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Home My WebLink About1980/09/17 - Agenda Packet• n U 0 I C O� F � 2 U > 1977 CITY OF RANCHO CUCAMONGA CITY COUNCIL AGENDA September 17, 1980 AGENDA ITEMS: All items submitted for the City Council agenda must be in writing. The deadline for submitting items is 5:00 p.m. on Thursday prior to the first and third Wednesday of each month. The City Clerk's office receives all such items. 1. CALL TO ORDER. A. Pledge of Allegiance R. Roll Call: Frost_, Mikels_, Palombo_, Bridge_, and Schlosser_ C. Approval of Minutes: September 3, 1980. 2. ANNOUNCEMENTS. a. Advisory Commission meeting, September 25, 1980 at 6:30 p.m. in Lions Park Community Center.. b. September 30 beginning at 9:00 a.m. at Lions Park Community Center, Public Meeting with State Senator Ruben Ayala regarding the County's proposal to conduct an exchange of Guasti Regional Park land to facili- tate the construction of the West Valley Law and Justice Center. c. Nomination of Advisory Commission member for the Cucamonga (91730) area. • City Council Agenda -2- September 17, 1980 3. CONSENT CALENDAR. The following Consent Calendar items are expected to be routine trod non- controversial. They will be acted upon by the Council at 0,.q time without discussion. a. Approval of Warrants - Register No. 80 -9 -17 for $261,67.4.88. 1 h. Authorization for Community Service Department to _ voli�it bids and award contract for janitorial ...vice at Ci q Hall and Linn. Community Center. C, Site Approval 80 -07: Acceptance of Bond and Agreement -- 3 Day Care Nursery located at 9575 San Bernardino Road. Faithful Performance Bond $ 5,800 Labor S Material, Bond 5,800 RESOLUTION N0, 80 -83 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMONGA, CALIFORNIA, APPROVING IMPROVE- • MEN'C AGREEMENT AND IMPROVR4ENT SECURITY FOR SITE APPROVAL 80 -07. d. Trnet 9420: Rol vase of hnnd. Located on the nortiiaast 12 corner of Banvnn Street and Rellnnn Avenue. (bane. r: - - - -' -- Nub.ink II1tC rna[ional, Inc. Faithful Performance Bond $ 64,000 Q. 'Tract 9180: Release of bond. Located on the snuth side of M;mzanita, west of Beryl. Owner: Kenneth Elmore. Faithful Performance Bond $ 70,000 I. 'fr,lrt 9522 -1: Release of bonds. Located nn the east side 12 of Rainona Avenue, south of Church Street. Own,tr: --- '-- -__ "' -- Marhurough Development Corp, Lahnr h Material Bond (sewer) $ 26,000 I.,ihor h )laterlal Bend (water) 29,500 [oh" +r F. Material Bond (rood) 71,060 9 'Pratt 9h22 -2: Re L•n sc of hnnd,. Located nn the ea.sl side 13 of I'ur .... r ,lure ne ,mith of Glom], Stro.t. Own. r. N-I IbnrnnKh Homes, Inc. I..tbor 6 Mnrorlal Land (sewer) $ 18,000 Labor h Mat�,rin1 Bend (water) 2fi,000 Lobar 5 Maur ial Bond (road) 8 1,000 • • I Citv Council Agenda September 17, 1980 h. Tract 9426: Release of bonds. Located on the north sid of Hillside, west of Turquoise Avenue, Owner: Crowell/ Leventhal, Inc. Labor & Material Bond (water) S 16,000 Tabor & Material Bond (road) 25,000 i. Tract 9447: Release of bond. Located on the northwest corner of Church Street and Ramona Avenue. Owner: Walton Construction Coro. Labor & Material Bond (road) $ 25,000 j. Tract 9448: Release of honds. Located on the southwest corner of Beryl Street and Banyan Street. Owner: Mocker Development Co. Labor & Material Bond (sewer) $ 19,500 Labor & Material Bond (water) 14,000 Labor & Material Bond (road) 47,000 k. Tract 9484: Release of bonds. Located between Beryl Street and Hcll:,nn Avnuo, south of Hillside Road and Rnrth of Banyan Strcut. Owner: David W. Long. Labor & Material Bond (water) $ 11,000 Labor & Matorial Bond (rand) 21,000 1. Tract 9525: Release of bonds. Located northwest of thu intersection of Turner Avenue and Arrow Routr at Elmer Str,•et. Owner! Arnold Anderson. Labor & Material Bond (road) $ 28,000 Lahar & `arterial Boni (water) 19,000 Labor & Material Bond (sewer on -site) 19,500 Labor & Materfnl Band (sewer off -site) 4,500 m. Tract 941e. Relenee of bonds. Located on the east side of Car.nrlinn Street, north of Banvan. Owner: Gary Millrr. Labor & Manorial Band (water) $ 15,500 Idl)or & Matorial 5ond (road) 46,000 u. 'Il-net 9602: I:e lcaeu of bond... Located on north side of San R�rnardino Road rest of Carnolian Strnot. Owner: Mntroeek Ilorto,, In, . i,abar & >Is Teri al Bond (vower) $ 21,500 Lahor 5 Material Hand (wa:or) 21,000 Libor & Ylatcrinl Bond (road) 66.(1(10 13 13 13 13 14 14 U� City Council Agenda -4- September 17, 1980 • e. Tract 9634: Release of bonds. Located on the south side of Banvan Street and on the west side of Hellman Avenue. Owner: Chavanne Realty. Labor 6 Material Bond (sewer) $ 14,000 Labor & Material Bond (water) 15,500 Labor & Material Bond (road) 35,000 p. Tract 9345: Release of bonds. Located south of 19th Street on Cartilla Avenue. Owner: Lewis Homes of Cali.ornia. Labor & Material Bond (sewer) $ 8,500 Labor & Material Bond (water) 21,000 Labor & Material Bond (road) 26,000 q. Tract 9003: Release of bond. Located west of Sapphire and east of the Cucamonga Wash north of Banyan. Owner: Sunflower Land Co., Inc. Labor & Material Bond (road) $ 23,000 4. PUBLIC HEARINGS • A. ZONING ORDINANCE AMENDMENT NO, 80 -01 AND ENVIRONMENTAL_ .48SFSSMENT -FOR A_CONDOMINII:M _CONVER_SI01 11RDINANCE,. The puroosa of the ordinance is to regulate the converFion of apartments intu ownership housing. ORDINANCE NO. 1.19 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. B. EXTENSION OF CONDOMINIUM CONVERSION MORATORIUM. Ao amendment to the existing Cnndnminiom Conversion Marntorinm Ordinance extending its effectiveness to vaYneido with eh,, effective dnte of the Cnndnminium Conversion Ordin.anci,. ORDINANCE: NO. 97 -A (urgency) AN ORDINANCE OF 'I'H r.. CETY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 97 TO I:X'1'IEND THE MORATORIUM TNPOSED 'THEREBY AND DECLARING 'rHE URGENCY THfRF.0F. 14 3.4 15 7 33 City Council Agenda -5- September 17, 1980 • C. VACATION OF CENTER AVENUE. Council had expressed 34 concern for maintenance of the landscaping in the area which was to be vacated. City staff has investigated this further and determined that the location of street rights -of -way and landscaping limits of responsibility are not svnonymous or related. The Citv has a policv of allowing 5 -foot parkways on industrial streets. At present there exists 11 feet for the subject street. Reco^— endation: It is recommended that Council adopt Resolution No. 80 -89 granting the vacation of 6 feet of excess right -of -way on Center Avenue between Foothill and Church Street. RESOLUTION NO. 80 -89 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO 1 BE VACATED, A PORTION OF CENTER AVENUE AS SHOWN l.)' RAP NO. V -008 ON FILE IN THE OFFICE OF THE CI1: CLERK OF THE CITY OF RANCHO CUCAMONGA, D. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -08 - 39 i)E:1SON AND ASSOCIATES, INC. A zone change from R -1 (.single family residential) to A -P (administrative prnfessional) for the development of a 30,000 sq. ft. • prnfessional office complex on 1.84 acres of land looated on the west side of Archibald, .south of Devon - AIN 208- 801 -39 and 40. ORDINANCE NO. 120 (first rending) 50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL. NUMBER 208- 801 -39 AND 40 FROM R -1 TO A -P FOR 1.84 ACRE'S OF LAND LOCATED ON THE (JEST SIDE OF ARCHIBALD SOUTH OF DEVON. E. AN URGENCY ORDINANCE AUTHORIZING AN AMENDMENT TO THJ: 52 CONTRACT BETIDES, TIIE CITY COUNCIL_ AND THE BOARD_ OF ADMINISTRATION OFF THE CALIFORNIA PUBLIC_ EMPIAYFES' I2 ET IR I ?M ENT BYBl'FM In odor to imp Lemont this ccnmcil- approved brnefit for rily rmpinyve.s, it is nocesanry to adopt this ordionnee. Adnplin.; ;hr nrdinancv by urgency eninpl ios wi Lli P.I:.R,S. turn Lllinne and moots uur initiot turret Jute (nr i mplcmontnH nn of Sentoniber 22, 1980, ORDINANCI: NO. 121 (urgenov) 51 AN ORMNANCF. OF 111E CITY COUNCIL. OF T1117 CITY OF RANGHO la R;,1MONf.A� CALIFORNIA, MrEoRiziNG AN AMENOml:N'r in THI! CONTRACT HF.TWE.CN THI: CJJY COONCI1. AND THE BOARD OF AD ?IINISTRATION OF 'rHE CALIFORNIA PUBLiC EMPI,OYBES' RLr(REMF,NT SYSTEM AND DECLARING THE URGENCY THEREOF. Citv Council Agenda • -6- 5. CITY MANAGER'S STAFF REPORTS. A. THE HEARING OF A COMPLAINT _REGARDING CABLE T.V. BY MR. U. E. BAUERS - -- September 17, 1980 B. _,QIL.BT FROM CONGRESO PARA PUEBLOS UNIDOS TO ESTABLISH A HUMAN RELATIONS C07BNI'ITF.E FOR THE CITY OF RANCHO CUCAMONGA. Mr. Arnold Urtiaga will address the City Council re- garding a proposal to establish a Human Relations Committee for the City of Rancho Cucamonga. 6. CTTYATTORNEY'S REPORTS. 7. ADJOURNMENT. • 54 1067 CITY CF ;7ANCHO CL'CAMONGA WARR M VEN N V E N C 0 R N A M E 04766 04767 '74768 04769 ^4770 J4771 ^4772 04773 04774 04775 04776 ^ 1,777 04778 04779 ^, 0 0 4 P, 2 04783 9' 51 K ISHF -LENC WH I TN CULL' PU8Ll PUBLI R ICHA CAN K• EMPLO SAY B N AT S AN L' AL P PCSTP CHAMI CLUE SAN 0 ANGEL KISHE C E G E'+ EM SC ISTIN'" CERAL�SAVING RY WS INC RETIREMENT S RETIREMENT S R HERESA OEVLPVNT CEP CC EMPLOY C F COMM OEVEL [NO ASSOC GO LLOGG UNIT F COMMERCE 1ND ASSOC GO WARE NALC ISTINF NMF"NT NMENT NMENT NMENT 0004 A -t LINEN 0031 CH INTL- ORUNING CIV 0175 AIRITE HTG L A C INC 0235 ALTA FIRE EQUIP CO 0435 ANTHONY POOLS 048C ARENA FORD 090C AUTHCLET, BEVERLY 2030 CAI 230` CITY CLERKS ASSOC OF CA 2331 COCA COLA BOTTLI';G CO 2384 CUMMUNICATLON FNG,i CORP 2456 rO SAN BERNARCINO SHERI 2975 CUCAMONGA CO WAT %:R GIST 2595 CUCAMCNGA PRINTI'1G 2FO` CICTAPHOAE 330C EMPEY. HARRY J 4600 GEN ER.AL TELEPHONE CO 477° ';RANI, JFRRY R 4779 CREEN ROCK GARCENS 1,865 HCGAN, BARRY K 4900 HOLL'EY, WILLIAM L 4995 HUBBS, LLCYO 511C IM INLAND PCWER SWEEPING 5275 INTL CITY MGT ASSOC 6105 J C PENNEY 6601 K -MART 4C56 663C LAM, JACK 6640 LAIRC, CONSTRUCTION CO 6851 LOS ANGELES TIMES 7182 MOMT SERVICES INSTITUTE 7186 MARCCTT, MICHAEL 72CC MARTINEZ UNION SLRVICE 7290 ?,FAR -5 Y.EL 7293 MC ELENNiiY. F 73GJ ''fL E; F'RFCOIF B 7175 MCNAHiN CLAUDIA 7500 NATL AS�CC OF HO!'F" BLOB 7740 P'RKINS WELCING SERVICE 782C "PICT; COLOR PRESS 709` THE .UEEN MARY T';L'R 9020 uAM I;F:L, CONSF:PCION 404; 'ANCHC CISPIISAL SERVTCi 807`, 'AP 11; CA IA INC 8104 HCNAES CLERICAL SLRVICE 81`C ?ITZ CAMERA CENT -.R 820C RCJINSL'N, JAMES I' 8317 SLAG 839( SLLITHERN CALIF ECISON 83'15 SCUT! -ERN CALIF GAS CO 839t SC CA LA, \CSCAPE MGT WARR DATE WARRANT717 /80 CISCCUNT NET 265.21 1.2`8.00 78.21 39.28 6.349.36 6.070.35 5.800.00 51936.46 21442.01 1,261.50 5C9.24 191103.00 5G.0C 72.41 37.50 31251.31 11341.00 59.00 17.50 150.00 142.50 15.79 155.93 18.18 112.50 176.69 45.00 9.00 35.00 90.50 56.13 1791053.83 730.64 55.65 523.38 150.00 3.75 125.00 78.23 150.00 150.00 200.00 206.63 2,741.25 23.45 33.26 105.97 200.00 30,143.10 9.20 2CB.75 662.35 198.88 60.00 90.00 845.00 67.CO 10.00 780.00 114.48 176.00 125.00 60.00 0`5.90 329.98 41.91 150.00 30.00 96.46 47.69 4,407.67 R867 CITY OF RANCHO CLCAMONGA WARR 0 YEN 0 V E N C 0 R N A N E 94784 839E SCUTHLANC PAPER CO 04785 8525 STATIONERS CORP 34786 8548 SUMIN• ROBERT 04787 8700 T14E HRITE TOUCH 04788 9290 NEST END UNITED HAY 04789 VOIC FINAL TCTALS 0760A 8317 SAN CERNAROINO ASSOC G0 WARRANT RARR NT NET DATE 9/17/80 252.80 9/11/80 944.44 9/17/80 3bb .00 9/17/80 105.00 9/17/80 60.67 9/17/80 8128180 _ - 261r6 14.BB 2_ • • n U E 1 CITY OF RA \'CI -10 CMAI%"\CA STAFF REPORT DATE:, September 17, 1980 TD: City Council and City Manager FROM: Lloyd Hubbs, City Engineer SQBJF 1 Site Approval 80 -07 - Acceptance of Bond and Agreamnt The subject site approval is for a Day Care Nursery located at 9575 San Bernardino Road. GUCA. Oh Z 1977 The attached Resolution is for the acceptance of the agre t and bonds submitted by the developer for Street Improvements. $5,800 - Faithful Performance Bord $5,800 - Labor and Material Bond cm.RO.uri2ILD O(ouP It is recnmmsded that the City Council adopt the attached Resolution and authorize the Mayor and City Clerk to sign and accept the agree- ments and bonds. Respectfully Submitted, *�Z� IH:BK:jr AttaCllR nts RESOLUTION NO. 80 -83 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR SITE APPROVAL 80 -07. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Agreement executed on August 26, 1980 by Eugene and Theresa Richardson as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located 9575 San Bernardino Road. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in Planning Commission, Site Approval No. 80 -07; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient improvement security, which is identified in said Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said improvement security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest • thereto. PASSED, APPROVED and ADOPTED this day of ,1980. AYES: NOES: ABSENT: ATTEST: Lauren 14. Was3erniun, City Clerk 4 Phillip D. Schlosser, Mayor CI'1Y OF RAt:C111 NCA41OM7A IMPROVI -1 ENT Af�PELNEIIT • (1'l Inn ion, C earl I as Ion Resolution No. BO -36 ) KNOB ALL ME!: fY 'lll!fSF PRESENTS: That this nRrccmont is made and entered into, in a +nfaea:m re eWi the prnvi s ions of the Yam icipal Code and Regula- tions of the Cite uC Ran rho Cucann olio. State of Cal i:ornia, a municipal cor- pornCion, L•ere!:+alLer roferred to as the City, by and between said City and Eugene Richardson hercinatter referred to as the prvclepvr. W T'NES S Ell I: TIBET, WMIRE AS, p„ramnt to said Code, Dcceloper has regnest!`d approval by' tl:e Cite of, Site frpp!o'ial BO -07 _ in accordance with the provisions of the repo Pt of the Commun iCV Dece lopmn of Director thereon, and any amendrents thereto; located at 9575 San Bernardino Road and, IMERP,i S, the City has established certain requirements to he met by said dcvgloper prior to granting the final approval of the development; and • l+IIRFAS, the axecutien of this .r,reement and posting of inprovenrent security as `r.err:inafter cited, and appreeed by the City Attorney, are deemed to be equivalent to prior crmpletion of said requirements for the purpose of securing said approval.; • NOW, THERkFORL, it is hereby agreed by and between the City and the Developer as follows: 1. 1hr-dc'••oloper hereby agrees to construct at developor's expense all imprevemenh: dovcrihod on page 3 hereof within 12 worths from the date hereof. 2. The term of this agreement shall be 12 months , cer„moncing on the date of Pxcc,ition here,,( be the City. This agreement sha11 be in defm,1L on the day follr•wing the last day of the term stipulated, unless said term has hecn oxtundcd as hereinafter provided, 3. the Develeprr rav regacnt additional time in which to complete the provi- sioms of this: ap.rr•enonr, in writ inY. nut I", Lh.an fanr woeks prior to thn default dal c, and includlnf; a stntereat nC circucstancea of necessity for additional tim,,. In Consideration of such regm•st, the City reserves the riitht to rryir•w thy prnvisinn= hereof, ineludi.ug construction standards, cost rsLir'.a Co, Ind suffici en rc rf the itnproerment r:enrti[}', and to require adjustments there La when wari'antod by substantial chnngcs therein. Y 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have tale right at any time to cause said provi- sions to be completed by ally iawful means, and thereupon to recover from said Developer and /or his Surety the full cost and expense incurred in so • doing. 5. Encroachment pormiLs .911.111 be obtained by the Developer from the office of the City Engineer prier to dart of Inv work within thu public right Of un9, and tht• de oboe, shall conduct such work in .full cenpliance I:ith the regulaLiron: Clint uinrd therein. Upn -Cam hl ian co may re=n1L in s lipping of the work by the Citc, rvul alse.ssmont of the penalu!es provided. !. Public right of v,ry improvement wort: required 51'.111 I'e constructed in C nnfetmaele wlth P111•rnved Irlprpt'ement plans, $talldard Specificatiunv• and Sl,rnd,n;! !�rnuin:::: nn:! one npvcial :. �.1 .-lent, thereto. Construction shall include any trnns!timr: and /or other , incidental work deemed necessary for drainage or public safety. 7, work done within ex is ing It r ee is 1ho 11 In• d i I it {ently pur.:und to comple- Lion; the C t 111.111 h.lve Lho ril•,hl to romp l rtv any :uld all we rk in the I- vent of un'; iw L i f!rd do 1.1y in cnr:p l et inn, and to recover all oast and o xpeuse inun'rad from the Dave toper and /or 11 is cunt me for by any .lawful means. S. 1'10 De,. "lo"Or :,bull bo responsible far rnP Llr cmeu L, re!oc:ltion, or re- moval of any component of any irril;rlL(ou water system in conflict with toe required wor!: to the satisfaction of the City Engineer and the owner • Of the water system. 9. The hovel epee shall bo r"pons i1' to fur rvr.:ovnl of all loose rork and Other 110111 11 from Lill, public rig!1t of way resod Ling from work, done on the adja- cent Property or within said right of way, 10. 'fhm Ilevrl lip •r x.1.111 plant nn11 nlaintair parkway trees as directed by the Community Development Direetor. I1. The improvement security to be furnitshed by the Developer to guarantee c OM1110 ion of the terms of this ngreement shall be subject to the approval of Lhe City Attorney. Tile principal amount of said improvement security shall be not less than the amount shown below: I!IPROVENENT SECURITY ',UB"11TED: Faithful Performance Rand TYPE SURETY /AGENT PRINCIPAL AMOUNT Material and Ldber Bond 21 IN WIT:'1:5S HEREOF, the parties hereto have caused these presents to be July esrc�crd and avknowlodged with all Formalities required by law on the dates • set forth opposite their signatures: DEVELOPER �p BY 6Y: 3.. `� _ / DATE: WITNESS. DATE: BY: ATTEST: DATE: RCE12B lJ CITY OF RANCHO CUCMIOPIGA, CALIFORNIA a municipal corporation I MAYOR CITY CLERK P,,% r r. : (9/ 1/00 VERMT r m). COMPMET) BY john Martin file R,!Crrcncc SA 80-07 CiLv Drawing No.9 • P.O 1'I:: n,a•g tl,,t inr I ... le currvot fvp rfir writitig PvrmiL or povoincmit rnplace- Wcnt dcj ... Ui. CONSTMIM'10N cn,;i nsim,%TT7 • TOTAL CONSTRUCTION COST $4835 0 IR 0 • ITISPECTIOP FEES IT4 f ( \DA:: I'i'!'S IRlii ll;d (1' C(1S'C $ A.`7(ll CO:157ilUCTIII:J I:iC REC'1'ION - nr r:,.t: L ri, ec ion CnIt rSt intnIC L.s. l,..q L.s. 241.70 V I t'lIT n' lit F' :'q T.. I'i.11'I ta'J: I' PAVE'lr:;r NJ I'. II'..`l( L. F. STO RE 'I: \II'.'tt ?i. I!! I. TOTAL INSN1 CT(ON PEES . . . . . . . . . . . .. . . . . . . . 5 i(. COai`ACI'ID:I IFST FEKS . . . . . . . . . . . . . . . . . . . . .$ 111. )a'. (;nMTI:(;GNCIi.S . . . . . . . . . . . . . . . S 453.5 IV. [)[:SIC,:] FCC!; (10 If 1utn1 Cun?Lru<Linn C1,SL G::[imat,o) . . . . $ 423.5 IOT,AL $ 5802.0 Tnit6Cu1 Por[nrtamttc pond = $ 5'00 N,toi inl and L.tbur lined = < 5800 Hai:tLCmmnrr. Rued $ Cash `Wn.menting Deposit = $ RCE22E l .DUPLICATE ORIGINAL FAITHFUL PERFORINIiTCE GOLD VaIERGAS, thee City Council of the City of Rancho Cucamonga, St atc of California, and Eu eoe Richards on (hereinafter designated as "principal ") have entered into an agroement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated August 19th , 1980 , and identified as is hercUy referred to and made a part hereof; and, l'ItERG�,S, said principal is required under the terms of said aorcerient to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and Balboa Insurance Company as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called "City "), in the penal sum of Five thousand eight hundred Dollars (5,300 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, execu- tors and administrators, jointly and severally, firmly by these present,. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration thereof node as therein provided, on his or their part, to be kept and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such Obligation, all to be taxed as costs and included in any judgment rendered. The su r.e t•; hcrchy stipulates and agree, that no chanae., ex- tcnaion of tire, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the spec - ifications aecomh "vnyina the same shall in anywise affect its Obligations on this bond, and it does hereby waive notice of any such channe, exten,ion of time, alteration or addition to the teems of the agreement or to the work or to the specifications. IN WIT;1r755 V;IICRCOF', thi inntrument has boon duly executed by the principal and surety above /named, on August 19, , 19 RO 0 •I 1 LABOR AND PIATCRIALMEN BOND WHERLAS, the City Council of the City of Rancho Cucamonga, • State of California, and Eu�e Richardson (hereinafter designated as "principal ") have entered into an agrcement whereby principal agrees to install and complete cer- tain designated public improvements, which laicl acreement, dated -August 19, `, 1980 , and identified as pro- ject $ite Approval 80-07 i. is hereby referred to and made a part hereof; and, BALBOA INSURANCE COMPANY wiU:F LY,S, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a good and sufficient payment pond with the City of Rancho Cuca- monga to Secure the claims to which reference is made in Title 15 (commencing oath Section 3082) of Part 4 of Division 3 of the Civil Cody_ of the State of California. • 1;0;1,' THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material - men and other persons employed in the performance of the aforesaid acreement and referred to in the aforesaid Code of Civil Procedure in the sum of F {vo 1hvu5and._e.iNllt_hundred Dollars (a5 gQQ ), for materials fur.nishod or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hercinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by City in successfully enforcing such ebligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3062) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The s:u'ety hereby st i.hula to? aad agrees thnL no change, ex- tcnsion of tii-,c, alteriti.cn or additinn to the terms of said nnrc ^meat or the specifi�7at.iens .accompanying the same shall in any manner aff.ect its oblimat.ion, on this bond, and it does here - b, w.iive notice of any such change, extension, alteration or ad- dition.. III b:I T ?!!:FP NI!CPROP, this ins'crwr'.cnt has been duly executed by the principal and surety above named, on August 19, 19 80 . EUGENE RICHARDSON 1 1, ' ' " it ''BALBOA'INSURANeE COMPANY *1 J 9 CITY OF RANUiO CL,CAMCU'VGA STAFF REPORT DATE: September 17, 1980 TO: City Council and City Manager /7 FROM: Lloyd Hubbs, City Engineer l /1 �i- SUBJECT: Consent Calendar, Release of Bonds Tract 9420 - Located on the Northeast corner of Banyan Street and Hellman Avenue OWNER: Nubank International, Inc. 9014 W. Olympic Blvd., Beverly Hills, California 90211 Faithful Performance Bond $64,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. Tract 9380 - Located on the South side of Manzanita, West of Beryl OWNER: Mr, Kenneth C. Elmore 26 E. Las Flores Arcadia, California 91006 Faithful Performance Bond $30,000 The road construction has been approved as being in accordance with the road improvement plans and it is recommended that the City Council accept the roads. Tract 9422-1 - Located on the East side of Ramona Avenue, South of Church Street continued... OWNER: Marborough Development Corp. 2029 Century Park East Los Angeles, California 90067 Labor and Material Bond (Sewer) $26,000 Labor and Material Bond (Water) $29,500 Labor and Material Bond (Road) $71,000 Staff Report Bond Release September 17, 1980 Tract 9422-2 - Located on the East side of Turner Avenue South of Church Street • OWNER: Marborough Homes, Inc. 2029 Century Park East, Suite 1550 Los Angeles, California 90067 Labor and Material Bond (Sewer) $18,000 Labor and Material Bond (Water) $26,000 Labor and Material Bond (Road) $81,000 Tract 9426 - Located on the North side of Hillside, West of Turquoise Avenue OWNER: Crowell /Leventhal, Inc. 1260 West Foothill Boulevard Upland, California 91786 Labor and Material Bond (Water) $16,000 Labor and Material Bond (Road) $25,000 Tract 9447 - Located on the Northwest corner of Church Street and Ramona Avenue OWNER: Walton Construction Corp. 511 West Citrus Edge P. 0. Box 775 Glendora, California 91740 Labor and Material Bond (Road) $25,000 • Tract 9448 - Located on the Southwest corner of Beryl Street and Banyan Street OWNER: Meeker Development Co. 132 East Live Oaks Avenue Arcadia, California 91006 Labor and Material Bond (Sewer) $J•.}..j90 )Y,ivO Labor and Material Bond (Water) $14,000 Labor and Material Bond (Road) $47,000 Tract 9484 - Located between Beryl Street and Hellman Avenue, South of Hillside Road and North of Banyan Street continued... OWNER: David W. Long 12031 Vista Street Etiwanda, California 91739 Labor and Material Bond (Water) $13,000 Labor and Material Bond (Road) $21,000 13 • Staff Report Bond Release September 17, 1980 • Tract 9525 - Located Northwest of the intersection of Turner Avenue and Arrow Route at Placer Street OWNER: Arnold D. Anderson 520 N. Euclid Avenue Ontario, California 91762 Labor and Material Bond (Road) $28,000 Labor and Material Bond (Water) $19,000 Labor and Material Bond (Sewer on -site) $19,500 Labor and Material Bond (Sewer off -sire) $ 4,500 X59( Tract 9426 - Located on the east side of Carnelian Street, North of Banyan OWNER: Gary Miller 23625 E. Maple Spring Drive Diamond Bar, California 91765 Labor and Material Bond (Water) $15,500 Labor and Material Bond (Road) $46,000 Tract 9602 - Located on the North side of San Bernardino Road East of Carnelian Street • OWNER: Matreyek Homes, Inc. 655 N. Mountain P. 0. Box 1410 Upland, California 91786 Labor and Material Bond (Sewer) $21,500 Labor and Material Bond (Water) $22,000 Labor and Material Bond (Road) $66,000 Tract 9634 - Located on the South side of Banyan Street and on the West side of Hellman Avenue OWNER: Chavanne Realty 4010 Palos Verdes Drive North, Suite 101 Rolling Hills Estates, California 90274 Labor and Material Bond (Sewer) $14,000 Labor and Material Band (Water) $15,500 Labor and Material Bond (Road) $35,000 Tract 9345 - Located South of 19th Street on Cartilla Avenue OWNER: Lewis Homes of California P. 0. Box 670 Upland, California 91786 Labor and Material Bond (Sewer) $ 8,500 Labor and Material Bond (Water) $21,000 Labor and Material Bond (Road) $26,000 r�L 0 CITY OF RAKCI -10 CCG1M0 \CA STAFF REPORT DATE: September 17, 1980 TO: Members of the City Council FROM: Jack Lam, Director of Community Development BY: Barry K. Hogan, City Planner SUBJECT: ZONING ORDINANCE AMENDMENT NO. 80-01 - CONDOMINIUM CONVERSION ORDINANCE - The development of an ordinance to set up standards for the conversion of apartments into ownership housing. ABSTRACT: Pursuant to City Council direction at your last meeting, we have set ZOA No. 80 -01 for second reading. Attached please find the previous staff report and a copy of the proposed ordinance. RECOMMENDATION: The Planning Commission recommended that the City Council adopt the Condominium Conversion Ordinance as recommended. Respectfully submitted, JACK LAM, Director of Community Development JL:BK.H:Jk Attach. ►5 • • • STAFF ~REPORT w GATE; June 25, 1980 TO: Planning Commission FROM: Jack Lam, Director of Community Development BY: Barry Hogan, Senior Planner SUBJECT: ZONING ORDINANCE AMENDMENT N0. 80-01 - CONDOMINIUM CONVERSION - The development of a Condominium Conversion Ordinance ABSTRACT: As the Commission will recall, this item came before you on May 14, 1980, and on the previous occasions of March 26, and April 30, 1980. Various discussions have ensued over the need, lack of, and purpose of Con- dominium Conversion Ordinance. A special committee of the Planning Commis- sion was set up to review the proposed Ordinance and suggest changes to make it acceptable to the Planning Commission. This committee met on Tuesday, June 3, 1980, and outlined the various changes to be made in the Ordinance. Attached please find a revised copy of the Condominium Conversion Ordinance. We have dashed out those items which the committee recommended for elimina- tion and inserted corrections where the committee desired. It should be noted that Section 6 has been amended to allow for 264 dwelling units to be converted in 1980. Additionally, a Section C has been added which will expire Section 6 -A within 5 years of the effective date of this Ordinance. We feel that with the changes recommended by the committee, the Ordinance should now be acceptable to the Planning Commission. RECOMMENDATION: If the Planning Commission concurs with the recommendations of the sub - committee, then adoption of the attached Resolution is recommended. Respect 1 mitt , JACK LAM, Director of Community Development JL:BY,H:jk Attachments: Proposed Ordinance Resolution of Approval - Condo Conversion Ord. �. (Revised 6- 12 -80) ORDINANCE NO. 119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO'CONDOMINIUMS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: PURPOSES: A. The City Council finds and determines that the conversions of apartments to community apartments, stock cooperatives and condominiums affect the public health, safety, and welfare; and that such projects, which are subject to the subdivision regulations of the State of California, should be regulated by local ordinance. The City Council determines a need to regulate the conversions of existing buildings to community apartments, stock cooperatives and condominiums so as to: • 1. Encourage a balanced supply of rental and ownership housing in the community and a variety of choices of tenure, type, price, and location of housing. I`1 2. Maintain and encourage the supply of affordable housing, both ownership and rental, for low -and- moderate income persons and families; and 3. Promote the residential stability and quality of the community by developing neighborhood identity, discouraging displacement of residents, and facili- tating affordable home ownership opportunities and rental ownership opportunities for the community. 17 C C The City Council, therefore, states its express intent to set such standards and regulations necessary to insure that apartments and like structures being converted will be in the best interest of the community. . SECTION 2: DEFINITIONS The words and terms used in this Chapter shall have the following meaning unless the context clearly indicates otherwise: A. Community Apartment: Community Apartment as defined in Section 11004 of the Business and Professions Code, containing two or more rights of exclusive occupancy. B. Condominiums: Condominiums as defined in Section 1350 of the Civil Code: "An estate of real property consisting of an undivided interest in common areas, together with a • separate right of ownership in space." . C. Conversion: The process or act of subdivision, in accordance with the Subdivision Map Act, of existing rental dwelling units into condominiums, community apartments or stock cooperatives. D. Pest Report: An inspection and written report conforming to the requirements of Section 8516 of the Business and Professions Code of the State of California including documentation of conditions ordinarily subject to attach by wood destroying pests and organisms. • E. Project: Project means a condominium, community apart- . ment, and stock cooperative. F. Stock Cooperative: Stock cooperative as defined in Section 11003.2 of the Business and Professions Code: property consisting of dwelling units owned by a corporation whereby shareholders receive a right of exclusive occupancy in a portion of the real property owned by the corporation. SECTION 3: APPLICATION INFORMATION REQUIRED No Tentative Map for the purpose of conversion will be accepted for filing unless it is accompanied by an application which in addition to the information required by the Subdivision Map Act and the Subdivision Ordinance, contains all of the following information • and documentation: • A. Specific Requirements: ___-Theapptirant's _pcq } ected_perceatage -of -the -ex istiag .number- .o£- LCVxx+LS- needed- te- 6uy -ikeic -dwell i•Ag -ynii tiff order-- tomake -tbe - c- onvepsion- pcejest- eseaerxiea; 3y- fitt+sibl -e. -9. � --- Es4.irm-te4 +oar -ket- -value o4- eac-k -weit f Terms of proposed assistance, discount, or other financing program to be offered, if any, to present residents for the purpose of subsequent unit purchase; • __q__ _Proposed_DCO9tDUl.9f_T'eloca ti.grc.assi,stanrn _ta Jaq,_ eF #erect- by- ttte- applir�!T i%arSy� -- §,- Makeup- of- existdnc} tuna �r hniicahnitiS.- incLudtng._ fem i a Y- s- i-zc1- a�K}tJF of- tasider�ce. age n£ _tenants. and-whether - recaiuing 1ecleraL ar_ state _rent -subsidies; 4,---yroposed.4lomenwn 2- s.Atsnciati=_fee.- p, ,7. Names and addresses of all tenants. When the subdivider can demonstrate that such information is not available, this requirement may be modified by the Community • Development Department. 3. -8: The subdivider shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of said notice is not submitted. 4. --9,- A report of field test by a qualified independent testing agency as specified in the Uniform Building Code showing that the wall separation and the floor and ceiling separation between units shall provide the same airl:orne sound insulation as required by • �?G ( 5 ` the most current Uniform Build(.g Code requirements adopted by the City. If the report shows that these standards are not met then the applicant shall • indicate that he will complete improvements necessary to meet these requirements prior to any sale of said converted apartments. In cases where units are occupied by tenants, who have initiated a contract for the purchase of the units, the improvements for such soundproofing shall be complete prior to the sale of the unoccupied units.. A copy of the proposed declaration of covenants, conditions and restrictions which will apply and which shall include an agreement for common area / maintenance, including facilities and landscaping, • together with an estimate of the initial assessment fees anticipated for such maintenance; a description of a provision for maintenance of vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit. • 6. - -Y1-: A physical elements reports which shall include but not be limited to: (a) A report detailing the condition and estimating the remaining useful life.. of each element of 021 the project proposed for conversion: Roofs, r foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming • pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air - conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Such report shall be prepared by an appropriately licensed contractor or architect or by a registered civil or structural engineer other than the owner. for any element whose useful life is less than five (5) years, a replacement cost estimate shall be provided. (b) A structural pest control report. Such report • shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (c) A building history report including the following: (1) The date of construction of all elements of the project; (2) A statement of the major uses of said pro- ject since construction; • �a c � (3) The date and description of each major repair or renovation of any structure or • structural element since the date of con- ' struction. For the purposes of this sub- section a "major repair" shall mean any repair for which an expenditure of more than $1,000 was made; (4) Statement regarding current ownership of all improvements and underlying land; (5) Failure to provide information required by subsections (1) through (4), inclusive, shall be accompanied by an affidavit, given under penalty of perjury, setting forth reasonable efforts undertaken to • discover such information and reasons why said information cannot be obtained. *This number has been +2-. -{V'i ''- t {hT%3'MTE7Qe -0a -4 0eRt. -to - roRAQPt -shat l_be relocated in- its -en- 'tirety to Section de+i^e'ed- -to,Yer- exist Tn4 -ten Rt= s -dwe}1 iAg_y nit. 4 B B. i{m-formv€- the - notice - spa } } -be -as - apPxeved- by -ipa- L9mm�rcri- ty-- Dcwe}opme•Rt- Bepartment -and- ha11- "RtoiR- ilot` }es - than- the-fo} }oW}Rg+ . LI �•eY� - {hTIP.e -atHi Z)d(it'e5i- Ot- eRRRPR t -AWAeK i_ .{{T }- {hrm- w'dzaddress -of - the - pressed- su`adiv ide r;_ -73 {o- }- .Rppr- G*imata -0 ate- op- wpi6p -the -testa tiv e- map- is- -W'oposed -to-be - €fled: {d}- Appr+o-imat{- daft- ow- wpisp- the- €iaal- map -er- . yarcFl- TrdV -is -tv-be -f i}ed; {c. }- 1vpp.oximata-0ats -oa _which - the - unit -is _ to -be a�ac-ated dy.twnpurchasiag- teRaRts; {% }- right -to - puF6haso j {g.} -- Tenant'. s- right-4f - ROtifisatieR- to -vaca te; {{r }- 3eyarK'rrigpt t €- termiRatieR -e €- lease; - {- i}- Tyis -iprr- fox -spec iat- cases; and-- {r }- {�roµisiorra£ixRµi Rg- expenses. {fir } - Terrtmf'�Rlig#tE- Eo- Purekase: -- Rs- pnevided -in { rove+ �xcvrEGode- SeeEioR- 6448t.iE4 }- aRY- PKeseRt- Ltntant or- Eena++ES o£ any- unit - shall -pe -g iveR -a ROntr7nr�fc�rvb }e- righE- of- ftxs6- xefesa} -te PH4c se -the - urti-E -oee- p+ed -at -a- price -Re - 9Featen- -Gha -tbe prieeoffered -to -the - genera}- Pohlie. T1ie right o�- �iwst- re£usa }- spa}t- extend- €er -a£- }ea<,t _(6gyp }-days -from -the -date - ef- issuaRee- ofi =tire Snrbdrr* sion- Puh}ie- RepoxE- er- noremeRee__ #lent of- salesr-wF+ic4hevex -date- }s - later. - {�-)--{�aarEiorr of- 7krrEf.,.---Eac h- non- purekasing -fens n t; --- iiot -i+r K4e- �fxr }E teclex- Ehe- oh }igaEians- o¢ -the - - +en- !,rl- ,mrccrtrchrt w -h ase-nrtder 7+hieh -he - eeenpt es iris- trcri -t,- sinr }l- -ir�we Mrot - }egs -lknrt v� -knndr ed • .. - tl / .. - eighth- { -1-BO- }.days _fFOm -tWg- date- of- cQC¢ipaf -.. 9 nati- f- tic -tip -from -the - ewalee -of - his -is tent -te oon - t-f-a= -from -the - filing - date -of - the- F4 na4 • Subdw-istio4-t4wr- w4ichever- 4ate4s- later, -te- -f-ind - suhsti- tote- hc�. >ir+g and- te- releeate. __ {a�__�.y� _infvramatioe asimay -he- deemed- Reeessary -by the 1, omMini- ty-0evelop`rent- Bepartment. 13. Other information which, in the opinion of the Planning Commission Director- of- Lonx:nxri- ty-Dere•}oprnerrt, will assist in determining whether the proposed project is con- sistent with this chapter. SECTION 4: PROPERTY DEVELOPMENT STANDARDS C • A. General Requirements: No Final Map for the purposes of condominium conversion will be accepted for filing unless the following requirements, which shall be conditions of approval of the tentative map nre approved: 1. Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted Uniform building Code or other applicable law or regulation. 2. Each unit shall have installed smoke detectors as required by the latest adopted edition of the Uniform Building Coda • 3. For each unit there shall be provided a minimum of 415 Add it 11 le C garage or carport, plus /20,, oR .e total spaces provided for guest parking. non- covered. 4. Each dwelling unit shall be separately metered for • arid gas, ,electricity and-water unless, the City approves a plan for equitable sharing of communal metering. 5. Each unit shall be provided with separate water shut -off valves and electrical main shut off; 6. Each area for trash placement and pickup shall be adequately designated and all refuse shall be removed on a regularly scheduled basis from the premises. 7. Permanent mechanical equipment which the Building Official determines is a potential source of vibra- tion or noise shall be shock mounted or isolated, or • otherwise mounted in a manner approved by the Building Official to lessen the transmission of vibration and noise. 8. Illuminated addresses, and if foune necessary by the Planning Commission; directory maps, for all units shall be prominently displayed from appropriate public or, private access within or adjacent to the project. 9, At least 125 cubic feet of enclosed, weatherproof, lockable storage space is to be provided for each FJ . 4 ` � C unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either, within or exterior to, but shall bear a - reasonable locational relationship to each unit. n L i 10. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. 11. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air - conditioners that are provided are in working condi- tion as of the close of escrow. At such time as the Homeowner's Association takes over management of the development, the applicant shall provide written certification to the Association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the Association is in working condition. B. APPLICATION REQUIREMENTS The applicant shall provide the City with a tentative subdivision map in ,27 L conformance with �: State Subdivision Map Act an( ocal ordinance and a development plan of the project including, but not limited to: 1. dimensions and location of each building or unit, and the location of all fences or walls. • 21 building elevations indicating the type of construction material existing and proposed; 3. Typical floor plans of existing units with square footages of each uRU indicated and the number of units per plan; 4. location of common area and amenities existing or proposed; 5. location and dimensions of parking garage, carport, parking area, access -ways, and any other on -site area reserved for vehicular use; • 6. location of areas for exterior storage space for individual occupants; 7. landscape plan per City standards which specifies proposed trees, shrubs, plants, and ground cover, and indicates exist- ing landscape massing. Species, quantity, and sizes shall be indicated for proposed landscaping only. p• -12.. Evidence that a notice of intent to convert shall be delivered to each existing tenant's dwelling unit. The form of the notice shall be as approved by the Community Oevelopia ent Department and shall contain not less than the folloowiin�'g; l(� (a) Name and address of current owner; • (b) Name and address of the proposed subdivider; (c) Cpproximate date on which the tentative map is proposed to be filed; (d�-- ABBrexi� ate- date- en- wbiek- the - €i pal- �aB- en- Baree;- • map- is- te- be- €i;ed; (e4-- Apprexiwate- date- en- wh4eh- the - unit- 49- te- be- vaeated- by- nepBwrehasip g- tenants; (d) Tenant's right to purchase; (e) Tenant's right of notification to vacate; (f) Tenant's right of termination of lease; (g) Provision for special cases; and (h) Provision of moving expenses. (i) Tenant's Right to Purchase. As provided in Government Code Section 66427.1(b) any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The • right of first refusal shall extend for at least sixty (60) days from the date of issuance of the Subdivision Public Report or commencement of sales, whichever date is later. (j) Vacation of Units. Each non - purchasing tenant, not in de- fault under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than twenty 120 one hundred mighty- -(189) days from the date of receipt of notification from the owner of his itnent to convert, or from the filing date of the Final Subdivision Map, whichever date is later, to find substitute housing and to relocate. (k) Other information as may be deemed necessary by the Community Development Oepartment. 9• '8. Any other information that the Director of Community Development deems necessary to determine whether the proposed project is consistent with this chapter. • SECTION 5: EXEMPTIONS In the event that any of the Property Development Standards required for and the Conversion causes practical difficulties/ are determined to be unnecessary or would result in excessive costs, the Planning Commission may waive, reduce or modify the requirement. Waivers shall only be made for parking, laundry facilities, storage provisions for individual units, and noise and energy requirements. SECTION 6: CONVERSION LIMIT PROCEDURE / A. Annual Limit. The City shall approve the conversion of no more than one -half (,) the number of multi - family rental dwellings added to the City's housing stock (i.e. dwelling units completed and ready for occupancy) during the preceding year, in any one calendar year. The number of multi- family rental units added in one year shall be determined as follows: from January 1 through December 31, the total number of multi - family rental units given a final building in- spection and occupancy permit minus the number of such uni L demolished, removed from the City, or converted to non - residential use, C C • If approval-for a project expires prior to recordation of the Final Tract Map for that project, the number of dwelling units provided in the expired project shall be added to the allocation. in the calendar year of expiration. For a one -time only basis, this ordinance shall establish —2-1 it dwelling units available for conversion in 1980. B. Time Limit. Any multi - family rental unit constructed after the effective date of this ordinance shall be allowed to convert to condominiums subject to the pro- ` visions of this ordinance, five years from the date of • the final occupancy of the project. *Added C. Expiration: Section 6A shall become null and void five (5) years after the effective date of this ordinance, SECTION 7: ACTION BY PLANNING COMMISSION A. The City shall make the following findings in addition to the findings otherwise required for a Tentative Tract Map in order to approve a Tentative Tract Map for the purpose of conversion: 1. the proposal is compatible with the objectives, policies, elements and programs specified in the General Plan and any applicable specific plan. S2. the design or improvement of the project is con- sistent with applicable, general and specific plans 31 3. (she proposal is consistent with the purposes of this 15 chapter. C 4. the proposal promotes with the health, safety and welfare of the residents of the City. • The action of the Planning Commission is final unless appeal led in writing to the City Council within fifteen (15) calendar days. SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a news- paper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho `• Cucamonga, California. PASSED, APPROVED, AND ADOPTED this__ day of 1980. AYES: NOES: ABSENT Jamr.s C. Frost, Mayor I ATTEST: • Lauren B. Wasserman, City Clerk �� r�L n 9 11111 �c ..CA.N- STAFF REPORT DATE: September 11, 1980 TO: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development BY: Barry K. Hogan, City Planner SUBJECT: EXTENSION OF CONDOMINIUM CONVERUON MORATORIUM 4�v1 C F U ABSTRACT: Presented for your consideration is an amendment to the existing Condominium Conversion Moratorium Ordinance extending its effectiveness to coincide with the effective date of the Condominium Conversion Ordinance. In order for this ordinance to be useful it must be declared an urgency ordinance of the City Council. \ R�esI11Q/eeccctfu l)ly ubmitted, JACK LAM rector of Community Development JL:BKH:jk 33 1977 ORDINANCE NO. 97 -A AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING ORDINANCE NO. 97 TO EXTEND THE MORATORIUM IMPOSED THEREBY AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION l: Section 5 of Ordinance No. 97 is hereby amended to read: "This Ordinance shall be of no further force and effect on December 31, 1980 or the date on which a egwpm@W59V ve condominium conversion ordinance of the City becomes effective, whichever is earlier." SECTION 2: This Ordinance is hereby declared an urgency measure necessary for the immediate protection and preservation of the public health, safety and welfare for the reasons stated in Ordinance No. 97 and it shall take effect immediately upon its adoption. • PASSED, APPROVED and ADOPTED this day of 1980. AYES: NOES: ATTEST: • ABSENT: • 7 CITY OF RAINCM CUCAWWA STAFF REPORT DATE: September 17, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Vacation of Center Avenue C�CAMO . C ^� o IU- Z U > 1977 I The City Council,by Resolution, on 8/6/80 had set the Public Hearing for 9/17/80. At that meeting a concern for maintenance of the landscaping in the area to be vacated was expressed. A field investigation by Senior Planner, Michael Vairin (see attached memo) has resulted in a determination that the location of street rights -of -way and landscaping limits of responsibility are not synonymous or related. As you recall,the request for the abandonment is due to the City policy of allowing 5 foot parkways on industrial streets. At present, there exists 11 feet for the subject street. RECOMMENDATIONt It is recommended that Council approve the attached resolution granting the vacation of 6 feet of excess right -of -way on Center Avenue between Foothill and Church Street. Respectfully submitted, LBH:JLM: jaa 3-T RESOLUTION NO. 80 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, • COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ORDERING TO BE VACATED. A PORTION OF CENTER AVENUE AS SHOWN ON MAP No. s -008 ON FILE IN THE CITY CLERK'S OFFICE OF THE CITY OF RANCHO CUCANONGA. WHEREAS, by Resolution No. 80 -75, passed on August 6, 1980, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more particularly described, and set the hour of 7:00 pm on September 17, 1980, in the Community Services Building located at 9161 Base Line, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation; BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds from all the evidence sub- mitted that a portion of Center Avenue is unnecessary for present or pros- pective street purposes, and the City Council hereby makes its order vaca- ting the portion of said City street as shown on Map No. V -008 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been fur- ther described in a legal description which is attached hereto, marked Exhibit "A ", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reserva- tions and exceptions, if any, for existing utilities. SECTION 3: The Clerk shall cause a certifed copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. APPROVED AND PASSED this _ day of AYES: NOES t A;;ti EAT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk 3_!� 1980. •' City Of RL..._ "_.1`ul. lye. 1 of 1 LOCKWOOD ENGINEERING city or nnn �ho CucmnonE;n s "rOS ao &.SURVEYING COMPANY, INC. -- —' ; _ OATL'Tnl 17,1980 3410 West Foothill Foothill 61vd -- p � Pull0. Ce Llorme oucn,nlo" TX —121,28— RC E. rq. 9101 • This .legnl description is for the vacation of the Easterly six feet of Center Avenue along the Data Design Property, presently being developed as Tract 11628, unrecorded. The East 6.00 feet of the West 70,00 feet of the South ],201 .1�� feet of the North 1,T81.16 feet of l,nt 11umber 6, Recording to t.ho mnp Of Tract 22021 as Per plat, recorded in book 36 of maps, pages 6'T and 67'x, records or San Ber- nardino County, California. ( 0.18 noes) THERE ARE NO RESERVATIONS OR EXCEPTIONS FOR THIS STREET VACATION 3(� E1 "12,11 "A:' CI' R v\,cl IO Cuc,vNl ) \G;1 ^ 4T- Si. ENGINEERING DIVISION 3� ,ll'I,I:T_MAP - V-UO8 exlm ;rr:= _— sc�u,l N. .5. • • MEMORANDUM ~I DATE: September 10, 1980 U 1977 TO: John Martin, Assistant Civil Engineer FROM: Michael Vairin, Senior Planner SUBJECT: Vacation of Center Avenue Per the request of the City Council, Planning Commission Staff has reviewed the proposed vacation of Center Avenue in front of the Data Design Laboraties and have the following suggestions to offer relative to the existing landscaping. It appears as though the Council's main concern is that a vacation of the right -of -way would prohibit or inhibit the ability to pro- vide appropriate buffering and landscaping between the residences on the west side of the street and any future industrial develop- ment on the east side of Center. The amount of buffering either for landscaping or building setback is not generally determined totally upon the amount of right -of -way at the given location. The Planning Commission has the authority, through the design review and the development review processes, to require additional landscaping and /or building setback, in order to provide adequate buffering to make the development compatible with other develop- ment. In terms of the existing landscaping, it would be to the benefit of the property owners to maintain such landscaping and not remove it, since, development of the property would require landscaping be planted in this area. In addition, it appears that they are already maintaining the landscaping which presently is not on their. property. If we can offer any further assistance or clarification on this matter, please do not hesitate to discuss this matter with us. MV: jaa 38 C� • BACKGROUND: The applicants are requesting a change of zoning from R -1 single family residential) to A -P (administrative professional) for 1.84 acres of land located on the west side of Archibald just south of Devon (Exhibit "A "). The applicants' intention is to obtain the necessary zone change to allow the development of a professional office complex. Please find attached Exhibits "B" and "C ", the proposed two -story office building and exterior building elevations, which the applicant will be seeking approval for in the near future if this zone change is successful. The Planning Commission, at its meeting of August 13, 1980, held a duly advertised publichearing to consider this matter. During the public hearing several adjacent residents spoke in favor of the zone change. The Planning Commission is recommending approval of this change of zone as described in Resolution No. 80 -41 which is attached for your review. ANALYSIS: The project site is adequate in size and shape to accommodate the types of uses permitted in the A -P zone and the property is large enough to provide adequate setbacks and buffering from adjacent residential zones. The subject site is presently undeveloped and contains several mature trees and vegetation. It is the applicants' intent to maintain as many of the existing trees as possible. As can be seen from Exhibit "D ", the property has access from Archibald Avenue and is bounded on the north and west by single family residential lots. The current parcelization of this area does not permit logical subdivision into a single family residential project and therefore is more suitable for other types of land uses such as office or possibly multiple family residential. The interim General Plan Land Use Map indicates the subject property and frontage along Archibald Avenue as office/ professional use. Surrounding land use and zoning is as follows: LAND USE ZONING North CITY OF RAND -(O CCCAMdVGA o &CA, tn^ South STAFF REPORT <� East single family residential R -1 DATE: September 17, 1980 O r F T0: Members of the City Council and City Manager 1977 FROM: Jack Lam, Director of Community Development BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -08 - DEASON N OA ASSOCIATES INC. - A zone change from R -1 single family residential to A -P (administrative professional) for the development of a 30,000 sq. ft, professional office complex on 1.84 acres of land located on the west side of Archibald, south of Devon - APN 208- 801 -39 8 40. BACKGROUND: The applicants are requesting a change of zoning from R -1 single family residential) to A -P (administrative professional) for 1.84 acres of land located on the west side of Archibald just south of Devon (Exhibit "A "). The applicants' intention is to obtain the necessary zone change to allow the development of a professional office complex. Please find attached Exhibits "B" and "C ", the proposed two -story office building and exterior building elevations, which the applicant will be seeking approval for in the near future if this zone change is successful. The Planning Commission, at its meeting of August 13, 1980, held a duly advertised publichearing to consider this matter. During the public hearing several adjacent residents spoke in favor of the zone change. The Planning Commission is recommending approval of this change of zone as described in Resolution No. 80 -41 which is attached for your review. ANALYSIS: The project site is adequate in size and shape to accommodate the types of uses permitted in the A -P zone and the property is large enough to provide adequate setbacks and buffering from adjacent residential zones. The subject site is presently undeveloped and contains several mature trees and vegetation. It is the applicants' intent to maintain as many of the existing trees as possible. As can be seen from Exhibit "D ", the property has access from Archibald Avenue and is bounded on the north and west by single family residential lots. The current parcelization of this area does not permit logical subdivision into a single family residential project and therefore is more suitable for other types of land uses such as office or possibly multiple family residential. The interim General Plan Land Use Map indicates the subject property and frontage along Archibald Avenue as office/ professional use. Surrounding land use and zoning is as follows: LAND USE ZONING North single family residential R -1 South vacant land R -1 East single family residential R -1 West single family residential R -1 39 Zone Change No. 80 -08 September 17, 1980 Page Two ENVIRONMENTAL ASSESSMENT: Part I of the Initial Study which has been completed by the applicant, is attached for your review. The staff has completed Part II of the Initial Study and a field investigation and has found no significant adverse impacts upon the environment. The trees which were originally proposed to be removed from this site are now being proposed to be retained as the project applicant has redesigned the site to incorporate said trees. The Planning Commission is recommending the issuance of a Negative Declaration for this project. NOTIFICATION: This item has been advertised in the newspaper as a public hearing on September 5, 1980. In addition, notices were sent to surrounding property owners within 300 feet of the subject property. To date, no correspondence has been received. RECOMMENDATION: The Planning Commission recommends that the City Council adopt the attached Ordinance approving Zone Change No. 80 -08 with issuance of a Negative Declaration. Res ectfu 1 submitted, JAC LAM, Director of Community Development ,1L:MV:jk Attachments: Exhibit "A" - Location Map Exhibit "B" - Preliminary Site Plan Exhibit "C" - Preliminary Building Elevations Exhibit "D" - Land Use and Zoning Map 111M LA L • n l� n L I 0 CITY OF RANCI 10 Cf-VANIONG 1 I'LANNI \G DIVISION 4f t� INORTI i rrr..�n -1e_C�wfy_ugE ITT I r; LGCC f l— 1_M (p ;41 Pro 1771 2 STMY Cn SITE PLAN 1. CITY OF IFFAI lo cuc.\Nl(),*\*("A TlTll NdtiilVf PLANNING DiViSION, I:xl 1111IT: F2 S(:;\ 1,1:: q� 0 r t• EAST ELEVATION WEST ELEVATION -- .....❑ .., ri - - -'1 ... 11 11 _ _ -11 -.- NORTH ELEVATION T11i MIM Y SOUTH ELEVATION CITY Y C >F RANCI K) CUC:1\IC).NGA PI.A;\' \I \U DIVISION 43 V NOR II 1�1dj ®®o EAST ELEVATION WEST ELEVATION -- .....❑ .., ri - - -'1 ... 11 11 _ _ -11 -.- NORTH ELEVATION T11i MIM Y SOUTH ELEVATION CITY Y C >F RANCI K) CUC:1\IC).NGA PI.A;\' \I \U DIVISION 43 V NOR II d F• R-1 I' I I I I StcN P I. Q. `e _1 R -1 zone I I 1 —' S••ee1 I- -I 1 1 Capc Ve�ar —I —F-1 1 I I , I Cer;S� $Irxl R- 1'zone I. •l_ I' a' Io1 � I J i Tacer 5�2e1 R —R zo (CITY ( )1' lt,� \CI1O rrrlr;L/�u6 -21� V NOR II RESOLUTION NO. 80 -41 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING • COMMISSION RECOMMENDING APPROVAL OF ZONE CHANGE NO. 80 -08 REQUESTING A CHANGE IN THE ZONING FROM R -1 to A -P FOR 1.84 ACRES LOCATED ON THE WEST SIDE OF ARCHIBALD SOUTH OF DEVON - ASSESSORS PARCEL NO. 208 - 801 -39 & 40 WHEREAS, on the 3rd day of July, 1980, an application was filed and accepted on the above described project; and WHEREAS, on the 13th day of August, 1980, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing land use in the surrounding area; 2. The proposed zone change would not have significant impact on the environment nor the surrounding properties; and . 3. That the proposed zone change is in conformance with the proposed General Plan. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on August 13, 1980. NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 13th day of August, 1980, Zone Change No, 80 -08. 2. The Planning Commission hereby reconmiends that the City Council approve and adopt Zone Change No. 80 -08. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Connuission shall be forwarded to the City Council. APPROVED and ADOPTED this 13th day of August, 1980. 'T� Page 2 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMOiNGA • Richard Dahl, Chairma� ATTEST: Secy ofof thComission 1, JACK LAM, 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 13th day of August, 1980 by the following vot to- wit: AYES: COMMISSIONERS: Rempel, Tolstoy, King, Sceranka, Dahl NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None • JL:cd L . -1 n U CITY OF RrWCDO CUCdN08GA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $70.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no environmental impact and a Negative Declaratinn will be filed, 2) The project will have an environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. PROJECT TITLE: Las Palmas Professional Center APPLICAN'T'S NAME, ADDRESS, TELEPHONE: DEASON 6 ASSOCIATES, INC. 9375 Archibald Avenue, Suite 311, Rob. Cucamonga, Ca, 9=0 714%980 -3115 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Stan Page Same address as above; - LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) 8352 5 8348 Archibald Avenue, Rancho .ucamonga, ca. i- `C-�'Ci i9IPARCELS: 39 6 40 LIS'r O'rHER PERMTTS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDCRMV, AGiENCIES AND THE AGENCY ISSUING SUCH PERMITS: • 1 ^( PROJECT DESCRIPTION DESCRIPTION OF PROJECT: 7G,Cee C( C( -�— A 30 000 square foot spanish styled professional office complex and required parking ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: ACREAGE: 1.84 EXISTING BUILDINGS: N/A PROPOSED BUILDING: 30,000 square foot DESCRIBE THE ENVIRO.,7;E^1TAL SETTING OF THE PROJECT SITE INCLUDING INFOR:ATIOi•I ON TOPOGRAPHY, PLANTS (TREES) , ANII,V,LS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY . EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): The project site is presently in a blighted state. m It is over grown with natural vegetation and t e a3orl� of existing trees partially oestroyed (burned u i fire.) The topography is level with a naturai grauu Me the consist of one eu x i, masonarw s also In a blighted state a „ Animal lite consists or various roaencs, virus anu ECptiles native to the area. No endangered species are known to in t e site. There are also no cultural, historic or scenic aspects associated with the site. Is the project, part of a larger project, one of a series of cumulat i.ve actions, which although individually small, may as a whole have significant environmental impact? NO I- S Cc ,.... C- C WILL THIS PROJECT: YES NO . _ XXXX 1. create a substantial change in ground contours? XXXX 2, Create a substantial change in existing noise or vibration? xl= 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? XXXx 4. Create changes in the existing zoning or general plan designations? XXXX _ 5. Remove any existing trees? How many? 19 'XXXX 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YF..S answers above: . SEE ATTACHED SHEET: EXHIBIT 'A' IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the date and information required for this initial evaluation to the best of my ability, and that the £neCr., statements, and informnti.on prcented are true and correct to the best of my kno•.alcdge and belief. I further understand that addition.il i.nform.ition may be required to be submitted hcf.or.c on a,t^goate evauuation can be made by the Devv1o1,ro1q Review Cm:mUttee. Date 7 ' '/ �•� Signature • Title Director of Planning 13� ORDINANCE NO. 120 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 801 -39 AND 40 FROM R -1 to A -P FOR 1.84 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD, SOUTH OF DEVON. The Citv Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the re- zoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the • General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. R -1 (single family residential) to A -P (administrative /professional) Said property is located on the west side of Archibald Avenue, south of Devon Street, known as Assessor's Parcel Number 208 - 801 -39 and 40. S_F.C'110N 3: The Mayor shall sign this Ordinance and the Citv Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dailv Report, a newspaper of generni circulntion published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. • Ordinance No, Page 2 PASSED, APPROVED, and ADOPTED this day of ,1980. AYES: 40 NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk 5/ Phillip D. Schlosser, Mayor • lJ r� LJ • QTY OF RANCHO CUCAMONGA STAFF REPORT September 11, 1980 TO: City Manager and Members of City Council FROM: Jim Robinson pt Assistant City Manager SUBJECT: Urgency Ordinance Authorizing Amendment to The Public Employees Retirement System Goo �QCA,N10 < 7 r O O F U 2 U > 1977 � In order to implement the Council approved benefit of Employee Paid P.E.R.S., it is necessary to adopt the attached Ordinance. At its regular meeting of August 20, Council approved the necessary Resolution to begin the initial process to provide for this benefit. In addition to the Resolution, an ordinance must be adopted which amends the City's contract with the Public Employees Retirement System. P.E.R.S requires that 20 days elapse between adoption of the Resolution (adopted August 20, 1980), and the attached Ordinance. The initial target date for implementing this Council approved benefit is September 22, 1980. In order to meet this deadline and prevent any further delays in providing this benefit to city employees, staff would respectfully request that the attached Ordinance be adopted as an Urgency Ordinance. Staff has been told by P.E.R.S that an urgency ordinance is in compliance with all of their standards and conditions for implementing this benefit. RECOIDIENDATION: That Council adopt the attached Ordinance authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees' Retirement System and Declaring the Urgency thereof. JR /vz Enclosure ORDINANCE NO. 121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND DECLARING THE URGENCY THEREOF. The City Council of the City of Rancho Cucamonga does ordain as follows: Section 1: That an amendment to the Contract between the City Council of the City of Rancho Cucamonga and the Board of Administration, California Public Employees' Retirmenet System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A ", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council of the City of Rancho Cucamonga is hereby authorized, empowered, and directed to execute said amendment for and on behalf o: said Agency. Section 3. The City Council does hereby find and declare that this Ordinance is for the immediate preservation of the public peace, health and ✓ safety, and it shall take effect'immediatley upon its adoption as an urgency • Ordinance. �..___ Section 4. The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in Thg Da11v Re o a newspaper of general circulation, published in the City of Ontario, California , and circulated in the City of Rancho Cucamonga, California. • PASSED, APPROVED, and ADOPTED this _day of _1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor 8357 Bella Vista, Alta Loma, CA 24 August, 1980 Honorable Members, City Co•.;ncil, Rancho Cucamonga, CA Gentlemen: This is a petition to be heard by the members of the Council at its next regularly scheduled meeting or as soon thereafter as possible. My presentation will take only 10 or 15 minutes and it will outline suggestions for procedures relative to franchising Cable TV for this city. I was a member of a four -man committee which included the present city manager of Ontario, the assistant city manager of Montclair and a representative of Cntario- Montclair School District. This committee did the investigative work which led to the recommendation on award of the Cable TV franchise for Ontario. I have been involved in audio- visual programming for Chaffey High and Chaffey District for 1.0 ye :rs and during • the past yeas while on leave of absence to act as executive editor of a publis: ^ing company, had occasion to do research in means by which Cable TV, properly organized, can net only provide revenue for cities, but reduce taxes and possibly benefit homeowners tw,rcut�h reduced insurance. Originally, I addressed letters to public officials in complaint concerning the poor service now being provided by th, local TV company bg-; :najor concern now is in seeing that whcn franchises are granted, they are written so that they will require TV companies to provide the framework through which the public and the city can have the advantage of tha new developments that . -.re coming with amazing spied such as two -way communication between subscriber and TV studio, telmetering of water and other public utilities, reading of electrir_, gas and water bills automatically, smoke and burglar alarms tied directly to fire /police /public assistance (paramedic) systems,local educational channels, 24 -hour news coverage, access through satellite to world wide cable programs. My recommendation will be that a commie ^ion be set up, including about five people versed in electronic technology, public education and programming; and including interested public members. The commission would have the responsibility of (a) DeterminF what is the present state of the art; what cable. TV can do. ,.�" (b; Analy4Wl the present laws and study ranchises issue(' elsewhere to determine how the pulitfic and /or municipality can gain effective control of Cable TV (c) InvestiratU*e��companies presently or seeking to operate in Rancho Cucamonga and recommend to the council which should 0 � Co0+� ) be franchised. I do not believe there should be any expense to the city for this commission except the clerical support necessary. I foresee it as consisting of about five members with the City Manager or his representative acting as Executive Secretary but a member of the public as committee chairman. With all due respect to the capabilities of your City "anager and finance director who, it appears to me, is charged with the franchising, I do not believe that they will be able, without assistance, to do the exhaustive research necessary to assure that franchises are properly drawn for this highly complex operation. ,Tor Cc 1 think they will be able to find time to act in a watchdog capacity after franchises are granted. I foresee the Committee or Commission, after the major work is granted, remaining intact to make casual surveys, hear complaints review requests for franchise renewal and keep abreast of new developmen,:; to assure that they are made available for Rancho Cucamonga. Please communicate your response to this letter to the City Tanager and I will contact him to determine when I will be placed on the agenda. Sincerely, Mr. U.E. Bauers 8357 Bella Vista, Alta Loma, C� Copy to: City Manager City Finance Director Mr. & Mrs. Ralph Hogoboom .SS 0 • • • City of RANCHO CUCAMONGA August 27, 1980 Mr. Arnold Ortiaga 9840 Jersey Boulevard Rancho Cucamonga, California 91730 Dear Arnold; Thanks for your patience in allowing us time to review the proposal of Congreso para Pueblos Unidos to establish a Human Relations Committee for the City of Rancho Cucamonga. After carefully re- viewing the proposal, it is my view that most of the problems you have outlined are already being dealt with adequately by the City Council, staff, City Advisory Commissions, or by the Citizens Participation Advisory Committee (C -Pac). I offer the following comments regarding the duties and functions • of the proposed Human Relations Commission: 1. The City Council is vitally concerned that discrimina- tion of any type be eliminated from our community. I'm confident that the Council would appreciate any suggested programs which would help to accomplish that goal. However, any proposals should be evaluated by the City Council since that body is responsible for setting policy in the community, In addition, complaints concerning community tensions and acts of racial, religious, or ethnic discrimination should be brought to the attention of the City Manager and City Council directly rather than filtered through an intermediary committee. The City Council has the legal authority and the responsibility to deal with discrimination problems. The City Council is fully committed to improving ex- ir,tinq housinq and to providing a full range of housing for our citizens. 3. 'i'nn City Manager and the City Council are continually informed of problems regarding the Sheriff's Department. Thr se problems include not only operational matters, but nl.su sensitive matters such as complaints or personnel problems. while the City Council sets the broad policy con ^urninq levels of service, the City Manager shares POST OFFICE, BOX 793. RANCHO CUCA\IO!�T,l(, CN.H:ORNIA 91730 (714) 980.1851 Mr. Arnold urtiaga August 27, 1980 Page Two the day -to -day supervision of the law enforcement activities with Sheriff Frank Bland or his repre- sentative. Any problems - especially those concerning alleged brutality or civil rights violations - are fully investigated. If appropriate, disciplinary action is also taken by the station commander, Captain Wickum. In summary, it is my view that the creation of a Human Relations Commission would duplicate the efforts of the City Council, Advisory Commissions, and the C -Pac. While I realize that you may disagree with this position, I hope that the Council and staff have demon- strated by their past actions that we are concerned with the pro- blems which face all of our citizens throughout this community. L%1W : baa cc: City Council bcc: H. Holley Sam Crowe Capt. Wickum Sincerely, Lauren M. Wasserman City Manager J G • • CONGRESO para PUEBLOS UNIDOS Dr. Armando Navarro President '61W 894 Rialto Avenue San &mardino. CA 92410 714 - 888 -0207 CRZkTING A MAN RELATIONS COI-2ITTEE Its Duties and Functions Racial tension and conflict contribute substantially to the creation of juvenile delinquency and adult crime. Prejudice, intolerance, and discrimination against any individual or group because of race, religion, national origin, or cultural background promote tension and conflict, which adversely affect the peace and public welfare. The purpose of this commission is to eliminate such prejudice and intolerance and thereby promote the public "health, welfare, and security." Such a committee will work to achieve better human relations and to provide • assistance to private persons and groups 'in fostering goodwill and better relations among all people. CMTION OF THE COMMITTEE The committee shall consist of such number as deems necessary, eg., nine open positions. The number of said committee shall be appointed by the director or City Council of Rancho Cucamonga. The members of said committee shall some without compensation. The first members shall serve for a term of three (3) years provided, however, that those appointed classify themselves by lot, so that their individual terms shall expire as follows: Three (3) shall serve for one (1) year, three (3) shall serve for two (2) years, and three (3) shall serve for three (3) years. At the expiration of each term so provided for, a successor shall be appointed for a ten of three years. Vacancies in the commission by resignation or otherwise n -2- shall be filled in the manner herein set forth for the unexpired term of the commissioner leaving the Commission. The Chairman of said Commission shall be elected by the members therof, and shall serve-for a period of one (1) year from the date of his of her election. Absence by any member from three (3) consecutive meetings without formal consent 6f the Commission shall constitute the resignation of such member and the position declared vacant. 14EM1111GS Members shall meet at least once in each month and shall determine the manner in which special meetings may be held and due notice given. All meetings, acts, or records of the Commission shall be made public and copies of all such meetings, acts or records shell be kept on file in the office of the City Clerk and City Manager. A majority of the regular members shall constitute a quorum. • Rr=3 AND MINCfIONS (1) Formulate ideas and suggest programs in the areas of research and education.for the purpose of mitigating racial and religious prejudice and of nurturing positive attitudes among the various groups within, its jurisdiction, and securing civic peace and intergroup understanding by discouraging and pre- venting discriminatory practices against any such group. (2) Develop, participate in, and implement programs designed to promote the full acceptance of all citizens in the community, without regard to race, religion, or national origin. a 659 • • .. _3- (3) To promote and encourage equitable opportunities and/or services in employment, housing, education, health, and government programs. (4) To.receive and investigate complaints concerning community tensions end acts of racial, religious, or ethnic discrimination, and to make recommenda- tions concerning the means to insure community cooperation and understanding. (5) Cooperate with the City Manager and through that office with the various city departments in identifying and ameliorating human relations problems with which they may be concerned. (6) To maintain close liason with the police department through the chief or his representative and to be available to residents of the community to insure mutual confidence and understanding at all times. (7) To disseminate information to the public with respect to the rights and responsibilities of citizens concerning police action and the rights and responsibilities of police in fulfilling their duties to the community. (8) To encourage a good working relationship among the various govern- mental agencies and the community in order to enhance the qualtiy of life for all people. w / I CITY OF RANCHO CUCAMONGA MEMORANDUM September 17, 1980 TO: City Council FROM: James Robinson ` Assistant City Manager SUBJECT: Clarification of P.E.R.S. Ordinance /Amendment The purpose of this memo is to clarify Ordinance No. 121 which provides for an amendment to the contract between the P.E.R.S. Board and the City of Rancho Cucamonga to allow for the Council approved benefit of paying the employees' entire share of P.E.R.S. contribution. The Ordinance refers to Exhibit "A ", which is the Amendment Am, giment placed in your packets loose -leaf. The Amendment Exhibit " implements this change in the contract and provides for this benefit. We apologize that the Amendment was not clearly marked to reflect its identify as Exhibit "A ", referred to in Ordinance 121. JR /vz CITY Ur _ A APPLICATION FOR CITIZEN.SERVICE AS A MEMBER OF Avisoryy - COMMITTEE ADDRESS 10364 'Humbolt Avenue, Rancho Cucamonga, CA 91730 PHONE (714,)907-2191 OCCUPATION "14adman - Vinegar Plant EDUCATION: ( list highest year completed and all degrees) '=old RAal.dstate License= Are there any workday evenings you could not meet ?. If so, please list. Why are you interested in this position? Because of my concerns of +ho -lrohlpms and interest of the Community. What do you consider to be your major qualifications? th:0 > —.. i;2:naer o£•C -PAC ( Citizens participation Avisory Committee), 0:10 ( Citizen^ Advisory Committee, to the ;eneral plan of Rancho Cucamonga; REFERENCES: 1. Bill Holly 2. Tim Beedle 3. Jim Frost Please attach a written statement containing any additional information You feel would be useful to the City Council. $TRAWLING, YOCCA, CARLSO`I & RAWTH A PROFESSIONAL COFPONATi N ATTORNEYS AT LAW SORE. J.U. 9 viL iNG { I IIAI(:I SM LROA 610 NEWPORT CENi1ER DRIVE R ,MUSER1 L. KiN . TRUMAN P I. I.wR R..1. POST .PIKE NO. 1.., O, COUN3Rl M STP.PIIE.M COOMTi BEN A FRYOMAN NL^WFONT BEACH, CALIMESIA 00dd0 Ita.ARn l aGnnMA.N IN REPLY PLEASE REFER To TELEPMOnE'ISO 6 +o I035 JOMM J ML.F.T WILLIAM n HAETn. In K &n—, VIUT1. ii ?iRwn uxG N„.c. vuc, Ealptember 10, 1980 IIAIU. H MI RIEN PAUL I. GALE I)., III,. F nlnnAM n I, IAM ALL11111 HA \UALL.1 SUER.., Mr. Joseph Di Iorrio 2834 Terry Road Laguna Beach, California 92651 Re: San Bernardino County AB1355 Program Dear Mr. DiIorrio: This letter is a summary of the meeting held at San Bernardino County offices regarding the County's proposed AB 1355 Mortgage Revenue Bond Program. We have sent to you under separate cover copies of the materials which were dis- tributed at this meeting, as well as an analysis of certain specific issues which you had requested us to address. The meeting was conducted by Phil Rush, the County's housing specialist. Mr. Jeff Miller of Goldman, Sachs (the under- writer), and Mr. Ramsmeier, of Questor Associates, each gave presentations for the County. The County's Bond Counsel, Orrick, Herrington et al, did not attend the meeting. The meeting was well attended by cities throughout San Bernardino County including Needles, Grand Terrace, Rancho Cucamonga, Barstow, Montclair, Redlands, Adelanto, Upland, Fontana, Loma Linda, and Rialto. Representatives from Riverside County also attended. While I signed my name and business address to the attendance list, I did not identify my law firm or the client for which I was attending. The county's basic objective at the meeting was to solicit cities within the County to participate in the AB 1355 Program in order to enable the County to make as large a bond issue as possible. The Goldman, Sachs repre- sentative began the meeting by outlining the basic provi- sions of the Bond program. As is summarized in the materials 'which the County handed out, the County is intending to provide long term financing for six different types of residential housing projects. First, bond proceeds will be used to purchase mortgages on newly constructed residential Mr. Joseph DiIorrio September 10, 1980 Page Two projects containing from five to twenty -five dwelling units. Although a single developer will be able to purchase a committment regarding more than one small project, none of such projects may be contiguous. This prevents a developer from breaking a very large development into many small projects. Second, bond proceeds will be used to make loans for the purchase and rehabilitation of substandard existing housing. Third, the Program will finance mortgages on newly constructed infill housing of from one to four units. Fourth, bond proceeds will be used to finance substan- tial rehabilitation of existing housing with such rehab loans secured by a first lien on the property. Fifth, smaller home improvement loans limited to a maximum amount of $10,000 to $15,000 will be made out of bond proceeds. These loans will be secured by an insured second lien on the property. Finally, a significant portion of the bond proceeds will be utilized to purchase mortgages financing the pur- chase of existing residences. This portion of the program will be available only to first time home buyers. Of course, every aspect of the program must comply with AB 1355's requirements. Thus, income restrictions will be applicable to persons seeking to participate in any facet of the program. Moreover, 608 of the proceeds must be utilized to finance new construction or substantial rehabilitation. Cities may participate in the Program by passing a resolution in which they agree to cooperate and comply with the Program, and agree further not to issue a competing bond program until 906 of the County's mortgages are placed. The County's consultants suggested that these requirements should pose little problem for the cities, since the cities are probably incapable of doing an AB1355 Project on their own, given the restrictions of AB1355 and the Ullman legis- lation. However, there remains the issue of what is a "competing issue" for purposes of AB 1355. The County has Mr. Joseph DiIOrrio September 10, 1980 Page Three its bond counsel looking at the issue now and should have reached a conclusion by today. Our analysis suggests that an SB -99 issue, for example, would not be a competing issue. Therefore a city could participate in the County's Program and do its own SB -99 Program as well, assuming it could be issued within the applicable time constraints. The following mechanical aspects of the Program were discussed. The County intends that the mortgage rate offer- ed under the program will be approximately one point over the bond rate which the County is able to obtain. Since the County is hoping for an A or AA rating from Moody's and Standard and Poor's, they expect to have a fairly good bond interest rate. This, of course, is subject to market factors. The County hopes to issue the bonds in early November before the expected glut of mortgage revenue bonds hits the market in December. It is for this reason that the County is asking all cities to pledge their participation within the next several weeks. Under the Program as it is currently structured, any profit generated by the Program and remaining at the end of the Program will be transferred to the general fund of the County. Although numerous city officials pressed the County on this issue, there is no current plan to make any of these surplus funds available to participating cities. The County expects that its mortgage interest rate will be two points below the prevailing market interest rates. Moreover, they expect it to be competitive with other non - conventional sources of financing such as FHA /VA, CAFA, and others. The County was unable to guarantee cities that they would receive any amount of bond proceeds in exchange for their committment to participate in the program. Although the County will be setting up a list of priorities for allo- cation of bond proceeds, it is possible that a city could agree to participate in the Program and yet not place any program mortgages within the city limits. This could happen if demand in other areas of the County was greater or occured earlier in the Program than that in the participating city. The County representatives underplayed the significance of this feature, and suggested that cities could informally promote mortgages within their boundaries by speaking to • participating lending institutions. Mr. Joseph DiIorrio September 10, 1960 Page Four A specific concern was raised by Jack Lam from the City of Rancho Cucamonga. He raised the issue which you and I discussed earlier of whether Rancho Cucamonga may participate in the program despite its failure to have a housing element or a final land use element. This issue has been addressed by our office in a letter which has been transmitted to you under separate cover. The Questor Associates representative gave a talk on the marketability of mortgages under the bond program. His firm had been hired by the County to do the feasibility study and advise the County on the amount of mortgages which the market can absorb and any given interest rate. As is demonstrated by the memorandum which Questor dis- tributed at the meeting, they anticipate that the lion's' share of the demand for these mortgages will be in the residential resale and new construction market. The County stated its intention to go forward with its bond issue with or without the participation of any cities. While the issue would be smaller without the participation of cities, the County believes it can sell a large enough issue on its own. Finally, the County stated its willingness to send out suggested resolutions for adoption by the cities. The County also volunteered to send County staff out to the cities to explain the Program to their respective city councils. The County appears to be far enough along in its plan- ning of this bond issue to be able to meet its mid - November deadline for sale of the bonds. Given that individual cities will more than likely be unable, as a practical matter, to issue competing bond issues in the next 15 months, it seems to make sense for cities interested in the low and moderate income housing problem to participate in the Program. The Program should also be desirable to developers of mod- erate income housing within cities in the County. Failure to participate in the program may leave cities at a com- petitive disadvantage with respect to participating com- munities in the County, since low cost mortgage funds will be available to purchasers in those outside areas. Mr. Joseph DiIorrio September 10, 1980 Page Five If you have any further questions regarding the substance of this meeting, please feel free to call me. very truly yours STRADLING, YOCCA, CARLSON 6 RAUTTHUH . Ku E. Yeage EKY /hl CITY OF RANCHO CUCAPVIONGA MEMORANDUM September 15, 1980 TO: City Council FROM: Lauren M. Wasserman) -,, ./ City Manager r SUBJECT: Housing Element and Mortgage Revenue Bonds The City Attorney has informed us that the Health and Safety Code clearly re- quires that before a home financing program may be authorised and implemented, the City must have an adopted land use and housing elements as a part of the overall general plan. The City Attorney has suggested that we not ask the question of the County as to whether or not the City may participate in the County program if it does not have a City Housing Element. By not asking the question, Bob Dougherty feels we may fall into the authority of the County Housing Element if we join with the County. In addition, it is probable that by the time bonds are issued near the end of this year, the City may have its own adopted housing element. In summary, the worst that can happen is that if we join the County, it may be determined at a later date that the City is ineligible to participate in the program. There is virtually no way for us to set up our own home financing program nntil we have adopted the housing element. 1,MW: ban File: 405 -01 J MEMORANDUM September 15, 1980 T0: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Financial Task For We have checked with Mike Price of the United California Bank, and he has indi- cated a willingness to participate on the city's financial advisory task force. United California Bank has an extensive back -up in Los Angeles if major questions arise concerning long -range financing. Mike Price is a local resident and would serve if appointed by the Council. Bob Young, current President of the Board of Realtors, has also agreed to serve on the committee if appointed. Having real estate representation on the com- mittee would ensure that we are dealing with current housing stock as well as may future housing. Chief Bob Lee from the Foothill Fire District has indicated a willingness to serve as a member of the committee if appointed by the City Council. Chief Lee brings to the job a wealth of experience in the fire service. I am sure his membership, if appointed by the Council, would be quite helpful to the overall process. After checking with Jack Corrigan of Daon Southwest, he too is willing to serve on the committee if appointed by the Council. I assured Mr. Corrigan that the committee's activities would not drag on indefinitely and that the assignment from the Council was to complete specific tasks within a reasonable period of time. LMW:baa FLle: 701 -01 MEMORANDUM September 15, 1980 O > n F V :J 1977 TO: City Council FROM: Lauren M. Wasserman / J City Manager SUBJECT: School Fees We wanted you to be aware that you probably will be contacted by either Ken Willis or other members of the Building Industry Association suggesting that the city drop its requirement for a school letter prior to the issuance of any building permits. The rationale of the Building Industry is that there will be approximately 850 million dollars available for school funding in the coming year. It is significant to note that the City of Los Angeles, for some reason, is not eligible for any of the funds. The net result is that there is probably more money than could be actually spent for school construction. We feel that the City Council should be very careful in evaluating the BIA proposal due primarily to your political responsibility to make certain the City is monitoring the growth process as the school population increases. One of the concerns that Ken Willis has expressed is that, in his view, the BIA is being "blackmailed" by the schools. I have assured Ken that anv suggested increases in school fees must be approved by the City Council and must be accompanied by adequate justification from the affected school districts. Thus, the City Council remains the final word as to how high the school fees are. Ken feels that the City will do whatever what is requested by the school districts. I have assured him that I doubt very much that that would be the case. The purpose of this memo is merely to alert you to a future lobbying effort. If you have questions, please contact me. Incidentally, I assume you are aware the Central School District is advocating a substantial increase in the school fees for condominiums. The District is considering asking the City to charge the same fee for condominiums as is charged for single family developments. I.MW:haa File: 701 -16 Regular Meeting 1. CALL TO ORDER. The regular meeting of the city Council was held in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, September 17, 1980. The meeting was called to order at 7:05 p.m, by Mayor Phillip D. Schlosser who led in the pledge of allegiance. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present; Assistant City Manager, Jim Robinson; Assistant City Attorney, Robert Dougherty; Communtiy Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hobbs; Community Services Director, Bill Holley; and Finance Director, Harry Empey. Absent: City Manager, Lauren Wasserman Approval of Minutes: Motion: Moved by Frost, seconded by Palombo to approve the minutes of September 3, 1980. Motion carried 5 -0. 2. ANNOUNCEMENTS. a. Mayor Schlosser said he would like to place Nacho Gracia's name for consideration of Council to fill the vacancy on the Advisory Commission. Motion: Moved by Mikels, seconded by Palombo to appoint Nacho Gratis to serve on the Citizen's Advisory Commission. Motion carried 5-0. Mr. Gratis was present and he was introduced to those who were present. b. Mayor Schlosser recognized Marge Stamm who had recently been awarded the "Status of Women Award" by the American Association of University Women for her contr!butions toward a more prominent role for women in the community. C. September 30 at 7:30 p.m. there will be a Storm Drain Committee meeting in the Conference Room located in the city offices at 9320 Base Line. d. Mayor requested the meeting adjourn to an Executive Session to discuss pendi.:g litigation. e. Councilman Frost announced the Citrus Belt Division of the League of California Cities General Assembly meeting to be on Wednesday, September 24 at Bing's Cathay Inn in San Bernardino. f. Councilman Frost also requested that a letter be sent to the Astro Cast Company in Rancho Cucamonga by the Mayor since they also had received the Southern California Gas Company's conservation of energy award. g. Councilman Palombo stated he had attended the Public Safety Committee meeting that day in Burlingame. h. The Planning Commission will be conducting a public meeting on the Victoria Plan to be held September 29 at 7:00 p.m. in the Lion's Park Community Center. 3. CONSENT CALENDAR. Mikels asked Mr. Holley a question regarding item "b" -- he wanted to know if the contract was renegotiated every year. Mr. Holley said this contract was set up to expire at the end of the year. Since the expansion of space, prices needed to be adjusted accordingly. Motion: Moved by Palombo, seconded by Mikels to approve the Consent Calendar as presented. Motion carried 5 -0. a. Approval of Warrants - Register No. 80 -9 -17 for $261,614.88. b. Authorization for Community Service Department to solicit bids and award contract for janitorial service at City Hall and Lions Community Center. c. Site Approval 80 -07: Acceptance of Bond and Agreement -- Day Care Nursery located at 9575 San Bernardino Road. Faithful Performance Bond Labor 6 Material Bond RESOLUTION NO. 80 -83 $ 5,800 5,800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR SITE APPROVAL 80 -07. d. Tract 9420: Release of bond. Located on the northeast corner of Banyan Street and Hellman Avenue. Owner: Nubank International, Inc. Faithful Performance Bond $64,000 e. Tract 9380: Release of bond. Located on the south side of Manzanita, vest of Beryl. Owner: Kenneth Elmore. Faithful Performance Bond $30,000 f. Tract 9422 -1: Release of bonds: Located on the east side of Ramona Avenue, south of Church Street. Owner: Marborough Development Corp. Labor S Material Bond (sewer) Labor S Material Bond (water) Labor 6 Material Bond (road) $26,000 29,500 71,000 g. Tract 9422 -2: Release of bonds. Located on the east aide of Turner Avenue south of Church Street. Owner: Marborough Homes, Inc, Labor 6 Material Bond (sewer) Labor 6 Material Bond (water) Labor 6 Material Bond (road) $18,000 26,000 81,000 h. Tract 9426: Release of bonds. Located on the north side of Hillside, west of Turquoise Avenue. Owner: Crowell /Leventhal, Inc. Labor 6 Material Bond (water) Labor 6 Material Bond (road) $16,000 25,000 i. Tract 9447: Release of bond. Located on the northwest corner of Church Street and Ramona Avenue. Owner: Walton Construction Corp. Labor 6 Material Bond (road) $25,000 J. Tract 9448: Release of bonds. Located on the southwest corner of Beryl Street and Banyan Street. Owner: Meeker Development Co. Labor S Material Bond (sewer) Labor 6 Material Bond (water) Labor 6 Material Bond (road) $14,500 14,000 47,000 k. Tract 9525: Release of bonds. Located northwest of the intersection of Turner Avenue and Arrow Route at Placer Street. Owner: Arnold Anderson. Labor & Material Bond (road) $28,000 Labor & Material Bond (water) 19,000 Labor & Material Bond (sewer on -site) 19,500 Labor & Material Bond (sewer off -site) 4,500 1. Tract 9484: Release of bonds. Located between Beryl Street and Hellman Avenue, south of Hillside Road and north of Banyan Street. Owner: David W. Long. Labor & Material Bond (water) $13,000 Labor & Material Bond (road) 21,000 M. Tract 9596: Release of bonds. Located on the east side of Carnelian Street, north of Banyan. Owner: Gary Miller. Labor & Material Bond (water) $15,500 Labor & Material Bond (road) 46,000 n. Tract 9602: Release of bonds. Located on north side of San Bernardino Road east of Carnelian Street. Owner: Matreyek Homes, Inc. Labor & Material Bond (sewer) $ 21,500 Labor & Material Bond (water) 22,000 Labor & Material Bond (road) 66,000 o. Tract 9634: Release of bonds. Located on the south side of Banyan Street and on the west side of Hellman Avenue. Owner: Chavanne Realty. Labor & Material Bond (sewer) $14,000 Labor & Material Bond (water) 15,500 Labor & Material Bond (road) 35,000 p. Tract 9345: Release of bonds. Located south of 19th Street on Cartilla Avenue. Owner: Lewis Homes of California. Labor & Material Bond (sewer) $ 8,500 Labor & Material Bond (water) 21,000 Labor & Material Bond (road) 26,000 q. Tract 9003: Release of bond. Located west of Sapphire and east of the Cucamonga Wash north of Banyan. Owner: Sunflower Land Co., Inc. Labor & Material Bond (road) $23,000 4. PUBLIC HEARINGS 4A. ZONING ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL ASSESSMENT FOR A CONDOMINIUM CONVERSION ORDINANCE. Jack Lam presented the staff report. Mayor Schlosser requested title of Ordinance be read. Jim Robinson read title of Ordinance No. 119. ORDINANCE NO. 119 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION OF APARTMENTS TO CONDOMINIUMS. Motion: Moved by Bridge, seconded by Frost to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Councilman Palombo stated that there was a Bill before the governor for signature which gives the basic directions which we have duplicated in this ordinance. He said this ordinance was not necessary and was opposed to it. Councilman Mikels expressed that the ordinance should address relocation efforts and proposed homeowners'fees. He wanted to see items 4 and 6 under Section 3A reinstated in the ordinance. With the addition of these items, he would support the ordinance. Section 3A -4: Proposed program of relocation assistance to be offered by the applicant if any. Section 3A -6: Proposed Homeowner's Association Fee. Commenting on Councilman Palombo's comments, Mr. Lam stated that staff was aware that there were a number of Bills dealing with this issue, but they were not popular and did not pass the committees. If there was something new, staff was not aware of it. Regarding items 4 and 6 and Councilman Mikels' concerns, Mr Lam said that staff originally had proposed the inclusion of these items. It had been decided that since these were not requirements of the City, then it was not necessary to include these. Motion: Moved by Bridge, seconded by Frost to adopt the ordinance. The City Attorney reminded Council that if they wanted to include the changes, this would be the first reading. Motion: Moved by Mikels, seconded by Palombo to amend the ordinance by adding sections 3A -4 and 3A -6 and to bring the ordinance back for second reading on October 1. Bridge and Frost withdrew the original motion. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser. NOES: Frost. ABSENT: None. (Frost said he did not feel these sections were necessary and should be included in the ordinance). 4B. EXTENSION OF CONDOMINIUM CONVERSION MORATORIUM. Staff report by Jack Lam. The purpose of the Ordinance was to amend the existing condominium conversion moratorium ordinance to extend its effectiveness to coincide with the effective :ate of the Condominium Conversion Ordinance. City Clerk Wasserman read title of Ordinance No. 97 -A. ORDINANCE NO. 97 -A (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 97 TO EXTEND THE MORATORIUM IMPOSED THEREBY AND DECLARING THE URGENCY THEREOF. Motion: Moved by Mikels, seconded by Bridge to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Councilman Frost inquired why the word "comprehensive" was used. The City Attorney explained there was no particular reason. Council concurred in the deletion of the word "comprehensive" from Section 1 of Ordinance No. 97 -A. Motion: Moved by Mikels, seconded by Frost to approve Ordinance No. 97 -A which will extend the moratorium on condominium conversions to December 31, 1980. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENC: None. ABSTAINED: Palombo. 4C. VACATION OF CENTER AVENUE. Staff report by Lloyd Hubbs. On August 6 Council set September 17 for the public hearing for the vacation of a portion. of Center Avenue. Council had raised questions as to what would be the impact of giving back the six feet to Data Design Laboratories and the residential interphase of the landscaping. The Planning Department had investigated this and felt there was sufficient design and review criteria over and above the need for right -of -way in order to protect that buffering, and it would be acceptable to vacate the six feet. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. A motion was made by Mikels, seconded by Palombo to approve the vacation. Council - mand Frost said he disagreed with the vacation since he was concerned with loosing this buffering. After further discussion, Mikels and Palombo withdrew their original motion. Motion: Moved by Bridge, seconded by Palombo to defer this until October 15 meeting and to direct staff to negotiate some agreements with Data Design Laboratories to assure the protection of the landscaping. Motion carried 5-0, 40. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE NO. 80 -08 - DEASON AND ASSOCIATES, INC. Staff report by Sack Lam. A change,, of zone from R -1 (single family residential) to A -P (administrative professional) for the development of a 30,000 sq. ft. professional office complex on 1.84 acres of land located on the west side of Archibald, south of Devon -- APN 208 - 801 -39 and 40. City Clerk Wasserman read title of Ordinance No. 120. ORDINANCE NO. 120 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208- 801 -39 AND 40 FROM R -1 TO A -P FOR 1.84 ACRES OF LAND LOCATED ON THE WEST SIDE OF ARCHIBALD SOUTH OF DEVON. Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. The following addressed Council: Mr. Hugh, 8398 Bella Vista, Alta Loma. He was the owner of the property at 8300 Archibald, and spoke in favor of the zone change. Mr. Sam Page, representing Deason Associates - the applicant. Mayor Schlosser closed the public hearing. There being no further discussion from Council, he set October 1 for second reading and adoption. In order to implement the council- approved benefit for city employees, it is necessary to adopt Ordinance No. 121. City Clerk Wasserman read title of Ordinance No. 121. ORDINANCE NO. 121 (urgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND DECLARING THE URGENCY THEREOF. Motion: Moved by Bridge, seconded by Palombo to waive further reading. Motion carried 5 -0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Palombo, seconded by Bridge to approve Ordinance No. 121 as an urgency ordinance. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 5. CITY MANAGER'S STAFF REPORTS. 5A. THE HEARING OF A COMPLAINT REGARDING CABLE T.V. BY MR. U.E. BAUERS. Mr: U. E. Bauers presented an oral presentation to Council regarding his major con- cern that when t.v. franchises are granted, they provide framework through which the public and city can have the advantage of new developments which are occuring with television. For example, two -way communications, telmetering of water and other publ utilities, reading of electric, gas and water bills automatically, local educational channels, access through satellite to world -wide cable programs. Bruce Chitiea expressed that he was in favor of setting up a Committee to work specifically on this. Mr. Hughes expressed he was against the formation of any committee at the expense of the tax payer. Council directed that Mr. Bauers should work with the Advisory Commissions on this issue. 5B. REQUEST FROM CONGRESO PARA PUEBLOS UNIDOS TO ESTABLISH A HUMAN RELATIONS COMMITTEE FOR THE CITY OF RANCHO CUCAMONGA. Mr. Arnold Urriaga, who had requested to be heard by the Council, was not oresent, nor was there anyone representing him. Council moved on to the next item. 5C. Added item: AFFORDABLE HOUSING REPORT. Oral report by Lauren Wasserman. Councilman Mikels asked if we would have to adopt the County Housing Element in order to qualify far this. The City Attorney said that we had not made any determination; that it would be up to the County to make the determination. Mr. Lam said that we would simply be "riding on the County's shirt tail." The county,as the primary agency,would have to make the finding of consistency with the County Housing Element. Councilman Bridge said he felt skeptical of the program as it had been presented. Motion: Moved by Palombo, seconded by Mikels to direct staff to bring back the necessary documents for approval. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, and Schlosser. NOES: Bridge, ABSENT: None. 5D. Added item: FINANCIAL TASK FORCE. Council deferred this until October 15 meeting. 6. CITY ATTORNEY'S REPORTS. There were none. 7. ADJOURNMENT. Motion: Moved by Palumbo, seconded by Mikels to adjourn to an executive session to discuss some pending litigation, not to reconvene. Motion carried 5 -0. The meeting adjourned at 8:55 p.m. Respectfully submitted, �Z'�1�G �cc1�'zL�Lf Beverly Authelet Deputy City Clerk