL BEVERAGE l I CENSE OF RANCHO CUCAMONG/.
CITY CLERK
DIS'I'RICT SERVING LOCATION:
Name of Business:
Locadon of Business:
Number and Street
File Number ............ 313365
Receipt Number ......... 1057254
Geographical Code ....... '. 3615
Copies Mailed Date 10/10/95
Issued Date
RIVERSIDE
ARROW DELI
10970 ARROW RTE 101
City, State Zip Code RANCHO CUCAMONGA CA 91730
County SAN BERNARDINO
Is premise inside city limits?
Mailing Address:
(If different from 1121 W ORANGE GROVE AVE
premise address)
BURBANK CA 91506
ff premise licensed:
Type of license
Transferor'shames/license: JEONG PHIL OK 234063
License TVDe Transaction ~;De Fee Tvoe Master DUD Date
Fee
1.41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA YES 0 OCT 10,1995 $150.00:
2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 OCT 10,1995 $205.00:
3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 OCT 10,1995 $78.00 :
TOTAL $433.00
Have you ever been Have you ever vinln~e_~ m,v provisio-~ of the Alcoholic Beverage Control
convicted of a felony? NO Control Act, or ,~r.',qti,ms or ~.~.. dcpat~ .....pertaining to the Act? NO
Explain any "Yes" answer to the above questions ...: ~.n attac,.nent which shoe pc de~ -,'t of Sir :p~lica~on.
Applicant agrees (a) that any manager employed in on-sale licensed p~mise v.,iH nave ' 7.,ali~cadons of a licensee, and (b) that
he will not violate or cause or permit to be violated any of the provisions of the Ak. beveraSe Control Act.
STATE OF CALIFORNIA County of SAN BERNARDINO Date OCT 10,1995
Under penalty of perjury, each person whos~ signature appears bolow cerd~es and says: (I) He is an applicant, or onc of the applicants or an executive officer of the
applicant corporation, named in the foregoing application daly authorized to makc this application on its behalf* (2) that he has rcali the forcgoing and knows
contents thereof and that each of the above statements the~in randc arc true; (3) that no person other than the appli;'ant or applicants has any direct or indirect interest in
the applicant or applicant's business to be conducted under the license(s) for which this application is made* (4) that the transfer application or proposed transfer is not
made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90j days pT~eding the day on which the transfer application is filled with
the Depamnent or to gain or establish a pre, fe~nce to or for any creditor or transferor or to defraud or injure any cr~litor of transferor; (5) that the transfer application may
be withdrawn by cither the applicant or the ficcnscc with no resulting liability to thc Deparcment,
Applicant Name(s)
~CHE BYUNG NAM
[KHE YEONG IE
Applicant Signature(s)
ABC 211 (9/93)
CAI, IfOilNIA
APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S)
TO:
Department of Alcoholic Beverage Control
4505 Allstate Drive, Suite 102
Riverside, CA 92501
(909) 7824400
DISTRICT SERVING LOCATION:
Name of Business:
Location of Business:
Number and Street
City, State Zip Code
County
Is premise inside city limits?
If premise licensed:
Type of license
RECEIVED
0CT 3 1995
CITY OF RANCHO CUCAMONGA
CITY CLERK
File Number ............ 313668
Receipt Number ......... 1058755
Geographical Code ........ 3615
Copies Mailed Date 10-19-95
Issued Date When Trfd
RIVERSIDE
LIQUOR LAND 2
91730
9255 BASELINE RD UNIT E
RANCHO CUCAMONGA CA
SAN BERNARDINO
YES
Transferor's names/license: MEIDA ABRAHAM 256677
License TYPe Transaction Type Fee TVDe Master DUD Date Fee
1.21 OFF-SALE GENERAL PERSON TO PERSON TRANS NA YES 0 OCT 18,1995 $1274.00:
2. 21 OFF-SALE GENERAL ANNUAL FEE NA YES 0 OCT 18,1995 $446.00 :
3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 OCT 18,1995 $78.00:
TOTAL $1798.00
Have you ever violated any provisions of the Alcoholic Beverage Control
Control Act, orregulations ofthe depa~mentpertai~ng m the Act? NO
Have you ever been
convicted of a felony? NO
Applicant Name(s)
I DIB DALAL D
[DIB KHALIL I
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that
he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA ~.ounty of SAN BERNARDINO Date OCT 18,1995
Under penalty of perjury, each person whose signature aF ' ~ .,v , certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the
applicant corporation, named in the foregoing applicatiot. .,y authorized to make this application on its behalf; (2) that be has read the foregoing and knows the
contents thereof and that each of the above statements therein made are true; (3) that no person other than the applican~ or applicants has any direct or indirect interest in
the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the u'ansfer application or proposed transfer is not
made to satisfy the payment of a lean or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is fixed with
the Department or to gain or establish a prefearcnce to or for any creditor or transferor or to defraud or injure any creditor of u'ansfcror; (5) that the transfer application may
be withdrawn by either the applicant or the lieonset with no resulting liability to the Dcparuncnt.
Applicant Signature(s)
Attached: 231
to follow: ONTARIO ESCROW SERVICE INC.
738 N. Euclid Ave.
Ontario, Ca. 91762
ABC 211 (9/93)
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lain, AICP, City Manager
William J. O~Neil, City Engineer
Willie Valbuena, Assistant Engineer
APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITIES, MONUMENTATION CASH DEPOSIT, MWD PERMANENT
EASEMENT DEED AND ORDER/NG THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE
DISTRICT NOS. 1 AND 2 FOR TRACT 13890, LOCATED ON THE SOUTH SIDE
OF BANYAN STREET, NORTH OF HIGHLAND AVENUE AND WEST OF THE
DEER CREEK CHANNEL, SUBMITFED BY GREYSTONE HOMES, INC.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions approving Tract 13890,
accepting the subject Improvement Agreement, Securities, ordering the annexation to Landscape
Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing
the Mayor and the City Clerk to sign said agreement and to cause said map to record. It is also
recommended that the City Council authorizes the City Engineer to accept and to sign the Banyan
Street dedication as granted on the MWD Permanent Easement Deed.
BACKGROUND/ANALYSIS
Tract 13890, located on the south side of Banyan Street, north of Highland Avenue and west of the
Deer Creek Channel, in the Medium Residential District, was approved by the Planning Commission
on June 8, 1988, for the division of 6.08 acres into 23 lots.
The Developer, Greystone Homes, Inc., is submitting an agreement and securities to guarantee the
construction of the off-site improvements in the following amounts:
Faithful Performance Bond:
Labor and Material Bond:
Monumentation Cash Bond:
$455,210.00
227,605.00
3,550.00
CITY COUNCIL STAFF REPORT
TRACT 13890 - GREYSTONE HOMES, INC.
December 6, 1995
Page 2
This final phase of Tract 13890 is required to construct Banyan Street full width including the
Community Equestrian Trail and Landscaping. The Developer has obtained from MWD the
remaining required Banyan Street dedication and is submitting to the City for acceptance and
signature by the City Engineer.
A letter of approval has been received from the Cucamonga County Water district. Copies of the
agreement, securities and the Consent and Waiver to Annexation form signed by the Developer are
on file in the City Clerk's office.
Respectfully Submitted,
WJO:WV:dlw
Attachments
RESOLUTION NO. q_5" /Ct2~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
FINAL TRACT MAP 13890, IMPROVEMENT AGREEMENT
AN D IMPROVEMENT SECURITIES AND
MONUMENTATION CASH DEPOSIT
WHEREAS, Tentative Tract Map No. 13890, submitted by Greystone Homes, Inc., and
consisting of 23 lots, located on the south side of Banyan Street, north of Highland Avenue and west
of the Deer Creek Channel, was approved by the Planning Commission of the City of Rancho
Cucamonga 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. 13890 is the final map 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 Securities and Monumentation Cash Deposit by Greystone
Homes, Inc., 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 and said Improvement Securities
submitted by said developer be and the same are hereby approved and the Mayor is hereby
authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and
the City Clerk to attest; and that the offers for dedication and the final map delineating the same for
said Tract Map No. 13890 is hereby approved and the City Engineer is authorized to present same
to the County Recorder to be filed for record.
RESOLUTION NO. q__.~.- / ~;
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13890
WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, 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 Landscape Maintenance District No. 1, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereina~er
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.
EXHIBIT 'A*
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. I
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2
SCHOOl,
13 14
/2, 764 ~/~
/27
Z5
,.:~/~, .. CITY OF RANCHO CUCAMONGA
-..~
COUNTY OF SAN BERNARDINO
._ -_ --. STATE OF ~ALIFORNIA
STREET LIGHTS:
Dist. 5800L
S1 10
S2 15
EXHIBIT "B"
WORK PROGRAM
PROJECT: TRACT 13890
LANDSCAPING:
Community
Equestrian
Trail
Dist. D.G.S.F.
L1 12,764
NUMBER OF LAMPS
9500L 16.000L 22,000L 27.500L
Turf Non-Turf
S.F. S.F.
--- 19.568
Trees
Ea.
127
ASSESSMENT UNITS:
Assessment Units
By District
Parcel DU S 1 S2 L 1
N/A 23 23 23 23
Annexation Date: December 6, 1995
Form Date 11/16/94
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O~eil, City Engineer
APPROVAL TO EXECUTE COOPERATIVE AGREEMENT, STATE AGREEMENT
NO. 8-916 BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
AND THE CITY FOR CONSTRUCTION OF A TRAFFIC SIGNAL AND STREET
WIDENING ON HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE AND
AUTHORIZATION OF THE ADVERTISING OF THE "NOTICE INVITING BIDS"
FOR THE PROJECT. THE CITY PORTION OF THE PROJECT WILL BE FUNDED
FROM ACCOUNT NO. 12-4637-9310 FOR THE AMOUNT OF $65,000.00
RECOMMENDATION:
It is recommended the City Council approve the above referenced resolution and authorize the Mayor's
signature and a certified copy of the resolution, along with the signed copies of the Cooperative Agreement
be sent to the Department of Transportation for further execution.
BACKGROUND/ANALYSI S
This agreement and Notice Inviting Bids provide for construction of left mm lanes and signals at the
intersection of Highland and East Avenue and calls for the City to provide design and construction
administration and pay for one half of the cost of the traffic signal. The State will pay the remainder of
the cost, the total of which is estimated at $250,000. The City's share, a maximum of $65,000, will be
from Account No. 12-4637-93 10.
It is expected bids will be opened on January 9, the award made on January 17 and work will begin on
February 15.~ Completion should be by May 15, 1996.
Original copies of the Cooperative Agreement are available in the City Clerks' office.
Respectfully submitted,
William J. O~eil
City Engineer
~,,~WJO:ly
SO ,UTXON NO. q .5" / 69 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE
EXECUTION AND SIGNING OF COOPERATIVE AGREEMENT,
STATE AGREEMENT NO. 8-916, FOR THE CONSTRUCTION
OF A TRAFFIC SIGNAL AND STREET WIDENING ON
HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE
WHEREAS, the City Council of the City ofRancho Cucamonga (hereinafier referred
to as "City"), has for its consideration and execution, the Cooperative Agreement - State Agreement
No. 8-916 for the construction of a traffic signal, and street widening on Highland Avenue at East
Avenue; and
WHEREAS, the State of California, Department of Transportation, District Office
8 (hereinafter referred to as "State") processes and monitors State funded projects; and
WHEREAS, as a condition to payment of State funds for said project, the Local
Agency shall approve and execute said Cooperative Agreement No. 8-9 16.
NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby
resolve as follows:
Authorize the Execution of City - State Agreement No. 8-916 for the
construction of a traffic signal and street widening on Highland Avenue
(State Route 30) at East Avenue.
To authorize the mayor to sign said Agreement and direct the City Clerk to
attach a certified copy of this Resolution, as well as type in the Resolution
number and date in the blank of the third block of said supplement and for the
return of the original copies of said supplement to the State of Califomia
Depamnent of Transportation along with the certified copy of this resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS
AND SPECIFICATIONS FOR THE HIGHLAND AVENUE
STREET WIDENING AND HIGHLAND AVENUE AND EAST
AVENUE TRAFFIC SIGNALS IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO
ADVERTISE TO RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain
improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the
construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the
City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the
"Highland Avenue Street Widening and Highland Avenue and East Avenue Traffic Signals".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing the work specified
in the aforesaid plans and specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County,
California, directing this notice, NOTICE IS HEREBY GIVEN that the said the City of Rancho
Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho
Cucamonga, on or before the hour of 2:00 P.M. on January 9, 1996, sealed bids or proposals for the
"Highland Avenue Street Widening and Highland Avenue and East Avenue Traffic Signals" in said
City.
Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive,
Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga,
Califomia, marked, "Bid for Construction of Highland Avenue Street Widening and Highland
Avenue and East Avenue Traffic Signals".
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia
Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less
than the general prevailing rate of per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general prevailing rate of per diem wages
for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations
of the State of California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk
of the City ofRancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and
are available to any interested party on request. The Contracting Agency also shall cause a copy of
such determinations to be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the
City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman,
or mechanic employed for each calendar day or portion thereof, if such laborer, workman or
mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work
done under the attached contract, by him or by any subcontractor under him, in violation of the pro-
visions of said Labor Code.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning'
the employment of apprentices by the Contractor or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any
apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the
public works project and which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to jom-neymen that will be used in
the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be
less than one to five except:
When unemployment in the area of coverage by the joint apprenticeship committee
has exceeded an average of 15 percent in the 90 days prior to the request of
certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five,
or
When the trade can show that it is replacing at least 1/30 of its membership through
apprenticeship training on an annual basis statewide or locally, or
D,
When the Contractor provides evidence that he employs registered apprentices on all
of his contracts on an annual average of not less than one apprentice to eight
journeymen.
The Contractor is required to make contributions to funds established for the administration
of apprenticeship programs if he employs registered apprentices or j oumeymen in any apprenticable
trade on such contracts and if other Contractors on the public works site are making such
contributions.
The Contractor and subcontractor under him shall comply with the requirements of Sections
1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements
may be obtained from the Director of Industrial relations, ex-officio the Administrator of
Apprenticeship, San Francisco, Califomia, or from the Division of apprenticeship Standards and its
branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with and
be governed by the laws of the State of Califomia having to do with working hours as set forth in
Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five
dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract,
by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each
calendar day during which said laborer, workman, or mechanic is required or permitted to labor more
than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence payments are defmed in the applicable
collective bargaining agreement filed in accordance with Labor Code Section 17773.8.
The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's
bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%
of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the
same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check,
certified check, or bond shall become the property of the City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount
of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference
between the low bid and the second lowest bid, and the surplus, if any shall be remmed to the lowest
bidder.
The amount of the bond to be given to secure a faithful performance of the contract for said
work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in
an amount equal to one hundred percent (100%) of the contract price for said work shall be given
to secure the payment of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and
the Contractor will also be required to furnish a certificate that he carries compensation insurance
covering his employees upon work to be done under contract which may be entered into between
him and the said City of Rancho Cucamonga for the construction of said work.
No proposal will be considered from a Contractor to whom a proposal form has not been
issued by the City of Rancho Cucamonga.
Contractor shall possess any and all contractors licenses, in form and class as required by any
and all applicable laws with respect to any and all of the work to be performed under this contract;
including but not limited to a Class "A" License (General Engineering Contractor) or Class
"LICENSE" in accordance with the provisions of the Contractor's License Law (Califomia Business
and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto.
The Contractor, pursuant to the "Califomia Business and Professions Code", Section
7028.15, shall indicate his or her State License Number on the bid, together with the expiration date,
and be signed by the Contractor declaring, under penalty of perjury, that the information being
provided is true and correct.
The work is to be done in accordance with the profiles, plans, and specifications of the City
of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho
Cucamonga, California. Copies of the plans and specifications, available at the office of the City
Engineer, will be furnished upon application to the City of Rancho Cucumonga and payment of
$35.00 (THIRTY-FIVE), said $35.00 (THIRTY-FIVE) is nonrefundable.
Upon written request by the bidder, copies of the plans and specifications will be mailed
when said request is accompanied by payment stipulated above, together with an additional
nonreimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and
overhead.
The successful bidder will be required to enter into a contract satisfactory to the City of
Rancho Cucamonga.
In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth
in the Plans and Specifications regarding the work contracted to be done by the Contractor, the
Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense,
substitute authorized securities in lieu of monies withheld (performance retention).
The City of Rancho Cucamonga, California, reserves the fight to reject any and all bids.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this 6th day of December1995.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California,
this 6th day of December 1995.
William J. Alexander, Mayor
ATTEST:
Debbie J. Adams, City Clerk
ADVERTISE ON: DECEMBER 11 AND DECEMBER 18, 1995
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
L. Dennis Michael, Fire Chief
PUBLIC/PRIVATE FIRST lIESPONDER AGREEMENT
RECOMMENDATION
APPROVAL OF A PUBLIC/PRIVATE FIRST RESPONDER AGREEMENT
BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
CITY OF RANCHO CUCAMONGA, AND MEDTRANS ("MERCY") FOR
IMPROVED EMERGENCY MEDICAL ADVANCED LIFE SUPPORT
(PARAMEDIC) CARE AND ON-SCENE RESPONSE TIME THROUGH
UTILIZATION OF BOTH PUBLIC AND PRIVATE RESOURCES.
Background
One of the primary District goals for years has been to continually strive for improved advanced life
support (paramedic) care and on-scene emergency response times, exploring various emergency
medical service (EMS) delivery systems and options to meet this goal. In February 1995, the
District Board directed staff to continue with its approach to utilize its resources and those of the
private ambulance company serving the District and City to achieve improved paramedic care and
on-scene response time. Utilizing both public and private resources through an agreement of
cooperative effort has resulted in a proposed program that will improve the delivery of paramedic
services without increased cost to the taxpayer and/or persons requiring emergency medical care.
The agreement is another example of how parmering with the private sector can enhance services
for public benefit. The agreement has been signed by Mr. Ed Rose, Senior Vice President and
authorized representative of MedTrans, hereinafter referred to as "Mercy".
Key Aereement Provisions
The proposed Agreement (Exhibit "A") has taken many months of very focused negotiation between
Careline, Mercy and the District with assistance from our respective legal counsel. It provides
Mercy with an exclusive permit for emergency ambulance transport and well defined performance
clauses for staffing and response criteria. The District will receive revenue to provide paramedic
service levels within five minutes to 90% of all EMS emergencies. The District is also held to
specific performance clauses, providing a quid pro quo for each party. Patient care and survival rates
can be improved through early ALS intervention and two paramedics on scene to provide effective
Public/Private First Responder Agreement
December 6, 1995
Page Two
patient care and hospital contact. There is a requirement for each agency to at least annually review
the Agreement to insure compliance with any changes in law, regulations, conditions, etc. in order
to preserve each parties interest and the public health, safety and welfare. The Agreement has been
reviewed and approved by our legal counsel prior to submittal for your consideration.
Fire District Paramedic Program and Financial Analysis
District paramedic staff will not increase the existing number of firefighters. Rather, existing
personnel certified as paramedics and the filling of existing firefighter vacancies will provide the
necessary personnel trained as paramedics to staff one fire~ghter/paramedic on each of the District' s
five fire engine companies. Currently, fire engines are continually staffed with three personnel.
These staffing levels will not change as a result of this Agreement.
Exhibit "B" identifies the paramedic program costs. The capital equipment cost is approximately
$153,000. This one time cost of equipment and start up supplies is proposed to be acquired through
a proportionate use of available Fire District and Fire Protection Fund No. 25 fund balance. Board
approval of this expenditure is planned during normal mid-year budget adjustment. The annual costs
is estimated at $210,000, which incorporates the entire on-going personnel and equipment costs for
the program.
The financing provisions contained in the Agreement (Section 3a. l&2) provide revenue for the
annual costs of the District program. Initially, the District will receive $17,500 per month ($210,000
in the first year) from Mercy. Commencing in the second year, the amount will be adjusted based
upon a formula which incorporates adjustments in emergency responses and the Consumer Price
Index. The initial term of the Agreement is seven (7) years, with provisions for five year renewal
period(s) thereafter.
Implementation Schedule
Exhibit "C" provides a schedule summarizing the process to implement the Fire District ALS
paramedic service. Staff estimates program implementation on or before July 1, 1996. Upon your
consideration of approval staff will immediately begin program implementation.
It is my opinion, should this Agreement meet with your approval, that the Board/City Council will
once again demonstrate innovation and the desire to work together with both public and private
agencies for the welfare of the public we serve.
L. Dennis Michael
Fire Chief
PLEASE REFER TO FIRE DISTRICT STAFF REPORT
CONTAINED IN THE FIRE BOARD AGENDA
FOR AGREEMENT AND RELATED EXHIBITS
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
December 6, 1995
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
William J. Oqxleil, City Engineer
BY:
Dan James, Senior Civil Engineer
SUBJECT:
APPROVAL OF AN AGREEMENT FOR ACQUISITION OF OFF-SITE PROPERTY,
SECURITY, AND DEPOSIT FOR CONDITIONAL USE PERMIT 93-46 LOCATED AT
THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD
AVENUE, SUBMITTED BY ARTURO FLORES AND DIANA FLORES
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving an Acquisition
Agreement, Security, and Deposition, also authorize the Mayor and the City Clerk to sign said agreement.
BACKGROUND/ANALYSIS
On October 4, 1995, the City Council approved Resolution No. 95-138 for modifications to C.U.P. 93-46.
One of the modifications is a condition to allow the applicant to enter into an agreement for acquisition
of off-site property for Foothill Boulevard street right-of-way.
The City is authorized by State Law to acquire by eminent domain that property necessary for street
improvement purposes. The applicant has signed the agreement and submitted the appropriate deposit and
security for the acquisition. This agreement allocates costs and responsibilities toward obtaining said
properties.
The agreement has been reviewed and approved by the City Attomey and is available in the City Clerk's
office.
City Engineer
WJO:DJ:dlw
~,.~Attachment
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROV1NG AN
ACQUISITION OF OFF-SITE PROPERTY, SECURITY, AND
DEPOSIT FOR CONDITIONAL USE PERMIT 93-46 FROM
ARTURO FLORES AND DIANA FLORES AND AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN SAME
WHEREAS, the Developer, Armro Flores and Diana Flores, has submitted to the City of
Rancho Cucamonga improvement plans for review as conditioned by CUP 93-46, located at the
southeast comer of Foothill Boulevard and Vineyard Avenue in the City of Rancho Cucamonga; and
WHEREAS, for the Developer to meet the requirements established as prerequisite to
issuance of building permits of said development said Developer has offered the Acquisition
Agreement submitted herewith for approval and execution by said City, together with good and
sufficient security and deposit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES as follows:
That said Acquisition Agreement be and the same is hereby approved and the
mayor is hereby authorized to sign said Acquisition Agreement on behalf of
said City and the City Clerk is authorized to attest thereto; and
That said Acquisition Agreement is accepted as good and sufficient, subject to
approval as to form and content thereof by the City Attorney.
CITY OF RANCHO CUCA1VIONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Larn, AICP, City Manager
William J. O~leil, City Engineer
Lucinda E. Haekett, Associate Engineer
APPROVAL OF A LEASE AGREEMENT BETWEEN THE JOSEPH FILIPPI
VINTAGE CO., INC., AND THE CITY OF RANCHO CUCAMONGA FOR THE
LEASE OF TEN ACRES OF VINEYARD ON THE CENTRAL PARK SITE AND
AN AMENDMENT TO THE LAND PURCHASE FOR CENTRAL PARK SITE
WITH THE LEWIS DEVELOPMENT COMPANY AND ROSEBUD
CONSTRUCTION COMPANY, INC.
RECOMMENDATION:
It is recommended that City Council approved the lease agreement between the Joseph Filippi
Vintage Co., Inc., and the City of Rancho Cucamonga for the lease of ten acres of vineyard on the
Central Park site and the amendment to the Land Purchase for the Central Park Property with Lewis
Development Company and Rosebud Construction, Inc. (formerly known as Lewis Construction
Company, Inc.) and the City of Rancho Cucamonga to allow for the interim agricultural use of the
property and authorizing the Mayor and the City Clerk to sign same.
BACKGROUND/ANALYSIS:
Over the past several months, staff has been researching a proposal by the Filippi family to mm a
portion of Central Park into a viable vineyard. At the present time the City does not have the funds
to develop the 100 acre site into a park. Staff has been working with Gino Filippi to develop a
strategy by which he would be able to reclaim the plants in Central Park, at least on some limited
basis, and return a portion of the park to a producing vineyard. Staff has contact other growers in
the area conceming use of Central Park as a vineyard. No interest other than the Filippi family has
been received.
Currently, Central Park is overgrown with weeds. However, a field inspection with Gino Filippi
indicates the plants are still viable and in fact, are still producing grapes. A field investigation has
revealed there are three types of vines on the property. These are Zinfandel, Merlot and Mission.
Gino Filippi has suggested we set aside a minimum of 10 acres of the Zinfandel vines for
rehabilitation. The strategy would be to clean at least 10 ac~:es, provide some irrigation and evaluate
over the next several months if sufficient grapes can be harvested to provide enough revenue to make
the proposal work.
CITY COUNCIL STAFF REPORT
LEASE AGREEMENT/JOSEPH FILIPPI
December 6, 1995
Page 2
The City Attomey has dram up a Lease Agreement with the Joseph Filippi Vintage Co., Inc., which
spells out the responsibilities of the parties involved and the distribution of revenue. If successful
the J. Filippi Vintage Co., Inc., will use the grapes from the vineyard for wine. Wine will be labeled
as Joseph Filippi Winemaker's Reserve Limited Release, Cucamonga Valley, Central Park Vineyard.
The proceeds to the City will come from the sale of grapes Only not from making or selling of wine.
In May of 1984 the City acquired the Central Park Property through an Agreement with the Lewis
Construction Company (now known as Rosebud Construction, Inc.) and Lewis Development
Company. The original Agreement has a stipulation that "the property shall be developed and
forever used solely for public park purposes". Rosebud Construction, Inc., and Lewis Development
Company, Inc., have agreed to the attached amendment that modified the original Agreement and
will allow for interim agricultural use of the property until the funds are available to construct the
park. A copy of the original agreement is on file in the City Clerk' s office.
Staff has analyzed the proposal on a cost benefit basis which is shown in the attachment.
Concem has been expressed regarding the appearance of the Central Park site. While the remm from
harvesting grapes is not guaranteed, the purpose of the City's commitment is to improve the
appearance of the site, provide a historical expression of the City's history and provide potential
educational oppommities. The site may become available for tours and staff at Cal Poly Pomona
has expressed interest in our efforts.
Based on the above staff recommends approving the Lease Agreement with the J. Filippi Winery,
the Amendment to the Land Purchase Agreement and a budget transfer in the Beautification
Account to cover expenses for this project.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:dlw
Attachments
Phase I
Initial clean up of 10 acre vineyard
Cost = $825 per acre = $8,250 (Jan.' 96)
Clean up includes:
1. Mowing and cutting of brush
2. Mulching of cuttings
3. Tractor work, hand work
4. Includes some frontage work along Base Line Road
Phase II
First pruning and new planting
Cost = $4,700 (Feb. '96)
1. Initial pruning and training of vines
2. Replace missing vines with new planting and wood stakes
3. Irigate new plantings as needed
4. Initial pest control as needed
5. Additional clean up and hard work
Phase III
Annual upkeep of 10 acre vineyard
$8,000 (July/Aug. '96)
1. Weed abatement
2. Annual pruning and handwork
3. Irrigation as needed for new vines only
4) Pest control as needed
5) Harvesting of grapes (small harvest expected until '98)
Phase IV
Harvest 1. Zinfandel grapes went for $350 to $450 per ton in 1994 harvest
2. Estimate yield 3 to 4 tons per acre for Central Park vineyard
Summary of Costs & Proceeds: Based on a yield per Ton of $350.00
Phase I $ 8,250
Phase II $ 4.700
City's initial outlay $12,950
Harvest:
('96) 1st year $350 x 3 Tons x 10'Acres
Annual Pruning & Upkeep (Phase III & IV)
Yield to City
$10,500
(8.000)
$ 2,500
('97) 2nd year $350 x 3 Tons x 10 Acres
Annual Prunning & Upkeep (Phase III & IV)
Yield to City
$10,500
(8.000)
$ 2,500
('98) 3rd year $350 x 4 Tons (anticipated increase in harvest)
x 10 Acres =
Annual Pmnning & Upkeep
Yield to City
$14,000
(8.000)
$ 6,000
('99) 3rd year $350 x 4 Tons (anticipated increase in harvest)
x 10 Acres =
Annual Pmnning & Upkeep
Yield to City
$14,000
(8.000)
$ 6,000
Total proceeds after 4 years
-City's initial outlay
Yield to City after 4 harvests
$17,000
(12.950)
$ 4,050
After 4 years yield estimated to be $2,500 to $10,000 depending on yield of grapes.
AMEND1MENT NO. 1 TO LAND PURCtlASE AND GIFT AGREENIENT
This Amendment No. I to Land Purchase and Gi~ Agrecment (the
"Amendment") is made and entered into this__ day of __., 1995, by
and bctxveen ROSEBUD CONSTRUCTION, INC., a California corporation (formerly
I,ewis Construction Co., Inc.) and LE\VIS DEVELOPMENT CO., a General Partnership
(hcreinafter collectively referred to as "Lewis"), and the CITY OF RANCHO
CUCAMONGA, a municipal corporation (hereinaftcr referred to as the "City").
A. P, ecitals,
(i) On May 24, 1984, I,ewis and City e~tered into that Lm~d Purchase
m~d Gig Agreement (the "Agreement") concerning, in pcrtinent part, the purchase and
gift of that real property for public park purposes ,knox,,,q~ commonly k3mxvn as "Central
Park."
(ii) 'fhe Agrccinent provides (at paragraph 2(a)) that the Central Park
property "...shall be developed and forever used solely for public pm'k purposes or
ancillary commercial purposes ....
(iii) Prior to transfcr to City, portions of the Central Park property ,.,,'ere
developed and operated as a vineyard. City desires, as an interim use pending full
development of the park, to lcase a portion of the property tbr operation as a vineyard,
together with associated public arechilies retatcd thereto.
(iv) City and Lewis n-mtually agree that the vineyard operation is an
appropriate interim use tbr the property and agree to amend the Agreement accordingly.
B. Agreement.
NOW, THEREFORE, in consideration of the Recitals and covenants
containcd herein, Lewis and City agree as follows:
I. Paragraph 2(a) of the Agreement is hereby amended to read, ir~ words
and figures, as follows:
t.7, RC~.\N 1DAG REE',6.18
"(a) that the Property shall be developed and tbrever used solely for
public park puq.~oses or ancillary commercial pu~oses; provided, that pending
completion of full improvenmnts to the park, any or all of tile existing vineyards
may be fiarmed a.nd harvested for commercial sate by City, or City's lessee. This
interim use of the vineyard shall only be valid for a period of ten (I 0) yem's
following the efti:ctive date of this Amendment unless extended by written
agreement of City and Lewi.s."
2. Except as expressly amended by Ibis Amendment, the Agreement shall
remain in full force and efii:ct.
IN WITNESS WHEREOF, the City and Lewis have executed this
Amendment to be effective on tile date provided hereit:.
ROSEBUD CONSTRUCTION, INC.,
A Califorrfia Corporation
By:.
LEWIS DEVELOPMENT CO.,
A General Partnership
By:
CITY OF RANClIO CUCAMONGA,
A Municipal Corporation
By:
William J. Alexander, klayor
ATTEST:
By:
City Clerk
C, RCxAMD,-x. GREE'~6.18 2
LAND PURCHASE AND GIFT AGREEMENT
This Land Purchase and Gift Agreement (the "Agreement") is made the n~Vt~c
day of by~X~n~ , 1984 (hereinafter referred to as the "Effective
Date"), etween LEWIS CONSTRUCTION CO., INC., a California corpora-
tion, and LEWIS DEVELOPMENT CO., a general partnership (hereinafter collec-
tively referred to as "Lewis"), and the CITY OF RANCHO CUCAI~ONGA, a
Municipal corporation (hereinafter referred to as the "City").
RECITALS
Am
City acknowledges that an appraisal by a qualified appraiser has been
completed and agrees that the fair market value of the property which
is the subject of this Agreement is $7,900°000.00, as established by
that appraisal, which amount is equivalent to approximately $76,350.00
per gross acre.
City desires to acquire the above-mentioned property for public park
purposes, but has determined it is financially unable to pay the
appraised value.
City recognizes and gratefully acknowledges that Lewis is making a
gift to the City by conveying said property for an amount well below
fair market value and on terms and conditions more favorable to the
City than would be customary in a land sale transaction between
private parties.
NOW, 'THEREFDRE, IN CONSIDERATIDN OF THE MUTUAL COVENANTS AND AGREEMENTS
HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATIONS, the parties
hereto agree as follows:
The City agrees to purchase from Lewis, and Lewis agrees to sell to
the City, according to the terms and conditions herein contained, that
certain real property in the City of Rancho Cucamonga, San Bernardino
County, California, as more fully described in Exhibit "A" attached
hereto and made a part hereof and consisting of one hundred three'and
Rev. 052284
Land Purchase and Gif~ greement Page 2
forty-seven one-hundredths {103.47} gross acres, more or less
.{hereinafter referred to as the "Property"}, being one hundred five
and forty-six one-hundredths'{105.46) gross' acres measured from the
ultimate centerlin~s of adjacent roads, less approximately one and
ninety-nine one-hundredths (1.99} acres already conveyed for purposes
of public road right-of-way. The acreage to be conveyed shall be
determined. by a licensed civil engineer selected by Lewis. The City
shall have the right to review and approve such survey.
2. The City represents and warrants, which representation and warranty
are material parts of the consideration to Lewis:
{a} that the Property shall be developed and forever used solely for
public park purposes or ancillary commercial'purposes;
(b) that in recognition of the gift from Lewis a portion of the
Property including the first phase of parkland to be developed,
consisting of approximately one-third (1/3) of the Property,
shall be named the "Ralph M. Lewis Sports Complex", or such other
name as may be acceptable to Lewis.
3. The purchase price to be paid by the City to Lewis for the Property
shall be Five Million One Nundred Seventy-three Thousand Five Nundred
and 00/00 Dollars {$5,173,500.00). Notwithstanding the foregoing, if
the survey of the Property to be furnished by Lewis to the City, as
herein provided, reflects that the number of gross acres comprising
the Property is more or less than 103.47, the purchase price shall be
increased or reduced by the product of $50,000.00 times the number of
gross acres of the Property more or less than that figure. The
parties intend that the difference between the fair market value
acknowledged in Recital "A" of this Agreement and the Purchase Price
as herein established be deemed a gift from Lewis to the City.
3.1 An escrow for this transaction shall be opened at the San
Bernardino office of TICOR Title Insurance Company, which entity
shall be hereinafter referred to as the "Escrow Holder". Escrow
Rev. 052984
Land Purchase and Gift Agreement Page 3
shall be opened within ten (10) business days after execution of
this Agreement by both parties and shall be deemed open at the
time a fully executed copy of same is deposited with the Escrow
Holder.
3.2 The close of escrow for the purchase and sale of the Property
shall occur on October 1, 1984, or as soon as possible
thereafter, and must take place by November 30, 1984, failing.
which escrow shall be cancelled and this Agreement shall
terminate; provided, however, that so long as the City has met
all duties, requirements, and conditions precedent to the closing
which are required of it pursuant to this Agreement, including
execution of all documents needed for such closing, and only if
Lewis has failed to meet its obligations without being prevented
thereby by any action or inaction of City, then City may at its
sole discretion extend such date of closing until Lewis has met
such obligations and the escrow is in-condition to close. Close
of escrow shall be subject to fulfillment or waiver of the
following contingencies during the period extending from the
Effective Date of this Agreement until such date of closing
(hereinafter referred to as the "Feasibility Period"), which
contingencies are for the benefit of the City only. If any of
t~e following contingencies is not fulfilled or waived prior to
the end of the Feasibility Period, the City may cancel escrow and
terminate this Agreement without further obligation, rights, or
liability:
(a) City's approval of a CLTA preliminary title report furnished
by Lewis within twenty-one (21} days after the Effective
Date hereof. Lewis agrees not to further encumber the
Property subsequent to the date of issuance of such report.
In the event the City expressly disapproves any matters of
title not listed in Section 13 of this Agreement, then it
may cancel escrow and terminate this Agreement without
fault, or, at its election, accept the Property without
abatement of the Purchase Price.
Rev. 052284
Land Purchase and Gift o.greement Page 4
(b) City's approva! of such engineering studies, soils test
reports, and financing and development feasibility studies,
conducted at its own expense, as the City, in its sole
discretion, may deem necessary or desirable to the end that
the City is satisfied that the Property can be reasonably
developed for the purposes intended. During the period of
time between the Effective Date and the close of escrow
Lewis grants City a non-exclusive license to enter onto the
Property for the purpose of conducting such {ests and City
agrees to indemnify and hold Lewis harmless from all
liability, loss, damages, claims, cost, or expenses arising
from such entry and use.
(c) City's approval of the map for subdivision of land as
described in Paragraph S hereof, which approval may not be
unreasonably withheld.
4. The Purchase Price shall be payable according to the terms of Ctty's
note {hereinafter referred to as the "Note"} secured by a trust deed
(hereinafter referred to as the."All Inclusive Purchase Money Deed of
Trust"), both to be duly executed and delivered to Escrow Holder at
the close of escrow, specimen copies of each being attached hereto as
Exhibits "B" and "C", respectively. Yhe Note and All Inclusive
Purchase Money Deed of Trust shall be in the nature of "All-Inclusive"
or "Wrap-Around" instruments as the total principal amount includes
certain unpaid principal balances on promissory notes secured by
senior deeds of trust. Said Note and All Inclusive Purchase Money
Deed of Trust shall require that the Purchase-Price shall be paid in
ten (10) annual payments which shall each include principal plus
interest as defined herein. Each annual principal installment shall
be in the amount of one-tenth (1/10) of the total Purchase Price.
Each annual payment shall additionally include all accrued interest on
the annual principal installment at the annual rate of twelve percent
(12%), compounded annually from the date of close of escrow. lhe
first such annual payment shall be due and payable August 1, 1985, and
the remaining payments shall be due annually thereafter until all
Rev. 052284
Land Purchase and Gift Agreement Page 5
principal and interest has been paid. In the event the City is
unable, in good faith, to make an annual payment or portion thereof
when due, then provided it is not then in default of any of the terms
of this Agreement or the All Inclusive Purchase Money Deed of Trust it
may elect one time and one time only during the period of the Note,
and upon sixty {60) days' advance notification to Lewis, to defer for
a period of one {1) year the portion of that annual payment which it
is unable to pay. In the event of such election, any portion of the
payment tendered when originally due shall be applied first to
interest accrued. Interest upon the deferred principal installment
shall continue to accrue, and at the end of such deferral period City
shall make a payment consisting of the deferred principal and all
accrued interest to the date of payment as well as the annual payment
(including principal and interest) which normally would have been due
at that time without regard to such deferral.
~s a condition to the close of escrow, and for the benefit of the
City, the Property shall be divided out of the land of which it is a
part and shall be further divided into not less than ten (10) parcels
{hereinafter referred as the "Lots") of ten (10) acres apiece substan-
tially in the manner illustrated on the Lot Release Map of Exhibit
"D", attached hereto and made a part hereof. The easterly-most, or
tenth,'Lot will be larger or smaller than ten (10) acres to reflect
the actual acreage of the Property as determined by survey. During
the Feasibility Period herein defined, Lewis shall comply with all
requirements of law relating to both the division and the further
division of land hereinabove mentioned. City agrees to expedite the
processing of the land division application, and that there shall be
no fees or other exactions charged as a result of this intended land
division.
At the time the City makes each annual payment, including 'principal
and accrued interest and provided it is not then in default of any of
the provisions of this Agreement or the All Inclusive Purchase Money
Deed of Trust, City may request, 'and shall be granted by Lewis,
reconveyance from the lien of the All Inclusive Purchase Money Deed of
Rev. 052284
Land Purchase and Gift Agreement
Page 6
Trust of one (1) of the ten (10) Lots. The first Lot designated for
reconveyance shall be the southwesterly-most Lot, adjacent to Deer
Creek, and the second shall be the northwesterly-most. Subsequent
reconveyances shall be in the numerical sequence indicated on
Exhibit D. Lewis and the City agree that the All Inclusive Purchase
Money Deed of Trust shall have included in it this release provision.
7. Provided it is not then in default of any of the provisions of this
Agreement or the All Inclusive Purchase'Money Deed o~ Trust, City
shall have the option to obtain a release from the lien of the All
Inclusive Purchase Money Deed of Trust for any Lot in next ascending
numerical order to a Lot previously reconveyed to City by paying:
(a) the principal amount of the annual payment next due, plus
(b) the accrued interest on that principal amount to date of payment
according to the terms of the Note;
provided, that principal payments made pursuant to this Section of the
Agreement shall be credited against the next annual payment due to be
made under the terms of the Note.
8. t its sole cost and expense and at any time after close of escrow,
he City may install park improvements upon the Property. Subject to
the provisions of this Section the City shall, at its sole cost and
expense, install all public works improvements within future street
rights-of-way to the centerlines of streets on the perimeter of the
Property. Such public works improvements within street rights-of-way
include, without limitation as to the completeness of the list, curb,
gutter, pavement, storm drain, master planned storm drain
improvements, street lights, usual signalization costs, utilities
installation (including undergrounding of electrical service), any
utility extension required to serve the Property, gas, electric,
telephone, cable TV, median islands, pedestrian crossings, costs
related to Deer Creek Channel crossings, and all other similar
improvements (hereinafter collectively referred as the "street
Rev. 052284
Land Purchase and Gift Agreement Page 7
improvements"), and shall be installed by the City no later than the
time of development of Terra Vista subdivisions fronting on the
opposite side of the segment of street in question except as provided
herein. In the event City has not yet obtained reconveyance from
Lewis or its trustee from the lien of the All Inclusive Purchase Money
Deed of Trust applicable to any Lot which includes such segment at the
time such construction is to commence, then City may defer that
installation; provided, however, Lewis, in its discretion, may then
elect to loan to the City or advance the cost of' such street
improvements in that segment, or to construct such improvements; if
Lewis elects either course of action the City shall at the time of
reconveyance of such Lot from the lien of the All Inclusive Purchase
Money Deed of Trust repay to Lewis its actual costs incurred for such
street improvements, plus interest on such amounts from the date of
completion to the date of payment at a twelve percent (12%) annual
rate compounded annually until paid. In the event the City has
elected to construct such street improvements at its own expense and
thereafter waives or forfeits its right to obtain reconveyance for any
Lot'or Lots which include such completed street improvements, then at
such time the waiver or forfeiture is final Lewis shall repay to the
City its actual costs incurred for such street improvements plus
interest for such amounts from the date of.completion to the date of
payment at a twelve percent (12%) annual rate, compounded annually
until paid.
9. In the event Lewis reacquires title to any of the Lots, or portion
thereof, whether because the City waives or forfeits its right to
further reconveyances from the lien of the All Inclusive Purchase
Money Deed of Trust prior to release of all the Lots from such
encumbrance, or by foreclosure as a result of default in the All
Inclusive Purchase Honey Deed of Trust, by tender of deed in lieu of
foreclosure, by exercise by Lewis of its right to repurchase, or by
any other means, then with respect to such Lots reacquired by Lewis;
(a) the City agrees to remove, at its sole cost and expense, any park
Rev. 052284
Land Purchase and Gif kgreement Page 8
improvements installed thereon and to restore said Lots to the
land condition exi'sting as of the Effective Date of this
Agreement to the extent Lewis shall so request.
(b)
Lewis may apply at any time thereafter to begin development of
such Lots pursuant to Section VI of the Tetra Vista Con~nunity
Plan adopted February 16, 1983 {the "Con~nunity Plan") which
provides in part that "the site will [then] be developed for
income property uses, that is, rental properties intended to be
maintained by the owner/developer for its investment
portfolio...", and the City agrees to process such application in
good faith consistent with said Con~nunity Plan and General Plan
of the City.
10.
The Note and All Inclusive Purchase Money Deed of Trust shall not be
assumable, and any attempt by the City to transfer or assign its obli-
gations or to convey its interest in the Property encumbered thereby
shall be deemed a material default thereunder. In the event the City
does not develop and continue to use all of the Lots as public park
but instead desires to sell or otherwise transfer all or a portion of
the Lots directly or indirectly after reconveyance from the lien of
the All Inclusive Purchase Money Deed of Trust, then Lewis may exer-
cise a right of repurchase, which right i's hereby granted for a period
beginning at close of escrow of this transaction and. terminating
twenty (20) years thereafter, by serving notice of such exercise on
the City within sixty (60) days after notification by the City of its
desire to sell or transfer, and by tendering to the City, in cash,
within one hundred eighty (180) days after such notification by the
City the full amount paid by the City for obtaining reconveyance of
the Lot or Lots from the lien of the All Inclusive Purchase Money Deed
of Trust. For purposes of this Section 10 of this AgreemenU a lease,
license, or similar grant to a private business entity for purposes of
providing or operating public recreational facilities or ancillary com-
mercial facilities shall not be a default in the terms hereof or the
All Inclusive Purchase Money Deed of Trust and shall not activate this
right of repurchase. Such right of repurchase shall be included within
Rev. D52984
Land Purchase and Gift Agreement Page 9
the Grant Deed. The right of repurchase granted pursuant to this
paragraph shall not be appurtenant to the land, but shall belong
solely to Lewis and may be assigned only to a business entity, more
than fifty percent (50%) of which is owned and controlled, directly or
indirectly, by one or more of Ralph H. Lewis, Goldy S. Lewis,
Richard A. Lewis, Robert E. Lewis, Roger G. Lewis, Randall W. Lewis,
Edwin C. Kin~nel, or to any one or more of such individuals or their
h~irs.
11. This Agreement and the obligations of Lewis and the City hereunder
shall be contingent upon deposit into escrow within ten (10) business
days after the Effective Date hereof of a signed copy of this Agree-
ment.
12. (Not used.)
13. City shall accept conveyance of the Property at close of escrow by way
of Grant Deed subject to:
(a]. general and special taxes not yet delinquent;
(b) such reservations, restrictions, covenants, conditions,
easements, rights of way, rights of record, exceptions,
a~sessments, outstanding mineral interests and similar
encumbrances which presently exist, plus the right of repurchase
reserved in this Agreement, including but not limited to those
shown in the preliminary status of title attached to this
Agreement as Exhibit "E" and incorporated herein by this
reference, and
(c) trust deed encumbrances shown 'as items B, 9, and 11 on said
Exhibit E, which are outstanding at the date of this Agreement
and will be satisfied by Lewis according to thei~ terms;
provided, however, that at the time City has become entitled to
reconveyance of a Lot pursuant to this Agreement, and upon the
condition that City is not in default hereunder, such
reconveyance shall be free and clear of such trust deed
Rev. 052284
Land Purchase and Gift Agreement Page 10
encumbrances. City agrees in entering into this Agreement
subject to such trust deeds that it will honor and abide by the
terms and conditions contained therein, and any act of default by
City under such trust deed shall be deemed a default under the
All Inclusive Purchase Money Deed of Trust.
13.1
Lewis shall furnish, at its cost and expense, a CLTA Standard
title policy issued by TICOR Title Insurance Company or another
title company mutually acceptable to'the parties, ~ubject to the
printed exceptions to such policy,. the exceptions identified in
Section 13 of this Agreement, and all other further matters as
may be approved or waived by the City. In the event the City
desires that an ALTA policy be-issued, or requires any
indorsements to the policy furnished, all c~sts related thereto
(including the cost of the required ALTA survey) shall be paid,
prior to close of escrow, by the City.
14.
All taxes, assessments, and insurance premiums, if any, pertaining to
the. Property shall be prorated on the basis of 30-day months and the
latest available tax bills as of 12:00 Midnight Pacific Standard Time
on the date of close of escrow. Payments or reimbursements due to
Lewis or the City as a result of this proration shall be deposited
into escrow by the party owing same before the date set for closing,
and shall be a condition precedent to any executory obligations of the
party to receive such proceeds. Documentary transfer taxes shall be
paid by City. All costs and expenses incurred in this transaction, to
the extent not provided for herein, shall be divided between the
parties in such manner as is customary in San Bernardino County.
15. (Not used.)
16.
City agrees with, and represents to Lewis that the Property' is being
purchased in its "as-is" condition, has been inspected by it, and that
it has been assured by means independent of Lewis or of any agent of
Lewis of the truth of all facts material to this Agreement, and that
said Property is and has been purchased by the City as a result of
Rev. 052284
Land Purchase and Gift ~greement Page 11
such inspection or investigation and not by or through any representa-
tions made by Lewis, or by an agent of Lewis. City hereby expressly
waives any and all claims for damages or for rescission or cancella-
tion of this Agreement because bf any representations made by Lewis or
by any agent of Lewis, other than such representations as may be
contained in this Agreement. City further agrees that Lewis and any
and all agents of Lewis shall not be liable for or on account of any
inducements, promises, representations, or agreements not contained in
this Agreement; that no agent or employee of Lewis i~ or has been
authorized by Lewis to make any representations with respect to the
Property, and that if any such representations have been made they are
wholly unauthorized, not binding on Lewis, and are not relied upon by
the City.
17.
City acknowledges that it is aware of the contemplated land uses of
Terra Vista in the vicinity of this Property, and that it will
endeavor to plan and implement the park improvements in such a manner
as to minimize or totally avoid, if possible, any negative impact on
the.surrounding lands.
18.
City agrees that maintenance and operation costs of the Property shall
be spread city-wide, and will not be allocated solely to Terra Vista
residents.
19.
All notices and demands which may or are to be required or permitted
to be given by either party to the other hereunder shall be in writ-
ing. All notices and demands may be personally served or shall be
sent by United' States mail, postage prepaid, addressed to the address
below designated or to such other place as a party may from time to
time designate in a notice given in accordance with this paragraph.
20.
The covenants, conditions, warranties, and representations herein
contained shall survive the close of escrow, issuance of any deed or
reconveyance, or similar act contemplated by this Agreement and shall
not be merged therein. Each such provision shall apply to and bind
Rev. 052284
Land Purchase and Gift ,greement Page 12
the heirs, successors, executors, administrators, and assigns of all
the partie~ hereto according to the teFms of this paragraph.
21.
In the event of any action or proceeding brought by any party against
any other under this Agreement, the prevailing party shall be entitled
to recover all reasonable costs and expenses including the fees of its
attorneys in such action or proceeding in such amount as the court may
adjudge reasonable as attorneys' fees, whether or not the proceeding
continues to judgment.
22.
Any provision of this Agreement which shall prove to be invalid, void,
unenforceable, or illegal shall in no way affect, impair, or invali-
date any other provision hereof and such other provisions shall remain
in full force and effect.
23.
The parties hereto are ac~ing as independent entities and this Agree-
ment shall not constitute a partnership, agency, or other business
relationship between or among them.
24.
In the event of alleged default or breach of any terms or conditions
of this Agreement, other than City's payment obligations under the
Note, the breach of which is discussed separately in this Agreement,
the pa~ty alleging such default or breach shall give the other party
not less than thirty (30) days' notice in writing specifying the
nature of the alleged default and the manner in which such default may
be satisfactorily cured. In the event such breach or default is not
cured within such period, the non-defaulting party may enforce this
Agreement by bringing an action in law or equity, and the parties
agree that specific performance shall be an appropriate remedy to be
sought.
25.
Each party hereby represents to the other that no real estate broker-
age con~nissions or finder's fees are payable by either party with
respect to the transactions contemplated herein.
Rev. 052284
Land Purchase and Gift Agreement Page 13
26. Time is of the essence for each provision of this Agreement of which
time is a factor.
27.
No amendment or modification to the provisions hereof shall be binding
upon the parties unless in writing and executed in the same manner as
the Agreement itself.
28.
The Recitals to this Agreement are incorporated herein and by this
reference made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective on the date herein provided.
"Lewis"
LEWIS CONSTRUCTION CO., INC.
a California corporation
1156 N. Mountain Avenue
Post Office Box 670
Upland, CA 91786-0670
By: ~ ~ x/~
"City" its Assistant Secretary
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
9320 Base Line Road, Unit "C"
Rancho Cucamonga, CA 91730
By: ~
JPW:drh/91BW
052184
LEWIS DEVELOPMENT CO.,
a general partnership
1156 N. Mountain Avenue
Post Offic ox 670
Upland, 91786-06 0
By
ATTEST:
CIty Cle/k
Rev. 052284
CENTRAL PARK VINEYARD LEASE
'this Lease is made and entered into by and between the CITY OF R_ANCHO
CUCAM2ONGA, a municipal corporation (hcrcina~er referred to as "I,ANDLORD") and J.
FI I,I PPI VINTAGE CO., INC.,, a California corporation (hereina~er referred to as
"TENANT"). 7
1. Frelniscs. LANDI,ORD hereby agrees to lease to TENAN'F and
TENANT agrees to lease from LANDI,ORD that certain parcel of real property, approximately
ten (10) acres located within Central Park i~ the City of Ranthe Cucamonga, Calit~mia,
hcreinafter referred to as "the Premises", all as more particularly described in Exhibits "A-I"
and "A-2" hereto ,-'rod by this refcrer~ce made a part hereof. This Lease is subject to the terms,
covenants and conditions hcrcinafter set forth and TENANT covenants, as a material part of
the consideration for this Lease, to keep and perform each and every term, covenant and
condition of said Lease.
A. The term el'this Lease shall be for a maximum often (10) years,
subject to armual renewal oftl'~e lease each year following the first year following
comrnenccment of lhe Lease.
B. In the event that TENANT shall not be in default in the pcrfommnce
of any tem~ or condition under this Lease (with all cure periods having lapsod), then following
the annual grape ha~xest and prior to the first day of January, TENANT shall have the option
to renew ~his Lease tbr an additional tem~ of one (1) year. Dt~ring any sttch renewal. period, all
of the terms and conditions el'this L~se shall ~emain in full lbrce and effect.
Said renewal options shall be exercised by personal delivery or by certified
mail, postage prepaid, of such notice of exercise of option to LANDLORD at the address set
fm~h herein for notices. Subject to 1.ANDI,O~'s ~ittcn authorization of each such option
(executed by the City Manager, of LANDLORD or his or her designee), such exercise oflhe
options granted hereunder shall automatically extend the term ot' this [,ease upo~ the lerms and
C."xRC'M,EASES\CNTRI-PRK\ 6.18
conditions set forth heroin, and no furthe,' v,q'iting need be exercised by TENANT or
I,ANDLORD. In the event that any option spccified heroin is t~ot exercised as provided,
within the time period provided, then said option and remaining options, if any, shall expire,
and TENANT shall not have a~y right to renew said Lease.
C. No annual renewal as provided heroin shall be effective unless
authorized, in '~witlng, by LANDLORD. LANDLORD may, without compensation or
reimbursement to TENANT, without cause and at LANDI,ORD's sole discretion, withhold
authorization of any renewal option. In the event that I,ANDLORD withholds authc.rization o1'
any renewal option as specified heroin, said option and any ren~aining option, if any, shall
expire and TENANT shall not have any right to renew fl~is l,easc.
In addition to the foregoing ten'nination for failure to authorize an opl. ion,
LANDLORD shall have the right to terminate '~his l.ease on all or any portion o1' the land
described heroinabove at any time upon providing thirty (30) days ~vritten notice to 'FENANT.
In the event of such termination, TENANT shall be entitled to be reimbursed from
LANDI.ORD for the reasonable annual expenses incurred by TENANT l~llowir~g the previcn-~s
seasons grape harvest up to, and inch.~ding, the date ot' tcrmination. Additionally, in the event
LANDLORD termirmtes this Lease prior to a given season's grape harvest m'~d LANDI,ORD
elects to harvest the grapes for salc that season, TENANT shall be entitled to twenty-five
pcrcel~t (25%) of the market price grape sale profit.
D. Upon expiration or termination of this l,ease, the parties hcrcto shall
be relieved of any further obligations under this l,ease; provided LANDLORD and TENANT
shall continue to have available all remedies for a breach of this I.,easc occurring prior to the
date of such expiration or termination. Within sixty (60) days following the expiration or
terminaiion of this Lease, TENANT shall remove its personal property and fixtures and restore
the premises to its original condition.
3. _'Renl. TENAN'l? shall not be obligated to pay rent to LANDLORD,
rather, the co~sidcration for which the Premises shall be leased to TENANT shall be
C\RC\LEASE..e,x. CNTrO..PRK\ 6.18
TENANTs obligation to ensure, maintain and repair tl~e Premises as well as share in the
profits of the sale of grapes harvested on the Premise-s as provided hcrcirx.
4, ILLs. TENANT shall use the Premises for the sole purpose of planting,
mair~tai nir~g and operating a vineyard ibr the purpose of' the sale o1' grapes for winemaking.
"I'ENANT agrees that it is its sole obligation .to obtain any and all necessary
certificates, permits and/or othe. r approvals which may be reqt~ircd fi'on'x ,--uxy federal, state or...
local authority to conduct such vineyard operations and/or the production and sale of wine.
5. Landlord Agrees:
A. To reimburse TENANT for the actual cost of initial clean-up of the
Premises. Such initial clean-up shall include:
1. Mowing and cutting of brush;
2. Mulching of cuttings;
3. Clearing of debris by tractor and hand; ,-rod,
4. Misccllaneotts access improvements along Baseline Road.
Reimbursement shall be based upon invoices provided 'to LANDI.O}LD within
ninety (.90) days following commencemerit of this Lease in an amount not to exceed Eight
I Iundrcd Twenty-five Dollars ($825.00) per acre.
B. To reimburse TENANT for the actual cost of the first pruning an,i new
plar~ting of the vineyards in a total amount not to exceed Four Thousated Dollars ($L,000.00).
Such pruning and planting activity shall include (1) initial pnlnir~g and trailring of vines; (2)
replacement of missing vines with new planrings and wood stakes; (3) irrigate new planrings
as he. cried; (4) initial pest control as needed; and, (5) additional clean-up. Expense
reimbursement shall be based on invoices provided to I,ANDLORD within five (5) monlhs
following commencement of the l.easc.
6. Tenant Agrec.~:
A. To perform all necessary initial clean-up and first priming and new planting
as described in paragraph 5, above, withir~ the time specified ~.hercin.
CXRC\LEAS g,qx.CNTKI .PRK\ 6.1 $
B. Following the initial clean-up, prunit~g arxd pl,'mting a,s specified a'..~ove, to
solely responsible, without rcimbursemcrxt from I,ANDLORD, for all activities and annual
keep of the Premises. Such mmual upkeep shall include, but not necessarily be limited to,
)wccd abatement; (2) annual pruning and hand work; (3) irrigation as needed; (4) pest
ntrol; and, (5) harvesting of grapes.
C. To pay LANDLORD, within thirty (30) days following each harvest of
apes, Ill't>, percent (50%) oFthe market price grape sale profit. Such payment shall be
companied by any nom'tal and customary bill of sale representing the sales price of the
apes harvested. h'~ the event TENANT does not sell all such harvested grapes but uses all, or
ty portion thereof, tbr its ov,-n use in winemaking, TENANT shall remit the equivalent
arket price grape sale profit of such retained grapes in an amount equivalent to the highest
arket price available within thirty (30) days Ibllowing harvest.
D. Prior to the application of any pesticicle or herbicide in eormection with the
'neyard, to obtain and comply with any and all penTtitS or rcgulat0ry prerequisites as
;tablished by any applicable regularcry jurisdiction.
7. Advertising a~kd Marketi~ of Products. In the advertising and
~arkcting of any wine produced from the grapes grown on the Premises, TENANT may utilize
~e name "Central Park Vineyard" l~r any variety thereof (at TENANT's solely discretion);
owevcr, any use of the name "City of Rancho Cucamonga" other than to denote lo.:ation, is
rohibited in mW advertising or marketing activity in connection 'with such product:;.
8. Compliance wilh La'~:. TENANT shall not use the Premises or peru'fit
nything to be done in or about the Premises v,'hich will in any way conflict with any law,
tatate, ordinance or other governmental rule or regulation now in force or which rnay
:creinafter be enacted or promulgated, TENANT shall, at its sole cost m'}d expense, promptly
oreply with all laws, statutes, ordinances and other governmental rules, rcgulations or
equircments now in force or which may hereinaftcr be enactcd or promulgated, relating to, or
ft'cctir~g the condition, use or occupancy of lhc Premises, excluding structural char-.igcs not
'elated to or a~i~ctcd by TENANT's improvements and acts. The judgment era court of
2:%..R. CXl ,EA S ES\CNT P, 1 .I.'P,_K\ 6. J
4
compctcnt jurisdiction or the adn'~ission by TENANT in any action against 'FENANn?, whether
I,ANDLORD be a party thereto or not, that TENANT has violated any law, statute, ordinance
or ,',u~y other govcrmnental rule or rcgulatio~ shall be conclusive of that fact as between
LANDLORD ,-and TENANT.
9. Alterations and Addilio. ns. Other than as expressly required or
permitted herein, TENANT shall not make or suffer to be made any alterations, additions o?
in~provemcnts in or to or about tl~e Premises or any part thereof without the xwitten consent Of
LANDLORD first had and obtained. Any alterations, additions or improvements to the
Premises desired by TENANT, other tl.~an those expressly required or permitted her{:in, shall
require I,ANDLORD's prior written consent, arid shall be made by TENANT at TENANT's
sole cost and expense, and any contractor or person selected by TENANT to make the same
must first be approved of, in writing, by LANDI,ORD.
10. physical Condition of Premises; Waiycr.
A. By taking possession of the Premises, TENANT shall be deemed to
have accepted the Premises as being in good order, candition and repair. Except as
specifically set forth hcrein, LANDLORD shall have no obligation whatsoever to alter,
improve or repair the Premiscs, or any part thereof, and the'parties hereto affirm that
LANDI,ORD has made no representations to TENANT respecting the condition of the
Premises except as specifically set forth herein.
B. LANDLORD shall ~ot be liable for any hilure to make m'~y such
repairs, or to pert~rrn any maintenance exccpt as specifically provided herein. TENANT
hereby specifically \valves the right to make repairs at LANDLOP,-D's expense urtd¢:r any law,
statt~te or ordinance now or hereafter in effect.
C. TENANT shall accept possession of the Premises, in an "as is" physical
condition with no warranty, cxpress or implied, by LANDLORD as to the condition of the soil,
its geology, its suitability for the use intended by the TENANT, any onsite soils contarrtination
or any similar matters. It shall be the sole responsibility and obligation of TENANT to
irtvcstigate and correct any adverse soil, surface or subsurl~cC conditions of the Premises, and
C\RC\[EASI:'S\CNTRLPR. K\ 6. t 8
....... -=.r*-, I F' . E~3:*~*" I 4
to take such action as may be ncccssary to place the Premises in a cor~dition entirely :~uitablc
for the use intended by TENANT and agreed to by LANDLORD as is set forth hereln.
D. TENANT hereby specifically waives any rights TENANT rnay have
against LANDLORD with regard to the condition of the Premises, inch~ding, but no, limited
to, soils, toxic or hazardous materi'als, fill material, compaction, geologic constraints and
faults. 'FENANT also further agrees to indemnify and l~old harmless LANDLORD fi'o~'~ and
against any ,':rod all claims, losses, liabilities, damages, demands, actions, judgments, causes of
action, assessments, penalties, costs and expenses (including without limitation, the xreasonable
fees and disbursements of legal counsel, expert wimesses and account,'mts) and all foreseeable
arid unforesccable consequential damages which might arise or be asserted against
I.ANDLORD as a result of a claimed violation of any and all present and ~m.~re fedc'ral, stale
and local laws (whether under common law, statute, rule, regulatior~ or otherwise), including,
but not limited to, the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through 9657, inclusive; Transportation:. of
Hazardous Materials and Wastes (IIMTA). 49 U.S.C. App. §§ 1801 through 1813, inclusive;
the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through
6992, inclusive; 40 C.I.'.R. Parts 260 through 271, inclusive~ the California IIazarclous
Substance Account Ac~ (HSAA), California Health and Safety Code §§ 25300 through 25395,
inclusive; the Calil~rnia llazardous Waste Control Act (IIWCA), Culit~rnia Health and Safety
Coae §§ 25100 through 25249, inclusive; the Porter-Cologne Water Quality Control Act,
California Water Codc §§ 13000 through 13999.16, inclusive; and the Underground Storage
Tank Act CUSTA), CaliFornia Ilealth and Sal>.ty (:ode §§ 24280 through 24299.7, inchlsive, all
as the same may be amended ti'om time to time, relating to the enviro~mcnt or to
hazardous substance, activity or material connected with TENANT's use of the Premises. This
environmental indcmnity shall survive the expiration or termination of this Lease as to
activities taking place or occurring on or about the Premises prior to such expiratiorl or
termination.
C'XRCx..LEASESx. CN'I'R, .PRK~. 6. l 8
(--el
SAID WAIVER IS SPECIFICAI.LY AGREED '1'O BY TENANT.
By: __ .
E. LANDLORD shall, upon request and at TENANT's cost, provide to
TENANT copies of all reports, studies, surveys and other data a. nd information on the
Premises which is now available to I,ANDLORD. LANDI,ORD represents that it has no
infom~ation disclosable pursuant to California Health and Safety Code
§ 25359,7(a).
11. _Claims Against Premises. TENANT shall not suffer or peru'fit to be
en forced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's
or subcontraetor's liens arising from, or any claim for any work of construction, repair,
restoration, replacement or improvement of or to the Premises or any other sinqlax claim or
demand howsoever the same may arise, but TENANT shall pay or cause to be paid any and all
such claims or demands before any action is brought to enl~.'~rcc the same against lhe Premises.
TENANT agrees to indenmi I'y and hold LANI')LORD and the Premises free and harmless of
all liability for aa~y and all such claims and demands, together with LANDI,ORD's reasonable
attorneys' fees and all costs and expenses in cormcction therexvith.
12. Utilities. TENANT shall pay the cost of any and all water, electrical,
gas or other utility services delivered to the Premises during the tcrn~ hereof.
13. Taxes. 'FENANT shall pay, or cause to be paid, before delinquency,
any and all taxes levied or assessed and which becon'te payable during the term hereof upon all
ofTENANT's posscssory interest ir~ and to the Premises, leasehold improvements, equipment,
fixtures. and personal property located in or about the Premises. 'FENAN3' agrees that, without
prior demand or notice by LANDLORD, TENANT shall, not less than fifteen (15) days prior
to the day upon which any such possessory intercst or other such tax is due, provide:
LANDLORD with proof of payment of such tax.
14. Entry b)' I.~AN. DI,ORD. TENANT hereby agrees that representatives
of the LANDLORD, as designated by I.ANDLORD's City Manager, shall have the: right to
CMRC\I ,EASES'..CNTRLI'P,K\ 6.18
7
enter the Premises and inspect the same to determitre if the same complies with each and every
term and condition of this Lease and with all applicable City, County, State and Federal laws,
rules, ordinances and regulations relating to the conduct of TENANT's business. TENANT
hereby waives any claim 1br damages or for arxy injury or inconvenience to or interference with
TENANT's business, any loss of occupancy or quiet enjoyment of the Premises, m~d any loss
occasioned thereby. LANDLORD shall at all times have and retain a key with which to:
unlock any perimeter enclosures (fencing, etc.), if any permitted, surrounding TENANT's
hcilities. Any entry to the Premises obtained by LANDLORD, as provided above, shall not,
under any circumstances, be construed or deemed to be a tbrcible or unlawfi. ll entry into, or a
dctainer of, the Pren'xiscs, or an eviction of TENANT I~rom the Premises or any poaiol~ thereof.
15. Eclucatignal arul/o.r Cultural_Programs. TENANT acknowledges that
the Premises are located within a public park, owned by a public entity. I,ANDLOI;:D may, at
LANDLORD's sole discretion, institute and/or allow certain educational or cultural programs
in and around the Premises. Prior to any such entry onto the Premises, I,ANDLORD shall
provide TENANT with no less than seventy-two (72) hours prior v.q-itten riotice ofsucl't entry.
TENANT hereby waives uny claim for damages for or any injury or inconvenience :~o or
interfcrertce with TENANTs busincss and the quite enjoyment of the Premises that may be
lost thereby and such entry shall not be construed or deemed forcible or unlawful or.try into the
Premises or an eviction of the TENANT from the Premises or any portion thereof.
16. Default. Tl~e occurrence of any one or more of the following events
shall constitute a clefatilt and breach of this Lease by TENANT:
A. Vacatir~g or abando~m~ent ofthe Premises by TENANT;
B. The failure by TENANT to make any payment required to be, made by
TENANT hereunder, as arid when due, where such thilure shall continue for a period of seven
(7) days after mailed written notice thereof by I. ANDLORD to TENANT, return rev. eipt
requested;
C. A hilure by TENANT to observe or perform any of the covenants,
conditions or provisions of this Lease to bc observed or performed by TENANT, other than as
C\RC\LEASESx. CNTRLPP, K\ 6.18
described in subparagraph 14.B., above, where such failure shall continue for a period of
twenty (20) days after mailed written notice thereof by LANDLORD to TENANT, return
receipt requested; provided, however, that if the nature of the default involves such t:hat more
than thirty (30) days are reasonably required I'br its cure, then TENANT shall not be deemed to
be in default if TENANT commences such cure within such thirty (30) day period and .
thereafter diligently prosecutes said cure to completion; or
D. The making by TENANT of any general assignment or general
arrangement for the benefit of creditors, or the filing by or against TENANT of a pe:!ition to
have TENANT adjUdgcd a bankrupt, or a petition or reorganization or arrangement under any
law relating to bankruptcy (unless, in the case era petition filed against TENANT, the same is
disrnisscd within sixty (60) days); or the appointment era trustee or a receiver to take
possession of substantially all of TENANT's assets located in or about the Premises or o f
TENANT's interest in this Lease, where possession is not restored to TENANT within thirty
(30) days; or the attachment, execution or other judicial seizure of substantially all of
TENANT's assets located in or about the premises or of TENANT's interest in this Lease,
where such seizure is not discharged in thirty (30) days.
17. Remedies in_Default. In the event ofany such material default or
breach by TENANT, LANDLORD may at any time thereafter and v,,ithout notice or demand
and, without limiting LANDLORD in the exercise era right or remedy LANDLORD may
have by reason of such dehult or breach terminate TENAN?s right to possession of the
Premises by m'ty lawful means, in which case this Lease shall terminate and TENANT shall
immediately surrender possession of the Premises to LANDLORD. In such event,
LANDLORD shall be entitled to recover from TENANT all damages incurred by
LANDLORD by reason of TENANT's dchult inchtding, but not limited to, the cost of
recovering possession of the Premises. Unpaid sums shall bear interest from due date thereof
at the rate of eighteen percent (18%) per annum or at the maxin'turrt legal rate then in effect in
California, whichever is higher.
C~,RC\.L EASES\CN'I RI.PRK', 6,| g
N I'l "v' -- I 5 -- 9 ~ ~.~ E I) 12 : 2 9. ~'1 A R K Pl A tq .~; A R C Z h" N ~ K I P . 1 1 / 14
18. Assig~t~rtcnt attd Subletting, TENANT shall not assign, sublet or
transfer this Lease or any right hercunder to any other party or parties nor shall TENANT
sublet all or any portion of the Premise. s without first obtaining the v,~'itten conse" '~f
LANDLORD. Any assignrr~cnt or subletting o1' the Premises without such r ten
consent shall be void for all purposes and LANDLORD may, at its option, o, "orfeilure
of the saj'r~e in any manner provided by law. Consent to any other assignment, t~. or or
sublctting shall be at I,ANDLORD's sole discretion and LANDI.ORD is not require,d
hereunder to consent to m'~y such proposed assignment, transfer or subletting of the ]~rerniscs.
19. Altorn. cys' Fees. In the event that any action or proceeding is brought
by either party to enforce arty term or provision of this Lease, the prevailing party shall recover
its reasonable attorneys' l~es and costs incurred with respect thereto.
20. Fixtures. All trade fixtures and/or ten'~porary facilities irmtali:cd or on
the Premises by TENANT may be removed by TENANT at any time during the term of this
I,easc so long as the sin:he may be removed without pcrmar~ent damage to the Premises.
TI']NANT shall repair all damage v,'hich may result therefrom to the reasonable satisfaction of
I,ANDLORD.
21. lude~l~nificatiom TENANT agrees to defend, indcmnif)' and hold
LANDLORD and its elected officials, officers, agents and employees fi'ee and ham'dcss from
all claims for damage to persons or property by reason of TENANT's negligence or
'I'ENANT's acts or those of TENANT's employees, agents, guests or invitces in eotmection
with TENANT's use and occupancy of the Premises.
22, Insurance.
A. Commercial Ocneral Liability Insurance. 'fhroughout the term hereof..
at TENANT's sole cost and e. xpcnse, TENANT shall keep or cause to be kept in full force and
effect, for the mutual bernefit of TENANT, and LANDLORD as an additional insured,
commercial general liability insurance against claims and liability t~,'~r perserial injury, death, or
property damage arising fi'om the use, Occupancy, disuse, or condition of the Premises,
improvements, or adjoini~g areas or ways, providing protection of at least Two Millior~ Dollars
C'x. RC,,I .EASES,,CN'|'kI.I:'P,.K\ 6.18
l0
(,,.5
($2,000,000.00) per occurrence for bodily injury or death, and at least Five Hundred Thousand
Dollars ($500,000.00) for property damage. Ally policies containing an annual general
aggregate shall be subject to LANDLORD's prior approval.
B. Policy Form, Contents and Insurer. All insurance required by express
provision of this Lease shall be carried only in responsible insurance companies licensed to do
business in the Stale of CaliR'~mia with a current A.M. Best rating of no less than A:VII. All
such policies shall contain language to the effect that: (1) tile policies are prinIary ant
noncontributing xvith any insurance that may be carried by I,ANDLORD; (2) they cannot be
canceled or materially altered except after thirty (30) days' notice by the insurer to ..'
LANDI,ORD; (3) the CITY OF RANCHO CUCAMONGA and each of CITY's elected
officials, officers and employees are additional insureds; (,4) any failure by TENANT to
comply with reporting or other provisions oftlie policies inch~ding breaches of warranties shall
not aft~ct the required coverage; and (5) the required insurance applies separately to each
insured against whon'x claim is nr-ade or suit is brought, except with respect to the limits of lhc
insurcr's liability. TENANT shall furnish LANDI,ORD with copies of all certificates aud
cndorsemcnts evidencing the insurance. TENANT may efl;zct for its own account ally
insurance not required under this Lease.
C. Failure to Mai. ntair~ Insurance; Proof of C:on~plianc.c~. TENANT shall
deliver to I,ANDLORD, in the n~anner required for notices, copies of er~dorsemer~ts to all
insurance policies required by this Lease, xvithin the Ibllowing time limits: (1) l:or insurance
required at the comrnenccmcnt of this Lease, within ten (10) days after execution of this I,euse
and prior to TENANT's occupancy of the Premises; (2) l:or insurance becoming required at a
later date, at least ten (10) days before that requiren'~ent lakes efti:ct, or as soon thereafter as the
requirement, if new, takes cffect; (3) For any renewal or replacerner~t of a policy already in
existence, prior to expiration or other ten'nination of the existing policy.
23. Authorit)' of Parlies, Each individual executing this Lease on behal F of
each party represents an'd warrants that lie or she is fi~lly authorized to cxecute and deliver this
C~,RC~LEASES\CN'I'RI,vRK\ 6.1 g
1l
Lease on behalf of such party and that this Lease is binding upon such party in accorc ance.
with its terms.
24. Waiver. The waiver by I.ANDLORD ofany term, covenant or
conditiort herein contained shall not be deemed to be a waiver of such ten'n, coveham or
condition on m~y subsequent breach of the same or any other tcrrn, covenant or condition
herein contained.
25. ,.$.ig~.. TENANT shall not place any sign upon the Premises without
I,ANDLORD's prior written consent and approval' thereof.
26. SuccessQrs. Subject to the provisions of this Lease with respect to
assignment and subletting, each and all of the covenants and conditions of this Lease shall be
binding on and shall irmre to the bene lit of the successors of the respective parties.
27. Mollcos, Except where otherwise required hcreir~, any notice required or
permitted under the remus of this Lease shall be deemed served when pcrsor~ally sc~'ed on
TENANT or LANDLORD or when the same has been placed in the United States mail,
postage prepaid and addressed as Follows:
TENANT: J. Filippi Vintage Co., Inc.
12467 Baseline Road
Rancho Cucamonga, Calitim~ia 91739
Attention: Girno Filippi
I,ANDLORD: City ofRancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attention: City Mar~ager
COPY TO:
28. Entire Agreement.. This Lease contains the entire agrecmen:t between
the parties. No promise, representations, warranty, or covenant not included in this Lease has ,
been or is relied on by either party. Each party has relied on its own examination of'thi's l,ease,
the counsel ot'its owr~ advisors, and the warranties, representations, and covcnants i'.n the Lease
C~RC'M,EASES\CNIPd. PPJ<\ 6.18
12
itseli'. The Failure or refusal of either party to inspect the Premises or improvcmcnts, to read
the Lease or other documents or to obtain legal or other advice relevant to this transuction
constitutes a waiver of any objection, contention, or claim that might have been based on such
reading, inspection, or advice.
WHEREFORE, the parties hcrcto have entered into the Lease as of the date set
forth below opposite the name of each signatory hereto.
"TENANT"
J. FIMPPI CO., INC.
A Calit~rnia Corporation
Dated:
By: ......
Its:
"I.ANDLORD"
CITY OF RANCHO CUCAMONGA.
A Municipal Coq>oration
Dated:
Attcst:
By:
William J. Alexander, Mayor
Debra J. Adams, City Clerk
C'~RCXl,EA.S ES\CNTRLPRK\ 6.18
13
CITY OF RANCHO CUCA1VIONGA
STAFF REPORT
DATE:
December 6, 1995
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager,
FROM:
William J. O' Neil, City Engineer
BY:
Dale Catron, City Facilities Supervisor
SUBJECT:
APPROVAL TO AWARD AND AUTHORIZATION FOR EXECUTION OF
JANITORIAL SERVICE CONTRACTS FOR CITY FACILITIES TO
MERCHANTS BUILDING MAINTENANCE OF MONTEREY, CALIFORNIA, IN
THE AMOUNT OF $60,036.00, TO BE FUNDED FROM ACCOUNT NO. 01-4245-
6036 AND $9,317.00 TO BE FUNDED FROM ACCOUNT NO. 02-4532-6032.
RECOMMENDATION:
It is recommended that the City Council approve the award and authorize the execution of contracts for
Janitorial Services for City's Facilities to Merchants Building Maintenance of Monterey Park, California.
The contract is renewable annually starting July 1, 1997.
BACKGROUND/ANALYSIS:
Bids were solicited, received and opened on September 21, 1995 at 3:00 PM. Pursuant to bid opening, a
thorough analysis of references, staffing abilities, ability to comply with Contract specifications and value
to the City was conducted. Four responsive bidders were selected to continue the process through an oral
review board, three for all Facilities and the low bidder for the Library. Subsequent to the review process,
Social Vocational Services (the low bidder for the Library), rescinded their proposal.
Merchants was selected as the lowest responsive/responsible bidder for the Citywide facilities. Merchants,
as indicated by the Bid Summary, is the second to low bid, American Building Maintenance was the low
bid, but analysis showed that their overall capabilities were weaker than the competitors. Also American
Building Maintenance was terminated fi-om a previous City contract due to performance issues. Staff has
reviewed the bids and found them to be complete and in accordance with the bid requirements, a bid
summary is attached.
City Engineer
WJO:DC:dlw
~,,.Attachment
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0
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t"xl
0
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Cotmoil
Jack Lam, City Manager, AICP
Robert C. Dominguez, Administrative Services Director
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
TBE CONTRACT BETWEEN TBE BOARD OF ADMINISTRATION OF
TBE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND TBE CITY
COUNCIL OF THE CITY OF RANCBO CUCAMONGA
RECOMMENDATION
It is recommended that the City Council adopt the Resolution of Intention to approve an
amendment to the contract between the Board of Administration of the Public Employees'
Retirement System and the City Council of the City of Rancho Cucamonga.
BACKGROUND
The Board of Administration of the Public Employees' Retirement System and the City entered
into a contract effective January 28, 1978 and witnessed January 26, 1978, amended effective
September22, 1980, November 16, 1981 and September 26, 1988, which provides for
participation in the Public Employees' Retirement System (PERS).
The purpose of the attached Resolution of Intention is to amend the City's contract to provide 2%
@ 55 Full formula for local miscellaneous members, including an extension of the funding
period to the year 2016. The "Exhibit" attached to the Resolution of Intention discloses the exact
verbiage of the amendments to the contract and explains specifically what paragraphs are
affected; the "Exhibit" also clarifies the level of 1959 Survivor Benefits provided in the contract.
City Council Meeting of 12/6/95
Staff Report Re: Amendment to PERS Contract-2% @ 55
Page 2
Government Code Section 7507 requires that the future annual costs of the proposed contract
amendment be made public at a public meeting at least two weeks prior to the adoption of the
final Resolution; therefore, the attached Resolution of Intention to approve this amendment is
before the Board this evening for approval. A Resolution requesting approval of the amendment
to the contract will be agendized for the January 3, 1995 City Council meeting.
Respectfully submitted,
~be~~o~inguez
Administrative Services Director
RCD:pag
Attachments
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN TIlE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF RANCHO CUCAMONGA
WHEREAS,
the Public Employees' Retirement Law permits the participation of public agencies and their
employees in the Public Employees' Retirement System by the execution of a contract, and
sets forth the procedure by which said public agencies may elect to subject themselves and
their employees to amendments to said Law; and
WHEREAS,
one of the steps in the procedures to amend this contract is the adoption by the governing
body of the public agency of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a summary of the change
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide 2% @ 55 Full formula for local miscellaneous members,
including an extension of the funding period to the year 2016.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give
notice of intention to approve an amendment to the contract between said public agency and
the Board of Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.
By
Presiding Officer
Title
Date adopted and approved
(Amendment)
CON-302 (Rev. 8/94)
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF RANCHO CUCAMONGA
EXHIBIT
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective January 28, 1978, and witnessed January 26, 1978, and as amended effective
September 22, 1980, November 16, 1981 and September 26, 1988, which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs 1 through 10 are hereby stricken from said contract as executed effective September
26, 1988, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive:
All words and terms used herein which are defined in the Public Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
"Normal retirement age" shall mean age 55 for local miscellaneous members.
,
Public Agency shall participate in the Public Employees' Retirement System from and
after January 28, 1978 making its employees as hereinafter provided, members of said
System subject to all provisions of the Public Employees' Retirement Law except such
as apply only on election of a contracting agency and are not provided for herein and to
all amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as are excluded by law or this
agreement:
a,
Employees other than local safety members (herein referred to as local
miscellaneous members).
,
In addition to the classes of employees excluded from membership by said Retirement
Law, the following classes of employees shall not become members of said Retirement
System:
a. SAFETY EMPLOYEES.
The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21251.132 of said Retirement Law (2% at age 55 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
,
,
Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20024.2 (One-Year Final Compensation).
b. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976.
Sections 21022/21022.1 (Industrial Disability Retirement For Local
Miscellaneous Members),
d. Section 21298 (Improved Non-Industrial Disability Allowance).
Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6
(commencing with Section 21380).
fo
Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution
Rate). From September 22, 1980 and until November 15, 1981, the normal local
miscellaneous member contribution rate shall be 0 %. Legislation repealed said
Section effective September 29, 1980.
g. Section 20614, Statutes of 1980, (To Prospectively Revoke Section 20614,
Statutes of 1978).
Public Agency, in accordance with Government Code Section 20759, shall not be
considered an "employer" for purposes of the Public Employees' Retirement Law.
Contributions of the Public Agency shall be fixed and determined as provided in
Government Code Section 20759, and such contributions hereafter made shall be held by
the Board as provided in Government Code Section 20759.
Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members of said Retirement System.
Public Agency shall also contribute to said Retirement System as follows:
Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 of said
Retirement Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous members.
A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract to cover the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
10.
Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendments to the Public Employees' Retirement Law, and on
account of the experience under the Retirement System as determined by the periodic
investigation and valuation required by said Retirement Law.
11.
Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to which
said contributions refer or as may be prescribed by Board regulation. If more or less
than the correct amount of contributions is paid for any period, proper adjustment shall
be made in connection with subsequent remittances. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
This amendment shall be effective on the
day of ,19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF ACTUAR~/O
ACTUARIAL OFFIC~c~
PUBLIC EMPLOYEES' ~t~I~I~MENT SYSTEM
CITY COUNCIL
OF THE
CITY OF RAN~2 CUCAMONGA
BY
Presiding Officer ,,~)
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 3/95)
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Brad Butler, City Planner
Scott Murphy, AICP, Associate Planner
RELEASE OF IMPROVEMENT AGREEMENT WITH LIEN RIGHTS IN
LIEU OF COMPLETION BOND FOR ON-SITE GRADING AND
DRAINAGE FACILITIES FOR FOOTHILL MARKETPLACE PARTNERS,
LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD
BETWEEN INTERSTATE 15 AND ETIWANDA AVENUE.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution releasing the Improvement
Agreements with Lien Rights in Lieu of Completion Bond, authorizing the Mayor to sign the release,
and the City Clerk to cause the release to record.
BACKGROUND
On May 6, 1992, and March 17, 1994, the City Council approved the Improvement Agreement with
Lien Rights in Lieu of Completion Bond as security for on-site grading and drainage improvements
required with the grading of the Foothill Marketplace center. These improvements have since been
completed and accepted by the City. Therefore, the security for those improvements is no longer
needed. This release does not include other improvement agreements required by the Engineering
Division for off-site/street improvements.
fB~$~e~ e~
City Planner
BB:SM:mlg
Attachments:
Exhibit "A" - Letter from Applicant
Exhibit "B" - Notice of Release of Liens
Resolution of Approval
j
THE WATTSON GROUP, INC.
3600 BIRCH STREET', SUITE 250
NEW'PORT BEACH, CA 92660
(7 I 4) 757-7776
FAX: (7 I 4) 757-7788
RECEIVED
NOV 2 0 1995
City oi Rancho Cucamonga
Planning Division
November 16, 1995
Mr. Scott Murphy
Associate Planner
P.O. Box 807
Rancho Cucamonga, CA
Mr. Murphy:
Foothill Marketplace Partners is requesting from the City of Rancho Cucamonga a release on two liens placed
on the Foothill Marketplace in 1992 and 1994 for grading work that has since been completed. The recorded
instrument ntmabers for these liens are as follows:
Instrument No. 92-230762, Recorded June 2, 1992
Instrument No.94-176321, Recorded April 14, 1994
If you have any questions regarding this request please contact me at (714) 757-7776.
Sincerely,
Lease Administrator
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City Clerk
City ofRancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
NOTICE OF RELEASE OF LIEN
Let notice be given that the City ofRancho Cucamonga hereby release its lien which it had
caused to be recorded on the land hereinafier more fully described, said lien having been placed thereon by
the recording of a contract between the City of Rancho Cucamonga and parties being released Foothill
Marketplace Partners dated May 6, 1992, and recorded June 2, 1992, as Document No. 92230762 Recorded
in Official Records, San Bernardino County, State of California.
The description of the land is as follows:
Lots 3 through 8, 11 and 13 through 15 as shown on Parcel Map 13724,
recorded February 4, 1992, in the County of San Bernardino, Pages 100-107, in
Book 164 of Parcel Maps, in the Office of the County Recorder of Said County
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
a municipal corporation
BY:
William J. Alexander, Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
SS
On ,19 , before me, JAN SUTTON, DEPUTY CITY CLERK of the City of Rancho
Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS MY HAND and official seal.
Jan Sutton
Deputy City Clerk
City ofRancho Cucamonga
RECORDING REQUESTED BY
AND
WHEN RECORDED MAIL TO:
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
NOTICE OF RELEASE OF LIEN
Let notice be given that the City ofRancho Cucamonga hereby release its lien which it had
caused to be recorded on the land hereinafter more fully described, said lien having been placed thereon by
the recording of a contract between the City of Rancho Cucamonga and parties being released Foothill
Marketplace Partners dated March 17, 1994, and recorded April 14, 1994, as Document No. 94176321
Recorded in Official Records, San Bernardino County, State of California.
The description of the land is as follows:
Lots 3 through 8, 11 and 13 through 15 as shown on Parcel Map 13724,
recorded February 4, 1992, in the County of San Bernardino, Pages 100-107, in
Book 164 of Parcel Maps, in the Office of the County Recorder of Said County
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
a municipal corporation
BY:
William J. Alexander, Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
SS
On ,19 , before me, JAN SUTTON, DEPUTY CITY CLERK of the City of Rancho
Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.
WITNESS MY HAND and official seal.
Jan Sutton
Deputy City Clerk
City ofRancho Cucamonga
RESOLUTION NO. q--~'/~7 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL
PROPERTY IMPROVEMENT CONTRACT AND LIEN
AGREEMENT FROM FOOTHILL MARKETPLACE PARTNERS
WHEREAS, the City Council of the City ofRancho Cucamonga adopted Resolution No. 92-
134 and 94-044 accepting an Improvement Agreements with Lien Rights in Lieu of Completion Bond
as security with respect to completion of certain on-site grading and drainage improvements from
Foothill Marketplace Partners; and
WHEREAS, said Improvement Agreement with Lien Rights in Lieu of Completion Bond was
recorded in Official Records of San Bernardino County, California, on June 2, 1992, and April 14,
1994, as Document Nos. 92230762 and 94176321, respectively; and
WHEREAS, said Improvement Agreement with Lien Rights in Lieu of Completion Bond is
no longer required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho
Cucamonga does hereby release said Improvement Agreement with Lien Rights in Lieu of
Completion Bond and that the City Clerk shall cause Release of Lien to be recorded in the office of
the County Recorder of San Bernardino County, California.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
William J. O'Neil, City Engineer
Linda R. Beek, Junior Engineer
RELEASE FAITHFUL PERFORMANCE BOND NO. 9409917, AND ACCEPT A
REDUCED FAITHFUL PERFORMANCE BOND FOR TRACT 13703, LOCATED ON
THE WEST SIDE OF HAVEN AVENUE, NORTH OF BANYAN
RECOlVI1HENDATION:
The required improvements for Tract 13703 are 99% complete. It is recommended that the City Council
release the existing Faithful Performance Bond in the amount of $1,433,400.00, and authorize the City Clerk
to accept a Faithful Performance Bond in the amount of $143,340.00.
BACKGROUND/ANALYSIS:
As a condition of approval of completion of Tract 13703, located on the west side of Haven Avenue, north
of Banyan, the applicant was required to complete the street improvements for the tract. That applicant has
finished all improvements accept the sidewalk and drive approaches in front of the sales office and models.
The applicant has submitted a reduced Faithful Performance Bond to guarantee the construction of the
remaining improvements. Therefore, it is recommended that City Council release and accept the existing
Faithful Performance Bonds as follows.
DEVELOPER:
Sheffield-Alta Loma 55, Ltd.
3400 Central Avenue, Suite 325
Riverside, CA 92506
Accept:
Faithful Performance Bond
$143,340.00
Release:
Faithful Performance Bond No. 9409917
$1,433,400.00
Respectfully Submitted,
William J. O'Neil
City Engineer
WJO:LRB:sd
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
December 6, 1995
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
Brad Buller, City Planner
BY:
Scott Murphy, AICP, Associate Planner
SUBJECT:
CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND
DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS
- A Development Agreement between the City of Rancho Cucamonga and
Prairie Pacific Investments for the purpose of providing a senior housing
project in accordance with the Senior Housing Overlay District (SHOD),
including deviating from certain development standards, for 158 apartment
units located on the south side of Base Line Road, west of Archibald Avenue
- APN: 208-031-75.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Development Agreement
through adoption of the attached Ordinance and issue a Negative Declaration for the application.
ANALYSIS
Over the past 3 months staff has been working with the applicant on the proposed 158-unit senior
apartment project on property currently owned by the Redevelopment Agency. On November 8,
1995, the Planning Commission approved the Development Review application for the project. In
conjunction with the Development Review Application, the applicant submitted a Development
Agreement application request for the project. The Development Code allows certain development
incentives for a developer proposing a project to be limited to seniors. These incentives reflect the
different needs and requirements of senior housing from traditional multi-family development
including, but not limited to, reduction in parking, a density bonus, and fee waivers. The extent of
incentives allowed is predicated on the long term availability and affordability of the units for
seniors.
CITY COUNCIL STAFF REPORT
DA 95-01 - PRAIRIE PACIFIC INVESTMENTS
December 6, 1995
Page 2
In addition to the incentives identified above, the applicant is requesting deviations/variances from
the Development Code requirements. A complete description of the incentives and deal points of
the Development Agreement are contained in the attached copies of the Planning Commission staff
reports. Because of the 100 percent affordability of the project proposed by the applicant and the
30-year term of the agreement, the Planning Commission determined that the incentives requested
by the applicant are appropriate for the project.
ENVIRONMENTAL ASSESSMENT
Staff has conducted an environmental assessment of the proposed Development Agreement and
determined that the agreement will not have a significant impact on the environment. Staff
recommends the City Council issue a Negative Declaration for the project.
City Planner
BB:SM:mlg
Attachments:
Exhibit "A" - Planning Commission Staff Report dated November 8, 1995
Exhibit "B" - Planning Commission Staff Report dated October 25, 1995
Exhibit "C" - Planning Commission Resolution No. 95-53
Ordinance Approving Development Agreement 95-01
F
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
November 8, 1995
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, AICP, Associate Planner
DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A
Development Agreement between the City of Rancho Cucamonga and Prairie
Pacific Investments for the purpose of providing a senior housing project in
accordance with the Senior Housing Overlay District (SHOD), including deviating
from certain development standards, for 158 apartment units located on the south
side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated
with the application is Development Review 95-22.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22
PRAIRIE PACIFIC INVESTMENTS -A request to construct a 158-unit, three story
senior apartment project in the High Density Residential designation (24-30 dwelling
units per acre) with a Senior Housing Overlay District (SHOD), located on the south
side of Base Line Road, west of Archibald Avenue - APN: 208-031-75.
BACKGROUND: On October 25, 1995, the Planning Commission considered the Development
Agreement and Development Review applications. At that time, however, the Development
Agreement had not been submitted to the Planning Commission for their consideration. As a
result, the Commission opened the hearing to receive testimony with the intent of continuing the
application for two weeks. The Planning Commission acknowledged that the project architect
would not be available in two weeks and asked that any design issues be raised at this time to
allow the architect the opportunity to respond or address the comments prior to the next meeting.
Testimony was received from several of the residents to the west of the project. The primary
concern centered on their desire to have a block wall provided between the project and their lots.
Because of the grade differential between the properties, the residents felt that the wall should be
6 feet high from their pad elevation and not from the property line elevation. The residents noted
that the rear of their properties slope towards the project and they would like the opportunity to
back-fill their lots to provide a flat pad. This could be accomplished if the perimeter wall was
designed as a combination retaining/free-standing wall. The Commission directed staff to work with
the applicant to analyze the grade differential and to identify the height of wall necessary to meet
the neighbors' request.
j
PLANNING COMMISSION STAFF REPORT
DA 95-01 & DR 95-22 - PRAIRIE PACIFIC INV.
November 8, 1995
Page 2
ANALYSIS:
Development Review: Staff and the project engineer have reviewed the grade separation
issues between the site and the residences to the west. The majority of pads are within 2
feet of the grade proposed at the property line. The wall in these areas can be designed with
a 2-foot retaining wall on top of a 6-foot garden wall. The area of concern, however, is the
north end of the site. As the site approaches Base Line Road, the grade differential between
pads increases up to 6 feet. To provide the wall requested by the residents, a 6-foot garden
wall will be placed on top of a 6-foot retaining wall. To mitigate the impact of the 12-foot wall,
the applicant and staff are recommending a 3-foot retaining wall in front of the perimeter wall.
This will. give the appearance of a 9-foot perimeter wall and provide ample room for
landscaping adjacent to the perimeter wall. Unfortunately, to provide landscape area, the
retaining wall will be located immediately adjacent to the parking stalls. Locating the wall a
few feet in from the stalls will provide two areas of insufficient size to allow adequate
landscaping. A condition of approval has been provided requiring a decorative treatment for
the retaining wall.
Development Agreement: In reviewing the Development Agreement, the key consideration
for the Commission is whether the incentives requested by the applicant are appropriate for
the development proposed. As identified at the October 25, 1995, meeting, the applicant is
proposing a 100 percent affordable project. The rents for a minimum 40 percent of the units
(including minimum 10 percent of the two-bedroom units) will be set aside for those seniors
with incomes up to 50 percent of the County median income level. The remaining units will
be available for seniors making up to 80 percent of the County median income level. In
exchange for maintaining the affordability, the applicant is requesting the following deviations
from the Development Code:
The maximum density on the site shall be increased from 30 to 32.6 dwelling units per
acre; and
The maximum number of required parking off-street parking spaces shall be lowered
to one parking spaces per unit; and
The maximum building height within 100 feet of single family residential shall be
increased from single story to 38 feet; and
The minimum private open space requirement for ground floor units shall be reduced
from 150 square feet to 100 square feet; and
The minimum private open space requirement for second and third floor units shall be
reduced from 100 square feet to 95 square feet; and
The minimum number of washer/dryer facilities shall be reduced from one washer/dryer
for every five units to one washer/dryer for every 14 units; and
The minimum building setback from the drive aisle shall be reduced from 20 feet to 9
feet; and
PLANNING COMMISSION STAFF REPORT
DA 95-01 & DR 95-22 - PRAIRIE PACIFIC INV.
November 8, 1995
Page 3
8. Recreational amenities may be duplicated in order to fulfill the total number of
recreational amenities required for the project; and
The maximum wall height (combination of retaining and garden wall) shall be increased
from 6 feet to 9 feet.
Because the applicant is proposing a 100 percent affordable project, staff believes the development
incentives/Code variations are appropriate for the project.
RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of
Development Agreement 95-01 to the City Council, approve Development Review 95-22, and issue
a Negative Declaration for the project.
Attachments:
Exhibit "A" - Staff Report dated October 25, 1995
Resolution Recommending Approval of Development Agreement 95-01
Resolution of Approval for Development Review 95-22
CITY OF RANCHO CUCAMONGA --
STAFF RF, PORT
DATE:
TO:
FROM:
BY:
SUBJECT:
October 25, 1995
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, AICP, Associate Planner
DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A
Development Agreement between the City of Rancho Cucamonga and Prairie
Pacific Investments for the purpose of providing a senior housing project in
accordance with the Senior Housing Overlay District (SHOD), including deviating
from certain development standards, for 158 apartment units located on the south
side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated
with the application is Development Review 95-22.
ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22
PRAIRIE PACIFIC INVESTMENTS - A request to construct a 158-unit, three story
senior apartment project in the High Density Residential designation (24-30 dwelling
units per acre) with a Senior Housing Overlay District (SHOD), located on the south
side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated
with the application is Development Agreement 95-01.
PROJECT AND SITE DESCRIPTION:
A. Project Density: 32.6 dwelling units per acre.
Surrounding Land Use and Zoning:
North Shopping center; Neighborhood Commercial
South Single family residential; Low Residential (2-4 dwelling units per acre)
East Shopping center; Neighborhood Commercial
West Single family residential; Low Residential (2-4 dwelling units per acre)
General Plan Designations:
Project Site - High Residential (24-30 dwelling units per acre)
North Neighborhood Commercial
South - Low Residential (2-4 dwelling units per acre)
East Neighborhood Commercial
West Low Residential (2-4 dwelling units per acre)
Site Characteristics: Two building pads have been rough graded in the central portion of the
site. Street improvements were installed by the City as part of the Base Line Road widening
project several years ago. The site drops roughly 8 feet from Base Line Road to the first
PLANNING COMMISSION STAFF REPORT
DA 95-01 & DR 95-22 - PRAIRIE PACIFIC
October 25, 1995
Page 2
building pad. The entire site falls approximately 20 feet from Base Line Road to the south
property boundary. The grades along the west property line are within a couple feet of the
existing grades for the single family residences.
E. Parking Calculations:
Number of Number of
Type Number of Parking Spaces Spaces
.of Use Units Ratio Required Provided
Senior Apartments
158 0.7 spaces/unit 111 158
ANALYSIS:
Background: In 1988, the City approved a General Plan Amendment and Development
District Amendment to change the designation on the site from Low Residential to High
Residential, Senior Housing Overlay District. In conjunction with the application, the City also
approved a Development Review application and a Development Agreement for a 177-unit
senior apartment project. The three-story project was designed as two "U-shaped" buildings
around a central courtyard area. Parking for the project was provided around the perimeter
of the site. Access to the site was available from Base Line Road. Emergency access was
provided by a gate along the west side of the Rancho Cucamonga Library site.
General: The applicant is proposing a senior apartment project similar to the project
previously approved by the City. The north and south buildings will be three stories and
designed in a "U" shape around common recreational amenities. There will be a two-story
recreation building on the west side of the site separating the three-story structures. Parking
is provided around the perimeter of the site. The number of dwelling units has been reduced
from 177 to the current proposal of 158 rental units plus a caretakers unit. The one and two
bedroom units will be 533 and 839 square feet in area, respectively.
Development Agreement: In conjunction with the application, the applicant has submitted an
application for a Development Agreement. A Development Agreement is a requirement of
any Senior Housing project in order to lock in the rental rates, tenant qualification criteria, and
the term of the affordability. The Development Agreement also affirms the density bonus
allowed for the affordable housing and the reduced parking ratio (0.7 parking spaces per unit)
allowed by the Senior Housing Overlay District. In addition, the applicant is also requesting
a Development Agreement to address deviations from the Development Code requirements.
Under normal circumstances, these deviations would be processed as Variance applications.
The Development Agreement, however, allows the City and the developer to enter into a
contract to allow the deviations from the Code as an incentive to foster affordable housing.
State law requires that the units remain affordable for at least 30 years.
Under State law, Development Agreements must be approved by the City Council. Because
of the Code deviations requested by the applicant, staff felt the Planning Commission should
consider these requests and forward comments, where applicable, to the City Council for their
consideration. The deviations include the following:
PLANNING COMMISSION STAFF REPORT
DA 95-01 & DR 95-22 - PRAIRIE PACIFIC
October 25, 1995
Page 3
Eo
The maximum building height within 100 feet of single family residential shall be limited
to single story. The applicant is proposing an 81-foot setback to the three-story
structure.
Private open space shall be provided at a rate of 150 square feet for ground floor units
and 100 square feet for the second and third floor units. The applicant is proposing
patios/balconies as small as 100 square feet for the ground floor units and 95 square
feet for upper units.
The minimum one-bedroom unit size is 650 square feet. The applicant is proposing a
533 square foot one-bedroom unit with the application.
Laundry facilities shall be provided at a rate of one washer and dryer for every 5 units.
The applicant is proposing one washer and dryer for every 14 units.
Projects consisting of 101 to 200 dwelling units shall provide five different recreational
amenities.' The applicant is proposing five amenities but some are duplications.
The minimum building setback from the drive aisle is 20 feet. In some locations, the
proposed setback is 9 feet.
The ratio of parking spaces required is 1.5 spaces per 1 bedroom unit and 1.8 spaces
per 2 bedroom unit. The applicant is proposing 0.7 spaces per unit consistent with all
other SHOD projects.
Staff has reviewed the items requested by the applicant. Many of these items are consistent
with the previous senior apartment project's approval for the site. The other issues, including
the washer/dryer ratio, number of recreational amenities, and building setback from the drive
aisle, are a result of the multi-family standards adopted by the City in 1991. Again, these
items are consistent with the previous application and are not viewed as significant.
Design Review Committee: The Design Review Committee (Melcher, Fong) reviewed the
application on September 19, 1995, and recommended approval of the application as
submitted by the applicant·
Neighborhood Meeting: In anticipation of the Development Review process, the applicant
already conducted a neighborhood meeting to enlist concerns from the adjacent property
owners. On August 29, 1995, several of the property owners artended the meeting· The
main concerns of the attendees were as follows:
The previous developer of the site removed the rear wall of the neighboring properties,
leaving the homes exposed to the subject site. The owners were very concerned about
the safety of their homes and requested assurances from the developer that the
perimeter wall would be constructed prior to construction of the buildings. The applicant
indicated that the wall would be the first thing constructed if the project went forward.
PLANNING COMMISSION STAFF REPORT
DA 95-01 & DR 95-22 - PRAIRIE PACIFIC
October 25, 1995
Page 4
The residents did not want trash enclosures located adjacent to their lots. They were
concerned about the smell, flies, etc. emanating from the enclosures being so close to
their property. The applicant has not relocated the enclosures.
Tall evergreen trees should be provided along the west property line to provide
buffering and privacy for the single family homes. This is a condition of approval.
Initially, a few of the homeowners expressed concern about the impact three-story
structures would have on their privacy and views. By the end of the meeting, the height
of the structures did not seem to be a major issue. The wall construction and landscape
installation seemed to address most of the concern.
Environmental Assessment: Staff has reviewed the application and determined that the
project will not have a significant impact on the environment. Senior apartments generate
fewer vehicle trips than conventional residential development. Also, the close proximity to
shopping opportunities will further reduce any traffic impacts.
RECOMMENDATION: Staff recommends that the Planning Commission forward any comments
regarding the Development Agreement to the City Council, approve Development Review 95-22
through adoption of the attached Resolution, and issue a Negative Declaration for the project.
Respe(
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City Planner
BB:SM/jfs
Attachments:
Exhibit "A" - Site Utilization Map
Exhibit "B" - Site Plan
Exhibit "C" - Conceptual Landscape Plan
Exhibit "D" - Conceptual Grading Plan
Exhibit "E" - Building Elevations
Exhibit "F" - Illustrative Site Section
Exhibit "G" - Floor Plans
Draft Development Agreement (to be provided under separate cover)
Resolution of Approval
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RESOLUTION NO. 95-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF
AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO
ENTER INTO DEVELOPMENT AGREEMENT NO. 95-01, FOR THE
CONSTRUCTION OF 158 SENIOR APARTMENTS IN THE HIGH DENSITY
RESIDENTIAL DESIGNATION (24-30 DWELLING UNITS PER ACRE) WITH
A SENIOR HOUSING OVERLAY DISTRICT (SHOD), LOCATED ON THE
SOUTH SIDE OF BASELINE ROAD, WEST OF ARCHIBALD AVENUE, AS
PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT
CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 208-031-75.
A. Recitals.
1. Praide Pacific Investments, Inc., has filed an application for Development Agreement No.
95-01, as described in the title of this Resolution. Hereina~er in this Resolution, the subject
Development Agreement is referred to as "the application."
2. On the 8th day of November 1995, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
3. The subject properly of the Development Agreement is legally described herein.
4. A true and correct copy of the proposed Development Agreement is attached as
Exhibit "1" to this Resolution.
5. The Planning Commission has reviewed and considered the associated Environmental
Assessment prepared for said project.
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 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,
Pad A, of this Resolution are true and correct.
2. This Commission hereby specifically finds that the Development Agreement and each
and even/term and provision contained therein conforms to the General Plan of the City of Rancho
Cucamonga.
3. Based upon the facts and information contained in the proposed 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 Negative Declaration based upon the
findings as follows:
PLANNING COMMISSION RESOLUTION NO. 95-53
DA 95-01 - PRAIRIE PACIFIC INVESTMENTS, INC.
November 8, 1995
Page 2
a. That the 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 Negative Declaration and the Initial Study prepared therefore reflect the
independent judgment of the Planning Commission; and, furlher, this Commission has reviewed and
considered the information contained in said Negative Declaration with regard to the application.
b. That, based upon the changes and alterations which have been incorporated into
the proposed project, no significant adverse environmental effects will occur.
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 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. Furlher, based upon substantial evidence contained in the Negative Declaration, the staff
repods 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 fodh in
Section 753.5(c-l-d) of Title 14 of the California Code of Regulations.
4. This Commission hereby recommends approval of the Development Agreement attached
hereto as Exhibit "A."
5. The Secretary to this Commission shall cedify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995.
PLANNING ION OF TH Y OF RANCHO CUCAMONGA
)
BY:
E. Day Bar~er,"Chairman
A'I'FEST:
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
cedify 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 8th day of November 1995, by the following vote-to-wit:
AYES:
COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER
NOES:
COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLSTOY
ORDINANCE NO. ~ ,,.~/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA CALIFORNIA APPROVING DEVELOPMENT
AGREEMENT NO. 95-01, A DEVELOPMENTAGREEMENT BETWEEN
THE CITY OF RANCHO CUCAMONGA AND PRAIRIE PACIFIC
INVESTMENTS FOR THE PURPOSE OF PROVIDING A SENIOR
HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR
HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING
FROM CERTAIN DEVELOPMENT STANDARDS, FOR 158
APARTMENT UNITS LOCATED ON THE SOUTH SIDE OF BASE LINE
ROAD, WEST OF ARCHIBALD AVENUE - APN: 208-031-75.
A. Recitals.
follows:
California Government Code Section 65864 now provides, in pertinent part, as
"The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in
a waste of resources, escalate the cost of housing and other developments to the consumer, and
discourage investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of
the project, the applicant may proceed with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval, will strengthen the public planning process,
encourage private participation in comprehensive planning, and reduce the economic costs of
development."
(ii) California Government Code Section 65865 provides, in pertinent part, as follows:
"Any city... may enter into a Development Agreement with any person having a
legal or equitable interest in real property for the development of such property as provided in this
article..."
(iii) California Government Code Section 65865.2 provides, in part, as follows:
"A Development Agreement shall specify the duration of the Agreement, the
permitted uses of the property, the density of intensity of use, the maximum height and size of
proposed buildings, and provisions for reservation or dedication of land for public purposes. The
'Development Agreement may include conditions, terms, restrictions, and requirements for
subsequent discretionary actions, provided that such conditions, terms, restrictions, and
requirements for discretionary actions shall not prevent development of the land for the uses and
to the density of intensity of development set forth in the Agreement ..."
(iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this
reference, is proposed Development Agreement 95-01, concerning that property located on the
south side of Base Line Road, west of Archibald Avenue, and as legally described in the attached
Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached
hereto as Exhibit "A" is referred to as the "Development Agreement."
CITY COUNCIL ORDINANCE NO.
DR 95-01 - PRAIRIE PACIFIC INVESTMENTS
December 6, 1995
Page 2
(v) On November 8, 1995, the Planning Commission of the City of Rancho Cucamonga
held a duly noticed public hearing concerning the Development Agreement and concluded said
hearing on that date and recommended approval through adoption of its Resolution 95-53.
(vi) On December 6, 1995, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the Development Agreement.
(vii) All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find,
determine, and ordain as follows:
SECTION 1: This Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Final
Environmental Impact Repod for Specific Plan 94-01 and the Development Agreement, and
certified the Report, including adoption of a Statement of Overriding Considerations, in compliance
with the California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder.
SECTION 3: Based upon substantial evidence presented during the above-referenced
public hearings on November 8 and December 6, 1995, including written and oral staff reports,
together with public testimony, this Council hereby specifically finds as follows:
(a) The location, design, and proposed uses set forth in this Development
Agreement are compatible with the character of existing development in the vicinity.
(b) The Development Agreement conforms to the General Plan of the City of
Rancho Cucamonga.
SECTION 4: It is expressly found that the public necessity, general welfare, and good
zoning practice require the approval of the Development Agreement.
SECTION 5: This Council hereby approves Development Agreement 95-01, attached
hereto as Exhibit "A."
SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published with 15 days after its passage at least once in the Inland Valley Daily Bulletin, a
newspaper of general circulation published in the City of Ontario, California, and circulated in the
City of Rancho Cucamonga, California.
DEVELOPMENT AGREEMENT NO. 95-01
SENIOR CITIZENS' HOUSING
THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and
between PACIFICA COMMUNITY ASSOCIATES, a California Limited Partnership
("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized
and existing under the laws of the State of California ("City").
WITNESSETH:
A. Recitals.
(i) Califomia Government Code Sections 65864 et seq. authorizes cities to enter
into binding development agreements with persons having legal or equitable interests in real
property for the development of such property.
(ii) California Government Code Section 65915 provides that a city may, by
agreement with a developer, grant a density bonus over that allowed by the maximum density
established in the development code and land use element of the general plan when a developer
agrees to construct housing for low income senior households.
(iii) Developer has requested City to consider the approval of a development
agreement, with a density bonus, pertaining to that real property located entirely within City, the
common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated
herein by this reference and hereinafier is referred to as "the Site."
(iv,) The Site is now zoned High Residential with a Senior Housing Overlay
District pursuant to the provisions of City's Development Code, as amended to date hereof.
Developer and City desire to provide through this Development Agreement more specific
development controls on the Site which will provide for maximum efficient utilization of the Site
in accordance with sound planning principles.
(v) The Developer proposes to construct a senior housing residential project,
including low income units, within the City. Said project contemplated by Developer will require
an increase in the maximum density as currently provided in the Senior Housing Overlay District.
(vi) It is the desire of City to encourage developments designed to provide
affordable rental units for senior residents of the City. In furtherance of that desire, the City is
hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement.
(vii) On ,1995, City adopted its Ordinance No. ,
thereby approving this Development Agreement with Developer and said action was effective on
,1995.
B. Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context otherwise requires, the following terms
shall have the following meaning:
a. "City" is the City ofRancho Cucamonga,
"Project" is the development approved by City comprised of one hundred fifty-eight
(158) apartment units, recreational and common area facilities, one hundred fifty-
eight (158) parking spaces and other amenities on the Site, all as set forth more fully
in the site plan for Development Review 95-22 submitted by Developer and approved
by City, a copy of which is attached hereto, marked as Exhibit "B" and is
incorporated herein by this reference. The site plan attached as Exhibit "B" includes
various conditions of approval which are not changed, altered or modified by this
Development Agreement unless specifically set forth herein. The project also
includes the records of the applications by Developer and the proceedings before the
Planning Commission and City Council of City on file with the City and all such
records and files in these matters are incorporated herein by this reference as though
set forth in full.
"Qualified Project Period" means the first day on which the residential units in the
development are first available for occupancy by Qualified Tenants and continuing
for thirty (30) years, except that the limitation that all tenants, occupants and
residents be Qualified Tenants shall continue in perpetuity.
"Qualified Tenants" shall mean persons or households who are at least fifty-five (55)
years or older and are senior citizens as defined in Section 51.3 of the California
Civil Code as said sections are written as of the effective date of this Agreement.
(i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who
possess an income equal to or less than the amounts as specified in California Health
and Safety Code Section 50105, as amended.
(ii) "Ninety Percent Income Qualified Tenants" means a household whose annual
income does not exceed ninety percent (90%) of the Area Median Income.
(iii) "Area Median Income" as may be used in determining income status or rent
rate herein, shall mean that determined median by the County of San Bernardino or,
/c,7
if discontinued, as set forth in California Health and Safety Code Section 50093, as
amended.
e,
"Affordable Rents" shall mean the total charges for rent, utilities, and related services
to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent
(30%) of Very Low Income, adjusted for household size. The total charges for rent,
utilities, and related services to a Ninety Percent Income Qualified Tenant shall not
exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of the Area
Median Income, adjusted for household size. Initial rents for each unit shall be set
by the Developer at the time of initial occupancy of the Development. Rents may be
adjusted annually by the same percentage that income has increased, if any, for a
Very Low Income Qualified Tenant or a Ninety Percent Income Qualified Tenant,
based on changes in the Area Median Income. At least sixty (60) calendar days prior
to increasing rents on any unit restricted by this Agreement, the Developer shall
submit to the City for its approval the Developer's calculation of such increase.
Tenants occupying units restricted by this Agreement shall be given at least thirty
(30) days written notice prior to any rent increase.
"Effective Date" shall mean the 31st calendar day following adoption of the
ordinance approving this Agreement by City's City Council.
2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and
enforceable as any other provision of this Agreement.
3. Interest of Property Owner. Developer warrants and represents that it has entered into an
escrow or an agreement by which it is to acquire full legal title to the real property of the Site and
that it has full legal fight to enter into this Agreement.
4
4. Binding Effect of Agreement. The Developer hereby subjects the development and the land
described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this
Agreement. The City and the Developer hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Developer's successors and assigns in title or interest to the
Development. Each and every contract, deed or other instrument hereinafter executed, covering or
conveying the development or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such
contract, deed or other instrument.
City and Developer hereby declare their understanding and intent that the burden of
the covenants, reservations and restrictions set forth herein touch and concern the land in that the
Developer's legal interest in the development is rendered less valuable thereby. The City and
Developer hereby further declare their understanding and intent that the benefit of such covenants
touch and concem the land by enhancing and increasing the enjoyment and use of the Development
by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and
by furthefing the public purposes for which this Agreement is adopted. Further, the parties hereto
agree that such covenants, reservations and restrictions benefit all other real property located in the
City of Rancho Cucamonga.
5. Relationship of Parties. It is understood that the contractual relationship between City and
Developer is such that Developer is an independent party and is not the agent of City for any purpose
whatsoever and shall not be considered to be the agent of City for any purpose whatsoever.
6. Term of Agreement. The term of the Agreement shall commence on the effective date and
shall expire thirty (30) years after the commencement of the Qualified Project Period, so long as
Developer remains in material compliance with this Agreement, as from time to time amended.
This Agreement shall be deemed to be terminated automatically if Developer does not obtain a
Certificate of Occupancy for the entirety of the Project within three (3) years of the effective date.
7. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and
residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that
the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly,
even after the expiration of the term, the limitation that all tenants, occupants and residents of
apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the
Project is made to conform with all then applicable Development Code provisions pertaining to
multi-family dwellings. Said apartment units shall not be rented, occupied, leased or subleased to
occupants who are not Qualified Tenants except as provided as follows:
A person or person who is not a Qualified Tenant, and is at least forty-five (45) years
of age, may occupy an apartment unit if he or she occupies an apartment unit with
a present occupant who is a Qualified Tenant and who provides primary physical or
economic support to such Qualified Tenant;
A person at least forty-five (45) years of age who is the spouse of a Qualified Tenant
may occupy a unit with such Qualified Tenant; and
A person or persons under fifty-five (55) years of age may occupy apartment units
as temporary tenants for a period of time not to exceed three (3) months during any
calendar year.
8. Rental Requirements. During the Qualified Project Period at least forty percent (40%) of the
units in the Project,, shall be rented, leased or held available for Very Low Income Qualified Tenants
at affordable rents. All remaining units shall be rented, leased or held available for Ninety Percent
Income Qualified Tenants at affordable rents.
9. Maintenance of Apartments as Rentals. During the term hereof, all apartment units in the
Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion
from rental units to condominiums, townhomes or any other common interest subdivision without
consent of the City Council.
10. On-site Manager. A full-time manager shall be provided on the Project site.
11. Tenant Committee. Residents shall have the right to establish a committee composed of
tenants for the purpose of organizing social activities and providing comments and suggestions to
the Developer regarding the operation and facilities of the Project. Nothing in this section shall be
deemed to restrict the rights of individuals to organize activities and provide comments to the
Developer.
12. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit
to City tenant selection procedures which shall detail the methods which Developer shall use to
advertise the availability of apartments in the Project and screening mechanisms which Developer
intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income
Qualified Tenants.
On or before March 15 of each year following the commencement of the Qualified Project
Period, the Developer, or its representative, shall file a certificate of continuing program compliance
with the City. Each such report shall contain such information as City may require including, but
not limited to, the following:
a,
Rent schedules then in effect, including utility charges (if any);
A project occupancy profile;
A description of the physical condition and maintenance procedures for the Project,
including apartment units, landscaping, walkways and recreational areas.
City shall be allowed to conduct physical inspections of the Project as it shall deem
necessary, provided that said inspections do not unreasonably interfere with the normal operations
of the Project and reasonable notice is provided. The City shall further be allowed to conduct an
annual survey of residents in the Project in order to assess senior needs.
13. Tenant Selection, Contracts and Rules and Regulations. On receipt of an application for low
income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this
Development Agreement. Verification of tenant eligibility shall include one or more of the
following factors:
Obtain an income verification form from the Social Security Administration and/or
the Califomia Department of Social Services, if the applicant receives income from
either or both agencies;
b. Obtain an income tax return for the most recent tax year;
c. Conduct a TRW or similar financial search;
d. Obtain an income verification from all current employers; and
If the applicant is unemployed and has no tax return, obtain another form of
independent verification.
Developer shall be entitled to rely on the information contained in the application sworn to
by the applicant. All agreements for rental of all apartment units in the Project shall be in writing.
The form of proposed rent or lease agreement shall be reviewed and approved by City
prior to the commencement of the Qualified Project Period. Such agreement shall include all rules
and regulations governing tenancy within the Project. The rules and regulations shall include
regulations which specifically authorize the keeping of small pets within all apartment units.
14. Termination and Eviction of Tenants. A tenancy may be terminated without the termination
being deemed an eviction under the following circumstances:
a. The death of the sole tenant of the unit;
By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30)
days' written notice;
c. By abandonment of the premises by the tenant; or
d. By failure of a tenant to execute or renew a lease.
Any termination of a tenancy other than those listed above in this paragraph 14 shall
constitute an eviction. Developer shall only evict in compliance with the provision of Califomia law
and then only for material noncompliance with the terms of the rental agreement.
15. Local Residency. Residency preference shall be given where possible to applicants to the
Project who have been residents of the City of Rancho Cucamonga. However, that factor shall not
be given priority over the other elements of Qualified Tenant selection as stated herein.
16. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured
at all times against loss or damage endorsement and such other risks, perils or coverage as Developer
may determine. During the term hereof, the Project shall be insured to its full insurance replacement
value.
17. Maintenance Guarantee. Developer shall comply with all City maintenance standards
enacted from time to time.
9
18. Standards and Restriction Pertaining to Development of the Real Property. The following
specific restrictions shall apply to the use of the Site pursuant to this Development Agreement:
a. Only residential uses of the real property shall be permitted in the Project; and
The maximum density of residential dwelling units in the Project shall never greater
than 32.6 dwelling units per acre; and
C,
The maximum height for the highest proposed building in the Project shall be forty-
two (42) feet; and
d,
The maximum size for all the buildings and the proposed square footage for each of
the apartment types located in the Project shall be as set forth in Exhibit "B" attached
hereto; and
e,
The provisions for reservation or dedication of land for public purposes are contained
in the conditions for approval of Development Review 95-22.
19. Development Incentives. The City will grant Developer the following development
incentives for development of the Project:
The maximum density on the site shall be increased to 32.6 dwelling units per acre;
and
The maximum number of required parking off-street parking spaces shall be lowered
to one (1) parking spaces per unit; and
C,
The maximum building height within 100 feet of single family residential shall be
increased to 42 feet; and
10
d,
The minimum private open space requirement for ground floor units shall be reduced
to 100 square feet; and
The minimum private open space requirement for second and third floor units shall
be reduced to 60 square feet; and
The minimum number of washer/dryer facilities shall be reduced to one washer/dryer
for every 14 units; and
g. The minimum building setback from the drive aisle shall be reduced to 9 feet; and
h,
Recreational amenities may be duplicated in order to fulfill the total number of
recreational amenities required for the project; and
The height of the perimeter wall, a combination of retaining and free-standing wall,
may be increased to 12 feet.
20. Project Design Amenities for Senior Citizens. The Project open space, buildings and
individual apartments shall be designed with physical amenities catering to the needs and desires of
the senior citizen residents. In addition to those conditions set forth in Exhibit "B" hereto, the
following physical amenities shall be substantially included in the Project:
a. Elevator service shall be provided to all upper story apartments;
b. All units shall be designed for handicap access;
c. All units shall possess secured entryways off a common enclosed hallway;
Handrails shall be provided in all hallways;
11
e. Building space shall be devoted for tenant group meetings; and
Recreational amenities shall include, but not limited to, lawn bowling, gazebos, and
barbeque areas.
21. Indemnification. Developer agrees to and shall hold City and its elected officials, officers,
agents and employees harmless from liability for damage or claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect
operations of Developer or those of his contractor, subcontractor, agent, employee or other person
acting on his behalf which relate to the Project. Developer agrees to and shall defend City and its
elected officials, officers, agents and employees with respect to actions for damages caused or
alleged to have caused by reason of Developer's activities in connection with the Project. This hold
harmless provision applies to all damages and claims the operations referred to in this Development
Agreement regardless of whether or not the City prepared, supplied or approved the plans,
specifications or other documents for the Project. Notwithstanding the foregoing, this provision
shall not apply to any such claims which arise out of, or by reason of, the sole negligence or wilful
misconduct of the City.
22. Amendments. This Agreement may be amended or canceled, in whole or in part, only by
mutual written consent of the parties and then in the manner provided for in California Government
Code Sections 65868 et seq.
23. Enforcement. In the event of a default under the provisions of this Agreement by Developer,
City shall give written notice to Developer (or its successor) at the address of the Project, and by
registered or certified mail addressed to the address stated in this Agreement, and if such violation
is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is
given, or if not corrected within such reasonable time as may be required to cure the breach or
default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure
the breach or default must be commenced within said thirty (30) days and must thereafter be
12
lice
diligently pursued by Developer), then City may, without further notice, declare a default under this
Agreement and, upon any such declaration of default, City may bring any action necessary to
specifically enforce the obligations of Developer growing out of the operation of this Development
Agreement, apply to any court, state or federal, for injunctive relief against any violation by
Developer of any provision of this Agreement, or apply for such other relief as may be appropriate.
After completion of the Project pursuant to the terms of this Agreement, any default may
alternatively be enforced as any normal violation of the standards and provisions of the Rancho
Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of
this Agreement:
"It shall be unlawful for any person, firm, partnership, or corporation to violate any provision
or to fail to comply with any of the requirements of this Agreement. Any person, firm,
partnership, or corporation violating any provision of this Agreement by falling to comply
with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each
such person, firm, partnership, or corporation shall be deemed guilty of a separate offense
for each and every day or any portion thereof during which any violation of any of the
provisions of this Agreement is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be punishable therefore as herein."
24. Event of Default. Developer is in default under this Agreement upon the happening of one
or more of the following events or conditions:
a,
If a material warranty, representation or statement is made or furnished by Developer
to City and is false or proved to have been false in any material respect when it was
made;
13
b,
If a finding and determination is made by City following an annual review pursuant
to paragraph 12 hereinabove, upon the basis of substantial evidence that Developer
has not complied in good faith with any material terms and conditions of this
Agreement, after notice and opportunity to cure as described in paragraph 23
hereinabove; or
C,
A breach by Developer of any of the provisions or terms of this Agreement, after
notice and opportunity to cure as provided in paragraph 23 hereinabove.
25. No Wavier of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce or terminate this Agreement.
Nonperformance by Developer shall not be excused because performance by Developer of the
obligations herein contained would be unprofitable, difficult or expensive or because of a failure of
any third party or entity, other than City. All other remedies at law or in equity which are not
otherwise provided for in this Agreement or in City's regulations goveming development agreements
are available to the parties to pursue in the event that there is a breach of this Development
Agreement. No waiver by City of any breach or default under this Development Agreement shall
be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
26. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any
encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said
encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during
the term of this Agreement and the existence of said encumbrance or lien to:
Do any act or thing required of Developer under this Agreement, and any such act
or thing done or performed by Lender shall be as effective as if done by Developer
itself;
14
Realize on the security afforded by the encumbrance or lien by exercising foreclosure
proceedings or power of sale or other remedy afforded in law or in equity or by the
security document evidencing the encumbrance or lien (hereinafter referred to as "the
trust deed");
Transfer, convey or assign the title of Developer to the Project to any purchaser at
any foreclosure sale, whether the foreclosure sale be conducted pursuant to court
order or pursuant to a power of sale contained in a trust deed; and
Acquire and succeed to the interest of Developer by virtue of any foreclosure sale,
whether the foreclosure sale be conducted pursuant to a court order or pursuant to a
power of sale contained in a trust deed.
The City agrees that the terms of this Agreement are subordinate to any such financing
insm.u-nent and shall execute from time to time any and all documentation reasonably requested by
Developer or Lender to effect such subordination.
27. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by property owner to Lender and afford Lender the oppommity after service of the notice
to:
a,
Cure the breach or default within sixty (60) days after service of said notice, where
the default can by cured by the payment of money;
Cure the breach or default within sixty (60) days after service of said notice where
the breach or default can be cured by something other than the payment of money
and can be cured within that time; or
15
Cure the breach or default in such reasonable time as may be required where
something other than payment of money is required to cure the breach or default and
cannot be performed within sixty (60) days after said notice, provided that acts to
cure the breach or default are commenced within a sixty (60) day period after service
of said notice of default on Lender by City and are thereafter diligently continued by
Lender.
28. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may
forestall any action by City for a breach or default under the terms of this Agreement by Developer
by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings
so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument creating the encumbrance or lien.
The proceedings shall not, however, forestall any such action by the City for the default or breach
by Developer unless:
a,
They are commenced within sixty (60) days after service on Lender of the notice
described hereinabove;
They are, after having been commenced, diligently pursued in the manner required
by law to completion; and
Lender keeps and performs all of the terms, covenants and conditions of this
Agreement requiring the payment or expenditure of money by Developer until the
foreclosure proceedings are complete or are discharged by redemption, satisfaction
or payment.
29. Rent Control. In consideration for the limitations herein provided, City agrees that it shall
not, during the term of this Agreement, take any action, the effect of which will be to control,
determine or affect the rents for those low income rental units located in the Project.
16
30. NOtice. Any notice required to be given by the terms of this Agreement shall be provided
by certified mail, return receipt requested, at the address of the respective parties as specified below
or at any other such address as may be later specified by the parties hereto.
Developer:
Robert D. Banman
Pacifica Community Associates
7201 Haven Avenue, E-347
Rancho Cucamonga, CA 91701
City:
City of Rancho Cucamonga
10500 Civic Center Drive
P. O. Box 807
Rancho Cucarnonga, CA 91730
31. Attomeys' Fees. In any proceedings arising from the enforcement of this Development
Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled
to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed
within the discretion of the court.
32. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure
to, the respective parties hereto and their legal representatives, executors, administrators, successors
and assigns, wherever the context requires or admits.
33. Applicable Law. This Agreement shall be construed in accordance with and govemed by the
laws of the State of Califomia.
34. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal
or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not
in any way be affected or impaired thereby.
17
35. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official
Records of the County Recorder of the County of San Bemardino.
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall
be effective on the effective date set forth hereinabove.
CITY OF RANCHO CUCAMONGA
Dated: By
William J. Alexander, Mayor
PACIFICA COMMUNITY ASSOCIATES
Dated: By
Robert D. Banman
18
EXHIBIT "A"
Parcel No. 1:
The north one-half of Lot 1, Section 3, Township 1 south, Range 7 west, San Bernardino Base and
Meridian, according to Map of Cucamonga Lands, in the County of San Bernardino, State of
California, as per Map Recorded in Book 4 of Maps, Page(s) 9, in the Office of the County Recorder
of said County.
Excepting therefrom the east 333.00 feet.
Also excepting therefrom north 60 feet lying within Baseline Avenue.
Parcel No. 2:
An easement for ingress, egress, drainage, public utilities and incidental purposes, described as
being over and across the south 55 feet.
Excepting therefrom the east 110 feet.
Said easement also affects the west 65 feet of the 110 feet of the following described Parcel:
The south 120 feet of the east 168 feet of the north one-half of Lot 1, Section 3, Township 1 south,
Range 7 west, San Bemardino Base and Meridian, according to Map of Cucamonga Fruit Lands, as
Recorded in Book 4 of Maps, Page 9, records of San Bemardino County.
Excepting therefrom the east 45 feet as granted to the County of San Bemardino, in Document
Recorded June 14, 1965, in Book 6409, Page 719, Official Records.
Said easement shall be permanent and assignable.
Parcel No. 3:
An easement for ingress, egress, drainage, public utilities and incidental purposes, described as
being over and across the south 55 feet.
Said easement also affects the south I foot of the north 70 feet, excepting therefrom the east 50
feet, also excepting therefrom the west 223 feet of the following described Parcel:
The south 190 feet of the east 333 feet of the north one-half of Lot 1, Section 3, Township 1 Section,
Range 7 west, San Bemardino Base and Meridian, in the County of San Bemardino, State of
California, according to Map of Cucamonga Fruit Lands, as per Plat Recorded in Book 4 of Maps,
Page 9, records of said County.
Excepting therefrom the south 120 feet of the east 168 feet;
Also excepting that portion thereof lying within Archibald Avenue.
Said easement shall be permanent and assignable.
CITY OF RANCHO CUCAMONGA '
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Brad Buller, City Planner
Scott Murphy, AICP, Associate Planner
CONSIDERATION OF MODIFICATION TO CONDITIONAL USE PERMIT 94-09 -
KICKER'S GRILL - Appeal of the Planning Commission's denial of a request to
expand the cafe services within an existing indoor soccer facility in the General
Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at
11120 Tacoma - APN: 209-471-05.
RECOMMENDATION
The Planning Commission recommends the City Council deny the Modification to Conditional Use
Permit 94-09 through adoption of the attached Resolution.
BACKGROUND
On April 24, 1994, the Planning Commission approved Conditional Use Permit 94-09 for the
operation of an indoor soccer facility that included a cafe/waiting area for parents of children
participating in the soccer leagues. A limited menu of cold sandwiches, snacks, and beverages
is currently available for purchase by parents while waiting for their children. The cafe/waiting area
was considered an ancillary part to the main business (soccer). Because of the success of the
soccer facility, the applicant is requesting an expansion of the food services offered. Expansion
or intensification of the existing food services requires an amendment to the existing Conditional
Use Permit. The applicant is proposing to provide a grill for hot foods and to serve beer and wine.
These new services would be provided within the existing cafe/waiting area.
ANALYSIS
General: In denying the application, the Planning Commission noted that the building was
designed as an industrial use and, through the Conditional Use Permit application, a
recreational use was allowed to occupy the building. The provisions for a small snack area
were appropriate to meet the needs of the soccer players, parents, and observers. The
Planning Commission focused on two issues in their deliberations. Primarily they discussed
on-site parking and secondarily they discussed the on-site consumption of beer/wine.
CITY COUNCIL STAFF REPORT
CUP 94-09 - KICKER'S GRILL
December 6, 1995
Page 2
Parking: The City's Development Code does not address the parking requirements for
facilities such as the indoor soccer facility. As a result, the applicant was asked to prepare
a parking analysis based on a comparable facility with the original application. The parking
calculations prepared anticipated a "worse case scenario" wherein each employee and each
player would drive their own vehicle to the site. This would require 56 parking stalls. A 20
percent contingency factor was considered as a "cushion," bringing the required parking to
67. Because the waiting area was considered an ancillary use, additional parking was not
required. Given that 69 spaces exist on-site, parking was not viewed as a problem for the
facility.
Upon the facility's opening, the applicant experienced a parking shortage with cars arriving
at one time. This was attributed to both soccer games starting at the same time. To provide
a smoother flow of players into and out of the facility, the schedule was revised to have one
game start on the hour and the other game start on the half-hour. This helped to eliminate
the parking problem at peak times and spread the parking distribution more evenly. However,
this change did not eliminate the parking problems for the neighbors.
Several improvements were installed by the developer and the adjoining property owner to
regulate the parking of the soccer facility (see Exhibit "B"). While some progress was made
to minimize the problem, patrons continue to park outside of the soccer facility site. At the
Planning Commission meeting, the applicant indicated that an employee of the soccer facility
would be making periodic parking lot inspections to identify vehicles parked illegally and notify
the patrons to relocate their cars. Since the receipt of the appeal and the applicant's
indication to the Planning Commission that they would provide periodic parking inspections
to address the existing parking concerns, staff has observed vehicles parked in the street
(posted for "No Parking") or on the adjoining property. The number of vehicles parked
outside the site boundaries has reached as high as 15. In each case, ample parking was
available at the rear of the building.
The Planning Commission was concerned about the impact the grill and bar would have on
the existing on-site parking supply. The expanded services would encourage patrons to
remain at the site longer, meaning less frequent turnover and insufficient parking. The
expansion of the waiting area to a grill and bar would alter the ancillary use originally
designed and become more prominent. As an expanded full-scale cafe, parking would be
required at a rate of one space for every 100 square feet of area. The cafe and related
seating occupy 1,840 square feet, requiring 18 additional parking spaces. In that two extra
parking spaces are provided currently, an additional 16 spaces would have to be provided
on-site. The site is inadequate to provide this additional parking. The developer of the site
has offered parking across the street. This parking, however, would only be available on a
temporary basis until the property develops.
Cafe Expansion/Beer and Wine Sales: In 1994, modifications were made to the Industrial
Specific Plan that changed the definition of "eating and drinking establishments" to
"restaurant" and included provisions for the on-site consumption of beer and wine. Given that
this particular subarea was designated and developed as General Industrial, the changes
CITY COUNCIL STAFF REPORT
CUP 94-09 - KICKER'S GRILL
December 6, 1995
Page 3
included the prohibition of restaurants within this subarea and several other General Industrial
subareas. However, since this facility was approved prior to this change and the cafe/waiting
area was part of the existing approved use, any expansion whether it was for the grill or beer
and wine required an amendment to the Conditional Use Permit. The Commission
determined that the introduction of the beer and wine into the facility was not appropriate.
In conclusion, the Planning Commission recommends the City Council deny the application
as presented. Any other action by the City Council will require time to prepare an appropriate
resolution with conditions of approval to address the specifics of the proposed use.
BB:SM:mlg
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E" -
Letter of Appeal
Planning Commission Staff Report dated October 25, 1995
Planning Commission Minutes of October 25, 1995
Planning Commission Resolution of Denial dated October 25, 1995
Original Planning Commission Resolution Approving Conditional Use
Permit 94-09
Resolution of Denial
RECEIVED
NOV - 6 1995
CiTY OF RANCHO CUCAMONGA
CITY CLERK
KICKERS GRILL
November 2, 1995
To: City Council Board Members
This letter is being submitted to appeal the October 25, 1995
decision to prohibit the expansion of Kickers Grill located inside the US
indoor Soccer Academy. We are prepared to present our case to you,
the Rancho Cucamonga City Council Board Members, as soon as the
opportunity arises.
My name is Cle Kooiman. I am a member of the 1994 U. S. World
Cup soccer team. I am a very visible soccer "Ambassador" in the
community. I conduct soccer camps for AYSO and club teams here in
Rancho Cucamonga. I coach and have coached many youth teams in
Rancho Cucamonga, and have also volunteered my time doing
motivational speeches in many schools in this community. All of my
movement in soccer is geared towards the youth. My partners Noah
Kooiman and George Franov are both involved in the community as
well. Noah, my brother, coaches the boys U-13 California Heat and
coached the varsity girls at Rancho Cucamonga High School for two
years. He took his boys U-12 California Heat team to Boise, Idaho in
June of 1995 and won the National Championship. Also his Boys U-10
team have also had a very impressive record of 55-2-0 and won every
tournament that the team entered. Noah is the general manager at the
US Indoor Soccer Academy. He manages over 200 soccer players on any
given evening. George Franov coaches a local club team, the Upland
High School soccer team, and volunteers time with many local AYSO
teams. The point of submitting this information is to confirm our
dedication and support to both the City of Rancho Cucamonga and youth
soccer.
Currently, we are a small business trying to make life more
pleasurable for our clients. With the addition of a grill and serving light
alcoholic beverages we know our menu for the cafe would be greatly
appreciated by our patrons. Many of them have shown great interest in
us doing so.
We feel that the Planning Committee did not take into
consideration what we are willing to do nor what we have done for the
past three months to expand our cafe. The issues involving the expansion
of our cafe as we understand them our 1. parking and 2. alcohol around
the youth. First of all, we our a very unique business which opens our
doors at 5:00 p.m. while most of our neighbors are closed at 5:00 p.m.
Therefore, the impact on parking is minimal. We have also hired an
extra employee for parking security. This completely takes care of any
and all issues involving parking. Also by working with our neighbors to
the immediate west we have put up chains to stop parking on their
property. Since we have taken over the cafe three months ago there have
been no problems at all regarding this issue. We will continue to take
any necessary action to secure the success of the parking situation.
Another issue addressed was the issue of serving alcohol on the
premises. An employee in the planning office said it was permissible to
serve alcohol at the facility. She also signed us off on the zoning affidavit
stating that we are zoned for serving alcohol. With this in mind we
invested approximately $13,000 into redecorating the cafe. Now the
Planning Committee has denied our efforts to expand. We would like to
see the city working with us to help promote small business growth in the
community. We have taken every precaution to be problem free and will
continue to do so. We would like to offer beer to our 21 and over
clientele. We have scheduled the youth games early in the afternoon and
our house rules state that we will not serve beer until the youth teams
have finished. Also no player is allowed to have a drink before or during
a game. The US indoor Soccer Academy is in full support in regulating
and enforcing these rules.
We are a small business trying to succeed in a difficult time for all
small business. With the steps and precautions that we have in place we
feel that we have shown the Planning Committee that we are very
capable in dealing with the expansion of our cafe. Noah, George and I
all reside in Rancho Cucamonga. As stated, we are all heavily involved
with youth programs arid positive role models giving much needed
direction to today's youth. We feel it is important to maintain a very
family oriented atmosphere and have committed ourselves to this both
personally and professionally.
ha yO[/~r~OHr fi~Ine,
CITY OF RANCHO CUCAMONGA --
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
October 25, 1995
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Scott Murphy, AICP, Associate Planner
MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL - A
request to expand the cafe services within an existing indoor soccer facility in the
General Industrial designation (Subarea 8) of the Industrial Area Specific Plan,
located at 11120 Tacoma - APN: 209-471-05.
BACKGROUND: On April 24, 1994, the Planning Commission approved Conditional Use Permit
94-09 for the operation of an indoor soccer facility. Plans for the facility included two soccer fields,
locker rooms, a pro shop, an arcade, and a cafe area. Because the parking standards of the
Development Code do not address this type of use, the applicant provided an analysis of the
parking demand based on a similar facility in Orange County. Given the number of players,
employees, and potential visitors, the applicant estimated that 67 parking spaces would be
necessary to accommodate the business.
The cafe was originally designed to provide a "waiting area"' for parents of children participating in
the soccer leagues. The cafe would serve cold sandwiches, snacks, and beverages. The cafe
area was considered an ancillary use to the main business. Additional parking was not required
for the cafe.
ANALYSIS:
General: Because of the success of the facility, the applicant is considering an expansion of
the cafe services offered. The applicant is proposing to provide a grill for hot foods and to
serve beer and wine. These new services would be provided within the existing cafe area,
the size of the cafe will not be expanded. The applicant believes the expansion will provide
a better social environment for the families using the facility (see Exhibit "A").
Bo
Compatibility: The parking calculations prepared for the original approval anticipated a
"worse case scenario" wherein each employee and each player would drive their own vehicle
to the site. This would require 56 parking stalls. A 20 percent contingency factor was
considered as a "cushion," bringing the 'required parking to 67. Given that 69 spaces exist
on-site, parking was not viewed as a problem for the facility.
Upon the facility's opening, the applicant experienced a parking problem with an influx of car.s
arriving at one time. This was attributed to both soccer games starting at the same time. To
provide a smoother flow of players into and out of the facility, the schedule was revised to
have one game start on the hour and the other game start on the half-hour. This helped to
eliminate the parking problem at peak times and spread the parking distribution more evenly.
PLANNING COMMISSION STAFF REPORT
CUP 94-09 - KICKER'S GRILL
October 25, 1995
Page 2
Even with these changes, however, parking became an issue for adjoining tenants. While
there seemed to be ample parking spaces available, many soccer patrons elected to park in
the closest parking spaces which, in many cases, was property owned by adjacent
businesses, or illegally park on the street. The developer of the center striped the parking
area to designate the limits of the soccer facility parking. This did not correct the problem.
The property owner to the west had posts installed at his drive aisle and put a chain across
the drive aisle to discourage soccer patrons from parking in his facility. After roughly one
week, the chain was removed from the drive aisle by unknown individuals. The property
owner has since resorted to posting the site for no parking after business hours and hiring a
towing firm to police the site. The towing firm has, in fact, towed vehicles from the premises.
Even with the correction of existing problems, the addition of a grill and beer and wine sales
does raise further questions about the parking availability. The parking analysis prepared for
the original application assumed patrons of the soccer facility would enter the facility just
before game time and exit the facility shortly after the game completion. The cafe was
intended to provide a "rest area for parents while their children are playing" (see Exhibit "E").
Staff has visited the facility on several occasions and finds the current parking adequate to
meet the facility's needs. On each site visit, there have been parking spaces available at the
rear of the site. The applicant states the introduction of the grill and beer and wine is targeted
at patrons who already remain at the facility for many hours. This may exacerbate the
parking problem for the soccer facility and adjoining properties.
CORRESPONDENCE: In accordance with State and City requirements, the application request
has been advertised in the Inland Valley Daily Bulletin newspaper, the site was posted, and notices
were mailed to all properties within 300 feet of the subject site. In response to the notification, staff
has received one letter in opposition to the request (see Exhibit "F").
RECOMMENDATION: Given the problems resulting from the soccer facility and the potential for
future conflicts, staff recommends the Planning Commission not approve any expansion of the use
until the applicant can demonstrate for a reasonable period of time that adequate provisions are
in-place to eliminate impacts on adjoining properties. Therefore, staff recommends denial of the
application without prejudice through adoption of the attached Resolution Denial.
BB:SM:mlg
Attachments:
Exhibit "A" -
Exhibit "B" -
Exhibit "C" -
Exhibit "D" -
Exhibit "E"
Exhibit "F"
Letters from Applicant
Location Map
Site Plan
Floor Plan
Original Parking Analysis
Letter from Adjacent Property Owner
Resolution of Denial
THE CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, Ca 91729
August 21, 1995
Re: Permit for tenant improvement and addition
We the owners of Kickers Grill have been working with the owners of the US Indoor
Soccer Academy located at 11120 Tacoma Drive in city of Rancho Cucamonga to
improve the Cafeteria section of the facility by offering an expanded menu to cater to
the demanding needs of the members and the clientele.
Because SOCCER, like other sporting event brings the athletes and fans together to
form a club which is a social outing for many families. Most of these families come and
spend many hours in the facility (many hungry hours !) playing, watching and enjoying
time with each other.
In the past year that the facility has been open, many of its members have traveled
distances as far away as Los Angeles and Palm Springs to play a game at this center.
These members as well as the people who live closer just don't have time to prepare a
cooked meal because they come to the facility straight after work.
In order to accommodate the needs of the members and the visitors we have been
negotiating with the US Indoor Soccer Academy to provide food service and improve
the atmosphere of the Cafeteria section by providing hot and cold sandwiches and
drinks.
Sincerely;
Cle Kooiman
Kickers Grill
,~',f /-//~ /F' '''~' ' /"
THE CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, Ca 91729
August 30, 1995
Re: Safety rules and regulations for the Cafeteria servin.cl bear and wine.
The Cafeteria will be managed by George Franov who has over 10 years of experience
in food business and will have a trained manager on sight at all times. In addition we
will.
a)
Send all employees to classes offered by the Health Department and
Alcohol and Beverage department.
b)
Only bear and wine will be served to create a atmosphere of a Pizza
place and NOT a bar.
c)
Rules have been set up in cooperation with US Indoor Soccer Academy
and will be enforced.
In addition, Kickers will be operating by 3 partners who have been coaching soccer for
45 combined years and are committed to preserve a healthy family environment that
members could be comfortable in.
Sincerely;
Cle Kooiman
Kickers Grill
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Petrossi & Associates
Architecture, Planning, Interiors
February 7, 1994
~r. Brad Bullard
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Dear Mr. Bullard,
-- RECEIVED --
CITY OF RANCHO CUCAMONGA
,r"LANNING DIVISION
Per our telephone conversation regarding parking, Please find following parking study:
2.
3.
4.
5.
6.
7.
8.
9.
O,
13.
14.
15.
16.
17.
18.
Indoor Soccer is played with six (6) player on each side.
An average team will have Twelve (12) registered players.
There are two (2) indoor soccer fields.
Two (2) Teams play on each field every hour.
Total of four (4) teams will be playing at any given time.
There will be forty eight (48) players every hour.
Eighty (80) percent of players are below the age of 12.
Parents will be driving players to the center.
Players usually drive together or with some parents to the center. For every
two players there is only one car needed.
So for forty eight (48) players, twenty four (24) car is needed.
There is also an overlap of players in the center·
For The Forty eight (48) additional players during the overlap period an
additional 24 cars are needed.
At any given time 48 parking spaces are required for players.
There will be eight (8) full time staff on site at any given time.
Therefore (48 players + 8 staff) = 56 parking spaces are required.
20% contingency must also be allocated for additional parking spaces, this is
11 additional parking spaces.
The Total parking requirement will therefore be 56 + 11 = 67 spaces.
The center has currently 70 parking spaces which is more than adequate for the
traffic that the center generates.
The cafeteria is actually a rest area for the parents while their children are playing.
The cafeteria will only be serving cold drinks as well as snacks. It is not a restaurant.
Please find attached copy of cup for similar project in City Of Irvine. Should you have
any question please call me at any time.
Sincerely Yours,
"
2082 S.E. Bristol, S~zitc 221 · S~nt~z Azzrz H<dghts, CA 92707. Tel: (714) 833-32~0 · F~: (7~) ~33-1145
Mold And Die
October 12, 1995
Scott Murphy
City of Rancho Cucamonga
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Re: Liquor License for U.S. Indoor Soccer
Dear Mr. Murphy:
I am writing this letter as a concerned neighbor of
U.S. Indoor Soccer. I believe it would be a grave mistake
to grant U.S. Indoor Soccer a liquor license, based on the
problems that currently exist with this establishment.
The nature of their business does not even warrant
a reason for liquor. The patrons are either young teenage
kids that can not drink legally or adults that are interested
in the health and fun of playing organized sports. Next,
Hltter's Haven will want a liquor license.
How many sports have a beer break at halftime or at the
end of a period?
With the right to sell liquor, U.S. Indoor Soccer would
create a higher level of loitering than it has now. Mixing
loitering with liquor can only fuel the already apparent
problemslbetween U.S. Indoor Soccer and the rest of the
property owners in the Arrow Business Park.
As a local business owner, understanding Rancho
Cucamonga's regard to provide a high standard of living
for its people, I hope you give this matter a great
deal of consideration.
Thank-you,
Mike Koebel
10824 Edison Court - Rancho Cucamonga, CA 91730-3868 · (909) 980-6600 · FAX (909) 944-3199
Commissioner Mel r supported the applicant's requ o erect a galvanized
steel pole to be le npainted.
Motion: Moved by Melcher, s nded by Tols , to adopt the resolution approving
Conditional Use Permit 95-24 'th mod' cation to require access on site for
construction and maintenance of acility. Motion carried by the following
VOte:
AYES: BARKER, LUMPP, OLSTOY
NOES: NONE
****'
ABSENT,: NONE
ABSTAIN: NONE ' d
B. MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL A request
to expand the cafe services within an existing indoor soccer facility in the
General Industrial designation (Subarea 8) of the Industrial Area Specific
Plan, located at 11120 Tacoma - APN: 209-471-05.
Scott Murphy, Associate Planner, presented the staff report. He indicated that
a letter had been received from a business in the same industrial park opposing
the sale of alcoholic beverages because of previous problems with the customers
who frequent the business.
Chairman Barker opened the public hearing.
Cle Kooiman, 6156 Hellman Avenue, Rancho Cucamonga, stated he is a professional
soccer player who has played professionally for the last 12 years in the United
States and Mexico. He said he had moved to the area because it is one of the
greatest soccer areas in the United States. He stated the Planning Department
signed them off on the zoning affidavit needed by the Alcohol, Beverage Control
Board (ABC) and they proceeded to invest $13,000 in renovations to the cafeteria
area. He said they'would not have invested money in the renovations without the
zoning affidavit. He acknowledged they had become aware ofthe parking issue and
stated he wished to address that problem. He said the happiness of their
neighbors is important to them and they are willing to do just about anything to
solve any problems set before them. He said they understand the concerns raised
by the neighbors. He indicated that he became involved with the business two
months ago and he thought they had solved the parking issue since then. He felt
the problem is not too many cars, but that their clients were parking in the
wrong area. He said he had spoken with their adjacent neighbor and installed
some parking signs and also now has a staff member checking the parking lot every
15 minutes. He said they have also decided to hire a parking attendant while
their business is open. He reported that Mark Capellino, the developer, has also
assured them they will have space in front of their property if they have too
many cars. He referred to the letter from Prestige Mold and Die and said he
thought they did not have up-to-date information. He felt they have taken care
of all of the parking problems which had occurred in the past. He stated most
cafeterias have beer and wine on their menus and he suggested their operation
would be similar to the bowling alley. He observed that the Prestige Mold and
Die letter referred to beer and wine breaks during a game and said that one of
their rules prohibits drinking before or during games. He did not feel their
patrons have been loitering in the parking lot. Mr. Kooiman referred to a letter
from Rafco Products and he stated that the problems referred to in that letter
had occurred prior to his joining the operation.
things and problems no longer occur.
Planning Commission Minutes
;~Vr~,/~C ,,
-3-
He felt they have changed
October 25, 1995
George Franov, 921 West 13th Street, Upland, stated that he would run the
everyday aspects of the restaurant. He said he has been in the restaurant
business for 15 years and in restaurant management for 10 years including
restaurant manager at Sneakers for the last 3 years. He commented they want to
provide quality food and drinks in a healthy family atmosphere. He said the
families and players drive from all over the area and they wish to provide an
opportunity for them to enjoy a full evening of soccer. He observed that patrons
have asked for a more extensive menu. He remarked he and the other owners of
Kickers are actively involved in youth soccer. He stated their staff would be
highly trained to prevent underage drinking and they have set up rules in
cooperation with the US Indoor Soccer Academy to prevent drinking before a game
and a team can be penalized as well as individual players for violating the
rules. He stated that anyone fighting in the cafeteria would be expelled from
league play and no alcohol could be removed from the cafe. He said they would
try to prevent drinking and driving by providing questionable patrons with time
or food to get them sober enough to drive or will arrange a taxi home.
Commissioner Melcher asked if Kickers is a separate business from US Indoor
~occer Academy.
Mr. Franov said they lease the space from the Soccer Academy but they work hand
in hand with the Academy.
Commissioner Melcher asked how many seats are in the restaurant.
Mr. Franov replied they currently have 80.
Commissioner Melcher asked if they would be advertising to bring in business from
the community or catering only to those patrons at US Soccer Academy.
Mr. Franov replied they are not currently planning to advertise; however, they
are involved with soccer other than through the US Soccer Academy and he did not
feel they would turn away patrons who are not playing.
Commissioner Tolstoy asked if Mr. Franov would still manage Sneakers or if
Kickers would be his only business.
Mr. Franov stated he is still the general manager at Sneakers. He said he would
ideally like to do both jobs until Kickers can be his sole source of income.
Commissioner Lumpp asked if they would serve someone who walked in off the street
to watch a game.
Mr. Franov replied affirmatively.
Commissioner Lumpp asked if parents of those playing would be able to partake of
beer and wine while their children played.
Mr. Franov said that was correct but they are now thinking of scheduling the
leagues so that all youth games are finished by a certain time and opening to
serve alcohol after that time.
Commissioner Lumpp asked if games will be ongoing when the bar is open.
Mr. Franov responded that was correct.
Commissioner Lumpp asked if Mr. Franov is currently operating the cafe.
Planning Commission Minutes -4- October 25, 1995
Mr. Franov said he is running it with his two partners.
Commissioner Lumpp questioned if the applicant is wanting to expand the cafeteria
and offer hot food and beer and wine.
Mr. FranOv said that was correct.
Noah Kooiman, 335 Inland Empire Boulevard, Apt. 15-H, Rancho Cucamonga, said he
is one of the three partners. He reported he is one of two managers at US Indoor
Soccer Academy and his duties are to bring in business. He said they have youth,
adolescent, adult female, adult male, and co-ed groups. He stated they have a
one-of-a-kind facility. He said they wish to enhance the facility with the
restaurant. He reported he does all the scheduling and has been actively
involved in youth soccer coaching in the community. He said they are currently
open from 5:00 p.m. to midnight and the games for younger players are from 5:00
to 7:30 p.m. He noted that the surrounding businesses generally close at 5:00
p.m. He said he would like to schedule it so that no alcohol will be served
during youth games. He observed the parents can video tape the games and then
watch the videotapes on their big screens in the cafeteria area. He said they
also want to have facilities to accommodate birthday parties.
Commissioner Lumpp asked if the applicants had paid for and installed the chains
and barriers to prohibit parking at the adjacent business.
Cle Kooiman said the posts were already in place and they merely installed the
chains.
Commissioner Lumpp asked who had installed the posts.
Cle Kooiman thought they were put there by the builder.
Commissioner Lumpp asked if the adjacent business is Prestige Mold and Die.
Cle Kooiman replied negatively and said that Prestige is further west.
Commissioner Lumpp asked what business is located where the chain was installed.
Cle Kooiman replied it is a frisbee company.
Commissioner Lumpp asked if they had sent a letter opposing the project.
Cle Kooiman replied the frisbee company has been very happy the last few months
because the problems have been solved. He said that Prestige Mold and Die is not
even in business as yet.
Commissioner Lumpp asked where Rafco Products is located.
Cle Kooiman stated it is the northeast corner of the site. He felt there have
not been any problems during the last two months since they have started
patrolling the parking lot and put up the chains.
Mr. Murphy pointed out that Prestige Mold and Die is located in the third
building to the west and Rafco is the adjacent building northeast of US Soccer
Academy.
Planning Commission Minutes
-5-
October 25, 1995J~J
Cle Kooiman stated they have 10-15 extra parking space. He felt that even if
some families stay after their game to eat, there should not be a parking
problem.
David Davies, 8830 Somerset, Rancho Cucamonga, requested that the application be
approved because the Kooimans are involved with youth soccer and he felt the
Kooimans would not do anything to harm the children. He commented that small
businesses should be supported and he felt they had addressed all issues of
concern.
Mike Oshay, 912 Cleary, Claremont, stated he is one of the patrons. He thought
the business had experienced growth problems and patrons did not initially know
where to park. He commented that patrons cannot play if they are under the
influence of alcohol. He felt parking should be permitted on the street. He
commented he would like to be able to stay and relax with his teammates after
games. He remarked that the Kooimans are good role models.
Sandie Oerly, 5652 Emerald, Rancho Cucamonga remarked that she has known the
Kooimans for a long time and they are very active in youth soccer in the
community. She said she used to go to an indoor soccer academy in Mira Loma
which had a cafeteria with beer and wine and watched videos of games. She stated
that many adults now play soccer. Ms. Oerly commented that there is generally
a lot of illegal parking near any facility with youth sports. She felt US Soccer
Academy has done a good job of trying to address the parking problem. She
thought alcohol consumption and the facility would be well monitored and there
would be no problems. She stated she would like to use facility for birthday
parties for youths.
Mark Capellino, Cap Brothers Construction, 438 Amapola, Suite 210, Torrance,
stated he is the developer of the property. He said he was encouraged by Mr.
Kooiman's offer to have an employee in the parking lot as he felt it would help
mitigate some of the problems which had been experienced by adjacent businesses.
He commented that parking on some of the adjacent properties could be considered
on a temporary basis until the other properties are developed but he wanted
US Soccer to fully utilize its own lot prior to using other areas.
Commissioner McNiel asked if Mr. Capellino had received complaint letters from
any other businesses in the area.
Mr. Capellino replied they had not received any other letters, but he thought
there may be other businesses with comparable concerns. He said that he has
visited the site on many occasions and there are cars parked on adjacent
properties and in the street when there are still some unutilized parking spaces
in the rear of the building. He knew the Academy had made attempts to encourage
their patrons to use that parking but he felt that having someone in the parking
lot to direct parking would be an important component in solving the problems.
Commissioner McNiel asked if there is access to the building from the rear lot.
Mr. Capellino said there is but he thought they have tried to encourage patrons
to still enter from the front of the building.
Commissioner Tolstoy asked the approximate amount of parking in the back.
Mr. Capellino estimated that 25 to 30 percent of the parking is in the rear.
Planning Commission Minutes
-6-
October 25, 1995Jj~
Sam Izadi, 11120 Tacoma Drive, Rancho Cucamonga, said he has been involved in the
project from the start. He noted that one of the complaints had been received
from someone located three buildings away to the west but there was not a
complaint from the business immediately adjacent to the west. He therefore
thought the problems have been resolved. He said they have been working with the
neighbors to have a good relationship.
Commissioner Lumpp asked for an explanation of the business relationship.
Mr. Izadi replied that he is one of the three owners of the facility; Noah
Kooiman is the general manager of the facility and Cle Kooiman, Mr. Franov, and
Noah have leased the cafeteria section of the building. He said US Indoor Soccer
Academy will only be running the soccer activities but they will be working
closely with Kickers Grill in enforcing the rules.
Commissioner Lumpp asked which of the individuals work directly for Mr. Izadi.
Mr. Izadi responded that Noah Kooiman works for him.
Commissioner Lumpp asked if Kickers Grill currently subleases the facility.
Mr. Izadi replied that Kickers Grill signed the lease agreement after the City
had reviewed the zoning affidavit for submission to ABC. He thought the lease
would not have been signed if the zoning affidavit had not been approved.
Hearing no further testimony, Chairman Barker closed the public hearing.
Mr. Murphy reported that 37 spaces, just over 50 percent of the parking, are
located in the rear of the building.
Commissioner Tolstoy stated he visited the facility on Tuesday. He observed that
the building was built for an industrial use and he felt there are problems
because it is now being used for a recreational use. He commented that the
parking is adequate for an industrial use, but now there are problems because of
the configuration of the parking with half of it being hidden from street view.
He thought the Commission will be more cognizant of future parking problems the
next time there is an application for a recreational business in an industrial
building. He said he was impressed with the facility and thought it is well laid
out. He felt there is adequate room for a restaurant and he did not object to
expanding the food services with the provision that a parking lot attendant be
located in the parking lot because he thought there will continue to be a parking
problems otherwise.
Commissioner McNiel questioned if Commissioner Tolstoy supported the sale of beer
and wine.
Commissioner Tolstoy indicated he supports only the expansion of the restaurant.
Commissioner Melcher suggested that the parking lot attendant be required to be
uniformed and be there during all business hours. He did not object to the
expansion of the restaurant and the addition of beer and wine; however, he
thought they should be restricted to the on-site business as opposed to being
open to the public. He acknowledged that the public cannot be excluded, but he
did not think they should be permitted to advertise to the public until they have
established a track record of a problem-free operation. He suggested the matter
could be reviewed in a year.
Planning Commission Minutes
-7-
October 25, 1995
Commissioner McNiel did not oppose the expansion of the restaurant. He noted
there is an ongoing problem with the parking which the applicant appears to be
trying to resolve. He observed that Mr. Kooiman had indicated they plan to
utilize a parking attendant, but he feared a parking attendant may not be there
in the future. He felt there is no way to police the parking problem except by
cordoning off the area. He said he has been involved in competitive sports for
a long time and has observed that the spirit of competition can be very heated.
He felt that the tension of running into other players sometimes does not go away
and he felt that the introduction of beer and wine could lead to problems. He
observed that beer and wine are prohibited in public parks and he felt it might
be for that reason. He did not support the sale of beer and wine. He was not
sure how the City could control the parking situation and he felt the City could
not control a ban on advertising.
Commissioner Lumpp stated he had a serious problem with the land use issue. He
felt the City may have been too flexible when allowing the sports use to locate
in an industrial park. He said the applicant was now asking to expand the sports
use by adding a restaurant and bar within an industrial building within an
industrial park. He did not support the application. He observed that the
fundamental use is a conditionally permitted use, not a permitted use. He said
he was also confused over who controls the operation. He noted that Cle Kooiman
mentioned that he had talked to the adjacent property owner but Mr. Kooiman is
not the owner of the soccer facility, but only a concessionaire and would not
have control of the sports operation. He thought Mr. Izadi should be the one
talking to neighbors'to work out the problems. He observed that a restaurant use
has specific parking requirements and there is not sufficient parking to meet the
restaurant criteria. He felt the complaints attest to the fact that there are
barely enough parking spaces for the current use. He noted that the patrons seem
to be enjoying the facility as it now exists and adding a bar/restaurant will
compound the parking problems, not to mention cause a potential for nuisance,
health, and safety concerns. He also thought expanding the restaurant use will
lead to players staying after their games to socialize, which will compound the
parking problem. He noted the games are scheduled on a rotational basis because
there was originally a parking problem and if players stay after their game to
socialize, they will be taking up the parking spaces needed for the next team.
He felt having a parking attendant may not solve the problem because people will
park where they want and the parking attendant would have no powers of
enforcement. He stated that the addition of a bar/restaurant is not a good land
use addition to a soccer facility.
Chairman Barker stated that some points had been raised in the public testimony
that are not issues. He felt that soccer and the reputations of the individuals
concerned is not an issue, and noted that his family has been very active in
soccer for years. He remarked that when the application for the soccer facility
was first submitted, the thinking had been that it would fill an unused building
and the activity is healthy. He observed that there is now a request to attach
another use and open a bar in an area which was neither designed nor intended for
that purpose. He said a number of the impacts have been addressed, but he felt
it would be unwise to add a bar to the facility. He noted that the parking is
not set up for either a restaurant or a bar. He did not support the use.
Commissioner Melcher noted that the suggested resolution is a denial without
prejudice. He thought that if the Commission determines the use is
inappropriate, then the application should be denied, not denied without
prejudice.
Planning Commission Minutes
October 25, 1995 /~
Commissioner Lumpp thought the only purpose for denying a resolution without
prejudice was to allow an applicant to refile a similar application within a
year. He noted that certain issues had been presented and the Commission had
expressed certain concerns and he did not think the applicant would refile a
similar application.
Ralph Hanson, Deputy City Attorney, stated Commissioner Lumpp was correct, in
that if an application is denied, a similar application cannot be refiled within
a year, whereas a similar application could be refiled within a year if the
application is denied without prejudice.
Chairman Barker suggested the resolution could be modified by removing the words
"without prejudice" if the Commission felt that the opening of a bar in that
industrial area would never be appropriate. He thought that if something could
be done to make the use acceptable in that area, then "without prejudice" should
be left in the resolution.
Motion: Moved by Tolstoy, to direct staff to prepare a resolution of approval
to allow the expansion of the restaurant without a liquor license and with a
requirement that a parking attendant be in the parking area at all times during
their hours of operation.
Commissioner McNiel noted that when the conditional use permit was approved, the
original plans included a cafe. He stated that upon hearing Commissioner Lumpp's
concerns, he felt the existing parking problem would become a bigger problem if
the restaurant is expanded; therefore, he could not second Commissioner Tolstoy's
motion.
Commissioner Tolstoy's motion failed for lack of a second.
Motion: Moved by Lumpp, seconded by McNiel, to adopt the resolution denying the
modification to Conditional Use Permit 94-09 with a revision to delete the
"without prejudice" verbiage. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
BARKER, LUMPP, MCNIEL
MELCHER, TOLSTOY
NONE
- carried
The Planning
,n recessed from 8:29 p.m. to 8:37
ENVIRONMENTAL ASSESSMENT DEVELOPMENT 95-01 - PRAIRIE PACIFIC
INVESTMENTS - A Development 'eement ~ween the City of Rancho Cucamonga
and Prairie Pacific Investments purpose of providing a senior housing
project in accordance with the ~ior Housing Overlay District (SHOD),
including deviating from cert~ standards, for 158 apartment
units located on the south s~ of Base Road, west of Archibald Avenue -
APN: 208-031-75.
ENVIRONMENTAL ASSES:
INVESTMENTS - A re~
project in the Density Residential designation
acre) with Housing Overlay District (SHOD),
side of Line Road, west of Archibald Avenue - APN:
AND DEVELOPMENT 95-22 - PRAIRIE PACIFIC
!st to construct a 158-unit, story senior apartment
dwelling units per
.ted on the south
2~1-75.
-9- October 25, 1995
Planning Minutes
RESOLUTION NO. 95-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO
CONDITIONAL USE PERMIT NO. 94-09, A REQUEST TO EXPAND THE
CAFE SERVICES WITHIN AN EXISTING SOCCER FACILITY IN THE
GENERAL INDUSTRIAL DESIGNATION (SUBAREA 8) OF THE
INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11200 TACOMA, AND
MAKING FINDINGS ]N SUPPORT THEREOF - APN: 209-471-05.
A. Recitals.
1. Cle Kooiman has filed an application for a modification to Conditional Use Permit
No. 94-09, as described in the title of this Resolution. Hereinafier in this Resolution, the subject
Conditional Use Permit request is referred to as "the application."
2. On the 25th day of October 1995, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
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 fodh in the Recitals,
Pad A, 'of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission during the above-
referenced public hearing on October 25, 1995, including written and oral staff repods, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located at 11200 Tacoma with a street frontage
of 204 feet and lot depth of 296 feet and is presently improved with an industrial building; and
b. The propedies to the nodh and south of the subject site are designated for industrial
uses and are vacant. The propedies to the east and west are designated for industrial uses and are
developed with industrial buildings; and
and
The business activity currently creates parking problems on adjacent propedies;
d. Expansion of the use may create additional impacts on the adjacent properties as
a result of slower turnover rates, inconsistent with the intent of the Development Code.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed use, together with the conditions applicable thereto, will be
detrimental to the public health, safety, or welfare or materially injurious to propedies or
improvements in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 95-51
CUP 94-09 - CLE KOOIMAN
October 25, 1995
Page 2
4. Based upon the findings and conclusions set fodh in paragraphs 1, 2 and 3 above, this
Commission hereby denies the application without prejudice.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIR P5 H DAY OF OCTOBER 1995.
PLANNING C SSION OF THE OF NCHO CUCAMONGA
BY: E. a
ATTEST:--,
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
cedify 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 25th day of October 1995, by the following vote-to-wit:
AYES:
COMMISSIONERS: BARKER, LUMPP, MCNIEL
NOES:
COMMISSIONERS: MELCHER, TOLSTOY
ABSENT: COMMISSIONERS: NONE
RESOLUTION NO. 94-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 94-09 FOR AN INDOOR SOCCER FACILITY, LOCATED
IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 8) OF THE
INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 209-471-05.
A. Recitals.
I. Hannibal Petrossi has filed an application for the issuance of
Conditional Use Permit NO. 94-09 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 27th day of April 1994, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing 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 substantial evidence presented to this Commission
during the above-referenced public hearing on April 27, 1994, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to property located at 11120 Tacoma
Drive with a street frontage of 204 feet and lot depth of 296 feet and is
presently improved with a 23,052 square foot industrial building; and
b. The property to the north of the subject site is industrial,
the property to the south consists of industrial, the property to the east is
industrial, and the property to the west is industrial; and
c. The application contemplates an indoor soccer facility,
including two playing fields, locker rooms, pro-shop, and cafeteria; and
d. The proposed hours of operation are weekdays from 3:00 p.m.
to 11:00 p.m. and on weekends from 9:00 a.m. to 10:00 p.m.; and
e. The proposed use is exclusively for league play and is not
open to the general public.
PLANNING COMMISSION RESOLUTION NO.
CUP 94-09 - PETROSSI
April 27, 1994
Page 2
94-34
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 1 and 2 above, this Commission hereby finds and
concludes as follows:
a. That the proposed use is in accord with the General Plan,
the objectives of the Development Code, and the purposes of the district in
which the site is located.
b. 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.
c. That the proposed use complies with each of the applicable
provisions of the Development Code.
4. This Commission hereby finds and determines that the project
identified above in this Resolution is exempt from the requirements of the
California Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder, pursuant to Section 15061 (b(3) of the State CEQA
Guidelines.
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:
Planninq Division
1)
Approval shall expire, unless extended by the
Planning Commission, if building permits are not
issued or approved use has not commenced within
24 months from the date of approval.
2)
Approval of this request shall not waive
compliance with all sections of the Industrial
Area Specific Plan and all other City
ordinances.
3)
If the operation of the facility causes adverse
effects upon adjacent businesses or operations,
including but not limited to parking, the
Conditional Use Permit shall be brought before
the Planning Commission for the consideration
and possible termination of the use.
4)
Any signs proposed for the facility shall be
designed in conformance with the Uniform Sign
Program for the complex.
PL'{NNING COMMISSION RESOLUTION NO.
CUP 94-09 - PETROSSI
April 27, 1994
Page 3
94-34
5)
Prior to any use of the project site or business
activity being commenced thereon, all conditions
of approval shall be completed to the
satisfaction of the City Planner.
6)
Approval is for a 23,052 square foot indoor
soccer facility with incidental services such as
a cafeteria and pro-shop. The expansion or the
intensification of the use, or change in the
hours of operation, shall require a modification
to the Conditional Use Permit.
7)
A copy of this Resolution shall be attached to
any lease for this space.
8)
The applicant shall restripe the parking lot to
provide the 67 required parking spaces per the
approved site plan on file in the Planning
Division. The 5 additional employee parking
spaces on the west side of the building may be
striped and used for overflow parking but shall
not be counted as required parking.
9)
The approval is granted for indoor soccer league
use only and the facility shall not be open to
the general public.
10)
The hours of operation, except for office
functions, shall be limited to weekdays from
3:00 p.m. to 11:00 p.m. and on weekends from
9:00 a.m. to 10:00 p.m.
11)
Spectator seating shall not be provided, except
as is included in the cafeteria, unless a
modification to this permit is approved subject
to additional parking study.
Fire District/Buildinq and Safety Division
1)
Occupancy of the facility shall not commence
until such time as all Uniform Building Code and
State Fire Marshal's regulations have been
complied with. Detailed plans shall be
submitted to the Rancho Cucamonga Fire
Protection District and the Building and Safety
Division for review and approval prior to
issuance of building permits. The building
shall be inspected for compliance prior to
occupancy.
PLANNING COnMISSION RESOLUTION NO.
CUP 94-09 - PETROSSI
April 27, 1994
Page 4
94-34
2)
Any modification to the approved plans after
occupancy of the building may require additional
review and/or permits from the Fire District and
the Building and Safety Division.
3)
The building will be required to have an
automatic fire protection system (sprinklers).
4)
Flame retardant treatment of the interior finish
and decorations will require proper
certification.
5)
Additional exit illumination with back-up power
may apply after plans are approved and upon
final Fire Department inspection.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 1994.
PLANN O%O~UN OF THE CI OF RANCHO CUCAMONGA
: _
BY E. DakX Barker, '
ATTEST:
I,B/ad Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 27th day of April 1994, by the following vote-to-wit:
AYES:
COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO
CONDITIONAL USE PERMIT NO. 94-09, A REQUEST TO EXPAND THE
CAFE SERVICES WITHIN AN EXISTING SOCCER FACILITY IN THE
GENERAL INDUSTRIAL DESIGNATION (SUBAREA 8) OF THE
INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11200 TACOMA, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-471-05.
A. Recitals.
1. Cle Kooiman has filed an application for a modification to Conditional Use Permit
No. 94-09, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Conditional Use Permit request is referred to as "the application."
2. On the 25th day of October 1995, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said headng
on that date. After concluding the public hearing, the Planning Commission denied the application
through adoption of their Resolution No. 95-51.
3. On November 6, 1995, the applicant filed a letter of appeal within the time limits
prescribed by law.
4. On the 6th day of December 1995, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application and concluded said hearing on that date.
5. 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 substantial evidence presented to this Council during the above-referenced
public hearing on December 6, 1995, including written and oral staff reports, together with public
testimony, this Council hereby specifically finds as follows:
a. The application applies to property located at 11200 Tacoma with a street frontage
of 204 feet and lot depth of 296 feet and is presently improved with an industrial building; and
b. The properties to the north and south of the subject site are designated for
industrial uses and are vacant. The properties to the east and west are designated for industrial
uses and are developed with industrial buildings; and
The business activity currently creates parking problems on adjacent properties;
and
d. Expansion of the use may create additional impacts on the adjacent properties as
a result of slower turnover rates, inconsistent with the intent of the Development Code.
CiTY COUNCIL RESOLUTION NO.
CUP 94-09 - CLE KOOIMAN
December 6, 1995
Page 2
3. Based upon the substantial evidence presented to this Council during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and
2 above, this Council hereby finds and concludes as follows:
a. The proposed use, together with the conditions applicable thereto, will be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the
City Council of the City of Rancho Cucamonga hereby denies the application.
5o This Council hereby provides notice to Cle Kooiman that the time within which judicial
review of the decision represented by this Resolution must be sought is governed by the provisions
of California Code of Civil Procedure Section 1094.6.
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 Cle Kooiman at the address identified in City records.
CITY OF RANCHO CUCAMONGA '
STAFF REPORT
DATE:
TO:
FROM:
BY:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Brad Buller, City Planner
Alan Warren, AICP, Associate Planner
COMMERCIAL LAND USE AND MARKET STUDY
RECOMMENDATION: It is recommended that the City Council receive and discuss the subject
study in anticipation of formulating policies for commercial development within the community.
BACKGROUND: In June of this year, the City Council authorized the development of the subject
study to take a fresh look at the commercial land inventory in relation to the community's current
and future economic base. The study was recently completed and, on November 29, 1995, the
Planning Commission held a workshop to discuss the study's findings and conclusions. Staff will
present an oral report summarizing the issues raised by the Planning Commissioners.
The completed work is now before the City Council with a similar opportunity to have an in-depth
discussion on the study's findings. The consultant, Shant Agajanian, will be present to answer
questions and provide insight into the development of the study. Staff also welcomes any
questions you may have prior to the meeting.
After initial discussion of this item tonight, it would be appropriate to consider scheduling a joint
Planning Commission/City Council workshop to discuss future commercial land use policy direction.
BB:AW/sp
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
December 6, 1995
TO:
Mayor, Members of City Council
Jack Lam, A.I.C.P., City Manager
FROM:
BY:
SUBJECT:
Suzanne Ota, Community Services Manager /
Kathy Sorensen, C.L.P., Recreation Superintedent~
UPDATE ON SKATEBOARD PARK
RECOMMENDATION:
Refer issue to Park and Recreation Commission for review and have the Commission report back
the subcommittee findings.
BACKGROUND:
The City of Rancho Cucamonga officially became involved in the skateboarding issue when the City
Council passed an ordinance regulating skateboarding within the City. Since that time several
meetings both public and informal have taken place on this issue.
The last official action by the City Council was on April 17,1991. Two primary areas of concern
were raised: insurability and safety.
On October 19, 1995, the Park and Recreation Commission discussed skateboarding. The
Commission formed a subcommittee consisting of Commissioners Whitehead and Clopton to go
over the information that staff had compiled, review what other cities are doing, look into the safety
and insurance issues, consider parks wherein a skateboard facility might be feasible and look into
costs to construct. The subcommittee would report back in 90 days.
UPDATE ON ISSUES
Insurance
Currently insurance pools which are used by self insured cities are providing insurance
for "low risk" type of facilities. Not insurable are vertical ramps, half-pipe, and deep
bowls. This is from a letter issued by the City's insurance carrier in 1990. Since 1990
several more municipal skateboard parks have opened and the insurance issue has
expanded some to include more popular facility amenities being insurable. The current
City insurance carrier confirms that the City could be covered for a "low risk" facility
should one be built.
CITY COUNCIL
December 6, 1995
Skate Park
Page 2
Safety Issues
Safety issues have not been directly discussed by staff. However, several cities do have these
documents in place and would serve as good resource tools.
Also in January of 1993 Assembly Bill #2487 became effective. This bill sets forth some
additional protection language which provides legal sanctions on individuals using
skateboard parks that do not use protective gear. This helps limit the exposure by the
cities who adopt ordinances which require the use of safety equipment to use the facility.
Respectfully Submitted,
Community Services Manager
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of City Council
Jack Lam, AICP, City Manager
Suzanne Ota, Community Services Manager
CONSIDERATION OF CITY POLICY
AWARENESS OF YOUTH PROGRAMS
TO PROMOTE
COMMUNITY
RECOMMENDATION
It is recommended that the City Council consider and approve the following City Policy to Promote
Community Awareness of Youth Programs.
BACKGROUND
At its November 15, 1995 meeting, the City Council recognized the importance of promoting youth
programs which reflect the positive accomplishments of young people. It was felt that through
community awareness, residents can become better informed about the many youth programs offered
in the community. This, in turn, can encourage increased youth program participation and
community support for these programs.
Respectfully submitted,
Community Services Manager
SO/kls
cc: Proposed Policy
j
CITY COUNCIL MEETING
CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY AWARENESS OF
YOUTH PROGRAMS
December 6, 1995
Page 2
City of Rancho Cucamonga
POLICY & PROCEDURE
SUBJECT:
CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY
AWARENESS OF YOUTH PROGRAMS
EFFECTIVE: December 6, 1995
GENERAL PROVISIONS
The City's youth population represents the future citizens and leaders of our community. It is
important to recognize and support youth programs to ensure the highest quality of programs and
opportunities for youth.
The City will recognize the accomplishments and efforts of youth programs in a number of ways.
Programs which represent the City on a city, state and national level may be recognized in the
City's Grapevine which is published four times a year. These programs, as well as other youth
programs affecting youth on a community-wide level, may be recognized in the City's public
access Cable Rancho Cucamonga-TV channel.
City staff will endeavor to work with local schools and youth agencies to seek newsworthy youth
program information. Youth agencies can also contact the Community Services Department to
communicate this information.
4. Publication resources are limited. Every effort will be made to accommodate newsworthy
information where space is available.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Duane A. Baker, Assistant to the City Manager
DISCUSSION OF MARKS CABLEVISION RATE ADJUSTMENT AND ISSUES
RELATING TO CABLE REGULATION
RECOMMENDATION
It is recommended that the City Council discuss the matter and provide direction to
staff as appropriate.
BACKGROUND/ANALYSIS
The City has received notification that Marks CableVision is proposing a rate increase
effective January 1, 1996. For most subscribers, the increase will be $2.50 per month.
Concurrent with the rate increase, there will also be a change to the basic cable line
up. Marks will be adding the Disney Channel and Turner Classic Movies to the basic
system. Attached for your information is a memo explaining the changes as well as
letters from Marks Cablevision that are being sent to their subscribers.
After learning of the rate increase, the Cable Subcommittee was very concerned and
wanted the opportunity for the full Council to discuss the issue and take a stand.
Unfortunately, existing regulations do not give the City any authority over this rate
increase.
In the past, the City has discussed adopting a resolution to regulate basic tier cable
rates and related equipment costs as allowed by the Cable Television Consumer
Protection and Competition Act of 1992. At that time, the City Council opted not to
adopt the resolution because the rules do not give us total authority and would
involve increased costs to the City as well as imposing an additional layer of
government on private industry.
If the City Council decided that they would like to consider a resolution adopting the
regulations then staff would prepare the necessary documents and papers to be filed
with the FCC. Please keep in mind, that these regulations do not give the City Council
the authority to deny rate increases. These regulations only give the Council
authority to insure that the rate increase formula established by the FCC is followed.
DISCUSSION OF CABLE TELEVISION RATES AND REGULATIONS
December 6, 1995
Page 2
It takes 30 days to become certified and adopt the regulations prescribed by the FCC.
The City could then begin to regulate. One additional point to consider is the pending
telecommunications legislation before Congress. If some of the legislation being
considered is adopted then cable television would be deregulated and this whole
process would be moot. After discussion, staff will take necessary actions as directed.
Duane A. Baker
Assistant to the City Manager
/dab
attachments
DATE:
TO:.
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
MEMORANDUM
November 15, 1995
Mayor and Members of the City Council ana~~
Duane A. Baker, Assistant to the City M
CABLE TV RATE INCREASE
Staff was informed by Marks CableVision that effective January 1, 1996, they will be
making changes to their system that will result in a rate increase for most
subscribers. Attached are three letters explaining the changes that will be going out
to different classes of subscribers starting on December 1, 1995.
The changes that are being made are to add Turner Classic Movies and the Disney
Channel to the basic package. The approximately 16,500 residents not currently
receiving the Disney Channel will see an increase of $2.50 in their monthly bill. The
2,500 subscribers who are currently paying for the Disney Channel as a premium
channel will see a rate reduction. Finally, the 3,000 residents getting the HBO/Disney
package will see a change in their service and rate. Residents who got this package
received HBO 2 and HBO 3 free. After the change, their monthly charge will be
reduced but they will no longer be getting HBO 3.
The attached letters explain these changes. In addition to the letters, I have also
attached a rate survey conducted by Marks comparing rates and channels offered.
While the comparison looks at similar numbers of channels, it does not mention that
some of the other cable systems offer basic packages with fewer channels that cost
less. I mention that fact to let you know that it is not a basic package to basic package
comparison.
If you have any questions regarding this matter, please let me know. I will be
further discussing these changes with Marks to better understand the methodology
and implications.
/dab
attachments
CC:
Jack Lam, AICP, City Manager
Jerry Fulwood, Deputy City Manager
MARKS CABLEVISION + 90988?4660 P.02
System I City
CABLE RATE SURVEY - NOVEMBER 17, 1996
Basic .. Disney
Channels Included?
Yes
198 ......... t996"
Monthly Monthly Cost Per
Rate Rate wl Tax Channel
COMCAST - Ontario
COMCABT- Uphnd
COMCAST - Fontana
COMCAST - San Bernardino
CHARTER - Riverside
~.,__ .,..is ......., .............- --~:-.. · -
43 Yes $27.95 $29.47 $0.66
43
53 Yes
$27.ge; $29.47
$27.95 $3t .15 $0.63
61 Yes $27.9S $31.85 $0.65
55 Yes
$26,20 $29,34 ._,_..~0_,48....J
MARKS CABLEVISION ~- 90988?4660 P. 02
~3 r~f
D~:.~ber 1, 1995
A Letter to our Valued Customers;
We are pleased to announce that eftcalve January 1, 1996, The Disney Channel will be
added to om L,~tsic channel lineup. The Disney Chinreel offers great programming for
every member of the family. This wholesome family channel has long been our most
requested and most watched premium service, and will now be a valued ct, mpliment to
your basic service.
If you presently hav~ The Disn~ Channel, you will no longer se~ an itemized charge on
your bill, Disney will now be includ~ in your monthly basic service rate. If you do not
currently have The Disney Channel, simply rune to channel 6, anytime on or aRer ltmua~y
l, 1996 and enjoy all the he.qt Disney has to offer.
In addition to The Disney Chimnel, wc will also bc adding Turner Classic Movies lifts
winter to our basic he, up. Turner' s movie library is an unsurpassed collection of all your
favorite old time movies appearing 24 hours a day, COMMERCIAL FREE!
Marks CableVision strives to pro,dde cable television senice at the most reasonable rates
possible, while at the same tirqe ddiveriag the quality programming and ~ervic~ that our
custmners expect. To continue our commitment to improvements in technology,
enhancements in customer service, and our dedication to local education, as well as the
addition of quality programn~ng, o,r .~y.~tem will be adjusting rates for basic service
effective on your January bill.
~ January 1.1996 Variance.
Basic Cable $25.60 $28.10 $2. bO
According to a recent rate comparison survey from nearby cable companies serving San
Bernardino, P'onmna, Ricerside, Ontario and Upland, Marks CableVision costs less for a
comparable basic rackage inelucling Disney per month while providing more basic
channels than any other city.
Although rate increases are never desired, and we understand that there is substantial
competition tbr your entertaimne-m dollar, we L~tieve that our product i,~ stir the bost all-
around value in town.
ely,
Tim K~l!~y
General Manager
Clzi~Ll=~ ]. S .[CIr-i
December l, 1995
A LOIter to Our Valued Customers:
We arc picasod to announce that effective lainare7 1, 1. 996~ The Dimey Charnel will ~ a&~d ~ our ~sio
channel tincur. The Disn~ Chunel o~cts U~t pmgraumu~ for evc~ mem~r ~he famjl3..
wholesome family channel ~s long ~n otw n~st r~ted ~d n~st ~atch~ ~emium ~e. This
nosy ~ a ~lu~ ~mpl~ment to yo~ ~ic m~'i~. ann will
As a Disney suNcr;he.r, you ar~ well awa.¢~ oftlie benea~ts of having The Disney Channel in yottr home.
Our policy at Marks CableVision has been that customers who subscribe to l-ffiO and anofltet premium
$cnqee are entitle.4 to tlh-ee screens of HBO for ~ne tm,-c 0forte. Now that Disr,~- will no longer be a
premium scn,'icc, there will be a change to your bl. BO service.
You will still c~ntmae to receive HBO l and I-[BO 2 al your current monthly ram However. to eonmtue
to rceei ~,e ltlaO 3, you will nced tu ~llbscribe to any one of our other vahe-pneecl ~remitun ~rvices such
as Onemax, Showtime or The Movie Channel By subscribing to one of the tht~ge preeniron charmtin, .,Du
will cc, miaue to re, ech-e I-ilK) 3 free of charge, As a sp,"cial offer to out pre,4ous HBO/Dirmev
subsctibers~ we are offering I-toO l, 2, 3 and The Mo~de Ch~m~el at a redoteA rate of juet $1 ~.93 lea nine
montl~s. Upon the end 0£ this nine month period. your rate ~I! be adjmted ~o $16.95 for three additional
months. at wlfich time it ~11 go to our regular lnonthly price of $19.00.
In addition to the Disney Channel, we will also be adding Turner Cla,t~{c Movieg this winter to eta ba-nc
lineup. Tunic,": movie Ilblary is aft tnkqul~sed collection of all your favorite old time h'lO~ieS
appearing 24 hetffS a day, COMMERCIAL FREE! '
Marks CableVision strives to provide cable television sen'ice at she mo~t reaso~aabl¢ rates p~sible, witlie
at the ~mic time delivering the quail.re programntmg and sen, ice that our caste}reefs exl~-t. To continue
our conmfitment fo impre,'ement$ in technology. enhnncement¢ in etatom®r ~n,ic:e, and our '¢kdlcatlon to
lcrcal t'dueation, aS well as tlle addition of qtlality programming, our system will be adjusting rate~
basic service effective on )'out Janua.ry bill,
Presen. t Jan,,anr 1. 1996 Yafi,an¢._!¢
Basic CaBle $25.60 S28. I0 $2.50
According to a roeeat rate coml~rison s'u.~,ey from nearby cane companies serving San Bernarai ac>,
Fonta,m, Riverside, Ontario and UVland. MarL:s CableVision costs less for a ~,,on,parable baste 13ackagc
including Dtsn~a' pc~ month while provichng more Msic channels than an~.' other city.
Although rate increases arc never desired, and ~,,~ tilldef'sta~.d that titere is substantial con:petition lbr your
entertainment tieliar, we believe that our product is still the best alX-,~rotutd waj ue in toY, n.
Sincerely
Tim Kctlc~'
General Manager
A Letter to our Vsluc<t Cuatomct.,~
We ~m pl~x~d to a~o~ ~mt eft&five J~m~ 1, I~96, ~ ~mcy ~el ~.11 ~ ad~ :o o~ ~sio ~h~nel linaup~ E~c
Di,mey Chonnc] ~ff~ ~t ~,to~mt~tt~ ~u~ ~v~'y m~ of flit ~l.y. 1]'~ whol~ne ~ty c~mel has
most requested m:d most ;~atch~ ~amm sernee, and x~iH now k a valued contpl~m~t ~ ymw ~c ~r~ce.
As a Dis~xcy subscrib:r, you are x~ll axv~e of ~e ~EB of~vin$ The Disn~]' Charnel in yo~ ~,om~. Wi~ ~snc~' at yo~:z
basic' service, alos cmstomcrs ~ ~vz a conve~r ~x will no Io~er n~d it. S~lVly at~cl~ yo~ active able lm~ diettly to
ym~, cable ready TV xet Lot VCR if applicable). You x~ll ¢~ ~ able to a yo~ TV ~ a~c ¢on~ol, aa ~i~ llot r,c~ o~
~nv~rl~r ~x.
~IO~v I~itt a ~onvc~er box i8 no longcr nqm~d, you ~ve ~v~fl options:
! ) Y'ou may elect to keep yax~ ~ ¢onve~u ~>x ~ottt a money d~ge by su~s~b~g to a~e of o~ vak~-pric~ prom:iron
services include, t~O, C~e/na.~ $ho~e m~d The Movie Cha¢l. We ~e c~tty offer~ a s~eiat p~motkmal after
on TIn Movie Chm~l for ~e pf4~ of only $?..00 ~r monax ~be nine mon~s. At a,e ~ of ~is rune monm ~n~ yo~ rate
for this pckage ~11 ~ autotm:i~ly adj~ to $6.~ for ~ atio~l ~¢e moa~ at ~xch trine it ~ilt ~ to otw =cgular
pnee at'
2) You may et~t to k~p yOt~ ~nx'ct~er box v.'iC-t yo~ ~si~ oily ~tce. It h~ lo~ ~a Mm~ C~bk'qtsioas I~l[~y of not
c~xgmg proann sub~rs a ctmve~e m~t~ f~ For ~e t~st c~v~ex b>~ hoover a con~'eaer f~taX [~x &Ca apply
to b~sic only ~nh~rih~. lfyou el~t t~ k~p yo~r conyoffer ~x, ~e6ve en yox~ Jaxxaa~ b[R ~u ~411 k el~'$~ u S~.~
too, flay conv~r fenlal fee ~r ~x. By keep~g ~e ~nv~er ~x, ~u ~ sail ~a~e scess ~o a ~iae ~ay oF Pay-Per-
View amyits and ev~t8 at ~x~ ~ tips.
3) Yo~t may rct~ )~ conw~er ~x ~'~ ~$~ 15 1995 m~a ~ 1, 1996 ~ ei~r of am o~ee
a~D ~ I hllnv~rk- Parlay or 16~ F~dtl Blvd S~te 120
sm~ ~mafli~, CA 92407 Raacho Cucao~ CA 91730
lf~'ou ere ~mabtc to rctm~ ~e conven~ ~x to o;u' o~, we ~ill gladly ~M a sem~a~ to pick it up.
Plea~ all o~ o~ to se~dule a
~ addirma m '~e ~sney Char, hal, ~ ~ill ~ ~ ad~ Tae CIvic Movi~ flus x;iat~ to o~w ~0 ~p. T~ner's
ranvie 1ibTa~T i~ an mtm~ cMloelj.on of all yo~ ~x'ofite old ~e n~6e~ ap~t'm8
FREEW
~rks CableVision s~ivc$ to ~ovMe ~ble televisi~ ~t-viee at ~e mos~ ~abk r~ ~s~bl¢, ~hile at ~ a¢ t~e
delivct~ U~c q~ty pr~r~$g ~d ~ ~at o~ c~t~mrs e~t.
~e¢~i~ogy, eah~cemen~ In ~lom~ sea. ~d o~ d~ca~ to 1~ auoa, as well as ~ a~ztta: ot qu~xty
programrag. ottr system x~ill ~ adjust~g ra~s for ~si¢ s~i~ effusive ~ yo~ la~ bill.
~ Ju$1.1~6 Vae
~ic Cable S25 60 $28.10
F~st Con~c,~¢r Box Cna~ge N/A $1.~ ~.~
(Should yfm d~i& to keep yo~w ~nveaer ~x ~out a ~atm ~-tce)
Ac~ordix~g to a meat rate com~i~a sm'~' ~m n~.y cable com~e~
Onta~io and Upland. Marks C$1eVision ecsks less for a c~m'$1e ~s~c ~c. kege ittcludl:tR D~.$B~' ~mon~ ~Ic pro~idms
more baste chmmel~ ~ $y ~e
,u~o,~gr, rmc mc~a~s t, re never ~3, and we uua~a ~t ~exe i~ ~sx~t~al ~o$iuou for )~ cnt~ztmcnt
doH~, we ~lieve a~m o~ ~ct is still the l~st all-m~md value ~
Sj.ncctcly!
Tim K.glen'
gellocal Mr, anger
CITY OF RANCHO CUCAMONGA
STAFF lIEPORT
DATE:
TO:
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Co' .ncil
Jack Lam, AICP, City anager ,-
LEAGUE POLICY COMMITTEE APPOINTMENTS - 1996
RECOMMENDATION
The City Council consider selecting one or more representatives to serve on the State League
Policy Committes for 1996.
BACKGROUND
We have received correspondence from the President of the Inland Empire Division, League of
California Cities, advising us there are several Inland Empire Division appointments open on the
State League Policy Committees. Please review the attached correspondence for details on the
selection process and the time commitment involved if you are selected to serve on a Policy
Committee. Applications will be accepted from more than one elected official per individual City.
Currently, Councilmembers Curatalo and Williams are the Council representatives to the Inland
Empire Division, League of California Cities. If the City Council wishes to submit names for the
State League Policy Committee, it should do so.
If you have any questions, please let me know.
Respectfully submitted,
Jack Lam, AICP
City Manager
JL/dja
Attachment
League of California Cities
Inland Empire Division
October 27, 1995
p, ECEWED
CiTY OF p, ANCHO CUCAMONGA
ADMtNIS'TRATtON
Nov - 6 1995
7,8,9,1 0,1 1,1 2,1,2,3,4,5,6
Member CIties
Banning
Beaumont
Blythe
Calirneso
Conyon take
Cameclrol CIty
Chlno
Chino HIlls
C<:x3chelk3
Colton
Corotx3 '
Desert Hot
Fontano
Grond Tefface
Hernet
Highlend
Indian Wells
Indio
La Quinto
Lake F.~e
Lomo Undo
MQntCkalr
Moreno Valley
Mumeta
Norco
Ontc~lo
Palm Desert
Pen~
Ranclio Cucamong~
Rancho MIrage
~edlonds
Rlalto
RIverside
Son Bemardino
Son Jaclnto
Temecula
Upland
Yucoll:x3
TO:
FROM:
SUBJECT:
MEMBERS OF THE INLAND EMPIRE DIVISION
PRESIDENT MICHAEL G. WICKMAN
LEAGUE POLICY COMMITTEE APPOINTMENTS-- 1996
As you may know, at the recem Annual League of California Cities Conference
held ixi San Francisco, the General Assembly voted to approve the separation or
Riverside County cities from the Inland Empire Division. Additionally, the
General Assembly adopted a resolution giving League Divisions two representa-
tives per Policy Committee. As a consequence, there are several Inland Empire
Division appointments open on the State League Policy Committees.
As your President, I have the privilege to appoint two representatives to each of
the League's eight Policy Committees. These representatives play an integral role
on the Committees by providing subject matter expertise to the Committees and
by providing information back to Divisions on Committee activities. Attached for
your information is a list.of the Policy Committees and their respective areas of
responsibilities.
Service on a Committee requires a commitment to attend a majority of the four
meetings a year and to absorb travel expenses (normally paid by respective city).
The one-day Committee meetings alternate between the northern and southern
parts of the State and are held on Thursdays and Fridayi, with four Committees
meeting each day. You may serve on more than one Committee, but be sure
you note the meeting day of each Committee on the enclosed Schedule in order to
avoid a conliict. Enclosed for your information is a list of tentative Committee
meeting dates scheduled in 1996.
With few exceptions, our attendance record in the past has been rather dismal. I
am seeking volunteers to represent the newly constituted Inland Empire Divisi6n
at the State League level who are interested in serving on a Committee and Who
will make the time to do so. Active participation on these Committees is
important to all of us, since it is through these Committees that League Policy is
formulated. Applications will be accepted from more than one elected official
per individual City.
(OVER)
Inland Empire Division -2- October 27, 1995
Please prioritize by preference the Committees (one being your first preference)
on the enclosed form on which you have an interest to serve, and sign and remm it
to me by Monday. November 13. 1995.
Enclosures, 3
Administrative Services
LEAGUE POLICY COMMITTEES
Subject Area Responsibilities
This committee deals with administrative activities including election law and administration,
insurance, tort reform. The committee's scope of activities also includes efficiency and internal
organizational structure and administration, the Fair Political Practices Act, the Brown Act, Public
Records and tobacco control.
Community Services
This committee is concerned with the administration of parks and recreation programs, human
services and cultural activities, libraries and the planning and coordination of human services.
F, allgloyee Relation.q
This committee is involved with the many facets of personnel administration, including employee
relations, retirement and workers' compensation issues.
F, nvironmental Quality
Concemed with all aspects of air, water, solid waste, hazardous materials, noise pollution, shoreline
land use as well as problems relating to the supply and distribution of domestic water. In addition,
the committee is concerned with ~:-,. problems and policies, ieiaii~g to ~e supply and di~a-ibu~on of
domestic water, tidelands, and energy.
Housing. Community and Economic Development
Responsible for building regulations and code enforcement, community development, urban
renewal, housing, planning, zoning, incorporation, annexation and redevelopment.
Public Safety
Concerns include fire protection, law enforcement, disaster preparedness and communications.
Revenue and Taxation
Committee is responsible for: finance administration, taxation reform, revenue needs and revenue
sources at the federal, state and local levels.
Transl:~ortation and Public Work.q
Concerned with all aspects of public works and tmmportation including air, bus, automobile,. mass
transit and telecommtmications.
/7/
LEAGUE OF CALIFORNIA CITIES
PRELIMINARY SCHEDULE OF 1996 POLICY COMMITTEE MEETINGS
The dates and tentative locales for the 1996 Policy Committee meetings are listed below.
Committee meetings generally begin at 10:00 a.m. and end by 3:00 p.m. A revised calendar
specifying the locations will be issued at a later date.
Thursday. January 11.1996
Administrative Services
Community Services
Environmental Quality
Transportation and Public Works
Thursday, March 28, 1996
Thursday. June 20. 1996
Thursday. September 5. 1996
JANUARY 11-12. 1996
Northern California
Friday. January 12. 1996
Employee Relations
Housing, Community and
Economic Development
Public Safety
Revenue and Taxation
MARCIt 28-29, 1996
Southem Califomia
Friday. March 29, 1996
JUNE 20-21. 1996
Northern California
Friday, June 21.1996
SEPTEMBER 5 -6, 1996
Southern California
Friday, September 6, 1996
ANNUAL CONFERENCE
Anaheim
Saturday. October 12. 1996
DATE:
TO.'
FROM:
SUBJECT:
December 6, 1995
Mayor and Members of the City Council
Duane A. Baker, Assistant to the City Manager
CABLE COMPLAINT FROM MR. BRAYMER
Mr. Michael Braymer, who lives at 7730 Hyssop, called to say he can't be at tonights
meeting. He wanted to express his opposition in the strongest possible terms the
proposed rate increase by Marks CableVision. Mr. Braymer wants Marks to be
replaced as the cable company serving the City.
E:,EC-O 1 - 1995 11: 58
WhiNemore Enterprises, Inc.
11149 A~row Route
Rancho Cucamonga. Callfor~lla 91730
PH.. 909/980-2452 800/999-2452
P.Ell
November 30, 1995
Dear:
Rancho Cucamonga Ciny'.Council,
We have been a neighbor o~ the U.S. Indoor Soccer Academy
for one year and there has never been a problem with the
facility or manag'ement. We have also registered a soccer
team consisting of emptoyees'.~called "Gol,Cape'~ that plays
at the indoor soccer academy.
It has come to our artenrich that "Kicker's Grill" is under
consideration for a modification to conditional use permit
94-09. We feel .Kicker's Grill" will enhance tiie facility
and make i.t a ~nore pleasant place to brin9 tlle family and
experience the game of soccer.
we support the emergerice of "Kicker's Grill" into this
business cormnunity.
Sincerely,
Bill Whittemore,
presidex~t
CITY OF RANCHO CUCAMONGA '
MEMORANDUM
DATE:
December 5, 1995
TO:
FROM:
SUBJECT:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
AGENDA FOR DECEMBER 6, 1995 - APPROVAL OF A LEASE AGREEMENT
BETWEEN THE JOSEPH FILIPPI VINTAGE CO., INC., AND THE CITY OF
RANCHO CUCAMONGA FOR THE LEASE OF TEN ACRES OF VINEYARD
ON THE CENTRAL PARK SITE AND AN AMENDMENT TO THE LAND
PURCHASE FOR CENTRAL PARK SITE WITH THE LEWIS DEVELOPMENT
COMPANY AND ROSEBUD CONSTRUCTION COMPANY, INC.
Please remove from the Consent Calendar item D-11, Approval of a Lease Agreement Between the
Joseph Filippi Vintage Co., Inc., and the City of Rancho Cucamonga... at the request of the
applicant, Joseph Filippi Vintage Co.
WJO:dlw