HomeMy WebLinkAbout1992/08/19 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
August 19, 1992
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
ttt
City Councilmembers
Dennis L. Stout, Mayor
William J. Alexander, Councilmember
Charles J. Buquet, Councilmember
Diane Williams, Councilmember
Pamela J. Wright, Councilmember
ttt
Jack Lam, City Manager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989 -1851
0 City Council Agenda
PAGE
August 18, 1992
1
All items submitted for the City Council Agenda must be in
writing. The deadline for submitting these Items is 5:00
p.m. on the Wednesday prior to the meeting. The City Clerk's
Office receives all such Items.
A. CALL TO ORDER
1. RoliCall: &xluet_, Alexander_, Stout_,
Williams _, and Wright —
B. ANNOUNCEMENTS /PRESENTATIONS
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously Included on the Aganda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar Items are expected to be
routine and non - controversial. They will be acted upon by
the Council at one time without discussion. Any item may be
removed by a Councllmember or member of the audience for
discussion.
1. Approval of Minutes: July 15,1992
2. Approval of Warrants, Register Nos. 7/29/92 (FY 91/92), 7/29/92 (FY
1
92/93), 8/5/92 (FY 91/92), and 8/5/92 (FY 92/93): and Payroll ending
7/30/92 for the total amount of $ 1 A93,900.23,
3. Approval to receive and file current Investment Schedule as of
11
July 31, 1992.
4, Approval to Change the Day and Time of the Regular Historic
15
Preservation Commission Meetings.
City Council Agenda
PAGE
August 18, 1992
2
RESOLUTION NO. 92 -224
18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CHANGING
THE DAY AND TIME FOR THE REGULAR MEETINGS OF
THE HISTORIC PRESERVATION COMMISSION
5.
Approval to Designate City Representative and Alternate
19
Representative for the California Municipal Insurance Authority
(CMIA) Board of Directors.
RESOLUTION NO. 92 -225
20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPOINTING
A REPRESENTATIVE AND ALTERNATE
REPRESENTATIVE TO THE CALIFORNIA MUNICIPAL
INSURANCE AUTHORITY BOARD OF DIRECTORS
6.
Approval to adopt Annual Statement of Investment Policy.
21
7.
Approval of a Resolution outhoruing the defeasonce of certain
24
obligations of the City of Rancho Cucamonga (CO 92 -057) with a
portion of the proceeds from the Rancho Cucamonga
Redevelopment Agency's 1990 Tax Allocation Bonds.
RESOLUTION NO. 92 -226
25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
AND AUTHORIZING THE DEFEASANCE OF ITS
OBLIGATIONS WITH RESPECT TO CALIFORNIA CITIES
FINANCING CORPORATICMS $6,390,0(0.00
CERTIFICATES OF PARTICIPATION, 1988 SERIES B
WITH A PORTION OF THE PROCEEDS OF THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCYS 1990 TAX
ALLOCATION BONDS AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN ESCROW
AGREEMENT AND OTHER MATTERS PERTAINING
THERETO
8.
Approval to execute an agreement (CO 92 -058) for HVAC service
38
for the Civic Center and Public Safety Facility with Robertshow,
Incorporated for FY 1992/93 in the amount of $22,130.00 to be
funded from Account No. 01 - 4245 -6028
Q,
Approval to authorize the Mayor to execute the Proposal (CO 92-
39
059) from Terry Wolfe of Terry's Fireplace to purchase bulk
wastewood from the City of Rancho Cucamonga,
0 City Council Agenda
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August 18, 1992
3
10. Approval to award and author¢alion to execute contract (CO 92-
41
060) for the construction of Traffic Signals and Safety Lighting at
Vineyard Avenue at Arrow Route, to Mocadee Electrical
Construction for the amount of $72208.00 ($65b44.00 plus loin c
contingency), to be funded from TDA Article 8 Fund Account No.
12-0637 -9102.
11. Approval to execute Contract Change Order No. 3 (CO 89-001) to
43
the Professional Services Agreement with Parsons, Brinkerhoff,
Quaid and Douglas, Incorporated for Design Changes and
Additional Designs, Interstate 15 and Foothill Boulevard
Interchange Modification, Account No. 16- 50300.
12. Approval to execute agreements for the Installation of Street
45
Improvements and Dedication of Easements near Arrow Route
and Rochester Avenue. for the following properties, L.S.H., Masi,
Southern California Edison and Lewis Homes.
RESOLUTION NO 92 -227
47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
DEDICATION OF EASEMENTS FROM LEWIS HOMES
MANAGEMENT CORPORATION, L.S.H.
DEVELOPMENT CORPORATION, MASI COMMERCE
CENTER PARTNERS, AND SOUTHERN CALIFORNIA
EDISON COMPANY
13. Approval to execute Improvement Agreement Extension for
48
Tract 12332 -2, located on the southeast comer of Haven Avenue
and Tockstem Place, submitted by M.J. Brock.
RESOLUTION NO 92-228
50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 12332 -2
E. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time
of first reading. Second readings are expected to be routine
and non - controversial. They will be acted upon by the
Council at one time without discussion. The City Clerk will
read the title. Any item can be removed for discussion.
PAGE
City Council Agenda
August 18, 1992
4
L CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND
DEVELOPMENT DISTRICT AM NDM M 89 -07 - SOUTHWEST DESIGN
GROUP - A request to amend the Development Districts Map from
Low-Medium Residential (4 -8 dwelling units per acre) to Medium
Residential (8 -14 dwelling units per acre) for five acres of land
located on the north side of Base Line Road, west of Alta Cuesta
Drive - APN: 202 - 02501, 04, 07, 08, 12, 13, and 14. Related Files:
Tentative Tract 14208 and Tree Removal Permit 91-40.
ORDINANCE NO. 499 (second reading)
51
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CAUFORNIA, APPROVING
DEVELOPMENT DISTRICT AMENDMENT NO. 89 -07,
AMENDING THE DEVELOPMENT DISTRICTS MAP
FROM "LM' (LOW- MEDIUM RESIDENTIAL, 4 -8
DWELLING UNITS PER ACRE) TO "M" (MEDIUM
RESIDENTIAL, 8 -14 DWELLING UNITS PER ACRE) FOR
FIVE ACRES OF LAND LOCATED ON THE NORTH SIDE
OF BASE LINE ROAD. WEST OF ALTA CUESFA DRIVE -
APN: 202 - 02501, 04, 07, 08, 12, 13, AND 14, AND
MAKING FINDINGS IN SUPPORT THEREOF
2. CONSIDERATION TO AMEND CHAPTER 3.08 OF THE RANCHO
54
CUCAMONGA M 1NI IPAL CODE TO ALLOW COMPETITIVE
NEGOTIATION
ORDINANCE NO SOD (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
SECTION 3.08.090 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE BY ADDING A NEW SUBSECTION
3.08.090 (F) PERTAINING TO PURCHASES BY
COMPETITIVE NEGOTIATION
3. CONSIDERATION TO ADOPT AN ORDINANCE AMENDING CITY CODE
55
SECTION 10.52020 PERTAINING TO LIMITED TIME PARKING. ZONES TO
PROVIDE FOR THE PLACEMENT OF SIGNS TO DEFINE ZONES AS AN
OPTION TO PAINTING CURBS
ORDINANCE NO. 39 -0 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
SECTION 10.52,020 OF THE RANCHO CUCAMONGA
CITY CODE REGARDING LIMITED TIME PARKING ON
CERTAIN CITY STREETS
PAGE
0 City Council Agenda
August 18, 1992
5
F. ADVERTISED PUBLIC HEARINGS
The following Items have been advertised and /or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
1. CONSIDERATION OF MODIFICATION TO CONDITIONAL USE PERMIT
56
85-04 - CIIY OF RANCHO AMON A /ETIWANDA HISTORI .A
SOCIETY - A request to construct a 2,500 square foot bom on the
Chaffey- Garcia site to be used as a museum and caretaker's
residence on a 1 -acre site in the Low - Medium Residential
designation (4 -8 dwelling units per acre) of the Victoria Planned
Community, located on the west side of Etiwanda Avenue, north
of Base Line Road - APN: 227 - 513-05.
RESOLUTION NO. 92-229
69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
A MODIFICATION TO CONDITIONAL USE PERMIT NO.
85-04, TO CONSTRUCT A 2,500 SQUARE FOOT BARN
ON THE CHAFFEY- GARCIA SITE TO BE USED AS A
MUSEUM AND CARETAKERS RESIDENCE ON A 1-
ACRE PARCEL IN THE LOW- MEDIUM RESIDEN71AL (4-8
DWELLING UNITS PER ACRE) DISTRICT OF THE
VICTORIA PLANNED COMMUNITY, LOCATED ON THE
WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE
UNE ROAD -APN: 227 -613-05
2. CONSIDERATION OF APPEAL OF CONDIT10NAL USE PERMIT 91-24
79
AND TENTATIVE PARCEL MAP TENTATIVE PARCEL MAP 1'�S - MASI- MASI - An appeal of certain
Engineering and Planning Division Conditions of approval for
Conditional Use Permit 91 -24, the development of 32 buildings
totaling approximately 268,907 square feet and comprised of a
mix of Industrial, multi- tenant, office and restaurant uses, and
Tentative Parcel Map 13845. a subdivision of 30.2 acres of land into
31 parcels in the Industrial Park District (Subarea 7) of the Industrial
Area Specific Plan, located of the southwest comer of Foothill
Boulevard and Rochester Avenue - APN: 229-011-10,19,21,26,27,
and 28.
PAGE
City Council Agenda
August 18, 1992
B
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive
public testimony.
1. CONSIDERATION OF AN QRI)INANCE ESTABLISHING RFCUI AjjnNq
189
AND PERMIT RFR IIRFMFNU FOR TAXICAB SERVICE (Continued
horn August 5, 1992)
ORDINANCE NO, 501 (first reading)
190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING
TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL
CODE BY ADDING A NEW CHAPTER 8,30 ENTITLED
'TAXICAB SERVICE,' THEREIN fEGU'_ATING AND
PERMITTING THE OPERATION OF TAXIS
H. CITY MANAGER'S STAFF REPORTS
The following items do not legally require any public
testimony, although the Chair may open the meeting for
public Input.
i. ICrc
I. COUNCIL BUSINESS
The following Items have been requested by the City Council
for discussion. They are not public hearing Items, although
the Chair may open the meeting for public Input.
No items Submitted.
J. IDENTIFICATION OE ITEMS FOR NEX_ T MEETING
This is the time for City Council to identify the items they
wish to discuss at the next meeting. These Items will not be
discussed at this meeting, only Identified for the next
meeting.
0 City Council Agenda
PAGE
August 18, 1992
7
K. COMMUNICATIONS vane THE PURL IC
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any Issue not previously Included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to rive
minutes per individual.
L. ADJOURNMENT
MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSSION
PENDING LITIGATION WOOD V. CITY OF RANCHO CUCAMONGA.
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate copy of the foregoing agenda was posted on
August 13, 1992, seventy -two (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
0 City Council Agenda
PAGE
August 19, 1992
7
All Items submitted for the City Council Agenda must be in
writing. The deadline for submitting these Items is 5:00
p.m. on the Wednesday prior to the meeting. The City Clerk's
Office receives all such Items.
ADDENDUM NO. 1 CONSENT CALENDAR
7. Approval to reject all bids as non - responsive and authorize the
re- advertising of the "Notice Inviting Bids" for the Haven Avenue
Rehabilitation and Widening from Fourth Street to Foothill
Boulevard, to be funded from Systems Fund, Account No. 22-
4637 -8936 and Federal Aid Urban (F.A.U.) Fund, Account
Number 24- 4637 -8838.
RESOLUTION NO. 92 -230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE "HAVEN
AVENUE REHABILITATION AND WIDENING, FROM
FOURTH STREET TO FOOTHILL BOULEVARD ", IN
SAID CITY AND AUTHORIZING AND DIRECTING THE
CITY CLERK TO ADVERTISE TO RECEIVE BIDS
L ADJOURNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate Copy Of the foregoing agenda was posted
on August 13, 1992. seventy -two (72) hours prior to the meeting per
Government Code 54953 al 10500 Civic Center Drive.
July 15, 1992
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
A regular meeting of the Rancho Cucamonga City Council was hold on Wednesday, July 15, 1992, in the City
Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California The
meeting was called in order at 7:45 p.m. by Mayor Dennis L. Stout
Present were Councilmembers: William J. Alexander, Charles 1. Bugnet 11, Diane Williams, Pamela J. Wright, and
Mayor Dennis L. SmeL
Also present were: Jack Lam, City Manager, James Markman, City Attorney; Linda D. Daniels, Deputy City
Manager; Jerry B. Fulwood, Deputy City Manager; Rick Gomez, Community Development Director, Brad Buffer,
City Planner, Nancy Fong, Sr. Planner, Richard Alcorn, Code Enforcement Supervisor, Joe O'Neil, City Engineer;
Mike Olivier, Sr, Civil Engineer; Monte Prescher, Public Works Engineer, Jim Bart, Administrative Services
Director; Ingrid Blair, GIS Supervisor, Duane Baker, Assistant to the City Manager, Diane O'Neal, Management
Analyst 11; Susan Mickey, Management Analyst 1; Chief Dennis Michael, Rancho Cucamonga Fire Protection
Disuict; and Debut J. Adams, City Clerk.
No announcements a presentations were made.
MtVO }♦
C- COMMUNICATIONS FROM THE PUBLIC
No announcemenLS or presentations were made.
Jack Lam, City Manager, announced there was a corrected account number for him D8, and stated it should read 10.
4637 -9110.
DI. Approval of Minutes: June 3, 1992
June 4, 1992
June 17,1992
June 18, 1992
June 30, 1992
July 1, 1992
City Council Minutes
July 15, 1992
Page 2
D2, Approval of Warrants, Register Nos. 7/1/92 (FY 91-92), 7/1/92 (FY 92 -93), 7/8192 (FY 91- 92),and 7/8/92
(FY 92 -93); and Payroll ending 6/18/92 for the total amount of $3,280,268.85.
D3. Adoption of Measure I five -year capital improvement program and twenty -year transportation plan as
requested by SANBAG to provide a public record of the intended use of local Measure I funds.
RESOLUTION NO. 02-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE FIVE -YEAR CAPITAL
IMPROVEMENT PROGRAM AND TWENTY -YEAR TRANSPORTATION PLAN
FOR THE EXPENDITURE OF MEASURE I FUNDS
134. Approval to amend revised revenue and expenditures for Community Services for Fiscal Year 1991/92,
D5. Approval m appropriate a total of $1,008,000 from Reserve Fund (94- 3901 -7901) ($382,690.04) and
Redemption Fund (93 -3901 -7905 ($625,309.96) to the Redemption Fund (94 4130 -7920) to call bonds within A.D.
82 -IR (6th Street Industrial District) and a total of 5169,950 from Reserve Fund (97- 3901 -7901) ($54,372.85)
($116,611.57) to call bonds within A.D. 86 -2 (Rancho Cucamonga Drainage).
D6. Approval of Contract (CO 92 -040) for the collection of special assessments between the City of Rancho
Cucamonga and the Auditor/Controller- Recorder, County of San Bernardino.
D7. Approval to execute contracts for Computer Hardware and Software Maintenance with NBI, Inc. (CO 92-
041) in the amount of $15,470, Prime Computer (CO 92 -042) in the amount of $36,100, and Wcstek Computer
Services (Co 92 -043) in the amount of $47,100.00, to be funded from Contract Services Account Number Old 159-
6028 for Fiscal Year 1992/93.
D8. Approval to execute Professional Services Agreement (CO 92 -044) with Pavement Management System,
Inc. for the preparation of a pavement management system for the entire City including the curb, gutter and sidewalk
inventory. The cost of .515,730 ($14,300 plus 10% contingency) will be funded from account number 32 -4637-
9110.
D9. Approval to accept Improvements, Release of Bonds and file a Notice of Completion for Tract 13664,
located on the cast side of Haven Avenuo north of Church Street.
Release: Faithful Performance Bond(Strect) $140,000.00
Accept: Maintenance Guarantee Bond (Street) $14,000.00
RESOLUTION NO, 92 -214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
TRACT 13664 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION
FOR THE WORK
D10. Approval to release Labor and Material Bond for DR 90 -05, located on the northeast comer of Heilman
Avenue and 9th Street.
Release: tabor and Material Bond (Street) $165,000.00
City Council Minutes
July 15, 1992
Page 3
Dl 1. Approval to release Maintenance Guarantee Bond for Tract 12671 - traffic signal located a the intersection
of Milliken Avenue and Base Line Road.
Release: Maintenance Guarantee Bond
$10,000.00
D12. Approval to release Maintenance Guarantee Bond for Tract 13444, located on the southeast come, of
Fairmont Way and Milliken Avenue.
Release: Maintenance Guarantee Bond (Sow)
$50,612.00
D13. Approval to accept Banyan Street and Milliken Avenue street improveanents and parkway and median
landscaping master planned storm drain, Tracts 13748, 13857 and 13858, and authorize the City Engineer w file a
Notice of Completion. Also, acceptance of substitution bonds for interior tract improvements and release of existing
bonds for Tracts 13748, 13857 and 13858, located on the southwest comer of Milliken Avenue and Banyan Street.
Rele35C; Faithful Performame Bond - Tract 13748
$ 106,000.00
(Interior tract improvements - Brock Homes)
Faithful Performance Bond - Tract 13857
$94,000.00
(Interim tract improvements - Brock Homes)
Faithful Performance Bond - Tract 13858
$98,000.00
(interior tract improvements - Brock Homes)
Faithful Performance Bond - Tract 13748, 13857, 13858
$1,093,000.00
Unfrastructure - Brock Homes)
Acceoc Faithful Pcrformancc Bond - Tract 13748
$344,000.00
(interior tract improvements - Griffin Homes)
Faithful Performance Bond - Tract 13857
$228,466.00
(interior net improvements - Brock Homes)
Faithful Performance Bond - Tract 13858
$262,739.00
(Interior tract improvements - Brock Homes)
Maintenance Guarmee Bond
$150,240.00
(Milliken, Banyan Landscaping, Storm Dram, Brock Homes)
RESOLUTION NO. 92 -215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
MILLIKEN AVENUE, BANYAN STRnET, AND THE LANDSCAPING AND STORM
DRAIN ASSOCIATED WITH TRACTS 13748, 13857 AND 13858 AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by W right, seconded by Buquet to approve the Consent Calendar as corrected. Motion carried
unanimously, 5.0.
City Council Minutes
July 15, 1992
Page 4
No items were submitted.
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Fl. CQNSIDERAMN OF AN APPEAL RJR DR 91 -15 MONARCH FOODS - An appeal of the
Planning Commission's decision to require the addition of tiles to the dome element for Shakey's restaurant located
in the Term Vista Town Center - APN: 1077 -021 -76. Staff report presented by Nancy Fong, Sr. Planner.
Mayor Stout opened the meeting for public hearing. Addressing the City Council were:
Miles Berger, architect for Shakey's, reported on the design goals for the project. He continued to go
through the history of meetings and the approval process for this project, He stated he felt there were
alternatives other than tiling the dome. He did not feel it met the design for the rest of the Terra Vista
Town Center. He added they liked the hip roof the best and felt it would best fit in the design for the rest
of the City.
Mike lansley, Lewis Homes, felt something should be done so this would 6t in with the design of the
rest of the center. He stated he did not want m have a dome at all and did not plan to have any more
within the center. He stated they liked the hip element.
There being no fuller response, the public hearing was closed.
Councilmembers Williams and Wright stated they felt the dome was ugly.
RESOLUTION NO. 92-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, UPHOLDING THE APPEAL AND REVERSING THE
PLANNING COMMISSION'S DECISION TO REQUIRE CERAMIC TILE FOR THE
DOME ELEMENT FOR SHAKEY'S RESTAURANT (DEVELOPMENT REVIEW NO.
91 -15), LOCATED IN THE TERRA VISTA TOWN CENTER, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077421-76
RESOLUTION NO. 92-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO REQUIRE CERAMIC TILE FOR THE
DOME ELEMENT FOR SHAKEY'S RESTAURANT ( DEVELOPMIENT REVIEW NO.
91 -15), LOCATED IN THE TERRA VISTA TOWN CENTER, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 1077421 -76
MOTION: Moved by Smut, seconded by Wright to adopt Resoludon No. 92 -216 by modifying it to include the hip
clement. Motion carried unanimously, 5.0. (There was no acdon taken on Resolution No. 92 -217)
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No items were submitted.
No items were submitted.
No items were submitted.
(1, PUBLIC HEARINGS
rrrrr•
H. CITY MANAGER'S STAFF REPORTS
•rrrr•
L COUNCIL BUSINESS
♦rr.rr
No items were identified for the next meeting.
No communication was made from the public.
•r♦rr rr
•.♦rrr
City Council Minutes
July 15, 1992
Page 5
MOTION: Moved by Alexander, seconded by Buquet to adjourn to a joint meeting with the Public Safety
Commission to be held on July 22, 7:00 p.m. in the Rains Conference Room, 10500 Civic Center Drive. Motion
carried unanimously, 5 -0. The meeting adjourned at 8:04 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approved:
ClIY OF i :NO CUCAMONGA
LIST OF WARRANTS
FDA PERIOD. 07 -29 -92 (91/92)
RUN DATE: 07129/92 PAGE: I
..... e...........uo...................................... ....... ......................... v........... a.. .....................
VENDON NAME ITEM DESCRIPTION WARR MD WARR. AMT.
................... .............. u........a.....u....... u...... u....... u......u...au.....u.. u..........................
$0 CMECK6
6922 BHAGAT. NEN6 REFUND CLASS 66060 ACT 1100657
CC< 61579 -
3054 STATE OF CALIFORNIA USER FLEL TAI FOR FT 91292
922 BEST PRODUCTS COLOR NONLIGR /RECEIVER L 2 VCR,S
A<< 69111 -
962
26
393
33
6922
1338
6960
6961
6962
4963
6965
74
130
6967
3269
85
2312
1962
9126
696
9126
9132
20
91
9125
6653
6999
3567
1179
9129
9129
9135
9136
3426
124
9 139
$139
3475
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3.52
9123
9813
9021
1611
119
A T L I
ASSOCIATEO ENGINEERS
AUSTIN -FOUST ASSOCIATES. INC
BASELINE TRUE VALUE HARDWARE
BHAGAT. NEHA
SIG A AUTO PARTS
BLASINGAPE. PMT
SLATY. CHRISTINE
BORCNEROT. DEMIGHT
AROTHERTON. BRETT
CHAD. ANGELA
CITY RENTALS
CUNFUTEs SERVICE CO
CRAWFORD. PARC
CRUSH MASTER ASPHALT
CUCAMONGA CO WATER DIST
O.A.R.E. AMERICA
OURA ART STONE
FELL. 9I0MENLY
FILAMENT PRO AUDIO
GABRIEL GROUP
GALE. PATRICK
GENERAL CONSOLIDATED CONST.
GENERAL PIERO SYSTEMS INC.
.GENTRY. DONALD A.
GONZALES. JOHN
GOULD PUBLICATIONS
GREENWOOD -$ UNIFORMS
NADALSKI. DANIA
HADALSKI. PARK
MAIOI. GAIL
NAM. SUSAMA
HARMS. ELIZA E.
MAYEM PLAIN MEDICAL GROUP
HATNES. SANONA
HODGE. NR. 34ADLET E.
HULL L ASSOCIATES. INC.. BRUCE M
MEORO -SCAPE PRODUCTS, INC
INDUSTRIAL ASPHALT
INTRAVAIA ROCK L SAND
J.C.C. DEVELOPMENT
JEWEL DEVELOPMENT
JULIANA CO.
KERRY CONSULTING GROUP
.INC. L.D.
716 - 321 - 3350 -0
ARNOM RTE BRIDGE R CUCAMONGA CR
CONTRACT SERVICE 6/1- 6/30 -92
DUCT TAPE
REFUND CLASS 06060 ECT 8100657
OIL. FUEL L AIR FILTERS
SWIM REFUND DIVI AS ACT 0634
REFUND CLASS 62062 ACT $101579
SWIM REFUND PIT $140 III
REFUND CLASS 85012 OCT 6100311
SHIM REFUND LEG 6100 III
RENTAL OF TRACTOR L ROTARY MOWER
/LTA CUESTA OR L BASE LINE RD
REFUND CLASS 82072 MCI 099236
CONCRETE LOAD 0
69206
6
Ch
320 CU FT
O.A.R.E. PROGRAM SUPPLIES
TRASH RECEPTACLES
REFUND CLASS 9 2062 - ACT 8 9951E
EV WORK 257
OMERPATMENT OF BUS. LIC. E 15234
SHIM REFUND - RECEIPT 6 0373
INSTALL COORS L FRANCS
OVERFAIMENT OF BUS. LIC. 9 24038
REIMOURSEMENTIFILM DEVELOPING
TUITION REIMBURSEMENT
6 R CA PENAL CODE HANDBOOK SFT CVR
BOND MOTOR BOOT
REFUND CLASS 0 6051 - ACT 0 100216
REFUND CLASS 0 6051 - ACT 4 100714
REFUND TEEN CAMP WK 5 -RCT 6 9931
SWIM REFUND - RECEIPT 6 0490
TUITION REIMBURSEMENT
LIAITED EEAN
REFUND TEEM CAMP - RECEIPT 1 9932
REFUND DEPOSIT - PERMIT 4 5402
COMMUNITY FAC DISTRICT 0 91 -1
CINCH TIE 32•
DIAMOND - RANCHO CUCAMONGA
2 TRUCK L TRAILER WALK ON BARK
OVERPATNfMT OF BUS. LIC. 9 SETTS
REFUMOISEAUTIFICATIOM FEES
REFUND CLASS 1 6110 - ACT A 100304
BILLING PERIOD - 621/92 - 6130/92
PERIOD ENDING - MAT 13. 1992
OVERLAP
66576
69104 »)
691159
691969
69190 »>
69191
69192
69193
69196
69195
69196
69197
69196
69199
69200
69201
69202
69203
69206
69205
69207 »>
69205
69209
69210
69211
69212
69213
69216
69ZIS
69216
69217
69214
69219
69220
69221
69222
69223
49226
69225
69226
69227
69220
49229
69230
69231
69232
69213
69234
69235
69236
69237
27.50-
9.918.92
1.156.25
0.12
2.616.66
910.00
13.6•
21.50
30.66
21.50
20.00
21.50
28.60
21.50
411.45
1.090.53
12.00
15.00
21.268.05
1.•61.19
181.33
20.00
110.98
40.53
55.00
2.925.00
520.00
301.43
31.00
116.T0
259.55
15.00
15.00
150.00
ZT.50
340.06
46.16
150.00
250.00
12.300.00
265.17
152.14
530.67
517.50
109.751.90
95.00
1.611.95
..600.90
CIIT OF RAMCMO CUCAMONGA
LIST OF WARRANTS
FDA FERIOD: 07 -29 -92 (91192)
.........................•...........•...• ................ ...............••...............
VENDOR MARE ITEM DESCRIPTION WARR NO
....uuo• • • uuou.uu.nu.............................vu.uuu........uu..
9137 KIRSAMOV. IOTA
9136 ANAPP. JANET
LOTS LAO SAFETY SUPPLY
321 LANDSCAPE %EST
9131 LAWRENCE, KYLE
1231 LEGI -TECH
91.0 LOPEZ. STEVE
200 LOS ANGELES TIMES
1062 R C I TELECOPNUWICATIONS
549 MARIPOSA NORIICULTURAL EMT.INC.
4203 RC ALISTER. LISA
1125 MC GAREC MACHINE
9133 MILLER, EARLEEN
9141 MONTAGUE, KENNETH S.
$42 MOUNTRIN VIEW SMALL ING. REPAIR
1127 N O I INC.
9130 MOBILE. ANITA
912E MOBILE. DAVID
365 DLO QUAKER PAINT COMPANY
122A ORANGE COUNTT STRIPING SVC, INC.
3156 P.N. PLUS
5197 PHILLIPS. ANY
255 PONA DISTRIBUTING CO
513 PROTECTION SERVICES. INC.
3344 R G CONSTRUCTION
3468 POESCH. DOUGLAS
905 SAFETY KLEIN CORP
303 SAN BERN CO EMG /SYSTEMS SUPPORT
261 SAM BERN CO PRINT IMG L MAIL SVC
300 SAN &EMU CO AECORDER
5098 SAUCEOA. MELISSA
5099 SAUCEDA. MICHELLE
1105 SEAL FURNITURE L SYSTEMS INC.
3270 $0 CALIF EDISON
317 50 CALIF EDISON CO.
1432 50 CALIF E0150N- -ATTN1 SHEILA LUMA
5323 STANDARD PACIFIC
301T STATE Of CALIFORNIA
5902 TREND ELECTRIC
5900 TURRIAGA. KIPSERLT
2495 VICTORVILLE. CITY OF
474 VARREU L Co.. CARL
394 WEST VALLEY VECTOR CONTROL DISTRICT
376 WESTERN EITEIMIMATOR
50% XEROX CORPORATION
RUN DATE: 01129192
FF CMECRF
OVERLAI
SWIM REFUND - RECEIPT 0 0311
69238
SWIM REFUND - RECEIPT 6 1216
69239
BACK SUPPORTS
69240
GROUND COVER ITEMS 2 LHO 4 A LEVEL
69241
REFUND CLASS 6 SOIL - MCI 1 99529
69242
SERVICES DURING JUNE 19V2
69243
TUITION REIMBURSEMENT
69244
SUBSCRIPTION - 4127/92 - 8117/92
69245
CUSTOMER 0 IEIZOT34 0
69246
«< 69147 -
69241
JUNE 1992 6
69241
SWIM REFUND - RCT 6 0925
69249
2 $FACER BUSHING
69250
REFUND TEEN CAMP - RCT 0 4409
69251
REFUND ADULT B.S.- MCI 6 0584
69252
EDGER BLADES - WHEEL BEARINGS
69253
MAINT CONTRACT - 6101192 - 6/30/92 1
69254
REFUND CLASS 1 6051 - OCT 6 100790
69255
REFUND CLASS 1 6051 - RCT 6 100719
69256
DEEP BASE 5 GALLON
69257
ANNUAL CONTRACT - VARIOUS AREAS 6
69258
COOLANT ANALYSIS
69259
CLASS ■EFUNO 12062. RCT61D1293
65260
CHEW OSLO MULTI. CHEW NSDR OIL 9
69261
REPL ESL 445 SMOKE DETECTOR /LIONS 0
64262
RETENTION REL /SIERRA MOORE PROJ
69263
TRACING Of MULTI LINE
69264
"CPT 172 01 6330 1
69265
INDEX UPDATES
69266
MAP SVC$ /JUNE 1992
69267
LIEN REMOVAL FOR AFN 0201- 623 -14
69268
CLASS REFUND 02062. NCTSIO0463
69269
CLASS REFUND 02062. RCT 0100662
69270
VARIOUS SUPPLIES -CORM. SVCS 0
69271
61 30 213 9202 01 000 1 0
69272
43 30 030 6502 01 0
69173
<<I 69274 -
69276
61 30 206 5210 91 000 5 6
49277
DEPOSIT REFUND 64049
69278
UNEMPLOYMENT INS 1/1-3/31/92
69279
OVERPABNENT OF BUS LIC 413761
69280
CLASS REFUND 62062, ACT 6101290
69281
PROPORTIONATE SHARE.ERNSTLIN6.LIT
69232
FILE 015549. JACOB MEDINA
69263
VECTOR CONTROL SVC57/19/89- 6130/92
69284
A/C/9671643 -8 6
69215
5046 COPIER, A/C6687376632 0
69286
WARR. I.T.
21.50
27.50
746.60
2.540.62
20.80
163.33
47.50
30.08
238.41
31.35D.04
27.50
32.33
125.00
20.00
149.45
1,196.00
15.00
15.00
83.24
22,140.85
14S.00
20.00
662.11
198.83
25.372.45
167.00
46D.45
63.03
106.50
8.00
20.00
20.00
553.92
613.15
63.160.07
2.472.34
1.000.00
194.00
40.30
20.00
2.134.70
453.40
12.593.86
240.00
1.345.10
69 TOTAL 337.455.76
PAGE: 2
...................
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERIOD: 07 -29 -92 (92/93)
RUN CITE: 01129192 PA.:E: 1
................................. ..... ............. ................... ................. ...uo.... ............. ....... ... .... .....
VENDOR NAME ITEM DESCRIPTION WARR NO WARR. ANT.
....................................................•.......uv.................................. ..........•.....................
99 CHECK$
OVERLAP
2359
LEAGUE OF CALIFORNIA CITIES
MAYOR L COUNCILREASERS CONFERENCE
667159
140.00 -
<<< 6ST46 -
69961 »>
2356
LEAGUE OF CALIFORNIA CITIES
MAYOR L COUNCILMERSER C04F- 7029 -31
669669
IZT.50-
((( 68969 -
69110 >1)
3436
HUNT, LUANNE
INSTRUCT PMT 1/2 CUE SUMMER 6060
69111
54.00-
«( 69122 -
69186 »)
213I
UNIGLOSE REGENCY TRAVEL
FLIGHT RESERVATION J. MART, CRIA
691819
239.00
<<< 69166 -
69160 »>
I
A L A EQUIPMENT RENTALS CD., INC.
VEHICLE MAINTENANCE 6
69259
122.82
409
ADAMS. DEBATE
SUPPLIES EMP OF THE MONTH /COMMUTER
69290
75.00
3477
ALBIN. APT
PLAYSCHOOL INSTA AID PPE ?/I6/9Z
69291
59.00
1135
ALIGNMENT L BRACE SPECIALISTS
VEHICLE MAINTENANCE UNIT NS06 1
69292
607.41
1436
AMERICAN BUSINESS FORMS
PARR RESERVATION REQUESTS
69293
1.161.07
2616
AUTO PANTS CCHPANT, INC
VEHICLE MAINTENANCE 0
69296
1.015.72
1808
BACA. CATHERINE
PLAY CAMP INSTRUCTOR PIE 7/26192
69295
51.62
2651
AALDERRANA. PAULA
MILEAGE REIMBURSEMENT
69Z96
28.56
2516
BARREN, JEFF
ADULT SOFTBALL SCOREKEEPER PFE7 026
69291
162.00
3S79
BARRETT. EDWARD
PEE WEE BASEBALL IMSTR. PIE T /26
69296
?2.00
3955
BARRY. MELISSA
ADULT SCOREKEEPER PIE T /26H2
69299
121.50
33
BASELINE TRUE VALUE HARDWARE
DATCAMP SUPPLIES
69300
73.31
3Z27
BAYLESS STATIONERS
OFFICE SUPPLIES 1
69301
257.36
1317
BERRY. SAMOA
PLATCAPP AID B MRS. PPE 7/26
69302
91.94
1338
816 A AU70 PARTS
VEHICLE MAINTEMANCE UNIT 1516 0
69303
627.66
3256
BISMO /. TIN
$OI T BALL SCOREKEEPER IN i/26/12 A
69306
111.00
1301
AITTMER. ANY
CAMP CUING& ASST. 59.5 HAS PFE7 /26
69305
32L25
3583
BLINKS U.S.A.
675 SETS 1/5 CUT TABS WHITE B
69306
382.17
1081
BOLIN FAINT. L JANITORIAL. JOHN
CONTRACT SVC$ RC CITY HALL OFFICES A
69301
19.666.00
192
BRADFORD. HAROLD
INSTRUCTOR PAYMENT IN FULL CLO6051
69308
108.90
3592
BRANDON. BRIDGET
IMSTR. PAYMENT 1/2 CL 9TOtl /7062
69309
Z25.60
3560
BUKOYSKI. SHARIE
PEE WEE BASEBALL IMSTR. PPE 7/24
61310
60.00
3376
8UGUET, SUZANNE
INSTRUCTOR PAYMENT IN FULL CL86031
61311
66.00
3581
BORIS, LUTHER
PEE WEE BASEBALL INSYR. PIE 7126
69312
60.00
1601
SUATRONICS
MAINTENANCE CONTRACT 701092- 6/30/93
69313
310.50
3365
SUSTOS. ROBERT
FEE WEE BASEBALL IMSTR. PIE 7026
69314
12.00
2686
CANCINO. KATHY
PLAYSCHOOL INSIN. AID FIE ?126H2
69515
176.00
3535
CAN?ONERI• HELEN
CONTRACT SVC$ 40 MRS. 7/13 - 7126
69316
336.60
3305
CARVE PACIFIC CORPORATION
VEHICLE MAINTENANCE UNIT 0666 A
69317
5.293.71
691
CARE AMERICA HEALTH PLAN
AUGUST PREMIUM GROUP 110637
69319
23.350.32
6166
CAMLOS. JOE
REFUND DUPLICATE PERMIT 092 -3516
69319
$2.50
570
CMZCRGD TITLE INSURANCE COMPANY
BOND PAYOFF REFUND AIN 0201- 623 -14
69320
22.19
73
CITRUS MOTORS ONTARIO. INC.
VEHICLE MAINTEMANCE UNIT 6506
69321
63.56
6966
CITY OF CHINO MILLS
REFUND F. WICKMAN WEST ENO COUNCIL
69322
26.00
3577
CONWAY, SHAWN
PEE WEE BASEBALL IMSTR. PIE 7/12 R
69323
72.00
1016
CODRIARTNUA AMC.. BUSINESS PROD.
MAINTE6AMCE CONTRACT ?11-6/30/93
69324
850.00
3026
COROURA. ALOC
A. BASKETBALL SCOREKEEPER PPE 7/26
69325
57.50
289
DAISY - NMEEL AISBON CO. INC
PLOT PENS MULTICOLOR
69326
14.59
1762
DENSON. JAMES
MILEAGE REIMS. RESTRA LOCKUP 1116
693ZT
50.96
2379
DUFFY. PARR
TEEM CAMP REC LEAGER PPE 7126192
69328
464.00
2379
DUFFY, MARK
CASH ACYANCE TEEN CAMP NK 4 8/3 -6
69329
400.00
523
EASTMAN. INC
OFFICE SUPPLIES
69330
12.18
3579
ERICKSON, PIKE
PEE WEE BASEBALL IMSTR. PPE 7/26
69331
60.00
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FGA PERIOD; 07-27 -9Z (92193)
RUN OITE: 01121192 c..1"
•• ..............••..••..•.••••...••.••..••..••.....••..••...•.••..•......•..•..•• ......•.• ..............................• ••
VENDOR NAME ITEM DESCRIPTION WARR NO NIRR. AMT_
vu..............ao............ o..... u.• u.•............... •..................... • s........ .. ...............................
H CHECKS
OVERLAP
2034
ESPOSITO, CHRISTINA
PLAYSCHOOL INSTRUCTOR AID PPE T126
69332
110.20
123
FEDERAL EXPRESS CORP
T908102195 - 13421292
69333
11.50
3306
PELDER, JE.WIFE4
PEE WEE BASEBALL - PRE 7126/92
69339
8400
3551
FIGUER0A, JOE
PEE WEE BASEBALL - PPE 7/26/92
69335
48.00
3510
FONTANA. LIT' OF
PO /UMPO LISTING - SPECIAL DISTRICTS
69336
11200.00
9142
GARBAGE
SUBSCRIPTION FOR MART; HIGGINS
69337
21.00
IAAA
GARCIA. ANY
SCOREKEEPER - PPE T/26/92
69338
101.25
1245
GO NSALVES 6 SON, JOE A.
AUGUST SERVICES
69339
2.100.00
3553
CRACI•. JONN
PEE WEE BASEBALL - PRE 7/26/9Z
69340
43.00
137
GTE CALIFORNIA
131 -1095 E
69341
3.691.25
3128
MAVEN PLAZA PEDICAL GROUP
DRY PNYSICAL- OOT.EIE.AUD.UA
69342
40.00
1360
nERCHENRODER. KRISTIN
CAMP CUCAMONGA - PRE T/26/92 A
69343
690.75
1632
HERCHENROECER. LAURI
PLAVGRCUND PROGRAM-PPE 1/26/92
69344
181.00
1833
HERCHENROECER. LISA
DAY CAPP COUNSELOR - PPE 112+/92
69145
214.50
3020
HESSE. JOE
PEE WEE BASEBALL - PRE TYZ6192
69346
96.00
3408
HINSON. KEITH
RCNC BIOS COVRGE - PPE 7126/92
69341
Z06.25
831
HOLMES, SHEILA
PLAY CAMP INSTRUCTOR - PRE 1126/92
69348
480.D0
3571
HOUSTON, SILLEE
PLAY CAMP INSTRUCTOR - PPE 7126192
69349
I1.DD
495
NYDRD -SLAPS PRODUCTS, INC
IARIGA7ION SUPPLIES
69350
46.10
1952
INLAND EMPIRE STAGES, LTD.
THAI THEATRE IN LOS ANGELES S
69351
600.00
92
INLAND VALLEY DAILY BULLETIN
ACCOUNT 1 1076013
69352
90.12
4001
INTRWATIONAL MUNICIPAL SIGNAL ASSOC
1 MEMBERSHIP 92193
69353
40.00
3022
JOHNSON. VIVIAN
FLAT CAMP INSTRUCTOR - PPE 7/2119Z
69354
199.44
119
KAISER PERMANENTE
AUGUST PREMIUM - GROUP A 1932 S
69395
23.293.IJ
3554
KAY. SEAN
PEE WEE BASEBALL - PRE 7/26192
69356
72.00
3112
KING. ANGELA
PLATSCHOOL INSTRUCTOR - PPE 7126/92
69357
72.00
1218
KNOX
MAINTENANCE SUPPLIES S
69353
474.Z6
2711
LASER PERFECT
EF TONER CARTRIDGES
69359
158.39
2173
LIVESAY. CHUCK
ADULT B.B. GYM SUPER -PPE 7/26192
69360
15.00
28Z
LOGUE. SILLY
PLAY CAMP INSTRUCTOR-PIE 1126192
69361
120.00
3476
,LOIKO. STEPHEN
CONTRACT SERVICES - PPE 7126/92 A
69362
468.90
2930
LYNCH. OROCK
3ASKETSALL OFFICIAL -PPE 7/26/92
59361
120.00
2952
MAILSORT. INC.
WEEK ENDING T /18191
69164
41.11
12
MARK CHRIS, INC.
VEHICLE MAINTENANCE 0
69365
11.86
3559
MAROUEL. AL
PEE WEE BASEBALL - PRE 1126192
69346
96.00
150
MARTINEZ UNION SERVICE
97 TEMPO - CITIZEN PATROL
6936T
40.00
2912
MARTINEZ, ELIAS
DAY CAMP REC ASST. - PRE 7126/92
69363
286.00
3555
MAXWELL. ROGER
PEE WEE BASEBALL - PPE 1/26/92
69369
36.00
3015
AC CALL, SUSAN
INSTRUCTOR PMT -CLASS A 2044 -2043
69370
37.20
2973
MC CONNELL, AVAN
OR' CAPP REC ASST. - PPE 7126192 S
69371
401.25
3411
MC DOW. CAROLYN
INSTRUCTO4 PMT CLASS R 6041
69372
21.60
2415
MEYER. CHARLIE
MENS B.S SCOREKEEPER - PIE 1/26192 4
69313
361.50
749
MIJhC ALARP COMPANY
JUN MCHTHLY FIRE 0
69373
1.529.00
325
RONTGOMERT. CHID
PEE WEE BASEBALL - PRE Y/26/92
69315
TZ.00
3550
MOORE, BRENT
CONTRACT SERVICES - PRE 1126192 A
69316
499.25
3557
MUSTER. LORI
PEE WEE BASEBALL - PRE 1126192
69317
48.00
3447
NATIONAL UNIFORM SERVICE
UNIFORM SUPPLIES
69310
345.62
2319
NCR CORPORATION
PRINTER; MULTI- FUNCTION
693T9
139.00
2240
MEALET. RICHARD A.
FEE WEE BASEBALL - PPE 1/26/92
69380
157.50
2976
NELSON, ROBIN
DAY CAPP COUNSELOR - PRE 1/26/92
69381
332.75
3539
MICKUM. HEATHER
CAMP CUCAMONGA - PRE 1/26192
69392
131.50
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERIOD: D7 -29 -92 (92/93)
RUN DATE: 07/29/92 PAGE: 3
.. ................................................................................................ ............... .................
VEHCOR NAME ITEM DESCRIPTION GARR NO WARP. AMT.
........................ .......................................................................... ................................
2598
.33
89a
2306
2609
1610
2666
23S
2212
1926
3406
3512
2405
6013
3086
592
3560
291
5901
426
2127
is
l^ 3032
v l 2892
626
2432
1852
2202
2ses
13 at
533
3568
1327
2372
3278
1432
3566
397
2992
646
3569
2649
6T5
1151
944
2734
3197
592
3409
3321
NIGRO. ANOREE'
NIXON -EGLI EGUIPNENT
NORTH AMERICAN TIMESMARE /UNITED
OLIVIER. MICHAEL
OM -SITE MICROFILMING SERVICE
ONTARIO. CITY OF
OSBORN. SETH
OWEN ELECTRIC
PACIFIC IRRIGATION SUPPLY
PACTEL CELLULAR
PELTIER. KEVIN
PENOER6RAPH, AMORE
PENOERGAAPN. RONALD
PETERSON, IRIAN
PINERO. ➢SALAMI
PIP PRINTING
PITTENGER. THOMAS
PHI /DELTA CARE
FOUN05. IERES4
PRIME COMPUTER, INC.
PRIME EDUCATION
PRUDENTIAL OVERALL SUPPLY
RAMIREI. BECKY
RANDS. NICOLE
HAUL'S TIRE AND WHEELS
NEVES, ANNE
S C E S A
SAMPLES. KELLY
SAMPLES. NAIL
SAN BERN CO ENVIRON. HEALTH SVCS.
SEMPLE, JUDY
SETIMN MFG.. CU., INC.
SMART C FINAL
SMITH. DEBBIE
50 CALIF EDISON
SO CALIF eCISON- -ATTN: SHEILA LUNA
SOFT - TRAIN, INC.
SOUTHERN DATA SYSTEMS
SPENCER, DE6&IE
STAMOARG INSURANCE CO.
SUMMIT GRACING L PAVING
SWANSON. 008DIE
T L 0 INSTILLATION. INC.
TECHNIC
TEKT"MI1. INC.
TERRY, DONNA
THROCKAORTON. MARCELA
TISDALE, LARRY
TRIMBLE, LAIRINA
TRUONG, KIM
91 CHECK# OVERLA
PLAY CAMP INSTRUCTOR - PPE 1/26/92
1 01PS7720 PRESSURESTAT
JULY - SEPTEMBER 1992 B
DUES 192 AMERICAN PUBLIC MORES ASSOC
LOT 43 1MICADFILMED &LOG DIVISION
REFUND /NEST ENO COUNCIL DINNER T /23
ADULT SOFTBALL SCOREKEEPER -PPE 7126
MEO -3 RELIANCE FUSES
1 1/4• X I• ELBOWS /
A /C4 10433ON /PHONE #714 323 -6442 0
OFF -SITE CLASSES, NEC ASST
ADULT BASKETBALL OFFICIAL.PPE 1126
ADULT 06 OFFICIAL. PPE 1126/92
ADULT SOFTBALL SCOREKEEPER
PEE WEE BASEBALL INSTRUCTOR
ORCHID CARD STOCK
PEE WEE BASEBALL INSTRUCTOR
AUGUST PAERIUM. GRP 41236
CLASS REFUND #IV
MAINT 4350.CPU.ENISTG TAPE SUe6Y5
PRIME SYSTEM MANAGEMENT
PUP 3036• MAT 46, OUST CLOTH 1030 4
PLAY CAMP 110
LIONS CENTER, REC. ASST
MOUNT TIRES UNIT 0652 4
ADULT SOFTBALL SCOREKEEPER
REG-M HIGGIMS -CIVIL UNREST LA 9/2I
DAY CAMP. NEC ASST 6
PLAYGROUND PROGRAM. REC ASST
PERAIT -ENV HEALTH SVCS - VINEYARD AV 4
SENIOR FITNESS INSTRUCTOR
PUSH BUMPERS EXTENDED
PLAY CAMP SUPPLIES I
CAMP CUCAMONGA COUNSELOR
61 30 125 1231 02 000 6
<<< 69416 -
64 30 129 2610 Ol 000 6 •
INSTRUCTOR PMT IN FULL CLASS 96110
WANG SVC CONTRACT 7/1- 8/1/92 4
LEWIS AND DIV CAMP /PPE 1/26
AUGUST PREM -GROUP 4497390 -01
CONSTR ROCHESTER /VICTORIA - HIGHLAND E
PARK RESERV, SPECIAL EVENTS 4
REPAIR 4112 1986 CMEV
MAINT PRINTER 01000 •
ANNUAL RAINY 40034310.6011139.31651
ENTERTAINMENT FOR SENIOR LUAU
INSTRUCTOR PHI IN FULL CLASSIZO72
INSTRUCTOR PMT 111 DUE CLASS49000
RCNC SLOG COVR. NEC ASSIT -PPE 7/26
40 HRS28.36 PR HR- 7/23192
69393
69369
69355
69396
69387
69388
69399
69390
69391
69392
69393
69394
69395
69396
69397
69396
69399
69600
69401
69402
69903
69406
69405
69606
69407
69606
69409
69410
69411
69612
69613
69414
69415
69416
69417
69418 >>>
69419
69420
69421
69422
69423
69424
69425
69426
69427
69428
69429
69430
69431
69.32
69.33
119.93
.7.59
1.440.00
TO.00
250.09
21.00
.0.50
41.12
9.48
251.14
171.98
30.00
90.00
60.75
44.00
32.33
96.00
999.84
27.50
3.008.02
1.200.00
49.90
36.00
283.22
262.50
202.50
15.00
369.23
220.00
60.00
174.00
126.20
353.54
114.04
528.35
44.665.99
456.00
1.150.00
359.55
506.50
143.034.67
33.00
501.91
514.50
006.00
150.00
93.60
340.00
210.86
334.40
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERIOD: 07-29 -9Z (92/93)
P• 70TAL 301.071.59
rl
RUN
GATE: 01/29192 GAGE: 4
...................................................................................................
VENDOR
.. ........ou........................
NAME
ITEM DESCRIPTION
vu• u• u..... u•........u•...........................
PARR NO
...............................
PARR. AMT_
......... ...........................
99 CMECAA OVERLAP
1443
TURNER, ESIMER
CASH ADVANCE -DAY CAMP WEER S L 6
69436
150.00
1216
UNITED PARCEL SERVICE
ADOL POT FOR DELIVERY DEPOSIT
69635
450.00
3069
UNIVERSAL STUDIOS
BON TICKETS TO UNIV STOS -AUG 3 TRIP
69636
370.DO
3263
OVA, STEVE
PEE WEE BASEBALL INSTRUCTOR - PPET /26
69637
12.00
3556
VAN VALKEMBURGN. SUSAN
PLAY CAMP AID 6
69636
121.86
5903
WARD. JEFF
CLASS REFUND -SWIM P/7-6130 V
69439
21.50
478
WARREN L CO.. CARL
FILE 615304. FIRREAS INSURANCE
69440
436.00
113
MARIE. KLEEN -LINE CORP
378 -ML SOLO CUPS A/C6331433700 A
69441
481.10
3573
WHITEMAN. RYAN
PEE WEE BASEBALL INSTRUCTOR 7/26
69442
71.00
3574
WILD RIVERS
ADMISSION TICKETS. TEEN CAPP AUG 16
64463
165.00
509
XEROX CORPORATION
1040 COPIER. A /GJ95TT1Z813 6
69444
1.696.96
2096
ZAGORIM. KEITH
PEE WEE BASEBALL INSTRUCTOR /PPE7/26
69445
36.00
3310
ZAVALA, DAVE
ADULT BASKETBALL OFFICIA "PPE T126
69446
60.00
P• 70TAL 301.071.59
rl
....................................
VENDOR NAME
...u•.... •.......•...•.......... •.A
446 SAN BERN CD AGRICULTURE DEPT
9153 RANCHO PARK VENTURE
4873 JENEL DEVELOPMENT
8
6969
26
6970
6974
6911
6980
6972
130
6973
6975
3269
as
9149
1844
9150
J 4247
3119
9143
9148
1829
321
9147
9145
9151
9144
942
9146
3437
1979
5904
3586
4248
276
1238
1432
319
3513
478
5905
5420
3587
509
E.C.E. OFFICE SUPPLIES
A.T. L T. PARADYNE CORPORATION
ASSOCIATED ENGINEERS
ATWOOD VICTORIA JOINT VENTURE
BAKER. MATTHEW
CALIFORNIA MEDICAL MANAGEMENT
CATELLUS DEVELOPMENT CORPORATION
CLAREMONT PUBLIC AFFAIRS CORP.
COMPUTER SERVICE CO
COR61M OE LAPP BUILDERS
CREAMER, LINDSAY
CRUSH MASTER ASPHALT
CUCAMONGA CO WATER DIST
FIRST MOTEL INVESTMENT CORPORATION
FONTANA MOTORCYCLES INC.
GRACIAi SAMUEL
GRIGSBY DEVELOPMENT. INC.
HAVEN PLAZA MEOICAL GROUP
MILLIARD, BEMNlE L CO. CPA'S
J.J. FASHION
JYP TELECOM INC.
LANDSCAPE WEST
LASTING IMPRESSIONS PRINTING CO.
M.M. PUMP
NO KEAND MECHANICAL
MIGHTY DEVELOPMENT INC.
MOUNTAIN VIEW SMALL ENG. REPAIR
N.A.D.F.T.
NATIONAL UNIFORM SERVICE
PICTURE THAT
POPAT. MISNI
QUINTESSENCE DEVELOPMENT COMPANY
RANCHO CITILAND
RIVERSIDE BLUEPRINT
SAN BERN CO LIBRARY
SO CALIF ECISON- -ATTM: SHEILA LUNA
SO CALIF GAS CD.
VINTAGE TRANSPORT
WARREN L CO.. CARL
WEIGAND. JER00
WESTERN LANG PROPERTIES
WOODRIDGE ESTATES, LTC
XEROX CORPORATION
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FIR PERI00: 08-05-92 (91192)
RUN OATE: 00/95/92 PAGF: 1
.a • ............ •............................ ........ ............................... .
ITEM DESCRIPTION WARR NO WARR. AMT.
.......................................... u•....... ................................
9t CHECKN
SOIL EROSION PERMIT
« 6012T
REFUND /PARK FEES P
« 69189
VOID CK DATED 1/19192 A
(<( 69235 -
SIGNATLRE STAMPS
OVERPAYMENT OF BUS. LIC. F13644
ARROW RTE BRIDGE 9 CUCAMONGA CR CM A
OVERPAYMENT OF BUS. LIC. AZOOTT
REFUND CLASS 49070 ACT 8101141
OVERPAYMENT OF BUS. LIC. 119732
REFUND 73% PLANNING FEE OR 91 -11 4
OVERPAVMENT OF BUS. LIC. 822459
ARCHIBALD AVENUE L SIXTH STREET 4
OVERPAYMENT OF BUS. LIC. 49213
REFUND CLASS 49021 ROT !100036
CONCRETE L ASPHALT LOADS I
«< 69463
316 CU FT 4
STORM CRAIN REIMS -TRACT A 10210
VEHICLE MAINTENANCE A
TUITION REIMBURSEMENT
STORM CRAIN REINB- TRACT81Z650 -13542
LIMITED EXAM
OVERPAYMENT OF BUS. LIC. A 12246
OVERPAYMENT OF BUS. LIC. A 9414
TELEPM[NE MAINT 6/1192- 0/31/92
MIND AND FREEZE DAMAGE
OVERPAYMENT OF BUS. LIC. A 8631
OVERPAYMENT OF BUS. LIC. 4 6036
DEPOSIT REFUND - PERM17 4 4564
OVERPAYMENT OF BUS. LIC. 4 19979
MAINTENANCE SUPPLIES 4
STORM CRAIN RE19B. -TRACT a 12870
UNIFORM SERVICES
STAFF JACKETS L SHIRTS 8
CLASS REFUND 49030, RCT 4100085
ASIA PLAN STAN DRAIN REIMBA13367
MASTER PLAN STORMORAIN REIMBA12895
OPTI -COPY, PROD CAMERA SET- UP.TPS P
UTILITY COSTS REIMS -FY 91/92
61 30 211 1553 02 000 1 4
D4 3114 950 6303 1
ENCLOSED SOBRIETY CHECK POINT TRAIL
FILE 49541, BEDROSIAN
CLASS REFUND 890TO. RCTA1011Z3
501 REFONO- PLANNING FEES-TRI3272
MSiR PLN STORM DRAIN REINB MI3641
5090 DUPLICATORIA/C468789310T
.. TOTAL
OVERLAP
60IZ6t
69187 >>>
69198.
69233 >>>
6923\.
61ASO >)>
69451
69452
69453
69454
69455
69456
69457
69458
69459
69460
69461
69462
69465 >>)
69466
69467
69466
69469
69470
69471
69472
69473
69474
69475
69416
61477
69478
69419
69480
69481
69482
69483
69484
69485
69496
694BT
69468
69489
69490
69491
69492
69493
69494
69495
69496
375.00-
109.)51.90
109.751.90-
93.10
34.00
2.145.T5
289.50
62.50
45.00
1.504.50
10.00
429.35
10.80
15.00
360.D0
24.301.04
20.380..5
308.56
46.50
7,417.50
46.TA
53.01
T.T9
5.850.00
19.671.00
7.35
72.00
500.00
23.00
3.196.94
56.409.26
345.62
2.526.61
25.00
5.686.82
6.489.66
283.91
15.000.00
T1.71
13.60
10.966.45
2.16T.76
61.50
2.100.00
4.146.06
2.066.13
212.311.40
CITY OF RANCHO CUCAMONGA
LIST OF YA 0.0. \NTS 9 /93)
FCR PERIOD: 08 -05-92 ( 2 P6GE:
1
RUN OATEf 08/05192 ................+...•
... .uuuuu......... .aMAMA•N0 uuuu.YlRivaoa.........uu.......
. .. A... .................... •ITEM DESCRIPTION uu..... ...............................
•VENDOR • NAME • ..... ................................
......a......... p CHECKS MN OVERLAP 215.60-
.....•.... ISSA
3185 PEARSON$ RC81H
144 GREAT 9ESTE44 SAVINGS
6966 APWA - SDUTHERM CALIFORNIA GMAPTER
3364 BtM AVENUE GRAPHICS INC.
I R C 1 EQUIPMENT RENTALS CO..
10 A C 0. TIRE SERVICE
1135 ALIGNMENT C BRAKE SPECIALISTS
3265 ALTA LUMA SCHOOL DISTRICT
6916 ANDERSON. LARAINE
6515 .... CID L.A. COUNTY DEPT. OF
2616 AUTO PARTS COMPANY. INC
1338 SIG AS ADIDA P401SRS
10e1 BOL3K MAINZ. L JANITORIAL, JOHN
373 BOOK PUBLISHING COMPANY
057 C R 0 HEATING L AIR CONDITIONING
931 CALGOMP INC.
3305 C\RDED PACIFI CS CORPORATION PLAN
6917 CESAR CENTRALS CHAPTERSFRV ICE
C0 73 CITRUS MOTORS ONTARIO. INC.
74 CtTY RENTALS
BE COVET INC-. N.B.
BYTE DAHL DESIGN INC.
104 DAIST KNEEL RIBBON CO. INC
6627 OCK CABLEVISION
60 DELTA DENTAL PLAN OF CALIF
107 DETCO
6979 DOMINO'S PIZ IA
1901 DRAPKIY
640 UNESCO REPROCUCTIONS
323 EASTMAN. INC
229 EKING IRRIGATION PRODUCTS
23.1 FILMS INCORPORATED ENTERTAINMENT
1Bµ FONT AMR MOIORCTCLES INC -
11A♦ FRAME-ART
3N6 GOLDEN VIDEO REPAIR
491 GRAVES AUTOMOTIVE SUPPLY
137 GTE CALIFORNIA
16l MITI LUMBER CO.. S.K.
3436 NURI, LUANNE
46 INDUSTRIAL ASPHALT
1992 IMLANI VALLEY DAILY
S BULLETIN
9152 K.T. KIPS JAE KYON DO
7216 AMC.
INSTRUCTOR PHI CLASS 7061-8Z 69152 -
69
69••6 »>
6.566.00
EMI PO DEFERRED COMP /PPE 7/26/92
694470
69445\
A5.D0
6pyp CALIF- CHAPTERS DINNER 569449 -
69496 >>)
10.76
REPAIR City CLERK STAMP
69499
69500
26.14
VEM IDLE MAINTENANCE UNIT «56669501 -
69501 >>>
762.44
VEHICLE MAINTENANCE 90 FORD •
69502
69503
484.Z4
SSO.•4
VEHICLE MAINTENANCE UNIT 4207
CARNELIAN SCHOOL
6950•
51.68
FACILITY RENTAL
OFFICE SUPPLIES PURCHASED
6 y 06
50.00
REIHOURSE-
SEMINAR 111/92 BOB tETTEROERG
.9507
131.83
117.82
VEHICLE MAINTENANCE •
69506
190.00
OFFICE SUPPLIES •
MAINTENANCE UNIT 6525
69509
69510
466.00
VEHICLE
JANITORIAL SVCS- RC CITY CORY IAPD
493
69511
2.655.03
415.00
PRINTED PAGES - ORDINANCES THAI
CONDITIONER 8
69512
604.00
MAINTENANCE ON \10.
7/1 TO 1/33/92 •
69514
51627.80
MAINTENANCE FROM
4POUP •O101139A -P
1.599.33
AUGUST PREMIUM •
69515
Z9.25
SWEEPER PARTS
L BRACKETS
69516
215.00
HARDWARE
CESA CONFERENCE M XIG4IN5 10/13-15 •
69517
69516
685.04
VEHICLE MAINTENANCE UNIT 4334
69519
54.00
112.50
EQUIPMENT RENTAL
69520
16.20
REPAIR 45 FUEL PUMP
BUS. LIC. #24099
69521
.84.04
OVERPAYMENT OF 6
APPLE LASER
69522
69523
25.00
TONER CARTRIDGE
OVERPAYMENT OF OUS. LIC- •Z2465
6q 524
18.613.20
AUGUST PREMIUM 60 OUP 4•e0
69525
63,10
23.00
office¢ BADGES
OF BUS. LtG. 830631
69526
69527
156.01
OVERPAYMENT
OFFICE SUPPLIES
69526
100.63
3,91
BLUEPRINT SUPPLIES
0 69529
1.392.99
OFFICE SUPPLIES
IRRIGATION SUPPLIES
4 69530
4 69511
1199.00
.350.46
LOVE BUG
VEHICLE MAINTENANCE
0. 69532
4 69533
411.40
75.00
11 1 14 MATTING
VGA TAPE PLAYER
69534
69535
AO9.25
REPAIR OF
VEHICLE MAINTENANCE «< 69536
4
- 69536 » >
925.74
• 69531
159.96
969 -5735
MAINTENANCE SUPPLIES
• 6060
4 69536
69539
54.00
263.13
INSTRUCT PAT 1/2 DUE SUMMER CU AMON
LUC 4A
4 69540
11444.00
VARIOUS LOCATION'.-RANCKO
• 69541
113.40
LAKE
1 69542
14,65
A
ACCOUNT A IOofOOT
ACCOUNT
BUS. LID. • 22316
69343
2LO.51
DVE 0.PAY MFNT OF
4 69564
LAVATORY CATCH 626
C17Y OF RANCHO CUCAMONGA
LIST OF WARRANTS
FCR PERIOD: 08 -05 -92 (92/93)
•..... ................
•...........
RUN DATE:
08105192 RAGE: 2
......... ..
. u e.........
vENOOR
.. ...........................
u u u. a •....... •
NAME
u•.................................................................
v o........................ .....................
ITEM DESCRIPTION WARR NO
.................................
....
WARR. 4MT.
A4 CHECKA
OVERLAP
649
LAWSON PROCUCTS, INC.
MAINTENANCE SUPPLIES
69545
1.345.97
4221
LEARNING RESCURCES NETWORK
MEMBERSHIP DUES
69566
195.00
4140
LEAH
BROCHURE IDEAS L REGIS.TECHNIGUES
69547
38.90
4050
n.n.A. S.C.
AUGUST DINNER L BDARO MEETING
69546
30.00
4687
X.S.A. C/O GEOFF COBBETT,
INITIAL READRSXP -306 ZETTERBERG
69549
40.00
2952
MAILSORT, INC-
WEER ENDING 7/26192
69550
45.80
12
MARK CHRIS, INC.
VEHICLE MAINTENANCE
69551
6.03
2191
AICMAEL'S CRAFTS
MAINTENANCE SUPPLIES 4
69552
53.16
842
MOUNTAIN VIEW SMALL ENG. REPAIR
MAINTENANCE SUPPLIES 4
69553
41.54
1225
N A P A
REGISTRATION FOR KATHY SORENSON 0
69554
2TS.OD
4461
NATIONAL RECREATION L PARR ASSOC.
REGIS G LOGGING FEE /NETTLE NEILSEN
69555
376.00
4461
NATIONAL RECREATION G PARR ASSOC.
REGIS G LODGING FEE /DAVE MOORE
69556
376.00
3437
NATIONAL UNIFORM SERVICE
UNIFORM SERVICES A
69957
716.49
4200
MEWSWEER
SUBSCRIPTION RENEWAL /1 RR -JACK LAM
69558
24.45
67
ON -CALL PAGING
18011 -1 0
69559
1.168.00
2212
PACIFIC IRRIGATION SUPPLY
MISC IRRIGATION SUPPLIES A
49560
292.25
t826
FACTEL CELLULAR
A/C80417164, PHONE 8714 VARIOUS N
69561
773.99
1826
TACTIC CELLULAR
OVERPAYMENT OF BUS LIC 620160
69562
22.41
1891
PARKHOUSE TIRE INC.
OZ5KIO.3 000XIS PLYFIL RETREAD 0648 f
69563
710.86
481
PATTON SALES CORP.
FLAT BAR. 0642
69564
9.70
751
PEP BOYS
VARIOUS VEHICLE SUPPLIES
49565
10.48
311
PICOME PLUMBING CORPORATION
EMERGENCY SVC REPAIR ON WTR METERS
69566
149.84
1207
PL44NING NETWORK
OVERPAYMENT OF BUS LIC 019074
69%T
22.60
5910
PRIMI FOILS L PLUMBING
OVERPAYMENT OF BUS LIC 010194
69568
43.00
JZ86
PRINCIPAL MUTUAL
AUGUST PREMIUM -GROUP ON194IT -1
69569
67.528.38
2994
PRINT SOURCE, THE
BLDG L SAFETY BUS CARO$
69570
43.30
.� 65
PRUDENTIAL OVERALL SUPPLY
SMIRTSCPANTS- OTTEN. AOIME. YNIGUEI 0
6VST1
172.90
418
R R A GROUP
CONST. SOILS TESTING- ROCMSTRLNIGHLO
69572
21570.00
626
RAUL'S TIRE AND WHEELS
SVC CALL, DISMOUNT L MOUNT 0641 1
69513
100.50
276
RIVERSIDE BLUEPRINT
OLUELINE PRINTS, STAPLING OF SETS 1
69574
224.07
5906
,BUSY CONSTRUCTION CO. KEN
OVERPAYMENT OF BUS LIC 015160
6957$
15.66
2004
SAFECO LIFE INS. CO. GROUP ADMIN.
AUG PREM-FIRE PERSONNEL -01- 010183-0
69576
97.54
446
SAN GERM CO AGRICULTURE DEPT.
SOIL EROSION PERMIT
69571
350.00
5907
SHAAf I. BEN
REFUND PERMIT N5195
69578
1.000.00
692
SIR SPEEDY
RUBBER STAMP 64 RC SHERIFF
69579
11.85
5901
$LOVER. WILLIAM L DEBRA
REFNO PLMSG PERMIT 092 - 3515 -GAS LNE
69580
18.00
1327
SMART C FINAL
TEEN BEACH TRIP SUPPLIES
69581
39.73
36
SHIOERLE. BEA
COMP SVC$ -PETIT CASH 0
69512
126.6Z
3278
SO CALIF ECISON
TO 30 142 0009 01 000 9
69583
198.54
<,< 69504 -
69557 )))
1432
SO CALIF ECISON- -ATTM: SHEILA LUMA
T1 30 147 3051 03 000 1 N
69580
I3.7D4.28
319
$0 CALIF GAS CO.
16 3107 835 2001 3
61589
1.090.49
2995
SPAC£SAVER SYSTEMS, INC.
WARRANTY CONTRACT 03668
69590
450.00
5376
SPIRES RESTAURANT, INC.
EARTHQUAKE CREW - 6/15 - 7/20192
69591
18.84
471
TRICO
REPLACE BREAKERS 130 AMP RELAY 011 -24
69592
305.21
5909
TURNER. MICPAEL T.
REFUND PERMIT 05386
69593
250.00
350
U.S. POSTMASTER
FALL 92 GRAPEVINE POSTAGE
69594
4.500.00
2958
DAPS ARE US ASSOCIATION
UNP SVGS -T 1I- T115192
69595
1.026.50
213
WAWIE. KLEEN -LINE CORP
SOLO CUPS
69596
143.67
3196
WEBB. ALBERT A L ASSOC
ENGINEERING SERVICES
69597
4.250.64
IS$
WtLO1NG INCLSTAIAL C TOOL SUPPL
HELIUM, BALLOON REGULATOR RENTAL
69598
12.50
CITT OF RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERIOD: 08-05 -92 (92/93)
44 TOTAL 153.041.14
(n
RUN DATE:
08/05/92 PAGE: 3
....• ..............................................•.....................................
VENDOR
NAME
ITEM DESCRIPTION
u•..... .................................
WARR NO
NARR. AMT.
.. . ......................•......•.. a..................................................
a.... ..........................
.......... .
44 CHECMR OVERLAP
2641
WMITTMORE ENTERPRISES. INC.
EMT SCISSORS.TWEEIERS /SPLNTR
FORCPS 69599
42.02
509
XEROX CORPORATION
1D25/3038 SMP5TLS -4
6 69600
100.42
III
ZEE MEDICAL SERVICF
1ST AIC SUPPLIES
A 69601
463.44
44 TOTAL 153.041.14
(n
�� (Irr if PM[q !UL[15i .P lil
•'191UL19 Vtre9 iN^Ma.
................. IY:. eto.'A
'1:41 =M' .a1 IW!CIRY .............. ....1 r',y1.319.13
i
li4
1 '
M
R.I. [.I. list,
.1 it IEM, IB Ulf
I MAO 14 112.111.11
, INI 5 rptt x r.l.'. relln al :'enr oelH r antnalr
ett not val t: :0 q'e0 M9u 15, 'YA Z. P[qf of !AI�
4n rr. pn a Iarnt not vrSi. re ll;t. n1
,a an Ile° .r>.�rf rM.a (a Z. nl nt rvnla r nen�'rfe erl n•1r t.;r n.
WLNWE
•L:9 'l prJ4!�r
iUEYI 01
tl1
Oi.S '0
W, 14'lE
eT'WB
!111 FV4
pi'P I1r
ENI'IPL:Y'
[Y::Vw [XI
.............
..I 3,'vl.a[S.ln
SI."
}IS
"I
I.Pb
nY
..... ......
1 :;. n1,;[s .a
}e.1}
1
!
...........
f f.e0
5.75
Ivs
'Ml
I_...
4.'qr 4a 9„ere �r�✓',r:.r ..... .. .....
..Y 1)r B, 111 °{
I "o,
1.R
".I,
6,1[1
1,:11
B.:31
3, 43V
ra.: i:ar +na ion n:I.i:;an ................1
I,:o 1. N..h
I.]:
i.l it
4i'{
8.:91
8.:[9
-3L IwES'4Y'S rrf ld -WFi. .......
._. 1 :>, +,B :t 14.e:
! ,dl
°nrfa9 ll— ,,'%�aa':t ....... ...
1 :f15,!SS.IA
i.;03
3,SW
•.a: i
................. IY:. eto.'A
'1:41 =M' .a1 IW!CIRY .............. ....1 r',y1.319.13
i
li4
1 '
M
R.I. [.I. list,
.1 it IEM, IB Ulf
I MAO 14 112.111.11
, INI 5 rptt x r.l.'. relln al :'enr oelH r antnalr
ett not val t: :0 q'e0 M9u 15, 'YA Z. P[qf of !AI�
4n rr. pn a Iarnt not vrSi. re ll;t. n1
,a an Ile° .r>.�rf rM.a (a Z. nl nt rvnla r nen�'rfe erl n•1r t.;r n.
C
F-I IYl 111.
1: :1 12
1.1, 31
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11 .11 -.11 •
11P Ili.
k2z' -.'17 I
11�l iIE-1
1.21i, �11�11'z
12
1 —1 1.31:
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MIl
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'?.Ill 113A, i'—�
W.111.9 19 9. "'f 1
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0
U1'1'Y 01" RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992
TO: Mayor and Members of the City Council
Jack Lan, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Larry Henderson, AICP, Principal Planner
SUBJECT: APPROVAL OF A CHANGE IN THE DAY AND TIME OF THE REGULAR
HISTORIC PRESERVATION COMMISSION MEETINGS
RECOPRUMATION
Approve through the adoption of the attached Resolution, the changing of
the Historic Preservation Commission's regular meeting day to the second
Tuesday of each month and the starting of the regular meetings to 5:00
P.M.
LSy?i`L.,i,1..
The change in the hours of operation for the Civic Center complex, from
7:00 a.m. to 6:00 p.m. Monday through Thursday, provided an opportunity
for the Historic Preservation Commission to analyze it's current meeting
day and time.
The Historic Preservation Commission considered this item at their
meeting of August 6, 1992, and unanimously recommended, per the attached
Historic Preservation Commission Resolution, the changing of the regular
meeting day to the second Tuesday of each month from the current first
Thursday of each month. In addition, they recommended changing the
starting time from the current 7:00 p.m. to 5:00 p.m.
ANALYSIS
Several alternatives (including moving to a Monday or Tuesday) were
discussed by the Historic Preservation Commission and staff concerning
the changing of the day and time for their regular meetings. The
current recommer;dation was considered the beat alternative based upon
the following factors: First, the moving of the day from the first
Thursday of the month, to the second Tuesday of the month allows for
immediate staff follow -up after Historic Preservation Commission
meetings rather than allowing three calendar days to elapse after the
Commission's action. In addition, the Tuesday meeting day, rather than
Monday, allows an additional work day prior to the meeting for staff to
CITY COUNCIL STAFF REPORT
HPC MEETING TIME CHANGE
August 19, 1992
Page 2
review and provide additional comments at the meeting if new information
is submitted by the public, the applicant, or the Commission. Secondly,
the moving of the regular meeting start time to 5:00 p.m. will allow
meetings to be completed earlier thereby allowing the Commission, staff,
and the public a more reasonable evening break prior to commencement of
work on the following day.
The Commission did discuss the ramifications of starting at an earlier
5:00 p.m. time and it was determined that for the most part there is
very little attendance by the public at the Historic Preservation
Commission meetings. In addition, the Commission reserves the right to
schedule later staring times to facilitate public input when
necessary.
CONCLUSION
If the City Council supports the Historic Preservation Commission's
recommendation, adoption of the attached Resolution changing the meeting
day and time would be appropriate.
,Re ly su d,
Brad Ilex
Cit Planner
ES: LH: js
Attachments: Exhibit "A" - Historic Preservation Commission
Resolution No. 92 -02
City Council Resolution of Approval
1b
RESOLUTION NO. 92 -02
A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL A CHANGE IN THE DAY AND HOUR FOR TP.E
REGULAR MEETINGS OF THE HISTORIC PRESERVATION COMMISSION.
WHEREAS, the City of Rancho Cucamonga has initiated a 4/10 work program for
City staff at the Civic Center, located at 10500 Civic Center Drive, Rancho
Cucamonga, and
WHEREAS, the Commission believes moving the day and time of their regularly
scheduled meetings will provide for a more effective and timely review.
NOW, THEREFORE, the Historic Preservation Commission of the City of Rancho
Cucamonga does hereby resolve as follows:
Section 1: Regular meetings for the Historic Preservation Commission shall be
held in the Council Chamber at the Civic Center complex, located at 10500
Civic Center Drive, Rancho Cucamonga, CA, and said regular meeting shall occur
as follows:
a. The second Tuesday of each month, starting at 5:00 p.m. unless otherwise
determined by the Commission.
PASSED, APPROVED, AND ADOPTED this Gth day of August 1992.
BY: 44CAu
Marsha Meek anks, Cha rmann
AYES: ARNER, BANKS, BILLINGS, COOPER, HASKVITE, SCHMIDT, TESSIER
NOES: NONE
ASSENT: NONE
13 \IA1,
RESOLUTION NO. 1v - is 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, CHANGING THE DAY AND TIME FOR THE
REGULAR MEETINGS OF THE HISTORIC PRESERVATION COMMISSION.
WHEREAS, the City of Rancho Cucamonga has initiated a 4/10 work
program for City staff at the Civic Center, located at 10500 Civic Center
Drive, Rancho Cucamonga; and
WHEREAS, the Council believes moving the day and time of their
regularly scheduled meetings will provide for a more effective and timely
review.
NPR, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
SECTION 1: Regular meetings for the Historic Preservation Commission
shall be held in the Council Chamber at the Civic Center complex,
located at 10500 Civic Center Drive, Rancho Cucamonga, California,
and said regular meeting shall occur as follows:
a. The second Tuesday of each month, starting at 5:00 p.m. unleas
otherwise determined by the Commission.
The City Clerk shall certify to the adoption of this Resolution.
r8
— CITY OF RANCHO CCCAMONGA
STAFF REPORT
DATE: August 19, 1992
TO: Mayor, Members of the City Council, and
Jack Lam, AICP, City Manager
FROM: Jim Hart, Administrative Services Director
SUBJECT: APPROVAL OF DESIGNATION OF CITY REPRESENTATIVE AND
ALTERNATE REPRESENTATIVE FOR THE CALIFORNIA MUNICIPAL
INSURANCE AUTHORITY (CMIA) BOARD OF DIRECTORS
RECOMMENDATION
The City Council adopt the attached resolution.
BACKGROUND
The City joined the multi-city pool, California Municipal Insurance Authority, in May 1986, for
general liability coverage. Subsequently, in July 1990, the City joined the pools Workers'
Compensation Program.
As a result of membership in the CMIA, the City must designate a representative and alternate who
represent the City on the CMIA Board of Directors. These representatives have the authority to act
on the City's behalf at board meetings. Currently, I serve as the representative and Susan Neely
serves as the alternate. With my leaving the City, it is necessary to designate a representative in my
place.
Since Brigit Tate has worked closely with me on the general liability and Workers' Compensation
programs, she has the most current knowledge of the CMIA programs. Therefore, it is
recommended that she be appointed as the City's representative and Susan Neely continue as the
City's alternate representative.
Once the new Administrative Services Director begins, the Council may want to appoint that
individual as the representative and Brigit or Susan as the alternate.
The attached resolution appoints Brigit Tate as the City's representative and Susan Neely as the
City's alternate representative.
Res p ully su
Jim Hart
Administrative Services Director
JIi/dah
attachment
RESOLUTION NO. (?�`c)Y-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA APPOINTING A REPRESENTATIVE AND
ALTERNATE REPRESENTATIVE TO THE CALIFORNIA INSURANCE
AUTHORITY BOARD OF DIRECTORS.
WHEREAS, the City of Rancho Cucamonga (the City) is a party to the
Joint Powers Agreement creating the California Municipal Insurance Authority,
dated May 21, 1986, and as such a member entity of the California Municipal
Insurance Authority as that term is defined in the Joint Powers Agreement; and
WHEREAS, in order to transact business or vote on business of the
Joint Powers Authority, the City may appoint a representative and alternate
representative to the Board of Directors of the California Municipal Insurance
Authority.
NOW, THEREFORE, be it resolved that this Council hereby appoints
Brigit Tate to serve as City Representative and Susan Neely to serve as its
Alternate City Representative to the Board of Directors of the California
Municipal Insurance Authority.
RESOLVE further that the City Clerk be instructed to inform the
Secretary to the California Municipal Insurance Authority of the above
appointment by sending a copy of this Resolution to California Municipal
Insurance Authority's office.
PASSED AND ADOPTED THIS _ DAY OF , 1992.
C�
- - - -- CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992
TO: Mayor, Members of City Council, and
Jack Lam, AICP, City Manager
FROM: Jim Frost, City Treasurer
BY: Kathy James, Senior Account Technician
SUBJECT: APPROVAL TO ADOPT ANNUAL STATEMENT OF INVESTMENT
POLICY
RECOMMENDATION
Staff recommends the adoption of the annual Statement of Investment Policy for
the City of Rancho Cucamonga.
BACKGROUND
City Council adopted the Statement of Investment Policy in July 1987. However,
Assembly Bill 1073, which set up the requirement for the Statement, also mandated
that the Statement of Investment Policy be reapproved on an annual basis.
Respectfully submitted,
Treasurer
JF /KJ /dah
attachment
STATEMENT OF INVESTMENT POLICY
CITY OF RANCHO CUCAMONGA
PURPOSE
This statement is intended to provide guidelines for the prudent investment of the
City's temporary idle cash, and outline the policies for maximizing the efficiency of
the City's cash management system. The ultimate goal is to enhance the economic
status of the City while protecting its pooled cash.
OBTECTIVE
The City of Rancho Cucamonga operates its temporary pooled idle cash investment
under the Prudent Man Rule (Civil Code Section 2261, et seq .).• This affords the
City a broad spectrum of investment opportunities as long as the investment is
deemed prudent and is allowable under current legislation of the State of Califor:ria
(Government Code Section 53600, et seq.) and other legal restrictions as the City may
impose from time to time.
Investment may be made in the following media:
Securities of the U. S. Government, or its agencies
Small Business Administration Loans
Certificates of Deposit (or Time Deposits) placed with commercial banks
and /or savings and loan companies
Negotiable Certificates of Deposits
Banker's Acceptances
Commercial Paper
Local Agency Investment Fund (State Pool) Demand Deposits
Repurchase Agreements (Repos)
Passbook Savings Account Demand Deposits
Reverse Repurchase Agreements
Criteria for selecting investments and the order of priority are:
I. Safety. The safety and risk associated with an investment refers to the
potential loss of principal, interest, or combination thereof. The City only
operates in those investments that are considered very safe.
" The Prudent Man Rule states in essence, that "investing... property for the benefit
of another, a trustee shall exercise the judgement and care, under the circumstances
then prevailing, which men of prudence, discretion, and intelligence exercise in the
management of their own affairs..."
0Z
Statement of Investment Polity
Page 2
2. Liquidity. This refers to the ability to "cash in" at any moment in time
with minimal chance of losing some portion of principal or interest.
Liquidity is an important investment quality especially when the need for
unexpected funds occasionally occurs.
3. Yield. Yield is the potential dollar earnings an investment can provide,
and is sometimes described as the rate of return.
Safekeeping. Securities purchased from, brokers /dealers shall be held in third party
safekeeping by the trust department of our local bank or other designated third party
trust, in the City's control, whenever possible.
The City strives to maintain the level of investment of all funds as near 100% as
possible, through daily and projected cash flow determinations. Idle cash
management and investment transactions are the responsibility of the City
Treasurer and /or his appointed designee.
The City Treasurer shall be responsible for reviewing and modifying investment
guidelines as conditions warrant and submit same for reapproval to the City
Council on at least an annual basis. However, the City Treasurer may, at any time,
further restrict the items approved for purchase as deemed appropriate.
The basic premise underlying the City's investment philosophy is, and will
continue to be, to insure that money is always safe and available when needed.
,Tim Frost
'� City Treasurer
City of Rancho Cucamonga
13
CITI' OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992 i
TO: Mayor and Members of the City Council
PROM: Linda D. Daniels, Deputy City Manager
BP Olen Jones, Senior Redevelopment Analyst
SUBJECT: Approval of a Resolution authorizing the defeasance of certain i
obligations of the City of Rancho Cucamonga with a portion of the
proceeds from the Rancho Cucamonga Redevelopment Agency's
1990 Tax Allocation Bonds.
RECOMMENDATION: Adopt the attached resolution authorizing the defeasance
of City issued Certificates of Participation, using 1990 Redevelopment Agency
Tax Allocation Bond Proceeds.
BACKGROUND: In 1988, the City of Rancho Cucamonga issued $6,390,000 in
Certificates of Participation (COP's) to finance the purchase of the site for
Central Park. in 1990, the Redevelopment Agency issued $107,780.000 in Tax
Allocation Bonds to finance various redevelopment projects. Including the
Central Park project.
ANALYSIS: During the budget process for the Agency and City, Council /Agency
approved in concept the defeasance of the outstanding Certificates of
Participation. Since the inception of the Central Park project, it has been
identified as a Redevelopment Agency project. Therefore, monies from the
1990 Agency bond issue, allocated for Central Park, will be used for the
defeasance.
The attached resolution authorizes defeasance of the COP's and approves an
escrow agreement with Bank of America to provide for this transaction. Bond
Counsel has reviewed the documents and determined that this is a legal use of
the bond proceeds.
This item is also on the Redevelopment Agency consent calendar.
Respectfully submitted,
( r
Linda D. Daniels
Deputy City Manager ��,
RESOLUTION NO. qJ- ;t)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND
AUTHORIZING THE DEFEASANCE OF ITS OBLIGATIONS
WITH RESPECT TO CALIFORNIA CITIES FINANCING
CORPORATION'S $6,390,000 CERTIFICATES OF
PARTICIPATION, 1988 SERIES B WITH A PORTION OF
THE PROCEEDS OF THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY'S 1990 TAX ALLOCATION
BONDS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ESCROW AGREEMENT AND OTHER
MATTERS PERTAINING THERETO
WHEREAS, the City of Rancho Cucamonga (the "City ") has
heretofore participated in the execution, delivery and sale of the
California Cities Financing Corporation's $6,390,000 initial aggre-
gate principal amount Certificates of Participation, 1988 Series S
(the "1988 COPS ") a portion of the proceeds of which were to be
used by the City to finance certain library facilities to be
located within the City (the "Library Facilities "); and
WHEREAS, the City has determined that it is impracticable
to finance the Library Facilities with the proceeds of the 1988
COPS; and
WHEREAS, the Rancho Cucamonga Redevelopment Agency has
heretofore issued its $107,780,000 initial aggregate principal
amount Rancho Redevelopment Project 1990 Tax Allocation Bonds (the
"1990 Bonds ") a portion of the proceeds of which were to be used to
finance the Library Facilities; and
WHEREAS, the Agency has also determined that it has
become impracticable to use proceeds of the 1990 Bonds to acquire
the Library Facilities; and
WHEREAS, the Agency and the City have both determined
that it is in their beet interests to prepay the City's obligations
with respect to the 1988 COPS by defeasing the 1988 COPS with
proceeds of the 1990 Bonds which otherwise would have been used to
fund the Library Facilities; and
WHEREAS, there has been presented to this meeting a form
of Escrow Deposit and Trust Agreement which provides for the defea-
sance of the 1988 COPS with a portion of the proceeds of the 1990
Bonds;
NOW, THEREFORE, THE CITY OF RANCHO CUCAMONGA DOSS HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: Ayproval of Defeasance_ of 1988 COPS. The
City Council hereby approves and authorizes the use of the 1990
KAS121664
ZS
Resolution No,
Page 2
Bonds proceeds to prepay the City's obligations with respect to the
1988 COPS by defeasing such obligations pursuant to the Escrow
Agreement described below.
SECTION 2: Escrow Deposit and Trust Agreement. The form
of Escrow Deposit and Trust Agreement by and among the Agency, the
City and Bank of America National Trust and Savings Association, as
Escrow Bank (the "Escrow Agreement ") presented at this meeting is
hereby approved and the Mayor or any other member of the City
Council and the City Clerk are hereby authorized and directed, for
and in the name of and on behalf of the City, to execute,
acknowledge and deliver said Escrow Agreement in substantially the
form presented at this meeting with such insubstantial changes
therein as the officers executing the same may approve, such
approval to be conclusively evidenced by the execution and delivery
thereof.
SECTION 3: Appointment of Escrow Bank. Bank of America
National Trust and Savings Association is hereby appointed as
Escrow Bank pursuant to the Escrow Agreement, to take any and all
action provided for therein to be taken by the Escrow Bank.
SECTION 4: Other Acts. The officers and staff of the
City are hereby authorized and directed, jointly and severally, to
do any and all things, to execute and deliver any and all docu-
ments, which in consultation with staff and legal counsel, they may
deem necessary or advisable in order to accomplish the prepayment
of the 1988 COPS with a portion of the proceeds of the 1990 Bonds,
or otherwise to effectuate the purposes of this resolution, and any
and all such actions previously taken by such officers or staff
members are hereby ratified and confirmed.
SECTION 5: Effective Date. This resolution shall take
effect upon adoption.
PASSED, APPROVED, and ADOPTED this day of
, 1992.
AYES:
NOES:
ABSENT:
Dennis L. Stout, Mayor
OS121664
UP
Resolution No.
Page ?
ATTEST:
Debra J. Adams, City Clerk
1, DEBRA J. ADAMS, City Clerk of the City of Rancho
Cucamonga, California, do hereby certify that the foregoing
Resolution was duly passed, approved, and adopted by the City
Council of the City of Rancho Cucamonga, California, at a regular
meeting of said City Council held on the day of
1992.
Executed this day of , 1992 at
Rancho Cucamonga, California.
Debra J. Adams, City Clerk
v.�siziaec
Z1
DIJ &F7 7/29,92
ESCROW DEPOSIT AND TRUST AGREEMENT
by and between the
RANCHO CUCAMONGA REDEVELOPMENT AGENCY,
CITY OF RANCHO CUCAMONGA
and
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
Dated as of 1, 1992
Relating to
California Cities Financing Corporation
1988 Series B
$6,390,000 Certificates of Participation
"S 111462
TABLE OF CONTENTS
Section 1. Definition of Federal Securities . . . . . . . .
Section 2. Establishment of Escrow Fund . . . . . . . . . .
Section 3. Deposit into Escrow Fund; investment of Amounts .
Section 4. Instructions as to Application of Deposit . .
Section 5. Substitution or Withdrawal of Federal Securities
Section 6. Application of Prior Funds . . . - . . . . . .
Section 7. Application of Certain Terms of 1988 Trust
Agreement . . . . . • • • • • . • -
Section S. Compensation to Escrow Bank . . . . . . .
Section 9. Liabilities and Obligations of Escrow Bank . . .
Section 10. Amendment . . . . . . . . . . . . . .
Section 11. Merger or Consolidation . . . . . . . . . . . . .
Section 12. Execution, in Counterparts . . . . . . . . . . . .
Section 13. Applicable Law . . . . . . . . . . . . . . . . .
2
2
2
2
2
3
3
3
3
5
5
5
5
Exhibit A Schedule of Original Federal Securities . . . . . A -1
Exhibit B Payment and Redemption Schedule for 1988 COPS . . B -1
Exhibit C Scheduled Terms . . . . . . . . . . . . . . . . . C -1
QS 121462
ESCROW DEPOSIT AND TRUST AGREEMENT
This ESCROW DEPOSIT AND TRUST AGREEMENT (this "Agree-
ment") is made and entered into as of this 1st day of
1992, by and among the RANCHO CUC.. ^S40NGA REDEVELOPMENT AGENCY, a
public body, corporate and politic, duly organized and existing
under the laws of the State of California (the "Agency "), the CITY
OF RANCHO CUCAMONGA, a municipal corporation organized and existing
under the laws of the State of California (the "City ") , and BANK OF
AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking
association organized and existing under the laws of the United
States of America, acting as trustee for the 1988 COPS hereinafter
referred to and acting as escrow bank hereund -r fthe "Escrow
Bank ");
W I T N E S S E T H:
WHEREAS, for the purpose of providing for the financing
of certain capital improvements, the City has previously partici-
pated in the execution, delivery and sale of the California Cities
Financing Corporation's $6,390,000 initial aggregate principal
amount Certificates of Participation, 1988 Series B (the ^1988
COPS ") pursuant to a Trust Agreement dated as of October 1, 1988 by
and among Bank of America National Trust and Savings Association,
as trustee (the "Prior Trustee "), California Cities Financing
Corporation and the City (the "1988 Trust Agreement "); and
WHEREAS, the Agency has heretofore issued its
$107,780,000 initial aggregate principal amount Rancho Redevelop-
ment Project 1990 Tax Allocation Bonds (the 'Agency Bonds "), a
portion of the proceeds of which were to be used to finance certain
public improvements and it has become impracticable to use such
proceeds for such purpose; and
WHEREAS, the Agency and the City have determined that it
is in their best interests to provide for the prepayment and defea-
sance of the 1988 COPS with a portion of the proceeds of the Agency
Bonds; and
WHEREAS, the Agency, the City and the Escrow Bank wish to
enter into this Agreement for the purpose of providing the terms
and conditions relating to the deposit and application of moneys
and Federal Securities to provide for the defeasance of the 1988
COPS, pursuant to and in accordance with the provisions of Section
702 of the 1988 Trust Agreement;
NOW, THEREFORE, in consideration of the above premises
and of the mutual promises and covenants herein contained and for
other valuable consideration the receipt and sufficiency of which
are hereby acknowledged, the parties hereto do hereby agree as
follows:
KAS 121462
Section 1. Definition of Federal Securities. As used
herein, the term "Federal Securities" has the meaning ascribed to
such term in the 1988 Trust Agreement.
Section 2. Establishment of Escrow Fund. There is
hereby created the Escrow Fund to be held by the Escrow Bank as an
irrevocable escrow securing the payment of the 1988 COPS as herein-
after set forth. All cash and Federal Securities in the Escrow
Fund are hereby irrevocably pledged as a special fund for the
payment of the principal of and interest and premium on the 1988
COPS in accordance with the provisions of the 1988 Trust Agreement.
If at any time the Escrow Bank shall receive actual knowledge that
the cash and Federal Securities in the Escrow Fund will not be
efficient to make any payments required by Section 4 hereof, the
Escrow Bank shall notify the City and the Agency of such fact and
the City shall immediately cure such deficiency from any source of
legally available funds.
Section 3. Deposit into Escrow Fund; Investment of
Amounts. Concurrently with the receipt of a portion of the
proceeds of the 1990 Bonds, the City shall cause to be transferred
to the Escrow Bank for deposit into the Escrow Fund the amount of
$ in immediately available funds, which shall be derived
as follows: (a) $ shall be derived from the 1990 Bond
Proceeds; (b) $ shall be derived from amounts attributa-
ble to the 1988 COPS on deposit in the Reserve Fund established
under the 1988 Trust Agreement (the "Prior Reserve Pund ");
(c) $ shall be derived from the Lease Payment Account
established under the 1988 Trust Agreement (the "Lease Payment
Account "); and (d) $ shall b,, 'erived from the Acquisi-
tion Account established under the 1dd8 Trust Agreement (the
"Acquisition Account"). The Escrow Bank shall invest the moneys
deposited into the Escrow Fund pursuant to the preceding sentence
as follows: (a) $ shall be invested in the Federal
Securities set forth in Exhibit A attached hereto and by this
reference incorporated herein and (b) $ shall be held
uninvested as cash. The Federal Securities and cash shall be
deposited with and held by the Escrow Bank in the Escrow Fund
solely for the uses and purposes set forth herein. The Escrow Bank
shall have no lien upon or right of set off against the Federal
Securities and cash at any time on deposit in the Escrow Fund.
Section 4. Inatructions as to Ayo ication of Deposit.
The total amount of Federal Securities and cash deposited in the
Escrow Fund pursuant to Section 3 shall be applied by the Escrow
Bank for the sole purpose of paying the principal of and interest
on the 1988 COPS coming due and payable on September 1, 1992 and
March 1, 1993, and each September 1 and March 1 thereafter until
September 1, 1994; all at the times and in the amounts set forth in
Exhibit B attached hereto and by this reference incorporated
herein.
Section 5. substitution or withdrawal of Federal Securi-
t_iaa. The City may at any time provide written direction to the
KA5121462
Escrow Bank to substitute Federal Securities for any or all of the
Original Federal Securities then deposited in the Escrow Fund, or
to withdraw and transfer to the City any portion of the Federal
Securities then deposited in the Escrow Fund, provided that any
such direction and substitution or withdrawal shall be accompanied
by: (a) a certification of an independent certified public
accountant or firm of certified public accountants of favorable
national reputation experienced in the refunding of obligations of
political subdivisions, that the Federal Securities then to be so
deposited in the Escrow Fund together with interest to be derived
therefrom, or in the case of withdrawal the Federal Securities to
be remaining in the Escrow Fund following such withdrawal together
with the interest to he derived therefrom, shall be in an amount at
all times at least sufficient to make the payments specified in
Section 4; and (b) an opinion of Bond Counsel that the substitution
or withdrawal will not affect the exclusion from gross income for
federal income tax purposes of the interest on the 1988 COPS or the
1990 Bonds. in the event that, following any such substitution of
Federal Securities pursuant to this Section 5, there is an amount
of moneys or Federal Securities in excess of an amount sufficient
to make the payments required by Section 4, such excess shall be
paid to the City at its written direction accompanied by the
certification and opinion described in clauses (a) and (b),
respectively, above.
Section 6. Application of Prior Funds. The amount of
$ remaining on deposit in the Reserve Fund established
under the 1988 Trust Agreement, the amount of $ remaining
on deposit in the Lease Payment Account established under the 1988
Trust Agreement and the amount of $ remaining on deposit
in the Acquisition Account shall be withdrawn therefrom by the
Escrow Bank, in its capacity as trustee for the 1988 COPS and
transferred into the Escrow Fund.
Section 7. Application of Certain Terms of 1988 Trust
Agreement. All of the terms of the 1988 Trust Agreement relating
to the making of payments of principal of and interest and premium
on the 1988 COPS are incorporated in this Agreement as if set forth
in full herein.
Section 8. Compensation to Escrow Bank. The City shall
pay the Escrow Bank full compensation for its duties under this
Agreement, including out -of- pocket costs such as publication costs,
legal fees and other costs and expenses relating hereto and, in
addition, all fees, costs and expenses relating to the purchase of
any Federal Securities after the date hereof. Under no circum-
stances shall amounts deposited in or credited to the Escrow Fund
be deemed to be available for said purposes.
Section 9. Liabilities and Obligations of Escrow Bank.
The Escrow Bank shall have no obligation to make any payment or
disbursement of any type or incur any financial liability in the
performance of its duties under this Agreement unless the City and
the Agency shall have deposited sufficient funds therefor with the
[A51211,62
Escrow Bank. The Escrow Bank may rely and shall be protected in
acting upon the written instructions of the City or its agents
relating to any matter or action as Escrow Bark under this Agree-
ment.
The Escrow Bank may consult with counsel of its own
choice (which may be counsel to the Agency or the City) and the
opinion of such counsel shall be full and complete authorization to
take or suffer in good faith any action in accordance with such
opinion of counsel.
The Escrow Bank shall not be responsible for any of the
recitals or representations contained herein.
The Escrow Bank shall not be liable for the accuracy of
any calculations provided as to the sufficiency of the moneys or
Federal Securities deposited with it to pay the principal,
interest, or premiums, if any, on the 1988 COPS.
The Escrow Bank shall not be liable for any action or
omission of the City under this Agreement or the 1988 Trust Agree-
ment.
Whenever in the administration of this Agreement the
Escrow Bank shall deem it necessary or desirable that a matter be
proved or established prior to taking or suffering any action here-
under, such matter (unless other evidence in respect thereof be
herein specifically prescribed) may, in the absence of negligence
or willful misconduct on the part of the Escrow Bank, be deemed to
be conclusively proved and established by a certificate of an
authorized representative of the City, and such certificate shall,
in the absence of negligence or willful misconduct on the part of
the Escrow Bank, be full warrant to the Escrow Bank for any action
taken or suffered by it under the provisions of this Agreement upon
the faith thereof.
The Escrow Bank may conclusively rely, as to the truth
and accuracy of the statements and correctness of the opinions and
the calculations provided, and shall be protected and indemnified,
in action, or refraining from acting, upon any written notice,
instruction, request, certificate, document or opinion furnished to
the Escrow Bank signed or presented by the proper party, and it
need not investigate any fact or matter stated in such notice,
instruction, request, certificate or opinion.
The Escrow Bank may at any time resign by giving written
notice to the City and the Agency of such resignation. The City
shall promptly appoint a successor Escrow Bank by the resignation
date. Resignation of the Escrow Bank will be effective upon
acceptance of appointment by a successor Escrow Bank. If the City
does not appoint a successor, the Escrow Bank may petition any
court of competent jurisdiction for the appointment of a successor
Escrow Bank, which court may thereupon, after such notice, if any,
as it may deem proper and prescribe and as may be required by law,
"S 121162
appoint a successor Escrow Bank. After receiving a notice of
resignation of an Escrow Bank, the City may appoint a temporary
Escrow Bank to replace the resigning Escrow Bank until the City
appoints a successor Escrow Bank. Any such temporary Escrow Bank
so appointed by the City shall immediately and without further act
be superseded by the successor Escrow Bank so appointed.
The City covenants to indemnify and hold harmless the
Escrow Bank against any loss, liability or expense, including legal
fees, incurred in connection with the performance of any of its
duties hereunder, except the Escrow Bank shall not be indemnified
against any loss, liability or expense resulting from its negli-
gence or willful misconduct.
Section 10. Amendment_. This Agreement may be amended by
the parties hereto, but only if there shall have been filed with
the Agency, the City and the Escrow Bank a written opinion of Bond
Counsel stating that such amendment will not materially adversely
affect the interests of the owners of the 1980 COPS or the 1990
Bonds, and that such amendment will not cause interest on the 1988
COPS or the 1990 Bonds to become includable in the gross incomes of
the owners thereof for federal income tax purposes.
Section 11. Meraer or Consolidation. Any company into
which the Escrow Bank may be merged or converted or with which it
may be consolidated or any company resulting from any merger,
conversion or consolidation to which it shall be a party or any
company to which the Escrow Bank may sell or transfer all or
substantially all of its corporate trust business, shall be the
successor to the Escrow Bank and vested with all of the title to
the trust estate and all of the trusts, powers, discretion, immuni-
ties, privileges and all other matters as was its predecessor,
without the execution or filing of any paper or further act, any-
thing herein to the contrary notwithstanding.
Section 12. Execution in Count arts. This Agreement
may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same
instrument.
Section 13. Apolicable Law. This Agreement shall be
governed by and construed in accordance with the laws of the State
of California.
"S12i<a2
IN WITNESS WHEREOF, the Agency, the City and the Escrow
Bank have each caused this Agreement to be executed by their duly
authorized officers all as of the date first above written.
RANCHO CUCAMONGA REDEVELOPMENT
AGENCY
By:
Executive Director
CITY OF RANCHO CUCAMONGA
By:
City Manager
BANK OF AMERICA NATIONAL TRUST
AND SAVINGS ASSOCIATION, as
Escrow Bank
By:
Senior Authorized Officer
"SI21462
EXHIBIT A
SCHEDULE OF ORIGINAL FEDERAL SECURITIES
[to come]
"S121462
EXHIBIT B
PAYMENT SCHEDULE OF 1988 COPS
Payment
Date
Interest
Principal
Total
9/1/92
$116,782.50
$1,090,000
$1,206,782.50
3/1/93
81,357.50
0
81,357.50
9/1/93
81,357.50
1,165,000
1,246,357.50
3/1/94
42,330.00
0
42,330.00
9/1/94
42,330.00
1,245,000
1,287,330.00
IUS12146i
U11 Ur KANUHU UUUAMUNUA
STAFF REPORT
DATE: August 7, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Linda D. Daniels, Deputy City Manager
BY: Dale Catron, City Facilities Supervisor
SUBJECT: APPROVAL OF HVAC SERVICE CONTRACT FOR THE CIVIC
CENTER / FISCAL YEAR 92/93
RECOMMENDATION
That the City Council approve a maintenance agreement with Robertshaw
Controls for the City Hall and Public Safety facilities in the amount of
$22,130.00, for fiscal year 92 -93.
BACKGROUND/ ANALYSIS
Robertshaw Controls did the original installation of the HVAC controls,
including the Energy Manangement System for this facility. The contractor
has demonstrated the ability to provide cost efficient, prompt and effective
maintenance and repair of the Heating, Ventilation and Air Conditioning at
the Civic Center. The contractor also continues to recommend and
implement ways to increase energy efficiency and reliability at no additional
cost to the City.
Respectfully submitted, ,
Linda D. Daniels
Deputy City Manager
LDD:dbc /ac
92
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Jeff Barnes, Parks and Landscaping Maintenance
Superintendent
SUBJECT: APPROVAL TO AUTHORIZE THE MAYOR TO EXECUTE THE PROPOSAL FROM
TERRY WOLFE OF TERRY'S FIREPLACE TO PURCHASE BULK WASTEWOOD FROM
THE CITY OF RANCHO CUCAMONGA
It is recommended that the City Council approve the execution of the proposal
from Terry Wolfe of Terry's Fireplace, 8486 Lemon Grove Drive, Rancho
Cucamonga, to purchase bulk wastewood from the City of Rancho Cucamonga. The
wastewood will be purchased by Terry's Fireplace for $25.00 per 10 cubic yards
delivered on site to 6350 North Etiwanda Avenue, Rancho Cucamonga.
BACKGROUND /ANALYSIS
Over the last few years the City Maintenance staff has significantly reduced
the amount of greenwaste going to local landfills by paying a recycler to haul
the material to their processing sites. As an added benefit, the recyclers
hauling fees are slightly less than the landfill tipping fees, so we are
recycling and saving money.
In an effort to further our stewardship of this resource, we have been
contacted by a local firewood dealer who is willing to purchase the bulk
wastewood generated from City tree pruning and removal operations. The
revenue obtained through the sale of the wood will be returned to the General
Fund or the Landscape Maintenance Assessment District where the tree
maintenance occurred. These funds would then be available to offset future
tree maintenance operations.
The City and contract tree maintenance crews will continue to honor ci`,izvn
requests to leave firewood in their parkway when pruning or tree removals
occur in front of their residence.
CITY COUNCIL STAFF REPORT
TERRY WOLFE
August 19, 1992
Page 2
The City currently generates an average of 240 cubic yards of wastewood a
month. This translates to an estimated $7,200.00 a year of revenue earned
through the sale of the wastewood at the proposed purchase price.
Additionally, the City would save an estimated $13,000.00 a year in recycler
hauling fees.
The City Attorney has reviewed this agreement.
Respectfully submitted,
William J. O'Neil`
City Engineer
WJO:JB:dlw
W
-- Cl Y" OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992 `
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Linda Beek, Jr. Engineer
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR
CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT VINEYARD
AVENUE AT ARROW ROUTE, TO MACADEE ELECTRICAL CONSTRUCTION FOR
THE AMOUNT OF $72,208.00 ($65,644.00 PLUS 10% CONTINGENCY), TO
DE FUNDED FROM TDA ARTICLE 8 FUND ACCOUNT NO. 12- 4637 -9102
RECOMMENDATION:
It is recommended that the City Council accept all bid proposals as received,
award and authorize execution of contract for construction of Traffic Signals
and Safety Lighting Project to the lowest responsive bidder, Macadee
Electrical Construction, for the amount of $65,644 -00, authorize the
Administrative Services Director to expend $72,208.00 ($64,644.00 plus 10%
contingency) to be funded from TDA Article 8 Fund Account No. 12- 4637 -9102.
BACKGROUND /ANALYSIS
Per previous Council action, bids were solicited, received and opened on June
9, 1992, for the subject project. Macadee Electrical Construction is the
apparent lowest responsive bidder with a bid amount of $65,644.00 (see
attached bid summary) . The budget estimate was $134,000.00 (includes Design
and Construction Engineering). Staff has reviewed all bids received and found
them to be complete and in accordance with the bid requirements. Staff has
completed the required background investigation and finds all bidders to meet
the requirements of the bid documents.
Respectfully submitted,
V7
William J. O'Neil._
City Engineer
WOO: LB: sd
Attachment
cc: Purchasing
—i
N
CITY OF RANCUO CUCAMONGA
SUMMARY OF PROPOSALS
TRAFFIC SIGNALS AND SAFETY LIGHTING A'V VINEYARD A VENUR AT ARROW ROUT K
Budget Fstimale $134,000.00 (includes design and construction engineering) Rid Opening: 6/9192
fvlacadee Elea. Coast
Antelope Valley Sigurd
Hovey Electric, Inc.
Item
Item
Unit of
Estimated
Unit Amount
Unit Anmun(
Unit
Amount
No.
Description
Measure
Quantity
Prices
Prices
Prices
1
Traffic Signal & Safety
Lighting at Vineyard
Avenue at Avow Route
LS
1
65 644.0 S65 644.(X)
72495.0 $72A95.00
S74,131-(X)
$74.13 L(A)
Paul Gardner Corp.
Signal Mainz Inc,
Sierra Pacific Elea.
Item
Item
Unit of
Estimated
Unit Amount
Unit Amount
Unit
Amomrt
No.
Description
Measu. -e
Quantity
Prices
Prices
Prices
I
Traffic Signal & Safety
Lighting at Vineyard
Avenue at Arrow Route
LS
1
S74367.00 S74,367.00
S75.320.00 S75320 W
S75.6580)
S75,08-00
Stieny & Cc, Inc.
DBX Incorporated
U & V Electric
Item)
Item
Unit of
Estimated
Unit Amount
Unit Amount
Unit
Amount
No.
Description
Measure
Quantity
Priem
Prices
Prices
1
Traffic Signal & Safety
Lighting at Vineyard
Avenue at Arrow Rmne
LS
I
$76 8O0.(X) $76,8(X)-00
S79 (XX).00 '79 0(X) W
SRI 2000)
SS 1,200 W
Kunerl Electric
Item
Item
Unit or
Estimated
Unit Amount
No.
Description
Measure
Quantity
Prices
I
Traffic Signal & Safety
Lighting at Vineyard
Avenueat Arrow Route
LS
1
584.676.00 584.676.00
CITY CF RANCIIO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992;`
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Mike Olivier, Senior Civil Engineer
SUBJECT: APPROVAL AND EXECUTION OF CONTRACT CHANGE ORDER NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH PARSONS, BRINKERHOFF, QUAID
AND DOUGLAS, INC. C.O. 89 -001, INTERSTATE 15 AND FOOTHILL
BOULEVARD INTERCHANGE MODIFICATION, ACCOUNT NO. 16 -50300 FOR
DESIGN CHANGES AND ADDITIONAL DESIGNS
RECOMMENDATION
Approval and execution of Change Order No. 3 for the Professional Services
Agreement with Parsons, Brinkerhoff, Quaid and Douglas. Said change will
increase the consulting firm's contract by $67,610.00 to $324,310.00, funded
by RDA Account No. 16- 50300.
BACKGROUND /ANALYSIS
On January 4, 1989, Parsons, Brinkerhoff, Quaid and Douglas was engaged by the
City to prepare and submit to the City and Caltrans plans, specifications and
estimates for the above stated project. Since that time the Consultant has
submitted preliminary plans to the City and Caltrans for review and comment
prior to request for permit.
Initially Caltrans had requested some redesigns which were the result of
litigation issues not addressed in early stages, plus additional widenings not
covered in the original project scope. The engineering consultant was
requested by staff to include modifications to the ramp area requested by an
adjoining developer to be included in submittals. After submittal to
Caltrans' Sacramento office for a first review, additional concept changes
were required. Eight alternatives were developed by PBQ 8 D in an attempt to
reach a compromise with Caltrans.
The eight alternates were discussed at various meetings with Caltrans and a
compromise design has been reached.
Change Order No. 3 compensates the consultant for modifying the plans and
specifications to meet the compromise alignment and Caltrans standards. This
work will provioe us with final plans and specifications which will be
submitted to Caltrans for approval.
CITY COUNCIL STAFF REPORT
August 19, 1992
Page 2
Engineering staff recommends approval of Change Order No. 3 in the amount of
$67,610.00 to be funded from RDA Account No. 16- 50300.
Respectfully submitted,
William J. O'Nei�
City Engineer
WJO:MO:sd
4q
- - -- -- CITY OF RANCHO CUCANIONGA
STAFF REPORT
C \
�r
DATE:
August 19,
1992
TO:
Mayor and Members of
the City Council
FROM:
Rick Gomez,
Community
Development Director
BY: Tarry Smith, Community and Park Development
Superintendent
SUBJECT: APPROVAL TO EXECUTE AGREEMENTS FOR THE INSTALLATION OF
STREET IMPROVEMENTS AND DEDICATION OF EASEMENTS NEAR
ARROW ROUTE AND ROCHESTER AVENUE FOR THE FOLLOWING
PROPERTIES, L.S.H., MASI, SOUTHERN CALIFORNIA EDISON, AND
LEWIS HOMES
RECOtMtENDATION
It is recommended that the City Council adopt the attached
Resolution approving the Dedication of Easements for installation
of street improvements and widening of the right -of -way on
Rochester Avenue and Arrow Route.
BACKGROUND /ANALYSIS
Staff is requesting approval of the attached agreements for Road
Improvement Dedication and Drainage. Staff has negotiated these
agreements with the property owner, which include such improvements
as curb and gutter, street lights, paving, sidewalk, traffic
signals, and other related work,
The properties involved are as follows:
1. Southern California Edison Co. - Easement includes dedication
of right -of -way along a portion of the east side of Rochester
Avenue, corner cut -off and partial dedication along the north
side of Arrow Route.
2. L.S_H, Development Coro. - Easement includes dedication of
right -of -way for a corner cut -off at the southwest corner of
Rochester Avenue and Jack Benny Drive.
3. Masi Commerce Center Partner_g - Easements include dedication
of right -of -way along the west side of Rochester Avenue, south
of Foothill Boulevard, and dedication of a drainage easement
along the southern portion of the property, north of the
Sports Complex and west of Rochester Avenue.
CITY COUNCIL STAFF REPORT
RE: DED. OF EASEMENTS
August 19, 1992
Page 2
Lewis Homes Management Corp - Easement includes dedication of
la drainage easement along the southern portion of the property
north 0o hill Boulevard and west of Rochester Avenue.
$Ct submitted,
k (yomez
mupitylDevelopment Director
,..
TLSlko
Attachment: Resolution of Approval
4V
RESOLUTION NO. '74 - 4a �
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
DEDICATION OF EASEMENTS FROM LEWIS HOMES
MANAGEMENT CORPORATION, L.S.H. DEVELOPMENT
CORPORATION, MASI COMMERCE CENTER PARTNERS,
AND SOUTHERN CALIFORNIA EDISON COMPANY
WHEREAS, the City of Rancho Cucamonga, California has
established requirements for construction of road improvements in
conjunction with the Sports Complex and Animal Shelter project
along Rochester Avenue and Arrow Route; and
WHEREAS, L.S.H. Development Corporation, Southern
California Edison Company, Masi Commerce Center Partners, and Lewis
Homes Management corporation have agreed to dedicate road easements
to the City of Rancho Cucamonga for said improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City of Rancho
Cucamonga, California, does hereby accept the agreements referred
to herein, copies of which are attached hereto as Exhibit "A ", and
hereby directs the City Clark to record same in the office of the
County Recorder of San Bernardino County, California.
91
RECOMIENDATION
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND /ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 12332 -2 were approved
by the City Council on January 19, 1989, in the following amounts:
Faithful Performance Bond: $1,381,000
Labor and Material Bond: $ 690,000
The developer, M.J- Brock, is requesting approval of a 6 -month extension
on said improvement agreement in order to complete the construction of
the sidewalk, drive approaches, and the installation of the street
trees. Copies of the Improvement Agreement Extension are available in
the City Clerk's office.
Respectfully submitted,
r—�
William J. O'Neil
City Engineer
WJO:SMG:sd
Attachments
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE:
August 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
I.I�
SUBJECT:
APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT
12332 -2, LOCATED ON THE SOUTHEAST CORNER
OF HAVEN AVENUE
AND TACKSTEM PLACE, SUBMITTED BY M.J. BROCK
RECOMIENDATION
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND /ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 12332 -2 were approved
by the City Council on January 19, 1989, in the following amounts:
Faithful Performance Bond: $1,381,000
Labor and Material Bond: $ 690,000
The developer, M.J- Brock, is requesting approval of a 6 -month extension
on said improvement agreement in order to complete the construction of
the sidewalk, drive approaches, and the installation of the street
trees. Copies of the Improvement Agreement Extension are available in
the City Clerk's office.
Respectfully submitted,
r—�
William J. O'Neil
City Engineer
WJO:SMG:sd
Attachments
M J 911ck & Sons. Inc
Cr C.�r;x
11, 7 • )
July 22, 1992
MR. STEVE GILLILAND
CITY OF RANCHO CUCAMONGA
10500 civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
Re: Extension of Improvement Agreement for Tract 12332 -2
Dear Mr. Gilliland:
M.J. Brock & Sons, Inc., requests a six (6) month extension of
the above- referenced Improvement Agreement to allow for the
completion of sidewalk and drive approaches and installation of
street trees in tract 12332 -2 per the Agreement.
In accord with your recent letter regarding the expiration of the
Agreement, enclosed is the acknowledged Improvement Agreement
Extension form executed in triplicate together with a check in
the amount of $251.00.
Please process this request at the earliest possible date to
facilitate compliance with City requirements. Do not hesitate to
contact the undersigned should you have any questions concerning
this matter.
SS/1i ^nc�e ^rely
IY�./v` O
Mike Altenhofel
Project Manager
MA /js
Enclosures
49
RESOLUTION NO. 9a- JA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12332 -2
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on August 19, 1992, by M.J- Brock as developer, for the improvement
of public right -of -way adjacent to the real property specifically described
therein, and generally located an the southeast corner of Haven Avenue and
Tackstem Place; 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 Tract 12332 -2; 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.
$-O
CEDIINANCE NO. 499
AN CMINANCE OF THE MY COMM OF THE CITY OF RAMM
CEXWCMA., allJFOZTIA, APPMVIM DEVELOPMENT DLSRtICf
AM EKER NO. 89 -07, AMENDING THE DMMDPKRU DISIMCfS
MAP FROM "IM" LCW- nI4 RESIDENTIAL (4-8 DWELLMiG UN=
PER ARE) TO 'TY' MEDIUM RFSI MMAL (8 -14 MULINC' UNM
PER ACRE) FOR 5 ACRES OF LqM LOCATED Cri THE NORM SIDE
OF RASE LLNE ROAD, WEST OF ALTA CEMMA DRIVE AND M XW
FMINGS IN SUPPOT TMMMF - APN: 202 - 025 -01, 4, 7, 8,
12, 13, AND 14.
FM
(i) Southwest Design Group has filed an application for
Development District Amezr2 ent No. 89 -07 as described in the title of this
Ordinance.
(ii) On June 10, 1992, the Planning omission of the City of
Ran ho aremmsa co ducted a duly noticed public hearing with respect to the
above referenced Development District Amendment. Followirxg the conclusion of
said public hearing, the Planning Omni ion adapted Resolution No. 92-84,
thereby reo mnend ng that the City Council adapt Development District
Anan rent No. 89 -07.
(iii) On August 5, 1992, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing and concluded said hearing
prior to adoption of this Ordinance.
E. d$
NOW, UMMEMM, the City Council of the City of Rancho Cucamonga does
hereby find, determine and ordain as follows:
SELTIC'N 1: This Council hereby specifies and finds that all of the
facts set forth in the Facitals, Part A, of the Ordb x" are true and
correct.
M 2: Based upon [ibsFant' 1 evidence presented to this
Council during the ab» referencad public hearing on August 5, 1992,
including written and oral staff reports, together with public testimony, this
Council hereby specifically finds as follows:
a. The application applies to approximately 5 acres of
land located on the north aide of Base Line Road, between Alta Cuesta [hive
and Tanylelood Avenue, and is presently improved with 3 single family homes
and a large number of mature trees; and
b. The properties to the north and west of the subject
site contain aulti- family housing within the City of Upland; the property to
the south consists of single family attached housing; and the property to the
oast is a flood control channel; and
Si
Ordin>anoe No. 499
Page 2
C. Tihe application is associated with Tentative Tract No.
14208, an application proposing 32 Condominium units an 3 acres of the
subject property, resulting in a density of 10.7 dwellirg units per acre; and
d. The subject property is currently designated low-
Medium Residential (4 -8 ch+ellirg units per acre) on the Development Districts
Map, and the General Plan designation is Medium Residential (8-14 dwelling
units per acre) .
SM=CN 3: This council hereby finds and certifies that the project
has been reviewed and considered in ocupl.iance with the Califrnia
Environmental Quality Act of 1970, and further, this Council hereby issues a
Negative Declaration.
a. That the subject property is suitable for the uses
permitted in the proposed district in terms of access, size, and compatibility
with WaSUM land use in the m,rraudiM area; and
b. That the proposed Development District Amni meant Wuld
not have significant adverse ivpncts on the environment nor the surrounding
properties; and
C. That the proposed amaduoaut is in oonfcemanoe with the
General Plan.
SHCPICN 5: The City Council of the City of Rancho Cucamcga hereby
approves Development District Amahbnent No. 89-07 charging the district
designation from "IM" low- Madium Residential (4-8 dealli g units per arse) to
"M" Medium Residential (8 -14 dwelling units per acre) for those properties
located m the north side of Hale Line Arad adjacent to the Upland city limit
with a street frontage of 447 feet and a lot depth of 496 feet. (ARM. 202-
025-01, 4, 7, 8, 12, 13, and 14 as depicted in the attached Ddhibit e1. ")
SHCPICti 6: Ths City Clark shall certify as to the adoption of this
Ordirnalre and shall cause the same to be published within 15 days after its
passage at least ones in the Inland Valley Daily Bulletin, a nnawepOW of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho ate, California.
s�2
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7Y OF RANCHO. CUCAMONGA fit: nrer�� , d
PLANNING DIVISION
7TILEJa¢cersti Yn p �_ N
EXHIBIT: SCALE: —
L
YU 1 n r' • I
�� •'•J F N' •' 11 M •• MI • 11 M •'
N • • Y' • 1] ill p • V 1. 1 •' 1 1'
• • N Y' • !� Y1" NI' •ll 9
M. V IV N I�
The City Camoil of the City of Rancho CUC=M9a does hereby,
ordain as follows:
S=CN l: SFS.^ , 3.:.3.030 of `;< Ran:mo Qxammya Mmlcipal
Code is hereby amended to add a ,hew SilaeckiCn 3.08.O90(k), to be lead, in
words and figures, as follows:
Products of a F.. If a proposed purchase involves goods, equipment Cr
assembled f the ique and complex � and/or must be manufactured or
insect of the City, the purchasing agent may, in
place of formal bidding proosduaes, institute wocurament by a process of
sealed formal proposals and oapetitive negotiations. The City m ager or his
or her designee must approve of such purchasing procedure and Puxc3heses.n
SFSCPLCK 2: The City Cbwhcil declares that should
provisions, section, sentence or work of this Crdi+anos be rendered ar
declared invalid by any final oast action in a coat of coupetent
Jurisdiction, or by reason of any pre, equtive legislation, the remaining
provisions, sections, sentences and words of this Ordinance shall remain in
full force and affect regardless of such court action or legislation.
.S=CN 3: The City Clark shall certify to the
on of
this OrdirmM arcs cause the same to be published within fifteen days
after its passage at least once in the lt: u w ily .nl i , a
newspaper of general circulation published in the City of Cintario, California,
and circulated in the City of Rancho axamrrga, Cellforrda.
rsy
CIDINANCE NO. 39-0
•'S• I n Y • 1 I Y as MI • 1 1' M
'• • • Y • C . I . . ID I. 1 AMM.Y •
1 1 1 • L I' Z � '• • • Y' • C' Y ••1
• 7 •J I 1 1' 1 1 Y•1 • IJ. •. Y }yV I M
L• }iL
A.
The City C==l of the City of Rapcilo grasp does hereby
find, determime and ordain as follows:
SFXTXN 1: Section 10.52.020 of the Rands OX=xKja City Code
is hereby a=KW to read, in words and figures, as follows:
"10,52,020 Tim" limit mrkim zcms. Time limit parking Zones
as 24- minrte, 40- mumte, ors hour, tw -hue, etc. shall be indicated by
posting the appr'opr'iate sign(s) or by green paint u>pm the tap of all ash in
said zmse. The sign or green pairlt shall mean no standing Cr parking for a
period of time longer than indicated at any time between 9:00 AN and 610o pM
m any day emoept Slydays and holidays. (Ord 39 14.1, 1978)."
S=CN 2• The City Clerk shell Certify to the peseage of this
Ordinance and stall cause the same to be published as required by lawn.
SNCPICN 3: The Mayor stall sign this Ordumn os, and the City
Clerk shall cause the same to be published within fifteen (15) days after its
passage at least nice in the Inland Valley Daily Wllftin, a newspaper of
general circulation published in the City of Ontario, Oalifcrnia, and
circulated in the City of Rancho ommn ga, California.
SS
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Scott Murphy, Associate Planner
SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT 85 -04 - ETIWANDA
HISTORICAL SOCIETY /CITY OF RANCHO CUCAMONGA - A request to
construct a 2,500 square foot barn on the Chaffey- Garcia
site to be used as a museum and caretaker's residence on a
1 -acre site in the Low- Medium Residential (4 -8 dwelling
units per acre) district of the Victoria Planned
Community, located on the west side of Etiwanda Avenue,
north of Base Line Road - APN: 227- 513 -05.
RECO!lCKI1DATIOI1
The Planning Commission recommends that the City Council approve the
modification to Conditional Use Permit 85 -04 through adoption of the
attached Resolution.
MCWROUND
In 1984, the City entered into an agreement with the Etiwanda Historical
Society allowing the relocatiin and restoration of the Chaffey - Garcia
house on a City -owned lot on Etiwanda Avenue. Under the terms of this
agreement, all plans submitted by the Society for the site require
review and approval by the City Council.
DISCUSSION
In 1985, the Planning Commission approved the original plans for the
relocation of the Chaffey- Garcia house and the master plan containing
the future area for the construction of a barn. Because the building
elevations were not approved with the master plan, the plans require
review and approval at this time.
In reviewing the plans submitted, the Planning Commission found that the
re- creation of the barn would reinforce the historic character of the
Chaffey - Garcia house and site. Additionally, they determined that the
barn plans were in substantial compliance with the original master plan
approved in 1985. Therefore, the Planning Commission recommended
CITY COUNCIL STAFF REPORT
CUP 85 -04 - ETIWANDA HIST. SOCIETY
August 19, 1992
Page 2
approval of the barn subject to a few minor details being worked out
with staff that will further define the time period being re- created.
The July 22, 1992, Planning Commission Staff Report and Minutes are
attached.
This item has been advertised as a public hearing in the Inland Valley
Daily Bulletin newspaper, the property has been posted, and notices were
sent to the adjacent property owners Within 300 feet of the project.
Respe y submitted,
�f
Brad u ler
Cit Planner
BB:SM /jfs
Attachments: Exhibit "A" - Planning Commission Staff Report dated
July 22, 1992
Exhibit "B" - Planning Commission Minutes dated
July 22, 1992
Exhibit "C" - Planning Commission Resolution Recommending
Approval
Resolution Approving the Modification to Conditional Use
Permit 85 -04
S1
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: July 22, 1992
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Scott Murphy, Associate Planner
SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT 85 -04 - ETIWANDA
HISTORICAL SOCIETY /CITY OF RANCHO CUCAMONGA - A request to
construct a 2,500 square foot barn on the Chaffey- Garcia site
to be used as a museum and caretaker's residence on a 1 acre
site in the Low- Medium Residential designation (4 -8 dwelling
units per acre) of the Victoria Planned Community, located an
the west side of Etiwanda Avenue, north of Base Line Road -
APN: 227- 513 -05.
PROJECT AND SITE DESCRIPTION:
A. Action Requested by Applicant: Approval of Site Plan, Landscape
Plan, and Building Elevations.
B. Surrounding Land Use and Zoning:
North - Church; Victoria Planned Community, Low- Mediuc,
Residential (8 -14 dwelling units per acre)
South - Single Family Residential; Victoria Planned Community,
Low - Medium Residential (4 -8 dwelling units per acre)
East - Vacant; Etiwanda Specific Plan, Low- Medium Residential
(4 -8 dwelling units per acre)
West - Single Family Residential; Victoria Planned Community,
Low - Medium Residential (4 -8 dwelling units per acre)
C. General Plan Designations:
Project Site - Low Residential (2 -4 dwelling units per acre)
North - Low Residential
South - Low Residential
East - Low - Medium Residential (4 -8 dwelling units per acre)
West - Medium- Residential (8 -14 dwelling units per acre)
D. Site Characteristics: The site presently contains the Chaffey-
Garcia House, a gravel parking area, several mature trees along the
street, and relatively young trees along the south and west
boundaries.
S8
PLANNING COMAfISSIO .TAFF REPORT
CUP 85 -04 - ETIWANDA HISTORICAL SOCIETY
July 22, 1992
Page 2
ANALYSIS
A. Background: In 1984, the City designated the Chaffey- Garcia House
as a local landmark, to commemorate the achievements and
accomplishments of the Chaffey brothers and the impact they had on
the City of Rancho Cucamonga. Because of impending development in
the area of the original site, iow ewer, a suitable site had to be
found for the house relocation. After some searching, a lot in
Etiwanda was donated to the City by the William Lyon Company for
the relocation and the house was donated to the City by Lewis
Homes. Prior to the relocation of the house, the City and the
Etiwanda Historical Society entered into an agreement that would
allow for the restoration of the house and its use as a museum to
display artifacts and memorabilia. The agreement allows the
Society to complete improvements as funds become available. A
condition of the agreement requires the final barn plans to be
approved by the City Council. As a result, the Commission's action
will be in the form of a recommendation to the City Council.
On February 27, 1985, Planning Commission originally approved
Conditional Use Permit 85 -04 for the relocation of the Chaffey -
Garcia house from its location at East and Summit Avenues to its
current location on Etiwanda Avenue. In addition to the relocation
of the house, the Planning Commission also approved a Master Plan
for the site providing for the future construction of a barn on the
western half of the property.
B. General: While the Commission did approve the Master Plan for the
future barn construction, the specific design of the barn was not
available for review. Partially because of the $100,000.00
contribution by Foothill Marketplace Partners (Wattson Company),
adequate funds are now available for the barn construction. As a
result, the final design of the harp is now being submitted for
consideration. The construction of the 2,500 square foot barn will
provide a site that is consistent with the original site on which
the Chaffey- Garcia House was located, thereby reinforcing the
historic character of the house. Further, the barn design is
consistent with the character of the original barn. Additionally,
landscaping (citrus trees, grapevines, etc.) will be installed to
reinforce the agricultural roots of the community. The one bedroom
residential unit on the upper floor of the barn will be used as a
caretaker's residence to provide security for the site.
C. Design Review Committee Comments: The Design Review Committee
(McNeil, Chitica, Coleman) reviewed the proposal on June 18,
1992. At that time, the Committee recommended approval of the
project subject to the following comments:
1. The use of chain link fencing with oleanders was acceptable
along the south side of the parking lot.
59
PLANNING COMMISSIO. .TAFF REPORT
CUP 85 -04 - ETIWANDA HISTORICAL SOCIETY
July 22, 1992
Page 3
2. The doors on the south elevation, should receive a decorative
finish, such as applying a 1 -inch x 12 -inch board on the door
with 1 -inch x 8 -inch surrounds to match doors on the other
three elevations.
3. A security gate should be provided at the bottom entrance to
the stairs.
D. Environmental Assessment: Conditional Use Permit 85 -04 was
originally approved by the Planning Commission on February 27,
1985, and a Negative Declaration was issued for the project. As
part of this approval, plans for the barn at the rear of the
property were considered in approving a master plan for the site.
Because the application was in substantial conformance with the
master plan, the Negative Declaration issued for the original
Conditional Use Permit adequately addressed the environmental
impacts of the project. Therefore, no additional environmental
assessment is required.
FACTS FOR FINDINGS: The project is consistent with the General Plan,
the Development Code, and the Victoria Planned Community. The project
will not be detrimental to adjacent properties or cause significant
adverse environmental impacts. In addition, the proposed use and site
plan, together with the recommended conditions of approval, are in
compliance with all applicable provisions of the Victoria Planned
Community, the Development Code, and City standards.
CORRESPONDENCE: This item has been advertised in the Inland Valli
Daily Bulletin as a Public Hearing, notices were sent to all property
owners within 300 feet of the site, and the site was posted.
RECOMMENDATION: Staff recommends that the Planning Commission recommend
approval of the Modification to Conditional Use Permit 85 -04 to the City
Council through adoption of the attached Resolution.
;e9pe l ly ra le, it Planner
BB:SM: j
Attachments: Exhibit "A" - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Landscape Plan
Exhibit "D" - Building Elevations
Resolution Recommending Approval
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t e have been occasions where a developer was permitted to use landeca
mate 1 to screen. He felt that many times those people zeeponeibl or
mainta 'ng the landscaping do not understand the landscaping was into d to
Screen, d the landscaping is severely pruned with unfortunat visual
impacts. acknowledged that 120 feet is a long way, but he fel creeping
is important d he thought the block wall would be appropriate.
Chairman McNiel eed. He noted that a wrought iron fe with properly
maintained landscap may be more aesthetically pleasing t he noted that
trailers will be ato in the yard and he felt the so l' lock all would be
better.
Commissioner Tolstoy felt quate screening is cially important because
there is a change of use on t ther side of J y Boulevard.
Commissioner Valletta agreed with bloc 11.
Commissioner Melchor felt the use worthwhile and he commented he was
glad to see the property will impr He stated he supported the
Commieeion'a desire to screen h uses but suggested that the policy be
written to avoid misleading eveloper during planning process.
Motion: Moved by toy, seconded by Malche to issue a negative
declaration and a the resolution approving Condit i Use Permit 92 -19.
Motion carria he following vote:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, E
NO COMMISSIONERS: NONE
D. MODIFICATION TO CONDITIONAL USE PERMIT 85 -04 ETIWANDA HISTORICA
SOCIETY /CITY OF RANCHO CUCAMONGA - A request to construct a 2,500 square
foot barn on the Chaffey- Garcia site to be used as a museum and
caretaker's residence on a I acre site in the Law - Medium Residential
designation (4 -8 dwelling units per acre) of the Victoria Planned
Community, located on the west side of Etlwanda Avenue, north of Base Line
Road - ARM, 227- 513 -05.
Scott Murphy, Associate Planner, presented the staff report.
Commissioner Tolstoy asked if there had been a barn near the Chaffey Garcia
house at its original location.
Mr. Murphy responded affirmatively.
Commissioner Tolstoy asked if the plans were similar to the original barn.
Mr. Murphy stated the plans were as close as possible according to the details
available.
Planning Commission Minutes 69-1 July 22, 1992
bS
Jim Banks, 10788 Civic Center Drive, 1108, Rancho Cucamonga, stated he was
speaking on behalf of the Etiwanda Historical Society as Jim Clark could not
be at the meeting. Mr. Bank. said the Historical Society agreed with the
report and conditions.
Cammiseionec Toletoy naked who would build the barn.
Mr. Banks stated the job would have to go out to bid because it is considered
a public works project. He said that although the Society members do small
jobs all the time, the barn will Se built by a contractor.
Commissioner Belcher asked when the parking lot will be built
Mr. Banks stated they have wanted to build the parking lot for a long time and
it would be a logical flow for it to be constructed right after the barn. He
said the reconstruction of the inside of the house is on track and they are
about to publish a notice to invite reconstruction. He said they have planted
.ome of the trees but held off on the shrubs and lawn until after construction
is finished.
Commissioner Belcher hoped adequate parking facilities will be available
before any significant opening of the buildings to the public.
Mr. Banks agreed that would be beat, but he noted that much of thoir work is
done by volunteers.
commissioner Melcher commented that the house looks better now than it did
before it was moved.
Commissioner Chitiea remarked that she had been on the Design Review committee
when the project was reviewed and she was amazed at the planning involved in
terms of historical aspects and the carefully thought out plans for the
future. She felt it will be a wonderful addition to the community that may be
utilized by a lot of people in the future.
Motion: Moved by Toletoy, seconded by Chitiea to adopt the resolution
recommending approval of Modification to Conditional Use Permit 85 -04. Motion
carried by the following vote:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE - carried
T - A request to construct a 3 oad
restaurant with ing shopping center to the
Neighborhood a gnat o rra Vista Planned Community,
e southeast corner of Base Line ken Avenue -
Planning Commission Minutes to-, July 22, 1992
�b
RESOLUTION NO. 9 -'-�'
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF A
MODIFICATION TO CONDITIONAL USE PERMIT NO. 85 -04, A
REQUEST TO CONSTRUCT A 2,500 SQUARE FOOT BARN AND
CARETAKER'S UNIT LOCATED ON THE WEST SIDE OF ETIWANDA
AVENUE, NORTH OF BASE LINE ROAD, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 227 - 513 -05.
A. Recitals.
(i) The City of Rancho Cucamonga and the Etiwanda Historic Society
have filed an application for approval of a modification to Conditional Use
Permit 85 -04 as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Conditional Use Permit Modification request is
referred to as 'the application."
(ii) On November 8, 1984, the City Council entered into an agreement
with the Etiwanda Historical Society for the relocation of the Chaffey- Garcia
house to its present location. This agreement requires plans to be reviewed
and approved by the City Council prior to approval of working drawings.
(iii) On February 25, 1985, the Planning Commission approved the
Master Plan and Phase 1 plans for the relocation of the chaffay- Garcia house
and the future construction of the barn.
(iv) On the 22nd day of July 1992, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing an the
application and concluded said hearing on that date.
(v) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planzang Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above - referenced public hearing on July 22, 1992, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows,
(a) The application applies to property located on the west
side of Etiwanda Avenue, north of Base Line Road with a street frontage of 198
feet and a lot depth of 220. The property is presently developed with the
historic landmark Chaffey- Garcia house; and
(0 �
PLANNING COMMISSION —SOLUTION NO. ,_-
CUP 85 -04 - ETIWANDA .STORICAL SOCIETY
July 22, 1992
Page 3
2) Window details shall be consistent with the era
being replicated. Final plane shall be
reviewed and approved by the City Planner prior
to the issuance of building permite.
3) A minimum 5 -foot wide landscape planter shall
be provided on the north aide of the site. The
final plans shall be reviewed and approved by
the City Planner prior to installation.
4) A security gate shall be installed at the
bottom entrance to the exterior stairs.
5) Pursuant to the agreement between the Etiwanda
Historical Society and the City, uses such an
weddings, private functions, bazaars, and
commercial activities shall be subject to the
policy guidelines of the City regarding the use
of City facilities.
Enaineerina Division:
1) An additional 4 feet of dedication on Etiwanda
Avenue (44 feet from centerline) shall be
provided.
2) Parkway improvements shall be provided per the
EtiWanda Specific Plan to include, but not
limited to, a paved bike trail, street lights,
groundcover, and irrigation system.
6. The secretary to this Commission shall certify to the adoption
of this Resolution.
BY:
APPROVED AND ADOPTED THIS 22ND DAY of JULY 1992.
ION j F 17XITY PF RANCHO CUCAMONGA
Sec ref ery
I, Brad Buller, secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 22nd day of July 1992, by the following vote -to -wit:
W
RESOLUTION NO. ✓� - --),2 q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A MODIFICATION TO
CONDITIONAL USE PERMIT NO. 85 -04, TO CONSTRUCT A 2,500
SQUARE FOOT BARN ON THE CHAFFEY- GARCIA SITE, TO BE USED
AS A MUSEUM AND CARETAKERS RESIDENCE, ON A 1 -ACRF. PARCEL
IN THE LOW - MEDIUM RESIDENTIAL (4 -8 DWELLING UNITS PER
ACRE) DISTRICT OF THE VICTORIA PLANNED COMMUNITY, LOCATED
ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF BASE LINE
ROAD - APN: 227- 513 -05.
A. Recitals.
(i) The City of Rancho Cucamonga and the Etiwanda Historic Society
have filed an application for approval of a modification to Conditional Use
Permit No. 85 -04 as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Conditional Use Permit Modification request is
referred to as "the application."
(ii) On November 8, 1984, the City Council entered into an agreement
with the Etiwanda Historical Society for the relocation of the Chaffey- Garcia
house to its present location. This agreement requires plans to be reviewed
and approved by the City Council prior to approval of working drawings.
(iii) On February 25, 1985, the Planning Commission approved Phase i
plans for the relocation of the Chaffey- Garcia house and the Master Plan which
included the future construction of the barn.
(iv) On July 22, 1992, the Planning Commission conducted a duly
not -iced public hearing on the application. After concluding said hearing, the
Commission recommended approval of the application.
iv) On August 19, 1992, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and
concluded said hearing on that date.
(vi) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it in hereby found, determined, and resolved by the
City Council of the City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council
during the above - referenced public hearing on August 19, 1992, including
written and oral staff reports, together with public testimony, this Council
hereby specifically finds as follows:
N
CITY COUNCI] RESOLUTION NO.
CUP 85-04 - ETIWANDA HISTORICAL SOCIETY
August 19, 1992
Page 2
(a) The application applies to property located on the west
side of Etiwanda Avenue, north of Base Line Road with a street frontav, of 198
feet and a lot depth of 220 feet. The property is presently developed with
the historic landmark Chaffey- Garcia house; and
(b) The property to the north is designated for residential
uses and is developed with a church, the properties to the south and west are
designated for residential uses and are developed with single family
residences, and the property to the east is designated for residential uses
and is vacant; and
(c) The development of a 2,500 square foot barn, with
caretaker's unit, is consistent with the Low - Medium Residential designation of
the Victoria Planned Community and the provisions of the Development Code; and
(d) The project will comply with all minimum standards of the
City of Rancho Cucamonga.
3. Based upon the substantial evidence presented to this Council
during the above- referenced public hearing and upon the specific findings of
farts set forth in paragraphs 1 and 2 above, this Council hereby finds and
concludes as follows;
(a) That the proposed use is in accord with the General Plan,
the objectives of the Victoria Planned Community and the Development Code, and
the purposes of the district in which the site is located.
(b) That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
(c) That the proposed modification complies with each of the
applicable provisions of the Victoria Planned Community and the Development
Code.
4. This Council hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970 and, a Negative Declaration was issued by this Commission
on February 27, 1985. Further, this Council finds that the application is in
substantial compliance with the original approval for which the Negative
Declaration was issued.
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Council hereby approves the application subject to
each and every condition set forth below and in the Standard Conditions,
attached hereto and incorporated herein by this reference.
70
CITY COUNCIL RESOLUTION NO.
CUP 85 -04 - ETIWANDA HISTORICAL SOCIETY
Aug:st 19, 1992
Page 3
Planning Division:
1) The doors on the south elevation shall receive
a decorative finish, such as applying 1 -inch by
12 -inch board on the door with 1 -inch by 8 -inch
surrounds to match doors on the other three
elevations.
2) Window details shall be consistent with the era
being replicated. Final plans shall be
reviewed and approved by the City Planner prior
to the issuance of building permits.
3) A minimum 5 -foot wide landscape planter shall
be provided on the north side of the site. The
final plans shall be reviewed and approved by
the City Planner prior to installation.
4) A security gate shall be installed at the
bottom entrance to the exterior stairs.
5) Pursuant to the agreement between the Etiwanda
Historical Society and the City, uses such as
weddings, private functions, bazaars, and
commercial activities shall be subject to the
policy guidelines of the City regarding the use
of City facilities.
Engineering Division:
1) An additional 4 feet of dedication on Etiwanda
Avenue (44 feet from centerline) shall be
provided.
2) Parkway improvements shall be provided per the
Etiwanda Specific Plan to include, but not
limited to, a paved bike trail, street lights,
groundcover, and an irrigation system.
6. The City Clerk shall certify to the adoption of this Resolution.
Z'
77 DEPARTMENT OF
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PROJECT q: 7D Gives
SUBJECT:
APPLICANT:
LOCATION:
[NfS �i WAA/b/i N�D B�lSEUNE
Those items checked are Conditions of Approval.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (714) 989.1661, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
A. Time Limits
1. Approval shall expire, unless extended by the Planning Commission,9 Wilding permits are
not issued or approved use has not commenced within 24 months from the date of approval.
2. Development/Design Review shag W approved prior to / I ,
3. Approval of Tentative Tract No, is granted subject to the approval of
4. The developershall commence, partiGpate in, and cone Ufllfllateor Causetobecom meneed,
participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the
Rancho Cucamonga Fire Protection District to finance construction anNor maintenance of
a lire station to serve the developrnent. The station shall be located, designed, and Wilt to
all specsications of the Rancho Cucamonga Fire Protection District, and shall become the
District's property upon completion. The equipment shag be selected by the District in
accordance with As needs. In any Wilding of a station, the developer shall comply with all
applicable laws and ��;;Iat',^,,,a. Tra C: O shall De funiwd by .iw District and the developer
by the time recordation of the final map occurs.
Prior to recordation of the final map or the issuance of Wilding permits, whichever comes
first the applicant shall consent to, or participate in, the establishment of a Mello -Roos
Community Facilities District for the construction and maintenance of necessary school
facilities, However, d any school district has previously established such a Community
Facilrtws District, the applicant shall, in the asemative, consent to the annexation of the
project site into the territory of such existing District prior to the recordation of the final map
or the issuance of building permits, whichever comes first. Further, 4 the affected school
district has rot formed a Mello-Roos Community Facilities District within twelve months Irom
the date of approval of the project and prior to the recordation of the final map or issuance
of building pemuts for said project, this condition shall be deemed Mill and void.
sc z /et
JJ-
J— _
4-
This condition shall be waived it the City receives notice that the applicant and all affected
school districts have entered into an agreement to privately accommodate any and all school
impacts as a result of this project.
6 Prior to recordation of the final map or prior to issuance of building permits when no map is
involved, written written cerldiication from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the I
Department of Community Development. Such letter must have been issued by the water 1,
district within 90 days priorto final map approval in the case of subdivision orphor to issuance
of permits in the rase of all other residential projects.
B. Site Development
✓ 1, The site shall be developed and maintained in accordance with the approved plans which
include site site plans. architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations, and
Specific Plan and
Planned Community.
2. Prior to any use of the project site or business activity being commenced thereon, ail
Conditions of Approval shall be completed to the satisfaction of the City Planner.
O. Occupancyof the facility shag not commence until suchtime as all Uneomn Building Code and J�-
State Fire Marshall's regulations have been compiled with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be J_J-
submitted for City Planner review and approval prior to issuance of buiding pemdts.
S. All site. grading, landscape, irrigation, and street improvement plans shall be coordinated for J —J-
wrisistercy prior to issuance of any pemgts (such as grading, tree removal, encroachmem.
building , etc.), or prior to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
6 Approval of this request equesl shall not waive compliance with all sections of the Development J�-
i,ude, ali other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on -site lighting plan shag be reviewed and approved by the City Planner and I _-/�-
Sherri Department (989.8811) prior to the issuance of building pemnes. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
affect adjacent properties.
8 If no centralized trash receptacles are provided, all trash pick -up shall be for individual units with all all receptacles shielded from public view.
9. Trash receptacle(s) are required and shall meet City standards. The final design, locations, -J�-
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of building permits.
_ V 10 All ground - mounted utility appurtenances such as transformers. AC Condensers, etc., shall I, .J--/—
be located out of public view and adequately screened through the use of a combination of li
concrete or masonry walls, oerming, and/or landscaping to the satisfaction of the Oily
Planner.
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11. Street names shall be submitted for City Planner review and approval n accordance won JJ-
the adopted Street Naming Policy prior to approval of the final map.
12. All Wilding numbers and individual units shall be identified in a clear and concise manner,
incluoirlg proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Planner review and approval priorto approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and Restrictions (CC &Rs) shall not prohibit the keeping of equine
animals where zoning requirements forthe keeping of said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals whtotnt the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC &Rs.
15. The Covenants, Conditions. and Restrictions (CC &Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of !wilding permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer.
f6. Allparkways, open areas, and landscaping shall be pemsnentlymaimained bythepropenry
owner, homeowners' association, or other meats acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prior to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solar energy system. The easements may be contained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits, whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, stnoctures, fixtures or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.060 -G2.
_ 16. The project contains a designated Historical Landmark. The site shall be developer) and
maintained In accordance with the Historic Landmark Alteration Permit No.
Any further modifications tothe site including, but not limited to, exterior alterations and/or
interior alterations which affect the exteriorof the buildings or structures, removal of landmark
trees, demolition, relocation, reconstruction of buildings or structures, or changes to the site,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review acct approval.
C. Building Design
I An alternative energy system is required to provide domestic hot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacdy and efficiency. All swimming pools installed aline
time of initial development shall be supplemented with solar heating. Details shall be
included in the Wilding plans and shall be submitted for City Planner review and approval
prior to the Issuance of Wilding permits.
2 All dwellings shall have the front, side and rear elevations upgraded with architectural
treatment, detailing and increased delineation of surface treatment subject to City Planner
review and approval poor to issuance of Wilding permits.
SC 2/91
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3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for
City Planner and Building Official review and approval prior to issuance of building permits.
—4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the City Planner.,
Details shall be included in building plans.
0. Parking and Vehicular Access (Indicate details on building plans)
1. AN parking lot landscape islancs shall have a minimum outside dimension of 6 feet and shall
coNain a 12 -inch walk adjacent to the parking slaty (including curb).
2. Textured pedestrian Pathways and textured pavement across circulation alsles shall be
Provided throughout the development to connect dweeims/unitsrbuildirns with open spaces/
uses.
3. All parking spaces shall be double striped per City standards and all driveway aisles,
entrances, and exits shall be striped per City standards.
4. All units shall be provided with garage door openers a driveways are less than 16 feet in
depth from back of sidewalk.
S. The Covenants, Conditions and Restrictions shall restric Ithestorage of recreational vehicles
on this site unless they are the principal source of transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and
Rancho Cucamonga Fire Protection District review and approval priorto issuance of building
Permits.
E. Landscaping (for publicly maintained landsrplpa areas, Mar to Section N.)
1 A detailed landscape and imgation plan, including slope planting and model home landscap-
ing in the case of residential development, shall be prepared by a licensed landscape
amhaecl and submittedfor City Planner review and approval prWto the issuanceof building
permits or prior final map approval in the case of a custom lot subdivision.
`! 2. Existing Lees requiredto be preserved inplace shall be protededwith aconstructlen barrier
in accordance with the Municipal Code Section 19.0e.110, and so noted onthegradirgplans.
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans, The applicant shall follow all of the anborist's
recommendations regarding preservation, transplanting and trimming methods.
__3, Amininumof trees pergross acre, comprised of the follewirg sizes, shall be provided
Within the project; % -48- inch box or larger, %- 36 inch box or larger,
_ % - 24- inch box or larger. _ % - 15-gallen, and _ % - 5 gallon.
- 4 A minimum of _% of trees planed within the project shall be specimen size trees
24 -inch box or larger.
✓ 5 Within parking lots, trees shall be planted at a rate of one 15 -gallon tree for every three
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21
SC 2/91
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6. Trees shall be planted in areas of public view adjacent to and along structures eta r2-e of one ,
tree per 30 linear feet of building. _
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__7 All privates" banks 5 feet or less in vertical height and of 5: l orgrealer slope, but less than
2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy.
8. All private slopes in excesso151eet, but lessthan 8 lest invertical height and of 2:1 or greater
—�—�-
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one/5 -gallo n or larger size tree per each 150 sq. ft. of slope area, l -gallon or larger
size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope
banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one
5 -gallon or larger sae tree per each 250 sq. ft. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope piano. Slope planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
occupancy.
9. For single family residential development, all slope planting and irrigation snail be contirlu-
J—!_
ously maintained in a healthy and thriving condition try the developerumil each individual unit
is sod and occupied by the buyer. Priorto releasing occupancy forelose units, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
10. For muni-famity residential and ran - residential development, property owners are respon-
sible for the continual maintenance of all landscaped areas on -site, as well as contiguous
planted areas within the public rightof -way. All landscaped areas shall be kept free from
weeds and debris and maintained in a healthy and thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Development Code and /or
. This requirement shall be in addition to the required
street trees and slope planing.
12. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be
I
included in the required landscape plans and shag be subject to City Planner review and
approval and coordinated for consistency with any parkway landscapingplanwhlohmaybe
required by the Engineering Division.
13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander-
ing sidewalks (with horizontal change), and intensified landscaping, is required along
14 Landscaping and irrigation systems required to be installed within the public right -of -way on
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the perimeter of this project area shall be comkauiusly maintained by the developer.
15 All walls shall be provided with decorative treatment, if located in public maintenance areas,
the design shall be coordinated with the Engineering Division.
16 Tree maintenance criteria shall be developed and submitted for City Planner review and
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approval prior to issuance of building permits. These criteria shall encourage the natural
growth charactenstics of the selected free species.
--17 Landscaping and irrigation shall be designed to conserve water through the principles of
_I_J_
Xenscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code.
SC .2/9;
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F, Signs
1, The signs indicated on the submitted plans are conceptual only and not apart of thisapproval.'
Any signs proposed for this development shall comply with the S'gn Ordnance and shall
require separate application and approval by the Planning Division prior to installation of any
signs.
2. A Uniform Sign Program forthis development shall be submitted for City Planner review and .
approval prior to issuance of building permits.
3. Directory monument sign(s) shall be provided for apartment, condominium, or townhorws
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock
Crusher project in a standard format as determined by the City Planner, prior to accepting a
cash deposit on any property.
2. The developer shall provide each prospective buyer written notice of the City Adopted
Special Studies Zone for the Red Hill Fault, In a standard format as determined by the City
Planner, prior to accepting a cash deposit on any property,
3. The developer shall provide each prospective buyer wrsten notice of the Foothill Freeway
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A final acoustical report shall be submitted for City Planner review and approval prior to the
issuance of building permits. The final report slag discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and if appropriate, verily the adequacy of the mitigation measures. The building plans will be
checked for conformance with ft mitigation measures contained in the final report.
H. Other Agencies
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1. Emergency secondary access shall be provided inaccordancewah Rancho Cucamonga Fire
Protection District Standards.
2. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide
at all times during construction in accordance with Rancho Cucamonga Fire Protection
District requirements.
3. Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire protection is available, pending completion of required fire protection system.
4. The applicant shall contact the U. S. Postal Service to determine the appropriate type and
location of mail boxes. Multi-family residential developments shall provide a solid overhead
structure for mail boxes with adequate lighting. The final location of the mail boxes and the
design of the overhead structure shall be subject to City Planner review and approval prior
to the issuance of building permits.
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5 For projects using septic lank facilities, written certification of acceptability, including all I
supportive information, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building Official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
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APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989.1863, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. C ,� Development
1. The applicant shall comply with the latest adopted Uniform Building Code, Undo" Mechani-
cal Code, Undo" Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, and regulations in effect at the time of issuance of relative permits. Please
Contact the Building and Safety Division for copies of the Code Adoption Ordinance and
applicable handouts.
2. Prior to issuance of building permits for a new residential dwelling unil(s) or major addition —J—J-
to existing und(s), the applicara shall pay Cevelopmentfees at theestablished rate. Such fees
may include, but are rot limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems
Development Fee, Permit and Plan Checking Fees, and School Fees.
3. Prior to issuance of Wilding permits for a crew, commercial or Industrial development or J_J_
addition to an existing development, the applicant shag pay development fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, SoheeWG , Permit and Plan Checking Fees.
4. Street addresses shall bepmvidedbythe Building Official, aftertract/parcel map recordation
and prior to issuance of building permits,
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the property line clearances
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considering use, area, and fire - resistiveness of existing buildings.
2. Existing buildings shall be made to comply with correct building and zoning regulations for
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the intended use or the Wilding shag be demolished.
3. Existing sewage disposal facilities shall be removed, filled and/orcapped to comply with the
Uniorm Plumbing Code and Untorm Building Code.
4. Underground on -site utilities are to be located and shown on Wilding plans submitted for
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building permit application.
K. Grading
1. Grading of the subject properly shall be in accordance with the Uniform Building Code, City
Grading Standards, Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance wth the approved grading pan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to --J�r-
peAorm such work.
J. The development is located within the soil erosion control boundaries a Soil Disturba J —/-
Permt is required. Please contact San BemardkroCounty Deparl hem of Agriculture al(1714e)
387 -2111 for permit application. Documentation of such permit shall be submitted to the City
prior to the issuance of rough grading permit.
4 A geological report shall be prepared by a qualified engineer or geologist and submitted at J—J-
the time of application for grading plan check.
__._5. The final grading pans shall be completed and approved prior to issuance of building permits. iJ—J_
SC 2/91
- CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992 T'\
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Otto Kroutil, Deputy City Planner
SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 91 -24 AND TENTATIVE
PARCEL MAP 13845 - MASI - An appeal of certain Engineering
and Planning Division Conditions of Approval for
Conditional Use Permit 91 -24, the development of 32
buildings totaling approximately 268,907 square feet and
comprised of a mix of industrial, multi - tenant, office,
and restaurant uses, and Tentative Parcel Map 13845, a
subdivision of 30.2 acres of land into 31 parcels in the
Industrial Park District (Subarea 7) of the Industrial
Area Specific Plan, located at the southwest corner of
Foothill Boulevard and Rochester Avenue - APN:
229 - 011 -10, 19, 21, 26, 27, and 28.
RECONKE7DATION
It is recommended that the City Council review each request and uphold
the Planning Commission's actions.
S@lURY
This 30 -acre, mixed -use project was approved by the Planning Commission
on July 22, 1992, subject to certain conditions, the Planning Commission
Staff Report with exhibits is attached. Several conditions of approval
,ire being appealed by the property owner. In summary, the appellant is
requesting the following:
1. That the final design of the "Vintner's Walk," including
commissioned public art and public displays, be reviewed by staff
rather than the Planning Commission; and
2. That the installation of the "Vintner's Walk" and public displays
be deferred until later phases of the project; and
3. That the $10,000 contribution towards the Chaffey- Garcia Barn or
other similar preservation effort, as required by previous City
Council action, be used for public art within their own site, and
PLANNING COMMISSION STAFF REPORT
C[IP 91 -24 A TPM 13845 - MASI
August 19, 992
Page 2
4• That the Uniform Sign Program which will regulate all signs in this
project be approved by staff rather than the Planning Commission;
and
5. That the construction of the Foothill Boulevard median and related
improvements be deferred and "in- lieu" fees Paid instead; and
6. That certain interim drainage improvements be modified; and
7. That the requirement for a traffic signal "in- lieu" fee be deleted.
The appellant's letter outlining these requests in detail is attached
following this report.
ANALYSIS
A brief review of each of these items follows. Following a public
hearing, the Council may act on any of these items individually.
1. Planning Condition No. 7: Final Approval of "Vintner's Walk ":
The design of the project includes a pedestrian walkway with an
overhead metal trellis adjacent to a portion of the Foothill
Boulevard frontage. This "Vintner's Walk" functions as a public
sidewalk and contains a sculpture and interpretive displays
intended to reflect the history of wine making in the immediate
area (see Exhibit "H" of the Planning Commission Staff Report).
The design of the "Vintner's Walk" has been approved, in concept,
by both the Planning and Historic Preservation Commissions. The
applicant is appealing the requirement to hire a professional
consultant to develop the concept further and to return to the
Planning Commission for review. At their meeting on August 6,
1992, after hearing of the Planning Commission's modification to
the condition and the applicant's appeal, the Historic Preservation
Commission unanimously voiced their opinion that this further
requirement placed on the condition by the Planning Commission was
unnecessary.
2. planning Condition No. 7: Deferral of "Vintner's Walk"
The timing of the "Vintner's Walk" improvements is tied into public
improvements along Foothill Boulevard. This follows the pattern
set in the Terra Vista Town Center and elsewhere. Although the
developer may choose to defer the construction of certain buildings
within the project, common improvements and amenities along public
streets, both public and private, are installed concurrently. A
good example is the northeast corner of Foothill Boulevard and
Haven Avenue, where the two buildings flanking the fountain area
have yet to be built.
0
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 b TPM 13845 - HAS!
August 19, 1992
Page 3
The appellant is concerned with potential vandalism and damage to
the "Vintner's Walk" and public art before adjacent buildings are
built and during construction. The Commission's (and staff's)
concern is two -fold:
First, it is customary to spread the costs of amenities common
to each project over the entire project area; deferral to later
phases shifts the responsibility to a lesser area (and
potentially another owner if these smaller parcels are sold)
and increases the risk of these amenities never being
completed. Since the City has no control over the timing of
the phasing, it could be years before this phase develops.
Second, the "Vintner's Walk" is an integral part of the
sidewalk system along Foothill Boulevard and Rochester Avenue;
its deferral would leave a missing link in a continuous
pedestrian connection along the street frontage within this
site.
If the Council shares the concern about potential damage to the art
work, staff could support a modification of this condition to
require installation of the walk, trellis, landscaping, and
infrastructure concurrently with the Foothill Boulevard
improve•nents, but defer the actual installation of the required art
and historical panels. However, these items should be commissioned
and funded prior to occupancy of Phase I.
3. Planning Condition No. 8: Chaffey- Garcia Barn Contribution:
In September of 1991, the City Council approved Resolution No.
91 -275 requiring a $10,000 contribution to the Chaffey - Garcia Barn
project. This measure was intended to partially mitigate the
demolition of the LaFOUrcade Store, designated Historical Point of
Interest. At the time, the amount of the mitigation was reduced
from $25,000 to $10,000 and an element of flexibility was added to
the condition which would allow for the allocation of these funds
to other similar projects if timing of the Chaffey- Garcia project
and this project did not coincide.
The condition states, in part, "The City Council may, upon the
input of the Historic Preservation Commission, allocate these funds
to another similar type of preservation project, including but not
necessarily limited to, the Historic Preservation Site and Land -
Banking Fund, depending on the timing of the compliance with this
mitigation."
On August 6, 1992, the Historic Preservation Commission reviewed
the request to allocate the contribution to the development of
public art on this site. The Commission determined that the
original condition was intended to ensure that if perchance the
?TANNING COMMISSION STAFF REPORT
CUP 91 -24 6 TIM 13845 - MASI
August 19, 1992
Page 4
Chaffey- Garcia House Barn project no longer needed the $101000,
another City- sponsored historic preservation project would be
designated.
4. Planning Condition No. 20: Approval of Uniform Sign Program:
Uniform Sign Programs regulate signs in all multi - tenant
projects. staff normally reviews most sign programs, except for
retail shopping centers which are approved by the Planning
Commission. Because of the ,.:tail nature and the significance of
this mixed -use project, the Commission felt that approval of the
Sign Program should not he deferred to staff.
5. Engineering Condition No. 2(b) and 2(c): Foothill Boulevard Median
and North Side Pavement Construction:
It has always been City policy that new development upgrade the
project side of existing perimeter streets to their ultimate
configuration. The ultimate section for Foothill Boulevard
includes a median. The normal procedure for shared items is to
require construction by the first developer with reimbursement from
future development.
It is true that installing the median requires some reconstruction
on the north side of Foothill Boulevard. Thirty -two feet is the
minimum pavement width Caltrans requires for two travel lanes and a
shoulder on the north side of the median. However, even without
the median, the ultimate centerline profile will involve capping on
both sides of Foothill Boulevard. The developer will be given a
reimbursement agreement for all permanent facilities constructed
north of the Foothill Boulevard centerline.
The street improvement plans which the developer prepares should
take into account future widening across the street and make
reconstruction of any part of the median unnecessary. This portion
of the Foothill Boulevard median will not be isolated once the
Community Facilities District for the Regional Mall installs the
median between the I -15 Freeway and Rochester Avenue. Based on
recent projects, staff feels Caltrans will support the construction
of a single median segment.
1. Engineering Condition No. 2(d): Interim Drainage Improvements:
The existing 18 -inch corrugated metal pipe (CMP) under Foothill
Boulevard does not meet City standards for new construction.
However, since it is a temporary facility already in place, staff
would not object to using the existing pipe provided it is cleaned,
repaired, an adequate inlet installed, and discharges to the new
catch basin on the south side of Foothill Boulevard.
one
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 5 TPM 13845 - MASI
August 19, 1992
Page 5
Enqdncerinq Condition No. 9• Deletion o£ Traffic Signal "In- Lieu"
Fees:
The only signals covered by the Transportation Development Fee are
those with citywide benefit. The intersection of Foothill
Boulevard and "B" Street will serve a private driveway on the north
side and a local industrial street serving only the Masi complex on
the south side. Ultimately, all median breaks on Foothill
Boulevard will require signalization, whether or not they are
covered by the Transportation Development Fee.
A half -fee was required in lieu of signal installation at this time
because signal warrants are not anticipated to be met until the
northerly access is installed. If Caltrans does permit the
appellant to install a signal now, payment of a fee will not be
necessary and staff will support their request for a reimbursement
agreement for one -half of the cost against future development.
This item has been advertised as a public hearing in the Inland Valley
Daily Bulletin newspaper, the property has been posted, and notices were
sent to the adjacent property owners within 300 feet of the project.
C0pCWSIO0:
All of the conditions requiring certain
are consistent with established City
requested to hold a public hearing and
with appropriate direction.
R es pe lly sub ted,
Rza uller
City planner
SB:OK /jfs
physical improvements and fees
policy. The City Council is
provide staff and the applicant
Attachments: Rxhibit "A" - Applicant's Letters of Appeal
Exhibit "B" - Planning Commission Minutes dated
July 22, 1992
Exhibit "C" - Planning Commission Staff Report dated
July 22, 1992, with Exhibits "A" - "II"
Exhibit "D" - Planning Commission Resolutions of Approval
for CUP 91 -24 and TPM 13845
Masi Commerce Center Partners
5416 Electric Avenue
San Bernardino, Ca. 92407
(714) 882 4592
July 31, 1992
City Clerk
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, Ca. 91727
RECEIVED
CITY OF RANCHO CUCAMONGA
CITY CLERK
AUG 0 3 1992
LL191101 III 1211j1131g1516
Re: Environmental Assessment and Conditional Use Permit 91 -24 -
Appeal of Certain Conditions (City Planning Commission
Resolution 92 -99 Adopted July 22, 1992.)
City Clerk:
Masi Commerce Center Partners requests an appeal of certain
conditions in regard to the above referenced Environmental
Assessment and Conditional Use Permit. Specifically:
Planning Division conditions
Itam 7
"A revised concept plan for the commissioned public art and the
interpretative public displays shall be reviewed by the full
Planning Commission. The revised concept plan shall graphically
depict how the Vintner's Walk, commissioned art, and public
displays will be developed and maintained and how they will
function as a whole. The applicant shall retain the services of
a professional consultant to further develop the proposed
conceptual plan and to ensure the successful coordination of the
goals of the Historic Preservation Commission and the Planning
Commission. Final detailed plans shall be reviewed and approved
by the City Planner prior to issuance of any permits.
Installation of the public art and the Vintner's Walkway shall be
completed concurrently with Foothill Boulevard improvements."
We believe that item 7 is in contradiction to the intent of city
Council Resolution No. POI 91 -02, adopted September 18, 1991.
Specifically, Section B, part 6(b) of the City Council Resolution
states:
�� k L,4 A
City Clerk /Masi - Appeal of Certain Conditions - Resolution 92 -99
July 11, 1992
Page 2
"The development of the site shall incorporate details of the
site's history, in particular the La Fourcade period, through the
incorporation of the following measures: commissioned public art
and development and placement of interpretative public displays.
approval of the appropriate public art and interpretative displays
shall occur prior to the issuance of building permits."
(Underline added as emphasis.)
We believe that it was the intention of the city Council to have
the Historic Preservation Commission review and approve our site's
conceptual historic plan and then let the details be worked out
with staff. In fact, we had a public hearing with the Historic
Preservation Commission an July 2, 1992; the Historic Preservation
Commission approved our conceptual historic preservation plan and
indicated that final details should be worked out with staff.
We do not believe that the City Council's intent in its Resolution
No. POI 91 -02, adopted September 18, 1991, envisioned that the
Planning Commission should have this amount of control over the
details of our historic preservation program or intended that they
have further public meetings on the matter.
We believe that item 7, rewritten at the July 22, 1992 Planning
Commission meeting, adds unwarranted expenses and delays to our
project. We also object to the additional requirement to hire a
consultant to assist us with final details. Our design and
development team, with input from City Planning staff, is perfectly
capable of putting finish details on our historic preservation
plan. In fact, we have been complimented by members of the
Historic Preservation Commission for our eagerness in developing
our historic plan and for the level of the plan's details.
Additionally, we request that the part of the item 7 condition
specifying that the "installation of the public art and the
Vintner's Walkway shall be completed concurrently with Foothill
Boulevard improvements" be changed to allow us to construct these
improvements when the three buildings flanking the public art and
vintner's Walk are built (buildings 5, 6 and 7 on our site plan).
We are concerned that the public art and Vintner's Walk will be
damaged during the construction of our Phase II buildings (5, 6 and
7). Additionally, we are afraid of vandalism. We are expending
considerable funds on the Vintner's Walk and public art; to repair,
rebuild or replace the Vintner's Walk and public art Would be a
needless waste of our resources.
City Clerk /Masi - Appeal of Certain Conditions - Resolution 92 -99
M
July 31, 1992
Page 3
We request that the part of the original language for item 7 in the
staff report, presented to the Planning Commission at its July 22,
1992 meeting, replace the revised language of the Planning
Commission. Specifically, the original language states:
"Final detailed plans for the commissioned public art and the
interpretative public displays shall be reviewed and approved by
the City Planner prior to the issuance of any building permits."
We would further amend the remaining part of the original staff
recommendation to read:
"Installation of the Vintner's Walkway shall be completed prior to
issuance of occupancy permits for any buildings constructed on lots
25, 26 and 27 of the Tentative Parcel Map ". (These are the Phase
II buildings, 15,06 and 07, along Foothill Boulevard flanking the
Vintner's Walk.)
Item 8
In regard to item 8, we have made a request to the Historic
Preservation Commission that they recommend to the City Council
that the required $10,000 contribution to the Chaffey- Garcia House
Barn project be allowed to instead be used towards the cost of the
Vintner's statue (part of our site's historic preservation plan).
That hearing is scheduled for August 6, 1992.
Item 8 repeats a provision of City Council Resolution No. POI 91-
02 in that it states: "The City Council may, upon the input of the
Historic Preservation Commission, allocate funds to another similar
type of preservation project including, but not limited to, the
Historic Preservation site and Land Banking fund, depending upon
the timing of the compliance with this mitigation."
If we are denied our request by the Historic Preservation
Commission at the scheduled August 6, 1992 meeting, we request that
the City Council amend item 8 to reflect our request that the
$10,000 contribution be used toward the Vintner's Statue on our
site instead of for the Caffey- Garcia House Barn project.
Item 20
"A Uniform Sign Program shall be reviewed and approved at a
Planning Commission Workshop prior to the issuance of building
permits."
City Clerk /Masi - Appeal of Certain Conditions - Resolution 92 -99
7 ,
o
July 31, 1992
Page 4
We understand that the usual procedure is to have the City Planner
review and approve the Uniform Sign Program. We believe that the
original language presented in the staff report at the Planning
Commission's July 22, 1992 should stand. It stated:
"A Uniform Sign Program shall be reviewed and approved by the City
Planner prior to the issuance of building permits."
we believe that this new requirement for Planning Commission
workshops on our sign program is unwarranted and can lead to costly
time delays and unnecessary expenditures for us.
Enciasering Division Conditions
Item 2(b)
"A landscaped median between Rochester Avenue and "B" Street with
left turn lanes to the satisfaction of the City Engineer. If
Caltrans does not allow a single segment, in -lieu fees will be
required in conformance with Condition 3."
Item 2 (c)
"Thirty -two feet of pavement on the north side of the median."
We APPEAL items 2(b) and 2(c) for the following reasons:
a. These two conditions essentially require us to largely
rebuild both sides of Foothill Boulevard. This is an
undue hardship on the project.
b. This approximately one thousand foot strip of median will
be an isolated strip. When Lewis Homes constructs the
improvements for Terra Vista on the north side of
Foothill Boulevard and extends the existing median to the
East, inevitable construction "interface" problems will
occur. It is highly likely that this isolated median
and adjoining Foothill improvements on the north side of
the median, now required of us, will be altered or
rebuilt to some degree to facilitate the Terra Vista
development.
We believe that conditions 2(b) and 2(c) poses both a
hardship and a potential waste of our resources.
Additionally, we may spend valuable time and money
processing these required improvements through Caltrans
only to be turned down because this discontinuous median
will be viewed as impractible by Caltran Engineers.
161, M
City Clerk /Masi - Appeal of Certain. conditions - Resolution 92 -99
July 31, 1992
Page 5
We believe it is in the best interests of the City and
contiguous property owners that we pay an "in -lieu" fee
for the median, as specified as an alternate condition
to the above in Condition 3 (Engineering Division) . In
our opinion it would be more equitable to allow us to pay
our fair share of the cost of the median as an in -lieu
fee and let Lewis Homes complete this section of the
median as part of their overall plan for the Foothill
median between Haven Avenue and Rochester Boulevard.
Item 2(d)
"A catch basin at the ultimate low point on the north side of
Foothill Boulevard, sized per the final drainage study, with an
interim lateral to the catch basin on the south side. The north
right -of -way shall be graded to direct flows to the catch basin
with desilting facilities to the satisfaction of the City
Engineer."
We APPEAL item 2(d) for the following reasons:
The condition to build a temporary inlet and lateral for drainage
from the low point on the north side of Foothill Boulevard is not
warranted because it is neither a condition created by this project
nor necessary to protect this project from storm water damage.
An existing metal pipe under the Foothill Boulevard right -of -way
exists. This pipe, with remedial repair and cleaning, will
improve the existing condition and in fact may be connected to the
catch basin proposed by this project on the south side of Foothill
Boulevard. The special construction techniques required to bore
a new pipeline under the road are costly and would only be a
temporary facility. The existing drain pipe does not conform to
current design standards; however, it does serve an existing
condition which is not caused or necessitated by this project.
We request that condition 2(d) be altered to instead require the
applicant to clear the existing pipe under Foothill Boulevard,
provide a maintainable temporary inlet on the north side of
Foothill Boulevard at the inlet's existing location, and provide
a temporary connection to the catch basin on the south side of
Foothill Boulevard as proposed by the conceptual storm drain
design.
51#1
Mal
City Clerk /Masi - Appeal of Certain Conditions - Resolution 92 -99
July 31, 1992
Page 6
Item 9
"An in -lieu fee as contribution to the future installation of a
traffic signal at the intersection of Foothill Boulevard and "B"
Street shall be paid to the City prior to the issuance of building
permits for Phase I or approval of the Final Parcel Map, whichever
occurs first. The amount of the fee shall be one -half the cost
of the signal ".
We APPEAL item 9 for the following reasons:
We do not believe the City has any basis for charging us an .in-
lieu fee for this signal. We proposed the signal, not the City.
We fully intend to conduct a traffic study and request that
Caltrans "warrant" the signal in our first phase. However, it
appears to us that the signal possibly may not be in the City's
Circulation Element of its General Plan at this time. If this is
so, we do not see how the City can require us to pay an in -lieu fee
for the signal.
Additionally, if the signal was in the City's Circulation Element
of its Master Plan, then we would likely receive a credit for
building it against fees we would be required to pay in regard to
the City's transportation development fees.
We certainly are happy about staff support for a signal in this
location. The signal is quite important to our project. We
understand that Lewis Homes feels strongly that a signal should
occur at this location also.
We propose that Condition 9 be eliminated. Additionally, we
propose that if the signal is "warranted" by Caltrans, than we be
allowed to request a reimbursement agreement for one -half the cost
of the signal improvements with the property owner on the north
side of street if development occurs there.
We also request that the signal at this location be added to the
Circulation Element of the General Plan and also be included in any
revisions to the "City -Wide System Fees for Transportation
Development" Ordinance (Ordinance No. 445).
This Appeal is concurrently being filed with an Appeal to certain
conditions of Tentative Parcel Map 13845 (Planning Commission
Resolution No. 92 -100, Adopted July 22, 1992).
Sincerely,
i! Ja Jack h'a sl
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it
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PLMI LELKW
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Jack Masi
Masi Commerce Center Partners
5416 Electric Avenue
San Bernardino, Ca. 92407
(714) 882 4592
July 31, 1992
City Clerk
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, Ca. 91727
CITY OF RECEIVED `
RANCHO CUCAMONGA
CTTY CLERK
AUG 0 2 1992
a8 9 18 ll'11 1`__y 556
Re: Environmental Assessment and Tentative Parcel Map 13845 - Masi
Commerce Center Partners - Appeal of Certain Conditions.
(City Planning Commission Resolution 92 -100 Adopted July 22,
1992.)
City Clerk:
Masi Commerce Center Partners requests an appeal of certain
conditions in regard to the above referenced Environmental
Assessment and Tentative Parcel Map. Specifically:
Engingtring Divimion conditions
Item 2(b)
"A landscaped median between Rochester Avenue and "B" Street with
left turn lanes to the satisfaction of the City Engineer. if
Caltrans does not allow a single segment, in -lieu fees will be
required in conformance with Condition 3."
It*m 2(c)
"Thirty -two feet of pavement on the north side of the median."
We APPEAL items 2(b) and 2(c) for the following reasons:
a. These two conditions essentially require us to largely
rebuild both sides of Foothill Boulevard. This is an
undue hardship on the project.
b. This approximately one thousand foot strip of median will
be an isolated strip. When Lewis Homes constructs the
improvements for Terra Vista on the north side of
Foothill Boulevard and extends the existing median to the
East, inevitable construction "interface" problems will
occur. It is highly likely that this isolated median
and adjoining Foothill Boulevard improvements on the
north side of the median, now required of us, will be
altered or rebuilt to some degree to facilitate the Terra
Vista development.
City Clerk /Masi - Appeal of Certain Conditicns - Resolution 92 -100
July 31, 1992
Page 2
We believe that conditions 2(b) and 2(c) poses both a
hardship and a potential waste of our resources.
Additionally, we may spend valuable time and money
processing these required improvements through Caltrans
only to be turned down because this discontinuous median
will be viewed as impractical by Caltrans Engineers.
We believe it is in the best interests of the City and
contiguous property owners that we pay an "in- lieu" fee
for the median, as specified as an alternate condition
to the above in Condition 3 (Engineering Division). In
our opinion it would be more equitable to allow us to pay
our fair share of the cost of the median as an in -lieu
fee and let Lewis Homes complete this section of the
median as part of their overall plan for the Foothill
median between Haven Avenue and Rochester Boulevard.
Item 2(d)
"A catch basin at the ultimate low point on the north side of
Foothill Boulevard, sized per the final drainage study, with an
interim lateral to the catch basin on the south side. The north
right -of -way shall be graded to direct flows to the catch basin
with desilting facilities to the satisfaction of the City
Engineer."
We APPEAL item 2(d) for the following reasons:
The condition to build a temporary inlet and lateral for drainage
from the low point on the north side of Foothill Boulevard is not
warranted because it is neither a condition created by this project
nor necessary to protect this project from storm water damage.
An existing metal pipe under the Foothill Boulevard right -of -way
exists. This pipe, with remedial repair and cleaning, will
improve the existing condition and in fact may be connected to the
catch basin proposed by this project on the south side of Foothill
Boulevard. The special construction techniques required to bore
a new pipeline under the road are costly and would only be a
temporary facility. The existing drain pipe does not conform to
current design standards; however, it does serve an existing
condition which is not caused or necessitated by this project.
We request that condition 2(d) be altered to instead require the
applicant to clear the existing pipe under Foothill Boulevard,
provide a maintainable temporary inlet on the north side of
Foothill Boulevard at the inlet's existing location, and provide
a temporary connection to the catch basin on the south side of
Foothill Boulevard as proposed by the conceptual storm drain
design.
9Z
City Clerk /Masi - Appeal of Certain Conditions - Resolution 92 -100
July 31, 1992
Page 3
Item 9
"An in -lieu fee as contribution to the future installation of a
traffic signal at the intersection of Foothill Boulevard and "B"
Street shall be paid to the City prior to the issuance of building
permits for Phase I or approval of the Final Parcel Map, whichever
occurs first. The amount of the fee shall be one -half the cost
of the signal ".
We APPEAL item 9 for the following reasons:
We do not believe the city has any basis for charging us an in-
lieu fee for this signal. We proposed the signal, not the City.
We fully intend to conduct a traffic study and request that
Caltrans "warrant" the signal in our first phase. However, it
appears to us that the signal possibly may not be in the city's
Circulation Element of its General Plan at this time. If this is
so, we do not see how the City can require us to pay an in -lieu fee
for the signal.
Additionally, if the signal was in the City's Circulation Element
of its Master Plan, then we would likely receive a credit for
building it against fees we would be required to pay in regard to
the City's transportation development fees.
We certainly are happy about staff support for a signal in this
location. The signal is quite important to our project. We
understand that Lewis Homes feels strongly that a signal should
occur at this location also.
We propose that Condition 9 be eliminated. Additionally, we
propose that if the signal is "warranted" by Caltrans, than we be
allowed to request a reimbursement agreement for one -half the cost
of the signal improvements with the property owner on the north
side of street if development occurs there.
We also request that the signal at this location be added to the
Circulation Element of the General Plan and also be included in any
revisions to the "City -Wide System Fees for Transportation
Development" Ordinance (Ordinance No. 445).
This Appeal is concurrently being filed with an Appeal to certain
conditions of Conditional use Permit No. 91 -24 (Planning commission
Resolution No. 92-99, Adopted July 22, 1992).
sincerely,
Jack Masi
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G. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 91 -24 - MASI - The
development of 32 buildings totaling approximately 268,907 square feet and
comprised of a mix of industrial, multi- tenant, office and :eataUrant uses
in the Industrial Park district (Subarea 7) of the Industrial Area
Specific Plan, located at the southwest corner of Foothill Boulevard and
Rochester Avenue - APN: 229 - 011 -10, 19, 21, 26, 27, and 28. Associated
with the project is Parcel Map 13845. Staff recommends issuance of a
mitigated Negative Declaration.
H. ENVIRONMENTAL ASSESSKENT AND TENT&TIVR P&RcEL MAp 13845 SI - A
subdivision of 30.2 acres of land into 31 parcels in the Industrial Park
district (Subarea 7) of the Industrial Area Specific Plan, located at the
southwest corner of Foothill Boulevard and Rochester Avenue - APN: 229-
011-10, 19, 21, 26, 27, and 28. Associated with this project is
Conditional Use Permit 91 -24. Staff recommends issuance of a mitigated
Negative Declaration.
Beverly Nissen, Associate Planner, presented the staff report.
Commissioner Valletta asked if the Vintner's walk would be in Phase I.
Me. Nissen replied that staff proposed it be included with the Foothill
Boulevard improvements, which would be part of Phase I.
Commissioner Valletta asked if the designs had been through Planning
Commission Design Review or through the Historic Preservation Commission.
Me. Nissen replied they had been reviewed by a subcommittee of Planning
Commission and the Historic Preservation Commission members and the
subcommittee's recommendations were forwarded to the Historic Preservation
Commission, which granted conceptual approval with staff to do further review
of the details of the project.
Commissioner Valletta asked if the Masi family would be depicted in the
Vintner's Walk.
Ms. Nissen responded one and of the Vintner's Walk will have a story board of
the Masi family.
Commissioner Chitin asked if there was a condition requiring that grass or
ground cover be planted on all the parcels along Foothill Boulevard which will
not be developed with Phase I.
Ms. Nissen responded affirmatively.
Commissioner Melchor asked if the City will be exercising any control over the
preparation of the graphics, artwork, and text of the interpretive exhibits.
NO felt that a specialist in the field should provide those items.
Me. Nissen replied that the Historic Preservation Commission felt comfortable
in allowing staff to review the details of how the historical displays will be
put together and what they will contain.
Planning Commission Minutes _f14A. July 22, 1992
Commissioner Melcher felt there are many technical and artistic aspects to be
considered; such as how it will endure in weather including rain, sun, and air
quality; etc. He did not want a display that would become useless in a matter
of a few years.
Chairman McNiel opened the public hearing.
John Hannerino, 9333 Base Line Road, 0110, Rancho Cucamonga, introduced
project owners and developers, Mr. and Mrs. Jack Masi; project comptroller
Michael Scandiffio; project architects Byron Pinckert and John De Frenzap
engineer Todd Bremner; landscape architect Ray Diesell; and Broker Doug Nye
from Bishop Hawk.
Jack Masi, 5416 Electric Avenue, San Bernardino, stated he waa anxious to get
the project started. He indicated he had a lender and several tenants. He
showed a wax sculpture of a figure he planned to include in Vintner's Walk.
Mr. Mannerino noted that the development of the infrastructure and the
development of Vintner's Walk in Phase I would significantly impact the
economics of the project.
Michael Scandiffio, 1510 Riverside Drive, Burbank, discussed the proposed
phasing plan. He said Phase I would include the auto court area, Jack In The
Box, and a 4,000 square foot restaurant on the northwest corner of the site.
He estimated they would start their second phase within three to four months
of Phase I and Phase II would be the northeast corner of the site. He said
the Vintner's Walk would be located betwssn Phases I and II. He remarked the
third phase would be the center of the site and Phase IV Would be the entire
southern are &. He said they intended to construct ^B" Street )Masi Drive) in
connection with Phase I. He said the conditions also require that all of the
improvements along Foothill Boulevard be installed with Phase I. He noted
that Rochester Avenue has been substantially improved in connection with the
sports park with the exception of sidewalk, irrigation, and landscaping. He
discussed the Vintner's Walk concept. He acknowledged commissioner Melchor's
concerns about weathering and indicated they are experimenting with a few
processes including a photographic process whereby a print is made on a
wall. He noted Planning Condition 7 requires installation of the public art
with Phase 1. He said the statues along Vintner's Walk will be somewhat
delicate and he feared they may be vandalized prior to construction of the
adjacent buildings or damaged during construction of the second phase. He
requested they be able to construct Vintner's Walk in connection with Phase
II. He said the total construction coat of buildings for the first phase as
they propose it will be $2.4 million and the entire project's construction
cost is approximately $13 million. He said the total development fee coats
are S1.4 million and Phase I development fees are approximately $434 thousand,
while the total Phase I coats including development fees, plan check casts,
Foothill Boulevard median, Foothill Boulevard improvements, additional
Rochester work, and Masi Drive work total $928 thousand against construction
coats of $1.4 million. He felt lenders would be very reluctant to include
such heavy infrastructure costs in connection with the Phase I development.
He objected to the requirement to construct the median in Foothill
Boulevard. He said the conditions were written so that if CalTrane permits
Planning Commission Minutes rq July 22, 1997
an
construction, the median. and 32 feet of pavement on the opposite side of the
median will be constructed at a coat of approximately $162 thousand. He said
if CalTrane will not permit them to build the median, they are then required
to pay an in -lieu fee toward half the cost of the median, or $98 thousand. He
said the median strains the first phase and the costa may be higher because
CalTrane may require them to reconstruct the entire street because of a low
point in the current street. He felt it is a small segment and would be
better built by Lewis. He said it would be better if they could pay the in-
lieu fee for the median and improve their half of the street and have Lewis
Homes build the median when the median is extended down to Rochester. He said
the City could give their in -lieu fees to Lewis. He felt if they constructed
the Foothill Boulevard median, Lewis may change the design after doing their
grading. He said they planned to petition CalTrane for a median at Foothill
Boulevard where it intersects with Masi Drive and they would have to add 12
feet on the north side of Foothill Boulevard (the Lewis side) in order to
create more road bad, so they could install a painted median. He requested
that Engineering conditions 2b and 2c requiring the median between Rochester
Avenue and Masi Drive and the 32 feet of pavement on the north side of the
median, be deleted and Condition 3, permitting the in -lieu fee, remain. He
objected to Engineering Condition 9 requiring an in -lieu fee for installation
of a traffic signal at the intersection of Masi Drive and Foothill
Boulevard. He said they would be pursuing a traffic signal. He said it was
not clear if the light is in the City's Maxtor Plan. He thought the other
signals in the area are in the City's Special Assessment District so that
developers receive a credit. He said it seemed to be a light that only Lewis
and Masi want with the support of staff. He questioned why they would have to
pay an in -lieu fee of $50,000 when it is not in the City's Special Aeseesment
District and perhaps not in the City's General Plan. He felt the burden is on
them to obtain the light because they need the signal to make the project work
properly.
Chairman McNiel noted that was why they had the accompanying burden.
Mr. Scandiffio noted that Engineering Condition 4 requires that all of
Rochester Avenue be constructed with Phase I. He remarked that a good part of
Rochester has a delicate, decorative strset*cape going up to the building@, so
he requested they be permitted to install the sidewalk, landscaping, street
trees, and irrigation at the time of Phase II. otherwise, he feared they
would be damaged during construction of Phase II. He objected to Planning
Condition 9 requiring that landscaping from the sidewalk to the curb face
along the entirety of Masi Drive be completed prior to occupancy of the last
building of Phase I. He requested they be permitted to construct the street
but delay installation of the sidewalk* and landscaping until construction of
the adjacent phase* because he feared it would be subject to being damaged
during construction.
Mr. Mannerino requested approval of the project with their recommended
changes.
Hearing no further testimony, Chairman McNiel closed the public hearing.
Planning Comniesion Minutes A- duly 22, 1992
q�
commissioner Tolatoy noted that one of his great concerns has been with
parking lots becoming more prominent along Foothill Boulevard. He did not see
anything on the submitted drawings that would mitigate that concern. He said
there were many areas that do not appear to be finalized in the design.
Commissioner Valletta recalled during the workshop there had been discussion
regarding the streetacape along Foothill Boulevard and whether it should be
parking or buildings. She thought it had been determined it should be
parking, but it should be heavily bermed.
Chairman McNiel agreed the first presentation had been for buildings and
plazas along Foothill Boulevard, but there were questions about the
functionality of the project. He said the project was redesigned to
incorporate parking between the buildings.
Commissioner Toletoy recalled those discussions and said he agreed parking
would be necessary in those locations, but he wanted the parking to be
somewhat shielded from the traffic on Foothill Boulevard.
Chairman McNiel asked the berm height along Foothill Boulevard.
Me. Nissan said it is approximately 3 feet adjacent to Jack In The Box and the
Texaco station.
Commissioner Toletoy questioned what it would be adjacent to Phase II.
Ms. Nissan noted it would have Vintner's Walk and the seat wall.
Chairman McNiel reopened the public hearing.
Byron Pinckert, Hill, Pinckert Architects, 16969 Von Karman Avenue, #105,
Irvine, said that a berm occurs between Foothill Boulevard and the Vintner's
walk and a low wall will sit acainet the berm. He noted trellis work will go
over the walk with vines on the trellis.
Commissioner Toletoy asked if there are users for the other buildings.
John De Frenza, Hill, Pinckert Architects, 16969 Von Kaman Avenue, #105,
Irvine, said they are in negotiations.
Chairman McNiel again closed the public hearing
Commissioner Chitiea remarked eh* had the privilege of being involved in the
various sessions and the subcommittee meeting with Historic Preservation
Commissioners had been very enlightening an to how the project will work. She
remarked that the phasing plan had been presented at the previous weak's
Design Review Committee meeting. She felt it is imperative that public
improvements be installed with Phase I. She had mixed feelings about whether
the Vintner's Walk should be built with Phase I because she understood the the
argument for postponing it. She compared the project to Terra Vista Town
Center, noting that trellis work and public art have been installed with grass
behind, presenting an attractive ntreetecape while awaiting construction of
Planning Commission Minutes V?c` July 22, 1997
I
the adjacent building,. She feared that some of the building, in Phase II
would not be built for acme time and observed that the sports park and hotel
will be built. She thought it important to have the public connections to
the project from the other facilities. She realized it may create a large
burden on Phase I and thought perhaps Phase I should be enlarged to
incorporate more buildinge. She thought an in -lieu fee for the median may be
an option.
Commissioner Valletta asked if the subcommittee had reviewed the artwork for
the Vintner's Walk.
commissioner Chitiea stated they had reviewed examples of work by the artists
being suggested and the suggested locations were reviewed. She said they had
came to mutual agreement with regard to the type, location, and
appropriateness, as well as the design of the archways and the plantings.
Commissioner Valletta noted she had been impressed with the grapes in the
original proposal.
Commissioner Chitiea noted that would be incorporated within the walkway with
various items along the Welk and at the terminus.
Chairman McNiel again opened the public hearing.
Mr. Ds Frenza said they are still working with the graphic designer to design
the logo for the complex and finalize the name for the complex.
Commissioner Valletta asked if it would be incorporated on Foothill Boulevard.
Mr. De Frenza said they have prepared a project identity sign with a circular
form as logo in the signage. He said they would be showing that an part of
the Uniform Sign Program application.
Chairman McNiel recalled that the Historic Preservation asked to be involved
in the content of the interpretive signage along Vintner's Walk to ensure the
text is valid.
Commissioner Chitiea proposed that the landscaping should be included up to
the sidewalk with Phase I while the landscaping behind the sidewalk could wait
until Phase II, so long as the area is hydroseeded and irrigated.
Mr. De Frenza felt it was the Historic Preservation Commission's opinion that
it was their decision to review the text of information being presented on the
boards. He concurred with Mr. Scandiffio that it would be better to construct
the Vintner's Walk with Phase II.
Chairman McNiel again closed the public hearing.
Commissioner Valletta stated she was comfortable with the proposed phasing and
was willing to consider some of the concerns of the applicant. She said she
was pleased with the architecture and expressed appreciation for the
architect's willingness to work with the Commission. She thought the Historic
Planning Commission Minutes d'%B+ July 22, 1992
q1
Preservation Commission should work with the applicant so far as the walla
along the Vintner's Walk but felt the Planning Commission should be involved
with some of the artwork and agreed with Commissioner Melchor that it is
important to be sure that the artwork is of the appropriate materials so it
.111 age well.
Commissioner Matcher noted that the technical aspects are important, art I.
the purview of the artist, and the material presented would be the purview of
the Historic Preservation Commission. However, he felt a professional should
be involved to be sure that everything is put together properly or the message
will be meaningless. He said he had done some museum work and is aware of
what it takes to interpret things successfully. He felt the attention span of
most pedestrians in the area would not be conducive to reading long blocks of
text. He therefore felt it is important to employ an expert to be sure it is
done properly.
Chairman McNiel noted that Mr. Scandiffio had discussed the median in Foothill
Boulevard.
Commissioner Melcher felt the Commission's responsibility is to sea to proper
planning. He supported staff's recommendations and felt the applicant's
objection should be addressed by the City Council.
Chairman Valletta noted the condition is typical with requirements of other
developers in the City and she supported staff's recommendation.
Chairman McNial commented that the applicant had questioned the need for the
in -lieu fee for the traffic signal at Masi Drive and Foothill Boulevard. He
felt that if Masi Drive were not being constructed and the applicant did not
wish to stop traffic to provide better access to their project, there would be
no need for a traffic signal. He thought the signal serves only as a function
Of the project.
Dan James, Senior Civil Engineer, noted the applicant in conditioned to pay
the in -lieu fee prior to the recordation of the map but if they pursue the
signal and have it approved by CalTrans, that would most the intent of the
condition and an improvement agreement would guarantee installation of the
signal. He felt Engineering staff would have the authority to negate the
requirement to pay the in -lieu fee because the intent would be met.
Shintu Home, Deputy Engineer, stated the condition was written to require the
in -lieu fee because staff feels CalTrane will not approve the signal until the
northerly log of the street is built and the median is completed to the end of
the block.
Chairman MCNiel observed that experience has shown that phases do not
necessarily get constructed in the order originally planned. He noted that
the applicant had requested that the sidewalk and landscaping along Rochester
Avenue be incorporated with Phase II.
Commissioner Melchor agreed with Commissioner Chitiaa's point that pedestrian
connections to other developments in the area are important and he felt the
improvements should remain in Phase I.
Planning Commission Minutes ikgY July 22, 1993
11n)
The remaining Commissioners concurred
Chairman McNial noted the applicant had requested that Vintner's Walk be
constructed ix. conjunction with Phase II.
Commissioner Chitiea felt it should be with Phase I.
Commissioner Melchor felt it could go with Phase II. He agreed that a
suitable level of development be placed at the corner but he felt the
Vintner's Walk will be well off the corner and out of the public right -of-
way. He thought it could wait until the development of the contiguous phase.
commissioner Chitiea was concerned that the building pad sites could be
parceled off and the burden would be too great to be placed on a small project
with the result that the Vintner's Walk may not be built. She felt the
Vintner's Walk is part of the mitigation agresment to build the entire project
and she feared changing economic times may preclude it from being
constructed. She agreed construction would not need to reach up to the
proposed buildings until they are built. She noted there are no surrounding
buildings to the sculpture and trellis work at the northeast corner of
Foothill Boulevard and Haven Avenue and she felt that site has been an
improvement.
Commissioner Vallette concurred with Commissioner Chitiea,
Commissioner Toletoy felt Vintner's Walk and the statues should not be
constructed until the surrounding buildings are built.
Commissioner Melchor asked if it would be possible to combine Parcels 25, 26,
and 27 to preclude the selling off and individual development of the
parcels. He noted that Commissioner chitin had raised a valid point that the
parcels may be sold and developed separately with the argument that the cost
of constructing Vintner's Walk is too great for an individual parcel.
Commissioner Toletoy agreed that was a valid concern. However, he felt there
may be vandalism if there is no building in proximity to the improvements. He
felt that installing statues without the adjacent buildings would invite
vandalism. He also wanted to be sure Vintner's Walk is constructed.
Brad Buller, City Planner, suggested the Commission may wish to have the
walkway and public improvements completed with Phase I. He felt the area
where the statue will be installed could be constructed with the walkway but
the commissioned art could be put in storage and not installed until the
adjacent buildings are constructed.
Commissioner Chitiea asked if there had been any vandalism to the large
sculpture at Haven Avenue and Foothill Boulevard.
Mr. Buller responded that he had not heard of any.
Chairman McNial noted that the parcel identified as Phase II is a separate
entity. He wondered if the walk would ever be built if not Included with
Phase I. He wan not sure there would be a problem with vandalism.
Planning Commission Minutes A&&, July 22, 1992
to I
Commissioner Toletoy felt there would be vandalism in that location,
especially with people going to and from the sports complex.
Chairman McNiel felt there will be adequate parking at the complex. He
indicated he would like to delay the installation of the walk but was
concerned it may not be built.
Commissioner Chitiea felt the area will be a gateway to the sports complex.
She felt it will make a statement that more development is planned instead of
leaving an empty appearance.
Commissioner Toletoy agreed that Foothill Boulevard and Rochester Avenue is an
important intersection, but he did not feel it can be compared to Foothill
Boulevard and Haven Avenue.
Chairman McNiel recapped that Commissioners Toletoy and Melchor favored
delaying the construction while Commissioner Valletta, Chitioa, and he favored
the installation with Phase I. He noted the applicant had requested that the
landscaping and sidewalk along Masi Drive be deferred until construction of
the contiguous phases.
Commissioner Melchor noted that the proposed phasing plan had included a
temporary cul -de -sac south of Phase I, but the conditions now require that all
of Mae! Drive be built, including the east-west section.
Mr. Buller agreed that was correct.
Commissioner Valletta indicated that she did not oppose deferring the
landscaping on the east -west section.
Commissioner Chitiea felt it should be left as conditioned.
Commieaioner Melcher favored installing the landscape and sidewalks with
Phase I.
Commissioner Toletoy agreed.
commissioner Valletta requested that Planning Condition 7 be revised to
require that the comainsroned public art and interpretive public display be
reviewed by the Planning Commission instead of the City Planner. She wanted
to see that soma of the original art proposals are incorporated into the final
design.
Mr. Buller stated that if any aspect of what was presented were to change, he
would not approve the plans without returning to the Historic Preservation and
Planning Commissions.
Commissioner Chitiea felt the condition should incorporate the concerns of
both Commissioners Valletta and Melchor, which would require the Commlaaion to
see the entire package before final approval.
Planning Commission Minutes _M_ July 22, 1991
jo2
Commissioner Melchor noted he did not feel the applicant should employ a
consultant to review what had already been prepared, but rather to assist in
the, preparation of the material. He thought the concern was that the
Commission should vat the public art in its total concept. He felt perhaps it
could be ac Dimple as a working session witn the applicant to review what had
already been prevented.
Commiaeioner Tolatoy questioned if the Uniform Sign Program had been presented
to the Planning Commiasion.
Chairman McNiel stated it had not.
Commissioner Tolatoy felt the full Commission should review the Uniform Sign
Program. He noted that when reviewing building elevations he likes to know
what the sign program will be to determine if Sign* can be tastefully applied
to the building.. He said he was uncomfortable with approving the project, in
that he did not feel that all of the issues have been raised let alone been
solved.
Chairman McNiel indicated the Commission could review the sign program.
Commissioner Valletta asked if there were other items that Commissioner
Tolatoy did not feel comfortable with other than the sign program.
Commissioner Tolstoy said he saw a lot of items that will be approved by the
City Planner and he felt those issues should have been resolved and presented
to the Commission as a finished package.
Motion: Moved by Chitiea, seconded by Valletta, to issue a Negative
Declaration and adopt the resolution approving Conditional USE Permit 91 -24
with modifications to require the submission of a revised concept plan for tha
public art, the retention of the Services of a professional to assist in
developing the plan, and approval of the Uniform Sign Program by the Planning
Commission. Motion carried by the following vote:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, VALLETTE
NOES: COMMISSIONERS: TOLSTOY
ABSENT: COMMISSIONERS: NONE - carried
Motion: Moved by Chitiea, seconded by Melchor, to issue a Negative
Declaration and adopt the resolution approving Tentative Parcel Map 13845.
Motion carried by the following vote:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE - carried
COMMISSION BU
Planning Commission Minutes yyY- July 22, 1992
io3
CITY OF RANCHO CUCAMONG A
STAFF REPORT
DATE: July 22, 1992
TO: Chairman and Members of the Planning Commission
FROM: Brad Huller, City Planner
BY: Beverly Nissen, Associate Planner
SUBJECT: LNVIRONMLN'TAL ASSESSMENT AND CONDITIONAL USE PERMIT 91 -24 -
MASI - The development of 32 buildings totaling approximately
268,907 square feet and comprised of a mix of industrial,
multi- tenant, office, and restaurant uses in the Industrial
Park district (Subarea 7) of the Industrial Area Specific
Plan, located at the southwest corner of Foothill Boulevard
and Rochester Avenue - APR; 229 - 011 -10, 19, 21, 26, 27, and
28. Associated with the project is Parcel Map 13845. Staff
recommends issuance of a mitigated Negative Declaration.
PROJECT AND SITE DESCRIPTION:
A. Action Requested by Applicant: Approval of Conditional Use Permit
91 -24 to allow the development of 32 buildings consisting of a mix
of industrial, multi- tenant, office, and restaurant uses located at
the southwest corner of Foothill Boulevard and Rochester Avenue and
issuance of a mitigated Negative Declaration.
B. Surrounding Land Use and Zoning:
North - Vacant; Terra Vista Planned Community; MOC (Mixed,
Office, Commercial, Residential)
South - Sports Complex; Subarea 7 (Industrial Park), Industrial
Area Specific Plan
East - Aggazzotti Winery; Subarea 8 (Industrial Park),
Industrial Area Specific Plan
West - Vacant; Subarea 7 (Industrial Park), Industrial Area
Specific Plan
C. General Plan Designations:
Project Site - Industrial Park
North - Medium Residential (8 -14 dwelling unite per acre)
South - Industrial Park
East - Industrial Park
West - Industrial Park
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PLANNING COMMISSION STAFF REPORT
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July 22, 1992
Page 2
Site Characteristics: The site is approximately 27 acres in size
and slopes approximately 2 percent from north to south. The site
is generally vacant except for the existing "La Fourcade" stucco
building at the southwest corner of Foothill Boulevard and
Rochester which is currently vacant, but which most recently housed
the Cowgirl Theater. Prior to this, the building was originally
utilized as a store and gasoline filling station and later as a
restaurant. The building is slated for demolition, however, it was
recently designated as an Historic Point of Interest by the City
Council. Approximately five Olive trees (Olea europa) were located
along the eastern side of the parcel and were removed with the
widening of Rochester Avenue.
E. Parking Calculations:
See Exhibit "A ".
ANALYSIS:
A. General: The applicant is proposing to develop 32 buildings on 27
gross acres of land. Building 1 is a Jiffy Lube facility; Building
2, a Texaco gas station; and Building 32, a Midas Muffler Shop.
Buildings 30 and 31 are also automotive -type uses. An Automotive
Service Court concept was approved as part of Industrial Area
Specific Plan Amendment (ISPA) 92 -02 (See Section C).
Building 3 is a fast food restaurant (Tack -In -The Box) with a
drive -thru lane. Building 5 is a proposed restaurant of 14,000
square feet. No architectural elevations have been submitted for
Building 5 as it is currently the site of the Victory Chapel. In
the future, a Development. Review application will be required when
architectural elevations for the proposed restaurant are
submitted. Building 14 may possibly become the future location of
the Victory Chapel facility which is currently located in an
existing building on the site. A portion of Building 4 (4,000
square feet) is also proposed for restaurant use. All of the a":
uses fall under the currently proposed Conditional Use Permit,
except for Vi.;tory Chapel which has a separate approved Conditional
Use Permit.
Buildings 15 -29 in the southern portion of the site are proposed to
I used for multi- tenant industrial uses and possibly
warehousing. Buildings H -13 in the center of the site are proposed
for Speciality Building Supplies and Home Improvement uses or
possibly multi- tenant industrial.. Buildings 6 and 7 will most
likely be used as some type of office space.
Background: The Planning Commission has conducted preliminary
courtesy workshops on this project on August 8, September 5, and
05-
PLANNING COMMISSION STAFF REPORT
CLT 91 -24 - MASI
July 22, 1992
Page 3
September 25, 1991. After the third workshop, a subcommittee of
the Planning Commission (MCNiel, Melcher) was appointed to address
architectural issues. The subcommittee and staff met with the
applicants on October 10, and October 31, 1991. The subcommittee
then forwarded two alternative architectural concepts to the full
Planning Commission for review on November 13, 1991. At that
meeting, the Commission felt the more traditional of the two
architectural styles was the preferred concept and directed the
applicant to proceed in that direction.
C. Industrial Specific Plan Amendment: Concurrently with the CUP
application, the applicant submitted a request for an Industrial
Area Specific Plan Amendment. ISPA 92 -02 was a three part
amendment which was reviewed by the Planning Commission on March
11, and March 25, 1992 and approved by the City Council on June 1,
1992 through Ordinance 496 (Exhibit "B "). The amendment modified
the three following aspects of the Industrial Area Specific Plan:
1. The local circulation pattern along Rochester Avenue was
modified to shift access points in a southerly direction.
2. An Auto Court use, consisting of automotive services and
related activities was added as a conditionally permitted use
in Subarea 7, subject to design guidelines.
3. Specialty Building Supplies and Home Improvement was added to
the list of conditionally permitted uses for Subarea 7.
All three of the above elements have been incorporated into the
Conditional Use Permit application. The northernmost driveway on
Rochester Avenue currently coincides with the revised access
location. An Auto Court use has been proposed in the northwest
portion of the site and has been reviewed for compliance with the
newly adopted design guidelines by the Design Review Committee.
Additionally, Specialty Building Supplies and Home Improvements
uses may potentially be located in the buildings in the center
portion of the site which are 25,000 square feet or less.
Design Review Committee: The Design Review Committee (MCNiel,
Melcher, Kroutil) reviewed site plan issues on April 16, 1992. The
applicant presented two alternatives at the meeting. Alternative A
indicated Buildings 6 and 7 at the extreme northeast corner of the
site and Building 5 (proposed restaurant) with 10,000 square
feet, Alternative B indicated the deletion of Building 7 and the
expansion of Building 5 to 14,000 square feet. The Committee did
not approve the project and requested that the following items be
revised and re- reviewed by the Design Review Committee:
16 d
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 - MASI
July 22, 1992
Page 4
The Activity Center concept requires additional analysis and
the applicant should study all four corners of the
intersection to ensure that spatial relationships are
compatible. The applicant may wish to consider relocating the
drive aisle on Foothill Boulevard westerly in order to expand
Building 5 (Spaghetti Factory) to the west which could create
a more pleasing symmetry at the corner. The applicant might
also consider creating a pedestrian oriented courtyard or
other focal point at the corner and flanking it with buildings
along both Foothill Boulevard and Rochester Avenue.
2. The screening of the Auto Court is acceptable as presented;
however, the on -site circulation pattern is problematic due in
part to the northerly driveway. There may also be on -site
traffic conflicts with automobiles exiting the car wash and
those entering the Jiffy Lube. The on -site circulation should
be carefully reconsidered and the northerly driveway into the
Auto Court should be deleted.
The applicant should provide more details for the Jack- In -The-
Box facility. The trash enclosure should be relocated closer
to the building. The applicant should consider a small
retaining wall at the corner to further screen the drive -thru
aisle. It would be awkward to screen the drive -thru lane with
the building; however, the use of trellis work and low screen
walls could be incorporated. The drive -thru policy also
requires that the buildings orient public entrances to the
street which the applicant has complied with. The southern
side of the facility has the potential for pedestrian plazas
and eating areas which has not been explored in the proposed
design.
4. The alignment of "A" Street (Masi Drive) is acceptable as a
straight street. The sidewalk should also be straight,
however, extensive landscaping should be provided along the
street frontage.
5. The landscaping adjacent to the buildings should be re- worked
as much as possible to provide wider planter areas in order to
accommodate tree plantings.
6. Details of lunch court areas should be worked out with
staff. The size of the eating areas is acceptable, but the
applicant should review the landscaping and street furniture
details with staff.
1. The parking layout adjacent to Buildings B -12 should be
redesigned in order to provide the majority of the parking
aisles in a north /south direction. The Committee suggested
toff
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 - MASI
July 22, 1992
Page 5
that there should be some type of continuous east /west drive
aisle that did not have parking spaces backing up onto it. It
was suggested that a scheme similar to the K -Mart Center could
be utilized which has a parking court in front of the main row
of buildings.
S. The required historic element should be incorporated into the
site design and presented to the Committee for review and
approval.
9. The wind chimes tower and the two fountains should be
integrated more carefully into the site plan.
1e. The applicant should work with staff to resolve the on -site
circulation in the southern portion of the site. The
triangular shaped planters could be flattened out to provide a
straighter driving path from east to west.
11. The median along "A" Street should be deleted unless
Engineering staff will permit it. The applicant could also
move the median to the private drive aisle off of Foothill
Boulevard which would alleviate Engineering concerns.
The Design Review Committee (McNiel, Kroutil) reviewed
architectural issues at their May 7, 1992, meeting. In response to
written staff comments, the applicant brought modified
architectural elevations for several buildings to the meeting.
These modifications were reviewed by the Committee and the
following observations were made:
1. The design of the canopy element used throughout the project
needs to be explained graphically, in a larger scale. The
Committee also expressed serious reservations about the use of
fabric /mylar awnings in this high wind area.
2. The detailing of all auto court structures should resemble
more closely the other commercial /service buildings in the
project through the use of appropriate base material, cornice,
and window treatment. In particular, the car wash enclosure
and Buildings 31 and 43 require additional attention to be
more consistent with the rest of the project.
3. The 9 -foot high auto court screen wall should retain 2 -3 feet.
of fill to reduce its apparent height from Foothill Boulevard.
4. In general, all structures should be more three- dimensional
with varying degrees of architectural treatment on all
sides. Appropriate architectural treatment should wrap around
the west elevation of Building e, the west /northwest
elevations of Building 19, and south elevation of Building 20.
E
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 - MASI
July 22, 1992
Page 6
The applicant also introduced an elevation of the south property
line. It was the Committee's consensus that a 6 -foot high wall, as
measured from the north side, would be adequate. It was noted that
tree plantings would be needed just south of Building 20. (Please
note the question of required fill /retention along the southerly
property line is yet to be resolved. Staff's recommendation will
continue to be that the amount of fill and subsequent overall
height of the south bank of structures be minimized.)
The applicant also brought a new concept for the activity center/
"Vintner's Walk." While the idea appeared imaginative, the
presentation was very sketchy and needed to be developed in some
detail. Staff suggested a joint Historic Preservation
Commission /Planning Commission subcommittee meeting to review this
concept.
Although the site plan was not on the agenda, a revised site plan
was introduced at the meeting by the applicant. Engineering staff
had again indicated their objection to the proposed median within
the local public street.
The applicant was directed to submit a complete and internally
consistent development package, including a fully dimensioned site
plan, landscape plan, and all elevations for approval by Technical
and Design Review Committees.
The Committee (McNiel, Chitiea, Kroutil) met again on June 4, 1992,
to discuss the remaining site plan and architectural issues. The
applicant made alterations to the plans which effectively addressed
the above noted issues: Site Planning: No. 1, 2, 3, 4, 6, 7, B,
9, 10, and Architecture: No. 3.
The Design Review Committee (Chitiea, McNiel, Kroutil) requested
that the following item be reviewed by them prior to scheduling for
a Planning Commission hearing:
The applicant should provide material samples and colors of
the mylar /canvas canopy element and the perforated steel
canopy material so that the Committee can make a final
selection.
The following items should either be re- reviewed by the Committee
or placed as conditions on the project:
Vines should be added adjacent to Buildings 11 -18 along the
alley -side where area for planting is severely limited.
Trees within the lunch court areas should actually be planted
in the ground rather than in pots. Each eating area should be
r
PLANNINC COMMISSION STAFF REPOR ^_
CUP 91 -24 - MASI
July 22, 1992
Page 7
provided with a trash receptacle. The furniture should be
revised to have backs on the seats for greater comfort.
4. The buildings comprising the Auto Court have been designed
with 4 -inch stucco recesses. The recesses should he
redesigned with a bull nose or something other than a strictly
90- degree angle.
The revisions to Buildings 8 and 19 were acceptable; howevers
the south side of Building 20, due to its proximity to
Rochester Avenue, will require additional upgrading.
Additionally, the rear elevations of Buildings 21 -23 should be
upgraded.
be reviewed by the Design Review Committee prior to Planning
Commission hearing or added as conditions to the Resolution of
Approval:
Vines adjacent to Buildings 11 -18 should be planted in a
continuous 2 -foot planter, rather than vine pockets, if
permitted by the Rancho Cucamonga Fire District.
2. The Committee (McNiel, Chitiea, Rroutil) approved the
mylar /canvas canopy element in the thickest gauge available.
Color schemes of the canvas should be carefully worked out. A
diagram providing color locations should be submitted for
review and approval by the Committee. The possibility of
keying the awning color to the type of use was also discussed.
3. The glass along the south elevation of Building 20 should be
recessed in a manner similar to the other proposed
buildings.
4. A reflective coating should be applied to the glass portions
of those buildings which free drive aisles and Rochester
Avenue. The purpose of the reflective coating is to provide
an opaqueness to the glass so that storage areas will not be
visible.
5. Vines planted along the Sports Park property (south of the
south property wall) should be allowed to extend up and over
the wall and onto the buildings in order to discourage gaffiti
and to soften the wall and buildings.
6. The bullnose edge for all buildings with the 4 -inch stucco
recess should be reviewed and approved by the Planning
Division.
I I-D
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 - MASI
July 22, 1992
Page 8
Lunch court furniture should be revised to include wire seats
and concrete tables. Wire seats should match the proposed
awning color.
B. The applicant should consider providing a stone base along the
bottom portion of Buildings 4, 7, and 20 in those locations
where glass extends all the way to the ground.
The applicant has incorporated Items No. 1, 3, and 7 into their
final submittal package. .Items No. 2, 4, 5, 6, and 8 will be added
as conditions of approval.
Fast -Food Pad: A fact food restaurant (Sack -In- The -Box) is
proposed on Parcel 30 (directly east of "B" Street, along Foothill
Boulevard). The facility was reviewed by staff and the Design
Review Committee (MCNiel, Melcher and Kroutil) on April 16, 1992,
for conformance with the interim drive -thru policies as indicated
in Section D above. The facility is inconsistent with the drive -
thru policy in that the stacking aisle is directly adjacent to
Foothill Boulevard. The applicant has mitigated this concern,
however, by adding trellis work with vine plantings and low screen
walls along the north side of the structure. Additionally, a
3 -foot earthen berm is located between the structure and Foothill
Boulevard.
F. Historic Preservation Commission: The Historic Preservation
Commission (HPC) requested that the property at the southwest
corner of Rochester and Foothill Boulevard be reviewed to determine
its historic significance in response to a demolition request for
the structure known as the Cowgirl Theater. The HPC recommended
that the LaFOUrcade store be designated an Historic Point of
Interest. The recommendation was forwarded to the City Council on
September 18, 1991. The designation was approved on that date
along with a mitigated Negative Declaration. Mitigation measures
for the demolition are noted in Exhibit "C." The applicant has
complied with Conditions No. 1 and 3. Condition No. 4 deals with a
monetary contribution to be collected prior to the issuance of
building permits. Although this condition has previously been
reviewed by HPC and City Council, it has also been included in the
Resolution of Approval for this application, since it is tied to
building permit issuance for the project. Condition No. 5 dealing
with oral history interviews is being worked out with HPC staff.
Condition No. 2 states the following:
The development of the site shall incorporate details of
the sites histeu v, in particular the LaFourcade period,
through the incorporation of the following measures:
commissioned public art and development and placement of
PLANNING COMMISSION STAFF REPOR:
CUP 91 -24 - MASI
July 22, 1992
Page 9
interpretative public displays. The final
specifications of such measures shall be reviewed by the
Historic Preservation Commission and forwarded with the
recommendation to the Planning Commission during
development /design review hearings on any development
proposal for this site. Final approval of the
appropriate public art and interpretive displays shall
occur prior to the issuance of any building permits."
In working towards fulfillment of this condition, the applicant met
with a subcommittee of the Historic Preservation Commission and the
Planning Commission (Marsha Banks, Steve Preston, Larry McNiel,
Suzanne Chitiea) on May 27, 1992, to discuss their proposal for
commissioned public art and the development and placement of
interpretive public displays. The applicant presented their
concepts to the subcommittee, which were essentially acceptable.
The following proposals were approved by the Historic Preservation
Commission on July 2, 1992.
Interpretive Public Displays and Vintner's Walk: The walkway will
extend approximately 160 feet along Foothill Boulevard as
oriainally proposed. The names of the Vintner families, along with
the dates their wineries were established, will be incorporated
into the walk on inscribed pavers. The walkway will have a metal
trellis along its length and historical display panels with text
and photos depicting the history of wine making in the area
starting with the LaFOUrcade period and covering the immigrant
grape growers and vintners of the 1920s to 1930s. Areas for
seating will be incorporated along the walkway. The applicant has
proposed four to six display panelsi however, staff would recommend
that six be utilized along the length of the walk.
The applicant has also proposed a 7 -foot wide "story board" at the
eastern end of the Vintner's Walk where the original LaFourcade
store stood. The story beard would he a has relief depicting the
LaFourcade winery. The applicant has proposed that the relief
pictorially show LaFOUrcade directing the construction of the first
wells in Cucamonga as well as views of some of the buildings he
constructed.
Also in partial fulfillment of the interpretive display
requirement, the applicant has proposed an additional story board
location at the western end of the Vintner's Walk depicting the
Masi family. The bas relief would portray the hillside vineyards
of the Masi's home town in Italy, members of the Masi family, and
their lands and winery in Cucamonga.
H1
PLANNING COMMISSION STAFF RE^ORT
CUP 91 -24 - MASI
July 22, 1992
Page 10
Commissioned Public Art: To fulfill this requirement, the
applicant has proposed a sculpture of a vintner carrying a basket
of grapes which would be located approximately midway along the
Vintner's walk. The sculpture is intended as a tribute to the wine
making families of the area. A 12 -inch wax model of the sculpture
will be available at the meeting.
A condition of approval has been incorporated into the Resolution
of Approval which requires final detailed plans to be reviewed and
approved by the City Planner prior to the issuance of building
permits.
G. Technical Review Committee: The Technical Review Committee
reviewed the project on April 15, and June 3, 1992. Continents from
the Technical Review Committee have been incorporated into the
recommended Conditions of Approval.
N. Grading Committee: The Grading Committee reviewed the project on
April 14, and June 2, 1992, and recommended approval on June 2.
Environmental Assessment: Part I of the Initial Study has been
completed by the applicant. Staff has completed Part II of the
Environmental Checklist and found that, although the project could
have a significant effect on the environment in several areas,
including traffic and cultural resources, there will not be a
significant effect on the environment in this case because of the
mitigation measures which have been included in the project design
or as Conditions of Approval within the attached Resolution.
Therefore, if after reviewing the proposed mitigation measures
specified within the Resolution, the Commission concurs with
staff's findings, then issuance of a mitigated Negative Declaration
would be in order.
FACTS FOR FINDINGS: In order for the Planning Commission to approve the
project, the following facts for findings must be made:
A. The proposed use is in accord with the General Plan, the objectives
of the Development Code and the Industrial Area Specific Plan, and
the purposes of the district in which the site is located.
The proposed use, together with the conditions applicable thereto,
will not be detrimental to the, public health, safety, or welfare or
materially injurious to properties or improvements in the vicinity.
The proposed use complies with each of the applicable provisions of
the Development Code and Industrial Area Specific Plan.
CORRESPONDENCE: This item has been advertised as a public hearing in
the Inland Valley Daily Bulletin newspaper, the project has been posted,
and notices were sent to all property owners within 300 feet of the
project site.
Ili
PLANNING COMMISSION STAFF REPORT
CUP 91 -24 - MASI
July 22, 1992
Page 11
RECOMMENDATION: Staff recommends that the Commission receive all public
testimony on the project. If after receiving all testimony, the
Commission concurs with the findings suggested, then issuance of a
mitigated Negative Declaration and approval of Conditional Use Permit
91 -24 through adoption of the attached Resolution would be in order,
;1B es u11 itt d,
ra ller it Plan:BN:je
Attachments: Exhibit "A" - Parking Calculations
Exhibit "B" - Ordinance 496
Exhibit "C" - Resolution 91 -275 (Historic Point of
Interest)
Exhibit "D" - Parcel Map 13845
Exhibit "E" - Detailed Site Plan
Exhibit "F" - Landscape Plan
Exhibit "G" - Street Corner Study
Exhibit "H" - Activity center
Exhibit "I" - Lunch Area
Exhibit "J" - Shared Entries along "A" Street
Exhibit "K" - Section at Auto Court
Exhibit "L" - Building 2
Exhibit "M" - Building 3
Exhibit "N" - Building 3 Section
Exhibit "O" - Building 4
Exhibit "P" - Building 4
Exhibit "Q" - Building 6 B 7
Exhibit "R" - Building 6 6 7
Exhibit "S" - Building 8 -12
Exhibit "T" - Building 13
Exhibit "U" - Building 13
Exhibit "V" - Building 14
Exhibit "W" - Building 15 6 16; 17 a 18
Exhibit "K" - Building 19
Exhibit "Y" - Building 20
Exhibit "E" - Building 21
Exhibit "AA" - Building 22 6 231 24 6 25
Exhibit. "BE" - Building 26
Exhibit "CC" - Building 27
Exhibit "DD" - Building 28
Exhibit "EE" - Building 29
Exhibit "FF" - Building 30
Exhibit "GG" - Building 31
Exhibit "HH" - Building 32
Exhibit "II" - Section at South Property Line
Resolution of Approval with Conditions
114
PARKING CALCULATIONS FOR CUP 91 -24
BLDG.
TYPE OF
SQUARE
PARKING RATIO
# OF SPACES
A OF SPACES
NO.
USE
FOOTAGE
PER SO. FT.
REQUIRED
PROVIDED
1
Jiffy Luba
1800 ( 3 bays)
3+ 21bay
9
12
2
Texaco
1800
10
11
- self service car wash
2.5
- gas station
3 +2 /bay
3
Jack -in- the -Box
2770
1/75
37
36
4
Restaurant
4000
1 /100
40
45
Office
5400
11250
22
22
5
Restaurant
14000
11100 (< 6000)+
205
150(' )
1155(>6000)
6
Office
5400
11250
22
22
7
Office
5000
1/250
20
20
8
Office
20000
1/250
80
90
9
Office
22000
1/250
88
100
10
Office
20200
11250
81
101
11
Multi- tenant Industrial
10000
11400
25
44( ")
12
Multi- tenant Industrial
10000
11400
25
44( ")
13
Multi- tenant Industrial
8800
1/400
22
43( ")
14
Multi- tenant Industrial
8096
11400
20
25
15
Multi- tenant Industrial
5682
11400
14
16
16
Multi- tenant Industrial
5682
1/400
14
17
17
Multi- tenant Industrial
5325
1/400
13
16
18
Multi- tenant Industrial
6395
1/400
16
17
19
Multi- tenant Industrial
8200
11400
21
26
20
Multi- tenant Industrial
8900
11400
22
34
21
Multi- tenant Industrial
7500
1 /400
19
20
22
Multi- tenant Industrial
6304
1/400
16
18
23
Multi- tenant Industrial
7145
11400
18
19
24
Multi- tenant Industrial
7145
11400
18
19
25
Multi- tenant Industrial
6724
1/400
17
18
26
Multi- tenant Industrial
6300
1/400
16
17
27
Multi- tenant Industrial
7200
11400
18
18
28
Manufacturing
14000
11500
28
28
29
Manufacturin
12000
1/500
24
24
30
Auto Service
9568
3 + 2/bay
13
25
31
Auto Service
7079
3 + 21bay
19
20
32
Auto Service Midas
5060
3 + 21ba
11
19
TOTAL
1023
1136
( ' ) - A parking easement will be granted from Parcel 24 (Bldgs. 11, 12, and 13) to
Parcel 27 (Bldg. 5) providing the additional 55 spaces required for the restaurant facility,
( " ) - Buildings 11, 12, and 13 have an excess of 59 parking spaces which will be allocated
to Building 5. Note that parcel lines can not be changed to equalize the parking due to
different ownerships
EXHIBIT "A"
w `
OML%WM NO. 496
• •.• 1 1 M 1 1 Y •• MI • 1 1 Y
V y' • Y' •I 1'h ".• I 1 1• � Y' • Y •1• iY1
q q U 1 y J 1 11 n I •>. f n i1
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Y M u 1Y l' M I. 1 • •• y Y]� p
i it 1>. •• 1 • r • Y. 1 A
111 Y '1 `L 3Y 111 >• 11
•11
The city Om=il of the city of Rancho Q=mmga does hereby ordain as
follows:
4PC12C2t 1: Part Ter Figure IV-9, is hereby amttdei as shown on the
attached Exhibit "A."
0=9 2: Part III, Table III -1, is hereby amended to reed, in words
and figures, as sham in the attached Exhibit "B."
SBCIlm 3: Part IV is hereby ameded to add "Aubom tine Service
court" and "Specialty Building SupPlies and Home 7a¢ovemets" as Conditionally
Permitted use within Subarea 7 as shown in the attached Exhibit "c."
SpILTICN 4: Part III, Table III -2, Subsection Dr land use type defini-
tion fns "Automotive Servi pant" and "Specialty Building Supplies and Home
Improvements" are hereby added to read, in wordy and figures, as follows:
An integrated cluster of related automotive
service activitim, which typically inclAs: gas stations; service
stations, with or without ancillary cam Such as car washes and food
mots; automotive service and repair including mufflers, shocks,
alignments, brekm, oil chengm, ludricaticro, hrs- pm, racy checks,
and Lira repair and replacement; installation of air conditioning, car
phOn", stereos, windshields, and upholstery; windshield tinting; sale
of auto parts; and other related servioes. Service typically
provided in the category "Automotive and Trudy Reps.ir - Majkr" are
specifically prohibited.
Auto Courts shall comply with the following design criteria:
- Maximum size: 4 acres.
- Must be anchored by a gas or servios station.
- Maxim= frontage along a major or secondary arterial street: loo
feet.
- No aocess to the site will be permitted directly off any major
arterial �I &
ATI-ACH MfN T rXI I I NT It bhh
Ordinance No. 496
Page 2
- Service bays and pump islands shall be screened from all major
and secondary arterials through a combination of hems, ]and -
scapug, low ;ells, and building orientation.
- An appropriate combination Of berms, landscaping, and archi-
tectural elements shall be provided aroed the entire perimeter
of the site to minimize the impact of the auto coat uses from
the existing and future srazonadinq uses.
- Outdcor stm-age of inoperative vehicles, parts, or equipment is
prohibited.
- All work shall be conducted indoors.
- All signuge stall be limited to sige approved under a Unifem
Sign Program.
SPECPt7v BCDnr vtovr AND Activities
typically include, but era not limited to: retail and uttoleeala sales
and installation of specialty itema, s xft as paint, wall/floor/window
coverings, doors and wirdwa, building materials, hacdNere, plumbing
and alectrical supplies, bath and kitchen fixnaes and supplies,
lighting, swimming pools arid supplies, and garden fuanimd i ,
materials and supplies. Activitise shall be omxk c:tsd in enclosed
buildings of 25,000 square feet cr less. tier excluded from this
category are gel mar hmndise stores.
SFX CK 5: This Council finds that this amendment will not adversely
effect the envixummant and hereby issues a Negative Declaration.
SFXTICM 6• The city Council declare* that, should any provision,
section, paragraph, sentence, or read of this Ordinance be xepI or declared
invalid by any final cost action in a east of aUatrht jurisdiction, on by
reason of any preemptive legislation, the remaining prcvisicn, sections, para-
graphs, sentences, and wads of this Ottiroroe stall remain in full force and
effect.
SfX. = 7: The Mayor shall sign this Ordinance and the city clerk
shall cause the lama to be published within 15 days after its passage at least
ace in the lnlatd V tt.v n.! t� a �er of gneral ciscvlation
published in the City of Ontario, Ohlifornia, and circulated in the city of
Randx0 Cucamonga, California.
PASSM, APHO M, and AOCPrM this 3rd day of JUns, 1992.
AYES: Alexander, &zAnt, Stout, Williams, Wright
NOES: None
MMMMMO"�I
Ili
.b_
OY ',lfidllC.i+ No. 396
Page 3
oetvtis L. stout, Mayor
a
I, DUM J. ADW, CITY CM of the City of Rmcio CucamCnrja,
California, do hereby o¢tify that ttr fcr*Wirg M3dkM vas intro& at a
regular meeting of the Coumil of the City of Rarcio CUrmmp tald on the 20th
day of Msy, 1992, and vas finally passed at a zwgular meeting of the City
Council of the City of Rancho Cua®Rga told mm the 3rd day of J1aa, 1992.
bWalted this 4th day of Jlaa, 1992• at RUN: ho Q3=R np, California.
IN
$'y
Detra J. , City Clerk
tl
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Page 5
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page 5
SUBAREA 7
Land Use Designation Industrial part
primary Function Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge
between the City's industrial Ana and consaunity
oriented non - industrial area and is a gateway to the
City. A "Jar industrial, office, and commercial
development on appromifately 300 acres is currently
undergoing phased construction. Within this area is a
planned Civic Center which will include San Bernardino
County and City offices.
Permitted Uses Custom Manufacturing
Light Manufacturing
Administrative and Office
professional /Design Services
Research Services
Light Wholesale, Storage, Distfibution
Building Maintenance Services
Business SUPPFy Retail Sales and Services
Business Support Services
Communication Services
Eating and Drinking Establishments
Financial, insurance and Real Estate Services
Motel /Motel
Administrative Civic Services
Flood Control /Utility Corridor
Conditional uses Automotive Rental /Leasing
Autddotive Sale$
Automotive Service Station
CEavenience Sales and Servlces
Entertalinment
Fast Food Sales
Food and Beverage Sales
iadical /Mesltli Can Services
Personal Services
Recreation Facilities
Cultural
public Assebiy
Public Safety and utility services ,
Religious Assembly
Aucowcive service xViC4
Court
Specialty Building Supplies and Home Improvements
121
MRIDIT
RFSOUMON NO. 91 -275
A RESOLITiLON OF THE CITY COLMM OF 11 E CITY OF RANCHO
CtXAMMr -A, CALIFORNIA, APPIdUrM HISIORTC POnV OF
DM REST 91 -02 DFSI(?MM4G THE IAFOURCADE 9IORE, 10Camm
AT 11871 FOOTHILL BOULEVARD, AS A POINP OF IITPERFST AND
CEIMFICATION OF A MMGATED NB=VE DECLARATION MR
DEMOLITION OF THE SPRUCITTE - APN: 229 -011 -10
A. Recitals.
(i) The City has filed an application for a Point of Interest as
described in the title of this Resolution. Hereinafter in this Resolution,
the subject Point of Interest is referred to as the "application."
(ii) On September 5, 1991, the Historic Preservation Cowu issicn of
the City of Banc ho Cucmwxga wrslu ted a duly noticed public hearing on the
application and concluded said hearing on that date.
(iii) On September 18, 1991, the City Council of the City of Rancho
ancamo ga conducted a duly noticed public hearing on Ue application and
concluded said hearing on the date.
(iv) All legal prerequisites prior to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THFRFiME, the City Council of the City of Rancho Cucamonga does
hereby find, determine and resolve as follows:
1. This Council hereby specifically finds that all of the facts set
forth in the Recitals, Part "A," of this Resolution are true and correct.
2. The application applies to approximately one acre of land,
basically a rectangular configuration, located on the southwest corner of
Foothill Boulevard and Rochester (Orarge) Avenue intersection.
3. Based upon the substantial evidenca presented to this Council
during the above- referenced public hearing on september 18, 1991, including
written and oral staff reports, together with public testimony, and pursuant
to Section 2.24.090 of the Rancho Cucamonga Municipal Code, and pursuant to
the Historic Preservation Commission policy regarding lardrark designation
over an wner's objection, this a7uncil hereby makes the following findings
and facts:
A. Historical and Cultural Significance:
Finding: 1. The proposed Point of Interest was oanected
with someone re owned, important, or a local
personality.
lSZ
e'vweptf U(2,11
Resolution No. 91 -275
Page 2
Fact /s: John B. IaFarcade established an advanced
and elaborate winemahring and ape- handling
business in an era marked by failed attempts
at such endeavors in the Rochester /Cucamonga
area. seemingly well known throughout the
County, TaFaurade represents an important
epoch and entrepreneurial spirit of this
valley.
Finding: 2. The architect or builder was important.
Fact /s: In choosing J. N. Johnson to design and
construct his winery complex, IaFourcade was
one of few local property owners in the late
teens -sarly 1920s to employ a contractor who
was wry well known in the County. Johnson
contorted many large and impressive public
and private buildings in San Bernardino,
Redlands, and Calton,
Historic Architectural and Engineering Significance:
Finding: 1. The construction materials or engineering
methods used in the proposed Point of
Interest are unusual or significant or
uniquely effective.
Fact /s: Although it has been altered, the main
entrance of the building which is marked by
a parapet and flanked with Corinthian
pilasters, remains as a testament to a
design palette created by laFo urade and
Johnson which was unique to this area.
C. Neighborhood and Geographic Setting:
Finding: 1. The proposed Point of Interest in its
location represents an established and
familiar visual feature of the neighborhood,
community, or city.
Fact /s: As a gas station, store, and restaurant, the
subject structure stands as a 70- year-old
notable fixture in the community's
landscape.
4. This Council hereby finis that the project has been reviewed and
considered for compliance pliance with the California Environmental Quality Act of
1970. If properly mitigated, the requested demolition of the Wourrade Store
would not require further environmental review aM a mitigated Negative
Declaration will be issued for such demolition.
23
C-1
Resolution No. 91 -275
Page 3
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Council hereby resolves that pursuant to chapter
2.24 of the Panda Cucamonga Municipal Coale, the City Council of the City
of Rancho Cucamonga hereby approves, on the 18th day of September 1991, Point
of Interest 91-02 for the iaForcade Store. Rhe Council further adopts the
following conditions of Approval mitigating the requested demolition:
1) i No demolition permits shall be issued for the existing
�'u'rr,Ljc fires prior to the properly owner's written acknowl-
edgment and acceptance of the Cultural Resource Mitigation
aZ measures per the mitigated Negative Declaration;
2) The development of the site shall incorporate details of
the site's history, in cart[I IAT the IaFburcade period,
through the inucorporaticn of the following measures:
asmissioned public art and development and placement of
interpretive public displays. The final specifications of
such measures shall be reviewed by the Historic Preserva-
tion Cormission and f ors on with a reconnendati to the
Planning Commission development /design review
hearings on any development proposal for this site. Final
approval of the appropriate public art and interpretive
displays shall occur prior to the issuance of building
pith;
3) The decorative parapet at the northeast corner of the
building dating from the Iadburcade period shall be removed
using reasonable efforts during demolition. City staff
F % }"A shall he present during this demolition to inspect the
Parapet. She parapet element or reproduction thereof shall
t'f 36)" kM be considered for incorporation into the above public art
or interpretive exhibit. The decorative parapet shall be
documented per NABS /HAM standards, the _fjnal form of which
_ apQroved )N the City Planner prig to demolition
permit beingisau ;
12
ti
4) The developer shall contribute $10,000 to the Quaffey-
Garcia House Barn project, which will be used to develop a
mtzma /aAtural center depicting and Od ibiting the
agricultural heritage of the arm. The City Council may,
upon the input of the Historic Preservation C<immiss ion,
allocate these funds to another similar type of preserva-
tion project, including but hot =m ssarily limited to, the
Historic Preservation Site and Iand- Banking Fund, depending
upon the tinting of the compliance with this mitigation.
f This mrutribution shall be provided prior to the issuance
lof 6uildirq Permits of any phase of the Masi Commerce
,Center;
aq
Cl -Z
Pesolution No. 91 -275
Page 4
5) The site developer shall speroor four Oral History inter-
views of individuals kmwledgeable of the LaFourcade /Masi
era of significance. These interviews, which shall not
exceed a cost of $5, 000.00, shall be cordacted by a
consultant approved by City staff.
PASSED, APPROVED, and ADOPTED this 18th day of September, 1991.
AYES: Alexander, &agwr, Stout, Williams, Wright
NOES: None
ABSENT: None
ennis L. Stout, Mayor
Della J. AdaTW City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of PMIcho Cuoamo -ga,
California, do heivby certify that the foregoing Resolution was duly passed,
approved, and adapted by the City Council of the City of Rancho Cucamm4a,
California, at a regular meeting of said City Council held on the 18th day of
September, 1991.
Executed this 19th day of September, 1991 at Pur2a Cucannrhga,
California.
Deli— J. City Clerk
ZS'
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TENTATIVE PARCEL MAP NO, 13845
PARfJ.LS i. 2. Np J 6 Pµ(ft MP I.pS AS PER IW "E[pi14D
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CiIY OF cry' ,t UCAMONGA
PLANNING D ION
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CITY OF RANCHO CUCAMONGA
PLANNING DIVISION
VINTNERS WALK OF FAME
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FOOTHILL BOULEVARD
ITEM: UP 41-22t
TITLE: Armvtt%l
EXHIBIT: H SCALE:
�,� / EwlaH Po, pa,.,
TYPICAL LUNCH COURT
.111-
CITY OF RANCHO IbUCAMONGA
PLANNING DIVISION
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ITEM: C OF ql-.-L4-
TITLE: Lihic
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EXHIBIT: I-- SCALE:
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CITY OF RANCHO CUCAMONGA EXHIBIT: J scnH.r•.:
PLANNING DIVISION —_
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CITY OF RANCHO CUCAMONGA
PLANNING DIVISION
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ITEM: ('Vo Q.I -24
TITLE: ftDC 13.2CA
CITY OF RANCHO CUCAMONGA EXHIBIT: I SCALE:
PLANNING DIVISION
f� 910
FAST REMTKM
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EXHIBIT: tT. SCALE:
RESOLUTION NO. 9�_'9
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO, 91 -24 FOR THE DEVELOPMENT OF 32 BUILDINGS
TOTALING APPROXIMATELY 268,907 SQUARE FEET AND COMPRISED
OF A MIX OF INDUSTRIAL, MULTI- TENANT, OFFICE, AND
RESTAURANT USES IN THE INDUSTRIAL PARK DISTRICT (SUBAREA
7) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT THE
SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
229- 011 -10, 19, 21, 26, 27, AND 28.
A. Rec ital9.
(L) Masi commerce center Partner. has filed an application for the
issuance of Conditional Use Permit No. 91 -24 as described in the title of this
Resolution. Hereinafter in this Resolution, the Subject Conditional Use
Permit request is referred to as "the application."
(ii) on the 22nd day of July 1992, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application and concluded said hearing on that date.
(III) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commissicn hereby Specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above - referenced public hearing on July 22, 1992, including written
and oral staff reports, together with public testimony, this Commission hereby
specifically finds as follows:
(a) The application applies to property located at the
southwest corner of Rochester and Foothill Boulevards with a street frontage
of 1,250 feet along Foothill Boulevard and lot depth of 950 feet along
Rochester Boulevard and is presently improved with the vacant Cowgirl Saloon;
and
(b) The property to the north of the subject site is vacant,
the property to the south consists of the Sparta Complex which is currently
under construction, the property to the east is the Aggozzotti Winery, and the
property to the west is vacant.
(c) The property in designated "Industrial Perk" by the
Industrial Area Specific Plan; and
5 ��ch� b• U
PLANNING COMMISSION RESOLUTION NO.
CUP 91 -24 -MASS COMMERCE CENTER PARTNERS
•Tuly 22, 1992
Page 2
(d) The project require. the demol>tion of the Cowgirl. Saloon,
formerly known as the LaFourcade store and gas station. The structure was
designated an Historic Point of interest by the City Council on September 18,
1991.
(e) An industrial Area Specific Plan Amendment was approved by
the City Council on May 20, 1992, which modified circulation access points
along Rochester Avenue, added 'Automotive Service Court" as a conditionally
permitted use and added "Building Supplies and Home Improvement" as a
conditionally permitted use within Subarea 7.
3. Based upon the substantial evidence presented to this Commission
during t-e above- referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and
conclude. as follow.:
(a( That the proposed use in in accord with the General Plan,
the objectives of the Development code and the Industrial Specific Plan, and
the purposes of the district in which the site 1. located.
(b) That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
(c) That the proposed use complies with each of the applicable
provisions of the Development Code.
4. This Commission hereby finds and certifies that the project ham
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970 and, further, this Commission hereby issues a mitigated
Negative Declaration.
5. Based upon the findings and conclusions not forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the application subject
to each and every condition met forth beiow end in the Standard Conditions,
attached hereto and incorporated herein by this reference.
visio
1) Pursuant to provisions of California Public
Resources Code Section 21089(6), this
application Shall not be operative, vested, or
final, nor will building permits be issued or a
Map recorded, until (1) the Notice of
Determination (NOD) regarding the associated
environmental action is filed and posted with
the Clerk of the Board of Supervisors of the
County of San Bernardino; and (2) any and all
required filing fees assessed pursuant to
California Fish and Game Code Section 111.4,
together with any required handling charges,
15l
PLANNING COMMISSION RESOLUTION NO.
CUP 91 -24 -MAST COHHERCE CENTER PARTNERS
July 22, 1992
Page 3
are paid to the County C;erk of the County of
San Bernardino. The applicant shall provide
the Planning Department with a stamped and
conformed copy of the Notice of Determination
together with a receipt showing that all fees
have been paid.
In the event this application is determined
exempt from such filing fees pursuant to the
provisions of the California Fish and Game
Coder or the guidelines promulgated thereunder,
except for payment of any required handling
charge for filing a certificate of Fee
Exemption, thin condition shall be deemed null
and void.
2) A diagram providing color Locations for the
mylar /canvas canopies shall be submitted for
review and approval by the Design Review
Committee prior to the issuance of building
Permits.
3) A reflective coating shall be applied to the
glass portions of those buildings which face
drive aisles and Rochester Avenue. The purpose
of the reflective coating is to provide an
opaqueness to the glass so that interior
storage areas will not be visible.
4) vines planted along the Sports Complex property
(south of the south property wall) shall be
allowed to extend up and over the wall and onto
the buildings in order to discourage graffiti
and to soften the wall and buildings, if
acceptable to the Community and Park
Development Department.
5) The bullnoee edge for all buildings with the fl-
inch stucco recess shall be reviewed and
approved by the City Planner prior to the
issuance of building permits.
6) The applicant shall provide a stone base alon0
the bottom portion of the Buildings 4, 7, and
20 in those locations where glass extends all
the way to the ground. Detailed drawings shall
be reviewed and approved by the City Planner
prior to the issuance of building permits.
7) A revised concept plan for the commiasioned
public art and the interpretive public displays
NJ
PLANNING COMMISSION RESOLUTION NO. -
CUP 91 -24 -MASS COMMERCE CENTER PARTNERS
July 22, 1992
Page 4
shall be reviewed by the full Planning
Commission. The revised concept plan shall
graphically depict how the Vintner's Walk,
commissioned art, and public displays will be
developed and maintained and how they will
function as a whole. The applicant shall
retain the services of a professional
consultant to further develop the proposed
conceptual plan and to ensure the successful
coordination of the goals of the Historic
Preservation Commission and the Planning
Commission. Final detailed plans shall be
reviewed and approved by the City Planner prior
to the issuance of any permits. Installation
of the public art and the Vintner's Walkway
shall be completed concurrently with Foothill
Boulevard improvements.
8) The developer shall contribute $10,000 to the
Chaffey- Garcia House Barn project, which will
be used to develop a museum /cultural center
depicting and exhibiting the agricultural
heritage of the area. The City Council may,
upon the input of tCe Historic Preservation
Commission, allocate funds to another similar
type of preservation project including, but not
necessarily limited to, the Historic
Preservation Site and Land - Banking fund,
depending upon the timing of the compliance
with this mitigation. This contribution shall
be provided prior to the issuance of building
Permits of any phase of the Masi Commerce
Center.
9) Landscaping along the entirety of Masi Drive
from the sidewalk out to the curb face shall be
completed prior to occupancy of the last
building for Phase 1.
10) A trash enclosure shall be provided for
Building S.
11) The trash enclosure for Building 3 (Jack -In-
The -Box) Shall be located closer to the
building.
12) If it is determined that the Victory Chapel
facility will be located in Building 14, it
shall be verified in writing that Parcel 13
will not require parking spaces on Sunday
morning (or during the hours of operation for
I LP
PLANNING CO"ISSION RESOLUTION NO. ._
CUP 91- 24 -MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 5
Victory Chapel) eo that the proposed reciprocal
parking arrangement can be implemented.
13) The streetscape treatment (i.e., landscape,
furniture, and handscaps) shall comply with the
requirements and guidelines of the Foothill
Boulevard Specific Plan Design Supplement. The
detailed landscapa /irrigation and street
improvement plans shall reflect this
requirement to the satisfaction of the Planning
and Engineering Divisions prior to the issuance
of building permits.
14) All parking spaces fronting Foothill Boulevard
and Rochester Avenue shall be screened through
the use of berming, low walls, evergreen shrub
hedgerows, or a combination thereof, to the
satisfaction of the Planning Division.
15) There shall be provision for the following
design features in the trash enclosure to the
satisfaction of the City Planner:
a) Architecturally integrated into the design
of the center.
b) Separate pedestrian access that does not
require opening the main doors, to include
self - closing pedestrian door.
c) Large enough to accommodate two trash
bins.
d) Roll -up doors.
e) Trash bins with counterweighted lids.
f) Architecturally treated overhead shad*
trellis.
g) Chair. link screen on top to prevent trash
from blowing out of enclosure and designed
to be hidden from view.
16) A uniform hardecaps and street furniture
treatment, including trash receptacles, free-
standing potted plants, bike racks, light
bollards, benches, etc., shall be utilized for
the project and shall be designed to be
compatible with the architectural style.
Detailed designs shall be submitted for City
'to t
PLANNING COMMISSION RESOLUTION NO.
CUP 91- 24-MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 6
Planner review, and approval prior to issuance
of building permits.
17) Graffiti shall be removed within 72 hours
18) All future building pads shall be temporarily
seeded and irrigated for erosion control.
Detailed plane shall be included in the
landscape and irrigation plane to be submitted
for City Planner approval prior to issuance of
building permits.
19) The entire site shall be kept free of trash
and debris at all time., and in no event shall
trash and debris remain for more than 24
hours.
20) A Uniform Sign Program shall be reviewed and
approved at a Planning commission workshop
prior to the issuance of building permits.
Building nd S f tY Divisions
1) Provisions shall be made to resolve to the
satisfaction of the Building Official the
following issues relative to installation of
now walls in close proximity to existing
walls:
a) Structural loads from new walls (vertical
and horizontal) shall not be allowed to be
transferred to existing walls.
b) Backfill of gape created between new and
existing walls shall be undertaken ao as
not to exceed the design capabilities of
existing walls.
C) An impermeable surface shall be provided
at the top of the existing lower wall to
prevent water from penetrating the
backfill.
d) weep holes shall be added to existing
walls to provide drainage of the backfill.
E a'neerina Division;
1) The existing overhead utilities
(telecommunications) on the project aide of
Rochester Avenue shall be undorgrounded from
the first pole off -site south of the project's
1(,03
PLANNING COMMISSION RESOLUTION NO. _ -..
CUP 91- 24 -MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 7
South boundary to and including the end -of-
line pole just south of Foothill Boulevard,
prior to public improvement acceptance or
occupancy, whichever occurs first. The
service to the existing structure on the east
aide of Rochester Avenue shall be
undergrounded across Rochester Avenue to the
pole on the east Side of the street. Services
to the existing structures on -site from the
east side of Rochester Avenue shall be
undergrounded as wall. In addition, an in-
lieu fee as contribution to the future
undergrounding of the utilities on the
opposite aide of Rochester Avenue shall be
paid to the City prior to the issuance of
building permits. The fee shall be one -half
the difference between the undergrounding cost
of the utilities (electrical, except for 66 RV
electrical) an the opposite side of the street
minus those (telecommunications) on the
project side times the length from the center
of Foothill Boulevard to the south project
boundary (9901 feet).
2) Foothill Boulevard shall be constructed as
follows, subject to modification by and
approval of Caltrane, with Phase I:
a) Full improvements on the south side from
Rochester Avenue to the west project
boundary including a continuous right turn
lane beginning 230 feet west of the
Foothill driveway.
b) A landscaped median between Rochester
Avenue and "B^ Street with left turn lane•
to the satisfaction of the City
Engineer. if Caltrane does not allow a
single segment, in -lieu fees will be
required in conformance with condition 1.
C) Thirty -two feet of pavement on the north
side of the median.
d) A catch basin at the ultimate low point on
the north side of Foothill Boulevard,
sized per the final drainage study, with
an interim lateral to the catch basin on
the south side. The north right -of -way
shall be graded to direct flows to the
catch basin with desilting facilities to
the satisfaction of the City Engineer.
( G L(
PLANNING CONNISSION RESOLUTION NO. - - --
CUP 51- 24-NASI COMMERCE CENTER PARTNERS
July 22, 1997
Page 8
e) Transitions to existing pavement west of
the west project boundary to the
satisfaction of the City Engineer and
CalTrane.
f) The Developer may request a reimbursement
agreement for permanent improvements north
of the centerline, including half of the
landscaped median costa, from future
development as it occurs on the north aide
of the etreat.
3) An in -lieu fee as contribution to the future
construction of the median island within
Foothill Boulevard shall be paid to the City
prior to the issuance of building permits for
Phase I or approval of the Final Parcel Nap.
whichever occurs first. The amount of the fee
shall be one -half the cost of the median times
the length from the wart project boundary to a
projection of the westerly right -of -way line
for "e" Street. If CalTrane does not allow
construction of the median in condition 2) b),
the fee limits shall extend to a projection of
the westerly right -of -way line for Rochester
Avenue.
4) Rochester Avenue shall be constructed per
approved Drawing No. 1431 with Phase 1, unless
completed by others. In addition, sidewalks,
street trees and a combined bus bay /right turn
lane north of the project driveway shall be
installed. The right turn lane shall begin as
close to the Foothill Boulevard intersection
as possible.
5) All public storm drains and interior public
street improvements shall be constructed with
Phase T.
6) Public street sump conditions shal) be
designed as follows:
a) Provide an overflow route from "A" Street
to the mouth project boundary and a method
for those flown to pass through the
perimeter wall In the event of blockage in
the catch basins )method shown on the
conceptual grading plan has not been
reviewed).
l) �-
PLANNING CJNMISSr09 RESOLUTION NO. —
CUP 91 -24 -MASS COMMERCE CENTER PARTNERS
July 22, 1992
Page 9
b) Provide an overflow route from Foothill
Boulevard to either ^8" Street or
Rochester Avenue in the event of blockage
in the Foothill catch basin and provide
additional catch basin capacity on
Foothill Boulevard to minimize the
possibility of blockage to the
satisfaction of the City Engineer.
c) Provide surface drainage easementa and
drainage acceptance agreements allowing
public water to enter private property
from both "A" Street and Foothill
Boulevard.
7) The public atom drain in Foothill Boulevard
and ^e^ Street shall be upsized to accommodate
interim undeveloped flows from the north side
of Foothill Boulevard, per the final drainage
study, to the satisfaction of the city
Engineer. The minimum diameter for permanent
public storm drain mains is 24 inches.
8) Construct the earthen berm north of Foothill
Boulevard, as designed for the Sports Complex,
with Phase I, unless completed by others.
9) An in -lieu fee as contribution to the future
installation of a traffic signal at the
intersection of Foothill Boulevard and ^8"
Street shall be paid to the City prior to the
issuance of building permits for Phase S or
approval of the Final Parcel Map, whichever
occurs first. The amount of the fee shall be
one half the cost of the signal.
10) Parkway improvements along Foothill Boulevard
shall confcrm to the Foothill Boulevard
Specific Plan Design Supplement, to the
satisfaction of the City Planner and City
Engineer.
11) An in -lieu fee for one - fourth the cost of
constructing special pavers within the
Foothill Boulevard /Rochester Avenue
intersection shall be paid to the City prior
to the issuance of building permits for Phase
1. The fee amount shall be based on the
square footage of the intersection.
'6W
PLANNING COMMISSION RESOLUTION No. ._
CUP 91-24 -HhSI COMMERCE CENTER PARTNERS
July 22, 1992
Page 10
12) Modify the traffic signal at the intersection
of Foothill Boulevard and Rochester Avenue an
needed to the satisfaction of the City
Engineer.
13) A public sidewalk easement shall be provided,
with an encroachment /maintenance agreement for
the plaques, overhead arcade, and other
features South of the Foothill Boulevard
right -of -way between Rochester Avenue and the
project driveway. The agreement shall hold
the City harmless for damage to or liability
from privately maintained special features.
The agreement shall be recorded prior to or
concurrent with the Final Parcel Map.
14) All drive approaches shall conform to City
Standards. Larger radii (up to 20 feet
maximum) may be used when transitioning from a
40 -foot width at the right -of -way to lesser
aisle width* on -site, as shown on the approved
plans, for "B" Street driveways in particular.
15) "No Parking/ Stopping" shall be posted on all
public street frontages.
16) No portion of the "Vintner's Walk," including
the seat wall, shall encroach on the Foothill
Boulevard right -of -way.
17) Provide hardscape to the curb in the true
boarding area along Rochester Avenue.
18) Sidewalk shall cross drive approaches at the
zero curb fan. Handicap ramps are only
required at Street intersections. cross walk*
shall conform to City Standards.
19) The areas tributary to Rochester Avenue and
the Sports Complex atom drain system shall be
adjusted an necessary in the Final Drainage
Study so that flows will not exceed the
capacity of the existing downstream system.
20) The section of "B" Street between Foothill
Boulevard and the 4 -way driveway intersection
200 feet South of Foothill Boulevard shall be
56 feet curb -to -curb, to accommodate four
traffic Ian*s. Providu a 40 mph transition
for the outer lanes mouth of the 4 -way
driveway intersection.
)to-(
PLANNING COMMISSION RESOLUTION NO.
CUP 91 -24 -MASS COMMERCE CENTER PARTNERS
July 22, 1992
Page 11
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 22ND DAY OF JULY 1992.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 22nd day of July 1992, by the following vote -to -wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, VALLETTE
NOES: COMMISSIONERS: TOLSTOY
ABSENT: COMMISSIONERS: NONE
1 (o°
DEPARTMENT OF
,})a�)O V� ma�ia COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
PRa=crt CUP ql -a4
SUBJECT. _-52- btc. IA Lop it a-7 ¢ere_5
APPLICANT. &A--j(_(CAj� re_G tf-e# 'fer 1 p Wi-Nt, /S
LOCATION: SLJG rr✓7Hk 'fl ti Qocl�e�rf
Those items checked are Conditions of Approval
APPLICANT SHALL CONTACT THE PLANNING DNISION , (714) 989.1981, FOR COMPLIANCE
WITH THE FOLLOWING CONDfTIONS:
A. Time Limits
—y t Approval shall expire, unless extended by the Planning Commission, it building permits are
riot issued or approved use has not commenced within 24 months from the date of approval.
2. DevelopmenVOesign Review shall be approved prior to r /
3. Approval of Tentative Tract No. is granted subject to the approval of
The developer shall commence, participate in, and cortsummaie orcause to be commenced,
participated m, or consummated, a Mello-Roos Community Facilities District (CFO) for the
Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of
a fire station to serve the development. The station shall be "led, designed, and built to
all spectications of the Rancho Cucamonga Fire Protection District, and shall become the
District's oroperty upon completion. The equipment shall be selected by the District in
accordance with its mods. In any Wilding of a station, the developer shall comply with all
applicable laws and regulations. The CFO shall be forted by the District and the developer
by the time recordation of the final map occurs.
Prior to recordation of the final map or the issuance of building permits, whichever comes
first :he applicant shall consent to, or participate in, the establishment of a Mello-Roos
Community Facilities Distrk:t for the construction and maintenance of necessary school
facilities. However, t any school district has previously established such a Community
Facilities District the applicant shall, in the alternative, consent to the annexation of the
project site into the tertory of such existing District prior to the recordation of the final map
or the issuance of building permits. whichever comes first. Further, t the all acted school
d,stro has not formed a Mello-Roos Community Facilities District within twelve months from
the date of approval of the project and prior to the recordation of the final map or issuance
of building permits for said project, this condition shall be deemed null and void.
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This condition shall be waived it the City receives notice that the applicant and all affected
school dist ricts have entered into an agreement to privately accommodate any and ail school !,
impacts as a result of this project.
/6 6 Prior to recordation of the final map or prior to issuance of building permits when no map, s J_r-
involved, written certification from the affected water district that adequate sewer and water
facilities are or will be available to serve the proposed project shall be submitted to the
Department of Community Development. Such letter must have been issued by the water
district within 90 days priorto final map approval inthe case of subdivision or priorto issuance
of permits in the case of all other residential projects.
I
B. Site Development
1, The site shall be developed and maintained in accordance with the approved plans which
include site plans, architectural elevations, exterior materials and colors, landscaping, sign
program, and grading on file in the Planning Division, the conditions contained herein,
Development Code regulations, and
SAd.ws rQ'ga♦ Specific Plan.widR
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_ 2. Prior to any use of the project site or business activity being commenced thereon, all JJ_
Conditions of Approval shall be completed to the satisfaction of the City Planner.
3. Occupancy of the facility shall not commence until suchlime asall Uniform Building Code and JJ_
State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall
be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Division to show compliance. The building shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be --/--J—
submitted for City Planner review and approval prior to issuance of building permits.
5 All site, grading, landscape, irrigation, and street improvement plans shall becoordinated for JJ-
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building , etc.), or prior to final map approval in the case of a custom lot subdivision, or
approved use has commenced, whichever comes first.
I
✓ 6. Approval of this request shall riot waive compliance with all sections of the Development —J—/-
Code, all other applicable City Ordinances, and applicable Community Plans or Specific
Plans in effect at the time of Building Permit issuance.
7. A detailed on -sde lighting plan shall be reviewed and approved by the City Planner and J—/_
Sheriff's Department (989 -8811) prior to the issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of shielding so as not to adversely
affect adjacent properties.
__- 8, If no centralized trash receptacles are provided, all trash pick-up shall be for individual units
with all receptacles shielded from public view.
I
9. Trash receptacle( s) are required and shall meet City standards. The final design, locations,
and the number of trash receptacles shall be subject to City Planner review and approval
prior to issuance of Wilding permits
10 All ground- mounted utilry appurtenances such as transformers, AC condensers, etc., shall
be located out of public view and adequately screened through the use of a combination of
concrete or masonry walls, terming, and/or landscaping to the satisfaction of the City
Planner,
170
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11. Street names shall be submitted for City Planner review and apprcval in accordance with J�-
the adopted Street Naming Policy prior to approval of the final map.
12. All building numbers and individual units shall be identified in a ciear and ccnciae manner,
including proper illumination.
13. A detailed plan indicating trail widths, maximum slopes, physical conddions, fencing, and
weed control, in accordance with City Master Trail drawings, shall be submitted for City
Plannerreview and approval priorto approval and recordation of the Final Tract Map and prior
to approval of street improvement and grading plans. Developer shall upgrade and construct
all trails, including fencing and drainage devices, in conjunction with street improvements.
14. The Covenants, Conditions and Restrictions (CC &Rs) shall not prohibit the keeping of equine
animals where zoning requirements for the keeping of said animals have been met. Individual
lot owners in subdivisions shall have the option of keeping said animals without the necessity
of appealing to boards of directors or homeowners' associations for amendments to the
CC &Rs.
15 The Covenants. Conditions, and Restrictions (CC &Rs) and Articles of Incorporation of the
Homeowners' Association are subject to the approval of the Planning and Engineering
Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or
prior to the issuance of building permits, whichever occurs first. A recorded copy shall be
provided to the City Engineer.
16. All parkways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners' association, or other means acceptable to the City. Proof of this
landscape maintenance shall be submitted for City Planner and City Engineer review and
approval prof to issuance of building permits.
17. Solar access easements shall be dedicated for the purpose of assuming that each lot or
dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of
a solarenergy system. The easements may becomained in a Declaration of Restrictions for
the subdivision which shall be recorded concurrently with the recordation of the final map or
issuance of permits. whichever comes first. The easements shall prohibit the casting of
shadows by vegetation, structures, futures or any other object, except for utility wires and
similar objects, pursuant to Development Code Section 17.08.080 -G2.
18. The project contains a designated Historical Landmark. The site shall be developed and
maintained in accordance with the Historic Landmark Alteration Permit No.
. Any further modifications to the site including, but not limited to, exterior alterations and/or
imerior alterations which affect the ederiorof the buildings or structures, removal of landmark
trees, demolition, relocation, reconstruction of buildings or structures, or changes to the she,
shall require a modification to the Historic Landmark Alteration Permit subject to Historic
Preservation Commission review and approval.
C. Building Design
An alternative energy system is required to provide domestic lot water for all dwelling units
and for heating any swimming pool or spa, unless other alternative energy systems are
demonstrated to be of equivalent capacity and effleiency. All swimming pools installed at the
time of initial development shall be supplemented with solar heating. Details shall be
included in the building plans and shall be submitted for City Planner review and approval
prior to the issuance of building permits,
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2 All dwellings Shall have the front, side and rear elevations upgraded with architectural i- -.'___
treatment, detailing and increased delineation of surface treatment subject to Cry Planner
review and approval prior to issuance of building permits.
f5K,' 2/91 &"11- j )
3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for 1
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CityPlannerardBuildingOfficial review and approval prior to issuance of building permits.
✓ .4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or
projections, shall be shielded from view and the sound buffered from adjacent properties and
streets as required by the Planning Division. Such screening shall be architecturally
integrated with the building design and constructed to the satisfaction of the Coy Planner.
Details shall be included in building plans.
D. Parking
and Vehicular Access (Indicate details on building plans)
/.
All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
_/_ /_
contain a 12 -inch walk adjacent to the parking stall (including curb).
- V 2.
Textured pedestrian pathways and textured pavement across circulatlon aisles shall be
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provided throughout the development to connect dwellings /units /buildings with open spaces/
plazas/recreational uses.
3.
All
parking spaces shall be double striped per City standards and all driveway aisles,
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entrances, and exits shall be striped per City standards,
--.4.
All units shall be provided with garage door openers 0 driveways are less than 16 feet in
depth from back of sidewalk.
5.
The Covenants, Conditions and Restrictions shall restrict thestorage of recreational vehicles
on this she unless they are the principal source of transportation for the owner and prohibit
parking on interior circulation aisles other than in designated visitor parking areas.
V/
Plans
6.
for any security gases shall be submitted for the City Planner, City Engineer, and
Rancho Cucamonga Fire Protection District review and approval prforto issuance of building
permits.
E. Landscaping (1w publicly maintained landscape areas, refer to Section N,)
V1.
A detailed landscape and irrigation plan, including slope planting and model home landscap-
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Irg in the case of residential development, shall be prepared by a licensed landscape
architect and submitted for City Plansler review and approval prior to the issuance of building
permits or prior final map approval in the case of a custom lot subdivision.
2.
Existing trees required to be preserved in place shag be protected with a construction barrier
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in accordance with the Municipal Code Section 19 08.110, and so noted on the grading plans,
The location of those trees to be preserved in place and new locations for transplanted trees
shall be shown on the detailed landscape plans, The applicant shall follow W of the arborist's
recommendations regarding preservation, transplanting and trimming methods.
3
Aminimumol treespergross acre. comprisedoflhefollowing sizes, shall beprovided
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wxhin the project % -48 -inch box onager, %- 36- inch box or larger,
__ % • 24- inch box or lager, ___ % - 15-gallon, and _ % - 5 gallon.
4
A minimum of % of trees planted within the project shall be specimen size trees -
24 -inch box or larger.
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Within parking lots, trees shall be planted at a rate of one 15 -gallon tree for every three
J
parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21.
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5c 2/91 4,rNT\
_V/ 6. Trees shall be planted;n areas of public view adjacent to and along structures atarate of one
tree per 30 linear feet of building, —/ —�—
1/ 7. All private slope banks5 feetorless in vertical height andof 5:1 orgreaterslope, but less than
2:1 slope, shall be, at minimum, irrigated and landscapedwilh appropriate grourd coverfor
erosion control. Slope planting required by this section shall include a permanent irrigation
system to be installed by the developer prior to occupancy. I F "PUCA otE
8. All private slopes in excess of Steel, but lessthan 8 feet in vertical height and of 2:1 orgreater
sops shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15 -gallon or larger sae tree per each 150 sq. ft. of slope area, 1 -gallon or larger
sae shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope
banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one
5 -gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be
planted in staggered clusters to soften and vary slope plane. Slope planting required by this
section shall include a permanent irrigation system to be installed by the developer prior to
occupancy. 1 F APP(4CA6rB
9. For single family residential development, all slope planting and irrigation shall be continu-
ously maintained in a healthy and thriving condition by the developer untN each individual unit
is sold and occupied by the buyer. Priorto releasing occuparxyforthose units, an inspection
shall be conducted by the Planning Division to determine that they are in satisfactory
condition.
10. For multi -family residential and non- residential development, property owners are respon-
sible for the continual mairaenance of all landscaped areas on -site, as well as contiguous
planted areas within the public right-of -way. AN landscaped areas shall be kept free from
weeds and debris and maintained in a heallhy and thriving condition, and shall receive
regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or
decaying plant material shall be replaced within 30 days from the date of damage.
11. Front yard landscaping shall be required per the Development Code and /or
. This requirement shah be in addition to the required
street trees and slope planting.
V12 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be
incuded in the required landscape plans and shall be subject to City Planner review and
approval and coordinated for conserainfcy, with any parkway Wndscapirg plan which may be
required by the Engineering Division.
V/ 13. Special landscape features such as mounding, alluvial rock, specimen size trees, meander-
ing sidewalk; jwith horizontal charge), and intenseied landscaping, is required along
reA L, I re*&* a -
Via Landscaping and irrigation systems required to be installed within the ludic right-ol -way on
the perimeter of this project area shall be continuously maintained by the developer.
15 All walls shall be provided wilhtlecorative treatment. If located in public maintenance areas.
the design shall be coordinated with the Engineering Division.
16. Tree maintenance criteria shall be developed and submitted for City Planner review arx
approval prior to issuance of building pernes. These criteria shall encourage the nature
growth characteristics of the selected tree species.
17 Landscaping and irrigation shall be designed to conserve water through the principles o
Xenscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code,
-7'5
S .2/91 &4W
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F. Signs ..
.1. The signs indicated on the submitted plans areconceptualonly and rot a partof thisapproval. ¢ JJ-
Any signs proposed for this development shall conply with the Sign Ordinance and shall
require separate application and approval by the Planning Division prior to installation of any
signs.
V2. AUniform Sign Program for this development shall be submRtedfor Ciry Planner reviewand J—l-
approval prior to issuance of building permits.
3. Directory monument sign(s) shall be provided for apartment, condominium, or lownhomes
prior to occupancy and shall require separate application and approval by the Planning
Division prior to issuance of building permits.
G. Environmental
1. The developer shall provide each prospective buyer written noheeof the Fourth Street Rock
Crusher project in a standard format as delennined by the City Planner, priorto accepting a
cash deposit on any property. li
2. The developer shall provide each prospective buyer written notice of the City Adopted
Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City
Planner, prior to accepting a cash deposit on any property.
3. The developer shall provide each prospective buyer written notice of the Foothill Freeway
project in a standard format as determined by the City Planner, prior to accepting a cash
deposit on any property.
4. A final acoustical report shall be submitted for City Planner review and approval prior to the
issuance of building permits, The linal report shall discuss the level of interior noise
attenuation to below 45 CNEL, the building materials and construction techniques provided,
and it appropriate, verify the adequacy of the mitigation measures. The building plans will be
checked for conformance with the mtgation measures contained in the final report.
H. Glher Agencies
✓ 1. Emergency secondary access shall be providetl in accordanceweh Rancho Cucamonga Fire
Protection District Standards.
_v/_2, Emergency access shall be provided, maintenance tree and clear, a minimum of 26 feet wide
at all times during construction in accordance with Rancho Cucamonga Fire Protection
District requirements.
3. Prior to issuance of building permits for combustible construction, evidence shall be
submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for
fire protection is available, pending completion of required lire protection system.
V/ 4. The applicant shall contact the U. S. Postal Service to determine the appropriate type am
location of mail boxes. Muhl - family residential developments shall provide a solid overhead
structure for mail boxes with adequate Ightirg. The final location of the mail boxes and the
design of the overhead structure shall be subject to City Planner review and approval prloi
to the issuance of building permits,
For projects using septic tank facilities, written certification of acceptability, including all
supportive intormaton, shall be obtained from the San Bernardino County Department of
Environmental Health and submitted to the Building official prior to the issuance of Septic
Tank Permits, and prior to issuance of building permits.
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APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989 -1863, FOR
COMPLIANCE WITH THE FOLLOWING C4VDITIONS:
I. She Development
.V 1. The applicant shall complywilhthe latest adopted Uniform Building Code, Uniform Mechem-
cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes,
ordinances, aid regulations in effect at the time of issuance of relative permits. Please
contact the Building and Safety Division for copies of the Code Adoption Ordinance and
applicable handouts.
2. Prior to issuance of building pemvls fora new residential dwelling unit(s) or major addition -J—J-
to existing unit(s), the applicant shall paydevelopmentfees at the established rate. Such fees
may include, but are not limted to: City Beautilication Fee, Park Fee, Drainage Fee, Systems
/ Development Fee, Permit and Plan Checking Fees, and School Fees. II
1! 3. Prior to issuance of building permits for a new Commercial or industrial development or
addition to to an existing development, the applicant shall pay development fees at the
established rate. Such fees may include, but are not limited to: Systems Development Fee,
Drainage Fee, School Fees, Permit and Plan Checking Fees, I
4. Street addresses shall be providedby the Building Official, aftertracl/parcel map recordation
and prior to issuance of building permits.
J. Existing Structures
1. Provide compliance with the Uniform Building Code for the property line clearances —JJ-
considering use, area, and fire - resistiveness of existing buildings.
i
2. Existing buildings shall be made to comply with correct building and zoning regulations for J—i-
the intended use or the building shall be demolished. j
3. Existing sewage disposal facilities shaft be removed, filled andror capped tocornply with the
Uniform Plumbing Code and Uniform Building Code,
4 Underground on -site utilities are to be located and shown on building plans submitted for !I
building permit application.
K. Grading
V 1 Grading of the subject property shall be in accordance with the Uniform Building Code, City —�—�-
Grading Standards, and accepted grading practices. The final grading plan shall be in
substantial conformance with the approved gradkhg plan.
2 A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. The development is located within the soil erosion control boundaries; a Soil Disturbance -J�J-
Permit is required. Please contact San Bernardino County Department of Agriculture at (714)
367 -2111 for pemH application. Documentation of such permit shall be submitted to the City
prior to the issuance of rough grading permd.
4. A geological report shall be prepared by a qualified engineer or geologist and submitted at i _J—J-_
the time of application for grading plan check.
The final grading plans shall be completed and
approved prior to issuance of building permits i J_J_
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sC 2/91 1011 1
Cup 9/-1Y
5. As a custom-lot subdivision. the following requirements shall be met,
a Surety shall be posted and an agreement executed guaranteeing completion of all en -sri — — —
drainage facilities necessary for dewatenng all parcels to the satisfaction of the Bmldirg
and Safety Division prior to final map approval and prorto the issuance of grading permits
U Appropriate easements for safe disposal of drainage water that are conducted onto - - - --
or over adjacent parcels, are to be delineated and recorded to the satisfaction of the
Budding and Salary Division prior to issuance of grading and building permits.
c. On-site drainage improvements, necessary for derwatedng and protecting the subdivided —r--r-
properties, are to be installed prior to issuance of building permits for construction upon
any parcel that may be subject to drainage flows entenng, leaving, or within a parcel
relative to which a building Pend is requested.
d. Final grading plans for each parcel are to be submitted to the Building and Safety —� —� --
Division for approval prior to issuance of building and grading permits, (This may be on an
incremental or composite basis.)
e. All slope bunks in excess of 5 feet in vertical height shall be seeded with native grasses
or planted with ground cover for erosion control upon comWetlon of grading or some other
aeamative method of erosion control shall be completed to the satisfaction of the Building
Off lost. In addition a permanent irrigation system shall be provided. This requirement
does not release the applicandideveloper from compliance with the slope planting
requirements of Section 17 08.0401 of the Development Code.
APPLICANT SMALL CONTACT THE ENGINEERING DIVISION, (714) 1111852, FOR COMPLIANCE '
WITH THE FOLLOWING CONDMIONS:
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L. Dedication and Vehicular Accents
-_ t RgMsobway and easements shall be dedicated to the Clry for all interior public streets,
community trails, public pasaos, public landscape areas, street trees, and public drainage
faclldies as shown on the plans andror tentative map. Private easements for non -public
faclldfes (cross-lot drainage, local feeder trails, ii shall be reserved as shown on the plans
and/or tentative map.
fill - 2 Dedication shall be made of the following rights-of-way on the pedimHer streets (measured from street certaffirki
GO -740 total feet on Fn pff a1LQ 6"vo -,
total feet on R.00AM s ii 1'1ld@ ,%."
total feat on
total feet on
3 An irrevocable older of Dedication for -loot wide roadway easemntt shall be made —1--- - --
for all private streets or drives.
4 Non - vehicular access s"ll be dedicated to the City for the following streets:
5 Reaproul access easements shall be provded ensuring access to all parcels by CCBRS __....
or by deeds and shall be recorded our urently with Ile map or prior to the Issuance of
building Permits, where no map Is involved. [ -7y
SC ]/91
fil
o, Private drainage easements for cross• b; drainage shall be provided dno snail o9 fie ire ilea
or noted on the final map.
7 The final map shall clearly delineate a t 0 -loot minimum building restriction area on the
neghbonng lot adjoining the zero lot line wall and contain the following language'
-vwe hereby dedicate to the City of Randho Cucamonga the fight to prohibit the
cofistmcrion of (residential) buildings (or other structures) within those areas designated
on the map as building restriction areas.'
A maintenance agreement shall also be granted from each lot to the adjacent lot through the
CCBR's.
V/ 8. All existing easements tying within future rights -of -way shall be qutclaimee or delineated on
/ the final map.
9. Easements for public sidewalks any'or street trees placed outside the public right -obway
shall be dedicated to the City wherever they encroach onto private property.
V10. Additional street right-of -way shall be dedicated along right turn units, to provide a minimum
of 7 feet measured from the lace of Will it curb adjacent sidewak is used along the fight ,
turn lane, a parallel street tree maintenance easement shah be provided.
V/ I/ The developer shall make a good faith effort to moauirethe required off -site properly interests ! _1—J_
necessary to construct the required pudic improvements, and t he/she Shoukl fail to do so.
the developer shall. at least 120 days prior to Submittal ul the final map for approval, enter
,rno an agreement to complete the improvements pursuant to Government Code Section
66462 at such time as the City acquires the property interests required forthetrpmvements.
Such agreement shall provide for payment by the developer of all cosh incurred by the City
to acquire One off-st , property interests required in connection with the subdivision. Security
for a portion of these costs shall be in the form of a cash depose in the amount given in an
appraisal report obtained by the developer, at developer's cost. The appraiser shall have
been approved by the City pni commencement of the appraisal.
W Street Improvements
_ t All pudic improvements (interior streets, drainage facilities, community trails, Patebs,
landscaped areas, etc.) shown on the plane andor tentative map slut be constructed to
City Standards. Interior street improvements shall include, tat are not Ilmited to, curb and
gutter, AC pavement, drive approaches, siderwaks, street Wits, and Street (tees.
2 A minimum of 211 -foot wide pavement, within a 40 -toot wide dedicated fightof -way snail be
constructed for all has -section streets.
V3 Construct the following perkneter street improvements trxttding, but rot limited to: —1J
SC 2/9i ,9,er-yj- j l-1
_V_/4.
Notes fat Median !stand includes !ardscapmg and imgalion on meter 'b;. Pavement
reconstruction and overlays will be determined during plan check, tcl If so maBeo. sloe.
walk shall be curvilinear per STO 304. (d) II SO marked, an in -lieu of wnstructior lee snail
be provided for this hem. (t� r'al.* •Yuri. Innis {w dv' yew
!nprovement plans and Construction:
_top "INY
a. Street improvement plans including street trees and street lights, prepared by a regis-
tered Civil Engineer, shall be submitted to and approved by the City Engineer. Secutty
shall be posted and an agreement executed to the satisfaction of the City Engineer and
the Cri Attorney guaranteeing completion of the public and/or private street improve - !
ments, prior to final map approval orthe issuance of building permits, whichever occurs
first,
b. Pror to any work being performed in public rghtof -way, fees shall be paid and a
construction permit shall be obtained from the City Engineer's Office in addition b any
other pemikls required.
c. Paverrarn striping, marking, traffic, street name Signing, and Interconnect conduit J_/_
shall be installed to ft satisfaction of the City Engineer.
d. Signal conduit with pull boxes Shea be installei on airy new oonatnxxbn or reconiJcion __/_J_ of major, secondary or collector streets which intersect wish otter major, secondary or
collector streets for future traffic signals. Pus boxes she# be placed on both sides of the
street at 3 feet outside of BCR, ECR or arty other onJttons approved by the City Engineer.
Notes:
(t) All pull boxes shall be No. 6 unless otherwise specified by the City Enginaer
(2) Conduit shall be 3 -inch galvanized $teel with pulkope.
e, Wheel chair range shall be installed on all bur Owners of intersections per City J—�-
Standards or as cirected by the City Engineer.
I. Existing City made reclu ring corstnrcton shall remain open to traffic at as times with - J--/ --
adequa to detours during construction. A street closure perms may be "i ed. A cash
deposit shall be provided t0 cover the 0011 of grading and paving, which shall be
refunded upon completion of the coetnrctfon to the Satisfaction of the City Engineer
g. Concentrated drainage tows shall not otiose sidewalks. Under sidewalk drains shall be J.J.
installed t0 City Slandards, except for single ramify lets.
h Handicap access ramp design shall be ae epeclffed by the Cly Engineer, JJ—
I. Street names shall be approved by the City PWirW prior to submittal for first plan check
5 Street mmysla trll plans per City Standen%for all prate streets shat be provided for !, JJ-
review and approval by the City Engineer. Prior to airy work being performed on the on-
vale streets, fees shall be paid and con11rl W ps"s shall be obtained from the City
Engineers Office In addition to arty other permits required.
-� 6. Street frees, a minimum of t5 -galon srze or larger, Shall be installed per City Standards in ! J.—'—
accordance with the City's street [fee program.
sc . 219! W-Pia -- I 7 6
7 !ntersectron me of site oesgns snap be rer,eweC by the Cry E�glneer for corfcrrrance b t-
adopted policy
a. On collector or larger streets, lines of sght shall 1R plotted for all protect intersections, - - --
including driveways, Walls, signs, arid slopes shad be located outside the lines of sight
Landscaping and other obstmotons within the lines of sight shall be approved by the City
Engineer.
b. Local residential street intersections shall have their notloeabllity Improved, usually by
moving the 2 -/- closest street trees on each side away f rom the street and placed in a s }reel
tree easement.
e A Dermh shall be obtainetl from CALTRANS for any work within the following rghtvFway --
FooTNtL! grotJJ_EV,4
9 All public improvements on the following streets shall be operation tIty complete pnor to the .'—
issuance of building permits:
N. Public Maintenance Araaa
1. A separate set of landscape and irrigation plans per Engineering Public Works Standards J—J-
shall be submitted to the City Engineer for review and approval prior to final map approval
or Issuance of building permits, whichever occurs first. The following landscape parkways,
medians, bassos, easements, trails, or other areas are required to be annexed into the
Landscape Maintenance District:
Fkao-n/ILL RouLEVAQb MWWAN
V2 A signed consent and waiver forth to join androdri the appropriate Landscape and Lighting J_J_
Districts shall be filed with the City Engineer prior to final map approval or issuance of building
permits whichever occurs first. Formation costs shall be toms by the developer,
All required public landscaping and irigation systems shall be continuously maintained by the
developer umtl accepted by the City.
a Parkway landscaping on the following streets) shall conform to the results of the respective JJ_
Beautification Master Ran:
O. Drainage and Flood Control !
y1, The project for portions thereof) is located within a Flood Hazard Zone; therefore, flood — — --
protection measures slag be pr0vr0ed as denied by a registered CNf Engineer and
approved by the City Engineer.
2 It shall be the developers responsibilNy to have IM current FIRM Zone _ r
designation removed from Ina pvojacl area The dwsbpers engiMSr shall prepare all
necessary reports, plans, and hydrologk/hydrwlk calculations. A Conditional Letter
of Map Revision (CLOMR) shag be obtained from FEMA prior to final map approval or
Issuance of building permits, whichever occurs first. A Latter of Map Reviebn (LOMB) shall
be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first
3 A final drainage study shall be submitted to and approved by the City Engineer prior to final . _.
map approval or the issuance of butbing permits, whichever occurs first. All drainage
facilities shall be Installed as (squired by the City Engineer.
SC 4/91
A permit Irom Ine County Flood Control District 'S required $or wor%witno its rynt eLway
_ 5 Trees are prohtbded within 5 feet of the outside diameter of any public storm dram pipe
measured from the outer edge of a mature tree trunk.
V
6. Public storm drain easements snail be graded to convey ovamows in the event of a
—/ --
blockage in a sump catch basin on the public street.
P. Utilities
i Provide separate utility services to each parcel including sanitary sewerage system, water.
'
gas, electric power, telephone, and cable N (all underground) in accordance with the Utility
Standards. Easements shall be provided as required.
2 The deveoper shall be responsible for the relocation of existing utilities as necessary.
3. Water and sewer pans shall be designed and constructed to meat the requirements of the
Cucamonga Courmy Water District (CCWD), Rancho Cucamonga Fire Protection District,
and the Environmemal Health Department of the County of San Bernardino. A letter of
compliance from the CCWD is required prior to final map approval or issuance of permits,
whichever occurs lint.
O. General Raquirements and Approvals
�.t. The separate parcels contained within the project boundaries shall be fa ly combined into
one parcel pnor to issuance of gliding Permits.
2. An easement for a pint use driveway shall be provided prior to final map approval or - -J—/
issuance of building permits, whichever popurs Orel for'
3 Prior to approval of the final map a deposit shall be posted wnn the City covering the I J�
estimated cost of apportioning the assessments under Aeseunem District
among the newt' created parcels.
4 Ettwanda/San Sevaine Area Regional Mainline. Secondary Regional, and Master Plan
Drainage Fees shall be paid prior to I WO map approval or prior to building permit issuance If
no map Is involved.
"5 Permits shall be oblained from the following agencies for work within IheN rightol -way'.
E A signed core" and waiver form to join attdlor form the Law Enforcement Community _ JJ-
Fadleies Dartrot she$ be pled with the City Erglfeer prior to final nap approval or the,
issuance of building permits, whchever occurs first. Formation posts shaft be borne by the
Developer.
-----7
___ 7 Prior to finalization of any development phase, suftidem improvement pans shaft be corn-
pleleo beyond the phase boundaries to assure secondary access and drainage protection to
the satisfaction of the City Engineer. Phase boundaries shag correspond to fol lies shown
on the approved tentative hap,
l8°
SC 7/91 10 -eLFY
RESOLUTION NO. 9 - - - -_,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 13845, LOCATED AT THE
SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN:
229 - 011 -10, 19, 21, 26, 27, and 28
WHEREAS, Tentative Parcel Map Number 13845, submitted by Masi
Commerce Center Partners, applicant, for the purpose of subdividing into 31
parcels, the real property situated in the City of Rancho Cucamonga, County of
San Bernardino, State of California, identified as APN(9) 229 - 011 -10, 19, 21,
26, 27, and 28, located at the southwest corner of Foothill Boulevard and
Rochester Avenue; and
WHEREAS, on duly 22, 1992, the Planning Commission held a duly
advertised public .hearing for the above- described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1; That the following findings have been made:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is
consistent with the General Plan.
3. That the site is physically suitable for the
proposed development.
4. That the prcnosed subdivision and improvements will
not cause substantial environmental damage or public
health problems or have adverse effects on abutting
properties.
SECTION 2: This Commission finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970; and further, this Commission hereby issues a mitigated
Negative Declaration.
SECTION 3: Tentative Parcel Map Number 13845 is hereby approved
subject to the attached standard Conditions and the following Special
condition.:
Engineer ins Divieio
1. The existing overhead utilities (telecommunications) on the project side
of Rochester Avenue shall be undergrounded from the first pole off -site
south of the project's south boundary to and including the end -of -line
pole just south of Foothill Boulevard, prior to public improvement
1
PLANNING COMMISSION RESOLUTION NO. ._' -1r,;
TENT PM 13845 - MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 2
acceptance or occupancy, whichever occurs first. The service to the
existing structure on the east aide of Rochester Avenue shall be
undergrounded across Rochester Avenue to the pole on the east side of the
street. services to the existing structures on -site from the east aide
of Rochester Avenue shall be undergrounded as well. In addition, an in-
lieu fee as contribution to the future undergrounding of the utilities on
the opposite side of Rochester Avenue shall be paid to the City prior to
the issuance of building permits. The fee shall be one -half the
difference between the undergrounding cost of the utilities (electrical,
except for 66 KV electrical) on the opposite side of the street minus
those (telecommunications) on the project side times the length from the
center of Foothill Boulevard to the south project boundary (990± feet).
2. Foothill Boulevard shall be constructed as follows, subject to
modification by and approval of Caltrans, with Phase I:
a. Full improvements on the south side from Rochester Avenue to the west
project boundary including a continuous right turn lane beginning 230
feet west of the Foothill driveway.
b. A landscaped median between Rochester Avenue and -8- Street with left
turn lanes to the satisfaction of the City Engineer. If Coltrane
does not allow a single segment, in -lieu fees will be required in
conformance with condition 3.
C, Thirty -two feet of pavement on the north aide of the median.
d. A catch basin at the ultimate low point on the north side of Foothill
Boulevard, sized per the final drainage study, with an interim
later.! to the catch basin on the south side. The north right -of -way
shall be graded to direct flows to the catch basin with deeilting
facilities to the satisfaction of the City Engineer.
a. Transitions to existing pavement went of the west project boundary to
the satisfaction of the City Engineer and Caltrans.
f. The Developer may request a reimbursement agreement for permanent
improvements north of the centerline, including half of the
landscaped median costs, from future development as it occurs on the
north side of the street.
3. An in-lieu fee .e contribution to the future construction of the median
island w.thin Foothill Boulevard shall be paid to the City prior to the
issuance of building permits for Phase I or approval of the Final Parcel
Map, whichever occur. first. The amount of the fee shall be one half the
coat of the median times the length from the west project boundary to a
projection of the westerly right -of -way line for "B^ Street. If Coltrane
does not allow construction of the median in Condition 2b, the fee limits
shall extend to a projection of the westerly right -of -way line for
Rochester Avenue.
IQ, 71
PLANNING COMMISSION RESOLUTION NO.
TENT PM 13845 - MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 3
4. Rochester Avenue shall be constructed per approved Drawing No. 1431 with
Phase 1, unless completed by other,. In addition, sidewalks, street
trees, and A combined bus bay /right turn lane north of the project
driveway ,hail be installed. The right turn lane shall begin as close to
the Foothill Boulevard intersection as possible.
5. All public storm drains and interior public street improvements shall be
constructed with Phase I.
6. Public street sump conditions shall be designed as follows:
a. Provide an overflow route from "A" Street to the mouth project
boundary and a method for those flows to pamm through the perimeter
wall in the event of blockage in the catch basins (method shown on
the conceptual grading plan has not been reviewed.
b. Provide An overflow route from Foothill Boulevard to either "B"
Street or Rochester Avenue in the event of blockage in the Foothill
catch basin and provide additional catch basin capacity on Foothill
Boulevard to minimize the possibility of blockage to the satisfaction
of the City Engineer.
C. Provide surface drainage easements and drainage acceptance agreements
allowing public water to enter private property from both "A" Street
and Foothill Boulevard.
7. The public storm drain in Foothill Boulevard and "B" Street shall be
upsized to accommodate interim undeveloped flown from the north aide of
Foothill Boulevard, per the final drainage study, to the satisfaction of
the City Engineer. The minimum diameter for permanent public storm drain
mains in 24 inches.
B. Construct the earthen berm north of Foothill Boulevard, as designed for
the Sports Complex, with Phase I, unless completed by others,
9. An in -lieu fee as contribution to the future installation of a traffic
signal at the intersection of Foothill Boulevard and "B" Street shall be
paid to the City prior to the issuance of building permits for Phase I or
approval of the Final Parcel Map, whichever occurs first. The amount of
the fee shall be one- half the cost of the signal.
10. Parkway improvements along Foothill Boulevard shall conform to the
Foothill Specific Plan Design Supplement, to the satisfaction of the City
Planner and City Engineer.
11. An in -lieu fee for one - fourth the coat of constructing special pavers
within the Foothill Boulevard /Rochester Avenue intereection shall be Palo
to the City prior to the issuance of building permits for Phase I. The
fee amount shall be based on the square footage of the intersection.
12. Modify the traffic signal at the intersection of Foothill Boulevard and
Rochester Avenue as needed to the satisfaction of the City Engineer.
Ig3
PLANNING COMMISSION RESOLUTION NO. )2-i GJ
TENT PM 13845 - MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 4
1?, A public sidewalk easement shall be provided, with an
encroachment /maintenance agreement for the plaques, overhead arcade, and
other features, south of the Foothill Boulevard right -of -way between
Rochester Avenue and the project driveway. The agreement shall hold the
City harmless for damage to or liability from privately maintained
special features. The agreement shall be recorded prior to or concurrent
with the Final Parcel Map.
14. All drive approaches shall conform to City Standards. Larger radii (up
to 20 feet maximums may be used when transitioning from a 40 -foot width
at the right -of -way to lesser aisle widths on -site, as shown on the
approved plane, for "B" Street driveways in particular.
15. "NO Parking /Stopping" shall be posted on all public street frontages.
16. No portion of the "Vintners Walk," including the seat wall, shall
encroach on the Foothill Boulevard right -of -way.
17. Provide hardecape to the curb in the bus boarding area along Rochester
Avenue.
18. Sidewalk shall cross drive approaches at the zero curb face. Handicap
ramps are only required at street intersections. Cross walk. shall
conform to City Standards.
19. The areas tributary to Rochester Avenue and the Sports Complex storm
drain system shall be adjusted as necessary in the Final Drainage Study
so that flows will not exceed the capacity of the existing downstream
system.
20. The section of "B" Street between Foothill Boulevard and the four -way
driveway intersection 200 feet south of Foothill Boulevard shall be 56
feet curb -to -curb, to accommodate four traffic lanes. Provide a 40 MPH
transition for the outer lanes south of the 4 -way driveway intersection.
BuijslLngend�pf etv Division
1. Provide a 60 -foot non - buildable easement on the west side of the existing
building to remain on Parcel 27.
2. All proposed structures must comply with the wall and opening protection
requirements of USC Chapter 5 with respect to new property lines.
3. On -site storm drains shall be designed for Q100.
Planning Division ,
1. Tentative Parcel Map 13845 is contingent upon approval of Conditional Use
Permit 91 -24, as lots of less than 2 acres along Foothill Boulevard are
only allowed within an approved master plan.
1 (6ll
PLANNING COMMISSION RESOLUTION NO. 93 -1)0
TENT PH 13845 - MASI COMMERCE CENTER PARTNERS
July 22, 1992
Page 5
APPROVED AND ADOPTED THIS 22ND DAY OF JULY 1992,
PLANNING COAISSION OF THE CITY OF RANCHO CUCAMONGA
Larry Tel,
ATTEST:
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular toasting of the Planning Commission held
on the 22nd day of July 1992, by the following vote -to -wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
rY
CITY OF RANCHO CUCAMONGA
STANDARD CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 1101 r
. +.n. rre, , he, ,o .re room f'hr, .f .h"r f
Vol, 4. ¢dl[.tIM_ i end \_airlcul ar 4ceav
ill yn(a 4I • n r.*n[t \nail the eemcated to the r", Inv
all rnteno, vunl fen ao-tet'.'ema ley inn I. purl l[ p.teot.
pool's Luly. t avert o-en. and I.b.k dre In...
••0 Inr of ens X., Len beta p Prlr.et
Iasement,v Inr 5nm -p uol if sec 11 "1" 1[rost -lot nu lne4e, ink
leerier [oils, el: 1 twl nt —ii-ed n ff— on in. ill en[
.nom• tenotla rap
O d'[[lion Nell ne mine of tM '.11-4.9 rlgntt -oLxY or !n.
/b�e/,slY_ter ttreeet !.*[tared fr. III.[ Cln1erv11M1:
um�702 a0 fat on
id'� mbl feet pas _BG4L�i57F.E�dENt)C
mld all on
total feet p
1 an I r . A on le offer of Jedl, A l i for rpJy et Y WrpnS Nall be
made .It, tM ptliet. ttreet5.
a Corner property II., cutplft [hall be Melc.ted per City
M sbMares.
V" _ S vemaviar . t[ 119nta ,bell be dedicatee to the Ube for me
Stoll -ly three[', a cept for approved openlnyt
6. }[lprecal a enlmenp en ..1, ¢cot to tl) part era Shall
pe pmrlded by I la a .r 4edt and Nall to recorded prior to
_� or cnnur ... t .Ith the fled' part.) amp.
1 pe, land p ... Inf a9reami l N, .11 p.rtrls .M amet ... ntt
a9namenli ensue I" Joint halm..... is all 1. rnedl.
m let
:it artin9 ale- small be provided by aran't or deeds and
sMll Ge eecnrded prior to or con[uven[ rich the It.., per[el
mip-
6 All et'cling a [een[t 11119 .i thin lu[un 119.t -hay -xy are to
me 9ultclaleet for delineated M the W per (it, frlq:neer't
reou l lement,.
9. flteaent. mf pmilc llde.olt and /or Street teem, p1 ... III
m [tide [M pall lc 'IJot -of- my Nall that dedicated to the City.
11 Prlvb drpna9e btSmMts for c a -lot drainage Nall be
pr.rlded and Nall be All ',lied o, rotl[M - Ine final par[el
C rep
II Addl ll.n.1 s[nel rlgnt -ofaq tLll be demoted den, rl,hI
tut. Ilea,, to preeld. A mtniww of I feet meoured fr. the
.ce of [orbs. If web .`1111W Ildenit II .iM don, lee
.lam mrn lax. . .... 11.1 Street tree easement shall be
prom lJlJ
I: Ine n reLger sndl .hake a ,pod faith effort to .cuulre the
reyul had off site property Interest% IeCr51ary to Conilrucl the
,1.111d Wit, Ipro...I. and If he /[he Should fall to do
be ".III,, mall at Ient Vo •,i" wlor to wertrttal 0
one final cartel nip 'or apron'. a t rt m
er Into en .gee -n
c I"' tM lyrovenenta pu .... nt co l.n."nor.t Cnde ... if..
66161 It SUCK time as the City .tool r<a the prnpertr Intents
reaulred for m. I.pr...net. I... .... gent 5n.n prwine ror
Payment by the 4. em oplr of .11 ...1a Incurred by t e city m
acquire the off -Site propog Inter,,tl required In atone. tJ On
•ith the auOJirlaion. Secs,lt, for . .rtl.h or Ihete ca
shell be in IM Ion nl a atn d ... III In p the .count gleln Ins..
moonl5a] report Mt.tbad 1, the derel oiler, at I ... I np[A'I
.u.
The appraiser Nan nu. been .pprirod by the City prmr
en . amen, or tM .ppra 5a. fh IS coNmmn eppnei m
p.ruc, ", but I. I Lased l.-
V. St.. Imeame�mli
1. 91 pu611[ Improvement, (Interior streets. dnlnaye fa, il R4s,
tommemeolty, trall,, sesame. lindtuped 111,5, et, I t n the
plans and /or tenbtlo mail th.ii be ronilr.clM -lo ntr
sUMUe,. I.1 Her street improvement, an,ll 1111me. hul ale
mt Ilml led I, [carp and gutter. AC 1-amenl. drla sup.... net.
0 OlwlY1, street lights. .M Street trio.
t. A mthly of 26 -loll for pavement .'Mtn , 10 '.of .Ida
d"ICat[d riot -of -me, ,hall be [pns[ru4ed for tll n,l Lai [fun
,4etb.
J. Cmltrost the Ipllo-ln9 m1151ng perimeter street leq.o+enen[t
Incieleq that not Milted to
row a
1ry,(! V4 4011.
• c
M1ml.
Sla�
rµ[
Burt
Wa.
vrtn
ll5xif
frml
im(IS
tO" troll.
egIES: (.) Median Island Inrlude[ landscaping and Irrigation . mete.. IMP
Par..' re[onilrucllm and prerl sYS .111 be detenlned doling plan con.
1[I If So Yreed, Ito ... It [hell be [., -mr per SID. 101- 1.1 If sn
4rted, an In -Ilu of mn5t —Clon lee atoll be prodded for this Ism
M W E_FkA_1WVGWAY..____. _-
✓ . La ,. •merit p ,nt .nn .nnttr.n tlnn
e `.trees lyrvrwtent of, ote l l,'enmq:....E,...... •net <R eoe
I lgnLt, prep Oleo er . r . 9 a
ts. I m n avvro•ee er the 'It, [ngmeer.
I .or. .e... pe r In •v'1 Ind Inn-lc rlvnt I.
� II be Ia1V eM e ' tr 1.1116. p[•mlt vMll ne
nett iron 11, ` y fngl neer�an off". la .J01[IVn Lo ally
otnee P.-111 reVUlrel.l
l -then\ "111,11. .I n9. "'Ml. IIIW tax ,IVnlnq.
anJ anVWt ,hall 11 mGI1M to the
5•tltf.<tlan of In, 1 11Y Fn9lneer.
.I .oriel cnmun ... n owl ....I men he lrlltllM o .I, nee
oIt+uc. ion ell enanuc tlm of tor. SKonaerr r
. all Ktor ee \t .nlcn In[er4Kt +1 to of nee uI �.
err u t rill Ito. ....... Ine fu.... trelf l< 51I A t.
vvll bw<5 then he pte<ee on both Jas of the street a 1
Iles -11 loe oe 9[4, fC or .nY other Iocatl Mt .pDrprM oY
me oil Engineer
Y—_
V_
Mtea
111 Allil [IIE^o•ei anel he a. 6 unl <ti o[her.lte apK 11tH
eP l Cold. I thjl lebA I'Inth 9.1l.011 steel +Ith Padi"We.
..nla.D r.Ta I br hat Pll" to e s
l <o..r of
na
a
e Inert<nlon• D <. rt tr standndt or t mrKtM by Ile Illy
/ CdJI ^q Clry 1..41 `eWlrin9 tom[[u[tlon toll rtNln ,pen
elite et U.et dtA IdrW.te detaurt duel rig
n5 trust loll •laI street [I pvu.< pull may Ire re""a A
th assist bell De prorlded [o [prV tM lost of 11.4119
.ea oar ln9. +n n<n ne «I-Mee noon rupLt ton of the
[onttruc tarot to <thet srtlsfKtlon f tM City Cn91M[r.
q [oaenvtM drainage nWt be Mt <rpta tided Yt.
Il1do t16-11h e<em seat De lhaI led lD utr S4nd•.at,
,,pt for tingle 1x.11, lots.
n SVeet I., ,toll be .",;V by W City Alan., prior to
tuD.11l.) for first D'In Ihecl.
5 SVeel lylme,fnt of... per City SPnn.rdi Ior all plbae
vtreeaa snot be ororlded I, �1[m •."apnp[Mme y fit we on
(n9l afr. leetrlonll to .[sepal d .M ci, tractiM P rests atoll be
streets.
oOtner perfI'. repo tred`Y [n91a <r'i 01111e In "Won to ally
b. S[reet bees. • elms of IS -9.11 Jte or Lr9er, snel De
ImtanM per tl,, 54ndardt In cordate dtn tM Clty t
street tree program he
of En91 ^eer .o `... fory llaend M designs .[S pollgrerl ereE DY the City
Ilnes of I'll mall be
pottMll
for Hatt ,1 Dr.Jen,I It in....A, tlona, I-. ., q
d. bee >s. .11 t. J9ns. and 51—$ the: ne lo[•ted
auttl.M the Ilnra of a19n1 tight a Mntl ll be appr ... d�I,
Wttr,tllFnglnee... the tines of +
t -a, r•afd•n[Ie at ... I ul„er4K ho,r",a the 1.1 e1.. e,I
of .... lde near yf•om the tL ert and Platen In
et
at.tr«tr ✓re uaewnt.
e. A p _;,h ax[n A. de,,, red frill [q'4A.r 'or mr .,n ...... I r
I.t louln9 rI,ht -of -.q
9- All 10111 Iy rore.enu on to a rmloanv atn.tn s n ',u n.
__— eser•tlon•llr [nple[r prior to the Rmenar nr nalrvl
Permits:
I. A seP[r•te set of IIIAII•Pe and Irrl,ll I.h plans prvr inglmef trig
Pu011[ fore[ St•nda MS [bell be t.Yltted \n Inc Ill+ f,.gln<rr
for reel+. •M IPpfnra Prior to final Para nep .ppror.l. me
Poll sing I•nEaupM p•rtuq a. meIl•n'. Vneoi. •aexnh.
trills. other • shall xe .nnr.M mm me el mntuve
wlnlen.. olttrl[tre.a
A ,197,E consent and steer Ion to loin ana /.r Ion the
•pprpprb[e IaMU•pe •nE llghtloq o[etrl[6 shall De IIIrE formes s.
I
the Ct t^ [n91veI prior to fine 1 ap .pDro..l on
[ostt s .n by bosh by the Eeeel.Pe I.
All .11,4`4 OdAr l[ IanJSUDIng and III
son sM1te.n anal) Le
ono moue, aInt•Iad xr the ae..lnper mtn .[opted br the
file.
_ 4, P.hr•Y l.ndia"lnq on the mil —in9 [«eettl sl Sn
lxA rei.I tt of tM rtSwfive BUutlllutlon WI'll P1 •nn p
D. > 1 r W flW fatal —_
1. Ine DrOJKt 1-1 9of4lon, be"Alfl 1, '.,,led ulthln • rill.,
xet•rE Za7e: tMreron. rise, prdtK on ar rn [nett nr
prold[d • certlfled by regl Jered III II u Cnglnerr and
be the City IMtMO-
t. It 11.11 be tM Moldper•S rnpdnal DllltY la here the l hat
f IIN ZW Etal9n.11on rarored . ..... prolKt . «.err ine
d,R1oD,r MV met peep ✓! a ![etwrY Or Ih, plena,
.M nYdrol oql[ /nYdrwl lc ul[ul •tlona.n A Condl ll one Lett<r nl
r1d, to Wp lrylfM �'OC,1111 tn•I Le he [L tflWp 4erM1 [IOTA ItM41 shallnbe
hm[d M FCM Or l dr to uc[uD.n[Y or Irprovewent Ka epten[ <.
ellcxerer occurs "Ill.
I. A flat Er.ln.9e tt., tn.11 be suhn.. In and eppIII I .I the
IIIWitter .... .. fI1. ed 1.s «VUl ed 01, she fit, l driller-
'AC e
1. of
AOrWaee rinag e l9ns erlM the prnvo tr Ireoh, dl¢end arepoaal shelf Or dI r
$. Aupe,It fr. the C.MY ndo, Cq..bol D"t,,,t It reW l«d I.,
wet dtnln Its right - of -uq.
6. trees are prom Oiled ultnln 5 :bet o1 the outs,,[ nNx Vr oI
ally pnbu[ sm,. ,fell pipe a a red from the WIe1 cove nr a
store tree built.
✓Loll, 5tpnl ,n In ea[ranls anal Dr 9re,M tn.mm� 5 ra it nn
I' ...I ion
I7 Ne Went of bl olta9e m a sn.p c
[ I+Prwsnl Cogle{lon
f _ 1 b m. «dp' a won [ all d [ cpsw.menn a m
not . hen nrlpl
+VVroul of [ate nMl Pallet had. , Ipro.,een[ .rill
+crami of . .11eemnt ...CUUa ny Re Ik +el over rand Ise
ll[l .111 ]e re9ul«J for
e9d_0 -S7bX AK_DAA1145 __- .- - _ -_
II the .eau1.M pool 1. lyr- +teems Are n.n 1-1 elm pr lnr lu
app rnv al oI me natal Pot el .1. iro•p.eeeu ,.,tint A t<
%hall are pi+ud upon the Ilreal Parcel pp ststln9 th�ttatyt.,they IIll
oe IIIatAd upon development I— SIXMr /R�_
BL+QiIDEwAi+.KS EGG_ - --
e_ Utll l_llet
I.
Prov tae "P.,.,. utll t' urrl... to !Kh p+rzel irc Wdhq
anl[Ny [harp! system. YSN, pail e1Ktr1[ paver, eel epliaw
Add I..[. I1 fall M b KcoM+Ke dth he ultty
HeMards. Eashmepls shall Y p,hafded a re,ki
$_
A [er +no seer plats shall De YsIgY+ eM Cpnit.u[ted t. meet
W beYnts Of time [ucmwsa Coaxer water 0lstrict ICMDI,
Minn. C,,maki I,,. protactlon Oglrl <t, sY [M Enrl rorYnbl
Yalm D.po[rant .i tha Cmixty of Ln N1mard1M. A tell., of
corm o-.. m! CNO 1, .mYVeel prior to final parcel map
app.... 1.
)
Approval, have p[ Dean iKUrad Ir[I all ulllllllf am .the,
InlerftGd &WWI*t Im.lred. ApprOmAl of time IIYI Marco! UP
.111 he .JKI to aq rlWbRnts that YY he rNdved Iru
the..
+.
The de +.l oiler ,hall D. rnpmslDlf for the relaatlY of
_V—
..,,if, utilities a Mc a as.ry.
G. 4mer.1
"I mormit, and Mproralt
1.
iM W1.0u map appr.N Is .did I., Ill. 24 abnlh Marled
III Io-1 nq tY ...foul "A.- l ass,
tan Plennlry CpYlnlm. . ge,bd prior to[.. +
data.
2.
find _.nI pl.ni fa. ._k p... el Hull Y n .—Ir,O be 1p
of dl
Ou ll"m, AM Ural, .!.idea% prior 10 1ASU,W.
perm! ls.
g.
A I", of the Cmen.at,. CpMf,i MS And
of
IDproved DY that City Attorney s nW prior to
LM final p.ro l .0.
a
M ea SlYnt for a Joint As. dris.mmy small W provided prlhr to
final penal UP approval for
s. Prior to ""0'., O, 1,M final Up a deposit shell be posted
-'— — miss the Clt. .....ln9 the estlYtM I.,, P, apporll MIn9 the
n,Ynn .Mar +ASN.sYnt G.swst
.rated parcels.
f'l.an!+'Shat Samna trea sessional Ylnlfne. q omdlry Peglona
,no seater plan Oraln.ge feel Shall he Meld prior to Ilna
. .1 ei na, lVPr u+.l
.1 5 /.'Ira:
r. Fir- hall Or WIa IBM 1rt in,, ruu.data! a•R I,, tar sun
."hlll their ...he .1 or
N. A ,19ned [ � ant and mu lore Lo Win anal %ur la'e Ine lev
in furt[eentCaeu nits fealeltln Ol+trltt .hall ce Ikea .
the [IIY En9lnter prior to final pare! map approml forve[lon
Cps Lt then he horm hr in. Ce.n ape._
9. Prior to finalization of frvelopnent phase. sulfici -s
Ipro teen[ plans %hall he [c deed mesons If, ph— h ... darin
to s re [and.1, Kett and dral -,v prp[eC[lpn to the
vit,(a los 1,M CI IY En9ICve,.
IU. Pur,ulnf Lo p.pvl,lani a1 Cal llarnl• Puhl l[ pnpu+[<t I.." Sectlpl 21C99ID1, this app! l[etl on snNl not are open tbe,
+ezted a• final m mill ouP ding Masai [t ate issued or nap
KardM, until 111 r1M Ytt[e Of Oeternlnatlon (MWI «9ardlny
1M Bsplet.4 em4ormental rctlon Is riled and pasted .Ito the
Cq[t of AM !herd o/ %NrmIsan or The Cwnt1 of S.
0.... Mlno; and 121 any and all .,u" .d filing fees a an s en
puriment t0 California fish a f Code MctWn mit,
[a9etMr milk any NWlred Mndllnq Charon, a r e paid to In,
C—ey (fare of the Cmnty Of stn Bernardino. IM appI I'..,
shall provide that Englmerin9 Oep.rtament .Ith a steped and
C eforeed C", Of the a00 ho9etMr alth • ..,.lot so.I, that
.11 fees Mve ONn paid.
in IM .rent this <IMllo de
tldn Is tenlned uept Irw +,in
nl 1., fees pNZwnt to IN prmltlpnt o, IM C.i !foam. nth
end Deal Coed, r IM it'dHlnts p . . .... . ...... turf. e
10, payment of any nqulred handling cMrW for filingevA
Certlflute of Fee faYtlon, this I- cellos IMII or I—d
mil aM,std.
_ II. Prior to rKprd.tlm Of the Iln.l parcel Us. Ine aVVl I ... I
shall - consent lo, fir, part di.I. In, tan nt.hl llhYnt of a
IYle MOs community
eclltt l et 0111,1111 for tan I ... "u, JOn
.M Ym1eMM. of .ten L' 0111,1111
...Mein. fkavcvN. u ,
,IN"l dl Strict Na previously nbol!shed I.Ih a ComenllY
1Kll ltlis Of,' rlcq lme appllunt ,hall, In the dlern.11w.
[hash% M led . utlq+ of the tl.j -t the Into the le-11-,
Of fuck .link, dlslrllt Nle, to the .Ir4.ti.h of the 11.11
pain.I amp. f.r1AN, If Lne .ff.1t,d t 1 hml dlt[rilt n
fossil , Yllss-Gm, Cominl[Y M<II I[In 0lslr Re sIA,l. t
Yniks From else all of approval of 1,M project and prior tnrm.
Kordatlm Of tan fin +l same[ map for said project, 1I1,
coMltlon .hall Oe .4 _11 aM eared
This coholicn shall N halved II the City reCelves nntln the!
the .ppuunl and .11 .hinted %[foal dlurlat In...
ere!
Info a agreement to privately KCOSadate Mr an l es,h -i
le,i A a result Of tub prdj Kt.
12. IM developer shall moral sar[111prte In, And C.n,.Ie Ir
<.us. to M C."P.d. p.rticlp.ted In, o —I,d, a hell.
,bar, Can, 1,l Fast It Isis Ulstrl,t (CID) for the I,Ohu
CucYOya FIM PfptKttan oblrilt t. r1Yme land .!thin
,rmi YI.I.YK. of a fire za1l on to « v e IM da""am".1
In station shill no IKKed. detl9ned. and Will m all
sp «uI[,lmn, of the Mpn. Cuupn9. fir. Praw'I.h ol""t';
,red to +n Decoee Ine ob Nllt's proper' noon ltpleuph. in
e
e,1,U,t ,hall he del Ktld Or IM Ol HII heal4 —, ell
i[, need,. In any nulldln the 9 hl . station, ^
Ideally silk dl app! full. lea and requl.flpnt 1^e Chi , all
he ror+ed or
m< on4¢t .nn me de+el peer nr rem One
re[oratlan of [ne tlnAs Varlet atop in' 15
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 19, 1992
TD Mayor and Members of the City Council
FROM: Duane A, Baker, Assistant to the City Manager
SUBJECT: Continuance of Taxicab Ordinance
Recommendation:
It is recommended that the City Council
continue the public hearing on the
proposed taxicab ordinance to September 2,
1992.
Background:
Per the City Council's request, staff has
been researching all of the taxi
ordinances of our neighboring communities. As of the deadline for this
agenda, not all of the ordinances had been
received and staff was not able to
complete its analysis.
In addition, one of the taxi companies has
prepared a package of information
that they would like lite City Council to review
prior to making any decisions.
For the above reasons, .staff is respectfully
requesting that this public hearing
he continued.
RcgpcctPully / S /u��bmjji�tte/Q'd', _
C'tL //vI)I i yi . i' 6 �/W�'�
Duane A. Baker
Assistant to the City Manager
DAB /dab
ORDIMOCE NO. 501
EREW-611 MA ljmt*l Y . ' • • Y Y• • 1 • I: 11 t
• II 4 • • • V• • I M1•• ••I 111
7 1•• 7• I i N V•!Y: S' N 1Id•011
•or t u �!C•r!444!Le 1,1? !10.;IM. !' • W'.•_
A. Recitals.
11 M H r Y• • 11 Y • • • Y' • 111. • • �
Section 1.
Chapter 8.30 hereby is added to Title 8 of the FWxhO Cucamonga
Peauicipal Code to read in words and figlu'es, as follows:
"Chapter 8.30
V• 1 Y : YY Y91
118.30.010
Definitions.
"8.30.020
Permit Required for Taxicab Service.
"8.30.030
Application for Taxicab Service Permit.
-8.30.040
Issuance of Taxicab Service Permit.
"8.30.050
Grounds for Denial or Revocation of Taxicab
Se vice Permit.
"8.30.060
Permit Fees.
"8.30.070
Taxicab Driver's Permit.
" 8.30.080
Application for a Taxicab Driver's Permit.
"8.30.090
Grounds for Daniel cr revocation of Taxicab
Driver's Permit.
"8.30.100
Issuance of Taxicab Driver's Permit.
118.30.110
Appeal Prvoed=w.
118.30.120
Revocation of Permits.
108.30.130
Domptios.
8.30.140
Time for Compliance by Existing Taxicab Services
and Taxicab Drivers.
"8.30.150
Peralty for Violation.
1 1 • I- _t_. .•.I�
"As used in the Chapter, the following terms shall have the mannings
set forth below:
"(a) Driver. Any person driving a taxicab either as owner or under
the direction, employment mntz 1, or service of the owner as herein defined.
l%D
Ordinance Yo. 501
Page 2
"(b) owner. Every person having control, whether be outright
ownership, lease or otherwise of any taxicabs for hire.
"(c) Person. Includes both singular and plural, and shall mean and
include any individual, firm, corporation, association, partnership, or
society, exclusive of public agencies.
"(d) Taxicab. Arty vehicle which is used to provide taxicab service
as defined in this Chapter.
"(e) Taxicab Service. Taxicab service means any public passenger
transportation service available for hire on call or demand over the public
streets of the City of Rwxho Cucamonga where the service is not provided over
a defined route but between such points and over such routes as may be
directed by the person(s) hiring the same, and irrespective of whether the
operaticns muted beyond the area of the corporate limits of the city of
Rands nnamo ga.
"It shall be unlawful for any person to engage in the business of
operating or causing to be operated any taxicab service within the City of
RancD Cucamonga, without having a permit to do so under the porvisicns of
this Chapter.
"(a) Any person desiring to obtain a permit to operate a taxicab
service under this Chapter shall submit a written application to the
AdM nist_rative services Director, on an application farm provided by the
Administrative Services Director. Applications shall be signed under penalty
of perjury and shall contain the following informtion:
"(1) dame, residence address and telephone number of the
applicant.
"(2) Business name, address and telephone amber of the
applicant.
"(3) Mmber of vehicles to be operated under the permit.
"(4) The make, type, Year, mmfactuuer, and passenger seating
of the vehicles to be used by the applicant.
"(5) The proposed color sch�, insignia or other
distinguishable characteristics of the taxicab to be used, including the type
of ill minated sign to be mounted on the tap of the vehl.ole and legend
thereon.
"(6) DAAenoe of public liability insurance of not lees than
$1 million for each person killed or injured and not lees than $2 million for
Ordnance No. 501
Page 3
death Or injury of any two (2) w mcre persons in any one accident, and for
damage to property of at least $250,000 from arty one (1) accident.
"(7) legal and register wnecship of the vehicles to be used
by the applicant.
"(8) Prior Mperience of the applicant in the taxicab business
including the details of any prior denial, revocation or suspension by arty
public agency of any taccab service or taxicab driving permit, license or
certificate.
"(9) All felony convictions of the applicant and of all persons
having an cnmerchi„ interest in the proposed taxicab service for the previous
five (5) years.
"(10) Pates to be charged to the public thteuxltxxrt the term of
any permit issued.
"8 30 040 Issuance of Taxicab Service
"Upon the furnishing of all the information required by Section
8.30.030 and payment of the requited fee under this Chapter, the City moro=n
shall issue the applicant a Taxicab service permit if the applicant is in
avpliance with this Chapter and there are no grounds for denial of the permit
Under the provisions of this Chapter. Any applicant denied a permit ahall he
given written notice of the reasons for the denial.
"8.30.050 Grckw4s for 1 or gQM2=icU of mat h q ,
"(a) Taxicab Service Permits shall be denied on revoked on the
following grounds;
"(1) Failure to maintain vehicles in goad and safe order and in
ompliance with all laws.
this Chapter,
"(2) Any false statement made on an application submitted Under
"(3) Failure to pay any fees as required under this Chapter.
"(4) Repeated and persistent violations by the permittee w the
permit holder's drivers of the traffic laws of the City, C linty or State.
"(5) Employing of a driver 'dn does not have a valid Taxicab
Driver's Permit Under the requirements of this Chapter.
permit holder. "(6) Violation of any of the provisions of this Chapter by the
) Charging rates in Macess of the amounts stated in the
Permit appl ^(7ication.
lq2
Ordinance No. 501
Page 4
"(8) Conviction of a felony within five (5) years of the date
of application where such felony involved fraud or dishonesty W the applicant
with respect to any member of the public, or where any taxi caned or operated
by the applicant was used in connection with the commission of such felony.
118.30.060 Permit fees.
"Every person engaging in or carrying on the business of taxicab
service, or engaged in the activity of driving a taxicab, shall pay an annual
permit fee as established by resolution of the City Cc ncil. Pa3uired fees
shall be paid at the time of application for a permit is submitted tinder this
Chapter.
"Every permit issued tinder this chapter shall terminate at the
expiration of one (1) year from the date of its issuance unless revoked prior
to said termination. Any renewal of a permit issued under this Chapter shall
be pursuant to the same requirements, laoomhses, provisions and regulations
set forth in this Capter for an original permit. A person holdup a Taxicab
Service Permit may not drive a taxicab without also possessing a Taxicab
Driver's Permit. Permits issued under this Chapter may not be transferred to
any other person.
"8.030.070 Taxicab Driver's Permit.
"It shall be unlawful for any person to accept any passager in a
taxi or otherwise provide transportation services by taxi, beginning in the
City of Panc ho Oxomanga without having a Taxicab Driver's Permit to do so
under the provisions of this Capter.
"8.30.080 Application for a Taxicab Driver's Permit.
"(a) Any person desiring to obtain a Taxicab Driver's Permit shall
submit a written application to the Administrative Services Director. The
application shall provide requested information, under penalty of perjury, on
application forms supplied by the Administrative Services Director regarding
the followirg:
"(1) Pertinent personal data and proof of possession of a valid
class 3 driver's license issued by the State of California.
"(2) Physical condition affecting driving ability.
"(3) Driving record for three (3) years prior to application
including, but not limited to, arty and all convictions of any provisions of
the California Vehicle Code.
"(4) The date and nature of any and all criminal convictions of
the applicant for the previous five (5) years.
"(5) summary of experience in driving motor vehicles, taxis
and/or other vehicles few hire.
) 1 v3
Ordinance No. sol
Pale 5
"(6) The name. and _dam___ of the taxicab service by which the
applicant -rill be employed.
"Each applicant shall Provide a passport size photograph and be
fingerprinted by the San Bernardino County Sheriff's Office and a criminal
records check shall be conducted on the applicant. The applicant will be
required to pay the Sniff's established fees for such services in addition
to the Taxicab Driver's Permit fee. A driver nbtaininq a permit renewal need
cat be fingerprinted and photographed if the Sheriff determines that such is
not necessary for Permitting purposes.
1.8.039.09Q GnAMd5 fur Denial or Revocation of Taxicab Driver 't,
"(a) Taxicab Driver's Permits shall be. denied on rewired on the
following grounds:
"(2) The Person does not possess a valid Class 3 dr'iver's
license issued by the State of California.
"(3) The person has been convicted of a crime within five (5)
years which involved:
of the public; "(a) fraud or dishonesty with respect to any memlher
"(b) driving while tinder the influence of alcohol on
&wei
"(c) injuries to arty member of the public as a result
of such person's operation of a taxi.
11(4) are person has been convicted for driving a taxicab
reckdessly within the preceding two (2) years.
"(5) Repeated and persistent violations of the traffic laws of
the City, county or state.
"(6) Driving any taxicab the driver drerw on should have kman
was not in good order and repair.
this cTapte
1(7) False statements made on an application submitted under
r•.
"(s) Violation of any of the provision of this Chapter.
" on (9) Charging any pers more than the established rata for
taxicab service.
" &.30.100 Is± _M of "'a. i Driv s Per+�i
"If the City council, or its designee, finds that the applicant is
duly qualified, in compliance with the provisions of this Chapter and there
Ordinance No. 501
Page 6
are no grounds for denial, the applicant shall be issued a Taxicab Driver's
Permit. Any applicant denied a permit shall be given written notice of the
reasons for the denial. Permits shall remain the property of the City of
rancho Cucamonga and are not transferable to any other driver. A permit shall
be surrendered to the City by the driver L4= such driver ceasing to engage in
the activity of a taxicab driver. The Taxicab Driver's Permit shall set forth
the driver's name and waking address, the permit shall bear the driver's
picture and shall be displayed while the driver is operating the taxicab so as
to at all times be easily visible in the passenger's con artment of the
taxicab.
"Upon payment of all requited fees, submittal of the required
application and proof of completion of fingerprinting and photographing, the
City Council, or its designee, shall issue a Teaiporary Taxicab Driver's Permit
which shall be valid for up to sixty (60) days if the applicant certifies
under penalty of perjury that there are no grounds for denying the applicant a
permit ruder the provisions of Section 8.30.090. A Temporary Taxicab Driver's
Permit may be terminated by the city at any time by written notification of
termination to the holder of a Temporary Driver's Permit is an investigation
by the City determines that grounds for denial of a permit exists under
Section 8.30.090. Any Tagnrary Permit shall automatically terminate upon the
issuance of a regular Taxicab Driver's Permit to the applicant after the
c>opletion of the Sheriff's investigation.
118.30.110 Aooeal 1?rooedures.
"Any person denied a permit pursuant to this Chapter may appeal to
the city Council in writing, stating reasons why the permit should be
granted. The City Council may hear appeals directly or in its sole discretian
may appoint a hearing officer to hear any appeal and make a reo=Nudation to
the City Council. Upon receipt of a timely, written requeGCt for appeal, the
City Council shall set a hearing to occur r within forty -five (45) days, before
said Council or desingated hearing officer. The City Council shall render a
decision within thirty (30) days of the omclusien of said hearing.
"8.30.120 Revocation of Permits.
"No permit issued under this Chapter shall be revoked until notice is
provided and a hearing to determine whether there are grounds for revocation
shall have been held before the City Council or in the Council's sole
discretion before a hearing officer appointed by the city Council to hear the
appeal and make a reeomnandation to the Council. Notice of such hearing shall
be given in writing and served at least teat (10) days prior to the date of the
hearing thereon. The notice shall state the grounds of the cooplaint against
the holder of such permit, and shall designate the time and place where much
hearing will be held. Said notice shall be served upon the permit hcrdar by
delivering the same personally or by leaving such notice at the place of
business or residence of the permit holder. In the event the permit holder
cannot be found, and the service of such notice cannot be otherwise made in
the manner herein provided, a copy of such notice shall be tailed, certified
postage fully prepaid, addressed to the permit holder at his or her place of
business or residence at least ten (10) days prior to the date of such
Ordinance No. 501
Page I
hearing. The dsSiciOn of the City Council shall be final. This chapt r shall
be enforced by the Sheriff of San aernardim county.
"Q 30 130 Dcahotios.
"IhIS Cher shall not apply to public transportation service being
performed pursuant to a contract with the City of IAndno Clicamonga or any
other public entity in this State. A taxicab service shall not be required to
obtain a permit under this Chapter for taxicab service in the City of Rancho
Cucamonga when said taxicab service is located within another public entity's
jurisdiction and its vehicles are based within said jurisdiction and the
taxicab service has a license, certificate or permit from said jurisdiction to
engage in taxicab service under an ordinance or resolution which regulates
taxicab service.
"A driver operating a taxicab far a service that is exeunt fn a
Permit under the preceding sentence shall not be required to have a driver's
Permit under this Chapter is such driver has a valid permit or license from
another public erhtity which requires an individual taxicab driver's permit or
license.
"8 30 140 Time for cnoliance W acirtirm Ta b co.•.,; ,.a TaXigab
Dr
"Wry taxicab service or taxicab driver performing service within the
City on the effective date of this chapter shall have sixty (60) days from tine
effective date of this chapter to obtain permits required hereunder.
"8.30.150 penalty for violation.
"(a) Criminal Violation
"It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or to fail to amply with any of the
requirements of this chapter. Any person, firm, partreship, or corporate
violating any provision of this Chapter or failing to amply with any of its
requirements shall be deemed guilty of a misdemeanor and upon ccnvictiCnn
thervf shall be punished by a fins not ameeding One Thousand Dollars or by
inprisoment not exceeding six months, ar by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense far each and every day or any pertion
thereof during which any violation of any of the provisions of this Capter is
crnmitt,ed, continued or permitted by such person, firm, partnership, or
corporation, and shall be deemed punishable therefore as provided in this
Chapter.
"(b) Civil Readies Available
"A violation of any of the provisions of this Chapter shall
constitute a nuisance and may be abated by the City thrnucg h civil process by
means of restraining order, preliminary ar permarhant injunction, or in any
other manner provided by law for abataoent of such nuisance.-
1 I kc
Ordinance No. 5o1
Page 8
UM 2:
If any section, subsection, sentence, clause, phrased, on Portion of
this Ordinance is for any reason deemed cr held to be invalid or
unconstitutional by the decision of any mat of capetent jurisdiction, such
decision shall not affect the validity of the ramining portion of this
Ordinance. The city Courcil of the City of Immho Ctramcnga hereby declares
that is world have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or morn sections, subsections, sentetCEsl, clauses, phrases, or other
pertrons might subsequently be declared invalid or unconstitutional.
Section 3:
'fie 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 'fie Inland Valley Wily Remit, a raper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho armmnga, California.
laI
DATE:
TO
FROM:
SUBJECT:
CITY OF RANCHO CUCAMONGA
MEMORANDUM
August 19, 1992
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
Jan Sutton, Deputy City Cle
DISCUSSION ON ALTERNA VES TO ASSESSMENT DISTRICTS
I
The staff report for this item was not ready in time to be included in our regular agenda delivery.
The Engineering Department will have a report ready for delivery to the Council for review on
Monday, August 17, 1992.
I am sorry for any inconvenience this may have caused you.
C1I> Oh HANCHO CITCANIONGA
STAFF REPORT �
DATE: August 19, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Director
William J. O'Neil, City Engineer _
James Markman, City Attorney
SUBJECT: DISCUSSION ON ALTERNATIVES TO ASSESSMENT DISTRICTS
BACKGROUND /ANALYSIS
At the Council meeting on June 17, 1992, City Council requested staff
prepare alternatives to Landscape Assessment Districts. Staff, including
the City Attorney and the City's Assessment District Attorney have
reviewed this subject matter and can offer the following options. Park
Improvement District (PD - 85) is not considered in these options because
unlike other assessment districts, PD - 85 is an improvement district
formed by Council action and is financed with bonds that are the City's
obligation to retire. Street light districts are also not considered
since these facilities are in the public right -of -way, protect the health
and safety of the community and could not be "assigned" to a homeowners
or other grcup.
Options
Dissolve existiandsc aDe assessment districts and form homeowners
associations. NiNh T he Ci orney has advised the City can no
To—rc—e—'re-s-fTents to form and participate in homeowners associations,
we could support voluntary homeowners association taking over the
landscape districts. In an assessment district the costs are spread
equitably in accordance to benefit. In a homeowners association
without full participation, this equity would not exist. Therefore
it is likely, unless some number of homeowners are willing to assume
the full obligation, the entire structure of the association would be
suspect and could be deemed as extremely unfair. In addition, legal
counsel has advised the City would still retain ownership of the
right -of -way for the parkways and medians and fee ownership of the
parks and paseos. This means the City would still be liable for the
health, safety and welfare of anyone who uses this land. Insurance
provisions of a homeowners group would help reduce the City's
exposure but not completely.
Also the question of parks becomes a problem. Currently parks are
open for use to anyone in the City. If a homeowners association
CITY COUNCIL STAFF REPORT
ALTERNATIVES TO ASSESSMENT DISTRICTS
August 19, 1992
Page 2
takes on the responsibility of park maintenance there may be problems
determining the level of maintenance or availability of use. The
City would still have to oversee maintenance for liability reasons
and scheduling of activities.
The logistics of establishing a homeowners association would be
formidable. An association would have to be incorporated and employ
a management firm to run operations. Costs for insurance, management
firm, billing and other administrative duties could run as high as
30% Of the cost of a district. In LMD 2, Victoria, this could be as
much as $500,000.00. This corresponds closely to what the City
expends for these items. Exact costs would depend on the size of the
district and the levels of services provided.
Consolidation or Cit Wide District. While the City has several
an scape ma n enance districts, It would be possible to consolidate
all districts into one or a new City -wide district could be formed.
For example, all landscape districts could be consolidated into
Landscape Maintenance District No. 1. This option again brings up
the issue of equity. One can argue the landscape amenities in the
city benefit the entire community and therefore it is fair to assess
everyone in the city for these benefits. This is a well tested legal
doctrine which allows the City to incorporate the entire community
within a landscape assessment district. Many cities have followed
this approach. Staff and the City Attorney believe this could be
done in Rancho Cucamonga. However, the disparity of "current" costs
Detween the districts could be a problem. Incorporating all of the
districts into one (exclusive of areas not already in a district),
would lower costs for certain areas of the community while raising
costs for other areas. Currently there is enough disparity between
districts so consolidation would not result in the same low rate now
being paid in LMD 1 being applied to all districts. Those in LMD 1
would see increase in assessments, those in the other districts would
see a decrease.
The equity issue could be solved by creating one district with
several "zones ". The zones would acknowledge differences in
landscaping "density" and have different rates as needed. However
this approach would not be much different than the current
situation.
Another approach could be a City -wide district. All property within
the city limits would be included in a district including all
properties presently not in a district. As an example, approximately
75% of the property owners within the district boundaries of LMD 1
have never been annexed into the district. Having a large base would
help keep the costs down for all taxpaying residents. However,
future increases would affect the entire community. We expect a
CITY COUNCIL STAFF REPORT
ALTERNATIYES TO ASSESSMENT DISTRICTS
August 19, 1992
Page 3
City -wide district would reduce cost for all properties already in a
district. Obviously those not now in a district woul sea e a new
assessment.
assessment districts in the City with the costs for landscape
maintenance being borne by the City's General Fund or through some
other City -wide fee mechanism. The 92/93 cost for all landscape
maintenance districts is $4,820,000 (excluding PD 85). The City has
created outstanding visual amenities in the community through use of
landscaping. The financial concept to support these amenities was
the use of districts. The City's general fund was never intended to
support the landscape districts. At no time to the past or future
will the City's general fund be able to finance the landscape
districts even if the service level for all areas including parks is
drastically reduced.
more or less "walk
areas are eTWer dedicated -to —the City as right -of -way or owned by
the City in fee, the responsibilities for maintenance of some sort
for these areas would be with the City. Also the City would have to
face the issue of liability. Anything that would happen in these
landscape areas is still the responsibility of the City.
Since the parks and many of the paseos are owned in fee, these
parcels could be auctioned or sold off. There are however many legal
limitations and procedures on the disposal of park land. Each park
would have to be looked at separately to see how it was acquired.
In dealing with landscaped areas the City could simply cutoff the
irrigation, let the landscaping die, regrade the areas and plant
either minimal soil erosion material or pave the areas over with
either asphalt or concrete. The cost to pave the landscape areas
(not including parks) in LMD 2 with 3" of asphalt concrete would
roughly be $1,900,000. Even after this work there still would be
some level of maintenance required for street trees, etc. which would
have to be paid by the General Fund or a City -wide fee. Obviously
this option would result in the tremendous investment already in the
landscape assessment districts being wasted, and the beautiful
landscape amenities within the City would be lost or severely
reduced.
A survey of other cities is attached showing other communities
experience the same issues as Rancho Cucamonga. Ce•nerally other
cities are not operating differently than Rancho Cucamonga. In fact
with our newsletter we are doing more than other agencies in
providing information and seeking input from the public.
RG/WJO /JM:dlw
Attachments
SURVEY OF CITIES WITH LANDSCAPING
AND LIGHTING DISTRICTS
CITY DISTRICTS
City of Brea 4 - Landscape 2 - Lighting
City of Corona 1 City wide Landscape District
20 - zones
City of Fontana 2 - Landscape 2 - Lighting
City of La Verne 1 - City wide Landscape and Lighting
5 zones for landscaping
City of Ontario 3 - Landscape 1 - Lighting
City of Signal Hill 1 - Landscape
City of Walnut 1 - City wide Landscape and Lighting
12 zones
OPTION
1. Form Homeowners Association
2. Dissolve Districts
SUMMARY
ADVANTAGE
Homeowners control own destiny,
set levels of landscaping,
manage operation to their
liking.
City not responsible for day
to day service or costs.
Major reduction of costs in the
long term
DISADVANTAGES
Without full participation would be
unfair, needs homeowners to agree.
Needs management company.
Could cause problems for homeowners
not used to dealing with management
company.
Could result in degradation of land-
scaping.
City still would have some liability.
Could result in increased costs and
not solve current problems.
Maintenance and availability of parks
could be a problem.
High capital costs in the short term.
Loss of amenities.
Still need fee or general fund to
maintain minimal landscape and /or hard
surfaces.
Loss of investment in green areas.
If parks are included, major loss of
recreational facilities.
OPTION
3. Consolidate
4. City Take Over
ADVANTAGE
All residents participate in
paying for City wide amenities.
Spreads costs over a larger base
reducing costs for those now
in a district.
Eliminate assessment districts
and associated problems.
DISAUVANTAGES
Would assess residents not currently
assessed.
If implemented with zones, would be no
different than current situation.
General Fund was not intended to support
takeover.
Needs City wide fee system
RECOMMENDATION
It is recommended that, pursuant to General Specifications, City Council
reject all bids as non - responsive for the subject Capital Improvement
Project and approve the attached resolution authorizing the City Clerk to
readvertise the "Notice Inviting Bids."
BACKGROUND /ANALYSIS
Per previous City Council action the subject project was advertised and
bids were received and opened. The results were submitted to Caltrans
Local Assistance (F.A.U. administration) along with the required Reports
of Utilization of Disadvantaged Business (DB) and Woman -owned Business
Enterprises (WBE) with a request for approval to award the project to the
lowest responsible bidder. Caltrans will not approve award at this time
and has advised the City that the listed DBE, Manhole Adjusters, for the
three lowest bidders is not, according to Caltrans Civil Rights in
Sacramento, certified as a DBE for the proposed work. Manhole Adjusters
proposes to manufacture and supply the rubberized material for the
asphalt concrete.
According to Caltrans, Manhole Adjusters is certified as a DBE as
contractor to perform various types of construction but is not certified
as a manufacture and supplier. It is not appropriate for Manhole
Adjusters to propose to furnish and install the asphalt concrete because
the amount subcontracted would then exceed the 50% maximum to be
subcontracted. Therefore, it is recommended that all bids be rejected
and the project be readvertised without changes. It is possible that
Manhole Adjusters could become certified prior to the proposed bid
opening and /or the bidder could utilize DBE /WBE for other types of work
on the project.
U1 FY OH'EAN('H0CL;CADIONCIA
STAFF REPORT
DATE:
August 19, 1992
TO:
Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM:
William J. O'Neil, City Engineer
BY:
Monte Prescher, Public Works Engineer
SUBJECT:
RECOMMENDATION TO REJECT ALL BIDS AS NON - RESPONSIVE AND
AUTHORIZE THE READVERTISING OF THE ''NOTICE INVITING BIDS"
FOR THE HAVEN AVENUE REHABILITATION AND WIDENING FROM
FOURTH STREET TO FOOTHILL BOULEVARD, TO BE FUNDED FROM
SYSTEMS FUND, ACCOUNT NO. 22- 4637 -8936 AND FEDERAL AID
URBAN (F.A.U.) FUND, ACCOUNT NUMBER 24- 4637 -8838
RECOMMENDATION
It is recommended that, pursuant to General Specifications, City Council
reject all bids as non - responsive for the subject Capital Improvement
Project and approve the attached resolution authorizing the City Clerk to
readvertise the "Notice Inviting Bids."
BACKGROUND /ANALYSIS
Per previous City Council action the subject project was advertised and
bids were received and opened. The results were submitted to Caltrans
Local Assistance (F.A.U. administration) along with the required Reports
of Utilization of Disadvantaged Business (DB) and Woman -owned Business
Enterprises (WBE) with a request for approval to award the project to the
lowest responsible bidder. Caltrans will not approve award at this time
and has advised the City that the listed DBE, Manhole Adjusters, for the
three lowest bidders is not, according to Caltrans Civil Rights in
Sacramento, certified as a DBE for the proposed work. Manhole Adjusters
proposes to manufacture and supply the rubberized material for the
asphalt concrete.
According to Caltrans, Manhole Adjusters is certified as a DBE as
contractor to perform various types of construction but is not certified
as a manufacture and supplier. It is not appropriate for Manhole
Adjusters to propose to furnish and install the asphalt concrete because
the amount subcontracted would then exceed the 50% maximum to be
subcontracted. Therefore, it is recommended that all bids be rejected
and the project be readvertised without changes. It is possible that
Manhole Adjusters could become certified prior to the proposed bid
opening and /or the bidder could utilize DBE /WBE for other types of work
on the project.
CITY COUNCIL STAFF REPORT
HAVEN AVE. REHABILITATION & WIDENING
FROM 4TH ST. TO FOOTHILL BLVD.
August 19, 1992
Page 2
Legal advertising is scheduled for August 20 and August 27, 1992, with
the bid opening at 2:00 PM on Thursday, September 10, 1992
Respectfully submitted,
William J. J• O'Neil
City Engineer
WJO:MP:sd
.Attachment
RESOLUTION NO. ql� "
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"HAVEN AVENUE REHABILITATION AND WIDENING, FROM FOURTH
STREET TO FOOTHILL BOULEVARD ", IN SAID CITY AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to
construct certain improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City of Rancho Cucamonga be and are hereby approved as the
plans and specifications for "Haven Avenue Rehabilitation and Widening, from
Fourth Street to Foothill Boulevard ".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the Council of the City of Rancho
Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS
HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office
of the City Clerk in the offices of the City of Rancho Cucamonga, on or before
the hour of 2:00 o'clock P.M. on the 10th day of September 1992, sealed bids
or proposals for the "Haven Avenue Rehabilitation and Widening, from Fourth
Street to Foothill Boulevard" in said City.
Bids will be opened and publicly read immediately in the office of
the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730.
Bids must be made on a farm provided for the purpose, addressed to
the City of Rancho Cucamonga, California, marked, "Bid for Construction of
Haven Avenue Rehabilitation and Widening, from Fourth Street to Foothill
Boulevard."
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1
and 2, the Contractor is required to pay not less than the general prevailing
rate of per diem wages for work of a similar character in the locality in
which the public work is performed, and not less than the general prevailing
rate of per diem wages for holiday and overtime work. In that regard, the
CITY COUNCIL STAFF REPORT
HAVEN AVE. REHABILITATION & WIDENING
FROM FOURTH ST. TO FOOTHILL BLVD.
August 19, 1992
Page 2
Director of the Department of Industrial Relations of the State of California
is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the
office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center
Drive, upper level, Rancho Cucamonga, California, and are available to any
Interested party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Rancho
Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic
employed for each calendar day or portion thereof, if such laborer, workman,
or mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under the attached contract, by him
or by any subcontractor under him, in violation of the provisions of said
Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code
as amended by Chapter 971, Statutes of 1939, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6
of the Labor Code concerning the employment of apprentices by the Contractor
or any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one to five
except:
A. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to
the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
CITY COUNCIL STAFF REPORT
HAVEN AVE. REHABILITATION $ WIDENING
FROM FOURTH ST. TO FOOTHILL BLVD.
August 19, 1992
Page 3
The Contractor is required to make contributions to funds established
for the administration of apprenticeship programs if he employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if
other Contractors on the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and
other requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours as set forth in Division
2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California
as amended.
The Contractor shall forfeit, as a penalty to the City of Rancho
Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work hereinbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman
needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
This is a Federal Aid Urban (F.A.U.) project and includes goals for
Disadvantaged Business Enterprises participation. A prebid meeting to inform
DBEs and bidders of subcontracting and material supply opportunities is
scheduled for 2:00 PM, Tuesday, September 1, 1992, at City of Rancho Cucamonga
Civic Center, Engineering Division, 10500 Civic Center Drive, Rancho
Cucamonga.
The bidder must submit with his proposal cash, cashier's check,
certified check, or bidder's bond, payable to the City of Rancho Cucamonga for
an amount equal to at least ten percent (10 %) of the amount of said bid as a
guarantee that the bidder will enter into the proposed contract if the same is
awarded to him, and in event of failure to enter into such contract said cash,
cashier's check, certified check, or bond shall become the property of the
City of Rancho Cucamonga.
CITY COUNCIL STAFF REPORT
HAVEN AVE. REHABILITATION & WIDENING
FROM FOURTH ST. TO FOOTHILL BLVD.
August 19, 1992
Page 4
If the City of Rancho Cucamonga awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be applied by
the City of Rancho Cucamonga to the difference between the low bid and the
second lowest bid, and the surplus, if any, shall be returned to the lowest
bidder.
The amount of the bond to be given to secure a faithful performance
of the contract for said work shall be one hundred percent (100 %) of the
contract price thereof, and an additional bond in an amount equal to fifty
percent (50%) of the contract price for said work shall be given to secure the
payment of claims for any materials or supplies furnished for the performance
of the work contracted to be done by the Contractor, or any work or labor of
any kind done thereon, and the Contractor will also be required to furnish a
certificate that he carries compensation insurance covering his employees upon
work to be done under contract which may be entered into between him and the
said City of Rancho Cucamonga for the construction of said work.
No proposal will be considered from a Contractor whom a proposal form
has not been issued by the City of Rancho Cucamunga.
Contractor shall possess a Class "A" License (General Engineering
Contractor) in accordance with the provisions of the Contractor's License Law
(California Business and Professions Code, Section 7000 et. seq.) and rules
and regulations adopted pursuant thereto at the time this contract is awarded.
The work is to be done in accordance with the profiles, plans, and
specifications of the City of Rancho Cucamonga on file in the Office of the
City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies
of the plans and specifications, available at the office of the City Engineer,
will be furnished upon application to the City of Rancho Cucamonga and payment
of $35.00, said $35.00 is nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by payment
stipulated above, together with an additional nonreimbursable payment of
$15.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Rancho Cucamonga.
In accordance with the requirements of Section 902 of the General
Provisions, as set forth in the Plans and Specifications regarding the Mork
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substitute
authorized securities in lieu of monies withheld (performance retention).
The City of Rancho Cucamonga, California, reserves the right to reject
any and all bids.
CITY COUNCIL STAFF REPORT
HAVEN AVE. REHABILITATION 6 WIDENING
FROM FOURTH ST. TO FOOTHILL BLVD.
August 19, 1992
Page 5
By order of the Council of the City of Rancho Cucamonga, California.
Dated this day of , 19
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga,
California, this day of , 19
ATTEST:
Mayor
City cierk
ADVERTISE ON: AUGUST 20, 1992
AUGUST 27, 1992
DATE: August 19, 1992
TO: Chairman and Members of the Agency
Jack lam, A[CP, Executive Dixector
FROM: Jan Sutton, Assistant Secretary 'K,li':"
SUBJECT: ITEM D4 ON THE AUGUST 19, 1992 REDEVELOPMENT AGENCY AGENDA
This memo is to inform you that an incorrect resolution number was given for this item. The
number shown on your agenda, No. RA 92 -007, should be replaced by No. RA 92 -008.
Thank you.
CI Y 0" RANCHO CI:CAMONGA
MEMORANDUM
r-
i�
Date: August 19, 1992
I
To: City Council and City Manager
From: Wiliam J. O'Neil, City Engineer 6
By: Michael D. Long, Project Resident Engineer
Subject: STAFF REPORT FOR ADDENDUM N0, 1 CONSENT CALENDAR 1,
RECOMMENDATION TO REJECT ALL BIDS AS NON - RESPONSIVE
AND AUTHORIZE THE READVERTISING OF THE "NOTICE
INVITING BIDS" FOR THE HAVEN AVE. REHABILITATION AND
WIDENING FROM FOURTH STREET TO FOOTHILL BOULEVARD,
TO BE FUNDED FROM SYSTEMS FUND, ACCOUNTNO. 22- 4637 -8936
AND FEDERAL AID URBAN FUND, ACCOUNT 24- 4637 -8838
Stall' respectfully requests that the subject staff report be removed from action at
tonight's council meeting.
As discussed in the Background/Analysis section of the subject staff report it
appeared that the listed Disadvantaged Business (DB) material supplier, Manhole
Adjusters, had failed to meet the minimum requirements for DB compliance. As
a result of the failure to comply staff recommended that the bids be rejected as
non - responsive. Rejection of the bids is no longer necessary.
Beginning on August 3 and ending on the afternoon of August 19, Engineering
staff, Caltrans engineers, Silvia Construction (the prime contractor) and Manhole
Adjusters have worked together to resolve this problem. As a result of our
combined efforts DB certification has been received from the State Office of Civil
Rights for Manhole Adjusters to be used as a supplier for the Haven
Rehabilitation project. Based on this change in certification status, Caltrans has
also given their concurrence for award of the project to Silvia Construction.
A recommendation will be made to award the project, to the low bidder will be
made at the September 2 council meeting as previously planned.
CITY OF RANCHO CCCAJIONGA
STAFF REPORT
lr a DATE: August 19, 1992 TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Director
William J. O'Neil, City Engineer ..F
James Markman, City Attorney
SUBJECT: DISCUSSION ON ALTERNATIVES TO ASSESSMENT DISTRICTS
BACKGROUND /ANALYSIS
At the Council meeting on June 17, 1992, City Council requested staff
prepare alternatives to Landscape Assessment Districts. Staff, including
the City Attorney and the City's Assessment District Attorney have
reviewed this subject matter and can offer the following options. Park
Improvement District (PD - 85) is not considered in these options because
unlike other assessment districts, PD - 85 is an improvement district
formed by Council action and is financed with bonds that are the City's
obligation to retire. Street light districts are also not considered
since these facilities are in the public right -of -way, protect the health
and safety of the community and could not be "assigned" to a homeowners
or other group.
Options
o Dissolve existing landscape assessment di
aaov�i.tI vno. nniie cne uicy nttorney nas aavisea the city can not
orce res ents to form and participate in homeowners associations,
we could support voluntary homeowners association taking over the
landscape districts. In an assessment district the costs are spread
equitably in accordance to benefit. In a homeowners association
without full participation, this equity would not exist. Therefore
it is likely, unless some number of homeowners are willing to assume
the full obligation, the entire structure of the association would be
suspect and could be deemed as extremely unfair. In addition, legal
counsel has advised the City would still retain ownership of the
right -of -way for the parkways and medians and fee ownership of the
parks and paseos. This means the City would still be liable for the
health, safety and welfare of anyone who uses this land. Insurance
provisions of a homeowners group would help reduce the City's
exposure but not completely.
Also the question of parks becomes a problem. Currently parks are
open for use to anyone in the City. If a homeowners association
CITY COUNCIL STAFF REPORT
ALTERNATIVES TO ASSESSMENT DISTRICTS
August 19, 1992
Page 2
takes on the responsibility of park maintenance there may be problem;
determining the level of maintenance or availability of use. The
City would still have to oversee maintenance for liability reasons
and scheduling of activities.
The logistics of establishing a homeowners association would be
formidable. An association would have to be incorporated and employ
a management firm to run operations. Costs for insurance, management
firm, billing and other administrative duties could run as high as
30% of the cost of a district. In LMD 2, Victoria, this could be as
much as $500,000.00. This corresponds closely to what the City
expends for these items. Exact costs would depend on the size of the
district and the levels of services provided.
Consolidation or Cit Wide District. While the City has several
an scope ma n enance s r cis, would be possible to consolidate
all districts into one or a new City -wide district could be formed.
For example, all landscape districts could be consolidated into
Landscape Maintenance District No. 1. This option again brings up
the issue of equity. One can argue the landscape amenities in the
city benefit the entire community and therefore it is fair to assess
everyone in the city for these benefits. This is a well tested legal
doctrine which allows the City to incorporate the entire community
within a landscape assessment district. Many cities have followed
this approach. Staff and the City Attcrney believe this could be
done in Rancho Cucamonga. However, the disparity of "current" costs
between the districts could be a problem. Incorporating all of the
districts into one (exclusive of areas not already in a district),
would lower costs for certain areas of the community while raising
costs for other areas. Currently there is enough disparity between
districts so consolidation would not result in the same low rate now
being paid in LMD 1 being applied to all districts. Those in LMD 1
would see increase in assessments, those in the other districts would
see a decrease.
The equity issue could be solved by creating one district with
several 'zones ". The zones would acknowledge differences in
landscaping "density" and have different rates as needed. However
this approach would not be much different than the current
situation.
Another approach could be a City -wide district. All property within
the city limits would be included in a district including all
properties presently not in a district. As an example, approximately
75 of the property owners within the district boundaries of LMD 1
have never been annexed into the district. Having a large base would
help keep the costs down for all taxpaying residents. However,
future increases would affect the entire community. We expect a
CITY COUNCIL STAFF REPORT
ALTERNATIVES TO ASSESSMENT DISTRICTS
August 19, 1992
Page 3
City -wide district would reduce cost for all properties already in a
district. Obviously those not now in a district woul s sew
assessment.
City assumes responsibility for the 1
assessment districts in the City with the costs for landscape
maintenance being borne by the City's General Fund or through some
other City -wide fee mechanism. The 92/93 cost for all landscape
maintenance districts is $4,820,000 (excluding PD 85). The City has
created outstanding visual amenities in the community through use of
landscaping. The financial concept to support these amenities was
the use of districts. The City's general fund was never intended to
support the landscape districts. At no time in the past or future
will the City's general fund be able to finance the landscape
districts even if the service level for all areas including parks 1s
drastically reduced.
The Cit to sim 1 dissolve the districts and more or less "walk
away rom a an scale arw. untortunately because the an scape
areas are a er a cam ated to the City as right -of -way or owned by
the City in fee, the responsibilities for maintenance of some sort
for these areas would be with the City. Also the City would have to
face the issue of liability. Anything that would happen in these
landscape areas is still the responsibility of the City.
Since the parks and many of the paseos are owned in fee, these
parcels could be auctioned or sold off. There are however many legal
limitations and procedures on the disposal of park land. Each park
would have to be looked at separately to see how It was acquired.
In dealing with landscaped areas the City could simply cutoff the
irrigation, let the landscaping die, regrade the areas and plant
either minimal soil erosion material or pave the areas over with
either asphalt or concrete. The cost to pave the landscape areas
(not including parks) in LMD 2 with 3" of asphalt concrete would
roughly be $7,900,000. Even after this work there still would be
some level of maintenance required for street trees, etc. which would
have to be paid by the General Fund or a City -wide fee. Obviously
this option would result in the tremendous investment already in the
landscape assessment districts being wasted, and the beautiful
landscape amenities within the City would be lost or severely
reduced.
A survey of other cities is attached showing other communities
experience the same issues as Rancho Cucamonga. Generally other
cities are not operating differently than Rancho Cucamonga. In fact
with our newsletter we are doing more than other agencies in
providing information and seeking input from the public.
RG/WJO /JM:dlw
Attachments
SURVEY OF CITIES WITH LANDSCAPING
AND LIGHTING DISTRICTS
CITY DISTRICTS
City of Brea 4 - Landscape 2 - Lighting
City of Corona 1 City wide Landscape District
20 - zones
City of Fontana 2 - Landscape 2 - Lighting
City of La Verne 1 - City wide Landscape and Lighting
5 zones for landscaping
City of Ontario 3 - Landscape 1 - Lighting
City of Signal Hill 1 - Landscape
City of Walnut i - City wide Landscape and Lighting
12 zones
OPTION
1. Form Homeowners Association
2. Dissolve Districts
SUMMARY
ADVANTAGE
Homeowners control own destiny,
set levels of landscaping,
manage operation to their
liking.
City not responsible for day
to day service or costs.
Major reduction of costs in the
long term
DISADVANTAGES
Without full participation would be
unfair, needs homeowners to agree.
Needs management company.
Could cause problems for homeowners
not used to dealing with management
company.
Could result in degradation of land-
scaping_
City still would have some liability.
Could result in increased costs and
not solve current problems.
Maintenance and availability of parks
could be a problem.
High capital costs in the short term.
Loss of amenities.
Still need fee or general fond to
maintain minimal landscape and /or hard
surfaces.
Loss of investment in green areas.
If parks are Included, major loss of
recreational facilities.
OPTION
3. Consolidate
4. City Take Over
ADVANTAGE
All residents participate in
paying for City wide amenities.
Spreads costs over a larger base
reducing costs for those now
in a district.
Eliminate assessment districts
and associated problems.
DISADVANTAGES
Mould assess residents not currently
assessed.
If implemented with zones, would be no
different than current situation.
General Fund was not intended to support
takeover.
Needs City wide fee system
YELLOW CAB CO.
140c EAST MISSION eCULEV \co
POMONA. CALIFORNIA S1766
(7141622- 1313•(714)9GS -1136
August 10, 1992
Io the Honorable Mayor and
City Council Members
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CP. 91730
Honorable Mayor and Members of the City Council:
The taxicab is a very small but important element in the economic
and transportation vitality of a city. Taxicabs provide
immediate and flexible mobility daily to transit dependent
people. Furthermore, taxicabs and their drivers are the initial
goodwill ambassadors for some visitors. Due to the limited and
Small taxi market, cities should encourage, support and protect a
safe, responsible and effective taxicab company. city government
cooperation is necessary if a taxicab company is to remain
profitable yet operate within enforceable standards for
responsibility, safety and effectiveness, 24 hours per day, seven
(7) days per week. The regulation or lack of taxicab regulation
has a profound and complex effect on the type and quality of
service provided. Taxicab public utility ordinances were
designed and implemented to guarantee availability, safety and
pricing equity for the riding public.
please do not underestimate the importance of the facts that the
city has had no complaints or police problems with taxicab
service. This is not accidental or merely good luck. This
resulted due to Yellow Cab Co.'s dedication to delivery of
quality, resnonsi.ve, responsible, safe service, 24 hour per day,
seven (7) days per week. This is only accomplished by continual,
intense, serious management effort and commitment to the public
need and necessity. Rancho Cucamonga has been receiving the
benefits of responsible city ordinances enacted and supported by
Ontario and Upland. Without this city support we would not be a
fu11 service taxi company today, in Rancho Cucamonga or anywhere
c..,_.
GS -RanCuC8' 92
City of Rancho Cucamonga
August 10, 1992
-age 2
Taxicabs are unique and not like any other enterprise in Rancho
Cucamonga, however the closest analogy would be. or, ambulance
service. The taxicab business has peculiar problems that, if not
handled properly, can cause extreme hardship on ail those who
rely on the transportation, those who regulate it as well as the
tax.'..cab companies, their drivers and employees.
The San Bernardino county taxi ordinance was not designed to
control or regulate delivery of taxi service. Its only function
was to fingerprint and screen drivers and owners operating in
unincorporated areas to stop criminal violence. This ordinance
does not address any public need or necessity issues. This
ordinance will not give Rancho Cucamonga any city control or
service guarantee to taxi users. (Exhibit #1 is an updated
taxicab and paratransit model ordinance for your consideration.)
Taxicab companies are high risk investments with constant cash
flow requirements. There have been many city, state and federal
taxi industry studies and analyses over the years. The reason
for the federal and state interest and study was to try and avoid
the demise of this industry as in the case of private city bus
operators. The government recognizes this valuable resource
should be saved. Rancho Cucamonga has a proper and legal role in
regulating entry to control wasteful duplication and destructive
competition.
As you know we are currently servicing the City of Rancho
Cucamonga 24 hours a day, seven (7) days a week, with an
unsubsidized taxi service and have done so for 25 years. On
behslt of our company, drivers and employees, I respectfully
request that. you adopt a comprehensive taxi ordinance so that
Rancho Cucamonga can control service standards, 24 hours per day,
seven (7) days per week, responsiveness and accountability to
ensure a viable taxicab and paratransit environment now and in
the future. We now have some economies of scale which enable us
to provide round -the -clock service. If we are to survive, we
must increase fleet, productivity. Dividing it will be very
counter productive for the user, city, public transportation, our
drivers, employees and our company, Allowing unwarranted
competition will not service the citizens of Rancho Cucamonga,
public convenience and necessity or long term interest. When a
transportation decision is made the facts must become known as to
who will be helped, who or what may be hurt, what it will cost
and who will. have Lo pay for it.
GS- Ranruc El.92
City of Panch.; Cucamonga
August 10, 1992
Page 3
The system should be efficient, desirable and support the social,
economic and environmental goals. Policies implemented without
Prudence will be disruptive. Sometimes things may have to be
sacrificed in one area to achieve benefits in another, sacrifices
and trade -off must be made in a well-informed way.
Over the years the taxi. business has steadily been changing like
other parts of our society. Taxi service delivery has also
become more complex, expensive and more delicately balanced.
Equipment has become increasingly expensive, acquiring qualified
labor at loner cost is more difficult, time consuming and
expensive, record keeping required by federal, state and local
government is more voluminous, more costly to assimilate
accurately and store. Insurance costs for liability and workers
compensation has escalated beyond any reasonable degree, now
consuming almost 242 of our company revenue and forecasted to
increase even more. (Exhibit #2)
The reason there are taxicab ordinance regulations in over 882 of
the United States cities, is that these cities recognize that
major improvements could not be realized under the then prevalent
conditions of. unbridled competition, uncertainty of tenure and
underfinanced establishments. The city ordinances eliminated
unsatisfactory operations, encouraged merger of competitors and
promoted investment in new and larger enterprises. As necessary
inducements, the public convenience ordinance gives assurance of
city support to satisfactory taxi operators granting them the
first opportunity to provide additional service if required, or
limited time to correct service defects, if any.
These ordinances and procedures have been attacked many times
from sources inside and outside the government, but with the
support of the public and responsible government leaders, this
,nethod of regulation has been defended successfully as being in
the public interest. Because of a taxicab's visibility, some
people easily gain the impression that taxi's reap a golden
harvest. on the contrary, taxi operations are more apt to be
marginal due to the peaks and valleys in the time of day and days
of the month and providing service 24 hours per day, 365 days per
year. So what may appear to be a lucrative free-wheeling
monopoly terns out, on closer examination, to be rather a
severely restricted and conditional preferential right which is
both an obligation and a privilege.
GS- RanCUC8.9J
City of Rancho Cucamonga
August 10, 1997
The State of California Government Code, Ser_tion 53075 sets
for�h that every City or County shall adopt ordinances or cedes
establish_ng an entry policy and rates for taxicab operations.
it is the policy of the State to promote and /or provide safe and
reliable privately operated taxicab services as an essential
government service. The legislative intent of the code for
taxicab operations is ORDERLY regulation and ECONOMIC VIABILITY
AND STABILITY of privately operated taxicab service as the
essential requirements. The City of Rancho Cucamonga has the
rieht and obligation to set forth aspects relating to taxicab
operations for meter rates, liability insurance levels, workers's
compensation insurance, hours of operation, color, vehicles,
meter certi."cations, etc. including but not limited to need and
necessity and entry requirements.
The premise of unwarranted entry sounds good but there is much
trouble when iL is carried out. It seems like a lice simple
answer to a very complex problem and in today's real world,
unfortunately, there seems to be few simple answers to our
complex and varied problems. It's nice to say but not very
realistic.
And, finally, the governmental competition in transportation is
becoming very intense and by every indication will increase at a
greater and faster rate in the near future. In San Bernardino
County at least 80 different transportation programs have been
identified by SANBAG in addition to Omnitrans. The April 1376
Elderly and Handicapped Regulations require all UMTA grantees to
develop plans to meet the special transportation needs of these
persons. Since many of these people require door -to -door
service, parntransi.t is a necessary consideration.
Yellow Cab Co. respectfully submits the following additional
exhibits for your general information regarding taxicab
cinsiuerat.i.ons for ;;he City;
Exhi.bi.t 93 " Why Should the City ee Interested in Taxi Issues ? ".
These 17 issues are not all inclusive and some need additional
explanat.i.on for more clarity. However, these convey some of the
major city and users' concerns, cause and effects and taxi
company Itrplir9t]ons.
Exhibit. AA "Taxicab Regulation and the Antitrust Laws" by Arthur
i,. Horold, the Legal. counsel for the international Taxicab and
Livery Associat.i.on. Senate Bill No. 949 added Section 57075 to
the government code, requiring and authorizing California cities
to rrqulate taxicabs without antitrust liability. 88% of the
Cities in the united States of America regulate taxicabs by city
ordtn,lnce.
G:; Han r7u c8.97
City of Rancho Cucamonga
August 10, 1992
Pace 5
Exhibit #5 "What Constitutes Public Convenience and Necessity ".
Most taxi ordinances when adopted did not define this because
there were so many complaints, Junky cabs, poor service, low
caliber and undesirable drivers, law enforcement problems, lack
of responsibility by drivers and lack of accountability by
companies that were poorly managed, etc. that the reason for
public convenience and necessity clauses were clear to them. The
adopted City ordinances cured these problems and the City
administration apparently believed that history would be
remembered.
Exhibit #E is historical information about the San Bernardino
County Ordinance.
Exhibit 47 is a schedule of taxicab trip samplings by the hour,
day and week including ridership statistics as recorded by our
dispatchers and telephonists. This schedule shows the current
taxi trip demand for the City of Rancho Cucamonga.
Exhibit #B "Environmental Considerations ". Clearly, this
geographic area does not need any duplicate and unnecessary
taxicabs on the streets and roads adding traffic congestion and
increasing exhaust fumes.
Your review of the attached documents in regard to taxicab
considerations will be greatly appreciated. Please do not
hesitate to contact me if you have any questions, or need further
information.
Sincerely,
Gene R. Stalians
President
GS:va
E.nc,osure:
GS- RancuC8.92
EXHIBIT # 1 (Page 1 of 51)
YELLOW CAB CO.
14 (DO EAST MISSION 6OULE VARO
P MAN4 C LIPQRNIA 91765
(714)622-1313•(714)966 -1139
A MODEL ORDINANCE ON PARATRANSIT SERVICES
PRESENTED BY
GENE STALIANS
PRESIDENT
DIVERSIFIED PARATRANSIT, INC.
DBA YELLOW CAB CO.
1400 E. MISSION BLVD.
POMONA, CA 91766
(714) 622 -1316
AUGUST, 1992
CONTENTS
FOREWARD ............ ...............................
.i
1.
Purview of Chapter .............................
1
2.
Definitions ..... ...............................
1
3.
use of Certificate to Commence Within
Six Months ...... ...............................
5
3.1 Certificate ............................
5
3.2 Issuance ...............................
9
3.3 Form .... ...............................
9
3.4 Determination of Public Convenience
and Necessity ..........................
10
3.5 Denial of Certificate ..................
12
3.6 Revocation or Suspension of Certificate
13
3.7 Certificate of Transfer ................
15
4.
Taximeter ....... ...............................
16
5.
Rates ........... ...............................
17
6.
Application for Rate Adjustments ...............
19
7,
Color Scheme and insignia. .....................
20
8.
Taxi Stands ..... ...............................
22
9.
Vehicle Maintenance ............................
24
10.
Vehicle Identification Number ..................
28
11.
Public Vehicle Driver's Permit .................
28
12.
Denial ......... ...............................
30
13.
Issuance of Public Vehicle Driver's Permit...,.
31
14.
Permit Renewal .. ...............................
32
15.
Surrender, Suspension, Revocation of Public
Vehicle Driver's Permit ........................
32
16.
Fees ............ ...............................
34
17.
Records Required ... ...........................
35
CONTENTS (continued)
18. Appeal Procedure ............................... 39
19. Leasing or Renting ............................. 40
20. Driver - Owners ... ............................... 42
21. Regulations During Suspension Period........... 44
22. City (County) Held Harmless .................... 45
23. Operation of Paratransit Service Vehicles...... 45
FOREWARD
The transportation concept generally referred to as
paratransit is receiving increased attention as an alternative to
changes in transportation demand. The Federal Transportation
Administration (FTA) defines paratransit services to mean those
modes of transportation that range from the totally user -
responsive private automobile and the regularly scheduled and
routed mass transit bus and rail systems. Such paratransit
services include jitney, dial -a -ride, shared -ride, taxi, van
pool, subscription bus service or any other transportation
service that falls under this definition.
The paratransit concept is gaining prominence because of
energy conservation attitudes, dispersed development patterns and
the unmet transportation needs of the elderly, the handicapped,
the unemployed students, suburban residents, and one -car
families. The high capital requirements and operating cost of
public transit make it financially difficult to expand transit
services to meet the needs of the handicapped or suburban
residents who may require a short distance haul to suburban
shopping centers or local supermarkets. Paratransit services, if
properly implemented, provide this personalized service at a very
low cost.
i
With its sprawling urban centers and poorly serviced rural
areas, California needs a mixture of conventional transit and
paratransit services.
This project was initiated to promote and encourage
paratransit services in California. One of the oldest
paratransit modes is the taxicab. In the preparation of this
model ordinance, over 70 California and out -of state taxi
ordinances were reviewed to determine to what extent the current
regulatory structure provides for paratransit services other than
taxis. It soon became apparent that the majority of taxi
regulations in California are the product of historical
development fraught with obsolete concepts, duplications, and
voids,
This document was 'crevared in order to a) provide model
language for local ordinances to authorize the implementation of
paratransit services, b) provide local jurisdictions with a
flexible document which can be used either in its present form or
be tailored to meet local needs, and c) update and streamline
existing ordinances to reflect the changing transportation needs
of the public,
ii
Some of the innovations proposed by this document are;
1) the leasing of vehicles by vehicle operators,
2) contracting by vehicle operators for the operation of
vehicles by driver - owners,
3) the elimination of specified vehicle seatina
capacity,
4) the implementation of jitney, shared -ride, and dial -a
ride services,
5) the implementation of other transportation services
as defined by this model ordinance,
6) the implementation of a zone fare system, and
7) the centralized issuance of public vehicle drivers'
permits.
This document was Prepared in cooperation with the California
Department of Transportation the California Supervisors
Association and the League of California Cities. Major
contributors to the content and substance of this document were
Roberta Remak, Consultant; Elwyn Johnson, Modesto City Attorney;
Ritchie Gaylen, taxi owner; Charles E. Zell, California
Department of Transportation; Thomas Higgins, Consultant; and
Edward Buckner, Sutter County Counsel. Valuable assistance was
also provided by Ron Hollis, California Department. of
Transportation; C.J, "Pete" Fielding, University of California,
Irvine; and Wilbur J. Elias, California Department of
Transportation,
iii
1. Purview of Chapter
No person, as defined herein, who engages in the business of
providing paratransit services shall do so without first having
complied with the conditions and regulations of this chapter.
2. Definitions
Paratransit services include, but are not limited to taxi,
jitney, dial -a -ride, shared -ride and other transportation
services for which a fee is charged and which do not involve
self- driving. 1
Demand responsive services are those paratransit services
characterized by flexible routing and scheduling which are
modified to meet the specific travel needs of users.
Taxi service means any public passenger transportation
service available for hire on call or demand over the public
streets of the city (county) , in a vehicle of distinctive color
and /or insignia, operated by a driver licensed hereunder, and
which may be equipped with a taximeter. Such service shall not
be provided over a defined route but between such points and over
such routes as may be directed by the passenger or person hiring
the same, and irrespective of whether the operations extend
IAlthough the Federal Transportation Administration includes in
the paratransit definition daily and short -term rental cars,
carpools, etc., this document is concerned only with those
transportation services which do not involve self - driving.
Specifically, the definition of paratransit services as used
herein refers to taxi, jitney, dial -a -ride, and shared -ride
services, or any other transportation service falling under the
definition as provided above.
1
beyond the boundary of the city (county).
Premium taxi service means exclusive use of a taxi by one
passenger at a time, with the time of pickup and origin and
destination points specified by the passenger.
Shared taxi service means nonexclusive use of a taxi vehicle
by two or more passengers traveling between different origin and
destination, points.
Group ride means shared use of a vehicle where all of the
Passengers enter at the same point of origin and disembark at the
same destination either on call or by prearrangement and pay a
single fare for the trip.
Jitney service means shared use of a vehicle traveling along
a fixed or semi -fixed route for a flat fare, making stops to load
and unload along the route in response to demand.
Dial- a -ride service means shared use of a licensed vehicle
dispatched upon telephone request to pick up passengers at
specific locations for a flat fare.
Owner means any person, firm, corporation or other form of
business organization having proprietary control of, or right to,
proprietary control of any vehicle engaged in the business of
Providing paratransit services, as defined herein.
Driver means any person who operates a vehicle licensed
hereunder whether as agent, employee or otherwise, of an owner,
E
as an owner, or under the direction of an owner as defined
herein.
Lessee means any person who enters into an approved lease as
defined herein..
Person„ as used herein, includes both singular and plural,
and shall mean and include any individual, firm, corporation.,
association, partnership, or society, exclusive of public
agencies.
Association means any group of two or more owners, as defined
herein, operating vehicles licensed 'hereunder not under common
ownership, but under unified control, and a common trade name and
having a common uniform color scheme. It shall also include a
group of owners operating under a common trade name and having a
common uniform color scheme.
Taxi means any vehicle of distinctive color and /or insignia
which provides taxi service (and is equipped with a
taximeter).Z
Taximeter means any instrument or device in a vehicle which
registers and calculates at predetermined rates the charge for
hire of such vehicle in dollars and cents in accordance with the
distance travelled and /or time elapsed and in accordance with any
other charges as provided by the laws and resolutions of the city
(county).
2 The phrase in parenthesis should not be used by jurisdictions
which elect to charge a rate based on zones.
3
Taxi stand means anv portion of a street designated for the
exclusive use of taxis while waiting for employment.
Cruise or cruising means the movement over the public streets
of a city (county) of a taxi or taxis, not at the time actually
transporting a passenger for hire or parcel for hire, by the
driver thereof, in search of, or solicitation of prospective
passengers; except, however, such taxis proceeding to answer a
call for taxi service from an intending passenger, and taxis
returning to the nearest authorized taxi stand or company garage
by the most direct route, after having discharged a passenger or
passengers.
Waiting time shall mean and include time spent while a taxi
is waiting and available to a passenger beginning three minutes
after the time of arrival at the place to which it has been
called and time spent at the special instance and request of a
passenger after such passenger has first engaged and entered a
taxi to make a trip. No time shall be charged for premature
response to a call or for time lost on account of delays caused
by the inefficiency of the taxi or its driver.
Manifest means a daily record prepared by a taxi driver of
all paid and non-paid trips.
Certificate means a certificate of public convenience and
necessity.
51
Fublic convenience and necessity means a determination by the
City Council (County) that there is a need for licensed vehicles
providing paratransit services to operate within the city
(county) in order to serve promptly, safely, adequately, and
efficiently the transportation needs of the public.
? Use of Certificate to Commence Within Six Months
if a certificate of public convenience and necessity is
granted to an applicant and said applicant fails to commence
operation of the transportation service for which the certificate
was granted within six months after receipt of the notification
granting the certificate, then the certificate shall be null and
void.
3.1 Certifi.cate
3.1.1 7t shall be unlawful to operate any paratransit
service within the city (county) without first having obtained a
certificate of public convenience and necessity from the City
Council (County). Certificates already issued for the present
license period at the effective date of this ordinance are valid
as though issued hereunder for said license period. 3
3.1.2 Any applicant or such applicant's authorized agent
applying Lo the City Council for a certificate for the
3 Any local government which allows the operation of taxis in
the absence of any taxi ordinance, may consider allowing
existing operators to comply with the provisions of this
ordinance within a specified period of time, for example,
twelve months.
5
operation of one or more vehicles shall file with the City Clerk
(County) a sworn application therefor on forms nrovided by the
City Clerk (County) stating the followings
i) The full name and the home and business address of
the applicant or, if the applicant be a corporation, a certified
copy of the articles for incorporation, the names and home and
business addresses of all officers, directors, and stockholders
owning or controlling 208 or more of the stock of such
corporation and the percentage of ownership of each of said
stockholders.
2) The trade name, if any, and the telephone number
under which the applicant does or proposes to do business.
3) The financial status and responsibility of the
applicant, including evidence of such applicant's ability to
acquire and maintain the vehicles for which authority is sought.
4) Evidence of insurance.4
5) The number of vehicles actually owned and /or the
number of vehicles proposed to be operated by the applicant on
the date of appli.cation.
6) The seating capacity and design of the vehicle(s) and
the registered and legal owner of each and ever; vehicle.
4 Minimum insurance standards for such tranuportation services
are specified in the California Vehicle Code, Section 16500.
Provisions are made in the same code, Section 16501, for any
local jurisdiction to adopt insurance levels other than those
specified. Specific liability insurance rates over and above
the specified state minimum levels should be set by
individual jurisdictions to meet each area's needs. The
locally adopted insurance levels should then be added to the
body of this document.
9
7) The cha;-acter and location of maintenance and
administrative facilities to be used, if any.
8) A description of the communications systems to be
Used.
9) A description of services to be rendered, and hours
of operation.
10) A statement of such applicant's willingness to
maintain a driver's daily manifest.
11) Any previous denial, revocation or suspension by any
public agency in the State of California of a certificate, held
by the applicant or any person, as defined herein, having a
financial interest in the applicant's proposed business. Such
information shall also state the cause for such action.
12. The brand name(s), model number (s) and other
identifying information showing the types of taximeters to be
used.
13) The specific experience of the applicant in the
transportation of passengers for hire.
14) Facts or circumstances upon which the applicant bases
any opinion that public convenience and necessity requires the
approval of the application, which may include such applicant's
assessment of public convenience and necessity as defined in
subsection 3.4.1 of this chapter.
15) The applicant's schedule of requested rates.
7
16) A proposed color scheme and /or insignia, (and cruise
light desi.gn)5 which shall conform to regulations issued by the
City Council (County) and which shall be unique and easily
distinguishable from previously approved color schemes and /or
insignia.
17) Anv other pertinent information the City Council
(County) may require.6
18) Any additional information that the applicant wishes
to submit in support of the application.?
5 The cruise light design requirement is applicable only to
taxis and those jurisdictions which require taxis to be
equipped with such design.
6 This information may include route designation for jitneys,
transportation service area for dial -a -ride, and zone map for
zone fare structures.
7 This ordinance does not include any provisions for
certificate reapplication procedures of existing certificate
holders. Provisions specifying suspension or revocation
conditions and procedures provide ample opportunity to
evaluate the quality of service offered by existing
certificate holders.
8
3 2 Issuance
3.2.1 After consideration of the factors prescribed in this
chapter, the City Council (County) may grant a certificate for
the number of vehicles applied for, or for a lesser number than
that requested or may refuse to issue a certificate. If the
application is refused, the unsuccessful applicant shall be
notified within 10 days from the date of refusal by certified
ma-,!, directed to the address shown, on the application. Other
parties who have requested notification shall be given notice in
writing forwarded by regular United States mail. The applicant
or such applicant's agent may not reapply for a certificate for
at least one calendar year from the date of refusal, unless
approval was denied without prejudice.
3.3 Form.
3.3.1 The certificate of public convenience and necessity
shall state the following:
1) Tlie name and address of the certificate- holder and
the trade name of the certificate- holder, if any.
2) The number of vehicles the operation of which is
authorized by the certificate.
3) The date of issuance (and date of expiration).8
8 'Phis information may not be necessary, since no reapplication
procedures for existing certificate holders are contained in
this document.
9
4) The fact that the certificate is being issued subject
to the provisions of this chapter and all other laws and
ordinances governing the operation of such vehicles.
5) The type of service licensed.
3.3.2 Every certificate issued shall be valid from the date
of issuance (until the date of expiration9) or until
surrendered, revoked or suspended as provided herein.
3.4 Determination of Public Convenience and Necessity
3.4.1 The City Council (County) shall determine whether
public convenience and necessity require the operation of the
vehicles and the service proposed in the application. In making
this determination, the following shall be considered:
1) The adequacy of existing paratransit services, as
determined by the minimum levels of service specified by the City
Council (County).
2) Traffic and parking conditions.
3) The population density and socio- economic
characteristics in the proposed area of operation.
4) Type and frequency of transportation service needed
in the proposed area of operation.
5) Existing public transportation patterns, schedules
and service levels and the impact of the application upon such
service.
9 See footnote 8.
10
o) The probable permanence and quality of the services
offered by the applicant.
7) The character of paratransit service proposed by the
applicant_ as demonstrated by: the proposed use, if any, of a
radio communications system, the proposed use of terminals (and
private and public taxi standsIO). The time of day and night
when service is to be offered, and the proposed number and
character of vehicles.
8) The financial status, character, and responsibility
of the applicant as demonstrated by: the applicant's ability to
provide, maintain and operate the number of vehicles proposed to
be operated in accordance with the character of service proposed
in the application, the applicant's criminal and driving record,
as well as credit record, if any, and evidence of liability
insurance.
9) The experience of the applicant in paratransit
service operations as an owner or manager or as a taxi driver,
not to the exclusion of new, small businesses. Fart -time owner
operated businesses shall be permitted, as shall leased taxis,
provided all other conditions herein are met.
10) The proposed color scheme and /or insignia to be used
on the vehicles.
10 This information may not be necessary where taxi stand
provisions are not adopted by the local regulatory
authority.
11
3.4.2 In making a determination of public convenience and
necessity, the City Council (County) may request assistance from
any public agency or official.
3.4.3 Upon receipt of an application for a certificate and
prior to making a determination of public convenience and
necessity, the City Council (County) shall notify each holder of
an existing certificate that an application for a certificate has
been filed. The holder of an existing certificate may submit an
opinion about the application in writing within twenty (20) days
of the date of notification. Upon showing of demand by
certificate - holders or the general public, a public hearing may
be held by the City Council (County) on the application.
3.5 Denial of Certificate
A prospective applicant for a certificate of public
convenience and necessity shall be denied the certificate for any
of the following reasons:
1) Failure to fulfill requirements as prescribed in
subsection 3.1.2.
2) Failure to demonstrate that public convenience and
necessity requires additional transportation services.
3) Conviction of a felony or violation of any narcotics
law, or of any law involving moral turpitude within five (5)
years preceding the date of the application.
12
3_6 Revocation or Suspension of Certif icatell
3.6.1 Certificates of public convenience and necessity may
be suspended for a period of one to thirty days or revoked by the
City Council (County) for any of the following reasons:
1) Failure to maintain insurance as required.
2) Failure to notify the City (County) ten (30) days
prior to the effective date of liability insurance cancellation
and /or change of insurer.
3) Failure to maintain vehicles in good order and repair
as prescribed herein.
5) False statements on an application for a certificate.
5) Failure to pay any fees or damages lawfully assessed
upon the ownership or operation of any veheicle licensed under
this chapter.
6) Failure to maintain driver's daily manifests or
falsifying such manifests.
7) Operation at rates other than those approved by the
City Council (County).
8) Repeated and persistent violations by the
certificate - holder or such certificate holder's drivers of the
traffic laws of the city, county, state.
11 In a rural area where the continuation of an existing
paratransit transportation service may be vital to
the residents of that area, alternative penalty
provisions may be instituted rather than suspension
of operations.
13
9) Violation of any of the provisions of this chapter.
10; Failure to operate for seven (7) consecutive days
without prior approval by the City Council (County).
111 Knowingly maintain any taximeter at charges other
than those approved hereby.12
3.6.2 Certificates which shall have been suspended by the
City (County) Shall forthwith be surrendered to the City (County)
for a period covering the term of suspension. The City (County)
shall return the certificate to its holder immediately after
termination of the suspension period.
3.6.3 Certificates which shall have been revoked by the
City (County) shall forthwith be surrendered to the City
(County). The holder of the revoked certificate for one calendar
year commencing from the date of revocation.
3.6.4 The City (County) shall notify in writing and by
certified mail, any certificate- holder whose certificate has been
suspended or revoked. Such notice shall state any and all
reasons for such action as well as all laws or regulations
violated by the certificate - holder.
12 Local jurisdictions may wish to consider additional
reasons whose violation may warrant certificate
suspension or revocation.
14
3.7 Certificate Transfer
3.7,1 Certificates of public convenience and necessity may
be transferred subject to the following conditions and upon
approval by the City Council (County).
3.7.2 A certificate - holder desiring to transfer such
certificate must first notify the City (County) of such intention
to transfer same, submitting detailed and itemized information as
to the assets to be transferred, whether the transfer is of all
the certificate or part of it and if part of it, what part.
3.7.3 The prospective purchaser of the certificate shall
have the burden of establishing the desirability in the public
interest of the transfer, and shall promptly respond to any
requests for additional information or proof by the City Council
(County),
3.7.4 The City Council (County) may approve or deny the
request for transfer. Before granting a request or application
for transfer, the City Council (County) shall make an affirmative
finding that the proposed transfer is in the public interest in
accordance with Section 3.4, and a similar finding relative to
the prospective purchaser's qualifications in accordance with
Section 3.1. In the absence of such a finding, the City Council
(County) shall notify the applicant that the request for transfer
has been denied.
3.7.5 Transfer of control of a corporation, partnership, or
by an individual holding a certificate, either de facto or de
lure is prohibited without prior approval of the City Council
(County). To effect transfer of such control, the prospective
15
controlling party shall notify the City (County) in writing of
the intention to acquire control, submitting all relevant
information as to the method by which control is to be
transferred and indicating whether control will be de facto or de
ure.
3.7.6 In cases of death, sickness or unusual circumstances,
the City (County) may authorize the continued operation of an
existing certificate for a reasonable time.
4. Taximeter
4.1 This subsection shall not apply to taxis operating
under a zone fare system13 and not making use of a taximeter
nor to metered taxis which post an "off- duty" sign, clearly
marked and visible and which are bona fide off duty.
4.2 It shall be unlawful for any person to operate or to
cause a taxi to be operated for hire or to accept any passenger
for hire or to carry any paying passenger unless such vehicle
shall be equipped with a taximeter, approved by the Director of
the Department of Agriculture, as authorized under Section 12107
of the California Business and Professions Code and any other law
or regulation granting such authority. Such taximeter shall be
in operation at all times while any such person other than the
driver /operator is riding therein.
4.3 It shall be the duty of every owner operating a taxi
to keep such taximeter in proper condition so that said
13 The zone fare system is an alternative taxi rate
system used to calculate premiwm taxi service charges
on the basis of geographic zones instead of miles
travelled.
16
taximeter shall, at all times, indicate correctly and accurately
the correct charge for the distance travelled and /or waiting
time.
4.4 Every person, as defined herein, using a taximeter
shall comply with the provisions of the California Administrative
Code, Title 4, Articles 1, 1.5, and 20, and Chapter 5 of the
California Business and Professions Code.
5. Rates
5.1 The City Council (County) shall determine the rates
to be charged for vehicles licensed herein and hear all
applications for rate adjustments.
S.2 It shall be unlawful to charge for any paratransit
service, as defined herein, rates other than those established by
resolution from time to time by the City (County).14
14 Because rates will fluctuate from time to time due to
economic factors, no specific reference to a rate or fare
structure is made in this document. The local rate
regulating authority can adopt by resolution appropriate
rate or fare levels as economic conditions dictate. For
premium taxi service there are several rate setting
considerations. The following list enumerates all
possible charges for the rendering of premium taxi
service. Individual jurisdictions may select from this
list those charges that are applicable or preferable to
their needs.
1) mile
a. initial charge
b. additional increments
2) waiting time
3) traffic delay time
4) additional passengers
5) baggage charge
6) out -of -town surcharge
7) airport surcharge
8) no show or no load charge
9) bridge tolls
10) fl.owthrough surcharge
]1.) zone charge
12) other special rates
17
5.3 The taximeter shall be set in operation at the time a
passenger enters the taxi and stopped when the taxi is halted to
discharge such passenger.15
5.4 It shall be unlawful for any person to refuse to pay
the lawful fare shown on a taximeter or in accordance with zone
fares after such person employs or hires a taxi.
5.5 It shall be unlawful for any driver of any vehicle to
refuse service to a prospective passenger or to take any action
to actively discourage any person unless it shall be readily
apparent that the person presents a hazard to the driver.
5.6 When a vehicle is operated as a premium taxi, no
passengers shall be grouped together without the expressed
consent of the first passenger who hires the taxi. If consent to
group is granted,16 upon mutual agreement by the driver and the
prospective passengers prior to boarding a taxi, the fare to be
charged may be paid according to any of the following methods:
1) When all passengers originate from the same point and
cc to the same destination or when the original passenger directs
15 This applies only to metered taxis, since taxis
operating under a zone system are not equipped with
taximeters.
16 The difference between "consent to group" and "shared
ride" is that under "consent to group" the vehicle is
still rendering premium taxi service. It is the
perogative of the original passenger to agree or
disagree to share the vehicle with others. However,
if a taxi operation is designated as "shared ride,"
the use of such service by a passenger infers such
passenger's consent to sharing the vehicle and the
trip with other persons.
18
the driver to pick up others en route to the same destination,
the driver may charge the approved rate17 for each additional
oassenger.
2) When any passenger is pirked up an route (with the
consent of the original passenger), on the departure from the
taxi, such passenger shall pay a fare equivalent to the fare had
he /she had exclusive use of the taxi for the distance travelled.
3) When passengers originate from the same point but to
to different destinations, the driver may charge each passenger
upon leaving the amount registered on the taximeter at the time
of discharge, provided that the driver reactivates the taximeter
each time a passenger is discharged.
6_ Appl= cation for Rate Ad]ustments
6.1 Whenever a certificate holder wishes to change the
rates charged, said certificate holder shall apply in writing to
the City Council (County), which shall include, but is not
limited to, the following information:
1) schedule of existing rates and proposed rates
2) reasons for the desired change
3) supportive evidence for the change of rates
4) rrnoncial status of the business
5) any other pertinent information
17 The rate per additional passenger will also be
decided by resolution by the rate setting authority.
39
6.2 Refusal by any applicant to submit or make available
to the City Council (County) any of the required information,
shall result in the cancellation of the processing of the
application. Failure of the applicant to respond to the City
Council (County)'s request for additional information within
thirty (30) days from the date of the request, shall result in
the cancellation of the processing of the application, unless the
applicant shows sufficient cause for the inability to .respond
within the specified allowable time period.
6.3 The City Council (County) shall be required to act
upon and render a final decision on an application for a change
of rates within ninety (90) days from the date of an application.
In the event. the City Council (County) fails to render a final
decision on an application within the allowable time period, such
non - action shall result in the automatic approval of the
application. However, upon mutual consent of the applicant and
the City Council (County) the allowable time period may be
extended.
7. Color Scheme and Insignia
7,1 Every vehicle covered by a certificate shall have a
standard color scheme or combination of colors and /or insignia
(and cruise light design18) approved by the City Council
(County).
18 See footnote 5.
20
7 . 2 No vehicle shall be operated until said vehicle is
painted the approved color scheme or combination of colors and /or
insignia.
7.3 Changes in color scheme, insignia, or cruise light
design shall have the prior approval of the City Council
(County).
7.4 Every vehicle regulated by this chapter and operating
in the city (county) shall have the name of the owner thereof,
whether person, form or corporation and the owner's business
telephone number, plainly painted in letters at least three (3)
inches in height on each side of the vehicle, and the same shall
be painted in a color different from the vehicle, and easily
distinguishable. There shall also be painted on the vehicle's
front and rear exterior the number of the i.icense assigned to
said vehicle as provided in Section 10.
7.5 in addition to the identification required by section
10 such vehicles may bear the following signs or advertisements:
1) Advertising signs conforming to the rules and
regulations of the City (County) which shall not in any way
obstruct the view of the vehicle's insignia and identification
number,l9
2) A sign device which shall identify, at any given
time, whether the vehicle is off -duty or for hire or vacant and
the type of transportation service being rendered or proposed to
be rendered.
19 Wherever such advertising is prohibited by regulation
or ordinance, this subsection may be omitted.
21
8. Taxi Stands20
8.1 The city (county) shall designate areas on public
streets to be used as taxi stands, provided that such stands will
not hinder the normal flow of traffic.
8.2 The City Council (County) may abolish any established
taxi stand if the public is not served conveniently or if the
need for such stand has been eliminated.
8.3 The number of taxis occupying a stand at any time
shall. be determined by the City Council (County).
8.4 All taxi stands are to be available for the use of
all licensed taxis operating within the city (county) on a basis
of the driver of the first taxi arriving at a vacant stand having
the right to occupy said stand.
8.5 The City (County) shall place the necessary signs and
markings at the location of the stands. It is expressly provided
that the passengers may select any taxi at a stand regardless of
the taxis' positions in the line at such stand.
8.6 It. shall be unlawful for the driver of any taxi to
stand or park the same upon any public street or other public
place while await'_ng for employment except in spaces or stands
set apart to be used for that purpose; except when a taxi is out
of service and the driver is not soliciting, said driver may park
the taxi in spaces legally available for other passenger vehicles
20 This section should conform with local traffic
ordinances or could be omitted if the subject matter
is covered by local traffic ordinances.
22
provided, however, that the driver of the taxi so parked shall
display the "off- duty" sign. This provision shall not prevent
the operator of a taxi from temporarily stopping in accordance
with other stopping or parking regulations at any place for the
purpose of and while actually engaged in the loading or unloading
of passengers or packages or the delivery of packages. Where
parking for this designated purpose is in a metered space, the
driver shall. pay the appropriate charge.
8.7 It shall be unlawful for any person to park a taxi at
a taxi stand without first obtaining a stand permit from the City
(County) authorizing such person the use of such taxi stand. The
City (County) shall not grant a taxi stand permit without taking
into consideration the need of the applicant and the convenience
of the general public. Any area designated as a taxi stand shall
be occupied only by the permittee(s) so authorized. Any permit
for taxi stands may be revoked by the City (County) upon giving
ten days notice to the parmit holder. It shall be unlawful for
any person whose stand permit has been revoked to occupy such
stand.21
8.8 It shall be unlawful for the driver of any other
vehicle to park in a taxi stand.
21 This section applies to those jurisdictions that
either do not have open stands or use a combination
of open and exclusive stands.
23
8.9 No driver of a taxi shall allow such taxi to remain
standing in any established taxi stand unless the driver shall
remain within ten (10) feet of any portion of the established
taxi stand whether the stand be single or multiple, unless said
driver is actually engaged in assisting passengers to load or
unload or is actually engaged in answering the telephone.
8.10 The City (County) may grant, upon written application
by any certificate - holder, permission to attach to a post, pole,
or liahtpost a telephone call box, and shall have the right to
prescribe all reasonable conditions as may be necessary.
9. vehicle Maintenance
9.1 The City (County, before granting a certificate of
public convenience and necessity to any applicant for any number
of vehicles, shall designate an agent to inspect, at the
applicant's maintenance facility, such vehicles, their equipment
(and taximeter22) in order to ascertain whether such vehicles
comply with the provisions of this chapter.
9.2 The applicant shall make all vehicles available to
the City (County) or the City (County)'s agent(s).
22 Only if applicable.
24
9.3 The City (County) or the City (county)'s agent (s)
shall have the right at any time after displaying proper
identification, to inspect any certificated vehicle for the
purpose of ascertaining whether or not any of the provisions of
this chapter are being violated.
9.4 Any vehicle which is found, after any such
inspection, to be unsafe or in any way unsuitable for service may
be immediately ordered out of service, and before again being
placed in service shall be put in condition as prescribed by this
chapter. Prior to the return of any such vehicle to service, the
certificate- holder shall notify the City (County) in writing or
by telephone that the vehicle cited is in compliance and returned
to service.
9.5 Every vehicle shall be of good substantial appearance
and be so constructed and maintained as to provide for the public
safety, continuous and satisfactory operation, and operation at
minimum noise and vibration. Every vehicle shall be structurally
sound as to all its parts and shall be painted to give reasonable
protection to all painted surfaces from structural deterioration.
All marks of identification on vehicles shall be permanent and
clearly legible at all times.
9.6 Every vehicle shall be kept in clean, sanitary
condition and shall be cleaned at least once every day when
operated. The interior of the vehicle shall be cleaned
thoroughly with suitable antiseptic solution whenever necessary.
25
it shall be the driver's responsibility to clean the interior and
all windows of the vehicle as required while it is in use.
9.7 Every vehicle licensed hereunder shall at all times
be maintained with the following equipment in good operating
condition:
1) A frame or holder for the proper display of the
certificate and the public vehicle driver's permit which shall
face the passengers and be so located as to be at all times in
plain view of such passengers.
2) A radio transmitter and receiver capable of two -way
communication with a dispatcher.23
3) Special equipment which will extinguish lights on the
right side of the vehicle front and rear to signal for law
enforcement assistance. Each paratransit service certificate -
holder shall instruct drivers in the purpose and methods of use
of the signal equipment.
4) A sign of heavy material not smaller than 24 square
inches24 securely attached and clearly visible to the passenger
area at all times, providing in letters as large as the size of
the sign will reasonable allow, all of the following information:
a) The name, address and telephone number of the agency
regulating the operation of the vehicle.
L3 This should apply unless the local regulatory
authority provides otherwise.
74 pot purposes of uniformity, 24 square inches is the
recommended standard size of such cards in Calfornia.
26
b) The name, address and telephone number of the person
licensed to operate the vehicle.
9.8 In addition to the above required equipment, all
taxis sha3i be also equipped with the following:
1) A taximeter.25
2) A light within the passenger compartment capable of
being lighted or extinguished by the passenger.
3) A speedometer properly installed and exposed to
passenger's view.
4) Locked boxes for the safekeeping of the taxi driver's
money. Each taxi operator shall instruct drivers to place all
funds in excess of $5.00 in the locked boxes.
5) Signs posted inside and outside the taxi to notify
the public that the driver is carrying only $5.00 in change. The
interior sign shall be clearly readable from the rear seat.
Exterior signs shall be attached to both sides of the taxi in
letters of at least one inch in height.
6) A device installed in the trunk of the taxi which
will permit the opening of the trunk lid from the inside of the
trunk.
9.9 No taxi shall be equipped with any shades or curtains
which can be manipulated in such a way as to shield the occupants
or the driver from observation or obstruct the rear -view window.
25 Only if it is applicable.
27
9.io The center partition, if any, between the driver's
compartment: and the passenger compartment shall be designed and
constructed of shatterproof glass or plastic.
10. Vehicle Identification Number
10,1 For each vehicle covered by a certificate, an
identification number shall be assigned by the certificate -
holder.26
10.2 Upon application by a certificate- holder to the City
(County), a vehicle covered by a certificate may be substituted
for another vehicle. Upon approval of the substitution by the
City (County), an identification number shall be assigned to the
replacement vehicle.27
10.3 The vehicle identification number shall be displayed
ont the vehicle's rear (or cruise li.ght).28
11. Public vehicle Driver's Permit
11.1 It shall be unlawful. for any person to drive a
vehicle licensed under this chapter unless such person shall have
obtained a city (county) public vehicle driver's permit in
addition to those motor vehicle driver licenses required by the
State of California.
26 Local jurisdictions may grant each certificate- holder
a block of numbers for exclusive use on his or her
licensed vehicles.
27 Subsection 10.2 should be used only by jurisdictions
which restrict the number of taxis.
t8 Only if it is applicable.
28
11.2 Application for the permit shah be made in person to
the Cei:nty Sheriff's office and or other designated City Police
cepartment;s).
29
11.3 The applicant shall provide requested information,
crier oarn or affirmation on forms supplied by the sheriff or
other police department and approved by the City (county),
regarding the following:
1) Pertinent personal data.
2) Physical condition.
3) Traffic record for three (3) years prior to the
application. (Parking citations need not be reported.)
4) Experience in driving motor vehicles, taxis or other
for hire vehicles.
5) The full name and 'address of the person or firm by
whom the applicant is to be employed.
11.4 Each applicant shall furnish two (2) recent
photographs of himself or herself of size and manner prescribed
by the licensing authority.
11.6 Each applicant shall submit a health certificate
form. AS a result of the statements made by the applicant on
the health certificate form, the applicant may be required to
29 This section is written with the intent of simplifying
existing taxi driver licensing procedures. In certain
areas an applicant is required to apply for a public
vehiclo driver's license to several jurisdictions and
thus pays several permit fees. Designating the Sheriff's
Office or other City police department as the licensing
authority eliminates this problem and brings a degree of
necessary uniformity. Rural jurisdictions not near a
rcgi.ona] or local Sheriff's office may choose to
designate another office for the issuance of public
vehicle dri.ver's licenses.
29
submit a certificate filled out and signed by a physician. The
health form shall be provided by the City (County) and the
criteria for a mandatory health certificate by a physician shall
be established by the City (County).
11.7 When an application has been denied, the applicant
may not reapply for a public vehicle driver's permit for one
calendar year from the date of denial, unless denial was without
prejudice.
11.8 The sheriff or a city police department shall
investigate the facts stated in an application for a public
vehicle driver's permit and other relevant data.
11.9 Upon change of name, address, and /or telephone
number, a licensed driver shall notify the certificate - holder and
the licensing authority in writing.
12. Denial
12.1 A public vehicle driver's permit shall not be issued
to any person;
1) who has less than six months driving experience;
2) who does not possess a valid driver's license, issued
by the state of California;
3) who is less than 21 years of age;
9) who is currently required to register pursuant to
Section 290 of the California Penal Code;
5) who has been convicted of a crime involving moral
turpitude, narcotics or dangerous drugs, unless a period of not
less than three (3) years shall have elapsed since the date of
IIDI
conviction or the date of release from con "inement for such
offense, whichever is later;
6) who has been convicted for driving a vehicle
recklessly within the two (2) years immediately preceding
application for a permit.
7) who has been convicted of driving a vehicle while
under the influence of intoxicating liquor within the three (3)
years immediately preceding application for a permit.
13. Issuance of Public Vehicle Driver's Permit.
i3.1 If the sheriff or a city police department finds that
the applicant is duly qualified, of good moral character, and of
sound health, the licensing authority shall issue promptly and
expeditiously a public vehicle driver's permit to the applicant.
13.2 The size of the permit card shall be 7" x 5" and
shall contain a recent picture of the permittee, affixed therefor
without detection. The driver's permit shall also contain the
driver's full name, permit number, and the expiration date of
said permit. The licensing authority shall furnish same, said
container to be fitted with a permanent transparent material.
'Phis card and container shall at all times be displayed
conspicuously in the vehicle which the driver may be operating.
it shall be unlawful to operate a vehicle licensed under this
chapter without the driver's public vehicle driver's permit
31
being conspicuously displayed in said vehicle.
13.3 original non - temporary permits shall be valid for two
years from the date of issuance. Non - temporary permits may be
renewed for a two -year period provided that the licensing
authority's investigation of the driver's traffic and criminal
record reveals no criminal or traffic violation during the period
the permit was valid. If the investigation reveals such
violations, the permit may be renewed for one year only.
Temporary permits shall not be valid for more than sixty (60)
days.
13.4 The permit is the property of the city (county) and
is not transferable to any other driver and it shall be
surrendered to the licensing agency by the driver upon such
driver's ceasing to drive a licensed vehicle.
14. Permit Renewal
1411 A permit holder shall apply for permit renewal at
least thirty (30) days but not more than sixty (60) days prior to
the expiration of the permit.
14.2 The appropriate portions of Section 11 shall also
apply to this section.
15_Surrendgr, Suspension, Revocation of Public Vehicle_ Driver's
Permit
15.1 The City (County) may suspend, for a period not to
exceed thirty days, or revoke the public vehicle driver's permit
32
of any person licensed under this chapter for any of the
following:
:) Repeated and persistent violations of the traffic
lays of the city, county and state.
2) Conviction for reckless driving.
3) Driving any vehicle known to the driver not to be in
good order and repair.
4) Two or more violations of Sections 5 and 22 of this
chapter in any twelve month period.
5) Knowingly falsifying material and relevant facts on
an application for a public vehicle driver's permit.
5) Conviction or plea of nolo contendere to the
violation of any law involving alchohol.
7) Conviction or plea of nolo contendere to the
violation of any law involving moral turpitude.
8) Operating a vehicle licensed under this chapter while
under the influence of alcholic beverages, narcotics or other
habit forming drugs.
9) Repeated violations of this chapter.
15.2 The public vehicle driver's permit of any driver
shall automatically be revoked and shall be immediately
surrendered by the driver upon such driver's conviction or plea
of guilty or nolo contendere to the violation of any law
involving:
1) Commission of a felony.
2) Commission of a sex offense.
3) Soliciting for prostitution.
33
4) Commission o` a narcotics offense.
5) Revocation or suspension of license to drive issued
by the State of California.
15.3 A driver whose permit has been revoked by the
licensing agency shall be notified in writing by certified mail,
directed to the last known address on record. Such written
notice shall state the reasons for the revocation.
16. Fees
16.1 The following fees shall be paid when any application
is made under the provisions of this chapter:30
1) For each application for a certificate of public
convenience and necessity, the fee shall be computed as follows:
For 1- 4 vehicles, the fee shall be $_ per
vehicle.
For 10 -24 vehicles, the fee shall be $ per
vehicle.
For 25 -50 vehicles, the fee shall be $ per
vehicle.
For 50+ vehicles, the fee shall be S per vehicle.
2) For a certificate renewal, the fee shall be computed
as 50% of the application fee.
3) For an application for the addition of vehicles to an
authorized certificate the fee shall be $ per vehicle added.
4) For each original application for a public vehicle
driver's permit the fee shall be $
30 This section is not intended to preclude the payment
of business license fees, wherever required.
34
5) For each renewal application for a public vehicle
driver's permit the fee shall be $
6) For any reissuance of any of the above, if any of the
above is lost, the fee shall be computed at 502 of the original
fee.
17. Records Required
17.i Every certificate- holder shall maintain on file with
the City (County) his or her name, his or her company's name,
business address, garage address, all business telephone numbers
listed in his or her name and his or her company's name, names of
all drivers, their addresses, the names and addresses of all
vehicle owners, the make and serial number of taximeters,31 and
Shall, within a reasonable time after any change in connection
thereto, report such change.
17.2 Every driver shall maintain a daily manifest which
records:32
a) the time the vehicle went on and off duty
b) the vehicle identification number and driver's full
name
C)
the odometer
readings at
the beginning and end
of
each driver's
work period
for total miles
d)
all trips made each day
showing time and place
of
31 if it is applicable.
32 Subsec tiens (d), (e) and (f) are applicable only to
taxis.
35
origin and destination of each trip, the nuaber of passengers
transported during each trip
e) the amount of fare charged for each trip.
17.3 All such completed manifests shall be returned to the
certificate - holder by the driver at the conclusion of the
driver's work period. If the driver changes vehicles during any
work period, such driver shall maintain a separate manifest for
that portion of the work period in which another vehicle is used.
The forms for such records shall be furnished to the driver by
the certificate - holder and shall be subject to the approval of
the City (County). It shall be unlawful to maintain an
incomplete manifest.
17.4 Every certificate-holder shall retain and preserve
all driver manifests in a cafe place for at lease one hundred
eighty days and the same shall be made available upon demand for
inspection by any agent of the City (County).
17.5 Any article found in a vehicle shall be immediately
returned to the passenger owning it, if the owner is known, to the
driver; otherwise, it shall be deposited with the certificate -
holder at the conclusion of the driver's tour of duty. A written
report, on the form to be furnished by the certificate- holder, of
the findinq of such articles shall be made by the driver. Any
36
articles taken In lieu of fare shall also be .reported on the same
form, and deposited with the certificate- holder.33
17.6 The City (County) from time to time shall require
every certificate - holder and /or owner to provide an income
statement as to revenues, expenses, property owned and other
financial and statistical information. Upon such request by the
City (County) , each certificate- holder and /or owner shall supply
the information within thirty (30) days after the request.
17.7 The City (County) shall require that all certificate -
holders report the terms of all agreements between certificate -
holders and owners, and between certificate - holders or owners and
other parties which provide for payment for any or all of the
following: for use of vehicle(s), rental payment for use of
colors, rental payment for use of radio equipment, payment for
dispatching service, obligation of drivers to perform unpaid
services for certificate- holders or owners. The City (County)
shall be kept current on the terms of such agreements. All
changes in the agreements shall be reported within 30 days of
their approval by the parties.
33 It is recommended that the driver be furnished with a
triplicate form receipt book to be used whenever
articles are taken in lieu of fare. On copy would be
for the passenger, one for the driver and one for the
certificate- holder, with whom the article(s) is
deposited.
37
17.8 At all reasonable times, a certificate-holder shall
permit any duly authorized agent of the City (County) to examine
all business property of said certificate- holder relating to the
paratransit service for which such person was licensed, whether
such property be situated within or without the city (county) and
to examine and transcribe any and all books, accounts, papers,
maps and other records kept or maintained by said certificate -
holden or under such person's control which treat of the
operations, affairs, transactions, property, or financial
condition of the certificate - holder outside the city. Failure of
any person to adhere to these provisions shall be deemed a
violation of this chapter.
17.9 Records shall be made of each order for service taken
by telephone and shall include:
a) location of requested pickup
b) identification of order taker,
C) date and time of order,
d) time delay quoted,
e) identification of dispatcher,
f.) identification of vehicle dispatched, and
g) time of dispatch.
such records shall be kept for at least 90 days.34
74 h Suc record - keeping should be used in determining the
levels of service provided by the paratransit
transportation provider. A time period of 90 days is
recommended for the keeping of these -ecords, after
which they may be discarded.
38
18_ Appeal Procedure
18.1 Any decision of the licensing agency or sheriff which
is a refusal to issue, a refusal to amend, a suspension or
revocation of any certificate or permit shall not become final
until 15 days after the date of transmittal of the written notice
to the person affected by such decision, during which period the
party to the action may appeal the decision in the manner
provided herein at any time prior to the expiration date of the
15 day period. If no appeal is taken before the expiration of
the 15 -day period, the decision of the licensing agency or
sheriff shall be final.
18.2 The appeal of any decision shall be in writing
signed by the party to the action briefly setting forth the
reasons why such decision is not proper, stating an address to
which the appellant will receive notices and filed with the clerk
of the city (county).
18.3 Upon filing an appeal, the party to the action shall
be entitled to a hearing by the within
thirty (30) days after the date of filing the appeal.
18.9 The appellant shall have the right to present his or
her case in person or by the appellant's designated agent.
18.5 The shall consider the case
record as well as any statement offered by interested parties.
The hearing need not be conducted according to court rul.es
relalJ.ng to evidence and witnesses,
39
18.6 If the City Council (County) refuses to issue, amend
or restore a license or a certificate, the party to the action or
such party's agent, shall not file a new application within 365
days from the date of final action by the City Council (County).
18.7 If the City (County) suspends a certificate or a
license, the City (County) shall determine a period of suspension
of not more than thirty (30) days.
18.8 If the City (County)'s action is to grant or restore
a certificate or a license, the City (County) shall direct the
responsible officer to issue or restore the certificate or
license in accordance with the order of the City (County).
18.9 The City (County) on its own motion may for cause
suspend or revoke any certificate or license issued under this
chapter.
19. Leasing or Renting
19.1 Any certificate - holder may lease or rent any vehicles
licensed to operate as taxis under the provisions of this
chapter, provided that any and all lease or rental agreements
shall be made on lease or rent forms approved by the City
(County).
19.2 Lease of vehicles under this section shall in no way
rel i.eve any certificate - holder and lessee from responsibility of
full compliance with all the provisions of this chapter.
40
19.3 All chapter provisions applicable to a certificate -
holder shall also apply to a lessor, and any violation of such
provisi,a:s by lessor shall be considered a violation by the
certificate- holder and shall carry the penalty prescribed.
19.4 All chapter provisions applicable to a taxi driver
shall also apply to a lessee and any violation of such provisions
by a lessee shall carry the prescribed penalty.
19.5 Certificate- holders entering into lease arrangements
shall notify in writing the City (County) and provide the
following information:
1) The number of taxis operating under lease agreements.
2) The vehicle identification numbers.
3) The full name and home address of the lessee.
4) A photocopy of the lease or rental agreement as
signed by both lessor and lessee.
5) Any other pertinent information.
19.6 it shall be unlawful to lease or rent a vehicle to
any person other than a licensed driver as provided under this
chapter.
19.7 It shall be unlawful for a lessee to fail to maintain
an accurate daily manifest as prescribed by section 17.2 of this
chapter. The lessee shall deliver such records to the lessor who
shall be responsible for their retention as specified in
41
subsection 17,4 of this chapter.
19.8 The maintenance of the vehicle as prescribed by
Section 9 shall be the responsibility of the lessor.
1919 A certificate- holder who leases or rents taxis shall
have such taxis painted with his or her identifying color scheme
and /or insignia, and such taxis shall be fully insured as
provided by the and according to section
of this chapter.35
19.10 Any violation of this section either by lessor or
lessee shall be cause for suspension or revocation of the
lessor's certificate and /or the lessee's permit.
20. Driver- Owners
20.1 Any certificate -- holder may contract with any taxi
driver -owner for the operation of taxis under the provisions of
this chapter, provided that any and all contract agreements shall
be made on forms approved by the City (County).
20.2 Operation of vehicles under this section shall in no
way relieve any certificate- holder and driver-owner from
responsibility of full compliance with all the provisions of this
chapter.
20.3 All chapter provisions applicable to a certificate -
holder shall, also apply to a contractor with a driver-
35 This refers to the action taken by a local
jurisdiction in adopting insurance levels higher that
those provided by state law. If such action is taken
and an insurance section is added to this document
then the appropriate section number should be used
above.
42
owner, and any violation, of such provisions by such contractor
shall be considered a violation by the certificate- holder and
shall. carry the penalty prescribed.
20.4 All chapter provisions applicable to a taxi driver
shall al.so apply to a driver -owner and any violation of such
provisions by a driver -owner shall carry the prescribed penalty.
20.5 Certificate - holders entering into contract agreements
with driver- owners shall notify in writing the City (County) and
provide the following information:
1) The number of taxis operating under contract
agreements.
2) The vehicle identification number.
3) The full name and home address of the owner.
4) A photocopy of the contract agreement as signed by
the certificate-holder and driver -owner
5) Any other pertinent information.
20.6 It shall be unlawful to contract with a driver -owner
for the operation of a vehicle unless such driver -owner is a
licensed driver as provided under this chapter.
20.7 It shall be unlawful for a driver -owner to fail to
maintain an accurate daily manifest as prescribed by Section 17.2
of this chapter. The driver -owner shall deliver such records to
the certificate- holder who shall be responsible for their
retention as specified in subsection 17.4 of this chapter.
43
20.6 The maintenance of the vehicle as prescribed by
Section 9 shall be the responsibility of the certificate - holder.
20.9 A certificate - holder who contracts with a driver -
owner for the operation of taxis shall have such taxis painted
with his or her identifying color scheme and /or insignia, an such
taxis shall be fully insured as provided by the _
and according to section of this chapter.36
20.10 Any violation of this section either by a
certificate - holder or driver -owner shall be cause for suspension
or revocation of the certificate - holder's certificate and /or the
driver - owner's permit.
21. Regulations Durina Suspension Period
21.1 From the time of the revocation or during the
suspension of any permit, no person whose permit is suspended or
revoked shall drive, operate, or be in charge of any vehicle(s)
or permit the vehicle(s) on which the permit has been suspended
or revoked to engage in service (or allow any such vehicle(s) to
stand while awaiting employment at a location designated in such
suspended or revoked Permit until a new permit has been procured
or until the period of suspension shall have expired).37
34 See footnote 35.
37 This should be used only wherever exclusive taxi
stands are employed.
44
22. City_(Cour.ty) Held Harmless
22.1 A certificate - holder shall, and by acceptance of the
certificate does, keep and hold the city (county) free and
harmless from any and all claims, costs, liability, damages or
expenses, including cost of suit and fees and expenses for legal
services on account of any damages claimed by a third party,
including such claims by agents or employees of the city (county)
or of said certificate- holder, to have been sustained in or about
any taxi stand established or maintained by or for taxis or in or
about any of. said certificate - holder's premises or vehicles or
arising out of such person's operations, as a result of anything
claimed to have been done or omitted to be done by said
certificate- holder or by anyone claiming or acting as agent of
the certificate - helder.
23. Operation of Paratransit Service Vehicles
23.1 Any vehicle licensed by the City (County) as a
paratransit vehicle shall be operated according to the provisions
of this section,
2.3.2. Each driver shall carry in the vehicle a current map
of the city (,county). Upon request, the driver shall make the
map available to the Passenger.
23.3 Drivers shall not refuse or neglect to carry any
orderly person, upon request, unless previously engaged or
forbidden by the provisions of this chapter to do so.
45
23.9 A driver shall not deceive any passenger who may ride
in the vehicle, or who may desire to ride in such vehicle as to
that passenger's destination or the rate to be charged.
23.5 Every vehicle while in operation for the solicitation
or transportation of passengers shall be attended by the driver
at all times except when such driver is actually engaged in
loading or unloading the vehicle, or in answering telephones in
connection with the business.
23.6 A driver shall not leave the public vehicle driver's
permit in an unattended vehicle.
23.7 Any owner or driver of a vehicle shall not permit
such vehicle to be used for unlawful puuposes or knowingly to
transport persons therein to places for such purposes.
23.8 It shall be the duty of the driver to give any
passenger so requesting, a receipt in writing signed by the
driver and showing his or her vehicle driver's permit number, the
vehicle number, items for which charge is made, the amount paid,
and the time and date.
23.9 Drivers shall not stop to load or unload passengers
or their belongings in the intersection of any street or any
marked crosswalk. No vehicle shall load or unload in any such
manner that will in any way impede or interfere with the orderly
flow of traffic on the streets.
46
23, 10 A driver shall assist a passenger in and out of a
vehicle when requested; however, a driver is not required to lift
a passenger.
23.11 No driver of any vehicle shall operate a vehicle, nor
shall certificate - holders or their agents require drivers to
operate more than 10 hours in any consecutive twenty -four hour
period.
23.12 No driver of any vehicle shall transport any more
persons, including the driver, than the manufacturer's designated
seating capacity for vehicle.
23.13 A taxi may be operated in any other mode of demand
responsive transportation service, and when so operating shall
comply with all provisions of this chapter regulating such other
forms of service. When operating in any other mode of service,
the taxi shall display, in the manner prescribed by subsection
7.5(2) such signs as many be necessary to advise the public that
the vehicle is not, for the time being, operated as a taxi.
23.14 When providing taxi service, the driver shall
transport a passenger to the designated destination by the
shortest, most direct, accessible and reasonable route unless
otherwise directed by the passenger in which case the directions
of the passenger shall be followed. Further, a driver shall not
transport any passenger or cause such passenger to be transported
to a place other than as directed by such passenger.
47
23.15 All drivers shall comply with all reasonable and
lawful requests of a passenger as to the speed of travel and the
route to be taken.
23.16 Each taxi shall be operated between the point of
delivery of a passenger and the nearest available taxi stand.
This provision does not prohibit picking up passengers an route
and does not apply when the taxi driver is directed by the
dispatcher to respond to a call elsewhere than the nearest
available taxi stand. (Cruising is permitted, but only when such
movement=_ do not usually obstruct the normal flow of traffic. If
it is determined by the _ upon review of actual traffic
data that cruising significantly obstructs the normal flow of
traffic at certain locations or times, the may, by
administrative order, prohibit cruising at such locations or
tlmes.)38
23.17 Every vehicle shall be operated in accordance with
the laws of this state, the provisions of this chapter and other
ordinances and laws of the city (county), with due regard to the
safety, comfort and convenience of passengers and the general
public.
23.18 The may make and promulgate such
additional rules and regulations as may be deemed necessary to
control the operation of vehicles licensed under this chapter.
38 This section should be used by jurisdictions which
allow cruising by taxis.
48
EXHIBIT # 2
YELLOW CAB CO.
1400 EAST MISSION SOULEVAR..O
F MON CALIFORNP 91766
(714) 6R2 -1313. (7141366 -'1130
STATEMENT OF INCOME AND OPERATIONS
FOR THE SIX MONTH PERIOD ENDED JUNE 30, 1992
"' Certified Financial Statements are prepared annually. "'
Current
Month
Year -To -Date
INCOME
AMOUNT
..........
PERCENT
AMOUNT
________
PERCENT
----------
Taxicabs
........
134,381
100.0%
813,059
100.0%
Total Income
134,381
100.0%
813,059
100.0%
EXPENSES
Officers Salaries
1,636
1.21
9,130
1.2%
Salaries and Wages
43,495
32.4%
255,922
31.5%
Payroll Taxes and Employee Welfare
5,537
4.1%
31,516
3.9%
Insurance
32,010
23.8%
191,963
23.6%
Repairs, Maintenance, and Fuel
19,296
14.4%
95,889
11.8%
Rent, Utilities, and Telephone
12,504
9.3%
76,665
9.4%
Ofrice Supplies
1,454
1.1%
6,334
0.8%
Licenses, Taxes, and Permits
963
0.7%
4,343
O.5%
Equipment Leasing and Interest
5,819
4.3%
26,571
3.3%
Depreciation
5,613
4.2%
47,961
5.90
Advertising, Promotion, and Meetings
3,299
2.5%
15,253
1.9%
Office, Legal, Accounting, and Computer
3,632
2.7%
15,937
2.0%
Miscellaneous
412
0.3%
3,234
0.4%
Total Expense
135,668
101.0%
- ------ -------------
781,318
96.1%
.........
NET INCOME
(1,287)
-1.0%
31,741
3.9%
Total Miles
285,878
1,699,69?
Total Passengers
24,383
144,857
"' Certified Financial Statements are prepared annually. "'
EXHIBIT T3 (Page 1 of 2)
YELLOW CAB CO.
August 2, 1992
1400 EAST MISSION eOULEVARO
FOMON.q CALIFORNIA 91766
(714)622 - 1313.(914)996 -1139
WHY SHOULD THE CITY BE INTERESTED IN TAXI ISSUES?
(1) Taxis provide mobility & economic benefits for all citizens and
are a public utility, as identified by Section 53075 of the
Government Code (SB 944).
(2) Clean Air Act Amendments of 1990 and Intermodal Surface
Transportation Act of 1991 (ISTEA) point to the need to reduce
congestion and improve air quality.
(3) Cities need minimum administrative and other non productive
expenses by the police department and city management in
monitoring taxicab service.
(4) A regulated entry approach of public convenience and necessity
allows better taxi service for users at a lower cost than the
open entry approach thereby encouraging public transportation
usage.
(5) The Public Utility type approach indicated above for providing
taxi services is a proven tool to achieve various public
objectives including cost control, enhancements of service
quality and quantity, access to capital funding for the taxi
company and transit services coordination. These benefits
cannot be achieved any other way.
(6) Carefully regulated taxi service allows a taxi driver to make a
better wage resulting in better service and responsibility to
the taxi user, to the city and airport which enhances the city
image.
(7) To insure that all citizens are rendered universal, non-
discriminating service to all requests and tender the price as
established by the city, 24 hours per day, 7 days per week,
taxi service is essential to the daily activities of some people
who cannot sclely rely on private automobiles for personal
mobility.
(8) Taxi service is a unique and different enterprise. The driver
is alone with the user. Driver and user are at risk physically
and financially; accountability is very critical.
(9) There is not a large enough demand in the City to support two
full service cab companies. The result would be a dilution of
the market which would cause a lack of full service capabilities
by any operator.
GS -Ont. ilifo
August 2, 1992
Page 2
WHY SHOULD THE CITY BE INTERESTED IN TAXI ISSUES?
(10) Taxi response time is determined by the number of available
vehicles controlled by a specific taxi company which the
consumer calls, not the total vehicles in the industry.
(11) The taxi market is in a state of secular decline, the market is
small and demand density too low. In every case in every city
where there was unwarranted competition or deregulation, there
was no increase in demand for taxis simply because more of them
were available.
(12) City has potential legal liability for under - insured or unsafe
permitted operators.
(13) Federal Transportation Administration (FTA formerly UMTA) has
stated that since some one departing or arriving by airline, bus
or rail sometimes need a taxi to complete the journey,
coordination and regulation is critical for connecting to those
modes. PTA looks to taxicabs for this vital connection. Bryan
Clymer, PTA Administrator, stated that taxicabs will need
stronger code enforcement in the future to protect the users and
the responsible taxi provider.
(14) For public safety, driver screening, monitoring and management
is required (i.e.) fingerprinting and qualifying criteria re:
arrest records for felonies, moral turpitude, narcotics and
driving records.
(15) Taxi driving is one of the most dangerous professions that there
is. OSHA is now promulgating safety rules. Crime against
drivers is a very serious issue and we need to work very closely
with law enforcement agencies.
(16) Yellow Cab Co. over the years has always acted in a responsible
manner in responding to public transportation needs. No other
service industry in this city is as responsive 24 hours a day, 7
days a week to the public demands. Only emergency public safety
services provide a more immediate demand response reaction.
(17) The courts have continually upheld that a city taxicab ordinance
is "a valid exercise of the City's police power to better meet
what the city determines to be the public need" that "public
safety and efficient service are legitimate interests for the
City to pursue." The Court's decision., Public Utilities
Commission and Legislation reinforce the cities right to
regulate the taxicab industry and determine the best interest of
the public.
GS-Ont.i.nfo
EXHIBIT !4 (Page 1 of 6) 4/26/85
TAXICAB REGULATION AND THE ANTITRUST LAWS
By Arthur L. Herold
On March 27, 1985 the United States Supreme Court rendered
two decisions which should have a profound impact upon the im-
munity of taxicab regulators, primarily cities and other local
authorities, and taxicab companies from the federal antitrust
laws. The two cases, Town of Hallie v. City of Eau Claire and
Southern Motor Carriers Rate Conference V. United States, involved
the antitrust immunity of cities and members of regulated indus-
tries, respectively. The Supreme Court effectively expanded the
scope of that immunity, thereby increasing the likelihood that
municipal regulation of taxicab rates and entry will be found to
be lawful.
The federal antitrust laws prohibit agreements between
competitors which unreasonably restrict trade. Perhaps the most
obvious form of antitrust violation is the blatant price- fixing
agreement between competitors. Not as obvious, however, is the
status of a price - fixing agreement which is compelled, authorized,
ratified, or permitted by a state or municipal entity. In a long
series of cases, beginning with Parker v. Brown in 1943, the -
Supreme Court has attempted to define the applicability of the
federal antitrust laws to otherwise unlawful governmental actions
and private party activities which are taken pursuant to a
state or local regulatory system.
In Parker v. Brown, the Court held that the federal antitrust
laws do not apply to the actions of a state because, in our federal
- 2 -
system of government, states are sovereign entities and the
federal government has no authority to regulate even their anti-
competitive actions. Cities and counties, however, do not enjoy
the sovereignty that the states have. In City of Lafayette v.
Louisiana Power S Light Company, the Supreme Court suggested, but
did not decide, that a municipality would be immune from the
federal antitrust laws only if it could show (1) that it acted
pursuant to a clearly articulated state policy authorizing the
replacement of competition with regulation, and (2) that its
municipal regulation was actively supervised by the state.
Perhaps the most publicized Supreme Court case dealing with
the state action antitrust exemption was Community Communication
Co. v. City of Boulder, decided in 1982. In that case, a cable
television company excluded from the local Boulder market by
virtue of the city's grant of an exclusive license to one of its
competitors sued the city under the federal antitrust laws. The
Supreme Court ruled that the city was not immune from the anti-
trust laws because the State of Coloardo, while having conferred
upon the City of Boulder general authority to govern local affairs,
had not enacted legislation authorizing anticompetitive conduct
with respect to the regulation of cable television. The Court
did not address the question of active state supervision in the
City of Boulder case.
Until March 27, 1985, the Supreme Court had not actually
decided whether a municipality needed to show that its anti-
competitive regulatory system was actively supervised by the
- 3 -
state in order to be immune from the antitrust laws.l In Town of
Hallie the Court decided that municipalities are immune even if
the state does not actively supervise the municipal conduct.
Thus, cities and counties which regulate taxicab entry and rates,
or which grant exclusive taxicab licenses for airport service,
will be immune from suit under the federal antitrust laws if
their state legislatures have enacted laws authorizing that type
of regulation. The legislature need not have compelled the
regulation, but -it must be clear that the legislature contemplated
the kind of action undertaken by the county or municipality.
Counties and municipalities which regulate taxicab opera-
tions pursuant to state statutes may be immune from the reach of
the antitrust laws under Town of Hallie, but what of the private
parties, the taxicab companies, which propose rates or obtain
exclusive licenses under the umbrella of county or municipal
regulation? For a number of years it had been thought that
private parties could obtain antitrust immunity only by showing
(1) that their anti - competitive conduct was compelled, not merely
authorized, by the state, and (2) that the state actively super-
vised that conduct. In the Southern Motor Carriers case, the
Supreme Court ruled that private parties need not show that their
anticompetitive conduct is compelled by the state; state permis-
sion of the conduct, plus state supervision, is sufficient.
1 The Local Government Antitrust Act of 1984, which became
effective on September 24, 1984, did grant municipalities
exemption, in the future, from damage suits under the anti-
trust laws. It did not grant immunity from antitrust suits
seeking injunctions, however.
- 4 -
The Supreme Court still has not ruled in the context of
private party immunity when the actions complained of are
undertaken pursuant to county or municipal, as opposed to state,
regulation. It would appear, however, that this type of activity
would be immune from antitrust attack if the regulatory system is
authorized or permitted by the state and if the county or munici-
pality actively supervises that system. Thus, if those who
regulate taxicab rates and entry are immune, it is likely that
those who are regulated, namely, the taxicab companies, will also
be immune.
One thing that neither Town of Hallie nor southern Motor
Carriers changed is the need for state legislation authorizing
counties or municipalities to regulate taxicab rates, entry
and contracts. Until such statutes are enacted, the threat
of antitrust liability is a distinct possibility for those
operating under local regulatory systems.
a•
t
Senate Bill No. 944
CHAPTER .1260
An act to add Section 53075 to the Government Code, relating to
transportation.' _
[Approved by Governor Se terober 29, 1981. Filed with
Secretary of State September 30, 1983.]
LEGISLATIVE COUNSEL'S DIG'
944, Foran. Taxicabs: regulation.
(1) under existing law, there is no express requirement for a city.
or county to regulate priyately •operated taxicab transportation
service. If riot licensed and regulated by a city or cotmty;.taxicab
d necessity or an annuar t><nru• ..�•••
3mmission and comply with its Hiles.
This bill would impose a state - mandated local
re ar to taxica trans rtation setvices which are operarea wanu•
[heir juris fiction, as specified, and would authorize the levying..
service charges, fees, or. assessments for these purposes.
(2) Article XIII B of the California Constitution and Sections 2231
and 2234 of the`Revenue and Taxation `Code require the state to..
reimburse' local agencies and school districts for certain costs
mandated by the state, other provisions require the Depaitment of
Finance to review statutes d timso the State Board of Control for
certun cases, for making,
reimbursement.
However, this bill would provide that no appropriation is made
and no reimbursement is required'by this act for a specified reason.
The people of the State of Califomia do enact as follows.-
SECTION 1. The Legislature fords and declares the following:
(a) The orderly regulation of vehicular traffic on the streets and
highways of California is essential to the welfare of the state and its
-- ---I-
Ch. 1260 —2—
operated taxicab transportation service in order to I
benefits of that service. In furtherance of this policy, the
recognizes and affirms that the reeulation of privatel
SEC. 2. Section 53075 is added to the Government Code, to read:
53075. (a) Notwithstanding Chapter-8 . (commencing with
Section 5351) of Division 2 of the Public Utilities Code, every city or
county shall protect the Dublic health. safety. and welfare by
more than eight, lrrsons, excluding the.driI . which is perated
within the jurisdiction of the city or, bounty.;
(b) Each city' or county shall provide for, but ;is. not 'limited, to
providing for, the following: ,
(1) A 'policy for entry into the business of providing taxicab
(2) The establishment or registration of rates for'the proyfsioi `of
taxicab transportation service . .
(e) Each city or county ' may levy ,service charges; fees; :or
assessments irk an amount sufficient to pay for Elie costs of,Orrymg
out an 'o'rdinan'ce o r 'resolution adopted, in .regard to taxigab,
transportation services,pursuant to this section.
SEC. 3. No appropriation, is made and no reun6ursement is
required by this act pursuant to Section fi of Aiticje,:}�IIIB'of,the
California Constitution or Section 2231 or 2284 of the liegenue and
Taxation Code because the local agency or school district liar the
authority to levy'service charges, fees, or assessrents suffieient,to
pay for the program or level of sery ice mandated by this act.,., ..
0
EXHIBIT 15
WHAT CONSTITUTES PUBLIC CONVENIENCE AND NECESSITY
Some Municipal Codes do not def ire public
convenience and necessity. Regulations under the California
Public Utilities Codes regulating passenger stage corporations
is helpful in defining public convenience and necessity.
Passenger stage corporations operating in the State of
California must obtain a certificate of public convenience and
necessity from the Public Utilities Commission. The Commission
has considered seven factors in determining whether public
convenience and necessity has been established. The factors
incicaed:
(1)
Public need for the service
(2)
Adequacy
of the existing service
(3)
Ability
of the proposed service to
compliment
the existing service
(A)
Technical
feasibility of the proposed
service
(5)
Technical
qualifications of the applicant
(6)
Financial
ability of the applicant, and
(7)
Economic
feasibility of the proposed
service.
The following is model language used by some regulating
agenc'_es when they issued taxi licenses using public
convenience and necessity regulations. "The license privileges
granted herein ate non - exclusive and city (county) reserves the
right to grant equal priviliges to other taxicab or paratransit
operators I L public convenience and necessity requires
additional. companies or service."
YC- Pub`on2
AugusL 10, 1992
0
to
N
n,
e
w
E
w
m
m
W
w
bunt
For 'prisoner workt'furlocigh
By DON GREEN
staff Writer,
-,7Me iwmty grand jury released
reports this weak endorsing s
proposal for a work furlough
program aiding some prisoners and
calling for an ordinance regulating
taxicabs In the unincorporated
areas,
T% Interim reports by the grand
Jury' law and Justice committee
have been sent to the Board d
Su County officials Will
res - nd to the reports before they
hen part of the grand Jury's
finaVreport for 1980-81. _
The committee pointed not that 44
of California's 58 counties have
work furlough programs. (N the 10
lugpt counties In the state, only
program
grand jury backs propose!
San. l3emarplro County does not
have a program. .
Bob Gerfcka, cart Balaoao�ficer
for the county -Pmbatloo Depart.
menu. helped draft the proposal.
He sold Unix mom ng the prop'atn
world screen prisoners sentenced to
county jail.
Under state law, work furlougD
prisoners are required to pay part d.
the costs d fheh' Inrarccratbo.
' Gericke said the program would
not pay the full cost of Impclaon-
magt nor would the furlough
program be seBsupporting In temp
of Wets for the Probutlon Depart -
nerl.'
However, he added, "We WUrk
them would be Intangible savings. " - .
Gericke cited reduced welfare
costs and a passible drop In
IVon
recidivism as examples. -
He Bald the screening process
would minimise any threat of
violence from )innate; during their
time at for- wart or school. 74e
department would also be careful
about releasing prisoners with dug
AM alcohol problems. Garlcke add-
. Asked why all other large counties
have fucIV ams wWle Sao
Bernard
on does not,
Gericke noted that the county
studied a furioagh proposal to 1975.
Gericke said Wet Was one factor
against developing a program.
However, more Iropot'taat W
were o-
cems expressed by the Sheriffs
Department about the remoteness
and Inadequate facilities at Glen
Helen Rehabilitation Cater. where
i
rs�
i
sentenced county jnmuitas serve
time.
The Probation Department is
looting lam budding elsewhere
aimed at essbhg transportation and
other problems.
The grand jury report soya, "All
,tats and Justice dqurtrlmts to San
Bernardino Comm fsvor a work
furlough program as wort furlough
hen been found to boa Wst-efective
program which reduces disruption
of families, employers -acd
prisoners..'
Gericke," that B the proposal
went Into effect one probation of.
(I= would beans to supenla,
0. inmates a fur
The grad jury Wmmittce, to ILA
lnvestlgatim was prompted by
citlzens', complaints about conflict
between Wmpaales W the T eu-
tyalne Palms area.'
"This conBlct has brought about
KU of vloieoce. including anon.
run OU me mad. shot at
` .I. -,tbo� . n.�pt
lads and $arcbo
I& have taxicab or.
The. Committee called upon the
Board of Supervises to Qralt and
enact an ordlnanna re ulating
owoorfblp ad opens I. �_ caba_fn
the ual o corporate d ' areas
"Imr edlately." .
.x
A
x
VROORESS 6ULLETIN WldneideV, Dacambe /:, 1987 6 '
Ira�rR!
Licensing of-.cabs -drivers voted
The Seri Bernardino County Uoerd of Supecviaara
For I
hen approved Ilceraatng of cab comparilea and drives
For the
in the county's unincorporated areas.
with an
Supervisors were raspondmg to a grand jury
report Oct. 1 which urged adoption of
chacktq
Wells
such an
ordinance. The ordinance comes for heal adoption
up
Monday into
Initial d
and would go effect g0 dayyss later.
The jury's law
Servi
grand and justice committee
reported that an ordinary driver's license is the only
fafhme
veldclea
ensun6 requirement for driving a cab in the
{ions and
unincorporated mess.
Thus a child molester, narcotics violator, pan-
1kiv1
- convidh
darer or any other criminal can own and/or operate
e tend and therefore have the opportunity to taolate
solidtlni
dcaas
themselves with many vulnerable people.
conTlnan
Furthermore, taxis can be operated by
with poor and/or crimdnai driving record,'
reckless
jurore said.
the past
jute in
When first discussed by the board in early
November, the proposed ordinance sparked objet
-
Uons from a representative of the cab operators. -
Walt Wells, county staff analyst, &aid potential
problem had been resolved through meetings with
the cab owners. No
one objected Monday to the
ordinance. :
Under the revislons, the county would immedi&t6
ly issue temporary permits uppoonn receiving appllca-
tlons' that would allow new driven to work while
-
their backgrounds are being Investigated.
-'It was their concem that when an Individual
wished to drive for them they wanted to do It
immediately. A 15-day or a month delay would be
almost equivalent of denying them the job," Wells
explained.
be i30 a year.
aoutd coat ! d
tlpg end record
were reduced From an
awaf fee of $15.
denied or revoked for
M, failure to mWoialn
a atatemenb on applica-
be dented or revoked for 1
iavolvboa moral turpitude, Rat
4 mr� a dangerous the
e Years W release from )la
of Upland had inquired
dance to include bas
County Counsel Alan
is preempted by state
MQUL94 C*U* Administrative Officer
Y said tha can* staff would investigate
r of Iadu¢4tg drivers of Dial-A -Ride for
I grand jury bad recommended a cab
hraMe, and current grand jurors bad
tof the current grand ] n committee
se bave our aa chlldre ride in v we
wad- chooks.oh everyme, wa need a
Department of MoWr.Vehiclea) dmadr.
sited sfmllar'gtepe "were needed for
an Ice aeam vendors who come Into
YELLOW CAR CO.
CITY OF RANCHO CUCAMONGA
AVERAGE HOURLY RIDERSHIP AND TRIP DISBURSEMENT
AVG/ I' i AVG/ ;; 2 WK
7/12 7/13 7/14 7115 7/16 7/17 7/18 � HR 7/19 7/20 7/21 7/22 7/23 7/24 7125 � HR ;; AVG
HTDNTG
1
3
1
0
2
2
5
2;
3
1
4
0
0
0
3;
2
2
1:COam
4
0
0
0
0
1
2
1
;
4
1
1
0
1
0
1
1;
1,
2:00am
1
G
1
1
1
2
3
1;
1
0
0
0
0
0
0
0
1;
3: 00=
0
0
0
1
1
2
1;
1;
0
0
2
1
1
0
0
1;
1;
4:00a,i
0
5
0
2
2
2
1
2
i i
1
2
1
2
2
4
0 i
2
i.
2
5 :00am
0
2
3
1
1
1
1
1',
1
2
3
2
1
1
1;
2
1" i
'^ 6:00azn
1
1
1
1
3
0
0;
1;;
1
3
0
1
1
1
3;
1;
1;
4+ 7:OOam
1
2
1
0
1
3
0;
1„
0
2
2
1
4
1
2
2;
I
0 8:OOam
1
0
0
3
2
4
1;
2,
2
2
1
1
0
0
1 i
1,
1,
9: OOam
0
2
1
0
1
1
0;
1;;
1
7
0
3
1
0
0
2"
1' i
W IO:OOa
1
4
3
3
2
4
2;
3
;f
1
1
2
2
1
1
0
1
;;
2
b 11:00a
3
2
1
0
3
3
1;
2„
0
3
0
3
2
1
1;
1
2 i
?' NOON
0
2
1
2
2
2
2
2
i i
0
2
1
3
3
0
1;
1
1:OOpm
0
1
1
1
3
1
1 i
1
;;
1
1
1
2
2
3
0;
1
1
+r 2:00pm
1
0
3
2
1
0
2,
1„
2
3
1
3
2
0
1,
2;;
2
E„ 3:00pm
2
2
1
4
2
1
3 i
2.
1
2
0
2
0
3
1;
1
2"
4: GOpm
1
1
0
2
3
3
2,
2
;;
0
0
2
4
0
1
0
r 5:OOpm
3
0
1
2
2
1
1
I
i
1
0
0
1
1
0
2
i
1
® 6:OOpm
2
2
0
2
2
2
2;
2„
1
1
1
1
1
2
0
1
1;
p� 7:OOpm
2
0
2
2
1
2
1;
1;;
0
0
0
C
1
0
1
O;
1;;
8:OOpm
3
2
1
1
3
3
2
2
5
0
1
1
3
3
2
2;
9:OOpm
2
3
1
0
2
4
4
2,
2
2
]
3
1
5
2
2
2
10:00P
3
3
1
0
1
6
5
2,
i
2
1
2
0
1
2
2
1
2
11: OOP
________________'f_______
0
1
1
2
________
2
__._____________'______________
2
2;
1
;;
2
2
1
0
0
4
1
;,
1
TOTAL
32
��
25
32
43
52
44 '
38
32
38
27
36
27
32
25
31
;,
34 ;,
'211 , -OW C_AB COMP,Pd 7Y
C=TY OF RI3IVCIIO CLJCANiONCA
RSLER..SHSP STAT=ST =CS
1 -7 -- MAY -1992
18
-MAY -1992
45
19
-MAY -1992
WED
20
-NJAY -1992
27
21
-MAY -19
9 2
22
-MAY -1992
34
23
-MAY -1992
1111-iL7
Woak1Y `I'ota7_
Daily Avar. age
SUN
48
MON
45
TUE
52
WED
3s
TIILJ
27
F'RS
37
SAT
39
283
40
24
1992
SUN
24
2 S -MP, Z -19
9 2
MON
16
26- MAY -1992
3 -JT_RV -1992
TUE
42
27- MAY -1992
T1I[J
w=
34
`2 8- MAY -19
9 2
1111-iL7
33
29 -MAY -1992
F12=
31
30-- 7v1AY-1992
SAT
31
We -:ak1y Total 211
Dai 1y Average
--------------------------
30
3I- MAY -1992
SUN
19
1 -, :JUN -1992
MON
29
2- -.7LJAT -].992
TUE
42
3 -JT_RV -1992
N&TjED
77
4- TU1.V -1992
T1I[J
41
S- J1JN -1 -992
F1CS
33
6 -JLJiV -1992
SAT
40
WaeK:.l -y Total 281
Da.].1y P.vcra.ge - 40
].
YELLOW CAB COl�'ANY
--STY OF RANC' (D --UCFsNIONC;A
RSDERSH2P STATSSTSCS
7 -JL'N -1992
SLTZ\T
25
8 -JUN - 19 9 2
MON
27
9 -JUN- 19 9 2
TUE
17
10 -.JUN -1992
WED
22
11 -JUN -1992
THLJ
29
12 -Ji -1992
FRS
34
1 3 -JUN - 1 9 9 2
SAT
26
.__---.--------------------
Wec -k 1y Total
--____
3-80
- - -_
- - -- -------- --
Dai -1y Average
-
25
14 -JUN -1992
SUN
29
15 -JUN -1992
MCN
31
1 6 -JUN - 1 9 9 2
TUE
2 8
17 -JUN -1992
WED
33
18' 7UN -1992
IT=
18
19 -JUN - 19 9 2
FRS
2J-
2 0- JUN - 19 9 2
SAT
43
Wea}c1y Total 201
--------------------------
y Average
28
21- ,7131\1-1992 SUN
24
22 -JTRV- -1992 MON
20
23 -JiAV- -1992 TUE
26
24 -JIJN -1992 N F=
23
2 5- JUN - 1 9 92 THU
21
26- JUN --1992 FRS
29
2 7 -,7 TILT -19 9 2 -CLNT
4 3
Wc- _e)v1.y Tot-t1_ 186
Dai_�y Avr_raga 26
�rET�.ow cA8 col�mAWY
CSTY OF RANQio CUC�,MONCzA
RS DERSI -ISP STATSSTSCS
28
-v UN -1992
STJ1V
1'J
29
-JUN -1992
MON
22
30-
JUN - -1992
11'[3E
19
1--,TUT-,-a-c-)92
-.JL.Z -1992
lAr=
36
2
-JCTL, -1992
1111IT1
47
3
-=- -1992
FRS
34
4 -JUT,
-1992
S T
33
Weekly Total 208
Daily Average 29
5
-J"UT- -1992
SLJiV
30
<S-JLJL
-1992
MOW
37
7-
-TUTL, -1992
T2TE
29
8
-.JL.Z -1992
WED
31
9
-JL7L.- 1992
•17-5.LJ
31
10
-JUL -1992
FRS
41
11
-ITUT- -1992
SAT
35
Weekly Total. 234
Daily Averages -33
12 -,TUT, -1992
SLJW
32
3.3 -CI[S7 -1992
MON
36
3-4--OT-U--1992
TLJE
25
15- JUL-1992
WED
32
16 -.JUT, -1992
=T[j
43
17- .TUT -- -1992
FRS
52
18- -J17L, -1992
SAT
44
Weeky i'ot.a1 264
D�.ti_1y Averac3e 38
3
v�r .TOW CAB C_OMP.A7.w
CSTY OF ZANCHO CUCAMONGA
RIDERSH= P STATSSTS.CS
19 - J'LIL, -19 9 2
2 0 -JUL- 19 9 2
21- JLTL -19 9 2
2 2- JCIL -19 9 2
2 3 - JT�L - -19 9 2
24 -.7"C TSB -19 9 2
wealdy 'SOta1
Daily Average
SLJN
32
MO1V
3a
TUE
27
WED
36
TYiLT
27
VV=
32
SAT
25
217
31
26 -JL7L -1992
SiJN
17
27 -JULY 1992
MON
26
28 -.7UL,- 1992
'1'T 7E
31
29 -,7UI- -1992
VV=
26
30 - -JUT- -1992
rl=
25
31 -JLZ -1992
FIT=
23
1 -A3G- -1992
Si Ir
34
-
---- - Total 182
------------------- -__ - --
Daily Averages 26
GRAND TOTALS
u;ca]c1y Average
222
--------------------------- Average
32
4
EXHIBIT #8
C. 5436 OSR 244, et al. .Alt. RDG - HK
Environmental, Considerations
In enacting the California Environmental Quality Act of
1970 (CEQA) , Public Resources Code Section (Pub. Res. C. Sec.) 21000
et seq., the Legislature established a state policy requiring con-
sideration of environmental as well as economic and technical factors
in evaluating regulatory actions and programs. This policy is clearly
declared in Pub. Res. C. Secs. 21000 and 21001 and broadly expressed
in paragraph (g) of both sections:
"It is the intent of the Legislature that all` aggnc�=
of the state government which regulate activities
of private individuals corporations, and public
agencies which are found to affect the alit of
,the environment, shall regulate such act vibes so
at ma or consideration is given to preventing
env ronmenta ai%mage. " -(PUE- Res. C. sec. 21000(g).)
"The Legislature further finds and declares that it
is the policy of the state to: ...gequire governme,
Res. C.
In some instances CEQA requires that this policy be imple-
mented through preparation and consideration of an environmental
impact report (EIR) prior to agency decision making. (See Pub. Res,
C. Secs. 21061 and 21100.) However, EIRS are required to be prepared
by state agencies, boards, or commissions only "on any project they
propose to carry out or approve which may have a significant effect
on the environment." (Pub. Res. C. Sec. 21100, emphasis added.) - --
Although the policy provisions of CEQA (Pub. Res. C.
Secs. 21061 and 211001, supra) apply to this proceeding, the EIR
provisions (Pub. Res. C. Secs. 21100 et seq.) do not. (Re environmental
Impact Reports (1973) 75 CPUC 133, 142 and 243, 246, writ denied,
SF No. 23034, January 16, 1974.) The key term "project" is defined
in Pub. Res. C. Sec. 21065 to include only the following agency
actions:
(a) Activities directly undertaken by any public
agency.
-72-