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HomeMy WebLinkAbout1988/08/17 - Agenda Packetr i t{• S lJ ■ � ^5' CITE' COUNCIL AGENDA CI'rY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd W^dnecdays — 7 :30 p.m. Auguac 17, 1968 Lions Park Community Center 9161 Base Line Road Rancho Cucamonga saA City Councllmembers Denis L. Stout, arse. Pamela J. Wright, sr.rrv�rr. Deborah N. Brown, c... am.Ov Charles J. Buquet, e...rJwrwA. Jeffrey King, c... fwrwM • A r Lauren M. Wasserman, cm tt..Te, James Markman, coe..,.., Beverly A. Authclet. cu, cas Gt7 Odicr. 989.1851 Lbms Park: 980.3145 .i' H ,I -a City CounciL Agenda August 17, 1988 R: z: ADDKIM City Come 1 A ends August 17 1988 - 7330 P.M. Lima Park Coauaity Center 9161 Ease Line Road Rancho Cueso mga, California ' The following consent caleudar its is to be added to the agenda for the August 17, 1988 City Council Meeting. 1. Approval to designate the Assistant City Manager to process and consent to the substitution of subcontractors pursuant to the public contract code. RESOLUTION NO. 88 -519 A RESOLUTION OP THE CITY COUNCIL OF THE CITY Of RANGED CUCAMONGA, CALIPORNTA AVIHORIt1HG AND DIUCTING THE ASSISTANT CITY MANAGER TO PROCESS AND, IP APPfOPRIATE, CONCENZ TO THE SUBSTITUTION Of SUBCONTRACTORS PURSUANT TO THE CALVOR6.A. 003TRACT CODE R: w t r n1m nn n A vnnn r.r,n • .1n.11 A v 1477 DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Assistant City Manager SUBJECT: DELEGATION OF AUTHORITY TO ASSISTANT CITY MANAGER FOR SUBSTITUTION OF SUBCONTRACTORS ON FJ3LIC WORKS PROJECTS RECOMMENDATION: Staff recommends that the City Council approve the Resolution grant n allt Pity to the Assistant City Manager to approve substitution of subcontractors in accordance with the California Public Contract Code. ANALYSIS: The public contract code provides specific authority for su US—R-- of subcontractors pursuant to the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Sections 4100, et seq. The law requires that the substitution must be approved, in advance, by the awarding authority (City Council) or a 'duly authorized officer'. In the last five years, there have beer, very few requests for substitution of subcontractors; however, due to the pi sent lack of delegation of authority, all such requests must be approved by the City Council. We have recently encountered a situation in which a subcontractor either desires to be relieved of its subcontract or is unable to perform the subcontract. Unfortunately, due to the present status of the substitution procedure, we must prepare the matter for a City Council agenda which may extend the contract performance schedule for a period of three to four weeks, thereby delaying our project. In order to pruvlde a more rapid 'turn around' for requests for substitution of subcontractors, it would appear appropriate for the City Council to delegate the uthority to approve substitutions to the Assistant City Manager. This would shorten the timeline for approval of such substitutions to, approximately, ten days. Moreover, the requirements of the Public Contract Code with respect to approval of a substitution of a subcontractor is rather straightforward and authorizes such substitution only in certain circumstances. Those circumstances include such matters as failure of the subcontractor to execute a contract, bankruptcy of the subcontractor, inability to perform the subcontract or inability to meet bond requirements, clerical error to the listing of the subcontractor, a subcontractor not being licensed as required by the Contractor's License Law or unsatisfactory performance or delay by the subcontractor. Accordingly, we believe that the substitution process is, essentially, a ministerial one not necessarily requiring thoroughgoing analysis by the City Council. Stated otherwise, when specified facts are STAFF REPORT O p p RECOMMENDATION: Staff recommends that the City Council approve the Resolution grant n allt Pity to the Assistant City Manager to approve substitution of subcontractors in accordance with the California Public Contract Code. ANALYSIS: The public contract code provides specific authority for su US—R-- of subcontractors pursuant to the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Sections 4100, et seq. The law requires that the substitution must be approved, in advance, by the awarding authority (City Council) or a 'duly authorized officer'. In the last five years, there have beer, very few requests for substitution of subcontractors; however, due to the pi sent lack of delegation of authority, all such requests must be approved by the City Council. We have recently encountered a situation in which a subcontractor either desires to be relieved of its subcontract or is unable to perform the subcontract. Unfortunately, due to the present status of the substitution procedure, we must prepare the matter for a City Council agenda which may extend the contract performance schedule for a period of three to four weeks, thereby delaying our project. In order to pruvlde a more rapid 'turn around' for requests for substitution of subcontractors, it would appear appropriate for the City Council to delegate the uthority to approve substitutions to the Assistant City Manager. This would shorten the timeline for approval of such substitutions to, approximately, ten days. Moreover, the requirements of the Public Contract Code with respect to approval of a substitution of a subcontractor is rather straightforward and authorizes such substitution only in certain circumstances. Those circumstances include such matters as failure of the subcontractor to execute a contract, bankruptcy of the subcontractor, inability to perform the subcontract or inability to meet bond requirements, clerical error to the listing of the subcontractor, a subcontractor not being licensed as required by the Contractor's License Law or unsatisfactory performance or delay by the subcontractor. Accordingly, we believe that the substitution process is, essentially, a ministerial one not necessarily requiring thoroughgoing analysis by the City Council. Stated otherwise, when specified facts are M CITY COUNCIL - AGENDA August 17,- 1988';'y; •' Page 2 v i given and the subcontractorts unable to refute them or wishes to agree to the j substitution, the matter may be accomplished in relatively short order' , However, requiring the processing of such requests through the City Council;' results in delay in the process thereby creating problems in the field. - P Respectfully submitted, • Y • e t Jack Lam, A1LP Assistant City 8anager JL/ kap Attachments: Resolution a 'x RESOLUTION NO. �FS Jf"I i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORiZING AND DIRECTING THE ASSISTANT CITY MANAGER TO PROCESS AND, IF APPROPRIATE, CONSENT TO THE SUBSTITUTI03 OF S116CONTRACTOAS PURSUANT TO THE CALIFORNIA PUBLIC COHTRA�`T CODE. A. Recitals (i) California Public Contract Cade Section 4017 provides, in pertinent part, that no prise contractor whose bid is accepted may substitute any person as a subcontractor in place of subcontractors listed in the original bid except upon consent of the awarding authority or a duly authorized officer of the city. (ii) California Public Contract Code Sections 4100, et seq., provide specific parameters for determining the propriety of permitting the substitution of subcontractors on public works projects. iiii) The City Council desires to provide a more timely method of resolving subcontractor substitution requests in order to insure that public projects are cnmpletnd on a timely basis. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOM, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine and resolve as follows., Resolution. 1. in all respects as set forth in the Recitals, Part A, of this 2. Pursuant to the provisions of California Public Contract Code Section 4107 the City Council hereby designates the Assistant City Manager or the City of Rancho Cucamonga as the 'duly authorized officer" to act on behalf of the City of Rancho Cucamonga with respect to any requests for consent to substitution of subcontractors on public works projects. 3. The Assistant City Manager shall, in considering requests for substitution of subcontractors, comply with all requirements of the California Public Contract Code with respect to substitution of subcontractors. 4. The City Clerk shall certify to the adoption of this Resolution. ADOPTED and APPROVED this _ day of 1988. Mayor I, Beverly Authelet, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the C ty Council of the City of Rancho Cucamonga held on the _ _ day of 1988, and uas finally passed at a regular ,s PACE City Council Agenda August 17, 1988 1 1 d All iteas avbnittvd for the City Council Agenda seat be in writing. She deadline for submitting these items is 5 -00 p.m. an the Wednesday prior to the meeting. She City d Clerk's Office receives all such item. A. CU.L To ORUER 1. Pledge of Allegiance to Flag. 2. Roll Calls Brow , Buquet __, Stout Bing _� -, and Aright _. B. ABNOUwCE- f11FS/f9RSEMSAS10Y9 1. No item submitted. C. COSSM CALENDAR She following Consent Calendar item are especteA to be routine and non- controversial. They will be acted upon by the Connell at one time without discussion. Any itm may be removed by a Couneilumber or caber of the audience for discussion. I. Approval of Minutes- July 20, 1988 2. Approval of Warrants, Register Nos. 8/3/88 acs 8/10/88, 1 } and Payroll ending 8/4/88 for the total amount of $2,423,789.68. 3. Approval to amend the Public Employees Retirement System 11 Contract (CO 188) to provide the increase in the 1959 Survivor Benefit provision. RESOLUTION NO. 89 -504 }.p A RBSOLUfION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREHBNI SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA 4. Approval to use temporary personnel for mapriug update 14 services during fiscal year 1988/89 in the amount of $15,000 to be funded from Contract Services Account No. 33 -4130 -6024. �ti City Council Agenda August 17, 1988 rAat: <: 2 5. Approval to 'ionfirm a City Council decision rude on 15 August 3, 198b :or an appeal of Planning Commission : conditions ralatiog to Environmental Assessment and ,t Developsnnt Reviey 88 -03 - Smith. RESOLUTION NO. 88 -505 28 ` A RESOLUTION Of THE, CITY COUNCIL OF THE , CITY OP- RANCHO CUCANONCA, CALIFORNIA, APPROVING A REQP88T POR A DEVELOPMENT REVIEW, NUNBER 88-03, TO FERMTT A 20 -UNIT, _rti ApARMUT COMPLEX OH 1.08 ACRES OF LAFD IN THE'16:UIUN -RTCB RESIDENTIAL DISTLICT AND LOCATED AT TRd TERNMEW OF SIERRA NAURS AVENUE AND WK STEM - APN 207- 251-22 6. Approval to accept Offers of Dedication from Parcel Maps 31 479, 3534, and from the County of San Bernardino Book 8651, Page 555 for Street, Highways and Related Purposes, offered as Ridgaviev Avenue (60 feet vile) a north /south street located vest of Haven Avenue and north of Hillside Road. RESOLUTION N0. 88 -506 32 '{ A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ' ACCEPTING A 60 -TOOT DEDICATION ON RIDGEVIEM AVEL "OE AS OPsERED FJR STREET, 'IGHYAT AND RELLTED PUBPOSSS 7. Approval to autborise tho advertising of the "notice 33 I viting S'6se for the Etivanda I Street Rebebilitatioa - Pecan Avenue, located off Victoria Street and cart of Etivanda Avenue to be funded troy coo Tar 2107 - Account No. 09-4637 -8702 and toe Etivanda II 9 -T0et rehabilitation I -Vrovement Projects Catalpa Street and - erocs ►tree[•, off East Avenue and south of Highland Avenue to be funded from Gas Tar 210 - Account No. 09- 4637 -8703 to be advarLised as one project. x_vGS: i 41�' PAGE AWCi t7 Cvuacil Agenda August 17, 1488 3 uy� RESOLUTION NO. 88 -507 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP. RANCHO CUCAMONGA, CALIFORNIA, APPROVIN0'PLANS AND SPECIFICATIONS FOR { „ T3E "ETIWANDA I STREET REHABILITATIOi- n PECAN. AVENUE AND ETIWANDA,.II STREET p REHABILITATIMT - CATALPA STREET AND CROSS `S"eti STRESTS' IHP80VRHSKT PROJECT ", IN SAID CITY AND AUTHr i21NG AND DIRECTING THE CITT CLERK TO ARTISE TO RECEIVE BIDS 7.��%'• I S. Approval to "Lhr_ ua the advertising of the "Notice 38 Inviting Bids" for the Ninth Street Rehabilitation a Improvement ?rojact, lamed betvean Vineyard Avenue and i� Baker Avenue to be funded from Gas Tar, Account No. 09- ¢v¢Y..'' 4637 -8815. RESOLUTION NO. 88 -508 39 A RESOLUTION OF TI01 CITY COUNCIL OP THE CITY 0? RANCHO CUCAMONGA, CALIFORNIA, 5 APPROVING PLANS AND SPECIFICATIONS PON THE "NINTH STREET REHABILITATION ", IN SAID CITY AWO AUTHORIZING AND DIRECTING , THE CITY CLERK TO ADVERTISE TO RECEIVE i t BIDS ra,. 9. tppruval to avard the Crove Avenue at 8th Street and 43 Atchison, Topeka, and Santa Fe Railroad crossing Lnprovereut Project to Vance Corporation for the amount o! $183,626.00 to be funded from System Development Puvd, Account No. 22- 4637 -8751, F.A.U. Sect. 3, Account No. 17- 4637 -8776, and TDA, Article 8, Account No. 12- 4631 -8783. 10. Approval to avard the Replacement of White Alder Trees - 99 (Tract 11934) Ieprovezer.t Project wet of Victoria Park Lane and north of Southern Pacific Railroad to Steven Schulte Company, Incorporated, for the amount of $37,458.00 to be funded from Landscape Maintenance District No. 2 - Account No. 41 -4130 -8769 with a loan i from Beautification Funds. 11. Approval to declare as surplus a 1979 Oldsmobile 52 Cutlass, and an Elgin Sweeper, and authorize the sal* of the vehicles through public auction. n tF- PAGE City Council Agenda August 17, 1988 ry 12. Approval to execute amandmant to contract (85 -085) for 53 Code Cmforeement Representative. 13. Approval to arard and execute standing professional 61 service agreements with J. P. Kapp and Associate* (00 88 -131), Rackett and Kramer Surveying, Incorporated (OD 88 -132), and Asaoclated Engineers, Incorporated (0088- 133), for design and construction aurveyiuE staking, not to exceed $;,,000.00 per design or construction survey project, and with '!chanter Dixon Associates, Incorporated (00,88 -134) and Richard tulle Associates, Incorporated (00 88 -155) for design and construction soils and materials testing, not to exceed $3,000.00 for each design or construction testing project. 14. Approval to mxocuts contract (CO 88 -136) fcr the 63 Sapphire Trail Landscaping and Reconstruction Improvemont Project South of Banyan Street awarded to Joe Hale Construction Company for the amount of $89,800 081,596 plus IOS contingency) to be funded from Reautificatio* Fund, Account No. 21- 4647.8729. 15, 1pproval to execute agreement (CO 88 -137) for contract 64 services with McAllister for computer system development is the amount of $5,000 to be funded from contract services Account No. 33 -4130 -6028. 16. Approval to execute contract (CO 88 -138) for computer 67 off -site storage with Dctavault In the amount of $2,400 to br funded from contract services Account No. 33 -4130- 6028. 17. Approval to execute Contract Mange Order No. 4 (00 87- 69 21) for Professional Services Agreement with Novrio- Repke, Incorporated, to p'rform design administrctiou services for various projects. It is recommended to expand their contract by $22,636.55 for the Cucamonga _ f Storm Drain, Phases I add II, Denman Storm Drain, AD 82 -1 and Churcb- Hermosa Storm Drain projects, to bring their contract total to $109,111.20 to be pain from project fuaJa indicated on said Change Order. 18. Approval of Contract Change Order No. 3 (W 87 -20) with 78 rou Greek and Associates for add ional and continuing design administraticm, Caltrans .rdination, and plan checking services for the Foothill Boulevard /I -15 Intrrchanga Modification Project. She amount of this Change Order is $9,000.00, brlaging the total of the contract to $18,500.00. ry d� n PACE niiy On.meil Agenda August 17, 1988 5 19. Approval to release Impravemeut Agreement and 7,gtovsaent • d Improvement Security submittai by Luther Alkhaocb, aFprovad by City Council on May 101 1987' and Approval of Improvement Ag"60mantt 8o ➢a Hail Estate Security, submitted by Jung 8 pa;tnerabip for Tract 10246, located ou the snutbwest corner of Hillside Road and Haven Avenue. 80 RESOLUTIOH NO. 88 -509 I 81 A RESOLUTION OF THE CITE COISCIL OF THE CITY OF RANCHO wCAMONGA, CALIFORNIA, RELEASIHC PREVIOUSLY APPROVED INPROVS)"T AGREEMENT AND I13ROVEICITY SECURITY, AND APPROVING IMPROVEMENT AGREEMENT, INROVEMENT SECURI:y volt TRACT 10246 20. Approval of TL ?, execution of improvement Agreement and 83 Improva of security for Tract 13825, located east of Hermosa Avenue, south of Finch Avow,), submitted by lot Nationwide Network Mortgage Coepmy RESOLUTION N0. 88 -510 A RESOLUTION OP THE CITY COUNCIL OF THa CITY OP RANCHO CUCAMOHCA, CALIFORNIA, APPROVING IMPROVEMENT ACRREMSNT, IMPROVEMENT SECURITY, AND FINAL MAP OP TRACT 110. 13825 11. Approval to execute Improvement Agreement and Improvement security for CUP 84 -34 piod.), located on the northeast corner of Base Line Road and Carnelian Avenue, submitted by MBNJ Ptopertics. RESOLUTION N0. 88 -511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMEMI AGREEME9T AND IMPROVEMENT SECURITY FOR CUP 84 -34 (MOD.) 22. Approval to establish conditions for prepayment and urisfac tioa of the special tag applicable to the Day Creek Co ®unity Facilities District No. 84 -1 and approval of prepayment by the State of California, Department of Transportation on parcel Dos. 8197 and 8198 in the total amount of 8109,248.54. 84 86 87 89 �^ I - August 17, 1988 /011011 City Council Agenda PACE 6 RESOLUTION HO. 88 -512 100 ` A RESOLUTION OP TIM CITY COUNCIL OF IRS CITY OF RANCHO CUCAMONGA, CALIVOHHLA, SPECIFYING cuDI•IIONS roR TEE PRSPAYIBNT OF SPECIAL TAICSS WITHIN A COMMUNITY FACILITIES DISTLICT FOR CERTAIN PROPERTY D. CONSENT ORDINANCHS The following Orddnincas have had public hearings at the time of first _eadiag., Second readings are expeeW to be routine and non- eooF.rovarsial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for 41scuasio4. 1. AN AMMHENr TO TIM VESTING TENTATIVE MAP SECTION OF THE CITY SUBDIVISION ORDINANCE TO INCLUDE THE REGULATION OP NON - RESIDENTIAL SUBDIVISIONP. ORDINANCE NO. 280 -A (second reading) 103 AN ORDINANCE OF T88 CITY COUNCIL OF THE , CITY OF RANCHO CUCAMONOA, CALIFORNIA, AMENDING SECTIONS 16.49.030 (A) AND 16.42.040 (A) OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING IO THE PROCESSING OF VESTING TENTATIVE MAPS E. ADVERTISED PUBLIC HEARINGS The following items have been advertised and /or posted as public hearings as required by law, The chair will open the meeting to receive public testimony. - 1. ENVIRONMENTAL ASSESSMENT AND SIGN ORDINANCE AMEMDENr 104 88 -01 - CITY OF RANCHO CUCAMONGA - Various amendments to the Sign Ordinance regarding neon signs and window .igns. (To be continued to September 21, 1988 meeting.) City Counctl Agenda Z/ August 17, 1988 Allor PAGE 7 ORDINANCE N0. 358 (first resdiug) AN ORDIMAN,X OF THd CITY COUNCIL Of THE CITY OF VAaCHO CUCAMONGA, CALIFORNIA, APn uvrn ina ORDINANCE AMENDMENT 88 -02, AMENLING TITLE 14 OF THE RANCHO CUCAI =G& XURICI:PAL,CODE TO MODIFY RBCULATICHS FOR NEON AHI,'WINDOW SIGNS AND ADDING PROVISIOM'40R TEMPORARY 3ICHS FOR CITY SPONSORED'SPECLAL EVENTS 2. ENVIRONHTNIAL +ASSESSMENT AND TENTATIVE PARCEL MAP 10981 105 - GOLDEN WEST EQUITY - Appeal of the Planning Commission requireuaots fors 1) full width improvements to 8th Street, 2) unmergrounding of existing overhead utilities, And 3) in -lieu fees for future undergrcueding of existing ovsrhead railroad communication lines for a subdivision of 18.28 acres of land into 4 parcels in the General Indastrial Development District, subarea No. 3, located bet -man 7th and 8th Streets, east of Mailmen Avenue - A % 209 - 171 -58. 3. ENVIRONMENTAL ASSESSMENT' AND TENTATIVE PARCEL MAP 9897 132 MEIDIPIED - WESTERN PROPERTIES - Appeal of the Planning Commission decision requiring a mtdien island withia Terra Vista Partway for a subdivision of 17.00 acres of land into 3 parcels in the Terra Vista Planned Community, Ieeated on the southeast corner of Church Street and Tern Vista Parkway - APN 1070 - 421 -06, 1077- 091-17. 4. E=1VsIMMENr PERMIT 87 -01 - &ABBY C'S - Appeal of tha 137 Planning Commission decision to modify Entertainment Permit 87 -01 for a restaurant /night club at 10877 Foothill boulevard. I S. ENVIRONW -WrAL ASSESSMENT AND DEVELOPMENT COOK AMENDMENT ,245 88 -06 - CITY OF RANCHO CUCA"t A - An amendment to Title 17, Chapter 17.0n, of the Rancho Cucamoop Municipal Code establishing minimum requirad sizes for eulti- family dwellings. 'I IV M PAGE A City Council Agenda y� 3/ August 17, 1988 8 ORDINANCE 110. 366 (first reading) 277 AN O;iDZMCE OF THE CITY COUNCIL OF THE CITY ".OP RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 17, CNAPTCR 17.08, OF THE RAHCHOI CUCAMONGA. MUNICIPAL CODE ESTAJLISHISO KMMUM REQUIRED SIZES FOR MULTI- FAHILY IWGLLINM 6. NNVIRomebra AS5f8tleNr AND I1tDUS7.RIAi. SPEr IC FLAN 279 AMENDMENT 88-01t StJBAB8e5 2 AND 3 - CITf Of RANrH0 CUCANONCA - An amendment to the Industrial Specific Plea, expanding tae boundaries of bubares 3 (General Industrial) to include portions of the area on the south oide of Arrow Route, between Hallman and Vineyard, currently located In Subarea 2 (Coastal Industrial). Modification of permitted and conditionally permitted uses may also be considered. ORDINANCE NO. 367 (first reading) 306 AN ORDINANCE OF THE CITY O"BINCIL 07 THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TNDUSTIIIAL AREA SPECIFIC PLAN AMS"HENT 8C -01 EXPANDING Th3 BOUNDARIES OF SUBAREA 3 (CSNERAL INDUSTRIAL) TO INCLUDE PORTIONS OF THE AURA ON THE SOUTH BIDE OF ARROW ROUIV, BETWEEN HELLMAN AND VINEYARD, CURRENTLY LOOCATED IN COBAREA 2 (CBHRRAL INDUSTRIAL) 7. INVIROHMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN 310 JMHDMENr 88 -03 - CITY OF RANCHO CUCAMOWCA - A request to amand Figure 5 -18 of the Etivanda Specific Plao pertaining to Community Trails. ORDINANCE NO. 3C8 (first reading) .336 All ORDINANCE OF TIM Cr-.Y COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 88 -03, AMENDING FIGURE 5.18 PERTAINIYG TO 0DMHUHITY TRAILS 8. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN 337 AMENDMENT 88 -02 - CITY OF RANCHO CUCAMONGA - A request to amend the Etivanda Specific Plan co establish a consistent wall design and setback for 'last Avenue. M t^ y _ City Council Agenda Auguot 17, 19TH t t9.- OR0I9kMGE'NO.069 (first rending) .eP;",- , ,' 347,5 X \ � AN ORD16'AM -CS OF THT CIT. COUNCIL OF TP_v CITY -01:: RANCHO- CGCAMGNG4 ,CALIFORNIA, . .`;• A;$NDNBNz -S"2, A REQUEST'TO ESTABLISH A CGNSISIENT WAIL DESIGNi AND SRTBACE FOR A A ^49T AVER i" , 7, , 7 350 7 r r r" n PAGE y• city council Ag "JA yyr� ,r August 17, 1988 10 10. ENVIROHMENTAL?ASEESSMENT AND ETIWANDA SPECIFIC PLAN 350 CITY AMENDIQNi SO-01 - ➢IRSS CITY PHO^SRTIES AND CITY OP end RANCHO CUCAMOEGA - A request to am the Piro iil) to viden Cherry Avows from the intersection of 24th Street (Summit Avenue) to Interstate 15 from a Collector Street to a Secondary Arterial$ and to designate as special design streets the abovs portion of Cherry Avenue) and the Loop goad$ and (2) to amend the trails map to relocate a portion of the equestrian trail to the north side of 24th Street (Summit Avenae) and to delete a portion sling 24th Street between Cherry Avenue to the Eastern Boundary of the City aryl to extend the bicycle trail on the south side of 24th Street from East Avenue to the eastern boundary of the City. OLDINANCE NO. 370 (first reading) 406 AN ORDLHANCE OF THE CIYY COUNCIL OF THE CITY OF RANCHO CUCAMOUGA, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 88 -01 TO HIDED. CHEERY AVENUE FROM 24TH STREET (Stn"IT AVENUE) TO INTERSTATE 15 FROM A COLLSCTOR STREET TO A SECONDARY ARTERIAL AND TO DESIGNATE AS SPECIAL DESIGN STREETS THE ABOVE PORTION OF CHERRY AVTNUEr AS WELL AS 24TH STREET ZZIWBSN THE LOOP ROAD AND CHERRY AVENUA, AND THE LOOP ROAD (EXHIBITS 1 AND 2)$ AND TO AMdND THE TRAILS NAP TO RELOCATE A PORTION OF THE EQUESTRIAN TRAIL TO INS NORTH SIM OF 24TH GIBLET (SUMMIT AVENUE) AND TO DELETE A PORTION ALONG 24TH STREET BETWEEN CHERRY AVENUE AND THE EASTERN BOUNDARY OF TIM CITY AHD TO EXTEND THE BICYCLE TRAIL ON THE SOUTH SIDE OF 24TH _ STREET FROM EAST AVENUE TO THE EASTERN BOUNDARY OF THE CITY (EXMIT 3) t P. PODLIC HEARINGS The following items have no legal publiatio, or posting requirermnts. The Chair will open the seating to receive public testimony. PACE City Council Agenda - August 1', 1988 11 1 CONSIDERATION TO AMEND SECTION 5.04.150 OF THE 'RANCNO 412 CUCAP-ONCA MUNICIPAL CODE PERTAINING TO BUSINESS LICSASES BRINGING PENALTIES INTO CONFORMANCE WITH STATE LAN. ORDINANCE NO. 21-C (first reading) 414 AN ORDINANCE OF THE CITY COUNCIL OF TBE CITY OF RANCHO CUCAMnUGA, CALIFORNIA, AMENDING SECTION 5.04.150 OF *NS SANCUO CUCAMONGA MUNICIPAL CODE PERTAINING TO BUSINESS LICEN9E91 LATE PAYMENT PERALTIES 2. CONSIDERATION OF FORMATION OF RESIDENTIAL PERMIT pARKING 415 ONLY DISTRICTS WITHIN THE CITY - lidding Chapter 10.50 to Title 30 of the Rambo Cucamonga Municipal Code to provide /for the retablishment of permit parting districts as designat.. by City Council. (Continued from August 3, 1983 meting) ORDINANCE NO. 39-C (first reading) 423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ADDING CHAPTER 10.50 TO TLTLB 10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF PERMIT PARKING DISTRICTS 3. CONSIDERATION OF PROHIBITING ChLOBOFLUOROCARBONS (CFC'S). 427 IN PROCESSED FOOD PACKAGING. ORDINANCE NO. 371 (first reading) AN ORDINANCE OF THE CITY COCNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCHO CUCAMMfCA - MUNICIPAL CODE BY ADDING A N5d CHAPTER 8.22 ENTITLED "PROHIBITION OF CBLOROYLUOROCARBON PROCESSED FOOD PACRACIN :" C. CITY MANAGERS STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for Pd4lic Luput. ' City Council Agenda e�a• August 17, 1988 5 PACE 12 x . 1. ANENDNENTS TO YIREiIORLB BALMS ELIGIBILITY LIST- 428 Consideration of amendment• to the Fireworks 8alaa Eligibility List which identifies those community authorised to $ell fireworks. service organisations 2. CITY -WIDE SMOKING ORDINANCE - Recommendation from the 442 Advisory Co®issioo to cane der an Ordinance permitting in facilities and areas in the City. smoking certain 3. COIRAIMIGTIONS FROM INS PUBLIC WATER PRESSURE NORTH OF 487 BANYAN BT =I. 4. REPORT ON NAW�2NARCE OUST PON WINDROW TREES - Stiff 494 will present a report on the coat of mintaining windrow trees. USE 07 CONDEMNATION TO OBTAIN OFF -SITE RIGHTS -OF -WAY FOR 497 5. TENTATIVE TRACI N0. 13812 - PULSAR - A ataYf ra9uest for City Coune it direction conrarning the use of possible condemnation proceedings to obtain off -site Street rights- of-vey associated with the developmaat of a proposed tentative tract located an the north side of Highland Avenue went of Etiwmda Avenue. Any or all costs for coudemation will be born by th) developer- APE 225 - 161 -35, 36, 37, 38, 55, 56, 61 and 225- 171 -1, 9, 10, 17. . 6. A PROPOSAL TO DESIGNATE THE wCROSSWdLL HOUSE " 9874 510 ARROW HIGHWAY A9 A LANDMARK - A small, Spanish neleetie -style boost built n !934 recoa,mnded to be incorporated in the site plan of a proposed condominium dova!opmnt. RESOLUTION No. 89 -514 525 A RESOLUTION OP THE CITY COUNCIL 0^ THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A PROPOSAL TO DESIGNATE 9874 ARROW HIGHWAY, RANCHO CUCAMONGA, AS A LANOMART. 7. A PROPOSAL TO DE9ICNATB T1D3 R0BEED9 HOUSE 7201 AMETHYST 526 AVEMUS AS A POINT' Op NISI�IC ItliRBH.9T - A craftsman influenced, single family house i¢ 'old' Alta Loss that was once a Nazarene Church on Archibald Avenue. h 3 P t AGE City Council Ag ends \ 4 13 ' AMgust 17, 1988 BBSOLUTION Mo. 80 -515 542 A RESOLUTY011 OF To CITY COUHCIL OF TOE CITY OF RANCHO CUCAMONGA' CALIFORNIA, DESIGNATE TEES APPROVING A PROPOSAL TO ROBBBDS� 7201 AMETHYST AVENUE, j �H�O��U/SNE, RANCHO CUZkM .GA, AS A POINT OF HISTORIC INTEREST DESICNATE THE Vo 01 q 544 HOUSEDu7930 0. A PROPOSAL TO AS A LANDNARR- AVENUE by [ha Thomas Family on a site proposed for an office` building. RE90LUTIOH "0. 88 -516 564 , T w � XCALIFO"NA1 `a CITY Of fII RASCHO CUCAMONGA, APPROVING A PROPOSAL TO DESIGNATE THE VDBYARD AVENUE AS A THOMAS HOUSE, 7980 LADDMARR f, t0 DESIGNATE THE STYE OF TOE STINANDA GRAPE OF 566 9. A PROPOSAL PPDDOCTS COMPANY 9J70 gTINAMDA AVENUE AS A POINT vinep oa the site of HISTORIC INTEBSSS ' A family -ownd • future vastnvater reclaoution plant. iVy { RESOLUTION NO. 83 -517 590 A ABSOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, G SITE ETIM DA CRAPS G PRODUCTS OF THE AS A POINT OF HISTORIC INTEREST COMPANY CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING TO 592 10 PROVIDE ENPOR15MENT IN TUB CAMONG (oSDTNANCE No• 372) OH $ELECTIO H6 COUNCILMBlmER TO 8IT N 593 11. SELECTION OP COMNITTRB Y0R CENTRAL PARE RB U83T POR P80POSAL6 RPP S + TO DESIGNATE TFDS CITY TO PROCEED WITS SALE 594 12. CONSIDMPATION OP CERtI ➢ICATES OP PAATICIPASION TO RePINANCE (BMRAL PARR PURCBASE ACRHeNBNT. 3 Y Y pr t� PAGE City Council Agenda Augus t 17, 1988 14 RZSOLUTIOH 110. 88 -518 713 A RLIOLUTIOH OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPP.GVIRG, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE FINANCING DOCDENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREEMENT, APPROVING IRS FORM AND AUTHORIZING THE DISTR'CBOTIOH OF A PRELIMINARY OFFICIAL STATEHTNT IN CONNECTION RITE TER OFFERING AND SAY.1 Of CERTIFICATES OF PARTICIPATION RM ATDIG THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WI H RESPECT THERETO 13. CONCEPTUAL APPROVAL OF TERRA VISTA COMMIT PARRS — 1) 716 LA MISSION AND 2 FIVE ACRE CITY PART PLUS ADJALEE- 4.1 ACPE YMCA SITE. N. COUNCIL BOSnWS Tho follaaing items have been ragnested by the City Council for discussicn. They are not public hearing items, although the Chair my open the meeting for public input. 1. SELECTION OF INDIVIDUAL TO PILL THE UNEXPIRED TERM (W THE PUBLIC SAFETY C.OM4ISSION — A vacancy, created by the resignation of David Barker, term 7/17i87 to 1/17/92. 2. DESIGNATION Of VOTING DELEGATE FOR LEAGUE ANNUAL 720 CONFERENCE. 3. CONSIDERATION FOR ALLOWING STUDENT PARKING, BY PERMIT, 722 IN THE PARKING LOT AT RED HILL PARK — A report of the City Council Subcommittee regarding Alta Lome High _ School Student Parking in the Red Hill Community Perk parking lots. I I. IDSNTIFICATION OP rum FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the nest meeting. .base items will not be discussed at this meeting, only identified for the nest meeting. rA%JD-W, CouneLI'Agenda� " I August' 17,' 1988'„ 15'. ww Al CQ4i0iICATICNg FROM THR PUBLICe w This is'the time an8 place for the teneral public to address v' the City Council. Siate Lo prohibits the City Council from addressing any issee not previously included on the Agenda. The City Council may Tecelve testimony and set the suttee for ' a subsequent meeting. Comments are to be limited to five minutes pax individual. L Meeting to adjeurn to August 31, 1988, 5 =30 p.m., at Lions Park Community Canter, 9161 .use Line goad, for a vorkshop " with the Chaober of ComosrSe to discuss the Sign Ord Luance. I, Beverly A. Authelot, City Clark- of the City of Rancho Cucanouga, hereby certify that a true, accurate copy of the foregoing agdnds was posted on August 12, 1988, seventy -two (72) hours prior to the costing per A.B. 2674 at 9320 -C Base Lice Road. tl 5� , July 20, 1988 CITY Or RANCgo CUCAMONGA CITY COUNCIL MINUTES Reltular Meeting A. CALL TO ORDSE on A regular mating of the City Council of the City of Rancho Cu 9161 a net Line Wadneiday, July 20, 1988, in the Lino'e Park Comunity Center, 9181 Ba•w Lina Road, Rancho Cucamonga, California. The meeting was called to order at 7330 P.O. by Mayor Dennis L. Stout. Present were Course Llnerbers: Deborah N. Brow,, Charles J. Buquet I1, and Mayer Dennis L. Stout. Absent were Councilmembers: Jaffrey Ling and Pamla J. Wright (both were m vacation). Also present were: City manager, auren N. Wsesermun; Legal Counsel, Janes Markman; Assistant City Manger, Jack Len; City Clerk, Beverly A. Authelat; City Planner, Brad Buller; City Engineer; Russell Maguire; Coaoomity Servicea Manager,, Joeap6 Schultz; Assistant Pioance Director, Lim Stoddard; Senior Administrative Assistant, Mark R. Lorimer; Adcinfrtrntive Analyst, Diane O'Neal; and Deputy City Clerk, Debbie Adams, a a a a r a B AffiWON�3B1iPSiPiESBRA1TIfw7S B1. presentation of a ten year service pin to John Martin, Associate Civil Engineer, was nude by Lauren We,ocroun, City Manager. The pres Lieutenant Brien" year service pia to Eathy Milani, Police Clerk, was made by 2ieoer of the Sheriff's Departmnts 62. Michael vairia, associated with the ZIA, =do a presentation to Dan Closer of Stout then presented sproclame$4,000.00 on o Michael Vairin for Patrol Program- BIA'n donation $4,000.00. B3. A presentation was made to Bob Thom$ f. his Outstanding service on the Advisoy Barkerr his s outstanding tservice on the Public 9 fetybCOmmiasion -out to David aafasa -, a City Council MinuLas July 20, 1988 Page 2 s+,asaA, C. CONSENT CALENDAR Cl. Approval of Minutest June 1, June 13, and July 6, 1988. C2. Approval of Warrants, Register No'e. 7-6 and 7 -13 and Payroll ending 7 -7 for the total amount of $2,119,542.52. C3. Alcoholic Beverage License Applications fort Run Doug Kim and Jung Won Kin for Off -dale General License, Foothill Liquors, 8161 W. Foothill Boulevard. Peter S. DeJager for Off -Sala Beer and Wine Licanae, Arrow Plaza Market, 9755 Arrow Highway, fB, Chong Kim and Huony Zia for Off -Sale Beer and Wina License, The Lunch Stop, g- 9631 Business Center Drive, Suite G. Ike Eyo But and Sunny Myung Um for Off -Sale Beer and Wine License, Quality Market, 10120 25th Street. C4. Approval to execute contracts fort A. Computer maintenance with Westek Computer Services (CO88 -102), Redlands Computerland (CO88 -103), CalComp (0088 -104), Tektronix (CO88 -105), Prime Computer (0088 -106) for the total amount of $57,738.50 to be funded from contract services Account No. 33 -4130 -6028. B. Victoria Street Improvement Project from Etivande Avenue to East Avenue awarded to Bob Britton, Incorporated (0088 -107), for the amount of $159,500 ($144,979.85 plus 102 contingency) to be funded from Cam Tex 2107 Fund - Account No. 09- 4637 -8701. C5. Approval to award the bid and execute the Professional Services Agreements for: A. Construction surveying and staking of Etivands Storm Drain System, _ Line 2 -1, Phase I Improvement Project located vest of I -15, north of Victoria Street from the Victoria Basin to north of Highland Avenue and future Route 30 freeway, awarded to Hackett and Kramer, Incorporated (OD88 -108), for the amount of $11,858 to be funded from Drainage Fund - Account No. 19- 4637 -8154. B. Construction surveying and staking for the Hillside Road Storm Drain and Street Improvement Project located from Malachite Avenue to Archibald Avenue eworded to Associated Engineers, Inc. (0088 -109), for the amount of $10,530 to be funded from System Development Fund, Account No. 22 -4637 -8748 and city -vide Drainage Fund, Account No. 23 -4637 -8802. e i 4 i" u City Council'Minutee July 20, 19L8 Page 3 # C6. Approval to accept- Real, Property Improvement Coatract and Lien Agreemant > for DR 87 -59, located on the northwest corner of Fourth Street and Center Avemie, submitted by Havangata eusin:as Center II. - RESOLUTION NO. 88 -056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT COATRACr AND LIEN AGREEMENT FROM HAVENGATE BUSINESS CENTER Ii AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME C7. Approval of improvement Agreement and Improvement Security for DR 87-60, located on the vest side of Bed Oak Street, between Arrow Route and Jersey Boulevard, submitted by Martin J. Jaski, Incorporated. RESOLUTION NO. 88-457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEHENr AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 87-60 C8. Approval of Improvement Agreement Extensions fors Tract 12577 located on 19th Street between Beryl Stree, and Hellman Avenue, submitted by Nordic Development. RESOLUTION NO. 88-458 A RESOLUTION OF THE CITY COUNCIL OF TIM CITY OF RANCHO CCCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSIO4 AND IMPROVEMENT SECURITY FOR TRACT 12577 Tract 11606 -2 located on the north side of Victoria Avenue east of Haven Avewe submitted by Grupe Development. RESOLUTION NO. 88 -459 A RESOLUTION OF THE CITY COUNCIL OY THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 11606 -2 Tract 12832 located on the north side of Victoria ;ark Lane west of Victoria Windrow Loop, submitted by Wlllien Lyon Company. RESOLUTION NO. 89 -060 A RESOLUTIONi OY THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONCA, CALIFORNIA, APPROVING irir^s VSKENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12832 r 4, ■ I City Council Minutaa ,,s ! July 20, 1988"r Page C9. Approval to accept Improvemeata, Release Bonds, and file a Notice of •� t Completion fort yTracts 12642 and 12935 -44 interceptor levee and chanutl located on the P' southr it corner of Rochester and Highland Avenues. �1 Release[ Street Performance Bond $ 84,000 Accept$ Street Maintenance Bond $ 8,400 ,�• e ABSOLUTION NO. 85-461 A RESOLNT: ^" OF THE CITY COUNCIL Of TBR CITY OF RANCHO CUCAMONG- �9ORHIA, ACCEPTING THE PUBLIC IMPROYEMRHTS FOR i TRACTS 1: PI 12935 -44 INTERCEPTOR LEM AND CHANEBL AND AOTHORIi tTA; -.1 PILING OF A NOTICE OF COMPLETION FOR THE t WORE a DR 84 -12 located on the nnrLheast corner of Arras Highvsy and Etivanda Avenue. It Releaser Street Performance Need $430,000 RESOLUTION NO. 88-462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAhMG, CALIFORNIA, ACCEPTING THE PUBLIC INPROPEMENTS FOR DR 84 -12 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Tract 13027 locateJ on the southvaat corner of Btivanda and Highland Avenues. Releaaor Street Performance Bond $932,000 Accepts Street Maintanauea Band $ 93,200 RESOLUTION N0. 88-463 A RESOLUTION OF TIM CITY COUNCIL OF THE CITY OF RANCHO CUCANONG, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13027 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION Tract 13052 located on Base Line Road vest of Etivanda Avenue. Base Line Off On - Imorvsmta Site Site Releaser Performance Bonds $95,000 190,000 1,012,000 Acceptr Guarantee Bonds $ 9,500 19,000 101,200 !. City Council Minutes ' July 20, 1988 Page 5 RESOLUTION NO. 88-464 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROriYHENTS FOR TRACT 13052 AND AUTHORIZING TEE YILIHC OF A NOTICE OF COMPLETIOU FOR THE WORK 010. Approval of Nap, Improvement Agraosent, and Improvement Security £or$ aTract 1',/22 located on the northwest corner of Victoria lark Lane and Milliken Avenue submitted by The William Lyoa Company. RESOLUTION NO. 88 -465 A RESOLO"ICN OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVIM.'Ir AGREEMENT, rWWJE%Xln SECURITY, AND FINAL NAP OF TRACT NO. 13722 Parcul Nso 11222 (OH 87 -53), located on the southeast eor¢er of Sixth Street end Buffalo Avenue submitted by Oltnans Investment Company. RESOLUTION NO. 88-466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC30 CUCAMONGA, CALIFORNIA, APPROVING PARCEL NAP MANURE, 11222 (DR 87- 53) (TENTATIVE PARCEL NAP 00. 11222), IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY CIL. Approval to accept the traffic signals at the intersection of Haven Avenue at 6th Street, Haven Avenue at Jersey Boulevard, and Base Line Road at Spruco Street as complete, release brade, approve the final contract amount of 9218,984, end authorize the City Lngineer to file a Notice of Completion. REf.OLUTIOH NO. 88-467 A RESOLUTION OP THE CITY COUNCIL OF M CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TRAFFIC SIGNALS AHD SAFETY LIGHTING AT THE INTERSECTIONS OF HAVEN AVENUE AT 6TH STREET, HAVEN AVENUE AT JERSEY BOULEVARD, AND BASE LINK ROAD AT SPRUCE STREET, AND AUTHORIZING THE FILINC OF A NOTICE OF COMPLETION FOR THE WORE C12. Approval to accept the Base Line Beautificatioa Project as complete, release beads, approve the final contract amount of $45,990 zed authorize the Cito Engineer to file a Notice of Completion. i r City Council Nioucni July 20, 1988 Pago 6 RESOLUTION NO. 88 -468 A RESOLUTION Of THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TEE BASE LINE BEAUTIFICATION PROJECT AND AUTHORIZING TAS FILING OF A NOTICE OF ODH21ZTION FOR THC WORE C13. Approval to accept the Rehabilitation of various city streets south of Foothill Boulevard and east of Archibald Avenue as co!,plete, release bonds, approve the final contract amount of 8225,340.01, and authorize the City Engineer to file a Notice of Completion. RESOLUTION 90. 88-469 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE REHABILITATION OF VARIOUS CITY STREETS SOUTH OF FOOTHIIL BOULEVARD AND EAST OF ARCHIBALD AVENUE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR TEE WORK C14. Approval of the Environmental Initial Study Parts I and II for the proposed Ninth Street Widening and Paveneat Rehabilitation Project between Baker Avenue and Vineyard Avows and issuance of a Categorical Exemption RESOLUTION NO. 88-470 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, GV.IFORNLA, APPROVING THE ENVIROHMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EIEHPTION FOR THE P".OPOSED NINTH STREET WIDENING AND PAVEMENT REHABILITATION PROJECT C15. Approval of a Consultant Selection Procedure for federally funded projects through the Federal Highuny Administration. RESOLUTION NO. 88-471 A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APFROVING A CONSULTANT SELECTION PROCEDURE FOR FEDERALLY FUNDED PROJECTS THROUGH THE FEDERAL HIGHWAY ADMINISTRATION C16. Approval to advertise a Notice Inviting Bids fors City Corporation Yard Phase i Project .ocated at 9153 Ninth Street to be funded from Capital Reserve - Account No. 25- 4285 -7043. RESOLUTION N0. 88-472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOUL1, APPROVING PLANS AND SPECIFICATIONS 4 - ' ' Z- " m City Council Ninates July 20, 1988 Page 7 FOR TOR CITY CORPORATION YARD PROJECT PRASE I LOCATED AT 9153 NINTH STREET In SAID CITY AND AUTHORIZIEG AND DIRECTING THE CITY CLRR[ TO ADVERTISE i0 RECEIVE BIDS Construction of Hellman Avamua�1 Storm Drain Improvement Project from H,.ate Vista Street to Cucamonga Storm Drain to be funded from Drniwge Facilities Fund - Accou•t No. 23- 4631 -8753, i RESOLUTION NO. 88-473 A RESOLUTION OF THE CITY CWHCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVINC PLANS AND SPECIFICATIONS FOR 17tH CONSTRUCTION OF BILLION AVENUE STORM DRAIN IMPROVEMENT PROJECT FROM MOM VISTA STREET TO COCAHOHGA STORM DRAIN IN SAID CITY AND AMORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE -0 RECEIVE BIDS C17. Approval of the Article 8 Transportation Funds Claim for 1988 -89 and authorizing the City Manger to sign said Claim in the amount of $1,0599677. I� CIE. Approval to establish a Reserve Fund Balance for tree replacement in all Landscape Maintenance Districts for 1987 -88 financial statements. THIS ITEM WAS PULLED TOR DISCUSSION. C19. Approval to pav an adoitionel repayment of loan to the Redevelopment Agency in the amount of $'- 1,442.12 for 1987 -88. C20. Approval of the Annual Statement of Investment Policy for the City. s C21. Set public hearing for August 17, 1988: ° undargrounding of axiating overhead utilities; and (3) in -lieu fees for future undargrounding of existing overhead railroad coraaunicatioo lines for Tentative Parcel Hap 10981 located east of Hellman Avenue between 7th and 8th Streets. requirement for a median island within Tarr& Vista Parkway between Church Streit and Town Center Drive for Parcel Nap No. 9897 located at the southeast corner of _ Church Street and Terra Vista Parkway. MOTIONS Moved by Stout, seconded by Brow to approve the Consent Calendar, less item CIS. Motion carried 3 -0-2 (Ring and Wright absent). osssie Discussion ,f Item CIS. Approval to establish a Reserve Fund Balance for tree replacement in all Landscape Maintenance Districts for 1987 -88 financial statements. Item was pulled by Cauneilmenber Brow. City Council minutes July 20, 1988 Page 8 HDTIONN moved by Bra", secinded by Buquat D carried 3 -0-2 (fling and Wright absent). e e e a r s D. CONSENT ORDEWCBS Dl. ENVIRONMENTAL ASSESSMENT AND DEVELOP2EMr DISTR: ,;Prove Item CIS. Notion N CHO CUCAMONGA - An amendment to change Development District desigasticns as they currently exist tO Victotda Planned Community (V.P.C.) for eleven nreas uwithin the Victoria Planned Community - APN 227 -011-8 thru 111 227 -091 -49 45, 561 227- 411 -75; 227 -091-9, 26, 49, 50; 2t7 -091 -18 thru 22, 25, 431 227- 111 -1, 33, 381 221- 171 -191 227- 161 -10, 24, 25 and 227- 111 -27, 30 and 227- 171 -21; 227- 211-7, 28, 39; 229 -021 -58; 227 - 211 -3, 30 ORDINANCE 110. 361 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CP RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT NO. 88 -02, A REQUEST TO CHANCE DEVELOPMENT DISTRICT DESIGNATIONS AS THEY CURRENTLY EILIST, TO VICTORIA PLANNED COMNUNITY (VPC) FOR ELEVEN AREAS WITHIN THE VICTORIA PLANNED COMORIITY AREA D2. ENVIRONMENTAL ASSESSMENT AND VICTORIA PIAANED COMMUNITY AMENDMENT 88 -02- . CITY OF RANCHO CUCAMONGA - An auendment to annex :levee areas into the Victori- Planned Community - APH 227 -011 -08 through 111 227 -091 -04, 45, 561 227- 411 -75; ' 227 -091 -09, 26, 49, 501 227 -091 -18 through 22, 25, 431 227- 111 -01, 33, 381 227- 171 -191 227 - 161 -10, 24, 251 227 - 111 -27, 301 221- 171 -211 227 - 211 -07, 28, 391 229- 021 -58; and 227- 211 -03, 30. ORDINANCE NO. 362 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY AMBNDMENr 88 -02, AN AMENDMENT TO ANNEX ELEVEN (11) AREAS WITHIr THE VICTORIA COMMUNITY AREA TO TINE VICTORIA PLANNED COMMU6ITY D3. MUNICIPAL CODE AMENDMENT FOR CLARIFICATION OF DRAINAGE FEES RELATIVE TO ANNEE.ATIONS TO VICTORIA PLANNED COMMUNITY - An anendment of Subsection 13.08.0408 of the Rancho Cucamonga Municipal Code pertaining to the appliEstion of acorn drainage fees to properties sonexed to the Victoria Specific Plan ORDINANCE NO. 363 (second reading) AN ORDIN.INC1. OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, GILIPORHIA, AXENDING SUBSECTION 13.08.0408 OF THE RANCHO CUCAM(v1CA MUNICIPAL CODE PERTAININC TO STOaH DRAINAGE FEES .3 City Council Minutes July 20, 1988 Page 9 City Clerk Anthelat read the titles of Ordinance Nunoers 361, 362 and 363. KDTIONI Kovcd by Brow, seconded by Buq.set to waive full - reading and approve Ordinance Naabers 361, 362 and 363. Motion carrieA 3 -0-2 (Ring and Wright absent). creasA, E. ADVERTISED PUBLIC 1UQIMCS E1. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 87-41 - ALTA LONA SCHOOL DISTRICT - An appeal of the Planning Commission s — decision denying the developmnt of a school district facility coasistinC of a 10,500 square foot ' advinietra_ ion office, a 16,075 square foot transportati0U� inteoante building 7 on 5.25 acres of land in the Lev residential district (2-0 dwelling units per acre), L..;ated on the east aide of Beryl Street, scutb of 19th Street - APN;702- 041 -CI and 42. Associited with the development is a Tree Removal Permit requesting the remval of throe mturc trees. (continued from 4 -20 -7e meeting). .� Lauren Wasseraanp City Managers stated that the Alta Loma School District would like a 90-day extension. Councileember Buquet said that since the other members of the City Council wre �- r,. not presents he felt thaL it could be continued even though the Council had previomly agreed there would be ao wre ontinuancta on thra item. , Mayor Stout openad the meeting for public hearirj. Addressing Council vas: A neighbor of Kra. Cayloro, who said that she had not received a written notice from the C(typ but felt tm wake would be enough tine for the t School District to address the City Council. Brad Buller, City planner, stated that notices could be a6nt out by the end of this wok to the residents in this area. Dean Enfield, of tee Alta Lom School District, said they would like 90 dayr to explore as may options ax possible. City Couooil concurred that the entices should be sent out by the City by the ead of t.:.e week There being no further responoop Mayor Stout closed the public hearing. t. 1TIW,it Moved b7 Buquet, seconded by Brow to con. lane the item to August 3, 1988 meeting. Motion carried 3 0 -2 (Ring and Wright absent). e e a e e e G City Council Minutes July 20, 1988 Page 10 E2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 88 -06 PREZONg - TERRANCE MELCHER - A request to prexone a 96 acre portion of the San Bernardino County unincorporated ate& (ter Frescoing purposes) to Low Density Residential (2-0 dwelling units per sera) loon &ted at the nortbvest corer of Etivanda Avcnue and 24th Street - APN 225 -071 -65. ENVIRONMENTAL ASM3YINf AND DEVELVKENr AGREEMENT 88 -01- TE89ABCB MELCHER - A request to approve a Development Agreemect for development and annexation of a 96 acre portion of San Bernardino County unincorporated area (for annuxation purposes) located at the northwest corner of Etivanda Avenue and 24th Street- AVE 225 -071 -65. Staff report presented by Larry Henderson, Senior Planner. Larry Henderson, Senior Plannerp stated that there JA an annexation agreement that should have been included in the packet, but that it coild come back At the next meeting with the second reading of the Ordinance. Jack Ltm, Assistant City Managerp felt the first reading should be does tonight , and gel: the whole thing approved at the next meeting when the annexation agreement is included. Maycr Stout opened the meeting for public hearing. Addressing Council weal Cary Mitchell, 9330 Base Line Rd, who was representing the applieantp be felt that the City Council should go ahetd with the first reading tonight and bring the anrustion agreement back at the next meeting when the second reading took pIfte. + Theis Seing no further raspouse, Mayor Stout closed the public hearing. Jack Lam, Assistant City Managerp gave more information oa how •he aeexation would take place. Councilmembor Br a as* id what the zoning we vonth of this project. Bras Buller, Cic; 'lau.er, stated 0 •2. City Clerk Authelet read the titles of Ordinance Numbers 364 and 365. ORDINANCE NO 364 (first reading) .N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO f JCAMONC.A, CALIFORNIA, APIIW71MG ENVIRONMENTAL ASSESSM:Nr AND DEVELOPMENT DISTRICT Ute=XUr, DDA 88 -0c, REQUESTING TO AICiND THE DEVELOPMENT DISTRICT MAP FOR THE PURPOSE OF PRESOmING TO LOW DENSITY RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR 15 ACRE* Of LAND LOCATED AT THE NORTHWEST COINER OF STIWANDe AVENUE aND 24TH STREET W 'i 4 x; S 3'. U U :+Y L 1' 0 F City :Ouacil minutes July 20, 1988 Page 11 ORDINANCE AD. 365 (first rea,ling) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ERVIRONHENIAL 'A881:lSMENT AM) DEVELOPMENT ACREZWM 90. 88 -01 - TERRANCE =C1181t, FOR AX11SXATIOH AND DEVELOP11ENT OF A 96 ACRE PORTION 117 SAN BEiNARDINO COUNTY UKTACORPORATZD AREA LOCATED AT THE NORIMWEST CORNER OF gTTsiANOA AVENUE AND 24TH STPEET NOTION• Moved by Buquet, secm:ded by Brown to waive full reafaug of Orditance Numbers 364 and 365 and set eucond reading for August 3, 1968 seating. motion carried 3 -0-2 (King and Wright absent). Councilmember grow wanted to make the statement that she was sot thrilled With the dwelling units per acre, that it vas not consistent with the ;tivandn Specific Plan. She fait the density was too high for that ar•u. Oa the other hand, she felt that the City was going to get about the same mount of density as the Etivanda Specific Plan according to the Foothill Cot®urdty 1`laa under the County, and didn't feel we would get in a nice development. Ile stated that sbn agreed, but disagreed. tttttr Itess R3 and 94 were considered together. E3. ORDERING WORK IN CONNECTION WITH: , IANnSW9 M TNTE"HM n1TrR1fT Nn_ A — 1 Located veal of Uttea Avenue, south of Arrow Highwsyl locute.l on corner of 8th Street and Cleveland Avenue resoectf-illy. Located vest of Utica Avenue, south of Arrow Highway= locatet on corner of 8th Street and Cleveland Ave we respectfully. E4. ORDEBINd TRE_ 9EAMETATI03 OF TRACT NOS. 12402. 12363. 12672. Staff report ,,resented 6y Lauren Wass #% m. , City Manager, corner Mayor Stout opened tna meeting for public hearing. There being no response, -he public hearing was closed. City Council Minute@ 3-317 20, 1988 Page 12 RESOLUTION NO. 88.474 A RESOLUTION OF THE CITY CO3NCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORE IN CONNECTION WITH ANNEXATION N0. 8 TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 AND ACCEPTING THE FINAL ENGINEER'S REPO:tT FOR PARCEL NAP 9504 RESOLUTION N0. 88-475 A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCOWCA, CALIFORNIA, ORDERING THE WORE IN CONNECTION WITH ANNEXATION 110. 17 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 6 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR D8 87 -01 AND CUP 87 -02 RESOLUTION NO. 88-476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 21 TO LANDSCAPE MAINTENANCE DISTRICT N0. 3 AND ACCEPTING TEE FINAL ENGINEER'S REPORT FOR DE 87-41 AND CUP 81-42 RESOLUTION N0. 88-477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING INS DEANHEIATION OF WORK PROGRAM AREAS OF TRACT NOS. 12402, 12365, 12672, AND 12673 19AH LANDSCAPE MAINTENANCE DISTRICT NO. 4 MOTION: Moved by Buquet, seconded by Brown to approve Resolution Numbers 88- 474 through 88 -477. Motion carried 3 -0 -2 (Ring and Wright absent). No items submitted. * * * * r * F. PUBLIC Di .119CS * * * a * * C. CITY MANAGER'S STAFF REPORTS Gl. UPDATE Oil TINS TRZE PRESERVATION ORDINANCE - Staff vill be presenting a report on the .tatus of suture amendments to the Trae Preservation Ordinance. Lauren Wasserman, Ctty Manager, stated that Councilmember Wright has asked that this item be continued so she could be at the meeting for the discussion. PATION: Moved by Stout, secooded by Buquet to continue this item to August 3, 1988 meeting. Motion carried 3 -0-2 (King and Wright absent). .;; r City Council Hinotes July 20, 1988 Page 13 11. COUNCIL BUSINESS H1. CONSIOCRATION_ 01__SELECTION OF INDIVIDUAL TO FILL THE MEXPIRED TERN ON THE PUBLIC SAYETY COHNISSION - A vacancy created by the resignation of David $ Barker, term 7 -17-87 to 1- 17-92. v Councilmember Brown asked that' this be re- advartised in the Daily Report and that Council would announce their decision at the August 17, 1988 meeting. f r # e f # I. IDENTIFICATION OF ITEMS FOR NEE 19BTINC I1. Councilmember Buquet asked that the decision for the selection for the Advisory Commission member be announced at the first meeting in August, which would be August 3, 1988. . s #f a J J. COMMUNICATIONS FROM THE PUBLIC No communications were made. i f f f f f i E. ADJOUMMUCT ! There was no Closed Session, but Janos Markman, City Attorney, stated that the Rock Crusher briefing had been filed, which will go on for about one and one -half months, and after that tuna, there would probably be an argument filed which would occur in fall or winter. DTION: Hoved by Buquat, seconded by Brown to tdjourn. Notion carried 3 -0-2 %Xing and Wright absent). Heating adjourned at 8:20 p.m. Respectfully submitted, Debbie Adams Deputy City Clerk Approved: r M 4 LIST OF WARRANTS 1S RANCND CUCAMONGA PAGE 1 .,APPS .,ARR.AMI -_- 1 ' 4 7 4 PEn OEf ----- - - - - -- -- • ------ --- - __•___--- - - ---_ -- �r CNECK9 OVEPUP LIC 14796 -56.10 CA DATED 7/30 - DVRPPNI OF BUS 15792 - 2{686 766415 7.000.00 " 5 All FLANGES INC* CKFCK DATED t /3t /45- POfi0iHER Ii[MS C 256664 120.17 101E A N R S CK GATED 1/27 - 4020- COTE ?/37/66 - BI L DINER ITEMS CAVE ItEXf 256490 2fL90• 1135.00 175.77 .•e 16? VISA LEAGUE Of CALIF CITIES CA CK t /37 4020- C OTNE0. 4020.0040•BllS -SIRE 25612 77.17 1 {0.40 716 L6t VISA CA DATED 7124 - CK OATEO ? /39/!L - FILING FEE -FIRE 1KVOI41 14692• 79697 ,47 to 661 VISA lOt0. AGENCY FORMAl1ON CK OAll 1/29 - SAL DUE ON - 15L94 2 75.00 • s 1651 ►ll C R JAfSCNKE. INC CLEANED UUT ORAIN STORP OR /XELLnAN 2b695 27699 6.64 6.91 2679 .: 1W4 A C A APPLIANCE SERVICE ENGINEERS Stash DRAIN DESIGN FILE CAI KEY. D °F 1CCAlLE 27C 25700 29701 14661 ° 1170 A S L CLNSULTING I A -AAILE LOCK C SET 25•. 9 PIN If 19•. 25102 7 11 95.0( h' 1 ABLETROMICS ACE LOCK C KEY DUPLICATE KEY AEC SS5412/17 26101 25104 24.01 410.51 654 OFF OF SUPPLIES 1114 ACTION P7IN1 Am Rf 4l'ND CUSS 611 170!71 SERVICE! FN0 L OTHER ITEMS 2 'as f/ I, 1601 HIS. AL[KAKOER 1094 STEVEN ELLEN CO. COHINACII 14H SK XAION EKT IN O. SEC, 6{5777 15707 12.0' 12.0 •1 ALTA FIRE EQUIPMENT REFUND CLASS 51120. 61100 25105 25109 117.9 1602 YACI ALVES ANICHUCCI REFUND CUSS SOFTBALL SCOISSit"IS V 25710 125.4 ' 1600 COR01HT $19 ART ARAGON ASSET MANA4EMEhl L REF EPRAL SVC. MISSION BOBCAT N /POSINO�f COLIAOt DIS 24711 2{111 1.944.9 11.5 -� 937 L 0 EQUIPMENT RENTAL A VOLTAGE 1Ef7EA 26117 7.646 •I 1217 0 5 C K ELECTRIC TRAFFIC COPt10l OEV1:E OTCE A DAVIf 2ft14 - J 1 000•( 1`076.1 29 901 5 S I LDNSULTAN TS, INC SETiLEKENI ON CLAIM MAP' G C OIN[P 1tfXS 2}f71` ' 11 , 1650 STEVEN BANKER 4ARNE TIE 691 ENDING 1116 - COTIOm CLOTHS SIlxE. 24717 1R•I 1107 EDTiNE 71 BASWNE TRUE VALUE NlAOMARE DECKF4f61t REFUND CLASS 09WBI KAIES ' 24T1B 22: 4 315• 1607 KAY 4ENN5 BLASE FKPER C0•, INC. NAPKINS. FORKS. C OTHER ITEMS JAMITatsIl SW f /1 -7/ C CN70.T 25119 26720 10 20. 549. 1604 3001 JOHN SaI IN PAIkl C JANITORIAL 1N IS RISES INC. PR00. FS11NA1! All ARCHIBAlO SERVICED 11ONS PARK a 0 AD 2f1II N 25722 90. BIT BOP ARK 644 BOVAif PLUMBING C �COTER HEMSERSXI► DUES -B AUIHELEI C /OTME0. IPOJ4CT5 147 592, 125. 1605 C C A C ENOINEfP1NG CONSULTANIS VICTORIA /TERRA VISTA 4/2- 9/1/64 am PLOTTER L DI01_ 26724 259, 100 C.I.A. MgNT. T ASSOC C OTHER ITEMS 25727 971 CALCDHP INC INC TOE 195 920 CONCRETE RECREATION 067 21t61EN nfrSf RSMIP _CA S7AlEME T 29727 CALIFORNIA 6M ►LO ER ACCT Il 119 CALIFORNIA STATE j= 1 RANCHO ITEM DEfc& YND GLASS 01120/21,RREC 961160/ RPAYMthl F PDSIEALPROGRAM4 F SVC. OTNO PLAN CR C COO C OTHER ITERS LICK C TIGHTEN SIG C OTHER ITEMS E MAINTENANCE IND CLASS 0201, RFC. "7265 :1 1346 -PRY C DINER ITEMS ETWH 011- LANCSC C OTHER ITEMS (NESS CARDS - JEFF C OTHER ITEMS IEREEPER SOFTBALL IREN AVE AOMIMIST C OTHER ITEns PAYMENT OF BUS LIC 012590 CUCAMONGA FACE 2 NARR9 NARR.AMT. 25726 25121 25170 25721 25722 25712 25714 25715 25126 25721 26770 21729 25140 2611, ,.99 - u69 AT COYO7E CANYON 2'"9 23750 152.6p 21761 156.60 24.00 R 26702 650.00 RFC. "3970 0- 1 -LA LIST OF "RRANtS OTEf ASSIST FROG PAYEE ------------------------------------ 4,000.00 ` 1606 OIOALIS CARLSON 7. 1607 MRS. CASIILAS TIC. 612616 1626 REYNALDO IARAJAS CERVANTES Ix RE►OR1 C fTRU 25761 CLEMENT C OTHER ITEMS 1190 Oh"U1I0 TYENGINEERINGS 3ERVTCES t0.. MASS&MET 110 CCMPUTfR SERVICE CC C OTHER ITEMS 170 COMPUTER SERVICE CO 100 SIMPSON 20x0 1606 L12 COTE SIGN C BUS COME 45 CUCAMONGA CO "TER GIST OF 6L00 CFFECI as CUCAMONGA CO "TER GIST 67 CUCAMONGA PRINTING 1636 ANTHONY OE LA CEPPA I CE Y 1631 DIEN CRIER ATNLETICCCLp 60 DELTA DENTAL PLAN OF CALIF 1610 JAMES DEMATTEAS 1762 JAMES DENSON 611 EPIC DICK 1609 WE DOUGLAS 521 EASTMAN, I!:C 1611 ELLA ELCERIDOE 1100 ELITE COMPONICATION fYSIFR3 1616 MIRE FAIRER 12) FICIRAL EXPRESS 104 164 FIELDPAN TORT 1612 CARCTA SNEILI GARDINER 1611 GEFFEN CENTER 377 GENERAL TELEPHONE CO. 1679 VAST It 0IOLEA 179 CL00AL COMPUTER SUPPLIES 1697 EXTERMINATORS CASSO GOVERNMENT FINANCE 102 ASSOCIATES NTNOE 437 Fl TIES, ASSOC. 634 I C P A 691 1561 IMAGING PRODUCTS INt•L INTERNATIONAL 1640 ASSOCIATION OF 167 TNT IAN&11ONAt CONF 8100 OFFICIAL 1 RANCHO ITEM DEfc& YND GLASS 01120/21,RREC 961160/ RPAYMthl F PDSIEALPROGRAM4 F SVC. OTNO PLAN CR C COO C OTHER ITERS LICK C TIGHTEN SIG C OTHER ITEMS E MAINTENANCE IND CLASS 0201, RFC. "7265 :1 1346 -PRY C DINER ITEMS ETWH 011- LANCSC C OTHER ITEMS (NESS CARDS - JEFF C OTHER ITEMS IEREEPER SOFTBALL IREN AVE AOMIMIST C OTHER ITEns PAYMENT OF BUS LIC 012590 CUCAMONGA FACE 2 NARR9 NARR.AMT. 25726 25121 25170 25721 25722 25712 25714 25715 25126 25721 26770 21729 25140 2611, ,.99 - u69 AT COYO7E CANYON 2'"9 23750 152.6p 21761 156.60 24.00 R 26702 650.00 RFC. "3970 2$107 60.00 OTEf ASSIST FROG 7{I55 4,000.00 7 C Of HER ITEMS 25706 161.93 MT CFO STAND 2/757 25150 .39.30 TIC. 612616 25769 30.49 45,00 Ix RE►OR1 C fTRU 25761 11.212.16 C OTHER ITEMS 2jI63 900.00 340.60 t0.. MASS&MET 26764 230.00 C OTHER ITEMS 2f765 1.060.29 100 SIMPSON 20x0 25766 167.29 SIGN C BUS COME 25767 260.00 OF 6L00 CFFECI 20760 2{0.00 l F-sf x 1 i +l a- 1 -68 LIST OF WARRANTS RANCHO CUCAMONGA PAGE 7 PAYEE --------------•-------•--------`-•---•-•--•--------••----•_----------------------------------- IT[" DESCR NARR4 AARR.AMI. }°� 149 L 0 AIMG MAVEN AVE C BASELINE RD TRAFFIC $10 25769 2,420.00 1617 KNOB COMPANY ADOITIONAL DUE fOA SNIPPING 26710 6.00 1218 KNDK KEY BLANK IDIC 4PIN, C DINER 1TENS 25711 87.40 1212 L C L TOURS MIDEVIEL TINES C 0199 C OTBEN ITEMS 25772 624.90 i - 161t MRS. LANDS REFUND CUSS 07121, AEC 56749 C 64 28777 24.00 1641 SUE LAWSON REFUND CLASS ++140. NEC 054026 25774 20.00 �. 767 LEAGUE OF CALIF CITIES REGISTRATION -PAULA PACMOM 26775 115.00 1642 BONNIE LEVY REFUND NEC 061648, CLASS 9041 20TT6 20.00 1661 LOCAL AGENCY FORMtlION IUCO FEES 25777 600.00 K 300 LOS AAOEtff TItE3 SERVICE FROM 6/21 TO 8/,2180 25716 10.67 5 M C M CERTIFIED COURT REPORTERS T.A. RIVARD VS CITY OF IAN COCA 2%779 241.15 1645 N M A S C - JIB LIBRARY MEMBERSHIP TO NMASC FOR ADNIN ASST 25780 10.00 1644 M N SE FVI CFS WILD SPRING ON CHILD$ WORST "CASE 20781 40.00 112 MAC LACHLAN, BURFORD C ANDS ANNETTE COLE 20782 1,176.98 1641 MAINTENANCE SUPERINTENDENTS ANNUAL DUES FOR 1968/49 (2) 25761 40.00 1647 SHAWN MATCHAM PLAYGROUND PROGRAM COYOTE CANYON 2 6744 102.40 aaa WANDA MC QUIRE SOFTBALL SCOREKEEPER 28765 10.00 1646 MESSENGER INVESTMENT CO. OVERPAYMENT OF FEES 85- 9149 25786 52.60 889 JASON MEYEA SOFTBALL S[OAEKE[PEa :5117 47.76 602 TAT MCYER SOFTBALL SCOREKEEPER 25768 120.00 162t ISSAC MIZA REFUND CLASS 47120 REC 415178 25769 12.00 T49 HIJAC ALARM COMPANY LIONS CCMM CNTR -FOLIC C OTHER ITEMS 25190 1,008.00 1620 GEREMT HOLIER REFUND Cuff 87120, AEC 455 12 2579) 12.00 1623 KRISTEN IORREII REFUND CLASS 87121, REC 856766 25792 12.00 1141 CHEARICE MULLGRAV CGMPU)IR INTIRH PAYMENT 25191 170.00 1228 N R P A PUBLIC C PAOFESSIONAL MEMBERSHIP 26794 64T.2f 1626 tART NADERI REIMOURSEMENT -PROF ENG CERTIF TEST 25795 60.00 1206 NAT -L BUSINESSNMENS LEAOERSMIP PAYP.NT FOR SEMINAR ON SEPT 8 20796 118.00 1619 MAC NAU6HTIM REFUN9 CLASS 87121, REC 455161 25191 12.00 211 NEMAK INC. RENT L' GARDNER FOR AU C OTHER ITEMS 23798 4,490.80 712 MORRIS- REPKE. INC. CHURCH- MERNOSA STORM C OTHER ITEMS 25199 IO;a+9J5 1231 DINE D'HEAL CASH ADVANCE - SAN JOSE AUG 16 25800 50.00 1621 D'SULLIVAN CONFAT.Y BANNERS OVERPAYMENT OF BUS. LIC. 415121 25601 10.00 1626 1466 JUDY OLSEN OMEGA SISTERS SUPPLY REFUND CLASS 69046 age. 54090 26802 20.00 1624 TAYLOR ONO N E C PRINTER alladMS REFUND CLASS 87120. REC 056782 2SaOS 25304 60.42 12.00 1224 997 CRANGE COUNTY STRIPING SVC. INC. P I P PRINTING 4^ SKIP. a^ SOLID ARAONS, LAYOUT 25605 405.19 SEN104 HO..IMD DIAICTORT 29306 2a.41 791 P.M 1. DENIAL HEALTH PLAN CEMTAL - AUGUST GROUP 01276 25307 $21.60 229 1652 PACIFIC PRODUCTS INC. PANNON dEVFLOPPENT DEEP ROOT ARBOR CARD C OTHER ITEMS 25806 816.82 DESIGN C CO. 4FU14ABLE NONUM DEPOSIT, IN 12914 26009 5,100.00 x 1 i 17 1.Y . . 424 UN I 1226 UNITED PARCEL $ERV 1191 VALLEY CREST LAWS 661 VANCE CORPORATION 478 CARL NARREN C CO 290 WELLS �FARGONLEAST' I 1633 NOMENS PSYCHOTNERI ER IT" DESCR .� RANCHO CUCANCN6A PACE 4 NAGA, NARR.APT. --------------------------- X119 25610 512.07 It, 25811 IT- 9070.70 iR ITEMS 25812 R 11605 25811 40,664.87 ;R ITEMS 25814 67.78 NOTES 2561$ 105.16 14/18 21816 24.00 25617 60.00 SIC. 610711 FOR JON' P AUGUST DUES 1965 -69 R TO JUNE ] 1966 pEG 4 +114 C OTHER ITEM C OTHER ITEM AD C OTHER ITEM Sy[ jp UPDATES C 24836 ^'•" ST CONCEPTS 26639 97.00 ITCH OFFICIALS 25840 1,518.00 IREC 6SM11600 25441 Si T T C OTHER 17TPS 2sm 11200.00 F REP C OTHER LIENS 2584$ 2'.141.10 FOR EXTRA WORK 1!4.46 812 C OTHER ITEMS 26846 2$, iIL C OTHER ITEMS 2SB41 1.337.23 C OTHER TIE IS 29648 LC12962 ITEMS 21184-1 f630 3,11 S LIC 6 9.)I IM 1 1- 5-66 LIST OF NAPPAMTf i PAYEE --- _ ---- r ------ T. ------------- [[ k d 1621 2f6 STAN FILCH PONA DISTRIBUTING Vi 1100 FREMISYS. INC. PRIME COMPUTER IRL. 636 SUPPLY 241 RRC R UTCMOTIV1 1629 LINDA PAIL .`t 1092 605 FAIN fA20 RECOGNITION EQUIPMENT 661 RECREAIT M SYSTEMS INC ;y 216 RIV[ $IOI R.OEpFIN� ' 320 f C L M COPPANY SACRAMINTO HENS IfiTF R, INC. -° �^E 286 1610 SAFE NAY $NETT METAL BE PN CO OISIRICT ATTORNEY 1220 SAN MN4MMT fV SAM BE III $71 $AN BERM 0 SNEPASIFF SF 1655 SAN BF p1AF0LAO SOCIATED 1618 UGHM PANT DS 0 ASSOCIATES SO If 0 11 16 16 SIT SEA SPIOERLF SOUTNEPN CALIFORNIA EDISON CO. )IT SOUINE0.N CALIFORNIA EOLSON CO. EDISON CO. 111 191 SOUTHERN CALIFORNIA SOUTHERN DATA SYSIIPS 5 3 114 SpANGNOLA, SAM S10CXNELL UNNEY P GROUP 1649 70DO PUSLICAIIOMSMD 1048 TRI COUNT, 1611 SRS. TUTl 7EO PACIFIC CORPORATION 424 UN I 1226 UNITED PARCEL $ERV 1191 VALLEY CREST LAWS 661 VANCE CORPORATION 478 CARL NARREN C CO 290 WELLS �FARGONLEAST' I 1633 NOMENS PSYCHOTNERI ER IT" DESCR .� RANCHO CUCANCN6A PACE 4 NAGA, NARR.APT. --------------------------- X119 25610 512.07 It, 25811 IT- 9070.70 iR ITEMS 25812 R 11605 25811 40,664.87 ;R ITEMS 25814 67.78 NOTES 2561$ 105.16 14/18 21816 24.00 25617 60.00 SIC. 610711 FOR JON' P AUGUST DUES 1965 -69 R TO JUNE ] 1966 pEG 4 +114 C OTHER ITEM C OTHER ITEM AD C OTHER ITEM Sy[ jp UPDATES C 24836 ^'•" ST CONCEPTS 26639 97.00 ITCH OFFICIALS 25840 1,518.00 IREC 6SM11600 25441 Si T T C OTHER 17TPS 2sm 11200.00 F REP C OTHER LIENS 2584$ 2'.141.10 FOR EXTRA WORK 1!4.46 812 C OTHER ITEMS 26846 2$, iIL C OTHER ITEMS 2SB41 1.337.23 C OTHER TIE IS 29648 LC12962 ITEMS 21184-1 f630 3,11 S LIC 6 9.)I IM 1 4- 1 -46 LIST OF WARRANTS - RANCHO CUCAMONGA VASE 0 PAYEE liEh OESCR W44RO UARR.ANT. 1631 ANNA WROBLEWSKI REFUND CLASS 41121, AFC 455)6) 25651 12.00 500 XEROX CORPORAIlON TOSER LUSE, OUMCELL SLIP POCKET LI 15652 166.20 1631 JOT TAKEN REFUND REC 410544, CLASS 99231 256)) 20.00 TOTAL CHECKS 111,)00.2) n C r Jol a84 478 LIDO 1040 1492 744 1155 179 714 667 not 962 AT CT 411 A -C SUPPLY 11 ACTION BUSINESS PACHIMIf 1656 CITY OF ALBUROUEROUE 1115 ALIGNMENT C DRAKE SPECIALISTS 1655 ALTA LOPA RADIATOR 990 APPLE CCHPUTER. INC. 1674 ARIS FOUNDATION OF SAN 1181 PATRICIA ASHBY 383 AUSTIN -FOUSI ASSOCIATES, 14C RALtCHO CUCAMONGA PACE 1 ITEM DESCR . WARNS NARR.ANT. - •• CNECFI OVERLAP CA OAT:D T /0/68 -- MEDICAL INS 711/66 76176• 27,910.19 CA DATED 7114/06 - JULY HEALTH INS 25)26• 79727 - 213 31 13,676.06 CK DATE 7120/66 fVC 3/21- 6115 /as 26))29 7,115.50 253)3 26774 CK DATED 7/20 - GOLD COh7EMPO FRAME 25226• 2§331 - 29 493 -19.69 PETTY CASH C OTHER STEPS 25694• 424.07 25695 - 25644 PROGRESS PINT FOR EXTRA WORK 29845• - 7.357.10 PROGRESS ESTIMATE 612 L DINER MIS 35e46• - 75,764.46 FILE 844 690. 6173, 1377, )926. ETC. 258470 - 3,231.'si PROGRESS PAYMENT FOR EXTRA WO 25849 26653 RK PROGRESS ESTIMATE 012 C OTHER ITEMS 25854• 2.357.10 VARIOUS a5a55• 75,364.40 SEMINAR -LINDA LEACH 29AS6• 1,737.21 CASH ADVANCE 2034T• 105.72 DAY CREEA CONSTRUCTION 4646• 70.00 R418IOR 25859• 120,070.00 DEFERRED COMP 8/4/66 26660!- 4,)21.00 Of CORP 0 14146 24861• 426.46 JULY LY C C I A LO INS WIANCE GROUP 11977 26862• 18,791.46 COPIER SERVICE 26063• 201.70 4620 - 0050 - 6132 -3009 25664• 22.91 RISC NOSE 20865• 174.62 26866 BILLING FOR 714 25861 -721- )]86-0 1EMIS 16550 -SMITE OF LC CK PLS SEAT 26269 61.00 PANASONIC KK -1500A TAPfMRITER 25010 769.09 ROTATE TIRE$ /AIIONMi AUNT MHEE Lf 26072 12.00 RADIATOR REPAIR 71.27 35013 42.00 IfRNRTA 11NT N /TONER C LEI TI TOMEN 25014 3,)54.07 a E6. ^HARKETINO E. VA C OTHER ITERS 20876 70.07 MILEAGE 2697E 9.90 VIRGINIA OR HE PLACE P C OTHER ITEMS 25077 2,961.43 W e 4 f3 8-10 -a0 lI2T OF WARRANTS r t PAYEE 1084 PARTNERS HEALTH PLAN +' 1171 PUBELL NELN AMERICAN TRUST j 1170 A S t CCNSUITIMG ENGINFFRS 1699 AARON BROINERS ART HARTS 832 RONDA SULLIVAN 391 VALLEY CREST LANDSCAPE 081 VANCE CORPORATION 418 CARL NARREN C CO Jol a84 478 LIDO 1040 1492 744 1155 179 714 667 not 962 AT CT 411 A -C SUPPLY 11 ACTION BUSINESS PACHIMIf 1656 CITY OF ALBUROUEROUE 1115 ALIGNMENT C DRAKE SPECIALISTS 1655 ALTA LOPA RADIATOR 990 APPLE CCHPUTER. INC. 1674 ARIS FOUNDATION OF SAN 1181 PATRICIA ASHBY 383 AUSTIN -FOUSI ASSOCIATES, 14C RALtCHO CUCAMONGA PACE 1 ITEM DESCR . WARNS NARR.ANT. - •• CNECFI OVERLAP CA OAT:D T /0/68 -- MEDICAL INS 711/66 76176• 27,910.19 CA DATED 7114/06 - JULY HEALTH INS 25)26• 79727 - 213 31 13,676.06 CK DATE 7120/66 fVC 3/21- 6115 /as 26))29 7,115.50 253)3 26774 CK DATED 7/20 - GOLD COh7EMPO FRAME 25226• 2§331 - 29 493 -19.69 PETTY CASH C OTHER STEPS 25694• 424.07 25695 - 25644 PROGRESS PINT FOR EXTRA WORK 29845• - 7.357.10 PROGRESS ESTIMATE 612 L DINER MIS 35e46• - 75,764.46 FILE 844 690. 6173, 1377, )926. ETC. 258470 - 3,231.'si PROGRESS PAYMENT FOR EXTRA WO 25849 26653 RK PROGRESS ESTIMATE 012 C OTHER ITEMS 25854• 2.357.10 VARIOUS a5a55• 75,364.40 SEMINAR -LINDA LEACH 29AS6• 1,737.21 CASH ADVANCE 2034T• 105.72 DAY CREEA CONSTRUCTION 4646• 70.00 R418IOR 25859• 120,070.00 DEFERRED COMP 8/4/66 26660!- 4,)21.00 Of CORP 0 14146 24861• 426.46 JULY LY C C I A LO INS WIANCE GROUP 11977 26862• 18,791.46 COPIER SERVICE 26063• 201.70 4620 - 0050 - 6132 -3009 25664• 22.91 RISC NOSE 20865• 174.62 26866 BILLING FOR 714 25861 -721- )]86-0 1EMIS 16550 -SMITE OF LC CK PLS SEAT 26269 61.00 PANASONIC KK -1500A TAPfMRITER 25010 769.09 ROTATE TIRE$ /AIIONMi AUNT MHEE Lf 26072 12.00 RADIATOR REPAIR 71.27 35013 42.00 IfRNRTA 11NT N /TONER C LEI TI TOMEN 25014 3,)54.07 a E6. ^HARKETINO E. VA C OTHER ITERS 20876 70.07 MILEAGE 2697E 9.90 VIRGINIA OR HE PLACE P C OTHER ITEMS 25077 2,961.43 W e 4 01 ti 6 -10 -08 LIST OF WA2FANTf eAYEE 402 AUTO RESTORA70AS 29 B C R ELECTRIC 981 B S I CONSULTANTS, INC. B41 BANX OF AMERICA 1101 EDYTHE BARNETTE 11 BASELINE TRUE VALUE HARDWARE 1657 BEAR AUTOMOTIVE SERVICE IQ., CO.. 1029 BERRY CONSTRUCTION. INC. '692 BEST WESTERN PAVING C. :65 BILL C WAG'S INC 1604 OLAAF PAPER Co.. INC. 1692 &GAL ELECTRIC INC. 1679 WILMA 6REKNER 1658 C H N MOLD DESIGN 980 C M & TA 1694 C N O ICON REVIEW 1229 CALIFORNIA BUSINESS SYSTEMS 751 CALIFOANIA STATE 74 CITY RENTALS 107E COMPUTERLANO 62 H 5 COVEY, INC. 64 CUCAMONGA CO WATER DIST 85 CUCAPONOA CO WAIER DIST 81 CUCAMONGA PRINTING 941 CUTY'S AUTO SUPPLY STORE V 219 O C K Cr..NCRI/F CO 15S DANIELS TIRE SERVICE 411 J.F. DAVIDSON ASSOCIATES. INC. 101 OETCO 1272 OEVORE 1691 DIAMOND SECURITY SYSTEMS 619 DICKIES STANDARD INOUSTAIAL 714 DISPOSAL CONTROL SERVICE, INC. 1601 NEI IHOA OORST 1696 E -2 UP, INC. 523 EASTMAN, INC 521 EASTMAN, INC 459 EGGHEAD SOFT" At 171 BILL ESPINOZA TIRE SERVICE 121 FEDERAL EXPRESS CORP 331 FIRST INTERSTATE, RAHN TRUSTEE 0 }_ r RANCHO CUCAMONGA PAGE 2 IIEP OESCR WARRN WARR.APT. AIR RIGHT REAR 000 OTHER ITEMS 25676 970.25 LAND LAMP 25679 26.65 flit PLAN OF ORAINA C OTHER ITEMS 25560 72,749.00 1R CBOT SERVICE 99 C OTHER ITEMS 25661 664,060.01 K EN51NG 7/25/60 - C OTHER ITEMS 25:62 901.72 C S IVIOAS C OTHER STEPS 26681 12.75 RPAYMNT OF BUS. LIC. #15194 25634 5.67 GRESS PAYMENT REQUEST 69 25665 66,462.0: RPAYPENI OF BUS LIC 011596 29686 106.55 10 FROM RNITTRAN C HEMLOCK PONTA 25667 67.50 1 112 INFLATER N/ C OTHER ITEMS 25696 56.51 UNO F69 CITY YARD PLANS C SPECS 25669 70.00 UND FOR TRIP CESERVATIONS 25690 20.50 RPATMENT OF BUS. LIC. 99527 26691 16.6F BERSNIP RENEWAL 11 C OTHER ITEMS 26692 70.00 f II PAC - 25691 46.69 40H P1240 26694 129.91 40 MOTION FEE AEG FOR OTZ ENDING 25695 612TD.07 I-XLLE DIGGER C OTHER IIEKS 256 ^6 111.60 4E NET OR$ 25897 125.06 4TENANCE LABOR VL, NOZZLE NOSE 2569- 210.90 I JER:EY 51V0 C OTH64 ITEMS 25699 2,172.48 ST C CUCA WASH -LN L OTHER 176 MS 25900 11,609.61 REGULAR ENVILOPES C OTHER ITEMS 21901 110.01 IOUS AUT PARIS C OTHER ITEMS 23902 159.64 E TTU8Ej9Fa4M6FILL C OTHER jT Iifts 23904 475.26 &IAN LANDSCAPE RENOVATION 25905 2.424.00 :BADGES OTHER ITEMS 25906 19.08 12^ FILE-A-01St C OTHER Tilts 25907 666.98 ?PAYMENT OF BUS LIC # & ?T# 25908 21.18 ;ORNS C TOWELS L OTHER ITEMS 23909 - 421.10 'ANPNTL RESPCNSE WK ORDER 675180 20910 677.17 NO CLASS 69141. 91C 654920 25911 20.00 4 NIGGLE SLIDER, tRUISit 4• 26912 187.56 LOTTER PEN OTHER ITEMS 25913 539.46 1 ORGAM /TAPE OI$P/ C OTHER ITEMS 26914 586.6R ' I1 MAC. MEAD CLE C OTHER ITEMS 29915 175.12 IVNTINGIMOUNTING C EITHER ITEMS 26916 266.95 iRITY 1 C OTMER sit ME 26917 I12.00 8x19477 -1 - AUGUST 28918 2,899.97 t B3R .. ■2 V�' ,C? V' JT' Mn ,-r y..'ar JM.r .��L'. yna • {jw'vt.!_`�.+.y',A "y.r�;s KJ'L- Zvi +Y. Via'. �Y -.. ✓�[ 6 -10 -60 LIST OF WAFP.ANTf RANCHO COCAMONGA PAGE 3 PAYEE ITEM OESCR OARRK WARR.AMT. 177 GENERAL TELEPHONE CO. SILLINO FDA PLO19140 OTHER ITEMS 25919 324.15 1662 AGNES 0109CMET REFUND CLASS 89442, RFC $54900 25920 20.00 1676 CECELIA GORMAN - CLASS REFUND $7142. RIC 895423 25921 21.10 113 JERRY R. GRANT REFRESHMENTS FOR INSPECTOR MEETING 26922 52.90 1023 DON GREEK C ASSOCIATES W/S FAIRNMT WY $10 N C OTHER ITEMS 25923 10,602.70 10.2 CON GREEK C ASSOCIATE9 01/0 19TN E/D HIAMOSA C OTHER ITEMS 21924 0,503.60 102. DON GWEEK C ASSOCIATES WWC HILLSIDE C SAPPHIRE TR 13720 25,125 66.92 1677 LISA GRIMMER REFUND CLASS 09041 RIC $56194 21926 20.00 1612 GUIDE TO PUBLIC DEBT FINANCING GUIDE TO P'JOLIC CUT BOOK 26927 $247 1663 HAGEN CONSTRUCTION OVERPAYMENT OF BUS LIC $13230 25M2$ 19.16 1664 JAMES IISLLS REFUND APPLICATION FEET 06 -30 25929 62.00 161 S.R. HOYT LUMBER C1. NONE GINTER SHARON SOUS, SCREWS C OTHEP ITEMS 25930 260.25 SCI S.M. HOYT LUMBER CO. NONE CENTER CONCRETE MIA PLA$Tl2 C OTHER ITEMS 25931 110.24 495 NVORO -SCAPE PSOOOCTS. INC THOMPSON ICOb64 C 10GOf5 21932 164.10 697 I.C.B.O. COMMERCIAL ELECTRICAL SEMINAR 26977 255.00 912 190002 COMFOPT CONTROL, INC. REINSTALLED THERMOSTATS COVER 20934 13.00 1669 612 JACK HEAD PONTIAC C R JAISCHKE INC CLEANED 1HROTTLE BOXES RESET IDLE 25975 39.00 1679 WALLACE P. JENHSON PLUMBING C BELT DUAL 00 19L 1. R C OTHER ITEMS OVERPAYMENT 25976 1.5)6 d6 1216 KNOX OF BUS LIC 09061 BELT SANDR 352 3321 OUST /SAND BELT 20937 21930 22.00 172.61 575 KpOUIII 9710 011M6UN5[NFMT RK:TRANfPOWU110N 259)9 31.05 1272 L C L TSURS GOLD SiAIXE TURNAROUND 26940 67.00 1235 PAUL LA JDI1 CUSTOM REOIO CABINETS /ON OF PMMT• 25949 1,661.40 1666 LIMPRO CALIFOFNIA, INC. -S RVIAPAYMENT FOR PARCEL MAP 1039) 25942 2,264.00 200 LOS ANGEL TIFEf VARIOUS EMPLOYMENT AD C OTHER ITEMS 26947 4,01242 1062 M C 11ELECOMMUNICATIChl 70042436 21944 66.44 1567 M $ A RIG FOR MINT SUPER ASSOC C. .F C ED 26910 480.00 3444 n 1. SERVICES WELD REPAIR 23946 12.10 76 MARRFAN C ARCIYkSKI FILE ITT$$ FOP LAURA C OTHER ITEMS 21917 548.00 1653 MARRIOTT MARINA CEL REY HOTEL ACCOMNOOITIONf 0122 -6/26 26"s 440.00 450 "ASHf LL C hCKNIGHT TNINO.Ikt. TOW 79 DODGE VAN 21949 250 PARTINE2 UNION SERVICE GASOLINE 25950 _175.0] 1680 MARTHA NATTHES REFUND FOR IRIF RESEJVATION 26911 35.00 1125 MC GAREC MACHINE LAWNMDWER REPAIR LIL C OTHER ITEMS 25952 - 515.50 16$2 MICAS NUFFLCR SHOPS REFACE $RAKE ROTONf BLEED GREASE 25957 261.72 225 NISSIOM CAR WASH GASOLINE DIESEL FU PL C OTHER I'EFS 25951 3,566.48 1600 AMASC REGISTRA }[ON FOR MMAS C OTHER ITEMS 20895 120.00 1754 CAVE MOORE MILEAGE REINI$UMSEMENT 25906 20.4a 642 FOUNTAIN V:EW SMALL ENG• ACFAIP CLEAN C FIX STARTER C OTHER ITINS 25931 129.44 Ili] CHPARICL MUIIGRAV COMPUTER INTERN PAYMENT 25916 296.00 10$ N E C INFORMATION SYSTEM.INC• MAINTENANCE AGREEMENT C OTHER ITEMS 25919 295.00 t a 0 6 -10 -66 LIST OF WASRANTS PAYEE 1666 NIAT C MEN LANDSCAPE MA1NT, 1 1666 JAYE NIX 511 NIXON -ECLI EDUSPtENT T12 709 NOARIS- IIEPRE /NC. 0 1205 C 6 REPRGC&APHICS INC I 0 ► S FLEET $CICIALljif 1667 O'SULLIVAN CO. 1606 IRENE OARS 1 997 P I P PRINTING I 674 PAULA PACHON 229 PACIFIC PAGZLCTS INC 1 1467 PACKARD F CIFIC 1064 PARTNERS NEALTM PLAN I 407 PAItON SALES CORP. L 1668 HENRY PEDILLA 1019 PHOTO HOUSE OF CALIFORNIA 1 1049 FORD" VALLEY KAWASAKI E 1200 PREMISYS, INC. 3 026 PRIME COMPUTER. INC 1 65 PRLJEMTIAL OVERALL SNPPLY t 1219 PSCHAS AND ASSOCIATES 1 261 R C R AUTOMOTIVE G 714 RAN BUSINESS SYSTEMS S 1116 RAACO COLSOLTANiS 11 228 RANG CUCA REOEVELOPMSNT AGENCY R -JY 627 RANCHO CUCAMONGA TROPHY C GIFT 0 1669 RANCHO TECHNOLOGY ASSOC1All5 R 626 MUDS TIRE SERVICE T -45 RED WING SMOE STORE N 1660 DFNISF :HADP R 1514 REP'..1C DEVELOFtFNi 216 RIVERSIDE 6LUlPNINT 7 276 RIVERSIDE BLUEPRINT 1111 AUBELL MELt APERICAN TRUST H 1100 S C E C 120 S C L M COMPANY A 1105 SfAL FURNITURE SYSTEMS INC P 169. SKELTON C DALE'S SPECIALTY BOOTS 6 1671 SMART C FINAL C, 161 KATHY SOREASie 0 717 SCUTMERN CALIFORNIA EOISO:! CO. 9 RANCHO CUCAMONGA PACE 4 1TFM OESCR WARRN WRR.AM7. R4ATMENT OP EUS. LIC. 116109 20960 10.00 UND CUSS MIS PIC NSSf22 25961 20.00 ICKET, CHAIN, KEY T59i2 14. {6 TMSi AT 19TH ST 1 C OTHER ITEMS 25965 10,209.25 EVERY 25944 12.00 EEL INJECTOR SERVICE 917 29965 129.00 LINt CITT SIGN 21966 11140 AID CLASS 01122, SIC. 156221 29967 12 00 EIFICAI9f 25960 51.63 BURSII6.IT FOR RIHANIS 111 -9/50 15969 96.00 ' FIX EST, OC COUP 40 TfF TA06 2f9TO 6.46 7[ TO PUBLIC DEPT FIN IN CALIF. 25971 52,27 !ST MEDICAL INSU6A C OTHER ITEMS 21972 26,579.79 f HOLDER 25973 9.53 IRS SOFTBALL SCORWi PER 15974 00.00 10 FINISHING C OTHER ITEMS 25976 37..7 CHANGE C OTHER ITIPS 2§976 264,41 'ION INTERF4CE HIS C OTHER ITEMS 26971 1,400.05 IN INS COURSE AUA 22 -26164 jS97B 2,780.00 JATPENT OF BUS lI C OTHER ITEMS 25900 Lf.612d4 u TION TEST A•C, R C OTHER 11CMS 25901 362.00 'ICE ON 03 OIL 113 PIC COFIER 23962 AS.00 1 S/ ACQUISITION- ZIRCON - AMETHYST 209AS 5,924.63 10 P09IION RDA CONT0I6 TO 41 -1 j596 113, {IL. 96 ,PAYMENT OF BUS LIC 912593 26965 12.16 HDABl4 OE POSIT CUP •1X14 25966 29.0 DO.UO REPAIR C OTHER ITf FS 29967 100.00 60DTS C OILIER ITEMS 26966 1,612.16 NO CLASS 17201, PIC 134604 26969 21.50 MT ON BLDG PER 006 - 10092 -10134 21940 7.10 XLINECPRINT$/SE iO C OWR IffRS 25"1 4992 114,1E IN INSURANCE FOR AVO 6RP 41041 25995 14.114.66 t. COSTS -NRR ON LION f/O SSELIM 26994 1.402.44 MAT139 OF CO f1000 WAIL LNUSCP 26994 6.27 3,00 NIM C DESIGN SIMILE' 25996 020.67 S 120 -HAABL 01 /RATORCYCLE OFFICR 26997 266.00 7 PRIZEC FOR PLAYGROUND PROG2AM 2596 100.00 AGE REIR6ORSEMENT 2699 16.22 97H LT y C OTHER ITEMS 76000 1.551 16 TOTAL CHECKS 1156,648.74 Y Q 4 3-10 -88 LIST Of WASAANIS RANCHO CUCANONOAi PACE 6 PAYEE - ITEM DESCR WARM WARR.AAT. »26001 311 SOUTHERN CALIFORNIA sDISOM CO. 34 SASELINE- NEttMAN OTHER ITEMS 737.49 317 SOUTHERN CALIFORNIA 901500 CO. LEPCN/HAV[N C OTHER ITEMS 26002 22A.16 319 SOUTHERN CALIFORNIA OAS COMPANY 9163 9TH $T - C OTHER ITEMS 26003 93.19 1670 SPEED$bAY MUFFLER INC. .. CATALYTIC COW& Ep STOCK MUFFLERS ' 26004 32A.iG 646 STANDARD INSURANCE CO. LIFF,INSURANCE :497390.01 26009 136.22 325 STATE COMPENSATION II1I1$. FUND WORAERS COAVY /6 -8/61 C OTHER ITEMS 26006 - 260549.74 1697 SUN UP, SUA DONN ORYHALL GVLFPAYMfNT OF BUS LIC 812731 - ' ' 26007 20.16 31L THE SU ►PLIERS 2 GAL GOTT COOLERS 26006 126.65 109 TERRA VISTA CtEAIJ:AS OVERPAYMENT OF SUS. LIC. 015196 26009 39.00 1167 PETER TUNE REIMBURSEIZNT FOR 87 FALL CLASS 26010 290.00 972 U S SPRINT CUSTOPER 0.112999214 26011 59.94 1054 UNITED TITLE COMPANY PREl1M19ARY 1TTIE REP C OTHER ITEMS 26012 4,000.00 10$4 UN 1160 TITLE CDAVAIIY PRELIMINARY TITLE TIP C OTHER ITEMS 26013 4,500.00 LOf4 UNITED TITLE COMPANY PRELIMINARY TITLE 2EP C OTHER ITEMS 26014 4,500.00 1064 UNITEO TITLE COP ►ANY PRELIMINARY TITLE REP C OTHER ITEMS 26015 4,50000 1034 UNITED TITLE C40HPANY PRELIMINARY TITLE REP OTHER ITEM 26016 4,600..00 tOS4 UN11E0 TITLE COMPF.NY PRELIMINARY TITLE REP C OTHER ITEMS 2EOIT 900.00 1690 UPISA REGULAR MEMLIRSNI► 26016 65.00 1672 VINTAGE DESIGN INC. OVERPAYMENT OF BUS LIC 012948 26019 230.00 499 VISION SIOYICE PLAN JULY VISION SVC - UROUP 0101139A -R 24020 2,600.00 467 L.A. WAINSCOTT C ASSOC, INC. 4TH PLAN CA OF•CUr, SS -19 26021 63.02 476 CARL WARREN CO FILE 0.5064, AIIL` °'JULIE CIRIENKIOR 26022 540.75 21) WAXIE, KLEEN•LtME COAP CERTIFIED Towts, CUP C OTHER IT61% 26023 1.954.16 758 WELDING INDUSTRIAL C TOOL SUPPL EAR PLUGS 411 "ST END UNIFOfHS LIGHT BULBS FOR LS 20 STATION FLASH 24075 63.60 399 NEST VALLEY VIC13A CONTROL FLY CONTROL SVC. OTR C OTHER ITEMS 26026 10,909.45 10) WISTEON LIFE INSURANCE CO. POLICY FOR tAUREH M WASSERMAN 26021 952.30 1691 SANDY OILK71fON REFUND Cl 07035 C 40, REC 53730 131 26018 13.00 409 XEROX CORPORATION REGULAR SVC CHARGE, IDLER GEAR ASSY 26029 210.00 TOTAL CHECKS 1156,648.74 Y Q 4 „ a CiTY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FROM: Elizabeth Stoddard, Finance Manager SUBJECT: NIBLIC EMPLOYEES RETIREMM SYSTEM CONTRACT AYENd1ENT RECCMIENDATIM Approve the adoption of the Resolution of Intention to amend the Nblic ' Employees Ieetirememt System Contract to provide the increase in the 1959 Survivor Benefit provision. BACKGROUND: As part of the employee hanefit pnckage approved I`y Council on June 28, 1988, an increase in the 1959 Survivor's Benefit program was authorized. An incredse to the third level provides additional monthly benefits for eligible survivors or members who die before retie tent. The City offers the standard level of Survivor Benefit Co- orage as follows: Survivor Group Standard Level Third Level Spouse age 62 or older, or one child alone $180.00 $350.00 Spouse with one child or two children alone $360,00 $700.00 Spousv with two or more children or three children alone $430.00 $840.00 This Resolution of Intention is prerequisite tc the adoption of an ordinance. which amends the PERS Contract _ Respectfully submitted, /4-r/ Eliza h Stoddard Finance Manager is:cp 1 R 7 r ff M= - - _ �y;,xa; ;�_ yam%- r ,,� r,��;C• - -_ - � - -• .:x- .,- _r�.�.. «,, RESOLUTION NO. A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF RANCHD CUCAMONGA, CALIFORNIA, TO APPROVE AN AMENDMENT TO `CONTRACT BETVEEN THE BOARD 'OF ADMINISTRATION OF THE PUBLIC 'EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA WHECEAS, the Public Employees' Retirement Law permits the participation of public egencles and their aaplovees in the Public Employees' Retirement System by the execution of a contract, and sets' forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amabdment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Suction 21382.4 (Third Level of 1959 Survivor Benefits, for local miscellaneous members. CITY COUNCIL OF THE CITY OF IANCHO CUCAMONGA HEREBY RESOLVES that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Boare of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an 'Exhibit' and by this reference made a part hereof. 1,9 u "L AGREDUNT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSVrS AND LIABILITIES . INTO THE THIRD LEVEL 1959 SURVIVOR BENEFIT POOL e HSTV=M THE - BOARD OF ADMINISTRATION OF TIM PUBLIC EMPLOYEES' RETIREKEW SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA )� WHEREAS, the City Council of the City of Rancho Cucamonga has adopted a Resolution of Intention to Include In its contract with the Board of ^' Administration. Public Employees' Retirement System, pursuant to Goverment Code rectlons 21380- 21387, Including Goverment Code Section 21382.4, thw Third Level of 1959 Survivor Lenefitst and WHEREAS, Goverment Cods Seutim 21382.4, require¢ all assets and liabilities of all contracting agencies subject to this section, and their employees who are Covered by this section, tc be pooled Into a single 'p account NOW TWMEFORE 85 IT AGREFI)i ACCUaulated and /or future contributions required of the City of Rancho Cucamonga and its covered employee" are to be released, pursuant to the provielcis ct Goverment Code Section 21382.4, to a single account retecred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD Of ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY _ ASSISTANT E1@CUTIVE OFFICER C0505 (Rev 6/88) "Exhibit" 13 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONQ% BY Presiding Officer Data _,f _ aryls:z f = CITY. OF,IUINCHO.CUCAMONGA STAFF-REPORT DATE T0: FRM BY: SUBJECT' M August 17, 1988 ` City Council and City' Manager Jerry B. Futwdod, Director of Resource Services_. Thomas Smihula, Data- Processing Coordinator I RECOMMR ?AIi57K ' Staff recommends that City Council approve the use of temporary help for ;f the citywide mapping update project In the amount of $15,000. ANALYSIS• The citywide mapping project is critical to the implomenration of the Geographic Information System. The success of this project is dependent . on a citywide map that is current and is kept current. The temporary j person will provide the City with the resources to accomplish its goals. 4, R pectfully submitte /d��� � erry B. Fulwood Director of Resource Services R r JB'r•TS:sgr I4 J ,� mss- __14' 4iiYt;`y. — CITY OF RANCHO CUCAbIONGA STAFF REPORT DATE: August 17, 1988 l ,_ TO: City Council and City Manager FROM: Russell N. Maguire, City Engincer BY: Barbara Krall, Ass!stant Engineer SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 88 -03 - -,bubmittal of a Resolution confiriming a. City Counc i decision made on August 3, 1988, for an appeal of Planning Commission conditions for a proposed apartment complex located at-the terminuses of Sierra Madre Avenuc and NMaain Street - APN: 207- 281 -22 RECOMMENDATION: Staff rec"mends that City Council adopt the attached resolution. BackgroundiAnalysis On August 3, 1988, the City Council heard the applicant's appeal of two (2) conditions of approval The attached Resolution reflects the Council's decision to deny the appeal of both conditions. Resoecin submitted, Attachment RESOLUTION NO. 88 -117 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION APPROVING UEVELOPMENT REVIEW NO. 88 -03, FOR THE DEVELOPMENT OF A 20 UNIT APARIKMT PROJECT ON 1.08 ACRES OF LAND IN THE MEDIUM -HIGH RESIDENTIAL DISTRICT. LOCATED AT THE TERMINUSES OF SIERRA MADRE AVENUE AND MAIN STREET - APH: 207- 251 -22 A. Recitals. (1) Alan Smith has filed an application for the approval of Development review No. 88 -03 as described in the title of this Resolution. Hereinafter in th's Resolution, the subject Development Review request is referred to as 'the application'. (it) On the 22nd of June, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follow%: 1. This Commission hereby specifically finds that all of the facts %et forth to the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above - referenced meeting an June 22, 1988, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The application applies to property located at the terminuses of Sierra Madre Avenue and Main Street and is presently vacant;_and (b) The property to the north, east, and west is designated for residential uses. The property to the north and east is developed with single family residences. The property to the west is developed with a condominium project. The property to the south is designated and developed with railroad tracks operated by A.T. A S.F.; and (c) The project, with the recommended conditions of approval, ccmplies with all minimum development standards of the City of Rancho Cucamonga; and R (d) The development of 20 apartments an 1.08 acres of land is consistent with the Medium -High Residential land use designation of the Development Cade and the General Plan. 1� EXHIBIT 'A' r PLANNING Comission RESOLUTION N0. DEVELOPKENT REVIFW 88 -03 - ALAN SMITH June 22. 1988 Page 2 3. uon the dursng the above- eeferen ed meetingtand upon nthe presented specific findings oaf ission set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and (b) That the proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; and (c) That the proposed use Is in compliance with each of the applicable provisions of the Development Code; and (d) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements to the vicinity. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby issues a Negative Declaration. S. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby approves the application subject to eacn and every condition set forth below and in the attached Standard Conditions attached hereto and incorporated herein by this reference. Planning Division (1) A spa /Jacuzzi shall be provided. The location, _ size, and design shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. (2) The roof *eyebrows- on the rear elevation of the garage shall be enlarged to be more in scale with the building or shall be eliminated. The plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. (3) The following items shall be incorporated into the final landscape plans which are subject to review and approval by the City Planner prior to the issuance of building permits: 17 r -• ` DLANRING COMMISSrom RESOLJTION N0. OEYELOPMENT REVIEW 88 -03 - ALAN SMITH June 22, 1988 Page 3 i (a) Accent treatment shall be provided at the entry off Sierra Madre Avenue. (b) Extensive landscaping shall be provided along the site boundaries, particularly the north and east boundaries. (c) A sample of the texturlted pavement material shall be submitted. (d) A decorative block wall shall be provided along the south property lines. A wrought iron fence with decorative block pilasters or a decorative block wall shall be required along the north property line. In addition, the existing walls an the east and west shall be upgraded to provide a decorative treatment. such as stucco with a (e) rho limits of any easements and their restrictions on landscaping shall be clearly delineated on the plans. (4) A final acoustical analysis shall be provided to address potential noise impacts from the A.T. 8 S.F. Railroad and any necessary mitigation for exterior and interior noise levels. The analysis shall be reviewed and accepted by the City Planner prior to the issuance of building permits. Engineert`tt_ (1) The developer shall obtain the necessary right -of- way and construct full width improvements for Sierra Madre Avenue from the project site northerly to the existing dedicated portion of Sierra Madre Avenue P rior to issuance of hall be constructed along the permits. i west side and cover the entire parkway from the block wall to the curb. The developer is eligible for reimbursement for the cost of construction of the off -site Improvements upon development or redevelopment of the adjacent property. The amount of the reimbursement will be prorated on a net acreage basis (minus street dedication) for the benefited properties. 1$ PLANNING COMMISSION RESOLUTION NO. DEVELOPMENT REVIEW 88 -03 - ALAN SMITH June 22, 1988 Page 4 (2) Storm drain facilities shall be :Onstkuctcd and an easement provided to convey flows frcm Sierra Mrdre Avenue through the site to the'satisfaction of the City Engineer. (3) A 15 foot easement for the future master planned storm drain shall be dedicated along the south property line of the site to the satisfaction of the City Engineer. Y(4) The storm drain easements shall be accessible by ._ City vehicles. Landscaping within the easements shall be subject to the approval of the City n Engineer. (S) An easement over the Internal drive aisles shall be provided to the City to ensure access for City ., maintenance vehicles to the City storm drain easements. (6) An in -lieu fee as contribution to the future undergrounding of the existing overFead utilities (railroad communication lines) within the A.T. 8 S.F. Railroad easement shall be paid to the City prior to the issuance of building permits. The fee shall be half the CILy adopted unit amount times the length of the project site. (7) Main Street abutting the east property line shall be completed with a modified turn around (18 foot radius) to the satisfaction of the City Engineer. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. _ APPROVED AND ADOPTED THIS 22HO OAT OF JUNE, 1988. PLANNING CO�ISSiON OF THE CITY OF RANCHO CUCAMONGA ATTE!,T: iq x - w PLANNING CO101ISSI0h,RESOLUTION N0, •• - OVIELOPMEhT RENEW 88 -03 - ALAN S41TIl June 22, 1988 'Y Page 5 I, Brad Buller, Deputy Secretary of the Planning Commission of the City ofY` Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and c^ regularly Introduced.- PasseJ, and adopted by the planning Commission' of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held nn the 22nd day 0. June, 1988, by the following rote -to -wit: _ S a; AYES: COMIS5:ONERS: fOLSTOY, ENERICK, BLAKESLEY, CNITIEA, MCNIEL .y� NOES: COMMISSIONERS: NONE '=! ABSENT: CMISSIONERS: NONE w§ .s 7e a� i 5' ■ DUAATMI 4 CO►.ion Kvawwm GIAIOMD COOITIQS {� LJDIIGI' �C6__L+<fLY'f�� �yitlyV !iO Li� 1_ A I� Thest honk dedip we cyattwt N Apnwl. APPLICANT LI4LL CONTACT O[ RANGING DIVISION JDA CORIAGC WITN M faLCNINN COOIIIOM A. line Lulls L L1il Cl I Nntlt�M.mtlnt' nt� y w nth 1y urlttlr. IC 1111, lwetprovr (MI enklt fink t eY N Aw"Al net ceaarcN _. DanlePsUDeslpa tlslov wit be acuoplinNl pow to I. Aapnsal of Totalled Tract 6. Is bated sasjtct to tM aPPrenl of a. This alpacal shall rea with W Apolfust s1 SUIT Iwoov esla ynk a cGyt of eminently r If too btsne ypntlY roatlt. S. ydw 4 approval W reuaYtlnk N of Tine] aA. w ne ts Irm1 of Iollaa0 prMu. We as tsNlelsfnk q Is enlaef. r link c itfutlw free all affected ScWI Metric's Wit M unalum u W T eprtsnkt N cankrly DlwiopnkN Yid SUL" Wt 040 it sdael facilities an w will N Unable N acs tt,C st=ts paetatN y all project. fed Ittw of grtUlutlee ,rot Nn Its fused by W YMeI Olttdtt within Ninety 1901 days pine In the IIYI ON &"MAN IN W uu N W laONe /sink up w lsm f of penitt in W use At all Nine nstwttai Projects. -l_ en _1-1 valur-cr wo.1,&.03 Mw b �1 and ncordatlnk w W flsl 4, w Mw IS lounges l "'lay �d � ro W is tmlrN, wlttro cwt111ut1r Im W aaffrtnt new 1hMat, Wt aOrau S"t . ank "See facllltln an w 1111 M arcljau Y arrn Ya 1sN!N W "!Ct, II b 'rout" 4 W a...a�. . _ . -... _.. —. r.... rw.w aw Fitt" Y tM city. .- LIU Desel t —�te WII be YnlyN 11 anorAaact NY W anenM rite alone nk file 11 W party plglla. W urltlaa crY1W Nnla, o.a Owtlgest CIY rePlatlane. Mw To aq M N W "act alts w nkttaos stlrlty way ce<[et urneo all nNltlane d Van.al WII M mpletN Y W slldactls of W city Times'. �c. PadSN Stu airy and 111191y duatlst lacarywotly all nk itim of a�Pr+ral 1411 M afalitN /w min W oppt .j y W Ilankiy of, of" pow to lama If Idldy Mates. ✓x aitustu Plane, trading tar, laa4up W [nl/alls 11.1. am apwaWl Plan x1l Pa covrolstN for consistency Ida is ItaoYce of f. MI ts (ad a prnkty prdt, trot rnmeal. Yap MdY. 14.5 pine u Just wf au�.al IN W tats N a Mss let tNadtts, w'"MM w 1aa caaaacN, Ytdtew Ueees flat. _e4l. Anne .1 If MIT." %- .11 tat win coneltsae wiY wit astisa If W DMIsmst Tons. all MIS, n111U ble city Onlsses, am npTQW1 U ity flaw w specific pane It afrMt at W line of Is 11Ny Pants Ituaact. C. This project Salt Mnue a Natr wrtnt of alfcuaeuc anktly aww rnkts. Y cslaas2e .C�Wnal fit, only pltcla. AffwYlllly WII M Ytmisl by awcst net rout, snku W aNfnk lam lmIs at W tank of twatrectlnk of tea fa A Ylst afat U Sets WIT M IWIM y Us t :ll / cese prow in IesrO M Mldq aralu. .1 i PROJECT R0. W11 M IK fadidral 014 dos 'll m all ban IIK-q li. ►KKatlrll asltb are IwatlC 'tw, m'ad YIfIdN fro s /pit= U cul.vlla SIM arbor tare 1K' rasa' tKA 4t In Mt I I W U. L1aly pit ats s",, aK �e. ban roc Y cart r t,Md t ryai. WIN «. sl «rd at met f «Illtln .l" by ^ cetu II, an 'OpIVi W WII h w1.W 1 • i /Yt aKINNL a f1Y1 l �t Ir orbs are rpdnt. a4bs Sam M fU- ilarra, lautlm 0.Ud" Vim u t'Ottly Mot prwrt 4 City aw" Ham. Obialb, }Kt 4 fM.rK b t" Flarly _ Il, q o'Culd Y3r4 u111 M aM1utra far W f �f. All trusts MMW attl"t tWl dock ma tr &wilt? «It !mall Ian MS"'" tt UatiKalrc ! apl.rtaa'Kce 1.tl as trbll'ron WII " M aUKbt loft K bits (K M .I a Solar tM oc"I" at Of pal" VI as W Mls 0.1111 4m W IfstM, TIe "a t, w M cefUlrN 1 a rclarattow at scraeW lh.op�Mayf j K c lfttlm or Marna r oLbrtgtwlls, 4mmW�m far Ma awadlalab wafts 0.11 r wW wd M u,rat1, soul W I y. Me lift of n' foul sy r "Mou b Krutt, Wcsasr Son first. The Morals bull poufs W u,up al ,� 10. Sinn aasn WII M m14.N W yK'aN 1y t" CIV Iiarr, la al"an b utfm, stmten, Ilatrn r Soo KArr object. " Kdrload vin W its fbMt Ilmty Val icy. Mr a aArmal 4b t far l" It' WfM "A r1'llar mJK4. pnWt " 4rrlapnt w load SAM N 14 fWl TrKt IYp �11. All 6.11 41y1s Mason W /snrifYl MILL Mall M If dt1 /1N Is a C. bfln? DKI" �•,( c1Nr W Caul" Mother- IKINIy faced tliMlsatlm. _ I. M alt«vtty, de rb sptr 11 nKl= a p,,,& dow tic Y1 water ((�q 17. Lral W tuft" flooded 19Mtllm Trails shall M rid" UlMiq "111 IK411M t w atus'�i " &wIaas Sao, apwt Wil " Car". the V «t a «'arms' son 1" CynW" Trail Ilan. A unit w Son "far hall All r4i N t«ntrla WII Hw INlutly NtW, MMIr IlgK ?• $6lsr no 0 n.11 h bu Klrry IAYnuI Maltlm, /Ktly W sae Moral. Is a Mhu I CIV 4 r ysto "Im and altMnatln wry systs are •teM Stm,d Iprstri" troll fa em bM O"IVIIbt [pull, w aftltltKy. 4411, ".It sr appsral yt, ",It M rmsltad fee mew Yd IKINN Is W belief's Has W mall h reviewed red a b 1" I t. Mo Ol"m t Mr so ga..el Mad f.rrdal /o N K a IurmJ cc so1TM 1amN 'am (yyWl laws. My, WpHMr Y apprmn of [furs 'no - t am M ? p'mn. 041" fatly Oemwi reYyesM' m 1 tatJMCtlaa wilt, fatrmt t IEN D mat a tlerlimus am mtana� IKl a,rla nip, arse, 1 M Ignrs'U. t"IW 4, rMaN 0=0111" nsr suds. pilotless oath «K, el. T" Cnea"4, CWOItm W tnWttlmC IM[m'r) Wll met pwa1Nt mar Soaly 41144, a4. W kept? of prlr 'edit. Wn tat? "Il u far the _t. Mllap wits WII 6, cbf4xW Ntl Mtn nU:/mt Ytr..I was I feel" Of Sold alMlr "" Iw Mt. ItsvIYl1 let 'wa'n 4 t11u rot MtMH. .whdt.lslm Wll h" t" ?tom of 1 t Said mewls Ntwt "A .ecnut a ?pally a boards of '"'Ours r MMfmv's 1. Al: cormr Mlllyya! W lm-stry J Im" Call sort of 'Ir ur associated fr abMtibtl a RA's. roar Hmatlm fKtp Ma stmt w/adN Ntl wltiwl mm sr' 'ruse NNaa Af bed I/ny K city Ple wain arpbr 1 ,wad at a. Is Cea AtIm f the aa't, Alt a m ars1 W Articles of n reflr W 'penal N 0. CIV Ilaaa'O Mr a laua'Me of IKrpal of t W et ad c huclstl 1 an sri1KL u W Idldly pond". appsaal s1 at tall N W (+elurrr eldltb/ W t" CIV PTIW t. Ihy WII " ncKIN rwomaat vttl cc slut It.► A. _i. paw" ppt"s per Mil WII h swaa1. a'l'/Morel s Ins plr a IKmat1 a "oldie P-1,1113. M C waltlaasr run tint. A poorly Olslsla W 4tldlp ttlllcltl Mr a Iai.Kb'f "11r1y rKrefl <cef WII"pmlW "Ma[I{f. ppd4. -2- ow `.• A A MU11" 0a Sjtt LtOSlly it" WII N c.MItW (r nrtn W z z1:, IIIMlutlm, local My Y y a ItNtllttm K other Sets, Y ^. 11 r cbtral4N bass r ial o rK'sam)" b1 -2- ow t. All pePesed mflaa/P utuU] WII polls, "rtetlm U color, ulaw" W '"It,tterai style. A ca its swat Hull m S•mltt" is W aproe" by sN "assly PISlnm prior U fc3man of bellel" "sees. t. All not "Wm ". Imle"y air cmdlllwn, tall M ertallKtMelly latepaGd. [►lolAN fm rise 14 9-r "Old battered free wKat rw�wtI" a4 str"ts a replr4" w fia"i" W lkalldl" of ll ml t. PauPS WII M iK14N In Y /Idly Slat. 0. r.ftio, a Mledu Agrees 1141mU sad Mail, as Mlaa Plam) "All mas a diagram "Is'" 1 dlealst. d V lot laulcoml UA &MIS cmmlam Ir milk UJftmt U Pont" null IIKI41" small. 3 te•t11a" ""fill" Mttllaarryyss Kms elmleelm 9-M" full M -- Iro•I.Yd uroaromt fu ft r100m t U 0Sm•tt Idllipp eau raw J .area. so M"almel etas. .0 3 all banjo W.I. aisles. au"[n. Add lilts Wit " tUjP" W Clay nu4ur". e l flu e s la door seasawr% If alnety less Vid fast s dertt Cridbck sloosaft. _ S. ere idealists. taadill "S 44 msulstl "s :WI n3t"ct fu srorege of resnatles,l Mlatn as "IS s't• mine Lary an tea prIr.11 e torte at tnit/erUl1" fv W awl W ptl/ac "nlo as "[�1 Irtrrlar clroLtlm allies *tell ttm le "sl"uW sllltor Pent" ,rose. �{. My mcorlty Mtn as" M i belated U W aflaa4 by W Viol" 01•rslm Sad f "um fire OlstriCt prim ad Istoamd of lkolldl" P wits. 1a41u U mull" u4Kap 9-4 Inlp[tlm Plm, Im'w"ll slo Platt". full m adapted fir resift one by Me WSW Iml[ry prim m pc f[1mKe of baldly laret oPPrenl Is at "to of a cost" let Sddulslm. 2 COUt,alf teat Mall be petal•" ou age, [pnil.U. es AIM qnr hMit. IKIedIM a "tailed P " Ptarrlas Mils," prix v waPpooel of Itoo r-do I4f "�f' Uld Pla "If ,be late Kcolat W POW's "41st. d" tore in b U ",1Kd, Heald, ma h. W dud roe turf will ad Plated feu f"leawt of near" Steel. PROJECT NO Q? /3. unec teas. a elatws, 9-2 If 9.1:m use a, 1[rSrr. wit Iatailts W city St,tlurd h Kmrdr•[e alts err mail, /ma a strut teat far tal city of fae'kS Comma US Wit m pilot" at as swap of onq 30' Or faWlor street, W D' a ..U,IM "mu. 16/4. A elalr�_of F+ 4M Iv rest an C.Wl%��p' of� at /ellmic/ laiolr.mMS F. Walsall i rr.I+Wim0l��. X V 'Yd iLe bas. A alas, of pv 1 of tat trees I"Ud eight. W paint LUIS U Sa[/om slat - .t fa[o Ado m Iuyar. —Zd. via.. Partly tots, tors WII be PI "t" at a nU of om Isyplle[ else cm "•. e"uy 1 Nftly sullt, s "Pica" u pail"ballast of W pnly am it sager 1sw m A•t"t 21. I. Turf "All M P1mW U arcs Of Smile cola Waeat to Us'lay Igiwtem at a rate of W Salo M 30 lien, last of eslldl" dlf bat yNllt \,asap.. ✓c All flap "I U Omni At lire IS) fast U statical befog 9-4 of 2:1 9-r greater Slap full be uadrAW W 1119-11/ /u emlm [steel .ad Soflaa tool, a/au,Ko coo lallSO. am IS•"Ilm 9-r larger o1,, tm W sea ISO ad. it. of ,Imp arm, wt lyslles n 1m u_ It. of rl W aaaa. a" "aeMlaa .3- ;"1061 bait led of 2:1 or rater give WII oil. IKIW 9-•o s- pit" M Lulu size tree fu art no $4. Lt. of 1" 3n4 lens AS, angst WIl U Pleated Is Styared Staled t, mil" 40 "p slap ove. 31edoo1 Pl "tlo KPiM y uls scam Wit IKIW a ad em .t I"fallm "ltm te U fault" a the deegiepl flu m �. Sa�uytiW "W d I' loan" m l$JM ca ta"ISOm Yaal"d1. I430m0 mat IS mid W coal" U ate Later. Mr Se "lmgi" P1�01rts1ump by mdttareI, futp it Is 1 mltlsfutary ccWitlmW all 1s4lcLpw rat Wll Ad Wise "m11. a Lulu US i "1•.p lmdltlm, feel fm ado. t 11. feat Nn Ia4u,11aC a rplM W 'kill fKIW, at • el•Ir•e, me is-Salim alp tea. We 6•" LI. tea me"d Pe+a a "n pfor fa KALaLa SMMIS "Ir�eGW11 ad I. Wltlm Sea m npa� stmt area. ✓Ira W 11 "1 OnIP at t lead Mrewn w11A, Iaadugl. aKwllt Wit M lacteal. 1 a clashtt'Klf atw q•PUn4��w rawly o/ Isla tW fibs w small rat lall"erly 0lrlslr, ' IgIM fir ylo ryty IKtw r- etpim JI. Spatial Iwt"p fabtOm un AS redly. Allnlal rest. MI. 11re ems. ""duly Shales Mn Mnrttal dawl w - / lata.allied ucKtgl ". Is Moored slope 11 Water aw aKtp ewenatlr —� Irrlp[(jwl. Mt uIwYi1 bleat ~yWo tasYloet o Ij,. Marlaf "In. M,W tesu[ge, eft. IS. rlyat q. w Inlptir snton ""lead u u teaselled r tmbllc wl.tal.ed b t►r d_IQW o' nos best Am ab111 6. rrtlewasly uu W IuduaPe 1. ° rill "c tr U W coy a Mena tiara district. ✓1; . All Malay wlb WII M pre•IW wn eesr11lva tre.d.t. f. Signs INI4lNpr use S bIttad lass Are mot agMetl Nn nit uN crf.rwKe awn frMnN far n�t Mely�t WII M MIPN Alpllutl" ty yPWwedSIP }d1rKe w Wll rpin "Wass Into t.tlrpanl0.r+yyMies, U the Floating Dl.itlr prior u f. llarlp Dlelafr far aorirnmie�aw teal ores" :aDmitto M lalldly h"Au. �. Olmtsry sSl.rt Slpw Wit to gnaw for µdealt, co-deallafm Pier u "L P q..d "' np're Isse M gladly pneltt. 1y tae Il wc Arlp Onlsi" Par to 0. ota lee /1 loenfllt fire hatectfoo District Stryns. Iw 1. KcaN.K. NY N y lu e ate Oln ators ybal- aw 1w an Football fin District re tatnt m a [ •reu. �1. Prior to Iswace of Mill's f.rdu for Combustible goostm 'r. ea Kale aball be l"a"d u W f"nlll fire District Pal t"ywa" wee se"I, far fin Wettest" It Available, pal's "Tittle Of replrw fire pntKClr tystw. PRWECT R0. Ag _•• M •Nllwt 'I'll weals W O.S. Prs41 IaM1I" u 4 "re14 W tV.nreerla t Sat aims", t'114 ell teas, iylt so U d ttral" l tfatpb l� atsll enrb" tine P p• dal. dal wli "an IN �S• rah Weftet falls 6 nnit W eteW "uaw qr.r tna. WIf4 Pttl[IpI fr N W "Ana p beb"1 K�.tt spin reaw a i of al'°i�ealb calj F"Wir U of it, C.C,,,,,, r �l/Yd a [HItN[W lro District w AI tall District [O wfl aSas rnaMw. r sal n wban�. ta, r u [oiYt/r lines free coat f �ef r hoes[P.Ou sill be nylr" itla IrefKt tote Minn . anlwtea pl[uracal IaaKl ". A[y al teat'", rs4s,f "'les.tf", tar",, N W Ols[rlc Ires.natl "t 114 wtWa rn ml" w WIIaK DIfI M SWI e[ CONTACT. re [ V [a.rslll. DOIIK[ h" Tr fgtyl1e =: O. Slu I ! I. [TM . ml fth""all cogly Nn W I.l"t got" Kifen ►Jodi . V Slalb /t Cade, fa" of ems• afnfll[Ki6luf allies CcOo K"stale? "Itt"a is affect at W tlr.f uswKe.f "tall" peal is. �r. MK 4 /tae. K r/ldly Pews [" •near mld"tlai dwlllq P"Itl�or manr an at D , r "111101 ",list. use "Itc "t WIT M ere "p to tpYltN q tw nus11YN "u. Lan fm K IKI fSjaolKfaucipa fa"'c'Wnt city I".IM�tsICW Ia ctMly Im, .K Mee u Isswes'e M Yflldty Plate far A Ore C.arrt "i e trial Knlsees.t or wide u A. lisllp teK.t, W d"lle"t IK1.KW d"etap"st fen .t W nt1b imbed l"I.. Sy R.IMP h"It W limb Iu1W ul y[ta p"Itpnt f", C"41M fan. Zd. Stmt "araW WII be Pn•Iw y the Ktldl" Official 1. "fail "slatan hw1K catillru Nn W O[Ifp" Mlldl cl"cle�a[t, cw /Kay use, am w fin nsl"idt l�mnep a/a[i w., -4- t. 1. i 1. J. Genet 1 v �S. i. Waatpley MIIa1YfsI "all M lww to comply loSh cant Building W dm11 so" Ia[loes fw tad weeded rd r lu 6o11d1Y WII M talKing imp dllsatel ("llilles WII M caiSd, am. &Ww c 0 ceaply "to W edife" P1061" Cede. w air" Mllllng edderPrraed r -ette allllttes a" to be Totaled W afro M Mlidf g plus labeltled fee MIRY pMlt apPllutlSe, told," of She ad1Kt Vally steal M to accordance do the MKtlies. II7M fl• CI(y (.l�tleeeI Steeyr♦ra w etcgtw IrK1Y aa1Sh She ir"us #IM %I, Y le USetMtitl crfnnKe Mppnd uac "tedl daWing pill. A Seale ""It tell be p "amd H a prllfted js~ Ilcared 1y lee SU W ef CAMMU u perform toot Met, cola dr,.iliraot It lKaUd e1Sh14 tad Sell amlM cedt"1 6aeede In& a Sell Ilttrb a /Knit It espilred. IIeW crtKt SSe Imo: ding laMly Sept. of Arl"it" at 17111 TQ•tlll am c("It appllU�.�_ Iccedeetntim eii xcf pMlt WII M allo/tled ta iM [IU plow V lesedote M fedM VediY PWWL A tpaeelollul rcpt Wll M pspared b e eeallfled eYleer r scol"16 w srrltW at Me lied of ngpllutlM fr, grading pled w flee, PMT"aI plus Mali M crpletM W "prow Mr ed lteetace M tlo IMY paMU. As a crttao.Ut taMislslm. tad 7ollrelng repa/redrU WIl M re: o. So"ty WII M pafUS w " std+ t rooted paarseWtng completion of UI K•tlu 4,,MSpee facilities Ircnup ee f dmtm /Y all Parceu. M W seam ma, of W 1411KY W safety IUlsom ploy u rvrctlr of •o mp and Prier Se w Isaedede ad eq p>w pearlts. 6. AWWIAU eeserats, fee Urm dlipsul of ralmp veuf Wt o" cMOct" Bata r Mr edlKrt Pamis. oft U M dellmlad and Mseded M tad Setitfactle, of W MlldlY w safety IlrlalM plow to Iswco of or Pedlep w Willing fa"IU. C. CI•slU ratow Igrarat.U, oacntep for dMUrtep r IPetesetetl" belief" properties. M to M UIUIIed peer W Y penits fw coeatrmctlr wpm eey Panel Shot may M WJKt U, r c oulaom M raimp fire ester, . lnrlY r .1tNO a Panel "left" SAN a1/0 a Mildly Permit le "prated. .5. PROJECT NO. A?�plf ; d. Ilul trading Pam fee Met pKel art ad 6. l fttde U Wi NI „loYIt PSWhtll ablalr fee lyMll v hwxe K ceYKlta Mlia.l - Ala• Intl lay to an y Ix.salci r. e. All fIV$ WAS U loans of flee Isl flat I, hanxil 6elpat w K 611 r Praniline 1 a lull M aredes WA rcln Ylases der erullr of a� Sell e14r elUnutln rood e7 ervalr 0 Hills "I City litter• Ulu °tlafxtlr of Oe BuISIY grelrta W seed w rleU1� rlNtllo WII U em141 to Afw Prrmllatiee, booth fee a WIdd of 6 .rua tE11SpItC IIIISUII C. katemr sac Irlotr men, /• Iy` -fV1 r W11 M edde b.' fl”) ey of all Ictl.Ur stmt Mehl. Illinois c�rlity (rte s 1,81 It t4r r W troUllr re. IVMWM Trill soon. Trail r'Otl•ef.eey w tra: feller �t. Cadltetir Sholl M aede of the falloA , ta.ef.ry do See Shelling steno tarslaed am stmt cwtKllrl: teul feet ee� F f? /�.�• taut that an Will feet r total feet r L 1rrareca6lo eit" of dedlutlr fr feet ON .fry lateen tell be wl tee all pfeoU ttmu -&—&I . tea. r vvwu if" radio will M rmPlw par city Steaaarts cot S. edo•rdlbUr access WIl ha ded1esW to tad city (w We fellwes amts: moL iKipwat ums Nt,,,,U W mo.ol,OM op is marl f act... M all ponelt W Joint rletaarce of 411 less ghats. *ties all Parting amt Will M emits 61 CCM•s w 61 dreda lot tall) ha ,a~ macrrMt Mu and lap w Pair ta Istrac. or aelldlng preit. warm "up Is ifvelw. 7. Private ralryo Patrsls fw cml•101 *tlrN stall M nrti" w Wll M delineated r rtlm as W final lay. ri 4 1010�. All *.fail" Iasesta6 Irf" NUB GO" rl/d -erwj an U M WnLlalaet r ta M ellwtaa a Ut w W city C"iWo nplruests. f. lataats Ir slda .lU fm AtfltC aw Nall M YA'ated U W City Mar, 6 1 a0ells eWw D~ pinto plVarti. I. Stnet Ianovwls 1 Cosstmt fell Stmt tapreraat" lecledlaf. Mt et ltalted M, tiara "Al "Star, A.C. patammost. stbedll. run awroachu. Armes./ inert W stmt IIMts on all MtMr, ladle straws. _ i. A dataew of mlat NM poaat wish • Wine dr rslutee rlpt- @F-raj WII M CasiraUf for NI ►11fdKtla edmtt. we'1. Cassract W fellal" ty�ts IaclsdlM, lest on Italted U: 111Caao leclebslpbcv /" .alt Irrlotlta a ter. get LA. S IIIM 610`04204111 llr per rn tl..1/in reel Wee " pmlm fr to. limit u Onto. ✓, ",It Ad M So ArCd W rlNcreachaeo: Artois art 6, aitLlow fialLmi City t "loaar's Allows, to oaalt /a tAtaSol .that pralU repaired - Ixaaecrv.'Itepnl"at111V 1►IYStIn +lU1��nW. A/iI -Hay- aI] be "Ared far all -- A. A C rI os ctolt *r City S M rb $4411 of 4WKt taNmeledW CIV [.paw fat PRDHCT *U.'DgAgy ? Z7. sroty Wll se pslN W Y .levels osmtad ta ut YtILfKt1Y of W CIV C+wiLaLr YI W CIV Attwfna wroatwly LompILt1Y Lt Cap pnlic m- �vfnSo 1t"ll I+rLrgU. fried So arrow at W fuel W r W ItsKrcp of Mllal" peralls, ratctmr Ktwt pint. L stmt Idprepat IIYS wperr staoeN Iw W pinta studs w drive small M tops ad Ir m W 0IS al 4 W CIV Uf1Yw. L irir M aq wort Mtq -f Y as arinstreets ta st w Ilan, /w "all M NIC Poe a La ttY wradt WIl M YV.tw trop W CIV spar's 0111Y, to Wltia ta day low pelts reptrpo. wle.10. OI stmt topnamenU 11+11 M Installed is W sallslKtlm of W City 1"Irar. �It. ?4 a t stripl ", e011001 traffic sd stmt ov slplp "all M lostalled W W nplr ft el W CIV Irafflc i"Ileer. ✓S. 61st1" CIV nab n�aaatrl" rKastnctlaa shall miles w"eeLa fw Vaflle &I. all Sloes trio as w setwrs MI" crostm . A stmt clew. (waft aV M respired. A uY arAKll suit M roplm ta taapr W vt of Vass W Port". Ytta WII M n /aaM a CrfMttY of W mattress . p W utlsfKtt" of Ua City C "Iwr. U. Ilaltsrafs Pall M prYlaed Mtttte PrAl1c Slsaslts W Y-altp Pedestrian amp. It. co catraW Aolaate noes Uall act cros nMaus. a.aw suceu — tale Wll M Ietalled U CIV Studdrb. Is. A Adroit bill M raplred Iran CLllrae /w a" Yd "Ce" Up rcllal" r1OHf.Cryt IC rule. W need Cstnl �1. drslep facilities "Ired�V lW Yilaly official d all aslta 7. latmptla Aulu all M rapid at W tallwd" IKatlYs: —A' w.tMft/aro,weds pm�lal aaecYm su11dAd oferlaed as ,Wtfflpf y a f "ISUm Cloli c"iwr a" dpf cd b Of City Lntoaw. 1. A slop Sweatt Whr naa pntwtla Ili all Y moalred to —� protect W stractrY It .uterus/ "t rwlt to tlmta, r U ' tied raft. 11� �Immu�_— F� -- -___ 111Caao leclebslpbcv /" .alt Irrlotlta a ter. get LA. S IIIM 610`04204111 llr per rn tl..1/in reel Wee " pmlm fr to. limit u Onto. ✓, ",It Ad M So ArCd W rlNcreachaeo: Artois art 6, aitLlow fialLmi City t "loaar's Allows, to oaalt /a tAtaSol .that pralU repaired - Ixaaecrv.'Itepnl"at111V 1►IYStIn +lU1��nW. A/iI -Hay- aI] be "Ared far all -- A. A C rI os ctolt *r City S M rb $4411 of 4WKt taNmeledW CIV [.paw fat PRDHCT *U.'DgAgy ? Z7. sroty Wll se pslN W Y .levels osmtad ta ut YtILfKt1Y of W CIV C+wiLaLr YI W CIV Attwfna wroatwly LompILt1Y Lt Cap pnlic m- �vfnSo 1t"ll I+rLrgU. fried So arrow at W fuel W r W ItsKrcp of Mllal" peralls, ratctmr Ktwt pint. L stmt Idprepat IIYS wperr staoeN Iw W pinta studs w drive small M tops ad Ir m W 0IS al 4 W CIV Uf1Yw. L irir M aq wort Mtq -f Y as arinstreets ta st w Ilan, /w "all M NIC Poe a La ttY wradt WIl M YV.tw trop W CIV spar's 0111Y, to Wltia ta day low pelts reptrpo. wle.10. OI stmt topnamenU 11+11 M Installed is W sallslKtlm of W City 1"Irar. �It. ?4 a t stripl ", e011001 traffic sd stmt ov slplp "all M lostalled W W nplr ft el W CIV Irafflc i"Ileer. ✓S. 61st1" CIV nab n�aaatrl" rKastnctlaa shall miles w"eeLa fw Vaflle &I. all Sloes trio as w setwrs MI" crostm . A stmt clew. (waft aV M respired. A uY arAKll suit M roplm ta taapr W vt of Vass W Port". Ytta WII M n /aaM a CrfMttY of W mattress . p W utlsfKtt" of Ua City C "Iwr. U. Ilaltsrafs Pall M prYlaed Mtttte PrAl1c Slsaslts W Y-altp Pedestrian amp. It. co catraW Aolaate noes Uall act cros nMaus. a.aw suceu — tale Wll M Ietalled U CIV Studdrb. Is. A Adroit bill M raplred Iran CLllrae /w a" Yd "Ce" Up rcllal" r1OHf.Cryt IC rule. W need Cstnl �1. drslep facilities "Ired�V lW Yilaly official d all aslta 7. latmptla Aulu all M rapid at W tallwd" IKatlYs: —A' w.tMft/aro,weds pm�lal aaecYm su11dAd oferlaed as ,Wtfflpf y a f "ISUm Cloli c"iwr a" dpf cd b Of City Lntoaw. 1. A slop Sweatt Whr naa pntwtla Ili all Y moalred to —� protect W stractrY It .uterus/ "t rwlt to tlmta, r U ' tied raft. 11� �'• AOe�ut:.41 nr111rt tttlt M rid fIr Xtq aid tw /at lrCv tort" Oy f"t" frr X=ta .ary Altpul at 6. 1' tll"I" "",till mall M rtlsr, as rlr Mu, carats stnetltl nobly , 4.6tuttr' spatial twD Mlou tree tin y�,tMt "Slid street crrctlrs "rj car"tt NITS, W/N I,rtttytd Mrr MIS rA relit 4lrrryt atppyeetj Ilea /• A 1141 /r,Wp,tr} Wll M %"tied u W / 6prer prur 4 ypartl et Ms flrl Skoap 0, Is a of M11ilq pan1U. MltMrer ecm tint. All MAlrp '"dull, WII M Inull "' "Ind h W CIV Wader. .i "Milts I Us, C aea ty need ltltrwl District Is nolr" far .art M. utilities t. froelr se"'Ate etlllty sonic" n ale* pmt Seized" wits" 1.11 w"erirer litre. pro' el MtMl per. t4u Wft, w crlo n "all M mpond. Mn the 0tllit) S"W"1. Canadian MrIW is Moll". v = TMI de slow gull, mw"", far be nncAtlr 0f 'lilt" 0. f+rnl'minrsts,, AN"N I. A NKeI eB Mail M recor'fN Iron n lint MAr dedi,ulas n peralt crude w/ ruetepil" percale. J. The felloNwA Wtaoter n"ecy" prW"t an Moll" is M Mr." to lie 1„MCap, rttMMCe "evict: V J. Prior to rouriaMlow. a mica of lawt /M n fen aww Seto CMMI iV e"Iwrl Districts Wll M filed Nn qt Clt7 co ,wee h the calls 1'ol,oe n District fwtlr Wll —,. retie s/ rtrti" n Jen the r41M Itl" LeAtluape r /auya" Diet Mill M filed with can City CaacIl Peter to approval of tap Elul M► or lstoalfe of billet" pMlls, rICMM- Mint lint. S. The separate r, tIwj parcels ,tubed wln:o to e"1Kt Mwwrlal "All M tayall/ cadre late el" panel prior to tap •,"M[, of ,"Illy Pirelli. PROJECT No.d;2!?_,Vj3 /• AMnrA�f Yw Met ass r I rtwtt slWll M Irer1AN vier u rcen lint, fen ttluly pelt, rick~ �. trite of Istrtlr u fan &WM Jet ne t 1 tl Alaultt WII M /sled Mq W Cllf Ce.w11 b M r rKereat slat tap oq r n'Mre al ell /ly pnib, rlWrr "tan lint. RESOLUTION NO. V(3 - 505' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHDHGA, CALIFORNIA. APPROVING A REQUEST FOR A DEVELO?WXr REVIEW. LAMER 88 -03, TO PERMIT A 20 -UNIT APAaTKENT COMPLEX ON 1.:.3 ACRES OF LAND rN THE KEDIUM- :r. HIGH RESIDENTIAL DISTRICT AND LOCATED AT THE TERMINUSES OF SIERRA MADRE AVFAVE AND MAIN STREET - APH 207 - 251 -22 A. RECITALS (i) Alan Smith, on behalf of the A.E. Smith Company, has filed an application for approval of Development Review 88 -03 described above in the title of this Resolution. Hereafter, in this Resolution, the subject Development Review request is referred to as 'the Development Review% (ii) Ca June 22, 1900, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of the Development Review, and following the conclusion of said hearing, adopted their Resolution No. 88 -117 tlereby approving the Development Review. (iii) The applicant his filed a timely appeal of the approval represented in said Resolution No. 83 -117 on the basis of tro (2) Conditions contained in said Resolution. The Conditions appealed are described as fol1 M: d. The requirement to obtain off -site dedicat(a. ind construct street improvements (Condition No. 1 - Engfneering Division). b. The requirement to pay an in -lieu fee for the future undergroundir.g of existing overhead utilities (Condition No. 6 - Engineering Division). (iv) On August 3. 1988, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the subject matter of'the appeal of the Development Review and, on said date, concluded the public hearing (v) All legal prerequisites to the adoption of this Resolution have occurred. 0 RESOLUTIOV NON, THEREFORE. it is found, deten.,ned and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A. of this Resolution are true and correct. n 0 RESOLUTION 96. DEVEL9PME47 REVIEW d8 -03 - ALAN SMITH August 17, 1988 Page 2 2. This Councillhereb,• finds and certifies that the project has been reviewed and considered in Lrorovv Quality Act OF 1970 and concurs w ?ence with the California EnvSronmtental iB th the fssuauce of the oftigated negative Declaration issued on June 22; 1988. di ring the above - referenced August 3. 1988. hearing, Inc udingg worittenustaff n•ports, the winutes of the above- rsfererced -)Una 211, 1988, Planning Commission meeting and the contests of Planning Commission Resolution Ho. 88 -W this Council specifically finds as follow3: a. The Development Renew applfes to propperty located at the terminuses Of Main Street and Sierra Kidre Avenue within the Medfum -High Residential District (14 -24 dwelling units per acre); b. The property to the :wrth, west and south of the subject site Is within the Medium -Hfgh Residential Development District and is airrently developed with single family homes 4 n apartment urits o thA north and west, respectively, with the A.T. 6 S.F. railroad and vacant land to the south; c. The Development Review contemplates the developaent of a 20 -unit apartment complex on 1.08 acres of land; d. 68-117 �(Con�t ono! . Planning Igineering Division)ithatothe Developer obtain off-site dedications and construct street improvements ana (Condition No. 6 - Engineering Division) pity an in -lieu fee for the future undergrounding of the existing overhead utilities remain an faportedt and necessary condition; and e. The Development as specified will not contradict the goals or objectives of the General Plait or Development Code of the City of Rancho Cucamonga and would not promote d &trimental condition to the persons or properties in the immediate vicinity of the subject site. 4. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon thn specific findings of facts sat forth in paragraphs 1, 2 and 3 above, this Council hereby finds and concludes as follows: a. The Development Review Is consistent with the General Plan and l4vulopment Code of the City of Rancho Cucamonga; 19 R RESOLUTION N0, DEVELOPMENT REVIEW 88 -031- ALAN 9SITH August 17, 1988 Page 3 b. The design or improvements of the Development, Review is consistent with the General Plan and Development Code of the City of Rancho Cucamonga; c. The subject site is physically suitab)e•fo; the type of development proposed; d. Tier design of She proposed development is not likely to cause substantial environmental damage or avoidable injury to tusans or wildlife or their habitat; e. The development is not likely to cause serious health problems; and f. The design of the development will not conflict with any easement acquired by`the public at large, now of record, for access through or use of the pruperty within the proposed development. S. Based upon the finding: and conclusions set forth in paragraphs 1, 2, 3 and 4 abcve, this Cuuncil hereby approves the Development Review subject to all of the Conditions set forth in Planning Comotssion as Resolutton Ro. 88 -117 (a copy of which is attached hereto and marked as Exhibit "A "). o 6. Smith Company TthatCt" time witthhin whichsjudfcial to e view ofittheodecision represented by the Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.9. 7. adoption of this Resolution, ar dh( b} bfodrthwithdtransmit )accertified cc%py of this Resolution, by Certified Nail, Return Receipt Requested, to Alan Smith at his address as per City recerds. a Y ~' ;n i — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, IOU TO: City Council and City Managor ° FROM: Russell H. Maguire, City Engineer BY: Steven Allen, Assistant Civil Engineer SUBJECT: Acceptance of offers of dedications from Parcel Maps 479 3534 and 3381 and from the County of San Bernardino, Book 8651 page y 555, for street, highway and related purposes, offered as Ridgeview Avenue (60 feet wide), a north /south street located west of Haven Avenue and north of Hillside Road REC0MMIATICK: It is recommended that City Coum it adopt the attached resolution accepting the 60 -foot Offers to Dedicate from Parcel Maps 479, 3534 and 3381 and from the County of San Bernardino, Book 8651 Page 555, on Rid3eview Avenue and authorize the Mayor and City Clerk to sign save and cause same to record. Background /Analysis The Developer of Tract No. 10414, located at the northerly end of Ridgeview Avenue, has requested that the City accept the iedication of Ridgeview Avenue as offered on Offer of Dedications recorded in County of San Bernardino, Book 7299 page 237. Book 8651 page 555, Book 9037 pages 1192 and 1193, and on Parcel Map 3454 as recorded in County of San Bernardino Hap Book 32 pages 38 and 39, as per Planning Commission Resolution 87 -21, passed on the 25th of February, 1987, and in order to have access to the tract. Ridgeview Avenue will be fully improved and will have the minimum required right -of -way (60 feet) for a local street. The 30 -foot wide offer of dedication from Parcel Map 3381 offered to the County of San Bernardino in November of 1976, the 30 -foot wlde sffer of dedication from Parcel Map 3454 offered to the County of San Bernardino In February of 1977, the 30 -foot wide offer of dedication from Parcel Map 479 offered to the County of San Bernardino in August of 1970 and the 30 -foot wide offer of dedication recorded in Book P651, Page 555 of the County Surveyor's Hap Book to the County of San Bernardino in Harch of 1975 were all rejected by the County but are now needed due to recent development in the area. Re li submitted, R161•sA•s-4_ Attachsw!nt 31 'i �g RESOLUTION N0. - A RESOLUTION OF-THE CITY COUNCIL OF THE CITY OF RANCHO RIDOEVIEN,,AYENUE ASIOFFEREDD FOR STREET. HIGYNIIYCAAND RELATED PURPOSES The City Council of the City of Rancho Cucmmga does hereby resolve as follows: Section 1: The offer to dedicate to the Courty of San Bernardino. State of orn a, the property heroin described for Street. Highway and Related purposes is hereby accepted. Said property is described as follows: Those portions of the easements as offered to dedicate to the County of San Bernardino per easement deedr, as recorded in Book 7299 Pa3e237, Book 8651 page 555, Book 9037 pages 1192 and 1193, and on Parcel it3D 54 as recorded in County of San Bernardino Hap Book 32 pages 38 and 39, in order to have access to the tract. Section 2: The City Clerk is hereby authorized and directed to ofuthe County�Rerder of thesCounty of San Bernardl o, State of Califorta.ce IN VV\ t 1� �,. 11 — CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: August 27, 1988 TO: City Council and City Hanger FROM: Russell If. Maguire, City Engineer BY: Joel Lazo, Junior Civil Engineer SUBJECT: Authorize the advertising of tho 'Notice Inviting Bids' for the Ettwanda I Street Rehabilitation - Pecan Avenue, located off Victoria Street and east of Et1wande Avenue, to be funded from Sat Tax 2107, Account No. 09- 4637 -8702 and the Ettwanda II Street Rehabilitution - Catalpa Strset and Cross Streets, located off East Avenue and south of Highland Avenue, Improvement Project to be funded from Gas Tax 2101, Account No. 094637 -8703, to be advertised as ono proje:t RECON(E1DATId1: It is recommended that City Council approve plans and specifications for the Etivanda I tnd I: Street Rehabilitation - Pecan Avenue - Catalpa Street and Cross Streets Improvement Project and approve the attached resolution autho•fzing the City Clerk to advertise the "Notice Inviting Bids'. DACKWUND /ANALISIS The subject project plans and specifications have been completed by In-house desfp, reviewed by staff and approved by the City Engineer. The Engineer s est -mate ror construction is $157,200.60. Legal advertising is sched0ed for August 25, 19e8, and September 1, 1988, with the bid openirg at 11:30 A.M. September 8, 1988. Respec submitUad, Attachment cc: Purchasing 33 a �m ti a N K' RESOLUTION NO. 99 - 6D'7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING PLANS AND SPECIFICATIONS FOR THE ' ETIWANDA I STREET REHABILITATION - PECAN AVENUE AND ETIWANDA II STREET REHABILITATION - CATALPA STREET AND CROSS STREETS IMPROVEMENT PROJECT', IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUrNiL OF THE CITY OF RANCHO CUCAJRJNGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and aeo hereby approved as the plans and specffications for 'Etiwanda I Street Rehabilitation - Pecan Avenue and Etiwanda I1 Street Rehabilitation - Catalpa Street and Cross Streets Improvement Project'. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: 'NOTICE INVITING SEALED BIDS OR PROPOSALS' Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HERF_'Y GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 10 :30 o'clock A.N. on the 8th day of Septecber, 1988, sealed bids or proposals for the 'Etiwanda I Street Rehabilitation - Pecan Avenue and Etivandi II Street Rehabilitation - Catalpa Street and Cross Streets Improve xnt Project', in said City. Bids will be opened and publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be rmade on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, 'Bid for Construction of Etiwanda I Street Rehabilitation - Pecan Avenue and Etiwanda II Street Rehabilitation •• Catalpa Street and Cross Streets Improvement Project% PREVAILINR WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1. Articles 1 and 2, the Contractor is required to pay not loss than the general pre ailing rate of per diem wages for work of a similar character in the locality in HIM RESOLUTION NO. PAGE 2 which the public work is performed, and not less then the general prevailing rate of per dies wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California Is reouired to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rotes of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C. Rancho Cucamonga, California, and are ava'lable to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be oosted at the .fob site. The Contractor shall forfeit. as ppenalty to the City of Rancho Cucamonga, twenty -five dollars ($25.001 for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or, mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under hfm, in v olation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices m;y be ermployed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employfng tradesmen in any apprenticeable occuvation to apply to the Joint appprenticeship coanittee nearest the site of the public works project and whfch administers the apprenticeship program in Nat trade for a certificate of approval. The certfflcate will also fix the ratio of apprentices to journeymen that will be used in Ns performance of the contract. The ratio of apprentices to journeymer in such cases shall not be less than one to five except: A. When untmployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B When the nimber of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or 35 RESOLUTION NO. PAGE 3 D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts an an annual average of not less To one apprentice to eight Journeymen. The Contactor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentfces or Journeymen in any ayirenticeable trade on such contracts and if other Contractors on the public word,. site are making such contributions. The Contrai:tor and subcontractor under him shall coyly with the requirements of Sections 1777.5 and 1777,6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requiresmnts may be obtained from the Director of Industrial Relations, ex- officio the Atministrator of Apprenticeship, San F-•ancisco, California, or from the Division of Apprenticeship Standards aid its branch offices. Eight (8) hount of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall coyly with and be governed by the laws of the State of Ca'ifornio having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor ;hall forfeit, as a penalty to Via City of Rancto Cucamonga tventy -five dollars (625.00) for each la'aorer, workman, or mechanic employed in the exeation of the contract, by him or any subcontractor under him, upon aN, of the work hereinbefore mentioned, for each calendar day during which said laborer workman, or mechanic is required or permitted to labor more than eight (81 h3urr, in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments ara defined is the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount [yual to at least ten percent (101) of the amount of said bid as a guaranteit that the bidder will enter into the proposed contract if the same is avarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. 3(p 3 }. �ws RESOLUTION, NO. PAGE 4 s The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent. (100%) of the contract price th►.reof, and an additional bond in an amount equal to fifty percent (502) of the contract price for said work shall be given to secure the payaent of claims for any materials or supplies frrnished for the perforsance of the work contracted to be done by the Contractor, or any work cr la:wr of any kind done thereon, and the Contractor will also be required to furnish a ccrtiftcate that he carries eomoensatian insurance covering his employees upon work to be dcna under contrcct •hich may be entered into between him and the said City of Rancho Cucamonga for the cunstrkction of said work. No proposal will be considered from a Contractor whom a proposal fort has not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class 'A' License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Secaon 7000 et. seq.) and rules and regulations adopted pursuant thereto at the time time this contract is awarded. The work is to be done in accordance with the profiles, elms, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 9320 Base Line Road, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Enginecr, will be furnished upon application to the Vty of Rancho Cucamonga and payment of $30.00, said $30.00 is nonrefundable. UpDon written request by the bidder, copies of the plans and specifications will De mailea when said request is accompanied by payment stipulated above, together ♦ith an additional nonreimbursable payment of S15.00 to cover the cost of mailinq charges and overhead. The snecessful bidder will be regm red to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forLr In the Plans and Specifications regarding the work contracted :a be done by the Contracto:, the Contractor Fay, upon the Contractor's request and at tae Contractor's sole cost and expense, substitute authorized securities in litu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and ail bids By order of the Council of the City of Rsncho Cucamonga, California. Dated this __ day of 19 ��' a7 6 v s Mr. Herrick stated that Mrs. Roberds did not wish dplI'gnation. Commissioner Cooper stressed the historical sig ficance of the Roberds family. Mr. Ron Roberds, grandson of the Ctrs. Rilla oberds, expressed his opposition to designation. He stated he was concern about the resale value. Acting Chairman Banks closed the public earing. Commissioner Stamm stated that she w Id like to retain the identity in some way. Acting Chairman Banks stated tha this house can not be seen from the street. She stated that she ca of tell if this house is attractive enough that saneone would want to use t commercially. Commissioner Stamm stated th t it has cultural value, maybe not historical value. Commissioner Haskvitz sta ed that maybe the designation could be reduced to a Point of Historic Intere t. Staff concurred that s could be dame. Mr. Herrick consulte with hiz clients and stated that the family would be honored to have the oint of Historic Interest designation. Commissioner Coope moved to recommend designation of 7201 Amethyst Avenue, the Roberds House as a Point of Historic Interest to the City Council for approval. Conmi sicner Stamm seconded the motion. The motion carried by the following vote: AYES: 4ISSIONERS: COOPER, STA1'74, HASKVITZ, ARNER, BANKS NOES: OMU4ISSIONERS: NONE ABSENT: 1CCW- IISSIONERS: BILLINGS, SCHMIDT -- carried 0. Arlere Banks presented the staff report. Acting Cha'rman Banks opened the public hearing. Hearing noone, Acting Chairmn Banks closed the public nearing. HPC MINUTES -4- 300 JULY 7. 2988 0 Acting Chairman Banks stated that the idea of movi•ig the barn was Presented to the Etiwanda Historical Sictety, but it is really too big. -,She stated that maybe they could design the new barn as a replica and usa the siding from the barn. She stated that she was`roncerned over the time limit given by the Hater District to move the barn. Arlene Banks stated that it was her understanding that the 30 to 60 days was to decide if the Etiwanda Historical Society was interested, not to make the arrangements. s Larry Henderson stated that the Hater District is concerned about liability if there was a fire. Commissioner Arner moved to recommend designation of 9370 Etiwanda Avenue, the Etiwanda Crape Products Co., as a Point of Historic interest to the City Council for approval. Commissioner Haskvitz seconded the motion. The motion was carried by the following vote: AYES: CCR4ISSIONERS: ARNER, HASKYITZ, ARNER, BANKS, COOPER NOES: COMMISSIONERS: NONE ABSENT' COK41SSIONERS: BILLINGS, SCHMIDT -- carried Arlene Banks questioned if the Commission agreed with staff as to documentation of the building. The Commission concurred. E. A Arlene Banks presented the staff re t. Acting Chairman Banks question if the City Council Resolution would be able to include the two recomen ions to the Planning Commission. She stated that she wanted the City until to be aware that the Historic Preservation Comission is aware of er opposition and is taking mitigating measures. Larry Henderson st ed that the City Coun :it would receive all copies of the previous staff r arts and the Historic Preservation Commission's recoamendatto to the Planning Commission Arlene B s stated that this item would first go before the Planning Commis on. HPC HItAMS a -5- JULY 7, 2988 RESOLUTION NO. 51 - S 17 c; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING DESIGNATION THE SITE OF THE ETINANOA GRAPE PROnUCTS COMPANY LOCATED AT 9370 ?- ETINANDA AVENUE AS A POINT OF HISTORIC INTEREST WHEREAS, the Historic Preservation Comission has held a duly advertised public ^ing to consider all comments on the proposed Designation and issued Resolut No. 88-11-recommending to this City Council that said Historic Landmark nation -be approved. WHEREAS, the City Crunch has received and reviewed all in;ut from 4 the Historic Preservation Commission regarding said Landmark Designation. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NON, THEREFORE, the Rancho Cucamonga City Council hereby specifically finds, determices, and resolves as follows: SECTION I: She application applies to property located at Assessor Parcel N eumr Z2g= 283 -62. SECTION II: The proposed landmark meets the following criteria establishe n ap er 2.24 090 of the Rancho Cucamonga Municipal Code: A. Historical and Cultural Significance: 1. The proposed Point of Historic Interest 1s particularly representative of al historical way of life. 2. The proposed Point of Historic Interest is an example of a type of building which was once common, but 1s now rare. 3. The proposed Point of Historic Interest is connected with a local personality. 4. The proposed Point of Historic Interest is connected with a business or use which was once common, but is now rare. B. Historic Architectural and Engineering Significance: 1. The proposed Point of Historic Interest in its location represents an established and familiar visual feature of the community. SECTION III: Designation of a Point of Historic Interest is exempt from CEQATWETETe-19, Section 153081. oz�/v t 3. CITY 'COUNCIL;RESOLUTION :NO. ETINANDA GRAPH PRODUCTS COMPANY August 17, 1988 Page 2 SECTION IV: Based on the substantial evidence received and reviewed by this ounncii a� based on the findings set forth above, NON, THEREFORE, BE IT RESOLVED, that the Rancho Cuca=nga City Council does hereby approve designation of the site of the Etiwanda Grape Products Company as a Point of Historic Interest. r-9/ i a I �r K i CITY OF RANCHO CUCATIONGA = > MEMORANDUM j 1 1 `e�lii "Yj'If rr'il� ah ! ' 'try -- DATgr August 12, 1988 TO: Mayor, City Council and City Manager V "te FROM: City Clerk's office SUBJECT: CONSIDERATION OF A MBMORANDUK OF UNDERSTANDING TO PROVIDE ENFORCEMENT y IN THE CUCAMONC.i CANYON AEEA 5 Staff report for this item was not available at the time the agenda was ' assembled. The information will be distributed to you prior to the meeting, e x. /dja a f I �r K i ORDINANCE !40. 7 72- AN ORDINANCE OF TEE CITY COUNCIL OF TEE CITY ( 07 RANCHO CUCANOEGA ADDING BECTION 9.18.013 $. TO TEE RANCHO CUCAMONGA MUNICIPAL CODE 1: PERTAINING TO TEE PRONIEITION OF MIAUTHORIBED ENTRY UPON CERTAIN PRIVATELY Own LANDS N WITHIN TEE CITY OF RANCHO CUCAMONGA, AND DECLARING THE URGENCY TSEREOF. A. Recitals. (1) Cucamonga Canyon is a natural and unimproved wilderness area located generally north of Almond Street, west of the northerly terminus of Sapphire Street, within the boundaries of the City of Rancho Cucamonga, and proceeding nvccherly into the wilderness /recreational areas comprised of the San Bernardino National Forest. The area of Cucamonga Canyon within the boundaries of the City of Rancho Cucamonga, except for certain public easements, is comprised of privately owned land. Within ouch area of Cucamonga Canyon there are no obvious improvements or boundary demarcations to distinguish the privately owned lands within the City of Rancho Cucamonga from the public land of the San Bernardino National Forest. (ii) in recent years, it has boon the habit of young adults to frequent the area of Cucamonga Canyon to conduct various parties and gatherings. The presence of such gatherings in the extremely rugged and unimproved areas of Cucamonga Canyon, combined with the presence of certain persona under the influence of various intoxicants, has resulted in a history of continued and repeated accidents in the area, including, but not limited to, numerous deaths, serious injuries and traffic accidents. Moreover, the use of this area has been characterized by continued and ropeatod requests for lrw enforcement services for a variety of criminal acts, including, but not limited to, various drug arA alcohol related incidents, violent assaults and deliberate vandalism. Such activities have contributed to the accumulation of substantial litter and debris and have increased the risk of serious fires in the area. A substantial portion of the above- descrlbod accidents and incidents have occurred on the above- doseribed private lands within the jurisdiction of the City of Rancho Cucamonga. Council of (the) Prior Cityof nancho Cucamonga hasienteredt into that "Memorandum of Understanding Pertaining to the Allocation of Public Safety Responsibilities and Resources for Cucamonga Canyon" with the United States Department of Agriculture, Forest Service and the county of San Bernardino. One of the purposes of such Memorandum was to create an enforcement network to allow the Forest Service to effectively enact, within the jurisdiction of a 5`12 A- the San Bernardino National Forest, certain regulations limiting access to such public lands to alleviate the public safety dangers referenced above. However, because such regulations would not apply to the above - described privately -ownod lands within the City of Rancho Cucamonga, and because such regulations would not otherwise be completely effective, it is necessary for the City of Rancho Cucamonga to provide restrictions on access to that private property within the boundaries of the area of Cucamonga Conyon. (i-r) Based upon the history of usage of the Cucamonga Canyon area referenced above, this Council finds that unrestricted access to the private property within Cucamonga Canyon is inherently unsafe and constitutes an extreme danger to those persons and properties within such area of Cucamonga Canyon. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Qrainanee. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA LOES -? HEREBY ORDAIN AS POLLOWSt r. ?' SECTION 3. This Council finds that all the facts sot forth in the Recitals, Part A, of this Ordinance are true and correct. OECrfON j. The city council of the City of Rancho Cucamonga hereby finds as follows: a. The area of Cucamonga Canyon within the jurisdiction of the City of Rancho Cucamonga is characterized by its extremely rugged, unfenced, unimproved and natural terrain. Such lands are currently in private ownership! however, there are no obvious landmarks or demarcations to distinguish the boundaries of such private land from the public property of the San Bernardino National Forest immediately adjacent. b. The history of usage of the site, including the private lands in question, has resulted in numerous accidents and deaths, repeated requests for law enforcement services for a variety of criminal acts and the general waste, damage and destruct!on of public and private property. c. The continued unrastricted access to such lands within Cucamonga Canyon poses an extreme and immediate danger to the health, welfare and safety of those persons and properties in and upon such areas of Cucamonga Canyon. ��G2� Hunicipal code 9.18 of the add a Rancho to read, in words and figures, as follows: ^A.10.01� prohibition QL l;nauthorized Acceal Cucamonga canyon. A. No person shall enter or remain upon any private land in the area of Cucamonga Canyon without having written permission from the owner of such lands, or tha owners agent, authorizing such entry onto such private lands. "B. For the purpose of this section, the area Of Cucamonga Canyon' shall mean any and all private Property within the corporate boundaries of the City of Rancho Cucamonga north of Almond Street, west of the northerly terminus of Sapphire street. "C. The terms and provisions of this section shall not apply to the following: "1. The owner of such lands, or owner's agent, together with persons having visible or lawful business with said owner, agent or person in lawful possession; "2. Any federal, state or local law Ontorcement, fire protection or safety personnel; Any service personnel While eactivelyty engaged aind *he performance of such public utility or related service; "6. Any fenrad and privately owned land containing structures, - wellings or other improve- ments of an owner or person in lawful possession of such property; and, "S. The area of the Forest Service access easement to the San Bernardino National Forest commonly known by the name 'Big Troo Road." CucaIDOn,a is hereby authorized authorized to prepare andeposty signs ancho Engineer informing of a violation of the terms and provisions of this Ordinance on the above - described property within Cucamonga Canyon urgency measure pursuantit OthentermsiofhCaliforniaaGO ernmentan Code Section 36937(b) and this Ordinance shall take effect Immediately upon its adoption. B,== f. The City council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by,any final court action in a court of competent jurisdiction, or by reason of any,preemptive legislation, the remaining provisions, sections, Paragraphs, sentences, and words�of this ordinarco shall remain in full force and effect. pjCTIQX Z. The'City Clerk shall certify to the passage of this fifteen ordinance and shall cause the days after its passage atsleast once nlis�hedDA1 in gggp , a newspaper of general circulation published in the C.1 %Y oL Ontario, California, and circulated in the City of Rancho Cucamonga, California. 1 % PASSED and ADOPTED this day o: 1988. Mayor Of I, BEVERLY A. AUMLET, City thClark e of the iCityrdinance Rancho Cucamonga, do hereby certify that was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga veddatnatre lar mestingfol e c ty 1988, and was finally p `r' Council of the City Rancho Cucamonga day of AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS. L \131 \ONOEMY \R.C. 10.10 ATTESTS t C t Clerk of the C y y of Rancho Cucamonga U ='. e� i CITY OF RANCHO CUCAMONGA MEMORANDUM 1 �} ti DA181 August 12, 1988 TOt Wyor and City Council �1 FSOMt Hark B. Lorimer, Sr. Administrative Assistant fYIAa L SUBJECT: Cucamonga Canyon M .dua of Understanding The City Attorney's O'fice has prepared the attached draft Memorandum of Uaderstandiye (HOD) pertaining to the Cucamonga Canyon issue. This item has been included on the August 17 City Council agenda for discussion. Prior to the City Council neatinS. staff will be working with the Forest Servi,e, the County of San Bet=rdino and the Sheriff Department to refine this document as needed. Staff is providing the Council with a draft copy so you can review it immediately. Please note, however, that an additional draft HOU may be Korth coming if amendments are euggevtod by the other agennies. /ml attachment 5�12c- k. s P. 0 AUG-12 —OE FRT 24:22 NN RICMpN D pRG2YN6:KI 2%00 4 a' MEMORANDUM Ol UNDERST&U: LHG PERTAINING TO THE !: ALLOCATION OP PUDLIO SAFETY RESPONSIBILITIES +� AND ANSOURCES FOR CUCAMONGA CANYON This memorandum of Understanding is made and entered into (tor reference purposes only] this 17th day of August, 1988, `�• by and between the UNITED STATES DEPARTMENT Ol AGRICULTURE, ;• lOREST sDRVICE (hereinafter referred to as "Forest Service^), the COUNTY OF 9,M DEANARDINO (hereinafter referred to as the "County ") and the CITY OP RANCHO CUCANONOA (hereinafter referred i to as the "City "). P h A. Recitals. r (i) city, County and Forest Service are vitally ? concerned with the preservation of the public health, oafnty and t welfare in and about the area of Cucamonga Canyon and, through coordinated effort, desire to facilitate the allocation of offectivo law enforcement and security services for the protection of persons and properties in and about the area of Cucamonga Canyon. (ii) Cucamonga Canyon in a natural and unimproved wildorness /recreational area located generally north of Almond Street west of the northerly torminus of Sapphire Street, within the boundaries of City, and proceeding northerly through unincorporated portions of County and into the San Bernardino National Forest. As such, the area in question lies within the respective jurisdictions of City, County and Forest Service. (iii) In recent years, it has boon the habit of young adults to frequent the area of Cucamonga Canyon during the evening and nighttime hours to conduct various parties and gatherings. The presence of such gatherings in the extremely rugged and unimproved areas of Cucamonga Canyon, inherently unsafe at night, combined with the presence of certain persons under the influence of various intoxicants, lion resulted in a history of continued and repeated accidents in the area, including, but not limited to, numuroua deaths, carious injurios and traffic accidents. Moreover, the use of thin area has boon characterized by continued and repeated requests for law enforcement services for a variety of criminal nets, including, but not limited to, various drug and alcohol related incidents, violent assaults, trespassing and the duliberate vandalism of environmentally sensitive public wilderness areas. (iv) Based upon the history of usage of the Cucamonga Canyon area referenced above, cityy, County and Forest Service mutually agree that such unsupery isod activities without 1 5R2 � G —I2 -8B FR�I'`Y4 .2E 'MHRKMR�I O RRC2YN8KI N'• effective protection is inherently unaato and constitutes an extreme danger to those persons and properties within the area of Cucamonga Canyon. tv) Prior to adopting this gomorandum of Understanding, city and county have contracted for the provision of law enforcement servlcso by county within the jurisdiction of City. Moreover, yorest Service and County have entered into a Cooperative Agreement for the provision of law enforcement services by County Ellin the jurisdiction of Forest Service. (iv) Within the framework of the Oxiating on'OPerative law enforcement agreemonto referallcad above and pursuant to the conceptual prinniplos oxpresood in this Hemorar-dum of Understanding, City, county and Forest Service mutually agree that it is necessary to engage in a coope Ornament rative and vices for t ant safety of persons andtpropertyninithe Cucamongacanyonarms. the effort to rovide B. gmmggm " nnderstandina. NOW, TRORSTORM, in accordance with the findings of fact and exprecslans of intent set forth in the &ecitalc, pert A, abovo, City, County and Forest Service mutually agree to the conceptual principlca expressed in the terms and provisions As follows: 1. Forest Service agrees an follows: a. To formulate and adopt, to the extent outhorizeu ay law, regulations restricting the presence of all unauthorized nighttime hoursy in the Cucamonga b. Within the provisions of the existing Cooperative, Agreement between Forest Service and County, to resence authorize property t Cenforceathenregulationaoadopted on pursuant to subparagraph 1(a), above. 2. County agrees as follow&: a. The Doard of Supervisors of the County Of son Bernardino hereby endorses and approves the actiOnc of Forest 8erviOo in implementing the regulations expressed in subparagraph 1(a), above. b. To formulate and adopt, to the extent authorized by low, an ordinance regulating the conduct of persona, generally commonsurale with the regulations to be -592 67--- - -- - - - -- - - -- -- - -I- G -12 —GS FRI w 1'422E'MARKMAN is ARC2YNSK3 P. adopted by the Forest Service, pertaining to property within the jurisdiction of County in the general area of Cucamonga Canyon. c. ,Within the scope and extent of that cooperative Agreement entered into between County and Forest service, to provide law enforcement p&raonnal to enforce those regulations to be adopted by Forest Service referenced in subparagraph 1(a), above. J. City &gross ae follows: a. The City Council of the City of Rancho Cucamonga hereby endorses and approves the action of Forest Service in implementing the regulations expressed in subparagraph 1(a), above. b. To formulate and adopt, to the extent authorised by law, an ordinanco requ)sting the conduct of persona, generally commonsurato with tha regulations to be adopted by the Forest service, pertaining? to property within the jurisdiction of City in tha general area of Cucamonga Canyon. C. Within the scope end framework of that existing agreement between City and county for tho provision of law enforcement services by County to City, to reimburse County for those law enforcement activities referenced in subparagraph 2(c), above. 4. Th:a lfomorandum of Understanding shall not be deemed in any way to supersede or modify the terms and provisions r of any oxiating contract between Forest Servloo and County or City and County pertaining to the provision of law enforcement services by County to such respoctive jurisdictions. S. This Memorandum of Understanding may be executed in counterpart original&. WHEREFORE, Forest Service, County and City have executed this Memorandum of Understanding or the data not forth opposite their respective signatures. Datodi FOREST SERVICE By__ Forest Supervisor 3 Datode Dated• S \131 \NOUCNYN \R.C. 30.10 a 59.2f 'gyp COUNTY or BAN UBRNAp71NO Uy BOAYQ of , supervinoro CITY OF rJUICNO CUCANO}70A By Y.ayor ssn UNITED STATES FOREST Cajon R.D. DEPARTM2ff OF SERVICE AGRICULTURE Reply To: 2350 General Forest Environment Areas August 2, 1988 5330 Law Enforeaaent Subject: Cucamonga Canyon Meeting 8/2/88 Tot Forest Supervisor Following is a summary of the meeting with the City of Rancho Cucamonga and County of San Bernardino that occurred m August 2, 1988• Those in attendance were Dick Stauber. Forest Supervisor, Mike Floret' Forest Engineer, Elliott Graham District Ranger. 2g- ^° Poncho Cueumonga: Deans Stout, Mayor. Pamola Wright, Councilwoman, F ph Hanson. Attorney, and Lauren Wasserman, City Manager, and County San Bornsrdino: Marge Stains, Field Representative for Supervisor Mikels, foam Wichm. Doputy Chief for Valley and Mountain Command, Eugens Gilmore Captait, gaacho Cucamonga. Bruce Zeiner, Lt. Rancho Cucamonga, and Monte D& It Csp'uin C'.ino Hills After name background information and din, was decided that the City of Rancho Cucamonga. the County of Sa a and Forest Service would with night ttime use sor cucemongn Canyon s alto eW problems The City mai County wilassociated att attempt to have their ordinances and enabling ordinances passed by the opening of school on September 6. 1988 You agreed to sign a Forest Order closing the following Forest roads for 1/4 mile on each side or the road: IN34 (Big Trea - Cucamonga Road) from the Forest boundary at the intersection of Sections 16, 17, 20, & 21, T.M. R.7W , S.B.B M. to the point where the road cre6609 the section line between Sections 31, T.2N , RAW., and Section 36, T.2N., R.7W , S.B.B M. IN35 (West Fork Cucamonga Road) from the intersection ior 1H 4 to the Angeles National Forest boundary in Section 7, S.b.B.M Tim closure will be from sundown to one hour before sunrise. You agreed to sign the closure as soon as the City and County have enacted their ordinances. I also agreed to have Don Linner provide Captain Gilmore with the statistics on incidents that we aro aware of that have occurred in thw canyon. Don is working on them now and will deliver them in the next few days. Don also roughed out a first draft of the proposed closure notice (enclosod) . He hasn't had Ran Huxmaa review it yet but he will on 6000 u Ron is available Don will work with Mike Flomy to figure out our signing needs for the roads. I will discuss the rroposal with Don Stikkers, DR Ht Baldy and pass on Deputy Chief Wickum's concerns about party rock to Don _ SR27 l You agreed to have Ron provide :a copy of the Sheriff DePt.!a NOD to Ralph '} Hanson. Also. Ran'�'neocs,to Provide us,with infornation,on how the closum ntd ordinances will be`enfciced sind how the. violators wi : ll be citeC(Ou " cite books, County cite boobs, ate.). It would seem Lo Me ;that Ron ought to provide this information to..Deputy Chief Nickum since it involves the two different Sheriff's substations and two different Captains. We discussed the need to give the City and County the authority to close our Forest Service road and I's rat -sure where we left this discussion. If its need to Provide thr with this .authority. Mike Florey would Probably he the one who ought to compose a letter for you signature. I think this captures most of the salient things that occurred at the meeting. If I sassed anything please lot me know and I'll revise this •emo to document our agreements. E13,I0TT L. GRAHAM District Ranger Enclosure cc: District Staff Mike Ooldeaoao Don Linme Nike Flamy Ron Busman Den Stlkkers •a 1a' i° vs""'+' "Ftt'�_,".`4i,'.7C ^�i�4`Yk•:�:4 r. ... n 7i i.-` 's.v .�v -tci- All ORDER NO. 88 -4 ' OCCUPANCY AND ME SAN BERNARDINO NATIONAL FOREST Pursuant to 36 CFR 261.50(x) and (b) , the following is probibitid in the described area under my Surisidiction: I. Being on Forest Road 1N34(Big Treu- Cucamonga' Road) or forest Road 1N35(West Fork Cucamonga Rood) or with -in 1/4 mile of either side of either roads between "ono. hour before official sunset and sunrise." 36 CFR 261.54(e) 36 CFR 261.58(1) Pursuant to 36 CPR 261.50(e), each of the following portone are exacpt from this Order: A. Any Federal, State or local Officer, or mmbor of an or¢anited rescue or fire fighting force in the perforomcn of an official duty. B. Persons with a permit. , C. Owners or lessees of land in the area. These prohibitions are in addition to the General Prohibitions contained in 36 CFR 261 Dom at San Bernardino, California this day of 1988 RICHARD L. STAUBER Forest Supervisor " 'liolaLion of those prohibitions is punishable by a fine not more than $5000.00 or imprisonment of not more than 6 months or both. Sea MC 551 S I -Z L 0 'F A d w' M� CITY U RANCHO CUCAMONGA MEMORANDUM a DATE: August 11, 1980 TO: Ralph Hansen FROM: Lauren h. Wasserman The attached has Just been received from the Forestry Service It Includes a copy of a memo outlining their understanding of the meeting and a copy of the proposed regulations. attach. 1 r 592 �A h -Y-a oil q ' z The attached has Just been received from the Forestry Service It Includes a copy of a memo outlining their understanding of the meeting and a copy of the proposed regulations. attach. 1 r 592 �A h G —r2 —OOH FRf'"' ^Sst:r2 Z "- MA RKIIAN O �ARCZYNSKZ _ 'P.. O'1 -%1 1 .. TRANSMISSION COVZ$ I= 1 TO: /// .Ir l( �GL- raa'I.rt��`.•� /�`Q''V1+..sYr^ AT: �/•C�'1^^ TELECOPIER NUMDERI J:X% '• G-7' 4Z DATE: NO. OF PACES: (including this cover page) IP THERE SHOULD P8 A PROBLEM). CONTACT: K TRANSNITTERI 1J__ TELEPHONE: (714) 990-0901 -T- -T-^ �l ^4iii 'J 11-0 AGIaM e 9 [M.N. !L' PI- [•[R•L�L'. .•GY.II. CA- T. �ITVy s<e -,t if sfew/if _ ` C� MUMIM ONC CN CCMCR CIIICt0 1.0.80.100, Y.CI \. MwnCNM.. •NC, CAWORNM 916LL•1000 1. )9LIY V. YOCtINLRI IIN) [[0.0[01 •AVN D.MANCG. .p[RNONC�l11310b•l Yl OCMIO )OR YAR)NY J O(1[tL11 1 .. TRANSMISSION COVZ$ I= 1 TO: /// .Ir l( �GL- raa'I.rt��`.•� /�`Q''V1+..sYr^ AT: �/•C�'1^^ TELECOPIER NUMDERI J:X% '• G-7' 4Z DATE: NO. OF PACES: (including this cover page) IP THERE SHOULD P8 A PROBLEM). CONTACT: K TRANSNITTERI 1J__ TELEPHONE: (714) 990-0901 -T- -T-^ �l ^4iii 'J 11-0 AGIaM e 9 [M.N. !L' PI- [•[R•L�L'. .•GY.II. CA- T. �ITVy s<e -,t if sfew/if • 4 /n /8f'�'" � . ORDER NO. 88-4 OCLWANCY AND USE SAN DEMARDINO NATIONAL FOREST Pursuant to 36 CFR 261.50(x) and (b), the following is prohibitid in the described area under my lurlsidiction: 1. Being on Forest Road iN34(Big Tree - Cucamonga Road) or Forest Road 1N35(Nest Fork Cucamonga Road) or with-in 1/4 mile of either aide of either roads between "ono hour before official sunset and sunrise " 36 CFR 261.54(x) 36 CFR 261.58(1) Pursuant to 36 CFR 261.50(0), each of the following persons are exempt from this Order: A. Any Federal. State or local Officer, or -ember of an organized rescue or fire fighting force in the performance of an official duty. B Persona with a permit. C. Owners or lessees of land in the area. These prohibitions are in addition to the General Prohibitions contained in 36 CFR 261 Done at San Bernardino, California this day of 1988 RICHARD L SfAUBER Forest Supervisor Violation or these prohibitions is punishable by a fine not move than (5000.00 or Imprisonment of not more than 6 months or both. Sae USC 551 W- - 551^20 i Vl- ORDER NO. 88 OCCUPANCY AND USE �( � SAN BERNARDINO NATIONAL FOREST ` CUCAMONGA CANYON CLOSURE Cucamonga Canyon area will be closed to public use from sunset until 1 (one) hour before official sunrise. Closure to include the following areas: 36CFR 261.586 Forest Road 1N34 (Big Tree - Cucamonga Road) from the Porest Boundary at the a intersection of Sections 16, 17, 20, i 21 T.W., R.7W., S.B.B.M. to the section Line between Section 31, T.2N., R.6W., and Section 36, T.2N., R.7W., S.B.B.M. Forest Road W35 (West Pork Cucamonga Road) from the intersection of 1N34 to the Angeles National Forest boundary in Section 7, T.W., R.7W , S.B.B.M. Closure to include area 1/4 mile on each side of roads. Exempted from this order are the following persons: ' 1. Owners of private land inside the closed area. 2. Any Federal, State or local officer, or any comber of any organized rescue or firefighting force in the performance of an official duty. 3 Employees of Cucamonga County Water District on official business Ones at San Bernardino, California this _ day of 1988 ` FOREST SUPERVISOR i Violation of these prohibitions is punishable by a fine of not more than S500.00 or imprisonment for not more than 6 months or both. See 16 USC 551 a �x alkt q- Jir- CITY OF RANCHO CUCAMONGA MEMORANDUM 27% Dates August 17, 1988 To: Mayor, Members of city Council, and City r agar From: Joe Schultz, Community Services Manager By: Davo Leonard, Park Projects Coordinator Subject: Selection of one Councilmember to sit on selection committee for Central Park request for proposal. BKQM2 RMATIQR City Council appoint one number to participate as part of the Central Park consultant Selection committee. The committee will review "Request for Proposals" fo:- Design Development of the Central Park Conceptual Design and will formulate a recommendation on selection of a design firm to the full Council. BACKGROUND. Authorization to seek request for proposals for the Design Development Phase of the Central Park Conceptual Plan was approved by Colacll minute action on August 3, 1988. To review the proposals scheduled to be received by September 30, 1988, it is recommended a Central Park consultant Selection Committee be formes The Committee to comprise, one member each, from the Park and Recreation Coma:lssion, the Planning Commission and City Council) the Assistant City Manager, Community Services Manager, Park Projects Coordinator and Associate Park Planner. Should City Counoil concur on the formation of a Central Park Consultant Selection Committee, appointment of one Councilmember to participate on the committee is requested. JS: DL: tp =1 t a CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FROM: Elizabeth Stoddard, Finance Manager SUBJECT: CALIFORNIA CITIES FTNAHCING CORPORATION - REFINANCING CEIITRAL PJN-K­PUR559t ASnUIEAI. RECOWENDATIOK- Review and approval of documents and adoption of a Resolution which would authorize and direct Staff to proceed with the refinancing of the Central Park Purchase Agreement to order to sane the City approximately $767,000.00. BACKGROUND: In May, 1984, the City entered inO a Land Purchase Agreement with Lewis Ruees, for the real property which will be developed by the City for public parks purposes, namely Central P..-k. Each annual principal installment was in the amount of oie tenth (1 /10) of the total purchase price of $5,173,5oo.00. Interest accrued at the annual principal installment on the annual rate of twelve (12) percent, compounded annually. In September, 1987, the California Cities Financit,9 Corporation, assisted to the creation of a Joint Powers Authority (JPA) of which the City of Rancho Cucamonga is a member, to lssne bonds to today's market and make funds available over an extended period of time to finance public improvements. This is the mechanism by which the City will sell Ccrtiflcates of Participation (Bonds) to refinance the Land Purchase Agreement for the Central Park site with Lewis Homes. The Bonds are to be sold and dated on or about October 1, 1988. The City will participate by selling approximately $6.33 ul)lion in bonds that carry an approximate interest rate of 6.755. Savings to be realized by the City as calculated by the Underwriter. Stone 8 Youngberg, is a;oroxlmately $767,000.00. The Certificates of rarticipation repayment schedule has been structured so the final Payment date does not extend beyond the life of the original Land Purchase Agreement with Lewis Homes. This is a six -year obligation. The Certificates will be fully repaid by October 1, 1994. The Certificates of Participation will be priced on September 7, 1988. It is not anticipated that 0e price of the bonds will differ significantly from the Underwriter's estimate. Staff will continue to monitor the bond market and appraise Council should the market fluctuate and impact the expected savings. Resoectfully submitted, Eliza t Stoddard Finance Manager ES:cp N ■ AFTER RECORDATION PLEASE RETURN TO: Joms Hall Hill d While, A Professional Law Corporation Four Embarcadero Center, Suite 1050 San Francisco, CA 04111 Attention: Brian D. Quint. Eaq. SITE LEASE a e W Dated as of October 1, 1988 ' by and between the +' CITY OF RANCHO CUCAMONGA end the CALIFORNIA CITIES FINANCING CORPORATION CALIFORNIA CITIES FINANCING CORPORATION (1988 3erlas ei r ' SITE LEASE T THIS SITE LEASE, dated as of Oetobe, 1. 1988, Is by and between -the CITY OF F RANCHO CUCAMONGA, a municipal corporation and general law city organized and existing under and by %irtue of the taws of the state of California (the 'Cly'), as lessor, c and the CALIFORNIA CITIES FINANCING CORPORATION, nonprofit public benefit a corporation organized and existing under and by virtue of the laws of the State of California (the'Corporadonw), as lessee; a 4' ' WITNESSETH: c; WHEREAS, the Corporation Intends to assist the City by financing a public park 'the 'Project). and to lease the Project to the City pursuant to a Lease Agreement. dated as of October 1, 1988 (the 'Lease Agreement), and the City proposes to enter Into this Site Lease with the Corporation as a material consideration for the Corporation's agreement to lease the She and the Project to the City; NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: SECTION 1. Site Lease. The Crty hereby leases to the Corporation and the Corporation hereby leases from the City, on the terms and conditions hereinafter set forth, the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, and described In Exhibit A attached hereto and made a part hereof (the 'Site-) SECTION 2. Term. The tens of this Site Lease shall commence on the date of recordation of this SIt6 Lease in the Office of the County Recorder of the County of San Bernardino, State of California, and shall end on October 1, 1994, unless such term Is extended or sooner terminated as hereinafter provided. If, on October 1, 1994, the aggregate amount of Lease Payments (as defined In and as payable under the Lease Agreement) shall not have been paid, or provision shall not have been made for their payment, then the term of this Site Lease shall be extended until such Lease Payments Shall be fully paid or provision made for such payment. If, prior to October 1, 1994, all Lease Payments shall be fully paid or provision made for such payment In accordance with Section 408 of the Lease Terms and Conditions, the term of this Site Lease shall end ten (10) days thereafter SECTION 3. Rental. The City acknowledges receipt from the Corporation as and for rental hereunder the sum of one dollar ($1.00), on or before the date of delivery of this Site Lease. SECTION 4. acquiring, connstruginga Purpose. Installs go horProject alnd leasing Site the Site and tthe Project to the City pursuant to the Lease Agreement and for such purposes as may be Incidental thereto; provided, that In the event of default by the City under the Lease Agreement the Corporation and Its assigns may exercise the remedies provided In the Lease Agreement. z r _ y SECTION 5. Owner In Fee. The City covenants that it Is the owner in fee title of the Site. SECTION 8. Assignments end Subleases. Unless the City shall be in default under the Lease Agreement, the Corporation may not assign its rights under this Site Lease or sublet the She, except as provided In the Lease Agreement, without the written consent of the City. SECTION 7. Right of Entrv. The City reserves the right for any of Its duty authorized representatives to enter upon the Site at any reasonable time to Inspect the same or to make any repairs, Improvements or changes necessary for the preservation thereof. SECTION 8. Terminatio . The Corporatlon agrees, upon the termination of this She Lease, to quit and sureender the Site In the same good order and condition as the same were in at the time of commencement of the term hereunder, reasonable wear and tear excepted, and agrees that any permanent Improvements and structures existing upon the Site at the time of the termination of this Site Lease shall remain thereon and t. ".le .hereto shall vest in the City. SECTION 9. Default. In the event the Corporation shall be In default in Ills performance of any obligation on its part to be performed under the temm of this She Lease, which default continues for thirty (30) days following notice end demand for correction thereof to the Corporation, the City may exercise any and all remedies granted by law, except that no merger of this Site Lease and of the Lease Agreement shall be deemed to occur as a result thereof; provided, however, that so long as any Certificates of Participation (as defined In the Lease Agreemem) are outstanding and unpaid In accordance with the terms thereof, the Lease Payments assigned by the Corporation to the trustee under the Assignment Agreement, dated as of October 1, 1988, by and between the Corporation and , as trustee, shall continue to be paid to said trustee. SECTION 10. Oulet Enlovment. The Corporation at all times during the term of this She Lease shall peaceably and quietly have, hold and enjoy all of the Site subject to the provisions of the Lease Agreement and the Trust Agreement, dated as of October 1, 1988, by and among the City, the Corporation, the Trustee and the Cities of Atwater, Burbank, Newman and Tracy. SECTION 11 Waiver of Personal Liability. All liabilities under this Site Lease on the part of the Corporation are solely fiabanies of the Corporation, and the City hereby releases each and every. member, director, otficer, employee and agent of the Corporation of and from any personal or individual liability under this Site Lease. No member director officer, employee or agent of the Corporation shell at any time or under any circumstances be Individually of personally liable under this Site Lease for anything done or omitted to be dolls by the Corporation hereunder SECTION 12. Taxesr The City covenants and agrees to pay any and all assessments of any kind oror character and also all taxes. Including possessory Interest taxes, levied or assessed upon the Site (Including both land and Improvements). -2- S / % Q n SECTION 13. Eminint'bomaln. In the event the whole or any p&rt of the Site or the Improvements thereon.is taken ,.by 'eminent domain proceedings: the Interest of the Corporation shall be recoynlzed's6if is hereby determtned to be the amount of the then unpaid Certificates of Partieipatloo;,debered to finance the'co�tiln7ctlon otthe Project, Including the unpaid prinapaVand Werest with respect to airy then outstanding such Certificates of Participation and the balance of the award, If any, shall be paid to the City. SECTION 14. Partial Invalidity. If any one or more of the terms, provisions. covenants or conditions of this Site Ouse a11311 to any'extent be declared Invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, the finding or order or decree of which becomes final, none of the romainhtg terms. provisions, covenants and conditions of this Site Lease shall be affected thereby, and each provision of this Site Lease shall be valid and enforceable to the, killast extent permitted bylaw. SECTION 15. Notices. All notices, statements, demands, consents, approvals, duthoftatlons, offers, CesignatlOns, requests or other communications hareurhter by either party to the other shall be in writing and shall be sufficiently given and served upon the other party If delivered personally or If mailed by United States registered mail, return receipt requested, postage prepaid, and, If to the City, addressed to the City In can.- of the Finance Director, City of Rancho Cucamonga, 9320 Baseline, Rancho Cucamonga, California 91730, or If to the Corporation, addressed to the Corporation in care of the Seerinary, California Cities Financing Corporation, 1400 K Street, Suite 400, Sacramento. California 95814, or to such other addresses as the respective parties may from time to time designate by notice In writing. SECTION 16. Section 14padinos. All s3cllon headings contained herein are for convenience of reference only end are not Intended to dofine or limit the scope of any provision or this Site Lease. SECTION 17. Execution. This Site Lease may be executed In any number of counterparts, each of which shall be deemed to be an original but all together shall constitute but one and the same lease. "L�o;3 �r^,,.,;.t:'v "'.:r;- ."'�i�"� "1��.�yL�'t�:y -. _ �T. >�- . -'"i •. � Y^S Soy QY IN WITNESS WHEREOF, the City and the Corporation have caused this Site Lease 2 to be exa_zuted by their respective ofOt ers'thereunto duly authorized, all a; -of tie day' t and year first above written. - Crry OF RANCHO CUCAMONGA, as Lessor ISEAL) Attest; ISEAL) Attest- City Clerk Secretary B Mayer CALIFORNIA CRIES FINANCING CORPORATION, as Lessbe By_ President -4- 599 I i STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) " On this day of October, 1988, before me, the undersigned, a notary public, personally appeared and . pa sonslit known to me (or proved to me at the basis Cl Satisfactory evidence) to be the, persona who executed this Instrument as Mayor and City Clerk, respectively, of the City of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga executed k. WITNESS my hand and official seal (SEAL) . i ,4 Notary Public In and for sold State My commission expires; Yh 1 STATE OF CALIFORNIA ) COUNTY OF ) On this day of October; 1988, before. mo, the underaignsd, a notary public, Personally ';d Lowell Smith, personally known to me (or proved to me on the basis ° Of satisfactory evidence) to be the person who executed the within Instrument as m President of the California Cltiea Floancing ^,OrporaYOn, the corporation thereln named, and acknowledged to me that such corporation executed the within Instrument p Sant to a resolution of Its board of directors. .ti WITNESS my hand and official sOai, `• Notary Public in and for said Stoic + ' , My Cororrftsion expires: t r s STATE OF CALIFORNIA 88. COUNTY OF On day of October. 1888, before me, the undersigned, a notary public, personally appered Daniel B. Harrison, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Secretary of the California Cities Financing Corporation, the corporation therein named, and acknowledged to me that such corporation executed the whtdn Instrument pursuant to a resolution of its board of directors. WITNESS my hand any official seal. Notary Public In and for said State My commisslon expires: i —7— r ,t r, EXHIBIT A SITE DESCRIPTION That parcel V land In the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: —S O_:i s � �e! "j the �w i,• CAWFURNLA ^ITIEs FINANCING CORPORATION u TRUST AGREEMENT s t� andtho p: CITIES OF ATWATER, BURBANK, NEWMAN, ;r Dated as of October 1, 1988 _ by and among as Trustee "j the �w i,• CAWFURNLA ^ITIEs FINANCING CORPORATION 1' s t� andtho p: CITIES OF ATWATER, BURBANK, NEWMAN, RANCHO CUCAMONGA and TRACY CALIFORNIA CITIES F 4ANCI gG CORPORATION (1986 Series 4 0 (iC F, r �t TRUST AGREEMENT THIS TRUST AGREEMENT, made and entered Into as of October 1, 1988, Is by and among , a having a corporate trust office In the City of _ California. as trustee (the 'Trustee '), the CITIES OF ATWATER, BURBANK, NEWMAN. RANCHO CUCAMONGA and TRACY (collectively, the 'Participants'), and the CAUrORNIA CITIES FINANCING CORPORATION, a nonprofit, public benefit corporation organized and existing under the laws of the State of California (the 'Corporation'); - WITNESSETH: In consideration, of the mutual covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: W (Pt�S ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION ' Section 1.1 DeMlflons. The termo used In this Trust Agreement. which are capitalized herein, shall, for the purposes of this Trust Agreement, have the meanings = ; ascribed thereto In Exhibit A attached to this Trust Agreement and by this reference '{ Incorporated herein, unless the context clearly requires some other meaning. %i Section 1.2. Rules of Construction. Words of the masculine gender shall be ua deemed and construed to Includo correlative words of the feminine and neuter genders. %r Unless the context otherwise Indicates, words Impo -ting the singular number shall Include r - the plural number and vice versa, and words Importing _ persons shall Include corporations and associations, including public bodies, as well as natural persons. _ Section 1.3. Terms and Conditions. This Trust Agreement is sub 9 ns to the Trust Terms and Conditions attached hereto as Exhibit C. all of the provisions of which are herein Incorporated, as though fully set forth herein. ' The terms 'hereby,' 'horeof,' 'hereto.- 'herein,' 'hereunder and any similar a� terms, as used In this agreement, refer to this agreement. - 9 -2- �o�_ Hi ARTICLE II APPOINTMENT OF TRUSTEE; DEPOSIT OF MONIES; ESTABLISHMENT OF FUNDS AND OF ACCOUNTS Section 2.1. Appointment of Trusted. The Corpora o,, a• :, Panlcipams agree to appoint the Trustee to receive, hold, Invest and disbur., Me, monies to be paid to It from the proceeds of the sale of the Certificates and pursuant to the Lease Agreements for credit to the various funds and accounts established by this Trust Agreement; to execute and deliver the Certificates; and to apply and disburse P a !sass Payments received from or on behalf of the Participants to the Owners o' lerifieatos; and to perform certain other functions; all as herelnafter provided and sub;act to the terms and conditions of this Trust Agreement. Section 2.2. Acceptance of Appointment. In consideration of the compensation hereinafter provided for, the Trustee accepts the appointment above referred to, subject to the tem.s and conditions of this Trust Agreement. Section 2.3. Deposit of Monies, The Corporation shall cause to bd deposited with the Trustee on the Closing Date an amount equal to f _, which moneys shall be transferred to the various funds and accounts as specified In Sections 2.5, 2.7, 2.8 and 2.10 hereof. Section 2.4. Projects Trust Fund. There Is hereby established with the Trustee a special trust fund to be designated the '1988 Series B Projects Trust Fund' (herein referred to as the 'Projects Trust Fund). The Trustee shall keep such fund as a trust fund separate and apart from all other funds and accounts held by k. Within the Projects Trust Fund, there are hereby established the Acquisition Accounts, more particularly described in Sectlon 2.5 hereof, the Certificate Payment Account, Mora particularly described In Section 2.6 hereof, the Lease Payments Accounts, more particularly described In Section 2.7 hereof, and the Delivery Costs Account, more particularlyy described In Section 2.8 hereof. Section 2.5. Establishment of Acquisition Accounts. (a) Within the Projects Trust Fund, there are hereby established Acquisition. Accounts for each of the Participants, and the Trustee shall keep Duch accounts separate and apart from all other funds and accounts held by it, and shall administer such accounts as provided In Section 301 of the Trust Terms cnd Conditions. (b) The Trustee shall, on the Closing Date, deposit to the Acquisition Accounts of the Participants listed below, the amounts listed Opposite the name of such Participant: Amount Deposited to Participant Acguisitlon Accrwnt Atwater Burbank Newman Rancho Cucamonga Tracy Section 2.d. Estebl[Orn- r of CertiOcats Payment Account. Within the Projects Trust Fund. there is hereby established a separate account to be designated the ' Certificate Payment Account' The Trustee shall maintain the Certificate Payment Account until the Lease Payments are paid In full pursuant to the terms of the Lease Agreements. The Trustee shall edmInW3r the Certificate Payment Account as provided In Section 302 of the Trust Temrs and Conditions. Section 2.7. Establishment of Lease Payment Accounts: Capitalized Interest Subaccounts. (a) Within the Projects Trust Fund there are hereby established Lease Payment Accounts for each of ;he Participants and the Trustee shall keep such accounts separate and apart from all other funds and accour..o held by It, and shall administer such accounts as provided in Section 303 of the Trust Terms and Conditions. (b) Within each of the Lease Pa;:.ient Accounts, there are hereby established Capitalized Interest Subaccounts. All references herein and In the Lease Agreements to amounts In a Participant's Lease Payment Account are deemed to Include amounts In such Participant's Capitalized Interest Subaccount. (c) The Trustee shall, on the Closing Date, deposit to the Capitalized Interest Subaccounts of the Participants listed below, the amounts specified below, representing the Lease Payment obligations of the listed Participant from the date hereof to the date listed opposite the name cf each such Participant: Section 2 S. Establishment of Delivery Costs Account. Within the Projects Trust Fund there is hereby established a separate account to be designated 'Delivery Costs Account' The Trustee shall, on the Closing Date, deposit i_ In the Delivery Costs Account, and shall maintain such account until all Delivery Costs are paid In full. The Trustee shall administer the Delivery Costs Account as specified In Section 304 of the Trust Terms and Conditions. �,0 ff Amount of Deposit to Date to Which Name of Participent's Capitalized Interoot Interest Is Participant Subaccount Oncludes accrued) Capitalized Atwater S 10/01/89 Burbank 10/01/89 Newman 08/01/89 Rancho rucamonga Closing Date Tracy 04/01/69 In part and 10/01/89 In part Section 2 S. Establishment of Delivery Costs Account. Within the Projects Trust Fund there is hereby established a separate account to be designated 'Delivery Costs Account' The Trustee shall, on the Closing Date, deposit i_ In the Delivery Costs Account, and shall maintain such account until all Delivery Costs are paid In full. The Trustee shall administer the Delivery Costs Account as specified In Section 304 of the Trust Terms and Conditions. �,0 ff Section 2.9. Estnblishment of Insurance and Condemnation Fund There Is hereby established a separate fund to be designated the 'Insurance and Condemnation Fund'. which shall be maintained and applied pursuant to Section 305 of the Trust Terms _• .F and Conditions. Section 2.10. Estayilsnment of the Reserve Fund• Reserve Accounts. .t 4 Fund'. (aThe There Is Trustee shat! hereby Fund eparateeand apart romel; otherefunds and accounts held by It; and shall administer such fund as provided in Section 300 of the Trust Terms and Conditions. (b) There shall be deposited In the Reserve Fund from the monies deposited with the Trustee pursuant to Section 2.3 hereof, an amount which In the aggregate will be equal to f . Such monies shall be held In trust as a reserve for the payment when due of the Lease Payments to be paid by the Participants, and shall be applied only as hereinafter provided. Within there hereby established for each of Participan Participants. The Trustee shall op such accounts separate and apart from all funds and accounts held by it and shall administer such accounts as provided Section 300 of the Trust Terms and Conditions. , Participants listed Trustee the amounts specifiedebelotw, representing�'Reserve Requirement' of each such Participant: Amount Deposited to —Participant Partlaoant's Reserve Account Atwater = Burbank Newman Rancho Cucamonga Tracy :gg {T ARTICLE III THE CERTIFICATES OF PARTICIPATION Section 3.1 Delivery of Certificates. The Trustee Is hereby directed to prepare, execute and deliver to the Original Purchaser, upon receipt of the purchase price therefor. Certificates in an aggregate principal amount of dollars (f� evidencing tractional Interests In the Lease Payments to be paid by one or more of the Participants under the Lease Agreements. Section 3.2. Date of Certificates. Each Certificate shall be dated as of October t, 1988. The Owners it the Certl0oates shag be entitled to receive interest from the dates provided In the form of Certificate eat forth In Exhibit 8 hereto. Section 3.3. Payment of Principal and Interest Whh Respect to Certificates. (e) Dates and Principal Amounts of Maturing Certificates. The CertMcates shall mature on October 1 In the years and in the principal amounts and Interest with rasped thereto shall be computed at the rates set below: Maturing Principal Interest Maturing Principal Interest October 1 Amount Rate October 1 Amount Rate 1889 S % 1997 t % 1990 1938 1991 1999 1992 2000 1093 2001 1984 2002 19% 20D3 1998 2008 (b) Payments With Respect to Certificntes Eouel to Total Loose Payments. The total principal and Interest due with respect to ell Certllicatee shall not exceed the total Lease Payments due under the Lease Agreements. (c) Fractional Amount al Each Participant's Payment. The Certificates represent " Interests of the O'Hners thereof in Lease Peymsnte to be made by one or more of the Participants. The total amount of each payment of principal or Interest made to the Owners of Certificates maturing In a given year Is comprised of Interests in Lease Payments made by only those Participants fisted opposite the maturity date of such Certificates In the percentages listed opposite such maturity date, as set forth below: -6- � /O _ Participant Participant Maturity D_ ate Atwater Burbank Newman Cucamonga Tr_ c Total 1989 % % % % % 100% 1990 100 1991 100 1992 100 1993 100 1994 100 1095 100 1096 100 1397 100 1998 100 1999 100 2000 100 2001 100 2002 100 2003 100 2004 100 2005 100 2006 100 2007 100 2008 100 Section 3.4. Optional Redemption. The Certificates maturing on or after October 1, , are subject to redemption in whole or In part On an integral multiple of $5,ODO but not In a principal amount of less than $20,000) , , any Payment Data on or after October 1, _, from moneys deposited In a Participant's Lease Payment Account as a result of the exercise by a Participant of Its option to purchase Its Project or to prepr,y Its Lease Payments, as provided In the Participant's Lease Agreement, at the principal amount thereof, at the following redemption prices (expressed as a percentage of the principal amount of Certificates to be redeemed), and accrued Interest to the data Ned for redempt!on: Redemption Date Redemption Price October 1, and April 1, 96 October 1, and April 1, _ Octohar 1, _ and April 1, _ October 1, _ and April 1, _ October 1, and each April 1 and October 1 thereafter 10D Section 3.5. Extraordinary Mandatory Redemption. The Certificates are subject to mandatory redemption prior to maturity In the amounts and to the extent described In Section 512(x) and (b) of the Trust Terms and Conditions. Section 3.6 Form of Certificates. The Certificates shall be executed And delivered by the 1 rustee substantially In the form attached hereto as Exrlbit B. —7— 6(l I IN WITNESS WHEREOF. the parties have executed this Trust AOreemeid by their officers thereunto duly authorized as of the date and year Oust written above. (' as Trustee e' t w By: i Authorized Officer b (S E A U CALIFORNIA CITIES FINANCING CORPORATION Attest: Secretary President IS E A L) CITY OF ATWATER Attest: BY By: City Clerk Mayor IS E A L) CITY OF BURBANK Attest: B)' By: City Clerk Mayor (S E A Q CITY OF NEW MAN Attest: By: By: City Cle6 Mayor _e 4� P M,i �1 _ � 13 . ..L A U CITY OF RANCHO CUCAMONGA At At te e st: -�; By: aY City Clerk Mayor `•` tyA L) CITY OF TRACY Attest By By: City Clem Mayor M,i �1 _ � 13 IAJ ?,0 AMMOW W WLVp 2Jf7• EXHIBIT A DEFINITIONS 'Acquisition Accounts` means the accouMS of that name esteblished unde,, and held by the Trustee pursuant to Section 2.5 of the Trust Agreement. 'Acquisition Cam' with v9spect to each Project means the contract price paid o: to be paid to the Contractors therefor upon acquisition, construction. Installation or delivery of any portion of the Projects and related Equipment, In accordance with the purchase order or contract therefor Acquisition Costs Include the costs of she preparation necessary for the Installation of any Project. Acquisition Costs also Include administrative, engineering, legal, financial, title Insurance and other costs Incurred by the Participants, the Corporation and the Contractors In connection with the acquisition, delivery and installation by the Corporation of the Projects. 'Agreements' means, cglieativey, the Lease Agreements and the Trust Agreement. 'Assignment Agreement' means the agreement by that name, dated as of October 1, 19W. by and between the Corporation and the Trustee. 'Authorized Officer.' when used with respect to the Corporation, means the Secretary or his designee. The term 'Authorized Officer.' when used with respect to the Participants, means the Participant Representative specified In such Participant's Lease Agreement. The term 'Authorized Officer.' when used with respect to the Trustee, means the chairman of the sward of directors, the president, every vice president, every assistant vice president, the cashier, every assistant cashier, every trust OT. eer and every other officer and assistant officer of the Trustee, other than those specifically above mentioned, to wham any trust matter Is r0erred because of his knowledge of and familiarity with, a particular subject. 'Business Day' means any day of the year other than a Saturday, a Sunday, or a day on which banks are authorized or required to be closed in the efty In which the Trustee Is located. 'C:ertificate Payment Account' means the account by that name established under, and held by the Trustee pursuant to. Section 2.6 of the Trust Agreement. 'Certificates' or 'Certificates of Participation' mean the certificates of oarticipaticn executed and delivered by the Trustee pursuant to the Trust Agreement. 'Certificates of Completion' or 'Certificate of Completion means the certificate of an Authorized Officer of a Participant certifying that Its Project has been constructed, acquired, Installed and accepted by that Participant, and that all Acquisition Costs for that Participant's Project have been paid. 'Closlno Date' means the date when there Is an exchange of the Certificates of Participation for the proceeds 'representing the purchase of the Certificates of Participation by the Original Purchaser 'Code' means the Internal Revenue Code of 1888. 'Completion Date' means, with respect to each Project, the date of completion of construction, acquisition and Installatlon of each Project as evidenced by the filing with the Trustee of a Certificate of Conpletfon, as set forth In each Lease Agreement. 'Dated Date' means October 1, 1088. 'Debt Service' means the scheduled principal and Interest components of Lease Payments, payable during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. 'Delivery Costs' means all Items of expense directly or Indirectly payable by or reimbursable to the Participants or the Corporation relating to the financing of the Projects. Including but not limited to filing costs, settlement costs, printing costs, reproduction and binding costs, initial fees and charges of the Trustee, financing discounts, legal fees and charges, financial and ether professional consultant fees, costs of rating agencies for credit ratings, fees for execution, transportation and safekeeping of Certificates and charges and lees in connection with the foregoing. 'Delivery Costs Account' means the account by that name established under, and held by the Trustee pursuant to Section 2.8 of the Trust Agreement. 'Due Date' means March 15 and September 15 of each year commencing September 15, 1888. 'Earnings Funds; with respect to the Cities of Rancho Cucamonga and Tracy only, means the funds by that name created by, and held by the Trustee for such Participants pursuant to Section 310(x) of the Trust Terms and Conditions. 'Excess Investment Eaminas' means, with respect to the Cities of Rancho Cucamon3a and Tracy, an amount equal to the sum of: (I) the excess of (A) the aggregate amount earned on all Nonpurpose Investments (other than amounts attributable to an excess described In this paragraph (1)), over (B) the amount that would have been earned If the Yield on such Nonpurpose Investments (other than amounts attributable to an excess described in this paragraph @) had been equal to the Yield of the applicable Lease Agreements, plus 00 any Income attributable to the excess described In paragraph (). Exhibit A Page 2 �j( 'Federal Securities' means direct obligations of Qncluding obligations Issued or - {. held 1.1 book entry form on the books of the Department of the Treasury of the United States of America), or obligations the principal of and Interest on which are . !f Y unconditionally guaranteed by the United States of America. 'Governing Body means the City Council of a Participant. 'Gress Proceeds' means the aunt of the following amounts: •F 0) original proceeds, namely, net amounts received by or for the applicable ? Participants is a result of the sale of the Certificates• excluding original proceeds •J which become transferred proceeds (determined in accordance with applicable Regulations) of obligations Issued to refund In whole or In part the Lease Agreements of the applicable Participants; (ip Investment proceeds, namely, amounts received at any time by or for the applicable Participants, such as Interest and dividends, resulting from the Investment of any original proceeds (as referenced In clause Q) above) or Investment proceeds 'es referenced in this clause 00) In Nonpurpose Investments, Increased by any p.ofits and decreased Of necessary, below zero) by any losses on such Investments. excluding Investment proceeds which become transferred proceeds (determined In accordance with applicable Regulations) of obligations " Issued to ref-nd In whole or In part the Lease Agreements of the applicable Participants; (fin sinking fund proceeds• namely, amounts, other than original proceeds or Investment proceeds (as referenced in clauses Q) and Ql) above) of the Certificates• which are held In any Lease Payment Account and any other fund to the extent that the applicable Participants reasonably expect to use such other fund to pay Lease Payments; Qv) amounts in any Reserve Account and in any other fund established as a reasonably required reserve for payment of Lease Payments by an applicable Participant; (v) Investment Property pledged as security for payment of Lease Payments by the applicable Participants; (vi) amounts, other than as specified In this definition, used by the applicable Participants to pay Lease Payments; and (vl0 amounts received as a result of Investing amounts described In this definition. 'Information Services" means Financial Information. Inc.'s 'Dally Called Bond Service; 30 Montgomery Street, loth Floor, Jersey Clty, New Jersey 07302, Attention: Editor; Kenny Information Services' "Called Bond Service,' 55 Broad Street, 28th Floor, New York. New York 10004; Moody's'Municipal and Government.' 99 Church Street, 8th Floor, New York. New York 10007, Attention: Municipal News Reports; and Standard 6 - Poor's'Called Bond Record," 25 Broadway, 3rd Floor, New York, New York 10004; or to Exhibit A Page 3 / / r' slreh other addresses and /or such other national Information services providing Informaton or disseminating notices of redemption of obligations ouch as the Certificates. 'Insurance and Condemnation Fund' means the fund by that name established under, and held by the Trustee pursuant to. Sect-an 2.9 of the Trust Agreentsnt. 'Investment Property' meaiw any security (as said term is dented In section 165(g)(2)(A) or (8) of the Code), obligation, annuity contract or Investment -typo property, excluding, however, obligations (other than specified private activity bonds as definer- In section 57(ah5)(C) of the Code) the interest on which Is exempt from Income tax under section 103 of the Code. 'Lease Agreements' means those several agrearnents for the lease of the Projects by the Corporation to the Participants, each dated as of the Dated Date. ' Lesse Payments' means the Lease Payments payable by each Participant under the Lease Agreement which It enters Into with the Corporation. "Lease Terns and Conditions' means those certain Lease Tema and Conditions attached to the Lease Agreements as Cxhlbif D. "Not Proceeds,' when used with respect to any Insurance proceeds or condemnation award, means the net prcceeds from the property or casualty Insurarra award with respect to which that term Is used after deduct!on for payment of any expenses Incurred In the collection of such net proceeds. 'Nonouroose Investment' means any Investment Property which Is acquired with the Gross Proceeds and ro not acquired in order to carry out the governmental purpose of the Lease Agreements. 'Odolnal Pvrchaser' meana the first purchaser of the Certificates upon their delivery by the Trustee or the Closing Date. 'Outstanding' when used with reference to the Certificates, and as of any particular date, means all Certificates theretofore delivered except: (a) any Certificate cancelled by the Trustee at or before said date and (b) any Certificate In lieu of or In, substitution for which another Certificate shall have been delivered pursuant to the Trust Agreement 'Owner' or 'Certificate Owner" or 'Owner of Certificates' or any similar term. when used with respect to the Certificates, means any person who shall be the registered owner of any Outstanding Certificate. 'Participants' means, collectively, the Cities of Atwater, Burbank, Newman, Rancho Cucamonga and Tracy. 1989. 'Payment Dates' means April 1 and October 1 of each year, commencing April 1, Exhibit A Page �r Page 4 'Permitted Encumbrances' means, with respect to the Projects, as of any particular time: (1) liens for general ad valorem taxes and nssessments. If any, not then s, delinouent, or which the Participants may, pursuant to provisions of Article V of the ; Lease Terms and Conditions, permit to remain unpaid; pry the Trust-Agreement: and (II) the Lease Agreements. r 'Permitted Investments' means: i v (q Federal Securities; Pq bonds, debentures or notes or other evidence of Indebtedness payable In cash Is,;ted by any one or a combination of any of the following federal agencies: Federal Farm Credit Bank. Farnoes Home Administration, Federal Housing Administration, Maritime Administration, Federal National Mortgage Association, Federal Home Loan Bank, or the Government National Mortgage Association; 0111 certificates of deposit rated 'A' or better by Standard & Poor's Corporation paaperty secured at all times by collateral security described In W or PU above. Such agreements are only acceptable with commercial banks, savings and loan associations and mutual savings banks; pv) the following Investments Wily Insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation: (a) certificates of deposit, (b) savings accounts, (c) deposit accounts or (d) depository receipts of banks, savings and loan associations and mutual savings banks; (v) Repurchase agreements with any bank Qnciuding the Trustee) or any broker - dealer with retail customers which falls under Securities Investors Preteution Corporation protection, the securities of which, or the holding company of which, are rated AA or bettor by Standard & Poor's Corporation, fully secured by actually delivered collateral security described In clauses m or (il) above In which the Trustee has a perfected first security Interest, held by an Independent third party and valued every two weeks as having a market value at least equal to the amount so Invested, pursuant to which such bank or broker- dealer unconditionally agrees to repurchase the same on or before a specified date and for a specified amount; (vI) Money market funds rated In the highest category by Standard & Poor's Corporation; (vil) medium term corporate securities rated 'AA' or better by Standard & Poor's Corporation; and IWO obligations rated 'A' or better by Standard & Poor's Corporation the Interest on which Is excluded from gross Income for the purpcsos of federal Income taxation. Exhibit A Page 5 F 'Principal Amount.' when used with respect to Lease Payments due under any of the Lease Agreements, means the tolsl principal component of Lease Payments then unpaid. 'Principal Office' means the main or principal office of the Trustee in , California, for the conduct of Its corporate trust business, presently located at 'Private Business Use' means use directly or Indirectly In a trade or business carried an by a natural person or In any activity carried an by a person other than a natural person, excluding, however, use by a governmental unit and use as a member of the general public. 'Proceeds,' when used with respect to the Certificates, means the face amount of the Certificates, plus accrued Interest and original Issue premium, if any, less original Issue discount, if any. *Projects. means the various public improvements of the Participants described In the various Exhibits C to the Lease Agreements. 'Protects Trust Fund' means the fund by that name established under, and held by the Trustee pursuant to, Section 2.4 of the Trust Agreement. 'Purchase Price: for the purpose of computation of the Yield of the Lease Agreements, has the same meaning as the term 'Issue price' in sections 1273(b) and 1274 of the Code, and, in general, means the initial offering price of the Certificates to the public (not Including bond houses and brokers, or similar persons or organizations acting In the capacity of underwriters or wholesalers) at which price a substantial amount of the Certificates are sold or, If the Certificates are privately placed, the price paid by the first buyer of the Certificates or the acquisition cost of the first buyer The term 'Purchase Price: for the purpose of computation of the Yield of Nonpurpose Investments, means the fair market value of the Nonpurpose Investments on the date of use of Gross Proceeds for a 4- Vtion thereof, or If later, on the date that Investment Property constituting a Nonp •nN a Investment becomes a Nonpurpose Investment of the applicable Lease Agreemet „s. 'Rebate Funds,' with respect to the Cities of Rancho Cucamonga and Tracy only, means the funds by that name created by, and held by the Trustee for such Participants pursuant to Section 310(x) of the Trust Terms and Conditions. 'Rebate Calculation Period' means the one -year period beginning on the anniversary of the Closing Date In each year and ending on the day prior to the anniversary date of the Closing Date in the following year except that the first Certificate Year shall begin on the Closing Date. 'Record Date' means the close of business on the fifteenth day of the month preceding each Payment Date, whether or not such fifteenth day Is a Business Day. 'Redemption Fund' means the fund by that name established under, and held by the Trustea pursuant to, Section 513 of the Trust Terms and Conditions. Exhibit A Page 6 (P 7 'Reduced Reserve Requirement' has the meaning given to such term In Section 306(c) of the Trust Terns and Conditions. 'RegulaVons' means temporary and permanent regulations promulgated under section 148 of the Code. 'Requisitions' means certificates executed by Authorized Officers of any of the Participants and filed with the Tnotee requesting disbursement from the Acquisition Accounts or the Insurance and Condemnation Fund. 'Reserve Fund' means the fund by that name established under and held by the Trustee pursuant to Section 2.10 of the Trust Agreement. 'Reserve Requirement' means the amount deposited Into a Participant's Reserve Account pursuant to Section 2.10(4) of the Trust Agreement. 'Securities Depositories' means The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Fax -(516) 227 -4039 or 4190; Midwest Securities Trust Company. Capital Structures -Call Notification, 440 South LeSafie Street, Chicago, Illinois 60605, Fax- (312) 683 -9343; Philadelphia Depository Trust Company, Reorganization Divlalon, 1970 M rrM.rt S'--et, Philadelphia, Pennsylvania 19103, Attention: Bond Department, Dex -(215) 4;0.5051'• ur to such c" addresses and /or such other registered securities depositories hold„ substantial dmounto of obligations of typos similar to the Certificates. 'Trust Agreement' means the Trust Agreement, dated as of the Dated Date, by and among Trustee, the Corporation and the Participants, pursuant to which Trustee agrees to execute and deliver the Certificates, to administer funds and to exercise rights and remedies assigned to Trustee. 'Trust Estate' means all present and future estate, tight, title and Interest :r the Trustee !n and to the Projects, the Lease Agreements, the Trust Agreement and any other authorized agreements Including, without limitation, all emounts of Lease Payments payable under the Lease Agreements, all Insurance policies or proceeds, requisitions, Indemnities, condemnation awards or other payments of any kind, In each case payable to the Trustee for or with respect to the Projects or any component part thereof, except for any Indemnities payable to the Trustee In Its Individual capacity pursuant to the Trust Agreement, the Lease Agreements or any other authorized agreement. 'Trustee' means or Its successor In Interest, as trustee under the Trust Agreement. ?rust Terms and Conditions' means the Trust Terms and Conditions attached to the Trust Agreement as Exhibit C. 'Yield' means that yield which, when used in computing the present worth of all payments of principal and Interest (or other payments In the case of Nonpurpose Investments which require payments In a forth not characterized as principal and Interest) on a Nonpurpose Investment or on the applicable Lease Payments produces an amount Exhibit A \ Q Page 7 d 4 equal to the Purchase Price of such Nonpurpose Investment or the applicable Certificates, all computed as prescribed In the Code. _ -`t Exhibit A �� _ f Page 8 , Y A IAIPIO p DwW LJ3 W 499 Tyn w \4� fit+ t 4 3 .a EXHIBIT B t. z ;< (FORM OF CERTIFICATE OF PARTICIPATION) V, W T' CERTIFICATE OF PARTICIPATION !µ Evidencing a Fractional Interest of the Owner Hereof In Lease Psyme its to be Made by One or More of the CITIES OF ATWATER, BURBANK. NEWMAN. s- RANCHO CUCAMONGA and TRACY P As the Rental for Certain Property ' Pursuant to Lease Agreements with the California Cities Financing Corporation (California) 's 1 No. _ S Interest Rate Dated Date Maturity Date CUSIP Ootooer 1, 11388 REGISTERED OWNER: PRINCIPAL AMOUNT- DOLLARS This is to certify that the Registered Owner epecified above (the 'Owner') Is the registered own3r of this Certificate of Participation evidencing a fractional Interest In the right to receive certain lease payments (the 'Les Payments') to be paid by one or _ more (see the table below) of the Citeo of 4- .,ater, Burbank, Newman, Rancho Cucamonga and Tracy, respectively (collectively referred to herein as the 'Participants' or Individually as a *Participant), pursuant to tt se several Lease Agreements, by and between the California Cities Financing Corporation (the 'Corporation*) and each of the Participants, dated as of October 1, 1888 (the 'Lasso Agreements '), the Lease Payments to be made thereunder having been assigned to , as truster; (the 'Trustee'), having an office at which it conducts its corporate trust business In Office'). . California (said office being herein referred to as the 'Principal The Owner is entitled to receive, subject to the terms of the Lease Agreements, on the Maturity Date specified above, the Principal Amount specified above, representing all or a portion of the Lease Payments designated as principal coming due on the fifteenth (15th) day of the month preceding the Maturity Date and to receive on each,lnterest- ' Payment Date (as hereinafter defined), from the Interest Payment Date next preceding the date of execution of this Certificate (unless tnfs Certificate is executed on'or after the "- fifteenth day of the month 'next preceding en Interest Payment Date.-In which event the Owner shag receive Interest from such Interest Payment Date; or unless this Certificate is executed prior to the close,of business on March .15. 19139, In which event the Owner ohall receive Interest from October 1, 1988; provided, however„ that If, at the time of execution of this Certificate, Interest Is in default, with respact to this Certificate, the Owner shall receive Interest- from the; Interest Payment Date to, which Interest with respect hereto has been paid of mide available for payment), until the Maturity Rate or the date of redemption In whole, whichever far eariler, thb Owner's fractional share of the Lease Payments designated as interest coming due on the fifteenth (15th) day of the May or November (the 'Due Date'j next-preceding oach of the Interest paynient Dates, and the Maturity Date. 'Interest Payineaf Dato' means April 1 and October t of each yes'r, commencing April 1, 1989, until the Principe) Amount of this Certificate has been paid In full. Said fractional share of the Lease Payments designated as Interest Js the result u1 the multiplication of the Principal Amount by the Interest Rate per annurn Stated above. The amount representing principal whh"respect to this Certificate Is payable in iawlw money of the United States of America, which at the time of payment is legal tender for the payment of public and private debls,,upon presentation and surrender hereof at the Principal Office of the Trustee. Amounts representing Interest with respect to this Certificate are payable by check or draft of the Trustee mal;od to the Owner of record at the close of business on the fifteenth (151h) day of the month preceding each Interest Payment Date, at the address of such Owner contained In the Certificate register maintained by the Trustee or at such other address as the Owner may have filed with the Trustee for that purpose. At the option of any owner of at least $1,000,000 principal amount of the Certificates, the Trustee shall remit Interest by wire transfer to or account designated by such Owner Each payment of principal or interest made to the Owner of this CertlCCate In any year Is comprised of Interests in Lease Payments made by only those Participants listed opposite the Maturity Date of this Certificate in the following table In the percentages listed opposite such Maturity Date. The percentages listed opposite All other maturity dates only pertain to Certificates maturing on such dates and do not In any way pertain to any payment of principal or Interest payable with respect to this Certificate: Exhibit B &C=>3 Page 2 THE CITIES OF ATWATER. BUP.':- .K AND NEWMAN HAVE, FOR PURPOSES OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1988, DESIGNATED THEIR LEASE AGREEMENTS AS "QUALIFIED TAX EXEMPT OBLIGATIONS.' THE OWNER IS DIRECTED TO THE TABLE ABOVE TO DETERMINE THE PERCENTAGE (BY ADDING THE PERCENTAGES OF THE CITIES OF ATWATER, BURBANK AND NEWMAN LISTED OPPOSITE THE MATURITY DATE OF THIS CERTIFICATE) TO WHICH SUCH SECTION OF THE CODE APPLIES. REFERENCE IS HEREBY MADE TO THE FURTHER PROVIS'ONS OF THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL, FOR ALL PURPOSES, HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. THE PARTICIPANTS HA'vE CERTIFIED, RECITED AND DECLARED that all acts. conditions and things required by the Constitution and statutes of the State of California and the provisions of the Trust Agreement to exit, to have happened and to have been performed precedent to and In the execution and de0very of this Certificate, do atilt, have happened and have been performed in due time, form and manner as required by law. Exhlblt B Page, Participant _ Matarity Rancho Date Atwater Burbank Nov an Cucemonca Tracy Total 1989 % % % % % 100% 1990 100 1991 100 1992 100 1993 100 1994 100 1995 100 1996 100 1997 100 1998 100 1999 100 2000 100 2001 100 2002 100 2003 100 2004 100 2005 100 2006 100 2007 100 2006 100 THE CITIES OF ATWATER. BUP.':- .K AND NEWMAN HAVE, FOR PURPOSES OF SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1988, DESIGNATED THEIR LEASE AGREEMENTS AS "QUALIFIED TAX EXEMPT OBLIGATIONS.' THE OWNER IS DIRECTED TO THE TABLE ABOVE TO DETERMINE THE PERCENTAGE (BY ADDING THE PERCENTAGES OF THE CITIES OF ATWATER, BURBANK AND NEWMAN LISTED OPPOSITE THE MATURITY DATE OF THIS CERTIFICATE) TO WHICH SUCH SECTION OF THE CODE APPLIES. REFERENCE IS HEREBY MADE TO THE FURTHER PROVIS'ONS OF THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF WHICH FURTHER PROVISIONS SHALL, FOR ALL PURPOSES, HAVE THE SAME EFFECT AS IF FULLY SET FORTH IN THIS PLACE. THE PARTICIPANTS HA'vE CERTIFIED, RECITED AND DECLARED that all acts. conditions and things required by the Constitution and statutes of the State of California and the provisions of the Trust Agreement to exit, to have happened and to have been performed precedent to and In the execution and de0very of this Certificate, do atilt, have happened and have been performed in due time, form and manner as required by law. Exhlblt B Page, IN WFNESS WHEREOF, this Certificate has been executed and delivered by the manual signature of the Trustee on the date of execution set forth below. Date of Execution: as Trustee By Authorized Slgnatory [REVERSE SIDE OF CERTIFICATE) The Participants are authorized to enter Into the Lease Agreements by the laws of tho State of California. The Participants fire entering Into the Lease Agreements In order to lease from the Corporation certain property necessary or convenient for the governmental operations of the Participants (collectively, the *Projects). The Corporation has assigned its rights to receive Lease Payments to the Trustee pursuant to an Assignment Agreement, dated as of October 1, 1988, by and between the Corporation and the Trustee. The Trustee has executed and delivered certificates of participation (the 'Certificates'), representlnn i_ aggregate principal amount of Lease Payments pursuant to a Trust Agreement, dated as of October 1, 1988, by and among the Trustee, the Participants and the Corporation (the `Tr rt Agreement'). The obligations of the Participants to make Lease Payments under the Lease Agreements are obligations payable from the general funds of the Cities of Atwater, Newman, Rancho Cucamonga and Tracy and from Net Revenues of the Enterprise (as dsfined In Its Lease Agreement) with respect to the Lease Payments to be made by the City of Bu•bank, or any other source of funds legally available to such Participant for the payment of Lease Payments. The obligations of the Participants to pay Lease Payments do not constitute obligations of the Participants for which the Participants are obligated to levy or pledge any form of taxation or for which the Participants have levied or pledged any form of taxation. The obligations of the Participants to pay Lease Payments under the Lease Agreements do not constitute debts or Indebtedness of the Participants, the State of Calitomia or any of Its political subdivisions within the meaning of any constitutional or statuto y debt limitation or restriction. The Resorve Accounts which have been established under the Trust Agreement for each of the Participants are held by the Trustee in segregated accounts, and one Participant's Reserve Account is not available to make up any deficiency In the payment of Certificates caused by another Participant's failure to pay Its Lease Payments. Ilo Participant has covenanted to pay another Participant's urpaid Lease Payments or to make up any deficit in the payment to registered owners which occurs by reason of another Participant's nonpsyment of its Lease Payments. Exhibit B I Page 4 �j The Certificates cre subject to redemption In whole or In pert, without premium, at the principal amount to be redeemed, plus accrued Interest to the date of redemption, as follows: (a) In the event the Trustee receives net proceeds of any Insurance award resulting from damage or destruction to all or a portion of a Participant's Project and such Participant certifies to the Trustee that repair, replacement or Improvement of all or specified components of the damaged or destroyed part of such Project is not economically feasible or In the best Intarest of such Participant, then such net proceeds related to such specified components will be used to redeem, within thirty days after the receipt of such certificate, all or part of that portion of the Certificates representing Interests in such Partlelpent's Lease Payments equal to the amount of such net proceeds related to such specified components (or In the case of a redemption of all of that portion of the Certificates representing Interests In such Participant's Lease Payments, equal to the remaining unpaid principal amount of such Participant's Lease Payments). In the event of a redemption of the Certificates in part, such Participant's Lease Payment obligation will be proportionately reduced under Its Lease Agreement. Notwithstanding the foregoing, such Participant may not certify to the Trustee that Its Project has been damaged or destroyed in whole and that repair, replacement and Improvement of all of Its Project is not economically feasible or in the best Interest of such Participant and no Certificates will be redeemed, unless such net proceeds, together with funds then on hand In Such Participant's Acquisition Account, Lease Payment Account and Reserve Account (as such accounts are described In the Trust Agreement) and any additional funds voluntarily contributed by the Participant for such purpose arj sufficient to redeem all of that portion of the Certificates representing Interests In such Participant's Lease Payments; or (b) In the event the Trustee receives net proceeds f.om any eminent domain proceeding relating to all or a portion of a Participant's Project, such net proceeds will be used to redeem, within thirty after receipt of the Participant's certificate described below, all or po, vi that portion of the Certificates representing interests In such Particip3nt'3 Lease Payments (unless such proceeds arc used to repair or replace such Project In the manner described In the Trust Agreement). In the event such Participant certifies to the Trustee that Its Project has been taken In part pursuant to such eminent domain proceedings and that the remaining portion of Its Project Is still useful for the purposes originally Intended, the net proceeds from such eminent domain proceedings (unless such proceeds are used to repair or replace such Project In the manner described in the Trust Agreement) will be used to redeem that portion of the Certificates representing Interests In such Participant's Lease Payments In an amount equal to the amount of such net proceeds. In such event, such Participant's Lease Payment obligations w,;l be proportionately reduced under Its Lease Agreement. In the event any Participant certifies to the Trustee that Its Project has been taken in whcie pursuant to such eminent domain proceedings or has been taken in part to such extent that the remaining portion of such Project Is no longer useful for the purpcses Intended, all net proceeds, together with all funds then on hand in such Penicipant'c Acquisition Account, Lease Payment Account and Reserve Account will be applied to the redemption of the Certificates and the remaining Lease Payment obligations of such Participant will be abated in full under Its Lease Exhibit B Page 5 �P Agreement. If such amounts, together -rith any funds voluntadly contributed by the Participant for such purpose, are not sufficlent to pay the entire redemption price of the Certificates to be redeemed, then the amounts available for such purpose shall be applied first to the payment of Interest and then to the payment of principal, pro rata amonp all Certificates, all or a portion of which are being redeemed. The Ceniticates maturing on or after October 1, are subject to redemn In whole or in part (in an Integral multiple of $5.000 but not In an amount less than $20.000 ptio ) ptio on any Interest Payment Date on or after October 1, from moneys deposited Participant's Lease Payment Account as a result of the exercise by a Participant of Its In a option to purchase Its Project or to prepay Its Lease Payments as provided in Its Lease Agroement, at the redemption price set forth below (expressed es a percentage of the principal amount of Certificates to be redeemed) and accrued Interest to the date fixed for redemption: Redemption Date Redemption Price October 1, _ and April 1, % October 1, _ and April 1, October 1, _ and April 1, _ October 1, _ and April 1, _ October 1, and each April 1 and October 1 thereafter 100 This Certificate Is not subject to redemption except as provided above. In the event that part, but not all, of that portion of the Certificates representing Interests in a Participant's Lease Payments is to be redeemed, the Certifi:ates to be redeemed shall be selected by the Trustee In the following manner the Trustee shall Identify those Certificates which represent Interests In the Lease Payments P4 the Participant causing such redemption, and shell select from such Certificates particular Certificates to be redeemed In the Inverse order of their maturity (subject to ltny conflicting provisions In (b) above). Where less than all of the Certificates of a maturity are to be redeemed. Certificates of such maturity shall be redeemed pro rate. For the purpose of the se;ectlon described In this paragraph, all Certllic -s registered t^ the name of the same registered owner shall be aggregated and treated as a single Certificato Bald by such registered owner Notwithatanding any of the foregoing, in any such partial redemption the Trustee shall, according to such method as it shall deem proper In Its discretion, make such adjustments by Increasing or decreasing by not moru than $5,000 the amount which would be allocable to any one or more registered owner, as may be necessary to the end that the principal amount allocable to all but one such registered owner shall be an Integral multiple of $5,000. No Certificate selected for redemption shall be redeemed In a principal amount which exceeds that portion of the principal amount of such Certificate representing Interests In the Lease Payments of the Participant causing such redemption. A notice of redemption shall be given to the registered owners of arty Certificateb which are to be redeemed In whole or In part In the manner described In the Trust Agreement. C%hlbit B Page 6 E� ter, This Certificate has been executed by the Trustee pursuant to the terns of the Trust Agreement. Copies' of, the. Trust Agreement are on file at the office of the Corporation and ai the' Principal = Office of the Trustee, and .reference to the Trust Agreement and any and all amendments thereto Is made for a description of the rights and remedies of the registered owners' of the Certificates and the term and conditions upon which the Certificates era delivered thereunder.. To the extent end in the manner permitted by the terms of the Trusf'Agreement, the provisions of the Trust Agreement and the Lease Agreements, may be emended by the parties thereto with the written consont of the registered; owners of; et least' a majority,in principal = amount -of the Certificates then outstanding, or whfioufconsent of the, registered �ownersL. tb,cure ambiguities or defective provislonsrto make any change whlcn does not adversely affect the Interests of the registered owners of the Certificates, or to 'comply with the requirements of section 148(Q of the Internal Revenue Code of 1988 end any regulations promulgated thnreunder. The registration of this Certificate shall be transferable only upon the Certificate register, which shall be kept foi thut purpose at the Principal Office of the Trustee, upon surrender hereof together with a written Instrument of transfer satisfactory to the Trustee duly executed by the Owner or his ouly authorized ettomey. Upon the registration of the transfer and the surrender of this Certificate, the Trustee shall provide In the name of the transferee a new fully registered Certificate cr Certificates, of the same aggregate principal amount, Interest rate and maturity as the surrendered Certificate. The Certificates are delivered in the form 'of fully registered Certificates In denominations of $5.000 each or any integral multiple thereof. Subsequent to e redemption affecting all or a portion of the Certificates, the registered owner of any Certificate which has been redeemed In part may be Issued one or more Certificates not event' divisible by $5,000. Certificates, upon surrender thereof at the Principal Office of the Trustee with a written request of exchange satisfactory to the Trustee duly executed by the registered owner or his attorney duly authorized In writing, may, at the option of the registered owner thereof, be exchangbd for an equal aggregate principal amount of Certificates of any other authorized denominations, of the same maturity. The Trustee has no obligatbrts or liabilities to the registered owners for the ayment of Lease Payments by the Perticipants when due. Exhibit B / Page 7 CO i a r .a x Al e: ASSIGNMENT For va,ue received assign and transfer unto 1 the undersigned do(es) hereby sell. (Name, Address and Tax Identification Number of Assignee) - the within registered Certificate and hereby irrevocably constitutes) and appointis) attorney, to transfer the same on the Certificate register of tho Trustee with full power of substitution In the premicos. Dated: By Note: The algnature(s) on 111111 Aaalgmnent must Cone2pond with the 11817(1) se wrtnnn on the taco Of the Minh registered Certificate In every particuler wlfraul afiaratlon or enlargement or any Change whelaoever. Signature Guaranteed: Note Sgnature(a) must be guaranteed by a member firm of the New York Stock Exchange or a commerGal bank. or trust company. Exhibit 8 Page 8 EXHIBIT 0 TRUST TERMS AND CONDITIONS rV Z3679 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION Section 101 Deflnluons..„ „_ »,r„ „_.._. Section 102. Rules of Construction_...... ARTICLE II REWALS AND REPRESENTATIONS Section 201 Lease Aeroements._ ........_......_.. „_......�,„„. „_ 2 Section 202. Deposit of Mons -S _„...„. ..... ._..„.„„„..„.,........._ „.._....... „. »„„. „..,.,..,,_„„„ 2 Section203. Lease PeYrr�snts_ ------ .._........._..._._...„, „..._._._._....„.,. ».„„,.._____ 2 Section 204. Asslgnment.._._.._„__._.._.__r. 2 Section 205. Conditions Precedent Safisflad.....__ _„ »._._._._.._..........„.,„.,, �», 2 ARTICLE IV THE TRUSTEE Section 401 Trustee; Duties. Removal and Resignation ............ .... _.... ........ .............. 14 Section 402. Compensation of the Trustee ....... .._.. ..................................... .._._ „, „ „. 15 Section 403. Protection to Trustee ................... „..„.»,„. ............................ „„, ..... ..,,„_,,, 15 Section 404 Disclaimers of Trustee ........ _......„ .... »................................ _ .............._.. 17 Section 405. Acting Solely as Trustee ..................__„...„..„......... ..._...... ...„„,„„.............. 17 Section 406. Payments from Trust Estate Onty.... _...._..._ ......... ........ »._..._,...„„.._.,,,,,, 17 Section 407 Merger or Consolidation ............... ..................... „ ..... .. .... _ .... ...... 18 ARTICLE III AWNISTRATION OF FUNDS AND ACCOUNTS Section 301 Disbursements from Acquisition Accounts „ .......... „,_ „ »_»,_,._...... 3 Section 302. „..... Application of Certificate Payment Account... ....- ..— ....._.__ ...... 5 Section 303. .... »„. Appllcatlon of Lease Payment Accounts; Capitalized Section 304. InterestSubaccounts..... ......... r...._»...... ._._..„.. „ ..................... Application of Delivery Costs Account »„»_....._. „,. 5 5 Section 305. Application of Insurance and Condemnation Fund_...._.___..._....._... 6 Section 306. Appllcatlon of Reserve Fund .... ..„,„.„............_„... ...._.. „...._...„. ». 0 Section 307 „...._..... Deposit and Investment of Moneys In Funds; Statements..._._._ a Section 308. ............. Valuation of Investments„_ ................... _„„. ...... _ ............ .... ... _ 10 Section309. Section 310. ... ....... _.. No Arbitrage ....... _ .... ............ _ ............... „„._......_... ..........._................... 10 Yield CompLiallons for Variable Rate Obligations ._....._ ............._....... 10 Section 311 Rebate of Excess Investment Earnings to United States..._ „ ................... 11 ARTICLE IV THE TRUSTEE Section 401 Trustee; Duties. Removal and Resignation ............ .... _.... ........ .............. 14 Section 402. Compensation of the Trustee ....... .._.. ..................................... .._._ „, „ „. 15 Section 403. Protection to Trustee ................... „..„.»,„. ............................ „„, ..... ..,,„_,,, 15 Section 404 Disclaimers of Trustee ........ _......„ .... »................................ _ .............._.. 17 Section 405. Acting Solely as Trustee ..................__„...„..„......... ..._...... ...„„,„„.............. 17 Section 406. Payments from Trust Estate Onty.... _...._..._ ......... ........ »._..._,...„„.._.,,,,,, 17 Section 407 Merger or Consolidation ............... ..................... „ ..... .. .... _ .... ...... 18 Pepe Section409. Survival of Rights ..... ..._..„......_..„„__._...„...... .._.._...._._.._.... ...... ._... 19 Section 409. Indemnification of Trustee Extended to Officers .... ._....,_ „, 18 ARTICLE V TERMS AND PnOViS1ONS OF THE CERTIFICATES Section 501. Medium of Payment; Form_„...,_„_.„.„.„._ „„ 19 Section 502. Lspentls__„._...,,,.„,„_._._.„„„„„_,,,„_........_ __.._„„„...„..........„.. „..�.. !9 Section 503. Execution ....»...__..,_„..._„.__. 20 Secllon 504. Napotlabllity, Transfer and Registry_. ., ..„.., 20 Section 505. Transfer of Certtllcates. „..._ ..„ 20 S6clion 506, Regulation with Respoct to Exchange and Transfert 20 Section 507 Certificate Register._._,.........__._....,._.,._.._.._ ...._......._..........._,...._ 21 Section 508. Temporary Cnrtlflcates...._. „.. ,., 21 Section 509. Certificates Mutl;ited, Lost, Destroyed or Stolen ..._..__....___.._....._.„ 21 Section 510. Place of Payment .__.._..«„„......._.,._..,..„.. „..._.._. „_..,..,. „,,,_„__._.., 22 Section 511 Evidence of Signatures of Certificate Owners and Ownership of Certificates „„___,_,„.., „,,......,_,_„......v„, „. „ „ „ „„, 22 Section512. Redemption_.....__............_...,._.„..,_.,..__...____..... _...„_.__...._ ............. 22 Section 513. Redemption Fund..„.„_.._...„.„...._ 24 Section 514. Notice of Redemption-_.,.._.___„„,„„.. 24 Section 515. Payment of Cerllfocates for Redempton._....__.._.. 28 Section 516. Partial Redemption of Certificate _.....„.__....... .„....... 26 ARTICLE N COVENANTS; LIMITATION OF LIABILITY; ASSIGNMENT Secllon 601. Corporation to Perform Lease Agreements..._„. ....... „_.__..„.......__....... 27 Secllon 602. Assignment by Corporation ,„„„,,,_„.._...,.,...„„.. ......_„__ ....... ... „,,,,..,,,_ 27 Section 603. Action I.. the Event of Non- Paymafd of tease Payments,..._....._„......_,. 27 Section 604. No Obligation of Participar, ;,% to Jwners ..._.,„...„......._......__..„.„.„„._„ 27 Section 605. No Obligation for carformanco by Trustee .._ ........... ..... _ .... ..„„,. „ »„...._. 27 Section 606. No Liability to Owners for Payment.,.„_....._,„„ . ........... 27 Section 607 No Responsibility for SalfiGOncy..... ..... ... .................. .... „„.„., „„„,,,,,, „ „„ 26 Section 606, Trustee May Require Opinion of Counsel .................... ._ ... __............... 28 Section 609. Indemnillcatlon to Trustee and Corporation ............ .„.. „ „ „, „..._.. „......... 28 Section 610. Agreement to-Pay Attorneys' Fees and Expenses ...... ..... ........................„ 29 Section 611 Power of Trustee to Control Proceedings...................... . ..... „................... 29 Section 612 Limitation on Ceilificate Owners' Right to SUB ........... _,_ ................. „_..... 29 Section 613. Owners as 1111n+ Parry Beneficiaries.........„ .............. _._......................... 20 Section 614. Institution of Legal Proceedings ... .......................... _. „ ..... ....... „................. 30 Section 615. Non-waiver ._ ........ _ .............. ._ ......... ............. ............. . „........_.........„»..... 30 Section 616. Remedies Not Exclusive ............... ........„..........,„... ......................_..._.,__ 30 Section 617 Application of Funds ....... ......... ............................. .........._....._„.._......_... 31 Section 619. Payment of Certificates Alter Discharge of Trust Agreement...._.,„.......... 31 n 3 r' R Psae ARTICLE VII AMENDMENT, DUEASANCE, ADMINISTRATIVE PROVISIONS Sn:tlon 701 Amendmenta«................ ,_,,,,,,_,,,,_ .._.�_....... 32 Section 702. Coleasanq.,._„ 32 SeClvn 703. Trustee to Keep Rorcrds_ �~'� ,,,_„_ 33 Section 704, California Law.„.._...:.. „�� 33 Section 705. Severabllity _,�„„ " _ �'�"' "" _ 33 -_ Section 706. Binding on Succomrs ..... �W...e� S"lc.i 707 F.secunon In Counterparts ._ ,.._,..„..,_,,,,,,,,,,,„,,,,_„_ „,�,_ „,,,,,, 33 Section 708. Heatllnps..r.. 33 � 33 X 5 S� f" ZP 5 $M ARTICLE I DEFINITIONS; RULES OF CONSTRUCTION Section 101 DeilmItions 'COPhaftzed terms used herein shall, for the purposes hereof, have the meanings ascrited to them In Exhibit A attached to the Trust Agreement and by {his reference Incorporated herein, unless the context clearly requires come other meaning. Section 102. Rules of Construction. Wordy of the masculine gender shall be deemed and construed -to include correlative words of ths'femmine and noutet'genders. Unless the context otherwise Indicates, words Importing'the singular numbirehall Include Z the plural number and vice verse, and -,words Importing -persons:'shall Include corporations and associations. Including public bodies, as well as natiral persons. SI Exhlb;t C Page 1 ARTICLE II RECITALS AND REPRESENTATIONS , Section 201." Lease{ Agreements._ The Corporation and the Participants have entered Into separate Lease Agreements whereby the Corporation has agreed to lease the Projects to the Participants and the Participants have agreed to lease the Projects from the Corporation: Section 2W. Deposit of Moneys. Under the Trust Agreement, in order to provide for acquisition and /or construction to assure the; ?articipants that the Acquisition Costs of earn Project will be paid'whnout delay and that the irojects will be available for lease whhaut delay -.4he Corporation Is.requirerl toideposit with the Trustee, or cause to, be deposited with the Trustee an Its b� ialf, certain moneys. Section 203. Lease Payments. Under the Lease Agreements, the Participants are obligated to pay to the Corporation or its assignee, Lease Payments, for the lease of the Projects. Section 204. Assignment. For the purpose of obtaining the moneys required to be deposited by It with the Trustee, the Corporation has, pursuant to the Ass'gnment Agreement, assigned and transferred all of Its rights and Interests under the Lease Agreements to the Trustee-, Grid In consideration of such assignment and the execution hereof, the Trustee has agreed to execute and deliver Certificates of Participation, each evidencing a fractional Interest In the Lease Payments payable under one or both of the Lease Agreements. Sw'tlon 205. Conditions Precedent Satisfied. All acts, conditions and things +_ required oy law to exist, happen and be performed precedent to and In connection with n the execution and entering Into hereof, have happened and have been performed In xi regular and due time, form and manner as required by law, and the parties to the Trust Agreement are now duly empowered to execute and enter Into the Trust Agreement. Exhibit C J Page 2 [s ARTICLE hl ADMINISTRATION OF FUNDS AND ACCOUNTS Section 301 Disbursements from Acquisition Accounts. (a) Amounts on deposit In the Acquisition Accounts shall be disbursed or Acquisition Costs In accordance with the procedures described in these Trust Terms and Conditions. (b) Disbursements from an Acquisition Account shall be made by the Trustee upon receipt of Requisitions complying with the requirements of this Section 301. (c) Each such Requisition shall: 0) set forth the amounts of Acquisition Costs to be disbursed, the person or persons to whom said amounts are to be disbursed and the name of the Acquisition Account from which such disbursement Is requested; be used foSe portion, a Private B s ness Use or to make orrtfinance a loan t(other than a loan constituting a Nonpurpose Obligation Investment or assessment) to other than a state or local governmental unit and certify that there has been compliance with the provisions of the Lease Terms and Conditions relating to the Private Business Use limitation and the private loan limitation; 011) state that the amounts to be disbursed constitute Acquisition Costs, that said amounts are required to be disbursed pursuant to a contract entered Into therefor by or on behalf of the Participant requesting a,sbursement, or were necessarily and reasonably Incurred; and that said amounts are not being paid in advance of the time, if any, fired for payment; 0v) In the case of each payment made under any contract for Installation or construction. State that, Insofar as such obligation was Incurred for work, materials. equipment or supplies, ouch work was actually performed, or such materials, equipment or supplies were actually installed In furtherance of the Project or delivered at the site for that purpose or delivered for storage or fabrication at a place or places approved by the Participant; (v) state that no Requisition pr amount forth eviously filed wiith,and pe dby. the T sties ipursuantt to this Section 301 (vi) state that the "ount remaining in the Acquisition Account from which such disbursement Is to be made, together with Interest earnings on such amount, plus Investment earnings on other funds that will be transferred Into such Acquisition Account, will, after payment of the amount Set forth In the Requisition, be sufficient to pay all remaining Acquisition Costs for that Participant's Project as then estimated, or,. if not, that the requesting Participant has set aside other Exhibit C / e Page 3 !O available moneys to provide for any shortfall, which moneys may be paid by the Participant directly for any Acquisition Costs; (vil) state that attached thereto are true and coned copies of Invoices, purchase orders or con :reds In support of amounts requested therein, which contracts or other evide=rs of Indebtedness are in full force and effect and provide for the acquisition, ce:rstructlon, delivery and installation of all or a portion of the Project; (vlip in the case of Increased Acquisition Costs, state that the amount of such Increase has been or Is thereupon being deposited with the Trustee, or otherw;se made available by the Participant; (Ix) in the case of disbursement of final payment of that Participant's Acquisition Costs, state that all such Acquisition Costs have then been, or are thereupon being, paid and that the entire Project has been finally accepted by such Participant and that all Lease Payments shown on Exhibit B to such Participant's Lease Agreement represent fair rental value for such Participant's Project: (x) state that no mechanics' Hens or stop notices have been glad: and (x) stale that no event of default has occurred and Is continuing. (d) Notwithstanding the foregoing, no disbursements shall be made from such Participant's Acquisition Account for the payment of Acquisition Costs unless and undl the Trustee has received @ the title insurance policy required by Section 511 of the Lease Terms and Conditions; provided, however, that such condition shall not apply to the City of Burbank, (Iq evidence of compliance with the other Insurance requirements of the Lease Terms and Conditions and 014 evidence has been provided to the Trustee that such Participant's Lease Agreement has been property recorded with the approprinle County Recorder, provided, however, that such condition shad not apply to the City of Burbank. (e) Upon receipt of any Certificate of Completion, the Trustee shall transfer any amounts remisining In that Participant's Acquisition Account Into such Participant's lease Payment Accoun. and shell close such Participant's Acquisition Account. Upon transfer- of said amolmts to such Lease Payment Account, said amounts shall be applied as a credit against the Lease Payments due by that Participant on the Due Dates following the date of such transfer In e.lccassive order until full disbursement of said amounts. Upon such transfer, the Trustee shall provide written notice to the affected Participant of the amount of such transfer (f) Upon receipt f a Requisition, the Trustee Is authorized to act thereon without further inquiry and shall not be responsible for the contents of such Requisition or the application of such funds. Exhibit C 9 v" Section 302. Application of Certificate Payment Account. (a) The Trustee shall withdraw from the Certificate Payment Account, on each 8 Payment Date, an amount equal to the Lease Payments due on or before such Payment Date, end shall cause the same to be applied to the payment of principal and Interest payments due with respect to the Certificates on such Payment Date. ' (b) II on any Payment Date amounts on hand In the Certificate Payment Account are Insufficient to pay the full amount of principal and Interest then due and payable with respect to the Certificates. the Trustee shall apply such amounts to the payment of Lease Payments of the Participants from whose Lease Payment Accounts such moneys were withdrawn (but only to the extent of such withdrawals) and, with respect to each such . , Participant's Lease Payments. first to the payment of Interest past due, pm rate i1 necessary, and second to the payment of principal past due, pro rata, If necessary. r r ''. Section 303. Application of Lease Payment Accounts: Capitalized Interest Subaccounts. (a) The Trustee shall deposit any moneys received pursuait to Section 2.7 of the Trust Agreement Into the respective Participant's Capitalized Interest Subaccount. (b) The Lease Payment Accounts shall be maintained by the Trustee until all Lease Payments due under the Lease Agreements have been paid by the Participants. .r Lease Payments paid by ealh Particpant to the Trustee as assignee of the Corporation pursuant to the Lease Agreements and hereunder, as well as proceeds of rental interruption Insurance maintained by such Participant, if applicable to such Participant, and any other amounts required by the Lease Agreements or the Trust Agreement shall be deposited by the Trustee in such Participant's Lease Payment Account. (c) The Trustee shall withdraw moneys from each Participa.a's Lease Payment Account on each Payment Date In amounts equal to the respective Lease Payments due, after giving effect to the provisions of Sections 308 and 307 of the Trust Terms and Conditions, from that Participant on the Due Date next preceding such Payment Date. (d) The Trustee shall cause all sums withdrawn from the Lease Payment Accounts to be Gepasited in the Certificate Payment Account. (e) Moneys in a Participant's Lease Payment Account may be transferred to the Redemption Find in connection with a redemption of the porticn of the Certifieatrs relating to ,uch Participant's Lease Payments. Section 304 Application of Delivery Costs Account. (a) The Trustee shall disburse funds from the Delivery Costs Account upon receipt of a signed requisition approved by the Authorized Officer of the Corporallr,n. (b) Upon payment of all Delivery Costs, which shall be determined by a certificate to that effect by en Authorized Officer of the Corporation, or upon the date occurr;ng one year after the Closing Date, whichever occurs first, the Trustee shall transfer all funds remaining In the Delivery Costs Account to the Lease Payment Accounts of the Exhibit C /_ 3 Page 5 !O ttttttt. Participants, in the same proportion as the principal portion of Lease Payments payable under each Participant's Lease Agreement bears to the total principal portion of Lease Payments represented by the Certificates when originally executed and delivered, and the Delivery Costs Account shall thereupon be closed. Section 305. Application of Insurance and Condemnation Fund. All Net Proceeds of insurance or eminent domain proceedings with respect to the Projects which are received by the Trustee shall be deposited In the Insurance and Condemnation. Fund, with the ex;eption of any proceeds of rental Interruption Insurance, which shell be deposited In the Lease Payment Account of the affected Participant. Within the Insurance and Condemnation Fund, the Trustee shall establish a separate account for any Participant which causes Net Proceeds to be deposited with the Trustee. The Trustee shall promptly give notice of the receipt of Net Proceeds to the Participant with respect to whose Project such Net Proceeds have been paid. A. Application of Proceeds of Insurance. p) The Net Proceeds of any Insurance or award paid with respect to each Participant's Project resulting from any damago or destruction to such Project shall be deposited with the Trustee in such Participant's account in the Insurance and Condemnation Fund. Within 30 days of such deprJt the Participant shall certify to the Trustee (a) as to whether the Project has been damaged or destroyed In whole or In part, (b) as to whether Net Proceeds are to be utilized for the repair, replacement or Improvement of all or specified components (the 'Repairable Components) of the damaged or destroyed portion of such Project and, if so that sufficient funds, together with the Net Proceeds related to the Repairable Components, have been appropdated to pay the total cost of such repair, replacement or Improvement, and (c) as to whether repair, replacement or Improvement of all or specified components (the 'Unrepalrable Components') of the damaged or destroyed portion of such Project is not economically feasible or In the best Interest of the Participant. Notwithstanding the foregoing, if the Project has been damaged In whole, but the Net Proceeds, together with funda then on hand .n such Participant's Acquisition Account, Lease Payment Account and Reserve Account (which may include funds voluntarily deposited therein by the Participant for such purpose) are not sufficient to redeem all of that portion of the Certificates representing Interests In such Participant's Lease Payments, then the Participant shall not be permitted to certify that repair, replacement or improvement of Its Project Is not economically feasible or In the best Interest of such Participant. In such event. the Participant shall proceed to repair, replace or Improve its Project as described herein and shall me" the required certification to the Trustee as described above. Oil If the certification described In the preceding paragraph Is to the effect that Net Proceeds are to be utilized for the repair, replacement or Improvement of Repairable Components of the damaged or destroyed portion of such Project and the Participant further certifies that sufficent funds, together with the Net Proceeds related to such Repairable Components, have been appropriated to pay the total cost of such repair, replacement or improvement, the Trustee will disburse the Net Proceeds related to the Repairable Components to the Participant upon receipt of Its requisitions therefor in order for the Participant to Exhibit C Page 6 / n cause the Repairable Components to be repaired, replaced or Improved to at least the same good order, repair and condition as they were in prior 0 the damage or destruction, Insofar as the same may be accomplished with eaid funds, and the Trustee shall transfer any excess Net Proceeds related to the Repairable Components to such Participant's Lease Payment Account to be credited against the Participant's next Lease Payment. It such certification is also, or alternatively, as the case may be. to the effect that repair, replacement or Improvement of the Unrepairable Components Is not economically feasible or [it the best Interest of the Participant (and such a certification Is permitted by the requirements of this paragraph), the Trustee will transfer the Net Proceeds related to the Unrepalrable Components to the Redemption Fund to be applied to the redemption of Certificates. B. Application of Proceeds of Condemnation Award. M If any part of a Partlelpant'a Project Is taken by eminent domain proceedings, the Net Proceeds therefrom shall be deposited in such Participant's account In the Insurance znd Condemnation Fund. Within 30 days of such deposit the Participant shall certify to the Trustee (a) as to whether such Project has been taken In Thole or In part pursuan. to such proceedings, (b) as to whether the remaining portion of such Project Is still useful for the purposes originally Intended and (c) as to whether It desires that any available Net Proceeds from such eminent domain proceedings be applied for repair or replacement of the Project and, If so, that sufficient funds, together with such Not Proceeds, have been appropriated to pay the total cost of such repair and replacement. If such certification Is to the effect that such Project has been taken In whole pursuant to such eminent domain proceedings or has been taken In part to such extant that the remaining portion of such Project Is no longer useful for the purposes originally intended. the Trustee shall transfer all of such Net Proceeds to the Redemption Fund to be applied to the redemption of Certificates. If such certification Is to the effect that such Project has been taken in part pursuant to such eminent domeln proceedings and that the remaining portion of such Project is still useful for the purposes originally Intended, the Trustee shall, at the direction of the Pt.rticipant, either (1) transfer such Net Proceeds to the Redemption Fund to be epplied to the redemption of Certificates; or (2) It such certification Is also to the effect that the Participant desires that any available Net Proceeds be applied for repair or replacement of Its Project, and that sufficient funds, together with such Net Proceeds, have been appropriated to pay the total cost of such repair and replacement, disburse such Net Proceeds to the Participant upon receipt of Its requisitions therefor in order for the Participant to cause Its Project to be repaired, replaced or Improved to at least the some good order, repair and condition as it was In prior to the eminent domain proceedings. Insofar as the same may be accomplished with said funds, and transfer any excess Net Proceeds to such Participant's Lease Payment Account to be credited against such Participant's next Lease Payment. (II) The Trustee may obtain, at such Participant's expense, the report of an Independent engineer or other Independent consultant In order to concur with and verify the conclusions of an Authorized Officer stated in any Net Proceeds Certificate submitted to the Trustee, or to make any determination with respect to Exhibit C / (/� Page 7 �r T the application of such Net Proceeds, u ,)on which report the Trustee may ?• exclusively rely. Section 306. Application or Reserve Fund. (a) If on any Due Date there is not on deposit In a Participant's Lease Payment Account an amount equal to the Lease Payment required to be deposited with the Trustee on such Due Date by such Participant, the Trustee shell transfer from such Participant's Reserve Account to such Participant's Lease Payment Account an amount equal to such deficiency In such Participant's Lease Payment Account. Upon receipt of any delinquent Lease Payment with respect to which moneys have previously been paid from a Participant's Reserve Account, such Lease Payment shall be deposited In such Participant's Reserve Account to the extent of such payment. (b) If the moneys on hand in a Participant's Reserve Account and such Participant's Lease Payment Account are equal to all Lease Payments duo by such Participant during the entire remainder of the tern. of the Lease Agreement between the Corporation and such Participant, the Trustee shalt transfer all amounts then on hand in such Participant's Reserve Account to such Participant's Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of such Participant. and such Participant shall be deemed to have paid all Lease Payments due under such Lease Agreement except payments due Trustee for fees and expenses. (c) In the event that Lease Payments of a Participant are to be prepaid In part In order to effect partial redempi:nn of Certificates pursuant to Section 512 of the Trust Terms and Conditions, the amount on hand In such Participant's Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by such Participant under Its Lease Payment schedule, as revised pursuant to Section 512(0 of the Trust Terms and Conditions, 125% of the average annual amount of such Participant's Lease Payments or 10% of the Principal Amount of such Participant's Lease Agreement, whichever Is least (the 'Reduced Reserve Requirement). and the Trustee shall transfer amounts in excess of the Reduced Reserve Requirement to curb Participant's Lease Paymt nt Account to be applied to redamption of the Certificates pursuant to the provisions of Section 512 of the Trust Terms and Conditions. Section 307 Deposit and Investment of Moneys In Funds, Statements. (a) All moneys held by the Trustee In any of the funds or accounts established pursuant hereto shall be deposited in time or demand accounts (including accounts of the Trustee) or certificates of deposits pertaining to said accounts, which accounts shall be fully collateralized at all times ao trust accounts or Invested in Permitted Invenments. having due regard for the safety of such funds and for the date upon which suc: funds will be required for uses and purposes specified in the Trust Agreement, provided, however, that If the Trustee receives, two (2) Business Days prior to an Intended date of Investment of moneys, written Instructions from a Participant for to an Inten of funds or accounts related to Its Project In specified Permitted Investments, the Trustee shall Invest Pursuant to said Instructions, so long as such Instructions are not a Trustee est with the Trustee's fiduciary obligations. The Trustee may rely conGuslvely upon, and shall be fully protected from all liability, if action In conformity with and In good faith as to the Exhibit C (/ / Page 8 // LV r.4 ;f directions of the Corporation or the Participant with respect to Its moneys held by the Trustee, or in the case of no directions from the Corporation or such Participant, any opinion of :ounsel obtained by the Trustee, and upon any advice or analysis of any r independent certified public accountant engaged by It, as to the permissibility of any Investment made pursuant to this Section 307 (b) Unless the provisions of Sections 310 End 311 apply to any Participant. all ,s Interest and Income earned on the Acquisition Accounts shall be retained in the ,'ri)^ Acquisition Accounts until such Accounts are closed pursuant to Section 301(e) hereof Unless the provisions of Sections 310 and 311 apply to any Participant, pdnr to tho y. Completion Date with respect to each Participant's Project. Interest and Income on the Lease Payment Account established for such Participant s hall be depmited in the Acquisition Account established for such Participant. Thereafter, all interest and Income received on investment of such Lease Payment Account shall be applied as a credit y} against the Lease Payments due by such Participant under the Lease Agreement to which it is a party. Unless thb provisions of SeMlons 310 and 311 apply to any X�. Participant, prior to the Completlon Date with respect to each Participant's Project, the t' Trustee shall transfer any moneys on hand In such Participant's Reserve Account In excess of such Participant's Reserve Requirement to such Participant's Acquisition Account. Thereafter, the Trustee shall, transfer any moneyo on hand in a Participant's Reserve Account In excess of such Participant's Reserve Requirement to ouch i Participant's Lease Payment Acr:ount. 9 Following such Completion Date, the Trusteu shall report at least seven (7) Business Days prior to Due Dates the amount of such Interest and Income to such Participant. and the amount of the Lease Payments payable by such Participant on the next following Due Date shall be reduced by an amount equal to said Interest and Income. In the event that such Interest and Income exceeds the Lease Payment due on said Due Date, the amount of such excess shall be applied 06 a credit against the next following Lease Payment. (c) The Trustee may act as principal or agent in making or disposing of any Investment. The Trustee shall not be liable for any loss resulting from any Investment pursuant to this Section, except as specifically provided herein for Its negligence or willful misconduct. 6ee shall ma Participants and to thb Corporal on'I quarterly statements of account to each of the (e) The Trustee may, in Its discretion, and upon the written request of any Participant shall, commingle any of the funds or accounts held by It pursuant hereto relating to such Participant Into a separate fund or funds for Investment purposes only,. provided. however, that all funds or accounts held by the Trustee under the Trust Agreement shall be accounted for separately, notwithstanding such commingling by the Trustee. (f) The funds on depCsit in the Acquisition Accounts shall be Invested In Permitted Investments maturing on or before the earlier of the next occurring Payment Date or the date occurring one hundred eighty (180) days from the purchase of su:h Permitted Investment. Exhibit C t Page 9 Y' (g) The funds on deposit In the Lease Payment Accounts (other than funds on deposit in the Capitalized Interest Subaccounts, which shall be Invested as provided in cubsection (h) below), the insurance and Condemnation Fund and the Redemption Fund shall be Invested only in Permitted Investments rated in the highest category by Moody's Investors Service and Standard & Poor's Corporation which mature not more than one hundred eighty (180) days from their purchase date or the date upon which the moneys so Invested are expected to be needed, whichever Is earlier (h) The funds on deposit In the Capitalized Interest Subaccounts, pending application of such amounts to the payment (if Interest with respect to the Certificates, shall be Invested solely in Federal Securities maturing on or before the earlier of (A) the next occurring Payment Date or (B) the date occurring one hundred eighty (180) days from the purchase of such Federal Securities. W The Trustee shall not be responsible for accounting for, or paying to, any party to this transaction. Including but not limited to the Corporation, the Participants and the Certificate Owners, any return on or benefit from funds hold for payment of unredeemed Certificates or outstanding checks and no calculation of the same shall affect, or result In any offset against, fees done to the Trustee under the Trust Agreement. Section 308. Valuation of Investments. For the purpose of determining the amount In any fund, all Permitted Investments credited to such fund shall be valued at cost. Including commissions and accrued Interest, but excluding Interest accrued after the first interest payment date after their acquisition. Section 309. No Arbitrage. The Partletpants shall not take, not permit nor suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Certificates which It such action had been reasonably expected to have been taken, or had been deliberately and Intentionally taken, on the date of the delivery of the Certificates would have caused any Lease Agreement to be an 'arbitrage bond' within the meaning of section 148(x) of the Code and applicable Regulations. THE FOLLOWING SECTION 310 APPLIES TO THE CITIES OF R/,NCHO CUCAMONGA AND TRACY ONLY Section 3.10. Rebate of Excess Investment Earnings to United States. (a) Creation of Funds. There are hereby created, to be held by the Trustee as separate funds distinct from all other funds and accounts held by the Trustee under this Trust Agreement. for each of the Cities of Tracy and Rancho Cucamonga only, an Earnings Fund and a Rebate Fund. All Interest earnings ano profits on amounts In all funds and accounts established under this Trust Agreement fcr such Participants, other than p) interest earnings and profits on amounts In their respective Lease Payment Accounts (except for amounts referenced In clauses 0) and 00 of the definition of Gross Proceeds) and in any other accounts and funds referenced In subsection (c)(4) of this Section 310 If such Interest earnings and profits In any Rebate Calculation Period are less than $100,000, (III interest earnings and profits on amounts in funds and accounts which do not constitute Gross Proceeds, and 011) Interest earnings and profits on their Exhibit , / 3 Page 10 0 c( Y_ respective Rebate Funds, shall, upon receipt by the Trustee, be deposited In their respective Earnings Funds. In addition, all Interest earnings and profits on Gross Proceeds In funds and accounts hold by such Participants shall, upon receipt, be paid by such Participant to the Trustee for deposit in Its respective Earnings Fund. Annually, within twenty -five (25) days following the last day of each Rebate Calculation Period, the Trustee shall transfer from each Earnings Fund to the applicable Rebate Fund for purposes of ultimate rebate to the United States an amount equal to Excess Investment Earnings relating to the applicable Participant, all as more particularly described In this Section 310. Following the transfer referenced In the preceding sentence, the Trustee shall transfer all amounts remaining in each Earnings Fund to the applicable Acquisition Account or R such account has been dosed pursuant to Section 301(e), to the applicable Lease Payment Account to be used for the payment of Lease Payments relating to such Participant on the next Due Date and, for such purpose, Lease Payments received from such Participant shall be credited by an amount equal to the amount so transferred. (b) Duties of City in General. The Cities of Rancho Cucamonga and Tracy shell calculate Excess Investment Earnings In accordance with subsection (c) and shall assure payment of an amount eoeal to Excess investment Earnings to the United States in accordance with subsections (d) and (e). (c) Calculation of Excess Investment EarnIncls. Within twenty (20) days following the last day of the first Rebate Calculation Period, the Cities of Rancho Cucamonga and Tracy shall each calculate, or shall cause to be calculated, and shall provide written notice to the Trustee of, the Excess Investment Earnings referenced In paragraph m of the definition of Excess Investment Earnings applicable to such Participant. Thereafter, within twenty (20) days following the last day of each Rebate Calculation Period and within fifty (50) days following the date of the payment of Lease Payments and Certificates In full relating to such Participants, each such Participants shall calculate, or shall cause to be calculated, and shall provide written notice to the Trustee of, the amount of Excess Investment Earnings applicable to such Participant. Said calculations shall be made or caused to be made by each such Participant In accordance with the following, (1) Except es provided in (2), In determining the amount described In paragraph OXA) of the definition of Excess Investment Earnings, the aggregate amount earned on Nonpurpose Investments shill Include (1) all Income realized under federal Income tax accounting principles (whether or not the person earning such Income Is subject to federal Income tax) with respect to such Nonpurpose Investments and with respect to the reinvestment of Investment receipts from such Nonpurpose Investments (without regard to the transaction costs Incurred In acquiring, carrying, selling or redeeming such Nonpurpose Investments), including, but not limited to, gain or loss realized on the disposition of such Nonpurpose Investments (without regard to when such gains are taken Into account under section 453 of the Code relating to taxable year of Inclusion of gross Income), and Income under section 1272 of the Code (relating to original Issue discount) and 01) any unrealized gain or loss as of the date of payment of Lease Payments and Certificates In full relating to such Participant In the event that any Nonpurpose Investment is retained after such data. Exhibit 1 � qY Page 11 / T (2) In determining the amount described In paragraph (q of the definition of Excess Investment Earnings. Investment Property shall be treated as acquired for Its fair market value at the time It becomes a Nonpurpose investment, so that gain or less on the disposition of such Investment Property shall be computed with reference to such lair market value as Its adjusted basis. (3) In determining the amount described in paragraph PO of the definition of Excess Investment Earnings, all Income attributable to the excess described In paragraph m of said definition shall be taken Into account, whotner or not that Income exceeds the Yield of a Lease Agreement, and no amount may be treated as 'negative arbitrage'. (4) In determining the amount of Excess Investment Earnings for each such Participant, there shall he excluded any amount earned on any fund or account which is used primarily to achieve a proper matching of revenues and payments with respect to the Certificates applicable to such Participant within each Rebate Calculation Period and which is depleted at least once a year except for e reasonable carryover amount not In excess of the greater of one year's earnings on such fund or accou.tt or one - twelfth of annual Lease Payments applicable to such Participant, as well as amounts earned on sold earnings, If the gross earnings on all such funds and accounts for the Rebate Calculation Period Is less than $100,000. (d) Payment to the United States. Each such Participant shall direct the Trustee to pay from its respective Rebate Fund an amount equal to Excess Investment Earnings to the United States in Installments with the first payment to be made not later then thirty (30) days after the end of the fifth (51h) Rebate Calculation Period and with subsequent payments to be made not later then five (5) years after the preceding payment was due. Each sucn Participant shall assure that each such Inst9ilment is In an amount equal to at least ninety percent (90 %) of the Excess Investment Earnings applicable to It as of the end of the Rebate Calculation Period immediately preceding the date of such payment. Not later than sixty (60) days after the date of payment of Lease Payments and Certificates In full relating to each such Participant, such Participant shall direct the Trustee to pay from Its Rebate Fund to the United States one hundred percent (100 %) of the theretofore unpaid Excess Investment Earnings relating to it. In the event that there are any amounts remaining in a Rebate Fund following the payment required by the preceding sentence, the Trustee shall nay said amounts to the applicable Participant to be used for any lawful purpose of si.ch Participant. Each such Participant City shall direct the Trustee to remit payments to the United States at the address prescribed by the applicable Regulations as the same may be from time to time in effect with such reports and statements as may to prescribed by such Regulations. In the event that, for any reason, amounts In a Rebate Fund are Insufficient to make the payments to the United States which are required by this subsection (d), the applicable Participant shall assure that such payments are made by the applicable Participant to the United States, On a timely basis, from any funds lawfully available therefor (e) Further Obliaatlon of such Particloants and Trustee. The Cities of Rancho Cucamonga entl Tracy and the Trustee shall assure that Excess Investmem Earnings are not paid or disbursed except as required In this Section 310. To that end, such 'articrpants and the Trustee shall assure that Investment transactions are on an arm's Exhibit C / . �J Page 14 Y 6 length basis and that Nonpu"rpose Investments are acquired at their fair market value. In, the event that Nonpur{iose'Investments consist of certificates of deposit or investment contracts, Investment in such Nonpurpose Investments shell be made In accordance with. the procedures described In applicable Regulations as from time to thne In effect. (g Maintenance of Racordn. The Cities of Rancho Cucamonga and Tracy and the Trustee shall keep, and retain fore period of six (6) years following the payment of Lease Payments and Certificates in full applicable to such Participants. records of the determinations m2de pursuant to this Section 310. (g) Independent Consultants. in order to provide for the administration of this Section, the Cities of Rancho Cucam rgs and Tract' and the Trustee may provide for the employment of independent attomays, accountants and consultants compensated on such reasonable basis as such Participants or the Trustee may deem appropriate. (h) Trustee Mevely _R. The Trustee may rely conclusive] rely upon the calculations and computations of the Participants and shall have no responsibility la Independently verify or review the City of Rancho Cucamonga's a• the City of Tracy's calcu!ations or computations. T f� 4- Exhibit J � Page 13 3 (� ARTICLE IV THE TRUSTEE Section 401 Trustee: Duties Removal and Resignation. By executing and delivering the Trust Agreement, the Trustee accepts the duties and obligations of the Trustee provided In the Trust Agreement, but only upon the terms and conditions set forth In the Trust Agreement. The Corporation or the Participants, so long as they are not In default under their Lease Agreements, or the Owners of a majority in aggregate principal amount of all Certificates Outstanding may, by w.ttten request, remove the Trustee initially a party hereto, and any successor thereto, and In such event, or in the event the Trustee resigns, the Corporation shall appoint a successor Trustee, but any such successor shall be a bank or trust company or national banking association In good standing within or without the State of California. having trust powers and a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars (550,000,000) and subject to supervision or examination by federal or state authority. If such national banking association, bank or trust company publishes a report of condition at least annually, pursuant to taw or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such bank or trust company shall be doomed to be Its combined capital and surplus as set forth In Its most recent report of conditions so published. The Trustee may at any time resign by giving sixty (60) days' written notice to the Corporation and the Participants ead by giving to the Certificate Owners notice by mailing a notice of such resigrietron to their addresses apse.: rig in t`. .rl I* lea c rinister Upon receiving any such notice of resignation, the Ccrpurztkn shat or,rk r appoint a successor Trustee by an instrument In writing: pro, 'ad, haxevsr trR „ th; event that the .O,poration does not npoo'nr a sl'CCPSSei rust.li who rrv4 heir acr�:rd !is appolnlrent wlthh, t`hy faCr Ltyu fellow:ng rece+d' ♦' rtrcir notice of resigretlon, the resigning TrL4tee ruy -letition an appropriate court havLig fur's ictior to appoint a successor Trustee. Any risloaticii or removal of the "ruutea shrill no: be-, :Y,2 effective until written acceptance of appointment by the successor Truster, uh.1r :ca Trust Agreement. Any Trustee which shall resign or be removed pursuant to this Section shall be entitled to compensation In accordance with Section 402 and to reimburpwrient for reasonable and proper expenses and advances Incurred and not previously reimbursed for its activities In connection with the Trust Agreement and the Lease Agreements and for any indemnification due pursuant to Section 609 of the Trust Terms and Conditions and not previously paid. Any Trustee which rusigns or is removed, upon payment of Its unpaid compensation and expenses hereunder, shall filly discharge +II the right, title and Interest of the retiring Trustee and the Trust Estate shall vest In said successor Trustee, and such retiring Trustee shall promptly pay over, assign and deliver to the successor Trustee any money or other property constituting part of the Trust Estate then held by such Trustee, and deliver any and all records, or copies thereof, in respect of the Trust Estate which it may have. Exhibit C / y /% Page 14 Y' Section 402. _Compensation of the Trustee. The Participants or the Corporation shall from time to tlme, on demand, pay to the Trustee, or the Corporation shall cause tho Participants to pay pursuant to their respective Lcase Agreements, reasnnable compensation for the Trustee's services and shall reimburse the Trustee for all Its advances and expenditures, Including but not limited to advances to and fees and expenses of Independent appraisers, accountants, consultants, counsel, agents and attorneys -at -law or other experts employed by It In the exercise and performance of Its + powers be paid by the Participants orthe Corporation. a Trustee right of compensation he utorr shall oc, No 7 each periodic payment representing Its ordinary compensation Qn the form of Its normal , administration fee) for Its services rendered under the Trust Agreement shall he subordinate to the rights of the Cortlgcate Owners to receive scheduled payments of principal and Interest Win respect to their Certificates: provided, that, as provided below. In the event of a default by a Participant, or any other action requiring extraordinary action by the Trustee, the Trustee's Ilen and right to receive compensation + for services so rendered or reimbursement for Its costs shall not be subordinated to the rights of the Certificate Owners to receive payments of principal and Interest with respect to their Certificates, and the Trustee may pay such compensation and /or reimbursement from any account or fund. Section 403. Protection to Trustee. The Trustee shall be protected In acting upon any notice, resolution, :onsent, order, Requisition, certificate, report, certificate or other paper or document reasonably believed by It to be genuine and to have been signed or presented by the proper party or parties. The Trustee, In Its discretion, may consult with counsel, who may be counsel to the Participants or the Corporation, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by It under the Trust Agreement In good faith in accordance therewith. Whenever In the edministration of Its duties under the Trust Agreement, the Trustee shall deem it necesszry or desirable that a matter be proved or established prior to taking or suffering any action under the Trust Agreement, such matter (unless other evidence In respect thereof be specifically prescribed in the Trust Agreement) may, In the absence of bad faith on the part of the Trustee, be deemed to t•e conclusively proved and established by the certificate of an Authorized Clgcer of the Corporation or a Participant and such certificate shall be full warranty to the Trustee for any action taken or suffered under the provisions of the Trust Agreement upon the faith thereof, but In Its. discreti3n the Trustee may, in lieu thereof (but shall not be obligated to), accept other evidence of such matter The Trustee may In good faith buy, sol', own, hold and deal In any of the Certificates Issued pursuant to the Trust Agreement, and may Join in any action which any Owner may bs entitled to take with like effect as If the Trustee were not a party to the Trust Agreement. The Trustee, either as principal or agent, may also engage In or be interested in any Manual or other transaction with the Corporation or the Participants. and may act as depository, trustee. or agent far any committee or body of Owners of Certificates or other obligations of the Participants as freely as If It were not Trustee under the Trust Agreement. Exhibit C /* o p Page 15 7 0 1; f; Y S. The recitals, statements and representations in the Trust Agreement or In the Certhcates contained, save only the Trustee's execution of the Certificates, shall be taken and construed as made by and on the part of the Participants, and not by the Trustee, and the Trustee does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof. The Trustee expresses no opinion and shell not be held liable for any information contained In the official statement prepared with respect to the Certificates except for Information provldnd by, or which may have been provided by, the Trustee. The Trustee may execute any Of the trusts or powers hereof and perform the duties required of it under the Trust Agreement by or through attorneys, agents, or receivers, and shall be emitted to advice of counsel concerning all matters of trust and Its duty under the Trust Agreement, and the Trustee shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by It with reasonable care. The Trustee shall be reimbursed by the Participants for expenses Incurred In hiring attorneys, agents or receivers in connection with the performance of Its obligations under the Trust Agreement. The Trustee, prior to the occurrence of an event of default and after the curing of all events of default which may have occurred, undertakes to perform such duties and only such duties as are specificslly set forth in this Agreement. In case an event of default has occurred (which has not been cured or waived) the Trustee shall exercise such of the rights and powers vested In it by this Agreement, and use the same degree of care and skill In theft exercise as a prudent person would exercise or use under time circumstances in the conduct of his or her own affairs. Any permissive right of the Trustee to do things enumerated in this Agreement shall not be construed as a duty. the Trustee shall not have any duty or obligation to manage, control, use, sell, dispose o1, re- lease, dismantle, store, transport or otherwise deal with any Project or any component part thereof or any other part of the Trust Estate, or otherwise to take or refrain from taking any action under or in connection with the Trust Agreement, the Lease Agreements ar any other document contemplated thereby except as expressly required by the terms of the Trust Agreement, the Lease Agreements or any other agreement contemplated thereby. The Trustee shall not be liable in Its Individual capacity with respect to any action taken or omitted to be taken by the Trustee in good faith in accordance with the written - - request of Owners of a majority In Interest of the Certificates. No provision in the Trust Agreement or In the Lease Agreements or any other wrmthig thereunder shall require the Trustee In Its Individual capacity to expend or risk funds or otherwise Incur any financial liability In the performance of Its or the Trustee's rights or powers under the Trust Agreement. Under no circumstances shall the Trustee be liable In Its Individual capacity for the obligations evidenced by the Certificates. The Tmstee shall have no obligation or responsibility for providing Information to the Owners of the Certificates concerning the Investment character of the Certificates, for the sufficiency of any Lease Payments or other moneys required to be paid to It under Exhibit Page 16 6 the Lease Agreements or for the actions or reoresentatlons of any other party to the Trust Agreement. The Trustee shall have no obligation or liability to any of the other parties or the Owners of the Certificates with respect to the Trust Agreement for the failure or refusal of any other party to perform any covenant or agreement made by any of them under the Trust Agreement or the Lease Agreements but shall be re3ponsible solely for the performance of the duties expressly Imposed upon It under the Trust Agreement. The Trustee shell have no duty to see to the payment or discharge of any tax, assessment or other govemmental charge or any lien of any kind owing with respect to, assessed or levied against, any part of the Trust Estate. Before taking any action hereunder the Trustee may require that a satisfactory Indemnity bond or other indemnity satisfactory to the Trustee be fumished for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which Is adjudicated to have resulted from Its negligence or willful misconduct. The Trustee shall not be deemed to have knowledge of any Event of Default hereunder or under the Lease Agreements unless a of until It shall have actual knowledge thereof or shall have received written notice then of at Its Principal Office. Except as otherwise expressly provided herein, the Truste shall not be bound to ascertain or Inquire as to the performance or observance of t ty of the terms, conditions. covenants or agreements therein or of any of the docu ,ents executed In connection with the Certificate3 or as to the existence of an Event of Default hereunder or under the Lease Agreements. Section 414. Disclaimers of Trustee. Th f rrustee will not be required to make any Inspection of any Project or any component rcrt thereof, and the Trusted has made, makes and shall be deemrrd to have made, :o representation or warranty whatsoever, express or implied. as to the fitly, value, .Ompliance with specifications or with legal requirements. condition, merchantaL'ilty, .,esign, quality, durability, operaticn or fitness for use or purpose of the project ; any component part thereof, or any other representation or warranty whatsoever, express or Implied, with respect to any Project or otherwise. It being expressly understood that the Lease Agreements provide that all risks Incident thereto are to be borne by the Participants and the Corporation. Section 40.5. Acting Solely as Trustee. In accopt;ng the trusts created by the Trust Agreement, the Trustee acts solely as r••istee for the benefit of the Certificate Owners (including the original purchaser) and not Its Individual capacity, and all persons, including, without limitation, the Corporation and the Participants, having any claim against the Trustee by reason of the transactions contemplated hereby shall look only to the Trust Estate for the payment or satisfaction thereof except as otherwise provided herein. Section 406. Payments from Trust Estate Only. All payments to be made by the Trustee under and pursuant to the Trust Agreement shall be made only from the corpus, Income and proceeds of the Trust Estate and only to the extent that the Trustee shall Exhibit Pogo 17 (P 4 have received sufficient contribution, Income and proceeds In accordance with the terms of the Trust Agreement. ° Section 407 Merger or Consolidation. Any company Into which the Trustee'may be merged or converted or with which It may be consolidated or any company resulting ' from any merger, conversion'orconsolidatlon to which It'shell be a party or any'company to which the Tn.-stee may sell_ or transfer all or substantially all of its corporate trust business, provided that such.company shelf be etigib:e under Section 401 of the Trust Terms and Conditions, shall be the successor to the Trustee without the execution or filing of any paper or further act. anything herein to the contrary notwithstanding. Section 408. Survival of Rights. The Trustee's rights to Immunitles aq9 protection from liability hereunder and Its rights to payment of Its fees and expenses shall survive Its resignation or removal and final payment or defeasance of the Certificates. Section 400. Indemnification of Trustee Extended to Officers..'M indemnifications and releases from liability granted herein to the Trustee shall extent to the directors, officers, employees and agents of the Trustee. Exhibit C Page 18 f° '� ARTICLE. V TERMS AND PROVISIONS OF THE CERTIFICATES Section 501 Mediuvi of Payment: Form, The Certificates wilt be executed and delivered in fully registered form without coupons, In the denomination of $5,0D0 each or any Integral multiple thereof. The Certificates shall be In substantially the form set forth In Exhibit B to the Trust Agreement. Subsequent to a mandatory redemption pursuant to Section 512 of the Trust Terms and Conditions affecting ell or a portion of the Certificates, the Owner of any Certificate which has been redeemad In part may be Issued one or note Certificate not evenly divisible by $5,000 (an *Irregular Denominationj. Principal and premium, if any, with respect to the Certificates will be payable at the Principal Office of the Trustee. Interest paid with respect to the fully registered Certificates shall be paid on Payment Dates of each year, commencing cn the first Payment Date to and Including the date of principal payment or redemption, whichever is earlier, by check or draft of the Trustee mailed to the registered Owners of the Certificates at the address shown on the Certificate registration booPs maintained by the Trustee for such purposes as of the Record Date (or at such other address as the Owner m"*, '„,ve files with the Trustee for that purpose). Upon the request of an Owner of at least $1.000,000 in principal amount of the Certificates, payment thereof shall be made by wire transfer in Immediate funds to an account designated by such Owner. Interest with respect to each Certificate shall be payable from the Payment Date next preceding the date of execution thereof, unless (1) such Certificate Is executed as of a Payment Date, in which event interest with respect thereto shall be payable from such Payment Date, or 81) such Certificate is executed prior to the close of business on March 15, 1989, In which event Interest with respect thereto shall be payable from October 1, 1989, o1 (111) such Certificate Is executed dudng the period between a Record Date and a Payment Date In which event the Owner shall receive interest 1rc.n such Payment Date: provided, however, that 11, at the time of execution of eny Certificate, Interest Is in default thereon. Interest with respect to such Certificate shall be payable from the Payment Date to which Interest has previously been paid or made available for payment. Both the principal of and Interest on the Certificates shall be payable in lawful money of the United States of America. Interest on the Certificates shall be calculated on the basis of a 360 -day year of twelve 30 -day months. Section 502. Legends, The Certificates may contain or have endorsed thereon such provisions, specifications and descriptive words not inconsistent with the provisions hereof as may be necessary or desirable to comply with custom, or otherwise, as may be determined by the Trustee prior to the delivery ther,41. Exhibit C / C Page 19 r0 J Section 03. Execution. The Certificates shall be executed In the name of, and •. the Trustee try the manual signature of an authorized slgnstory of the Trustee. Section 5D4. Negotlabllity, Transfer and Registry. All the Certificates executed and cell"red pursuant to the Trust Agreement shall be negotiable as provided by law subject to the provisions for registration and transfer contained in this Article and in the Certificates. Section 5D5. Transfer of Certificates. (a) Each Certificate shall be transferable only upon a register of the names of each certificate owner (the 'Certificate Register *j, which ahall be kept for that purpose at I` the Principal Office of the Trustee, by the Owner thereof In poison or by his attorney duly ' authorized In writing, upon surrender thereof together with a written Instrument of transfer satisfactory to the Trustee duty executed by the Owner or his duly authorized attorney. Upon the transfer of any such Certificate. the Trustee shall provide In the name of the transferee, a new Certificate or uerti icates, of the same aggregate principal amount and maturity as the surrendered Certificates (unless there has occurred a partial redemption Of such Certificate pursuant to Section 512 of the Trust Terms and Conditions, in which case the principal amount of the new Certificate shall be equal to toll unredeemed principal portion of the Certificate submitted for transfer). (b) The Trustee shall deem and treat the person in whose name any Outstanding Certificate shall be registered upon the Certificate Register as the absolute owner of such Certificate• whether such Certificate shall be overdue or not, for the purpose of receiving payment of• cr on account of, the principal of and Interest on such Certificate and for all other purposes, and all such payments so made to any such Owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so p3ld• and neither the Participants nor the Trustee shall be affected by any notice to the contrary. The Participants agree to Indemnify and save the Trustee harmless from and against any and alt loss, cost• charge, expense, judgment or liability Incurred by it. acting In good faith and without gross negligence or wi!lrui misconduct under the Trust Agreement, In so treating such Owner. Section 506. Regulation with Respect to Exchange and Transfers. In all cases In which the privilege o1 exchanging or trans /erring Certificates is exercised, the Trustee shall execute and deliver Certificates in accordance with the provisions of this Article. All Certificates surrendered in any such exchanges or transfers shall forthwith be cancelled by the Trustee. For every such exchange or transfer of Certificates, whether temporary or definitive. the Participants and the Trustee may make a charge sufficient to reimburse any of them for any tax• fee or other governmental charge, other than one Imposed by the Participants, required to be paid with respect to such exchange or transfer• which sum or sums shall be paid by the person requesting such exchange or transfer as a condition p.ecedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision hereof, the cost of preparing eacn new Certificate and any other expenses of the Participants or the Trustee Incurred In connection therewith (except arty applicable tax, fee or other governmental charge other than one Imposed by the Participants) shall be paid by the Participants. The Trustee shall not be obliged to effect any exchange or transfer of any Certificate during the period after the mailing of notice calling such Certificate or a portion thereof for Exhibit C / 2 Page 20 (/ S2 redemption, nor during the fifteen days preceding the giving Of such notice of redemption. Section 507 Certificate Pertister. The Trustee shall keep or cause to be kept at i Its Principal Office a Certficato Register, which shall at all reasonable times upon reasonable notice be open to Inspection by thu Participants and the Corporation: and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations ,S consistent herewith as it may prescribe, register or transfer or cause to be registered or transferred, an the Certificate Register, Certificates as herein before pro-•'ded. �r Section 5W. Temporary Certificates. Pending preparation of the definitive delivered eIn temporary fa=rm under Certificates when ready eadyi for delivery. The temporary Certificates may be printed. Ilthogmphed or typewritten, shall be ' of such denominations as may be determined by the Corporation, shall be without coupons and may contain such reference to any of the provisiors hereof as mey be appropriate. Every temporary Certificate shall be executed by the Trustee and be `. delivered by the Trustee upon the same conditions and In substantially the some manner as definitive Certificates. If the Trustee dellvers temporary Certificates. It shall execute famish Certilcatesshall definitive bei Certificates without surrendered for cncel.'ationlat the Principal Office tOf the Trustee and the Trustee shall deliver In exchange for such temporary Certificates an equal aggregate principal amount of definitive Certificates of authorized denominations of the same Interest rate or rates and maturity or maturities. Until so exchanged, the temporary Certificates shall be entitled to the same benefits under the Trust Agreement as definitive Certificates delivered pursuant hereto. Sec -lon 509. Certificates Mutilated Lost. Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owncr of said Certificate, shall execute and deliver a new Certificate of like tenor and number In exchange and substitution for the Certificate sa mutilatod, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by It and redelivered to, or upon the order of, the Corporation. If any Certificate shall be lost, destroyed or stclen, evidence of such loss, destruction or theft shall be submitted to the Trustee, and, If surh evidence Is satisfactory to the Trustee and. If an Indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Cert!flcate C,vner, shall execute and deliver, a new Certificate of like tenor and numbered as the Trustee shall determine In lieu of and in substitution for the Certificate so lost. Destroyed or stolen. The Trustee may require payment of a reasonable fee for each new Certificate delivered under this Section and of the reasonable experses which may be incurred by the Trustee In carrying out the duties under this Section 509. Any Certificate issued under the provisions of this Section in lieu of any Certificate alleged to be lost, destroyed or stolen shall be equally and proportionately 6Mltled to the benefits hereof with all other Certificates secured by the Trust Agreement. The Trustee shall not be required to treat both the original Certificate and any duplicate Certificate as being Outstanding for the purpose of determining the Principe: amoun^. of Certificates which nay be Issued under the Trust Agreement or for the purpose of determining any percentage of Certificates Outstanding under the Trust Agreement, but both the original and duplicate Certificate shall be treated as one and the name. Notwithstanding any other provision of this Section 509, In lieu of delivering a new Certificate for 3 Certificate Exhibit Page 21 1 (J . ♦ V 1 which has been mutilated, lost, destroyed or stolen and which has matured, th •, may make payment of such Certificate. e Trustee Section 510. Place of Payment. The TCgtae Is hereby appointed as paying agent for the Certificates. The Principal of the Certifieto9 shall be payable at the Principal Office of the Trustee. Interest with respect to the Certificates shall be payable on the Payment Date by check or draft of the Trustee mailed to the Ownar of record on the Record Date therefor of such Certificates at the address shown on the Certificate Regis19r, or at such other address as the Owner may have filed with the Trustee. Upon the request an Owner of at least 51.000.900 In principal amount of the Certificates, thereof shall be made by wire transfer in Immediate funds to an account designated by such Owner Section 511 Evidence 27 Slanarures of Certificate Owners and Ownership of r Certificates. Any request, alractlon, consent. revocation of consent, or other Instrument In writing required or oernitted by the Trust Agreement to be signed or executed by Certificate Owners may be in any number of concurrent Instruments Of similar tenor, and may be signed or executes by such Certificate Owners In person or by their attorneys or agents appointed by an Instrument In writing for that purpose. Proof of the execution of any such Instrument, or of any Instrument appointing any such attorney or agent, and of the holding and ownership of Certificates shall be sufficient for any purpose hereof (except as otherwise herein provided), If made In the following manner The fact and date of the execution by any Certificate Owner or his attorney or agent of any such Instrument and of any Instrument appointing any such attorney or an officer aofbanyrbank or trust company located with within he United States OfrAmerica, or of any notary public, or other officer authorized to take acknowledgments of deeds to be recorded In such jurisdictions that the persons signing such Instruments acknowledged before him the execution thereof. Where any such Instrument is executea by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such ceKiOCato shall also constitute sufficient proof of his authority. Nothing contained In this Article shall be construed as limiting the Trustee to such proof, it being Intended that the Trustee may accept any other evidence of the matters herein stated whl ^h to the Trustee may seem sufficient. Any request or consent of the Owner of any Certificate shall bind every future Owner of the same Certificate In respect of anything done or suffered to be done by the Corporation or the Trustee in pursuance of such request or consent. Section 512 Reaemotinn. (a) Oan.ege or Oes!ructlon• Insurance Proceeds. The Certificates are subject to redemption In whole or In part, without premium, at the prindpal amount to be redeemed, plus accrued Interest to the date of redemption. In the event the Trustee receives Net Proceeds of any Insurance award resulting from damage or destruction to all or a portion of a Participant's Project, and such Participant certifies to the Trustee that repair, replacement or improvement of all or specified components of the damaged or destroyed part of such Project is not economically feasible or In the best Interest of Exhibit C Page 22 `P Such Participant. In such event, such Net Proceeds related to such specified components will be used to redeem within 30 days after receipt of such Certificate, all or part of that portion of the Certificates representing Interests In such Participant's Lease Payments, equal to the amount of such Net Proceeds related to such specified components (or in the case of a redemption of all of that portion of the Certificates representing interests In such Participant's Lease Payments, equal to the remaining unpaid principal amount of such Participant's Lease Payments). Notwithstanding the foregoing, such Participant may not certify to the Trustee that Its Project has been damaged or destroyed In whole and that repair, replacement and Improvement of all of Its Project Is not economically feasible or in the best Interest of such Participant and no Certificates will be redeemed, unless such Net Proceeds. together with funds then on hand In such Oarticipant's Acquisition Account, Lease Payment Account end Reserve Account and any additional funds voluntarily contributed by the Participant for such purpose are sufficient to redeem all of that portion of the Certificates representing Interests in such Participant's Lease Payments. (b) Eminent Domain: Condemnation Award. The Certificates ere also suhject to redemption In whole or in part, without premi— et the principal amount to be redeemed, together with accrued Interest to the date fixed for redemption. in the event the Trustee receives Net Proceeds from any eminent domain proceedings relating to all or a portion of a Participant's Project, such Net Proceeds to be used in such event to redeem, within 30 days after receipt of the Participant's certificate described below, all or part of the' portion of the Certificates representing Interests in such Participant's Lease Payments (unless otherwise used to repair or replace such Project In the manner described In Section 305(8)(1) of these Trust Terms and Conditions). In the event such Participant certifies to the Trustee that Its Project has been taken In part pursuant to such eminent domain proceedings and that the remaining portion of Its Project is still useful for the purposes origlnaily Intended. the Net Proceeds from such eminent domain proceedings (except to the extent that such proceeds are used to repair or replace such Project pursuant to Section 305(B)0) of the Trust Terms and Conditions) will be used to redeem that portion of the Certificates representing Interests In such Participant's Lease Paymente. In an amount equal to the amount of such Net Proceeds. In such event, such Participant's Lease Payment obligations will be proportionately abated under its Lease Agreement. and the resulting Lease Payments will be sufficient to pay all of that portion of principal and Interest on the remaining Outstanding Certificates which represent Interests In such Participant's Lease Payments. In the event such Participant certifies to the Trustee that Its Project has been taken In whole pursuant to such eminent domain- proceedings or has been taken in part to such extent that the remaining portion of such Project Is no longer useful for the purposes originally Intended, all Net Proceeds, together with funds then on hand In such Participant's Acquisition Account, Lease Payment Account and Reserve Account, shall be applied to the redemption of the Certificates which represent Interests In such Participant's Lease Payments and the remaining Leass Payment obligations of such Participant will be abated in full under its Lease Agreement. It such amounts, together with any funds voluntarily contributed by the Participant for such purpose, are not suffi"nt to pay the entire redemption price of that portion of the Certificates to be redeemed, then the amounts available for such purpose shall be applied first to the payment of Interest and then to the payment of principal pro rata among the Certificates, all or a portion of which are being redeemed. Exhibit C / Page 23 1/ S� .1 (c) Optional Redemption. The Certificates are subject to optional redemption prior to maturity on the dates and at the redemption prices speciiod In Section 3.4 of the Trust Agreement. (d) Mandatory Redemption. The Certificates are subject to mandatory redemption prior to maturity on the dates and at the redemption prices specified In Section 3.6 of the Trust Agreement. (e) Amount Paid to Certificate Owners. In the event that part, but not all, of that portion of the Certificates representing Interests In a Participant's Lease Payments Is to be redeemed, the Certificates to be redeemed shall be selected by the Trustee in the following manner- the Trustee shall identify those Certificates which represent Interests in the Lease Payments of the Participant causing such redemption, and shall select from such Certificates particular Certificates to be redeemed in the Inverse order of their maturity (except as provided In subsection (b) above). Whera less than all of the Certificates of a maturity are to be redeemed, such Certificates of such maturity shall be redeemed pro rate. For the purpose cf the selection de^,crlbed in this paragraph, all Certificates registered In the name of the same Owner shall be aggregated and treated as a single Certificate held by such Owner Notwithstanding any of the foregoing, In any such partial redemption the Trustee shall, according to such method as It shall deem proper In Its discretion, make such adjustments by Increasing or decreasing by not more than $5,000 the amount which would be allocable to any one or more Certificate Owner, as may be necessary to the and that the principal amount allocable to one such Owner shall be an Irregular Denomination. No Certificate selected for redemption as described above shall be redeemed in a principal amount which exceeds that portion of the principal amount of such Certificate representing Interests In the Lease Payments of the Participant causing such redemptior. (0 Revisea Lease Payment Schedule. Upon redemption in part, the Trustee shall provide, or cause to be provided, to the Participant causing such redemption, a revised schedule of Lease Payments, which Schedule shall take Into account such redemption and snail be and become for all purposes thereafter Exhibit B to such Lease Agreement. Section 513. Redemption Fund. Moneys to be used for redemption of Certificates shall be deposited to a Redemption Fund, which shall be a special fund to be held In trust by the Trustee, separate and apart from all other funds and accounts. Said moneys shall be set aside In the Redemption Fund solely for the purpose of redeeming the Certificates In advance of their maturity and shall be applied on or after the date designated for redemption to the payment of principal and Interest with respect to the Certificates to be redeemed upon presentation and surrender of such Certificates. Section 514. Notice of Redemption. (a) Official Notice. Unless waived by any Owner of Certificates to be redeemed, official notice of any such redemption shall be given by the Trustee on behalf of the affected Participant by mailing a copy of an official redemption notice by registered or certified mall at least 30 days and not snore than 60 days prior to the date fixed for redemption to the Owner of the Certificate or Certificates to be redeemed at the address shown on the Certificate Register or at such other address as Is furnished In writing by such Owner to the Trustee. Exhibit C / -7 Page 24 4P,5-7 °r All official notices of redemption shall be dated and shall state: (p the redemption date, gp the redemption price, gip It less than alt Outstanding Certificates are to be redeemed, the Identification (and, In the case of partial redemption, the respective Y principal amounts) of the Certificates to be redeemed, 0v) that on the redemption date the redemption price will become due and payable upon each such Certificate or portion ., thereof called for redemption, and that Interest thereon shall cease to accrue Irom and k after said date, and (v) the place where such Certificates are to be surrendered for payment of the redemption price, which place of payment shall be the Pincloal Office of the Trustee r Prior to any redemption date, the affected Participant shall deposit, or cause to be deposited, with the Trustee an amount of money sufficient to pay the redemption Price of all the Certificates or portions of Certificates which are to be redeemed on that date. Official notice of redemption having been given as aforesaid, the Certificates or Portions of Certificates so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the affected Participant shall default In the payment of the redemption price) Interest with respect to such Certificates or pon rs of Certificates shall cease to payable. Upon surrender of such Certificates for redemption in accordance with said notice, Certificates shell paid r Trustee brI stalle is of Interest due nor prior he redemption date shall be payable as herein providea Certificate, for here shall be prepared for the Owner da nov Certificate or Certificates of the same maturity In the amount of the unpaid principal. All Certificates which have been redeemed shall be cancelled and destroyed by the Trustee and shall not be reissued. (b) Further Notice. In addition to the foregoing notice, further notice shall be given by the Trustee as set out below, but no defect In said further notice nor any failure to give all or any portion of s-ich further notice shall In any manner defeat the effectiveness Of a call for redemption If notice thereof is given as prescribed in subsection ta) above. M Each further notice of redemption given hereunder shall contain the Information required above for an official notice of redemption plus (A) the CUSIP numbers of all Certificates being redeemed; (B) the original date of executlon and delivery of the Certificates; (C) the rate of Interest payable with respect to each Certificate being redeemed; (D) the maturity date of each ;,ewficate being redeemed; and (E7 any other descriptive information needed to Identify accurately the Certificates being redeemed. (Ip Each further notice of redemption shall be sent, at least 35 days before the redemption date, by telecopy, registered, certified or overnight mall to all Securities Depositories and to one or more Information Service. l l be published time nt rvor, If such Publication Is Impractical or elytoreach asubstaial number the Owners. in some other financial newspaper or Journal wh.ch regularly carries notices of redemption of other obligations similar to the Certificates, such publication to be made at least 30 days prior to the date fixed for redemption. Exhibit C 4 Sg Page 25 Vv) Upon the payment of the redemption price of Certificates being redeemed, each checV.. or other transfer of fonds issued for such purpose shall bear the CUSIP number identifAng, by issue and maturity, the Certificates being redeemed with the proceeds of such check or other transfer Notice of redemption of Certificates shall be given by the Trustee, at the expense of the effected Participant. Section 515. Payment of Certificates for Redemption. Notice having been given as aforesaid, and the moneys for the redemption, Including Interest to the applicable redemption date, having been set aside In the Redemption Fund, the portion of Certificates to be redeemed shall become due and payable on said redemption date, end, upon presentation and surrender thereof at the office or offices specified In said notice, said Certificates shall be paid at the unpaid principal amount and premium. If any, with respect thereto, plus any unpaid and accrued interest to said redemption date. IL on said redemption date, moneys for the redemption of all the Certificates to be redeemed, together with Interest to said redemption date, shall be held by the Trustee so as to be available therefor on such redemption date, and, It notice of redemption thereof shall have been given as aforesaid, then, from and after said redemption date, Interest with respect to the portion of Certificates to be redeemed shall cease to accrue and become payable. If said moneys shelf not be so available on sold redemption date, Interest with respect to such portion of Certificates shall continue to be payable until paid at the same rates as they would have been payable had they not been called for redemption. All moneys held by or on behalf of the Trustee for the redemption of particular Certificates shall be held in trust for the account of the Owners of the Certificates so to be redeemed for six years. Subject to any applicable escheat laws, after six years, the Trustee will pay over to such Participant the unclaimed money In the same proportion that the Principal Amount of such Participant's Lease Agreement bears to the principal smount of Certificates originally Issued for the years to which such money applies. If any. The Certificate Owner shall then took only to the Participants for payment. Section 516. Partial Redemption of Certlficate. Upon surrender of any Certificate redeemed in part only, the Trustee shall execute, and deliver to the Owner thereof, at the expense of the Participant causing such redemption, a new Certificate or Certificates (one of which may be in an Irregular Denomination) In an amount equal In aggregate principal amount to the unredeemed portion of the Certificate surrendered and of the same Interest rate and the same principal Payment Date. Such partial redemption shall be valid upon payment of the amount thereby required to be paid to sucn Owner, and Participants, the Corporation and the Trustee shall be released and discharged from all liability to the extent of such payment Irrespective of whether an endorsement shall or shall not have been made upon the reverse of such Certificate by such Owner and Irrespective of any error or omission In such endorsement. If redemption results In any change In the tractional Interest in the total principal and Interest payments to be made on such Certificate or Certificates which is related to each Participant, the Trustee shall endorse the new Certificate or Certificates In such manner as will reflect such change thereon. Exhibit C Page 26 �� ARTICLE VI .WANTS; LIMITATION OF LIABILITY; ASSIGNMENT Section 601 CC oration to Perform I.ease Agreements. The Corporation covenants and agrees with the Owners of the Certificates, to perform all obligations and duties Imoosed on it under the Lease Agreements and to enforce the several Lease Agreements against the Participants in accordance with their terms. Section 602. Assignment by Corporation. The Corporation has assigned to the Trustee pursuant to the Assignment Agreement, for the b_nelit of the Ownars of the Certificates, all of tho Corporation's rights and remedies under the Lease Agreements, Including Its rights to receive Lease Payments under the Lease Agreements, except certain rights to Indemnification and to the payment of fees and expenses as provided in Sections 507, 703 and 804 of the Lease Terms and Conditions. Section 603. Action In the Event of Non - Payment of Lease Payments. Upon failure by any Participant to pay any Lease Payment In an amount equal to the Lease Payment so due from such Participant on or prior to the Due Date pertaining to such Lease Payment, Trustee shall transfer the unpaid amount of such Lease Payment from the Reserve Account of the Participant which felled to make a Lease Payment to the Lease Payment Account of such Participant and thence to the Certificate Payment Account, as provided In Section 306(a) and 302(x) of the Trust Terms and Conditions, and II necessary, the Trustee may exercise the Corporatiot's remedies under the affected Lease Agreement, and any other remedies which Trustee may have by contract or by law. The Trustee shall terminate a Participant's Lease Agreement In accordance with Section 402 of the Lease Terms and Conditions. Section 604. No Obligation of Participants to Owners. Except for the payment of Lease Pavments when due in accordance with the Lease Agreements and the performance of the other covenants and agreements of the Participants contained In said Lease Agreements and the Trust Agreement, the Participants shall have no obligation or liability to any of the other parties (except for the Indemnification provided for in Section 608 hereop or to the Owners of the Certificates with respect hereto or the terms, execution, delivery or transfer of the Certificates, or the distribution of Lase Payments to the Owners by the Trustee. Section 605. No Obligation for Performance by Trr.stee. Neither the Corporation nor Participants shall have any obligation or liability to any o1 the other parties or to the Owners of the Certificates with respect to the performance by the Trustee of any duty Imposed upon It under the Trust Agreement. Section 606. No Liability to Owners for Payment. Except as provided In the Trust Agreement, neither the Corporation nor the Trustee shell have any obligation or liability to the Owners of the Certificates with respect to the payment of the Lease Payments by the Participants when due, or with respect to the perlormence by the Participants of any other covenant made by them In the Lease Agreements. Exhibit C / /� D Page 27 ( i Section 607 No Resoonsibllrly for Sufficiency. The Trustee shell not be responsible for the sufficiency or Validity Of the Lease Agreements or for the sufficiency Of the Trust Agreement or the Certificates; the assignment made to It of fights to receive moneys pursuant to said Agreement; or the value of or title to the Projects. The Trustee shall not be responsible or liable for any loss suffered in connection with any Investment of funds made by It under the terms of and In accordance with the Trust Agreement, so long as It complies with the provisions of Section 307(a) hereof. The Trustee shall not ba responsible for the sufficiency of any Insurance required by the Lease Agreement other than to check that the casualty Insurance required by Section 504 of the Lease Terns and Conditions shall be in an amount at least equal to the principal amount of Certificates then outstanding (subject to a deductible clause of not to exceed $250,000), that the rental Interruption insurance required by Section 505 of the Lease Terms and Conditions shall be In the amount required and that the certificates of the Participants regarding conformance with the Insurance requirements of the Lease Agreement is filed annually with the Trustee in the form and substance required by the _ease Agreements and the Trustee shall be fully protected In accepting payment on account of such Insurance. The Trustee shall not be responsible for recording or re- recording, filing or raring of this Trust Agreement or any of the Lease Agreements or any financing statements or continuation statements thereof, or for the validity or sufficiency of the security for the Certificates Issued hereunder or intended to be secured hereby. Section 606. Trustee May Require Coinlon of Counsel. Before being required to take any discretionary action under the Trust Agreement, the Trustee may require an opinion of counsel acceptable to Trustee, which counsel may be counsel to any of the parties hereto, or a verified certificate of any party hereto, or both, concerning the proposed action. If It does so in good faith. Trustee shall be absolutely protected In retying thereon. Section 609. Indemnification to Trustee and Corporation. Each Participant shall and hereby agrees to Indemnity and save the Trustee. Its officers, directors, agents, employees, successors or assigns harmless from and against all claims, losses and damages. Including legal fees and expenses, arising out of 0) the use, maintenance, condition or management of, or from any work or thing done on, a Project by the Participant leasing such Project, 00 any breach or default on the part of such Participant In the performance of any of such Participant's obligations under the Trust Agreement, 0l0 any act of negligence of such Participant or of any of Its contractors, servants, employees or licensees with respect to the Project of such Participant, (Iv) any act of negligence of any assignee or sublessee of such Participant, or of any agents, contractors, servants, employees or licensees Of any assignee or sublessee of such Participant with respect to such Participant's Project, or (v) the construction and acquisition of a Project or the authorization of payment of the Acquisition Costs by such Participant for such Project, to the extent permitted by law. Indemnification for any tort mentioned in this Section shall be limited to the extent and In the amounts provided for by California law. No Indemnification Is made by the Participants under this Section or elsewhere in the Trust Agreement for willful misconduct or gross negligence under the Trust Agreement by the Trustee. Its officers, agents, employees, successors or assigns. The Participants further covenant and agree to Indemnify and save the Trustee, the Corporation and the Association of Bay Area Governments, their directors, executive Exhibit C Page 20 (P /_ board members, members• officers, employees and agents harmless against any claim, loss, expense, advance. and liabilities which they may Incur arising cut of or In the exercise and perforrrrance of their powers and duties under the Trust Agreement, Including the costs and expenses (Including reasonable attorneys fees and disbursements) of defending against any claim of liability, and which are not due to their negligence or default to the extent permitted by law. The Participants further covenant and agree to advance to the Trustee and the Corporation all amounts requested as the costs and expenses of such defense. Any and all special obligations of the Participants under this Section 609 snail be and remain valid and finding special obligations of the Participants notwithstanding the payment in full of Lease Payments. Section e10. A�reemenl to Pav Attomeva' Fees and Exoenses. In the event any party hereto should tlefault under any of the provisions the Trust Agreement and the nondefaulting party should employ attorneys or Incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that It will on demand therefor pay to the nondefautting party the reasonable fees of such attorneys and such other expenses so Incurred by the nondefauhing party. Section 611 Power of Trustee to Control Proceedings. In the event that the Trustee, upon the happening of an event of tlofauh under Section 801 of the Lease Terms and Conditions fan Event of Delaullo), shall have taken any action, by judicial Proceedings or otherwise• pursuant to Its duties under the Trust Agreement• whether upon Its own discretion or upon the request of the Owners of a majority In principal amount of the Certificates then Outstanding, It shall have full power, in the exercise of Its discretion for the best Interests of the Owners of the Certificates with respect to the continuance, discontinuance, withdrawal• compromise, settlement or other disposal of such action; provided, however, that the Trustee shall not, unless there no longer continues an Event of Default• discontinue• withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or In equity, If at the time there has been filed vnth It a written request signed by the Owners of at least a majority In principal amount of the Certificates then Outstanding• opposing such discontinuance, withdrawal. compromise. settlement or other disposal of such litigation. Section 612. Limitation on Certificate Ownsrs' AI -ht to Sue. No Owner of any Certificate executed antl delivered under the Trust Agreement shall have the fight to institute any suit• action or proceeding at law or In equity, for any remedy under or upon the Trust Agreement es third party beneficiary under and pursuant to Lie terms of the Lease Agreements, unless (a) such Owner shall have pravloully given to the Trustee written notice of the occurrence of an Event of Default under the Trust, Agreement (b) the Owners of at least a majority In aggregate principal amount of all the Certificates then Outstanding shall have made written request upon the Trustee to exercise the pnwers heremnbefore granted or to Institute such action, suit or proceer.ng In its own name (c) said Owners shall have tendered to the Trustee Indemnity satisfactory to the Trustee against the costs, expenses and liabilities to be incuned Ir, compliance with such request, and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such wdlttn request stall have been received by, and said tender of indemnity shall have been made to. the Trustee. Exhibit / Page 29 9 (( " , f, Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Certificates of any remedy under the Trust Agreement; it being understood and Intended that no one or more Owners of Certificates shall have any right In any manner whatever by his or their action to enforce any right under the Trust Agreement, except In the manner herein provided, and that all proceedings at law or in equity with respect to an Event of Default shall be instltu:ed, had and maintained In the manner herein provided and for the equal benefit of all Owners of the Outstanding Certificates. The right of any Ovner of any Certificate to receive payment of said Owner's proportionate Interest in the Lease Payments as the same become duo, or to Institute suit for the enforcement of such payment, shall not be impaired or affected without the consent of such Owner, notwith tanding the foregoing provisions of this Section or any Other provision hereof. Section 613. Owners as Third Party Beneficiaries. It Is acknowledged by the parties hereto that the Owners, from time to time. of the Certificates are and shall bs deemed to be third parry beneficiaries of the right of the Corporation to receive Lease Payments under and pursuant to the Lease Agreements. Section 614. Institution of Legal Proceedings. If one or more events of default under the Lease Agreement or under the Trust Agreement shall happen and be continuing, the Trustee In Its discretion may, and upon the written request of the Owners Of a majority In principal amount of the Certificates then Outstanding, and upon being Indemnified to Its satisfaction therefor, shall, proceed to protect or enforce Its rights or the rights of the Owners of Certificates by a suit in equity or action at law, either for the specific performance of any covenant or agreement contained herein, or in old of the execution of any power herein granted, or by mandamus Or other appropriate proceeding for the enforcement of any other legal or equitable remedy as the Trustee shall deem most effectual In support of any of Its rights or duties hereunder, provided, however, that the Trustee shall have the right to decline to follow any such direction If the Trustee shall be advised by counsel that the action or proceeding so directed may not be taken lawfully, or If the Trustee in good faith shall determine that the action or proceeding so directed would Involve the Trustee In personal liability or would be unjustly prejudicial to Certificate Owners not parties to such direction. Section 615. Non- waiver. Nothing In this Article VI or in any other provision of this Agreement or In the Certificates shall affect or Impair the obligation of the Participants or the Corporation which Is absolute and unconditional, to pay the Lease Payments as provided In the Lease. No delay or omission of the Trustee or of any Owner of any of the Certificates to exercise any right or power arising upon the happening of any event of default shall ' mpair any such right or power or shall be construed to be a waiver of any such even, of default or an acquiescence therein, and every power and remedy given by this Article VI to the Trustee or to the Owners of Certificates may be exercised from time to time and as often as shall be deemed expedient by the Trustee or the Certificate Owners. Section 616. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or to the Certificate Owners Is Intended to be exclusive of any other remedy, and every such remedy shall be cumulative and shall be In addition to Exhibit C / Page 30 5�� every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or otherwise. Section 617 Application of Funds. Al moneys received by the Trustee pursuant to any right given or action taken under either the provisions of this Article VI or of Article Vlll of the Lease Terms and Conditions upon en event of default under a Lease Agreement, shall be deposited Into the Lease Payment Account and be applied by the Trustee In the following order upon presentation of the several Certificates, and the stamping thereon of the payment If only partially paid, or upon the surrender thereof If fully paid. First, to the payment of the costs and expenses of the Trustee and of the Certlficate Owners In Investigating and declaring such event of default and In enforcing the terms of this Agreement, the Lease Agreements and /or other agreements relating hereto or thereto, Including reasonable compensation to it or their agents, attorneys and counsel and any outstanding fees and expenses of the Trustee; Second, to the payment to the persons entitled thereto of all Installments of Interest then due In the order of the maturity of such Installment, end, if the amount available shall not be sufficient to pay In full any installment or Installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the persons entitled thereto, without any discrimination or preference; and Third, to the payment to the persons entitled thereto of the unpaid principal of any Certllieates which shell have become ..re, whether at maturity or by call for redemption, In the order of their due dates, with Interest on the over due principal and Interest at e rate equal to the Interest rate paid with respect to such Certificates and, If the amount available shall not be sufficient to pay In full all the amounts yue with respect to the Certificates on any dale, together with such Interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the persons entitled thereto, without any discrimination or preference. Section 618. Payment ur Certificates After Discharge of Trust Agreement. Notwithstanding any provisions of this Trust Agreement, subject to any applicable escheat laws, any moneys held by the Trustee in trust for the payment of the principal or Interest on any Certificates and remaining unclaimed for six (6) years after the principal or all of the Certificates has become due and payable (whether at maturity or upon tail for redemption or by acceleration as provided in this Trust Agreement), If such moneys were so held at such date, shall be repaid to the applicable Participant free from the trusts created by this Trust Agreement, and all liability of the Trustee with respect to such moneys shall thereupon cease and the Owners of such Certificates shall thereafter be entitled to look Only to such Participant for payment of such amounts: provided, however, that before the repayment of such moneys to such Participant as aforesaid, the Trustee, may (at the cost of such Participant) mall such notice, postage prepaid, to all Owners of Certificates so payable and not presented at their addresses appearing on the Certificate registration books maintained by the Trustee In such form as may be deemed appropriate by the Trustee, with respect to such Certificates and with respect to the provisions relating to the repayment to such Participant of the moneys held for the payment thereof Exhibit C Page 31 ARTICLE VII AMENDMENT; DEFEASANCE; ADMINISTRATIVE PROVISIONS Section 701 Amendments. The Trust Agreement and any Lease Agreement may be amended in writing by agreement among all of the parties thereto, bid no such amendment (except as provided below) shall become affective as to the Owners of the Certificates then Outstanding, unless and until approved by the Owners of a majority In aggregate principal amount of Certificate% Outstanding: provided that no such amendment shall Impair the right of any Owner to receive his proportionate share of airy Lease Payments In accordance with his Certificate of Participation. Notwithstanding the foregoing, the Trust Agreement and any Lease Agreement and the rights and obligations provided thereby may also be modified 0. amended at any time without the consent of any Owners of the Certificates, but only (1) for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective Provision contained in the Trust Agreement or Lease Agreement, (2) In regard to qurstlons arising under the Trust Agreement jr Lease Agreement which the Participants (or Participant, as the case may be) may deem necessary or desirable and not Inconsistent with the Trust Agreement or Lease Agreement and which shall not adversely affect the Interests of the Owners or (3) to make such additions. deletions or modifications as may be necessary to assure compliance with section 148(f) of the Code relating to required rebate of Excess Investment Earnings to the United States or otherwise as may he necessary to assure exclusion from gross Income for federal Income tax purposes of the Interest component of Lease Payments: provided that the Corporation, the Participants and the Trustee may rely in entering Into any such amendment of the Trust Agreement or Lease Agreement upon the opinion of bond counsel whose opinion is acceptable by underwriters In the marketing of tax - exempt obligations of political subdivisions stating that the requirements of this sentence shall have been met with respect to such amendment. Section 702. Defessance. If all Outstanding Certificates relating to any Participant shall be paid and discharged In any one or more of the following ways: (a) by well and truly paying or causing to be paid the principal of , +nd Interest with respect to all Certificates Outstanding relating to arch Participant, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, before maturity, money which, - together with the amounts relating to such Participant which are then on deposit In the Certificate Payment Account, Its Lease Payment Account and Its Reserve Account, Is fully sufficlent to pay all Certificates Outstanding relating to such Participant, Including all Principal and Interest; (c) by depositing with the Trustee, In trust, Feceral Securities In such amount as the Trustee shall determine will, together with the Interest to accrue thereon and moneys relating to such Participant then on deposit In the Certificate Payment Account together with the Interest to accrue thereon, be fully sufficient to pay and discharge all Certificates relating to such Participant (Including all principal and Interest) at or before lhe.r respective maturity dates; Erhlbit C r Page 32 h (d) by depositing with the Trustee, under an escrow deposit and trust agreement, security for the payment of Lease Payments of such Participant as more particularly described In Section 406 of the Lease Terms and'Condltions, said security to be held by the Trustee, as agent for such Participant and to be applied by the Tnnatee to Lease Payments representing the obligation of such Participant under Its Lease Agreement, as described In Section 406 of the Lease Terms and Conditions; notwithstanding that some Certificates may not have boon surrendered for payment, all obligations of the Corporation, the Trustee and such Participant unrrer the Trust Agreement with respect to all Outstanding Certificates riating to such Participant shall cease and terminate, except only the obligation of the Trustee to pay or cause to be paid to the Owners of the Certificates relating to such Participant. subject to Sections 505 and 506, all sums due thereon and the obligation of such Participant to pay the Trustee the amounts owing to the Trustee under Sections 402, 609 and 610 of the Trust Terms and Conditions. Any funds held by the Tnstee, at the time of one of the events described above in subsactlons (a), (b), (c) or (d), Hhlch are not required fer the payment to be made to Owners, or for payments to be made to the Trustee by such Participant, shall be paid over to such Participant pursuer to written Instruction from an Authe,'Ized Officer of the Corporation. Section 703. Trustee to Keep Records. The Trustee shall keep books and records of all moneys received and disbursed under the Trust Agreement, which shall be available for Inspectlan by the Participants and the Corporation at any time during regular business hours. Section 704. California Law. The Trust Agreement shall be construed and governed In accordance with the laws of the State of California. Section 705. Severablllty. Any provision hereof found to be prohibited by low shall be Ineffective only to the extent of such prohibition, and shall not Invalidate the remainder hereof. Section 708. Binding an Successors. The Trust Agreement shall be binding upon and inure to the beno0t of the parties and their respective successors and assigns. Section 707 Execution In Counterparts. The Trust Agreement may be executed In several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. Section 708. Headlines. With the exception of headings stating that a particular section or sections applies to less than both of the Participants, headings preceding the text of the several Articles and Sections the Trust Agreement, and the table of contents, are solely for convenience or reference and shall not constitute a part hereof or effect Its meaning, construction or effect Exhibit C Page 33 ` / ��i:Y 1 i .- � � r� .� Y�h'Y {tf?�✓`a�=ti. � l :ll 'a a '. .r - ...v y a , i � � ylN...,i+`lA� ,. JiW'�OO.W amN ,'1I •i i EXHIBIT D y'. NOTICES nAll notices to be given under the Thrat Agreement shall be in writing and she be 't given by mall to the party entitled themto at Its address sot forth below, or at such address as the party may provide to the other party In writing from time to time. If to the Corporation: California Cities Financing Corporation jf 1400 K Street, Suite 400 Sacramento, Cafifomia 95814 Attention: Secretary If to the Participants: City of Atwater 750 Bellevue Road ? Atwater, Califomia 95301 Attention: Finance Director J City of Burbank 275 East Olive Avenue Burbank, Cal:'omia 91502 Attention: Financial Services Officer City of Newman 1200 0 Street Newman, California 95360 Attention: City Manager City of Rancho Cucamonga 9320 Baseline Road, Suite C Racho Cucamonga, California 91730 Attention: Finance Director City of Tracy 3W East Tenth Street Tracy, California 95376 Attention: Finance Director It to the Trustee- Attention: ,tfeA•10 � JMN r90W 0L9).� iyp AFTER RECORDATION PLEASE RETURN TO: Brian D. Quint, Esq. Jones Hal! HIII d White A Prolossionei Law Corporation 4 Embarcadero Center, Suite 1950 San Francisco, CA 94111 �w LEASC AGREEMENT It dated as of October 1, 1988 ig by and between the ai ix CALIFORNIA CITIES FINANCING CORPORATION and the CITY OF RANCHO CUCAMONGA. CALIFORNIA CALIFORNIA CITIES FINANCING CORPORATION (1988 Series B) T � i m ti ° ' � = ;i�°'l'ty:. )u�,�y�{y, {2'};��aaT.. - - ,t._ �_ `�_,..�, a,r,._ -,.y. •.,,Y'„�+ e !, `�� \F'i l'i+i"'ZE • � 'T'ir �li,R P+V Vr•-V L�'' 119 r'�'�fY •iy �1KS r _ LEASE AGREEMENT THIS LEASE AGREEMENT, dated as of the Dated Date, by and between Me, CALIFORNL4 CITIES FINANCING CORPORATION, a nonprofit, public benelif corpomdon duly organized and existing under }he laws of the State ot'Celifomia, oa lessor (the 'Corporation '), and the CITY OF' RANCHO CUCAMONGA, ar Political Subdivision organized and existing under the laws of the State of Ca;ifom!s (the 'Participant'); WITNESPETH: WHEREAS, the Participant- wishes to acquire, construct and Install that certain property described In Exhibit C hereto (the 'Project*) and the Participant Is authorized pursuant to the !aws of tne'Stale of California to enter Into leasehold agreements for such purposes; and WHEREAS, the Covemtng Body of the Participant has aatermined that, In order to accomplish such purposes, g is necessary and desirable to acquire, constmcT, Install and deliver the Project by leasing the same pursuant to this Lease Agreement; WHEREAS, thu Corporation will cause to be deposited with (the 'Trusteeo) funds for the acquisition, construction. InstE'latlon and delivery Of Ms Project to be Lased pursuant to this Lease Agreement: and WHEREAS, the Participant has. pursuant to the Site Lease, dated as of the Dated Date and recorded concurrently herewith, looped certain property (the 'Site) to the Corporntion as a material consideration for the Corporation's agreement to lease the Site and the Project to the Participant pursuant to this Lease Agreement; and WHEREAS. the Corporation and the Particioant each has duly authorized the execution and delivery of this Lease Agreement; NOW. THEREFORE, In consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto agree as follows: L�- __��' w � Section 1.1 Definitions. Unlese the context otherwise requires, capitalized terms usrd herein and In the Lease Terns and Conditions, have the meanings specified in Exhibit A. All terms not dented herein shall have the meanings ascribed to them In the Trust Agreement, as defined In said Exhibit A. t- Section 1.2 Exhibits. The following Exhibits are attached to, and by reference a part o1, this Lease Agreement: kmade Exhibit A: Definitions. Exhibit B: Schedule of Lease Payments to be paid by the Participant to the Trustee, as assignee of the Corporation, showing the Due Date and F amount of each Lease Payment. Y Exhibit C: Description of the Project. , Exhibit D: Leese Terms anO Conditions. w Exhibit E• AAoresses for Notices. ?' r' Exhibit F: Contracts Assigned to Corporation. Exhibit G: Description of Previously Acquired Portion of Project. .r Exhibit H: Description of Site Section 1.3 Agreement to Lease. The Corporation hereby teases the Site and the Project to the Participant and the Participant hereby leases the Site and the Project from the Corporation. Section 1.4 Lease Payments. As rental for the Site and the Project, the Participant agrees to pay to the Corporation or its assigns, on the Due Dates, the Lease Payments In the amounts shown on Exhibit B. Section 1.5 T_ ern of Agreement. The Term of the Agreement shall commence as of the Dated Date and shall end on the Termination Date, unless on such date any portion of the Certificates of Participation representing Inter". In the Participant's Lease Payments remains outstand.ng. In which case this Lease Agreement shal: remain In full force and effect while such portion Is outstandhig or unless terminated prior thereto In accordance with Section 402 of the Lease Terms and Conditions. Section 1.6 Terms and Condtlons. The parties hereto agree that thls Lease Agreement Is expressly subject to the M the provisions Lease Terms and Conditions attached hereto as Exhibit D, the provisions of which are herein Incorporated as though fully set forth herein. e r t —2— �( 70 4 IN WITNESS WHEREOF, the Co rl)oratlon has caused this Lease Agreement A� executed 1 In Its name by lts'duly 'Authodz6d Officer, and the Participant Caused WS Lease to be has A Agree�nehtjto be executed and attested IriJts-liam8 bYAtS duljl� Authorized 0111MV Fnd Gealed'W' th ItP I ��' I IF I c0iPOste seal. as of the Dated Date. Y CALIFORNIA CMES FINANCING CORPORATION BY (S E A L) President Attest: .R. By- Secretary CITY OF RANCHO CUCAMONGA By (S E A L) �Mayor Attest: By ---Ulty -Cllk -3- '71 STATE OF CALIFORNIA ) ) as. COUNTY OF ) On this _ day of,October, 1988, before me, the undersigned, a notary public, personally appeared Lowell Smith, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as President of the California Cities Financing Corporation, the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to a resolution of Its board of directors. WITNESS my hand and official seal. Notary Public In and for said State My commission expires: -4- � 7-)- r . { i�., ♦mss{ �4' {a:; i A STATE OF CALIFORNIA ) ) as. COUNTY OF ) On day of October. IBM, before me, the undersigned, a'notary,public, Personally appered Daniel B. Harrison, personalty Mown to me (or proved to me on the basis cf satisfactory evidence) to be the person wholexecuted the within Instrument as Secretary of the California Cities Financing Corporation, the corporation therein named, and acknowledged to me that such corporation executed the within Instrument purstram to a resolution of Its board of directors. WITNESS my hand and official seal. Notary Public In and for said State My commisslon expires: ffl fP 73 •! m I a STATE OF CALIFORNIA} _ ) ) as. COUNTY OF SAN BERNARDINO ) On this ` day of October, 1888, before me, the undersigned, a notary public, personally appeared _ and personally known to me (or proved to me rm the basis of sat!sfectory evidance) to be trio persons who executed this In3trum3di as Mayor and City Clerk, respectively, of the Ciy of Rancho Cucamonga and acknowledged to me that the City of Rancho Cucamonga oxe;,Wed It. WITNESS my hand and official seal.' Notary Publlo In snd for sold State (SEA L) My commission expires: ` 41e 714,1 EXHIBIT A DEFINITIONS — CITY OF RANCHO CUCAMONGA 'Acaulsltlon Costs' means, with respect to the Project, the contract price paid or to be paid to the Contractors therefor upon acquisition, construction, Installation or delivery of any portion of the Project and related equipment, If any, In accordance with the purchase order or ccntract therefor Acquisition Costs Include the costs of she preparation necessary for the Instaltatlon of the Project, as well as the adminlstrstive. engineering, legal, financial and other costs Incurred by the Participant, the Corporation and the Contractors In connection with the acquisition, construction, delivery and Installation by the Corporation of the Proje.'t. Including title Insurance premiums, if any. 'Acaulsltlon Date' means October 4, 1988, or such other date as the Participant shall Identify In a certificate, delivered to the Corporation and Ue Trustee, regarding tha necessity, to extend Its Completion Date, so long as such certiresto 's accompanied, In the case of the Trustee, by funds sufficient to fund additional Intsrest -Ath respect to this Lease Agreement to the new Completion Date Identified in such certificate. 'Asslonment Agreement' means the agreement by that name, dated as of October 1, 1988, by and between the Corporation and the Trustee. 'Business Day' means any day of the year other than a Saturday, a Sunday, a day on which the New York Stock Exchange is closed or any day on which the Trustee Is not open for business. 'Certificate of Completion' means a certillcate of the Participant Representative certifying that the Project has been acquired, constructed, Installed and accepted by the Participant, and that all Acquisition Costs have bean paid. 'Certificates of Participation' or 'Ce_ rtif6;ate_e means the Certificates of Participation to bo exscuted and delivered pursuant to the Trust Agreement and which evidence a right to receive a fractional share of Lease Payments and proceeds received an account of the Lease Agreements. 'Closing Date' means the date when the Certificates of Participation, duly executed by the 1 rustee, are deliverad to the Original Purchaser. 'Code' means the Internal Revenue Code of 1938. 'Contractors' means the contractors or vendors from whom the Corporation or the Participant, on behalf of the Corporation, has ordered or caused to be ordered or with whom the Corporation or the Participant, on behalf of the Corporation, has contracted or caused to be contracted for the acquisition, construction or Installation of the Project. 'Corporation' means the California Cities Financing Corporation, a nonprofit, Public benefit corporation duly organized and existing under the laws of the State of California. Exhibit A 7� Page 1 'Corporation Representative' means the President of the Corporation or his designee, or any other person authorized to act on behalf of the Corporation with respect to the Lease Agreement. 'Dated Date • means October 1, 1983. 'Delivery Costs' means all costs and expenses of execution and delivery of the Lease Agreement antl the Certificates, Including, but not limited to: (a) underwriters' fees other than those taken In the form of a discount on the Closing Date; lb special other Counsel, Participant's special tax counsel s well as any spec aized Counsel fees Incurred In connection with the execution and delivery of the lease Agreement and the Certificates; (c) rating agency fees; (d) trustee fees and trustee counsel fees; and (e) printing costs of the Certificates and of the preliminary and final official statement. 'Due Dates' means September 15 and March 15 of each year, commencing March 15, 1988. 'Federal Securities' means direct obligations of (Including obligations Issued or held In book entry form on the books of the Department of the Treasury of the United States of America), or obligations the principal of and Interest on which are unconditionally guaranteed by the United States of America. 'Governing Body' means the City Council of the Participant. Tn!dependent Counsel' means an attorney duty admitted to the practice of law before the highest court of the State of California and who is not an employee of the Corporation, the Trustee or the Participant. 'Insurance and Condemnation Fund' means the fund by that name established and held by the Trustee pumt ant to Section 2.9 of the Trust Agreement. 'Insurance Consultant' means any person or firm knowledgable with respect to insurance carried by, required for and available to Political Subdivisions. 'Lease Agreement' or 'Agreement' means this Lease Agreement, and any duty authorized and executed amendment hereto. 'Lease Agreements' means the several Lease Agreements, each dated as of October 1, 1988, between the Corporation and tho Participants. Page 2 (o 7 / 9 70 'Lease Payment' means any payment due from the Participant to the Corporation under Section 1.4 of the Lease Agreement and Section 403 of the Lease Terms and Conditions. 'Lease Terms and Conditions' means those certain Lease Terns and Condltlona attachetl to the Lease Agreement as Exhibl: D. 'Net Proceeds' means any Insurance or condemnation proceeds paid with respect to the Project. remalnine after payment therefrom of all expenses incurred In the collection thereof. 'Orlglnal Purchaser' means the original purchaser of the Certificates on the Closing Date. 'Owner' or 'Certificate Owner' or 'Owner of a Certificate,' or any similar term. when used with respect to the Certificates, means the registered owner of any Certificate. 'Participant' means the City of Rancho Cucamonga, California. 'Participants' means, collectively, the Cities of Atwater, Burbank, Newman, Rancho Cucaronga and Tracy. 'Participant's Acoulsition Account' means th -% Acquisition Acccdnt established and held by the Trustee for the Participant pursuant to Section 2.5 of the Trust Agreement. 'Participant's Lease Payment Account• meat a the Lease Payment Account established and held by the Trustee for the Participart pursuant to Section 2.7 of the Trust Agreement. 'Particlpant Representative' means the Participant's Flnance Director or her designed, or any other person authorized to act on behalf of the Participant for the purposes of this Lease Agreement. 'Participant's Reserve Account' means the account by that name established and held by the Trustee pursuant to Section 2.10 of the Trust Agreement. 1989. 'Payment Dates' means October 1 and April 1 of each year, commencing April 1, 'Permitted Encumbrances' means, as of any particular time: (1) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the Participant may, pursuant to provisions of Article V of the Lease Terms and Conditions, permit to remain unpaid; 00 the Lease Agreement; QIQ the Trust Agreement; and pv) those exceptions listed on the policy of title insurance delivered pursuant to Section 511 of the Lease Terms and Conditions which are acceptable to the Original Purchaser 'Political Subdivision' means a public agency deemed to be a 'political subdivlslon' of the State of California, as that term is used in Section 103 of the Code. Exhibit A '7 7 Page // Payments oErinci the Lease Agrethe total unpaid principal portion of thr '_^a' -private Bosin�� ?4� means use directly or Indirectly In a trade or business natural person excludhg h�e however. by a governmental Iunit and use as a member of the general public. •Proceeds of the Certhicetas.• when used with respect to the Certlficetw, means the interest f and ou nafflsth a C81' umtl(a^yreceived ' or191na1 flesu0hdlscountPl etM• lug accrued project- means that certain real Ce�et of and 1 Cpertlficates18doposhOd acquired n e ccnstruded and installed from the p participant's Acquisition Account. as ahnwn on Exhibit C to the Lease Agreement. •Reaulatlns• means temporary and permanent regulations promulgated under the Code. .+V Wished and held by the Trustee 'es ;:undd by h t name esta �1 o the Trust pursuant See 0 -Site' means the real property d0scribud In Exhibit A to the Site Lease and in Exhibit k to the Lease AgreemorR. Dat Partidpant and the Co•po ation,hand any duly authorized and Dated executed amendment Site Lease' means the lheroto. 'Term of the Agreemena• means the time diving which the Lease to or •Terr provided for in Section 1.5 of the Lease Agreement. Agreement Is in of t -Te2rmination Dateo means October 1. 1894. Trust Asree =a ^t• means tGe Trust Agreement. dated as of the Dated Date, by and executed amendment th0ratoidpants and the Corporation, and any duly authorized and among tha Trustee, the P _ as Trustee appointed under the terms of -Trustee' means the Trust Agreement. Exhibit A Page 4 EXHIBIT a CITY OF RANCHO CUCAMONGA SCHEDULE OF LEASE PAYMENTS w Due Date Total Principal Interest Lease Payment 03/15i89 s 09115189 It =1510 09/15/90 03/15/91 09/15/al 03115/92 ty WIZ 09/15/92 �, VK 03/15/93 09/15/93 03/15/04 09/15194 Exhibit B Page 1 EXHIBIT C DESCRIPTION OF PROJECT Exhlblt C Page 1 (( �� a..xeoo.m o�avr EXHIBIT D : c 1r LEASE TERMS AND CONDITIONS City of Rancho Cucamonga O l ARTICLE 1 DF_FINITICNS Sectlon 101. DeMhlons. Unless the context otherwise requires, capitalized terms used herein shell have the meanings ascribed to them In Exhibit A to the Lease Agreement. Exhibit D Page 1 N x s. .1 ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES S Section 201 Representations. Covenants and Warranties of the Participant. The r. Participant represents, covenants and warrants to the Corporation ss foilows: (a) The Particlpant Is a duty ergantzed and validly existing Political Subdivision of the State of California. t.; (b) The constitution and the laws of the State of California authorize the ; Participant to enter Into the Lease Agreement and the Trust Agreermt and to enter Into the transactions contemplated by and to carry out Us obligations under each of the aforesaid Agreements, and the Participant has duly authorized and executed each of the ' aforesaid Agreements in accordance with the laws tit the State of California. (c) Neither the execution and delivery of the Lease Agreement or the Trust Agreement nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation cl the transactions contemplated hereby or thereby, conflicts with or results In a breach of the terms, conditions or provisions of any restriction or any agreement or Instrument to which the Participant is now a party orb which the Participant Is bound, or constitutes a default under either of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whensoever upon any of the property or assets of the Participant, or upon the Site or the Project, except Permitted Ercumbrances. Section 202. Representations. Covenants and Warranties of the CO9.)oratlon. The Corporation represents, covenants and warrants to the Participant as follows: (a) The Corporation Is a nonprofit, public benefit corporation duly organized, existing and In good standing uacler and by virtue of the laws of the State of California; has power to enter Into the Lease Agreement and the Trust Agreement; Is possessed of full power to own and hold real and personal property and to lease and sell the same; and has duly authorized the execution and delivery of all of the aforesaid Agreements. (b) The Corporation will not pledge the Lease Payments or other amounts derived from the Project and from Its other rights under the Lease Agreement, and will not encumber the Project, except as provided under the terms of the Leese Agreement and the Trust Agreement. (c) Neither the execution and delivery of the Lease Agreement or the Trust Agreement, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results In a breach of the terms, conditions or provisions of any restriction or any agreement or Instrument to which the Corporation is now a party or by which the Corporation Is bound, or constitutes a default undo; either of the foregoing, or results In the creation or imposition of any Ilan, charge or encumbrance whatsoever upon any of the prnperty or assets of the Corporation, or upon ;he Site or the Project, except Permitted Encumbrances. Exhibit 9 o 8-3 .S 'Y ^is y , iq r -s -w (d) incept as provided In tha Lease Agreement and In the Assignment -- Agreement, the Corporalloii -will not assign the Lease Agreement, Its right,to receive Lease Payments from the Participant, or Its duties and obligations, under the Lease Agreement to any other person;'firm or corporation so as to Impelr or violate the representations, covenants and warranties contained In this Section 202. Exhibit D / cage 3 � i E i ARTICLE III DEPOSIT OF MONIES; ACQUISITION OF THE PROJECT Section 301 Deposit of Manias. On the Closing Date, the Corporation shall cause to be deposit etl with the Trustee the amount spxiged In Section 2.3 of the Trust Agreement. Pursuant to the Trust Agreement, Utere shall be deposited in the Participant's Acquisition Account funds which, together with Investment earnings thereon, will be sufficient to pay Acquisition Costs. Section 302. AD ulshlon of the Project. The Participant will, as agent of the Corporation, enter Into purchase orders and contracts, and will supervise and provide for, or cause to be supervised and provided for, as agent for the Corporation, the complete construction, acquisition, delivery and installation of the Project. The Participant agrees that it will cause the work under said contracts to be diligently performed after the deposit of funds with the Trustee pursuant to Section 2.3 of the Trust Agreement, and that the Pruject will be constructed, acquired, delivered and Installed in accordance with the specifications approved by the Participant on or prior to the Acquisition Date. The Participant may change the specifications of the Project, so long as such change does not reduce the value of the Project or substantially alter the nature of the Project, and that any Increase In Acquisition Costs shall not result from such change, unless the Participant deposits in the Participant's Acquisition Account an amount sufficient to pay such Increase. In addition, in the event that the costs of constructing, acquiring, delivering and installing the Project are greater than the amount of money deposited in or transferred to the Participant's Acquisition Account, together with Investment earnings thereon, the Participant agrees to deposit Into the Participant's Acquisition Account an amount of money necessary to pay such Increased Acquisition Costs, but only from funds arising in the fiscal year in which the Participant has entered Into the Lease Agreement. The Participant agrees that upon substantial construction, acquisition, delivery and Installation of any discrete portion of the Project. It will take possession of, and shall be deemed to have accepted, that portion of the Project under the terms and provisions of the Lease Agreement. The Participant hereby sells. assigns and transfers to the Corporation, all of Its rights under the contracts with respect to the portion of the Project for which the Participant has contracted prior to the Closing Date. If any, which contracts are attached to the Lease Agreement as Exhibit F. The Participant hereby transfers end conveys to the Corporation title to the portion of the Project acquired prior to the Closing Date, if any, which portion of the Project Is more particuiarty, described In Exhibit G to the Lease Agreement. Upon completion of construction, acquisition, delivery and Installation of the Project reasonably satisfactory to the Participant, but In any event not later than the Acquisition Date, the Participant shall deliver to the Trustee a Certificate of Completion. The parties agree that the Lease Agreement shall be deemed to be affective as to each component of the Project as it Is constructed, acquired, delivered or Installed. The Participant agrees that as each discrete portion of the Project Is substantially Exhibit D fs� Page 4 U Ell s 4 k r _4 constructed, acquired delivered or Installed, it will accept Such discrete portlon ;�' The Participant agrees that, as @'accepts- portions of the Project as descnbed,above,;a corresponding- portion of the Lease Payments shown on Exhlblt,C to the Lease Agreement shall at such time represent fair rental value for such -portion`of the Project co accepted. _ - - Section 303. Pa ant of Acquisition Costs. Payment to the Contractors of the cost of acquiring and installing the Project shall be made from the monies deposited in the Participant's Acquisition Account as' provided In Section 2.5 of the Trust Agiecmant. which shall be disbursed only for, this purpose In accordance and upon compliance with Section 301 of tha Trust Terms and Conditions. Exhibit D o-/ Pages 0 ARTICLE IV AGREEMENT TO LEASE: TERMINATION OF LEASE AGREEMENT; LEASE PAYMENTS, TITLE TO THE PROJECT Section 401 Agreement to Lease. The lease of the Site and the Project by the Corporation to the Participant Is made expressly subject to the terms and conditions set forth herein. Section 402. Termination of Lease Agreement. The Term of the Lease Agreement will terminate upon the ear:last of any of the following events: (e) the payrro^nt or prepayment by the Participant of all Lease Payments due during the Tenn of the kgreemenh (b) the occurrence -if an event of default under the Lease Agreement and the termination of the Lease Agreement by the Corporation or its assignee pursuant to Section 802011) of the Lease Terms and Conditions; or (c) the Project is taken in whole pursuant to the Power of eminent domain or are taken in part pursuant to rich power to such extent that the remaining portions thereof are no longer useful for the purposes originally Intended• and the Lease Agreement is terminated pursuant to Section 509 of the Lease Terms and Conditions. Upon occurrence of an event which will result In termination of the Lease Agreement, the Trustee will not make any further disbursements from the Participant's Acquisition Account and all amounts at the time In such Acquistion Account will be transferred. as provioed In the Trust Agreement. to the Participant's Lease Payment Account to be credited against the Participant's Lease Payment obligations or to an account relating to the Participant created by the Trustee within the Redemption Fund to be applied to redemption of the Certificates relating to the Participant. Section 403. Lease Payments. The Participant agrees to pay to the Corporation. or Its successors and assigns• as rental for the use and possession of the Project, the Lease Payments on the Due Dates and in the amounts specified In Exhibit B to the Lease Agreement, provided that the Participant shall receive a credit for any amounts on hand In the Participant's Lease Payment Account at the time any Lease Payment is due, and that at such time as the monies on hand In the Participant's Lease Payment Account and the Participant's Reserve Account are equal to all Lease Payments remaining unpaid• sucn monies shall be applied by the Trustee, pursuant to Section 306(b) of the Trust Terms and Conditions• to such Leese Payments on behalf of the Participant• and the Participant shall not be required to make any further Lease Payments under the Lease Agreement. A Lease Payment payable on each Due Date Is In consideration for use and possession of the Proj• ;t from the preceding to the next occurring Payment Date. Lease Payments for each annual rental period during the Ter..r of the Agreement shall constitute the total rental for said rental period and shall be paid by the Participant In each rental period for and In consideration of the right of the use and possession of, Exhibit D 0 7 Page 6 O and the continued quiet use and enjoyment of, the Project during each such period for which said rental is to be paid. The parties hereto have agreed and determined that such total rental represents the fair rental value of the Project. In making such determination. consideration has been given to the costs of acquisition, construction, delivery, Installation and financing of the Project, other obligations of the parties under the Lease Agreement, the uses and purposes which may be served by the Project and the benefits therefrom which will accrue to the Participant and the general public. Each Lease Payment shall be paid In lawful money of the United States of America to or upon the order of the Corporation at the corporate trust office of the Trustee. Any such Installment of rental accruing under the Lease Agreement which shall not be paid when due shall bear Interest at the rate of ten percent (1096) per annum from the date when the some Is due under the Lease Agreement until the same shall be paid. Lease Payments shall be paid from any source of legally available funds of the Participant and so long as the Project Is available for the Participant's use, the Participant covenants to take such action as may be necessary to Include all Lease Payments due under the Lease Agreement In Its budgets, and to make the necessary appropriations for all such Lease Payments; which covahanta of the Participant shall be deemed to be, and shall be, ministerial duties Imposed by :qw, and it shall be the duty of each and every public official of the Participant to take suci; action and do such things as are required by law In the performance of the official duty at such officials to enable the Participant to carry out and perform the covenants made by the Participant In the Lease Agreement. During the Term of the Agreement, the Participant will furnish to the Trustee, no later than twenty (20) days fallowing adoptlorr, of tha budget for that fiscal period, a certificate of the Participant Representative that tha Lease Payments due In that fiscal period have been Inciuced In the budget approveo by the Governing Body for such fiscal period. To the extent that monies are available In the Participant's Lease Payment Account, the Participant's Reserve Account and the Participant's Acquisition Account for such purpose, the Participant agrees to pay Lease Payments from such sources regardless of whether or not It has acquired. constructed or Installed the Project. Section 404. Possession and Enlovment. During the Term of the Agreement, the Corporation shall provide the PartlCipant with quiet use and enjoyment of the Site and the Project, and the Participant shall, during such Tenn, peaceably and quietly have and hold and enjoy the Site and the Project, without suit, ;rout's or hindrance from the Corporation, except as expressly sot forth In the Lease Agreement. The Corporation will, at the request of the Participant and at the Participant's cost, join in any legal action in which the Participant asserts Its right to such possession ano enjoyment to the extent the Corporation may lawfully do so. Notwithstanding the foregoing, the Corporation shall have the right to Inspect the Site and the Project as provided in Section 603 of the Lease Terms and Conditions. Section 405. _Title to the Protect. During the Tenn of the Agreement, fee title to the Project and any and all additions, replacements or modifications will be retained by the Corporation, except as provided below and except for those modifications which are added to the Project by the Participant and which may be removed without damaging the Project. The Participant shall not have any right, Vila or Interest in the Project or In Exhibit D Page / Page 7 !F any additions, repairs, replacements or modifications thereto except as expressly Provided In the Lease Agreement. If the Participant has paid ell Lease Payments during the TSrm of the Agreement, or upon deposit of the security deposit as provided In Section 406 hereof, ell right, title and Interest of the Corporation In and to the Protect shall be transferred to and vest In the Participant. Addltlonalty, If necessary, the Corporation shall authorize, execute and the Provislons of deliver to the Participant a bill of sale In order to release any and all liens created under the Lease documents required to terminate the Lease Agreement and consummate such transferlof title and release of liens. The Corporation agrees to defend and eliminate any claims adverse to the title to the Project, and to save and hold the Participant harmless therefrom; provided that the Corporation's obligations under this sentence shall not extend to claims arising out of actions by the Participant or persons asserting claims under it; Provided that the Participant shall reimburse the Corporation for any costs Incurred by the Corporation in defending or eliminating such Claims, Including reasonable attorneys' fees. Section 406. Security Deoos1t. (a) Notwithstanding any other provider, of the Lease Agreemmem, the Participant may, on any date, secure the payment of Lease Payments by depositing Irrevocably Into the Participant's Lease Payment Account with the Trustee (of Into a separate escrow account held by the Trustee or another escrow agent, created solely to pay a Participant's Lease Payments): (1) in the case of a security deposit relating to all Lease Payments, either (1) an amount which, together with amounts on deposit In the Participant's Lease Payment Account and the Participant's Reserve Account, Is sufficient thereof, In to pay eft unpaid Lease Payments, Including the principal and interest components Lease Agreement as then applicable, or 00 Federal Securities. togs therhwith cashth f required, In such amount as will, in the opinion of an Independent certified public accountant or a nationally recognized consultant acceptable to the Trustee, together with Interest to accrue thereon and, If required, all or a portion of moneys or Federal Securities then on deposit and Interest earnings thereon In the Participant's Lease Payment Account and the Participant's Reserve Account, be fully sufficient to pay all unpaid Lease Payments on their Due Dates; or (2) In the case of a security deposit relating to a portion of the Lease Payments both m a certificate executed by a Participant Representelive designating the portion of the Lease Payments to which the deposit pertains, and (I1) Federal Securities, together with cash, if required, In such Participant's LeaseePayment (Account atnd , if any, avaabe to be /or the Part ioipalnt's Reserve A released m (whin the availability shall be based upon an opinion of counsel whose opinions are customarily accepted In the marketing of tax - exempt securities to the effect that such release of moneys Is permitted by the terms of the Lease Agreement and the Trust Agreement and will not adversely affect the exclusion from gross Income for federal Income tax purposes Of the Interest component of Lease Payments) In the opinion of an Independent certified Public accountant or a nationally rezognized consultant acceptable to the Trustee, together with interest to accrue thereon, be fully sufficient to pay the portion of the Leese Payments designated in the aforesaid Participant Representative's certincate. E 0 ^ Page age 0 ee 7. (b) In the event of a deposit pursuanF:o this Section 406 with respect to all Lease Payments, all obligations of the,Porticipant under the Lease Agreement, and all security provided by the Lease Agreement for said obligations, shall cease and terminate, excepting only the obligation of the Participant to make, or cause to be made; Lease Payments from the deposit, made by the Participant pursuant to this Sectibn A06, `end title to the Project shall vest In the Participant on the date of said deposit automatically and without further action by the Participant or the Corporation, provided that title shall be subject to the subsequem payment 'of Lease- Payments from',uld deposit In , accordance with the provisions of the Lease Agreement Said deposit-shell be deemed to be and shall constitute a special fund for the payment of Lease Payments In accordance with the provisions of the Lease Agreement. Section 407. Abatement of Rental In the Event of Failure to Have Use and Possession of the Project. Tha Lease Payments shall be abated In whole or In part during any period during which by reason of damage or destruction (other than by- eminent domain which Is provided for In Section 609 hereof) there Is substantial K Interference with the use and possession of the Project by the Participant. The extent of j such abatement shall be In proportion to the portions of the Project damaged or destroyed, provided, however, that In the event such damage or destruction results in a redemption of Certificates, the resulting Lease Payments will be sufficient to pay all of that portion of principal and interest on the remaining Outstanding Certificates which k represent Interests In the Participant's Lease Payments. Such abatement shall not result so long as moneys in the Participant's Acquisition Account, the Padlclpant's Lease Payment Account and the Participant's Reserve Account and Net Proceeds of Insurance and rental Interruption insurance are sufficient to make Lease Payments when and as 6' due, It being hereby declared that such moneys and Net. Proceeds constitute special funds for the payment of Lease Payments. Such abatement or adjustment, if any, shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction, if any. In the event of 5' any such damage or destruction, this Lease Agreement shall continue In full force and effect and the Participant waives any right to terminate the Lease Agreement by virtue of any such damage and destruction. There shall be no abatement of Lease Payments to the extent that moneys derived from any person as a result of any defect or daiay In the acquisition or construction of the Project are available therefor or to the extent any portion of the Project Is discovered to have a design defect. _ Exhibit D F6 Page @ ARTICLE V MAINTENANCE. TAXES INSURANCE; AND OTHER MATTERS Section Sol Maintenance and Taxes. Throughout the Term of the Agreement, as part of the consideration for the rental of the Site and the Project, all Improvement, repair and maintenance of the Site and the Project shall be the responsibility of the Participant, and the Participant shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Site and the Project resulting from ordiney wear and tear or want of care on the part of the Participant thereof. The Participant shall comply with manufacturer or vendor requirements with respect to proper maintenance of the Project, if any. In exchange for the Lease Payments herein provided, the Corporation agrees to provide only the Site and the Project, as nereinbelcre more specifically set forth. The Participant shall also pay or cause to to paid to the Corporation all taxes of any type or nature charged to the Corporation or affecting the Site and the Project or the respective Interests or estates therein. Including, but not limited to, any sales tax, or affecting the amount available to the Corporation from Lease Payments received under the Lease Agreement for the retirement of the Certificates (Including taxes or assessments assessed or levlad by any governmental agency or district having power to levy taxes or assessments); provided, that with respect to governmental charges that may lawfully be paid in Installments over a psricd of years, the Participant shall be obligated to pay only such Installments as are required to be paid during the Term of the Agreement as and when the same shelf become due. The Participant, at the Participant's expense and In Its name, may In good faith contest and diligently pursue to conclusion any such taxes and other charges and, in the event of any such contest, may permit the tuxes or other charges so contested to remain unpaid during the period of such contest and any appeal th3refrom unless the Corporation shall notify the Participant that, In the opinion of Independent Counsel. by nonpayment of any such Items, the Interest of the Corporation in the Site and the Project will be materially endangered or the Site and the Project or any pert thereof will be subject to loss or forfeiture, In which event the Participant shall promptly pay such taxes or charges or provide the Corporation with full security against any loss wnich may result from nonpayment, In form satisfactory to the Corporation. Section 502. Modification of Project ' The Participant shall, at Its own expense, have the right to remodel the Project or to make additions and modifications thereto. All such additions and modifications shall thereafter comprise part of the Project and be subject to the provisions o' the Lease Agreement. Such additions and modifications shall not In any way damage the Project, substantially site, Its nature or cause It to be used for purposes other than thuse authorized under the provisions of state and federal law, and the Project, upon completion of any additions and modifications made pursuant to this Section, shall be of a value which Is slue' to or greater than the valve of the Project Immediately prior to the making of such additions or modification. The Participant may, at any time, add or substitute Items of equipment or Improvements for other Items of equipment or Improvements listed on Exhibit C to the Lease Agreement If such addition or substitution does not require an expenditure of amounts In excess of Exhibit D ��j/ Page 10 I amounts on deposit in the Participant's Acquisition Account plus anticipated earnings thereon p;us any additional amounts deposited by the Participant In the Participant's Acquisition Account. If the Items of equipment or Improvements added or substituted have a useful Zile equal to or greater than the Items of equipment or Improvements listed on Exhibit C to the Lease Agreement, If the Items of equipment or improvements added or substituted have a value which Is equal to or greater than the value of the Items of equipment or Improvements listed on Exhibit C to the Lease Agreement, and if the Participant files with the Trustee, as assignee of the Corporation, a certificate of a Participant Representative notifying the Trustee of such addition or substitution, Identifying the egelpment or improvaments added or the equipment or Improvements deleted and the equipment or Improvements substituted therefor, and certifying that amounts on deposit In the Participant's Acquisition Account, together with Interest earnings thereon, will be sufficient to pay all Acquisition Costs Including Acquisition Costs relating to such substituted Item. If the total cost of equipment or Improvements identified In Exhibit C to the Lasso Agreement exceeds the amount estimated therefor, the Corporation and the Participant acknowledge that the Participant shall delete items of equipment or Improvements not theretofore accepted In Exhibit C to the Lease Agreement (unless the Participant shall determine to pay costs thereof from Its general funds) and the Participant shall so notify the Trustee as assignee of the Corporation. The Participant will not permit any mechanic's or other lien to be established or remain against the Project for labor or materials furnished In connection with any remodeling, additions, modifications, repairs, renewals or replacements made by the Participant pursuant to this Section 502; provided that if any such lien is established and the Participant shall fast notify the Corporation of the Participant's Intention to do so, the Participant may, in good faith, contest and diligently pursue to conclusion any lien filed or established against the Project and In such event may permit the Items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom, and shall, at the time of commencement of such contest, provide the Corporation with full security against any loss or forfeiture which might arise from the nonpayment of any such Item, in form satisfactory to the Corporation. The Corporation will cooperate fully In any such contest, upon the request and at the expense of the Participant. Section 503. Public Liability and Property Damage Insurance. The Participant shall maintain or cause to be maintained, throughout the Tenn of the Agreement (but during the period of delivery and Installation of the Project only if and to the extent such Insurance Is not provided by the Contractors), a standard comprehensive general Insurance policy o, policies In protection of the Corporation and the Participant and their members, officers, agents and employees. Said policy or policies shall provide for mdemnlficatlon of said parties against direct or contingent loss or liability for damages for bodily and personal Injury, death or property damage occasioned by reason of the acquisition or operation of the Site and the Project. Said policy or policies shall provide coverage in the minimum liability limits of S1,00D.000 for personal injury or death of each person and $2,000,000 for personal Injury or deaths of two or more persons In each accident or event (subject to a deductible clause of not to exceed $500,000) and M.000 for damage to property resulting from each accident or event. Such public liability and property damage Insurance may, however, be in the form of a single limit policy In the amount of $2,000,000 covering all such risks. Such liability Insurance may be maintained as part of or In conjunction with any other liability Insurance coverage carried or regwred to be cabled by the Participant and may be maintained in the form of Exhibit D ^ Page 11 �°� a j self - insurance by the Participant so long as such sell - insurance Is determined annually by an Insurance Consultant to be actuadally sound, which determination shall be i provided to the Trustee. Section 504. Fire and Extended Coverage Insurance. The Participant shall procure, or cause to ba procured, and maintain throughout the Tenn of the Agreement (but during the period of delivery and Instalation of the Project only if and to the extent such Insurance Is not provided by the Contractors). Insurance against loss of or damage _ to any part of the Site and the Project by Ore and lightning, with extended coverage and hearty vandalism as practircable.. viernlossnof damageaiby explosion, windstorm Insurance do aircraft, vehicle damage, smoke, sprinkler damage and such other hazards as are normally covered by such Insurance. Such Insurance shall be In an amount equal to the replacement the Project or the outstanding relating to the Project. whichever Is greater (subject to a deductible clause of $50,000). Such Insurance may be maintained as part of or in conjunction with any other fire and extended coverage Insurance carded or required to be carried by the Participant and may be maintained in the form of self Insurance by the Participant so long as such actuarial sound which determination determined shall be provided to the Trustee. Independent Consultant to be y Prior to acquisition of the Project, or commencement of Project construction, the Participant agrees to complete and pass the Standard & Poor's Hazards Survey with respect to the earthquake probability for the Site and the Project. If the test Is not passed, the Participant agrees to assure or sell Insure for earthquake risks during the Term replacement lAcost ofnthe Insurance. principal shall be the Certificates then outstanding Insurrance may whichever is (ubject Inoconjuanct olniwith any casualty Insurance carried or required to be carded by the Participant and may be maintained In the forth of sell Insurance by the Participant so long as such self Insurance Is determined ennualty by an Independent Consultant to be actuarially round, which determination shall be provided to the Trustee. Section 505. Rental Interruption insurance. (a) The Participant shall procure and maintain throughout the Tenn of the Agreement rental interruption Insurance to cover loss, total or partial, of the use of any part of the Site and the Project as the result of any of the hazards covered In the Insurance required by Section 504 of the Lease Terms and Conditions, in an amount _ sufficient to pay the maximum annual amount of Lease Payments due under the Lease Agreement In any year The Net Proceeds of such Insurance shall be paid to the Trustee t for deposit in the Participant's Lease Payment Account, and shall be credited towards the payment of the Lease Payments in the order In which such Lease Payments come due and payable. (b) The Participant shall not be required to maintain the Insurance specified in paragraph (a) above so long as W the casualty Insurance required to be maintained under Section 504 hereof Is maintained In the form of self Insurance: and VI) the Participant provides evidence to the Trustee and the Corporation that the Participant has Exhibit D Page 12 (Q segregated additional amounts sufficient to pay maximum annual Lease Payments due under the Lease Agreement In an Participant covenants to maintain such reserve uintil the Termination Date and to adjust any casualty claims relating to the Project within 14 days. Notwithstanding the foregoing. If for any reason the Participant Is unable to adjust such claim within 14 days; the Trustee shall, at the request of the Participant and pursuant to Section 306 of the Trust Terms and Conditions, transfer moneys in the Reserve Fund to the Insurance and Condemnation ,• Fund to be disbursed es provided In the Trust Agreement. Section 506, Insurance Net Proceeds- Form of Policies. The policies of Insurance required by Sections 504 and 505 of the Lease Terrns and Conditions shall provide that all proceeds thereunder shall be payable to the Trustee pursuant to a lender's loss Payable endorsement substantially In accordance with the form approved by the Services such Insurances all be paitlt the Trustee California Association. e Net Proceeds of to be applied as provided Section 305 of the Trust Terms and Conditions or Section 510 of the Lease Terms and conditions, as the case may be. All policies of insurance, or certificates of Insurance, required by the Lease Agreement, and any statements of self - Insurance, shall be delivered to the Trustee. The Participant shall pay or cause to be paid when due the premiums for all Insurance policles required by the Lease Agreement, and shall promptly furnish or cause to be furnished evidence of such payments to the Trustee. All such policies shall provide that the Trustee shall be given thirty (30) days' notice of each expiration, any intended cancellation thereof or reduction of the coverage provided thereby. The Trustee shall be fully protected in accepting payment on account of such Insurance or any adjustment, compromise or settlement Of any loss agreed to In good faith by the Trustee. The Participant shall cause to be delivered to the Trustee on each October 1, commencing October 1, 1030, evidence that the Insurance coverage required by the Lease Agreement are in full force and effect. The Participant shall file annually with the Trustee a certificate signed by the finance director or risk manager N the Participant to the effect that the Participant is In conformance with the insurance requirements of Ssctlons 503 through Section 506 hereof and the Trustee may rely concfusivcly on such certificate. Section 507 Advances. If the Participant shall fail to perform any of lis obligations under this Arlicfe V, the Corporation may, but shall not be obligated to, take. _ such action as may be necessary to curO such failure, including the advancement of money to the Participant, and the Participant shall be obligated to repay all such advances as soon as possible, with interest at the rate of ten percent (10 %) per annum from the date of the advance to the date of repayment, but In no event shall such rate exceed the maximum legal rate of Interest. Section 506 Liens. The Participant shall not, directly or Indirectly, create, Incur, assume or suffer to exist any pledge. lien. charge, encumbrance or claim on or with respect to the Site and the Project, other than the respective rights of the Corporation and the Participant as herein provided and Permitted Encumbrances. Except as expressly provided in this Article V, 1 e Party -ant shall promptly, at Its own expense, take such action as may be necessar, tr ..ury discharge or remove any such mortgage, pledge, lien, charge, encumbrance or Ir hm for which It Is responsible, If the same shall arise at any time. The Participant a II reimburse the Corporation for any expense p Exhibit 0 C �� A Page 13 Incurred by it In order to discharge or remove any such pledge, lien, charge, encumbrance or claim. Section 509. Eminent Domain. It all or part of the Project Is taken under the power of eminent domain, the Net Proceeds from any award resulting thereffom shall be deposited with the Trustee pursuant to Section 510(b) of the Lease Tortes and Conditions and the Participant Representative shall file a certificate with the Trustee as provided In Section 305(b) of the Trust Terms and Conditions. If the Project Is taken in whole pursuant to such eminent domain proceedings or is taken In part to such extent that the remaining portions of the Project are no longer useful for the purposes originally Intended, the remaining Lease Payment obligations of the Participant will be abated in full and this Lease Agreement shall thereupon be terminated. Otherwise, this Lease Agreement shall continue In full force and effect and shall not be terminated by virtue of such taking and the parties waive the benefit of any law to the contrary. In the event the Project have been taken In part and the remaining portions thereof are still useful for the purposes originally Intended, (1) If the Certificates are redeemed pursuant to Section 512(b) of the Trust Terms and Conditions, there shall be a proportionate abatement of Lease Payments such that the resulting Lease Payments will be sufficient to pay all of that portion of principal and Interest with respect to the remaining Certificates which represent Interests in the Participant's Lease Payments, and (2) II the Participant elects to replace the Project pursuant to Section 305(8)(0 of the Trust Terms and Conditions, the Lease Payments will be abated in proportion to the portion of the Site and the Project so taken, which abatement shall end with the substantial completion of the replacement of each discrete portion of the Project. Such abatement shall not result so long as any available moneys on deposit with the Trustee, including but not limited to, moneys In the Participant's Lease Payment Account and the Participant's Reserve Account are sufficient to make Lease Payments when and as due, it being hereby declared that such moneys constitute special funds for the payment of Lease Payments. Section 510. Application of Net Proceeds. (a) From Insuranne Award, The Net Proceeds of any Insurance award resulting from any damage to or destruction of the Project by fire or other casualty shall be deposited in the Insurance and Condemnation Fund to be held and applied by the Trustee pursuant to Section 2.9 of the Trust Agreement and Section 305 cf the Trust Terms and Conditions. Upon such deposit a Participant Representative shell file e certificate with the Trustee as provided In such Section 305 and such Net Proceeds $hair be applied by the Trustee as provided in such Section 305. _ (b) From Eminent Domain Award. The Not Proceeds of any aminent domain award resulting from any event described In Section 509 of the Lease Terms and Conditions shall be deposited in the Insurance and Condemnation Fund to be held Pad applied by the Trustee pursuant to Section 2.9 of the Trust Agreement and Section 30.5 of the Trust Terms and Conditions. Upon such oaposit a Participant's Representative shall file a certificate with the Trustee as provided in such Section 305 and such amounts shall be applied by the Trustee as provided In such Section 305. Section 511 Title Insurance. The Participant shall, prior to the disbursement of moneys from the Participant's Acquisition Account, deliver to the Trustee a CLTA title Insurance policy insuring the Participant's fee title estate In the Site, the Corporation's Exhibit D 0 9S Page 14 leasehold estate In the Site, the Corporatlon's leasehold estate In the Site and the -, Participant's leasehold estate In the Site and the Project In an amount equal to the total principal amount of lease Payments due hereunder and subject only to Permitted Encumbrances. Such policy shall provide that the Trustee is a loss payee thereunder. Section 512. Agreement to Pay Trustee's Fees. The Participant agrees to pay to the Corporation, upon receipt of a request therefor, the Participant's share of (,%-a and expenses, Including, without limitation, the fees and disbursements of attorneys, accountants and other experts, charged to the Corporation by the Trustee' for the performance by the Trustee of Its duties under the Trust Agreement calculated according to the same proportion as the Principal Amount bears to the total principal amount of the Certificates of Participation. The Participant shell not be obligated to pay any portion of the fees or expenses of the Trustee readily attributable to another Participant. Section 513. Private Business" Use Limitation. The Participant represents and covenams that m not In excess of ten percent (10 %) of the Net Proceeds of the Certificates are used for a Private Business Use if, In addition, the payment of more than ten percent (10 %) of the principal or ten percent (10 %) of the Interest components of Lease Payments due during the term of the Lease Agreement Is. under the terns of the Loose Agreement or any underlying artangement, directly or Indirectly, secured by any Interest in property used or to be used for a Private Business Use or In payments In respect of property used or to be used for a Private Business Use or Is to be derived from payments, whether or not to the Participant. In respect of property or borrowed money ised or to be used for a Private Business Use: and (ip that, In the event that both (A) In excess of five percent (5 %) of the Net Proceeds of the Certificates are used for a Private Business Use, and (B) an amount In excess of five percent (5 9A) of the principal or five percent (5 %) of the Interest components of Lease Payments during the term of the Leese Agreement Is, under the terms of the Lease Agreament or any underlying artangement, directly or Indirectly, secured by any Interest In property used or to be used for said Private Business Use or In payments In respect of property used or to be used for said Private Business Use or Is to be derived from payments, whether or not to the Participant, In respect of property or borrowed money used or to be used for said Private Business Use, then said excess over sold five percent (5 %) of Net Proceeds of the Certificates used for a Private Business Use shall be used for a Private Business Use related to the governmental use of the Project. Section 614. Private Loan Prohibition. The Participant represents and covenants that not in excess of five percent (5 %) of the Net Proceeds of the Certificates Is used. directly or Indirectly, to make or finance a loan (other than loans constituting Nonpurpose Obligation Investments) to persons other than governmental units. Section 515. Federal Guarantee Prohibition. The Participant shall take no action or permit or suffer any action to be taken if the result of the same would be to cause the Lease Payments to be 'federally guaranteed' within the meaning of Section 14%b) of the Code and Regulations promulgated thereunder Exhibit D 94 Page 15 i ARTICLE VI •'s DISCLAIMER OF WARRANTIES; ACCESS :y a Section 601 hie aliner of Warranties. THE CORPORATION AND ITS ASSIGNS MAKES NO WARRANTY O,i t,E?RcSEDITATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, 'DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR, PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE PARTICIPANT Or- THE PROJECT OR ANY ITEM THEREOF ,.OR ANY OTHER REPRESEI7ATION OR WARRANTY WITH RESPECT TO THE PROJECT OR ANY ITEM THEREOF. IN NO EVENT SHALL THE CORPORATION AND ITS ASSIGNS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSECUENTIAL DAMAGES, IN CONNECTON WITH OR ARISING OUT OF THE LEASE AGREEMENT, FOR THE EXISTENCE, FUh4ISHING, FUNCTIONING OR THE PARTICIPANTS USE OF THE PROJECT Section 602. Particio3it's Right to Fnforce Warranties. The Participant shall have all rights with respect to the warranties of the Contractors with respect to the Prtgeet, and the dght to enforce such warranties against the Contractors, If the Corporation Is ever required or requested by the Participant to enforce a% werrarry with respect to the Project on behalf of the ParticipaA, the Participant shall reknbume the Corporatlur for any costa Incurred by the Corporation In the enforcement of such warranty. Inciuding reasonable attorneys, toes. Neither breaches by vendors nor design defects shall constitute cause for abatement under the Lease Agreement. Section 603. ;orporation Access to the Site and the Protect, late Portldpant agrees that the Corporation, any Corporation Representative and the Corporation's successors or assigns, shall have the right at PJl reasonable times to examine and Inspect the Site and the Project. The Participant further agrees that the Corporation, arty such Corporat!on Representative, and the Corporation's successors or assigns shall have such rights of access to the Site and the Project as may b5 reasonably necessary to cause the proper maintenance of the S!te and the Project In the event of failure by the Participant to perform Its obligations under the Lease Agreement. Exhibit 0 ,i Page 78 9."7 ,,,, ARTICLE VII ASSIGNMENT, SUBLEASING AND INDEMNIPa,ATION Section 701 Assignment by Comoreticn. The Corporation's rights under the Lease Agreement, Including, but not limited to, the right to receive and enforce payment of the Lease Payments to be made by the Participant under the Lease Agreement have been assigned to the Trustee pursuant to the Assignment Agreement. Section 702. Assignment grid Subleasing by the Participant. The Lease Agreement may be assigned or subleased by the Participant, provided, that any sublease or assignment shall be subject to all of the following conditions: p) The Lease Agreement and the obligation of the Participant to make Lease Payments under the Lease Agreement shall remain obligations of the Participant; and ()The sublessee or assignee shall assume the obligations of tie Participant under the Lease Agreement to the extent of the Interest subleased or assigned; amt Oil) The Participant shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to the Corperatlon and the Trustee a true and complete copy of such sublease or assignment: and Vv) 140 such sublease or assignment by the Participant shall cause the Project to by used for a purpose other than a governmental or proprietary function authorized under the provisions of the Constitution and laws of the State of California; and (v) The Participant shall have delivered to the Trustee an opinion of notionally recognized bond counsel to the effect that such sublease or assignment shall not cause the Interest component of the Lease Payments dt a with respect to the Project to become Includable in gross Income for purposes of federal Income taxes or subject to State of California Income taxes. Section 703. Release and Indemnification Covenants. The Pfrticlpant shall and hereby agrees to indemnity and save the Corporation and the Trustee, their directors, executive board members, members, officers, employees and agents harmless from and against all claims, losses and damages, Including legal fees and expenses, arising out of 01 the use, maintenance, condition or management of, or from any work or thing dons on the Site and the Project by the Participant, p) any breach or default on the part of the Participant in the performance of any of Its obligations under the Lease Agreement, (Ii) any act or negligence of the Participant or of any of Its agents, contractors, servants, employees or licensees with respect to the Site and the Project, (IV) any act or negligence of any assignee or sublessee of the Participant, or of arty agents, contractors, servants, employees or licensees of any assignee or sublessee of the Participant with respect to the Site and the Project, (v) the delivery, installation and acquisition of the Project or the authorization of payment of the Acquisition Costs by the Participant. No Indemnification Exhibit C / �C Pag 17 C� O 4 v Is made by the Participant under this Section 703 or elsewhere In these Lease Terms and Conditions or In the Lease Agriement for willful misconduct or negligence under this Loose b•/ the Corporation or the Trustee, their officers, agents, employees, successors or assigns, or (vq the exercise or performance of the Trustee's duties end powers under the • Trust Agreement and this Lease Agreement to the extent permitted by law. rA, Exhibit 0 J5 t 4 1� Page 18 3 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 801. Events of Default Defined. The follow,ng shall be 'events of default' under the Lease Agreement and the terms 'events of default' and 'defouh' shall moan, whenever they are used In the Leass Agreument, any one or more of the following events: () Failure by the Participant to pay any Lease Payment or other payment required to be paid under the Lease Agreement at the time specified therein. p) Failure by the Participant to observe and perform any covenant, condition or agreement on Its part to be observed or performed, other than as referred to In clause W of this Section 801, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied has been given to the Participant by the Corporation, the Trustee, or the Owners of not less than twenty -five percent (25 %) In aggregate principal amount of the portion of Certificates then outstanding representing Interests in such Participant's Lease Payments; provided, however. If the failure stated In the notice cannot be corrected within the applicable period, the Corporation, the Trustee and such Owner, w61 not unreasonably withhold their consent to an extension of such time It corrective action is Instituted by the Participant within the applicable period and diligently pursued until the default Is corrected. 811) The filing by the Participant of a voluntary petition Jr..;ankruptcy, or failure by the Participant promptly to lift any execution, (jamishm nt or attachment, or the filing of an involuntary petition in bankrup —y against the Participant which petition shall not have been withdrawn within a' ' (60) days, or assignment by the Participant for the benefit of creditors. or entry by the Participant Into an agreement of composition with creators, or the approval by e court of competent jurisdiction of a petition applicable to the Participant In any proceedings instituted under the provisions of the federal bankruptcy law, or under any similar acts which may hereafter be enacted. Section 802. Remedies on Default. Upon the occurrence and continuance of any event o. default specified in Section 8016) or 801(61) hereof, the Trustee, as assignee of the Corporation, shall proceed, or upon the occurrence of an event of default specified In Se ficn 801 p) of the Lease Terms and Conditions, may proceed, and upon written request a. the Owners of not less than a majority in aggregate principal amount of the portion t.f Certificates representing Interests in such Participant's Lease Payments then outstanding after provision of indemnification satisfactory to the Trustee as provided In Section 4.03 of the Trust Terms and Conditions, shall proceed, to: (1) Protect and enforce the Lease Agreement by such judicial proceeding as the Corporation or Its assignee shall deem most effectual, either by suit In equity or by action at low, whether for the specific performance of any covenant or agreement contained In the Lease Agreement, or In aid of the exercise of any power grented In the Lease Agreement, or to enforce any other legal or equitable Exhibit D �7 Pepe to /D� right vested in the Corporation or Its assignee by the Lease Agreement or by law; or go Take possession of the Project and exclude the Participant from using It until the default Is cured, holding the Participant liable for the Leasa Payments and other amounts payable by the Participant prior to such taking of the Project under and pursuant to the Lease Agreement and the curing of such default; or pro Take whatever action Law or In equity may appear necessary or desirable to enforce the Ccrporatlon's rights as the owner of the Project. Including termination of the Leave Agreement and the repossession and lease of the Pry'?ct. Section 603. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Corporation Is Intended to be exclusive and every such remedy shall be cumulative and shall be In addition to every other remedy given under the Lease Agreement or now or hereafter existing at law or in equity. No delay or omtsslon to exercise any right or power accruing upon any default shall Impair any such right or power or shall be construed to be a walvor thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Corporation to exercise any remedy reserved to It In thla Article VIII, It shall not be necessary to give any nctice, other than such notice as may be required in this Article VIII or by law. Section 804. Agreement to Pay Attomevs' Foes and Expanses. In the event either party to the Lease Agreement should default under any of the provisions thereof and the nondefaulting parry should employ attorneys or Incur other expenses for the collection of monies or the enforcement or performance or observance of any obligailon or agreement on the part of the defaulting party herein contained, the defaulting party agrees that It will on demand therefor pay to the nondefaulting party thn reasonable fees of such attorneys and such other expenses so Incurred by the nondefaultlng party. Section 605. No Additional Waiver Implied by One Waiver. In the event any covenant contained In the Loase Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other oreach under the Lease Agreement. Exhibit D Page 20 261 -h5'J• � - ARTICLE IX OMON TO PURCHASEr OPTION TO PSfPAY Section 901 Purchase OpVon. The Participant shall have the option to purchase the Project on • attar October i, _, end only in the m.inner provided In this Artiste. =. Section 002. Exercise of Option. The Participant may exercise Its option to + purchase the Project on any April 1 or October 1, commencing October 1, by paying a purchase price equal to tha smount nacessary to prepay the unpaid principai portion of Lease Payments In whole, plus premium. If any (as set forth in Section 904 hareop. plus accrued Interest on such principal porticn to the applicable April i or October 1 set for redemption of the Certificates. Such pufchase price shall be depot +tad by the Trustee !n the Participant's Lease Payment Account to be applied to the redemption of Certificates ?s+' pursuant to Section 612 of the Trust Terms and Conditions. The Participant shall give the Corporation and the Trustee notice of Its Intention to exercise Its option not less than forty -five (45) days In advance of the date of enerc se, and shall deposit with the Trustee on the date which Is three (3) Bu;dness Days or more prior to said April 1 or October 1, an amount equal to the unpaid principal amount of Lease Payments, phra premium, If any, plus accrued Interest on such principal portion of Lease Payments to such April 1 or October 1 If the Participant exercises its option to purchase th& Project pursuant to this Section 902, any amount then on hand In the Participant's Reserve Account, the < Participant's Lease Payment Account (excluding amounts required fnr payment of past due principal or Interest with respect to Certificates not presonted for payment), and the Participant's account In the Insurance and Condemnation Fund shall be applied towards I�r the payment of the applicable purchase plea to be paid by the Partidpant If the Participant shall have given notice to the Trustee of its Intention to purchase the Project, c but shad not have deposited the purchase pdLe with the Trustee on the date specified In such notice, the Participant shall continue to pay Lease Payments as If no such notice had been given. Section 903. Transfer of Title and Relbose of Corporation's Interest. Upon exercise by the Participant of Its option to purchase the Project. all right, title and irterest of the Corporation In and to the Project &.'tail be transferred to the Participant. Section 904. Option , to Prepay. The Participant shall have the option to prepay In whole or In part on Integral multiples of 55.000, but not In an amount ul lass than 520,000) the principal component of Lease Payments on the following dates at the following prepayment prices (expressed as a percentage of the principal amount prepaid): Prepayment Date Prepayment Price October 1. and April 1, _ October 1, _ and APO! 1, _ October 1, and April 1, _ October 1, and April 1, _ October 1. and each April 1 _ any October t thereafter 100 Exhibit D Page 21 �O i- i' .. 1- "C•3,ni..a-^v...:x�.4f.— Yi�.`6 °3-w��.+' {�{�'r't,._. �; raa" ^r .•.t a -• J ��� -• ��:.'•- tlr4eY`It '�N�'.�:S.r^n'4:� _• .. The Participant shall give in9.Corporation and the Trusteo notice of hs Intention to f exercise Its option cot less than forty —gve (45) days in advance of the date of exercise , and shall deposit with the Trustee on or Prior tu,three (3) Buslness.Days pdol to said F„ April 1 or October 1, an amount equal to the principal component:of Lease Payments ' being larepeld, plus the appllcablo- premiunl plus accrued interest-to the date Of redemption. In the event such Partia'pant gives notice to the Trustee ui•hs Intention to exercise such option but fsJ's to depo3h Wh the Tnmtea on-or prior 'tu the redemption date an amount equal to the redemption "lance, such Participant shall be obligated to �•�, continue to pay Lease Payments as if no such notice were given and no prepayment or redemption shall occur - _ : • In the event of the Participant's . exercise of Its option to' prepay In. part the ' principal component of Lease Payments, the amount of Lease Payments to be paid by I Participant over the remaining tens of the_Lease Agreement shall be'ed(usted so es to .effect such prepayment of the principal component of Lease Payments. Exhibit D Page 22 763 ARTICLE X MISCELLANEOUS Section 1001 Notices. All notices, certificates or other communicatlons f hereunder shall be sufficiently given to the Corporation, the Participants and the Trustee and shall be deumed to have been received forty -eight (48) hou.5 after deposit in the United States mall with postage fully prepaid when sent to the addresses shown on Exhibit E to the Lease Agreement. The Trustee, the Corporation and the Participant, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. Section 1002. Binding Effect. The Lease Agreement Mall Inure to the benefit of and shall be binding upon the Corporation and the Participant and their respective successors and assigns and the Trustee shall be deemed to be a third party beneficiary under this Leaee Agreement. Section 1003. Severabllity. In the event any provision of the Lease Agreement shall be held invalid or unenforceable by any court of competent (u.isdictlon, such holding shall not Invalidate or render unenforceable any other provision thereof. Section 1004. Amrmmnents. Changes and Modifications. The Lease Agreement may be amended or any of Ire terms modified wits the written consent of the Participant and the Corporation; provided, that no such amendment shall become effective unless approved by the Tnstes In accordance with Section 701 of the Trust Terms and Conditions, and provided, that prior written approval of the Trustee shall be required If any such amendment affecN the rights of the Trustee. Section 1005. Net - net -net Lease. The Lease Agreement shall be deemed and construed to be a 'net- net -net lease' and the Participant hereby agrees that the Lease Payments shall be an absolute net return to the Corporation, free and clear of any expenses, charges or set -offs whatsoever Section 1000. Further Assurances and Corrective Instruments. The Corporation and the Participant agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and daliverod, such supplements hereto and such further Instruments as may reasonably be required for correcting any Inadequate or Incorrect description of the Project hereby leased or Intended so to be or for carrying out the expressed Intention of the Lease Agreement. Section 1007 Execution In Counterparts. The Lease Agreement may Ge executed In several counterparts, each of which shall be an original and all of which shell constitute but one one the same Instrument. Section 1000. Applicable Law. The Lease Agreement shall be governed by and construed In accordance with the laws of Ins State of California. Exhibit D Paga 23 Y Section 1009. Corporation and Participant Renresentetives. Whenever under the Provisions of the Lease Agreement the approval of the rorporation or the Participant is required, or the Corporation or the Participant Is required to take.eome action at the request of the other, such approval or such request &hall be given for the Corporation by a Corporation Representative and for the Participam by a Participant Representative, and any party hereto shall be authorized to rely upon any such approval or request. Section 1010. Captions With the exception of headings stating that a particular section or sections applies to less than both of the Participants, the captions or headings In the Lease Agreement are for convenlence only and In no way denne, limit or describe the scope or intent of any provisions or section of the Lease Agreement. Exhibit D Page 24 ■: I;l s; EXHIBIT E ADDRESSES FOR NOTICE PURPOSES If to the Corporation: California Chles Financing Corporation 1400 K Street, Suite 400 Sacramento, CA 95814 Attention: Secretary It to the PartiGpant: City of Rancho Cucamonga 8320 Baselin Road, Suite C Rancho Cucamonga, CA 84580 Attention: Finance Director If to the Trustee: Attention: Exhibit Page 1 l EXHIBIT F CONTRACTS ASSIGNED TO CORPORATION None Exhibit F -;70Z Page 1 ® y I EXHIBIT 0 DESCRIPTION OF PREVIOUSLY ACQUIRED PORTION OF THE PROJEC' None Exhlbtt 0 7n S Page 1 I EXHIBIT H DESCRIPTION OF SITE - That parcel of land In the City of Rambo Cucamonga, County of San Bernardino, State of California. described as follows: 1' Exhibit H Page i �� % 4 1m14 j"*e uftr (FORM OF FINAL OPINION OF SPECIAL COUNSEL] (Closing Dote] City Council of the City Council of the City of Atwater City of Rancho Cucamonga 750 Bellevue Road 9320 Baseline Atwater, California 95301 Recho Cucamonga, California 91730 City Council of the City Council of the City of Burbank City of Tracy 275 East Olive Avenue 300 East Tenth Street Burbank, California 81502 Tracy, Celifomla 95376 City Council of the City of Newman 1200 0 Street Newman, Calhomia 85360 =a OPINION: $ Certificates of Participation, California Cities Financing Corporation, 1988 Series B. Evidencing Undivided Fractional Interests of the Owners Thereof in Lease Payments to be Made by One or More of the Cities of Atwater, Burbank, Newman, Rancho Cucamonga and Tracy, California, as the Rental for Certain Property Pursuant to Leaso Agreements with the California Cities Financing Corporation Members of the City Councils: We have acted as special counsel In connection with the delivery by the Cities of Atwater, Burbank, Newman, Rancho Cucamonga and Tracy, California. (the 'P361cloants'), of Lease Agreements, each dated as of October 1, 1968, by and between the California Cities Financing Corporation (the 'Corporation') and each of the Participants (the 'Lease Agreements'), pursuant to the California Government Code. The Corporation has, pursuant to the Assignment Agreement, dated as of Octuber 1, 1989 (the 'Assignment Agreement), by and between the Corporation and ' as trustee (the 'Trustee). assignad certain of Its rights under the Leaso Agreements, lid City of Atwater City of Burbank City of Newman City of Rancho Cucamonga City of Tracy (Closing Date) Page Two Including Its right to receive lease payments made by the Particlparts thereunder (the 'Lease Payments'), to the Trustee. Pursuant to the Trust Agreement, dated as of October 1, 1888, by and among the Trustee, the Corporation and the Participants (the Trust Agreement). the Trustee has executed and delivered certificates of participation (the 'Certificates') evidencing undivided fractional Interests of the owners thereof fr. (he Lease Payments. We have examined the law and such certified proceedings and otter papers as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of lhs Participants contained In the Lease Agreements and In the certified proceedings and certifications of public officials and others furnished to us without undertaking to verify the some by Independent Investigation. Based upon our examination, we are of the opinion, under existing law, as follows: 1 The Participants are each duly created and validly existing as a municipal corporation and general law city with the power to enter Into the Lease Agreement and the Trust Agreement and to perform the agreements on Its part contained therein 2. The Lease Agreements have been duly authorized, executed and delivered by the Participants and arc obligations of the Participants valid, binding and enforceable against the Participants In accordance with their terms. 3. The Trust Agreement and the Assignment Agreement are valid, binding and enforceable he accordance with their terms. 4. Subject to the terms and provisions of the f.ease Agreements, the Lease Payments are payable from general funds of the Cities of Atwater, Newman, Rancho Cucamonga and Tracy lawfully available therefor, and from Net Revenues of the Enterprise (as such terms are defined In Its Lease Agreement) by the City of Burbank. By virtue of the Assignment Agreement, the owners of the Certificates are entitled to receive tneir tractional share of the Lease Payments In accordance with Me provk+lons of the Trust Agreement. S. The portion of the Lease Payments designated as and comprising Interest and received by the owners of the Certificates Is excluded from gross Income for federal Income tax purposes and Is not an Item of tax preference for purposes of the federal alternative minimum tax Imposed on Individuals and corporations; It should be noted, however, that, for the purpose of computing the alternative minimum tax Imposed on corporalln�s (as defined for federal Income tax purposes), such Interest Is taken Into account In deteimfning adjusted net book income (adjusted current eamin,s for taxable years beginning after December 31, 1989). -he Lease Agreements executed by the Cities of Atwater. Newman and Burbank are 'qualified tax - exempt obligations' within the 7�� City of Atwater $ City of Burbank City of Newman City of Rancho Cucamonga City of Tracy ` .e ICIo3ing Date] Pago Three meaning of section 2f5(b)(31 of the Internal Revenue Code of 1986 (the 'Code), and, in the case of certain financial`Institutions (within the meaning of section 265(bx59 of,the Code), a deduction Is allowed for 80 percent of that portion of such financial Institutions' Interest expense allocable to Interest payable with respect to the Certificates attributable to the Cities of Atwater. Newman and Burbank. The opinions set forth In the preceding sentences are subject to the condition that the Participants comply erith 90 requirements of the Code that must be satisfied subsequent to the delivery of.tne_Lease Agreements In cider that Such hterest be, or continue to be, excluded frora gross income 4or federal Income tax purposes. The Participants have covenanted to comply with each such requirement. Falldre to Comply with certain of ouch requirements may ca(rse the Incluslon of such Interest In gross income for federal income tax purposes to be retroactive to the data of delivery of the Lease Agreements. We express no opinion regarding other federal tax consequences arising with respect to the Lease Agreements and the Certificates. 6. The portion of the Lease Payments designated as and comprising Interest and received by the owners of the Certificates Is exempt from personal Income taxation Imposed by the State of California. The rights of the owners of the Certificates and the enforcesb8ly of the Lease Agreements, the Truat Agreement and the Assignment Agreement may be subject to bankruptcy, Insolvency, reorganization, moratorium and other similar law3 affecting creditors' rights heretofore or hereafter enacted and may also be subject to the exercise of Judicial discretion In appropriate cases. Respectfully submitted. A Professional Law Corporation 23710 I,ie•10 M CCOIY Otq L'V. �g RESOLUTION NO. 88-- A RESOLUTION Of THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFIYSIA, APPROVING, AUTHORIZING AND DIRECTING EXECUTION OP CERTAIN LEASE FINANCING DOCIfdENTS, AUTHORIZING AND DIRECTING EXECUTION OF A PURCHASE AGREENEET, APPROVING 1ftE POEM AND AUTHORIZING THE DISTRIBUTION Of A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE OFFER'No AND SALE OF CERTIFICATES Of PARTICIPATION RELATING THERETO, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS VITH RESPECT THERETO RESOLVED. by the City Council of the City of Rancho Cucamrnga (the 'City'): WHEREAS. t.1e City. working together with the Cities of Atwater, Burbank and Newman (collectively. the 'Participants% and the California Cities Financing Corporation (the 'Corporation). is proposing to proceed with a Joint lease financing; and WHEREAS. In connection therewith, the City proposes to Iin.mce certain property described In Exhibit C to the Lease Agreement (as hereinafter dalmed) (the'Pro)ect') and It Is In the public Interact and for the public benefit that the City authorize and direct execution of the Lease Agreemont and curtain other financing documents In connection therewith; and WHEREAS. pumajart to the City's authorization, Stone & Youngberg (the 'Undcrwater') proposes to underwrite Lhe financing and has prepared and presented to the City a .arm of preliminbry offelat statement (the 'Preliminary Official Statement') contalning InfGrmatlon matedcl to the offering end sale of the Certificates of ?artirlpatlon (as he.einaher defined); and WHEREAS. the documents below specified have been filed with the City, and the members of b:e City Council, with the aid of Its staff. have reviewed said documents; NOW, THEREFORE, It Is hereby ORDERED and DETERMINED. as follows: SECTION 1 The below - enumerated documents be and are hereby approved, and the Mayor, City Manager or Finance Director is hereby authorized and d!rected to execute said documents, oth such changes, Insertions and omissions as inay be approved by such official, and the City Clerk 13 hereby authorized and directed to attest to such official'e signature: (a) a site lease, between the City, as lessor, and the Corporation. as lessee; 7l3 z. ITS o (b) a lease agreement, relating to the Project, between the Corporation, as lessor, and the City, as IM03 (the 'Lease Agreement!, so long as the term of the Lease Agreement does not exceed seven M years, so long as the principal amount of the Lease Agreement does not exceed !11900,000 and so long as the € lease payments payable by the City under the Lease Agreement in arty twelve- month period beginning on the or b,ersary of the date of the Lease Agreement In each year and ending on the day r.rior to the anniversary date of the date of the Lease Agreement In the following year do not exceed $1,400,000; and a (c) a trust agreement, by and among the Corporation, the Participants and Bank of America National Trust and Savings Association, San Francisco, ` California, relating to the financing of the Project, and the execution and delivery of certificates of participation evidencing the fractional Interests of the owners thereof In lease payments to be made by the City under the Lease Agreement and In the lease payments to be made by the other Participants under separate lease agreements ghe'Certificates of Participallon '). SECTION 2. A purchase agreement by and among the Underwriter and the Participants relating to the purchase by the Underwriter of the Certificates of Participation, be and Is hereby approved, and the Mayor, City Manager or Finance Director Is hereby authorized and directed to execute said agreement, with such - changes. Insertions and omisslons as may be approved by such official, so long as the Interest rate with respect to the Certificates of Participation will not produce annual lease payments payable under the Lease Agreement In any twelve -month period beginning on the anniversary of the date of the Lease Agreement h each year rind ending on the day prior to the anniversary date of the date of the Lease Agreement In the following year In excess of $1,400,000, so long as the principal amount of the Certificates of Participation attributable to the City will not exceed $6,900,000 and so long as the Underwriters discount with respect to the Certificates of Participation does not excew 2%. SECTION 3. The Mayor, City Manager, Finance Director, City Clerk and other officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. SECTION 4. To the best of the City's knowledge, Information and belief, the Preliminary Offidal Statement contains no untrue statement of a material fact with respect to the City or omits to state a material fact wah respect to the City required to be stated where necessary to make any statement made therein not m.steading in the light of the circumstances urv]er which It was made. SECTION 5. The Preliminary Official Statement Is approved for distribution In cennectlon with thu offering and sale of the Certificates of Participation. SECTION 6. The Mayor, City Manager or Finance Director Is authorized to approve corrections and additlons to the Preliminary Official Staten:ant by supplement or amendment thereto, or otherwise as appropriate, provided that any such corrections or additions shall be necessary to cause the Information contained therein to conform with facts material to the Certificates of Participation, or to the proceedings of the City or such corrections or additions are in form rather than In substance. -2- 7iv I hereby certify that tho foregoing resolution was duty adopted at a meeting of the . City Council of the City of Rancho Cucamonga duly held on the 17th day of August. IMs. by the following vote: AYES: NOES: ASSENT: City clerk SECTION 7. ;The Ma r; C Manager or Finance Director Is authorized and Yo hY g lr directed to cause the Prelimlrwry Official Statement to be brought Into the form of a final , official statement (the`;'FinaI ° Official. Statement,) and to •execute_'sald,Final'0f11ofal,y »•r, f ' "; Statement, dated ,9a of�the date of the saie'of the - Certificates of Parficlpstion:'and;a, •. statement that thti facts contained Irl the Final'Official Statenrcnt, and any &uppkrtient or s amendment- thereto (which shell be deemed an original part thereof for the purpose of such statement) Were' 'at tho'tlrrie-of sale of the 'Certificates of Partldpetion; true and correct In all material respecte,and that the Final Otfcial Statement did not, on the date' of sale of the Certificates of Participation,, and does not; as of the-date'of delivery of the Certificates of Partrcipatlon:'oontain ariy untrue statement of a material fact with respect to the City or omit to state material facts with respect to,ttie Clty`reauired to be stated i where necessary to make any statement made therein not misleading In the fight of the circumstances under which it was made. The,Mayor,,Cfty Manager or Finance Director shalt take such further actlons'prioi to the signing' of the Final Official Statement as are deemed necessary or appropriate to varify the accuracy thereof. I hereby certify that tho foregoing resolution was duty adopted at a meeting of the . City Council of the City of Rancho Cucamonga duly held on the 17th day of August. IMs. by the following vote: AYES: NOES: ASSENT: City clerk Y OF RANCHO CUCAMONGA COCAMq STAFF REPORT Date: August 12, 19ea uL- To: Ylayor, Hambers of City Council and City ///M���an,,�,ager From: Joe Schultz, Community Servires Manager Subject: Conceptual Approval of Terra Vista City arks (2) A) La Mission Park S) 5 acre City Park (not named) plus adjacent 4.1 acre Y.M.C.A. site To andoree the principals accepted by the Park and Recreation Commission at a special mestinq held on August 4, 1948 and outlined in letter to Don Thompson from Joe Schultz dated August 8, 1988, (attached). It is alao noted that Levis Eomes must also amend the Terra Vista Specific Plan through the Planning Commission. Z&09M2MM; The Park and Recreation ca+solssion adopted the conceptual design for the La Mission site and the "other park site°- - vhich encompasses five (5) acrea net to the City for a park; and approximately 4.2 acres for the Y.M.C.A. site based on criteria outlined in attached August 8, 1980 correspondance. JS:tp v i 1 t �ya vl� CUT OF RANCHO CUCAMONGA M C 7 r Mr. Don Thompcon C/c Lewis Homes 1156 !forth Mountain Upland, Ca. 91786 Dear Dow, n; P°' °im s03 pf• ti.eeo h.mmw refs:, rota aui seafni - August 9, 1988 Thank you for everything you have done to coordinate the successful culmination of a M Where the Y.H.C.A. will ba the locaLtedission park and the City site I am taking the liberty Cf eumnarizing the motion of tho park and Recreation Commission so everyone under%tands What aetions are necessary for the two parks to become a reality very 19891 wants Y.H. C. A, 9 wants to open their doors December, The motion.: To adopt the Conceptual design for the La Mission Site and the " othor park site"-- which encompasses five (5) acres not to the City for a park; and approximately 4.7 acres for the Y.M.C.A. site based on the follcving criteria being Provided by Lewis Homes: A. Work4ng drawings for both sites be developed within six (6) months. D. The La Hiseion site Will be developed as a passive facility with gradual s lopes, on the perimeter of 5:1 and Special consideration given to: a. the development of numerous picnic areas; b. the site heavily planted with trees of specimen size; c. land topography engineered to accommodate the east one -half (approximate) of tho park as usable open space for periods Where storms are under a five (57 year levol; d. other considerations given by the park planning staff. M. Debon6 N. &0 G..a.nd.. Islas! KY� aw Demef LSfap Quly 1. B-44"u `71 Pml�l WyEf loom LL N'awemu Don Thompson August 8, 1988 Page Two C. The design of La Mission shell pull the various features away from the proposed residential do- alopment and any other considerations by the park planning staff. D. The conceptual plan incorporating the above criteria will be presented for approval by the Park and Recreation Coamles_on by October 20, 1988 with detailed plans showing all grades, cross sections and any other necessary plane to accurately show the proposed development. E. The Greenway will be expanded at the other City park, adjacent to the Y.H.C.A., east towards East Greenway Park. i P. Expansion of La Mission Park to 9.5 acres was completed to accommodate storm water detention and credit for park obligation will be for five acres. The Y.H.C.A. site, per the Specific Plan requirements, is eight acres, with two acres provided to the Y.M.C.A. facility. Additional lands provided to accommodate the Y.M.C.A. shall be provided lclationsy the City wiHomes. l ecredit 5.11 acres for park, and 2 acres for the Y.H.C.A. Bits leaving a requirement Of 0.9 acres remaining to be provided. Should the Y.H.C.A. need additional land to expand parking, this land will be provided from other than the park site. Don, the Park and Recreation Comeission passed th,o motion above so you can proceed with your projects within the Terra vista community. Their intent waa to pass this motion with the understanding that you will comply with completing the parks in a timely manner. There will be a need to meat frequently with Y.71.C.A. Staff and site coordinate s /facilities. I thhthin meeting Will be called shorly after Pete Pitassi coordinates the ^Y• site with other City departments. -7/O Don Thompson August a, 1988 Page Three �If Don, if there are questions or comments on the above items y please do not hesitate to ccntact me. Thank you. el Si c Y, f'• j Joe ch a v° Comn i_y Services Manager Y. pry cc: Ci*cy Council Lauren Hauserman, City Manager ? Jack Lam, Assistant City Manager Park and Reureation Commission Division Maada '�. Brad Buller, planning Department • Russ Maguire, Engineering Department Pete Pitassi h' Bob Muther " Tom Stretz %/% "Z ii i� League of Csllfomia Giles S; ta00KSTREET eAMWpRO.CAOM4 c (MS)444-6790 Sacramento, CA i' July 15. 1985 ,r TO: THE HONORABLE MAYOR AND CITY COUNCIL RE: DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE Dear City Official: This year's League Annual Conference Is scheduled for October 16 -19 in San Diego. One very important aspect of the Annual Conference is the General Business Session at which tine the meabership takes action on conference resolutions. It is important for California cities to take the initiative in developing posttive prograas for the future. Annual Conference resolutions will guide cities and the League in our efforts to lwprove the quality, responsiveness and vitality of local government within this state. All cities should be represonted at the Business Session on Tuesday afternoon, October 18, at 2:00 p.m. at the Town and Country Hotel in San Diego. to one vote in matters affecting cunicipal or League policy. A voting cars will be given to the city official designated by the City Council on the enclosad 'voting delegate form.' If the Mayor or a member of the City Council is in attendance at the Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the City Council will not have a registered delegate at the Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please forward the enclosed 'voting delegate form' to the Sacramento office of the League at the earliest possible time, so that the proper records "y be established for the Conference. The voting delegate may pick up the city's voting card in the League Registration Area at the Twn and Country hotel in San Diego. If neither the voting delegate nor arternate is able to attend the Business Session, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange An outline of the voting procedures that will be followed at this conference is printed on the reverse side sf this memo. It is suggested that the Mayo,, and all Council Hembe,s from a given city try to sit together at the Business Session so that, if amendments are considered, there may be an opportunity to exchange points of view and arrive at a consensus before the city's vote is cast. Yetr cooperation in returning the attached 'voting delegate farm' a; soon as possible will be appreciated Pon Bennfngheven xecutive Director ?�v Y discdrft polity edit100 pol Leatiue of California Cities x� AnuaI' (Mferenee voting Proceduros i 1. Each member city has a right to cast one vote on matters pertalniog to League policy. F:. 2. To cast the city's vote a city official must hsve to his cr her possession the city's voting card and be registered with the Credentials Cmittee. ' 3. Prior to the Annual Conference, each city should oesianate a voting delegate and an for use by the alternate and return the Voting Delegate form to the League Credentials Comittee. Y 4. The otin? delegate or alternate may pick up the city's voting card at the voting delegates desk in the conference registration area. S. Free exchange of the voting card between the voting deleyate and alternate is 4 k� permitted. 6. If neither the voting delegate nor alternate is IIblw to attend the Business the voting card to another Session, the voting delegate or alternate may pass official from the same city by appearing to person before a representative of the 3 Credentials Committee to make the exchange. 1 ivalification of an initiative resolution is judged in part by the validity of who, according to the records of signatures. Only the signatures of city Officials are te htaveCleftnatsampleoof their signaturesion� the CredentialslCoamitt3els register will be approved. 8 In case of dispute, the Credentials Committee will. determine the right of a city official to vote at the Business Session. discdrft polity edit100 pol yK: -- CITY OF RANCHO CUCAMONGA STAFF REPORT Date: August'17, 1988 70: Mayor; ilembers of the City Council'and City ager ' From: Russell H. Maguire, City Engineer By: Paul A. Rougeau, Traffic Engineer Subject: A Report of the City Couni:il' of the of Rancho ,City Cucarnga Subcommittee regarcling Alta Lore High StueW. Parking in the Red '1111 Commnity Park ' School, parking lots. FLrLUMEIOATIOj- To be made by the Subcommittee BAC3(GUW /AVXVSIS As a result of the consideration of a Permit Parking Ordinance Council at its August 3, 1998 by the meeting, a ;!rbcoomittee was formed to formulate and recommend a way to allow Studer use of part of the Ped Hill Park parking lots. Councilmembers Ouquet and King were appointed as the subcommittee and will report to the Council on this matter. Respect submitted, i :PAR:pa - y. r i Date: To: From: By: S4bject: CITY OF RANCHO CUCATMONGA STAFF REPORT August 17, 1986 IN Mayor, Members of the City Council and City Manager '��t Russell H. Maguire, City Engineer Paul A. Rougeau, Traffic Engineer A Report of the City Council of the City of Rancho Cucuonga Subcommittee regarding Alta Loma High 3cnool Student Parking in the Red Hill Community Park parking lots. RECON30ATION: To be made by the Subcommittee DACKBXMP Awi1LTSIS: As a result of the consideration of a Permit Parking Ordinance by the Council at its August. 3, 1986 meeting, a subcommittee was formed to formulate and recommend a way to allow student use of part of the Red Hill Park parking lots. Councilmembers duquet and King were appointed a: the subcommittee and will report to the Council on this matter. Respect submitted, � 7� 3 i r CITY OF RANCHO CUCAMONGA STAFF REPORT R' Cats: August 17,1988 To: Mayor; Mtabers of the City Council and'Ciy Manager From: Russel l'H,rMaguiro, City Engineer By; Paul A. Rougeau, Traffic Engineer Subject: A Report of the City Council of the City of Rancho, Cucamonga Subcowittee regarding Alta" High School Student Parking in the Red Hill Corwnitt ,Park Parking lots. RECONEWATICN: To be made by the Subcoaittee BACIC6ROIM1 /AMIY.TSIS: As a result of the consideration of a Permit Parking Ordinance by' the Council at its August 3, 1988 meeting, i subcomittee was formed to. formulate and recoamend a w4y to allow student use of part of the Red the lots. and this miteYppotnted as Respect y submitted, :PAR:pa -7aV ,S e ;i ti? ..cif i j' ki AUG-I6 -BB TUE 14SEe MARKMAN A RRCZY148KZ P.02iQ13 S -M NENORANDUN OF UNDERSTANDINO PERTA3NIN0 To TEE fd,WCATION Ol POSLIO BAP&TY RESPONSIEILITIE4 AND REBOURCES FOR CUCAHAWA CANYON This Memorandum o! Understanding is mad• and entered into (for reference purposes only) this 17th day of August, 1988, by and between the ONITED 8TATE6 DEPARTNSNT Or AGRICULTURE, FOREST BERVICE (hereinafter reforrad to as "Forest Service "), the COUNTY OF SAN 7ERWARDINO (hereinafter referred to as the "County ") and the CITY OP RANCHO CUCANONOA ( horeinafter referred to as the "City "). A. Recitals. (i) city, county and Forest service are vitally concerned with the preservation of the public health, safety, end welfare in and about the area of Cucamonga Canyon and, through coordinated effort desire to facilitate the allocation of effective law enforcement and security services for the protection of persons and proportion in and about the area of Cucamonga Canyon. (ii) Cucamonga, Canyon is a natural, unimproved general forest area located generally north of Almond street wsst of the northorly tormlaun of sapphire Street, within the boundaries of City, and proceeding northerly through unincorporated portions of Countyy and into the San Bernardino National Forest. As ouch, the area in question line within the r4,spective Jurisdictions of City, County and Forest Service. (iii) In recent years, significant numbers of rlople have frequented the area of Cuuamonga Canyon during the evening and nighttime hours to conduct various parties and gatherings. The presence of such gatherings In the Oxtromsly rugged and unimproved areas of Cucamonga Canyon, inherently unsafe at night, combined with the presence of certain paraons under the influence of various intoxicants, hes resulted in a history of continued and repeated accidents in the area, including, but hot limited to, numerous deaths, serious injuries and traffic accidents. Moreover, the use of thin area has b2on characterized by continued and repeated requests for law enforcement servicos for a variety of criminal aota, including, but not limited tn, various drug and alcohol related incidents, violent assaults, trespass!ng and the deliberate vandalism of environmentally sonsitive public forest areas. (!v) Based upon the history Of usage o: the Cucamonga Canyon area referenced above, City, County and Forest Service mutually agree that such activities without effective, protection QV4 -16 -0e TUM 14:a9MARKMAN p RRCZYNBKI P.pyips is inherently unsafe and conatitutea en extreme danger to those persons and properties within the area of Cucamonga Canyon. (v) prior to adopting this Memorandum of Understanding, City and County have contracted for the provision of law enforcement services by county within the jurisdiction of City. Moreover, Forest service and County have entered into a Cooperativa hgreement for the provision of law enforcement services by County within the jurisdiction of Forest Service. (iv) Within the framework of the existing cooperative law enforcement agreements referenced ebeen and pursuant to the conceptual principles expressed in this Memorandum of Understanding, City, County and Forest Service mutually agree that it is necessary to engage in a cooperative and coordinated effort to provide protection and law enforcement cervices for the satoty of persons and property in the Cucamonga Canyon area. B. x"Orm"Aum 21 Qmderetandiao. NOR, TWAE70AR, in accordance with the findings of fact and expressions of intent Got forth in the Recitals, Fart A, above, City, County and Forest Service mutually agree to the conceptual principlas expressed in the terms and provisions an follows: 1. Forest Service agrees as follows: A. To formulate and adopt, to the extent authorized by law, regulations restricting the presence of all unauthorized persons on National Forest land in the Cucamonga Canyon area during evening and nighttime hours. b. Tc authoriza the preson••a of County law enforcement personnel on 1ational Forest land to enforce the regulations adopted pursuant to subparagraph l(a), above, end to authorize the Sheriff of the County and his deputies to enforce said regulations with concurrent jurisdiction with the Foront Service County agrees as follows. a. The Board of Supervisors of the ceanty of San Bernardino hereby endorsee and epprov ?s the actions of Forest Service in implomontinq the rogulations expreosed in subparagraph 1(a), above. b. To formulate and adopt, to the extent feasible and authorized Ly law, an ordinance regulating the Conduct of persona, generally commensurate with the regulations .AUG -36 -00 TUE 14:40 MARKMA'J 0 ARCZY1:BKX P.04/03 • +' to be adopted by the Forest Service, pertaining to property within the jurisdiction of county M the General area of Cucamonga Canyon. o. To provide law enforcement personnel to enforce those regulations to be ado,;tcd by Forest Service referenced in subparagraph 1(a), above, upon such officers being properly authorized by Forest Sorvic:o to enforce such regulations. d. This Memorandum of Understanding fleas not \ constitute a spooific request for special or support services as defined in the existing law onfa:cement agroomont bstNeen the County and the Foriat Service. Any and all specific sarvicoe will be roqueatod deparately by Forest service personnel authorized to make such request under the provisions of said law enforcement agreement. 3. city agrees as follows: a. The City Council of the City of Rancho Cucamonga hereby endorses and approves the action of Forest Service in inplomonting the regulations expressed in subparagraph 1(a), above. feasible and authorized by formulate aw, annordinancetregulatingnthe OOTLIuct of persons, generally commensurate with the regulations to be adopted by the Foroat service, pertaining to property within the jurisdiction of City in the general area of Cucamonga Canyon. 0. Tv reiurso enforcement activities cafecencedCinnsubp .ragraphh9(c), above. Such cant reimbursement provisions shall be set forth In to addend-in to the existing con'.:ract betwoon County and Cit;. _ 4. i deemed in any way to suporbedo or modify tthe ite terms of any existing contract between Forest Service and County or City and County pertaining to the provision of law enforcement servloes by county to such respective jurisdictions. 5. This Memorandum of Understanding may be executed In counterpart originals. 6. tnrminata its any party to this Memorandum of Understanding may giving of this a: termihationtto the other parties hereto. MARKMAN ;D AR6' 'N" ' - � ' p1 e>;eontsd this Memorandum of Understanding tonnthe data not forth opposite their respeotivo signatures. Dated: FOMT SSRVICB Dated: Dated S \191 \M0UCNYH \R.C. 10.1,3 4 By— Poraat eupery sor COUNTY OP SAN DBRHARDIHO By Chn roan, Boerd of Supervisors CITY OF RANCUO CUCAHGHGA By Hayor t. +i �; • A g ORDINANCH NO. 6w� AN ORDIAINCE OF THEe�ITY COUNCIL OF THE CITY y OF RANCHO COCANONttiiNA� DING SECTION 9.38.014 +_ TO TEE RANCHO CUCAMONGA MUNICIPAL CODE PI/RTAINING TO TEE PROHIBITION OP UNAUTHORIZED ENTRY UPON CERTAIN PRIVATELY OWNED LANDS WITHIN TRH CITY OP RANCHO CUCANONOA, AND DECLARING TEE URGENCY THEREOF. f A. F`01S91E• (i) Cucamonga Canyon is a natural and unimproved wilderness area located generally north of Almond Street, west of the northerly termincs of Sapphire Street, within the boundaries of the City of Rancho Cucamonga, and proceeding northerly into the wilderness /recreational areas comprised of the San Bernardino National Forest. The area of Cucamonga Canyon within the boundaries of the City of Rancho Cucamonga, except for certain public easements, is comprised of privately owned land. Within such area of Cucamonga Canyon there are no obvious improvements or boundary demarcations to distinguish the privately owned lands within the City of Rancho Cucamonga from the public land of the San Bernardino National Forest. (ii) In recent rears, it has been the habit of young adults to frequent the area of Cucamonga Canyon to conduct various parties and gatherings. The presence of Such gatherings in the extremely rugged and unimproved areas of Cucamonga Canyon, combined with the presence of certain persons under the influence of various intoxicants, has resulted in a history of continued and repented accidento in the area, including, but not limited to, numerous deaths, serious injuries and traffic accidents. Moreover, the use of this area has been haracterized by continued and repeated requests for law iforcement services for a variety of criminal acts, including, but not limited to, various drug and alcihol related incidents, violent assaults and deliberate vandalism. Such activities have contributes to the accumulation of substantial linter and debris and have increasad the risk of serious fires in the area. A substantial portion of the above - described accidents and incidents have occurred on the above- described private lands within the jurisdiction of the City of Rancho Cucamonga. ) Prior adopting Council of (theCityof RnnchoCucmonga has entered t dintoithat "Memorandum of Understanding Pertaining to the Allocation of Public Safety Responsibilities and Resources for Cucamonga Canyon" with the United States Department of Agriculture, Forest Service and the County of San Bernardino. One of the purposes of such Memorandum was to create an enforcement network to allow the Forest Service to effectively enact, within the jurisdiction of r the San Burnardino National Forest, certain regulations limiting access to such public lands to alleviate the public safety dangers referenced above. However, because such regulations would not apply to the above - described privately owned lands within the City of Rancho Cucamonga, and because such regulations would not otherwise be completely effective, it is necessary for the City of Rancho Cucamonga to provide restrictions on access to that private property within the boundaries of the area of Cucamonga Canyon. (iv) Based upon the history of usage of the Cucamonga Canyon area referenced above, this council finds that unrestricted access to the private property within Cucamonga Canyon is inherently unsafe and constitutes an extreme danger to those persous and proportion within such area of Cucamonga Canyon. !v) All legal prerequisites prior to the adoption of this Ordinance have occurred. 8. ordinenoe. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This Council finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. =T10 2. The City council of the C.ty of Rancho Cucamonga hereby finds as follows: a. The area of Cucamonga Canyon within the Jurisdiction of the City of Rancho Cucamonga is characterized by its extremely rugged, unfenced, unimproved and natural terrain. Such lands are currently in private ownership; however, there are no obvious landmarks or demarcations to distinguish the boundaries of such private land from the public property of the San Bernardino National Forest immediately adjacent. b. private lands The ne question, o Usage hasresulted in numerous accidents and deaths, repeated requests for law enforcement services for a variety of criminal acts and the general waste, damage and destruction of public and private property. c. The continued unrestricted access to such lands within Cucamonga Canyon pones an extreme and immediate danger to the health, welfare and safety of those persons and properties in and upon such areas of Cucamonga Canyon. Municipal CoodeIis 9.18 of the add a newcSectionm9.18.015, to read, in words and figures, as follows: "9.18.015 prohibiti= 21 Anaathorixed Act C Cucenonaa canon. A. No person shall enter or r3main upon any private land in the area of Cucamonga Canyon without having written permission from the owner of such lands, or thn owners agent, authorizing such entry onto such private lands. "B. For the purpose of this section, 'the area of Cucamonga Canyon' shall mean any and all private property within the corporate boundaries of the City of Rancho Cucamonga north of Almond Street, west of the northerly terminus of Sapphire Street. "C. The terms and provisions of this section shall not apply to the following: "1. The owner of such lands, or owner's agent, together with parsons having visible or lawful business with said owner, agent or person in lawful possession; "2. Any fcderal, state or local law enforcement, fire protection or safety personnel; "3. Any public utility or related service personnel while actively engaged in the performance of such public utility or related service; "6. Any fenced and privately owned land containing structures, dwellings or other improve- ments of an rvner or person in lawful possession of such property; and, "S. The area of the Forest Service access casement to the San Bernardino National Forest commonly known by the name 'Big Tree Road.'" SECTION d• The City Engineer of the City of Rancho Cucamonga is hereby authorized to prepare and post signs informing of a violation of the terms and provisions of this Ordinance on the above - described property within Cucamonga Canyon. B84 M a• This Ordinance is hereby declared to be an urgency moarure pursuant to the terms of California Government Code Snction 36937(b) and this ordinance shall take effect immediately upon its adoption. UCE=,&. The City Council declares,that, should any provision, section, ?paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of eompotert.jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. @ECZIO Z. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published within fifteen (15) days after its passago at least once in Th% pall Report, a newspaper of general circulation published in the city of Ontario, California, and circulated in the City of Rancho Cucamonga, california. 1988. PASSED and ADOPTED this day of Mayor I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1988, and was finally passed at a ragT mooting of th— a City Council of the City of Rancho Cucamonga held on the day Of _, 1988, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: L \171 \ONOENTRY \R.C. 10.10 .a ATTEST: City Clerk of the c ty of Rancho Cucamonga - r'- C(r1N ✓,✓c77' .y - A,�C awcEfjrl5p ",or /df ..!! :.✓7�i v 9 cq. QvsL: ry OP 4 FS 404 •fLc Ov.� _iCFSi OFNTS, A,4/%IG /*L4 M%tr i'OWA- .Z ,IiIA✓6 drE6.t/ ✓0AY ,%,PoaleF i v L`FCp /,✓G 7r Of✓aLO1! Ifoc.N/c3 i"O.G ,o,(E . )tv;w• - AA�t cffcatau6,f wcm,t Nds Av A<r /o6 t'A&4l gy_ N:prr . 4:vE RAOOSf4A jr07- fLLOftUs TErN466AX . 70 Ne ✓E _ 9 GOOV > /Mf A10*l gdf ifBUris�6 O,ccffis .Op, ,fLCONOG, Alf ~ 44so C.J&L. O.AJ wF _K %s`% iN - 000 mare wporx A,Ao629.N To Nf.40 e4ilA Ti wimlel;va ,z✓ hfAW6 P,tiP9y. n/iGyi Lil�f s.',cOL/0W 6K:!✓61 Y,YSI' Sc fE7�yidG h',fS To 6,4 Awe iiivEpltnmr ffi�c,� 79F -CfAw QE 2ssvf, ? //~ o1f4vAfap i7 lala O1�j f c oveAlsolcs OA .14E c4ovr ,fo/.b wa ^IfogL 7AE a6s1 ;Zls IS >o Oe q 647e ua 9T *,e 70P OJ° S9pPXi.E Xr ,%vP To ,ct'4-16 i7 4eas6D Ft1�I su.% OawA/ 7b s!/w vP, %4E /4d7,Yo➢ fgs O�E� /e/ZOYEA/ A lW,c/( %`f J OAIM osWAfco D.✓ ne sTyTF 6E9G,Yi.f, wf eeleivf ;7yfr f r siegL wj ,-, ai1T !.r PYf 01114y "AIV M7' tv�l JToP 711' st ortt Fta l aoA/a va At �f JlE wcCE >a O.14P Av7 W siG,✓s s+pl v6 LvaaLD /1f C /IVP .cO2 O0i:�G Gf� YifiC. �I'/ -fIC � L✓f �iY� E✓(% va s.AmiuG SNa/tifrS f/r 7XF rOawlbi.✓ attw? xlkhe 7, oaf 7X'6vK i> wodrQ aF ' ,/:fLYES_f iv WASTE. , - 71 sr, POO D.1 >A& -cl.re 25A yet _ W O11,M4a 0=AK, 111OLIL'a xe cif ~,s, Av•qr 4 - 'rc. lo -ALHS 'ParkinT atfgL• Restrictions. i 2 h Parking dam -3pm ON STRieT 0 xzePl luldy 't PARKING SPACES sun day orld a y3 y '!5 -4 A. —D is • Red Hill Park ;Z—rUNRESTRICTET Parking Lots IRCRWOOD 0a r NORTH S1) Total park spaces 39 -99 138 West side of Vineyard - 4 -31 35 Total Available 173 SPACES 2 hr Parking 6am-31 exC01t 52111ldly , hat da I ECANDLEWOOD ` YEW N rV 116 Becomes Unrest ricted Parking ON STREET PARKL40 SPACES PARKING d. e• yt • 1 s RZ) 6..� .pry rSTWENT PARKIRO SUBCOMMITTEE REPORT RECOMMENDATION• F - 1. Existing, 2 l:curs during' school times restrictions should remain on Roberds and Agate Streets. 2. Place the same restriction on the east side of,Yineyard Avenue from thu south side of the vacant property (opposite the driveway to the middle parking lot) to Base Line Road (sora± restrictions currently exist in this area). 3. Paint red curbs (No- Parking Anytime) at intersections for visibility, where needed. 4. Restrict parking lots at Red Hill Park as follows: A. U er Lot (nearest Bhse Line):, Restrict west end, 39 spaces, for 2 hours ur ng school day parking. Remaining 39 spaces to be unrestricted 0. Middle Lot: Restrict west 20 spaces for 2 hours during'school day park ng. ema ding S9 spaces o� a i3inre ricted. C. South (Lower) Lot: Remove 2 hour parking restriction. S. Enact Permit Parking enabling ordinance as recommended by the subconm;ttee, and impose restrictions by resolution in the future as needed. — "— ANALYSIS: Current restrictions on parking in the Red- Hill Park area and in the par} itself have been in effect for 1 -1/2 years or more. No complaints have been received regarding the restrictions being in--onvenient; rather, Cho restrictions are accepted as more convenient than the impact of studelir, parking. Current park parking restrictions are for 2 hours, 6.00 r,.m. to 3.00 p.m., during school ays and apply to the entire upper and middle lots Again, no complaints have 'Leen received. Thus reducing the current park restrictions to increase public convenience, while allowing anyone to use the 2 hour restricts pd- arWng will provide needei student parking as citizens) and allow for occasional park pat -on overflow. Liability should be largely eliminated as no permits would bt involved in the park. I 4ugust 11, 1988 Lauren M. Wasserman, City Manager City of Rancho Cucamonga P O. Box 807 Rancho Cucamonga, CA 91730 Dear Laurent This is in response to your letter of July 28 in regards to the lack of water pressure in the area of Sapphire and Orchard. Several months ago some residents within that pressure zone complained about their lack of water pressure at our regular board meeting, and the Board instructed staff to review the matter to determine if the pressure could be increased. Our DisI,_ict is divided into six major pressure zones within which th 2ressure will range from approximately 40 p.s.i.* to 150+ p.s.i ** The area in question is on the top of the pressure zone and, therefore, has lower pressure. In checking out the apparent lack of pressure we found one major valve closed, that when opened, helped to alleviate the problem but did not substantially increase the pressure. We then installed a pressure regulator from the zone above the area in order to feed higher pressure water into the subjact area and act this regulator to hold 60 p.s.i. In doing this, we had to isolate the area into a small sub —zone which was fed through _ the 6' pressure regulator. We were actually more concerned about too much pressure than not enough. When we were informed that there was a problem in the amount of water available for the Foothill Fire District, we requested that a flow test be achoduled to determine just what the system would be capable of producing. Mr. Jim Deard of Beard 6 Provencher performed the teat fot us on August 5, 1988 and the test results are atta:Sod. We had increased pressure • At the top of a zone *• At the bottom of a zone PP BtNxRLY 6 BMORN -� CUCAMONGA COUNTY WATER DISTRICT "Prow inCNA�61 90415AM 894N111O1M0110 . CYC.MOMOI. CALIF 91730 -0025 . •O !01 931 . IT IAI !!1 .1991 N 4i (;NAPLES A. WEST " GEORGE A. KUYKENDALL ROBERT NEUPELO.lbw,4 JEROME K. WILSON 4ugust 11, 1988 Lauren M. Wasserman, City Manager City of Rancho Cucamonga P O. Box 807 Rancho Cucamonga, CA 91730 Dear Laurent This is in response to your letter of July 28 in regards to the lack of water pressure in the area of Sapphire and Orchard. Several months ago some residents within that pressure zone complained about their lack of water pressure at our regular board meeting, and the Board instructed staff to review the matter to determine if the pressure could be increased. Our DisI,_ict is divided into six major pressure zones within which th 2ressure will range from approximately 40 p.s.i.* to 150+ p.s.i ** The area in question is on the top of the pressure zone and, therefore, has lower pressure. In checking out the apparent lack of pressure we found one major valve closed, that when opened, helped to alleviate the problem but did not substantially increase the pressure. We then installed a pressure regulator from the zone above the area in order to feed higher pressure water into the subjact area and act this regulator to hold 60 p.s.i. In doing this, we had to isolate the area into a small sub —zone which was fed through _ the 6' pressure regulator. We were actually more concerned about too much pressure than not enough. When we were informed that there was a problem in the amount of water available for the Foothill Fire District, we requested that a flow test be achoduled to determine just what the system would be capable of producing. Mr. Jim Deard of Beard 6 Provencher performed the teat fot us on August 5, 1988 and the test results are atta:Sod. We had increased pressure • At the top of a zone *• At the bottom of a zone PP I 1, Z. Lauren H Wsss oraan'�, t August 2 11, 1998' , Page to the area,' but in -so' doincj, Ned teduced the Volumt�'avail, e.: & fire nuppreal�io'n"as.ob6Wn",7yzthe:'teaE"results. , We th went back to our, origisial -syftam 'and , shut�.downZtho_ Prbs Sara regulator r-Vhlch` then cave' us' 4',AqB GPM . of , ,,f low,' -.The',- present . ­ 1 0 . Fo;tb�ill-Firlt'Disirict is a flow opill requirement 0, the V GPM. Therefore, "we have rieti6r'.'than 1-1/2 times the fire suppression requirements.' We'4111 continne to' monitor the• area for pressure and'hopefully, we will AinCaln the Pressure and flow that the system was designed to have. We now feel tbet the pro blem'that 2caused concern hes been resolved. If there is any further-informati6n needed, please contact Qe. I can understand the public�expecting an answer,-in regards to what took place, bdt,they should have been referred to out District for responding information. 4'- Yours truly, CUC&%1ONGh COUNT)( WATER DISTRICT 0 W. Michael General Manager LWMtjs Attachment 4T, s ETi�1CC�1 �J /Pmeoicher & AS SOC I ATE S, INC 1240 N Jefferson Sc, Suite Q Anaheim, CA 91807 -k -Z 714/632.3653 ("0140a. fdras'rn aa/ WNLAr rlhi iaes of I August A. 1998 Cucamonga County Water District P.O. Mrs 618 Cucamonga. CA 91730 y, Aticntlom Ilenry Ruticdge Operations; Superintendent Subject: Flow Teat Reference, Sapphire St. and Orchard, Rancho Cucamonga, Callfornla Deer Sin This letter Is bcing provided to document the now tut taken August S, 1968 at approximately er00 p.m. Although the results drown are accurate for toe date and time given, they may not accurately reflect higher or lower readings which may vary due to seasonal conditions. Outllned below la the method, location and results or told teat Test 1L The flowing hydrant was located on the south west corner of Sapphire and Vlnmar Wit tha static and residual were taken from a hydrant [, --$-ad on the south east corner of Sapphire and Orchard. The results or this tot w,re 89 PSI static, 0 PSI re31dua1 nowing 373 GPM. It should be noted at this time that the above menllentd test was conducted using the pressure rcgWating valve o the sale source of water for this arse. Test Its The static and residuat were taken (rein the hydrant at Vlnmar and Sapphire and the owing hydrant sou located at Sapphire and Orchard. The results or this teat were 74 PSI static, 09 PSI Mal" with an obtrvW flow of 1491 oPM flowing from two 2- 1/2" outlets Simultaneously (29 PSI pilot tube prorate each Guild). This computes to 4803 GPM at 20 PSL 1 hope the above Information is adequate for your we. It you have any additional waitlore, please do not hesitate to contact the underalgned. Sincerely, BEARD, kk ASSOCIATES, 111C. .iti79- PQkzlRT Enclosures - Two grspha cn Cucamonga County water District P.O. 810 839 Cucamanpge, CA 91730 Attnr Lteyd w..Mlohad Geeerd ManaOer Assonant, r6e 11jid"w Cw n UN W Roimar . r , . H<HEARD. PROVENCHER d ASBOC2ATE°_S. 2NC. sic 1240 No. JEFFERSON ST.. SUITE •O'. ANAHEIM. CA. (7141 632 -3553 34C F7L-OW TESaT GRAPH BHE;ET W Locat P • • • P I Wstarr Flow G(Pfvl LETTER DESCROTION A • Static Pressure of 74.2 P. a. I. 0 e Residual Pressure of 56.0 o.a.l, at The OroJedted volume available at 20.0 p.s.l. is C a Srwr.a Ps41tuAA of !rb P.ir a • or- Ar 1491.0 9.0.01. 489.9 9•d: w. Ezr 4" re.uro* • ! r 1. �'..... ar' . 16 02 rr.2J?�_1l4<re _41k arPwao. ?: 0� 7! 0 V !a! , JI lea I . 76.0 I I r I t4 !0.0 6 2.0• 1 e ..D 601; 1200 1330 1500 750 goo Lupo Wstarr Flow G(Pfvl LETTER DESCROTION A • Static Pressure of 74.2 P. a. I. 0 e Residual Pressure of 56.0 o.a.l, at The OroJedted volume available at 20.0 p.s.l. is C a Srwr.a Ps41tuAA of !rb P.ir a • or- Ar 1491.0 9.0.01. 489.9 9•d: w. Ezr 4" re.uro* • ! r 1. �'..... ar' . l- r,�r'Yf',lc i.�"� fs'�'lu .. • t. c •.'v -_'vt" >�,- _ ,,v: :.yam ., .r- �.%S�`�_`L .��. 1. . Y vF... i"=.•' �dA "' v wE A'yr�10CAPlY.3. r !�'ROVENCHLR 't.%, f 1240 Nb. JlFfrlltSON r . JT.. 'OUIT2 O'. 6L' A9BOC IATL6 ; ANAHEIM. CA. ZN0.'. W-. 7 (713) 632 -360 rT,>•9T' aPt^RH mHeET ra�.t:bbation_ 1YeMrIR[•aT. L R Oate __ OS- DS -19a• e0 VS5 76.0 72 22 °a1 P. 60.0 r e 62. 0� f .�+ • 36.0 - f =4i 32 \ l Yj S 26.0 \ 1 23 20.0 16 r 12.0 9 7, 0 S" lIN IIM zoos 2!00 3000 ULM .3600 3000 3600 a.e• 8000 Watmor erlow OIPM ' LUM DESCRIPTION A e Static Pressure of 73,0 P.a.t. ■ Residual Pressure of 66.0 P.s.i. at 1391.0 9.0,n. ,• C ■ Residual Pressure of 20.0 A. a.1. at 3863.0 9.P.a. Brava asked if the City could hire someone do a water survey for that particular area. If the psi vas low, they could determine why. the City Attorney responded yes the City could independently undertake doing a survey. the Mater District '• records are like the City's, they are open to the seruitiay of any interested party. Wright felt the intent of the people bringing this to the Council is to make sure that the development which is occurring would not impact the water pressure further. they are rsking for a moratorium, but I think we need to ask what are the effects. If there is a method we can get the information from the Water District to verify that approval of developnout in the city with adequate water pressaure. Stout stated tbeve are two issues: one the environmental issue. the tract on the w side of Hillside and Sapphire is in the tentative tract stage. The environmental issues have been resolved. The only avenue open to council is the moratorium avenue with respect to that specific area. But this would have to be done wilt supporting evidence. The way to do this would be for the city to hire an independent consultant to come in to study the water issue in that area. The City Attorney stated that the City Council has concurrent jurisdiction on this issue. The question is if you want to verify goemthing based on statenants made by the Soup of citizens and to what extent and expense? Mr. Lam stated that the Water District has stated that they would like an opportunity to speak with the residents further. It might be prudent for the parries to get together to discuss this matter further. Perhaps cut of this discussion toaights a solution would be forthcoming to everyone's satisfaction. Mr. Wasserman stated staff could also met with the Water District to find out what information they hove before Council decides to have an independent report. Mr. Michael stated that the tract at Sapphire and Hillside will be is the high pressure cone. That tract in that particular zone has nothing to do with this particular problem. Sing felt both Lam and Wasserman's proposals were reasonable. We should get more information. Wright stated that Hr. Moore was questioning the environmental impact of the bui•ding to the east of the city is having. How does he specifically question a project as to the environmental impact? bity Attorney stated that he is follwiug a uiuline, and he is saying that any of the laterals off the mainline further down the line from him while used is reducing his pressure. Wright asked if staff could tag the developments along the line and have his question be addressed on the environmental impact on those developments? City Attorney responded yea. Mr. Lam stated it more complex than pointing out a min line because there were pressure system# puaps, and different hookups, etc. The question is relevant: but before that can occur one needs to know all these inter relationships which is available at the Watar District. ?or the city to rake any judgement, vs could have to do an indopendent study of that information to verify the information. He vap not aura all this has been discussed between the residents and the Water District. Brow stated that the residents have cow to the Council and said that they heed helpl they are asking the City for help. She would not rant to discount in independent water study to see if in fact.ouc citizens are beial, taken care of. Not pushing that responsibility for fire protection onto other elected boards. She people should talk with the Water District, but staff should cow back with a report to sea if Council'naoded to take further *taps. Wssserman prorosed to refar the matter back to the Water District and ask the city staff to investigate the system and bow it worki and bring the ratter back to the Council on September 21. In the interim, the city will work with the Water District so we can unde"tand their problems. Wright stated that the residants have requested halp in non technical terms and that they are asking for vhat is viewed as an environ.nental impact report and that ve and up gettiog that for any projects that are going to affect them. Mr. Wasaerma stated that for any projects in that &rest ve will pay more attention to that issue to rake sure ve have those questions answered In future projects. Lngelly ve cannot go back on a project that has already been approved. Mayor Stout also stated that as we are studying this, we my find there are other areas which affect this particular area. Wright suggaoted that gaff repots the process which the Water District uses to show they can service an area. NOV are the agencies inter related. Mr. Wassernam suggested that Council may also wish to knew what criteria does the Water District use to sake the decision to some or no serve. Mr. Wasserman asked for clarification: You are asking for an overview of the review process from the standpoint of the cityt Water District, and Fire District and how it all fits together? Mrs. Wright responded that was correct. And a* well as moaitoring projects that are going tbrough the process now as to the potential of an onvironnental impact report so that these people do not bale . to c me back. Mr. Wasserman stated that you also want to knew what other areas In the city are affected. "COMBS'REAL ESTATE, INC." 453 North Control Avenue Upland Co8lomla 81788 (714) 881 -0486 Mrmberelftmona vsueyso ldalnasftws Ywrdero/WgtSan samudt"Counry scud orReanont August 16, 1988 City of Rancho Cucamonga Planning Capartment 5630 Be dine Blvd. Rancho Cucamonga, CA 91730 ATTN: Brad Buller -- Planner RE: Combs Office Building S/w Corner Vineyard and San Bernardino Dear Mr. Buller: • MWtigallatine BtMCs • ReaWentw Bales • IrMalmMi 7roMNea • uMnpe SGe I • Rsal Eahta COOnueNe As we discussed during our telephone conversation of August 16, 1988, I am requesting a postponement of action by the City Council at their August 17, 1988 meeting concerning the Thomas House historic preservation. I am out of town and unable to be present for the scheduled meeting. I would appreciate having this item included as part of the next scheduled City Council meeting, which I will be able to attend. Thank you very much for your unierstanding and cooperation. Si 1 ,c � LO>.t4tJ/J/-•- Edward R. Combs Owner t ■,a11Y. � . Y • 1,OM4MC YI1 •1•t• 1WIN• • Y.•r•,iM•1 � s M IW�gK. YSOfJalgN O%NYI�•°•Oq�au[•u•••wvM C -16 -00 "Um *15X" MARKMAN 0 ARCZYMSKI N.0%,07 �� ORDIMAMCS no. Z%/ AM ORDIMAMCS OT 121 CITY OF RAMCUO evanowea AMLNDZMO TITLS 1 Of TIM SANCSO COCAMOMOA MOMICIFAL CODS BY ADDIHm A 31M OSAR'SR 8.72 1WITLS0 19FROSISITIOM OF CELOROFLOOR00AR10M FROCS /SSD FOOD FACl0.0IM0.11 A. UQjtLjj. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA FINDS AS FOLLOWS: disposing w solid waste landfills mandfillsa i ffectall per dsonssandall local, of county `t and state rate governments. One significant source of solid waste is polystyrene foam food pack,ging. Manufacture of such packaging creates an additional, significant environmental problem in that chlorofluorocarbons are utilited in their production. (ii) Available scientific evidence indicates a strong probability that the family of substances known as chlorofluorocarbons degrade the earths■ protective layer of o- zone, when discharged into the atmosphere, allowing increased amounts of ultra - violet radiation to penetrate the atmosphere. This increase in ultra - violet radiation poses an immediate danger to human health, life and the environment. Available scientific evidence indicates the strong possibility that the resulting increase in ultraviolet radiation has contributed to, and will continue to contribute to, the incidence of skin cancer and other serious illnesses. (iii) one significant source of chlorofluorocarbons currently being released into the atmosphere is the manufacture of certain polystyrene foam food packaging products which utilize chlorofluorocarbons as blowing agents. (iv) The people and the City of Rancho Cucamonga support state, federal and international policies banning all nonessential uses of chlorofluorocarbons. Until such policioa become law, responsible action to reduce the release of chlorofluorocarbons into the atmosphere, ano to increase public awareness with respect to the potential harm caused by these substances, must be undertaken at the local level. (v) It is the intent of the City Council to reduce the amount of chlorofluorocarbon processed food packaging products purchased and used by and within the City of Rancho Cucamonga, in order to reduce, to the greatest extent possible, the health AUC -16 -00 TU6 16:24 MARKMAN 0 ARCZYNSKI P.02107 _� hazards creatai by the release of cl.lorofluorocarbons into the atmosphere. (vi) The City of Rancho Cucarotpa supports and encourages voluntary waste reduction through the adoption of voluntary programs by food vendors am a means to achieve a fifty percent (sot) reduction in the use of non - biodegradable and non - recyolable food packaging, and all other forms of food related litter, wherever possible. S. Ordinance. THL CITY COUNCIL OF THE CITY Or RANCHO CUCAMONGA DOES ORDAIN A8 FOLLOWS: Code is Title 8 of additionaofhe ev Chapter ru8.22pto read, in words and figures, as follows: 'Chapter 8.22 "Prohibition of C•lorofluorocarbon processed Food packaging "sectionst 8.22.010 Definitions. 8.22.020 CFC - processed told packaging prohibited. 3.22.010 Penalties. 8.22.0 40 civil remedies available. "a.22.010 Detinitione. "A. •CPC - processed food packaging' means any and all food packaging which uses any chlorofluorocarbon as a blowing agent, or otherwise, in its manufacture. "S. 'Chlorofluorocarbons,, or 'CFCs', are the family of chemical substances commonly referred to as such, and containing' carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds. "C. 'Customer' moans anyone purchasing food or bevoragaa from a restaurant or retail food vendor. "D. 'Food packaging' moans all bags, cooks, wrapping, boxes containera, bowls, platoo, treys, cartons, cups, straws and lids which are not intended for re -use, on or in which any foods or beverages are placed or packaged on a restnurant'a or retail food vendor's promises. J WOO 9i06 MARKMAN 0 RRC2YV9KI P.02�0s 3nr�a d J" r, Y� 'Food vendor* means any restaurant or retail food vendor within the City of Rancho Cucamonga. F. 'Prepared foodf means beverages and foods which are prepared on the vendors promises by cooking, chopping, slicing, mixing, freezing, squeezing, or otherwise, and which require no further preparation to be consumed. Preparad food does not ;. include any raw uncooked meat product or fruits or vegetables a which are not chopped, squeezed, mixed, or otherwise processed in some fashion. 7y "G. 'Restaurant' means any establishment located within the ,r city of Rancho Cucamonga, selling prepared food to be eaten on or about its premises by customers. 'Restaurant' includes sidewalk and all other outdoor food vendors. "H. 'Retail food vendor, means any store, shop, sales outlet, lunch truck or other business Including a grocery store Of a delicattessn, other than a restaurant, located within tits City of Rancho Cucamonga, which provides or sells takeout food. "I. 'Supplier, moans anyone oupFlying food packaging to a restaurant or retail food vendor within the City of Rancho Cucamonga. "J. 'Takeout foods means prepared foods or beverages requiring no further preparation to be consumed and which may bo purchased in order to be consumed off the retail food vondor'r premises. "9.22.020 S:.ES." - processed jW uackaginc pro ibited. "A. Restaurants "1. Except as provided in cub- cectic D hereof, no reotaurant shall provide prepared food to its customers in any cPc - procoesed food packaging, nor shall any restaurant purchase, obtain or keep any CPC - processed food packaging for ¢uoh purpose. "2. As to any food packaging obtainad after September 1, 19e9, each restaurant shall obtain from each of its suppliora a written statement signed by the supplier, or by an authorized agent of the oupplier, stating that the supplier will supply no CPC - processed food packaging to that restaurant, that the supplier will note on each invoice for food packaging supplied to that restaurant that the packaging covered by the invoice in not CFC - processed, and it shall further include the identity of the packaging's manufacturer. -16-08 7 U 6 1152157 M A R K M A N O A R C Z Y N a K i M.%91120 "1. All contracts between restaurants and suppliers thereto entered into after September 1, 1989, shall include provisions that the supplier will supply no CFC - processed food packaging and that the supplier will truthfully state on eacb invoice for food packaging supplied that said packaging is rot CFC - processed and it shall further provide the identity of the packaging's manufacturer. Failure tc, comply with such provisions shall constitute a material breach of the contract. "4. Restaurants shall retain each supplier0s written statements referred to in sub - section 7, above, for one year from the last date of receipt of any food packaging w from that supplier. "S. Retail food vendors "1. Except as provided in sub- section D hereof, no retail food vendor shall provide takeout food in any CPC - processed food packaging, nor shall any retail food vendor purchase, obtain or keep any CFC - processed food packaging for the purpose of packaging takeout food. "2• All retail food vendor& shall segregate, in their warehouses or other storage areas, food packaging used in their takeout food operations, from other food packaging which may be stored on the premises. All tad packaging maintained on each retail food vendors premises shall be labeled with language clearly indicating that CFCs have not been utilised in its manufacture. "1. All contracts for the purchase of takeout food packaging entalad into after January 1, 1990, shall comply with the provisions of emotion 8.22.020 A.2. hereof. "C- Regulations applicable to all food vendors. "1. It shall he unlawful for any supplier to make any misstatement of material fact to any food vendor or to any representative of the City of Rancho Cucamonga regarding the use or non -use of CFCs in the manufacture of any food packaging supplied, or to be supplied, to any food vendor in the City of Rancho Cucamonga. 112. Each food vendor shall rile a statement at the time it renews its businese licanoo, truthfully declaring that it is in compliance with this Chapter. "a. All statements and documents required by this Chapter shall be made available for inspection by the city Manager or his or her desiggated representative. It shall be unlawful for anyone having custody of such documents to UG -17 -80 wen 9.107 MARKMAN 9 ARC2YNSKI P.0Ei0E tail or refuse to produce such documents upon request by the city Manager or his or her designated rerrasentative during normal business hours. "D. Exceptions 01. The City Manager or his or her authorized roprecentative may oYempt • type of packaging from the requirements of tills Chapter upon a showing satisfactory to the city Manager or his or her designee that the Packaging has no acceptable non -Cld- processed equivalent and that imposing the requirements hereof would case undue but said list Of shall determine tif non -CFC- processed substitutes are availahl._ I Food packaging required to be paid for or !hipped under a contract entered into prior to meptember 1, !hipped is exempt from the provisions of this Chapter. "E. The City of Rancho Cucaaonga shall not purchase any CFC - processed food packaging, nor shall CFC - prooessod food binit Utilized npocosad vtoccuuigwithhe Cltyof Ran ho Cucamogapend after September 1, Igoe. F. The City Mm,ager is authorized to promulgate regula- tions and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not normaldbusiness hours,1 to verifyocommpliance.premises, during no- Voluntary and mandatory compliance. °It 18 the intent of the city Council of the City of Ranch the seaofnCpCto achieve ed foodypackaging(byeMarchu1, 1989, and a ninety percent (got) or greater reduction thereafter. In order to achieve this reduction, compliance with the provisions of this chapter shall be on a voluntary basic until 90ptamber 1, 1989. On and after September 1, 1909, th0 provisions of this Chapter shall become mandatory without further notice. °5.22.0 30 penalties On and after eeptsmbar 1, 1989, it shall be unlawful for any parson, firm, partnership or corporation to violate any provision or to fail to comply with any of the rsquirsmentd of this Chapter. Any parson, firm, Partnership, or corporation violating any provision of this Chapter or failing to comply with any of its HNKHAN a gRC=YN8Kr p.oz /o requiraments shall be deemed guilty of an infraction and upon conviction thereof shall be punishable as follows: "A. A fine not exceeding 4ns HUUdX&d ooll&Xn (1100.001 for a first violation: "8. A fine not exceeding j 2 WMdk3d ggll >I (sso .,Q.0 for a second violation occuring within one (1) year: "C. A fine not exceeding fW mssd gallars /BSOO.on: for each additional violation occaring within one (1) year. "Etch such person, firm, partnership, or corporation shall be doomed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this chapter. "The provisions of this Chapter shall not be construed as permitting conduct not prescribed herein and shall not rffect the enforceability of any other applicable provision of law. 28.29.040 Civil L!modiom available, "A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the City through civil process, by maans of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance." Section is The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendored or declared invalid by any firial court action in a cqurt Of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, aoetions, paragraphs, sentences, and words of this ordinance shall remain in full force and er ^eat. section Is The Mayor shall sign this Ordinance and the City Clerk shall Cauca the same to be published within fifteen (15) days after its passage at least once in =n pyili, Report, a newspaper of general circulation published in the City of onta.io, California, and circulated in the City of Rancho Cucamonga, California. K MqN i1 gRC2YNSKI P.06i0T PA18SD, APPROWD and ADOPTED this , day Of , 1988. AYES: COUNCIL REMNERS: NOES: COUNCIL MElmm: ABSENT: COUNCIL MEMBERS: AESTAINEDt COUNCIL KWZpS: Mayor ATTESTt Dever y A. Aut e s , C ty Clerk Rancho Cucamongat Californiaildo,hereby0certify th+aitCthe of foraging Ordinance was given a first reading at a ragular i meeting of the Council of the City of Rancho Cucamonga held on the day of 1S881 a Public hearing was held on the ragurdaY of , 1982, and was finally passed at a ar sasting of e C ty council of the City Of Ra ho Cucamonga hold on the day of , 1988. ' Exacutod this day of , 1988 at Rancho Cucamonga, California. Beverly A. Au hold , C ty C er L \13l \ORDSTYRO \tt.C. i.3.1 1 LOOP Botwom 141h and 1-15 CIM R.02d �3. 4. 24th, STREET 5197W IN LOOP AND + M2MRY nnaay� 5lPt riucx�.t� 2a'�OW�: 12'tall�sn�w�ITRNL FIG. 5=35A 5oL4H sis rrticWar r+�eq t�. amp+ WAr ►= kGrPr' lxrWP.%{� ltX� f '-sN F} PCfn 9 A�i Weil , mom Ntootr .�GRDy' Nom x u,�v lit fj tjpr Lt� lmm 5 '`� ivAK gow. wrc 1-r�v�s CITY OF RA CT O CLr6A.NjoNGA PLANNING DIVISION rrE%tl TmE+ EXHIBIT= SCALE: LEGEND 1. Cherry Avanue Chsnge Jesfgnetl0n to Secondary Add 14' median island Increase to 90' right -of -way 29' Travel Lane Delete walk from west side Landscape Flood Control easement to top of berm 2. Equestrian Trail 24th Street ( Sumit Avenue) Delete Trail Fror Cherry Avenue to I -15 Move trail to north side from Loop Road to Cherry Avenue If the parcel of land southeast of 24th Street (Summit Avenue and Cherry Avenue) is designated for a higher intensity land use than yL (2 -4 dwelling S per acre), the link trail shall be deleted trim the trails between the regional equestrian trail (northbound along San ine Mash through Hunter's Ridge) and Cherry Avenue. at intersection of unnamed street d 24th Street (Summit, eastern dary of 'itiwanda Highlands) at Loop Road 3. 24th Street (Sunait kienue) Between Loop Road and Cherry Avenue Add 14' median island 27' travel lane North side parkway, 20' right- cf -way.w th 12' equestrian trail, south side parkway, 14' right -of -way with 7tjbikeway Except between Loop and San Sevaine wash: North side parkway 12' right -of -way with trail located in adyacent landscaped lot au , g - ofiiQy Except across San Sevaine wain: north side and south side parkways may narrow across box culvert, but not less than standard right -of -way for trails. 4. 24th Street (Suaiit Avenue) Between Cherry Avenue and I -15 88' right- of-way unchanged North side section, City of Fontana Add bike lane in pavement S. Loop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6. Bicycle Trail on 24th Street Between East Avenue and I -15 Add bike lane in parkway between East Avenue and Cherry Avenue to connect bike trail sections to the east and west. Add bike lane in street between Cherry and I -15 t0 conform to Fontana Plan 7. Intersection Changes Cherry Avenue and 24th Street (Summit Avenue) (4 -way controlled) Cherry Avenue and Loop Road (4 -way controlled) 24th Street and Loop Road (4 -way, controlled) LOOP ftfto" 14th aM 1-15 Cl/S !_9w z. 3 24th STREET 1111TWERN LOOP AND CHEIMIY FIG. 3=35A tt�iao���tt sloe r�wcl.wor za'1eow 12'to�snev�y7tCrVL 5otlt H S rr1RKt Cr r�' W - a WY I�xrr merworem L=r # �NL vv H �' -31DC PA1 Y RQW Wlt11W L- C rr, 9x GU D1Ji tjpi�L� s (f T� p IM r;ZN LS CITY OF RAC CHO CUiCANIONGA PLANNING DIVISION ITEM, 7771E EXHI!NT. SC4LE- LEGEND 1. Cherry Avenue Change Designation to SeeondLrX Add 14' median )stand Increase to 90' right -of -way 29' Ti avel Lane Delete walk from west side Landscape Flood Control easement to top of berm 2. Equestrian Trail lath Street (Sh=it Avenue) Delete Trail Frcm Cherry Avenue to I -15 Move trail to nerth side from Locp Road to Cherry Avenu3 If the parcel of land southeast of 24th Street (Stsmit Avenue and Cherry Avenue) is eesignated for a higi!er intensity land use than VL (2 -4 dwelling units per acre), the link trail shall be deleted from the trails map between the regional equestrian trail (northbound along San Sevatne Mash through Hrnter's Ridge) and Cherry Avenue. Crossing at int rsection of unnamed street d 24th Street (Summit, eastern boundary of Etiwanda Highlands) Crossing at Loop Road 3. 240 Street ( Summit Avenue) Between Loop Road and Cherry Avenue Add 14' median island 27' travel lane North side parkway, 20' right- of-way w th 12' equestrian trail, south side parkway, 14' right -of -way wit;hi?Z'bikeway Except between Loop and San Sevaine wash: North side parkway 12' right -mf -way with trail located in adjacent landscaped lot 6nd,:;rig' pt-- bMayy- Except across San Sevaine wash: north side and south side parkways may narrow across box culvert, but not less than stdndard right -of -way for trails. 4 24th Street (SL=nit Avpnunl npty. .p rw... a..e....- —A r ,e 88' right -of -way unchanged North side section, City of Fontana Add bike lane in pavement 5. Loop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6. Bicycle Trail on Pith Street Between Edst Avenue and I -15 Add bike lane in parkway between East Avenue and Cherry Avenue to connect ME trail sections to the east and west. Add bike lane in street between Cherry and I -15 to conform to Fontana Plan 7. Intersection Changes Cherry Avenue and 24th Street (Summit Avenue) (4 -way controlled) Cherry Avenue and Laop Road (4 -way controlled) 24th Street and Loop Road (4 -wLv controlled) 9 DATE: TO: FROM: BY: SUBJECT: -- — CITY OF RANCHO CL'CAAIONGA STAFF REPORT IctAugust 17, 1988 City Council and City manager Russell H. Maguire, City Engineer Joel Lazo, Junior Civil Engineer Authorize the advertising of the 'Notice Inviting Bids` for the Ninth Street Rehabilitation Improvement Project, located between Vineyard Avenue and Baker Avenue, to be funded from Gas Tax, Account No. 094637 -MlS RECONt MIIOM: It is recommended that City Council approve plans and specifications for the Ninth Street Rehabilitation Improvement Project located between Vineyard Avenue and Baker Avenue and approve the attached resolution authorizing the City Clerk to advertise the °Notice Inviting Bids". 9ACKGROUND /ANALYSIS The sut;ect project plans and specifications have o--en cempleted by Linville and Associates, Incorporated, reviewed by staff and approved by the City Engineer The Engineer's estimate for construction is $69,000.00. Legal advertising is scheduled for August 23, and 30, 1988 with the bid opening a' 2:00 p.m. on Wednesday, September 7, 1988. Rspect submitted, ell Attachment .c: Purchasing 1 1 F S A J It �K �x �X RESOLUTION NO. � p " 5!/S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGh, CALIFORNIA APPROVING PLANS AA'D SPECIFICATIONS FOR THE 'NINTH STREET REHABILITATION', IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEISE BIDS. WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain laYrovements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has preprred plans and specifications for the cnastruction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications far 'NINTH STREET REHABILITATION ". BE IT FURTHER PESOLVED that the City Clerk is hereby authorized end directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the, aforesaid plans and specifications, which said advertisement shall to substantialiy in the following words and figures, to wit: 'NOTICE IN"TING SEALED BIDS OR PROPOSALS' Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County. California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Sancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga on or before the hour of 2:00 o'clock P.M. or. the 7th day of Seetember 1988, sealed bids or proposals for the 'NINTH STREET REHABILITATION in said City Bids will be opened ane. publicly read immediately in the office of the City Clerk, 9320 Base Line Road, Suite C, Rancho Cucamonga, California. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Constriction of NINTH STREET REHABILITATION". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the :ontractor is required to pay not less than the general prevailing rate of per diem wage, for work of a similar character in the locality in which the public work 1s performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the m officr of the City Clerk of the City of Rancho Cucamonga, 9320 Base Line Road, Suite C, Rancho Cucamonga, California, and are available to any interested determinat request. bThe stedrattthe job site. :halt cease a copy of such The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such { laborer, workman, or mechanic is paid less than the general prevailing i rate of wages hereinbefore stipulated `ir any work done under the attached contract, by him or by any subcontrat under hie, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code e. as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. ' Attention is directed to the provisions in Sections 1777.5 and 1777.6 x of the Labor Code concerning the employment of apprentices by :he ,• Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employir9 tradesmen in any apprenticeable occupation to apply to the Joint ayprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the Joint apprenticeship committee has exceeded an averape of 15 percent in the 90 days priur to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C When the trade can show that it is replacing rt least 1/30 of fts membership through apprenticeship training on an annual basis statewide or locally, or D When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average o'J not less than one apprentice to eight Journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. 4 The Contractor and subccntractor under him shall. comply with the requirements of Sections 177!.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schediles, and other requirements Bray be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under his shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by hfm or any subcontractor under him, upon any of the work herelnhefore mentioned, for each calendar daffy during which said laborer workman, or mechanic is required or permitted to labor more than eight (81 hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined In tie applicable collective bargaining agreements filed to accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cas(,ter's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and to event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amou.-i of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to se ure a faithful performance of the contract for said work shall be one hundred percent (1005) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. 41 No proposal will be considered from a Contractor whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A' License (General` Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and riles and regulations adopted pursuant thereto at'the time time this contract is awarded. The work 1s to be done.in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clark at 9320 Base Line Road Rancho Cucawn a; California. Copies of the plans and specifications; -dva ;table at the office of the City, Engineer. wf11 be furnished, upon application -to the City of Rancho Cucamonga and payment Of $20.00, said 920.00 is nonrefundable. Uppon written request by tha bidder, copies of the plans and specifications will be mailed when said request 1s accompanied by payment stipulated above, together with an additional nonreimbursable payment of $15.00 to cover the ross of mailing charges and overhead. i The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. f In accordance with the requirements of Section 902 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of montes withheld (performance retention). The City of Rancho Cucamohga, California, reserves the right to reiect any and all bids. 4� - ,i�x 4 4 r T — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1989 TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer By: Joel Lazo, Junior Civil Engineer SUBJECT: and Santa Street and improvement Topeka Project. Vance Corporation, for ne amount of $183,626.00, to be funded from System 0evelo w.nt Fund, Account No. 22- 4637 -8751; F.A.U. Section 3. Account No. 17- 4637 -8776; and TDA Article 8, Account No. 1246374783 RE60@VMTION: It is recomended that the City Council accept all bids as submitted and award the contract for Grove Avenue at 8th Street and Atchison, Topeka and Santa Fe responsible bidder,lVance Corporation. for the amount of $183,626.00. owest Background /Analysis Per previous Council action, bids were solicited, received and opened on Augustthe3,app86rentt lowest Mrespons bleubD dderrowith aVabid Camounttiof $183,636.00 (see attached bid summary). The Engineer's estimate was $16:,365.80. Staff has reviewed all bids received and found them to be completed the riquired background investigation requirements. all bidders hto meet the requirements of the bid documents. Respec —!Mbmitted, R � Attachment cc: Purchasing 43 1 CI1Y OF RUICNO tl1GIpNGA SUlWtY OF PROPOSALS OPENED ; PAOIECT The Improveaent of Grove Avenue at 8th Street to Intersection GATE: August 3, 1988 T and Railroad Crossing (A.T. and S.F. Railroad Crossing No. 2 -99.7) LOCATION: 8th Street to Intersection and Raiiread Crossing CONTRACT NO.: 'tip ENGINEERS EST. VANCE CORP. SULLY-MILLER LA120 MUST. ,g ITEMS QWNIYIES BID AMOUNT BID AMOUNT BID AMOUNT 010 AMOUNT T 1. Clearing and Grubbing L.S. L.S. 5000.00 L.S. 7500.00 L.S $300.00 L.S. ISB50.00 2. Unclassified Cut and Fill 1,218 C.T. 10.00 12180.00 7.OD 8526.00 11.50 14,007.00 12.00 14616.00 3. A.L. Pavement Resaval 1,662 SJ 1.00 1662.00 2.60 4155.00 .80 1329.60 1 70 2825.40 4. Crushed Aggregate ease Including Preparation and Fine Grading of Subbase 225 Tons 30.00 6750.00 35.00 7875.00 20.50 4612.50 28,00 - 6300.00 S. A.C. Paving and Overlay 488 Tons 60.00 29280.00 37.00 18056.00 32.85 16030.80 40.70 19861.60 6. 8' P.C.C. Curb Only i Per City Standard 61 L.F. 7.00 427.00 9.2S 564.25 21.00 1281.00 12.40 756.40 7 8' P.C.C. Curb and y Gutter per City Standard 303 243 L F. 10.00 2430.00 9.2S 2247.75 20.00 4860.00 13.8D 3353.40 E S. Variable Face Curb and Cutter per City Standard No. 303 73 L.F. 9.00 657.00 9.25 675.25 20.50 1496.50 13.80 1007.40 9. P.C.C. Sidewalk and ,. Ramp per City Standard Nos. 310 and 311 or as - Shown an Plans 2,040 S.F. 2.00 4080.00 2.25 4590.00 3.10 6324.00 1.80 1672.00 10. P.0 r Orlve Approach per Standard No. 3w 4 Ea. . 625.00 2100.00 400.00 1600.00 725.00 2900.00 1000.00 4000.00 CITY OF RANCHO CXW4'.ALt _ Sl"y OF PROPOSALS OPENED Avenue DATE: August 3, 1988 PROJECT mE Improvement aira ossfnq lA and SLFE A,11r�ad Cross n9 Not12 -99.7) to Intersection and Railroad Crossing COHIRACT .40.: LOCATION: 8th Street ENGINEERS EST. VANCE CORP. SULLY- MILLER LAIRD LONS. QUANTITIES BID ARM BID AMOUNT BID AMOUNI BID AMOUNT ITEMS 11. 24• Diameter of L.F 50.00 3250.00 40.00 1000.00 61.00 ]525.00 46.00 1150.00 Corrugated Metal PIP* 2S 12. Remove Existing Curb 125 L.F 4.50 552.50 g.00 1000.00 3.60 4, 00 6.60 825.00 and Gutter 13. P.C.0 HCA&All Per San Bernardino County Road Dept. Standard 650.00 1501.00 1500.00 4450.00 4450.00 1725.00 1725.00 No. 209A 1 650.00 14. P.C.C. Concrete Collar with Rebars per Los Angeles County Flood District 400.00 550.00 SSO.00 460.00 460.00 Control Standard N0 s -0393 1 EA 3.0.00 3 .00 400,00 15. Removal Traffic Stripes L.S. 1000.00 L.S. 1000.00 L.S. 1070.00 L.S. 1150.00 and Pavement MArtin91 L.S. 16 Traffic Striping. Pavement Wrongs and Steel Guide Signing Markers and Aeflectiva 2500.00 L.S. 2810.00 L.S. 3ODO.00 L.S. 3230.00 Mertens L.S. L.S. 11 Water 375.00 175.00 875.00 212.00 1060.00 90.00 x50.00 C.C.N.O Standard No. 4 5 FA 75.00 ■ CITY OF RANCHO CUCAMONGA MOT OF PROPOSALS OPENED PROJECT .ne Improvement of Grove Avenue at 8th Street to Intersection DATE: August 3, 1985 and Railroad Crossing (A.T. and S.F Railroad Crosalnp No. 2.99.7) .�, LOCATION: Sth Street to Intersection and Railroad Crossing CONTRACT NO.: S ENGINEERS EST. vANCE CORP. SIR LY-MILLER LAIRD CONST. ITEM OUWTITIES 810 U1WU BID AMOUNT BID AMOUNT 910 MGM 18. Adjust Sever Nanbole to Grade per C.C.N.D. Standard 2 U 250.00 SOO.00 3SO.00 700.00 318.00 636.00 350.00 700.00 19. Adjust Store Drain Manhole to Grade per City Standard 1 U 250.00 250.00 350.00 350.00 318.00 318.00 350.00 350.00 20. Pavement Grlding or Cold Planing 2,250 S.F. .20 450.00 1.00 2250.00 1.26 2835.00 1.06 2385.00 21. Traffic Signal including Controlltr Cabinet, Detector loop. Miring and all necessary Appurtenances Cccpleta L.S. L.S. 78500.00 L.S. 94250.00 L.S. II0000.DO L.S. 120250.00 22. Expose Existing 24' CW. visually Inspect, Clean and Backfill Trench Complete L.S. L.S. 2000.00 L.S 2000.00 L.S. 7000.00 L.S. 5750.00 23. IUdify Existing Gobbler Weir Lip (Local Oepritsion) Complete L.S. L.S. 1000.00 L.S. 950.00 L.S. 530.00 L.S. 1'00.00 24. A.T. 8 S.F. R.R. Co. Insurance Coverage Requirement L.S. L.S. 2500.03 L.S. 3000.00 L.S. 1000.00 L.S. 2165.00 `,�'• CITY OF RANCHO wt,.:," sUKKART OF PROPOSALS OPENED �- : pAQ1ECI The t and As I+p?Ovmnt of Grove Avenue at f.th Street to !atersect ;m DATE: August 3. 1988 (road Crossing (A.T. and S.F Rallroad Crossing No. 2.99.7) LOCATION: 8th Street to Intersection and Rallmd Cresting CONTRACT A4).: CIGINEEAS EST. VAKE CORp. SLUT -MILLER WAD com. ITEMS QUANTITIES BID AMUNT DID HUNT BID - 75. Traffl Coatmi and s BID MOW Signfng L.S. L.S. 2500.00 L.S. 2500.00 L.S. 1640.01 L.S. 7950.00 26. Construct pattern Stamped Colored Concrete 134 S.F. 10.00 2412.011 •2.00 1607.00 12.50 1675.00 15.03 2510.00 TOTAL SUM OF BIDS (S) 161365.50 171982.25 195905.40 ADDITIVE (ALTERNATIVE) BID ITEMS _219912.25 101 Rmova existing 24' C)P Store Drain pipe. Recompact Trench 100 L.F. 5.00 500.00 13.00 1300.0) 4.22 422.w 102 Furnish and Install 24' .60 1380.01 C (2000 ad) Complete 125 L.F. 60.00 7500.00 82.75 10343.75 161.00 20125.00 90.09 11230.00 TOTAL SIN OF BIDS WITH ADD MWE (S) 169365.50 IBT6z6.00 216452.40 z32542.20 ■ i _ ... _ �„ �.e'�;•i::"f3N�'�`�riy,�%'�`�"Rn �',�.i�:9u�',.`,'�i= �"-.`,t�''� '. •Qyy�,<<l�_ ._,. _ .:. Ile t CITY OF RAII440 CUCAIOWA SUMWY OF FIIOMSALS Wan �i• E:IGHM'S ESTIMATE: $161,36S.80 FAQIECT The Isvroveaent Of Grove Avenue at ath Street �S to Int mectian ind Ratiroad Crossing (A.T. and S.F. Raiiload Crossing Bo. 2.49.)) GATE: lU9ust 3, 1968 r LOCATIOM: 6th Street to Inttew.ti0n and Railroad A Crossing CoutucT MO.: S:MtANY: YAQ2 CEN►. SULLY -MLLER LAIRD cast. TOTAL SiM OF 110 (S) 171.982.25 1".WS.40 219,912.m 70TAL SUM OF eI0 YITM AWMVE (S) 187.626.00 216.432.40 232.942.00 11 z d ■o w CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: August 17,. 1988 'to: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Joel Lazo, Jr. Civil Engineer SUBJECT: Award the Replacement of /kite Alder Trees (Tract 11934) Improvement ProJect west o1' victoria Park Lane and north of Southern Pacific Railroad to Steven Schultz Company, Incorporated, for the amount of $37,458.00, to be funded from Landscape Maintenance District No. 2, Account No. 41- 4130 -8769 with a loan from Beautification Funds RECO OMFIATI0U: It is recommended that the City Council accept all bids as submitted and award the contract for Replacement of White Alder Trees (Tract 11934), west of Victoria Park Lane and north of Southern Pacific Railroad Improvement Prolect to the lowest responsible bidder, Steven Schultz ComparUf, Incorporated, for the amount of $37,458.00. BACKGROUND /ANALYSIS Per previous Council action, bids were solicited, received and opened on July 29, 1988 for the subJect prole. -t. Steven Schultz Coapany, Incorporated, is the apparent lowest reso�,sible bidder with a bid amount of $37,458.00 (see attached bid summary). The Engineer's estimate was $25,000.00. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respect 1 befitted, 1L:dlw Attachment cc: Purchasing im t' CITY OF RAM WCAMOMCA ' ' SUMINY Or PROPOSALS OPENED y PROJECT: White Alder Tram Removal and Replacemeat for Tract 11931 DATE: Jily 29. 1988 r `1{ LOCATION: Tract 11931 CONTILACT MD. t� STEVEN SCMIATZ NEST COAST B -1 ENTERPRISES .` COMPANY ASOR ISIS ITEMS QUANTITIES BID AMOUNT BID AMOWT BID AM00NT 1. Clearing end Grubbing (tree removal) 172 Ea. 71.00 12,728.00 135.00 23,220.00 99.00 17,028.00 2. Provide and install 15 Gal. trees per plans and specs., Including stating and Arbor -Guard 171 Ea. 110.00 19,110.00 95.41 16,530.00 130.00 22,620.00 , 3. Provide and Install sod to re damaged arease 1770 S.F. 1.50 2.580.00 1.05 I,B06.00 1.00 1,720.00 1. ProvlJ8 and Install r materials necessary to .Q x repair or replace irrigation syiteau 86 EA.* 05.00 3,010.00 25.00 2,150.00 100.00 0,600.00 rr • This number is based on the assumption that the contractor will Incur conflict with Irrigation systems At SOS of ,misting trap locations. �i ' • Based upon available Information it 1s Impossible to identify the costs Iteleptone. Cable TV, water, electrical, Lf assoclated with utility repairs. gas, etc.) 3 TOTAL SIN OF KIDS (S) 37.08.00 43.706.00 19.968.00 .• s .,. ...T.;.- ',�1•���`?1 sWi;'�i,'1 ^: ki'�; �a�.^",�- '::•?�:•'�f' { "r �:..�.�;VSZ,.:i .,.q,,�+,, ri,F.ti {�iw ,•�. -4;,. ._u; -_ `lr,y: r•a_�, �'�a� 5•,.:i x °�'S.Y,a` >� }..c+�•:.,t'':dx w?s;':w'�� _�.;k_,•Y�� "' ^�'. +`S`�i„'__,. CUT OF RAYGp CUCAM'A" a SW W T OF PROPOSAL'S OPEAED EUGIREFR'S LSTIMITE: S PROJECT: ITlte Alder Tm Rmeal aed peplaceaent for Tract 11934 DATE: I. ' >, 1980. �. LOCATION: Tract 11934 COMU G t SWWT• TOTAL SIM OF RIDS (S) 8T,458.OJ U,TT7R.00 49,968.00 _ ~J �,e. ;:fr-. 1T•X �•• �i'�: � � � - 4a * ".-7'� "•" -r,•r N, i "•, :;, _h"�•ST v+ry,•�i%?1'�S9 CITY OF R9NCHO CUG,"IONGA STAFF REPORT GATE: August 17, 1988 T0: City Council and City Manager FROM: Elizabeth Stoddard, Finance Manager SUBJECT: SUIIPIUS EQUIPMENT RECOMMEMOATIOR- City Council declare a 1979 Oldsmobile Cutlass, and an Elgin Swoeper surplus end authorize sale of vehicles through public auction. BACKGROUND- From time -to -time the City =st dispose of vehicles that become too operate duc to a high incidence of repair. The 1979 Oldsmobile Cu., vehi ^.le Identification numbar 3R4789R46C068, and 1979 Elgin Sweeper, vehicle Identification nuaber 6103511CA23107547807T, are scheduled for replacement during the 1988/89 fiscal year. The 1979 Oldsmobile Cutlass was originally scheduled for replacement during the 1984/85 fiscal year. At that time, it was decided to Postpone replacement of the vehicle until it was no longer a reliable vehicle. It is now requested the Oldsmobile Cutlass and the Elgin Sweeper be declared surplus and authorize sale of the vehicles through public auction. Respectfully submitted, Elizabe atoddard Finance Manager ES:cp 50q, i l c�, +'WFi ■ CITY OF RANCHO CUCAbIONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Richard L. Alcorn, Code Enforcement Supervisor SUBJECT: RENEWAL OF CONTRACT FOR CODE ENFORCEMENT REPRESENTATIVE I RECGMIENDATION: It is recommended that the City Council approve •. renewa o contract services by Joe Torrez as Code Enforcement rer tentative for Fiscal Year 1988/89. 11. BACKGROUND: Joe Torrez has been employeu by the City on a con vac asis since 1985. During this tire, he has been involved with all aspects of the Code Enforcement Program and proven to be a valuable resource. The Agreement approved for his services in Fiscal Year 1987/88 included provisions for an annual performance evaluation. This was intended to provide an opportunity each year to assess contract requirements, and make appropriate cost of living or other salary adjustments. This evaluation process has recently been coa�.leted and necessitates a revised Contract Agreement. The attached Agreement is substantially the same as for the preceding fiscal year. The job definition and description of duties has been revised to remain consistent with the responsibilities for the regular full time Code Enforcement /Oilflce �Alsp s ten percent (lin) salary increase has been In ludre���jpffff jj response to cost of living increases and a favorable jo pe o nce evaluation. Brad Bu er City planner BB:RA:ns Attachments: Agreement (CO 85 -085 Amendment) Exhibit 'A', Jab Description 53 (CO 85 OS�SSAMENDMENT) Ajfr betweenithegCITYYnofiRancho Cucamonga, a Munic1Da11CorporationA(hereinafter• known as 'CITY') and Mr. Joe Torrez (hereinafter known as "CONSULTANT'), A. Recitals, (i) CITY has heretofore issued its intent to contract for professional services with respect to code enforcement activities (hereinafter referred to as 'services'), with CITY for theiPerformance of such service9re issued an intent t0 contract necessary to accomplish) he dutiessof to code enforc�ntactivitiesform services such services and is WillingTttopr represents rm such services as hereinafter efined. as follows: NON. THEREFORE, it 1s agreed by and between CITY and CONSULTANT 8 Agreement, I Definition: The following definition shall apply to the following term, except w ere a context of this Agreement otherwise requirus: requirements (describe Senvices, The completion of those Code Enforcement 4�E -Fibi t 'A' hereto, 2. CONSULTANT agrees a_ s fol= accordance with Exhibit 'A' hertosand al lotnwac accordance with FederalicState� and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY, in accordanceb)with thisNSAg eemmentnandbshalle notesecurenand hirpna y other persons to comply with the terms of this Agreement. RY other 3. CITY agreeaas follows: the performance of the servicesxrequ redahereunders This shallrcover the hour for cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT Payment to CONSULTANT, by CITY shall be made in accordance with the schedule set forth below, W ,1 Joe Torrez Agreement Page 2 (b) payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall ba paid within a reasonable time after said inroand are received by CITY. All charges shall be in accordance with CONSULTANT's proposal ndividuals a ks. wl In no respect willeSsaid invoices a �exceedn 95% of individual task totals described In Exhibit 'A ". requested, inc)writing. by CITY, shall be paid on a for reimbursement basis In accordance additional services shall schedule e invoiced n�a monthlypbasis)andbshall be paid by CITY within a reasonable time after said invoices aro received by CITY. CONSULTANT shall not be paid for any services performed in excess of forty (40) hours each wort week unless such additional hours are requested by CITY for additional services. 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth to Exhibit "A" hereto. (b) Such information as is generally available from CITY files applicable to the service requirements. (c) Assistance, if necessary, in obtaining information from other governmental agencies and /or private parties. However, it shall be CONSULTANT's responsibility to make all initial contacts with respect to the gathering of such information. S. Ormershlp of Documents: All documents, data, surveys, drawings, maps, photographs an repor prepared by CONSULTANT pursuant to this Agreement shalt be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identifted materials shall be deifeered to CITY by CONSULTANT. 6. Termf yylving of ate) (15) days prior t this Agreement CONSULTANT's appl a pro -rata basis the date of terms than the maximum to MY any and a reports, whether of termination. n: This Agreement nay be terminated by CITY upon the 'Notice of Termination" to CONSULTANT at least fifteen e of termination specified In said Notice. In the event so terminated, CONSULTANT shall be compensated at e hourly rates as set forth In paragraph 3(a) above, or respect to the percentage of the protect completed as of o. In no event, however, shall CONSULTANT receive more fled in paragraph 3(a), above. CONSULTANT shall orovide rt or final form, prepared by CONSULTAW s- of the date TANT may not terminate this Agreement except for cause. 55 Joe Torrez Agreement Page 3 7. Notices and Oes1 noted Representatives: Any and all notices, demands, invo ces an wr en comun ca ons ewe ^n the parties hereto shall be addressed as set forth in this paragraph 7. The below namM irdividuals, furthermore, shall be those persons primarily responsible for a ,arformance by the parties under this Agreement: City Manager Director of Community Development City Planner Deputy City Planner Code Enforcement Supervisor AMY such mall, shall deemed to have been demands, Invoices the addressee forty- efghts(48) hours after depcsit thereof in the United States sail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall not commence work under this or coo7anies acceptable otofciTYa11CONSSULTnANT sh4A take utdandlsaintaolnaat all times during the tern of this Agreement the following policies of insurance: (a) Yorkers' Com ensation Insurance: Before beginnirg work. CONSULTANT shall furn s o CTTU-a—c—e—rTTfrc—aT-e--or insurance as proof that it has taken out full workers compensation Insurance for said CONSULTANT in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to this employee. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: 'I an aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.' certificate (of insurance bail proof work, it CONSULTANT shall end will imaintain through to term of this Agreement automobile liability and property damage insurance in an amount not less than $100,000 (one hundred N,ousand dollars) for CONSULTANT and CONSULTANT's business vehicle. l Indemnification: CONSULTANT +,d. indemnify save harmess CI seec ed and appointed officfis,offics,agents and employees, from all )lability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal casts and attorneys fees, In any manner arising out of or incidental to the performance by CONSULTANT of this Agreement, Including, but not limi•id to, a'.l consequential damages, to the maximum extent permitted by law, �1 Joe Torrez Agreemint Page 4 ;4 x10. .It's,'. ," ; -No assignment of this Agreement or of any pant or obligatfLT r ormancrt• hereunder snall be made, either in whole or in part, r by CONSULTthout tha prior written consent of CITY, ';• 11. Inde endent Contractor: The parties hereto agree that CONSULTANT is an indepe—nVenf-con-FaRctor un er this Agreement and shall not be construed for any purpose to be an employee of CITY. 12. Governinq __La�w• This Agreement shall be governed by and construed in accordance w 1 iffeTaws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any Erna or provision of the Agreement, the prevailing party in r said legal proceeding shall be entitled to recover attorney's fees and - "costs from the opposing party ,in an amount determined by the Court to be reasonable. 14. Annual Evaluation: ' CONSULTANT shall be evaluated annually in writing as w the peerfomance and fulfillment of contractual duties. 15. Entire Agreement. This Agreement supercedes any and all other agreements, either oraT or n writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein +nor any other Agreement, statement, or promise not contained to this Agreement shall be vai:d and binding Any modification of this Agreement shall be effective only if it is to writing signed by all parties. IN WITNESS WHEREOF, :he parties hereto have executed this Agreement as of the day and year first set forth above: w CITY Dennis L. Stout, or a ATTEST: Beverly A. AufFeFreE_,rITT- er 5% a 0 Joe Torrez Agreement Page 5 EXHIBIT 'A' CODE ENFORCEMENT COMMTAMT DEFINITION To perform technical field and office investigative work in the enforcement of various City codes and ordinances; process and issue related permits, notices, " reports and public hearing documents; provide information regarding codes and .r procedures to residents and businesses through extensive public contact. SUPERVISION RECEIVED AND EXERCISED 9 General supervision is provided by the Code Enforcement Supervisor. No supervision is exercised over other personnel. REOUIREMEWIS Duties are required as follows: 1, Respond to requests and initiate field checks to identify possible violations 1` of a variety of City codes and ordinances. Investigate violations, contact responsible persons, and perform follow up inspections to ensure that remedial action has been taken. Keep detailed documentation of case activity. Compose written correspondence including letters and memos. Research and compile information and prepare written reports and statistical data on a variety of topics. Issue Warning Notices and Notices to Appear in Court. Prepare code violation cases for prosecution by the City Attorney and District Attorney, Organize assigned field and office work to provide efficient handling of citizen complrints. Provide information requested by the public and City staff in person and on the telephone Learn and explain appropriate City codes and ordinances. j Understand legal descriptions and boundary maps of real property. Joe Torrez Agreement Page 6 V Analyze and compile technical information on code investigations S ; iY violations. x' Apply investigative techniques useful in ensuring compliance with arpropriate £c codes and ordinances, aN -: Establish and maintrin effective working relationships and communications with ? the public, other City personnel, and outside agencies. ti Communicate clearly and concisely, orally and in writing. 'k Operate a computer terminal. Operate a two -way radio. Work independently in the absence of supervision. Possession of a valid California driver's license. Certificate of Completion of a course in "Laws of Arrest. Search and ^seizure" (P.C. 832). i 7 5q1 L ' Joe Torrez Agreement - Page 7 CODE EWfCRCEMEAf CONIAACT I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers, Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. k I Y' law , L' N r — CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: August .f, 1988 ; TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Joel Lazo, Jr. Civil Engineer SWECT: Approval to award and execute standing Fiscal years professional services agreements with J. P. Kapp and Associates, Ha -.kett and Kranzer Surveying, Incorporated, and Associaf'1 Engineers, Incorporated, for design and ccnstruction surveying staking, rat to exceed $6,000.00 per design or construction survey project, and with Schaefer Dixon Associates, Incorporated and Richard Mills Associates, Incorporated, for design and construction soils and materials testing, not to exceed $3,000.00 for each design or construction testing project. RECOMMENDATION: It is recommended that City Council accept the submitted proposals, award and execute the professional services agreement for surveying services under $6,000.00 to J. P. Kapp and Associates, Incorporated, Hackett and Kranzer Surveyingg, Incorporated, and Associated Engineers, Ir *orporated. and for materials testing services under $3,000.00 to Schaefer Dixon Associates, Incorporated and Richard Mills Associates, Incorporated. BMKGROUHD ANALYSIS Staff has requested, received and reviewed qualifications and proposals submitted by these consultant firms: Surveying. J.P. Kapp - and Associates, Hackett and Kranzer Surveying, Incorporated, and Associated Engineers, Incorporated. Soils: Schaefer Dixon Associates, Incorporated, and Richard Mills Associates, Incorporated, and has determined that they are all qualified to provide subject services for these projects. Staff has received from J. P. Kapp and Associates, G( r ``T� � eM- ir:•:ir:4} j�}.�S`�.'y�l�j"/� S}=` : l• - r. • �: U: -, .:, � • � _ r \rF'.`Fi �j.., CITY COUNCIL STAFF - REPORT r' 1988/89, 1989/90 8 1990 /9l FISCAL YEARS PROFESSIONAL- SERVICES AGREEMENTS Incorporated, Hackett and Kranzer Surveying, Incorporated, Associated Engineers, Incorporated, Schaefer Oiuon Associates, Incorporated and Richard Mills Associates, IncorporaVd, executed professional services agreements and insurance documents, reviewed them and found then to be complete and in accordance to the City's requirements. Respect� subnitted, � n RHM:JL:dlw cc: Purchasing 16' �` r S`• P 5r. i.J x 1"w .titiY,:s,(y�. '..a9'�- s. +'+. -y' "•, v. :. �y+i =, ?F' : ?�' .��I w CITY OF RANCHO CUCA 1ONGA yeti ;; STAFF REPORT DATE: August 17,-1988 ' TO: City Council and City Manager FROM: Russell H. Maguire, City Engineer BY: Joel Lazo, Jr. Civil Engineer SUBJECT: Execute contract for the Sapphire Trail Landscaping and Reconstruction Improvement Project South of Banyan Street awarded to Joe Hale Construction Company for the amount of f89,800 ($81,596 plus 103 contingency) to be funded from Beautification Fund - Account No. 21- 4647 -8723 It is recom -nded that City Council authorize the Mayor and City Clerk to execute the contract documents for tho Sapphire Trail Landscaping and Reconstruction Improvement Project,, and authorize the Admfnistrat''ve Services Director to expend $89,800, (381,5% plus 103 contingency) to be funded from Beautification Fund - Account No. 21- 4647-8723. BACVROUND /ANALYSIS On July 6, 1988, City Council awa Construction Company. Staff ha: Company, executed contract documr reviewed them and found them to be contract proposal. Resp f y ubmitted, �M:JL:dI}T- cc: Purchasing rded the subject project to Joe Hale received from Joe Hale Construction nts, bonds and insurance documents; complote and in accordance with the W CITY OF,RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager �G R,'Cftk Jerry B. Fulwood, Director of Resource Services BY* Thomas Smihula, Data Processing Ccordinator SUBJECT: Aonroval to exoc rte noreement for contract services with McAllister for comnuter'system development in the amount of $15.000 to he funded from contract cervices Account No 33- 4130 -8028. Staff recommends City Council's approval to execute a contract for contract services aimed towards developing, planning, and monitoring of Rancho Cucamonga's Management Information System with McAllister in the amount of $5,000. BACKGROUND: With the expansion of the Resource Center to include Management Information Systems (MIS), Geographic Information System (GIS), and Automated Mapping has created the need for a Management Information Consultant to assist In the planning and monitoring of short and long - range plans, and schedules. P submitte d�' F� ood Director of Resource Services JBF•TS:sgr Attachment rr.. SEM-518 14Ju1B8 City of Rancho Cucamonga, 9320 Baseline Road., Rancho Cucamonga, CA 91730 ATTN Mt Jerry B. Fu!wood SUBJECT Proegsal far hanscemen' CQnsultina Services for Information SUetem Planning and Pra sect Control Dear Jerry: Pursuant to our conversation regarding the above subject, please find this letter to be a proposal by the undersigned to provide management information services toward the pisnning and monitoring of Rancho Cucamonga's information systems This management consulting proposal includeu the cooperativa developmsnt of computer and information systems policies and Procedures For both hardware and software This proposal includes assistance for you in developing short - rarge and long -range plans and schedules For such computer systems, as well as the communications among computer users and cith the ^g,.rty of San Bernardino -'`le proposal includes, but is not limited to, trio rullowirg - ttree s;;eciFic areas of Rancho Cucamonga a lnfcr- .or, - „stems ecaraphic Information System eG 1 S ) For analyzing tracts and maraging building permits a„tc -ated - apping to assist IT management of the updating of the database and the generation of maps "anagoment InFormation Systems (,1,I,S,) including Financial, accounting, general ledger, purchasing, and city clerk Information System Planning includes basic managament concepts and strategies as well as related areas as raqui -ed. 66- Mu Can For the above statement of work is 575.00 per hour pluo any out -of- pocket• expanses incurred as a result of thls,wairk including the drive botween my office In San Bernardino and yo.jr office in the City of Rancho Cucamonga. The accumulation oF.,- these Fees wall not exceac 55,000:00- in the Fiscal Wear'1988 /89. A written summary of computer and information systems status will be mailed to you after each consulting session together with my total hours For that weak plus out -of- pocket expenses. W Yours SSnceralW, Eric McAllistar, 4S0`i David Way, San Bernardino, CA 52404 - 141B. ...m..- 914- 886 -3985 r i 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 - TO: City Council and City Manager IRCAk Jerry B. Fulwood, Director of Resource Services By Thomas Smihula, Data Processing Coordinator Ctaff recommends that City Council approve the exec0don of the contract for off -site storage for backup d: to associated with the City's Mini and Personal Computer Systems with Datavault United States Safe Coposit Company In the amount of $2,155. Fr". IM P Establishment of the City's Data Processing Division has made protection of computer data for backup purposes critical. Datavault is a firm that specializes in providing these services. This will ensure added protection against thief, fire, and other disasters that could destroy valuab!e data. l Following Is a breakdown of these services: 28 magnets: tapes at $18 per tape $ 504 166 floppy diskettes at $3 per diskette $ 500 52 weekly pwk ups and deliveries at $15 per delivery $ 780 4 Media transport carrier's at $65 each $260 (one time charge) i °s a , CITY COUNCIL STAFF REPORT DATAVAULT August 17, 1988 Page 2 2 Smokin -VU's (Diskettes) at Su$ 90 btotal $ 350 6% sales tax $ 21 Total $2156 kfsubmitted, ood Director of Resource Services JBF•TS:sgr Attachment m i i 1 -- CITY OF RANCHO CUCAMONGA STAFF REPORT Date: August 17, 1988 To: City Council and City Managar From: Russell H. Maguire, City Engineer By: Richard R. Cote, Associate Civil Engineer Subject: Approval and execution of Change Order No. 4 for Professional Services Agreement with Norris - Repke, Incorporated, to perform Design Adainisfration Services for various projects, C.O. 087 -21. It is recomended to expand their contract by $22,636.45 for the Cucamonga Storm Drain Phases .I and II, Hellman Storm Drain, AD 82 -1 and Church - Hermosa Storm Drain projects. to bring their contract total to $109,111.20 to be paid 'rom project funds indicated on said Change Order. RECON EIOATIM- ppro an oxecuticn of Change Order No. 4 for Professional Services A va greement with Norris- Repke, Incorporated, to perform De sigyn Administration Services for various projects, C.O. 087 -21. It is recommended to expand their contract by $22,636.45 to bring their contract total to $109,111.20 to be paid from project funds. BAMK7HKQRi /ANALYSIS• n arc , firm of Norris- Repke, Incorporated, was engaged by the City for the preparation of design roports for Hellman Avenue Storm Drain, Industrial Assessment District 82 -1 and Church - Hermosa Storm Drain. Said work was to be performed on an hourly basis. It is now found necessary to augment the original contract limit to continue administration updates to said projects as well as the newer projects of Cucamonga Storm Brain, Phases I and II. In summary, the additional work includes: a. Hellman Avenue Storm Drain $ 636.45 b. AD 82 -1 8,200.00 c. Church - Hermosa Storm Drain 3,200.00 d. Cucamonga Store Drain, Phase I 1,800.00 e. Cucamonga Storm Drain, Phase II 9.000.00 Res Y, $);Witted. RNM�RRC:.paar�� Attachment TOTAL $22,636.45 I Yxr a It CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANGE ORDER CONTUM FOR -- urger no.: Project Administration - Hellman Ave. Storm Drain. AD 82 -1, Church - Hermosa Storm Drain, Cucamonga Storm Drain, Phases 1 and II August 9, 1988 TO: Norms -Re ke Inc. 507 E. First St. Ste. A. Tustin CA 92680 ng neor You are hereby requested to comply with the following changes from the agreement for engineering services. DE5GRIPTIUN UP CHANUS INCREASE in Contract Price In Contract Price 1. Hellman Storm Drain (23- 4637 -8626) S 636.45 2. AD 82 -1 (83- 4637 -6028) 8.200•00 3. Church - Hermosa Storm Drain (23- 4637 -8761) 3,000.00 4. Cucamonga Storm Drain, Ph. I (23 -4637 -8847) 1,800.00 S. Cucamonga Storm Drain, Ph. II (23- 4637 -8860) 9 000.00 TOTAL T�636.45 Continue Project Administration Services The amount of the Contract will be tbee+eased4 (Iocreaasd) by the sum of: Twenty Two Thousand Six Hundred Thirty Six and 45/100 —Collars ($22.636.45 The Contract Total including this and previous Change Orders will be: One Hundred Nine Thousand One Hundred Eleven and 2O /iG0 y__ Dollars (5109,1 . The Contract period provided for completion wilt be Einereasa6)f8eeraesed) (unchanged) Work on an Hourly Basis Days This document will become a s plement to the Contract and all provisions will apply hereto. /Z Requested: sae agu re 9 neer ate Accepted: r ng n er ate Approved: Mayor, City of anc o Cucamonga Date This intoiwtion will be used as record of any changes to tile or g na engineering agreement dated: Approved March 4, 1987 n C.O. 87 -21 /0 is , NORRIS— REFKE, INC. _ n-J Conau g Cmd Enpinaere and Leno Surveyoro 1 307 E FIPST ST • IiURE A a TUSTN. CALIFORNIA 92660 • (714) 730.6410 .Jpc4 P ,Jpn1 ow nuaaw Wa .W. FwPw� jD waa..awa. August 2, 1988 "" AUG ; 1988 LJJ COY CF i xw vito .nOd En01REEP010 01YIS103 Mr. Richard Cota City of Rancho Cucamonga 9330 Baseline Road Rancho Cucamonga, CA 91730 RE: Cucamonga Storm Drain Phases II, III 6 Iv Dear Mr. Cota, As requested W. are proceeding with project administration services for t 1 e design of the Cucamonga Storm Drain, Phases II, III d Iv (Station 28 + 50 to 56 + SO). We understand the work will be done under our present project administration contract and consist of the following: 1. Prepare RFP 2. Review and analyze proposals and recommend consultant selection. 3. Process consultant contracts. 4. Provide design consultant contract administration in- cluding meetings, coordination, providing direction, plan checking and other work required. Our initial fee estimate for the work required is $3,000.00. Fee will be invoiced monthly based on our standard hourly rates. The actual fee amount may be more or less depending on the project requirements and direction received from City Staff Please process a ch4nge order or purchase order for this amount. Sincerely, -� l �Lt /dF /C Warren N Repko (((/// WWR /ph 66 -056 mmo /( NORRIS— REPKE, INC. ^'J Consul ng CiW Engnrore and Land Sumayore 507 F- FIRST ST • SUITE A . TUSTIN, CALIFORNIA 62680 • (714) 7308490 J AN . or<uartaw August 9, 1988 ow.,00:.w°P`• ) 1 Mr. Richard AUG 10198G City of Rancho ho C Cucamonga 9330 Baseline Road, Suite 203 CHY CF kty640 CUU4011GA Rancho Cucamonga. CA 91730 ENSINEERING OhiSIJR RE: Project Administration Services Dear Mr. Cota, This will present the fee status and an estimate of the work remaining for some the administration contracts we beleive will require work beyond the fees remaining in the present purchAte orders. As you are aware the actual scoppe of the work for projects is unknown and varies constdera6ly. Therefore, the fee estimates noted may be over or under the actual needed. Hellman Avenue Storm Drain (66 -05.1) Work remaining: None Services Provided to Date 2,727.75 Contract Balance as of last invoice period (May 31, 1988) $2,091 .30 Change Order Amount Required 63b� Assessment District 82 -1 (66 -05.2) Work remaining: 1. Ass e sment Engineering (see Walt Hamilton letter attached). L . Coordination of work of Assessment Attorney. 3. Meeting, processing and general coordination of District procedures. 4 Completion of revisions to existing plans for priority No. d 2 and preparation of specifications and cost estimates. 5 Make final revisions to report based on assessment engineer's evaluation. 6 Other work as directed and required Fee Estimate for Work Remaining $12,000.00 Contract Amount Remaining as of 7 -22 -88 3 800.00 Change Order Amount Required 8:200:00 pia e �f �.4 F' i Page 2 August 9, 1988 Hr. Richard Cota Church Hermosa Storm Drain (66 -05.3) Work remaining: 1. Design contract administration including meetings. coordination with consultant, plan checking and other work as directed. Fee Estimate for work remaining $6,000.00 Contract Amount Remaining as of 7 -22 -88 33 000- -00 Change Order Amount eucamcnga Storm Drain Phase 1 (66 -05.4) Work remaining: 1. Environmental Study 2. Design contract administration including meetings, coordination with consultant, plan checking and other work as required. Fee Estimate $5,000.00 Contract Amount Remaining 3 200.00 as of 7 -22 -88 ' Change Order Amount 1,�b6.011 The total order request at this time is therefore $13.636.44. Please process at your earliest convience. Because of the desire to continue these projects moving, we will continue to work on them during the processing of the change order. if you have any questions please give me a call. Sincerely, 7Z(5- REPKE. I N Warren Repke WR /ph 66052 ltr '3 1• J.; 3 i K1 rJif,fi „Ifxi �fNin4 gxc June 20, 1988 Z_-rkf // :9 ” 14192 CU Wa CAIVL 10119 A•C,O IAVH& n.r110AN1A 11714 ff m 1111101 Mr. Russell Maguire City Engineer City of Rancho Cucamonga Post office Box 807 Rancho Cucamonga, CA 91730 RE: Determine use of Surplus Punds in Assessment District 110. 82 -1 Dear Mr. Maguire: Professional Assessment Services (PAS) is pleased to submit this proposal for providing assessment engineering cervices for the above referenced project. I am familiar with -he district as I was the Assessment Engineer during the confirmation of the original assessments. As I understand the above referenced project, it is the city's desire to utilize, by law, as much of the surplus funds as possible, to extend storm drain facilities within A.D. No. 82 -1. In order to accomplish this, it will be necessary to review the original proceedings in making Such a determination and the scope of services I foresee are as follows: 1. - with the assistance of city staff, determine the available surplus funds from: a. Street construction b. Storm drain construction - 2. - with the above figures, assist in determining what facili- ties would be eltgibla for construction. 3. - Should there be surplus storm drain and /or construction funds, assist city Ln proportioning refunds per the original assessment formula. 4. - Attend meetings as required. 1?4 1 N Mr. Russell Maguire City of Rancho Cucamonga June 20, 1988 Page Two PAS shall perform the above services on a time and material basis, not to exceed $6,000, but shall not include the cost of printing, reproductions, assembling, typing or mileage, which cost will be invoiced to the city as invoiced to PAS. Invoicing shall be on a monthly basis at the hourly rate as shown on the "Hourly Rate Schedule" attached herein. In order to perform the above services, it vill be necessary that certain material and services be provided by the city or engin- eers of design. I. - Map showing proposed storm drain facilities. 2. - Individual cost estimates of each facility. 3. - Set of recorded diagram maps of Assessment Diatric0: No. 82 -1. 4. - All recorded amended diagram maps reflecting apportionments. WS. - original computer printouts showing method Of each parcel within A.D. No. 02 -1. assessments to 6. - Computer for calculating refunds (if necessary) and this should contain the present owners and their address. I appreciate this opportunity to submit this proposal -and sincerely look forward to assisting the City of Rancho cucamonga in the use of surplus construction funds. Very truly yours, PROFESSIONAL A SESSNENT SERVICES, INC. NHamilton Enclosure H8 /alt /5' v q. EMIBIT "B" Project Schedule A fixed timetable Is not Included with this contract. Work shall be performed on a time and materials basis .� In conjunction with the work of others in preparing '- construction documents and legal counclI for ' Assessment District No. 82 -1. .s. :a O t t�uaamof 1922 MLWR Vnl n Rwa w030 Se+ mrwc r IFQRRU. mr4 ri Ra 47+41 ar+.n0R EXHIBIT �G � COMMENCING OCTOBER 1, 1987 Hourly Hage Rates As Follows: Classification Assessment Consultahion Assessment Engineer Oraftspecson Typist Pee Rate Per Hour $90.00 $70.00 $36.00 $25.00 It should be noted that the Locogoing rates are effective through September 30, 1988. The rataa will be adjusted after that date to compensate for annual labor adjustments and other increases in _ labor coats. Overtime will be paid one and one half of hourly rate for any time over eight hours a day and forty hours per rock week except for Sundays which will be paid double time. Mileage will be :ram portal to portal charged at $0.21 per mile. q r u K ,5 CITY OF RANCHO CUCAMONGA STAFF REPORT Date: August 17, 1988 To: Heyor, Members of the City Council and City Nanager From: Russell H. Maguire, City Engineer By: Paul A. Rougeau, Traffic Engineer Subject: Approval of Contract Change Order No. 0 to Contract No. 87- 20 with Don G.- eek,.and Associates for additional .-,and continuing design administration, Caltrans coordination and plan checking services for the foothill Blvd. /1 -15 Interchange Modification Preject. The amount of :his Change Order is 59,000.00, bringing the total of the contract to $18,500.00. RECOMMENDATION• It is recosended that this adlition to the on -going contract with the firm of Don Greek and Associates be approved. BACKGAOLW /ANALYSIS• This large project is ppreseeding throug;: the Caltrans /Federal A proved process and is now reagy for the start of precise alignment design and Right -of -Nay acquisition, It is expected that this contract will cover design adoinistration and plan checking services through the beginning of construction in 1989. Respectf submitted, Attachment I$ i j C v ENGINEERING SERYICES CONTRACT CHANGE ORDER F*75i:fl9■ rl:� CONTRACT ADMINISTRATION SERVICES FOR ROUTE 66/I -15 Uroer Ho—..3- INTERCHANGE MODIFICATIONS (JOB 11818) 7/27/88 -ems -- TO: DON GREEK AND ASSOCIATES [ng neer You are hereby requested to comply with the following changes from the agreement for engineering services. in Contract Price In Contract Price PROVIDE ADDITIONAL AND CONTINUING 1 ENGINEERING ADMINISTRATIVE SERVICES t AND PLAN CHECKIN: s 9,000 00 TOTAL s 9,000 00 JUSTi- LcATIon INTERIM ENGINEERING STAFF ASS*STANCE TO COMPLETE BUDGETED PROJECTS The a.TOOnt of the Contract will be Neorras O (Increased) by the sum of. NINE THOUSAND Dollars (S 9,000.Od - -T' The Contract Total including this and previous Change Orders will be: EIGHM " 110,1116111 EIVV HHNnRFn Dollars (S 18.500.n0� The Contract period provided for completion will be (Increasedl{9vc7�esod) �tiachtng- INDEFINITE Days This document will hereto. Requested: Acceptad a supplement to the Contract and all provisions will apply j)neer ate ;proved: yor, Goty ut Rancho Cucamonga 7/27/88 Date ate i77s ,nforsat on w - e -ise as record o any c.anges to the original enginee�rng a;r!!-ant dated: 3 -4-Ll" C.U. 87 -20 Y w,% CITY OF RANCHO CUCA- NI3NGA }i STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager Cif FROM: Russell H. Maguire, City Engineer BY: Linda Seek, Engineering Technician SUBJECT: Release of Improvement Agreement and Improvement Security Submitted by Luther Alkhaseh and Approved by Council on May 20, 1987, and Approval of Improvement Agreement and Improvement Security Submitted by Jung Hwang 4 Sons Real Estate Partnership for Tract _0246, located on the southwest corner of Hillside Road and Haven Avenue RECOMMODATION It is recommended that the City Council adopt the attached resolution, releasing the Improvement Agreement and Improvement Security submitted by Luther Alkhaseh and accepting the subject agroement and security submitted by Jung Hwang b Sons Real Estate Partnership and authorizing the Mayor and the City Clerk to sign and release aforementioned agreements. ANALYSIS /BACKGROUND Tract 10246, located on the southwest corner of Hillside Road and Haven Avenue was approved by City Council on May 20, 1987. Bonds were submitted by Luther Alkhaseh and accepted by Council. Mr. Alkhaseh is requesting the release of his Agreement and Security and the acceptance of the agreement and security submitted by the new Developer, Jung Hwang b Sons Real Estate Partnership, to guarantee the construction of the off -site improvements in the following amounts: Letter of Credit Faithful Performance Bond: $118,000 Labor and Material Bond: f 59,000 Monum;entation Cash Bond: $ 1,950 Copies of the agreement and security are available in the City Clerk's Office. Resp t ubmltted, •LB:sjm � � Attachments Q V RESOLUTIC A C CITY COUNCIL OF THE, CITY OF RANCHO I RELEASiNG PREVIOUSLY APPROVED V AND IMPROVEMENT S-CURITY 'AW .0 Mpp - APPROVING Ifa'ROYEFENT AGREEMENT, IMPROV ]01` SECURITY, FOR TRACT TY WHEREAS. Tract 1024% consirtiag of 16 lots, submitted 0 by'Lihor Alkhaseh, Subdivider, IccAted On 3 Southwest comer of Hfl!sida Roaud and Haven Avenue was approved by City Council on May 20; 1987. The previous owner. Luther Alkhaseh, has requested the release Of the Improvement d9rcement and security approved by Coun:11 on May 20. 1987, and,the approval of the Improvement Agreement and Security submitted by the new owner Jung Hwang Sons Real Estate Partnership. NOW- THEREI-ORE, THE CITY COUNCIL OF THE CITY OF RUCHO CUCMNC., HEREBY RESOLVES as follows: ' - I 1. That said Improvement Agreement be and the saw Is approved and the Mayor ?s authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good MM and sufficient, subject to approval as to form and content thereof by the City Attorney. 3. That said Improvement Agreement and Security accepted by Council on Pay 20, 1987, is hereby released. of - - \ I 1 i I �� II --- r` r t� ? t� `' � •rsF' of A�SAO COURt c 1 IL •....� 1 .< I 1 40 xi r 1 ? 1 CrrY OF RANCHO CUCAMONGA ENGIIMERING DIVISION Ems:' ✓V rmL. N TrrLE: TRACT 10246 c — CITY OF RANCHO CUCAb10NGA STAFF REPORT .` DATE: August 17, 1987 TO: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Map, Improvement Agreement and Improvement Security for Tract 13075, located east of Hermosa Avenue, south of Finch Avenue, submitted by 1't Nationwide Network Mortgage Company excam "TI0N It is recommended that the City Council adopt the attached resolution approving Tract 13825, accepting the subject agreement and security and authorizing the Mayor, and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS /BACKGROUND Tract 13025, located east of Hermosa Avenue, south of Finch Avenue, in the Low Residential Development District, was approved by the Planning Commission on March 9, 1988, for the division of .G acres into 6 lots. The Developer, 1st Nationwide Network Mortgage Company, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $15,000 Labor and Material Bond: $ 7,500 Monumentatlon: $ 2,700 Copies of the agreement and security are available in the City Clerk's - Office. Letter: of approval have been received from the high school and elementary school districts and Cucamonga County Water 01 strict. C.C.dR.'s have also been approved by the City Attorney. Rasp 15_111 b-0Itted, Rh Attachments N RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAWHO' CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, ' IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 13821:5 - r WHEREAS, the Tentative Map of Tract No. 13825, consisting of 6 lots, submitted by 1st Nationwide Network Mortgage Company, Subdivider, located east of Hermosa Avenue, south of Finch Avenue, hhpas been:subefttid to the City of thecSubdivision aMap Act of tievstate fof Cal,ifornia,, and is compllancefwith -the requirements of Ordinance No. 28 of said City; and WHEREAS, to'arot the requirements established as prerequisite to approval of the Final hap of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said apip�rovaalsaidrFinal Map offeringfforeded { cationmefor public and submits delineated thereon. NON, THEREFORE, THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized o attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to apGproval a$ o form and content thereof by the City Atorney; and 3. That the offers for dedication and the Final Map delineating same be approved aad the City Clerk is authorized to execute the certificate thereon on behalf of said City. I i ■ CITY OF RANCHO CUCAMONGA ENGDrZEtr MG DIVL9ION �V ME Trrr,B: T� r3r� � 16-6- FXINBII: Pr' =L ..1 F 1334 •n 'RAC 1334 ..r ..w�.� ��'� o MB 2 PAGES 27 - 30 a � v . as s• u \ / '` � CITY OF RANCHO CUCAMONGA ENGDrZEtr MG DIVL9ION �V ME Trrr,B: T� r3r� � 16-6- FXINBII: , — CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and Citiy Manager FROM: Russell M. Maguire, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for CUP 84 -34 (Mod.), located on the northeast corner of Base Line Road and Carnelian Avenue, submitted by MW Properties RECO16010ATIOM It is recommended that the City Council adopt the atta,hed resolution, accepting the subject agreement and security and authorizing the Mayor and the City Clerk to sign said agreement. ANALYSIS/BACKGROUND CUP 84 -34 (Mod.). located on the northeast corner of Base Line Road and Carnelian Avenue, to the Neighborhood Commercial Development District, was approved by the Planning Commission on April 22, 1987. Th e Developer, MOW Properties, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $30,000 labor and Material Bond: $15,000 Copies of the agreement and security are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. Res submitted, :sjm Attachments a .t 4y]' RESOLUTION NO. �5 r. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO x CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGRzmW- AND IMPROVENENT'SECURITY FOR CUP 64 -34 (HOD.) ,. HEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on w duly 28, 1986, Dy NOW Properties as developer, for the improvement of public `AI right -of -wry adjacent to the "real property specifically described therein, and generally located on the northoast corner of Base Line Road and Carnelian Avenue; and z WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terns thereof, is to be done in conjunction with the development of said real property as referred to Planning ?� Commission, CUP 84 -34 (Mod.); and YHEREAS, said Improvement Agre•ment is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NCH, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA GHEREBY RESOLVES that said Improvement Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. o I I -- I ot LL t I CITY OF RANCHO CUCAMONGA ENGMEMUNG DIVWON T..' -: •ct�.1w :S`�;ri'= dr.`Tr ii't__:;i .. . �y,:: }.. - ' CITY OF RANCHO CUCAMONGA STAFF REPORT ; y DATE. August 17, 1988 TO: City Cound and City Managor I FROM Jerry B. Fulwcod, Director of Resource Servioas a' SUBJECT: Amrevat to establish mnditsons ter onalnynly- nA aatisfactlon of the 5g�del •� tax�pglleabte to Ihe• Day Creek Cemm�mtn" Facllllies' DlsuMt'NO. 94 -1 and aenrevat of nrenavmard by the Slate of GNIlenti Denartmenl e} Trensg dg ation on Pa at Nos 8107 and 81P8 In the total amount of 1109.948 54. It Is recommended that City Council approve the attached resolution specifying conditions for the prepayment of spacial taxes within the Day Creek Community Facilities Distrlci No. (84.1) and epfuove prepalmteM by the State of California Department of Transportation on Parcel Nos. 8197 and 8198 In the total amount of $109248.61. Parcel Nos. 8197 and 8198 am located on the north side of Highland Avenue and east of MJhken Avonue. Bath parcels are being purchased by the Sate of California as part of the future Foothill Freeway right -of -way. Stern the land will be In 71nal Land Use` category, approval of this resolution would authorize this property for eery prepayment and discharge of special taxes. The attached resolution has been prepared by Brown and Divan, Bond Counsel and has been reviewed by Stone and Youngberg, Underwriter. The prepayment funds will be deposited In a holding account and held until 1992 at which time bonds wit be called. R pocifull submitted, j rry B. Fulwood Director of Rescurco Services JBF:TS:sgr Attachments N / lox V*; .... SUBJECT TO eEvIst«W, April 19, 1988 ' Mr. Jerry Fulwood ° Resource Center Coordinator f• ; City of Rancho Cucamonga : P. O. Box OU7 Rancho Cucamonga, California 91730 s `- Subject: Mello -Roos Community Facilities District No. 84 -1 - Day Creak : Dear Jerry: v { You asked for our reeannxindation as to the amount required to discharge the taxing obligations imposed by your City's Community Facllitlas District No. 84 -1 on properties propgssd for acquisition by the State of California, Department-of Transportation. There are about thirty acre Involved Initially. We recommend that properties be relieved of all Community Facllitlos Dis- trict No. 84 -1 taxing obligations upon the cash payment to the City of $5,848.11 per not acre, provided such payments are mlkdo prior to the tax delinquency date of December 10, 1088. , Net acre is 'defined as that taxable acreage as shown uiron the current San Bernardino County Assessor's maps. Inasmuch as funds to be collected by this process will represent a re- duction In the tax base of the District, such funds should be used to call bonds or increase reserves but not used to roduce the debt service. The discharge of a Community Facilities District obligation Is not subject to a singular calculation but, must of necessity. Involve the selection of a method among a series of alternatives. Enclosed Is a discussion of the alternatives by which the above numbers were arrived at. Very truly your*,- '- William C. Stookey WCS:DI:bc Enclosure cc: Mr. Robert N. Brown, Widen Associates ' Mr. Scott Sollars, Stone 6 Youngberg Mr. F MacKenzie Brown, Brown 6 Divan l0 ' 1:.r•":a. +;.�eY':,' ,�` 5ani4 y`,+? :tE''f".-Rr�': <''(: -`.e `G.'r�'��4ky�%;',,,-_, ,. � itis''�a�,. -�, � i• r e- h_..).�-#,. tlF.i° • , . _ aS3i. - - _ Tt f J. • Comaunity-FaclllUas Olstrkt -84 -1 Da Y Creek Payoff, Calculation Lir' April lqm"� t!! UU 'J ieiMP Tn'-n mi Ifflin $The following arthud wui•ussd to calculate the cash Payment par net cra' evgvirad to.diselharge. the hiallo -Roos ob9gatl n,prl to the Doeamba�'ig, '1988, delinquency date ofthi naxt tax paymint. Bonds Outstanding $18100,000 Leas Principal Payment (Duq 08- 01 -88) (481,000) Subtotal Reeuining Band$ Outstanding $17,515,000 Plus Authorized and Unlssuod -4,255,000 - Total Outstanding and Authorized $21,74,000 Less Raarvc Fund (Existing) (111871000) Lau Reserve Fund - Unissued @ 6.55 (274,625) Plus Call Premium @ 2.55 (Outstanding) 437,875 *Plus Prepaymant Interest From 05 /01/88 to 08/01/92 it 8.839 Pament (net affective rata) 6,2A7,967 Less Assumed Earnings @ 8 Percent —11,855,100) Subtotal (740,11M) Total $20,999,117 Amount Acre 20,999,117 t 5,849.11 to Payoff Taxing Obligation 3,590.75 * Par the official stalavent, bonds cannot b4 radeamed poor to 08/01/92. 1 T� 2) Principal Balance Community Facilities District No. 84 -1 authorizeo a bonded Indebtedness of $20,223,000 although, to date $18 million In bonds have bean sold. The above calculation was based on the full outhorized bonded Indebtw based on the possibility that the Community Facilities Distrn:t may, at some future date, sail the additional $4,225,000 in bonds. 3) Aeductlon of Taxes Base Contingency As development continues within the boundaries of Community Facilities District No. 84 -1, properties will be removed from the tax bass as a result cf dedication of public rights -of -way such as streets, channels, etc. Using total existing not acreage In the calculation, no account Is made for this probable reduction in the tax bass Omitting this unknown Is off"t by possible future Redevelopment Agency contribLtions which are also unknown. "1 2 r ,t RANCHO ICAMONGA CL'J iIiUtill4` " J" tlt)t5ry,,.•.• -�,'_. - y S CTFdlbi�1U,YlM�`M;t iirlous alternatives considered, and the Identity I I i of the ones •YiGd to arrive at the above numbers. The" alternatives are policy options to be made by'**_ Clty. The modiflcetloti of any ane which would change the 6"rs Indicated above. The aitar'nativss used consti- i 3 ' tuts our reconrnendations.:. ` ,• II) Net Area The $550 Community Facilities District taxing au- . thorizatlon per acre was bassd,upon gross screage.; Thi Clty Is now levying the tix on a net acreage basis; the change Is su- •`' thorizwd in the "Enginwr's Tax Apportionment Report'. In uUllz- - ing not aeroago In the abwe calculation, the property Ia being re- lieved of its debt at an amount less than'the full value of the au- thorized tas.. This 1s Justified by the fact that current debt ser- a vice on a net acreage basis Is loss than the maximum authorized tax and will receive Increasing supplementation from Redevelopment Agency Funds. - 2) Principal Balance Community Facilities District No. 84 -1 authorizeo a bonded Indebtedness of $20,223,000 although, to date $18 million In bonds have bean sold. The above calculation was based on the full outhorized bonded Indebtw based on the possibility that the Community Facilities Distrn:t may, at some future date, sail the additional $4,225,000 in bonds. 3) Aeductlon of Taxes Base Contingency As development continues within the boundaries of Community Facilities District No. 84 -1, properties will be removed from the tax bass as a result cf dedication of public rights -of -way such as streets, channels, etc. Using total existing not acreage In the calculation, no account Is made for this probable reduction in the tax bass Omitting this unknown Is off"t by possible future Redevelopment Agency contribLtions which are also unknown. "1 2 r ,t RANCHO LcAmokgA� MVL1r�.LIIY�JL��. ..ir p Ui1 � Contribution r This financing progrzm provldi% that ciS In contrlbutions will be made toward debt ser- - vlea of thro .,community . Faiilitiis District No. 84 -1 bonds from', Radawiopnrnt tix trierinrrit income. Such contrlbutions,ars a fanetlon'oR variables such as the 'rate and value of development, thus they cannot now be pradictad'with certainty. For 'Jise reasons, we have` "proposed no- credits for nedevelopment contributions which may be available in future years. ' S) Administrative Our raeammindad debt Payoff amount Is stated In dollars per net acre, This should provide flaxiblllty In the ad- ' ministrat!on process elate, at this point, It Is not known whether total or partial property takes will be made, If Caltrans aecePts this procedure, psyment through established escrow where the ac- tual acreage will be known can be established., 8) Surplus Property Acquisitions It is poaslble that, In the acqul- aition pwAss, Caltrans will buy a;,tire ProPertlss In order to avoid severance where they require only a portion of the property for highway purposes. 1p such ease, we would recommend that Caltrans discharge the special tax obligations on the entire area acquired. Should a portion of that Property subsequently be re- turned to private ownership, it would than ramaln free from the Community Facilities District No. 84 -1 special tax. 7) Payoffs After December 10, 1988 Provided the payoff criteria a forth In this letter are Accepted by the parties Involved, they would be valid only for the current tax period. After December 10, 1988, the property pill have made or become obligated to make tax payments which would affect the balance. q -5 3 �tv RANCHO ICAMOa!�&--�l 4�!: Y R • IUBJit 1. ',Anm,6n proceJur* In real estate *a;- E crows to prorstsxtsxssP the date of closing of the escrow., In this cats-, idthough, dealing -with a tsx;, *i an; - In, fact, ,dealing with a specifle, -debt,- obiliatlofi making the term O!,orition Ids&' meaning1d. 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IBdde&.%L 1Kc 1101. tr• 116q Stucl8ll, c 1rr0. 1 W IMItgYytye rawer 1 Mt anal N sm lux a 14T,, MIL raided by Sa Snl, a MA I L fro MM a IM, l I. >h- et M L IM 1 USILL p„ W t a, pr", r &R" y "I* wUt/ Ynerh Mon" U"Wm law ao by 17 • I mUt 1 t21 y/atp� a eWd to Mned pataaat Y the dupe 6 upahW h A +"° �S W otb' Uut Myaled0i a Rapll7:ryehW wl ehi8 b t on' IAddW y SYMIl0/, t Mat 110. trtlaecF, aL Sap."1180.1 Urlrt Be awWlemtbeVW 4,80st V�tuIntw �p" OM� y �ne "thy Ihnert It Yaoalh emtet/ athdemWie LOnuWpp. ae0iatbe�b Y"ch -PYr p UgWdW y • Hake utkl b Gtpa ITISIyp of the Car a Orb Aaado a u 1! U wenrD71J to"b tn+Yd Poraut Aapt«, the p«ut Wahl a Ib a0 r/°rW'aead Haft+ L For Slatlew b pl • tpadal to Y pq Ua ppdpi and btuot thWr b`*mM the0pa w tMnw by calaM.rM R5 ujnwn(* 10. 04.76 A ![SOLUTION or 7116 CITT MUKIL .of T66 CITY Of bAxm -- CUCAMORCA. CALIFORNIA. IIEC AAW 06CLSStTT To TRCDA A SOr9ID 111DUT6D11CgS. AM SLTRIrn= TO Tor `OALIYI[D -PoTKS Or (� COtOS)9ITT}fACILITTtl DISTRICT Al DTOSITIOR TO ISM L "SOLD IMESTIDIRSS SMM,IT A ST.JAL -TAX LAST TO PAT PoA CIATAlt CAPITAL rACILIT[tS' 10 A gtM;TT fACILtylit DImtCTs m CIYTSO Nita TUR p9AR6.IS, tha CUT CODICIL Of T6I CITY or taco COjmd , CAI Immia, (haestcalter Wafted to as the •Aglalative bndy,ief - the local eeacY ")s bat pmfoaly declared Its intention' and held seed ...defied .1 pbblte bur leg Waite to the hams of bode,Wto W secured "iy spacial tau to per for cartel. t%itol facilities to a commonalty factlttles district,-.•o atbcrled pursuant-CS the tam ad proilAoea of _the 'Iblla -Roo, Cee.ually Tacllltles Act of 1992;. being Chapter LS. ran 1, election 2. Title S of the Co.. tracer Code of the. Suter of California, said Coacounity Faculties District .hall beretaftsr be enforced to as GOIOO7(DAY CREM TRTS AGIC R0. M -I (DAY CRLIi ORAItACt S..44) (heraiufta rderred to .2 the •Dlartet•)t ad UM2Wo at this it" this 199talativt body I. destruct to proceed to asks the necessary tldings to Incur the boded lodabtedr,se. to declare the purpose fee said debt. and to aathot/ae the ub.Itb1 of a cmmbinad preposition to the at.. of sold District, all a outhorlsod and required by la. ROY. Tne61a6, At IT USOLy6D as PoLLLDSI 31MOR It That the above radab are alt true and correct. S[CttOr 2' That tbe put".. for the proposed boded Indebtedness end facllttlo proposed to Le tinaneed through the Aaseae of old bdt. b I... rally described a follows To finance the construction sd Installation at cartel. public eaptal 4'st"R facilities, together alth appurtenances and appurtenant wrt. and 01.1 Incidental fepma, to one and preside drainage pntectloa to properties within the boudaeles of the Decreed Caontly raltltles District. SICT100 31 That this 2egl.lalea body further apte.ely declares and states that t a neceesary to loeur a bonded Idatedaa IS satbortrd under the [am cad prof Aloe of the'Ralo -Sco. Community facilities Act of 1993. In order to finance the sboveducelbod public capital facl(it A.. SICTIOR As That the .late of the District rill pay fat the ,bo,.-v.f.F._m_ir5WMod Indebtedness A general de.ertptlne of the olarlct.ts as follows certat prayrtlu Lyle within the folloae described boudart.a Se therly by WITH SY.[6T Vtarorly by RILLIM ATAM16 Rorth.rly by Its Ibaherly city Malta of the Ct•y of Rancho Cuea.ea (RICSIARD ATM9 and DILSON AVIM) giatarly generally by UIeAROA AMnt ••. _lci �� rroln[ ton tm. At -y6 _ tog. 2 StMW 51 That the want of the proposed bonded lodabtdeess. loctudiag We 'can the facilities, together with all tartdent l a :venter, to NOatally as follaar Y SAID PIOIECT IACILITIW, IhC121Dr1O IXCIDMAL ELPLNStl. STALL TOT 110EEO $20.233,000.00 For farther porticalares reforms le sde to the wCOOONITT PACILITITS DISTRICT WOW; Of an file 10 the Of Otte of the city Clark. r1LTI0P 6, That It ,te hereby farther daersted that anal Bala ,"a but .—.-.X Nasally be Payable to tvo0ty CIO) meet laaltndts free their data. ad said bode say be bad to differing cartes, at .dlffdring tlaa. The ...lau•'r.te at Interest to be paid on said bode shall ut rated the griater of either twbe percent 123) per menus or the ..side ear penittd by lea at the ties or sale of any of said beds. Thal Interest ea said hods .hall but payable eat- .anurlyo awl the princtpal on uld.bde shall b paid aau,lly, with all p.ya.ote Mlng "a to the registered curer of old bode, as aatbortcd by Iss. SIMON TO It to aprarslp statsd and 4" laced that the preposition slatted tutu i�rncOrring of the bedd ldabtdnre .hall be ndlelttd to the voter eel be caaatda.d .tth Ch. athorltettoe to levy the agalal taro ad said special eteetic. shall be held as the 26th der .1 Jus. 1904, and said • *tactics short be • special idled better election conducted by the County J gegl.trar of Voters. it the peope.ttlee for tide levy of the amid tee eel the Incurring of a hold Indebtedness raeebt the approval of mere than tw- thuds (213) of the vote. cat la the frOPe.ttlCuo bade u be wtMclad. issued sod sold for the purposes at forts hotels. The bode say be Issued to S Mterin6 serteso and .std Dodso utept when other lads are "do anllebbo p shall be PaU etctulriy true the 105081 bvy Of the autMritd edsbl Us* ;i and are nut .surd by rep other tarleS Favor at fuels of t1A City of gancM 4 Cotasag.. V ,n, /TLilos er 411ots cast eholl ho nc.hd by the atflel*t !tea Moe they wr a tAT"'T an later than 12 O'clock eldatrht an otn.100 day, 6CC11011 b That the cabled ballot prpoul to ha submitted r the qurifted voters d> ePerlel aa'ld bdtat election &hall generally be a follnur, 710109111011 A CUT Of VTCgO CTICATOPW (C10p0fCITT 7ACILITISS 01511M M- 84-1. OAT CP1ZX CIAMACS STSTEX) A177TOE22ATION M INCUR K"M Iw0[g1COTaS AND AOTIOSISATIOM FOR SPECIAL TAT LM SNIT the City of gancha Qtteeo.Ns Cosuetty taellitiss District Noe 64-1 (my Creek Drainage Systes) tutor boded ldebtdmess 1. an asoat ut to *.Card $10,225,000.00 to flesnce TES career. public capita drolesg, l.prorwesta to meet the aelde of as d ... l.pst within the oesuotty yatlttles District, lncludl.ag all ML .pp.rtenent uorh ONaesaty and locldestal eapsues. old Idebtdeus to but secured by annually livid rmLsl terra 1 I so -u- �: •. �' b.elut tee i . Th. rota avd tM t d of apperticrel Of the .pedal tot @hall put @tally 4 L loll pall - Thv Cmeenlq $OCllltl*l 011 re1a1 had ease divided late tee eon.@, Lt1Q "A•o aoanl G e.nad by the de@lwp fKlllibs, e¢InHOV at 4vO •$"• ', Ou 0 7018 "t ^1 A Ilvlj. aril, Partially �{ of thus. dnlwte es. " - of law •S^ Lath ` Properties boOttea. to the Soat4 67 IPTE. 60 by , ILL k+ - 00e m the 5w.VAR — the Re 0y 1OCad Ae '4 Meth. Wes, the troth by SASE tttL aOM. and on [M West by n on the proloyatloe of XILLiSIJI AtWS. = The tat* "thud aad foma14 for _114 I." Of the special tot foe the - iVs` iiiiiiEEEEEE::::::............ rO@prctiva oche. beta Lew'A• end 4m •L ". i... fallout, It ...d tin.. bond a"wc not to ..card $10.715.000,10. ra7.ble over a p.rdo: of Twca wt ta' ascned'twnt/ (70) 7wra: ZONS "A "t SST " QCECO $570.00 PER ACRF. 7aXt "1 ^t R0T TO Lt.. $730.00 fQ 1$0 ACplan At }7 esth t/" w the ttwl dale @. pies is "I drainage 1 In' itched for Zone •S', only thou lbe v '=- that suet crate late cM OAT CAL. CHARM. atoll M sLull tublKe to the spatial dulwp [w. Art" of to h" In news of 190 KnV that de drale fete the DAI Cl:vre CXAIIVEL hall be sat7Kt td-s ai dr,lw$t Co. v. �'- SICTISX 101 That the apprepciKO "rk $lac" in the "tie, square after tba1rw @hall be c "nt@d In favor of the odrptt.n at the propetltlen, and 0a s pp ntrtate path placed in the useful then after the 4. o said too` to the "�nOr ev actkorind. shall to counted e$alw[ the adoption of said propaHtlee. SECTION III Tbr. the 9 sal eiretlon hereby Called for the dote w previously @iatill" Visit be, and Is hereby Ord ... d to be a a "ctsl called k. Witt dntloe to be hold on said date. Rlth vntin, to be done by Lando ".re i r In the never aad fact ev .nthorlred par s "at to the StecrlRna Cede o! the 1. State of Colefornia. S SERIOt 121 The cost CIO shall uua. this hVOlottfa to be published WW,—. wek far tea ttlrewrlve -Ok6 le the MILT LIMIT. This 40olatlon shall cORItItete the wticO of the special bead .LKtlrr teed setkoelatlon to It" a spatial Its. a trra luttrn W�61pS6 IASSCD..pn*VLD, nnJ MnID tEtn 7t! JOY et ILteA. 1934- AY6St DOM. Intuit. MWO. St7.lnru[, 7nrt HOES: Fol l ASSIM Fong AI:SIt nn 1. urntnt.e. C [I tt Ev r i on/ 1LLta r. 11r�[ , I .�V i� n� P b .r x r ?1, PMXUiION NO. b r 5l RESOLUTION OF THE CITY COUNCIL OFTHE.CITY OF RANCHO CUCAMONGA; CALIFORNIA, SPECIFYING COND111ONS'.1`01"! THE PREPAYMENT OF SPECIAL TAXES WITHIN A COMMUNITY FACILITIES DISTRICT FOR MiTAIN PROPERTY, WHEREAS, the,CITY COUNCIL of the CITE OF RANCHO,CUCAMONGA. CALIFORNIA, has yirejiousIj4,- ,under.akon proceedings and, formed a Community Facilities District'purshrii, to tho terms and prow!sions'of tho 'Mello -Roos Crimmunity? Faallities'Acr,of "1982', being Chapter' 2,5, 'Pan 1, Division 2,1i11e,5fof theeGovernment Code of the 'State -of, California. This Community�Facilitioa-Distr!ct Is known, and designated. as COMMUNITY FACILITIESAISTRICT,NO. 84 i.(DA'e CREEK) (heraihiftef roferred to as the , 'District% and, , , . , ,.� , .. =r _ y.q ar WHEREAS, following approval by -the quali9ed,olectors of the District, the legislative body did ana::t Resolution No. 84 -56 authorixiig the levy of a special tax, as further described therein, within the District; and. WHEREAS, !his Council naw desires to specify conditions under which the i cbilgation to pay said special tax may be prepaid and permanently satisfied for that certain property identified as Parcel No. 8197 and Parcel No. 8198 oroposed to b6 purchased by the State of Ca..lomia through its Department of Motor Vehicles ('DMV Property "). it p'OVV, TH2REr,0RE. BE iT RESOLVED AS MOWS: a SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body does hereby establish the conditions for prenayment and satisraction of tho special tax ooligat;on as follows. /b /i !off N rV M MO g�' crrycomciLREsolunoNre- PREPAYMENTISPECIALTAXES CFD August 17, Page 2 A The special tax. for- the DMV Property may, be p!epaid and . l permanently 'satsifidd-at any time -upon the payment to the Dis'Irlct'of' the' present value, of said special tax Z! bbilgaill-c-n, ns of thi' date'of prepaymont as set; forth in Exhibit, *A* attached, hariito and Incorporated her4in by thIC ref4rence.-- EL Special taxes- shall or4y.be authorized for early payment and discharge; of S'P'ecial taxes when the Property, Is In the category, designated ras Final Land Use, and no prepayments can be made prior to that time unless li is "that determined the ' amount of prepayment and discharge, is equal to and/or greater than what would be required for the land In a Final Land Use taxing category. Refunds would be available In any case of a subsequent overcharge of any prepayment amount. SECTION 3. That this legislative body may annually review the discount rate utilized to determine the present value of the special tax obligation s-t forth In Exhibit 'A" hereto, and may modify said discount rate and Exhibit *A* hereto if this legislative body determines that said modified discount rate would result In the calculation of a then more accurate present value for said special tax obligation. !off Y, i[ J 'l ORDINANCE NO. 260 -A AN ORDINANCE Or THE CITr 000I:CIL OY THE CITY or RANCHO COGFDNOA, CALIFORNIA, AISNDIMi SECTIONS 16.49.030(A) AND 16.49.040(A) OF THE RANCHO CHG%MlrA M MCIPAL CODE PERTAINI;lt:. TO THE PROCESSING OF VESTING TENTATIVE NAPS THE CITr COUNCIL OP TEE_ CITY OY RANCHO COCAMNOA DOSS ORDAIN AS TMUMS1 SECTION it Section 16.49.030(A) of the Rancho Cucamonga Municipal Code is bere`.p mended to read, in words and figures, as followst O(A) Whenever a provision of the Subdivision ltap Act, as implemented and supplemented by the subdivision ordinance, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with tbo provisions herein.• DECTION -2t Section 16.49.040(A) of the Rancho Cucamonga Municipal Cade is beieby ;mended to read, in words figures, as follwst s(A) A tventiag tentative map$ shall mean a 'tentative mapt for a residential or non - residential subdivision, as defined in the subdivision ordinance, and which is thereafter processed in accordance with the provisions of this ebapter.s SECTION 31 The Mayor @ball sign this Ordinance and the City Clerk shall eau�ia sue to be publiubed within fifteen (15) days after its passage at least once in The Daily II!port, a newspapee of general circulation pablisbed in the City of Ontario, Californic, and circulated in the City of Rancho Cucamonga. California, t; Z CITY GF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1989 TO: Meyor and Members of the Vty Council FROM: Brad Buller, City Planner BY: Dan Colema:t, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSME11T AND SIGN ORDINANCE AMENDMENT 88- Various awndments to the gSind nonce regar ng neon signs and window signs. (Continued fray June 15, 1988 meeting.) I. RECOMMENDATION: Staff recommends that this item be continued to X988 to allow the Council time to have the workshop with tha Chamber of Commerce which is scheduled for August 31, 1988. Resp ully pbgftted, Bra r City PlAnnor BB:DC:vc ! O+ W_ -- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Nanager FROM: Russell H. Maguira, City Engineer BY: Barbara Krall, Assistant Civil Engineer SUBJECT: MIROt% AL ASSESSIENT AND TENTATIVE PARCI MVWn_ c nu _ ��o .. ... in -lieu fees for future undergrounding of railroad communication lines for a subs acras of land into 4 Parcels in the G Development District, Subarea No. 3, to and 8th Streets, east of Hellman Avenue U , r I. RECOMMOIDATION: Staff recommends that the City Council sustain the Planning Commission's action by a denial of the appeal request. II. BACKGROUND: On June 22, 1988, the Planning Commfasfon unanimously approved Parcel Map 10981. As apart of the approval for the Parcel Map, conditions consistent with City Standards and policies were Imposed. Four of these conditions are being appealed by the applicant. These conditions pertain to: 1. Full width improvements of 8th Street; 2. Undergrounding of existing overhead utilities on the project side of 8th Street; 3. In_lieu fee for the future undergrounding of the existing overhead railroad comiunication lines; and 4. Landscape and irrigation plans for the parkway on the north side of 8th Street. 106 CITY COUKCIL STAFF REPORT PARCEL HAP 10981 - Golden West Equity August 17, 1988 Page 2 III. ANALYSIS: A. Special Condition No. la - Full width improvements of 8th Street: 'Full width improvements including landscaping on the north side across the entire length of the parcels fronting 8th Street, shall be constructed to the satisfaction of the City Engineer upon development of Parcel 1, 2 or 3.' In the attached letter of appeal, the Developer states that there appears W be no authority for the City to require construction of the off -site improvements and that reimbursement is unlikely. By off -mite improvements, the Developer is referring W the north half of 8th Street. The City's Municipal Code, Section 16.36.010, generally requires a developer W construct all required streor improvements according to approved standards (including Specific Plans and General Plan). To accomplish the objectives of the Industrial Area Specific Plan, It is necessary that the Developer construct the complete width street improvements on 8th Street as a part of this development for the following reasons: 1. The railroad right -of -way is adjacent and parallel ono the north rlght -of -way line of 8th Street. Therefore the only property which will have access from 8th Street will be the property on the south side of the street; and 2 The complete width street construction 1s needed W provide safe public access for vehicles entering and leaving the proposed industrial development on the south side of 8th Street. The Developer is not eligible for reimbursement from future development W the north because these properties do not benefit from the street improvements. construction The of 8th Street In development (Parcel Map 10981) Is si location milarto Other tedevel pments which front on streets where the opposite side of the street 1s a freeway or flood control channel, or other 'non - accessible' land. In all such cases, the benefiting frontage is required to construct the complete street improvement. rCKP A� 5. ?° CITY COUNCIL STAFF REPORT PARCEL MAP 10981 - Golden Nest Equity August 17, 1988 Page 3 - - B. Special Condition Nos. 2a and 2c - Undergrounding of existing overhead utilities and payment of in -lieu fees-for future V undergrounding: 'Existing Overhead Utilities a. 8th street - The existing overhead utilities (telecommunication) on the project side of 8th Street shall be underground. from the first pole off -site east of the east parcel map boundary to the first pole off -site west of the west parcel map boundary upon development of Parcel 1, 2 or _ 3. An improvement- certificate shall be placed on the final map noting the above. The Developer may request a reimbursement agreemznt to recover one -half the City adopted cost for undergrounding from future development (redevelopment) as it occurs on the north side of the railroad; and c. Railroad lines - An in -lieu fee as contribution to the future undergrounding of the existing overhead Railroad Communication lines located within the railroad right -of -way to the north shall be paid to the City upon development of each parcel. The fee shall be one -half of the City adopted unit amount times the length of the entire project frontage" These requirements are consistent with standard Planning Coamission polity. All developments are responsible for the undergrounding of existing overhead utilities on U.a project sida of streets and easements, including railroad right -of -way, and for the payment of in -lieu fees amounting to one -half the City's adopted amount for the future undergrounding of existing overhead utilities on the- opposite side of streets and easements. A reimtursement of one -half the City's adopted amount for the undergrounding of the lines on the project side of 8th Street is available to the Developer upon development /redevelopment of the properties located on the north side of the railroad easement. C Special Condition Ito. 3 - Landscape and irrigation plans for the north side of 8th Street: for/ "i �e� CITY COUNC.L,STAFF,REPORT PARCEL MAP 10981 - Golden Nest Equity August 17, 1988 r gage 4 -A reparate parkway landscape and irrigation plan Per City Standards shall be provided subject to a approval of the City Engineer for the north side of 8th Street. This landscaped parkway is required to,- be annexed into the landscape maintenance distrlct.- A landscaped parkway is requfred on the north side o: -:8th Street as part of the Industrlal Specific Plan. Construction •is required as part of the full street,iaproverment of 8th Street. The parkway on the north side of 8th Streit dill be maintained,by y the City's landscape wintenince district Upon completion and acceptance of the iaproveamts. Therefore, ,'a landscape and irrigation plan approved by .he City Engineer is- necessary to assure City Standards for iintenarce. Normally Industrlal i developments are responsible for parkway maintenance. However, It was determined that in order to insure that the parkway on the north side is aaintained properly, it would be included in the City maintenance district. Il. CONCLUSION: These Issues were discussed at the Planning Comnission heartrig, and it was determined by the Commission that all were appropriate. P.esp pubmitted, RHM Attachment: Appeal Letter Exhibit -A- - Vicinity Map Exhibit 080 - Tentative Parcel Map Exhibit "CO - Site Plan Exhibit. -0- - 8th Street Typical Section Planning Commission Staff Report, Resolution b Minutes 10% L Golden West Equity Propel es, Inc. 1949 South Sta•e College BHd, Anal. dm, Callf unia 91sdS , (711) S37- 205 June 29, 1988 City of Rancho Cucamonga City Council C/O City Clerk Post Office Box 807 Rancho Cucaxonga, CA 91730 CYP oG CITY JUN 3 0 11988 TI819�.�tui�tl!*lgt�"3l8 fi RE: Tentativa Parcel Map No. 10981 Golden West Equity Properties & eal of 4 Special Conditions of Approval Dear Mayor Stout and 8onorable Councilmembers: On June 22, 1988, Cho City of Rancho Cucamonga Planning Commission adopted a resolution approving Tentative Parcel Map No. 19981 subject to various standard and special conditions, Golden West Equity Properties is agreeable to all of the standard conditions and most of the spacial conditions. The Planning Coresisacon resolution also approved the issuance of a Negative Decl.rstion for the project. The purpose of this letter is to formally appeal certain of the special conditions imposed on the parcel map by the Planning Co ®ission, vhi:h can be found in Section 3 of the Planning Commission's resolution. More particularly, we object to the following special conditions: 1 Item la. This condition requires A full width improvement, Including the landscaping on the north side, across the entire itngth of the nraperty fronting en 8th Street. 2 •tea 2a. This condition requires the undergrounding of existing ' overhead utilities on the project aide of 8th Street, together with a reimbursement agreement 3 Item 2c. This condition requires the contribution of a in -lieu fee for the undergrounding of existing overhead railroad communication lines on the north aide of 8th Street. 4 Item 3. This condition requires the provision of a parkway landacape and irrigation plan for the north side of 8th Street. M City of Rancho Cucamonga _ ' City Council June 29, 1982 Pago 2 Aa you may know, we are seeking to subdivide an approximate 18 acre portion Of our property into four (4) parcels for industrial park development. The Property borders 8th Street on the north and 7th Street on the south and is located between Hellman Avenue and Archibald Avenue. Thus, three 'of the di_cial conditions being,appealed relate to property outside of the sub - ision boundaries. The reasons for our appeal are primarily contained in the letter we provided to the Planning Commission, a copy of which has been attached to this letter. In essence, we are concerned that (1) there appears to be no express authority pa- micting the imposition of such off -site improvements and fees, and (2) there is no reasonable relationship in fact between the conditions imposed and the Public ,leads or impacts arising as a result of the proposed subdivision. Add- itionally, virtually all of the protested conditions would require the city to provide a reimbursement arrangement{ however, as was nude painfully evidcut At the Planning Commission meeting by City staff, the re is no reasonable possibility of reimbursement to us tine the north aide of 8th Street is not expected to ever develop. Further evidence and argument will be presented at the time of your public hearing on the appeal. In the meantime, please do not hesitate to contact the undersigned if you have any questions or wish any further information. Thank You for your attention to this matter. Respectfully, ± GOLDEN WEST EQUITY PROPERTIES, INC. Bruce HcDonald Sr. Vice President - Operations BHcD =hf [to CITY Or RANCHO CUCAMONGA ENGINEMMG DIVYSION v rme APPCAI. TPM IG98N III Tn=- JI[iNiT`! MAP ZZ EI `i PARCEL NAPS NO. 0981 ,✓ IN fee LIIT O' »AMn fitM)yA, f1A•11! 1* 691 fIUWAYDIp. +1 JLIL a CAL If In»IA. i 1(Ir.YI/I.I YU IY/ \I •»1 \� yl •�•� W rn•.411U [WI /. \fYl\ Y [h 11 Yr1 /. -2 Aft AQRWD i nuyrr— �rNtr..... +..�._= —r+ _ ZZ I „• -- U.'. a. ftrtN�I.^ \fR(L ,'.i.}.�M�Y I » =2W\1 '- L 1 .�Y�unY• � .YII / ;•r.o /�� CITY OF PPEm APPUL TPM 1�q N RANCHO CUCAMONGA Ila nTi.E TENTATIVE MAP E JGINTMUNG DIVISION EX ROM i \ �lkre.e— _...�vl.._ I „• -- U.'. a. ftrtN�I.^ \fR(L ,'.i.}.�M�Y I » =2W\1 '- L 1 .�Y�unY• � .YII / ;•r.o /�� CITY OF PPEm APPUL TPM 1�q N RANCHO CUCAMONGA Ila nTi.E TENTATIVE MAP E JGINTMUNG DIVISION EX ROM MM-APPEAL TPM 1�8 � � 3 T1TY.& SITE PLAN I EIGHTH STREET TYPICAL SECTIOW RAILROAD EASEMENT CITY MAINTAINED LANUCAPM PARKWAY CI'T'Y OF RANCHO CUCAMONGA ENG) MMMG DIVIMON . � b rlme RPPEAL TAM 109fl1 �4 TiTGL a^' ST. TYPICAL SECTION parr. r. DATE: TO: FROM: BY: SUBJECT: - CITY OF RANCHO CITCAM014GA STAFF REPORT Vic June 22, 1988 Chairman and Members of the Planning Commission Bill Silva, Deputv City Engineer Barbara Krall, Asst. Civil Engineer CNVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL NAP 10981 Golden es u - su v son o acres o an F. o pi arcels n General Industrial Development District, subarea No. 3, located between 7th and 8th Streets, east of Hellman Avenue (APN 209= 171 -60) I. PROJECT AND SITE DESCRIPTION: A. Action Re uest�ed: Approval of the proposed Tentative Parcel Map aslla shown on Exhibit 'B` S. Parcel Size: Parcel 1 Parcel 2 Parcel 3 Parcel 4 Total 2.:6 acres 2.76 2./8 9.98 9.2racres C. Existing Zoning: General Industrial Development District, subarea No. 3 of thg Industrial Specfic Plan 0 Surrounding Land Use: North - vacant; A.T. d S.F. Railroad Tracks South - Single family East - vacant Nest - Existing Industrial 115, :E r a a TENTATIVE PARCEL NAP 10981 JUNE 22, 1988 PACE 2 E. Surroundfna General Plan and Develo nt Code Designations: ort - Hera n us r a su area o. South -Low (2 -4 DO'S AC) D, lopaent District East - General Industrial (subarea No. 3) Nest - General Industrial (subarea No. 3) F. Site Characteristics: The site slopes from north to south approximately 2% and consists mostly of small trees and grasses. r• II ANALYSIS• The purpose of this nap is to divide one parcel into three parcels for General Industrial use. Parcel 1 is the •site for the development of DR 88-08 which is on tonights agenda for Planning Commission approval. Seventh Street has been improved with the exception of street lights, drive approaches and landscaping which is to be completed with the development of DR 88 -08. Eighth Street is to be improved Full width including landscaping of the north parkway upon development of parcel 1, 2 or 3. tll. ENVIRONJNTAL REVIEM: The applicant completed Part I of the Initial to . to eon cted a field investigation and completed Part II of the initial Study. No adverse impacts upon the environment are result of this Nigative Declaratl n is appropriate !'Weet. Therefore, Issuance IV. CORRESPONDENCE: Notices of Public Hearn 9 have been sent to surroun ng property owners and placed 9n the Daily Report Newspaper Posting at the site has also been completed. Mo I ■: IENiATIVE PARCEL MAP -1098I JUNE 22,1988 ' PAGE 3 .r5j V. RECOKi£NDAitON: It 1s recowended that the Planning Cowaisslon cans er a nput and elements of the Tentative Parcel lap, If ;x after such consideration, the Ceawission can recommend approval, then the adaptian of the attached Resolution'•and issuance of a Negative Declaration would be aPprcpriate. Respectfully submitted, : Bill Silva, Deputy City Engineer US :BK:jh Attachments: Vicinity Nap (Exhibit 'Aa) Tentative Hip (Exhibit '80) Resolution and Recomaended Conditions of Approval c 1 i PARCEL NAPS NO. E 10981 IN too. city o' xulnn fiCAll()VA. O"IT u IIAr1 IkIYIAMGIMO, UfAIE T GtIf IAW IA. nlr . YI11d�.. u ry l r u rYU M .w. VGpp Is \1111 I1VA. 0.a y W LiuYlq I>✓wl.. d lYl /pql.. 111 CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION I rMX- PARCEL MAP 1o981� � TPpIy Z- :�T,ENTATIVE MrAp EXHIBl}11i +�Y C V N CITY OF ITEM: PARCEL MAP 1092,1 _ RANCHO CUCAMONGA Iq rTL%.,: VICINITY MAP ENGINEERING DIVISION 1'+xmmff: A to RESOLUTION NO. 88 -124 A RESOLUr1UN OF THE PLANNING COIV41SSION OF THE CITY OF RANCHO CUCAMONGA, CALIrORNTA, CONOtIII)NALLY APPROVI119 TEWATIVE PARCEL W NUIIOER 10981 E uft WHEREAS. tentative Parcel ;lap Humber 0301, wbmltted by Golden Nest q y. applicant, for the purpose of subdf Ming into 4 parcels, the real StaterOf California,) identified asRAPN(s)C2f9 111- 58,nlocated betweenn7tldiian,l 8th Streets, East of Hellman Avenue; and MIEREAS, en June 2 ?, 1988, the Planning Cemaissfon held a duly advertised pu911c hearing for the above - described map. FOLLOHS: 11014, THEREFORE, THE RANCHO CUCA)IONGA PLIUUTIIIG COMIISSION RESULVEO AS SECTION 1: That the folloving findings have `:evi made: I. That the map is consistent with the General Plan. 2. That the fmhrovement or the proposed subdivision Is consistent with the General Plan. 3. That the site Is p11Ysicaliy suitable fn^ the proposed development. 4. That the proposed subdfvfsfon and improvements will not cause substantial environmental daaage, public health problems or have adverse affects on abutting property. been revipPR —an considered inssconplia compliance Well certifies that Duality ion. of :370 and, further, this COMIsslon hereby issues a flegative Declaration. SECTION 3: That Tentative Parcel i!ap No. 10981 is hereby approved subj ect to a attached Standard Conditions and the following Special Conditions: improvement of Ott, Street shall be as folios: a. Full width improvements incluifng the landscaping on the nrrth side across the entire 1019th of the parcels fre:ntfng 9th Street, shall be constructe' to the satisfaction of the City Engineer upon development o. parcel 1, 2 or 3. t a-Z b. Parkway If rove,n ^nts on the south aide shall be constructed on a parcel by parcel basis upon development of each p�rr_el• c. An improvement certificate 511417, be placed upon the final , map for Items a ar.d fi above. 2. Existing Overhead Utilities a. 8th Street - The existing : overhead utilities (telecomminlcatlon) an the project side of 8th Street shall be underground from the first pole -off -site east of the east parcel map boundary to the first pole off- sftc'6st of Ww Mist parcel map bnundary upon development of Parcel 1, 2 o• 3. An improvement certificate shall be placed on the final .1e3P noting the above. The developer may the , reimbursement one-half Cregrost a City for udtgoundingfrom future dvelopent (redevelomnt), as it occurs on the no sfde "of the railroad. ;I , b. On -sfte Electrical -f Existing overhead utilities located'° within a Southern California Edison easement extendin OroujIl first pol r eoff t sfe east of the east Parcelrflipdboundarytto the first ppole off -sfta west of the west Parcel flap boundary upon dovelopment of parcel 1, 2 or 3. An improvement certificate shall be placed on the final heap noting the above c. Railroad lines- An in -lieu fee as contrfbution to the ruti,e undergrounding of the existing overhead Raflrn4,1 Commfnicatlon lines located within the railroad right -of -nay to the north shall be paid to the city upon development of e4rhh Parcel. The fee shall be one -half the Cfty adopted unit amt,unt times the length of the entire project frontage. 3• A separate parkway landscape and irrigation plan pnr City Standards shall be provided subject to approval of the City Engineer for the north side of 0th Street. This_laidscape:l park +ray is required *to be annexed into the landscape maintenance district. 4. Reciprocal access easements shall be provfde•J as follows: a• netween Parcels 1 and 2 on 8th Street, b. From the prnpnsed drive approach on Parcel 3 an Otlh Street, to the property to the east, C. From the existing drive approach nn the property to the weat on 7th Street to Parcel No. 4, and d. From the easMrly drive apprnar,:: on 7th St•2et locat' na Parcel No. 4 to the property to the, east. 5. Prior to Issuance of building permit ,', provldo i drainage to•verify that 7th Street has capacity to servr, the proposed i Jnveloppaaent. If- necessary, Mastn-r Plan Storm Drain Line GO shalI be installed as approved by the City Engineer and shall he a ull9lble for standard master plan Facility cost re!,:�nwrso`sent APPROVED AND ADOPrEO rlilS DAY OF 1900. PLANNING CON ISSION OF THE CITY OF RANCHO CBCAMONCA , o . r'V °-1, r, Brad Buller, Deputy S•acratary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and CityOF regularly Rancho Cucamonga, at a adopted ng of the Planning Conmisslonfheld on the 22nd day of June, 1938, by the following vote -to -wit: w AYES: COMISSIONERS: EMERiCK, BLAKESLEY, CHITIEA, KNIEL, TOL!,TOY NOES: COMISSIONERS: NONE i ABSENT: COMISSIONERS: NONE N city OF claw Cltnrst SCbpy0 ®ITICK Of M Mru no TEITAIM FARM Ilp M, iaval ` IDale Ilwf <hKlp taullluf �.i,� ]. Csatntl Lve Ieliulq alb 4q IaprornMb IM INIy avl pt ISO a Iv: an el 1sltrenl. - ,A,y MI[rtlool —�— 4 n If � ♦ fw n tMt rpl an V ONkatlas WII M aM ali near" eefaub IS Rreet lw and at" ew v ✓ fi r �_ stall Of th w..eel tisu �! W tubtlw eaf, '� t. ✓ _!e� !. ONlrotla hall SO We of Ib fall >IN riplsr(.vq fee W 411w1*1 ;4eeti t GG Ktlf (hat So r l ` �(i�f�i�!' hbl CKI acts ([) If £ lads. sldnalt. 11 {hall N Gntllno er SIO III 14d1u bIW k[IN[t IudKUlq µC 11119 MOO en J✓ "for. IC) 1..I (linl W-1t) a fn t4 -IIN /n) !411 N ~Omd fee W bbl feet s the lim s.artN -� total feet u Staa0ulir4Ml IIn rubs HII b rtpdrN rye 0117 1! 1. hear to av/ oars Nb9 WtO`erd b the Public rlNtsl..ar. ins Nail b /old aN w YKaStlneat [ nnll W II N fdlalNa Iry IN City tatloree•s Office• b addlti" to Nf alnr !amts ronlr*d. apr, rultelar 1 a{I/al`a+f 'Well aM y ^is WII N Mlutu SIG S. Street aM flue hall Nronp a 4glllr•ed Clrlt GlOf aptroM 1/ f. • K ntdgli W alktalY[f pall t the city Ig1eeK ar1Y le Am 91 IIMN[I 0/ M N[na•.lcPt OKflt. llK0 411 p aeNf` d11p11 erlKrlI rd Met Ylatewme of this, Oap1y p111 Shall N MhWW fl t.C.if.[ YM N[II N rKYdN f• p[nl '- Wo*1O� ! ,31 [grdlMlq aN Wyn M1(Ittlrl. aif re, 1M [gryKMt filth the W. f. All lrtllltl-' a aKmbr �r POI' T ether PItILy D 1, nlftln *-'tills Ill, vlike. plan rleht•aMV An SO yr MllnatN Po Ira /• Feeble M rrralt !beet repel atw the Poe W City taflaeer•3 a-11411p rat !list. trafrk [utrvl fl9ni, Clb "I"'. m vllh I%atlMi bN tms aryrerp be 1N /• tafleeeb for 1pualt far /4111 ne hall 114d1nIN to W ell, .n♦e tldavalli has K hre.gll Print, Street ll �Caalleonla a.e le De Croeertl• tr t 1 ruwtt Who" uNanK(l.N, +NrsM Dr tee♦ C.~Ia. 1.1!!11 be —_ 1• taetrvtt hall slrnt 1.OroRf*ati Mail he @[an{Icity N;#, ., e f v0ery+vM Itrekl. b[lulef. 0.t mt IIO1tN nil +af tint M� {reet I /fee A, all I.wler !. tautCA/t aM "I...lu alas hail Dr fab+-'1M to aM aadrorN 11 tM /lulo4q of,"," f ♦1.0 Ie !bass. a etelpaa of }b(wl tha dueael elhle a 10•Ieet OplbtN / OeIIdIM eenll. tof IK.aser al V %0• vIM rlgD {Yf..1) hail 11 latlntlN 1ltttu KrYK, (Y t11 bhp Cmers1 N drl"S IM tGa❑ paif Pdr.tllf Veen ldntlh firs Seel $ to WI�M btbllN le [III fluIDat. 1p sal la.Y 119f(�a /1'nalrN Iree Ca1Tru1 /w u1. wA .11110 In � ¢yin." r rrrod rletr� I Prytle bptgW nsovNlt far c mvlat dratge WIl so Ie"Ires W Shall be MIIr.t0d a.elrc d a the fled Pp. _g,G !. mdeee.le ~Scale Still DO oft, rw ,,"tuts ON dkas.l Of serf KW bflu" Waterlog W "Was, fra NJeclel ere". rhi l.11e.ly Stan 6.1. shit) he trislles b W satlsf.etlov of the city Enlace, e. Prior to .."if. or W eM.. krdloloTf ON drab." Italy far IM Project 1411 be fematIN to tM City ("I.nr far nrlrm. a Permit (rok t4 Cwnl)) Fives Covina District II nin.1 el far Wok Wilkie Its riyhlafag. Qi Lafine..t G�Irlile 1 Lor aserht pas far fed fwans)ecl full N safflclatly) tonittN as ebrmnd by the City Iltnaovr, WSW to ashram of the SNUI hat. 7 II the "'red irprmrmwlts we act nolttN Sales SO s.P We wereovl Kee.Wteo b WOenIIW t sal os, Cis' ,I, N ""ties (w J. It tar rehired bpre.aaes M at Cantata WSW 0 mn.al of the rs"I Was. a IgrG. t cwllfl"te %hall be Pieces Sao. the rfeal No Stott" tot they .111 be " letad able denleovlat far V �, r.i mNelrsao0 M.ovlenb I. flat ".dial pas far eon Pahl Dail be at "Ind by the hiltlp Sao Safety 01.114" pew 0 Istovco of 411dty CKelt1. t. m Ko/ of W reneolts. Cosditfles had Catrlctlas IC.C.DA) s onad Or 14 City Astern, Is nafres Prier 4 rKWatlle of l4 oft. �L J. Prae14 .11 amity ser.lcn to nn let Seaway serape. Water, electric paver. yet W tlghirm Prior to Street cle%tracta. .J. We ICmlmligC u.Cn Iw 010. e91PL .— t. Sullltr3 lc+er sal rater ttltwl 0.11 M detit.t1 le Crawls Cw.y Ytle, District st W.Nt. m letter fl K<robKe is noilred. AMVIp1 Lan rmt Deov $MIN 1. ill .11llln N ath- I.ler.ttN O WKlet Involved. .ferW..l of :4 (bat .a .111 or s61Kl " a) IKellave.t that —1 4 1ecr1.N err lot+ 1. Prier to Mardi", a stands shall be mtN With t4 Ulr cowleg the aIWIN cat of onvo,tion" t4 .s%t%%. t% WNa Assessment District 82-1 •••ri IM Whir ,nt,l pa"b !. Ibt1" of latest to lab W wafts" Mon Is1.N tWSCJW District shale be filed .lb the City C.K11 onfr b .� IKar4tia of tM rival 11p. I, mail" N Imsecte. to ran maw J.Ie the 1.11041", eWd t.N%"Pi.g District suit ov (It" .10 t4 City ClovclI wlw to rdcwdatl. of t4 "P M fareov" M ballet" Denim. .hlWwr mws first. I A, a 'S.' P •Safer advised that the applicant had provided the change in the revise Chairm III opened the public hearing, eM Sherri Mar n, 8540 Archibald, representing the applicant, concur d that the ' design Chang had been accomplished in stated she wou concur with a condition the revised working d win s, by the Design Re Committee. requiring that elemen 8 She to be reviewed Doug Lion, Rancho Cut nga resident, objected to the Tr consfdared cne trees to a to healthy condition and Plantings oe required in Removal Permit. He spaces between the tre gas tad that additional replaced Morris, yap safer representing applicant tEucal ndv ed that the trees would be across the street on Victoria Park �e�alyPt as those which were planted There were no further comments, theref the public hearing was closed, Chairrman Mclifel of the theiaaitycalTr•n p Yi 3 wf era amore appropriatenvariety. not =beenoner T rood andncurrdanand Pointed out the the trees in supported ee replacement. on have Motion: Roved by C ties, seconded b Blakesle approving Envfro tai Assessment y L0 Pt the Resolution additional condi on requlrin and Tentative Trac reviewed and a roved, p, g the central elaeent of 13873• with an following vo J the Design Review Committee. 8 ding 3 to be Notion rried by the AYES: COMMISSIONERS: CHITIEA, BLAKESLEY, ENERICK. TOLS 0Y, MC NOES COMMISSIONERS: HONE L SENT, COMMISSIONERS: NONE • .... - carried 0. ENV1Rnwuru .. - - ..... -Industrial subdiv s on o - ° " "rvr PARCEL MAP I0981 - GOLDEN NEST 11 and8al Industrial Dovelopment Olstricts(Subarea IOj,oloc Pa between 7th and 8th Streets, east of Hellman Avenue - API located s n t e Borrye Hanson, Senior Civil 2taff r por Engineer, presented the staff report. Chairman McNfel opened the public hearing, Planning Coraaission Minutes -12- a e June 22, 1988 0 n i 4 Bruce McDonald, 2910 inland Boulevard. Ontario, representing the applicant, objected to conditions requiring street and parkway improvements to the north side of 8th Street and to the in -lieu fee required as contribution to the future undergrounding of overhead railroad communtcatlon lines. Ve considered this protect to be a special case because the likelihood for reimbursement from adjacent properties was slight since that property is owned by the road. tic Street, but that felt the to improve 36 feet of frontage street with no chance of reimbursement was an p undue hardship con this developer. He noted that the Improvements to the north side of 8th Street are not necessary for the access of this subdivision or the effects of the completion of this subdivision. There were no further cumments, therefore the public hearing, was closed. Chairman McNiel did not consider the conditions required for development of this parcel map to be excessive of those required for the development of similar parcels. Commissioner Chitiea concurred that in -Ilea fee for undergrounding is consistent of conditions placed on other properties throughout the City. William Silva, Deputy City Engineer, stated he had met twice with the developer in an attempt to clarify the fact that 8th Street is a frontage road, similar to a flood control channel or freeway right of way. Therefore, when primary access is off a frontage street the developer is required to complete the full street improvement. Barrye Hanson, Senior Civil Engineer, pointed out that the City has required full width improvements elsewhere in the City. Commissioner Emerick stated that all sites have inherent advantages and constraints. He felt that, unfortunately, if this developer does not improve 8th Street on both sides it will not be improved. He, therefore, supported the undergrounding and street improvement conditions. Commissioners Tolstoy and Blakesley concurred that the conditions were consistent with City policy. Motion: Moved by Emerick, seconded by Blakesley, to adopt the Resolution - approving Environmental Assessment and Parcel Map 10981. Notion carried by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: EMERICK, BLAKESLEY, CHITIEA, TOLSTOY, MCHIFL COMMISSIONERS: NONE COMMISSIONERS: NONE Planning Commission Minutes -1rr3- t��0 Y carried June 22, 1988 -; __ n�.:a .•ti:�:i^I: j,*•t- ,.;_.,r..Tst• ..a •. _. ... -�1-. �,,.: +;, .x� E 6 AFFIDAVIT OF MAILING or the City d1 ' Cucamonga, Mail Clerk f Y of Rancho do hereby swear that on .Sf 1985's at approximately �• /- Ci o'clock ,•Y� (a.m. or P.m.). I deposited in -r the Cucamonga Branch of the United States Post Office located at 9607 Business Center Drive, a letter addressed to and regarding; PUBLIC HEARING CITY COUNCIL MEETING AUGUST 17, 1988 aL 7:30 PN ENVIRONMENTAI. ASSESSMENT S TENTATIVE PARCEL HAP 1Og81�L0EN HEST EQUITY 54 LABE�SI•ED 8- 5-88:, ISEE ATTACHED SHEET) Signed ;`� Data: i BARBARA RRALL y (RETURN TO ENGINEERING DIVISION AFTER SIGNING) (a/ 3 ' --9 'ancb Sc l_tamanga Ca O,,3O 209- 031 -11 NL'NO2, GENARO C /O: A CHAVEZ 16638 Pillar Ave Fontana, Ca 92335 209- 031 -12 D EARS, HAROLD W AND DONNA 8833 Industrial LV Cucamonga, CA, 91730 •- tea._ < JEST. ?ALT. AND EtiEL 1543 N :v?:ess 209 - 171 -23 DANIELS CO.�OyE.�. EXCBAYGE ISC 9529 Eighth St. Rancho Cucamonga, CA. 91730 209 - 171 -32 SERRA. JESSIE D 9319 RA' GLORIA S E 8th ST Reach, Cucamonga, CA. 91730 209 - 031 -13 SEBALLOS, NATIVLDAD 209 - 131 -33 9518 8th St. Rancho Cucamonga, CA. 9' SERYA, GILBERT D AYD 1730 9511 8th Street YAROARL�' H Cucamonga, CA. 91730 209- 031 -55 8801 DAVIES, �ALHER7 WAND SARAH L + Ave Cucamonga, CA. 91730 109 - 031 -58 CSR 5265 W State Sc Ontario, CA. 91761 209_031 -77 209 - 171 -38 BAY% LUTHER A AYD BITTY F 838 8utfington UPland, Ca 91786 209 - 171 -39 PRIHISZTAL. STEVEN AYD EVA 1364 N. Helen Ontario, CA, 91762 FILPI, SEBASTIAYO 209 - 171 -4p C TR (F80- SEBASTIAY01 YAITN .L \D . Ly pglfliSZTAL, STEVEN C /O: HAITNEW 8810 C FILPL 1344 N, Helen Ontario, AND EVA Rancho Cuc3m n Ave Cutar_onga, Ca Ca. 91762 91730 09- 171 -06 RI, 4IKE ETAL CARYAHAY \70INE:TE 209- 17I -41 •0 Box 33 INLAVD PARTNERSHIP I 0� to Loma CA 9_7 - 01 C /O: AkfAD CHOTBI , 9004 Archibald Ave Rancho Cucamonga, CA 91730 la- Ana", 'z' Ca. i3e 209 - 171 -58 GOLDEy WESI EQUITY PROPERTIES C /0: BRUCE HC DONALD n PUCE College Blvd Anaheim, CA 92806 209 - 341 -06 BORREGO, DEBORAH y , 9149 Amethyst Rancho Cucamonga, Ca, 91730 209- 341 -07 HOFFYA.Y, WILLIAM L A.YD DEBRA A 9141 Amethyst St Cucamonga, CA, 91730 209 - 341 -08 BILLINGS, BRUCE P AND DEBORAH F. 9131 Amethyst Cucamonga, CA. 91730 209 - 341 -09 GALVAY, SUSAY D TR A,Yp PATRICIA Tit 9121 Amethyst St. Ranco Cucamonga, CA. 91730 209 - 341 -10 GARCIA. JESSE S AND CA.4.yF.Y S 9122 Amethyst Cutamonga. CA. 91730 209-341 -11 DOYZELLA SFREDDIE D ,LYp 9132 Amethyst Rancho Cucamonga, Ca, 91:0 CCRRY, 3RCCE 9 -ii Cumercn is C.x3m0131, Ca 209 - 341 -13 MARTINEZ, ALBERT J. JL` n'EZ, ELIZABETH 9456 Cameron 5T Rancho Cucamonga. CA. 91730 209 - 341 -14 OCHOA, JOE L AND BEATRIZ 9446 Cameron Sc Rancho Cucamonga, Ca 91730 209 - 341 -15 KAY.MER. STEVE AND SALLY 9436 Cameron, Rancho Cucamonga, CA 91701 209 - 341 -44 HARTER. JAMES R AND LINDA K 343 Eagle Or Placentia. CA 92670 209 - 341 -45 SHER, WAJAHAT ETAL KARIM. ZAHID 9123 Layton St Cucamonga Ca 91730 209 - 341 -46 GL-IIERREZ, ARTHUR P AND CONNIE J olll Layton Rancho Cucamonga, CA. 91730 ?AC :Y. +;:::•c? H '90! ': 1wY Ave 4113 Fontana, Ca 32333 209- 341 -49 NICHOLAS, TERRY D 9112 Layton Sr. Cucamonga, CA. 91730 209 - 341 -50 RA `=A. PATRICK PETEP%L%N, DARL3.`IE M 9124 Layton Rancho Cutaanaga, Co 91730 209 - 341 -51 TALLEY, HEBER G AND PATRICIA M 9132 Layton Rancho Cucamonga, Ca. 91730 209 - 341 -52 RUIZ, ARMANDO 9420 Camaroa St. Rancho Cucamonga, CA. 91730 209 - 341 -53 PROSSER. REBECCA L 253 W. Linwood AVG NO D Monrovia CA. 91016 209 - 341 -54 KRUSHE, TIMOTHY L AND KATHLEEN V. 9400 Cameron St. Rancho Cucamonga, CA. 91730 CJA75. 21C 93E6 CA =G-zn is - Cacaccc ;a, Ca 209 - 341 -57 JONES, VrR.V03 L ETAL GUTIERREZ, ARTHUR R ' 17371 La Collette P1 Yorba Linda, CA. 92686 209 - 341 -58 SIM. MARTIN W A \'D DANA 9121 Halts Ave Rancho Cucamonga, CA. 91730 209 - 341 -59 KELLEY, JAMES D 9111 Helms Ave Rancho Cucamonga, CA. 91730 209 - 341 -60 WINTER, MARK 0 9112 Helms Ave Cucamonga, Ca. 91730 209 - 341 -61 TAYLOR, DAVID A AND BARBARA S 9122 Helms Ave - - Rancho Cucamonga,.Ca 91701 209 - 341 -62 ANDREWS, ALVIN W III 9132 Helms Ave Cucamonga Ca. 91730 - 341 -47 209 - 341 -55 , -1r, OL__11 209- 361 -68 ;, GEORGE L AYp GAIL A AKRE, RICHARD M COFFEY, GARY A AND CONNIE E - Amethyst 9396 Cameron 9544 Edaveiss St. mho Cucamonggaa . Ca 91730 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA. 9173Q '.00 -3`: 59 i�%een ;r,�...�y�'t. -i•Y !A XSD LCC"'DA L 353+ SdnL:diaa 5:. Rancho Cucamonga, CA, 91730 209 - 361 -70 x COLE, MILLA.RD C JR ASD JVDM A 9114 YAlachl:e Ave Cucamonga Ca. 91730 209 - 361 -71 SPEIGHI, OZELL M AND PERCEITA M 9124 Haiachl:e Ave Cucamonga, CA. 91730 209- 36L -72 LOOMS. HARRY F A.YD DORIS J 516 Peeoheree Ln Arcadla Ca. L'209- 361 -73 I CUNDARI, RONALD L M GAYLE D 9142 Nalachire Ave _ Cucamonga, Ca. 91730 X209- 361 -74 CHAN, DUT D, SHUI C AND SHI S 9150 Nalachica Ave Cucamonga, Ca 91730 1 -�56 F ' 4� m r? � a• e; CITY OF RANCHO CIJCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FRDM: RusselI H. Maguire, City Engineer BY: Barrye R. Hanson, Senior Civil Engineer SUBJECT: EWIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP 9897 trmu,raw� - KWMKN rKUrtKlitO - Appeal of the Planning ss en ee s on requ r r,l a median island within Terra Vista ParkwAy for a subdivision of 17.08 acres of land into 3 parcels in the Terra Vista Planner! Community, located on the southeast corner of Church Street and Terra Vista Parkway (APR 1070 - 421 -05, 1077- 091 -17) REC0901114TI0N: Staff reccownds that this item be continued to the September 7, 1988 City Council meeting. PAC%GROUND /ANALYSIS The subject of this appeal (Terra Vista Parkway median) 1s scheduled to be discussed by the Planning Commission at the meeting of August 10, 1988 as a modification of conditions for a related project. The Develope• has agreed to continue this appeal to allow staff time to incorporate the Planning Commission's findings into the appeal report. Respectf94 submitted, -- r Attachment 13� a Lewis Homes Management Corp. "'N,.6, A. /PQ a.676 /UO_4 C.Ua 9171151714 August 4, 1988 Hr. Barrye Hanson Engineering Division City of Rancho Cucamonga P. O. BOX 807 r Rancho Cucamonga, G 91770 Subject: Appeal of Conditions - P.M. 9897 Request for modifications to Conditions - COP86 -20 and DR87 -08 Dear Barrye: Per Our telephone discussions, I understand that Our request for median ciniTerra VisConditions arkay between 6Town Center Drive andsChurcth Street will be hoard before the planning Coseission on August 10. Tseir decision will have an impact on our appeal oL that very same condition on parcel map 9897. Given the time necessary to finalize the Commission's decision for the city Council, our appeal will thus be heard before the Council on September 7. If this timetable ie not as ws have agreed or a change needs to be made, please do not hesitate to call me. Sincerely, LEpIS HOMES ,MA/HAGEKERT CORP. %+A. /ku n Ken Hishikawn Project DevOlOPment KKH /jh cc: Mr. Bill Humphroy, Radole b Associates Hr. Fred Agniar, Levis Homes Hr. Stan Ball, Levis Homes Mr. Gerry Bryan, Lewis Homes w u o �! Hr. Don Thompson, Lewis Homes P C 1u 11 � L':. D ALIG 05 1988 33 6111 OF RAN4,'43 CUCAMONGA ENGINEERING DIVISION rt1 AFFIDAVIT OF NAILING hereby r` ear Ma 1 Clerk for of Rancho a• Cucamonga, do hereby\\ swear that on r approximately L O 1B at — _ 0 ciock the Cucamonga Branch of the United States post office . located at 19�7ostted 1n y- Center Drive, a letter addressed to and Business PUBLIC= CIS regarding: COUNCIL AUGUST 17, 1988 at 7i30 P.M ENVIRONMENTAL ASSESSMENT AND TENTAT AYE PARCEL MAP 9897 - MODIFICATION WESTERN PROPERTIES 4 NOTICES MAILED AUGUST 5, 1988 dlw L').'-' /I Signed: pate:: j Stofa (RETURN TO ENGINEERING DIVISION AFTER SIGNING) X31 ,WESTERN PROPERTIES WESTERN PROPERTIES MADOLE G ASSOCIATES, INC. r P;O BOX 670 P O BOX 670 545 NO MOUNTAIN AVE ST'E 105 %UPLAND CA 91785 -0670 UPLAND CA 91785 -0670 Iff UPLAND CA 91786 NE IATTN JJ" LClIPA AT1N STANLEy K HELL ATTN WILLIAM HUMPHY V if,IISERT AJA ASSOCIATES MO CORPORATE PARK .IRVINE CA 92714 LATIN GILBERT AJA i I� .ti •. _.oak - - . -� ,I m A® O-B CEVERAFMEYT CO O �HOXCCAA670 yy�� 7 NN 1077- 431 -04e05 060 '7H•a • 4' •�' 1077- 091 -16,17 �•. STERN PROPERTIES O BOX 670 WESTERN PROPERTIES c MACOLE s ASSOCIATES, INC. LAND, CA 91785 -0670 P O BOX 670 UPLAND CA 91785 -0670 545 NO MOUNTAIN AVE STE 105 TN. JOHN HEI.MMR AT3'N STANLEY K BELL UPLAND CA 91786 ATIN WILLIAM HUMPHREY :BERT AJA ASSOCIATES ) CORPORATE PARK t,—NE CA 92714 N GILBERT AJA ,WESTERN PROPERTIES WESTERN PROPERTIES MADOLE G ASSOCIATES, INC. r P;O BOX 670 P O BOX 670 545 NO MOUNTAIN AVE ST'E 105 %UPLAND CA 91785 -0670 UPLAND CA 91785 -0670 Iff UPLAND CA 91786 NE IATTN JJ" LClIPA AT1N STANLEy K HELL ATTN WILLIAM HUMPHY V if,IISERT AJA ASSOCIATES MO CORPORATE PARK .IRVINE CA 92714 LATIN GILBERT AJA i I� .ti •. _.oak - - . -� ,I m A® CITY OF RANCHO CUCA14ONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad duller, City Planner BY: Otto Kroutil, Deputy City Planner SUBJECT: ENTERTAINMENT PERMIT 87 -01 - HARRY C'S - Appeal of the Planning om ss on decision modify Entertaiment Permit 87 -01 for a restaurant /night club at 10877 Foothill Boulevard. I. RECOMMENDATION: This is an appeal of a Planning Commission ac on. s recommended that the Commission decision be upheld. 11. BACKGROUND: Since 1987, Harry C's has operated under an Uffe—FUTn—eent Permit approved by the Planning Commission. The Entertainment Permit was conditionally approved in June of 1987 for a 'disc jockey doing vocals and playing records nightly from 8:DO P.M. till 2:00 A.M.'. Over several months, a number of Problems, disturbances, and violations have occurred at Harry C's (please see attached Planning Commission Report of July 13, 1988, Attachment 'III'). On June 7, 1988, the City's Public Safety Commission reviewed these problems and safety violations and recommended to the Planning Commission that additional conditions be imposed an the- _ Entertainment Permit. These additional conditions incl•,ded the requirement for u iformed, duly licensed guards. The Public Safety Commission also recommended that the scope of the entertainment be restricted. On June 23, 1988, Mr. Chan of Harry C's submitted a new application for an Entertainment Permit. The new application would allow the scope of the existing Entertainment Permit to be expanded to Include 'disco with live entertainment (live DJ, act, play, show, dance contest, band, beauty contest)'. CITY COUNCIL STAFF REPORT ENTERTAIM4ENT PERMIT 87 -01 - HARRY C'S August 17, 1988, - �- Page 2 On July 13; 1988, 'the Planning Commission held a public hearing to consider the two requests as follows: I. ReM mndation of the Public Safety Commission to modify the conditions of approval and to keep the scope of'the entertainment restricted; and 2. Application by Harry C's to allow an expansion of the permitted scope of the entertainment. Following a lengthy public testimony includingg a presentation by the Foothill Fire District, the Commission c�atermined that the j applicant should bn_pnymitted to continue to operate as outlined under the original permit, i.e, a disc jockey only. The Planning T Commission should rotdbeeexpbnded and that as minimum of two Uniformed thatdanother hear ng should be scheduled led the C in O Oi sin t determined consider modification, suspension, or revocation of the Entertainment Permit. Councilocshould is n a mein, ublcappeal & Ing on the appeal make an appropriate determination. The attached Planning Commission report Of July 13, and other materials provide more detailed information,. R p ful�}d. BB:OK :te Attachments: Attachment "I' - Notice of Appeal Attachment 'II" - Planning Commission Report of July 27, 1988, with Resolution Modifying the Attachment "III" - Planning nCeomniss onLReQort of July 13, Attachment "Iy' - Letter of JulyExhibits 11, 1988 to the Commission from Harry J. Hasten, Attorney for Harry C's, with Exhibits 'A' Attachment y. _ through 'E" Minutes of Planning Commission Hearing of July 13, 1988 Minutes of Public Safety Commission Meeting of June 7, 1988 1 {I 13� t'4 HARRY J HISTEN ;;i �noww c. a r.ww �,_ a:vsea:�a. uuroa:r:� aaao: GM �C t NOTICE IS HEREBY OIM that Harry C's, Inc. hereby submits, pursuant to section 17.02.080B of the Rancho Cucamonga Municipal code, its Notice of Appeal of the decision of the Planning Commission, City of Rancho Cucamonga of July 13, 1988, in the matter of "ENTERTAINMENT PERMIT 87 -01 -HARRY C'S." Said appeal is basud on the grounds that there vas inauf:i- cient evidence to deny the application pursuant to Section 8.12.080 of the Rancho Cucamonga Municipal Code presented at the Planning commission hearing on July 13, 1988. Said appeal is based on the staff report of the Planning Division; the response of Harry C's, Inc. thereto, and the oral evidence provided at the hearing. Dated: July 22, 1988 Respectfully submitted, Harry J. Hinton, Attorney for Harry C's, Inc. CITY ov e� Esc c 1,1 C, JUL 2 21988 An S1Q1n1u112i112r341M 1 { -0 �- July 23, 1988 "T City Clerk City of Rancho Cucamonga 9320 Baseline Rd. Rancho Cucamonga, CA 91730 ,. NOTICE OF APPEAL GM �C t NOTICE IS HEREBY OIM that Harry C's, Inc. hereby submits, pursuant to section 17.02.080B of the Rancho Cucamonga Municipal code, its Notice of Appeal of the decision of the Planning Commission, City of Rancho Cucamonga of July 13, 1988, in the matter of "ENTERTAINMENT PERMIT 87 -01 -HARRY C'S." Said appeal is basud on the grounds that there vas inauf:i- cient evidence to deny the application pursuant to Section 8.12.080 of the Rancho Cucamonga Municipal Code presented at the Planning commission hearing on July 13, 1988. Said appeal is based on the staff report of the Planning Division; the response of Harry C's, Inc. thereto, and the oral evidence provided at the hearing. Dated: July 22, 1988 Respectfully submitted, Harry J. Hinton, Attorney for Harry C's, Inc. CITY ov e� Esc c 1,1 C, JUL 2 21988 An S1Q1n1u112i112r341M 1 { -0 W ■ 141 0 imeAt 11.1 'm s CITY OF RANCHO CUCAhIONCA^ STAFF REPORT w DATE: July 27, 1988 TO: Chairman and Members of the Planning Commission FROM: Brad Buller,,City Planner BY: Otto Kroutil, Deputy City Planner SUBJECT: ENTERTAINMENT PERMIT 87 -01 - HARRY C'S - A consideration To—w--di y, suspend or revo a —an-entertainment permit granted for a disc jockey doing vocals, act, play, show, dance contest, band, beauty contest in conjunction with a restaurant /night club, located at 10877 Foothill Boulevard. I. BACKGROUND: At the July 13, 1988 meeting, the Commission held a pu c aring on this item. Following a lengthy testimony, the Commission directed staff to prepare a Rcsalution approving the Entertainment Permit with specific modifications to the conditions of the original permit. Speciffcally, the Commission directed that the scope of the Entertainment Permit not be expanded, and that a minimum of two uniformed, duly licensed security guards from a reputable security firm be required on the premises. The Commission further requested that another hearing be scheduled in approximately 120 days to review the Entertainment Permit. Attached is a Resolution for the Commission's review and consideration. Staff recommends adoption of the attached ng Entertainment Permit 87 -01. BB:OK:te Attachments: Resolution 14�L i. r, I= �a RESOLUTION NO. 88 -143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAXONGA, CALIFORNIA, MODIFYING ENTERTAINMENT PERMIT 87 -01 FOR FLURRY C'S RESTAURANTAIGHTCLUB LOCATED AT 10877 FOOTHILL BOULEVARD A. Recitals. (i) On June 24, 1987, this Commission adopted its Resolution No. 87- 102, thereby approving, subject to specified conditions, vocals for dancing in the Harry C's Restaurant on the southwest corner of Foothill Boulevard and Spruce Avenue. A true and complete copy of said Resolution is attached hereto as Exhibit W and is incorporated herein by this reference. (ii) On June 7, 1988, the Public Safety Commission for the City of Rancho Cucamonga publicly conducted a hearing to review the reports of law enforcement, fire safety, and r_Tated public safety problems and reports of expansion of the scope of encertalreent be and that approved by this Commission and recommended that additional conditions of operation be imposed on Entertainment Permit No. 87 -01. A true and complete copy of the Public Safety Commission findings are attached hereto as Exhibit 'B' and is incorporated herein by this reference. (iii) On June 24, 1988, Harry H. Chan applied for an annual renewal of the Entertainment Permit, as required by Rancho Cucamonga Municipal Code Section 5.12.110, which included a request for expansion of the nature and scope of the entertainment. (iv) On July 13, 1988, this Commission conducted and concluded a duly noticed public hearing to determine whether substantial evidence existed to support revocation of Entertainment Permit No. 87 -01. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NON, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence, including written staff reports and further testimonial evidence presented by the Sheriff's Department and Foothill Fire Protection District during the public hearing described in paragraph A. (10, above, this Commission specifically finds that violations of Condition No. 4a of Planning Commission Resolution No. 87 -102, violations of Rancho Cucamonga Municipal Code Section 5.12.100, subsections (2), (4), and (5), and violations of Poncho Cucamonga Municipal Code Section 3.36.050, have occurred since the adoption of Planning Commission Resolution No. 87 -102, contrary to the peace, health, safety and general welfare of the public. 143 PLANNING COMMISSION RESOLUTION N0. RE: EP 87 -01 - HARRY C'S July 27, 1988 Page 2 to revoke Entertainmen Entertainment Permit no. 87- 011f1 above, h declines however. er In order to insure future compliance with the conditions and City regulations identified in paragraph 2, above, this Commission hereby modifies Entertainment Permit No. 87 -01 by adding the following conditions: a. The Secretary of this Commission is hereby directed to set a public hearing fee a regular meeting of the Commission, approximately 120 days after the date of adoption of this Resolution, to further consider modification, suspension, or revocation of Entertainment Permit No. 87 -01. At such time, this Commission shall review the operation of the permfttee's business to determine whether it is being operated consistent with the conditions of approval and all other City regulations. b. No expansion of the entertainment permit is allowed. e. A minimum of two uniformed, duly licensed and regularly employed security guards from a reputable security firm shall be required to be on the premises from sunset until two hours after the cessation of any entertainment. At least one of said guards to be and remain on duty to the parking and outside adjacent areas of the facility. 4. This imposed by Entertainment Commission No. 87-01, and Planning conditions Com fission Resolution No. 87 -102, attached hereto as Exhibit "A ", shall continue in all respects and with full force and effect. S. The Secretary of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1988. PLANNING C"JSSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: r u e u y cre ary I, Brad Buller, Deputy Secretary of the Planning Com fission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Comission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of July, 1988, by the following vote -to -wit: AYES: NOES: ABSENT: ABSTAIN: COMMISSIONERS: CHITIEA, CLAKESLEY COMMISSIONERS: NONE 141 COMMISSIONERS: COMMISSIONERS: EMERICK, TOLSTOY MCNIEL e •t Y s r, A 1 I RESOLUTION N0. 81 -102 A RESOLUTION OF THE RANCHO CUCANOWA PLAIR�I114 CDfeIISSIgI NC,W HMfROViNY ENTERTAINMENT .tRNlT N0. 47 -01 TD CaRATE ION T C'S�TUMT 4T A DIX JOCKEY FOR DAERAT FOR AURANi LOCATED AT iC417 FOOTHILL $ML AR0 A. RECITALS (i) M Cucaarr9K' the City Coerocll 01 the City of 9a adopted CrHroaroee Me. 25^ prow drop for tM regulation of entertainment. (it) On June 1. 1907, Harry Chan has filed an applfcatfon for' daacHbei1 +Mwetufthi title aNiesyjt Fowt (EP 87 -01) (iii) OR that 241h day of June. in?. the Ranehe the aib" Commission held a Pumlie hearing to corfeaarr Project. d. RESOLUTION follows. THEWME0 the Rancho Cucaesga Plesefng CMW$Sfcm rasolvod as I. This Commission hereby specifically fink that all the facts sat forth in the wins, Resolution are Late and corset. Part A. of thls 2. eased ON suhtantial wideoce pre4estN to this Camrlssia rrirof the abaw- referenced Julia 24, o 19p hesHng, fnlglnupHdRe the Witten staff report . and the Mil cant this ad ""ffad ApplicatieM of fht as follows Ca�1uiM hereby spedfially firs a. 11b appiiation applies to property locat the somth "t corner of located III Spayed on 4 lot passentlY improved with st►yctures and Rppestawantrags rhich constitute Harry C'S b* vivant lurmilding Prop4rty is undeveloped, c. The Propes" antertaitwsnt, as eoMitioro4d hereby. City of Ilasche Ceamorogg 4S 8� I' e A11*COM ISSWU AE 70 40. I M[nt PMIT 8-01 - Wdf C'S June 24, 198 Pale 2 3. Based upon sussUntiai ovldenee Presented to this Cowin an durtnp he atave.referrnc*d June 24. Isl7 forth i and upon the specific ffr4iego of lasts yet harpy flndarand Concludes as foollow: qta Comaisston (a) mat the conduct of the eateelishment or the !ranting of the a►pMutton weu1C not M Contra and p+alte AMIq, safety, morals or wtfarrl (D) That the Praises or eataaifsheont are net likely to M N erated f* an 111egal. improper or disorderly O"Mrl and (C) mat the applfar;2 Ms net had My vel, 144 efof aleeho� fyi ►, nrl CO n t1M r1 rove1cN within the prrceding five yNryMt tatng"tt of Create a P !!rrooting the appltatfon wwid not PWltc nuisaACel and e) mat top +grmal op ►orld not "tfoR of the Promises rotors *re with the Puee and 'Ay surrounding r"fdo*tfal nNghlerioed. quiet at misleading aor 1f art has made any fall* fe /n yMj, rwdortont sutemont of amtema; required application. 4s Bash ulen tlfo finMn�s and aneluafonf set forth in Paagraair, 1. 2 and TOM, this COMSSIM hemby tfomat •Nllattan sweet to tho follorin! a- TThis �ra1 is for a dfsC hockeeyy doing Pleasure Piayin! roards for I Stonin difte floo��ra, eene� se in step at tho intensity, or ether qo scale er entartafr*atnt 1ho11 modification of modification of this rogetrr application for Permit. D. Condtj ,,ft a 604"* 11e dams or any CustaaMry is P•mttN by Patrons or attendance at the • shall have in supervising the danpet �t and the Conduct thp4jp ofineil 1 /4,0 OfTEANTAY C"ISSION RESOLUTION No. NM �4. „w ►LMIIT 17 -01 - NAAAT C'S 94 wiformed s Vritoars' a duly itcan3N and d4;wfnm is Nrwtgd oorr.� at all Limos 3ucN prori3landraf,� a11aN. MMvor the this condition 311411 awly' only Mren rdaNCe floor or danc4 are@ in mxc4is of M i � forty spuar4 foot O awllrilm or Patrons. dam by 11Y LY3taNn or AFMOYW A* 1, -THIS 247H OAY W jUK. 1457. '"CoMISSIOH Of THE CITY W RAHCM =..a to grad C MMMOI die he arttf W11y"6M /M COWSSIaN of tto City of Cf IF Ranehm Cucanan"M idi om br the hopping colts is on duly of the on th• 2dtN d4y of JaM. 1157. the la fo„MM of W /IN11iN1 CWMSSion hold AYES: M veto- tmwit: COMRSSIOMaS: TOLSTOY, EKIIICK. OLAKESLEY. CHITIEA. MCNIEL NOES: CO WSSIOHEIS: Mg AISW: CONSSIONUS: fpfq 141 w, s i -ti CITY OF RANCHO CUCAMONGA MEMORANDUM h V DATE: June 16, 1968 TO: Planning Commission/ FROM: Public Safety Comission �ke L SUBJECT: HARRY C'S RESTAURANT - ENTERTTAINMENT PERMIT At the request of the Mayor, the City staff prftsentsd to the Public Safety Comission reports of law enforcement, fire safety and related public safety problems that have plagued Harry C's since its opening. On June 7, a hearing was conducted on this matter. A copy of the staff reports presented to us on that date are attached. The Commission learned of the following areas of a.ncern: 1. Excessive law enforcement resources that are being expended to police the establishment, particularly in connection with the providing of tntertainment. 2. Repeated fire code violations and failure to comply Witt, public safety provisions relating to crowd control. 3. The licensee's expansion of the scope of entertainment beyond that approved 1n their pantt, without the consent or approval of the Planning Commission or Planning staff. 4. The habitual failure to pay city admission taxes in a timely manner. S. The failure to comply with landscaping requirements of Ira Planning Division. it. The Cocmisaion. after review of the staff reports, response by the licensee, his attorney and landlord, and after discussion, unanimously adopted by motion the following findings: 143 ,, Y i� x 9 - l.a i Harry C's Restaurant - Entertainment Permit June 16, 1488 Page 2 _ FINDIN" OF FACT 1. The licensee has been the subject of Persistent and repeated fire code violations which endanger the public welfare. Specifiully, the repeated blacking of hallwys and exits, excessive occupancy beyond capacity limits, inoperative fire sprinkler gauge equipment, and failure to report a fire that occurred during business hours. 2. The licensee has personally bean previously and repeatedly advised of fire code requirements and violations. 3. The licensee has wilfully and repeatedly allowed an excessive and prohibited nucber of patrons uithin the entertainment area (bar /disco), creating a public safety crowd control and fire safety hr-ard. 4. An excessive and disproportionate amount of police time, sutnpower and resources have been expanded to police patrons at the licensee's facility and to respond to calls for service. This drain on resources is above and beyond that normally expected in such an establishment, and has resulted in pp+trot deputies having to leave their assigned Deats in the Ctty, thus Leaving service levels in those areas with an unacceptable level of Protection to order, to adegvately deal with law enforcement problems at the licensee's establishment. S. The licensee's plainclothes 'sr -urity guards are grossly Inadequate and inappropriate for both the nature of the licensee's business and the excessive amount of people attracted to the outside the premises. facility, both inside and 6. The above matters have been brought to the attention of the licensee by the Police and fire service oa numerous occasions, and a satisfactory level of cooper &Lion and compliance has not been achieved. CONCIUSIONS The Public Safety Comissien concludes that action by the Planning C411111ssion to modify, suspend or Nvoka the licensee's entertainment porolt is .seeded Inasmuch as the permitted business activity is being conducted to a manner contrary to the peace, health, safety and general welfare of the public. And, further, that the licensee is operating a permitted activity in violation of fire ordinances and the conditions of his entertainment permit. III. RECOM WATIORS It is therefore recommended that the Planning Coanission take action to impose the following conditions on licensee's entertainment permit: l49 �r-r' �.:•:••' •4:n -.o. ���� ;„t- +�.,�:wK'e=;i *,�4;, x - , �. ,:.�-�?:i'�i^*r�N °�tr,'rJ .7k, nr. Harry Cs Restaurant - Entertainment Permit June 16, 1968 [' % "' Page 3 1, q minimum. of two unt formed dui aL. licensed and recto S e to d saeurity guars rom a repuub a,•secur t nre s requ rt ed to be onx a Promises- from sunoet until tin hours•& tar a cessation of any entertainment. At least one ofaatd'g6ards to be and remain an du:y in the_•�parkinp and auu s 4- aJatent Areas of thi;faciltty. -.Y 2. The hours and scope of-anti rtainant, permitted be restrfcted to reduee the number of Patrons who loiter after hours in the facility. parking and outside areas of - 3. Such further conditions As the fire and police specifically requg3t to' eliminate, minimize or mitigate the 1 public safety problus associated: with the providing of entertainment by the licenses. y 4. It is further recommanded that the Planning C4 mission not grant additional 'the tt grace time or delay licensem for the purposes of eoGe caepladdi with fore regulations And- other public safety requirements, and that the continued failure to mainuin the minimum Public safety requirements licensees of the entertainment pdrwil. result in the permanent ravocatip� thereof. CAB /dJa Enclosed 150 w. I,D Attachment III' It :ITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 13, 1988 TO: Chairman and Members of the Planning Ce®issien FROM. Brad Buller, City Planner By: Otto Kroutil, Deputy City Planner SUBJECT: ENTERTAINMENT su pen 87-01 revo elan Cen ertaicnmentdapermit granted for a disc ,locket' doing vocals, act, play, show, with a restaurant /night b�, located at 10877 FoothilltBoulevard. 1. pTaSnnA g Comaissicnn fromithheenPublic Permit Safety Comaissi r d to the ontoconsider possible tshasiappliedvfortiun oexpanspermit. of the entertainment use. The Comaissicr is requested to review: (1) the Public Safety Commission recowendations, and (2) The applicant's request for an expansion of the use. II. BACKGROUND: for an "disi� key doing vocalsnandiplayingarecor sin nightly from 8:00 p.m. till 2:00 a.m. The conditions of approval req:ired that an expansion of the dance floor, increase in intensity, or other change in entertainment be reviewed and ap7roved by the Commission as a modification of this permit. The conditions also require that a "duly licensed and uniformed security guard" be provided as required by the Entertainment Ordinance No. 290. During the past six months, many problems and disturbances have occurred Harry s ra i the terms of the Entertainment Permit. The at ched reports(Exhibit"0 fully describe those city, law enforcement, and fire safety problems and a which thns which have been documented at the • Disturbances /intoxicated persons (15 occurrences) • Thefts in • Narcotic arrests g restsoccurrences) (5 nces) PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT 01 -01 - HARRY C'S July 13, 1988 Page 2 * Traffic collisions (1 occurrence) • Stabbing (1 occurrence) ' Shooting (1 occurrence) * Feionious assault (1 occurrence) * Blocked fire exit violation (numerous occurrences) * Excessive occupancy (numerous occurrences) * Excessive vehicles In parking areas (numerous occurrences) * Unreported fires * Delinquent admission's tax payments * Lack of maintenance of lam:scaping * Mate exotic dancing show III. PUBLIC SAFETY COMMISSION FINDINGS AND RECOMMENDATIONS: On Juna 7, e u c a reTy Lommission rev ewe the many problems and disturbances which have occurred at Harry C's Restaurant within the Past six months. Representatives of the Fire District, Sheriff's office and several City Departments testified about the various problems. After much discussion, the Public Safety Commission made a number of findings and recommendations to the Planning Commission. These are summarized below. (A detailed memorandum from the Public Safety Commission, dated July 16, outlining to detail these findi js conclusions and recommendations, is attached as Exhibit `A "I. FINDINGS• I. The permittee has been the subject of persistent and repeated fire code violations which endanger the public welfare. 2. The permittee has been personally and repeatedly advised of fire code requirements and violations. 3. The permittee has willfully and repeatedly allowed excessive and prohibited number of Patrons within the entertainment area- (bar /disco) creating a public safety crowd control and fire safety hazard. 4 An excessive and disproportionate amount of police time, manpower and resources have been expended to police patrons at the permittee's facility and to respond to calls for service. S. The permtttee's Plainclothes "security" guards are grossly inadequate and inappropriate for both the nature of the pormittee's business and the excessive amount of people attracted to the facility, both inside and outside the premises. X53 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT 87 -01 - HARRY C'S July 13, 1988 Page 3 The above matters have been brought to the attention of the permittee by the police and fire service on numerous occassions, and a satisfactory level of cooperation has not been achieved. The Public Safety Commission concluded that the permittee is operating in violation of fire ordinances and the conditions of his entertainment permit. The Public Safety Commmission also concluded that action by the Planning Commission to modify, suspend or revoke the permlttee's entertainment permit is needed. RECOMMENDATIONS: The Public Safety Commission recommends that the ann ng omo scion take action to impose the following condition on permittee's entertainment permit: 1. A minimm of two uniformed• duly licensed and regularl em soya security guards from a repu£abT securii -rn�e requ r� to be on the premises from sunset unt o ours after the cessation of any entertainment. At least one of said guards to be and remain on duty in the p&rTfn -9 anT outside adjacent areas o' the facility. 2. The hogs and scope of entertainment permitted be restricted to reduco the number of patrons who loiter after hours in parking arx: outside areas of the facility. 3. Such further conditions as the fire and police specifically request to eliminate, minimize or mitigate the public safety problems associated with the providing of entertainment by the licensee. 4. It is further recasmended that the Planning Commission not grant additional grace time or delay the licensee for the purposes of code compliance with fire regulations and other public safety requirements, and that the continued failure to maintain the minimum pabllc safety requirements of the licensee's entertainment permit result in the permanent revocation thereof. Iv APPLICANT'S REQUEST FOR E %PANSIOH OF USE, Section 5.12.110 of the Munic pa o e requ rem a perm a annually reapply for an entertainment permit on or before January 1st of each and every year. On June 24, 1988, Mr. Chan reapplied for an entertainment permit for Harry C's Restaurant which included expansion of the nature of entertainment. According to the application (Exhibit 'E'), the following uses are requested in addition to the existing permitted disc Further, thetApplicationwrequestscpermissionnto conduct cane other types X5-4 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT 87 -OL'- HARRY C'S July 13, 1988 Page 4 of entertainment which are not named "because of the wide variety of our promotions and the fact that many of them are tied in with local or national sponsors and change from week to week, it is hard to designate a set schedule for them." V. ISSUES FOR CONSIDERATION: At Issue before the Planning Commission are two basic questions: 1. Have the problems identified by the Public Safety Commission been addressed successfully by the applicant? 2. On the basis of the above', should the Entertainment Permit be revoked, suspended, modlfled with additional conditions, or expanded in scope as requested by the applicant? Over the past month since the Public Safety Commission actioh, staff has ' been aware of the following: Polite Protection: The Sheriff's office indicates that Harry C's now has uniformed security guards patrolling the parking lot, which apparently kelped In reducing the number of calls for service. Three calls have been cogged in since June 7 (see Exhibit 084). Fire Protection: The Fire District informed us there are still serious problems occurring at the site. On June 30 another citation was issued for repeated blockage of an exit (see Exhibit 'C"). Landscape and maintenance problems: Planning staff has met with the owner to discuss improvements needed. Since our meeting, the following improvements have been made: o All dead trees have been replaced 0 80 additional flats of ground cover have been instilled (180 flats since April) o 94 agapanthus have been added for color o 50 sacks of plant mix have been mixed in with the soil o Irrigation has been improved and now appears to work Some additional work will be needed, but overall a significant improvement has occurred (see Exhioit 'D"). 56 PLANNING COMMISSION STAFF REPORT ENTERTAINMENT PERMIT 87 -01 - NARRV C'S July 13, 1988 Page 5 Entertainment Permit violations: Activities include dance shows, contests, and similar events involving a number of individuals. Existing permit provides for a single D.J. Admission tax delinquency: There is currently no delinquency; past fees and penalties have been paid. Fire District and Sheriff's staff will be available to provide additional information at the meeting. VI. OPTIONS: The following options maybe considered by the Planning ]^omission; A. Modification: The Planning Commission may modify the entertainment -permit to impose such reasonable conditions as to the use or extent of such permit as it deems appropriate to deal with the violations and problems regarding the operation of the permitted business (entertainment) activity. 0. Sus eon: The Planning Commission mey temporarily susp nsi e entertainment permit pending compliance. The Commission should specify a time period for the suspension. The commission may suspend or revoke an Entertainment Permit subject to determination that the applicant: 1. Made any false, misleading or fraudulent statements in their application; or 2. Violated any provision of the Entertainment Ordinance No. 290 or any other regulation or condition relating to his permitted activity; or _ 3. Is convicted of a felony, or any crime involving coial turpitude; or _ 4. Violated any regulations or conditions adopted by the Planning Commission or City Council relating to permittee's business or permit; or S. Conducted business in a manner contrary to the peace, health, safety and general welfare of the public; or 6. Demonstrated that he is unfit to be trusted with the privileges granted by such permit. (( r - HARRY C'S C. Revocation: The Planning Commission may revoke 'the w entertainment permit subject to the same findings necessary r for suspension. The Commission should specify in their revocation action, a minimum time period to reconsider any new " application for an entertainment permit. ; YII. STAFF Raj!nNDATION: Tho Commission should conduct a public ear n9 an cons er additional comments. If the Fire District concerns can be resolved, It is recommended that the Commission modify the Entertainment permit to include all of the conditions recommended by the Pub19c Safety Commission. Staff cannot support the requested expansion of the scope of the permit to incline unspecified other activities. Further, it is suggested that the permit be limited to a period of 120 days, and that the Commission review the permit at the end of this period. Finally, the conditions of approval should note that violations of any public safety provisions will result in consideration of immediate revocation of the entertainment permit. Staff will need direction to prepare the appropriate Resolutions. Re ull 1 , Bra er City VI nner BB:OK:mig Attachment: Exhibit 'A' - Memo from Public Safety Commission Exhibit "B" - Status memo from Sheriff's Exhibit "C' - Status memo from Fire District Exhibit "D" - Status memo on landscaping Exhibit "E" - New Application Exhibit "F' - Plans Exhibit "G" - June 2 Public Safety Commission report with attachments Exhibit "H" - Entertain Ordinance Exhibit "J" - Admissions Tax Ordinance Exhibit ':' - Resolution of Approval (June 1987) Exhibit "L' - Original Permit Application (1987) cc: Public Safety Commission 157 0 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: June 16, 1988 TD: Planning Commission FROM: Public Safety Comission��l, F f'f•, 4' SUBJECT: HARRY C'S RESTAURANT - ENTER�ITAINMENT PERMIT At the request of the Mayor, the City staff presented to the Public Safety Commission reports of law enforcement, fire safety and related public safety problems that have plagued Harry C s since its opening. On June 7, a hearing was conducted on this matter. A copy of the staff reports presented to us on that date are attached. The Commission learned of the following areas of concern: 1. Excessive law enforcement resources that are being expended to Police the entertainment. stablishment, particularly in that with the providing of e 2. Repeated fire code violations and failure L,n comply with gibitc safety provisions relating to crowd control. ]. The licensee's expx:,slon of the scope of entertainment beyond that approved In their permit, without the consent or approval of the Planning Commission or Planning staff. a. The habitual failure to pay city admission taxes in a timely manner. - S. The failure to comply with landscaping requirements of the Planning Division. !I. The Comisslon, after review of the staff reports, response by the licensee, his attorney and landlord, and after dis following findings: cussion, unanimously adooted by motion the /Ss 0 Harry C's Restaurant - Entertainment Permit June 16, 1988 Page 2 FINDINGS OF FACT 1. The licensee has been the subject of persistent and repeated fire code violations which endanger the public welfare. Specifically, the repeated blocking of hallways and exits, excessive occupancy beyond capacity limits, inoperative fire sprinkler gauge egtlipment, and failure that occurred during business hours. to report n fire 2. The licensee has personally been previously and repeatedly advised of fire code requirements and violations. 3. The licensee has wilfully and repeatedly allowed an excessive and prohibited number of patrons within the entertainment area (bar /disco), creating a public safety crowd control and fire safety hazard. 4. An excessive and disproportionate amount of police time, manpower and and to respond toeCallse for dservice�ic This drain on resourceseIS above land beyond that normally expected in such an establishment, and has resulted in Patrol deputies having to leave their assigned beats to the City, thus leaving service levels in those areas with an unacceptable level of protection in order to adequately deal with law enforcement problems at the Iicensee's establishment. S. The licensee's plainclothes -security- guards are grossly inadequate and inappropriate for both the nature of the licensee's business and the excessive amount of people attracted to the facility, both inside and outside the premises. 6. The above matters have been brought to the attention of the licensee by the police and fire service on numerous occasions, and a satisfactory level of cooperation and compliance has not been achieved. CONCLUSIONS The Public Safety Co ®issiun concludes that action by the Planning Commissldh to modify, suspend or revoke the licensee's entertainment permit is - needed inasmuch as the permitted business activity is being conducted in a manner contrary to the peace, health, safety and general welfare of the public. And, further, that the licensee is operating a permitted activity in violation of fire ordinances and the conditions of his entertainment permit. III. RECOg/E_ NDATIONS It Is therefore recommended that the Planning Commission take action to impose the following conditions on licensee's entertainment permit: _ �_ r.;' ��ta "'�k2•y'"',�,L"',.�yaicy"�.k f°„�:_ "'r._'_ -ri _ .,yi .... --. �r; �. �r' u�`�.i:.-- �� °..�.d.?:,-a;V?{�-..:yy, Harry C's Restaurants Entertafnmant June 16 , 1988 Permit Page 3 � P 1, A minimum of two uniformed -tdul licensed and re tart em loved Security tram sunset until Wt Te iecarter the cessdtion,of any entertafrreeoLmisAC re least one of said guards+ to t. be and remain on duty in the parking and outs de adJacent areas of the facility. , 2. The hours and scope of entertainment permitted be restricted to reduce the number of patrons who lofter after hours in parking and outside areas of the facility. „ 3. Such further conditions as the fire and police specifically request to eliminate, minimize or, mitigate the public safety problems associated with the providing of entertainment by the licensee. 4. It is further recommended that the Planning Commission not grant additional grace time or delay the licensee for the purposes of code compliance with fire regulations and other public safety requirements, and that the continued failure to maintain the minimum public safety requirements of the licensee's entertainment permit result In the permanent revocation thereof. CAB /dja Enclosed 9 no f CITY OF RANCHO CUCAMONGA ; MEMORANDUM C: DATE: July 6, 1988 FROM: R. Peppier, Lieutenant` 1 x^ Rancho Cucamonga Sheriff's Station-+' TO: Planning Commission City of Rancho Cucamonga SUBJECT: HARRY C'S On June 7, 1988, Harry Chan of Harry C's, located at 10877 Foothill Blvd Rancho Cucamonga, appeared before the Public Safety Commission to answer questlons and respond to reports presented by the Fire District, Planning Department and Sheriff's Department Since that meeting Mr Chan has met with Lieutenant Zeiner and I on two separate occasions The first meeting was an Inquiry as to what he could do to asilst the Sheriff's Department In keeping down the number of disturbances at his business A suggestion was ¢ade to have uniformed security guards In the parking lot Mr Chan adopted that suggestion, and since the meeting of June 7, 1988, three calls for service have been logged at Harry C's These calls consisted of one fight, a medical aid situation and a disturbance Durl:.g the second meeting with M: Chan, a review of the past month's actl%ity was discussed Emphasis was placed on keeping the uniformed security guards on duty at Harry C's because It appeared that this has helped reduce the number of lncldents at Harry C's and the number of calls for service. %If Chan appeared receptive to keeping the uniformed security In place and to continue meeting with Lieutenant Zelner and I Iro r r,� r PROTECTION DISTRICT P 0. BOX 35. 6623 AMETHYST ST -RANCHO CUCAMONGA 91701 1714: 947.2533 July 8, 1988 City of Rancho Cucamonga Planning Commission P.O. Box 807 Rancho Cucamonga, CA 91730 RE: Harry C's Lounge Gentlemen: Following is a synopsis of code enforcement activities since June 7, 1988s 6 -22 -88 Manager's meeting conducted at Harry Chan's request (notes attached) 6 -29 Luncheon inspection (complaint attached) 6 -30 Afternoun inspection (complaint attached) 7 -1 Evening inspection No violations 7 -1 Phone call from Harry C (File notes attached) 7 -1 weekend day inspection No violations 7 -5 Received request from Mr. Chan for "Location Permit" _ It should be noted that the inspections were not conducted at times when overcrowding is moat likely, (July 4th holiday); however, inspections will be accomplished at "peak demand" prior to the Planning Commission's July 13th meeting. The results of these inspections will bo available during the meeting. (VA .. L� Planning commission:," , "O' `July 8. Page TWO RECOMltENDATI0N9 Although Mr. Chen appears to be making, an effort to comply with our minimum life safety requirements, ,hie managers have had _ difficulty in carrying out his direction as witnessed by, the 6 -29 and 6 -30 inspection (two different managers)., I am reluctant to give an "all's well" on Harry,Vs. I would like Harry C's to be .'en3oyable'for Rancho Cucamongans and profitablo for Harry and his emplcyeesi but not at the expenea of basic life safety.- In order to determine if'Mr. Chan's' newly exhibited commitment is a lasting one or merely a ruse to placate the concerns of several agencies,, a longer evaluation period is necessary without increasing the risk to his customers. Therefore, I would recommend granting no hdditional license to conduct any activities which may increase the demand on the manager's attention to basic life safety responsibilities. I further recommend a re- evaluation of Mr.. Chow s commitment to the safety of his customers. The license "freeze" should last a minimum of 120 days with reconsideration of license occurring at the end of the 120 day period. rely, 'Ralp E. Crane Acting Fire Marrhal REC /rb attachments &3 x v HARRY C'S MANAGXr-R'S MEETSNG 6 -22 -88 THOSE PRESE^Tt RALPH CRANE AND JUSAN W'LLFE, FOOTHILL FIRM DISTRICT HARRY MAN, NANNY FLARES W WILLY HON, MANAGERS ROBERT, HEAD D.J. AND EMILY, QYBER D.J. 1. A DRIPX TABLE IS OK REM3 THE RGSTESS STATION IN THE LOBBY. r,. 2. LT IS HOT OK TO BLOC), EXIT DOORS WITH DRINK TABLES. :a 3. HARRY SUGGESTED A FIRE ALARM TEST DURING THE HOURS THE PUBLIC IS PRESENT. J4 WE SUGGESTED HE CONTACT HIS ATTORNEY FOR LIABILITY ADVICE BEFORE DO= THIS. i 4. HARRY CAUTIONED STAFF TO FOLLOW THE SEATD;C PLAN ON THE WALL AT NIGUTS. HE ALSO TOLD THE STAFF TO BE MINDFUL OF THE PLACEMENT OF TABLES AND CHAIRS IN EXIT PATHS 5. ANYTIME A FIRE ALARM :.OE9 OFF, IT IS THE RESPONSIBILITY OF TEE D.Z. TO ACTIVATE THE EVACUATION ANNOUNCEron SYSTEM. 6 MANAGERS WILL BE CITED FOR BLOCKE') EXITS AND OVERCROWDING. 7 OCCUPANT LOAD WITH MORE THAN 75 SE:.TS . 209 NOT MORE THAN 75 SPATS - 364 HARIM K CAPACITY NO FURNITURE - 439 8 AT 8,30 PH ALL OCCUPANT LOAD COUNTS ARE FROZEN TO ESTABLISH NUMBERS OF PERSONS PRESENT 9 HARRY SUGGESTED TO HAVE THE CASHIER FIGURE AND RECORD THE OCCUPANT LOAD EVERY 30 MINUTES. 10 HARRY PIRECTED STAFY TO ALLOW A CCUNT OF 10 PEOPLE FOR STAFF AND MIS - COUNTING, HE WANTS STALE TO STOP THE COUNT AT 340 TO ALLOW A MARGIN OF SAFETY. 11. THE HIGHEST RANKING MANAGER OR OWNER PRESENT WILL BE THE ONE CITED IF WE FIND THE FIRE EATS BLOCKED OR THE MAXIM CAPACITY EXCEEDED. 12 NO ATTACHMENTS ARE ALLOWED ON THE FIRE SPRINKLER HEADS. EXIT SIGNS OR FIRE EXTINGUISHERS THE DECORATING COMMITTEE WAS ADVISED. I�n FoolxHxLL FSRE D=STRSCT COMPLA2NT DATE OF COMPLAINT: JUNE 30, 1988 VIOLATION: UNIFORM FIRE CODE, 1985 EDITION, SECTION 3.101 "UNLAWFUL CONTINUANCE OF FIRE HA2IRD" LOCATION OF VIOLATIONt HARRY C'S RESTAURANT, 10877 FOOTHILL BOULEVARD, R.C. PERSON CITED: HILLY NMN HON 896 HAWTHORNE POMONA, CA CALIFORNIA DRIVER'S LICENSE 0 NOT AVAILABLE NO LICENSE IN POSSESSION ORIENTAL MALE ADULT, BLACK/BROWN, 5'5 ", 130 LES VICTIM: PEOPLE OF THE STATE OF CALIFORNIA WITNESS: SUSAN D WOLFE FOOTHILL FIRE PROTECTION DISTRICT 6623 AMETHYST STREET RANCHO CUCAMOWBA, CA 91701 COMPLAINT: ON JUN-- 29, 1988, AT APPROXIMATELY 1:15 PH, TEE UNDERSIGNED, ACCgBAINFD By FIRE PREVENTION SPECIALIST KIN AGUAYO, OBSERVED A DRINK TABLE BLOCKING THE EXIT DOORS AT THE LOBBY HOSTESS STATION IN HARRY C'S RESTAURANT. WE ALSO OBSERVED A ROW OF DINING TABLES PLAC:OJ Up TO THE EDGE OF THE DOUBLE EaT DOORS IN THE SOUTH WALL OF THE DISCO /BAR AREA. A PERSON WAS SITTING AT THE END OF THIS ROW OF TABLE.",. HIS CHAIR WAS PROTRUDING WELL ACROSS THE EXIT DOOR OPENING. HE APPEARED TO BE THE GUEST OF HONOR AT A PRIVATE PARTY HIS CHAIR WAS PULLED BACK TO THE CENTER OF THE EXIT DOOR DOOR AREA BY THE EfTEP,TAIhiR, DURING OUR OBSERVATION. THE RESTAURANT WAS OPEN FOR BUSINESS. BOTH THE ABOVENOTED EXITS ARE REQUIRED FIRE EXITS FROM THE DISCO /RAH AREA DUE TO THE LARGE OCCUPANT LOAD. A CITATION WAS NOT ISSUED. THE MANAGER, NANNY FLARES, WAS DIRECTED TO IMMEDIATELY REMOVE THE TABLE BY THE HOSTESS STATION WHILE THIS WAS BEING DONE, THE PARTY BROKE UP IN THE DISCO /BAR AREA. ALL THE PEOPLE LEFT AND MANAGEMENT WAS DIRECTED TO GET THE TABLES AND CHAIRS OUT OF THE WAY OF THE EXIT DOOP, WHICH THEY DID. AN INSPECTION OF ALL THE OTHER REQUIRED FIRE EXITS WAS CONDUCTED. NO OTHER RFR'JIRED FIRE EXITS WERE OBSERVED TO BE BIOCXPD. 106- ■ -z- ON JUNE 30, 1988, AT APPROXIMATELY 3,30 PM, THE UNDERSIGNED MET WITH DEPUTY DISTRICT ATTORNEY ROBERT GUSXINO FOR LEGAL ADVICE ON ISSUING A CITATION FOR TOE BLOCKED FIRE EXITS OBSERVED THE PREVIOUS DAY. AT APPROXIMATELY 4tO0 PH, I ENTERED HAM C'S RESTAURANT WITH THE INTENT TO ISSUE ER A CITATION FOR THE BLACKED M= OBSVED YESTERDAY. IMMEDIATELY UPON ENTERING HARRY C'C. I OBSERVED A DRINK TABLE AGAIN BLOCKING THE FIRE EXIT DOORS AT THE LOBBY HOSTESS STATION. ALL THE OTHER REQUIRED FIRE EXITS WERE INSPECTED. NONE WERE OBSERVED TO BE BLOCKED. THE MANAGER. WILLY HON, WAS ON DUTY, ALONG WITH A NEW MANAGER TRAINEE BY THE NAME OF FRAM. I VERIFIED MN. RON WAS IN CHARGE AND ASKED HIM TO PRODUCE HIS IDENTIFICATION. HE WAS INFORMED A CITATION WOULD BE ISSUED FOR THE BLOCKED FIRE EXIT TODAY. HE WAS ADVISED OF THE TWO BLOCKED FIRE EXITS FROM YESTERDAY AND TOLD THEY WERE ALSO CITABLE, BUT WOULD NOT BE INCLUDED ON THE CITATION ISSUED TODAY. HE HAD THE TABLE REMOVED FROM THE FIRE EXIT. I ASKED FOR MR. HON'S DRIVER'S LICENSE AND HE EXCUSED HIMSELF TO GC TO THE OFFFICE, TAKING FRANK WITH HIM. I WAITED APPROXIMATELY 30 MINUTES FOR THEN TO RETURN. WHO THEY DIDN'T. I WENT TO THE OFFICE AND KNOCKED ON THE DOOR, REQUESTING THAT THEY COME OUT IMMEDIATELY. Mt. HON SAID HE WAS TRYING TO CALL HARRY (CHAN. THE OWNER) BUT COULDN'T BEACH HIM, I AGAIN ASKED FOR MR. HON'S IDENTIFICATION. HE WALKED OUT OF THE BUILDING TO HIS CAR. I FOLLOWED HIM. HE SAID, "I HAVEN'T DONE ANYTHING WRONG. YOU DON'T HAVE TO FOLLOW ME." I OFFERED TO WRITE THE CITATION AT HIS CAR, IF THAT WOULD BE MORE COMFORTABLE FOR HIM, RATHER IN FRONT OF HIS EMPLOYEES IN THE BUILDING. HE DECLINED. MR. BON BROGGHT BACK A SMALL BLACK HANDBAG INTO THE BUILDING. HE WENT THROUGH IT AND ALSO HIS BRIEFCASE, LOOKING FOR LICENSE, PRESUMABLY. WITHOUT SUCCESS. MR. HON EXCUSED HIMSELF AGAIN TO GO TO THE OFFICE, SAYING ILL MUST HAVE LEFT HIS I.D. THERE. I FOLLOWED HIM TO THE OFFICE WHERE HE TRIED TO SRUT TO DOOR IN MY FACE. I BLOCKED THE DOOR AND ADVISED MR. HON I WOULD CALL THE SHERIYF IF HE SHUT THE DOOR. HE LET HE ENTER. IN THE OFFICE, HE SAID HE WANTED TO TRY TO CALL HARRY ACAIN I TOLD HIE' IT WASN'T NECESSARY AND WE WOULD PROCEED WITH THE CITAT.'I,V: WITHOUT THE '.ENEFIT OF HIS DRIVER'S LICENSE. HE BEGAN OPERATING THE COMBINATION T,` THE SAFE, TELLING ME I HAD TO STEP OUTSIDE FOR A FEW MOMENTS I ASKED MR. HON NOT TO BOTM:E WITH THE SAFE AND TOLD HIM I WOULD NOT BE LEAVING THE OFFICE HE PERSISTED IN OPENING THE SAFE ANYWAY FOR WHATEVER REASON. MORE THAT ONCE HE TOLD ME I WOULD HAVE 10 LEAVE THE OFFICE. MR. HON ABRUPTLY LEFT THE OFFICE. SAYING HE WAS GOING TO CHECK HIS BRIEFCASE ONE HONE TIME. I WAITED APPROXIMATELY TWO OR THREE MINUTES FOR HIM M RETURN. WHEN HE DIDN'T COME BACK, I WENT LOOK'.NG FOR HIT( AGAIN. THIS TIME I FOUND MI. HON WORKING WITH SOME EMPLOYEES IN BALANCING THEIR CASH SREETS. HE KEPT HE WAITING APPROXIMATELY FIVE MINUTES WHILE HE WAS WITH THE EMPLOYEES G- 4' -3- WHEN MR. RON FINISHED WITH THE-EMPLOYEES, HE SAID HE WANTED TO CALL BARRY AGAIN. I REFUSED TO LET HIM AND ORDERED HIM TO IMMEDIATELY - COOPERATE BY PROVIDING WHAT INFORMATION HE COULD 'TO COMPLETE THE CITATION. HE WAS NOT ABLE TO TELL.ME HIS ' DRIVER'S LICENSE NUMBER. 'WHEN ASKED IF HE BAD A LICENSE, HE SAID, "I DRIVE ALL 'THE TIME." - WHEN I ASKED MR. RON TO SIGN. THE CITATION. HE REFUSED AND PUSHED THE CITATION BOOL AWAY. HE WANTED _ TO CALL, BARRY AGAIN. I TOLD HIM.IY HE DID NOT SIGN HE WOULD GO TO JAIL TODAY. NE AGAIN REFUSED AND I SAID Z WOULD Nov CALL THE SHERIFF AND HAVE ®T TAKEN TO JAIL. - I SHOWED MR. BON. AGAIN, ;.'HERE w PIGN THE CITATION AND POINTED OUT MORE THAN ONCE THAT HIS SIGNATURE WAS A PROMISE TO.APPEAR, NOT AN ADMISSION OF GUILT. I EKPLAINFD THE SIMILARITY OF, THIS CITATION 'DOA TRAFFIC TICKET. MR. RON SAID "I DDN'T KNOW WHAT TO tOl" AND PUSHED THE CITATION BOOK AWAY, ONCE MORE. HE AGAIN SAID HE WANTED TO CALL BARRY. I ADVISED MR. RON THAT I WOULD NOT ALLOW ANYMORE TIME ON THIS AND I- WAS NOW GOING 70 SUMMON THE SHERIFF TO TAKE HIM TO JAIL FOR FAILURE TO SIGN THE CITATION. AFTER A TOAL OF 35 MINUTES OF DELAYS AND EVASION, MR NON SIGNED THE CITATION. WHEN I TEAtM HIM FOR HIS COOPERATION, HE ACDT.iP.D. "I ROPE YOU MAKE ITI ". BE WAS WEEPING W3EN I LEFT TEE PREMISES SUMMARYe A COPY OF THE MINUTES FROM THE MANAGER'S MEETING OF 6 -22 -88 IS ATTACHED. NOTE ITEMS B 6 AND 11 WHEREIN WE ADVISED HARRY C'S STAFF THAT MANAGERS WOULD BE CITED FOR BLO= EXITS. tot. ECK WAS PRESENF AT THAT MEETING. IT IS INCONCEIVABLE THAT HE WAS NOT AWARE HE WAS IN VIOLATION OF THE LAW BY BLACKING THE REQUIRED FIRE ECIT WITH FURNITURE. Ilv1 . ,G -* I •'Y^�q rW la YNlpy�'3r11I 000055 U0104V "w NI SNINON P p pYrYUrq PNWIMU p FqY rqA YNW All W,IIIY✓. 515MON 5 Y C101uOd N ISMA OI 5I1 MSI milw ONINtl UWM YM i N l._ AllNi3tlY0 OY3tl —1NY1 — - FOOTHILL FIRE PROTECTION DISTRICT - +�. D, O.Omt -25 5,,- oCuumon05r CA 01701 ;= (714) 087-2535,,- I r T':r ll?••6• COUNTY OF SAN BERNARDINO NOTICE TO APPEAR N� 1 012 Ci{5rton No. EXECUTED ON THE 01I0A {AJuVj yq A CLERK OF TN {MUNICIFA Oq AJSTiC COUAT OF AJOICUIL OISTM= LOCATED AT CALIiOgNIA, ON TN {i�. � OAY O• ORIGINAL TO COURT rgev]O 0Y TN[.�DKIAL COUNCIL OF GLIFORNIA, A {y 11 10651 C 53] 5 FRZ-1 r 12•15150-000 10 'tZn ��1Ki'�w •� - CALIF011NIA. Y,- 1�• /ntr , y, AT&WA4 I\ I l\ S55 n{VERS5 SIDS I •~ w - ...y, �..a Y"°' y�tN.:_ 1, 9-"^ r 'tSe'v^— .,Gtt4':?�.:T',•= �f?'a' - �tg.. .. �._ •rr. REC /rb !,log _ :TOTE TO PILE • " .�•. - .• Selepbono G71 frw Barry Chan , July 1, 1988,`0807 hours,r TF4 Harry Chan began- the ?conversation by asking me, to "help 4n� out with citation'. I asked what--he meant and she said ee _Harry that his managers are "freaking out" because -we are picking on them. I .. n •�` - )ffered Hr. Chan that we were picking on no one;,'thet ' in fact, we were protecting his customers by enforcing minimum life safety requirements. Harry explained that his managers }3 got so involved running the operations that they forget the "small stuff". He again asked that I "help" him with Susan (Wolfe) _ „= and the "ticket". I told Harry that the citation appeared t, warranted, was served at my direction and would be carried through. -i I also advised Harry of assistance I could offer, Sol ;T furniture configurations, ideas for securing furniture at its ' required location, more manager training. ,`•. When Harry expressed concern about the effect of the citation on the upcoming Planning Commission meeting, I reminded him that , he appeared to me to have a problem with his managers that should be addressed immediately and that I would, if asked, testify to whatever cooperation or lack thereof that was maintained during the 30 -day evaulation period. Susan Wolfe was present for the latter part of this conversation with Hr. Chan. REC /rb !,log t z i� �s. Ji CITY OF RANCHO CUCAATONGA MEMORANDUM DATE: July 6, 1988 1�, TO: Otto Kroutil, Deputy City Planner FROM: Nancy Fong, Associate Planner SUDJEti: INSPECTION OF LANOSCAPT1Kl MATERIALS FOR HARRY C'S RESTAURANT On June 23, 1988, the owivr of the restaurant, Harry Chan, submitted a Landscape Plan that shows his proposal to correct the landscaping problem. They are As follows: 1. Replaced all dead trees. 2. Planted as additional 94 Acapanthus. 3. Mixed dirt witn 50 sacks of planter mix. 4. Replanted over 100 flats of Ivy groundcover in April and an additional 80 flats presently. S. Re- adjusted all sprinkler heads so they water properly. 6. Maintenence company will work two (2) days a week instead of one (1) day to make sure that all the groundcover will grew properly. Staff conducted a routine inspection of the We on Tuesday, July 6, 1988 and made the following observations: 1. He% trees have bean planted to re- lace the dead ones along Foothill 8oulevird. The greandcover for the entire site has been improved tremendously with the addition of flats of lvy groundcover. 3. Staff has spot- checkee some of the irrigation, system and found it to be waling properly. 4. The added Acepanthus ere growing well and improved overall the em:ire landscaping material. 1 17o fV/ a KENO TO:.- Crr o KROIML " {+ RE: LANDSCAPE FOR HARRY-C'S duly 6, 1988 Page 2 At this Inspection meeting, staff also suggested the following to Mr. Harry Chan: 1. New trees planted along the west property boundary should be dovtiled staked per City standard. 2 A number of trees have lost'their tree ties. New trees- ties should be installed. - 3. Add four-(4) 5- gallon size Fern to the area in front of the emergency exit next to the east of She building. 4. Add more flats of _ivy groundcover to provide a coverage of soil, especially at the top of the slope along the east and west side of the building. S. Staff suggested that to prevent people frow walking through the planter area, that handralling should be provided along that planter retaining wall. NF:ko I i v a •st rM mo+o.t ♦ urtuwKUwr 1414 UNIVERSITY AVENUE RIVERSIDE, CA 92507 (714) 686.221k June 23, 1988 City of Rancho Cucamonga Plsating Ibpsrtmatt 9320 emalire Road Rancho Cucamonga, CA 91730 Dear Sir, The entertainment pewit that Harry We is applying for would pertain to many fine promotions. Became Harry C's is a reataurant /large operation we recogdze our value to the ==Adty and realize that our bar promotions must compliment the food segment of the business as fine dining. Eeesae of the vide variety of our promotions and the fact that map of Om are tied is with h.cxal or national sponsors and change from week to week, It is hard to designate a set atbcdLle for diem. MWrefore we request in eetartai went permit to allow our Rancho Cnramongn store to bring in may fine promotions in our lounge. Sirx /der /eJly, President ME /vr SUNDAY CHAMPAGNE CRUNCH IN BANQUET FACILITIESAVAIlABLE Z ''0^ vJ V z .z z . Q J a I— z W n. 0 J W W Z 0 LL 0 f— z W F.. Ir Q a W 0 City of Rancho Cucamonga PART Uniform Application GENERAL INFORMATION REQUIRED NAPE OP PROP09E0 P90JEOT RELATED CILE9 I me LOGTION OF 1 t p0ORE9A �bB APPLICANTS NAME TELFPNONE • AI ADDRESS 1 OwNCfi9 NAME TELEPNONE o_o ADORE59 ddlc r,& REVIEW REQUESTED 4 ❑ CONDITIONAL USE PERMIT• ❑ CONDITIONAL USE PERMIT — NON CONSTRUCTION' • DEVELOPMENT DISTRICT AMENDMENT (ZONE CHANGE) • GENERAL PLAN AMENDMENT • MINOR DEVELOPMENT REVIEW ❑ MINOR EXCEPTION ❑ PRELIMINARY REVIEW VENTERTAINMENT PERMIT ❑ a PROJECT Fvn\vIYnY YCJNry nCY1cW — COMMERCIAL OR INDUSTRIAL• ❑ TECH NICAUDESIGN REVIEW — RESIDENTIAL ❑ TOTAL DEVELOPMENT ❑ BASIC STANDARDS ❑ OPTIONAL STANDARDS • CUSTOM LOT /SUBDIVISION • DESIGN REVIEW (REAPPLICATION) • VARIANCE ❑ CI ❑ 1P<5}w.A,FC4"A- vj;m -CL•II 'RaQ DLS a +L L..1 c• .y ,����,.1T. CLU± Dx. ft�v •_P s.. cl...,., 1 .I r_..• L ., te..;d a - -T [. Z'�f� OWNER CERTIFICATION I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER FOR THE ABOVE DESCRIBED PROPERTY. FURTHER. I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. AGENT OF OWNER MUST ATTACH A LETTER OF AUTHORIZATION FROM THE LEGAL OWNER. DATE (- X188 SIGNATURE: e�Qa....� 1 / PRINT NAME &TITLE IlArt.i efMWJ prs :_ .4m City of Rancho Q ' Cucamonga PART 11 UNIFORM APPLICATION NON-RESIDENTIAL PROJECT SUMMARY DEVELOPMENT TABLE Project Name : //AYty C'J Reference File No_ Location /0977 X. reofi/i e. 3Iwu General Plan R4q C(r0 Caunr o. ,,,��c:.,✓.a Bq,s,� (Staff Use Only) Development District: get TSnl QLAa:ra 3 PROJECT AREA Gross (Intl. area to centerline of abutting streets): acres: 2 • ZS Net (exclusive of dedication for major external and secondary streets): acres t • z$' AREA DiMIOUTION (saaatl an NMAiW.r x -: AM Building Coverage /t000 SCt 79,11C Landscape Coverage .,y/. ,SC VehlcLlar Area jincl. parkingh• 414, -,.F G S. f. FLOOR AREA DISTRIDUMN SY PRWQ9* Area of Building Pad No. of Stories Gross Floor Area(sq. ft.) Proposed Use /x000 so *r 00 Ja Or 3170 ':l PARKING Type of Use Paiking Ratio #of Spaces Required 0 of Spaces Provide c»+. / /,..,rJ :/; ra 4000 >)L. r r /rr 7g. <..a/rK Total No. of Parking Spaces Required: /6 f Total No. of Parking Spaces Provided: /i9 No. of Compact Spaces Y. of Compact Space to Total Space Fr r 1 0 " • g s` �./ i4t1� !lit IN 3 V 1 I !�i n �•{ .. !�3 jli; till 7 a $ ji= c Ile 8 '! aslljl;!!�• \ 8 i1i E �'• � = �� a 8s 0 9 t'7S /` i r l' z s • It iii� L al` 11� r •I • r 1rw0u Y• � ^c - M; I 0 41t, U rL 6 oP _ — a.'�� U V-0 I. � �i• 1 tL Ih •L� OOP •1. 1 ,, ��G �;�5 't - „ _ � , CITY OF RANCHO CUCAMONGA `' r ME1410RANDUM DATE: June 2, 1388 TO: Public Safety coimission FROM: Hark R. Lorimer. Senior Administrative Assistant SUBJECT: Report on Harry C's Probta At the June 7th netting, the Public Salaty ConisSion will review the many problems and disturbances which have occurred at Harry C's Restaurant within the Past six months. The following provides information regarding these city, law enforcement, and fire safety problems and violations which have been reported at Harry C's Restaurant. Supporting docwtnts from the City. Sheriff's station, and the Foothill Fire Protection District are attached for your refercnce„ Should you have any questions or comments regarding this information, please feet free to contact the City Managers office. Reported Prohlemt • Disturbances /trtoaicated persons (15 occurrences). • Thefts in parking lot (5 occurrences). • Narcctic arrests (S occurrences) • Traffic collisions (1 occurrence). • Scabbing (1 occurrence). a Shooting 1 occurrence). • Felonious assault (1 occurrence). ' Blocked fire exit violation (numerous occurrences). • Excessive occupant (numerous occurrences). • Excessive vehicles in parking arras (numerous occurrences). ' Unreported fires • Delinquent admission tax payment (2 months) ' Lack of maintenance of landf.caPing within parking areas and around building perimeter NFL:hk 88 -334 il CITY OF ahCNO CUCAMONGA Mr. Harry than 1414 University Riverside, Califoniia 92507 Deer Mr. Chan: .;= t Poo o®u er m. Anw c�,.a,„, C.u.,.,,,no. mo.,.un MAY 71. 1986 to recent noCOnce the City Council and Public Safety Coafssfon cabers have becone wry concerned with the Problems which have been occurring at your restaurant in Rancho Cucamonga. We request your attendance at the next meeting of the Public Safety Comeission at 7:00 p.m. on Tuesday, June 7, at Lion's Park Comeunfty Center, 9161 Base Line Road, Rancho Cuc&wnga. At that meeting, the Caolsslon will be reviewing the byth City of the to Use Permit and Cabaret License which wero approved by the City prior to the ofsening of your restaurant. Staff sports will be presented on the following: s 2)) Business License Dept ar Rspc�t oe Odtnquant Admissions Taxes Violations 3) Foothill Fire ProtectlOn District - RePort On Recent Firs Code 4) Planning Division - Review of CondiLlC4ja1 Use Pareit Conditions Mr. Chan, the City iz very eoneernad about; the serious problems which have been occurring nd a will CUCANOnga restaurant, we rill ba revtexiny the problemss, and re rill be forvarding a reco�endatfon to the City Council or further review. Stneer , Lauren M. Yassrrean City Manager LAi:hk cc: City Council Public Safety Coaission Sheriff's Onparteent Brad Buller, City Planner ' Q Betty King, gnsiness License Supervisor Chief Dennis Michael, Foothill Fire Protection District G 1� o.Nw L smu. r W s � G. yr � :+unoM WUxmun +Y i i 3 i INTEROFFICE MEMO DATE May 12, 1988 PHONE FROM Bruce 7,elner, Lieutenant Rancho Cucamonga Sheriff's Station , 0i TO Public Safety Caulsslon ca.vxa�b.r,m.o City of Rancho Cucamonga SUBJECT HARRY C'S LOUNGE - CALLS FOR SERVICE 4 A critique has been completed on Harry C's Lounge located at 10a77 Foothill Blvd., Rancho Cucamongn. The survey period is from December 19, 1987, to May 7, 1988. The breakdown of the types of calla for service at Harry C's Lounge during that period Is as follows, D Isturi»nces /Intoxicated persons (1e)- 8 complaints filed with District Battery en persons (1) Attorney - case pending Thefts in perking lot (Z) Traffic co111s,lons (2) Stabbings (1) - conplaint filed with District Attorney - case vendinor Shootings (1) - comoalint filed witn nistrict kttorne - casa pending Varcotic arrests (8) -. 4 complaints filed with District Attorney - case pendin Felonious assault (1) - cart faint filed with District Attorney - case pending A recap of the calls shows a total Of 31 formal calla for service from the CAD computer. The majority being disturbances, fights, and Intoxicated !objects. Other Incidents Include vehicle accidents, thefts from vehicles In the parking lot, narcotics possession, one moderate Injury stabbing and one major injury shooting. (These numbers represent the formal calla for service only.) A high profile enforcement Progiam was Initiated due to the size of the evening lounge crowd and the types of associated activities The activities Include consumption of alcoholic beverages In the parking lot, the Young crowd consuming alcohol within the lounge area and the arrest of subjects In and around the lounge area for possession and possession for sale of narcotic substances Additional follow -up enforcement followed Involving plain clothes detective!, State Department cf Alcohol Beverage Control and Foothll, Fire District for fire code violations. The exact number Of man hours spent to police the establishment in recent months 1s unknown. There has r i81 � Z ■ CrYOFRANCNdCUCAMONGA May 20, 1918' Harry Chan 1414 University Riverside, CA 92507 M Orin e-r -'-a*c --- craw nra mu.M1s„ SUBJECT: HARRY C'S RESTAURANT, RANCip CUCANpiGA War Mr. Chan: Periodically, the City of Rancho Cucaaongs reviews wslMSs establishments to ensure eeeplianco with City rymistfons. Specifically those n he Devel for land use and property maintenance as contained within CM OereloPMnt Code, and the conditions of approval of applicable permits os ite. Curing a recent inspection of the Harry C's Aestaurat, possible nen- comialiaap fteus wen noted. The City would take this opportunity to bring your attention to these anticipate your Positive action to resolve this situa matter, and tion. appeared laciciappproprl,4asulntaea�ilee' fi rrf itlong �rifrLer read son routine inspection to provide consistent operation. Dam kY plant materials should be v* laced quickly upon observation, Damaged general, more Attention should be given to sustaining Plant life to a healthy, thriving condition. The EntortairrAft tir errieft jp.01 by restaurant is regulated by Planning Commission, only the p(e�tert�a of & live disep keyd h�= been permitted. ►revfoue inspections of lfw antertainment activity hart found compliance With eanditlMS of approval, including the Presence of security persennal. It is importent W note, hoewvcr, that any alteration or espensfon ur , requires t provided at the restaurant, even of a CMporary nature, requires the approval of the therein. Cotertal n. An application for such a uodiflcation to your Enttrteinsmnt An application sty be obtained from the plannine nfw..,.. 10O a2 O.nnu 5wu1 D*MhN 8n fib' CRU4,1 s"U„U e I. pu Cw M" r.m.r ■ It P s. CITY OF RANCHO CUCAMONGA MEMORANDUM SP DATE: Juni 1, 1988 TO: Lauren Wasserman city - Manager FROM: Y87.0"t Hart inlatrative Services Director BY: y Kin g Business License Supervisor SUBJECT: Admissions Tex - Harry cis Admissions tax from Harry 1988. Cis Is delinquent for the months of March and April Their payment of the admissions tax has been consistently into. Prior to January 1988, additional late penalties and Interest ware waived, and each month I made phone calls to remind them that payment was due. Effective January 1988, they were advised that the additional penalty and Interest would be due and that I would na longer call. Below Is a record of their payments, beginning uhen they opened for business In July of 1987. MONTH DATE DUE DATE PAID July - 1987 August 21, 1987 September 2, 1987 August - 1987 September 11, 1987 October 27, 1987 September - 1987 October 11, 1987 October 27, 1987 October - 1987 November 11, 1987 December 18, 1S87 November - 1987 December 11, 1987 December 18, 1987 Oecember - 1987 January 11, 1988 January 19, 1988 January - 1988 February 11, 1988 March 16, 1988 February - 1988 March 11, 1988 March 16, 1988 March - 1988 April 11, 1988 unpaid April - 1988 May 11, 1988 unpaid May - 1988 June 11, 1988 %3 f /..._" i P' " �5 M. 1 1 7 Foot ill Fire ire PRCTECTI'Oi`_ DISTRICT f. ► O lox 25. 6622,a1/RTHYST 5T -RANCHO CUCAMONGA 91101 F vial oas.2s25 TO: 'Lauren M. Wasserman, City Manager AA PROMS Lloyd B. Almand, Division Chief /Piro Marshal SUBJECTS Ea:ry C'e Restaurant (((((������'�' DATES June 2, 1588 At the inception of this establishment we had nothing but high hopes, as our - ormunity needed A restaurant of this type. That was our thought then. Since the inception, we actually have had nothing but one problem after another. I have A ached copies of correspondenc* a:S1 notes that indicato our attempts to work with Mr. Chan to rectify problems, ouch as overcrowding, blocked exits, furniture in exit ways, not reporting fires and no . emergency evacuation during actual emer;encies and fire alarms. We believe we have gone the limit in our attempts to get Mr. Chan to see the need for public safety and to move ahead to meet that need. Mother's Day, 1968 was the final straw, when many of the violations listed above were again noted, plus others, and a citation was then issued. Although we realize that a citation could have been issued earlier for overcrowding and that we legally could have closed the night club portion down for failure to comply with a lawful order, we chose to work with Mr. Chan and his management team to alleviate the problems, or at least that was our intent and desire. It has become very apparent that Mr. Chan chooses to do things contrary to, and in violation of exiting codes and regulations. This condition and attitude cannot, and will not, be tolerated by the fire district any longer. we encourage and support strong measures to mitigate any future problems in an effort to protect our citizens. Foothi1ll Fnre P�'ECTIO ' DISTRICT P- 0. AOX 3], 6623 A WHYST ST, • RANCHO CUCAMONGA 91701 piq 917.2533 ' May I$, 1988 W. Harry Chan, Owner Harry C's Restaurant 10977 Foothill Boulevard Rancho Cucamonga, CA 91730 ' .Y Dear Mr. Chan: 543� This letter Is to serve as a stray recommendation to securely chain open the sprinkler control valve on the riser. On March 11, 1988, the sprinkler riser was unchained to allow shut dorm for repair of a broken gauge. This repair was necessary due to an act of vandalism upon the sprinkler gauge. On March 12, 1988, 1 again asked Mike to have the sprinkler riser rechained In the open Posltlon. As of May 8, 1988, this has not been dons. The chain and lock are still hanging from the control valve. Ow to the fact there has already been one documented ass of sabotage to this fire protection system, it Is extremely Important it have the extra Protection of the padlock and chain, in addition to the monitoring alarm. Your prompt response is appreclated. A rainspectdon Is scheduled for May 23, 1908 at 9:00 a.m. Slncar y, C4.)o , Susan 0. Wolf. Fire Prevention Inspector SDW /ss in ,Y i r M� RE arry crs R 0 5 -1e -88 Durin A -�� rooccu a night inspection, I rring violations observed the following 'P 1. A -table been between thed lobby and C °d in the doorway table is usefl fez dance area. (This drinks when a patrons to place use the bat xitinq the dance their htoome.) floor to 2. Of chairs (north)' placed in the exit aisle a II immediately contacted the manager, had the ohs contacted removed. Mike Miller When I entered the dont•e area I who It read 270 (there were over ' asked to sea the and street). The dance 300 cars in the counter . moving through the ctord 'was was extremely arking area difficult, to Bay cCOe ad and Y the least.- i 'W -M C7 _7i q 4' FOOTHILL FIRE DISTRICT ` COMPLAINT DATE OF COMPLAINT: may a, 1938 VIOLATIONS Unifrrm Firs Coda, 1965 Edition, Section 3.1011 "Unlawful Continuants of Fire Hazard" VIOLATORS Michael Victor hiller 25509 Plncscraek Lana Wilmington, CA 90744 ` +- CA DDL e: N5051359 DOBS 11 -26-5E WMA, Brown /Braun, 5'11 ", 165 lbs. VICTIMS People of the State of California WITNESSES: Vera A. Arthur Foothill Firs District 6623 Amethyst Street Runchc Cucamonga, C1 91701 Ralph E. Crane Foothill Firs District 6623 Amethyst Street t 91701 Rancho Cucamonga. COMPLAINT: On Sunday, May B. 1908, the undersigned observed a white tent which was totally covering the south exit from Harry C's Restaurant, 10677 Foothill Boulevard, Rancho Cucamonga. The restaurant was open for business and the obstructed exit has been designated ae a require) exit from the disco /dance area because of the large occupant load. At approximately 1130 P.m.. accompanie nd by my supervisor, Ralph Crone, I conducted an Inspected einat the aboveoted place of business. South Exit: 1. The double exterior exit dears and patio 'roe ware completely enclosed bya canvas tent 2 chairs set wup Inrsuch noway as to block one sidence the exit. IV t4:* g� I cop FOOTHILL FIRE DISTRICT ` COMPLAINT DATE OF COMPLAINT: may a, 1938 VIOLATIONS Unifrrm Firs Coda, 1965 Edition, Section 3.1011 "Unlawful Continuants of Fire Hazard" VIOLATORS Michael Victor hiller 25509 Plncscraek Lana Wilmington, CA 90744 ` +- CA DDL e: N5051359 DOBS 11 -26-5E WMA, Brown /Braun, 5'11 ", 165 lbs. VICTIMS People of the State of California WITNESSES: Vera A. Arthur Foothill Firs District 6623 Amethyst Street Runchc Cucamonga, C1 91701 Ralph E. Crane Foothill Firs District 6623 Amethyst Street t 91701 Rancho Cucamonga. COMPLAINT: On Sunday, May B. 1908, the undersigned observed a white tent which was totally covering the south exit from Harry C's Restaurant, 10677 Foothill Boulevard, Rancho Cucamonga. The restaurant was open for business and the obstructed exit has been designated ae a require) exit from the disco /dance area because of the large occupant load. At approximately 1130 P.m.. accompanie nd by my supervisor, Ralph Crone, I conducted an Inspected einat the aboveoted place of business. South Exit: 1. The double exterior exit dears and patio 'roe ware completely enclosed bya canvas tent 2 chairs set wup Inrsuch noway as to block one sidence the exit. IV t4:* g� I is k i` w c -3- inedequaff for the number cF people In the restaurant. In addition. course in Overflow Frontfofethesewdoorsa for tables erected an obstacle In the past year since the opening of Harry C's Restaurant Cin ,Illy, 1987), the fire department has had numerous contacts and comlaints metpseveralc times nwith the cowner nand n exits. with Micheal Mille one of the managers (subject of this complaint). On one occembersaof the nesting firm department,the andcity profession official. mmal fire /building /life safety consultant, who was hired by Mr. Chan in an effort to find a legal way to increase hit ooeupent lead for the disco /dance area. As a result of this meeting, Mr. Chan constructed anlendingofromsthe disco dance area, which allowed the building, g him to increase the occupant load considerably. Following this meeting, Mr. Chan submitted a Floor plan, signed and dated by Mr. Chan, on which he made the Following notes' "No the SMay tables allowed inspection, ait bleswasmplacediinntheo During doorw a tables "This area to obstructionsAtaalln a a chairs, timss "(exit aiale,westsideof dance and floor). up table and dining chairs for code regviraments concerning aisle widths for exiting. Cue to the obstructed exits and aisles found on May 8, 1988, during a time when the restaurant was extremely :rcwded, it is th+ opinion of the under3ignad that, had there been a Fire, lox' of life would have oc.'urred. on numerous occasions Mr. Miller has beer. department inspections andtdiscussions concerning exitsgAndrs overcrowding. By his own admission, he has worked at least two other resteurantr in a management position. Therefore, It -is inconceivable that he was not awsre he was in violation of the law by blocking nearly every exit in the restaurant in order to accommodate an overpacked schedule. Vera A. Arthur, Fire Prevantion Speciallot Cats 10 ���9' 1 1 1�tartlow leralr AIMCLE 3 j COMPLIANCE WITH - ORDERS AND NOTICES; y�WpnWwWail Mfrt�Asa •, •�. � . Sw 1151:M���� «���w�rr•�m+ra . wrci.yrar err eMe.Ae WC►errl f1n W W r rYa Rrrr > rM W artAl r W �Arll fr9r rl. MrYri raerr Yr<� Or rrN .rai.tr'�Milrwrywdeitr W YdyaYrlt�rlmrUO'° l aY�Mt�7't�riYrr�aWr, - � . �peee►�wes wM Onr M MrMi Ss.11C. 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O, wx 35 • 3 AMSTHYST:ST, . }ANN es7 C O CUCAMONGA 91701 17141.947.7S35 ' May 9, -.988 Mr. Michael Miller Harry C's 10877 Foothill Boulevard Rancho Cucamonga, CA 91730 Door Mr. Miller I have just been notified by the District Attorney's Office that the munielpai i courts are moving this week to their new complex. _ Therefore, the appearance location listed on your citation should be 8303 Haven Avenue, Rancho Cucanwngt, 1`16214 be sure to appear at the above 64dres3 at 8:00 a.m, on Tuesday, Juna 7, 1988. Sincerely, Vera A. Arthur Fire Prevention Specialist VAA:aIr r f �' 1 0 ;=AE557 S -8 -E8 During ;ar.d inspection due to blocking, 0; .exits. during Mother's Day` brunch, suggsstlon. of Mike ,b the offer was made, at" the •t. to ,•Miller, C's management `fire conduct a class for" Harry- on code requirements for a public assembly.- Pire Safoty Division Supervisor -Crsne advised, Mike that our department -would be morn than willing to work with their staff and asl�yd him to ca /1 us when he wished to schedule somathing. r f �' 1 0 cs, Foorr�! :r L -1, ... ",� e "^-'l i1 s` 9 O. BOX 35 • 66TI AMETHYST, ST • tANCNO CUCAMONGA 91701 ///'''��� 47141937-253S �C March 23, 1988 ._ Y " Mr. Harry Chan c/o Harry We 10877 Foothill Boulevard Rancho Cucamonga, CA 91730 : Dcar Mr. Chant F believe we are nearing the and of some trying period& for you and all other public agencies involved. This, as you know by now, will be the last time the Fire District will address an increase in your occupant load, as long as the structure remains in its current configuration. In order to finalize this phass of changes, and thereby increase your occupant load, all of the following items must be approved and /or completed with all appropriate signed documents on file with tha Fire District. f. 1. All Building and Safety requirements in and ! signed as final. 2. All Fire District requirements in and signed as final. 3. Pieal seating arrangements must be signed and dated. One copy is to be kept at Bar tl and a second copy at Bar 02. These copies are to be sealed in plastic and must be available upon. request. The seating arrangement must not be changed. 4,. A written plan detailing your policy for keeping an accurate accounting of the patrons utilizing the bar/d1sco area must be submitted to the Piro District. 5. The correct UL and State Fire Marshal listed panic hardware must be installed an the new exit door out of the bar /disco area. !qa e- - v r Mr. Parry Ct_"n' - •a °;4 !+.arch +Q3, - Pace Three 9. A new occupant load a licaticri* and~ "�permii must be completed and po. file in the Fire DiBtdicr. office. This will' be tho last „item accomplished after all others hn +a 'been completed. With the aforementioned items in place, I believe �e can then move forward and concentrate on other Isusiness aspects and pressing needs of individual concern. Please advise me when all these items are complete so we may make provisions for a final inspection, Sincerely, Lloyd e. Almand Division Chief /Fire Marshal LHA /ss Iq� ti I J `/ 0 FOOTHILL FIRE PRO':ECTION DISTRICT V< TO,— Ralph Crane, Supervisor FROM: Vera Arthur, Fire Prevention Specialist SUBJECT: Night Inspections - Harry C's DATE: Mart:: 15, 1988 Inspector Susan Wolfe and I conducted night inspections at the above occupancy on Friday, March 11, 1988. During our inspaztion at approximately midnight, in the presence of Deputy Gonzales, we discovered five round, tall tables in the front lobby. Several people were standing at the 'sbles, drinking. Two of the tables were located in front of the fire extinguisher and manual pull starion near the rastrooms. Another was placed in the exit opening leading to the dance floor. Inspector Wolfe explained to Harry Chan that this was a lobby and could not have tables in it with people standing around, drinking. She stated it would change the use of this ar,ta to allow the tables. !'.r. Chan became agitated and stated people tended someplace to put their drinks and purses when t "y went to the bathroom. Inspector Wolfe ajain advised him the tables could not he in this area, noting that people wire not rlac'_ng chair drinks rr them to go -o the rostrooms, but were standing at the tables and drinking. Personnel were directed by 'Mike" to remove the tables and Mr. Chan continued arguing for abcut one Minute- The tables were placed in the non - smoking dining area, which was unoccupied. Approximately five minutes later, while stendinc at .no (south) entrance to the dance flour, Mr. Chan approached and asked Inspector Wolfe if they could talk outside. 7� Y I I�yri • .n t' r NIGHT INSPEC':l ONs, FR-.DAY, mice 11, 1988 r HARRY C's :13C ;rs. Oasupant load when we began inspection __Se 5rs. Ocr pan- :cad 20: when we concluded _nape - :icn 1 :here were still chairs along the east side of -he bar in violation of f1cc: plan - directed their removal 1. 2. Checked :ire extinguisher on lower ramp of dining room - needs tag. 3. Also non - smoking dining room :ire extinguisher needs a tag. - 2345 Hrs. Occupant load 318 when inspection began. 2355 Hrs. Occupant load 334 , 12 Mildnight Occupant load 341 this is absolute maximum capacity. The room looks extremely croeded.� 1. These were three cnairs on the east side of I he bar in violation of the floor plan - directed their removal. , 2. Five round tables and people drinking at them in lobby. Directed their removal because this changes the use of this area (15 square !set). Area cri7inally calculated at 7 square feet because of lobby - waiting use. tables blocls_ne exits f :nm bar. Harry argued his liquor lire.. ^.se permits him to sell alcohol in any part of the establishment.. He was advised the concern is not over people having drinks in their hands in this area, but in the :act -he bar furniture has been moved into the lobby, creating a drinking - dining use area. Harry was also directed to relocate the round table placed, in -from- of the west leaf of the south exit doc: from the bar. Harry said he had to have this -able because glass is not allowed in the res- :come and "you can't expect to have people shit and hold a class drink at :he same time ". Harry was reminded that it was his choice -o remove all the furniture from the bar -and zna fire department was hone :ing his decision. He complained about his cue -omens having no place -0 put -heir drink glasses or purses. Again., Harry was :winded this was his decision and it would be a;:,/r�ecciated if he would le- us do P5 a �G�• �:G` . A �•� aa,e :we :o jct. Harry was invited to continue :his tcn:•ersetion at the fire department headquarters Monday morning. 'r } 3. At this tine we also directed the removal of two chairs placed across the exit from the upper bar. Harry said this was to keep people in the dining room from entering the bar. While this discussion was taking place, several people entered the bar from the dining room. I asked Hike how he was counting people. He told the lounge host to add 30 people to his count to cover these uncounted diners. 4. 'Exit width measured on outside of building and planter wall for new exit. Width is 3 feat, 3 inches. S. Observed couple lift canvas covering unapproved new door. They attempted to use this door to exit. 0100 Ere. occupant load 275. 1. r` The lobby was clear. 2. The chairs were away from the east side of the bar. 3. Sprinkler gauge missing from riser. Assisted Marry in locating a 24 hour sprinkler repair rompany. At Mike's request, I spoke with Jerry Fisher of D t B Fire Protection to explain the problem with the sprinkler riser. Dispatch .+as notified of sprinkle= problem. 4 Tho Sheriff's Department made an arrest for possession of cocaine, four parking stalls away frem the damaged riser. It is possible the prryiem with the riser could be associated' with the drug situation. Farnape someone thought if -nay stu:ted tho water !lowing, people would evacuate out the ntner aids of the building, drawing the attention of the thor :t!'s Depar =ent away from the Zack parking lot. Supervisor Crane notified of situation Arse. :•is evening f_re lane at Edward's Cinema was inspected and found to be cle!:. Aear yard of Advanced Wire Technology was inspected for on -site hydrant we though: was supposed to be installed. Couldn't find Lt. 67- �y' e Si;hr nspec cons, .Friday. P.creh __. :565 ,e ' Page Three , inspected Friadmar. comes 00.^.6:rL•c mica soffi:s•.where no sprisY.lers ' are. :nspec:ed K -Marc parie doors for chains an panic hardware. Doors 191 xitia"wF'?r:' N:GE:' .NS -IONS, SATURDAY, MARCH 1. -,See :2cc Mrs. Feadcuarte:s - review Cowcirl !cads -� -- to Inspection. Save: separate areas have tis:icet Occu;att loads. - 2300 Mrs. Meet Inspector Grisamere at Harry C's. :323 Mrs. Occupant load 331 at start of inspection.. " 1. Chairs are blocking exit between north bar and dining room. This is the second consecutive night the chairs have been deliberately placed here. 2. Round drink table blocking west leaf of south exit from the bar. Harry was directed to move this. 'his is the second consecutive - night the table has been blocking this exit. Harry eventually complied but not until he areuod that an exit is only 32 inches wide and his ,consultant told him he has more than enough feet of exit width. g Harry was corrected that 32 inches is not a proper exit width and that all his exits must be unobstructed. 3. She north bar had banquet type tables set up for a party. 'There were several chairs at the tables. Mike was asked to break down this arrangement- as soon as possible so the furn_Itura could be returned to the approved floor plan design. 4. Harry was asked to have sprinkler riser chained open. 0035 Mrs. Occupant load 328 1. Sables still set up in north bar in violation of approved floor plan. Mike again asked to take care of this. _ 0240 Hrs. Occupant load 251 - 1. 'Two chairs and one table blocking north exit from bar. Mike removed this furniture. Round drink tables were observed in lobby. One at reception desk and one by cigarette machine. No drinks or people at those tables. 2. Mike was asked to have sprinkler riser chained in the open position again. 3. Asked limousine driver to move out of posted fire lane. _ ns- ece_ene, ._rear, t.t:e: '9EE tag! :Vg 2340 Era. Cowgirl Theater 1. Conducted i.,specticn with manager, Larry. y. dated occupant load signs d_i;laved. Advised r him these were no longer current dus to physical ' changes in rooms. Will send list Of ctrrert ' occupant loads to management. 2. All exits inspected and doors activated. All exits satisfactory. 3. Asked management to check all exit sign light bulbs. A few are burned out. 2355 Myra. Edward's Cinema 1• Fire lane clear 2. Theater !6 exit OK - no obstruction 3. Replace burned out exit light bulbs in main lobby and Theater 05. 0015 Era. Brunswick Howling Alley 1. Exit door (exterior) from bar needs adjustment. Vertical rod is dragging preventing smooth exit door operation. c 2. Meeting storage room storage too high. 3. Combustibles Stacked in front of main electrical Panels. Management was directed to stripe floor with tape for a distance of four feet in front of the panels. 4. Main entrance obstructed by picnic table and umbrella. Management directed to remove this furniture from exit aisleway. 5. All other exit doors worked satisfactorily vhen tested. 6. No overcrowding observed in any areas. 0100 Ere. Magic Lamp Inn 1. Met with security guard, verified Rathsellar Room was not in use that night. 2. Observed -ear exit blocked with serving carts. Guard said if room was in use, moved. carts would to 0130 Ere. K -Mart "( r c7 -zJ� 1. Checked patio doors. No chains on panic hardware. COPY' ,f � 'I E ='irk Fire PROTECTION DISTRICT P-0. Box 3s • "ItAMSTHTST ST , RANCHO CUCAMONGA 91701 17141987.7553 November 20, 1987 CO p Berry C's Restaurant 10877 Fcothill Blvd. Rarcho Cucamonga, CA 91730 Attn: Mr. Harry Chan Caar Mr. Chant After several visits to your loeal restaarant, and upon careful research and deliberation of the facts, I have made the following determinations which will be imposed as requirements for Harry c's Restaurant located at 10877 Foothill Blvd., in Rancho Cucamcnga. 1. The total aggregate occupant load of the bar area, disco area and adjacent accnversation and viawing' area shall be no areater than three hundred and forty one (311): This occupant load shall be ported on the wall at both main entrances. This occupant load shall include all employees utilizod within the confines of the areas listed above. 2. In order to accommodate the new occupant load and Provide for the safety of thoso occupants in the event of a disaster, no free standing furniture of any kind shall be allowed within the bar, disco or conversation areas. (Exceptions A small table _ for the cash register, the cash register itself, and a small chair or stool for the cashier will be allowed near the outside entrance. These Stems shall be clear of the exit and aisleway at all times.) ao1 .-/- 2Z' 5. Failure to comply with any aforementioned lawful order shall cause a citation to be issued requiring ';� your appearance in court. ' 6. Should it ever be found during a spot inspection that you have exceeded the maximum allowable occupant load, you will] (1) be required to immediately bring -he occupant load down to the required occupant load utilizing a method to be determined by you and /or your staff at that time (2) be issued a. citation for overcrowding a place of public assembly and failing to comply with a lawful order. This ' citation will require your appearance in court and a fine to be levied against your which will be determined by the court. I sincerely believe Mr. Chan, that if items one through four are complied with and diligence is applied through in -house enforcement, we should never have to approach items five and /or six. I have enjoyed the working relationship that has been established and hope that it will continue. Please contact me should you have Say questions regarding any of these items. Sincerely, Lloyd B. Almond Division Chief /Fire Marshal LBA /rb cc: Jim Broeske, Kroh, Broeske c Associates Ralph Crane, Division Supervisor, FFPD L. Dennis Michael, Fire Chief, PPPD Mike Hiller, Manager, Harry C's Ao9\ 3 _ Page Two #Ca r' 3. An automatic power cut -off switch shall be supplied -' to the music output side of the disc jockey station. F1 ThT% cut -cff switch shall be automatically activated )y wben any fire alarm has been activated within the building (restaurant side included). As the music isr silenced, a pre - programmed message shall be displayed on "EMERGENCY the overhead visual screens stating - PLEASE EXIT IMMEDIATELY." This message shall flash intermittently for two seconds with a one second delay (2 seconds on - 1 second off). 4. These items shall all be in place and operational no later than ber Decem 18, 1967. 5. Failure to comply with any aforementioned lawful order shall cause a citation to be issued requiring ';� your appearance in court. ' 6. Should it ever be found during a spot inspection that you have exceeded the maximum allowable occupant load, you will] (1) be required to immediately bring -he occupant load down to the required occupant load utilizing a method to be determined by you and /or your staff at that time (2) be issued a. citation for overcrowding a place of public assembly and failing to comply with a lawful order. This ' citation will require your appearance in court and a fine to be levied against your which will be determined by the court. I sincerely believe Mr. Chan, that if items one through four are complied with and diligence is applied through in -house enforcement, we should never have to approach items five and /or six. I have enjoyed the working relationship that has been established and hope that it will continue. Please contact me should you have Say questions regarding any of these items. Sincerely, Lloyd B. Almond Division Chief /Fire Marshal LBA /rb cc: Jim Broeske, Kroh, Broeske c Associates Ralph Crane, Division Supervisor, FFPD L. Dennis Michael, Fire Chief, PPPD Mike Hiller, Manager, Harry C's Ao9\ J^ �l v, OIDUMC[ I0. 780 AN f400eICS W Tat CITY CODICIL W At CITT Of IMCg0 cour"ca. musotIIA. ARvoi O',?in% S Or its Sum COCAXML ICtICIrAL COOS IT A00I.0 L ■i CAOM 3.12 smunth •lcatench ev OTaSTAlttor T$S CITY CODICIL or ISIS CIT W tASCIO CCCAMMA con WOAD b ICLLWts ettau st Title S at tic Wcoo Ceaseless, balctpl CMS is catch, seceded by the 04dlttoe of • ago Chapter 3.12 to red. 16 .olds a" tiger,$, to Ia11wu •,tut.. 4.i2 .�yayt 3.12.010 Permit '" iced. 5.12.010 tat "taAelaat Wised. 3.17.030 6e1.1its.. 5.12.040 APPU44tiaa la' pardg. 3.17.080 Aeaatl01tias led bootleg. 5.11.060 vatic, ,f bagel". 5.17.070 Adgl@$ 41 bearish. 3.12.080 Oastel of gflltotloa. 5.12.090 Cadltlsse lef"a eel fetait. 5.12.100 toopemeloo or tatecatUa at permit. S.I2.110 r.va. 5.11.170 Ttgo lee fillet 475licatloo. 3.12.130 awed" WN retaIn04 at 4a "@$. 1.12.114 Chattel to Mate. 3.12.150 Tnbiticle..64 paaaltlas. 5.12.160 Clgll r4204144 available. •y13�Oft t. :.1 r, r..Lt�. we NnM of bads.@$ aatlq ,ball operate. ae4400t. or "Bldg ass flags ON pa2dee6 ,paS to Ito p"lla abet. food at b"aryoo are gold. offered for sale. or $Less ,sat. led abaft ,ay ten of se gstass.anc, go 4411204 berets, is prsoidd at Cere19b,d .tglBe, fine Ntsi,t•g . pool, oo to do as bmlSafter fr"Hed to Is ,Leta clopter. ti nl d ..e daet.J. Ateruitent roc age" fan of lbs menrtadJecat. mail. 0*10 ►old as er'beatea. "to flay. b-11164-0 low. fobiw $hw. rw1Be. pastilles. sales. sees of dames. act or $ay. W Bgoes "t, of try ether me of pogletroog pattict"ted is by mete or Begs person, to. the p.rM,o at baldly tie straggled ed. Caldy she att.609, "A Interest elf. LLsartisd of s eta$ [.eats Of 0191191. •ta.tlA3g drtv.. "s. The ptavpl,u at 1bIs chapter shell 809 be 4.4244 go asset,., permit for '14 fallBegyt 'M rot the .go of a ted/o cr elks, of "1'ad,el platb.ct dasfev 1s ,elf ottlltaboost. "Cale con stlllsed by ag lases"Of at 'else Jackal' be .t cry tine pgnldu try Cate of anal @$as,tdassse. I,eledlag the s..rec/al of Goal title@ at ,e, lots' oars 1. eosivesclea tbs,with. 'lU h' ass wa7to /ec4at frwlded to, "micro god thoa games. at a fgl@$ao a1.1, sherd a4.4go100 is @$t Bass to tie Baltic. '(3) tee ageragalaecot uW,tN 18 Collection vltb a Ccnlert, scs.bllsbed gotten Hence gnus.. go, "tt@$ ,,to circus, at tal,hteved. a s.3 ulii se. tied I c '(q lac utatutwot 4adoctN y or eyswnd by •ay'coeY�; Me flat. 904107 or Aatrcbdes, egawiad or incorporated far beamlut; l,. •,,� rbultablo. duufa at literary Pquu. brtas " rat as llabd wabaralh :, ad dick told, watime at regular lfu"Is nf met less bad face poi tine' .dub lend, fits pf "add, 11 day . field@ Faro cock uuctaiewt are cad tat ga {flare of such club. 9nlet7 or translation. V)) for "Cortale"et p"idd swell IT a plead !layer at batrt9t /laying rats lr the aleserat Of P +du or patrons of as ctrl lslret. •(1) far ncert.i ft nsfwstd solely to or .0 day traded of Location akleb Is mod or operated by. of latest y. to at fern the Orissa Scott,. $gets of GlLfenU. Cuet7 of ree recharging. Of day gtap Of -rbdt,labc useful. ♦ u t e.. ...le, ♦pplicuu for ututalawed Pardee atoll ills^ a weds@**, 9lpd t" .rallied applie•tbe with tit cep dngu. of his designed ablelms -(I) no saw ad pateunt orders, at appliance. '(t) no uw. propose 41st duffer. It ay. best*,** ddr-.* of the appllcua. to the fpllun, to a cooperation. eke saw statl'bb r4a91y .* sot fate Is Ire relief.* of Ibe factor W the appliance @bell ate+ the .w 4" tuidem dduu at @aL e! the dHaate, dlr "ale*, rat talk s trhofre, aSalg sat leas in" tnap -tire Pact**& Of ate Rack at the Corporation. it the Fpltcsf to c Intangible' the aflinfu fell able the awe ed outlets@ cfdrume of ark of the -206411. /sUdln! United plagued. '•at A detailed duul/tin f co@ Pr-PaW utelulauu. Including Lynn at aternlw @t. mser of paneds oygd is the ututfow*t, 41st M futbu lfefd@tlra about the atutduut at smartalurs. as the rep "sg.r a" raw c "aaary. 'U) no date. basis W location dad the warcaite.$O to preryld to be areduced. d the ddatl.* red. it eny, to be cretSd• Rl) the saw or ,era et she Pecs" or Pan **a upossible f.r the ungwf at upavcola* at mytium's buicau end at day utataLuou- 6(6) A matfwt It the Sam's end abort" *t Applicant's battered. It Aare. to be carried " is usluaetet with nH ataaicue.. I"I.Alas harbor of rat alcohol Will be unyat a fact of **ak bailout. '(7) sharp" of rat tit appliance at any False or nature edcPaadkis tar the "amount " "Panielea of appllaet's lost..$$ have tw. within the Petricca t" year a"in♦ed at t stir. the $Greg. of lack dente*. W the etas "at resolved "affaa tragedies Cgditiom of pub at dramatic, It off. _ -($) gbelbf ar .*t P Iisaat has "" boa ray strait of llrt"o f"ad la ee@)aention eItb the 9410 of slatbal tr pfavbir@ of "tucolwst enlarge luldbf the dot thereof t" at" of the Curried g"". •ref) such other fusauble lstarocties a tae rip erAape, of doet @n*. "f data uu uty. . 1q,1 / 4 Y.t i.ele Lhas babes• red s...t„ After the gplaselo• tai %u, .cttdawt '{brit baba baIs [lied. tic city wgac;.abel I'1' u, asj I "wtl4tloe es be osls of cat► seplitatioe, bed ameba tmka "set�8ule ►m oaylered M Uall Barba the ylliroti*6 to ►• et 4r.burly bon the' pa"lme t*sinles bad Hall etlfy too tplicur of the dear inch b ",I,S: •1.12.0Ae eaN...b■. t AftIs the city "sees bu,tlt the a0►licatlra far %U,tme. be 'I'll tut. "tits of the ►ot.- tout, ►t ttrw " all ►re"M waste wishes the" Mated feat of Us trap "4 of utwl.. luatlu K -tht st/licast's buism. tat tie prong at d4 undo. wtle*� to ►repay' "bass &tall be UfNtlwt It gives to Us#,'" party Issue ." � "pat se seek 0% too Let blello'd "u"se"s col \. aY /ltbull7. Us 9197 m&ger bill a*u* a pill& "tie u be Posted at -the te"tics whoa the taigas or art "wa.t is to be esadwtad. All suleu pr "Idd for is this @wales stall be b the fare led ogre u ►1e4921bed y the city .get. At apllcaat &ball het all tero W 411 "Us it "chime. /flat(cg, tad /lathes ,Bob "ties@ sad @ball N7 •rb tutu to the city Klet to tic thr bat far Wattle bodes 00 the toadies spllutUb Wallace N P" Bub costa b the applltsst .1411 be Sts.ed to A0`7 bee yri (G1tlu. 7 •f.t r.eM e.ess. ■ At UP sir *ad #lri set tee Peelle %*crime as ro •N sell, ..fe. W n . be test4rad from day to / ", the platelet 4erinl@$ SAM We aced dterdae oil *to, take @ed "Idsc* elm" to the aplluet red "p"l"y wpb `7ese. et .011 ar to, bat ",.IW,t treated. 1"Idleg, no " "re and treaties at U* proposed @$..,../Boost. 9 -mar e.•t.t .e ...y ra At the esmloslsa ed the heart's ►•tea tie Rasaime Camara.@$. Us floating 400lelps shall asset, esedlt(G "117 Gnat. K 4q the 1pllaattes. which d"Ido •bell be first mien gpeled Is r9ed&me atith U# ►r"bl", It duties 4.01 -0608 ed W 4atba 4tarmea M of I Gds. swab Aw (Glob •ball b bat firth Is 14,01.tlab.seoo stall be Sewed .lUle thlt`7 (10) Aye berm arch h Is Acetate' la aWUed. fees pwly Creole too ay daq @*Id rot lud's It It @bell tied W derbriaa s`7 el W [ellwlest '(U the csed"t at the "tabl/abwt 0t the Ifaselme at the at Natlm."tf be assets" to the 0wbllc healgh, #after. rmis of ..If"" *s •U) The PlMu@ or rt*blis mat is likely gas be operated I, se /Vowel. lyramr ar d(G#edctlt Murat, " •(1) The applicant or bay ether ►met u• "tated with his U Kiwltd or Kttau, rat In 1 prides of 640atlay lar@Irin partial or total ceotrel rear the Budget to to* ►rl"se to''bt'b •ut ptede Is Unbc 4 be logged. bar best asserted is an asset et •ameten JULSAlell*e of Ur off "* 1 "91w1es too /luut@ti", Utilities or perfar.e It ay chases. "wed ray hld, ace" a 411`7 #r at'" ad" lmldme real mrN9NO, or au bed a" gKml. Posit or t(Gmc leered is ueJ.tt" d9b tbe ulc at ring. et tea K"iales at est "eslgsat raaraed .Itlia too K"eslme flea &%issues of Yong. oe •(a) That gr*ctlme the ppl k*d@$ wet/ ,Fact* a pill, •U) net the grrl *"fact,& of the Keadseo .mid (Groat"• rime the puce 1114 pot of set earroW4t cuUut(GI tslgeaUarq or '(4 The ypliaabt hot eedo bN fdu. Walud(me or et delut *tseraat If a1 "tltl tut Is the forywtead oyllaatlg. m CM ..... Va. 190 Ate 4 • }.�: etrl �.4t.Ia.. Ir..ed e. - re. tiger the Faille boring at N "f apra#*ties. the plur(y Gamieale9 to stetting Sty paredt ity dva lap@er evb W1024bls ealldsas a. to the u• Per acs.. of a "b A a !t time apf,0alats. •f. ,0.im taps. 1.. . e..a. 4. .t .2rdq Alter nation p@4 busing. ris tlSady Gsmiutoo sal uTNI of talent 217 Fotdl '44944 lun%t,s n We sbaptor is said Condellet find. Sea 4etaes(a, tbt eq $alder". IS IS40C " will", Per sty Mae, eat, "led " el"lat4 with the pscadtkp as Vet "r. dilator, office -, 6,it"t "Vale'. ea ago" Fero" r" A monielng manorial nt"rity al$ we as behalf ef. the forNttn of M eatntsie" "tils %edge W satbrit/ of nab peed"$ Material fat to the application Kite LLfor Ward ed/ed sty of Iffsed" "pet .r Coeur rgdiN to be fi)M Potomac to this Claptng of .rd(aswt. of ea416.ieorst ry to IS P4 d"Ntwtl 1tyi�or e! Sty erare", ssaplcw7 •(1) Is ae"(etN of • felafp. or at Say wring lmldls red et •(q violated sty "lot. ryelatlou a le24alau WPeM y t" geaiM Gamieltes •' ctty Ceamil rdge(y " oba retoltttid Lge!uu of Permit{ sr •(l) GNmted a p@rdteed basis "t b • "tea rateaty re Loo Nob bm14. oSfoty nN p0 "al welfare at the P411<I or •(d) bawu"na t"a \slain is adla to be treated witi tho pt('(ign freed by sub o p@'sit. re0alation w%to& sballobeoNgta withal ~ICSti CIA) s4n stall 01 Js done.1 ... doeta(" Sd 441 be final walso$ 6Aalod In uPe "awe with to* Prwb(aa of fmtC" MOMMA. of *be 4tun Q temps, n.alst"I GIs. •yll tee rap... the fee for an ntutdst, permit ull be 441400.91 r0 t•11an. Mil• legally as of before fanged let of men .,a "sty fun Flan permit $loll be is addition to sty bult,el 11,4440 lea a sty to eglred by the hostages 1144"" Im of the dty. Sawn. for the year 1936, us to in as "ter[dasest permit Coal " the .m I forty dollar, payable %Frie mbdealss at as pollution. •9.u.ela Floe Print, wine will be presently rsdolcM a stile A' 04 Ntdn ge ntntstsesat Permit OF erele. of us p@wtde" 4 44(4 ebo/tu .boll nn, to s4 1Se1Niy fnaier I. son dtl4 whAb n it 0 their apµlaacla4 for a eonrtalawer /atat with the step sayer. •1.u.He s....t'..a..a 'n. d Lo . ... •... All anion seeduti" • Nllc dews of 427 neertdssnt has Settled by #*ale'$ It cutem's to Permitted, aholt ban* A 4teadaate at the Pratte@ fat too pulp@#* of $apenbing too 42011-9 sad See 4eda,t sf all /etnu us a,,ggmro. a duty I/relt,d sad gaiters" $cucity eesn at all at", sub halls Is P,18(tt4 or Slimed. Mass. us 04nlalt4 of this one lea "ball apply Sly to oboes oetabll$ ►"0" ea pros/.0o where a dews floor of dome Sees Is "tell 1 420 b-4, 14 A Ity Sena fort to available .e delineated fag daal-9 by cutoosce of 049,069. M r yo •..1t 1+0 [h..... Is ... All prwiolm a( hU title �hckiri Iataatldart rth of aastsaar to the pawlolug a( t ►la ahpur ear bin, nptsLt to tha utnt reel paevislas$ are lSsauistut rick ac uerra_A'to to.' prw/ole.S of tole chapter. lJ C+. 9.e L1]e $.wren t ) �,, Vi aA panes. fire. L'��' (1) tc MII me eat wfel'; ter ►atbnaeN s ufpstgttea to violate ear presidia, e,-ta( fell to ugly Vito •A of toe r.l.lrwsto of this Spectra, pmy penes. fire.{ at this te�tcaySy Vick SA a its n'" (f$i ",'halt be 44.a4 KOM oftw plstarl A +Y ryes amtetl.e [hereof hell 0m fuigWle as f.11seot first Victorleq(6) ♦ else eat esSSNty e.- u.i.se eon.. (110040) for 1) 'lo) 1 flu sat eacWiy t... e...w e.b..• (1200.00) for a� .read violation of t0a ear ern(92sto victim ees year; •(41 • fits eat attention Lego e..i.r e.tt..: C1AO.OW far? Sub adntttdsgl ,interim& d the says ertisws within ads year. 'guf Sub t •? I'"" Kellar N • largest, lfws It", eachcsaW t„ ry S,,1 atlea colt mo i ,brief tasty rhih ear vl41atla, at M d con ►, SO �u of chi; Itar(te }. cat41tt0d, cast Amst Of Permitted by sub fw, . re, p toosahlp. ar uttu u ad h atl. Sell be 4408" pH+eYle unden li o. 92 pfw/1St I• <tt (r' ,batch,. 'e" frw/n(us l UO Ctec.1, 'alt Set be uuc[wN sa p.fhitsly gam e"& t,b ppwhi ►ad tsdm a,1 .hall eat pffset toe uteresceillar ad sA .her arplaoble patalSlau Y ISO. •_.bete De.b ..0te.....u..e., 6 violation 41 may few Olw el sets ;better $pall euallute a ulsarm W t m. shared m of the Clan at iti ttde pWW y hue d rrcn/dy {Edge. preliminary tog ofPsub (pass..- m at is aA .teat ysu.r frwitN by ink ter toe "elegant of SNp ntaWY • ■,ens to the City coseall deal ... $ that, obtain a Wrlem. peaersob +eccdse. of Vote of tole chapter be fgaduad at declared (.relit by Sty fled fart "aite U • Seat$ at esgsaeet Jorletbtles, at y "'S" at day prowtlVo lgleletten. She raisin prevtsleu. /M 911.4. paly,npha, aor[Wa.• Sad wine of his ctectu 04, offset. swim is fell saris tad .seem ft no Map, .bell sly toil 4tin'", nee 'be alts Cloth $halt eau too ear to be fobllsbad vtlbis fifth (30) dapa after Its Miute at lease ere it n. a.b. e....e, a eta$paM$ if 6920141 circulating, pWl/nN Is sae city at Ontario, Callfuni a. W alfadatY 14 the Clan of [eras fiesys$e., California. pY190. quo 9D. See uOPM pb list tar at Mar. lea. amt Kpta. Kill. Data. Wright pone same ort0y, maids Is [I sc M e[ ao? ( 1146,¢ .. `,_ Otti.".• 4. tt0 rote b -Y .� tITT1fr tn.rt7 � WgWq Clry Cl.tt - _i •J f, tNOLT /, tOTTtR. C11T CLtta of ebo city et 4 "b• phhry.� Gllfa.ie,'b tail ,certify Ust the l"ettiaa Ordi a was I"ns"et at 144.1" nowle of the Co.wLL f the City of Wthe Catharsis bolt on the ra Cw "i1 at tb Ci4.of 4"b Caarsio helteo, trot llie to eltisi al eke CIeT 7 a". Itlt. 4 ""N this 11o4 tp at K". JIM /.J(ld4j uba pa.wsih. Gi /hnl.. a .. s i �J f' OADI1f1C1 C, 190 a OIDM= or TOL CITY DI ALICO0 C0.J10 & u1nim TITLC 3 C/ TOO UNM CXM OL CNA PRINCIPAL CO AT ADDIIO CUna 1.16 71191270 TO D1703i a &MISSICL7 TAX. retina the City Coum1L Of at City of 1111114 0111110 dots 11,U as SMI M�1t Title 7 or tae 6seele Cueseeopa ttylalpfl C,,9 is goner camped 6s aa3us m. Star 7.76 tatnto to "as as folleuet Chapter 3.16 x`1 "t fM917I00 ifi - Y leatlmtl y 7.16.029 Daflsltlmt. Y 3.36.010 Apw of !n. 1.36.0)0 1sea" . pass. 3.76.010 Coleedtlm and Inrsaat. ° am fortat to to City. 1.16.030 3.36.270 rom of of for Seaonetleb. 1.76.070 Alt1 o fro AlOerwes hill 3.36.060 MOC . Intern to /Sea leaamttnaa x to by Over Tat. 3 1.76.030 Ieserest. • 3.36,100 O111N1 fallen to Aeeaunt or to pay over T". 7.16.110 Joist and adesnl Liability of Opener too parM Collwtlnl TAX. 3.36.110 raiateaseo of Action. 7.36.170 Vermont by hwator a tlw or Colleotlnl 7". . 7.16.140 Onopttms. 7.36,170 an of pro m"S. ].3L010 [+flrlt3gav, for ae purposes of tats Cogger, Clrtaa was as parsecs wpm in we ebaptu' small be amet'. d as at forth to this Let'" mlese It la ASPerea' rrw its Wire roata a t test a different wain{ la intended. A. aN1171011t h"lsel "• lsalu"s esMy tat of "try or & pdr•m Or patron to any par.tas of say pronl"s. 0, ArT1101 •atbed• lealwes to tarsal set, 11W. ottata, n10y, wt ", be pnsedt at, aw partletpata le. C. - PRIM101 MCA, 'Adal"Ica prise• MCIWVS manMy, tae to .ddlttn to w fa lift of m "y, any a rAluablt Col"ntlon path, bird or rwebed M OtonARSt for the rlbet ar privilege of S "Icta s to my precssee or tttaeainb ay Meant, Sm a3 toattloal consideration Sold, ■ties or rwdlles after sdalalon to tar Prsrises is escaaa for to rlbnt or prlrtlgt of &"last" to m rat of any Sarum of tom stemless m any aeca"IdAtic" Or faculties Nerals tOCmtW or protlda. 0. CC1 -13 banouat• twlmta operate, Cary -on. Maintain, keep, reader. perfom. wed. O1rO, put. o. W ealOte. S. VVIAT1 "taut• Includes erly we111 platen pn[Crmawr, 'alaltl ", fair, wane", pertOnCICS, roes, Sawa, dtaoa3tr&t100, Cr Attraction at which Ile partlolsatlan 01 awn bembs or alw13 is Imol'". for which a separate or 4ed1tt0"1 Stateside pt10e IS paid for in* rtint or 0/1/11116 Of •ttdwlnb Or being SWUM to tab Maw. 4Yent• 0130 l"I"Is ee ;, �. ordlaarct me. 194 t page 7 n• - �trll_ Y� the rlgtt m privilege of parole{ a decor vehicle tar Wlch a Separate ar aedltlaul addlsslm Pride tM Dald for emh right or pr(vtlep. f. Opmroxt -open rr• includes my person, anustatlm, fin, or corporation Owning, Orortuag. Conducting, dirotmg, Imaging, �ar Controlling, alms ar in emjudetfm with Or Iasepemmt cmtraamr, my tweak ` or part" of which is subject to any tea imposed by any Deal7slm at this chapter. 0. PAtIo It +patron! L"ludes my Farm we part or, on amdumt of whoa Is paid, 407 admisalm price for the right ar prarileita of being adutttd to any M31112 (Or the purpose of attending my .trot, U. 11=193: `Croak"• tndlmm any ppmsrty,, building. structure, ."lawn, Imsttm Or plead, "ether lgrend Or mt, rod, whether or mt the Sean to awed by day Inahldusl Ceram, fin, tatmlettmi "Srmp, or corporation upon which any swent If CanNOtid or at or free which any erect Iy be attended. 1. SGSds ?Wr eamem pass• dome and Included Seery seem ticket, seem pass, Passbooks elm semereblDt sasbenhtp seed, asa"lstim omerahlp ar lesimis7 or other mrlte (other Inca a mnict nom), the Oweerebip ar possession of Wish entitles the outer or holder thereof to "Sisstm dc'm t "a me tIII m my prooltd. 7.]6.222 fametemr d Tar. Then to hereby Lesson a tax upm to "trot who pays m alias m prtee for 'Wool= to or for the privilege to tram. my tweet at env pre""" 14 the City. Said em gull be At the rate of tea percent (IDS) of the adalSe/m price. IL 36•D70 bevel hrt. 7r adalmtm a atterduge If under or by virtue of a Numb pass for Wleh any aostastm price rat been paid, me in dm manor mall be Paid and collected at the tlI cad place that sum uama pass is purchased. J16.Pae Callecelen red 7aslnt. The ton tWIed by Section 7.76.0{0 gnarl be paid at the tide Wen the pleas at Wlab the analulm Price to paid. Sold ton cult be call.tw by adalsslm. ms person Charging for such 7.]6.070 sttowetnr ton peweu,t to the alb. m or bard" the tam day of Seen mend, guy Dance rpolno W "lint the to ipoaad tr S "tim 3.36.020 shall rehear fend dupllcno) m mounting W the City of all such taxable +psalms during and deem Dreaming tom axomtini. Sum ACCwating stall to ell" with me finance Director at t" office of "to director W the City tall. and as me tied of Such filing the parson colles" amt tea Mall than had them Par to the fleabae Oirectx mounts " cellSatm at tams under this ahepter, as show In cum AnDentlad The narmtnam of such a"Aunitag shall as mblett to'amlt by the Finance Director or his aumolted "oreseatnins. who an "nor autmrlted and emMM to WSpmt and omit 00 banes and records of any s" all prams ualmt to no 0",Istona of this cWtar. 7.]6.0[0 Fnm or IVtu,., n. r....._..__ t. fie tons of nlura to be maautes and fllsd purSumt to me nautramats of eels Chapter Mall be +Seth as my ad pnM<clbed by or mceptstle co at rlatnae director. A. Such the statammt sutlagt the m" Mail atty !m Wien me Bitterevalvt mtt And, lam the +.tar Stall certlty, uccer the pmeltl or perjury tat the etatnm,s Ids thereto me, to the best of hew or her latoeltlm. k "vledge and ballet, IN* and cam at. ea c� has 7 3.36.070 •f It t prxea`! . _: ✓2�-'i%.� : °ion .: Council wt, in its dteqntion, Author tai • {Odd ute`aheb,'�me CI Ay \,if laposw't this a Mt'or repfnd't eollwl; tii Lot{ f h. At AO,flle r it actor a wM�tO lhe•Clq }ouch !tt. calcified or bOm, at e*tiw or town Or1t'a toner other`tht.ibet 'r �: specified U Yetioa ),1{.070. ,\, Id6.oa0 hflun tO /Q. 't�'• tL � p'�to Ii: fair Tu. U uw of ii •i. --,. to me ant a «oimttia r"VITAd b%{ul chapter; ='Oa_ Us, ante � presCftbw cantor, =unleu [eels Nunn toot, such 1'sllurh \!s us ia,maotahte euu w e1a hot due- to WUNI "Asset. n ent. there d to tea actu t `required to be shout as tat m much Mounting tee ,anent %1") or the Amount ten] Of such teA It me failure is for, wt'wre than ore tom,• wlm'an'addltlott.�," fin percent tit) for "ch wttlOwl'rnm er,fetclm.tMnef \awloa.gatm - such failure continues, wt e:awsly lint ►moat (+%I) U la"yarmptei 4_= L ,s., r his to swoon' iawe\u, tt•m any•oscribed f's►0elflen't wopeeiloe'a Of this Nation m er.uf to mo•dat0 a Proscribed to MJd.far peausetAnd ".I Outh due wiet lt't Atews'tnat'susk hi lure U due t ewNwblA oath ape . -'; wt 'a ow ti11ta1 , price, there -SMALL t N sdced to the accent enowa u et m susk'• «ow[tes cn0 pereAa till. of to avert ones[ sus► tss,gt Lou raliurnls ;w for Lot more, tun ens mix. with`" Additional a".perc rat (1f) for each V, additional tenth or frutlm thereof during Whisk sum failure amtlets, ant eacewla{ nCtj percent (Sol) t as afro te.;. p -"d.rA - 7d6.040 tams. If my amount of twimmiosw ei section L76.000 a is "t paid an Or boron me last'dat pneqrtbw Keg patter, mbnt an wen aaant ^t an'a",esl nt.ar trlva Percept (tba) sha11(be paid far the period rr the "to pnenrlbro for petrat to the date pod. •A m , Y a • - :rt ' 1.76.Iw Vt31fw1 htlee� to a«h"t `t t �a T A. lap parson required radar_ this chapter ch to A. an t r, hew per over escopom[ far and 7.36.010, Who wi111LI ly, falls An collector truthfully ly n toy hear Awh te: s0e11,' td addition to omen penalties pnrtdw by laws be guilty of a ala0•tawY And. upon hennOticn thereof. skint be fiord WE pen than IS00.00, Or•laprts"owt in the county J411 nut ° pen than sU Meta, At both. ]_]¢.110 Jett end YvAeA y,..,,,. f oN t G I• fn fi Any parent required to wllent the tat lytoo by Yatl" city. eggs Operater of an event w pe Jointly a Laterally liable to me for to cols r•dulnd te he eollNtw for such agent, tnae.tor with Intent hew penalties thereon. 1•I6. u0 14IntAn•nr• or �eefee, She Clt7 rr rUtet an action U Any etert� oOepeteqt a pravotl" to no me aaoant =Of total te0ulnd to he Collected over to pretslou Of Lots chapter hew for Interest and Penalties men"• Ann in addition th"W me City ry. if It Is to pnrall"S party, rp MAY" reasaamle attorneys fees Ape airs Omar cast, of suit. 3.16. e10 hvrnt 0 o r s 1 LI f t f T The opener or an nano. la Uu of eollrotiy m0 ter iepuw Or Lela «roar rem nt (;as Of m0 event, any 0leqt to parr m0 City an anaunt quo to Lot ! percent f:Of) of me total ad Less" price %'or such went, 7.36.10 lewd "s. This chapter shall "t spot, tot a, Ad *list whim 11 tewwted or spoetored 0, horpontlan,r cam 1t any teta"ltp mast, fund, her roundstlae, ar(tattw Ape 0 corpo Lions, hlr for nllatow, ceerlwla, her educational purposes, " pen or the not IV teetaa Of rblm source t0 ms benefit Of toy private Aarehelder or ` tOlglduel, A" the act eareieaa pf whim is dented eel- 81,01, to A IC;z y` '3 f 7 ,r . drdtlutaa Yo. 191 r ' rate e d ' . ItJtels. Myor ATTLTTt aide nllglaus, clariatla or aowatlooat p rpoua. t t. An avant Contacted Or sponsored for Rend raatog RUMORS by my 4. Tolltlnel perty.nOe{hited by fns late, b7 W) aedldate for pelletal Ottae. a7, Of any ddwlttse ed behalf at aush political party W'saedldate providing that tN {; AX at, procaeda rred ooedwtleg wa event are devotee edaly L A to the benefit of sacs polltltel party W for the aactloa of Suds candidate. C. To the fight Cr prlvilye to park a Motor vWlole wan s chard V" la adds through the use Or • wtar deeten and was won parutag is upm • Ctty f street or City cooed parking lot. Y D. To as frost wish to otMmted or goaaored by federal. state or ` !opal gwatawnal entity. 7 ] {,1 D All ta:u aellwW under a wthonty of this { N pa te tbe (want fund of the City. 3 RIM011_at The City Caumi! "red? declared aat,lt uwld have adopted the lneneo and ends Reacted, slisfotfm. aentsnes, atom, phate or anted tarot irraapeotive or one hot that uy and W son arotana, auaentlma. Sentences. causes, Wnns or Portland thamt be dedared invalid Or u matltutta l" then all Other provtsleda thereof shall reaaa is V twx tone am offset. .? ' ytRld Tt The HBYW shall am this Ordinance add tee City Clart Mall anus a the saw, am the City Clerk 9111111 auae the dew to he "It "" Within fln"A yes) days after Its paaage at laadt a �tt� ML lv "2M' a bc"Npsr of &Want olnuatlos, penllenad a Clgl =1". ttaterlo. California, dew circulated is the City of tango Clmeaedgs. California. FLUID. LPPW 9. add ADQFM this bed day Or April, 1987. ATE91 Pshl. Pgwt. 8dslosaar. Mona " Spat treat ALUNts bee d ' . ItJtels. Myor ATTLTTt aide Gt: .. _' == '� "�ib�.y �,i3e,. .. - - _ +• .�.�' pis i. 1• • e wt P�ry1Z ^LV� "PLICAnm FOR PEpurr 1) HARRYCHAN 1414 L)NM RMAVE. RWMIDF CA 92507 2) •HARRY C5- ;t 10677 FOOTHILL BLVD. RANCHO CUCMIONG& CA 91730 s_ 3) ' EMartsWkpnt Will be povIdsd by oho Disc Jockey dokv voub •T and ptrytrp reolyds rjg". 4) Eftf tahmeM will be pravldW rag* from 8.00 pm to 2:00 sm st 'HIM C'a• Rancho Cuanorpa at saw beatbn. 5) MkMad Mau - )' 6) •Rory C•a• is a Nl servke dmu luau f4m Wrp a rgO**rb who danekp and sarAV yaloft k bevenpas. i ' 7) Not Applic". 8) Not Appkable. OSlty87 /i ate a/4 Attachment IV' HARRY J. HISTEN A"OwNLt^1 VW 7 \O{ JN1VLw {ITV wV[NVC T.a we r�eew eTVaen,ea. ,..T.roIWZ& seem July 11, 1988 Chairman and Member of the Planning Commission City of Rancho Cucamonga 9360 Baseline Rd., Unit B Rancho Cucamonga, CA 91730 RE: E[iTE817lINMENT PERMIT 87 -01- nRY Cad - RECONSIDER TO MODIFY, SUSPEND OR REVOKE AN ENTERTAINMENT PERMIT GRANTED FOR A DISK - JOCKEY DOING VOCALS, ACT, PLAY, SHOW, DANCE CONTEST, BAND, BEAUTY CONTEST IN CONJUNCTION WITH THE RESTAURANT /NIGHT CLUB, LOCATED AT 10877 FOOTHILL BLVD. Doar Planning Commission Chairman and Commission Membars: Harry Cis, Inc., doing business as Harry Cis (hereinafter Harry Cis) and its owner Harry Chan submit the following informa- tion and argument in response to the staff report of Brad Buller, City Planner, by Otto Kroutil, Deputy City Planner, prepared July 13, 1988. The staff report prepared by Mr. Kroutil, contnina a report of the Public Safety Commission following a hearing on June 7, 1988, as well as a number of complaints from the Fire Marshall, Sheriffs Office, and Planning Division. Although the reports of the various agencies will be consid- ered individually below, Harry Cgs requests that the commission review the Public safety Commission recommendations and the appli- cant's request for an expansion of the use in light of the follow- ing acts and /or conditions: 1. The Public Safety Commission hearing was held June 7, 1988, after notice of the hearing mailed May 31, 1988, leaving Harry Cis with less than a week to prepare its opposition. The staff report was provided June 6, 1988. The short time period allowed Harry Cis only to appear and answer questions and not time to prepare any formal response as is contained herein. 2. The marked improvement in all areas since the Public Safety Commission recommendations were issued June 7, 1988. 3. The fact that the Agency reports list specific instances or problems, and have failed in any way report the substantial effort of Harry C'e to comply with the letter and spirit of all ass RE: Entertainment Permit 87 -01 -Harry C's July 11, 1988 Pago 2 4 *fir laws, ordinances, regulations and recommendations. The commission r,- will find that Harry C's has retained and paid for, at the direc- tion of the agencies, consultants to reviev'the size and nature of the operation; has commissioned the design, development, and implementation of state of the art electronic fire safety siluip- ' ment used only by Harry C's; and other efforts which will be detailed herein. 6. The difficulty in some cases of dealing with conflicting ? requirements from different agenciest as well as conflicting requirements within an individual agency. S. The demonstration of utmost good faith by Harry C's in dealing with all regulatory agencies. 6. The room for honest differences of opinion, and the fact a; that Harry C's is ultimately financially responsible for any and all injuries occurring at its facility. 7. The position of Harry C's with regard to the actions of individual agencies are, for ease of review, attached hereto as Exhibits as follawst Exhibit A: Planning Division concerns Exhibit H: Sheriff's Department concerns Exhibit C; Fire District concerns 4 Exhibit D: Public Safety Commission report Exhibit Et Other agencies Harry C's believes that upon review of these materials, the Commission will conclude that Harry Cie is operating its facility in good faith, and that the sole remaining requirement for its continued operation is continuing coordination with the various agencies, allowing for good faith differences of opinion. Also required is a modification of the entertainment permit which will allow proper Planning Division oversite while recognizing the uniqueness and nature of Harry ^'s operation. Roe full' submitted, Harry J. Hinton, Attorney for Harry Cie, 1nc. HJH:vdc aio w ill � �'1 ��, ��� < i. PLANNING DIVISION CONCERNS The Planning Division has expressed concerns in two areast Landscaping, and the apparent use of Harry cis entertainment permit beyond the scope of that permit. 1.0. .armc� In an inspection on June 23, 1988, var sue former problems were found corrected in the landscaping On the Harry C's property. withethe problems sprinklingresulted systemland 3 )sore inattention; by)individuals traversing through or loitering in the parking lot area. As shown in Mr. Rroutil's Memorandum of July 6, 1988, the problems r essentially l corrected. substantial amount ofnplantingt replace ace deada Harry Bona broken Plants, and has repaired the sprinkling system. Harry cis also believes that with the use of uniformed secu- Hity personnel in the parking lot, as more fully described under "Sheriff's Department Concerns" (Exhibit "B "), the amount of damage done by individuals walking through the planters or commit- ting vandalism in the planters will be substantially reduced. 2.0. BNTRnT'iTtnr"um Harry C's concedes that it has On sons occasions provided entertainment at its facility which is probabl out of the scope Of its existing entertainment permit. While "ignorance of the law is no excuse," the entertainment ordinance in Rancho Cucamonga has been a unique situation to Harry C's. Harry C'■ owner, Z'!rry Chan operates six other restaurants, four of which offer substantial entertainment similar to that offered at Harry C'9 Rancho Cucamonga. None of the other locations are in jurisdictions requiring an entortainmont permit. Thorofare, at Harry C's, there has been not only an inexperi- ence with entertainment regulation, but this has boon compounded not having tendency consider all businanGes entertainment regulation. Therefore, while Ha_-ry CIO may have exceeded the scope o: the letter of its 1 conse, this was not dons with any conscious disregard of the city's regulations. It is submitted that the remedy in this matter should be to fashion an entertainment permit or license which accurately reflects the intended use, and which contains the ground rules for a cooperative effort batween Harry Cie and the Planning Division to provide maximum information to the division, a "veto power" to tha Division, and foster a upirit of cooperation. The only significant difficulty Hr. Chan has had since this matter was brought to his attention, was to devise the wording on the application which would accommodate the needs of the Comala- sion and his business. exhibita.hc E)(HIDIT "A" PLANNING DIVISION CONCERNS Page 1 • Ths entertainment at Harry CO: on weekends is, as stated in the original application, limited to a live disk jockey and danc- ing by patrons. However, during weekdays, and occasionally on a weekend evening, Harry U+• :oaks to provide other entertainment to attract business. The types of entertainment are very unpredict- able, as the patrons of the business are young and tend to follow the trends of a very trendy industry. The types of entertainment sought by Harry Cos clientele in greatly influenced by the mass media (i.e. Oprah Winfrey, Phil Donohue, Eye on L.A., etc.), as well as movies, videos and other creative media. Occasionally, contractual negotiation problems make significant advance planning difficult. For example, the recent Tyson vs. Spinks fight was to be shown on large screen T.V. pursuant to an agreement with that fight's prosmters. The promoters did not want to commit themselves to any price, and would not negotiate a final price until three days prior to the fight. The promoters were, of course, waiting is qet the feel of public interest in the event to gage the amount of their fee. Therefore, until the prices and other terms of an entertainment are set, Harry C's cannot state for certain whether it will or will not provide an event. These considerations, while extremely frustrating to Harry COG management, are tolerated due to the great potential for drawing of customers. The staging of these wants at Harry COs, by ivirtue of the entertainment tax, is also quite lucrative to the city. It in therefore felt that a reasonable entertainment license can be afforded Harry C's. 3.0. ]LMwwwnlmmnv �. In order to deal with all of the above concerns, and retain Planning Division control, Harry Cis would request a license continuing to allow the disk jockey form of entertainment as contained in the existing license, plus allow other events to be staged under the following criteria: 1. No event will allow more than three people un stage at any one tine, without prior consent of the Planning Division: 2. A schadula of all ovents for any given veek will be provided to the Planning Division two weeks in advance for their review and potential veto. In the case of an avant similar to the Tyson fight, if Harry COs were to schedule such and event with the Division, and ultimately not offer that entertainment, its enter- tainment that night would be limited to the disk jockey form of entertainment. Harry COG, of course, would weleor• any ether proposed direc- tive language which would maintain Planning Division control, and allow normal business operations. exhibita.hc EXHIBIT "A" PLANNING DIVISION CONCERNS Page 2 akq I yx SHERIFF DEPARI7ENT'S CONCERNS A review Of the Herorandum from R. Pepler, Lieutenant, Rancho Cucamonga Sheriff's station dated July 6, 1988, would Seem to dsince cis has 7substantial- ly 1988 Nevertheless, Harry C's would like to offer acme comment regarding alleged past incidents and the environment in which it operates. Harry C's is located on the outskirts of the Law and Justice Canter /Barton Plaza Development complex and near the busy (and parenn_ ally under construction) Foothill Blvd -Haven intersection. It is therefore subject to a number of overflow problems from the Law and Justice Center and business complexes, particularly rfter days, businesses' nol nyutraffic accident, or othe peventn weak- those for Sheriff'a assistance would most likely originate from Harry C's restaurant s there is virtually no other place for a victim or individual involved in an accident to originate a call to authorities. Harry C's has been advised in other restaurant facilities by law enforcement agencies, that uniformed security police often ns establish a confrnntive atmosphere and cause as many problems they correct. Harry C's has, however, at the recommendation of the Sheriff's Department provided two uniformed security personnel from sunset until as late no 6:00 a.m. to patrol the parking lot and restaurant. As shown in Lt. Poplar's report, there have been only throe incidents sinco the June 7, 1908, meeting. The incidents were: 1. A car theft in the streat 300 feat fr`e Harry C'9 park!.ng lot; 2. A lady who was aneniC and required paramedic's assistance; 3. A fight in which one punch was thrown, and was broken up by Harry C'a personnel. ',`his fight was nevertheless reported to the Sheriff's Department, but resulted in no arrests. The list incident indicates a conflicting policy which at times causes concern. The Sheriff's Department ham requested that any such incident regardlaaa of how smali, be reported to it by Harry C's. marry cis gladly complies with this request. A poten- tial problem arises, however, if Harry C's .s to be judged b,' the number of such incidents. exhibitb.hc EXHIBIT "B" FIRE DEPARTMENT'S CONCERNS Page 1 as i 0 'S .• -_ ___!._�_�s.v,..t,..,y- _ �r .,stars + ^''1'•1 . +�'= It must be barn* in nind that Harry cls'services up tora thousand customers a day,.and can have in excess '> of 300 said customors"on ths� promises at any one time.' It is required by lea to check IDs, and to retuse.admission to;those who are under ' age, or obviously intoxicated. Furthermore, it'•must remove any.� patron who is bocoming obviously intoxicated. rt.'G Each tuna Harry C92 yarsonnal carry, out one of.theas duties, a potentially violent incident arises. Again, Harry cis gladly accepts its responsibilities with regard to th��yye matters, =and believes that the security,guard ; relationship with installed has the sheriiSfsestation is done ing an ongoing requir- ing continual Niine tuning.4 ' oxhibitb.hc EXHIBIT ■B° FIRE DEPARTMENT'S CONCERNS Page 2 �.,aa m W;l . r , 'Ni p;Warr c FIRE DISTRICT CONCERNS District appearitoscontainathenmainnthru ttof complaints,tandPire Harry C's believes may be perceived is indicative of a "don't cars" attitude by Harry C's and Harry Chan, What the District fails to relate is tho incredible efforts undertaken by Harry C's to resolve the problems, and.the fact that the problems could be resolved by a more conciliatory attitude by all concerned. Prior to eddressing the specific complaints of the Fire District, some history is, therefore, in order. _ 1.0. H28'PDRY er 7rlVe nra.nor..w ne. +�........ Shortly after the opening of Harry C's, the Fire District issued a maximum occupancy count that was believed by Harry Chan 1 to be grossly inadequate. Rfter substantial discussion and nego- tiation on this point, it was recommended by the Fire District F that a consulting firm in San Diego which is used by the State and Firs Hareball be retained to determine the appropriate occupancy count. This study was to be done at Harry C's expense. Mr. Chan agreed to this, if the results of the inspection would be binding on the parties. "_'hat study was in fact performed at Harry C's expense, and it was determined by the outside consultant that an occupancy count of 479 was appropriate for the establishment. This is in excess of the total sus of 741 dictated by the Piro District on November 20, 1967. The report also stated that the number of exits pro- vided by Harry C's was in excess of those required for such an occupancy load. Havarthelass, Harry C's has continued to attempt to implement all instructions and recommendations of the Fire District. The District objected to certain tablcs being free standing in the bar Harry removed those tables and installed built in tables upon patrons could place their drinks. The District complained that if the disk jockey music was very loud, patrons might be unable to hear the smoke alarm if ,it went off. It directed Harry C's to install an automatic system in which the activation of a fire alarm would shut off power to the W table, and the A7 would then pueh a single button which would lower the big screen video screen and display on that eereon as well as all other television screen in the premises exit instruc- tions for the patrons. To Harry CIO knowledge, no such system was producsd by eny manufacturer, and a subsequent search found no such system. Harry C's then retained an electronics consultant to design, manufacture and implement such a system. This system has bean installed and works satisfactorily. exhibitc.hc EXHIBIT "C" FIRE DISTRICT CONCERNS Pago 1 There was a complaint that during a small fire the system did not execute. The fire was slightly larger then an ash tray fire, and was put out almost immediately. The smoke from the fire would not approximate the amount of cigarette smoke normally in the building, and therefore was insufficient to cause emergency proce- dures to take effect. This setting of the system prevents the issuance of many false alarms at the restaurant, and also elimi- nates the risk of injury to patrons exiting under what they be- lieve to be an emergency situation. The Fire District has had many concerns about tables and chairs, primarily in the bar area, being moved by patrons and blocking passage. Harry cis has hired additional personnel whose sole obligation is to patrol the restaurant and bar at buoy times to insure that customers do not block the ex::s. It should be noted, that even this inspection cannot prevent a blockage occurring for a very short period of time until it is discovered. This is a situation which can only be controlled by constant vigilance, to which Harry cis is committed, and has been since long before the June 7, 1998, Public Safety Commission hearing. In order to control capacity, a very complex counter system has been installed at all exits in which Harry C's personnol using "clicker counters" count the number of people entering and exiting through the various entrances and exits. These counts are commu- nicatad every ten minutes by walkie- talkie to insure an accurute count. In order to obtain an accurate count Harry C's has since shortly after its opening used theater ropes to divide large door entrances and exits. This not only provides and accurate count, but allows checking of IDs and checking of obviously intoxicated personnel. In the week of July 5, 1988, Harry cis was notified by the Fire District that it can no longer use these ropes, not- withstanding long tern success, because ouch ropes might block an exit causing exiting patrons to trip. Harry C's has not made a final decision on the use of these ropes, as it believes that they enhance compliance with other regulations and promote overall safety. ` At the request of the Department an additional exit door was installed. The District advised that the exit signs would have to be installed, inspected and approved by Building and Safety Department. When that was completed, the Fire District objected to the sign and requested new and different exit signs to be installed. Harry Cis complied with that request. One exit on the south side has a step down feature. Normal hand rails were installed in both sides of the steps to insure safety. The Fire District requested hand rails extend along the exhibitc.hc EXHIBIT "C" FIRE DISTRICT CONCERNS Page 2 ass length of the planters to insure that the people would go directly to the sidewalk rather than the planters. Harry C's cnmpliod with that request although it did not concur in its value. on the completion of that task, the following day the Dis- trict stated they were not sure there was enough light at the exit. Harry C's installed a now light. After final inspection and approval of the Harry Cis facili- ty, the Fire District requested additional fire alarms. Those fire alarms were installed without question. To Harry Cis knowledge there has been only one recommendation by the Fire District that has not been complied with. In this recommendation the District has requested that the stools along the bar in the bar area be chained to the bar. Harry Cis has not complied for a number, of reasons including the following: 1) These chains would be dangerous to people getting up off bar stools as the chains would be easy to trip over. This particularly risky for women wearing high heal shoes. 2) If a bar stool were to fall during an emergency situation, in which patrons were attempting to exit rapidly, it would be extremely difficult to pick -up or remove the stool and could have just the opposite affect of that desired by the Fire Department. Without chains the bar stool could be thrown in_o the bar area and therefore moved completely. 3) Restaurant liability. While Harry C's httempts to comply with all requests of the Fire District, it must be at least considered that the entity and individual ultimately liable for injuries suffered by customers of Harry Cis will be Harry Cis, Inc., its owner and insurers. In this Case, Harry Cis has made a good faith determination based on past experience, consultation with restaurant personnel and counsel, that the chaining of the bar stool would significantly increase the risk of injury to patrons both in emergency and non - emergency situations. Harry Cis therefore his respectfully declined to comply with this request. It should also be borne in mind, that Harry C's is a fine dining house, and the appearance of furniture being chained to walls, with the resultant problems in cleaning and maintenance, would be offensive to customers. The Fire Marshall has stated that he desires to make Harry Cis an example for all future restaurant to follow. Harry C's has no particular quarrel with this goal, as it has long seen itself as being on the forefront of restaurant and entertainment facili- ties. There are, however, as demonstrated above, legitimate areas of disagreement. There axe also areas, as with the bar stool situation above, which may one day be resolved by a creative idea either by someone at the Fire District or Harry Cis. If such an idea should be forthcoming, Harry C's will gladly consider and, if appropriate, implement the solution. exhibitc.hc EXHIBIT "C" FIRE DISTRICT CONCERNS Page 3 oac'= While the above is not an exhaustive list of the efforts made by Harry Cos to satisfy Fire Marshall criteria, I believe it indicates that Harry C's is willing to go to any reasonable lengths to Satisfy the District's requirement, subject only to areas of logitimate disagreement. Harry C's also fools that although it was able to demonstrate by virtue of the consultant discussed above that its capacity is greater than originally believed by the Fire District, and that it has excessive exits, that the Fire District, while recognizing the increased numerical limit, has not recognized the fact that the additional occupants in the restaurant and bar do take physical space. Therefore, although the numbers have been allowed to increase, the Fire District has not allowed the additional patrons to take up space. Harry C's does not believe that this was a conscious decision, but believes it is something the District should consider in its rule making and recommendations. 2.0. AT.GWRTI vrnrs".*nvo On May 8, 1988, (Mother's Day), Harry C's manager allowed tables to be set up outside on the patio area under a temporary tent. For this Harry C's vas cited for being in violation. Harry C's concedes that this action was not proper, at least without advance permission, and will not repeat the error. With the ludedto following pthe nPubl c Safety dcomm.ission meeting eofaJune 7, 1958, there have been no violations for a substantial period of time. on June 22, 1989, there van a meeting with two individuals from the Foothill Fire District, and various personnel from Harry C's. Among other things in that meeting, it was determined that a drink table was appropriate behind the hostage station in the lobby. It was also determined that managers would be cited for blocked exits and over crowding. On June 29, 1988, Susan Wolfe, Fire Inspector /Investigator, inspected the premises at 1:15 p.m. and found that patrons had moved a chair into an exit door area. The next day at 3630 p.m. she returned to issue a citation to a different manager. That manager, was a new manager with the company, and obviously was upset about receiving a citation for something that happened vhen another manager was on duty. The inspector insisted on seeing :he manager's drivers license, which he did not have in his Possession, Subsequently, she issued him a citation for a drink table being in the lobby area away from the hostess table. It appears that what has happened since the Public Safety Commission hearing (and really, well before) i0 that the situation during busy nights is wall under control at Harry C's. The in- spector has therefore chosen to issue citations for a table being exhibitc.hc EXHIBIT "C" FIRE DISTRICT CONCERNS Page 4 aaq out of place at 7:30 p':m.'in the afternoon. During'this time, although the facility is open, there.were no individuals in the restaurant, and only two patrons!in the bar,-,area. The, restaurant was being cleaned including.vacuuming and polishing of"the floors and tables and chairs were moved by the cleaning personnel. Nevertheless-, Hr. Chan has caused the,drink table.in +the hostess station to.be, chained to the wall regardless of appear- ance problems. (The purpose of that table is to allow patrons to place their drinks somewhere before entering the rest rooms,. thereby avoiding the risk'of injury to broken glass in the tiled rest rooms. " 3.0. SUMMARY, Harry coo respectfully submits that it has bent over back- wards to comply with requests, commissioned expensive studies, developed now state of the irt. technologies and hired additional V personnel to keep its premises within the guidelines., This activ- ity commenced long before the Public Safety Commission hearing in June. ,. Harry C's does not contend that the movement of furniture by patrons is not a problem, it only contenda that that problem is an 4; on going problem with any such establishment and can only be dealt with by continuing vigilance. An analogy could be mado to proca- `, duras of the Health Department which will evaluate a restaurant 'R+ for cleanliness and compliance. it is not expected that an in- spection of a kitchen of a large restaurant will turn up no viola- tions. Therefore the Health Department has adopted a grading ' system where a 90% rating or above will award the restaurant an "A" rating. Continued cooperation and surveillance if these inherent problems must continue on an on -going basis, and 'hopefully in a lose adversarial manner. cxhibitc.hc EXHIBIT "C" FIRE DISTRICT CONCERNS Page 5 aa$ M: - 'M PUBLIC SAFEW COMMISSION FINDINGS AND RECOIDUMCDAWIONS On June 7, 1988, Harry Chan Appeared With�CoUfisel meeting of the Public Safety commission. �41 at the The report submitted to that Commission was received by -Mr. Change counsel through his messenger on,june 6, 1988. Mj�'..,Chanfs counsel, was engaged in,,trial inikivorsids,superior Court`:a�d therefore virtualli no.tino Was'ifforded Harry,C1 to," proper r*sponsa. 2 a, J -Therefors� thi;,acle response'%wai to aPpsar, , -and attempt to answer questions regarding viOlRtiOnNf!knd no evidence I;= regarding the substantial on going efforts to improve the,facility and its operations was included. Therefore,- the Public SAfStYCOmmission received a very strong impression that Harry Chan and Harry Cgs, Inc. was indeed a "acofflaw" operation. A number of recommendations of the Public safety Commission, through the various regulatory and enforcement agencies have bean implemented OuccsssfUlly as discussed in other Exhibits attachad to this response. It Is likely that had adequate r4sponds tine been afforded, the tenor and thruat of the Public Safety Commission's findings and recommendations would have been substantially more approving Of activities at Harry Cla, and that certain recommendations made and followed would have been an a more positive note. .�-*L-bc:D exhibitd.he EXHIBIT "D" Page 1 PUBLIC S:VM COMMISSION FINDINGS AND RECOMMENDATIONS JT ttC 4 A OTHER AGENCY CONCERNS -+' In additin: to the matters already dealt vitb�in this re- : X14 oponse, Harry Cls- h.;c,- .sincs its inception hsd3nuaerous situations where different agenciic; wo uld isaVO directly sults. - - conflictinq' re- "e i.`. One such conflict was raiseQ bcfdre,�tha public safettCommis- pion, in which ths'anginssring Departaisnt'oh4ecta4 x ._ to aadLrr liras in the center divider Radian oW the load outsi1G1tHa: .ry.C�■ '* parkin g lot being painted red. The planning Commission started to�order that the red paint be removed from the median. �+ The Fire District then intervened and statid that it was its request that the median curbs be painted red to avoid parking problems on the strut and median which blocksd,,tli• " access of;- emergency and other vahiclri. The complex developer James Barton then informed the Commission the median was his!conuern` not that of Harry CIO. The mediarrremainsd red awaitingg's resolution. As always Harry CIO will glAdly implement the docicion it is _ when reached. A number of other such occurrences have taken place involving agencies who have not reported to the Planning Division in this report. Harry CIO would merely reiterate its position thtt implamen- tation of an irstruction or recommendation is not always ae simple as it may sound, and that there computing interests on both aides of many of these issues. exhibito.hc EXHIBIT "E" OTHE'd AGENCY CONCERNS page 1 a3f2- -P A* achment V E. EHTERYAIWEW PERMIT 87 -01 - HARRY C'S - A consideration to arodffy, suspend or revo a an c, eairtee pe�{-granted for a disc jockey doing vocals, act, play, show, dance contest, band, beauty contest in conjunction with a restaurant /nightclub, Boulevard. located at 10877 Foothill Otto Krout11, Deputy City Planner, ppresented the staff report. He outlined the options available to the Commission. Yfce- Chafraan Chitfea opened the public hearing. Harry Hfsten, 3656 University Avenue, Rfver:lde, California, attorney far the appltcsnt, presented a written report outlining tha applicant's attorney for he this matter. He edvlsad that notice and receipt of the Public Safety hearing was so short he was unable to properly prepsre for that meeting. He did not feel there was a real f1 re situation at the restaurant and stated that the applicant had done over: to covgly with Use wishes of the Fire and stated thaatrho did not elieveethere owasianfire situation relativeitorthe capopy erected Mother's V since he believed the canopy was ltss that 200 when theerestaurantawashclo edrand itheocleaning violation crewahad moved a table in front of the door to buff the floor. 8111 Thoms. Fire Consultant based in San Diego, advised that he was contacted by Harry Chan at the request of Fire Department to resolve a problem with the assessment t o1 the nrestaurant andddevl. Man exiting NO stated he made m full meet the needs of the fire department and operatienal plan eeds of Harry Costs He stated that Harry C's has twice the required number of exits legally required for the occuparry load and believed all life safety concerns were rare than adequately met. He considered the routine violations issued by the F -re Ofstrlct to be cedmonplace 1n this type of business. Jim Barton, 10621 Civic Center Drive, Rancho Cucamonga, asked for an Opportunity to address the COmmfssion at the conclusion of the Fire District's and Sheriff's Department presentation. Ralph Crane, Foothill Fire District, presented an addendum to tole Commission Outlined to recent t dmmtaoProfi Profitable s1 ess the LF�ei� {Ly but too ensure the safety of the people using the facility. He advised that the Fire District would prepare a formal response to Mr. Hlsten's position letter. He maintaining Fire he but tIn fire Dro ection sy Public the Fire District depicting violations at farry C's. We advised they would not support t expansion of the use until 1t's proven th,,t the management of Harry current permit cl 0 days tto moritdr the sltuatlonHe Supported extension 4)f the Planning COmmission Minutes c;z -�� -6- July 13, 1988 i Commissioner Emerick questioned the additional amount of staff time to bring Harry C's into code enforcement over a typical restaurant that might be mor_ compliant. Mr. Crane advised that since January approximately 120 man hours had been expended on Harry C's related issues, which was far in excess of what would be expected. Vice- Chairman Chittea asked if more violations occurred in correlation with the entertainment activities. Mr. Crane pointed out that the reason for the entertainment permit is to attract People. During times of greater crowds is when the risk 1s highest. Commissioner Tolstoy questioned the unreported fire situation referenced in the Fire Districts report. Mr. Crane advised that the Fire District was made aware of this situation by a fireman from another city. He reported the fire was extinguished by Harry C's employees with a fire extinguisher. He pointed out that most fires start out small and get nut of control quickly. Robert Peppler, Rancho Cucamonga Sheriff's station, advised that with the drasticcallyiredued. He advised that 14.9 Chanshadamet with service Lt. Zeiner and seemed open to suggestions made and concerned with what he can do to keep on top of the situation. He reported no maior activity since the Sheriff's Department origiadl memorandum of July 6, 1988. Vfce- Chalrsan Chitlea asked if the Sheriff's Department saw any correlation between violations and the late hours of operation. Lt. Peppler stated there will be problems with this type of establishment no matter ►hat City it is located in given that it ,ernes alcohol and the type of crowd it attracts. He stated that the bulk of the calls occur between the hours of 10:00 P.M. and 2:00 A.M. Vice- Chairman Chitlea asked if limiting the hours of operation would be of benefit. Lt. Peppler stated that the Implementation of uniformed security guards has helped. He advised that Mr. Chan stated that the uniformed security hired for this establishment was of a high quality and from the response during the last month that seems to be correct. Commissioner Blakesley questioned where are the guards are located. Lt. Peppler advised that both uniformed guards were 1n the parking lot during week ends, with plain clothes guards inside the establishment. He pointed out that most problems have been in the parking lot a 35 Planning Commission Minutes _7_ July 13, 1988 Vice-Chairman Chltlea asked if there were any problems after hours in the parking lot. Lt. Peppler advised that there were problems to the past; however, the uniformed security guards now stay in the parking lot until it clears out. Mr. Chan referred to the Fire District's slide presentation and stated that no restaurant to the entire City would pass inspection for Mother's Day because of the large crowds. Vice- Chittea asked if there were not other places the items blocking exits could have been stored away from the exits. Mr. Chan stated they could and would do a much better job next year. Jim Barton stated that the fire life safety of this facility far surpasses any realistic fire code requirement of any facility in Rancho Cucamonga. He advised that Mr. Chan had cooperated fully with the Fire District. He referred to the instance of the ash tray size fire and stated the staff of Harry C's is knowledgable of what to do in that situation, therefore, the situation was handled before the district had to be called. Hr. Thorns re- emphasized that the facility meets fire safety more than adequately, but concurred that this system must be maintained. He advised that he would work with Mr. Chan on the maintenance of the system to assure that the instances reported would not reoccur. Mr. Histen reviewed the criteria for denying an entertainment permit and did not feel any of those criteria could be established. There were no further comments, therefore tht public hearing was closed. Commissioner Emerlck stated his original position was one of revocation; however, it now seems there 1s a systematic pattern of noncompliance of a lot of small problems. He believed most of the applicant's efforts as reactive when he wants someth,ng additional from the City and not one of compliance with codes. He was concerned with the amount of Fire District, Sheriff Department and staff time expended on Harry C's. He supported the implementation of the uniformed security guards to the parking lot. He believed the hours of operation should remain the same and not be limited. He did not support an expansion of the entertainment permit and suggested that- the use be reviewed again by the Commission in 6 months to assure that the applicant can comply over a longer period of time. Commissioner Blakesley stated his greatest concern was public safety. If the only violation occurred at times of heavy occupancy when there is the greatest risk, he consid,,.td it unpardonable. He stated that if everytime a situation of overcrowding occurs, exits are blocked then it doesn't matter how sophisticated the fire protection is if its defeated. He was concerned that agencies seem to have to go far beyond what they should in order to get compliance and was concerned with the attitude and responsiveness of the applicant. He pointed out that the Co®lssicn discussed uniformed security Planning Commission Minutes -8- 03G July 13, 1988 guards during the original review of this request, but the applicant was convincing that the plain clothes guard approach would be Just as effective. considerrllmitin2 theuhours�of operation uto besviabl� and believed �120ddays would be long enough,to get, an idea of whether the applicant Justifies public trust. In response to Mr. h'fsten's complaint relative to the short notice of the hearing, he stated that the City -has been working on this for 18 months with notification to the applicant occurring all along. He concurred that the requested expansion of the entertainment permit should not be etloaeed until the applicant addresses the problems that currently exist. Ne advise'that an expansion wmY be considered at a later ste, but not to the e;;tent requested. 11 Commissioner 7olstoy stated he was mainly concerned with public safety and fire and law enforcement probleax' that have occurred. He agree that fire safety violations cannot be excused. , He felt that it was unfortunate that it took possible revocation action on the part of the City to bring the facility into rt of compliance and concurred there seems to be a lack of cooperation an the the park gr lot to be afneces necessary requirdment. He felt the hours of guards ation should remain as currently permitted and agreed the use should be reviewed again in 120 days. He stated that when an extension of the permit is considered at a later date, he would be very careful of what kinds of activities will be expanded. He was uncomfortable with the range of items requested in the expansion request. Day asatarflaagranttviola!ion. Sheapointed fire doesn�ttmatter Mother's good the alaro system is if people cant get out of the building. She considered the violence and disruption in tka arking lot very serious, and if the situation could be brought into control with uniformed guards she felt it was an appropriate requirement as well as continuing non- uniformed enforcement inside the facility. Since neither the Fire District nor the Sheriff's Department considered the hours of operation as being a problem, she accepted the operating hours as currently allowed at this time unless a pattern establishes itself in the future. She stated she would not consider an expansion of uses until the current problems are resolved and concurred she would be very careful of the range of uses which might be considered in the revocation t baring the landscaping and admissionktaxeint scooyliancessiSSi1B supported the 120 day time period for review. the day review period, Could the item be�brou_nht beforeltheolomfosion sooner? Mr. Kroutil advised that it could be brought back sooner than 120 days if obvious problems occur. a37 Planning Coomission Minutes -9- July 13, 1988 Notion: loved by Blakesiey, seconded by Tolstoy, unanimously carried that a minimum of two uniformed guards should be required, the hours of operation could remain as currently ^!tabllshed, the permit should be reviewed again by the Commission in 120 days, ono that no expansion of the permit he allowed at this time. Staff was uirected to prepare a Resolution to be placed on the July 27, 1988 Planning Commission agenda. The conditions relative to the entertainment permit are to be identical to those originally approved, except as stated above. sisthiissue. Bhekeis�excied about havingithisf establishmentcin Rancho Cucamonga. Me felt if all items were brought into compliance and properly maintained, Harry C's would be a welcomed addition to the Commeunity. F. apentic Plan pertaTni to Community Trails. - Scott M"rphy, Associate Plann presented the staff report. Vice- Chairman Chitiea opened the ublic hearing. Patrick McGuire, Etiwanda residxn gestloned the necessity of traits on Etiwanda Avenue and the spacing of yards to this new trail. He felt they should be placed in a one mile span, believed that even though the trails were designated Community Trails, they re actually horse trolls constructed for the use of a small minority of citize There were no further comments, therefore tl% public hearing was closed. Vice - Chairman Chitiea responded the Mr. it n trails and explained they are community trails walk or jog as well as people who ride horses. Commissioner Tolstoy stated he always felt that a bad idea because of the projected traffic. He crossing residential streets, and felt the cros Pavement treatment as well as proper signing, I crosses sidewalks. s comments relative to the r use by people who like to East Avenue is a I with the trail receive special where the trail Coamissioner Blakesley agrees and stated as long as this is community trail and can be maintained by the City he would support the plat nt. Commissioner Emerick concurred with moving the trail off Eas Avenue but was Ofpthosetwhoefavornmore equestrian alternate trails. He trails that it keeps �hlcze thily arguments gives character to the community; however, could not support re p1 ement other than on a one for one basis based on the actual number of trail u ers in the City • Planning Commission Minutes -10- July 13, 1988 � Jun. 7, 1988 PUBLIC 8AP82Y COf41IS8I0M M17SVTr9 CISY OP HANCPJ CDCAlWNGA A. RRCOLAR MBrTIRO - CALL Tn ORDHR L. Pl.td¢a of Alleaiance to Pla¢ The Pledge of Allegiance vas Led by Co®issionar Dan Class. w e e e a e 2. Call to Orders a The Public Safety Cocmission mat on Tuesday. June 7, 1988, in the Council Chambers at the Lions Park Ccmmuaity Curter, 9161 Bus Line Road, Rancho. Cucamonga. The meeting was called to en'er At 7:00 p.m. by Chairman Clyde A. Boyd. Present veto Comaissionerat Nacho Gracia, Daniel Class, Bill Alexander, David Darker, Pet@ Amodt, and Chairman Clyde A. Boyd. Absent vas Co®issionart Patricia Quinttea Staff Presents Assistant City Manager, Robert A. Rizzo; City Engineer, Russell Maguire; Sr. Civil Engineer, Paul Rcugoau; Br. Administrative Assistant, Mark Lorimar; Code Enforcement Supervisor, Richard Alecto; Deputy City Planner, Otto Eroutil; City Clerk, Beverly Authelet; Chief Detais Michael, foothill Fire Protection District; Captain Eugene Gilmore, Sheriff's D@partmentl Lieutenant Bob Peppier, Sheriff's Department; Legal counsel, Debbie Adams. Hc1ph liansoe; and 9ceratary, e e e e e r City Clerk, Beverly Authelet, conducted the wearing in of the new Cosniosioner, Pete Amodt, and presanted him with a Certificate of Appointment. B. HEPIEV OF MIHOTHS 1. Aovrnval of Minutest April 5, 1988 May 3, 1988 MO:IONt Moved by Class, seconded by Alexander to approve thb minutes of April 5 and fay 30 1988. Motion carried 5 -0-1 -1 (Quintana absent, Amodt abstained). 2;057 I tM Public Safety Commission Minutes -1- June 7, 1980 #rrrrr C. COMMSIOf lOBIlt43 1. Tra Efie Safety .1 A. Staff Reports 1. Update b •c cna tnteneetiea -of Lemon Ind A ehibald. 8ts Pf report by Paul Rougeau, Sr. Civil [mginaer. Chairman Boyd asked Mr. Rougsau when he /budt this Could be •iaalizad. Mr, Rougeau stated it is not in the or 1980 -90 year, but it could possibly be moved up to that particular eeded. NOTIONt Moved by Alexander, seem , rker to accept staff's recommendation. -Motion carried 6 -0-1 intana absent). # 4 #� # /## Item C.i.C. was discussed at this pplmt of the meting. Refer to regular order Of agenda for discussion. 7 2 Pro pose, t ck mute ordinance. Sett repot[ by Paul BouBeau, 9!. Civl Bm¢i_wer_ ACTION= Report received an filed. rrrrr R 3 Aeewu 4CIIONt The Cow ssion concurred to give direction to staff to Pureua the dews lopment of L K, but first Continua to pursue and accelerate the Btiva,da and Nighla,d sig 1 and modification of the intersection. # R ♦ # r r 6. Review of olacement of crosswalks and stop ei¢na at the intarsaport ctiong b of Are hiball and Wilson and Nave, end Wilson. Staff report by Paul Rougeau, Sr. Civil Ragineer. Addressi the Commission van a� ■ Public Safety Commission Hiva -so -3- June 7, 1988 Lynn Lombardo, 8273 Hilleide, who stated sh/SO4. sure where thw icyrovemante had bean mad@. She felt traffic ling far too fast and that a atop sigr. vas narded at Archibald and ACIIOHt Report rseuivod and filed. f w w w w w w 2. General informatim A. Status of tact ectivitv in neho Cucamonga. Staff report by ACIIOHt Report received and filed. • / / *www B. Chairman Boyd asked whoa cot active action would be taken. Hr. Riaso stated it vas i the bands of the National Potast Service. Chairman Boyd asked at this matter be placed on the July agenda for Commissioner �aintan w be present for the report. wwwwee C. Review of law anforce"ot and fire 9p surion activity at 108:7 Pooth£11 Boulevard Rar C • dastaurant . Chairman Boyd asked the Sbaciff's Department to Siva the first staff report. Lieutenant Pppplar presented information to the Commissim cafe: ring back to their memorandum dated May 12, 1988. Chairman Boyd asked approcimately how much time is spent to patrol and answering service calls for this establishment. Liautonaot Peppler stated they do spend a lot of time patrolling this establishment. He indicnted they have increased the number of bouncers on duty. Commissioner Gracia asked if the Sheriff's Reserves could be used. Lieutenant Peppier felt this was not a very good idea because it would be taking them away tram couereial patrols, ate., and the filling in of officers that are on vacation,. 341 ■ 0 tt, Public 7afety Commission minutes -6- June 7, 1988 Commieatoner Class asked where the calls were originating from when there were r problems at Harry C's, and did Lieutenant Papplar feel they were coming from people at the astablisbamat. Lieutenant Pappler stated the calls were coming from both inside the establishment and outside of it. Chairman Boyd asked if other Harry C's had similar types of problem. Lieutenant Pappler stated !,as. Commissioner Class asked if there had beam any officers injured at Harry We. t' Captain Wants stated it has bean close on several occasions. , Commissioner Amodt asked if the people creating the problem were from the Rancho Cucamonga area. Lieutenant Pappler stated that it varied. _ Lloyd Almond, Division Chief /Fire marshal, Foothill Pizza Protection Diatrict, presented the next staff report. It detailed a variety of Piro code violations that have repeatedl: occurred.He stated they are still having problem with them mot meeting their occupancy limits. He also told of other fire safetyproblem they had encountered at Harry Wt. Chairman Boyd asked Chief Almond if they have told Mr. Chan about the fire code requirements. rhieE Almond stated they have done so both in wcdting and verbally. Chairman Boyd asked if other Harry C's have had the same types of problem that the Rancho Cucamonga restaurant is having. Chief Almand stated yes. Commissioner Alexander asked if fire lanes being blocked has ever been a problem. Chief Almnd stated yes. Chairman Boyd asked if Hr. Chan was ever resistant or uncooperative when told to do something to comply with regulations. Chief Almond stated he always expresses his own opinion on why he is doing things the way he does. Cormiesivaer Alexander asked if they have considered citing him daily if needed. Chief Almand stated they have considered that, b6 have not dome so as yet. Public Safety Coumission Minutes -5- June 7, 1988 Robert Hixso, Assistant City Manager, stated that Mr. Chao is consistently late with his Admission's tax payments alao, but that they are correctly up -to -date. (Back taxes were paid the aftornoea of Commission rating.) .. Commissioner Barker asked why the late penalties hal-e base waived. Mr. Risen stated that van an administrative decision. Otto [routil, Deputy City Planner, presented his staff report explaining about Harry C's Ent.ctaionant remit. He stated they era providing antertaimeant not included in their permit without permission of the Planning Commission. It a a a It a A recess was taken at 7t59 p.m. The mating van called back to order at Bt12 p.m. It a + t The Chairman asked if the licensee desired to address the Commission. Addressing the Comission were Jams Barton, Landlord for Harry C's, felt if he bad been notified of som of these problems that he could have taken care of them. He said be would see to it that all problem areas are taken ease of. Harry Histaa, Attorney for Mr. Chan, requested 30 days to work with the different City agencies to get these things worked out, and would report back to the Commission at that tine. Harry Chan, owner of Harry C's, stated he realisad there was a problem at his restaurant. He felt most of the problem occurred out in the parking lot, and that he wasn't aware of them until 80 days ago. He stated they are now keeping people from blocking the doorways with their chairs. Commissioner Alexander asked Mr. Chan if he knew of these problems that bad bean reported, why did he keep on doing them. Cbaimaa Boyd questioned him on the "people counter" be uses to make sure he neu how many people were in the building. The Chairman asked why Mr. Chan continued to violate the `i:e code after having been cited. Mr. Chan's attorney addressed the Commission again stating that he felt a for of the problems the fire department had reported had been corrected. The Fire Marshal indicated that the problems still were occurring. Commissioner Cracia felt that Mr. Barton should have been made aware of the problems prior to it coming to the Public Safety Commission. He indicated he would go along with a 30 day tim period for Mr. Chan to get things taken care and for Mr. Barton to get involved with these problems. 2-3 Public Safety Commission Minutes -6- Juae 1, 1988 Commissioner Glass felt Mr. Chan should investigate using uniformed security Personnel, and that be would go along with the 30 days to complete corrections. Commissioner Alexander felt any violation should be cited and that he would go along with the 30 day time period to correct the violations. He stated he did •t feel Mr. Barton was responsible for the problems. Commissioner Backer stated that Mr. Chan, not Mr. Barton is responsible for the Violations, and that Hr. Barton's comments were a saokescreen. Chaizmaa Boyd felt there should be a minimma of two (2) uniformed security guards on duty in the evenings. Be felt this establishment should be closed down should Ht. Chan's conduct continue. He did agree with the 30 day period to correct the probleau, and that if at the and of that time he had not fully complied, his entertainment permit be pulled. Commissioner Barker felt that all the issues should be cleared up, and that from a citizen's standpoint, Mr. Chan should have to keep current on all tares and PAT Penalties when applicable. He stated he had a problem with the 30 ay. ex:eesion, that he felt it should be closed nw, until all requirements had been met. He felt this issue should be sent back to the Planning Coamissioa to eonsidar pulling their permit or gat the problems taken Care of before the Planning Commission acted on this. Commissioner Amodt felt that if after 30 days all corrections had not been met, that the entertsiament permit should be pulled. He also felt there should be a contiaual evaluation of this establishment by the staff and Commission. WrION: Moved by Boyd, seconded by Barker to approve the following findings of fact: 1. The licensee has been the subject of persistent and repeated fire code violations which eadongar the public welfare. Specifically, the repeated blocking of hallways and exits, excessive occupancy beyond capacity limits, inoperative fire sprinkler gauge equipment, and failure to report a fire that occurred during business bouts. 2 The licensee has parsoes117 been previously and repeatedly advised of fire coda requiremeats and violatione. 3. The licensee has wilfully and repeatedly O loved an excessive and Prohibited number of patrons within the entertaiamant area (bar /disco), creating a public safety crowd control and fire safety hazard. Public Safety Coneiasion Minutes -7- Juno 7, 1988 4. An excessive and disproportionate amount of police time, manpower and resources have been expanded to police patrons at the licames's facility and to respond to calls for service. This drain on resources is above and beyond that noru2ly expected in ,uch an as 4blishmut, and has resulted in patrol deputies having to leave Lheir a signed beats in the City, thus leaving service levels in those ercos with an unacceptable level of protection in order to adequately deal with law onforceeent problem at the licensee's establishment. S. The liceesaa's plainclothes "security" Verde are grossly Inadequate and Inappropriate for both the nature of the licensee's buciaass and the excessive "O" nr of people attracted to the facility, both inside and outside the promisee. 6. The above nutters have been brought to the attention of the licensee by the police and fire service on ou=erous occasions, and a satisfactory level of cooperation and compliance has nut been achieved. Notion carried 6 -0-1 (Quint&" absent). Chief Almand also made sou additional to ®ants on the item that needed to be taken care of in the next 30 days. Russell Maguire, City Engineer, sated that et,e =adieu island adjacent to Harry C's Restaurant bad been illegally painted red, and should be removed. Jim Barton said be had painted the curbs, cot Mr. Chan. He arid someone had aced that he paint the median rod, but he would remove the paint if that is what the City wanted. MOTION' Moved by Gracie to great Mr. Chan a 30 day extension to complete the items of correction. Motion failed due to lack of a second. MOTIONS Moved by Barker, sece nded by Alexander, for the Public Safety Co ®issicn to forward Chair finding. and recommendations to the Planning Commission, that if the corrections are not made by the time the Planning Co ®fission Duet., that the Entertainment Permit be revoked by them based on' -thi findings approved above. Motion carried 3 -1 -1 (Craeio voted co, Quintets absent). o f o f e a A recess was taken at 9'30 p.m. The meeting van called back to order at 9'44 p.m. a e a o f a D. Overview of proposed 1988 -89 lev enforcement budget. Staff report by Cap41n Gilmore. M i i I I Public Safety Commission Hinttes -a- Chairman Boyd asked if the police aestiun van open t day new. Captain Gilmore staked they were as of ]foaday, June 6, / June 7, 198E :oar (24) hours per Chairman Boyd suggested a new release be placed ire/ the nevapapse announcing this action so that the Inrblic is aware of the ioer� /f d service level. Chairman Boyd asked what the status was on th signs. % e /Shasiff'a Department street Paul Raugssu, Sr. Civil Haginzer, stated they aka still in progress of getting them. / E. Dine "Lad of erinioal ius 4{Ce issues Leine California which will be subs -itad to the As /aeebly Comaittee on Publit Safety Chairman Boyd felt this should be refsrre,,t to the Sheriff's Department for their. input. The Commission concurred with this augBertion. **1* ** D_IDEIRIPICATION OY ) Me PCH FurURE AMMC.9 I. Commissioner Amadt at" /tidh had a request fro m the Principal of Dear Canyon School asking if ce could go it. at 19th Scree: sad Hermosa. Chairman Boyd advised Ccmmine mot that Engineering would be requested to investigate this add report b 2. Chai/Bk requested progress report on the motorcycle program. 1. Chaiasked f the figures on traffic enforcement fines received, Fnth l and to the motorcycle program. 4. Chaifelt he need for the stop sign at Amethyst and Nilson should be rd a the matter for discussion. * * H• COM MUOLTIONS 1SDN TER PUBLIC No eomuns made from th e public. * * * * * * P. ANSMCtKNUM 1. Cha. nnounced thmt Robert Rizzo had been selected ad the new City Kan 7r for the City of Hesperia. I a+�o U Public Safety "ission MinuteX., June 7. 1988 ' 2. Chairuan Boyd .mounted thsioner David Barker had been selected as the SuparinteL It of Schoaldwin Park. * * * C. ADJOVMOQr NDSIOBt Moved by Alexander, seconded by Boyd to adjourn. Motion carried 6 -0-1 (Quintsua absent). Meeting adjourned at 10:29 pm. Respectfully submitted, c�v�.lf�j �ixlrY /)Q/ Debbie Adams Secretary Approved: July S, 1988 -�;4 v 8 e. t� i TO: FROM: BY: SUBJEZT: ■ CITY OF RANCHO CUCAMONGA STAFF REPORT 1988 Mayor and Members of the City Council Brad Buller, City Planner Otto Kroutil, Deputy City Manner ENYIROWENTAL ASSESS.W AND DEVELOPMENT CODE AMENDMENT amendment e r, (;nap ter , o e nc o Cucamonga Municipal Code establishing minimum required sizes for multi- family dwellings. I. RECOMMENDATION: The Planning Commission recommends approval of serTpeent Code Amendment. If the Council concurs, approval of the attached Ordinance would be appropriate. II BACKGROUND: This request was originally initiated by the City unc as part of the rcvlsions to the Development Code. In February of this year, the ..ity Council directed the Commission to review the need for mirdm,m size requirements in multi - family projects. The Council dirty ed that the Commission study and make recommendations in two areas: 1 Develop criteria fee minimum unit sizes by unit type, i.e. studios, one- Ledroma units, two- bedroom units, etc , to assure adequate living space in each type of dwelling; and 2 Develop criteria for an appropriate mix of units, to avoid everconcentration of smaller units in any one project. The Commission reviewed these issues on several occasions, and conducted a field trip both locally and in Orange County, in order to see actual examples of unit types ana sizes. The attached Commission reports of March 9, 10y 11, and July '3 contain mere detailed information. u Y 2P7 ,$ :ey+v -'zn CITY COUNCIL STAFF;REPORT-• DCA 88 -06 - CITY OF RANCHO CUCAMONGA August 17, 1988 III. PROPOSED MULTI - FAMILY UN[i SIZE R UIREMEHTS: At this time, there are no s ze raga reams n Place. a Planning Commission recommends the follouing HEN miniamaa standards for all multi - family projects: UNIT TYPE MINIMUM SIZE REQUIRED MAXIMUM NUMBER OF UNITS Efficiency/Studio 550 sq. ft. 10% of total " One Bedroom 650 sq. ft. 35% of total * Two Bedroom 800 sq. ft. no limit Three Bedroom (or larger) 950 sq. ft. no limit * NOTE: The total number of efficiency and one bedroom units combined cannot exceed 35%. 7 At the July 13 hearing, representatives of the William Lyon Co, raised an objection to the proposed 35 percent limitation on the number of efficiency and one bedroom units in any oie project. As a result, the Commission modified the proposed standards to ollcr a yreacer proportion of sma'ler units subject to a Conditional Use Permit. The attached Ordinance reflects this change. XR y s fitted, r BB:OK :te Attachments: Planning Commission Report of July 13, 1988 Planning Commission Report of May 11, 1988 Planning Commission Report of March 9, 1968 Initial Study, Part II Planning Commission Minutes of July 13, 1988 Planning Commission Resolution Recommending Approval Draft Ordinance Approving the Proposed Amendment aAf V I a• CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 13, 1988 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Otto Xrajtil, Deputy City Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND OEYROPMENT CODE AMENDMENT 88 -o6 - van ur N Lm uuLmu A - M amenment to Title 17, ap er , of e Rancho Cucamonga Municipal Code establishing minimum required sizes for multi- family dwellings I. BACKGROUND: Or, three previous occasions, the Planning Cowl Mon rev ew a request by the City Council to establish minimun Azze requirements for multi - family dwellings. At the Nay 11, 1988 meeting, several possible alternatives werw discussed. Tna Commission directed staff to develop an Ordinance establishing minimum size requirements, ranging from 550 to 950 square feet, depending on the type of unit. To avoid over - concentrations of small units, staff was also directed to include a 35% limitation on the maximum ratio of studio and one bedroom units in each project. This report outlines the most recent proposal for the Cmmission's consideration and approval. PROPOSED MULTI - FAMILY UNIT SIZE REQUIREMENTS: Based on the Commission's direction, the attached Ordinance would establish the following NEW minimum standards for all multi - family projects: UNIT TYPE: NIL. SIZE REQ'D MAX. kri. OF UNITS Efficiency /Studio 550 sq. ft. 10% of total * One Bedroom 650 sq. ft. 35% of total * Two Bedroom 800 sq. ft. no limit Three Bedroom 950 sq. ft. no limit (or larger) *NOTE: The total number of efficiency and one bedroom units combined cannot exceed 35%. aTO yyyZ.0 c '.i -_'pi ^exj,T,Yai _i 1 W� .1 �'��i• ..t �., *6 t1•� I � .. i i.i.'`If \Ya�tit����• PLANNING-C"ISSION STAFF REPORT RE: UCA 88 -06 July 13, 1988 Page 2 The Ordinance, as proposed, world also exempt projects designed for senior citizens from these requirements. II. ENVIR0IPIENTAL REMN: Staff has completed the en:losed Initial an I IdentirM no adverse enviroavental impacts which could result from this'Aeendeent. Therefore, the issuance of a Negative Declaration 1s recommenled. III. RECOMIENDATION: "The Comnfssioa should coniuct a public hearing and cons er pu c comaents. A04ptlon of the attached Resolution, recommending approval of the Development Code Amendment to the City Council is recommended. Res lly t , r Bul City ne BB:OK:ko Attachments: May 11, 1988 Planning Commission Staff Reoort with Attachments Initial Study, Part II Resolution of Approval Draft Ordinance 6z 51 iii '.w y CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: May 11, 1988 TO: Chairman and Members of t.1e Planning Commission FROM: Brad Buller, City Planner BY: Otto Kroutil, Deputy City Planner SUBJECT: MINIMUM UNIT SIZE FOR MULTI- FAMILY PROJECTS - City Council initiated s u o review minimum s ze requirements for multi - family dwellings. I. BACKGROUND: On two previous occasions, the Planning Commission 3�usse a request by the City Councll to review the lack of existing standards for minimum unit sizes in multi - family projects. On April 10, 1988, the Commission conducted a field trip and reviewed actual projects in the City and in Orange County. The City Council directed that the Commission study and make recommendations in two areas: I. Criteria for minimum unit size by unit type, i.e. studios, one - bedroom, two- bedroom unit;, etc., to assure adequate living space in each type of dwelling; and 2. Criteria for an appropriate mix of units, to avoid overconcentration of smaller units in any one project. In addition, the Commission is also reviewing multi - family setback requirements for the Planned Communities (also on tonight's agenda as a separate but related topic). I1. ANALYSIS: The attached floor plans and tables (Exhibits 'A' roilogi�G') illustrate the dwellings reviewed by the Commission during the April field trip. Many of the dwellings were relatively large, and in staff's view, quite adequate for their purpose. At issue are the smaller units and the question the Commission has to address is partly a matter of subjective Judgement: At which point does a dwelling become inadequate due to limited floor space for that particular type of unit? The tour included a 525 square foot 'junior' one - bedroom unit by the William Lyon Company, designed for one adult. In actuality, this is an efficiency unit with a bedroom area that can either be closed off or opened up ',)r a more spacious feeling. This was a well thought out design, given the very limitea floor area. Asa t s PLANNING C"ISSIO" STAFF REPORT HINIMUN UNIT SIZE • d1LTI- FAMILY May 11, 1988 Page 2 Another smaller unit on the tour was a more traditional 619 square foot one - bedroom unit in Terra Vista. This unit would typically be intended for occupancy by one or two persons (Exhibit *A"). Virtually identical, except for an additional bedroom, was an 811 square foot two- bedroom unit, ttyyppically occupied by two adults with or without a child (Exhibit 'B'). With all the units, the number of persons actually living in each dwelling is not regulated by Building Code or othe- City codes. In apartment complexes, the number of persons in each dwelling is controlled by the management, and ownership units such as condominiums, there are generally no controls at all. (Please note this is no different from single family residences. The only regulationsswhic c madyeaffect occupancy in any dwelling are health and public The result of this is that the choice of unit type for the renter or buyer to very much c private matter; in the rental and and entry I evel housing market, people generally tend to rent or buy the largest dwelling they can afford, regardless of the intended occupancy of the dwelling. III. ALTERNATIVES: Based on past discussions, City Council direction, ang—r-e-M—w-o-f field conditions, it would appear that some standards may be necessary to meet the City's goals. Staff suggests that the City's development regulations be modified to include minimum unit size requirements as well as provisions to avoid large proportion of smaller unit types. The following alternatives are suggested for discussion purposes only: UNIT SIZE ALTERNATIVES Unit Type A B C Efficiency /Studio 500 550 600 One Bedroom 600 650 700 Two Bedroom 750 800 850 Three Bedroom 900 950 1000 (Or Larger) Please note: 1) Senior projects should be exempted from minimum size requirements. 2) 1000 square feet is the recently established minimum for single family dwellings. Q_ 5- 3 Md UNIT S 1988-' UNIT MI% "CRITERIA: To assure that smaller units are not concen ra e n any one area or project, staff would suggest that a ppercentage limitation be placed on efficiency and possibly one - bed.00m units. ' For discussion purposes, the following limitations are suggested: Unit Type Efficiency /Studio (maxim= number of units): 10 percent One Bedroom (maximum number of units): 25 percent IY. RECOMMENDATION: Staff is requesting initial direction from the ann ng sslon, with the intention of scheduling- public hearings re the potential amendments to the Development Code in the near future. Res lly s itted Bra City P anner B8:0R:te Attachments: Exhibits "A" through "G" - Floor Plans and Size Tables 1 a64 C PARKVIEW PLACE 1 Bedroom /1 Bath 618 sq.ft. $48Soo a� s3ira gal I MO O — ^ KITCM DINING urN s �¢[ •EDROOM 2 ENTRY 011LltlNG LIVING ROOM MASTER SUITE MSATH 1 f1 t PATIO G�14//J f�Ori'JES PARKVIEW PLACE 2 Bedroom /2 Bath 811 eq.ft. $580Q° asc� �.r 4a �i C, i e v MASTER BEDROOM LIVING ROOM BATH 1 1 x` DN I DINING DO BEDROOM 2 m r. KITCHEN SECOND FLOOR I PATIO FIRST FLOOR Gg!5GY /5 ex7vwF5 MOUNTAINVIEW AT TERRA VISTA 2 Bedroom /2 Bath 835 sg.ft. 257 $645.0-0 CLOSET y ODRESSING AREA BATH 1 BATH 2 MASTER SUITE 9 e WALK -IN CLOSET DRESSING AREA MASTER SUITE 2 ENTRY L ' FAU I I P KITCHEN LIVING ROOM DINING PAT.10 i i _- GEt -fii5 f�o�r�l� SYCAMORE TERRACE 2 Master Bedroom/2 Bath 1019 sq.ft. a5$ r $715.0 0/ �a*lf�L" e� I TERRA VISTA MULTIFAMILY PROJECTS) SUMMARY OF UNIT TYPES, SIZES, AND PROJECT AMENITIES COMPLETED PRnlcrre ' - Mountalnview .♦ T iya FT TR 12402 - Park view PI 52 2- BR /2 -BA 2- MbR /2 -BA 974 Pools (2), recreation 32 40 40 40 Efficiency 1- BR /1 -8A 2- SR /2 -BA 2- MBR /2 -BA 473 619 811 1383 AMENITIES Barbecue area, laundry room, pool, pats, spa, tennis courts (2) FUTURE PRnJECTS (PLANNING COMMISSION APPROVALS) NO TYPE 0 FT. A)i N1MM TR 13270 - Hich Style (394 unity) 152 16 TR 12369 - Mountalnview .♦ T r e Vfete t270 967 dryers In cll units, 96 2- BR /2 -BA 2- MbR /2 -BA 974 Pools (2), recreation "` $( 68 60 2- BR /1 -BA 2- 6R /2 -13A building, spas (3), 739 Barbecue areas (3), 67 2 -BR /2 1/2 -BA TH 811 933 laundry roo¢e (3), 67 3 -BR /2 1/2 -8A TH 1,168 pools (2), spa TR 12672 - Sycamore Terrace (128 units) J a 48 40 1- SR /1 -BA 2- 81/2 -84 668 Barbecue area, attached a, 40 2- MBR /2 -BA 892 1,019 garages, laundry room, pool, spa, weight room c 7R 12673 - Evergreen t393 units) 76 72 1- BR /I -BA 2- BR /1 -BA 619 Barbecue areas (5), 68 2- SR /2 -BA 795 Bit basketball court, individual washers and 108 11 2- MBR /2 -BA 885 dryers (in some units), 58 2 -BR /2 1 /2 -BA 3 -BR /2 1/2 BA TH TH 935 laundry rooms (2) , 1,168 pools (3), spas (.), tot lots (4), volley- ball court FUTURE PRnJECTS (PLANNING COMMISSION APPROVALS) NO TYPE 0 FT. A)i N1MM TR 13270 - Hich Style (394 unity) 152 16 1- BR /1 -BA 700 Individua washers and 2- SR /2 -BA 967 dryers In cll units, 96 2- BR /2 -BA 2- MbR /2 -BA 974 Pools (2), recreation 56 3- BR /2 -BA 1,053 1,177 building, spas (3), tennis court% a 5� e x.+� -a23 FLSw�1, 1 4S. n y�, .A .1. 9p FUTURE PPOJECTrl (PLANNING COMMISSION APPROVALS) - ccntinued (JQy TYPE S2Q.FT,_ TR 13273 - EKesut(v^ it (256 units) BO 1- BR /1 -BA &B2 BO 2- SR /2 -BA B9B 96 2- MBR /2 -BA 1,02' 'ti• R FUTURE PROJECTS �+ NO. TYPE 1,250 TR 13717 (412 unl`,g_) , a„ J 1,410 wading pool 851 Barbecue areas. 2- BR 12 -BA individual washers and 1,109 2 -BR /2 1/2 BA pool, recreation 3- BR /2 -BA builuing, shade 3 -OR /2 1 /2 -BA h sport court, tot lot 3 -BR /2 1 /2 -SA 3 -BR /2 1 /2 -BA TR 13272 1240 units) 94 2- RA /2 -BA 102 2-SR /2 -BA 64 3- BR /2 -SA CKFic Jc /d1y799B SOFT. AMENITIES 0arbecue areas, individual washers and dryors in all units, pool, recreation building, shade structures (3), spas (5), sport court, tot lot AMENITIES 77 959 Garages, individual 1,100 washers and dryers in 1,070 all units, pools (2)1 1,250 recreation building, 1,350 spas (2), tot lots (3), 1,410 wading pool 851 Barbecue areas. 918 individual washers and 1,109 dryers (in some unita), pool, recreation builuing, shade structure, spas (2), sport court, tot lot O� t (X • 5' b 6 u � � C 6 a� a� a $P a ■ � a a a� P P m O .I g I P 0 w e s O n A tl wrV:�4r n'l a s � e S m wrV:�4r n'l Fill LOF* TfM STIEVERADo Plan A One BadmmDr a Path gee Squwe Poet M expansrro rmng room %*I a separate dntrp area hrghiphts then open -style interior design The inW$she rMSm. master tx om suite boasts a large walk -in otoot lvM mirrored wardrobe RMPDM SA.NMGO Plan B On* Bedroom V/hh A Lott Or* Bath Bg5 Square Faat- Dramahc racked ceilings in tM Imng area create an ermronmeni that is welt -surfed to both festne enlertainhig or gwelrelaxabon ;z 7RgBUCO H /C�f/GF,'.t/P5 �i°Ai4TiL1E.C/T5 !W/GG / ,4iCl t yav er�plyp "g w { ��r ■ r` THEE E .• SADDLEBACK } Plan C Two Bedroomis wo Bath, 882 square Feet C Two soamrs master bedroom suites, both ^: with vaulted ceilings and one with a unique o bay window make a boa interior design statement tat win pHase tt0 most disaimuhati g resident's taste. I / ld 0 Lam Y• ,I MASM LrMr ul BELL BEDROOM ROOM ` '.1 TIM SERRANO Plan E TWO Beddroomawo Bathe 1,000 square Feet The cragina'Neydasigned bay window dining area opens to a spacious Irving room and Cory fireplace nris plan also trlCkldea two impressive Raster bedroom suites. sash with its Om prrhatn NO - F T'�f3000 f-J /EHG�•C/,� ,rPf�RTiLIE�C/T5 7145 MIZ-ZIA0 41yov ro��.sv,✓ �� .�•, i I DATE: T0: FROM: BY: SUBJECT: r., CITY OF RANCHO CUCAMONGA STAFF REPORT March 9, 1988 Chairman and Members of the Planning Commission Brad Buller, City Planner Otto Kroutil, Deputy City Planner ;ftl t'Cs MINIMUM UNIT SIZL FOR MULTI- FAMILY DWELLINGS - City council n a e s u o review e size requirements for multi - family dwellings. 1. BACKGROUND: Recently, the Planning Commission discussed a request yb�ie My Council to review various development standards in the City, including minimum unit cues for multi- family dwellings. The Commission requested additional direction from the City Council on the unit size issue. On February 17, staff asked the City Council for clarification of the problem. Staff indicated that the Commission needed a better understanding of the Council's perception of the problem and presented three options for Council consideration: A. If the problem is that some units are tou small for their type, resulting in small roams and a lacL of adequate living space, minimum sizes can be developed for each unit type. 6. If the problem is overconcentration of smalle units, criteria can be developed fo- an appropriate mix or units, with the number of smaller dwellings limited to a certain percentage. C If the problem is a crowded appearance of scme multi- family projects, perhaps it is not the unit size, bc. setback or open space requirements that need modification. 11 COUNCIL DIRECTION: The Council indicated that all three potential Pro ems no a ese•ve to be addressed, and that the Commission should look at the issue as a combination of theee factors. It was also noted that in order to deal with this question effectively, information on the number, type, and size of multi - family dwellings built over the last several years should be provided and analyzed. �a PLANNING C"ISSIC4T- 3TAFF,REPORT ' M1NIMUM'UNIT :SIZE: - ?, MULTI . FAMILY DWELLINGS " Marcti.9, 1988 Page 2 III. DISCUSSION: In staff's experience, multi- family unit sizes in this coamun"ify are more affected by,unit type and the number of bedrocas than by the density category, although higher density areas outlinesyunit size ranges typical smaller recent projects in the City Unit Type 1XRe Range 1- Bedroom 530 - 750 square feet 2- Bedroom 800 - 1250 sauare feet 3- Bedroom 1000 - 1420 square feet The question of appropriate minimum unit size is very subjective. Appropriate unit size cannot be determined purely by technical approved and Aco sttruccted,in staff the City over the list of several years. and prepare an analysis of the results. It may also be appropriate at that time to schedule a field trip for the Commission to see an actual project first hand, with some typical units available for inspection. IY. REC0.MENDATIOk: Staff intends to develop the information requested an r ng s issue back to the Commission an April 13, 1988. Olrection is needed as to the field trip so that appropriate arrangements can be made. ZRes ully subm ted, o D 1 / City Pla er BB:OK: acmes I C 9 CITY OF RANCHO CUCAMONGA PART Ii - INITIAL STUDY E MROMeNTAL CHECKLIST APPLICA. \z: G fL�— FILINC DATE:_ (pIJ i!{� � nIMER. - -'�/ �o PR0.JECT :�GG/EA(j�_ PROJECT LOCATION•_ ��.f -� f I. Ey.'IRMENTAL IHPACTS explanation of all "yea^ and "maybe" answers are required on attached YES MAYBE NO 1. ' r Soils and Geolo `. N111 the Proposal have significant results in: a. Unstable ground conditionsor in changes in geologic relationships? -L b. Disruptions, displacements, compaction or burial of the soil? — c Change in topography or ground surface contour intervals? / d The destn:etion, covering or modification Of any unique geologic or physical features? _ e• Any Potential increase in wind or water erosion of soils, affecting either on or off site cocditans? r f Changes in eros.on siltation, or deposition? g Exposure of people or property to geologic hazards —_ such as earthquakes, landslides, mud- slide$, ground failure, or similar hazards? _ h An increase in the rate of extraction and /or use of any mineral resource? 2. kdro. 10ay. Will the proposal have significant results in: a(0 c10 ' r 1 Page 2 a. Change in the characteristics of species, - including diversity, distribution, or number Of any species of plants? __ F b. Reduction o3 the numbers of any unique, rare or endangered aDeciea al lanb7 - YES MAYBE NO A. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? f b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? -- c. Alterations to the course or flow of flood waters? , d. Change in the amount of surface water In any bodl of water? __ L e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? g. Change in the quantity of groundwater,, either through direct additions or with. diawals, or through interference with an aquifer? Quality? Quantity? h. The reduction in the amount of water other - wise available for public water supplies? I. Exposure of people or property to water related hazards such •a flooding or seiches? L 3. Air Quality. pill the proposal have significant results in: a. Constant or parlodtc air emissions from mobile or indirect sources? _� L Stationary sources? b. Daterioration of ambient air quality and /or intorference with the attainment of applicable air quality standards? C. Alteration of local or regional climatic conditions, sffec.ing air movement, moisture or temper,ture7 L c� 4. Blots Flora. will the proposal have significant results in: a. Change in the characteristics of species, - including diversity, distribution, or number Of any species of plants? __ F b. Reduction o3 the numbers of any unique, rare or endangered aDeciea al lanb7 - Y c I•. c. Introduction of new or disruptive species of plants into an area? d Reduction in the potential for agricultural produmclon? Fauna. Will the proposal have significant results iq: a Change in the characteristics of species, Including diversity, distribution, or numbers of any Species of animals? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new or disruptive species of animals Into an area, or result in a barrier to the migration or covement of animals? d. Deterioration or removal of existing fish or wildlife habitat? S. Population. Will the proposal have significant results in: A. Will the proposal alter the location, distri- bution, density, diversity, or growth rate of the human population of an area? b. Will the proposal affect exiting housing, or create a demand for additional housing? 6 Socio- Economic Factors. Will the proposal have significant results in: A. Change In local or regional socia- economic charatteristics, Including aconomic or cocmercial diversity, tax rate, and property values? b Will project costs bi equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? 7. Land Use and Planning C.,asiderations. Will the proposal have significant results in? a A substantial alteration of the present or planned land use of an area? b. A conflict with any designations, objectives, policies, or adapted plans of any governmental entities? °ZcG% c. An icpact upon the qulaity or quantity of existing cons:aptive or non- consumpti.t recreational opportunities? MON ?age 1 YES wAYBE NO - - L 1z —_—G _— __z I! YES MAYBE NO Page 6 Y 8. Transaortatioa. Will the proposal have significant reaulca fn: a. Generation of substantial additional vehicular movement? b. Effects an existing streets, or demand for new street construction? _ _- 1Z c. Effects on existing parking facilities, ur demand for new parking? ,j d. Substantial impact upon existing transports - '� tion systems? / e. Alterations to present patterns of circula- tion or movement of people and /or goods? IN f. Alterations to or effects on present and potential water- borne, rail, =as transit or C air traffic? 'i g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? i Y- �m 9. Cultural Ice!, Will the proposal have .8e20 significant reaulca in: a. A disturbance to the integrity of archaeological, Paleontological* and /or historical resources? 10. Health. Safety, and Hufaanee pesters. Will the proposal have signiticaet results ins a. Creation of any health hazard or potential health hazard? _- b. Exposure of people to potential health hazards? �. e. A risk of explosion or release of hazardous substances in the event of an accident? d. In increase in the number of individuals or species of vector or pathenogenit organises or the exposure of people to such organisms? �- e. Increase in existing poise levels? _� 1 f. Exposure of people to potentially dangerous noise levels? - g. The creation of objectionable odors? h. An increase in light or glare? Y Page 3 YES v.An. r so 11. Aesthetics. Will the proposal have significant results in: a. The obstruction or dngradation of any scenic vista or vievt / b The creation of an aesthetically offensive sits? c. A conflict with the objective of designated or potential scenic cocridors? 12. Utilitiea and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? b. natural or packaged gas? 7" c. Communications systems? ..� i 4 d. Water supply? 74 a. Wastewater facilities? f. Flood control structures? S. Solid waste facilities? h. Fire protection? i Police protection? J. Schools? k. Parks or other recreational facilities? -_ (- 1. Maintenance of public facilities, including roads and flood control facilities? L o. Other governmental services? 11, Ener¢v and Scares Resources. Will the proposal have significant results In- a Use of substantial or excessive fuel or energy? b. Substantial increase in demand upon existing sources of energy? _— c. An increase in the demand for development of now sources of energy? a'70 d. An increase or perpetuation of the consumption of non - renewable forms of energy, when feasible / renewable aaurces of energy ore available? i Page 6 YES MAYBE NO "•' a. Substantial depletion of any nonrenewable or scarce natural resource? L 14. Mandatory rindinsa of Sinificance. �- • a. Does the project have the potential to degrade - r^ the quality of the environment, substantially reduce the habitat of flab or Wildlife species, cause a fish or Wildlife population to drop below calf sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important axamplvs of the major periods of California history or prehistory? — -- i� b. Does the project have the potential to achieve .d• ' short -tern, to the disadvantage of long -tern, environmental goals? (A short -term Impact on the environment It one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future). __ r c. Does the project have impacts which are Individually limited, but cumulatively considerable? (Cumulatively considerable awns that the incremental affects of an Individual project are considerable When viewed in connection With the effects of past projects, and probable S,ture projects). _ d. Does the project have environmental effects which will cause substantial adverse affects on human beings, either directly or Indirectly? _� 1 II. DISCUSSION Of ENPIRO?CO"Al. EVALUATION (i.e., of affirmative answars to Re above questions plus a discussion of proposed mitigation measures). aq/ I y ... • -. •v.; :�.•:'3_i'. -rosy "�";sicr - rNAT Pa III. DETERMINATION On the basis of this initial evalustinns + �•y I find the proposed proiec2 COULD NOT have a significant effect �I ^� on the anvironmeoq and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant affect on the environment, there will not be a significant affect In this ease because the mitlgatioc neasules described on an attached sheet have been added to the project. A NEGATIVE DEL'I.ARATION STILL HE PREPARED. aI find the nosed project MAY envlrraent 1 an EIVIRMHENT Data /' &- Aoop a`12 AYES: •t NOES: ABSENT: s • ♦ ♦ w H. ENVIR( COMMISSIONERS: BLAK , TOLSTOY, CHITIEA, EHERICK COMMISSIONERS: HE CCDMISSIONEs MCRIEL - carried iWMAL eun nn... .........- ..___ .._______._. 6ucamonga municipal Code establishing minimum required sizes for multi- Otto tt' family dwellings. Otto Kroutil, Deputy City Planner, presented the :toff report. Vice- Chairman ChWea opened the public hearing. Sherri Martin, representing the William Lyon Company, concurred with staff's recommendations as they relate to establishing minimum square footage for floor plans within multi - fanny projects. She objected, however, to the restriction of studio and orte bedroom units in any one project. Site felt there would be a mar+ <Et need by future employees of the regional center, which could not be met if these limitations are placed on projects. Site strongly urged approval of individual multi -fully projects on a case -by -case basis. If the Commission deemed the restriction necessary, she asked for exceptions within Victoria. Jack Butler, owner of Pepperwood Apartments, reiterated the need for the studio and one bedroom units. t Oo a geats il for threebedrooma d that 550 square et ist areforatud oH indicated that a larger studio apartment will encourage overcrowding in that two and three people would attempt to live in one studio unit. He felt demographics of a project should be considered and the mix of units should be based on the merits of each project. He felt that two and three bedroom unit would encourage rental by more families, which can create additional problems. Vice - Chairman Chitiea asked what Mr. Butler deemed an appropriate size for two and three bedroom units. Mr. Butler felt that 1,000 square feet is necessary for a two bedroom unit and Indicated storage lspace. He felt asmaller east 0 square feet would be needed for a third bedroom and half bath. There were no further comments, therefore the public hearing was closed. Mr Kroutil provided background on how the minimum unit sizes were dete,%fned. In response to Mr. Butler's comment relative te the studio apartment square footage, he pointed out the COMissioners were concerned with the studio apartments viewed on the tour of Orange County which were 525 square feet. RUN Planning Commission M'.nutes -12- July 13, 1988 Vice- Chairman Chitlea asked for discussion relative to the William Lyon Company's request to exclude Victoria from the unit mix requirements. Comissioner Blakesley commented that the square footages are minimums and merely a benchmark for a good place to start. He stated unit size is of Particular concern and did not agree that single People like to live alone. He was concerned with the language relative to the maximum number of unit types and felt that some flexibility should be provided to allow a developer to come in with an innovative pplan and get some relief from the maximum: requirement. He felt that flexibility should be given to all projects, not Just those within Victoria. Commissioner Tolstoy stated that after the recent Commission tour he could not support lowering the 550 square foot requirement and felt the 950 square feet for a three bedroom would seem appropriate if well designed. He agreed that the sizes are based at a minimum, and hopefully some units would be larger. He was concerned with removing the maximum mix of units and did not want to see projects built with all one bedroom or efficiency units. He stated he would be wilting to consider an alternative to the 354 but could not support removal of the language that would allow an entire project the be built with one single unit type. Comissioner Ererlck suggested a combination of 504 to allow market flexibility. Yfee- Chairman Chitiea agreed unit space needs to be reserved for families. She felt the cap of 354 for one bedroom and studio units should remain and felt that 504 would be too high. Mr. Kroutil proposed language which would allow flexibility in the unit mix under the requirements for a Conditional Use Permit. He pointed out that this would allow a developer to prove a demonstrated need en a project -by- project basis. Commissioner Blakesley stated that this would address his concern that the mix be a guideline and allow the developer to present a strong case for the Commission's consideration. Vice- Chairman Chitiea stated that this issue had been thoroughly reviewed by the Commission and felt the study should be supported. She was concerned pith the Conditional Use Permit process due to additional staff time that would be required. Cocatssioner Tolstoy supported the 354 cap with flexibility for the developer to develop a case for a deviation request. He stated that the Comission would look closely at the open space and amenities provided in a project as one of the criteria for granting a deviation. Commissioner Blakesley commented that he would like to consider establishment of a ratio for usable open space as part of a future amendment. d / Planning Commission Minutes -13- July 13, 1988 Motion: Moved by Blakesley, seconded by Emerick, to adopt the Resolution recommendingg approval of Environmental Assessment and Development Code Amendment 88 -06 to the City Council. Notion carried by the following vote: AYES: COI9IISSIONERS: BLAKESLEY, EMERICK, CHITIEA, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL - carried I. ENVIRONMENTAL ASSESSNENE AND CONDITIONAL USE PEF0IT 88-26 - ET4PIRE HAiR 311 e rogues o es s a eau y par or n a ease space o 7179r—square feet within an existing Industrial per Yn the General Industrial District (Subarea 4), located at the s theast corner of Archibald Avenue and 7th Street - APH 209 - 211 -48 Tom Grahn, Assistant Planner, presented the staff repor . Vfce- Chairman Chttiea opened the public hearing. Michael Bays, applicant, concurred with the condi ons of approval. Commissioner Blakesley ask& what kind of activ is expected during the day. Hr. Bays advised that the malo"'ty of the sa n's business would be genersied during the evening and west. end hours. He xpected customers during the day time hours to be employees of surrounding b sinesses. There were no further cocmunts, therefo the public hearing was closed. Commissioner Tolstoy pointed out that ere might be a parking problem in the future when the remaining space 1s leased. He was concerned with the possibility of the applicant returni to the Commission at a later date with a request to expand and being denied ecauso of insufficient parking. H3 felt it would to the applicants advan ge M seek a different location and avoid the possfbl3 expense of relocatin in the future. He stated he would feel more comfortable approving this r qquuest If the rest of the center was leased so that the parking could be pro r assessed. Commissioner Blakesley stated at if the applicant is willing to accept the conditions as imposed, they sh uld be allowed to lease the space. He pointed out that if there is a prob em with the Conditional Use Permit, it can be brought back to the Coaissi for possible modificati on or revocation. Motion: Moved by Blakes ey, secomted by Emerick, to adopt the Resolution approving Environmental sessaent and Conditional Use Permit 88 -26. Notion carried by the foilowina vote: 0�� Planning Commission Minutes -14- July 13, 1988 i �3 0 RESOLUTION No. 88 -136 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITf OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO TITLE 17, CHAPTER 17.18, OF THE RANCHO CUCANOKGA MUNICIPAL CODE REGARDING DEVELOPMENT WITHIN ALQUIST- PR10LO SPECIAL STUDIES ZONE IMEAfAS, on the 13th day of July, 1988, the Planning Cosmission held a duly noticed public hearing pursuant to Section 6SB64 of the Callforia Government Code. this an9 SECTION 1: not createha Significantladverse efffectCommission on the environment and recosmends to City Council the issuance of a Negative Declarrtfcn or July 13, 1988. NON, THEREFORE, BE IT RESOLVED: I. That pursuant to Section 65650 to 65855 of tha California Government Code, that the Planning Com fssicn of the City of Rancho Cucamonga hereby recommends approval of this amendment. 2. The Planning Comisslon hereby recomoends that tKj Cite Council approve this amendment to the Municipal Code per the attached Ordinance. APPROVED AND ADOPTED THIS 13TH DAV OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST Rancho Cucamonga. Acting certify that thelforegoing gRResolution rase duly and regularly introduced, passed, and adopted by the Planning Comissfon of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July, 1988, by the following vote -to -wit: AYES: COMMISSIONERS: BLAKESLEY, EXERICK, CHITIEA, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL �� ok it ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING TITLE 17, CHAPTER 17.08, OF THE RANCHO CUCAMONGA MUNICIoAL CODE ESTABLISHING MINIMUM REQUIRED SIZES FOR MULTI - FAMILY DMZLLINGS WHEREAS, on the 17th day of August, 198D, the City Council held a duly noticed Public hearing pursuant to Section 65864 of the California Government Code. follows: The City Council of the City of Rancho Cucamonga does ordain as Projct SECS T11 Ocreat eaRsignificant adverse i pactionhthefenvironmenthand approves issuance of a Negative Declaration on August 17, 1988. SECTION 2: Section 17.08,0408, Minimum Dwelling Unit Size, is amended to rem Is follows: VL L IN M M N Minimum Dwelling Unit Size, Sfnglc family attacned and detached dwellings 1,000 sq. ft.h regardless of district Multiple family dwellings] - Efficiency /Studio 550 sq. ft. regardless of district - One bedroom 650 sq: ft. regardless of district - Two oedro5a 800 sq . ft. regardless of district - Three or score bedrooms 950 sq, ft. regardless of district hA s!ngle family dwelling less than 1,000 sq, ft. may be author zed when a develoWnt exhibits innovative qualities in tract, plot and architectural design through the approval of a Conditional Use Permit. ISenior citizen Projects are excepted from this requirement. ho assure that smaller unit; are not concentrated in any one area or Project, the following percentage limitations of the total number of units shall apply: 10 percent for Efficiency/Studio and 35 percent for One Bedroom Planning COMfSSfon many authorizeba greater ratio tofnefficie cy or�one-bedroom units when a dovelopmant exhibits innovative design qualities and a balance nix of unit sizes and types. SECTION 3: Section 17.08.3406, Mfnlmum Dwelling Unit Size, is amended to reid-as follows: n n wn vwVV - Vl1i August 17, 1988° Page 2 minimum Dwelling Unit Stznh Single family a'ctached and detached dwellings CUCJIMONGA L LM N M 'H :R ' 7 1,000 sq. ft.9 regardless of district Multiple lastly dweilings:f - Efficiency /Studio NIA 550 sq. ft. regardless of district - One bedroom N/R 650 sq. ft. regardless of district - Two bedroom N/R 800 sq. ft. regardless of district - Three or more bedrooms N/Ft 950 sq. ft. regardless of district 9A single family dwelling less than 1,W sq. ft. -may be authorized when a development exhibits innovative qualities in tract, plot and architectural design through the approval of a Conditional Use Permit. hSenlor citizen projects are exempted from minimum unit sizes. f7o assure that smaller units are not concentrated in any one area or Project. the following percentage limitations of the total number of units shall apply: 10 percent for Efficiency /Studio, and 35 percent for One Bedroom, or up to 35 portent combined. Subject to a Conditional Use Permit, the Planning Coomissfon mqy authorize a greater ratio of efficiency or one - bedroom units when a development exhibits innovative design Qualities and a balance mix of unit sizes and types. 1-4 i • g.. CITY OF RANCHO CUCA, TONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Otto Kroutil, Deputy City Planner SUBJECT: ENYIRONHENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN LULMUMfiA - A9 amenament to the inaustriat specific rlan expanding the boundaries of Subarea 3 (General Industrialf to include portions of the area on the south side of Arrow Route, between Heilman and Vineyard, currently located in Subarea 2 (General Industrial). Modification of permitted and conditionally permitted uses may also be considered. RECOMNENDATION: The Planning Commission recommends approval of sifii�xnE. If the Council concurs, approval of the attached Ordinance expanding the boundaries of Subarea 3 would be appropriate. II. BACKGROU)ID: This is a City initiated Amendment to the Industrial pS effi< Plan. The Amendment involves a portion of Subarea 2 directly adjacent to Arrow Route, east of Vineyard, and abutting residential development on the north, approximately 30 acres. As recommended by the Planning expand the boundaries of Subarea of Arrow Route. The boundaries accordingly. Commission, the Amendment would 3 to extend along the south side of Subarea 2 would be modified Both subareas are designated General Industrial, but Subarea '2 - encourages the development of rail- related activities. The proposed change will allow a greater mix of tenants and more focus on services in the transition area between the residential neighborhood on the north and the rail - related industrial on the south. III. PLANNING COMMISSION REVIEW: At the July 13, 1988 Commission nearing, the owners OF one of the properties involved, AVERY /Fasson, requested that their property be excluded from this handment. The Commissior. and staff concurred dith this request because the ownership in question would be subject to to different sets of criteria. The Amendment as recommended now excludes the AVERY /Fasson property. The attached Ordinance reflects this cheige. a ^19 �-^-�. -�e• ;tj ter,.- i%yd''t1.}a by •.�,� -;± .. .,.' �...- . C1iY COUNCIL STAFF,REPORT,. ISPA 88 -01 - .C1TVOF, RANCHO CUC..W WA August 17, 1988-*- Page 2 A more detailed description and analysis is included in the attached Planning Commission report of July 13, 1988. Res uliy s fitted, Ora 1 er Cicy Planner 88:CK:te Attachments: Planning Commission Staff Report of July 13, 1988 Initial Study, Part II Planning Commission Minutes of July 13, 1988 Resolution No. 88 -135, Recommending Approval of this Amendment Draft Ordinance Approving the Amendment of ti r •fir, _ v L CITY OF RANCHO CUCAbIONGA STAFF REPORT DATE: July 13, 1988 NOOK. TO: Chairman and Members of the Planning Commission FROM: BraJ Buller, City Planner BY: Otto Kroutil, Deputy City Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN N. boundarles of Subarean 3s %enerat Industrial) xto include b portions e r e etweenHellmana dVineyard,current i lylocated n Subarea Route, (General Industrial). Modification of permitted and conditionally permitted uses may also be considered. BACKGROUND: This is a request by the Planning Commission to cons er modifications to the land use provisions governing the south side of Arrow Route between vineyard and Hellman Avenues. The entire block is currently designated Subarea 2 (General Industrial), with focus on rail- related inNistrial uses In the entire subarea (Exhibit '0'). On February 24, 1988, the Planning Commission reviewed a request to allow additional non rail - related land uses, such as those permitted in adjacent Subarea 3, in the entire Subarea T.. Because this could have had the effect of diluting the rail- related activities within the entire 1SS acre block, the Comxission opted not to modify the land use provisions of the entire subarea at that time. II. PROPOSED AMENDMENT: This amendment only involves a portion of area rec y adjacent to Arrow Route and abutting residential development on the north, approximately 30 acres (Exhibit 'A'). The Otis Elevator plant site at the immediate i:orner of Vineyard and Arrow is not included in this amendment. As proposed, the Amendment would expand the boundaries of Subarea 3 to extend along the south side of Arrow Route. The boundaries of Subarea 2 would be modified correspondingly (Exhibits 08' and 'C"). III. ANALYSIS: Path Subarea 2 and Subarea 3 are designated General n us r al; the differences between the two are mostly in the rangy of permitted uses. Subarea 2, where rail service 1s encouraged, limits the primary land uses to manufacturing. warehousing, and « Ol ITEM G ,. PLANNING C"ISSION STAFF REPORT RE: I..PA 83 -01 July 13, 1988 Page 2 support activities. Subarea 3, where there is no rail service, permits a broader range of activities, with greater emphasis on services. Exhibit 'E' illustrates the differences. There are three basic issues which need to be addressed in light of the proposed changes: Rail Service: As proposed, the Amendment would have minimal effect on existing and potential use of rail. The change would be confined to areas along Arrow Route and would not interfere with the rail service potential of the remaining Subarea 2. An exception is the Otis Elevator site at the corner of Vineyard and Arrow, which has rail service. For this reason, this site is not proposed for change. Land Use Transitions: The north side of Arrow in developed in multi-tamfir and s ogle family residential uses. Bear Gulch neighborhood park is also located there. The proposed change should provide a better transition between the residential and industrial uses. The new provisions would allow a greater emphasis on services and less on manufacturing. Subarea 3 development standards also require provisions for setbacks, screening, buffering and other criteria necessary to provide an appropriate transition to adjacent residential uses. General Plan: Both subareas are designated as General Industrial, Fs s e General Plan. The proposed change is consistent with the General Plan. IV ENVIRONMENTAL REVIEW: Stiff has completed the Environmental n a u ar, entified no adverse environmental impacts whicn could result from this Amendment (Exhibit 'F'). The issuance of a Negative Declaration 1s therefore appropriate. V. CORRESPONDENCE: This items has been advertised in The Daily Report as a pu c earing. Staff has also received a letter from Mr. Lynch of AVERY /Fasson (Exhibit 'G') opposing the original proposal affecting the entire subarea. VI. RECOKMENDATION: The Commission should conduct a public hearing on UT—MR ma er. Staff recommends approval of the attached Resolution recommending approval of this Amendment and the issuance of a Negative Declaration. PLANNING COMIISSION`STAFF REPORT RE: ISPA 88 -01 July 13, 1988 y_ Page 3 r Res ly au d, Bra ul City ner BB:OK:ko Attachments: Exhibit 'A' - Area of Proposed Change Exhibit 'B' - Subarea 2 (Proposed) Exhibit 'C' - Subarea 3 (Proposed) Exhibit 'D' - Subarea 2 (Existing) Exhibit 'E' - Land Use Tables Exhibit 'F' - Initial Study Exhibit 'G' - Letter from AYERY/Fasson Resolution Recoamending Approval Draft Ordinance EVER SMM R ■ 4 y FIO. IV -4 CIRCULATION ® 120' R.O.%V. 100' R.O.W. 88' or kse R.O.W. RAIL SERVICE ff i a 1 i- Exis g ++ +++• Proposed TRAILS/ROUTES O O O O Pedestrian 0000 Bicycle omm Room" Multi -Use f-1 4 0 400' 800' 1600' Parcel lines and lot con8gwatkme are shown as appfoxtmaUcn only. IV -22 Bridge P ;:r� to be included In subarea 3 3) ..i•"� Creeks i Channels m Park' Special Strsetscapei Access Points Landscaping a$i- EXHIBIT A 'The Mlles 2110" meT not be curenty owned nor to the location Me *Peep. The depiction of a alts Is an adluMted over Ume�as the Citneed ve"s. be FIG. IV -4 .r subs (PRAPngF:m 120' R.O.W. >• 100' R.O.W. air Bo' or lass R.O.W. 1AIL SERVICE -� - �--:�- Existing Proposed TRAW /ROUTES O O O O Pedestrian • • • • Bicycle �Q[J Regional multfihe 1u� Brldpe Access Polls 0 mom'a "'oft Croaks A Chamois =m Pant Special Streetscape/ 4-4%-k—w Landscaping - ..%,,,r.mmommom a %5 EXHIBIT B 0 400' 800' 1600' 'The "" shown rmay not bi 2te: Parcel lines and lot conromellons I1c1IOn aNe `-The daWcYOno�f a site In b a are shown as approximatlon only. Inckoliot of a Prc*ct«t wrae need that may be IV-22 adpsted over ttnra as the City develops. W N. a O a CL co W a e N t I . x a %t0 tti -ze r l V3 s i't j .i 1 lit EXHIBIT C �t ■ r' 0 -C• r. as Y 4 Y FIO. IV -4 e fFY1CTwn. FIRCULATION 140' R.O.W. MMMUR 100' R.O.W. lumoma BB' or Mee R.O.W. RAIL SERVICE Existing • + + +++• Proposed TRALS /ROUTES 30 O O Padastrlm 0000 Bkyek Muttl -U se ( t . Uttte is 0 000'"0 Creske lk Chamels -_U Park' SPOCaat Strestacaps/ Access Points N.�..�..v Landaespkq �� aV7 EXHIBIT D 0 400' Boa' 1600' 1010: Parcel Imes and lot Confklurstlons ?The aw all" shown rrwy not be cumftW owned nor is the n a" sPOc* -The depk*n of a sks Is an are shown as aPProxlmation only irm"I of a PmActsd /pyo need that may be IV -22 adJutted over tkns ao the Ctty develops. i LAND USE COKPARISONS SUBAREA 2 SUBAREA 3 ,`.%. PERMITTED USES: k"v e, Custom Manufacturing Light Manufacturing Custom Manufacturing Light Manufacturing z. Research Services Light Wholesale, Storage and Research Services Public Storage r. Distribution Medium Wholesale, Storage and Light Wholesale, Storage and Distribution Nedtun Wholesale, Storage and Distribution Distribution Agricultuand /ServicesSupplles Agricultural /Nursery Supplies :yq Eating and Drinking Establishments Aut motfve/LightiTruckinepalr -Minor Autaotive/Truck Repair -Wor .r Repair Services Flood Control/Utility Corridor Building Contractor's Office and Yards Building Maintenance Services Building and Light Equipment Supplies and Sales Business Supply Retail Sales and ;*rvices CONDITIONAL USES: um Manufacturing is Storage auiiaing contractor's office b Yards Butldtng/Light Equipment Supplies and Sales Business Support Services Conventence Sales and Services Food and Beverage Sales Heavy Equipment Sales and Rentals Recreation Facilities Public Safety and Utility Services is Services 1ty Corridor Administrative and Office Professional/Oeslgn Services Animal Care Automotive Fleet Storage Automotive Service Station Convenience Sales and Services Fast Food Sales Financial, Insurance and Real Estate Services Food and Beverage Sales Heavy Equipment Sales and Rentals Medical /Health Care Services Rel t o- W, I 'ety and Utility ces Assembly EXHIBIT E .`1 s r� CITY Of RANCHO cucA.y0N0A u PART It - INITIAL STUDY I, ENVTRO*n"rAL CHECKLIST DATE: l0•��• APPLICAYrs FILIStiC DATE: Loa NUMBER: ls�i4 g8 —mil A 7R0]ECT: S.� ` PROJECT LOCATION: I. ENVIROX MMAL IMPACTS r (Explanation of all "yes" and "maybe" answers are required sheets). on attached YES MAYBE NO 1. Soils and CeolORy. Will the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? b. Disruptions, displacements, compaction or burial of the soil? c. Change in topography or ground surface - -- concour intervals? d. The destruction, covering or modification Of any unique geologic or physical features? e• kY Potential increase in wind or water erosion of soils, affecting either on or off site condicens? G I Changes in erosion siltation, or deposition? _ -- g Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground feiture, or similar hazards? _ h An increase in the rate of extraction and /or use of any mineral resource? / 2. RvdroiM. Will the proposal have sigolfieant results ins _ age �,�,� ►�:- � i, Page 2 YES MAYBE :o a. Changes in currents, or the course of direction floving streams, tf rivers, or ephemeral scream hannsIs? L +9 b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? e -- C c. Alterations to the course or f:ow of flood waters? r d. Change In the amount of surface water In any body of water? -- e. Discharge Into surface waters, or any alteration of surface avatar quality? _— G f. Alteration of groundwater cbaraccerlstics? B. Change In the quantity of groundwatera, i'. either through direct additions or with - dravils, or through interference with an aquifer? Quality? Quantity? h The reduction In the amount of water other- visa available for public water supnlles? I Exposure of people or property to water related hazards such as flooding „r seichest _ J. Ifr ry OualS. Will the proposal have significant _— { resmQts in$ a. Constant or periodic air ealaslons frcm nubile or indirect sources? Stationary sources? b. Deterioration of ambient air uali �_ •� Interference with the attainment o[ applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? / t Meta -- Flora 4111 the proposal have significant results Sae 0 A Change in the characteristics of species, In eluding diversity, distribution, or number of any species of plants? b. Reduction o[ the numbers of any unique, rare or eadangerc3 species of plants? i ?age 3 YES v.AYBE NO c, Introduction of new or disruptive species of / Plants into an area? d. Reduction in the potential for agricultural Production? / Fauna, Will the proposal have significant results in: A- Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? b. Redaction of the nunbars of any unique, rare L or endangered species of animals? c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the e.1g..2tion or movement of animals? d. Daterioration or removal of existing fish or vildliie habitat? S. Poowlation. Will the proposal have significant results in: a. Will the proposal altar tha location, distri- bution, density, diversity, or growth rate of the human population of an area? b. Will the proposal affect existing housing, or create a demand for additional housing? T 6. SOclo- ECananic racrars. Will the proposal have significant results in: a. chants in local or regiunal accio•economic characteristics, including econtnic or coeercial dfvetsity, tax rate, and property values? -- i b. Will project cost be equitably distributed L among project beneficiaries, i.e , buyer., tax payers or project users? 7. Land use and Planning Considerations. W 1 the proposal have significant results in? a. A substantial alteration of the preacnt or Planned land use of an area? b. A conflict with any designations, objectives, Policies, or adopted plans of any governmental entities? -z nI — c An impact upon the qulaity or quantity of existing gyns:aptive or non - consumptive recreational opportunities? i a rr . Page 1 YES YAYSE NO y• 8. Sransoartstion. Will the proposal have significant results in: a. Generation of substantial additional vehicular , movement? f. b. Effects on existing s :rents, or demand for / 'l new street construction? _ c. Effects on existing parking facilities, or demand for new parking? d. Substantial impact upon existing transporta- tion system? e. Alteratious to present patterns of circula- tion or movement of people and /or goods? f. Alterations cc or effects on present and potential vater- borne, rail, mass transit or air traffic? r g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? 9. Cultural Resources. Will the proposal have significant results in: a A disturbance to the integrity of archaeological, paleontological, and /or historical resources? 10. Health. Safety, and Nuisance Factors. Will the proposal have significant results ins a. Creation of any health hazard or potential health hazard? b. Exposure of people to potential health hazards? _. c. A risk of explosion or release of hazardous ' substances in the event of an accident? d. An increase in the number of individuals or species of vector or pathenoganit organism or the exposure of people to such - organisms? e Increase in existing noise levals? r f. Exposure of people to potentially dangerous noise levels? aA S, The creation of objectionable odors? ,p h. An increase in light or glare? L s, Page 5 +, '• 11. Aesthetics, Will the YES MAYBE NO y, proposal have significant r¢aulta Sn: a, The obstruction or degradation of vista or vlew? any scenic / b. The creation of an aesthetically offensive site? / c, A conflict with the objective of designated or potential scenic corridors? 12. Utilities and Public Services, Will the have -- proposal a significant need for new system, or alterations to the following: ' i a, Electric power? b. Natural or packaged gas? l c Eoounicationa systems? _- d Water supply? re z e. Wastewater facilities? f, Flood control structures? —_ r< 9, Solid waste facilities? 1 h Fire protection? 11 Police protection? J. Schools? —� k• Parks or other recreational facilities? 1, Maintenance of public facilities, including roads / and flood control facilities? o, Other governmental services? / 1J. Enereyand Scarce Resources. 4111 the proposal have sign ?ficant resuitI a, Use of substantial or excessive fuel or energy? b. Substantial Increase in demrd _ upon exii sources of energy? stng / L c, An Increase in the demand for development of new sources of energy? ec d• An increase or parpet4arion 000f f t onsuoptlon of nan- renewable fora of energy, when feasible renewable aoyrces of energy are available? / Page 6 TES MAYBE NO e. Substantial depletion of any nonrenevable or scares natural reuource? 14. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially - reduce the habitat of fish or wildlife species, cave a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or ant^,l community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate examples of the major periods of California tory liforl history or prehistory? — b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term Impact on the environment is one which occurs In a relatively brief, definitive period of time while long- tern impacts will endure well into the future). — -- c. Does the project have impacts which are Individually limited, but cuxulatively considerable? (Cumulatively considerable means that the incremental effects of an Individual project are considerable when viewed In connection with the effects of past projects, / and probable future projects). L d. Does the project have environmental effects which will caw• substantial adverse effects on human beings, wither directly or Indirectly? II DISCUSSION OF 17MROWIMEITAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). &I as.•C y III. DF MMSATION On/the basis of this initial evaluation: r onithe nvironments project NEGATIVENDEChave Ignificant affect I0will be prepared. DI find that although the proposed project could have a significant affact on the environment, there will not bn a aSgnitlunt aftaet in this ease because the mitigation oaasurea described ifi on an attached sheet-have been'- to the project. A NEGATIVE DECLARATION VILL BE PREPARED, , ElI find the proposed project MAI nrvirazent, and an ENVIRO�°¢NT ass Y :p t 5e r ;y ss F4 4� t May 23, 1988 City of Rancho Cucamonga 9320 C Baseline Road Rancho Cueseonga, CA 91730 Attentions Brad Buller Dear Sirt 4)YORE'C�jVFD�� '" tM11 �1I G1gy O . Ala We were asked a month ago to support the changes requested by Messenger Investment Services to the zoning of aubarea 2. Vhi)e it is difficult not to support a fellow business person, we are not in favor of any zoning changes to subarea 2. We believe that Rancho Cucamonga beads more than asap business and light lndustry employers to be a healthy and vital community. Mixing the businesses in subarea 2 will, In our opibioa, "use us problems in the future in dealing with neighbors vhose problems are so different from ours. To contest the statement no one in subarea 2 uses rail, I submit that in t1a /ears 1984 -1987, we received 126 tail cars. We are considering shipping by rail in 1989 to several of our distribution warehouses in the V.S. We have used the rail serrice and will continue to use it whenever It is economical to do so.�j("j Tho' Lync�� Plant Manager AVERY /Passon Specialty Division - TJL/jv cet Scott 8 Peotter Messenger Investment Company 16912 -A Von Karmen Avenue Irvine, CA 92714 An Avery C*Mpsny MOG 1 / Fi4sSUN 1tpeWMy1M1s1on 5292 Nan Buses Ratrito Cucarotga, CA 51730 Phara 7f� 987Je3f 4)YORE'C�jVFD�� '" tM11 �1I G1gy O . Ala We were asked a month ago to support the changes requested by Messenger Investment Services to the zoning of aubarea 2. Vhi)e it is difficult not to support a fellow business person, we are not in favor of any zoning changes to subarea 2. We believe that Rancho Cucamonga beads more than asap business and light lndustry employers to be a healthy and vital community. Mixing the businesses in subarea 2 will, In our opibioa, "use us problems in the future in dealing with neighbors vhose problems are so different from ours. To contest the statement no one in subarea 2 uses rail, I submit that in t1a /ears 1984 -1987, we received 126 tail cars. We are considering shipping by rail in 1989 to several of our distribution warehouses in the V.S. We have used the rail serrice and will continue to use it whenever It is economical to do so.�j("j Tho' Lync�� Plant Manager AVERY /Passon Specialty Division - TJL/jv cet Scott 8 Peotter Messenger Investment Company 16912 -A Von Karmen Avenue Irvine, CA 92714 An Avery C*Mpsny MOG 1 / RESOLUTION NO. 88 -135 A NESOLUTION OF THE RANC40 CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 88 -01 EXPANDING THE BOUNDARIES OF SUBAREA 3 (GENERAL INDUSTRIAL) TO INCLUDE PORTIONS OF THE AREA ON THE SOUTH SIDE OF ARROW ROUTE, BETWEEN HELLMAN AND VINEYARD, CURRENTLY LOCI -ED IN SUBAREA 2 (GENERAL INDUSTRIAL) _ WHEREAS, on the 22nd day of June, 1988, the Planning Commission initiated the above - described project; and WHEREAS; on the 13th day of July, 1988, the Planning Commission held a duly advertised public hearing pursuant to Section 65864 of the Californii Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following — TTRTnigs. 1. That the properties identified in Exhibit 'A' are part of the Industrial Specific Plan. 2. That the subject property 1s suitable for the uses permitted in the Industrial Specific Plan in terms of access, size, and compatibility with existing land use in the surrounding area; and 3. That the proposed subarea boundary will not have significant impact on the environment, nor the surrounding properties; and 4. Th at the Vroposed change is in conformance with the General Plan. this pro SECTICA 2notTcreate aostuynificantpadverse impacts on the environment and recommends issuance of a Negative Declaration. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Commission, following a public hearing held in the time and nanner prescribed by law, hereby recommends that the City Council approve and adopt Industrial Area Specific plan Amendxent 88 -01 as outlined in Exhibits 08' and 'CO. 2. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. d9� I. Otto Kroutil,, Actin retary of - Planning Comission of the City of Rancho Cucamonga, do h b; certify at tM foregoing Resolution was duly and regularly introduced. pas , an adopted by the Planning Comission of the City of Rancho Cucamonga, a regular meeting of the Planning Comissfon held on the 13th day of July. 1986, by following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, TOLSTOY, CHITIEA, ENERICK HOES: COMMISSIONERS: Home ABSENT: COMMISSIONERS: MCNIEL ac) 7 , aaaa P ING- -COMMISSION RESOLUTION 110. RE: ISPA 88-01,4775 J uly 13, 1988 Page 2 APPROVED AND ADOPTED THIS 13TH DAY OF JULY 1983, PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMOWA zann ea, n ATTEST: rou ary I. Otto Kroutil,, Actin retary of - Planning Comission of the City of Rancho Cucamonga, do h b; certify at tM foregoing Resolution was duly and regularly introduced. pas , an adopted by the Planning Comission of the City of Rancho Cucamonga, a regular meeting of the Planning Comissfon held on the 13th day of July. 1986, by following vote-to-wit: AYES: COMMISSIONERS: BLAKESLEY, TOLSTOY, CHITIEA, ENERICK HOES: COMMISSIONERS: Home ABSENT: COMMISSIONERS: MCNIEL ac) 7 , aaaa i FIG. IV-4 OTIS ELI WA cwc =_ INNIM 120• R.O.W. goom� lo0'ILOIW. `Mopm� till' or issa R.O.W. R41L SERVICE — }F„1 –F�- F +btaH 000 e t • MeyeM \/• as v Uwe -thee r1 �e Ae ^eN P be Included subarea 3 3 demps0eaft Creeks a Channel* mRenal1 Special Sor"tocape. Lendoeak� `� a1a�asa EXHIBIT A o aoo' eoo' ,Boo' 1 rote: Pare of lines and lot Conf191astione be soil affil �Y not be CUMW ►J awned nor to the an mown as approaanatlon only. �eSM f a OCR -ed� doplpystl of a ago to an ly -�2 adklstod oros tiny ao the e me" hot may be ag9 P10. IV-4 e1e (PROPOSED) CRCULATiON 120' R.O.W. t� 100' R.0.W. ® 88' or loss R.O.W. SERVICE i• -F-i- E :iatry F+t- PrOP,*Md TRAW /ROUTEK O O O O Pedestrfsn 0090 Skyofe �Q[� Raelorlal MWtI -Use u n sddse a r• "�ft Creaks a Channah EMPark' Swkw �r Las c 8treetteape/ Acasss tokMa e m MWA%MefM=Wi= 2) 00 EXHIBIT B o aoo' e()01 16001 1Ths efts slows may not be curantly owned not is the Parcel ones and lot conflWations loced*rlsft The depkYOn of a site is an are shown as approximation only In tad Of t�ojecte the C need that may be IV -22 m J 's r t 9 1 S FIO. IV-4 M (PROPOSED) J mmor• "ems Creeks & Channale m PWk 1 "`'`"��r Landes Streeheapei apip �o� EXHIBIT B o aoo' eoo' ?Goo' Parcu tines and got eon t� sNee 6110" �Y not be tvrantfy owned nor h the are shown is aPProaknatlo ions �� of i prp�eft��� of s ske 1s e a Jv -2z adketed overtkns 86 the CRY d �,i pl. De TRALS/RO ng ® 120' R.O.W. 0000 _ PedNBlep =No= 100, R.O.W. 0000 Skytle eeew.mm ee' or less R.O.W. Rssknsl AIL SERVME i -+-i -F Exlf i �J Drld� + + ++• proposed Access Polls J mmor• "ems Creeks & Channale m PWk 1 "`'`"��r Landes Streeheapei apip �o� EXHIBIT B o aoo' eoo' ?Goo' Parcu tines and got eon t� sNee 6110" �Y not be tvrantfy owned nor h the are shown is aPProaknatlo ions �� of i prp�eft��� of s ske 1s e a Jv -2z adketed overtkns 86 the CRY d �,i pl. De _RESOLUTION 110 88 -135 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNINq COMMISSION RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 88-01 EXPANDING THE BOUNDARIES OF SUBAREA 3 (GENERAL INDUSTRIAL) TO INCLUDE PORTIONS OF THE AREA ON THE SOUTH SIDE OF ARROW ROUTE, BETWEEN HELLMAN AND VINEYARD, CURRENTLY LOCATED IN SUBAREA 2 (GENERAL INDUSTRIAL) WHEREAS, on the 22nd day of June, 1988, the Planning Commission initiated the above,4escrlbed project; and WHEREAS, on the 13th day of July, 1988, the Planning Conmission held a duly advertised public hearing pursuant to Section 65364 of the California Government Code. SECTIO:. 1: The Rancho Cucamonga Planning Coamtssfon nas made the following— findings: I. That the properties identified in Exhibit 'A' are part of the Industrial Specific Plan. 2. That the subject property is suitable for the uses permitted in the Industrial Specific Plan in terms of access, size, and compatibility with existing land use in the surrounding area; and 3. That the proposed subarea boundary will not have significant impact on the environment, nor the surrounding properties; and 4. That the proposed change is in conformance with the General Plan. SECTION 2: The Rancho Cucamonga Planning Commission has found that this pro ec w not create a significant adverse impact on the environment and recommends issuance of a Negative Declarati z. NOW, THEREFORE, BE IT RESOLVED: I. That the Planning Commission, following a public hearing held in the time and manner prescribed by law, hereby recommends that the City Council approve and adopt Industrial Area Specific Plan Amendment 88 -01 as outlined in Exhibits 'B' and 'C'. 2. That a Certified COPY of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. 3� PLAWNING�C0 lMISSIOW.RESOLVTION±40.. RE: ISPA'88 -01y July 13; 1988:`.rx;K ,- Page 2 APPROYED.AND ADOPTED TNIS.I3TH DAY -OF JULY 1988. PLANNING COMMISSION Ci -i E CITY OF R.1NCN0 CUCkWNGA ATTES. V'ftto K wua 7by I, Otto Kroutil, Actitary of the Planning Commission of: the City of Rancho Curamonga, doh rtify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the.PTanning Commission of the City of Rancho Cucamonga, at a regular netting of the Planning Commission held on the 13th day of July, 1988, by the following vote -to -wit: AYES: COMMISSIONERS: DLAKESLEY, TOLETOY, CNITIEA, EMERICK NOES: COMMISSIONERS: MORE ABSENT: COMMISSIONERS: MCNIEL -�ZO:5- ■ t I ORDINANEE NO. 3� ! AN ORDINANCE OF THE CiTY COUYCIL OF THE CITY OF PPM40 CUCANONGA.-SCALIrORNIA APPROVING INDUSTRIAL AREA SPECIFIC PLAN ANENDMENI 48_01 EXPAND:NG THE BOUNDARIES OF SUBAREA 3 (GENERAL INDUSMAL) TO INCLUDE PORTIONS OF 110: AREA ON THE SOUTH SIDE OF1.10N ROUTE, BETWEEN HELLMAN AHD 1:NEYARD, CUPItLMY LOCATED IN SUBAREA 2 (GENERAL INDUSTRIAL) WHEREAS, on the 22nd day of June, 1989, the Planning Comis3ton initiated the above- described project; and WHEREAS, on the 13th day of July. 1988, the Planning Cocnissron held a duly advertised public hearing pursuant to Section 65864 of the California Government Code, and recomended to the City Council approval of this Amendment. SECTION 1: T „e Rancho Cucamonga City Council has made the following findings: 1. That the pproperties identified in Exhibit 'A' are part of the Industrial Specific Plan; and 2. That the subject property is suitable for the uses permitted in the Industrial Specific Plau Jr. terms of access, size, and compatibility with existing land use in the surrounding area; and 3. That the proposed subarea boundary will not have significant impact on the environment, nor the surrounding properties; and 4. That the proposed change is in conformance with the General Plan. SECTION 2: The Rancho Curnmon9a City Councii has found that this Preiect w no creite a significant adver -. impact on the environment and approves issuance of a Negative kmlaration an August 17, 1988. SECTION 3: The City Council of the City of Rancho Cucamonga hereby orlains as o oas: 1. That pursuant to Section 65850 thro.gh 65355 of the California Government Code, that the City Council of the City of Rancho Cucamonga hereby approves on the 17th day of Au st, 1988, : ndustrial Specific Plan Amendment 88-00 as out-lined in Exhibits 'B' and 'C'. SOG '• r PIG. IV-4 to be Included In subarea 3 3) CIRCULATION TRA1L8 /ROUTES ® 120' R.O.W. 0000 Pedestrian .s•"'1Nw Crooks & Chamois ids 100' R.O.W. 0 • Sltyeb 88' of Mss R.O.W. /eke R"Ionat Muni-use pwk1 RAIL SERVICE _ F Exbttny u &Idtfe Lae� tecape/ t + + +t• Proposed � Landesapkv 4 Access Points 0 400' 800' 1800' Note. Parcel lines and lot coarWaWns at* shown as 2pproxlmaWn onyx. EXHIBIT A 'The ettea shown my not be asmatty owned nor la tht location eke WooftThe depiction of a eke Is an be f:Won of a projected hdwe need that may be adjucted over lima as the City develops. 0 FIG. IV -4 fpNACnCFrt1 CIRCULATION - 120- R.O.W. ® too- R.O.W. as, or Nee R.O.W. RAIL SERVICE �-� -';i T Exlstkp t + + ++• Proposed TRALS /ROUTES 0000 PedeetAan 0000 abyele MuM —Wee iJ i -i Wil" Access PoWs ® R� c 400' Goo' loco' Vote•. Parcel lines and lot confklwatlons are shown as approximation astir. er• "v Creeks A Channels mPark "0�O"'�-""' Sp*CIm Strestscape/ ,A^^-k -v Landecapkg EXHIBIT B 'The $Ilea shown may not bi surely owned nor to the � allttfo $peek TM depktton of a SRO h an itcs Mialm Md y be ad)ntod ovr imea the City ve"Il. LL N, S O it a v e7 W CC Q m N e � ty+ i t fait i # , j '` JCT<94 f ff s . i its sft 7 i�Y fit tit EXHIBIT C ,;.; v S CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: ENVIRONMENTN ASSES" AND ETIKANDA SPECIFIC PUN 7JrJ1tGlC - A request amen gure - o e wa e p irIC Plan pertaining to Community Trails. I. RECM. NDATION: The Planning Commission recommeid3 that the City ounc approve Etiwanda Specific Plan 88 -03. 11 AAALYSIS: During the course of the review for a tentative tract propose , the Trails Advisory Committee identified the need to provide a north -south Community Trail in the general area of East Avenue to help implement the objectives of the Eques'rian Overlay District. Thi, issue was presented to the Planning Commission and, for the past several months, alternative locations have been considered. The original proposal reviewed by the Planning Comission, as recommended by the Trails Advisory Committee, was the location of a parkway Community Trail along the west side of East Avenue. (See Exhibit 'C' of the July 13th Planning Commission Staff Report). The Planning Commission, however, expressed concern about locating a Community Trail on East Avenue with the anticipated traffic reachin, 20,000 to 30,000 average daily trips by the year 2010. As a result, the Planning Commission recommended that the Community Trails be located on either side of East Avenue and located internal to any future subdivision (see Exhibit 'B' of the July 13th Planning Commission staff report). The area of the proposed trail alignments consists of a proposed subdivision, existing single family heaves on large lots or undeveloped properties. Therefore, the possibility of obtaining the dedications for the community trails appears likely when these parcels are developed in the future. III FACTS FOR FINDINGS: In reviewing the proposed amendment, the ann ng ocm ss on determined that the following findings could be made: 2Io CICSTAFF REPORT'.- - = t. SPECIFIC-PIAN -AM MOMENT 88.03 V� A. That the,subJect- properties are suitable for trail use in terms of access; size; -and Coeyatibility with existing land uses in the surrounding area; and B. Th at the Proposed Specific Plan - Amendment would not.have a significant-impact on the' environment nor the surrounding properties; and C. That the proposed_ Specific Plan Amendment 1s in conformance with the General Plan. IV. CORRESPONDENCE: This item his been advertised in the Daily Report newspaper as a public hearing. tful ted, ler City a BB:SN:mlg Attachments: Minutes of the July 13, 1988 Planning Commission meeting Planning Commission Staff Repo, )f July 13, 1988 Resolution of Approval Ordinance adopting Ettwanda Spcci'ac Plan Amendment 88-03 3It c' V, i° r EXHIBIT "A" Y r•rn enar r ' k T n J f a : —Mom .ant x wuuo •ra _� j F lMUZZAM _ .Dona at. Y 1 IL -•"•"• Equestrian Trails ® 81ke Lane (in vavemnat) "'t— Blke Path (in Parkway) [COMMUNITY TRAILS 5 -1i J 5 Motion: 143ved by Blekesley, seconded by Tolstoy, unanimously carried that a minimum of two uniformed guards should be requlye0, the hours of operation could remain as currently established, the yer W should be reviewed again by the Commission in 120 days, and that no exponSian of the'permlt be allowed at Oil time. Staff was directed to preparyryla an to be placed on the July 27, 1908 Planning Commission 69 =4. The conditions relstive to the -- entertainment permit are to be tdeni al to those originally approved, except Ls stated above. Cowlssionar Bhetels�ezcf�t bnutthavingitthtsf estab7lslrentcinRatltho Cucamonga. He felt if a items were brought into compliance and properly maintained, Harry GIs d be a welcomed addition to the Coomunity. R f f f # F. .. /c..n ,,. "all perulaing W 603mnity Iralls. Scott Murphy, Associate Planner, presented the staff report. vice - Chairman Chitiea opened the public hearing. Patrick McGuire, Etiwanda resident, q'iestioned the necessity of traits on Etlwdnda Avenue and the spacing of 400 yards to this new trail. He felt they should bb placed in a one mile span. He believed that even though the trails were designated Community Trails, they were actually horse trails constructed for the use of a small minority of citizens. There were no further comments, therefore the public hearing was closed vice- Chainun Chitlea respcnded the Mr. Mceufrels comments relative to the trails and explained they are community trails for use by people who like to walk or jog as well as pevle who ride horses. Caamissioncr Tolstoy stated he always felt that a trail along East Avcnuo is a bad idea brcause of the projected traffic. Ha was concerned with the trail crossing residential streets, and felt the crossings should re :elve special pavement treatment as well as proper signing, particularly where the trail crosses sidewalks. Commissioner Blakesley agrees and stated as long as this is ccmrunfty trail and can be maintained by the City he would support the placement. Commissioner Eme: ick concurred with movino the trail off East Avenue but was of those whoefavornmore equestrian alternati trails that it keeps thelcoarunityaopennAnd gives character to the community-, however, could not support replacement other than on a one for one basis based on the actual nudger of trail users in the City. Planning Commission Minutes -10- July 13, 1988 f e; Coamissioner Chittea stated that a community trail creates open space between projects and creates landscape buffers. She fully supports tie trail concept. Motion: Moved by Tolstoy, seconded by Olakesley, to adopt the Resolutions recommending approval of Environmental Assessment and Etiwanda Specific Plan Amendoent 68 -03 to the City Council. Motion carried by the following vote: APES: COMMISSIONERS: TOLSfOY, BLAKESLEY, CHITIEA NOES: CCMMISSIONERS: EMERiCK ABSENT: COMMISSIONERS: MCNIEL larrieo s + r f t 9:15 P.M. - Planning Commission Recessed 9:30 P.X. - Planning Commfssion Reconvened • s • t r C. fuauartal) to include portions Route, between Hellman and Yli (General Industrial). Modiff permitted uses may also be consi< Otto K- outfl, Deputy City Planner, pr Yfcr- Chairm,n Chftfea opened the publf Tom lynch. Plant Manager for Fass portion of the area designated Fasson Company. lie stated th wo Fasson remain in its current Sub res W n r es of Subarea 3 the rem on the south side d, currently located in m of permitted and cond the staff report. F hearing. Avery plant, stated that the southeast be plated in Subarea 3 is owned by the uld like to have that portion owned by and not be divided. Mr. Kroutfl stated that staf was unaware the two properties were under one designation. and He suggested modifications to the oSubaroa boundary to exclude the Fasson property from proposal. Thrre were no further c nts, therefore the public he,•ing was closed. Motion: Moved by 81 esley, seconded by Tolstoy, to adopt the Resolution recommending approval f Environmental Assessment and Industrial Specific Plan Amendment 98 -01 to tMm City Council. Motion carried by the following vote: 3/`} Planning Commission Minutes -11- July 13, 1988 i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 13. 1988 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Scott Murphy, Associate Planner SUBJECT: ENYIROMIENTAL ASSESSMENT AND ETINANDA SPECIFIC PLAN o o amen gure - o a wan ec Pl c an rcqupertas ining to Community Trails. I. BACKGROUM: On May 11, 1988, the Planning Commission considered a reques consider a Community Trail on the west side of East Avenue from a point 11,400 feet north of Highland Avenue extending north to 24th Street. After receiving all public input on the Rroposal, the Planning Comission expressed reservations about otating a Community Trail on East Avenue with the anticipated traffic reaching 20,000 to 30,000 average daily trips by the year 2010. As a result, the Planning Commission referred this item to the Trails Advisory Committee to review possible alternative trail locations. On May 18, 1988, the Trails Advisory Committee reviewed alternatives to a Community Trail along East Avenue. After considering the various options, the Committee felt that the preferrd alignment for the north -south Community Trail should be In the parkway along the west side of East Avenue. The Committee felt that the Community Trail would not create an unsafe situation and pointed to the Cities of Fullerton and San Dimas where equestrian trails are located along major arterials. As an alternative, the Trails Advisory Committee recommended that two Community Trails, one on each side of East Avenue, that could be located internally to any future development be provided (see Exhibit 080). The alternatives recommended by the Trails Advisory Committee were presented to the Planning Commission on June 8, 1988. At that time, the Planning Commission recommended that the trails located on either side of East Avenue be pursued (Exhibit 090). 3r5 ITEM F APLANNING COMIGSIO`" TAFF REPORT ESPA 8&03 - City ar�Fancho Cucamonga July 13, 1988 Page 2 el II. ANALYSIS• A. General: In evaluating the location of the Ca®unity Trails Tocafe`d—on either side of East Avenue, staff notes that the areas in questions are primarily undeveloped properties or 87 large lots with one or two single family hoecs located on them. The proposed tract by Lewis Homes on the parcel located at the southwest corner of East Avenue and Sumit Avenue, which v initiated the trail discussion, is in the process of gairg through the various City reviews and will be scheduled for the Plannina Commission in the near future (see Exhibit W). As proposed, this subdivision does not provide for a Community Equestrian Trail internal to the tract. If the proposed amendment is adopted by the City, the tract map would have to be revised to reflect this new condition With the Community Trails located on both sides of East Avenue, staff has somr, concern about potential mid -block crossings. Within Tentative Tract 13808, for example, the Community Trail would cross a local street mtd -block at the southern portion of the site and then extend north to Summit Avenue. At this point, the trail could either cross Summit Avenue mid -block or the trail fence could direct trail users to the intersection of Summit and East Avenues where the crossing could occur at a controlled intersection. If this were to happen, however, a Community Trail would have to be provided on the north side of Summit Avenue running to the west to meet the north -south trail (see Exhibit 'E'). B. Environmental Assessment: In reviewing the proposed, staff has determined ta no significant adverse enviremental impacts will be created as a result of the oroposed amendment. If the Planning Commission concurs, issuance of a Negative Declaration would be appropriate. fit. FACTS FOR FINDINGS: In order to amend the Etiwanda Specific Plan, e ann ng ssion must arrive at facts to support the following findings: 1. That the subject properties are suitable for trail use in terms of access, size, and compatibility with existing land uses in the surrounding area; and 2. That the propo ^ed Specific Plan Amendment would not have a significant impact on the environment nor the surrounding properties; and �)l �0 �il ti PLAN ,� NI C 1 0 REPORT tyfor ESPA 03,-' C Rancho Cucamonga July 13, 1988 Page 3 s". 3. That the an Amenduent is in c with Proposed Specific Plh the General Plan.- onfomance V IV. CORRESPONDENCE: This item has been advertised in The Oaily "..Pope i . a Public heRring. Retort =W ° RECOMEKIDATION: Staff rtcOmiends that -the Planning Coamissfon ago—PE-we-#-S-07umn reccomending approval to the City Council for Etiwande Specific plan Imendment 66-03. in f cattng Community Trails on both Sider East of Avenue, a issue a Yegative Declaration. Y. 11 Re Y so itted, sp �ul ly u y S* 41� 1 18r er City anner a. it 88 . v SM. c Attachaents: Exhibit A' - Existing COMMunity Trail Plan Exhibit GO* - Proposed Community Trail Plan - Alternative I Exhibit OV - Proposed Commity Trail Plan - Alternative 2 Exhibit 'D* - Proposed Tentative Tract 13808 Exhibit "Em - Hid-Block crossings of internal Comunity Trails z: z- Resolution Recommending Approval �il ti �a r_ Y� Q� �I x �i C y .. .ice Q .y R WE 9 4 ro r; :y V ot 9 2 Y y � • ii. 11 Itf �, i � c it t ` .• ; I y. I S i y �. r• r %I � i • e s e 1 * a ti o A ti`• i I . I t � .s • I y s� f is r 0.000S.-.9 .••T•• °� I• s c s i o s � f r--- f � 1 1 r . '' -- - -a 1 ' _ yl I 1 -✓ `�J��II Ir I / Li a � i ,,� I -,I�:} 1111• ^_' ' � • � � ° j,. CIT -Y (X RA CL'C��'10 ITE�4 3a1 EXHII31r, a SCAI.b- � Y� W.' m.�.�._ It Ir ?l fir. =�j � -- �.r' -I ��, °• , -- i if - - _ -I. ~-�•_ art_ =- == 4�•1 `Y +•�: `�� � , - �- CITY CT RANL'Iip CL'CA110.,\CA MENI, PUNNING DjX, SM ?ff1.F.r 1010, 3aaEXHIRM sL.%Lk. CITY OF RA -NCHO CUCAAIONGA STAFF REPORT DATE: June 8, 1988 TO: Chairman and Members of the Planning Comission FROM: Brad Buller, City Planner BY: Scott It , Associate Plainer SUBJECT: ETINANDA ,P�.;FIC PLAN AIENDMENI 88 -02 - CITY OF RANCHO request—to axn d th5e_EtfWA—nffa—Ve_cTffc—PTaW5 to estabilsh a Community Equestrian Trail on the west side of East Avenue from a point roughly 1,400 feet north of Highland Avenue to 24th Street. I. BACKGROUND: On Hay 11, 1988, the Planning Commission considered a reties establish a Community Trail on the west side of East Avenue from a point :1,400 feet north of Highland Avenue extending north to 24th Street and to establish a consistent wall design and setback for East Avenue. After receiving all public input on the proposal, the Planning Commission approved the wall design and setback for East Avenue. The Commission, hm, ever, expressed rvservatlons about a Community Trail on East Avenue. With the anticipated traffic reaching 20,000 to 30,000 average daily trips by the year 2010, the Commission expressed concern about the safety of equestrians using the trail. As a result, the Comission referred this item to the Trails Advisory Committee to review possible alternative trail locations. Ii. ANALYSIS• A. Trails Advisory Committee: On May 18, 1988, the Trails committee revlewe� proposed alternatives to a Community Trail on East Avenue. After considering the various options, the Committee recommended the following: 1 The preferred alignment for the north -south Community Trail is in the parkway along the west side of East Avenue (see Exhibit 'B'). The Committee felt that the Community Trail on East Avenue would not create an unsafe situation. The Committee referenced the cities of Fullerton and San Dimas where equestrian trails are located along major arterial roads. The fencing between the trails and the streets provided adequate separation between the two uses. Iu order to accommodate a trail at this location, the trail /parkway design could be modified across the 3a3 ITEM G -MISSIO ", CTAFF, REPORT :-City .;Rancho Cucamonga "not a part"- lot of Tentative Tract 13808 to minimize the impacts on the existing residence. The parkway could be designed with a ten (10) foot trail and a four (4) foot curb - adjacent sidewalk. This would require only two (2) additional feet of dedication. 2. If, the alignment of 'the Community Trail along East Avenue is not desired an alternative would be Provided two (2) Community Trails, one on each side of East Avenue, that would be located internally with any future development (see Exhibit 'C"). B. M s: As was noted at the previous Planning om tng, staff has some concerns about the of a Community Trail along East Avenue. icipated traffic reaching as high as 30,000 y trips and vehicular speeds between 40 and ap er hour, a Community Trail may not be appropriate. In evaluating the proposed parkway design for the 'not a Part' lot, staff notes that the City standard for a curb - adjacent sidewalk calls for a minimum six (6) foot wide walk (not including the curb). This would result in a minimum parkway width of 16 feet. The six (6) foot sidewalk, however, offers a very small safety margin for pedestrians. With the anticipated traffic volume and speeds along East Avenue, a six (6) foot walk could be utilized if there is landscaped area that could be used to avoid vehicles in the event of an emergency. With the three -rail PVC fence at the back of the sidewalk, a minimal eight (8) foot wide sidewalk should be provided adjacent to the curb to allow for a 'comfort zone" for pedestrians (see Exhibit "E "). III. RECOMENDATION: Staff recommends that the Planning Commission - cons er a e ements of the proposal and provide direction_ to staff on the desired alternative so that proper advertisement of the Community trail location can be made. The Amendment will then be scheduled for the Planning Commission as a public hearing. 3a4 r i ■ :;',G7;�y`.`iC��::r "tr:).`�l,°Ei`«+i.a'd..a)e,• - ». �..'..... - 'k')•e'.' -.;.i PLA.NNIWg COMMISSIGi;;jTAFF REPORT ESPA'88 -02 - City or Rancho Cucamonga June 8,'1988 Page 3 Res p lly s ted, Br Bul City ne BB :SM :vc Attachments: Exhibit 'A" - Existing Community Trail Plan Exhibit 'B' :'Proposed Community Trail Plan - Alternative 1 Exhibit 'C' - Proposed Community Trail Plan - Alternative 2 Exhibit '0" - Proposed East Avenue Section Exhibit 'E' - Not a Part" Lot Section (Modified Parkway) ,gas .'■ ,MEN V Y 3 Y r CITY Off' RANCHO CL:CANIO%'.-% PL.A. \\I\G DI\'LSK)N 3a(p ✓' . %X)RTI I ITE \I- G d2 _- TITLE waits EXHIBIT, -4'1 SLI.LE �n y� �n rn 11 r 1, _Y : . - � —•xf�s�Pii! 0 L LS S2 t S �3 `i I� L� m� 0 }i 3 x CITY OF RANCHO CL'C-�,Njo%A PLANNING DI1'LSM v < J J W ; W A� <W U1 NW G� _ < JW } F S =J Is 7� OM O ^W J Z `W Q N Q W ITEM it �sA4 E� oz 7M.E �9?44- �y fiM-0 GK/ EXHIBIT: d SCALE; -j30 h41 ti j d. IN i i F f. h RESOLUTION NO. 88 -134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONG,A RECOMMENDING APPROVAL OF ETIWANDA SPECIFIC PLAN AMENDMENT 88 -03 AMENOING FIGURE 5 -18 PERTAINING TO COMMIiNITY TRAILS. A. Recitals. Etiwanda SpecifichPlan Amendmento88 -03, Cucamonga s describedaindtheatitleaoifnthis Resolution. Hereinafter in this Resolution, the subject Specific Plan Amendment request is referred to as "the application". Rancho Cuciam)onga conducttedla,duly8nuticedlpublic hearing ion the application and concluded said hearing on that date. (tit) All legal prerequisites to the adoption of this Resolution have occurred. 0. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Camriasion of the City of Rancho Cucamonga as follows: l �ommlssfon hereby specifically u of the acts set forthIn the Recitals,Part A,f is Resolui na retrue andcorreect 2. during the above .eaferencedu public ihearing oncJuly 13. 1988,oincludinq written and oral staff rep rts, together with public testimony, this Commission hereby specifically finds as follows: located on the east and west sides of Trails East Avenue, from from aapoint roughly feet north of Highland Avenue extending north to 24th Strtet as identified on Exntblt "A" attached is part of this Resolution; and links between (b) The and pprrooposed Cmm�tty Trails provide necessary implement north/south g goals and objectives of the General Plan and Etiwanda Specific Plan. 3. during th abovesreferenced Publsicnhearingiandcupon thetopecificisfindingsiof facts set forth to paragraph 1 and 2 above, this CoasaisSion hereby fines and concludes as follows: (a) That the subject property is suitable for the uses permitted within the district in terms of access, size, and compatibility with existing land uses in the surrounding area; and - 3 2L a PLANNING COWISSIC 9ESOLUTION NO. ESPA 88 -03 - City or Rancho Cucamonga July 13, 1988 Page 2 (b) That the proposed Specific Plan Amendment would not have significant impact on the environment nor the surrounding properties; and (c) that the proposed Specific Plan Amendment is in conformance with the General Plan. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, this Commission hereby reccmmmends issuance of a Negative Drclaration. 5. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this Commission hereby resolves as follows: (a) That pursuant to Section 65850 to 65855 of the California Goverment Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 13th day of July 1988, Etiwanda Specific Plan Amendment 88 -03. (b) The Planning Commission hereby recommends that the City Council approve and adopt Etiwanda Specific Plan Amendment No. 88 -03. (c) That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 1988. PLANNING C��ON�l441SSSION OF THE CITY OF RANCHO CUCANONGA BY:1uann cPa. S anne a, rnwn ATTEST rou Acting Secretary I, Otto Kroutil, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution vas duly and regularly introduced, passed, and adopted by the Planning Corission of the City of Rancho Cucamonga, at a regular meeting of the Planning Comaission hold on the 13th day of July, 1988, by the following vote -to -wit: 333 'NN �0-mr-, ISSIV -RESOUrTIOU, HQ,- ESPA se -03 City iW Rancho Cucamonga July 13 Page 3 AYES: Comis SIONIP.S., TOLSTOY BLAYESLEY. CHITICA P10 NOES: COMISSIONERS: EMERICY ABSENT: COMMISSIONERS: WNIEL M\ na,D11;ANCE NG. 3� u `.c AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.RANCHO CMMNGA, CALIFORNIA, APPROVING ETIHANDA SPECIFIC PLAN ANEN1},yENi 88 -03. MENDINa FIGURE 5 -18 PERTAINING TO CMIUNITY TRAILS. WHEREAS, on the 13th day of July, 1988, the Planning Commission held a duly noticed public hearing persuant to Section 65854 of the California Government Code and recormandod to the City Council amendig Figure 5 -18 of the Etiwanda Specific Plan pertaining to Community Trails, and WHEREAS, on the 17th day of August, 1488, the City Council held a duly advertised public hearing to Section 65854 of the California Government Code SECTION 1: The Rancho Cucamonga City Council has made the f.ilowing findings: 1. That the subject Property is suitable for the uses per•'t:z:d within the district in tens of access, size, and cam flit, with existing land uses in the surrounding area; and 2. That the proposed Specific Plan Amendment would not have significant impacts on the environment nor the surrounding properties: and 3. That the proposed Specific Plan Amendment is in conformance with the General Plan. SECTION 2: The Rancho Cucamonga City Council has found that this project wiTT nol -create a significant adverse impact on the environment and approves issuance of a Negative Declaration on August 17, 1988. SECTIOII 3: The City Council of the City of Rancho Cucamonga hereby ordains asTeT%ws: 1. That pursuant to Section 65850 through 65855 of the California C:�nrnment Code, that the City Council of the City of Rancho Cucamonga hereby epproves on the 17 day of August, 1988, Etiwanda Specific Plan Amendment 8&-03, amending Figure 5 -18 pertaining to Cowunity Trails as shown on the a.tached Exhibit 'A'. 33 CA - n 4 IV EXHIBIT A F r: a DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT August 17, 1988 Mayor and Members of the City Council Brad Buller, City Planner Scott Murphy, Associate Planner ENVIRONMENTAL ASSESSMENT ANO ETINANDA SPECIFIC PLAN AMENDMENT Tfiaan� reques o amen e Dec c an es sh a consistent wall design and setback for East Avenue I. RECOMMENDATION: The Planning Commission recommends approval of wan a ec is Plan Amendment 88 -02. II. BACKGROUND: On 411y 8, 1987, the Planning Commission reviewed and unan mousy approved Tentative Tract 13063, located on the east side of East Avente, south of Highland Avenue. As a Condition of alongvaEastorAvehnUe. Also, decorative additional mlandscaping was required between the wall and the sidewalk to soften the impact of the wall. Following the Planning Commission meeting, an appeal was filed with the City Council. A portion of the appeal expressed concern about the design of the perimeter wall along East Avenue. On August 9, 1987, the City Council, after receiving all public input, modified the Planning Commission's Resolution to require the perimeter wall along East Avenue to be reviewed and approved by the Planning Commission prior to the issuance of building permits. On October 28, 1987, the Planning Commission reviewed a design concept for the East Avenue all, which consisted of woodcrete Comaissiondth tc input from Etf andaareside tesslshould behconsidered in arriving at a final wall design. As a result, a neighborhood meeting was conducted on December 21, 1987. At the neighborhooJ meeting, several design alternatives were explored. The concerns of the individuals present regarding the wall design were as follows: 1. The design should be easy to duplicate (i.e. simple) to avoid differences from one property to the next. 2 The wall should be easy to adapt to changes in topography, lot widths, etc. I CITY COUNCIL REPORT ' RE: ENV. ASSESS: d FSPA'M02 Auugguust 17, 1988 3. The design should be is unobtrusive as possible and should blend in with the streetscape. 4. The cost of the wall should be so expensive so as to significantly impact individuals or small developers. After residents f Etiwa l ndaa d the pPlanning Commission that the wall or East Avenue should be a stucco wall with rock Pilasters and rock IIiA Mene f_.._ r-6 III_ .... —. _ _ III. ANALYSIS: Since the Planning Commission approved the East Avenue wa esign on January 27, 1988, it has been a policy direction of the Commission to require developments along East Avenue to install the stucco and rock theme wall_ urrti the .�.,...__ IV. FACTS FOR FINDIMS: In review of the application, the Planning amm ss on a enn ned that the following findings could be made: A. That the subject Property is suitable for the uses Permitted within the district in terms of access, size, and compatibility with existing land uses in 'she surrounding area; and B. That the proposed Specific Plan Amendment would riot ha re significant impacts on the environment nor the surrounding properties; and C. That the proposed Specific Plan Amendment is in conformance with the General Plan. V. CORRESPONDENCE: This item has been advertised in The Daily ReDOrt newspaper as a public hearing. R full s ! d, rod D r 'ty 3 3�S d3:SM :ko Attachments: Planning Commission Minutes of May 11, 1988 Exhibit "Ae — East Avenue Wall Design Exhibit e8A _ Existing East Avenue Section Planning•CoamissionsResoiution Recoa endin Ordinance Approving Amrndnent 9 Approval -�t�:J �'.iL %s�,�vlii�'� �``YZ'ii1✓..(\,�� �n�•'"14���f'Y AYE ',COMMISSIONERS: TOLSTOY, BLAKESLEY, r 1� CHITIEA, EMER CNIEL - '� =�. NOES: ISSIONERS: NONE ;�• ABSENT: CO NEU: NONE arried � Motion: Moved 01Stoy. seconded by Resolution ' sle• adapt the recomsoe -, approval of En Development District ant 87 -03 t ental- 4ssessment ' and carried by the following. City •uxtl. Motion AYES: COMMISSIONERS: TO ESLEY, CHIT[EA, ENERICK, MCNIEL NOES: COMMISSIONERS: NON ABSENT: COMMISSIONERS: - carried f' Notion: oved Resolution approviby lronmentalsAsessmen adopter the ToCo 87 -29, with an tional condition stating dtttoto t this contingent u proval of Environmental Ass Amendment approval was t and General Plan 8 and Development District Amendma -03 b the it C 0uncil. an carried by the following vote: y e y AYES- COMMISSIONERS: BLAKESLEY, TOLSTOY, CHITIEA, K. MCNIEL COMMISSIONERS: NONE SENT: COMMISSIONERS: NONE - carried K. ENVIRONMENTAL ASSESSMENT AND ETiNANDA SPECIFIC PLAN AMENDMENT 88 -02 N U request to amen the wan a a Comm Avenue from a Point roughly 14 Ou feet TnorthooftHighlandoAvenue extending north to 24th Street and to establish a consistent wall design and setback for East Avenue. Scott Murphy, Associate Planner, presented the staff report. Chairman NcNiel opened the public hearing. Mr. McGuire, Etiwanda resident, apposed the trail a.igrvnent as currently Proposed Mr. McGuire also addressed the realignment of East Avenue and felt it was more appropriate to straighten out the street rathbr the curve proposed. 339 Planning Commission Minutes -10- May 11, 1988 � 'r There were no further comments, therefore the public hearing was closed. n\ Commissioner Emerick supported the wall design and setback for East Avenue. He was, however, concerned with the trail Issue given the traffic figures for East Avenue as supplied by the Engineering Division. Commissioner Chitiea advised that this item was brought to the Commission as a result of the Trails Advisory Committee's review of Tentative Tract 13808. During review of the Tract, the Committee noted that adequate north -south Community Equestrian Trail connections had not been provided by the Etiwanda Specific Plan. Commissioner Chitiea concurred with the wall design and setback as proposed for East Avenue. Commissioner Tolstoy stated his concern with the proposed trail connection based on the amount of traffic projected for East Avenue. He suggested that the Trails Committee review the location for alternative solutions. Commissioner Blakesley supported to concept of providing a north -south link to the trails system; however, concurred that the appropriate location should be studied further. He supported the wall design and • setback portion of the amendment. • Mr. Murphy advised that staff could take this Item back to the Trails Committee at their May 16th meeting. Mr. Buller suggested that if the Commission was comfortable with the wall design and setback for East Avenue, the Resolution could be modified to exclude the trail alignment from the approval. Staff would tiv-•n refer the trail alignment to the Trails Committee for their recommendation to the Planning Commission. He advised that Mr. McGuire would be notified of the hearing before the Planning Commission. Russ Maguire, City Engineer, advised that Mr. McGuire would also be notified of the public hearing for the tentative tract, which would be the appropriate forum for discussion of the realignment of East Avenue. Motion: Moved by Tolstoy, seconded by Chitiea, to adopt the R, elution accepting the wall design as consistent with the Etiwanda Specific Plan. The trail atigiment is to be excluded and brought back to the Commission under a separate item. Notion carried by the following vote: AYES COMMISSIONERS: TOLSTOY, CHITiEA. BLAKESLEY, EM.ERICK,IICNIEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - carried • f • f f 10:10 p.m. - Planning Commission Recessed 3 `0 10:20 p.m. - Planning Commission Reconvened with all members present Planning Commission Minutes -11- Hay 11, 1988 Y i CITY OF RANCHO CL'C-�kIONGA PLA\:NI.NG Df%,5 ON 34P, W M Z W Q I- t/9 R LU rrFNI: _ AZP,44r ez TM.E:- rL-AA:30V� EXHIBIT4-o-f _ S(,�LE: - - J J f � t W WF �E �W V E OW =M J W D Z W Q F In W CITY (X ITEJP __ t+SR.t &- OS R.�\CI Ci:CA- \K)�Y;.� TITI E _��Q] PLA�\I.�G L�X'LSIO(� 3�-'3 EXHIBIT, it S %LE L z. RESOLUTION NO. 88 -92 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF ETIHANDA SPECIFIC PLAN AMENDMENT 88 -02 TO ESTABLISH A CONSISTENT MALL DESIGN AND SETBACK FOR EAST AVENUE A. Recitals. r (t) The City of Rancho Cucamonga has initiated ar. application for Etiwanda Specific Plan Amendment 86 -02, as described in the title of this Resolutlon. Hereinafter in this Resolution, the subject Specific Plan Amendment request is referred to as "the application-. (11) On may 11, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (111) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, THEREFORE, it 1s hereby found, determined and resolved by the Planning Coission of the City of Rancho Cucamonga as follows: I. This Commission hereby specifically finds that all of the facts set forth In the Recitals, Part A, of this Resolution are true and correct. 2. Based during the above- referencedu Public ihearing on Mayr11, 1988, I cludlCommission and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The wall design and setback applies to all property located along East Avenue; and (b) A uniform wall design is necessary to establish a consistent, aesthetically pleasing streetscape; and recommended )isTnecessaryltoacreateea more ruralt atmosphere asiintendednbycthe Etiwanda Specific plan. Elm PLANNING COMMISSIO.. RESOLUTION NO. ESPA 88 -02 - CITY,OF RANCHO CUCAMONGA Mayll, 1988 - Page 2 3. Based upon the during the above-referenced Public nnearing iand cupon e thesp cificsfindingsiof facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) , That the suiject property is suitable for the uses permitted within the district in teams of access, size, and Compatibility with existing _ land uses in tha surrounding area; and (b) That the proposed Specific Plan Amendment would not have significant impact on the environment nor the surrounding properties; and (c) That the proposed Specific Plan Amendment is in conformance with the General Plan. 4. This been reviewed and considered in aomplianceawith he iCalifo niaiEnvironmental Quality Act of 1970 and, further, this Commission hereby recommends issuance Of a Negative Declaration. S. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Commission - hereby resolves as follows: (a) That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 11th day of May, 1988, Ettwanda Specific Plan Amendment 88- 02. (bl The Planning Commission hereby rtco ®ends that the City Council approve and adopt Ettwanda Specific Plan Amendment No. 88 -02. (c) That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. s " - kl isr1�' y,+',` i \;kYi(��.'`iY�,fyy`;���i�'i:'x Sri- Y:r�- :•';e._ :�;- ..nvY_ii.;; �;hs.:o-: °= V'i ±;- • -:s'i °s'ti :' ;,y�_*, :''';,,.•�PLAN IN6'�C01lIISSICj2QE3UTI N '•NO - ,• v' ^� u� ;• "rESPA Be -L2.= CITYsc • HaY.11k' 1988 }7g i" -4C"O 00CANOMMA , Y • Paae 3- e`�`�':' rVG%^�a��+tS.'. -�� - r•�"- `-ur =�`; APPROVED 'AND - ADOPTED'THIS 11TH DAY OF KAY,, 1988. PLANNING COMIISSiOa OF' ME CITY OF RANCHO CDCAMONGA u BY: Ltov �^ 1° u�f arty . c _ �a run I, Bra Bullor, Deputy Secretary ,of the Planning Coasissiod of the City of Rancho Cucaunga, do hereby certify that the foregoing Resolutin was duly and cityloflRancho Cucamonga. tda adopted ofethea0anningmCamisst of held on the 41th day of M{y; -1988, by the following - vote -to -wit: AYES: COMMISSIONERS: CHiTIEA. BLAKESLEY, EMERICK, HCNIEL, TOLSTOY NOES: COMMTSSIOHERS: HONE ABSENT: COMMISSIONERS: ME NE 11 34(0 A < v r , • � ' rO�V. OROIRAHCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE'CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANOA SPECIFIC PLAN AMENDMENT 68-02, A REQUEST TO ESTABLISH A CONSISTENT WALL oESIGH AND SETBACK FOR EAST AVENUE WHEREAS, on the 11th day of Mav, 1988, the Planning Commission held a duty noticed public hearing pursuant to Section 65854 of the California Goverment Code and recommended to the City Council amending the Ettwanda Specific Plan to establ,sh a consistent wall design and setback for East Avenue; and WHEREAS, on the 17th day of August, 1988, the City Council held a t•ity advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga City Council has made the following findings: 1. That the subject property is suitable for the uses permitted within the district in terms of access, size, and compatibility with existing land uses in she surrounding area; and 2. That the proposed Specific Plan Amendment would not have significant impacts on the environment nor the surrounding properties; and :. That the proposed Specific Plan kaendment is in conformance with the General Pla.; SECTION 2: The Rancho Cucamonga City Council has found that this project wiTT not create a significant adverse impact on the environment and approves issuance of a Negative Declaration on August 17, 1988. SECTION 3: The City Council of the City of Rancho Cucamonga hereby ordains as o aws: 1. That pursuant to Section 65850 through 65855 sf the — California Government Code, that the City Council of the City of Rancho Cucamnga hereby approves on the 17th day of August, 1988, Ettwanda Specific Plan Amendment 88 -02, establishing a consistent wall design and setback for East Avenue by modifying Figure 5 -20 and adding Figure 5 -28A as lndicatcd on the attached Exhibits 'A' and 'B'. a Y. L EAST Al WALL 6 EXHIBIT "A" l ANDSCAGE 4ASEMEMT EAST AVE4 -zuE FIG 5°-28 1. ;r -- CITY OF RANCHO CUCAMONGA ee STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Mtki Bratt, Associate Planner SUBJECT: EMJIRONMENiAL ASSESSMENT AND GENERAL PLAN MOMENT No. request amen a rcu a on a enen of—ihe Ceneral Plan to widen Cherry Avenue from +ha intersection of 24th Street ( Summit Avenue) to Interstate 15 from a Collector Street to I Secondary Arterial; and to designate as special design streets the above portion of Cherry Avenue, as well as, 24th Street between the Loop Road and Cherry Avenue, and the Loop Road. ENVIRONMENTAL ASSESSMENT AND EM(ANDA SPECIFIC PLAN EBCRiORt;IC A reques amen e E wan a pee an c'P1 T17 o w den Cherry Avenue from the intersection of 24th Street (Summit Avenue) to Interstate 15 from a C, lector Street to a Secondary Arterial; and to designate as special design streets the above portion of Cherry Avenue, 24th Street between the Loop Road and Cherry Avenue, and the Loop Road; and (2) to amend the trails map to relocate a portion of the equestrian trail to the north side of 24th Street. between Cherry Avenue to the eastern boundary of the City and to extend the bicycle trail on the south side of 24th Street from East Avenue to the eastern boundary of the City. RECOMMENDATION: The Planning Commission recommends rpproval of nera an ndmment 88-028 and Etiwanda Specific Ptcn Amendment 88-01. These amendments will change the designation for Cherry Avenue from a collector to an arterial and provfte for time installation of median islands in Cherry Avenue, 24th S:revt (Summit Avenue) between the Loop Road and Cherry Avenue, and alsn for the Loop Road. It will lncate the equestrian trait to the north side of 24th Street and provide for a bicyc:u trail along the south side of 24th Street. (See Exhibit "A" Location Map. '8" Plan D" View, "Co and " Street Sections.) p II. BACKGROUND: 350 The lication: To Comply with conditions of development for the TP—nTe—rrs--lMdg—e Project, the applicant re wests a thane of designation for Cherry Avenue from a collector to an arterial w 4 °. CITY COUNCIL STAFF REPORT GPA 88- 020 /ESPA 88 -01 August 17, 1988 Page 2 street. The change is necessary in order to handle traffic which will be generated by the project which is located in the City of Fontana north of 24th Street (Summit Avenue). Cherry Avenue improvements will be made by First City Properties prior to the beginning of the second phase of development of the Hunter's Ridge Project. Also, as a feature of the Hunter's Ridge Project the regional equestrian trail has been relocated northward along San Sevaine Wash within the project boundary and then eastward along the lower Edison utility easement (see Exhibit 'E'). The applicant requests that the trial designation be deleted along 24th Street (Summit Avenue) between. San Sevaino Wash and the I -15 Freeway, because this section of trail was intended to be the link to the regional trail and will be replaced by the Nunter's Ridge link. The Planning Commission recommends that tht trail be retained between San Sevaine Wash and Cherry Avenue and deleted between Cherry Avenue and the eastern City limit for reasons explained later in this report. Planning Commission Meetingof _y 25 1988 (Staff Report and mnutes a c : At t4h� s�� mee meeting the Planning Commission reviewed the above request. Then the Planning Commission requested special street designation for Cherry Avenue, 24th Street between the Loop Road and Cherry Avenue, and for the Loop Road. The purpose of the special designation is to expand the Gateway treatment at Cherry Avenue and the I -1S Freeway by adding median islands to Cherry Avenue, 24th Street between the Loop Road and Cherry Avenue, and the Loop Road. Trails Committee Meetln of June 15 1988 (Minutes attached): At mee ng a Wits amm a rev ewe the request to amend the trails map. The Committee expressed concern about safe equestrian crossings and requested trail access to the triangular parcel to the southwest of 24th Street and Cherry Avenue. The need for a bicycle path along 24th Street was also discussed. Plannln Coamtsson Meetin of June 22 1988 (Staff report cnd m.nu es at c s meeting a app cant and owners of adjacent properties requested a meeting pith Engineeringy staff for review of the wider right -of -ways needed to accammodate median islands. On July 6, 1988, staff, the applicant, and adjoining property owners met to discuss the right -of -way proposals in view of sitr constraints, including existing and proposed improvements to the San Sevaine floodway. The proposed right -of -ways were then adjusted by City staff to accommodate the existing .vter retention basins and proposed road improvements across the channel. 351 I", CITY COUNCIL-STAFF:REPORT GPA 88- 028 /ESPA 88-01 August 17, 1988 Page 3 designation should be retaictd between San S Avenue to provide access to an undeveloped southeast corner of 24th, Street (Srait Avenue. At present the parcel is zoned for use, (VL, lets than 2 dwelling 'units per possible that the zoning will be changed to a since a General Plan and Development Oistri filed (GPA 88 -03C, ESPA 88-05) and is shed Commission meeting of September 28, 1988. (Staff report and %r e equestrian trail parcel of land at the for ill. ANALYSIS: An application for General Plan Amendme::t and vie Tent District Amendment for a higher intensity of use has been submitted for the undeveloped parcel at the southeast, corner of 24th Street (Sumit Avenue) and Cherry Avenue. Therefore, it is recomanded that the trail section_ along 24th Street between San Sevalne Wach and Cherry Avenue be retained as an interim option urcil a decision is made on the use of the undeveloped parcel in question. Regarding the regional trail plan as designed by the applicant, a portion crosses an ad9oining property in the vicinity of San Sevaine Wash and the lower Edison utility easement. The applicant has stated that written permission of the pproperty owner to install the trail will be obtained or the trail will be relocated entirely on the applicant'; property. IV. CONCLUSION: If the City Council concurs with the reccamendation of e ann ug Commission, then the attached Resolut#on and Ordinance may be a:opted. /;Re e full � ano B8:M8:mlp Attachments: Exhibit "A" - Location Map Exhibit "8" - Plan View Exhibit "C" - Street Sections Exhibit "0" - Street Sections Exhibit 'E" - Equestrian Trails Map/Facility Easement Planning Commission Staff Report of May 25, 1988 Planning Commissicn Minutes of May 25,'1988 Trails Committee Minutes of June 15, 1988 Planning Commission Staff Report of June 22, 1988 P)annfng Commissiot Staff Report of July 13, 1988 Planning Commission Minutes of July 13, 1988 Correspondence from Applicant of July 21, 1988 352 I r 1 i 1111111111 City 1.1mum •��� UnI1601116lrted Area Within City 11p11ers of Influe"n• CITY OF R.A,N HO CUCA.M -WA PLANNING DIVISION PsTECr 0.EA i ITEM, GPA_ T -p1c31 ESPA BD —OI TrnEt L-or- EMHIBM "A r SCALB�_ � i r 0 24N 1 � r 1 O -- BICYCLE TRAIL --- EQUESTRIAN TRAIL Freeway Access t1 -7 SEE ATTACHED LEGEND \TH 354 CITY OF Mji -G PA 88 -02 ¢. ESPA RANCHO CLGImO.NGA TITLE, FLAN �Aeq PLANNING DIVISION EXHIBIT, W ol/ SCALE, yJ0- r w4.'P V,i LEGEND 'o r, 1. Cherry Avenue Change Designation to Secondary Add 14' median island '-; Increase to 90' right -of -way 29' Travel Lane Delete walk from west side Landscape Flood Control easement to top of berm 2. Equestrian Trail 24th Street (Summit Avenue) z Delete Trail From Cherry Avenue to I -15 Move trail to north side from Loop Road to Cherry Avenue w If the parcel of land southwest of 24th Street ( Surmit Avenue) is designated for a higher intensity land use than YL (2 -4 dwelling units per acre), the link trail shall be deleted from the trails map between the regional equestrian traii (northbound along San ' Sevaine Hash through Hunter's Ridge) and Cherry Avenue. Crossing at intersection of unnamed street d 24th Street (Sit, eastern boundary of Etiwanda Highlands) Crossing at Loop Road 3. 24th Street (Summit Avenue) Between Loop Road and Cherry Avenue Add 14' median island 27' travel lane North side parkway, 20' right -of -way with 12' equestrian trail, south side parkway, 14' right -of -way with 8' bikeway Except between Loop and .San Sevaine wash: North side parkway 12' right -of -way with trail located in adjacent Except across San Sevaine wash: north side and south side parkways may narrow across box culvert, but not less than right - of -way for trails. 4. 24th Street (Summit Avenue) Between Cherry Avenue and I -15 88' right -of -way unchanged North side section, City of Fontana Add bike lane in pavement S. Loop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6 Bicycle Trail on 24th Street Between East Avenue and I -15 Add bike lane in parkway between East Avenue and Cherry Avenue to connect bike trail sections to the east and west. Add bike lane in street between Cherry and I -15 to conform to Fontana Plan 3 �� 7. Intersection Changes Cherry Avenue and 24th Street ( Summit Avenue) (4 -way controlled) Cherry Avenue and Loop Road (4 -way controlled) 24th Street and Loop Road (4 -way controlled) 3 LOOP satwam 44th and F-18 Con ! -A I �a 11ETWEEH LOO RAND CHERRY FICA. 5 -35A =slue rA,CK4 zr't OW IZ�I z.so s�v� ��war r�'�uws• �x ul��re�; �Lli' Ndl' l�'.t�s'rF�N en. v�� vORTIi CITY OF 356 � Is TITLE+ srReST SECT /Orvs PLANNING DIVISION EXHIB 11C'/ i� SCkLE- -� .r r� I �C i d s 24TH. STREET BETWEEN CHERRY l 1 -15 Mr. S --oartQ CHERRY AVENUE FIG. 5 =36 VOR'fH 367 CITY OF rrENu G PA PS-02 D E�5 Pa R.+-.N CHO CUC-VVyyXSC1 88 -0� 7fILEr S'rRE�7^ CE'c'TIONS PLAPINING DIVISION EXHIBIT *P' SCALE, —5'- LEGEND 114MAD REGIONAL COUESTRIAN TRAIL 1 1 = 1 < 1 3 1 z I t f W Iq 1 i 1 N 1 e \,q)U TER S RIDGE .7 c i LL ( ; rtwexrua� l al - -ter F= v " 711! (/ � aunxrut /� ,s•� 1 S"k T Ave) r t 1 V i VORTH 35$ I Imo' CITY OF rrESt, r- PA9H— oZa4.Sp.9 a8 -ol R -A NCHO CL.C- kNKX\rA TITLE, RTkl0 /A[ e9GbfST'R /AN %iFA/L a PLANNING DIVISION LXHIBIT, ����� SCALE -- � r1T nc OA KTPUA ntff AUnMrA STAFF REPORT DATE: iyY 25, 1988 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Miki Bratt, Associate Planner SUBJECT: ERVIRONNEIITAL ASSESSMENT AND GENERAL PLAN AM;NOMENT 88-028 - FIRSTC 4 request o am ap e rcu a on aae—E n�o fhe General Plan to widen 'Cherry Avenue from Summit Avenue (24th Street) to Interstate 15 from a collector to a secondary arterial with an 88 foot right -of -way road section; and (2) to amend the Master Plan of Trails of the General Plan to relocate the trail on the south side of Summit Avenue tv the north of Sumit Avenue along the easterly City boundary. ENVIRONMENTAL ASSESSMENT AND ETINANDA SPECIFIC PLAN P amendment To—We-7tiwanda Specific Plan to p en Cherry Avenue from Summit Avenue (24th Street) to Interstate 15 from a collector to a secondary arterial with an 88 foot right - of -way road section; and (2) to amend the Community Trails Map of the Etiwanda Specific Plan to relocate the trail on the south side of Summit Avenue to the north of Sumit Avenue along the easterly City boundary. I. ABSTRACT: These applications request amendment to the Circulation Eieme- -of the General Plan and to the Etiwar�da Specific Plan to widen the ultimate right -of -way to 88 feet for Cherry Avenue and Sumit Avenue, as well as to make slight adjustments it the regional equestrian trail system. This action will serve to resolve certain legal obligations on the part of tho applicant resulting from the annexation of the Runt Club property by the City of Foatana. Based on traffic projections for development of the Hunt Club property as defined by the Hunter's Ridge Specific Plan and environmental review, staff supports the proposals. However, based on review of the future development of the area as a major entry into the City, staff recommends designation of Cherry Avenue between the 1 -15 Freeway interchange and Sunait Avenue as a ' am special highway' and recaenes increasing the ultimate right -of- way to 110 feet in order to provide for appropriate landscaping. �� f PLANNING C"ISSION STAFF REPORT GPA 88 -028 /£SPA 88 -01 - FIRST CITY PROPERTIES may 25, 1988 Page 2 If the Planning Commission concurs with the staff recoemtendation, the item will need to be readvertised and brought for public hearing at the June 22, 1988 Planning Commission meeting. II. LOCATION: The application site 1s located in the vicinity of F.venue and Cherry Avenue in the northeastern portion of the City (see Exhibit "1 "). General Plan land uses are: North - Single Family Residential, City of Fontana, Hunter's Ridge Specific Plan South - Flood Control East - Residential; Very Low (less than 2 dwelling units per acre); Etiwanda Specific Plan; (a proposal to change the designation to Neighborhood Comarclal and office is being discussed by the property owner) Hest - Flood Control III. BACKGRWM* This request by First City Properties is proposed to 741`emeenthe settleuunt agreement between the City of Fontana and the City of Rancho Cucamonga on annexation and development of the Hunt Club property. The development known as Hunter's Ridge is located in the City of Fontana, north of the City limits of Rancho Cucamonga along Summit Avenue and east of the San Sevaine Mash. The proposal 1s based on trai for the Hunter's Ridge Spe Rep(Irt. These studies tndfca genarate more than 24,000 v handle the increased traffi Cherry Avenue oust be lncri requesting that the existing Snit Avenue be changed from of -way) to secondary arterial id circulation studies completed Plan and Envlrormiental IoRact t at buildout, the project will trips per day. In order to anned street designations for Tnereford, the applicant is anon for Cherry Avenue and for mtlal collector (66 foot r%ht- iot right -of -way). IV. ANALYSIS: Several issues need to be considered, including traffic, aesUFetTc setting, timing of improvements, and maintenance of landscaping in the right -of -way. These issues are presented as follows: A. Traffic: Engineering staff supports the change 1n designation TFea cocollector to secondary arterial in order to handle the Increased traffic which will be generated by the Hunter's Ridge project (see Exhibits "2" and "3 "). 8. Aesthetic, Setting: Cherry Avenue and Su it Avenue will be eastern en r es e» into the City of Rancho Cucamonga. The applicant will improve the existing Summit Avenue in a manner consistent with City stxndaros and coWns-TiReff-w-W the Etiwanda Specific Plan with 20 feet of landscapina on the north side of the roadway within t..e City of Fontana (see Exhibit 44). 3 (00 PLANNING COMMISSION STAFF REPORT GPA 88- 020 /ESPA 88-01 - FIRST CITY PROPERTIES May 25, 1988 Page 3 Although the fmprovements to Cherry Avenue between existing Summit Avenue and the 1 -15 Freeway n erc ange meet traffic considerations, they fall short of an aesthetic setting for Gateway entry to the City. The Ettwanda Specific Plan identifies the intersection of Cherry Avenue and the 1 -15 Freeway as a City Gateway. Cherry Avenue and 24th Street are the travel paths for the gateway. Accordingly, 24th Street is designated as a special parkway designed under the 'unifying theme' of the Et'randa Specific Plan. To be consistent with the special treatment of Gateways and the 'unifyln3 theme' of the Etiwanda Specific Plan, Cherry Avenue should also be designated as a special street. Also, within the Minter's Ridge project, Cherry Avenue will be developed to a 110 foot right -of -way including landscaping and median divider (see Exhibit 05'). Therefore, in order to provide an apprcpriate setting for a Gateway entrance to the City and to be consistent with surrounding development, staff recommends that Cherry Avenue be treated as a Special Secondary Arterial with a 64 foot paved section, a 14 foot median, and 32 feet of landscaping with 5 foot sidewalk sections on both sides for a total 110 foot right -of -way designation (see Exhibit 060). C. liming of rovements: According to the Minter's Ridge 3pecii c an an environmental mitigation measures, Summit Avenue will be improved with Phase I construction of the protect. Improvement of the City portion of Summit Avenue will e made ay the developer with future reimbursement by the City. The Specific Plan and environmental mitigation measures also stated that for off -site improvements, Cherry Avenue should be improved to four lanes In accord with traffic demand. The traffic Avenue will cocacurswhent1 a100nresidential travel units have been occupied. It is further stated that upon completion of Cherry Avenue improvements, another 700 units may be occupied. The completion of Cherry Avenue improvements would approximately correspond to buildout of Phase I at 1,654 units. However-, the Fontana City Council, at staff's suggestion, did alter this mitigation measure from occupancy to buglding permit issuance and made a determination that maintenance would be the applicant's responsibility. PLANNING C"ISSION'STAFF REPORT GPA 88- 02B /ESPA 88-o1 - FIRST CITY PROPERTIES May 25, 1988 Page 4 D. landscape maintenance will be provide lightlnq, and maintenance district. At th for maintenance of landscaping for improi Cucamonga have been made. However, it is City and developer will reach an agr maintenance prior to issuance of improvement:. Y . r —Way r -- oV_ Fontana, a landscape, no Provision within Rancho ated that the on landscape -for streat t E. Axndment to the Trails Ma • The proponent is proposing to re eca a sec on o We esignated trail to the north side of Sun1t Avenue. this section would connect with improvements to trail Fontana along the SannSevAfnelwash on the west boundary of the project. Aece.dingly, the section of the trail east of San Sevaine Wash would bb ;'tleted. Staff has no objections to the relocation of the trail "o the north aide of the right -of -way and deletion of the portion of the trail along Summit Avenue which will be re-routed through the Hunter's Rid3e project. (see Exhibits '7' and "8 "). V. ENVIRONMENTAL: In conjunction with the appplication, an Initial re m nary Environmental Assessment, to conformity with the i requ.rements with the California Environmental Quality Act, has been prepared and the proposal would have no significant adverse effect make a on the ding of nonsignificant impact on the enfviroinment may recommend certification of a Negative Declaration. VI. RECOMMFHDAi10N: Staff recommends public hearing discussion of the MC eneral Plan and Etiwanda Specific Plan Amendments. If the Planning Commission agrees that the right -of -way for Chem Avenue should be 110 feet, the item will need to be readverttsed and brought back for public hearing at the June 22, 1988 meeting of the Commission. Re fully it , . B d B B nner BB:MR, to off. Attachments: Exhibit "1' - Lotation Map Exhibit "2" - Summit Avenue Existing and Proposed Sections Exhibit 03" - Cherry Avenue Existing and Proposed Sections Exhibit "4' - Summit Avenue Landscaping Sections Exhibit *SO Cherry Avenue Landscaping Sections Exhibit '6' - Staff Recomended Cherry Avenue Concept Exhibit "70 E.S.P. Existing Community Trails Exhibit '8' - Proposed Trail Plan YV M ETIWANDA SPECIFIC PLAN OVERALL PLAN CONCEPT U Lr 1 L O /�ffe /-�� Y RA1NCHO 1..1�1.tkl YMCA RANNM DiVEM 3(03 zar I HKO ` eSej PROTECT SIAM AUA j* C.Q.. e- hood Other Comm. Freeway Ir°I ACUq �� Ne or Hoed ♦e�I Community Tuil Q Lower © Nealdenllel l ly Nlghet Foothill blvd. S.P. 1 `1111111 rrEM, SPASS -02S DOASS-01 TITLE, -IOCATI0h MAP EXHiBR', �_ SCALE, _15/ c� RrK.V /D �' RX/OUW E1t/•w R& ', 10, (STING CO 7we. 125 B6 QELWAImp ?Wtewwis7TX/ GENERAL PLAN /ETIWANDA SPECIFIC PLAN AA � c,N� PROPOSED STREET SECTION SUMMIT AVENUE (24TH STREET) CITY OF MENts CPA 6R -02R nDA eB -al RANCHO CUCAXKX' GA TITLE,-SUMMIT AVEWUF PL/WNINC; DiVLSION :�>(�� EYFi18rT, ScALE' NojmF- EXISTING CONDITION ETIWANDA SPECIFIC PLAN COLLECTOR PROPOSED STREET SECTION SECONDARY ARTERIAL CHERRY AVENUE (SUMMIT AVENUE TO INTERSTATE 15) CITY OF RA�INCHO CUCA, -vKX%A PLANNIING aV61ON 3K RE%U _GPA 8 l!QZ8 DQn siu.ni TITLE: [I4ERXY AVCNuic EXHIBIT':_33 SC%LE: NOME 5 /-Z 45-IW wv" i SUMMIT AVENUE HUhITEIVS RIDGE ONSITE SECTION WALL CITY OF rrrMt _CRA sS -Q?R ODA as -ol c RANCHO CLrCAiYlQNGA TIu, SUMMIT AVENlIG PLANNING DIVEM EXHIBIT- _'4SGLE, -ROME A, LISS> ' LANE SI STREET 'IM - ROTA SIDES OF 4 MEAISIEIUIG JOGOVIG PATII / YlA"WAY COIIMISSTY THEME WALL. 0 tux TIN" CHERRY AVENUE HUNTER.'S RIDGE ONSITE. SECTION! U! •Y,yq�►onr ttll7x Of tiltltli TMCM WAIF. CITY OF ITEM, 6P8 eB•02H DDA 88.01 RANCHO CLCANn f;A Tnu, N�RRY AVf1�IxF PLANNING DIVISION 3 (o% EXHIBIT- 6 SGLE +.NONE S /is /W b PROPOSED CNERRY AVENUE CONCEPT FROM SUMMIT A' c IUE TO I-IS STAFF RECOMMEMDATION CITY OF RANCHO CU- CAMONGA PLANNING DIVL5IW 30 ITEAU _GPA 88 -0213 DDA 88 -01 TI T'LE- PROPOSED CHERRY AVE CONCEPT" ExillBif._to SG\LE =-NONE /a -s /F!s 9 w A C• ETIWANDA SPECIFIC PLAN EXISTING COMMUMITY 'MAILS CITY OF °' RANCHO CL'CA:vIONGA PUNNING D[VE M 'b 69 IHUM s„ RIC -- PRUSECT AREA PROTECT AREA MOVE TQ MORTH SLOE % s�: OF SUMMIT AVE 4,.7* ftN CITY OF 11 i1 RALMHO CL'CAI ONGA PLANNING DIVU)N -6-70 i / ( DELETE / TRAIL SECTIOII! Community Trill Lower 1 %%ldenllal 1 OtnUly © Nlyher Foothill bled. S.P. �J L.wtt n MEMU _6PA 88 -»3 DDA M -01 Tnu, PROPOSED TRAIL PLAN EXHiBrr. 8 ALE, hbor o y Commercial Other Camm. inaw y = : Ma ar noed Community Trill Lower 1 %%ldenllal 1 OtnUly © Nlyher Foothill bled. S.P. �J L.wtt n MEMU _6PA 88 -»3 DDA M -01 Tnu, PROPOSED TRAIL PLAN EXHiBrr. 8 ALE, -.1', C. DEVELOPMENT REVIEW 87 -54 - CHIM - The dev tote 1ng 1 4 square feet on .2 acres and pin nthe Industrial restaurant District, Subarea 7, Iticated at the theast corner of Red Oak Street and Laurel Street - 4.40 208 -351- Potion: Moved by Chitiea, sec ad by Blakesley, unanimously carried, to adopt the Consent Calendar. PUBLIC HEARINGS D. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88 -028 - FIRST CITY P P S- n amentlmant to t o rcu at on errant a t e enera P aTe to widen Cherry Avenue from Summit Avenue (24th Street) to v Interstate 15 from a collector to a secondary arterial with an 88' right. Of-way road section and amend Summit Avenue to a,1 88' right -of -way road section. (2) Amend the Master Plan of Trails of the General Plan to relocate the trail on the south side of Summit Avenue to the north of Summit Avenue along the easterly Ctty boundary. E. ENVIRONMENTAL ASSESSMENT AND ET1WAil0A SPECIFIC PLAN AMENDMENT 88 -01 P - n amen gent to t o t Wanda ec c w an C err venue from Summit Avenue (24th Street) t p Interstate a 15 from a collector to a secondary arterial witn an 88' right -of -way road section and amend Summit Avenue to an 88'right -of -way road section. (2) Amend the Community Trails Map of the Etiwanda Specific Plan to relocate the trail on the south side of Summit Avenue to the north of Summit Avenue along the easterly City boundary. Otto Krouttl, Deputy City Planner, gave a brief overview of the amendments. Staff recommended that the Plan,' g Commission continue the public hearing to June 22, 1988 This would a :w time to readvertise the items with an amendment to widen the right -of -way for Cherry Avenue to 110 feet. Chairman McNiel opened the public hearing. Doug Lyon, 12477 Ironbark, Rancho Cucamonga, asked the re -ning for widening Summit Avenue William Silva, Deputy City Engineer, explained that Summ would be widened to its ultimate right -of -way width to bring It Into consisilncy with the Etlwanda Specific Plan Further, the widening would enable the street to handle the projected traffic load. Mr Lyon Indicated that this was his first exposure to the amendments and he had several questions Chairman McNiel suggested that Mr. Lyon meet with City staff prior to the June 22nd Planning Commission meeting when the items would be heard in depth. Planning Commission Minutes -2- 37l May 25, 1988 There were no further public comments. Commissioner Tolstoy proposed that as part of this amendment the Planning Commission consider extending the median from its current termination point at 24th Street and the Loop Road intersection. He suggested that the median be extended across 24th Street to Cherry Avenue and that a median also be Provided on the however, suggested owthat othe RCommissionndirecthStaffe to explorec the rmedian possibilities. The Commission concurred with this direction. Motion: Moved by Chitiea, seconded by Blakesley, unanimously carried, to continue Environmental Assessment and General Plan Amendment 88 -028 and Etiwanda Specific Plan Amendment 88 -01 to the Planning Commission meeting of June 22, 1988. 1 f f i f F. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88 -02A - ACACIA CONSTRUCTION - request to amen the Lan se ement o the Genera P an nom edium eildentlal to Low- Hedium Residential on approximately 42.26 acres of la , located north of Highland avenue, south of Lemon Avenue extension, a west of Deer Creek Channel - APN: 207 - 271 -34 (portion), 41 (portion and 42. G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 88 -01 - N U N - equest to amen o the eve ever itr tt Des gnat on o Medium R identtal to Low - Medium Residential on approximately 42.26 acres, to ted at the north side of Highland Avenue, south of Lemon Avenue extensio and west of Deer Creek Channel - APH: 201 - 271 -34 (portlun), 41 (purtion , and 42. Dino Putrino, Assistant Planner, presente the staff report. Chairman McNiel opened the public hearing. Gary Andreason, 450 Mariposa, Upland, Califo ia, gave an overview of * -he project Mr. Audreason concurred with the solution and Conditions of Approval. There were no further comments. therefore the public ears ng was closed. Commissioner Chitiea commented that it was nice to ee a request for a decrease in density came before the Commission. Planning Commission Minutes -3- 3 7c� May 25, 1988 f' { L 3 :t a T 7RAILS ADVISORY CMUTia 4 ° COR# I am Y o Jlay 1s. I" 1 W PProject =ptfam ETIYARDA SPECIFIC "PLAN AMElOMEIIT 88 -0I - FIRST CITY PROPERTIES - A reques wa c an o. n Tra11 frog we'south,'stde to the north side of 2oca 4th St • reify Street at the eastorn and of the city. ree Issues: 1. The Etiwands Specific plan currently shows a the South Side Can fty T raf1 on o4de The n }� Community Trail of 24th the north e of the South ae side of 24th Street through a previous endunt to ensure that would be Community approved. and "Intained by the City. that Action° The Coanittee felt that the trail could be relocated to the north side of 24th Street providing the following could be made: 1. The crossing of 24th Street should occur On the west side of Sin gnaSlized).Wa� intersection at a Controlled (four way stop or 2. The trail should extond �o Cherry Avenue to serve the •VL• zoned property at the southeast corner of Cherry and 24th Street. 373 e CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: June 22, 1988 _ T0: Chairman and Members of the Planning Commission _ FROM: Brad Buller, City Planner BI: Miki Bratt, Associate Planner SUBJECT: ENVIRONMENTAL ASSE;,SMEHT AM4 GENERAL PLAN AMENDMENT N0. ace rs ro er as - reques e rcu a on emen o General Plan to widen Cherry Avenue from the intersection of 24th Street Avenue) to ' nterstate 15 from a collector (existing Summit t a secondary arterial with an 110 foot right-of-way and to widen 24th Street, east -of- the -loc, (existing Summit P2) Avenue) t an 110 foot right -of -way. Amend the Master Plan of Trails of the General Plan to relocate the trail an ingsoSummit Avenue) to4the northtsideaof 24th Street, (exis east -of- the -loop, along the northerly City boundary and to delete a pardon thereof. mendnc.� - -•' - ame— n�t'he Eti�Sn�a Sptc c an w en Cherry Avenue from the intersection of 24th Street (existing Summit arterial with Interstate an 110 foot f r ght -of -way collector a and towiden secondary Street east -of- the -loop (existing Summit Avenv4 in the foot rightaf way. (2) mndthfe Raster lannrf 7 ailsito relocate the trail on the south side of 24:.`. street, east - of -the-loop, (existing Summit Avenue) to the north side of 24th Street, east -of -the -loop, along the northerly City boundary and to delete a portion thereof. ABSTRACT: -The original amendment to the Circulat' m Element of the _nera Plan and to the Etiwanda Specific Plan for Cherry Avenuo was initiated by First Cities Properties (Exhibit 'A', Location). However, because Cherry Avenue, as well as the Loop Road and 24th Street, east of the Loop Road (Sn=it Avenue), will be important ialy City, Planning C requested spec landscaping with median islands f these three roadways which would require additional right -of -way. (Exhibit 'C' and 'D') ^0'14 l PLANNING MISSION STAFF REPORT GEdERAL PLAN AMENDMENT 8842B June 22, 1988 Page 2 First Cities PTeertles has also requested amendment to the trslls map (Exhibit "B Location). They request deletion of the trail section eastward along 24th Street, (Simwit Avenue) from the property bocndary at San Sevaine Nash to the I -15 Freeway because they are routing the link with the regional east -west equestrian traii through the Hunter's Ridge project. Along 24th Street ( Sunit Avenue) in the vicinity of San Sevaine Nash, it is recommended that the equestrian trail be located on the northside of the street. To make these changes in the Circulation Element of the General Plan and in the Etiwanda Specific Flan, the attached resolutions should be adopted. ~ : II. BACAGROUND: The original application to amend the Circulation emen o the General Plan was readvertfsed at the request of the s : Planning9 Commission to consider the following changes (Exhibit 'E' and "F'): a Widen Cherry Avenue from 24th Street east of the Loop, from a collectcr to a secondary arterial with a right -of -way mad section of 110 feet. o Widen 24th Street east of the Loop (Summit Avenue), from a collector to a secondary arterial with a -fight- of-wa7 road section of 110 feet. The purpose of increasing the right -of -wn r Cherry Avenue (Figure 5 -36); for 24th Street east of the L ,, ,7Jgure 5 -35); and for the Loop Road (Figure 5 -345 is: (See Exhibit 'C' and "D') 0 Provide width for the addition of a landscaped median island in each road; o Through the use of landscaping and other means, create an adequate gateway statement for a major entrance into the City, the Etiwanda Community and the North Etiwanda Community. III. ANALYSIS• MMIAM ISLANDS: Engi,,eerfng staff has reviewed the above proFosals an recemmen s installation of 14 -foot median islands in Cherry Avenue ( Figure 5 -36); in 24th Street east of the Loop (Figure 5- 35); and the Loop (Figure 5 -3a). (See Exhibits "C" and "D"). ..J r%Jr' , PLANNING COMMISSION STAFF REPONT GENERAL PLAN ATMENDRENI 88 -0ZB n June 22, 1988 Pane 3 •� Cher Avenue (Figure 5 -36) would be expand. ^d to include 64 feet of pav ng, a median island, and additional partway landscaping for a total 110 -foot right -of -way. The applicant has identified the flood control facilities on the west side of Cherry Avenue as a possible constraint to constructing the roadway, median island, sidewalks and parkway to the full 110 - foot right -of -way width. These issues are being reviewed by the Engineer{tg Division and any problems or constraints can be resolved prior to approval of an actual construction project. San Bernardino County Flood Control District has been atked to comment on the proposal and their staff is reviewing options. One possibility would be to move the centerline of Cherry Avenue to the east in that portion of Cherry Avenue where the flood control facilities cannot be modified. Since the minimum width for a median island is 14 feet and the minimum pavement for the predicted level of traffic wouli be 64 feet, therefore, the only flexibility is in the width of the sidewalks and landscaped parkways. A narrower parkway and deleticn of the sidewalk on the west side of Cherry Avenue adjacent to the flood control facilities could also reduce the width of the right - of -way. 24th Street, east of loop Road (Figure 5 -35) is currently planned tar a ri- or-ways dr-96 feet. In order to accommodate a mediae. island, right -of -way should be increased to 110 feet. The loo Road (Figure 5 -34) is currently planned for a right -of -way o ee . A median island can be added without increasing the right -of -way, if the landscaped parkway is reduced on each side of the roadway. Planning staff supports the inclusion of the landscaped median islands for t�- above roads as an appropriate visual link between the 24th Street Parkway and the major City entry at the - - intersection of the I -15 Freeway and Cherry Avenue. (See Exhibit .09). Trails: The Trails Committee reviewed this proposal at their meeEing of June 15, 1988, but comments were not available in time to be included in this staff report but will be reported at the Planning Commission Hearing. The trails map (Exhibit 'B ") shows planned trail extensions. 3'1� PLANNING COMISSION STAFF REPORT GENERAL PLAN AMENOI(ENT 88_028 June 22, 1988 • V Page 4 1 - One extension is a continuation of the City Comwnfty Trail *stem along the west ,side of, San Sevalne Wash as cart of the Etiwanda Highlands Planned Comnity. The other extension travels-north on the east side _of San Sevaine. Wash as part of the Hunters Ridge Planned_ "Ccasnnity td the• City -of Fontana. !The- latter tWl connects to-as east- west•.extension of,- the,;County Regional Trail System and also; links 'with` the, Equestrian'TrafIhead planned within the 16nter s Ridge Community.' IN Hunter:scRidge•Regional Trail Plan replaces the planned extension along the I -15 Freeway. IV. ENVIRONMENTAL ASSESSMENT: An environmental assessment -has been completed by s a verse ,effects have been identified -as -a consequence of amending the General Plan or ,the Etiwanda Specific Plan. Therefore, the Planning Commission should reccvarnd approval of a Negative Declaration under the California Environmental Quality Act. V. FACTS FOR FINDINGS: The following findings can be made: (a) The amendment does not conflict with the Circulation policies of the General Plan or of the Etiwanda Specific Plan; and (b) The amendment promotes the goals of the Circulation Element of the General Plan and the Etiwanda Specific Plan; and (c) The amendment would Pot be materially injurious or detrimental to the adjacent properties. VI. RECQWFNDATION: If the Planning Commission agrees with the above ac 'for 7thdings, the Planning Comafssion should adopt the attached resolutions in support of the amendment to the Circulation Element of the General Plan and amendment to the Etiwanda Specific Plan. AReg ly tted, 4�er BB:MB :ai l J7 / •c e dune zz, •tyun'= ..x':v_ , Page 5 Attachments: Exhibit 'A' - Location Map - Streets Exhibit `B'•- Location Map - Trails Exhibit 'C' _ Cherry Avenue . - Exhibit '0' - 24th' - Street, East of the Loop and the,Loop between 24th -Steet and I -16 Exhibit 'E' - Planning Commission Staff Report of MAV 25;-1988 Exhibit 'F', - Planning Commission Minutes of tt*y 25,• 1988. Resolutton Reccamending Approval of General Plan - Amendment, &:: -028 Resolution Recoim%mdfny Approval of Etiwanda Specific Plan Aaeodaen.8Li01 MICKM 14 T1 - y• - {TN. EA our 04 PWTECT AREAS yG r ROM '� IOIiVO AM f i / .a Y rb" ® Freeway Ac %ess a Major Arterial Secondary Arterial �' nnn^riin Special Design •J � / IIIII• "^'•• Collector Local Streets EIWANDA SPECIFIC PLAN STREET SYSTEM rarrH CI'T'Y OF REM, GPA SS -028 ESp BS -01 RANCHO CUCAMONGA Triu, LOCSI —ID MAP- STR6ET5 PLANNING gV61pN 37tj EXHIBIT: — 1L-rG LE. oN A r-- M. it M PROJECT AREA\ ?YS� HUNTERS ` RIDGE ■>• PR07EC �..nllc.» -� R.�n�.iwiiiis. i•.«�♦��^^� � _ _ r ��ELVE� TRAIL/ - 5, SECT100.1 AW x N]lAp AM /� ---i1 �ZI a`Joe Equestrian Trails um' Bike Lane (in Pavement) Yy Bike Path (in Parkway) / rwmu am -- -- Plone ad'rai Is '` NORTI{ � S CITY OF �= � RAIVCHO CUCrLV1ONCA rrEM` GPA 88.02 Fsaaa.�i PLANNING DI Trr[-Es IkeAl toe) tiA-TRA? 1LS VLq�N ✓gD EXHIB at—SCALE h!O— FF ea 0 CHERRY AVENUE PROPOSED FIG. 5 -36 Clry OF rMt, S °A AB -�26 Asa 8� ni RANCHO C:,G1'V . A TnU, • CHERRY AYE PLANNING DlVna q 7 SG1L6 EYHIBITf a •� - �_ -- NONE G IDA- t� LOOP Batwoon 24th w d 1-15 PROPOSED FIG. 5 -34 PROPOSED 24rA STREET Ewt of Loop FIG. 5 -3.5 CITY OP PLANNING DIVISION 3$�, TrrU, (�O a 4 Ni f? l?EET(t�sTdF000 EYHIBM ---52�SCAM b^..7Z'. ^�S V is L Notion: Moved by Tolstoy, seconded by Blakesley, to adapt the Resolution approving Environmantal Assessment and Tegtffffive Parcel Map 9897 with the additional condition requiring submittal of A ,,ter plan for the landscaping of the medians within Terra Vista ParkwEy and Church Street. Notion carried by the following vote: / AYES: COMMISSIONERS: TOL$TOY, BLAKESLEY, CHITIEA, ENEP.ICK, MCNIEL NOES: COMMISSIONERS: jt6ME ABSENT: COMMISSIONERS: /NONE - carried 1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 89 -020 - FIRST CITY YA7SPE - request to amend a rcu at on emmnt o t.e enera alto widen Cherry Avenue from the intersection of 24th Street (existing Summit Avenue) to Interstate 15 from a collector to a secondary arterial Tan 110 foot right -of -way and to widen 24th Street, east -of -the -loop, (existing Summit Avenue) in the vicinity of Cherry Avenue to an 110 foot right -of -way. (2) Amend the Master Plan of Trails of the General Plan to relocate the trail on the south side of 24th Street, east -of- the -loop, (existing Summit Avenue) to the north side of 24th Street. east- of -the- loop, along the northerly City boundary and to delete a portion thereof. J. rnvrcm ,c.a - ta) h rzqursi to amens me ttiwanda ]pecitic Plan to�Cherry due from the Intersection of 24th Street (existing Summit Avenue) to Interr',te 15 from a collector to a secondary arterial with an 110 foot right -of -way and to widen 24th Street east -of- tee -loop) existing Summit Avenue) in the vicinity of the intersection with Cherry Avenue, to a 110 foot right -of -way. (2) Amend the Master Plan of Trails to relocate the trail on the south side of 24th Street, east -o °-the -loop, (existing Summit Avenue) to the north side of 24th Street, east- of -the- loop, along the northerly City boundary and to delete a portion thereof. Chairman McNiel advised that the applicant for this Item requested a continuance to the July 13, 1988 Planning Commission meeting. He then opened the public hearing. There were no comments. Notion: Moved by Toistoy, seconded by Emerick, unanimously carried, to continue Environmental Assessment and General Plan Amendment 88 -029 and Environmental Assessmert and Etiwanda Specific Plan Amendment to the regular Planning Coammission meeting of July 13, 1988. . . . . . The roll, -Ing Items were /neard concurrently Planning Cor _sin Minutes -8 Juqe 22, 1988 ;�3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 13, 1988 T0: Chaieaan and Members of the Planning Comission FROM: Brad Buller, pity Planner BY: Miki Bratt, Associate Planner SUBJECT: E4YIRC:MENTAL ASSESSMENT AND SEMERAL PLAN AME -- - .1.11, yr A/N Wl6M A - reques amen a fir=lation tienent of—Vie General Plan to widen Cherry Avenue from the intersection of 24th Street (existing Summit Avenue) to Interstate 15 from a collector to a secondary arterial with a 110 foot right -of -way and to widen 24th Street, east -of- the -loop (existing Summit Avenue) to & 110 foot right -of -way. (21 Amend the Master Plan of Trails of the General Plan to relocate the trail on the south side of 24th Street, east - of -the -loop, (existing Summit Avenue) to the north side of 24th Street, east -of -the -loop, along the northerly City boundary and to delete a portion thereof. uuuMR11N - 11) A request to amend the Etiwanda Specific — Plan widen Cherry Avenue from the intersection of 24th Street (r isting Summit Avenue) to Interstate 15 from a collector to a secondary arterial with a 110 foot Hot - of -way and to widen 24th Street east -cf- the -loop (existing Summit Avenue in the vicinity of the intersection with Cherry Avenue) to a 110 foot right -of -way. (2) Amend the Master Plan of Trails to relocate the trail on the south side of 24th Street, east- of•the -loop, (existing Summit Avenue) to the north side of 24th Street, east- of -the- loop, along the northerly City boundary and to delete a•_ _ portion thereof. I. ABSTRACT: The original amendment to the Circulation Element of the nhe e� —Plan and to the Etlwanda Specific Plan for Cherry Avenue was initiated by First Cities Properties (Staff Report of June 22 1980, Exhibit A', Location), however, because Cherry Avenue, as well as the Loop Road and 24th Street, east of the Loop Road (Summit Avenue), will be important entryways to the City, the Planning Comission has requested special landscaping with median islands for these three roadways which would require additional right -of -way. (Staff Report of June 22, 1988, Exhibit "C' and 000) PLANNING COMMISSION STAFF REPORT GENERAL PLAN AMENOMENT,88 -028 July 13, 1988 Page 2 First Cities Properties has also requested amendment to the trails map (Staff Report of June 22, 1986, Exhibit "B' Location). They request deletion of the trail, section eastward along 24th Street, (Summit Avenue) from the property boundary at San Sevaine Nash to the I -15 Freeway because they are routing the link with the regional east -west equestrian trail through the Hunter's Ridge pro!ect. Along 24th Street (Summit Avenue) in tie vicinity of San Sevaine Nash, it is recommended that the equestrain trail be located on the northside of the street. To make these changes in the Circulation Elemvent of the General Plan and in the Etiwanda Specific Plan, the attached resolutions should be adopted. II. BACKGROUND: The Applicant's request and the Planning Commission's recomsendation are discussed in the Staff Reports of May 25, 1988 and June 22, 1988. This staff report provides a brief chronology for this application. Planning Commission Meetin of MAy 25, 1488: On this date, a reques y irsE -City Properties tlam�e ie Circulation Nap of the General Plan and to amend the Circulation Plan and Trails Map of the Etiwarda Specific Plan was brought to the Planning Commission. Aeplicants Re pest: The applicant's request to increase the right- or-way for Cherry Avenue, including proposed street sections are discussed in the Staff report of May 25, 1988. (See attached.) Planning Commission request: At the May 25, 1988 eeetlng the ann ng area ss onrequested consideration of special street designations and wider rigi.t -of -ways for Cherry Avenue; 24th Street, east of the Loop Road; and for the Loop Road. The special street treatment would include the installation of median islands as a natural extension of the gateway function of the Cherry- Avenue/1-15 tnte section. The Commission request for special street designations are discussed in the Staff Report of June 22, 1988. (See attached) b %6 Page 3 Trails Committee Review: On -June 15, 1988, the Trails Committee revlcvma zna requesz to amend the Trails Map. The Committee supported de iUon of the trail east of Cb_rry Avenue. They also felt thz ,r - there 'is a safe cwAes,rfan crossing at the intersection of 24th Street and the north -south equestrian trail provided by Ettwanda_ Highlands, then the equestriar, trail along 24th Street should be located on #.he north side of the street where it crosses San Sevaine Nash. Planning Commission meeting of June 22, 19&8: On this date a second continuance.was requested so a e ect of•wider right - of -ways, including, the installation of rdlan islands, on existing development plans -on adjacent properties could be reviewed. The applicant, First Cities Properties, supported the continuance. S aciat Meetin Jul 6 1988• The applicant and adjacent property owners ce w r e tITy s ff to discuss engineering, design and cost concerns. The results of that meeting were nct available in time to be included with this staff report, but will be part of the oral presentation by staff.` III. RECOMMENDATION: Staff supports the Planning Commission recom e a oa that Cherry Avenue, 24th Street, east of the Loop, and the Loop Road be treated as special streets with median islands. To implement the recommendations, the Planning Com isston should -doyt the attached resclutlons in support of the amendment to the Cir:ulation Element of the Genera` Plan and the amendment to the Etiwarxla Specific Plan. Res Jn6er tted, Br Ci 88:MB:ml9 Attachments: Planning Commission Staff Report with Attachments, June 22, 1988 Trails Comittae Minutes, May 25, 1988 3 %(0 RESOLUTION N0. 88 -132 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT AND ' PLAN GENERAL PLAN AMENDMENT 88-028 REQUESTING TO AMEND THE CIACULATION ELEMENT OF THE GENERAL PLAN TO WIDEN CHERRY AVENUE FROM 24TH STREET (SUMMIT AVENUE) To ARTERIAL (EXHIBIT01);I/NiD COLLECTOR STREET TO OESIGHATE THEOABOVEESECTION OF S:iERRY AVENUE, 24TH STREET, EAST OF TOE LOOV ROAD, AND ` LONER LOOP ROAD AS SPECIAL DESIGN STREETS. A. Recitals. L Plan Amendment No. 8B 02B asodescribedaIn the title of Resoluttom Hereinafter in this Resolution, the subject General Plan Amendment is referred • to as 'the application'. (T1) On the 13th of July, 1988 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (iii) Ail legal prerequisites to the adoption of this Resolution have occurred. 8 Resolution. NOV, THEREFORE, it is hereby found, determined and resolved by the Planning Com \ission of the City of Rancho Cucamonga as follows: I iafif specifically ne a rtacts set forth in the Recitals, Part A. o this Resoluionartrueand correct. the during the 2. above- referenced 13,p 988, includinhgswritttteinsand oral staff reports, this Commission hereby specifica ?ly finds as follows: (a) An increase in circulation will acur as a result of development of the Hunter Ridge project in the City of Fontana. Therefore, Public safety requirements necessitate the widening of the described portion of Cherry Avenue from collector street to a secondary arterial. the 24th Street, east to the La p Roadr(Su_it Avenue) and lower Loop Road Loop as entryways into the City, and therefore, need special design treatment under the Special Design Street designation. undeveloped land)and floodscont olefacil tiesointthe northeast cornermofnthe City. 3$'l I PLANNING COMMISSION RESOLUTION NO. GENERAL PLAN AMENDMENT 88 -OZB - GENERAL PLAN July 13, 1988 Page 2 (c) This amendwnt does not conflict with the Circulation Policies of the General Plan and will provide for development in a manner consistent with the General Plan and with related development; and (d) This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties and a Negative Declaration should he issued. 3. Based upon the substantial evidence presented to this Comission 'a during the above - referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Comission hereby finds and concludes as follows: (a) The amendment does not conflict with the Circulation policies of the General Plan; and (b) The amendment promotes the goals of the Circulation Elecent of the General Plan; and (c) The amendment would not be materially injurious or detrimental to the adjacent properties. 4. This Commission hereby finds that the project has been reviewed and considered for compliance with the California Environmental Quality Act of 1970 and that a Negative Declaration should be issued. S. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, this commission hereby resolves that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 13th day of July, 1988, of General Plan Amendment 88 -02D. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resolution, APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 1988 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Su nne Ic rtan ATTEST: utw rou , Acting secrttary MERZ rZ PLANNING COMISSION RESOLUTION NO. GENERAL PLAK-�mEvDMEWT-86-02B GENERAL PLAY July 13, 1908 Page 3 1. Otto KrOutil, Acting Secretary of the Planning Commission of-the city of Rancho Cuca=nga, do hereby certify that the foregoing Resolution was duly and regularly Introduced., passed, and adopted by the Planning Commission of tine City of Rancho Cucamonga, at- a regular meeting of the Planning Commission held on the 13th day of July, 1988, by the following vote-to-wit: AYES: COMMISSIONERS:MICK, BLAKESLEY, CHITIEA, TOLSTOY NOES: CCMISSIOMERS:NONE ABSENT: COMNISSIONERS:14CNIEL RESOLUTION N0. 83 -133 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 88 -01 TO HTDEN CHERRY AVENUE FROM 24TH STREET (SUMMIT AVENUE) TO INTERSTATE 15 FROM A COLLECTOR STREET TO A SECONDARY ARTERII'J. AND TO DESIGNATE AC SPECIAL DESIGN STREETS THE ABO1S PORTION OF CHERRY AVENUE, AS WELL AS 24TH STREET, EAST OF THE LOOP ROAD, AND LOWER LOOP ROAD (EXHIBITS 1 AND 2); AND TO SIDED OF THE TRAILS STREET IL TO (SUMMITT AVENUE) AID TO DELETE A PORTION ALONG 24TH STREET BEGINNING 200 YARDS NEST OF CHE1'RY AVENUE TO THE EASTERN BOUNDARY OF THE CITY (EMkISIT 3). A. Recitals. Specific Plan AmendmentttNO. 88�- 01eyasasdescritad i application the title of this Resolution. Horetnafter in this Resolution, the subject General Plan ),mendment is referred to as 'the application'. (it) On the 13th of July, 1088 the Planning Commission of the City of Rancho Cuauaonga conducted a duly noticed public hearing on the application. (iii) All legal prerequisitas to the adoption of this Resolution have occurred. 8 Resolution. how, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: set forthlln ,This iSi. f isi all of O thResoluiorerueand correct. during the abovea •eferencedumeetingaoneJuly 13. 988, inciudingswrittensand oral staff reports, this Commission hereby specifically finds as follows: (a) An increase in circulation will occur as a result of development of the Hunter's Ridge project in the City of Fontana. Therefore, public safety requirements necessitate the widening of the descrited portion of Cherry Avenue from collector street to a secondary arterial. 24th Street, east of the Lo p Roadw(bSummit Avenue) andrlower Loop Road, serve as entryways into the City, and therefore, need special design treatment under the Special Design Street designation. 39 0 PLANNING COMMISSION RESOLUTION NO. GENERAL PLAN AMONEMEHT 88 -01 - ETINANDA SPECIFIC PLAN July 13, 1988 Page 2 (b) These streets are located adjacent to presently undeveloped land and flood control facilities in the northeast corner of the City. (e) This amendment does not conflict with the Circulation Policies of the General Plan and will provide for development in a manner consistent with the General Plan and with related development; and (d) This amendment promotes the goals and objectives of the Etivanda Specific Plan. detrimental to(the adjacent properties and would not have a sjlynifleant Impact on the environment nor the surrounding properties and that a Negative Declaration be issued. 3. Based upon the substantial evidence presented to this Commission during the above - referenced public hearing and upon the specific findings of facts set forth in paragraph 1 and 2 above, this Commission hereby finds and concludes as follows: (a) The amendment does not conflict with the Circulation policies of the Etiwanda Specific Plan; and (b) The amendment promotes the goals of the Circulation Element of the Etiwanda Specific Plan; and (c) The amendment would not be materially injurious or detrimental to the adjacent properties. 4. This Commission hereby finds and certifies that the project has been reviewed and considered for compliance with the California Environmental Quality Act of 1970 and recommends adoptionof a Negative Declaration. 5. Based upon the findings and conclusions set forth In paragraph 1, 2 and 3 above, this commission hereby resolves that the Planning Commission Of the City of Rancho Cucamonga hereby recommends approval on the 13th day of July, 1988, Etivanda Specific Plan Amendment 88-01. 6. The Deputy Secretary to this Commission shall certify to the adoption of this Resoluticn. APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 1988. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA .3`11 PLAPNING'CC*ISSION'RESOLUTION NO. GENERAL PLAN'AMONEMENT 88 -01 - ETINANDA SPECIFIC PLAN ' July 13, 1988 Page 3. 1, Ctto Kroutil, Acting Secre`:ary of the Planning Comission of .-the City-'of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly Introduced, passed, and adopted, by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 13th day of July, 1908, by the following vote -to -wit:, AYES: COrMISSIONERS:ENERICK, BLAKESLET, CHITIEA, TOLSTOY NOES: COMMISSIONERS:NDNE ABSENT: COlMISSIONCRS:MCNIEL "b') 2 2 9 4. LOOP saew*m 24th raw 1-I& "20% ■IZTWEEN LO P AANO CHERRY FIG. 5 -35A (10�� slue rNacr. Z�'KOW IZ'ball�57RWNTrN1� 50l�CFi 51V MrKWkr 14' w� 8' b11swA7 No 51G�PARKW H Kow. �hi� LaATeG �� �i�LAA� tt Wks SrpL AMO� tow x Gut- BUT' tiOr I• MTFIAM RpJ.I. PM '1145, FORTH CITY OF RAXTio CUC�.1dOiIiCC k PLANNING DIVISION 593 rPE%bRESO� ✓noel E9PA 98-91 TITiE Ree-.f ,SE -�ionl EXHIWT :--L. SCALE F{E�nrp, $B -173 la I w,114� A BET MEN C ER�R� 1 -1Ei per_ C_62cs CHERRY AVENUE FIG. 5 =36 CITY OF RAC CHO CLcAv. xN(;A PLANNING DIVISION 3 94 T�I'��U RESOD -vn C� L'SPA �8 -01 EXH!Brr, Z SCALE: Q' �£5. NO.&3-137 r 1 s rte j / BICYCLE TRAIL ~— EQUESTRIAN TRAIL Freeway Access 01 -7 SEE ATTACHED LEGEND NORTH CITY OF RAMM CUGVvi NUA PLANNING DIVISION a 157 IiE14 RE�oLU�IDIV �r�ARR -o/ TITLE, —n AhI �6 EXHIB -----I_ SCALE,. — Res, wi 88 -133 LEGEND 1. Cherry Avenue Change Designation to Secondary Add 14' median island Increase to 90' right -of -way 29' Travel Lane Delete walk from west side Landscape Flood Control easement to top of berm 2. Equestrian Trail 24th Street (Summit Avenue) Delete Trail From Cherry Avenue to I -15 Ifvtherparcel of andiSouthwest of 24th Street (Suit Avenue) is designated for a higher intensity land use than VL (2 -4 dwelling units per acre), the link trail shall be deleted from the trails map between the regional equestrian trail (northbound along San CrossingaateIntersectionhof and 24th Street (Summit, eastern boundary of Etiwanda Highlands) Crossing at Loop Road 3. 24th Street ( Sumit Avenue) Between Loop Road and Cherry Avenue Add 14' median island 27' travel lane North side parkway, 20' right -of -way with 12' equestrian trail, south side parkway, 14 right -of -way with 8' bikeway Except between Loop and San Sevaine wash: North side parkway 12' right- of-way with trail located in adjacent landscaped lot; t.cept across San Sevaine wash: north side dnd sou;h side parkways may narrow across box culvert, but n-` less than r'ph• - of-way for trails. 4. 24th Street (SU<.!{t Avenue) Ba -tween 'b�. and I -aS -r7 93' right -;f -way unchangac North side section, City of Fonran' Add bike lane in pavement S. Loop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6. Bicycle Trail on 24th Street Between East Avenue ana 1-15 Add bike lane in parkway between East Avenue and Cherry Avenue to connect bike trail sections to the east and west. Add bike lane in street between Cherry and I -15 to conform t Fontana Plan 7. Intersection Changes Cherry Avenue and 24th Street ( Summit Avenue) (4-way controlled) Cherry Avenue and Loop Road (4 -way controlled) 24th Street and Loop Road (4 -way controlled) 3g (o TiterNR�-133 .fir- r. c'•� -s-:� Vice- Chairman advised that the applicant for this Conditional Use Permit requested a 2 week. continuance. She then opened the public hearing. There was no public response'at'this time. Motion: Moved by Blakesley, seconded by Tolstoy, carried, to continue ment Environal Assessmeit and Conditional Use Permit 88 -25 to the agenda of July 27, 1988. The following related items were considered concurrently by the Commission. C. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88 -028 - FIRST CITY FRUPERTILb/Cl" request to amen the circulation Element o e nera. Plan to widen Cherry Avenue from the intersection of 24th Street (existing Summit Avenue) to Interstate 15 from a collector to a secondary arterial with a 110 foot right -of -way and to widen 24th Street, east of the loop (existing Summit Avenue) in the vicinity of Cherry Avenue to a 110 foot right of way. (2) Amend the Master Plan of Trail of the General Plan to relocate the trail on the south side of 24th Street, east of the loop (existing Summit Avenue) to the north side of 24th Street, east of the loop, along the northerly City boundary and to delete a portion thereof. (Continued from Juno 22, 1988 meeting. D. ENVIROWENTAL ASSESSMENT AND ETIMANDA SPECIFIC PLAN AMENUMENT ae-ul - FIRST MY- PROPERT request o amen e twan a pec c an -�i en erry venue from the intersection of 24th Street (existing Summit Avenue) to Interstate 15 from a collector to a secondary arterial with a 110 foot right of way and to widen 24th Street east of the loop (existing Summit Avenue) in the vicinity of the intersection with Cherry Avenue to a 110 foot right of wily. 2) Amend the Master Plan of Trails to relocate the trail on the south side of 24th Street, east of the loop (existing Summit Avenue) to the north side of 24th Street, east of the loop, along the northerly City boundary and to delete a portion thereof. (Continued from June 22, 1988 meeting) Miki Bratt, Associate Planner, presented the staff report. vice- Chairman Chitiea opened the public hearing. Jess Harris, representing applicant, concurred with concepts of relocating the trail to the north side of Sumit. He stated there were some dimentional items that could be handled with staff prior to City Council review. Ron Sheldon, 15892 Pasadena Avenue, Tustin, engineer for the project, concurred with Mr. Harris and believed minor details could be worked out wi.h staff. 3q� Planning Commission Minutes -3- July 13, 1988 b �_ Jerry Hammond, First City Properties, addressed the trail extension shown east of ide northern equestrian trail west of Cherry Avenue. He believed that an ti equestrian trail sited in the 20 foot landscape area would detract from the dary City. est z,terminate at the continuing boun by ext ndinup the west of Hunter,) sRidgeand •�' easterly through the property to the equestrian trail park and then connect to of the regional project andle system. of understood as residential; therefore, an extension of the equestrian trail to that site would be unnecessary. vice- Chafrmn Chitiea stated that the issue of the triangular piece of property in question was discussed at a recent Trails Advisory Committee meeting. She advised that re;resentatives of First Cities Properties were in attendance and stated they would be willing to include the trail at the entry point. If a land use designation change occurred on the triangular piece of property before this property develops, the trail would be deleted; however, the Coumittee did not want to land lock the adjacent property from developing the way it was designed if a change in designation did not occur. Mr. Hammond stated he would be willing to talk with the staffs of tha cities of Fontana and Rancho Cucamonga to develop a mechanism to allow th6 reservation determinaticnfishmadenanbthendesignation of theiproperty within cthe Citylof Fontana. Jim Clark, representing the property owner on which the trail is proposed to be relocated on to the north, was roncerned that the proposed trail location would have a limiting effect on i.`= development of his property. lie considered it more appropriate to leave the trail on the south side since that area would be permanent flood control land and would not take land from this property. There were no further comments, therefore the public hearing was closed. Commissioner Tolstoy asked if the equestrian trail is located on the north side of street would it create an access problem for the property referred to by W. Clark. Mr. Kroutil stated that the trail would not affect street access mid - block; however, � access in of subdividing dnob houses nSummit. Heointedout that in any case, houseswould. t e fronted on Summit due to the high volume of traffic projected for that street. Commissioner Tolstoy asked if the public hearing could be reopened to ask Mr. Clark the total acreage and amount of frontage on the piece of property he represented. Vice- Chairman Chitiea reopened the public hearing. 3q�s Planning Commission Minutes 4- July 13, 1988 Mr. Clark stated that the frontage on 24th Street 1s 1320 feet, with total acreage being 400 acres. He felt that the damage of the trail to the property would be its effect on the southerly boundary, His objection to the trail was that he :ould not say at this time how a future developer may want to design w the entrance to a project on this property. There were no further cosmments, therefore the public hearing was closes. Vice- Glalrman Chitiea asked for comments relative to the Circulation Element amendment. Commissioner Tolstoy stated the ropused realfynment reflects past Planning Commission discussion of the item and consider the amendment appropriate. Vice- Chelrman Wiles agreed and stated the realignment was a good solution. She then asked for discussion of the trails relocation. Mr. Kroutil gave an overview of the existing and proposed trail system. Commissioner Emerick commented that It makes sense to keep the horses on the north side so they don't have to cross the street at numerous locations. r crossing at Cherry Avenue. He understood Mr. ClaTsconcern trelative to the Property he represents; however, felt that access problems could be adequately mitigated when that property develops. Commissioner 9lakesley supported the proposed trail placement and felt it made sense from a public eafety standpoint. Vice- Chairman Chltiea believed the proposed trail location to be appropriate. She supported the amendment with the understanding that the trail east of the hunt Cluh s westerly boundary may be deleted based on the Cherry desfgn3tion to makeetthe traileconnection across Cherry Avenue from the easterly entry point to the western boundary. recommending approval ofcEnvl seconded onmentalyassesksme assessment do General PianeAmnidment 88 -028 and Environmental Assessment and Etiwand_ Scecific Plan Amendment 88 -01 to the City Council. Motion carried bl the fnllowing vote: AYES: COMMISSIONERS: EMERICK, ILACESLEY, CHITIEA, TOLSTOY NOES: "ISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL - carried • R f } } 3� a Planning Coanission Minutes -5- July 13, 1988 4� c, 4 UnKuy 8383 VW", 60 Wwd. Swe 800 - Rr.ibeN" I.cbuo 90211 July 21, 1988 Cnyocnvi2V Ocw.a "90210 PW11I J`RMONS824499 n nft"Vom Hiki Bratt AN JUL 25 1966 Associate Planner 7(8j9(IO]ll)}2)j�t9t4)88 City of Rancho Cucamonga 9320 Baseline Road , Rancho Cucamonga, CA 91730 Dear Hiklt We are writing to confirm the actions taken by the Rancho Cucamonga City Planning Commission at their July 13, 1980 meeting with regard to GPA188 -02B and SPAE80 -01. Both amendments atatet ^Amend the Master Plan of Tralla of the General Plan [or of the Specific Plan] to relocate the trail on the south side of 24th Street, oast -of- the -loop, (existing Summit Avenue) to the north nide of 26th Street, east- of -the- loop along the northerly City boundary and to delete a porti on thereof." In public tertimony before your Commission, we requested that a portion of the proposed trail be do;ated along the north aide of 24th Street (Summit Avenue) extending from the southwest corner of the Hunter's Ridge property eastward to Cherry Avenue. The trail if located along this stretch would pass through a 20 foot wide upgraded landscape area. This landscape area was specifically included by First City Properties to satisfy conditions of the Etiwanda Specific Plan intended to enhance the eastern gateway entrance to the City of Rancho Cucamonga. To include the trail in this landscape area would not only detract from the aesthetic qualities the City originally intended, but would also diminish the City's original logic in requiring a wider than standard landscape easement. In response to queries from Planning Commission members regarding "landlocking" the adjacent triangular shaped Onitech Property situated south of 24 Street, east of Cherry and west of I -15, we explained that it was our understanding that the property would be developed as a commercial project with no residential development on the site. For this reason no equestrian link would be required. You verified that the owner of the site had in fact filed for a GPA to change the property to a Q— ffrcial designation, and would be heard at the next screen check hearing scheduled for later this year. To satisfy both the concerns of the City of Rancho Cucamonga and First City Properties, we suggested that representatives of First City Properties will most with City planning staff at bots Rancho Cucamonga and Fontana to develop a mechanism whereby the trail section would he included on the Master Plan M/• I 5 Jerry Hammond, July 21, 19aa' page 2 o• Trails , "but, First, City Properties would not be required to ooa e; the trail. nnlaso'%be adjacent southerly' property` were = .'evslop :as i, residential projset, otherwiss3;shocld it develop in m ace- reridential use, then the trail section would be deleted frox,th�,Yaster1plan Of Trails,'ind First city Properties would bi,relinquishsd of'any responsibility, whatsoever, in this matter. The Planning commission= passed both aforaaenticned amendments as submitted, and stated that First City Properties should not be required to constrdet,'tha trail section pursuant to the above mentioned arrangement being worked out between the developer and the twc citi -fs involved— We raquest that the highlighted text of this letter be included as a Condition of Approval in the Planning staff's submittal package to the city Council regarding those amendments. If you have questions, planes contact the undersigned. Sijn'ce�re'ly, rry�moo� oi. Manager cos Rancho Cucamonga - City Council Members - Planning Commission Mombere Fontana - John O'zullivan, City Manager - Earnis Parma, Asst. Planning Director Ron sholdon Nick Pappas Diana Needham 0 .401 :M a RESOLUTION N0, 9U-513 A RESOLUTION OF THE CITY CCUNCIL OF RANCHO CUCAMONGA, CALIFORNIA APPROVING ENV.RONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 88 -02B AMENDING THE CIRCULATIO4 24� STREET (SUM IT AVENUE) INTERSTATE A 5NFROM A COLLECTOR STREET TO A SECONDARY ARTERIAL AND TO DESIGNATE As SPECIAL DESIGN STREETS BETWEEN THE LOOP ROAD AND CHERRY AVENUE, AND THE LOOP ROAD (EXHIBIT 1). The City Council of the City of Rancho Cucamonga, California does resolve as follows: A. Recitals. (1) First City Properties and the City of Rancho Cucamonga have filed an application for General Plan Amendment No. 88 -02B as described in the title of this Resolution. Herainafter in this Resolution, the subject Gencrai Plan Asendmint is referred to as "the application." (ii) On the 22nd of June, 1988, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and continued the meeting to the 13th day of July, 1988; and M0 On the 17th of August, 1988, the City Council of the City of Rancho Cucamonga conducted a duly notice public hearing, concluded said hearing on that date; and heard and considered the Planning Commission recommendation of approval; and (iv) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution. NON, TH,:REFME, It is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A. of this Resolution are true and correct. 2 Based upon substantial evidence presented to this Council during the above - referenced meetings, including oral and written staff reports, this Council hereby specifically finds as follows: (a) M increase in circulation will occur as a result of the development of the Hunter's Ridge project in the City of Fontana. Therefore, public safety requirements necessitate the widening of the described portion of Cherry Avenue from Collector Street to a secondary srterial; and weldl s 24th StreSetF(StummitoAvenue( described portion Cahedrr.Y Avenue. as an to Loop Roa serve as entryways into the city, ana there►orre, need �(� 02 7yY9�r",';SLry• CITY COUNCIL RESOLUTION N0. ;�_ "; q;kbrY GENERAL PLAN AMENOMENT,88 -02B , Page 2 j •fir special design treatment, under the Special Design Street designation; and ). (d) These streets are lo:ated adjacent- to presently undeveloped land and flood control facilities in the northeast corner of the City; and (e) The above changes are illustrated in Exhib;t ! attached to and included in this resolution by reference; and (f) The application does not conflict with the Circulation Policies of the General Plan and will provide for development in a manner •,, consistent with the policies and goals of the General Plan and with relatad ' development; and = 4 3. Based upon the substantial evidence presented to this Council during the above referenced public hearings and upon the specific facts set t' forth in paragraph 1 and 2 above, this Couccil hereby finds and concludes as 4 follows: (a) The application does not conflict with the Circulation Policies of the General Plan; and (b) The application promotes the goals of the General Plan. 4. This Council hertby finds and certifies that the application has been reviewed and considered for compliance with the California Environmental Quality Act of 1973 and adopts a Negative Declaration. S. Based upon the findings and conclusions set forth in paragraph I, 2, and 3 above, the City Council of tha City of Rancho Cucamonga, California on the 17th day of August, 1988, hereby approves General Plan Amendment 88 -02B. 4o J �p Ip I 1 t ��� � O � � � x�((•171) _ _ a -- BICYCLE TRAIL ~- EQUESTRIAN TRAIL Fre0wclY Access t1 -7 SEE ATTACHED LEGEND NORTP CITY OF RA. GIO CuCk-VKX%X- PLANNING DIVISION MENh iZE'SOLVriON GP'A 88 -ozL TITLE, EXHIBIT, " SCALE, t 2 LEGEND I. Cherry Avenue tf1(j/ r Chance Designdtion to Secondary pon' Add 14' median island �M wo> 3 Increase to 90' right -of -way 29' Travel Lane Delete walk from west side Landscape Flood Control easement to top or berm 2. Equestrian Trail 24th Street (Summit Avenue) Delete Trail From Cherry Avenue to I -15 Move trail to north side from Loop Road to Cherry Avenue If thAvenue)lisfdesignated for ta higher intensity land usenthannVLC(2 -4 of 24th Street (Sunit eue ad dwelling units per acre), the link trail shall be deleted from the trails map between the regional equestrian trail (northbound along San Sevaine Wash through Hinter's Ridge) and Cherry Avenue. 1 Crossing intersection of unnamed street & 24th Street (Summit, eastern boundary s Crossing at Loop Road 3. 24th Street (Summit Avenue) Between Loop Road and Cherry Avenue . Add 14' median island 27' travel lane North side parkway, 20' right -of -way with 12' equest ^ian trail, south side parkway, 14' right -of -way with 7' bikeway Except between Loop and San Sevaine wash: North side parkway 12' right -of -way with trail located in adjacent landscaped lot and right -of -way. Except across San Sevaine wash: north side and south side parkways may narrow across box culvert, but not less than standard right -of -way for traits. 4 24th Street (Srmmtt Avenue) Between Cherry Avenue and I -15 88' right -of -wry unchanged North side section. City of Fontana Add bike lane in pavement S. coop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6 Bicycle Trail on 24th Street Between East Avenue and I -15 Add bike lane to parkway between East Avenue and Cherry Avenue to connect bike trail sections to the east and west. Add bike lane in street between Cherry and I -15 to conform to Fontana Plan 7. Intersection Changes Cherry Avenue and 24th p Street (Summit Avenue) (4 -nay controlled) 24th Street andnLoop Roada(4- wayrycontrolled)d) �-.573 111 L6? (/ii l r "art ORDINANCE NO. „ All ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA. ' CALIFORNIA APPROVING ENVIRONMENTAL ASSESSIEM AND ETINANDA SPECIFIC PLAN AMENDMENT 88-01 TO WIDEN CHERRY AVENUE FROM 24TH STREET (SUMMIT AVENUE) TO INTERSTATE 15 FROM A COLLECTOR STREET T0, A SECONDARY ARTERIAL AND TO DESIGNATE AS SPECIAL DESIGN STREETS THE ABOVE PORTION OF CHERRY AVENUE, AS WELL AS 24TH STREET BETWEEN THE LOOP ROAD AND CHERRY AVENUE AND THE LOOP ROAD (EXHIBITS 1 AND 2); AND TO MEND THE TRAILS MAP TO RELOCATE A PORTION OF THE EQUESTRIAN TRAIL TO THE NORTH SIDE OF 24TH STREET (SUMMIT AVENUE) AND TO DELETE A PORTION ALONG 24TH STREET BETWEEN CHERRY AVENUE AND THE EASTERN BOUNDARY OF THE CITY AND TO EX'(EKD THE BICYCLE TRAIL ON THE SOUTH S1DC OF 24TH STREET FROM EAST AVENUE TO THE EASTERN BOUNDARY OF THE CITY (EXHIBIT 1Yr The City Council of the City of Rancho Cucamonga, California does ordain as follows: A. Recitals. (i) First City Properties and the City of Rancho Cucamonga have filed an application for Etiwanda Specific Plan Amendment Ho. 88 -01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda Specific Plan Amendment is referred to as "the application.' (ii) On the 22nd of June, 1988 the Planning Commission of tie City of Rancho Cucamonga conducted a duly noticed public hearing an the application and continued the meeting to the 13th day of July, 1988; and (iii) On the 171h of Augusthe City Council of the City of Rancho Cucamonga conducted a duly i(nfootiicogrfl�ublic hearing, concluded said hearing on that date; and heard a s dered the Planning Commission recommendation of approval; and occurred. (iv) All legal prerequisites to adoption of this amenement have 8 ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Ccuncil hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct, 2. Based upon substantial evidence presented to this Council during the above - referenced meetings, including oral and written staff reports, this Council hereby specifically finds as follows: 40 / CITY COUNCIL ORDINANCE NO. ETINANDA SPECIFIC PLAN AMENDMENT 88 -01 Page 2 (a) An increase in circulation will occur as a result of the development of the Hunter's Ridge project in the City of Fontana. Therefore, public safety requirements necessitate the widening of the described portion of Cherry Avenue from collector street to a secondary arterial; and well as 24th Street (SuamitA Avenue) between bthe pL op Road and Cherry Avenue and the Lop Road serve as entryways into the City, and therefore, need special design treatment under the Special Design Street designation; and (b) For safe access and other reasons, portions of the equestrian trail shall be located to the north side of 24th Street between the Loop Road and Cherry Avenue and the equestrian trail between Cherry Avenue and the eastern City limit shall be deleted; and shall be located )on the safe south isideaof 24th Street from East Avenueetorthe eastern City limit; and (d) These streets and trails are located adjacent to Presently undeveloped land and flood control facilities in the northeast corner of the City; and (e) The above changes are illustrated in Exhibits 1, 2, and 3 attached to and included in this ordinance by reference; and (f) The application does not conflict with the Circulation Policies of the General Plan and will provide for development in a manner cansistcat with the policies and goals of the General Plan and with related development; and (g) The application promotes the policies and goals of the Etiwanda Specific Plan. 3. Based upon the substantial evidence presented to this Council during the above referenced public hearings and upon the specific facts sqt forth in paragraph 1 and 2 above, this Council hereby finds and concludes as follows: policies of the The application does not conflict with the Circulation P anda Specific Plan; and Specific Pan. (b) The application promotes the goals of the Etiwanda 4. This Council hereby finds and certifies that the application has been reviewed and considered for compliance with the California Environmental Quality Act of 1970 and adopts a Negative Declaration. S. Based upon the findings and conclusions set forth in paragraph 1, 2 and 3 above, the City Council of the City of Rancho Cucamonga, California on the 17th day of August, 1988, hereby approves Etiwanda Specific ?lan Amendment 88 -01. �� fir• I6wp1 ely,n ;7O _ iw LOOP eatwmm 14th and 1-15 W90% " w � �1. 3. :1 BETWEEN LOOP AND CHIIIItT FIG. 5=35A !;IM M'Qc , ZD'014 12'IxYJ `iICV,jyTitl�IL �rSr-IWI"I4zW r b+ HY 3c1D�C-Pd1RKW3' 22' RQW 1.71T11�R�11— Pax vtiasl�C PA�CIJ�YS M�trr t�p,�� FaK��L�" �tti cior u�sTTi�ry sT.gNpv�Zat.1. �oRiH CITY Gr' RAN(.'Ho CUC -k.%vjoN A PLANNING DIVISION rrE%t,ORD /,VAVGE1✓O 3 ?U MU, Trre Er '-T1u1i1f EXHIBIT: '// SCALE --o— _ •,w -1y�- BETWEEN CHER STREET 1.15 Rif% R. d2 r n s CHERRY AVENUE FIG. 5 =35 CITY OF amm, oRwn a v«- Esna g� a I� .�. R r1V CUCA.V (� Tnul �r2E 2f Sic? /ON PLANNING DIVISION EXHIBIT.. SCAM C 4 I 2�h (SUnMrt) Q n O r -- I jl I I � BICYCLE TRAIL ]EQUESTRIAN TRAIL ® Freeway Access *1 -7 SEE ATTACHED LEGEND VORTH CITY OF rrLNI, O a D/ N a NCt- ES nA 48-0/ KANCHp CLG1ViCK\iC,A Tnu, ?LAH .neN PLANNING DIVISION EXHIEM "3 v SG1LE °.� m r, LEGEND t fE� III ' �d f 1 1. Cherry Avenue Ct� hbl Change Designation to Secondary 6A n 77%) Add 14' median island nM Increase to 90' right -of -way 29' Travel Lane Delete walk from west side Landscape Flood Control easement to top of berm 2. Equestrian Trail 24th Street tSumit Avenue) Delete Trail From Cherry Avenue to I -15 Hove trait to tiorth side from Loop Road to Cherry Avenue If the parcel of land southeast of 24th Street ( Summit Avenue and Cherry Avenue) is designated for a higher intensity land use than yL (2 -4 dwelling units per acre), the link trail -hall be deleted from the trails map between the regional equestrian trail (northbound along San Sevaine Nash through Hunter's Ridge) and Cherry Avenue. Crossing at intersection of unnamed street d 24th Street (Summit, eastern boundary of Etiwanda Highlands) Crossing at Loop Road 3. 24th Street (Summit Avenue) Detween Loop Road and Cherry Avenue Add 14' median island 27' travel lane North side parkway, 20' right -of -way with 12' equestrian trail, south side parkuky, 14' right -of -way with 7' bikeway Except between Loop and San Sevalne wash: North side parkway 12' right -of -way with trail located in adjacent landscaped lot and right -of -way. Except across San Sevatne wash: north side and south side parkways may narrow across box culvert, but not less than standard right -of -way for trails. 4. 24th Street (Summit Avenue) Between Cherry Avenue and I -15 88' right -of -way unchanged North side section, City of Fontana Add bike lane in pavement S. Loop Road Between 24th Street and I -15 Add 14' median island 100' right -of -way unchanged 27' travel lane 6 Bicycle Trail on 24th Street Between East Avenue and I -15 Add bike lane in parkway between East Avenue and Cherry Avenue to connect bike trail sections to the east and west. Add bike lane in street between Cherry and I -15 to conform to Fontana Plan 7. Intersection Changes Cherry Avenue and 24th Street ( Summit Avenue) (4 -way controlled) Cherry Avenue and Loop Road (4 -way controlled) 24th Street and Loop Road (4 -way controlled) ©XV, f dlAA/Ge V5 37d w, CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FROM: Jim Hart, Administrative Services Director BY: Betty King. Business License Supervisor SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAIN) D AMENDIMS ECTIOM 5 04.15V Ur Inc nY�nD PERTAINING TO BUSINESS LICENSES: L TE PAYM T PENALI RECOMIENOATION: City Council add a second sentence to City of Rancho Cucamonga Ordinance No. Pcialties. to provide that aifethe thirtieth h day License in which axto pay 0allicenseitax falls on a weekend or holiday, the thirtieth day shall be the next regular business day. BACKGROUND: Upon examination of Ordinance Ro. 21, Section 15 and Rancho Cucamonga Municipal Code Section 5.04.150, it was determined that they are not in compliance with the California Code of Civil Procedure regarding computation Of time to make license payments. California Code of Civil Procedure, Sections 12, 12a and 12b specify that computation of the last day shall not include Sundays or holidays. When the last day to o thmake exa payment regular falls work Jaya Sunday or holiday, the Payme n Additionally, since City offices are closed on both Saturday and Sunday, license taxes and be Inc. due luded wouldsbe 0 "grace- payable on thefor nepayment t regular workaday. Amendment of the referenced Ordinance and Municipal Code Sections would bring the City in line hta es ito ravoid late payment penalties. and clarify the final day to Day license A copy of the ordirdnce revisior nd new payment dates is attached for your review Respectfully' uba,itted, �O Jim Hart Administrative Services Director JH:BK:cm -4k a,, .qty' 'j 13 .,A ;a d MONTH OF EXPIRATION' : ? eti, PAYMFIfr DUE ; EXTENDED PATNEIIr December 1987 Sunday, January 31, 1988 Monday, FeEr`uary 1;;'1980 �` January Y 988 Nednesdoy, March 2, 1988 No Effect." , February 1988 Thursday', March 31, 1988 No Effect March 1988 Sunday, May 1, 1988 Monday, May 2, 1988 April 1988 Tuesday, Hay 31, 1988 No Effect May 1988 Friday, July 1, 1988 No Effect June 1988 Sunday, July 31, 1988 Monday, August 1, 1988 July 1988 Wednesday, August 3:, 1988 No Effect August 1988 Saturday, October 1, 1988 Monday, Ocatober 3, 198b September 1988 Monday, October 31, 1988 No Effect October 1988 Thursday, December 1, 1988 No Effect November 1988 Saturday, December 31, 1988 Monday, January 2, '1989 December 1988 Tuesday, January 31, 1989 No Effect January 1989 Tuesday, March 2, 1989 No Effect February 1939 Friday, March 31, 1989 No Effect March 1989 Monday, May 1, 1989 No Effect April 1989 Wednesday, -,Iy 31, 1989 No Effect May 1989 Saturday, July 1, 1989 Monday, iuly 3, 1989 June 1989 Monday, July 31, 1989 No Effect July 1989 Thursday, August 31, 1989 No Effect August 1989 Sunday October 1, 1989 Monday, October 2, 1989 Sep:ember 1989 Tuesday, October 31, 1989 No Effect 'j 13 .,A ;a d 1�af. ffi ' -b.- . n , . 'w3_Kxv � °.4'�s �.+ i � _, 1.... � -�.:. blot= •'$,'•.r. ;:w,r4:ky.'.::7�? p�`�yi";i�i'1'""�' License taxes - Fenalrtes ror eeflnauenc,es. Upon the failure to pay any license tax when due, (SOf) the } collector shall add a penalty of fifty percent then due and owing thirty (30) of days such license tax after the due date thereof. For purposes of :. _oaDINANCN No 21 -C (fiLat Leadipe) computation of such thirty (30) days shall 'i ' eN oeon+uiia oe I'NE cm carNCa oe •rea.,. "' the thirtieth CITT° OF YANCEO CUCAMONGA, rALU /ORH1A, such �. CTo full .. OCAN09CA kiMCIPAL4 CODE PF:W -WTEr BUSU SS LICENSFSJ L&IB PAYMENT "MALT'" THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN 4 AS FOLLOWS: ' Section 1: Section 5.04.150 of the Rancho Gtcamonga Municipal Code ° is hereby amended to read, in words and figures, as follows: °5.04.150 License taxes - Fenalrtes ror eeflnauenc,es. Upon the failure to pay any license tax when due, (SOf) the } collector shall add a penalty of fifty percent then due and owing thirty (30) of days such license tax after the due date thereof. For purposes of this section, computation of such thirty (30) days shall I n clude ali weekends and holidays except, if the thirtieth day thereof falls on a naekend or holiday. such r tnirtieth - day shall be deemed to be the next full business day." Section 2: The City Council declares that, should any provision, section, paragraph. sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections paragraphs, sentences, and words of this Ordinance shell remain in full force and effect. Section 3: The City Clerk shall certify to the adoption of this Ordinance and cause the sane to be published wit'iir. fifteen (15) days after its passage at least once in 11*e Daily Report, a newspaper of general circulation published 4n the City of Ontario, California, and circulated in the City of Rancho Cucrmwnga, California. 11 -% — CIT,Y OF RANCHO CUCAAl0NGA =' " STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FROM: Russell N. Maguire, City Engineer BY: Chuck Mackey, Associate Civil E.ngijeer SUBJECT: An urwnance of the City Council of the City of Rancho Cucamonga, California, adding Chapter 10.50 to Title 10 of the Rancho Cucamonga Municipal Code to provide for the establishment of permit parking districts. RECONw"TIOY- It is recommended that the Residential Permit Parking Only Ordinance ba approved. BACKGAOUW /AMN.YSIS: At the August 3, 1988 meeting of the City Council, the proposed Ordinance to farm Permit Parking Districts was referred back for modification. The section re garding permit fees has been deleted and the section regarding guest parking permits has been modified. Respectful bmitted, RHM: Attachment: Modified Ordinance Staff Reports of August 3, 1908, May 4, 1988 and April 6, 1988 415 r i t x, e� r J i i r r STAFF REPORT V �J Date: August 3, 1988 To: Mayor, Members of the City Council and City Manager Frou: Russell H. Maguire. City Engineer By: Chuck Mackey, Associate Civil Engineer Subject: Permit Parking Only District for the Alta Loma High School Neighborhood RECOMMENDATION: A request for Council concurrence to bring a Resolution forming Parking District A as modified from a neighborhood meeting feedback and further analysis or other direction. BACKQVM /AM LYSIS• At the May 4, 1988 meeting of the City Council, a resolution for the formation of a Permit Parking Only District around Alta Loma High School was considered. Before proceeding further, the Council directed staff to meet with the residents who would need parking permits to park on their residential streets. On June 29, 1988 a neighborhood meeting was held for those residents who would be impacted by the proposed parking restrictions. These residents were notified by mail and the mailing included a citizen input sheet which could be mailed back or brought to the meeting. Approximately 460 notices were mailed. Approximately 60 citlzans attended the meeting and identified intrusive parking by students as a definite problem. Other sources of intrusive parking were also identified from citizen input: 1) the ball field at the north end of the high school generates lots of usage by young adults. Their parked vehicles line Lavine Street, Cielito Street and. Ral Street on weekends during daytime and weekdays until nighttime; 2) e Red Hill Park ball fields generate Intrusive parking into the residential areas to the east of the park and is especially bad during weekends. It should be noted that their streets were not targeted as having a high school intrusive parking problem, however one resident did attend and forcefully made his point about the parking intrusion. Twenty -five citizen input forms were mailed to us and nine were received at the meeting. A petition favoring installation of the permit parking also was received at the meeting and contained twenty names. -41(o Y l City council Staff Report Re: Permit Parking District A August 3, 1988 j. Page 2 A show of hands at the meeting showed the audience equally split on the Issue. Analysis of the input sheets and petition shows 31 in favor and 16 showing some form of opposition inlcuding five who want to be excluded, two who want modification to the proposal, four who totally oppose a parking district, and five who believe our intent is to issue parking permits to the students. Citizens feel frustrated over student parking, rude student behavior, speeding traffic on the residential street system, adejuate pedestrian safety, especially for young children and lack of enforcement of the existing two hour parking limit on some streets in the area. Many at the meeting expressed that daily parking enforcement will be necessary to make the restriction function. Several requests for 3 -way stop control at Opal and Lavine were expressed. This request has been analyzed and a 3 -way stop is warranted at this time. A work order has been issued for a 3 -ray stop control installation. Modification of Initial Proposal: The number of streets to have the Pal -111V res r c ons tsee a tae ed map) should be reduced. It is believed that a high percentage of the residents living on these streets perceive the parking intrusive as a problem and desire a parking district to alleviate the problem. If the intrusive parking relocates to a nearby street, the residents on the newly impacted street may submit a petition to the City Engineer indicating that 75% are in favor of extending the restrictions to their street. Two sets of restrictions are proposed for the parking district: 1) East and Nest of the school which is not affected by weekend ball field parking would be restricted 'School Days 6 A.N. to 3 P.M.'; 2) North and South of the school which is affected by both student and ball field parking, the restriction should be 'Daily 6 A.M. to 8 P.M.' Commitment of daily, on -going parking enforcement will be necessary to make the parking district function. Staff requests coa:urrance by City Council to proceed with this district and restrictions as modified and to bring back a resolution to that affect or directive to proceed otherwise. Additionally, since the Parking intrusion caused by the Red Hill Park bail field use has ,lust been identified and has not had any data collected or analysis made, Council direction of whether to further analyze the problem is requested. Z pe liy lu mitted, Clf:pam Attachment r CITY OF RANCHO CUCAALONCA STAFF REPORT Date: May 4, 1988 To: City Council and City Manager From: Russell H. Maguire, City Engineer ttv: Paul A. Rougeau, City Traffic Engineer Subject: PeNnit Parking Ordinance and Resolution to form a Pena:t Parking District around Alta Loma High School RECOM EIOIATION• It is recommended that the addition of Chapter 10.50 to the Municipal Code establlstifng authority and procedure to form Permit Parking Districts be adopted and that a Resolution forming Permit Parking District A around the Alta Loma :119h School to eliminate the encroachment of vehicular parking incidental to the high school be approved. BACKGROUND /ANAI.TSIS: In response to a request by the City Council at its April 6, 1988 meeting, P.n Ordinance to authorize and procedures to fora Perit Parking Districts has been prepared. Additionally, the City Council requested that a permit parking district be formed that includes the area within one -half mile of the Alta Loma High School boundaries. A Resolution establishing Permit Parking District A around the high school has also been prepared. The Resolution cannot take effect until the above Ordinance is effective. then lmersdiate areayaround he high schoolawould need topbersigned. Mrst people will not walk over 600 feet to their destination from the place where they park. By increasing this distance to 1300 feet (one - quarter mile), it is believed almost all high echoolers also will not park that far away and walk to s:hool. In this quarter mile area, approximately 460 residential homes are Impacted by the signs and have need for permits. If the permit area was extended to one -half mile at this time, about 5 to 6 times more residents would be impacted. This extension would undoubtedly also allow many parking permits to be available to high school drivers who would use them to park close to the school and defeat the purpose o; this effort. CCSR May 4, 1988 Page 2 The high school principal has been contacted and infc-med of the City's pending effort to install permit only parking signage. The school is aware of the parking short -fall and has been making efforts over the last couple of years to lessen the parting impact on City streets. When the current principal took over, he reorganized the parking lots usage and then increased the student parking sot from 280 to 320 spaces. This lot incrtased a short while ago to 346 spaces. There are plans to increase this again by 35 spaces next year. There is, however, a demand to park about 500•student vehicles. This need will lessen after the new high school is built in 1991. 1900 students will transfer to it from both Alta Loma and Etiwanda High Schools. When this transfer of students occurs, Alta Lama High School should be able to handle its student parking demand. Since approximately 460 hones will be receiving permit parking stickers, a conservative estimate of the number of high school students who will have access to the permit parking stickers (or guest permits) is 100. If the signage is increased to the boundaries, about 600 to 700 high school students will have access to permits. These numbers will defeat the purpose of this effort. A short term remedy seems appropriate. Perhaps the students could use some of the available parking at the Red Hill Community Park. 120 parking spaces could be made available until the new high school is opened. This is enough parking to satisfy the student parking demand and help eliminate misuse of permit parking stickers. It is recoamended, in addition to the Ordinance and Resolution, that the City Council direct staff in regards to this short -term remedy. Other near -by cities were contacted regarding the encroachment of student parking around high schools. The City of Ontario has a permit parking only district around Chaffey High School. Ontario High School does not yet have such a district, because several years ago no parking anytime zones were installed in impacted residential areas before the City had a permit parking only ordinance. The Traffic Engineer intends to replace the no parking zones with a permit parking only district as time permits. The City of Upland installed a permit parking only district around Upland High School about 15 years ago. Also, they have permit parking only distr.cts around the Post Office and the hospital. }I 01 CCSR May 4, 1988 Page 3 The City of Montclair installed a Permit parking only district around j Montclair High School about 5 years ago. Respertfull-I submitted, . am Attachment C Y �y }- 1 r •z i 5 r r• I' Date: To: From: By: Subject: — CITY OF RANCHO CUCANIONGA STAFF REPORT April 6, 1988 City Council and City Manager Russell H. Maguire, City Engineer Paul A. Rougeau, City Traffic Engineer Student Parking Alternatives in the Vicinity of Alta Loma High School RECOMNE B Al ION: It is recommended that a portion of the space 1n the north and central parking lots of Red Hill Community Park be made available to Alta Loma High School students on a conditional one month trial basis. If no litter or vandalism problems arise, then permanent use of the space would be permitted. In response to a request by the City Coancil at its March 2, 1988 meeting, a parking study was conducted for Alta Loma High School. Student parking in the vicinity of the school an public streets was inventoried an March 10, 11, 14, aid 15. An average of 66 student vehicles were found parker: on public streets. The streets impacted are vineyard Avenue south of Base Line Road, Ironwood Street east of Vineyard Avenue, and Garnet Street north of Base Line Road. In addition to street parking, it appears that the front of the Stater Bros. parking lot is being parked in by students. The parking lots for the Red Hill Community Park were also inventoried. The north parking lot had a high of 18 parked vehicles and a low of none. These vehicles appeared to belong to non - students, since there was some park usage. No vehicles were parked in the middle lot. The norta tot contains 18 regular and 3 handicap parking spaces. The mid -lot contains 119 regular and 4 handicap spaces. Since the parking lots for the park are only being partly utilized and overflow student parking is occuring en residential street -, it is appropriate to recommend allowing student parking in the parking :ots of the park under the following conditions: 1) reserve one -half of the north parking lot for public use (39 spaces) and the other half for students (39 spaces); 2) in the middle lot reserve 20 spaces for the public and the remaining 99 for students; 4PA -yam '4e m ......... CCSR Re: Parking Study - ALHS April 6, 1988 Page 2 3) that the students refrain from littering and cause no vandalism in or to the parking lots; 4) that no students park on public streets in the vfclnit;y of the school, except for the west_ side of Vineyard Avenue. This recommendation 1pp1rovides for 138 student parking spaces. It has been with will Ainfo Lma m the istudents of the plan and their obligations under it, if adopted. During a one month trial period, City forces can monitor compliance and determine if conditions are being met. If problems occur which. cannot be remedied by City staff and the school administration; then 'it will be arcp permit pak tng be stalled as its on meeting surrounding 1mieed time that the park be again posted for all limited time parking during the day. Respec utly submitted, c RHM: AR: paw— Attachments M 4� P� Q ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA ADDING yi ARTICLE I TITLE MUNICIPALCODE TO PROVDE THE FOR HE ESTABLISSHHIENT OF PERMIT PARKING DISTRICTS THE CITY COUN ^ ^IL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS ,t5 FOLLOWS: cy y, SECTION 1: Title 10 of the Rancho Cucamonga Municipal Code is hereby followdTy�Fng a new Chapter 10.50, to be read, in words and figures, as Y� Chapter 10.50 i 5 "Permit Parking Dfstricts' j Sections: 10.50.010 Definition permit 7 10.50.020 Desi satin 10,50.030 Minima size, parking districts; Findings. 10.50.040 Petitions. 10.50.050 Signs. 10.50.060 Exemption for t pens holders. 10.50.070 Issuance of permits 10.50.080 Guest parking permt , 10.50.090 Dispiay of permits. 10 50.100 Exempt vehicles 10.50.110 Authority of engine r, 10 50.120 Dissolution of permit parking district. 10,50.130 Penal provisions. Section 10.50.010 Definitions As used in this Chapter, the following terms s a ave a of o— ng meanings: A. "Engineer" means the City Engineer of the City of Rancho Cucamonga or his or her designee. B. 'Permit Parking District" means an area established by resolution of the City Council wherein parking restrictions apply to all vehicles except vehicles which have been issued a parking permit pursuant to this Chapter and vehicles exempted by Section 10.50.100 C. "Resident' means a person who lives in a dwelling unit located within a Permit Parking District. -I- 4D-3 y, v D. "Guest" means any person visiting or intending to visit a resident in a Permit Parking District. Section 10.50.020. De si nation of Permit Parkin Districts• Findings. The City Council my esta s erm ar n y so u such resolution shall r boundaries Permit Parking iandshallspecifythe nature of the vparkglimitationswhicha apply within thin the district to operators of vehicles other than vehicles which have been issued a permit pursuant to this Ctapter, or which are exempted from this Chapter pursuant to Section 10.50.100. Every such resolution shall be based on the findings as follows: R. Commuter vehicles, defined as those vehicles operated by persons whose destinations are to non - residential areas or uses, do or MY substantially and regularly interfere with the use of the majority of available parking spaces for use by residents; 0. The interference by commuter vehicles occurs at regular and significant daily cr weekly intervals; C. That the commuter vehicles being driven or parked in the area of the proposed permit parking district cause or are the source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in such proposed district; D. That seventy -five percent (75%) of the or Council residents within the a aissi agree request permit Parkin dg�vtleges (unless tblhedbyCity ation nabsene ofapetfton) E. That no unreasonable displacement of commuter vehicles will result into surrounding residential areas; F. That no alternative solution, other than the establishment of the permit parking district, 1s feasible or practical. Section 10.50.030.Nfnlmum Size Permit Parking Districts shall contain at least our oc s or at east one (3) mile curb 'rontage. for tWeF`esfj5TfsVj designate the boun, least seventy five district. Such a I a report to the Ci, Engineer's recomoej shall forward his i Nothing in this se( Council to establi! petition the proposed district and all be filed with the on the or000sed dictr larding the establishmen :her with the petition t be construed to limit t Parking District in the -2- tion the City Council ny such petition shall shall be signed by at eer who shall prepare ncluding the hereof. The Engineer he City Ccuncil. authority of the City Bence of such a Section 10.50.OSO.Sf ns Upon the establishment of a Permit Parking district, indicating thereon thespoarkf gplimiitationsa applicable to the district and the exemption therefrom of vehicles with permits. The regulations pertaining to any Permit Parking District shall not apply until signs or markings giving adequate notice thereof have been placed. limits ons apose w fn af1 shall not apply to vehicles fc district has been issued and c 10.50090. No such permit she the district to the holder of only fall the Permit parking Di waft-Holders. The parking a9kins r c pursuant to this Chapter g permit.pertainfng to that i the manner prescribed in Section aqy particular parking place within Each such permit shall be valid which it is issued. Section 10.50.070. Issuance of Permits Applications for permits to park with n a ery ps ng 9N5TcT-8w—Y-3W—w-W by a4 resident within such district. Such Applications shall be filed with the Engineer. Unless otherwise prescribed by the resolution establishing the district, not more than three (3) permits (exclusive of guest parking permits) shall be issued to residents of any single dwelling unit. Any person aggrieved by the decision of the Engineer mV appeal such decision to the City Manager, whose decision on the matter shall be final. Section 10.50.080. Guest Parking Permits Unless otherwise prescribed in the reso u on us s ng a erm t a ng (strict, each resident holding a parking permit shall be entitled to receive rest parking permit forms from the Engineer. The use of guest parking Parmtts shall be designated in the re solution establishing the Permit Parking District. Section 10.50.090. 9 1sDiav of Permits. A. A Parking permit issued pursuant to this Chapter (other than a guest parking permit) Shall be permanently affixed to the lower driver side of the inside of the mar window of the vehicle for which Ic was issued. B. Guest parking permits shall be displayed face up on the driver front dashboard of the vehicle for rhich It was issued. Section 10.50.100. Exempt Vehicles. The following vehicles are exempt from a pa g res r ct ons aPPIlCable to any Permit Peking District: A. Repair, maintenance, refuse collection, utility, delivery and service vehicles being used in the course of business. B. Vehicles owned or operated by any governmental agency, or contractor of a governmental agency, being used in the course of business. -3- 4as C. Emergency, life support and health care vehicles being used in the course of business. Section 10.50.110. Authority of the Is sneer. The Engineer is author ze es s ru es an proce urea and to product signs, forms and other materials necessary or appropriate to implement the provisions of this Chapter. Section 10.50.120. Dissolution of Permit Parking Districts. The City Council m —gyTiy res%u'Efon, teminste and dissolve any previously established Permit Parking District. Section 10.50.130. Penal Provisions A. Unless exempted by the provisions of th Chat no person shall stand or park a motor vehicle in any Permit Pa strict 1n violation of any parking restrictions established pursuant to this Chapter. D No person shall falsely represent himself or herself as eligible for a parking permit or furnish false information to the Engineer or his representatives in an application for a parking permit. C. No person who has been issued a parking permit shall thereafter allow the use thereof by any other person. D No person shall copy, produce, create or use any facsimile or counterfeit parking permit. E' Any act or omission declared unlawful by the provisions of this Chapter 1s an infraction punishable by a fine not to exceed that set by the current uniform county -wide ba11 schedule est ursu t to the terms of the California Vehicle Code.,: SECTION 2: If any section, subsec aC portion o s ordinance is for any son h unconstitutional by the decision of a court preemptive legislation, such declsio shall n remaining portions of this ordi e. Th e Ci Cucamonga hereby declares ¢ha it uld have section, subsection, sentence, use, phrase of the fact that any one or more sections, su phrases, or portions be declared invalid, unc ende, clause, phrase or to be invalid or competent Jurisdiction or �[ (fact the validity of the ouncil of the City of Rancho ted this ordinance and each J� portion thereof, Irrespective tions, sentences, clauses, itutional or preempted SECTION 3: The City Clerk shall certify to the passage of this Ordinance end s wicause the same to be published within fifteen (15) days after its passage at lease once in The Daily Re Dort a newspaper of general circulation i published in the City of untarlo, Cal ! a nia, and circulated in the City of t Rancho Cucamonga, California. i i' CITY OF RANCHO CUCABIONGA STAFF REPORT DATBt August 11, 1988 TOt City Cowcil and City Manager FBOMt Diane O'Neal, Administrative Analyst BUBIBCTt PROMT MON OF CE149 PGUOROCARMA PFOCg88gD FOOD PArrar_rNG =777 =77 7 Review and adopt an ordinance prohibiting chlorofluorocarbons (CPC's) in processed food packaging. BACKGROUND At the last City Council meeting on August ], 1988, Council directed the City Attorney to prepare an ordinance prohibiting the use of chlorofluorocarbons in processed food packaging. Current scientific evidence indicates a strong probability that the family of substances know as chlorofluorocarbons (CPC's) degrade the earth's protective layer of ozone when discharged into the atmosphere. One source of the CPC's currently being released into the atmosphere is the use of these substances as blowing agents in the manufacture of some of the polystyrene foam packaging products used in the food services industry. There are substitute@ for these products currently available which do not use CPC's in their manufacture. The people and the City of Reecho Cucamonga support international, federal, and state bans on all uses of CPC's not deemed absolutely eazential. Until such bans are in effect, responsible action to reduce CPC use and alert the public to the danger posed by these substances octet be undertaken at the local level. The iacwnt of this Ordinancu is to reduce the amount of CFC- processed products purchased and used by the City and people of Rancho Cucamonga and thereby lo. reduce the health hazards created by the manufacture of these products. The draft ordinance will be available to the City Council on Monday, August 15, 1988. The complete draft ordinance had not been received in the City Clerk's office at the tics the agenda was assembled. Diane O'Neal Administrative Analyst DOtdgo -4 al p�A "G -16 -80 TUC 1312E MARKMAN 0 ARG2YNSKI P.OliOT Ir 1 .y I oltDInxC1 No. %/ (+7e f" rQdj 1�� AN ORDINANCS OF Tss C11Y OD RAN01[O COCWNQA AICLNDINO TITLS 4 OF Tss RANCSO COOANON4A NO cxPAL CODs By ADDING A Wn CRAFTia 4.22 WTITLID e4R07IZITION OF C31SOA07L001OOARDON Facciss7D FOOD FAcRAOINO.11 A. 1001Is16• THE CITY COUNCIL Or THE CITY OF R.%NCHO CUCAMONGA FINDS AS rOLLOWS1 (i) Problems in disposing of solid waste and a .lack of solid waste landfills nfLact all persons and all local, county and state governments. One significant source of solid waste is discarded polystyrane foam food packaging. Manufacture of such packaging creates an additional, significant environmental problem in that chlorofluorocarbons are utilized in their production. Available ientific a strong chlorofluorocarbons degrade the earth's protective layer of o- zone, when discharged into the atmosphere, allowing increased amounts of ultra - violet radiation to penetrate the atmosphere. This increase in ultra - Violet radiation Poses an immediate danger to human health, life and the environm,.nt. Available scientific evidence indicates the strong possibility That the resulting increase in ultra - violet radiation has contributed to, and will continua to contribute to, the incidence of skin cancer and other serious illnesses. (iii) One significant source of chlorofluorocarbons currently being released into the atmosphere is the manufacture of certain polystyrene foam food packaging products which utilize chlorofluorocarbons as blowing agents. (iv) The people and the City of Rancho Cucamonga support state, foderal and international policies banning all nonessential law, rosponsible action to reduc l e �thenroloasshotolicloa become chlorofluorocarbons into the atmosphere, and to increase public awareness with must b undertaken e patothealocalmlevel- by these eubstancee (V) It is the intent of the city council to reduce the amount of chlorofluorocarbon processed food packaging products orerato and etand extent City Cucamonga, in d reduce, the greatest ossiblo, the healt I ,It NUG- -16 -6e TU6 - 16'22♦ MARKMAN 9 gRC2YN8K2 P.02�0 Y I hasards created by the release of chlorofluorocarbons into the atmosphere. (vi) The City of Rancho Cucamonga supports and yp encourages voluntary waste reduction through the adoption of voluntary programs by food vendors as a means to achleve a fifty y percent (30 %) reduction in the use of non - biodegradable and non- ;' recyclable food packaging, and all other forms of food related litter, wherever possible. S. Ordinaeas. THS CITY COUNCIL. OF THE CITY OF RANCHO CUCAMONGA DOES ORDALN A3 FOLLOWS; ReaiA l; Title 8 of the Rancho Cucamonga municipal Code is hereby amended by the addition of a new Chapter 8.22 to read, in words and figures, as follows; "Chapter 3.22 "Prohibition of Chlorofluorocarbon Processed Food Packaging "Seotionat f. 8.22.010 Definitions. 8.22.020 CFC - processed food packaging prohibited. 9.22.030 Penalties.° 9.22.040 Civil remedies available. .; "3.22.010 Definitions. "A. ICFC - processed food packaging' means any and all food packaging which uses any chlorofluorocarbon as a blowing agent, or otherwise, in its manufacture. "B. 'Chlorofluorocar3onsl, or 'CFCs', are the family of chemical substances commonly referred to as such, and containing carbon, fluorine and chlorine, and having no hydrogen atoms and no double bonds. nC. 'Customer' moans anyone purchasing food or bevordgoo from a restaurant or retail food vendor. "D. 'Food packaging' moans all bags, eacks, wrapping, boxes containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for ra -use, on or in which any foods or beverages are placed or packaged on a restaurant's or retail food vendor's prsmises. 2 Nff Dom;.; y�ipg IIgRKMgN A 44CZVNSKZ P.p2ipy "L. 'rood vendor' means any restaurant or retail icod vendor within the City of Rancho Cucamonga. "P. 'Prepared food' means beverages and foods which are Prepared on the vendor's premises by cooking, chopppping, slicing, Mixing, freezing, squeezing, or otherwise, and whioh requiro no further preparation to be consumed. Prepared food does not include any raw uncooked meat product or fruits or vegetables which are not chopped, squeezed, mixed, or otherwise processed in some fashion. 00. 'Restaurant' *sans any establishment located within the City of Rancho Cucamonga, selling prepared food to be eaten on or about its premises by customers. 'Restaurant' L.cludes sidewalk and all other outdoor food vendors.. "N. 'Retail food vendor' means any store, shop, sales ortaedel! delicatessen, n, othertthanbasrestaurant, located Arwithin then City of Rancho Cucamonga, which provides or sells tak6ost food. restaurant /orpretail foodsvendorewithinythe City packaging Rach to a Cucamonga. "J. 'Takeout food' means prepared foods or beverages requiring no further preparation to be consumed and which may be Purchased in order to be consumed off the retail food vendor's promises. "8.22.020 =, - ytocesaad 1024 mackaaina prohibited. "A. Restaurants "1. Except as provided in sub - section D hereof, no restaurant shall provido prepared food to its customers in any CIV - processed food packaging, nor shall any restaurant purchase, obtain or keep any CPC - processed food packaging for such purpose. "2. As to any food pa September 1, 1989, each res each of its suppliers a wri supplier, or by an authoriz stating that the euppller w food packaging to that rest note on each invoice for fo restaurant that the packsggi not CPC - processed, and it identity of the packaging's :can statement signed by the id agent of the supplier, 11 supply no CPC - processed urant, that the supplier will d packaging supplied to that y covered by the invoice in shall further include the manufacturer. �a�C I T It 17.i 3,7 MARKMAN 0 ARC2Y N9KI P.Bli SO'v.Yt`S v "3• All contracts between rsetauranCs and thereto entered into after Septaeber 1, 1909, d provisions that the supplier will supply no CtC toad Packaging and that the supplier will truths en each invoice for food paokag ll Plied truth, packaging !s not C!C - processed and it shall ft provide the identitIy1 of the Packaging's manufaot aat!rlaltbreach ofwthe cenr.provisions shall con "4, Restaurants shall retain each euppipliar•s In sub-s onetyser from ttasla0tsdata of receipt ottany 30 adbove fro, that supplier. for Packaging "D• Retell food vendors processeoodrvondor shall dad In sub - section D hereof, no processed food Packaging,Pnor ishelll anytretailifood any purchase obtain or keep any CPC - proceosafi food packaging for the purpose of packaging takeout food, warehousesAll retail efood ear o, shall tood segregate, in their their takeout food operations, from Other food which may be stored on the prenlsas. All food packaging maintained on each retail food v�»dors premises shall not bean utilized In Ito manu be labeled with languae clearly indicating that Cs have /.acture. FC q3.4 All contractsaforr he purchase of takeout food with the Provisions of Section 0.73.070 A.3. January 1, 1990, shall comply "C• Regulations applicable to all food vendors. reol. mlestapptoment Ofsmaterial unlawful tofor any toodpvendortormto0 any angardingsthrsusosorfnon- ueotot CPCOnlnoth cmanu[acture of any food packaging supplied, or to be supplied, to any food vendor In the City of Rancho Cucamonga. time it "7• Each food vendor shall file a atatemont at the that it In inacompliances with ithis chaptertully declaring 03. All and Chapter shall besmaden available cfor n inspection byythe city Hanaqar or his or her designated representative be unlawful for anyone having Custody of she12 uch e. . it documents to 4agj) AUG -37 -eB W'(D ,93+0T ~MARKMAN 0 ARCOYN®KL p. 0E /OS fail or refuse to produce such documents upon roqueut by the City Manager cr his or her designated rsprasentativs during normal business hours. "D. Exceptions "1. The City Manager or his or her authorised representative may exempt a typo of Packaging from the requirements of this chapter upon a shoving satisfactory to the City Manager or his or her designee that the packaging has no acceptable non - CPC - processed equilalent and that imposing the requirements hereof would cause undue hardship. Said documentation shall includa, but is not limited to, a list of suppliers contacted to determi.0 if non - CPC- proossaed substitutes are available. "2. Food packaging required to be paid for or shipped under a contract entered into prior to September 1, 19s9, is exempt from the provisions of this Chapter. "r. The City of Rancho Cucamonga @hall not purchase any CPC - processed food paWmSing, nor shall CPC - processed food packaging knowingly utilized cnCan rod venocigwithine cityoanhoucmoga, an after September 1, loss. "P. The City Manager is authorized to promulgate regula- tions and to take any and all other actions reasonable and necessary to enfo .rce this chapter, including, but not limited to inspection of any food vendor's premises, during normal business hours, to verify compliance. "0. Voluntary and mandatory compliance. "it is the intent of the City Council of the City of Rancho Cucamonga to achieve a fifty percent (804) reduction in the use of CPC - processed food packaging by March 1, 1989, and a ninety percent (904) or greater reduction thereafter. In order to achieve this reduction, compliance, with the provisions of this chapter shall be on a voluntaly DaDi@ until September 1, 1969. on and after September 1, 1989, the provlolons of this Chapter shall become mandatory without further notice. "1622.,-M pajl& 98 On and after September 1, 1989, it shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requ rementu of this Chapter. Any parson, firm, Partnership, or corporation violating any provision of this charter or failing to comply with any of its 6 -' MgRKMgN Gl gRCZYNSKI P OT requirements shall be deemed guilty of an infraction and Wan conviction thereof shall be punishable as follows: "A. A fine not exceeding Qnl yy-3drsd =A" 11100.00) for a first violation! "0. A fine not exceeding W asp 0011lu !3200.001 !or a second violation occuring within one (1) yoart fsMoUri forieach additionalgviiolatioonn ooccuriing within one (1) yeor. "Each such person, firm, partnership, or corporation shall be deemed guilty of A separate offense for each and Avery day or any portion thereof during wYdch any violation of any of the provisions of thie chapter is committed, continuad or permitted by such person, firm, partnership, or corporation, and shall be dvamed punishable therefore as provided in this Chapter. construed ao not be &a Permitting conductnot rprescribed herein and shall not affect the enforceability of any other applicable provisicn of law. ne.22,040 Civil X221din available, "A violation of any of the provisions of this Chsptor shall constitute a nuisance and may be abate0 by the City through civil process, by moans of restraining order, preliminary or parmanant injunction, or in any other Mannar provided by law for the abatement of such nuisanco." Atatinn as section The city Council declarea that, should any provision, paragraph, sentence or word of thi• Ordinance be rondorad or declared invalid by any final court action In a court. Of competent jurisdiction, or by reason of any preemptive sentences, and hwords aofiWe Ordinance ahalloromapnrinrfull'torce and effect. The Mayor shall sign this Ordinance and the City Clark shall cause the eaMe to be published within fifteen (SS) days attar its passags at least once in =a Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 4a ?F i i iu r u. YN9Ki P.06;�09 r PAISRD, APPROVED and ADOPTED this Mayor ATTESTS Beverly A. Authelot, C ty Clark day of I, Beverly A. Authelet, city Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was given a first reading at a regular meeting of the Council of the City of Rancho Cucamonga hold on the _ day of , 1988] a public hearing was hold on the day of , lose, and was finally passed at a requ_a meeting of the C ty Council of the City of Rancho Cucamonga held on the day of , 1989. Executed this day of , 1988 at Rancho Cucamonga, Califo -r . Beverly A. AuthO et, City Clark L \111 \ORDSTYRO \R.C. 1.1.1 7 4 �7 C•7 r.0 t� '1■ P ■ , lost. AYES: COUNCIL MEMBERS: HOESS COUNCIL ME BERSS, ABSENT: COUNCIL MRMBERBS ABSTAINED: COUNCIL MEMBERSt Mayor ATTESTS Beverly A. Authelot, C ty Clark day of I, Beverly A. Authelet, city Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was given a first reading at a regular meeting of the Council of the City of Rancho Cucamonga hold on the _ day of , 1988] a public hearing was hold on the day of , lose, and was finally passed at a requ_a meeting of the C ty Council of the City of Rancho Cucamonga held on the day of , 1989. Executed this day of , 1988 at Rancho Cucamonga, Califo -r . Beverly A. AuthO et, City Clark L \111 \ORDSTYRO \R.C. 1.1.1 7 4 �7 C•7 r.0 t� '1■ P ■ n' v CrrY OF RANCHO CUCAMONGA STAFF REPORT OATEr August 10, 1988 TO: City Council and City Manager FROM: Park R. Lorimer, Sr. Administrative Assistant SUBJECrr FIREWORKS SALES ELIGIBILITY LIST(PIREWOMM OeDIRA. CS Recommendation It to recommended that the City Council accept the recommendations of the Advisory Commission pertainirg to the Fireworks Ordinance and Eligibility List and further adopt the recommendations for the Eligibility List and direct staff to prepare an ordinance emending the Fireworks Ordinance for first reeding on Septembar 6, 1988. Information For many months, the Advisory rommission has considered amendments to the City's existing Fireworks Ordinance and Fireworks Sales Eligibility List. The Commission has considered public testimony from several non- profit organizations which have operated fireworks booths in the past. From the discussion of this issue end input pro, :ded by the public, the Advisory Commission respectfully recommends the following amendments to the existing Fireworks Ordinance, as well as a complete reorganisation of the Booth Eligibility List. 1 A maxLnum of six stands should be allowed per. year. Presently, the City.'e ordinance allows For one stand per a population of 15,000, however, only fi•,e organizations have been allowed to sell fireworks in past years. This particular amendment would require adoption by supplemental ordinance. 2. A subcommittee of service organizations, Fire District representatives, and City staff shall meet twice a year to evaluate the operation of fireworks booths (July and January). Presently there is no provision stating these groups shall meet to discuss the fireworks issue. This particular amendment would also require adoption by supplemental ordinance. 3. All organizations operating fireworks booths shall be required to keep records on how fireworks sales revenue is spent within the City. Presently, such a provision is not required but encouraged by the City. This provision would also require adoption by a supplemental ordinate*. Staff — Fireworks Or&rsnce August 10, 1988 Page 2 4. Failure to comply with provisions of the Fireworks Ordinance shall result in removal from the Fireworks Eligibility List. No such provision exists in the present ordinance. —his provision would also require adoption by supplemental ordinance. 5. All new applications to operate a fireworks booth shall be considered in July by the Advisory Commission. Presently, the Fireworks Eligibility List does not allow the addition of any am organisations. This provision would also require adoption by supplemental ordinance. 6. Fireworks booths should be operated by organisations as defined by two categories — service clubs and youth sports /booster clubs. In addition adopting this provision by supplemental ordinance, it requires the City Council to approve a reorganization of the Fireworks Eligibility List. Action of the City Council is two —fold( first, to conduct a first and second reading of a supplemental ordinance amending the existing Fireworks Ordinance to include the above recommended provisions( and second, to approve a new Fireworks Sales Eligibility List tihich is reorganised from the roster established in 1983. The recomended sow Eligibility List is attached for your consideration. Thin list identifies those 28 service clubs and youth sports clubs which would be eligible to sell fireworks, as well as those organizations to be removed from the existing roster (Day Scout troops, church affiliated groups, Etivanda High School Patrons of Performing Arts, and those organizations dissolved within past years). The Advisory Comission has discussed justification for not including several organizations on the Fireworks Eligibility List. Boy Scout troops and easoeiato grow;.. (Friends of Packs, Parents of Troops) are prohibited by National Boy Scout policy from selling fireworks. In addition, both Elks Lodge 62470 and California Psycho Education Systems are no longer operating organizations in our area and are not able to participate in the sale of fireworks. The Commission has also indicated that the remaining groups (EHS Patrons of the Performing Arts, Sacred Heart Church, United Methodist Church of Cucamonga, Church of Jesus Christ of Latter Day Saints, and North Kirk Presbyterian Church Youth Group) were too specific in their service to the community or specified group of people to be included on the Eligibility List. The Advisory Commission suggests that the City Council act quickly on the Eligibility List, since organizations to operate fireworks booths in July, 1989 have yet to be aetected. It is important to allow participatimg group@ enough leadtime to organize for the coming Fourth of July season. If the reorganized list is approved, a random draw of the 28 eligible organizations will be held to determine order of sale for the coming years. am ' i ± ml��; sl, z". dY` •;"..,ran:44' „ {yy+�reu,w��.:.'� - ,r..`;.:..: :,r'��13'Ei 4.�fr•;^;�3`wYNit.�S y,Y.. Staff Report — Fireworks Geiinanc's:,t' Augus! $0;= Y1988, Page 3 Should the City' Council have any questions or comments regarding this agenda Item, please feel free to contact me. , MI jls attachvsat 88 -557 MM FIRE%VRRS B00TH ELIGIBILITY ROSTER Sons of Italy B.C. Juniar Womens Club American Lagion Post 835 Cucamonga District Lima Club Cucamonga Service Club Rivanis Club of Rancho Cucamonga ` Rancho Grande [ivanis Club Mobil Meals Incorporated Rotary Club H.C. Vrawas Club R.C. VIV Post 8680 R.C. Breakfast Liens Club Italian Catholic Federation R.C. Lioness Club B.C. Rotary Breakfast Club Etivanda Historical Society Miss Softball Aalrica Alta Loos Little League ALBS Band Booster Club Cittus Little League ALRS Athletic Booster Club Pony Colt League Vineyard Little League MIS Sports Booster Club Pop Warner Junior Football ACE Youth Softball Inland Empire Youth Soccer League Alta Loma Aztecs q.31 i z =art Boy Scout Troop #644 Boy Scout Troop #641 Parents of Troop 1641 Friends of Pack 0655 ,4 A oagaiZATIONS Pl*=D FROM THE FIRMIORKS ROSTER California Psych* Education S,.ste, (organization dianolvei in 1986) ENS Patrons of Performing Arta Elks Lodge #2570 Sacred Heart Church A (Organization dissolved in 1987) United Methodist Church of Boy Scout Troop #643 Cucamonga Boy Scout Troop 0625 Church of Jesus Christ of LDS-3rd Ward Boy Scout Troop #76 North Kirk Presbyterian Church Boy Scout Troop 1646 Youth Group Boy Scout Troop #644 Boy Scout Troop #641 Parents of Troop 1641 Friends of Pack 0655 ,4 SURVEY RESULTS CITY OF RANCHO CUCANONW v FIREMOA%5 DGOTN QUESTIONtU:I0.E F JANUARY, 1988 + 1• WhathTYP(DteasefcheknasamanysIs pply )e eligible to operate a fireworks 21 Community-wide affiliat {dnse Historical Prcservatioin groups) service clubs, 20 Youth Sports Teams / Organizations 15 Youth Sports 800ster Clubs 14 Boy Scout Troops 10 Church Youth Groups 10 Church Organization 14 Non -profit Visual a Performing Arts Groups 19 Senior Citizen Assistance Organizations 17 tlon -profit Human Service Organizations skiing. 4 Non -profit Single Intg. olitical' business andoprofessional) equestrian, public speaking, P 1 Other (please describe) (currently Rancho p, How many fireworks booths should be allowed each year Cucamonga has a Population of 88,000)? 17 1 booth per a population of 10,000 5 1 booth per a population of 15,000 )) 2 i1l 3 /yr 1 booth per a population of 2n,000 4 /Yr (2) 119/1; 1 15 /yr 1 1 booth per a population of 25,000 (p; 5 /yr Now many? 10 A fixed number of booths per year. i 3. Should the use of fireworks sales generated revenues be restricted to specific programs or be allowed for general (unrestricted) use? 22 restricted use (specific programs /projects only) 13 general ase (any purpose) q-33 Fireworks Booth questionnaire Page 2 4. Should organizations whose memberships are comprised of less than 50% Rancho Cucamonga residents be allowed to operate a fireworks booth? P ?es -I_ No S. What additional coments do you have regarding the type, numler and eligibility of organizations operating fireworks booths in Aancho Cucamonga? Please return this completed questionnaire to Mark Lorimer, Senior Administrative Assistant, City of Rancho Cucamonga, P.O. Box 807, Rancho Cucamonga, CA 91730, no later than February 12, 1988. 434 P Z.10.120 Drd i Y1 a►N M. a rescheduled meat- and - confer session or a rescheduled me- diation session before the West End Mediation Board, as the 'case may be. (Ord. 148 51(pert), 1981). 8.10.120 Reschedulin and continuances. A. Re- Scheduling o matt -ar. -eon •r sessions e a ba done by the city clerk. Rescheduling of mediation sessions before the West End Mediation Board shall be done by the secretary of the Wast End Mediation Board. Any such rescheduled session shall be held within fourteen calendar days of the date originally set therefor. B. A mast - and - confer session may be continued b3� writ- ten stipulation of the tenants' Committee and the mobile home park owner or his or her authorized representative and such stipulation shall be filed with the city clerk. A hearing on any appeal to the West End Mediation Board may be continued in accordance with the rules established by the West End Mediation Board. (Ord. 148 SI( part), 1981). Chapter 8.12 FIREWORKS Sections: 8.12.010 Intent and purpose. 8.12.020 Fireworks defined. 8.12.030 Sale of safe and sane fireworks permitted. 8.12.010 Licenses and permits. 8.12.050 Insurance requirement. 8.12.060 Stand operation -- Staffing. 8.12.070 Stand operation -- Location. 8.12.080 Stand operation --Construction of stand. 8.12.090 Stand operation - -Fire extinguisher requirements. 8.12.100 Stand operation -- Security. 8.12.110 Stand operation -- Parking restr.cticns. 9.12.120 Stand operation-- Removal of combustibles. 8.12.130 Stand operation -- Posting of `NO Smoking- - signs. _ 8.12.160 Stand operation -- Alcoholic beverages consump- tion. 8 12.150 Stand operation -- Storage of safe and sane fireworks. 8.12.160 Stand operation-- Romtval of unsold stock. 8.12.170 Stand operation -- Installation and removal of stand. 8.12.180 Prohibitions on discharge. 8.12.190 Penalty for violation of chapter. (Rancho Cucamonga 102 5/86) +3 S 1� x.12.030 -- 8.12.030 �% Sections: (Continued) 8.12.200 Civil remedies available. 8.12.210 Saverability. ,8.12.010 Intent and u cse. It is the.intont of this chapter to sa aguar a or 1Lmb, health, proparty and ' public welfare by regulating and Controlling the storage, sale, use or discharge of safe and sane fireworks within the city. (Ord. 78 S2, 1979). 8.12.020 Fireworks defined. A. 'Dangerous fireworks' are one a ne , n Sect cn .5�5 of the California Health and Safety Code, as the same presently exists or may be amended from time to time hereafter, and said dangerous fireworks may not be discharged within the corporate limits of the city, as the same presently exists or as may be mod- ified from time to time hereafter, at any time. B. °Safe and sane fireworks -,are those defined in Sec- tion 12.504 of the California Health and Safety Code, as the same presently exists or as nay be amended form time to time hereafter. Safe and sane fireworks may be discharged within the corporate limits of the city during the period beginning at 12:01 a.m. on the fourth day of July and ending at 12:01 a.m. on the fifth day of July of the same calendar year. C. - Sperklec- includes any device containing chemical elements and /or chemical compounds capable of burning inde- pendently of the oxygen of the atmosphere and may be com- prised of, but not limited to, devices made of the following ingredients and having the following capabilitiest Barium nitrate, aluminum powder (pyrotechnic mix- ture), iron powder or fins grits, resin, potassium Perchlorate and adhered to wire or wood material and manufactured to burn at a controlled rate of speed. (Ord. 78B 51, 1986: Ord. 78 53, 1979). 8.12.030 Sale of safe and sane fireworks Damitted. A. TtFe ea e of safe an sane firewor s shall only be per- mitted in commercial districts of the city and such sale shall be subject to all applicable state laws and regu- _ lations and all conditions specified in this chapter. B. No person authorized to sell safe and sane fire- works pursuant to this chapter shall sell any such fire- works, including safe and sane fireworks, to a minor under the age of eighteen years, unless such minor is accompanist by his or her parent(s) or guardian(s). C. The as Is of safe and sane fireworks shall not com- mence prior to twelve noon of the thirtieth day of June and shall terminate at 12:01 a.m. on the fifth day of July of the same calendar year, D. Notwithetandint any o�;er provision of law, it 103 (Rancho Cucamonga , ( 6 8.12.040 -- 8.12.050 shall be unlawful for any person, firm, partnership or cor- poration to.stll any sparkler, as that term is defined in this chapter, in any location within the corporate bound- aries o1 the city. (Ord. 78B S2, 1986: Ord. 78 54, 1979). 8.12.040 Licenses and permits. A. No parson shall offer for sale or s• at rota any safe and sane fireworks in the city without first having applied for and secured a business license from the city and then applied for end secured a permit from the Foothill Fire District ant an electrical permit for any included olectrical wiring from the building official. e. Each application for the Lale of safe and sane fireworks shall be accompanied by three nets of plot plans and shall set forth the proposed location of said safe and sane fireworks stands. C. All permits and licenses shall expire at 12:01 a.m. on the 5th day of July. Any permit or license shall be sub- ject to suspension by order of the fire chief or building official if he or his duly authorized representative has determined that any nermittee has faired to comply with the terms and provisi :as of this chapter or any conditions of the permit. 0. Organizations licensed for the selling of safe and sane fireworks are required to obtain a temporary sales tax permit from the regional office of the State Board of Equal- ization. E. The license to sell fireworks, the temporary sales tax permit, the Foothill Fire District permit and the Cali- fornia State Fire Marshal's Retail Fireworks License shall be displayed in a prominent place in the fireworks stand. F. written permission of the owner of record or lessee of the property on which the safe and sane fireworks stand is to be located shall accompany the application. (Ord. 78 55, 1979). d.12.050 Insurance requirement. Applicant shall also provide, at the t e or pa= Lt application, evidence of pub- lic liability insurance indicating: A. Name and address of applicant as insured or a hold- er of certificate of insurance issued in connection with a policy carried by a supplier of safe and sane fireworks: 0. That applicant, city, and Foothill Fire Protection District are insureds in respects to liability arising out of operations and /or activities conducted at the location described herein, or in conjunction with the named insured to whom this policy is issued, and /or sale or use of prod- ucts purchased from said named insured: C. Period of coverage shall be 12:01 a.m., June 70th, or earlier, to 12:01 p.m. July 15th, or later, of the same calendar year; D. Name and address of insurance company: (Rancho Cucamonga) 104 ��� 5/85) 8.12.060 -- 8.12.080 r; E. Limits of liability of not less than one hundred'_;' thousand dollars to three hundred thousand dollars public llnab'lity and fifty thousand dollars property damage insu:�- r. Types of insurance as: .: ••l. General liability including premises /operations liability, 2. Contractural _ - indemnification agreements iwithithsscity- andlthe Foothiling Fire Protection District, . 3. Products liability including completed operations liabllityl G. Location of proposed operation as "safe and sane fireworks stand* (exact description of locatfan11 H. That not less than thirty days written prior notice Of cancellation or material change in coverage be provided to the city and the Foothill Fire Protection District and /or each additional inrured'indicated in the certificate of in- surance. (Ord. 783 53, 19861 Ord. 78 S6, 1979). 8.12.060 Stand o eratiOV--Staffin . No person below the age 0 e gnteen years eha , at any time, be or be per- mitted inside said stand or to assist in the handling or sale of safe and sane fireworks. (Ord. 78 57 (A), 1979). 8.12.070 Stand o oration -- Location. A. All retail sales o se a nn sane ravers s a e permitted only from within a temporary safe and sane fireworks stand. Sales from any other building or structure are prohibited. D. No safe and sano fireworks stand shall bs located within twenty -five feet of any other building, nor within twenty -five feet of any ignition source which could light or discharge safe and sane fireworks, nor within one hundred feet of any premises where flammable liquids are dispensed. Minimum setback from street curbing it shoulder shall be ten feet. C. Said safe and sane fireworks stands shall be so located as to provide safe and reasonable ingress and egress thereto and to comply with the other provisions and terms of this chapter. The stands shall be located substantially at that place indicated on the approved permit for such safe' and sane fireworks stand. D. Separate stands shall not be located closer than three hundred feet apart. (Ord. 78 57(3), 1979). 8.12.080 Stand o eration -- Construction of stand. A. Safe an acne reworks stands, as temporary structures, shall not bs subject to the terms and provisions of the building code of the city, applicable to the construction of permanent structures or buildings provided, however, that all such stands arc erected under the supervision of the building official and fire chief, who shall require such 105 (Rancho Cucanonga j •5/861 8.12.090 - -a- 12.120 stands to-be constructed in a manner which will reasonably insure the safety Of attendants and patrons. accordance lwithitheibuilding codensexce•t and maintained in trical circuits entering such stands shall betconnected all a through fuses or clscuit brrakera not to exceed fifteen amperes. When the dl:tancr from the stand to the source of electrical power exceeds o'la hundred feet, a temporary else- C- power pole or generator not shall be provided. C. Nn stand shall have a floor area in excess of three hundred tw�inty square feet. D. E&7h stand must have at lust two exits, th Inches In unobstructed width, All doors shall remain irty exit unlocked at all times %.nen stands tOx occupied. Exit doors shall be opsnable from the ins th tained a thirtrt ids without the us• of a key or any special knowledge or effort. There shall be main- y Snch unobstructed aisleway from all parts of t-4e stand to axis doors. Each stand in excess of forty feet in length must have at least three exits, spaced approxi- caselshallaa Person to�traveldaddiata ever, xceeding no twenty -four feet to reach an exit. ford. 78 S7(C), 1979). 8.12.090 Stand o erasion - -Pisa extin uiahar r :�ire- ment. Eaeh stan s al • rev hal gallon water pressure t e e w th two, two and Una- working order and easily accessibleefortuseuinhcase of firm. (Ord. 78 57 (0), 19791, 6.12.100 Stnnci ooeration-- SeeuritY. screen, w t not leas than a A. Metal fly mesh openings, shall be g t� e�inches by sixteen inches the inside of the booths pwhere esafe and sane lfireworksaare n stored or offered for sale. The only exception to this re- quirement is the dispensing areas to which the public must have access. S. Each stand must have an adult watchman or attendant in attendance and in charge thereof at all times while safe and sane fireworks are stored therein. No Cooking, living or sleeping facilities shall be established or maintained within any stand. No.watchman or guard shall sleep inside any such stand. (Ord. 78 S7(E), 19791 8.12.110 Stand a oration -- Parkin restrietione. There shall be no vehic a par Sng or park nq of geao ins genera- tors or any type any flammable liquid containers within twen- ty -five feet of any such stand. Some form o! physical bar- ricade shall be provided to maintain this requirement. (Crd. 78 57 (F), 1979). 8.12.120 Stnnd All w o oration -- Removal of combustibles. A. ee s an co eat b e matsr.a , not nc u inq (Rancho Cucamonga 106 x-39 .. � 8.12.170 -- 8.12.180 structures, shall, be removed from the location of the stand for a minimum distance of twenty -five feet surrounding the stand. R. All trash shall be removed from the safe and sane fireworks stand and the premises each evening at the clog* of - business. (Ord. 78 S7,(G), 1979). snail as prominently displayed on all sides of the sate and sane fireworks stand, both inside and outside. No person shall smdka or burn any cigarettes, cigars, pipes, light !- safe and sane fireworks, matches or any other material with- in such stand or within a distance of twenty -five feet sur- rounding such stand. (Ord. 78 57(H), 1979). 8.12.140 Stand c .ration -- Alcoholic hovers • conaumo- tion. T e- consumption O any a coo a everages s a e pro in and around any safe and sane fireworks stand. (Ord. 78 47(1), 1979). rireworxs. bare and sane rireworxs shall be atom only in tt:o sa a end sane fireworks stand. It shall be unlawful for any person to store safe and sane fireworks in any building, residence, garage, home, automobxle, trailer, or any other vehicle within the city, except "or temporary storage of small quantities in a residence during the period of permit- ted sale, as defined in Section 18.12.070. (Ord. 78 57(J), 1979). 8.12.1 60 Stand operation -- Removal of unao ld stock. All unsold stock shall be removes from a peat —%n by 12,00 noon on the 6th of July. (Ord. 78 57(X), 1979). 8.12.170 Stand o oration -- Installation end removal of stand. No sa a and sane rework• stand a al 9 Ingtal3ed prior to 12:00 noon on the 20th day or June and earn such stand shall be removed from the temporary location by 12:00 noon on the 7th day of July of the same calendar year, (Ord. 78 57M, 1979). - 8.12.180 Prohlbieions on dischar e. A. It shall be unlaw ul for any person to gnits, explode, project, or oth- erwise fire or use any safe and sane fireworks or permit the ignition, explosion or projection thereof upon, over, or onto the property of another without his consent, or to ig- nite, explode, project, or otherwise fire or make use of any safe and sane fireworks within ton feet of any residence, dwelling, or other structure used as a place of habitation by human beings. S. Safe and sane fireworks shall not be discharged 440 107 (Rancho Cucamonca SIM � 8.12.190-- 8.12,2I0 within any high lire hazard area of the city, as designated and shown On. the Fire Prevention Bureau map at 6621 Amethyst Street, Rancho Cucamonga, 91701, nor if a fir result from such discharge.* e hazard would C. Any minor under the age of sixteen years using sale and sane fireworks shall be under the suHrvislon of a re- sponsible adult. 0. No person, firm or organization shall store, display, sell, Offer for sal manulaeture, e, possess, discharge, or cielode, fire, or set off any dangerous fireworks within the Y• tive,Eshalleseize , ct chief, remove, duly causeoto be removed, the expense of the owner, all stocks of safe and sane fire- works offered or exposed for sale, or held in violation of this chapter. (Ord. 78 S8, 1979). u..aarrui ror any person, :i,� - - - -"" " cna ear. A. It !a to violate any provision or to tailntoscomplo corporation the requirements of this chapter. olefin- any person, firm, partnership, or corporation vi- 4 y provision of this chapter or tailing to comply with any of its requirements shall be deemed guilty of A misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprison- ment not exceeding six months, or by both such tine and im- prisonment Each such parson, firm, partnership, or corpo- ration shall be deemed guilty of A separate offense for each and every day or any portion thereof during which any vio- ted1ocontinued Of the provisions of this chapter is commit - permitted by such person, firm. partner- ship, or corporation, and shall be deemed punishable there- for as provided in this chapter. 78 $9, 1979) ford. 788 St, 1986: Ord. 8.12.200 Civil remedies available. A violation of any of the prov alone o eh a ehapter she constitute n nui- sance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunc- eicn, or in any other manner provided by law for the aba�a- mant of such nuisance. (Ord. 78B S5, 1986). 8.12.210 Beverability. The city council declares thee, should any prov sion, section, paragraph, sentence or word of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or Editor's Note: A nonordinance amendment reflects a Chang' of A rea for the main fire district office. (Rancho Cucamonga 108 5/861 -441 4 ORDINANCE NO.` f AN ORDINANCE OF THE ,,CC;; C DNCIL OF THE CITY OF RANCHO COCANONGA,`lIU ION 9.18.01E TO THE RANCHO CUCAEDNGA F.L crFAL CODE PERTkr3WAG TO TER PROHIBITION OF MUTHOR.IEED - m mity UPON CERTAIN PRrvATELY OWNED LANDD WITHIN THE CITY OF RANCHO CUCAXONGA, AND DECLARING TEE URGENCY THEREOF. A. Reolta18. G) Cucamonga Canyon is a natural and unimproved wilderness area located generally north of Almond Street, west of the northerly terminus of Sapphire Street, within the boundaries of the City of Rancho Cucamonga, and proceeding northerly into the wilderness /recreational areas comprised of the San Bernardino National Forest. The area of Cucamonga Canyon within the boundaries of the city of Rancho Cucamonga, except ' for certain public easements, is comprised of privately owned land. Within such area of Cucamonga Canyon there are no obvious improvements or boundary demarcations to distinguish the privately owned lands within the ; Citv of Rancho Cucamonga from the public land of the San Bernardino National Forest. 1 (ii) In recent yearn, it has been the habit of young adults to frequent the area of Cucamonga Canyon to conduct various parties and gatherings. The presence of such gatherings in the extremely rugged and unimproved areas of Cucamonga Canyon, combined with the preence of certain persons under the influence s, of various resulted in a including, but not limited to, numerous �- deaths, serious injuries and traffic accidents. Moreover, the use of this area has been charrcterized by continued and repeated requests for law enforcement services for a variety of criminal acts, including, but not limited to, various drug and alcohol related incidents, violent assaults and deliberate vandalism. Such activities have contributed to the accumulation of substantial litter and debris and have increased the -•isk of serious fires in the area. A substantial portion of- the above - described accidents and incidents have occurred on the above- described private lands witht, the jurisdiction of the city - of Rancho Cucamonga. Council of(the) Prior Cityof Rancho pCucamonga has ientered tinto ithat "Memorandum of Understanding Pertaining to the Allocation of Public Safety Responsibilities and Resources for Cucamonga Canyon" with the United States Department of Agriculture, Forest service and the county of San n Bernardino. One of the purposes of such Memorandum was to create an enforcement network to allow the Forest Service to effectively enact, within the jurisdiction of ; 7 _ s n the San Bernardino National Forest, certain regulations limiting access to such pubItc lands to alleviate the public safety dangers referenced above. However, because such regulations would not apply to the above- described privately awned lands within the City of Rancho Cucamonga, and because such regulations would not otherwise be completely effective' it is necessary for the City of Rancho Cucamonga to provide restrictions on access to thee private property within the boundaries of the area of Cucamonga Canyon. (iv) Based upon the history of usage of the Cucamonga Canyon urea referenced above, this Council finds that unrestricted access to the private property within Cucamonga Canyon is inherently unsafe and constitutes an extrome danger to those persons and properties within such area of Cucamonga Canyon. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. D. QXuamu. THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. This Council finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION g. The City Council of the City of Rancho Cucamonga hereby finds as follows: a The area of Cucamonga Canyon within the Jurisdiction of the City of Rancho Cucamonga is characterized by its extremaly rugged, unfenced, unimproved and natural terrain. Such lands are currently in private ownership: however, there are no obvious landmarks or demarcations to distinguish the boundaries of such private lend from the public property of the San Bernardino Natlonal Forest immediately adjacent. b. The history of usage of the site, including the private lands in question, has res-Ited in numerous accidents and deaths, repeated requests for law enforcement services for a variety of criminal acts and the general waste, damage and destruction of public and private property. c. The continued unrestricted access to such lands within Cucamonga Canyon poses an extreme and immediate Janger to the health, welfare and safety of those parsons and properties in and upon such areas of Cucamonga Canyon. SECTIOB ,Z. Chapter 9.18 of the Rancho Cucamonga Municipal code is hereby amended to add a new Section 9.18.015, to read, in words and figures, as follows: "9.18.015 FrohibitSerl 2L Unauthorized Access - Cucamonga Canyon. A. No person shall enter or r -main upon any private land in the area of Cucamonga Canyon without having written permission from the owner of such lands, or the owners agent, authorizing such entry onto such private lands. "B. For the purpose of this section, 'the area of Cucamonga Canyon' shall mean any and all private property within the corporate boundaries of the City of Rancho Cucamonga north of Almond Street, west of the northerly terminus of Sapphire street. "C. The terms and provisions of this section shall not apply to the following: 01. The owner of such lands, or owner's agent, together with persons having visible or lawful business with said owner, agent or person in lawful possessions n2. Any federal, state or local law onforcement, fire protection or safety personnels "3. Any public utility or related service personnel while actively engaged in the performance of such public utility or related services I Any fenced and privately owned land containing structures, dwnllinge or other improve- ments of an owner or parson in lawful possession of such property; and, 115. The area of the Forest Service access easement to the San Bernardino National Forest commonly known by the name 'Big Tree Road.1" SECTION 1. The City Engineer of the City of Rancho Cucamonga is hereby authorized to prepare and post signs informing of a violation of the terms and provisions of this Ordinance on the above- described property within Cucamonga Canyon. SECTION J. This Ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code Section 36937(b) and this Ordinance shall take effect immediately upon its adoption. 4 P - @ECTION g. The City council declares 'that, should any provision, section; paragraph, esntencs or word of this Crdinance be randered or declared invalid by any final court action.in a court of competent j:+risdiction, or by reason of any preerp'cive legislation, the remaining provisions, suctions, para7raphs, sentences, and words of this Ordinance shall remain in full force and effect. of this Ordinance and Clerk shall same t befpublishedpwithin fifteen (15) days after its pl.seage at Least once in The patty Report, a newspaper of genaral circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. j PASSDDN a ADOPTED this hr/ day of , / Mayor I, BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Co 1 of the City of Rancho Cucamonga held on the Ot4 day of 1,,38, and was Ak%O&3y paesM _ oz ' 1988. ti.+ by l-"ving- vote: - -� AYES: COUNCIL MEMBERS: Qd'i -Noss• rnUM.CZL_1(EMBERS: OWL vuec toe ABSENT: COUNCIL MEMBERS: V 1 ABSTAINED: COUNCIL MEMBERS: ATTEST: C ty Clerk p! the C tyi pf -- Rancho Cucamonga - L \131 \ONOENTRY \R.C. 10.10 4 I ' i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: kgvst 17, 1988 TO: Members of the City Council and City Manager FROM: Russell M. Maguire, City Engineer BY: William J. Silva, Deputy City Engineer SUBJECT: REPORT ON MAINTENANCE COST FOR WINDROW TREES During discussion of the Tree Preservation Ordinance at the City Council meeting of August 3, 1968, staff was directed to develop an updated estimate of the cost of maintaining windrow ew,alyptus trees. This memo will summarize the estimated costs of maintaining existing windrows which are preserved with development, and maintaining windrows which are planted to re- establish windrows which are removed. In developing an estimate for the annual cost per tree to service and maintain Eucalyptus windrows several considerations were addressed. All wort necessary to preserve existing windrows, including trimming, protection and irrigation, and an re- establishing new vindrows will be the responsibility of the developer prior to the City's acceptance for maintenance. All trees would be maintained on a regular basis and scheduled for major servicing every three years to prune and shape for optimm growth and public safety. The estimated cost per :.ee for this program was based upon the historic costs experienced by the City in recent years. Based on the current tree trimming contract rates, cost of equipment required, personnel requirements, and administration of a landscape maintenance district for windrow trees, the estimated average annual cost for windrow tree maintenance Is $140 per tree. This estimate is based upm the establishment of a 'public windrow easement along all windrow plantings to provide adequate right -of -way for accessibility of equipment and - working area for control of limbs during the tree trimming maintenance process. These save criteria would apily to windrows which are preserved as well as windrows which are re -csta ilshed, to provide for the ultimate maintenance of full grown windrow plantings. s i Y1 /I:YVVI,Y,A'i /R((•F(YRI ^�- MINORON TREES, AUGUST I7, °1489 ` PAGE 2 In a recent subdivision- iooroi the Alimark Company north of nuei approximately 570 feet of at wltnln a wlnlrow+1.uuu, feet ¢in: length. wLjn,;the Allmark -tract there will be approttimately 'a;totil-:ofz5;O70:fesfof, windrows�plintfng which'will contain approximatelj',630�trees .° If."thesestrees - `are,_to be maintained within a •' public`; windrrx� 'easealent ", ?'tbe�,waintenance cost ,would.be approximately 528,000; i.e�;•year:- ;TA1s� Particular subdivision;:4Tract 12870, contains 67 +lots;= %therefore r,if;� these lots':were assessed for windrow tree maintenance'.the;assessalent woulE be ipproximately $1,300 per year per lot. Although during the, early^years- of maintaining re- established windrows the maintenance: work is somewhat different than that of maintaining the larger established windrows, 'the intensity of attention needed to insure survival of the new plantings and establish vigorous growth, including replacerient and staking of new plantings, maintenance of irrigation systems, and placement of organic mulch to retain mofsture,requires similiar expense as the fully established windrow. Attachment ?�pje :M d �• ». y.nnns nu•t+ « .................... dYK 3. \71YSN 31 -- im�.°uVgO"r�� ""°'M "' Ntlldl131SVN33Nl ..i =�I •J 1 t {E i I I a, CITY OF RANCHO CUCAMONGA CAa+q�' STAFF REPORT August 10, 1988 City Council and City Managar FROH. Mark R. „crimer, Sr, Administrative Assistant SHOKING ORDINANce ECOnhTION [t is retommanded that the City Council form a aAla wishing ne to matt with the ,hamber of Coerce and otbcr interested ind +.viduals wishing to provide input Late tootsmoking Council within 60 days for firs'o� adig,Chat an ordinaneo come INFORMTI0N At the request of the City Council, the Advisory ia various ifacilitiesv and other considered a draft ordiatnta regrlatiog smoking e at draft ordinance' the indoor areas within the community. AdvisorCommission ion i° all e recommending +hat the o£t areasainlhoapitalse ands thi7d health tare centers, meeting and coaference rooms' elevators' entertainment facilities, public react",.., indoor service linen, ea�ig aetablishretai polling plscne' indoor office areas and lobbies, retail food stores, retail stores' banks and public buildings. The attached 9lIDexandam dated December I1, 1987 provides a summary of the draft ordinance recommeodations presented by the Advisory Corission. staff has also, [nfcrrmee ;;ni whlc:mr compares the retomm,ndations sofg the Advisory Commisaioapa the geraardinof Count recent Community Air Survey' eeThe the t ncoopar ing the and provisions of Cheat ttiree doe is also attached. The Advisory Commission proposed cooking ordivanca appears co be fairly consistent with both public opinion (result Couetyh Clean Indo iAira Coe itiov. the recommendations of the Sea Specif fcally, the draft or is similar to the community -wide survey Ong at the I results following the and /or areaat eg racemmlitiea llean Indoor Air Coalition with regards The draft ordinance, however, differs from the Survey and Coalition reeomendacions with regard to the following facilities and /or areas: It Meeting and Conference Rooms — The draft ordinance proposes a minimum 40Z non - smoking area. The Survey results indf.ate that 53Z of respondents prefer no smoking at all: while 202 would support smoking only in designated areas of meatirg and cunforeace rooms. The San Bernardino Coalition prefers a total ban on smoking in meeting and conference rooms. • gating Establishments — The draft ordinance recommends a oon- amoking area of 40% the total seating capacity. Likewise, the Survey results indicate that 47Z of respondents support designated areas, while 292 would prefer a total ban on smoking in eating establishments. The Coalition recommends a minimum of SOT noa- smoking designated area. • Indoor Office Areas and Lobbiec — The draft ordinance calls for an unspecified designated smoking area. The Survey results indicate that 35Z of respondents prefer a total no smoking ban, while 33% would support smoking only in designated areas in indoor office apace and lobbies. The County Coalition does not address the issue of smoking in this area. • Retail Food Stores — The draft ordinance calls for smoking only in non- public areas. The Survey results do not address this item. The Coalition prefers a total ban on smoking in retail food stores. • Retail Stores -- The draft ordinance tells for smoking only in designated area*. The Survey results indicate that 58Z of respondents would prefer a total ban, while 152 would support smoking only in designated areas of retail stores. The Ccunty Coalition would prefer no smoking at all in retail stores 443 -, Staff Report - Smoking Ordirance August 10; 1988 -, Page 2 • No smoking in elevators. No smoking in hospitals and child health care facilities. • No seeking in eatertaioment facilities (except in lobbies and non- public areas). ` • No making in public restrooms. It No smoking in indoor service lines. t • No smoking in pollivg places. r' • Smoking only in designated areas in indoor office apace@ and lobbies. s • • Smoking only in non - public areas of retail food stores. z Smoking only in designated areas of retail stores. o It Smoking only in designated areas of banks. Smoking only in non - public areas of public buildings. The draft ordinance, however, differs from the Survey and Coalition reeomendacions with regard to the following facilities and /or areas: It Meeting and Conference Rooms — The draft ordinance proposes a minimum 40Z non - smoking area. The Survey results indf.ate that 53Z of respondents prefer no smoking at all: while 202 would support smoking only in designated areas of meatirg and cunforeace rooms. The San Bernardino Coalition prefers a total ban on smoking in meeting and conference rooms. • gating Establishments — The draft ordinance recommends a oon- amoking area of 40% the total seating capacity. Likewise, the Survey results indicate that 47Z of respondents support designated areas, while 292 would prefer a total ban on smoking in eating establishments. The Coalition recommends a minimum of SOT noa- smoking designated area. • Indoor Office Areas and Lobbiec — The draft ordinance calls for an unspecified designated smoking area. The Survey results indicate that 35Z of respondents prefer a total no smoking ban, while 33% would support smoking only in designated areas in indoor office apace and lobbies. The County Coalition does not address the issue of smoking in this area. • Retail Food Stores — The draft ordinance calls for smoking only in non- public areas. The Survey results do not address this item. The Coalition prefers a total ban on smoking in retail food stores. • Retail Stores -- The draft ordinance tells for smoking only in designated area*. The Survey results indicate that 58Z of respondents would prefer a total ban, while 152 would support smoking only in designated areas of retail stores. The Ccunty Coalition would prefer no smoking at all in retail stores 443 Staff Report - Smoking Au'-'8t Page 3 Bars — The draft ordinance recommends no regulation of smoking in bar areas. The Survey results indicate that only 101 of respondents would prefer a total ban of smoking, while 34% would support smoking in designated areas and 37S would support no regulation at all in bars. The County- Coalition does not address regulation in bar areas. Buses and Cabs — The draft ordinance does not address this area since Rancho Cncaswngs does not manage any public transportation. The Survey results indicate that 58S of respondents would prefer a total ban on smoking in buses and cabs. Who County Coalition does not address this dreg. Please note that since the City does not have its own public transportation, it cannot regulate in this area. - Schools — The draft ordinance does not address smoking in schools. The Survey results indicate that 68T of respondents would prefer a total ban on smoking in schools. The County Coalition does not address this area. Please note that the City maintains no Jurisdiction in regulatica of smoking in schools. The proposed smoking ordinance also seem to be consistent with that of other cities in the surrounding Southern California "aa, as is indicated by the attached comprehensive survey of cities with smoking areas by the Lesgue of California Cities. These recommendations by the Advisory Commission are in part a product of some public testimony regarding the regulation o: smoking. The San Bernardino County Clean Indoor Air Coalition did provide comments to the Advisory Commission during its consideration (sae attached letter from Dr. Burton vilcke of the Coalition). However, tbs t.vsory Commission slAmitted these ratommaoCationa prior to the City receiving the Coctmanity Survey results. In addition, the Chamber of Commerce has not foratally reviewed this draft ordinance. •t this point, staff recommends that the City Council form a subcommittee and allow the Chamber of Commerce and other interested individuals and organizations to comment on the provisions recommtaded. It w.-Id also be appropriate for the City Council to identify any potential cancer" with any aspects of the draft ordinance so that changes can be made and considered by outside parties. Attached to this staff report are a number of item vbich will assist you In reviewing the smoking issue. Please feel fret to contact va should you have any questions or torments regarding this ratter. kill.: j 1 s attachments 88 -558 44.4 I DATE: TO: FROM: CITY OF RANCHO CUCAMONOA MEIVIOBANDUM Dtcesber 21, 1987 Musters of the Advisory Commission Park Lorimar, Senior Administrative Assistant /rte SUBJECT: S dkf— ante r%69 RECOIe1EMDATIOM- Staff recommends that the Advisory Commission approve the attached smoking ordinance and concepts and submit a recommendation for approval by the city Council. IMFOAMATIOM• Sm the direction of the Advisory Commission, staff has revised the attached Decking ordinance , to reflect those comments made by the Commission at its December, 1987 seating. The smoking ordinance provides for limited or complete Advisory on smeking in certain public and private facilities as defined.* Ths Advisory Commission has already considered the numerous facilities where smoking is either prohibited, not prohibited or regulated in porttort. Mo new provisions have been added to the attached document other than a revision to the •remedy for violation* section on page 7. In terms of the •remedy for violation' provision, the City Attorney has Of indicated het that a be used I" Ordinance terms ipulate an Infraction misdemeanor as the remedy for any violation. Staff recommends the following W reflect in the *restudy for violation• provisinn: Violation of the smoking ordinance shall be an infraction and penalties may be imposed as follows: First Offense $100 Second offense $200 Third offense or more $500 At the upcoming January 28 meeting, the Advisory remission has an opportunity to approve thf smoking ordinance and concept and submit a recoessendation for final approval to the City Council. Should any member of the C0401ission wish additional information or wish to amend the attached ordinance, please feel free to contact me at your convenience. ML:lr D a -1 =!P The smoking rirdlR:nce approved and submitted to the City Council by the Advisory Commission provides for the following provisions. Smoking Prohibited in Elevators - elevators in buildings generally used by and open to the pi�c Health Care 'and Child Care hosD to s e. Fac iliti act t ean watt ng ro - Public areas of health care ms, public hallways and lobbies); x rooms and areasroccupled by more than one patient- 1h.the event one of those patients prefers -a non - smoking area. In addition, smoking is prohibited for hospital staff, visitors and the general public to rooms and areas occupied by patfeuts. Smoking is also prohibited in publtc areas of child care facilities, He vin &etln Ro - enclosed hearing rooms, conference rooms, chambers, an a o er enc osed places of public assembly unless a minimum of 40 Percent (401) of the,avaflabla seating and floor space is designated as a 'non - smoking• area. 0wnar or manager of Any meeting or conference room may designate the entire area as a smoking or non - smoking• area, Entertainment Fecfllt/es Museums fallerfes publicly or privately owned museums, ga er es, t eatres, auditarTums, or other enclosed facilities used for entertainment purposes, except in those areas commonly known as the lobby and in areas not open to the public. Restroams . public and private restrooms open to the public. Service Lines - indoor service lines In which �mnre than one person at a t ma s g r ng or receiving services of any kind. Eat!! Eltabllshments - publicly or privately owned coffee slops, ca eter as, s ort n4er cafes, luncheonettes, sandwich shops, soda fountains, restaurants, or other eating establishments serving which food which has d capeetty of 50 or more persons, excluding all bar areas. ills provision shall not apply to any establishment maintaining a contfguous non - smoking area of not less than 40 percent (401) of both the seating capacity and the floor space in which customers are being served, excluding bar areas or outside areas. In addition, this provi:ion shall not apply "to - areas not open to the public into any roam which is being used for a Private function. Poliin Places - indoor polling places al ono election. far any local, county, state, or re Cobbles Rece Lion Areas - indoor lobbies, nKeptfon, and /or office areas O pen o the PuD c. This provision shall not apply to any designated Nmaking ^rmftted) areas. 3 I Smoking Ordinancu, Page 2 Provisions Retail Fad Markette�Establlshmsnts - indoor,ratall food marketing esUblishwnts, exuptn araas not open U the putlic. - aers 5 re - indoor retail stores in areas open to the public: This prov - in s 1 not apPly.do_designs,ted (smoking permitted) areas. Financial Institutions -banks and other financial institutions io areas open to t e pu c. his provision shall not apply to designated fSookin DermitUd) areas. g Public guildinls - public buildings and structures in areas open to the Public. Posting of Sione The ordinance requires conspicuous signs edntaining all capital letters not less than one inch in height, an a contrasting background, to be posted which contain At minimum the words (smoking prohtbited). These signs must De potted 1n all areas where smoking is prohibited likewise, in those cress when smoking is Permitted conspicuous signs which contain at ■intmue the words (smoking Fermittedf must be posted. ;t Ex ions The ordinance Provides for an exemption process whereby an individual may apply 6 to the C1ty Manager for an exemption or modification to any provision of the ordinance duo to unusual eircuutsneos or conditions, After a public hearing the City Manager shall render his decision, which may be appealed to the City Council, Penalties Violation Of the smoking ordinance shall be an infraction and penalties may be imposed as follows: First offense $100 Second offense 1200 Third offense or more 1500. 44-% K. ORMANCR N0. aH AN 0EDIEL81s 07_9R_CITY Calla L Ol 29i Olin of EANQO TRx EAa71m W�GtW� 4DOft1D QARQ 8.20 To SIII.E i or "n, 2E8 CITT or 8AN R0 CUMM A 8800LATM sMVIW 010 CUWp80a follwat The �� Council of the City et Rancho Qtuaooga does hereby ordalo as SrCTrON 1: Charter 8.20 hereby is added to Title a of the Land, Cbcsaonp Nenicipal Coda to read in cords and t !guru as follwq •Chaptar 8,20 e RACULATID O8 r8CE1EIT2D i 'See. 3.20.010 �!e_ y�e 11 or any eothe� een4c orfiada that rb■ seoklag of tobeteo, health, and a sate plant, !a a positive danger to discomfort mad heal cisl to thong. Inconvenience, eos!laed s hraM to those who are present is sale p�w. mad 1n order to prasatve public health, ndwelfar•. the declared purpose of this maptar v i■ to re smoking of tobacco 1, plant. within the City of rancho Cacemoa . my weed or i■. + •her. 8.20.020 Gtla;tim�, f *All words ae1 ph --yys cmt&Lud in thin C6 shall have ascribed to than their spree 8.20 mesaings erupting only eke sea . common ereq day seen the combustion of smoking . which shall similar article. of the � cigar. cigarette. or say other aaukin combustion within any pips or i dsHu, of combustible subarsmu. my fore of tobacco or other •Sac20_10 °lt°kfa■ lrortibited - El■vatort •Saokle8 18 prohibited and is ualwful within alevatarm in buildings geearslly used t7 tad open to the public, including elevators !e otby hot■1, and multi - family buildings. i . islub b2.-Z.- Page 2 L "Sac. 1.20.010 An2kipm Prohibited_- Hospitals, Health Care "s CM Crre Hacil tee. 4. Smoking is prohibited and is unlwful in public are" of health care facilities sad hospitals, as defined if the California Health sad Safety Coda, includina Waiting Wooer, public ballvays, and lobbies. "b. Every publicly or privately wend health east facility, including hospitals, @hall sake a re"onable effort to deterziae preference and to "Miss patience placed in rouse to be occupied by two (2) or zero patients according to the patient's individual nonvaoktag or smoking preference. "c. In rams and arses occupied by patients, smoking sball be Prohibited for hospital staff, visitors sad the general Public. Signs readiag3 w9TAHH AND VISITOR SMEM 1109I31TRD' shall be conspicuously ponied in such areas. Rd. Smoking is prohibited and is unlawful in public are" of child can facilities. "Sec. 8 20.050 Smoking Prohibited - !Matins asd Conferanca Roams. "LCcapt as hereinafter provided, or " provided in California Health and Safety code Section 25911 or its successor previsions, smoking is prohibited and is Unlawful in enclosed bserfag rooms. cmntarsmcf rooms. chambers, and all other enclosed places of public assembly upless a minima• of forty percent (402) of the available aaating "d floor space is deeiasated as a lnoa aoking' area. Notwithstanding the foregoing prwisiose, the dsnor er manager of Garb asetiea and/or conference rows may designate the entire at" ex a 'smoking' or 'now- smoking' arse. "96c. 1.20.060 Saekinf Prohibited — Entertainment Haellities. "s. Pscapt as provided in California Health and Safety Code Srition 25943. or its successor provisions, smoking is prohibited and is calwful in wary publicly a- privately owned museum, gallery, theater, auditorium, or other "closed facility, the Primary Purpose of which is to provide, patmit or aotb:..-tte "tertaisment of am nature, and/or which IF open to the public for the primary purpose of .abibitiul any form of see or motion picture. stage drawn, rusical recital, or may other performance or .went, in all arose except that area commonly known DL -3 Ordinance ?.o. ... Page 3 as the lobby, and in are" not open to the public. Zvety owner and /or manager of such theater, auditorium. or other enclosed entertainment facility as described herein, shall post gig" conspicuously In the entrance area stating that aaokiny is prohibited within the theater, auditorium, or facility, and in the came of notion picture theater.. such information shall be shoos upon the acraan for at lout five seccuds before showing action pictures. "See. 8.20.070 Smoking Prohibited - Public Cast'roaes, 'Saoki,S is Prohibited and is unlawful in public restronee and Private restroomm open to the public. -Sac- 8.20.080 Saek.lnz prohibited - Z,deor Santee Lfnes, 'SaokinS to prohibited and to unlawful in indoor service lines in which more - than one person at a time is giving or receiving services of ay kind. 'Jac. 8.20.090 aeoklaj_ prohibited -Canna Gcablisb_ manta. °Saoklug is prohibited and is unlawful is every Publicly or privately awned coffee shop, cafeteria, short -order cafg iunchsonatts, sandwich shop, soda fountain, resta&rc,q or other &.,ring sstabliabwnt serving food which has an encloses upaciti of fifty or more persons. excluding from that calculation of capacity ay Portion cf such facility which is utilized exclnaively for bar putPomest Provided, however, this prohibition shall not apply to any oath estsblisbmeut saintaiminS a eoatiguous no sokiaS area of not leas than forty pansnt (402) of both the casting capacity and the fluor space in which e,aeoaen are being served, excluding from said calculations any portion of ► -Ach facility which is located outdoors and any portion of such facility which is utilized exclusively for bar purpowe! further provided. howsser, that this prohibition shall not apply to •rem not open to the public and to any room which is being used for a private function, but only while such roam is used for such private function. Upon ragesst, patrons shall be seated in a nonsmoking arm if available. °Sae. 8.20.100 SaokiaS Probibited - Polliet pi coo. ' ki Smong is prohibited and is unlwful in every !,door polling place for ay Iced, county, state or national election, or other casting of votes, when such Polling place is open for voting porpoass. D 2 -y- urainance No. ••• Pans 4 "Sds. 8.20'.110 Snokin Prehlbit•d - Sadoer OFFie• sad Lob =. Banking " is prohibited sad pis iaalwtaa this Chapter, bbie, is &&V a" otflee eras iO all indoor any a. 'lya provisions of this seethes °PaO to the any area chick the owner o aaaa hall not apply to 'aokict Peretttedf are Such gar has deeesignated as a uy by the posting of conspicuous dins reading; ssiy be Pearlccsd, , is the sine P ding gibed in Section 8.20.160. and an the background yaeslbed to "Sec. 2.20.120 aokin preblblt•d - LstaAl!•ha•nes. 8etail good tyetoting retail lsoakidnutibtpraklbiud and :s unlawful in all indoor Public. open to the dug utablisheenu. except is arses not "Sec. 8.20.130 �sidne Pmhlbited - R•u!1 Seena, wokia If as othsmiw provided is this Prohibited and is unlwtal I. all indoorChretsil this O, is •tees open to rho public. lye provisions of this ssetlon shall not apply to sap area which the os of Sr edesignation designated as a 0seolti08 pealttNr arse. Such dui grail one conspicuous signs rudin ,y be each by the posting of ud on the background ys0t Peralttede, is the site described to Section 8.20,160. "Sue. 8.20 140 Seakina Preblblted Plwaelal Iaatitntloeu �ia°kn and Oth.r seekln�caPt aibir ds ud isrovayd in this Chapto, other finanetaL institutions !s ""s fepa i� ebanlu end The which provisions of tkia son Of shall not ePply to a public Remitted, osaar or aa"B"r has designated as a Iaaokins arse. Such designation shall only be ray by Peoltteds is the Bit* on the background rrudlde �5eokln Section 8.20.160. i Quad yaeribed !n "See. 8.20.130 �efln Prehlbited - 5tructur••. Publle Dai1dln •red state*Joe. ss�sobly trio Provided in aria Chapter oz by nolonfo, all public buildings and structures insat&" open totbLu public. the 451 32.5 Orditance''7 "See. 8,10.160 postine o_ _ e uirad, •[acapt as otherwise provided herein. w this Chapter snohlns to Prohibited, conspicuous Sane !a acal"ata[ all capital letters not loss t ,lgns height cad containing an one inch in the words (eonaisting Of r ,the tatetaatlonalt '1(0 Snv4ing• �S0�0g plctorlul repreaentatioa of a bum,l n cigarette eacloead !a a red circle with a red bar aerosol rt) on a ctatrsating bdekgsound, shall M Posted. it !, the duty of the °weer, operator, eaeapr. or other Passau, where[ central Of such roe. women seeking La i"61Mred. tow'+Sldlo ash or other plan, each sips to be posted. Ps or cause •tat. 9.30,10 Structural Madiflatlom Not "a. Nothing In this cbaPter shall r operator. or sampr of q°Ir• the owucr. health care facility, or say theater. auditorium. ,tractor.. or business. to Incur bull ding. facility. structural or other �' apsnse to ask, 'ea or workplaces ph7aital so say to say shoe the Nothing g in this ,action shall relieve say porsoa Chapter. °y to post sign' as required by chi, "-'so- � 8.20.180 afttionO. eAa1 o'nar or camp: of h business or other citabllahuac ,ubjett to this Chapter may apply to the Cdy MMMr or his dasipse for an esrption or modification circumstances to ay Provision of this Chapter due to before rewtoseas or toaditiau,, after which a hearing to¢duetad. Manager or the iq� ,iShgeahe ,hell S da,ign,a shall M sisal unless h pr or his aerea (7) calendar f appealed !a writing within within a) days to the city CQtncil which shall. enable tleas schedule a public hearing. "a. Such srm"ptlon awl be granted only if the City Na¢apr or designee finds from the hwidenca presented that. due to unusual circuaKeatea, the failure to comply with the provisions for which the =@Option 1, roquhaad rill not result in a danger to health or annoyance- inconvenience. or discomfort to attacking saber+ of the public. "b• the applicant for an azwsptlon shall pap the sea of pity Dollars (950.00) to covet ImWISAtion and administrative data to be Incurred. Page 6 'Sae. @.20.190 /sealtiu. 04. it shall be unlawful to tail to on the s thethee effective thdat �herreef• or o willlfully days W daatrop.aq signs relcirW by this ampternutilat "b. It shall be nglawfvl as a aonngetiss area. ce goals oba in aq at" posted or colitto ss Eel far &W person, fin, partnership ar coo Diet -aq et the re M Provision or to tail to Any Mrsea; ' tin, elairngato of this Chapter, vicia3as soy provision of this Mo taro corporation cngPly with say of its a ai f or falling to gouty of an infraction real . raingts shall be deed stall be posishsbla as t uPsa CeO9ietiw ehes40t ollawst "1. A Elm not esa4edin8 ens hawted dolls., for a first viatacingt 02. A tine sot sxeedias two h®dred dollars (0200.00) tar a sncngd viciaticn of the acne Ordimace within one (1) year; 07. A tine not dzc4edlns fire hundred dollars ($500.00) for each additicyl vlalaem at the nano Ordinance within one (1) year. "Lath such parson. tin. Fsrtmrship, or corporation b• eased snilty of a ssparste ottease for 40oh sad Very day or ay, portion th srao! darin= which any of any of the grovlsloaa of this chapter is d, conciungd or Pdesittad by such person. fire. POrteenhlP, or Corporation sad shall be domed poaishable therator as provided in this Chapter. °Bee. 8.20.200 Civil 1406,1140 Available. s 0'!ie violating of aq Of the provisions of thin tMgtter shall onsntltats a cuiasace and any be shared by ores. pre1 civil process by swans of rutrslalcs ordure Provided by or permanent injunction or in say other nuisances. 180 for the abatement of sa:h m 3 a2 -� t-±YCt+ �Gediu t `x�V.`- {I•?�I�'a "les.20.230 + lorenbil!•=, -r ` � ?` .t1w Cit ,,. CG OCii of the • h P. b °t.�J "declares that;,- abOYl4,, .4W Of �aat�M Qlpagy ., •`4 Cteeaea°. rsrd , of pt of this 0eteroot.� pe 'A,. soy rrsean toibi� Aldo hereby ado. �.-dE�and`for laiiilld,.it is'tha that it could 6aro' Sateet at thia:coaac l f+swd all other` -ir tuyur ladeoaadeaI r of the ellalnail� 4etwefroafoltAL rueh Dostloa a aiy' ba declared laralld," MAY sE(�T10N 2, =he Majer Eh�l Ella this Ord r Shall uuse the ^ere to h"�;ublishad withia fitter 13) days and the City at lwet Dace !n 0811 l ) dqs alter Its 4esb io the Ciq o! Oou a °Moe aweNNr of prtai circulaeloa Published CLesaoap. puilotnla.• Cll o . and circulated Lo the City of Raochn x-54 SMIRM �z -� 't s ON C k t Coaeargson of Seokira Reaulations Draft Coneuoitp B.B. Cocaty Ordinance Survey, Coalition 74.5% — No Seeking ' ELEVATORS No Smoking 3.6% - Designated Areas No Smoking 8.7Z - No Cbangaa H06PITAL3 CHILD HEALTHCARE No Seeking Not Addressed No Smoking 7UTIRG /00Q. Ninimiu 402 35.2% -No Smoking 40+ Capacity Room f non- smoking 20.52 - Designated Areas No Smoking J. area 11.32 -No Changes non - seeking • lIIITZMD No smoking 39.OZ••No Seeking . FACILITIES accept in lobbies 34.62- Designated Areas No Smoking 6 non- public areas 12.72 -Ho Changes " FOBLIC REST- Smoking only in 51.2%- No Smoking " R00lS No Smoking 13.92- Designated Areas No Sinking 10.32 -No Changan INDOOR SERVICE Smoking only in Lim No Smoking Not Addressed No Socking RATING 50+ Capacity 29.12 -No Smoking 40+ Capacity ESTABLISMUNTS Ninieaw 40Z non- 46.5 % - Designated Areas Minimum 50% smoking area 11.7% -No Changes non - seeking POLLING PLACES 56.72 -No Smoking No Smoking 16.92- Designated Areas No Snaking 12.32 -No Changes INDOOR OPFIC97 Smoking only in 34.52 -No Snaking LOBBIES designated areas 32.SZ- Designated Areas Not Addressed 17.72 -No Changes RETAIL FOOD Smoking only in STORES non - public areas Not Addressed No Smoking RETAIL STORES Sookiug only in 57.5 % -No Smoking designated areas 14.8 % - Designated Area@ No Smoking 13.82 -No Changes BANES Smoking only io designated areas Not Addressed Not Addressed +55 Ordimoeq Survey Coalition _ MOLIC ZVXLD- Smoking only in 39.52 -No Sucking 1721 mu- public arees 34.42- Desigmted Areas No Smoking 11.82 -No Changes RAgS 10.92 -No Smoking Not Addreaced 34.12- Desigmted Areas Not Addressed 36.82 -No Changes g0SSN8 CABS 57.72 -No Smoking Not Addressed 12.32- Dosigmted Areas Not Addressed 14.92 -No Changes 7st Not Addressed 10.72- Damigmtad Areas Not Addressed 5° 8.32 -No Chaagas .y a r i� a r 1 DRAFT - - - - - - - - - _ - '- iy INTERZH SHOEING REPORT FROM THE RANCHO l'UCAMONGA RESIDENT CITY -WIDE SURVEY , PREPARED.BY THE SOCIAL DATA'CENTER AT CALIFORNIA STATE POLYTECHNIC LrgIVERSIT,.,- YOMONA DEPARTMENT OP BEHAVIORAL SCIENCES FOR THE CITY OF RANCHO:CUCAMONGA city council i Dennis L. Stout, Mayor Pamela J. Wright, Mayor Pro Tom 4' Deborah Brown, Councilmember Charles J. Buquet II, Councilmember ,,. Jeffery King, Councilmember City Staff 5 Lauren M. Wasserman, City Manager b Mark Lorimer, Sr. Administrative Analyst Spring 1966 Social Data Center 4 s'7 n t7 r,• pp PD1POS2 Provide tthse city with Rancho an Understanding Resident the residents 8 concerns and wishes, +p' The survey consisted of open and cloud ended questions that measured attitudes and opinions in a number of areas, Than arses were airy >, maintenance, crime prevention, recreational facilities, no smoking ordinances, and traffic control. These survey questions were x, specifically designed to 'measure the future maintenance of the city of Rancho Cucamonga. development and the r Tie QVIATIONEAIRE iThe construction of the questionnaire began in the summer of 1987 under the direction of Dr. Wayne C. Brown, director of the Social Data center at cal poly Pomona. Several meetings were held with lour subcommittees which were formed to determine the issues that should be included in the questionnaire. The four areas were: General Services, Public Safety, cultural Arts, and the No Smoking Subcommittee. With the help of Dr. Joseph Leon, Behavioral Sciences Department, Cal Poly, Pomona, Dr. Brown synthesized the information from the four subcommittees and constructed the questionnaire. The survey was pre - tested in the fall of 1987 by Dr. Wayne Wooden'a Sociology 410 (Class, Status, and Fewer) claps given In the Behavioral Sciences Department at Cal Poly, Pomona. To pre -test the survey, the students conducted approximately forty door to door interviews of Rancho Cucamonga residents. This pre -tast led to a number of changes in the questionnaire. SANPLE DESCRIPTION The survey population consisted of residences in the city of Rancho Cucamonga. In order to gather a representative sanplo, respondent households were selected from a list of approximately 26,400 residence:, which was provided by the city, in December of 1987. Stratified systematic sampling techniques ware used to select representative residences from Cucamonga, Alta Loma, and Etivandd, areas of Rancho Cucamonga. Using a random start, one of every twelve addresses was chosen. of the 2,385 questionnaires that were mailed, 145 were returned due to nonexistent addresses. In addition, of the 2385 questionnaires mailed, 797 were returned. This represents a 33.41 return rata (35.6% if the 145 nonexistent addresses are exc;,•^ed). A return rate above 30% is generally considered amazingecon ith m i the questionnaires. A 33.4% return rate addition, a number of sample checkksseweren made etosdeterpmins ifnthere +5S =eI r was any evidance of bias in the sample. The sample arpears to be highly representativN (unbiased). - QUASTIOVJMZR3 MAILINQ 3CEEDU'..E e Questionnaires were sailed to Rancho Cucamonga selected residences on JanuarJ 8, 1988. On March 25, 1983, A follow -up letter was sent to encourage additional 'residents in the sample to participate. All questionnaires included in the study were received by June, 188s. CODIXO As questionnaires were returned to Behavioral Scilhces Department, Cal Poly Pomona, students Lrom BHB 400 (Winter 198P), BHS 400 (Spring 1988), and SOC 433 (Spring 1988) coded the responses with the aid o computers. The Coding of the 797, 13 -page surveys took about four months. Coding began in February and continued through June, 1988. COMPUTZA COND{ITIEE *RITE -UP Data for this questionnaire was converted into machine readable codes. The analysis was made using SPSS -X, A computer program designed for social science research. Analysis utilized the frequency distribution and crosstabulation capabilities of the SPSS -X prograa to produce response distributions for each question on seen question. ACRNOSLEDOEND;NTB t 'UNCHU CUCAMONGA CITY CODNCIL3UEMO1R33 Mayor Dennis Stout Councilmember Deborah Brown Councilmember Jett King Council aember Pamela Wright CITY STAFFS Lauren M. Wasserman, City Manager Mark Lorimer, Sr. Administrative Analyst CALIFORNIA STAT3 POLYTECHNIC UNIVERSITY POMONA PROFESOORBt Dr. Wayne C. Brown Pr. Joseph J. Leon sr. Wayne Wooden Dr. Nancy J. Harkey 20CIOLOaY a» SURVEY 9E82ARC8 CLASS SPRING 1928 Suzanne Anderson Jack Ruramoto David Armstrong nan Moore Lisa Ball Rues Spittler Lori Holtz Cesar Valencia Robert Kruk Eric Yelsa BEHAVIORAL SCIENCR 400 SPECIAL TOPICS FALL 1987 Cindy Alonzo Janette Seright Dan Moore Hen Smith Kris Reiser Steve Sproule Derek Scott am I "G COIOIZlYBf iLODBRBt Bob Rizzo,' - Brad Bullar, -; -Jim past Asst. City Manager City Plenner` Hart, Director'of Finance Russ McGuire, City Engiiaer - Jim Martin, Dire of Building Safety Duane Baker, wdminiatrative Assistant Paula Pachon, Adainistrative Assistant Gene Gilmore, L. Dennis Michael, Capt. Sheriftfs Dept. R.C. Stntlon Capt. Foothill Piro District Bob Corcoran, :ire chief Clyde Boyd, Catharine Bridge, Public Safety commissioner Public at Larqu Bill Holley, Public at'`Large Jeri Kerney, Public at Laras Sally Riehn, Public at Large Marjorie Stamm, Public at urge Diane Williams, Public at larva , 20CIOLOaY a» SURVEY 9E82ARC8 CLASS SPRING 1928 Suzanne Anderson Jack Ruramoto David Armstrong nan Moore Lisa Ball Rues Spittler Lori Holtz Cesar Valencia Robert Kruk Eric Yelsa BEHAVIORAL SCIENCR 400 SPECIAL TOPICS FALL 1987 Cindy Alonzo Janette Seright Dan Moore Hen Smith Kris Reiser Steve Sproule Derek Scott am I "G s. 4 (0' /OC20L0DT��10'CLX/ /i°BT /T_C /, AND POWXR .. -{�•�:�_j TALL 1!/1 "`C,• a' Kalli Ades, 1 cinthya dula Karen MCCarent 'Juli0,oalhaffan Barton Barbara ato Barba re Vivian, illips =Albart•quintanar Teri rare Bernaditta Robinson'` tebrara Celeste Calivey David Cardenas Debra`SChWeiner ` Brenda Enriquez Jennifer-:Sharpe Sonia Flores Charles Skiffer Donna Hall- McPherson Benjami Benjamin smith Rally Ta Cathy Ingram Ingram Samuel Taylor Robert Kruk Cesar Valencia Mar Maldonado Donald Vargo Michele Miehela Marahman Monica Vargo victoria Magner 4 (0' This section analyse the "NO Booking ordinance" Questionnaire Data::.- ` The purpose of this set of quetions was to determine people Soking attitude toward the possibility and /or the extent of a No Booking .� ordinance. in addition, "diverse" environments (i.e. items A - N)_wdre included to see if respondent's attitudes were' - consistent under a variety of conditions. The actual questions follow: ------------ — -------- -- --------- -•. --------------------- - -- - -` 24. Please indicate tour views all what type of NO BNORINO ORDINANCE (if ant) should be ooasiderad by the city. Ito Smoking Designated No New Allowed Areas only Rest&,, .ions A. Bares B. 8115849 /Cabs C. Elevators --------- ---- -> D. Enclosed Work Areas - - - »> ` ; C ; [ 7 0 E. Entertainment Facilities > v P. Lobbies ---- -- -- - -- --- -- > a 0. Office Buildings --- - - - - -> [ ) [ ] [ 1 H. Polling Places L. Public Buildings J. Public Resrcooms --- - --- -> ( 1 j,= R. Restaurants ------- - - - - -> ( ] C ] L. Retail Stores -------- __ -> H. Schools ------- .-- »- _---_> Other, Please Specify - - -> [ ] I I I ] 29. Are you a smoker of tobacco (cigarettes, cigara, pipe)? ] Yes [ ] No Unfortunately, "Designated Areas only" in elevators and cabs may be difficult to envision (amoxing and non - smoking elevators?). Similarly, some of the areas surveyed are already covered by "No smoking" laws. However, we hope our quest for a broad range of environmental areas as well as simplicity and uniformity have not caused any undue confusion. +(o2 i THE FINDINGS The coking in finding any environmentallareas support for an ordinanes controlling Looking at the data, apart from any statistical breakdowns (e.g. smoker vs, non - smoker), table 1 below shows a simple ranking of the areas in order of agreement with ONO Smoking At 1111•. (Sea Appendix A for raw frequencies; see Table 2 for graphic presentation) Table 1 Rank order of Areas by Percent of Respondents Agreeing with Total Seeking man (Nm797) CATEGORY: Agreement with Smoking Not Allowed A. Bars 10.0 From table one, it seems clear that over half the respondents feel that smoking should not be allowed at all in elevatora, schools, busses/ cabs, retail stores, polling places, enclosed work areas, and public restrooms. In addition, more than 25t of all respondents do not all entertainment allowed fa ilities, lobbies office buildings, orrestauants. Table 2 contains information similar to table 1 in "stack graphic form, and in (reverse) alphabetical order b y arse. T ed solid bars, ed bare indicate the percent who agreed that ONo Smoking At A11O should 4(o-:5 t C. Elevators 74.5 N. schools 68.1 B. Busses/ Cabs 57.7 L. Retail stores 57.5 H. Polling Places 56.7 D. Eno. Work areas 55.2 J. Public Restrocas 51.2 I. Pub. Duildings 39.5 E. Entertain 7aci1. 39.o F. Lobbies 74.5 G. Otfioe D149e. 32,5 R. Restaurants 29,1 A. Bars 10.0 From table one, it seems clear that over half the respondents feel that smoking should not be allowed at all in elevatora, schools, busses/ cabs, retail stores, polling places, enclosed work areas, and public restrooms. In addition, more than 25t of all respondents do not all entertainment allowed fa ilities, lobbies office buildings, orrestauants. Table 2 contains information similar to table 1 in "stack graphic form, and in (reverse) alphabetical order b y arse. T ed solid bars, ed bare indicate the percent who agreed that ONo Smoking At A11O should 4(o-:5 TABU 2 Schools �! Retail Stores r Restaurants Pub. Restrooas Pub. BUYS Polling Places AREA Office Bldgs Lobbies Entertain Fac. mmEmmmmmm Enc. Rork Areas Elevators Busses /Cabs Bars _ - t t 0 iR 28 39 40 $9 68 78 80 PERCENT OF SAMPLE ■ No SMoking Alloyed ® Designated Areas Onlg x ^SEA TABLE~ 3 PERCENT OF SAMPLE 46- ■ No Smoking Allowed ® Designated Areas Only TABLE 4 Schools Retail Stores Restaurants mm Pub. Restroohs Pub. Bldgs NmmwmU= Polling Places AREA Office Bldgs Lobbies ImmmmammBEHmmmmmmmm Entertain Pac. Eno. Rork Areas Elevators VNIMMUNKM Busses /Cabs Barse 19 20 30 49 58 to 78 8B PERCENT OF SAMPLE ■ No Smking Alloyed ® Designated Areas Only be allowed in a given area, The lighter bars represent the additioritel ;�, respondents who felt" that• smoking hould be allowed onli64jl '• "designated areas": Cumulatively, the total bar represents all,tho2s-- respondents who, felt, that at least some smoking apply. restrictions ihould Clearly ever- 604 of all respondents feel that some sort of restrictions should apply in every area except BARS. Thera, slightly more than 404 agreed that restrictions should apply. Of several control variables checked, (e.g. Age, Sax, Smoker /Non- smoker, Education, Occupation, Income) the greatest differences of opinion occurred between Smokers versus Non Smokers. When statistical controls for smoker vs non - smoker are imposed upon these data, interesting patterns emerge. Tables 7 and 4 control for smoker (20.44 of the sample) versus non smoker (68.9% of the sample). The tyo tables are identical to table 2 except smokers (table 2) and non smokorn (table 3) have been tabulated separately and placed in their own table respectively. R3is solid bars (No Smoking At A,11) show a very similar pattern for smokers vs non smokers. However, the percent of smokers who agree with "No Smoking. At All" is significantly and consistently lower than the non smokers in ever/ area surveyed, For instance, if we take two politically volatile areas (table S), "restaurants" and "enclosed work areas ", we find distinct disagreement. The "+ Designated Area" category combines those who agree with "No Smoking At A11" with those who agree with "Designated Areas only" for smoking. Table 6 Percent of Smokers and Non smokers Who Agree With Smoking Restrictions for Restaurants and Snolosed Work arias AREA: Enc. Work Areas Restau- rants "No Smoking At All" (Percent Agree) --------------------- Smokern Non - Smokers 32.1% 72.64 8.2% 40.6% "+ Designated Areas" (Percent Agree) Smokers 70.64 67.74 44o-7 Non - Smokers 91.74 92.0% dXn both environmental &roan ifference between smokers and non smokers 0in agreement with the Smoking At All" category and over a 20 percentage point difference for the "NO Smoking At All" + "Designated Area OnYp" combined categories. Tables 6 and 7 show the percent of smokers and non smokers who agree with smoking restrictions. Table 6 demonstrates agreement on "No Smoking At All" by area and table 7 shows agreement on "Any Restriction" by area. From table 6, over SOY of the reapomlents in the sample agree that there should be "No Smoking At All" in Zzhcols, Retail Stores, Public Restroome, Polling Places, Enclosed Work Areas, Elevators, and Busses /Cabs. Table 7 indicates that over 65% of the respondents in the sample agree with either "No Smoking At Ali" or, in "Designated Areas only" for every environmental area except Bara. Tables a through 13 further dosonstrate the differences between smokers and non smokers graphically for each environmental area. Yables a, 9, and 10 shoe the differences In smoker versus non - smoker agreement with "NO Smoking At All ". Tables 11, 12, and 13 parallel agreement with and the 10 Combined� categories No Smoking At eAlls and "Designated Areas only ". This cumulative, combined category represents individuals who vent at least some smoking controls. Table 0 shows places the smokers and non smokes side by aide for each area. The difference in length of the bas graphically represent the percentage difference in agreement between smokers and non smokers. Table 9 charts the actual percentage differences between smokers and non smokers found in table a. Tha longer bars indicate the most disagreement. Table 10 uses z scores to show the differences more dramatically. Percentage differences are plotted using the average percentage disagreement as a reference point. Bars to the left of the middle indicate "below average" disagreement. Bars to the right of the middle indicate "above average disagreement". Tables 11, 12, and 13 are identical to tables 6, 9, apd 10 respectively except they contain respondents in agreement with either "No Smoking Allowed" or "Designated Areas Only ". From Table lo, there is above average disagreement about "No Smoking At All" ins Restaurants, Public Restroome, Office Buildings, Lobbies, Entertainment Facilities, Enclosed Work Areas, and Busses /Cabs. From Table 13, there is above average disagreement about "Any Smoking Restrictions" ins Retail Stores, Public Restrooms, Lobbies, Busses /Cabs, and Bars. In sum, the data demonstrate a tremendous amount o1 support for smoking in "Designated Areas only" in every environmental area. i THLE 6 SNXEP, + Z HON SMOKER AGREEIHd, 10 'HO SMOKING I 10;0015 Ip, Retail stores Restaurants Pub. Restrooxs Pub. Bugs, A P I1' PI o tng aces E Office Bldgs, SMOKER Lobbies BI MOM SMOKER Entertain. Fie. Inc. Mork Areas Elevators Busses /Cabs Bars 0 10 28 30 40 58 68 70 80 PERCENT OF (TOTAL It:797) SAMPLE W-Wz 0. TABU 7 ---------- — SKM WN SMOKER AGREEING 10 MANV RUTIMION" BY AM Schools IIM Retail Stores Restaurants Pub. Restrcoks Pub, slags. A Polling places R Office Bligs. E EMEHEMMIMM E SNORER A Lobbies 111P MMID 01 NON SNOW Entertain.. Fac, iiIHMIMUM Eno. Mork Areas JIMHMEMM Elevatorsli! Buses/Cabs , Barso a 21 48 60 80 PERCENT OF (TOTAL N--797) SAMPLE .+')0 Schools Retail Stores hestaurants Pub, Restroows Pub, Bldgs" A Polling Places R Office Bldgs, E Lobbies Entertain, Fac, Enc, Rork Areas Elevators Busses /Cabs Bars 9 TABLE 8 ® MOM SHOI{ER ■ SMO110iR —�, 28 46 66 88 PERCENT OF SAMPLE 4 ? t 186 IMME, � •i.yY �. ,V. �,,` Y�t�i .�i,'��iYYw��'�+y'�"M:�iw'(= .il"' ;':• i ., .. �i n...r � .�����i;.�r. G,f�,.'QiL'a TABLE 9 Z DISACREEIM ON "NO SNORING AT AFL" BETNEEN SNORERS 6 H N Shom BY AREA (Average = 31.17..) Schools Retail Stores Restaurants Pub. RestrooNs Pub. Pldgs. BPolling Places IV E office Bldgs. A Lobbies Entertain. Fie. Inc. Ronk Areas Elevators Busses /Cabs Bars 6 16 26 3e 40 56 "Agree" "Disagree" V 4-22-- 1 TABLE 1e Z SCORES SHOWING AGREEMENT ON •NO SMOKING NON SMolm P -Y ARE Schools Retail Stcres Restaurants Pub. FL-strooms Pub, Bldgs. Polling Places Office Bldgs. Lobbies Entertain, Fac. Enc. Wort, Areas Elevators Busses /Cabs Bars -64 -Z -1.5 -1 -0.5 "Agree" ALL' EVE79 aI SMO1{ERS� F <4'73 0 8.5 1 115 "Disagree" 4 '?4 TABLE li SMOKER VS % NON SKO.WER AGFCEE tf� IA "ANY RE53RICiI�H° liY AREA Tools Retail $toMS miTmm Restaurants Pub. Restroovs mmmmEmmmm Pub. Bldgs. R Polling Places Office mI" E 31dgs, SKOBER A Lobbies ■ SMOKER W. Entertain. Fac, En.. Nork AMas MmImmummmmm Elevators Disses /Cats Q=Q!m v B ars I 8 28 40 68 88 188 PERCENT OF SAMPLE 4 '?4 1 f' TABLE 12 d V. DISAGREEMENT ON "AM'! RESTRICTION' BETNEEM SNORERS B NaY SMO!tERS BY AREA ,(Average 25.1'/,) Schools Retail Stores, j kestaurants i Pub. Restrook Pub. Bldgs, F Polling Places Office Bugs. Lobbies Entertain. Fac, Enc. Work Areas Elevators Busses /Cabs Bars 0 5 10 15 28 25 20 35 40 °Agree° "Disagree" 4�5 5 TABLE 13 Z SCORES SROWItf, AGREEMENT ON "ANY. RESTRICTION" BETWEEN SNORERS a SNOXW BY AREA s nc Entertain. Fac, Eno. Work Areas Elevators Busses /Cabs Bars -1 °Agree" 4 -7( "Disagree" Y w Support for •Ho Ssok! At ■ very strong sepec1a11g in Retail is a torts, more cr.atio, but is', places, Enclosed -No_k Areas, schools,toftsmaxjCabsso and Elevators, ooms, ols! THE DATA J ' In the frequency tables below (Appendix A), the No ANSWER category reflects those individuals who returned the questivnnairc „but `did not choose to answer the question. Eighty -five (e5) respondents returned completely blank questicnnairea. In general, the catagoly say be interpreted as No opINIDN. +-)'7 r .�I r� I APPENDIX A. 0024A NO /MOSTNO ORD. - -Bau VALUE IAE!IL NO SNORING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS NO ANSWER VALUE FREQUENCY PERCENT 1 80 10.0 2 272 24.1 3 293 26.8 8 152 19.1 TOTAL 797 100.0 p Q248 NO SMOXING ORD.-- sOssss /cAss 594 74.5 VALUE LABEL VALUE FREQUENCY PERCENT x' 69 8.7 8 NO SMOKING ALLOWED 1 460 57.7 IN DESIGNATED AREAS 2 98 12.3 NO NEW RESTRICTIONS 1 119 14.9 NO ANSWER 8 120 15.1 TOTAL _- -797 100.0 Q24C NO SMOKING ORD.-- ELEVATORS VALUE LABEL NO SMOKING ALLURED IN DESIGNATED AREAS NO NEW RESTRICTIONS NO ANSWER VALUE FREQUENCY PERCENT 1 594 74.5 2 29 ).6 1 69 8.7 8 105 11.2 TOTAL 797 100.0 493 Q260 !ID INORIIn ORD.-- BNCLOBED IIORX ARn1B VALUE LABEL VALUE FREQUENCf' PERCENT NO SNORING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS 1 2 3 4 40 l' 163 90 55.2 20.3 11.7 NO ANSWER 8 101 -- 17.0 '^ TOTAL -797 100.0 024B NO IYOEIM ORD.-- INTIATAINKM lACILITIUB VALUI. LABEL VALUE PREQUEt1CY PERCENT NO SNORING ALLOWED 1 275 259 141 34.5 72.5 17.7 IN DESIGNATED AREAS 2 311 39.0 NO NEW RESTRICTIONS 3 276 34.6 101 12.7 NO OPINION 0 109 -- 13.7 TOTAL -797 100.0 Q24Y ~r NO BNORINO ORD.-- LODBIEB VALUE LABEL VALUE FREQUENCY PERCENT NO SNORING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS 1 2 3 275 259 141 34.5 72.5 17.7 NO ANSWER 8 122 15.3 TOTAL 797 100.0 499 MI Q240 No NJ'OKING OED.- -O"ZCX BUILDINGS VALUE LABEL VALUE FREQUENCY PERCENT NO SMOKING ALLOWED' IN DESIGNATED AREAS NO NEW RESTRICTIONS 1 959 2 721 O 101 12.5 40.2 12.9 NO ANSWER 8 114 14.1 TOTAL 797 100.0 Q24M 80 SHOEING OED. -- POLLING PLACIS VALUE LABEL VALUE FREQUENCY PERCENT NO SMOKING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS 1 452 2 135 7 98 56.7 16.9 12.7 NO ANSWER 8 112 ~797 24.1 TOTAL 100.0 Q24I NO SX0EINQ ORD.-- PUBLIC BUILDINGS VALUE LABEL VALUE FREQUENCY PERCENT NO SMOKING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS 1 715 2 274 1 94 19.5 14.4 11.8 NO ANSWER 8 114 - ' 14.O -_ ° -- TOTAL 797 100.0 w ■ 'I E� Q24J NO SWOUNO ORD.-- PUSLIC RISTROONS VALUE LABEL VALUE FREQUZNCY PERCENT NO SNOZING ALLOWED 1 408 51.2 IN DESIGNATED AREAS 2 127 15.9 NO NEW RESTRICTIONS 3 146 18.3 NO ANSWER 3 116 - --- 14.6 TOTAL - -- 797 - --- --- 100.0 Q24I NO MWXnW ORD.-- RIBTAVRABT/ VALUE LABEL VALUE FREQUENCY PERCENT NO SHOEING ALLOWED 1 232 29.1 IN DESIGNATED AREAS 2 371 46.5 NO NEW RESTRICTIONS 3 93 11.7 NO ANSWER 8 101 X797 12.7 TOTAL 100.0 Q24L NO SNOIINO ORD.-- 2ZTAIL STORES VALUE LABEL NO SHOEING ALLOWED IN DESIGNATED AREAS NO NEW RESTRICTIONS NO ANSWER VALUE FREQUENCY PERCENT 1 458 57.5 2 118 14.8 3 110 13.8 8 111 13.9 TOTAL 797 100.0 Q24H NO SMOKING ORD.-- SCHOOLS VALUE LABEL VASAE FREQUENCY PERCENT 461 A 1! NO SNORING ALLOM 1 517 68.1 IN DESIGNATED AREAS 2 BS 10.7 NO NEW RESTRICTIONS 1 66 8.1 NO ANSWER 8 101 _ 12.9 TOTAL 797 100.0 025A RHOKIR or SOIACCO VALVE LABEL VALUE FREQUENCY PERCENT YES 1 162 20.5 NO 2 519 68.9 NO ANSWER 8 85 10.7 ____ TOTAL M797 100.0 San Bernardino County Clean Indoor Air Coalition 351 N=h Mow"h v:ewA. SaEens5�0 PA,-. VI ( 74a 6240 DATE January 21, 1988 787— SI TO: Members of the BAncho Cucamonga Advisory Comission FROM: Burton W. Wiltke, Jr., Ph.D. The aasbers of the San larnardiro Clean Indoor Air Coalition met on January 25, 1918, to review the proposed smoking ordinance for the City of Rancho Cucamonga. The following points ware raised and discussed. The ordinance dome not address Smoking in Places of esplovmest. Smoking in the workplace affects sore individuals than all of the other areas covered by smoking ordioanesg. Over 9OZ of the ordinances pad in California have included soma protection from Passive amukfug in the workplace. The majority of corylsints to the voluntary health agencies reflect the frustration and concern If individuals who have to work In the presence of smoke eight hours a day. 14csat surveys such as one tmkem in Bev York City in 1986 have Indicated that 82% of those polled (including 69Z of the smokers) felt that it was appropriate to limit smoking in the workplace. Section 7 of the Model Ordinauca (sea attached) recommended by the Coalition dealt with the matter of smoking in the work- place and ve encourage you to include At in your ordinance. The ordinance does not restrict smokins in child car, facilities or Pharmacies. both childcare facilities and pharmacies were Included in the model ordinates. Children who are cap sad to smokiA3 have a measurably reduced airway function. Of all places Mara making should be banned, this is one of the most important. Pharmacies are health faciiltiea, even though they era not health -care facilities. Individuals vho patronize pharmacies for the purpose of obtaining medications are certainly anticled to do sc in a healthy environment. 3. Sac. 8.20.050 sllove smoking in meatieg and conference rooms. All such places used for public assembly should be 100% nonsmoking. Allowing 602 of tithe occupants to smoke Is not an ..t `S 3 CODA dSanMulukm Am# V _Nn«om W Righ15 Llrprtft2nt71tNPhddk/k11lG4 W Astov Zm AMMCAN tLUNGAMCI=GN v .,.- adequate protective se"urs for those who choose not to a"ka. Again. almoat without exception. the recent ordin -nus passed in California ban svoklag in canferan" rooms entirely. .r 6. Sec. 8.20.110 could allow Nmokins in an entire lobby. We suggest a prevision which would alai—ally establish SOX of the lobby to be designated nonsmohing. S. Sat. 8.20.I30 could allow smoking throughout • mull atom. Since it would be'impoesible to allow seeking In a portion of A retail store and still allow patrons to access all goods though not the store in a clean air anvironseet; It Is necessary to have the entire public area of the store be nonaaoking. If small business is the concern than we suggnt amsmokiag in all retail stores X500 square, feet and for stores 500 square Peat the senator or owner Pay daeignata with signs tSat evoking is or is not permitted in the store. 6. Sac 8.20.160 could alloy smoking throughout r Dank lobby. Sine the ordinance already deals with indoor wrvin lions which would include bank lobbies, it is inconsistent to allow Nanking in the public are" of the bank. Public areas of banks should be IOOX nonsmoking. 7. Sac 8.70.160 posting of signs. We suggest that you allow for use of the International "No Smoking" symbol " am option to the "Seating prohibited" sign. We appreciate the opportunity to have input on this ordinance and look forward to working together with your Commission and the City Council of Rancho Cucamnga on this important health issus. =I The following is a comparison of the smoking ordinances Of local city and county (including Beverly Pills) municipalities and the proposed supplemental smoking ordinance of Rancho Cucamonga. Cities a:.d counties included in this report must have a smok- ing ordinance which affects private workplaces, restaurants, or a substantial nuvaer of significant public places. Cities and Counties included: Beverly Hills, Fontana, Grand Terrace, Ontario, Redlands, Riverside, County of Riverside, County of San Bernardino. v SMOKING PROHIBITED IN: Elevators: r* - Fontana ''• -Grand Terrace - Ontario: If nonsmokers can not be otherwise accommodated, -Redlands smoking will be prohibited entirely. ' - Riverside - County of Riverside - County of San Bernardino Health Care /Child Care Facilities: - Fontana -Grand Terrace - Redlands - Riverside - County of Riverside - County of San Bernardino Hearing /Meeting Rooms: - Fontana -Grand Terrace - Ontario: It nonsmokers can not be otherwiso accommodated, - Redlands smoking will be prohibited entirely. - Riverside - County of Riverside - County of San Bernardino 4%6 1 - Beverly Hills: 100% (except restaurants in hotels) - Pontana: 50% 40+ -Grand Terrace: 25% 50+ - Ontario: 25% 50+ - Redlands: 50► 40+ - Riverside: 25% 50+ - County of Riverside: 25% 50+ - County of San Bernardino: 50% 40+ Retail Food Marketing Establishments; - Beverly Hills -:Fontana - - Redlands - County of San Bernardino Retail Storea! - Beverly Hills -Fontana -Grand Terrace - Redlands - Riverside - County of Riverside - County of San Bernardino ME Entertainment Pacilitles /NUSeume /Gelleriea: -Fontana -Grand Terrace: theaters only - Ontario: theaters only - Redlands - Riverside: theater& only ' - County of Riverside: theaters only - County of San Bernardino it? Reatrooms: T -Fontana ;{ -Grand Terrace: vorkplace only - Ontario - Redlands J - Riversiue: vorkplace only - County Of Riversides vorkplace only - County of San Bernardino i Service Linea: - Pontana - Redlands - County of San Bernardino Eating Establishments: - Beverly Hills: 100% (except restaurants in hotels) - Pontana: 50% 40+ -Grand Terrace: 25% 50+ - Ontario: 25% 50+ - Redlands: 50► 40+ - Riverside: 25% 50+ - County of Riverside: 25% 50+ - County of San Bernardino: 50% 40+ Retail Food Marketing Establishments; - Beverly Hills -:Fontana - - Redlands - County of San Bernardino Retail Storea! - Beverly Hills -Fontana -Grand Terrace - Redlands - Riverside - County of Riverside - County of San Bernardino ME ` �"°-- t* r,�'��'j +:�:f"'4'"^'�s,'.a'F�: �- 4 °,`,..V •.• _o �Fii'."- :7cwZ =t'w A: CITY OF RANCHO CUCARiONGA STAFF REPORT DATE: August 17 "- 1988 TO: City Council and City Hanger FROM: Russell H. Maguire, City Engineer BY: William J. Silva, Deputy -City Engineer SUBJECT: CCATIONS FROM THE PUBLIC HATER PRESSURE WORTH OF At the City Council Meting of August 3, 1988 Mr. Emette Posey, 8326 Orchard Street, addressed the City Council regarding water pressure north of Banyan, and a fire which took place at 5615 Sapphire on July-26. 1960. The concern of Mr. Posey was that there were apparently difficulties in having adequate water available to fight the fire to which he was referring. The City Council directed staff to investigate the situation and report back to the City =ouncil. A report from the Foothill Fire Protection District which summarizes the specific fire incident in question, is aVached. City staff has wet with the representatives of the Cucamonga County Water District to discuss the concern expressed during the August 3, 1988 Council meeting. The Water District will be providing the C1tY with a response and comments regarding this issue. Their response will not be available until after the mailing of the normal agenda packet; therefore, will be transmitted to the City Council under separate documentation and presentation by the district at the City Council meeting. Respec s bmitted, Attachment r 0 ■ 1�0(a¢ul1 IFnz, PRa ECTION DIM= P O BOX 35. 6623 AMETHYST ST.. RANCHO CUCAMONGA 91201 (714) 937.2533 August 11, 1988 •Y Jack Lam, Assistant City Manager City of Rancho Cucamonga 9320 Baseline Road y, Rancho Cucamonga, CA 91730 Dear Jack: Per your request, 1 am forwarding you a memorandum from Division Chief Almand describing the firefighting tactics and evenso associated with the fire incident located at 5615 Sapphire on July 26, 1988. The incident generated a concern associated with water volume available during firefighting activities of which you are aware. Sil.ce this incident, the Water District has taken effective steps to resolve the water volume problem within this particular area. Tat responsiveness of the Agencies involved with tnis incident is once again indicative of the cooperation between each of our respective public agencies. Should you have further questions or require additional information, feel free to contact my office. Sincerely, increly, V L ea ni Michael rire chief LDM /vd enclosure y J FOOTHILL FIRE P2OTEMGH DISTRICT MEMORANDUM TO: L. Dennis Michael, Fire Chief PROM: Lloyd D. Almond, Division chief/Fire Marshal } SUBJECT: Incident #2727 5615 Sapphire - Water Pressure/volume Problems DATE: August 9, 1988 4 ` On Jul 26, 1988 at 0115 hours I responded Y , , to a reported structure fire at 5615 Sapphire. From the intersection of Rochester and Baseline I observed a largo volume of fir4 in the area of the reported incident. when our first due unit arrived on scene, the Captain reported a fully involved outbuilding This unit (E 171) laid in its own 4• water supply line from Vinmar and Sapphire, a lay of about 500 feet. This engine then attempted to supply water to two small handlines (see Figure A). This lay produced approximately 150 GPM to each hand.ine but left a residual at the engine of 20 psi, which is our districts minimum vtandard. In order to supply additionally needed and requested handlines, a second supply line was laid to E171 from the hydrant at Orchard and Sapphire (see Figure 8). This lay provided no additional water for firefighting. The engine that laid the second supply line (E172) then went back to the hydrant at Orchard and Sapphire and hooked directly to the hydrant and pumped into the supply line to C171 (see Figure C). This increased the pressure by 10 - 20 tal, but in the process E172 was at •0' on his residual gauge. This did allow E171 to supply one more lay, similar to the initial one, but only flowing 180 GPM, which is below the minimum standard required for this lay by approximately 70 GPM each or 140 GPM for both handlines. During the second stage of this process, I noted a problem was occurring with the water supply. I requested a representative from CCWD be notified of our problem and to come to our location to assist un At best recollection, within fifteen to twenty minutes the CCWD representative was on scene and had made some adjustments, which did assist our flow somewhat. The fire was contained to the items which were burning upon the arrival of our first due unit and was subsequently extinguished without injury to citizens or fire district ;ersonnel. J0 I 'Sa4 M. Incident *272 August 9, 1988 Fage Two Since that time, the Water District has been extremely cooperative and helpful in the determination of the source of the fire glaii problem. As of this date, it in my understanding that the problem has been corrected., and that we can -anticipate no further, problems of this nature in this area. M O Iz (D Lo ■ RCHAP 0 82SS .r. $ aF , CD D ST 07 tv (4n AT RCHAFi 0 8255 0 lJ LO 8307' A rA 49-)- s. W LO CHARD fm 8 2 ---] *8.307 .5,9 W 4-r A �q3 cc) o a . r�� CHARD fm 8 2 ---] *8.307 .5,9 W 4-r A �q3 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: Menders of ties City Council and City Manager FROM: Russell H. Maguire, City Engineer BT: William J. Silva, Deputy City Engineer SUBJECT: REPORT Ow MAIMTEMAM v COST FOR AIMDROW TREES meeting of August 3, 1199688,6 taffewastidirected+ to develop�A" Council wilimsurmarize the estimated oasts of imaintaieucalyptus iti g windrowssWht�ch are preserved with development, and maintaining windrows which are planted to re- establish windrows which are removed. In developing an estimate for the annual cost per tree to service and mafntain Eucalyptus windrows several considerations wertr addressed. All work necessary to preserve eaistiag windrows, including trimming, protection and irrigation, and an re- establishing new windrows will be the rcsponslbtliw of the develo ter prior to the City's aecepUnce for maintenance. All trees mould to maintained an a regular basis and scheduled for mUov servicing every three years to prune and shape for optimum growth and safety. The estimated cost per tree for this pro costs experienced by the City in recent y trfm ing contract rates, cost of requirements, and administration of a la windrow trees, the estimated average maintenance is $100 per tree. This establishment of a •public windrow easew to provide adequate right- of-way for working area for control of limbs dpprrppin, as well as windrm which arc rree- estabits' maintenance of full grown windrow olantim MV was based upon the historic . Based on the current tree dscap�en required. emaintenanc istrn district uwmal cost for windrow tree estimate is based upon the 7t' along all windrow plantings ccessibllity of equipment. and the tree trieaaing maintenance to windrows which are preserved ed. to provide for the ultimate 17.;1488„ " i 49S „5. wx•.• In a recent ` suDQtvislon approved for the Allairf iopany north of 1 Highland Boulavard.',"st of Etiwanda Avenue, "of e`y app'roxiYtey'570tfeeta windrows, wereapreservad',within' the' development. ` In_!additfon, xr S!e aDProxlmataly'.4.500yfaet;of = wtndrowi were "required,to be n- established with new plantings.; Tree In windrows'are typically'plantid at intervals 1: Of eight to, it" I feet. ?•lmarefore,;jthere'could be as'*mM ;as 12S,trees_ "length:: ?S; within a windrow 1,000'faat� th in' -the Allmark tract t",will be Ap7roximately a'totai• of:5.070' feet of windrows planting whi WWI II ` contain epproxiwately,, 630; trans'. . If these�treesewere, to be maintaine4 within a 'public'+windrow ,easement` the _ maintenance costvwould'be _ s.. approximately 3718;000 jper year., This particular subdiviston:-.Tract 12870, contains' 67 lots; therefore if these lots wore assessed ,tor windrow tree maintenance the assessment would be approximately $1,300 per year per lot. .. Although during the early '•years of maintaining re- established windrows the maintenance work I: SON -what different than that of,maintafning thus larger established windrows, "the intensity of attention needed to insure survival of the new plantings and establish vigorous - growth, including replacement and staking of new plantings, maintenance of -irrigation systems, and placement of organic mulch to' retain mofsture,requires siailiar expense as the fully established windrow. k Besp ° uhrittad, ;� Attachment 49S c. �r r D s 3 Z a �. n.m. ayif 3AUVINIJ. i t 1 a' i 4q � - C� Ss C11'Y OF RANCHO CUCANIONGA STAFF REPORT DATE: August 17, 1988 TO: City Council and City Manager FROM: Fussell H. Maguire, City Engineer BY: Betty Miller, Assistant Civil Engineer SUBJECT: USE OF CONCE NATION To OBTAIN OFF -SITE RIGHTS -OF -NAY FOR starf reques or City Council direction concerning* the use of possible condemnation proceedings to obtain off -site street rights -of -way associated with V* development of a proposed tentative tract, located on the north side of Highland Avenue, west of Etiwanda Avenue. Any or all cost will be borne oy the Developer. (APR 225- 161 -35, 36, 37, 38, 49, 55, 56, 61 and APR 225 - 171 -1, 9, 10, 17) I. REWNENDATIOM: Staff recommends that the City Council approve, in concept, future condemnation action to obtain off -site rights -of -way necessary for the development of proposed Tentative Tract No. 13812. II. ABSTRACT: Staff is requesting City Council direction concerning the use of condemnation proceedings to obtain off -site rights -of -way for Summit Avenue associated with the development of proposed Tentative Tract No. 13812, located on the north side of Highland Avenue, west of Etiwanda Avenue. III. DISCUSSION: The Developer of the proposed Tentative Tract (Exhibit '0') is being required to obtain off -site rtgghts -of -way for the construction of Summit Avenue west of Etiwanda Avenue to the project site. The proposed detailed alignment for Summit Avenue is shown on Exhibit 'C' (four sheets). The improvements will consist of a pavement width -1 36 feet with curb and gutter on both sides. The Etiwanda Specific Plan shows Summit Avenue extending from Day Creek Boulevard to the 'loop Road` (Exhibit 'D'). Accerding to the Assessor's Map Book (Exhibit 'E'), a dedication of 66 feet for Summit Avenue west of Etfwanda Avenue already exists. However, the San Bernardino County Surveyor has indicated (Exhibit 'F') that the actual location of the Summit Avenue alignment -.annot be CITY COUNCIL STAFF MFORT Tentative Tract 13812 - Pulsar August 17, 1988 Page 2 determined, due to conflicting survey information and ambiguous wording in deeds and the possibility that the original subdivider may not have had legal title to the land. Before any development can occur in this area, the alignment for Summit Avenue must be established. There are existing :•tructures on several of the affected parcels; therefore the proposed alignment has been curved to miss them (see Sheet 2 of Exhibit 'CO). Normally, staff requests that ail off -site rights -of -way be obtained by the Developer prior to scheduling a project for a Planning Commission hearing. In this case a lengthy process of establishing agreement lines and executing deeds betweer; eight (8) contiguous property owners is required. The Developer, realizes this must be done prior to recording the final map and has already initlated talks with the property owners. He would prefer to have the tentative map approval before investing the time and effort in The Subdfvlsl that, once a withhold appr off -site imps Therefore, the for the Devel requirement is the Developer the cost of ob IV. CONCLUSION: P Act. Section 66462.5 (Exhibit "G "), states itive Map has been approved, the City cannot of the Final Map because rights -of -way for is have not been acquired by the Developer. is essentially forced to acquire the easement (through negotiation or condemnation) or the atically waived. If condemnation is necessary. ,e responsible for all costs incurred, including g the rights -of -way. Staff feels that the use of condemnation is reasonable in this case because the extension of SL=lt Avenue to intersect the future Day Creek Boulevard is an essential part of the the circulation element of the Etiwanda Specific Plan. Respp �q u y submitted, VP 6 AHH: Attachment: Exhibit "A' Exhibit "B" Exhibit *CO Exhibit 'D" Exhibit "E" Exhibit 'F" Exhibit "G" Location Map Tentative Tract Map Proposed Summit Avenue Alignment ESP Street System Assessor's Map Letters from County Surveyor Map Act Sectiion 'Tq O CITY OF RANCHO CUCAMONGA Eh'GINEEMG DIVISION IF .. r V ME TTr,E; VICINITY MAP s I " -•_ r r '%_ .•. �I F' 7 a .�. ri. I � t r. •t t r I star• w W . • . . • • • • - no.• i i l SLAIb I ^^1.480 ✓V CITY OF Mt TT 1381 Z N RANCHO CUCAMONGA 500 TITt,g TI:NTRTIt,E M/aP ENGRMMuNG nnqMOX err. a 13 ov J - ;Ar N Y•[ S I YpL�r, ii A l� s T- i it So I Ct Z 0 u Ch Oo U � O ' YI 11 �r 31, I� s T- i it So I Ct Z 0 u Ch Oo U � O ' YI LL x i 0n 1. eo•; `lo o os. - - - - - -- - -- I Z LL lit P- tAi C�, I. at of SbS 71 %' 33�F �x ;s h .1 S tt t . r• z T .03zAs oasveoad i s. t IW ,V 1 S tt t . r• z T .03zAs oasveoad i s. t 34 rl ....../ I r r _ 1 1 � 1\ Freeway Access >� MaJor Arterial ® Secondary Arterial /� Special Design Collector / Local Streets i SYSTEM 5-6 CITY OF rrnL. TT 13812 RANCHO CUCAMONGA TrML. E. S. P. STkur SYSTEM ENGII1 MING DnWON SOS EXHIBI1`,— p' t i4 • � y . � y Z — drs R tr/ G s t _ e is •• RwO I RyO ` � i J LQ DD R8 b ! I f t 6 C Ln � tKM1L I I [inlaRy 1; LAND MANAGEMENT DEPARTMENT IES North Artawhw! A.elwe . Sm ap W". CA 9241E-01t0 . 0141 3874011 P July 26, 1988 City of Rancho Cucamonga Engineering Division P.O. Box 807 Rancho Cucamonga, CA 91730 ATTN: Betty !Biller OFFICE OF PLkWUNG Cwwry nw� OHkw OFFICE OF SUAVEYOFt C Cmmry Sur ry L9. OFFICE OF SUMO NO AND SAFETY Lorry L Sda ftf. P.E. Ca IY &".a OMtlM On the 23rd of June, this Office received an alignment study map for a portion of Summit Avenue in the Etiwanda Colony Lands. This map was forwarded to us by your office and was prepared by Andreasen Engineering. The purpose of the map was to estaolisn an acceptable center line through Blocks C and D of the Etiwanda Colony Lands Subdivision. Over the past two years, we have been called upon to review October of within 198681the most recent in March ofs this year- to As part of the review, we unsuccessfully attempted to determine the center line of Summit Avenue. This is due, in part, by conflicting survey information which would result In alternate locations, onbthesewproperties. Underlyingpallrofetthisdispth emreal possibility of this portion of the Etiwanda Colony Lands being originally subdivided without proper title or ownership. We have informed Andreasen Engineering by letter that the chain Of title must be reviewed before we can determine who owned what at what time in order to determine the correct line of Summit Avenue. We also suggested that if this process does not clarify the ownership issue, then agreement lines and deeds may need to be executed between the contiguous property owners. :he aatablishmant of the new proposed center line is outside or our jurisdiction. Any definition of alignment is between the property owners and the City through your office. However, the issue of the proper title is in question and needs to be resolved prior to recording the referenced surveys. For additional information, please see copies of attached letters from this office to Andreasen Engineering on June 22, 1988, and to your office on April 21, 1988. Pleaso feel free to call Mr. Jerome Whitsell at 387••4078 for any additional information you may need. SPi " , Meson %% ITEM: TT 131L 12, County Sur7eyor r REW TITLE.: COUNTY SVSLYLYOP. a+Fa Wm._ e F FB 8KELT l f1R Z. COUNTT OF SAN BERNARDINO ��Ili11U��f EMNONMENTAL == PUEth; WOARa AODICY i j� //t 1` I1^ JOHN N.JADUIO! / i Lana MmpFmmt o mw OFFICE OF PLkWUNG Cwwry nw� OHkw OFFICE OF SUAVEYOFt C Cmmry Sur ry L9. OFFICE OF SUMO NO AND SAFETY Lorry L Sda ftf. P.E. Ca IY &".a OMtlM On the 23rd of June, this Office received an alignment study map for a portion of Summit Avenue in the Etiwanda Colony Lands. This map was forwarded to us by your office and was prepared by Andreasen Engineering. The purpose of the map was to estaolisn an acceptable center line through Blocks C and D of the Etiwanda Colony Lands Subdivision. Over the past two years, we have been called upon to review October of within 198681the most recent in March ofs this year- to As part of the review, we unsuccessfully attempted to determine the center line of Summit Avenue. This is due, in part, by conflicting survey information which would result In alternate locations, onbthesewproperties. Underlyingpallrofetthisdispth emreal possibility of this portion of the Etiwanda Colony Lands being originally subdivided without proper title or ownership. We have informed Andreasen Engineering by letter that the chain Of title must be reviewed before we can determine who owned what at what time in order to determine the correct line of Summit Avenue. We also suggested that if this process does not clarify the ownership issue, then agreement lines and deeds may need to be executed between the contiguous property owners. :he aatablishmant of the new proposed center line is outside or our jurisdiction. Any definition of alignment is between the property owners and the City through your office. However, the issue of the proper title is in question and needs to be resolved prior to recording the referenced surveys. For additional information, please see copies of attached letters from this office to Andreasen Engineering on June 22, 1988, and to your office on April 21, 1988. Pleaso feel free to call Mr. Jerome Whitsell at 387••4078 for any additional information you may need. SPi " , Meson %% ITEM: TT 131L 12, County Sur7eyor r REW TITLE.: COUNTY SVSLYLYOP. a+Fa Wm._ e F FB 8KELT l f1R Z. h.ed ArFn"..: Sin OFmediw, CA 1 June 22, 1980 Andraosen Engineering Co. 500 North Park Avo: Pomona, CA 91768 ATTN: Robert Andreason Dear Sir: OFncE OF PLANNING Shwm W. K' htO OFFICE OF SIAI C16 .7a O. T." C...AY Swr OFFICE OF RUMI)WO Wry L Sdh , CO." DA&V This office is in the process of checking a Record of Survey submitted by your office under the name of "Chen." It is located in Blocks "C" and "D" of the Etiwanda Colony Larder. During our review of your Record of Survey, we have tried to determine the locations of the lot lines and the eanterlino of,t Summit Avenue. We have discovered numerous survey ambiguities that create alternate locations of there lines. As previously discuasad with your office, we suggest that the property owners execute agreement line documents to resolve the lot lines. The conterline of Summit Avenue best fits record data per Etiwanda Colony Lands, recorded in Map Book 2, Pago 24, as shown cn your Record of Survey. Novevo.c, if the Northeast 1/4 of Section 29, T1NR6W was never deeded to the Chaffey Brothers who subdivided Etiwanda Colony Landa, than Block "C" and Summit Avenue both do not exist by virtun of said map and Block "D" only goes as far as north as the center of section lines. This office has obtained a courtesy preliminary title report from a local title company. The title report did not reveal how he Northeast 1/4 was first deeded out or if Chaffey Brothnrs ever owned it. Thia office feels it full title report should be obtoinod by your offito to help rlarify the ownership and establishmont of Summit Avenue. Sincerely, (t4l`;4e� C1a4da D. Temlinson Coul.ty Surveyor COT:MWR:vd 5-0 $ BrA,q,;L "r F SHEET 2w2- s w COUNTY OF SAM BEAh,AR ENT \\��1I�/��, 1, ENYUMMENTAII. �1 PUOUC WORKS AGENE s 180, "i 17 di 707x091 H \� idlplgl�Z\ JONf1 N: JAOUESS �. Andraosen Engineering Co. 500 North Park Avo: Pomona, CA 91768 ATTN: Robert Andreason Dear Sir: OFncE OF PLANNING Shwm W. K' htO OFFICE OF SIAI C16 .7a O. T." C...AY Swr OFFICE OF RUMI)WO Wry L Sdh , CO." DA&V This office is in the process of checking a Record of Survey submitted by your office under the name of "Chen." It is located in Blocks "C" and "D" of the Etiwanda Colony Larder. During our review of your Record of Survey, we have tried to determine the locations of the lot lines and the eanterlino of,t Summit Avenue. We have discovered numerous survey ambiguities that create alternate locations of there lines. As previously discuasad with your office, we suggest that the property owners execute agreement line documents to resolve the lot lines. The conterline of Summit Avenue best fits record data per Etiwanda Colony Lands, recorded in Map Book 2, Pago 24, as shown cn your Record of Survey. Novevo.c, if the Northeast 1/4 of Section 29, T1NR6W was never deeded to the Chaffey Brothers who subdivided Etiwanda Colony Landa, than Block "C" and Summit Avenue both do not exist by virtun of said map and Block "D" only goes as far as north as the center of section lines. This office has obtained a courtesy preliminary title report from a local title company. The title report did not reveal how he Northeast 1/4 was first deeded out or if Chaffey Brothnrs ever owned it. Thia office feels it full title report should be obtoinod by your offito to help rlarify the ownership and establishmont of Summit Avenue. Sincerely, (t4l`;4e� C1a4da D. Temlinson Coul.ty Surveyor COT:MWR:vd 5-0 $ BrA,q,;L "r F SHEET 2w2- s 664623. N�pr,val of final map mm�ot be rehwdbecause of,fi.Weloo- ror<m"I requbements dm land not bebnµlg to subdhIllon or At" I ouay, or<nyand county shall not postpone at reluseapprovd of a till map because the subOmdec has yled to meet a t"Uhve map condition which require; the subdivider to construct w tmnil oft, rmprevements on land In which neitherth, subdWet north, local agony has sufficient tide w Intent Including an easement w license, u the tlme the tenathe or final map b filed with the Io1cJ agency. to permit tine Improvemenat0 be made In such uses, the dry, countyorciyand county dolt within 120 days of the fd!ng of the final map, pursuant to Section 664 57, uqui rebynegot iatlonwcommencePraceedingspu amtoTbk7 (commencing with Section 1220.010) of Par S or the Code of Cml ProctJure to acquire ar, Interest In the land which w@ permit it,. Improvements to be mad,. including proceedings for Immediate poster Sion olthe Property underAnkle 2 (com1flencm2with Section 12SS.41o) of Chapter 5 of such title. In the event a city, county, orchyand county fads to meet the 120-day time Lmhaill the condition fw construction Of olfslte Improvements Shaft bemnrJwreycleansed to bewahed. Nor to approval of the final map the city, county, Of city and county may require the subdMdat to enter Into an agreement to complete the Improvements PuhIuansto SectlOn 66452 atswh time "the city. coany, orceyand muny acclultes an Intent In the land which win permit the Improvements to be made. Nothing In this section precludes &city count, w city and , anA from Iequirtng a subdivider to pay the cwt of uquinng othlte rea. Mpeny interem required In connection writs a tubdtwsion. -Oftt, Improvement;' u used in this section, does not Include imp mementf which are necnsayto usum replacement orconftrllctlon of housing far Peaces and families of hyw or moderate income. as defined in Section 50092 of me Health and Safety Code. (Amended, Chapter qt0, Statutes of 19821 CITY OF RANCHO CUCAMONGA 5t I N:4, g WKI(ORI MULL. 'TT 1381 ?_ 9M TITL& 30801VIS1013 MAP ACT I; GD It >�arr: 11 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Arlene Banks, Associate Planner SU9JEC': A pROp�O'70 DE$16NATE THE CROSWELL HOUSE 9874 ARAOW I' RECa I�ouncll des gnate 9874eArratoHighway ailandmarok- it. MuK-�{� request pfor�aalcondominium proiecti for theesite.tssien Laken o t is an because of theppendinglprojecttloyurrenUy *hrkin9 withistaffoto incorporantestte house intoetheaproject. Architectural details from the house are being Included in the architecture to the early thirties. om nt. It is a Spanish Electric style house III. HISTORIC PRESERVATION COMMISSION ACTION: The and continued nufirst cons are s m a s une , in order to look at the proposed site plan • In the rxantime, Assistant Planner Cindy Norris worked with the appplicant to incorporate the house into plan plan so included the house. 19The the Lo®ission saw the p co�mendednhtm end his architect for workieg with staff- but 1 6 CITY;OOBRCIL STAFF'.. THE-CROSWELL-'HORSE" August 17,••1988' Page 2 • ✓Px Commission voted 5 -0, 2 absent, to reccaeend designation of the 'ti house as a landmark.- They also specified architectural features `: which they woult like to see in the design of the new units. T Resp y submi , e� d Bull ' CiI r BB:AB:glg Attachments: Historic Preservation Commission Staff Reports Site Plan s, Resol ui3on cc: Historic Preservaticr Comission Mr. and Mrs. Johnson Liao W 511 �e 4' '7� CITY OF RANCIIO CUCABIONGA STAFF REPORT DATE: June 2, 1988 ° TO: Chairman and Members of the Historic Preservation Commission FROM: Larry Henderson, 3entor Planner BY: Arlene Banks, Associate Planner SUBJECT: POINT OF HISTORIC INTEREST DESIGNATION OF 9874 ARROW ROUTE - APR: 2=3IT U -- -- PROJECT AND SITE DESCRIPTION: on Dues a the Historic Preservation Commission recumend tozniF City Council the designation, of 9874 Arrow Route as a Point of Historic Interest. B. Location: The house is located on the north side of Arrow ou e, 4 feet west of Hermosa, across from Ramona. C. Site LaM Uset - toning - General Plan Designation: The site con ns a sm9y�e ramny noise with tw7 garagges, a small out - bullding and aid chicken coops. The zoning is M. Medium Density Residential (8-14 dwelling units per acre). The General Plan Designation is also Medium Density Residential. D. Adjacent Land Uses - Zoaing - General Plan Desionattons• No . .ecanc, tn18TA� i3in� eg dential; General South - S1 glee familyihouses; ZoneduL,DLowiDDeensiy dentlal. Residential (2-4 dwelling units per acre); General Plan East �siSmallibunialo+w;LZoningsand General Plan Designation is M. Medium Density Residential (8-14 dwelling units.._ per acre). West -- A large lot with a large wood frame house; Zoning and General Plan Designation 15 M. Medium Density Residential (8 -14 dwelling units per acre). E. Descri tion: This flat roofed Spanish Eclectic one -story house as a a anted, S)mmetrical facade with a prominent, low - pitched, gabled front porch. The gable is echoed an the parapet roofline above A pair of decorative, red -ttle covered shed overhangs emphasize the horizontal lines of the row of front windows which flank the front entry and are protected from the ';n by awnings. Triangular vents composed of six semi - circular tiles and decorative medallions beneath the gable Sl'a- 1 HISTORIC PRESERVATION STAFF REPORT RE: P01 - 9e74 ARROW ROUTE June 2, 19PS Page 2 Peaks are embellishments that enliven the simple lines of this house. It was restuccoed with a finish that is probably rougher than the original. A circular driveway is edged with boxwood and in front of a matching garage is a trellised carport. The words 'Patti -o- Rancho' are on the mailbox. There are mature trees on the property and a large Palm in front is one of several lining on the north side of Arrow. It is estimated that the City has only a handful of Spanish style structures from the late 1920's and 1930's such as this one. II. ANALYSIS: 7�acc__ ground: An apartment /condominium complex is proposed for this site and adjacent land, totaling 3.25 acres. The house is on the list of potential landmarks, but no documentation has yet been done on the history of this house. A current planner brought this house to air attention. It appears similar in style to houses built on Foothill by George Klusman in the late '20's and early 130's. The house retains its historic architectural features. Although apparently it was an egg ranch, its style and the formal front yard do not have a typically rural look. B. Issues: Loss of houses such as these seem to some to be a smalT— matter. They are not elaborate edifices, and no especially important person lived in them. But, as they are lost, one by one, the few and fragile links to the past in this region are lost. In a City that is rapidly approaching the 100,000 population mark, the 200 to 300 pre Worid Mar II structures that are not remodeled beyond recognition become a rare and valuable resource to be cherished. Staff's position is that these generally scattered, generally modest buildtn3s- give a bit of flavor and a touch of interest to t1:e City; they add layers of meaning to the area and a sense of place that canes from having elements in the environment that are both old and new, that have a variety of mental associations and provide a sense of continuity with the past. They make a new city more livable by offering diversity and *roots". They bring to the present the taste, values, and daily life of the past. Once they are gone, all this is lost. Thus, it is staff's opinion that loss of a house such as this is an adverse impact and that alternatives such as Incorporating this structure into the design of the condominium project need to be considered. S13 ' HISTORIC PRESERVATION STAFF REPORT RE: POI - 9874 -ARROW ROOTE June 2, 1988 Page 3 i C. Environmental Assessment: Designation of a Point of Historic Interest is exempt unneer CEQA :Arttcle 19, Section 15308). Environmental assessment of the project involving desalition of this house, however, needs to consider the negative impact on a historic resource. III. FACTS FOR FINDINGS: The criteria for destgnabng a Point of 111storic Interest-are the same as for a landmark. The criteria that apply here are: A. Historic and Cultural Significance: 1. The proposed landmark is particularly representative of an historical style. 2. The proposed landmark is an example of a type of building which was once common but is now rare. 3. The proposed landmark is connected with a business or use which was once coon but is now rare. B. Neighborhood and Geographic Setting. 1. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood. (Ord. 70 S9, 1979). IV. CORRESPONDENCE: This hearing has been advertised in The Daily c��oRc re�f newspaper and notices were sent to the owner ana owners within 300 feet. On May 16, staff spoke to Inland Cesign, the firm that is working on this project. V. RECrWEHDATION: Staff recomoends that time Historic Preservation >anmtes a —i n recommend to the City Council that 9474 Arrow Route be designated a Point of Historic Interest because of its architectural interest and the scarcity of such buildings in the City. Staff is not recommending Landrark Designation at this time because of the i3ck of historical information. �ReessJpectfully submitted, "(kr Henderson Senior planner IH:AB:ko Attachments: Point of Interest Form �5 1A- �ocation � p hotgrps Reso�ut�ons 9874 AR Ow ROUTE CITY OF RANCHO CL:CAMOM;CA HISTORIC PRESERVATION CommissIojl rrE%b — TMF, - EXHIBrr SCALE: Z5 e Zt NORTH S r; �„ c -..y- .�Y•�.4w+.�; r;- .7(F +'ttildx..: .x - - - _ -�. ^.i:. :'!�+yY,s$,'et'�X`: ,♦ _ C. -CStf gt.Nuoho CnCason[a � e .�l�f:ADpllxutloa " .`' 81d7O'lIC , aetwanr O1:HIGNAT'iDN - " .' !„ - ;HISIO[IC POIIRO /'IN788E3T - '' 14 O1:SIGNA7tON - ,, I� elstprSO Laadenrt - x RSetorie Point of luteres�t n - IDWfIFICATION A. C0000 Naset e. Historic Name, 'it knowns 8. Street or Rural Addreessexxa Ci[ys -1AgCJn r..a.,Q, - ZIPS • anae Count7s_ ft Aswseor a Dues. No. 'X16_xtf -m Zoset u G[al Dawrlptlhot_y. tt.. ' d. Precast dense, It lnaeat .intmsOn S Rt to uLe •AddreuY tnm aevvnd rt, City$' upland Zlps e17e5 "- Ownership Su public _ ;_ N. - Prawat User itnxte fuilr rcsldence Original Uwt 11nd1f t1J%U rf;ldence Other past exam - - egg rants , DESCRIPTION 6, - Brief deserlba the present phfaSeai_appearenee ot,ths stit or - atructare and describe any eulor ulgrac oresi —rem is original Conditioot A al t- f d InanIth Fcj@ tie--se tie--se with t _ oratnent eablfd ftmr' w• tilt trfal and _ _ __ - _ with S COrn1R 8-1d 9151e Over Gabled po"h 7 Geatlutt'eksteb sup (drae A label site and sefr0eAdln[ streets, roads, and proaincut leadaerks)t S((o 8. ApproxLaate property suet Lot at" fin test) ►routaRs one Depth 322.5• or approx. acreage 9. Conditloes (cheat one) a. Excellent_ b. Good_X_ o. Pair d. Deteriortted s. No longer la existsuea_ 10. Is the features A. Altered? b. Vo&It4ftd7jq21Mpy 11. Surroundingst (Check wre that one It necessary) ,. a. Open land_ b. Residential X F e. Scattered bulldinga_ -_ d. DeA•.ely built -up__ y r - i 22. Threats to alto a. goon known b. Private deralopeemt�(_ C. Zoninw�_ } ; d. Ivblic Worhe Penject -_ a. VandalSaa f• Other_ .; 19. DateW of enclosed photograph(s)_ S.BB NOT" no following Itees 1e- I [ 1B> an -tor eruccorn only. . la. Prim" exterior building material, a. Btooe_ b. Stick- a. etaeeo_L, d. Adche_ a. Wood f. Other yIU 16. Is the structure A. On its crlginal nit*? I ;, b. moved? a. Unknown? ' Is. Tear of Initial Constructions ' This Date Se a. yacrual b. gstisated 1929 A ij' 17. Architect (if kaorm)t j 13. Builder (if knowo)t y 1B. Related yuturee a. Barn b. Carriage hound r• C. Outhouse d. Sheds) X e. rorsal Oardenfa) f. Windmill [. Vatertoser /tankhoune J' b. Other aaraaa I. Rome r B €- SICNItICINC[ ID. Busily Atatw historical ""for architectural Isportanae (include 9 dates. events, and perawn asaool► tad with the site when known), C This Spanlah We M.eltemn h. s 9006 ale of this stYla. Then an only a WHO of such reside « s in the _ City. It Gas built In the lots 20•s or early 10's. The property was an e99 ranch 21. MAID the" of the historic re"arcei (chack only one), A. Architecture —x_ b. Arts A Leisure C- Ecoaomle /Iadustrlal d. Coveromnt A. Exploration /Settlamapt t. military C. Religion b. Social /Education 22 Sourcee List books, documents, aunsys, porgonal Interviews, and their datee,_SOrreY fll p field D Ids t It N t YI 1 1a A Lee McAlester 23. Date form prepared 5 -88 By (name), Arlene Banks Addreu, City, Zipl_- Phone: ._ Organitatton, cit. of Bannhn r 4 DATE: TO: FROM: BY; SUBJECT: I. BACXGROUNO: This item was continued from the June 2, 1980 RTSfnrTE-Planning ConHssion meeting. The Commission wanted to see a site map of the proposed condominium project and to allow time for further research on the history of the house. The maximuo number of units that could fit onto the properly is 44. City standards are such that the maximum number of u.a is are by no means guaranteed on a piece of property. Quality development requires excellence in design, ample room for outdoor living, provision for privacy, generous landscaping, and amenities such as recreation areas. Quality development often means not building to the maximum. II. UPDATE: The week after the Historic Preservation Commission mee ng, current planning staff member Cindy Norris, Assistant Civil Engineer Betty Miller, Larry Henderson and Arlene Banks met with the owner of the property, Johnson Liao, and architect Victor Palos of Inland Design. Two proposed site plans were reviewed. Curb cuts, fire lane locations, views frog the street, and various configurations for the condominiums were discussed. The major topic was whether and how the existing Spanish Eclectic /Mediterranean style house could be incorporated into the project. A new site plan was presented to staff on Anne 29, 1988 that leaves the house In its current location. Staff will dlscur ;s the site plan at the meeting. III. Historical Infmrmation: The previous owners, John and Patricia ec sner, oug f nW- ouse in 1960. The name Patti -O- Rancho came from Mrs. Oechsner's name, Patricia (Patti) plus the initial of their last name (0). They brought up their five children in the house, keeping cows, pigs, horses and chickens in back to give their children a taste of country life. Mr. Oechsner worked for a 7 a V HPC STAFF REPORT RE: 9874 ARROW HIGHWAY July 7, 1988 Page 2 local dairy. Previous owners were the Taylor family who owned a motel In Missnuri and spent the winters in Cucamonga, The Taylors had purchased the house from the heirs of the Crosswell family, according to Mr. Oechsner. The 1934 Cucamonga City Directory shows an Ora C. Crosswell, secretary for the Cucamonga Water Company, living at 186 E. Arrow Route. Mr. Oechsner's information corroborates the City Directory, assuming that 186 E. Arrow is now 9874 Arrow, The phone directory indicates that the house was built at least by 1934 rather than 1937, the date given by Mr, Oechsner. There was some discussion of the possibility that Leslie 'Scoop' Foster who worked for the Cucamon a Timex have lived there, but City directories of the s an ear y 40 s place him to Alta Loma. IV. ARCHITECTURE: As stated in the June 2, 1998 staff report the Fate re ns its historical architectural features, and although lass of houses such as these away sees as small matter, as they are demolished, one by one, Rancho Cucamonga's fev and fragile links with the past are lost. The City loses a bit of charm and interest and flavor. There are only 25 structures on the 1 team as pre-World War II Mediterranea: Foothill Boulevard and face an on structures represent only 7.8% of th on the list. Another way to look at 1 Of structures of this style, most houses, to the total number of sin! there are 23,507. The historic Medit represeent .1% (one -tenth of one perccr the Ci. identified by the survey anish style. Many are on Lain future. These 25 )tal number of structures is to ccmiare the number which are single family family houses, of which anean /Sparifth style homes of single family homes in Because of the scarcity of this style of architecture, staff is revising its first recommendation and recommending that the house be designated a landmark. FACTS FIR FINDINGS: 9874 Arrow Highway meets throe of the cr era s e n he Ordinance. A. Historic and Cultural Significance: 1. The proposed landmark is paiticularly representative of an historical style. 2. The proposed landmark is an example of a type of building which was once common but is now rare. spa B MINE � MEN t HPC STAFF:R PORT.` -- RE: 9874 ARROY,HIGHWIIT July 7, 19W Page 3 B. Neighborhood and Geographic Setting: 1. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood. (Ord. 70 59, 1979). IV. RECOIMERDATIOH: Staff recommends that the Historic Preservation o st— m ss o� n recommend to the City Council designation of-,9874 'Arrow as a landmark because it is among the few good examples of a modest, 1930's Spanish- Celectic style home in Rancho Cucamonga. Further, staff recomaende that the Cowl salon comment on integrating the house into the site plan and on how the style, details, and materials of the house should be echoed in the design of the condominium project. Respectfully submitted, L H ' L � He arson '� Senior Planner LH:AB:mlg Attachment: Tentative Site Plan Revised Resolutions _ s F a 1 Y I V r 0' �� ON Acting Chairman Banks re- opened the public hearing, aring noone, Acting Chairman Banks closed the public hearing. Commissioner Cooper moved to receamend de ation of 7980 vineyard, the Thomas House, As a Historic landmark a and City Council including staff`s two additional reco®endarions to th lanning Commission. Commissioner Stamm seconded the motion. The motion ried by the following vote: AYES: COMMISSIONERS: COOPER, STAMM, AP.NER, BANKS, HASKVITZ NOES: COlMISSIO HONE ABSENT: COW IONERS: BILLINGS, SCHMIDT -- carried F. A PROPOSAL TO MIGRATE 9874 ARROW HIGHWAY A HISTORIC LANDHAAK OR POINT OF Arlene Banks presented the staff report. Acting Chairman Banks opened the public hearing. John Liao, owner of the property, stated that they have presented the plan for initial review. He stated ne is still in opposition to the designation, but he worked with the architect to incorporate the house into the design. He stated he will suffer a big loss with designation. He questioned if there will be compensation for his loss. Victor Palos, architect with Inland Design, architect for this project, stated that it was unfortunate his client was not aware of the pcssible designation before he purhased the land and submitted the first site plan for review. He He statedethatsa bettercannot designacouldabe with done without thefhouses . Ierstated it will become an economic hardship trying to incorporate detailings from the existing house. Acting Chairman Banks closed the public n.aring. Larry Henderson stated that In response to Mr. Liao's question, the City has no mechanism for financial compensation to the developer. Brad Buller, City Planner, stated that the majority of developments with a maximum of 14 dwelling units per acre usually get about 10 -11 dwelling units Per acre, which 1s about 75% maximum density. Acting Chairman Banks stated she would like to see the four units in front of the house be moved for better visibility. Laa HPC MIL'UTES -6- JULY 7, 2988 Larry Henderson stated that this project has not been presented to the Design Review Committee and they may be have other ideas as to the design. The Commission concurred that the developer should be commended for working vith staff in coaing up with a possible solution. Commissioner Haskvitz moved to recommend designation of 9874 Arrow Highway as a Historic Landmark to the City Council for approval. Commissioner Arner seconded the motion The motion carried by the following vote: AYES: COMMISSIONERS: HAMVITZ, ARNER, COOPER, BANKS, STAM NUES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BILLINGS, SCHMIDT -- carried The ign: itilenroofsuwith curly the Qrslatwthe gndss the veghs bstucco included exterior. Mission style roof line, and Flattened arches. HEii BUSII(e.SS G. INCENTIVES FOR PRESERVATION Arlene Banks presented the staff report./ The Commission, together with Ci ly st&pf, prioritized the incentives and discussed further action involved in ach incentive. The Commission directed staff top sue as a first priority an Ordinance for Demolition Delay. The Commission directed staff t further Dursue an Ordinance regarding Facade Easements, to investigate fur er the Mills Act, to further pursue an OMinance regarding Naivin Fees, to get more information on Marks Historical Rehabilitation Provision of Design Services and Property Tax Pebate. The Commission al directed staff to further investigate Ordinances for Density Bonus, Expans n of Non- Conforming Uses and for Examining Parking Requirements. The Commi^ ion concurred thrt :,� :he Incentives are finished, have a seminar with the rd of Realtors for their education. H. 7AG L AGENDA I F11S FOR AUGUST a mvoa Arle present d the staff report. She sated that she needed infoon thes items. The Commission concurred that 10213 19tt Street and thill eulevard should be heard 1n September and that staff should initappli ation on the residence on the west side of Hermosa Avenue, norttori , and set a public hearing for 9468 Lomita, and Haven Avenue Cyprs f r August. The Commission directed staff to Mritiate an applo 8818 Archibald Avenue for August. HPC MINUTES 5�3 -7- JULY 7, 2988 Q ARCHIBALD ccry OF a4 C RAL -NI-Hp CL'C� "VKX A IrE�I _ rrru, 9974 tiR�n PLANNING DIVISION f.YHIBrrs SGLE: ` RAMONA AVE. RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCF. p CUCAMONGA, CALIFORNIA APPROVING DESIGNATION OF 9874 ARRM s ROUTE, RANCHO CUCMONGA, AS A LA`1CMARX i. WHEREAS, the Historic Preservation Comission has held a duly advertised public hearing to consider all comments on the proposed Landmark and issued Resolution No. 88 -_)frecomaending to this City Council that said designation be approved. WHEREAS, the City Council has received and reviewed all input from the Historic Preservation Commission regarding said Landmark Designation. p; WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Rancho Cucamonga City Council hereby specifically finds, determines, and resolves as follows: i SECTION I: The application applies to property located at Assessor Parcel nu em-6 101 711 -04. SECTION II: The proposed landmark meets the following criteria establisheTinTEF-pter 2.24.090 of the Rancho Cucamonga Municipal Code: A. Historic and Cultural Significance: 1. The proposed landmark is particularly representative of an historical style. 2. The proposed landmark is an example of a type of building Web was once common but is now rare. B. Neighborhood and Geographic Setting 1 The proposed landmark in its location represents an established and familiar visual feature of the neighborhood (Ord. 70 S9, 1979). SECTION III: Designation of a landmark 1s exempt from CEQA (Article 19, Sect on 153USI. SECTION IV: Based on the substantial evidence received and reviewed by this ounc and based on the f4ndings set forth above, NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby approve designation of 9874 Arrow Route as a Landmark. 5a5 r I CITY OF RANCHO CUCAblONGA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Mrabers of the City Council FROM: Brad Buller, City Planner BY: Arlene, Banks, Associate Planner SUBJECT: A PROPOSAL TO DESIGNATE THE ROBERDS HOUSE. 7201 AMETHYST AVENUE, RANCH;. CUCAMONGA, A POINT OF HISTORIC INTEREST. APR: 202- 161 -04 I. RECOMMENDATION: The Historic Preservation Comelssion recoiends TF&T-TFe—TM Council designate The Roberds House a Point of Historic Interest. 1I. BACKGROUND: The Roberds House was selected from the list of po to iaarlandmarks as part of the City's program to designate landmarks and Points of Historic Interest in an orderly manner. The house is a remodeled church that was moved in the 1920's from Archibald Avenue to its present location. The Roberds family is an important local family. A smaller home on this lot was the first built in the Alta Loma Townsite; the family worked in the nearby packing house; the house was next to the service station where the fire truck was kept, and Rilla Roberds would receive fire calls and run out to alert the people at the service station. Mrs. Roberds 1s the daughter of Douglas N. Stephens, pioneer Cucamonga vineyardist. The survey identified the house as Craftsman; however, the heavy vegetation around it make it difficult to see from the street. The family still owns the house and objected to the idea of landmark designation. They think that its significance 1s lost because the house has been extensively remodeled, and that landmark designation would be an economic disadvantage, aakin,.y chango or removal more difficult. The house is on a lot that is nearly an acre, and is zoned and designated on the General Plan for multiple family residential use. I CITY COUNCIL STAFF REPORT ROBENOS HWSE August 17, 1988 Page 2 The family did agree, however, that designation of the house as a Point of Historic Interest would be appropriate. III RISiONIC PRESERYATION COMMISSION ACTION: The Corission voted to 3asignate o e s use as e FOInt of Historic Interest. The house wets the criteria in the ordinance. ;� Resp y su d 7; i r Bull City r BB:A3:mlg e Attachments: A. - Staff Reports 5. B. - Site Nap C. - Resolution cc: Historic Preservation Commission Rilla Roberds 6j7 7 I CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 2, 1988 TO: Chairman and Members of the Historic Preservation Comission FRCM: Larry Henderson, Senior Planner BY: Arlene Banks, Associate Planner SUBJECT: A PROf��ES�IIGHATE THE ROSERDS HOUSE 7201 METHYST PROJECT AND SITE DESCRIPTION: A. Location: a house s located on an L- shaped parcel, on the eas s e of Amethyst., immediately south of the Pacific Electric Railroad Tracks and the hater District storage tanks. B. Site Land Uses Zonin - General Plan Designation: The site s a s ng el amf "fly ence. a zoning s , d!um -H!yn Density Residential (1 -1 -24 dwelling units per acre) and is designated H, High Dan -0ty Residential (24 -30 dwelling units per acre) on the General Plan Land Use !'ap. C. Surrounding Land Use - Torino - South - Single family residence; Zoned GC, General Commercial and the General Plan Designation is Commercial. General Commercial 1s more intensive than Offlce/Professtonal or Neighborhood Commercial District and can include major shopping facilities, major service - oriented uses and major financial and corporate headquarters. East - Senior housing development; Zoning is s OD, Senior__ Housing Overlsy District; General Plan is High Density Residential (24 -30 dwelling units per acre). Nest - Across Amethyi;t are the railroad tracks and vacant land, zoning is GC, General Commercial and General Plan Designation is Commercial. 0. Descri Lion: The 1 -1/2 story house is barely visible from the s rem ecause of dense vegetation. The State Historic Resources Inventory tons characterizes it as a Craftsmmn style structure. INtstanding features include the long shed dormer, the gabled portico with simple stickwork in the pediment, Mary multi -paned windows and French doors, exposed beams and raftertails, and large round cement columns with simple caps which support the porch and the pergola along the north side. - sa s HISTORIC PRESERYATIOH STAFF REPORT RE: ROBERDS HOUSE HLD June 2, 1988 Page 2 The house has a garage at the end of the driveway. The lot is large, nearly one acre. II. ANALYSIS: A. Background - Current: This property was selected from the list or potential landmarks as part of the City's program to designate its landmarks and points of interest in an orderly fashion. B. Background - Historic: Information on this property comes from the Siaie Ais r c Resources Inventory form and from +he History of Alta Loma, California 1880 -1980 by Martha Staebe� V! Rilla Roberds was the daughter of Douglas M. Stephens, ppfoneer vineyardist of Cucamonga. Harry and Rilla Roberds but'It the first home in the Alta Loma Townsite on this land. They had been married in 1913 and both worked in the first packing house. They rode around town on a Twin Indian motorcyclo. In the twenties, after their son, Ron, was born, they mrved their small house farther south and bought the Hazarene Church, located about a mile away at Archibald, 40 acres south of Base Line, and moved it to the original site of the first house. They remodeled the church into a home. The Roberd's telephone was used when there was a fire. The first fire engine was kept in a garage just north of their property. Rilla Roberds would run out and wave at the service station when a fire call came. The east -west street 200 feet south of 'the site is called Roberds Court. The Roberds family once owned most of the land south of the tracks dam to Base Line on both sides of Amethyst. C. Significance of the Roberds House: The Roberds House has severa — features and assoc a ons that gyive it local significance. Its architecture is of special interest because it is an example of early 'adaptive reuse' and because it Is a (simple) Craftsman style structure. It. is significant also because the Roberds family is well knows. Mrs. Roberds is a member of the pioneering Stephens family, and Mr. Roberds built the first house within the Alta Loma Townsite. D. Relevant Ctt Policies: This houso is on the edge of Old Town ama. a eneral Plan calls for the preparation of a Neighborhood District area. Pian to preserve the character of this E. Issues: The property is zoned for Medium -High Density 1DTSTQShtial use. A single family residence is a non - conforming �'a9 S i r r I i HISTORIC PRESERVATION STAFF REPORT RE: ROBERDS HOUSE HLD June 2, 1980 Page 3 use in this zone; therefore, the house cannot be enlarged. The size of the lot and the non- conformtn3 status of the house raises a question about how long the propert; =01 remain as it is. Changing the City code to allow, with a Conditional Use Permit, expansion of non- confcrming uses that are historic landmarks if such expansion would nct adversely affect adjacent property would help preserve such landmarks. ITT. FACTS FOR FINDINGS: The Roberds house meets several criteria in e Historic Preservation Ordinance: A. Historical and Cultural Significance: 1. the proposed landmark is particularly representative of an historical period and style. 2. The proposed landmark is an example of a type of building which was once comwon but is now rare. 3. The proposed landmark was connected with a local personality. B. Neighborhood and Geographic Setting. 1. The proposed landmark materially benefits the historic character of the neighborhood. 2. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood and caosmunity (Ord. 70 S9, 1979). IV. CORRESPONDENCE: Staff has talked to a member of the family while v s n e s te. The owner has been notified, as well as owners within 300 feet. This item has been advertised as a public hearing in The Daily Report newspaper. V. RECOMMENDATION: Staff recommends that the Historic Preservation e® s� —Mn recommend to the City Council that they designate the Roberds House, 7201 Amethyst Avenue, a Historic Landmark because the site meets the criteria of the Ordinance and designation is in harmony with the General Plan. ��/RQ1es ectfuily submitted, Henderson Senior Planner LH:AB.ko Attachments: State Historic Resarrces Inventory Form Landmrks Application Photographs C&cararm • ♦nr&IV81c LAg0sAgH DESIGNATION '. HISTORIC, MINT O7 INTEREST DESIP-ATION 7. Locatlos sketch map Was, k label site And surrounding &treat■, roads, and preclusat landaatks)s B. APDroxintats property else, Lot Site (in fast) Trostago fronironL -1SQ DcpFh 32 an .• rnF °dC. or approx. acreage !U B. Conditfont (check use) a. Excellent__ b.- Good 1 e. Tais_.d. Dstsrloratad_ s. No longer in existence_ 30. IS the features a. Altered?_,_ Is. Unaltered? 11. Surroundinget (check =to that ose it Ascsaaary) a. Open land Is. Residential 1 a. Scattered buildings��a d. Densely built- up_�.__l e, Corst-is -1 ,y f. lnausbtal r _ "• _ ,_L—BSatorio Landmark Histoilo Point ot- IeLisit F §" IDEN7771CATION 'n I• Coon Names RRMrMt Neu Rlotorle Heys If ksosas_ {paxareM rMrh1 Roberds NLe F ' S. BtnK or Rural Addtust _7701 Amt hest Awomw t city, pancao Cuamon9a Zipf 91701 — Ccant73 SB �. Asseeeor'a pasusl go.__70i -161 -0t Zane MI Lagal Descriptions _SUC NO ASSII - Alta t •ori 1te �e e. Present Dsears it tune t_p111s Rebe=ls Addrese:7201 Arethrzt Cit7t Rnch CuM Zips 170 _ Oasrablp in public it priyats�_ ? B. Prevost Uset_ S1n91a ias/f7 Restdenc0 Orlginai Uses Church Otbor put uses, DESCRIPTION e. Briefly dseorlbe the pnneat Is steal a &roses of the site or structure add describe MAY r or a term - cos sa Its original cendltionf_ lee State Hlstorb p• ou•c In ens r t 717 t Cra/time style Musa with horlxonhl saod zfol O BaMly Iatble because Of dense landsuptn7. 7. Locatlos sketch map Was, k label site And surrounding &treat■, roads, and preclusat landaatks)s B. APDroxintats property else, Lot Site (in fast) Trostago fronironL -1SQ DcpFh 32 an .• rnF °dC. or approx. acreage !U B. Conditfont (check use) a. Excellent__ b.- Good 1 e. Tais_.d. Dstsrloratad_ s. No longer in existence_ 30. IS the features a. Altered?_,_ Is. Unaltered? 11. Surroundinget (check =to that ose it Ascsaaary) a. Open land Is. Residential 1 a. Scattered buildings��a d. Densely built- up_�.__l e, Corst-is -1 ,y f. lnausbtal r _ :..rm {a c 12. Threats to site$ • Bonn knoaa__ b. Private developc•at__ C. Zoning---.L- Public Works project__ •. Vandalism t. Other _ S q 13. Dates, Of •scloud pbotalrapbU)_ b:O -1 son$ The tollowlug (It•eia 1e -19) are for armatures only. le. Primary ext•tior buildtat saterlal$ a. Stoll s�_ b. Brick o. Sincco _ d. Adobe__ •. Wood f t. Other 1S. Is the Stmatnaro: a. On its crlWlnal site? b. Moved? x C. Unknown? Is. Tear of initial Coastroctlon$ This Date !s$ A. Iwtual__— b. $stinted 1910 17. Architect (If )mows)$ IS. Builder (it hnan), IB. Belated Ivtttrw$ a. Ban b. Carrtatm house o. Oothonv d. abed(s) e. formal Oardeo(s) I. V10d2111 W. Watertovr /tankbouss b. Other .srsp. 1. Baas BIGNI /ICABCE 20. Briefly Kate historical and /or architectural 1.POrtaate (include dates, evvu, and P•rsoAS escalated 11th the alto When knon): See itat• klstorir, resources Im to fom. This bu1141 1 1 :t s a Rusrene Church cored free AMMbatd AYtme by the Roberts family wlm, they outprorw their small Acme. 21 B2111 thher of the historic resourt•: (WWjVM&LS Unj A. Architecture x b. Arta A Lobule c. Ecauomlc /IOdustrial d. Oovrnment e. Explorstlou /Settlement x f. 11111tasy B. Religion b. Social /Education 22 Sourcaat Liat Looks, documents, aurveys, personal lntervlews, and their datea$ FINd obsenetlon. Stet x s Iorm 22 Date fors prepared eyr lose By Addree ■t CAty: zip, v Phone: _ _ OTWAaaet$nat C1 ty of Rancho Cuc,4n. X33 i 13. Condition: Exmllmt,_Good —L'nL Felt. Den-fonpd �, No longs, in eximmca 14. Mentions: - rnnvarelmn f n rh,,,,h r 11 [ e 14 Sunbmdngs: (pack room dun oM if necesnrv) Opan Imd .Sboend buRdkps __ Dewb/ buatvp TT Rnkfmtial_&L(Induttritl CommercWl Dow• id Thnam to site: NaM known NMpdsxppnent� ZenLq_ VwuWis s FW IC works MIM Other: 17. Isthe«m *: On ipblginai sitd_ Mo W?1 ty Ikn)eown7 18. Rsiated featum: SIGNIFICANCE IS. gNelly Nte hwtwiW n0 /or anniteawai lmpen�nq (kduds da[n, ermp, end pnom astodated with the IIW The Roberds, Harrj and Rills, are significant in the local community. They built the first hone within the tofmsite of Alta Iona, on the site of this current ctructuree During the late 1420'x, they poved:thb o= lginal Fauea farther south on Amethyst. They purchased the old Nazarene church building, located approximately a rills from this site on Archibald, and had this building moved to its present cite. Here it was remodeled into a residences and is cull owned by Rill& Hoberds. It was not daterminad if the oriGi al three room house is still in existence, it appea^s that it may have been destroyed for a street right of way. This street is named Roberds Court. 30. Main theme of the hinork nsourp: (If men thm oM u decked. number In order of Importance.) ArNitemun Area Lelsun Emnomk/Irduetnsi _Eadorrtlonf5enlrnent :(X Gowmment Millury Religion Sodas /Educafirn 71. Sluices (Lin book,, dowments, swrsrys, personal interview and thW drtn). The Hastory of Alta Iona, Callforole, by ('8rtha Gaines Stoebs. San Bernardino County ',GSOs3or .eecorl's 22. Oata form prepared gY (name) t:=, d.'.., 11 - Organiutkon Addnu: arf Lp Phony: rocaponal Meson mop Mew and label site and surrounding nreep, tosdL and ptominmt landmttks): 53 5Z S17F LOCATIOA! W01 AME7NYST t 4 El �i �r Z � W ROBERDS -OUeT 3 m V BASE LINE STREET r NX)m CITY �OOyF-� R,A vN -l�.! CUCAIMCINGA rrE%I, TITIEs -90bec4,s )Aouset 7 o 146e+lvo HISTORIC PRESERVATION EXHIBIT SCALE, COMMISSION_ DATE: TO: "am: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF ,REPORT July 7, 1988 0019j Chairman and ilembers of the Historic Preservation Commission Larry Henderson, Senior Planner Arlene Banks, Associate Planner A PROPOSAL TO DESIGNATE THE ROBERBS HCUSE 7201 AMETHYST I. CACKGROU11): The proposal was on the June 2, 1988 agenda of the that the public hearing bye continued oethat they could assess the effects of landmark designation on their property. Staff sent additional inforlation to Karen Nest, a member of the familys haamila •coPY spoke the staff report. Lhee0rdlnance�,be�d lnforsation an investment ax credits, facade easements, adaptive reuse permitted in the City's Code, the Milis Act, and the Historic Building Code. II. RECOMMENDATION: Staff again recommends that the Historic reserva on ission recommend to the City Council that they Landmarkefor U,eoreasonsostated inithAmethyst e t. 19nu�e, staff report. Respectfully submitted, J. Henders�yM1 Senior Planner LH:AB:te - s3y r BASELINE :GOAD \CRTH CITY OF 537i,EM, RANCHO CL:CAMONGA TITLE, QabexAs PLANNING DIVISION EXHIBIT SCALE-.� AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ARNER, STAMM, BANKS, COOPER, HASKVITZ, SCHMIDT NONE / BILLINGS -- carried C. Arlene Banks presented the staff report. Chairman Schmidt opened the public hearing Hearing no comment, Chairman Schmidt closed the public hearing. Commissioner Stacra expressed concern er the use of wood on the roof because of the termite problem. Commissioner Banks stated she d s not like to make a decision without the owner present, but did not wa to keep continuing the decision. Commissioner Arner moved t recone:end approval of a Historic Landaork Designation of the Sta Ingham House to the City Council. Commissioner Haskvitz seconded the ion. The motion carried by the following vote: AYES: COM4IISSIO RS: ARNER, HAS<VITZ, BANKS, SCHMIDT HOES: CO:MIS ONERS: NONE ABSTAIN: CON SSIONERS: COOPER, STAMM ABSENT: "S" 'S* BILLINGS -- carried 0. A PROPOSAL TO DESIGNATE THE ROBERDS HOUSE, 7201 AMETHYST AVENUE ORIGINALLY Arlene Banks presented the staff report. Chairman Schmidt opened the public hearing. Ron Roberds, grandson of Will Roberds, stated that they would like to rejuest a continuance to the July 7, 1988 regular meeting to review the Ordinance requirements and to WIT. it over to their attorneys for review. Chairman Schmidt closed the public hearing. HPC MINUTES -4- 63? JUNE 2, 1988 it S ■ Commissioner Stamm moved to continue the designation of 7201 Amethyst Avenue to the July 7, 1988 regular meeting. Commissioner Banks seconded the motion. The mrotion carried by the following vote: AYES: COMMISSIONERS: STANK, BANKS, ARNER, COOPER, HASKVITZ, SCHMIDT HOES: COK41SSIOIIERS: NONE ABSENT: CONl455I0NERS: BILLINGS -- carried * f * * * * E. A PROPOSAL TO DESIGNATE THE Arlene Banks presented the staff report. Commissioner Haskvitz questioned if the owner s correct that the property is Commercial property. Arlene Banks stated that it is not now. Larry Henderson stated that the chances this be.oming a commercial site are very slim. Chairman Schmidt opened the public h ring. Hearing none, Chairman Schmidt closed the public hearing. Commissioner Haskvitz moved to r end approval of the Jamison House, 8204 Archibald Avenue a Historic Lan rk to the City Council. Commissioner Cooper seconded the motion The motto carried by the following vote: AYES: COMMISSIONERS: VITZ, COOPER, STAMM. SCHMIDT, ARNER, BANKS NOES: CO�IISSIONERS: NONE ABSENT: COMMISSIONERS• BILLINGS -- carried Chairman Schmidt re essed the meeting at 8 :30 P.M. and reconvened the meeting at 8:35 P.H. F. A PROPOSAL DESIGNATE 9370 ETINAASA AVENUE. THE ETINANDA GRAPF PRnmrrTc Arlene Banks esented the staff report. Chairman Sc idt opened the public hearing. HPC MINUTES -5- -j c� JUNE 2, 1988 Hs. Sierra stated that it will take some Limn obtain an appraiser and that the appraising procedure will take longer n a three rmek period. Acting Chairman Banks closed tile publi nearing. Commissioner Haskvitz moved to co inue the designation of 7125 Amethyst Avenue, the Alta Lama Citrus cation Packing House, to October 8, 1988. Commissioner Arner seconded a motion T..e motion carried by the following vote: AYES: NOES: HASKVM, ARNER, BANKS, COOPER, STAM NONE ABSENT: ,MMISSIONERS: BILLINGS, SCNIIDT -- car�fed ♦ * * * b C. A PROPOSAL TO DESIGNATE THE ROBERDS HOUSE, 7201 AMETHYST AVENUE. A Arlene Banks presented the staff report. a Acting Chairman Banks opened the public hearing. j; Bob Herrick, attorney representing the Roberds family, stated that one of the concerns of the family is the land surrounding the house. He questioned if the land is part of the designation. Larry Henderson, Senior Planner, stated that the designation applies to the legal desc•lption. He stated that th;y would need an alteration permit and parcel map to subdivide the property. W. Herrick stated that the family opposes the designation for a nrrdrer of reasons. He stated that they do not agree with the findings in the staff report. He stated that they are concerned with their ability to develop the property. He stated that they feel there is no historic significance. He stated that the Commission needs to consider the economic impact on the family if It is designated. He stated that they would be happy to provide the Comission with a formal appraisal. Comissloner Arner stated that staff felt that the house was significant because of the people that lived there. Mr. Herrick stated that he felt that that was not sufficient enough to warrant the designat' n. He stated that the significance of that historical connection is somewhat obscure. Commissioner Stama stated that it is not obscure. She stated that this house along with one other house is indicative of the whole history of the village of old Alta Lama. She stated that Mrs. Roberds was very important in Lie community and that the house 1s a symbol of her. HPC HINO7ES - -3- 5yo JULY 7, 2988 yr Hr. Herrick stated that Hrs. Roberds did not wish designation. commissioner Cooper stressed the historical significance of the Roberds family. Hr, Ron Roberds, grandson of the Hrs. Rtila Roberds, expressed his opposition to designation. He stated he was concerned about the resale value. Acting Chairman Banks closed the public hearing. Commissioner Stamm stated that she would like to retain the identity in some way, Acting Chairman 84, '9.ated that this house can not be seen from the street. She stated ": .)t ehe cannot tell if this house is attractive enough that someone would want to use it commercially. Commissioner Stama stated that it has cultural value, maybe not historical value. Commissioner Haskvitz stated that maybe the designation could be reduced to a Point of Historic Interest. Staff concurred that this could be done. Mr. Herrick consulted with his clients and stated that the family would be honored to have the Point of Historic Interest designation. �removed rHiststhe l tConile, Roberds Hous, asaPoint Of oricInterest to C y Council for approval. Commissioner Stamm seconded the motion. The motion carried by the following vote: AYES: CO.4ISSIONERS: COOPER, STAM, HmvrTZ, ARNER, BANGS NOES: COM.4ISSIONERS: NONE ABSENT: c"isSIONERS: BILLINGS, SCMIDT R R R f R R - carried D. A PROPOSAL TO DESIGNATE THE ETINAI GRAPE PRODUCTS CO., 9370 ETINANOA 71EST 71PN- T29�83- Arlene Banks prese/thes eport. Acting Chairman Ba blic hearing. Hearing noone, Acting Chairman Banks cloaring. HPC NIKWES -4- 5W JULY 7, 2988 A 1` 'I RESOLUTION No. 8b -'51 }i x t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO y; CUCAMONGA, CALIFORNIA, APPROVING DESIGNATION OF THE .I! ROBERDS HOUSE LOCATED AT 7201 AMETHYST AVENUE AS A POINT 1. OF HISTORIC INTEREST WHEREAS, the Historic Preservation Co®i :sion has held a duly advertised public hearing to consider all comments on the proposed Point of Historic Interest Designation and issued Resolution No. 88 -II recommending to this City Council teat said Point of Historic Interest Designation be ap,:roved. WHEREAS, the City Council has received and reviewed all input from the Historic Preservation Commission regarding said Point of Historic Interest. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NON. THEREFORE, the Rancho Cucamonga City Council hereby specifically finds, determines, and resolves as follows: SECTION I: The application applies to property located at Assessor Parcel er - 61 -04. following5ECT10' ales blishedoindChapter 2.245 Interest meets Municipal Code: A. Historical and Cultural Significance: 1. The proposed Point of Historic Interest is particularly representative of an historical period and style. 2. The proposed Point of Historic Interest is an example of a type of building which was once common but is now rare. 3. The proposed Point of Historic Interest was connected with a local personality. B. Neighborhood and Geographic Setting: 1. The proposed Point of Historic Interest materially benefits the historic character of the neighborhood. 2. The proposed Point of Historic Interest in its locatten represents an established and familiar visual feature of the neighborhood and community (Ord. 70 S9, 1979). M POINT OF HISTORIC.INTEAEST,- ROBERDS HOUSE August 17, 1988 Page 2 1 SECTION III: Designation of a Point of Historic Interest is exempt from CEjX7k EicTe n, Section 15308). SECTION IY: eased on the substantial evidenca received and reviewed by this aunt an based on the findings set forth above, NON, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby approve designation of the Roberds House as a Point of Historic Interest. + `t S CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 17, 1968 TO: Myer and Members of the City Council FROM: Brad Buller, City Planner BY: Arlene Banks, Associate Planner SUBJECT: A PROPOSAL TO DESIGNATE THE THOMAS HOUSE 7980 VINEYARD, DUO= AFN: I. RECOMMENDATION: The Historic Preservation Commission recommends Rancho CucamongaCouncil landmark nate The Thomas House, 7980 Vineyard, II. BACKGROUND: This site was brought to the Coamission's attention in connec on with a proposed office building (OR 88 -11). Its status on the list of destggdated and potential landmarks is PLL/PSL /PNL, Potential Local Larx'..crk, Potential State Landmark, and Potential National La...asark, live reason for Its significance is its association with the Thmas Vineyards Winery. It was built in 1926 by H.H. Thomas and sold to L.R. Thomas who owned it antil 1941; it then was transferred to William L. Thomas. It is a simple Craftsman - influenced bungalow. When this house was first being considered, there appeared to be a good possibility that the building could be moved onto a site within the Thomas Winery Plaza complex across the street. It appears, however, that the cost of rebuilding the rather hfgh foundation, rewiring and making other changes for commercial use is too high to make moving feasible, according to Rudy Stroink, Project Manager for the Thomas Winery Plaza development. The owner, Edward R. Combs, is opposed to designation and to anything that would delay or add costs to his office project. The Commission did not expect that the building would be retained on site; however, the Commission did want to encourage its preservation by encouraging it to be moved. III. HISTORIC PRESERVATION COMMISSION ACTION: The Historic Preservation om ss on vo absent,--to recommend designation of the Thomas House as a landmark. They also included recommended Conditions of Approval in the hopes of encouraging the relocation of the house: - 5`f� CITY CWNCIL.SiAFF „REP R' THDIW HOM-• -., August 17�'1988 Page 2 1. That the house be moved to a suitable location, and the developer contribute toward the move an amount equal to the cost of demolition, or, 2. If the structure cannot be moved, the: a demolition permit, not be issued until building permits are resgy to be issued and a letter received guaranteeing that financing has been securea. In addition, the house should be fully documented with measurements, photographs, and further research. The reason for the second recommendation is the experience with the Klusman House that was demolished .and no project built. These conditions are reasonable in that the demolition of a Mstorically significant stricture is considered an environmental tapers under CEQA (California Environmental Quality Act), that must bit mitigated unless an Environmental Iaa�pact Report is prepared and r statement of over riding consideratlans adopted. Therefore, these two conditions could be used as mitigation measures for a Negative Declaration for the office project. R t '1 ad Bu BB :AB:mlg Attachments: Historic Pmvservation Coamicsion Staff Reports Site Plans Resolution t.• ■ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: June 2, 1988,E T0: Chairman and Members of the Historic Preservation Commission FROM: Larry Nend:lrson, Senior Planner BY: Arlene Banks, Associate Planner SUBJECT: A PROPOSAL. TO DESIGNATE 7980 VINEYARD, THE THOMAS HOUSE,•A HISTORIC LANDNARR - APN: 207 - 102 -09 I, ACTION REOt1ESTE0 That the Historic Preservation Commission e�na RE 111063S House a Historic Landmark. II. SITE DESCRIPTION: A. Location: The site is located near the southwest corner of San Te-r—na-rdTho Road and Vineyard; it is north of the Thomas Brothers Winery. B. Site Land Use - Zoning-- Go oral Plan Designation.- The site is a s ng a famliy house. its zoning is ermined by the o Specific ses d in CC lauding drug I tore a' neighborhood /dristrict� level commercialagoods andtservices). for has a Commercial General Plan designation. The site is part of the Foothill - Vineyard Activity Center, in Subarea II. C. Surrounding Land Uses -.Zoning - General Plan Dcsr h:tlon: North - Single family residential; Zoned M, Median Density Residential (8 -14 un4s, per acre) in the Foothill Boulevard Specific Plan, Designated H, Heoiva Density Residential (S -14 units per acre) in the -Land Use Plan of the General Plan. South - Large, mostly vacant lot witt: a residence at the souther; edge; Zoned CC Community Commercial, Foothill Boulevard Specific Plan. General Plan designation is Commercial. East - Across Vineyard the land is currently vacant, but the Thomas Brothers Winery mixed use coemerclai project has been mm approved. The land is zoned CC, Counity m Co ercial. Foothill Boulevard specific Plan. General Plasi designation 1s Commercial. ' S /tom ;1- HISTORIC PRESERVATION COMMISSION THE THOMAS HOUSE June 2, 1988 Page 2 West - Multi - family dpartment buildings; Zoned CC, Community Coaonrcial, Foothill Boulevard Specific Plan. Genaral Plan designation is Commercial. %p D. Descrl t10 The house is a simple and plain Craftsman- ^; n uence n: ngalw with horizontal clapboard siding, exposed rafter tails, a front facing gable roof, and full length front porch, a river rock foundation and rock porch piers. Square posts support the porch roof. There are wood frame sash windows and cornerboards. III. AIUILYSIS: ✓ A. Backgra:nd - Current: This house is on the list of potential 1is3ar c s s an was scheduled for a hearing in 1990. It is •Identified as being of potential stat, and national interest. It has come to our attention because of a proposed office development which would probably lead to its removal. 8. Background - Historic: The house was built by N.H. Thomas in 1575 a n so L.R. Thomas, according to the State Historic Resources Inventory farm. L.R. Thomas owned it until IS41 when it was transferred to Marie J. Thomas who held it from 1941 to 1942 when it was transferred to William L. Thomas. It is one of several structures around the Thomas Winery built and used by the Thomas family. C. _Slgnifiance: This house has sore sfgnifcance because it has noi— ern altered and is an example of a simple Craftsman influenced bungalow. It gains most its signifiance, however, from the fact that it is associatof ed with one of tiw: Brime historical sites in the City, the Thomas Winery, and was uilt by and for members of the family as they built up their vineyar4s and their winery business. D. Ci Policies: The City's general policy to preserve sites of- fils r c n Brest is applicable to this property. It is shown on the Foothill 83ulevard Specific Plan map but the Plan does not mentiun the historic significance of this building. E. Issues• There is a question about whether an office complex cou[d— Im,.rporate a bungalow into its plan. There is also a question about whether future street widening would encroach upon the structure which is already close to the right -of -ray. HISTORIC PRESERVATION COMMISSION THE THOMAS HOUSE June 2, 1988 Page 3 c- If this structure is determined to have historic significance f and is recognized as either a Landmark or a Point of Historic Interest, then under the California Environmental Quality Act, demolition of such a structure would be an ,adverse environmental impact'arel mitigations would have to be proposed ? and implemented to lessen this impact, (or a 'Statement of Overriding Considerations' must be ultimately issued which spells out exactly why the adverse impacts cannot be mitigated b: and states the reasons that the project should go forward =r despite the adverse impacts.) Mitigations could Late the form of adaptive reuse or moving. F. Environmental Assessrmnt: Designation of a Historic Landmark s,• Is exempt from CLQA requirements (Article 19, Section 15308). ., + IV. FACTS FOR FINDIN65: The structure meets several criteria of the Historic reserve on Commission Ordinance. y A. Historical and Cultural Significance: v - 1. The proposed landmark is particularly representative of an , historical style. 2. The proposed landmark is an example of a type of tuilding which was once common but is now rare. 3. The proposed landmark was connected with an important family. 4. The proposed landmark is connected with a business or use whf ^.h was once common but is now rare. B. Neighborhood and Geographic Setting. 1. The proposed landmark in its location represents an established and familiar visual feature of the neighborhood, community and city. (Ordinance 10 S9, 1919). IV. CORRESPONDENCE: This item has been advertised in the Daily epor . as spoken to the owner, Mr. Ed Combs. S�f o { C HISTORIC PRESERVATION COM ISSION THE THOMAS HOUSE June 2, 19CS Page 4 V. lECOMMEHDATION: Staff recommends that the Historic Preservation omm ss on recommend to the City Council that the Thomas House he designated a Historic Landmark. Respectfully submitted, J. Henderson Senior Planner LH:AD:mg Attachments: Resolutions Site Location 5119 _, `9 8 Stall OrCOv.. - Tar R.souro, Af" So, No 1730 — 57 DEPARTMENT OP PARKS AND RECREATION NABS_awAER_toc —SNI No — NRStatus- UTM n T1_4dl7,a_171c,Tn HISTORIC RESOURCES INVENTORY B 0 IDENTIFICATION Thomas ROase 1 comma. name Z Hlnonc name: Th Rat 3. Strut or rural address; 7980 Vineyard Avenue C;rr Rancho Cucamonaa Zp 91730 County San Berrardino County a Parcel numter: 0207- 102 -09 5. prefantowner. William W. Nix —Address: 578 W. Armslev Sauare Cry Ontario Zip 91762 Ow *".p d: Public Pr,rate X B. Preee.t Use: residence orbtmai use: residence (DESCRIPTION 7. Armltecturgatvl.: Craftsman Bungalow Ina. Briefly desenbe the Onwnt Pyrpce /apPeagnce of the ten or structure and dessenbe any major alterations from its ongmal caNlbon: A single story rectangular structure of wood construction. Roof is front gable, with wood shingles Rafters are exposed. Sidin; is wood clapboard. Windows are in groucings of three, of narrow double hung windows located on either side of a fixed double sash Front door is multiple panel with an upper panel of glass and lower panels of wood At.. integrated proch is located along the front of the structure, with rocs base pillars supporting rectangular wood pillars extending to the ceiling and a wood balustrade with an "x" pattern Front porch is of wood with concrete steps extending straight out Foundation is wash rock A small extension is located to the rear of the str-icture with shed type roof There is some mature shrubbery along foundation A separate garage is located to thb rear of the structure, with side gable roof, wood clapboard siding, double hung windows and standard garage door CPR 523 (Rev. 111351 Ssd e. construe to Data. 1926 ea.mmsd Factual 9. Ard,neet UnknOwl 10. Budder N NH N Thomas 11. Approx. P01PmtV site fin feel' Frontage 120 Depth Un ar approx. avepa 17. ostelsl of endoaed phatown"(1) July 1227 11 Condition: Eenllent _Goco _. Fer x Detriangd _. No ton", in eanunce _. 14. Alterations: None apparent 11 Surroundnpe: (Cheskmor4 then one If mcnx" Ootn lard _SUW@d WtWInp x Oaawr buGtvp R4dd4ntlrl x Irdutrlai - _ConvMrWl X -I Dmff: 16 Theaeu to site: Nom known— Private dMiopment x 2cnkq Publie Works project .� pour: 17. ft the r rY @: Cn iu drlgimj @t47 x Moved?_ Unknown? 16 Rusted features: N/A SIGNIFICANCE 10. Briefly tnn hirtoriol end /or rNitechu81 knporunce (bdude drtes, evmtt, and Perranr wadued with the 81144 This is one of several structures constructed around the Thomas Winery that were built and used by members of the Thomas family and by some of the workers at the winery. This particular structure was built in 1926 by H. H. Thomas, and was then sold to L. R. Thomas who owned the structurre from 1926 until 1941. It was transfered to Marie J. Thomas from 1941 to 1942, and then was transfered to William L. Thomas. 20. Main theme of the Airtork return; (If more than one is Cocked. numbw in oroer of tmponer ) ArNwem rs Aru a Lehr Economic/Indurtriel ,�Eetdantlon/Setoamnt Govvrvnwrc MBIu y Raifylon _ SodwEducarfon 21. .SOUd (Lht boo W, domenmu, pevrm pww W intuvhwe and their dueaf. A Field Guide to American Houses,e Virginia 6 Lee McAlester, San Bernardino County Assessor Records; personal inter- view with Ada Cooper, November 1987. 22. Date tom prepared UY&Tbgr 1987 By (nerve) Lynn KerrIlT Organs ation Addnm• city Phone. 5-5-) Londonal sketch map (drew end 1" sin end 4urtounohp trnett, medt. and prominun undnurkt): 0 ' City of Rancho Cucamonga Application for HISTORIC LANDnRL DESIGNATION HISTORIC POINT OF INTEREST DESIGNATION % Historic Landmark Historic Point of Interest IDENTIFICATION 1. Comos Kaki Thomas House Z. Historic Hens, if knownt Thomas House S. Street or Rural Addrasst 7980 Vineyard Avenue i City: Rancho Cucamonga Zips 91730 County: Son Bernardino Assessor's Parcel No._ 207- 102 -09 Zoast�an glpl]L@lvd, Spec. P Legal Description: S" Ftte 1. Present Owner, if knowns Ed Coehs �nAddress: 43s H. reetrai City: Upland Zipt-91786 Ownership lot public privet 3. Present Uses Residence OrlginaLUse: Residence Other past nasal ' - - DESCRIPTION S. Briefly describe the present vhvglcal Appearance of the sit• or structure and describe uy,arsor a t rat pas' rpm its original conditions__ See State fore - A ver9•shmir:jh = W ouM. -e..,s length recessed porch, river rock foundation and porch piers ..A laoboaM siding. T. Location. xketch map (draw A label-9. Approxismts_ property size: alto and surrounding streets, Lot 81se (!n feet) roads, and prominent landaarks)t Frontage ;911 Depth 160 _ or Approx. acreage 0. Conditions (check one) L Excellent_ b. Good_ See State hventory Form e. stir % d. Deteriorated_ e. No longer in existence_ 10. Is the feature; a. Altered?_ b. Unaltered? % C5�1 11. Surroundings: (check more that J v— one it necessary) k' 12. Threats to Site: a. Stan kaoaa_ b. Prtvato davalapmnt_JL C. Eonlmg.L2_ d. Dubuc tort* PrOJeat__ a. Vandalise_ t. Otber- lS. Dates of enclosed photograph(")_ I"? NOTRt The following (Items 14-19) are for structuraa only. le. Primary exterior building satcrlalt a. Bto"m� b. Brick_ a. Stucco__ d. Adobe_ 0. Mood a f. Other 17. Is the Structural a. Ow its original site? I b. Hand? C. Unknown? 19. yeer'of Initial Constructloot 1925 Thin Date let a. Factual f b. btltaated 27. Architect (it known)? 10. Bander (if kaowa)t H.N. Thomas 19. Related Featarest a. Barn b. Carriage house o.•GFCOtue d. Sbed(a) e. Formal Darden(s) f. Windmill C. Natertonr /tmkhouse h. Other 1. Nona SiGNIFICANCR 20. Briefly state hiatorlcal and /or architectural lepartalce (Include data, &waste, and peruse ar*ooiated with the site when known)? Built oy and for the Thomas /asily or Thomas Vineyards (sn State inn "tcry fare 21. Halm thuo of the historic resounet (dbeck only one)t A. Anbltecture b. Arts ► GSeute o. ECOnomlc /Industrial x d. Gov *rmeut e. Eiploratlom/0ettleN*t 1. military B. Religion b. 30c1R1 /Education 22. Sourcnt List books, documents, surreys, personal Interviews, and their dater 23. Date tore prepared Nay. 1988 By (mame)i Arleta Banks _- Addreins Cityr Zip, - Pbanet _ - Oraanitationt City of Rancho Cucuonaa CITY OF RANCHO CUCA31ONCA STAFF REPORT DATE: July 7, 1980 MML TO: Chairman and Heaters of the Historic Preservation Commission FROM: Larry Henderson, Senior Planner BY: Arlene Banks, Associate Planner SUBJECT: A PROPOSAL TO OESIGNATE THE THOMAS HOUSE 7980 VINEYARD I. BACKGROUND: This item was continued at the June 2, 1988 Historic Yr .erva on Commission meeting. The Commission wanted an opportunity to consider the relationship of the house to the proposed Site Plan and to see how the widening of Vineyard Avenue would affect the house. Attached is a copy of the existing site plan, elevations, grading Plan, landscape plan, and the proposed site plan. The existinhouse and garage would have to be removed to execute the plan as sham. According to Engineering staff, widening of Vineyard Avenue would leave an ample parkway in front of the house. The proposed office structure is even slightly closer to Vineyard. II. UPDATE• The Thomas Winery Plaza across the street from this house lincludesaaneadaptiveorreuseeof the existing buildings as welltashnew construction. The project manager, Rudy Stroink, is considering a number of questions about the cost of moving, the feasibility of renting the space, parking spaces, and other considerations before he can recommend such a move. The owner of the house. Ed Combs, is opposed to agything that could delay building his project. IiI. RECOMMENDATION: Staff still recommends that the Historic reserve on ission recommend designation of the Thomas House as a landmark because of its association with the Thomas family as explained in the June 2. 1988 staff report. Furthermore, staff recommends that the Historic Preservation Commission recommend to the Planning Comsission that they condition their approval of the design of the proposed office buildings with one of the following: I. That the house, and if possible the garage, be moved to a suitable location off the property, such move to be partially funded by the developer (at least S high end cost of demolition). 55f 0 LAW='- n WAS HWSE 1988 - a1 2. If after a good faith effort there 1s no place to y which to ague the structure(s), that a permit for deeo11tion cannot be issued until building permits 4 for the project -are ready to be issued'and a letter f 1s received by 'the City Planner guaranteeing that financing for tha' project has been ,secured., The Thomas House must be fully documented wits Photographs. drawings, and further research by a professional historic preservation consultant to create as complete a record as possible of the building. Respectfully submitted, f- Larry Henderson Senior Planner LH:AB:te Attachments: Site Utilization Nap Building Elevations and Sxtion Conceptual Grading Plan Conceptual Landscape Plan Site and First Floor Plan . v w ■ z� u r I ss(� t KAKU =+wtl Ntlttlll Af 4 tYItLL AM 6.."% tL Y E�Eell EI f wit. a e -•� _ - 55$ ^) ,� } 11 OO, MMES OF�E`/�O MD ImU N A7 NC.[LTW..L WU ka EI ! i le I " ! 1 1 I I� I Sa f�i ¢ " COMBS OFFICE BUI1011 �►um mcrvnc� turouu m n Cnmut AM vt.uq q ■ 4. i p D MEDRAM F193000MAL X, f Pil .71W� \4hprrAF17 www. w w.. 1 f s le, 9 �olrrH CITY OF <? `CHO CI:GL�IOi�f,� rlENIS _ IPL T ru: Thomas }Ouse PLANNING DIVISION + EXHIBIT • - SC,1LE: 'a r 5 Acting Chairman Banks st/BILLIMS, that the idea of moving the rn was presented to the Etlwanda Historical ty, but it is really too b She stated that maybe they Could design ew barn as a replica and se the siding from the barn. She stated that ss concerned over the t limit given by the Water District to move thrn. Arlene Banks stated that as her understand g that the 30 to 60 days was to decide if the Etfwanda torical Society s interested, not to make the :, rangeaKnts. Larry Henderson stated the Water Di rict is concerned about liability if there was a fire. Commissioner Amer mewed comen designation of 9770 Etiwanda Avenue, the Etivanda Grape Products Cas a nt of Historic Interest to the City Council for approval. Cosione Haskvitz seconded the motion. The motion was carried by the followote AYES: COMMISSIONERS: ARNER, HASKYITZ, ARM, BANKS, COOPER NOES: C@KISSIONrrNONE ABSENT: COMMISSIONER BILLINGS, SCHMIDT Arlene Tanks questio documentation of the Th e Commission conq(n : t + r ► s E. A PROPOSAL TO nr! - tarried the ramafssion agreed with staff as to Arlene Banks presented the staff report Acting Chairman Banks questioned If the City Council Resolution would be able to include the two recommendations to the Planning Comission. She stated that she wanted the City Council to be aware that the Historic Preservation Commission is aware of owner opposition and is taking mitigating measures. Larry Henderson stated that the City Council would receive all copies of the previous staff reports and the Historic Preservation Commission's recocm- ndatfon to the Planning Coomissfon. Arlene Banks Rated that this item would first go before the Planning Commission. HPC MINUTES Spa -S- JULY 7, 2988 n Acting Chairman Banks re- opened the public hearing. Hearing noone, Acting ?' Chairman Banks closed the public hearing. s y' Commissioner Cooper moved to recommend designation of 7980 Vineyard, the as a to the Sftamm seconded the motion. The nation carried by the following vote: AYES: COMMISSIONERS: COOPER, STAMM, ARNER, BANKS, HASKVITZ a NOES: CCMMISSIOHERS: NONE ABSENT: COMMISSIONERS: BILLINGS, SCHMIOT -- carried F. A PROPOSAL TO OESIGNAT£ gala aoonu urew■r . Arlene Banks presented the staff report. Acting chairman Banks opened the public John Liao, owner of the property, stated initial review. He stated he is still 1 he worked with the architect to incorp stated he will suffer a big loss with e! will be compensation for his loss. 7v• :at they have presented the plan for opposition, to the designation, but e the house into the design. He gnation. He questionad if there victor Palos, architec!tfn lan Design, architect for this project, stated that it was unfortunate en was not awere of the possible designation before he purchased the d submitted the first site plan for review. He stated the density cann imized with the house left on the property. He stated that a better could be done without the hone. He stated it will become an economic p trying to incorporate detailings from the existing house. Acting Chairman Banks ce public hearing. Larry Henderson stated esponse to Mir. Liao's question, the City has no mechanism for fi/Out 51 compensation to the developer. Brad Buller, City Pr, stated that the majority of developments with a maximum of 14 dwellnits per acre usually get about 10 -11 dwelling units per acre, which is 75% maximum density. Acting Chairman Ba ated she would like to see the four units in front of the horse be moveFfor better visibility. HPC MINUTES S�3 -6- JULY 7, 2988 w�h ;'�..a•C•a.Fa- •n.... roe - ., ... RESOLUTION NO. 9 � - 1511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO - CUCAMONGA, CALIFORNIA, APPROI'ING DESIGNATION OF THE y THOMAS HOUSE LOCATED AT 7980 VINEYARD AS A LANDMARK z WHEREAS, the Historic Preservation Commission has held a duly advertised public hearing to consider all Comments on the proposed Landmark � Designation and issued Resolution No. 88 -13 recommending to this City Council that said Landmark Designation be approved-. WHEREAS, the City Council has received and reviewed all input from the Historic Preservation Commission regarding said Landmark Designation. f:- WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW. THEREFORE, the Rancho Cucamonga City Council hereby specifically finds, determines, and resolves as follmis: 3 SECTION 1: The application applies to property located at Assessor Parcel N er - 02 -09. SECTION 11: The proposed landmark meets the following criteria establish-ed-5-M-pter 2.24.090 of the Rancho Cucamonga Municipal Code: A. Historical and cultural Significance: 1. The proposed landmark 1s particularly representative of an historical style. 2. The proposed landmark is an example of a type of building which was once common but is now rare. 3. The proposed landmark was connected with an important family. 4. The proposed landmark is ccnnected with a business or use which was once common but is now rare. B. Neighborhood and Geographic Setting: 1 The proposed landmark in its location represents an establish and familiar visual feature of the neighborhood, comminity and city. (Ordinance 70 S9, 19/9) SECTION III: Designation of a landmark is exempt from CEQA (Article 19, Sect on 153081. vsPY CITY COUNCI 'RESOLUYIOM THE THOMAS HOUSE F August 1 ?, 1988 page 2 SECTION IV: Based an the substantial evidence'recefved and reviewed by this UORTFERT—and based on the findings indiAgs set forth above, .1 NOW. THEREFORE, BE IT RESOLVED, that the R&,% 110 Cucamonga City Council does hereby approve designation Of The Thomas Mouse se as a landmark. it CITY OF RANCHO CUCA 1ONCA STAFF REPORT DATE: August 17, 1988 TO: Mayor and Members of the City Council FROii: Brad Buller, City Planner BY: Arlene Banks, Associate Planner SUBJECT: A PROPOSAL TO DESIGNATE THE SITE OF THE LTIWANDA GRAPE AVENUE, A POINT OF CIS RIC I. RECOMMENDATION: The Historic Preservation Commission recommends Vaif-Ve--W Council designate the sito of the Etlwanda Grape Products winery as a Point of Historic Interest. II. BACKGROUND: The winery was on the list of surveyed properties and Tren-ETfW as having potential local, state, and national significance as an example of a small, family -run winery. It was selected for review as part of the Commission's program to designate landmarks in an orderly manner. The buildings in the complex twenties, thirties, and fort the property, until It was There are tunnels under the Prohibition era. There is a matching garage, a typical industrial type buildings thi house where grapes were wei! that served as the pool house constructed in the late teens, the Colombero family who owned to DOW Chemical in the 1960's. ings that were used during the 3man- influenced bungalow with a fornia barn, a pair of long d the fermenting tanks, a scale and a small concrete structure The property is currently owned by the Chino Basin Municipal Water District which plans to construct a regional wastewater treatment plant an the site. This will, of course, necessitate demolition of the buildings. However, the siding and some of the lumber from the barn will be salvaged by Jim Clark and other volunteers to be used eventually to construct a barn next to the Chaffey -Garcia House. The Water District has been very cooperative in helping with this venture. The District has concurred with the proposed designation and understands that the Commission would like a commemorative plaque about the Colombero family's winery to be placed at an staff plant to document atheisitesfurther with photographs and we hope to tape an Interview with Mr. Colombero at the site. ,e CITY YCOUNCIL STAFF REPORT POINT OF.•HISTORIC_INTEREST ETINANDA -GRAPE PROD. August 17,- -1988° Page 2 III. HISTORIC PRESERVATION Co711ssI0N ACTION: The Cowission voted S -0, a sen , recewen n o s cric Interest designation for the site. Resp�;ry l s to r City er BB :AB :te AttacMents: Historic Preservation CoasslsSion staff Reports Site Plan Resolution of Approval L7 3 2 E I DITD ON LOT 1 1 ` PRODUCTION DULODIOD E = — �l xousa OARADXJ DARN W 2 W D 3 W 4th STREET V v NORTH CITY OF rl'EMI RAuNCED Ci:CAANIONGA Tnul _E-:rlwAt DA E ,ZnR- EgcD r Ts K AINN 'CSC DR%ION EXHIBICs SCALE _ f DATE: TO: FROM: BY: SUBJECT: a n1m nnn A♦.nrfn nr.n. v....n. STAFF REPORT June 2, 1988 Chairman and Members of the Historic Preservation v Commission rry Henderson, Senior Planner Arlene Banks, Associate Planner iss �j�'• 0 A PROPOSAL To DESIGRATE 9370 ETIWAHOA AYENUE THE ETIVANDA GRAPE PRuDM73-Cft-,—,"TSMTC I. ACTION REQUESTED Although this has been advertised as a hearing ar landmark designation, staff thinks because 0 the location of this winery and its condition, it should be designated a Point of Historic Interest. TI. SITE DESCRIPTION: A. Location: The Etiwarda Grape Products Company is located on VFe wed side of Ettwanda Avenue, epproximately 2 300 feet north of 4th Street and cppos+te Gate No. 8 of the o.! Kaiser Steel facility. The buildings are on 2 or 3 acres within a 150 acre parcel. Staff is defining the site as the collection of buildings. B. Land Uses - Zonin - General Plan Dest nations: Some of the buildings appear a currently used iouz ng and others to store old equipment. The land is zoned ISP, Industrial Specific Plan. It is within the Feavy Industrial category, Subarea 15, of the Plan. This category allows the City's heaviest industrial uses and pe-mits massive outdoor structures and unscreened open air storage. A high degree of rail usage is expected in this category. Less intense uses such as offices or motels are not permitted. The General Plan designation is Heavy Industrial. Tie site is planned to be used as a sewer plant for the Chino Basin Municipal Water District. C. _Surrounding Land Uses - Zoninn�gg� G�eneral Plan Desi nations: 7�i s a sma area within a parcel o near y acres. It is surrounded by a vineyard which has weeds growing around healthy looking grapevines. Worth - Grapevines - Industrial Specific Plan - Designated Heavy industrial in the General Plan Land Use Element S� � HPC STAFF REPORT ETIWANDA GRAPE PRODUCTS June 2, 1988 Page 2 South - Grapevines all the way to 41h Street. Zoned Category 14 In the Industrial Specific Plan and designated General Industrial. this is a slightly lighter industrial category allowfnyy light to medium uanufacturing and wholesale, storage, and distribution uses. A plan for the West Valley Detention Center is row being considered to be located adjacent to the future sewer plant. East - This portion of Etlwanda Avenue defines the eastern edge of the City. ArroSt the street Is unincorporated County land which 1s within Fontarv-s Sphere of Infiuence. It vas formerly Kaiser Sttol Gate No. 8 and is now G -W Manufacturing. hige transmission towers dominate the landscape as they go toward the Southern California Edison facility north of 6th Street on the west side of Etlwanda Avenue. West - Grapevines - Zoned Industrial Specific Plan. This is within Subarea 15, Heavy Industrial and is designated Heavy Industrial on the General Plan land Use Map. 0. _Descrt tion: The cluster rE aTEsm-nfluenced bungs house, a large barn, a simulated sto.m extension, warehouse buildings, one Products" on the front. siding, a side facing clip roof over the front porch front door. It appears tc needs paint and maintenance buildings on the site include a . a rectangular concrete block Se with an attached, concrete- d a pair of long concrete block F which says "Etlwanda Grape e wood frame house has shiplap gable roof with a clipped gable tripartite windows flarking the structurally sound, although it The concrete block house to the south also has a clipped gable roof and has a swimming pool in the front yard. The barn is covered with vertical board and batten wood siding and has a central dormer extending the entire lenW, of the roof. It 1s a good example of a "California Barn." The warehouse buildings have a Mission -like stepped parapet on the front facade. The building is mainly concrete block with a corrugated metal rear portion. 576 HPC STAFF REPORT ETIWANDA GRAPE PRODUCTS June 2, 1988 Page 3 The property has tali concrete block walls along the north side and along most of the front except for a driveway opening, at the end of which is a garage that matches the wood house. Thus, most of the buildings are visible only for a moment as one drives on Etiwanda Avenue. Overall, the property is poorly maintained and is In deteriorated condition. II. AWALYSIS: A., Back round - General: This property was on the list o! po en a an r s and was selected as part of the City's Program to designate its landmarks in an orderly manner. The property was owned by the Colombero family until it was sold to Dow Chsrlcal Corporation around 1960. In a friendly condemnation, it was purchased by the Chino Basin Municipal Water District for a future sewer plant. The winery buildings will be torn down. B. Background - Historic and Architecturdl: Records in the file indicate that the prope was own in the late 1920's by Antonio and COnstanza Colombero and to the early 1940's was owned by John B. and Anthony Colombero. In an interview with Mr. Secondo Colombero, he indicated that the information on the state inventory form and In the EIR were incorrect with regard to dates. He said that the house was built in about 1921 or 1922 by 'ohn Strona, a Pomona contractor who was his mother's brother. Secondo was born in 1925 in an Upland hospital. He and his two brothers and sister spent their childhoods at the Ettwanda Avenue property. The family [lad been barrel ma north of Milan. His grandfati United States. He worked long Winery and made enoug!: money family. Secondo's father, Winery. John and his father I Etiwanda north of 4th Street allowed -them to purchase a bit brother, Anthony, shared the lar rs in Italy in a small town Antonio, iaraigrated to the urs for low pay at the Guasti D send for the rest of the in, worked for the Guidero tonio) purchased the land on ram Armstrong Murseries who : a time. John and later his with their father, Antonio. The handsome barn was built in the late teens. When prohibition was enacted, the budding winery literally went underground and became a bootleg operation with facilities for crushing, processing, and fermenting grapes hidden army in tunnels and cellars under the house and garage. 671 RPC STArF REPORT ETIWAHDA GRAPE PRODUCTS June 2, 1988 Page 4 The family legitimately made grape syrup and sold it with a kit containing yeast to turn the syrup into wine. A vacuum machine used to extract the grape concentrate was modified by the ingenious John Colombero for distilling alcohol to make brangy. When prohibition was over, the family was able to resuee business as a legft• mate winery. John Colombero built ne northeast concrete block building and later, with his brother Anthony, built the second one. The rear metal portion was used for fermentation. A 62 foot distillery was also on the property, but was blown down. The cement block building south of the house was a 'scale house' used for veighfng grapes. It later was used as a poolside house. The State Historic Inventory form states that the group of structures is a good exaWle of the typical family owned winery established after the repeal of prohibition. This winery sense of location thensmall winery.' The architecture of the buildings provide ggood examples of a bungalow, a Calffernia barn, ind mfssion- influenced industrial buildings. C. St nfffcance: The Colombero's Etiwanda Grape Products winery s s gn cant because it represents what no longer exists: the small, family owned winery. Since it is still surrounded by grapevines, a sense of what it once was is still maintained, although the buildings are in dire need of repair and the grounds are filled with assorted debris. D. Issues: Because of the condition of the buildings and because Me are within an area slated for a sewer plent, and are adjacent to a County detention facility, staff thinks that that Point of Historic Interest designation is more appropriate than •._ Landmark designation. The possibility of moving the barn or being ptl ced at San apelsewhere priated spot Possibility should be iscussed lwlitth the Chino Basin Municipal Water District. E. Cit Policies: The City of Rancho Cucamenga's General Plan supports preservation of wineries currently in operation, but since this facility is no longer a working winery, the policy associative) ties) with thhe pastaandlto developpelments tofnthe City's built forts which provide a sense of its origins and history. This winery, in another location, could very well help to implement these General Plan policies, but it does not fit in with the largo scale design and accommodation for 57-�- HPC STAFF REPORT ' ETINANDA GRAPE PRWBCTS ry dune 2, 1908 Page 5 7 r t 0 railway transportation and large trucks. Assuming that the sewer rlant will go (.,ward, tht winery buildings will be demolished or removed. Even if the sewer plant were not to be built, this heavy p industrial area seems to be less appropriate than other parts of the City for long -term retention of such buildings. The Industrial Specific Plait's Heavy Industrial category provides 'for the continuation and promotion of the heaviest of industrial users which would by nature be annoying to other less intense industrial activities.' { F. En virroonmentaeXessnt :EADrequtrements f ( Arptoiicnit Article 19,Hi5tttton 15308). IV. FAGS FOR FINDINGS: The winery buildings meet several of the cr r a n e r3fnance: A. Historical and Cultural Significance: 1. The proposed landmark is particularly representative of an historical way o' life. 2. The proposed landmark is an exaz;le of a type of buildings which vas once common, but is now rare. 3. The proposed landmark was connected with a local personality. b. The proposed landmark is connected with a business or use which was once common. but is now rare. 0. Heighborho.end 3 rLiic Setting: 1. _ Th. proposed lamkmrk in its location represents an established ar.d familiar visual featuru of the community. Y. CORRESPONDENCE: This itwt has bemm advertised as a public hearing awn nofTeis sant to the owner and to owners within 3u, fPet and staff has met with Hr. Secordo C31omhero. staff has als3 talked to IM. Don Peters of the Chino Basin Municipal Mater District. r�e�» •k rsrua _ -x- WA r �6RAPE Pr RDDUCTS;- 2, I988 6 VI. RECDIQI' ATIDN: . " recommnds that the Historic Preservation Tom ss on recommend _:o the City Council designation of -the Etfwanda Grape - Products CoRagy buildings as a Point of Historic Interest. Staff also recommends that the City communicate With the Chinr Basin Nunfcipal Water District about placing a plaque in an appropriate spot and about the possibility of moving the barn or reeve ing its siding.' - Respectfully submitted, rry Henderson Senior Planner LH:AB:te Attachments: Photographs Site Location Nap Winery Equipment Memo Resolutions ml 5-71/ ■+ r> r s 9370 ET I WANDA AVE. CITY OF RANCHO CL;CANKINiGA 0 R W pall. rrE%r TME: Et word0. Gmrti: %«1v�f� HISTORIC PRESERVATION EXHIBIT COMMISSION S7s- SCALE: Snae or pP.ror.ee —Tee Re.MA so ro 1730 — 29 pfraRTYayT Oe PARKS ANp R[CMUTipN HABS_HAER Loo_SHLNo._�NRSUIUS- UT.lf q 11 -a 80- 3772295 C HISTORIC RESOURCES INVENTORY e D IDENTIFICATION I Common name: Ettwanda Grape Products Company 2. H.ROnp ame: Ettwanda Graoe Pro&e" Cnvnany 3. Street or rural address: 0370 Frlwanda prLRancho Cucarxln0a Zip 01791 County i hral nymbar: 229 - 281 -62 - -� 5 Present Ovmers The Dow Chemical Comnanv — Address: Wn ren.nn Gtv Midland. MI .Tip 4 87d Ownennip C: Pub11O Private xx 9. Present Use: Unknown _Odglnal use: finery DESCRIPTION 78. Aronrteotural style: NIA 7b. Bneny describe the Prturr nybea/appe"Me of the Pte or ttrutture and describe any major afte.nrons from its ongmal and Rion: Site consiStS of a gro-ip of several structures of vatiou- architectural styles .sad building materials Building 1. A single story residental wood structure with hipped gable roof and wood siding in the Craftsman styling Front gable covering porch Multiple sided windows Multiple glass panels Exterior red brick chfimey B- uilding2 S 3. Concrete block ware houses with gable roof with dor.9ers Muittpane glass fired windows Large barn door style entry doors Significant an Building 2 is a large painted sign "Ettwanda Grape Propucts Company" Building 4. A small rectangular concrete block structure that appears to be a pump house located on a srtll concrete reservior Building 5 A rectangular wood barn structure with central dower extending entire length of roof, board and batten siding, three large barn doors with diagonal wood brauny Site is surrounded on three sides by grape vineyards Along north side is a row of eucalyptis trees and along north and east sides are high brick walls D _ _S 7(� a Construction date. 1935 Etumated -ii_ Faeraal g. Architect Unknown to. Budder 1 R A loin. -�n.n 11 APProx. Prollerrr ure (4+ feet) Fmnuga Depth_ or sppra.. acreage 2r .41'1 11 Oate01 Of endosed OhOtO9tmth(a) November 1987 a 11 Comition! Etzlle t _.Owd _ f W oateriortttd �� Nc loner In W ttana ,_ 11. Ahmiiona: — I a. Surtaund -W ((Tack rnon than ow it Mckutryl Gpen land %x Satterad butW np owdv 41tw Residential IrtluaWtl?SE.Gonvrwc i.otjur: Id. Thnatsrodn: lbm kr�.an _.._hwtw.ic+laomaM_•� 2enirn —ver Wn_ Public Works pram xx Odwt _ 17. It mastrucbrra: Or. In orlpimisin7_ 11Me60 _ Unknown? 16 Relatadfaiurw Graoe Vinev SIGNIFICANCE 11 Briefly ttan hlttorinl wellm ardlitan" important, (irrlWt dam a mce. and prom atodated wim the $roar( This group of structures with its assorated grape vineyards is a good example of the typical family owned winery established after the repeal of Prohibition. During Prohibition, most grape growers shipped their friit to eastern markets. Only a small Volume of grapes were sold to people to cake their own Lines for home corsurption. This particulcr winery was kncwn as the 'Etiwanda Grape Products Cmany and was operated by Joe and Anthony CGlulnbero. 1t maintains much of its sense of place because of its lecatton and its surroundingaand represents alexcellMt example of the smell winery. 2M Main metre of the hittork nsourw: lit more than om w check. d. number In order of bnportar,u.) Architecture Arts& Wave EmromkAndunriJxX Fsgwetknro"dament_ Goanvmnt _Military Rttipon SoddlEduution 21. Sourw (Lilt books, docanenta nrr"ays, prsonat bnani VW theb.lnal. "A History OF Etiwanda' by Robert L Ilickcox; San Berardino County Assessor Records L.ocational dead, map (arses and I" sin and Surrounding strata roads. &A pomin landererks!: NORTH 22. Oats form Prepared 25 Sept. 1987 By (rwme) _. L fin Herr in- - oror,iahon Addtm• Sna:eer City yp Prom: S ' ' i „».:. 1 i � 1 .�� �..t "911 • . 3• �' ' . i - _ i• • { 1 •L+iii J.w � ?. • • - P.j I Hh"0 A, H•`MWD'�•.•11i11 -- TEEL r 1 +x. �•� 3ES+►'.°4 PQTr'y,4. RE).— _yr}'!� - r• t : - `�.� . � _ :++`d• 111 :j w,ln T.1'f i r i 1 , y� 1 z�ROdLoC7 SRE �fi • IDE. ouw• t iL d II 6. 2 11 tNViKVNMENiAI IMPACT RE, CRT 41h Street end Eliwando Avenue San Bernardino, Califnm(a Converse Environmental Consultants Califumia 87- 41- 263-01 •w N • r i 1 t r .,� __w�. , - - _ _ +'et= : =._•.�.u„�� •- _. �-..� - ._/ /fir - ,- , -_: r.�,._- a.�.-.�v:� Pobof +C_VhcKCut $9 Sr) WINERIES Following the repeal of Prohibition many of these growers started their own wineries. Previous to that time all of the grapes were shipped to Eastern Markets and purchased in small volumes by people who wire allowed to make their own wine for home consumption. The following wineries were started to the Ettwanda area. although for marketing value they all preferred to be called Cucamonga District. t- C.M.A. Reserve Bottled by Aggazzotti Winery 11929 Foothill Blvd. Big Bear Winery A. 8 V. Campanella Bonded Winery No 23 12601 Foothill Blvd. Cucamonga Top Winery Joe Guider• Bonded Winery 4360 12737 Foothill Blvd. Regina Ellena Brothers Bonded Winery 759 12467 Baseline Road Masi Masi Brothers Bonded Winery 3627 12771 Foothill Blvd Cucamonga Winery A. b E. Accomazzo Rochester Avenue Etivista Winery C. 8 A. Schire 1273 t1 nivA. Ettwanda Grape Product \s J. b A. ColombePr 9370 Ettwanda Avenue Brooks e Francine Winery 12281 Arrow Highway Lytle Creek Winery Robert Lasagna Summit West of Citrus Avenue Haberstrah Winery Frederick b Madeline 12951 Foothill Blvd. J 8 LaFourcade Southwest corner of Rochester b Foothill These wineries bottled a number of wines as list2d below: Angelina Concord Sherry Barbera Marsala Tokay Burgundy Golden Muscat Port Carignane Muscatel vermouth Champagne Riesling Zinfandel Brandy Sautern 57144- w CIIY UI' It. \NCIW CUCAatUNU.\ February 22, 1900 n., ,w., n.. al.lw• rwr,e e,w.w. flrt., nl,l,n -lul iir Seeundo Colombero 1003 E. Balboa Boulevard Balboa, California 92661 SUBJECT: DONATION OF BIG BEAR WINERY EQUIPMENT Bear Mr. rolombcro: This letter is intended to formally recognize your donation of winery notioften thaththe City experiencescciti :ensnas December of thoughtful 1987. as0 Yourself. of Rancho reason, to preserve bSignificant items of the civ,,cpride inamaking Such ia should worthwhile donation to the coamunity• You may be interested to know that the historic Preservation Commission thiscequipment In the eha£fey- Garcia until such time as a replica bpi n str can barn s constructed,bit is their intenttto place the winery equipmenttcn permanent 71 sPi aY• We will, of course, work to acknowledge your donation within the permanent display of this equipment. prioritye onvithe Crete tionCiand fpreservationmorahistoricald a s ihtiegh itesi, buildings, and implements within the City of Rancho Cucamonga, and therefore if you have or know of uny other similar types of items which may be of historical interest, please feel free to contact us. Again, thank you on behalf of the City of Rancho Cucamonga for your valuable donation. Pledse contact Larry lienderson at (714) 939.1061 to arrange a convenient time for City crews to transport the equipment to its_ appropriate location. Sincerely, Lauren Wasserman City Manager LW:te cc. Cucar.Ona it Commission r.rbl will+ t i• x; A Cocasosp Application for IT ffMIC LIROkARIE MIGRATION HISTORIC POlgr or I1Tnwr DWIGNATIO11 "v X Hittorie Laadmrk x HGtoric Point of Interest "V IDUMFICATIM '�I 1. Context Raset_Etbanda from Products Cosoanr - - Z. Ristorie Rum, it Naosat_ CtinnG Graze ProdtcU Camino - R. Street or Rural Atli mess_ .9370 Etitonde AV Ur J t Avg: CUTS Rancb Cmanenas Zlpt 91739 Coestyt 61n eertiaidiro ,=i% Asseamor'a parcel No. Zcaii l.i.p. Subiria 19 "y Gp1 OesarSptiou See Ilin - - - 1. Present Osair, it kao•at Chino Bisis Mo Atltlreest P.D. Sox 697' Cltysgarcb Cucamnga Zips 917]0 OenerYlp is. private S. present Does msldenttal Orlsisal Dbt gildw. wioerr 4 r nets l Other past mass[ DESCRIPTION , 6. Briefly descries the pres..t h elc.l . at— of the alts or structure and descries may or a terat ens ea .4ts orldn.l eondltlmt $te State Inv ento, foe - Agmuo of buildings of ariout styles and materials Lrciuding a bungalm reliance and Sage, a'Califomia Bcrn', and two nmhouse /1naw;rtal buildings: T. LoOatles sketch up (draw Is label B. Approximate property .last cite and surrounding streets. roads, tad prominent landurke)t Lot SSTA (in tseU (in testy Depth or mpprex. acrsep See F1 To B. Conditions (cheek one) a. lscallent_ b. Good__ u. Fair__ d. Csteriorated %, e. no looasVin exlstance_ 10. L the features a. Altered?_ Is. UmaltersdT adere (p oter yea, ' 11. SurroundiaRu (check =to that ono it necessary) A. ores land t _ IS. Residential _ o. Ceatt•rsd buildings__ e' i d. Densely built -up__ ' a. Industrial I , 3 a 12. Throats to shoe a. Moos Mon - b. Private devolopmeat_ c. Zoniag__ d. Public larks pmject i - a• Pandallu_ 1. Otbor_ I]. Dates at enclosed photogrrph(a) , I9& "+ VMS The S011owiag (items 14-19) a» for structures only. ld. Primary exterior building materials a. stone_ b. BHet__ C. 8toeeo d, adobe_ •. Wood Mouse A t. Other Craent slat `„ 15. Is the ltrnotares a. Oe its original situ? — 1 b. .Roved? C. Dnknows? M year of te/tlal Coeatructlons Baro-1917. Ywse -1921. Vinery -1PS! This Date in a. yactual_- b. lattartsd t 17. Architaat (If knows), ' lh. Builder (it knove)s. John 1 Anthony COlastrro - Yeusr built b •.,e.. +... 19. Related !*&tares, a. Bare I D. Carriage honss c. Outhouse d. lbed(m) 1 e. roreal Card*&(,) t. Windmill 9. Waterton /teekhouse b. Other 1. Rose ltCMITICANCE 20. Briefly state historlcal and /or arcbltactcral laportaece (include data$, eveats, and persons asaootatod with the site When knowh)s This tmifles a fnlir -ovned vtnerr, Thr 1010T61M 01111 erase, before, durina, and veil after prohibigim. 21. Main then Ot the historic rea Surnat (check Only ane)$ a. Architecture b. Arts A Leisure c• ECOnoslc /toduntrfal I d. Government a. Exploration /lattlaneet I. Military g. Religion h. loclal /Education ZZ Sourness List books, docutmntl, aungs, personal iebnfew$, and their detest State Vfttor/C r•• Etlw nda Robert Mfcttox. lntervfer vita SecoMO EOloraaro B ft EIR Yest li( ui—yik n an n eTf Z]. Cab fan prepsnd Mar. 1988 By (name)? Arlen& Banks Addreass _ City, Zip,_ Phonn• _. - Orsanlxattons City of Rancho Cuctenn9a r CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 7, 1988 TD: Chairman and Members of the Historic Preservation Commission FROM: Larry Henderson, Senior Planner BY: Arlene Banks, Associate Planner SUBJECT: A proposal to designate the site of the Etiwanda Grape Products Company as a Point of Historic Interest. APW: 229 - 283-62 I. Background: This item was continued from the June 2, 1988 A s55 —ffcc -Preservation Commission meeting. Mark Kinsey, a staff member of the Chino Basin Municipal Water District, requested a continuance so that the proposed designation could be presented to the District's Board of Wrectors. I1. Update: Larry Henderson and Arlene Banks attended the CBMWD Board Ong of June 1S, 1988 at which the Point of Historic Interest designation was discussed. The Board voted to concur with their Staff's recommendation submitted in a report by Thomas J. Homan, Assistant General Manager of the Chino Basin Municipal Water District. The Staff recommendation reads as follows: "Staff recommends that the Board recognize the designation of the structures as a •Historical Point of Interest" and cooperate with the City in the placement of an appropriate plaque commemorating such a designation. This recommendation Is offered with the understanding that such a designation will not constrain nor interfere in the use :f the property for siting and operating a regional wr :tenter reclamation facility. It is further recommended that the District cooperate and assist fr. the City's relocation of any of the structures in the event the City wishes to undertake such a - project. The Board would like a determination within a fairly short period of time on the possible moving of one or more of the buildings. They would like to clear the land well in advance of construction. They were told by City Staff that a determination could be made between 30 and 60 days but that Staff needs written permission to enter the property to b so. The Board was willing to cooperate as long as its plans could go forward and that they would not bear the responsibility of moving the buildings. Their position 1s that if someone wants the buildings they can have them. HISTORIC_PRESERYATIPtlrCOMISSIOW STAFF REPORT ETIWAMDA GRAPE'PRODUCTS July 7. 1988 Page 2 III. CEQA: Building a water reclamation plant is a 'project° under the raMornia Environmental Quality Act. Clearing the lend is a necessary prerequisite for construction. Thus, demolition should x` be considered part of the project. CEQA requires the effects of a r' project on historically significant buildings to be -taken into consideratloA. It 1s conceivable that the Envirornarrtal Impact S. Report that will be prepared for this project would _include mitigations to help lessen the impact of demolishing this old winery such as assistance In moving the'barn or other buildings. Recommendation: Staff's recommendation remains the sane: that s r c reservaticn Commission recommend to the City Council designation of the site of the Etiwanda Grape Products Company as k a Point of Historic Interest. Staff also recommends that the Historic Preservation Commission direct Staff to request permission free the Chino Basin Municipal Water District to enter the property in order to measure the barn and assess its condition, and further, that the Commission direct Staff to document the buildings with photographs and possibly videotape. In addition, an appropriate monweent or plaque should be on the agenda at the time that definitive plans for the plant are proposed. Ill. Correction: On Page 3 of the June 2 Staff Report. in Section It- 13; iFe winery referred to should be Guastl, not Guidero. Respectfully submitted, LarFy Henderson Senior Planner LH:AB:mlg cc: Mr. 3 Mrs. Secondo Colombero Attachments: Letter to Chino Basin Municipal Water District I i �g _. r f a (3* CRY OF RANCHO CUCAINONOA June 22, 1988 304 clue a.. W7. Rr c R CSI, 11?w n111$11+131 Thous J. Noun, Assistant General Manager Chino Basin Municipal Water District 8555 Archibald Avenue P.O. Box 697 Rancho Cucamonga, CA 91730 Dear Mr. Houn: Enclosed is a copy of the Staff Report for the July 7, 1968 Historic Preservation Commission meeting. We respectfully request written Permission to enter the grounds of the former Etivanda Grape Products Coapeny after you have notified the tenants occupyingy the property. The purpose of our visit will be to measure tin buildings and to photograph and possibly videotape the Property for the purpose of historical documentation. Please contact awe at (714) 989 -1861, extension 288 or Arlene Banks at 989 -1861, extension 295 if you have any questions. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION Larry Henderson Senior Planner LH:mlg Enclosure vL DeD{a1!K a. -- Dw.lmlau 1.8.0cu Paywo L weisy g w..1. d Commissioner Stamm moved to continue the designation of 7201 Amethyst Avenue to the July 7, 1988 regular meeting. Commissioner Banks seconded the lotion. The motion carried by the following vote: AYES: COMMISSIONERS: STAMM. BANGS, ARNER, COOPER; HASCVITZ, SCHMIDT NOES: COMMISSIONERS: NONE ASSENT: COMMISSIONERS: BILLINGS - tarried E. A PROPOSAL TO OESIfiHUITE THE JAMISON SE 8204 ARCHIBALD AYEMUE A y Arlene Banks presented the staff r ort. Commissioner Haskvitz question if the owner was correct that the property is Cammerotai property. Ariene Banks stated that it snot now. Larry Henderson stated t the chances of this becoming a commercial site are very slim. Chairman Schmidt oppen d the public hearing. Hearing none, Chairman Schmidt closed the public h ring. Commissioner He tz moved to recommend approval of the Jamison House, 8204 Archibald Avenue Historic Landmark to the City Council. Commissioner Cooper seconded the me on. The motion carried by the following vote: AYES: C ISSIONERS: HASCYITZ, COOPER, STAMM. SCHMIDT, AM. BANGS NOES: oMMIS5IONERS: MORE ABSENT: /COMMISSIONERS: BILLINGS -- carried • ♦ e ♦ o f Chairman Schmidt recessed the meeting at 8:30 P.M. and reconvened the meeting at 8:35 P.N. F. A PROPOSAL TO DESIGNATE 9370 ETINANDA AVENUE, THE ETINANDA GRAPE PRODUCTS Arlene Banks presented the staff report. Chairman Schmidt opened the public hearing HPC MINUTES -5/- JUNE 2, T:988 Mark Kinsey, representing Chino Basin Municipal Water District, explained the background of the proposed project. The District is supportive of the Point Of Historic Interest Desigynation, but would like to continue this until a later date to work with City staff and the Cam :-:ton to further define the goals oard of Directtorss. fie Hstatteed thatvitwiwill take bout ttwot(2hiyearsttotdesign the project with construction to start approximately the year 1990. Commissioner Banks suggested that the barn could be moved to the Chaffey- Ga-cia House site. Chairman Schmidt closed the public hearing. Commissioner Banks moved to continue the designation of 9370 Etiwanda Avenue, The - tiwanda Grape Products Co. to the July 7, 1988 regular meeting. Commissioner Arner seconded the motion. The motion carried by the-following vote: AYES: C"ISSIONERS: BANKS, ARNER, COOPER, HASKYITZ, STAMM, SCFMIDT NOES: COMMISSIONERS: NONE ABSENT: C"ISSIONERS: BILLINGS -- carried G. Arlene Banks presented the staff r ort. Chairman Schmidt opened the pub c hearing. Hearing noone, Chairman Schmidt closed the public hearing. Arlene Banks stated that th /owner wrote a letter stating he would like to speak on the matter, but //wwopuld be unable to attend the meeting. Coamissioner llaskvitz st,3ted that if the CosMliSsion does not know exactly what the plans are, the Cone scion ages nnc tn.... ".a erns _.___ . . . Caamissioner Banks stfited she is concerned about tearing the building down and the office building hot being built. Larry Henderson s4ted that as long as the hearing is in progress and has not been heard by City Council, they cannot get a demolition penmlt. He stated that if t was designated a landmark, the owner would have t. apply for a Alterattamtt or a request to remove the building. He stated that at that time could be a condition placed on It stating that the that could not gbuilding permi t until such criteria has been met. owiter "PC MINUTES - -6- SE17 JUNE 2, 1988