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HomeMy WebLinkAbout1995/12/06 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. December 6, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane WiIliams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda December 6, 1995 NI items submitted forthe City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane , Curatalo Gutierr~;z , and Williams__ B. ANNOUNCEMENTS/PRESENTATIONS C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testknony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. , Approval of Minutes: October 18, 1995 (Curatalo and Willjams absent) Approval of Warrants, Register Nos. 11/8/95 and 11/15/95; and Payroll ending 11/2/95 for the total amount of $2,260,706.60. Approval to receive and file current Investment Schedule as of October 31,1995. Alcoholic Beverage Application for On-Sale Beer and Wine for Jack's Restaurant, C & V Restaurants Incorporated, 8678 19th Street. e Alcoholic Beverage Application for On-Sale Beer and Wine for Arrow Deli, Byung Nam and Yeong le Khe, 10970 Arrow Route, Suite 101. Alcoholic Beverage Application for Off-Sale General for Liquor Land 2, Dalal D, And Khalil I, Dib, 9255 Base Line Road, Unit E. 13 15 17 City Council Agenda December 6, 1995 J Approval of Map, execution of an Improvement Agreement, Improvement Securities, Monumentation Cash Deposit, MWD Permanent Easement Deed and Ordedng the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance Distdct Nos. 1 and 2 for Tract 13890, located on the south side of Banyan Street, north of Highland Avenue and west of the Deer Creek Channel, submitted, by Greystone Homes, Inc. RESOLUTION NO. 95-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 13890, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 95-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. I AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13890 Approval to execute Cooperative Agreement (CO 95-073), State Agreement No. 8-916, between the California Department of Transportation and the City for Construction of a Traffic Signal and Street Widening on Highland Avenue (State Route 30) at East Avenue and authorization of the advertising of the "Notice Inviting Bids" for the project. The City portion of the project will be funded from Account No. 12-4637-9310 for the amount of $65,000.00. RESOLUTION NO 95-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-916, FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AND STREET WIDENING ON HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE 19 21 22 25 26 City Council Agenda December 6, 1995 3 , 10. 11. 12. 13. RESOLUTION NO. 95-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HIGHLAND AVENUE STREET WIDENING AND HIGHLAND AVENUE AND EAST AVENUE TRAFFIC SIGNALS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval to execute a Public/Private First Responder Agreement (CO 95-074, ref: CO FD95-008) between the Rancho Cucamonga Fire District, City of Rancho Cucamonga and MedTrans ('Mercy") for improved emergency medical advanced life support (paramedic) care and on-scene response time through utilization of both public and private resources. Approval to execute an Agreement for Acquisition of Off-Site Property (CO 95-075), Security, and Deposit for Conditional Use Permit 93-46 located at the southeast corner of Foothill Boulevard and Vineyard Avenue, submitted by Arturo Flores and Diana Flores. RESOLUTION NO. 95-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR CONDITIONAL USE PERMIT 93-46 FROM ARTURO FLORES AND DIANA FLORES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME Approval to execute a Lease Agreement (CO 95-076) between the Joseph Filippi Vintage Co., Inc. and the City of Rancho Cucamonga for the lease of ten acres of vineyard on the Central Park site and execute an amendment to the Land Purchase for Central Park site between Lewis Development Company and Rosebud Construction Company, Inc. Approval to award and authorization for execution of Janitorial Se~ce Contracts (CO 95-077) for City facilities to Merchants Building Maintenance of Monterey, California, in the amount of $60,036.00, to be funded from Account No. 01-4245-6036 and $9,317.00 to be funded from Account No. 02-4532-6032 Approval of a Resolution of Intention to approve an amendment to the contract (CO 188) between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Rancho Cucamonga. 27 32 35 36 37 69 71 City Council Agenda December 6, 1995 RESOLUTION NO. 95-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF THEIR INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO PROVIDE 2% AT 55 FULL FORMULA FOR LOCAL MISCELLANEOUS MEMBERS, INCLUDING AN EXTENSION OF THE FUNDING PERIOD TO THE YEAR 2016 14. Approval to Release Improvement Agreements with Lien Rights in Lieu of Completion Bonds for on-site grading improvements for Foothill Marketplace, located on the south side of Foothill Boulevard between Interstate 15 and Etiwanda Avenue, submitted by Foothill Marketplace Partners. RESOLUTION NO. 95-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FOOTHILL MARKETPLACE PARTNERS 15. Approval to release Faithful Performance Bond No. 9409917, and accept a reduced Faithful Performance Bond for Tract 13703, located on the west side of Haven Avenue, north of Banyan. Release: Faithful Performance Bond Accept: Faithful Performance Bond $1,443,400.00 143,340.00 4 73 77 81 82 E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. They will be. acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. No Items Submitted. F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. City Council Agenda December 6, 1995 CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 95-01.- PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the 'south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. ORDINANCE NO. 551 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 95-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND PRAIRIE PACIFIC INVESTMENTS FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS FOR 158 APARTMENT UNITS, LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE - APN: 208-031-75 , CONSIDERATION OF A MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL - Appeal of the Planning Commission's denial of a request to expand the care services within an existing indoor soccer facility in the General Industrial Designation (Subarea 8) of the Industrial Area Specific Plan, located at 11120 Tacoma - APN: 209-471-05. RESOLUTION NO. 95-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 94-09, A REQUEST TO EXPAND THE CAFE SERVICES WITHIN AN EXISTING SOCCER FACILITY IN THE GENERAL INDUSTRIAL DESIGNATION (SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11120 TACOMA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209- 471-05 83 103 125 154 City Council Agenda December 6, 1995 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. PRESENTATION OF THE COMMERCIAL LAND USE AND MARKET STUDY (Oral report by Economic Consultant Shant Agajanian) 156 I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. UPDATE ON SKATEBOARD PARK 2. CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY AWARENESS OF YOUTH PROGRAMS 3. DISCUSSION OF MARKS CABLEVISION RATE ADJUSTMENT AND ISSUES RELATING TO CABLE REGULATION 4. CONSIDERATION TO SELECT ONE OR MORE REPRESENTATIVES TO SERVE ON THE STATE LEAGUE POLICY COMMITTEES FOR 1996 157 159 161 168 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to he limited to five minutes per individual. City Council Agenda December 6, 1995 L. ADJOURNMENT I, Debra J. AdamS, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 30, 1995, seventy-two (72) hours pdor to the meeting per Government Code 54954.2 at 10500 Civic Center Ddve. October 18, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 18, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Ddve, Rancho Cucamonga, California. The meeting was called to order at 7:10 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Rex Gutierrez, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Andrew Arczynski, Assistant City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda Daniels, RDA Manager; Brad Buller, City Planner; Nancy Fong, Senior Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Deborah Clark, Library Manager; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Jan Sutton, Deputy City Clerk; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; and Debra J. Adams, City Clerk. Absent were Councilmembers: James Curatalo and Diane Williams. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamation to Margaret Hayes for her lifesaving efforts at the Neighborhood Center. Mayor Alexander presented the Proclamation to Margaret Hayes. B2. Presentation of Proclamation to the Etiwanda High School Marching Eagle Regiment designating them as our Good Will Ambessadors and congratulating them on being selected to march in the 1996 Tournament of Roses Parade. Mayor Alexander presented the Proclamation to the Etiwanda High School Marching Eagle Regiment. Mr. Don Jaramillo, Band Director, thanked the Mayor and Council for their support and talked about the band and all of their hard work. He introduced Mr. Kolmel, Principal of Etiwanda High School. Mr. Kolmel stated he is glad to be a part of the program and appreciated the students' hard work. Councilmember Gutierrez also commended the band for all of their hard work and accomplishments and thanked Margaret Hayes for her lifesaving efforts. Don Kurth, Chamber of Commerce, also presented a Proclamation to the EHS-MER congratulating them on their accomplishments. City Council Minutes October 18, 1995 Page 2 B3. Mayor Alexander presented Susan Mickey a Proclamation for her dedicated service to the City of Rancho Cucamonga and thanked her for all of her hard work. Susan Mickey stated it was a pleasure and an honor to have worked for the City and to have worked with such a wonderful staff. Councilmembers Gutierrez and Biane also thanked Susan Mickey for her service to the City and the community. C. COMMUNICATIONS FROM THE PUBLIC C1. Don Kudh, Chamber of Commerce, read a Resolution which is on file in the City Clerk's office regarding Proposition 62 and the Utility Tax asking the Council to suspend the collection of the Utility Tax until such time as it can be brought to a vote before the people of the City. D. CONSENT CALENDAR Jack Lam, City Manager, stated that item D15 should be removed from the Consent Calendar and that it would be returning at a future meeting. D1. Approval of Minutes: September 6, 1995 (Adjourned/Special Meeting) D2. Approval of Warrants, Register Nos. 9/27/95 and 10/4/95; and Payroll ending 9/21/95 for the total amount of $2,041,993.97. D3. Approval to receive and file current Investment Schedule as of September 30, 1995. D4. Alcoholic Beverage Application for Off-Sale General for Liquor Land 2, Fernand Bhnam Blat and Abraham Meida, 9255 Base Line Road, Unit E. D5. Alcoholic Beverage Application for On-Sale Beer and Wine for Unnamed Business, Hiroshi and Kaye Domae, 6797 Carnelian Street. D6. Alcoholic Beverage Application for On-Sale General Eating Place for Empire Lakes Golf Course, General Dynamics Corporation, 11015 6th Street. D7. Alcoholic Beverage Application for On Sale General Public Eating Place for Applebee's Neighborhood Gdll & Bar, Gourmet Systems of California, Incorporated, 10709 Foothill Boulevard. D8. Approval to reject the bid for the Hermosa Avenue Pavement Rehabilitation, located from Fourth Street to Sixth Street, North of Sharon Circle to Eighth Street, and south of Devon Street to Foothill Boulevard. D9. Approval of applications for Grant Funds from the Environmental Enhancement and Mitigation Program for the Metrolink Railway Station Beautification Project, and the Metrolink Corridor Beauti~cation Project. City Council Minutes October 18, 1995 Page 3 RESOLUTION NO. 95-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK CORRIDOR BEAUTIFICATION PROJECT RESOLUTION NO. 95-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK STATION BEAUTIFICATION PROJECT D10. Approval of an Application for funds from the Intermodal Surface Transportation Efficiency Act (ISTEA) Program for the Metrolink Railway Station Beautification Project. RESOLUTION NO. 95-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FUNDS FOR THE METROLINK RAILWAY STATION BEAUTIFICATION PROJECT D11. Approval of appropriations for various Capital Improvement Project Funds for Fiscal Year 1995/96. D12. Approval to Order the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for MDR 95-10, located on the North side 9th Street, east of Helms Avenue, submitted by Peter S. Wald. RESOLUTION NO. 95-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR MDR 95-10 D13. Approval to purchase one (1) 3-axle combination 6x4, 56,000 GVWR, Water Tank/Dump Truck from Dieterich International Truck Sales, Incorporated, of Colton, California, in the amount of $123,078.26 to be funded 69.23% from Fund 72-4225-7045 and 30.77% from Fund 09-4637-7045. D14. Approval to execute an Improvement Agreement Supplement and Improvement to a previously approved Improvement Agreement for Tract No. 14208, located on the North side of Base Line Road West of Alta Cuesta Drive, submitted by the Developer, Mr. Ralph G. Rittenhouse. City Council Minutes October 18, 1995 Page 4 RESOLUTION NO. 95-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT SUPPLEMENT FOR THE PREVIOUSLY APPROVED IMPROVEMENT AGREEMENT OF TRACT NO. 14208 D15. Approval to accept street i~.-tprovements, release of bonds and file a Notic6 of Co.-npletion for hnprovci~enL~ for Tra~ 13890-1 located on I~c norlh side of I lighland Avenue, south of Danyah Gtreet an west of Doer Creek Channel. ITEM REMOVED FROM AGENDA Release: Faithful I'terfor,~ance Bond Accept: Maintenance Guarantee Bond $ 9G6,000.00 96,600.00 RECOLUTION NO. 95 147 A RE,.~OLUTION OF TIlE CITY COUNCIL or TIlE CITY or RANClIO CUCAMONGA, CALIFORNIA, ACCEPTING TI IE PUBLIC IMPROVEMENTS FOR TI'~;T 13800-1 AND AUTI IORIZING TI IE FILING OF A NOTICG OF COMPLETION FOR TI IE WORK D16. Approval to release Maintenance Guarantee Bond for Tract 13738 located on the Southwest corner of Almond and Sapphire Streets. Release: Maintenance Guarantee Bond (Street) $ 47,400.00 Maintenance Guarantee Bond (Storm Drain) 58,800.00 MOTION: Moved by Biane, seconded by Gutierrez to approve the recommendations in the staff reports contained in the Consent Calendar with the exception of Item D15. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT 95-01 - LEWIS DEVELOPMENT CO. - A request to change the land use district from "MOC" (Mixed Use Office/Commercial/Residential) to "CC" (Community Commercial) for 47.3 acres bounded by Foothill Boulevard on the south, Rochester Avenue on the east, the future Poplar Drive and future Church Street on the north, and the future Orchard Avenue on the west and to '~H" (Medium High, 14-24 dwelling units per acre) for 19.2 acres of land bounded by the future Poplar Drive and future Church Street on the north, the future Orchard Avenue on the west, and the proposed Community Commercial designation on the south. The changes include amending portions of the text and various tables and graphic exhibits of the community plan to implement design features of the proposed land use designations - APN: 0227-151o18 and 24. Staff recommends issuance of a Negative Declaration. Related Files: General Plan Amendment 95-01B, Conditional Use Permit 95-11, and Parcel Map 14022. Debra J. Adams, City Clerk, read the title of Ordinance No. 550. City Council Minutes October 18, 1995 Page 5 ORDINANCE NO. 550 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT 95-01 TO CHANGE THE LAND USE MAP FROM "MIXED USE, OFFICE, COMMERCIAL, RESIDENTIAL" TO COMMUNITY COMMERCIAL FOR APPROXIMATELY 47.3 ACRES OF LAND AND TO MEDIUM HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 19.2 ACRES OF LAND BOUNDED BY FOOTHILL BOULEVARD ON THE SOUTH, ROCHESTER AVENUE ON THE EAST, THE FUTURE POPLAR DRIVE AND FUTURE CHURCH STREET ON THE NORTH, AND THE FUTURE ORCHARD AVENUE ON THE WEST, AND TO MAKE CHANGES TO PORTIONS OF THE TEXT AND GRAPHIC EXHIBITS OF THE COMMUNITY PLAN TO IMPLEMENT DESIGN FEATURES OF THE LAND USE DESIGNATIONS -APN: 0227-151-18 AND 24. MOTION: Moved by Gutierrez, seconded by Biane to waive full reading and approve Ordinance No. 550. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). F. ADVERTISED PUBLIC HEARINGS No items were submitted. G. PUBLIC HEARINGS G1. CONSIDERATION OF THE PROPOSED OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND GIFT RETAIL STORE, THE WILD GRAPE, LOCATED AT 8057 AND 8916 FOOTHILL BLVD Staff report presented by Nancy Fong, Sr. Planner. Councilmember Gutierrez asked if they would be selling the wine by itself over the counter. Nancy Fong, Sr. Planner, stated she felt it would be sold only with the gil~ baskets. Brad Buller, City Planner, stated if they decide to do anything more than what this Resolution indicates, they would have to get a CUP. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Gino Fillipi stated he was present to support what the Wild Grape wanted to do. Sadone Pedra stated he did not agree with the Wild Grape selling the wine in the gift baskets. He stated there are already too many liquor stores in this area. He stated he did not agree with this proposal. Owen Bedleto stated he is one of the partners of the Wild Grape and that they want to sell the wine in the gift baskets to help supplement them. He felt this would be a benefit to the community. There being no further response, the public hearing was closed. City Council Minutes October 18, 1995 Page 6 Councilmember Biane stated he supports the recommendation of staff and that a letter should be sent to the Alcoholic Beverage Control. Councilmember Gutierrez further inquired about the CUP to sell wine only over the counter. Brad Buller, City Planner, reiterated if they do expand their use they would have to get a CUP. Mayor Alexander stated he felt this would enhance the center it is located in. RESOLUTION NO. 95-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE OFF-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH THE SALE OF GIFT BASKETS FOR A CRAFT AND GIFT RETAIL STORE, THE WILD GRAPE, LOCATED AT 8057 AND 8916 FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 95-148. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). H. CITY MANAGER'S STAFF REPORTS No items were submitted. I. COUNCIL BUSINESS I1. UPDATE FROM ROUTE 30 AD HOC TASK FORCE (Oral Report) Update presented by Mayor Alexander (see memo on file in the City Clerk's office.) Jane Bredshaw, C-CAR member and the Route 30 Task Forco, stated she felt the route was one-sided and that there were other concerns brought up at the meeting that were not mentioned in the report. She stated with all of the interchanges that will be going in, especially the one at Milliken, Highland will be severed and will no longer go through. She stated that traffic is supposed to be rerouted past two schools and a park. She felt this was something that needed further consideration. She stated the report also mentioned that there would be no increase in cdme. She stated there are no statistics about this. She stated that at a previous meeting Mayor Stout had stated that there were reports indicating there is a crime increase around off- and on-ramps of freeways. She stated she felt this was wrong to word in the report tonight that there was no increase in cdme around off- and on-ramps. She pointed out that the freeway is going through neighborhoods and not commercial areas. She stated she is sljll confused about the prices for the interchanges and how it would cost more to keep them off. She stated she was curious about how much money would be saved if interchanges are eliminated. She pointed out that the spacing in Upland and Fontana are not a mile apart like they will be in Rancho Cucamonga. Councilmember Gutierrez asked about how the decision will be made as to the off- and on-ramps. City Council Minutes October 18, 1995 Page 7 Mayor Alexander stated it would be approved by the Council as to what will occur. He pointed out the Task Force was formed to solidt more public participation throughout the community. He encouraged people in the City to come to the meetings. Councilmember Gutierrez asked when this would be ready for the City Council to consider. Bred Buller, City Planner, stated they are still working with the Task Force, citizens, etc., but that the goal is to eventually bdng to the Council a freeway agreement which authorizes the state to go forward with purchase of right-of-way and begin the construction documentation. He stated Caltrans would like the City to continue to move forward as quickly as possible. Mayor Alexander stated the profile is 1000% better than it was originally. 12. UPDATE BY MARKS CABLEVISION ON STATUS OF CABLE TV IN THE CITY Update presented by Sean Hogue, General Manager of Marks Cablevision, who stated they are in the process of adding more staff to help with the problems they have been having with the outages. He stated they felt by increasing their maintenance techniques it would help with the outage problems. He stated they have teamed up with Turner Educational Services and would work with Deer Canyon Elementary School for an educational program to be televised. He also distributed a complaint summary to the Council and explained it. Councilmember Biane asked if there is a way they can predict when equipment might break down because of age or something along that line. Sean Hogue, Marks Cablevision, stated they would be testing the equipment with the new personnel they are hiring. Councilmember Gutierrez stated he is hearing that people feel the service on the phone is good, but that the field work is backed up. He also asked if Marks Cablevision can get their updates at a different forum, a one- on-one situation, or come back to the entire Council on a quarterly basis. Mayor Alexander stated he did not have a problem with this as long as there is no a major outage. Councilmember Biane stated he did not mind either as long as there were not problems that might need explaining. Councilmember Gutierrez stated he concurred and felt quarterly reports would be acceptable. ACTION: Received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Coundlmember Gutierrez stated he would like an update on the Empire Lakes Golf Course and stated he has heard comments about what they will be charging and stated he is concerned about this. He did not feel the residents should be priced out of this facility. He also reserved the dght to possibly withdraw this from the next agenda depending on the next couple of weeks. City Council Minutes October 18, 1995 Page 8 K. COMMUNICATIONS FROM THE PUBLIC K1. Ede Swistock, Schlosser Forge and Chamber of Commerce, stated he felt the Supreme Court decision has certainly opened the door about reconsidering the utility tax. He stated he agreed with the Chambers Resolution opposing the utility lax. He stated he felt this matter should be discussed at the next meeting. Mayor Alexander commented that the City is also in the process of reducing the utility tax through a formula that was adopted. Councilmember Gutierrez stated he wondered if Mr. Schlosser is trying to get his federal taxes reduced like he is with the local taxes. Councilmember Biane reiterated there is a formula in place to reduce the utility tax. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Gutierrez to adjourn to Executive Session to discuss Labor Negotiations per Government Code Section 54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the Meet and Confer process. Motion carried unanimously, 3-0-2 (Curatalo, Williams absent). The meeting adjourned at 8:14 p.m. No action was taken in Executive Session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: j _1 I-- I- % Z (..) (~ _/ I-- i..4 J · Z C) e, uje, Z ::2 LLI-- C2 LL ki )'e I-- :Z % ~,'~e C)'~,,.,~ I,,,v I&.uluJ ,I ~00000000~0 hO00~O~O0~O U VZ ~ ~ ~ Z Z 0 NOZOOO~Z ~Z~ZZ~mZO0~ Z~Z%%~ZZOZZZO~ U wozZ Zoo O~ % O~ Z U:ZV~ I/,~4uJ Ol~. ,/ \ w Z ~'~)(~ c:)~.~. _1 I.- I- , , 11/28/1995 CITY OF RANGHO CUCAMONGA PM - 1 PORTFOLIO MASTERSUM4ARY CITY OCTOBER 31, 1995 CASH AVERAGE ---YIELD TO MATURITY--- PERCENT OF AVERAGE DAYS TO 360 365 INVESTMENTS BOOK VALUE PORTFOLIO TERM MATURITY EQOIVALERT EQUIVALENT Certificates of Deposit - Bank ...............$ Local Agency Investment Funds ................$ Federal Agency Issues - Coupon ...............$ Treasury Securities - Coupon .................$ Mortgage Backed Securities ...................$ Small Bus. Adm/Miscellaneous Agency ..........$ 12,306,789.82 24.59 510 323 6.264 6.351 15,559,200.81 31.09 1 1 5.705 5.784 20,454,665.63 40.87 1,123 920 7.217 7.318 272,845.00 0.55 1,180 669 6.569 6.660 348,888.79 0.70 6,424 3,388 8.932 9.056 1,101,562.50 2.20 9,131 5,745 8.184 8.298 TOTAL INVESTMENTS and AVERAGES .............$ 50,043,952.55 100.00% 837 609 6.542% 6.633% Passbook/Checking Accounts ...................$ 652,032.84 1.973 2.000 (not included in yield calculations) Accrued Interest at Purchase .................$ 20,728.36 TOTAL CASH and P~'~IASE INTEREST .............$ 672,761.20 TOTAL CASH and INVESTMENTS .................$ 50,716,713.75 MONTH ENDING FISCAL TOTAL EARNINGS OCTOBER 31 YEAR TO DATE Current Year $ 282,981.53 $ 1,137,891.09 AVERAGE DAILY BALANCE $ 51,002,819.52 $ 52,466,928.60 EFFECTIVE RATE OF RETURN 6.53% 6.44% DATE I certify that this report accurately reflects all City pooled investments and is in comformity with tl~ investment policy adopted August 16, 1995. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to seer next month's esti.ated expenditures. 11/28/1995 CITY OF ~ COCAMCI~ INVEST!flITPOETFOLIO DETAILS - INVESTliltS OCIDBER 31, 1995 CITY CASH INVES~ AVERAGE PURaASE STATED --- YTN --- MATURITY DAYS NUMBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE RATE 360 365 DATE TO MAT CERTIFICATES OF DEPOSIT - BANK 00937 FOOTHILL IND~ BANK 04/06/95 2,000,000.00 2,000,000.00 2,000,000.00 6.950 6.950 7.047 04/09/97 525 00918 GREAT WESTERN 11/15/94 500,000.00 500,000.00 500,000.00 6.000 6.000 6.083 11/27/95 26 00927 GREAT WESTERN 01/25/95 500,000.00 500,000.00 500,000.00 6.900 6.900 6.996 01/25/96 85 00930 GREAT WESTERN 02/15/95 500,000.00 500,000.00 500,000.00 6.900 6.900 6.996 08/16/96 289 00931 GREAT WESTERN 03/01/95 500,000.00 500,000.00 500,000.00 6.250 6.250 6.337 03/04/96 124 00951 GREAT WESTERN 06/07/95 1,791,789.82 1,791,789.82 1,791,789.82 5.500 5.500 5.576 11/30/95 29 00955 GREAT WESTERN 08/21/95 1,500,000.00 1,500,000.00 1,500,000.00 5.650 5.650 5.728 08/21/96 294 00924 SANWA 12/28/94 1,000,000.00 1,000,000.00 1,000,000.00 7.250 7.250 7.351 12/27/96 422 00933 SANWA 02/23/95 500,000.00 500,000.00 500,000.00 6.920 6.920 7.016 02/24/97 481 00945 SANIdA 05/02/95 2,000,000.00 2,000,000.043 2,000,000.00 6.410 6.410 6.499 05/02/97 548 00954 SANWA 07/31/95 1,515,000.00 1,515,000.00 1,515,000.00 5.480 5.480 5.556 07/30/96 272 SUBTOTALS and AVERAGES 12,306,789.82 12,306,789.82 12,306,789.82 12,306,789.82 6.264 6.351 323 LOCAL AGENCY INVESTMENT FUNDS 00005 LOCAL AGENCY INVST FUND 00804 LOCAL AGENCY INVST FUND SUBTOTALS and AVERAGES 10,440,371.72 FEDERAL AGENCY ISSUES - COUPON 00922 FEDERAL HONE LOAN BANK 12/19/94 00925 FEDERAL HOME LOAN BANK 12/28/94 00939 FEDERAL HOME LOAN BANK 04/06/95 00940 FEDERAL HOME LOAN BANK 04/06/95 00952 FEDERAL HOME LOAN BANK 06/08/95 00956 FEDERAL HONE LOAN BANK 08/23/95 00938 00949 00921 00926 00935 00947 FEDERAL HONE LOAN MORTG. CO 04/06/95 FEDERAL HOME LOAN NORTG. CO 05/16/95 FEDERAL NATL WI'G ASSN 12/21/94 FEDERAL NATL MTG ~ 12/29/94 FEDERAL NATL M'rG ASSN 03/22/95 FEDERAL NATL M'rG ASSN 05/08/95 and AVERAGES 25,677,084.98 TREASURY SECURITIES - COUtN3N 00903 TREASURY NOTE AVERAGES 06/08/94 272,845.00 14,446,200.81 14,446,200.81 14,446,200.81 5.784 5.705 5.784 1,113,000.00 1,113,000.00 1,113,000.00 5.784 5.705 5.784 15,559,200.81 15,559,200.81 15,559,200.81 5.705 5.784 1,000,000.00 1,000,000.00 1,037,810.00 8.030 1,065,134.38 1,090,000.00 1,093,749.60 6.360 965,156.25 1,000,000.00 981,560.00 4.570 942,968.75 1,000,000.00 976,250.00 5.240 5,000,000.00 5,000,000.00 5,010,950.00 6.830 2,000,000.00 2,000,000.00 2,004,380.00 7.140 1,002,031.25 1,000,000.00 1,019,380.00 7.420 2,500,000.00 2,500,000.00 2,507,025.00 7.050 1,981,250.00 2,000,000.00 2,020,620.00 7.050 1,998,125.00 2,000,000.00 2,145,312.50 7.700 500,000.00 500,000.00 503,125.00 7.010 1,500,000.00 1,500,000.00 1,539,375.00 7.270 20,454,665.63 20,839,537.10 20,590,000.00 272,845.00 277,000.00 275,786.74 6.141 1 1 8.030 8.142 12/19/97 779 7.789 7.898 09/19/96 323 6.638 6.730 12/30/96 425 7.030 7.127 11/30/98 1,125 6.830 6.925 06/08/98 950 7.140 7.239 08/23/00 1,757 7.226 7.326 09/23/99 1,422 7.050 7.148 05/15/98 926 7.607 7.712 10/10/96 344 7.752 7.859 12/10/96 405 7.010 7.107 03/21/97 506 7.270 7.37105/08/00 1,650 7.217 7.318 920 6.569 6.660 08/31/97 669 n/28/1995 CITY OF I~'F,S~iElfr K)RTFOLIO DETAILS - INVESTME~S OC'rOMR 31, 1995 CITY CASH Ilfv'ESTMENT AVERAGE PURCHASE STATED --- Y'rM --- MATURITY DAYS NU)U]ER ISSUR BALANCE DATE BOOK VALUE FACE VALUE { VALUE ]~N~TE 360 365 DATE TO KAT MOR'I~)AGE BACKED SECURITI~ 00071 FEDERAL H~E LOAN BANK 02/23/87 62,454.80 00203 FEDERAL NATL MTG ASSN 09/21/87 136,586.76 00002 GOVERNMENT NATIONAL MORTG A 07/01/87 124,558.19 0009 GO{ NATIONAL ~ORTG A 07/01/87 25,289.04 SU]~TOTAI.~ and AVERAGF, S 350,687.50 348,888.79 SMALL BUS. AI)N/MISCUEOUS AGMCY (K)004 E BUSINESS ADNIN 07/25/86 AVEP, AG~ 1,101,562.50 64,119.04 442,907.10 8.000 8.336 8.452 01/01/02 2,253 147,861.17 612,753.80 8.500 9,557 9.689 09/01/10 5,418 126,~4.74 663,389.28 8.54)0 8.631 8.751 05/15/01 2,022 24,790.32 84,710.58 9.04)0 8.515 8.634 03/15/01 1,961 1,803,764).76 363,065.27 8.932 9.056 3,388 1,101,562.50 1,000,000.00 1,065,142.39 9.125 8.184 8.298 07/25/11 5,745 T(3,TAI, I~ESTMIHflS and AVG. $ 50,043,952.55 51,850,217.62 50,149,341.52 50,096,055.90 6.542% 6.633% 609 11/28/1995 CITY OP RAIfl]OCUCAMONGA INVESTMENT PORTFOLIO DETAILS - CASH OCTOBER 31, 1995 CITY INVESTMENT AVERAGE PURCHASE STATED --- Tfi4 --- MATURITY DAYS NUMBER ISSUER BALANCE DATE BOOK VALUE FACE VALUE MARKET VALUE ~TE 360 365 DATE TO MAT (I/ClING/SAVINGS ACCOSTS 00180 !~K OF MICA AVERAGES 853,478.00 Accrued Interest at Purchase TOTAL CASH ~AL CASH and INVESTMENTS 652,032.84 2.000 1.973 2.000 20,728.36 $ 672,761.20 $ 51,002,819.52 50,716,713.75 11/2s/19~ CITY OF R/NOIO CUCAMONGA PORTFOLIO MASTER INVESTMENT ACTIVITY BY TYPE OCTOiJER 1, 1995 - OCTOBER 31, 1995 CITY CASH STATED TRANSACTION PUEt~tASES SALES/MATURITIES TYPE INVESTMENT # ISSUER RATE DATB OR DEPOSITS OR WITHDRAWALS BALANCE CERTIFICATES OF DEPOSIT - BANK BEGINNING BALANCE: 12,306,789.82 12,306,789.82 LOCAL AGENCY INVESTMENT FUNDS (Monthly Summary) OO005 LOCAL AGENCY INVST FUND 5.784 00804 LOCAL AGENCY INVST FUND 5.784 SUBTOTALS and ENDING BALANCE 7,601,245.61 BEGINNING BALANCE: 1,500,000.00 9,457,955.20 7,601,245.61 1,500,000.00 15,559,200.81 CHECKING/SAVINGS ACODUETS (Monthly Summary) 00180 BANK OF AMERICA BEGINNING BALANCE: 2,089,200.00 2,329,000.00 891,832.84 652,032.84 FEDERAL AGENCY ISSUES - COUPON 00895 FEDERAL FARM CREDIT BANKS 5.850 00897 FEDERAL FARM CREDIT BANKS 5.850 00943 FEDERAL HONE LOAN BANK 8.045 SUBTOTALS and ENDING BALANCE BEGINNING BALANCE: 10/29/1995 2,000,000.00 10/29/1995 1,996,250. O0 10/26/1995 2,000,000.00 26,450,915.63 0.00 5,996,250.00 20,454,665.63 TREASURY SECURITIES - COUPON BEGINNING BALANCE: 272,845.00 272,845.00 MORTGAGE BACKED SECURITIES 00071 FEDERAL HOME LOAN BANK 8,000 00203 FEDERAl, NATL MTG ASSN 8.500 00002 GOVERNMENT NATIONAL NORTG ASSN 8.500 00069 GOVERNMENT NATIONAL MORTG ASSN 9.000 SUBTOTALS and ENDING BALANCE BEGINNING BALANCE: 10/16/95 1,651.39 10/25/95 700.91 10/12/95 1,191.69 lo/11/95 lo5.86 352,538.64 0.00 3,649.85 348,888.79 SMALL BUS. ADM/MISCELLANEOUS AGENCY TOTALS BEGINNING BALANCE:$ BEGINNING BALANCE: 1,101,562.50 1,101,562.50 50,834,439.63 9,690,445.61 9,828,899.85 50,695,985.39 CALI!ORNIA RECEIVED APPLICATION FOR ALCOHOL BEVERAGE LiCENSE( TYcLERK TO: Department of Alcoholic Beverage Control 4505 Allstate Drive, Suite 102 Riverside, CA 92501 (909) 782-4400 CITY OF RANCHO CUCAMONGA DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license Transferor's names/license: File Number ............ 313576 Receipt Number ......... 1058400 Geographical Code ........ 3615 Copies Mailed Date 10--17-95 Issued Date 188 RIVERSIDE JACK'S RESTAURANT 8678 19TH ST RANCHO CUCAMONGA SAN BERNARDINO YES CA 91701 License Type Transaction Tvoe Fee TYPe Master DUD Date Fee 1.41 ON-SALE BEER AND W ORIGINAL NA YES 0 OCT 17,1995 $300.00: 2. 41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 OCT 17,1995 $205.00 : TOTAL $505.00 Have you ever been Have you ever violated any provisions of the' Alcoholic Beverage Control convicted of a felony? NO Control Act, or regulations of the department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date OCT 17,1995 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation. named in th~ foregoing application, duly authorized to make this application on its behalf; (2) that be has read the foregoing and knows the contents thereof and that each of the above statements therein made are flue; (3) that no penon other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed !tansfar is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than nine (90) days preceding the day on which the ramsfar application is filled with the Depamnent or to gain or establish a preference to or for any creditor or transferor or to d:Traud or injure any creditor of ~ransferor; (5) that the ffansfer application my be withdrawn by either the applicant or the licensee with no resulting liability to the Depafiment. 'C & V RESTAURANTS INC I ABC 211 (9/93) C,;,Ai-,',Ni-LI,zsI,,I Z TO: Department of Alcoholic Beverage Control CAtlfOINIA APPL I CATI ON F OR ALCOHOL BEVERAGE l I CENSE OF RANCHO CUCAMONG/. CITY CLERK DIS'I'RICT SERVING LOCATION: Name of Business: Locadon of Business: Number and Street File Number ............ 313365 Receipt Number ......... 1057254 Geographical Code ....... '. 3615 Copies Mailed Date 10/10/95 Issued Date RIVERSIDE ARROW DELI 10970 ARROW RTE 101 City, State Zip Code RANCHO CUCAMONGA CA 91730 County SAN BERNARDINO Is premise inside city limits? Mailing Address: (If different from 1121 W ORANGE GROVE AVE premise address) BURBANK CA 91506 ff premise licensed: Type of license Transferor'shames/license: JEONG PHIL OK 234063 License TVDe Transaction ~;De Fee Tvoe Master DUD Date Fee 1.41 ON-SALE BEER AND W PERSON TO PERSON TRANS NA YES 0 OCT 10,1995 $150.00: 2.41 ON-SALE BEER AND W ANNUAL FEE NA YES 0 OCT 10,1995 $205.00: 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 OCT 10,1995 $78.00 : TOTAL $433.00 Have you ever been Have you ever vinln~e_~ m,v provisio-~ of the Alcoholic Beverage Control convicted of a felony? NO Control Act, or ,~r.',qti,ms or ~.~.. dcpat~ .....pertaining to the Act? NO Explain any "Yes" answer to the above questions ...: ~.n attac,.nent which shoe pc de~ -,'t of Sir :p~lica~on. Applicant agrees (a) that any manager employed in on-sale licensed p~mise v.,iH nave ' 7.,ali~cadons of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Ak. beveraSe Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date OCT 10,1995 Under penalty of perjury, each person whos~ signature appears bolow cerd~es and says: (I) He is an applicant, or onc of the applicants or an executive officer of the applicant corporation, named in the foregoing application daly authorized to makc this application on its behalf* (2) that he has rcali the forcgoing and knows contents thereof and that each of the above statements the~in randc arc true; (3) that no person other than the appli;'ant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made* (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90j days pT~eding the day on which the transfer application is filled with the Depamnent or to gain or establish a pre, fe~nce to or for any creditor or transferor or to defraud or injure any cr~litor of transferor; (5) that the transfer application may be withdrawn by cither the applicant or the ficcnscc with no resulting liability to thc Deparcment, Applicant Name(s) ~CHE BYUNG NAM [KHE YEONG IE Applicant Signature(s) ABC 211 (9/93) CAI, IfOilNIA APPLICATION FOR ALCOHOL BEVERAGE LICENSE(S) TO: Department of Alcoholic Beverage Control 4505 Allstate Drive, Suite 102 Riverside, CA 92501 (909) 7824400 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? If premise licensed: Type of license RECEIVED 0CT 3 1995 CITY OF RANCHO CUCAMONGA CITY CLERK File Number ............ 313668 Receipt Number ......... 1058755 Geographical Code ........ 3615 Copies Mailed Date 10-19-95 Issued Date When Trfd RIVERSIDE LIQUOR LAND 2 91730 9255 BASELINE RD UNIT E RANCHO CUCAMONGA CA SAN BERNARDINO YES Transferor's names/license: MEIDA ABRAHAM 256677 License TYPe Transaction Type Fee TVDe Master DUD Date Fee 1.21 OFF-SALE GENERAL PERSON TO PERSON TRANS NA YES 0 OCT 18,1995 $1274.00: 2. 21 OFF-SALE GENERAL ANNUAL FEE NA YES 0 OCT 18,1995 $446.00 : 3. NA NO LICENSE TYPE STATE FINGERPRINTS NA YES 0 OCT 18,1995 $78.00: TOTAL $1798.00 Have you ever violated any provisions of the Alcoholic Beverage Control Control Act, orregulations ofthe depa~mentpertai~ng m the Act? NO Have you ever been convicted of a felony? NO Applicant Name(s) I DIB DALAL D [DIB KHALIL I Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA ~.ounty of SAN BERNARDINO Date OCT 18,1995 Under penalty of perjury, each person whose signature aF ' ~ .,v , certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing applicatiot. .,y authorized to make this application on its behalf; (2) that be has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applican~ or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the u'ansfer application or proposed transfer is not made to satisfy the payment of a lean or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is fixed with the Department or to gain or establish a prefearcnce to or for any creditor or transferor or to defraud or injure any creditor of u'ansfcror; (5) that the transfer application may be withdrawn by either the applicant or the lieonset with no resulting liability to the Dcparuncnt. Applicant Signature(s) Attached: 231 to follow: ONTARIO ESCROW SERVICE INC. 738 N. Euclid Ave. Ontario, Ca. 91762 ABC 211 (9/93) CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O~Neil, City Engineer Willie Valbuena, Assistant Engineer APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT, MWD PERMANENT EASEMENT DEED AND ORDER/NG THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13890, LOCATED ON THE SOUTH SIDE OF BANYAN STREET, NORTH OF HIGHLAND AVENUE AND WEST OF THE DEER CREEK CHANNEL, SUBMITFED BY GREYSTONE HOMES, INC. RECOMMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract 13890, accepting the subject Improvement Agreement, Securities, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. It is also recommended that the City Council authorizes the City Engineer to accept and to sign the Banyan Street dedication as granted on the MWD Permanent Easement Deed. BACKGROUND/ANALYSIS Tract 13890, located on the south side of Banyan Street, north of Highland Avenue and west of the Deer Creek Channel, in the Medium Residential District, was approved by the Planning Commission on June 8, 1988, for the division of 6.08 acres into 23 lots. The Developer, Greystone Homes, Inc., is submitting an agreement and securities to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond: Labor and Material Bond: Monumentation Cash Bond: $455,210.00 227,605.00 3,550.00 CITY COUNCIL STAFF REPORT TRACT 13890 - GREYSTONE HOMES, INC. December 6, 1995 Page 2 This final phase of Tract 13890 is required to construct Banyan Street full width including the Community Equestrian Trail and Landscaping. The Developer has obtained from MWD the remaining required Banyan Street dedication and is submitting to the City for acceptance and signature by the City Engineer. A letter of approval has been received from the Cucamonga County Water district. Copies of the agreement, securities and the Consent and Waiver to Annexation form signed by the Developer are on file in the City Clerk's office. Respectfully Submitted, WJO:WV:dlw Attachments RESOLUTION NO. q_5" /Ct2~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING FINAL TRACT MAP 13890, IMPROVEMENT AGREEMENT AN D IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map No. 13890, submitted by Greystone Homes, Inc., and consisting of 23 lots, located on the south side of Banyan Street, north of Highland Avenue and west of the Deer Creek Channel, was approved by the Planning Commission of the City of Rancho Cucamonga and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 13890 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities and Monumentation Cash Deposit by Greystone Homes, Inc., as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication and the final map delineating the same for said Tract Map No. 13890 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. q__.~.- / ~; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 13890 WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereina~er referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the territory annexed hereunder. EXHIBIT 'A* ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. I STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 SCHOOl, 13 14 /2, 764 ~/~ /27 Z5 ,.:~/~, .. CITY OF RANCHO CUCAMONGA -..~ COUNTY OF SAN BERNARDINO ._ -_ --. STATE OF ~ALIFORNIA STREET LIGHTS: Dist. 5800L S1 10 S2 15 EXHIBIT "B" WORK PROGRAM PROJECT: TRACT 13890 LANDSCAPING: Community Equestrian Trail Dist. D.G.S.F. L1 12,764 NUMBER OF LAMPS 9500L 16.000L 22,000L 27.500L Turf Non-Turf S.F. S.F. --- 19.568 Trees Ea. 127 ASSESSMENT UNITS: Assessment Units By District Parcel DU S 1 S2 L 1 N/A 23 23 23 23 Annexation Date: December 6, 1995 Form Date 11/16/94 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer APPROVAL TO EXECUTE COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-916 BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE CITY FOR CONSTRUCTION OF A TRAFFIC SIGNAL AND STREET WIDENING ON HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE AND AUTHORIZATION OF THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE PROJECT. THE CITY PORTION OF THE PROJECT WILL BE FUNDED FROM ACCOUNT NO. 12-4637-9310 FOR THE AMOUNT OF $65,000.00 RECOMMENDATION: It is recommended the City Council approve the above referenced resolution and authorize the Mayor's signature and a certified copy of the resolution, along with the signed copies of the Cooperative Agreement be sent to the Department of Transportation for further execution. BACKGROUND/ANALYSI S This agreement and Notice Inviting Bids provide for construction of left mm lanes and signals at the intersection of Highland and East Avenue and calls for the City to provide design and construction administration and pay for one half of the cost of the traffic signal. The State will pay the remainder of the cost, the total of which is estimated at $250,000. The City's share, a maximum of $65,000, will be from Account No. 12-4637-93 10. It is expected bids will be opened on January 9, the award made on January 17 and work will begin on February 15.~ Completion should be by May 15, 1996. Original copies of the Cooperative Agreement are available in the City Clerks' office. Respectfully submitted, William J. O~eil City Engineer ~,,~WJO:ly SO ,UTXON NO. q .5" / 69 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF COOPERATIVE AGREEMENT, STATE AGREEMENT NO. 8-916, FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AND STREET WIDENING ON HIGHLAND AVENUE (STATE ROUTE 30) AT EAST AVENUE WHEREAS, the City Council of the City ofRancho Cucamonga (hereinafier referred to as "City"), has for its consideration and execution, the Cooperative Agreement - State Agreement No. 8-916 for the construction of a traffic signal, and street widening on Highland Avenue at East Avenue; and WHEREAS, the State of California, Department of Transportation, District Office 8 (hereinafter referred to as "State") processes and monitors State funded projects; and WHEREAS, as a condition to payment of State funds for said project, the Local Agency shall approve and execute said Cooperative Agreement No. 8-9 16. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: Authorize the Execution of City - State Agreement No. 8-916 for the construction of a traffic signal and street widening on Highland Avenue (State Route 30) at East Avenue. To authorize the mayor to sign said Agreement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution number and date in the blank of the third block of said supplement and for the return of the original copies of said supplement to the State of Califomia Depamnent of Transportation along with the certified copy of this resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE HIGHLAND AVENUE STREET WIDENING AND HIGHLAND AVENUE AND EAST AVENUE TRAFFIC SIGNALS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "Highland Avenue Street Widening and Highland Avenue and East Avenue Traffic Signals". 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 Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said the City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on January 9, 1996, sealed bids or proposals for the "Highland Avenue Street Widening and Highland Avenue and East Avenue Traffic Signals" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, Califomia, marked, "Bid for Construction of Highland Avenue Street Widening and Highland Avenue and East Avenue Traffic Signals". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City ofRancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the pro- visions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning' the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to jom-neymen 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: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D, When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or j oumeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial relations, ex-officio the Administrator of Apprenticeship, San Francisco, Califomia, or from the Division of apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of Califomia having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defmed in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. 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 equal to at least ten percent (10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. 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 remmed to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a Class "A" License (General Engineering Contractor) or Class "LICENSE" in accordance with the provisions of the Contractor's License Law (Califomia Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "Califomia Business and Professions Code", Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucumonga and payment of $35.00 (THIRTY-FIVE), said $35.00 (THIRTY-FIVE) is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 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 monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the fight to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 6th day of December1995. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of December 1995. William J. Alexander, Mayor ATTEST: Debbie J. Adams, City Clerk ADVERTISE ON: DECEMBER 11 AND DECEMBER 18, 1995 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager L. Dennis Michael, Fire Chief PUBLIC/PRIVATE FIRST lIESPONDER AGREEMENT RECOMMENDATION APPROVAL OF A PUBLIC/PRIVATE FIRST RESPONDER AGREEMENT BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CITY OF RANCHO CUCAMONGA, AND MEDTRANS ("MERCY") FOR IMPROVED EMERGENCY MEDICAL ADVANCED LIFE SUPPORT (PARAMEDIC) CARE AND ON-SCENE RESPONSE TIME THROUGH UTILIZATION OF BOTH PUBLIC AND PRIVATE RESOURCES. Background One of the primary District goals for years has been to continually strive for improved advanced life support (paramedic) care and on-scene emergency response times, exploring various emergency medical service (EMS) delivery systems and options to meet this goal. In February 1995, the District Board directed staff to continue with its approach to utilize its resources and those of the private ambulance company serving the District and City to achieve improved paramedic care and on-scene response time. Utilizing both public and private resources through an agreement of cooperative effort has resulted in a proposed program that will improve the delivery of paramedic services without increased cost to the taxpayer and/or persons requiring emergency medical care. The agreement is another example of how parmering with the private sector can enhance services for public benefit. The agreement has been signed by Mr. Ed Rose, Senior Vice President and authorized representative of MedTrans, hereinafter referred to as "Mercy". Key Aereement Provisions The proposed Agreement (Exhibit "A") has taken many months of very focused negotiation between Careline, Mercy and the District with assistance from our respective legal counsel. It provides Mercy with an exclusive permit for emergency ambulance transport and well defined performance clauses for staffing and response criteria. The District will receive revenue to provide paramedic service levels within five minutes to 90% of all EMS emergencies. The District is also held to specific performance clauses, providing a quid pro quo for each party. Patient care and survival rates can be improved through early ALS intervention and two paramedics on scene to provide effective Public/Private First Responder Agreement December 6, 1995 Page Two patient care and hospital contact. There is a requirement for each agency to at least annually review the Agreement to insure compliance with any changes in law, regulations, conditions, etc. in order to preserve each parties interest and the public health, safety and welfare. The Agreement has been reviewed and approved by our legal counsel prior to submittal for your consideration. Fire District Paramedic Program and Financial Analysis District paramedic staff will not increase the existing number of firefighters. Rather, existing personnel certified as paramedics and the filling of existing firefighter vacancies will provide the necessary personnel trained as paramedics to staff one fire~ghter/paramedic on each of the District' s five fire engine companies. Currently, fire engines are continually staffed with three personnel. These staffing levels will not change as a result of this Agreement. Exhibit "B" identifies the paramedic program costs. The capital equipment cost is approximately $153,000. This one time cost of equipment and start up supplies is proposed to be acquired through a proportionate use of available Fire District and Fire Protection Fund No. 25 fund balance. Board approval of this expenditure is planned during normal mid-year budget adjustment. The annual costs is estimated at $210,000, which incorporates the entire on-going personnel and equipment costs for the program. The financing provisions contained in the Agreement (Section 3a. l&2) provide revenue for the annual costs of the District program. Initially, the District will receive $17,500 per month ($210,000 in the first year) from Mercy. Commencing in the second year, the amount will be adjusted based upon a formula which incorporates adjustments in emergency responses and the Consumer Price Index. The initial term of the Agreement is seven (7) years, with provisions for five year renewal period(s) thereafter. Implementation Schedule Exhibit "C" provides a schedule summarizing the process to implement the Fire District ALS paramedic service. Staff estimates program implementation on or before July 1, 1996. Upon your consideration of approval staff will immediately begin program implementation. It is my opinion, should this Agreement meet with your approval, that the Board/City Council will once again demonstrate innovation and the desire to work together with both public and private agencies for the welfare of the public we serve. L. Dennis Michael Fire Chief PLEASE REFER TO FIRE DISTRICT STAFF REPORT CONTAINED IN THE FIRE BOARD AGENDA FOR AGREEMENT AND RELATED EXHIBITS CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 6, 1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. Oqxleil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF AN AGREEMENT FOR ACQUISITION OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR CONDITIONAL USE PERMIT 93-46 LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE, SUBMITTED BY ARTURO FLORES AND DIANA FLORES RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving an Acquisition Agreement, Security, and Deposition, also authorize the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS On October 4, 1995, the City Council approved Resolution No. 95-138 for modifications to C.U.P. 93-46. One of the modifications is a condition to allow the applicant to enter into an agreement for acquisition of off-site property for Foothill Boulevard street right-of-way. The City is authorized by State Law to acquire by eminent domain that property necessary for street improvement purposes. The applicant has signed the agreement and submitted the appropriate deposit and security for the acquisition. This agreement allocates costs and responsibilities toward obtaining said properties. The agreement has been reviewed and approved by the City Attomey and is available in the City Clerk's office. City Engineer WJO:DJ:dlw ~,.~Attachment A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROV1NG AN ACQUISITION OF OFF-SITE PROPERTY, SECURITY, AND DEPOSIT FOR CONDITIONAL USE PERMIT 93-46 FROM ARTURO FLORES AND DIANA FLORES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME WHEREAS, the Developer, Armro Flores and Diana Flores, has submitted to the City of Rancho Cucamonga improvement plans for review as conditioned by CUP 93-46, located at the southeast comer of Foothill Boulevard and Vineyard Avenue in the City of Rancho Cucamonga; and WHEREAS, for the Developer to meet the requirements established as prerequisite to issuance of building permits of said development said Developer has offered the Acquisition Agreement submitted herewith for approval and execution by said City, together with good and sufficient security and deposit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: That said Acquisition Agreement be and the same is hereby approved and the mayor is hereby authorized to sign said Acquisition Agreement on behalf of said City and the City Clerk is authorized to attest thereto; and That said Acquisition Agreement is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. CITY OF RANCHO CUCA1VIONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Larn, AICP, City Manager William J. O~leil, City Engineer Lucinda E. Haekett, Associate Engineer APPROVAL OF A LEASE AGREEMENT BETWEEN THE JOSEPH FILIPPI VINTAGE CO., INC., AND THE CITY OF RANCHO CUCAMONGA FOR THE LEASE OF TEN ACRES OF VINEYARD ON THE CENTRAL PARK SITE AND AN AMENDMENT TO THE LAND PURCHASE FOR CENTRAL PARK SITE WITH THE LEWIS DEVELOPMENT COMPANY AND ROSEBUD CONSTRUCTION COMPANY, INC. RECOMMENDATION: It is recommended that City Council approved the lease agreement between the Joseph Filippi Vintage Co., Inc., and the City of Rancho Cucamonga for the lease of ten acres of vineyard on the Central Park site and the amendment to the Land Purchase for the Central Park Property with Lewis Development Company and Rosebud Construction, Inc. (formerly known as Lewis Construction Company, Inc.) and the City of Rancho Cucamonga to allow for the interim agricultural use of the property and authorizing the Mayor and the City Clerk to sign same. BACKGROUND/ANALYSIS: Over the past several months, staff has been researching a proposal by the Filippi family to mm a portion of Central Park into a viable vineyard. At the present time the City does not have the funds to develop the 100 acre site into a park. Staff has been working with Gino Filippi to develop a strategy by which he would be able to reclaim the plants in Central Park, at least on some limited basis, and return a portion of the park to a producing vineyard. Staff has contact other growers in the area conceming use of Central Park as a vineyard. No interest other than the Filippi family has been received. Currently, Central Park is overgrown with weeds. However, a field inspection with Gino Filippi indicates the plants are still viable and in fact, are still producing grapes. A field investigation has revealed there are three types of vines on the property. These are Zinfandel, Merlot and Mission. Gino Filippi has suggested we set aside a minimum of 10 acres of the Zinfandel vines for rehabilitation. The strategy would be to clean at least 10 ac~:es, provide some irrigation and evaluate over the next several months if sufficient grapes can be harvested to provide enough revenue to make the proposal work. CITY COUNCIL STAFF REPORT LEASE AGREEMENT/JOSEPH FILIPPI December 6, 1995 Page 2 The City Attomey has dram up a Lease Agreement with the Joseph Filippi Vintage Co., Inc., which spells out the responsibilities of the parties involved and the distribution of revenue. If successful the J. Filippi Vintage Co., Inc., will use the grapes from the vineyard for wine. Wine will be labeled as Joseph Filippi Winemaker's Reserve Limited Release, Cucamonga Valley, Central Park Vineyard. The proceeds to the City will come from the sale of grapes Only not from making or selling of wine. In May of 1984 the City acquired the Central Park Property through an Agreement with the Lewis Construction Company (now known as Rosebud Construction, Inc.) and Lewis Development Company. The original Agreement has a stipulation that "the property shall be developed and forever used solely for public park purposes". Rosebud Construction, Inc., and Lewis Development Company, Inc., have agreed to the attached amendment that modified the original Agreement and will allow for interim agricultural use of the property until the funds are available to construct the park. A copy of the original agreement is on file in the City Clerk' s office. Staff has analyzed the proposal on a cost benefit basis which is shown in the attachment. Concem has been expressed regarding the appearance of the Central Park site. While the remm from harvesting grapes is not guaranteed, the purpose of the City's commitment is to improve the appearance of the site, provide a historical expression of the City's history and provide potential educational oppommities. The site may become available for tours and staff at Cal Poly Pomona has expressed interest in our efforts. Based on the above staff recommends approving the Lease Agreement with the J. Filippi Winery, the Amendment to the Land Purchase Agreement and a budget transfer in the Beautification Account to cover expenses for this project. Respectfully submitted, William J. O'Neil City Engineer WJO:dlw Attachments Phase I Initial clean up of 10 acre vineyard Cost = $825 per acre = $8,250 (Jan.' 96) Clean up includes: 1. Mowing and cutting of brush 2. Mulching of cuttings 3. Tractor work, hand work 4. Includes some frontage work along Base Line Road Phase II First pruning and new planting Cost = $4,700 (Feb. '96) 1. Initial pruning and training of vines 2. Replace missing vines with new planting and wood stakes 3. Irigate new plantings as needed 4. Initial pest control as needed 5. Additional clean up and hard work Phase III Annual upkeep of 10 acre vineyard $8,000 (July/Aug. '96) 1. Weed abatement 2. Annual pruning and handwork 3. Irrigation as needed for new vines only 4) Pest control as needed 5) Harvesting of grapes (small harvest expected until '98) Phase IV Harvest 1. Zinfandel grapes went for $350 to $450 per ton in 1994 harvest 2. Estimate yield 3 to 4 tons per acre for Central Park vineyard Summary of Costs & Proceeds: Based on a yield per Ton of $350.00 Phase I $ 8,250 Phase II $ 4.700 City's initial outlay $12,950 Harvest: ('96) 1st year $350 x 3 Tons x 10'Acres Annual Pruning & Upkeep (Phase III & IV) Yield to City $10,500 (8.000) $ 2,500 ('97) 2nd year $350 x 3 Tons x 10 Acres Annual Prunning & Upkeep (Phase III & IV) Yield to City $10,500 (8.000) $ 2,500 ('98) 3rd year $350 x 4 Tons (anticipated increase in harvest) x 10 Acres = Annual Pmnning & Upkeep Yield to City $14,000 (8.000) $ 6,000 ('99) 3rd year $350 x 4 Tons (anticipated increase in harvest) x 10 Acres = Annual Pmnning & Upkeep Yield to City $14,000 (8.000) $ 6,000 Total proceeds after 4 years -City's initial outlay Yield to City after 4 harvests $17,000 (12.950) $ 4,050 After 4 years yield estimated to be $2,500 to $10,000 depending on yield of grapes. AMEND1MENT NO. 1 TO LAND PURCtlASE AND GIFT AGREENIENT This Amendment No. I to Land Purchase and Gi~ Agrecment (the "Amendment") is made and entered into this__ day of __., 1995, by and bctxveen ROSEBUD CONSTRUCTION, INC., a California corporation (formerly I,ewis Construction Co., Inc.) and LE\VIS DEVELOPMENT CO., a General Partnership (hcreinafter collectively referred to as "Lewis"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinaftcr referred to as the "City"). A. P, ecitals, (i) On May 24, 1984, I,ewis and City e~tered into that Lm~d Purchase m~d Gig Agreement (the "Agreement") concerning, in pcrtinent part, the purchase and gift of that real property for public park purposes ,knox,,,q~ commonly k3mxvn as "Central Park." (ii) 'fhe Agrccinent provides (at paragraph 2(a)) that the Central Park property "...shall be developed and forever used solely for public pm'k purposes or ancillary commercial purposes .... (iii) Prior to transfcr to City, portions of the Central Park property ,.,,'ere developed and operated as a vineyard. City desires, as an interim use pending full development of the park, to lcase a portion of the property tbr operation as a vineyard, together with associated public arechilies retatcd thereto. (iv) City and Lewis n-mtually agree that the vineyard operation is an appropriate interim use tbr the property and agree to amend the Agreement accordingly. B. Agreement. NOW, THEREFORE, in consideration of the Recitals and covenants containcd herein, Lewis and City agree as follows: I. Paragraph 2(a) of the Agreement is hereby amended to read, ir~ words and figures, as follows: t.7, RC~.\N 1DAG REE',6.18 "(a) that the Property shall be developed and tbrever used solely for public park puq.~oses or ancillary commercial pu~oses; provided, that pending completion of full improvenmnts to the park, any or all of tile existing vineyards may be fiarmed a.nd harvested for commercial sate by City, or City's lessee. This interim use of the vineyard shall only be valid for a period of ten (I 0) yem's following the efti:ctive date of this Amendment unless extended by written agreement of City and Lewi.s." 2. Except as expressly amended by Ibis Amendment, the Agreement shall remain in full force and efii:ct. IN WITNESS WHEREOF, the City and Lewis have executed this Amendment to be effective on tile date provided hereit:. ROSEBUD CONSTRUCTION, INC., A Califorrfia Corporation By:. LEWIS DEVELOPMENT CO., A General Partnership By: CITY OF RANClIO CUCAMONGA, A Municipal Corporation By: William J. Alexander, klayor ATTEST: By: City Clerk C, RCxAMD,-x. GREE'~6.18 2 LAND PURCHASE AND GIFT AGREEMENT This Land Purchase and Gift Agreement (the "Agreement") is made the n~Vt~c day of by~X~n~ , 1984 (hereinafter referred to as the "Effective Date"), etween LEWIS CONSTRUCTION CO., INC., a California corpora- tion, and LEWIS DEVELOPMENT CO., a general partnership (hereinafter collec- tively referred to as "Lewis"), and the CITY OF RANCHO CUCAI~ONGA, a Municipal corporation (hereinafter referred to as the "City"). RECITALS Am City acknowledges that an appraisal by a qualified appraiser has been completed and agrees that the fair market value of the property which is the subject of this Agreement is $7,900°000.00, as established by that appraisal, which amount is equivalent to approximately $76,350.00 per gross acre. City desires to acquire the above-mentioned property for public park purposes, but has determined it is financially unable to pay the appraised value. City recognizes and gratefully acknowledges that Lewis is making a gift to the City by conveying said property for an amount well below fair market value and on terms and conditions more favorable to the City than would be customary in a land sale transaction between private parties. NOW, 'THEREFDRE, IN CONSIDERATIDN OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATIONS, the parties hereto agree as follows: The City agrees to purchase from Lewis, and Lewis agrees to sell to the City, according to the terms and conditions herein contained, that certain real property in the City of Rancho Cucamonga, San Bernardino County, California, as more fully described in Exhibit "A" attached hereto and made a part hereof and consisting of one hundred three'and Rev. 052284 Land Purchase and Gif~ greement Page 2 forty-seven one-hundredths {103.47} gross acres, more or less .{hereinafter referred to as the "Property"}, being one hundred five and forty-six one-hundredths'{105.46) gross' acres measured from the ultimate centerlin~s of adjacent roads, less approximately one and ninety-nine one-hundredths (1.99} acres already conveyed for purposes of public road right-of-way. The acreage to be conveyed shall be determined. by a licensed civil engineer selected by Lewis. The City shall have the right to review and approve such survey. 2. The City represents and warrants, which representation and warranty are material parts of the consideration to Lewis: {a} that the Property shall be developed and forever used solely for public park purposes or ancillary commercial'purposes; (b) that in recognition of the gift from Lewis a portion of the Property including the first phase of parkland to be developed, consisting of approximately one-third (1/3) of the Property, shall be named the "Ralph M. Lewis Sports Complex", or such other name as may be acceptable to Lewis. 3. The purchase price to be paid by the City to Lewis for the Property shall be Five Million One Nundred Seventy-three Thousand Five Nundred and 00/00 Dollars {$5,173,500.00). Notwithstanding the foregoing, if the survey of the Property to be furnished by Lewis to the City, as herein provided, reflects that the number of gross acres comprising the Property is more or less than 103.47, the purchase price shall be increased or reduced by the product of $50,000.00 times the number of gross acres of the Property more or less than that figure. The parties intend that the difference between the fair market value acknowledged in Recital "A" of this Agreement and the Purchase Price as herein established be deemed a gift from Lewis to the City. 3.1 An escrow for this transaction shall be opened at the San Bernardino office of TICOR Title Insurance Company, which entity shall be hereinafter referred to as the "Escrow Holder". Escrow Rev. 052984 Land Purchase and Gift Agreement Page 3 shall be opened within ten (10) business days after execution of this Agreement by both parties and shall be deemed open at the time a fully executed copy of same is deposited with the Escrow Holder. 3.2 The close of escrow for the purchase and sale of the Property shall occur on October 1, 1984, or as soon as possible thereafter, and must take place by November 30, 1984, failing. which escrow shall be cancelled and this Agreement shall terminate; provided, however, that so long as the City has met all duties, requirements, and conditions precedent to the closing which are required of it pursuant to this Agreement, including execution of all documents needed for such closing, and only if Lewis has failed to meet its obligations without being prevented thereby by any action or inaction of City, then City may at its sole discretion extend such date of closing until Lewis has met such obligations and the escrow is in-condition to close. Close of escrow shall be subject to fulfillment or waiver of the following contingencies during the period extending from the Effective Date of this Agreement until such date of closing (hereinafter referred to as the "Feasibility Period"), which contingencies are for the benefit of the City only. If any of t~e following contingencies is not fulfilled or waived prior to the end of the Feasibility Period, the City may cancel escrow and terminate this Agreement without further obligation, rights, or liability: (a) City's approval of a CLTA preliminary title report furnished by Lewis within twenty-one (21} days after the Effective Date hereof. Lewis agrees not to further encumber the Property subsequent to the date of issuance of such report. In the event the City expressly disapproves any matters of title not listed in Section 13 of this Agreement, then it may cancel escrow and terminate this Agreement without fault, or, at its election, accept the Property without abatement of the Purchase Price. Rev. 052284 Land Purchase and Gift o.greement Page 4 (b) City's approva! of such engineering studies, soils test reports, and financing and development feasibility studies, conducted at its own expense, as the City, in its sole discretion, may deem necessary or desirable to the end that the City is satisfied that the Property can be reasonably developed for the purposes intended. During the period of time between the Effective Date and the close of escrow Lewis grants City a non-exclusive license to enter onto the Property for the purpose of conducting such {ests and City agrees to indemnify and hold Lewis harmless from all liability, loss, damages, claims, cost, or expenses arising from such entry and use. (c) City's approval of the map for subdivision of land as described in Paragraph S hereof, which approval may not be unreasonably withheld. 4. The Purchase Price shall be payable according to the terms of Ctty's note {hereinafter referred to as the "Note"} secured by a trust deed (hereinafter referred to as the."All Inclusive Purchase Money Deed of Trust"), both to be duly executed and delivered to Escrow Holder at the close of escrow, specimen copies of each being attached hereto as Exhibits "B" and "C", respectively. Yhe Note and All Inclusive Purchase Money Deed of Trust shall be in the nature of "All-Inclusive" or "Wrap-Around" instruments as the total principal amount includes certain unpaid principal balances on promissory notes secured by senior deeds of trust. Said Note and All Inclusive Purchase Money Deed of Trust shall require that the Purchase-Price shall be paid in ten (10) annual payments which shall each include principal plus interest as defined herein. Each annual principal installment shall be in the amount of one-tenth (1/10) of the total Purchase Price. Each annual payment shall additionally include all accrued interest on the annual principal installment at the annual rate of twelve percent (12%), compounded annually from the date of close of escrow. lhe first such annual payment shall be due and payable August 1, 1985, and the remaining payments shall be due annually thereafter until all Rev. 052284 Land Purchase and Gift Agreement Page 5 principal and interest has been paid. In the event the City is unable, in good faith, to make an annual payment or portion thereof when due, then provided it is not then in default of any of the terms of this Agreement or the All Inclusive Purchase Money Deed of Trust it may elect one time and one time only during the period of the Note, and upon sixty {60) days' advance notification to Lewis, to defer for a period of one {1) year the portion of that annual payment which it is unable to pay. In the event of such election, any portion of the payment tendered when originally due shall be applied first to interest accrued. Interest upon the deferred principal installment shall continue to accrue, and at the end of such deferral period City shall make a payment consisting of the deferred principal and all accrued interest to the date of payment as well as the annual payment (including principal and interest) which normally would have been due at that time without regard to such deferral. ~s a condition to the close of escrow, and for the benefit of the City, the Property shall be divided out of the land of which it is a part and shall be further divided into not less than ten (10) parcels {hereinafter referred as the "Lots") of ten (10) acres apiece substan- tially in the manner illustrated on the Lot Release Map of Exhibit "D", attached hereto and made a part hereof. The easterly-most, or tenth,'Lot will be larger or smaller than ten (10) acres to reflect the actual acreage of the Property as determined by survey. During the Feasibility Period herein defined, Lewis shall comply with all requirements of law relating to both the division and the further division of land hereinabove mentioned. City agrees to expedite the processing of the land division application, and that there shall be no fees or other exactions charged as a result of this intended land division. At the time the City makes each annual payment, including 'principal and accrued interest and provided it is not then in default of any of the provisions of this Agreement or the All Inclusive Purchase Money Deed of Trust, City may request, 'and shall be granted by Lewis, reconveyance from the lien of the All Inclusive Purchase Money Deed of Rev. 052284 Land Purchase and Gift Agreement Page 6 Trust of one (1) of the ten (10) Lots. The first Lot designated for reconveyance shall be the southwesterly-most Lot, adjacent to Deer Creek, and the second shall be the northwesterly-most. Subsequent reconveyances shall be in the numerical sequence indicated on Exhibit D. Lewis and the City agree that the All Inclusive Purchase Money Deed of Trust shall have included in it this release provision. 7. Provided it is not then in default of any of the provisions of this Agreement or the All Inclusive Purchase'Money Deed o~ Trust, City shall have the option to obtain a release from the lien of the All Inclusive Purchase Money Deed of Trust for any Lot in next ascending numerical order to a Lot previously reconveyed to City by paying: (a) the principal amount of the annual payment next due, plus (b) the accrued interest on that principal amount to date of payment according to the terms of the Note; provided, that principal payments made pursuant to this Section of the Agreement shall be credited against the next annual payment due to be made under the terms of the Note. 8. t its sole cost and expense and at any time after close of escrow, he City may install park improvements upon the Property. Subject to the provisions of this Section the City shall, at its sole cost and expense, install all public works improvements within future street rights-of-way to the centerlines of streets on the perimeter of the Property. Such public works improvements within street rights-of-way include, without limitation as to the completeness of the list, curb, gutter, pavement, storm drain, master planned storm drain improvements, street lights, usual signalization costs, utilities installation (including undergrounding of electrical service), any utility extension required to serve the Property, gas, electric, telephone, cable TV, median islands, pedestrian crossings, costs related to Deer Creek Channel crossings, and all other similar improvements (hereinafter collectively referred as the "street Rev. 052284 Land Purchase and Gift Agreement Page 7 improvements"), and shall be installed by the City no later than the time of development of Terra Vista subdivisions fronting on the opposite side of the segment of street in question except as provided herein. In the event City has not yet obtained reconveyance from Lewis or its trustee from the lien of the All Inclusive Purchase Money Deed of Trust applicable to any Lot which includes such segment at the time such construction is to commence, then City may defer that installation; provided, however, Lewis, in its discretion, may then elect to loan to the City or advance the cost of' such street improvements in that segment, or to construct such improvements; if Lewis elects either course of action the City shall at the time of reconveyance of such Lot from the lien of the All Inclusive Purchase Money Deed of Trust repay to Lewis its actual costs incurred for such street improvements, plus interest on such amounts from the date of completion to the date of payment at a twelve percent (12%) annual rate compounded annually until paid. In the event the City has elected to construct such street improvements at its own expense and thereafter waives or forfeits its right to obtain reconveyance for any Lot'or Lots which include such completed street improvements, then at such time the waiver or forfeiture is final Lewis shall repay to the City its actual costs incurred for such street improvements plus interest for such amounts from the date of.completion to the date of payment at a twelve percent (12%) annual rate, compounded annually until paid. 9. In the event Lewis reacquires title to any of the Lots, or portion thereof, whether because the City waives or forfeits its right to further reconveyances from the lien of the All Inclusive Purchase Money Deed of Trust prior to release of all the Lots from such encumbrance, or by foreclosure as a result of default in the All Inclusive Purchase Honey Deed of Trust, by tender of deed in lieu of foreclosure, by exercise by Lewis of its right to repurchase, or by any other means, then with respect to such Lots reacquired by Lewis; (a) the City agrees to remove, at its sole cost and expense, any park Rev. 052284 Land Purchase and Gif kgreement Page 8 improvements installed thereon and to restore said Lots to the land condition exi'sting as of the Effective Date of this Agreement to the extent Lewis shall so request. (b) Lewis may apply at any time thereafter to begin development of such Lots pursuant to Section VI of the Tetra Vista Con~nunity Plan adopted February 16, 1983 {the "Con~nunity Plan") which provides in part that "the site will [then] be developed for income property uses, that is, rental properties intended to be maintained by the owner/developer for its investment portfolio...", and the City agrees to process such application in good faith consistent with said Con~nunity Plan and General Plan of the City. 10. The Note and All Inclusive Purchase Money Deed of Trust shall not be assumable, and any attempt by the City to transfer or assign its obli- gations or to convey its interest in the Property encumbered thereby shall be deemed a material default thereunder. In the event the City does not develop and continue to use all of the Lots as public park but instead desires to sell or otherwise transfer all or a portion of the Lots directly or indirectly after reconveyance from the lien of the All Inclusive Purchase Money Deed of Trust, then Lewis may exer- cise a right of repurchase, which right i's hereby granted for a period beginning at close of escrow of this transaction and. terminating twenty (20) years thereafter, by serving notice of such exercise on the City within sixty (60) days after notification by the City of its desire to sell or transfer, and by tendering to the City, in cash, within one hundred eighty (180) days after such notification by the City the full amount paid by the City for obtaining reconveyance of the Lot or Lots from the lien of the All Inclusive Purchase Money Deed of Trust. For purposes of this Section 10 of this AgreemenU a lease, license, or similar grant to a private business entity for purposes of providing or operating public recreational facilities or ancillary com- mercial facilities shall not be a default in the terms hereof or the All Inclusive Purchase Money Deed of Trust and shall not activate this right of repurchase. Such right of repurchase shall be included within Rev. D52984 Land Purchase and Gift Agreement Page 9 the Grant Deed. The right of repurchase granted pursuant to this paragraph shall not be appurtenant to the land, but shall belong solely to Lewis and may be assigned only to a business entity, more than fifty percent (50%) of which is owned and controlled, directly or indirectly, by one or more of Ralph H. Lewis, Goldy S. Lewis, Richard A. Lewis, Robert E. Lewis, Roger G. Lewis, Randall W. Lewis, Edwin C. Kin~nel, or to any one or more of such individuals or their h~irs. 11. This Agreement and the obligations of Lewis and the City hereunder shall be contingent upon deposit into escrow within ten (10) business days after the Effective Date hereof of a signed copy of this Agree- ment. 12. (Not used.) 13. City shall accept conveyance of the Property at close of escrow by way of Grant Deed subject to: (a]. general and special taxes not yet delinquent; (b) such reservations, restrictions, covenants, conditions, easements, rights of way, rights of record, exceptions, a~sessments, outstanding mineral interests and similar encumbrances which presently exist, plus the right of repurchase reserved in this Agreement, including but not limited to those shown in the preliminary status of title attached to this Agreement as Exhibit "E" and incorporated herein by this reference, and (c) trust deed encumbrances shown 'as items B, 9, and 11 on said Exhibit E, which are outstanding at the date of this Agreement and will be satisfied by Lewis according to thei~ terms; provided, however, that at the time City has become entitled to reconveyance of a Lot pursuant to this Agreement, and upon the condition that City is not in default hereunder, such reconveyance shall be free and clear of such trust deed Rev. 052284 Land Purchase and Gift Agreement Page 10 encumbrances. City agrees in entering into this Agreement subject to such trust deeds that it will honor and abide by the terms and conditions contained therein, and any act of default by City under such trust deed shall be deemed a default under the All Inclusive Purchase Money Deed of Trust. 13.1 Lewis shall furnish, at its cost and expense, a CLTA Standard title policy issued by TICOR Title Insurance Company or another title company mutually acceptable to'the parties, ~ubject to the printed exceptions to such policy,. the exceptions identified in Section 13 of this Agreement, and all other further matters as may be approved or waived by the City. In the event the City desires that an ALTA policy be-issued, or requires any indorsements to the policy furnished, all c~sts related thereto (including the cost of the required ALTA survey) shall be paid, prior to close of escrow, by the City. 14. All taxes, assessments, and insurance premiums, if any, pertaining to the. Property shall be prorated on the basis of 30-day months and the latest available tax bills as of 12:00 Midnight Pacific Standard Time on the date of close of escrow. Payments or reimbursements due to Lewis or the City as a result of this proration shall be deposited into escrow by the party owing same before the date set for closing, and shall be a condition precedent to any executory obligations of the party to receive such proceeds. Documentary transfer taxes shall be paid by City. All costs and expenses incurred in this transaction, to the extent not provided for herein, shall be divided between the parties in such manner as is customary in San Bernardino County. 15. (Not used.) 16. City agrees with, and represents to Lewis that the Property' is being purchased in its "as-is" condition, has been inspected by it, and that it has been assured by means independent of Lewis or of any agent of Lewis of the truth of all facts material to this Agreement, and that said Property is and has been purchased by the City as a result of Rev. 052284 Land Purchase and Gift ~greement Page 11 such inspection or investigation and not by or through any representa- tions made by Lewis, or by an agent of Lewis. City hereby expressly waives any and all claims for damages or for rescission or cancella- tion of this Agreement because bf any representations made by Lewis or by any agent of Lewis, other than such representations as may be contained in this Agreement. City further agrees that Lewis and any and all agents of Lewis shall not be liable for or on account of any inducements, promises, representations, or agreements not contained in this Agreement; that no agent or employee of Lewis i~ or has been authorized by Lewis to make any representations with respect to the Property, and that if any such representations have been made they are wholly unauthorized, not binding on Lewis, and are not relied upon by the City. 17. City acknowledges that it is aware of the contemplated land uses of Terra Vista in the vicinity of this Property, and that it will endeavor to plan and implement the park improvements in such a manner as to minimize or totally avoid, if possible, any negative impact on the.surrounding lands. 18. City agrees that maintenance and operation costs of the Property shall be spread city-wide, and will not be allocated solely to Terra Vista residents. 19. All notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writ- ing. All notices and demands may be personally served or shall be sent by United' States mail, postage prepaid, addressed to the address below designated or to such other place as a party may from time to time designate in a notice given in accordance with this paragraph. 20. The covenants, conditions, warranties, and representations herein contained shall survive the close of escrow, issuance of any deed or reconveyance, or similar act contemplated by this Agreement and shall not be merged therein. Each such provision shall apply to and bind Rev. 052284 Land Purchase and Gift ,greement Page 12 the heirs, successors, executors, administrators, and assigns of all the partie~ hereto according to the teFms of this paragraph. 21. In the event of any action or proceeding brought by any party against any other under this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable as attorneys' fees, whether or not the proceeding continues to judgment. 22. Any provision of this Agreement which shall prove to be invalid, void, unenforceable, or illegal shall in no way affect, impair, or invali- date any other provision hereof and such other provisions shall remain in full force and effect. 23. The parties hereto are ac~ing as independent entities and this Agree- ment shall not constitute a partnership, agency, or other business relationship between or among them. 24. In the event of alleged default or breach of any terms or conditions of this Agreement, other than City's payment obligations under the Note, the breach of which is discussed separately in this Agreement, the pa~ty alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. In the event such breach or default is not cured within such period, the non-defaulting party may enforce this Agreement by bringing an action in law or equity, and the parties agree that specific performance shall be an appropriate remedy to be sought. 25. Each party hereby represents to the other that no real estate broker- age con~nissions or finder's fees are payable by either party with respect to the transactions contemplated herein. Rev. 052284 Land Purchase and Gift Agreement Page 13 26. Time is of the essence for each provision of this Agreement of which time is a factor. 27. No amendment or modification to the provisions hereof shall be binding upon the parties unless in writing and executed in the same manner as the Agreement itself. 28. The Recitals to this Agreement are incorporated herein and by this reference made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date herein provided. "Lewis" LEWIS CONSTRUCTION CO., INC. a California corporation 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91786-0670 By: ~ ~ x/~ "City" its Assistant Secretary CITY OF RANCHO CUCAMONGA, a Municipal Corporation 9320 Base Line Road, Unit "C" Rancho Cucamonga, CA 91730 By: ~ JPW:drh/91BW 052184 LEWIS DEVELOPMENT CO., a general partnership 1156 N. Mountain Avenue Post Offic ox 670 Upland, 91786-06 0 By ATTEST: CIty Cle/k Rev. 052284 CENTRAL PARK VINEYARD LEASE 'this Lease is made and entered into by and between the CITY OF R_ANCHO CUCAM2ONGA, a municipal corporation (hcrcina~er referred to as "I,ANDLORD") and J. FI I,I PPI VINTAGE CO., INC.,, a California corporation (hereina~er referred to as "TENANT"). 7 1. Frelniscs. LANDI,ORD hereby agrees to lease to TENAN'F and TENANT agrees to lease from LANDI,ORD that certain parcel of real property, approximately ten (10) acres located within Central Park i~ the City of Ranthe Cucamonga, Calit~mia, hcreinafter referred to as "the Premises", all as more particularly described in Exhibits "A-I" and "A-2" hereto ,-'rod by this refcrer~ce made a part hereof. This Lease is subject to the terms, covenants and conditions hcrcinafter set forth and TENANT covenants, as a material part of the consideration for this Lease, to keep and perform each and every term, covenant and condition of said Lease. A. The term el'this Lease shall be for a maximum often (10) years, subject to armual renewal oftl'~e lease each year following the first year following comrnenccment of lhe Lease. B. In the event that TENANT shall not be in default in the pcrfommnce of any tem~ or condition under this Lease (with all cure periods having lapsod), then following the annual grape ha~xest and prior to the first day of January, TENANT shall have the option to renew ~his Lease tbr an additional tem~ of one (1) year. Dt~ring any sttch renewal. period, all of the terms and conditions el'this L~se shall ~emain in full lbrce and effect. Said renewal options shall be exercised by personal delivery or by certified mail, postage prepaid, of such notice of exercise of option to LANDLORD at the address set fm~h herein for notices. Subject to 1.ANDI,O~'s ~ittcn authorization of each such option (executed by the City Manager, of LANDLORD or his or her designee), such exercise oflhe options granted hereunder shall automatically extend the term ot' this [,ease upo~ the lerms and C."xRC'M,EASES\CNTRI-PRK\ 6.18 conditions set forth heroin, and no furthe,' v,q'iting need be exercised by TENANT or I,ANDLORD. In the event that any option spccified heroin is t~ot exercised as provided, within the time period provided, then said option and remaining options, if any, shall expire, and TENANT shall not have a~y right to renew said Lease. C. No annual renewal as provided heroin shall be effective unless authorized, in '~witlng, by LANDLORD. LANDLORD may, without compensation or reimbursement to TENANT, without cause and at LANDI,ORD's sole discretion, withhold authorization of any renewal option. In the event that I,ANDLORD withholds authc.rization o1' any renewal option as specified heroin, said option and any ren~aining option, if any, shall expire and TENANT shall not have any right to renew fl~is l,easc. In addition to the foregoing ten'nination for failure to authorize an opl. ion, LANDLORD shall have the right to terminate '~his l.ease on all or any portion o1' the land described heroinabove at any time upon providing thirty (30) days ~vritten notice to 'FENANT. In the event of such termination, TENANT shall be entitled to be reimbursed from LANDI.ORD for the reasonable annual expenses incurred by TENANT l~llowir~g the previcn-~s seasons grape harvest up to, and inch.~ding, the date ot' tcrmination. Additionally, in the event LANDLORD termirmtes this Lease prior to a given season's grape harvest m'~d LANDI,ORD elects to harvest the grapes for salc that season, TENANT shall be entitled to twenty-five pcrcel~t (25%) of the market price grape sale profit. D. Upon expiration or termination of this l,ease, the parties hcrcto shall be relieved of any further obligations under this l,ease; provided LANDLORD and TENANT shall continue to have available all remedies for a breach of this I.,easc occurring prior to the date of such expiration or termination. Within sixty (60) days following the expiration or terminaiion of this Lease, TENANT shall remove its personal property and fixtures and restore the premises to its original condition. 3. _'Renl. TENAN'l? shall not be obligated to pay rent to LANDLORD, rather, the co~sidcration for which the Premises shall be leased to TENANT shall be C\RC\LEASE..e,x. CNTrO..PRK\ 6.18 TENANTs obligation to ensure, maintain and repair tl~e Premises as well as share in the profits of the sale of grapes harvested on the Premise-s as provided hcrcirx. 4, ILLs. TENANT shall use the Premises for the sole purpose of planting, mair~tai nir~g and operating a vineyard ibr the purpose of' the sale o1' grapes for winemaking. "I'ENANT agrees that it is its sole obligation .to obtain any and all necessary certificates, permits and/or othe. r approvals which may be reqt~ircd fi'on'x ,--uxy federal, state or... local authority to conduct such vineyard operations and/or the production and sale of wine. 5. Landlord Agrees: A. To reimburse TENANT for the actual cost of initial clean-up of the Premises. Such initial clean-up shall include: 1. Mowing and cutting of brush; 2. Mulching of cuttings; 3. Clearing of debris by tractor and hand; ,-rod, 4. Misccllaneotts access improvements along Baseline Road. Reimbursement shall be based upon invoices provided 'to LANDI.O}LD within ninety (.90) days following commencemerit of this Lease in an amount not to exceed Eight I Iundrcd Twenty-five Dollars ($825.00) per acre. B. To reimburse TENANT for the actual cost of the first pruning an,i new plar~ting of the vineyards in a total amount not to exceed Four Thousated Dollars ($L,000.00). Such pruning and planting activity shall include (1) initial pnlnir~g and trailring of vines; (2) replacement of missing vines with new planrings and wood stakes; (3) irrigate new planrings as he. cried; (4) initial pest control as needed; and, (5) additional clean-up. Expense reimbursement shall be based on invoices provided to I,ANDLORD within five (5) monlhs following commencement of the l.easc. 6. Tenant Agrec.~: A. To perform all necessary initial clean-up and first priming and new planting as described in paragraph 5, above, withir~ the time specified ~.hercin. CXRC\LEAS g,qx.CNTKI .PRK\ 6.1 $ B. Following the initial clean-up, prunit~g arxd pl,'mting a,s specified a'..~ove, to solely responsible, without rcimbursemcrxt from I,ANDLORD, for all activities and annual keep of the Premises. Such mmual upkeep shall include, but not necessarily be limited to, )wccd abatement; (2) annual pruning and hand work; (3) irrigation as needed; (4) pest ntrol; and, (5) harvesting of grapes. C. To pay LANDLORD, within thirty (30) days following each harvest of apes, Ill't>, percent (50%) oFthe market price grape sale profit. Such payment shall be companied by any nom'tal and customary bill of sale representing the sales price of the apes harvested. h'~ the event TENANT does not sell all such harvested grapes but uses all, or ty portion thereof, tbr its ov,-n use in winemaking, TENANT shall remit the equivalent arket price grape sale profit of such retained grapes in an amount equivalent to the highest arket price available within thirty (30) days Ibllowing harvest. D. Prior to the application of any pesticicle or herbicide in eormection with the 'neyard, to obtain and comply with any and all penTtitS or rcgulat0ry prerequisites as ;tablished by any applicable regularcry jurisdiction. 7. Advertising a~kd Marketi~ of Products. In the advertising and ~arkcting of any wine produced from the grapes grown on the Premises, TENANT may utilize ~e name "Central Park Vineyard" l~r any variety thereof (at TENANT's solely discretion); owevcr, any use of the name "City of Rancho Cucamonga" other than to denote lo.:ation, is rohibited in mW advertising or marketing activity in connection 'with such product:;. 8. Compliance wilh La'~:. TENANT shall not use the Premises or peru'fit nything to be done in or about the Premises v,'hich will in any way conflict with any law, tatate, ordinance or other governmental rule or regulation now in force or which rnay :creinafter be enacted or promulgated, TENANT shall, at its sole cost m'}d expense, promptly oreply with all laws, statutes, ordinances and other governmental rules, rcgulations or equircments now in force or which may hereinaftcr be enactcd or promulgated, relating to, or ft'cctir~g the condition, use or occupancy of lhc Premises, excluding structural char-.igcs not 'elated to or a~i~ctcd by TENANT's improvements and acts. The judgment era court of 2:%..R. CXl ,EA S ES\CNT P, 1 .I.'P,_K\ 6. J 4 compctcnt jurisdiction or the adn'~ission by TENANT in any action against 'FENANn?, whether I,ANDLORD be a party thereto or not, that TENANT has violated any law, statute, ordinance or ,',u~y other govcrmnental rule or rcgulatio~ shall be conclusive of that fact as between LANDLORD ,-and TENANT. 9. Alterations and Addilio. ns. Other than as expressly required or permitted herein, TENANT shall not make or suffer to be made any alterations, additions o? in~provemcnts in or to or about tl~e Premises or any part thereof without the xwitten consent Of LANDLORD first had and obtained. Any alterations, additions or improvements to the Premises desired by TENANT, other tl.~an those expressly required or permitted her{:in, shall require I,ANDLORD's prior written consent, arid shall be made by TENANT at TENANT's sole cost and expense, and any contractor or person selected by TENANT to make the same must first be approved of, in writing, by LANDI,ORD. 10. physical Condition of Premises; Waiycr. A. By taking possession of the Premises, TENANT shall be deemed to have accepted the Premises as being in good order, candition and repair. Except as specifically set forth hcrein, LANDLORD shall have no obligation whatsoever to alter, improve or repair the Premiscs, or any part thereof, and the'parties hereto affirm that LANDI,ORD has made no representations to TENANT respecting the condition of the Premises except as specifically set forth herein. B. LANDLORD shall ~ot be liable for any hilure to make m'~y such repairs, or to pert~rrn any maintenance exccpt as specifically provided herein. TENANT hereby specifically \valves the right to make repairs at LANDLOP,-D's expense urtd¢:r any law, statt~te or ordinance now or hereafter in effect. C. TENANT shall accept possession of the Premises, in an "as is" physical condition with no warranty, cxpress or implied, by LANDLORD as to the condition of the soil, its geology, its suitability for the use intended by the TENANT, any onsite soils contarrtination or any similar matters. It shall be the sole responsibility and obligation of TENANT to irtvcstigate and correct any adverse soil, surface or subsurl~cC conditions of the Premises, and C\RC\[EASI:'S\CNTRLPR. K\ 6. t 8 ....... -=.r*-, I F' . E~3:*~*" I 4 to take such action as may be ncccssary to place the Premises in a cor~dition entirely :~uitablc for the use intended by TENANT and agreed to by LANDLORD as is set forth hereln. D. TENANT hereby specifically waives any rights TENANT rnay have against LANDLORD with regard to the condition of the Premises, inch~ding, but no, limited to, soils, toxic or hazardous materi'als, fill material, compaction, geologic constraints and faults. 'FENANT also further agrees to indemnify and l~old harmless LANDLORD fi'o~'~ and against any ,':rod all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including without limitation, the xreasonable fees and disbursements of legal counsel, expert wimesses and account,'mts) and all foreseeable arid unforesccable consequential damages which might arise or be asserted against I.ANDLORD as a result of a claimed violation of any and all present and ~m.~re fedc'ral, stale and local laws (whether under common law, statute, rule, regulatior~ or otherwise), including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through 9657, inclusive; Transportation:. of Hazardous Materials and Wastes (IIMTA). 49 U.S.C. App. §§ 1801 through 1813, inclusive; the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through 6992, inclusive; 40 C.I.'.R. Parts 260 through 271, inclusive~ the California IIazarclous Substance Account Ac~ (HSAA), California Health and Safety Code §§ 25300 through 25395, inclusive; the Calil~rnia llazardous Waste Control Act (IIWCA), Culit~rnia Health and Safety Coae §§ 25100 through 25249, inclusive; the Porter-Cologne Water Quality Control Act, California Water Codc §§ 13000 through 13999.16, inclusive; and the Underground Storage Tank Act CUSTA), CaliFornia Ilealth and Sal>.ty (:ode §§ 24280 through 24299.7, inchlsive, all as the same may be amended ti'om time to time, relating to the enviro~mcnt or to hazardous substance, activity or material connected with TENANT's use of the Premises. This environmental indcmnity shall survive the expiration or termination of this Lease as to activities taking place or occurring on or about the Premises prior to such expiratiorl or termination. C'XRCx..LEASESx. CN'I'R, .PRK~. 6. l 8 (--el SAID WAIVER IS SPECIFICAI.LY AGREED '1'O BY TENANT. By: __ . E. LANDLORD shall, upon request and at TENANT's cost, provide to TENANT copies of all reports, studies, surveys and other data a. nd information on the Premises which is now available to I,ANDLORD. LANDI,ORD represents that it has no infom~ation disclosable pursuant to California Health and Safety Code § 25359,7(a). 11. _Claims Against Premises. TENANT shall not suffer or peru'fit to be en forced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's or subcontraetor's liens arising from, or any claim for any work of construction, repair, restoration, replacement or improvement of or to the Premises or any other sinqlax claim or demand howsoever the same may arise, but TENANT shall pay or cause to be paid any and all such claims or demands before any action is brought to enl~.'~rcc the same against lhe Premises. TENANT agrees to indenmi I'y and hold LANI')LORD and the Premises free and harmless of all liability for aa~y and all such claims and demands, together with LANDI,ORD's reasonable attorneys' fees and all costs and expenses in cormcction therexvith. 12. Utilities. TENANT shall pay the cost of any and all water, electrical, gas or other utility services delivered to the Premises during the tcrn~ hereof. 13. Taxes. 'FENANT shall pay, or cause to be paid, before delinquency, any and all taxes levied or assessed and which becon'te payable during the term hereof upon all ofTENANT's posscssory interest ir~ and to the Premises, leasehold improvements, equipment, fixtures. and personal property located in or about the Premises. 'FENAN3' agrees that, without prior demand or notice by LANDLORD, TENANT shall, not less than fifteen (15) days prior to the day upon which any such possessory intercst or other such tax is due, provide: LANDLORD with proof of payment of such tax. 14. Entry b)' I.~AN. DI,ORD. TENANT hereby agrees that representatives of the LANDLORD, as designated by I.ANDLORD's City Manager, shall have the: right to CMRC\I ,EASES'..CNTRLI'P,K\ 6.18 7 enter the Premises and inspect the same to determitre if the same complies with each and every term and condition of this Lease and with all applicable City, County, State and Federal laws, rules, ordinances and regulations relating to the conduct of TENANT's business. TENANT hereby waives any claim 1br damages or for arxy injury or inconvenience to or interference with TENANT's business, any loss of occupancy or quiet enjoyment of the Premises, m~d any loss occasioned thereby. LANDLORD shall at all times have and retain a key with which to: unlock any perimeter enclosures (fencing, etc.), if any permitted, surrounding TENANT's hcilities. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances, be construed or deemed to be a tbrcible or unlawfi. ll entry into, or a dctainer of, the Pren'xiscs, or an eviction of TENANT I~rom the Premises or any poaiol~ thereof. 15. Eclucatignal arul/o.r Cultural_Programs. TENANT acknowledges that the Premises are located within a public park, owned by a public entity. I,ANDLOI;:D may, at LANDLORD's sole discretion, institute and/or allow certain educational or cultural programs in and around the Premises. Prior to any such entry onto the Premises, I,ANDLORD shall provide TENANT with no less than seventy-two (72) hours prior v.q-itten riotice ofsucl't entry. TENANT hereby waives uny claim for damages for or any injury or inconvenience :~o or interfcrertce with TENANTs busincss and the quite enjoyment of the Premises that may be lost thereby and such entry shall not be construed or deemed forcible or unlawful or.try into the Premises or an eviction of the TENANT from the Premises or any portion thereof. 16. Default. Tl~e occurrence of any one or more of the following events shall constitute a clefatilt and breach of this Lease by TENANT: A. Vacatir~g or abando~m~ent ofthe Premises by TENANT; B. The failure by TENANT to make any payment required to be, made by TENANT hereunder, as arid when due, where such thilure shall continue for a period of seven (7) days after mailed written notice thereof by I. ANDLORD to TENANT, return rev. eipt requested; C. A hilure by TENANT to observe or perform any of the covenants, conditions or provisions of this Lease to bc observed or performed by TENANT, other than as C\RC\LEASESx. CNTRLPP, K\ 6.18 described in subparagraph 14.B., above, where such failure shall continue for a period of twenty (20) days after mailed written notice thereof by LANDLORD to TENANT, return receipt requested; provided, however, that if the nature of the default involves such t:hat more than thirty (30) days are reasonably required I'br its cure, then TENANT shall not be deemed to be in default if TENANT commences such cure within such thirty (30) day period and . thereafter diligently prosecutes said cure to completion; or D. The making by TENANT of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TENANT of a pe:!ition to have TENANT adjUdgcd a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case era petition filed against TENANT, the same is disrnisscd within sixty (60) days); or the appointment era trustee or a receiver to take possession of substantially all of TENANT's assets located in or about the Premises or o f TENANT's interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of TENANT's assets located in or about the premises or of TENANT's interest in this Lease, where such seizure is not discharged in thirty (30) days. 17. Remedies in_Default. In the event ofany such material default or breach by TENANT, LANDLORD may at any time thereafter and v,,ithout notice or demand and, without limiting LANDLORD in the exercise era right or remedy LANDLORD may have by reason of such dehult or breach terminate TENAN?s right to possession of the Premises by m'ty lawful means, in which case this Lease shall terminate and TENANT shall immediately surrender possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to recover from TENANT all damages incurred by LANDLORD by reason of TENANT's dchult inchtding, but not limited to, the cost of recovering possession of the Premises. Unpaid sums shall bear interest from due date thereof at the rate of eighteen percent (18%) per annum or at the maxin'turrt legal rate then in effect in California, whichever is higher. C~,RC\.L EASES\CN'I RI.PRK', 6,| g N I'l "v' -- I 5 -- 9 ~ ~.~ E I) 12 : 2 9. ~'1 A R K Pl A tq .~; A R C Z h" N ~ K I P . 1 1 / 14 18. Assig~t~rtcnt attd Subletting, TENANT shall not assign, sublet or transfer this Lease or any right hercunder to any other party or parties nor shall TENANT sublet all or any portion of the Premise. s without first obtaining the v,~'itten conse" '~f LANDLORD. Any assignrr~cnt or subletting o1' the Premises without such r ten consent shall be void for all purposes and LANDLORD may, at its option, o, "orfeilure of the saj'r~e in any manner provided by law. Consent to any other assignment, t~. or or sublctting shall be at I,ANDLORD's sole discretion and LANDI.ORD is not require,d hereunder to consent to m'~y such proposed assignment, transfer or subletting of the ]~rerniscs. 19. Altorn. cys' Fees. In the event that any action or proceeding is brought by either party to enforce arty term or provision of this Lease, the prevailing party shall recover its reasonable attorneys' l~es and costs incurred with respect thereto. 20. Fixtures. All trade fixtures and/or ten'~porary facilities irmtali:cd or on the Premises by TENANT may be removed by TENANT at any time during the term of this I,easc so long as the sin:he may be removed without pcrmar~ent damage to the Premises. TI']NANT shall repair all damage v,'hich may result therefrom to the reasonable satisfaction of I,ANDLORD. 21. lude~l~nificatiom TENANT agrees to defend, indcmnif)' and hold LANDLORD and its elected officials, officers, agents and employees fi'ee and ham'dcss from all claims for damage to persons or property by reason of TENANT's negligence or 'I'ENANT's acts or those of TENANT's employees, agents, guests or invitces in eotmection with TENANT's use and occupancy of the Premises. 22, Insurance. A. Commercial Ocneral Liability Insurance. 'fhroughout the term hereof.. at TENANT's sole cost and e. xpcnse, TENANT shall keep or cause to be kept in full force and effect, for the mutual bernefit of TENANT, and LANDLORD as an additional insured, commercial general liability insurance against claims and liability t~,'~r perserial injury, death, or property damage arising fi'om the use, Occupancy, disuse, or condition of the Premises, improvements, or adjoini~g areas or ways, providing protection of at least Two Millior~ Dollars C'x. RC,,I .EASES,,CN'|'kI.I:'P,.K\ 6.18 l0 (,,.5 ($2,000,000.00) per occurrence for bodily injury or death, and at least Five Hundred Thousand Dollars ($500,000.00) for property damage. Ally policies containing an annual general aggregate shall be subject to LANDLORD's prior approval. B. Policy Form, Contents and Insurer. All insurance required by express provision of this Lease shall be carried only in responsible insurance companies licensed to do business in the Stale of CaliR'~mia with a current A.M. Best rating of no less than A:VII. All such policies shall contain language to the effect that: (1) tile policies are prinIary ant noncontributing xvith any insurance that may be carried by I,ANDLORD; (2) they cannot be canceled or materially altered except after thirty (30) days' notice by the insurer to ..' LANDI,ORD; (3) the CITY OF RANCHO CUCAMONGA and each of CITY's elected officials, officers and employees are additional insureds; (,4) any failure by TENANT to comply with reporting or other provisions oftlie policies inch~ding breaches of warranties shall not aft~ct the required coverage; and (5) the required insurance applies separately to each insured against whon'x claim is nr-ade or suit is brought, except with respect to the limits of lhc insurcr's liability. TENANT shall furnish LANDI,ORD with copies of all certificates aud cndorsemcnts evidencing the insurance. TENANT may efl;zct for its own account ally insurance not required under this Lease. C. Failure to Mai. ntair~ Insurance; Proof of C:on~plianc.c~. TENANT shall deliver to I,ANDLORD, in the n~anner required for notices, copies of er~dorsemer~ts to all insurance policies required by this Lease, xvithin the Ibllowing time limits: (1) l:or insurance required at the comrnenccmcnt of this Lease, within ten (10) days after execution of this I,euse and prior to TENANT's occupancy of the Premises; (2) l:or insurance becoming required at a later date, at least ten (10) days before that requiren'~ent lakes efti:ct, or as soon thereafter as the requirement, if new, takes cffect; (3) For any renewal or replacerner~t of a policy already in existence, prior to expiration or other ten'nination of the existing policy. 23. Authorit)' of Parlies, Each individual executing this Lease on behal F of each party represents an'd warrants that lie or she is fi~lly authorized to cxecute and deliver this C~,RC~LEASES\CN'I'RI,vRK\ 6.1 g 1l Lease on behalf of such party and that this Lease is binding upon such party in accorc ance. with its terms. 24. Waiver. The waiver by I.ANDLORD ofany term, covenant or conditiort herein contained shall not be deemed to be a waiver of such ten'n, coveham or condition on m~y subsequent breach of the same or any other tcrrn, covenant or condition herein contained. 25. ,.$.ig~.. TENANT shall not place any sign upon the Premises without I,ANDLORD's prior written consent and approval' thereof. 26. SuccessQrs. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall irmre to the bene lit of the successors of the respective parties. 27. Mollcos, Except where otherwise required hcreir~, any notice required or permitted under the remus of this Lease shall be deemed served when pcrsor~ally sc~'ed on TENANT or LANDLORD or when the same has been placed in the United States mail, postage prepaid and addressed as Follows: TENANT: J. Filippi Vintage Co., Inc. 12467 Baseline Road Rancho Cucamonga, Calitim~ia 91739 Attention: Girno Filippi I,ANDLORD: City ofRancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Mar~ager COPY TO: 28. Entire Agreement.. This Lease contains the entire agrecmen:t between the parties. No promise, representations, warranty, or covenant not included in this Lease has , been or is relied on by either party. Each party has relied on its own examination of'thi's l,ease, the counsel ot'its owr~ advisors, and the warranties, representations, and covcnants i'.n the Lease C~RC'M,EASES\CNIPd. PPJ<\ 6.18 12 itseli'. The Failure or refusal of either party to inspect the Premises or improvcmcnts, to read the Lease or other documents or to obtain legal or other advice relevant to this transuction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice. WHEREFORE, the parties hcrcto have entered into the Lease as of the date set forth below opposite the name of each signatory hereto. "TENANT" J. FIMPPI CO., INC. A Calit~rnia Corporation Dated: By: ...... Its: "I.ANDLORD" CITY OF RANCHO CUCAMONGA. A Municipal Coq>oration Dated: Attcst: By: William J. Alexander, Mayor Debra J. Adams, City Clerk C'~RCXl,EA.S ES\CNTRLPRK\ 6.18 13 CITY OF RANCHO CUCA1VIONGA STAFF REPORT DATE: December 6, 1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager, FROM: William J. O' Neil, City Engineer BY: Dale Catron, City Facilities Supervisor SUBJECT: APPROVAL TO AWARD AND AUTHORIZATION FOR EXECUTION OF JANITORIAL SERVICE CONTRACTS FOR CITY FACILITIES TO MERCHANTS BUILDING MAINTENANCE OF MONTEREY, CALIFORNIA, IN THE AMOUNT OF $60,036.00, TO BE FUNDED FROM ACCOUNT NO. 01-4245- 6036 AND $9,317.00 TO BE FUNDED FROM ACCOUNT NO. 02-4532-6032. RECOMMENDATION: It is recommended that the City Council approve the award and authorize the execution of contracts for Janitorial Services for City's Facilities to Merchants Building Maintenance of Monterey Park, California. The contract is renewable annually starting July 1, 1997. BACKGROUND/ANALYSIS: Bids were solicited, received and opened on September 21, 1995 at 3:00 PM. Pursuant to bid opening, a thorough analysis of references, staffing abilities, ability to comply with Contract specifications and value to the City was conducted. Four responsive bidders were selected to continue the process through an oral review board, three for all Facilities and the low bidder for the Library. Subsequent to the review process, Social Vocational Services (the low bidder for the Library), rescinded their proposal. Merchants was selected as the lowest responsive/responsible bidder for the Citywide facilities. Merchants, as indicated by the Bid Summary, is the second to low bid, American Building Maintenance was the low bid, but analysis showed that their overall capabilities were weaker than the competitors. Also American Building Maintenance was terminated fi-om a previous City contract due to performance issues. Staff has reviewed the bids and found them to be complete and in accordance with the bid requirements, a bid summary is attached. City Engineer WJO:DC:dlw ~,,.Attachment '~ 0 co 0 0 t"xl 0 0~. '~ ~ ~ 0 .~ 0 co 0 ~-~ 0 0 70 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Cotmoil Jack Lam, City Manager, AICP Robert C. Dominguez, Administrative Services Director A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO TBE CONTRACT BETWEEN TBE BOARD OF ADMINISTRATION OF TBE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND TBE CITY COUNCIL OF THE CITY OF RANCBO CUCAMONGA RECOMMENDATION It is recommended that the City Council adopt the Resolution of Intention to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Rancho Cucamonga. BACKGROUND The Board of Administration of the Public Employees' Retirement System and the City entered into a contract effective January 28, 1978 and witnessed January 26, 1978, amended effective September22, 1980, November 16, 1981 and September 26, 1988, which provides for participation in the Public Employees' Retirement System (PERS). The purpose of the attached Resolution of Intention is to amend the City's contract to provide 2% @ 55 Full formula for local miscellaneous members, including an extension of the funding period to the year 2016. The "Exhibit" attached to the Resolution of Intention discloses the exact verbiage of the amendments to the contract and explains specifically what paragraphs are affected; the "Exhibit" also clarifies the level of 1959 Survivor Benefits provided in the contract. City Council Meeting of 12/6/95 Staff Report Re: Amendment to PERS Contract-2% @ 55 Page 2 Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting at least two weeks prior to the adoption of the final Resolution; therefore, the attached Resolution of Intention to approve this amendment is before the Board this evening for approval. A Resolution requesting approval of the amendment to the contract will be agendized for the January 3, 1995 City Council meeting. Respectfully submitted, ~be~~o~inguez Administrative Services Director RCD:pag Attachments RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN TIlE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees 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 procedures 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 amendment 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 2% @ 55 Full formula for local miscellaneous members, including an extension of the funding period to the year 2016. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board 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. By Presiding Officer Title Date adopted and approved (Amendment) CON-302 (Rev. 8/94) AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA EXHIBIT The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 28, 1978, and witnessed January 26, 1978, and as amended effective September 22, 1980, November 16, 1981 and September 26, 1988, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 10 are hereby stricken from said contract as executed effective September 26, 1988, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. , Public Agency shall participate in the Public Employees' Retirement System from and after January 28, 1978 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a, Employees other than local safety members (herein referred to as local miscellaneous members). , In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.132 of said Retirement Law (2% at age 55 Full). PLEASE DO NOT SIGN "EXHIBIT ONLY" , , Public Agency elected and elects to be subject to the following optional provisions: a. Section 20024.2 (One-Year Final Compensation). b. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. Sections 21022/21022.1 (Industrial Disability Retirement For Local Miscellaneous Members), d. Section 21298 (Improved Non-Industrial Disability Allowance). Section 21382.4 (Third Level of 1959 Survivor Benefits) pursuant to Article 6 (commencing with Section 21380). fo Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution Rate). From September 22, 1980 and until November 15, 1981, the normal local miscellaneous member contribution rate shall be 0 %. Legislation repealed said Section effective September 29, 1980. g. Section 20614, Statutes of 1980, (To Prospectively Revoke Section 20614, Statutes of 1978). Public Agency, in accordance with Government Code Section 20759, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20759, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20759. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. This amendment shall be effective on the day of ,19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY CHIEF ACTUAR~/O ACTUARIAL OFFIC~c~ PUBLIC EMPLOYEES' ~t~I~I~MENT SYSTEM CITY COUNCIL OF THE CITY OF RAN~2 CUCAMONGA BY Presiding Officer ,,~) Witness Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 3/95) CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Butler, City Planner Scott Murphy, AICP, Associate Planner RELEASE OF IMPROVEMENT AGREEMENT WITH LIEN RIGHTS IN LIEU OF COMPLETION BOND FOR ON-SITE GRADING AND DRAINAGE FACILITIES FOR FOOTHILL MARKETPLACE PARTNERS, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN INTERSTATE 15 AND ETIWANDA AVENUE. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution releasing the Improvement Agreements with Lien Rights in Lieu of Completion Bond, authorizing the Mayor to sign the release, and the City Clerk to cause the release to record. BACKGROUND On May 6, 1992, and March 17, 1994, the City Council approved the Improvement Agreement with Lien Rights in Lieu of Completion Bond as security for on-site grading and drainage improvements required with the grading of the Foothill Marketplace center. These improvements have since been completed and accepted by the City. Therefore, the security for those improvements is no longer needed. This release does not include other improvement agreements required by the Engineering Division for off-site/street improvements. fB~$~e~ e~ City Planner BB:SM:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Notice of Release of Liens Resolution of Approval j THE WATTSON GROUP, INC. 3600 BIRCH STREET', SUITE 250 NEW'PORT BEACH, CA 92660 (7 I 4) 757-7776 FAX: (7 I 4) 757-7788 RECEIVED NOV 2 0 1995 City oi Rancho Cucamonga Planning Division November 16, 1995 Mr. Scott Murphy Associate Planner P.O. Box 807 Rancho Cucamonga, CA Mr. Murphy: Foothill Marketplace Partners is requesting from the City of Rancho Cucamonga a release on two liens placed on the Foothill Marketplace in 1992 and 1994 for grading work that has since been completed. The recorded instrument ntmabers for these liens are as follows: Instrument No. 92-230762, Recorded June 2, 1992 Instrument No.94-176321, Recorded April 14, 1994 If you have any questions regarding this request please contact me at (714) 757-7776. Sincerely, Lease Administrator RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City ofRancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 NOTICE OF RELEASE OF LIEN Let notice be given that the City ofRancho Cucamonga hereby release its lien which it had caused to be recorded on the land hereinafier more fully described, said lien having been placed thereon by the recording of a contract between the City of Rancho Cucamonga and parties being released Foothill Marketplace Partners dated May 6, 1992, and recorded June 2, 1992, as Document No. 92230762 Recorded in Official Records, San Bernardino County, State of California. The description of the land is as follows: Lots 3 through 8, 11 and 13 through 15 as shown on Parcel Map 13724, recorded February 4, 1992, in the County of San Bernardino, Pages 100-107, in Book 164 of Parcel Maps, in the Office of the County Recorder of Said County CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation BY: William J. Alexander, Mayor STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS On ,19 , before me, JAN SUTTON, DEPUTY CITY CLERK of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND and official seal. Jan Sutton Deputy City Clerk City ofRancho Cucamonga RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 NOTICE OF RELEASE OF LIEN Let notice be given that the City ofRancho Cucamonga hereby release its lien which it had caused to be recorded on the land hereinafter more fully described, said lien having been placed thereon by the recording of a contract between the City of Rancho Cucamonga and parties being released Foothill Marketplace Partners dated March 17, 1994, and recorded April 14, 1994, as Document No. 94176321 Recorded in Official Records, San Bernardino County, State of California. The description of the land is as follows: Lots 3 through 8, 11 and 13 through 15 as shown on Parcel Map 13724, recorded February 4, 1992, in the County of San Bernardino, Pages 100-107, in Book 164 of Parcel Maps, in the Office of the County Recorder of Said County CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation BY: William J. Alexander, Mayor STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS On ,19 , before me, JAN SUTTON, DEPUTY CITY CLERK of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS MY HAND and official seal. Jan Sutton Deputy City Clerk City ofRancho Cucamonga RESOLUTION NO. q--~'/~7 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM FOOTHILL MARKETPLACE PARTNERS WHEREAS, the City Council of the City ofRancho Cucamonga adopted Resolution No. 92- 134 and 94-044 accepting an Improvement Agreements with Lien Rights in Lieu of Completion Bond as security with respect to completion of certain on-site grading and drainage improvements from Foothill Marketplace Partners; and WHEREAS, said Improvement Agreement with Lien Rights in Lieu of Completion Bond was recorded in Official Records of San Bernardino County, California, on June 2, 1992, and April 14, 1994, as Document Nos. 92230762 and 94176321, respectively; and WHEREAS, said Improvement Agreement with Lien Rights in Lieu of Completion Bond is no longer required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Improvement Agreement with Lien Rights in Lieu of Completion Bond and that the City Clerk shall cause Release of Lien to be recorded in the office of the County Recorder of San Bernardino County, California. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Linda R. Beek, Junior Engineer RELEASE FAITHFUL PERFORMANCE BOND NO. 9409917, AND ACCEPT A REDUCED FAITHFUL PERFORMANCE BOND FOR TRACT 13703, LOCATED ON THE WEST SIDE OF HAVEN AVENUE, NORTH OF BANYAN RECOlVI1HENDATION: The required improvements for Tract 13703 are 99% complete. It is recommended that the City Council release the existing Faithful Performance Bond in the amount of $1,433,400.00, and authorize the City Clerk to accept a Faithful Performance Bond in the amount of $143,340.00. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 13703, located on the west side of Haven Avenue, north of Banyan, the applicant was required to complete the street improvements for the tract. That applicant has finished all improvements accept the sidewalk and drive approaches in front of the sales office and models. The applicant has submitted a reduced Faithful Performance Bond to guarantee the construction of the remaining improvements. Therefore, it is recommended that City Council release and accept the existing Faithful Performance Bonds as follows. DEVELOPER: Sheffield-Alta Loma 55, Ltd. 3400 Central Avenue, Suite 325 Riverside, CA 92506 Accept: Faithful Performance Bond $143,340.00 Release: Faithful Performance Bond No. 9409917 $1,433,400.00 Respectfully Submitted, William J. O'Neil City Engineer WJO:LRB:sd CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 6, 1995 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Scott Murphy, AICP, Associate Planner SUBJECT: CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. RECOMMENDATION The Planning Commission recommends that the City Council approve the Development Agreement through adoption of the attached Ordinance and issue a Negative Declaration for the application. ANALYSIS Over the past 3 months staff has been working with the applicant on the proposed 158-unit senior apartment project on property currently owned by the Redevelopment Agency. On November 8, 1995, the Planning Commission approved the Development Review application for the project. In conjunction with the Development Review Application, the applicant submitted a Development Agreement application request for the project. The Development Code allows certain development incentives for a developer proposing a project to be limited to seniors. These incentives reflect the different needs and requirements of senior housing from traditional multi-family development including, but not limited to, reduction in parking, a density bonus, and fee waivers. The extent of incentives allowed is predicated on the long term availability and affordability of the units for seniors. CITY COUNCIL STAFF REPORT DA 95-01 - PRAIRIE PACIFIC INVESTMENTS December 6, 1995 Page 2 In addition to the incentives identified above, the applicant is requesting deviations/variances from the Development Code requirements. A complete description of the incentives and deal points of the Development Agreement are contained in the attached copies of the Planning Commission staff reports. Because of the 100 percent affordability of the project proposed by the applicant and the 30-year term of the agreement, the Planning Commission determined that the incentives requested by the applicant are appropriate for the project. ENVIRONMENTAL ASSESSMENT Staff has conducted an environmental assessment of the proposed Development Agreement and determined that the agreement will not have a significant impact on the environment. Staff recommends the City Council issue a Negative Declaration for the project. City Planner BB:SM:mlg Attachments: Exhibit "A" - Planning Commission Staff Report dated November 8, 1995 Exhibit "B" - Planning Commission Staff Report dated October 25, 1995 Exhibit "C" - Planning Commission Resolution No. 95-53 Ordinance Approving Development Agreement 95-01 F CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: November 8, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Review 95-22. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22 PRAIRIE PACIFIC INVESTMENTS -A request to construct a 158-unit, three story senior apartment project in the High Density Residential designation (24-30 dwelling units per acre) with a Senior Housing Overlay District (SHOD), located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. BACKGROUND: On October 25, 1995, the Planning Commission considered the Development Agreement and Development Review applications. At that time, however, the Development Agreement had not been submitted to the Planning Commission for their consideration. As a result, the Commission opened the hearing to receive testimony with the intent of continuing the application for two weeks. The Planning Commission acknowledged that the project architect would not be available in two weeks and asked that any design issues be raised at this time to allow the architect the opportunity to respond or address the comments prior to the next meeting. Testimony was received from several of the residents to the west of the project. The primary concern centered on their desire to have a block wall provided between the project and their lots. Because of the grade differential between the properties, the residents felt that the wall should be 6 feet high from their pad elevation and not from the property line elevation. The residents noted that the rear of their properties slope towards the project and they would like the opportunity to back-fill their lots to provide a flat pad. This could be accomplished if the perimeter wall was designed as a combination retaining/free-standing wall. The Commission directed staff to work with the applicant to analyze the grade differential and to identify the height of wall necessary to meet the neighbors' request. j PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC INV. November 8, 1995 Page 2 ANALYSIS: Development Review: Staff and the project engineer have reviewed the grade separation issues between the site and the residences to the west. The majority of pads are within 2 feet of the grade proposed at the property line. The wall in these areas can be designed with a 2-foot retaining wall on top of a 6-foot garden wall. The area of concern, however, is the north end of the site. As the site approaches Base Line Road, the grade differential between pads increases up to 6 feet. To provide the wall requested by the residents, a 6-foot garden wall will be placed on top of a 6-foot retaining wall. To mitigate the impact of the 12-foot wall, the applicant and staff are recommending a 3-foot retaining wall in front of the perimeter wall. This will. give the appearance of a 9-foot perimeter wall and provide ample room for landscaping adjacent to the perimeter wall. Unfortunately, to provide landscape area, the retaining wall will be located immediately adjacent to the parking stalls. Locating the wall a few feet in from the stalls will provide two areas of insufficient size to allow adequate landscaping. A condition of approval has been provided requiring a decorative treatment for the retaining wall. Development Agreement: In reviewing the Development Agreement, the key consideration for the Commission is whether the incentives requested by the applicant are appropriate for the development proposed. As identified at the October 25, 1995, meeting, the applicant is proposing a 100 percent affordable project. The rents for a minimum 40 percent of the units (including minimum 10 percent of the two-bedroom units) will be set aside for those seniors with incomes up to 50 percent of the County median income level. The remaining units will be available for seniors making up to 80 percent of the County median income level. In exchange for maintaining the affordability, the applicant is requesting the following deviations from the Development Code: The maximum density on the site shall be increased from 30 to 32.6 dwelling units per acre; and The maximum number of required parking off-street parking spaces shall be lowered to one parking spaces per unit; and The maximum building height within 100 feet of single family residential shall be increased from single story to 38 feet; and The minimum private open space requirement for ground floor units shall be reduced from 150 square feet to 100 square feet; and The minimum private open space requirement for second and third floor units shall be reduced from 100 square feet to 95 square feet; and The minimum number of washer/dryer facilities shall be reduced from one washer/dryer for every five units to one washer/dryer for every 14 units; and The minimum building setback from the drive aisle shall be reduced from 20 feet to 9 feet; and PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC INV. November 8, 1995 Page 3 8. Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and The maximum wall height (combination of retaining and garden wall) shall be increased from 6 feet to 9 feet. Because the applicant is proposing a 100 percent affordable project, staff believes the development incentives/Code variations are appropriate for the project. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Development Agreement 95-01 to the City Council, approve Development Review 95-22, and issue a Negative Declaration for the project. Attachments: Exhibit "A" - Staff Report dated October 25, 1995 Resolution Recommending Approval of Development Agreement 95-01 Resolution of Approval for Development Review 95-22 CITY OF RANCHO CUCAMONGA -- STAFF RF, PORT DATE: TO: FROM: BY: SUBJECT: October 25, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner DEVELOPMENT AGREEMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development Agreement between the City of Rancho Cucamonga and Prairie Pacific Investments for the purpose of providing a senior housing project in accordance with the Senior Housing Overlay District (SHOD), including deviating from certain development standards, for 158 apartment units located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Review 95-22. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 95-22 PRAIRIE PACIFIC INVESTMENTS - A request to construct a 158-unit, three story senior apartment project in the High Density Residential designation (24-30 dwelling units per acre) with a Senior Housing Overlay District (SHOD), located on the south side of Base Line Road, west of Archibald Avenue - APN: 208-031-75. Associated with the application is Development Agreement 95-01. PROJECT AND SITE DESCRIPTION: A. Project Density: 32.6 dwelling units per acre. Surrounding Land Use and Zoning: North Shopping center; Neighborhood Commercial South Single family residential; Low Residential (2-4 dwelling units per acre) East Shopping center; Neighborhood Commercial West Single family residential; Low Residential (2-4 dwelling units per acre) General Plan Designations: Project Site - High Residential (24-30 dwelling units per acre) North Neighborhood Commercial South - Low Residential (2-4 dwelling units per acre) East Neighborhood Commercial West Low Residential (2-4 dwelling units per acre) Site Characteristics: Two building pads have been rough graded in the central portion of the site. Street improvements were installed by the City as part of the Base Line Road widening project several years ago. The site drops roughly 8 feet from Base Line Road to the first PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 2 building pad. The entire site falls approximately 20 feet from Base Line Road to the south property boundary. The grades along the west property line are within a couple feet of the existing grades for the single family residences. E. Parking Calculations: Number of Number of Type Number of Parking Spaces Spaces .of Use Units Ratio Required Provided Senior Apartments 158 0.7 spaces/unit 111 158 ANALYSIS: Background: In 1988, the City approved a General Plan Amendment and Development District Amendment to change the designation on the site from Low Residential to High Residential, Senior Housing Overlay District. In conjunction with the application, the City also approved a Development Review application and a Development Agreement for a 177-unit senior apartment project. The three-story project was designed as two "U-shaped" buildings around a central courtyard area. Parking for the project was provided around the perimeter of the site. Access to the site was available from Base Line Road. Emergency access was provided by a gate along the west side of the Rancho Cucamonga Library site. General: The applicant is proposing a senior apartment project similar to the project previously approved by the City. The north and south buildings will be three stories and designed in a "U" shape around common recreational amenities. There will be a two-story recreation building on the west side of the site separating the three-story structures. Parking is provided around the perimeter of the site. The number of dwelling units has been reduced from 177 to the current proposal of 158 rental units plus a caretakers unit. The one and two bedroom units will be 533 and 839 square feet in area, respectively. Development Agreement: In conjunction with the application, the applicant has submitted an application for a Development Agreement. A Development Agreement is a requirement of any Senior Housing project in order to lock in the rental rates, tenant qualification criteria, and the term of the affordability. The Development Agreement also affirms the density bonus allowed for the affordable housing and the reduced parking ratio (0.7 parking spaces per unit) allowed by the Senior Housing Overlay District. In addition, the applicant is also requesting a Development Agreement to address deviations from the Development Code requirements. Under normal circumstances, these deviations would be processed as Variance applications. The Development Agreement, however, allows the City and the developer to enter into a contract to allow the deviations from the Code as an incentive to foster affordable housing. State law requires that the units remain affordable for at least 30 years. Under State law, Development Agreements must be approved by the City Council. Because of the Code deviations requested by the applicant, staff felt the Planning Commission should consider these requests and forward comments, where applicable, to the City Council for their consideration. The deviations include the following: PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 3 Eo The maximum building height within 100 feet of single family residential shall be limited to single story. The applicant is proposing an 81-foot setback to the three-story structure. Private open space shall be provided at a rate of 150 square feet for ground floor units and 100 square feet for the second and third floor units. The applicant is proposing patios/balconies as small as 100 square feet for the ground floor units and 95 square feet for upper units. The minimum one-bedroom unit size is 650 square feet. The applicant is proposing a 533 square foot one-bedroom unit with the application. Laundry facilities shall be provided at a rate of one washer and dryer for every 5 units. The applicant is proposing one washer and dryer for every 14 units. Projects consisting of 101 to 200 dwelling units shall provide five different recreational amenities.' The applicant is proposing five amenities but some are duplications. The minimum building setback from the drive aisle is 20 feet. In some locations, the proposed setback is 9 feet. The ratio of parking spaces required is 1.5 spaces per 1 bedroom unit and 1.8 spaces per 2 bedroom unit. The applicant is proposing 0.7 spaces per unit consistent with all other SHOD projects. Staff has reviewed the items requested by the applicant. Many of these items are consistent with the previous senior apartment project's approval for the site. The other issues, including the washer/dryer ratio, number of recreational amenities, and building setback from the drive aisle, are a result of the multi-family standards adopted by the City in 1991. Again, these items are consistent with the previous application and are not viewed as significant. Design Review Committee: The Design Review Committee (Melcher, Fong) reviewed the application on September 19, 1995, and recommended approval of the application as submitted by the applicant· Neighborhood Meeting: In anticipation of the Development Review process, the applicant already conducted a neighborhood meeting to enlist concerns from the adjacent property owners. On August 29, 1995, several of the property owners artended the meeting· The main concerns of the attendees were as follows: The previous developer of the site removed the rear wall of the neighboring properties, leaving the homes exposed to the subject site. The owners were very concerned about the safety of their homes and requested assurances from the developer that the perimeter wall would be constructed prior to construction of the buildings. The applicant indicated that the wall would be the first thing constructed if the project went forward. PLANNING COMMISSION STAFF REPORT DA 95-01 & DR 95-22 - PRAIRIE PACIFIC October 25, 1995 Page 4 The residents did not want trash enclosures located adjacent to their lots. They were concerned about the smell, flies, etc. emanating from the enclosures being so close to their property. The applicant has not relocated the enclosures. Tall evergreen trees should be provided along the west property line to provide buffering and privacy for the single family homes. This is a condition of approval. Initially, a few of the homeowners expressed concern about the impact three-story structures would have on their privacy and views. By the end of the meeting, the height of the structures did not seem to be a major issue. The wall construction and landscape installation seemed to address most of the concern. Environmental Assessment: Staff has reviewed the application and determined that the project will not have a significant impact on the environment. Senior apartments generate fewer vehicle trips than conventional residential development. Also, the close proximity to shopping opportunities will further reduce any traffic impacts. RECOMMENDATION: Staff recommends that the Planning Commission forward any comments regarding the Development Agreement to the City Council, approve Development Review 95-22 through adoption of the attached Resolution, and issue a Negative Declaration for the project. Respe( I,,eF City Planner BB:SM/jfs Attachments: Exhibit "A" - Site Utilization Map Exhibit "B" - Site Plan Exhibit "C" - Conceptual Landscape Plan Exhibit "D" - Conceptual Grading Plan Exhibit "E" - Building Elevations Exhibit "F" - Illustrative Site Section Exhibit "G" - Floor Plans Draft Development Agreement (to be provided under separate cover) Resolution of Approval 'i_. T o o r.,) o ~-. rJ ~,, a:: > r-- ~D 0 0 ' C~ 0 ~'XI-/Izs'If "'b~"- I "' RESOLUTION NO. 95-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGA TO ENTER INTO DEVELOPMENT AGREEMENT NO. 95-01, FOR THE CONSTRUCTION OF 158 SENIOR APARTMENTS IN THE HIGH DENSITY RESIDENTIAL DESIGNATION (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), LOCATED ON THE SOUTH SIDE OF BASELINE ROAD, WEST OF ARCHIBALD AVENUE, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-031-75. A. Recitals. 1. Praide Pacific Investments, Inc., has filed an application for Development Agreement No. 95-01, as described in the title of this Resolution. Hereina~er in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 8th day of November 1995, 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. 3. The subject properly of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "1" to this Resolution. 5. The Planning Commission has reviewed and considered the associated Environmental Assessment prepared for said project. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Pad A, of this Resolution are true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and even/term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga. 3. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 95-53 DA 95-01 - PRAIRIE PACIFIC INVESTMENTS, INC. November 8, 1995 Page 2 a. That the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, furlher, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Furlher, based upon substantial evidence contained in the Negative Declaration, the staff repods and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set fodh in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 4. This Commission hereby recommends approval of the Development Agreement attached hereto as Exhibit "A." 5. The Secretary to this Commission shall cedify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF NOVEMBER 1995. PLANNING ION OF TH Y OF RANCHO CUCAMONGA ) BY: E. Day Bar~er,"Chairman A'I'FEST: I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby cedify 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 8th day of November 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY ORDINANCE NO. ~ ,,.~/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 95-01, A DEVELOPMENTAGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND PRAIRIE PACIFIC INVESTMENTS FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS, FOR 158 APARTMENT UNITS LOCATED ON THE SOUTH SIDE OF BASE LINE ROAD, WEST OF ARCHIBALD AVENUE - APN: 208-031-75. A. Recitals. follows: California Government Code Section 65864 now provides, in pertinent part, as "The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city... may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The 'Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement ..." (iv) "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference, is proposed Development Agreement 95-01, concerning that property located on the south side of Base Line Road, west of Archibald Avenue, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." CITY COUNCIL ORDINANCE NO. DR 95-01 - PRAIRIE PACIFIC INVESTMENTS December 6, 1995 Page 2 (v) On November 8, 1995, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution 95-53. (vi) On December 6, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Final Environmental Impact Repod for Specific Plan 94-01 and the Development Agreement, and certified the Report, including adoption of a Statement of Overriding Considerations, in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above-referenced public hearings on November 8 and December 6, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. (b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamonga. SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement 95-01, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published with 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. DEVELOPMENT AGREEMENT NO. 95-01 SENIOR CITIZENS' HOUSING THIS AGREEMENT is entered into as of the "Effective Date" set forth herein by and between PACIFICA COMMUNITY ASSOCIATES, a California Limited Partnership ("Developer") and the CITY OF RANCHO CUCAMONGA, a municipal corporation organized and existing under the laws of the State of California ("City"). WITNESSETH: A. Recitals. (i) Califomia Government Code Sections 65864 et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) California Government Code Section 65915 provides that a city may, by agreement with a developer, grant a density bonus over that allowed by the maximum density established in the development code and land use element of the general plan when a developer agrees to construct housing for low income senior households. (iii) Developer has requested City to consider the approval of a development agreement, with a density bonus, pertaining to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafier is referred to as "the Site." (iv,) The Site is now zoned High Residential with a Senior Housing Overlay District pursuant to the provisions of City's Development Code, as amended to date hereof. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (v) The Developer proposes to construct a senior housing residential project, including low income units, within the City. Said project contemplated by Developer will require an increase in the maximum density as currently provided in the Senior Housing Overlay District. (vi) It is the desire of City to encourage developments designed to provide affordable rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to grant a density bonus to Developer as provided by the terms of this Agreement. (vii) On ,1995, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said action was effective on ,1995. B. Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City ofRancho Cucamonga, "Project" is the development approved by City comprised of one hundred fifty-eight (158) apartment units, recreational and common area facilities, one hundred fifty- eight (158) parking spaces and other amenities on the Site, all as set forth more fully in the site plan for Development Review 95-22 submitted by Developer and approved by City, a copy of which is attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The site plan attached as Exhibit "B" includes various conditions of approval which are not changed, altered or modified by this Development Agreement unless specifically set forth herein. The project also includes the records of the applications by Developer and the proceedings before the Planning Commission and City Council of City on file with the City and all such records and files in these matters are incorporated herein by this reference as though set forth in full. "Qualified Project Period" means the first day on which the residential units in the development are first available for occupancy by Qualified Tenants and continuing for thirty (30) years, except that the limitation that all tenants, occupants and residents be Qualified Tenants shall continue in perpetuity. "Qualified Tenants" shall mean persons or households who are at least fifty-five (55) years or older and are senior citizens as defined in Section 51.3 of the California Civil Code as said sections are written as of the effective date of this Agreement. (i) "Very Low Income Qualified Tenants" shall mean Qualified Tenants who possess an income equal to or less than the amounts as specified in California Health and Safety Code Section 50105, as amended. (ii) "Ninety Percent Income Qualified Tenants" means a household whose annual income does not exceed ninety percent (90%) of the Area Median Income. (iii) "Area Median Income" as may be used in determining income status or rent rate herein, shall mean that determined median by the County of San Bernardino or, /c,7 if discontinued, as set forth in California Health and Safety Code Section 50093, as amended. e, "Affordable Rents" shall mean the total charges for rent, utilities, and related services to a Very Low Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of Very Low Income, adjusted for household size. The total charges for rent, utilities, and related services to a Ninety Percent Income Qualified Tenant shall not exceed one-twelfth of thirty percent (30%) of ninety percent (90%) of the Area Median Income, adjusted for household size. Initial rents for each unit shall be set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted annually by the same percentage that income has increased, if any, for a Very Low Income Qualified Tenant or a Ninety Percent Income Qualified Tenant, based on changes in the Area Median Income. At least sixty (60) calendar days prior to increasing rents on any unit restricted by this Agreement, the Developer shall submit to the City for its approval the Developer's calculation of such increase. Tenants occupying units restricted by this Agreement shall be given at least thirty (30) days written notice prior to any rent increase. "Effective Date" shall mean the 31st calendar day following adoption of the ordinance approving this Agreement by City's City Council. 2. Recitals. The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that it has entered into an escrow or an agreement by which it is to acquire full legal title to the real property of the Site and that it has full legal fight to enter into this Agreement. 4 4. Binding Effect of Agreement. The Developer hereby subjects the development and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Developer's successors and assigns in title or interest to the Development. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the development or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that the Developer's legal interest in the development is rendered less valuable thereby. The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concem the land by enhancing and increasing the enjoyment and use of the Development by Qualified Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthefing the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Rancho Cucamonga. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The term of the Agreement shall commence on the effective date and shall expire thirty (30) years after the commencement of the Qualified Project Period, so long as Developer remains in material compliance with this Agreement, as from time to time amended. This Agreement shall be deemed to be terminated automatically if Developer does not obtain a Certificate of Occupancy for the entirety of the Project within three (3) years of the effective date. 7. Restrictions on Rental Units. During the term of this Agreement, all tenants, occupants and residents shall be Qualified Tenants. However, it is expressly understood by the parties hereto that the Project has been specifically designed to meet the unique needs of senior tenants. Accordingly, even after the expiration of the term, the limitation that all tenants, occupants and residents of apartment units in the Project shall be Qualified Tenants shall remain in perpetuity, unless the Project is made to conform with all then applicable Development Code provisions pertaining to multi-family dwellings. Said apartment units shall not be rented, occupied, leased or subleased to occupants who are not Qualified Tenants except as provided as follows: A person or person who is not a Qualified Tenant, and is at least forty-five (45) years of age, may occupy an apartment unit if he or she occupies an apartment unit with a present occupant who is a Qualified Tenant and who provides primary physical or economic support to such Qualified Tenant; A person at least forty-five (45) years of age who is the spouse of a Qualified Tenant may occupy a unit with such Qualified Tenant; and A person or persons under fifty-five (55) years of age may occupy apartment units as temporary tenants for a period of time not to exceed three (3) months during any calendar year. 8. Rental Requirements. During the Qualified Project Period at least forty percent (40%) of the units in the Project,, shall be rented, leased or held available for Very Low Income Qualified Tenants at affordable rents. All remaining units shall be rented, leased or held available for Ninety Percent Income Qualified Tenants at affordable rents. 9. Maintenance of Apartments as Rentals. During the term hereof, all apartment units in the Project shall remain rental units. No apartment unit in the Project shall be eligible for conversion from rental units to condominiums, townhomes or any other common interest subdivision without consent of the City Council. 10. On-site Manager. A full-time manager shall be provided on the Project site. 11. Tenant Committee. Residents shall have the right to establish a committee composed of tenants for the purpose of organizing social activities and providing comments and suggestions to the Developer regarding the operation and facilities of the Project. Nothing in this section shall be deemed to restrict the rights of individuals to organize activities and provide comments to the Developer. 12. Submission of Materials and Annual Review. Prior to occupancy, Developer shall submit to City tenant selection procedures which shall detail the methods which Developer shall use to advertise the availability of apartments in the Project and screening mechanisms which Developer intends to use to limit the occupancy of the apartments to Qualified Tenants and Low Income Qualified Tenants. On or before March 15 of each year following the commencement of the Qualified Project Period, the Developer, or its representative, shall file a certificate of continuing program compliance with the City. Each such report shall contain such information as City may require including, but not limited to, the following: a, Rent schedules then in effect, including utility charges (if any); A project occupancy profile; A description of the physical condition and maintenance procedures for the Project, including apartment units, landscaping, walkways and recreational areas. City shall be allowed to conduct physical inspections of the Project as it shall deem necessary, provided that said inspections do not unreasonably interfere with the normal operations of the Project and reasonable notice is provided. The City shall further be allowed to conduct an annual survey of residents in the Project in order to assess senior needs. 13. Tenant Selection, Contracts and Rules and Regulations. On receipt of an application for low income occupancy, Developer shall determine the eligibility of the occupancy under the terms of this Development Agreement. Verification of tenant eligibility shall include one or more of the following factors: Obtain an income verification form from the Social Security Administration and/or the Califomia Department of Social Services, if the applicant receives income from either or both agencies; b. Obtain an income tax return for the most recent tax year; c. Conduct a TRW or similar financial search; d. Obtain an income verification from all current employers; and If the applicant is unemployed and has no tax return, obtain another form of independent verification. Developer shall be entitled to rely on the information contained in the application sworn to by the applicant. All agreements for rental of all apartment units in the Project shall be in writing. The form of proposed rent or lease agreement shall be reviewed and approved by City prior to the commencement of the Qualified Project Period. Such agreement shall include all rules and regulations governing tenancy within the Project. The rules and regulations shall include regulations which specifically authorize the keeping of small pets within all apartment units. 14. Termination and Eviction of Tenants. A tenancy may be terminated without the termination being deemed an eviction under the following circumstances: a. The death of the sole tenant of the unit; By the tenant at the expiration of the term of occupancy or otherwise upon thirty (30) days' written notice; c. By abandonment of the premises by the tenant; or d. By failure of a tenant to execute or renew a lease. Any termination of a tenancy other than those listed above in this paragraph 14 shall constitute an eviction. Developer shall only evict in compliance with the provision of Califomia law and then only for material noncompliance with the terms of the rental agreement. 15. Local Residency. Residency preference shall be given where possible to applicants to the Project who have been residents of the City of Rancho Cucamonga. However, that factor shall not be given priority over the other elements of Qualified Tenant selection as stated herein. 16. Hazard Insurance. Developer shall keep the Project and all improvements thereon insured at all times against loss or damage endorsement and such other risks, perils or coverage as Developer may determine. During the term hereof, the Project shall be insured to its full insurance replacement value. 17. Maintenance Guarantee. Developer shall comply with all City maintenance standards enacted from time to time. 9 18. Standards and Restriction Pertaining to Development of the Real Property. The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement: a. Only residential uses of the real property shall be permitted in the Project; and The maximum density of residential dwelling units in the Project shall never greater than 32.6 dwelling units per acre; and C, The maximum height for the highest proposed building in the Project shall be forty- two (42) feet; and d, The maximum size for all the buildings and the proposed square footage for each of the apartment types located in the Project shall be as set forth in Exhibit "B" attached hereto; and e, The provisions for reservation or dedication of land for public purposes are contained in the conditions for approval of Development Review 95-22. 19. Development Incentives. The City will grant Developer the following development incentives for development of the Project: The maximum density on the site shall be increased to 32.6 dwelling units per acre; and The maximum number of required parking off-street parking spaces shall be lowered to one (1) parking spaces per unit; and C, The maximum building height within 100 feet of single family residential shall be increased to 42 feet; and 10 d, The minimum private open space requirement for ground floor units shall be reduced to 100 square feet; and The minimum private open space requirement for second and third floor units shall be reduced to 60 square feet; and The minimum number of washer/dryer facilities shall be reduced to one washer/dryer for every 14 units; and g. The minimum building setback from the drive aisle shall be reduced to 9 feet; and h, Recreational amenities may be duplicated in order to fulfill the total number of recreational amenities required for the project; and The height of the perimeter wall, a combination of retaining and free-standing wall, may be increased to 12 feet. 20. Project Design Amenities for Senior Citizens. The Project open space, buildings and individual apartments shall be designed with physical amenities catering to the needs and desires of the senior citizen residents. In addition to those conditions set forth in Exhibit "B" hereto, the following physical amenities shall be substantially included in the Project: a. Elevator service shall be provided to all upper story apartments; b. All units shall be designed for handicap access; c. All units shall possess secured entryways off a common enclosed hallway; Handrails shall be provided in all hallways; 11 e. Building space shall be devoted for tenant group meetings; and Recreational amenities shall include, but not limited to, lawn bowling, gazebos, and barbeque areas. 21. Indemnification. Developer agrees to and shall hold City and its elected officials, officers, agents and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. Developer agrees to and shall defend City and its elected officials, officers, agents and employees with respect to actions for damages caused or alleged to have caused by reason of Developer's activities in connection with the Project. This hold harmless provision applies to all damages and claims the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of, or by reason of, the sole negligence or wilful misconduct of the City. 22. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868 et seq. 23. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be 12 lice diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. After completion of the Project pursuant to the terms of this Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code. Accordingly, the following penalty is specifically included as part of this Agreement: "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Agreement. Any person, firm, partnership, or corporation violating any provision of this Agreement by falling 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 ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed 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 Agreement is committed, continued or permitted by such person, firm, partnership or corporation, and shall be punishable therefore as herein." 24. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a, If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; 13 b, If a finding and determination is made by City following an annual review pursuant to paragraph 12 hereinabove, upon the basis of substantial evidence that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 23 hereinabove; or C, A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 23 hereinabove. 25. No Wavier of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations goveming development agreements are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 26. Rights of Lenders Under this Agreement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer itself; 14 Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed"); Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. The City agrees that the terms of this Agreement are subordinate to any such financing insm.u-nent and shall execute from time to time any and all documentation reasonably requested by Developer or Lender to effect such subordination. 27. Notice to Lender. City shall give written notice of any default or breach under this Agreement by property owner to Lender and afford Lender the oppommity after service of the notice to: a, Cure the breach or default within sixty (60) days after service of said notice, where the default can by cured by the payment of money; Cure the breach or default within sixty (60) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or 15 Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within sixty (60) days after said notice, provided that acts to cure the breach or default are commenced within a sixty (60) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 28. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: a, They are commenced within sixty (60) days after service on Lender of the notice described hereinabove; They are, after having been commenced, diligently pursued in the manner required by law to completion; and Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 29. Rent Control. In consideration for the limitations herein provided, City agrees that it shall not, during the term of this Agreement, take any action, the effect of which will be to control, determine or affect the rents for those low income rental units located in the Project. 16 30. NOtice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto. Developer: Robert D. Banman Pacifica Community Associates 7201 Haven Avenue, E-347 Rancho Cucamonga, CA 91701 City: City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 807 Rancho Cucarnonga, CA 91730 31. Attomeys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 32. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 33. Applicable Law. This Agreement shall be construed in accordance with and govemed by the laws of the State of Califomia. 34. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 17 35. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San Bemardino. IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the effective date set forth hereinabove. CITY OF RANCHO CUCAMONGA Dated: By William J. Alexander, Mayor PACIFICA COMMUNITY ASSOCIATES Dated: By Robert D. Banman 18 EXHIBIT "A" Parcel No. 1: The north one-half of Lot 1, Section 3, Township 1 south, Range 7 west, San Bernardino Base and Meridian, according to Map of Cucamonga Lands, in the County of San Bernardino, State of California, as per Map Recorded in Book 4 of Maps, Page(s) 9, in the Office of the County Recorder of said County. Excepting therefrom the east 333.00 feet. Also excepting therefrom north 60 feet lying within Baseline Avenue. Parcel No. 2: An easement for ingress, egress, drainage, public utilities and incidental purposes, described as being over and across the south 55 feet. Excepting therefrom the east 110 feet. Said easement also affects the west 65 feet of the 110 feet of the following described Parcel: The south 120 feet of the east 168 feet of the north one-half of Lot 1, Section 3, Township 1 south, Range 7 west, San Bemardino Base and Meridian, according to Map of Cucamonga Fruit Lands, as Recorded in Book 4 of Maps, Page 9, records of San Bemardino County. Excepting therefrom the east 45 feet as granted to the County of San Bemardino, in Document Recorded June 14, 1965, in Book 6409, Page 719, Official Records. Said easement shall be permanent and assignable. Parcel No. 3: An easement for ingress, egress, drainage, public utilities and incidental purposes, described as being over and across the south 55 feet. Said easement also affects the south I foot of the north 70 feet, excepting therefrom the east 50 feet, also excepting therefrom the west 223 feet of the following described Parcel: The south 190 feet of the east 333 feet of the north one-half of Lot 1, Section 3, Township 1 Section, Range 7 west, San Bemardino Base and Meridian, in the County of San Bemardino, State of California, according to Map of Cucamonga Fruit Lands, as per Plat Recorded in Book 4 of Maps, Page 9, records of said County. Excepting therefrom the south 120 feet of the east 168 feet; Also excepting that portion thereof lying within Archibald Avenue. Said easement shall be permanent and assignable. CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Scott Murphy, AICP, Associate Planner CONSIDERATION OF MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL - Appeal of the Planning Commission's denial of a request to expand the cafe services within an existing indoor soccer facility in the General Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at 11120 Tacoma - APN: 209-471-05. RECOMMENDATION The Planning Commission recommends the City Council deny the Modification to Conditional Use Permit 94-09 through adoption of the attached Resolution. BACKGROUND On April 24, 1994, the Planning Commission approved Conditional Use Permit 94-09 for the operation of an indoor soccer facility that included a cafe/waiting area for parents of children participating in the soccer leagues. A limited menu of cold sandwiches, snacks, and beverages is currently available for purchase by parents while waiting for their children. The cafe/waiting area was considered an ancillary part to the main business (soccer). Because of the success of the soccer facility, the applicant is requesting an expansion of the food services offered. Expansion or intensification of the existing food services requires an amendment to the existing Conditional Use Permit. The applicant is proposing to provide a grill for hot foods and to serve beer and wine. These new services would be provided within the existing cafe/waiting area. ANALYSIS General: In denying the application, the Planning Commission noted that the building was designed as an industrial use and, through the Conditional Use Permit application, a recreational use was allowed to occupy the building. The provisions for a small snack area were appropriate to meet the needs of the soccer players, parents, and observers. The Planning Commission focused on two issues in their deliberations. Primarily they discussed on-site parking and secondarily they discussed the on-site consumption of beer/wine. CITY COUNCIL STAFF REPORT CUP 94-09 - KICKER'S GRILL December 6, 1995 Page 2 Parking: The City's Development Code does not address the parking requirements for facilities such as the indoor soccer facility. As a result, the applicant was asked to prepare a parking analysis based on a comparable facility with the original application. The parking calculations prepared anticipated a "worse case scenario" wherein each employee and each player would drive their own vehicle to the site. This would require 56 parking stalls. A 20 percent contingency factor was considered as a "cushion," bringing the required parking to 67. Because the waiting area was considered an ancillary use, additional parking was not required. Given that 69 spaces exist on-site, parking was not viewed as a problem for the facility. Upon the facility's opening, the applicant experienced a parking shortage with cars arriving at one time. This was attributed to both soccer games starting at the same time. To provide a smoother flow of players into and out of the facility, the schedule was revised to have one game start on the hour and the other game start on the half-hour. This helped to eliminate the parking problem at peak times and spread the parking distribution more evenly. However, this change did not eliminate the parking problems for the neighbors. Several improvements were installed by the developer and the adjoining property owner to regulate the parking of the soccer facility (see Exhibit "B"). While some progress was made to minimize the problem, patrons continue to park outside of the soccer facility site. At the Planning Commission meeting, the applicant indicated that an employee of the soccer facility would be making periodic parking lot inspections to identify vehicles parked illegally and notify the patrons to relocate their cars. Since the receipt of the appeal and the applicant's indication to the Planning Commission that they would provide periodic parking inspections to address the existing parking concerns, staff has observed vehicles parked in the street (posted for "No Parking") or on the adjoining property. The number of vehicles parked outside the site boundaries has reached as high as 15. In each case, ample parking was available at the rear of the building. The Planning Commission was concerned about the impact the grill and bar would have on the existing on-site parking supply. The expanded services would encourage patrons to remain at the site longer, meaning less frequent turnover and insufficient parking. The expansion of the waiting area to a grill and bar would alter the ancillary use originally designed and become more prominent. As an expanded full-scale cafe, parking would be required at a rate of one space for every 100 square feet of area. The cafe and related seating occupy 1,840 square feet, requiring 18 additional parking spaces. In that two extra parking spaces are provided currently, an additional 16 spaces would have to be provided on-site. The site is inadequate to provide this additional parking. The developer of the site has offered parking across the street. This parking, however, would only be available on a temporary basis until the property develops. Cafe Expansion/Beer and Wine Sales: In 1994, modifications were made to the Industrial Specific Plan that changed the definition of "eating and drinking establishments" to "restaurant" and included provisions for the on-site consumption of beer and wine. Given that this particular subarea was designated and developed as General Industrial, the changes CITY COUNCIL STAFF REPORT CUP 94-09 - KICKER'S GRILL December 6, 1995 Page 3 included the prohibition of restaurants within this subarea and several other General Industrial subareas. However, since this facility was approved prior to this change and the cafe/waiting area was part of the existing approved use, any expansion whether it was for the grill or beer and wine required an amendment to the Conditional Use Permit. The Commission determined that the introduction of the beer and wine into the facility was not appropriate. In conclusion, the Planning Commission recommends the City Council deny the application as presented. Any other action by the City Council will require time to prepare an appropriate resolution with conditions of approval to address the specifics of the proposed use. BB:SM:mlg Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" - Letter of Appeal Planning Commission Staff Report dated October 25, 1995 Planning Commission Minutes of October 25, 1995 Planning Commission Resolution of Denial dated October 25, 1995 Original Planning Commission Resolution Approving Conditional Use Permit 94-09 Resolution of Denial RECEIVED NOV - 6 1995 CiTY OF RANCHO CUCAMONGA CITY CLERK KICKERS GRILL November 2, 1995 To: City Council Board Members This letter is being submitted to appeal the October 25, 1995 decision to prohibit the expansion of Kickers Grill located inside the US indoor Soccer Academy. We are prepared to present our case to you, the Rancho Cucamonga City Council Board Members, as soon as the opportunity arises. My name is Cle Kooiman. I am a member of the 1994 U. S. World Cup soccer team. I am a very visible soccer "Ambassador" in the community. I conduct soccer camps for AYSO and club teams here in Rancho Cucamonga. I coach and have coached many youth teams in Rancho Cucamonga, and have also volunteered my time doing motivational speeches in many schools in this community. All of my movement in soccer is geared towards the youth. My partners Noah Kooiman and George Franov are both involved in the community as well. Noah, my brother, coaches the boys U-13 California Heat and coached the varsity girls at Rancho Cucamonga High School for two years. He took his boys U-12 California Heat team to Boise, Idaho in June of 1995 and won the National Championship. Also his Boys U-10 team have also had a very impressive record of 55-2-0 and won every tournament that the team entered. Noah is the general manager at the US Indoor Soccer Academy. He manages over 200 soccer players on any given evening. George Franov coaches a local club team, the Upland High School soccer team, and volunteers time with many local AYSO teams. The point of submitting this information is to confirm our dedication and support to both the City of Rancho Cucamonga and youth soccer. Currently, we are a small business trying to make life more pleasurable for our clients. With the addition of a grill and serving light alcoholic beverages we know our menu for the cafe would be greatly appreciated by our patrons. Many of them have shown great interest in us doing so. We feel that the Planning Committee did not take into consideration what we are willing to do nor what we have done for the past three months to expand our cafe. The issues involving the expansion of our cafe as we understand them our 1. parking and 2. alcohol around the youth. First of all, we our a very unique business which opens our doors at 5:00 p.m. while most of our neighbors are closed at 5:00 p.m. Therefore, the impact on parking is minimal. We have also hired an extra employee for parking security. This completely takes care of any and all issues involving parking. Also by working with our neighbors to the immediate west we have put up chains to stop parking on their property. Since we have taken over the cafe three months ago there have been no problems at all regarding this issue. We will continue to take any necessary action to secure the success of the parking situation. Another issue addressed was the issue of serving alcohol on the premises. An employee in the planning office said it was permissible to serve alcohol at the facility. She also signed us off on the zoning affidavit stating that we are zoned for serving alcohol. With this in mind we invested approximately $13,000 into redecorating the cafe. Now the Planning Committee has denied our efforts to expand. We would like to see the city working with us to help promote small business growth in the community. We have taken every precaution to be problem free and will continue to do so. We would like to offer beer to our 21 and over clientele. We have scheduled the youth games early in the afternoon and our house rules state that we will not serve beer until the youth teams have finished. Also no player is allowed to have a drink before or during a game. The US indoor Soccer Academy is in full support in regulating and enforcing these rules. We are a small business trying to succeed in a difficult time for all small business. With the steps and precautions that we have in place we feel that we have shown the Planning Committee that we are very capable in dealing with the expansion of our cafe. Noah, George and I all reside in Rancho Cucamonga. As stated, we are all heavily involved with youth programs arid positive role models giving much needed direction to today's youth. We feel it is important to maintain a very family oriented atmosphere and have committed ourselves to this both personally and professionally. ha yO[/~r~OHr fi~Ine, CITY OF RANCHO CUCAMONGA -- STAFF REPORT DATE: TO: FROM: BY: SUBJECT: October 25, 1995 Chairman and Members of the Planning Commission Brad Buller, City Planner Scott Murphy, AICP, Associate Planner MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL - A request to expand the cafe services within an existing indoor soccer facility in the General Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at 11120 Tacoma - APN: 209-471-05. BACKGROUND: On April 24, 1994, the Planning Commission approved Conditional Use Permit 94-09 for the operation of an indoor soccer facility. Plans for the facility included two soccer fields, locker rooms, a pro shop, an arcade, and a cafe area. Because the parking standards of the Development Code do not address this type of use, the applicant provided an analysis of the parking demand based on a similar facility in Orange County. Given the number of players, employees, and potential visitors, the applicant estimated that 67 parking spaces would be necessary to accommodate the business. The cafe was originally designed to provide a "waiting area"' for parents of children participating in the soccer leagues. The cafe would serve cold sandwiches, snacks, and beverages. The cafe area was considered an ancillary use to the main business. Additional parking was not required for the cafe. ANALYSIS: General: Because of the success of the facility, the applicant is considering an expansion of the cafe services offered. The applicant is proposing to provide a grill for hot foods and to serve beer and wine. These new services would be provided within the existing cafe area, the size of the cafe will not be expanded. The applicant believes the expansion will provide a better social environment for the families using the facility (see Exhibit "A"). Bo Compatibility: The parking calculations prepared for the original approval anticipated a "worse case scenario" wherein each employee and each player would drive their own vehicle to the site. This would require 56 parking stalls. A 20 percent contingency factor was considered as a "cushion," bringing the 'required parking to 67. Given that 69 spaces exist on-site, parking was not viewed as a problem for the facility. Upon the facility's opening, the applicant experienced a parking problem with an influx of car.s arriving at one time. This was attributed to both soccer games starting at the same time. To provide a smoother flow of players into and out of the facility, the schedule was revised to have one game start on the hour and the other game start on the half-hour. This helped to eliminate the parking problem at peak times and spread the parking distribution more evenly. PLANNING COMMISSION STAFF REPORT CUP 94-09 - KICKER'S GRILL October 25, 1995 Page 2 Even with these changes, however, parking became an issue for adjoining tenants. While there seemed to be ample parking spaces available, many soccer patrons elected to park in the closest parking spaces which, in many cases, was property owned by adjacent businesses, or illegally park on the street. The developer of the center striped the parking area to designate the limits of the soccer facility parking. This did not correct the problem. The property owner to the west had posts installed at his drive aisle and put a chain across the drive aisle to discourage soccer patrons from parking in his facility. After roughly one week, the chain was removed from the drive aisle by unknown individuals. The property owner has since resorted to posting the site for no parking after business hours and hiring a towing firm to police the site. The towing firm has, in fact, towed vehicles from the premises. Even with the correction of existing problems, the addition of a grill and beer and wine sales does raise further questions about the parking availability. The parking analysis prepared for the original application assumed patrons of the soccer facility would enter the facility just before game time and exit the facility shortly after the game completion. The cafe was intended to provide a "rest area for parents while their children are playing" (see Exhibit "E"). Staff has visited the facility on several occasions and finds the current parking adequate to meet the facility's needs. On each site visit, there have been parking spaces available at the rear of the site. The applicant states the introduction of the grill and beer and wine is targeted at patrons who already remain at the facility for many hours. This may exacerbate the parking problem for the soccer facility and adjoining properties. CORRESPONDENCE: In accordance with State and City requirements, the application request has been advertised in the Inland Valley Daily Bulletin newspaper, the site was posted, and notices were mailed to all properties within 300 feet of the subject site. In response to the notification, staff has received one letter in opposition to the request (see Exhibit "F"). RECOMMENDATION: Given the problems resulting from the soccer facility and the potential for future conflicts, staff recommends the Planning Commission not approve any expansion of the use until the applicant can demonstrate for a reasonable period of time that adequate provisions are in-place to eliminate impacts on adjoining properties. Therefore, staff recommends denial of the application without prejudice through adoption of the attached Resolution Denial. BB:SM:mlg Attachments: Exhibit "A" - Exhibit "B" - Exhibit "C" - Exhibit "D" - Exhibit "E" Exhibit "F" Letters from Applicant Location Map Site Plan Floor Plan Original Parking Analysis Letter from Adjacent Property Owner Resolution of Denial THE CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, Ca 91729 August 21, 1995 Re: Permit for tenant improvement and addition We the owners of Kickers Grill have been working with the owners of the US Indoor Soccer Academy located at 11120 Tacoma Drive in city of Rancho Cucamonga to improve the Cafeteria section of the facility by offering an expanded menu to cater to the demanding needs of the members and the clientele. Because SOCCER, like other sporting event brings the athletes and fans together to form a club which is a social outing for many families. Most of these families come and spend many hours in the facility (many hungry hours !) playing, watching and enjoying time with each other. In the past year that the facility has been open, many of its members have traveled distances as far away as Los Angeles and Palm Springs to play a game at this center. These members as well as the people who live closer just don't have time to prepare a cooked meal because they come to the facility straight after work. In order to accommodate the needs of the members and the visitors we have been negotiating with the US Indoor Soccer Academy to provide food service and improve the atmosphere of the Cafeteria section by providing hot and cold sandwiches and drinks. Sincerely; Cle Kooiman Kickers Grill ,~',f /-//~ /F' '''~' ' /" THE CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, Ca 91729 August 30, 1995 Re: Safety rules and regulations for the Cafeteria servin.cl bear and wine. The Cafeteria will be managed by George Franov who has over 10 years of experience in food business and will have a trained manager on sight at all times. In addition we will. a) Send all employees to classes offered by the Health Department and Alcohol and Beverage department. b) Only bear and wine will be served to create a atmosphere of a Pizza place and NOT a bar. c) Rules have been set up in cooperation with US Indoor Soccer Academy and will be enforced. In addition, Kickers will be operating by 3 partners who have been coaching soccer for 45 combined years and are committed to preserve a healthy family environment that members could be comfortable in. Sincerely; Cle Kooiman Kickers Grill I/ F'I I I I I I I ~V"'[d ~O0'lj E '1 il .f' ,~'X'/-//,~'/Z' 'Z>--- / ' \ Petrossi & Associates Architecture, Planning, Interiors February 7, 1994 ~r. Brad Bullard Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Mr. Bullard, -- RECEIVED -- CITY OF RANCHO CUCAMONGA ,r"LANNING DIVISION Per our telephone conversation regarding parking, Please find following parking study: 2. 3. 4. 5. 6. 7. 8. 9. O, 13. 14. 15. 16. 17. 18. Indoor Soccer is played with six (6) player on each side. An average team will have Twelve (12) registered players. There are two (2) indoor soccer fields. Two (2) Teams play on each field every hour. Total of four (4) teams will be playing at any given time. There will be forty eight (48) players every hour. Eighty (80) percent of players are below the age of 12. Parents will be driving players to the center. Players usually drive together or with some parents to the center. For every two players there is only one car needed. So for forty eight (48) players, twenty four (24) car is needed. There is also an overlap of players in the center· For The Forty eight (48) additional players during the overlap period an additional 24 cars are needed. At any given time 48 parking spaces are required for players. There will be eight (8) full time staff on site at any given time. Therefore (48 players + 8 staff) = 56 parking spaces are required. 20% contingency must also be allocated for additional parking spaces, this is 11 additional parking spaces. The Total parking requirement will therefore be 56 + 11 = 67 spaces. The center has currently 70 parking spaces which is more than adequate for the traffic that the center generates. The cafeteria is actually a rest area for the parents while their children are playing. The cafeteria will only be serving cold drinks as well as snacks. It is not a restaurant. Please find attached copy of cup for similar project in City Of Irvine. Should you have any question please call me at any time. Sincerely Yours, " 2082 S.E. Bristol, S~zitc 221 · S~nt~z Azzrz H<dghts, CA 92707. Tel: (714) 833-32~0 · F~: (7~) ~33-1145 Mold And Die October 12, 1995 Scott Murphy City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Liquor License for U.S. Indoor Soccer Dear Mr. Murphy: I am writing this letter as a concerned neighbor of U.S. Indoor Soccer. I believe it would be a grave mistake to grant U.S. Indoor Soccer a liquor license, based on the problems that currently exist with this establishment. The nature of their business does not even warrant a reason for liquor. The patrons are either young teenage kids that can not drink legally or adults that are interested in the health and fun of playing organized sports. Next, Hltter's Haven will want a liquor license. How many sports have a beer break at halftime or at the end of a period? With the right to sell liquor, U.S. Indoor Soccer would create a higher level of loitering than it has now. Mixing loitering with liquor can only fuel the already apparent problemslbetween U.S. Indoor Soccer and the rest of the property owners in the Arrow Business Park. As a local business owner, understanding Rancho Cucamonga's regard to provide a high standard of living for its people, I hope you give this matter a great deal of consideration. Thank-you, Mike Koebel 10824 Edison Court - Rancho Cucamonga, CA 91730-3868 · (909) 980-6600 · FAX (909) 944-3199 Commissioner Mel r supported the applicant's requ o erect a galvanized steel pole to be le npainted. Motion: Moved by Melcher, s nded by Tols , to adopt the resolution approving Conditional Use Permit 95-24 'th mod' cation to require access on site for construction and maintenance of acility. Motion carried by the following VOte: AYES: BARKER, LUMPP, OLSTOY NOES: NONE ****' ABSENT,: NONE ABSTAIN: NONE ' d B. MODIFICATION TO CONDITIONAL USE PERMIT 94-09 - KICKER'S GRILL A request to expand the cafe services within an existing indoor soccer facility in the General Industrial designation (Subarea 8) of the Industrial Area Specific Plan, located at 11120 Tacoma - APN: 209-471-05. Scott Murphy, Associate Planner, presented the staff report. He indicated that a letter had been received from a business in the same industrial park opposing the sale of alcoholic beverages because of previous problems with the customers who frequent the business. Chairman Barker opened the public hearing. Cle Kooiman, 6156 Hellman Avenue, Rancho Cucamonga, stated he is a professional soccer player who has played professionally for the last 12 years in the United States and Mexico. He said he had moved to the area because it is one of the greatest soccer areas in the United States. He stated the Planning Department signed them off on the zoning affidavit needed by the Alcohol, Beverage Control Board (ABC) and they proceeded to invest $13,000 in renovations to the cafeteria area. He said they'would not have invested money in the renovations without the zoning affidavit. He acknowledged they had become aware ofthe parking issue and stated he wished to address that problem. He said the happiness of their neighbors is important to them and they are willing to do just about anything to solve any problems set before them. He said they understand the concerns raised by the neighbors. He indicated that he became involved with the business two months ago and he thought they had solved the parking issue since then. He felt the problem is not too many cars, but that their clients were parking in the wrong area. He said he had spoken with their adjacent neighbor and installed some parking signs and also now has a staff member checking the parking lot every 15 minutes. He said they have also decided to hire a parking attendant while their business is open. He reported that Mark Capellino, the developer, has also assured them they will have space in front of their property if they have too many cars. He referred to the letter from Prestige Mold and Die and said he thought they did not have up-to-date information. He felt they have taken care of all of the parking problems which had occurred in the past. He stated most cafeterias have beer and wine on their menus and he suggested their operation would be similar to the bowling alley. He observed that the Prestige Mold and Die letter referred to beer and wine breaks during a game and said that one of their rules prohibits drinking before or during games. He did not feel their patrons have been loitering in the parking lot. Mr. Kooiman referred to a letter from Rafco Products and he stated that the problems referred to in that letter had occurred prior to his joining the operation. things and problems no longer occur. Planning Commission Minutes ;~Vr~,/~C ,, -3- He felt they have changed October 25, 1995 George Franov, 921 West 13th Street, Upland, stated that he would run the everyday aspects of the restaurant. He said he has been in the restaurant business for 15 years and in restaurant management for 10 years including restaurant manager at Sneakers for the last 3 years. He commented they want to provide quality food and drinks in a healthy family atmosphere. He said the families and players drive from all over the area and they wish to provide an opportunity for them to enjoy a full evening of soccer. He observed that patrons have asked for a more extensive menu. He remarked he and the other owners of Kickers are actively involved in youth soccer. He stated their staff would be highly trained to prevent underage drinking and they have set up rules in cooperation with the US Indoor Soccer Academy to prevent drinking before a game and a team can be penalized as well as individual players for violating the rules. He stated that anyone fighting in the cafeteria would be expelled from league play and no alcohol could be removed from the cafe. He said they would try to prevent drinking and driving by providing questionable patrons with time or food to get them sober enough to drive or will arrange a taxi home. Commissioner Melcher asked if Kickers is a separate business from US Indoor ~occer Academy. Mr. Franov said they lease the space from the Soccer Academy but they work hand in hand with the Academy. Commissioner Melcher asked how many seats are in the restaurant. Mr. Franov replied they currently have 80. Commissioner Melcher asked if they would be advertising to bring in business from the community or catering only to those patrons at US Soccer Academy. Mr. Franov replied they are not currently planning to advertise; however, they are involved with soccer other than through the US Soccer Academy and he did not feel they would turn away patrons who are not playing. Commissioner Tolstoy asked if Mr. Franov would still manage Sneakers or if Kickers would be his only business. Mr. Franov stated he is still the general manager at Sneakers. He said he would ideally like to do both jobs until Kickers can be his sole source of income. Commissioner Lumpp asked if they would serve someone who walked in off the street to watch a game. Mr. Franov replied affirmatively. Commissioner Lumpp asked if parents of those playing would be able to partake of beer and wine while their children played. Mr. Franov said that was correct but they are now thinking of scheduling the leagues so that all youth games are finished by a certain time and opening to serve alcohol after that time. Commissioner Lumpp asked if games will be ongoing when the bar is open. Mr. Franov responded that was correct. Commissioner Lumpp asked if Mr. Franov is currently operating the cafe. Planning Commission Minutes -4- October 25, 1995 Mr. Franov said he is running it with his two partners. Commissioner Lumpp questioned if the applicant is wanting to expand the cafeteria and offer hot food and beer and wine. Mr. FranOv said that was correct. Noah Kooiman, 335 Inland Empire Boulevard, Apt. 15-H, Rancho Cucamonga, said he is one of the three partners. He reported he is one of two managers at US Indoor Soccer Academy and his duties are to bring in business. He said they have youth, adolescent, adult female, adult male, and co-ed groups. He stated they have a one-of-a-kind facility. He said they wish to enhance the facility with the restaurant. He reported he does all the scheduling and has been actively involved in youth soccer coaching in the community. He said they are currently open from 5:00 p.m. to midnight and the games for younger players are from 5:00 to 7:30 p.m. He noted that the surrounding businesses generally close at 5:00 p.m. He said he would like to schedule it so that no alcohol will be served during youth games. He observed the parents can video tape the games and then watch the videotapes on their big screens in the cafeteria area. He said they also want to have facilities to accommodate birthday parties. Commissioner Lumpp asked if the applicants had paid for and installed the chains and barriers to prohibit parking at the adjacent business. Cle Kooiman said the posts were already in place and they merely installed the chains. Commissioner Lumpp asked who had installed the posts. Cle Kooiman thought they were put there by the builder. Commissioner Lumpp asked if the adjacent business is Prestige Mold and Die. Cle Kooiman replied negatively and said that Prestige is further west. Commissioner Lumpp asked what business is located where the chain was installed. Cle Kooiman replied it is a frisbee company. Commissioner Lumpp asked if they had sent a letter opposing the project. Cle Kooiman replied the frisbee company has been very happy the last few months because the problems have been solved. He said that Prestige Mold and Die is not even in business as yet. Commissioner Lumpp asked where Rafco Products is located. Cle Kooiman stated it is the northeast corner of the site. He felt there have not been any problems during the last two months since they have started patrolling the parking lot and put up the chains. Mr. Murphy pointed out that Prestige Mold and Die is located in the third building to the west and Rafco is the adjacent building northeast of US Soccer Academy. Planning Commission Minutes -5- October 25, 1995J~J Cle Kooiman stated they have 10-15 extra parking space. He felt that even if some families stay after their game to eat, there should not be a parking problem. David Davies, 8830 Somerset, Rancho Cucamonga, requested that the application be approved because the Kooimans are involved with youth soccer and he felt the Kooimans would not do anything to harm the children. He commented that small businesses should be supported and he felt they had addressed all issues of concern. Mike Oshay, 912 Cleary, Claremont, stated he is one of the patrons. He thought the business had experienced growth problems and patrons did not initially know where to park. He commented that patrons cannot play if they are under the influence of alcohol. He felt parking should be permitted on the street. He commented he would like to be able to stay and relax with his teammates after games. He remarked that the Kooimans are good role models. Sandie Oerly, 5652 Emerald, Rancho Cucamonga remarked that she has known the Kooimans for a long time and they are very active in youth soccer in the community. She said she used to go to an indoor soccer academy in Mira Loma which had a cafeteria with beer and wine and watched videos of games. She stated that many adults now play soccer. Ms. Oerly commented that there is generally a lot of illegal parking near any facility with youth sports. She felt US Soccer Academy has done a good job of trying to address the parking problem. She thought alcohol consumption and the facility would be well monitored and there would be no problems. She stated she would like to use facility for birthday parties for youths. Mark Capellino, Cap Brothers Construction, 438 Amapola, Suite 210, Torrance, stated he is the developer of the property. He said he was encouraged by Mr. Kooiman's offer to have an employee in the parking lot as he felt it would help mitigate some of the problems which had been experienced by adjacent businesses. He commented that parking on some of the adjacent properties could be considered on a temporary basis until the other properties are developed but he wanted US Soccer to fully utilize its own lot prior to using other areas. Commissioner McNiel asked if Mr. Capellino had received complaint letters from any other businesses in the area. Mr. Capellino replied they had not received any other letters, but he thought there may be other businesses with comparable concerns. He said that he has visited the site on many occasions and there are cars parked on adjacent properties and in the street when there are still some unutilized parking spaces in the rear of the building. He knew the Academy had made attempts to encourage their patrons to use that parking but he felt that having someone in the parking lot to direct parking would be an important component in solving the problems. Commissioner McNiel asked if there is access to the building from the rear lot. Mr. Capellino said there is but he thought they have tried to encourage patrons to still enter from the front of the building. Commissioner Tolstoy asked the approximate amount of parking in the back. Mr. Capellino estimated that 25 to 30 percent of the parking is in the rear. Planning Commission Minutes -6- October 25, 1995Jj~ Sam Izadi, 11120 Tacoma Drive, Rancho Cucamonga, said he has been involved in the project from the start. He noted that one of the complaints had been received from someone located three buildings away to the west but there was not a complaint from the business immediately adjacent to the west. He therefore thought the problems have been resolved. He said they have been working with the neighbors to have a good relationship. Commissioner Lumpp asked for an explanation of the business relationship. Mr. Izadi replied that he is one of the three owners of the facility; Noah Kooiman is the general manager of the facility and Cle Kooiman, Mr. Franov, and Noah have leased the cafeteria section of the building. He said US Indoor Soccer Academy will only be running the soccer activities but they will be working closely with Kickers Grill in enforcing the rules. Commissioner Lumpp asked which of the individuals work directly for Mr. Izadi. Mr. Izadi responded that Noah Kooiman works for him. Commissioner Lumpp asked if Kickers Grill currently subleases the facility. Mr. Izadi replied that Kickers Grill signed the lease agreement after the City had reviewed the zoning affidavit for submission to ABC. He thought the lease would not have been signed if the zoning affidavit had not been approved. Hearing no further testimony, Chairman Barker closed the public hearing. Mr. Murphy reported that 37 spaces, just over 50 percent of the parking, are located in the rear of the building. Commissioner Tolstoy stated he visited the facility on Tuesday. He observed that the building was built for an industrial use and he felt there are problems because it is now being used for a recreational use. He commented that the parking is adequate for an industrial use, but now there are problems because of the configuration of the parking with half of it being hidden from street view. He thought the Commission will be more cognizant of future parking problems the next time there is an application for a recreational business in an industrial building. He said he was impressed with the facility and thought it is well laid out. He felt there is adequate room for a restaurant and he did not object to expanding the food services with the provision that a parking lot attendant be located in the parking lot because he thought there will continue to be a parking problems otherwise. Commissioner McNiel questioned if Commissioner Tolstoy supported the sale of beer and wine. Commissioner Tolstoy indicated he supports only the expansion of the restaurant. Commissioner Melcher suggested that the parking lot attendant be required to be uniformed and be there during all business hours. He did not object to the expansion of the restaurant and the addition of beer and wine; however, he thought they should be restricted to the on-site business as opposed to being open to the public. He acknowledged that the public cannot be excluded, but he did not think they should be permitted to advertise to the public until they have established a track record of a problem-free operation. He suggested the matter could be reviewed in a year. Planning Commission Minutes -7- October 25, 1995 Commissioner McNiel did not oppose the expansion of the restaurant. He noted there is an ongoing problem with the parking which the applicant appears to be trying to resolve. He observed that Mr. Kooiman had indicated they plan to utilize a parking attendant, but he feared a parking attendant may not be there in the future. He felt there is no way to police the parking problem except by cordoning off the area. He said he has been involved in competitive sports for a long time and has observed that the spirit of competition can be very heated. He felt that the tension of running into other players sometimes does not go away and he felt that the introduction of beer and wine could lead to problems. He observed that beer and wine are prohibited in public parks and he felt it might be for that reason. He did not support the sale of beer and wine. He was not sure how the City could control the parking situation and he felt the City could not control a ban on advertising. Commissioner Lumpp stated he had a serious problem with the land use issue. He felt the City may have been too flexible when allowing the sports use to locate in an industrial park. He said the applicant was now asking to expand the sports use by adding a restaurant and bar within an industrial building within an industrial park. He did not support the application. He observed that the fundamental use is a conditionally permitted use, not a permitted use. He said he was also confused over who controls the operation. He noted that Cle Kooiman mentioned that he had talked to the adjacent property owner but Mr. Kooiman is not the owner of the soccer facility, but only a concessionaire and would not have control of the sports operation. He thought Mr. Izadi should be the one talking to neighbors'to work out the problems. He observed that a restaurant use has specific parking requirements and there is not sufficient parking to meet the restaurant criteria. He felt the complaints attest to the fact that there are barely enough parking spaces for the current use. He noted that the patrons seem to be enjoying the facility as it now exists and adding a bar/restaurant will compound the parking problems, not to mention cause a potential for nuisance, health, and safety concerns. He also thought expanding the restaurant use will lead to players staying after their games to socialize, which will compound the parking problem. He noted the games are scheduled on a rotational basis because there was originally a parking problem and if players stay after their game to socialize, they will be taking up the parking spaces needed for the next team. He felt having a parking attendant may not solve the problem because people will park where they want and the parking attendant would have no powers of enforcement. He stated that the addition of a bar/restaurant is not a good land use addition to a soccer facility. Chairman Barker stated that some points had been raised in the public testimony that are not issues. He felt that soccer and the reputations of the individuals concerned is not an issue, and noted that his family has been very active in soccer for years. He remarked that when the application for the soccer facility was first submitted, the thinking had been that it would fill an unused building and the activity is healthy. He observed that there is now a request to attach another use and open a bar in an area which was neither designed nor intended for that purpose. He said a number of the impacts have been addressed, but he felt it would be unwise to add a bar to the facility. He noted that the parking is not set up for either a restaurant or a bar. He did not support the use. Commissioner Melcher noted that the suggested resolution is a denial without prejudice. He thought that if the Commission determines the use is inappropriate, then the application should be denied, not denied without prejudice. Planning Commission Minutes October 25, 1995 /~ Commissioner Lumpp thought the only purpose for denying a resolution without prejudice was to allow an applicant to refile a similar application within a year. He noted that certain issues had been presented and the Commission had expressed certain concerns and he did not think the applicant would refile a similar application. Ralph Hanson, Deputy City Attorney, stated Commissioner Lumpp was correct, in that if an application is denied, a similar application cannot be refiled within a year, whereas a similar application could be refiled within a year if the application is denied without prejudice. Chairman Barker suggested the resolution could be modified by removing the words "without prejudice" if the Commission felt that the opening of a bar in that industrial area would never be appropriate. He thought that if something could be done to make the use acceptable in that area, then "without prejudice" should be left in the resolution. Motion: Moved by Tolstoy, to direct staff to prepare a resolution of approval to allow the expansion of the restaurant without a liquor license and with a requirement that a parking attendant be in the parking area at all times during their hours of operation. Commissioner McNiel noted that when the conditional use permit was approved, the original plans included a cafe. He stated that upon hearing Commissioner Lumpp's concerns, he felt the existing parking problem would become a bigger problem if the restaurant is expanded; therefore, he could not second Commissioner Tolstoy's motion. Commissioner Tolstoy's motion failed for lack of a second. Motion: Moved by Lumpp, seconded by McNiel, to adopt the resolution denying the modification to Conditional Use Permit 94-09 with a revision to delete the "without prejudice" verbiage. Motion carried by the following vote: AYES: NOES: ABSENT: BARKER, LUMPP, MCNIEL MELCHER, TOLSTOY NONE - carried The Planning ,n recessed from 8:29 p.m. to 8:37 ENVIRONMENTAL ASSESSMENT DEVELOPMENT 95-01 - PRAIRIE PACIFIC INVESTMENTS - A Development 'eement ~ween the City of Rancho Cucamonga and Prairie Pacific Investments purpose of providing a senior housing project in accordance with the ~ior Housing Overlay District (SHOD), including deviating from cert~ standards, for 158 apartment units located on the south s~ of Base Road, west of Archibald Avenue - APN: 208-031-75. ENVIRONMENTAL ASSES: INVESTMENTS - A re~ project in the Density Residential designation acre) with Housing Overlay District (SHOD), side of Line Road, west of Archibald Avenue - APN: AND DEVELOPMENT 95-22 - PRAIRIE PACIFIC !st to construct a 158-unit, story senior apartment dwelling units per .ted on the south 2~1-75. -9- October 25, 1995 Planning Minutes RESOLUTION NO. 95-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 94-09, A REQUEST TO EXPAND THE CAFE SERVICES WITHIN AN EXISTING SOCCER FACILITY IN THE GENERAL INDUSTRIAL DESIGNATION (SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11200 TACOMA, AND MAKING FINDINGS ]N SUPPORT THEREOF - APN: 209-471-05. A. Recitals. 1. Cle Kooiman has filed an application for a modification to Conditional Use Permit No. 94-09, as described in the title of this Resolution. Hereinafier in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 25th day of October 1995, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set fodh in the Recitals, Pad A, 'of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above- referenced public hearing on October 25, 1995, including written and oral staff repods, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 11200 Tacoma with a street frontage of 204 feet and lot depth of 296 feet and is presently improved with an industrial building; and b. The propedies to the nodh and south of the subject site are designated for industrial uses and are vacant. The propedies to the east and west are designated for industrial uses and are developed with industrial buildings; and and The business activity currently creates parking problems on adjacent propedies; d. Expansion of the use may create additional impacts on the adjacent properties as a result of slower turnover rates, inconsistent with the intent of the Development Code. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set fodh in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to propedies or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 95-51 CUP 94-09 - CLE KOOIMAN October 25, 1995 Page 2 4. Based upon the findings and conclusions set fodh in paragraphs 1, 2 and 3 above, this Commission hereby denies the application without prejudice. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIR P5 H DAY OF OCTOBER 1995. PLANNING C SSION OF THE OF NCHO CUCAMONGA BY: E. a ATTEST:--, I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby cedify 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 25th day of October 1995, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL NOES: COMMISSIONERS: MELCHER, TOLSTOY ABSENT: COMMISSIONERS: NONE RESOLUTION NO. 94-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 94-09 FOR AN INDOOR SOCCER FACILITY, LOCATED IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-471-05. A. Recitals. I. Hannibal Petrossi has filed an application for the issuance of Conditional Use Permit NO. 94-09 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 27th day of April 1994, 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. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on April 27, 1994, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 11120 Tacoma Drive with a street frontage of 204 feet and lot depth of 296 feet and is presently improved with a 23,052 square foot industrial building; and b. The property to the north of the subject site is industrial, the property to the south consists of industrial, the property to the east is industrial, and the property to the west is industrial; and c. The application contemplates an indoor soccer facility, including two playing fields, locker rooms, pro-shop, and cafeteria; and d. The proposed hours of operation are weekdays from 3:00 p.m. to 11:00 p.m. and on weekends from 9:00 a.m. to 10:00 p.m.; and e. The proposed use is exclusively for league play and is not open to the general public. PLANNING COMMISSION RESOLUTION NO. CUP 94-09 - PETROSSI April 27, 1994 Page 2 94-34 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 paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b(3) of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth.below: Planninq Division 1) Approval shall expire, unless extended by the Planning Commission, if building permits are not issued or approved use has not commenced within 24 months from the date of approval. 2) Approval of this request shall not waive compliance with all sections of the Industrial Area Specific Plan and all other City ordinances. 3) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including but not limited to parking, the Conditional Use Permit shall be brought before the Planning Commission for the consideration and possible termination of the use. 4) Any signs proposed for the facility shall be designed in conformance with the Uniform Sign Program for the complex. PL'{NNING COMMISSION RESOLUTION NO. CUP 94-09 - PETROSSI April 27, 1994 Page 3 94-34 5) Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the City Planner. 6) Approval is for a 23,052 square foot indoor soccer facility with incidental services such as a cafeteria and pro-shop. The expansion or the intensification of the use, or change in the hours of operation, shall require a modification to the Conditional Use Permit. 7) A copy of this Resolution shall be attached to any lease for this space. 8) The applicant shall restripe the parking lot to provide the 67 required parking spaces per the approved site plan on file in the Planning Division. The 5 additional employee parking spaces on the west side of the building may be striped and used for overflow parking but shall not be counted as required parking. 9) The approval is granted for indoor soccer league use only and the facility shall not be open to the general public. 10) The hours of operation, except for office functions, shall be limited to weekdays from 3:00 p.m. to 11:00 p.m. and on weekends from 9:00 a.m. to 10:00 p.m. 11) Spectator seating shall not be provided, except as is included in the cafeteria, unless a modification to this permit is approved subject to additional parking study. Fire District/Buildinq and Safety Division 1) Occupancy of the facility shall not commence until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division for review and approval prior to issuance of building permits. The building shall be inspected for compliance prior to occupancy. PLANNING COnMISSION RESOLUTION NO. CUP 94-09 - PETROSSI April 27, 1994 Page 4 94-34 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 3) The building will be required to have an automatic fire protection system (sprinklers). 4) Flame retardant treatment of the interior finish and decorations will require proper certification. 5) Additional exit illumination with back-up power may apply after plans are approved and upon final Fire Department inspection. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF APRIL 1994. PLANN O%O~UN OF THE CI OF RANCHO CUCAMONGA : _ BY E. DakX Barker, ' ATTEST: I,B/ad Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of April 1994, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, LUMPP, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 94-09, A REQUEST TO EXPAND THE CAFE SERVICES WITHIN AN EXISTING SOCCER FACILITY IN THE GENERAL INDUSTRIAL DESIGNATION (SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 11200 TACOMA, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-471-05. A. Recitals. 1. Cle Kooiman has filed an application for a modification to Conditional Use Permit No. 94-09, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 25th day of October 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said headng on that date. After concluding the public hearing, the Planning Commission denied the application through adoption of their Resolution No. 95-51. 3. On November 6, 1995, the applicant filed a letter of appeal within the time limits prescribed by law. 4. On the 6th day of December 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the 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 public hearing on December 6, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at 11200 Tacoma with a street frontage of 204 feet and lot depth of 296 feet and is presently improved with an industrial building; and b. The properties to the north and south of the subject site are designated for industrial uses and are vacant. The properties to the east and west are designated for industrial uses and are developed with industrial buildings; and The business activity currently creates parking problems on adjacent properties; and d. Expansion of the use may create additional impacts on the adjacent properties as a result of slower turnover rates, inconsistent with the intent of the Development Code. CiTY COUNCIL RESOLUTION NO. CUP 94-09 - CLE KOOIMAN December 6, 1995 Page 2 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed use, together with the conditions applicable thereto, will be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the City Council of the City of Rancho Cucamonga hereby denies the application. 5o This Council hereby provides notice to Cle Kooiman that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Cle Kooiman at the address identified in City records. CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: TO: FROM: BY: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Alan Warren, AICP, Associate Planner COMMERCIAL LAND USE AND MARKET STUDY RECOMMENDATION: It is recommended that the City Council receive and discuss the subject study in anticipation of formulating policies for commercial development within the community. BACKGROUND: In June of this year, the City Council authorized the development of the subject study to take a fresh look at the commercial land inventory in relation to the community's current and future economic base. The study was recently completed and, on November 29, 1995, the Planning Commission held a workshop to discuss the study's findings and conclusions. Staff will present an oral report summarizing the issues raised by the Planning Commissioners. The completed work is now before the City Council with a similar opportunity to have an in-depth discussion on the study's findings. The consultant, Shant Agajanian, will be present to answer questions and provide insight into the development of the study. Staff also welcomes any questions you may have prior to the meeting. After initial discussion of this item tonight, it would be appropriate to consider scheduling a joint Planning Commission/City Council workshop to discuss future commercial land use policy direction. BB:AW/sp CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 6, 1995 TO: Mayor, Members of City Council Jack Lam, A.I.C.P., City Manager FROM: BY: SUBJECT: Suzanne Ota, Community Services Manager / Kathy Sorensen, C.L.P., Recreation Superintedent~ UPDATE ON SKATEBOARD PARK RECOMMENDATION: Refer issue to Park and Recreation Commission for review and have the Commission report back the subcommittee findings. BACKGROUND: The City of Rancho Cucamonga officially became involved in the skateboarding issue when the City Council passed an ordinance regulating skateboarding within the City. Since that time several meetings both public and informal have taken place on this issue. The last official action by the City Council was on April 17,1991. Two primary areas of concern were raised: insurability and safety. On October 19, 1995, the Park and Recreation Commission discussed skateboarding. The Commission formed a subcommittee consisting of Commissioners Whitehead and Clopton to go over the information that staff had compiled, review what other cities are doing, look into the safety and insurance issues, consider parks wherein a skateboard facility might be feasible and look into costs to construct. The subcommittee would report back in 90 days. UPDATE ON ISSUES Insurance Currently insurance pools which are used by self insured cities are providing insurance for "low risk" type of facilities. Not insurable are vertical ramps, half-pipe, and deep bowls. This is from a letter issued by the City's insurance carrier in 1990. Since 1990 several more municipal skateboard parks have opened and the insurance issue has expanded some to include more popular facility amenities being insurable. The current City insurance carrier confirms that the City could be covered for a "low risk" facility should one be built. CITY COUNCIL December 6, 1995 Skate Park Page 2 Safety Issues Safety issues have not been directly discussed by staff. However, several cities do have these documents in place and would serve as good resource tools. Also in January of 1993 Assembly Bill #2487 became effective. This bill sets forth some additional protection language which provides legal sanctions on individuals using skateboard parks that do not use protective gear. This helps limit the exposure by the cities who adopt ordinances which require the use of safety equipment to use the facility. Respectfully Submitted, Community Services Manager CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of City Council Jack Lam, AICP, City Manager Suzanne Ota, Community Services Manager CONSIDERATION OF CITY POLICY AWARENESS OF YOUTH PROGRAMS TO PROMOTE COMMUNITY RECOMMENDATION It is recommended that the City Council consider and approve the following City Policy to Promote Community Awareness of Youth Programs. BACKGROUND At its November 15, 1995 meeting, the City Council recognized the importance of promoting youth programs which reflect the positive accomplishments of young people. It was felt that through community awareness, residents can become better informed about the many youth programs offered in the community. This, in turn, can encourage increased youth program participation and community support for these programs. Respectfully submitted, Community Services Manager SO/kls cc: Proposed Policy j CITY COUNCIL MEETING CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY AWARENESS OF YOUTH PROGRAMS December 6, 1995 Page 2 City of Rancho Cucamonga POLICY & PROCEDURE SUBJECT: CONSIDERATION OF CITY POLICY TO PROMOTE COMMUNITY AWARENESS OF YOUTH PROGRAMS EFFECTIVE: December 6, 1995 GENERAL PROVISIONS The City's youth population represents the future citizens and leaders of our community. It is important to recognize and support youth programs to ensure the highest quality of programs and opportunities for youth. The City will recognize the accomplishments and efforts of youth programs in a number of ways. Programs which represent the City on a city, state and national level may be recognized in the City's Grapevine which is published four times a year. These programs, as well as other youth programs affecting youth on a community-wide level, may be recognized in the City's public access Cable Rancho Cucamonga-TV channel. City staff will endeavor to work with local schools and youth agencies to seek newsworthy youth program information. Youth agencies can also contact the Community Services Department to communicate this information. 4. Publication resources are limited. Every effort will be made to accommodate newsworthy information where space is available. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager DISCUSSION OF MARKS CABLEVISION RATE ADJUSTMENT AND ISSUES RELATING TO CABLE REGULATION RECOMMENDATION It is recommended that the City Council discuss the matter and provide direction to staff as appropriate. BACKGROUND/ANALYSIS The City has received notification that Marks CableVision is proposing a rate increase effective January 1, 1996. For most subscribers, the increase will be $2.50 per month. Concurrent with the rate increase, there will also be a change to the basic cable line up. Marks will be adding the Disney Channel and Turner Classic Movies to the basic system. Attached for your information is a memo explaining the changes as well as letters from Marks Cablevision that are being sent to their subscribers. After learning of the rate increase, the Cable Subcommittee was very concerned and wanted the opportunity for the full Council to discuss the issue and take a stand. Unfortunately, existing regulations do not give the City any authority over this rate increase. In the past, the City has discussed adopting a resolution to regulate basic tier cable rates and related equipment costs as allowed by the Cable Television Consumer Protection and Competition Act of 1992. At that time, the City Council opted not to adopt the resolution because the rules do not give us total authority and would involve increased costs to the City as well as imposing an additional layer of government on private industry. If the City Council decided that they would like to consider a resolution adopting the regulations then staff would prepare the necessary documents and papers to be filed with the FCC. Please keep in mind, that these regulations do not give the City Council the authority to deny rate increases. These regulations only give the Council authority to insure that the rate increase formula established by the FCC is followed. DISCUSSION OF CABLE TELEVISION RATES AND REGULATIONS December 6, 1995 Page 2 It takes 30 days to become certified and adopt the regulations prescribed by the FCC. The City could then begin to regulate. One additional point to consider is the pending telecommunications legislation before Congress. If some of the legislation being considered is adopted then cable television would be deregulated and this whole process would be moot. After discussion, staff will take necessary actions as directed. Duane A. Baker Assistant to the City Manager /dab attachments DATE: TO:. FROM: SUBJECT: CITY OF RANCHO CUCAMONGA MEMORANDUM November 15, 1995 Mayor and Members of the City Council ana~~ Duane A. Baker, Assistant to the City M CABLE TV RATE INCREASE Staff was informed by Marks CableVision that effective January 1, 1996, they will be making changes to their system that will result in a rate increase for most subscribers. Attached are three letters explaining the changes that will be going out to different classes of subscribers starting on December 1, 1995. The changes that are being made are to add Turner Classic Movies and the Disney Channel to the basic package. The approximately 16,500 residents not currently receiving the Disney Channel will see an increase of $2.50 in their monthly bill. The 2,500 subscribers who are currently paying for the Disney Channel as a premium channel will see a rate reduction. Finally, the 3,000 residents getting the HBO/Disney package will see a change in their service and rate. Residents who got this package received HBO 2 and HBO 3 free. After the change, their monthly charge will be reduced but they will no longer be getting HBO 3. The attached letters explain these changes. In addition to the letters, I have also attached a rate survey conducted by Marks comparing rates and channels offered. While the comparison looks at similar numbers of channels, it does not mention that some of the other cable systems offer basic packages with fewer channels that cost less. I mention that fact to let you know that it is not a basic package to basic package comparison. If you have any questions regarding this matter, please let me know. I will be further discussing these changes with Marks to better understand the methodology and implications. /dab attachments CC: Jack Lam, AICP, City Manager Jerry Fulwood, Deputy City Manager MARKS CABLEVISION + 90988?4660 P.02 System I City CABLE RATE SURVEY - NOVEMBER 17, 1996 Basic .. Disney Channels Included? Yes 198 ......... t996" Monthly Monthly Cost Per Rate Rate wl Tax Channel COMCAST - Ontario COMCABT- Uphnd COMCAST - Fontana COMCAST - San Bernardino CHARTER - Riverside ~.,__ .,..is ......., .............- --~:-.. · - 43 Yes $27.95 $29.47 $0.66 43 53 Yes $27.ge; $29.47 $27.95 $3t .15 $0.63 61 Yes $27.9S $31.85 $0.65 55 Yes $26,20 $29,34 ._,_..~0_,48....J MARKS CABLEVISION ~- 90988?4660 P. 02 ~3 r~f D~:.~ber 1, 1995 A Letter to our Valued Customers; We are pleased to announce that eftcalve January 1, 1996, The Disney Channel will be added to om L,~tsic channel lineup. The Disney Chinreel offers great programming for every member of the family. This wholesome family channel has long been our most requested and most watched premium service, and will now be a valued ct, mpliment to your basic service. If you presently hav~ The Disn~ Channel, you will no longer se~ an itemized charge on your bill, Disney will now be includ~ in your monthly basic service rate. If you do not currently have The Disney Channel, simply rune to channel 6, anytime on or aRer ltmua~y l, 1996 and enjoy all the he.qt Disney has to offer. In addition to The Disney Chimnel, wc will also bc adding Turner Classic Movies lifts winter to our basic he, up. Turner' s movie library is an unsurpassed collection of all your favorite old time movies appearing 24 hours a day, COMMERCIAL FREE! Marks CableVision strives to pro,dde cable television senice at the most reasonable rates possible, while at the same tirqe ddiveriag the quality programming and ~ervic~ that our custmners expect. To continue our commitment to improvements in technology, enhancements in customer service, and our dedication to local education, as well as the addition of quality programn~ng, o,r .~y.~tem will be adjusting rates for basic service effective on your January bill. ~ January 1.1996 Variance. Basic Cable $25.60 $28.10 $2. bO According to a recent rate comparison survey from nearby cable companies serving San Bernardino, P'onmna, Ricerside, Ontario and Upland, Marks CableVision costs less for a comparable basic rackage inelucling Disney per month while providing more basic channels than any other city. Although rate increases are never desired, and we understand that there is substantial competition tbr your entertaimne-m dollar, we L~tieve that our product i,~ stir the bost all- around value in town. ely, Tim K~l!~y General Manager Clzi~Ll=~ ]. S .[CIr-i December l, 1995 A LOIter to Our Valued Customers: We arc picasod to announce that effective lainare7 1, 1. 996~ The Dimey Charnel will ~ a&~d ~ our ~sio channel tincur. The Disn~ Chunel o~cts U~t pmgraumu~ for evc~ mem~r ~he famjl3.. wholesome family channel ~s long ~n otw n~st r~ted ~d n~st ~atch~ ~emium ~e. This nosy ~ a ~lu~ ~mpl~ment to yo~ ~ic m~'i~. ann will As a Disney suNcr;he.r, you ar~ well awa.¢~ oftlie benea~ts of having The Disney Channel in yottr home. Our policy at Marks CableVision has been that customers who subscribe to l-ffiO and anofltet premium $cnqee are entitle.4 to tlh-ee screens of HBO for ~ne tm,-c 0forte. Now that Disr,~- will no longer be a premium scn,'icc, there will be a change to your bl. BO service. You will still c~ntmae to receive HBO l and I-[BO 2 al your current monthly ram However. to eonmtue to rceei ~,e ltlaO 3, you will nced tu ~llbscribe to any one of our other vahe-pneecl ~remitun ~rvices such as Onemax, Showtime or The Movie Channel By subscribing to one of the tht~ge preeniron charmtin, .,Du will cc, miaue to re, ech-e I-ilK) 3 free of charge, As a sp,"cial offer to out pre,4ous HBO/Dirmev subsctibers~ we are offering I-toO l, 2, 3 and The Mo~de Ch~m~el at a redoteA rate of juet $1 ~.93 lea nine montl~s. Upon the end 0£ this nine month period. your rate ~I! be adjmted ~o $16.95 for three additional months. at wlfich time it ~11 go to our regular lnonthly price of $19.00. In addition to the Disney Channel, we will also be adding Turner Cla,t~{c Movieg this winter to eta ba-nc lineup. Tunic,": movie Ilblary is aft tnkqul~sed collection of all your favorite old time h'lO~ieS appearing 24 hetffS a day, COMMERCIAL FREE! ' Marks CableVision strives to provide cable television sen'ice at she mo~t reaso~aabl¢ rates p~sible, witlie at the ~mic time delivering the quail.re programntmg and sen, ice that our caste}reefs exl~-t. To continue our conmfitment fo impre,'ement$ in technology. enhnncement¢ in etatom®r ~n,ic:e, and our '¢kdlcatlon to lcrcal t'dueation, aS well as tlle addition of qtlality programming, our system will be adjusting rate~ basic service effective on )'out Janua.ry bill, Presen. t Jan,,anr 1. 1996 Yafi,an¢._!¢ Basic CaBle $25.60 S28. I0 $2.50 According to a roeeat rate coml~rison s'u.~,ey from nearby cane companies serving San Bernarai ac>, Fonta,m, Riverside, Ontario and UVland. MarL:s CableVision costs less for a ~,,on,parable baste 13ackagc including Dtsn~a' pc~ month while provichng more Msic channels than an~.' other city. Although rate increases arc never desired, and ~,,~ tilldef'sta~.d that titere is substantial con:petition lbr your entertainment tieliar, we believe that our product is still the best alX-,~rotutd waj ue in toY, n. Sincerely Tim Kctlc~' General Manager A Letter to our Vsluc<t Cuatomct.,~ We ~m pl~x~d to a~o~ ~mt eft&five J~m~ 1, I~96, ~ ~mcy ~el ~.11 ~ ad~ :o o~ ~sio ~h~nel linaup~ E~c Di,mey Chonnc] ~ff~ ~t ~,to~mt~tt~ ~u~ ~v~'y m~ of flit ~l.y. 1]'~ whol~ne ~ty c~mel has most requested m:d most ;~atch~ ~amm sernee, and x~iH now k a valued contpl~m~t ~ ymw ~c ~r~ce. As a Dis~xcy subscrib:r, you are x~ll axv~e of ~e ~EB of~vin$ The Disn~]' Charnel in yo~ ~,om~. Wi~ ~snc~' at yo~:z basic' service, alos cmstomcrs ~ ~vz a conve~r ~x will no Io~er n~d it. S~lVly at~cl~ yo~ active able lm~ diettly to ym~, cable ready TV xet Lot VCR if applicable). You x~ll ¢~ ~ able to a yo~ TV ~ a~c ¢on~ol, aa ~i~ llot r,c~ o~ ~nv~rl~r ~x. ~IO~v I~itt a ~onvc~er box i8 no longcr nqm~d, you ~ve ~v~fl options: ! ) Y'ou may elect to keep yax~ ~ ¢onve~u ~>x ~ottt a money d~ge by su~s~b~g to a~e of o~ vak~-pric~ prom:iron services include, t~O, C~e/na.~ $ho~e m~d The Movie Cha¢l. We ~e c~tty offer~ a s~eiat p~motkmal after on TIn Movie Chm~l for ~e pf4~ of only $?..00 ~r monax ~be nine mon~s. At a,e ~ of ~is rune monm ~n~ yo~ rate for this pckage ~11 ~ autotm:i~ly adj~ to $6.~ for ~ atio~l ~¢e moa~ at ~xch trine it ~ilt ~ to otw =cgular pnee at' 2) You may et~t to k~p yOt~ ~nx'ct~er box v.'iC-t yo~ ~si~ oily ~tce. It h~ lo~ ~a Mm~ C~bk'qtsioas I~l[~y of not c~xgmg proann sub~rs a ctmve~e m~t~ f~ For ~e t~st c~v~ex b>~ hoover a con~'eaer f~taX [~x &Ca apply to b~sic only ~nh~rih~. lfyou el~t t~ k~p yo~r conyoffer ~x, ~e6ve en yox~ Jaxxaa~ b[R ~u ~411 k el~'$~ u S~.~ too, flay conv~r fenlal fee ~r ~x. By keep~g ~e ~nv~er ~x, ~u ~ sail ~a~e scess ~o a ~iae ~ay oF Pay-Per- View amyits and ev~t8 at ~x~ ~ tips. 3) Yo~t may rct~ )~ conw~er ~x ~'~ ~$~ 15 1995 m~a ~ 1, 1996 ~ ei~r of am o~ee a~D ~ I hllnv~rk- Parlay or 16~ F~dtl Blvd S~te 120 sm~ ~mafli~, CA 92407 Raacho Cucao~ CA 91730 lf~'ou ere ~mabtc to rctm~ ~e conven~ ~x to o;u' o~, we ~ill gladly ~M a sem~a~ to pick it up. Plea~ all o~ o~ to se~dule a ~ addirma m '~e ~sney Char, hal, ~ ~ill ~ ~ ad~ Tae CIvic Movi~ flus x;iat~ to o~w ~0 ~p. T~ner's ranvie 1ibTa~T i~ an mtm~ cMloelj.on of all yo~ ~x'ofite old ~e n~6e~ ap~t'm8 FREEW ~rks CableVision s~ivc$ to ~ovMe ~ble televisi~ ~t-viee at ~e mos~ ~abk r~ ~s~bl¢, ~hile at ~ a¢ t~e delivct~ U~c q~ty pr~r~$g ~d ~ ~at o~ c~t~mrs e~t. ~e¢~i~ogy, eah~cemen~ In ~lom~ sea. ~d o~ d~ca~ to 1~ auoa, as well as ~ a~ztta: ot qu~xty programrag. ottr system x~ill ~ adjust~g ra~s for ~si¢ s~i~ effusive ~ yo~ la~ bill. ~ Ju$1.1~6 Vae ~ic Cable S25 60 $28.10 F~st Con~c,~¢r Box Cna~ge N/A $1.~ ~.~ (Should yfm d~i& to keep yo~w ~nveaer ~x ~out a ~atm ~-tce) Ac~ordix~g to a meat rate com~i~a sm'~' ~m n~.y cable com~e~ Onta~io and Upland. Marks C$1eVision ecsks less for a c~m'$1e ~s~c ~c. kege ittcludl:tR D~.$B~' ~mon~ ~Ic pro~idms more baste chmmel~ ~ $y ~e ,u~o,~gr, rmc mc~a~s t, re never ~3, and we uua~a ~t ~exe i~ ~sx~t~al ~o$iuou for )~ cnt~ztmcnt doH~, we ~lieve a~m o~ ~ct is still the l~st all-m~md value ~ Sj.ncctcly! Tim K.glen' gellocal Mr, anger CITY OF RANCHO CUCAMONGA STAFF lIEPORT DATE: TO: FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Co' .ncil Jack Lam, AICP, City anager ,- LEAGUE POLICY COMMITTEE APPOINTMENTS - 1996 RECOMMENDATION The City Council consider selecting one or more representatives to serve on the State League Policy Committes for 1996. BACKGROUND We have received correspondence from the President of the Inland Empire Division, League of California Cities, advising us there are several Inland Empire Division appointments open on the State League Policy Committees. Please review the attached correspondence for details on the selection process and the time commitment involved if you are selected to serve on a Policy Committee. Applications will be accepted from more than one elected official per individual City. Currently, Councilmembers Curatalo and Williams are the Council representatives to the Inland Empire Division, League of California Cities. If the City Council wishes to submit names for the State League Policy Committee, it should do so. If you have any questions, please let me know. Respectfully submitted, Jack Lam, AICP City Manager JL/dja Attachment League of California Cities Inland Empire Division October 27, 1995 p, ECEWED CiTY OF p, ANCHO CUCAMONGA ADMtNIS'TRATtON Nov - 6 1995 7,8,9,1 0,1 1,1 2,1,2,3,4,5,6 Member CIties Banning Beaumont Blythe Calirneso Conyon take Cameclrol CIty Chlno Chino HIlls C<:x3chelk3 Colton Corotx3 ' Desert Hot Fontano Grond Tefface Hernet Highlend Indian Wells Indio La Quinto Lake F.~e Lomo Undo MQntCkalr Moreno Valley Mumeta Norco Ontc~lo Palm Desert Pen~ Ranclio Cucamong~ Rancho MIrage ~edlonds Rlalto RIverside Son Bemardino Son Jaclnto Temecula Upland Yucoll:x3 TO: FROM: SUBJECT: MEMBERS OF THE INLAND EMPIRE DIVISION PRESIDENT MICHAEL G. WICKMAN LEAGUE POLICY COMMITTEE APPOINTMENTS-- 1996 As you may know, at the recem Annual League of California Cities Conference held ixi San Francisco, the General Assembly voted to approve the separation or Riverside County cities from the Inland Empire Division. Additionally, the General Assembly adopted a resolution giving League Divisions two representa- tives per Policy Committee. As a consequence, there are several Inland Empire Division appointments open on the State League Policy Committees. As your President, I have the privilege to appoint two representatives to each of the League's eight Policy Committees. These representatives play an integral role on the Committees by providing subject matter expertise to the Committees and by providing information back to Divisions on Committee activities. Attached for your information is a list.of the Policy Committees and their respective areas of responsibilities. Service on a Committee requires a commitment to attend a majority of the four meetings a year and to absorb travel expenses (normally paid by respective city). The one-day Committee meetings alternate between the northern and southern parts of the State and are held on Thursdays and Fridayi, with four Committees meeting each day. You may serve on more than one Committee, but be sure you note the meeting day of each Committee on the enclosed Schedule in order to avoid a conliict. Enclosed for your information is a list of tentative Committee meeting dates scheduled in 1996. With few exceptions, our attendance record in the past has been rather dismal. I am seeking volunteers to represent the newly constituted Inland Empire Divisi6n at the State League level who are interested in serving on a Committee and Who will make the time to do so. Active participation on these Committees is important to all of us, since it is through these Committees that League Policy is formulated. Applications will be accepted from more than one elected official per individual City. (OVER) Inland Empire Division -2- October 27, 1995 Please prioritize by preference the Committees (one being your first preference) on the enclosed form on which you have an interest to serve, and sign and remm it to me by Monday. November 13. 1995. Enclosures, 3 Administrative Services LEAGUE POLICY COMMITTEES Subject Area Responsibilities This committee deals with administrative activities including election law and administration, insurance, tort reform. The committee's scope of activities also includes efficiency and internal organizational structure and administration, the Fair Political Practices Act, the Brown Act, Public Records and tobacco control. Community Services This committee is concerned with the administration of parks and recreation programs, human services and cultural activities, libraries and the planning and coordination of human services. F, allgloyee Relation.q This committee is involved with the many facets of personnel administration, including employee relations, retirement and workers' compensation issues. F, nvironmental Quality Concemed with all aspects of air, water, solid waste, hazardous materials, noise pollution, shoreline land use as well as problems relating to the supply and distribution of domestic water. In addition, the committee is concerned with ~:-,. problems and policies, ieiaii~g to ~e supply and di~a-ibu~on of domestic water, tidelands, and energy. Housing. Community and Economic Development Responsible for building regulations and code enforcement, community development, urban renewal, housing, planning, zoning, incorporation, annexation and redevelopment. Public Safety Concerns include fire protection, law enforcement, disaster preparedness and communications. Revenue and Taxation Committee is responsible for: finance administration, taxation reform, revenue needs and revenue sources at the federal, state and local levels. Transl:~ortation and Public Work.q Concerned with all aspects of public works and tmmportation including air, bus, automobile,. mass transit and telecommtmications. /7/ LEAGUE OF CALIFORNIA CITIES PRELIMINARY SCHEDULE OF 1996 POLICY COMMITTEE MEETINGS The dates and tentative locales for the 1996 Policy Committee meetings are listed below. Committee meetings generally begin at 10:00 a.m. and end by 3:00 p.m. A revised calendar specifying the locations will be issued at a later date. Thursday. January 11.1996 Administrative Services Community Services Environmental Quality Transportation and Public Works Thursday, March 28, 1996 Thursday. June 20. 1996 Thursday. September 5. 1996 JANUARY 11-12. 1996 Northern California Friday. January 12. 1996 Employee Relations Housing, Community and Economic Development Public Safety Revenue and Taxation MARCIt 28-29, 1996 Southem Califomia Friday. March 29, 1996 JUNE 20-21. 1996 Northern California Friday, June 21.1996 SEPTEMBER 5 -6, 1996 Southern California Friday, September 6, 1996 ANNUAL CONFERENCE Anaheim Saturday. October 12. 1996 DATE: TO.' FROM: SUBJECT: December 6, 1995 Mayor and Members of the City Council Duane A. Baker, Assistant to the City Manager CABLE COMPLAINT FROM MR. BRAYMER Mr. Michael Braymer, who lives at 7730 Hyssop, called to say he can't be at tonights meeting. He wanted to express his opposition in the strongest possible terms the proposed rate increase by Marks CableVision. Mr. Braymer wants Marks to be replaced as the cable company serving the City. E:,EC-O 1 - 1995 11: 58 WhiNemore Enterprises, Inc. 11149 A~row Route Rancho Cucamonga. Callfor~lla 91730 PH.. 909/980-2452 800/999-2452 P.Ell November 30, 1995 Dear: Rancho Cucamonga Ciny'.Council, We have been a neighbor o~ the U.S. Indoor Soccer Academy for one year and there has never been a problem with the facility or manag'ement. We have also registered a soccer team consisting of emptoyees'.~called "Gol,Cape'~ that plays at the indoor soccer academy. It has come to our artenrich that "Kicker's Grill" is under consideration for a modification to conditional use permit 94-09. We feel .Kicker's Grill" will enhance tiie facility and make i.t a ~nore pleasant place to brin9 tlle family and experience the game of soccer. we support the emergerice of "Kicker's Grill" into this business cormnunity. Sincerely, Bill Whittemore, presidex~t CITY OF RANCHO CUCAMONGA ' MEMORANDUM DATE: December 5, 1995 TO: FROM: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager AGENDA FOR DECEMBER 6, 1995 - APPROVAL OF A LEASE AGREEMENT BETWEEN THE JOSEPH FILIPPI VINTAGE CO., INC., AND THE CITY OF RANCHO CUCAMONGA FOR THE LEASE OF TEN ACRES OF VINEYARD ON THE CENTRAL PARK SITE AND AN AMENDMENT TO THE LAND PURCHASE FOR CENTRAL PARK SITE WITH THE LEWIS DEVELOPMENT COMPANY AND ROSEBUD CONSTRUCTION COMPANY, INC. Please remove from the Consent Calendar item D-11, Approval of a Lease Agreement Between the Joseph Filippi Vintage Co., Inc., and the City of Rancho Cucamonga... at the request of the applicant, Joseph Filippi Vintage Co. WJO:dlw