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HomeMy WebLinkAbout1980/10/15 - Agenda Packet• QTY OF RANUiO CU'CAMONGA CITY COUNCIL AGENDA October 0+ 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 B. Roll Call: Frost, Mikels_y,_, Palombo�, Bridge--y,, and Schlosser/ . C. Approval of Minutes: September 17 and October 1, 1980. 2. ANNOUNCEMENTS. a. Thursday, October 23, at 6:30 p.m. -- Advisory Commission meeting at Lion's Park Community Center, b. Monday, November 3, 7:00 p.m. -- Financial Task Force Meeting at Lion's Park Community Center. c. Citizens' Advisory Committee for General Plan meeting on October 25 at +Qc, v,,"zFM a.m, in the Neighborhood Facility, 9791 Arrow Highway. 3, CONSENT CALENDAR. The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. a. Approval of Warrants - Register No. 80 -10 -15 for $362,575.56 1 b, Alcohol Beverage License for off sale beer and wine: 3 Michael F, Micetich, Rancho Meats, 8812 Base Line Road. i City Council Agenda -2- c.� Set November 5, 1980 for public hearing of ordinance adopting building regulations. An ordinance to update building and housing codes, adopting the latest editions of the Uniform Building Code, Uniform Housing Code, Uni- form Building Security Code, and related codes, with certain amendments. Will replace certain portions of San Bernardino County Code adopted by Ordinance No. 17 and supplement the nationally recognized model codes with modifications due to local conditions. ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNI- FORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILD- ING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. ,,v d.pproval of the Amendment to the Omnitrans Joint Powers Agreement - Section 3.B - Count all County Board representatives as one for the purposes of establishing a quorum. �y k,,ia "e. Request authorization for the City of Rancho Cucamonga to participate in the California State Surplus Pro- perty Program. RESOLUTION NO. 80 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EMPLOYEES DESIGNATED BY NAME AND TITLE TO ACT AS REPRESENTATIVES OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN ACQUIRING FEDERAL SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED. f. Set Public Hearing date of November 5, 1980 for Zone Change No. 80 -18: a change of zone from R -1 -T to R -3 on 5.5 acres of land located south of Foothill Boulevard, west of Baker Avenue APN 207- 191 -49 and 48. g. Release of Bonds: October 15, 1980 Parcel Map 4907: located on the northeast corner of Cleveland and Fourth Streets. Owner: KACOR Develop- ment Co. Faithful Performance Bond (road) $92,000 37 42 44 45 City Council Agenda -3- October 15, 1980 • Tract 9305: located north of Monte Vista and east of Hermosa Avenue. Owner: The Jones Company. Instrument of Credit (road) $30,000 Tract 9479: located north of Church Street and east of Turner. Owner: Kaufman and Broad. Faithful Performance Bond (road) $172,800 Tract 9325: located at 19th Street between Sapphire and Jasper Streets. Owner: Hughes Development Corporation. Labor & Material Bond (road) $152,000 h. Request for Acceptance of Deeds: for right -of -way 46 purchases for the widening of Vineyard Avenue between 8th Street and Arrow Route and authorization to pay property owners. i. Acceptance of Parcel Map No. 6005: It is recommended that 51 Council accept Parcel Map No. 6005 submitted by Associated Engineers located on the south side of Ninth Street at • Flower Road. RESOLUTION NO, 80 -94 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6005. J. Acceptance of Map and Bonds for Parcel Map No. 6206: It is recommended that Council accept the map and bonds for Parcel Map No. 6206 submitted by Daon- Barton Development. 54 RESOLUTION NO. 80 -95 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6206, IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY. (. Lien Agreement - Dr. Melvin Kornblatt: It is recom- 69 ended that Council approve the Lien agreement submitted by Dr. Melvin Kornblatt that will allow the postponement ^Lo of street improvements pursuant to Resolution No. 80 -38. 0 • City Council Agenda -4- October 15, 1980 RESOLUTION NO. 80 -96 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CON- TRACT AND LIEN AGREEMENT FROM DR. MELVIN KORNBLATT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. 1. Acceptance of Bonds for Director Review 79 -72: Recommend 78 that Council accept the improvement agreement and improve- ment security for Director Review 79 -72 submitted by Viana Tool and Machine, developer, of public right -of -way adjacent to the real property located at 11811 Eighth Street, RESOLUTION NO. 80 -97 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVE- MENT SECURITY FOR DIRECTOR REVIEW NUMBER 79 -72. • m. Tract 9447: Release of Staking Deposit. Located on the northwest corner of Church Street and Ramona Avenue. Owner: Walton Associated Companies. 104 Cash Staking Deposit $1,550. n. Preliminary Presentation of Proposed Employee Rules 105 and Regulations. This is the third and final volume of the "Comprehensive Personnel System" developed by consultant Doug Ayres. The first volume consisted of the "Classification Plan "; the second volume, the "Compensation Plan "; and this document contains the rules, procedures, and necessary forms to administer the system. Because of the length of the document, we are submitting the third and final volume for accept- ance and review only. This item will be formally pre- sented to Council at its meeting of November 5, 1980, 4. PUBLIC HEARINGS. A. VACATI91! F CENTER AVENUE, On September 18, 1980 Council 106 directed staff to explore perpetual maintenance guarantees of the landscaped area to be vacated on Center Avenue. The applicant has not responded to staff inquiries todate, • therefore, it is recommended that City Council continue this item to the November 19, 1980 meeting. f` J City Council Agenda -5- October 15, 1980 5. CITY MANAGER'S STAFF REPORTS. A. RE QUEST FROM CONGRESO PARA PUEBLOS UNIDOS TO ESTABLISH A HUMAN RELATIONS COMMITTEE FOR THE CITY OF RANCHO ff CAMONGA. Mr. Arnold Urtiaga will address the City Council re- garding a proposal to establish a Human Relations Committee for the City of Rancho Cucamonga. B. SOLID WASTE DISPOSAL FRANCHISE AGREEMENT. Report by Harry Empey, Finance Director. Ordinance No. 117 provides for a franchise agreement between the Refuse Companies and the City of Rancho Cucamonga and establishes guidelines for the collection of residential refuse. The intent of franchising is to insure all residences of an adequate level of service which will be maintained through the compliance of the ordinance and the contract. • Citizens concerned about the franchise agreement will have an opportunity to address the Council at this time. 0 107 112 C. RECOMMENDATION FROM CITY ADVISORY COMMISSION REGARDING 148 REQUEST FOR CABLE T.V. FACT FINDING COMMITTEE. Report by Jim Robinson, Assistant City Manager. D. AUTHORIZATION FOR COMMUNITY SERVICE DEPARTMENT TO SUBMIT A GRANT APPLICATION TO THE HERITAGE CATION AND RECREATION SERVICE UNDER THE URBAN PARK AND RECREATION RECOVERY PROGRAM FOR THE REHABILITATION OF VINEYARD PARK. Report by Bill Holley, Director of Community Services. 150 E. AUTHORIZE SALE OF A PORTION OF HERITAGE PARK FOR CON- 152 STRUCT ION OF DEMENS CHANNEL. Report by Bill Ho ley. 6. CITY ATTORNEY'S REPORTS. 7. ADJOURNMENT. R667 CITY OF RANCHO CLCAMONGA WARR Y VEN A V E N C 0 R N A M E 95 043C 96 7742 97 920C 00799 2015 00800 :077 00 P. C1 7504 00802 3 120C 00804 330` 00805 465C 00806 3407 00807 7985 00808 336C 00809 265C 00810 17302 00811 :3310 00812 -X323 COS13 8948 00814 999C 00815 9991 04827 4331C 04869'OI6C ANGELS HARDWARE PEACHTREc PLAZA HOTEL WASSF.RMAN, LAUREN M UNIV OF CALIF REGENTS CA CHPTR AM PL ASSOC CALIF PERMIT SERVICE NATL INST OF COMP DEVEL SAN ORNONO CO EMPLOY C DANK OF AMERICA <MPLUYM,ENT CEVLPMNT DER GLENf1ALE FEDERAL SAVING 9SSI6 , RCBERTA PUHLIC EMP RETIR%MENT S ROBERT ESCUOERO INC DAILY REPORT YILANGS ENERCY DYNAMICS OF SO C AMER INST OF PLANNERS UNITED PARCEL SERVICE 4EROX CORP ENERGY DYNAMICS OF SO C QIVE °SIOE CO PLANNING 04896 VOIC FORS'•S ALICNMENT 04897 VOID FORMS ALIGNMEMT C489R VOIC FORMS ALIGNMENT 04899 0001 A -I TURF IRRIGATION 04900 0002 A -AAHLE LOCK C KEY 04901 0031 AM INTL-6RUNING DIV 04902 J005C A S C T 04903 012`. ACTION TRAVEL AGFNCY 04904 0240 ALTA LOMA AUTO PARTS 04905 033C AM S,MINARS INSTITUTE C6 043C ANGELS HARDWARE 07 1265 HARKCR, GERALD 0 908 1300 4ASELINE HARDWARE 04909 19CC C G ENGINEERING C49I0 208C CAL POLY KELLOGG, UNIT F 04911 2093 CANN WHSLE PAPER CORP 04912 2296 CIRCLE K STORE 4909 04913 233` COCA CCLA BOTTLING CO 04914 2337 COCA COLA BOTTLING CO 0,015 245C CO SAN DLRNAROlN0 SHERI 01,916 2500 COVINGTB E CROWS 04917 2550 CROWiLL E LARSON 01,910 2575 CUCAMONGA CO WATER DIST 04919 2595 CUCA }IONGA PRINTI;!G 01,920 2601 WILLIAM CUTH9ERT INC 04921 2610 WILLIAI "S PRINTIN -, D 04922 2620 S 6 INC 04923 2680 CAYALAN "D, N 01.924 2689 DECORATIVE ACCENTS 04925 282C C.INEtN TRUCKING CO 3300 FP'!P!EY, HOARY J 3303 THE MPI�F CO 3160 rOBE"T HSCUOFRO INC 458`. C[N E.:AL CI ^ICING CU 4590 GENERAL ELECTRIC 460C GINERAL TELEPHCN° CO 461C GENGi CO`:SULTANTS 4700 GCROf1NS INC 4775 ;RANI, JERRY R 4794 I;RISSUI4 E JOHNSOf, 4863 HI,HLANOEP, PORLICATICNS "AN` 1'UG4 \r BARRY K. 490C HOLLF.Y, WILLIAM L 511! jU08S. LLOYD 5115 1NDI'>CD 5140 INLA >;O POWER SWECPING 6125 U4KA P.LCG SYSTEMS 66CC NING ENGINEERS, L D WARR DATE 9/23/80 9/23/60 9/23/80 9/24/60 9/24/80 9/24/80 9/24/60 9/24/80 9/24/x0 9/24/80 9/24/30 9/29/PO 9/29/80 9/29/80 0 G 0 0 0 0 0 0 0 0 WAR NET 52.66 132.00 500.00 57.00 20.00 15.00 509.24 1.169.50 7.023.61 2.736.28 1,261.00 266.65 6,878.70 1,898.40 12.89 721.27 1,398.82 9.00 - 75.00- 2,120.09- II. 452. 9P. 28. 588. 673. 4,715. 394. 4,335. 1,015. 670. 163. 149. 302. 179,053. 3.795. 900. 277. 18. 906. 105. 63. 221. 127. 2,212. 1rl0. 2,687. 40,606. 24. 3,956. 19. 4,099. 149. 125. 34,016. 464. 150. 150. 200. 286. 121. 1.561. 100. 10,078. { R867 CITY OF PANCHO CUCAMONGA NARR N VEN M V E N C 0 R N A M F. 4947 661? hRUSE, JOAN 948 663C LAM, JACK 949 6770 LEWIS MOVES OF CA 04950 663C MXE, SALLY 04951 7191 MARTIN PLSINESS MACHINE 01,952 7192 MARK- LOMA_FLOORItX INC 1C NAIL SANITARY SUPPLY CO 36 PAS ( ;RAPT•ICS INC 76 PIERICK, RUTH 25 PROGRESS BULLETIN 75 RAPID BATA INC 25 RICHARC I:ILLS ASSOC cc i;aOIRSONI JAMES H 33 ROESCH LINES INC 11 SAN 9CNO CO SURVCYOR 26 SCOTT RECICAL LAO 70 SMITH OROS GLASS SOUTHERN CALIF ECISON SOUTHERN CALIF GAS CO STATIONERSSCORP ,�'GT SUN TELEGRAM I "ITY CF SUNNYVALF TRANS -NEST FCRC TRUCK TRANSPORT INTL POOLS 4EGENTS U UNIV OF CALIF REGENTS VALLFiY SUU40 ELEC SYS wFST ENO UNITED HAY h ICKLS LUMBER i:ILLCAN ASSOC YUKON CISPOSAL SERVICE /.EE MECICAL SERVICE • IC/ 15/80 C ISCOUNT NET 45.00 zec.00 40.00 50.15 154.33 340.78 21.50 9.24 350.00 65.00 .35 67 67.31 30.00 4.40 412.70 4. .00 1 50 150.00 568.00 36.73 67.25 248.88 1,203.74 43.39 3,512.37 310.27 197.37 12.50 22,560.27 2132.50 160.00 I Ic.00 1,144.00 65.67 214.11 It 11, 1 .50 5C.00 439.05 L TOTALS 362,575.56 • Copy....., opt deratF —Mlurn all ..Pied Da Not Wrib Abere This Line—For N.adyuarins OTrn Only APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) 1. TYPE(S) OF LICENSE(S) FILE NO. To: Department of Alcoholic Beverage Control FEE NO, 1315 O Street �� zrard ino OF $c'�tE SF�R 6 t3I:�i GEOGRAPHICAL Sacramento, C.III. 95814 _!'10 a „rnlerepn.tnptaaalanr CODE 3315 The undersigned hereby applies for Date licenses described as follows: Issued Tamp, Permit 2, NAMES) OF APPLICANT(S) Applied under Sec. 24044 Cl H=T1L'B, Mcheel P. Effective Date: 7/1/80 Effective Dole: 3. TYPE(S) OF TRANSACTION(S) FEE LIC. TYPE ti 5b. 00 20 AtORiL 6.60 4, Name of Business Rancho :tents Q A 3. Location of Business — Number and Street &12 rasellne Rd. City and Zip Code Cauteryry RancllO I;LLCamonge, 91701 San tlCIivlltt �7 RECEIPT NO. [ /Dy TOTAL j 76.60 6. If Premises Licensed, 7. Are Premises Inside$ Show Type of License ae City Limits? 8. Mailing Address (if different from 5)— Number and Street tramp) lit Sm—ri 9. Have you ever been convicted of a felony? 10. Have you ever violated any of the provisions of the Alcoholic Beverage Control Act or regulations of the Department per - laining to the Act? 11. E.plain a "YES” answer to items 9 or 1D an an attachment which shall be deemed port of this application. 12. Applicant agrees (a) that any manager employed in emote licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act, 13. STATE OF CALIFORNIA County of San Bernardino Date 9/30/80 Under finally of ." n -tor 1i9nn below Iran <1 and r I1) .. A. ppli.. al the pays. all of Ibe loll".., t named! le If. I ...... do aor—lid., rely wlhorirad yr make IAr oseli-linn a ilr behan: 111 Ihot hero or r.ad Ibe.lore. said. amoll.. and .no a la O Ihneel and mm om and all of the Ih. made an Ihal o pea .,her than me npalie appliranir IIn, any din neo iddrao it the aporml, a applltanlf burneae la be ta'ndvtled under lrr he lirenairl far whim m., malionin, i cantle.! s, Ihot the 1 nda admit...... or propaad rl mbr made I lirly the pnvmeal of a loan a o Writ a agreement • red a me, n r 1") dove p —trine ache day o nh,lh the ..stet appllralion 1lfiled wish the 0ds.11 nl o o .in Inblirh a p10werc, r r for entered ..editor rof trande— o ,10—d w any . ediloe of Ir cafe...: 111 If., the Iramfer appfwli.. moy be wilted,. -d by rei ., the appliranr or Iheol lance -le, no I ... 11n. liabillq he -be Demanded, ,, Y 14. APPLICANT ��j1 1 SIGN HERE ' �� <' !'rr' ., id llcheei P. Miceticd APPLICATION BY TRANSFEROR 15. STATE OF CALIFORNIA County of Dole Urder ca 1p of priwr, fresh Area what ei.nalare mdal brew, a111un end r (1) He Ibe b,. alheet el in ...delab Ilgny4 MTN In the fwepein. Immin opalhelimr.frover. aathatind to make mit transfer alehanon o s bfrhall1frl11 athatn 4 hereby mket appet,tion to awarde .II maell in tM ..fh.d !items..) dnoibe' bfrlaa and re n I., e . la rM op,limnl and'art loranan irritated an IM oppor pardon pl t o appllaelien r -- r .,,,!. seed., n nnnra..J by If. 0,wlor 131 Ibe. Ibe Iran,#., nynhtnuo• or pronand Harder a nor made 1. ol,0, M1fr perm nl b loan no tall#. 0 • CITY OF RANCHO CUCANIONGA MEMORANDUM October 15, 1980 TO: City Council, City Manager te FROM: Building Official �f SUBJECT: Adoption of Building Regulations Accompanying this memo is a proposed ordinance for adopting the latest editions of standard codes for regulating building construction and maintenance. •City Council approval of the proposal will resind those portions of the San Bernardino County Code dealing with buildings and replace them with regulations that are generally in use throughout the United States. The ordinance represents those changes and additions to the model codes as prepared by the Building and Safety Division to respond to local conditions. The provisions relating to fire safety have been reviewed with Foothill Fire District and generally incorporate their viewpoints. The portions relating to grading are the second step toward establishment of comp- rehensive grading control in the city and have been reviewed and recom- mended for approval by the Planning Commission. The portions regarding building security were evolved through the Citizens Advisory Commission and carry their recommendation for approval. Attached is a tabulation of the proposed changes and a brief explanation of their significance and /or reason for the changes. It is recommended that the City Council introduce (first reading) and set the date of November 5, 1980 as the date for public hearing and second reading. Iq ORD. SECTION CODE NO. SECTION NO. REASON /SIGNIFICANCE 1 Deletes S, B. Co. regs. 2 Information:.) 3 Definitions 4A UBC /204 Establishes Board of Appeal consisting of Members of City' Council or appointees, rather than "persons qualified by experience and training" to pass upon building matters, Reason - persons in construction field generally do not wish to serve and when serving frequently encounter conflicts of interest, 4B UBC /205 Violation /penalty clause - required by law to be incor- porated to be effective 4C UBC /303 Establishes provision to effect completion or demolition of incomplete construction once permits have expired. 4D UBC /304 Revises administrative provisions regarding fees to coincide with Rancho Cucamonga fee adoption by Resolution also establishes retention fee on refunds. 4E UBC /305 Coordinates Bldg. approval with other developmental • requirements. 41; UBC Deletes fee table in UBC for consistency with Rancho Cucamonga fee policies 4G IIRC /420 Establishes swimming pool definition 411 UBC /1111 Establishes swimming pool as regulated construction 41 UBC, /1105 Deletes asphalt paving in buildings where motor vehicles are operated or stored. 4J Establishes new swimming pool fencing requirements - all new fencing will be 5' -6" height rather than 4' as now permitted. 4K Modifies published code so as not to require smoke detector for reroofing, exterior and interior refurb- ishing. Detectors would still be required for addition of habitable space exceeding $1000 value. 4L I1 UC/ cta ter 16 Establishes additional requirements for construction within the "Iligh Fire Ilazard Area" - re: roof coverings, attic and underfloor areas. 4M UK /1704 Restricts use of "ordinary" roof coverings in all ar to roofs not over 3000 sq.ft. in area and min. I', feet from property lines. 6— ORD, SECTION CODE. NO. SECTION NO. REASON /SIGNIFICANCE 4N I UBC /2907(b) Reduces the size of structure that may be constructed without any foundation to 200 sq.ft, rather than 400 sq.ft. as allowed by published code. 40 UBC/3708 Requires chimney spark arrestor consistent with State regulations. of UBC Niodifies new UBC requirement so as not to mandate a Appendix/ pre - inspection on all reroofing 3210 4Q UBC Expands and clarifies grading operations exempt from Appendix/ grading permits. 7003 4R UBC Revises enforcement capabilities re: hazardous naturil Appendix/ slopes or grading conditions. 7004 4S UBC Adds definitions consistent with Grading Committee Appendix/ Ordinance #118 7005 • 4T UBC Revises UBC consistent with Ordinance #118. Appendix/ 7006 4U UBC Revises fee schedule consistent with Rancho Cucamonga Appendix/ fee - establishing procedures 7007 4V UBC Elaborates and makes specific grading bond content and Appendix/ procedures 7008 41V UBC Clarifies and revises slope criteria, allows for waiver Appendix/ of compaction under certain circumstances 7010 4S U13 Clarifies and revises setback requirements for bldgs. Appendix/ from graded slopes 7011 41 UBC Expands and makes more specific, erosion control methods Appendix/ and slope irrigation requirements 701.i 5,1 }}}- --- IIIIC /:()3 Estahlishes City Council or their appointees as appeals Board � SA UIIC /201 penalty Section - required by law for enforcement tC� ORD. SECTION CODE- NO. SECTION NO. REASON /SIGNIFICANCE 5C UHC /1501 Revise method of payment in demolition cases consistent with city policies and procedures 6A UCADB /203 Violation penalty clause - required by law for enforcement 6B UCADB /203 Establishes City Council as appeals board 6C UCADB/ Creates a procedure for summary abatement of hazardous 206 -207 and dangerous conditions through city action - establish hearing and collection procedures for reimbursement of costs 61) UCABD /801 Revises administration of demolition contracts to be consistent with Rancho Cucamonga policies and responsibilities 6E UCABD /802 Deletes funding policy inconsistent with Rancho Cucamonga practice 6F UCABD/ Revises administrative responsibility from "public works thru 901 -90S director" to "building official ". 6T 7A UBSC/ Revises Uniform Building Security Code consistent with thru 4t01 -4115 recommendations of Citizen Advisory Commission 711 .8A USC /103 Violation Penalty - required by law for enforcement 88 USC /303 Modifies Uniform Sign Code consistent with Rancho 8C Cucamonga sign ordinance 9 Expressed findings necessary for modification of publish• ed codes - stipulated by State Law ' UBC Uniform Building Code UIIC Uniform Housing Code UCABD Uniform Code for Abatement UBSC Uniform Security Code USC Uniform Sign Code of Dangerous Buildings 7 • ORDINANCE NO. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. The City Council. of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Chapters 1, 5, 6, and 8 of Division 3, Title 6 of the San Bernardino County Code adopted by Ordinance 17 are hereby repealed. SECTION 2: For the purpose of providing minimum standards to safeguard life, limb, property and public welfare by regulating the desing, construction, quality of materials, use and occupancy, location and maintenance of • buildings, structures, those certain codes known as the "Uniform Building Code ", the "Uniform Housing Code ", the "Uniform Code for Abatement of Dangerous Buildings ", the "Uniform Sign Code ", the 'Uniform Building Security Code ", and the 'Uniform Building Code Standards ", 1979 editions, prepared and published by the International Conference of Building Officials, including all their indices and appendices, and except said portions thereof as are hereafter deleted, modified or amended by this Ordinance, three (3) copies of each of which said codes are on file in the Office of the City Clerk for public record and inspection, are hereby adopted by reference and made a part of this Ordinance in full, subject, however, to the amendments, additions and deletions set forth in this Ordinance. In the event of any conflict or ambiguity between this Ordinance and said codes set forth above or any other Ordinance lawfully adapted by the City of Rancho Cucamonga, these amendments and additions shall control. SECTION 3: Whenever any of the following names or terms are used in said codes, such name or tern shall be deemed and construed to have the meaning ascribed to it in this Section as follows: A. Building, Official shall mean the Building Official of the City of Rancho Cucamonga or Iris designated representative. B. Health Officer shall mean the Director of Environmental Health Services of San Bernardino County or his designated representative. C. Fire Thief shall mean the Fire Chief of the Foothill Fire District or his designated representative. 03 Ordinance No. Page 2 D. Building Department shall mean the Building and Safety Division of Community Development Department of the City of Rancho Cucamonga. . SECTION 4: The Uniform Building Code is amended as follows: A. Section 204 of said Uniform Building Code is amended to read as follows: Section 204. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons, other than employees of the City, appointed by the City Council and who shall hold office, at its pleasure. The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. B. Section 205 of said Uniform Building Code is amended to read as follows: Section 205. VIOLATIONS AND PENALITIES. It shall be. unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, • move, lmporve, remove, covert, relocate, demolish, equip, use, occupy, or maintain any building or structure or unsafe grading site in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. Maintenance of a building or structure which was unlawful at the time it was constructed and which would be unlawful under this Code if constructed after the effective date of such code, shall constitute a continuing violation of such code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, cr permitted, and upon conviction of any such violation such person shall be punishable fy a five of not more than $500.00 or by imprisonment for not more than six months, or both such fine and imprisonment. C. Section 303 of said Uniform Building Code is amended by addition of Subsection (f) to read as follows: Section 303 (f). UNFINISHED BUILDINGS AND STRUCTURES. Whenever the Building Official determines by inspection that work on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of 180 days or mare, the owner of the property upon which such structure is located or other person or age,t in control of said property,upon receipt of notice in writing from • the Department to do so, shall, within 90 days from the date of such written notice, obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the 1 Ordinance No. Page 3 building or structure within 120 days from date of the written notice. • D. Section 304 of said Uniform Building Code is amended to read as follows: Section 304 (a). PERMIT FEES. The fee for each permit shall be as set forth in Resolution of the City Council. The determination of value of valuation under any of the provisions of this code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire — extinguishing systems and any other permanent equipment. Whenever any work, for which a permit is required by this Code, has been commenced without first obtaining said permit, and when such work is discovered as a result of an investigation, the permit fees specified by City Council Resolution shall be doubled. The payment of such double fee shall not exempt any person form compliance with all other provisions of this Code nor from any penalty prescribed by law. Section 304 (b). PLAN REVIEW FEES. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Where plans are incomplete or changed so as to require additional • plan review, an additional plan review fee shall be charged. L Fees for plan review shall be as set forth by City Council Resolution. Section 304 (c). EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant, for a period not exceeding 180 days, upon written request, showing that circumstances beyond the control of the applicant have prevented action from being taken, No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304 (d). EXEMPTION FROM FEES. Neither the state nor this nor any other county, city, district, or other political subdivision, nor anv public officer or body acting in his official capacity on behalf of the state or of this or any county, ciyt, district, or other political subdivision shall pay or deposit anv fee required by this code. This Section data net apply to the State Compensation Insurance Fund or Public Housing Authority or where a public officer is acting with reference to private assets which have came under his ,jurisdiction by virtue of his office. )b Ordinance No. Page 4 Section 304 (e). REFUNDS. In the event that any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall • have expired as provided for in Subsection (d) of Section 302, the permittee, upon presentation to the Building Official of a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eighty percent (80 %) of the building permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). In case a permit is issued in error by the Building Official, all fees shall be returned to applicant upon request. No refund shall be granted when receipt of the request occurs more than 180 days following payment of the permit or plan check fee. No portion of a plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty percent (80%) of the plan checking fee shall be refunded; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). The Building Official shall satisfy himself as to the right of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. E. Subsection (d) of Section 305 is amended to read as follows: Section 305 (d). APPROVAL REQUIRED. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining written approval of the Building Official. Such written approval shall be given only after an inspection shall have • been made of each successive step in the construction as indicated by each of the inspections required in Subsection (e). There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ventilation and air conditioning inspections have been made and approval has been first obtained from the Building Official and all conditions of developments approval completed or guaranteed, except as provided for in Section 307 (d) for a temporary certificate of occupancy. In the event the building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth in Subsection 304 (c) above. F. Table 3 -A entitled "Building Permit Fees ", of said Uniform Code is deleted. G. Section 420 of said Uniform Building Code is amended by adding the following definition: SWIMMING POOL is any body of water created by artificial means designed or used for swimming, immersion or therapeutic purposes. H. Section 1101 of said Uniform Building Code is amended to read as • follows: Ordinance No. Page 5 Section 1101. GROUP M OCCUPANCIES shall be: • Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences or walls over six feet (6') high, tanks, towers and swimming pools. For occupancy separations. See Table 5 -B. For occupancy load see Section 3301. I. Section 1105 of said Uniform Building Code is amended to read as follows: Section 1105. In building areas where motor vehicles are operated or stored, floors shall be of noncombustible, nonabsorbent construction. J. Chapter 11 of said Uniform Building Code is amended by adding Section 1107 to read as follows: Section 1107 (a). Every person in possession of land within the City of Rancho Cucamonga, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool, having a water depth exceeding 18 ", shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other structure not less than five feet • six inches (5' -6 ") in height with no opening therein, other than doors or gates, having a greater dimension exceeding four inches (4 "). Openings may exceed 4" in greatest dimension when approved by the Building Official, provided such openings will not materially facilitate scaling the fence or other structure by children. All gates or doors opening through such enclosure shall be equipped with a self`- closing and self - latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use, however, the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped. Required latching devices shall be located not less than five feet (5') above the ground. The pool enclosure shall be in place and approved by the Building Official before water is placed in the pool. EXCEPTION: The provisions of this Section shall not apply to public swimming pools for which a charge or admission price is required to be paid for use thereof, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located. Section 1107 (b). Notwithstanding the requirements of subsection (a) any fencing serving as enclosure for a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting the requirements for fencing in effect at the time of construction of the swimming pool, nay continue; however, env replacement in whole or in part sha''.1 comply with the requiroments of subsection (a). K. Section 1210 (a) of said Uniform Building Code is amended to read as follows; 12 Ordinance No. Page 6 Section 1210 (a). FIRE - WARNING SYSTEMS. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. • Standard No. 43 -6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency swelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturers instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. When habitable space having a valuation exceeding $1000 or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be. permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this section. Said Uniform Building Code is amended by adding Chapter 16 to • read as follows: Chapter 16. REQUIREMENTS WITHIN HIGH FIRE HAZARD AREA. Section 1601. HIGH FIRE HAZARD AREA DEFINED. For the purpose of this chapter, all portions of the City of Rancho Cucamonga falling within the area encompassed by the following description .shall be known as the High Fire Hazard area: All lands bounded on the north, west and east by the city limits of the City of Rancho Cucamonga and on the south by the following described boundary: Beginning at the intersection of the northern boundary of the Rancho Cucamonga Grant and the center line of Cucamonga Creek; Thence easterly along the Rancho Cucamonga Grant boundary to intercept the center line of Almond Street; Thence easterly along Almond Street and the easterly prolongation thereof to the center line of Beryl Avenue; Thence southerly along tine center line of Beryl Avenue to the center line of Hillside Road; Thence easterly along the center line of Hillside Road to the center line of Haven Avenue; Thence southerly along the center line of Haven Avenue to the center line of Wilson Avenue; Thence easterly along the center line of Wilson Avenue to the . southwest corner of the southwest quarter, Section 24, Township I North, Range 7 Nest; '3 Ordinance No. Page 7 Thence southerly along the west boundary line of the east • one -half of Section 25, Township 1 North, Range 7 West to the center line of Highland Avenue; Thence eaterly along the center line of Highland Avenue to its intersection with the center line of Interstate 15; Thence northeasterly along the center line of Interstate 15 to the easterly boundary of the city of Rancho Cucamonga. Section 1602. Buildings or structures hereafter erected, constructed or moved within or into the High Fire Hazard Area shall comply with the provisions of this Chapter, regardless of other provisions of this code to the contrary. Section 1603. ROOF COVERINGS. Roof coverings installed within the High Fire Hazard Area shall be fire retardant as specified in Section 3203 (e). EXCEPTIONS: In Type V buildings of Group R or M occupancies, roofing may be any Class "C" built -up roofing assembly, Class "C" prepared roofing or a mineral aggregate surfaced built -up roof complying with Subdivision 3 of Section 3203 (f). Roof coverings having openings which would allow entrance of embers or flames shall be fire - stopped at eave ends to preclude entry of flame or embers under the roof covering. Section 1604. UNDERFLOOR AREAS. Buildings or structures shall have all underfloor areas enclosed to the ground with construction as required for exterior walls. • EXCEPTIONS: • 1. Enclosure is not required when the underside of all exposed floors and all exposed structural columns, beams and supporting walls are of non - combustible construction or protected with one - hour fire resistive materials. 2. The underside of cantilevered wood balconies and unroofed walking "decks ", constructed entirely of 2" or greater nominal thickness wood joists and decking, need not be enclosed. 3. Wood structural members having a minimum dimension of 6" nominal, tongue and groove flooring of VI' net thickness or plywood flooring of 1 -1/8" not thickness need not be enclosed or fire- protected. Section 1605. OPENINGS. Openings into enclosed underfloor or attic arras .shall be provided with doors or sash or shall be screened with galvanized or copper wire screen with maximum one - eighth inch (1/8 ") mesh size. Section 1606. ALTERATIONS. Buildings and structures alreadv erected in the High Fire Hazard Area to which additions, alterations, or repairs are made shall comply with the requirements of this Section for new buildings or structures except as specifically provided by Section 104. 14 vu a No Page 8 M. Section 1704 of said Uniform Building Code is amended to read as follows: Section 1704. Roof coverings shall be fire retardant except in Types III, IV, and V buildings, where it may be as follows: Ordinary roof coverings may be used on buildings of Group R Occupancies. which are not more than two stories in height and have not more than 3000 square feet of projected roof area and there is a minimum of 10 feet from the extremity of the roof to the property line on all sides except for street fronts. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. N. Subsection 2907 (b) of said Uniform Building Code is amended to read as follows: Section 2907 (b). BEARING WALLS. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size to support all loads. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall be as set forth in Table No. 29 -A. EXCEPTIONS: • 1. A one story wood or metal frame building not used for human occupancy and not over 200 square feet in floor areas may be constructed without a masonry or concrete foundations if walls are supported by a Portland cement concrete slab not less than 3Y' in thickness. 2. The support of buildings by posts embedded in earth shall be designed as specified in Section 2907 (f). Wood posts or poles embedded in earth shall be pressure treated with an approved preservative. Steel posts or poles shall be protected as specified in Section 2908 (h). 0. Chapter 37 of said Uniform Building Code is amended by adding Section 3708 to read as follows: Section 3708. Any chimney, flue, vent, or stovepipe attached to any solid or liquid burning, fireplace, stove, barbeque, or other device hereafter installed within or attached to any building or structure, shall be equipped with an approved spark arrestor. A spark arrestor is defined as a device constructed of non- combustible material equivalent to 12 guage steel welded or woven wire mesh or 3/16" thick cast iron plate. Perforations or openings in spark arrestors shall be not less than one -half inch ('I ") and not larger than five - eighths inches (5/8 ") and shall. be of sufficient number so as not to l J I Ordinance No. Page 9 reduce the required flue area. Spark arrestors shall be installed in such a manner as to be visible for inspection and accessible for maintenance. P. Section 3210 of the appendix of said Uniform Building Code is amended to read as follows: Section 3210. New roof coverings for existing buildings shall not be applied without approval of the Building Official. An inspection may be required to determine the acceptability of an existing structure for reroofing. A final inspection and approval shall be obtained from the Building Official when reroofing is complete. Q. Section 7003 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7003. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following: 1. Grading in an isolated, self- contained area if there is no danger to private or public property. 2. An excavation below finished grade. for basements and foothings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure. • 3. Cemetery graves. • 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineering geologists. 8. An excavation which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 feet in height and steeper than one and one -half horizontal to one vertical. 9. A fill less than 1 foot in depth, and placed on natural terrain with n slope flatter than 5 horizontal to one vertical, or less than 3 feet in depth, not intended to support structures, which does not exceed 100 cubic yards on any one lnl and does not obstruct a drainage course or alter drainage patterns. 16 Ordinance No. Page 10 10. An excavation for pipeline or other underground utility lines installed under a separate permit, provided that any necessary erosion control measures are made part of that permit. 11. Public works projects not requiring a building permit including sewer and storm drain construction, utility trenches, power transmission lines and appurtenant access roads and retaining walls or grading accomplished as part of street maintenance activities. 12. Recurring, regularly scheduled maintenance of existing facilities where no new construction is involved. This exemption includes the replacement of a single transmission tower or pole, which can be projected to reoccur over very long periods. 13. Emergency repairs to existing facilities resulting from natural or civil disaster including, but not limited to, rainstorm, flooding, earthslide, heat storm, earthquake, riot, sabotage, and the like. R. Section 7004 of Chapter 70 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7004. "Whenever the Building Official determines that any existing natural slope, excavation, embankment, fill or other condition created by a grading project has become a hazard to life or limb, or endangers property, adversely affects the safety, use or stability of a public way or drainage • channel, the Building Official may give the owner of the property upon which the condition is located or other person or agent in control of said property a written notice to abate the condition. Upon receipt of such written notice from the Building Official, the owner or other person or agent in control of said property shall within the period specified in the notice repair or eliminate such natural slope, excavation, embankment, fill or other condition so as to eliminate the hazard and be in conformance with the requirements of this Code." 5. Section 7005 of the Appendix of said Uniform Building Code is amended by adding, the following definitions: Final Grading Plan is a plan showing all detailed drainage information, grade elevations, building, locations and floor elevations. 2. Preliminary Grading Plan. A plan showing building pad elevations, tvpicn] drainage methods to be utilized, and similar generalized information, usually excluding finish floor elevations, building locations, and specific drainage details. T. Section 7006 of the Appendix of said Uniform Building Code is amended to read as follows: 11 7 Ordinance No. Page 11 Section 7006 (a). PERMITS REQUIRED. Except as exempted in • Section 7003 of this Code, no person shall do any grading without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site, and may cover both excavations and fills. Grading permits may be issued based upon submittal of either a preliminary or final grading plan. The preliminary grading plan requirements shall apply where insufficient precise detail of site improvement exists at the time of grading permit inssuance. Where grading is accomplished based upon a preliminary grading plan the submittal of a final grading plan shall be required prior to the issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail to assure that at the time of final grading plan submittal, all standards and specifications of this code and other City grading regulations will be met. Section 7006 (b). APPLICATION. The provisions of Section 302 (b) are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 7006 (c). PLANS AND SPECIFICATIONS. When required by the Building Official, each applicant for a grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a civil engineer when required by the Building Official, Section 7006 (d). INFORMATION ON PLANS AND IN SPECIFICATIONS. Plans shall be drawn to scale upon substantial paper or cloth and shall be • of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and name and address of the owner and the person by whom they were prepared. The plans shall include the following information: General vicinity of the proposed site. Property limits and accurate contours of existing ground and details of terrain and area drainage. 3. Elevations and finish contours to be achieved by the grading. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the extimated runoff of the area served by any drains. 5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. 6. Size, type and condition of vegetation that is to remain. 7. Legal restrictions such as property lines, easements, setbacks, etc. 18 Ordinance No. Page 12 S. Utility structures: catch basin, manhole, culvert, etc. 9. Utility lines: drainage, sewer, water, gas, electric. • 10. Any unusual site conditions. Contours, both existing and proposed, shall be shown in accordance with the following schedule: Natural Slopes Maximum Interval 2% or less 2 feet Over 2% to and including 97. 5 feet Over 92 10 feet Specifications shall contain information covering constriction and material requirements. Section 7006 (e). SOIL ENGINEERING REPORT. The soil engineering report required by subsection (c) shall include date regarding the nature, distribution and strength of existing, soils, conslusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications. Section 7006 (f). ENGINEERING GEOLOGY REPORT. The engineering • geology report required by subsection (c) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Section 7006 (g). ISSUANCE. The provisions of Section 302 are applicable to grading permits. The Building Official may also require submittal of the following additional information with the permit application. 1. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for protection of undistributed trees and /or vegetation. 2. Schedule defining staging and timing of construction and estimated a real extent of disturbance at strategic points during construction. 3. Equipment, methods, and location of spoils disposal. 4. A plan defining the schedule, equipment, materials, and crew that will be used to maintain all protective devices and drainage facilities shown on the approved grading plan. 5. Designation of routes upon which materials may be transported and menus of access to the site. Ordinance No. Page 13 6. The place and manner of disposal of excavated materials • and control of erosion from such materials. 7. Requirements as to the mitigation of fugitive dust and dirt offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience, and reasonable desires and the needs of said neighborhood or any portion thereof. R. Limitations on the area, extent and duration of time of exposure of unprotected soil surfaces. 9. Mitigating measures recommended by the Regional Water Quality Control Board or Resource Conservation District. 10. Phasing of operations to minimize water or other environmental impacts. 11. Such further applicable information as the Building Official may require to carry out the purposes of this ordinance. Section 7006 (h). COMPLIANCE WITH PLANS AND CODE. The permittee or his agent, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this Code. • Section 7006 (1). INSPECTIONS. In performing regular grading, it shall be the responsibility of the permittee to notify the Building Official at least one working day in advance so that required inspections may be made. Section 7006 (j). PROTECTION OF ADJACENT PROPERTY. During grading operations, the permittee shall be responsible for the prevention of damage to adjacent propety and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. Section 7006 (k). TEMPORARY EROSION CONTROL. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. U. Section 7007 of the Appendix of said Uniform Building Code is amended to reas as follows: Section 7007, FEES. Grading and plan check fees shall be as set forth by the most recent comprehensive fee Resolution .adopted by the City Cooncil. Where preliminary and final grading plans are submitted separately for plan checking and /or permit, fees .shall be calculated from the overall vardage to he moved under each submittal. • The fee for a grading permit authorizing addition work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. d Ordinance No. Page 14 V. Section 7008 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7008 (a). BONDS. Prior to the issuance of a grading permit • involving 5000 cubic ,yards or more of cut and fill, the applicant shall first post with the Building Official, a bond executed by the owner as principal and a corporate surety authorized to do business in this state. In lieu of a surety bond, the applicant may file a cash bond, or deposit and assign to the City, savings and loan certificates or other instruments of credit. Where unusual conditions or special hazards exist, the Building Official may require a bond for grading involving less than 5000 cubic yards. The bond required by this Section may include incidental off -site grading on property contiguous with the site to be developed provided written consent of the owner of such contiguous property is filed with the Building Official. The Building Official may waive the requirements for grading necessary to remove a geological hazard, where such work is covered by an agreement and bond posted pursuant to provisions of other Ordinances. Section 7008 (b). A?IOUNT OF BOND. The amount of the bond shall be based upon the number of cubic yards of material in both excavation and fill, plus the cost of all drainage or other protectible devices, work necessary to eliminate geological hazards, erosion control planting and required retaining walls, and masonry fences. That portion of the bond valuation based on the volume of material shall be computed as set forth in the following table: 1000,000 cubic yards or less....... 50% of the cost of grading work. • Over 100,000 cubic yards........... 50% of the cost of the first 100,000 cubic yards plus 25% of the estimated cost of that portion in excess of 100,000 cubic yards. Section 7008 (c). REDUCTION IN BOND. When rough grading has been completed in conformance with the requirements of this Code, the Building Official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this Section shall be as estimated by the Building Official. Section 7008 (d). CONDITIONS. Every bond shall include the conditions that the principal shall: 1. Comply with all of the provisions of City Ordinances, applicable laws, and standards. 2. Comply with all of the terms and conditions of the grading permit. 3. Complete all of the work authorized by the permit within the time limit specified in the permit or within any extension thereof granted. No such extension of time shall release the • surety upon the bond. Ordinance No. Page 15 Section 7008 (e). TERM OF BOND. The term of each bond shall • begin upon the filing thereof with the Building Official and the bond shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official, Section 7008 (f). DEFAULT PROCEDURES. In the event the owner or his agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and surety on the grading permit bond, or to the owner in the case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of this Code be performed. The surety executing the bond shall continue to be firmly bound under an obligation up to the full amount of the bond, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned to the person making said deposit or assignment. Section 7008 (g). RIGHT OF ENTRY. The Building Official or the authorized representative of the surety company shall have access to the premises described in the permit for the purpose of inspecting the work. In the event of default in the performance of any term or condition of the permit the surety or the Building Official, or any person employed or engaged in the behalf of either, shall have the right to go upon the premises to perform the required work. • The owner or any other person who interferes with or obstructs the Ingress to or egress from any such premises, of any authorized representative of the surety or of the City of Rancho Cucamonga engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. W. Section 7010 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7010 (a). GENERAL. Unless otherwise recommended in the approved soil engineering report fills shall conform to the provisions of this Section and to Figure A, Typical Lot Cross Section for fills. In the absence of an approved soil engineering report these provisions may be waived for minor fills not intended to support structures. Section 7010 (h). FILL LOCATION. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope toes ont within 12 feet horizontally of the top of a lower existing or planned cut slopes except in the Case of slopes of minor height when approved by the Building Official. Section 7010 (c). PREPARATION OF GROUND. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top -soil and other unsuitable materials scarifying to provide a bond • wit! the new fill, and, where slopes are steeper than five to one, and the O ^ Ordinance No. Page 16 height greater than 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least • 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Section 7010 (d). FILL MATERIAL. Detrimental amount of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches be buried or placed in fills. EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply: A. Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated on the grading plan. B. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. C. Rocks shall be placed so as to assure filling of all voids • with fines. Section 7010 (e). COMPACTION. All fills shall be compacted to a minimum of 90% of maximum density as determined by U.B.C. Standard No. 70 -1. Field density shall be determined in accordance with U.B.C. Standard No. 70 -2 or equivalent as approved by the Buidling Official. EXCEPTIONS: 1. Fills excepted elsewhere in this ordinance and where the Building Official determines that compaction is not a necessary safety measure to aid in preventing saturation, settlement, slipping, or erosion of the fill. 2. Where lower density and expansive types of soil exist, then permission for lesser compactions may he granted by the Building Official upon showing of good cause under the conditions provided herein. 7. All hackfill in utility line trenches shall be compacted and tested. The soils engineer shall verify that this backfilling has been satisfactorily accomplished. Alternate methods of filling and compaction may he utilized on specific projects when specified by the soil engineer and /or approved by the Building Official. Section 7010 (f). SLOPE. The slope of fill surfaces shall be no • steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. a3 Ordinance No. Page 17 Section 7010 (g). DRAINAGE AND TERRACING. Drainage and terracing • shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 7012. R. Section 7011 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7011 (a). GENERAL. The setbacks and other restrictions specified by this Section are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer, or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties_ from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Section 7011 (b). SETBACKS FROM PROPERTY LINES. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. I and Table No. 70 -C. Section 7011 (c). DESIGN STANDARDS FOR SETBACKS. Setbacks between graded slopes (cut and fill) and structures shall be provided in accordance with Figure No. 2. Y. Section 7013 of the Appendix of said Uniform Building Code is amended to read as follows: • Section 7013 (a). EROSION CONTROLS. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion - resistant character of the materials, such protection may be omitted. Section 7013 (b). OTHER DEVICES. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. Section 7013 (c). PLANTING. The surface of all cut and fill slopes more than five feet in height shall be. protected against damage by erasion by planting with approved grass or ground cover plants. Slopes exceeding 15 feet in vertical height shall also be planted with shrubs and trees at equivalent spacings, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of the site. EXCEPTIONS: 1. Planting need not be. provided for cut slopes, rocky in character and not subject to damage by erosion, when approved by the Building Official. 2. Slopes may be protected against erasion damage by other • methods when such methad., have been specifically recommended by a soils engineer, engineering geologist, or equivalent and found to offer erosion protection equal to that provided by the planting specifieyd in this Section. of 4 Ordinance No. Page 18 Section 7013 (d). IRRIGATION. Slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions • of the slope, and plans therefore shall be submitted and approved prior to installation. A functional test of the system may be required. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, such irrigation system will not be necessary for the maintenance of the slope planting. Section 7013 (e). RELEASE OF BOND. The planting and irrigation systems required by this Section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of the grading bond, the planting shall be well established and growing on the Slopes, SECTION 5 The Uniform Housing Code is amended as follows: A. Section 203 of said Uniform Housing Code is amended to read as follows: Section 203. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said memebers to be memebers of the City Council or persons other than employees of the City, appointed by the City Council and who shall serve nt its pleasure. . The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with Chapter 12 of this Code. B. Section 204 of said Uniform Housing Code is amended to read as follows: Section 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment far not more than six months, or by bnth Such fine and imprisonment. C. Section 1501 of said Uniform Housing Code is amended to read as • fol ow.s: a5 Ordinance No. Page 19 Section 1501 (a). PROCEDURE. When any work of repair or • demoliton is to be done pursuant to Section 1401 (c) 3 of this code, the Building Official shall cause the work to be accomplished by city personnel or by private contract under the direction of the Building Official. Plans and specifications therefore may be prepared by the Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. Section 1501 (b). COSTS. The cost of such work may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate. SECTION 6 The Uniform Code for Abatement of Dangerous Buildings is amended as follows: A. Section 203 of said Uniform Code for Abatement of Dangerous Buildings is anended to read as follows: Section 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or unsafe grading site or cause or permit the some to be done in violation of this code. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor and each such person shall be • deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. A. Section 205 of said Uniform Cod., for Abatement of Dangerous Buildings is amended to read as follows: Section 205. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be memebers of the City Council or persons other than employees of the City, appointed by the City Council and who shall serve at tis pleasure. The Building Official shall be an ex- officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official with duplicate copy to the appellant. Appeals to the Board Shall he processed in accordance with the provisions contained in Section 501 of this Cade. • C. The Uniform Code for Abatement of Dangerous Buildings is amended by adding sections 206 and 207 to read as follows: 91 Ordinance No. Page 20 Section 206. In addition to the procedures provided for abatement of dangerous buildings as set forth in Chapter 4 of this Code, the Building Official is hereby given summary power to secure from entry any structure • or premises which in his discretion he determines to be immediately dangerous, or immediately hazardous or in other manner injurious to public health or safety. Such structures may be secured by the Building Official by nailing of boards over the doors and windows of such structure, however, he shall not be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may be more appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DANGEROUS BUILDING, DO NOT ENTER ": or other appropriate sign upon the structure or premises in at least one conspicuous place. The Building Official shall immediately upon such action send notice to the owners of the real property upon which the structure or condition is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information: 1. That he has secured the structure or corrected the hazardous conditions. 2. The cost incurred by the City thereby. 3. That he has posted signs as provided by this section. 4. The reasons why he has taken the action. 5. That an appeal may be made within ten (10) days to the City Council, as provided in this Section. • 6. That if his action is not annulled by the City Council, the cost of securing the property shall become a lien upon the real property, unless the cost is paid to the City within thirty (30) days of the mailing of the notice. If any owner of property, or any person having any interest in property affected by the action of the Building Official in securing a structure or abating a hazardous condition as permitted by this section, is aggrieved by the action of the Building Official in securing the structure, such person or persons may appeal the action of the Building Official by filing a written notice of appeal with the City Clerk within ten (10) days after receipt of notice of the action by the Building Official. The notice of appeal must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed. The City Council shall, upon receiving such notice of appeal, hear any evidence or other relevant matters presented by the appellant or the Building Official at its next regular meeting after the filing of the notice of appeal, provided however, if the notice of appeal is filed less than ten days prior to the day of a regular meeting of the City Council, the hearing shall not be held at the first regular meeting„ but at the following regular meeting. After hearing all evidence and other relevant matters presented at said hearing or without • hearing if no appeal is made upon the report of the Building Off icfal, the City Council may then confirm, amend, or annul the action of the Building Official. If the action of the Building Official is annulled, the City at its own Ordinance No. Page 21 expense shall remove any and all instruments used to secure said structure, and shall remove any and all signs • stating that the building is unsafe to enter. If, however, the City Council confirms the action of the Building Official in securing the structure at the hearing on appeal, or if no appeal is taken at any other regular meeting, or adjourned meeting then the cast incurred by the City in securing the structure shall become a lien against the property, and a resolution of the City Council confirming the action of the Building Official, including the imposition of a lien upon the property upon which the structure is located to pay for the cost of securing it, may be adopted upon receipt of a report from the Building Official. Such resolution may he filed with the San Bernardino County Tax Assessor, and the lien imposed thereby may be collected for the City by him, along with the next annual tax levy and assessment on said property. Section 207. The same procedure, as provided in Section 206 of this Code for abating through securing from entry any structure which is determined by the Building Official to be immediately dangerous or immediatelv hazardous may also be used by the Building Official in connection with the summary abatement of all other dangerous or hazardous condition upon private property which the Building Official determines, at his discretion, as constituting an immediately dangerous or hazardous condition. The Building Official may then summarily abate such nuisance, at his discretion, in the most appropriate manner under the circumstances, which may include, but shall not be limited • to the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing fire hazards, filling or covering open holes and grading or strengthening land fills or excavations. Although the manner and methos used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. • D. Section 801 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 801. PROCEDURE. When any work of repair or demolition is to be done pursuant to Section 701 (c) 3 of this Code, the Building Official shall issue the order therefore and the work shall be accomplished by City personnel or by private contract under the direction of the Building Official, or he may employ such architectural and engineering assistance or. a contract basis as he may deem reasonably necessary. If any part of the work is to he accomplished by private contract, standard public works contractural procedures shall be followed. Said Uniform Code for Abatement of Dangerous Buildings is amended by deleting Section 802 in its entirety. Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amend ed to read as follows: a1� Ordinance No. Page 22 Section 901. The Building Official shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701 (c) 3 of • this Code. Upon the completion of the work of repair or demolition, said Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. G. Section 902 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Section 902. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing such report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, posted as directed by the City Council so as to give proper public notice, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the Clerk. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Building Official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. H. Section 903 of the Uniform Code for the Abatement of Dangerous • Buildings is amended to read as follows: Section 903. Any person interested in or affected by the Proposed charge may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection the date it was received by him. He shall present such protests or objections to the City Council at the time set for the hearing, and no other protests or objections shall be considered. Section 904 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Section 905. Upon the day and hour fixed for the hearing the City Council shall hear and pass upon the report of the Building Official together with any such Objections or protests. The Council may make such revision, correction or modification in the report or the charge as it may deem just; and when the Council is .satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be final and conclusive. CJ CC7 Ordinance No. Page 23 SECTION ): The Uniform Building Security Code is amended as follows: A. Section 4101 of said Uniform Building Security Code is amended to read as follows: Section 4101. The purpose of this code is to establish minimum standards to make newly constructed dwelling units and additions to dwelling units and private garages resistant to unlawful entry and to facilitate protection of property. B. Section 4102 of said Security Code is amended to read as follows: Section 4102. The provisions of this chapter shall apply to openings into dwelling units within apartment houses of Group R, Division 1 Occupancies and Croup R, Division 3 Occupancies and into private garages of Group M -1 Occupancies defined in the Uniform Building Code including openings between attached garages and dwelling units. EXCEPTIONS: 1. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. • 2. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 feet horizontally from the surface of any adjoining roof, balcony, landing, stair tread, platform or similar structure or when any portion of such surface is itself more than 12 feet above an accessible surface. L J Openings where the smaller dimension is 6 inches or less, provided that the closest edge of such openings is at least 40 inches from the locking device of the door or window assembly. 4. Openings protected by required fire door assemblies having a fire endurance rating of not less than 45 minutes. C. Section 4105 of said Uniform Building Security Code is amended to read as follows: Section 4105. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Except as provided in Section 3304 (h) of the Uniform Building Code, such view may be provided by a door viewer having a field of view of not less than 180 degrees, through windows or through view ports. 30 Ordinance No. Page 24 D. Section 4016 of said Uniform Building Security Code is amended to read as follows: Section 4106 (a). Swinging pedestrian doors and their hardware • regulated by this chapter shall comply with UBC Standard No. 41 -1, Part I or equivalent standard. Doors and hardware shall be installed as tested. EXCEPTIONS: Doors fabricated and installed as set forth in Subsections (b) through (i) below. Section 4106 (b). DOOR CONSTRUCTION. Such doors shall be of solid construction with a minimum thickness of one and three - quarters inches (1 3/4 ") except for recessed panels which may be not less than nine - sixteenths inches (9/16 ") thickness. Section 4106 (c). LOCKING DEVICES. Such doors shall be equipped with a double or single cylinder deadbolt lock. The bolt shall have a minimum projection of one inch (1 ") and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three- fourths inch (3/4 ") into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the back by connecting screws of at least one - fourth inch (li') in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted provided it meets all other specifications for locking devices. Section 4106 (d). INACTIVE LEAVES. Inactive leaves of double doors • shall be equipped with metal flush bolts at top and bottom having a minimum cross - sectional dimension of one -half inch (h') and a minimum embedment of five - eights inches (5/8 ") into the head and threshold of the frame. Section 4106 (e). BLOCKING. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Any spaces between jambs and trimmers and adjoining studs shall be shimmed solid. Section 4106 (f). STOPS. Door stops of wooden jambs for inswinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. Section 4106 (g), GLAZING. Glazing in exterior doors within forty (40) inches of any locking mechanism shall be of fully tempered glass or burglary resistant glazing, except when double cylinder deadholt locks are installed. Section 4106 (h). STRIKE PLATE INSTALLATION. In wood frame con- struction any open space between trimmers and wood door jambs shall be solid shimmed by a single piece extending not less than 6 inches above and below the strike plate. Strike plates shall be attached to wood with not less than two No. 8 x 2" screws. All strike plates of doors in pairs shall be installed as tested, • 31 Ordinance No. Page 25 Section 4106 (i). HINGES. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical • interlock to preclude removal of the door from the exterior by removing the hinge pins. E. Section 4107 of said Uniform Building Standard Code is amended to read as follows: Section 4107. SLIDING DOORS. Section 4107 Sliding Door assemblies regulated by this chapter shall comply with UBC Standard 41 -1, Part II or equivalent standard. F. Section 4108 of said Uniform Building Standard Code is amended to read as follows: Section 4108, WINDOWS. Window assemblies which are designed to be openable and which are regulated by this Chapter shall comply with UBC Standard 41 -2 unless such windows are protected by approved metal bars, screens or grilles. G. Section 4109 of said Uniform Building Security Code is amended to read as follows: Section 4109 (a). GARAGE VEHICULAR ACCESS DOORS. Rolling overhead, solid overhead, swinging /sliding or accordian doors provided for vehicular access to private garages shall be constructed and installed as set forth in this section. • Section 4109 (b). Such doors shall be provided with an exterior covering of one of the following: 1. Exterior grade plywood not less than five- sixteenths inches (5/16 ") in thickness. 2. Aluminum not less than four- hundredths inches (.04 ") in thickness. 3. Steel not less than three - hundredths inches (.03 ") in thickness. Fiberglass having a density of not less than five ounces (5 oz.) per square foot. 5. Wood siding not less than nine - sixteenths inches (9/16 ") in thickness. Section 4109 (c). LOCKING DEVICES. All locking devices utilizing it cylinder lock shall have a minlmum five (5) pin tumbler operation with the locking bar or holL extending into the receiving guide it minimum of one inch (1 "). Slide bolt type locking assemblies shall have a bolt diameter of not less than throe - eighths inch (3/8 "). Slide bolts shall penetrate the receiving guido not Less than one and one -half inches and shall be attached with three (3) bolts that aro nett removable from the outside. 10 Rivets shall not be used to attach slide bolt assemblies. 32 Ordinance No. Page 26 Doors exceeding sexteen feet (16') in width shall be provided with opposite, centrally located locking points, either at each side or at top and bottom of the door. . EXCEPTIONS: For doors nineteen feet (19') or less in width, a single locking point may be used if centrally located at the floor or top of the door. 2. Doors provided with torsion spring counter - balance type hardware. Section 4109 (d). FRAMES. Frames for garage vehicle - access doors shall be constructed of one of the following: 1. Aluminum not less than twelve- hundredths inches (.12 ") in thickness. 2. Steel not less than six - hundredths inches (.06 ") in thickness. 3. Wood not less than one and one -half inches (1!") in thickness. H. Said Uniform Building Security Code is amended by adding Sections 4110 through 4115 to read as follows: Section 4110. COMPLEX DIAGRAM. There shall be positioned at each entrance of a multiple family development, an illuminated diagrammatic repre- sentation of the complex which shows the location of the viewer and the unit . designations and locations within the complex. Section 4111. LIGHTING. Lighting in multiple family dwellings shall be as follows: the building complex shall be illuminated with an intensity of at least twenty - five one - hundredths (.25) footcandles at the ground level during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. 2. Open parking lots and car ports shall be provided with a minimum of one (1) footcandle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. Section 4112. KEYING. Upon occupancy, each dwelling unit in a subdivision or multiple family development shall have locks using keys that are not interchangeable with any other dwelling unit in the subdivision or multiple family development. Section 4113. DEFINITIONS. 1. "Burglary Resistant Glazing" means those materials as defined in Underwriters Laboratory Bulletin 972. • 33 Ordinance No. Page 27 2. "Double Cylinder Deadbolt" means a deadbolt lock which can • be. activated only by a key on both the interior and the exterior. 3. "Door Stop" means that projection along the top and sides of a door jamb which checks the door's swinging action. 4. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single family dwellings. 5. "Flushbolt" is a manual, key or turn operated metal bolt normally used on inactive door(s) and is attached to the top and bottom of the door and engages in the head and threshold of the frame. 6. "Single Cylinder Deadbolt" means a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb —turn, lever, or similar mechanism. Section 4114. ALTERNATE MATERIALS AND METHODS. The provisions of this chapter are not intended to prevent the use of any material, device, hardware or method not specifically prescribed in this chapter, when such alternate provides equivalent security and is approved by the Building Official. . Section 4115. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or corporation to construct, erect, enlarge or alter any building or permit the same to be done contrary to, or in violation of, anv of the provision of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Code is committed, continued or permitted, and upon conviction of such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months or by both such fine and imprisonment. SECTION 8: The Uniform Sign Code is amended as follows: A. Section 103 (d) of said Uniform Sign Cade is amended to read as follows: Section 101 (d). VIOLATIONS AND PENALTTES. It shall he unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip or use or maintain anv sign or sign structure in the City or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. Anv person, firm or corporation violating anv of the provisions of this Code shall be guilty of n mi <demeanor and each such person shall • h" deemed guilty of a separate offense, for each and every day or portion thvr of during which any violation of any of the provisions of this Code is committed, continued, or permitted; and , upon conviction of any such violation, such person shall be punishable by a fine of not more than 3� Ordinance No. Page 28 $500.00 or by imprisonment of not more than six months or by both such fine and imprisonment. • R. Section 303 of said Uniform Sign Code is amended to read an follows: Section 303. The following work shall not require a sign permit, however, these exemptions shall not be construed as relieving the owner of the sign from the responsibility for its' erection and maintenance, compliance with the provisions of this Code, the Rancho Cucamonga Sign Ordinance, or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message on a painted or printed sign. 2. Painting, repainting or cleaning of an advertising structure provided no structural change is made. 3. Signs less than 6 feet above grade that are not electrically lighted. 4. Changing of theater marquees and similiar signs specifically designed for the use of replaceable copy. Any permit issued for erection of a sign in violation of this Code or other ordinance is automatically void and shall be cancelled by the Building Official. • C. Said Uniform Sign Code is amended by deletion of Chapters 5, 6, 7, 8, 9, 10, 11, 12, and 14. SECTION 9: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a city may make such modifications in the requirements of the regulations adopted pursuant to Health and Safetv Code Section 17922 as it determines to be reasonably necessary because of local conditions, and the City Council of the City of Rancho Cucamonga determines that the modifications set forth herein are in fact reasonably necessary because of local conditions as set forth more fullv below: a. It is reasonably necessary, because of local conditions, to modify and supplement Chapters 2 and 3 of the Uniform Building Code, Chapters 2 and 15 of the Uniform Housing Code, 1979 Editions, dealing with administration and enforcement, in order to provide for efficient and orderly operation of the Building and Safety Division. b. It is reasonably necessary, because of local conditions, to modify Sections 420, 1101, and add Section 1107 to Chapter 11 of the Uniform Building Code, 1979 • Edition, in order to provide regulation and protection from life hazard in and around swimming pools and other man -made bodies of water. Ordinance No. Page 29 C. It is reasonably necessary, because of local conditions, • to modify Sections 1105 and 2907 (b) of the Uniform Building Code, 1979 Edition, dealing with floors, in order to reduce deterioration in certain buildings. d. It is reasonably necessary, because of local conditions, to adopt Chapter 16 and modify Sections 1704 and 3708 of the Uniform Building Code, 1979 Edition, in order to reduce fire hazards in high fire hazard areas and reduce the spread of roof fires in buildings. e. It is reasonably necessary, due to local geological conditions, to modify chapter 70 of the Appendix of the Uniform Building Code, 1979 Edition, to reduce erosion and provide protection against development of hazardous grading conditions. Each and every modification of said Code as adopted by this City Council has been necessitated bacause the provisions of the published Code are inadequate to provide for protection of health, safety and welfare of the general public and efficient, orderly administration of the Building and Safety Division. The above listed expressed findings shall be made available as a public record and a copy with the modifications thereof, shall be kept on file with the Building and Safety Division. . SECTION 10: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. The City Clerk shall also file a certified copy of this ordinance with the State Department of Housing and Community Development. PASSED, APPROVED and ADOPTED this day of , 1980 by the following vote: AYES: NOES: ABSENT: ATTEST: 40 Lauren M. b'asserman, City Clerk Phillip D. Schlosser, Mayor ,AIi11iL'R7flS DATE: October 1, 1980 TO: All City Managers and Administrators of the Omnitrans Technical Advisory Committee FROM: Robert E. Chafin, General Manager SUBJECT: Amendment to Omnitrans Joint Powers Agreement - Section 3.B. - Count all County Board Representatives as one for the purposes of establishing a quorum At the meeting of the Omnitrans Board of Directors held on the 10th day of September, 1980, said Board amended the Omni- trans Joint Powers Agreement, Section 3.B., to count all County Representatives to the Board as one, for the limited purpose of establishing a quorum. This amendment must be approved by all the agencies within Omnitrans before it can be implemented. After you have obtained approval from your governing boards, please contact Omnitrans in order that the original document may be forwarded to you for signature. ROBERT E. CHAPI GENERAL MANAG REC:mrc Enc. 1 31 W 1700 WEST STHSTREET• SAN BERNARDINO, CA I FOR NIA 92411 *TELEPHONE (714) 383.5116 AMENDMENT TO • JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO AND UPLAND CREATING A COUNTYWIDE TRANSPORATION AUTHORITY TO BE KNOWN AS "OMNITRANS ". THIS AGREEMENT AMENDMENT, dated for convenience on the Ist day of September, 1980, is entered into by and between the COUNTY OF SAN BERNARDINO and the CITIES OF CHINO, COLTON, FONTANA, GRAND TERRACE, LOMA LINDA, MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO and UPLAND, all of which are bodies politic in the State of California. W I T N E S S E T H: WHEREAS, the parties forming OMNITRANS, a joint powers authority; desire to amend the OMNITRANS Joint Powers Agreement to provide for counting •all County representatives on the Board of Directors as one for the purpose of establishing a quorum for meetings of the Board of Directors; and WHEREAS, this Amendment will provide for the efficient operation of OMNITRANS; NOW, THEREFORE, the parties to the OMNI TRANS Joint Powers Agreement agree as follows: 1. Section 3.8. of the OMNITRANS Joint Powers Agreement dated March 8, 1976 is hereby amended, effective upon approval of this Amendment by all member agencies of OMNITRANS, to read as follows: "Section 3.13 Voting. Each member of the Board of Directors shall have one vote, provided, however, that upon the call of any Board member, a weighted voting shall be used which Page I of 4 38 elf 1 entitles each member agency to one additional vote for each $5,000 of capital asset value (rounded to the nearest 5,000) contributed to OMNITRANS in the name of • the member agency as of the preceding June 30 or December 31. Total capital asset value contributed by each member less depreciation shall be computed by the Controller designated in Section 3.D. of this Agreement and such computation will control in determining weighted votes. The weighted votes to which the County is entitled shall be divided equally among those Supervisors present. The weighted votes of any single representative shall not be split. The weighted voting of any single member agency shall not of itself, con- stitute a majority vote. A quorum shall consist of a majority of the membership of the Board of Directors, except that all County representatives on the Board of Directors shall be counted as one for the purpose of establishing a quorum. Less than a quorum may adjourn from time to time. All actions taken by the Board shall • require a majority vote of the members present, with a quorum in attendance, provided, however, that adoption of By -laws, Amendment of By -laws, adoption of an annual budget and such other matters as the Board may designate shall require a majority vote of the entire membership of the Board (majority of total weighted votes of all parties if weighted voting is called for). An abstention shall be considered neither an affirmative nor a negative vote, but the presence of the member abstaining shall be. counted in determining whether or not there is a quorum in attendance." 2. All other provisions of the OMNITRANS Joint Powers Agreement as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement Amendment t" be executed and attested by their proper officers thereunto • Page 2 of 4 1 duly authorized as of the day and year first above written. • Dated: COUNTY OF SAN BERNARDINO ATTEST: Clerk of the Board Chairman Board of Supervisors Dated: ATTEST: it C Ierk Dated: ATTEST: City Clerk Dated: ATTEST: • City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Page 3 of 4 CITY OF CHINO Mayor CITY OF COLTON Mayor CITY OF FONTANA Mayor CITY OF GRAND TERRACE Mayor CITY OF LOMA LINDA Mayor CITY OF MONTCLAIR Mayor CITY OF ONTARIO Mayor Dated: CITY OF RANCHO CUCAMONGA ATTEST: • City Clerk Mayor Dated: CITY OF REDLANDS ATTEST: City Clerk Mayor Dated: CITY OF RIALTO ATTEST: City Clerk Mayor Dated: CITY OF SAN BERNARDINO ATTEST: • City Clerk Mayor Dated: CITY OF UPLAND ATTEST: t Mayor • Page 4 of 4 t �l r CITY OF RANCHO CUCAMONGA MEMORANDUM • Y October 6, 1980 i F 1977 To: Bill Holley, Director, Community Services From: Bob Rizzo, Administrative Aid, Community Services Subject: California State Surplus Property Program This program transfers surplus personal property for donation to non - federal public agencies. The GSA is the overall authority and manages this program. The property available under this program includes hand and machine tools, hardware, motor vehicles, aircrafts, construction equipment and a host of other items. Also, the available items are continually changing according to the property received. Features of Program - Property is purchased at 1% of its retail value. • - The purchaser has one year to put properties in service, and it must stay in service for one year (in come cases, this is 1� year). - The purchaser is allowed 90 days to return property to receive a refund, however, this period may be extended if contact is kept with agency. This program would provide the City of Rancho Cucamonga with an avenue to obtain equipment for public safety purposes at reasonable prices. It should be noted some of the equipment is new, however, most of it needs work. Also, a "card" system is used. An agency fills out a card requesting some type of equipment, and when it is received, they are called to view it. They are not held to purchase this property. This system could be used to our advantage if we wish to participate in the program. If we participate, authorized personnel would need to be chosen. Buyers (donees) are classified in four catagories. A - Category One - Select and take delivery of properties: Wasserman Holley Empey B - Category Two - Same as Category One, but a member of Category One must authorize purchase: Wickum Tyrell Rizzo (continued to page 2) �0 memo pg. 2 to:B.Holley from:B.Rizzo subj: Surplus Property Program C - Category Three - May select and not take delivery.: none at this time. D - Category Four - Temporary authorizations - same as Category Three for limited time: None at this time. Staff Recommendation: 0 The City of Rancho Cucamonga should participate in this program to allow • us a possible means to secure public safety (flood rescue) equipment at reasonable prices. • q3 • RESOLUTION No. 90 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EMPLOYEES DESIGNATED BY NAME AND TITLE TO ACT AS REPRESENTATIVE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN ACQUIRING FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED. WHEREAS, the City Council of the City of Rancho Cucamonga, California, desire to participate in the California State Surplus Property Program NOW, therefore, be it resolved by the City Council of the City of Rancho Cucamonga as follows: 1. That the City of Rancho Cucamonga will participate in the above mentioned California State Surplus Property Program; 2. That the following listed City employees will act as authorized representatives to acquire federal surplus property from the is California State Agency for Surplus Property: Lauren Wasserman, City Manager Harry Empey, Finance Director Bill Holley, Director, Community Services PASSED, APPROVED and ADOPTED this day of October, 1980 AYES: NOES: ABSENT: ATTEST: i City Clerk 4� Phillip D. Schlosser, Mayor 45 CITY OF RANCHO Cl1CANIONGA �oG�'cnM�1c' STAFF REPORT DATE: October 15, 1960 � F T0: City Council and City Manager u 1977 FROM: Lloyd Hubbs, City Engineer SUBJECT: Consent Calendar, Release of Bonds Parcel Map 4907 - Located on the Northeast corner of Cleveland and Fourth Streets OWNER: KACOR Development Co. P. 0. Box 755 Temecula, California 92390 Faithful Performance Bond (Road) $92,000 Tract 9305 - Located North of Monte Vista and East of Hermosa Avenue OWNER: The Jones Company 10945 South Street P. O. Box 1178 Cerritos, California 90701 • Instrument of Credit (Road) $30,000 Tract 9479 - Located North of Church Street and East of Turner 014NER: Kaufman and Broad P. O. Box 19550 Irvine, California 92713 Faithful Performance Bond (Road) $172,800 The road construction for Parcel Map 4907, Tract 9305 and Tract 9470 has been approved as being in accordance with the road improve- ment plans and it is recommended that the City Council accept the roads. Tract 9325 - Located at 19th Street between Sapphire and Jasper Streets OWNER: Hughes Development Corporation 510 West Citrus Edge Glendora, California 91740 Labor and Material Bond (Road) $152,000 • 45 0 • 0 STAFF REPORT DATE: October 15, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Request for Acceptance of Deeds On January 2, 1980 approval was given for the purchase of several parcels of land required for the widening of Vineyard Ave. between 8th St. and Arrow Rte. The appraised value of the land totaled $24,570.00. Negotiations have been completed with the property owners and settlements, in accordance with the appraised values, have been made. Two of the property owners have accepted cash payments and three have requested that street improvements in front of their property be provided instead of a cash payment. Maps showing the parcel locations have been attached. RECOMMENDATION It is recommended that the City Council authorize acceptance of the deeds for the right -of -way parcels as previously described in City Council Resolution No. 80 -2 for the Vineyard Ave. reconstruc- tion project. RReesssp�pecctfully submitted, LBH:PAR:jaa Attachments 16 Ll 0 D 58 Ac. L 9 TA, Sfree f /0 /6 Farce /= I %47 A /berf W Rea / ES 7'49 O Parf /V be, ,} 0 9 Th Sfree / I Th 91ree f P /af 41ber74 J41Pa ffisoi Pdree/ 3 f?ea/ ESfa7leAp�ora15 A- Air-,.. !* 97h Sfree / A /ber f {YGa f fisoa Rea / Es -)4a A--Appraiser- o Par/ fo 6eAcpu��ed i S,C -C9 i_ goo 9 Th Sfreef 1 0 C� � r F 8 Th Stree f -- 1011:7 7L 4/berg W12,57 1-116-017 Pdree / fin ` 7 6eea / Es f� ApPraisec 5c� r1 0 • 0 area. STAFF REPORT <� DATE: October 15, 1980 O U 1977 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer SUBJECT: Acceptance of Parcel Map No. 6005 The subject Map is submitted by Howard Hucks to adjust lot lines approved under a previous parcel map. The new lot lines corres- pond to the recently approved site plan. Flower Street was dedicated and surety bonds issued for its construction under the original Parcel Map No. 5194. RECOMMENDATION It is recommended that Council adopt the attached Resolution approving Parcel Map No. 6005 and direct the City Engineer to forward same for recording. Respectfully submitted, G LBH:JLM:jaa Attachment 51 • RESOLUTION NO. 80 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6005. (TENTATIVE PARCEL MAP NO. 6605) WHEREAS, tentative parcel map number 6005, submitted by Associated Engineers and consisting of 7 parcels, located on the southside Nineth Streetat Flower Road, being a division of Lot 10 of Cucamonga Vineyard Tract was approved by the City Engineer of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 6005 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 6005 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PASSED, APPROVED, and ADOPTED this day of , 1980. AYES: NOES: ABSENT: ATTEST: Lauren M. Wasserman, City Clerk • 502 Phillip D. Schlosser, Mayor •1 0. 1 •1 O 41 1-4 ^FIGHTH rrAi T4 Ti of 'PARCEL . MAP NO. 6005 .......... nou NINTH STREET O 41 1-4 ^FIGHTH STREE nou CITY OF RANU10 CUCAMONUA STAFF REPORT 0 DATE: October 15, 1980 UII 1� TO: City Council and City Manager 1977 FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Approval of Parcel Map No. 6206 The subject Parcel Map No. 6206 is submitted by Daon- Barton Development. The industrial subdivision is for 25 lots on 346.1 acres located on the east side of Haven Avenue between Foothill Blvd. and Arrow Route. Most of the lots being created are in the first phase of the development, which is located in the southwest corner of the property. The development, known as the Rancho Cucamonga Business Park, is presently under construction. Staff prepared and has received in turn the executed Agreement and Bonds, which are sufficient to • insure completion of the required street and storm drain improve- ments. The Bonds are as follows: Performance Surety $1,200,000.00 Labor S Material Surety $1,200,000.00 Cash Monumentation $ 1,875.00 RECOMMENDATION It is recommended that Council adopt the attached Resolution which approves the Map and Agreement, thereby, directing the Mayor to sign the Agreement on behalf of the City and allowing the City Engineer to forward the Map to the County Recorder. Respectfully submitted, LBH:JLM:jaa Attachment • RESOLUTION NO. 80 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6206, (TENTATIVE PARCEL MAP NO. 6206 ) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, tentative Parcel Map No. 6206, submitted by Dann Barton Development Co., and consisting of 25 parcels, located at the southeast corner of Foothill and Haven, being a division of the North half of Section 12 Township 1 North Range 7 West San Bernardino Meridian was approved by the City Engineer of the City of Rancho Cucamonga on June 12, 1980; and, WHEREAS, Parcel Map Number 6206 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an improvement agreement guaranteed by acceptable improvement security by Daon Corporation as developer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said improvement agreement and • said improvement security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said improvement agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map Number 6206 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. `J PASSED, APPROVED, and ADOPTED this day of 1980, AYES: NOES: ABSENT: ATTEST: Phillii D. Schlosser, Mayor Lauren M. Wasserman, City Clerk 56' . ,. i15i44'D \ _ MM ...uu...•••��•'••• "" r•.' - 0' It � •,. V VGA � ... to unnn ..... ........nu.uuuuuu v. � • ��.• II w . �. NI ' errw:tiaa - hnl.un.nuuuu..�uum m.uuu...6munnu .omu1 iunmgm nuiwnmumnnuOnunmun.5.um. 44 r �� Y. //1'V� . I � `� ••.i•: .talli4a.! r13i.ti :. f.•_; ,. R5 ICJ 5%tW -?tA 49t or r UCAMONGA BIUSINESS PARK 5-6 ^ e 3a Je luJ/ >rS,rmC1 ✓.r r/M ( ^yy znrl m/a...e.v. cwry wenr aJn.e PaU c4 ry,� SIJ rf,/ �rr, Cu<amv.�e Crny wstr RrYid GJ in..`Yrn C�sNIw !a G++puy PMV. W-aM > /If MJ -ff✓ 6Tes/ A'f?L.I vV�w 1.f0 .Saute :xvJ iarvuv� Jt.e+w ryv 4Y -.»f IZNPI E T,Pl9CT MMP /N THc'C /TYCf,PR>YCiA�C& -4A. ,'M, CMNTY RF r✓Y 2f,7NR,?O /1J0, SiRTf OFGIUFO.PN /R, seip a pdf•m dS/er'.'s+>t, r./s., .+.rw.(r: a. u., e, pc cni,etl.�+Yt Ge.erV..ml >a...Kp sYa/ .w.(n n[J ,v/. eJ n,w .P4.eaae fGY++Y u cT+'/.'I J ldsV HM X /.u.un re.prry:w O /eA. rtrs% 1 /yr/ >r ,fca .. er >.bl. JnY :6f d GNYb /twW. J.[�N ✓� J.n � Gv..j.. ..'+b /r d'!Y✓ ,'s pP,;ri�J :LVO (VC Lpn1 N4rve/ t, =�! KP(i6r ref.aLw rowY1f AK:[f O .Ye,f .01>FC) >I M>.M.1I>ON M.v.'e...I rnrgl ww wr (sM'A:w ..rpvre,rYn /J OG� Ml n PCfPYfD !Y FaN rfrsuvign Ls. rr,a A..+An wary, vblomi JrJaO ry / rrP -rrr/ l[�FMO • • • 9...1.1 ] 12-NINRL' T1IC1- ws .......... di 1 0 , . r , %EtiT l/WE // P1 04119 f�i ✓. cy J+rw G.u.ow. <....y J f 57 E • Executed in duplicate CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT • FOP. PARCEL. MAP P10. 6206 X;;OlJ ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said city and _ Daon cor ration hereinafter referred to as the Developer. WITNESSETHt THAT, WHEREAS, pursuant to said Code, Developer has requested approval by the City of Parcel Map Number 6206 in accordance with the provisions of the report of the City Engineer thereon, and any amendments thereto; located N -S -O Arrow Route at Haven Avenue and, WHEREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel, map; and, WHEREAS, the execution of this agreement and posting of improvement security . as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the pupose of securing said approval; NN, THEREFCRE, it is hereby agreed by and between the City and the Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 3 hereof within nine months from the date hereof, as per Section 2.12 of Ordinance No. 28. 2, The term of this agreement shall be nine months commencing on the date of execution hereof by the City. This agreement shall be in default on the day following the last day of the term stipulated, unless said term has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the pro- visions of this agreement, in writing not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review tho provisions hereof, including construction standards, cost estirate, and sufficiency of the improvement security, and to require adjustments thereto when warranted by substantial changes therein. 1. If. the Developer fails or ne,llects to comply with the provisions of this agreement, the City shall have the right at any tine to cause said provisions to b^ completed by any lawful means, and thereupon to recover from said Devn -,nper and /or his Surety the full cost and expense incurred in so doing. 5. Encroachment permits shall be obtained by the Developer from the office of the City Engineer prior to start o any work within the public right of way, and the Developer shall conduct c ork in full compliance with the re- gulations contained therein. II rliance may result in stopping of the _ _M1 11 _ in con- formance with approved improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. _0 RCE12A 0 • • • ri I Page 2 IMPROVEMENT AGREEMENT 7. Work done within existing streets shall be diligently pursued to comple- tion; the City shall have the right to complete any and all work, in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer shall be responsible for replacement, relocation, or re- moval of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right of way resulting from work done on the adjacent property or within said right of way. 10. The Developer shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the appro3al of the City Attorney. The principal amount of said improvement security shall be not less than the amount shown below: IMPROVEMENT SECURITY SUBMITTED: Faithful Performance Bond Material and Labor Bond 1.200.000.00 IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures: f1 DEVELOPER (� / , i k c^ Dam Corporator BY:'�', b, _ DATE: /1 ' 0 rrey r�.,/ ecx ' Vice Presidento Ccm C1a In ustria DATE: c:,: ocrigan, 5cer�pm�i�]�'a7�evTpnenE- ifll Ew SSt �iy,( f.,�c�J DATE: r CITY OF RANCHO CUCAMONGA, CALIFORNIA a municipal corporation BY: ,MAYOR ATTEST: ,CITY CLERK DATE: % 1�� . _:._.,.:...__._.,. 3 CITY OF RANCII" CL'Cti4011GA CONSTRUCTION AND BOND F.ST@IATE ENCROACHMENT PERMCr FEE SCHEDULE (Attach to "Insp2rtor's Copy ") DATE: 8/7/80 PERMIT NO. COMPUTED BY J. L. Marten • File Reference PM 6206 City Drawing No.s NOTE: Does not include current fee for writing permit or pavement replace- ment deposits. CONSTRUCTION COST ESTIMATE ITEM QUANTITY UNIT UNIT COST AMOUNT r L.F. S P.r.r, Curb - 8" C.F. 18,567 L.F. 6.00 111 402.00 P.C.C. Curb only 6" C.F. L.F. A.C. Berm (5200 min) L.F. 4" P.C.C. Sidewalk —T6—,9-6T- -T. F. •00 B" Drive Annroach .9 7. 3. 8" P.C.C. Cross Gutter S.F. .0 Street Excavation —TT—,3=9-7­77---T0 . Imported Embankment C.Y. Preparation of Sub ride S.F. r Base So So -nfi 17-C109-8 A.C. (over 1300 tons) 13.7on TON 20.00 173X00.0 A.C. 900 to 1300 tons) TON A.C. undor 500 to 900 tons TON A.C. (under "0 tons) TON A.C. XXtUVa Rewya 229 S.F. .35 780.1 1" Thick A.C. overlay S.F. 2n F;97,nr M. 11. EA. 4 Outlet Structure 5 F.A. 500. 7, Chain Link Fence 1,740 LF. 6.50 1,:r'nts EA. 0 51000.0 Strr"t Sine 11 EA. 200.00 2,200.0( Catch Basins 16 EA. 4200.00 67,200.0( 12" CSP 59 LF. 18.00 ,0 15" CSP 50 LF. 20.00 21" CSP 52 LF. 2 .00 24" CSP 53 1 LF. 30.00 1,590.0( 18" RCP 323 LF. 30.00 9 690.0 21" RCP 210 LF. 34.00 27" RCP 107 LF. 40.00 4,280.0[ ocp 161 LF 48.00 7,728.0 13" RCP 642 F 42.00 27 261.0( W, Qrp 585 F 47.00 21 495.0( 49 P.Cp 141 1 F, 51.00 37,893.0 RCTAINING WAIA.S 1 1 F. ItL ICx•711 \LLS L.F. LANDSCAPE ;, rRRIrATION I I,.S. • TOTAL CONSTRUCTION COST 8970,376.96 • 43 • a ' I. TTEM UANTITY Ii PI T UNTT COST S AMQUNT COMPACTION TEST FEES CONSTRUCTION INSPECTION - of Construction Cost Estimate PAVE:FNr CI'T OR TR"C L.S. 1..5. L. I- S. 39 440.0 . . . . . . PERMANENI PAVEMENT REPLACEMENT ,$ L.F. DESIGN FEES (10% to be added if plans are not signed) $ 07.017 7a_ , , . . $ 91.037.70 STORE MATERIAL IN RIGIIT -OF -WAY Faithful Performance Bond E.A. TOTAL $y 6a Agg gF Material and Labor Bond = $1,200,000.00 I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . $ 11. COMPACTION TEST FEES III. . . . . . 107 CONTINGENCIES . . . . . . ,$ IV. DESIGN FEES (10% to be added if plans are not signed) $ 07.017 7a_ , , . . $ 91.037.70 Faithful Performance Bond - $1,200,000.00 TOTAL $y 6a Agg gF Material and Labor Bond = $1,200,000.00 Maintenance Bond = $ Cash Monumenting Deposit = $ 1,875.00 ' (1200 + 25 /lot) RCE22E xecuted in duplicate FAITHFUL PERFORMANCE BOND BOND NO. B392165 PREMILM: $9,900.00 • WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and DAON CORPORATION (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated AUGUST 14 1980 and identified as project 1054 -4640 PARCEL #6206 WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and THE CANADIAN INDEMNITY COMPANY , as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called • "City "), in the penal sum of one million two hundred thousand �, +: v: w rt e: * '• ;, Dollars _(T1 ,200,000.00 ) 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 presents. 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 made 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. - 0__ 6 The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the spec- ifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the • terms of the agreement or to the work or to the snec?fications. IN WITA7ESS WHEREOF, this instrume t as been duly executed by the principal and surety above name , on 7 AU ST 20 1580 ' DAON C0R nrcva `J • By: THE CANADIAN INDSTUTY COMPANY Surety O Executed in duplicate LABOR AND MATERIALMEN BOND BOND NO. B392165 PREMIUM: Included in Performance Bond • WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and MON CORPORATION (hereinafter designated as "principal ") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated AUGUST 14 , 1980 , and identified as pro- ject 1054 -4640 PARCEL 116206 is hereby referred to and mace a parr nereoz; m,u, WHEREAS, 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 bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, 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 agreement and referred to in the aforesaid Code of Civil Procedure in the sum of one million two hundred thousand , t. F ;; a, a ,< t: * * Dollars (S 1 ,200,000.00 ) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove 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 obligation, 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 3082) 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. • �V tension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or ad- dition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on AUGUST 20 19 AO RCE24 • n f� DAON CORPORATION Principal By: THE CANAD INDEMNITY COKPANY Surety By: l— LC. FIBIGrR Attorney -in -Fact l J • CITY OF RANCHO CUGMQ1rC k SIAFF REPORT DATE: October 15, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Lien Agreement - Dr. Melvin Kornblatt CV%CA .MnN r O O 2 U > 1977 I The City Attorney (Bob Dougherty) drafted a Lien Agreement which was executed by Wes Bonneville pursuant to City Council Resolution 80 -38. Attached is an identical Agreement executed by Dr. Melvin Kornblatt. The Agreement is herewith submitted for Council accep- tance by resolution and will allow the postponement of street im- provements,pursuant to Resolution No. 80 -38. RECOMMENDATION It is recommended that Council approve the attached resolution directing the Mayor to sign the lien agreement on behalf of the City. Respectfully submitted, LBH:JLM:jaa Attachments 6 0 RESOLUTION NO. 80 -96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM DR. MELVIN B. KORNBLATT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. WHEREAS, the City Council of the City of Rancho Cucamonga, California, adopted Resolution No. 80 -38 of May 7, 1980, to establish requirements for landlocked parcels where no subdivision is occurring; and, WHEREAS, Parcel 1 of Parcel Map No. 3298 as per map recorded in Book 30 of Parcels Maps, Page 79, records of the County of San Bernardino, State of California, is a landlocked parcel within the meaning of said Resolution No. 80 -38; and, WHEREAS, Dr. Melvin B. Kornblatt has provided the dedications required by Resolution No. 80 -38 and has executed a Real Property Improvement Contract and Lien Agreement with respect to the same, a copy of which Real Property Improvement Contract and Lien Agreement is attached hereto and incorporated herein by reference; • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California, does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign the same, and directs the City Clerk to record the same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 15th day of October, 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • 70 0 0 CITY O RA \CI K) CCCANKAGA ENGINEERING DIVISION 71 NO RTI I I'I'I:\i; DR. _ MELVIN KORN BUITT tII'I.I. LEIN I4LQECMENT f. \I I 1 fI' A S( \I1; I" ° 300' RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA 9320 -C Baseline Road Post Office Box 793 Rancho Cucamonga, California 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this day of , 1980, by and between MELVIN B. KORNBLATT (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of missing off -site street improvements, including curbs, gutters and pavement, • adjacent to the property to be developed; and, WHEREAS, Developers desire to postpone construction of such improvements until a later date, as determined by the City; and, WHEREAS, the City is agreeable to such postponement provided that Develop- er enter into this Agreement requiring Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fail or neglect to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer performance, and any repay- ment due City. NOW, THEREFORE, THE PARTIES AGREE: 1. Developer hereby agree that they will install off -site street improvements, including curbs, gutters and pavement, in accordance and compliance . with all applicable ordinances, resolutions, rules and regulations of the City in effect at the time of the installation. Said improvements shall be installed 7� _ M Z) ui ex _ u A . adjacent to Developer property hereinafter described. 2. The installation of said improvements shall be completed not later • than one (1) year following written notice to Developer from the City to com- mence installation of the same. Installation of said improvements shall be at no expense to the City. r1 U • -1- 73 3. In the event Developer fail or refuse to complete the installation • of said improvements in a timely manner, City may at any time thereafter, upon giving Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from Developer . 4. To secure the performance by Developers of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by Developer hereunder, Developer do by these presents grants, bargain, sell and convey to the City the following described real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, to -wit: PARCEL A: Parcel #1 of Parcel Map #3298, as per map recorded in Book 30, Pages 79 and 80 of Parcel Maps in the Office of the County Recorder of said County. PARCEL B: A non exclusive easement for road and utility . purposes over and across the South 30 feet of Parcel Numbers 1, 3, and 4 and over and across the west 30 feet of Parcel Numbers 1 and 2 of Parcel Map #3298 as per map recorded in Book 30 Pages 79 and 80 of Parcel Maps in the Office of the County Recorder of said County. Except therefrom any portion lying within Parcel A above. PARCEL C: A non exclusive easement for road and utility purposes over and across the following described property: The East 30 feet of the West 220 feet of the East 1100 feet of the North 495 feet of the Northwest one - quarter of Section 23, Township 1 North, Range 7 West, San Bernardino Meridian, according to the official plat thereof. 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things by them to be done under this Agreement, then this conveyance shall be void; otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the, rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mort ag Is on real property. 7. This Agreement shall be b fiid ng upon and shall inure to the benefit parties hereto. 8. To the extent required to give effect of this Agreement as a mort- gage, the term "Developers" shall mean "mortgagors" and the City shall be the • _p- • • 7 I-1 Li • r� LJ "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortgages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from Developer hereunder or to foreclose the right of the Developer to redeem the above- described property from the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys' fees as shall be awarded by the Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation BY: PHILLIP D. SCHLOSSER Mayor ATTEST: LAUREN M. WASSERMAN City Clerk / i" DEVELOPERS: y WE MI uTm7WFf ; II- It:S-i STATE OF CALIFORNIA ss: COUNTY OF SAN BERNARDINO ) • On , 1980, before me, the undersigned, personally appeared PHILLIP D. SCHLOSSER, known to me to be the Mayor of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. DATED: 1980, Signature Name Typed Name of Office Seal of Office 0 STATE OF CALIFORNIA ) ss: COUNTY OF SAN BERNARDINO ) On August 25, 1980, before me, the undersigned, a Notory Public in and for said County and State, personally appeared MELVIN B. KORNBLATT, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. Signature 1 Beverly Ann Authelet Name Typed, (SEAL) • OFFICIAL '��• SCAL BEVERLY ANN ALITHELET if; /, •, CAlIEO NNiA ='^" SIN RERNAROINO COUNTY Iny romm. �''• /� / a;ira NOV 22. 1952 0 • • MY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 15, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Bonds for Director Review 79 -72 The subject site approval, Director Review No. 79 -72, was condi- tioned by Engineering to install curb and gutter on 8th Street west of Rochester. The owner - developer, Mr. Viana, has submitted bonds and agreement as security to insure the installation of the required improvements. The bonds are in the form of a letter of credit from Bank of America in the amount of $10,600.00. RECOMMENDATION It is recommended that Council adopt the attached resolution approving the Agreement and Bonds. Respectfully submitted, LBH:JLM:jaa Attachments V RESOLUTION NO. 80 -97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NO. DR 79 -72. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Agreement executed on August 15, 1980 by Viana Tool & Machine, Inc. as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located at 11881 Eighth St. WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Director Review No. 79 -72; 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: 0 ATTEST: Lauren M. Wasserman, City Clerk 75 Phillip D. Schlosser, Mayor i CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT (Planning Commission Resolution No. None ) KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regula- tions of the City of Rancho Cucamonga, State of California, a municipal cor- Poration, hereinafter referred to as the City, by and between said City and Vianna Tool Company to as WITNESSETH: TP 1T, WREREAS, pursuant to said Code, Developer has requested approval by the City of, in accordance with the provisions of the report of the Community Development Director thereon, and any amendments thereto; located 11881 8th Street, Rancho Cucamonga • and, [.TIEREAS, the City has established certain requirements to be met by said developer prior to granting the final approval of the development; and UTEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval; NON, THERLFORE, it is hereby agreed by and between the City and the Developer as follows: 1. The developer hereby agrees to construct at developer's expense all improvements described on page 3 hereof within 12 months from the date hereof. 2. The term of this agreement shall be 12 months , commencing on the date of execution hereof by the City. This agreement shall be in default on the day following the last day of the term stipulated, unless snid term has been extended as hereinafter provided. 3. Ilia Developer may request additional time in which to complete the provi- sions of this agreement, in writing, not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In consideration of such request, the City reserves the right to review the provisions hereof, including constriction standards, cu,;t ostimate, and sufficiency of the improvement security, and to regt ire ad;ustments thereto when warranted by substantial changes therein. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the Ci�y shall have the right at any time to cause said provi- sions to be completed by any lawfu, , and thereupon to recover from said Developer and /or his Surely t 11 cost and expense incurred in so of the City Engineer prior to start of any work within the public right of way, and the developer shall conduct such work in full compliance with the regulations contained the,ein. Non- compiiancu may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right of way improvement work required shall be constructed in confom ance with approved improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include any transitions and /or other incidental work deemed necessary for drainage or public safety. RCE12A • Page 2 • I ➢LPROVCMENT AGREEMENT 7. Work done within existing streets shall be diligently pursued to comple- tion; the City sha Ll have the right to complete anv and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 8. The Developer shall be responsible fat replacement, relocation, or re- "oval of any component of any irrigation water system in conflict with the required war;; to the satisfaction of the City Engineer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the publtc right of way resulting from work done on the adja- cent property or within said right of way. 10. 'rile Developer ,shall plant and maintain parkway trees as directed by the Community Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney. The principal amount of said improvement security shall. be not less than the amount shown below: • 1; IPROV'EMENT SECURITY SUBMITTED: Faithful Performance Bond TYPE SURETY /AGENT PRINCIPAL AMOUNT Material and Labor Bond Improvement Security Agreement $10,600 IN WITNICSS HEREOF, the parties hereto have caused these presents to be duly executed and aeknnwledged with all formalities required by law on the dates set fortis opposite their signatures: / DEVELOPER BY: (� „t',�.C;�Z/ y.. /' �1�,1CI DATE: BY: /G C �. ^'4 DATE: WITAI',S: _� -1: ��',,.� DATE:,S'. -- OFFIC1,V1. -SPAC ZOE DEMOSS NnipT IU !c • CA'!iO"'A STN PfOY!':I11Nn COUNT' 2 MI N Pf aPnIN NOV 27. 19B] CITY OF RANCHO CUCAMONGA, CALIFORNIA a municipal corporation BY: MAYOR ATTEST: CITY CLER}: CITY OF RANCHO CUCA.MONGA DR 79 -72 CONSTRUCTION AND BOND ESTI.MATE .r ENCROACRMENT PERMIT FEE SCHEDULE (Attach to "Inspector's Copy ") File Reference PERMIT NO. COMPUTED BY • City Drawing No. NOTE: Does not include current fee for writing permit or pavement replace- ment deposits. CONSTRUCTION COST ESTIMATE ITEM QUANTITY UNIT UNIT COST AMOUNT r r 1n c L.F. S P.C.C. C:;rh - N" C.F. 106 L.F. F.C.C. Cur'n only 6" C.F. L.F. A.C. Berm (5200 min) L.F. 4" P.C.C. Sidewalk S.F. 6" drive Anvmach _,0.2 S.F. H" P.C.C. Cross Gutter S.F. Street Excavation G.Y. Imported Embankment C.Y. Prrnarntion of Sub rode S.F. 2 n„ ft e S.F. A.C. (over 1300 tons ) TON A.C. (900 to 1300 tons) TON A.C. Omder 500 to 900 tons TON A.C. fonder 500 tons TON Parch A.C. trench S.F. I" Thick A.C. Overlev 3840 S.F. j Ad'uat Soto r M.H. to Grade EA. Ad,ust Sewer C.O. to Grade EA. A,1`ust tlator fnlves to Grade EA. c,r"rr I.i hts I EA. SL rest Sims F.A. Atroet lreon f EA. P,efja rtnrS and I RET,WTH;G WALLS f 7 F RLOr.R,'ALI.S LAhU:iCdPC S 1!ZNTCA'fI0)i I L.S. E TOTAL CONSTRUCTION COST 4823 . )o / • `J I QUANTITY 1UNIT I UNIT COST V _ CONSTRUCTION INSPECTION - of Construction Cost Estimate L.S. L.S. L. S. PAVEMENT ('I'T OR TRENCH F PEKLINENT PAVEMENT REPLACEMENT L.F. STORE A%TERIAL IN RIGHT -OF -WAY EA. I. TOTAL INSPECTION FEES . . . . . . . . . . . . . . . . . . . . $ IT. COJTACTION TEST FEES . . . . . . . . . . . . . . . . . . . .$ III. 10% CONTINGENCIES . . . . . . . . . . . . $ 482 IV. DESIGN FEES (IOZ of Total Construction Cost Estimate) . . . . $ TOTAL .,45305 Faithful Performance Bond = $ 5300 _ Material and Labor Bond - $ 5300 Maintenance Bond = $ Cash Monumenting Deposit = $ RCE22E 1��2 —ma =z QUA Feu cos ¢a= �yo 0 Odc �U U�= 60= �Ui z =5 o�- h =� ¢W_ a.c c` cz'b BANKOFAMERICA INTERNATIONAL BANKING OFFICE #662, P.O.BOX 3141 Place: TER1fINAL ANNEX, LOS ANGELES, CALIFORNIA 90051 Cable Address BankAmerica 1_' Data AUGUST 28, 1980 IRREVOCABLE All dr atis must be marked, Advl sing bank reference no, STANDBY LETTER OF CREDIT -Drawn under Bank of Amenca • credit na SBLA- 06402' Advising bank For account of VIANA TOOL AND MACHINE, INC. 11881 EIGHTH STREET CUCAMONGA, CALIFORNIA 91730 To beneficiary Amount CITY OF RANCHO CUCAMONGA U.S.CY.$10,600.00 (TEN THOUSAND SIX RANCHO CUCA21ONGA, HUNDRED AND NO 1100 DOLLARS) CALIFORNIA 91730 Expiration date FEBRUARY 1, 1981 Gentlemen. ❑ This refers to preliminary cable advice of this credit. We heresy establish our Irrevocable letter of credit in your favor available by your drafts drawn at SIGHT on us + XX 1cNftQW1A�NRCf� )dOt]�1CCIkX3pf�lNBdcbYAtfiC COVERING: CURB AND GUTTER INSTALLATION WITH THE NECESSARY PAVING AND LANDSCAPING AS DEE4ED NECESSARY BY THE CITY ENGINEERS. 11881 EIGHTH STREET, CUCAMONGA, CALIFORNIA 91730. DOCUMENT REQUIRED: YOUR SIGNED STATERNT STATING THAT VIANA TOOL AND MACHINE, INC. FAILED TO COMPLETE THE STREET IMPROVEMENTS ON EIGHTH STREET AS PER AGREEMENT DATED AUGUST 15, 1980 BETWEEN THE CITY OP RANCHO CUCAMONGA AND VIANA TOOL AND MACHINE, INC. ace�a<rr,t:.x N^ hnrnb, enuagn Quin you flat all I fIf , dm.yn umlrr an I rn 1dvlsing bank's rat,' al an Corn DH'WI:n Mlh in, b'rms of his crwLl wW Fr• nuly honr, ,,l If draam "I :Insi N"d rar Oaylnnnl nl INS nfl¢e an ar L,fru, the ar lhnr ;nIP of IIN, rr -it ah $rc ^rnty yours, d" , rid, CITY OF RANCHO CUCAMONGA •MEMORANDUM TO: City Council FROM: Lloyd Hubbs, City Enginee6w— SUBJECT: CONSENT CALENDAR TRACT 9447 - Release of cash staking deposit of $1,650.00 Located on the northwest corner of Church Street and Ramona Avenue OWNER: Walton Associated Companies 511 West Citrus Edge Glendora, California 9174C NOTE: Certification from Carleton W. Lockwood, Engineer, indicates that all final monuments have been set and he has been paid in full. 18 I-1 U to 0 CITY OF RANCHO CUCAMONGA MEMORANDUM October 8, 1980 TO: City Manager and Members of the City Council FROM: James H. Robinson Assistant City Manager RE: Proposed Employee Rules and Regulations The third and final volume of the "Comprehensive Personnel System" is being presented to you under separate cover as an informational item only. This third and final volume known as the Employee Rules and Regulations contains the rules, procedures and necessary forms to administer the "Comprehensive Personnel system ". Because of the length and importance of this document, the Rules and Regulations are being presented in advance to provide sufficient time for review prior to Doug Ayres' Presentation of the Rules at our Council meeting on November 5, 1980. Should you have any questions or comments regarding the Rules prior to November 5, please let me know. JHR /vz 0 7 • STAFF REPORT DATE: October 15, 1980 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Vacation of Center Avenue The Council on September 18, 1980 directed Staff to explore p0rpetual maintenance guarantees of the landscaped area to be vacated on Center Avenue. The applicant, Data Design, has not responded to Staff inquiries to -date. Therefore, it is recommended that City Council continue this item until the November 19, 1980 meeting. Respectfully submitted, LBH:JLM:jaa 166 City of P; l RANCHO CUCAMONGA August 27, 1980 Mr. Arnold Urtiaga 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'..i 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 d'ncriminatlon problems. The Citv Council is fully committed to improving ex- h•u n.:in,; and to providing a full range of nursing Enr our citizens. 1. 'r n.' Ci Ly Pin na y:r an', t.hc City Council are continually 111:11 I'd of problem:; royardiny the Sheriff's Departmont, 'Cne:;c prnLl o:n:: inc Lurie not only operatl.onal matters, but a!sn ern ::tier, matt0 :.a such a:; complaints or personnel prr.blcm l•.itiie the City Council sets the broad policy concerning levels of serviro, the City ?tanager shares Posy pence Boa 797. RANCU4 c open:, c;n. Cnl.lr /:,91710 (714) 937.1951 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. Sincerely, Lauren M. Wasserman City Manager LFitJ : ba a cc: City Council bcc: H. Hollev Sam Crowe Capt. Wickum Ip CONGRESO para PUEBLOS UNIDOS o� Dr. Armando Navarro Prendem 894 Rialto Avenue San Bemardino, CA 92410 0 nl - 7H- 888 -0207 CI'U CDU.TING A HTYMIAN REIArM)NS C031.1ITTEE Its Duties and Functions Racial tension and conflict contribute substantially to the creation of juvenile delinquency and adult trine. 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 co :taittee will work to achieve better human relations and to provide ORassistance to private persons and groups 3n fostering goodwill and better relations arorg all people, CI1TI0N OF THE CO3- 2,aTT. 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 serve without compensation. The first members shall serve for a terms of three (3) years provided, however, that those appointed classify themselves by lot, so that their individual terms shall expire an follows: Three (3) shall serve for one (1) year, three (3) shall servo for two (2) years, nod three (3) shall serve for three (3) years. At the expiration of ench torn so provided for, a successor stall be appointed for a ten o:' thee-) yraro. Vnenncies in the commission by resignation or othesvise 67 -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 df the Commission shall constitute the resignation of such member and the position declared vacant. 14- 2aCIiIGS 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 shall be kept on file in the office of the City Clerk and City Manager. A cajority of the regular members shall constitute a quorum. =M3 AND r-MMONS (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 dlscri:,dnatory practices against any such group. (2) Develep, participate in, and implement programs designed to promote the full acceptance of all citizens in the community, without regard to race, religion, or ratiored origin. Pn f WE 7K S 7 E TCAMONCA , State. of California, hprWtcr DP�AW) THE PEPEAL Or ^!T'l ORPINW;H X117, which riqh—, a., citizens of a fret, and democratic union, ti A M0Y:P••.l iit;:in a oreacribe.d q^oqraphic.il area 'a v i ol a r " r in and of , ',,; , 1 f ) -, 1 u r a 1)y EL I M. I NAT I I I F UJTPILY OUP FREEDOM Sr' cps':C� 0' 'd' CO ttu, 1 P.1, 6h ,, 1 "cirw;. business f,o^ . e. , toe ba< i c Frpedwi tC Char'S, ,h-!,, .'e *,ne,, rn ir. I ieu of ark I'litv, Srato or Fecoral -Invernmer'. r 0 �;)?q/ C.':otc'. .. _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 and 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 my 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. (3) 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. f• • n U • MEMORANDUM Date: October 6, 1980 C� To: City Manager /City Council F (1 From: Harry Empey, Finance Direc 1977 Subject: Solid Waste Disposal Service One of the problems arising from not having any refuse ordinance is that people will accumulate refuse, will dump it in vacant lots, vineyards and in bins behind shopping centers, for which of course the business estab- lishments pay. The City initially involved itself in the business of establishing a refuse ordinance and franchise agreements with the refuse companies for two reasons: to put itself in a position to insure that the citizens' health would be safeguarded from trash accumulation, and to also insure the operation of refuse trucks on City streets in a safe and clean manner. The franchising also would result in increased efficiency by the refuse companies, since presently in many instances, more than one truck is operating on a residential street on any particular day. Franchising eliminates this problem. Operations on cul -de -sac streets are excep- tionally vulnerable to accidents, because the trucks, in many instances, have to back down the street. (Children Beware!) The collection and disposal of garbage and trash by a city constitutes a valid exercise of police power and a "governmental function'' which the city may exercise in all reasonable ways to guard the public health (Governmental Code, Section 4250, Notes of Decision). Hence, the City has the vehicle to make trash pick -up mandatory. With the ordinance, the City can be assured that a level of service can be maintained by enforcing compliance. With regard to rates, the City has not really had the opportunity to re- view, or even have a say so in the setting of these rates. This, of course, has been done by the County. An attempt to show justification may be a lengthy pro ^ess, and not very rewarding. Some of the considerations given to the refuse companies are: the establish- ment of territories, and that the ordinance calls for mandatory service, which is exclusively set. The number of containers allowed to be set out has been recommended by the City staff to be 5 cans, plus 3 trash bags, plus 3 bundles. This is some- what of an increase over what Rancho Disposal has been picking up until now; and for that matter, Rancho is balking at the new limit. Maybe some eon•,ideration should be given as to why one company can handle it, and one cannot. 112 Memo To Lauren Wasserman Solid Waste Disposal Service October 6, 1980 Page 2 Attached to this memo are some early memos and documents to show where we have been and why. Also attached in order of their frequency, is a list of the City's most outstanding complaints since the ordinance went into effect. HJE:cam Attachments Ili • • • Refuse Complaints I. Most people have strenuously objected to the rude wording on the notification • cards - -in particular, the word "mandatory ". The cards have no explanation for the change. People resent the lack of "free enterprise" and "freedom of choice ". 2. The cards led people to believe that the rate increase was authorized by the City due to the implementation of the franchise agreement. The increase conveniently came at a time when the City has told them which company they must do business with. Neither company made it clear that the increase was approved by the County prior to the effective date of the franchise, and would have taken effect regard- less of the franchise agreements. Most people feel that the rates are too high for the level of service received. The notification did not stipulate that both companies received the same rate increase. They're having trouble accepting the different rates, depending on their geographical locations. People want a senior citizens' rate. There is a conflict on the number of items the companies will pick -up. Staff has been telling everyone that the City has reached an agreement with both companies for a limit of 5 containers, plus 3 trash bags, plus 3 bundles. Yukon appears cooperative, and will, in fact, pick up more. In the notification, Rancho stipulated 3 containers and will not commit themselves to the 5, 3 and 3 limit. People who have called the company are still being advised that Rancho will pick up "3 or 4 containers". What is a normal weekly accumulation for one family may not be the same for another. Rancho's problem is that they are not consistent. People feel that, especially with the rate increase, Rancho should pick up more units. 4. People have staff when been complaining of the rude manners on the part calling in to questions or complain. We've been of the companies' told that the feeling is that since they've got exclusive contracts, their attitude is "take it or leave it ". This appears to be especially true for Rancho Disposal. 5. People are concerned that they will be at the mercy of the trash companies as to the level of service received and rate hikes. b. Another concern is that a family might have had "whichever" company previously and cancelled because of poor service; they are now being "forced" to accept that same company's service again. We've explained that because the ordin- ance and franchise agreements specify service levels, the City can now monitor both companies, and when necessary, act as intermediaries between the citizen and the company. 7. Both companies made their chanoe on September 29, before the end of the billing period for which people had already paid. Many people who previously had a Monday or Tuesday pick-up, who under the new system will have a different day, called to demand the service for which they had already paid. 8. Rancho notified everyone South of Baseline, including those residents now being serviced by Tri- County, M 6 M Rubbish and A G R Rubbish, that they must now use them, ignorinq the fact that these companies must be amortized. 9. Both companies have a tendency to skip a pick -up. We've assured people that since everyone in the neighborhood will now have the same company and pick -up • day, this shouldn't happen again. )11� Refuse Complaints Page 2 10. Both companies, but especially Rancho, drop refuse in the streets and don't • pick it up. 11. People also feel that the ordinance and franchise agreements were not publicized enough. We've told them that the ordinance was published in the paper, and came up before the City Council at a regular public Council Meeting, and that the newspapers carried articles about refuse the day after the meetings. Most people felt that this was still not enough. In my opinion, other than mailing a notice to every resident in the City (which would be expensive), I'm not sure what else could have been done. • • 115 Jl� § 4271 GAT113AGE AND REFUSE, DISPOSAL Dir. G �< 1,t, z § 4271. Legislative findings and declaration The Legislature findsand declares as follows: u ° Although local agencies are empowered to furnish solid waste handling services, in extensive parts of the state solid waste enter °F....w. - prises are furnishing all or substantial portions of necessary solid waste handling services. II is in the public interest to foster and encourage solid waste en- terprises so that, at III times, there will continue to be competent en -- § 427; terprises willing and financially able to furnish needed solid waste ''_+ handling services. p .�" An; ' ;tract, u; .(Added by Stats.1976. c. 430, p. 1101. $ 2.) iyl. any pz: • :.y: the perm 72. Continuation of sea ice by solid caste enterprise; lira. w,. ;. (•iddcr. itations Where a local agency has authorized, by franchise, contract, or permit, a solid waste enterprise to provide solid waste handling serv. ' ices and such senices have been provided for more than three pro. ". FL vious years, the solid waste enterprise may continue to provide such, n• services up to five years after mailed notification to such enterprise F! Arntle by the local agency having jurisdiction that exclusive solid waste hen- .y 1. Cr, dling services are to be provided or authorized, except that if the "= 2.: Cr, sol- id waste enterprise has an exclusive franchise or contract then the .K solid waste enterprise shall continue to provide such services and nz- shall be limited to the unexpired term of the contract or franchise or five years, whichever is less. A solid waste enterprise providing solid w;,ste handling services shall be subject to the provisions of this sec- vy. tion only if: ter_ sec. (a) The services of the enterprise are in substantial compliance, .= 4300. g3o1. with the terms and conditions of any such franchise, contract, or per- Y. ^�� 4302. mit, and meet the quality and frequency of services required by the local agency in other wrens not served bl'the enterprise M�.. 431 (b) The rtes charged by the enterprise may be periodically ro- iL- iC vimved and set by the local agency, in, creme' Nothing in this chapter slwll be construed to affect the right of a other t city followin:; annexation to terminate for cause a franchise, contract, or held by rl' �+f$ 11 (Stats. permit it solid wasm enterprise mrthol lzod by the county. 2 t :� ( Added by State.l176, c. 120, p. 1101, S 2.) ) �1�, md. 560 R .'•�i+' "•. 1. Jl� REFUSE COLLECTION: EFFECTS UPON SAN RERNAP.DINO COUNTY, THE CITY OF RANCHO CUCld40NGA, AND PRIVATE REFUSE COLLECTION OPERATORS SUPPMRY 0 The incorporation of a new city or annexation of new areas by existing incorpo- rated cities results in some immediate as well as long term changes in the area of refuse collection: The changes may affect the County Government, Municipal - Government; the citizens and industries within the incorporated area, and the operators of refuse collection companies. EFFECTS UPON THE COUNTY - -- -Loss of an estimated $4,000 revenne from decreased refuse collection vehicle fees. - - - -No enforcement activities of County ordinances within the city boundaries unless the city contracts with the County to provide such service. EFFECTS UPON TFlE CITY - -- -Must allow existing private refuse collection companies to continue operating within the new city boundaries for a period of 5 years (State Law). - -- -The city may establish exclusive contract or franchise collection areas with- in the city. - - -= he city may establish and collect license, contract, or franchise fees from the refuse collection companies. - -- -The city nay establish and control refuse collection fees within the city boundaries. - -- -The following companies are currently operating within the city limits of Rancho Cucamonga: . /A 6 R Rubbish Service Inc., Alta Loma Refuse Removal Service Rest Disposal Company Hayden Disposal Service M c M Rubbish Disposal Y modern Service. Co. / Western Refuse Mauling Inc., �- Yukon Dinponal Company Y .117 r ---- Privatc refuse collectors may be allowed to collect fees for service directly from the city residents or the city may set up a system whereby the city collects the fees and reimburses the collector company. city may determine whether or not the use of a refuse collection service' is to be volUntary or mandatory (pre -paid collection service). - -- -The city will determine the level of refuse collection service to be'provided, ie; once a week, twice a week, number of containers per pick up, etc., - -- -The city may decide to establish a municipally run refuse collection service at a future time. - - -The city may contract with the County to provide enforcement activity within .the city for solid waste management problems, consultation services, etc., EFFECT ON REFUSE COLLECTION OPERATORS - - - -t:o effect immediately on the right to continue serving within the city boundaries. - -- -County permit fees will be reduced on those vehicles operating exclusively within the boundaries of the city. - -- -New fees nay be imposed on collectors by the city for licenses, etc., - - -- -Some collectors presently operating within the city could be eliminated from city operations at the end of the 5 year operating period if the city decided to give an exclusive contract on franchise or set up their own municipal collection system. IY.O CST PS IL WASTE ---- infornaticn available indicates there are about 90 industrial businesses of assorted types in the City of Rancho Cucamonga. - - -lm incomplete survey of these companies conducted by the Department of Environe.,cntal Health Services in 1976 indicated at least 21 of these industries are using acids,' caustic„ plastics, solvents, and other substances that may result in hazardous industrial wastes. Further in -depth studies are needed on the exact wastes being produced by these industries. HeJuse collection .is it, a n open invitation to government co 111}ioA By HARVEY FEIT McVitties bill protects local gov. Sun rau,KUl Eoner ernments aga ion antitrust suit, jr SAN BERNARDINO — Ally. they-award refuse disposal con. Gen. Evelle Younger once called It tracts without going through the an "invitation to government cor- bid process. It does this by explicit. ruption" and a San Diego County "ly stating that it is state policy to depul, district attorney referstoit permit the awarding of a "wholly as -'probably the most outrageous exclusive franchise... eitherwith bill I've ever seen, an absolute or.wilhout competitive bidding." disgrace. ". . .. .. Regardless of the merits of the But Assemblyman Bill McVittie, = bill, it is not likely to change things the Chinn Democrat who authored muchmSan Bernardino County to the measure• said it merely puts. the near future. County super. into state law what local govern - visors already dispense with com- ments already are doing.', :.. petitive bidding its issuing What thetwo are talking about is. - ,' '• ' % - Assembly "Bill 2934..: . :'(Co firmed on B-5, Col. �1),;,,, , (Continued from Metro) franchise permits — some ex. cicsire and some not — to fir to. fuse comp,olws. And. of the In cities in the coun- t) •.i ho do not op orate their owu rrRnn r:rpar m:rnu, only two gO to bud In selrcung their refuse haulers. McVitt,es bill zipped through the Amenthly without a dissenting vote du: ing a late night meeting when the legislators were preoc- cupied wilh the 1020 -81 budget. The measure passed 227 in the Senate whcrn It was carried by Sen. Rule on S..lvala, DChino Gov. Drnwn. who vetned a simi. tar bull r +'o years nt ^o after recuiv Iil't Ihr "rerrupllon" warning fnlm 'I r p•r, Ivt the IncasuM lur nor law, wall uu t..ISn ln^ It. Opp".Ilin l to Ill., hell fn.'u.... tin 11n• a'xaroln; rif I wtrdr to anhalt tiro• But, os polon I out b)' II) u•.: ut•i,in if i;an P,rnardmo. lull h "t !,I, I +rpr,r lVrno, toll -:I ,d r' III, :: n1�I. ton .dr',u LrI •11...• I. Ir.. w... Igo dl r.nv..r u'.•m,e,laini l:nnlhl it g6 to b�.. :' .� the .work out for bid when the current contract with Rialto Se- vices Inc. expires in 1982. The city had a long series of disputes with Fred Gentile, the, previous Owner of the company,' anu the noncompetitive conlrar; he received has been a longstand iu� political issue in the city. The city now is generally receiv. ing excellent seriiee from the company, with few complaints, said Pal Narsany, city personnel director and project coordinator. But candidates in the last munici. pal election pledged the contract would he put out for bid whrn it expires, Narsany said. State law requires local govern merits in nmstcases to seek bulson puhllc projects oiler S5,V4. So It conies as a surpr:,O to (dally people to barn that m ntrrnus lout g". rrnn :roil', don't hother with bill, whrn d,ording re Rho cnntr.trm 11'Ip'' Several explanaUn us are of b`r"d, Ih:brrt Slirpka, owner of Loma Lmdn D'npn.al. romp'ires rrf::.,l Uc p'I•ul lu.urh nLers;Iry utihurh antitrust suits that could stem from a 1978 U.S. Supreme Court decision, Lafayette vs. Louisara Power and Light, which. held that local goverrimmus areri t exempt . from such suits in the absence of official state policy on the sub;ect. By removing the fear of snit. trust action. the bill also can be expected to encourage the award. ing of non{Olnpeli4ve confronts by some local governments that now go to bid. The hill is of little concern m San Bernardino,' Redlands, Colton, Adelanlo, Needles and Ontario, all of which operate municipal refuse departments. Of the county's 10 other cities, only Upland suit Chinn are operal. ing tinder contracts put Out for bid. Until four yvors aqn, Upland had npomlyd it own n4usr sarvirr. $oru. r�,r "[Ib In the lilt ?(till, Say' it is not now fl nanr ial ly fe risible for small In w, in operate their own I drparina, oils. ' Tim I'ny of Rwlto is nprrann', III V;, r o I" Ii', I "r is III ", o'.d rd i'IIII t al l I'. r.t ran u II ;Iml'ri II: v rI• Itr e. I. alaJc It Olar [hot till rn)• • +III nut • • I AGENCY ACTIVITIES OF THE MOST LOCAL REFUSE COMPANIES FRANCHISE ONTARIO City owned. . CHINO Exclusive contractor • LA VERNE City bills, retains NORCO admin. cost in lieu of REDLAdIDS franchise tax COLTON City owned, bill through City. CORONA Yes FONTANA Yes MONTCLA.IR Yes UPLAND Yes • LA VERNE Yes NORCO Yes REDLAdIDS City owned. l J RIVERSIDE Yes TRI- MONTHLY RATE 9.75 10.05 12.00 6.75 (twice a week pick -up) 12.00 (company has applied for rate increase) 9.90 (County Bills) 10.83 12.00 9.00 15.00 - Level (twice a week pick - 18.75 - Hills up in yard) 13.50 - At curb City bills 15.90 - Backyard (twice a week pick- up) AVE Bill is 511.67 Rancho Cucamonga billing @ 16.75 is 44, higher than Ave bill of all other neighbor- ing cities. Even higher if we were to consider our most immediate neighboring cities. CO. "IPARISON OF CITIES WITH SIMILAR POPULATION . AGENCY FRANCHISE .. TRI- MONTHLY RATE ALHAMBRA Yes 12.00 -16.50 (Rate depends on area) BALDWIN PARK Yes 10.05 BELLFLOWER Yes 8.55 CERRITOS Yes 9.00 ESCONDIDO Yes 10.06 FOUNTAIN VALLEY Yes 9.00 HAN'THOP.NE Yes 12.60 IRVINE Yes - 6.00 (Going up - Paid through taxes) LA HABRA Yes 14.04 LA MESA Yes 11.40 LIVERMORE Yes 11.55 (Going up) MO "TEREY PARK Yes 7.62 NATIONAL CITY Yes 14.25 Ave. bill for the above cities is $10.64 which puts Rancho Cucamonga refuse billing 57:> higher. CJ 1�� M E M 0 R A N D 0 M • TO: City Council & City Manager FROM: Harry Empey, Finance Director SUBJECT: Refuse Franchise Service r 1 U In an effort to achieve desirable levels of service a city must offer the service through use of its own resources, or if resources are limited, as is the case in Rancho Cucamonga, an alternative method must be used to reach a goal of desirable service. . With regard to refuse service in the City of Rancho Cucamonga an alternative method to direct service ,in'franchising of certain refuse companies in the area. This method can go a long way in insuring that a high level of service is achieved and maintained through strict compliance to the ordinance and the eventual contract that would be signed between the City 8 refuse companies. Once the refuse companies have been franchised, the citizens would have recourse through the City to air their grievances and reach some kind of equitable settle- ment. It has been apparent in talking to some of the complaintants that the refuse companies, in their opinion, are not being very responsive. At this point it is also important to realize that in dealing with that many accounts it is im- possible to satisfy everyone. The refuse companies are interested in seeing a franchise given as that provides them with a certain amount of assurances that they will be around for a while and that large amounts invested in equipment and personnel will be afforded a proper period of amortization. Enclosed with this memo is a copy of the ordinance, rough contract, and partial list of some of the complaints received by the City. Staff is prepared to complete the franchising process at the direction of the City Council. HJE:cak ) �3 M E M O R A N D U M ' • TO: City Council, City Manager FROM: Harry Empey SUBJECT: Refuse Service In an effort to provide equitable refuse pick -up service, the city staff has been engaged in writing a refuse service ordi- nance and provide for franchised service in the City of Rancho Cucamonga, The problem has not been easy, as there are some seven refuse companies operating in the City of Rancho Cucamonga, One of the first tasks to overcome was to define the areas of the City to be served and how to best accomplish this. Step one was to notify all refuse comnanies in the area that they had as of March 1978, five years in which to amortize their eauipment, and that the City will be franchising one or two comnanies to provide refuse service in this residential area only. The amortization period is provided for by State Law. Second, staff met with representatives of refuse companies to further elaborate on the City's position and solicit their cooperation and assistance in establishing a workable system. The refuse companies at this point took it upon themselves to work out areas agreeable to them and to attempt to buy out some of the smaller companies if possible. Results to this point are that two companies of sufficient size, appear capable of handling the job, Rancho Refuse, and Yukon Disposal. Also it has been tentatively agreed to that one company will operate north of 16th the other south of 16th. The dividing line was reached after a study was made of current residential refuse pick -up requirements, and future development. Under Covernment code, Safety and Health sections 4270 through 4273. A city may grant exclusive license to collect and dispose of garbage without competitive bidding. Inasmuch as the companies are already adeeuately providing the service and in die areas previously mentioned, it is staff's recommendation that council pass the ordinance for regulated franchised refuse service and authorize the Mayor and City Clerk to enter into senaratc contractual agreements with the companies previously recommended. n L I�� M E 1.1 O R A N O U M DATE: September 14, 1979 T0: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: City Refuse Collection Service In October 1979, the City Council reviewed two staff proposals regarding the collection of refuse in Rancho Cucamonga. The proposals were a draft of an ordinance establishing minimum guidelines for the collection of residential rubbish and a recommendation to franchise private refuse operators in the City. The City Council deferred action on both proposals for a six month period in order to study the matter further. Unfortunately, because of the workload, the staff was delayed in returning the issue to the City Council for a decision until now. Bon State and Federal laws require that cities make provision for the collection of residential rubbish. This may be done by providing for city - operated 4V collection or by a separate arrangement with private refuse contractors. The staff recd ^vends that the latter approach be followed. The franchising of private refuse operators will insure the citizens of Rancho Cucamonga that they .n1 l receive an adequate level of service which will be maintained through ;trice compliance of the ordinance and the contract between the City and the refuse companies. Although service provided prior to incorporation was regulated only by the County, it now seems appropriate for the City to franchise all existing refuse collectors. The primary reason the staff is recommending a franchise be granted is not only to protect the citizens of Rancho Cucamonga by assuring that a high quality level of service is available, but also to insure the refuse operators that they will have a definite period of time in which to amortize the replacement costs for equipment. The present cost of a refuse truck ranges between $15,000 and $100,000. In order to make certain that only the best equipment is used for refuse collection, the City must have assurance that vehicles will be replaced on a programmed basis. It is obviously imoortant that only safe, well- maintained equipment be used in the City. :t i; ;inni fi c:.n[ to no•a that a city franchise will place the authority for rat,: ad�asur.vns with tf•,t City Cc;nciI, rather than wi tli a County rate study c c.�rn ter.: and tee 9oard of Supervise;. The City presently has no involvement in ,:va l,; ri Uri pending '�,pui•st; for refuse rate Increa%os. It semis appropriate .. -I; ens Iffa�ting ctty rn;ident; he made locally rather than by the County City Council September 14, 1979 Page Two While a franchise arrangement will not guarantee that consumer complaints will decrease, a franchise will establish a contractual relationship with clear lines of authority between the City and the refuse operators. Residents pre- sently have no assistance available to help resolve complaints. However, if the refuse operators are franchised by the City, our residents will have recourse through the City to voice complaints should the need arise. While it is apparent in talking with some residents that on occasion the refuse companies could be more responsive to complaints, it is also important for the , City Council to recognize that it is impossible to satisfy all consumers. It may be further to the City's advantage to franchise refuse service since it has been determined by the State and Federal Governments that it is a city's responsibility to maintain the public health and welfare of the community. Franchising will serve as the proper vehicle for maintaining the necessary control in the area of public health. Revenue to City: It is proposed that the City enact a franchise fee of five percent. This amount is equal to the rate adopted in other California communities. As the City Council is aware, nearly all of the public parkways in the City of Rancho Cucamonga are in deplorable condition. It is, therefore, recommended that all revenue earned from refuse franchise fees be earmarked for the re- design and renovation of existing unsightly public parkways. Franchise fees will provide an additional source of revenue which may be combined with beauti- fication fees and general funds to solve the City's parkway problem within a snorter pericd of time. Although the revenue to the City will be approximately 825,000 per year at this time, that figure will increase as the City develops, enabling the City to deal with the need for parkway renovation more rapidly. Franchising will also provide a measure of assurance to refuse operators that there will be sufficient funds available to purchase equipment required to serve newly developed areas of the City. In summary, it is important to note that during the last eighteen months the staff has scheduled frequent meetings with all of the refuse collectors operating in Rancho Cucamonga. The operators have been very cooperative and have, in fact, participated in the preparation of the enclosed ordinance and the proposed refuse contract. • t•I E r10 R A N p ll rl [l DAIS: October 19, 1979 TO: City Council FROM: Lauren M. 4lassermda -/' City Managor SUBJECT: Refuse Rate Problem As most of your are aware, there is currently a battle between the city, county, and the various refuse operabcrs who operate :within the City of Rancho Cucamonga. The rates for refuse collections have been increased by the operator's; ho-.;ever, the city has had n;t role in reviewing the increases. On Fridav we met with Supervisor McElwain and two representatives from the County Enviromnental Services Department to discuss the prohlem. Apparr-ntly what has happening is that, the refuse operators are playing off the city and county against one another. There has been a great deal of misinformation which should be eliminated now that we have coordinated our review efforts. The county has provided us with all of the research materials prepared by the county auditor concerning the rate increase proposal. The city staff is presently wrapping up the final draft of the contract for franchising the refuse operators within the city limits. In addition, we will be r'evierriw; the rate increases which have been granted as well as those which are still proaused and are beino reviewed by the county. Supervisor rtcE main bas ir.di::atndl that no action will br• to {•en regarding operators in Rancho Cur,vnonna without the city's concurreu:e. As this drar'la unfolds, it becomes increasingly clear that the city's clocision to franchise the operators was definitely in the best interest of our citizens. within the nn.t few weeks, we will be providing the City Council with a rather detailed report concerning file contract and our r"onureudations. I tho mean- time if you have questions, pinasr keep us inform ^ n d. We have enclosed e copy of a letter went to Supervisor McElwain by the lohhyist for the refuse collectors. Th,tt. I thin!„ indioi Les quite rlmnly srnne of the problems and nisi n forniati nn with wh irh rm are at !inq !o den 1. Ltla:has at.l.,u:h. LJ-!. I!. Lnpnv 9 )A7 City Council September 14, 1979 Page Three Recommendation: It is recommended that the following action be approved by the City Council: a. Approve the franchising of refuse operators in Rancho Cucamonga at a rate of five percent out of gross receipts. b. Instruct the staff and City Attorney to evaluate the proposed agreement for refuse operators working in the City of Rancho_ Cucamona. C. Schedule the proposed ordinance providing for the controlled collection and disposal of residential refuse for a public hearing on October , 1979. d. Instruct the staff to study refuse collection rates in San Bernardino County and to submit a recotrmendation to the City Council. LPP,J: baa C • 0 • Phone 822.6884 9 Vml-cc VMT II°3t�1 3 II�� COaII C� LCS ^.o. =a�3�t c. eu+. �. �5l5LGti5�5L�� +'St55La5LR515151515�L�+ 15151 tit: 15tF�F��' TMiuic4t5�S1' 1615t5165un5 '5t51�'1519151u1::3�'1+.61E_�.Z Scheduled Collection G Disposal Specialists POST OFFICE BOX 247 FONTANA, CA 92335 October 23, 1979 City of Rancho Cucamonga Box 793 Rancho Cucamonga, California 91730 Attention: Jim Frost, Mayor' Honorable Mayor and Members of the City Council: Please accept our apology for an easily mistaken message con- cerning the city approving a rate increase. Said notice was enclosed with the billing statements sent to our customers on or about October 1, 1979. • Rialto Services Inc. serves the City of Rialto and its subsidiary Tri-County Rubbish serves an adjacent unincorporated.area as well as aoprox L,mately 200 households inside your city. We have served these customers long before your incorporation. J The notice was designed to be used for both the City of Rialto and county areas and therefore, the message made mention of both city and county approval and was consequently misinterpreted by some people to mean that the City of Rancho Cucamonga had approved the increase which , of course, is not the case. In addition, it's our understand- ing that the city does not, at present, have control of rates. Again we apologize for the misunderstanding and any inconvenience this situation has created. Thanks for your understanding. Sincerely, TRI COUNTY RUBBISH Edward Burr President 115 The continual and substantial increases in all operating costs• especially feel and oil has prompted the City and Corm t7 to approve a modest increase in the refuse This increase is reflected on the Inclosed statement. We recret the need to raise rates at this time, but wish to solicit your understanding and confidence. Thank you. you. TRASH PA('ill For vour added convenience, we now have extra heavy duty plastic trash bays availacle at $4.95 for a roll of 50. They can be purchased at our office: 210 E. Cameron way, Rialto RE5I f:TiAL CCSTC!!ERS NOTE \ ne will pick up and dispose of free any unwanted metal or_ly rubbish barrels. If you wisn this service, \ Ficase P7. 01C by ch eckinc the box below, sign your name, indicate tbe_ address and send this notice with your recular payment. RI {OUNTY RUBBISH CO.-I NG RBS 02 FOR 4832- 9895005 SEP�27, 1979 122996 VICTORIA "' FROST, JAMES PLEASE USE 'TOP PURTION OF STATEMENT WITH PAYMENT FOR PROPER', CREDIT. - INQUIRIES PHONE- 822- 6684- OR.877- 1596. -- - --- -- - - UL 10 PAYMENT BY MAIL 144DCR eP 27 O,TOcER NOVEMBER DECEMBER 100 1575 130 u • M E M O R A N D U M TO: Lauren M. Wasserman, City Manager FROM: Robert E. Dougherty, Assistant City Attorney DATE: September 29, 1980 RE: Validity of Rate Increase by Rancho Disposal. We have been advised that Rancho Disposal (and possibly Yukon Discosal) has increased its residential refuse collection rates based upon approval received by the Board of Supervisors to increase rates in county areas. We have been asked whether the refuse collection compan- ies can lawfully increase their rates for services in the City • without the consent of the City Council. It is our opinion that refuse collection rates for ser- vices within the City cannot be increased without the consent o: tt:e City Council. When the City enacted Ordinance No. 17, effective March 29, 1978, it adopted, among other things, Chapter 2 of Title 3 of the San Bernardino County Code pertaining to "refuse collec- tion". County Code Section 33.0212(c) covers rate increases. That soction provides that the Board (of. Supervisors] may at its own discretion, deny or grant the permiLoe permission to change rate:;. You w L11 rxall that when w.c. ar:optod Ordinance No. 17, aii tcr:,;n u:; "d th reln. Ther.ofore, Section 33.0212(c) mus'� ron,! b',• cubstit,.tinn "City Council" for "Board ". There- 1311- fore, the recently announced rate increase by Rancho Disposal will not be valid within the City unless it is approved by the City Council. RED:sgg 1 30� -Z- • • _ Y., . Cl ra ` :UxZ]�L=uL -'CJ L =�L VV� G�� Tlae Case 6 or ilAa, ^.O2f ©Pj! Pickup - !.:.. ,. p; npi. w.tut I i ry n u y t tl w nnu II ing y (h n] .li nvera of i,nd..tm) I.I ut cvnL vwm tt IL:. al:dc .m mcItmg a IL Urnnn16 n,s r(.. t-Inne in the au•.m (,miring :ndi rrgul.nloo. 11 i1 n pth• drat III,- ' .'.. clock .I o Id L.:.tnpped in, vv. o to n.d 1;,,,,k, in th. ,n.a of nf.,, mi,,tun., •1. P.la lu I m vaa nI' IL ra.t If Cuh ti .o an.fs g lwth and pntgtc,.. .. L „�..: .. : .TLo Lu•k If logic shown by opponents nl mand:nury rrG l.r enlleetinn i.v turn none pruanu:.ee41 than that of p,uplr who an•'...Banally nplw"'A to landfill it is mn.,l norm tun it, th.a s ..ns public olEcinl., after sugge.ling>udh 1.1% ;,:1•',� haveni thn 1411 n, "ufthci.n.vna +mviehau, ti, ,land up ag:lin't the xnll.In.tnJ.r to') . rognlallun ,.,in .an.. who, nllhnugh I"I, in nu,nbet, arc narn 16e ],I.... 4. ^• - 1Lr nws,t irutiu,..Il, and ILc uul,I nnulian:d. .,... In t ( hl., fat,., bn b, Li 6 ul '. nn t 1 I b and.. -� nru's all ctn., l.. t1 d,.,l I ,I In, 11)1. p. 11 u) J of It It n t .1wuL Itm It Y III, kI I ..• , Il n In A.1 l.. .... I p Nh< III ' g 1 'h. tilt, urea t .al'd 1111"ui.::.on:. I II l I.:, keel 1.1 bit :: .�prnpu. ILuu.I nd In lntrn In Jl,,a rtl'. vd III gee. 1, Ili en i .hn.uug e.peti,nr1. M.1l ..qu.. 11, anl.niug in ILr varil- t Lanes ufrmoo of the 11,, I'd oll, ,..1, 001. ........ ..Ilho ha.'k..'.... III, of du•n .li, ') AI ,., th, .• on(. e L,dd.. art ..nly wltl: ,Iek, Ihu. .. I. l\ III. III,, kind n1'e,I I..,I...a, I h, I6,d!,ugcof.,r,uwd,wl... ... ... .1.1 itrl:,urI, only raptr.cnt a,lt' wtovH. end I'M Ibc nl,pnrityl will..o oit,I, 'mm., the d";. r.i4,':•S' A I,.nxlalm)' od!.cnun pu.pu..,l, if :q.pv.vcd, onnally rnLUl. a (Lary:,, prim...ily an .,ntn,nblyorgn..I,II,La.,.'I'Lc r.It,,,I.,y :ry •rage limn .351. en. •x•.' a pickup w❑h,nn I,ndt lu S3 ,I month oI SS .. y,...11.1. O,rr ILr Y,. n', Iln. ,wdd :unminl In ban.., $20 nd $21 to II r b...... I 1, 1, who 1'.. IrnI II •.,,y ta.k :t. if d,p...d l.ktt .;a wli.n ,nufr,u II d wit I. th, uL 1, .md 40,1 pi .un of ki,,, I,i, own .(floc to landfill... hn,nrl.uldc 111 npp..il i, u. tot . nl „u.,y ,ollr.In.0 w.11 .AIrI 1 ul' ' IL.: I.1IIo, "I L.r. L. n • I.I IL•, .ur, L. • I t:,.l IL. rL., .� Io Inr.I . my u. igl,l n.I f'�1'I`�L.vc In g1 hr It, pl... aeyw.I, `, "I J, u.'I ....... Ihr lam:• L.,. to J..in a hoc of 50 ,an and I'— In gu Ian mil.. earl. w.rv): "II dne,n'I U..t w�d:uta, much..,. pirk,.p,rn'i,r uvndd uol end "If ill, I'll keep tLr :riiuc li; II:IS .I-Atd wd,l I .,,,I well enough to gal rid of ic, I(IL"e plow, L.,l:: all irlal., IIII n,I.. ",unuu...i"t, to I ...... la have III y I.huc coll,,I,d 01' n1 "unamvnem... III ,. "rorr,gn pinlf' or a'. "plain Inlr- Luq, L, nnu cru:r.h C..!, I... I.... o,nnn mlty, mand.n ..ry pinup I prop... rd 1. tI ' 1.,.I `1 .. , 11. . ..1 .Ya) IO .'n.I a at li .I id ! ,,. 1' •, n' r < v..,t a Ied 1 . 11., va in, dr Ili,, pod lmn ILr ,u,;u,nolldc I.... ..n Ibr'I ..p,n..1 „1c weir ,Ion, an wr,krl,J, - ..:u., w I,1 : ...1 s:.., .1.n b. II, t ur.r h aur a Ine I1;,r no lnadnlg u,d ... tm.n r r Let r. 1p.r ...,:(I'll to des pl.0 I....r,nlded ., protr.t pared( . is wlud. ... .6t Lt 5U Ln,.., iwlJ "Id of .I (onunoll.q' of 2bOo hnna•s, C .... ln.....I nu pag, 166(: SEoI 11373 .. .. .. CePYUpM 19)] CwnmvNmien CMmub Inr. ' Editorial Advisory .se ' Board A. J. ANNIGONI ' Sacramento •' • ., v', }.. •c.r,- ED BURR - T., La Mesa CHARLES CATTANEO . San Luis Obispo _ SAM EGIGIAN Los Angeles '• - PAUL W.MADSEN,SR.y ,:•}tfi,.,):.... Son Jose RALPH MLGILL San Francisco JOHN P MOSCONE Sun Frandsco WILLIAM OHANESIAN Cudahy MARSHALL RABINS Sun Valley _ ADAM SCHLEINING Santa Ana JOHN SPENO •• �¢ f Santo Clom RUDYVACCAREZZA San Joaquin _ TOM WALTERS Santa Rosa DAVE WINTER Sun Vnllcy ', •• LAWRENCE ZUNINO ' Vallejo ,•„ i California Represen!- Mive��''r Rich Chappel (213) 552-16CO y 9940 Santa Manioc Boulevard 0avorly Hill, 90212 .. .. .. CePYUpM 19)] CwnmvNmien CMmub Inr. ' .se ' 161C , .. .. .. lun a ill in nlrli� .. ..... I .. ..... 111 -V .... N. a11rI it, I . ..... I St.i I and sl..ofnd tha" r,in". I hill. 14.11 ... in ♦ ill a I ..... . rl II 111. uvlp-l-A a "a"I'mmilla tlA i d From Me 1:614rr S 1 ( x (.rt. . If ...... .... g, A,c it 7 m,l0nd. A long; ... 11 bil,, Kell .. ..... t it," 0 01' If 1 vid .... Vill . ..... l-iitn 1,, —.1b, vela-rinnIll. a ... I curadim if the .. ........... enollill-L111. 1. 0.,,, .... I try K.,ij nt' . 11 ... h.,tra'. A new caar',.ign %,,,I ­1ligno for TV[K'Al it even mine v%. ,.1 It, . I o ill, ol llit. ,I the 11illitill, "Itil-WIS all Ill ... nimg .4 .... I t"o, im", ,I S'ni. I ....... , talk in thil itiMallei, ah'rt old stainal Oni, Vione"It'll virint to obtain n'tim - ny ,it 1",t.". fin ill,. lun a ill d, VV of'sm lap ll-nni mi ..... Wing i. St.i I and sl..ofnd tha" r,in". I hill. 41'.. g,nol, lta,arla."* ."A I- br .... ill 41 legal finin to fight tile uvlp-l-A a "a"I'mmilla tlA i VVn3 k .... ill,, Cl, itlt,l i, anI , s. gia on, .. .,1 of thall oval N, o Uh. .1 (H '... ip.11:11 i lo-gin fin Ili ... ill,, lia"'. I,) it I, anikipan't th.tl fill- ..... all at 4, t1i .......... I it was palled ill yit, havr N-l" I li, 1nna;t.lill Vic,", sho".1ini, P.nk — to In I ... ill yi,u, ,,:: ing a .... I grating if (In. an, Vill In, —.1b, vela-rinnIll. a ... I curadim if the Mol, 5 1 k", lim lin.u."ing enollill-L111. 1. 0.,,, .... I try K.,ij nt' . 11 ... h.,tra'. A new caar',.ign %,,,I ­1ligno for TV[K'Al it even mine v%. ,.1 It, . I o ill, ol llit. ,I the 11illitill, "Itil-WIS all Ill ... nimg .4 .... I t"o, im", ,I S'ni. I ....... , talk in thil itiMallei, ah'rt old stainal Oni, Vione"It'll virint to obtain n'tim - ny ,it 1",t.". fin ill,. %Vi,,, vl,,,trd official., foods. I'll,- mao mt if tile In.j , 1 1". alis Auli ..... i . ..... h., c ... l"A"lat ... 11 in,avlv it is 11"it lingh vVilid, ground. Mandatory reftlecollcclionisesv,ti- ha., ,,it la", 11i"lo'eil. - - , Z-OtIl" fin,ilak, I'laralvil far t he ti n. vVill en'lac charripannihat, play all- ti,l to thi,.i,11 ])Ling of.11l comnianitics In it,,, ital,hall it 50- I te-allIll'- Tile lill i'40-fe"t California. illaid'al-14, b,- oc.v reereminia.1, Dliirtipic ize swim1ning pool. uni . lach is el.tion"I to I., able to Loon responsible for originnting m.kn\- niol,r, tV, ... I, ;,ad handkill e .... i-is vVi 1�,,_njl bil-aril,.-M-r-lican: vViladIi and of tile advanrVd techmillen, no,, ,sea o.tdon, InekT a, , of Inliv,17,11. is eill"I t, 11 tn N- 32 hll, I., tile solid wastes m.nlagrmrm in' r.rI eopl,u,l; t1n, plldlrt I"- nr tile ain't "pen"VV single f"ilily at dn,l, both ill mortial,al ;in(] pri,ate , 'Vill la, tile nul't ecia,"nlimcd t1l, 11,1b, ,stilli, in, 11jec-li 1,1 $200.000. n,,,latnaa th,ough.at North A.- powtv'lly insornbly of riasmational L, I- the ,ay that the track might he Men. ■ Z, % p. A a . I a e a 'a - - - - - - - - - - - - RA A, M 3- Mc. I= S".h Greonvicacid Avenue I - Montebello, Calif. 90640 Telephone: (213) 722-2416 or 685-6273 M — ANUr AC7URF9S PARTIAL, FULL, AND TOP PACKERS ALSO ROLL OM AND STATIONARY PACKERS Cacka No. 201 on Inquay Card SOLID WASTES MANAGEMENT/M a RAR080 DISPOSAL I P.O. Box 956 • SERtipF: Cucamonga. CA 91730 9ICE, �C. Phom (714) 9674717 City of Rancho Cucamonga October 1, 1980 P.O. Box 907 Rancho Cucamonga, Ca. 91730 Attention: Lauren 'Wasserman City Manager Dear Mr. Wasserman, I acknowledge receipt of your letter of September 23, 1990. I think there has been some misunderstanding with regard to the implementation of the contract but first let me say that in the future we will review all correspondence with you prior to any directives being sent out. We obviously have rules and regulations regarding service and these remain unchanged and will not be changed without prior review by you. With regard to the rate increase, the application for the in. crease had been made many, many months ago, long before the contract between us was negotiated. We had advised you from • time to time that due to the increasing cost of operation that costs were consistently being raised each year. Sometimes a lesser amount and sometimes a greater amount, depending on the increase in costs during the preceding year. The County is very careful with its rate increases and require considerable information before such increases are granted. We were granted this increase by them. It was always my understanding that the figures that were set by the County of San Bernardino would be acceptable to the City. • We direct your attention to the provisions in the contract that do provide for the yearly review of the rate structure. This is extremely important in this present day of high inflation rates. I am sure, as we discussed before, that you recognize that absent provisions such as this we might be priced out of the market in a year or two if the inflation rate continues the way it is at the present time. The increase we obtained from the County is no more than a minimal increase when you consider the rate of inflation. 13S RUCM Dt9POM I) F.O. Box 956 ucamonga, CA 8R'nCE, ii1C. Phone (7 4) 997 -3711O October 1, 1960 City of Rancho Cucamonga Attention: Mr. Wasserman (Cont.) I am sure that by this time you understand that we certainly are in this project together and we will be more than happy in trying to work out any of the difficulties that apparently are being raised. As you will recall, at the last meeting we had advised you that one of the things we are trying to avoid is to make a Political issue of rubbish collection and apparently this is what is presently happening. However we will continue with our best efforts to resolve all our differences. As they arise also please direct the inquires, etc. back to us to try to solve. Please give us a fair chance (several weeks) to address the problems. • Very truly yours, • RRANCHO DI.S{/PPOSAL SERVICEE, INC By FP /df Francis Passarelli P.S. Be patient, steady as she goes, he we can sock calmly, steadily, we can make sense to the citizens, and satisfy there wishes. Your in good hands. • )3� City of �ANCHO CUCAMONGA September 26, 1980 Mr. Alfred C. Kowalski 7373 Via Paraiso Cucamonga, CA. 91730 Dear Mr. Kowalski: Thank you very much for your recent letter concerning the recent franchising of refuse and the increase which also was approved by the County and takes effect October 1st. The City Attorney is researching the legality of the proposed increase since it was never approved by the City and refuse disposal is now a City respon- sibility. In addition you should be aware that we are attempting to establish a different and much lower rate for senior citizens and those on fixed incomes • for trash collection services. The item is now being reviewed by the staff and the two refuse companies. The final recommendation will be submitted to the City Council in the very near future. You may be assured that the City staff and City Council are fully aware of the problems faced by those on limited incomes. We will attempt to provide some relief to you and others in similar situations, if at all possible. Sincerely, Lauren M. Wasserman City Manager Li 1.1 /vz 137 POST OFFICE BOX 807, RANCHO CUCAMONGA, CALIFORNIA 91730 1714) 9891851 Tel. (7141 982 -bl2b 7313 Via Paraiso Cucamonga, CA 91730 Sept. 25, 1980 • "r. Lauren ""asserman City Manager Rancho Cucamonga Dear Sir: In our 23 years stay in the house at this address we nurtured five children and were pleased that during that period there was a disposal service available to help us cope with life's everyday problems. fkcu, as a widower, and with the children in house- holds of their own I am the only one occupying the house. The disposal service continued as before except that the cost continued upward while the refuse dwindled. Upon reevaluation of expenses at the time of the energy crunch it became clear that reducing gas ($12.00), electricity ($5.00), and water (34.00) consumption was a necessary first step,but the cost of disposal stood out glarinaly out of proportion. Years ago we connected into the sewer system and now it costs $5.00 each time I pay the w ter bilk. I wish this was reversible. At • any rate the necessary readjustments were made and the disposal service was discontinued. For a period of one year readjustments were made and now the habits are pretty well set. I depend an my garbage disposer for most refuse removal and burn inci- dental junk mail in the Fireplace; there is no daily or Sunday newspaper. That leaves the handling of cans (and there are very feu) but I am now accustomed to washing and crushing them. The other problem is planning so that if anything unusual comes up it is coordinated with a tri ;• to the dump an Milliken. The net result is a cost of about 310.5U per year at '1.7b car tri as compared to 370.8U for the disposal service. "pith a Social "ecurity income under $200.00 that difference cannot be ignored. I'm sure no one is more meticulous about what goes intn interim sterso ^.. than I am. Inserts, flies and v,irmin ,auir! stnrvu it dependent or the output Prom this household. Yours sincerely,, ALFRED . KC ".'ALSKI 135 0 • 7373 Via Paraiso Cucamonga, CA 91,13U October 8, 1980 City manager City of Rancho Cucamonga Dear Tr. '!)asserman: Thank you for your prompt reply and assurance that something would be done in the near future. Houever I have a bill from the Rancho Disposal Service for $17.70 which they want paid now. I guess I'll have to go public. Yours sincerely, r �•f ALFRED C. KOTALSKI 139 7373 Via Paraiso Cucamonga, CA 91130 • October 8, 1980 TO THE CITY COUNCIL of RANCHO CUCAMONGA (Meeting 'led. Oct. 15th) To raise the question: "Jhy was it found necessary to enact City Ordinance No. 117? ,!)he introduced the legislation? The net result is that, living alone, I am charged ";70.80 for a service that would otherwise cost me no more than 312.UO to $15-OD, "'e all recognize that police or Fire service is not in the same category, and electric, gas and ,cater service includes the costs of availability; bl!t the latter are metered. My problem would be solved if the disposal service would be required • to weigh each pickup. They would be competing with 42.25 per ton at the Milliken dump. The disposal company picks up nothing at my address. Rancho Cucamonga requires th,t I pay a high fee to see them drive by. Yours sincerely, ALFRED C. KO'OALSKI J ) qo r� u ORDINANCE NO. 117 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE CONTROL, COLLECTION AND DISPOSAL OF REFUSE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION I: Charges for Collection of Refuse. A mandatory monthly charge for the collection of refuse shall be made against the occupants of each residential unit within the City. The amount of such monthly charge shall be fixed from time to time by the City Council by resolution; provided, however, no change in such amounts shall be effective until thirty (30) days after the adoption of the resolution changing the same. The monthly charge may vary within the City if the City Council determines that refuse collection costs in some areas exceed those in other areas because of location, topography or other reasons. • SECTION 2: Method of Billing. Refuse collection charges for each residential unit shall be billed by and collected by the collector that provides services to such unit. Refuse collection charges shall be due and payable upon being billed, and delinquent twenty -five (25) days thereafter. SECTION 3: Liability for Payment_ In the event the occupant of a residential unit fails to pay refuse collection charges within - -- thirty (30) days following the billing thereof, the owner of the premises upon which such residential unit is located shall also become jointly and severally liable for the payment of such charges. SECTION 4: Penalcv far Non- Fmi a�ent. A penalty shall be determined by Resolution of the City Council from time to time establishing a charge for those who fail to pay the regular charge within thirty (30) days following the date on which they are first billed thereof. SECTION 5: Adjustment for Vacancies. No collection charges shall be. charged during the term that a residential unit is vacant, provided that written notice of the commencement of the vacancy is given to the servicing collector, provided, however, that refuse is not set out for collection from such vacant unit. For the purposes of this section, a vacancy shall be deemed to commence on the first (Ist) day of the week following the actual beginning of the vacancy, and the vacancy shall be deemed to terminate on the first Ost) day of the week during w'iich the residential unit or commercial establishment is occupied or w re- occupied. ��I SECTION 6: Refuse Defined. "Refuse" shall mean and include garbage, combustible rubbish and noncombustible rubbish. (a) "Garbage" shall mean and include all kitchen and . table refuse, leavings, offal, and every accumulation of organic matter which attends the preparation, consumption, decay or dealing or storage of neat, fish, fowl, fruits and vegetables. "Garbage" does not include human body waste or liquid swill. (b) "Combustible rubbish" shall mean and include but shall not be limited to paper, cardboard, rags, clothing, books, footwear, packing materials, grass, leaves, brush, and other substances that will incinerate through contact with flames of ordinary temperature. "Combustible rubbish" shall not include furniture, large household appliances, junk autos or parts therefrom, dirt, rock or material from the demolition, alteration or construction of buildings. SECTION 7: Other Definitions. For the purposes of this Ordinance, the following words and phrases shall have the following meaning: (a) "Apartment house" shall mean a building, or portion thereof, designed for occupancy by four (4) or more families, living independently of each other. (b) "Commercial" shall mean any business, industry, commercial establishment or construction site. (c) "Collector" shall mean any person or company designated by the City Council by ordinance, resolution or contract to collect refuse within the City. (d) "Each residential unit" shall mean each place used for residential purposes for a single family. If more than one (1) family is in one (1) dwelling, such dwelling shall constitute as many units as there are families. Any residential unit used secondarily for business purposes may be considered a commercial unit for the purposes of assigning charges for special collection purposes. SECTION 8: ReceP tacles Required. Except as provided in this Ordinance, it shall be unlawful for any person to keep, place or deposit refuse in or upon any public or private property except in refuse receptacles which comply with the requirements of this Ordinance. SECTION 9: Refuse Receptacles: Residential. ' (a) Except as provided in this section, all refuse from a residential unit shall be kept in a metal or plastic receptacle which has a tight- fitting cover which prevents the escape of odors, and which is equipped with at least two (2) bails or handles. Receptacles shall not $,a less than fifteen (15) gallons nor more than thirty -five (35) gallons in capacity, nor shall the maximum gross weight of a loaded receptacle set out for collection exceed seventy -five (75) pounds in weight. 11��_ (b) Grass clippings, leaves and other hard work debris, other than branches or tree limbs, may be either deposited in metal or Plastic receptacles, as above mentioned, or in wooden or sturdy cardboard boxes, tubs, plastic trash bags or similar receptacles. If cardboard boxes are used, the cardboard boxes along with the contents shall be • considered refuse set out for collection and both the cardboard boxes and contents shall be collected. (c) Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet (4') in length nor eighteen inches (18 ") in diameter. (d) Newspapers and magazines may be either deposited in metal or plastic receptacles, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty (50) pounds in weight. (e) Cardboard boxes may be either flattened and deposited in metal or plastic receptacles, as above mentioned, or may be flattened and tied in bundles not exceeding four feet (4') in length nor fifty (50) pounds in weight. (f) Apartment houses may utilize contractor- approved commercial type collection bins and shall do so if required by the collector serving the apartment house. When an apartment house utilizes commercial -type bins one (1) 3-yard bin shall be furnished for each multiple of six (6) residential units or fraction thereof. • (g) Garbage may be fed to animals upon property where animals may lawfully be kept in the City if proper sanitary conditions are maintained. SECTION 10: Expense of Refuse Aec ep[ncles. Refuse receptacles required iw this Ordinance shall be provided by the occupants of each residential unit or commerical establishment within the City and without expense to the City. SECTION 11: Recept acles: Cleanliness. The exteriors of the refuse receptacles including covers, shall be kept clean by the occupant. The interior of refuse receptacles shall be cleaned periodically to prevent accumulation of grease or decomposing materials. SECTION 12: Placement of Refuse Receptacles. (a) Except when set out for collection as herein provided, refuse receptacles shall be kept within a building or otherwise out of view from the public right -of -way adjacent to any property. (b) No refuse receptacle shall be placed upon any public street, alley, sidewalk or right -of -way in such a manner as to impede or endanger pedestrian or vehicular traffic. 9 )43 F K (e) Refuse receptacles and containerized or bundled refuse shall be placed at the curb for collection, but not prior to eighteen (18) hours before the scheduled collection day. (d) All refuse receptacles shall be removed from public view the same day collection service is rendered. (e) All commercial -type collection bins or drop bodies shall be placed in an area which is easily accessible to collection personnel and equipment, with sufficient way to safely collect and maneuver without injury to persons or property. SECTION 13: Periods to Set Out Refuse and Time for Collection. Refuse shall be set out for collection not later than 6:00 a.m. on the day of collection. Any refuse remaining uncollected after the completion of collection in that block shall constitute prima facie evidence that such refuse was set out for collection after the expiration of the time designated fro collection in that block. The person making the late deposit shall return all uncollected refuse to the premises from whence it came or shall arrange for a special collection to be made. SECTION 14: Garbage to Be Wrapped. Garbage shall be wrapped in paper or in plastic adequate to contain it without spillage or leakage before it is deposited in a refuse receptacle. • SECTION 15: Destruction of Refuse Receptacles Unlawful. It shall be unlawful for any person to intentionally abuse, dent, bend, mutilate, damage or destroy any refuse receptacle or cover thereof, • provided, however, that this section shall not apply to the owner of such refuse receptacle or a person acting with permission of the owner. SECTION 16: Combined Collection. Wrapped garbage, non- combustible and combustible rubbish may be placed in the same refuse receptacle for combined collection. SECTION 17: Collection. Freeuencv. All refuse generated by residential units shall be collected a minimum of once a week. SECTION IS: Garbage and Refuse Accumulation. Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition and shall not cause or permit garbage or combustible rubbish to accumulate for more than one (1) calendar week, or cause or permit non - combustible rubbish to accumulate for more than one (1) calendar month. Any accumulation of refuse for a period of time in excess of the times prescribed in this section is hereby declared to be a public nuisance, and said public nuisance may be summarily abated upon order of the City Manager. All costs of abating such public nuisance shall be charged against the person who had the responsibility not to cause the accumulation. 11 4 11 SECTION 19: Dangerous and Infected Materials. (a) No person shall place or deposit in any refuse receptacle for collection pursuant to the provisions of this Ordinance any unbroken hypodermic needle, drugs, poisons, acids, dangerous chemicals, • explosives, or any other substance which might cause the death of or iniury to a human being. (b) No person shall place in any refuse receptacle for collection pursuant to the provisions of this Ordinance any clothing, bedding or other article which is contaminated by reason of being in contact with a person or animal who has an infectious or contagious disease. Such clothing, bedding or other article shall be disposed of only in accordance with the directions of the County Health Officer. SECTION 20: Dead Animals. (a) No person shall place the body of any dead animal upon or under any public or private property in the City except such place or places designated for dead animal disposal by the City Manager. (b) The owner of any dead animal shall cause the bodv to be removed to a place designated by the City Manager, as soon as possible, at the owner's expense. In the event the owner of a dead animal is unknown, or cannot be immediately located, the City shall cause the removal of such dead animal. Any employee of, or other person authorized by, the City may Inter onto private property for the purpose of disposing of the bodies of dead animals. (c) The City Council shall establish a charge for the • removal of dead animals, and said charge shall be collected from the owner of any dead animal which is removed by the City. SECTION 21: Contract for Collection, Removal and Disposal of Refuse. The City may contract with persons or companies for the collection, removal and disposal of refuse, which contract shall provide, among other things, for the number of collections, manner of emptying receptacles and obedience to sanitary regulations. Said contracts may provide for a franchise fee, in an amount determined by the City Council, to be paid to the City. SECTION 22: Unauthorized Collectors. Except where a person or company is authorized to continue collection services pursuant to Health and Safety Code Section 4272, it shall be unlawful for any person, other than the holder of a current refuse contract with the City, to collect or to remove any such receptacle from the place where the same is placed by the person entitled to possession thereof, or to remove the contents of any such receptacle. This section applies only to the collection and removal of refuse from residential units. SECTION 23: Refu_e Truck Regulations. Any person or company holding a retuse contract with the City shall provide an adequate number Of vchirles and equipment expressly and especially designed for the contains¢ -lit., collection and transportation of refuse. Said truck:; shall be egnipped so as to prevent tho spilling or dropping of any refuse or liquid therufrom. Said truck::, when not in use, if kept within the boundaries of the City, shall. be. kept only upon private property in A zone wh :h allow,; the parking of trucks. No refuse trunk shall be parked overnight in the City while partially or fully loaded with refuse, nnluss due to breakdown or emery ;ency, without permission of the City Manager. 4� SECTION 24: Deposit of Waste Prohibited. It shall be unlawful for —any to cause, or permit, any garbage, sewage, commercial or industrial waste, or waste of any other nature, to remain or be deposited or discharged upon the surface of the ground on any public or • private property. SECTION 25: Exceptions: Application and Appeal. (a) Any person desiring to secure an exception from any provision of this Ordinance may apply therefore in writing to the City Manager. (b) The City Manager is authorized to grant exceptions from the provisions of this Ordinance if he finds that all of the following conditions exist: (1) Granting the exception would not be detrimental to the public health and safety; (2) Not to grant the exception would result in undue hardship to the applicant; and, (3) The hardship which would result to the applicant from not granting the exception is a hardship which would not generally apply to other property in the City. (c) The action of the City Manager in granting or denying an exception to the provisions of this Ordinance shall be in writing, and shall be served upon the applicant in person or by mail and shall • also be posted in three (3) public places within the City. Any person residing or owning property within the City may appeal the action of the City Manager to the City Council. The action of the City Manager shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date of posting of the action by the City Manager. SECTION 26: Violations. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punishable by fine of not more than $500.00 or imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation continuing for more than one (1) day shall be deemed to be a separate violation for each day said violation exists. SECTION 27: Enforcement. It shall be the duty of the City Manager to enforce the provisions of this Ordinance. The City Attorney, upon request of the City Manager, shall institute any necessary legal , proceedings to enforce the provisions of this Ordinance including, but not limited to, instituting an action for and obtaining an injunction from a court of competent jurisdiction. [ F� 0 SECTION 28: 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 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 20th day of August, 1980. AYES: Frost, Mikels, Palombo, Bridge, Schlosser NOES: None ABSENT: None Philljp D. Schlosser, Mayor • ATTESTy� Lauren M. Wasserman, City Clerk Ik7 7 I I r� October 7, 1980 TO: City Manager Members of City Council FROM: Assistant City Manager RE: Advisory Commission Meeting - September 25, 1980 At its meeting of September 17th, the City Council referred to the Advisory Commission,Mr. U. E. Bauers' request for an ad hoc Advisory Committee to embark upon a comprehensive study of Cable T.V. in Rancho Cucamonga. At its regular meeting of September 25, Mr. U. E. Bauers made a similar, but more thorough report on the "state of the art" of Cable T.V. and why an Advisory Committee should be established to guide staff and City Council in developing Cable T.V. Franchises, regulations, etc. After some discussion, a motion was made by the Advisory Commission to recommend that the City Council instruct staff to spearhead a preliminary study of how other communities have addressed the issue of regulating Cable T.V. There were four specific areas the Advisory Commission suggested be studied: 1. Equipment standards 2. Municipal requirements of Cable T.V. by Cities 3. To what degree are the majority of Cities becoming involved with regulating Cable T.V., programming, etc? 4. Availability of Cable T.V. in Rancho Cucamonga Staff is currently preparing a Cable T.V. Franchise which will address many of the concerns of Mr. Bauers and subscriber complaints regarding Cable T.V. service. J 41V Continued..... RE: Advisory Com. Meeting -2- October 7, 1980 If pending legislation comes to fruition, the whole industry could be deregulated. Cities would be barred from establishing and reviewing rates, establishing levels of performance and would exclude requirements for local programming. Therefore, regulating Cable T.V. could become a mute point. RECOMSIENDAi ION: Instruct staff to act as the "Fact Finding Committee" to study the specific areas outlined by the Advisory Commission and receive any appropriate input from concerned citizens or Cable T.V. subscribers. Staff would also keep Council posted as to the status of pending Federal Legislation (2728 as mentioned above). JR /vz l�� 0 .I L Ll 7 STAFF REPORT October 9, 1980 To: City Council and City Manager Frem: Bill Holley, Director, Community Services Subject: Grant Application: Urban Park and Recreation Recovery Program The above referenced program, available through the United States Department of Interior, presents a very good financial opportunity for Rancho Cucamonga to rehabilitate Vineyard Park. Congress has authorized $150 million annually for each of the program's first four years, and $125 million in the last year. These funds will be made available as matching grants under three program categories: Rehabilitation orants are matching capital grants (70 percent federal - 30 percent local) to local governments for the purpose of rebuilding, remod- eling, expanding, or developing existing outdoor or indoor recreation areas and facilities. Funds may be used to improve park landscapes, buildings, and support facilities, but are not available for routine maintenance and upkeep activities. Innovation grants are matching grants (70 percent federal - 30 percent local) to local governments to cover costs of personnel, facilities, equipment, supplies or services designed to demonstrate innovative . and cost - effective ways to enhance park and recreation opportunities at the neighborhood level.. Innovation grant funds may be used to address common problems related to facility operations and the delivery of recreation services. These funds may not he used for routine operation and maintenance activities. Rncovnry action program grants are matching grants (50 percent federal - 50 percent local) to local governments for the development of local park and recreation system recovery plans. Eligible activities include resource and needs assessment, coordination, citicen involvement and planning, and program development actry icier to ore:ourago public definition of goals. Recovery action program grants are chiefly intended to assist local effortu to develop priorities and strategies for overall recreation system recovery. )5d pg. 2 memo - 10/9/80 to: C.C. a C.M. from: B. Holley re: Grant application The first category, Rehabilitation Grants, would be most applicable to our purposes and resources at this time. The rehabilitation would include installation of a fully automated irrigation system, parking lot landscaping, park lighting, and baseball field rehabilitation. Rough estimated cost of project is $100,000, of which the City would be responsible for $30,000. This figure would be refined upon Council's authorization to proceed and further refined should City be awarded funding. (It must be noted that $150 million distributed competetively nationwide is not a great deal of funding and competition will be very stiff for each dollar. Our sources indicate that the prime target in program is the rehab- ilitation of inter -city parks.) Should you have any questions, please contact me. Thank you. BH /mw 151 n U • • • C, J STAFFMREPMT _ <�0 LL E n V 1977 5E. AUTHORIZE SALE OF A PORTION OF HERITAGE PARK FOR CONSTRUCTION OF DEMENS CHANNEL. Council: For further background information, please refer to the October 1, 1980 agenda packet. Page 54 through 69. 15,2- I S S U E$ 1. Mrs. Phillip McNulty, 7564 Lions, Cucamonga Concerned primarily with the increase. Does not like Rancho; had them previously; now they must use them. 2. Mr. Charles Caravotta, 7548 Alta Cuesta, Cucamonga. Does not want to pay for something before the service is rendered. 3. John Rose, 7072 Jasper Street, Alta Loma. Felt the franchise agreement would have been sufficient in obtaining levels of service. Ordinance not necessary; it was directed toward the residents not the refuse companies. Said the ordinance did not call for mandatory trash collection, but instead it called for mandatory payment. (Section 18). Felt it was a tax ordinance. Let free enterprise work. Ordinance does not establish anything towards extra manpower to enforce littering. Will not solve littering problem. Suggested that: a. Rates be rolled back b. Open it up to free enterprise again c. Address all future ordinances toward the people you want to regulate, not the private citizen 4. Mrs. Diaadta, 8269 i� l't�)z:, «rr. �tre,I r;. People on fixed income c' ould not afford the increase. In her 4 -plex apart- ment they did not accumulate enough trash for a bin. 5. Paul Graham, 9170 Alder Avenue, Cucamonga. Wanted to know the length of the franchise agreement. Felt the franchise agreement gave the city all the control that was necessary. 6. Doris Perrin, 8371 La Colina, Alta Loma Wants an exemption. Husband ownes a plant where they dispose of trash. 7. Dorene Warren, 6230 Halstead, Alta Loma a. Had mandatory pickup for two weeks, is the city any cleaner? b. Upset with the mandatory, not the trash company. c. She is refusing to pay, what are you going to do with her? 8. Doug Hone, 9407 Valle View, Rancho Cucamonga Used to have 7 trash companies when the population was 15,000; now have 2 trash companies with 60,000 population. How come we now have 2 companies which may be owned by themselves as one with no competition. 9. Boyd Smith,9477 Valle View, Originally opposed the rate increase. Met John Rose. Wanted to support him since he appeared to know what he was doing, and had done his homework. They helped obtain signatures for the petition. They got 378 signatures over the weekend; most people were unhappy. He felt the City Council missed the mark in getting the pulse of the community. A bureaucratic reasoning - just because other communities have one, does not make it right for us. 10. Jim Green, 8221 Layton Street, Cucamonga Section 13 -- who decides; who checks; who is going to be the determining factor whether or not I get up at 5 a.m. to put my trash out? I am guilty before anything happens. Section 1 -- his inlaws live with him. According to this, he should pay more because he has another "family" living with him? Differences in rates in the areas -- below Base Line and above Base Line -- Said this was ridiculous. He cannot charge extra for his frito product to those above Base Line, 11. Steve Marlow, 5344 Hermosa, Alta Loma Had both companies -- was not satisfied with Rancho. Destroyed cans, missed a lot, left trash around. Now hauls his own trash. He has animals, lots of tress, needs to go to the dump at least twice a month anyway. Dumping near his house is great; has called the Sheriff's Department (he did not think very highly of the Sheriff's Department -- they say they have to catch the person in the act). Opposed to the extra cost above Base Line; he is a mechanic and the fellow said the other night that they get about 3 miles to a gallon -- they are not going to get any better gas mileage going up those hills than they do on the flat. Anyway, they don't use gas coming down the hills because they are on compresion. 12. Sharon Romero, Rosebud Street, Alta Loma -- on the Advisory Commission She said the Advisory Commission opposed the ordinance and franchise. Said there was a weed abatement ordinance. Those who live above 19th Street have more land and more weeds and large euc. trees with lots of clippings. The number of bags which are allowed are not enough which is required by the weed abatement. It is necessary at least 3 times a year to clean the bridle paths. Every time the wind blows, there can be 5 or 6 extra bags. -- all on top of the regular amount. She said if requirements for the trash companies is different above Base Line, it should be also for the people who live there since they have more trash since there are more growing things. 13, Mr. E. M. Ottley, 9218 La Grande, Against the mandatory trash. Not going to pay anyone $18.00 to pick up trash. Wanted to know if anyone moves, if we are to put in escrow papers that you have trash paid for 3 months in advance. It is almost impossible to get refunds. No place to go to pay; have to make out a check. 14 14. Mrs, Millie Brashers, 7804 Winery Ridge Drive, Cucamonga Doesn't want government control. 15. Mr. William Eakin, 8736 Edwin, Cucamonga Has only one bag of trash per week. Does not feel that is unhealthy. Will cost him 3 times more to have trash service than by going to dump once a month. Must be a more efficient way to control dumping. 16. Nacho Gracia, 10360 Humbolt, Cucamonga Who will pick up trash that is in the streets if the ordinance goes through? The City? Or one of the two companies? 17. Earl Fisher, 7934 Sautern Drive, Cucamonga Concerned about the small limits of trash -- feels that with such an expense, we should allow more trash. 18. Mrs. Emma Cahon, 7535 Zircon, Cucamonga Husband has a truck; pay t45 for commercial license; if can't haul trash to dump, thats it. Does not like present trash company. (Against the mandatory). 19. Cheryl Precious, 7588 Hyssop, Etiwanda Has 55 gal trash cans, why is there a 32 gal limit. She can carry them to the curb, why can't they lift them. Buying new cans would create a hardship. Who pays for damaged trash cans when damaged by the Company? 20. Mrs. Duronslet, 7058 Beryl Street, Alta Loma a. Why were they not informed of increases? b. When increases come, they will be informed like they were about Ordin. 117, Right? c. Complaining about the mandatory and paying for service in advance. Trash not picked up on day it is suppose to be Not notified when schedules change because of holidays, etc. d. Ordinance dictates when she has to put out trash and how she has to do it. and whether she likes it or not -- it is mandatory. e. Company not following regulations - don't come on days and time suppose to. 21. Nancy Swaithes, 13067 Larrera Street, Etiwanda a. Asked why our costs are higher than Upland and Ontario? b. Other companies in Etiwanda did not have an increase, why Rancho? 22. Joe Dube, 8256 Jadeite, Does not like having to do business with people he has trouble with. 23. John Corcoran, 9560 Stafford, Cucamonga Really upset with the mandatory requirement. 24. Joanne Ford, 6433 Klusman, Alta Loma Felt trash problem was a law enforcement requirement; mandatory requirement is not going to solve problem. She has never used a trash company since they use 55 gal. cans and companies won't pick them up. Not using service and never will. 25. Kathy Johnson, 5808 Amethyst What are they going to do with disposable diapers? They are on a septic tank. 26. Ounti Taylor, 7960 Malchite, Cucamonga What are they going to do in the meantime while Council is making their decision? Are they to pay their bills? How do they get this repealed? 27. George Guerra, 7363 Garnet, Cucamonga Many people have things others in other communities do not have; i.e. horses, and trucks. People frequent dump more. He has truck, uses it to haul his own trash. Against the mandatory. 28. Fritz Healey, 9261 La Ronda St, Alta Loma Asked what the process was for the people to repeal the ordinance and by pass the Council? (Sam Crowe said an Initiative) Asked Council to repeal Ordinance 117. 29. Mrs. Lori Hernandez, 8311 Malachite, Cucamonga Wanted a chance to talk with the Trash people -- a real public meeting. 30. Steve Zegoran Tried twice to cancel service, but could not. Companies said he could not do this. What did the "termination notice" mean at the bottom of their letter? (Sam told him it meant just what it said - -at least to him it did). The End ...... (thank God). SOLID WASTE & REFUSE-. , The Ezclnsive Cal Born " Nett:spaper For The Sat, its fun, Industry NE .. s110.CS. CAL11POW " OCFOSER. 1"0 _ _ REFUSE BILLS' i1RUST BE `PAID SAYS By a vote of 4 3. the California Suprrme Carrs lm ruled that a San Drum, resident gimust -hather ,,fuse bull rassas N the cue she uses tM rwr+ie the n- e1 Ilden Gloria Pstea ge raps on refuse for milectwn. and Thus has refused ttboe Pay for sire yr It has bead uptcu a A, Ciy d Su gruro that ,nr must pay. and the court .Breed. Now. il.�Pehe G.S planscra an aliPe Supreme Court if her petition for a rehranng is not granled- P,rcr bad b,rn a legal secre- tary for 9i yore bforc mo+nnK a. dip. rent pr -,f- cn. The Son Ibunn (:arhaK, l'ompam pucks up refuse in the cry under a franchise agreement wit Me city. and the service is rnanda to"- month The ctLy tbdntl R. S4M charge include, no Y for garbage collection, but 1150 separate charges for water and sewer. 'Why should 1 pay for somethlog 1 dust us7' she complains. She epo,"ts all her begio"t garbage for -so " her garden. takes payers and cans to , nearby recycling center. and always buys boned meat so she ill have no bones for dtsWsal- 91ur rIV ,con lull In, a al garbage ro - peu,"'.the my hauhd her into small d.am +.'curl Thn .•'cured veral nm.. and uah lone the judge upheld the ctt)b position by that Ms. Peres I.w a pay the bill. Finally. the eiLy cant her a warning that unleu the bill ^u s Paid her water would be she .ff_.and it wLL fidr gat survived by Ion jugs to the city park acx'aa the s, reed, and took what water she needed. "1 heurid that a all ngh4' she said.'bee'use the taxes were dying .at. r" She axle sue toil �"� through the kindess of nmghbora and estimates sIt, used shout ?d gallons a day Inc lattice dux s and her garden. ..My garden went to belC' eh, stated. "hut I It turned ",u - thmg —if the garden is S0.10 CALIF..SUPREME COURT by a private contractor, and may regwre that even lhu o rYSedsuch who do not choose securer pay all r,,wnable and run discruninalorY charge, as- sexeed therefore. Manuel war pined in this page opinion by Justices Mat hew T.I riser. William ('lark and Frank Richudacn. Chief Jutlre Bird and Newman disucted justice s saying orduun,e tb,ukW by the city n unconstitutional and in inLsk dissent Justice. Stanley A noted that the garbage a cnllrc :ed by u Vri+ale firm and the cry' had m. r�Kht to shut nff its water .. a pumt,ce. ot.".11. with (true It does" t need all that water. MY tomatoes and other v,getaMe, did fairly well. Of enoru.I had to bull the water fur drinking and cmkmg- But carry- ing it to the house was g'"sl enr"Vis Prrcr, bet her cue in Supenor Court and again in th ,La District Court nI Appe al st May. she took her case to the Supreme Coon which agreed to dar s m a uute of 4 3. In the majanty opinion by Justice Wiley Manuel. he held that -the city. in the c"I'se of powers expressed grant idy tro he 1'..ns"tolue, muY Props P .d.- b.r the colltrtiun and all n.idcnt'1 9.111 " Expert warns rats could carry plague to suburbs By RICHARD PERAZA Staff Writer California's rat population — is a lime bomb" waiting — e apcadte R Baker, an expert on rodents. "One reason we call it a time bomb is because of the plague threat," acid Baker, an agricultural biologist at California State Polytechnic Uulsenity, Pomona. Bubonic plague fount recently in ground squirrels isn't considered a across threat because there aren't many squirrels near populated areas, he said. But rate are nearly everywhere and could steady transmit the fleas carrying the disease from the agWrreb to the suburbs. Baker praised the Ontario Roof Rat Control Program, saying It should be stepped up and odor titles should imitate it But that program will cone to an end when federal funds sponsoring it dry up on Dec. 91, according to Hortenca Alvarez, the program's first line supervisor. She said the County Department of Environmental Health Services. which administers the program. is negotiating with the city of Ontario to try and keep at least part of the program alive. It WW probably be reduced by about two-thirds, she mid. "The city's got a step in the right direction and it should take advantage of it," Baker mid. "What the tlty should do somehow, is expand the project. "The roof rats, Norway rata and even have mitt we not natural to this habitat. Primarily, they came in on ships. hen they go in the wild, they have to compete with predators, natural diseases and all the other rodents, so they slick to mankind." `They /liik/�e y/opupr� trash, b "Zf" I lumber piles' "The roof rat (the ones found beret is a high-class eat; we say that because we primarily fled It in the abaft," Baker mid. "7hey can adapt to nun better tbm nub can adapt to man. They like aor prom d trash, our Wy, our lumber piles and our old garages;' be aid. „And we give them plenty of food," Bakes continued. "We give them load around dog dimes, fruit ad ads an the Ines, wild weed weds and math in the gardem," They breed like cuts. Baker mid far Biters with six rats per litter each year is Wes average. and talk to people who hear their noises at night. Then we set traps and find the bodies." But at twilight an alert person can see them climbing trees or skittering across telephone wires to roof tops. A resident new to Onurio said he was surprised to see one romping across Euclid Avenue one morning. Baker mid it will take more than jet one community cleaning yards, trimming ivy and neatening lumber piles to eliminate rat resting places. "If you have one individual in a neighborhood who constantly does rat control and nobody else does, then The rata are spreading quickly and can be found aimed anywhere in the state boss, he mid. A mrvey cOadocted last Vital by the CAMM111 Department at Health Services found complaints at real sets in Orange County Jwn* from LM In 1976 W more than 6.000 a year bow. CanpWb4 in Lea AngelesCOrmty row, from I6,hm a year to 10,000. Atrium mid mat of the sarromdbig tmmlrmides have a growing roe problem but complaints Ira lhrtsrio haw bem derlleloa the tut two wean bec mat of the X01 up of the emviromuest and the rub She said rats must be kMW with trap or bait and than the area they're In cleaned up to ellmrthate nesting sites and food supplies that would allow them to come back. "11 you Jual claim up an area Mt, you're liable to chore the rats to smother area," Baker add. ft's home, but Alvarez said she and her co-workers rarely see my rats became the rodeau an nocturnal. "We actually dn't see them at all, we Had the dropWmgs he's going to be lighting a losing battle." B rats do get plague from ground squirrels and begin carrying it, it's only a matter of time before it reaches populated areas. "It does move fairly fast because the rats range over a pretty broad area," Baker mid. "We have plague in the wildlife right now, in San Dimas. It's there and we're just sitting bete waiting la something to happen unless we get a handle an it. "We'd hate to have someane the before we do something," Baker mid. "As you know, we've already had one plague death in Tahoe this year." Expert warns rats, could caITY P1apte By RICHARD PERAZA Staff Writer 911forala's rat population — Including the Weal End's — to a "time bomb" waiting to explode, according to flea Baker, an expert on rodents. "One reason we call it a time bomb is becatae of the plague threat" ra d Baker, an agricultural biologist at California State Polytechnic University, Pomona. Bubonc plague found recently in ground squirrels isn't considered a seriau threat because there aren't many squirrels near populated areas, be said. But rata an nearly everywhere and maid easily traowNl the Basis carrying the disease from the squirrels In We suburbs. Baker praised the Ontario Root Rat Control Program, saying it should be stepped up and other cites should Imitate it But that program will come to an end when federal funds sponsoring it dry up on Dec. 31, according to Bortencia Alvarez, the program's first line supervisor. She said the County Department of Environmental Health Services. which admmislers the program, is negotiating with the city of Ontario to try and keep at to suburbs least part of the program all". It wig probably be reduced by about Mo-lhirds, she acid. "The city's got a step in the right direction and it should take advantage of it," Baker raid. "What the city should do somehow is expand the project. "The roof rats, Norway rats and eves house mitt are not natural to this habitat. Primarily, they came In on ships. "When they go In the wild, they have to compete with predators. natural diseases and all the other rodents, so they stick to mankind." `They lice our trash, garages, lumber piles' "The roof rat (the one found here) is a highalass rat; we my that became we primarily find it in the aburM; " Baker aid. "They ram adapt to man better Bun map a0 Watt to man. They Like our piles of trash, our ivy, on lumber piles and our old garages," he mid. "And we give them plenty of food, • Baker continued, "We give them food around dog dishes, fruit and put& Sup the trees. wild wed seeds and ants to the gardens." They breed like rats, Baker mid four litters with aft rats per Utter ach year is the avenge, and talk to people who hear their mono at night Then we set traps and find the bodies." But at twilight an alert person can see them climbing trees or skittering across telepboue wires to roof lops. A resident new to Ontario mid he was surprised to see one romping across Euclid Avenue one morning. Baker mid it will take more than just one community cleaning yards, trimming ivy and neatening lumber piles to eliminate rat nesting places. "if you have one individual in a neighborhood who constantly does rat control and nobody elm does, then The rata are Wadding quickly and can be found slows Aa elm thecanducted tart Wring by the Calitorma Department of Health Services found complaint%d rod rats in Ormp Canty jumped hum 13W In 1915 W muse than 6,000 a year row. complaints In Ia Asgeka comty rose from I5XQ a year to 30,000. Alvaro mid mat of the surmmding rn mmunitin rove a growing rat problem but complaints In Ontario bow: hen declining the tat two yarn becaame of theU06 block rat program. "We especW It to decrease bemuse of the cleaning up of the environment and the ra4 prooft"I " She ail rats mart be kdUed with hap or baftand men the am they're in eland up to ellmiwte sating 1111% and food Supplies that would allow thaw to came back. "If you lust clean up an area Mt, you're liable to chae, the ruts to amothar nos," Bakes mid. B's trwia but Aivares said $be and he to-workns rarely see any rats because the rodents are mthlmal. '-We actually don't sea them at all. we find the droppings he's going to be fighting a losing battle." If rats do get plague from ground squirrels and begin carrying it, ifs only a matter of time before it reaches populated areas. "it does move fairly fast because the rats range over a pretty brad area," Baker mid. "We have plaga in the wildlife right mw, in San Dimas. It's there and we're just sitting here waiting for something to happen unless we get a handle on it. "We'd hate to have someone die before we do something," Baker mid. "As you know, we've already had one plague death in Taboe this year." -1 (:ITY UI R:ANCI IO (:('(`:A,AIONS;(;,A MEMORANDUM DATE: October 15, 1980 H TO: City Council and City Manager, FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Ontario Airport Ground Access Study As you are aware, the Staff has been involved as an ad hoc member of the Technical Advisory Comittee to the Steering Committee studying ground access to Ontario International Airport. The Technical Committee has recently been reviewing Chapter 2 "Traffic Analysis" and Chapter 3 "Study Area ". Through this review process, questions have arisen concerning the land use and traffic generation assumptions in Rancho Cucamonga and the limitation of the Study Area to south of Fourth Street. Attached for Council information is a memo from Wes !!c Uaniel with SANBAG detailing some of the significant issues currently being discussed. Number 3 on this list is "Should Rancho Cucamonga be formally added as a Steering Committee participant ". It is expected that this issue would be discussed at the upcoming Committee meeting this Friday, October 17, 1980. After following the study to date. I would recommend that the City take formal action requesting that it be included on the Steering Committee. This would give the City a cleat, voice in the outcome of a study which will vitally effect its future circulation. It would appear that because of the overall transportation Dlanninn relation in the west valley area, SANB,9G may become involved in funding an expanded study for the area. Also, SCAG is conducting the study and will review all regional airport issues. Because of these facts, I would suggest that Council- man !likels would be a logical representative to the Steering Committee. RECOMMENDATION: It is recommended that the Council make a formal request to be. included as a member of the Ontario Ground Access Commmittee and select a representative from the Council to speak on its behalf at the October 17 meeting. Respectfully submitted, LBll:ja Attachment J Cityof Los Angeles Department of Airports 1 wor.0 wa;, I Gs n 19000n • 12131 `A, ,252 Tele, 65 3.113 Tom Gcad'e,. Aim /nr October 9, 1980 eo.,e of Wryl^ G�nn,npn.m M.TC.n, floM9 F Q„',,n. Elbae.,na n y Emm<n4 u'G...pFny Gniton A.l.Lnne Gan�nl M1bmyr M E M O R A N D U M To: Members of the Steering Committer, for Ontario Access FYon; We:e McDaniel SANDAG Subject: Ground Access Study, Significant Issues Incred::ingly in recent weeks, and sharply at Lhn T'ochnical Comm i.ttee Clrotinq 2mld today, soveral very basic concerns have been raised. These co,"' Lore nejor .impacts on the effor L. It was agreed that these issues would he expre.c;ed in written form as Enllaws: 1. Rte th!, mist recent elnpl ayr..ent prnject inn s, 1`.rc ti Cu l ar 1 in Rancho Cucamonga, aclecp: ALP 1 cons ideeed? If not, the traffic loading mold have significant impact on airport accr:a. 2. similarly, da t:hr` population projections ,1rgtately rofloct mo:;t recent. data? 3. Should I.ho City of lianchu Cucamonga be Cormally added as a Stoning C'ommitteo partAcipant? 4. Ilate traffic iuq,acl in it wil4'r aeon, parl.ieularly wnet of Grave, horn plohrtly analyzod? v. :.hrnld the rttrly nnnm hr exl,lndrd north, west, eml possibly oast? 0. ,19 n , ,xllirit s! ml,.... .;,1 1 ... c... :j""1. t:: :! tel:, 7o:Entlal nbli ,It l l,nw fo, i in: ,tov ,mots a(,2It, to all l• m'1 ics within the sPtvi,r ar.,.T (an „he r, :mod to 7. .';hnu)It the t vYy ins lu I,• . "n r', ids:, ,tt inn nF !raffia imlmcl., aver a l;,l••ul i.11ly l.,r •1, `1 ., rcn (r„inly City of nnlnrin) at v it fell:: tirv•s c!,, to ",rdiva ry events (ho)id Ty:;, Td,% fncl c.loa,,l r, r•t,)? (m.,e,,,. I.. n.fey. nn, ,I 1 1 n i,n:l.:I,._, q 0. Is it time to consider erpan,'.inq the study to include a much wider area (LI^ -chaps all of PSA 281 or alt.cinatively undertaking an immediate follow -on study of that scale? 9. Is the terminal location on the north side an absolute given? 10. finally, how should we rospond to the crry nogal ivc September 19 CalTrans hoedquarters letter which SCAG has received (nogatinq the inclusion of non- airport traffic considerations)? The Technical Committ.ce agreed to meet again oh Welnesday, October 15 at 9:00 a.m., at the Ontario International Airport Board Room (NOTE-TECHNICAL Not aL City Hall) to hold further discussions. It was also yre:iumed that these would be major items at the October 11 Steering Committee Meeting. All agreed that these were crucial turning Dint issues. {Yh1: r.i I I'll,l "AkI' r% "Y ANI(_kY_.A �l \�/`•Nnn STAFF REPORT r O O Z DATE: October 15, 1980 U 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Request for Authorization to Complete Right -of -Way Negotiations for the vineyard Ave. Reconstruction Project Between 8th St. and Arrow Rte. (supplementary information for Item 3h) The City's consultant right -of -way agent has completed the right - of -way appraisal and negotiation procedure for the vineyard Ave. project and has obtained right of way contract for four of the five parcels involved. The procedure for the parcel owned by the Santa Fe Land Co. will require several more weeks to complete, however, the purchase price has been agreed upon. The total cost of $24,570 approved by Council on January 2, 1980 has been accepted by the various owners as follows: Parcel 1 Baker $4,715 Parcel 2 N/A (easement) Parcel 3 Bray $2,480 Parcel 4 N/A (easement) Parcel 5 Santa Fe $3,230 Parcel 6 Lucas $3,495 Parcel 7 Lucas $10,650 The owners of Parcels 3, 6 and 7 have requested the construction of complete street improvements in lieu of the cash payment. RECOMMENDATION It is recommended that the City Council approve the negotiated prices and terms and authorize the Mayor to complete the right -of- way contracts in behalf of the City. Respectfully submitted, LBFI: PAR: jaa Attachments RIGHT OF WAY CONTRACT— HIGIMAY pliflndul.N. dcsc-'ib"d has I'Ccr. C�ocut'rtd. and delivered the C---" OF ti.A�:�"t C UC A:'C:; 3 A In —n•i-:, ia'io-i of n,ld r!,•! (':'•r hrrinrftrr S"t fordl' it is lnutualiy 1. The p wi�s !n v,• It -tj;7i s,,t Fm I, dm o %..rl,.,In of their •etn,trt. The pii foi ai-ncc of t1n, v:m-wer'! cinntilul— fil•i cl!:. � 'c%.idvrqt.;-- it f-r said docum-lit and Shall :r I nun '2 d'o c 1 1w of 111 or o,i diii -CCoilnt, Or on Acmint of the location, Pudo or mIstnidion of L':c prrtpjlcd public in:proyomcnt. !, I f1j.2 the stun of 1.01,iw )f,, tl,^, 1,mi-tirt• or i%de.re-t C..nnev(•l by ;zl ;w;t J when liti., in said papery in the C.'t--frc- and c1cir of Al li2n,, ncn,; in mv,5. nsesrconls, r^s,mvws .-od leases (rucordul and/,; 11111COMILd), and cwpt: a. Ta.i r. lor tit, f4<., 1 V— r !• V '14' 11 ^•.il eSC7,'• . f.10 4t S V, k•;1111011 he cleared nod 1, f:: the Iniqurr req,dred 1', SVr.tion 49"0 of t!lq Tin."C;v1p. and Ta:73ticin COCIP" if imraid it the c!)iz of extu".1. b. (,n%,roant,, rci rictior..-, and mservatione, of MeOrd, or matidued in dic above referencNi docinnent. r. T­,,,•-,•,-; r,r rr! F,t n,(-r said 1pu'l for pil lic or qumi-p"blic utility or public S!,10 11ur". . if o '!it (,f, ".:' T'3 P. r .0" 1 n tl!l' Nov' - 'I 7 1n J. 7 , i, j, 1; i 11 11lo on: rl I., I- in Oct f'-1 t11 111 I , .� 1 1), � FUR M I 1:R: The City of Rancho Cucamonga does 1jerebv agree to re- locate the fence along Vineyard Avenue at said City's expense at the time of the street widening. ].•: V,,p, ... 1, v l. ,I, fl! . i !! ! -,, , ,. -:I', I C ;, IF.-, t :,I c I tt 6v titicn caw.— Rewn-irntaded for Aj,j roval: IjA!111V1 CtKAMONGA Foll'; I!Prc:zl %Vili no l"rcognilf".1 TILATI: X-4 Rancho Cucarongn California C June 23 1980 Gerald W. parker and 'ildred R. Barker Gm z eo ,n VINEIARD AVE – rARCEL NO. RIGHT OF WAY CONTRACT— HIGHWAY Document No. intheformof^ Grant Deed covering the property particularly described therein has been executed and delivered to Gerald ? Laws Right of Way Agenr for rim City of liazncho Cucamonga In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement The performance of this agreement constitutes the entire consideration for said document and shall relieve theC it y of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The Cityshall: C (A) Pay the undersigned grantors) the sum of $L472-5. M —for the property or interest conveyed by above document(s) when tide to said property vests in theCity free and clear of all Neal, encumbrances, assessments, easements and leases (recorded and /or unrecprded), and taxes, except: a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. C. F+.emeot3 or debts of way over said land for public or quasi -public utility or public street purposes, if any. d.Deed of trust dated Feb.1601976 ex r0 ed b Gerald V7. Barkers et ux in the original, amount of ?,`-.2 0000.00 to Clyde Ovitt, et ux. Recorded March 31r 197 in Book 94010 pare 7()90 Official Records. e.Fay said sum within 45 days of date hereof. All title arc! escrow costs shall be borne by City. CPLATE 14 Page t of 6 � 3. Grantor, or assigns, s'-all have t'•e Right to construct a paved plrkin•, lot West of t'je existing restaurant -bar buildinC,, to replace the rcrlking lot bein,, lost by reason of the Vinecard .Ave, dedicption, without being required by the City to medicate the ith bt. right of way in con - form-nce with the nester plan of streets & highways, or be further required to improve, bond for, or lien for the usual reuirerrents to property required by the City upon its development as a parking lot. Subscribed and sworn to befora me on this ... 121 ?6b::.., doy, , of ......... .......i.1 ........... IN Wm ss WFff.REOF, the parties bave executed this agreement the day and year first above CTitten. 00nM'1++ SHERRY Y. MORRIS 1,0110offft fC • oca M FAM�tIDIFFtAIgV1Y w y,F,yy� Ep IMt 1, in1 Recommended for Approval: GERALD 6i. BArker MILDR3D R. BARKER ' G+mtor_ By— Right of WaV Agent CITY OF RANCHO CUCANONGA Gerald T. Laws By By flight of Way Agent No Obligation Other Than Those Set Forth Herein Will Be Recognized PLATE 34 a Page 2 of 6 gyz7 /'s7� sr _— CAgornfa u,ar. coon.. n+c rw c. RIGHT OF WAY CONTRACT— HIGHWAY Document No, in the form of a GRAIIT D =D covering the property particularly described therein has been executed and delivered to GERALD T. LA'ft5 Rightef Way Agent for the CITY OF R_AI=O GUCAi(OPIGA In consideration of which, and the other considerations hereinafter set forth, it i' mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement The performance of this agreement cowtitutes the entire consideration for said document and shall relieve theCITYof all furt4er obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement 2. TheCityshall: (A) Pay the undersigned grantor(s) the sum of $i ste. halat.') or the property or interest conveyed by above document(s) when title to said property vests in the Cityfree and clear of all liens. encumbrances, assessments, easements and leases (recorded and /or unrecorded), and taxes, except: a Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4988 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. c. Easements or rights of way over said land for public or quasi- public utility or public street purposes, if any. 3. Consideration: In and for the considerntion of the PiGht of l"ay required for t'•.c v:icaainr of gineyard Ave. the Cit;; or 'anc'r:o Cucanenl-a does herrt•j ar:rce to construct full off -site im;.rovements con,'_s'An- of, but nct limited to: grading, a;;g, sub base{ e..c. i sin: c�nter].inn of Pine z•d to p.c.c, curt _ Cutter to to con ctructed nt the ti-•.e Vineyard. Av^, I- fro et of t'r.e propnrty d�.dicit,d, is i.rnrov 'c under ,'ue pro^ased FAU Project, or in an et".er manner.(full stre't improvements includiry_, cu:•b an', rut.t ^r) lie the under - .: Sellers, do '.: :•eta stipulate that the City ::d offer ti:el�nonnunt of t'' ^!• a-p•�v.is ' for t'u^ pro -arc;, iu cash, I.e. 3,'; 97.00, however it is cur dosire that in lion of the cash offer• we a;ree to accept t'.;o full off -site improvements a: set forCa in par3 -raph +13 stove. Page, 1 of 2 C IN WITNESS WH�OF, the parties have executed this agreement the day and year first above C ritten. ' n /9 ('_ on F. L csf', Jr. G Anthony P. TjjC-s Recommended for Approval: Grmita_ Right of Way Agmt CITY OF RANCHO CUCAMONGA M Way Agmt No Obligation Other Than Those Set Forth Herein Will Be Recognized PLATE b4 «.n.m... Patio 2 of 2 _ -.California RIGHT OF WAY CONTRACT— HIGHWAY Document No. in the form of a GRAi: T D= covering the property particularly described therein has been executed and delivered GERALD T. T_LAM ____.Right of Way Agent for the CITY OF RA::C::O CUCAI:.OP]GA In consideration of whicb, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the C ITYof all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. TheCityshall: (A) Pav the undersigned grantor(s) the sum of $.see. bj?,low..for the property or interest conveyed by above document(s) when tide to said property vests in the C ityfrec and clear of all liens, encumbrances, assessments, casements and leases (recorded and /or unrecorded), and taxes, except: a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 9958 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. c. Easements or rights of way over said land for public or quasi - public utility or public street purposes, if any. 3. Consideration: in an/' for the consideration of the [,rantinC, of the Night of vray required for the }videninr, of Vinoyard Ave., the City of Rancho Cuc=on -a does hert,b': agree to construct full off -site _np ove:-onts consisting of, but not linited to: rradina, a65• sub base, A.C. ^a`i iR_ fPOn c =rater ling to curb and nutter to be construc-.ed ::e - A -e, _ cnt of t -- dedicatr:i, is irp_ro��c! unc t:;e p-o _,c, - -roj ^c., or, in any ot',,er °anner.(mull �trc,A In rovcn ^,ntc, ,incl. cur'c utter) Ge 1:7� u:.,�r,.,.i. "rt :;, _ ❑tipul�;.e t'.:at �:e ':i ".. ^I.,Bitnt^ ^f. t'.;r; ^�., t-, f +J'. !o r:'Orc_ !' 1Jt cash, .:,'`SO.pd, hov :e%^ - CtJ: ^esi.re ti;at in lieu of the c. c: to cc e rut' orfs.te inprovcr.. as Fa. -e 1 of 2 4 Lv W rncss R'aeneoF, the parties have executed this agreement the day and year first above Critten. '—r�Leon F. Luc 6-'10, Antho n• T,C ^s Recommended for Approval: By— AIaN f Ww Agmt CITY OF RANCHO CUCAM,ONGA o A1Rh* of Way AGmf No Obligation Other Than Those Set Forth Herein Will Be Recognized PLATE 34 FaGo 2 of 2 :- AW DRAFT 09/05/80 ACOOPERATIVE AGRREMENT BETWEEN THE COUNTY OF SAN BERNARDINO AND THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. THIS COOPERATIVE AGREEMENT (the "Agreement ") is hereby made and entered into as of 1, 1980 by and between the COUNTY OF SAN BERNARDINO, a County and political subdivision of the State of California and the CITY OF Rancho Cucamonga , a city and political subdivision of the State of California, W I T N E S S E T H: WHEREAS, the County of San Bernardino (the "County ") has determined to engage in a home mortgage finance Cprogram (the "Program ") pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act "), to make or acquire, directly or indirectly, long -term loans to finance the construction, rehabilitation and acquisition of homes in the County, all as provided for in said Act; and WHEREAS, the County has determined to borrow money to finance the Program by the issuance of revenue bonds as authorized by the Act; and WHEREAS, the County proposes to adopt the Program by ordinance for the purpose of increasing the housing supply in the County; and WHEREAS, the City of Rancho Cucamonga (the "City ") has also adopted the Program and determined to cooperate with ` I the County pursuant to the Act in the exercise of its powers under the Act for the purposes of the Program; NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the parties hereto agree as follows: SECTION 1. The terms of this Agreement shall, for all purposes of this Agreement, unless otherwise defined herein, have the meanings assigned to such terms in the Act. SECTION 2. The County agrees to undertake the Program and to issue revenue bonds therefor pursuant to the Act as soon as practicable. SECTION 3. The City hereby agrees that the County may make or acquire home mortgages under the Program, all as more specifically set forth in the Act, with respect to C property located within the geographic boundaries of the City. SECTION 4. The City further agrees that any or all of its powers for the purpose of financing home mortgages pursuant to the Act with respect to property located within its geographical boundaries shall be exercised by the County throughout the term of this Agreement. The City further agrees not to engage in any competing home mortgage program pursuant to the Act until at least 909 Of the home mortgages to be financed by the County with the proceeds of such series of bonds have been made or acquired. SECTION 5. The City agrees to undertake such further proceedings or actions as may be necessary in order ^2 40310- 0001 - 100 -0051w U V to carry out the terms and the intent of this Agreement. Nothing in this Agreement shall prevent the County from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by the County. SECTION 6. This Agreement may be amended by one or more supplemental agreements executed by the County and the City at any time, except that no such amendment or supplement shall be made which shall adversely affect the rights of the holders of any bonds issued by the County in connection with its home mortgage finance program. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, all as of the day first above written. [SEAL] COUNTY OF SAN BERNARDINO ATTEST: By Chairperson of the Board of County Clerk Supervisors (SEAL) CITY OF ATTEST: By City Clerk 3 40318 -0001- 100 -0051w 131 Mayor RESCLUTION NO. 80 -92 A RESOLUTION OF 7HE CITY COUNCIL OF THE CITY OF RANCHO COC- VIONCA, CALIFORNIA, ADOPTING A , HOME MORTCACF. FINANCE PROCR.LN IN COOPERATION WITH THE COUNTY OF SAN BERNA¢DINO. WHEREAS, there is a shortage in the County of San Bernardino (the "County ") and in the City of Rancho Cucamonga (the "City ") of decent, safe and sanitary housing, Particularly of housing affordable by persons in the lower end of the purchasing spectrum, and a consequent need to encourage the construction and rehabilitation of homes affordable by such persons and otherwise to increase the housing supply in the City and in the County for such persons; and WHEREAS, the Board of Supervisors of the County of San Bernardino has determined to engage in a home mortgage finance program (the "Program ") pursuant to Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act ") for persons and families within the income limits established by the Act, and has determined to issue revenue bonds persuant to the Act to provide funds for the Program; and WHEREAS, the County proposes to adopt the Program by ordinance for the purpose of increasing the housing supply in the County; and WHEREAS, the Council of the City finds and determines that it is in the best interest of the City to adopt the Program and to consent to the operation of the Program by the County of San Bernardino within the geographic boundaries of the City pursuant to the Act; NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Rancho Cucamonga, California, as follows: 1. The City hereby adopts the Program for the purpose of increasing the housing supply in the County and in the City and consents to the operation of the Program by the County with respect to all property located within the geographical boundaries of the City. 2. The cooperative agreement, dated as of 1, 1980, between the County and the City (the "Agreement "), in substantially the form submitted to this meeting, is nereby e ,uved, oral t„ vffice g PP e prep e: rs for the City are hereby authorized and directed to execute and deliver said Agreement, for and in the name and on behalf of the City, and to approve any additions to or changes in the form of said Agreement submitted to this meeting which they deem necessary or advisable, their approval of such additions or changes to be conclusively evidenced by their execution of said Agreement as so added to or changed. The proper officers of the City are further authorized to enter into such additional agreements with the County, execute such other documents or take such other actions as they may deem necessary or appropriate to carry out the purpose and intent of the Agreement or to cooperate in the implementation of the Program. 3. The City hereby agrees not to engage in any competing home mortgage finance program under the Act until at least 90 °. of the hone mortgages to be financod by the County under the Program with the proceeds of such series of revenue bonds have been made or acquired. 4. This Resolution shall take effect from and after its adoption. PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1980. AYES: NOES : ABSENT: ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor ur R CITY COUNCIL MINUTES 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, October 15, 1980. The meeting was called to order at 7:00 p.m. by Mayor Phillip D. Schlosser who led in the Pledge of allegiance to the flag. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palumbo, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present were: City Manager, Lauren Wasserman; City Attorney, Sam Crowe; Assistant City Manager, Jim Robinson; Community Development Director, Jack Lam; City Engineer, Lloyd Hobbs; Community Services Director, Bill Holley; and Finance Director, Harry Empey. Approval of Minutes: Councilman Mikels made the following change to the October 1 minutes: page 1 (e) under Announcements. Item a was changed as follows: "Councilman Mikels said at the recent SCAG Executive Committee meeting it was discussed that the SCAG region has been found by the EPA to be in non - conformance with the air quality standards set by federal law. A motion was passed by the Committee that they support clean air standards and urge the legislature to forestall the withholding of approximately 850 million dollars of highway and sewer construction funding." Motion; Moved by Palombo, seconded by Mikels to approve the corrected minutes of October 1, 1980 and minutes of September 17, 1980. Motion carried 5 -0. 2. ANNOUNCEMENTS. a. Saturday, November 8, Founder's Day Parade. b. Mayor requested that the meeting adjourn to an executive s?ssioit to discuss pending litigation. c. Mr. Wasserman requested that item 5E, Authorize sale of a Portion of Heritage Park for Construction of Demens Channel, be removed from the agenda. Mr. Wasserman requested that item 5F be added, Home Mortgage Revenue Bonds. Mr. Wasserman requested that item 5G be added, Ontario Airport Ground Access study. Other changes to the Consent Calendar were: item 3c on the Consent Calendar, Setting of public hearing for adoption of the Uniform Building Codes, Ordinance No. 122; change to item 4B. Item is to be the first reading of the ordinance. Remove item 3k from the Consent Calendar, approval of the Lien Agreement with Dr. Melvin Rornblatt. d. Mr. Wasserman said a request had come to the City Council from the Fire District Board of Directors to hold a joint meeting, The date of Tuesday, November 18 at 7:00 p.m. was suggested. Council had no objection and concurred this was a good time. e. Councilman Frost suggested that staff draft a Resolution honoring Esther Black for the work she did for the community. Mrs. Black Passed away recently. Page 2 3. CONSENT CALENDAR. Councilman Palombo stated he wanted to hear Councilman Mikels comments regarding item "d ", approval of an amendment to the Omnitrans Joint Powers agreement since he was on that Board. Regarding item "e" he wanted to see some kind of Council participation before the final items were purchased. Councilman Mikels responded by encouraging Council to approve the Omnitrans amend- ment, and gave some background for the amendment. Staff assured Mr. Palombo that Council would approve any item before its purchase. Councilman Frost asked if there was any reason why both position and name were included in Resolution No. 80 -93 since it had been past policy of Council to name only the position. Mr. Holley stated that it was a State requirement. Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar with items "c ", and "k" removed. Motion carried 5 -0. a. Approval of Warrants - Register No. 80 -10 -15 for $362,575.56. b. Alcohol Beverage License for off -sale beer and wine: Michael F. Micetich, Rancho Meats, 8812 Base Line Road. c. Item removed -- became Public Hearing item No. 4B. "Setting November 5, 1980 for public hearing of ordinance adotping building regulations (Ordinance No. 122)." d. Approval of the Amendment to the Omnitrans Joint Powers Agreement - Section 3.B Count all County Board representatives as one for the purposes of establishing a quorum. e. Request authorization for the City of Rancho Cucamonga to Participate in the California State Surplus Property Program. RESOLUTION NO. 80 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EMPLOYEES DESIGNATED BY NAME AND TITLE TO ACT AS REPRESENTATIVES OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN ACQUIRING FEDERAL SURPLUS PROPERTY UNDER THE TERMS AND CONDITIONS ATTACHED. f. Set Public Hearing date of November 5, 1980 for Zone Change No. 80 -18: a change of zone from R -1 -T to R -3 on 5.5 acres of land located south of Foothill Boulevard, west of Baker Avenue APN 207- 191 -49 and 48. g. Release of Bonds: Parcel Map 4907: located on the northeast corner of Cleveland and Fourth Streets. Owner: KACOR Development Co, Faithful Performance Bond (road) $ 92,000 Tract 9305: located north of Monte Vista and east of Hermosa Avenue. Owner: The Jones Company. Instrument of Credit (road) $ 30,000 Tract 9479: located north of Church Street and east of Turner. Owner: Kaufman and Broad. Faithful Performance Bond (road) $172,800 Tract 9325: located at 19th Street between Sapnhire and Jasper Etreets. Owner: Hughes Development Corporation. Labor d Material Bond (road) $152,000 Request for Acceptance of Deeds: for right -of -way purchases far the widening of Vineyard Avenue between 8th Street and Arrow Route and authorization to pay property owners. i. Acceptance of Parcel Nap No. 6005: It is recommended that Council accept Parcel Map 6005 submitted by Associated Engineers located on the south side of Ninth Street at Flower Road. RESOLUTION NO. 80 -94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 6005. Acceptance of Map and Bonds for Parcel Nap No. 6206: It is recommended that Council accept the map and bonds for Parcel Map No. 6206 submitted by Dann- Barton Development. RESOLUTION NO. 80 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 6206, IMPROVEMENT AGREEMENT AND IMPROVE- MENT SECURITY. k. Eien- AEreemenr--- Br - -Me} von- Rernb} Beer-- ;l- 4rreee®ended- ehee- 6eune4} (Item removed from Consent Calendar) No. 80 -96 also removed). 1. Acceptance of Bonds for Director Review 79 -72: Recommend that Council accept the improvement agreement and improvement security for Director Review 79 -72 submitted by Viana Tool and Machine, developer, of public right - of-way adjacent to the real property located at 11811 Eighth Street. RESOLUTION NO. 80 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVE- MENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW NUMBER 79 -72. M. Tract 9447: Release of Staking Deposit: Located on the northwest corner of Church Street and Ramona Avenue. Owner: Walton Associated Companies. Cash Staking Deposit $ 1,650 n. Preliminary Presentation of Proposed Employee Rules and Regulations. This is the third and final volume of the "Comprehensive Personnel System" developed by consultant Doug Ayres. The first volume consisted of the "Classification Plan;" and this document contains the rules, procedures, and necessary forms to administer the system. Because of the length of the document, we are submitting the third and final volume for acceptance and review only. This item will be formally presented to Council at its meeting of November 5, 1980. 4. PUBLIC HEARINGS. 4A. VACATION OF CENTER AVENUE. On September 18, 1980 Council directed staff to explore perpetual maintenance guarantees of the landscaped area to be vacated on Center Avenue. The applicant has not responded to staff inquiries todate, therefore, it is recommended that Citv Council continue this item to the November 19, 1980 meeting. Staff report by Lloyd Hobbs. . 4 Mayor Schlosser opened the meeting for public hearing. There being no resnonse, the hearing was closed. Council concurred that this item be continued at the November 19, 1980 City Council meeting. 4B. AN ORDINANCE ADOPTING BUILDING REGULATIONS. An ordinance to update building and housing codes, adopting the latest editions of the Uniform Building Code, Uni- form Housing Code, Uniform Building Security Code, and related codes, with certain amendments. Will replace certain portions of San Bernardino County Code adopted by Ordinance No. 17 and supplement the nationally recognized model codes with modifi- cations due to local conditions. Jerry Grant, Building Official, presented report. ORDINANCE NO. 122 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMAONCA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING CODE STANDARDS, AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. Council discussed the different classes of roofing materials which could be used throughout the City of Rancho Cucamonga. Council set this for further discussion at the November 5 City Council meeting. 5. CITY MANAGER'S STAFF REPORTS. 5A. REQUEST FROM CONGRESO PARA PUEBLOS UNIDOS TO ESTABLISH A HUMAN RELATIONS COMMITTEE FOR THE CITY OF RANCHO CUCAMONGA. Arnold Urtiaga presented the request. Mr. Urtiaga stated that the City had previously told him that this would be a duplica- tion of services since the City already had a Community Advisory Commission made up of five members from each community. Mr. Urtiaga said that the establishment of a Human Relations Committee would not be a duplication of the functions of the Advisory Commission. Mayor Schlosser stated that the Council has not directed any specific item to the Commission to work on, and he felt we should give them a chance. Motion: Moved by Mikels, seconded by Palombo to receive and file the report. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSTAINED: Frost. Frost said he abstained because at a Council meeting held at the Carnelian School over a year ago, Mr. Urtiaga had made some comments about Captain Wickum. Mr. Frost, as Mayor at that time, told Mr. Urtiaga that he wanted documentation of his accusations or a retraction. Todate, he has received neither. Under the circumstances he felt he could not vote objectively on any action requested of the Council. 5B. SOLID WASTE DISPOSAL FRANCHISE AGREEMENT. Report by Lauren Wasserman. Mr. Wasserman gave a brief overview of the background of the Refuse Ordinance and franchise. The following addressed Council: 1. Mrs. Phillip McNulty, 7564 Lions Street, Cucamonga. 2. Mr. Charles Caravotta, 7548 Alta Cuesta, Cucamonga 3. John Rose, 7072 Jasper Street, Alta Loma 4. Mrs. Deandrea, 8269 Tapia Via, Cucamonga 5. Paul Graham, 9170 Alder Avenue, Cucamonga 6. Doris Perrin, 8371 La Colina, Alta Loma 7. Dorene Warren, 6230 Halstead, Alta Loma 8. Doug Hone, 9407 Valle View, Rancho Cucamonga 9. Boyd Smith, 9477 Valle View, Rancho Cucamonga 10. Jim Green, 8227 Layton Street, Cucamonga 11. Steve Marlow, 8344 Hermosa, Alta Loma 12. Sharon Romero, Rosebud Street, Alta Loma 13. Mr. E. M. Ottley, 9218 La Grande, Alta Loma 14. Mrs. Millie Brashers, 7804 Winery Ridge Drive, Cucamonga 15. Mr. William Eakin, 8736 Edwin, Cucamonga 16, Nacho Gratis, 10360 Humbolt, Cucamonga 17. Earl Fisher, 7934 Sautern Drive, Cucamonga 18. Mrs. Emma Cahon, 7535 Zircon, Cucamonga 19. Cheryl Precious, 7588 Hyssop, Etiwanda 20. Mrs. Duronslet, 7058 Beryl Street, Alta Loma 21 Nancy Swaithers, 13067 Larrera Street, Etiwanda 22. Joe Dube, 8256 Jadeite, Cucamonga 23. John Corcoran, 9560 Stafford, Cucamonga 24. Joanne Ford, 6433 Klusman, Alta Loma 25. Kathy Johnson, 5808 Amethyst, Alta Loma. 26. Dunti Taylor, 7960 Malchite, Cucamonga 27. George Guerra, 7363 Garnet, Cucamonga 28. Fritz Healey, 9261 La Ronda Street, Alta Loma 29. Mrs. Lori Hernandez, 8311 Malachite, Cucamonga 30. Steve Zegoran Motion: Moved by Bridge, seconded by Mikels to set November 19 to consider the refuse rates and to discuss modifications to Ordinance No. 117. Motion carried 5 -0. Regarding the rates, Mr. Crowe stated that Council did not have to "roll hack" the rates since under the Ordinance no rates have been approved; none exist. Rate increases by the County are invalid since they require Council approval also. Phil Gentile, Rancho Disposal, asked Council to look at their books and consider their position for a rate increase. 5C. RECOMMENDATION FROM CITY ADVISORY COMMISSION REGARDING REQUEST FOR CABLE T.V. FACT FINDING COMMITTEE. Mr. U. E. Bauers was present to answer questions. Motion; Moved by Palombo, seconded by Mikels to direct staff to accept the Advisory Commissions recommendations. Motion failed by the following vote: AYES: Palumbo, Mikels. NOES: Frost, Bridge, Schlosser. Bridge said the staff had other priorities. However, he concurred that he would like to see an outline of issues and impacts. Frost said he wanted staff to look into the capacities of underground conduit. (Councilman Frost left the meeting at this point on the agenda). Motion: Moved by Palombo, seconded by Bridge to proceed with the filing of the grant for the rehabilitation of Vineyard Park. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser. ABSENT: Frost. S Ec-- AtliH9R{ gE- SA6£- 6£- A- P6R9! {qN- BF- NER {FA6E- PARR- f9R- 66H6gRU6Fi6N- RF- BHMEti6- 6HAHN£F: Item was removed. 5F. HOME MORTGAGE FINANCE PROGRAM. Staff report presented by Jack Lam. Although Council had previously voted against this item, it was felt there still were questions which had not been answered. Mayor Schlosser opened the meeting for public input. Doug Hone, Hone and Associates, encouraged Council to proceed. Motion: Moved by Mikels, seconded by Palombo to approve the participation in San Bernardino County's home mortgage finance program, approve Resolution No. 80 -92, and waiver of the entire reading, and authorize the Mayor and City Manager to sign the agreements. Motion carried by the following vote: AYES: Mikels, Palombo, Bridge, Schlosser. NOES: None. ABSENT: Frost. City Clerk read title of Resolution No. 80 -92. RESOLUTION NO. 80 -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF SAN BERNARDINO. 5C. AIRPORT GROUND ACCESS STUDY COMMITTEE. Report by Lauren Wasserman An added item: Mr. Wasserman stated that there was not a representative from Rancho Cucamonga on the Steering Committee. He said that with recent activity, he recommended that, if Council was in concurrence, Councilman Mikels be appointed as the delegate on the committee. Councilman Mikels stated that he had been present at the meeting when this was diocussed. He said he had input into the formation of the Committee and had requested that Rancho Cucamonga, and any other interested city, be included on that Steering Committee. Motion: Moved by Palombo, seconded by Bridge to appoint Mikels the delegate to serve on the Airport Ground Access Study Committee, Motion carried 4 -0 -1. 6. CITY ATTORNEY'S REPORTS. Mr. Crowe pointed out to Council that the Personnel Policies were a very important document. 7. NEW BUSINESS. a. The Subdivision Map Act meeting which had been set for October 16 was cancelled by Council. It was felt that any remaining questions could be answered at the November 5 meeting. B. AJOURNMENT. Motion: Moved by Palombo, seconded by Mikels to adjourn. Motion carried unanimously. The meeting adjourned at 12:25 a.m. to an executive session to discuss pending litigation; not to reconvene. Respectfully submitted, Beverly Authelet Deputy City Clerk