HomeMy WebLinkAbout1980/08/20 - Agenda Packet0
QTY OF
RANCHO CLUAMONC:A
CITY COUNCIL
AGENIIk
August 20, 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
Oird Wednesday of each month. The City Clerk's office receives all such items.
1. CALL TO ORDER
A. Pledge to Flag.
B. Roll Call: Frost_, Mikels_� _, Palombo k , Bridge, and Schlosser h
C. Approval of minutes: August 6, 1980.
• 2. ANNOUNCEMENTS
3. CONSENT CALENDAR.
The following Consent Calendar items are expected to be routine and noncontro-
versial. They will be acted upon by the Council at one time without discussion.
a. Approval of Warrants - Register No. 80 -8 -20 for $729,604.72. 1
b. Re`er Claim by Bonnie Luce Andrews, Kevin Luce, and Kerry 3
Luce in the amount of $375,000 for each claimant to the
City Attorney for handling.
c. Refer Claim by Connie E. Perez and Rauline T. Perez in 7
the amount of approximately $40,000 to the City Attorney
for handling.
d. Release of T.O.P. Bond to Apple Builders, Inc, on tract B
9591 in the amount of $2,500 for the purpose of garage
conversion and subdivision sign.
e. Release of the following bonds:
Tract 8884: located on the east and south sides of Red Hill
Country Club Drive. Owner: Harnish, Morgan and Causey.
Faithful Performance Bond (road) $134,000
Tract 9265: located on the south side of 19th Street and
east of Carnelian. Owner: Griffin Development Co.
Faithful Performance Bond (road) $ 92,000
9
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City Council Agenda
-2-
Tract 9446: located on the south side of 9th Street, west
of Baker Avenue, north of the A.T. and S.F. Railroad. Owner:
Kingsway Construction Company.
Faithful Performance Bond (wall) $ 7,700
Tract 9002: located on the west side of Sapphire at Pumalo
Street. Owner: San Miguel Land Company.
Labor & Material Bond (sewer) $ 33,000
Labor & Material Bond (water) 21,500
Labor & Material Bond (road) 55,000
Tract 9121: located on the southwest corner of 19th Street
and Haven Avenue. Owner: Lewis Homes of California
Labor & Material Bond (road) $ 70,000
Labor & Material Bond (water) 21,500
Labor & Material Bond (sewer) 12,500
August 20, 1980
Tract 9135: located on the southeast corner of Banyan Street and
Hellman Avenue. Owner: Regency Estates.
• Labor & Material Bond (sewer) $ 15,000
Labor & Material Bond (water) 13,500
Labor & Material Bond (road) 34,000
Tract 9136: located north of Apricot Avenue and east of Kirkwood
Avenue. Owner: Regency Estates.
Labor & Material Bond (sewer) $ 11,000
Labor & Material Bond (water) 14,500
Labor & Material Bond (road) 32,000
Tract 9189: located on the east side of Sapphire Street at Jennet
Street and Thoroughbred Street. Owner: Mark III Homes, Inc.
Labor & Material Bond (sewer) $ 31,000
Labor & Material Bond (water) 34,500
Labor & Material Bond (road) 77,000
Tract 9194: located at the northwest corner of Arrow Route and Turner
Avenue. Owner: Arnold D. Anderson.
Labor & Material Bond (road) $ 15,000
Tract 9223: located on the northwest corner of Banyan Street and
Sapphire treet. Owner: Mark III Homes, Inc.
Labor & Material Bond (sewer) $ 25,500
Labor & Material Bond (water) 25,500
Labor & Material Bond (road) 59,000
City Council Agenda -3-
August 20, 1980
Tract 9256: located on the northeast corner of Hillside Road
We—
and beryl Street. Owner: R.L. Sievers and Sons, Inc.
Labor & Material Bond (water) $ 29,000
Labor & Material Bond (road) 45,000
f. Award of bid for Industrial Tractor: It is recommended that
12
Turner, Inc., 5072 Mission Blvd., Ontario,be awarded the
bid at $27,341.96,
9. Agreement for Maintenance of State Highways in the City:
21
It is recommended that Council approve the agreement
to allow the City to obtain reimbursement for street
sweeping and weed abatement performed by the City on
Foothill Blvd. and Nineteenth Street.
RESOLUTION NO. 80 -79
42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
AMENDMENT BY CITY OFFICIALS OF SECTION I AND
J OF AGREEMENT FOR MAINTENANCE OF STATE HIGH-
WAYS WITHIN THE CITY OF RANCHO CUCAMONGA.
•
RESOLUTION NO. 80 -80
43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY
IN THE CITY OF RANCHO CU;AMONGA.
h, Approval of Revision of Rates for Traffic Signal Maintenance:
44
It is recommended that Council approve the requested 10 and
12 percent rate increases for Fiscal Year 1980 -81 for Signal
Maintenance, Inc.
i. Acceptance of Parcel Map No. 5639: It is recommended that
50
Council approve the attached Resolution allowing the City
Clerk to sign the map and the City Engineer to forward the
map to the County Recorder for filing.
RESOLUTION NO. 80 -69
51
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING PARCEL MAP NUMBER 5639 (TENTATIVE
PARCEL MAP No. 5639),
J. Acceptance of Maintenance Bond for Tract Map No. 9440 and
53
Tract No. 9434: Owner: Chevron Land & Development Co.
Maintenance Guarantee Bond 9434 $ 6,400.00
Maintenance Guarantee Bond 9440 6,402.48
0
City Council Agenda -4- August 20, 1980
4. PUBLIC HEARINGS
A. REFUSE CONTRACT AND ORDINANCE. A contract and ordinance for 56
the purposes of awarding a franchise for refuse service in
the City of Rancho Cucamonga.
ORDINANCE NO. 117 (second reading) 56
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING
FOR THE CONTROL, COLLECTION AND DISPOSAL OF
REFUSE.
B. GRADING REVIEW ORDINANCE. This is the first part of a three 79
part program for the development of grading control. The
ordinance sets forth policy and guidelines for review of
grading plans, creates a staff Grading Committee, and pro-
vides for establishment of grading standards.
ORDINANCE NO. 118 (second reading) 79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
• OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING
FOR THE DEVELOPMENT OF GRADING STANDARDS AND
ESTABLISHING POLICIES FOR REVIEW OF GRADING
PLANS.
C. REVISION TO THE STORM DRAIN FEE ORDINANCE. The ordinance 83
will remove the one -acre minimum drainage fee on parcels
under one acre in size.
ORDINANCE NO. 75 -A (second reading) 83
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING SECTION 4(c)(1) OF ORDINANCE N0.
75.
D. ZONING ORDINANCE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL 85
ASSESSMENT FOR A CONDOMINIUM CONVERSION ORDINANCE. The
purpose of the ordinance is to regulate the conversion of
apartments into ownership housing.
ORDINANCE NO. 119 (first reading) 88
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING THE ZONING ORDINANCE BY ESTABLISH-
ING REQUIREMENTS FOR THE CONVERSION OF
APARTMENTS TO CONDOMINIUMS.
City Council Agenda -5- August 20, 1980
0 5. CITY MANAGER'S STAFF REPORTS.
A. A COMPLAINT REGARDING VISUAL ENTRIPRISES CABLE T.V. 104
The City received a complaint from Mr. and Mrs. Ralph
Hogoboom regarding service provided by Visual Enterprises
Cable T.V. The Hogobooms wish to address the Council re-
garding their complaint against Visual Enterprises'
activities in the City of Rancho Cucamonga.
B. SISTER CITY INVOLVEMENT. At the last City Council 123
meeting, the Council requested additional information re-
garding the level of involvement and future costs if a
sister city program is started in our community. Many
communities budget no public funds for sister city involve-
ment while others determine the level of financial support
at the time the annual budget is considered. There are a
number of sister city organizations to assist in developing
programs. However, the most worthwhile appears to be the
Sister City International program. The cost to the City for
joining that organization is $250 for annual dues and an
additional sum of $125 for a service fee.
The initial service fee is deducted from the first year's
• annual assessment once a sister city program has been officially
established. The service fee entitles the City to consulting
services, a news letter, various types of handbooks, and other
media materials which aid in the conduct of the program. In
addition, individuals, service organizations, or corporate
entities may also join the association. The fees range
from $15 to as high as $250 for that special category of
membership.
In summary, it is difficult to specifically determine the cost
for involvement in any type of sister city'•s program. If the
Council wishes to participate in an official's exchange pro.
gram financed by the City, the cost would be sustantial since
transportation and lodging to New Zealand would be quite ex-
pensive. Many communities avoid the city budget expense by
either raising funds separately or by providing that any
travel in connection with the sister city program is strictly
at the expense of the participant. One additional expenditure
which would impact the city budget minimally is for conference
attendance at the sister city international conference.
Another consideration of the City Council is the amount of staff
commitment which may be required for the program. Past ex-
perience in other communities has indicated that the staff time
is minimal since the organization generally operates in much the
same way as a service club. It is important, however, that the
city staff and Council be involved in a liaison fashion in order
to enhance the communication between the organization and the
city.
City Council Agenda -6- August 20, 1980
f. A sister city program can be extremely beneficial to the City of
Rancho Cucamonga, particularly in improving the international
relations between communities. It is extremely important, how-
ever, that the City Council take care in selecting a sister
city. In many instances language difficulties or extremely remote
sister city locations result in a waning interest in con-
tinuing the program after the first few years.
C. FINANCIAL TASK FORCE. Report by Jack Lam. 126
At its meeting of August 6, the City Council received a
request from the Planning Commission to create a Financial
Task Force to study the alternatives available for financinn
public improvements. Staff will present a report detailing
recommendations for Task Force Committee objectives, schedule
of work, membership, role of consultants, staff participation,
and scope of study.
D. PROPOSED LAW AND JUSTICE CENTER. Oral report by Jim
Robinson giving an update of the proposed law and
justice center.
E. AN ORDINANCE AND RESOLUTION REGARDING THE EMPLOYER -PAID 129
. P.E.R.S.
7.0 CITY ATTORNEY'S REPORTS.
A.1 ADJOURNMENT.
9867 CITY OF RANCHO CUCAMONGA
WARR N VEN 0 V E N C 0 R N A M E
9148 VANGUARD LEASING SYSTEM
0025 REITER DEVELOPMENT A H
6725 LEAGUE OF CALIF CItIFS
6725 LEAGUE OF CALIF CITIES
0425 ANGEL STADIUM
7985 PUBLIC EMP RETIREMENT S
0025 REITER DEVELOPMENT A H
8312 SAN BERNARDINO CO
A.
1200 BANK OF AMERICA
8339 SEMPLE, JUDY
7162 MGMT SERVICES INSTITUTE
772C PALUMBO, MICHAEL
1710 BRIDGE ARTHUR
9200 WASSERAANV LAUREN M
336C ROBERT ESCUDERO INC
8313 SAN BRNONO CO EMPLOY C
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R867 CITY OF RANCHO CUCAMONGA
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04586 2350 COLEMAN, CAN
04587 2441 CO OF SAN BERNAROINO
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• II
LAW OFFICES or (SPACE BELOW MR FILING STANL ONLY)
❑ETBUT IIAFIF
• 2 � . [,9.[ „19.Al
269 Wni 6,x1717 Ar[wue
CIAREMONT. CALIFORNIA 91711 4:
1714) 324.1671
4 '80
iAttorney for Claimants . , •, „ _ r+,(
6,'
7'„
�M41re
9'.. CLAIM AGAINST A GOVERNMENT ENTITY�nd[,: qk� ar'
10'
111 BONNIE LUCE ANDREWS, KEVIN LUCE, )
i1 and KERRY LUCE, )
12a Claimants, ) CLAIM AGAINST A GOVERNMENT
13i ENTITY
V. )
141,i ) (Wrongful Death)
f, CITY OF RANCHO CUCAMONGA; COUNTY )
• 15 OF SAN BERNARDINO, )
16 Respondents, )
17'
I
18 TO: THE CITY COUNCIL FOR THE CITY OF RANCHO CUCAMONGA AND TO THE
i
19'1 BOARD OF SUPERVISORS FOR THE COUNTY OF SAN BERNARDINO:
20 I
21, I Margaret Holm Cripe, the undersigned, present this
!I,
22 claim as person acting on behalf of, and as attorney for, the
231 above -named claimants. My Post Office Box 970, Claremont,
24 California 91711, and the Post Office address to which I desire
2511 notices to be sent regarding this claim is that referenced above.
261 II
_ 27 The date, place and other circumstances of the occur -
28 rence or the transaction that give rise to this claim are as
GTY of J': ......
follows. ADMINISTRATION"
AUG 8 1880
III AY PU
On or about May 12, 1980, Keith of
Bonnie Luce Andrews and the brother of Kevin Luce
and Kerry Lucet
•
was killed by operating a motorcycle on Base Line Street at its
intersection with Beryl while travelling in a generally westbound
direction on Base Line Street at said intersection. On that
•
date, at approximately 4:45 PM, a vehicle driven by Matsuko
Doolittle in an eastbound direction on Beryl at its intersection
with Base Line was caused to collide with the motorcylce being
driven by decedent Keith Luce.
IV
It is alleged that as a result of visual obst*uctions
at the northeast corner of Base Line Street at its intersection
with Beryl Avenue, which obstructions consisted of telephone poles
I
signs, and other objects, Matsuko Doolittle was unable to see the
vehicle being driven by Keith Luce, as a result of which visual
obstructions her vehicle was caused to collide with the vehicle
being driven by the decedent. It is alleged that the defendants,
their agents and employees, and each of them, failed to maintain,
repair, inspect, design, supervise, owned, install, the aforemen-
tioned corner and the objects thereon and further failed to post
any warnings, signs, markings, or employ other devices to advise
motorist on the roadway of the visual impairment at said corner,
which corner by itself and in combination with the conduct of
the defendants constituted a dangerous condition of public propert
2
V
As a proximate result of the dangerous condition of
public property and the conduct of it defendants, claimants were
caused to sustain the loss of their son and brother and were
caused to sustain damages as are alleged herein:
(1) Funeral and burial expenses in an amount estimated
to be in excess of $1,000;
(2) General damages on behalf of each claimant in the
total sum of $375,000.
VI
The names of the public employees causing the damages a
losses herein before set forth are as of this time unknown to the
claimant.
VII
All further communications regarding this claim are to
be sent to this office at the address set forth above.
DATED: August 6, 1980
LAW OFFICES OF HERBERT HAFIF
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1VERIPR ATION — 446.200 5 C. C. P I
STAI A OF CALIFORNIA, COUNTY OF
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PROOF OF SERVICE BY MAIL (1011a. 2015.5 C. C, P.)
STATE 01: CALIb ORNIA. COUNTY OF
Im rndem /1M1r rn.nq'.fnmmid'lam arrr rh<oRr. /eighvenJmr+ and naroparrprorhr rvilhm marledaoion. my burmru
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269 West Bonita Avenue, Claremont, CA 91711
0, August 6, 1980 /v_— . /rrnre rhr nrrhin CLAIM AGAINST A
GOVERNMENT ENTITY (Wrongful Death)
he Parties herein
m .,d at.on, h, pM,,, a rnn arpr rAe,,,j mr /n.vJ in. ,W d rnrr/npr.nrh p..,we rhrrr.n /ulA p,,M,d. m rhr Umrrd Smn: ^.ail
Claremont, CA
.d- irnve.r MY—,
SAN BERNARDINO COUNTY BOARD OF SUPERVISORS, 175 W. Fifth Street,
San Bernardino,CA
Clerk of the CITY COUNCIL FOR RANCHO CUCAMONGA, 9320 Base Line,
Alta Loma, CA
trr,.ne .n , August 5,_1980_„r Claremont ,caN /mr.
i Asia iv7.hl
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5'lenui.rr
/ IPIA A. ARNOLD
LAW OFFICE OF
ALLEN BARTLEMAN
7253 CARNELIAN AVENUE - -
RANCHO CUCAMONGA, CALIFORNIA 91701
TELEPHONE (714) 9803033
In The Matter of the Claims of .'I,yl `ih;w;_ •• "1
Connie E. Perez and Pauline T. Perez, Claimants,
VS.
The City of Rancho Cucamonga
Allen Bartleran, Attorney at Law, in behalf of Claimants, hereby presents this
claim to the City of Rancho Cucamonga pursuant to Section 910 of the California
Covermm. nt Code.
1. The nay s and post -office addresses of Claimants are as follows: Connie E.
Perez, 9931 Kingston St., Rancho C:camonrta, California 91701: Pauline T. Perez,
9931 Kingston St., Rancho Cucamonga, California 91701.
2 The Cost- office address to which Allen Bartleman desires notice of this
claim to be sent is as follows: 7253 Carnelian Ave., Rancho Cucamonga, CA.
91701.
3. On July 1, 1980 on Iemm Street pest. of Archibald Ave., Claimants received
personal injuries under the following circumstances: tihile riding their bicycle
on Lemon St. struck a hole in the road, were thrown to the ground and injured.
1. Due to the negligence of the City of Rancho Cucamonga in constructing and /or
• maintaining the public street so as not to create unreasonable risk of harm to
bin,cle traffic, the Claimant Connie E. Perez was thrown violently from her
bicycle and sustained numerous cuts and bruises was rendered unconscious,
suffered a brain concussion and sustained damage to her right eye and forehead.
I>:e to the same negligent acts and omissions of the City of Poncho Cucamonga,
the Clai --i t Pauline T. Perez was thsowm violentely to the ground from her
bir_vcle t :lrebi sustaining numerous cuts an9 bruises and suffered nervous
distress uoon seeing the aforesaid injuries of her sister Connie E. Perez.
5. So far as it is kno.m to Allen Barticoan at the date of filing this claim,
Claimant Connie E. Perez has incurred damages in the amount of $1,000.00 for
hospital and physician's costs. Claimant Pauline T. Perez has incurred damages
in the amount of approximately $100.00 for physician's and hospital costs.
G. At the time of the presentation of this claim, Claimant Connie E. Perez
claims damages in the ecount of $25,000.00 o;mputed on the basis of special
damages for rain and suffering as will as medical costs. Claimant Pauline T.
Perez claims damages in the amount of $15,000.00 comouuted on the basis of
Fxirsonal injury pain amxl suffering anal emotional distress.
C
Ikitrr'. July 14, 1980
i. Allen ❑artleman, Attorney at raw
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Cll'\' OF Nr \NC11O Cl'Cr \o, )NGr\
NIUMORANDUN1
DATE: July 30, 1980
TO: Harry Empey, Director of Finance
FROM: Gary W. Richards, Code Enforcement Officer �r�
SUBJECT: RELEASE OF T.O.P. BOND FOR APPLE BUILDERS, INC.
Work for the following tract has been completed and the guarantee bond is hereby
authorized by the Planning Department for release to Apple Builders, Inc., 519
E. Stuart Avenue, Redlands, California 92373
Tract No. Lot No, rf n Amount � Receipt No. Purpose/
--- ,___
9591 7 $2,500 Bond No. Sales Office /Garage Conversion
8SM 174978 and subdivision sign on lot
no. 7, tract no. 9591.
Thank you for your assistance; if you have any questions regarding this bond
release, please call.
GWR:cd
3
CITY OF RANCFIO CUCAAIONGA
S'FAFF REPORT
DATE: August 20, 1980
TO: City Council and City Manager
FROM: Lloyd Hubbs, City Engineer
SUBJECT: Consent Calendar, Release of Bonds
Tract 8884 - Located on the east and south sides of Red Hill Country Club
Drive
OWNER: Harnish-Morgan-Causey
500 East "E" Street
Ontario, California 91764
Faithful Performance Bond (Road) $134,000
The road construction has been approved as being in accordance
with the road improvement plans and it is recommended that the
City Council accept the roads.
Tract 9265 - Located on the south side of 19th Street and east of Carnelian
L.J
OWNER: Griffin Development Co.
19436 Ventura Blvd.
Tarzana, California 91356
Faithful Performance Bond (Road) $ 92,000
The road construction has been approved as being in accordance
with the road improvement plans and it is recommended that the
City Council accept the roads.
Tract 9446 - Located on the south side of 9th Street, west of Baker Avenue,
north of the A.T. and S.F. Railroad.
continued,..
I*
OWNER: Kingsway Construction Company
110 West "A" Street, Suite 590
San Diego, California 92101
Faithful Performance Bond (Wall) $7,700
Staff Report
Band Release
• 8/20/80
Tract 9002 - Located on the west side of Sapphire at Pumalo Street
OWNER: San Miguel Land Company
202 Fashion Lane, Suite 101
Tustin, California 92680
Labor and Material Bond (Sewer) $33,000
Labor and Material Bond (Water) 21,500
Labor and Material Bond (Road) 55,000
Tract 9003 - Located west of Sapphire and east of the Cucamonga Wash,
north of Banyan
OWNER: Sunflower Land Co., Inc.
202 Fashion Lane, Suite 101
Tustin, California 92680
Labor and Material Bond (Road) 23,000
Tract 9121 - Located on the southwest corner of 19th Street and Haven Avenue
OWNER: Lewis Homes of California
• P. 0. Box 670
Upland, California 91786
Labor and Material Bond (Road) 70,000
Labor and Material Bond (Water) 21,500
Labor and Material Bond (Sewer) 12,500
Tract 9135 - Located on the southeast corner of Banyan Street and Hellman
Avenue
OWNER: Regency Estates
4010 Palos Verdes Drive North, Suite 101
Rolling Hills, California 90274
Labor and Material Bond (Sewer) 15,000
Labor and Material Bond (Water) 13,500
Labor and Material Bond (Road) 34,000
Tract 9136 - Located north of Apricot Avenue and east of Kirkwood Avenue
continued...
OWNER: Regency Estates
4010 Palos Verdes Drive North, Suite 101
Rolling Hills, California 90274
Labor and Material Bond (Sewer) 11,000
Labor and Material Bond (Water) 14,500
Labor and Material Bond (Road) 32,000
/U
Staff Report
Bond Release
8/20/80
Tract 9189 - Located on the east side of Sapphire Street at Jennet Street
and Thoroughbred Street
OWNER:
Mark III Homes, Inc.
•
2950 Redhill Avenue
Costa Mesa, California 92626
Labor
and Material Bond (Sewer)
$31,000
Labor
and Material Bond (Water)
34,500
Labor
and Material Bond (Road)
77,000
Tract 9194 - Located at the northwest corner of Arrow Route and Turner
Avenue
OWNER: Arnold D. Anderson
520 North Euclid Avenue
Ontario, California 91764
Labor and Material Bond (Road) 15,000
Tract 9223 - Located on the northwest corner of Banyan Street and Sapphire
Street
OWNER:
Mark 111 Homes, Inc.
•
2950 Redhill Avenue
Costa Mesa, California 92621
Labor
and Material Bond (Sewer)
25,500
Labor
and Material Bond (Water)
25,500
Labor
and Material Bond (Road)
59,000
Tract 9256 - Located on the northeast corner of Hillside Road and Beryl Street
OWNER: R.L. Sievers and Sons, Inc.
6481 Orangethorpe Avenue, Suite 8
Buena Park, California 90620
Labor and Material Bond (Water) 29,000
Labor and Material Bond (Road) 45,000
0
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CITY OF RANG" CLUAMONGA
STAFF REPORT
DATE: August 20, 1980
TO: City Council and City Manager
FROM: Lloyd Hobbs, City Engineer'
BY: Dave Leonard, Maintenance Supervisor
SUBJECT: Industrial Tractor Bids
On August 6, 1980, bids were received for one (1) industrial
tractor, loader, scrapper, and backhoe. Four valid bids were
received, see attached summary of proposals. Turner Ind. was
low bid with a Ford Model 545 tractor, Model 765 backhoe,
Model 745 loader and a Gannon high back scrapper. Turner meets
or exceeds all bid requirements.
RECOMMENDATION:
It is recommended that Turner Inc., 5072 Mission Blvd., Ontario,
California 91761, be awarded the bid at $27,341.96.
Respectfully submitted,
LH:DL:bc
Attachments
)z
•CITY OF RANCHO CUCAMONGA •
StDaJARY OF PROPOSALS OPENED
DATE 8 -6
PRO.: "�Ct TRACTOR 10A0ER BACKHOE SCRAPPER
CONlFACT NO
ItE`IS
QUANTITIES
. TURNER
DORNING
WHITNEY
CASE
Bid
Amount
Bid
AmounC
Bid
Amount
Amount
Bid
aia d<<•= Boun
1
Ea.
$27,341.96
$29,754.20
$27,862.10
r,,h.
$29,308.87
Ford
#545
Case
580C
Hassey
DD311F
F ur9es
n 40 -8
JD401C
0
NE
ea -•
a
I
RANCHO CUCAMONGA, CALIFORNIA
PROPOSAL
FOR
INDUSTRIAL TRACTOR WITH
LOADER, BACKHOE AND SCRAPPER
RIDS MUST RE SUBMITTED BY AUGUST 6, 1980, 2:00 P.M.
1;�
ENGINEERING DIVISION
CITY OF RANCHO CUCAMONGA
9340 BASE LINE, SUITE B
RANCHO CUCAMONGA, CALIFORNIA 91701
CITY OF RANCHO CUCAMONGA
BIDDERS NOTICE
THE CITY OF RANCHO CUCAMONGA WILL RECEIVE BIDS FOR THE PURCHASE OF
One (1) Industrial Tractor with Loader, Backhoe and Scrapper
IN ACCORDANCE WITH SPECIFICATIONS CALLED OUT BY THE CITY OF RANCHO
CUCAMONGA ENGINEERING DIVISION. BIDS MUST BE RECEIVED BY 2:00 P.M.
ON Aucust 6, 1980 BIDS WILL BE OPEN AT 2:00 P.M. ON THIS
DATE.
COPIES OF SPECIFICATIONS MAY BE OBTAINED FROM ENGINEERING DIVISION,
9340 BASE LINE, RANCHO CUCAMONGA, CALIFORNIA 91701. BIDS MUST BE
SUBMITTED ON CITY OF RANCHO CUCAMONGA BID FORMS AND PLACED IN A SEALED
ENVELOPE AND ADDRESSED: ,CITY ENGINEER, CITY OF RANCHO CUCAMONGA, POST
OFFICE BOX 793, RANCHO CUCAMONGA, CALIFORNIA 91730 AND MARKED CLEARLY
"BID FOR INDUSTRIAL TRACTOR
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA RESERVES THE RIGHT TO
REJECT AY.Y AND /OR ALL ..DS SUBMITTED.
PUHLISHED: Sy_)`yJ and 28. 1980
15
U
Department of Engineering
• P. 0. Box 807
9340 Base Line, Suite B
Rancho Cucamonga, California 91730
Bids must be received by 2:00 p.m.
and will be opened at that time,
on August 6, 1980
City Council
City of Rancho Cucamonga
Rancho Cucamonga, California 91730
Honorable Council:
In accordance with the established specifications, the undersigned
bidder agrees to provide the City of Rancho Cucamonga with
One (1) Industrial Tractor with Backhoe, Loader and Scrapper
at the following price, including sales tax. Bid price to be exclusive
of Federal Excise Tax.
• Ford 545 - Model DD311F f 27,341.96
ITEM (Make and Model)
Turners, Inc.
Company Name
5072 Mission Blvd.
Address
Ontario, CA 91761
�ty 6 State z
Store Manager
Title
U,
'6
CITY OF RANCHO CUCAMONGA
SPECIFICATIONS FOR
TRACTOR, LOADER, BACKHOE
1. GENERAL
The tractor provided herein shall be new, current production model, diesel powered,
rubber tired industrial tractor loader backhoe. The following specifications are
not intended to eliminate any manufacturer or dealer from bidding, but to set
minimum requirements. All items appearing as standard in manufacturers published
specifications are considered to be included in this proposal. Specifications
also require that the bidder furnish complete descriptive literature, complete
specifications and all other necessary data on the equipment he.. proposes to furnish,
All specifications shall be stated in ICED or SAE definitions where applicable.
NOTE: BIDDER SHALL COMPLETE RIGHT -HAND COLUMN INDICATING SPECIFIC SIZE AND/
OR MAKE AND MODEL OF ALL COMPONENTS. STATE "AS SPECIFIED" IF THE ITEM
IS EXACTLY AS SHOWN IN LEFT HAND COLUMN.
MINIMUM SPECIFICATION EXCEPTIONS
TRACTOR
A. Enqine
1)
Diesel Power, 200 CID
201 CID
2)
55 SAE Net hp
As Specified
3)
12 Volt Electric System
As Specified
4)
Dry type replaceable air filter
As Specified
5)
Replaceable dual fuel filter
Replaceable paper element
6)
Spin type replaceable oil filter
As Specified
B. Transmission and Drive System
1)
Four speeds forward and reverse
As Specified
2)
Full power reverse with torque
As Specified
converter
3)
Differential lock
As Specified
4)
Neutral safety device to prevent
As Specified
starting engine in gear
5)
Most be able to change gears while
Not Advisable
in motion
C. Sheering
1)
Fill time power assist
Hydrostatic
17
•
•
•
Specs, for Tractor, Loader, Backhoe
Page 2
AMINIMUM SPECIFICATION
•
9
0. Brakes E Tires
1) Brakes hydraulic self adjusting
2) Over center hand parking brake
3) Front tires, Ill. X 16, IOPR Truck
Tread Type
4) Rear Tires, 17.5 X 24, 6 PR, R4
Tread Design
E. Mydrauiic System
1) Positive displacement, 26GPM with full
working relief value and 40 Micron
return line filter
F. Gauges and Lights
1) Tachometer, voltmeter, enginer hour -
meter, alternator, engine oil pressure,
hydraulic filter indicator, engine
temperature, torque converter oil
temperature
2) Headlights, taillights, turn signal,
fourway hazard flashers, instrument
lights
3) Vandal resistant package for all gauges
with locking cover
G. Safety Equipment
I R.O.P.S. with cab and front and rear
windshield wipers
2) S.M.V. sign
3) 3" Seat belt
4) Back -up alarm
5) Horn
II. LOADER
A. I yd3 SAE head capacity with bushings
around pins
B. Single lever control for lower, dump, float,
rollback, hold and return dig
C. Bucket position indicator
0. Bucket width to cover rear wheels
E. Breakr,.,t force 6000, lift capacity to full
height 4000
i
EXCEPTIONS
Mechanical Wet Disc
Integral with service brakes
11.00L -16 -F3 (Laborer) 8 ply
16.9 x 24 R4 8 ply
27 GPM Pump and As Specified
As Specified, except charge
light = oil pressure light;
tran. temp light.
As Specified
Plexiglass cover over gauges
y Post R.O.P.S.
As Specified
As Specified
As Specified
As Specified
As Specified
As Specified
As Specified
As Specified
Brakeout force 720011,
lift 4500If
. SOacs. for Tractor, Loader, Backhoe
Page 3
MINIMUM SPECIFICATION EXCEPTIONS
LANDSCAPE BUCKET AND HITCH
A. 3-Point modular hitch for quick detach Hitch not modular; equipped
of backhoe and landscape bucket. Fully with quick coupler for ease
hydraulic fork lift, tilt, pitch and of detaching.
ripper bar.
B. 6' 8" landscape bucket, high back with As Specified
ripper teeth. Replaceable bushings,
reversible cutting edge.
IV. BACKHOF.
17
Commercial unit equipped
with
A.
Quick - detachable type
quick coupler'.for -Case of
detach —
B.
Heavy duty rubber stabilizer pads
As Specified
ing.
C.
Boom swings operated by double - acting
As Specified
cylinders
D.
Operators seat adjustable for height
As Specified
and aft
E.
Reach from rear axle center line 21' 5"
22' 0"
F.
Digging Depth - 14'
14' 4"
•
G.
Swing Arc - 1800
As Specified
H.
Digging force bucket cylinder, SAE
97350
8,000
1.
Digging force dipper cylinder, SAE
67500
5,000
J.
I8" bucket width with replaceable teeth
As Specified
V. A.
1r,t
1) Factory standard color
As Specified
B.
Service and Warranty
1) One year dealer and manufacturer
As Specified
warranty including parts and labor
for tractor and attachments supplied
2) State location of bidder's service
As Specified
and repair parts facility
C.
Service Manuals
1) Vendors shall furnish parts manual,
As Specified
technical maintenance manual and
operating manual at time of delivery
•
17
Specs. for Tractor, Loader, Backhoe
Page 4
0 MINIMUM SPECIFICATION
V. D. Delivery
1) F.O.B. destination as follows:
Engineering Division
City of Rancho Cucamonga
9340 Base Line, Unit 8
Rancho Cucamonga, California 91701
(714) 989 -1851
2) Unit to be delivered in first class operating
condition with acceptance subject to purchaser's
inspection and approval.
3) Unit to be installed by qualified serviceman
to instruct purchaser on operation of unit and
accessories.
E. Delivery Date
1) Complete unit shall be delivered within 45 or less
days after receipt of City Purchase Order.
EXCEPTIONS
" ' As Specified
As Specified
As Specified
• VI. COMPLIANCE
Deviation from the minimum specifications is to be indicated with specifica-
tions of alternate proposal. The bidder proposed to furnish equipment in
accordance with these specifications unless indicated specifically otherwise.
r\
LJ
Failure to supply complete information called for on this bid form may
render bid as non - responsive.
20
,J
9
QTY OF RANU-10 CVQkN10NGA
STAFF REPORT
DATE: August 20, 1980 'L
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Agreement for Maintenance of State Highways in the City
Attached for Council approval is a State Highway /City Maintenance
Agreement. This agreement allows the City to obtain reimbursement
from CALTRANS for street sweeping and parkway weed abatement on
Foothill Blvd. and Nineteenth Street within the City Limits of
Rancho Cucamonga. The total authorized expenditure for this year
is $6,300.00. The City will bill the State quarterly for the work
performed in the previous quarter.
RECOMMENDATION:
It is recommended that the Council approve the Agreement for
Maintenance of State Highways.
Respectfully submitted,
LBH: j as
Attachments
21
STATE OF CASNORNIA— BUSINESS AND TRANSFORTAnON AGENCY EDMUND G. BROWN JR., Go..mw
DEPARTMENT OF TRANSPORTATION
RICT e, NA . C :DT
BfRRDIN DINOANfORNIA 93403
August 8, 1980 ,
CJ!A1iL'';IT`f GE4:'. C`rir �E; <i uEPi.
AUG i l I'-I
Aryl Pal
'TiBE`�'r�i!1jCEl;'a3l �i5i0
Mr. Lloyd Hubbs
City Engineer
City of Rancho Cucamonga
P. 0. Box 807
Rancho Cucamonga, CA 91730
Dear Mr. Hubbs:
Attached are three copies of the Agreement for Maintenance
of State Highways in the City of Rancho Cucamonga for your
submittal to the City Council for their approval. Please
retain one copy for your information and return 2 copies
• for our signature. A fully executed agreement will be re-
turned to you.
If you have any questions feel free to contact one at (714)
383 -4017.
Very truly yours,
J. E. PEDDY
District Director
By
R. G. Pote
District Permit Engineer
Att -3
22
Page 1 of 19
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY
OF RANCHO CUCAMONGA •
THIS AGREEMENT, made and executed in duplicate this day
of , 19 , by and between the State of Cali—fo—rnia,
acting by and through t:e Department of Transportation, hereinafter
referred to as "the STATE" and the CITY of RANCHO CUCAMONGA
hereinafter referred to as "CITY ".
W I T N E S S E T H:
A. RECITALS:
The Parties desire to provide for the CITY to perform particular
maintenance functions on the State highway within the CITY as provided
in Section 130 of the Streets and Highways Code.
B. AGREEMENT:
This Agreement shall supersede any previous AGREEMENT FOR
MAINTENANCE OF STATE HIGHS.'AYS IN THE CITY OF RANCHO CUCAMONGA
and /or AMENDMENTS thereto with the CITY.
In consideration of the mutual covenants and promises herein
contained, it is agreed:
The CITY will perform such maintenance work as is specifically
•
delegated to it, on the State highway routes or portions hereof all
as hereinafter described under Sections I and J hereof or as said
sections may be subsequently modified with the consent of the parties
hereto acting by and through their authorized representative.
C. MAINTENANCE DEFINED:
Maintenance is defined in Section 27 of the Streets and Highways
Code as follows:
Sec. 27. "(a) The preservation and keeping of rights of way, and each
type of roadway, structure, safety convenience or device,
planting, illumination equipment and other facility, in
the safe and usable condition to which it has been
improved or constructed, but does not include
reconstruction, or other improvement.
"(b) operation of special safety conveniences and devices,
and illuminating equipment.
"(c) The special or emergency maintenance or repair
necessitated by accidents or by storms or other weather
conditions, slides, settlements or other unusual or
unexpected damage to a roadway, structure or facility."
•
;�J
Page 2 of 19
DEGREE OF MAINTENANCE:
.The degree or extent of maintenance work to be performed and the
standards therefore shall be in accordance with the provisions of
Section 27 of the Streets and Highways Code and the provisions of this
Agreement as hereinafter specified or as may be prescribed from time
to time by the District Director. "District Director ", as used herein,
means the District Director of the Department of Transportation assigned
to the territory in which the CITY is located, or his authorized
representative.
A guide to the proper degree of maintenance in specified programs
is set forth in the current edition of the State Maintenance Manual, a
copy of which has been provided to the CITY.
The level of service of maintenance in each of the programs
delegated to the CITY has been considered in setting authorized total
and route dollar amounts. The CITY may perform additional work if
desired by the STATE but the STATE will not reimburse the CITY for any
work in excess of authorized dollars. The District Director may
authorize adjustments needed because of inflation or changes in program
emphasis.
E. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of this Agreement is intended to create
duties or obligations to or rights in third parties not parties to
•this contract or affect the legal liability of either party to the
contract by imposing any standard of care respecting the maintenance
of State highways different from the standard of care imposed by law.
•
It is understood and agreed that neither STATE, nor any officer or
employee thereof is responsible for any damage or liability occurring
by reason of anything done or omitted to be done by the CITY under or
in connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement for Maintenance. It is also understood
and agreed that, pursuant to Government Code Section 895.4, CITY shall
defend and fully indemnify and hold STATE harmless for any damage or
liability occurring by reason of anything done or omitted to be done
by CITY under or in connection with any work authority or jurisdiction
delegated to CITY under this Agreement.
MAINTENANCE FUNCTIONS:
Certain maintenance functions may be delegated to the CITY as
indicated under Section J of this Agreement. The CITY shall not
perform any of these maintenance functions unless specifically
delegated under said Section J, DELEGATION OF MAINTENANCE.
The various maintenance functions or duties are defined and
described by the following programs. The numbers without prefix
relate to the Maintenance Management System (MMS) Program and the
numbers with the prefix HM relate to Caltrans budgetary codes.
�4
Page 3 of 19
*01 and *02 - FLEXIBLE AND RIGID ROAD MAINTENANCE PROGRAM
HM -11 HM -12
This covers the maintenance required for the restoration and
repair of both the surface and base within the roadbed area. Roadbed
means all surface and subsurface structures of the traveled way,
parking banks and shoulders.
*03 - ROADSIDE MAINTENANCE PROGRAM
HM -21
Roadside shall be described as that area between the roadbed and
the outer highway right of way boundary line. Maintenance of roadside
includes the cleaning of culverts, ditches, natural water channels
and gutters, restoring side slopes, removal of drifted material, drift
prevention, erosion control work, and maintenance of walls, cribs or
bank protection facilities, curbs and sidewalks, and other roadside
facilities.
Maintenance work to be performed within the area designated as
roadside maintenance shall include such sidewalk and curb inspection
and action toward repair of sidewalks, curbs and other facilities as
is necessary to keep them in a reasonably safe condition. Joint
inspection should be on a biannual basis. The STATE will not pay for
maintenance of any sidewalks. The CITY shall follow the same policy
and procedures generally followed by it with respect to CITY streets
in the matter of requiring sidewalk repairs and control of vegetation
to be made by or at the expense of abutting owners who are under legal
obligation to perform such work. It is agreed that reasonable •
diligence will be exercised by the CITY in performance of required
sidewalk repair and control of vegetation as outlined in this portion
of the Agreement.
*04 - ROADWAY LITTER AND DEBRIS PROGRAM
HM -23
This program includes all work concerning roadbed and roadside
cleanup operations to insure that the highway presents a neat, clean
and attractive appearance.
Sweeping and cleaning shall be limited to the removal of dirt or
litter normally coming onto the roadbed from the action of traffic or
from natural causes. STATE will not undertake nor pay for picking up
or disposing of rubbish or debris swept into or otherwise placed on
the highway from abutting property. The extent of sweeping and
cleaning on the State highways shall not be greater than customarily
done on comparable CITY streets.
The sweeping activities covered in this program pertain to the
sweeping of paved medians, curbed CITY street sections and curbed or
rolled gutter types on other highways.
•
as
Page 4 of 19
*05 - VEGETATION CONTROL PROGRAM
HM -23
• Vegetation control refers to the maintenance treatment of all
vegetative material growing native within the non - landscaped highway
right of way. Included is treatment by chemical means and cutting
and trimming by hand and mechanical means. Vegetation includes brush
control and tree trimming.
Routine tree maintenance shall include care necessary to maintain
trees in a healthy growing condition. Tree trimming shall be limited
to the occasional removal of dead or low overhanging limbs. Extensive
tree reconditioning work, spraying or removal are not routine
maintenance operations and will not be paid for unless such work is
specifically authorized by the STATE. The above, when delegated to
the CITY, shall not be construed as restricting, prohibiting or
otherwise relieving the CITY of the responsibilities for inspection
and upkeep of trees in a manner that will insure maximum safety to
both vehicular and pedestrian traffic. The STATE will not pay for
maintenance of landscaping or trees which the CITY planted or which
were planted under authorization of an encroachment permit and the
CITY is responsible for maintenance.
*06 - PAVEMENT DELINEATION PROGRAM
HM -41
The pavement delineation program involves all work necessary to
maintain distinctive roadway markings on the traveled way. This
•includes, but not limited to layout, removal, cleaning and /or
replacement of existing delineation and roadway markings.
•
All work shall conform to the Standards established by the STATE.
Except for the red "NO Parking" zones at the approach to and exit
from intersections controlled by traffic signals, the STATE will not
pay curb painting or parking lines as may otherwise be required for
the regulation of parking.
The cost of maintaining pedestrian crosswalks at intersections
shall be shared between the STATE and CITY in the same ratio as the
number of intersecting roads or streets under jurisdiction of the
respective agencies bears to the total number of intersecting CITY
street, STATE highways and COUNTY roads within the particular
intersections; for example, a 50 -50 basis will apply to the regular
cross street intersection wherein a COUNTY road is not a factor (City
only).
State reserves the opt4cn :n check at random all the pavement
delination program maintained .1 the CITY to assure conformance to
the pavement delineation maintenance levels. Failure of the CITY
to comply to the pavement delineation maintenance levels should be
reason to terminate this agreement as specified under Section L,
TERMS OF AGREEMENT.
Page S of 19
"07 - SIGN PROGRAM
HM -42
The sign program includes all maintenance work performed on signs •
placed or to be placed, on STATE highways for the purpose of warning,
or regulating traffic. The work consists of replacement of existing
signs and the repair, cleaning and painting of these signs. Upgrading
of existing signs or installation of new signs is not a part of this
program.
All signs shall conform to the specifications adopted by the STATE,
or as otherwise specifically authorized by the STATE. Positioning
of such signs shall conform to standards adopted by the STATE.
Unless specifically authorized, the STATE will not maintain or
pay for maintenance of regulatory signs installed for the purpose of
stopping vehicular traffic at pedestrian or school crossings nor the
regulatory signs installed for the prohibition or the regulation of
parking.
'08 - ELECTRICAL PROGRAM - NOT DELEGATED
HM -43
This program includes all STATE operation and maintenance work
performed on highway electrical facilities used to control flashing
beacons, traffic signals and traffic signal systems, and safety
lighting.
STATE will not pay for the maintenance, installation, repair, •
servicing, nor power for ordinary street lighting; however, lighting
at intersections, which qualifies as safety lighting under warrants
approved /accepted by the STATE, will be paid for when approved and
specifically authorized by the District Director. Where such lighting
has been specifically authorized at an intersection, the maintenance
and operating costs thereof shall be shared between the STATE and the
CITi on a prorata basis in the same ratio as the number of legs in the
intersection under each jurisdiction bears to the total number of legs.
The CITY will furnish service for or perform such maintenance work
as specifically delegated to it in other sections of this Agreement,
and the STATE will furnish service for or perform the work not other-
wise assigned to the CITY.
It is agreed that estimated monthly rates, applicable to the
intersection involved, shall be established for the operation and
maintenance of the traffic signals and other electrically operated
traffic control devices based on a cost per unit. This rate shall
include overhead and other in0. -ect •zxpenses incurred by the STATE
in these specific operaticns.
It is further agreed that the estimated monthly rates shall be
revised or adjusted as of June 30 each year.
•
o�/
Page 6 of 19
The cost of operating and maintaining traffic signals or other
electrically operated traffic control devices now in place at the
•intersection of any STATE highway route and any CITY street /road
identified in Exhibit "A" shall be shared between the STATE and the
CITY on a prorata basis in the same ratio as the number of legs in
the intersection under each jurisdiction bears to the total number of
legs. The same principle of cost distribution shall apply to
freeway interchanges. The participation ratio shall be based on the
ratio of the number of legs of the respective agencies to the total
number of legs of the interchange. The percentage of costs to be
borne by the STATE and CITY shall be shown on Exhibit "A ".
The STATE will submit bills for operation and routine maintenance
as defined above semiannually on December 31 and June 30 of each year.
Bills shall be in accordance with that shown on Exhibit "A ".
Extraordinary expense, such as for repair or replacement of
extensive damage, shall be assessed directly against the particular
installation involved. Billings for such costs shall be itemized
as to materials, including service and expense, salaries and wages,
and equipment rental.
•
•
o!
Route
EXHIBIT "A"
Page 7 of 19
Effective
•
ELECTRICAL FACILITIES OPERATION AND MAINTENANCE
COST DISTRIBUTION
Billed and Maintained by the STATE
Cost Distribution
Type of
Location Facility Units State City /County
SIGNALS
0
FLASHERS
LIGHTS
UTILITY -OWNED - BILLED BY THE STATE •
a�
LEWIS HOMES
115E N s Mountain henue / P.O, Box 670 / Upland. CA 977&6 / 714 9&50%1
August 14, 1980
oELIVER By HAND
Mayor Philip Schlosser
and Members of the City Council
City of Rancho Cucamonga
P. O. Pox 807
Rancho Cucamonga, CA 91730
Gentlemen:
CITY OF RANCHO CUCAMONGA
AU4 It. h -Tl, • TION
hU U 14 1990
AY 1M
71819100111211121314AIS
Re: Agenda Item, August 20 meeting
We hereby request that you clarify at your August 20 meeting your
intentions regarding our ability to submit tract maps and site plans
during the month of August for a portion of the Terra Vista property.
Our reasons for this ieyuelt will be Pyrli ined in full in a separate
letter to be delivered tomorrow.
Very truly yours,
Hay Matlock
Project Manager
/km
a
LEWIS HOMES
1156 Na6h Mounlam 7Nn1A / P.O. Box 670 / LOW4. CA W86/ / 71A 8650771
August 19, 1980
The Honorable Philip Schlosser and
Members of the City Council
City of Rancho Cucamonga
9320 Base Line Road
Post Office Box 807
Rancho Cucamonga, CA 91701
Reference: Council Agenda Item
August 20, 1980
Gentlemen:
This letter concerns a matter which we submitted for your August 20
agenda. It was omitted from the printed agenda, apparently due to the
absence of the deputy city clerk, but we are told it will be added. We
apologize for not getting this letter to you sooner.
Like other landowners in Rancho Cucamonga, we have long awaited the
lifting of the moratorium and the opportunity to start building in
Rancho Cucamonga. We wish to submit some tract maps and site plans on a
small portion of our Terra Vista property during the August filing
period. There is some honest confusion as to how the Council would feel
about this. We, of course, would like to move ahead. Jack Lam has told
us that he thinks our doing so would be contrary to the Council's
wishes. He feels bound to recommend disapproval of any map we submit,
because he believes that is the intent of the Council. We are not sure
that really is the Council's feeling. Since this is very important to
us, we ask you please to provide some guidance.
We wish to submit maps on the portion of our property that is west of
Deer Creek. This is a triangular parcel of approximately 100 acres
bounded by Haven on the west, Deer Creek on the east, and the Southern
Pacific railroad tracks on the north, with Base Line running through the
center of it. The densities and uses we propose are, we believe,
consistent with the proposed General Plan and with our proposed Planned
Community.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 2
We would have preferred to have our entire Planned Community completed
and approved by now, but that has not occurred. One reason is that we
have modified our plan over time in response to staff input and the
General Plan process, as well as changes in the housing market and
changes in buyer preferences. City input has sometimes been confusing,
as on the question of how Foothill Boulevard should be planned. Some
officials tell us they envision Foothill as a true downtown boulevard,
with the type of major commercial establishments that will draw people
from other communities and bring in sales tax revenue. Some other
officials and staff members say we should plan Foothill as a suburban
street resembling Foothill Boulevard in La Verne- -that is, a mixture of
multifamily projects and small local shopping centers, which would not
- have a downtown character and would not capture any sales tax from
outside the immediate neighborhood. It is difficult to plan such an
important part of Terra Vista with two conflicting sets of direction.
Aside from that, planning a project of this magnitude is just very
complex. For instance, so far as we know, the city has not yet been
able to decide exactly where the civic center complex should be.
Apparently, it is not a simple decision. If you multiply that
decision - making process many times over, you can appreciate the
difficulty we have faced in planning a community that will be built over
the next 10 or 15 years. Any direction the City Council would care to
offer on these two questions - the character of Foothill Boulevard and
the location of the civic center - would be appreciated. The point is
that the delays in completing our plan have not been entirely within our
control. The Planned Community will be completed in conceptual form
very soon, though, and we plan to present it to city officials in early
or mid- September.
In the meantime, it is imperative that we get started building. It was
1976 when we originally acquired and began planning Terra Vista. The
City of Rancho Cucamonga we incorporated the following year,
redirecting our planning. In the three years since, we have not been
permitted to develop any of our property. To date we have paid out, in
cash, close to $4,000,000 to carry and plan this land. This is actual
cash out of our pocket, and that figure does not include any salaries
paid to our own staff or any overhead charges. The burden of carrying
the property in the face of the moratorium forced us this year to obtain
a land loan so that we would not have to give up the project. Between
that loan and our original purchase obligations, we will have to pay out
$2,000,000 in cash during the coming 12 months just to meet our
obligations on the land. That is equivalent to more than $160,000 a
month or more than $Sr300 a day. Again, these are actual cash payments
due on the property, with no income from the property to offset them.
If you add to that our accruals toward deferred principal payments that
will begin next year, the cost to us for the coming year in land carry
alone is over $4,300,000. That is over $360,000 each month and nearly
$12,000 per day.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 3
Those figures would be sobering to a company twice our size. We would
not have obtained a large land loan at very high interest rates if there
bad been any alternative. Selling the property outright was an
available option, but not an acceptable one in view of our feelings
about this project. We want to see Terra Vista became a reality and we
intend to make it happen. But the property is a serious cash drain on
our company as long as it sits undeveloped. It is such an enormous
financial burden that we might have to reexamine the viability of the
entire project if we are not allowed to start building now. That would
be a great loss, not only to our company but to the city as well.
Carrying the property is our problem, and we do not regret our
investment, but the prospect of further delay without compelling reason
is very disturbing. Among other things, we know that small delays can
mushroom into big delays. A month's delay imposed by a city, for
whatever reason, can be just long enough for interest rates to rise, or
money to dry up, or construction wages to jump, or unions to go on
strike. Too many things can happen that will set a project back by many
months and eliminate any return on the developer's investment. We have
been patient for three years. Those with less at stake can be patient
now if they wish. We need to move ahead.
In planning the Terra Vista property, we have always had difficulty
integrating the land in this "triangle" west of Deer Creek with the rest
of the project. The main reason is that this parcel is physically
separated from the rest of the project by the planned Deer Creek flood
control channel, which will be developed within a 120 —foot right of way.
A physical barrier like this makes automobile and pedestrian access very
difficult. People can easily walk across a street, even a major
highway, but not across a concrete lined rectangular channel. The
greenbelt, schools, community facilities, and other features of our
Planned Community cannot bridge this channel. Because of the channel,
this triangle cannot be fully integrated with the rest of the Planned
Community.
Also, this part of the property differs from the rest in that it is
surrounded by existing development. There are homes to the north and
homes and mobile homes all along the western boundary, on the west side
of Haven. In planning this area, we must be sensitive to the existing
residences and try to make our projects compatible with them. This
prevents our building some of the innovative types of housing that we
plan to build in the interior of Terra Vista. While we intend to build
here to the same general design standards and using the same themes as
in the balance of the project, this triangle is not the place for very
high density uses or future housing types, because of the existing
development surrounding it. It also cannot incorporate all of the land
use features of the project as a whole because of the physical
separation. We will therefore build to more conventional development
standards within this area while at the same time introducing the
concepts that will distinguish Terra Vista.
The honorable Philip Schlosser and
Members of the City Council
August 19, 1980 f—p
Page 4 �' . / � ;+2 ty . Cji•/
This triangle is an area of transition from the existing part of town to
the new planned communities. It is worth noting that, north of Terra
Vista, the area west of Deer Creek is not included in Victoria either.
Both planned communities proper begin at Deer Creek and go eastward.
The area west of Deer Creek cannot be fully included in then because of
the existing development in and around it and because of the barrier of
the channel.
From our company's point of view, the area around haven and Base Line is
a very important entrance to our Planned Community. For that reason, we
want it to reflect the style and themes of the entire development and we
also want it to be especially attractive. The landscaping, street
treatments, and architectural styles will be up to the standard of Terra
Vista as a whole. The physical Improvements will also be sized with the
entire project in mind. Open space and recreational amenities will be
included within this triangle just as in the rest of Terra Vista.
however, this area most also act as a buffer connecting the old and new
parts of the city. Its design therefore is somewhat predetermined.
For these reasons we see no really valid reason to postpone building
here until the rest of the Planned Community is approved, while this
area should not clash with the rest of the project, nevertheless it
simply cannot be fully integrated with it. The land uses here really
have very little to do with the land uses at the other end of the
project. We see no way that our getting started here in any way hurts
the balance of the Planned Community. More to the point, we just cannot
afford to hold up building here until the entire Planned Community is
approved.
After this month, we would have no opportunity to submit projects again
until December. That four month delay would mean over $650,000 out of
our pocket for land payments alone, with no offsetting revenue coming
in, and would in our view accomplish nothing. what we would propose to
build in this area in December would be the same land uses we propose
now. Wbatever modifications the city might request in December can just
as well be requested now. Nothing is gained by a four month delay, and
our company would lobe a great deal. Besides the direct costs of
carrying the property, our competitors who are being permitted to file
this month would gain a substantial advantage over us. We are not
afraid of competition, but there is something unfair When everyone is
allowed to compete except our company. School letters and sewer letters
will be allocated first to those who file during August. Thos who F lc
during December will go to the end of the line. koLall wog k.,ow_ the
staff. will be so busy during December that the city will decide to skip
the December filing completely. To-'ar6i[rarily delay us until December
in effect penalizes our company for attempting to provide a Planned
Community that will enhance the entire city. Others who did not
undertake any special planning efforts are not being asked to wait.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 5
We are not the only ones hurt by unnecessary delays. Homebuyers and the
city also suffer. With every month of delay, inflation pushes costs
higher and financing charges mount up. We hope to provide some
affordable housing both within this triangle and within Terra Vista as a
whole, but every month of delay makes it more and more difficult.
Once maps are filed, many months of processing still lie ahead before a
developer can break ground. To add on another four months before that
long process can even start merely raises housing costs for no good
reason. The industries that want to locate in the city require housing
that their employees can afford. They need some evidence that the
housing will be there and that the city will not push housing prices
sky -high. Industries may begin to look elsewhere if the city
unnecessariry hinders affordable housing rather than enc pt— it
Submitting these projects does not mean that we are not proceeding with
the Planned Community. We are working as rapidly as possible to
complete it. Our work has been complicated and delayed by the general
planning process but we expect completion in conceptual form very soon
and a presentation to the city in September. A concern has been
expressed to see how what we propose in this triangle will fit in with
the rest of Terra Vista. We are meeting that concern. Before any
discretionary review of these maps takes place, we will have alreadv
presented our plan and demonstrated how the entire project fits
together. But because-an August 31 deadline for maps has been imposed,
we most submit the maps first and make the presentation shortly
afterward.
We do not believe the city has any legal authority to prevent us, or any
developer, from submitting "maps this., month'_ if "the' -map's meet city
requirements. We are _also not sure the city has authority to
unilaterally disapprove our submissions "solely on the grounds that we—
are trying to create a Planned Community, I£ we wanted to start a tract
in the center of the project, an objection would make more sense.
Starting in this one area which is separated from the rest, though, is a
different matter. We would rather not get into legal discussions, which
is why we have gone to such lengths in this letter to try to explain our
point of view. We are not trying to subvert the planning process. We
are simply trying to work within it in a way that will not bankrupt our
company.
Our Planned Community right now is somewhat'anal ogn us to the city's
General Plan. Both have taken longer thpu originally planned. The
General Plan at this point is a araff�at has not been
cumpleted, much less reviewed or brought to public hearings. Even
though the General Plan is not finished, builders are being allowed to
file maps. Staff members have said that they intend to recommend
approval of projects if they are consistent with the General Plan draft,
which will not be completed until early September at best, after
I,ullders' maps have already been filed. Similarly, our Planned
Community will not have been through any public hearings in September
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 6
but it will be complete in conceptual fo m at least, with the balance to
follow shortly thereafter. By the time any action is taken on the
projects we submit in August, the Planned Community will have been
completed and submitted. In other words, we are not putting the cart
before the horse any more than the city itself is doing.
With all of this in mind, we ask the Council to clarify its position.
We hope the Council agrees that we should be able to proceed with these
projects in advance of the rest of Terra Vista. It is of vital
importance to our company.
Thank you for giving this your consideration.
Very truly lours,
Kay Matlock
Project Manager
KM:gk:2082b
cc: Lauren M. Wasse man
Sack Lam
Page 8 of 19
*08 - ELECTRICAL PROGRAM - DELEGATED
HM -43
• This program includes all maintenance work performed on highway
electrical facilities used to control flashing beacons, traffic
signals and traffic signal systems, provide safety and sign lighting.
STATE will not pay for the maintenance, installation, repair,
servicing, nor power for ordinary street lighting; however, lighting
at intersections, which qualifies as safety lighting under warrants
approved /accepted by the STATE, will be paid for when approved and
specifically authorized by the District Director. Where such lighting
has been specifically authorized at an intersection, the maintenance
and operating costs thereof shall be shared between the STATE and the
CITY on a prorata basis in the same ratio as the number of legs in the
intersection under each jurisdiction bears to the total number of legs.
The cost of maintaining and operating traffic signals or other
electrically operated traffic control devices now in place or those
which may hereafter be installed at the intersection of any STATE
highway route and any CITY street /road shall be shared between the
STATE and the CITY on a prorata basis in the same ratio as the number
of legs in the intersection under each jurisdiction bears to the total
number of legs. The same principle of cost distribution shall apply
to freeway interchanges. The participation ratio shall be based on
the ratio of the number of legs of the respective agencies to the
total number of legs of the interchange.
• Timing of traffic signals shall be the responsibility of the
STATE. Timing shall be determined after consultation with the local
agency; however, the decision of the District Director of Transportation
shall be final. Maintenance of th? "designed" timing is the
responsibility of the CITY. Timing records shall be kept in both the
STATE and CITY maintenance and traffic branches.
NOTE: Cost of electrical energy charges will be charged separately_
EMERGENCY OPERATION OF TRAFFIC SIGNALS DURING EQUIPMENT FAILURE
A written "Contingency Plan" for operation of traffic signals
should be prepared for emergency operation of each signalized
intersection. Copies of the plan shall be kept in the controller
cabinet and in the Maintenance and Traffic Branches of STATE and CITY.
The plan shall detail the method of restoring a malfunctioning
traffic signal to service as follows:
(1) Place the signals in the flashing mode of operation.
(2) Replace defective units.
(3) If direct replacement of defective units cannot be made
immediately, place the signals under control of an emergency
• replacement controller.
3�
Page 9 of 19
C. Flashing operation shall be considered as the "primary emergency
mode of operation at all intersections ". The plan shall specify
the color each phase will display during flashing operation. Red/
Yellow or all red may be used. •
d. The plan shall specify the timing of each interval of an emergency
replacement controller.
e. The "Contingency Plan" for an intersection may be changed at any
time to meet changing conditions following the procedure above.
f. Documentation of the engineering reasons for selecting a
particular plan for a specific location shall be kept on file in
the STATE and CITY Branches. The goal shall be to provide the
safest emergency mode of operation. The same plan may be applicable
for a large number of intersections.
Every effort shall be made to restore the operation of the
intersection to normal operation as soon as possible.
STANDARDS FOR DELEGATED ELECTRICAL MAINTENANCE
The level, of maintenance work to be performed on highway electrical
facilities is listed below. These levels become the "DEGREE OF
MAINTENANCE" specified or prescribed under Section D of this Agreement.
Damaged or malfunctioning electrical installations which seriously
affect public safety or capital investment should be promptly
repaired or temporary corrections made until permanent repairs •
can be scheduled.
Repair of inoperative or damaged electrical installations which
do not seriously affect public safety should be coordinated with
routine maintenance operations.
A routine surveillance of electrical facilities shall be made in
an effort to observe and correct potential deficiences before
serious problems develop.
To insure a minimum standard of operation, highway lighting, sign
illumination, and flashing beacons shall be routinely inspected
during hours of darkness.
Important illuminated signs, require prompt attention on
notification of a blackout or extensive burnout.
Signals
A detailed check for prcper operation, including inspection and
necessary replacement of auxiliary equipment such as relays,
contractors, etc., shall be made at intervals of approximately
30 (thirty) days.
Fixed -time electro- mechanical controllers shall be overhauled .
approximately once a year.
31
Page 10 of 19
Traffic - actuated, electro- mechanical controller units shall be
overhauled in the shop approximately once every year.
• Traffic signal lamps shall be group replaced on a planned schedule
based on rated lamp life.
All signal maintenance inspections or repairs shall be logged and
records maintained in the control cabinet.
Signal standards and control cabinets shall be maintained in a
presentable manner.
Flashing Beacons
Flashing beacons shall be routinely inspected for proper operation
approximately once every 6 (six) months.
Electro- mechanical flasher mechanisms shall be removed, cleaned
and adjusted and excessively worn parts replaced, approximately
once a year.
Flashing beacons shall be relamped on the same schedule as
outlined above for traffic signal lamps.
Highway Lighting and Sign Illumination
Luminaires and fixtures for illuminated signs shall be inspected
and cleaned in conjunction with scheduled relamping; more
• frequent cleaning should be performed when required.
Lamps shall be replaced on a planned schedule based on the rate
life of the lamps currently in use.
The STATE reserves the option to check at random all traffic
signals maintained by the CITY on STATE highways to assure conformance
to the electrical maintenance levels. Failure of the CITY to comply
to the electrical maintenance levels would be reason to terminate this
Agreement as specified under Section L, TERMS OF AGREEMENT.
9
Redelegation of traffic signal maintenance to third parties shall
be done only upon specific written approval of the District Director
Of Transportation. Such redelegated work shall be performed to the
same levels of service as spelled out herein and will be subject to
the same random checks as provided for work performed directly by
CITY forces. If the District Director of Transportation determines
the third party is failing to comply with the specified levels, the
CITY shall, within 30 days of notice, terminate the third party
agreement and resume mainterance by CITY forces or terminate this
Agreement as specified under Section L, TERMS OF AGREEMENT.
3�
Page 11 of 19
'09 - TRAFFIC SAFETY DEVICES PROGRAM
HM -44
Work performed under this program includes replacement of guide
•
posts or markers; and the repair, replacement, cleaning and /or
paintaing of guardrails. Also included are the repair of median
barrier cable, chain link fence, and Portland cement concrete walls;
the repair and maintenance of energy dissipators such as water -type
bumpers, sand traps or other devices installed for the purpose of
absorbing vehicle energy.
Energy dissipators (crash cushions) must be repaired within
48 hours after being hit. The CITY shall maintain sufficient inventory
of the necessary parts approved by the STATE needed to accomplish the
repairs within this time limit. Sand, used to fill certain types of
energy dissipators, shall meet STATE requirements.
"12 - LANDSCAPE PROGRAM
HM -25
This program refers to the treatment, maintenance and replacement
of all vegetative material planted within the landscaped STATE
highway right of way. Work includes watering, pruning, fertilizing,
plant replacement, weed control by hand and mechanical means, tree
trimming and /or removal, chipping and miscellaneous work such as pest
control and inhibitor spray. Repairs to the electric portion of
automatic controls is covered in this 12 - LANDSCAPE PROGRAM.
NOTE: There are several activities that are duplicated in the 05 -
VEGETATION CONTROL PROGRAM; for this reason, care should be
•
exercised when reporting, that the proper program is cited.
The STATE will only pay for the maintenance of landscaped areas,
ornamental plantings of trees installed by the STATE at STATE
expense or other areas specifically designated by the District
Director.
•13 - BRIDGE AND PUMP MAINTENANCE PROGRAM
HM -31
The Bridge and Pump Maintenance Program includes work performed
on all structures which provide for passage of highway traffic over,
through or under obstacles and /or qualify for bridge number as assigned
by the State Office of Structures.
Work under this program consists of structure repair, maintenance,
painting and cleaning, electro- mechanical equipment and sump pump
maintenance, repair or cleaning, and navigational light repair. Storm
inspection of sump pumps is also included in this program.
Bridges, as defined above, will be investigated by a representative
of the State's bridge engineering staff once each year and more often,
if considered necessary. In addition to such annual investigation,
routine maintenance to be performed under provisions of the Agreement
shall include monthly inspection of each bridge by qualified personnel
and immeiiate repair of the minor defects when the cost does not exceed
•
$500. The District Director shall be immediately notified of major
defects as are hereinafter defined.
-71
J,�
Page 12 of 19
Bridge repair work costing in excess of $500 on a single structure
shall be considered as being a major repair project. Except in the
•case of emergency, such major repair projects shall conform to the
methods and procedure to be recommended by the STATE. Major bridge
repair is not a routine maintenance operation and will require specific
authorization.
"15 - PERMITS
HM -47
This section provides for the processing and enforcement of
transportation permits by the CITY and preliminary engineering,
processing and inspection of encroachment permits by the CITY where
authorized to perform this work.
ENCROACHMENT PERMITS
When authority to issue Encroachment Permits is delegated to the
CITY by the District the authority shall pertain to all parts of the
highway throughout the particular length of streets indicated under
Sections I and S of this Agreement. Permits shall be issued on a
form provided by the STATE and the CITY will furnish copy of all
permits to the STATE. The CITY agrees that all permits issued by CITIES
shall be made out in conformance with STATE - authorized encroachment
policies and standards. STATE standards of design are to be used,
except in cases where CITY standards, covered by ordinance, are more
restrictive than STATE requirements, in which case CITY standards of
• design will be honored. All STATE policy questions should be referred
to the Caltrans District Permit Engineer.
Routine minor permits shall be handled by the CITY without STATE
prior approval. Routine minor permits consist of: awnings, marquees,
canopies, advertising signs, residence driveways, roof drains,
concrete sidewalks, temporary construction safety fences, installation
or repair of utility service connections behind curb line and
maintenance of existing pipeline within STATE right of way area.
Prior approval of the Caltrans District Permit Engineer shall be
secured before any permit is issued for major encroachments within
the highway right of way.
Major encroachments include, but are not limited to all other work
not included under routine permits such as:
1. Banners - Special Nonprofit Events
2. Bus Stops
3. Christmas Decorations Within Right of Way
4. Commercial Driveways
5. Curb and Gutter
• 6. Curb Zones - Parking Restrictions
`i, r,
Page 13 of 19
7.
Drainage from Private Property, other than Roof Inains
8.
Drainage Structures Extension, Replacements, etc.
•
9.
Electrolysis Test Stations or Anode Beds
10.
Fences
11.
Flashing Signs
12.
Landscaping - Planting, Maintenance, Removal
13.
Median openings
14.
Memorial Markers - Historical and Recreational Sites
15.
Motion Picture Photography Within Highway Right of Way
16.
Parades and Public Gatherings on Highway Right of Way
17.
School Signs, Safety Devices, and Crossings
18.
Seismograph Work Within Right of Way
19.
Street Connections
20.
Striping - Lanes, Crosswalks, Detours
21.
Traffic Signals, Flashing Beacons, and Street Lighting -
Installation, Modification
•
22.
Utility and Other Substructures - Except Service Connections
Back of Curb
23.
Utility Poles, Anchors, and Aerial Cable
24.
Work in Existing Manholes Requiring Closure of Traffic Lanes
Authority to issue encroachment permits for the following items is
not delegated to the CITY and the request for an encroachment permit
shall be submitted to the Caltrans District Permit Engineer.
1.
Any Work Within Limits of State Highway Contract
2.
Cooperative Agreement Projects
3.
County Flood Control Projects
4.
Prehistoric Artifacts - Excavation, Salvage, etc.
5.
Railroad Grade Crossings - Repairs, Construction
6.
Any Encroachment Requiring Additional or Revised Easements or
Other Right of Way Documents
•
Page 14 of 19
Qualified CITY personnel shall be assigned for the review,
construction and final acceptance of both MINOR and MAJOR encroachment
permits issued by the CITY.
The STATE will perform cursory inspection of all CITY written STATE
highway permits and the STATE assigned field engineer shall be notified
as required under the terms of all major encroachment permits:
Upon satisfactory completion of the work authorized under any CITY
administered STATE highway permit, the CITY must send a completion
notice to the STATE including As -Built plans. Where there is a
discrepancy between the permit plans and the As -Built plans and where
the encroachment is an underground utility it is of particular
importance to have this information to plot of the State's Utility Maps.
STATE will pay for the cost of inspection of encroachments as a part
of maintenance, only when the CITY complies with its usual policy with
respect to collecting costs from permittees in such cases as fees or
charges are made by the CITY for similar work on CITY streets. Any
amount so collected by the CITY with respect to any STATE highway shall
be credited against the charges made by the CITY for such work.
TRANSPORTATION PERMITS
Transportation permits will be required for all vehicles and their
loads which exceed the limitations specified under Division 15 of the
California Vehicle Code. Where authority to issue transportation
permits is delegated to the CITY such authority shall pertain only to
.travel that originates and terminates within their corporate limits
and it shall not apply to through haul transportation.
In issuing such permits, the CITY shall follow the policies and
regulations established by the STATE for the issuance of transportation
permits as set forth in the State's Maintenance Manual in effect at the
time such permits are issued, including, specifically, limitations
upon the crossing of structures. All STATE policy questions should be
referred to the Caltrans District Permit Engineer.
*16 - OPERATIONS PROGRAM
HM -46
This program includes electrical energy required to energize over-
head lights, signals and other electrical facilities.
GENERAL GUIDES:
Maintenance of warning and regulatory signs, traffic control
devices, and highway lighting facilities as hereinbefore referred shall
include upkeep and repair of thz supporrs, as well as such other items
which are an integral part of the installation.
Those facilities as defined under programs 06, 07, 08 and 09 above,
which are installed subsequent to the execution of this Agreement,
shall become subject to the terms and conditions of this Agreement
upon notice to the CITY from the STATE, of the completion of any such
installation.
�G�
Page 15 of
H. EXPENDITURE AUTHORIZATION:
The STATE will reimburse the CITY for actual cost of all routine
maintenance work performed by CITY as delegated under Section J of •
this Agreement, but it is agreed that during any fiscal year, the
maximum expenditure on any route shall not exceed the amount as shown
on Section I of this Agreement, unless such expenditure is revised by
an amended Agreement or otherwise adjusted or modified as hereinafter
provided for.
A new "ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES" sheet
(Section I) will be provided annually by the STATE for the ensuing
fiscal year if necessary to insure equitable annual cost.
The expenditure per route for routine maintenance work as referred
to above may be increased or decreased, redistributed between routes,
or additional expenditures for specific projects costing $5,000 or
less may be made when such adjustment of expenditures for routine
maintenance or such specific work is authorized in writing by the
District Director or his authorized representative. Expenditures for
specific projects costing in excess of the above amount may be made
when such specific work is authorized in writing by the District
Director with prior approval from the Chief, Office of Highway
Maintenance at Headquarters. Additional expenditures or adjustment
of expenditures thus authorized shall apply during the fiscal year
designated therein and shall not be deemed to permanently modify or
change the basic maximum expenditure per route as hereinafter specified.
An adjustment of the said maximum expenditure, either increase or
decrease, shall not affect other terms of the Agreement. •
LJ
37
I. ROUTE DESCRIPTION AND AUTHORIZED EXPENDITURES
' ROUTE LENGTH
NO. MILES DESCRIPTION OF ROUTING
0
•
30 7.63 Highland, Haven &
19th Aves
66 6.69 Foothill Blvd
Page 16 of 19
ANNUAL
MAXIMUM
EXPENDITURE
AUTHORIZED
$3300.00
3000.00
TOTAL AUTHORIZED EXPENDITURE $ 6300.00
i
Page 17 of 19
J. DELEGATION OF MAINTENANCE
The specific maintenance activity indicated below is hereby •
delegated to the CITY. ,This delegation of maintenance activity set
forth herein does not include areas and functions of which the control
and maintenance rest with the local authority under the terms of
Freeway Agreements and /or Freeway Maintenance Agreements.
Maintenance Management Program No. (01 -ETC)
Caltrans Accounting Code (53X)
Maintenance Function
ROUTE p
ROUTE 66
ROUTE
H
Y
H
>
Y
yHy
K
M
K
[y7
K
[y1
531 - 01
Flex. & Rigid Rd. Maint. Prg.
Specific Activit :
X
X
533 - 03 Roadside Maintenance
Specific Activit
1
X
(1)
X
(1)
534 - 04 Roadside Litter : Debris
S ecific Activit
X
X
535 - 05 Vegetation Control
Specific Acitivt :
X
X
536 - 06 Pavement Delineation
is Activity:
X
X
MMC - 07 Signs
Sific Acti
X
X
53pec8 - OB Electviit
cal
Specific Activity:
X
X
539 - 09 Traffic Sa ety Devices
S ecific Activit
X
X
542 - 12 Landscapi ng
Specific Activit
X
X
543 - 13 Bridges & Pump Maint.
Specific Activit
X
X
545 - 15 Permits
Specific Activit
X
X
#-
546 - 16 Electrical Energy
Specific Activity:
X
X
Footnotes: (1) CITY will maintain sidewalks and shall be responsible
for any costs therein.
•
J7
Page 18 of 19
K. SUBMISSION OF BILLS:
The CITY shall submit bills monthly or the CITY may submit bills
monthly except that no bill for less than $100 shall be submitted more
than once each quarter. Bill must be submitted promptly close of
corresponding billing period and should be coded according to the
Caltrans program or budgetary code as outlined in this Agreement.
Equipment shall be charged at mutually acceptable rental rates and
labor and material at actual cost. The CITY will be allowed to recover
overhead and administrative costs only to the extent that such charges
include applicable expenses incurred by the CITY in the execution of
the work. Said factors and method shall be subject to approval of the
State.
Maintenance services provided by contract or on a unit -rate basis
with overhead costs included shall not have these above - mentioned
charges added again. An actual handling charge for processing this
type of bill will be allowed the CITY. Bills submitted to the CITY
for work performed by this Agreement will also include overhead and
administrative costs in accordance with the State Administrative Manual.
Emergency and storm repairs performed by the CITY would be paid for
only with prior approval of the State's Highway Superintendent of that
specific area. In addition the CITY should immediately notify the
State's Highway Superintendent for the area of any storm damage or
other emergency condition affecting the STATE highway. The CITY shall
maintain, on a generally accepted accounting basis complete, and
• accurate records that support all billings. These records shall be
made available to STATE representatives for review during normal
business hours for a period of three (3) years after payment of said
billings.
•
L. TERMS OF AGREEMENT:
This Agreement shall become effective Sept. 1, 1980
and shall remain in full force and effect unti amended or termanted.
The Agreement as above may be amended or terminated at any time
upon mutual consent of the parties thereto. This Agreement may also
be terminated by either party upon thirty (30) days notice to the
other party.
46
Page 19 of 19
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
Approved as to form and
procedure:
Attorney
Department of Transportation
City Attorney
By
• May be deleted if not applicable.
�J
CITY OF RANCHO CUCAMONGA
By
Mayor
City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ADRIANA GIANTURCO
Director of Transportation
•
By
District Director
Date
** Approval by State's Attorney is not required unless changes are made to
this form, in which case the draft will be submitted for Headquarters'
review and approval by State's Attorney as to form and procedure.
•
41
• RESOLUTION NO. 80- 79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
AMENDMENT BY CITY OFFICIALS OF SECTION I AND J
OF AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
WITHIN THE CITY OF RANCHO CUCAMONGA.
WHEREAS, the City of Rancho Cucamonga and the Department of Transportation
of the State of California have herefore entered into an Agreement dated
_ providing for maintenance of State highways within said City: and
WHEREAS, it is provided in Section B of said Agreement that Sections I and
J thereof may be modified with the consent of the parties acting by and through
their authorized representatives; and
WHEREAS, the City Council of the City of Rancho Cucamonga finds it convenient
to authorize representatives to enter into amendments of Sections I and J of said
Agreement from time to time on behalf of said City.
NOW, THEREFORE, be it resolved by the City Council of the City of Rancho
Cucamonga that and is hereby authorized to approve
amendment of said Agreement as to:
• (a) The State highway routes affected by said Agreement and the
lengths descriptions and maximum expenditures thereof, all
as set out in Section I of said Agreement; and
(b) The delegation and apportionment between said City and the
State of maintenance to be performed upon said routes, all
as set out in Section J of said Agreement;
and that they, or individually, are hereby authorized to execute any such
amendment of said Agreement and to sign such amendment of said Agreement on behalf
of the City of Rancho Cucamonga.
PASSED, APPROVED, and ADOPTED this 20th day of August, 1980.
ATTEST:
Lauren M. Wasserman, City Clerk
9
Phillip D. ch osser, Mayor
4
RESOLUTION NO. 80 -80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY IN
THE CITY OF RANCHO CUCAMONGA.
WHEREAS, the State of California, through it's Department of Transportation
has presented an Agreement for maintenance of the State highway in the City of
Rancho Cucamonga effective as of September 1, 1980 and to remain in effect until
amended or terminated,; and
WHEREAS, the City Council has read said Agreement in full and is familiar
with the contents thereof:
NOW, THEREFORE, be it resolved by the City Council of the City of RAncho
Cucamonga that said Agreement for Maintennce of the State highway in the City
is hereby approved and the Mayor and the City Clerk are directed to sign
the same on healf of said City.
PASSED, APPROVED, and ADOPTED this 20th day of August, 1980.
•
ATTEST:
Lauren M. Wasserman, City Clerk
•
q3
Phillip D. Schlosser, Mayor
0
•
0
QTY OF RAWHO CLUAWNGA
STAFF REPORT
DATE: August 20, 1980
1977
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
BY: Paul A. Rougeau, Sr. Civil Engineer
SUBJECT: Approval of Revision of Rates for Traffic Signal
Maintenance
The contract with Signal Maintenance Inc. for regular maintenance
and repair of the City's ten traffic signals is subject to rate
adjustment yearly, based on the Los Angeles area Consumer Price
Index.
The contractor has requested a 10& increase in regular service
rates for the coming year. The L.A.C.P.U. shows increases of
over 10% for "All Items" and particularly for service categories.
The request also includes a 128 increase for extraordinary work
(damage repair, etc.) L.A.C.P.U. data and the new rates are
attached for your information.
RECOMMENDATION:
It is recommended that the Council approve the requested 10 & 12
percent rate increases for Fiscal Year 1980 -1981 for Signal
Maintenance Inc.
Respectfully submitted,
LBH:PAR:jaa
Attachments
7 T
SIGNAL MAINTENANCE INC.
MAIN OFFICE:
2120 E. REGAL PARK DR., ANAHEIM, CA 92808 4 (714) 830J900
• REGIONAL OFFICES:
3395 VISO CT., SANTA CLARA, CA 95000 • (408) 988 -5541
9530 DOWDY DR., SAN DIEGO, CA 921N 41714157 &7981
July 21, 1980
CITY OF RANChO CUCAIMIONGA
CDhidfUfilTY DEVEEOKIENT DEPT.
J U 9. ^, 1'481
AM P.M
Mr. Lloyd B. Hubbs, I; (oi9i1111!,1?(1(2i3ia(J76
City Engineer A
City of Rancho Cucamonga
P. o. Box 793
Rancho Cucamonga, Ca. 91730
Re: Traffic Signal Maintenance Agreement
Dear Mr. Hubbs:
Please refer to Paragraph Eighth (c) of our Agreement
wherein annual rate adjustments are provided for. In
view of the continuing high rate of inflation, I must
again ask to exercise that provision.
• Enclosed for your convenience is a copy of the Consumer Price
Index Report which indicates an increase of 18.18 for the
twelve (12) month period ending May, 1980. I do not seek
the full amount of that increase, however, I do ask con-
sideration for a ten percent (108) adjustment to become
effective on August 1, 1980. Applied to the current rate
of $52.91,this adjustment is in the amount of $5.29 per
month per intersection.
Also, enclosed is a revised copy of the labor and equipment
schedules for extraordinary maintenance which reflects
a twelve percent (128) increase and is consistant with
the rates for all contract customers.
Please advise at your convenience if these adjustments
are not acceptable. Thank you.
Very truly yours,
William C. Sondergard
WCS:rms /
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January 1, 1980
ADJUSTED LABOR SCHEDULE
SCHEDULE A
•
STRAIGHT OVERTIME
TIME RATE
OPERATIONS SUPERINTENDENT
$23.76/Hr. $35.64/Hr.
All repair work, both field and lab, subject
to his approval and direction. Available for
advice and opinion as covered by specifications
(plan, job inspection, etc.).
ENGINEERING TECHNICIAN
$20.78 /Hr. $31.17 /Hr.
Provides liaison, assists Traffic Engineer
on systems and provides technical data.
LEAD MAN
$18.82 /Hr. $28.23/Hr.
Primary responsibility to guide and assist
field technicians and signalmen in the
designated section area.
TRAFFIC SIGNAL TECHNICIAN - FIELD
$18.31 11ir. $27.47/Hr.
•Primary duties are to field troubleshoot and
repair field wiring, cabinet wiring,
controllers, and perform routine duties of
preventative maintenance.
TRAFFIC SIGNAL TECHNICIAN - LAB
$18.44/Hr. $27.66/Hr.
Performs complete repair and maintenance of all
controllers, detectors and associated devices
which are brought from the field for repairs.
*TRAFFIC SIGNALMAN
$18.31 /Hr. $27.47/Hr.
Primary duties are as directed by lead man in
assisting field technicians and accomplishing
preventative maintenance procedures as
directed. Traffic signalman assists field
technicians as demand is made and assists with
knockdowns and associated repairs.
TRAFFIC SIGNALMAN - APPRENTICE
$17.07 /Hr. $25.61/Hr.
Primary functions are to assist and receive
training from traffic signalman.
TRAFFIC SIGNAL LABORER
•
$15.84 /Hr. $23.76/Hr.
Primary duties are to assist the signalman
and crew in knockdown repairs and field
modifications as directed.
R
I
ADJUSTED LABOR SCHEDULE -2- SCHEDULE A
*Most of the work performed under extraordinary maintenance will be, as
has been in the past, performed at traffic signalman rate and /or traffic
signalman apprentice.,
(These rates for contract customers only.)
NOTE: Straight time rate applies for the hours between 8:00 A.M.
to 4:30 P.M. Monday through Thursday, and from 8:00 A.M. to
12:00 Noon Friday.
111`7
lJ
r1
U
January 1, 1980
EQUIPMENT SCHEDULE
PERSONNEL VEHICLE
PICKUP TRUCK
SERVICE TRUCK
SERVICE /LADDER TRUCK
BOOM /LADDER TRUCK
PAINT RIG TRUCK
TELSTA TRUCK
(Hydraulic Type - Man Lift)
AIR COMPRESSOR
WATER TRUCK
BIG CONCRETE SAW
SCHEDULE B
$ 8.62 Job /Trip
$ 8.62 Job /Trip
$ 8.62 Job /Trip
$ 8.62 Job /Trip
$61.00 Day Rate
$61.00 Job /Trip
$61.00 Job /Trip
$95.00 Day Rate
$39.00 Job /Trip
$39.00 Job /Trip
ANY EQUIPMENT ITEMS USED, BUT NOT ON THE ABOVE LIST,
WILL BE AT THE LOCAL PREVAILING RATE SCHEDULE.
7
0
STAFF REPORT
DATE: August 20, 1980
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Acceptance of Parcel Map No. 5639
The attached resolution is for the final approval of Parcel Map
No. 5639. The subdivision was submitted by David Weibe and
approved by the City on March 22, 1979. It is a 4 lot split of
5 acres on Etiwanda Avenue 500 feet north of State Route 15.
The subdivider has complied with all the conditions of approval
established at the tentative stage.
RECOMMENDATION:
It is recommended that Council approve the attached resolution
allowing the City Clerk to sign the map and the City Engineer
to forward the map to the County Recorder for filing.
Respectfully submitted,
LBH:JLM:jaa
Attachments
50
• RESOLUTION NO. 80 -69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5639
(TENTATIVE PARCEL MAP NO. 5639).
WHEREAS, tentative parcel map number 5639, submitted by
David Weibe and consisting of 4 parcels, located on the eastside
of Etiwanda Avenue at Candlewood Street being a division of Lot
12 Block R of Etiwanda Colony Lands was approved by the City
Engineeer of the City of Rancho Cucamonga; and,
WHEREAS, Parcel Map Number 5639 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 prerequi-
site 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
No. 5639 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;
n
J
ATTEST:
Lauren M. Wasserman, City Clerk
Phillip D. Schlosser, Mayor
-77, 7
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•
7
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: August 20, 1980
TO: City Council and City Manager
FROM: Lloyd B. Hubbs, City Engineer
SUBJECT: Acceptance of Maintenance Bond for Tract No. 9440
and Tract No. 9434
The subject maintenance bond is to guarantee that the developer
will be responsible for any defects in the construction of the
improvements of Tract No. 9440 and Tract No. 9434.
These bonds are considered as being sufficient for such guaran-
tee by the Engineering Division,
RECOMMENDATION:
It is recommended that Council accept the maintenance bond for
Tract No. 9440 and Tract No. 9434.
Respectfully submitted,
u
LBH:JLM:jaa
Attachments
S3
hid: ^AS, the City Council of tee City of Bancho Cucamonga,
State of California, and • -Imp LJAP :q LrE CO /CRI SI•Iq!?
• (hergi naf ter designated as princi al,,) have entered into an
agreement whereby principal agrees to install and complete cer-
tain designated public improver „er.ts, which said agreement,
dat' =d march 19 1979
project _TRACT 9434 (hlarntenanca ena�a otoT, and identified as
is hereby reserree to and made a part hereof; and,
Si2.Sr -As, said principal is required under the terms of said
agreement to furnish a bond for the faithful performance of said
agreement.
NON, THEE- Ero ?�-, we the principal and
CO'.?pA COVENANT MUTUAL INSURANCE
lJY _ as surer
firm) Bound u..to the City o: Y. are held and
"City "), in the penal sums of SIR THOUSAND FOURgHUNDRED (hereinafter called
- - ------------- -- Dollars ( 6 400.00
nay o -` she United States, for th =_ p a ment of which ) lawful
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 princip -1, his or its heirs, executors,
administrators,
successors or assigns, shall in all things stand to and abide
•
by, and %ell an? truly I;eep and perform the covenants, condi-
*_ions and proviscons in the said agreement and any alteration
thereof made as therein provided, or. his or their part, to be
kept and Perfor-ed at the time and in the manner therein spec-
ified,
and in all respects according to their true intent and
r.eaning, and si:a L1 indemnify and save harmless City, its officers,
au':nts and as therein stipulated, then this obligation
shall bec=e n _ and void; otherwise, it shall be and remain in
full force and e_fect.
As a part of the obligation secured hereby and in addition
to the face ar..ount specified therefor, there shall be included
costs anti reasonable expenses and fees, including reasonable at-
torney's fees, incurred by City in successfully enforcing such
obligation, all to be taxed as coats and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, ex-
tension of time, alter ;Lion 0-1 'addition to the terms of. the
agreement or to tiie work to be serf thereunder or the spec-
ifications acco- .owning the sane shall in any<'rise affect its
obligations on this bond, and it dons hereby waive notice of any
such cofn,o, er.tansion of time, alteration or addition to the
terms of the agreement or to the oror ?c or to the specifications.
• It7 l'!i': a::SS 6: E! =2Ep ?, this instrur.ent has be duly executed
by the principal and surety above n,.:aed, on
10
6EVEL' / CH Ail RbiCiT
-( Y: CRIIIIAR O
Op ;EN� RATION
nv.
the City Council of the City of Rancho Cucamonga, .
Sc_te o: California, and PR1a"r? —EOPlIENT CORPORATIO`1
(lamina =ter designated as "princioa l ") have entereu into an
acree -era .:hereby principal agrees to install and complete cer-
tain des_g.na ted public improvements, which said agreement,
nr -n;rq , 1979 , and identified as
Project _TRACTJ4a0 Maintenance Guarartee)
is nerec_: r_z_rred to and matte a cart hereof; and,
...- .n.. =_ said principal is required under the terms of said
-- ..c_.. to furnish a bond for t:,e faithful performance of said
NO:C, Sn 0.-'E, we the principal and .CnyrrJa NT kiITNAI 1NSIULKEL
rrvp Yl`J , as surety, are held and
—;iy bca -:d unto tl^e City of Rancho Cucamonga (hereinafter called
_n the penal sum o_ HUNDRED
` SIX THCWSAND FOUR 02.48 TWO
_____-----_State_ -____ collars (So;402wh _)IaWful
and
.. ... o= - .,, tin -i ted States, for t^:e payment of which sum will and
truly to ha'made, we bind ourselves, our heirs, successors, execu-
tors and_d- ..i: ^.istracors, jointly and severally, firzily by these
_sents.
.e cc.. diti
C. ^. Of this obli5a-_ion is such that if the above
Co'un ^ad Cr_ ^�1�_
-., his or its heirs, executors, adrinistrators,
- „ess�rs or z--`ens, shall in all things stand to and abide •
by, and - :eln a
truly keep and _perform the covenants, condi-
^
ticcs pro';: z;.cas
in the said agreement and any alteration
tin cep` -=_ _r
.: =rein provided, on his or their part, to be
k:'P t any r_-_ _s-
'. at the time ar.9 in the r..anner therein spec -
ified, and' i-
respects according to their true intent and
reaping, l _ - -:._
indemnify and save harmless its officers,
,
a-=nts anal cmp:r•:ees,
as therein stipulate-, then this obligation
sha'_' =___r_ n`-".I-
_ and void; otherwise, it shall be and remain in
fail fcr�- -.._. ,._ct
As z =.t of the obligation secured hereby and in addition
to t.... ^ --_e amc_nt specified therefor, there shall be included
costs an4- r =aspnable e>:penses and fees, including reasonable _m at-
torney's :_ , incurred by City in successfully enforcing such
obligat_; --n �, all to be taxed as costs and included in any judgment
rendered,
She _uraty hereby stipulates and agrees that no change, ex-
tensicn o` tire, alteration or addition to the terms of. the
acrce- :ant cr to the work to be performed thereunder or the spec -
ificatior.a accompanying the sante sna1.1 in anywise affect its
cbr.icatip r.� on this bond, and it does hereby waive notice of any
such chan7_, extension of timo, alteration or addition to the
to ^.s of the agrcement or to the e:orl: or to the specifications. .
11; ESS F;H F: P�'O[', this instrur,ent has been duly executed
b� 'he oc'_..aipal and surety above named, on July 29
-CRISiIAP. DEVELOPMENT CORPORATION
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 1: 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.
9
SECTION 4: Penalty for Non- Payment. A penalty shall be
determined by Resolution of the City Council from time to time establishing
a change 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
sectio , a vacancy shall be deemed to commence on the first (1st) day of
the4'k. following the actual beginning of the vacancy, and _t vacancy
shall be deemed to terminate on the first (lst) day of the 6" during
which the residential unit or commercial establishment is occupied or
re- occupied.
SECTION 6: Refuse Defined. "Refuse" shall mean and
include garbage, combustible rubbish and noncombustible rubbish.
56
Ordinance No. 117
Page 2
(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 meat, 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 he considered a commercial unit for the purposes
of assigning charges for special collection purposes.
SECTION 8: Receptacles 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 be 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.
(b) Grass clippings, leaves and ocher 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
57
Ordinance No. 117
Page 3
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 Receptacles. Refuse receptacles
required by 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: Receptacles: 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.
(c) 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.
MID]
Ordinance No. 117
Page 4
(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 for 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 Frequency. All refuse generated by
residential units shall be collected a minimum of once a week.
SECTION 18: 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.
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
injury to a human being,
59
•
•
•
Ordinance No. 117
Page 5
(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 body 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 enter 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 Reuse. 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: Refuse Truck Regulations. Any person or company
holding a refuse contract with the City shall provide an adequate number
of vehicles and equipment expressly and especially designed for the
containment, collection and transportation of refuse. Said trucks shall
be equipped so as to prevent the spilling or dropping of any refuse or
liquid therefrom. Said trucks, when not in use, if kept within the
boundaries of the City, shall be kept only upon private property in a
zone which allows the parking of trucks. No refuse truck shall he
parked overnight in the City while partially or fully loaded with refuse,
unless due to breakdown or emergency, without permission of the City
Manager.
46
Ordinance No. 117
Page 6
SECTION 24: Deposit of Waste Prohibited. It shall be
unlawful for any person 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 Citv
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 Citv 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 bath 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.
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 •
Ica t once in The Daiu Report, a newspaper of general circulation,
published in the City of Ontario, California, and circulated in the
City of Rancho Cucamonga, California.
(0/
Ordinance No. 117
Page 7
PASSED, APPROVED, and ADOPTED this day of , 1980.
• AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
•
4
N
Phillip D. Schlosser, Mayor
0
FRANCHISE AGREEMENT
FOR
REFUSE DISPOSAL - NORTHERN SECTION OF RANCHO CUCAMONGA
THIS AGREEMENT, made and entered into this 21st day of August,
1980, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a
municipal corporation, hereinafter referred to as "City ", and YUKON
DISPOSAL, a California corporation, hereinafter referred to as
"Contractor ", provides as follows:
W I T N E S S E T H:
WHEREAS, heretofore City has duly adopted an ordinance concerning
the collection, removal and disposal of refuse within the City of
Rancho Cucamonga; and
WHEREAS, said ordinance authorizes the City Council of City to
contract with any person, firm or corporation for the collection,
removal and disposal of such refuse from within the City of Rancho
Cucamonga.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
GENERAL PROVISIONS
• SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All
provisions of the City of Rancho Cucamonga Ordinance No. , as the same
now exists or as it may hereafter be amended, and all provisions of
any other ordinance of the City which may hereafter be enacted and
which in any way deals with the subject of disposal of refuse from
residential units in the City, hereinafter collectively referred to as
the "refuse ordinance ", are hereby incorporated by reference and made
a part of this agreement as if the same were set forth herein in full.
u
SECTION 2. DEFINITIONS. For the purpose of this Contract, the
following words and phrases are defined and shall be construed as
follows, unless it shall be apparent from the context that a different
meaning is intended:
A. "NORTHERN SECTION" shall mean that portion of the City
north of the street of Base Line.
B. "DISPOSE." and "DISPOSAL" shall mean the complete operation
of collecting, treating, transportion and disposing of accumulations
of refuse and the products or residue arising from any treatment.
C. "EXCLUDED MATERIALS" shall mean those wastes and other
materials not included in the refuse ordinance definitions of refuse,
garbage, combustible rubbish and non - combustible rubbish.
63
Franchise Agreement (Northern)
Page 2
SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply
with all laws, ordinances, rules and regulations of the State, County,
City and all political subdivisions thereof having jurisdiction over
work done or to be done under this Contract; the Contractor must
conform to and abide by all ordinances of City and of the County and
of cities through which refuse collected may be hauled or wherein such
refuse may be disposed of.
This Contract, all terms, provisions, conditions and specifica-
tions hereof, and all duties and obligations imposed hereunder upon
the Contractor, his agents, employees and assigns and all of the
rights and privileges of the Contractor hereunder, shall be subject to
and conditioned on the provisions of such statutes, ordinances, rules
and regulations as the City Council may, from time to time, adopt or
make with respect to collection, removal or disposal of refuse, with
due regard to the financial impact and mutual interest of the
Contractor or the City.
SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY.
Contractor shall indemnify and hold harmless City from and against any
and all claims arising from the conduct of Contractor's business or
from any activity, work or thing done, permitted or suffered by
Contractor in the performance of this Agreement, and shall further
indemnify and hold harmless City from and against any and all claims
arising from any breach or default in the performance of any obliga-
tions on Contractor's part to be performed under the terms of this
Contract or arising from any negligence of the Contractor or any of
Contractor's agents, officers, contractors, or employees, and from and •
against all costs, attorneys' fees, expenses and liabilities incurred
in the defense of any such claim or any action or proceeding brought
thereon; and in case any action or proceeding be brought against City
by reason of any such claim, Contractor upon notice from City shall
defend the same at Contractor's expense by counsel satisfactory to
City or City may defend the same and require payment of attorneys'
fees in advance from Contractor_
SECTION 5. DEFAULTS; REMEDIES.
A. DEFAULTS. In addition to anything set forth speci-
fically herein and referred to as a material default, the occurrence
of any one or more of the following events shall constitute a material
default and breach of this Agreement by Contractor:
(1) the failure by Contractor to observe or perform any
of the covenants, conditions or provisions of this Contract to be
observed or performed by Contractor, where such failure shall continue
for a period of thirty (30) days after written notice thereof from
City to Contractor;
(2) the failure of Contractor to perform all work
required of the Contractor hereunder, in a good, thorough and work-
manlike manner;
n
LJ
6 f
Franchise Agreement i)
Page 3
(3) the filing by or against Contractor of a petition
to have Contractor adjudged a bankrupt or a petition for reorganiza-
tion or arrangement under any laws relating to bankruptcy; the making
by Contractor of any general assignment, or general arrangement for
the benefit of creditors.
Failure to comply with any of the terms, provisions or
conditions of this Contract by Contractor by reason of major disaster,
epidemic or other great emergency shall not constitute a breach of
contract.
B. REMEDIES. In the event of any such material default or
breach by Contractor, City may at any time thereafter, upon giving
Contractor written notice as herein provided, and without limiting
City in the exercise of any other right or remedy which City may have
by reason of such default or breach:
(1) terminate this Agreement and all of Contractor's
rights hereunder. In the event of such termination Contractor shall
pay over to City, for the benefit of the occupants of residential
units of the Southern Section, all refuse fees which have been
collected but have not yet been earned by Contractor, such fees to be
prorated to the date of termination, on the basis of a thirty (30) day
month.
(2) pursue any other remedy now or hereafter available
to City under the laws or judicial decisions of the State of California.
• (3) cure the default of Contractor itself; provided
that if City, by reason of Contractor's default, pays any sum or does
any act that requires the payment of any sum, the sum paid by City
shall be immediately due from Contractor to City and shall bear
interest at the rate of twelve percent (12 %) per annum from the date
the sum is paid by City until City is reimbursed by Contractor.
ARTICLE II
TERM AND AREA OF AGREEMENT
SECTION 6. TERM OF CONTRACT. The term of this Contract shall be
for a period of five (5) years commencing on the 1st day of September,
1980. The Contract shall automatically be renewed at the end of each
year for an additional. one year period unless a Notice of Non - Renewal
is given as provided below.
If either the Contractor or the City desires not to renew the
Contract, a notice shall be served upon the other party. Unless said
notice is served within thirty (30) days prior to the renewal date,
the Contract shall be renewed for an additional period.. - .
If notice of Non - Renewal is served as hereinabove provided, the
existing contract shall remain in full force and effect for the
balance of the period remaininq on the original term or the last
renewal of the Contract, as the case may be.
(05
Franchise Agreement (Northern)
Page 4
ARTICLE III
GENERAL SCOPE OF CONTRACTOR'S •
DUTIES AND SERVICES
SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have
the sole and exclusive duty to dispose of all refuse set out for
collection from all residential units within the Southern Section, and
Contractor shall furnish all labor, materials and equipment necessary
for the performance of such work, provided, however, that the Contractor
shall not be required to collect any uncontainerized scattered rubbish
or garbage unless such garbage has been thoroughly drained, wrapped
and containerized. Except as otherwise provided herein, Contractor
shall not be required to dispose of excluded items. All of the work
required of the Contractor hereunder shall be done in a good, thorough
and workmanlike manner.
SECTION 6. DISPOSAL. All refuse collected by Contractor shall
become the property of Contractor immediately upon the collection
thereof, and shall be forthwith removed and transported by Contractor
to a lawful place of disposal, which shall be provided, arranged for
or furnished by Contractor. Contractor, at its own expense shall pay
all costs and charges in connection with said disposal.
SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or
dropped by Contractor from any vehicle transporting the same or otherwise,
or if any vehicle operated by the Contractor shall discharge any •
fluid, either upon public or private property, it shall immediately be
cleaned up and removed by Contractor at the expense of Contractor.
SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not
assign this Agreement or any part thereof, or any right or privilege
connected therewith, without first obtaining City's written consent.
One consent by City shall not be consent to a subsequent assignment.
Contractor's interest in this Agreement is not assignable by operation
of law, nor is any assignment of its interest herein, without City's
written consent. The transfer, either voluntarily or involuntarily,
of all or substantially all of the assets of Contractor, the transfer,
either voluntarily or involuntarily, of a majority of the voting (or
common) stock of Contractor; the merger or dissolution of Contractor
shall be deemed an assignment of the Agreement for the purposes of
this Agreement.
Any assignment of this Agreement, or any part hereof, or any
riqht or privilege connected herewith, without the written consent of
City first had and obtained shall constitute a material breach of this
Aqreement.
SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise
required by state Law, it is agreed by and between the parties hereto
that it is the intention of the parties hereby the terms of this
Contract to constitute Contractor the sole and exclusive person,
•
(rle
Franchise Agreement (Northern)
Page 5
firm or corporation authorized or permitted to collect, remove and
•dispose of garbage, rubbish, waste and other refuse matter from all
residential premises within the Southern Section during the term of
this Contract. Contractor hereby releases any and all rights given it
under state law to continue collecting refuse from any residential
premises elsewhere in the City.
City shall protect Contractor's rights to an exclusive contract
by proper ordinances, and by reasonable enforcement thereof.
SECTION 13. FREQUENCY OF COLLECTION. The Contractor shall
collect from each residential unit a minimum of once each week, but
can provide additional collection service at additional charge
whenever such service is necessary to prevent excessive accumulation
of refuse.
SECTION 14. COLLECTION- EMERGENCY VEHICLE. Contractor agrees to
have available between the hours of 8:00 a.m. and 3:00 p.m. an
emergency vehicle and other necessary equipment to take care of any
complaints or emergencies which require immediate attention.
SECTION 15. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to
furnish without additional or special charge trucks, labor and all
other necessary equipment and personnel to participate in an annual
City Clean -Up Campaign for one week at such time as is designated by
City. Collections during the Annual Clean -Up Campaign will be made at
locations designated by the City, provided, however, that the number
•of locations shall not exceed five (5). In addition to collecting
refuse as defined in the refuse ordinance, Contractor shall also
transport furniture, large household appliances, automobile parts,
scrap lumber, and other like items.
SECTION 16. RECORD OF NON - COLLECTION. When refuse deposited for
collection is not collected by the Contractor for sufficient reason,
he shall leave a red tag provided at his cost at least 2 -7/8" x 5 -3/4"
in size, on which he has indicated the reasons for his refusal of the
garbage or rubbish, giving reference to the section of the City
ordinance or to the section of City or Contractor's Rule which has
been violated, and which gives grounds for his refusal. This infor-
mation shall either be in writing or by means of a check system.
SECTION 17. ENTERING PRIVATE PROPERTY. The Contractor shall in
no event be under any obligation to-enter private courts or places or
other private property to make collections under this Contract.
However, if by invitation of the owner or occupant and agreed by the
Contractor, Contractor shall assume that the pavement and entry way is
of sufficient strength and safety to support his vehicle without
damage either to the premises or Contractor's equipment or men,
Contractor shall have the right to enter such premises.
SFCTTON 18. CARE OF CONTAINFRS. The Contractor, his agents
and /or hi _ emoloyees shall not throw garbage or rubbish containers
S from the truck to the pavement or in any other way use excessive
i
67
Franchise Agreement (Northern)
Page 6
roughness in handling the ware, but shall use prudent care. However,
notwithstanding the customer shall be responsible for the repair and
replacement of his own containers. •
ARTICLE IV
CHARGES FOR COLLECTION
SECTION 19. CHARGES. It is recognized by the parties hereto
that the fees set forth in the Agreement is based on the Contractor's
current costs and said costs may fluctuate over the term of this
contract. It is therefore agreed that the City will re- examine the
contract on an annual basis in order to adjust the fees in accordance
with the formula provided in the Resolution covering the establishment
of fees on an annual basis and make adjustments, if any be required,
on the anniversary of the contract.
SECTION 20. EXCLUDED MATERIAL PICK -UP. Contractor may contract
with owners, residents and proprietors of residential property in the
Contract Area to collect and dispose of excluded materials on such
terms as may be mutually agreeable to Contractor and the customer
concerned.
SECTION 21. FRANCHISE FEE. Contractor shall pay to City, as
hereinafter provided, as a franchise fee and as consideration for
entering into this Agreement, the following:
A. A sum of money equal to five percent (58) of the gross •
receipts of Contractor. The term "gross receipts" as used herein
shall be the total amount in dollars of all sums collected by
Contractor from occupants or owners of residential units in the
Northern Section for the performance of disposal services required or
authorized by this Agreement.
B. On or before the thirtieth (30th) day of each month
Contractor shall pay over to City the City's percentage share of the
gross receipts of Contractor collected during the previous calendar
month.
C. On or before the 30th day of each calendar month,
Contractor shall prepare and deliver to City a monthly statement of
gross receipts of the Contractor during the previous calendar month,
certified by an authorized officer of Contractor. In the event City
is not satisfied with any such statement submitted by Contractor, City
shall have the right to make a special audit, by auditors selected by
City, of the books and records of Contractor. If such audit shows a
deficiency for the period covered, the amount thereof shall be paid
promptly by Contractor; if such audit shall show an overpayment, the
excess shall be applied on any amounts then due to City by Contractor,
and the balance, if any, refunded promptly to Contractor. If any such
statement is found to be incorrect to an extent of more than three
percent (33,) over the figures submitted by Contractor, Contractor
shall pay for such special audit, and if such special audit verifies
Contract)r's statement to be correct or not to vary more than three
percent (31) over the figures submitted by Contractor, the expense of
such audit shall be Lorne by City.
Franchise Agreement (Northern)
Page 7
D. During the term of this Agreement, and for a period of
four (4) years thereafter, Contractor shall keep and maintain full,
• complete and proper books, records and accounts of all gross receipts.
SECTION 22. BONDS. The Contractor shall procure and maintain
and keep on file with City Clerk during the term of the contract,
the following valid and unexpired bonds, in a form approved by the
City Attorney, executed by Contractor as principal, and by the
corporate surety complying with each and all of the provisions of
Section 1056 of the Code of Civil Procedure of the State of California,
as surety. Each bond shall provide that it shall not be cancelled by
the insurance carried unless thirty (30) days' prior to notice of such
intention to cancel shall first have been served upon the City Clerk
of City. Each such bond shall further provide that it shall not be
void upon the first recovery, but that same may be sued on and
recovered from time to time until the whole penalty is exhausted.
A. A Faithful Performance Bond, in the principal sum of
$15,000 to guarantee the faithful performance of the Contract during
the term hereof.
SECTION 23. COMPENSATION INSURANCE. The Contractor shall,
during the life of this contract, keep fully insured, at his own
expense, all persons employed by him in connection with the Contract,
as required by the "Workmen's Compensation Insurance and Safety Act"
of the State of California, and shall not hold the City responsible
for any liability that may arise by reason of the injuries to any
.employees of the Contractor who are injured while performing any work
or labor necessary to carry out the provisions of this Contract.
The Contractor shall, at all times, keep on file with the City
Clerk evidence that the Contractor is fully and properly insured, as
required by the Act.
SECTION 24. RECORDS OF OPERATION. Contractor shall keep and
preserve, during the term of this Agreement, full, complete and true
records of his operations, including, but not limited to, cost figures
relating to personnel, equipment and administrative overhead incurred
in collecting and disposing of the garbage and trash from all resi-
dences and premises within the City. Contractor shall engage a
certified public accountant to prepare same and make available for
City Administrators' review but such records shall remain confidential.
SECTION 25. NOTICES. Any notice that may be given to Contractor
under or with respect to this Contract shall be deemed to have been
given when personally delivered or when sent to Contractor by
registered or certified mail, return receipt requested, postage paid,
addressed to Contractor at 8036 Archibald Avenue, Rancho Cucamonga,
California, 91730. Any notice that may be aiven to City under or with
respect to this Contract shall be deemed to have been given when
personally delivered to the City Clerk of City or when sent to City by
registered or certified mail, return receipt requested, postage paid,
addressed to the City Clerk of City at 9320 -C Base Line Road, P.O. Box
807, Rancho Cucamonga, California 91730. Either party may change
0
Franchise Agreement i, or fern)
Page 8
the place to which notices to it are to be mailed by giving notice of
change of address in the manner described in this Section.
SECTION 26. POLICE POWER. City reserves the right to determine, •
in the exercise of its powers, to provide for the public health and
welfare, whether technological or other changes materially affect the
level of the service required by the City, and in such case, the level
of service hereunder may be adjusted by City and this Contract shall
be reviewed and revised accordingly.
SECTION 27. INTE (RATION. This Agreement, upon acceptance by the
parties hereto, constitutes the sole and only agreement between
Contractor and City as to the subject matter hereof, and is intended
by each to constitute the final written memorandum of all of their
agreements and understandings in this transaction.
SECTION 28. COUNTERPARTS. This Agreement may be executed in any
number of counterparts with the same force and effect as if all
signatures were appended to one document, each of which shall be
deemed an original.
SECTION 29. INVALIDITY. If any term or provision of this
Agreement or application thereof is held invalid or unenforceable as
to any party, the balance of the Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall
be valid and shall be enforced to the fullest extent permitted by law.
SECTION 30. MISCELLANEOUS. The masculine gender, the singular
number and the present tense, shall be deemed to include the feminine •
and neuter genders, plural number and past and future tenses, re-
spectively, where the context so requires. The Article and Section
headings herein are used only for the purposes of convenience and
shall not be deemed to limit the subject of the Articles and Sections
hereof.
EXECUTED at Rancho Cucamonga, California, on the day and year
first above written.
CITY OF RANCHO CUCAMONGA,
a municipal corporation
By:
Phillip D. Schlosser, Mayor
ATTEST:
Lauren M. nasserman, City Clerk
%0
(NORTH)
YUKON DISPOSAL,
a California corporation
By:
Title:
By:
•
FRANCHISE AGREEMENT
FOR
• REFUSE DISPOSAL- SOUTHERN SECTION OF RANCHO CUCAMONGA
THIS AGREEMENT, made and entered into this 21st day of August,
1960, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a
municipal corporation, hereinafter referred to as "City ", and RANCHO
DISPOSAL, a California corporation, hereinafter referred to as
"Contractor ", provides as follows:
W I T N E S S E T H:
WHEREAS, heretofore City has duly adopted an ordinance concerning
the collection, removal and disposal of refuse within the city of
Rancho Cucamonga; and
WHEREAS, said ordinance authorizes the City Council of City to
contract with any person, firm or corporation for the collection,
removal and disposal of such refuse from within the City of Rancho
Cucamonga.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
GENERAL PROVISIONS
• SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. All
provisions of the City of Rancho Cucamonga Ordinance No. , as the same
now exists or as it may hereafter be amended, and all provisions of
any other ordinance of the City which may hereafter be enacted and
which in any way deals with the subject of disposal of refuse from
residential units in the City, hereinafter collectively referred to as
the "refuse ordinance ", are hereby incorporated by reference and made
a part of this agreement as if the same were set forth herein in full.
Ll
SECTION 2. DEFINITIONS. For the purpose of this Contract, the
following words and phrases are defined and shall be construed as
follows, unless it shall be apparent from the context that a different
meaning is intended:
A. "SOUTHERN SECTION" shall mean that portion of the City
south of the street of Base Line,
B. "DISPOSE" and "DISPOSAL" shall mean the complete operation
of collecting, treating, transportion and disposing of accumulations
of refuse and the products or residue arising from any treatment.
C. "EXCLUDED MATERIALS" shall mean those wastes and other
materials not included in the refuse ordinance definitions of refuse,
garhage, combustible rubbish and non - combustible rubbish.
71
Franchise Agreement (Southern)
Paqe 2
SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply
with all laws, ordinances, rules and regulations of the State, County,
City and all political subdivisions thereof having jurisdiction over •
work done or to be done under this Contract; the Contractor must
conform to and abide by all ordinances of City and of the County and
of cities through which refuse collected may be hauled or wherein such
refuse may be disposed of.
This Contract, all terms, provisions, conditions and specifica-
tions hereof, and all duties and obligations imposed hereunder upon
the Contractor, his agents, employees and assigns and all of the
rights and privileges of the Contractor hereunder, shall be subject to
and conditioned on the provisions of such statutes, ordinances, rules
and regulations as the City Council may, from time to time, adopt or
make with respect to collection, removal or disposal of refuse, with
due regard to the financial impact and mutual interest of the
Contractor or the City.
SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY.
Contractor shall indemnifv and hold harmless City from and against any
and all claims arising from the conduct of Contractor's business or
from any activity, work or thing done, permitted or suffered by
Contractor in the performance of this Agreement, and shall further
indemnify and hold harmless City from and against any and all claims
arising from any breach or default in the performance of any obliga-
tions on Contractor's part to be performed under the terms of this
Contract or arising from any negligence of the Contractor or any of
Contractor's agents, officers, contractors, or employees, and from and •
against all costs, attorneys' fees, expenses and liabilities incurred
in the defense of any such claim or any action or proceeding brought
thereon; and in case any action or proceeding be brought against City
by reason of any such claim, Contractor upon notice from City shall
defend the same at Contractor's expense by counsel satisfactory to
City or City may defend the same and require payment of attorneys'
fees in advance from Contractor.
SECTION 5. DEFAULTS; REMEDIES.
A. DEFAULTS. In addition to anything set forth speci-
fically herein and referred to as a material default, the occurrence
of any one or more of the following events shall constitute a material
default and breach of this Agreement by Contractor:
(1) the failure by Contractor to observe or perform any
of the covenants, conditions or provisions of this Contract to be
observed or performed by Contractor, where such failure shall continue
for a period of thirty (30) days after written notice thereof from
City to Contractor;
(2) the failure of Contractor to perform all work
required of the Contractor hereunder in a good, thorough and work-
manlike manner;
•
7�
Franchise A
Page 3
(3) the filing by or against Contractor of a petition
to have Contractor adjudged a bankrupt or a petition for reorganiza-
tion or arrangement under any laws relating to bankruptcy; the making
by Contractor of any general assignment, or general arrangement for
the benefit of creditors.
Failure to comply with any of the terms, provisions or
conditions of this Contract by Contractor by reason of major disaster,
epidemic or other great emergency shall not constitute a breach of
contract.
E. REMEDIES. In the event of any such material default or
breach by Contractor, City may at any time thereafter, upon giving
Contractor written notice as herein provided, and without limiting
City in the exercise of any other right or remedy which City may have
by reason of such default or breach:
(1) terminate this Agreement and all of Contractor's
rights hereunder. In the event of such termination Contractor shall
pay over to City, for the benefit of the occupants of residential
units of the Southern Section, all refuse fees which have been
collected but have not yet been earned by Contractor, such fees to be
prorated to the date of termination, on the basis of a thirty (30) day
month.
(2) pursue any other remedy now or hereafter available
to City under the laws or judicial decisions of the State of California.
• (3) cure the default of Contractor itself; provided
that if City, by reason of Contractor's default, pays any sum or does
any act that requires the payment of any sum, the sum paid by City
shall be immediately due from Contractor to City and shall bear
interest at the rate of twelve percent (12 %) per annum from the date
the sum is paid by City until City is reimbursed by Contractor.
ARTICLE II
TERM AND AREA OF AGREEMENT
SECTION 6. TERN OF CONTRACT. The term of this Contract shall be
for a period of free T ( ) years commencing on the 1st day of September,
1960. The Contract shall automatically be renewed at the end of each
year for an additional one year period unless a Notice of Non - Renewal
is given as provided below.
If either the Contractor or the City desires not to renew the
Contract, a notice shall be served upon the other party. Unless said
notice is served within thirty (30) days prior to the renewal date,
the Contract shall be renewed for an additional period.
If notice of Non - Ronewal is served as hereinabove provided, the
existing contract shall remain in full force and effect for the
balanco of the period remaining on the original term or the last
renewal of the Contract, as the case may be.
?3
Franchise Agreement (Southern)
Page 4
ARTICLE III
GENERAL SCOPE OF CONTRACTOR'S •
DUTIES AND SERVICES
SECTION 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have
the sole and exclusive duty to dispose of all refuse set out for
collection from all residential units within the Southern Section, and
Contractor shall furnish all labor, materials and equipment necessary
for the performance of such work, provided, however, that the Contractor
shall not be required to collect any uncontainerized scattered rubbish
or garbage unless such garbage has been thoroughly drained, wrapped
and containerized. Except as otherwise provided herein, Contractor
shall not be required to dispose of excluded items. All of the work
required of the Contractor hereunder shall be done in a good, thorough
and workmanlike manner.
SECTION 8. DISPOSAL. All refuse collected by Contractor shall
become the property of Contractor immediately upon the collection
thereof, and shall be forthwith removed and transported by Contractor
to a lawful place of disposal, which shall be provided, arranged for
or furnished by Contractor. Contractor, at its own expense shall pay
all costs and charges in connection with said disposal.
SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or
dropped by Contractor from any vehicle transporting the same or otherwise,
or if any vehicle operated by the Contractor shall discharge any •
fluid, either upon public or private property, it shall immediately be
cleaned up and removed by Contractor at the expense of Contractor.
SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not
assign this Agreement or any part thereof, or any right or privilege
connected therewith, without first obtaining City's written consent.
One consent by City shall not be consent to a subsequent assignment.
Contractor's interest in this Agreement is not assignable by operation
of law, nor is any assignment of its interest herein, without City's
written consent. The transfer, either voluntarily or involuntarily,
of all or substantially all of the assets of Contractor, the transfer,
either voluntarily or involuntarily, of a majority of the voting (or
common) stock of Contractor; the merger or dissolution of Contractor
shall be deemed an assignment of the Agreement for the purposes of
this Agreement.
Any assignment of this Agreement, or any part hereof, or any
right or privilege connected herewith, without the written consent of
City first had and obtained shall constitute a material breach of this
Agreement.
SECTION I.A. EXCLUSIVENESS OF CONTRACT. Except as otherwise
required Fy state law, it is agreed by and between the parties hereto
that: it is the intention of the parties hereby the terms of this
Contract to constitute Contractor the sole and exclusive person.,
•
7`f
Franchise Agreement (Southern)
Page 5
firm or corporation authorized or permitted to collect, remove and
dispose of garbage, rubbish, waste and other refuse matter from all
. residential premises within the Southern Section during the term of
this Contract. Contractor hereby releases any and all rights given it
under state law to continue collecting refuse from any residential
premises elsewhere in the City.
City shall protect Contractor's rights to an exclusive contract
by proper ordinances, and by reasonable enforcement thereof.
SECTION 13. FREQUENCY OF COLLECTION. The Contractor shall
collect from each residential unit a minimum of once each week, but
can provide additional collection service at additional charge
whenever such service is necessary to prevent excessive accumulation
of refuse.
SECTION le, COLLECTION - EMERGENCY VEHICLE. Contractor agrees to
have available between the hours of 8:00 a.m. and 3:00 p.m. an
emergency vehicle and other necessary equipment to take care of any
complaints or emergencies which require immediate attention.
SECTION 15. ANNUAL CLEAN -UP CAMPAIGN. Contractor agrees to
furnish without additional or special charge trucks, labor and all
other necessary equipment and personnel to participate in an annual
City Clean -up Campaign for one week at such time as is designated by
City. Collections during the Annual Clean -Up Campaign will be made at
locations designated by the City, provided, however, that the number
•of locations shall not exceed five (5). In addition to collecting
refuse as defined in the refuse ordinance, Contractor shall also
transport furniture, large household appliances, automobile parts,
scrap lumber, and other like items.
SECTION 16. RECORD OF NON - COLLECTION. When refuse deposited for
collection is not collected by the Contractor for sufficient reason,
he shall leave a red tag provided at his cost at least 2 -7/8" x 5 -3/4"
in size, on which he has indicated the reasons for his refusal of the
garbage or rubbish, giving reference to the section of the City
ordinance or to the section of City or Contractor's Rule which has
been violated, and which gives grounds for his refusal. This infor-
mation shall either be in writing or by means of a check system.
SECTION 17. ENTERING PRIVATE PROPERTY. The Contractor shall in
no event be under any obligation to enter private courts or places or
other private property to make collections under this Contract.
However, if by invitation of the owner or occupant and agreed by the
Contractor, Contractor shall assume that the pavement and entry way is
of sufficient strength and safety to support his vehicle without
damage either to the premises or Contractor's equipment or men,
Contractor shall have the right to enter such premises.
SECTTON 18. CARE OF CONTATNRRS. The Contractor, his agents
and /or his employees shall not throw garbage or rubbish containers
from the truck to the pavement or in any other way use excessive
•
7s
Franchise Agreement (Southern)
Page G
roughness in handling the ware, but shall use prudent care. However,
notwithstanding the customer shall be responsible for the repair and
replacement of his own containers. •
ARTICLE IV
CHARGES FOR COLLECTION
SECTION 19. CHARGES. It is recognized by the parties hereto
that the fees set forth in the Agreement is based on the Contractor's
current costs and said costs may fluctuate over the term of this
contract. It is therefore agreed that the City will re- examine the
contract on an annual basis in order to adjust the fees in accordance
with the formula provided in the Resolution covering the establish-
ment of fees on an annual basis and make adjustments, if any be
required, on the anniversary of the contract.
SECTION 20. EXCLUDED MATERIAL PICK -UP. Contractor may contract
with owners, residents and proprietors of residential property in the
Contract Area to collect and dispose of excluded materials on such
terms as may be mutually agreeable to Contractor and the customer
concerned.
SECTION 21. FRANCHISE FEE. Contractor shall pay to City, as
hereinafter provided, as a franchise fee and as consideration for
entering into this Agreement, the following:
A. A sum of money equal to five percent (58) of the gross •
receipts of Contractor. The term "gross receipts" as used herein
shall be the total amount in dollars of all sums collected by
Contractor from occupants or owners of residential units in the
Southern Section for the performance of disposal services required or
authorized by this Agreement.
B. On or before the thirtieth (30th) day of each month
Contractor shall pay over to City the City's percentage share of the
gross receipts of Contractor collected during the previous calendar
month.
C. On or before the 30th day of each calendar month,
Contractor shall prepare and deliver to City a monthly statement of
gross receipts of the Contractor during the previous calendar month,
certified by an authorized officer of Contractor. In the event City
is not satisfied with any such statement submitted by Contractor, City
shall have the right to make a special audit, by auditors selected by
City, of the books and records of Contractor. If such audit shows a
deficiency for the period covered, the amount thereof shall be paid
promptly by Contractor; if such audit shall show an overpayment, the
excess shall be applied on any amounts then due to City by Contractor,
and the balance, if any, refunded promptly to Contractor. If any such
statement is found to be incorrect to an extent of more than three
percent (311) over the figures submitted by Contractor, Contractor
shall pay for such special audit, and if such special audit verifies •
Contract>r's statement to be correct or not to vary more than three
percent (3 ^;) over the figures submitted by Contractor, the expense of
such audit shall be borne by City.
Franchise Agreement (Southern)
Page 7
D. During the term of this Agreement, and for a period of
•four (4) years thereafter, Contractor shall keep and maintain full,
complete and proper books, records and accounts of all gross receipts.
SECTION 22. BONDS. The Contractor shall procure and maintain
and keep on file with the City Clerk during the term of the contract,
the following valid and unexpired bonds, in a form approved by the
City Attorney, executed by Contractor as principal, and by the
corporate surety complying with each and all of the provisions of
Section 1056 of the Code of Civil Procedure of the State of California,
as surety. Each bond shall provide that it shall not be cancelled by
the insurance carried unless thirty (30) days' prior to notice of such
intention to cancel shall first have been served upon the City Clerk
of City. Each such bond shall further provide that it shall not be
void upon the first recovery, but that same may be sued on and
recovered from time to time until the whole penalty is exhausted.
A. A Faithful Performance Bond, in the principal sum of
$15,000 to guarantee the faithful performance of the Contract during
the term hereof.
SECTION 23. COMPENSATION INSURANCE. The Contractor shall,
during the life of this contract, keep fully insured, at his own
expense, all persons employed by him in connection with the Contract,
as required by the "Workmen's Compensation Insurance and Safety Act"
of the State of California, and shall not hold the City responsible
for any liability that may arise by reason of the injuries to any
•employees of the Contractor who are injured while performing any work
or labor necessary to carry out the provisions of this Contract.
The Contractor shall, at all times, keep on file with the City
Clerk evidence that the Contractor is fully and properly insured, as
required by the Act.
SECTION 24. RECORDS OF OPERATION. Contractor shall keep and
preserve, during the term of this Agreement, full, complete and true
records of his operations, including, but not limited to, cost figures
relating to personnel, equipment and administrative overhead incurred
in collecting and disposing of the garbage and trash from all resi-
dences and premises within the City. Contractor shall engage a
certified public accountant to prepare same and make available for
City Administrators' review but such records shall remain confidential.
SECTTON 25. NOTICES. Any notice that may be given to Contractor
under or with respect to this Contract shall be deemed to have been
given when personally delivered or when sent to Contractor by
rogistered or certified mail, return receipt requested, postage paid,
addressed to Contractor at 141.88 whittram Street, Fontana, California,
92335. Any notice that may be given to City under or with respect to
this Contract shall be deemed to have been given when personally
delivered to the City Clerk of City or when sent to City by registered
or certified mail, return receipt requested, postage paid, addressed
to the City Clerk of City at 9320 -C Base Line Road, P.O. Box 807,
Rancho rucamonga, California 91730. Either party may change the
77
Bch ise A_
page 8
place to which notices to it are to be mailed by giving notice of
change of address in the manner described in this Section.
SECTION 26. POLICE POWER. City reserves the right to determine,
in the exercise of its powers, to provide for the public health and
welfare, whether technological or other changes materially affect the
level of the service required by the City, and in such case, the level
of service hereunder may be adjusted by City and this Contract shall
be reviewed and revised accordingly.
SECTION 27. INTEGRATION. This Agreement, upon acceptance by the
parties hereto, constitutes the sole and only agreement between
Contractor and City as to the subject matter hereof, and is intended
by each to constitute the final written memorandum of all of their
agreements and understandings in this transaction.
SECTION 28. COUNTERPARTS. This Agreement may be executed in any
number of counterparts with the same force and effect as if all
signatures were appended to one document, each of which shall be
deemed an original.
SECTION 29. INVALIDITY. If any term or provision of this
Agreement or application thereof is held invalid or unenforceable as
to any party, the balance of the Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall
be valid and shall be enforced to the fullest extent permitted by law.
•
SECTION 30. MISCELLANEOUS. The masculine gender, the singular •
number and the present tense, shall be deemed to include the feminine
and neuter genders, plural number and past and future tenses, re-
spectively, where the context so requires. The Article and Section
headings herein are used only for the purposes of convenience and
shall not be deemed to limit the subject of the Articles and Sections
hereof.
EXECUTED at Rancho Cucamonga, California, on the day and year
first above written.
CITY OF RANCHO CUCAMONGA,
a municipal corporation
By:
Phillip D. Schlosser, Mayor
ATTEST:
Lauren M. Wasserman, City C]erY.
7�
(SOUTH)
RANCHO DISPOSAL,
a California corporation
By:
By:
e:
•
ORDINANCE NO. 118
• AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING
A GRADING COMMITTEE, PROVIDING FOR DEVELOPMENT OF GRADING
STANDARDS AND ESTABLISHING POLICIES FOR REVIEW OF GRADING
PLANS.
The City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION 1: TITLE
This ordinance shall be known and referred to as the Grading Review
procedure of the City of Rancho Cucamonga.
SECTION 2: SCOPE
This ordinance establishes regulations for submittal and review of
Conceptual grading plans in connection with proposed development, establishes
a Grading Committee for review of grading plans, and provides for establishment
of standards and guidelines to be utilized by the Grading Committee and other
City agencies in review of such plans.
SECTION 3: PURPOSE
The purposes of this ordinance are:
(a) To minimize the effects of grading by discouraging mass grading
• and excessive slopes to ensure that the natural character of terrain is retained.
(b) To preserve significant topographic features, including rock
outcroppings, native plant materials and natural hydrology while also encouraging
improved drainage from lots directly to a street, storm drain, or through public
or privately maintained easement,
(c) To limit the impact of slopes on adjacent developed properties
and limit construction on identified seismic or geologic hazard areas.
(d) To encourage the use of a variety of housing styles, split -level
grading techniques, varied lot sizes, site design densities, maintenance of
views and arrangement and spacing to accomplish grading policies.
SECTION 4: DEFINITIONS
For the purposes of this chapter the definitions listed hereunder
shall be construed as specified in this section.
(a) CONCEPTUAL GRADING PLAN. Grading plans conforming to the
provisions of Section 5 of this Ordinance.
(b) FINAL GRADING PLAN is a plan showing all detailed drainage
information, grade elevations, building locations and floor elevations.
(c) PRELIMINARY GRADING PLAN a plan showing building pad elevations,
typical drainage methods to be utilized, and similar generalized information,
usually excluding finish floor elevations, building locations, and specific
drainage details.
(F
Ordinance No. 118
Page 2
SECTION 5: ESTABLISHMENT OF GRADING COMMITTEE
There is hereby established a Grading Committee, comprised of
one representative from the Building Division, one representative from
the Engineering Division, and one representative from the Planning
Division.
The Grading Committee shall:
(a) review all grading plans submitted under Section 6 of
this ordinance;
(b) compile standards and guidelines relating to grading
practices including, but not limited to, topography, drainage structures,
slopes, irrigation, planting, building pad differential heights, accessibility
and such other features or functions necessary to accomplish the purposes
of this ordinance. Such standards and guidelines shall be reviewed by
the Planning Commission and approved by the City Council. When approved,
the standards and guidelines shall be utilized in review of all grading
plans submitted to city agencies for checking; and
(c) act as an initial reviewing body in the event that practical
difficulty or undue hardship is created as a result of application of
the standards or guidelines, or in the event difference of opinion
arises as to their application. The findings of the Grading Committee
are final unless modified by the Planning Commission at a regularly
scheduled site plan review hearing or through appeal, as set forth in
Section 9 of this ordinance, when plans are not subject to review by the
Planning Commission.
SECTION 6: GRADING REVIEW PROCEDURES
At the time of submittal of a Tentative Tract Map, Tentative
Parcel Map, or Site Plan for Development Review, the applicant shall
also submit the following information:
(a) A Natural Features Map which shall identify all slope
banks, ridgelines, natural drainage courses, rock outcroppings, existing
vegetation worthy of consideration for preservation. Also depicted
shall be noted for its visual significance, environmental function, or
both.
(b) A Conceptual Grading Plan including information necessary
to determine the proposed grading concepts, elevation of pads, and
natural features to be preserved. The following specific information
shall be depicted:
1. Areas to be left natural.
2. Areas of proposed cut and fill in contrasting colors,
with areas where cut and fill exceed depths established
in the hillside development guidelines clearly
shown.
3. Contours shall be shown for existing natural land
conditions and proposed work. The proposed final
grades shall indicate clearly all cuts, fills, and
slopes. Contours shall be shown according to
the following schedule:
Natural Slope Maximum Interval, Feet
2% or less 2
Over 2% 6 up to 9% 5
Over 9% 10
M
•
7
11
Ordinance No. 118
Page 3
4. A conceptual drainage and flood control facilities
• describing planned drainage improvements.
S. Conceptual landscape treatment plan depicting proposed
erosion control measures.
6. General vicinity of the proposed site.
7. Property limits and accurate contours of existing
ground and detail of terrain and area drainage.
8. Limiting dimensions, elevations, or finished
contours to be achieved by the grading, and proposed
drainage channels, retaining walls, and related
construction shown by contour map, cross - sections,
or other means.
9. Location of any existing buildings or structures
an the property where the work is to be performed
and the approximate location and size of any building
pads proposed on the land. Adjacent parcels within
50 feet of the property or which may be affected by
the proposed grading shall also be shown.
(c) A Geological and Soils Report, prepared by an approved
soils engineering firm and in sufficient detail to substantiate and
support the design concepts presented in the preparation as submitted.
(d) LT Model, as determined necessary by the
Director of Community Development for clarification of the proposed
grading plan. The scale must be sufficient to delineate details.
The submitted information shall be reviewed by the Grading
Committee during pertinent review process. The Grading Committee shall
not approve a conceptual grading plan unless it is found to conform with
• the policies, standards, and guidelines, established by or pursuant to
this ordinance. The approved conceptual grading plan shall provide the
basis for preliminary and /or final grading plan approval under other
city regulations.
SECTION 7
•
The Community Development Director may waive any or all of the
requirements of Section 6 of this Ordinance if he determines that any
proposed waiver will have no significant effect upon topography, drainage,
and /or natural features.
SECTION 8
No Tentative Tract Map, Tentative Parcel Map, or Site Plan
submitted for Development Review shall be approved until a conceptual
grading plan has been approved or has been waived.
SECTION 9
Any interested person may, within 14 days after a decision by
the Grading, Committee, appeal said decision in writing to the Planning
Commission pursuant to appeal procedures outlined in the zoning ordinance.
D/
Ordinance No. 118
Page 4
SECTION 10
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 day of , 1980.
AYES:
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
13a
Phillip D. Schlosser, Mayor
•
•
ORDINANCE NO. 75 -A
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, AMENDING SECTION 4 (c) (1) OF
ORDINANCE 75.
The City Council of the City of Rancho Cucamonga, California,
does ordain as follows:
SECTION 1: Amount of Fee.
Section 4 of Ordinance No. 75 is hereby amended to read as
follows:
(a) The fee required to be paid by this Ordinance is $25.00
per 1 /100th of an acre or fraction thereof.
(b) Except as otherwise provided in this Ordinance the fee
shall be based on the area of the entire parcel with respect to which
the building permit is issued.
(c) If the parcel with respect to which the building permit
is issued is larger than one acre, the fee shall be based on ;H-"
(1) The area of the developed portion of the parcel. As
• used in this Ordinance, the phrase "area of the developed portion of the
parcel" means the area of that portion of the parcel lying within a
single rectangle which encloses all improvements, landscaped areas,
storage areas, parking areas, required access and required setback
lines.
(2) Notwithstanding the provisions of Section 4(c) (2)
of this Ordinance, the fee shall not be based upon that portion of the
area of the developed portion of the parcel which was developed prior to
the effective date of this Ordinance and which remains unchanged, provided,
however, that this exception shall not apply once the total area of
additions to structures, or new structures, constructed after the effective
date of this Ordinance, exceeds fifty percent (50%) of the area of the
structures on the parcel which existed on the effective date of this
Ordinance.
(d) The amount of the fee and the area for which the fee
shall be considered paid shall be determined by the building official.
SECTION 2: 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.
W
Ordinance No, 75 -A
Page 2
PASSED, APPROVED, and ADOPTED this day of , 1980.
AYES: •
NOES:
ABSENT:
ATTEST:
Lauren M. Wasserman, City Clerk
15�
Phillip D. Schlosser, Mayor
•
0
0
0
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: August 11, 1980
1977
TO: City Manager and City Council
FROM: Jack Lam, Director of Community Development
BY: Barry K. Hogan, City Planner
SUBJECT: Zoning Ordinance Amendment No. 80 -01 and Environmental Assessment
for a Condominium Conversion Ordinance
ABSTRACT: At the August 6, 1980 meeting of the City Council, Ordinance
No. 119 was given first reading. As you know from the Staff Report presented
at that meeting, the Planning Commission had gone through many, many revisions
on the proposed ordinance. We thought that the ordinance presented to the
City Council, on August 6th, was the most recent revision. It was not.
Staff has attached the latest revision to Ordinance No. 119 as adopted by
the Planning Commission for your review and consideration. Additionally, we
have attached the previous Council Staff Report included in the August 6, 1980,
City Council packet. We appologize for the inconvenience.
RECOMMENDATION: The Planning Commission recommends that the City Council
approve Zoning Ordinance Amendment No. 80 -01 and Environmental Assessment
establishing a Condominium Conversion Ordinance to regulate the conversion
of apartments into ownership housing.
Respgctively r ubbmm'itted,
JIBkL(ad
JACK LAM, Director of
Community Development
JL:BKH:cd
Attachments: Ordinance No. 119
City Council Staff Reports; August 6, 1980
91
•
•
is
CITY OF RAMA 10 CUG%. \Ka \'GA
GATE: June 25, 1980 S1AFF RLP01
TO: Planning Commission
FROM: Jack Lam, Director of Community Development
BY: Barry Hogan, Senior Planner
\O C� CA.Hru^C
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1977
SUBJECT: ZONING ORDINANCE AMENDMENT NO. 80 -01 - CONDOMINIUM CONVERSION -
The development of a Condominium Conversion Ordinance
ABSTRACT: As the Commission will recall, this item came before you on
May 14, 1980, and on the previous occasions of March 26, and April 30, 1980.
Various discussions have ensued over the need, lack of, and purpose of Con-
dominium Conversion Ordinance. A special committee of the Planning Commis-
sion was set up to review the proposed Ordinance and suggest changes to make
it acceptable to the Planning Commission. This committee met on Tuesday,
June 3, 1980, and outlined the various changes to be made in the Ordinance.
Attached please find a revised copy of the Condominium Conversion Ordinance.
We have dashed out those items which the committee recommended for elimina-
tion and inserted corrections where the committee desired. It should be
noted that Section 6 has been amended to allow for 264 dwelling units to
be converted in 1980. Additionally, a Section C has been added which will
expire Section 6 -A within 5 years of the effective date of this Ordinance.
We feel that with the changes recommended by the committee, the Ordinance
should now be acceptable to the Planning Commission.
RECOMMENDATION: If the Planning Commission concurs with the recommendations
of the sub-comm jttee, then adoption of the attached Resolution is recommended.
Respect I
f�iwof JACK L
Community Development
JL:BKH:jk
Attachments: Proposed Ordinance
Resolution of Approval - Condo Conversion Ord,
®R
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF RANCHO
CUCAMONGA RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF ZOA 80 -01 - CONDOMINIUM CONVERSION ORDINANCE
WHEREAS, the Planning Commission has, on March 26, April 30,
May 14, and June 25, 1980 held public hearings; and
WHEREAS, a wide range of input has been taken and considered; and
WHEREAS, the proposed ordinance has been revised to reflect most
of that input; and
WHEREAS, an Initial Study has been prepared and considered and a
Negative Declaration adopted, •
NOW, THEREFORE, BE IT RESOLVED that the attached Exhibit "A" be
forwarded to the City Council for approval
APPROVED AND ADOPTED T4IS DAY OF ,1980.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
By:
Herman Rempel, Chairman
ATTEST:
Secretary of the Planning Commission
1, Jack Lam, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and .
regilarly introduced, passed, and adopted by the Planning Commission of
the City of Rancho Cucamonga at a regular meeting of the Planning Commis-
sion held on the 25th day of June, 1980 by the following vote to -wit:
(Revised 6- 12 -20)
ORDINANCE NO. 119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING THE ZONING ORDINANCE
. BY ESTABLISHING REQUIREMENTS FOR THE CONVERSION
OF APARTMENTS TO CONDOMINIUMS.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: PURPOSES:
A. The City Council finds and determines that the conversions of
apartments to community apartments, stock cooperatives and
condominiums affect the public health, safety, and welfare;
and that such projects, which are subject to the subdivision
regulations of the State of California, should be regulated by
local ordinance. The City Council determines a need to regulate
the conversions of existing buildings to community apartments,
stock cooperatives and condominiums so as to:
1. Encourage a balanced supply of rental and ownership
housing in the community and a variety of choices of
tenure, type, price, and location of housing.
• 2. Maintain and encourage the supply of affordable
housing, both ownership and rental, for low -and-
moderate income persons and families; and
3. Promote the residential stability and quality of the
community by developing neighborhood identity,
discouraging displacement of residents, and facili-
tating affordable home ownership opportunities and
• rental ownership opportunities for the community.
•
CThe
City Council, therefore, state:
its express intent to set
such
standards and regulations necessary
to insure that apartments
and like
structures being converted will be
in the best interest of the
community.
•
SECTION 2: DEFINITIONS
The words and terms used in this Chapter shall have the following
meaning unless the context clearly indicates otherwise:
A. Community Apartment: Community Apartment as defined in
Section 11004 of the Business and Professions Code,
containing two or more rights of exclusive occupancy.
CB. Condominiums: Condominiums as defined in Section 1350 of
the Civil Code: "An estate of real property consisting
of an undivided interest in common areas, together with a
separate right of ownership in space."
C. Conversion: The process or act of subdivision, in accordance
with the Subdivision Map Act, of existing rental dwelling
units into condominiums, community apartments or stock
cooperatives.
0. Pest Pe mrt: An inspection and written report conforming
to the requirements of Section 8516 of the Business and
Professions Code of the State of California including
documentation of conditions ordinarily subject to attach
by wood destroying pests and organisms. •
E. Project: Project m.!ans a condominium, community apart-
ment, and stock cooperative.
F. Stock Cooperative: Stock cooperative as defined in
Section 11003.2 of the Business and Professions Code:
property consisting of dwelling units owned by a corporation
whereby shareholders receive a right of exclusive occupancy
in a portion of the real property owned by the corporation.
SECTION 3: APPLICATION INFORMATION REQUIRED
No Tentative Map for the purpose of conversion will be accepted for
filing unless it is accompanied by an application which in addition
to the information required by the Subdivision Map Act and the
Subdivision Ordinance, contains all of the following information
• and documentation:
A. Specific Requirements:
3 - - -- The. Apptic ant' _pco.1ected -percentage -of -the -eK; s t; ng
4kw&v= aC - tenants - aeaded -to _buy -tt+e is - dwelling -e n; t
.in order-- te+Nake -tbe -c Rveasian_projact- esenemie a ;ly-
fic�xible.
4.---{s- ti4la-ed near eE -value _of - eaeh -Hp it;
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1• 4— Terms of proposed assistance, discount, or other
Cfinancing program to be offered, if any, to present
residents for the purpose of subsequent unit purchase;
•
-q_- _Proposed- progCijptpf-
Ieloca tinyaSSiStdNx_tahe._
offered- by_.the-applJra"±„ if_any;
- -5:- Makeup- pf_ existil ig.lrsanthnruehaldz._inctudin4-
famigy -si3e ;- aEVrgLt4 o£ rasideruz..age nt-tenants.
and- whether- racaiuiru}- fadaraL -0 r- state -teat subsid ies ;
§_-- =➢roposad Fkweowner_'s.l�wciatian _fee._
2. -7_ Names and addresses of all tenants. When the subdivider
t
can demonstrate that such information is not available,
this requirement may be modified by the Community is
Development Department.
3. -4: The subdivider shall submit evidence that a certified
letter of notification of intent to convert was sent
to each tenant for whom a signed copy of said notice
is not submitted.
4. -4- A report of field test by a qualified independent
testing agency as specified in the Uniform Building
Ccde showing that the wall separation and the floor
and ceiling separation between units shall provide
the same airborne sound insulation as required by
0
the most currrnt Uniform Building Code requirements
adopted by the City. If the report shows that these
standards are not met then the applicant shall
• indicate that he will complete improvements necessary
to meet these requirements prior to any sale of said
converted apartments. In cases where units are
occupied by tenants, who have initiated a contract
for the purchase of the units, the improvements for
such soundproofing shall be complete prior to the
sale of the unoccupied units.
5, - - -1Q. A copy of the proposed declaration of covenants,
conditions and restrictions which will apply and
which shall include an agreement for common area
• maintenance, including facilities and landscaping,
together with an estimate of the initial assessment
fees anticipated for such maintenance; a description
of a provision for maintenance of vehicular access
areas within the project; and an indication of
appropriate responsibilities for maintenance of all
utility lines and services for each unit.
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6. --}t: A physical elements reports which shall include but
not be limited to:
(a) A report detailing the condition and estimating
the remaining useful life of each element of
�a
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the project proposed for conversion: Roofs,
Cfoundations, exterior paint, paved surfaces,
mechanical systems, electrical systems, plumbing
Systems, including sewage systems, swimming •
Pools, sprinkler systems for landscaping,
utility delivery systems, central or community
heating and air - conditioning systems, fire
protection systems including automatic sprinkler
systems, alarm systems, or standpipe systems,
and structural elements. Such report shall be
prepared by an appropriately licensed contractor
or architect or by a registered civil or structural
engineer other than the owner. For any element
whose useful life is less than five (5) years,
i
a replacement cost estimate shall be provided.
(b) A structural pest control report. Such report •
shall be prepared by a licensed structural pest
control operator pursuant to Section 8516 of
the Business and Professions code.
(c) A building history report including the following:
(1) The date of construction of all elements
of the project;
(2) A statement of the major uses of said pro-
ject since construction;
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*This number has been
relocated in its en-
tirety to Section
4 B 8.
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(3) The date and description of each major
repair or renovation of any structure or
structural element since the date of con-
struction. For the purposes of this sub-
section a "major repair" shall mean any
repair for which an expenditure of more
than $1,000 was made;
(4) Statement regarding current ownership of
all improvements and underlying land;
(5) Failure to provide information required by
subsections (1) through (4), inclusive,
shall be accompanied by an affidavit,
given under penalty of perjury, setting
forth reasonable efforts undertaken to
discover such information and reasons why
said information cannot be obtained.
i-^c : -- {viderree {fat a noEice oG - 1nEent _ts- convert _shall _ be
del ivere&- to•-eeoh cxisti&ng- tenant =s -dwell irg -unit.
iim -formr o!` -the - notiee - shad -he -as -approved - by -the-
Cbnmmmi -ty 4hw lopment- Department -and - shall -Gen taia-
ttot• -Tess 4h
ress- ef- eurran E- ewmeri-
{b}- ilrrrr- ,erxS,xldress -ot': - the - prepared -se hd iv id eri -
/1
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{ <- } -44)jw - *i4u.� date- n -wh ice.. the- tentative -map -S4-
-proposed -to de- £fled;
{d }- -imat2 t}aEe -on _which -the - fi pal - map -er- •'
TmTTI-map• Is- tv-be-f 4ted;
.Appr-0, **r to date -0n- which -the _unit- is -Yv -be
vacated bK - nwapur-0pas i qg - tenants ;
{I }_ Tega V- s- r- igbt- to -pur. cease,
{.}} _ T.eryr� €'� � iyyyg .eE - qot } €icaiieq - to -vacs Ya;
{h }- Tcviant'��igh6 o €- termigatieq -e €- lease;
-{ i- }- �avision -for- - special- eases;agd--
{ j. }- Prari�iono €�qcw }qg � *pegses.
{ir }- Tenant' s�Eyh4- Eo- Pnrepase--- As- previded -iq
GoverY t--C- ode - Sec- Ooq -444V gb}- &By-pnesent-
- EerrtarrE or- Eerfan4s o€ aqy -ugit- shall -be -9 iven -a
norf t�rsfcrrUktle- riypE- o €- EirsE- pe£usal -Ee •
-purcha9e 44te -LM 4roec-rpied-at-a- price- qe- greateF-
t;»n -tire -price o£Eered- to -Epe - gegera 1 -pub lie,
Are right o4- €irs4- refusal -shall - erttepd- faF -at-
least - 94*t�'-(b6}- days - €rom -the -date -of -issuapee-
o£ T� Sr16Arrlsioq- public- NepgrE- er- eommegee --
eie A-of- sales r-whichever -date -is -lateF.
{1 } - ut.�tT{_}pR of- 11ralEs. - -E�c -h - qeu- eurekastgg -Eega q E ; ---
noo -lrr def wlE �ccfer -Epe rob }iga E iegs of -the-
- mn{al- �xJ+rri�cyr4 yr -}ease - ni+der -��hicp - Me- eeenp: n
M ;- vrrit,_.y}nr} }- {T,w,•- not_ }eas -4hart Kfrte- haedred
5 +-
no- tif- ia�tia> -from -the - owner -of -his- io tea t -te
cor - tr -or--f Gio- the -44og- date -ef- the -Fiaaa
Subdiui -sioo - Map, - whichever -date -is- later, -te-
• - f- ind- swhsti.tuio Jmoosiog- and -to - relocate.
__{oa- -V%er- Wn on tion as-may -be- deemed -nee es sa ry -by
the 4om iwtyL-0evelopoent- Department.
13. Other information which, in the opinion of the
Planning Commission
f}iree4or�of -LOnw. i-t iDeve}opmert, will assist in
determining whether the proposed project is con-
sistent with this chapter.
SECTION 4: PROPERTY DEVELOPMENT STANDARDS
C
. A. General Requirements: No Final Map for the purposes of
condominium conversion will be accepted for filing unless
the following requirements, which shall be conditions of
approval of the tentative map are approved:
1. Each dwelling unit shall conform to current noise
and energy insulation standards required by the
latest adopted Uniform Building Code or other
applicable law or regulation.
2. Each unit shall have installed smoke detectors as
required by the latest adopted edition of the
Uniform Building Code.
3. For each unit there shall be provided a minimum of
0 �0
�� , plus o _ >
provided for guest parking. non- covered.
4. Each dwelling unit shall be separatelv metered for •
and
gas, /electricity and -water unless, the City approves
a plan for equitable sharing of communal metering.
5. Each unit shall be provided with separate water
shut -off valves and electrical main shut off.
6. Each area for trash placement and pickup shall be
adequately designated and all refuse shall be
removed on a regularly scheduled basis from the
premises.
7. Permanent mechanical equipment which the Building
Official determines is a potential source of vibra-
tion or noise shall be shock mounted or isolated, or
otherwise mounted in a manner approved by the
Building Official to lessen the transmission of
vibration and noise.
B. Illuminated addresses, and if found necessary by the
Planning Commission. directory maps, for all units
shall be prominently displayed from appropriate
public or private access within or adjacent to the
Project.
9. At least 125 cubic feet of enclosed, weatherproof,
lockable storage space is to be provided for each
0
unit. This storage space shall be in addition to
that ordinarily contained within each unit. It may C
be either within or exterior to, but shall bear a
• reasonable locational relationship to each unit.
10. A laundry area shall be provided in each unit; or if
common laundry areas are provided, such facilities
shall consist of not less than one automatic washer
and dryer for each five units or fraction thereof.
11. The applicant shall provide written certification to
the buyer of each unit on the initial sale after
conversion that any dishwashers, garbage disposals,
stoves, refrigerators, hot water tanks, and air -
conditioners that are provided are in working condi-
tion as of the close of escrow. At such time as the
Homeowner's Association takes over management of the
development, the applicant shall provide written
certification to the Association that any pool and
Pool equipment and any appliances and mechanical
equipment to be owned in common by the Association
is in working condition.
B. APPLICATIV REQUIREMENTS
The applicart shall provide the City with a tentative subdivision map in
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conformance with the State Subdivision Pap Act and local ordinance and a
development plan of the project including, but not limited to:
1. dimensions and location of each building or unit, and the
location of all fences or walls. •
2. building elevations indicating the type of construction material
existing and proposed;
3. Typical floor plans of existing units with square footages of
each roll indicated and the number of units per plan;
4. location of common area and amenities existing or proposed;
S. location and dimensions of parking garage, carport, parking
Carea, access -ways, and any other on -site area reserved for
vehicular use;
6. location of areas for exterior storage space for individual
occupants;
7, landscape plan per City standards which specifies proposed
trees, shrubs, plants, and ground cover, and indicates exist-
ing landscape massing. Species, quantity, and sizes shall be
indicated for proposed landscaping only.
8. -1?. Evidence that a notice of intent to convert shall be
delivered to each existing tenant's dwelling unit.
The form of the notice shall he as approved by the
Community Development Department and shall contain
not less than the following:
(a) Name and address of current owner;
(b) Nanir and address of the lrnpnsed suhdividnr:
(c) Approximate date on which the tentative map is
proposed to be filed;
• �d)- -APPre pima te- date- eR -wbie h- Ehe - €i Ral - map- eR- PaReel-
maP- is- te- be- #filed;
(•e )-- APPreaima te- date- eR- whiek- Ehe- eRit- is- te- be- vaeated-
by- RRRPHRebas €Rg- tenants;
(d) Tenant's right to purchase;
(e) Tenant's right of notification to vacate;
(f) Tenant's right of termination of lease;
(g) Provision for special cases; and
(h) Provision of moving expenses.
(i) Tenant's Right to Purchase. As provided in Government
Code Section 66427.1(b) any present tenant or tenants
of any unit shall be given a nontransferable right of
first refusal to purchase the unit occupied at a price no
• greater than the price offered to the general public. The
right of first refusal shall extend for at least sixty (60)
days from the date of issuance of the Subdivision Public
Report or commencement of sales, whichever date is later.
9
(j) Vacation of Units. Each non - purchasing tenant, not in de-
fault under the obligations of the rental agreement or lease
under which he occupies his unit, shall have not less than
twenty 120
one hundred riyirty- [•399} days from the date of receipt of
notification from the owner of his itnent to convert, or from
the filing date of the Final Subdivision Map, whichever date
is later, to find substitute housing and to relocate.
(k) Other information as may be deemed necessary by the Community
Development Department.
Infi
9• -S. Any other information that the Director of Community Development
deems necessary to determine whether the proposed project is
consistent with this chapter.
SECTION 5: EXEMPTIONS
In the event that any of the Property Development Standards required for
the Conversion causes practical difficulties /care determined to be
unnecessary or would result in excessive costs, the Planning Commission
may waive, reduce or modify the requirement. Waivers shall only be made
for parking, laundry facilities, storage provisions for individual
units, and noise and energy requirements.
SECTION 6: CONVERSION LIMIT PROCEDURE
A. Annual Limit. The City shall approve the conversion of
no more than one -half N) the number of multi - family
rental dwellings added to the City's housing stock (i.e.
dwelling units completed and ready for occupancy) during
the preceding year, in any one calendar year. The number
of multi - family rental units added in one year shall be
determined as follows:
from January 1 through December 31, the total number of
multi - family rental units given a final building in-
spection and occupancy permit minus the number of such
C
•
units deniolishod, removed from the City, or converted to
non- residential use. I*
If approval for a project expires prior to recordation of
the Final Tract Map for that project, the number of
dwelling units provided in the expired project shall be
added to the allocation. in the calendar year of expiration.
For a one -time only basis, this ordinance shall establish 264
dwelling units available for conversion in 1980.
B. Time Limit. Any multi - family rental unit constructed
after the effective date of this ordinance shall be
allowed to convert to condominiums subject to the pro-
` visions of this ordinance, five years from the date of
•the final occupancy of the project.
'Added C. Expiration: Section 6A shall become null and void five (5)
years after the effective date of this ordinance,
SECTICII 7: ACTION BY PLANNING COMMISSION
•
A. The City shall make the following findings in addition to
the findings otherwise required for a Tentative Tract
Map in order to approve a Tentative Tract Map for the
purpose of conversion:
1, the proposal is compatible with the objectives,
policies, elements and programs specified in the
General Plan and any applicable specific plan.
2. the design or improvement of the project is con-
sistent with applicable, general and specific plans.
)oz
1,. ,,.
chapter.
C
4. the proposal promotes with the health, safety and •
welfare of the residents of the City.
The action of the Planning Commission is final unless
appealed in writing to the City Council within fifteen
(15) calendar days.
SECTION 8: The Mayor shall sign this Ordinance and the City Clerk
shall attest to the same, and the City Clerk shall cause
the same to be published within fifteen (15) days after
its passage, at least once in The 0ai1y Report, a news-
paper of general circulation published in the City of
Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
PASSED, APPROVED, AND ADOPTED this _ day of
1980.
AYES:
NOES:
ABSENT
ATTEST:
Lauren B. Wasserman, City Clerk
;}anrs E- -fimt, Mayor
Phillip D. Schlosser, Mayor
103
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August 7, 1920
City of Rancho Cucamonga
City Hall
Ranch) ducamon,a, CA
Attcnticn: City Clerk
.,entle_�cn:
..a have been in contact with City officials regarding our comulanints
a;ainat Visual sntornrises Cable TV service, They informed us to
contact your office to obtain a time at the next City Council Eoot-
iah to ai:lress the Council regarding this matter. Please schedule
us time at the August 20th mcctin3 or at the earliest nossible
Council iCeeting. .e believe this matter is of the utmost import -
anc-, not only t; us but to any citiz ^_n of Rancho Cucamonga currently
• 'oeia; serviced by Visual 3ntorprises.
Attache; is a co-Y of our letter to the FCC and copies of all cor-
r� o!ri_cc� sual :;ntar: ^ris V and �iC. ;;', -,no., the parent
c' , _any Visual :: n
ntorrio PLU9 P m can ^lying you conies of
the corrosnon)once that tools place last April between the City of
:3anc'r.;r Cucc:;;3n „a anti Visual nterprisos and my solicitea comments
to that corresi:cndcnce.
•
Gentlemen, ploaso note in my solicited letter of response to 1'r. Zmpey
on ,)aj,o j, 1,aragranh 2 the problems mentioned. Those problems still
exist to this day. The only problem the technicians took care of
last April ryas hooking up my HBO Box that was left in my home His -
connoctc;..
honkinj y;;u and 'ac will be waitinG to hear frcm you.
Vory truly, yours:
i
✓_
Ral..h on, i..lren �bo6ln
61; _21 vo
lr,
to 1,. {'1, ;,l 7171)1
(7111) ' 7- 044.1'
U
City of
RANCHO
oQU� CUCAMONGA
CMay 13, 1980
Mr. E Mrs. Ralph Hogoboom
6439 Vineyard
Rancho Cucamonga, CA 91701
Dear Mr. L Mrs. Hogoboom:
In keeping with our policy of letting you know what is transpiring
between the City of Rancho Cucamonga, and the cable TV company known
as Visual Enterprises of Rialto, enclosed you will find a copy of a
letter from the City to Mr. Walter Gerber of Visual Enterprises,
informing him of your complaints, and a copy of Mr. Gerber's response.
•
Please refer to paragraph two of Mr. Gerber's letter, where he has
indicated that all customer complaints mentioned in the City's letter
of April 25 have been responded to. In a continuing effort to establish
a viable relationship between you as the customer, and Visual Enter-
prises, we would like to solicit your comments with regard to the
dialogue which as taken place so far between the City and Visual Enter-
prises, and also to ascertain whether indeed Visual Enterprises has
responded to your problems. Please forward any comments which you may
wish to make, in writing, to: City of Rancho Cucamonga, P.O. Box 807,
Rancho Cucamonga, CA 91730, Attention: Harry Empey.
The City of Rancho Cucamonga appreciates your comments, and wishes to
do whatever possible [o assure that you receive professional service
from Visual Enterprises.
Sincerely,
Harry J. Empey
Finance Director
HJE /cam
Enclosures (2)
•
JoS
POST OFFICE HO% 703 , R'\NCIIO CUCAMONGA, CALIFORNIA 91730 (714) 9891851
City of
= RANCHO
` CUCAMONGA
-- April 25, 1980
Visual Management Co., Inc.
2021 3rd k1
Riverside, CA 92507
- -- Attention: Walter Gerber
Re: 251 E. Baseline
Rialto, CA 92376
Dear Mr. Gerber:
Due to the numerous complaints being received by the City of Rancho
Cucamonga, we feel it is necessary to express our concerns with
regard to the response, or lack of response, your firm seems to be
giving the residents of this community.
• Some of the complaintants are listed below:
R. B. Craves, 8652 Surrey Lane, Rancho Cucamonga
Mr. E Mrs. Robert Staiger, 5642 Carol Ave., Rancho Cucamonga
Mary Pat James, 6261 Kinlock, Rancho Cucamonga
Mr. L Mrs. Ralph Hogoboom, 6439 Vineyard, Rancho Cucamonga
It is anticipated that franchises and contracts Will be awarded In the
_ near future., Insofar as a franchise is concerned, you can be sure that
levels of service will be a major topic of consideration.
Mr. Gerber, the City would appreciate It if you could make yourself
more available to your subscribers who live in this community, as it
puts an unfair workload on City staff, who are now handling complaints
and taking messages which should be addressed by members of your own
company...,
Sincerely,
Harry J. Empey
• Finance Director
HJE /cam
POST OFFICE BO!( 793, RANCHO CUCA110N0�, CALIFORNIA 91730 (714) 989 -1851
Riverside Cable T.V.
2021 Third Street, Suite I
Riverside, California 92507
7888220
May 8, 1980
Mr, Harry Empy
City of Rancho Cucamonga
P.O. BOX 793
Rancho Cucamonga, Calif. 91730
Dear Mr. Empy;
0
As California Regional Manager in charge of 13 systems and •
3 offices it is most difficult to personally respond to the
individual subscriber complaints as you have requested in your
recent letter. My staff is organized in such a manner so to
provide prompt response to complaints and supervisory
personnel to handle complaints as to the lack of response.
Mr. Roger Standifer is the technical supervisor for your
area and will personally respond to any subscriber who feels
there has been insufficient response to a complaint. With
regard to installation complaints; Mr, Brit "Snuffy" Smith
is the installation foreman for your area and will also respond
personally if necessary. With regard to construction and
cable placement; Mr. Fred Hardy is the Construction Manager
who will handle all related matters. Any complaint not
properly handled by my staff will be handled by myself,
with a visit to the customers home, if necessary. Your
staff may reach me by leaving a message at the Rialto Office
via our toll free number, 986 -9665, and I will return their
call.
Our customers you refered to in you letter have all been
l /responded to and their problems corrected, most notably
was Mr. Staiger who could not get channel 28, his problem
was corrected by fine tuning his set.
With the recent installation or our microwave system we are
now offering 15 channels of service, and in January will be •
e ::panding to 20. We now offer as part of the basic service,
WOR TV CII 9 from New York, Nickelodeon, the award winning
non commercial non violent childrens channel produced by
Warner Communications, and E.S,P,N., the 24 hour sports
/D
Riverside Cable T.V.
2021 Third Street, Suite I
Riverside, California 92507
788.6220
channel. We have also introduced HBO, the premium service
channel. The addition of these extra channels to a twelve
channel system has not been without problems but was worth
the effort to provide the additional service to our customers.
In January we will be adding WTBS CH 17 from Atlanta, The 24
hour news channel CNN, and C SPAN the live coverage of the
House of Representatives from Washington.
• The Acton Corp. has major interests in cable and has been in
the business since 1956. We are well aware of the frustrations
your city has gone thru with the previous tax shelter operation,
and the current problem of having three operators in your area.
I am available at your convenience to discuss any Cable Tv
related matter.
Sincerely
Walter Gerber
Regional Manager
Ll
KJ
Page 1 of 3
.(.;•`,, ".' May 16, 1980
City of Rancho Cucamonga
P.O. Box 807
1+ (
Rancho Cucamonga, CA 91730
;.
Attention: Mr. Harry Empey
Dear Mr. Empey: ,
In response to your request for our comments with regard to the
Visual
dialogue which has taken place so far between the City and
Enterprises, I offer the following:
Referring to the first paragraph of Mr. Gerber's letter, there are
two statements he made which I will direct my comments to.
Mr. Gerber: 'Illy staff is organized in such a manner as to provide
prompt response to complaints and supervisory personnel to handle
complaints as to the lack of response."
Comment: In my experience with Visual Enterprises, that is an
•
erroneous statement to indicate "prompt response." On April 14th
I phoney in to have two HBO Boxes installed and the very next day,
April 15th, the two Boxes were installed. However, one Box was
left disconnected as the technicians could not get it to work.
Yet they had me pay for full service on both boxes and left my
mone with ;['123.10, assuring me that another technician Would be
sent out as soon as possible. Because of the poor service I had
in the past with Cable, I phoned in the complaint of the discon-
nected Box myself on April 15th. From April 15th to April 25th
were ten days of pure torture in dealing with Visual Enterprises.
I made numerous calls to their office trying to get someone out
to hook up the disconnected Box, rearranged my schedule and stayed
home during those ten days (not even stepping out into my backyard
j
for fear of missing the soun;l of the door bell). No one showed
or even phoned! Olio of my calls to Visual Enterprises, I was con-
nected to Mr. Roger Standifer, to promised me he would be out the
J
next clay, April 18th. Ile never showed nor did I ever receive a
phone call oxplaining why he didn't come. Anotherwords Mr. Empey,
the only "nromnt response" I received from Visual Enterprises Was
when Visual Lincerprises were going to receive money from their
visit to my home when they installed HBO and in that instance they
vrore here within 24 hours after I placed my phon order!
Mr. Gerber'; second statement reads: "Any complaints not properly
han•tlod by my staff will be handled by myself with a visit to the
.
•
cuotomers home, if necessary."
i Page 2 of j
i
Comment: Towards the end of my "ten day ordeal', to get Cable out
here, I asked one of their clerks, Ann, to give me Mr. Gerber's
phone number. I wanted to speak with him personally concerning
the lack of service his company was Providing.
she had no way of reaching him!!! I left aessagea for nMr.m Gerber
t
to phone me when he does get in touch with his Rialto office. After
that statement from Ann, my husband composed a letter to Mr. Gerber
and we mailed it to the only address we have which is where we
send our monthly service payments. A copy of his letter was sent
to the Better Business Bureau, Utilities Commission and I hand
delivered a cony to you. To this day, we have never heard from
Mr. Gerber, not even so much as an acknowledgment to our letter.
Referring to the second paragraph of Mr. Gerber's letter, I offer
the following:
Comment: I find it rather interesting the only complaintant he
makes reference to is a "fine tuning" problem of Mr. Steiger's set.
Perhaps Mr. Staiger would have suspected it was his set that was
the problem, if he had not been receiving such poor quality in
reception in the vast from Cable ?! However, I can assure you that
"fine tuning" was not my probolem. During the ten days of constant
phone call- to 4:r. Cerbor's Rialto office, I told his clerk several
•
times that if I did not receive service soon from Visual Enterprises,
I would be reporting my complaints to our City Hall, Better Business
Bureau, and the Utilities Commission. These threats got me ZERO
action from Visual �nterprises! I did not know at that time that
the above mentioned agencies had little or no jurisdiction over
Cable TV, ant so my calls for service were COMPLETELY IGNORED FOR
TEN ;)AYS! Fi nally.., late in the afternoon of the tenth day, April 25th,
I founi out that 'IF C" were the magic words to use when calling
Visual Entorprises. On April 25th, I reported Visual Enterprises
to the F(;C in Long Beach, At that time I received the name, address
and phone number of Cynthia Jeffries, who is the person to contact
in Washington D.C, and was also told to write the California State
Attorney General's Consumer Protection Agency due to the money 'I
had already paid to Visual Enterprises. Because of the expense
Of a long distant call to Washington U.C., I phoned Visual Enter -
prices one more time before making that call and I told Ann I was
report t
hours from usingthe the words" g
words" Ihad Mr`s Roger hstandifer
and another technician in my home hooking up the disconnected HBO
Box. As far as I'm concerned, I could still be waiting for service
if I had not used FCC as a threat to Mr. Gerber's Rialto office.
I did not follow through my complaints to the FCC in Washington or
the California Attorney General's office, however, if Visual Enter-
prises fwV;k gives mo the "run around" again, I will not hesitate
one rccon'l. In all my life? I was Dover treated with such deplorable
• and Jlcguoting servlce as Visual h.n terprices extended to me before
Ild
I Page 3 of 3
i
I mentioned FCC to them. They have been to my home a few times •
since by their own choice to checkup on our reception, but that
,,..,.. still does not explain nor excuse why they refused to answer or
responed to any of the numerous calls for service made to them
during those ten days!
We are still experiencing poor quality in reception. Verticle
bars which appear to be embedded into the screen and horizontal
snow bars are an everyday sight on both TV sets in our home.
Mr. Gerber states we now have 15 channels to choose from for our
viewing enjoyment. He neglects to mention that many times we only
receive clear reception on two or three channels out of the 15 to
choose from.
i
Thank you for the assistance your office has provided to me in
this matter. If it will help, please feel free to send a copy
of this letter to Mr. Gerber. It is obvious your office can get
a response from him and it is just as obvious that his customers
cannot get a response from him.
Very truly yours,
Mrs. Karen llogoboom
6439 Vineyard Ave.
Alta Loma, CA 91701 •
gust 4 1960
= Ind.
Wx vM
-_..a, We- 01720
__...._er..en:
Acinsed is a copy of our letter of complaint filed with the FCC
against 'usual Ent e _ r _ e, Rialto, California Also enclosed is
copy of a letter wesent your company lase April, which we never
_eze ac.nowl_ dement to.
The lack of service we have been experiencing from your company
and the -ocr quality of reception has been and is deplorable! Your
office staff in Rialto and the technicians are continually con-
tradicting themselves in .,hat they tell us. It appears that we are
not being told the truth as to the problems and what is being done
to give us service. Your office staff (Ann and Della) tell ue they
give my service requests to the technicians and your technicians tell
_,c 2 ;reeks later when they finally shoe: up that they just received
• ' requests for service, Therefore, I am securing the names of as
..^,y of your subscribers as possible in our area and contacting them.
e are co:craring experiences that we've had with Visual Enterprise
ano it all comes down to the same... terrible service and poor quality!
I have already given the address of the FCC to one of your subscribers
in my wea, a 10s. Dorothy Lacey. I understand that she has already
,i-ilized the information and addresses I have supplied her with, i.e.
Acton -aty and the FCC in ,iashington D.C. If I do not see and ex-
eri =_ace a groat deal of improvement within the next 30 days, I will
be composing a .form letter to the FCC which will be distributed to
the subscribers in our area.
•
copy of the enclosed letter to the FCC is also being sent to your
R-aitc office, the City of Rancho Cuc amenga and the City of Upland.
1 have ,
heard that the City Los Angeles is opening up six new areas
Cable TV; that city will also receive a cony of our letter to the
P:. Furthcrmore, I am sending copies of all my correspondence with
y -',-,r company plus the FCC copy to the Calif. State Attorney General,
Ccnsur..er Protection Agency as you are receiving monies from us for
scrvLsc-s net rendered in a satisfactory manner. I • as told to contact
the n
Attorney General's office by a employee of the FCC in Long Beach,
Each one of these letters will have a cover letter accompany-
ing it.
Gentlemon, it is ashome that I am having to resort to these actions
to receive service from your company which we have been paying for
Ila
�u-u= y 4, 19E0
_.,.: C,:3V, Inc.
page
:,nd not receiving. rowever, this situation can no longer be toler-
a !
Very truly yours
tars. Karen Eogo'000r.,
AN Vineyard Ave.
1:':a, CA 91701
(714)937 -649^
)13
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Visual Znterpr:ses
70
niaLLnr CA 92,76
Att_.. Fred Hardy
-ear .... :tardy:
/
-- is a cozy the written com.la_nt -.s with the
G .. _ t Visual Enterprises and AC -.', - cozy, a12ns
a letter, has also been sent —T.'.', to .7, attention.:
,_. - __man.
1 have also sent codes, along with indiv4 -6ua11 covers letters, to the
.A_ -wing
City of Rancho Cucamonga c/o :tarry _ey, _inane_ Director
City of upland c/o City Clerk
City of Los - ngeles c/o Ca..le Franchise Dept.
.,4__ c^r.ia State Attorney General's Office, c/e sumer Protection
;agency (because you are ta=•:'_n- mcni from for services which
t
are not being rendered unless - _ = ~calls is your offic •
threaten you with the FCC.) :he, _t nny General's Office
is�bein5 notified at the recommendation of an employee of the FCC
L^_ng Beach, CA.
dy, I n. erstand you the ne, erage- :here: s,
I - enclosing ~a cony of a letter I sent -- yyour - �cffice last
_ :, which has -,ever been acknowledged, to to y'bring you up to
ante as to the eta_ indifference uhave been receiving Visual
1.,t ^arises. I�cannot begin to tell you of theremotions-- strain your
co..aa y has caused in our lives due to the deplorable service and
outright indifference rre have received from you coc.pany.
this .:ill no longer be tolerated as I ;:ill �o everything in my po .,ter
tc see to it :e start receiving coo...__ dual hig er quality
rocertion your corr..any or I'1', service to Visual
_ fr ¢ got
Dntcrprizas out V of ry area!!!
7ery truly yours:
1.rc
Karen Hogoboom `
6L37 Vineyard Ave.
Alta 1-ma, CA 91701
(710 937 -6495
)x
I
Tage 7 cf c
J7 1 i}
Eranch
..ao .._ g-c.. D..,., 20554
l'i'ke to file a cc_c:aint aEainst our cable =V ser'_ce,
=s " F.C. Box %:J o,
- c2,�75, e stibs_eua�ry
in.,,., Box L37, ...tin, !:ass. 0172 -.
.._ cable service for - - with - c..any
nuns e. "International 'able A"14 -Cob -l2 _j °, �!I-isua __. ' -
-_-`", always the sane - - - - cnn -
-- - ray= been :ocr in _n..zn,o - since �Nis last
• �-.- .,c_ _•JC.,..as did to t -^_y` y szen,'^ece - -=Cn as been terrible
_ly,ncn -_xis -I -
After m=MaininG to the City, Bet'_ Business = _ _ -
A
we ina_iy - in ::a_v that Cahle TV
vices`fall under the jurisdiction of -h e . FCC, (See enclosed
that was sent to Visual -Ent- __c e still - ° - no
- nE cu _ "CC had jur n, .._ ^e.'c.:S_ Ica_- o
''' __ice request for __vice or c ^1a1n? for
or 3 ad's inra r ^l': and the ter getting _ ^e5_ -.. e�, either by
ice 'l or telephone call, � we woula Call - the_ were going toG
c -nce.^_L1a --nt y'Cith the .•,., - - they -L la .,_n_ cut - _ecR._cial
__ - has EG' = O❑ all su=ner, 2 __:5 agc
when have been trying since July 23t h - out here. 1:7:;
- don't even res-- once ..___V the e rds
.. ,;--do vertical Jli es on
Cyr screen, exc_=... yy cad ghosting
a-a '.o'.. _ ic- e have call- =ry ?_v, ea weekend's, ;:hen
� :a - _ only get �.. J.g� •ice request ' nr cL-, .• ant we
ante .. _r�:.�'n ca .'_y _ nch_se given Gary
a ^ca. .S eakirg- ofefranchises, ^the we checked
.. the City, Visual ter ises --,esn " eve - G . a franc se yet.
•
,ear to be here t_thcut anyone being able to force to
_enter the service that we w -aying for.
I&
race 2 if 2
_azz time we did --lei to a service ___ n, !:B - he CC__
y
C ._ are sent to service u --ac uZ- if the
HE _so state a th-it many if ....
.,_cause .ny u_ - ^.'.��o �n l�E_.^
...uZ22_a__s necessary to a ...G_.a the cable system in JN_ area.
_ng some corres�oncesoe ;.a have '- she c3mnamy
which they 'avc never res7onled to us ccnce__._ _ the-_ 7ccr se_._,._.
Please gi his your immediate attention
�atzvez we have in this =attar other tha.
-- e_,. Cr Cab__ =+ or TT: CAM or
gcing by.
Very truly yours:
and ..rs. Rai 1'.. Hog boom
f e Ave.
.._Lc. _.;_a, Q. 91701
117
an, us know _ ater-
bel' C_ _ b)'•I Visual
....ate'C'e_ .ar_._ they are ..J1.
•
•
•
•
Ll
'J
August 7, 1980
California State Attorney General
555 Capital Mall
Sacramento, CA 95814
Attention: Consumer Protection Agency
Gentlemen:
Please Help!!! Cie realize Cable TV does not come under your juris-
diction, however, an employee with the FCC in Long Beach, CA recom-
mended that a complaint be filed with your Agency against our Cable
TV Company due to the large sums of money that is envolved. The
Cable TV Company I'm referring to is:
Visual Enterprises
P.O. Box 730
Rialto, CA 92376
(714) 983 -1535
which is a subsiduary of:
ACTON CATV, Inc.
Box 407
Acton, Mass. 01720
(617) 263 -1138
As a consumer of the State of California and because ACTON CATV, Inc.
of Ia., J . are selling their so called "services" via Visual Enter-
prices in this State and receiving a lot of money from California
consumers in our area, we are seeking your help and investigation
into both the above mentioned companies.
.ie have to use cable out of necessity to receive reception, due
to a mountain range near our home. Last Spring when Home Box
Office (HBO), a movie channel, was added to our areas cable system,
our nightmares began with this company. It is our understanding
that just prior to the addition of HBO to our system, ACTON CATV
in Acton, Eacs. purchase:; the cable company that previously serviced
our area. (I have enclosed copies of all the correspondence we and
our City have had with this company, informing them of our problems
:into AC'Tu:: CATV took over). ':,hen we finally got a technician to
cone to our home last month, he told me that ACTON CATV, Inc. have
"fnmz':n all funds to purchase the equipment and materials necessary
to rocair and maintain the cable system in our area and that the
t ^chnician. are only being sent out to appease the subscribers."
lie sail "the technician; are doing their best with make -shift
attor..p,ts to make rer,airs, but much of the equipment should be re-
rin.ced or cannot be repairod without now parts, which ACTON CATV
//g)
August 7, 1950
Comsumer Protection Agency
Page 2 0
will not release funds to purchase. As a result, some of the tech-
nicians are leaving this company." ''We have no tangible proof to
substantiate the validity of this technicians statement, however,
with the kind of service and treatment vie have been experiencing
from them, it leads us to believe that it could be true. ANOTHER -
11ORDS, GF11TLE1,1EN, ACTON CATV,A MASS. BASED COMPANY, HAS PURCHASED
A SUBSIDUARY, VISUAL ENTERPRISES, IN THE STATE OF CALIFORNIA, AND
HAS BEET! RECEIVING MONIES FROI•i CALIFORNIA SUBSCRIBERS AID YET ARE
REFU3D:G TO RESPONDS TO OUR PLEAS FOR SERVICE REPAIRS WHICH WE PHONE
IN DAIi.,Y FOR AT VISUAL ENTERPRISES IN RIALTO, CA. Due to terri-
torial 'ooundries cable companies operate by, we do net have the
outicn of using a different cable company. Ne are stuck with this
company and they know it!
Tic have no idea how many subscribers they are receiving monthly
service payments from in our area as that information isn't given
out, but vie have been able to locate quite a few and we are all
experiencing the exact same treeatment... poor viewing reception and
practically non - existant response to our phone requests for service
calls. Not all of the cable subscribers are on the }IBO service,
however they still are having to put up with terrible service.
^hose of us who dial subscribe to the addition of HBO are out the
additional expense for the purchase price of the HBo "receiving •
box" which in our case totals a123.10. This sum covered the price
of the 'boxes, installation and a month in advance service charge.
Plan each month we pay a monthly service charge of $21.15. As of
Auguct 6, 1950, vie notified Visual Enterrrise by phone to pull our
account and make a note that we will not: be sending anymore monthly
service payments until our problems have been corrected. The only
reason we have not done this sooner is that we have an excellent
credit record and vie didn't want a "bad mark" against it.
Gentlemen, vie desperately need your help in this matter! Recently,
another subscriber phoned in a service call to Visual Enterprises
and she was told by the ansvi ^_ring service that the technician said,
"Tell firs, White, She can go (blank) herself. I have no intention
of making a service call." Only, he did not use the word "blank"
but actually filled in the Only with the approrriat word.
::bite placed a long ::istant call to ACTON CATV in !lass. to
r ^ port this technicians statement. She talked to a Nancy Gerhart,
vino responded to her by saying "Gars. ':ihito, according to our recoras,
you are the only subscriber vrho has been phoning in complaints to
Visual 71rtcrcrises." ACTON CATV knows that this is not a true
statement as they recently did a big shake up in p^_rsonnel at
Visual iSntorprioes due to all the complaints they have had. This
"shake up" had not improved the service.
"hi., is just a :;ample of the abuse and emotional strain that vie 'nave•
boon uxyvrioncing from Visual Enterprises and ACTON CATV, Inc.
N9
0
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10
August 7, 1980
Consumer Protection Agency
Page 3
It is because of THIS ABUSE AND TOTAL I14DIFFERENCE TO OUR CALLS FOR
SERVICE THAT THE FCC BRANCH IN LONG BEACH, CA RECOMMENDED THAT
A :';RITTEN COMPLAINT BE FILED AGAI14ST VISUAL ENTERPRISES in Rialto, CA
and ACTON CATV, INC, in Acton, Mass. with the Attorney General's
Office of California. You are to handle this letter as a formal
writtin complaint , notifying you that the above mentioned companies
are receiving monies from us for services which are not being
supplied. !'is, along with other subscribers to the above mentioned
companies, recently filed written complaints to the FCC in Wash-
ington D.C. and are presently awaiting a response from them.
We will be anxiously awaiting to
the names of other subscribers in
forward them to you upon request
to release their names.
Very truly yours:
Ralph and Karen Hogoboom
6439 Vineyard Ave.
Alta Loma, CA 91701
(714) 9�7 -6498
Enclosures
.?6
hear from you. If you would like
our area, we will be glad to
and with the approval from them
April 24, 1980
Visual Enterprises /Cable TV
P.O. Box 730
Rialto, CS 92376
Gentlemen:
We are filing a written complaint to the City of Rancho Cucamonga, Better
Business Bureau and the Public Utilities Commission against your company.
Our written complaint will be a copy of this letter to you.
We received your letter (copy enclosed) saying that HBO was available
through your company for $9.95 per month and installation for $5.00
versus the regular $10 charge. However, when my wife called we were
informed that we bad to purchase a "Box" for $50i. As a matter of fact,
we had to purchase 2 "Boxes ", one for each of two TV sets. We believe
that the purchase of a "Box" was a rather large oversight not to be
mentioned in your letter, but decided to go ahead because we have no
other choice of cable companies to choose from for our area. This was
Monday, April 14, 1980.
Your technician arrived Tuesday, April 15, 1980, to install the HBO on .
both sets. They could not get the one in the bedroom to work so they
left it disconnected and gave my wife a bill for the prepaid service for
2 sets for one month and 2 HBO boxes for a total of $123.10.
Due to past experience with your company, my wife called to report the
set not working with the HBO and the very poor reception we are receiving
on all the channels above S. She was informed by the Secretary that she
(the secretary) had no way of controlling the technician's schedule because
they make out their own, but she would add our name to the list.
My wife rearranged all her schedules for the next 2 days and nobody called
or showed up at our home. She called again on Thursday and the same clerk
answered with the standard phrase, "I'm only a clerk and I don't know ".
My wife interrupted her and demanded to speak to someone over her. She
was put on hold for a few seconds and a man named Roger came on the line.
He said he was a supervisor. My wife went through the whole thing again.
He promised her that he personally would be out the next day, Friday,
April 18, 1980. He did not show up nor call. That was 3ti days she had
to stay home and have nobody call or show up.
April 24, 1980
Visual Enterprises /Cable TV
?age 2
It is now Thursday, April 24, 1980, and we still have not heard from your
company or seen a technician.
This makes the tenth day we have been paying for service charged for and
not supplied as well as paying for a HBO box that was left disconnected
and we still have very poor reception on all channels above 5.
Very truly yours,
Ralph M. Hogoboom
6459 Vineyard
Alta Loma, CA 91701
Account No. 395876
n
LA
�aa
r1
LA
n
U
Fran the West Cwsr Office oh
Sister Cities International
Suite 920
548 South Spring Street
Los Angeles, CA 90013
Phone: 121316272585
Mr. Don Hardy
10210 Baseline, #106
Rancho Cucamonga, CA 91711
Dear Mr. Hardy:
Principal prppram of th*TOWN AFFILIATION ASSOCIATION OF THE US., INC.
spin, 424Qa. 1525 EY& afoeL N.W., WMirerhn, D.C. 20006
PSnm: (2021293.5544
June 11. 1980
It was a pleasure speaking with you today regarding a proposed sister city relation-
ship between Rancho Cucamonga and Hamilton, New Zealand. Enclosed are materials
describing the general nature of the sister city program as well as specific infor-
mation about Sister Cities International.
If you will return the enclosed City profile form we will be better able to assist
you in the affiliation process. It would also be helpful if you would enclose a few
Chamber of Commerce brochures describing Rancho Cucamonga.
Also enclosed is a copy of SISTER CITY NEWS which contains information and registra-
tion materials about Sister Cities International's 23rd Annual Conference to be held
in San Diego, August 13 -16, 1980, As I mentioned to you, we expect some representa-
tives from New Zealand to be in attendance. Each year approximately 600 delegates
from throughout the United States and representing 30 countries attend the Conference.
I feel sure you or another representative of your city will find it informative and
enjoyable.
If we can be of further assistance, please don't hesitate to contact our office.
Sincerely,
Sharon Melberg, Director
West Coast Office
SH /cb
enclosures
)63
A cnone fapa for inNmafipnN aoaprrauw and Yndenrandmp f0rouplr ndren rnrolremenr and pommunlry AorciAarion
1Zancho Cucamoa Cham6er of Commerce
•
The. Hon, Phil Schlosser 9350 BASE LINE ROAD, SUITE D
City Hall RANCHO CUCAMONGA, CALIFORNIA 91701
9320 Base Line Road TELEPHONE, 714 /987.1012
Rancho Cucamonga, CA
August 1, 1980
Dear Phil,
Confirming our conversation this week, Hamilton, New Zealand is
very interested in becoming a Sister City to Rancho Cucamonga.
The cost and time required appear to be minimal.
Ted Dutton is the Ontario representative for their Sister City,
which is East Coast Bays, New Zealand, On August 9. Ted has
advised me, they are going to have a reception for the East
Coast Bays mayor, Allen M, McCullock. You and the other Council
members will be receiving invitations to that reception.
As we discussed, I have appointed Bob Sutton to be coordinator
between the City and the Chamber for the Slater Cities project.
• I hope that this will be an interesting and rewarding project for
Rancho Cucamonga as well as for Hamilton, New Zealand.
Enclosed find descriptive materiala and information on Sister
Cities International. Let me know if you have any further
questions.
Sincerely,
Don Hardy, Preside^
Rancho Cucamonga Chamber of Commerce
cc, Lauren Wasserman
Bob Sutton
David Humphrey
1.74
SISTER CITIES
SISTER CITIES INTERNATIONAL
. pASi0o'"o% . el Me , TOWNEY• AFFILIAT ION ASSOCIATION OF THE U.S,. INC.
Suit A3436 1635 SV+n, N.W., Wd i, on. D.C. ]0005
ft..: 13031353 5501
' INTERNATIONAL „I
SCI BOARD OF DIRECTORS APPROVES NEW POLICY
THE SISTER CITIES PROGRAM, AS A NATIONAL EFFORT, IS EXPERIENCING
AN UNPRECEDENTED GROWTH WHICH IS RESULTING IN AN INCREASING NUMBER
OF REQUESTS FROM U.S. CITIES TO BECOME INVOLVED IN THE SISTER
CITIES PROGRAM,
BECAUSE OF THIS GROWTH, AND IN ORDER TO PROVIDE TAILORED
ASSISTANCE TO EACH U.S. CITY DESIRING TO ENTER THIS REWARDING
PROGRAM, THE SCI BOARD OF DIRECTORS ADOPTED A POLICY AT THEIR
RECENT ANNUAL MEETING IN AUGUST DIRECTING SISTER CITIES
INTERNATIONAL TO ESTABLISH A SERVICE-REGISTRATION FEE FOR U.S.
CITIES DESIRING TO DEVELOP AN AFFILIATION.
THIS SERVICE FEE WILL ENABLE SISTER CITIES INTERNATIONAL TO
BETTER ASSIST THOSE U.S. CITIES SERIOUSLY INTERESTED IN DEVELOPING
A SISTER CITIES PROGRAM AND IT WILL ALLOW SISTER CITIES
• INTERNATIONAL TO PROVIDE THE KIND OF PERSONALIZED TIME AND
MATERIALS THAT SUCH AN EFFORT INVOLVES.
THE SERVICE FEE IS $O %, PER ANNUM, OF A U.S. CITY'S ANNUAL
MEMBERSHIP DUES BASED ON POPULATION. THE INITIAL SERVICE FEE
WILL BE DEDUCTED FROM THE FIRST YEARS ANNUAL DUES ONCE THE
AFFILIATION HAS BEEN ESTABLISHED. THIS SERVICE FEE WILL ENTITLE
THE U,S, CITY TO:
THE CONSULTING SERVICES OF THE NATIONAL AND REGIONAL
OFFICE STAFFS
THE CONSULTING SERVICES OF THE SC TATE REPRESENTATIVES
SCI NEWSLETTER - I COPY PER EACH I OF THE SERVICE FEE
A SISTER CITIES HANDBOOK
USE OF THE SCI SLIDE /TAPE PRESENTATION
PLACEMENT OF THE LOCAL CHAIRPERSON AND MAYOR ON THE
SCI MAILING LIST TO RECEIVE NEWSLETTER AND ALL OTHER
SPECIAL PUBLICATIONS AND COMMUNICATIONS FROM SCI,
A SCHEDULE OF MEMBERSHIP DUES AND SERVICE FEE IS ON THE
REVERSE OF THIS FORM. ENCLOSED IS AN INVOICE FOR YOUR CONVENIENCE
IN PROCESSING THIS SERVICE FEE,
DATED: AUGUST 1979
A 111+1,1 /pme communrly p+rlm.p+hon
E02111_ATIOPi CATFGORY
ANNIIAI ODFS
SFRVICF FFF
UNDER 5,000
$ 50.00
$ 25.00
5,001 TO 10,000
100.00
50.00
10,001 To 25,000
150.00
75.00
25,001 TO 50,000
200.00
100.00
50,001 To 100,000
250.00
125.00
100,001 To 300.000
325.00
162.50
300,001 To 500,000
400.00
200.00
OVER 500,000
650.00
325.00
DUES FOR INDIVIDUAL ;!EMBERS
DUES FOR SERVICE/INSTITUTIONAL
MEMBERS
DUES FOR CORPORATE SUSTAINING
I ",EMBERS
15.00
r'fl 11
250.00
/P51-
0
0
0
•
KI
QTY OF RANCHO CI AMONGA
STAFF REPORT
August 14, 1900
TO: City Council
FROM: Lauren M. Wasserman
City Manager
SUBJECT: Financial Task Force
If the City Council wishes to create a Task Force to study the alternatives
available for financing public improvements, the following policy issues
should be evaluated:
1. PURPOSE OF THE COMMITTEE: To fully evaluate the alternatives available
to the City and the private sector to aid in the financing of public
facilities and public improvements. It is essential, however, that
the City Council understand the difficulty in suggesting funding
mechanisms without first considering the types of public facilities
and public improvements which may be needed. Financing alternatives
must be tailored to Rancho Cucamonga's specific needs.
2. SCHEDULE OF WORK: The City Council should determine a time schedule
Tor wor of t e task force. While the staff has suggested that the
work commence after the adoption of the General Plan, that is a
policy issue which should be decided by the City Council.
It is equally important that the Council set a maximum time limit
for the task force report. It is our view that a three to four
month study period would allow sufficient time to work with financial
consultants, if necessary, and to permit thorough study by the task
force, the city staff and the City Council.
Month of September: Council appointment of Task Force members.
Staff preparation of Request for Proposals
from consultants.
Month of October: Selection of consultants; award contract
Month of November: .Work commences
Month of January: Work completed
�a4
Continued.....
Re: Financial Task Force -2- August 14, 1980
. 3. MEMBERSHIP: It is suggested that the membership of the Task Force
be as as possible, while providing for broad community parti-
cipation. It is further suggested that the City Council personally
appoint each of the members of the study group. This personal
selection will, in our view, result in a stronger committee. One
membership option for consideration of the Council is the following:
A Task Force of nine members with one representative
from each of the following:
Financial Community (banks, savings and loans, etc.)
City Council
Planning Commission
Chamber of Commerce Industrial Committee
Building Industry Association
Wm. Lyon Company (Planned Community)
Lewis Homes, Inc. (Planned Community)
Cucamonga County Water District
Delegate at large representing Industrial interests.
It is also suggested that the City Council emphasize the fact that
• participation is not limited to Task Force members. All interested
citizens, industrialists, and business representatives should be
encouraged to attend Task Force meetings.
6
4. ROLE OF CONSULTANTS: The City Council should determine at an early
stage the role of consultants (if any) in the study process. If
consultants are employed, they should work through the city staff.
If funds are collected from the private sector to finance work by
a consultant, those funds should be disbursed by the City. The
supervisory relationship will insure objectivity throughout the
process.
5. STAFF PARTICIPATION: Because of the importance of the Task Force studies,
it is recommended that the City Manager, Director of Community Development,
City Engineer, and Finance Director serve as ex- officio members of the
Financial Task Force. Staff involvement will be limited to an "as- needed"
basis.
The role of the staff should be to assist the Task Force by serving as
a liaison between the consultants, the City Council, and the Task Force.
This coordination should result in improved communication as the work
progresses.
ia-?
Continued.......
Re: Financial Task Force -3- August 14, 1980
6. BUDGETARY COMITMENT: No city funds have been appropriated for special •
studies. However, the private sector has expressed some interest in
participating in the hiring of consultants if needed. The city staff
has also accumulated a considerable amount of information regarding
financing alternatives now available to meet our Community's needs.
7. SCOPE OF STUDY: Council should determine the specific areas you wish
to have studied. It is recommended that initially the analysis be
limited to financing of public facilities and public improvements. The
study should not, in our view, deal with policy issues such as park
acreage requirements, or park dedication fees. The primary issues in
our view are to determine funding alternatives for:
LM11W /vz
1. Flood control facilities
2. Street and sidewalk construction
3. Bridge construction
4. Open space development including parks
5. Utility installation (water, gas, electric, cable television)
6. Other issues of specific concern to the City Council
05
•
a
CITY OF RANCHO CUCAMONGA
MEMORANDUM
August 15, 1980
TO: City Council, City Manager
FROM: Finance Director
SUBJECT: Ordinance, Resolution Regarding Employer Paid PERS
The paying of the employee contributions is part of the Council
approved fringe benefit program for fiscal year 80-81. Certain
• steps must be completed before the benefit can be implemented,
basically the contract must be amended.
,.0
In order to complete the transaction of amending the City's
contract with the Public Employees Retirement System an ordinance
and resolution must be adopted.
Benefit is scheduled to be implemented with the payroll beginning
September 22, 1980.
)a?
J
r r .
LEWIS HOMES
L t/S MouMaln NM /P..O. sox 6701 Wood. U 917M/ 714 965Ml
August 19, 1980
The Honorable Philip Schlosser and
Members of the City Council
City of Rancho Cucamonga
9320 Base Line Road
Post Office Box 807
Rancho Cucamonga, CA 91701
Reference: Council Agenda Item
August 20, 1980
Gentlemen:
This letter concerns a matter which we submitted for your August 20
agenda. It was omitted from the printed agenda, apparently due to the
absence of the deputy city clerk, but we are told it will be added. We
apologize for not getting this letter to you sooner.
Like other landowners in Rancho Cucamonga, we have long awaited the
lifting of the moratorium and the opportunity to start building in
Rancho Cucamonga. We wish to submit some tract maps and site plans on a
small portion of our Terra Vista property during the August filing
period. There is some honest confusion as to how the Council would feel
about this. We, of course, would like to move ahead. Jack Lam has told
us that he thinks our doing so would be contrary to the Council's
wishes. tie feels bound to recommend disapproval of any map we submit,
because he believes that is the intent of the Council. We are not sure
that really is the Council's feeling. Since this is very important to
us, we ask you please to provide some guidance.
We wish to submit maps on the portion of our property that is wear of
Deer Creek. This is a triangular parcel of approximately 100 acres
bounded by Haven on the west, Deer Creek on the east, and the Southern
Pacific railroad tracks on the north, with Base Line running through the
center of it. The densities and uses we propose are, we believe,
consistent with the proposed General Plan and with our proposed Planned
Community.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 2
We would have preferred to have our entire Planned Community completed
and approved by now, but that has not occurred. One reason is that we
have modified our plan met time in response to staff input and the
General Plan process, as well as changes in the housing market and
changes in buyer preferences. City input has sometimes been confusing,
as on the question of how Foothill Boulevard should be planned. Some
- officials tell us they envision Foothill as a true downtown boulevard,
with the type of major commercial establishments that will draw people
from other communities and bring in salsa tax revenue. Some ocher
officials and staff members say we should plan Foothill as a suburban
street resembling Foothill Boulevard in la Verne - -that 1s, a mixture of
multifamily projects and small local shopping centers, which would not
have a downtown character and would not capture any sales tax from
outside the immediate neighborhood. It is difficult to plan such an
important part of Terra Vista with two conflicting sets of direction.
Aside from that, planning a project of this magnitude is just very
complex. For instance, so far as we know, the city has not yet been
able to decide exactly where the civic center complex should be.
Apparently, it is not a simple decision. If you multiply that
decision - making process many times over, you can appreciate the
difficulty we have faced in planning a community that will be built over
the next 10 or 15 years. Any direction the City Council would care to
offer on these two questions - the character of Foothill boulevard and
.. the location of the civic center - would he appreciated. The point is
that the delays in completing our plan have not been entirely within our
control. The Planned Community will be completed in conceptual form
very won, though, and we plan to present it to city officials in early
or mid - September. '
In the meantime, it is imperative that we get started building. It was
1976 when we originally acquired and began planning Terra Vista. The
City of Rancho Cucamonga was incorporated the following year,
redirecting our planning. In the three years since, we have not been
permitted to develop any of our property, To date we have paid out, in
cash, close to $4,000,000 to carry and plan this land. This is actual
. 1 cash out of our pocket, and that figure does not include any salaries
paid to our own staff or any overhead charges. The burden of carrying
,r the property in the face of the moratorium forced us this year to obtain
a land loan so that we would not have to give up the project. Between
that loan and our original purchase obligations, we will have to pay out
$2,000,000 in cash during the coming 12 months just to meet our
obligations on the land. That 1s equivalent to more than $160,000 a
month or more than $5 300 a day. Again, these are actual cash payments
due on the property, with no income from the property to offset them.
If you add to that our accruals toward deferred principal payments that
will begin next year, the cost to us for the coming year in land carry
alone is over $4,300,000, That is over $360,000 each month and nearly
$12,000 per day.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 3
Those figures would be sobering to a company twice our size. We would
not have obtained a large land loan at very high interest rates if there
had been any alternative. Selling the property outright was an
available option, but not an acceptable one in view of our feelings
about this project. We want to see Terra Vista become a reality and we
intend to make it happen. But the property is a serious cash drain on
our company as long as it sits undeveloped. It is such an enormous
financial burden that we might have to reexamine the viability of the
entire project if we are not allowed to start building now. That would
be a great loss, not only to our company but to the. city as well.
Carrying the property is our problem, and we do not regret our
investment, but the prospect of further delay without compelling reason
is very disturbing. Among other things, we know that small delays can
mushroom into big delays. A month's delay imposed by a city, for
whatever reason, can be just long enough for interest rates to rise, or
money to dry up, or construction wages to jump, or unions to go on
strike. Ton many things can happen that will set a project back by many
months and eliminate any return on the developer's investment. We have
been patient for three years. Those with less at stake can be patient
now if they wish. We need to move ahead.
In planning the Terra Vista property, we have always had difficulty
integrating the land in this "triangle" west of Deer Creek with the rest
of the project. The main reason Is that this parcel is physically
separated from the rest of the project by the planned Deer Creek flood
control channel, which will be developed within a 120 -foot right of way.
A physical barrier like this makes automobile and pedestrian access very
difficult. People can easily walk across a street, even a major
highway, but not across a concrete lined rectangular channel. The
greenbelt, schools, community facilities, and other features of our
Planned Community cannot bridge this channel. Because of the channel,
this triangle cannot be fully integrated with the rest of the Planned
Community.
7 Also, this part of the property differs from the rest in that it is
o surrounded by existing development. There are homes to the north and
limes and mobile homes all along the western boundary, on the west side
of Haven. In planning this area, we must be sensitive to the existing
residences and try to make our projects compatible with them. This
prevents our building some of the innovative types of housing that we
plan to build in the interior of Terra Vista. While we intend to build
here to the same general design standards and using the same themes as
in the balance of the project, this triangle is not the place for very
high density uses or future housing types, because of the existing
development surrounding it. It also cannot incorporate all of the land
use features of the project as a whole because of the physical
separation. We will therefore build to more conventional development
standards Within this area while at the same time introducing the
concepts that will distinguish Terra Vista.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page
This triangle is an area of transition from the existing part of town to
the new planned communities. It is worth noting that, north of Terra
Vista, the area west of Deer Creek is not included in Victoria either.
Both planned communities proper begin at Deer Creek and go eastward.
The area west of Deer Creek cannot be fully included in then because of
the existing development in and around it and because of the barrier of
the channel.
From our company's point of view, the area around Haven and Base Line is
a very important entrance to our Planned Community. For that reason, we
want it to reflect the style and themes of the entire development and we
also want it to be especially attractive. The landscaping, street
treatments, and architectural styles will be up to the standard of Terra
Vista as a whole. The physical improvements will also be sized with the
entire project in mind. Open space and recreational amenities will be
included within this triangle just as in the rest of Terra Vista.
However, this area must also act as a buffer connecting the old and new
parts of the city. Its design therefore is somewhat predetermined.
For these reasons we see no really valid reason to postpone building
here until the rest of the Planned Community is approved. While this
area should not clash with the rest of the project, nevertheless it
simply cannot be fully integrated with it. The land uses here really
have very little to do with the land uses at the other end of the
project. We see no way that our getting started here in any way hurts
the balance of the Planned Community. More to the point,, we just cannot
afford to hold up building here until the entire Planned Community is
approved.
After this month, we would have no opportunity to submit projects again
until December. That four month delay would mean over $650,000 out of
our pocket for land payments alone, with no offsetting revenue coming
in, and would in our view accomplish nothing. What we would propose to
build in this area in December would be the same land uses we propose
now. Whatever modifications the city might request in December can just
as well be requested now. Nothing is gained by a four month delay, and
our company would lose a great deal. Besides the direct costs of
carrying the property, our competitors who are being permitted to file
this month would gain a substantial advantage over us. We are not
afraid of competition, but there is something unfair when everyone is
allowed to compete except our company. School letters and sewer letters
will be allocated first to those who file during August. Thy y whm f++e
during December will go to the end of the line. Fnl. all we know. the
staff. will be so bus during December that the city will decide to skip
the December filing completely Flo arSY rar y delay us until December
in effect penalizes our company for attempting to provide a Planned
Community that will enhance the entire city. Others who did not
undertake any special planning efforts are not being asked to wait.
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 5
We are not the only ones hurt by unnecessary delays. Homebuyers and the
city also suffer. With every month of delay, inflation pushes costs
higher and financing charges mount up. We hope to provide some
f affordable housing both within this triangle and within Terra Vista as a
�¢. whole, but every month of delay makes it more and more difficult.
Once maps are filed, many months of processing still lie ahead before a
developer can break ground. To add on another four months before that
long process can even start merely raises housing costs for no good
reason. The industries that want to locate in the city require housing
that their employees can afford. They need some evidence that the
housing will be there and that the city will not push housing prices
sky –high. Ind tries may begin to look elsewhere if the _cit�-
ii _Unnecessaril bmder s ffordable housing rather than encouraging it.
Submitting these projects does not mean that we are not proceeding with
the Planned Community. We are working as rapidly as possible to
complete it. Our work has been complicated and delayed by the general
planning process but we expect completion in conceptual form very soon
and a presentation to the city in September. A concern has been
expressed to see how what we propose in this triangle will fit in with
the rest of Terra Vista. We are meeting that concern. Before any
discretionary review of these maps takes place, we will have already
presented our plan and demonstrated how the entire project fits
together. But because-an August 31 deadline for maps has been imposed,
we must submit the maps first and make the presentation shortly
afterward.
We do not believe the city has any legal authority to prevent us, or any
developer, from submitting maps this month if the maps me @t City
requirements. We are also not sure the city has authority to
unilaterally disapprove our submissions solely on the grounds that we
are trying to create a Planned Community. If we wanted to start a tract
in the center of the project, an objection would make more sense.
Starting in this one area which is separated from the rest, though, is a
different matter. We would rather not get into legal discussions, which
is why we have gone to such lengths in this letter to try to explain our
point of view. We are not trying to subvert the planning process. We
are. simply trying to work within it in a may that will not bankrupt our
company,
Our Planned Community right now is somewha analogous to the city's
_ General Plan. Both have taken longer th originally planned. The
General Plan at this point is a staff p at has not been
completed, much less reviewed or brought to public hearings. Even
though the General Plan is not finished, builders are being allowed to
file maps. Staff members have said that they intend to recommend
approval of projects if they are consistent with the General Plan draft,
which will not be completed until early September at beat, after
builders' maps have already been filed, Similarly, our Planned
Community will not have been through any public hearings in September
The Honorable Philip Schlosser and
Members of the City Council
August 19, 1980
Page 6
but it will be complete in conceptual form at least, with the balance to
follow shortly thereafter. By the time any action is taken on the
projects we submit in August, the Planned Community will have been
completed and submitted. In other words, we are not putting the cart
before the horse any more than the city itself is doing.
With all of this in mind, we ask the Council to clarify its position.
We hope the Council agrees that we should be able to proceed with these
projects in advance of the rest of Terra Vista. It is of vital
importance to our company.
Thank you for giving this your consideration.
Very truly yours,
CIS Ij` /i 'i�
Kay Matlock
Project Manager
KM:gk:2082b
cc: Lauren M. Wasserman
Jack Lam
CITY COUNCIL MINTUES
Regular Meeting
1. CALL TO ORDER
The regular meeting of the Citv Council was held in the Lion's Park Community Center,
9161 Base Line Road, Rancho Cucamonga, on Wednesday, August 20, 1980. The meeting was
called to order at 7:00 p.m. by Mayor Phillip D. Schlosser who led in the pledge to
the flag.
Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Arthur H.
Bridge, and Mayor Phillip D. Schlosser.
Also present were: Assistant City Manager, Jim Robinson; City Attorney, Sam Crowe;
Senior Civil Engineer, Paul Rougeau; Community Development Director, Jack Lam; Finance
Director, Harry Empey.
Absent: City Manager, Lauren Wasserman; City Engineer, Lloyd Hubbs.
Approval of Minutes: Motion: Moved by Frost, seconded by Palombo to approve the
Minutes of August 6, 1980. Motion carried 5 -0.
2. ANNOUNCEMENTS
a. Mavor Schlosser announced the resignation of Evan McCall from the Advisory Commission.
Council set September 17 to consider someone to fill this vacancy. Councilman Frost
suggested that perhaps we could post the announcement in several public places for a
broader public exposure.
b. Jim Robinson requested that an additional item be added to the agenda, the Terra
Vista Project. Council concurred and made it item 5F under staff reports.
C. Mayor requested that item 5D be placed before item 5A since there were so many
people present who were interested in the proposed Law and Justice Center.
d. Bruce Chitiea would be making a report on the Demens Channel bridge crossing as
item 5G,
3. CONSENT CALENDAR.
a. Approval of Warrants - Register No. 80 -8 -20 for $729,604.72.
b. Refer claim by Bonnie Luce Andrews, Kevin Luce, and Kerry Luce in the amount of
$375,000 for each claimant to the City Attorney for handling.
C. Refer claim by Connie E. Perez and Rauline T. Perez in the amount of approximately
$40,000 to the City Attorney for handling.
d. Release of T.O.P. Bond to Apple Builders, Inc. on tract 9591 in the amount of
$2,500 for the purpose of garage conversion and subdivision sign.
e. Release of the following bonds:
Erne !- A884r-- }eeneed -en- the -eeee- end- nenth- e}dea -ef- Bed- H } } }- 6enniry- 6 }nb- Be}ve.
Bwner +-- Hern }eh;- Merges- end- 6nnney. (Item removed for discussion).
Feiehfn }- perfermenee- Rend- feeed� $ }84;988
Page 2
Tract 9265: located on the south side of 19th Street and east of Carnelian.
Owner: Griffin Development Co.
Faithful Performance Bond (road) $ 92,000
Tract 9456: located on the south side of 9th Street, west of Baker Avenue
north of the A.T. and S.F. Railroad. Owner: Kingsway Construction Company,
Faithful Performance Bond (wall) $ 7,700
Tract 9002: located on the west side of Sapphire at Pumalo Street. Owner:
San Miguel Land Company.
Labor 6 Material Bond (sewer) $ 33,000
Labor 6 Material Bond (water) 21,500
Labor & Material Bond (road) 55,000
Tract 9121: located on the woughwest corner of 19th Street and Haven Avenue,
Owner: Lewis Homes of California.
Labor & Material Bond (road)
Labor & Material Bond (water)
Labor & Material Bond (sewer)
$ 70,000
21,500
12,500
Tract 9135: located on the southeast corner of Banyan Street and Hellman Avenue.
Owner: Regency Estates.
Labor & Material Bond (sewer) $ 15,000
Labor & Material Bond (water) 13,500
Labor & Material Bond (road) 34,000
Tract 9136: located north of Apricot Avenue and east of Kirkwood Avenue.
Owner: Regency Estates.
Labor & Material Bond (sewer) $ 11000
Labor & Material Bond (water) 14,500
Labor & Material Bond (road) 32,000
Tract 9189: located on the east side of Sapphire Street at Jennet Street and
Thoroughbred Street. Owner: Mark III Homes, Inc.
Labor & Material Bond (sewer)
Labor & Material Bond (water)
Labor & Material Bond (road)
$ 31,000
34,500
77,000
Tract 9194: located at the northwest corner of Arrow Route and Turner Avenue,
Owner: Arnold D. Anderson.
Labor & Material Bond (road)
$ 15,000
Tract 9223: located on the northwest corner of Banyan Street and Sapphire
Street. Owner: Mark III Homes. Inc.
Labor & Material Bond (sewer)
Labor & Material Bond (water)
Labor & Material Bond (road)
$ 25,500
25,500
59,000
Tract 9256: located on the northeast corner of Hillside Road and Bervl
Street. Owner: R. L. Sievers and Sons, Inc.
Labor S Material Bond (water) $ 29,000
Labor d Material Bond (road) 45,000
f. Award of bid for Industrial Tractor: It is recommended that Turner, Inc., 5072
Mission Blvd, Ontario, be awarded the bid at $27,341.96.
t,---Agreecent- for- Heintenence -ef- Sloes - Highways- }n - the -Eitye (Item removed from the
Consent Calendar for discussion).
h. -- Approval -ef- Rev}e ien -ef- rates - for- Tref fit - EiEnn}- Ne }neeneneel-- }l- ie- eeeemmended
the!- Eennei }- approve- the - requested - }0- end- } ?_pereent- role - }Harasser €er -F }see}
year- }98E -8 }- far- E }sne }- He }nteneneer -Ens- (Item removed for discussion).
j. Acceptance of Maintenance Band for Tract Map No. 9440 and Tract No. 9434: Owner:
Chevron Land 6 Development Co.
Maintenance Guarantee Bond (9434) $ 6,400.00
Maintenance Guarantee Bond (9440) 6,402.48
Motion: Moved by Palombo, seconded by Frost to approve the Consent Calendar with
the deletion of items e, g, and h. Motion carried 5 -0.
DISCUSSION OF CONSENT CALENDAR ITEMS.
Item e: Tract 8884: Mayor Schlosser had requested the item be removed since there
were some drainage problems. He said staff was aware of the problems and was looking
into the matter. Council concurred that this item should be brought back for approval
after the problems had been corrected.
Item g: Agreement for Maintenance of State Highways in the City: It is recommended
that Council approve the agreement to allow the City to obtain reimbursement for
street sweeping and weed abatement performed by the City on Foothill Boulevard and
Haven Avenue.
RESOLUTION NO. 80 -79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING
AMENDMENT BY CITY OFFICIALS OF SECTION I AND J
OF AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS
WITHIN THE CITY OF RANCHO CUCAMONGA.
RESOLUTION NO. 80 -80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
AGREEMENT FOR MAINTENANCE OF STATE HIGHWAY
IN THE CITY OF RANCHO CUCAMONGA.
Councilman Mikels had requested the item be removed. He asked which account would be
used for the reimbursement and how long would it take? He expressed that this should
come before Council for approval at that time.
Paul Rouveau said this would probably come to Council through the budget process. Sam
Crowe pointed out that, as with any change in an agreement, before any expenditure
Of funds is made, Council has to be notified and approval given.
No Action was taken by Council.
Page 4
Item h: Councilman Mikels requested the item to be removed. He wanted to know when
the last increase had been granted. Mr. Rougeau said it was a year ago. Mikels
stated that he did not feel the amount was out of line; he simply wanted to know how
long ago the last increase had been granted.
Motion: Moved by Mikels, seconded by Palombo to approve the rate increase of 10 and 12
percent for traffic signal maintenance for the Fiscal Year 1980 -81, Motion carried
5 -0.
4. PUBLIC HEARINGS,
4A. REFUSE CONTRACT AND ORDINANCE. A contract and ordinance for the purposes of award-
ing a franchise for refuse service in the City of Rancho Cucamonga.
Deputy City Clerk Authelet read title of Ordinance No. 117 for second reading.
ORDINANCE NO. 117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE
CONTROL, COLLECTION AND DISPOSAL OF REFUSE.
Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried
5 -0.
Mayor Schlosser opened the meeting for public hearing. There being no response, the
hearing was closed.
Mikels questioned Section 3 of the ordinance. He said that the owner of the property
probably would not know of the default in payment until he was sued. Sam Crowe said
this was so. He presented some of the legal problems and said that this was the easiest
way to handle this problem.
Mikels also questioned Section 5. He said the Council had changed the word month to
week at the last meeting and was so reflected in the minutes.
Mikels also questioned Article II, Section 6 of the franchise. In paragraph two he
wanted added the words "of one year." Council discussed this for some time. There
was some confusion regarding the five year period. Mr. Crowe explained that there
would always be a five year agreement for amoritizing purposes. Council concurred in
not adding the additional wording, "of one year" at the end of paragraph two.
Frost pointed out that there was a typing error in Section 4 of the ordinance. The
word "change" should be "charge."
There being no further discussion, Mayor closed the public hearing.
Motion: Moved by Palombo, seconded by Bridge to adopt Ordinance No. 117. Motion
carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser.
NOES: None. ABSENT: None.
4B. GRADING REVIEW ORDINANCE. This is the first part of a three part program for
the development of grading control. The ordinance sets forth policy and guidelines
for review of grading plans, creates a staff Grading Committee, and provides for
establishment of grading standards.
Deputy City Clerk Authelet read title of Ordinance No. 118 for second reading.
ORDINANCE NO. 118
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR THE
DEVELOPMENT OF GRADING STANDARDS AND ESTABLISHING
POLICIES FOR REVIEW OF GRADING PLANS.
5
Motion: Moved 'nv Palombo, seconded by Mikels to waive further reading. Motion
carried 5 -0.
Mavor Schlosser opened the meeting for public hearing. There being no response, the
hearing was closed.
Jerry Grant, Building Official, answered questions raised by Council.
Motion: Moved by Bridge, seconded by Palombo to adopt Ordinance No. 118. Motion
carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser.
.NOES: None. ABSENT: None.
4C. REVISION TO THE STORM DRAIN FEE ORDINANCE. The ordinance will remove the
one acre minimum drainage fee on parcels under one acre in size.
Deputy City Clerk Authelet read the title of Ordinance No. 75 -A for second reading.
ORDINANCE NO. 75 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION
4(c)(1) OF ORDINANCE NO. 75.
Motion: Moved by Palombo, seconded by Mikels to waive further reading. Motion
carried 5 -0.
Mayor Schlosser opened the meeting for public hearing. There being no response,
the hearing was closed.
Motion: Moved by Frost, seconded by Mikels to adopt Ordinance No. 75 -A. Motion
carried by the following vote: AYES: Frost, Mikels, Palombo, Bridge, and Schlosser,
NOES: None. ABSENT: None,
Councilman Frost pointed out that there was a typo on Section 1 -c of the ordinance.
Council had determined at the last meeting to omit the words, "the greater of"
at the end of section (c).
�u. 4UNINU VKVINANGE AMENDMENT NO. 80 -01 AND ENVIRONMENTAL ASSESSMENT FOR A CONDO
MINIUM CONVERSION ORDINANCE. The purpose of the ordinance is to regulate the con-
version of apartments into ownership housing.
Deputy City Clerk read the title of Ordinance No. 119 for first reading.
ORDINANCE NO. 119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
ZONING ORDINANCE BY ESTABLISHING REQUIREMENTS FOR
THE CONVERSION OF APARTMENTS TO CONCOMINIUMS.
Motion: Moved by Frost, seconded by Bridge to waive further reading. Motion carried
5 -0.
Mayor Schlosser opened the meeting for public hearing. Addressing Council was:
Shorty. Guerra stated he was against this ordinance.
There being no further comments, the public hearing was closed
Palombo stated that he was opposed to the ordinance.
Mikels: stated he felt Sections 3 and 4 regarding relocation of residents was an
imnortnnt issue especially for senior citizens.
Council continued the discussion. Mr. Ralph Lewis, Lewis Homes, stated that the
division of Real Estate regulated condominium conversions very carefully. All
information must be turned into the Division of Real Estate before any unit could be
s'.ld.
Councilman Mikels stated he had several other questions, but perhaps he could meet with
the staff during the week to get the answers.
Council discussed when to have the next reading. Councilman Mikels wanted to table
the ordinance. After some discussion, Council concurred to set the second reading
for the September 17 meeting.
5. CITY MANAGER'S STAFF REPORTS.
(Council had previously agreed to take item 5D first).
5D. PROPOSED LAW AND JUSTICE CENTER. An oral report was given by Jim Robinson
giving Council an update on the proposed law and justice center.
Mayor Schlosser said he had received a letter from Don Hardy, President of t`=_ Chamber of
Commerce.
Mayor Schlosser opened the meeting to the audience.
Pete Amodt, 7164 Summit Street, Cucamonga. He said he had lived in Rancho
Cucamonga for 26 years and was against having the law center at that
location. He was not against having parks, but felt we should have more.
John Michaelson, 13561 5th Street, Yucaipa. An employee of San Bernardino
Countv,
Mavor Schlosser called a recess before Mr. Michaelson went into his presentation.
Recess was called at 8:15 p.m. and reconvened at 8:25 p.m. with all members of Council
and staff present.
John Michaelson said he had been appointed project coordinator for this project.
He presented an overview of the project and answered some of Council's questions.
Mayor Schlosser asked for those who wished to speak in favor of the project to do
SO. There was no response.
Mayor Schlosser asked for those who wished to speak in opposition to the project.
Those addressing Council were:
Bob Frost, Alta Loma School District Board of Trustee member.
Jeff Sceranka, Lucas Land
Dr. Norman Guith, Superintendent of the Central School District.
Katherine Bridge.
Richard Garner, Judge for the Superior Court, Upland. arrived late. He
spoke in favor of a court facility locating near a park site.
Councilman Bridge said the only opposition he had to the court's location was that
the proposed facility utilized park space and people were concerned about the need
for park land.
Motion: Moved by Palumbo, seconded by Bridge to direct staff to draft a Resolution in
opposition to the proposed justice center until the completion of the proposal is
developed. The motion carried by the following vote: AYES: Frost, Palumbo, Bridge,
Schlosser. NOES: None. ABSTAINING: Mikels (since he worked for the court).
Ralph Lewis asked Council if they could obtain some direction from the city as to
whether the new civic center would be on Terra Vista property.
5A. A COMPLAINT REGARDING VISUAL ENTRIPRISES CABLE T.V. The City received a complaint
from Mr. and Mrs. Ralph Hogoboom regarding service provided by Visual Enterprises
Cable T.V. v raquested to address Council regarding this matter.
Ralph Hogoboom, 6439 Vineyard Avenue, Alta Loma, made the presentation.
Also speaking were: Julia White and Ann Ricke.
Ruth Sutton from Jim Lloyd's Ontario office, said that if the city would write a
cover letter to the letters which the Hogobooms had, she would see they were forwarded
to Jim Lloyd. Each company had to come before a special hearing board every year in
order to have their license renewed. Jim Lloyd had a special liaison for such things
as this who could investigate this and be present at the hearings.
Mr. Empey suggested that the city proceed with the franchising of the cable T.V.
companies so that the city could have control of such problems.
Council concurred and directed staff to prepare the necessary letter for Jim Lloyd's
office.
Mayor Schlosser called a recess at 10:10 p.m. The meeting reconvened at 10:15 p.m.
with all members of the Council and staff present.
5B. SISTER CITY INVOLVEMENT. Jim Robinson made a presentation to the Council.
Mr. Bob Sutton gave a brief summary of a meeting which he had just attended in San
Diego regarding the Sister City programs.
Motion: Moved by Bridge, seconded by Palombo to direct staff to prepare a Resolution
to join in a sister city relationship with the city of Hamilton, New Zealand. Motion
carried 5 -0.
5C. FINANCIAL TASK FORCE. Staff report was presented by Jack Lam
Motion: Moved by Bridge, seconded by Mikels to call a work session of the Planning
Commission and Council to set up some of the specifics, goals, members of the Task
Force. Council to have the authority to appoint all members. Motion carried 5 -0.
Ken Willis said that this should proceed at once and not wait any longer.
Council set September 13 at 8:30 a.m. for the first meeting. Place to be announced
later.
5E. AN ORDINANCE AND RESOLUTION REGARDING THE EMPLOYER -PAID P.E.R.S. Harry Empey
made the staff presentation.
Motion: Moved by Frost, seconded by Schlosser to adopt Resolution No. 80 -81. Motion
carried by the following vote: AYES: Frost, Bridge, Schlosser. NOES: None.
ABSTAINING: Mikels and Palombo. Deputy City Clerk Authelet read the title of Resolution
No. 80 -81.
RESOLUTION NO. 80 -81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, OF ITS INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA.
VISTA PRESENTATION. Sack Lam presented the staff report.
SF AN AnDFD TTF-4, TERRA Lewis Homes, Inc. wanted permission from Council to submit tract maps and site plans
during the month of August for a portion of the Terra Vista property. They stated
that they needed to proceed since holding unto undeveloped land was very expensive.
Speaking for Lewis Homes were:
Ray Matlock, Project Manager
Ralph Lewis
Council concurred that Lewis Homes could proceed with filings for the triangular
parcel of land of approximately 100 acres bounded by Haven on the west, Deer Creek on
the east, and the Southern Pacific railroad tracks on the north, with Bar Linn r
through the center.
5G. ADDED ITEM: DEMENS CHANNEL REPORT BY BRUCE CHITIEA.
An oral report was made by Bruce Chitiea as to the costs of constructing a bridge
across the Demens Channel for pedestrians and to be used also as an equestrian and
bike trail. This would be built so people would not have to go to either Sapphire
or Carnelian Streets which are dangerous. The purpose would be especially for the
school children crossing to go to the Floyd Stork School.
Council received the report with thanks to Mr. Chitiea and with directions to staff to lw,k
into the liability problem and how the schools were able to leave openings in their
fence.
6. CITY ATTORNEY'S REPORTS. There were none.
7. ADJOURNMENT.
Motion: Moved by Palumbo, seconded by Mikels to adjourn. The meeting adjourned
at 12 midnight.
Respectfully submitted,
t � uz";�
Beverly Authelet
Deputy City Clerk