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HomeMy WebLinkAbout1992/02/19 - Agenda PacketCITY COUNCIL AGENDA CITY OF I{ANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. February 19, 1992 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 s~• City Cotmcilmembers Dennis L. Stout, Mayor William J. Alexander, Councilmember Charles J. Buquet, Councilmember Diane Williams, Councilmember Pamela J. Wright, Councilmember •*r Jack Lam, Cily Manager James L. Markman, City Attornry Debra J. Adams, City Clerk City Office: 983-1851 PAGE City Council Agenda Februacy 19, 1992 3 All items submitted for the City Council Agenda moat be in writing. The daadl iae for submitting these items is 5:00 p.m. on the Hedveeday prior to the meeting. The City Clerk's office receiv ea ell such items. A. CALL TO ORDER _. Ao 11 Ca11: Buquet , Alexander , Scout , Williams and Wright e. ANNOVNCENENTS/PRESENTATIONS 1. Honoring Joseph D1IOT10 antl Hie Contr ibut io na to the Community. 2. Presentation of 5-year Service Pine to Mike Brat t, Pat Mcrrison and Cindy Norr ie. 0. COMMUNICATIONS PROM TAE PUBLIC This is [he time and plasm for the general public to address tba Ciiy Council. Stale law prohibits the City Council from addressing any iaaw not previously included on the Aga¢da. The Ciiy council .ay retsina batimonp and set the utter for a subsequent meeting. Cooanta era tc be lisited to five minutes per individual. D. CONSENT CALENDAR The following Covaent Calendar Timms ars expec tad Lo be routi¢e end no¢-controversial. They will ba acted upon by the Council et eve time without diacuasion. Any item may be removed by • Councilmember or member of the audience far dis<m sion. .. Approval of Minutes: January 25, 1992 2. Approval of Warrants, Regiat er Noe. 1/29/92 and 7./5/92; 1 and 2ayro 1l er.d ing 1/30/92 for the Total amount of $991828.80. 3. Approval to receive and file current Investment Schedule 11 as of January 31, 1992. PAG E City Council Agenda f-JC L February 19, 1992 2 a. Approval of a Resolution to encourage a cooperative 15 relationship between all San 9err,ardiro County jurisdictions in [he development and imp lementatior. of projects relatetl to AE 939. RESOLUTION NO. 92 -C36 15 A REEOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ENCOURAGE A COOPEAATI VE RELATIONSHIP BETWEEN ALL SAN EERNAROINO COUNTY LOCAL JURISDICTIONS IN THE DEVELOPHENT AND IMPLEMENTATION OF PROSECTE RELATED TO AB 939 5. Approval of an amendment to the Community Development 17 Block Grant Final Statement of Community Development objectives antl projected use of funds Eor the 1991/92 program year. fi. Approval to execute a Pre-Condemnation Agreement (CO 92- 19 007) for Parcel Map 13726 located on the south aide of Foothill Boulevard, between Int Brat ate 15 and EL iwdnda Avenua, submitted by Foothill Marketplace Partners. 7. Approval to execute Land Exchange and Flood Control 7j Improvement Inspection Agreement (CO 92-008) between San Bernardino County Floor Control District, the City of Rancho Cucamonga, antl the Caryn Development Company far Tract No. 13566 which is located souch of 24th St test and Weet of Cherry Avenue, RESOLUTION NO. 92-03] 23 A RESOLUTION OF THE CITY COUNC II. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LAND E%CHANGE AIJC FLOOD CONTROL IHPROVEMENT INSPECTION AGREE ME`:: FOR TRACT 13566 8. Approval to execute Cee Agreement iC0 92 -049 hetween 24 Citrus Little League antl the City re~la rd:ng Lou Rose Park Baseball Fields. 9. Approval to execute contract (c0 92-C10) with 3Q Telecammun is at ions Management Corpor at:on, Inc., foc a cable television audit fnc an amount no[ to exceed 59,000.00 to be funded from Account 3:-x205-6028. PAGE City Council Agentla February 19, 1992 3 10. Approval to award and authorize the execution for 34 citywide Street Tree paint ena nce Agreement (CO 92-011) to Golden Bear Arboristg, Inc. of Monrovia in the amount of $16R,6E7.GD to be funded by account numbers: 01- 4647-6020 (5123,435), 40-4130-6028 ($15,522), 43-4130- 6028 (53,500), 4$-4130-6028 ($5,430, 46-4130-6028 ($16,000), 47-4130-6028 ($24,000) and 46-4130-5028 (5800) for Fiscal Yeac 1991/92. 11. Approval to execute an Agreement for Acqu ieit ion of 35 Security, and depoe it for Lark Drive between its e aeterly terminus and Rochester Avenue right-of-way submitted by The William Lyon Company RESOLUTION NO. 92-038 35 A RESOLUTION OF THE CITY COUNCIL OF THE CYTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF- SITE PROPERTY, SECURITY, AND DEPOSIT FOR LAAR DRIVE FROM THE WILLIAM LYON COMPANY AND AVTNORIZTNG THE MAYOR AND CITY CLERIC TO SIGN SAME 12. Approval to execute a Real Property Improvement Contract 41 and Lien Agreement from David and Cynthia Collins, for an adtlition to a Bing le Pamily residence located on the no r<h aide of Red H111 Country Club Drive, east of Valle Vista Drive (APN: 207-082-02). RESOLUTION NO. 92-039 47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALI FOAM IA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FRON DAVID AND CYNTHIA COLLINS AND AVTMORI2ING THE MAYOR AND CITY CLERK TO SIGN THE SAME 13. Approval to execute a Subordination Agreement from 44 aid art/SUrina for chair property located at 10234 4th Street. RESOLVTION NO. 92-060 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING A SUBORDINATION AGREEN.E NT FROM 9IDART/SURINA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. City Council Agenda -~+li February 19, 1992 -' 4 14. Approval to execute an Improvement Agreement and Q7 improvement Security for a St Otm Drain in Rochester Avenue for Rancho Cucamonga High School, located on the west aide of Roche et er Avenue, so•,ith of Highia nd Avenus, submitted by T_he William Lyon Company AESOLVTI ON NO. 92-061 Q8 A RESOLUTION OF THE CITY COUNCIL OF THE CLTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING YMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A STORH GRAIN IN ROCHESTER AVEN•JE FOR RANCHO CVCAHONGA HIGH SCHOOL 15. Approval to execute an Improvement Agreement, 49 Improvement Se euritiea and Ordering the Annexation to Landscape Maintera nce District No. 3 and Street Lighting Maintenance District Noe, 1 and 6 for DR 89-12, located on Peron Boulevard, East of Helms Avenue, eubm fitted by Albert W. Davie e. RESOLUTION NO. 92-042 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPHE NT REVIEW NO. 89-12 ~Z RE SOLVTION NO. 92-043 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERR ITOAY TO LANDSCAPE HAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DLSTAICT NOS. i AND 6 FOR DR 89-12 16. Approval to execute Improvement Agreement Extension for 55 Tract 12895, located on the West e:de of Baker Avenue between Foothill eouleva rd antl Arrow Route, submitted by Rancho Cit hand Cevelopment. RESOLUTION NO. 92-066 57 A RESOLUTION OF THE CITY COUNCIL OF THE CLTY OF RANCHO CVCAHONGA, CALI EORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECVRITY FOR :FACT 12895 PAGE city Council Agenda February 19, 1992 5 17. Approval to execute Improvement Agreement Extension for 58 Tzact 13703, located on the west side of Haven Avenue North of Banyan Street, eubm fitted by Kaj ima Development. AESOLVTSON NO. 92-045 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING iMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13703 18. Approval to execute Improvement Agreement Ezter.eion for 61 Tract 13738, located on the Southwest coiner of Almond Street and Sapphire Street, submitted by Rodine Company. RESOLUTION NO. 92-046 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRAC1 13738 19. Approval to execute Improvement Agreement Extension for 64 Paroel Map 9498 - dth Street Metlians located on 4th Street Ea et of Haven Avenue, submitted by Reiter Rinker Gateway/Haven Gateway Partners. 6) RESOLUTION NO. 92-Od7 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOANIa, APPROVING INPAOVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9498 - 9TH STREET MEDIAN 2o. Approval to reduce bond for Tract 13273, located on the 6Q southeast corner of Milliken Avenue and Mountain View D: five, eubmtttetl by Lewis Romee. 21. Approval to accept improvement e, release of bands and 7Q file a Notice of Completion Eor Tract 10827-2 located on the south aide of Manzanita Drive between Haven Avenue and Hermosa Avenu e_. Release: Faithful Performance Bond ~8t rest) 5661,000.00 PAGE city council Agenda February 19, 1992 6 RESOLUTION NO. 92-040 ?1 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOANIA~ ACCEPTING THE PVBLIC IHPROVEMENTS FOR TRACT 10827-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOA THE WORR 22. Approval to telease Maintenance Guarantee Bonde for ?2 Tract Noe. 10827, 30827-1 and 10827-3, located on Manzan ita Drive between Haven Avenue and Hermosa Avenue. Release: Maintenance Guarantee Band (Street) fact 10827 5 35,000.00 '~zact 10827-1 5 B9,B00. 00 Tract SOB27-3 5 42,000.00 23. Approval to release Maintenance Guarantee Bond for Tract ?3 13425, located on the north aide of 19th street between Haven Avenue and Highl and Avenue. Release: Maintenance Guarantee Bond (StreatJ $ 62,300.00 E. CONSENT ORDI NANCEe The following Ordineoces have Gad public hearings at the time of first rudiag. Second rsediaga are expected to ba routine asd ooo-controversial. They wLll be acted upon Dy the Couadl at oaa time without dlacus•ioa. TGe City Clerk will read tbs title. Rap Liam can bs rsawvsd for disoussioo. 1. CONSIDERATSON OF ENVIRONMENTAL AS SESSHENT AND ETIWANDA ?Q SPECI 'ZC PLAN AMENONENT 91-01 - CITY OF RANCHO CVCAMONCA - A raga eat to amend the Street System Map of the Etiwanda Specific Plan to change the portion of Hiller Avenue between Etiwanda Avenue an East Avenue from a coLlectot to a Secondary Arterial. The Planning Commission reconwends issuance of a Negative Oeclarat ion. PAGE City Council Agentla February 19, 1992 ] /4 ORDINANCE ND. 484 (second eeatling) AN ORDINANCE OF THE CITY COllNCZL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 90-01, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET SYSTEM MAP TO CHANGE THE PORTION OF HILLER AVENUE BETWEEN ETIWANOA AVENUE AND EAST AVENUE FROH A COLLECTOR TO A SECONDARY RATE RI AL AND MAKING FI NO INGS IN SUPPORT THEREOF P. ADVERTISED PUBLIC HEARINGS The followivq items beve beev wive rtieed avd/or potted se public bea rivg• a required by 1eW. The Cbeir will open the maetivg to revive public testimony. 1. CON ID TION O AN D NC ERT C TO MAS SA TECHNICIANS ESTA BL TSHMENTS AND SIMILAR BUSINESSES /6 ORDINANCE N0. 485 (first reading) ~~ AN ORDINANCE OF THE CITY COUNCIL OF 7HE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.24 TO THE RANCHO CUCAMONGA MVNICI PAL CODE PERTAINI NC TO MASSAGE TECNN ICIANS, ESTABLISHMENTS AND SIMILAR BUSINESSES 2. CONS IDERATI LOPM N COD AMENDMENT 91-06 - C T 94 OF F7~NCHO CVCAHONGACVCAMONGA - A request to amend the definition of Haasa ge EstabLiehment in Section 1].02.190 of the Development Code. ORDINANCE N0. 486 (first read inq~ 1~1 AN ORDINANCE OF THE CITY COCYC;:. OF THE CITY OF RANCHO CUCAMONGA, CAL:FORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-06, AMENDING TITLE 17, CHAPTER 1].02.:40 OF THE RANCHO CVCAMONGA MUNICIPAL CODE ^.O R'cVISE IHE OE FINITION OF MASSAGE ESTARLI9HMENT, AND MAKING FINDINGS IN SUPPORT THEREOF PAGE City Council Agenda February 19, 1992 8 O. PUBLIC REARI NGS The following items pave vo legal publication or posting requirements. The their will open the meeting to receive public teat iswvy. 1. CONSIDERATION SO ESTABLISH A SPEED LIMIT OF d0 MPN ON 103 LEMON AVENUE FROH HAVEN AVENUE TO HIGHLAND AVENUE AND 45 MPH ON EAST AVENUE FROM BASE LINE ROAD TO HIGHLAND AVENUE O RD SNANCE NO. 4B7 (fix at reading) 108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITX CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS e. CITY MANAGER'S STAFF REPORTS The following itemc do not legally require any public testimony, althougp the Cpair may open tpe meeting far public input. 1. REOVEST TO APPROVE E%PENOITURE OF ASSET FORFEITURE FUNDS 111 TO FOAM POLICE BICYCLE PATROL UNIT IN RANCHO CVCAMONGA {_ COUNC;L BUSINESS The following items bans bmsv requested by the City Council for discussion. Tpey era not publle peering items, sitpough the their may open the meeting for public input. 1. DISCUSSION OF MAYOR'S TERN 114 J. IDENTIFICATION OF ITEMS FOR NETT MEETING Tpis is th• Lima for City Council to identify tha items they aisp to discuss et tpe nut mmmtivg. Therm items will not be discussed at this mae[ing, only identified for th• next meeting. PAGE City Council Agenda February 19, 1992 9 R. COMMUNICATIONS FROM THE PUBLIC Tbis is the ties sod place for tha general public to sad reo the City Couvcil. Siaie law prohibits the City Couacil froe addru •ivg say iu ue not previouslp included oa the Agevda. The Citp Council up receive tutiawnp and ut the utter for a •ubwquent oaring. Couents are to be lisited to five sinutas per ivdiv idual. L. ADJOURNMENT KEETIN6 TO ADJOURN TO EIECUTIVE SESSION TO DISCUSS PENDING LITIGATION i, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was poetetl on February 14, 1992, seventy-two ('12) hours prior to the meeting per Government Code 54993 at 10500 Civic Center Drive. January 25, 1992 CITY OF RANCHO CDCAMONGA CITY COUNCIL MINUTES Adjourned Meeting A. CALL TO ORDER An adjourned meeting of the City Council of the City of Rancho Cucamonga was held on Saturday, January 25, 1992, at Glen Helen North/Verdsmont Sheriff Facility. The meeting was called to order at 9:05 p.m. Present ware Councilmembere: William J. Alexander, Charles J. Bu gust II, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy City Manager; Jerry e. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Brad Buller, City Planner; Joe O'Neil, City Engineer; Jerry Grant, euiltling Off lc Lal; Jim Hart, Admini at relive Bervicee Director; Susan Neely, Pinance Officer; Jce Schultz, community Services Director; Ou ane Baker, Aae is Cant to the City Manager; Diane O'Neal, Management Analyst II, Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Bruce 2einer; Police Department; and Debra J. Adams, City Clerk. B. ITEN OP DISCUSSION 1. TEAM BUILDING RETREAT - St afE presentation made by Jack Lam, City Manager, per the handout distributed which ie on file in the office of the City Clerk. Jack Lam, City Manager, asked if there was anything the Council would like to add reyarding the staff preeentat ion. Councilmember euquet felt the 4-lD work week ehou ld be implemented with only having a 4 day service week to the publ lc, but increase the business hours of operation for City Hall. He also Eelt City Council and some of the Commies ions should go ^dark" during certain times of the year, i.e., December, eo that staff can have the opportunity to catch up on their work load. Councilmember euquet also cautioned the City about proceed Lng with the American Disabil it ice Act previously mentioned by Jack Lam, City Hanager. Jim Hart, Administrative Services Director added he would be pulling everyone together who had reaponeibilLty for the American DieabL li.t iea Act to work on this matter. Councilmember Alexander added if City Hall was Co yo '•dark" one day per week it would help to save cn facility costa alep. city council Hinutes January 25, 1992 Page 2 Counuilmember Wright felt possibly a survey involving the community should take place to see how the public feels about closing City Hall one day per week. Hayor Stout felt extended hours would help the public get their business done more conveniently. Councilmember Ruquet fell July 1 would be a good date to shoot for to implement this program. He added this could be advert ieed through City publications ahead of the effective date eo everyone would be aware eE the new work schedule for City employees. Jack Lam stated the purpose of coneiderinq this ie to meet Regulation 15 requirements. Councilmember Buquet felt more structured hours of the employees would better assist the public instead of those that are involved with the 4-BO plan. Mayor Stout stated he did not think the Adult Business Ordinance the City hoe was tough enough, and Eelt staff should look at this to see if it meets the City's needs. James Markman, City Attorney, at ated he agreed with Mayor Stout and felt Rancho Gucamonga's requirements should be looked at. Jack Lam, City Manager, suggested James Markman collect information on what other cities are doing and send the information to the City Council. Mayor Stout brought up the subject of infraatru cture completion. He felt there were four lane roads that needed to be lighted for safety reasons. He £elt this should be done when the City hoe more money. Hayor Stout felt public safety planning was important and wanted the Redevelopment Agency to do a commercial future plan ae to haw Rancho Cucamonga wanted its commercial community to be. Ne felt this would offer a safe environment for the business community and would attract some of the business the City wants and needs. Councilmember Buquet brought up the issue of the commuter rail going through a residential neighborhood above Central Park. He pointed out he nod been contacted by a lot of residents who were ago inet this plan. Councilmember Buquet felt the City~s various subcommittees should be used in dealing with the issue of the Foothill Freeway inetallat ion in order to get the base possible design the City can have which would also have the least negative impact nn the residents. Councilmember Buquet felt the County Supervieore have too much control over the sphere area. He felt Aancho Cu camonga should try to anticipate what will happen in thin area and work on these matters ae soon ae poe ai.b le. City Council Minutes January 29, 1992 Page 3 Mayor Stout stated there are some tracts like Brentwood that are being taxed in order to do improvements and felt they are paying more than their share. Counc ilmember Wright et at ad she did not think there were any big proDleme sticking out in her mind, and felt Rancho Cucamonga was in a good position. She stated she ditl not think the City needed to be on a crusade about any big issues. Councilmember euquet stated he felt there were lees issues for the City Council to get involved in and felt that was because of good management. Councilmember Wright felt the City was in a new phase of not having problems. Jack Lem, City Hanager, stated a lot of other cif iee use Rancho Cucamonga ae a model. Councilmember Wright stated she did not think the indu atrial area was Eocueeetl on enough. She felt our industrial area was very beautiful. Counc ilmember euquet felt coat omen service still needs to be worked on and enhanced. He stated he did not mean that ae a negative, but just something to work on. He Felt department heads should emphasize th ie to their employees by stating that good customer service ie important. Jack Lam stated he agreed, and that staff is working on a customer service progr am to make our eery ice bettez for the public. Mayor Stoui stated he felt the City needed a City motto. Me suggested: "Rancho Cucamonga - a World Class Community.^ Councilmember Alexander stated he would like to see the City use more recycled products. He felt the City's policy on recycling shoo ld be publicized mare to the public. Counc ilmember Wright stated she felt the 8nvironment al Management Commies ion nestle to get more involved with recycling. • w ~ w • x C. ADJOURNMENT The meeting adjourned at 11:45 a.m, to an executive see sion Lo be held on Wed ne eday, January 29, 1992, 6:30 p.m., in the Serrano Room, 10500 Clvic Center Drive, Rancho Cucamonga, California, to discuss pending ltt igatlon. ~ + :: o~oe rv ~~~ o: ~ ~ ; ~ :. Y a~~ : :~ . ; M m ~~m ~ ~~n~: e a3n P ba ambbbbmabbb bWab ~ bbbobmbbaabb„bbW~bbWbbbW 9;: _ •. .. 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S,9 _ 8 3 y~F;. m~~:.~`.xTP.:p ^~ • v.. Se B 3 i Y Kh. i Ve Y T A^ ^e ~689m ~ Y V ~ IP V s ~ ; ~ x - s i o. :H S4 ~mo.~.. '. ~, ~` a~Y "=% ~~~Y Y' ~ vu~rv~y ~ crass ~ r S Y V 3 LI _ 'F _~ ~ . YA ~ F•, k ~ _ ~ y Y y Y~ C` €, ~. 4 ~y e i C[TY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 19, 1992 - , TO: Mayor and Members of the City Council ' Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jo Lynne Russo, Integrated Waste Coordinator SUBJECT: COOPERATIVE PLANNING WITH LOCAL JURISDICTIONS ON INTEGRATED WASTE MANGEMENTPROJECTS. Hecommendatlon The City of Rancho Cucamonga City Council adopt the attached Resolution which encourages a cooperative relationship with all San Bernardino County jurisdictions in the development and implementation of projects related to the Integrated Waste Management Act of 1989 (AB 939). Backgtound The Solid Waste Advisory Local Task-Force (LTF) discussed and unanimously approved the attached Resolution at their January 16, 1992 meeting. All cities, regional districts, and the County of San Bernardino are represented at the Task Force, which has a significant role in the implementation of AB 939. The LTF reviews and makes comments on each jurisdiction's Source Reduction and Recycling Element (SRRE). The LTF is also responsible for developing policies and procedures for jurisdictions within the region, which will aid in meeting the solid waste management needs of the county and mandated through AB 939. The purpose of the Resolution is to affirm the commitment of all jurisdictions to work together in achieving the waste reduction goals established under A8 939. The LTF has forward the Resolution to all city councils within the County in order for each jurisdiction to review the document and consider action. Respectfully submitted, ~~ `J William J. O'Neil City Engineer Attachment: Resolution ~124~~u~I~ No 9a- a3Co A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ENCOURAGE A COOPERATIVE RELATIONSHIP BETWEEN ALL SAN BERNARDINO COUNTY LOCAL JURISDICTIONS IN THE DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO AB 939 WHEREAS, the State Legislature declares that the responsibility for solid waste management is a shared responsibility between the State and local government. WHEREAS, the State Legislature declares that it is in the public interest for the State to authorize and require local agencies, as subdivision of the State, to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs. WHEREAS, the amount of solid waste generated in the State coupled with diminishing landfill space and potential adverse environmental impacts from Iandfilling constitutes an urgent need for State and local agencies to enact and implement an aggressive new integrated waste management program. NOW, THERFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that eNective February 19, 1992: SECTION 1- The City of Rancho Cucamonga will work regionally to develop solid waste planning. l lv CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 19, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager F PD M: Brad Buller, City Planner By: Jerry Guar ra ci no, Aasistant Planner ±~a, eU&TEC T: AMENDMENT TO TNF COMMUNITY DEVELOPMENT BLOCK GMNT' FINAL STATEMENT OP COMMUNITY pEVELOPMENT OBJECTIVEE AND Pia)JECTED USE OF FUNDS FOR THE 1991-92 PPDGMM YEAA - Proposed Amendment to the Final Statement will allow the transfer of $50,000, originally deai gna red for Historic Preservation Incentives, to the Home Improvement Program A7I01 Staff recommends that the City Council approve, by minute action, the amendment to the Final Statement to allow Ghe transfer of $50,000, originally designated for Historic Preservation Incentivea, to the Home Ia~rovement Program. ABSTRACT Historic Preservation Iacentivea Storms Historic Preservation Incentivea are generally intended to asaiat the owners of historically al golf icant etructurea to correct health, safety, and code violations. The Plnal Statement for the 1997-92 program year included $120,000 for Historic Preservation Incentivea. This figure was a substantial increase over prior years in order to easier owners of historically eignifieant unreinfotced masonry etructurea to prepare feasibi llty etudiea for seiamlc upgrading. Although the owners of unreinforced masonry etructurea were notified directl y by mail that funds were available to aealat them, no app licatione have been made for these funds. Currently, there Ss $151,990 avalla Dle for Historic Pree er vatlon Incentives. A total of $90,000 of these funds have been committed to two on-going projects, the chaffey-Garela House (located on Etiwanda Avenue) and the G.P. Ledig House (recently moved to Hellman Avenue, south of the ezteneion of WS le on Avenue). The proposed transfer of $50,000 to the Home Improvement Program will leave a total of $11,990, unencumbered, on the Historic Preservation account. CITY COUNCIL STAFF REPORT AMENDMENT TD CDBG FINAL STATEMEfEf February 19, 1992 Page 2 Bo>•e Ieprove~eat Progre~ Stator The Home Improvement Program provides grants and loans [o assist low income persons wich rehabilitation of their homes. The prolonged recession has gr¢atly increased the number of people who qua li Ey for to is program. As a result, over the pas[ two years the waiting list of qualified applicants has risen to nearly 50 homeowners. In the first seven months of the 1991-92 year, the Home Improvement Program has funded a combination of 16 loans and grants and it is estimated that 2 additional loans will be funded by Sune bringing the total units assisted this year to 1R. Given the large number of applicants waiting for assistance, the need to fund additional home improvement projects is quite evident. The transfer of $50,000 to the Home Improvement Program will allow the funding of 4 additional giants and 2 additi onel loans. This will increase the total number of units the City can assist in the 1991-92 program year to 24. Bacrtcrooero Federal tegulationa for the CDBG program require the City to notify affected citizens and provide them the opportunity to como:ent on any proposed activity which is added, deleted, or aubstantielly changed in terms of purpose, scope, location, or beneficiaries following the submission of the Final Statement to HUD. As the transfer of funds From Historic Preservation Incantivea represents a decrease of mole than 25 percent from the amount approved in the Finale Statement, the reduction constitutes a aubatantial change. A public notice regarding this matter was published in the Inland Va11eY Daily Bulletin. Upon consideration of the proposed transfer by the City Council under the cones nt calendar, the citizen participation requirements will be met. Reaper ally sub tied, ir' Bra idler City Planner BB : dG ap I~ CCCY OF RANCHO CCCAMONGA STAFF REPORT _~ GATE: February 19, 1992 Q T0: Mayor and Members of the City Council v Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civit Engineer SUBJECT: APPROVAL OF PRE-CONDEMNATION AGREEMENT FOR PARCEL MAP 13724, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, BETNEEN INTERSTATE 15 AND ETIWANDA AVENUE, SUBMITTED BY FOOTHILL MARKETPLACE PARTNERS RECOMENDATIOM It is recommended that the City Council approve the sub3 ect agreement with Foothill Marketplace Partners and authorize the Mayor to execute the same. Parcel Map 13724, located on the south side of Foothill Boulevard, between interstate 15 and Etiwanda Avenue in the Regional Related Commercial and Light Industrial Designations of the Foothill Boulevard Specific P1 an (subarea 4), was approved by the City Council on November 6, 1991. As a condition of approval of Parcel Map 13724, the Developer 1s required to fulfill certain conditions of approval and normal processing. As part of those conditions the Developer is required to construct a complete Intersection of Etiwanda Avenue and Foothill Boulevard. To accomplish these improvements additional right-of-way is required from property not owned by Foothill Marketplace Partners. Foothill Marketplace Partners Ts currently to discussion with the property owners for the right-of-way. The Pre-Condemnation Agreement being entered into will be utilized should the discussions fail. This agreement provides for the Developer to continue negalations and should these negotiations fail the Developer will then enter the actual agreement with deposits of funds for the City to commence condemnation proceedings. CITY COUNCIL STAFF REPORT PRE-CONDEMNATION AGREEMENT - PM 13724 February 19, 1992 Page 2 the Pre-Condemnation Agreement has been signed by the Developer and is on file in the City Clerk s office. Respectfully submitted, ~~~ ~ ~ Nill iam J. O'Neil City Engineer J NJO:DJ:dlw Attachment 2~ CI'CY OF Rd~C110 CL'C:AAlOSG1 STAFF REPORT ~' DATE: February 19, 1992 ~ ; T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Sr. Civil Engineer SUBJECT: APPROVAL OF LAND EXCHANGE AND FLOOD CONTROL IMPROVEMENT INSPECTION AGREEMENT BETWEEN SAN AE RNARDINO COUNTY FLOOD CONTROL DISL4ICT, THE CITY OF RANCHO CUCAMONGA AND THE CARYN DEVELOPMENT COMPANY FOR TRACT N0. 13566 WHICH iS LOCATED SOUTH OF 24TH STREET AND WEST OF CHERRY AVENUE RECOMMENDATIDN It is recommended that City approving the subject agreement Clerk to sign said agreement. Council adopt the attached resolution and authorizing the Mayor and the City BACKGRWND/ANALYSIS On July 22, 1987, Planning Commission approved Tentative Tract 13566 that was submitted by the Caryn Development Company. Conditions of Rpproval for Tract 13566 require that Community Equestrian Trails be provided along the east and south tract boundaries, Wardman Autl ock Road be constructed across the San Sevaine Flood Control Aasins, and the vacation of Al mend Avenue and that portion of Cherry Avenue which lies within the San Sevaine Basins. As a means of conveying the required right-of-way to meet the conditions of Tract 13566, the Land Exchange Agreement was developed. The Land Exchange Agreement is a three party agreement between the City of Rancho Cucamonga, the San Bernardino County Flood Control District and the Caryn Development Company that allows certain easement and fee interests to be acquired, abandoned or exchanged. 'With this agreement the City will abandoned Almond Avenue and a portion of Cherry Avenue, which will be acquired by the Flood Control District. The City will acquire, in fee, a strip of land for Wardman Oullock Road through the San Sevaine basins, a strip of land adjacent to 24th Street CITY COUNCIL STAFF REPORT LANG E%CHANGE - TR 13566 February 19, 1992 Page 2 for street widening and a strip of land east of Tract No. 13566 for community trail purposes from the F1 and Control District. The City will also acquire various easements from Ca ryn Company for street and highway, community trail and storm drain purposes as required in the Conditions of Approval for Tract 13566, This agreement previously came before the City Councii on February 20, 1991. The agreement was approved and executed by the Mayor. Due tc miscommunication by the Developer's engineer the agreement had not received the blessing of the County. Therefore a new agreement has been processed. This new agreement went before the Board of Supervisors of San Bernardino County Flood Control District on February 10, 1992. The Board of Supervisors approved the agreement and the Chairman has executed it. Actual documents for the transfer of properties will commence processing immediately after execution of the Land Exchange Agreement. However, due to problems with transi tinning to into existing 24th Street near Cherry Avenue, the opening of Lhe south half of 24th Street is uncertain at this time. Communications are being made with the developer in the area to try to get 24th Street open as soon as possible. Respectfully submitted, ~~~~~~ ~, William J. 0'Ne kP~ City Engineer WJO:DJ:dlw Attachment 22 RESOLUTION N0. 92.037 A RESOLUTION CF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON(;A, CALIFORNIA, APPROVING LAND EXCHANGE AND FLOOD CONTROL IMPROVEMENT INSPECTION AGREEMENT FOR TRACT 13566 WHEREAS, the City is holder of certain easements for street purposes to be abandoned or relocated; and tJHEREAS, the San Bernardino Flood Control District is fee owner or has controlling interests of properties underlying San Sevaine Basins 1 through 5; and WHEREAS, the Caryn Development Company is the developer of Tentative Tract 13566 which shall cause the relocation and/or improvement of certain roads and community trails; and WHEREAS, it is the 5ntention of all three parties hereinto ascribed that pru suant to said development and improvements, certain easements and fee interests shall be acguired, abandoned or exchanged. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVE, that said Land Exchange Agreement submitted by said developer and said Flood Control District is hereby approved and the Mayor is hereby authorized to sign said Land Exchange Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest. a3 CITY OF RANCHO CUCANONGA STAFF REPORT ,~ DATE: February 19, 1992 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Joe Schultz, CLP, Community Services Director SUBJECT: USE AGREEMENT BETWEEN CITRUS LITTLE LEAGUE AND THE CZTY REGARDING USE OF LOU RO5E BASEBALL FIELDS RECOMMENDATION Approval of Agreement authorizing Citrus Little League with a five-year "first priority use" of Lou Rose baseball fields. BACKGROUND With the construction of Red Hill Park, the City entered into an agreement with Citrus Little League which gave Citrus first priority use of the two baseball fields that existed prior to the park construction. These fields were known as Lov Rose baseball fields. This agreement, per the contract, is renewable every five years. The new agreement includes reimbursement for electrical use and outlines dates which Citrus Little League has first use priority. The remainder of dates are open to scheduling by the City's Sports Office. Respectfully subu~itted, Joe ScJhultz, CLP `////// community Services Director JS/kls Attachment AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA AND CITRUS LITTLE LEAGUE ORGANIZATION FOR RED HILL COMMUNITY PARK THIS AMENDMENT is made and entered into the ~ _ day of _ , 1992, by and between the City of Rancho Cucamonga, hereinafter referred to as "CITY," and the Citrus Little League Organization, hereinafter referred to as "LEAGUE." WHEREAS, the CITY owns and operates Red Hill Community Park for public recreation purposes; and WHEREAS, the LEAGUE has selflessly offered and encouraged the widest possible community vee of the results of their labors; and WHEREAS, the CITY and the LEAGUE are mutually desirous of continuing to have the quality programs of the LEAGUE provided in the public interest at the Park, IT IS HEREBY AGREED AS FOLLOWS: 7. Construction activities at Red Hill community Park included two baseball fields in the northern half of the Park. These fields are now, as in the past, and forevermore to be known as the "Lou Rose Memorial Fields, Home of Citrus Little League," honoring the memory of a man dedicated to the youth of the community. 25 AGREEMENT - CITY/LEAGUE Page 2 2. The CITY grants to the LEAGUE, in recognition of their aany years of continued contributions to the community, a "first priority use" consideration for the aforementioned fields during tryouts, regular season and post season activities connected with Little League Baseball. Season shall be defined as January 16 to July 31 of each year. 3. Commencing with the 1992 season, the LEAGUE mey renew this agreement in five-year increments subject to the standard energy service charge policy. 4. The CITY grants recognition of proprietary rights of the LEAGUE to the existing "Citrus Little League Snack Bar." Said facility, constructed, maintained and operated solely by the LEAGUE for the benefit of the LEAGUE, shall remain so. It shall continue to be the sole responsibility of the LEAGUE to maintain said facility in a clean and safe condition. The CITY shall be held harmless for replacement or repair of equipment for facilities connected with said Snack Bar made unserviceable by wear, theft, misuse or for any other reason. The CITY shall have right of entry to said facility at its discretion for inspection purposes and shall be provided entry keys by the LEAGUE for that purpose. Structural modification(s) to said facility by the LEAGUE will be approved by the CITY prior to any such modification. Such proposed modif icatione shall conform to all applicable local building codes and ordirences. 2l~ AGREEMENT - CITY/LEAGUE Page 3 5. The CITY will operate and maintain said fields and their environs, excluding the aforementioned Snack Sar, at a level consistent with standards to provide a safe and enjoyable experience for users. The CITY will endeavor to coordinate and conduct the routine field maintenance program in such a manner as not to disrupt the approved schedule of LEAGUE play. Such season schedule shall be submitted to the CITY on a City Soorta Field Usace Pori, and Leave wi>> aeher ~ all aCidelinar 'd ooliciea set forth in the City ~or*~ field and Pacili*{ a >> r~ Polity and Procedure Handbook. in the event that emergency maintenance and/or repairs are required to said fields, that is, work necessary to insure the protection oP the facility and/or the safety of its users, the CITY reserves the right to close the area to LEAGUE and other forms of recreational play until the maintenance and/or repairs are completed. 6. This agreement will be administered on behalf of the CITY by the Director of Community Services, or thalr designee, authorized by the City Council to represent the City in matters pertaining to this agreement. 7. The LEAGUE'S representative to the CITY in matters pertaining to this agreement shall be the LEAGUE President, or their designee. 2 ~l AGREEMENT - CITY/LEAGUE Page 4 8. LEAGUE shall hold the CITY, its City Council, agents and employees free and harmless from liability for loan, damage or injury to persons or property, including CITY property, (including costs of suit and expenses for legal services) arising out of and attributable to LEAGUE use of the premises and occurring during the periods that the LEAGUE has use of said premises. LEAGUE shall provide evidence of liability insurance naming the CITY ae an additional insured with a minimum coverage as established by the Citv Rink Manaaer. 9. The LEAGUE agrees that the facilities are to be used as a strictly nonprofit venture Por Citrus Little League. It is acknowledged and agreed that the LEAGUE shall not use any part of the premises for any purpose which causes injury or damage to neighboring property, nor for any purpose in violation of applicable polic lea, ordinances, or laws. In the event that the facilities are used, or are being used in a manner which violates the principles oP this agreement, the LEAGUE shall within thirty (30) days after receipt of written notice £rom the CITY, abate the nuisance or actions in question. Failure to do eo will jeopardize their cont±nuefl facility utilization ae permitted under this agreement. 10. This agreement may be amended from time to time by the mutual written consent oY the CITY and LEAGUE. ~~ AGREEMENT - CITY/LEAGUE Page 5 IN WITNESS WHEREOF, the parties hereto have, on the day, month and year first above written, caused these presents to be subscribed by their duly authorized officials as provided below. CITY OF RANCHO CUCAMONGA By Dennis L. Stout, Mayor CITRUS/LITTLE LEAGUE ORGANIZATION By ~~ h ~ _ President ~~ ~ _ , ey i -, ~_~..; ,.~~~. Secretary ij ~ Attest: City Clerk Date Z- 4 -~ -- ('ITY OF RAKCHO CI'('dffi(INGa STAFF REPORT ,,~,~,~,.~ y'~ .~ l x~~) DATE: February 19, 1992 TO: Mayor and Members of the City Council ~~ FROM: Susan Mickey, Management Analyst I SUBJECT: APPROVAL TO EYE(:nmE mamruarm crmu mv..snn..v....rnwmr...,.. I RECOMMENDATION' That the City Council authorize the execution of a contract with Telecommunications Management corporation, Inc. to administer a financial audit of. both Simmons Cable and DCA Cablevision. BACKGROUND/ANALYSIS: The City entered into franchise agreements with DCA and Simmons cable companies in 1985. Both companies provide service to portions of Rancho Cucamonga. Since that time there has not been a financial audit conducted by the City. A financial audit would serve as a measure to review franchise fee compliance by the cable companies and ensure that all revenue records are current. Attached is the proposal by the City's cable consultant, Telecommunications Management Corporation, Inc., for an audit of both DCA and Simmons ca61e companies. It is felt that an organization experienced in dealing with cable issues and with experience in cable company audits, would be more suited to this type of audit than an accounting firm. Telecommunications Management Corporation, Inc. will examine all revenue streams to ensure compliance and will review revenue records for at least the most recent three year period. In addition, Telecommunications Management Corporation, Inc. is familiar. with both the City's franchise agreements and cable companies. $18,000 was budgeted in the general overhead account for a cable franchise fee analysis in the 1991/92 budget (account k 01-4285- 3c 6028). Telecommunications Management Corporation, Inc.'s proposal specifies that the cost of each audit (DCA and Simmons) will not exceed $4,000 for a total cost not to exceed $8,000. Respectfully submitted, -~, ~~~. Susan Mickey, Management Analyst I 31 99 Wilshve Bowevard Swte 344 Los Angeles Cahforma 90036 (213)931-2606 January 6, 1992 Mr. Jerry B. Fulwood ~ Mq~°"a ~^~ Deputy City Manager JAN city of Rancho Cucamonca 9 1992 P.O. Box 807 Rancho Cucamonga, CA 91729 ~~~ Dear Je °ry: ~ ' In accordance with our discussion, Telecommunications t4anacem~nt Corp. is pleased to submit this proposal to the City of Rancho Cucamonga to conduct audits of the cable television franchise fees paid to the City by Simmons and DCA Cab lc, repective ly. ^he scope of each audit will include: 1. A review of the revenue records cf the cable operators for at least the most recent three- year period, including the sources of all revenue components. This will include revenue, such as commissions paid by the home shopping channels, that may be paid to the corporate offices rather than dire ctly to the local cable system. 2. A review of the method utilized by the oFera for to compute franchise fees due to the City, including all revenue elements in- cluded in the computation. A detailed analysis will be made cf, any revenues excluded from the computation, and whether these exclusions are in compliance with franchise requirements and cable industry practices. 3. ?, ecmparison of the competed ,`.ranchise fees due °.ri Ch actual payments made to the city, to veri- `1' *-hat a11. fees have been paid. 4. Ln the event of any discrepancies, an estimate of the un do rpay ments to the City will be made. This will cover not only the three-year period examined in detail, by previous franchise years as well. 3Z 1•fr. Jerry B. Fulwood City of Rancho Cucamonga January 6, 1992 Page 2 The cost of each audit will no*_ exceed $4,000. For your information, I am znclosinc a copy of an audit recently completed for the City of San Bernardino, which will provide some guidance as to the me tiiodology used. Ycu are aware that Section 7.02.130.A. of Title 7 provides that if an audit indicates a franchise fee underpayment of 2~ or more, the operator is required to assumes the full cost of the audit. If, in addition to the franchise fee audit, tF.e City wishes a complete audit of operator compliance with the re- quirements of Title i and the franchise agreements, this task would add $2,100 to each franchise fee audit cost. Thank you for the opportunity to offer our services again to the City of Rancho Cucamonga, and I look forward to your response. Sincerely, G....~ /~.a,..F CARL PILNICK President Bnclos ure 33 CITY OF RANCHO CtiCAb10tiG:1 STAFF REPORT . r -~ DATE: February 19, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Curt Lance, Maintenance Supervisor, Trees SUBJECT: APPROVAL TO AWARD AND AUTHORIZATION FOR THE EXECUTION FOR CITYW IOE STREET TREE MAINTENANCE AGREEMENT TO GOLDEN BEAR AR80RISTS, INC., OF MONROYI A, CA FOR THE AMOUNT OF 5188,687.00 TO BE FUNDED BY ACCOUNT NUMBERS: 01-4647-6028 (5123,435), 40-4130-6029 (f15,522), 43-4130-6028 (53,500), 45-4130-fi028 (55,430), 46-4130-6028 (516,000), 47-4130-6028 (524,000) AND 48-4130-6028 (5800) FOR FISCAL YEAR 91/92 RECOMENOATION It is recommended that C7 ty Council approve the award and authorize the execution of the Citywide Street Tree Maintenance Agreement to Gol Aen Bear Arborists, Inc., of Monrovia, CA for the remainder fiscal year 1991/1992. This agreement is renegotiable on a year to year basis starting July 1, 1992. BACK6ROU1~/RNALYSIS Proposals were solicited December 27, 1991, and opened on January 17, 1992. Staff reviewed all proposals and re,)ected four (4) for non- responsiveness. Staff interviewed and negotiated with the two remaining qual ifled bidders, and determined that Golden Bear Arborists, Inc., was the most responsive bidder, exceeding the City's requirements. Respectfully submitted, , -\ l W i111am J. O'Neil City Engineer WJ O:CL :Ia ~bw0 OO O b0 O N000 mN OnN~ ryf ~ 00 ~W 00 00 • P f-N P OV f_ n m rv OD ¢Z 06 00 uW 00 NF JN• NN up (W bN brp Wb W ~+2 CI u~ - rv 1~ N P>O mOi bK Ww0 u~w mnNo ° ° ° ° > p o o o W mono ~V 1'1b NO wNZ S < • - vl -N p YSZ < KWZ •2l OAF Z W ; O < Ob. J F • ,- 0 N o Ow p r Op WU FNO P NN rvQ w2 z ~ ~ rv x.. rc Z UO 00 I~ YIO R NO O O ~ N V - N N N 2 N O a V .. Z vl w ~ np ..> OWZ 3J.. ZO OJ C W N + N Wi w7 6Y ~ GpZ JJ JY Z O O ]r SY 01 ZO 7S 7u O7 O • KW< 1-ZJ 1V O O 2 O n¢¢F V~ 46 v J ¢ WN4 N~ ?~ `l ~/ ~{. I 1 Q Fx0 M x ~ 0 m % O % O O O % Y - F < 6 % N % f h F x % % ~. n rv O rv Z Z Z WX O O O F + 6 zrx r % r x rtY <F I'i m u x ~ ~ r, i i wo ° ° ° ° it x I n N % u1 O O ZN O K Y O d 6N M „ Y < N F O p M V W N O YLL " m N N `" n ` r a W .. WW K Y Q w ¢I ru n x X e f N V W Y w i W W 3 x M u J x F U O O N J > O < > O v1 O x O O O O O u W N n r > > > x m p % O 6 n n N W a n n o x o x o 0 x ¢ n z N z z z m i 0 r ~ a p V 2 F S LL VO F IV Q ~ W ~ tF W N ON O N ¢2N Om.. wrc n °o FO -m FO Nm a ZY ~Y ow na wm irFO Nm 00 ..m T J~ 1a JF (VI u~• UZ Z m - n a `) ~ m WEIGHTING OF St EACH (40t TOTAL) POA ITEMS A-H:BACEGROHND A!ID EYPERIENCE FACTORS. A. Length of time in business, type of contractor's license and technical qualifications of firm. R. is the business location such that they can respond quickly to emergency calls? C. Number of employees and type of equipment used in pruning and removal operations? D. Types of service performed: Is the contractor able to perform all types of pruning and removals as detailed in the special provisions? E. Local supervisor? Available 24 hours/day by telephone, radio, or beeper? F. Training program -experience of personnel, e.g. are workers certified by the Western Chapter of International Society of Arboriculture as certified tree workers? Are supervisors certified arborists7 G. Dependability in past service to City oz Favorable reference check showing dependability. Relations with existing accounts. H. Dces contractor have the experience and equipment necessary to perform the traffic control requirements. The other factors to be considered are (these carry a total weight of 60 percent): I. Realism of coat estimate (weighting of 30 percent). Is estimate adequate to provide supervision, to meet required pruning, removal and planting specifications and standards, to provide specified materials and to enable contractor to meet legal requirements for paying wages, taxes, bonding, insurance, and meet OSHA compliance requirements? Does estimate appear to be either too high or too low for required work as compared with comparable work? What impact will this bidder's service have on inspection and other City costs? Has sufficient allowance been made in the estimate for low frequency tasks? 3 ~I ~. J. How well does bidder understand the nature of the work? (weighting of 15 percent). Can the bidder provide immediate response to correct defective service? Can emergency windstorm service be provided if required? Does bidder understand the scope of work and all sections of the special provisions? R. Other considerations which may affect contract performance (weighting of 15 percent). What personnel will be assigned to each work order? What other advantages does the bidder offer for this job? Who will supervise the job? What experience does the Supervisor have? What workers will be assigned to the job? What is their training experience? What is their ability to read, understand and speak English? Can they speak languages other than English? What experience does the bidder have with municipal tree pruning? Does the bidder have other contracts in the vicinity? What other contracts is the bidder performing? What are bidder's prospects for stability? ~~ i~ - CITS' OF RASCHI? Cl'CA~1p~G:1 STAFF REPORT ,-~~ ~~ , DATE: February 19, 1992 ~C1Y'~ T0: Mayor and Members of the City Council ~"~~('~ ~ '~. Jack Lam, AICP, City Manager ~ FROM: William J. O'Neil, City Engineer BY: Mike Olivier, Senior civil cngi neer ', SUBJECT: APPROVAL OF AN AGREEMENT FOR ACQUISITION OF SECURITY, AND DEPOSIT FOR LARK DRIVE BETWEEN IT'S EASTERLY TERMINUS AND ROCHESTER AVENUE STREET RIGHTS-OF-WAY SUBMITTED RY THE WILLIAM LYON COMPANY. i RECOMMENDATION It is recommended that the City Council adopt the attached Resolution approving an Acquisition Agreement, Security, and Deposit, also authorize the Mayor and the City Clerk to sign said agreement. BACK6ROUMD/ANALYSIS The William Lyon Company after unsuccessful negotiations with the property owners is requesting that the City complete negotiations for Lark Drive per the three party agreement between the City, the School District and the William Lyon Company dated December 3, 1997. The City is authorized by State Law to acquire by eminent domain that property necessary for street improvement purposes. The Developer has signed the agreement and submitted the appropriate deposit and security for the acquisition. This agreement allocates costs and responsibilities towards obtaining said properties. Respectfully submi Etepd,~ /' William J. O'Neil ..~ City Engineer WJ O:MO:Iy Attachment RESOWTION N0. CJ'1, 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPERTY, SECURITY, ANO DEPOSIT FOR LARK DRIVE FROM THE NILLIAM LYON COMPANY AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME HEREAS, The William Lyon Company has entered fnto a 3 party agreement with the Chaffey High School District and the Li ty of Rancho Cucamonga to construct Lark Drive and obtain Rights-of-way therefore as shown on Exhibit "A": and WHEREAS, The William Lyon Company has called upon the City to complete the acquisition process; and WHEREAS, for The William Lyon Company to meet the requirements established by said agreement The William Lyon Company has offered the Acquisition Agreement submitted herewith for approval and execution by said City, together with good and sufficient security and deposit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Acquisition Agreement 6e and the same is hereby approved and the Mayor is hereby authorized to sign said Acqui si t?on Agreement on behalf of said City and the City Clerk is authorized to attest thereto; and 2- That said Acquisition Agreement is accepted as good and sufficient, sub,j ect to approval as to form and content thereof by the C?ty Attorney. PASSED, APPROVED, and ADOPTED this _ tlay of 1992. AYES: NOES: ABSENT: enn s ou ayor 3 l~ u;~~-~~n~lr~ AyEtJ~1E ~~7E 30 .-j _ I I ".V ZZ "7 ~o11-13 anN 22l-OI I-09 i ~ ~ ~ ~ I i I ~ f'ARl I ~ PgVZ1 2 Lacz.K o¢NE W r.uYURE I+iGH ~ J RC NJOL d ~~ 1- U1 41 Y ,~ U -~,~~, v ~I~K ~nrdE,_ ------ - - I I --- - t ~~q) ~~`~ `: _ - AI(riG~A ('IT}' OP RANCHq Cl'C;A - titlr: 1~•i_c~~ti-n'j(U' ~ , ., ~ , ~ ~~~ , _- ~ E:~c;l~'F.ERI~G 1J1\'ISIU~ T i9n-' ~ 3~ 1 \ page ~i~ - - 1- n.l r 3 w; wq x~ rF LL Om WV ZW JN J~ KW{ W ~\ ~~ a 3 wz (;l L~ `L~ ail :~ Ltd lP, <i ~~ i /: nl ~• _~' ~Ll ,oo oc 3`~ N w w 6 i \W /'// LL 0 Y Q J 2 z Q O as f o~ u~ U N Q W ~~ F- J o. a Q W f J ~~CH~~~I~t A~ (PAR-~ ~~ ic~z c / N m OV aB 0 3 ¢ 0 i~ o .~ 4 om ~w JN T QW W.. - -~ I ~ ~' ~ 2 ~ W W 1 NI „~ 0j L I L.~ Hi a, LL~ ~~~ l0 ~1 ~ Li.l W x W ~ _ 1 ~ ~ `, z 2 O O o N % ~. ~ ` u ~~ w } J R ~ i3 ~ ~n ~ _, YI 2 ~ 4 ~rc o Q2 W- Z~ ~ ~ W Z J n W ~V WW Z VI } Q W F N yW T }W _ 2 y¢j-~~ x 3: ~~' ¢ ~~ 2; .oo//oi 0 a 00 3~ i\ r z z 0 a oaq \ I \ f- ga \l 531tltl/, ~ ~ ~ U U \ ~ U 1 ¢ Q W y W M1 o° ] .- ~ r ~ a aw ~ \p N f~ W \ \ I Z \ } Z ~ W 1 \ a w J ~ H 0 W =\ O '- \\ ~ ~ ~ oa h od, J I } o ~~°~'m moo Z F" RQJ Q a~ o 00 K J O 0. I H \ ~ ~` ~ I \' 1 I ~ \ \. ( y \ I u• \+ '\ Q J \ .~~ ZZ lo'z \ ~ \\ ~X+11~ ~ ~~ ~ A\ ~~I~~-1 ..~F~. ~-~~~ 3 a m is ~i off: w~ z . ~V JW }~ Jv w ~_ H~ a w~ w i ~~ Q L, i~ tLl u~ lb `I N LLl . 7_ ~ }- i T, z ~ m w N W L,1 2 LL 0 W J T J W H N i _.___ ~. . o ~:. eon o. ~ ~'-' n p n r~`a d'~ o Rio `~ \ c°o ~01m v ~~o _. ~QJ m t J W U Q a .oo of i - ~. W a w F N W u ¢° a z r n w w i, .C x O i r J F H } Z 2 QO a r- ~a o~ U U U y Q W O ~ F- J as a `^ ~ J tJ(F41L3' T ~V'adt ' ) h `f~ ~m O -~ V Ull'Y UN' HANCHU CUCAMONGA ' FROM: Niltiam J. O'Neil, City Engineer DY: Sheiley Maddox, Engineering Aide SUBJECT: ACCEPTANCE OF REAL PROPERTY IMPROYEMENI CONTRACT AND LIEN AGREEMENT FROM DAYID AND CYNTHIA COLLINS, FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE, LOCATED ON THE NORTH SIDE OF RED HILL COUNTRY CLUB DRIVE EAST OF VALLE VISTA DRIYE (APN: 207-082-02) It is recommended that the City Council adopt the attached resolution accepting the sub,lect Real Property Improvement Contract and Lien Agreement and causing the same to record. RAacsROiixo/ANU.rsts The developer, David and Cynthia Collins, of 8510 Red Hill Country Club Drive, east of Va11e Vista Drive, requested a building permit for an addition to a single family residence. Street Improvements are a condition of Issuing the building permit. The City does not require said improvement to be built at this time due to the potential drainage and traffic problems. Therefore, the developers have submitted a Real Property Improvement Contract and Lien Agreement for the construction of the improvements on Red HT11 Country Club Drive. A copy of the Agreement is available 1n the City Clerk's office. Respectfully submitted, '~ ~ ~ N1111am J. O'Neil 'JI City Engineer NJO:SM:dlw Attachment STAFF REPORT DATE: February 19, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~~ RESOLUTION N0. 92' O.J 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMP ROYEMENT CONTRACT AND LIEN AGREEMENT FROM DAYID ANO CYNTHIA COLLINS ANO AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public Improvements in conJunction With building permit issuance; and NHEREAS, installation of cu r6, gutter, sidewalk, drive approach, street trees and pavement established as prerequisite to Issuance of building permit for 8510 Red H111 Country Club Drive has been met by entry Tnto a Real Property Improvement Contract and Lien Agreement by David and Cynthia Collins. NOH, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUC.AMONGA, CALIFORNIA HEREBY RESOLVES to accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mdyor and the City Clerk to sign same, and directs the Ctty Clerk to record same in the Office of the County Recorder of San Bernardino County, California. ~1 Z CITY OF RANCHO CUCAMONGA ~GINEERING DNL4ION 8510 RED HILL COLhTRY CLCB CRI7E ~~ N _ CITY OI' R 11'CHO CliC:1\IOVGA STAFF REPORT ti DATE: February 19, 1992 ~ _ T0: Mayor and Members of the City Council City Manager FRCM: William J. O'Neil, City Engineer Of: Shelley Maddox, Engineering Aide SU BJ ECi: APPROVAL OF A SUBORDINATION AGREEMENT FROM BIDART/SU RINA FOR THEIR PROPERTY, LOCATED AT 10234 4TH STREET RECOMffNDATION: It is recommended that the City Council adopt the attached resolution approving a Subordination Agreement submitted by Bida rt/Surina and authorizing the Mayor and City Clerk to sign same and cause the agreement to record. 6P.CK GROUND/ANALYSIS A Real Property Improvement Contract and Lien Pgreement was accepted by the City Council and recorded on May 25, 1982, as Document No. 82-102548 in the official Records of San Bernardino County, State of C,al ifornia for construction of a landscaped median island, including irrigation on meter, on Fourth Street adjacent. to their property. In order to secure financing for his project, the lender requires that l ende rU bJ 6idart/Su roe has submitted the attached Subo rd i~na ti onoAgreement for City Council approval. Respectfully submit*_ed, ~~~ c'~ ~ l 'd illiam J. O'Nei.L~ City Engineer WJ O:SM:dlw Attachment RESOLUTION R0. 9a. b~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SU60 RDINATION AGREEMENT FROM B IOART/SU RINA AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, a Real Property Improvement Contract and Lien Agreement for the installation of a landscaped median island, including irrigation on meter, on Fourth Street was approved 6y City Council on March 8, 1982, and recorded in San Bernardino County on May 25, 1982, Instrument No. 82-102548; and WHEREAS, for the developer to secure financing for the project, the lender requires that the above-mentioned lien agreement be subordinated to the lien in favor of the lender; and WHEREAS, the developer has submitted a Subordination Agreement to that effect for the City's approval and execution. NUJ, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Subordination Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Subordination Agreement on behalf of the City of Rancho Cucamonga, and the City Cterk attest thereto. 4~ z c~ = ~ 9 ~~. ,_ n z y ~ '~ o o ~ ~ ~' - ~- 0 o z z a ' :.: N fw' ` ,° a H ~ ~ y ~ S 2 ~ ~ i.{:' ii 'n., ., i } i i ~:7 a~ p ,.:79 ~ :7 ~~ ' c ~ E ~ L , I 6 I ~r"__ app •' •+ +~ ` i ~' 7 ~ ~ II _ _ ~,.~,'_ J 7 ~ t i 1 ~ t a7 -79 _p.u_ ...~ _ ~ ~y 7 a7 ~ :7 ! I '7~ j -ii .1~ ~ .,• CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: February 19, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer 9Y: Shelley Maddox, Engineering Aide _ ~ ., SUBJECT: APPROVAL OF IMP ROYEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR A STORM DRAIN IN ROCHESTER AVENUE FOR RANCHO CUCAMONGA HIGH SCHOOL, LOCATED ON THE WEST SIDE OF ROCHESTER AVENUE, SOUTH OF HIGHLAND AVENUE, SUBMITTED BY THE NILLiAM LYON COMPANY RECOMMENDATION It is recommended that the City Counc7l adopt the attached resolution accepting the subiect agreement and security and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND Rancho Cucamonga High School, located on the west side of Rochester Avenue, south of Highland Avenue lies within the Vtctorla Planned Community. Prior to occupancy of the high school, a storm drain system is required in Rochester Avenue for the protection of the high school from flooding. The Developer, The William Lyon Company, is submitting an agreement and security to guarantee the consiructlon of the storm drain improvements in Rochester Avenue in the following amounts: Faithful Performance Bond: E175,000 Labor and Material Bond: E 81,500 Copies of the agreement and security are available 1n the C1ky Clerk's Office. Respectfully submitted, ;~~~~ William J. O'Neil _. City Engineer WJO:SM:dlw Attachments 1 RESOLUTION N0. G)a. Qt~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, ANO IMPROVEMENT SECURITY FOR A STORM DRAIN IN ROCHESTER AVENUE FOR RANCHO CUCAMONGA HIGH SCHOOL NHE REAS, Rancho Cucamonga High School submitted by The William Lyon Company, located on the west side of Rochester Avenue, south of Highland Avenue is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that P.ct; and WHEREAS, the requirements for construction of stone drain in Rochester Avenue established as prerequisite to approval of construction of Rancho Cucamonga Htgh School by the City Council of said City have now been met by entry Into an Improvement Agreement guaranteed by acceptable Improvement Security by The William Lyon Company as developer; and NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and Bald Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and are authorized to present same to the County Recorder to be filed for record. tig crr~- or s ~~;clio cticanlovc~>, STAFF REPORT ~! DATE: February 19, 1992 C -~ T0: Mayor ar.d Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Val Buena, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE OIS?RICT N0. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 89-12, LOCATED ON FE RON BOULEVARD, EAST OF HELMS AVENUE, SUBMITTED BY ALBERT W. DAV IES RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving DR 89-12, accepting the subject agreement and securities, ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND DR 89-I2, located on Feron Boulevard, east of Helms Avenue, in the General Industrial District, Subarea 3 of the Industrial Specific Plan, was approved by the Planning Commission on August 1, 1990 for the development cf an industrial complex containing six industrial buildings totalling 22,940 square feet on 2.2 acres of Land. The Developer, Albert lJ. Davies, is submitting an agreement and securities to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Band: 529,300.00 Labor and Material Bond: 514,650.00 Copies of the agreement and securities are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT DR 89-12 February 2, 1992 Page 2 A letter of approval has been received from Cucamonga Ceu my Water District. The Consent and Waiver to Annexation forri signed by the Developer is on file in the City Clerk's office. Respectfully suhmi tted, / ) ~j "~, ~~.~ L ~ /-.!' L.~' i 'W'illiam J. 0'Ne il~i City Engineer WJO:WV :dlw Attachments So RESOLUTION N0. 9a, ~(~a. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITIES FOR OEVEL OPMEN7 REVIEW NO. 89- 1? WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on February 19, 1992, by At bert W. Davies as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on Feron Boulevard, east of Helms Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Review No. 89-12; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which is identified in said Improvement Agreement. N041, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Improvement Agreement and said Improvement Securities be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 51 RESOLUTION N0. 92, `~/ 3 A RE504UTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OROE RING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 AHD STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FCR DR 89-12 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 16, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. 1 and Street Li gh tina Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"1; and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to Lake proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City C1 erk their written consent to the proposed annexation without notice and hearing or filing of an En ainee is "Report". NPd, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMOMGA HEREBY P,E SOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance Oistr{c t. SECTION 3: That all future proceedings of the Maintenance District, including the ~ of all assessments, shall be applicable to the territory annexed hereunder. S "L EXHIBIT 'A' ~s~~~s~~~a ~a~~~am~a LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LIGHTING MAINTENANCE DISTRICT NOS. ~ AND 6 NiiVTti~ sr ~- - _ 1.-~ G ~ D ~~ ~~ ff ~ i '~ 3~ ~,~ ~,. ,j _ _ 18.64 t~ ~ I~~ I!~. ~ _ ni ~N ~~ ' ~-" ---~~- - - ---- ~ "' I '~ n~ fi~t, ~r~{ \7~ ~ V~J 114.9 H c1~ ~~ ~~ n ~ECErro ~~ ~d~ ~-~ STREET LIr,,IITS / EfF X5600 ~ ~p <~1 STREET i EFS 9 Erg c'~ ~0!~ F'/OPUS c,~~~_=,Pr,~~ia ~~5~~ ail ~~.~j a ~ 11 °~ ~ . ~~~ ~ ~~ ~ PRO. (~ o~ ~Q~ J9 ~ ~~ 9 ~(~ a a ~~a~ ~ J~~ r-s~~":< '1 .. _ i, ). Ci~Y ©F RA4dC7~!© C19CAA~9CDNGA Ct3l9P8aY ©F SAN SE~NAE3L~INIJ D~F B9- /2 S'~'r~'T~ OF' CSal.1'Ft~~3N9A t EXHIBIT "B° PROJECT NAME: OR 89-12 N0. OF D.O. OR dC REAGE: 2.2 acres N0. OF ASSESS. UNIT: 4,4 STP.EET LIGHTING MAINTENANCE DISTRICT No. of Lamps to be Annexed District Na. 586DL~35 'f2-iT60-2T,560 I --- --- ___ ___ _- 6 1 ___ ___ ___ ___ LANDSCAPE MAINTENANCE DISTRICT Community Turf Ground Cover Trees District No. Street Name Equ est .Trail Sg• ft• Sq. ft. Ea. 3 Feron Blvd. --- --- --- 9 W V:2 /19 /92 S ~~ CITY OF RAtiCHO (a'C9~l0NG? STAFF REPORT ~~ ~ ~'. GATE: February 19, 1992 T0: Mayor, and Members of the City Council Jack Lam, AiCP, City Manager i FROM: William J. O'Neil, City Engineer '~, BY: Steve M. Gilliland, Public Works Inspector SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EKTENSION FOR TRACT 12895, LOCATED ON THE WEST SIDE OF BAKER AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, SUBMITTED BY RANCHO CITILAND DEVELOPMENT RECOI/ENDATIOM 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 Bald agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public Improvements for Tract 12895 were approved by the City Council on February 2, 1989, in the following amounts: Faithful Performance Bond: E430,000 Labor and Material Bond: E215,000 The developer, Rancho C1t11and Development, is requesting approval of a 12-month extension on said improvement agreement in order to complete the remaining 40S of the required Improvements. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectfully submittRd, /~,-7 ' \.QC.~ ~ !x'~ W11Uam J. O'Neil City Engineer WJO:SMG:sd Attachments C E C NVIRONMENT CONTROL SYSTEMS, INC. LAND USE PLANNING CONSULTANTS Post Office Box 5 ~ Glendora California 91740 5 (818) 963-8465 / (81 81 963-871 2 January 24, 1992 ;dr. eteve P1. Gilliland Public Works inspector engineering Division The City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, Ca. 91729 Subiect: Request for Extension of Improvement Agreement for Tract 12895 Dear Mr. Gilliland: In accordznce with your letter of 1-14-92 and on behalf cf our client Citiland Development, we respectfully request that the subject Improvement Agreement be extended 12 months inorder to complate the project. As you appreciate, Phases 1 and 2 which include buildings 1 to 13 and all off-site improvements have been completed and signed off by Engineering. In Phases 3 and 4 are buildings 14 to 27 in which the foundations have been poured, inspected and approved. Storm drain, sewer, water, gas and elect..ica1 off-site improvements have been installed. A partial section of curb and gutter has aiso been completed. During the next 12 months, the site will be cleaned, finished graded, utilities connected to the buildings, curb, gutter, side- walks, lighting, manholes set and pavement installed. Attached for your information and use are the requested 3 executed codes of the Improvement Agreement Extension request and fee in the amount of $251.00. Sr, addition, our client has requested that General Bank extent for 12 months Letters of Credit numbers GBSB901-0003 and 0004 in the amounts of 5430,000 and $215,000. These extended Letters of Credit will be provided to you prior to the 5-1-92 expiration date. We appreciate the opportunity to work with you on this project and for your guidance and understanding. Your tavorable and timely decision is sought. tncerely, Gu A Williams, Jr. Pres-ul nt S~ ~/ RESOLUTION NO. ~a- ~~U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPRDVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12895 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 19, 1992, by Rancho Citiland Development, as developer, for the Improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Baker Avenue between Foothill Boulevard and Arrow Route; and WHEREAS, the installation of such improvements, described in said Improvement Agreen~e nt and subject Lo the terms thereof, is to be done in conjunction with the development of said Tract 12895; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, Cal7fornia 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 stgn said Improvement Agreement Extension on behalf of the Ctty of Rancho Cucamonga, and the City Clerk to attest thereto. S - ----- - CITI" OF RAtiCEiO CCCAIDIONG~ STAFF REPORT ~--~~ i-l,f: DATE: February 19, 1992 ~[~~(`,~,.~ T0: Mayor, and Members of the City Council ~~ll~~..)) ~ Jack Lam, AICP, City Manager ~ FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector I~-y.~,tr ~I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT j 13703, LOCATED ON THE NEST SIDE OF HAVEN AVENUE NORTH OF BANYAN STREET, SUBMITTED BY KAJIMA DEVELOPMENT RECOMENDATIOM It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Cierk to sign said agreement. BACKGROUND/AKALTSIS [mprovement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13703 were approved by the City Council on February 21, 1991, in the following amounts: Faithful Performance Bond: E1,433,400 Labor and Material Bond: E 716,700 The developer, Kajima Development, is requesting approval of a 12-month extension on said improvement agreement. Due to the slow economic conditions, the improvements have not yet commenced. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfull~submltted, William J. 0 ~1 ~~~ City Engineer WJO:SMG:sd Attachments KA.IIMA DEVELOPMENT CORPORATION LPS AIGEIES. G 9CI :AFIDOPATE CEMER OW VE tity! ~OPo(, NV $VITE M! MIMEAfCL15 MN MOM1TcPfY Pagl( CpyRORNIa )I]51 IgHCLUV.W USa OP1AA$ i% ~ONYO, JAPAN 7anuary 17, 1992 Steve M. Gilliland Con!munity Development Department Engineering Division City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Re: Improvement Agreement for Tiact 33703 Oear Mr. Gilliland: LO$ AIYiEtES OFr:fE TELEVW~E 12~]1152~6eBo TELE_1WV ,2t]I :523 2:31163"=1G As market conditions are not desirable at this time, Kajima Development Corporation requests an extension of the Improvement Agreement. Enclosed please find the Improvement Agreement Extension in triplicate, signed and notarized. Please send us a copy of this extension after it has treen signed by your office. Enclosed also is a check in the amount of $251.00 for the fee. you. Should you have any questions, please call our office. Thank Sincerely yours, Bruce Froehlich Project Director BF:sc Enclosures S~ RESOLUTION N0. 9s}- Q~jr A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 13703 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 19, 1992, by Kaj ima Development as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the west side of Haven Avenue north of Banyan Street; and WHEREAS, the installation of such improvements, described 1n said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13103; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, 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 attest thereto. ~~ CITY OF RANCHO CL"CAytOYGA STAFF REPORT ,."~ ": ~-~.~ _ GATE: February 19, 1992 T0: Mayor, and Members of the Ctty Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector V~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT El(TENSION FOR TRACT 13738, LOCATED ON THE SOUTHWEST CORNER OF ALMOND STREET AND SAPPHIRE STREET, SUBMITTED BY RODINE COMPANY RECOMEMDAT20N It is recommended that the City Council adopt the attached resolution, accepting the sub,iect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13738 were approved by the City Council on March 22, 1990, in the following amounts: Streets Storm Drain Faithful Performance Bond: 5474,000 5586,000 Labor and Material Bond: 5237,000 5294,000 The developer, Rodine Company, 1s requesting approval of a 4-month extension on said improvement agreement in order to complete a minor drainage Improvement on Sapphire Street, which is currently undergoing plan check. Copies of the Improvement Agreement Extension are avaiiable in the Ctty Clerk's Office. Respectfully submitted, ~- ~~ >~ Nilllam J. O'Ne1UJ City Engineer WJO:SMG:sd Attachments 1 odine January 22, 1992 Mr. Steve M. Gilliland Public Works Inspector City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 Rancho Cucamonga, California 91729 Re: Expiration of Improvement Agreement for Tract 13738 Dear Mr, Gilliland: ' Enclosed please find executed and notarized in triplicate Improvement Agreement Extension for Tract 13738. Rodine Companies, Znc. hereby request a time extension of four months for the Improvement Agreement. The plan for improvements at the southeast corner of the project along Sapphire Street is still in plan check. Upon approval, construction shall commence immediately. Final Inspection and acceptance by the City Council will follow. This time frame is estimated to be four months. Please resk assured of our cooperation in this and all matters of 'mutual concern. Sincerely, Donald A. James Project Manager ~~ 147 cast olive avenue • monrovia, ca 91016 • 818-J03-7771 fax 818-35R-8J28 RESOLUTION NO- ~a, O/~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IM'ROVEhENT AGREEDENT EXTENSION AND IMPR OVEh£NT SECURITY FOR TRACT 13738 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its con sT derati on an Improvement Agreement Extension executed on February 19, 1992, by Rodine Company as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the southwest corner of Almond Street and Sapphire Street; and Improvemen LE AgAreement andf sulbj ect to the hterms othereof, iss to bbe done aim conjunction with the development of said Tract 13738; and WHEREAS, said Improvement Agreement Exte nsl on is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, 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 attest thereto. l03 - - CITI' OF R~1tiCH0 CCCAJIONUA - ---- STAFF REPORT y ~ ~ DATE: February 19, 1992 ~ q ~-~ ~S~-. •., ~~ll ~ TO: Mayor, and Members of the City Council ' Jack Lam, AICP, City Manager FROM: William J- O'Neil, City Engineer BY: Steve M. Gilliland, Public Norks Inspector I U ii ' SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EKTENSION FOR PARCEL MAP 9498 - 4TH STREET MEDIANS LOCATED ON 4TH STREET EAST OF HAVEN AVENUE, SUBMITTED BY REITER RINKER GATENAY/HAVEN I GATEWAY PARTNERS ~ RECOMMENDATION It is recommended that the City Louncit adopt the attached resolution, accepting the sub,{ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/AMAtYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 9498 - 4th Street Medians were approved by the City Council on December 18, 1985, in the following amounts: Faithful Performance Bond: E50,000.00 Labor and Material Band: f25,000.00 The developer, Reiter Rinker Gateway/Haven Gateway Partners, is requesting approval of a 12-month extension on said improvement agreement, 1n order to have sufficient time to have the design approved and construction to take place. The design is being reviewed by both the City of Rancho Cucamonga and the City of Ontario. Copies of the Improvement Agreement Extension are available in the Ctty Clerk's Office. Respectfully submit ~~ ~~ Will tam J. O'Neil J City Engineer WJO:SMG:Iy Attachments ~ ~1 January 33, 1992 City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Attn: Mr. Steve M. Gilliland Public Works Inspector Re: Improvement Agreement Extension Parcel Map 9498 - Fourih Street Median Gentlemen: We are requesting a twelve (12) month extension of the Improvement Agreement for the Fourth-Street Median. The reasons for requesting the extension are as follows: I. Market conditions continue to retard the overall progress of the development. 2. Haven-Gateway Partners have not received additional financing to proceed with the phased development. Design Status \Villdan g Associates, Civil Engineers for the Ontario Center, have prepared plans for the median improvements, and have submitted plaits to the City of Rancho Cucamonga for second plan check. \l'e are enclosing our check in the amount of $251.00 and three copies of the Agreement for the extension. We hate made a request for reissue of the bond that was released by the City in error ,., t. , n,,. ; ' ~~, ~ J p Mr. Steve M. Gilliland January 28, 1992 Page 2 Thank you for your cooperation in this matter. Sincerely, ARNEL DEVELOPMENT C0~IPANY ~Y~ UCH -' John F. Biggs Vice President 1FB:dt C-nclosure ~~ RESOLUTION N0. 9a' ~7 l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9498 - 4TH STREET MEDIAN WHEREAS, the City Count it of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Exte nst on executed on February 19, 1992, by Reiter Rinker Gateway/Haven Gateway Partners as developer, for the improvement of public right-of-way adjacent to the reai property specifically described therein, and generally located on 4th Street east of Haven Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Parcel Map 9498 - 4th Street Medt an; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Exte nston and said Improvement Security be and the same are hereby aDDroved 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. ~1 C'I'CI' OF R.AVCHO CL'CA~[0AG.V STAFF REPORT ~~, ~S- r - DATE: February 19, 1992 ~ T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector II " ~-~ SUBJECT: BOND REDUCTION FOR TRACT 13273, LOCATED ON THE SOUTHEAST CORNER OF MILL IKEN AVENUE AND MOUNTAIN VIEW DRIVE, SUBMITTED BY LEW IS HOMES RELOMENDATIOX It is recommended that Ct ty Council au thorize a reduction of the Faithful Performance Bond for Tract 13273, located on the southeast corner of Milliken Avenue and Mountain View Drive. BACKGROUND/ANALYSIS Tract 13273 is being developed by Lewis Hames, and currently has a Faithful Performance Bond in the amount of 5482,000. All required improvements are complete at this time, with the exception of the final lift of asphalt paving on Mountain Yiew Drive, adjacent to the tract. At the regularly scheduled City Council meeting on November 6, 1991, a Street Capping Agreement was approved between the City and Lewis Homes. Therefore, acting wl thin the provlsi ons of the Agreement, it is being recommended that Council authorize a reduction of the bond by accepting a reduced Faithful Performance Bond in the amount of 548,200, Additionally, the Street Capping Agreement stipulates a two year period in which said streets must be cap-paved. Hence, it 1s also being recommended that Counctl authorize a 2-year extension of the Improvement Agreement. Finally, Since the required Improvements are complete with the exception of the final cap-paving of Mountain Yiew Drive, 1t is being recommended that Counctl authorize the City Maintenance Department to assume the maintenance of the required Landscape areas. Developer: Lewis Homes P.0. Box 670 Upland, CA 91786 ~Q CITY COUNCIL STAFF REPORT iR 13273 - LEW IS HOMES February 19, 1992 Page 2 Release: Faithful Performance Bond 5482,000 Accept: Faithful Performance Bond E 48,200 Respectfully submi tiled, /~J~ William J. O'Neil ~,J CT ty Engineer WJO:SG:d?w Attachment lD "1 CITY OF RdNCHO CUCAMONGA STAFF REPORT DATE: February 19, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, C1 ty Manager FROM: William J. O'Neil, City Engtneer BY: Steve M. Gilliland, Public Works Inspector II-,~ -~__. SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR TRACT 10827-2 LOCATED ON THE SOUTH SI OE OF MANZANITA DRIVE BETWEEN HAVEN AVENUE AND HERMOSA AVENUE The required street improvements for Tract 10827-2 have been canpleted in an acceptable manner, and it is recommended that City Council accept said improvements, authorize the City Engineer to file a Notlte of Completion and authorize the City Clerk to release the Faithful Performance Bond 1n the amount of E661,000.00. The Faithful Performance Bond has been held during the one year maintenance period; therefore acceptance of a Maintenance Bond is not being recommended. BACK6ROUM0/ANALYSIS Tract 10827-2 - located on the south side of Manzanlta Drive between Haven Avenue and Hermosa Avenue DEVELOPER: Relco Industries 4021 Rosewood Los Angeles, CA 90004 Release: Faithful Performance Bond (Street) E661,000.00 Respectfully submTtlied, ~~'J ~ Nilliam J, O'Neil '~ City Engineer WJO:SMG:Iy Attachment l ~% RESOLUTION N0. 9a- b~ 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10827-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 10827-2 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 Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~~ CITY OF RA?vCHO CL'CA~1ptiU~1 STAFF REPORT r- t February 19, 1992 'r FROM: BY: SUBJECT: Mayor, and Members of the City Council Jack Lam, AICP, Ct ty Manager i Wm. Joe O'Neil, City Engineer Steve M. Gilliland, Public Norks Inspect i, RELEASE OF MAINTENANCE GUARANTEE BONDS FOR TRACTS 10827, ', 10827-1 AND 10827-3, LOCATED ON MANZANITA DRIVE BETWEEN ', HAVEN AVENUE AND HERMOSA AVENUE '~. RECOMMEIOATION It is recommended that the City Counc7l authorize the City Clerk to release the Maintenance Guarantee Bonds. BACKGROIMD/AMALVSIS The required one year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER: Relco Industries 4021 Rosewood Los Angeles, CA 90004 Release: Maintenance Guarantee Bonds (Street) Respectfully submitted, Wm. Joe O'Ne1 ~~~ City Engineer WJO:SMG:sd Tract Tract Tract 10827 10827-1 10827-3 535,000 589,800 $42,000 1Z CITY' OF' R.~NCHU Cl'CAMOtiG~1 - STAFF REPORT r ~i DATE: February 19, 1992 , ' T0: Mayor, and Members of the City Council I i. Jack Lam, AICP, City Manager I ~ FROM: William J- O'Neil, City Engineer ' ~ BY: Steve M- Gilliland, Public Works Inspecto r I SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 13425, i LOCATED ON THE NORTH SIDE OF 19TH STREET BETNEEN HAVEN '~, I AVENUE AND HIGHLAND AVENUE RECONMEIDATION it is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds. BACKGROUND/ANALYSIS The requfred one year maintenance period has ended and the street improvements remain free from defects in materials and rrorkmanship. DEVELOPER: Glenfed Development 16601 Ventura Boulevard, Suite 200 Encino, CA 91436 Release: Maintenance Guarantee Bond (Street) E62,300 Respectfulty submi ed, ~~ William J. O'Neil City Engineer WJ O;SMG: sd ~3 No. aa4 «p oe ~p~ptt °ttD ,~ ~~~c pal ~~,c,'c~II'~' sere pvrli`~ Si1"'" ~ 9~~; A~~A` ~ Mme"" 8~~p~p~v"" it ofd ~ of ~ of `g"'- ci~l ~1 ~ licatio his . ~eci~ 3~1y 6 ~ `ma't °o[d11~ ~ 0~ £11~ ~ tr'eet1~1£yC plan A' it on~d tfje e1+a ton °f a de~?il~rt1Wa~ o£ ~~~~cp~ a~ ~~ ao~f~~pa~~o° g1~o1 ~e svb)~ ~,, ~51~ of ~},i~ 1~ ~+..-ifla Yl ~ cltypit~" , g ~d>1°n• CAi""" on tk+e ~ ~~,+no S(~° 1i~1 i£io p~~ ~ ~ appl plann.~hea~~ 91'1g1 °£ F,a"'" X~eu`aej tP as 1g91~ ~~ p.~l i~1on city ~1~~ t is te£~ ~yy a~~ly ~1~ of ~~~y1 ° a~ cz'tlon• ~1~~ a" ec~ tY+e ~ ciCl on tY~ Chis ~,~.y~o palcano~ atypY°'~1~,~~y 5~ 1992~iyc ~~ ~e adoC~'ion °f YAK Y)~ ~,,.j eYSS~y ~~ 1t~ pYio1 tO ~ ~ does ~ C'y' ~o c~ ~~~rya lVl ~l l~al 4z Cr`e c1tY °£ Pa'r t?1g fa~,5 sue' ~1Yed. c~~y1 of Call °~~~, _~,,,c~~~oo Ci and d~ eve ~ ~11~~ C~ ~Sf~ llnancz ~ ~,~} ~i~1~~~y1~eY~ 6• eS°~~~ _ _ n~~ oydal" his CP~v~cp~. A' °f al e~iderc~ a1Yy 5th y, tYj1s A~esjpe the ~1ta y~~.~ on ~lio tys yOn of ~11eY ford' In gases ~11 ~eS W1~' tY,e cA`t i~'lat1~ Z. ~ ° erer~ t~3e es 1~ the ~puCeaf£ f xe'P°~ ys f°lla~s' motion appli~r l1cC Wig ~ WPB Yelat~ oral itically f1 ,me ap21~t A~en tpt ~ Yl plan aTd sP°G lal .res"~° ark' d~ `'~. oral ~ti,,mtxla A ~s arpZv~ ECivrai'!'ath t\\Y~e berms lpl~R~ralYl°Ot+s1~t 1~l es of tY Pa~Y w...., ,. .. ~affic f~ aid die o[~'~~" ~~~ ~, aaa Ya9e 2 ant does Promote the goals acd ob7~ives of t]Ze (c) Zhis or elen~-nt% ~ t ~i.d =pt be materially ~7°Yious wacld cat ~`re a si9Nficant impa°t circulation d) 71us ame~n's' yesproperties. 1 to(t`te ad7ace~t~ sorru`adiTx3 to bus _~~~,.,~~ mil ~ ~ irocmprt ~ °n ial evider~_P`~ -~ycific fi 3. ~- ~~.esped P~lt~2 above, ~s ~~il her'elrl d~ Hce above-. ___.,,,,-;,°h 1 facts set forth In ion of Miller in the aPPl~ tl~~l mcal~~ as £ollOas~ ~yynation (a) 'rtiat tt~e ~as~evideca~ by suitable for the desi9~tlon old not have si9~f1canbY Plan; acxl aunt i~ as evideca~ ~~ ~ ~ ~l~pnt~e~ pry pr sound ~ Pr~p tthe Initial gcvison' . with tk>e cthmneta1 Stt1d~'' acd ~~t is in °oc'f and ~ t the ~ific plan. 7~ ~ ~ r~~}lard Et.crrarda 1 Plan iui»~ of a ative c_...,.a s ~nncil herelN f~~ orni FYrvir°c~thl Quality tle9 considered ~Rls ~~ tlh luxe-bY authorizes ~ ~ acd, turtl~er, _ thz fon~the 5th d~aY of peclaration. acd corGlusioris 5. ~~ upon thisf~cil the C1tYo~°a Etiwacda ~ rda FebNarY 1~ lti~en~Ame~~~the Pion ofa ia~te~n ~i,~n3a ~° Map to ~~ to a semen' Clerk shall Plan Street yystrAm~nue from a collector and the City once e aed Faet May sha this ~inacae yts Pas-~~ at 1 culation Aver~u Zt~e or 11 within 15 days after of general °~ City of 6• to to published lletin, a ~~~ irculated in the N the Inlz~ VaCity o1Cntario, California, a~ lish~ ~ the R~antho CucacTpc~a. ~~ CITY' OF RANCHI) CPCAMONGA STAFF REPORT ~' DATE Febmary 19, ]992 '~ ~ - I 7l) Mayor and Members of the City Council ''~, FROM: Duane A. Baker. Assistant to the City Manager ~I SUBJECT: Consideration of an Ordinance Pertaining to Massage j Technicians, Establishments and Similar Businesses , Recommendation: It is recommended that the City council adopt the attached ordinance which would regulate massage parlors, technicians and other similar businesses. Background: Alter reviewing the portion of the county Code, which the City adapted by reference, relating to massage parlors, it was found that the section was outdated and unenforceable. The attached ordinance has been drafted by the City Attorney as an ordinance which the City can enforce and defend. The ordinance would establish a detailed permitting process for anyone that wanted to perform massage services in the City. each individual massage technician would have to receive a permit from the city and each massage establishment would have to receive a permit as well. This ordinance is being recommended to the City Council as a way of enabling the City to protect its high standards and community values in an arcs where current City codes arc lacking. In addition to this ordinance, the Council will be asked to adopt a change in the development code which would make the definitions of massage establishment in the development code consistent with this ordinance. Res ectfully Sn~bimitte~d, 1'I/q~' n `-~ ' `-~ DAR/dab 1a .., ,• oRmIU,NCE No. ~+°.~ aa`,,,~+r Y AN ORDINANCE OF THE C1TY NUNCII, OF 'If{E CTT'f OF RANCHO CTICAMJi4[.A, CAISFCHSIIA, ADDING A NLW CHAPfIIt 9.24 7U THE RANQIO CLiC4FI7:N,A MUNICIPAL NDE PeXPAII~IING TO MASS7KiE TfX}RdICLANS, FSPART.TSHI4Qj1`8 AND S]MffIAR HIISII4ES.SES 'ihe City Council of the City of Rancho nicamo~a does hereby ordain as follows: SFX"1'ION 1: A new Q:apter 9.24 hereby is added to the Ranrho Cucannrga Municipal Code to read, .in words and figures, as follows: "Chapter 9.24 "Massage EstablishmeMS and Technicians "AKPIQE Z - Massage Establistments "Section 9.24.010 -Definitions 9.24.020 -Permit Rs3uired 9.24.030 -Bartle - Exoeption5 9.24.040 -Massage Establishment -Application 9.24.050 -Same - Operatitxj Requirements 9.24.060 -Same -Facilities 9.24.070 -Same -Inspections 9.24.080 -Same -Permit Not Assignable 9.24.090 -Same - Charge of Location or Name 9.24.100 - .S•ine - Notifi.~atia: of Change 9.24.110 -Sane -Renewal of Permit 9.24.120 -Applicability of Regulations to Existing easiness "AR'PI(3•,E II -Massage Technicians "Section 9.24.200 -Massage Technicians -Permit Required 9.24.210 -Same -Application 9.24.220 -Same -Renewal 9.24.230 -Same -Notification by 'f+erlviician "ARTICLE III -Out Call Massage Services "Section 5.23.]00 -out Call Massage Services -Special Fndorsenrnt Required 9.23.310 -Same -Application 9.23.320 -Same -Records "ARTICLE N -Prohibited Conduct, Procedures, a7d Penalties "Section 9.24.400 -Prohibited Conduct 9.24.4].0 -Suspensions Perdiry Revocation 9.24.420 -Revocation -Message Establishment Remit 9.24.430 -Same -Massage 't~eclurician Permit ~~ Ordinance Mo. +*< Page 2 9.7,4.440 -Permit Denial/Revocation Appeal Proixdure 9.24.450 - 6uiden of Proof at Hearing 9.24.460 -Penalties for Violation of Chapter 9.24.470 -Civil Remedies Available 9.24.480 - Severability "Section 9.24,010 -Definitions "Unless the particulaz provision of the context otherwise rewires, the definitions and provisions contained in this Section shall govern the a~nstruction, meaning, and application of wands and phrases used in this Chapter: "(a) 'Director' shall mean the tdtninistrative Services Director of the City of Rancho Cucarmnga, or his or her designee. "(b) 'Fi~loyee' means ary aryl all persons, other than a massage technician, who may render arty service to the permittee, and who receives cxmq~nsation from the permittee or his or her agent, and who have no physical contact with the custrniexs or clients. "(c) 'Hearing Officer' shall mean the City Manager of the City of FaMho Cucamonga, ar his or her designee. "(d) 'Massage' means arty method of treating the external parts of the human body for remedial, health, or hygienic purpus~. try means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body with the hattls or other parts of the human body, with or without the aid of arty merharric-al or electrical apparatus or appliar~s; or with or without supplementary aids, such as xvbbing alcohol, liniments, antiseptics, oils, powders, creans, lotions, ointments, or other similar preparations, "(e) 'Massage Establishment' means any establishment having a fixed place of business where any person, firm, association, partnership, corporation engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any business of giving massayes, taths, administra- tion of fomentation, electric or maynetic treatments, alwhol rubs, oz any other type of system for treatment or manipulation of the human body with or without any character of bath, surhn as Turkish, Rissian, Swedish, Japanese, vapor, shower, electric tub, sponge, nuneral, fomentation, or any other type of bath. "(f) 'Massage Technician' shall include a 'Massage Technician', 'Massage Trainee', 'Masseur', 'Masseuse', anal means any person wfio administers to another person, for any form of consideration, 'massage' as defined, or baths, manipunlation of the body, electric massage procedure, or similar procedure. "(y) 'Permittee' means any person, firm, partnership or corporation having a permit issued hereunder, "(h) 'Recognized School of Massage' means any school or institution of learni~ which teaches the theory, ethics, practice, profession, or work of massage, which has been approved parsuant to the California Education Code. A srh;ool offering a correspondence course not requiring atterrla»ce shall not be ~8 Ordinance No. ~+~ Page 3 deemed a 'recognized scdncol'. the City of Rarxdro GUCamonga shall have the right to confirm that the applicant has actually attended class in a recognized school of massage. "(i) 'Out Call Massage Service' means arty business where the primary function of such business is to engage in or carry on massage, not at a fixed location but at a location designated 'vy the cvstarer or client. "Section 9.24.020 -Permit Rmuired "(a) It shall be unlawful for any person, firm, partrwsship or corporation to engage in, mrcluc,-t or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises within the City of Fanrho Cucarrorga, the operation of a massage establishment as herein describsl, without first having obtained a permit issued by the City of Rancho Cucarro~a, pursuant to the provisions hereinafter set forth. Said permit shall irrmiadiately be surrendered to the Direcmr upon suspension, revocation, or expiration of said permit. "(b) A permit issued pursuant to this Chapter shall be valid fnr twelve (12) months from the date of ic:`.~ unless revoked or snspe]ded. the permit required shall be in addition to arty business license *eg'+ired by city ordinance or any other permit ra7uired for such use including, but not limited to arty conditional use permit or other similar entitlement for use. "Section 9.24.030 -Same - FJCOeotions "The provisions of this Chapter shall not apply to the follawiig classes of individuals while engaged in the performance of the duties of their respective professions: "(a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licened to practice their respective professions in the State of California. "(b) Nurses registered order the laws of the State of California. "(c) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practice within the snipe of their licenises, except that this provision shall. apply solely to the massaging of the neck, face, arc]/or scalp of the customer or client. "(d) Hospitals, nutsiig hams, sanatoriums, or other health care facilities duly liceltissl by the State of California. "(e) Accrsiited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the stxq~e of their enq~loyment. "(f) Trainers of amateur, semiprofessional or professional athletes or athletic teams. G I Ordinance No. *** Page 4 "Section 9.24 040 - Matsane Establishment 7iCation "(a) Any person, corporation, or *+ fiip desiring to obtain a permit to operate a massage establishment shall make application order penalty of perjury to the Director, prior to submitting sudr application, a noru-e- fundable fee in an amount established b1' City Council resolution shall be paid to the City to defray, in part, the mst of the investigation and report required by this Q~apter. A copy of the receipt showing payment of the required fee shall ammparry the application. "(b) The application and fee ra3uirad under this Section shall be in addition to any license, permit or fee required under any other Qnapter of this Cade or ordinance heretofore or hereafter adopts3. "(c) 'Ihe application for permit does not authorize conducting a massage establishment until such permit has been granted, "(d) Fac3r applicant for a massage establishment permit shall sulmit the follwing information: "1. The full true name order whidr the business will be conducted. "2. 'ihe present or pr'oposad address where the business is to be mrducted. "3. The applicant's full, true name, any other names used, date of birth, California Drivers License numlr_r or California identification number, Social Security number, Present residence address and telephone number. 'ihe sex, height, weight, color of hair, and color of eyes. "4. Previous twro (2) residences of the applicant aryl the inclusive dates at each address, "5. 'The applicant's 'nosiness, ooci>pation, and employment history for five (5) years preceding the date of application, and the inclusive dates of same. "6. The permit history of the applicant, including whether such person has ever had any permit or license issued by any agency, board, city, County, territory, or State, the date of issuance of such a permit or licesLSe, whether the permit or license was revoked or suspendsl, or if a vocational or professional license or permit was issued, revoked, or suspended, and the, reason(s) therefor. "7. All convictions for any crime involving conduct which rc~uires registration under any state law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any state law similar to and including California penal Code Sections 314, 315, 316, 318, G47, or any crime involving dishonesty, fraud, deceit, or moral turpitude. "e. A csmplete definition of all services to 6e provided. g~ Ordinance No. *** Page 5 "9. The rrazm, address, and date of birth of each passage technician, aide, trainee, or enployee who is or will be enq~loysl in said establishment. "10. 'ihe name and address of arty massage business or other like establishment vaned or operated by any person whore name is required to to given , + ,a t to this Section wherein the business or profession of massage is carried on. "11. Acceptable written proof that the applicant is at least eighteen (18) years of age. "12. If the applicant is a wrporation, the name of the corporation shall be set forth e>mctly as shown in its Articles of Incorpora- tion or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5~) of the stock of that corporation. "13. Tf the applicant is a partnershup, the application shall set forth the name and residence addresses of each of the partners, including limited partrrs~s. If the applicant is a limited ~rtr,o,-u,ip, it shall flsnislr a copy of its certificate of limited partr-iership as filed with the Cttnty Clerk. If One or more of the partners is a corporation, the provisions of S"hsec'-ion 9.24.040 (d)12 pertaining to corporate applicants shall apply. "14. Rhe applicant, if a corporation, or partrnsship, shall designate one (1) of its officers or general partners to act as its responsible managing enq~loyee. SUCK person shall ccxiq~lete and sign all application forms required of an individual applicant order this drapter, however, only one (1) application fee shall be charged. 'fie corporation's or partnership's responsible managing employee must, at all times, meet all of the requirements established for perntitteevs by this ~apter or the corporation or partnership permit shall be suspended until a responsible managing e~loyee who meEts such requirements is designated. Tf rq such person is determiner] within ninety (90) days, the corporation or partnership permit shall be deemed canceled withart further notice and a new initial application for permit must he filed. "15. the Director may rsluire the applicant to furnish finger- prints when needed for the purpose of establishing identification. Any ro3uirC71 fingerprinting fee will be the responsibility of the applicant. "16. 'P,m (z) portrait ("passport") photographs of the applicant, two (2) inches by two (2) inches in size. "17. A description of any other 6usirnss to be operated on the szune premises, or on adjoining premises, owrxrd or controlled by the applicant. "18. 7Yte none and address of the owner and lessor of the real property upon or in which the business is to be Conducted. In the event the applicant i.s trot the legal owner of the property, the application must be aecxxgxanied by a copy of the lease and a rrotarized aclciowlFdcpnent from the vn'~er of the property that a nassageyejstablishment will be located on his/her property. 47 I Ordinance No. *** Page 6 "19. Autls~rization far the City of Panc3ro Qramonga, its agents and engrloyees to seek information arcl conduct an investigation into the truth cf the statements set forth in the application. "20. 'the applicant shall sutmit any change of address or fact which may oar during the procedure of applying for a massage establishment permit. "21. The applicant, if an individual, or designated responsible managing enployeE if a _ r+„c.~t+;p or wrporation, shall personally appear at the Arhnvxistrative Services ~,rt,rom and px,-echxce proof that the application fee has been paid and shall present the application corrtainirg the rewired information as described in this Section. "22. A certificate of conpliance fran both the City of RarlCtxo Cucarmrga Cainmuxity Development Dea~+-n,w„t, Building axd safety Division, arcl the San Herriazdino Crxmty Health Departnent must be sutanittad prior to the application approval. Any required inspection fees shall he the responsi- bility of the applicant. "If the certificates of crnpliance are not received by the Director within ninety (90) days of the date of filing, the application shall be deemed wid. If any lard use permit ar other entitlement for use is requira-1, such permit or entitlement for use shall be applied for and received prior to the massage establishment permit hecanirg effective. " 23. 7Txe Director shall have up to sixty (60) calendar days to investigate the application and the bacXgrwnd of the applicant. Rpon the ca!~letion of the investigation, the Director shall grant the permit if he or she finds: "(a) The required fee has been paid. "(b) 'the application conforms in all respects to the provisions of this Chapter. "(c) 'ihe applicant has not made a material misrepresenta- tion in the application. "(d) 'the applicant, if an individual, or any of the stoc]c- holders of the corporation, or arty officers or directors, if the applicant is a corporation, or any partner if the applicant is a partnership, has not been convicted in a court of mnq~etent jurisdiction of an offense involving conduct which requires registration order California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal code Sections 314, 315, 316, 318, 647, or any other crime inwlving dishonesty, fraud, deceit, or moral turpitude. "(e) 'Ihe applicant has not had a massage establishment, massage technician, or other similar permit or license denied, revoked, or suspended by the City, or arty other State or local agency prior to the date of approval. "(f) ltre applicant is at least eighteen (18) years of age. gZ ordinance No. *** Page 7 "!g) the massage establishment as propassl by the applicant would oily with all applicable laws, including, but not limited tn, health, zoning, fire, and safety requirements and standards. "24. if the Director, follewing investigation of the applicant, determines that the applicant does not fulfill the requirements as set forth in this Chapter, the Director shall deny said application by dated written notice to the applicant. ?he applicant shall have the right of appeal as set forth in Section 9.24.440. '!Section 9.24.050 -Same - bpexati Rgauirements "No person shall erzlage in, ~ixluct, or carry on, or perntit to be er~cla4ed in, Wrducted, or carried on, any massage establishment, unless each and all of the follo.~ing reTll Tements are met; "(a) Fach person e~loyed or acting as a massage technician shall have a valid permit issued by the Director. It shall L~ unlawful for any vrner, manager, operator, responsible managing et~loyee, or permittee in change of or in control o£ a massage establishment to enployee or permit a person to act as a massage technician who is not in possession of a valid, unrevoked massage technician permit issued pursuant to this Chapter and which is worn clearly visible durirxl workirq hours. "(b) The possession of a valid Massage FStablisFmwnt Petmit does not authorize the possessor to perform work for which a Massage Teclviician Pernut is rtiquired. "(c) Massage and hash operations shall be carried on or conducted, and the premises shall be open, only between the hours of 7:00 o'clock a.m. and 10:00 o'c1ocF; p.m. "(d} A list of services available and the cost of such services shall be posted in an open public place within the premises, and shall be described in readily understandable larc!uage. No Omer, manager, operator, responsible managing employee, or permittee shall permit, and no massage technician shall offer or perform, any service other than those posted (e) The Massage Establishment Permit and a mpy of the permit of each and every massage technician e~loyed in the establistvmst shall to displayed in an open and conspicuous place on the premises. "(f) Leery nassage establislunent shall keep a written record of the date and hour of each treatment, the name and address of each customer or olient, the Wane of the massage technician administering the treatment, arcl the type of treatment administered. Such written recoxrl shall be maintain in form approved by the Director. Such records shall 6e open to ievspection only by officials changed with enforcement of this Chapter and shall 6e used for no other purpose, including use of the file by owners and empleyees of the establishment. My unauthorized disclosure or use of such information hY any officer or employee of the City or the county of San Hexniardino, or the annex or enq~loyee of the massage establishment shall constitute a misdemeanor and =.ach persons shall be subject to the penalty of the provisions of this Chapter g3 Ordinance No. *** Page 6 in addition to any other penalties provided ~ law. srclr remrls shall be maintained on the premises of the massage establishment for a period of two (2) Years. ^(g) Massage establishments shall at all times be sluipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings and linens shall he stored in enclosed cabinets. lbaels and linens shall rat be used on more than one (1) castanet or client, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) arstomes ar client. soiled linens and paper towels shall be deposited in separate, approved receptacles. "(h) If male and female castanets or clients are to be treated simultaneously at the same massage establishment, a separate massage roan or roans, separate dressing facilities and separate toilet facilities shall he provided for male and female castanets or clients. "(i) wet and dry heat rooms, steam or vapor roans or cabinets, toilet roses, shw;er and bath roans, tanning booths, whirlpool baths and pools shall be thorax>hly cleaned and disinfected as needed, and at least orx~ each day the premises are open, with a disinfectant approved hl' the San Bernardino Cwnty Health Deparbnent. Bathtuts shall be thoroughly cleaned with a disinfectant approved by the Health Department after saran use. All walls, ceilings, floors, aryl other physical facilities of the establishment mist be in good repair and maintained in a clean arcl sanitary condition. "(j) Instruments utilized in performi.rg massage shall not be used on more than one (1) customer or client unless such instnomnts have been sterilized, using approved sterilizing methods. "(k) All enployees, including massage technicians, shall be clean, and wear clean, ran-transparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks, or chest. Massage technicians shall maintain the massage technician permit visibly on their person during business hours. "(1) No person shall enter, tie or remain in any part of a massage establishment while in the nos ion of, corrswiwxl, under the influence of or usvg any alcoholic beverage or drugs except pursuant to a prescription for such drugs. 'Ihe avnex, operator, responsible managing enq~loyee, manager, or permittee shall not permit any such person to enter or remain upon surly premises. "(m) tlo massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. "(n) No massage establishment granted a permit under this Article shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human Wdy that would reasonably s-rggest to prospective customers or clients that any service is available other than those services described in sem-tion ,.24.050 (d) of this Article, tar shall any rassage establishment or out call massage service employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other tlkin those services as described in Section 9.24.050 (d) of this Article. gl Ordinance No. *** Page 9 "(o) No service enumerated in Sextion 9.24.050 (d) of this Article may be carried on within arty cubicle, roan, booth or any area within a massage establishment, which is fitted with a door capable of being locked. "(p) All exterior doors shall remsin unlocked fran the interior side during business hcwrs. "(q) A massage shall not be given and no custaner or client shall Lp in the preserae of a massage technician or other employee unless the customer's or client's genitals are fully arvertd b}' a ran-transparent covering and, in addition, a female cost®rer's or client's breasts are fully coverer] by anon-transparent covering. ^(r) No massage establishment shall be open for business without at least ore (1) massage tedunician on the premises at all times who is in p~c ession of a current, unrevoke3 permit. "Section 9.24.060 -Same -Facilities "Every massage establishment shall maintain facilities meeting all of the following requirements: "(a) Any signs shall be in conformarae with the current ordinances of the City of Rancho Cucamonga. "(b) Mininnrn lighting shall be provided in accordance with Article 220 of the National Electric Cade or successor provision or provisions, aryl, in addition, enouc~r lighting shall 6e provided in each roan or enclosure where passage services are performed on customers or clients to provide a mininwn of seventy foot (75') candle lic~rt intensity at three feet (3') above the floor and the same shall be energized and operational at all times when massage services are being performed therein. "(c) Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code or suece,sor provision or provisions. "(d) Adequate equipment for disinfa-tirrg and sterilizing instnments used in performing the acts of massage shall be provided. "(e) Hot and cold running water shall be provided at all times. "(f) Closed cabinets shall. be provided for storage of clean linens. "(g) Adaguate bathing, dressing, locker and toilet facilities shall be provided for customers or clients. A mininami of ora (1) tub or shaver and a dressing room containing separate lockers which are capable of being locked must be provided for each custaner or client. Separate toilets and wash basins must be provided for male and female customers or clients. "(h) A minimum of one (1) separate wash l>3sin for enq~loyees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provides at wcln basin. 8~ Ordinance No. *** Page 10 "(i) Pads used on massage tables shall be covered with a durable, washable plastic or other wa`.=mmop material a~eptahle to the San Bernardino County Health De~rt,rcnt. "(j) Proof of o~t~pliance with all applicable provisions of the Parrho Cucannnga Municipal Cede arci all applicable laws, ordir~anoes and regulations shall be provided prior to the ins,+a*>~ of arty permits. "Section 9.24.070 -Same - Ins-lions "lhe thief of Police, Director of Cammmity Development, Director and the San Bernardino County Health Department, or their authorized representa- tives, shall have the right to enter the massage establishment for the purpose of making reasonable ur>GSClreduled inspections to observe arcs enforce crnplianoe with applicable regulations, laws, arrl provisions of this Chapter. "Section 9.24.080 -Permit Non-assicrable "No massage establishment permit may be sold, transferred or assigned try the pennittee, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attenpted sale, transfer ar assign- ment, shall be deemed to constitute a voluntary surrercler of such permit and such permit shall thereafter lie deemed terminated arc] void; provider] and excepting, however, that if the permittee is a partnership and ore (1) or more of the partners should die, one (1) or more of the surviving partners may acquire, by purchase or otherwise, the interest of the a~=-^a partner or partners without effecting a surrender ar termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving parnter(s). One (1) or more Proposed partners in a parnership granted a permit hereunder may make application to the Director, together with the fee original application providing all information as required for partners in the first instance arcs, upon approval thereof, the transfer of the interests of one (1) or more ~rtro s to the proposed pxutner or partners may occ~>t. if the permit is issued to a corporation, stock may be sold, transferred, issued, or assigned to a person not listed on the application as a stockholder, the permit shall be deems] terminated arc? void; provided, however, the proposed transferee may sulntit to the Director, together with a fee established by the City Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur'. '!Sectiun 9.24.090 - Cha e of location or Name "(a) A change of location of a massage establishment may to approved ay the Director provided all ordinances and regulations of the City of Rancho Cucamonga are conq~lied with. "(b) No permittee shall operate under any none or conduct any establishment under any designation not specified vl the permit. "(c) Any application for an expansion of a Wilding or other place of business of a passage establishment shall require ca~liance with Section 9.24.060 of this Article. Sb Oxrlirvv>ce No. *** Page 11 "Section 9 24 100 -Massage Establishment Notification of QL e "(a) the holder of the permit to operate or conduct a massage establishment shall notify the Director, in writing, of the none and address of each person Toyed, includitrg massage technicians, at such establishment within five (5) days of said person being e~loyed. "'ihe reluirements of this Section aze in addition to the other provisions of this Article, arc] nothing containei herein shall relieve the permittee of the responsibility of ascertaining, prior to enq~loyment, whether an engnloyee has a current, unrevoked Massage Technician Permit. "(b) If, during the term of a permit, the applicant has any drange in information provided on or concerning the original application or permit renewal application, notification Host be made to the Director in writing, within ten (lo) business days of the charge. "Section 9.24.110 -Same -Renewal of Permit "A massage establishment licenvscrl order this Chapter shall submit an application for renewal thirty (30) days prior to the expiration thereof. The renewal application shall be sulmitted together with the reluisite fee as established by the City Council. Approval of the renewal application shall be contingent upon satisfactory ~lianoe with all pertinent provisions of this tlnapter. "section 9 24 120 - Aoolicability of Reau'ations to Existi , Businesses "the provisions of this Article shall be applicable to all persons arc] busy^^-~^^ describe] herein whether the described activities were established before or after the effective date of this Article, except that massage establishments legally in business prior to the effective date hereof shall have one Fiurcired Eighty (180) calendar days or until the expiration of their current business license, whichever is greater, to fly with the terms hereof. ARTICLE II -MASSAGE TE4INICIANS "Section 9.24.200 -Massage Teclmi.cians -Permit Required "(a) It shall. be unlawful for any person to engage in the business of acting or to act as a massage technician unless such person holds a valid massage technician permit issued by the City. Each massage technician permit holder shall be issued a photo identification badge which will also serve as a massage technician pemit. 'the permit holder shall maintain the massage technician permit visibly on his or her person during lxvsiness hours. Each permit holder shall inmediately surrender to the Director any massage technician permit issue] by the City upon the suspension, revocation, or expiration of such permit. "(b) A permit under this Section shall be valid far twelve (12) months from the date of issuance unless revoke] or suspendel. Orditlarae No. *** page 12 "Section 9 24 210 -Same -Application "(a) Forth applicant for a massage teC2viician permit shall make application under penalty of perjury to the Director. Prior to sukmittirg an application, a nonrefundable fee as established by the City Ctnuail shall be paid to help defray the costs of investigation arcl report required by this Article. A ~' of the receipt shall aooonpan+y the application. "(b) permit fps required under this section shall be in addition to any license, pernrit or fee required order any other section or Chapter of this Code. ^(c) 'Ihe application for permit does rat authorize the applicant to practice massage wtil such permit has been grarrtel. "(d) Fach applicant for a massage technician permit shall sutmit the following information: ^1. Eac3r aryl every fact or inquiry set forth in Sections 9.24.040 (d)3 throuc~ 9.24.040 (d)7, inclusive, of Article I of this Chapter. "2. Acceptable written proof that the applicant is at least eic~rteen (18) years of age. "(e) 'Ihe applicant mnr::t famish a diploma or certificate of graduation from either a 500-hour resident course of instruction or 500 hags of cwnulative education consisting of a 300-barn resident course and 200 additional hours of resident instruction from either: "1. A remgnizad school of massage as defined in Section 9.24.010 (h) of Article I of this Qiapter; or "2, An existing school or institution of learning outside the State of California, together with a ceatified transcript of the applicant's school records shoeing date of enrollment, hours of instruction aril graduation from a course having at least the mininmmi requirerpnts prescribed by Title 5, Division 21, of the California Code of Regulations, wherein the theory, method, profession and work of massage is taught, and a coPY of the sdrool's approval by its state Board of F13ucation; or ^3. 300 hours of resident instruction and mmiberst~ip or the ability to obtain membership in a nationally recognized professional massage technician's organization approved by City at either the certified technician or certified practitioner level. "(f) The massage establishment's full name, address arcl telephone number where the massage technician will be employed at a fixed place of business. In the event the applicant seeks to conduct out call massage services cot listed in the original application, a separate application and £ee must be suRmitted. "(g) SUCK other identification aryl information as the Director may re3uire in order to discover the truth of the matters herein specified as required to be set forth in the application. B~ ordinance No. *** Page 13 ^(h) Tno (2) portrait ("passport") photographs of the applicant, two (2) inches kry twti (2) inches in size. "(i) 7Yte Director may require the applicant to furnish firyerprints when needed for the purpose of establishing identification. Any required finryerprinting fees will be the responsibility of the applir-ant. "(j) A certificate fran a medical doctor licensed to practice in the State of California stating that the applicant has, within thirty (30) days imrediately preceding the date of application, been examit»d and faun to be free of any contagiau or camnmicable disease. "(k) Authorization for the City of Rancho Cuca~mrga, its agents arcs employees to seek information and conduct an irnestigation into the truth of the statements set forth in the application. "(1) the Director shall have up to sixty (60) cale~xlar days to investigate the application arcl the background of the applicant. Upon migaletion of the investigation, shall grant the permit if he or she finds in acrnxdanoe with section 9.24. o40(d)23 (a) through (f), inclusive; atd "1. The applicant has furnished an acceptable diplrnra or certificate of graduation from a recognized school; or "2. 'ihe applicant has furnished written proof fran a recognized school that the minimtmi rnmiber of bouts of instruction have been Meted. "(m) if the Director, follodirg investigation of the application, determine, that the applicant does not fulfill the requirements as set forth in this section, the Director shall decry said application by dated, written notice. Any applicant for a permit who is refused a permit by the Director may appeal the denial as set forth in section 9.24.440. "Section 9 24 220 -Same -Renewal "A massage technician licensed under this Chapter shall file an application to renew the permit thirty (30) days prior to the date of expira- tion thereof. Approval shall be contingent upon satisfactory mnq~liance with all pertinent sections of this Article, including a cvtzent me<3ica1 clearance. A renewal fee as established b}' the City Council shall be charged to defray, in part, the test o£ the renewal investigation required by this Article. "sec,-tion 9.24.230 -Same -Notification by 1'ectuiician "If, during the term of a permit, the massage technician has any charge in information sulmitted during the original application, or renewal thereof as the case may be, the massage technician shall notify the Director of such change, within ten (10) husiriass days thereof, in writing. g9 Ordv~ance No. ~~~ Page 14 "AFSPCLE III -OUP CALL MA.SS'GE SERVICES "Section 9.24.300 -Out Call Massage Services - Soecial Dxlorsement R ira3 "It shall be unlawful fcr any massage establishment or '+u technician to provide, or to offer to provide, massage at arty location except at the place of business approved for a massage establishment hereunder; prwi.dad, hv..ever, that a massage establishment or massage tPrlvucian may obtain a special endorsement to the permit issued thereto specifically authorizirxl out call massage services. "Section 9.24.310 -Same - Anolication "Any massage establishment or massage technician desiring to provide out call massage services shall submit to the Director, together with the requisite nonrefundable fee therefor as established try the City Council, an application to provide out call massage services within the City of Rancho Qrcamorga. In addition tv the r<guirements set forth herein pertaining to massage establishment permit or massage technician permit application, as the case may be, the applicant shall submit detailed information setting forth the manner aryl means of transporting, to and from the pranises where out call massage services aze to be performed, the clean, sanitary tonels, coverings and linens, sterilized instruments to be utilized, as well as any supplemen- tary aids, equipamnt or devices to be utilized and the method(s) of disposal thereof. "Section 9.24.320 -Same - Records "All massage technicians authorized to perform art call massage services hereunder shall keep a written remrd, at the nassage technician's principal place of business, a separate rewnd of out call massage services performed as required by, and subject to the restrictiore of, Section 9.24.050 (f) of Article I hereof and shall include therein the location, try street address, including suite or apartment number, where such services have been perforn~ed. "ARPICLE N - PRO}1IBI7'ID COEIU[JCP, PROCEDURES, AND P124AI,TIIS "Section 9.24.400 -Prohibited Conduct "(a) It shall be unlawful for any massage technician to massage the genital area of any custwrier or client or the breasts of any female custaner ox client or for any massage establishment to allo,~ or permit such massage. "(b) Massage technicians shall 6e fully clothed in non-transparent clothing at all times that shall not expose their genitals, pubic area, Fxrttocks, or chest. "(c) It shall be unlawful for a massage teclviician to perform any massage services at any location other than that location specified on the massage technician permit. l~ Ocdinar+ce No. •a+ Page 15 "Section 9.24.410 - Suspension ~rdir~r' Revocation "Ffien the grounds for revocation order this Article are that the permuttee is suspected of immral, improper, or otherwise objectionable conduct, the permit may be s++~^~~ until the revocation hearing proar3ure has been completed. "se[.tior 9.24.420 -Revocation -Massage Establishment Permit "'Rre Director shall revoke the massage establishment permit of any person, firm, part.+o.rhip or corporation holding the same upon remipt of satisfactory evidence that the permuttee has made a material misrepresentation on the permit application, or if the permittee, any managing responsible er~loyee thereof or any of fire persons enumesated in Sections 9.24.040(d)12 or 9.24.040 (d)13 of Article I of this chapter has been convicted of or entered a plea of guilty or nolo conterdere to arty charge of a violation of any of the provisions of this chapter, or of the enumerated statutes set forth in 9.24.040 (d)7 of Article I of this Chapter or arty lesser included offense. The Director may revoke, after notice and hearing, a massage establishment pernu.t if, on the basis of satisfactory evidence, it is shown that the permittee, any marHgirg responsible employee, or arty enployeE, representative, or agent of the permittee or arty massage tec2urician enployed by the permittee, has engaged in mn;iuct constituting a violation of this Chapter or of arty of the enumeratsl statutes set forth in section 9.24.040 (d)7 of Article I of this c]wpter. 'the Director shall provide the permittee with written notice of the revocation or proposed revocation by certified mail addressed to the street address of the massage establishment as sho+m on the application. "Section 9.24.430 -Same -Massage Technician Permit "'the Director shall revoke the massage technician permit of arty person holding the same upon reoeivitq satisfactory evidence that the pennittee has made a material misrepresentation on the permit application or if the permittee has been mrrvicted of or entered a plea of guilty or polo conterdere to any charge of a violation of any of the provisions of this Chapter, or any of the enurres•ated statutes set forth in Section 9.24.040 (d)7 of Article I of this Chapter or to a lesser included offense. 'lhe Director may, after notice and hearing, revoke the massage technician pexmit of any permittee if, on the kasis of satisfactory evidence it shows that the permittee has engaged in conduct constituting a violation of this Chapter or any of the enumerated statutes set forth in Section 9.24, 040 (d)7 of Article I of this chapter. The Director shall provide the permittee with written notice of the revocation by certified mail a^^"^°-^^^' to the pennittee at the address of record shown on the massage technician permit application. "Sec-tion 9.24.x40 -Permit Denial/Revocation Anpeal Procedure "The applicant. or permittee, as the case may be, within ten (10) Uusiness days after receipt of denial of an application fora permit under either Article I or Article II, hereof, or notice of revocation, may file an appeal with the City Clerk to be taken to the Hearing officer. In the event an appeal is filed within the ten (10) day time frame, a suspension may be in effect until the final decision has been rendered by the Hearing Officer. ~I ordirmnce No. *** Page 16 "If the applicant or permittee fails to make an appeal within the ten (10) day filirg period providsi herein, denial/revocation shall take effect immediately upon expiration of such filing period. No permit shall be revoked until after a hearing shall have been held before the Hearirg Officer t~ determine good cause for such revocation, or the appeal filiry period has lapssi. It is unlawful far any pP-rson to wrrluct a passage establishment ar carry on the business of massage until the revoked permit has been reinstated by the Hearirg officer. "Notice of such hearing shall be given in writing arc] mailed at least ten (10) days prior to the date of the hearirq, by certified mail, addressed to the address listed on the massage establishment application, or '"a~~le technician application, as the case may be. Mitre notice shall state the grcurds of the conplaint and shall state the time and place where such hearing will lie held. "After said hearing, the Hearing Officer shall rerder a written decision within ten (10) business days fran the date the matter is sutmitted for decision. The action of the Hearing Officer shall he final and conclusive. "Section 9 24 450 -Burden of Proof at Hearing "unless otherwise specifically provided by law, the Wrden is on the permittee/applicant in any hearing order this Article to prove that the deter- mination of the Director which is being appeals3 is unreasonable, erronea>_s, ar clearly abusive of discretion. "Section 9.24.460 -Penalties for Violation of Chapter "It shall be unlawful for arty person, firm, partnez'~~1rip, or corporation to violate arty provision or to fail to oa~q~ly with arty of the ra3uizements of this Chapter. Any person, firm, partrrerslrip or corporation violating any provisions of this Chapter ar failing to crnply with arty of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One 7trousand Dollars ($1,000.00), or bf' impr. isoNrent not ex~ing six (6) rronths, or by both such fine and ir~risormwnt. Faclr and every person, firm, partrrer^~rip, or corpora- tion shall to 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 is conunitted, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Crvapter. "Section 9.24.470 -Civil Rai~eciies Available "'Itte violation of any of the provisions of this C]rapter shall constitute a nuisance and may be abated by the City through civil proo~ss by matins of restraining order, preliminary or permanent injunction or in arty other manner provided Ni' law for the abatetnent of such nuisances. ~Z Ordinance No. *•* Page 17 'Section 9 24 480 - Severability "Zhe City Cwncil declares that, should airy provision, section, paragraph, ^* or word of this Chapter to rendered or declared irnalid by arty final axst action in a cau't of crnpetRnt jurisdiction, or by reason of any preengtive legislative, the remaining provisions, sections, ;U+-a r~~'a~s, sentences and words of this Chapter shall remain in full force and effect." SfX'PION 2: 'Ihe Mayor shall sign this ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage. at least once in the Inland Valle, oail}~ Bulletin, a newspaper of general circulation publistrerl in the City of Ontario, California, and cirwlated in the City of Randro Cucarmrrga, California. 93 CITY OF RANCHO CL'CAMONGA STAFF REPORT ~`'' DATE: February 19, 1992 (~ T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Steven Roea, Assistant Planner SU &TE CT: DEVELCPMECfI CODE AMENDMENT 91-OS - CITY OF AANCHO CU CAMONGA - A request to amend the definition of Massage Establishment in Secti or. 17.02.140 of the Development Cade. RHCOMM@7DASION The Planning Coavnission zecommen ds that the City Council approve Development Code Amendment 91-OS through adoption of the attached Ordinance. ABSTRACT The City is amending a portion of the Municipal Code which regulates massage parlors and similar busine se es• An amendment to the Development Code is necessary to make the definition of a Mas sa qe Establishment consistent with the proposed Ordm ante. HACAGROOND On December 17, 1991, the Planning Commission held a pu 6lic hearing on the proposed change and re cortmiended [hat the City Council adopt the amendment. Attached are the Planning Commis lion Statf Report and Minutes from the December 17, 1991, me et inq containing a more detailed discussion of the proposed amendment. Vote: The December 11, 1991, Planning Commission meeting was cancelled and moved to December 1'i, 1991, due to the lack of a quorum. CORReBPONDBNCS This item has been adver tisea as a pu biic hearing in the Inland Valley Da i~ Bulletin newspaper. Re/s%pgtfful ly / - Hra lle D\ Cit Planner BB:SH/Ifs Attachments: Planning rpmmis5 ian Staff Report dared December 11, 1991 Plannmq Cononi ssion Minutes dated December i7, 199t Planning Oommissinn Resolution No. 91-1SB Ordlnance for Development Code Amendment 91-OS LI CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 11, 1991 ='q To: Chairman and Members of the Planning Commie eion .w FROM: Brad Eu11e r, City Planner eY: Stever. floss, Assistant Planner SUB cCT: DEVELOPMENT CODE AMENDMENT 91-OS - CZTY OF AnNCHO CDCAMONGA - A request to amend the definition of Massage Establishment in Section 17.02.140 of the Development Code. ABSTRACT: The City is amentling the Municipal Code which regulates massage parlors and similar businesses. The ordinance has been drafted and will be scheduled for hearing by the City Council in the near future. An amendment to the Development Code is necessary to make the definition of a Massage Estab:iehment consistent with the proposetl ordinance. O ISCUSSION: Section 17.02.140 of the Development code currently defines a Massage Estab li ahme nt ae: PASSAGE ESTABLISHMENT: An establishment where any person in engaged in the business of massaging, rubbing, shaking, kneading, or tapping the human body, or giving turkie h, ru ssian, ewedish, or other bathe, or similar procedures. Massage entabliehmenta shall not include licensed chirp practore or other licensed medical erect it inners. The revised definition is proposed to read as fellows: MASSAGE ESTABLISHMENT: Any est abliehment having a fixed place of business where any person, firm, aeeeciat ion, partnership, or corporation engages in, conductor or carries on, or permits to be engaged Ln, conducted, or carried on, any business of giving massages, bathe, administration of fomentation, electric or magnetic treatments, alcohol rube, or any other type of system for treatment or manipulation of the human body with or without any character of Lath, such as Turkish, Russian, Swedish, Sapflneee, vapor, shower, eiectric tub, sponge, mineral, fomentation, or any other type of bath. Massage setabliehmerta ah ail not include the following: a. Physicians, surgeons, chiropractors, oeteopathe, or physical therapi ate who are duly licensed to practice their respective professions in the State of Californi n. b. Nu reee registered under the laws of the State of California. PLANNING COMMISSION STAFF REPORT DCA 91-OS - CS TY OF RANCHO CBCAMONGA December 11, 1991 Page 2 c. Barbera and beauticians who are duly licensed under the laws of the State of California while engaging in praet ice within the scope of their licenses, except that this provie ion shall apply solely to the mac caging of the neck, face, antl/or scalp of the customer or client. d. Hospit al e, nu reing homes, can ator fume, or other health care f acilitiea duly licensed by the State of California. e. Accredited high schools, junior colleges, and colleges or univere it ire whose coaches and trainers are acting within the scope of their employment. f. Trainers of amateur, eemiprofeaeicnal, or professional athletes or athletic teams. FACTS FOR FINDINGS: in reviewing the proposed ame ndmeni, the Plann ing Commission must maY.e the followi~.g find fogs: A. This amendment does not conflict with the Land Bee Policies of the General Plan and will provide for development within the district in a manner consistent with r.he General Plan and related development; and 3. chat the proposed amendment ie in compliance with each of the applicable provisions of the Development Code; and c. Tbat the proposed amendment will not be detrimental to the public healthy safety, or welfare or materially injurious to props rt ire or improvements in the vicinity; and C. That the proposed amendment will nut be detrimental to the obj act fuse of the General Plan or the Development Code. ENVIRONMENTAL ASSESSMENT: The propoe ed amendment ie exempt from the California Environmental quality Act under the general rule that 1t dose not have the potential Eor causing a eignif icant effect on the environment (see Article 5, Section 15061). CORRESPONDENCE: This ii em hoe been advert feed ae a public hearing in the Inland valley Dailv Bulletin newspaper ae a one-eighth page ad. PECOMMENOATION: Staff recommends that the Punning Commies ion recommend approval of Development Code Amendment 91-OS to the City Council through adoption of the attached R eso iution. Rasp u1 mi ~etl, !/ 1 Cit Planner \tt ac hmenta: Reeolut ion of Approval -I Draft Ordinance Eor City Council approval w asioner Melchex commented that the contlitione appeared to have b writt to enable the project to be built without making all of e improve to which would normall be re Y po pare. Me aid that norm 1 when a rt ion of a site i& develofed tthe Cit ere landacapin mprovemente on the balance of the e' y qu tree imal cand it ions b uee he felt they were minimal. ;iv' He did not eup rt the Chairman McNiel ~ned the public hearing. Bob Nueting, RJN Oe n Group, 27285 Lae Aamblae, /250 Mlss io Viejo, stated that the footle rogue d from the et ate amount to $13 mill project budget amount• $30 million. Ma said the lane Dut the total some impzovementy bayou the arc p Dmitted indicate aignif icant amount of land p el map acne. Ma • there will be a ping, particularly around building. Chairman McNiel agreed the can tione may Da eomawha raga iremanta, but ha felt the act nconeieteni with normal living cond itione of the r P ie deal goad enhance tM Community and built and he felt it would eDe dprop to athou ht e 9 Park will aven[ua11y be deferring acme of the improvements pprov the project oven iE it meant cand it ions had been used Eor church Me d that in the past eimil at construction of the library and park, asked the timetable fot the Brad Buller, City Planner, stated they a renily no money allotted in the budget Eor construct ion of the grant Eu nding for the lihrar Park the C was attempt inq to ee y cure the Commissioner Chitlaa fall the jert will be a community and she felt it wo 6zwlou• addition [o the possible even if aver hin he appropriate to et movLng as quickly ae Yt 9 ld not be done et once Commissioner Me Lchvc eta he had no quarrel with th des of the library, but he would voce a al the improvement e. 9 Project bacauw aE the dec ion to postpone the Maticn: Moved Chlt tea, seconded Declaration and dopt the resolution a by valletG, to i • a Negative Tent et ive Par Map 13912. Motion carried 6yn9he tollo4ing vet easement antl AYES: HNISSIONERS: CMITIEA, HCNIELr TOLSTOY, VALL$TTE NOES: CONMISSIONER3t MELCNER AB T: CONMISSIONERSt NONE -carried K. D VE 0 AMENOM~NT )]-D CITY 0- R amentl the definition of Maa sage Eetabllahment In Section 17.02.140 of tt he Oeve lopmant Code, Planning Commission Minutes q0. G -1 1 I oecambar 17, 1991 Steve Aoee, Assistant Planner, presented the et aft report. Commissioner Melchor asked uhy the deEinit ion was being changed. Ralph Haneo n, Deputy City Attorney, stated the change waa requested to make the aef in it ion coneietent with a description being included in the bust neea l icenee iegulatian in the process aE being adopted. Chairman McNiel opened the public hearing. There was no teat imony and Chairman McNiel closed the hearing. Motion: Hoved by Chitiea, eeco tided by Valletta, to adopt the resolution recommending appzov nl of Development Code Amendment 91-03. Notion carried by ti:e following vote: AYES: COMHZSSIONEAS: CNITLEA, MCNIEL, HELCHEA, TOLSTOY, VALLETTE NOES: COAMISSIONEAS: NONE ABSENT: COMMISSIONERS: NONE -carried OSP - A requ u! to utablieh a churoR in a hued apace of 2,978 equ within an existing induatriai park on 3.6 scree of land e Ind ial Pnrk District (subarea 6) of the Industrial Azea Spec' Plan, locate 10373 Tredemerk Parkway, Suites P end 0 - APN: 7 1-19. eruca Buckingham, anning Technician, presented the staf port. Chairman McNiel opens • public hearing. Michael Edward e, Intsrnatio Church of t our Square, 30827 Yolo Street, Rancho Cucamonga, requested ap al of conditional use permit. He Eeli it would be an oust to Chs common Chairman McNiel caked if th acila would 6e largo enough for the congregation over a period o me. Mr. Edwerde responded they believed it will C their current needs. He said they may split o mull iple eervice• as the co gat ion grows and would then look to set •h •Lewhere if the growth i• eigni nt. Hearing no ther testlsony, Chairman McNiel cloned the publi nr ing. commi oner Tolsioy stated that many churches have alerted up the in tiel area. Hs hoped the church would eventually ba a61• to fi an Planning Commie ion Ninutee ~ December ll, 1991 98 RESOCUTlorv No. ~1-lee A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OP RANCHO CVCAMONGA, CALI FORNZA, RECOMMENDING APPROVAL OF OEVELOPH£NT CODE AMENDMENT 91-OS AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REVISE THE OEFIN IT ION OF MASSAGE ESTABLISHMENTS, AND HARING FINDINGS IN SUPPORT THEREOF. A. Rec it ale. (i) Tne City of Rancho Cucamonga has initiated an application far Development Code Amendment No. 91-OS a• described in the title of this Resolution. Hereinafter in thl• Resolution, the subject Development Coda Amendment ie referred tc as "the epplicat ion." (ii) On the 11th day of December 1991, and continued to the 17th day Df December 1991, the Plnnning Commieelon of the City of Rancho Cucamonga conducted a duly noticed pub llc hearing on the application and concluded eaitl hearing on that date. (iii) All legal prerequie itee prior to the adopt lan of this Reeolut ion have occurred. B. Resolution. NOW, THEREFORE, Lt i• hereby found, determined, and resolved by the Planning Commission of the City o[ Rancho Cucamonga a• follows: 1. This Commission hereby specifically finds that all of the facie set forth in the Recitals, Part A, of this Resolution are tYUe and correct. 2. Based upon substantial evidence preesntstl to this Commission during the above-referenced public hearing on December 11, continued to December 17, 1991, including written and oral staff reports, together with public teat imony, this Commission hereby apscif Lcally finds as follows: (a) Ths application applis• to all propsrtie• located within the City? and (b) The proposed amendment ie not considered a project by the California Envlronmsntal Quality Act end is, therefore, exempt (ws Article 5, commencing with Seetion 15061). 3. Based upon the substantial evidence presented to this Commies ion during the above-refecsncsd public hearings and upon the apscif is find Inge of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes a• follows: (a) That tM amendment tlon not conflict with the Land Use Folic iea of the canal Plan and will provide for davslopmant'withln she district in a manner consistent with ihs General Plan end with related development; and Q I~ FLANK INO COMMISSION RESOLUTION NO. 9:-id8 DCA 91-05 - CITY OF RA.YCMO CUCRMONGA December 17, 1991 Pag0 2 (b) Thai the proposed amendment i• consistent with the objeciivee of the nave LOpment Cods; and (c) That the proposed amendment will nOt bs detrimental to the public health, safety, or welfare or materially injurious to Propert iee or improvements in the vicinity; and (d) That the proposed amendment will not be detrimental to the objectives of the General Plan or the Devsl0pmeni Code. 4. Beaed upon the findings and conclusions est forth in paragraphs 1, 2, and 3 above, this Commission hereby resolves a• follows: (a) That the Planning Commieeian Of the Clty <E Rancho Cucamonga hereby ra<ommsnda approval of Development Coda Amendment 91-OS to modify the Municipal Coda par the attached Ord lnanca. S. The Sacrstary Lo this COmmiu ion shall certify to the atloption of this Resolution. APPROVED AND ADOPTED THIS 17TH DAY OP DECEMBER 1991. PLANNING CO SSION OF ~1T"Hj~E \CLI TY' OLF/ AANCNO CUCAHONGA EY: ~ O/r~/U^---1 z, Brad Buller, Sacrstary of the Planning Commtuion of the Clty of Rancho Cucamonga, do hsnby cart Lfy that the foregoing Reoolution was duly and regularly introduced, pausd, and adopted by tM P1annLnq CommlasSOn OE the city of Raneho Cucamonga, at a regular muting of tM Planning Commies i0n held on CM 17th day of Decwnbsr 1991, Dy the tollowinq vote-to-wit: AYES: WMMZSSIONERS: CHITIEA, MCNIEL, 4ELCHER, TOLSTOY, VALLETTE NOES: COHHISSIOMERS: NONE A85ENT: COMMISSIONERS: NONE ~Da ORDINANCE N0. ~ ~~ A9 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCNC CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-0 E, AMENDING TITLE 17, CHAPTER 1].02.140 OF THE RANCHO CWAMONGA MUNICIPAL CODE TO REVISE THE DEFINITION OF MASSAGE ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 5 £CTION 1: Section 17.02.140 is revised to read as follows: MASSAGE ESTABLISHMENT: Any establishment having a fixed place of business where any person, firm, association, partnership, or corporation engages in, conducts, or carries on, or permits to be engaged in, conducted, or carried on, any business of gi vinq massages, baths, administration of fomentation, electric or magnetic treatments, alcohol rubs, or any other type of system for treatment or manipula Cion of tha human body with or without any character of bath, such as Turkish, Russian, 5wedi shr Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage establishments shall not include the following: a• Physicians, surgeonsr chi ropractor. s, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the State of California. b. Nurses registered under the laws of the State of California. c. Barbers and beauticians who are duly licensed under the laws of the State of California while en qa ginq in practice within the scope of their li reuses, except that this provision shall aPPly solely to the massaging oP the neck, face, and/or scalp of the customer or client. d. Hospitals, nursing homes, sanatoriums, or ether health care facilities duly licensed by the State of ^.a lifcrnia. e. Accredited hl gh schoo LS, junior rol legs s, and culls ges oz uni ve vsities whose coaches and trainers are acting within the scope cf their employment. E. Trainers of amateur, semiprofessional, or pr ofesaional athletes or athletic teams. log CITY co.~NCxl: oRDxNANCe No. OCA 91-OS - CITY OF RANCHO CUCAMONGA February 19, 1992 Page 2 SECTION 2: This Council finds that this amendment is not considered a project by the California Environmental Quality Act and is, therefore, exempt (see Arti.c le 5, commencing with Section 150611. SECTION 3: The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or dec lare9 invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining orovis ions, sections, paragraphs, sentences, and words of t!:is ordinance shall remain in full force and effect. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk sha .1 certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its adoption at least once in the Inland Valley Daily Bulletin, a newspaper of general circa la[ion pub l!shed in the City of Ontario, and circulated in the City of Rancho Cucamonga. IU~ --- CITY OF RA~CHII Ci:CA~10NCA STAFF REPORT ,~-C^~ '~`~~, , February 19, 1992 ~~ Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer BV: Paul A. Rougeau, Traffic SUBJECT: RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 40 MPH ON LEMON AVENUE FROM HAVEN AVENUE TO HIGHLAND AVENUE ANO 45 MPH ON EAST AVENUE FROM BASE LINE ROAD TO HIGHLAND AVENUE. RECOMIEIOATION It is recommended that Section 10.20.020 of the Municipal Code be amended to provide for a speed limit of 40 MPH on Lemon Avenue from Haven Avenue to Highland Avenue, and 45 MPH on East Avenue from Base Line Raad to Highland Avenue; and making findings thereof. BACKGROUND/ANALYSIS Sections 22357 and 22358 of the Caiifornia Vehicle Cvde allow cities to set speed 17mits 1n accordance with specific engineering surveys in order to more precisely establish the "reasonable and prudent" speed required under basic State speed law. This speed then becomes the basis for enforcement, eliminating the extreme discretion which otherv~ise could occur. Such a survey, less than 5 years old, is also required where radar is used for enforcement. A survey as required above has been conducted on each of these streets. The survey Involved the determination of the prevailing speed of existing traffic by the use of radar, an analysts of the recent accident history and a search for any conditions not apparent to drivers which would require a reduced speed. The results of these surveys are summarized 1n the attached table. After review of these results, it was found that the safety record of Lemon Avenue and East Avenue were well within expected levels and there are no unusual conditions not apparent to drivers. Lemon Avenue between Haven Avenue to Highland Avenue • Ma,~ority traffic speed 36 to 45 MPH Prevailing speed of 44 MPH CITY COUNCIL STAFF REPORT ESTABLISH SP EEO LIMIT OF 40 MPH AND 45 MPN ON LEMON AND EAST AVENUES FEBRUARY 19, 1992 PAGE 2 East Avenue between Base Line Road to Victoria Avenue Majority traffic speed 37 to 46 MPH • Prevailing speed of 46 MPH East Avenue between Victoria Avenue to Highland Avenue • Majority traffic speed 38 to 47 MPH Prevailing speed of 48 MPH These sections of Lemon Avenue and East Avenue have limi±ed access with few intersecting streets. Thus, the observed prevailing speeds must be the predominant consideration in determining the speed limit. CONCLUSION A speed limit should be established that would be considered reasonable by most of Lhe drivers on the street and still provide for effective enforcement. p speed limit such as this is set at, in most cases, the first 5 MPH increment below the speed at which 85 percent of the drivers are going. If accident rates are higher than expected, a further 5 N1PH reduction from the 85 percent level accompanied with a higher level of enforcement should reduce the accident rate to within expected levels. The proposed speed limits are expected to be exceeding by 7% to 22% on East Avenue and 40% on Lemon Avenue, of the drivers observed, however, the limits should provde an effective tool for law enforcement due to the circumstances under which they will be in force. Respectfully submitted, ~~~ Nilliam J. 0'Ne 7 City Engineer NJ O:PAR:BMP:Iy cc: Dan Glass, Chairman, Public Safety Commission Attachment lo~~ :~3 30~ ~03 •Ki WY Opp FLW M L ~Y11 O 5 WW•w 7SY V K• vU~ 2 a% 6~ OWi Ppy 6 O y}m mVa ~O^VV C• PUS ^6• ~UOV~ } YC^ST e z w U_ P N O N M VW~ 660 ~ 6N~ O I~1 W ¢W~ WKW~ Num. t m~ ..o: ~~w~ YiN~ P m M •OpV mow: a rcmaw o~n. i w o m~-• ^°¢: .o o o u`w: P JLL U 2 if O L ~ _ _ 7 L _' I~~ N ~ Y~ifA YVF ~- W ~I OG I!~ N ~W4 P P 6N vipnW~ w ~i USKV N N wLVU~ N ~}PY O m ~S. O N ^S~ IO r6~ w N OI _ _ A6S6~ P P m m OW "JOT f P P ~'+JN% +INa PW N P P vi N I/ Ww~ i o n~`nd: :ao~>. z z r a ~ 0 mri ~ .. m m r Z M O O k O O J M fJ fJ JW K tt W 6 Z tt J w S i a > 6 S _ U 2 u ¢ z 1~~ 2~___ ~~ ~. _.. ~- .ri r~-11111-1._.~ _~ ;~,. y ~y'. ,~,~~i ~~ ~_ v ~~~~• --~-- -~~'y_ ~. ~~ ~,,.. ~_ _.~ -- „~~. ~, ra i v"1 n; ~''~ C W N J a J cL 4 J Z ,ll :I Q2 JQ 1~ '~ ORDINANCE N0. ~ ~ 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CL'CAMONGA CITY CODE REGARDING PRIMA FACIE SP EEO LIMITS ON CERTAIN CITY STREETS A. Recitals (i) California Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. Iii) The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Part B of this Ordinance. (iii) The determinations concerning prima facie speed limits set forth in Part B, below, are based upon the engineering and traffic survey identified in Section A (ii ), above. 6. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Section 10.20.020 hereby is amended to the Rancho Cucamonga City Cade to read, in words and figures, as follows: 10.20.020 Decrease of state law maximum speed. It is determined by City Count re sou on an upon a ass o en engtneeri ng and traffic investigation that the speed permitted by state law 15 greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared that the prima facie speed limit shall 6e as set forth in this section on those streets or parts of streets designated in this section when signs are erected gluing notice hereof: Declared Prima Facie Name of Street or portion Affected Seed Limit (MPN) 1. Archibald Ave. -Banyan St. to north end 50 2. Archibald Ave. - 4th St. to Banyan St. 45 3. Arrow Rt. - Baker Ave. to Haven Ave. 45 4. Baker Ave. - 8th St. to Foothill Blvd 35 5. Banyan St. from Beryl St. to London Ave. 35 6. Banyan St. from west City Limits to Beryl St. 40 7. Base Line Rd. - west City 17m1 is to Carnelian St. 45 B. Base Line Rd. - Carnelian St. to Hermosa Ave. 40 9. Base Line Rd. - Hermosa Ave. to Spruce Ave. 45 10. Beryl St. - Banyan St. to end 45 I1. Beryl St. - 800' N/o Lemon Ave. to Banyan St. 40 12. Canistel Ave. - Wilson Ave. to Antietam Dr. ~35 13. Carnelian St. - Vlneya rd Ave. to end 45 IDb SPEED LIMIT ORDINANCE FEBRDARY 19, 1992 PAGE 2 Deciared Prima Facie Nama of Street or Portion Affected Speed Limit (MPH) 14. Center Ave. -Foothill Blvd. to Church St. 40 15. Church St. Archibald Ave. to Elm St. 40 16. East Ave. - Base Line Rd. to Highland Ave. 45 11. 8th St. - Grove Avz. to Haven Ave. 45 18. Etiwanda Ave. - Foothill Blvd.. to Summit Ave. 45 19. Fairmont Dr. - Milliken Ave. to east end 35 20. Fredrickshurg Ave. - Banyan St. to Seven Pines Dr. 35 21. Grove Ave. - 8th St. to Foothill Blvd. 4D 22. Haven Ave. - 4th St. to Wilson Ave. 45 23. Hellman Ave. -Foothill Blvd.. to Alta Loma Dr. 35 24. Hellman Ave. - 500' N/o Manzanlta Dr. to Valley View 40 25. Hellman Ave. - 6th St. to Foothill Blvd. 45 26. Hermosa Ave. - Base Line Rd. to Wilson Ave. 45 21. Hermosa Ave. - Wilson Ave. to Sun Valley Dr. 40 28. Hermosa Ave. - 8th St. to Base Line Rd. 45 29. Highland Ave. - Sapphire St. to Carnelian St. 40 30- Highland Ave- - Amethyst St. to Hermosa Ave. 35 31. Highland Ave. - Hermosa Ave. to 800' W/o Haven Ave. 45 32. Hillside Rd. -Ranch Gate to Amethyst St. 35 33. Hillside Rd. - Amethyst St. to Haven Ave. 40 34. Hillside Rd. -Haven Ave. to Ca nistel Ave. 35 35. Lemon Ave. -Jasper St. to Beryl St. 35 36. Lemon Ave. - Archibald Ave. to Haven Ave. 40 37. Lemon Ave. - Naven Ave. to Highland Ave. 40 38. Manzanita Dr. - Hermosa Ave. to Haven Ave. 35 39. Mountain View Dr. - Spruce Ave. to Milliken Ave. 40 40. 9th St. - Baker Ave. to Archibald Ave. 40 41. Red Hill Country Club Dr. -Foothill Blvd. to Alta Cuesta 35 42. Rochester Ave. - Foothill Blvd. to Base Line Rd 40 43. San Bernardino Rd. - Vineyar4 Ave. to Archibald Ave 35 44. Sapphire St. -Banyan St. to end 45 45. Sapphire St. - 19th St. to Lenan Ave. 40 46. 7th St. - Hellman Ave. to Archibald Rve. 45 47. Spruce Ave. -Foothill Blvd. to Base Line Rd. 40 48. Terra Vista Parkway -Church St. to Bel pi ne P1. 40 49. Victoria St. -Archibald Ave. to Ramona Ave. 35 50. Victoria St. -Etiwanda Ave. to Rt- 15 40 51. Victoria St. -Haven Ave. to Mendocino P1. 40 52. Victoria Park Ln. - Fairmont Way to Base Line Rd. 35 53. Victoria Windrows Loop (north d south) 35 54. Vineyard Ave. - Church St. to Base Line Rd. 40 55. Vineyard Ave. - 8th St. to Carnelian Ave. 45 56. Vintage Dr. - Milliken Ave. to east end 35 57. Whittram Ave. - Etiwanda Ave. to east City limits 40 58. Nilson Ave. -Amethyst Ave. to Haven Ave. 45 59. Wilson Ave. -Haven Ave. to 200' east of Canlstel Ave. 40 (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (19781. Rancho Cucamonga 5/82 124 X09 SPEED LIMIT ORDINANCE FEBRUARY 19, 1992 PAOE 3 (i) Both sixty-five (65) miles per hour and fifty-five (59) miles per hour are speeds which are more than are reasonable or safe; and are most appropriate itos fecllitatea the ao rderly movements ofa traffic da nd ha re speed limits which are reasonable and safe on said streets or portions thereof; and (iii) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and install appropriate igns fupo ns aid streets givingunoti cee of athe pirima facie speed limit declared herein. Section 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 3 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Dail Bulletin, a newspaper of general circulation published n ie y o n ar o, alifornia, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED th?s 19th day of February 1992. AYES: NOES: ABSENT: ATTEST: enn s ou ayor e ra ams, y er California, doEhereby ceDttlfy thatYthe Eforegoing Ordinance was int oduced ataa regular meeting of the Council of the City of Rancho Cucamonga held on the 19th day of February 1992, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 4th day of March 1992. Executed this 5th day of March 1992, at Rancho Cucamonga, California. e ra ams~i~y C eT rcl- llb -- --- ----- CITY OF RANCHO CCCAMONUA ~~casr0 STAFF REPORT ~~'" ~ '`~~y. j ~ ^. Date: February 19, 1992 d ~~ ~ `'_ - ~ ~ ~_ To: MAYOR AND MEMBERS OF THE CITY COUNCIL _ z - ~ z ~~~~(]]]j _ __ __ _> From: BRUCE ZEINER, CHIEF OP POLICE .~~~--1 la--~ By: JOB HENRY, LIEUTENANT / SUBJECT: BICYCLE PATROL We are currently proceeding with a transition from traditional type law enforcement to the new concept of Solution Oriented Policing (s.O.P.). As part of the approach, we recommend utilizing a bicycle patrol. We experimented with one such unit and utilized it at several shopping centers in the city. Much positive feedback was received from the citizens and it appears to be a viable program that can be effectively used in this city, both as a public interaction tool as well as a crime suppression/prevention means. I propose that the establishment of a "Bicycle Patrol Unit" would dovetail nicely with the S.O.P, concept. A good example of uses for the bicycle patrol in conjunction with S.O.P. would be in shopping centers, apartment complexes, and mobile home parks. The high visibility of a bicycle patrol unit would allow us to provide enhanced enforcement as well as direct contact with shop owners, customers, and local residents. We have already taken the initial steps of looking into the formation of a Bicycle eatrol Unit. There would not be a need for additional manpower as the unit would be manned by our reserve personnel with sworn officers as coordinators and team leaders. We have already had a number of reserves volunteer for the program and a certified training course (at no cost) can be set up by about the end of February. The primary cost for the establishment of this unit would be the bicycles and related equipment and the uniforms for the personnel. Other units which are already established have suggested that a minimum of six (6) bicycles be obtained. We concur with this assessment and also feel that uniforms for a minimum of twelve (12) officers be purchased (allows for rotation of personnel). We have been in contact with bicycle and equipment suppliers and have determined that equipment can be available within one (1) week of purchase. Attached you will find a breakdown sheet Page Two February 19, 1992 BICYCLE PATROL (Attachment A) that lists the cost of an individual bicycle, related bicycle equipment and the cost of a uniform for an officer. To establish the initial unit, I propose that we purchase the following: 1. Six (6) bicycles and equipment ..................$4,800 2. Twelve (12) sets of uniforms .....................2,484 3. Operating contingency fund .......................1,000 -~ r ~~~ I feel that this program would be highly beneficial to the citizens of Rancho Cucamonga and would be a tremendous tool to and for law enforcement. Due to the nature of the unit, I feel it falls within the guidelines which apply to asset seizure and, therefore, request that the equipment be purchased with asset seizure funds. BZ/JH 1lZ COST BRHAEDpWN SBEET 1. BICYCL6........21 speed mountain model Included equipment: 1. Dual sunlight (headlight) with 4 1/2 hour battery. 2. On board bike computer. 3. Luggage rack and porch. 4. Front and rear emergency light. 5. Special street tires. 6. Tire liners and heavy duty tubes. 7. Two (2) water bottle racks and bottles (1 bottle holds battery). 8. Toe straps and pedal cages. 9. Safety helmet/One (1) year service/Lifetime Diagnostic checks. TOTAL COST PER BICYCLE: $800.00 2. UNIFOR175 AND EQUIPMENT (1 OFFICER) 1. Full nylon web Sam Brown, holster, cuff case, H.T. holder and baton ring.......$150/ea. 2. Police bicycle riding shorts............$3C/ea. 3. White polo shirt ........................$20/ea. 4. Patches and screen printing (on back of shirt "?olice") .......................... $7/ea. TOTAL COST ONE SET: $207.00 113 ------ - - -.- Cl1']' OF RAK('Hn C'l'('AA9(J1~GA STAFF REPORT ri '~'~ , ~ ~_ * ~-,k~ DATE: February 19, 1992 ~'~ TQ Mayor and Members of the City Council it FROM: Duane A. Baker, Assistant to the City Manager SUBJF•.CT: Discussion of Mayor's Term of Office ~~, On July 5, 1984 the City Council adopted a resolution calling for a ballot measure for the purpose of determining whether or not the Mayor should be a directly elected position and for a two or four year term. In November 1984, the electorate voted to have a directly elected mayor in Rancho Cucamonga and further that the term for the office of Mayor be for two years. Any changes [o the curtent provision for a two year term of office, per Government Code Section 34900, the City Council may place a measure before the voters at any general municipal election or special election called for this specific purpose asking whether the Mayor shall serve a two year or four year term. For this process to take place, the Council must approve a resolution calling (or the election at least 120 days prior [o the date of the election; publishing a "Notice of Last Day to File Arguments" at Icast 98 days prior to the election; publishing a "Notice of Election" 90 to 120 days prior to the clcction; allowing primary arguments for and against the measure 1o he filed 9l days prior to the clcction; allowing rebuttal arguments to be filed g4 days prior to the clcction. If it wcr^, requested that this measure be prepared for the November 1992 General Election, the resolution calling (or the election must be adopted prior to July 6, 1992. The "Notice of Last Day to File Arguments" must be submitted prior to July 28, 1992. The "Notice of Election" must be published anytime during the period from July 6 to August 5, 1992. Primary arguments must be filed by August 4, 1992 and mbuttal arguments filed prior to August 11, 1992. This mcasurc, if placed on the ballot in Novcmbcr 1992, would cost approximately 55,000 to 56,000. This mcasurc, if placed nn the ballot and adopted by the electorate in Novcmbcr 1992, would not take effect un.il the General Municipal Election to be Geld in Novcmbcr 1994, This information is submitted for your cgnsideration. ~~U 2hF Ily~ hmi/J~GL/9f DAB/dab ~~~~ crr5~ of a:~xc'llcl cl c:~~l~`c:~ MEMOKANDUM ,/ >~~ ~--~ DATE: February 18, 1992 'J , T0: Jac't lam, AICP, City tqa pager _~ J FROM: William J. O'Neil, City Engineer-~~ ~ SUBJECT: REMOVAL OF CI iY COUNCIL ITEM D-11 FROM THE FEBRUARY 19, 1992 AGENDA - APPROVAL CF AM AGREEMENT FOR ACQUISITION CF SECURITY, AND DEPOSIT FOR LARK DRIVE BETA'E EN IT'S EASTERLY TE Rh1I NUS ANG ROCHESTER AVENUE STREET RIGHTS-OF=d AY SUBMITTED BY THE WILLIAM LYON COMPANY. Pi ease remove item D-11 from the City Council Agenda of February 19, 1992, Aporov al of an Acreement for Acquisition of Security, and Deposit for Lark Drive between it's easterly terminus and Rochester Avenue Street rights-of-way, submitted by the William Lyon Company. The reason for removing this item is due to The William Lyon Company requesting revisions to the agreement. The revisions were not received by us until February 18, 1992 and our attorney has not had a chance to review Lhe agreement. WJ O:dIw CITY OF RANCHO CUCAMONGA "r MEMORANDUM ~~`" 1 DATE: February 18, 1992 '! 3 T0: Mayor and Members of the City Council ~~ Jack Lam, AICP, City Manager ~ FROM: Rick Gomez, Community Development Oi rector ~~~' BY: William J. O'Neil, City Engineer SUBJECT: FOOTHILL BOULEVARD CLOSURE U On February 18, 1992, Engineering 6i vision received two phone calls from a John Gurney who lives at 12929 Chestnut Avenue, Rancho Cucamonga. Mr. Gurney was extremely upset about the closure of Foothill Boulevard on Saturday and its continual closure until Tuesday. The City Engineer called Mr. Gurney the morning of the 18th and explained to him the closure on Saturday was a decision made 1n the EOC 6y the officials present both in the EOC and in the field, including representatives from Community Development, Cal trans, County Flood Control, Ham Brothers (the contractor constructing the Day Creek project) and the Police Department. The decision to close the street was based on the fact the water was overfl owing the lanes on the street depositing mud and the officials on the scene were convinced the road was impassible. additionally, with the prediction of mare rainfall, 1t was determined by all working on this project the street should be closed. The closure was 1n effect until officials from all the agencies involved, again including Community Development, Cal trans, County Flood Control, Ham brothers and the Police Department had a chance to review the situation to ensure the structural stability of the facilities currently 1n pTace. Once this determination was made that in fact the facilities were suitable for opening the street, the street was opened as of 11:00 on Tuesday morning. Mr. Gurney seemed satisfied when contacted by the City Engineer on Tuesday morning, however 1n his phone messages he did indicate he was going to appear at the City Council meeting and was highly critical of the decision to close the highway. In summation the City Engineer explained to him that the street was closed due to safety considerations and in our estimation it was better Lo 6e certain it was passible rather than open it prematurely which could result in injury or worse to someone using the street. RG:JO:dlw ELECTION SECTION 5. The proposition related ;o the levy of vhe special tax shall he submitted to the qualif ietl electors of the annexed territory, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns witt:io said annexed territory. The special election shall be need on the 2CTM DAY OF MAY, 1992, or such earlier date unanimously agreetl to by said electors and the Election 0£f icial as evidenced by the dated ballots, and said elect io r. shall be a spec ia_ mailed balk- election to be conducted by the Secretary of the 2oa rd o` Directors (hereinafter "Election Official"). If the proposition fcr th.e levy of tits special tax receives the approval or more than tuo-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for ir. the Resolution of Intention to Annex. BALLOT SECTION 6. Tnat the ballot propoe al to be submitted to the quaff led vote re at the electron shall generally be as fellows: PROPOSITION A RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HELLO--RODS COMMVNITY FACILITIES DISTRICT NO. ES-1, ANNEXATION NO. 9Z-i, AVTHORIZA- :'ION FOR SPECIAL TAX LEVY Shall Mello -ft ooa Conmupity Fecilit lee District No. 85-1, Rancho Cucamonga Fire Protection District, be authorized to levy the Spec ial taxes specified below on properties within the boundariee of I, Annexat io [. No. A2-1 to (a) pay for authorized YES ~, pubis fac:.[[t res and public se n•yces and; or any ~~~ au'hon zed and rseued bonded rode btedness, and (bi '~, I -n modify the Article Y.IIIB appropn at:ons 1rm;t 'I NO '. j for Mello-Roos Communrt }' Facilit rea Dietr ict No. ~ BS-1 to equal the maxrmum nut horized special taxes whrch may be leveed rn any fiscal year rt'. Mello-Roos Communrty Fac ;:laree Drstrict No. 85-:, ins lud;ne the terr rt ory within Annexatron Ne. 97.-1 theret o~ y 1