HomeMy WebLinkAbout1990/12/19 - Agenda PacketCITY COUNCIL
AGENDA
C1TY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
December 19,1990
Civic Center
Council Chambers
10500 Civic Center Drive
p. :.^.~}:D C:i:,u.i,wagu, vaLiutwa ytv~iu
•M}
city CounCllmembere
Dennis L. Stout, Mayor
William J. Alexander, Couui7member
Charles J. Buquet, Councilmember
Diane Williams, Coanci7mem(xr
Pamela J. Wright, Counoilmemlxr
•t•
Jack Lem, CUy Manager
James L. Markman, City Attorney
Debra J. Adams, Ctty Clerk
City 016ce: 989.1851
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Cify Council Aqenda
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Oecamber 19, 1990 I
All iiue aubmikked for the CLtp Comeil Aqenda must he is
writing. The deadline for submitting tbeee items la Se00 p.a.
on the Nadae sdap prior to kbe warring. The City Clerk's
Officm receives all each irons.
A. CALL Tn oanwe
I. Ro11 Call: Ruquet _, Alexander _, Stout _,
Nilliama _, and Nright
A ARROONC61~Pf8/PRRSmiT'ATIOIIS
~, COamORIGTfON6 PROM TR6 PPar.IC
Tbis is the tine and place fos the general public to addrus
the Cltp Comcil. State law prohibit !be City comcil from
addreatioq nap iswe not previously included oa kbe Aqenda.
The city Comeil way reeei.e tutfaoap and net the mater foe
a aubsequaat wwtiag. Cowat are to M Bailed to five
minutes per individual.
The following Cnneen! CRlaadar ikas are expected to be
routine and non-coatrovsrsial. Thep will be acted upon by tAe
Council st one Liu without disauuion. Anp iku may M
rewvsd by • Comcilmembes or member of the audience for
discuuioa.
1. Approvnl of Mlnuteei November 21, 1990
December 3, 1990
2. Approval of Nerrante, Register Noe. 12/05/90 end 1
12/12/901 aril Payroll ending 12/06/90 for the total
amount of $1.,437,021.83.
3. Apnrovat ~n receive and file c want :nvreiment 6cheduia 11
as of November 30, 1990.
4. Approval of .innitorial Contract (C0 90-156) for City 17
Pncllities.
5. Approval to eu.rplu^ vehicles. 40
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6. Approval to execute Local Agency - stab Heeler 41
Agreement No. STLPP-5420 (CO 90-155) between the City
of Rancho Cucamonga and the State of California, for
Application o! Stall Share Punch for eligible projecb
for the statrLOCal Traneportatlon Partnership 8rogrem
ae defined Dy TDe Ststa of California.
RESOLUTION NO. 90-469 42
A RESOLUTION OP TNB CITY COUNCIL OF THB CITY
OF RANCHO CUCANONGA, CALIFORNIA, AUTHORISING
THE APPROVAL AND EXECUTION OP THP LOCAL
AG&NCY - STATH MASTER AGR%EMENT NO. STLPP-
5620 0ETW%%N T[Di CITY Ol RANCHO CO:AMONGA
AND THE STATE OB CALIFORNIA POR TH8
APPLICATION OF STATE SHAA6 PUNDB POA
%LIGIBLB PAOJECfS POA THE STAIR-LOC11T.
TRANSPORTATION PARTNERSHIP PROGRAM AS
DEPIN60 SY THE STATE Ov CALIFORNIA
7. Approval to execute Program Supplement No. 1 to Local 43
Agency - State Neater Agreement No. STLPP-5420 (W 90-
156) for the State-Local TranepDrtetlon Partnership
Program between the City of Mnaho Cucaawngs and the
Stets of California for the construction of Arrow Route
- Archibald Avenue to Heraasa Avenue ccmaLSting of
Street wlOananq, xraiiic oiyuwi m.v e. Lly`.t L:.y.
Tha supplement sere tAe Stara relmDUraeble portion of
the project at $103,638.00 and the City's portion at
$403,902.00. RelmbursaDla funding frwa Cho Supplement
Agreement shall W deposi[ad to Syeteme Development
Account.
44
RESOLUTION NO. 90-470
A AESOLVTION OP THE CITY COUNCIL OP THE CITY
OP RANCHO CUCAMONGA, CALIFORNIA, AUTHORISING
TH6 EXECUTION AND SIGNING OF PAOOIUM
SUYPLEIQNT No. 1 TO LOCAL AGENCY - STATE
MASTER AGR86MENT NO. 9TLPP-5420 POA TNS
STATE-LOCAL TAANSPOATATION PARTNERSHIP
--rROGRAH FOR iNi COMFLETEC CONSTRUCTION OF
ARROW ROUTE, ARCNIBALD AVENUE TO HEREOSA
AVENUB
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December 19, 1990 3
6. Approval to execute Program supplement No. 2 to Local 45
Agency - State Master Agreament No. STLPP-5440 (CO 90-
157) for the State-Local Tsanaportatlon Partnarahip
Program between the City o£ Rancho Cucamonga and the
State of California for the widening of Arrow Rout east
of Hermosa Avonue to Haven Avenue. The eupplaeient ub
the State reimbursable portion of the project at
536,796.00 and the City~• portion nt $413,766.00 with
the provlclon to increase the City•e portion should the
need arise. RalmburaaDle funding from the Supplement
Agreement shall be deposited to the Syeteme Development
Account.
46
RESOLUTION NO. 90-471
A ABSOLUTION OP TFOC CI TX COVNCIL OB TH8 CITY
OF AANCHG CUCANONGA, CALIFORNIA, AUTHORISING
TFRS BXSCOTION AND SIGHING OB TNH PROGRAM
SUPPLEMENT NO. 2 TO LOCAL AGENCY - STATE
MASTER AGREElD;NT NO. STLPP-5440 POR 1TIE
STATE-LOCAL TRANSPORTATION PARTNERSHIP
PROGIUM POR THH NID8NIN0 08 ARAON ROUTE,
EAST OP HEAMOSA AVBNUB TO HAVEN AVENUE
9. Approval io exacuts Cooperative Agresarnt (CO 90-158) 47
with the city of Ontario for the auintenance of storm
urein rmprovamenv, relate0 to iM Oty Creek Channel
Project, on Fourth 9Lrset fras Intsrstste Route 15 to a
point approximately 500 tact east of Santa Anita Avenue.
This agrssment aria forth the righi• and
reaponaibillt lea pertaining to the maintenance of these
facillt ies with no exohange of funds Wing necaeeary.
10. Approval to exacuis Supplement doted November 15, 1990, 53
to the coat and MaLnNnancs Agreement (cro 90-053)
between tAs City of Rancho Cucamgnga end the Atchison,
Topeka and Santa 8a Railway Company for the proposed
Milliken Avenue Grade Separation at the A.T. a S.P.
Railway Orcasinq deslgnsted PUC No. 4-95.68 north of
Sixth Street.
... Approval 'o axe~u_. a Subordination Agreement for Lot 54
19 cE Tract 7176, located at H406 Orchard Street,
submitted by Clan C. and Gillian P. McMillin.
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RBSOtuxloN No. 90-472 56
A ABSOLUTION OP THS CITY COONCIL OP THB CITY
OP RANCHO CVCAMONGA, CALIPOANIA, APPROVING
A SUBORDINATION AGAEEl~NT PROM GLEN C. AND
GILLIAN P. MC NZLLIN AND AUTNORITING TIB
MAYOR AND CITY CLER% 1b SIGN SAHB
12. Approval of Hap, and Ordering the Annexation to 61
Landscape Maintenance Diairict No. 3 and Street ;!gating
Maintenance District Noe. 1 and 6 fo[ Parcel Ma? 12338,
located at tae northwest corner of Eta street and
Buffalo Avenue, submitted by %enaley-Buffalo Slk, Ltd.
RRSOLUTION NO. 90-473 62
A RBSOLUTION OP TNH CITY COUNCIL OP TH@ CITY
OP RANCHO CUCAMONCA, CALIFORNIA, APPROVING
PARCEL MAP NUMBBR 12338
ABSOLUTION NO. 90-474 69
A RESOLUTION OP TRB CITY COVNCIL OP TI$ CITI'
OP PABCNO CUCAMONGA, GLIFOANIA, ORDERING'
THE ANNEXATION OP CERTAIN TERRITORY TC
LANDSGPE MAINTENANCE DISTRICT N0. 3 AND
~••~+ Brie enan'aaaaaVa U19TRICf NOS, 1
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AND 4
POR
PARCBL NAP 12338
13. Approval to axecu[e Improvement Agreement Extenel~~n for 66
Tract 12462 located on the south aide of Summit !,venue
between Etlwande Avenue and Eaat Avenue, submitted by
Piret Family Homes.
RESOLUTION NO. 90-475 69
A RESOLUTION OF THE CITY COVNCIL OF THE CITY
OP AANCNO CUCAMONOA, CALI-OANIA, APPROVING
IMPROVSlBNT AOREBMENT E%TENSION AND
IMPROVEMENT 9ECVRITY POA TRACE 12462
Id. Approval !O execute Imprave4~ent AyreaaNnt Exisnaion fo[ %~
Tract 13063, located on the seat side a[ Eaat Avenue
betweon Nlghland Avmus end Victoria Street, submit tad
by Cltntlon Builders.
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RBS0LVTION NO. 90-476 72
A ABSOLUTION OF TfB CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING
IMPROVSMENT AOREEMSNT BXTSNSI0N AND
IMPROVEMENT SECURITY POA TIU\CT 130113
15. Approval to execute Improvement Agreement Hxteneion foz 73
Tract 13304, located on the northwat earner of Terra
Vista Parkway and Mountain View Drive, euDmitted by
Lewis Homes.
RESOLUTION NO. 90-477 JS
A RESOLUTION OP THE CITY COUNCIL OP 1'f D/ CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGRHHMHHT HXTENSION AND
IHPROVEMENT SECURITY POA TMCT 13304
16. Approval to execute Improvement Agreement L':tension fot 76
Tract 33566-1, located on the south aide of Summit
Avenue between Hardman Bullock Rond and Cherry Avenue,
eubmittetl by Rockfield Development.
ABSOLUTION NO. 90-478 ~8
A RHSOLUTION OP TAR ~`*mv m•q..._ O, ..... -- r
OF RANCHO CVCAMONOA, CALIFORNIA, APPROVING
IMPAOVBMHNT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY POA TRACT 13566-:.
17. Approval to execute Improvement Agreement Hxtenaion for J9
Tzact 13662, located on the eoutheaat corner of Haven
Avenue and eaee Lina Aoad, aubmltted by Leaiu Homea.
RESOLUTION NO. 90-479 $1
A R830LUTION OF TNB CITY COUNCIL OP TNB CITY
OF RAICHO CUCAMONCA, CALIFORNIA, APPA0{rIN0
IMPROVEMENT AOAHEMERT E%TENSION AHD
IMPROVEMENT SECURITY POR TRACP 13662
1S. Approval to execute Improvement Agreement gxteneion for E2
DR 88-32 Phase 2, located on the south side of Hyeaop
Drive north of 4th street, aubmltted Dy Hyuop
Propert lea.
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R830LUTION NO. 90-450 84
A ASSOLUT ION OP THS CITY COUNCIL OP THS CITY
OP RANCHO CVCAMONGA, CALIFORNIA, APPROVING
ZHPROVBMENT AGRESYSNT EXTENSION AND
IMPAOVENENT SECURITY POR DA 88-32 PHASE 2
19. Approval to execute Improvement Agreement Extension for 85
Parcel Mnp 11341, located on the northeast corner of
Church Street and Milliken Avenus~ eubmiited by Lewla
Developnwnt Company.
87
R850LUTION NO. 90-451
A RESOLUTION OP THE CITY COUNCIL OF THE CITY
OB RANCHO CVCAMONGA, CALIFORNIA, APPROVING
INPROVEMBNT AOABE[gNT EXTENSION AND
IHPAOVEMBNT SECURITY POR PARCEL NAP 11341
20. Approval to execute Improveaeni Agreement Extension for ~
Parcel Mep 31655, located on Devon Street et Rlnlock
Avenuer submitted by Janes O•Er!en.
90
RESOLUTION NO. 90-452
A A830LUTION OP THE CETY COUNCZL OF TNB CITY
vi :vwi~ww uut~wwm.e~ u,u.ifUnaart, arrRUYInO
IMPROVEMENT AGASElBNT EXTENSION AND
IMPROVEMENT SECURITY POA PARCEL MAP 11655
21. App:ovel to execute Improvement Agreement Extension for 91
6737 East Avenue, located on Saet Avenue between Beee
Line Road and Victoria Street, submitted by cereld
Ressler.
RESOLUTION NO. 90-483 94
A RESOLUTION OP THE CITY COUNCIL OF TH% CITY
OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING
INPROVBI~NT AOREElDiNT E%TENBION AND
IMPAOVEl~NT SECURITY POR 6737 BAST AVENUE
22. Approval to accep[ Improvertente, Release of Bonds and 98
Notice o£ Completion foc Traci 9441 end Tract 11609
located an the south Bids of MSLOn Awnue between
Hermosa AvsnW and villa Driw.
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Roleaee:
Phaa
Pa ithful Performance eontl $141,700.00
Labor and MaLerlal Bond $ 70,850.00
Phase 2
Faithful Performance Bond $148,200.00
Labor and Mnterinl Bond $ 74,100.00
Phase 3
'a ithful PerformenCO Bond $252,400.00
i:abor end Material Bond $126,200.00
%I1z«g 4
F'a ithful Performance Bond $ 90,200.00
Labor and Material Bond $ 65,100.00
RESOLVTION NO. 90-484 9~
A RESOLUTION OF TF~ CITY COVNCIL OP THB CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
TFffi PUBLIC IHPROV&MHNTS POR TRACTS 9441 AND
13609 ANO AVTROAIEING THE FILING OP A NOTICE
OF COMPLETION POR THE WORE
-... :,yy....u: L ..eyL imPwvnuauae, nn innee or aenca an0 nn
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Notice of Completion for Tract 11428, locatetl on the
east elde of Center Avenue at Ashford Street.
Release:
Faithful Performance Hood (Street) $ 81,860.00
AcceFt:
Maintenance Guarantee Bond )Siraet) $ 8,186.00
RESOLUTION NO. 90-685 99
A RESOLUTION OF THE CITY COUNCIL OP THE CITY
OP RANCHO CUCANONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS POR TRACT 31428 AND
ArrmuORItINC THE FILING GF n HGT-a Cfi OP
COMPLETION FOR TH8 MORE
24. Approv;:l Lo accept Improveawnte, Releees of Bands sod 100
Notice of Completion for Trect 1]442, locabd on the
northea et corner of Victoria Park Lane and Kenyon Wey.
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Release:
Faithful Peitormance Bond (Street) $612,000.00
Accept:
Maintenance Guarantee Bond (Street) $ 61,400.00
RESOLUTION NO. 90-436 ill
A RESOLUTION OP THE CITY COUNCIL OP THS CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
TEDi PUBLIC IMPROVEMENTS POA TRACT 13642 ANO
AVTNOAIZING TRS FILING OP A NOTICH OF
COMPLETION POR TNB WORK
25. Approval to accept Improvements, Aeleaae of Ronde and 102
Notice of Completion for CUP 87-86, located on the
northeast corner of Foothill Boulevard and Vineyard
Avenue.
Release:
Faithful peitormance Bond (Street) $951,000.00
Faithful Performance Bond $793,000.00
(Storm Drain)
ABSOLUTION NO. 90-487 1~3
A RESOLUTION OP TBE CITY COUNCIL OF THE CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS tOR CUP 87-26 AND
AUTHORISING THE PILING OF A NOTICE OF
COMPLETION POA TN8 WORK
26. Approval to accept Improvements, Release of Bonda and 104
Not lcs of Camplet ion for DA 85-34, located on the north
aide of Civic Center Drive east of Utica Avenue.
Releau:
Faithful Performance Bond (Street) $ 8,500.00
RESOLVTION NO. 90-483 105
A RESOLUTION OF THE CITY CO[INCZL OF 1718 CITY
OP RANCHO CUCAMONOA, CALIFORNIA, ACCEPTING
THE PVBLIC IMPROVEMENTB FOA DR BS-32 AND
AUTHORISING THE PILING OP A NOTICE O- '
COMPLETION PoR THE NOAIC
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27. Approval to release Maintenance Bond for TtaCt 13742, 106
located on the eouthwet corner of Arrow Highway and
Sierra Madre Avenu9.
Release:
Maintenance cuerantes Hond S 7,600.00
28. Approval to accept the Area V Hillside Road Storm Drain, 10)
from Archibald Avenue to the Alta Lama Chsnnel, Contract
90-002, e• epnplste, rslaeee the bonds and authorize the
City Engineer to file a ^NOtice of Completion".
ABSOLUTION NO. 90-489 108
A RESOLUTION OF THE CITY COUNCIL OP THE CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
TNB PUBLIC IMPROVEMENTS FOR THE AABA V
HILLSIDE ROAD STORM DAMN, FROH AACHI BALD
AVENUB TO THB ALTA LOMA CHANNEL, CONTRACT
NO. 90-002, AND AOTNORIEING TNB PILING OF A
NOTICH OP COMPLETION FOR THE WDAE
29. Approval to accept the 19th Street Improvements, from 109
carnelian street to the wet City limits, Contract 4D-
048, as complete, releue tM bonds end authorize tM
City Snginear to file a "Notice of Completion".
110
RESOLDTION N0. 90-490
A RESOLUTION OF THB CITY COUNCIL OP THE CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ACCBPTING
THE PUBLIC IMPROVEMENTS FOR 19TH STREET
IMPROVEMENTS, PROM CAPNELIAN STREET TO THB
WEST CITY LIMITS, CONTRACT NO. 90-046, AND
AVTNORIEINO THE FILING OF A NOTICE OF
COMPLBTION FOR TNB WORT(
30. Approval to accept tM Arrow Route Street Improye:nenb, 111
from Center Avenue to Haven Avsnus, Contract 90-083, as
completer release the bonds and authorize the City
Engineer to file n ^NOtlce of Completion".
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112
PESOLUTION NO. 90-491
A RESOLUTION OP TNS CITY COUNCIL OF TH6 CITY
OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR TFI1; ARROW ROUTE
STREET INPAOVEMBNTS, FROM CBNTER AVENUE TO
HAVEN A•18NVE, CONTRACT NO. 90-OG3, AND
AVTNORI ZING TH6 PILING OP A NOTICE OP
COMPLETION POA THB NORA
31. Approval to accept the Cucamonga elementary school Field 113
Improvements Project, Contract No. 90-095, and
authorizing the filing of a "Notice of Completion".
114
RESOLUTION NO. 90-492
A RESOLVTION OF THB CITY COUNCIL OP THB CITY
OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THB PUBLIC IMPAOVHMBNTS POR TXE CUCAMONGA
ELEMENTARY SCHOOL FIELD INPROVEIUSNT3 PROJECT
AND AVTNORIZINC TlOI PILING OF A NOTICE OF
COMPLETION POA TF@ WORI(
6. CONeQPT ORDINANCE' Q
Luv iU HY4 LYtJ VLYLYiYCwi sere aaY pYYLiC uva range aL Lne tlwe
of first reading. Second readings are •:pseted to be routine
and noo-controversial. Thq rill be acted upon Dp the Council
at oas tiw without diacuuion. The CLEp Clerk will read the
title. Anp items can be revved for discussion.
No Items Submitted.
F. ADVERTISED PVELIC HEARINOB
The following itas haw been advertised aed/or posted ••
public hearinga a required Dp law. The Laair will open the
eeeting to sweive public Leatiswap.
1, CONSIDERATION OP AN APPBAL OP CONDITIONAL H9R PRRMTT IR- 115
"ug`iGM^7T - ^AM•$ FLAC^ - AY eppeai YI Ehv 2i an ning
Commiaelon'e declaion to extend the hours of operation
for nn existing bar and reatnurent located ai the
northwest corner of Cnrnellen end 19th Street in the
Neighborhood Commercial Dletrict - APNt 201-811-56, 58,
59, 60. (COOllaued free Dseenber S, 1990)
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2. CONSI DSRATION OP TIMFS MIIt OR•S APP I ATION FOR A P 140
TELEVISION vv>NCHISS (COAtiaued from DeceaMr S, 1990)
R890LUTION NO. 90-693 143
A R88OLVTION OP THS CITY COUNCIL OP TF~ CITY
OP RANCHO CVCANONCAr CRLIFOANSA, GAGING A
CABLE TELSVISICiN FAANCN ISB 20 TIMES MIRROR
CABLE TELEVISION OF RIVBASIDB COVNTY,
INCORPOMTBD, DHA DIIffiNSION CABLE SERVICES
O. POBLIC REARINOS
The following itgs have ao legal publication or posting
requi;•eaeate. The Cbair will open the acting to reeei~e
publi, Gstfaoap.
No Itt me Submitted.
B. CITY MANAOER'E BTAP- vevmm~e
The Er llowiag itge do not legally require avp public
iastia. np, eltbough the Chair op open the aeetiag for public
input.
1. $~'(NSIDERATION TO AMEND Pt O IN C6 BY ~ 184
$I OVISION AEOUIRING PAY NT POR PUSS CO TSCN
RvlcEs
7• ~ ~SSION qF PROPOSED ACTION P!>N POR OAY LABORER ISSVr SS9
3. 51~iATE REPORT ON THB S BSRNARDINO COUNTY PARR ANO OP f 195
§P1 CB DISTRICT PARTICIPATION PAOCEDV P
d. ~[.'aZDERATION OP AGVggILNT fC0 90 1591 BS SN THS ITY 211
p~ R>NCHO C^J • N A wD TH6 WS IA YON COMPA_.Y
pQ$:AINING TO P>vE DEV6 PENT F66 WITHIN THB VICTOPIA
~~~NSD COMMVN ITY
I. COUNCIL lVSINEaa
The follm lag lips have been requsetsd by the Citp Council
!or dLCm sig. Thep ere voL public hearing 1lga, although
the Chair up opaa the Netiaq for public LapuL.
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1. N
RECREATION COMMISSION (Oral AePor't)
2. REPORT ON CpOICB9 Y0DT9 SERVICES PROGMN ZPO
3. £OLLO37-UP REPORT ON SYCAMORE MOBILE pOME PAP}( (Oral
Report )
yI. IDEMtIfICAT10N O~ ITA/8 fOR NEM MEETIAO
Thin i• the Liu for Cit7 Comcil to identify the 1lwa Lhay
wish to diaeus• at the aert luting. Tbau itae will aoi be
diacuned at this acting, mly idaotifiad for the aert
nesting.
R. CO!lNNICATIONI fAOx TAl PUBLIC
Thin is the lSae and platy for the gaural public !o addrsu
the City Council. BtaG law pmhibila the City Comcil fru
addraasiag any iuue not Dre.ioaaly llclWad m the Agenda.
The City Comcil uy ruaiee laatlwoy sad eat the attar Yor
subaequeat acting. Ca~eaU era Lo W liaited to tiYa
~...usva yer iaoaraaaaa.
L. aDJWRNIRIPl
xeExlxo To ADJOVAx Tn esschxx9! al/aiox TD DIeCVe/ eE11Dix0
LITIOATIOx xITB MAATI ~flIAPAIEEI, IMCOAPOAATED.
I, Debce J. Adams, city Clark of the Clty of RenchO Cucaaanga,
hereby certify that a true, accurate copy of the foregoing
agenda wan poetad on December 14, 1990, seventy-two (74) hours
prior to the meet inq per Guwrnmant Cods 50953 et 10500 Civic
Center Drive.
November 23, 1990
CITY OF RANCHO CUCAHONGA
CITY COUNCIL MINUTEE
Rewlar Heetinc
A. CALL TO ORDER
A regular meeting of the Rancho Cucamonga Clty Council mat on Wednesday,
November 21, 1990, in the Council Chambers of the Civic Center, located at 10500
civic Censer Drive, Aancho Cucamonga, California. The meeting was car led to
ortlaY at 7:29 p.m. 6y Mayor Dennis L. Stout.
Pree¢nt were Councilmembere: William J. Alexander, Deborah N. Brown, Char lee
J. Buquet II, Pamela J. Wright, and Hayoz Denni9 L. 6tout.
Also present were: Jack Lam, Clty Manager; James Mar]m:an, City Attorney; Linda
• Daniel e, Deputy Clty Nanager; Jerry Fulwood, Deputy City Manager; Rick Gomez,
Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Huller, City
Planner; Peul Aougeau, Trnffic Engineer; Rob art 2atterberq, Public Works
Maintenance Manager; Dsn James, St. Civil Bng:.neer; Joe Schultz, Community
Services Director; Jim Hart, Administrative Ss.'vicea Director; Duane Baker,
A893etAnt h0 fhn Olhv MAn mu~~ nt__.~n _ _,___ ~_ „~„ ,,,,,,lf ei u
Mickey, Management Analyei I; Patty Riffel, Exec ut iva`Aeaietant; Chief Dannia
Michael, Aancho Cucamonga Fire Protection District; Capt. Bruce feiner, Rancho
Cucamonga Police Department; and Debra J. Adams, city Cleri;.
w . x . .
B. AHNOVNC6M6MPS/PR68RJT71TIONg
B1, Presentation of Proclamation to School Dietl Lets for 1:heir Participation
Ln the Joint Uee/Development Agreements for Common Pacil itiers.
Mayor Stout made the presentations to the Cucamonga School Di.etrict end Chaffey
Joint Union High School District for their pexticipat ion in the Joint Uea/
Development Agreements for Common Facllitiee.
Councilmember Brown commended Ouane Baker, Aeeiatant to the City Manager, far
hie work on this project.
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® C COIOfUMIGTIOHB -ROM TRB PIJBj,IC
No communication wee made trom the public.
City Council Niautea
November 21, 1990
Page 2
D. CON$BNT CALENDAR
D3. Approval of Minutes: October 17, 1990
D2. Approval of Warrant e, Register Noe. 13/7/90 and 11/14/90; and Payroll
ending 10/25/90 and 11/8/90 for the tctal amount of 52,190,03&.09.
D3. Approval to ra~aive and file currant investment Schedule ae of October 31,
1990.
D4. Approval to authorize the advertising of the ^NOtice Inviting Bida" for
the Monte Vista Median Improvement Project, located east of Eastwood Avenue to
be funded from Beautification Fund, Account No. 21-4647-8932.
RESOLUTION NO. 90-d37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THS "MONT$ VISTA STREET MEDIAN IMPROVSM6NT PROJECT", IN SAID
CITY AND AUTHORISING AND DIRECTING THE CITY CLERIC TO ADVERTISE
TO RECEZVE BIDS
D5. Approval of 8nvironmental Enhancement and Mitigation Program Grant.
• RESOLVTZON MO. 90-438
A RESOLUTION OP TNB CITY COUNCIL OP THS CITY OF RANCHO
CUCAHONGA, CALIFORNIA, APPROVING THE APPT.TI!ATTnN vno n._..,_
FUNDS FOA TH8 ENVIRONMENTAL BNHANCEHENT AND HITIGATION PROGRAM
UNDER THE SECTION 164.56 OP THS STREETS AND HIGHWAYS CODE 1989
FOR THB FOLLOWING PROJECT
D6. Approval of Environmental Assessment and Tentative Tract 14192 - Hix
Development - Submittal of a Resolution confirming a City Council decision made
on November 7, 1990, for en appenl of Planning Commission Conditions for a
proposed residential subdivision of 65 single family lots on 19.7 acres of land
located south of 19th Street between Hellman Avenue and Amethyst Street in the
Low Residential District - APN 202-Ofi1-12, 14, 40, and 40.
RESOLUTION NO. 90-439
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CVCAMONGA, CALZFOANZA, APPROVING A TENTATIVE TRACT MAP, N~1M8EA
141Y2, TO PERMIT A RSSIDBNTIAL 9UBOIVISI0N OF 65 SINGLE FAMILY
LOTS ON 19.7 ACRE9 OF LNND LOCATPD SOUTH of 19TH STREET
EETWEEN HELLHAN AVENUE AND AMETHYST STREET IN THB LOW
RESIDENTIAL DISTRICT AND HARING FINDINGS IN SUPPORT THERBOP
D7. Approval of Summery Vacation of en unused Clty vehicular Acceea Easement
located asst of Milliken Avenue, south of Sixth street.
City Council Minutes
November 21r 1990
Page 3
I
U
RESOLUTION NO. 90-640
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A
CITY VEHICULAR ACCESS BASEMENT
DB. Approval of Summary Vacation of a Sidewalk and Public Dtility Easement
located on the southeast corner of Milliken Avenue and Sixth street.
RESOLUTION NO. 90-441
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
COCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A
SIDEWALK AND PVBLIC UTILITY EASEMENT
D9. Approval to open escrow with Joan V. AggazzotiS, for purchase of land at
11929 Foothill Boulevard, to obtain the street right-of-way for the Traffic
Signal and Street Improvements on Rochester Avenue and Foothill Boulevard for
$59,000.00, plus escrow coats of $3,000.00 to be paid from Syeteme Fees Account
No. 22-4637-&942-4607-4117 and authorize the Director of Community Development
to execute all necessary tlocumente.
• D10. Approval to execute a Release of Aeal Property Improvement Contract and
Lien Agreement for Parcel Nap 11671 located between Fourth and Sixth Streets and
between Pltteburgh and Buffalo Avenues, submitted by Mieeion Land Company.
AHSOLUTION NO. 90-642
A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RELBASINO A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGAHEMSNT FROM MISSION LAND COMPANY
D11. Approval to execute Improvement Agreement Extene ion Eor Tract 12659-1,
located on the southwest corner of Etiwanda Avenue and 24th Street, eubmittetl
by Walton Assoc ietes.
RESOLUTION NO. 90-443
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
E%TENSION AND IMPROVEMENT SECURITY FOR TRACT 12659-1
012. Approval tc 6xfiNie Improvement AOraeSiant Extension for Tracts 32520 ant
13727, located on the southwest corner of Carnelian street and Mighland Avenue,
submitted by Southland Development.
RESOLUTION NO. 90-444
® A RESOLUTION OP THS CITY COUNCIL OP THE CITY OP RANCHO
CUCAMONGA, CALIPORN IA, APPROVINO IMPROVEMENT AGREEMENT
B%TENSION AND IMPROVEMENT 9ECUAITY FOR TRACTS 12820 AND 13727
City Council Minutes
November 21, 1990
Page 4
\I
D13. Approval to execute Improvement Agreement 8xteneion for Tract 13441,
located on the northeast corner oP Vletorie Park Lane and Renyon Way, submitted
Dy Grupe Dtrvelopment.
RESOLVTION NO. 90-445
A ABSOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO
CUCAMONGAr CALIFORNIA, APPROVING IMEROVEMENT AGREEMENT
EXTENSIOH AND Il1PROVBMSNT BBCURITY POR TMCT 13441
D14. Approval to execute Improvement Agreement Extension for Tracts 13748,
13857 and 13858, located on the eouthwe6t cornea of Banyan Street and Milliken
Avenue, submitted by M.7. Brock and Sone, Inc.
RESOLUTION NO. 90-446
A RBSOLUTION OF TN8 CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION ANO IMPROVEMENT SECURITY POA TRACTS 13748, 13857
ANO 13858
D15. Approval to accept Improvements, Aeleeee of Honde and Notice of Completion
. for Tract 13304 Storm Grain located on the northwest corner of Mountain View
Drive and Tei[a Vi eta Parkway.
Aeleeee: Faithful Performance Bond (Street) $616r155.00
n~~. wwi ntwna nce Cuarentee Mond (Street) $ 61,615.00
ABSOLUTION NO. 90-447
A AESOLUT ION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOA
TMCT 13304 S^+OAM DRAIN AND AUTHORI2IN6 THE FILING OF A NOTICE
OF COMPLETION POA THE WOAR
D16. Approval to accept Improvements and Aeleeee of Honde for Tract 13738,
Almond Intercept Channel.
Release: Faithful Performance Bond $$BHr000.00
D17. Approval to accept Improvements, Release of Honde qnd Notice of Completion
for DR 86-27, located on the aoutheeot coznar of Centel Avenue end 7th Street.
Aeleeee: Faithful Performance Rood (Street) S 58,000.00
City Council Minutee
November 21, 1990
Page 5
RESOLUTION NO. 90-448
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AANCH9
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IHPROVE!@NTS FOA
DR 86-27 AND AUTHORIZING THE FILING OP A NOTICE OP COMPLETION
FOR THE WORK
o1H. Approval to accept Improvements, Release of Bonds and Notice of Completion
for DR 88-32 Phase 1, located on the east aide of Hyeeop Drive between 4th
Street and 6th Street.
Release: Faithful Performance Mond (Street) $ 28,560.00
RESOLUTION NO. 90-449
A RESOLUTION OP TNB CITY COUNCIL OF THE CITY OF RANCHO
COCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
DR 88-22 PHAS& 1 AND AUTHORIZING THE FILING OF A NOTICS OF
COMPLETION POR THB NOAR
019. Approval to eccapt Improvements, Release of Bonds and Notice of CompletLon
for Parcel Hap 9416 located on the northeast corner of Haven Avenue and Highland
• Avenue.
Release: Faithful Performance Bond (Street) $135,000.00
Faithful Performance Bond (St Drain) $ 53,000.00
RRROT.IITTON N/1 en-aSn
A RESOLUTION OF THS CITY COUNCIL OF THE CITY OP RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR
PARCEL MAP 9416 AND AVTHORIZING THE PILING OF A NOTICE OF
COHPLET ION FOR THE WORK
020. Approval to accept Improvements, Release of Bonds and Notice of Completion
for 13181 Victoria Street.
Release: Faithful Performance Bond (Street) $ 10,020.00
RESOLUTION NO. 54-451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO
CUCAY,ONGA, CALIFORNIA, ACCEPTING THE PU BLTis TMPRnugMENTE FOP.
13181 VICTORIA STA88T AND AUTHORIZING THE FILING OP A NOT ICS
OP COMPLETION FOR THE WORK
^21. Approval to set a public Nearing to cone ider Times Mirror's application
for a cable television franchlee.
MOTION: Moved by Alexander, seconded by Brown to approve the Consent Calendar.
Notion carried unanimously, 5-0.
City council Minutes
November 23, 1990
Page 6
•
• x • ~ " "
B CONS@Pf ORDINANCES
E1. ENVIRONMENTAL ASSBSS!ffiNT AND DEVSLOPM_gT DI TRICT AMENDMENT 90 O1
SHERWOOD - A request to amend the Development Districts Map from "PC" Flood
Control to ^L" Low Aeeidentlal (2 - 4 dwelling unit per acre) for 1.92 acres
contained within two parcels of land located north and south of an extension cf
Highland Avenue, adjacent to the east end west aides of the Cucamonga Creek
Channel. The City Council will oleo consider "OS" Open Space and ^VL" Very Low
Aea idential (lees than 2 dwelling unite per acre) ae poeeiD le land use
alternatives. The Planning Cormaieeion reco:mnenda approval of Very Low
Residential and issuance of a Negative Declaration. APN: 201-200-37 and 1062-
640-57 and 58.
Debra J. Adams read the title of Ordinance No. 435.
ORDINANCE NO. 435 (eecond reading)
AN OADIBANC6 OP THE CITY COUNCIL OP THE CITY OF RANCHO
CUCAMONOA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT
AMENDMBNT 90-01, AMENDING TIffi DEVELOP)~NT DISTRICTS MAP FROH
O "PC" (FLOOD CONTROL) TO "VL" (VERY LON RESIDENTIAL) FOR TWO
PARCELS CONSIS?ING OP 1.92 ACRES OF LAND LOCATED NORTH AND
SOUTH OF AN fiATSNSION OP HIGHLAND AVENUE ADJACENT TO THS BAST
S IDB OP TH8 CUCAMONGA CAEER CHANNEL, AND MARINO FINDINGS IN
SUPPORT THEREOF
MOT TON: Moved by Alexander, seconded by Btown to waive full reading end approve
Ordinance No. 435. Motion carried unan imouely, 5-D.
w • • ~
E2. ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT DTSTRI C'^ AMENDMENT 89-06 - THE
JANEE GROUP - A request to amend the Development District Map from no zoning
designation to Low Residential (2 - 4 dwelling unite per acre) for 7.94 acres
of lend located at the southeast corner of Milliken Avenue end Vintage Drive -
APN: 225-251-47. State recommends iaeu ance of a Negative Declaration.
Debra J. Ademe read the title o° Ordinance No. 436.
ORDINANCE NO. 436 (eecond reatling)
AN ORDINANCE OP THS CITY COUNCIL OP THE CITY OB RANCHO
CUCAMONGA, CALIFOANIII, APPROVING DEVELOPMENT DISTRICT NO. 89-
06, A REQUEST TO AMEND THE DEVELOPMENT DZETRICTS MAP PROM NO
EONING DESIGNATION TO LON RESIDENTIAL (2 - 4 DNELLING UNITS
PEA ACRE) FOR 7.94 l,CRE9 OP LAND LOCATED AT THE SOUTHEAST
CORNEA OP MILLIRHN AVENOH AND VINTAGH DRIVE, AND HARING
FINDINGS IN SUPPORT TII6REOt
ciey council HSnutee
November 21, 1990
Page 7
MOTION: Moved by Alexander, seconded by Brown to waive full reading and approve
Ordinance No. 436. Hot ion carried unanimously, 5-0.
• : x R
E3. NS 4 ON TO REDUCE TH8 SPEED LIHIT ON ROCHESTER AVENVB BETWEEN
FOOTN ILL BOULEVAAO AND BA58 LINE ROAD
Debra J. Adams read the title of Ordinance No. 437.
ORDINANCE NO. 437 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO
CUCANONGA, CALIFORNIA, SHCTION 10.20.020 OF THE RANCHO
CUCAMONOA CITY CODE, REGARDING PRIHA FACIE SPEED LIMITS UPON
CERTAIN CITY STREHTS
HOT ION: Moved by Alexandez, seconded by Brown to waive full zaading and approve
Ordinance No. 437. Motion carried unanimously, 5-0.
• • • x • R
P ADVBRTIHHD PUHLIC BEARINGS
• P1. CONSIDEPATION OP TA^JIROh^^NTAL ASSESSMENT AND GENERAL PLAN AMENDHENT 9Q-
O1B - PZTASSI /DALNAU A:<CHITSCTS - A raquect to amend the General Plan Land Uee
Hap from Off Lce to Medium Residential (8-14 dwelling unite per acre) for 3.56
..F :nen 1,.rarud ar thw woutheaet corner of Archibald Avenue and church
street. The City will also consider Neighborhood Commercial and Low-Nedlum
Aeeldential ae alternative deeignat Lone. (Continued from Septesber 19, 1990)
AHEND1DiNT 90 02 PITASSI /DALMAU ARCHITECTS - A request to emend the Development
D Leftist's Map from "OP" (Office/Professional) to "H" (Medium Residential, 8-14
dwelling unite par acre) for 3.56 acres of land located at the southeast corner
of Archibald Avenue and Church Street. The Clty will also consider "NC^
(Neighborhood Commercial) sod "LM" (Low-Hedivm Residential) as alteznat lve
designations. (COn[inusd fros 8eplesber 19, 1990)
Mayor Stout stated there has been a request to coot loos this item to work out
terms.
BY ad Bailer, City Planner, stated this would De cons idozcd with the General Plan
cycle.
HOT ION: Moved Dy euquet, seconded by Wright to continue the public hearing to
February 20, 1991. Motion carried unanimously, 5-0.
R • • R R
City Counril Minutes
November 21, 1990
Pegs S
•
F2. CONSIDEMTION TO DBSIGNAT6 MAI STREET AS A PRIVATE STREET AND HXEMPTING
THE ABUTTING PROPERTIES FROM ABOVIREMENTS SET FOATR IN CHAPTER 12 00 OF THE
MUNICIPAL CODE (Continued frw October 17, 3990) Staff report presented by Dan
James, Sr. Civil Engineer.
Mayor Stout opened the sleeting for public hearing. There being no response, the
public hearing was closed.
Mayor Stout asked if the Subconssittee of Councilmembere Euquet and Alexander
were satisfied.
Councilmambers Auquet and Alexander stated yes
RESOLUTION NO. 90-452
A RESOLUTION OF THE CITY COVNCIL OF THE CITY OP RANCHO
CUCAMONGA, CALIFORNIA, D83IGNATINC MAI STREBT AS A PRIVATE
STREET AND E%EMPTIN6 THB ABUTTING PROPERTIE3 FROM RSgUIREMENTS
SET FORTH IN CHAPTER 12.OB OP TH6 MONICIPAL CODE
MOTION: Moved by Buquet, seconded by Alexander to approve Reeolut ion No. 90-
452. Motion carried unanimously, 5-0.
• x x x «
F3. CONSIDERATION TO DESICNAT6 LA SENDA ROAD AND CAROL AVENUE AS PRIVATE
STREETS AND 8%BMPTING THB ABUTTING PROPERTIES PROH RBOUIREK NTS SET FORTN IN
rVamm~n 19 nR ny Tun urm'rrxn ar mny r.nH ......a er _... n,~..l.~- ~ -, _ --
report presented by Paul Rougeau, Traffic Erglneer, who stated that after being
heard before the Public Safety Commission in Novembers some concerns have been
raised by the residents on La Sends which should De dealt with. He added that
after talking with the residents, staff felt they shoo ld not decide at this time
whether ihie should become a private street. He suggested staff meet with the
residents in mid-January, and to continue tae item until staff has met with
them. He recommended the Reeolut ion be removed and to re-advert lee the item for
public hearing when appropriate.
Mayor Stout opened the meeting for public hoaxing. Addressing the City Council
WeYei
Lao Montgomery thanked the City Council and agreed that further
consideration needs to be given beEOre making a decision on making this
6tYe8t pCiVate.
Ratan Montgomery asked that the property owners to the south of La Sends
oleo be notlfied of future meetings because of the drainage eitunt lon
which would affect them.
• Mayor Stout stated everyone would be contacted that this issue affected.
Mayor Stout etete0 the public comments would be cloned.
City Council Hinutea
Nove[pber 21, 1990
Page 9
RESOLUTION NO. 90-453
A RESOLUTION OP THH CITY COUNCIL OP THE CITY OP RANCHO
CUCAMONGA, CALIFORNIA, DESIGNATING LA EENDA ROAD AND CAROL
AVENUE AE A PAIVAT6 STREET AND EXEMPTING TH% ABUTTING
PROPERTIES PROM AEQUIRSlDINTS SET PORTH IN CHAPTER 12.08 OF THE
MUNICIPAL CODS
MOTION: Moved by Brown, seconded by Alexander to remove Resolution No. 90-453.
Motion carried unanimously, 5-0.
MOTION: Moved by Alexander, seconded by BuqueL to continue the item until such
time that all necessary meetings are conducted in order for staff to bring back
a recommendation that can be presented to Council, and that staff develop a
workshop session and invite all those affected In order for them to look at the
plane and give Their input. Motion carried unanimously, 5-0.
R • • • • e
F4. CONSIDERATION TO ABPROGRAH CDSG FUNDS Staff report presented by Duane
Baker, Aseietant to the City Menage[.
• Mayor Stout openeA the meeting for public hearing. There being no response, Che
public heating was closed.
MOTION: Moved by Huquet, seconded by Wright to approve staff's recommendation.
Motion Carr ietl unanimously, 5-0.
R • R R
6. PUBLIC EEARINOS
No items Submitted.
• R • • •
e. CITY MAMAOER•S BTAPP REPORTe
H1. COMMENDATION TO INITIATE
S H R RSS
(Castisue to December B, 199p)
Naycr 3icut etaied Thera io a request to continue this item to Cecemter 5, 1990.
MOTION: Moved by Alexander, seconded by Wright to coot Lnue the item to December
5, 199 D. Motion carried unanimously, 5-0.
• R • • R «
Clty Council Minutes
Noveadaer 21, 1990
Page 10
•
H2. CON N TM6 EN
C I 0 0 0 Staff report
preeented 6y Jack Lam, City Manager.
ASSOLUTION NO. 90-d50
A RHSOLDTION OF TNB CITY COUNCIL OP THR CITY OF RANCHO
CUCANOHGA, CALIFORNIA, AUTEIORI SING AlBINDMENT OP TH8 WRST RNO
COMNUNICATION AOTAOAITY AGASBNBNT TO PERMIT MEMBERSHIP OF TAE
ClIINO RURAL FIRE PROTECTION DISTRICT
MOTION: Moved by Alexander, seconded Dy Buquet to approve Resolution Ao. 90-
454. Motion carried unanimously, 5-0.
• ! • • k !
I1. N A6
TEAM OF BETSY WEZNBBRGER (Oral EepDrt)
Mayoz Stout eteted hs end Councllmember Hrlght set on the interview board in
order to fill the vacancy on the Planning Caamiesion. He added there were a
• number of Lndividusle that would ba qualified to nerve, but that he and
Courcilmenibez Wright ware recommanding Wendy Vel lette.
MOTION: Moved by Brown, seconded Dy Wright to approve the Subcommittee+e
recommendation of Wendv Vellatte. Mori nn ~arri wl a-n-n_i ie........~ .,,,c. c+..~
Councilmember Baguet stated he did not have a prCblem with appointing Wendy
Valletta, but that he was eDeteining until Councilmember-Hlect Williams could
a leo be involved in the appointment and show hex support for Chia selection.
Cauncilmember Wright stated she would like Conunity Services to et ay in touch
with the quality cendidatee and develop a way to keep them involved In the
community. She stated she would like Jae Schultz, Community Services Director,
to develop thi0 type of program and Inform the City Council what he comae up
with.
Hayor stout stated he concurred wtih this euggestlon.
• R h • R h
I2. STATUS AEPORT ON REGIONAL AIR QUALITY PLAN. SAN BERNAADINO COUNTY/CIT IBS -
A etetus report on the development of a Model Regional Alr Qualify 8lement for
San Bernardino County end other cities includlnq Rsncho Cucemongn. Staff report
preeented by Bred Buller, City Planner.
City Council Minutes
November 21, 1990
Page 11
•
Mayor Stout stated his concern wno the idea of lase parking for more people.
He also suggested to Hr. Buller that he suggest that these meetings be held in
the evening Eor those people that work during the day so they might be able to
attend.
MOTION: Roved by Stout, seconded by Buquet to receive and file the report.
Motion carried unanimously, 5-0.
• R R t R R
J• IDBRfItICATIOR Ot IT6W8 POR WETT M86TIN6
J1. Councilmember Alexander asked for a report on expanding the Planning
Commission from five to seven people.
Mayor Stout suggested this come bnek io the Connell in Jnnuary, 1991.
Councilmembar Buquet stated M concurred with Counellmembez Alexander's request
of possibly expanding the Planning Commission. He also stated he felt the
Planning Cosmieeion interviews should be narrowed down to three and then the
entire Council Interview those three for a collective decision. He added he
would also like the consecutive terms of service for Planning commieeionera
• looked ai as well ee all the other Commissions.
R. COlDIDNICATIONa 17tOM TBE PVBLIC
Rl. Lewis Trout, 7861 Leucite, stated he agreed with the expansion of the
Planning Commission to seven members. Ha felt with seven members it would
lessen the burden on the ant ire Planning Commies Ion.
R M . 1 R
The Redevelopment Agency reconvened at 8:19 p.m.
MOTION: Moved Dy Alexander, seconded by Wright to adjourn the Redevelopment
Agency to Szecutive Seeeion tc diecuee pending litigation regarding Tecon.
Motion carried unanimously, 5-0. The meeting adjourned at 8:20 p.m.
MOTION: Moved by Euauwt, aacondod hY Aiexander ro adjourn iho risy rn~yn_it w_
Szecutive Seealon to diecuee pending litigation regarding American Insurance,
Edwards Cinema and Marti Enterprises, Inc., with the Szecutive session
adjourning to a special meeting on December 3, 1990, 7:00 p.m. in the Council
Chambors. Notion carried unanimously, 5-0. The aweting adjourned nt 8:20 p.m.
City Council Minutes
Eovember 21, 1990
Page 12
•
Councilmember Brown respectfully Yequested she not be present in Executive
Session, but that Conncilmem6sr-Elect Diane Williams be included since she would
be dealing with these matters in the future.
Mayor Stout concuYYed.
Respectfully eubmitted,
Debra J. Adams, CMC
City Clerk
Approved:
•
December 3, 1990
CITY OP RANCHO CUCAHONGA
CITY COUNCIL MINUTES
Adio d S Sel Meeti
An adjourned special meetinq of the City Council of the City of Rancho Cucamonga
met on Monday, December 3, 1990 in the Council Chambers of the Civic Center,
located at 30500 Civic Center Drive, Rancho Cucamonga, California. The meeting
was called to order at 7:05 p.m. by Msyor Dennis L. Stout.
Present were Councilmembere: William J. Alexander, Charles J. Buquet II, Pamela
J. Wright, and Hayot Dennis L. Stout.
Absent was Councilmember: Deborah N. Brown.
• f t• R A f
a STaMB or aoe2NEBB NITS RETSAINO COUNCIL
tll. APPROVAL OP RESOLUTION CO~ffiNDING DRBORAH N. KNOWN.
RBSOLVTION NO. 90-655
A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO
CVCAMONGA, CALIFORNIA COMMENDING DEBORAH N. BROWN FOA
HEA SERVICES AS A MEMBER OF THE CITY COUNCIL
MOTION: Moved by Alexander, seconded by Buquet to approve RBBOlut ion No. 90-
455. Notion carried unanimously, 4-0-1 (Brown absent).
L R R f f R
B2. APPROVAL OF RESOLVTION CBRTIFYINO MUNSC14_AI. ELECTION RESVLTS.
RESOLVTION NO. 90-456
A AESOLVTION OP THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA RECITING THE PACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN RAID CITY OF RANCHO CUCAMONGA
ON TNB 6TH DAY OP NOVEMBER, 1990 DBCLARING THB RESULT
THEREOF AND SUCH OTHER MATTERS A8 ARE PROVIDED BY LAN
City Council Minutes
December 3, 1990
Page 2
•
MafION: Moved by Wright, seconded by Alexander to approve Resolution No. 90-
456. Motion carried unanlmoue_~y, 4-0-1 (Brown abeent~.
f • • + t f
C. IT®18 Ot HD$INHH$ WITH HHNLY SLHCTHD OPFICIALB
C1. ADMINISTBAING OATHS OP OPPIC6
Presiding Judge Kenneth G. Liebarth of San Bernard ina County Superior Court
administered the oaths of office to the following:
Dennis L. Stoutr Mayor
Charles J. Huquet II, Councilmember
Diane Will isms, Councilmember
+, x f
C2. SELECTION OF lfAYOA PRO TBMPOAE
MOTION: Moved by Wright, seconded by Buquet to appoint William J. Alexander ae
Mayor Pro Tempore. Motion carried unanimously, 5-0.
• f f f R• R
C3.
Thn fnllnwinn annni ntmwnta wwrw madw to the llat of C./tv Cnuncil auhenmmittwww:
Baldv View Public Private Coalition
Delegate: Dennis L. Stout
City Selection Committee
Oelegata: Dennis L. Stout
e 1 n A
Delegate: Stout Alternate: Alexander
Animal Control ubcommlt[ee
Oelegatee: stout and Buquat
Air Ouellty Menaaement District (AOMD1 Committee
Delegate: Stout Alternate: Alexander
City Council Winutee
December 3, 1990
Page 3
•
California Contract Cit iea Aeeociat ion
Delegate: Stout Alternate: Alexander
Central Park Dee~,gn Subcommittee
Delegaiee: Wright and Williama
C itv Ent rv Nonunient Subeommittee
Delegate: Siout Alternate: Alexander
civtc center Subcommittee
Deleted
Finance Subcommittee
Delegates Buquet Alternate: Wil liame
Pire Di et ri et Treneit ion
Deleted
Park and Recrention Pacil it lee
Delegate: stout Alternate: Wright
Regional Meli Subcommittee
Deleyate: Stout Alternate: Buquet
Reolica Pire Arma Subcommittee
Deleted
S the n Calif ni A6 o Leted Opyg[ me ISCA 1
Delegate: stout Alternate: Williams
cohere of Influence subcommittee
Dalagatea: Stout anc Buquet
AB 939 Solid Waste Teak Force
Delegate: AlexandeY Alternates Nill lama
City Council Minutes
December 3, 1990
Page 4
H in s t Aeid SuD ommittee
Delegates: Alexander and Willieme
inla d 6m ire L awe of C lif r i Citi e
Delegate: Alexander Alternate: Stout
Law Enforcement Steering Committee
Deleted
Law Enforcement Subcommittee
Deleted
Mobile Home Aent Review
Oelegatesx Wright and Alexander Alternate: Williams
Nordic woods Subcommittee
Delegates: Alexander and Buquet
• SANEAC
Delegate: Baguet Alternate: Alexander
Omnitrnne
Delegate: Baguet Alternate: Alexander
R d lonme t M rket'n s b itt
Delegates: Stout and Wright
SO~Sd W ate/ReC 'C11RC 3eDC ittBe
Deletes
Voting Delecete 1990 L ague of Cal ifo Sa Citiee Confe once
Deleted
Cable Tele Lel /mmx:.. a..~.ae a h •.....x.
Delegates: Baguet and Alexander
public Works 9ubc itle
Delegates: Euquet and Nilliame
City Council Ninutee
Decea:ber 3, 1990
Page 5
Soil 8roelon Subcommittee
Delegate: Williams Alternate: Wright
chamber of commerce Reoresentative
Delegate: Alexandez Alternate: Suquet
150th Annivezaarv of the Rnncho
Deleted
Communiiv Boundation Liaison
Delegates: Alexander and Wright
Emetaenev Pteoatednese
Delegates: Wright and Williams
Planninc Comaiaeion
Delegates: 9uquet and Wright
• Rnvironmantal Naracament Commlaaion
Delagateee stout end Wright
public Sefety commission
Delegates: Stott and Alexander
Historic Preservation Commission
Delegates: Alexander and Williams
Park and Recreation Cammieaion
Delegatae: Suquet and Williams
M • • • • f
D. PRSSSNTA^SON¢
D1. 9P-CI r. p n NTATION BY WYNN PAOST
Gwynn Prmt was not present to make the preemtetion.
® • • • w x •
City Council Minutes
December 3, 1990
Page 6
•
No communication was made From the public.
• R • i t
MOTION: Moved by A18xnnder, eaconded Dy Buquet to adjourn. Motion carried
unanimously, 5-0. The meeting adjourned et 7:36 p. m.
Respectfully submitted,
Oabrn J. Adwoa, CMC
City Clerk
Approvedx
1 I I 1
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6
----- CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December .9, 1990
T0: Mayor, Members of the City Council and City Manager
FROM: Jim Hart, Administrative Servi:~es Director
9Y: Joan A. Kruse, Purchasing Agent,
SHBJECT: JAWITORIIL COATAdCT FOA CTTI Fl,CILITI&S
ABCQ!ffiiDATIgI
~, ~.--
- `~
That the City of Aaneho Cucamonga enter into an agreement for janitorial
services with the C1eanServ company for cl<aning and trash disposal of the
Civic Center, including the Public Safety Facility, Lions Park Community
Center, Rancho Cucamonga Neighborhood Center and the service buildings at
Heritage Park.
BACRCA00®
Curing the five months we have occupied cur new Civic Center we have relied on
contract janitorial services for everyday eleaniog and trash dispcsa 1.
Because staff had Deen budgeted to assist wit,v the custodial services for the
new facility, the janitorial sere ice that was caring for the former City Hall
va" m}a1mA nr}il }Fo vha Pri no 6~,v nnmm le}.ed. Thr Rp atOd l•ll 4P,PV SC. P. Wag nOt
staffed to completely service the new facility, therefore, the care of the new
facility has not been at the level staff had hoped for. At the end of
October, the interim staffing approved in this fiscal year and the previous
fiscal year to provide day-to-day maintenance of our facilities was
completed. The short time we have been in our new environment has made us
aware of just what it lakes to "keep it runninE". We Cind that because of the
size of our Duild logs, the sophistication of the menhan Seal requirements, and
the demands in use of meeting rooms, janitorial services cannot be
accomplished with our current complement of employees, if we want to mainta In
the facilities at an acceptable level. Originally, it was indicated that City
staff, supD Semen led Dy a contract janitorial service, could maintain the new
facility. As previously indicated, staff h;3s determinetl this cannot be
accomplished since ue have been in the building and experienced the actual
demands. (Please recall that our budget message for this year referred to
.~,.~ "wa.,. ao,. see" strategy:.
In response to an advertised Bequest for Proposal for custodial services, the
City received bids from eight companies. The b.id was structured to determine
the annual cost for each floor of the Civic Center and Publio Sa fa ty Pac Slily
as cell as the community centers. Addlt tonal ly, Che specification was written
to provide op CSmum levels for the maintenance of our buildings, Including the
washing of windows, meaning of pat to areas, spec Sal care of granite floor,
interior glass, etc. Attached for your information is a copy of the proposal
and specification. The results are as follows:
Staff Report
December 19, 1990
Page 2
Clean Se rv 5123,375.73
Inland 5143,620.28
American Building Maintenance §143 ,151.93*
Spotless 5187,200.00
John Bolin Maintenance 5187,752,00
Prof. American Indian §243 ,510.nn
Servicemaster 5261,804.00
A* §325,914.00
*Window washing was not included.
In order to maintain our buildings at a level of service greater than what we
would have using our own staff, it would be necessary to add an additional 4-5
employees. Given the present budgetary situation, we do not recommend adding
staffing at this time. The increased cost over the current contract amount is
equivalent to, roughly, 1.5 personnel. Current janitorial contract costs (for
a lower level of service) is 565,000. By contrast, the contract, as written,
will provide a higher ievel of service for lesser cost. In this way the
employees we now have (Custodial Supervisor, and three maintenance workers)
would be utilized for the ongoing special attention needs of the building,
minor repairs, everyday demands, painting, meeting room preparation, building
security and general trouble shooting for all City facilities.
the selection of C1 ea nServ was not so ley by the low bid. C1 ea nServ is a
franchise operation, owned by a local family and supported by a nationwide
OrOdOlla+~0~ Cfa ££ hoe nnL n_n .u: £_F 6nFF aA.
franchisee and find that they have a thorough understa nd ing~of~our criteria
and expectations and have a philosophy of service that is consistent with the
City's. Their references check out well. Because this is a young, local
company they exhibit an eagerness to perform, espouse a philosophy that will
allow them to do a fine job, and the corporate backing to succeed. However,
the staff has provided protection for the City, just in case, by a 15 day
notification to terminate the contract if needed. Additionally, the Did as
reflected is for a two year period (single year costs shown), therefore, the
contract costs will not escalate at the end of one year.
The Redevelopment Rgency has budgeted LYe funds to cover the cost of the
service for the remainder of fiscal year 90-91. Funds for the contract are
budgeted in the City and Redevelopment Agency fiscal year 91-92 budgets.
R°s~pfj/ea fu'ly swhmit to
Jim Hart
Administrative Services Director
JHJrs
attachments
18
REQUEST FOR FROPOSAL
CITY OF RANCHO CUCAMONGA
CITY FACILITIES DIVISION
10500 CIVIC CENTER DRIVE
RANCHO CUf.AMONGA, CA 91730
DATE
1951'RBCTIOMS
i. Proposals muat be received in the office of the Administrative Services
Division, 10500 Civic Center Drive, Aaneho Cucamonga, CA 91730 prior to
5:00 p.m. _
2. Submit -copies of your propcsal.
3• Return page 7 signed Nith proposal.
4. All proposa is are to De returned in a sealed envelope or package olearly
marked (Request For Proposal) _ janitorial services and closing
date. Send to:
Rancho Cucamonga City Hall
10500 Civic Center Drive
Aancho Cucamonga, CA 91730
Attn: City Facilities/Dale Ca trop
~. nor runner In rormation, please call hale ca tron at (T 14) 989-1857.
Job ua lk 'ias been scheduled at
Bidders are to meet in the lobby of the Civic Center as noted aDOVe. Three
other locations NS11 6e reviewed in the aequenee presented on page six of this
proposal. (See attached map J Please provide your orm tranaporta tion. Those
eze rc ising the option not co attend 1:he ,job ua lk may cause their Did to De
subject to re Section.
Request for Proposal by competitive negotiation
Aequest for Proposal for Janitorial S¢rvlees for a period of 2 years.
Proposed effective date of contract: DecemDsr t, 1990 through November 30,
7992.
For this quotation to be valid, this
sheet must be signed.
I
Factors to be consideretl in selecting the successful contractor shall include
the following seven background and experience fae tors (with a weighting or 40
percent total for these Pac tors).
A. Length of time in business, type of business license and technical
qua lifioations of firm.
B. Types of faeili ties previously and currently being serviced, location
of build inga 6e ing serviced.
C. Number of employees/number of supervisors in San Bernardino County,
outside San Bernardino County.
D. Types of service performetl (window cleaning, lamps and fixture
cleaning, carpet cleaning, hard floor stripping, sealing and waxing).
E. Local supervisor? Available 24 hours/day by telephone, radio, or
beeper?
F. Training program - experience of personnel.
O. Dependability in past service to City or favorable reference check
showing dependability. Relations with existing accounts.
The other factors to be considered are, (these carry a total weight of 60
percent).
H. Realism of cost estimate (recommended weighting of 30 percent).
Is estlma to adequate to provide supervision, to perform minimum
specified hours, to meet required cleaning standards, to Drovide
specified materials and to enable contractor to meet legal
requirements for Daying wages, taxes, bonding, insurance, and meet
OSHA comp Nance requirements? Does est ima to appear to be either Goo
high or too low for required work as compared with comparable work?
khat impact will this bidder's service have on inspection and other
City costs? Has au tfioient allowance been made in the estimate for
low frequency tasks?
Por this quotation to be valid, this
sheet must be signed.
V7 O
I. How well does 6ldder understand the nature oP the work? (recommended
~:e fighting oP 15 percent)
Can the bidder provide immediate response to correct defective
service? Can regular daytime or noontime service be provided iP
required? Does bidder understand special building needs arising fY~om
Sigh o'_sanli.^.ess stsnd3rds, unu stzsl finish mat>r is ls, extra hnavy
use, night meetings, weekend use or other factors that affect service
levels for the building?
Other considerations which may affect non tract performance (weighting
of 15 percent).
What personnel will be assigned to the building? What o~;her
advantages does the ^idder offer for this ,Job? Who will supervise
the ,Job? What experience does the supervisor have? What custod!.ans
will be assigned to the ,jOb? What is their training experience?
Mhat is their ability to read; understand and speak English? Car.
they speak languages other than English? What experience dces the
bidder have with cleaning buildings similar to this one? Does the
bidder have other contracts in the vicinity of this building? hhat
other contracts is the bidder performing? What are bidder's
prospects Por stabil Sty?
Pequest that bidders provide a brief explanation of their background ;find
ezper ience on ProDOSal Sheet No. 1 and cost estimate on Proposal Sheet No.. 2
i see dbbaunnui• icme .~_ .... .,G ~.....,,,. _„c ..... __. ~~
negotiation on the basis of the we ighted 1,'ac tors listed. '
Insurance requirements
See attached sample agreement.
Bonding
The amount of the bond to be given to secure a Fa ith fltl performnce
of the contract for said work shall be one hundred percent (100',1) of
the contract price thereof, and an additional bond in an amount
Por this quotation to he valid, this
ar cot ~ nh Fo a1~nnA~
equal to fifty percent (50j) of the faithful performance bond for
said work shall be given to secure the payment of claims for any
ma to r is is or supplies furnished for the performance of the work
e ontrao fed to be done by the contractor or any work or labor oP any
kind done thereon. The contractor will also be required to furnish a
certificate that he carries compensation and 1lability insurance
covering his employees upon work to be done under contract which may
be entered Snto between him and the said City of Ranoho Cucamonga.
Attached sample agreement is not be be completed until award is made to
successful contractor.
The complete contract shall consist of and include the following documents,
all of which shall be and are hereby incorporated by reference antl made part
hereof
1. Th Ss Request for Proposal.
2. Attached agreement.
3. Attached spec itications.
For quotation to Ge valid, this sheet
must be signed.
d~
Becccxaa® can xrnxxxencx oe
Length of time in business
License
Type of business
Facilities which you have serviced?
Location of facilities currently served
Dotal No. o." employees
Number of Supervisors
Is daytime service avallaD le?
Ezp la in
Now can you be contacted by day?
Night?
What are the qualifications of the supervisor you will assign to this protect?
Describe any special capaDilit Ses your company has that would enable you to
perform well on this contract.
Por this quotation to be valid, th ie
sheet must De signed.
Employees in San Bernardino County
Number of Supvsrs in San Bernardino County
of
~~
PBOPQSED PNICg
Civic Center and Council Chambers
10500 Civic Center Drive
Upper level
Plaza level
Loxer level
Council Chambers
Public Safety Facility
10510 Civic Center Drive
Plaza level
Loxer level
Rancho Cucamonga Ne ighbcrhood Center
9791 Arrox Rau to
S Der year
$ per year
$ per year
$ per year
year
year
year
Lions Park Community Center
9161 Baseline Road
year
Heritage Park
5546 Beryl
year
City Corporation Yard
9 t53 9th Street
$ Der year
For this Quotation to De va11d~ this
sheet must be signed.
The City of Rancho Cucamonga reserves the right to contract for all or a
portion of the facilities l:.ated 1n Lois proposal.
'C
Improvement Bond
Labor and Material Bond
Bond No.
Premium
WHEREAS, The Clty Council of the City of Aanoho Cucamonga, State of
California, and (^Princ ipal" hereinafter)
have entered into an agreement whereby Principal agrees to install and
complete certain designs tetl public improvements, which said agreement,
dated 1990, and identified as project
is hereby referred to and made a part hereof; and
NHEREAS, under the hcrms of said agreement, Principal is required before
entering upon the performance of the work, to file a good and sufficient
payment bond with the CITY OP RANCHO CUCAMONGA to secure the claims to uh ich
reference Ss made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California;
NOW, THEflEFOflE, said Principal and the untlersigned as corporate surety, are
held firmly bound unto the CITY OF RANCHO CUCAMONGA and all contractors,
subcontractors, laborers, materialmen and other persons employed Sn the
performance of the aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure Sn the sum of
dollars (a ), for ma ter Sala furnished or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding
the amount here inabove set forth, and also in case suit is brought upon this
bond, will pzy, in additior. tc the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by CITY OF
RANCHO CUCAMONGA in succes slL lly enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be inn laded in t.hr
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall !note to the
benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 (commencing with Section 3082) of Part 4 oC Division 3
of the Civil Code, so as to give a right of action to them or their assigns in
any suit brought upon this bond. Should the condition of this bond be iLlly
performed, then this on ligation shall become null and void, otherwise it shall
be and remain Sn full force and effect.
The surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of said agreement or the speeifieations
accompanying the same shall in any manner affect its obligations on this bond,
and it does hereby waive notice of any such change, ex tensior„ alteration or
add itinn.
IN NITNESS WHEREOP, this instrument has been duly executed 6y the Principal
and surety above named, on _ , 19
Principal
Address Surety
~~
Improvement Bontl
Faithful Performance (California) Initial Premium
Bond No.
NHEAEAS, The City Council of the City of flANCHO CUCAMONGA, State of
California, and ("Principal"
hereinafter) have entered into an agreement whereby Princ ipal agrees to
install and complete certain designated public improvements, which said
agreement, dated , 19_, and identified as project
and
hereby referred to and made a part hereof; and
NHEREAS. said Principal is required under the terms of said agreement to
Turn ish a bond fur the .a...,. ~. performs^ce of said agreement;
NON, THEREFOAE, we the Principal and , sa
surety, are held and firmly bound unto the CITY OF RANCHO CUCAMONGA ("CSty^
hereinafter), in the penal sum of
($ ) lawful money of the United States, for the payment of
which sum well and truly to De made, we bond ourselves, our heirs, successors,
executors and administrators, jointly and severally, firmly by these
presents. The condition of this obligation is such that if the above bound
Princ Spal, his or its he it a, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and welt. and truly keep and perform
the covenants, Condit Sons and provisions Sn the said agreement and any
alteration thereof made as therein provided, in his or their part, to be kept
and performed at the time and in the manner therein specified, and in all
respect according to their true intent and meaning, and shall indemnity and
save harmless City, its officers, agents and employees, as therein stipule ted,
then this obligation shall become null and void; otherwise it shall be and
remain in full force and effect.
As a part of the ob ligation secured hereby and in addition to the face amount
Spec ifSed the re l'pr, Lnere snail oe 1nC iuueu w~a ea and , no~unv lc =%:y:.:OL~
fees, including rea sonaD le attorneys' fees, incurred by City in aucceselL Sly
enforcing such obligation, all to be taxed as costs and included in any
judgment rendered. The surety hereby stipulates 2nd agrees that no change,
extension of time, alteration or addition to the terms of the agreement or to
the cork to be performed thereunder or the spec Sflcatlons accompanying the
same shall in anywise affect Sts obligations on this bond, and it does hereby
waive notice of any such change, enters ion of time, alteration or addition to
the terms of the agrement or to the work or to the specifications.
IN NITNF.SS NHEREOF, this instrument has been duly exeeutsd by the Principal
and surety above named, on , 1990.
Princ SOal Address Surety
G
dPPROZIMdYR RDILDIRO SIZBS
dND QIBBA PRRiIRRaT Dd•Id
SROYRR
SQ. POOT6GR RB57ROM3 R046
LIONS PARK 8,400 2
A. C.N,C. 10,500 4
HERITAGE PAAK 2,<^37 2
CIU IC CENTER 9', ,000 16 2
Parking Lot 100 ,OOG
PUBLIC SAFETY 24,000 10 4
Parking Lot (Upper) 20,000
Parking Lot (Lower) 40,000
DECKS, HALKWAYS
Plaza Level - Civic Center, 15,000
P.S. Fac.
Tipper Le vei - Kivu: Gen~er [~,vvir
Corporate Yard 30,000
INTERIOR STAIRWELLS NUhBER
Civic Center 6
Public Safety 3
ELEVATORS N'dMBEq
Civic Center 2
Pub 11c Safety 1
Expansion area not included in this figure
The City of Rancho Cucamonga will provide all trash receD tac le llnera and
paper products, i.e., toilet tissue, paper towels, soap, etc. Bid will be for
services only.
a'
CITY OF RARCBO COCAMORCA
J1RI1'ORIAL SPRCIPICASIORS
taaaLOBg~aaaa
DAILY
Empty all trash receptacles and replace liners as necessary. (Daily at
oan ters.)
Vacuum all carpeted areas.
Vacuum entire granite floor on Plaza level.
Spot clean all walls, light switches and doors.
Using approved spotter, spot clean carpeted areas.
Brush or vacuum furniture.
Dust and spot clean all horizontal surfaces. (Special instructions will be
given for acrylic Fane ls.)
Clean outside of trash receptacles.
Replace light bulbs as needed.
N8861.Y
Dust all chair and table legs and rungs, baseboards, ledges mould ing s> and
other low reach areas.
Mop granite floor with approved cleaner.
Clean all floor mats.
MOR'YfR.I
wst all surfaces above normal reach, including sills, ledges, mouldings, and
shelves, door frames, pic turea. (Special instructions will he given for care
of original art pieces.)
Strip floors and wax in Community Centers.
aauCORRIDOASaaaa
DAILY
Aeplace light bulbs as needed and dust air vents as needed.
Fully vacuum all carpets from wall to wall.
Spot clean all walls, light snitches and doors.
Clean and polish all drinking fountains.
Using approved spotter, spot clean carpeted area.
Clean all floor mats.
Cieen pic lures as needee.
MEEKLY
Damp mop all granite floors.
~~
•+•+IxrRRIOR srelRR®.LS•*++
DAILY
Police for litter.
Spot mop.
WEEKLY
Sweep and wet mop.
MONTHLY
Wash rails.
Spct clean walls.
Strip floors and wax.
++++BLEVAtO1L4*+++
DAILY
Vacuum complete.
Spot clean walls.
Spot clean carpet.
Polish doors and all metal.
Detail clean threshold plates.
WEEKLY
Wash wz lls.
Clear. carpet.
MONTHLY
Extraction clean carpeting
SEMI-ANNUALLY
Nash ceiling.
++++IIBSTRG7lL5++++
DAILY
Clean and ;.snit ize fixtures, mirrors counters, sinks, polish chrome.
Complete sweeping and mopping of floors.
Refill dispensers.
Empty all t^a sh recep taclea and replace liners as needed.
Spot clean :~11 walls, partitions, light switches and doors,
flep lace light bulbs as needed.
MEEKLY
Spot wash all reatroom partitions. ,~ R
SEMI-MONTHLY
Mach'_ne scrub or strip and rec oat all re stroom floors.
MONTHLY
Wash all restroom walls and partitions on both sides.
IDSet ~~. ^. C.'..,.,.
fiff(,.gpgg~~ ppplCggfff•
pally
Empty all trash receptacles and replace liners as necessary. (Inc iudeS
Community Cerrters.)
Dust all horizontal surfaces.
Wash clean all horiaon tai surfaces.
3FOt clean all walls, light switches, doors.
Vacuum all carpeted areas.
Dust all roodu lar partition tops, including tops of desk, light fixtures.
Dust mop all hard surface floors with treated dust mop. (Endust)
Mop all stains and spillages.
Using approved spol.ter, spot clean carpeted areas.
Dust all window ledges recent ion area dividers) in pub lir are=_s Upper Level.
WEEKLY
6 aii ui,a it ape can ie iegs and rungs, Da seboard s, ledges, mouldings and
other low reach greats.
Using a damp mop, mcp entire hard surface area.
Dust all window ledges.
MONTHLY
Dust all surfaces above normal reach, inc ].uding sills, ledges, mouldings,
shelves, door frames, pictures and t'rames.
Dust air vents.
QUAHTEHLY
Vacuum £Lrniture.
C'_can .... ., S:a SS. 'ate: This is an acry iie surface and requires care in
clean ing^produet and cloths used.
faff~iC~9S !ND 6I'fC®~gnggffff
DAILY
Vacuum and spot clean all carpet.
Damp wipe all oa fe teria and lunch room tables, vending machines and microwaves
inside and out.
Empty all trash receptacles and replace liners as needed.
30
Remove all collected trash to designated area.
Damp mop all hard surface floors with treated dust mop.
Mop all stains and sp Slls from hard surface floors.
Spot clean all walls, light switches and doors.
Clean trash receptacles.
flefill soap, towel dispensers.
WEEKLY
Damp wipe chairs.
Vacuum upholstered neat ing
MONTHLY
Strip ti le floor and apply two coats of floor finish.
a~ftCCl~OYEA ROOMa:~~
DAILY
Empty all trash receptacles and replace liners as necessary.
Dust all horlaontal surfaces.
Mop ali stains and spills off floor.
WEEKLY
Spot clean all walls, light switches, doors.
Using a damp mop, mop scrub entire hard our face area.
QUARTERLY
Clean and waz hard surface floor using minimum amounts of water.
•+~sCAAPgSHD AAgs3~~~s
DAILY
Clean all carpeted areas.
WEEKLY
Extraction mean all high traffic areas.
Clean all high traffic areas and any other areas requlr ing cleaning.
SEMI-ANNUALLY
Extraction cleaning oC Police Paeility, Employee Lounge, Hallways, Council
Chambers Community Centers, and any other required areas.
3J
ANNUALL°
Extraction cleaning of all carpet.
+*++DECRS AND BT1'AAIDA S7AIRWl.LS+++•
DAILY
Emo ty all rr=_sh ,_ ~^*_:o lea and replace iiue rs as necessary.
Empty and clean sandy urns and ashtrays.
Damp wipe all tables, chairs, benohes and rails.
Sweep complete.
Soot mop.
Spot clean glass for fingerprints.
Spot clean doors.
WEEKLY
Hose all decks and stairs to street.
Wash and clean all glass doors
QUARTERLY
Machine scrub all decks.
a+aaPAA6ING/GAAIGBS PA0117, NIDDLA AAD ABAA PAiI05 ++++ (P-1, P-2)
DAILY
Empty all trash receptacles and replace liners as necessary.
Empty and clean sand urns.
Sweep elevator landings.
Sweep all patio areas.
WEEKLY
Mop elevator landing
Sweep clean all exterior stairwells
QUARTERLY
Sweep and degrease all parking areas.
Hose down entry ramp to P-1.
++++A3S8l~L7 AND MAATIAC ADM4++++
DAILY
Wet mop floors.
Clean Walls as needed.
Empty all trash receD tae les and liners da Sly.
Clean outside of trash receptacles.
Clean counters and sinks.
Clean cab one is as needed. ~ '1
Replace lights as needed.
FS11 paper towel d~snensera.
WEEKLY
Dust bookshelves.
Clean all floorma ts.
Buff floors.
MONTHLY
Strip and wax floors (once a year totally removing th reshholds and stripping
and waxing beneath them.
a~aaSYORBR00lS~~s~
WEEKLY
Sweep concrete floors.
Wet mop tiled floors.
Clean floor sinks.
MONTHLY
Strip and waz tale floors.
e~r~SOPBRYISIWN„
.^. - .,,. ~-v, ~uuo ei~u, worxing, supervisor Ss to be assigned and be Sn
the ~ouildings,at all times when services are being performed.
33
IGAe@DNVY
This Agreement is made and entered into this , between
the City of Rancho Cucamonga, a Municipal Corporation (hereinafter known as
"CITY") and (hereinafter known as "CONSULTANT').
A. flec itals.
" ; CI1T Yas i,e re tofore expressed ice intent to contract for
professional services with respect to janitorial services to be installed in
the Rancho Cucamonga Civic Center and Public Safety Facility, located at 10500
and 10570 Civic Center Drive, respectively, Rancho Cucamonga NeSghborhood
Center, 9791 Arrow Route, Lions Park Community Center, 9161 Ha.se line Rd., and
Heritage Park, 5546 Beryl, Rancho Cucamonga, those services to be performed
according to exhibit "A" attanhed and by this reference made a part hereof.
(ii) CONSULTANT has heretofore submitted its proposal for the
performance of such services, a f1~11, true and correct copy of which proposal
is attached here io as Exhibit "H" and by this reference made a part hereof.
(iii) CIi7 desires to retain C~SULTABT to perform services
necessary to accomplish the requirements de seriDed in exhibit "A".
(iv) CONSULTANT represents that it is qualified to perform such
services and is willing to perform such ecru ions as hereinafter deft.^.ed.
NON, THHfl~+OAE, It is agreed by and 6e tween CITY and CON30I.TANT as
follows:
U Agreement.
1. Definition: The following definition shall apply to the
following term, except where the context of this Agreement otherwise requires:
(a) Services. The completion of those services and maintenance
requirements described in Exhibit "A" hereto.
2. CONSULTANT agrees as follows:
(a) Cg13ULTANT shall forthwith perform the services in
accordance with Exhibit "A" hereto and all in accordance with Federal, State,
and City statutes, regulations, ordinances and guidelines, all to the
reasonable sa tls faction of the CITY.
(b) CONSULTAN! shall, at CONSOLTANT'3 sole cost and expanse,
secure and hire such other persons as may, in the opinion of C01130L71NT, be
necessary to comply with the terms of thSs Agreement. In the event any such
other persons are retained by CONSSOLTANT, CONSULTANT hereby warrants that such
persona shall be fully qualified to perform services required hereunder.
CONSULTANT further agrees that no subcontractor shall be re to Sned Dy
_1_
3'f
CONSOLTAR except upon the prior written approval oC CITY. All personnel
tLrnished by C0160LTIBY shall be employees of COMSOLTdNT and COI~OLTABT shall
pay all salaries and expenses of, and all federal, social security taxes,
federal antl state unemployment taxes, and any similar payroll taxes relating
tc such employees.
(c) CONSOLTI9T she it provide pc~oper safeguards and shall assume
all risks incurred in performing its service hereunder.
(tl) CClISOLTABT shall be responsible for the direct supervision
of its employees through its designated representative, antl such
representative shall, in turn, be available at all reasonable times to report
and confer with CITY, with respect to services performed.
3. CITY agrees as follows:
(a) To pay CCBSOLTANT a maximum sum of for
servio es listed in Exhibit ^A" for the per tormance of said services required
hereunder. This sum shall cover the cost of all staff time and all other
direct and ind irert costs or fees, inolud Sng the work of emp loyeea,
consultants and suboon tractors to COL40LTAR. Payment to COIISOLTAR', by CITT
shall be made in accordance with the schedule set forth below.
(b) Payments to COYSIfLTAIIT shall be made Dy CTiT in accordance
with the invoices submitted by COIISOLTAlIT, as indicated in RFP, and such
invoices shall be Da id within a reasoraD le time after said invoices are
received by CITI. All charges shall be in accordance with COYSOLTAIYY's
proposal either with respect to hourly rates or lump sum amounts for
lna lv ld Ual La sks,
(c) AddSt ional services: Payments for additional services
requested, in writing, 6y CRY shall be paid on a reimbursement basis in
accordance with the fee schedule set forth in paragraph 3(D), above. Charges
for add it icnal services shall be invoked on a monthly basis and shall be paid
by CRY within a reasonable time after said invoices are received by CRY.
CONSULTANT shall not be paid For any services performed in excess of forty
(40) hours each work week unless such additional hours are requested by CRT
for add Stional services.
CITY agrees to provide to CONSULTANT:
(a) Information and assistance as set forth in Exhlb it "A"
hereto.
5. Termination: This Agreement may be termSna ted by CRY upon the
giving of a written "Notice of Termination" to CCN3ULTAN7 at least fifteen
(15) days prior to the date of termination specified in said Notice. In the
event this agreement Ss so terminated, Cp60LTANT shall be compensated at
CUN30LTANT'S applicable hourly rates es agreed. In no event, however, shall
COSSULTANT receive more than the maxlm~m specified in paragraph 3 (a),
'Z-
35
above. COYSOL7ART may not terminate this agreement except for cause.
6. Notices and De signs tad Aep re senta tivea: Any and all notices,
demands, invoices and written communications between the parties hereto shall
be addressed as set forth in this paragraph. The Purchasing Ageat and the
Custodian Supervisor shall be primarily responsible For the performance by the
parties under this Agreement. Any such notices, demands, invoices and written
communications, by mail, shall be deemed to have been received by the
addressee forty eight (4p) hours after tleposit hereof in the United States
mail, postage prepaid and properly addressed as set forth above.
7. Insurance: CCMSOLTAR shall neither commence work under this
Agreement until it hzs obtained all insurance required hereunder in a company
or companies acceptable to CIT7 NOA SHALE CONSOLTAIPf allow any subcontractor
to commence work on a sutcontract until all insurance required of the
subcontractor has been o0 to fined. COIISIILTAiT shall take out and maintain at
all times during the term of this Agreement the following policies of
insurance:
(a) workers' Compensation Insurance: Before beginning work,
COBSOL7AN7 shall fLrnish to CRS a certificate of insurance for all persons
whom it may employ directly or through subcontractors in carrying out the work
specified herein, in accordance with the laws of the State of California.
In accord anoe with the Provlsior.s of Ca li Tornio Labor Code
Section 3700, every employer shall secure the payment of compensation to this
employees. COMSBLTIPf, prior to commencing work, shall sign and file with
CITY a certification as follows:
^I am aware of the provisions of Section 3700 of the Ca lifornla
Labor Code which requires every employer to be insured against liability for
workers' compensation or to undertake se if insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the D°-rformance of the work of this Agreement."
(b) P_ub lic Liability and Property Damage: Throughout the
term of this Agreement, at COtlSDLTAR'•S sole cost and expense, COBBOLTAgT
shall keep, or cause to be kept, in full force and effect, for the mutual
benefit of CRI and COtlSHLTANT, comprehensive, broad form, general pub lic
llab Slity and automobile insurance against claims and liabilities for
personnel Sn~ury, death, or property damage arising from CO630LSAR'3
activities, prov id Sng pro tec lion of at least Five Hundred Thousand Dollars
($500,000) for bodily in fury ar sea th to aqy one per _ or far any
accident or occurrence and at least One Million Dol lars^ ($1,000,000) for
property damage.
(e) Caneral Insurance flewuireme nts: All insurance required 6y
express provision of this Agreement shall be carried only in responsible
insurance companies licensed to do business in the State of California and
policies required under paragraphs 7. (a) and (b) shell name as additional
-3-
3(0
insured CITY, its elected officials, officers, employees, and agents. All
policies shall non to ir. language, to the extent obtainable, to the effect
that: (1) the insurer waives the right of subrogation against CITY and CITY'S
elected officials, officers, amp loyeea, and agents. (2) the policies are
primary and noncontributing with any insurance that amy be carried 6y CITT;
and (3) they cannot be cancelled or materially changed after thirty (30) days'
notice by the insurer to CITY by certified mail. COMSQLTANT shall flmnish
CITY with copies of all such policies promptly upon receipt of them, or
:;ertifioata evident tog Li,e insurance. C06Li0LTAHI may effect for its own
account insurance not required under this Agreement.
8. Indemnification: COLSULTANT shall defend, indemnity and save
harmless CITY, its ciao tad and appointed officials, agents, and employees,
from all liability from loss, damage or Sn,lury to persons or property,
including the payment by CON30LTA9T of any and all legal coats and attorneys'
fees, in any manner arising out of or incidental to the performance by
C09SDLTA9T of this Agreement, including, but not limited to, all consequential
damages, to the maximum extent permitted by law.
9. Non-Discrimination: No discrimination shall be made in the
employment of persons upon public works because of the race, color, or
rel Lg ion of such persons, antl every contractor for puD lid works violating this
section is subject to all the Dena lties imposed fora violation of Division 2,
Part 7, Chapter 1 of the Labor Cade in accordance with the pro~~isions of
Section 1735 of said Code.
10. Ass iRnment: No assignment of this Agreement or of any part or
obligation of performande hereunder shall De made, either in whole or in part,
Oy IAlN5w4'1'a11T W1thOUt the prior written consent oP C1TI,
11. Independent Contractor: The parties hereto agree that
CON30LTA91' is an independent contractor under this Agreement and shall not be
construed for any purpose to be an employee of CITY.
12. Governing haw: T'n is Agreement shall 6e governed by and
construed in accordance with laws of the State of California.
13. Attorney's Fees: In the event any legal proceeding is
instituted to enforce any term or provision of the Agreement, the prevailing
party in said legal proceeding shall be entitled to recover attorneys' fees
and cents from the opposing party in an amount determined by the Court to be
reasonable.
Entire Agreement: This Agreement supersedes any and all other
agreements, either oral or f.n writing, between the parties with respect to the
sub,jeut matter heroin. Each party to this Agreement acknowledges that no
representation by any party which is not embodied herein nor any other
agreement, statement, or promise not don to toed in this Agreement aha 11 be
valid or Dird ing. Any modification of this Agreement shall De effective only
Sf it is in writing and signed Dy all parties.
-4-
37
IA YIT11B55 iID6AHOP, the parties hereto have executed this
Agreement as of the day and year first set forth above.
CDNSDLTA9S CITE
address
!L~zl3
Deborah J. Adams, Ciiy Clerk
-5-
3g
NOA[gR'S COMP®ISASI09 IlSORA9Cg CRRTIFIGSR
The Contractor shall execute Che following form as required by the Ca liPOrn is
Labor Code, Sections 1860 and 1861:
I am aware of the provisions
requires every employer to be
compensation or to undertake
provisions before commencing
contract.
of Section 3700 of the Labor Code which
insured against liability for worker's
self-insurance in accordance with the
the performance of the work of this
Date
Attest:
ny:
(Signature)
CONTRACTOR
Ry:
(Signature)
-6-
3q
- CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE; December i9, 1940
T^: M~ycr, Members of *.he City Council and City Manaaer
FROM: Jim Hart, Administrative Services Director
BY: Jean A. Kruse, Purchasing Agent
SUBJECT: REQUEST TO SURPLUS VEHICLES
AECOMMENDATION: That the City Council declare as surplus property 13 city
Vehicles and three Dieces of equipment and authorize their sale at public
auction.
BACKGROUND: The City has received replacement vehicles authorized for
purchase in the FY90-91 budget for various City departments. The vehicles
that were replaced and must be Burp lu sed are as follows:
Unit Make/Model Year Se r1a1 Number License Number
227 Chevy/Blazer 1985 1CBC518B4P8143945 E472230
eG l! cry;.')iu..c. 'wi ^°°°f ov wC.pl: ncv Ca 99900
229 Chevy/Blazer 1985 1CSC518BOF8147T82 6472444
312 Chevy/Blazer 1985 1GBC518B3P8147775 E472443
313 Chevy/Blazer 1985 iC8C31ftB8F8144063 E472319
315 Chevy/Blazer 1985 1C8C51ftB4 P8144061 E472228
317 (:hevy/Blazer 1985 1G9 CS18B6P8144059 E4T2225
318 Chevy/Blazer 1985 1GBCS ibB1P8150173 E472569
319 Chevy/Blazer 1985 1CBC518B2F8147766 EE47224
410 Chevy/Blazer 1985 1PTCRtOT1HUA93T95 E48005
710 Chevy/Blazer 1984 1C8C518BKE8153782 E4419T5
650 Pord /C7000 DUmp 1981 iFDPD70VOBV53321 E753990
225 Chevy/$-10 1982 1GC514H8C8160450 E783832
Lely Spreader Tagt24 _E-0108
S/N 839 0904
HE:ster Mouer S/N 00098/30833
Sto^.e M?Y,er AiN 474iinfi i6ffit6D
As we have in the past, arrangement will De made to dispose of these vehicles
at public auction. Ne would be happy to answer any questions you may have.
Respe tfully pnTa R1~tte~
//L~/.i/~~"
Jim Mart ~ O
Administrative Serv Idea Director
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Jerry A. Dyer, Associate Engireer
SUBJECT: Approval and Execution of Local Agency - State Master
Agreement No. STLPP-5420, between the City of Rancho
Cucamonga and the State of California, for Application of
State Share Funds for eligible projects for the State-Local
Transportation Partnership Program as defined 6y The State
of California.
RECOMMENDATION:
It is hereby recommended that the City Council approve and execute the
attached Resolution and the Local Agency - State Master Agreement No.
STLPP-5420 between the Ctty of Rancho Cucamonga and the State of
California for application of State Share Funds for eligible projects far
the State-Local Transportation Partnership Program.
DACKOROUND/ANALYSIS
Attached herewith ere the duplicate original copies of the above subject
Master Agreement No. STLPP-5420. This Master Agreement provides State
Share Funds as approved by the State of California for eligible projects
far the State-Local Transportation Partnership Program defined 1n the
Department aP Transportations Streets and Highways Code, Section 2800 et
seq. The actual amounC of State Share Funds will differ with each
project due to actual funds available and the pro,~eCts estimated or
actual cost. The States portion shown on each program supplement for
each pro,~ect will be Limited to the amount shown, but matching funds may
increase should the need arise.
Respec~tf~u~ll~y sudeitted,
Pte, ~ --
PAR:JAD;Iy
Attachments
RESOLUTION N0. 9D' 7'V'7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONfiII, CALIFORNIA, AUTHORIZING THE APPROVAL AND
EXECUTION OF TIN: LOCAL AGENCY -STATE MASTER AGREEMENT
N0. STLPP-5420 BETNEEN THE CITY OF PANCHO CUCAMONfiA AND
THE STATE OF CALIFORNIA FOR THE APPLICATION OF STATE
SHARE FUNDS FOR ELIfiIBLE PROJECTS FOR THE STATE-LOCAL.
TRANSPORTATION PARTNERSHIP PR06RAM AS DEFINED BY THE
STATE OF CALIFORNIA.
MHEREAS, the Citiy Council of the City of Rancho Cucaagnga
(hereinafter referred to as 'Local Agency"), has for its conslderaLl0n and
execution the Local Agyency - State Master Agree~ent No. STLPP-5420 for the
application of State Share Funds for eligible prWects for the State-Local
Transportation Partnership Progrda as defined by the State of California.
NHEREAS the State of Cstifornta, Oepert~ent of Transportation,
District Office 8 ;hereinafter referred to as `State') processes and axmttors
State Punded pro,Tects; and
NHEREAS, as a condition to payment of State funds for said projects,
the Local Agency shall approve a~ execute said Local Agency -State Nester
Agreement for the State-Local Transportation Partnership Progrme.
NON THEREFORE, the City Council of the City of Rancho Cucanronga
hereby resolve to:
Authorize the Ezecutlon of the Local Aoencv - State Master
Agree~ent No. STLPP-5420 for the application of State Share
Funds for eligible projects for the State-Local Transportation
Partnership Program as defined by the State of Callfornle.
To authorize the Mayor Lo siggn sold Agreement and direct the
City Clerk to attach a certified copy of this Resolution, as
well as Lype in the Resolution nuaber and date in the blanks of
said supplaaont and for the return of the original copies of
sold Agreement to the State of California DepartaKnt of
Transportation elonq with the certified copy of this Resolution.
1°
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Jerry A. Dyer, Associate Engineer
SUBJECT: Approval and execution of Program Supplement Ne. 1 to Local
Agency - State Master Agreement No. STLPP-5420 for the
State-Local Transportation Partnership Program between the
City of Rancho Cucamonga and the State of California for
the construction of Arrow Route - Archibald Avenue to
Hermosa Avenue consisting of Street Nldening, Traffic
Signal and Street Lighting. The supplement sets the State
reimbursable portion of the protect at 5103,638.00 and the
City's portion at 5403,902.00. Relmbusable funding Pram
the Supplement Agreement shall be deposited to the Systems
Development Account.
REC01/EMDIITIOM:
It 1s hereby recomaended that the City Council approve and execute 'the
attached Resotutton that authorizes the execution of program Supplement
No. 1 to Local Agency - State Master Agreement, STLPP-5420 for t:he
State-Local TrensportaLlon Partnership Program and a certified copy of
Suppiement be sent to the~State of~CallforM a for their execution.
BACKGROUND/ANALYSIS
Attached herewith are the duplicate original copies of the above sub,lect
Program Supplement No. 1 to Local Agency - State Master Agreement
STLPP-5420 for the State-Local Transportation Partnership Program.
This program supplement provides the reimbursable funds for the complet[d
Construction of Arrow Route - Archibald Avenue to Hermosa Avenue which
consisted of Street Nldentng, Traffic Signal and Street Lighting. The
supplement sets the State reimbursable portion of the pro~eCt at
5103,638.00 and the City's portion at 5403,902.00. Reimbursable fundin7
from the Supplement Agreement shall be deposited to Systems Development
Account.
Respectfully submitted, ,n~~~~ q~-
PAR:JADay /////''/ 0
Attachments
~3
RESOLUTION N0. 90' `1 70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGII, CALIFORNIA, AUTHORIZING THE E%ECUTION AND
SIGNING OF PROGRAM SUPPLEMENT N0. 1 TO LOCAL AGENCY -
STATE MASTER AGREEMENT N0. STLPP-5420 FOR THE STATE-LOCAL
TRANSPORTATION PARTNERSHIP PROGRAM FOR THE COIVLETED
CONSTRUCTION OF AKRON ROUTE, ARCHIBALD AVENUE TO HERMOSA
AVENUE
WHEREAS, the Lity Council of the City of Rancho Cucamonga
(hereinafter referred Lo as "Local Agency"), has for its consideration and
execution the Program Supplement No. 1 to Local Agency - State Master
Agreement No. STLPP-5420 for the State-Local Transportation Partnership
Program authorizing reimbursement of State Share Funds for the completed
construction of Arrow Route, Archibald Avenue to Nervosa Avenue; and
WHEREAS, the State of California, Department of Transportation,
District Office 8 (hereinafter referred to as "State") processes and monitors
State funded pro,)ects; and
WHEREAS, as a condition to reimbursement payment of State Share funds
for said projects, the Local Agency shell approve and execute said Program
Supplement No. 1.
NOM TNEREFORE, the City Council of Lhe City of Rancho Cucamonga
hereby retol ve to:
1. ,,",C t,`,ar':: `,`,c CX2tuti ui, uT ~,uy, w" auyyi e,"enl nu. 1 iV LOGaI
Agency - State Master Agreement No. STLPP-5420 for the
State-Local Transportation Partnership Program for the
reimbursement of State Share Funds for the completed
construction of Arrow Route, Archibald Avenue to Henaosa Avenue
1n the Ctty of Rancho Cucamonga, San Bernardino County.
2. To authorize the Mayor to sign said Supplement and direct the
City Clerk to attach a certified copy of Lh1s Resolution, as
well as type to the Resolution number and date in the blanks 1n
the third block of said supplement and Por the return of the
original copies of said Supplement to the State of California
Department of Transportation along with the certified copy of
this Resolution.
~~
n....v n,... , ..n..n n. rn , .,nwrn ,
STAFF REPORT
DATE: December 19, 1990
T0: City Councii and City Manager
FROM: Paul A. Rougeau, Acting Deputy C1ty Engineer
BY: Jerry A. Dyer, Associate Engineer
SUBJECT: Approval and execution of Program Supplement No. 2 to local
Agency - State Master Agreement No. STLPP-5420 for the
State-Local Transportation Partnership Program between the
City of Rancho Cucamonga and the State of California for
the widening of Arrow Route east of Hermosa Avenue to Haven
Avenue. The supplement sets the State reimbursable portion
of the protect at 536,796.00 and the City's portion at
f213,766.00 with the provision to increase the City's
portion should the need arise. Reimbursable funding from
the Supplement Agreement shall be deposited Into the
Systems Development Account.
It is hereby recommended that Lhe City Council approve and execute the
attached Resolution that authorizes the execution of Program Supplement
No. 2 to Local Agency - State Master Agreement for STLPP-5420, for the
State-Local Transportation Partnership Program and a eertlfted copy of
aaiu neSul olio.. 'l cry ::!t` t.".: ° ^^!°~! p•1n1na1 rnplPS of the executed
Supplement be sent to the State of California for their execution.
BACKGROUND/ANALYSIS
Attached herewith are the duplicate original copies of the above subject
Program Supplement No. 2 to Local Agency - State Master Agreement for
STLPP-5420 for the State-Local Tr4nsportation Partnership Program.
This program supplement provides for reimbursement from the State for a
portion of construction costs associated with the Nidening of Arrow Route
east of Hermosa Avenue to Naven Avenue. The supplement sets the State
portion of the project at f36,796.00 and the City's portion at
5213,766.00 with the provision to increase the City's portion should the
need arise. Reimbursement portion would be deposited into the Systems
Development Account. This protect has been constructed but has not yet
been accepted by the Engineering Division or City Council as complete.
Respectfully submitted, /1~~~~
d//I"/ uti-
PAR:JAD:Iy
Attachments ,/
`f .~
RESOLUTION N0. 90 . ' f ~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND
SIGNING OF PROGRAM SUPPLEMENT N0. 2 TO LOCAL AGENCY -
STATE MASTER AGREEMENT N0. STLPP-5420 FOR THE STATE-LOCAL
TRANSPORTATION PARTNERSHIP PROGRAM FOR THE WIDENING OF
ARROW ROUTE, EAST OF TO NERFpSA AVENUE TO HAVEN AVENUE
WHEREAS, the City Council of the City of Rancho Cucamonga
(hereinafter referred to as "Local Agency"1, has for its consideration and
execution the Program Supplement No. 2 to Local Agency - State Master
Agreement No. STLPP-5420 for the State-Laa1 Transportation Partnership
Program authorizing reimbursement of State Share Funds for the completed
Construction of Arrow Route, Archibald Avenue to Hermosa Avenue; and
WHEREAS, the State of California, DepartaenL of Trensportatlon,
District Office 8 (hereinafter referred to as "State') processes and monitors
State funded projects; and
WHEREAS, as a condition to reimbursement payment of State Share funds
for said projects, the Local Agency shall approve and execute Bald Program
Supplement No. 2.
NOW THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolve to:
Authorize the Execution of Program Supplement No. 2 W Local
"yv'r~b) ~ J1N Yi iwatci ny~aewe„L NV• iiLrr-~YLV rur sne
State-Local Transportation Partnership Program for the
reimbursement of State Share Fund for the completed widening of
Arrow Route east of Hermosa Avenue to Haven Avenue in the City
of Rancho Cucamonga, San Bernardino County.
To authorize the Mayor to sign said Supplement and direct the
City Clerk to attach a certified copy of this Resolution, as
well as type 1n the Resolution number and date 1n the blanks 1n
the third block of said supplement and for the return of the
original copies of said Supplement to the State of California
Department of Transportation along with the certified copy of
this Resolution.
~/
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
TO: City Council and City Nanager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Dan James, Senior Civtt Engineer
SUBJECT: Approval to execute Cooperative Agreement with the City of
Ontario for the maintenance of storwl drain improvements,
related to the Day Creek Channel Protect, on Fourth Street
from Interstate Route 15 to a point approximately 500 feet
east of Sarta Anita Avenue. This agreement sets forth the
rtghts and responsibilities pertaining to the maintenance
of these facilities with no exchange of funds being
necessary.
RECOMMEIOIITION:
It is recommended that the City Council approve the subJect agreement
with the City of Ontario and authorize the Mayor to execute the same.
BACKGROUND/ANALYSIS
As part of the Day Creek Channel Protect, stone drain fac111ttnv am
wrrentiy tieing installee in fourth Street from Interstate Route 15 to a
point approximately 500 feet east of Santa Anita Avenue. The water
runnoff collectcd by these facilities are mainly from Rancho Cucamonga
with a small portion from Ontario. The limits of the maintenance
responsibility of each City is outlined 1n the agreement and depicted on
the attached Exhibit "A" consisting of flue sheets. Exthange of funds is
not necessary for this agreement or aRy future maintenance.
Both the City oP Rancho Cucamonga and the City of Ontario will mutually
benefit by Lhe tnstallatton of the stony drain facilities and Dy setting
forth the rights and responsibilities pertaining to the maintenance.
Respectfuily submitt/ed,
tn...
~a~C~GG
PAR:DJ:dlw
Attachments
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BY RANCHO
CuCAMoNCA
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paui A. Rougeau, Acting Deputy City Engineer
BY: Jerry Dyer, Assotlat+_ Engineer
SU&IECT: Approval and Execution of Lhe Supplement dated November 15,
1990, to the Cost and Maintenance Agreement between the
City of Rauho Cucamonga and the Atchison, Topeka and Santa
Fe Railway Campariy for the proposed Milliken Avenue Grade
Separation et the A.T. A S.F. Railway Crossing designated
PUC No. 2-95.68 north of Sixth Street.
RECOMMENDATION:
IL 1s hereby recoaaaended that the City Council approve and execute the
attached Supplement to the Cost and Maintenance Agreement.
BACKGROUND/ANALYSIS
Attached herewith are the duplicate original copies of the above sub,~ect
Supplement to the Cost and Maintenance Agreement.
This supplement provides for the City's written approval of work
associated with relocating a spur track, as well as the estimated cost
thereof, which A.T. A S.F. deems to be incidental to, and necessitated
by, the construction of the Milliken Avenue underpass in accordance with
the Cost and Maintenance Agreement between the City and AT 8 SF.
Estimated cost of said work in the amount of f44,551.00 is to be
performed by A.T. b S.F. forces and reimbursed by the City for the actual
cost of said additional work.
Respectfully submitted. /1~~\ (/
PAR:JAO:Iy /J/'/
Attachment
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Judy Acosta, Engtneertng Technician
SUBJECT: Approval of a Subordination A remaent for Lot 19 of Tract
7176 located at 8406 Orchard Street, submitted by 61 en C.
Mc M1111n and 61111an P. Mc Mi111n
RECONMEIDATION:
It is retamaa!nded that the City Council adopt the attached resolution
approving said Subordination Agreement and authorizing the Mayor and City
Clerk to sign same.
BACKGRWND/ANALYSIS
A lien agreement was approved by City Council on May 7, 1981, for the
construction of off-site improvements at 8406 Orchard Street.
In order to secure financing for their project, the lender requires that
..~ L~c° ~......,.....~ n..nti,..aj..~.a ~n 11.ne 1n favor of ih~ lanAor. 61 en
C. and 611111 an P. Mc Millen have submitted the attached Subordination
Agreement for City Council approvai.
Respectfully submitted, n~/~/
/Jl'/ 4/l~
PAR:JM:dI w
Attachments
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NCN~EERNG DIVISION
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rinE:
EXF~IT•
RESOLUTION N0. GtJ ~ ~ 72-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGII, APPROYIN6 A SUBORDINATION AGREEMENT FROM 6LEN
C. AND GILLIAN P. NC MILLIN AND AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN SAME
NHEREAS, a Real Property Iaprovewtent Contract and Lien Agreeexsnt for
the installation of off-site street ta~proveetents along Orchard Street was
npMyye126y19B1~, Instrmaent N~o. 81 1040121ana~ orded in San Bernardino County
NHEREAS, for the developer to secure financing for the project, the
lender requtres that the above-aenttoned 11en be subordinated to the 11en in
favor of the lender; and
NHEREAS, the developer has sudelttxd a Subordinate Agreeaent to that
effect for the C1ty's approval and execution.
NON, THEREFORE, BE IT RESOLVED by the C1ty Council of the C1ty of
Rancho Cucaiwnga, Callfornta, that said Subordinate Agredaent be and the saaw!
are hereby approved and the Mayor 1s hereby authorized to sign said
Subordination Agreerent on behalf of the City of Reecho Cucawtonge, aM the
City Clerk attest thereto.
~-~1 LO
.1
S v0orAgm[
(ENG)
SUgORDIRATtON AGREEME7IT
NOTICE: THIS SU80ROINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AND LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR
LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made this day of ,19_
by cien c. a ciilian McMillin owner of the lard hereinafter described and
hereinafter referred to as "owner" and the C1ty of Rancho Cucamonga
hereinafter referred to as "City", owner and holder of the certain Real
Property and Lien Agreement hereinafter referred to as "LSen Agreement •.
YITNESSETH
THAT WHEREAS, 1fie Real Property inprovenwnt Contract and Lien Agreement
dated May 7, 1981 covering:
we iy oc ~Eracc /1/O, nap tl0oK vl, vagea y~ and 96 being a auhdivision of
Lot 1, Block 18 of Cucamonga tionw!atead Association, Recocda of San Bernardino
County, (APN 1061-701-19)
to secure the construction of off-site improvements
which was recorded ~7ev 12, 1981 in the Official Records of
San Bernardino County, State of California; and
WHEREAS, owner Aas executed a deed of trust and note in the sum of
7VO hundred end twenty thousand_and 00/100 ($220,000.00)
dated in favor
of world Bovines hereinafter referred to
as "lender", payable with interest and upon the terms and conditions described
therein, which deed of trust is to be recorded concurrently herewith; and
1
.-.) 7
WHEREAS, Tt is a condition precedent to mak log said loan that sa ld deed of
trust last above mentioned shall unconditonally De and remain at all times a
lien or charge upon the land hereinbefore described, prior and superior to the
lien or charge of the Lim Agreement; and
WHEREAS, lender is willing to make said loan provided the deed of trust
securing the same is a lien or charge upon the above described property prior
to superior to the lien or charge of the Lten Agreement and provided that City
will specifically and unconditionally subord mate the lien or charge of the
Lien Agreement to the lien or charge of the Geed of trust in favor of Lender;
and
WHEREAS, it is the mutual benefit of the parties hereto that Lender modify
said lc an to owner; and City is willing that the deed of trust securing the
same shs11 constitute a Hen or charge upon said land which fs unconditionally
prior to superior to the lien or charge on the Lien Agreement.
NON, THEREFORE, 1n consideration of the mutual benefits accuring to the
parties hereto and other valuable consideration, the receipt aid sufficiency
of which consideration is hereby ackrrowledged, and in order to induce Lender
~.... _. __.~ •. ,t i. I~~..A,• Aa~Lnul mA~,.«nnA anA
LV IINV III LAIC IVY~• uVV,c •.r•~r~• , ~• , ~. ~.
agreed as follows:
(1) That said deed of trust securing said note in favor of Lender
and any renewals ar extensions thereof, shall unconditionally
be and remain at all times a lien or charge on the property
thereto described prior and superior Lo the lien or charge of
the Lien Agreement.
(2) That Lander would not make its loan above described without
this subordination agreement.
2
58
(3) That this agreement shall De the whole and only agreement with
regard to the subordnat ion of the lien or charge of the Lten
Agreement to the lien or charge of the deed of trust in favor
of Lender above referred to and shall supersede and cancel,
but only insofar as would affect the priority between the deed
of trust and Lien Agreement any prior agreements as to such
subordination including, but not limited to, those provisions,
if any, contained in the Lien Agreement wh lch provide for the
subordination of the lien or charge thereof to another deed or
deeds of trust or to another mortgage or mortgages.
The City declares, agrees and acknowledges that:
(a) He consents to and approves all prov is loos of the note and
deed of trust in favor of Lender above referred to by that
certain mod iftcat ion agreement by and between Qvner and
Lender, dated
(b) He intenttonaily and unconditionally waives, relinquishes and
subordinates the lien or charge of the Lten Agreement in favor
ui the iien or cnarge upon said 1aM of the deed of trust in
favor of Lender above referred to and understands that in
reliance upon, and in consideration of this waiver,
relinquishment and subordination specific iaans and advances
are being and will be made and as a Dart and parcel thereof,
specific monetary and other obligations are being and witl be
entered into which Mould oat be made or entered into but for
said reliance upon this waiver, rellnqulSMaent and
wbardtnatton; and
3
~!
(c) An endorsement has been placed upon the Lien Agreement that
said Lten Agreement has by this instrument been subordinated
to the iten or charge of the deed of trust in favor of Lender
above referred to.
NOTICE: THIS SUDOROINATION AGREEMENT CONTAINS A PROVISION NHICH ALLONS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO 0 THIN A LOAN, A RORTIQI 6F
NHICH MAY BE EXPENDED FOR PURPOSES OTHER THAN ~AT F THE D.
y
DATE
Glen L. ekriillin
Gillian P. MGfillin
OATS
ALL SIGUTUIES IUST !E IIOTAIIIFD
4
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INYOIt
CITY CLERIC
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STAFF REPORT
DATE: December 19, 199G
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Phillip Verbena, Assistant Engineer
SUBJECT: Approval of Nap, and Ordering the Mnexatton to Landscape
Maintenance District No. 3 and Street Lighting Matntenance
District Nos. 1 and 6 for Parcel Map 12338, located at the
northwest corner of 6th Straet and Buffalo Avenue, submitted by
Kensley-Buffalo Six, Ltd.
RECOMR.IDATION
It is recommended that the City Council adopt the attached resolutions
approving Parcel Map 12338 and ordering the annexalton to Landscape
Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 end
6 and authorizing the City Clerk to cause said map to record.
ANALYSIS/BACKGROUND
Parcel Map 12338 was approved by the Ptannfng Commission of Apr11 25, 1990,
iur :tK d':'.:!c^. ^~ ti.78 acres of land into 4 parcels in the General
Industrial District, located at the northwest corner ur otn St-~ ::^^_ 9!!~ialn
Avenue.
The Consent and Naiver to Mnexation form signed by the Developer 1s on file
in the City Clerk's office. The C.C. 8 R.'s, including the reciprocal Dorking
conditions has been reviewed by the City Attorney and will ba recorded along
with the Parcel Map.
Respectfully submitted, /~~ /\
PAR:DV:JM:dlw
Attachments
lQ I
RESOLUTION N0. 90- ~'3
A Itl:SOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CULANONGA, CALIFORNIA, APPROVING PARCEL NAP NU6BER 12338
WHEREAS, Tentative Parcel Map Ni/iber 12338, subadtted by Kensley-
Buffalo Six, Ltd. and consisting of 4 percelgsg, Located at the northwest
landetnto 4tparcerls wasdapproved b9 the~Planntn9 dCoa~dssion of3the City off
Rancho Cucmaon9a; and
NHEREAS, Parcel Map Nunber 12338 is the final awp of the diviston of
land approved as shown on said Tentative Parcel Map; and
NHEREAS, all of the requtreuents established as prerequisite to
approval of the final leap by the C1ty Council of Bald C1fy have new been aet.
NOiI, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA
approved a dVthetCtfy En9lneerelsMeuthorizedlto presentdsawe thesCounty
Recorder to be filed for record.
e~
RESOLUTION N0. 9~.. ~ ~7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNE1fATI0N OF
CERTAIN TERRITORY TO LANDSCADE MAINTENANCE DISTRICT N0.
3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6
FOR PARCEL IMP 12338
NHEREAS, the City Council of the City of Raneho Cucamonga,
California, has previously famed 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 dl5trtct known and designated as Landscape Maintenance
District No. 3, Street Lighting Maintenance District No. 1 and Street Lighting
Maintenance District No. 6 (hereinafter referred to as the "Maintenance
District"); and
NHEREAS, 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
MHEREAS, 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
NHEREAS, all of the owners oP property wt thin the territory proposed
to be annexed to the Maintenance District have flied M th the City Clerk their
written consent to the DDroposed annexation without notice and hearln or
f111na of an Enainoar'e "kwnnri" 9
NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLONS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this legislative baQy hereby orders the annexation
of *_he proper as shown 1n Exhibit "A" and the work program areas as
described 1n Exhtbtt "B" attached hereto to the Maintenance District.
SECTION 3: That all future proceedings of the Maintenance District,
lncluding}lie Tevy of all assessments, shall be applicable to the territory
annexed hereunder.
Cv3
•A'
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 3
STREET LI~~'FITIN(i MAINTENANCE DISTRICT NOS. i AND 6
CITY OF RANCHO CIiCAMONGA
CAtlNTY OF SAN BERNARDINO
PARCEL MAP 12338
SPATE OF CALIFORNIA
EXHIBIT •B•
PROJECT NAME: PARCEL IIAP 12338
N0. OF D.U. OR ACREAGE: 13,78 ac N0. OF ASSESS. UNIT: 27.56 assess units
pcl 1: 4.99
pcl 2: 1.97
pcl 3: 1.41
pcl 4: 5.41
73:75 ac
STREET LIGHTING MAINTENANCE DISTRICT
No. of L s to be Annexed
District No.
1 --- --- --' --- ---
6 8 --- ___ ___ ___
LANDSCAPE MAINTENANCE DISTRICT
Ea~umLY iurr 8reund Cover Trees
District No. Street Naak Equest.Tra11 Sg• ft• Se, ft. Ea.
3 6th St. --- --- --- 7
1/2 a~edlan island 12,500 15
JM:12/19/90
~S
M1iTTl l1i.T D ., \i!~[ilT l~, ilk 11l l11,/~
STAFF REPORT
,.
DATE: Decegber 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Act/ng Deputy City Engineer
9Y: Steve M. Gilliland, Publtc Norks Inspector II
SUBJECT: Approval of Isprovesent Agreesent Extension for Tract 12462
located on the south side of Susan Avenue between ELlwanda
Avenue and East Avenue, subsltted by First Fasily Hoses.
RECOMIEMDATION
It 1s recosaended that the City Council adopt the attached resolution,
accepting the subJect agreesent extension and security and authorizing
the Mayor and City Clerk to sign sa14 agreesent.
ANALYSIS/BACKGROUND
Isprovea«•nt Agreeaw'nt and Iagrovesent Security to guarantee the
construction of the ppuublic lsprovesents for Tract 21462 were approved by
the Cfty Council on Novea~Der 16, 1989, to the folicn+ing aawunts:
dal url Yi ier lu,I~a1Kb oanu. j~:,i,i,Gu.w
Labor and Material Bond: 5175,800.00
The deveioper, First Fasily Hales, is requesting approval of a 12-aanth
extension on said inryrovesent agreenknt. Copies of the baproveaw;nt
Agreeaent Extension are avalleble 1n the City Clerk's Office.
Respectfully subsltted,
Gw'~
PAR:SMG:Iy
Attachwents
~~
'`'!. ~~.1\!!I i 11! -\ it '
`invemcer 19, 155v
arty of fiancho Cucamonga
luSGG Civu venter Duvc
fiancho Cucamgno a, C. a., 51736
Attn: 6teve Gi;lvlantl
Suntect: -Tact M 12962 ~ Hxpiration of Improvement Agreement
Dear St PV@,
Furst Family Homes is requesting a one year @xtension to the inprovewent
aq reement Eor Tract X12962. A[ this time, the folloving lusts of itewe Tana in
uniinisn ed: final course of paving, k 6 R vor k, fencing for the horse trails,
a vneel cnalr ramp, dead tree renovals, entl a curb and gutter proDlen across e
telephone vault.
The inspector for the puDlsc vorka told our fluperintentlent to put the ti ral
course of pavement end do the R A R cork after a nalott ty of the nerves are
occupied. At tNa tiwl, none oS the hones ere gCCUpie~]. finer of or a, ve a:o vavt vnq
to fvnish this rock.
we ;ust recently resolved a prooiew u~i. ~ ....~. :c __ __'^^<o v,rnin the horse
trails, vhich held up the installation ofc the fencing. The Senci nq viil be
installed vn the near future.
we nave a unvque prob law vvth one of the rneel chair ramps and are vavt inp -`-:
dvrecuon from the City Engineer in@ Department on nor to proceed.
Due to unknorn reasons Iconsiruction, drought, disease 1, some of the trees along
Sunnit Avenue have dial. We plan on renoving thee@ treefl ae necessary in the near
future
And finally, the curb and gutter in Summit Avenue crosses an existing telephone
vault. Presently re are Tor king out a solution vith the phone cowpany to resolve
this,
675 W. MoolN1161vC., 9ulte 100. flareawml. Calltornla 91711 •1714162Rd9i9 • EdX 17W16'Z5.0.73$
f21
Uue to the sl ov tlorn an the economy, ve cannot anticipate the timing of occupancy
for the homes. Therefore, re are asking for one year evtent:on.
Enclosed is a check for 5251.00 and three copies of the Improvement Agreement
Form per your requeai.
I appreciate your cooperation in this matter, and of you nave any questions.
please contact me at 71~-626-1979.
Sincerely,
t/ ~~~2~~ ~/"'u1
Nacneue Ue Nert
Director of Planning d En9aneerang
W
RESOLUTION N0. 90- ~'7~j
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMDN611, CALIFORNIA, APPR04ING IMPROYEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12462
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1990, by First Family Homes a5 deveioper, for the
Improvement of public right-of-way a4lacent to the real property specifically
described therein, and generally located south side of Summit Avenue between
Etiwanda Avenue and East Avenue; and
WHEREAS, the installation of such Improvements, described in said
Improvement Agreement and subiect to the terms thereof, is to be done in
con,lunction with the development of said Tract 12462; and
WHEREAS, said Improvement Agreement Extension 15 secwed and
accompanied by good and sufficient Improvement Security, which is 16lntifled
1n said Improvement Agreement Extension.
NOM, THEREFORE, the City Council of the City of Rancho Cw:amonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be ertd the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the Ctty Clerk to attest thereto.
x
&'
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 6, 1990
T0: City Councii and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Steve M. 6tlltland, Public Norks inspector I>~
SUBJECT: Approval of Improvement Agreement Extension for Tract
13063, located on the east side of East Avenue between
Htghland Avenue and Victoria Street, submitted by Citation
Builders.
RECOMMENDATION
It is recommended that the City Council adopt the attached recolutian,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
ANALYSIS/BACKOROUNC
Improveieent Agreement and Improvement Security to guarantee the
construction of the public tmprovaments for Tract 13063 were approved by
the City Council on January 5, 1989, in the following amounts: {{
Faithful Perforwenee Bond: 5908,000.00 I
Labor and Material Bond: 2454.000.00
The developer, Citation Builders, is requesting approval of a 12-month
extension on said improvement agreement. Copies of the improvement
Agreement Extens/on aro available 1n the City Clerk's Office.
Respectfully submitted, ,n~~
PAR:SMGay /~'Lll~_',`,C///J °ugCGb^~-
Attachments 0
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DEC G 3 19~ D
D
CI1V Of RANCNU CUGMONGa
EN.!NEERINC DIVIS!oN
November 29, 1940
Mr. Steve Gilliland
Public Works Inspector
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CF 91729
Re: Improvement Agreement - Tract 13063
Dear Mr. Gilliland:
We request a one year extension to the Improvement Agreement for Tract 13063.
While we are substantially complete (the remaining improvements are primarily
sidewalks in front of lots on which we have not yet built homes), there are
still improvements which are "house" oriented and which we would like to defer
while we await better market conditions to sell our uD-scale homes.
As you know, sales of homes in our upper-end range are practically non-existent
at this time, although we believe conditions will improve thru 1991.
Sf we were to complete the remaining improvements now, there would likely be
substantial damage to them during subsequent construction of the remaining
homes, and thus cause us substantial additional expense during vulnerable times
to effect repairs.
We are clearly greater than 85% complete on tract improvements, but believe there
is a rational basis to hold off the remaining 15% until additional homes are built.
We are reasonably confident that this tract can be completed by December, 1991.
IJe request your favorable consideration of this one year extension.
Sincerely,
F. G Jr.
OE!ve ent Manager
Southern Division
fGL/sm
Enclosure
~~
RESOLUTION N0. G~tj- ~~rP
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCNO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13063
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1990, by Citation Builders as developer, for the
improvement of public right-of-way adjacent to the real property specifically
described therein, and generally located on the ease side of East Avenue
between Highland Avenue and Ylctoria Street; ane
WHEREAS, the installation of such 4mprovements, described in said
Improvement Agreement and subject to the terns thereof, is to be done in
conjunction with the development of said Tract 13063; and
WHEREAS, said Improvement Agreement Extension 1s secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said ]mprovement Agreement Extension and said
Improvement Security be and the same arc hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
7~-
CITY OF RANCHO CUCAMONGA
STAFF REPQRT
DATE:
T0:
FROM:
BY:
SUBJECT:
Decesber 19, 1990
City Council and Ctty Manager
Paul A. Rougeau, Act/ng Deputy C1ty Engineer
Steve M. G11111and, Public Norks inspector 1~
Approval of Isprovesent Agreement Extension for Tract
13304, located on Lhe northwest corner of Terra Vista
Parkway and Mountain V1ew Drive, submitted by Levels Hoses
RECOMIEMDATIOM
It is recomsended that the Ctty Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
ANALYSIS/BACKGROUND
Improvesent A9rcesent and Improvesent Security to guarantee the
construction of the public tmprovlsents for Tract 13304 were approved by
the City Council an October 5, 1989, to the fo11ow1ng total amounts:
Faithful Perforssnce Bond: (1,183,410
Labor and Material Bond: f 591,705
The develo,er, Lewis Hales, is requesting approval of a 60-day extension
on said improvement agreement. Copies of the Improvesent Agreement
Extension are available 1n the Ctty Clerk's Office.
Respectfully submitted,
~~~~~~
PAR:SMG:sd
Attachsents
7.3
Lewis Homes Management Corp.
1156 Nash Mounum Avenue / P.V. Box 670 / Uplm~d, Calitomia 91765
714y85-0971 FAX: 714N49-6700
November 15, 1990
City of Rancho Cucamonga
10500 Civic Center Drive
P. O. Box 807
Rancho Cucamonga, CA 91729
Attn: Steve Gilliland
Engineering Division
RECEIVED
NOV 281990
pPl of xu~ap c~wowr,~
BMINEERt1DS DIWS!fR
cear Steve:
Enclosed please £ind our Improvement Agreement Extension for
Tract 13304 which we would like to extend for 60 days in order
to complete the improvements. Also enclosed is our check for
$251.00 to cover this extension.
We would appreciate your consideration of this extension
request.
Finrtnraly vrnlrs
LEWIS HOMES MANS~/AGEMENT CORP.
Jgseph M. Oleson
Vice President
senior Project Manager
JMO:ksk
Enclosures
7~
RESOLUTION N0. 90- ~ 7~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING INPROVElENT AGREEMENT
E%TENSION AND ]MP0.0VEMENT SECURITY FOR TRACT 13304
NHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1990, by Lewis Haines as developer, for the
improvement of public right-of-wAy ayacent to the real property specifically
described therein, and generally iocated on the northwest corner of Terra
Vfsta Parkway and Mountain View Drive; and
VRIEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
con,lunction with Lhe development of said Tract 13304; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
to said Improvement Agreement Extension.
HON, THEREFORE, the City Council of the City of Rancho Cucamonga,
CaliFOrnia hereby resolves, that sold Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor 1s
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the Clty Clerk to attest thereto.
7S
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy C1ty Engineer
e~ ,
BY: Steve M. Gilliland, Pubitc Norks inspector t1~~J~~
SUBJECT: Approval of Improvement Agreement Extension for Tract
13566-1, located on the south side of Suwit Avenue between
Nardman Bullock Road and Cherry Avenue, submitted by
Rockfteld Development.
RECOMMENDATION
It is recoamiended that the City Council adopt the attached resolution,
accepting the sub,}ett agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
ANALYSIS/BACKGROUND
Inryrovement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13566-1 wen approved
by the City Council on OcWber 5, 1989, in the following amounts:
Faithful Performance Bond: 51,454,000.00
Labor and Material Bond: S 727,000.00
The developer, Rockfleld Development, 1s requesting approval of a
12-month extension on said improvement agreement. Copies of the
Iaryrovement Agreement Extension are ava11ab1e in the City Clerk's Office.
Respectfully subm/tted,
PAR:SMG:Iy
Attachments
7 `P
November 1, 1990
CTTY (%' RANCHO COCAtDNGA
10500 Civic Center Drive
Rancho Cucaugtga, CA 91730
Attention: Steve Gilliland
raoticfield
:, ~ -
~' ~ ~ rao ~., .
~,7~~.)
Regarding; Expiration of Imprwanent Pgreements for Tract 13566-1
Dear Steve:
Pursuant to your letter of Octnher 1, 1990, please allow this oormsponderx~e to
serve as Rockfield Development Corporations request to extend Llpzovanent Agreements
on Tract 13566-1. The followify shall serve as evidence to justify this request
including an explanation of xanainirg work and the approximate length of tLne needed
to conplete sud) work.
1. Storm Drain, Tract 13566 -The Engineering Depar'hnalt wants to hold off
wnstruction of the catch basins in Tract 13566-2 until the street i~rovalpnt
plans are approved. Approvals aze anticipated early 1991. (Permit No. 4456)
2. 24th Street Improvements fran Wazdman/Bullock Road to San SevairK Road -Work
has been delayed due to dry utility conflicts with the 66" RCP installation.
These conflicts have been resolva9 aId work should be en~lete by 12/30/90.
(Permit Nn_ 42fl11
3. Street L~rovements, Tract 13566-1, Phase 1 -Work has been delayed due to
SBCFCD approval pra~ss delays. Appmvals have been granted and work should be
oafplets3 by 12/30/90. (Permit No. 4282)
4. Flood Wall, Tract 13564/Landscaping fran Wandsan Bullock Road to San Sevaine
Road/landscaping Fast Property Line/Equestrian Trail (South/lost) - hbzk has
been delayed due to SBCFCD approval process delays. Approvals have been granted
and work should be wnpleted by 12/30/90. (Permit No. 4423)
5. Imm~q~lete Water Main and Services in Campanella Place (Phase 2 houses not yet
under mnstruction) - R.'WD requires water facilities to be constructed after
curb installation. We anticipate water facilities being oonpleted by 2/91.
(Perndt No. 4151)
At this time we are requestinc a one (1) year extension fmn tM original date of
City Council approval. "vie understand that once accepted, cur new expization date
will he October 4, 1991.
Should you require further infornation, please do not hesitate to contact me.
Sincerely,
R~C7Q''I~[D D6YQlJPt4Nf O3tPORA ''7
H.{1\J\1. 4j(\/raJ~`azy /
Vice President, Opera
Ilf N) Oh'nlpl<' DdvC pIO3 • COttH18. Cr\ JI i 19. 1714) 272 -IiHtiO • FAX 17141 272-O:1H! 1
RESOLUTION N0. C~o_ Cr'7$
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING I14ROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-1
NHEREAS, the City Counctt oP the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on Decembet 19, 1990, by Rockfleld Development as developer, for the
improvement of public right-of-way adJacent to the reai property specifically
described thereto, and generally located on the south side of Summit Avenue
between Mardnan Bullock Road and Cherry Avenue; and
NHEREAS, the lnstallatlon of such improvements, described in said
Improvement Agreement and subJect to the terws thereof, is to be done in
con,~unctlon with the development of said Tract 13566-1; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, whfeh 1s identified
in said Improvement Agreement Extension.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that sold Improvement Agreement Extension and said
Improvement Security be and the smae are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Llerk to attest thereto.
IV
STAFF REPORT v~
DATE: December 19, 1990 v
T0: City Council and City Manager i
FROM: Paul A. Rougeau, Acting Oeputy City Engineer
BY: Steve M. 611111and, PublTe Works Inspector II ~-~ i,
SUBJECT: Approvai of Improvement Agreement Extension for Tract '~~
13662, located on on the southeast corner of Naven Avenue
and Base Line Road, submitted by Lewis Hones
RECOMIEIDATIOM
It is recommended that the City Council adopt the attached resolution,
accepting the sub,{ect agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13662 were approved by
the City Council on November 16, 1984, in the following mounts:
Faithful Perfonasnce Bond: =166,576.00
Labor and Material Bond: S 82,288.00
The developer, Lewis Homes, is requesting approvai of a 90-dqy extension
on said improvement agreement. Copies of the Improvement Agreement
Extension are available 1n the City Clerk's Office.
Respectfully submitted, n~~
PAR:SMG:sd
Attachments
7/
Lewis Homes Management Corp.
11$6 NmA Mrnmuin Avenue / P.O. Hox 670 / Uplvd, Cilifomix 91785
714N85.0971 FAX: 714/949-6700
November 26, 1990
City of Rancho Cucamonga
10500 CSv1c Center Drive
P. O. Box 807
Rancho Cucamonga, CA 91729
Attn: Steve Gilliland
Engineering Division
Ref.: Expiration of Improvement Agreement for Tract 13662
Dear Steve:
In response to your letter of November 14, 1990, regarding the
above-referenced tract, please consider our request £or a 90
day extension so that the work on this tract may be finished.
Thank you £or your consideration of this request.
Sincerely yours,
LEWIS HOMES MANAGEMENT CORY.
`~
,~i .-~ ~j~ ~? A , _
~G
-Qoseph M. oleeon
Vice President
Senior Project Manager
JMO:kak
Enclosures
go
RESOLUTION N0. 90 - ~ 7~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMON6p, CALIFORNIA, APPROVING IMPROYENENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13662
NHEREAS, the C1ty Council of the C1ty of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1990, by Lew1s Homes as developer, for the
improvement of pu611c right-of-way aQ1acent to the real property specifically
described therein, and generally located on the southeast corner of Haven
Rvenue and Base Line Road; and
NHEREAS, the installation of such Improvements, described to said
Improvement Agreement and sub,~ett to the tends thereof, 15 m be done in
conjunction with the development of said Tract 13662; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which 1s identified
to said Improveamnt Agreement Extension.
NON, THEREFORE, the C1ty Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the MAyor is
hereby authorized to sign said Improveamnt Agreement Extension on behalf of
the City of Rancho Cucamonga, and the C1ty Clerk to attest thereto.
8!
nrmv no n w unvn nr.n a vn..r..
STAFF REPORT
DATE: 9ecember 19, 1990 C1
T0: City Council and City Manager ~J
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Steve M. Gilliland, Pubiic Norks Inspector ~
SUBJECT: Approval of Improvement Agreement Extension for DR 88-32
Phase 2, located on the south side of Nyssop prive north of
4th Street, submitted by Hyssop Properties
RECOMMENDATION
It is recoamiended that the City Council adapt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to s/gn sa/d agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee the
construction of the public Improvements for DR 88-32 Phase 2 mere
approved by the City Council on Oeceeber 7, 1989. 1n the follaring
amounts:
Faithful Performance Bond: 5130,000
Labor and Material Bond: f 65,000
The developer, Hyssop Properties, 1s requesting approval of a 12-month
extension on said Improvement agreement. Copley of the Improvement
Agreement Extension are available 1n the City Clerk's Office.
Respectfully submltted~~~
~~
PAR:SMG:sd
Attachments
W
John W. Nelson
18.\'. Cenfrnl.~<e~nce
L'p(anA, CA 9I i86
lT I ~!) 9~4I ~lii83
November 29. 1990
~. ~~
~AMO.,~a
~~~ OIVK',p..
City of Rancho Cucamonga
Attn: Steve M. Gilliland
P .O. Box B07
Rancho Cucamonga. CA 91729
Suti7ect: gxtenaion foruDRt 834 ~a~t.~raepent
Dear sir: "~
I am. requesting a 12 month eslewiOa for Iaprovement Agreement DR
88-32 Phase II. The reason tot tbla is the City of Rancho
Cucamonga will not allow n1, to start the improvements until the
Day Creek Channel project ~{ ~apletad. A9 soon as the City
-~~ates Day Creek we Ni21 ~oceaA with said work.
sincerely. ,
/ ~~
f~~~ „t,
~;` .~=.
Enclosures
~TViN: Ck ~. _ ^ _
A ~~
7
83
RESOLUTION N0. qD- `j a'-'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING IMPROVEIENT AGREEMENT
EXTENSION pMb IMPROVEMENT SECURITY FOR OR 88-32 PHASE 2
NHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1490, by I~yssep Properties as developer, for the
improvement of public right-of-way ad,lacent t0 the real property specifically
described therein, and generally located on the south side of Hyssop Dr1ve
north of 4th Street; and
VMEREAS, the installation of such Improvements, described in said
Improvement Agreement and sub,~ect to the tenas thereof, is to be done in
con,~unction with the development of sold bR 88-32 Phase 2; and
NHEREAS, said Improvement Agreement Extension 15 secured and
accaaryanied by good and sufficient Improvement Security, which /s identified
to said Improvement Agreement Extension.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor 15
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the Ctty Clerk to attest thereto.
8~
n,mv nc. n , wrnvn nr rn , wsnun w
STAFF REPORT
DATE: December 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Steve M. 611111a nd, Public Yorks Inspector II,~S
SUBJECT: Approval of Improvement Agreement Extension for Parcel Map
11341, located on the northeast corner of Church Street and
Milliken Avenue, submitted by Lewis Development Co.
RECOMIEMDATION
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk W sign said agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee Lhe
construction of the public improvements for Parcel Map 11341 were
approved by the Ctty Council on October 20, 1988, 1n the following total
amounts:
Faithful Performance Bond: (592,000.00
Labor and Material Bond: S2%,000.00
The developer, Lewis Development Company, 15 requesting approval of a 12-
month extension on said improvement agreement. Copies of the Improvement
Agreement Extension are avallabte in the City Clerk's Office.
Respectfully submitted,
PAR:SMG:Iy
Attachments
$5
Lewis Homes Management Corp.
1156 Math Mounum Avrnue / P.O. Boz 670 / UpIvN, CiliComu 91785
714ry85-0971 FA7C: 714,949-6700
November 15, 1990
RECEIVED
City of Rancho Cucamonga NQ~ 28
10500 Civic Center Drive ~,~
P. O. Box 807 CDY OF pMId10
Rancho Cucamonga, CA 91729 Bif.INEEPING DM310N
Attn: Steve Gilliland
Engineering Division
Dear Steve:
Enclosed please find our Improvement Agrnement Extension for
1 341 which we would like to extend for 12 months in
order to complete the improvements. Also enclosed is our
check for $251.00 to cover this extension.
We would appreciate your consideration of this extension
request.
Sincerely yours.
LEWIS HOMES MANAGEMENT CORP.
Joseph M. Oleeon
Vice President
Senior Project Manager
JTIO: kak
Enclosures
8~
RESOLUTION N0. "/~-~0~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11341
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for Tts consideration an Improvemmnt Agreement Extension
executed on December 19, 1990, by Lewis Development Co., as developer, for the
improvement of public right-of-way ad,~acent to the real property speclfiwlly
described therein, and generally located on the north east corner of Church
Street and Milliken Avenue; and
WHEREAS, the installation of such improvements, described 1n said
Improvement Agreement and subiect to the terns thereof, is to be done 1n
con,~unction with the development of said Parcel Map 11341; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which 1s identified
to said Improvement Agreement Extension.
NOM, THEREFORE, the Ctty Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to sttest thereto.
V
STAFF REPORT ~n
DATE: Decembsr 19, 1990 Q
70: City Council and City Manager VV
tROM: Paul A. Reugeau, Acting Deputy City Engineer
BY: Steve M_ Gilliland, Public Norks inspector 1I ~
SUBJECT: Approval of Improvement Agreement Extension for Parcel Map
11685, located on Devon Street at Kinlack Avenue, submitted
by James O'Brien.
RECONEIRl1TIOM
IL is recomx~ended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the MAyor and City Clerk to sign said agreement.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements far Parcel Map 11685 xere
approved by the City Council on November 2, 1989, in the 4olloring
amounts:
Faithful Performance Bond: 550,000.00
Labor and Material Bond: f25,000.00
The developer, James O'Brien, Ts requesting approval of a 12-month
extension on said improvement agreement. Copies of the Improvement
Agreement Extension are available in the City Clerk's Office.
Respect~~~ toeggd~~..~,~
PAR:SMGay /Ll~/l9``"
Attachments
g~
November 26,1990
Steve M. Gilliland
Public Works Inspector
City Of Rancho Cucamonga
Subject: Expiration of Improvement Agreement Parcel M,an 11685
Dear Sir:
I am requesting a twelve month extension on my improvements on parcel
man ~11h35. T have hed my plan's in and on*_ of plan check approx. :our
times and every time between plan check and changes it takes approx.
three months. As of November 2'7,1990 I will be getting my plan's approved,
then I can get my loan and start my improvements.
I am sincerely sorry for the delays.
/ f17u-i ~ C
awes O'Brien
Developer
$9
RESOLUTION N0. 9O'~c)-
A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION ANO IMPROVEMENT SECURITY FOR PARCEL IMP 11685
VAIEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on December 19, 1990, by Janes O'Brien as deveioper, for the
improvement of public right-of-wAy adjacent to the reai property speciftcatly
described therein, and generally located on Devon Street at Kinlock Avenue;
and
NHEREAS, the instailatlon of such improvements, described 1n said
Improvement Agreement and sub3ect to the tenors thereof, 1s to be done 1n
conJunction with the development of said Parcel Map 11685; and
NHEREAS, said Improvement Agreement Extension 1s secured and
accompanied by good and suffident Improvement Security, uAich is identified
in said Improvement Agreement Extension.
NON, THEREFORE, the City Connell of the City of Rancho Cucamonga,
California hereby resolves, thet said Improvement Agrceaknt Extension and said
Improvement Security be and the sank are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
90
DATE:
T0:
FROM;
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
December 19, i90 Cl
City Caunctl and City Manager
Paul A. Rougeau, Acting Deputy City Engineer
Steve N_ Gilliland, PuDltc Norks Inspector [1- ~
Approval of Improvement Rgreement Extension for 6737 East
Avenue, located on East Avenue between Base Line Road and II
Victoria Street, submitted by Gerald Hessler.
RELONEIOATIOM
It is recommended that the City Council adopt the attached resolution,
accepting the sub,~ect agreement extension and security and authorizing
the Mayor and Clty Clerk to sign said agreement. It is also recoanended
that no additional extensions be granted due to the fact that no work has
started since the Improvement Agreement was approved over 4 years ago.
ANALYSIS/BACKGROUND
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for 6737 East Avenue were
•..~ ~_~ .w. rev r~,_~,.~1 ,,,, unyawhae 9f1 t0A6 in th. fnllm/1 na
amounts: '
Faithful Performance Bond: (33,000.00
Labor and Materlai Bond: 516,6D0.~
The developer, Geraid Hessler, is requesting approval of a 12-month
extension on sold improvement agreement. Copies of the Improvement
Agreement Extension are evadable 1n the City Clerk's Office.
Respectfully submitted, n~~~
1,'y//~/
PAR:SMG:Iy
Attachments
.~~ Go~fa~L r2 ~- 90
~~ k~.,~
~ ~ Ste' ~4.re~srse~ .~~e'~r-kew L~6~`oY6T37 Ee~y'~re
~~ cu+/ e ~ ~~.~~suX.i e•.~t~6x.G
~,r~i~.~~.ar~roydxo~oec~i~it~~i. ~ircc,,..t~C
~ .Jay. ~~ ~~ ax~~sc .~~ ~e%Q.ure, ..~
~d~ek lgrG~. ~.Cf~t,~i ~~e ~ u~~J'
,~,sd~rs,~aoeo~~ ifsti ~ • ~u~ ,l a~~
u%~?~e ~~u~ u+~hr x~~fa~i~y~~u/,lACr~
z ~ur~r~li.,' yuoxst cor~.,.rl~c• u~~~ r,~s~ii .
eoir~.r~i~ir 1~~Ew~ais `~ .
~~~~~ ~~
Pmt -
~~~~~.
.~~ ~~ ~~y,.~
~`
~~:~
93
RESOLUTION N0. %~~ 'f `~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMON6A, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR 6737 EAST AVENUE
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its cansideratlan an Improvement Agreeaent Extension
executed on December 19, 1990, by Gerald Hessler as developer, for the
improvement of public right-of-way adfacent to the real property specifically
described therein, and ge~rerally located on East Avenue between Base Line Road
and Victoria Street; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subfect to the terns thereof, is to be done in
con,iunction with the development of said 6737 East Avenue; and
WHEREAS, Bald Improvement Agreement Extension 1s secured and
accompanied by good a~ sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Cauncll of the City of Rancho Cucamonga,
Callforola hereby resolves, that said ImprovemenC Agreement Extension and said
Improvement Security be and the same are hereby approved and Lhe Mayor 1s
hereby authorized to sign said Improvement Agreament Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
9~{
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
T0:
FROM:
BY:
SUBJECT:
December 19, 1990
City Council and Ctty Manager
Paul A. Rougeau, Acting Deputy City Engineer
Steve M. G11111and, Public Works Inspector II~~
Release of Bands and Notice of Completion for Tracts 9441
and 11609 located on the south side of N11son Avenue
between Hermosa Avenue and Villa Drive
RECOMNEMDATION:
The reQuircd Street Improvements far Tracts 9441 and 11609 have been
completed in an acceptabie manner and it is recoawended that Ctty Council
accept said improvements, authorize the Deputy C1ty Engineer to f11e a
Notice of Completion, and authorize the City Clerk to release the
Faithful Performance Bonds and the Labor and Naterlal Bonds.
BACKGROUND/ANALYSIS
Tracts 9441 and 11609 arc located on the south side of Nilson Avenue
Ue ieeen ntli lMl,ao ntici,Uc u iu' °il la .nr19:, •": h._I nn AwalnneA Av
Crtsmer Development. The Tract went into default 1n 1987 and the
developer never made contact with the City to extend the Agreement or
finish the improvements. The matter was referred to the C1ty Attorney
who then contacted the Bonding Company. The Bonding Company hl red a
construction management firm W finish the Tract. At this time, all
lmprovemertts are compiete and satisfactory. Therefore, it is being
recowaended to release both the Faithful Performance Bonds and Labor and
Materials Bonds.
DEVELOPER: Crlsmar Homes
1836 Coidwater Canyon Or1ve
Beverly N111s, CA 90210
Release of Bonds and Notice of Completion for Tract 9441 end 11609
located on the south side of N11son Avenue between Hermosa Avenue and
V111a Drive.
9.5
CITY COUNCIL STAFF REPORT
TRACTS 9441 AND 11609
DECEMBER 19, 1990
PAGE 2
Release:
Faithful Performance Bond
Phase 1 f141,700.00
Phase 2 E148,200.00
Phase 3 f252,400.00
Phase 4 f 90,200.60
Respectfully subsitted, n~~ ~j
/(/// J~\C//J(~~
PAR:SMG:Iy
Attachment
Labor 8 Material Bonds
S 70,850.00
E 74,100.00
5126,200.00
S 45,100.00
9~
RESOLUTION N0. 9Q-~$~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGl1, CALIFORNIA, ACCEDTING THE PUBLIC IMPROVEMENTS
FOR TRACTS 9441 AND 11609 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE NORK
NHEREAS, the construction of public improvements for Tracts 9441 and
11605, hove been completed to the satisfaction oP the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the xark complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the vrork is hereby accepted and the City Engineer is
authorized Lo sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
9~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
T0:
FROM:
BY:
SUBJECT:
Decewber 19, 1990 a
Ctty Council and City Manager
Paul A. Rougeau, Acting Deputy City Engineer
Steve M. Gilliland, Public Norks Inspector II~
Acceptance of Iwprovewents, Release of Bonds and Notice of
Cowpletlon for Tract 11428, located on the east side of
Center Avenue at Ashford Street
The required street lwprorewents for Tract 11428 have been cowpleted 1n
an acceptable wanner, and it Is recowaended that City Council accept said
improvewents, accept the Maintenance Guarantee Bond 1n the awount of
f8,186.00, authorize the Deputy City Engineer to file a Notice of
Caapletlon and authorize the City Clerk to release the Faithful
Perforwance Bond in the awount of f81,860.00.
BACKGROUND/ANALYSIS
Tract 11428 - located on the east side of Center Arenue at Ashford Street
DEYELOPER: QBM Cowponies
3100 Bristol Street /260
Costa Mesa, CA 92626
Accept:
Release:
Maintenance Guarantee Bond (Street) f 8,186.00
Faithful Perforwance Bond (Street) f81,860.00
Respectfully subwltted, n '
/~
/J-~ pu q~PUti~
PAR:SMG:Iy
Attaehwent
RESOLUTION N0. '"/~' 'jUa
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 11428 AND AUTHORIZING TNf FILING OF A NOTICE OF
COMPLETION FOR THE VIORK
i`
r
~,
WHEREAS, the construction of public improvements for Tract 11428 have
been completed to the satisfaction of the Ctty Engineer; and
NNEREAS, a Notice of Completion is required to be flied, certifying
the work complete.
NON, TNEREFURE, the City Council of the City of Rancho Cccamonga
hereby resolves, that Lhe work 1s hereby accepted and the City Enginreer is
authorized to s'gn and file a Notice of Completion with the County Recorder of
San Bernardino (;ounty.
~7
,..m., ,,., „ ~,,,.,,, „
STAFF REPORT
DATE: Decenber 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Steve M. Gilliland, Public Norks Inspector III'
SUBJECT: Acceptance of IWprovements, Release of Bonds and Notice of
CoWp etion for Tract 13442, located on the northeast corner
of Ylctoria Park Lane and Kenyon Nay ~
RECONEIDATIOM:
The re4uired street 1WproveaKnts for Tract 13442 have been caWpleted in
an acceptabie Wanner, and tt is recoaaiended that Ctty Council accept said
iWproveWents, accept the Maintenance Guarantee Bond 1n the aawunt of
f61,200, authorize the Deputy City Engineer to file a Notice of
CoWpletion and authorize the Ctty Clerk to release the Faithful
Perforaance Bond 1n the aaount of f612,000.
BACKGROUND/ANALYSLS
Tract 13442 - located on the northeast corner of Victoria Park Lane and
v-_..__ u_..
DEVELOPER: Baywood OevelopWent
4740 Von Kaman, Suite B
Newport Beach, CA 92660
Accept:
Maintenance Guarantee Bond (Street) 561,200
Release:
Faithful PerforWance Bond (Street) 5612,000
Respectfully subWitted, ~ ^
PAR:SMG:sd a
AttachaWnt
~~
RESOLUTION N0. qp-~~~
A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO
CUCANDNGA, CALIFORNIA, ACCEPTING THE PUBLIC IFPROYEMENTS
FOR TRACT 13442 AND AUTHORIZING THE FILING OF A N07ICE OF
COMPLETION FOR THE MORK
NHEREAS, the construction of public improvements for Tract 13442 have
been completed to the satisfaction of the Deputy Ctty Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the rrork complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the vbrk is hereby accepted and the City Eng/near is
authorized to sign and file a Notice of Completion N1th the County Recorder of
San Bernardino County.
~~I
~t
nmmv nc. o w w,rssn r, tr w vnwtr w
STAFF REPORT
DATE: December 19,1990
T0: City Councii and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Steve M. Gilliland, PuD11c Works inspector t
SUBJECT; Acceptance of improvements, Release of Bonds and Notice of
Completion far CUP 87-26, located on on the northeast
corner of Foothiil Boulevard and Ylneyard Avenue
RECONNEIDATIOM:
The required street Improvements for CUP 87-26 have been completed 1n an
acceptable manner, and 1t is recommended that City Council accept sold
improvements, authorize the Deputy City Engineer to file a Notice of
Completion and authorize the City Clerk to release the Faithful
Performance Bond in the amount of S95I,000 (Street) artd 5753,000 (Stores
Drain).
BACKGROUND/ANALYSIS
CUP 87-26 - located on the northeast corner of Foothill Boulevard and
iii iiy.'.-A \vPP„P
DEVELOPER: O.A.S.
' 2080 Business Center Drive, Suite 290
Irvine, CA 92715
Release:
Faithful Performance Bond (Street) =951,000
(Storm Dratni 5753,000
Respectfully submitted,
PAR:SM6:sd
Attachment
/Dc~--
RESOLUTION N0. 90"~C1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IIfPROVEIENiS
FOR CUP 87-26 AND AUTHORIZING THE FILING OF p NOTICE OF
COMPLETION FOR THE NORX
NHEREAS, the construction of public improvements for CUP 87-26 have
been completed to the satisfaction of Lhe G1ty Engineer; and
NHEREAS, a Notice of Completion 1s required to be filed, certifying
the work complete.
NOM, THEREFORE, the City Council of the Cisy of Rancho Cucamonga
hereby resolves, that the work is hereby atcepted and the Deputy City Engineer
is authorized to sign and file a Notice of Completion with the County Recorder
of San Bernardino County.
~d~
3,r:.
n,mv ns n ~ w,nvn n,.n , ...~.,., .
STAFF REPORT
DATE: Deceieber 19, 1990
T0: City Council and City Manager
FROM: Paul A. Rougeau, P.cting Deputy City Engineer ...~~~ccc~~~~
0Y: Steve M. Gilliland, Pub11c Norks Inspector 1,L~.
SUBJECT: Acceptance of Improvements, Release of Bonds a-nd' Nvotice of
Completion for OR 05-32, located an the north side of Civic
Center Drive east of Utica Avenue.
The required street improvements for DR 85-32 have been compieted in an
acceptable manner, and it is recenwended that C1ty Council accept said
improvements, authorize the C1ty Engineer to file a Notice of Completion
and authorize the C1ty Clerk to release the Faithful Perfonmance Bond 1n
the amount of 58,500.00.
BACKGROUND/ANALYSIS
DR 05-32 - located on Lhe north side of Civic Center Drive east of
Utica Avenue.
DEVELOPER: Forecast Corporation
10670 Civic Center Drive.
Rancho Cucamonga, CA 91730
Release:
Faithful Performance Bond (Street) f8,500.00
Respectful%ln`yA~s,(u1/h~/mt tted,
PAR:SMG:Iy
Attachment
~~~
RESOLUTION N0. ~JO ' ~0 0
A RESOLUTION OF T~iE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGII, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR DR 85-32 ANO AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WWlK
NHEREAS, the construction of public lmproveaknts for DR 85-32 have
been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work 1s hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
ios
CITY OF RANCHO CUCAMONGA
STAFF REPQ~RT
DATE: Deceaber 19, 1990
T0: C1ty Council and City Manager
FROM: Paul A. Rougeau, Acttng Deputy City Engineer
BY: Steve M. G11111and, Public Norks Inspector It,'~-s
SUBJECT: Release of Maintenance Bond for Tract 13742, located on the
southwest corner of Arrow Highway and Sterra Madre Avenue.
RECOMMEMDIITIOM:
It is recaeaKnded that the Ctty Council authorize the City Clerk Lo
release Lhe Maintenance Guarantee Bond.
Background/Analysts
The required one year axlntenance period has ended and the street
TsproveaKnts reautln free frae defects in eatertais and worko»nship.
D2'i Ei.u"ro'n: n.i.. S v. imea uaeni. G,VUy
22632 Golden Springs Drive /270
Dlasgnd Bar, CA 91765
Release:
Maintenance Guarantee Bond (Street) f7,600.00
Respectfully sub~eltted
~~~
PAR:SMG:Iy
/~ G
CI'T'Y OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
T0:
fROM:
BY
SUBJECT:
December 19, 1990
City Council and City Manager
Paul A. Rougeau, Acting Deputy City Engineer
Michael 0. Long, Supervising Public Norks Inspector J~T~t
Accept the Area V Hillside Road Stone Drain, from Archibald
Avenue to the Alta Loma Channel, Contract 90-002, as
complete, release the bonds and authorize the City Engineer
to file a "Notice of Caapletton".
RECOMMENDATION:
It is recommended that City Council accept the Area Y Hillside Road Stone
Drain, from Archibald Avenue to the Alta Lama Channel, Contract 90-002,
as complete, authorize the City to file a "Notice of Co~pletlon', retain
the Faithful Performance Bond in the amount of 3303,892.60 to be used as
the Maintenance Bond, and authorize the release of the retention in the
amount of 515,194.60 and the Labor and Materials Bond in the mount of
1159,946.00 35 days after the recordation of said notice if no claims
have been received. Also, approve the final contract amount of
3324,968.03.
BACKGROUND/ANALYSIS
The subject project has been completed in accordance with the approved
plans and specifications and to the satisfaction of Lhe City Engineer.
The final contract amount, based on pro,~ect documentation, is 5324,968.03
which Includes 1 contract change order for removing an abandoned manhole
and the construction an an addltlonai.
Respec~ fitted,
~~~~
PAR:MOL:d1w
Attachment
/C7 7
_~.1
RESOLUTION N0. C~Q-¢gq
A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR Tiff AREA V HILLSIDE ROAD STORM DRAIN, FROM ARCHIBALD
.4YENUE TO THE liTA LC84 CHANNEL, CCkTPrCT 00-002, AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
NORK
NHEREAS, the construction of public ieproveeents for the Area V
Hill side Foad Store Drain, free Archlbal d Avenue to the Ai to Loma Channel ,
Contract 90-002, have been caepleted to the satisfaction of the Clty Engineer;
and
NiIEREAS, a Notice of Coepletion 1s required to be flied, certifying
the work ccepietR.
NON, THEREFORE, the City Council of the City of Rancho Cucaeongga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Coepletton with the County Recorder of
San Bernardino County.
/~ V
CITY OF RANCHO CIICAMONGA
STAFF REPORT
DATE: December 19, 1990 ~`~
T0: City Council and City Manager
FROM: Paul A. Rougeau, Acting Deputy City Engineer
BY: Michael D. Lang, Supervising Public Morks Inspector
SUBJECT: Accept the 19th Street Iaryrovemer.ts, fray Carneiian Street
to the west City itmits, Contract 90-046, as complete,
release the bonds and authorize Ure City Engineer to file a
"Notice of Completion".
It is recommended that City Council accept the 19th Street Improvements,
from Carnelian Street to the west City limits, Contract 90-046, as
complete, authorize the City to Hie a "Notice ~f Completion, retain the
Faithful Performance BorM in the amount of 5267„776.20 to be used as the
Maintenance Bond, and authorize the release of the retention in the
amount of 515,762.97 and the Labor and Materials Bond in the amount of
5133,888.10 35 days after the recordation of •;aid notice if no claims
have been received. Also, approved the final contract amount of
5315,659.48.
BACKGROUND/ANALYSIS
The subject project has been caapleted 1n accordance with the approved
plans and speciflcattons and to the satisfaction of the Ctty Engineer.
The final contract amount, based on project docunentation, is 5315,659.56
which /ncludes 3 contract change orders for additional depth of the storm
drain, removal of interfering portions of a arevtously unknown RCB,
sandblasting of temporary striping, reimbursement far the Cal trans
permit, and nave-1n far project completion.
Respect//fx/lly subsitted,
/ ~v.~~.~p'v`
PAR:MDL:d1w G~
Attachment
~~
FESOLUTION N0. `7~ - ~ 7 d
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGl1, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR 19TH STREET IMPROYEMENTS, FROM CARNELIAN STREET TO
THE NEST CITY LIMITS, CONTRACT 90-046 AND AUTHORIZING THE
FILItC OF A NOTII:E OF COMPLETION FOR THE NORK
NHEREAS, the co~structlon of public improvements for 19th Street
Improvements, from Carnel!an Street to the west City limits, Contract 90-046
have been completed to the satisfaction of the City Engineer; and
NHEREAS, a Notia~ of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work 7s hereby accepted and the City Engineer is
authorized to sign and fila a Notice of Completion with the County Recorder of
San Bernardino County.
~tJ
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
T0:
FROM:
BY:
SUBJECT:
December 19, 1990
City Coundl and City Manager
Paul A. Rougeau, Acting Deputy City Engineer
Michael 0, Long, Supervising Public Norks Inspector~rt¢,{
Accept the Arrow Roue Street Improvements, from Center
Avenue to Haven Av~~nue, Contract 90-063, as complete,
release the bonds and authorize the City Engineer to file a
"Notice of Completion".
RECOMMENDATIOM:
It is recommended that City Council accept the Arrow Route Street
Improvements, from Center Avenue to Haven Avenue, Contract 90-063, as
complete, authorize the City to filE a "Notice of Completion", retain the
Faithful Performance Bond in the amount of f201,076.68 to be used as the
Maintenance Bond, and authorize the release of the retention 1n the
amount of (207,076.68 35 days after the recordation of said notice if no
claims have been received. Also, approved the final contract amount of
(244,069.35.
BAf.Kl:RDIIND/ANAI YSTS
The subject pro,~ett has been completed in accordance with Lhe approved
plans and specifications and to the satisfaction of the Ctty Engineer.
The finai contract amount, based on project documentation, 1s (244,069.35
which Includes 1 contract change order for spatial construction advisory
signs, detour striping, relocation of a fence, additional median curb
removal, signal controller rclocatlor, and removal of the dip at Center
and Arrow.
Rasp fully submitted,
~~~~~
PAR:MDL:diw
Attachment
RESOLUTION N0. 9O'~19i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFOIOIIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR THE ARRpI ROUTE STREET IMPROVEMENTS, FROM CENTER
AVENUE TO HAVEN AVENUE, CONTRACT 90-063 AND AUTHORIZING
THE FILING OF A NOTICE OF COIPLETION FOR THE NORK
WHEREAS, the construction of public improvements for Arrow Route
Street Improvements, frog Center Avenue to Haven Avenue, Contract No. 90-063,
have been completed to the satisfaction of the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Cauncll of the City of Rancho Cucamonga
hereby resolves, that the work 1s hereby accepted and the City Engineer is
authorized to sign and file a Notice ot` Completion with the County Recorder of
San Bernardino County.
r~a--
_ CITY OF RANCHO CUCAMONGA
STAFF REPORT ~~'~ "
^(.
Date: December 19, 1990
To: Mayor, Members of City Council and City MIIan,,,,ager
From: Joe Schultz, Community services Director
By: David H. Statton, Asr, istant Park Planner "
Subject: Accemtance of the Cucamonga Elementary School
Field Imvrovements Pro ect
Recommendation:
That the City Council:
1. Accept as complete the Improvements to Cucamonga
Elementary School Field Project; and
2. Authorize final payment to Sunrise Landscape Co.
Inc., for the work; and
3. Approve the attached resolution authorizing tY.e
Community Services Director to file a Notice of
Completion for the Improvements oP Cucamonga
__~.. ~.. c..w....i ci n1A n~n~onfe anA
~,~,;W,,..~ ~~ _______ _____. __
4. Release the project retention within the
specified time after recordation of the Notice
of Completion.
Hackq~ound•
The improvements of Cucamonga Elementary 6chool Field Prvject
have been completed to the satisfaction of the Community
Services Director. it ie therefore recommended that the City
Council accept the project Lrom the contractor, Sunrise
Landscape Co. Inc., ae complete, authorize Pinal pnyment, and
direct the Community Services Director to file n Notice of
Completion for the work. It is also recommended that the
contractor's retention be released in a timely manner.
Respec/Jt'fully s itted,
J Sbh'~~lt , CLP
Cniry e ices Director
JS:DH9s8.ak
RHSOLUTION NO. 90- L~9~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CDCAMONGA, CALIFORNIA
ACCEPTING THE PUBLIC IlII~ROVEMENTS FOR
THE CUCAMONGA ELEMENTARY SCHOOL FIELD
IMPORVElDdNTB PROJECT AND AUTHORIEING
THE FILING OP A NOTICE OF COMPLETION
FOR THE WORE
WHEREAS, the construction o! public improvaaenta !or the
Cucamonga Elementary School Field Improvements Project have been
completed to the satisfaction o! the Community Services Director;
and
WHEREAS, a Notice of Coaplation is required to be Piled,
certifying the work coaplete.
NOW, THEREFORE, be it resolved, that the work is hereby
accepted and the Director of comunity 6arvicea is authorized to
sign and file a Notice o! Coaplation with the County Recorder oP
San Bernardino County.
1990.
PASSED, APPROVED, anfl ADOPTED this 19th day o! December,
AYES:
NOES:
AHSENT:
ATTEST:
Debra J. Adams, City Clerk
DflMie L. Stout, Mayor
'/
cxx x yr RN1Vl'RV V VIiC]1YxV1V VH
STAFF REPORT
DATE: December 19, 1990
TD: Mayor and Members of the City Council
FROM: Brad Buller, City Planner
8Y: Nancy Fong, Senior Planner
SUBJECT: CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03
ENDMENT - S 'S PL CE - n appeal of the Planning
Commission's decision to extend the hours of operation for an
existing bar and restaurant, located at the northwest corner
of Carnelian and 19th Street, in the Neighborhood Commnerci al
District - APN: 201-811-56, 58, 59, 8 60. (Continued from
November 7 and December 5, 1990 meetings).
RECOMMENDATION: Tf the City Council determines to el they uphold the
appeal reverse the Planning Commission's decision) or to deny the
appeal (uphold the Planning Cammf ssion's decision), then staff should be
directed to Drepare a Resolution with findings for your review and
approval at the next regular meeting under the Consent Calendar section,
BACKGROUND: At the Continued public hearing of December 5, 1990, the
r:.y r„„nr;t aomin continued this item to the December 19, 1990 regular
meeting at the request of the appncanc. Sin,.e ~L~,~ i~ a ne'
information on this appeal, staff has attached the December -5 and
November 7, 1990, City Co until Staff Reports for your review and
information.
Resp y led.
//
/ Bra ul e
` Cit anne
83 :NF: ifs
Ilttachments: City Council Staff Reports of December 5 and
November 7, 1990
IIS
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: December 5, 1990
T0: Mayor and Members of the City Council
FROM: Brad Buller, City Planner
BY: Nancy Fong, Senior Planner
SUBJECT: CONSIDERATION OF AN APPEAL ~ CONDITIONAL USE PERMIT 78-03
- appea o e-Plano ni-g
omn ss on s ec s on o extend the hours of operation fcr an
existing bar and restaurant, located at the northwest corner
of Carnelian and 19th Street, 1n Lhe Neighborhood Commercial
District - APN: 201-811-56, 58, 59 d 60. (Continued from
November 7, 1990 meeting).
RECOMMENDATION: If the City Council determines to either uphold the
appea reverse the Planning Commission's decision) or to deny the
appeal (uphold the planning Commission's decision), then staff should be
directed to prepare a Resolution with ftndi ngs for your review and
approval at the next regular meeting under the Consent Calendar section.
n •nonnmrun. ,. .~- a-.. _,.-.. • ,non ---..~,- _--a,-_ ate- r, ~.. r-..--:,
.. .yam „y, .~
con u~ cfed a public hearing and received public input in considering this
appeal, The City Council deliberated on the issue of canpatlbility with
the surrounding residences, as the site is located in a residential
neighbonc~od area. The Council was deadlocked in a 2:2 tie vote, with
one Councilmember absent. At the recaamendation of the City Attorney,
the Council continued the appeal to this regular meeting, where there
will be a full quorum for final action.
Since there is no new information on this appeal, staff has attached the
November 7, 1990 Council report for your review and information.
Respe 11y su tted.
w
Brad tier
City Planner
BB:NF:ds
Attachments: City Council Staff Report of November 7, 1990
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: November 7, 1990
T0: Mayor and Members of the City Cau ncil
FROM: Brad Buller, City Planner
9Y: Nancy Fong, Senior Planner
SUBJECT: CONSIDERATION OF AN APPEAL OF CONO ITIONAL USE PERMIT 78-03
AMENDMENT - SAM'S PLACE - An appeal of the Planning
Commission's decision to extend the hours of operation for
an existiny bar and restaurant, located at the northwest
corner of Carnelian and l9th Street, in the Neighborhood
Commercial District - APN: 201-911-56, 59, 59, b 60.
RECOMMENDATION: Staff recommends that the City Council conduct a public
hearing to review this appeal. If the City Council determines to either
uphold the appeal (reverse the Planning Commission decision) or to deny
the appeal (uphoid the Pianni ng Commission decision), then staff should
be directed to prepare a Resolution with findings for your review and
a pp raval at the nett regular meeting under the Consent Calendar section.
a ervronn wn. r., ,..e,,. a,.. .r.e r:.., rte,,,,,.:r ro .Fo ver ;.
important to review the background. The business Cl oca Lion Chas a long
history of non-compliance and nuisance problems by prior tenants,
specifically the Boar's Head. The August 22, 1990 Planning Commission
Staff Report described in detail the history of such nuisance problems
for the business location.
The applicant took over the business of Stratton's in March of 1990.
The business was renamed Sam's Place. It serves lunch and dinner with
full bar facilities but without live entertainment. There are no
changes to the interior. The menu has an Italian emphasis. The dinner
menu has more variety than the previous businesses of Stratton's and
boa is Head Bar 6 Grill, Attached for your reference is a letter dated
May I1, 1990, describing in detail the business and the reasons for
their request to extend the closing time to 2 a.m.
ANALYSIS: The Commission reviewed the proposed request at the
gust 22, 1990 public hearing. They recognized the long history of
code violations and nuisance problems. They also noted that
circumstances have Changed. Since live entertainment had been
eliminated and the restriction of hours of operation to ll p.m. in 1985,
the City has not received any more complaints from the surrounding
residents. Further, the Sheriff's Department has not received any calls
7
CITY COUNCIL STAFF REPORT
CUP 78-03 - SAM'S PLACE
November 7, 1990
Page 2
for service since March of 1990 when the establishment hetame Sam's
Place. Some members of the Commission felt that the current ap plira nt
should not be penalized for past problems craa ted by previous
owners/operators. Other members of the Commission felt the extension of
the hours of operation may not provide compatibility to the surrounding
residents and could cause the farmer problems to resurface.
The Commission deliberated on the issue of whether the hours of
operation should be extended and if so, for how many days of the week.
The Commission fi na~l ly approved the amendment allowing the extension of
hours of operation from 11 p.m. to midnight Sunday through Thursday, and
from 11 p.m. to 2 a.m. Friday and Saturday. The Commission also agreed
that the approval was far a period of six months subject to Commission
review for any extension. The Commission then directed staff to prepare
such Resolution of Approval for their review at the next regular meeting
of September 12, 1990. Minutes of the August 22, 1990 Planning
Commission Meeting are attached far your review.
FACTS FOR FINDING: In order to 'a pprove this appeal, in full or in part,
specific facts to support the following findings must be made by the
City Council:
A. That the proposed use is in accord with the General Plan, the
objectives of the Development CoAe, and the purposes of the
d istr~ct in which the site is located; and
That the propas ed use will not be detrimental to the public
hm 1lh aio lv uol is ne ma lonlall~. in ~~~ni nne •n
proper ti e5 or improvements in then vicinity; and
That the proposed use complies with each of the applicable
provisions of the Development Code.
OPTIONS FOR CITY COUNCIL TO CONSIDER:
If the City Council can make the findings to uphold the appeal
and reverse the Planning Commission derision, then a motion to
deny the applicants' request to modify the Conditional Use
Permit would be in order and staff would prepare a Resolution
of Denial for your review and approval at the November 21, 1990
regular meeting under the Lansent Calendar.
7, If rho city fn~,n,rit Aar ;,Aos fn deny the app<al and UpheiA the
Planning Commission decision, then a motion to approve the
applicants' request to modify the Conditional Use Permit would
be in order and staff would prepare a Resolution of Approval
for adaptton at your next meeting. As part of this option, the
Council may modify, in part or in full, the Conditions of
Approval for the ConAtttonal use Permit.
I
CITY COUNCIL STAFF REPORT
CUP 78-03 - SIW'S PLACE
November 7, ]990
Page 3
Resp y s 6m' ted,
Bra
City Tanner
BB:NF/jfs
Attachments: Exhibit "1" - Appeal Memo from Mayor Oennis Stout
Exhibit "2" - Appeal Memo from Councilmember Pam Nright
Exhibit "3" - August 22, 1990 Planning Commission Minutes
Exhibit "4" - Planning Commission Resolution of Approval
No. 90-111 for CUP 78-03 Amended
Exhibit "5" - August 22, 1990 Planning Commission Staff
Report
II 1
J
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: September 13, 1990
T0: Members of City Cou it
FRAM: Dennis L. Stout, May
SUBJECT: APPEAL OF PLANN IN6 COMMISSION APPROVAL OF CONDITIONAL USE PERMIT
IB-03 AMENDMENT - SAM'S PUCE
( hereby appeai the September 12, 1990, decision of the Planning
Commission aDDrovfng expanded Aou rs of operation for Sam's Plate, an
existing bar and restaurant located at the northwest corner of Carnelian
and 19th Streets. I feel that, this type of use during late hours is
inapPropr is to Mi thln residential neighborhoods.
OLS:gS
~~
f~
CITY OF RANCHO CUCAM6NGA
MEMORANDUM
OaTE: saptr*bfr 29, 1449
i
TO: rambara of tha City Council
FROM: PamaL 7. Nright, Councilmamhar ~
SI7BJECT: AVi71i~ Oe CCMIIaarOR a*..Mai. M
S~IT201017. Oa! eERMiT 7a-03 aIDDIbOQf av.. a
a 'c
U ~ >
1977 1
I h~raby appeal tM 9aptanWr 12, ~ 1990 daciaion of CM Flannioq Coaninio9
approving expensed hours of oparaticn !or au~• Plae~, an a:tatLp bar and
rrrtaurant Located at the aorthraat cotn~r of Carnahan sad 19th ltraata. 1 teal
that thin typo of on during laG hours Sa laappsoprLN rithin gaidawtial
n~ighborhooaa.
PJM/die
X11
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~~
ti
Mere primarily concerned Chat Church Street 6e widened. He Said there did not
seem to be a tremendous concern on the part of the net ghbc rs. He showed
slides of the site plan and ft oor plan and elevations.
Hearing no further testimony, Chairman McNi el closed the public hearing.
Commissioner Tol stoy stated he had always felt that the Office/P rofesst onal
designation for this property was not appropriate, as it is too far removed
from like uses. He felt Medium Residential was the proper designation and he
supported the project.
Commissioner Chi ti ea agreed that the pnrticul ar project proposed on the site
is the best use of the site, but stated she is concerned with overall density
in the City. She fell that the C1Ly should look cias ely before changing any
other designations in the City. She said if the project were not sm well
designed or in another location, she would not have been so will ing to support
the project.
Chairman McN tel felt the project is well designed and he liked the duplex
concept because it appears residentt at.
Motion: Moved by Toistoy, seconded by Melchor, to adapt the Resolutions
recommending approval of Envfronmental Assesseent and General Plan Amendment
90-018 and Environeental Assessment and Developaent District Amendment
90-02. Motion carried by the fol'owing vote:
AYES: COMMISSIONERS: CH IT IEA, MCNIEL, MELCHER, TOLSTOT, fiE INBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE -carried
E. CONDITIONAL USE -EAIgT TB-03 AM[NOIENT -SAM'S PLACE - A request to extend
the hou n of operation or an existing bar and restaurant, located at the
northwest corner of Carnelian and 19th Street in the Neighborhood
Commercial District - APN: 201-811-56, 58, 59, and 60.
Nancy Fong, Sanior Planner, presented tho staff report.
Commissioner Toistoy askee what time the applicant proposed to stop serving
dinner if tM lours were extended.
Ms. fang staged she did not know.
Chairman McNTeI opened the publie hearing.
John Mannerino, Mannerino f Brlgugllo Law Offices, 9333 Base Line Road, Suite
I10, Rancho Cucamonga, stated tMt tM liquor lteense requires tMt food be
served during the entire time that alcohol 1s served, and the full dinner menu
Planning Coaaatssion Minutes -4- August 22, 1990
~aa-
would be served until closing time. He gave a brief history of the ownership
of the es to hl isheent. He said that the first two owners have not owned the
business since 1985 and there has been no live entertai went since that
time. He felt that, tM previous pro 6l ems had been resolved as soon as the
live entertainment ceased. He stated that Sam Pellegrino has owned the
business since March and the Sheriff's OeDarLaent had not been called [o tM
premises once in that time. He felt that the hours of operation do not cause
problems, but rather the way the establishment is run. Mr. Hann erino stated
that the request for extended hours was to allow the business to 6e
competitive.
Hearing no further testimony, Chairman HcN tel closed the public hearing,
Commissioner Helcher felt it was not fair to tie the present owner's hands
because of another person's doing. He thought an experimental period of
increased hours was merited. Ne felt that if a six month period of increased
hours proved successful, then the extended nours could be continued: but if
any problems arose, then the closing time could be dropped hack to 11:00 P.H.
Commissioner Hetnberger felt it might be better to extend tM hours only on
Friday and Saturday evenings, She felt the outcome should be reviewed later.
Commissioner Chi ti ea was opposed to extending tAe hours. She felt the people
in the neighborhood Md suffered for many years in the past and a late night
crowd is different from a dinner crowd. She felt the extended hours were
inappropriate because of the proximity to Acmes.
Commissioner Tolstoy felt the sitwtion has changed because live entertairment
is no[ proposed. He also stated that the former owners stopped serving food
after dinner and served only token food at night in order to keep their
I1Cens e. fie aia feu im auoi cu CG~i:: J:-.r ~"tit.'c tome n.~anAlnn }ho
neighborhood; but because the full menu would be served and there would he no
live entertairaaent, he felt it would be appropriate to allow a trial Dertod of
extended Murs. He proposed the hours be extended to midnight rather than
2:00 A.H. with the possibility of extending the hours later 11 the trial
proved successful.
Ralph Hansbn, Oeputy City Attorney, stated that Conditional Use Penit rights
are property rights tNt run witA the land absent extraord/nary conditions.
Ne said the L1ty could not plat! a time 1tm14 on extended flours without tM
specific consent of tM applicant.
Chairman MLNteI reopened the public hearing to allot the aDDlicant~ta comment.
Hr. Hannerine stated tAat the applicant vas more than willing to voluntarily
place the matter for review. Hr, Hannerino pointed out that Ehe surrounding
residents were noticeably absent from tM s evening's hearing even tAOUgh they
had received written natlfieatton of the proposal, He stated that the owner
had visited each of the neighbors who are within 300 feet of the property line
and told thM of their proposal to extend the !pars and Aad invited the
residents to visit tM bar. Ha said they would voluntarily submit to a
Planning Commission Minutes -5- August 22, 1990
113
reexamination of the permit in six months if the Planning staff felt one were
warranted. He felt a three-month trial period would not be realistic because
it would probably take that long before oeo plc realized they were open later.
Mr. Hanson asked if the applicant would acknowledge that the extended hours
would terminate absent an extension by the Planning Commission.
Mr. Mann erino agreed they would stipulate that the Conditional Use Permit
could be modified upon review by the Planning Caamissi on.
Commissioner Tolstoy asked if the Commission would even have to wait six
months if a problem develops because a Conditional Use Permit can W reviewed
at any time if there are problems.
Mr. Hanson stated that the standards for revocation of a Conditional Use
Permit are extreee; either violation of a set condition or proof of a
substantial and immediate detriment to the health, safety, and welfare in the
area. He felt it would be better to have the extended hours autama ti tally end
if the Commission did not take affi rniative action to continue the extended
hours.
C hai naan McNf el stated he did not like the concept of allowing bars in
neighborhood shopping centers DeCause there have Wen pro6l ems in the past.
However, he said ne nod observed that it ears work successfully in Europe when
there is no live entertaimment. Ne stated that under previous ownership the
back door was left open and a lot of raise tram the Wad and patrons filtered
through the a1lPyway to the neighboring residences.
Sam Peilegrino, Sam's Plata, 6620 Carnelian, Rancho Cucamonga, stated he was
co-awn er. He stated that on average iridav and Saturday evenin as LhPV tarvP
/5 to 80 dinners.
Chairman McNiel again closed the public hearing. He stated that he was
inclined to take the risk with the understanding that the extended hours would
W reviewed in six months. He stated W would tike to give the Wnefit of the
doubt to the new owners and the burden would be on the owners to show that the
extended hours would not negatively impact tha neighborhood.
Commissioner Tolstoy suggested the extended hours W unt11 midnight seven days
a week.
Motion: Moved by Melchor, seconded Dy iieinberger, t0 direct staff t0 prepare
a Resolution approving a tuporary six-month extension of boon to 2:00 A.M.
seven nights a weak for Conditional Use Permit 78-03. Notion fail e4 by tW
following vale:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMlSS10NEA5:
MELCNEA, MEINBEA6EA
CHITfEA, MCNIEL, TOLSTOf
NONE -failed
Planning Ceawlssion Minutes -6- August 22, 1990
~a~
Motion: Moved by Tolstoy to direct staff to prepare a Resolution approving a
temporary six-month extension of hours to midnight seven days a week.
C nai rman McNiel stated that Mould be a weak test.
Mr. Hanson asked if such a motion would be acce pta bte to the applicant.
Mn Mannerino stated it would be atce Dtable only if they would be allowed to
stay open until 2:00 A.M. on Fridays and Saturdays.
Motion died for lack of a second.
Motion: Moved by weinbe rger, seconded by Mel cher, to direct staff to prepare
a Resolution approving a temporary six-no nth extension of hours to midnight
Sunday through Thursday and 2:00 A.M. Friday and Saturday for Londi ti onal Use
Permit )8-03. Motion carried by the following vote:
AYES: COMM15510NER5: MCNIEL, MELLHER, TOLSTOY, NEINBERGER
NOES: COMMISSIONERS: CHITIEA
ABSENT: COMMISSIONERS: NONE -carried
Mr. Mannerino asked if tM hours could be changed effective imeedi atel y.
Mr. Hanson replied the hours could not change until following the signing of
the Resolution.
. .: . a
8:10 P.M. -Planning Co~lsston recessed
8:20 P.M. - Planning Cosr.isston reconvened
G. ENVIRONMENTAL ASSESSMENT AND LONDITtONAL USE PERMIT 90-23 - ALLMIIRK, INC.
- TM request to establish a building contractor's office and yard within
the existing Sixth Street Industrial Park on 4 J4 acres of tend 1n tM
General Industrial 01sM1ct, Subarea 5 of tM Industrial Specific Ptan,
located at 10096 Sixth Street - APN: 209-211-40.
Bruce Bucktnghu, Planning Technician, presented tM staff report.
Cooisaipner Melchor asked why the use was already establisMd prior to an
approval of the Londittonal Use Permit.
Mr. Buekingham replied that when the business 1leense appltutton was reviewed
by tM P1anMng Depar4eent, it was noUd that a Condltlonal Use Pensit was
required and tM applicant began processing an appiiutton.
Planning Caesetssion Minutes •T- August 22, 1990
/~5
RESOLUTION N0. 90-111
R RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCIWONGA, CALIFORNIA, APP R04ING AMENDMENT TO
CONDIT [ONAL OSE PERM IT N0. T8-03 FOR A.4 EXISTING
fiRR/RESTAURANT, SAM'S PLACE, LOCATED AT THE NO RTHNEST
CORNER OF 19TH AND CARNELIAN STREETS IN THE NEI GHBO0.N000
COMME P,C IAL DISTRICT, AND MAK1 H6 FINDINGS IN SUPPORT
THEREOF - APN: 201-811-66, 68, 59, AND 60.
A. Recitals.
(i? Sam's Place, Luanne R. Pellegrino, has filed an application for
the amendment to Conditional Use Permit No. 18-03 as described in the title of
this Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
(if) On the 22nd day of August 1990, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed WDlic hearing on the
application and continued said hearing to Septeeber 12, 1990.
(iii) On September 12, 1990, the Planning Commission concluded said
hearing.
(iv) All legal pre requfsites Dr for to the adopt lon of this Resolution
have occurred.
B. Resolution.
uM, ru MECA OE 1• Iw b wV.. iw_wA Awl wrwfnw_A wA __n_luul ti_u •I,n_
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth fn 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 hearings on August 22 and September 12,
1990, including written and oral staff reDOris. together with public
testimony, this Commission hereby spec ifteally finds as follows:
(a) The application applies to property located at the
northwest corner of 19th Street and Carnelian with a street frontage of 1,037
feet and lot depth Of 240 feet and is presently improved with a shopping
center: and
fb) The Property to the north of the subject site is a future
freeway, the property to the south is an existing shopping center, the
property to the east is an existing shopping center, and the Droperty to the
west is existing single fawtily residences.
ia~
PLANNING COMMISSION "SOLUTION N0, 90-iil
AMENDMENT TO LUP 7B-.., -SAM'S PLALE
September 12, 1990
Page 2
(c) The proposed amendment contemplates extending the hours of
oDerati an to coincide with Loose established 6y the applicant's alcoholic
beverage control license, that is from the current closing hour of 11 p.m. to
a new closing hour of 2 a. m. seven days a week.
(dJ The current Timf tattoo on hours of operation to It p.m.
was established as a direct result of a history of public safety and public
nuisance pro6l ems associated with the former tenant. the Boar's Nead.
(e) The former problems have not occurred since the
curtailment of the hours to 11 p.m. and the et iminati on of related
entertainment.
(f) The Sheriff's Department records indicate no calls for
service at this address under the current tenant, Sam's Place, since they
opened for business.
3. Based upon Lhe substantial evidence presented to this Cosission
during the above-referenced public hearings and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Caeaaission hereby finds and
concludes as follows:
(a) That Lhe Droposed use is in accord with the General Plan,
the objectives of the Development Code, and the purposes of tM distrfct in
wM ch the site is located.
(D) That the proposed use, togaLher wlth the conditions
applicable thereto, will not be detr/mental to the WD11c health, safety, or
welfare or maim idly irjer!^_ae !4 nrneerttes or improvements in the vicinity.
(c) That the proposed use complies with each of the apDlfcabte
provisions of the Development Code.
0. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, th/s Loweisslon hereby approves the aDDlication subject to
each and every Condition set forth below:
Planning Division
1) TM hours of operation for the bar and
rntaurant shall be between 11 a,m. to 12 p.m.
(addntght) Sunday through Thursday and between
11 e.m. to 2 a.m. Friday and Saturday.
2) Thta approval is granted sub~eet to a full food
menu being offend during all businesa boon.
3) Eftenslon of hours of operation is gnntOd for
a sif-month period, unless Offended by tM
Planning Connisston.
~~ /
PLANNING COMMISSION ^-SOL UT ION NO. 90-111
AIiNOME NT TO CUP 78-. -SAM'S PLACE
September 12. 1990
Page 3
4) Approval of this request shall not waive
compliance with all sections of the Development
Code and all other aDPlica bie City Ordinances.
5) If the operation of the facility causes adverse
effects upon the surrounding residents,
ad,{ace nt businesses and tenants, including but
not limited to, noise, lof tering, or
disturbances, the Conditional Use Permit shall
be brought before the Planning Casei ssion for
the consideraH on and posse Dle tenatna ti on of
use.
5. The Secretary to this Commission shall Certify to the adoption
of this Resolution.
APPROY ED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 1990.
PLAHNIN6 COMMMISSION 6F THE C[TY,OF RANCHO CUCANON611
ATTEST
I, Brad 8u 11er, Secretary of the Planning Cbewtsston 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 Lucamonge, at a regular meeting of the Planning Commission held
on the 12th day of Septsber 1990, by the following vote-to-wt t:
AYES: COMMISSIONERS: NCNIEL, MELCHER, TOLSTOY, NEiNBERGER
NOES: COMMISSIONERS: CMITIEA
ABSENT: COMMISSIONERS: NONE
~a8
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: September 12, 1990
T0: Lha irman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Nancy Fong, Senior Planner
SUSJ EC T: CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - A
request to extend the hours of operation for an existing
bar and restaurant, located at the northwest corner of
Ca rnel tan and 19th Street in the Neighborhood Commercial
Dis tr itt - APN: 201-811-56, 58, 59, and 60. (Continued
from August 22, 1990.)
I. BACKGROUND: On August 22, 1990, the Planning Commission conducted
a publ lc hearing to review the proposed request as described
above. The Commission directed staff to prepare a Resalutton of
Approval extending the hours of operation from 11 p. m. to 12
midnight on Sunday throw oh Thursday and from 11 n.m. in p a.m.
Friday and Saturday. A full menu should be available during ali
business hours. The Commission also stated that the use should be
reviewed in six months for compliance with the Conditions of
Approval. Attached for your review 1s the Resolution of Approval
with the appropriate conditions. If the Commission concurs, then
adopt ton of the resolution would be in order.
Res a ly su
Bra B filer
City tanner
BB:NF/,{fs
Attachments: August 22, 1990 Planning Commission Staff Report
Resolution of Approval
iii x yr xnlvt;tiv ~ut;nmt~rvi;n
STAFF REPORT
GATE: August 22, 1990
T0: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
8Y: Nancy Fong, Senior Planner
SUBJECT: CONOIT IONAL USE PERMiT 78-03 AMENDMENT - SAM'S PLACE - A
request to extend t~c~ hours of operation for an existing
bar and restaurant, located at the northwest corner of
Carnelian and 19th Street in the Neighborhood Commercial
District - APN: 201-811-56, 58, 59, and 60.
I. ABSTRACT: The applicant is requesting that the existing condition
of approval limitfng hours of operation from 11 a.m. to 11 p.m. be
amended by extending the closing time to 2 a.m.
II. BACKGROUND: In order for the Planning Commission to assess the
app cf ant rs request, it is important to review the background.
The business location has a long history of non-compliance and
nuisance problems by prior tenants as summarized below:
On December 21, 1978, the Planning Commission conditionally
aMW urev Lim uuar '> oeaJ re>Lau rant with bar and encerca rnmenc.
Oue to consistent complaints relating to noise, loud music,
fights, and loitering, the Planning Commission had reviewed the
Conditional Use Permit several times and modified the conditions
of approval to mitigate these problems. Some of the mitigation
measures added were ilmi led hours of operation to 2 a.m.,
structural changes to buffer noise, and installation of speed
bumps within the shopping center.
In 1983, the Planning Commission again reviewed this Conditional
Use Permit due to complaints received and modified the conditions
of approval through more restrictive hours of operation (11 p.m.
cldsing), additional noise attenuating materials to reduce
exterior and interior noise, and required implementation df a
dinner menu.
In 1985, the Planning Commission further modified the Conditional
Use Permit by keeping the operating hours to 11 p.m., and
eliminating the live entertainment use. Dn September 6, 1985, the
City Council heard an appeal by the applicant and upheld the
decision of the Planning Commission.
'~d
PLANNING COMMISSION STAFF AEPO iT
AMENDMENT TO COP 78-03 - SAM'S PLALE
August 22, 1990
Page 2
In Apr 11 of 1988, the 6ea is Head closed and was reopened as
Strattons under different ownership. No complaints were received
during the period that Strattons was open.
III. ANALYSIS:
A. General: This aDPlicant took over the business of Strattons
in March of 1940. The business is renamed Sam's Place. It
serves lunch and dinner with full bar facilities out without
live entertainment. There are no changes to the interior.
The menu has an Italian emphasis as shown in Exhibit "C." The
dinner menu has more va rtety than the previous businesses of
Strattons and Boar's Head Bar 8 6ri11. Attached for your
reference is a letter dated May 11, 1990, describing in detail
the business and the reasons for their request to extend the
closing time.
8. Extension of Hours of Ooera Lion: The current operating hours
for the bar and restaurant are limited to between 11 a.m, and
it p.m. The Condition of approval was imposed to address the
past problems of disturbances and noise. Since the limitation
of hours of operation was imposed in 1985, the City has not
received any complaints from surrounding residents.
The •equest to extend the hours to 2 a.m. may create an
opportunity for problems in the future. the site is very
close to single family residences at the west side as shown on
the site plan, Exhibit "A." Parking areas for the patrons of
Lim uer could overiiow co cne parking area immediately west of
the building which abuts the residences. Certain activities
such as drunkeness, noise, loitering are likely to occur due
to the nature of the bar business. Such activities Could
adversely impact the adjacent residences.
C. Pur se of Net hborhoad Sho in Center: The purpose of a
neighborhood shopp ng center s to provide far immediate day
to day convenience shoDDing and services for the residents of
the itmmMllate neighborhood. Site development regulations and
performance standards are intended to make land uses in the
shopping canter compatible and harmonious with the character
of wrraunding residential areas. Staff is concerned that
extending the hours of operation until 2 a.m. may not be in
harmony rith the single family character of the surrounEtn9
areas.
13 I
PLANNING COMMISSION STAFF REPORT
AMENDMENT TO CUP 78-03 - SAM'S PLACE
August 22, 1990
Page 3
The applicant pointed out that the Planning Commission had
approved other bar and restaurant businesses with longer
operating hours in the evening, such as the Pepper's Cantina,
at the northeast corner of 19th Street and Archibald Avenue.
[n revfewing Pepper's Cantf na restaurant and bar, staff finds
the situation different, as there are no single family
residences immediately abutting the site. There are
apartments located on the east side of the site while Pepper's
is closer to Archibald Avenue on the west side. The single
family residences are ail buffered from Pepper's Cantina by
Archibald Avenue and 19th Street.
D. Fire and Sheriff Oeoartments: Both the Fire and Sheriff
Oepa rtments have been contacted for comments. The Fire
Department indfca Led that they foresee no proof ems with the
extension of hours of operation. However, the Sheriff's
Department recommended maintain ing the existing closing time
of I1 p.m., given the history of the site.
E. Conclusion: Based on the above, staff concluded that the
extensf on of the hours of opera Lion may be detrimental to the
surrounding single family residences because of their close
proximity and because of the nature of the bar fac tlittes.
Therefore, staff would not recommend the extensf on of the
hour- of operation. Should the Commission disagree, other
options are available:
1. Approve request, i.e., 11 a.m. to 2 a.m. da11v.
2. Approve extensf on to 2 a.m. for Fridays and Saturdays
Only.
3. Approve a limited extension, possibly to 12 p.m., either
daily or on Fridays and Saturdays only.
II[. FACTS FOR FINDIN65: In order to approve this application, in full
or in part, the oliowing findings Host be made by the Planning
Commission:
A. That the proposed use is in accord with the General Plan, the
objectives of the Development Code, and the purposes of the
district 1n which the site 1s Located.
9. The proposed use will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or
improvements in the vicinity.
/~1
PLANNING COMMISSION STAFF REPORT
AMENDMENT TO CUP 78-03 - SAM'S PLACE
August 22, 1990
Page 4
C. The proposed use comps ies with each of the applicaDie
provisions of the Development Code.
IV. CORRESPONDENCE: This item has been advertised in The Inland
Valley Oa sly bulletin newspaper, the property has been posted, and
notices have been sent to all property owners within 300 feet Of
the project site.
Y. RECOMMENDATION: Staff recommends that the Planning Commission
deny the request to extend the hours of operation to 2 a.m., or
consider mne of the options noted above. Attached for your review
is a copy of the Resdluti on of Dental for your adoption.
Respectfully submitted,
Brad Bu er
City Planner
BB:NF/jfs
Attachments: May 11, 1990 Letter from Applicant
Exhibit "A" - Site Plan
Exhibit "B• - Floor Plan
Ezhtblt "C• -Menu for Sam's Place
Resolution of Dental
X33
aOyN: NANNERINO
>A. ?a~~.,3~. 0
May I1, 1990
Mr. Brad Buller
CITY OF RANCHO CUCAMONG.4
Planning Department
9320 Baxllne Roed
Rancho Cucamonga, CA 917:10
Dear Mr. Buller:
Pleax be advised chat we reprexnt Snm's Place, dcing business et the
address as xt forth in the attached Uniform Application for Conditlonel Ux
Permit. The current owner, Luanne R. Pe1legNtw, took possession of the
business duNng the xcond week of March, 1990 end purchased the business
from Thomas Mulholland, who did business es Stratton's, on April 23, 1990 .
While the format of the menu has changed signlflcently to emphealre Italian
food, nevertheless, the pHmary nature of the bualneae duNng the houro after
9:00 p. m. remains that of a smell food end beverage vending eatabllahment
Since the hours that were limited by the Planning Commission during the
period oC time the bualnaaa watt known as the Bosr'a Head, requiring a
closure of II:00 p.m., other liquor vending eateblishmeata have opened In the
town to increase the competltloa We direct your atteneton to the number
of bar end restaurants which are at the comer of Foothill and Haven, and,
yc, uayo mono ayp, up,inaei), aiq IlY( aexC CO ~epper'a l.ail[Ina, wnlCtl la et
she corner of Archibald and 19th Street. It fa I em sure obWOUS that thW
places our client at a algdncant diaadventege In attempting to compete In
the marketplace with other similar establishments whose btulness is thn axle
of food and alcoholic beverages It Is thereforo necessary to expend the
hours to those whleh are aliowetl 6y the Alcohol Beverage Commisaiotl, six
(61 days a week, If this bttslaees W to be • Wable one to the new ptucheaers
We Invite your aetenelan to the record of the ataDllahment run by Mr.
Mulho0snd and point out to you that Its record la Wrtually devoid, to our
knowledge, of any claims or Inclc{enta, dlsturbeltcea or cNminal actlWty, at or
near this eataDllahmeat for • peNad of time In excau of two (2) years
Koch Mr. MWhoilaod and the currant owner, who hu bean In poeeeaalOn since
March 12, 1990, have sakes great paint to run an wtabllahment which la
orderly, quiet, turd entiMly In accord with the law. There u tro reason to
presume that this circumstance will change were the hours of operstlon to
be extended sn edditlooal three (3) hours.
The msnager of ehU restaurant, the husband of the owner, Sam Pellegrino,
has managed berg and restaurann In New York for ten (IO) yeah pNar to
ehelr move to the Clty of Rancho Cucamonga and clearly demonstrates the
<:epabitlty of melntalning order and propriety In an astsbllahment each as
this
13`~ _
'93JJ Bqa EIINE ROgO, SUITE 110 / agNCNO C9C~AIONGA, CA 917]0 /TEL (rUi 9e0•I100! fq%17iU 9t t d610
Mr. Brad Buller
CITY OF RANCHO CUCAMONGA
May 11, 1990
Page 2
We therefore reapecttully request Chet you consider this expansion of hours
to regWre a closing time ea set forth by the Alcohol Beverage: Commission.
This is ebsolutety necessary to show Chia buaSneas to wmpate wish outer Ilke
businesses In the arw and will ceux ro hardship whatsoever on the
surtuunding commuNty.
Very t y yours,
MAN II~1 & BRIGUGUO
JD ~ drf,
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135
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r3q
- CITY OF RANCHO CliCAMONGA
STAFF REPORT
DATE: December 19, 1990
TO: Mayor and Members of the City council
FROM: Jerry Fulwood, Deputy City Manager
BY: Diane O'Neal, Management Analyst II
SUBJECT: C~INSIDERATION OF TIM&8 NIRROR'8 APPLICATION FOR
C:\BLE TELBVISION FRANCHISB
IT IS RECOMMENDED TIMES MIRROR'S APPLICATION FOR A CABLE TEZ~EVISION
FRANCHISE BE GRANTED PURSUANT TO THE ATTACHED RESOLUT.ON AND
CONTRACT.
BACRGROIINDe
Since the awarding of the City's cable television franchise
aaraaman4a in i9HF fn nrn raM e..i e5 n.. ~...r c;........... n,4 r., m.
have been a number of "pocket areas" within the City that are still
without cable. television availability.
Generally, a significant portion of the area known as "Red Hill"
has been without cable television availability. The City has
previously requested DCA Cablevision and Simmons Cable TV to
provide service to this area even though the "Red Hill" area is not
within the In.it ial Service Area (ISA) of DCA or Simmons.
DCA and Simmons have advised the City that it is not economically
feasible for their companies to provide this service at this time.
The City has also attempted to discuss a possible time frame with
both DCA and Simmons to provide this service and have been
unsuccessful ii obtaining a comm4tment from DCA or Simmons.
Comcast Cablev;sion's Covnty Franchise was established prior to the
City's incorpo~.-ation and was grandfathered when the City awerrded
DCA's and Simmons' franchises.
/~~
Times Mirror
Page Two
December 19, 1990
The City has been negotiating with Comcast Cablevision since 1987
for the purposes of establishing a franchise renewal which would
include providing service to the entire "Red Hill" area.
These negotiations have been unsuccessful with Comcast Cablevision
due to the fact that Comcast Cablevision's proposal for a franchise
renewal would result in a new, separate cable television ordinance.
The City's position has remained consistent in that the same cable
television Ordinance be in place for all of the C:ity's cable
television franchisees.
ANALY828:
In April of 1990, Times Mirror requested negotiations be entered
into to determine the feasibility of acquiring a cable television
franchise within the City of Rancho Cucamonga.
Those negotiations with Times Mirror have resulted in the attached
contract for the Council's consideration.
The proposed contract with Times Mirror specifies the same
guidelines as provided with DCA and Simmons. Specifically, an
Initial Service Area (ISA) has been established for Times Mirror
and at t:he completion of the ISA, Times Mirror will negotiate with
fho r:fv hn cvhunA hhoir franrM co anA corvi rte area a!a mntnally_
agreed Bind consistent with applicable law.
Times Mirror's ISA is provided in Exhibit A of the contract and is
designated as Area A and Area B. Area A encompasses th[e East End
of the City and is designated as such. Area B encompasses the
general area known as !'Red Hill" and is designed as such on the
enclosed map.
Times Mirror has committed to build the "Red Hill" area
concurrently with Area A within a twelve month time frame.
Additionally, Times Mirror. has accepted the City's Cable Television
Ordinance as is and the proposed contract follows the same
guidelines provided in DCA's and Simmons' Contract.
There are specific provisions of the proposed contract whereby
Times Mirror has exceeded the requirements as specified in DCA's
and Simmons' contract.
The Times Mirror proposed contract has been prepared in conjunction
with recent applicable cable television legislation (AB 5•f3 and
AB 2892). Copies of these legislative bills are attachecl to the
proposed contract.
I~I
Times Mirror
Page Three
December 19, 1990
Finally, a brief synopsis of Times Mirror is attached for the
council's review.
Respectfully Submitted,
erry Fulwood, Deputy City Manaqer
JF/dgo
D0:691
Attachments: Proposed Contract
Times Mirror Synopsis
' 1~
~~ ~
RFSDU]fION NO. 90a+~'~
A RE901iTFICH OF Tf1E CPPSC COfYiCII. OF TF~ CLTY OF RANCfi~
COCAMX7(,A, CALiE+OfQ17A, QtANrLT18 A (]1ffiE TELEVISION
FRANCIIISE 10 TIMFla MIIdYHt CABiE TFS,L'i7ISI0N OF RIVERSIDE
O]UPTf'1C, 7NC. , OBA DII~IC17 C7+tIIE SHiVICFS
A. Recitals.
(i) The City is authorized to grant, renew, std dairy fracxirises far
the constrlx:tim, maintenance arcl operation of cable television systems, an:
to oUwrwise regulate cable televisim within the City's boutr)<iries bi' virtue
of Federal std State statutes, the City~s police pv«~xs, the City~s authcrcity
over its public ric,¢ttsbf-vay, aid City Ordirunoe NO. 220; and
(ii) TSIIIPS Mirror r3ble Delevisim of Riverside County, Inc., dba
Dimension Cable Services has requested the granting of a fifteen (15) year
non-exclusive and revocable f+'a~i~ to uxistcvct, maintain a'd operate a
cable television systaa pursuant to guidelinm established by the Cable
Communications Policy Act of 1984; a7d
(iii) The City of Randio Cucamotxp desires to grant said frarririse
in aowrdvae with its Ordinance No. 220 and all other applicable statutes and
regulations; std
(iv) All lalal prerequisites to the adoptim of this Resolution have
omured.
O• MO~IlY1.1Vii.
NOW, TiiFREEURE, the City Council of the City of Randq Cucamonga does
hereby find, determine, and resolve as follws:
1. 7n all respects as set forth in the Recitals, Part A, of this
Resolution.
2. Times Mirror Cable 'Ihlevision of Riverside County, Inc., dba
Dimension Cable Services is hereby granted a fifteen (15) year non-exclusive
and revocable frardiise to oastrvct, mai„rain and operate a cable television
systao pursuant to the tesms and eonditions set forth in said francirisn.
3. Times Mirror Cable 'lNlevision of Riverside CaaRy, Inc. , dba
Dimension cable Servirxs shall, within ten (1a) days of the passage of this
Rescluticn, file a 0.zitten ar~xxrledgment a.•ei ac*_~?pkanne of ills franchise with
the City Clerk whereupon said franciii se shall imaediately beoanre effective.
4. The City Clerk shall oertify+ to the adoption of this Resolution.
I'~3
AGREEMENT
AN AGREEMENT GRANTING A NON-EXCLUSIVE
FRANCItIBE TO TIMES MIRROR CAELE TELEVISION
OF RIVERSIDE COUNTY, INC. TO OPERATE A
CABLE TELEVISION SYSTEM IN THE CITY OF
AANCtiO CUCAMONGA AND SETTING PORTN CONDITIONS
ACCOMFANYIi7G THE GRANTING OF THE FRANC}[ISE
I ~~
- 1 -
A G R E E M E N T
THIS AGREEDiEN T, made and entered into this _` day o;
1990 at Rancho Cucamonga, Cali £ornia, by and between
the City of Rancho Cucamonga, a municipal corporation of the
State of Califronia ("Grantor"), and Times Mirror Cable Te leviaion
of Riverside County, Lnc., dba Dimension Cable Services
("Grantee").
W I T N E S S E T H
WHEREAS, the City of Rancho Cucamonga, pursuant to Federal
and State law ,.nd to Title 7 of the Rancho CucaloDnaa Munici hat
Code (referred to ae Title 7 hereafter), is authorized to grant
one or more non-exclusive revocable franchises to operate, construct,
maintain and reconstruct a cable television system with ir. the City;
and
WHEREAS, the City, after public hearings, has determined
that it ie in the beet interest of the City and its residents to
grant a Pranchiae to Times Mirror Cable Television of Riverside
County, Lrc., dba Dims nsinn Cable Services.
NOW, THEREFORE, the City (hereinafter also known as the
Grantor) hereby gran to to Timoa Mirror Cablc Television of
Ri ve raids County, Inc., (hereinafter ehs Crentae) n cable
to lP~~laion franchise in accordance with the provisions of
Title 7, end this Ayreement.
I~~
TAHLE OF CONTENTS
SECTION 1: GFANT CF FRANCriiSE. .
SECTION 2: DEFINITIONS .
SECTION 3: GENERAL REQUIREMENTS. .
SEC^, IC" 45 CONSTRUCTION AND SERVICE
REQUZ REMENTS .
SECTION 5: SYSTEM DESIGN ANb PERFORHANCE
REQUI RENENTS .
SECTION 6: SERVICES AND PROGRAMMING. .
SECTION 7: SUPPORT FOR LOCAL CABLE USAGE .
SECTION S: PURCBASINGs TRAINING ANL
EM3LOYMENT RERUIREMENTS .
SECTION 9: REGULATION. .
SECTION 10: FORCE MAJEURE; GRANTEE'S INABILITY
TO PERFORM.
SECTION 11: HOLD IIARMLRS3 .
SECTTC:: ii. SEPARABILITY. .
EX}i2 BIT As CONSTRUCTION AND SERVICE SCHEDULE
EXH IHLT B; SCHEDULE OF GRANTEE COMMITMENTS
EXIiIDIT C: CALIFORNIA LAW A.H. S43
Pa e
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2
1. GPANT OF FRANCHISE
1.1 Grant. Times Mirror Cable Television of Riverside
County, Inc „ a corpo ratica with its psincipai place of business
located at 26858 Cherry Hills boulevard, Sun City, CA 923E1
is hereby granted for itsolf, its successors and assigns, subject
tc the to rma and conditions of this Agreement and Title ~ the
franchise, authority, right and privilege, for a fifteen (15)
year period from and after the effective date hereof, to construct,
operate and maintain a cable television system within the streets
and public ways within the City of Reecho Cucamonga.
1.2 Right of Gzan ter to Issue Franchise. Grantee acknowledges
and accepts the right of Grantor to issue a franchise and Grantee
c;rcc~ .,, s.,>11 „uc now or at any time hereafter challenge this
right Sn any way oz in any local, State or Federal court.
1.3 Effective date of Fren chive. The effective data of
the franchise =gall ba the date of execution of this Agreement
by the Cranto r, subject to prior execution by the Grantee.
1.4 Durntion. The term of the franchise shall be fifteen
(15) yeezs from the effective de to hs roof nt which time it shall
expire and be cf no force and effect. Renewal shell ba in
accordance with Title 7 and applicable law.
1.5 Fran chine Not Exclusive. Tha franchise shell not be
cone trued as any limits tion upon the right of Grantor, through
its proper officare, to grant to other persona or corporations
~~
- 3 -
rights, privileges or authority similar to or different from
the rights, privileges and authority herein set forth, in the
same or other arras to and public ways or public places by
franchise, permit or otherwise, provided, however, that ouch
additional grants shall not operate to materially nodi _°y, sa yoke
or terminate any rights yrante8 to Grantee herein.
1.6 Franchise Acceptance. The Grantee, by exocuting
this ngree;nent, guarantees performance by Grantee of all of
Gran tea's ob ligations hereunder imposed by Title 7 end this
Agreement,
I1~
-4-
2. DL•FINITIONS
For the pUrpoee9 Of Chia Agreement, the fo liowing words,
to _-:ns, phrases, and their derivations shall have the a,eanings
given herein. When not inconsistent with the context, wcrds
used in the present tense include the Euture tense, words in
the p~ura• number include the singular number and words in the
singuiar number include the plural number. The word "sisal i"
is always mandatory and not merely directory. The dsfini tions
contained in Title 7 are incorporated herein as if Eully set
forth.
2.1 "Agreement" or "Franchise Agreement" means this
agreement and any amer.dmenta or renewals thereof.
2.2 "Grantee" means Timis Mirror Cable Te leviaion of
Riverside County, Inc. or any person or entity who or which
succeeds Times Mirror Cable Television of Rive raide County, I:.c,
in accordance with the provisions of ehis franchise.
2,3 "Grantor" or "Ci tY" means the City of: Reecho Cucamonga
or its delegate acting within the scope of its jurisdiction.
2.4 "Initial Service Area" or "IS A" means the yeog raph tc
area of the Clty, identified in this Agreement, whose residents
must be Provided with cnb le service prior to Grantee providing
cer.___ tc ary ot.*.¢r area cf tre C'ty.
2.i "section" moans any section, subsection oY provision
of this Franchise Agreement.
/~ 1
- 5 -
3. GENERAL REpUIREMENTS
3.1 Governing RRm_iremants. Grantea shall comply with tho
rag uirements of this Agreement and Title 7.
3.2 Franchise Fee. The Grantee shall pay to the Grantor an
annual franchise fee of five percent (SQ) of Gross Annual Revenues
derived from operations within the City, payable quarterly no later
than April 30, July 31, October 31 and January 31 of each year,
for tha preceding quarter.
3.3 Recovery of Franchise Coats. As provided for in
Title 7, Gzantea within thirty (30) days aftsr receipt Prom
Grantor of a wri ttan itemization, shall reimburse Grantor for
its reasonable out-ef-pecker costs incurred during the franchise
p rocesa, not to exceed Twenty Thousand Dollars ($20,000).
J.4 Payment to Grantor. No acceptanca of any payment anaLi
he construed as an accord thaC the amount paid is in fact the
co r. tact amount, nor shall such accopcance of payment be construed
as a release of any claim the Grantor may have foY further or
additional soma paynb le under the provisions of this Agreement.
All amounts paid shall be subject to audit and racomputation by
the Grantor.
3.5 Liability Inauranca and Indomnifica tion. Upon Che
e `fective date of the franchise, Grantes shall furnleh proof
that satisfactory Liability insurance policies are in Lorca,
in tNe minimum amounts of:
!~~
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° Workers' Compensation -- As Yequized by the
State of California.
° Comprehensive General Liability -- $1,000,000
each occurrence; $5,000,000 umbrella.
° Comprehensive Automobile Lieb iliey --
$1,000,000
The liability insurance policies shall be maintained
throughout the duration of this franchise, with a certificate
indicating coverage filed with Grantor. The insurance carrier
shall be au thori xed to do business in California.
3.6 security Fund. Within thirty (30) days after tl:e
effective date of the franchise, Grantee shall deposit into A
bank account of Granter, ea tab liahed by Grantor, and maintain
VII vrVVt , ..,IV aY1.1 VL ,WY LGVO 4.W, •NV pY{,LLlbLL S1L 4Y 1l1V 4tl OllY
Dollars (5250,000) as security. of said amount, no lees than
Twen t/-Pi ve Thousand Dcllare ($25,000) must be in Dash; the
camainder may be in the £a rm oP an lxrevoenb le letter of cruflit,
rho form of which Se sub iect to the prior epp royal oP the Gran toz.
When service has been made available to all residents o£ Area B
of the IsA, the security fund shall be reduced to Twenty-Five
Thousand Dollars (525,000) in the form oP an irrevocable letter
of credit, and maintained at this amount throughout the term of
the franchise.
!51
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4. CONSTRUCTION AND STURVICE REQUIREMENTS
4.1 General. The Grantee shall meet or exceed all the
ma to rial construction and service requirements set out in this
Franck±se Agren~ent, regardless of whether its subscriber pene-
tration and/or revenue aasump tions prove to be correct.
4.2 Construction Schedule, Thn ISA is da tined as indicated
in Exhibit A oP this Agreement. Gran tea shall complete system
cons Cruction and offer service to all unnerved residences in
Area B oP the I5A within twelvo (12) months after the effective
do [e of this Agreement. Gran the shall complete construction and
provide service to all residences in Area A oP the ISA concurrent
with the occupanty of the reaiflances.
4.3 Liquidated Dama~ea. It 19 understood thet it is
imnnn=:h1n .. •wj_ N ~ _ r`~~~~~~iy nn~erLnin Lfle total oxtent
of damages which may he inevzrod as n result of a Pailure by
Gran ten to complete cons tructlon within the construction pa riod
specified in th ie Agreement. Such impracticality arises out of
the dif £icul ty of ea tabliahing a cost Pox future damages suffered
by the public who ass denied services or thn effect o! non-
eompletion with respect to Snconvanlencs, anxiety, frustration,
financial loss, affective and efficient regulation of the franchise
fur the promotion ens protection of the public convsnlence, health,
safety and/or wellaro, or other Pacto re which are incapablo oP
me as urnment in precise monetary terms, Therefore, Grantee oPte ra
and agrees to compens2te the Gzan for in the amount of Five Hundzed
Dollars (5500) per day for each calendar Bay on which Grantee
/ ...)
8
has not completed construction of the eye tam and provided
service to the residents of Area B of the I5A in ecco rdance
with this Agreement.
The Grantor, upon a proper showing, agrees to waive such
liquidated damages in the event that a failure to complete such
construction arises out of Acts of God: earthquake, li ghtniny;
flood, fi rc; explosion, riots or civil disturbances; or other
cause9 not foreseeable and beyond the control of Grantee.
For any schedule delay that may occur, the burden of proof
shall be on the Grantee to demonstrate that such de ley wns
beyond its reasonable control or was not reasonably fo reseeablo.
The imposition by Grantor of any damayes shall be in accordance
with the proceduraa set forth in Section 9.2 hereo.£..
4.4 Riaht of Tn~rw r+Ine ni n...... _.._..-_ GL a,w~ bi:ail
have the right to inspect all construction or installation work
performed subject to the provisions of the franchise and to make
such tests as it shall find necessary to ensure compliance with
the terms of the franchise and other pertinent provisions o£ law.
4.5 Provision of Service Outside the ISA. Subaequont to
provision o£ ae rvice to all residences of Area B of the ISA,
Grantor and Grantoe ahali negotiate in good faith to reach an
ag raes~nt within ninety (4a) days altez a Gran tes request, to
extend Grantee's franchise and service area as mutually agreed
and cone is tent with applicable law. The negotiations shall include
appropriate Lndemnification to Grantor against litigation that may
contest the validity of any such extension of service area,
aupe reeding or modifying the hold harmless provisions of
Section 11.1 herein. ~ S.3
_ g
4.6 pos~+ble Termination of Franchise.
Grantor and Grantee agree that Gran tom may terminate this
Franchise Agreement under either of the following circumstances:
(a) If Grantee offers the ftanchiae for sale, prior
Co the provision of ae rvice to Area D of the ISA and to ali
occupied residences of Area A of the ISA.
(b) if Grantee has not acquired a suitable headend
site for Sts cable system in the City, within six (6) months
of the effective data of this Agreement.
4.7 Office. Grantee shall provide an office within the
City no later than the date of completion of service to Area B
of the ZSA. Grantee shall provide a toll-tree telephone number
for calls from City subscribers.
I~
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S. PYSTEM DESIGN AND PERFORMANCE REOVI AEMEN^S
5.1 System Capacity. The cab to television system shall
be installed to deliver signals at Lrnquancies up to al least
four hundred Fifty (4501 megahertz (MHz}, with specific capacity
as indicated below.
Signal
Signal Frequency Channel
Direction Range Capacity
Gutbo and 54-q50 Miiz 60-02 Video + cM
Inbound 5-30 MHz 6 Video + Data
5.2 Capaci tl' for Interactive Residential Services. Grantee
shall provide the capability for interactive reaiden ti al services.
When such services are offered, all customer equipment necessary
for such services, such as addressable interactive converters,
home terminals and home detectors, shnll be provided to subscribers
oy Grantee in accordance with established and uniform rate schedules.
5.3 Cab lecss tinq_Facilities. Upon the affective
date of this Agreement, Grantee shall provide a
capital grant of $15,000 for cab lecastin4 equipment, which may be
located at Chaffey Community College. The College, through
contract with the City, may manage the Public, EQucetional and
Government (PEG) access program Lor all access ueora of the cable
sys tam. In consideration of the equipment grant, Grnn tee shall
~~.ot be req uirea tp provide any additional local origination or
access facili tics ~r peraonne 1.
5.4 Interconnection. Upon Grantor request, Grantee shall
negotiate Sn good faith to Sntezconnect access channels of the
cable to levialon system with octher cable syatama in the City.
S...l
_ 11 _
Within three (3) months of a Grantor request, Grantee shell
report to Grantor the results of the nego tiation9.
5.5 Emargenc~ Alert Capnbility. within six (6) months
aftsr a Grantor request, Grantee shall provide the aystam capability
to transmit an emergency alert signal to all participating
subscribers, Grantee shall also provide an emeryoncy audio
override capability to permit Grantor to interrupt and cab le cast
an audio message on all channels simultaneously in the avant of
disaster or public ease rgency.
5.6 Standby power. Grantee shall provide standby power
yanszating capacity at the cable communications eye tem control
canter and at ell hubs capable of providing twelve (12) hours
of emergency power supply.
3.7 Pa.. ranr:ct r~..r-..i _ - „~ancee Snell provide subscribers,
upon request, with a parental control Locking de vita or digital
code chat parmits inhibiting the video and audio portions of
pay channels.
5.8 Technieel Standards. The Federal Communieationa
Commisalon (FCC) Rulers and Requla lions, Pert 76, Subpart X
(Tochnical Standards) and any amendments them to, shell apply.
Grantee agrees, however, to utilize the following porformonce
otjecu v.;a as into rnel yonla and ons indication of Grantee's
quality service. Grantor end Grantee agree that the performance
objectivae, in themeelve a, will not be used to indicate any
breach of the franchise.
~~
-iz-
?er£ormsnce Obie ctivee (longest amplifier cascade)
A. Signal to noise ratio 45 d8
B. Hum Zy
C. Compoaitt beat rs tic -55 dH
U. Cross undulation ratio -55 dH
/57
- 17 -
6. SERVICES AND PROGRAMMING
6.1 Services and Programming. 9nlese emergency conditions
prevail, Grantee shall not reduce the number of basic program
services without at least thirty t30) days prior written
notification to the Grantor and to subscribers.
6.2 Leased Channel Service. Grantee shall offer based
channel service at nondieeriminatory rates an3 on reasonable
terms and condi tiona, in accordance with applicable law.
G.3 Public, Educational and Government (PEG) Channels.
Grantee shall provide the aye tam capacity indicated in Section
7.2(c) herein fot public, educational and government usage
throughout the life of the franchise. Grantee may ut311 se
such chennela it not utilitafl foz PEC purppaea, but eha 11
relin9uish the channels wi rhi^ cis ;Gi uWntns Of a Grantor
notification of intended use.
/~~
- 14 -
7. SUPPORT FOR LOCAL CABLE USAGE
7.1 Public, Educational and Government Access. Grantor,
at its option, may delegate to an independent non-profit entity,
such as Chaffey Community College, the authority to manage ?EC
channels, support funds and other considerations provided by
the Gran tea and/or others, designed to promote and develop
public-benefit usage of the cable gygtem.
^.2 Grantee support for Public cable System Usage. Grantee
shell provide the following or equivalent auppo rt £or public
cable usage, ae a minimum:
fa) Provision of the attest equipment grant deai gnated
in Section 5.3 oL this Agreement.
(b) Provision of a grant of ant dollar (51.00) per
subscriber per year for PEG access support annually for the life
of the franchise, based on the number of basic avbec ribeis
connected to the system at the end of each year. Grantee agrees
that this treat is not a franchise fee, but rather is made in
lieu of the Grantee providing and maintaining public access },'acil i{,ES .
(c) Grantee agrees to make available for Government
and Educes tionel use one (1) composite video channel. This
channel shall be dedicated for the term of the franchise,
provided that Grantee may utilize any portion of this channel
not sched~•±od for Government and Educational use.
No earlier than twenty-four (24) months after the affective
date of this Agreement, Grantor may request and Grentea shall
provide a second Shared channel for Educational and Government
use. Grantor msy not submit ^uch a request unless the access
channel already IweiO9 utilized is cab le tae ting at least one
/59
- 15 -
hundred (100) hours per aonth for aix (0) con tinuoua months,
of unduplicated video programming, and, further, that additional
contemplated Government and Educational prcg=amming cannot
effectively utilize the exiating channel during the time it is
availab la.
7.3 All items indicated in Section 7.2 above shall be
provided in accordance with the schedule attached in Exhibit 3.
~p0
- 16 -
8. PURCRAEING, TRAINING ANU EMPIAYMENT REQUIREMENTS
9.1 Local Purchaeina and Nirinq Policy. Grantee shall
establish a policy of employing City residents within its own
operations, and/or utilizing City-based firma fez purchases and
construction subcontracts, to the maximum extent possible.
Grantee shall provide Grantor with a written report o! local
purchasing and Nirinq achievements, upon reasonable Grantor
request.
8.2 Equal EmploymenC Opportunity and Affirmative Action_
Programs. Throughout the term of the franchise, Grantee shall
conduct its buainesa as an Equal Employment Opportunity/
Affirmative Action Employer. in addition, throughout the term
of the franchise, the Grantee shell maintain a policy that all
employment decisions, practices and procedures era baaed an
merit and ability without discrimination in violation of State
or Pedezal law on the basis of an individual's race, color,
religion, age, sex, national origin, or phyaica: or me.-.tal
handicap. The Crantoe'9 policy shell apply to all employment
actions including adve rtisinq, recruiting, hiring, promotion,
tranefsr, remuneration, selection for Braining, company beneEi CS,
disciplinary action, lay-off and termination. The Grantee shall
carry cut this pclicy thrcugh ccntinuod 3edication to a determined
and sustained effort to provide equal employment opportunities
to all by taking affirmative action to employ and ndvauce in
employment qualified women, minorities, persona who are
physically or mentally handicapped antl vstarans.
W~
- 17 -
9. kLGOLATION
9.1 Franchise Reeula tion. The franchise granted under
this Agreement shall be subject to regulation by Grantor in
accordance with Che provisions of Title 7 and applicable law.
9.2 aemedies for Franchise Violations.
(a) In addition to the remedies For delays in con-
struction as specified in Title 7 and Section 4.3 of this
Agreement, Grantor reserves the right to impose the following
remedies in lieu of liquidated damages in the event Grantee
violates any other material provision of the franchise, provided
that Grantee has not commenced corrective action within thirty
(30) days written notice by certified mail to the general manager
of the Grantee.
(1) Assess damages, not to exceed Fifty Dollars
(5501 per day or per incident, for Grantee's individual willful
and/or repeated violation o£ the Erse chisn or failure to tako
corrective action with respect to n vie lotion of any material
provision of the franchise.
(2) Acquire Grantee to make rate rebates to any
customers or classes of cue tourers for degraded yr interrupted
service in such amount and on each basis as Grantvr may deem
reasonable.
l v! e~
-le-
(b) In the event the stated violation is not
reasonably curable within sixty (60) days, the fran shies will
not be terminated or revoked or damages assessed pursuant to
Secticn 4.3 or 9.2(a)(1) of this Aereement if the Grantee providos,
within the said sixty (60) days, a plan, sa tiafactozy to the Grantor,
to remedy the violation and con tinves to demonstrate goad faith
in seeking to correct said violation.
(c) In determining which remedy or remedies for
Grantee's violation are appropriate, Grantor shall take into
cons ids ration the nature of the violation, the person oz persons
bearing the impact of the violation, the nature of the remedy
req aired in order to prevent £vrther each violations and such
other ma tte zs as the Grantor may deem appropriate; provided,
haws var. hhaf wAnnna •n mnA1.. w e• s.w t.w.......a is ~_
.._ _..___ ...___ __ _.~_.._- __ _C_..CC ~..
in any way materially lessened, or if. any material provision of
Chia franchise is not rnmplied with.
(d) Within ten (10) days after receipt of a written
notice of a violation from Grantor, Grantee may request n
hearing before a Grantor-designated hearing offieez in a full
;. ••t lic proceeding of Fording due process. Such hearing shall
be held within thirty {30) days of the receipt of the request
therefore.
/~3
- 19 -
10. FORCE MAJEOREt GRANTEE'S INAEILITY YY1 PERFORM
10.1 in the event Grantea'a performance of any of the
terms, condi tione, obligations or requiromants of this franchise
or Title 7 is prevented or irraired due to any cause beyond
its reasonable control or not reasonably foreaaea6le, such
inability to perform shall be deemed to be excused and no
penalties or sanetiona shall be imposed as a result thoroof,
provided Grantee has noti £ied Grantor in writing within thirty
(30) days of its discovery of the occurrence of such an event.
Such causes beyond Gxante~'s reasonable control or not reasonably
foreseeable shall include, but shall not be limited to, acts
of cod, civil emergencies and labor unrest or atrikea.
~ `~'`~
_ Za_
11. HOLD HARMLESS
11.1 ~rhe Grantee shell defend, indemnify and hold harmless
the Grantor, its officers, boards, commie siona, agents and
employees, and each of them, against and from any and ail claims,
demands, actions suits, liabilities and judgments of every kind
and nature and regardless of the merits of the name, arising out
of or related to Grantee's exercise of rights arising from the
franchise granted pursuant to Chia AgreetnenL and to mitle 7
including coats of investigations, attorneys' fees and court
costs in the defense of any netiona, to the extent that such
claims or demands are alleged to be the ren ulC of any error,
omission, intentional act or negligent act of Grantee or any
persona employed by Grantee.
With speciii~ a.__s^~A to Cali £ornia law, Gzan tee agrees
to inden:ify and hold Grantor harmless from and against any
lawsui to which challenge Grantor'; iaauanco of a cable television
franchise to Grantee under Calito ru is Assembly Bill 543 ("AB 543"i,
which became effective January 1, 1990 (a copy of which is
attached heseto as Exhibit C). In the event of any lawsuit
elleging thnt Grantor violated AB 543 in the issuance of a
franchise to Grantee, Grantor shall:
(a) Promptly notify Grantaet and
(b) Grant to Gran tae full control of the defense and
settlement of such actiont and
(c) cooperate //~__ully with Grantee; end
~W~
- 21 -
(d) Make no mmpromiae or settlatmnt of any each
action without the prior written consent of Cran tea.
The settlement of any claim or action by the Grantor
without Grentee's prior written consent will release Grantee
from its oh li gationa contained in Chia A.B. 543 indemnification.
This indemnification shall continue in effect !or a period of
up to one (1) year following the effective date of this Agreement,
or when Grantee has completed ite service re~uiremente for Area B
of the ISA, whichever occurs leter~ and provided, that Grantee
shall continue that indemnification throughout the full period
of Litigation, should any such litigation take place.
/ ~~
_ 22 _
12~. SfiPARABILITy
12,1 If eny material section of Titie 7 and this Agreement,
as determined by the Grantor, is held to be invalid oz preempted
by Federal or SCate regulations or laws, the Gran for shall
negotiate with Grantee appropriate modifications to this Agreement
to provide reasonable relief lrom such invalidity or preemption.
If the parties are unable to zaech agreement on such modifica-
tions, the dispute will be submitted to an arbitrator, in
accordance with California lnw, who will determine what modifi-
cations am eppmpriate and the arbitrator's decision shall be
binding on the parties.
/~~
-23-
IN WITNE55 WHEREOF, Grantor and Grantee have e~tecUtad
this Agreemane the date and yeez first above written.
APPROVED AS TO FORM: CITY OF RAHCIiO CVCAMONGA
A Municipal Corporation
By
City Attorney Mayor
Data
ATTEST:
~i cy 1:18rK
(SEAL)
TIMES MIRROR CABLE TELEVISION
OF RIVERSIDE pOVNTY, INC.
Dnte
~~S
EXHIBIT A
CONSTRUCTION AND SERVICE SCHEDULE
i~9
13) After the ae cond (2nd) system and services re view, six (6)
years Erom the effective date of thin Agreement, the City
may issue £indinge indicating that an indepandent Znstitutionel
Network is economically and technically faaaible and may
require the construction of Chia network. Such a requirement
shall 6e imposed on all Grantees concurrently.
17~
~'{.
MAP
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EXHIBIT A
{1} The Initial Service Area (IHA) is defined as Area A and
Area H, as outlined in the ¢ncloaed map. Area B lice
within the franahl sa and service areas of other Gran twos
(Comcast and DCA Cablevision). Grantee agrees to make
service available within twelve (12) months of the effective
dato of this Agreement to all homes within Area H not ovrrantly
served by any other franchisee. Grantee has no obligation to
oFFer ae rviee to any residence se rued by another Grantee. Grantee
shall be persd.t tad to construct a transportation trunkline
De tween Area A and Azea B for the purpose of delivering signals
From its headend to the ISA.
(2) Grantee shall offer service to Area A concurrently with
cong+ie ~i.i~. W.d c-- ^"^^,' of sesideneas in Area A.
(3} Grantee shall not be required to provide activated two-way
capacity on the residential network for at least three (3) years
after the effective date o£ this Agreement. Ater the
first system and services review palled for 1n 8ee tron 7.03.080
of Title 7r the City may issue findings indicating that
activation is economically and technically feasible and
may require such activacior. withir. a r^_aeonabie Feriad.
173
EXHIBIT E'~
SCHEDULE OF GRANTEE _OMMITME.tl1`S
I/~
EXIIIHIT B
(1) Cranchlae payments shall be made quarterly on a calendar
traeie, and tre due and payable wl vain 30 days of the end
of each quarter.
(2) The cablecasttnq equipment grant of Section 5.3 shall be
provided upon the of feetive date of franchise.
(3) The PEG access support grant• of Section 7.2 (b) ehnll be
provided no later than January 31 of eech year.
~.J
y:.
ERHIBIT C
CiwIFOANIA fAW A.B. 543
I~~
AMENDED iN SENATE AUGUST 2S, 1980
AMENDED IN SENATE AUGUST 91, 1980
uunontan ccmta*vu-aw~ao uan.~u rduoN
ABBEMSLY BILL No. xi3
lntrodund by Awmbly Member Moon
February 9, 1080
An set W amend Saetlon 89098 of, to add Saetlon b30e&J to,
the Government Coda, raLttn~ to oab4 telavUtan.
t:ew.~rn~a caaaaa ormr
A8 9M1, as emandad. Moore. Cabo tatavislwi.
Eslslta~ law auttunisa tba Rarttlns by a Qtly. county, or
elty and aouaty of a oabU ar aomtouptty antataa alevuton
rydem. Edstlni law aLo reeuires w P~rhN. rtNUw..
coa~mlasiat to wtabtlsh Bad emtorw rata;--tau, and
eondltloas for pob attaohmanh or reamapmenta when a
publto utWty sad aalda tekrvlslon oorporatton or auociatloa
w w wwo s~wvuwe eyrrenl Wlnlent 4ltanCldM. The b!]1 urou:rt
state 1ag41attve Andfnss and aaciaratlonq and would specify
andt~aoadlNotu~that~~wrdd~ha~dba rtut boon aec~b
talevlrion fraaehlsa could be granted In as Brea where a
Irwoblsa tau ahsady bpereenv~ananbd. The.bdl would provide
county ~~conddlletla8 the a~pyprov~ilc orn ~ or di~ as
oddttkmal cable rervtpe Fnoohtw 1n any .,va of tt!! city,
on whe~t~or not the ~tl~ to make `Host determfnatloy
Brant ebe addltlmul franch4e within 8
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CA11PnaNU I.rGISLANPB~1Gaa-W A6CULAa 56ti470N
ASSEMBLY BILL No. 2882
Introduced by Aswmbly Member Moom
~- I'ebruery 13, 1990
An act to emend Section b3(Kig.3 of the Government Cade,
relating to cable televWon.
uscmaam oourlact.s woerr
AII PARE, as introduced, Moore. Cable televWon.
Pedaling law empowers any dty, cosmty, or city and wunty
ir. the state to authottixe by Frapchiae or licetne the
construction of a community antenna television system.
`, I,xisting law requires any franchise ggrrouted to provide cable
televldon service to an area already franchised and served by
en exlating cable operator to requtre the kanchiaee to wire
and serve the same geognphlcal ere0. and [o contain tke
seine public, educadonal, and governmental accea
requiremenh that are rot forth is fbe exkting franchise.
This bill would limit that rmnbom,mf ~n nq~ edAlNnw_I
franchito to provide cable televidonservice fn an area in
which a franchise hu already been granted rnd where en
existing cable opentor to providing aervlce or certifies to the
franchising authority that the e><tatlag operator Is reedy,
willing, and able to provide service. [t would also require the
franchisee to wire and serve the geogrsphlcal area within a
reasvneble lima, and in a sequonce which does not
~ discriminate agolmt lower income or minority residonh.
Vote: mglodty. Approprietlon: no. irisCal committee: no.
State-mandated local program: no,
sa so
ego
AB 289'2 -2-
The people of rho State of CahYornia do enact as follows -'
SECTION 1. Section 53086.3 of the Government
Code fs amended to rend;
58086.3. (a) if a city, county, or city and county elects
tc gran! an additional cable television franehfu in an aroa
where a franchise has already been granted to a cable .~
televtston operaror, tt shall do so only after a public
hearing noticed pursuant to Section 6066,1n a newspaper
of general circulation as defined in Section 8000, where all
of the foilow[ng have been considered;
(1) Whether there wig ba significant iwlttve or
negative impecG on the rnmmunity being served.
(2) Whether there will be an unreasonable adverse
eCOnomlc or aesthetic impact upon pubRe or privdc
property w[thin the area.
(3) Whether there will be an unreawoable disruptimt
or incortveniegce to eaistlag uses, or any adverse affect
on future tae, of uNhry poles, publte easements, and the
public rlghis-obway mhtnry m the intent of Sealion ,.,,
?67b of the Public Utgittes Code.
(4) Whether the franchise applicant has the technical
and Financial abWty to perform.
(6) Whether there 4 any impact on the franchising ~
-L;!;~.:tv s interest in baving uafversal cable service.
(6) Whether other a0.tieiy i-~--fir. generally
considered by Ganchising authorities will ba met,
(1) Whether the operation of an additional cable
television system in the community is economically
feasible.
(g) Such other additional matters, both procedural
and substantive, as the franehising authority may
determine to be relevant,
(b) Nothing in [his section prevents any city, county, ~'
or city and county from constdeNng the approval or
denial of an additimtal cable service frmchise to a8 er any
par! eF the area of the city, county, or city and county,
subject to compliance with sulxNv4ion (d), or the
imposing n[ additional terms and conditions upon the
graniing of the franchise, as the city, county, or city and -.'
W a0
V
-3- AB 7892
~.
v
v
,~
i
2
3
4
5
6
7
8
9
10
I1
12
la
1~
15
18
19
la
is
20
21
22
29
9A
25
county determines is necessary or appropriate.
fe) The city, county, or dty and rnunty shall make a
final determination as to whether to grant the additional
franchise within sir montla~ of the application date udess
the Jurisdietloa can establish that the • cant has
unreetonably delayed proceedingp dedgned to conrider
the matters eat forth in paragraphs (1) to (g), inclusive,
of subdlvldon (a).
(d) Any additional fmnchiw granted to provide cable
televWon service in en area a4e•dy bed red
easved by •e ~S sable eperater io wblch a franeblae
hu'alneedY been granted and wbere an edrtlng cable
operator fd pro aervlcn or csrtlAes to the
francbbing authority t t It Is ready, willing, and ab/e to
prov/de service, shell reeqquire the franchisee to wire and
serve the rams geogr•~htoal area within a reasonable
time and in • sequence wfdeb does not dtsvlmmrte
against bwer btmme w tnlnerlty rmftknts, and shall
contain the same publk:, educatiund, and governmental
accew requiret~tp that aro tat forth in the eristina
franchise. This wbdlvisian door rwt apply wbora al)
asirtLrg Able Operators aerfify to the fianc64trtg
authority that they do not intend to provide ssrvlee
wllhin tl M ...i.le Nm~ ,n ,L.. _ . , . „
r... ~i w ,V uy NNN,W J JOI VO,1
by the additlooaf frarrcidte.
O
w tt
~~
TIMES MIRROR SYNOPSIS
Times Mirror Cable Television is a Delaware corporation and is
solely owned by the Times Mirror company, one of the country's
most successful and highly respected media communications
companies.
The Times Airror company is publicly held and has interests in
the radio, television and newspaper business as shown in
Exhibit 2. The Times Mirror Company is a California-ba=ed,
Fortune 500 corporation, and is backed by a long tradition of
excellence in communications, beginning with the publication
of the 7os Anaeles Times Press (subsequently becoming the 3,0~
Angeles Times) in 1881. Since that time, Times Mirror has
Seen recognized for its commitment to quality in all of its
<;om•nunications enterprises. The Los Anaeles Times, w a
:end The Hartford Courant have won a number of prestigious
awards for journalistic excellence. The newest member of
Times Mirror's family of newspapers, the Baltimore Sun
newspapers, has bean awarded 12 Pulitzer prizes. In additior„
the I~os Anaeles Times and Newsday have been named two of the
nation's 10 best newspapers.
Like these other Times Mirror subsidiaries, Times Mirror cable
Television can point with pride to several achievements over
the years, both nationwide and in Southern California. In
1972, we built one of the nation's first cable television
microwave systems interconnecting our systems in Riverside
county, San Diego County, Orange County and Palos Verdes.
'1'h 1S 60pn16t1C0L0G m1CI0WaVe 6yBLem 6nilalWtlu niyuai yuaiii.y.
Times Mirror Cable Television wes the first cable operator in
the united States to develop its own computerized data
processing system to service customer accounts, a product
which has been purchased by other major cable operators.
Today Times Mirror Cable Television serves more than 1,100,000
customers in 17 states under the dba of Dimension Cable
Services, Inc. our commitment to Southern California remains
strong and highly visible. Our parent company is
headquartered in Los Angeles, and Times Mirror Cable
Television's corporate headquarters are located in Irvine. We
currently operate cable systems in San Diego county, Orange
County, Riverside County and on the Palos Verdes Peninsula
(Los Angeles County), serving over 259,000 customers. This
geographic concentration means that the system serving the
Rancho Cucamonga area will have quick end easy access to our
corporate resources and that we are, and will continue to be,
a major supplier of cable entertainment to Southern
California.
Times Mirror Cable Television has provided cable television
service in California since 1970 and currently has over 19,868
miles of cable system in place throughout the U.S. The system
we propose to build for Rancho Cucamonga will be constructed,
operetad and maintained in excess of the Federal
Communications Commission's minimal technical standards.
183
- CITY OF RANCHO CUCAMONGA
STAFF REPORT
OI~TE: Deoaober 19, 1990
'ID: Mayan and Members of the City (.tiunil
FIiC~1: Diane O'Neal, Management Analyst II
SOA7NCP: C 10 Atl@O Iaffi+~S OHI102AtiC6 H7[
A~ P1iAIS1R7 R~QIIaM' PA19ffilf RR 1~+~
~IECE~I S®NICE4
It is r'ecv~merdes that an advertised public hearing be set to hair this matter
at the Camcil's January 15, 1941 meeting.
BACRC~IRII1
7Y~e proposed amendment to the City's RetUse Ordinance would institute mardatc¢y
refl,~ collection city-wide effective Jat7uary 1, 1992.
The tYrvirormental Management Cameision reviewed the draft Ordinance at its
October 25, 1990 mectirg and corahx~tsi an advert-~ public hearing at its
Novanher 25', 1990 meeting.
Additionally, the omission had requested that the draft mandatory Ordinance be
shared with the Ctatn6er of ~merce's Governmental Relations Crnmittee far input
and comment. Also, the Chamber wa:: notified in advance of the ~missicn's
advertised lublic hearug regarding this matter.
One memher of the C,overrvserttal Relatiom Oo®uttee apposed the propoeeed
Ordinance and no other amments were presented by the tliaaJier.
At the ~vnissiwi's NovPmbPr 29, 1990 meeting, ro q~position Was presented to
the ~nmissi~m.
A.vposed Ame~1t to Refuse orainanoe
~~
Deoaaber 19, 1990
ANALYSIS
'lhe City Attorney's office has advised that the City ~mcil is reglrlrEd to set
an advertissi public hearing for this pxnposa9 amenctnent and staff is
remime+srling Yhis matter to set for Jarnaary 15, 1991.
1 tied,
Diane O'Neal
Mat~agem~+nt Analyst ZI
DO/dgo
Attadment: Proposed Amerc~ent to Orditk371ce
' CJ~`.~
l~RAfT
ORDIHARCF NO.
AH ORDINARCB OF THH CITY COORCIL OF THH CITY
OF RANCHO CIICAMONOA AHBNDIRO 68CTION 8.17.280
OF CSAPTBR 8.17 AND 88CTION 8.19.280 OF
CHAPTER 8.19, HOTH 08 TITLg 8 OF THH RANCHO
CHCARONOII RiR7ICIPAL CODE, ADDIH6 PHOVI8ZOR8
R8QDZRIH6 PAYRBNT FOR RSPDBH COLLECTIOH
SBRYIC86.
A. Recitals.
(i) The City presently does not require that each
individual residence, commercial or industrial establishment pay
for trash collection services. This may cause the non-collection
of refuse material to occur within the City.
(ii) The City Council has found and determined that
the periodic collection of refuse end rubbish from all
residences, commercial and industrial establishments will benefit
all occupants and residents of the City and will further provide
for the health, safety and welfare of all persons within the
City.
(iii) All legal prerequisites to the adoption of this
Ordinance have occurred.
e. ordiaana~.
NOW, THEREFORE, be it ordained by the City Council of
the City of Rancho Cucamonga as follows:
eeotion ;. In all respects as set forth in the
Recitals, Section A, above.
Title 8 of ta=he~Rancho CucamongaiMUnic ipalBCOde, Ciapamendad7tof
read, in words and figures, as follows;
"8.17.280 Charoes gp; Service.
"A. Collection Charge. A charge for the
collection of refuse shall be imposed by the permittee
to the owner or person. in control oP each residential
unit. The amount of such charges shall be fixed and
changed from time to time by the permittee after
approval by resolution of the City Council. A charge so
fixed shall be a civil debt due and owing to City or
permittee Prom the owner or occupant of the residential
unit to which the collection service is made available.
V `~' ~
DRAFT
"B. Rata Adjustments. All revisions and charges
levied by a permittee must be submitted to the City
Cottncil for r. eview and action and must be approved by
resolution of the City Council following a public
hearing upon at least ten days' written notice to the
permittee."
ect o ~. Penalty for Violation.
A. Criminal Violation.
It shall he unlawful for any person, firn„ partnership, or
corporation to violate any provision or to fail to comply with
any of the requirements of this Chapter. Any person, firm,
partnership, or corporation violating any provision of this
Chapter or failing to comply with any of its requirements shall
be deemed g+±i lty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding one Thousand Dollars,
or by imprisonment not exceeding six 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 Chapter ie committed, continued
or permitted by such person, firm, partnership, or corporation,
and shall 6e deemed punishable therefor as provided ir. this
Chapter.
B. Civil, Remedies Available.
A violation of any ~L t::e provisions of this Chapter shall
constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent
injunction, or in any other manner provided by law for the
abatement of such nuisance.
8ectioa 5. The City Council declares that, should any
provision, section, paragraph, sentence or word of this Ordinance
be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs,
sentences and words of this Ordinance shall remain in full force
and effect.
nur.Pi nn R. ~r'no rta.rn.~ un~,~ •wio n.-.a~.~e..,.e ..a •w.,
City Clerk shall cause the same to be published within fifteen
(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.
1 ~~ "'
Of~AfT
PASSED, APPROVED and ADOPTED this day~of
1990.
AYES:
NOES:
ABSENT:
ATTEST:
Debra J. Adams, City Clerk
Dennis L. Stout, Mayor
I, DEBRA J. ADAMS, CITY CLERE oY the City of Rancho
Cucamonga, California, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the Council of
the City of Rancho Cucamonga held on the day of
1990, and was finally passed at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the
coy of , 1990.
Executed this day of , 1990 at fiancho
Cucamonga, California.
Debra J. Adams, City Clerk
nuu~mwanxc~. ~.i A I ~ Q
- CITY OF RANCHO CC.'CAMONGA
STAFF REPORT
DATE: December 19, 1990
TO: Mayor and Members of the City Council
FROM: Jerry B. Fulwood, Deputy City Manager
Si1BJECT: PROPOSED ACTION PLAN FOR R880L9TION OF DAY LABORER ISBDE
Recommendation
Approve action plan Phase I and Phase II to address the day laborer
issue, and select two Councilmembers to serve ors a task force.
On October 17, 1990, City Counci.L directed the Public Safety
commission to develop an action plan to address the concerns of the
community impacted by the day labor~ars.
The challenges presented by the da}• laborers in the area of the
former. Labor Camp has become an issue with which Rancho Cucamonga
is dealing with on a daily basis. The loitering and other problems
are not confined to the immediate area of the former Labor Camp.
mhaca nrnhiamc extend from Arrow north to Rase i.i ne and from Grove.
east to Archibald Avenue. The City has received complaints about
laborers in the Sunrise Shopping Center at Base Line and Carnelian.
city Council, on October 7, 1990, granted morn latitude in
developing a plan to address this ongoing problem. The proposed
plan is an overlay over the many actions taken in the past by the
Public Safety Commission. The following reflects some of those
actions that have been taken in the past by the Public Safety
Commission of which many are still operational and effective.
• Fire inspection at E1 Chico Market and surrounding apartments
for safety reasons.
• Fires in the area have been kept ':o a minimum since weeds have
beer, abated, and activity his dre ;ped s.,,ce the Labcr C ap was
torn down.
e The Rancho Cucamonga Police has keen making extra petrels of
the area in the early morning hou:^s, and has been handing out
warnings to contractors who have been coming to pick up
workers in the area.
Day Labor Issue
December 19, 1990
Page 2
• The Police has been making periodic sweeps of the Labor Camp
and neighboring properties to keep people from establishing
campsites or shelters.
• The Police has and will continue to work with the INS in
coordinating sweeps cf the area.
• Posted and enforce "NO Stopping" zones along Arrow Route.
• Cleared buildings on the Labor Camp property.
• There is currently a proposed development plan for the Labor
Camp property and surrounding properties. This deveiopment
is currently in the normal development review processing
stage, but the City does not expect to see any significant
activity on the site within the near future.
• The City has been talking with the property owner to insure
compliance with weed abatement and other types of hazard
abatement.
• A letter has been sent to the Building Industry Association
asking for cooperation in improving the situation by notifying
their people not to pick up workers in the area.
• The ri*v has hoc ~~; ;th ~h_
n ....m.m...:.. ... r.~.., _.~__~
Development Department (EDD), and has been working with them
on employment programs for the day laborers on Arrow Route.
• Contact County Health Department -- This has been used as a
resource for determination of situations in which a health
hazard may exist.
• Development of No Trespassing ordinance.
• Citing drivers for impeding traffic and walkers for jay
walking.
• Citation of vehicle drivers for illegal parkins, unsafe
picking up and dropping off passengers and other vehicle code
.iclat~ons as observed.
• Contact county Social Services to determine if there is any
assistance that can be provided in finding housing for those
who are using the Labor Camp area as a campground or who have
no housing.
/9~
Day Labor issue
December 19, 1990
Page 3
The property owner has cleared the underbrush, concrete slabs,
and hillocks on the site.
The City has posted in the Labor Camp area fliers in English
and Spanish informing those looking for work where they can
qo for help. In addition, these fliers have been aivPn to the
Police and community relations personnel who work in this area
for additional di=~~tribution. Also, a flier aimed at employers
and contractors have been distributed alerting them to where
they can find employees.
The implementation of the above actions did have a positive impact
on the day labor situation. However, it appears that more is
needed. The City is still receiving complaints from residents,
merchants, school officials and the general public about the
situation.
Some people perceive the mare presence of the workers as a problem
particularly when there are large groups. Others have cited
specific incidents such as laborers running up to vehicles,
blocking entrances to driveways, parking lots and stores,
intimidating customers and passersby, littering, loitering and
urinating in public. At the November 6, 1950 and November 20, 1990
Public Safety Commission meetings, a number of residents expressed
many of the above problems as well as the following problems: foul
lannna rt_P PvPPecivP /-rach nhilA.~nn hoi..,. ba.-a_~_.-..a a...... i.
fires, loud music at all hours, break ins, slow responds by
dispatch, robberies, private property trespassing, residents being
followed home, park usage after hours, and vandalism.
The City of Rancho Cucamonga is desirous of reducing community
tensions and working with all residents towards the implementation
of fair, humane solutions for all involved: the workers, the
residents, the business community, the general public and all other
concerned parties. It is important to remember that there is no
simple solution to this challenge, because these problems deal with
major social issues, immigration issues, and enforcement issues.
For example, the INS has limited resources and they are being
spread very thin. Therefore, they are unable to provide the City
with the level of service Rancho Cucamonga is seeking. Secondly,
the Police DEpartment can Oniti entbrce iflw where }hPTP is a
breaki.nq of the law. The mere presence of workers standing around
on public property does not constitute a breaking of the law.
Additionally, everyone has a need for work, food, clothing and
shelter which deals with social issues. Therefore, staff believes
that a balanced approach to this problem is necessary.
191
Day Labor Issue
December 19, 1990
Page 4
The other challenge that we face is reflected in the reoccurrence
of the problem in other areas. When pressure is asserted in one
area, the problem resurfaces in another place. We believe that a
resolution will be found for this problem. However, it will take
everyone working together as a team.
The following items with an astarisk are being presented to City
council as Phase I of the action plan. The Public Safety
Commission will be considering the other stops as part of Fhase II.
* Develop special Immigration Naturalization Service (INS) sting
operation in former Labor Camp area, and on people who pick
up laborers. This would include usage of unmarked INS
vehicles to pick up day laborers to confirm acceptable
documentation.
* Implement special. four-wheel drive patrol units for regular
patrol former Labor Camp site and other vacant parcels as well
as the drainage channels within the area.
* Provide special City Hot Line for general usage on day worker
issues. This will channel all questions or probl~=_ms to one
facilitator. This person will be able to make sure all
resource and components of the program are being used to their
maximum.
* Provide enhanced levels ox aG~.:c~ ~' =ray mprnib.4 hours
when children are waiting at school bus stops.
* Provide enhanced levels of evening and night patre:l. These
patrol units will work in conjunction with a Neighborhood
Watch Program and the citizens Patrol.
* Implement a Park Watch Program.
* Have No Stopping signs posting reviewed for effectiveness and
consider red curhs as an added Vehicle for enforcement
purposes. Additionally, We will consider extending the No
Stopping/Standing signs.
insure proper no trespassing signs are posted on applicable
properties so that they can ba e.^.forced-
* Notify residents and property owners of no trespassing
ordinance.
* Form a task force made up of City Councilmembers,
Commissioners, school representatives, residents, business and
property owners, Labor Camp representative and City staff.
19a-
Day Labor Issue
December 19, 1990
Page 5
* Increase cooperation among property owners.
Phase II of the actior. plan consists of the following items:
• Explore the possibility of working with State Employment
Development Department (EDD) to set up a special work site for
day workers. The City of Encinitas has implemented a Job
center Program that has been successful. We are reviewing
this pro9'ram and will be making a recommendation. Please see
Exhibit (A).
• Assist in obtaining Social Services for those at the special
work sites. This can include assistance with finding day, as
well as permanent jobs, housing, medical attentions and food.
• Place regular advertisements in the newspaper asking that
people seeking day laborers not pick up workers at an
unauthorized location.
• Develop a brief handbook entitled Rights, Responsibilities and
other Important Information From the City of Rz~ncho Cucamonga.
It will explain what is and is not aoceptable conduct.
Additionally, it Will explain where a day worker can go for
work or provide telephone numbers they can call for help.
Th1s handhnnk wrn,lA he Aic+.~i F..fan s~^^ ^F ^*.r~_ .._ .... .-..Y
workers. It will be provided in Spanish and ]inglish. '
If this action plan is approved by City Council, sta__°f will Present
an update report in 90 days to the City Council.
JBF/tlr
JBF:636
Attachment
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STAFF REPORT
DATE: Ds^ember 19, 1990 ~~
T0: Mayor, Members of City Council and City Manager ~'
FROM: Joe Schultz, CLP, Community Services Director !!
SUBJECT: PROPOSED SAN B$RNARDIsrO LbL]tiTY pARM AND OPEN SPACE
pISTRICT IIPDATE ON PA7tmTCIPATION PROCEDIIRB
Attache8 is information regarding the proposed county-wide
ballot measure on the subject above. San Bernardino County
Interim Director of Regional Parka, Gerry Newcombe, will be
present to make a presentation to the council.
No action is requested by Council until January 1991.
Respectfully submitted,
/~JY~''/^/'iq`
en nh ltg,
community SE~cea Director
JS/kls
Attachment
f~
COMMUNITY, ENVIRONMENTAL ANA ECONOMIC EENEFITS
OF ESTABLISHING A SAN BERNARDINO COUNTY
PARR AND OPEN SPACE DISTRICT
1. Increased Quality of I.Ife and Euhauced Commuuity sad Property Values
Projects accomplished through the creation oC a Park and Open Space bisVict
with a benefit assessment to augmra inadequate existing funding sourecs
would increase residents' quality of life by protecting natural open space and
providing park avd recreation facilities. Not only does the provision of
adequate parks, trails avd open space create more attractive communities, thwc
amenities also increase property values.
2. Protectlov of • Natural Opeu SDaee.
Especially in rapidly urbanizing areas, protection of natural open space is an
urgent peed iC we are to provide future generations the same opportunities we
have had to experiwce and appreciate significant scenic areas, wildlife habitat,
archeological resources and outdoor eecreation areas. In addition to
maintaining environmental quality, planning for and protecting important
natural open apace areas also help to manage growth and Drovidc community
buffers. The Cistrict would have as one of its major missions the acquisition
apd protection of significant oDm space areas such as the Craftoe Hills, the
Day Creek area and significant habitat in the Hear Valley region,
3. Provlsloa of ^ Ri;local Tnll System.
As rho County grows, it is becoming incroasingiy difficult for residents to find
pieces near the;r homes to hike, horse-beck rice and bicycle. A major
function of a Perk and Opeo Space District would be to acquire trail rights of
way end develop a regional trail system. The Canrn s„e w:.... r_._:, _. _
would be a major priority, Completing Saa Bernat•dino County's link iny,the
"Crest to Coast' trail. Other trails would provide links from various
communities to the Santa Aaa River trail system and to the trails is the
pational forest. Should desert commupities participate in the District, a
similar regional trails system could be developed alonlS the Mojave River.
4. Regional Park Improremeuta and Addltloas.
Current funding prcci~da; developing new regional parka and severely limits
the Regional Parks Department's ability to expand and improve existing parks.
The new Diatrint, with its benefit asseasmevt, would provide for major
improvements and expansions at regional Darks such as Cucamonga-Guasti, Glen
Helen, Yucaipa and Lake Gregory; as well as facilitate the development of the
new Agua Maass Regional Park ip Colton.
n. Regional Cooperative Approach to Protects.
The District will provide toads for projeota which bcoefit residents in both
incorporated and unincorporated areas and which would likely be impossible [o
accomplish without a funding source such as the District which includes both
upivcarpprated areas and cities which choose voluntarily to Derticipete. These
cities not only thereby contribute to regionally aigpificevt projects, but also
rective a share of the assessment revenue for local park and recreation
projects.
~ i9~
6. Faodlsg [or Operatloas sad Malotenaaee of New Projects.
An increasingly common complaint by citizens has been the lack of proper
maintaining oC Darks and recreation (acilities, thereby diminishing user
enjoyment and safety. The District would provide (ands not only for
construction of new local and regional parks, recreation facilities and trails,
but also for the ongoing operation and maintenance of those new projects.
District funds are, however, not to be used to operate and maintain already
existing Darks aad recreation facilities. Rather they are intended to provide
and maintain additional parks, trails and facilities as well as to protect natural
open space.
7. Malnteuace of Carreol Faading.
The County will maintain its existing level o[ Cuading for the Regional Parks
DeDartmeet when it is incorporated into the sew Park and Open Space
District. Cities and local recreation and park districts are Similarly committing
to a maintenance of existing effort for their park systems when they join the
District- This ensures that the new dollars raised through the benefit
assessment will not simply of [set and allow a cut in previous revenue sources,
but rather will provide new facilities and projects.
tl. Conpoe for Use of Dlstrlcl Fadlllles by Asseumeat Payers.
Thou who pay the aueument will, ulrov request, receive a coupon for Cree or
discounted admiuion to regiomll facilities uD to the value of the portion of
the asuument earmarked Cor regional [acilities.
4. Income Stream for Rereane Bonds.
The District could use the auessment revenue to guarantee debt repayment for
revenue bonds which it could iuue periodically to provide large amounts of
capital for projects at desired times. This would enable tae utstncr ro acquire
lead while it is available aad to ':emplace projects is a timely meaner.
10. Sapplemmt{og of Oiher Rermae Sources.
In most instances, revenues geeerated from the District asuument will not
meet all of a jurisdictions' acquisition, development and operation and
ma.iatcnance needs. The assessment revenue, however, does become an
important Dart of a city's or districPS overall financial strategy. Elements for
a comprehensive funding program normally consist oC state aad federal grants,
user and development impact fees, landscape aad lighting district assessments,
general obligation or revenue bonds, and other oily or district revenue sources.
The assessment collected through the District supplements but dos not replace
these other revenue sources to create a balanced and equitable fuodiag
program for the provision of seeded Dark, trails wed reerention facilities cod
the Droteetion of sigmfmant natural open space areas.
To obmin more information about the District proposal, plctse coetact Gerry
Newcombe et the Regional Parks Departmept (714) 387-2544.
A X97
PROCEDURES FOR PARTICIPATING W TILE FORMATION ELECTION
FOR THE PARR AND OPEN SPACE DISTRICT
In eccerdence with Public Remvrces Code Seafon5506. b, n added bq Chapter 1017 of We Statutes of [990,
of festive Jmuay 1, t 991, emcityortetseuion and park district wMch wishn to be incloded within the Part
and Open Spero Disuict a[the time of its formation mustdo so byresoltttion Bits city council orgoventing
hoard regvening such irntivsioa. Thereselution most he ado~ted!(tCflaaverv 11991(thedale the ambling
legislauoatakes effem)and bNorcthe~i~fCopervtsots-~ ttstesol-anon pfi~ctog themeasures on the
hello calling lorformanon of the Uimitzattd eothariznionforabrnefit wessmtmto be levied rn parnb
withinthe District. The Baardis aapectedto act inealy February; thercfom, citiesand reaeationmd park
distsitss need to act aria to Grtuarv 31 to allow [atime toaeoerue a lead desctintion based on wMch
henritg ootlfication pmposoin midlaauaty, this rnewill iuclvdethemaximam disnictbovndtaies sintttlte
Board, m iu Febmery henaivg, cm delete areas nheretitin and recteuioa and pmk districudo nu adopt
resolmion, but cannot add area.) Thal is ^ fairly narrow "window" for adopting tewlouam, so it is imponam
tbet all the aecessarygronadwork with councils a governing boards is accomplished in advance of January.
The following is • suggested time line von may wish to follow to fatiliutethis process.
November :.... Place item vaegenda of my commimon or adviwry board for action inNovember.
think it would help to have sameorte from Reaioml Path at the meetin¢ to emwerr
November 1-7..MsilbackgrovadiniarmationliafotmationpactetplmMW)toconsmissionoradvisoryboerd
membmdong widtreeommrnded action: e.g. thnatheCommissiontecommetdtothelaity
Council orgoverniog bead thatitadopt aresdvtionto joiathePvk and Open Space District.
19orember 8 - 30.... ARer a commission a advisory board hnmade itsrecommrndation, tnasmit
an idormation nrcket with thetecommendation to the citvcoonctil aroovenrino
board; include the Rnoltnioa which the covntal pgoveming bond siW need io
adopt.
November R - 30..... As needed, con4tt individods and ongutixations m thecommomry who/wMch would
rapport the Disnitt proposd end secure letters of support [rom them addressed to the
aty mnmil a govenning bond. (Pleax dso let the Kegiond Parks Depanmem know
who these peoplelosganixation arc u well since their soppott might also be imponamto
commoniate to the Board of Svperviaon. )
December........ Meetindividvdlywidt eouncilmembenorgovetningboard membentodisrnnthe
District ptopasd; dtetnatively, 6aveasmdyysessionaworkshopaboottheDishiaproposd
with the ctrancil orgoverniog bound orpotthe DistrictpprrvvppvvnnlI rntheir Decemberagrnden an
iaformraioddiscassooitem. Also, place AdoptioaofRaolaUOnontheearliatpt»bble
January coda. PlaopresemuionforJaooar'tvondlagovattingbowdmeeuog:amogeirr
someone from Re¢ioad peas w attend ttdevted and consider wbetlwrsnppartstatemew
from eommooitymembmarmgeovniomisimpatut.
Janoary...........Try nget raolouonpassed nearly inthe momh npossible iacue a settmdmeeting is
needed. PleaseaotifyGertyNewrnmbensoonntumlutionrryoestisgimlvsioninthe
Disttictia adopted cad forwtrd the olBeidtesolutlonto the Clem otthe Board.
X98
FACT SHEET
REGARDING THE CREATION OF A
PART( AND OPEN SPACE D1STRiCT
What would a Park and Opeo SDact Disrrict do?
The District would be empowered to acquire (ands for Darks, trail rights of way and
natural r;scurcc protection; apportion funds Io providers of local parks and recrcation
facilities, as well as participate in joint regionalJloca! projects; develop, maintain and
operate regions! park, trail and recreational facilities; provide nature centers and
interpretive programs; and Drovide long term management o(, or enter into management
aarccmcnts with appropriate entities for. sensitive open =_oace areas. The District wnnld
play a key role in enabling the County to meet its goal oC developing and implementing
an Expanded Opcn Space/Trails Element oC the County General Plan to protect the
County's natural resources and meet the park and rccrtation nccds of its current and
future residcnts at both the local aad rcgiooal Icvcl.
The District would lncorpora[e the existing County Regional Parks Department functions
and provide an entity which could also acquire and manage open space areas with high
wildlife habitat, regional trail sys[cros, and archeological and scenic «source values.
Why is a Park and Open Space District needed?
The County's population has grown rapidly in /he last decade, creating a corresponding
increase in demand for park and recreation facilities and seriously impacting open space
«sources. Funding for park aad recreation services is not keeping pace with the
demands of an increasing population aad maintaining exia[ing levels of service requires a
greater shift to user fees each year. The District would provide an important new
avcnuc source to meet curzcn[ aad future nccds. Further, :he Couaty at present has no
mechanism to acquire and manage key areas of rapidly disappearing wildlife habitat,
regional trails rights of way and natural open space. Such acquisition and management
. n ....~n.tnn• ..n.~ ..~.... ..! .. r,.~~. ....J vY.:.i .eiMU.:~
.. .,. . .. ... .•... ... ~~...... v. .. .... .. ..u~
Distort plays a crucial role in imDlemen[ing the vision the County is developing to
crcatc a Pcrmancnt open space system and an adequate regional parks and trails system.
Is there a reason for cities and reerealioo and park districts to jolo the Dlalrict?
Cities and rccrtation and park districts which choose to join the Dis[rirt will have '[he
benefit assessment collected oo parcels within their jurisdictions. These revenues will be
apportioned between the city's park and recreation department or the local recreation
and park district and the new Park and Open Space District. A city's or rccreatioo and
park district's share may be used to fund to^,aI parks 2nd recreation projects, including
community parks, recreation ceoters, senior cea«rs aad athletic fields, apd to provide
operations and maintenance for new parks and facilities. The District's share would help
fund acquisition, development and operation of new regional facilities and acquisition oC
signii front open space areas withio the same zone ns the city or recrcation and park
d i.ctricr. F.xiuing funding sources inr city narks drnar!m.nra ann .__,.atinn and pa•k
districts would not 6e affected by the formation of the District.
How would [he District be fupded?
The District would be financed through user fees and charges, other funds from County,
State and Federal agencies, apd through the benefit assessment, iC approved by a
majority of the voters. Significantly, the secure revenue source from the assessment
would enable the District to issue revenue bonds to provide greater upfront funds for
~qq
acquisition and other purposes. The District will thereby have greatly enhanced capital
funds (or major projects as well zs stable ppcrations and maintenance funding. It is
proposed that the funding be apDOrtioveA to local park and recreation providers, park
and Vail capital improvement projects and open space/wildlife habitat acquisition in the
zone of prigiv, aad m operations avd mainttaance of the new District. Member cities
and park and retrtatio:. districts could also op[ to participate in a cevevue bopd
program"
How will Ih. District be governed?
Tht County Board of Supervisors would be the governing board of the District. It will
be recommended that the Board appoint a District Advisory Committee to provide input
and recemr:endatio.^.s :o the Boa: d.
What is the District (ormatlov process?
Legislation passed by the State Legislature and expected [o be signed into law in
September by the Governor allows the Board of Supervisors tp initiate [he District
formation proccu by placing a measure on the ballot to establish a Park and Open Space
District. A majority vote would be required for pauage. The measure placed before the
vottrs would specify District boundaries and a proDOSed benefit assessment amount, or a
range within which the governing body may fix and thcrcafter revise the auessment, to
provide a revenue soave: for the District in addition to general (and monies and user
Cats. The District need not cover the entire county; within [he District boundaries,
unincorporated areas woad be included as well as any cities avd park and recreation
distnets which choose to be included during the formation process 6y City Council or
Governing Board resolution. Voters within such cities avd park and recreation districts
would then participate iv the election to form the District. An Ad Hoc Committee of
city managers, park directors and representatives of the Regional Parks Dtpar!meat have
been meeting regularly since June to develop the specifics of the District proposal,
including joint projects to be funded and a revenue apportionment formula for each
geographic zone within the District. Thus, cities avd park aad recreation districts would
••~•"- ~,.c%,.Ir - o .. Tatty auu upen apace utstnet would be avd do before
making a decision about joining,
Is the District likely to pass?
In July, 1990, a public opinion survey was completed to assess voter attitudts about the
importance of open space and park (acilitics aad [heir willingnes9 to pay to protect open
space and have additional or improved park, trail and rtcreation facilities, The poll was
very encouraging. Depending on the specific item, between 36% and 74% of the voters
surveyed said it would be worth paying an additional X30 per ytar in taxes for services
ranging from more athletic Ci<Ids to open space avd wildlife habitat acquisition, more
trails avd regional parks facilities, and more neighborhood parks and playgrounds. There
was an exceptionally strong scatimeat expreued that important open space was rapidly
disappearing and chat local government should do more to protect it. When asked
specifically if they would vote for a Park and Open Space District and an ann Vai parcel
a5ere<_,.or bFUti pr the vpm:; ;,., vcytd suptiuried the District avd a E33 annual
assessment
How coo I Bet more iv(ormalim?
If you have questions or desire additional ivformatiov, please contact Steve MesscNi,
Director of Infrastructure, at (714) 387-2838 or Gerry Ntweomhe at the Regionsl Parka
Department at (7I4) 387.2394.
4~~
ECONOMIC, POLITICAL, ENVIRONMENTAL & SOCIAL BENEFITS
ACHIEVED BY PARTICIPATING IN THE
SAN BERNARDINO COUNTY PARK AND OPEN SPACE DISTRICT
1. Voters Decide by Maiorky Vote of District
In accordance with the enabling legislation forming the District, only a simple
~ajoriry vo:c i; rcgti:cd iv contra;: 'a ::h a 2; 3'; majority required Cor genera:
obligation bonds or special taxes (Community Facilities District, Mello-lions,
etc., which arc based on property values). The usual proces< for Corming a
District similar to the Park and Open Space District is by resolution and
protest hearing, a process often perceived as politically unacceptable by elected
officials.
2. Stable Source of Fundine
Unlike a bond measure which provides Cor a one [imt, Cixed amount oC revenue,
the District provides as ongping source oC revenue which increases with growth
frgm the creation of now parcels. The assessmevr amount could poly be
reduced or eliminated by a subsequent ballot measure.
3. No Election Costs
The County will bear the costs of the election to establish the District
(estimated at SI50,000 - 5200,000E Individual city or local special district
seeking to enact a special taz or have general obligation bonds approved would
have to bear the cost o(a local election.
4. CaTDa1Qn Suayart
Thcrc is evidence of suavg support by cnvirenmcrta! groups sad the
development community alike far the establishment of the District; thus, it can
6e anticipated that a strong campaign iv support oC the ballot measure ~ will
occur, enhancing the chances of passage. A local measure may no[ be likely [o
generate the same level of active support and campaigning,
5. No Overhead Costs
The County, as the lead agency, is also bearing the administrative overhead
costs assopia[ed with the creation of the District. In addition to conducting
the required Cinancial and legislative research and analysis, the County has
coordinated Dnblic opinion surveys which help essas what type of District and
assessmeni amouni fur which there is adequate vo¢r support. This Type of
scicntiCic rcacarch enhagces the potential for election success.
6. Local Operation and Maintenance Fundin¢
The District will provide funds Cor local projects and Operations and
Maintenance.
~"
Regional ADpraach and Coa~eration for Open Space. Trail
an~arlc }rrodects
The District will also provide funds for joint and regional projects which
benefit residents in both incorporated aad unincorporated areas and which would
likely be impossible to accomplish without a funding source such as the District.
8. Re~i nal Approach and ~pooeration for Operations & Maiat~ enance
The District wiU provide funds for Opera[:ons & Maintepance Cor joint and
regional projects.
9. Ooen~pace Opportunities
The District enables the County to take an active role in pm:~eting diminishing
open space and sensitive biological resource areas, an important concern
expressed by County residents during a Iuly 1990 public opinion survey where
7696 of those polled indicated that County government should play a stronger
role in protecting open space from tht impacts of development.
10. Maintenance of Funding
The County will maintain its existing level of effort in lauding the Regional
Parks Department with creation of the new District.
11. Use of District Facilities
Thos< who pay the assessment will receive a coupon for free or discoupted
admission to regional facilities up to the value of the portion of the assessment
earmarked for regional facilities.
1L. Inc me Stream for Reysnue Bands
The District could uses the assessment revenue to guaraptee debt repayment (or
revenue bonds which it could issue periodically to provide large amounts of
capital for projects at desired times. The District could manage this program
fo: cities aad Iocsl districts or any city or local district could manage its own
revedue bond program.
13. Supplement Other Revenue Sources
In most instances, revenues generated from the District assassment will pot
tttect all of a jurisdiction's acquisition, development, operating end maintenance
needs. However, this additional revenue does become part aC a city's or
district's overall financial strategy. Elements of a comprehensive funding
program norma!1-: consist nF state sad fed.-;a grapis, user and development
impact fees (Quimby), landscape aad Iightigg district assessments, general
obligatiop or rcvepue bonds, and other city Or district revenue sources. The
assessment collected through the District is not envisioned to provide fundiag
for all park, recreation, open space and trail needs.
~ ~
RE~fONAI PARKS DEPARTMENT :~`~'~'~'%; SPUBDCWOflN9GAWP
825 Ent ThiM Street • Sm Bemrdirro. CA 92415-0833 • p191 3872594 ~i/~ ~~~
~ ~~jlllll,~, r- ~ ~ nGn, lirM•7
November 5, 1990 NOV US 19~
Lam-.-~
TO; PARK ANb OPEN SPACE DISTRICT AD HOC COMMITTEEaMEMHERS
SUBJECT: REVISIONS TO DRAFT MOII
Attached for your review is a draft MOU that has been revised base3
or. comments made during the Ad Hoc Committee meeting on Oc*.ober 30,
1990 in the City of Hig Bear Lake.
Questions raised regarding participation by the Local Agency
Formation Commission (LAFCOj in determining how a Partin.+cant might
detach itself from the District have been reviewed z~~ County
Counsel. It is counselts opinion that this MOU gives 11o eu`hority
to LAFCO that they do not already possess relating to asse,~sment
districts, and that LAFCO~s involvement is appropriate in nevi 'wing
requests to detach from the District.
Please review this revise3 draft with your respective legal
counsels and advise me of any need to schedule a separate meeting
with County Counsel.
uon~t nesitate to contact me with any questions.
Sincerely,
~~~j--.-
GERRY NEWCOMHE
Interim Director
GN;smr
Attachment
\letters\mou.gn
~3
D ~~ ~~ 50%-50X Split
1~RaNDON OP DRDSRSTIINDING
Rffii1TINC TO T8S PROVOS&D
8118 88[8OIRDIAO CODNTY
P11R1C )ti1D OPEN SP11CS DISTRICT
This Memorandum of Understanding (hereinafter referred to as
"MOU") ie entered into on the date signed below by and between the
San Bernardino county Regional Parkg Department (hereinafter
referred to as ^Department") and the
(hereinafter reserrad to as "Participant").
WIDDLEAS, Section 5506.8 of the California Public Resource
Code, as added by Chapter loin of the Statues of 1990, affective
January 1, 1991, authorizes the formation of a Park and Open Space
District in San Bernardino county; end
WHEREAS, ouch proposed Park and Opnn Space District would be
formed for the general purpose oP acquiring, preserving,
nrotectinq, operating end maintainin? open ~~^~~ ~,.r^ _ e...e"r~,,,,
Pncilitias and habitat consarvetlon areas, as well as hiking,
bicycle and equestrian trails; end
W1D:REAS, the parties hereto expect that the Board of
superviaora of the County or son Bernardino, as authorized in
Public Rasourcea Code Section 5506.9, will initiate proceedings to
establish a San Hernardino County Perk and Open Space District
., ~ V I
(hereinafter referred to ae "District") and call an election to
determine whether the proposed District should be establi.hed and
whether a special benefit asseesaent should be levied on real
property ti;ithin the proposed District; and
WHEREA9, pursuant to Public Resources Coda Section 5606.8, it
is also expected that Participant will, by resalution of its
governing body, request to be included within the proposed District
for open s)~iace purposes; and
WHEREAS, the Department is edminletering the organization of
the District; and
WHEREAS, Participant and Depertsant wish to sat torch in this
Mov their intent end understanding of the desired relationship
between the District and Participant in the event the District 4"
foraea, while rscognisinq that the District cannot enter into or be
bound by agreements entered into prior to its establishment.
NDW TREREFORE, the parties hereto agree as follows:
.aO.~j~
1. Revenue generated within the Participant's boundaries shall be
divided Sot to the Participant end 503 to the District. Such
amounts shall be dstsrmined after deductino the coats
identified in paragraph 9. Participant's share is intended
Por use under the sol• control of Participant for park and
open space purposes as dalined in Division 5, Chapter 3,
Article 3 of the Public Resources Codc and in accordance with
the terms of this MOU.
2. The District's abate of rsvanues generated in the
Participant's tons shall be ampendad within that zone. A zone
is a. geographic subdivision of the District established for
edmiaiatrative purposes. It !a anticipated that the
Dlst:cict's zones shall substantially correspond to the
nlanninn AIa~.~1 M. /n~nrlH~.a 1. rw~
Regional Perks Department Strategic Master Plan, dated October
31, 1988.
3. During the 11ret live years following the establishment of the
District, no more than 50t of the Participant'^ share, and no
more than 50= of District's share, may be used for operntiona
and maintenance of projects authorized and funded attar the
data o;. establishment of the District. A project is daLinsd
as land acquisition, capital improvement, rehabilitation,
program(s) for park and open apace purposes, and includes
~4
1
planning, such as master plane, for such projects. operatlora
and maintenance costs include salaries, benefits, materials,
services, supplies, equipment, and administrative overhead
associated with the daily operation of the project. At no
time may revenues derived from the benefit asaeeament ba used
for operation and maintenance !or projects authorized and
funded prior to the establishment of the Dietrlet.
a. Soth the Participant and the District shall make a good faith
effort to maintain the existing level of funding for parks,
trails, recrnation and open space purposec.
5. It is the intent of both the Participant and the District that
in thn event of annexation o! unincorporated territory within
the District by the Participant, the seas shore o! revenue
from the nnnsxad area committed to the tundinp o! District
prof acts prior to annexation shell continue to be committed to
those prof acts until indebtedness incurred by the District for
said projects is retired. When this indebtedness is retired,
the apportionment formula then in effect with the Participant
shall be in •tisct in the annexed area. it 1^ further the
intent of both the Participant and the District that should
the Participant annex territory that ancompauee a pork, trail
or ~p~n apace ±mprovsmant planned l;y vas Lietrict, asesssment
lands accumulated !or the planned improvsmant will ba
transferred to the Participant if the District sleets not to
~~
proceed with the project. The nforesaid notwithstanding,
finel determination regarding the statue and apportionment of
revenues generated within the annexed area shall be determined
by the Local Agency Formation Commission (LAFCO) in
conjunction with its approval of the proposed annexation.
LAFCO's determination shall be binding on both the District
and the Participant.
6. Both the District and the Participant shall be bound, upcn
detachment from the District by the Participant, by the final
determination of LAPCO regarding the amount of revenue to
continue to ba committed to debt retirement by the Participant
for dabta incurred by the District.
7. The District shall prepare or cause to ba prepared an annual
audit o! revenues and expenditures by the District and deliver
a copy to the Participant. Tha Participant shall conduct an
equivalent annual audit regarding its expenditure o! revenues
derived from the District and deliver a copy to the District.
Ench entity shall bear the cost for pxepnration and
distribution o! its audit trom Sts ahara of the District
revanuea.
B. Tha District and the Pnrticipant shall sseh prepare a multi-
year Cnpital Improvement Plan (CIP) for the nequlsition and
development of parka, recreational facilities, trails end open
.. ~4
space areas within two years of establishment of the District
and shall periodically reviaa and update said plan. The CIP
will include project titles, brief project descriptions and
project cost estimates.
9. The Participant's share of the revenues collected within its
boundaries shall be disbursed to the Participant within thirty
(30) days niter the revenues are disbursed to the District by
the Auditor/Controller-Recorder's Office (A/C-RO). The AC-
A6's coats asaociatad with the collection and disbursement of
revenues, including the necessary updating of intormation
regarding the number and status of parcels within the
District, shall be deducted from ell revenues prior to
division of the revenues batman the Participant and the
District. The amount deducted for the District's
administrative costa assoeiated with collection and
disbursement of revenues (but not i.ncleding the A/C-RO'e
coats) shall be limited to a maximum of one and one-half
percent (1.5t) of the total revenue yanarnted by the benefit
aesasement.
lo. No obligation or other indebtedness shell be incurred by the
District for any project within the Pnrticipant'a bovndariea
-.^al »he _sbstanca of '..hie .°.Ov is approved and ak66u£ad by
the Participant and the District.
~Q
11. St is the intent of the parties to this MOD that it's
substance shall be submitted to the Governing Board of the
District, once established, for approval in the form of a
binding agreement between the District and the Participant.
The pnrtias recognize that the substance of this MOU ie not
binding unless and until such an agreement is approved and
exeeutad by the Participant and the District.
SAN HERNARDINO COIINTY
REGIONAL PARRS DEPARTlSEHT PARTICIPANT
Director (Name and Title)
ago
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: December 19, 1990 v
TO: Mayor, Members of the City ^_ouncil and City
Manager ~
FROM: Joe Schultz, CLP, Community Services Director ,~
BY: Karen McGuire-Emery, Associate lark Planner ~
SUBJECT: AGREffi~N'P _BE'1'WEEN TAE CITY OP RANCHO CDCANONGA
AND TE[8 WILLLAM LYON COMPANY PHRTAINING TO PARR
PEES PAID FCR DEVELOPMENT WITHIN THE VICTORIA
MASTER PLAN Cti1MM0NITY
RECOMMENDATION: That the City Council of the City of Rancho
Cucamonga review and approve the attached agreement between
the City and the William Lyon Company and authorize the
reimbursement of those park fees collected by the City from
the merchant builders to the William Lyon Company.
BACRGRODND: The William Lyon Company as the principal
developer of the Victoria Master Plan Community has the
responsibility of providing developed park acreage per the
Victoria Community Plan to the City's satisfaction. The
William Lyon Company has, however, sold rights to develop
homes in Victoria to the merchant builders whose names are
listed on Exhibit "A". At the time the deveiupmeuL iiyu~n
were sold to each merchant builder by the Lyon Company, the
understanding between the Lyon Company and the merchant
builder was that: a) The Lyon Company would provide a17. the
parks within Victoria; b) The City's current park fee would
be paid by the merchant builder to the City for the tract(s)
being developed and; c) The park fees collected by the City
would be reimbursed to the William Lyon Company.
To date, the City has collected park fees from the merchant
builders for developed tracts in the Victoria Community in
the amounts set fcrth in Erhiblt "A". The William Lyon
Company has fulfilled their parkland dedication to the City
for the Windrows, Groves and Vineyards North tracts. The
parklands in Vineyards South anfl Victoria Lakes tracts remain
to be fleV010ped; L1oweVer, siaii ie currei,tiy "°ki^.y^ t::e
park projects, and development of these parka~is directly
related to issuance of building permits.
JS/KME/dak
Attachments
a~~
AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA
AND THE WILLIAM LYON COMPANY PERTAINING TO
PARR FEES PAID FOR DEVELOPMENT WITHIN
THE VICTORIA MASTER PLAN COMMUNITY
This Agreement between the City of Rancho Cucamonga,
California ("CITE") and The William Lyon company ("TWLC") is
made with reference to the following facts:
A. TWLC is the principal developer of the Victoria
Master Plan Community ("VICTORIA") which is located wholly
within the CITY.
H. TWLC has previously sold rights to develop homes
in VICTORIA to the merchant builders whose names are listed
on Exhibit "A" hereto ("MERCHANT BUILDERS").
C. At the time TWLC sold said development rights to
each MERCHANT BUILDER, TWLC and each MERCHANT BUILDER had the
following understanding:
1. that all parka within VICTORIA would be
provided by TWLC,
2. at the time the MERCHANT BUILDER obtained
building perr!ite for its tract or tracts, that the MERCHANT
BUILDER wocYd remit to the CITY the Citv'a than ~••~,-e..t ~t.-i~
fees, also known as Quimby Act fees ("PARR FEES"), anti
that the PARK FEES eo collected by the CITY
would be reimbursed to TWLC.
D. The CITY has collected PARK FEES from the MERCHANT
BUILDERS with respect to those tracts and in those amounts as
set forth in Exhibit "A" hereto.
E. Within VICTORIA, TWLC has dedicated park land to
the CITY and has constructed park improvements, the value of
which, when determined as of the date of dedication or
construction, exceeds the following:
1. all PAP.K FEES heratofare collected by 8ha
CY'I'Y with respect to the tracts listed on Exhibit "A," plus
2. all projected PARK FEES with respect to such
lots as exist within any of those tracts for which PARR FEES
have not yet bean collected by the CITY.
~~~
F. All of the present and future PARK FEES which are
referred to in Paragraph E above would have been, or when
collected would be, available to the CITY for the purpose of
acquiring the park land and constructing the park
improvements which are referred to in Paragraph E above.
G. The understanding of TWLC with respect to its
right to receive reimbursement of PARF; FEES collected by the
CITY from MERCHANT BUILDERS with respect to tra.;ts in
VICTDRIA has not been previously memorialized by a written
agreement between TWLC and the CITY.
H. In consideration of the covenants of TWLC
contained herein, CITY is willing to reimburse to TWLC all
PART; FEES heretofore collected by CITY, as set forth in
Exhibit "A" and to further reimburse TWL,C all PARK FEES which
may in the future be collected by or tar,dered to CITX with
respect to any of the tracts listed on Exhibit "A."
NOW THEREFDRE the parties hereto agree as follows:
1. The above recitals are ina~rporated into this
Agreement.
2. Upon delivery to the City Manager, or the
City Manager's designated representative, of a letter
substantially in the fora and content of lixhibit "B" hereto
representing that the MERCHANT BUILDER who signed the letter
consents to the CITY reimbursing TWLC for P~4RK FEES collected
by the CITY from that develooer fnr tho rr...r +"~ ._...~ +.. mow.,
amount(s) set forth in Exhibit "A," the CIR'Y shall forthwith
pay over to TWLC all PARK FEES heretofore collected by the
CITY with respect to said tract(s),
3. The CITY acknowledges the fact that MERCHANT
RUILDERS may tendex• future payment of FARK FEES Lo the CITY
with respect to the tracts listed on Exhibit "A" and that
said PARK FEES should be peid directly to TW;;.C. In the event
the CITY hereafter collects a PARK FEE covered by this TWLC
Agreement, the CITY shall forthwith pay over the same to
TWLC.
<• TWLC agrees to indemnify the CITY against
and hold the CITY harmless from any and all loss, coat,
expense, including but net Limited to, attornoys' flies and
l aeuiiicy which the CITY may suffer or incur by reason of the
CITY having paid over to, or in the future paying over to,
TWLC PARK FEES with respect to any oP the tracts referred to
in Exhibit "A" hereto.
t ~ I~
5. In the event one or more MERCHANT BUILDERS
fail or refuse to sign a letter substantially in the form and
content of Exhibit "B," when requested by TWLC to do so, then
TWLC shall have the right to commence and pursue civil
actions against MERCHANT BUILDER or BUILDERS or other
appropriate proceedings in courts oP competent jurisdiction
to recover the PP_P.R TEES which have been collected by the
CITY from such non-signing MERCHANT BUILDER or BUILDERS with
respect to the tract or tracts listed on Exhibit "A" hereto
and to seek declarations that TWLC is entitled to receive
such future PARK TEES as may be paid with respect to said
tract or tracts. In the event that TWLC commences such civil
actions or other proceedings then, if the CITY is named as a
party thereto in a pleading filed either by TWLC or any other
party,- then TWLC shall pay the CITY's cost and reasonable
attorneys' fees incurred in connection with the civil actions
or other proceedings. In any action or proceeding brought to
determine TWLC's right to recover or receive PARR FEES
already collected by the CITY, or future PARK FEES, With
respect to any tract or tracts listed on Exhibit "A" hereto,
the CITY covenants and agrees that it shall net content or
otherwise advocate that TWLC ie not entitled to receive
reimbursement and/or payment of all such PARR FEES.
6. Exc¢:pt as provided herein to the contrary,
this Agreement shall be binding upon and inure to the benefit
of the parties hereto, their respective legal
representatives, successors and assigns.
7. This Agreement may be executed in ens n+-
mura counterparts, each oP which Will ba deemed an original,
but all of which together will constitute one and the same
agreement.
e. This Agrec:aent constitutes the entire
agreement between the parties and supersedes all agreements,
representations, warranties, statements, pronisea and/or
understandings, whether oral cr written, with respect to the
subject matter hereof and no party shall be bound by any such
representation, stateiaent, promise or understanding not
specifically set forth in this Agreement.
9. A11 exhibits attached hereto and referred to
herein are hereby incorporated herein ae though set forth at
length.
10. The parties hereto agree to execute and
file and to join the execution and filing of any and all
agreement, consents or other documents reasonably necessary
to affect the consummation oP the transaction contemplated
hereby, es either party hereto may reasonably require.
~a14
11. This Agreement shall be construed and
governed in accordance with the laws of the State of
California.
DATED:
CITY OF RANCH CUCAMONGA
by:
Mayor
ATTEST:
APPROVED RS TO FORM AND CONTENT'
THE WILLIAM LYON COMPANY
by:
,` ~ 15
EXfIIBIT "A^
Page i
MERCHANT BUILDERS
GROVES
kRCHANT
BUILDER TRACT UNITS REIMBURSED 3/89 BALANCE DUE
Warmington 13022E 181 $ 92,363.04 $ 69,725.04
Pulte 13022W 9: 56,998.71 ---
Fieldstone 13057 147 82,504.74 131,114.88
PUlte 13058 201 --- 369,877.56
Republic 13059 137 73,063.68 49,988.94
Rhoades 13060 66 75,156.16 2,716.56
$380,088.33 5623,422.98
"1 1
EXHIBIT "A"
Page 2
MERCFIANi~ BUILDERS
VINEYARDS NORTH
MERCHANT BUILDER TRACT UNITS REIMBURSEMENT
Rhoades 13440 111 $ 195,580.89
Rhoades 13444 56 98,671.44
Gri1pe 13441 92 162,103.08
Baywood 13442 83 146,245.17
Watt 13442 70 123,339.30
Republic 13443 144 253,726.56
POlte 1344d 120 187,988.60
..~iw'vuinemeni We $1,167,654.84
a~7
EXHIBIT "A"
Page 3
MERCHANT_ EUILDERS
VINEYARDS SOUTH
MERCHANT FUTURE
BUILDERS TRACT UNITS AMT. DUE REIMBURSEMENT
Lusk 13280 145 $255,488.55
Covington 13281 199 $33,477.81 317,158.20
Pennhill 13753 129 227,296.71
$33,477.81 $799,943.46
a~~
Jack Lam, AICP
city Manager
City of Rancho Cucamonga
P.O. BoX 807
Rancho Cucamonga, CA 91730-0807
Re: Reimbursement of Quimby Act fees
to The William Lyon company
Dear Mr. Lam:
Our company previously purchased the rights to develop homes in the
City of Rancho Cucamonga located within Final Tract No.
During the course of ou:- negotiations, it was our clear under-
standing from The William Lyon Company that our company was to pay
the City~s then current park Pees (Quimby Act fees) for the
construction i;; the above-referenced tract. We also understood
that the narks within thE+ vi rtnria xm crcr vi ~....e.; r ............: ... _
to be provided by The Wil:'.iam Lyon Company and that any fees we so
paid would be reimbursed to The William Lyon Company. In consi-
deration of our payment of those fee;;, we essentially met all
obligations we had to pay for parks and other recreational
facilities which could ha'/e been exacted in consideration of our
development.
It is our understanding th;;t you have an agreement to reimburse to
The William Lyon Company the amount of $ which is
equivalent to the amount we paid as and for Quimby Act fees related
to the above tract. We herixby consent to the reimbursement of that
amount to The William Lyon company and hereby disclaim any interest
whatsoever in said sum of $ or any portion or portion
thereof. -
Very truly yours,
S/131/CLAM
~ ~9
~'X;~lig~y'
~_`
Ul'1'Y VN' 1IANGHV CUCAMVNIiA
STAFF REPORT
DATE: DECEMBER 19, 1990
T0: MAYOR AND MEMBERS OF THB CITY COUNCIL
CITY OF RANCHO CUCAMONGA
FROM: BRDC6 ZEINER, CHIEF OF POLICE ~
CITY OF RANCHC CUCaMONGA
3UBJECT: CHOICES PROGRAM
RECOMMENDATION
It is recommended that the city council approve this pilot program
and staff will give you a progress report in approximately sia
months.
BACRGROUND•
The Choices Program is presently being taught by Deputy Rudy
Vuittonet at three schoola within the city. These schools a=~ Los
Amigos Elementary School, Rancho Cucamonga Middle School and
Cucamonga Elementary School.
Deputy Vuittonet felt that another way to have the Choices students
gain some valuable experience and have a sense of putting something
back into the community, aas to lend a hand to physically disabled or
people in need. The students would :,; nd a hand by clear.irg up
shrubbery and debris around the residences of those people in need or
those who were physically disabled.
Deputy Vuittonet talked with the principals of the three schools
about this concept and they all received it positively. Deputy
Vuittonet also felt that needed equipment, such as cakes, brooms,
etc., could possibly be awarded or donated for use during the clean
up operations by each of the involved schools oe possibly by the
city. The students will only be using hand tools (no power tools.)
The city attorney states that any liability to the city will be
negligible. This program will have no significant impact on city
resources.
The Community Services Department at the Neighborhood Center was then
contacted to see if there was a need for this type of service within
the ciCy. it was learn e+l that oc+~+~^..n;nI I,Y 1+~~-~.++ns •1++ +~n:l 11+++
Neighborhood Center searching for people to do clean up jobs around
the hones uecale r.ec3 ~°he are phy__c,1_ly d;sahled howeve[,
there was no where to+directytheir call.
The Human Services Referral section of the Neighborhood Center wilt
review requests which are received for this type of service and a
determination will be based on need and what the Choices students are
capable of accomplishing.
BZ/RP:la
a.~