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HomeMy WebLinkAbout1990/12/19 - Agenda PacketCITY COUNCIL AGENDA C1TY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. December 19,1990 Civic Center Council Chambers 10500 Civic Center Drive p. :.^.~}:D C:i:,u.i,wagu, vaLiutwa ytv~iu •M} city CounCllmembere Dennis L. Stout, Mayor William J. Alexander, Couui7member Charles J. Buquet, Councilmember Diane Williams, Coanci7mem(xr Pamela J. Wright, Counoilmemlxr •t• Jack Lem, CUy Manager James L. Markman, City Attorney Debra J. Adams, Ctty Clerk City 016ce: 989.1851 PA Cify Council Aqenda ~~ n Oecamber 19, 1990 I All iiue aubmikked for the CLtp Comeil Aqenda must he is writing. The deadline for submitting tbeee items la Se00 p.a. on the Nadae sdap prior to kbe warring. The City Clerk's Officm receives all each irons. A. CALL Tn oanwe I. Ro11 Call: Ruquet _, Alexander _, Stout _, Nilliama _, and Nright A ARROONC61~Pf8/PRRSmiT'ATIOIIS ~, COamORIGTfON6 PROM TR6 PPar.IC Tbis is the tine and place fos the general public to addrus the Cltp Comcil. State law prohibit !be City comcil from addreatioq nap iswe not previously included oa kbe Aqenda. The city Comeil way reeei.e tutfaoap and net the mater foe a aubsequaat wwtiag. Cowat are to M Bailed to five minutes per individual. The following Cnneen! CRlaadar ikas are expected to be routine and non-coatrovsrsial. Thep will be acted upon by tAe Council st one Liu without disauuion. Anp iku may M rewvsd by • Comcilmembes or member of the audience for discuuioa. 1. Approvnl of Mlnuteei November 21, 1990 December 3, 1990 2. Approval of Nerrante, Register Noe. 12/05/90 end 1 12/12/901 aril Payroll ending 12/06/90 for the total amount of $1.,437,021.83. 3. Apnrovat ~n receive and file c want :nvreiment 6cheduia 11 as of November 30, 1990. 4. Approval of .innitorial Contract (C0 90-156) for City 17 Pncllities. 5. Approval to eu.rplu^ vehicles. 40 P city council Agenda ~ i. Oecambar 19, 1990 ~ 2 6. Approval to execute Local Agency - stab Heeler 41 Agreement No. STLPP-5420 (CO 90-155) between the City of Rancho Cucamonga and the State of California, for Application o! Stall Share Punch for eligible projecb for the statrLOCal Traneportatlon Partnership 8rogrem ae defined Dy TDe Ststa of California. RESOLUTION NO. 90-469 42 A RESOLUTION OP TNB CITY COUNCIL OF THB CITY OF RANCHO CUCANONGA, CALIFORNIA, AUTHORISING THE APPROVAL AND EXECUTION OP THP LOCAL AG&NCY - STATH MASTER AGR%EMENT NO. STLPP- 5620 0ETW%%N T[Di CITY Ol RANCHO CO:AMONGA AND THE STATE OB CALIFORNIA POR TH8 APPLICATION OF STATE SHAA6 PUNDB POA %LIGIBLB PAOJECfS POA THE STAIR-LOC11T. TRANSPORTATION PARTNERSHIP PROGRAM AS DEPIN60 SY THE STATE Ov CALIFORNIA 7. Approval to execute Program Supplement No. 1 to Local 43 Agency - State Neater Agreement No. STLPP-5420 (W 90- 156) for the State-Local TranepDrtetlon Partnership Program between the City of Mnaho Cucaawngs and the Stets of California for the construction of Arrow Route - Archibald Avenue to Heraasa Avenue ccmaLSting of Street wlOananq, xraiiic oiyuwi m.v e. Lly`.t L:.y. Tha supplement sere tAe Stara relmDUraeble portion of the project at $103,638.00 and the City's portion at $403,902.00. RelmbursaDla funding frwa Cho Supplement Agreement shall W deposi[ad to Syeteme Development Account. 44 RESOLUTION NO. 90-470 A AESOLVTION OP THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AUTHORISING TH6 EXECUTION AND SIGNING OF PAOOIUM SUYPLEIQNT No. 1 TO LOCAL AGENCY - STATE MASTER AGR86MENT NO. 9TLPP-5420 POA TNS STATE-LOCAL TAANSPOATATION PARTNERSHIP --rROGRAH FOR iNi COMFLETEC CONSTRUCTION OF ARROW ROUTE, ARCNIBALD AVENUE TO HEREOSA AVENUB PA ~r City Council Agande ~ December 19, 1990 3 6. Approval to execute Program supplement No. 2 to Local 45 Agency - State Master Agreament No. STLPP-5440 (CO 90- 157) for the State-Local Tsanaportatlon Partnarahip Program between the City o£ Rancho Cucamonga and the State of California for the widening of Arrow Rout east of Hermosa Avonue to Haven Avenue. The eupplaeient ub the State reimbursable portion of the project at 536,796.00 and the City~• portion nt $413,766.00 with the provlclon to increase the City•e portion should the need arise. RalmburaaDle funding from the Supplement Agreement shall be deposited to the Syeteme Development Account. 46 RESOLUTION NO. 90-471 A ABSOLUTION OP TFOC CI TX COVNCIL OB TH8 CITY OF AANCHG CUCANONGA, CALIFORNIA, AUTHORISING TFRS BXSCOTION AND SIGHING OB TNH PROGRAM SUPPLEMENT NO. 2 TO LOCAL AGENCY - STATE MASTER AGREElD;NT NO. STLPP-5440 POR 1TIE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGIUM POR THH NID8NIN0 08 ARAON ROUTE, EAST OP HEAMOSA AVBNUB TO HAVEN AVENUE 9. Approval io exacuts Cooperative Agresarnt (CO 90-158) 47 with the city of Ontario for the auintenance of storm urein rmprovamenv, relate0 to iM Oty Creek Channel Project, on Fourth 9Lrset fras Intsrstste Route 15 to a point approximately 500 tact east of Santa Anita Avenue. This agrssment aria forth the righi• and reaponaibillt lea pertaining to the maintenance of these facillt ies with no exohange of funds Wing necaeeary. 10. Approval to exacuis Supplement doted November 15, 1990, 53 to the coat and MaLnNnancs Agreement (cro 90-053) between tAs City of Rancho Cucamgnga end the Atchison, Topeka and Santa 8a Railway Company for the proposed Milliken Avenue Grade Separation at the A.T. a S.P. Railway Orcasinq deslgnsted PUC No. 4-95.68 north of Sixth Street. ... Approval 'o axe~u_. a Subordination Agreement for Lot 54 19 cE Tract 7176, located at H406 Orchard Street, submitted by Clan C. and Gillian P. McMillin. PA ~j ~ TA City Council Agenda (~ December 19, 1990 V 4 RBSOtuxloN No. 90-472 56 A ABSOLUTION OP THS CITY COONCIL OP THB CITY OP RANCHO CVCAMONGA, CALIPOANIA, APPROVING A SUBORDINATION AGAEEl~NT PROM GLEN C. AND GILLIAN P. MC NZLLIN AND AUTNORITING TIB MAYOR AND CITY CLER% 1b SIGN SAHB 12. Approval of Hap, and Ordering the Annexation to 61 Landscape Maintenance Diairict No. 3 and Street ;!gating Maintenance District Noe. 1 and 6 fo[ Parcel Ma? 12338, located at tae northwest corner of Eta street and Buffalo Avenue, submitted by %enaley-Buffalo Slk, Ltd. RRSOLUTION NO. 90-473 62 A RBSOLUTION OP TNH CITY COUNCIL OP TH@ CITY OP RANCHO CUCAMONCA, CALIFORNIA, APPROVING PARCEL MAP NUMBBR 12338 ABSOLUTION NO. 90-474 69 A RESOLUTION OP TRB CITY COVNCIL OP TI$ CITI' OP PABCNO CUCAMONGA, GLIFOANIA, ORDERING' THE ANNEXATION OP CERTAIN TERRITORY TC LANDSGPE MAINTENANCE DISTRICT N0. 3 AND ~••~+ Brie enan'aaaaaVa U19TRICf NOS, 1 • V AND 4 POR PARCBL NAP 12338 13. Approval to axecu[e Improvement Agreement Extenel~~n for 66 Tract 12462 located on the south aide of Summit !,venue between Etlwande Avenue and Eaat Avenue, submitted by Piret Family Homes. RESOLUTION NO. 90-475 69 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OP AANCNO CUCAMONOA, CALI-OANIA, APPROVING IMPROVSlBNT AOREBMENT E%TENSION AND IMPROVEMENT 9ECVRITY POA TRACE 12462 Id. Approval !O execute Imprave4~ent AyreaaNnt Exisnaion fo[ %~ Tract 13063, located on the seat side a[ Eaat Avenue betweon Nlghland Avmus end Victoria Street, submit tad by Cltntlon Builders. p City council Agenda [ . ~'(~ December 19, 1990 5 RBS0LVTION NO. 90-476 72 A ABSOLUTION OF TfB CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING IMPROVSMENT AOREEMSNT BXTSNSI0N AND IMPROVEMENT SECURITY POA TIU\CT 130113 15. Approval to execute Improvement Agreement Hxteneion foz 73 Tract 13304, located on the northwat earner of Terra Vista Parkway and Mountain View Drive, euDmitted by Lewis Homes. RESOLUTION NO. 90-477 JS A RESOLUTION OP THE CITY COUNCIL OP 1'f D/ CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGRHHMHHT HXTENSION AND IHPROVEMENT SECURITY POA TMCT 13304 16. Approval to execute Improvement Agreement L':tension fot 76 Tract 33566-1, located on the south aide of Summit Avenue between Hardman Bullock Rond and Cherry Avenue, eubmittetl by Rockfield Development. ABSOLUTION NO. 90-478 ~8 A RHSOLUTION OP TAR ~`*mv m•q..._ O, ..... -- r OF RANCHO CVCAMONOA, CALIFORNIA, APPROVING IMPAOVBMHNT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POA TRACT 13566-:. 17. Approval to execute Improvement Agreement Hxtenaion for J9 Tzact 13662, located on the eoutheaat corner of Haven Avenue and eaee Lina Aoad, aubmltted by Leaiu Homea. RESOLUTION NO. 90-479 $1 A R830LUTION OF TNB CITY COUNCIL OP TNB CITY OF RAICHO CUCAMONCA, CALIFORNIA, APPA0{rIN0 IMPROVEMENT AOAHEMERT E%TENSION AHD IMPROVEMENT SECURITY POR TRACP 13662 1S. Approval to execute Improvement Agreement gxteneion for E2 DR 88-32 Phase 2, located on the south side of Hyeaop Drive north of 4th street, aubmltted Dy Hyuop Propert lea. PA ~~ City Council Agenda ~ December 19, 3990 6 R830LUTION NO. 90-450 84 A ASSOLUT ION OP THS CITY COUNCIL OP THS CITY OP RANCHO CVCAMONGA, CALIFORNIA, APPROVING ZHPROVBMENT AGRESYSNT EXTENSION AND IMPAOVENENT SECURITY POR DA 88-32 PHASE 2 19. Approval to execute Improvement Agreement Extension for 85 Parcel Mnp 11341, located on the northeast corner of Church Street and Milliken Avenus~ eubmiited by Lewla Developnwnt Company. 87 R850LUTION NO. 90-451 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OB RANCHO CVCAMONGA, CALIFORNIA, APPROVING INPROVEMBNT AOABE[gNT EXTENSION AND IHPAOVEMBNT SECURITY POR PARCEL NAP 11341 20. Approval to execute Improveaeni Agreement Extension for ~ Parcel Mep 31655, located on Devon Street et Rlnlock Avenuer submitted by Janes O•Er!en. 90 RESOLUTION NO. 90-452 A A830LUTION OP THE CETY COUNCZL OF TNB CITY vi :vwi~ww uut~wwm.e~ u,u.ifUnaart, arrRUYInO IMPROVEMENT AGASElBNT EXTENSION AND IMPROVEMENT SECURITY POA PARCEL MAP 11655 21. App:ovel to execute Improvement Agreement Extension for 91 6737 East Avenue, located on Saet Avenue between Beee Line Road and Victoria Street, submitted by cereld Ressler. RESOLUTION NO. 90-483 94 A RESOLUTION OP THE CITY COUNCIL OF TH% CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING INPROVBI~NT AOREElDiNT E%TENBION AND IMPAOVEl~NT SECURITY POR 6737 BAST AVENUE 22. Approval to accep[ Improvertente, Release of Bonds and 98 Notice o£ Completion foc Traci 9441 end Tract 11609 located an the south Bids of MSLOn Awnue between Hermosa AvsnW and villa Driw. PA City Council Agenda ~~ ~ December 19, 1990 7 Roleaee: Phaa Pa ithful Performance eontl $141,700.00 Labor and MaLerlal Bond $ 70,850.00 Phase 2 Faithful Performance Bond $148,200.00 Labor and Mnterinl Bond $ 74,100.00 Phase 3 'a ithful PerformenCO Bond $252,400.00 i:abor end Material Bond $126,200.00 %I1z«g 4 F'a ithful Performance Bond $ 90,200.00 Labor and Material Bond $ 65,100.00 RESOLVTION NO. 90-484 9~ A RESOLUTION OF TF~ CITY COVNCIL OP THB CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TFffi PUBLIC IHPROV&MHNTS POR TRACTS 9441 AND 13609 ANO AVTROAIEING THE FILING OP A NOTICE OF COMPLETION POR THE WORE -... :,yy....u: L ..eyL imPwvnuauae, nn innee or aenca an0 nn "' Notice of Completion for Tract 11428, locatetl on the east elde of Center Avenue at Ashford Street. Release: Faithful Performance Hood (Street) $ 81,860.00 AcceFt: Maintenance Guarantee Bond )Siraet) $ 8,186.00 RESOLUTION NO. 90-685 99 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCANONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS POR TRACT 31428 AND ArrmuORItINC THE FILING GF n HGT-a Cfi OP COMPLETION FOR TH8 MORE 24. Approv;:l Lo accept Improveawnte, Releees of Bands sod 100 Notice of Completion for Trect 1]442, locabd on the northea et corner of Victoria Park Lane and Kenyon Wey. PA City Council Agenda ~~ ^ December 19, 1990 `~ 8 Release: Faithful Peitormance Bond (Street) $612,000.00 Accept: Maintenance Guarantee Bond (Street) $ 61,400.00 RESOLUTION NO. 90-436 ill A RESOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TEDi PUBLIC IMPROVEMENTS POA TRACT 13642 ANO AVTNOAIZING TRS FILING OP A NOTICH OF COMPLETION POR TNB WORK 25. Approval to accept Improvements, Aeleaae of Ronde and 102 Notice of Completion for CUP 87-86, located on the northeast corner of Foothill Boulevard and Vineyard Avenue. Release: Faithful peitormance Bond (Street) $951,000.00 Faithful Performance Bond $793,000.00 (Storm Drain) ABSOLUTION NO. 90-487 1~3 A RESOLUTION OP TBE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS tOR CUP 87-26 AND AUTHORISING THE PILING OF A NOTICE OF COMPLETION POA TN8 WORK 26. Approval to accept Improvements, Release of Bonda and 104 Not lcs of Camplet ion for DA 85-34, located on the north aide of Civic Center Drive east of Utica Avenue. Releau: Faithful Performance Bond (Street) $ 8,500.00 RESOLVTION NO. 90-483 105 A RESOLUTION OF THE CITY CO[INCZL OF 1718 CITY OP RANCHO CUCAMONOA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTB FOA DR BS-32 AND AUTHORISING THE PILING OP A NOTICE O- ' COMPLETION PoR THE NOAIC p 1 ~Y! (_,(E~~ City council Agenda Oaeember 19, 1990 9 27. Approval to release Maintenance Bond for TtaCt 13742, 106 located on the eouthwet corner of Arrow Highway and Sierra Madre Avenu9. Release: Maintenance cuerantes Hond S 7,600.00 28. Approval to accept the Area V Hillside Road Storm Drain, 10) from Archibald Avenue to the Alta Lama Chsnnel, Contract 90-002, e• epnplste, rslaeee the bonds and authorize the City Engineer to file a ^NOtice of Completion". ABSOLUTION NO. 90-489 108 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TNB PUBLIC IMPROVEMENTS FOR THE AABA V HILLSIDE ROAD STORM DAMN, FROH AACHI BALD AVENUB TO THB ALTA LOMA CHANNEL, CONTRACT NO. 90-002, AND AOTNORIEING TNB PILING OF A NOTICH OP COMPLETION FOR THE WDAE 29. Approval to accept the 19th Street Improvements, from 109 carnelian street to the wet City limits, Contract 4D- 048, as complete, releue tM bonds end authorize tM City Snginear to file a "Notice of Completion". 110 RESOLDTION N0. 90-490 A RESOLUTION OF THB CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCBPTING THE PUBLIC IMPROVEMENTS FOR 19TH STREET IMPROVEMENTS, PROM CAPNELIAN STREET TO THB WEST CITY LIMITS, CONTRACT NO. 90-046, AND AVTNORIEINO THE FILING OF A NOTICE OF COMPLBTION FOR TNB WORT( 30. Approval to accept tM Arrow Route Street Improye:nenb, 111 from Center Avenue to Haven Avsnus, Contract 90-083, as completer release the bonds and authorize the City Engineer to file n ^NOtlce of Completion". PA City Council Agenda ~~ ~ December 19, 1990 10 112 PESOLUTION NO. 90-491 A RESOLUTION OP TNS CITY COUNCIL OF TH6 CITY OF RANCHO CUCAHONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TFI1; ARROW ROUTE STREET INPAOVEMBNTS, FROM CBNTER AVENUE TO HAVEN A•18NVE, CONTRACT NO. 90-OG3, AND AVTNORI ZING TH6 PILING OP A NOTICE OP COMPLETION POA THB NORA 31. Approval to accept the Cucamonga elementary school Field 113 Improvements Project, Contract No. 90-095, and authorizing the filing of a "Notice of Completion". 114 RESOLUTION NO. 90-492 A RESOLVTION OF THB CITY COUNCIL OP THB CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THB PUBLIC IMPAOVHMBNTS POR TXE CUCAMONGA ELEMENTARY SCHOOL FIELD INPROVEIUSNT3 PROJECT AND AVTNORIZINC TlOI PILING OF A NOTICE OF COMPLETION POA TF@ WORI( 6. CONeQPT ORDINANCE' Q Luv iU HY4 LYtJ VLYLYiYCwi sere aaY pYYLiC uva range aL Lne tlwe of first reading. Second readings are •:pseted to be routine and noo-controversial. Thq rill be acted upon Dp the Council at oas tiw without diacuuion. The CLEp Clerk will read the title. Anp items can be revved for discussion. No Items Submitted. F. ADVERTISED PVELIC HEARINOB The following itas haw been advertised aed/or posted •• public hearinga a required Dp law. The Laair will open the eeeting to sweive public Leatiswap. 1, CONSIDERATION OP AN APPBAL OP CONDITIONAL H9R PRRMTT IR- 115 "ug`iGM^7T - ^AM•$ FLAC^ - AY eppeai YI Ehv 2i an ning Commiaelon'e declaion to extend the hours of operation for nn existing bar and reatnurent located ai the northwest corner of Cnrnellen end 19th Street in the Neighborhood Commercial Dletrict - APNt 201-811-56, 58, 59, 60. (COOllaued free Dseenber S, 1990) PA E City Council Agenda ~ ~ ~ December 19, 1990 11 2. CONSI DSRATION OP TIMFS MIIt OR•S APP I ATION FOR A P 140 TELEVISION vv>NCHISS (COAtiaued from DeceaMr S, 1990) R890LUTION NO. 90-693 143 A R88OLVTION OP THS CITY COUNCIL OP TF~ CITY OP RANCHO CVCANONCAr CRLIFOANSA, GAGING A CABLE TELSVISICiN FAANCN ISB 20 TIMES MIRROR CABLE TELEVISION OF RIVBASIDB COVNTY, INCORPOMTBD, DHA DIIffiNSION CABLE SERVICES O. POBLIC REARINOS The following itgs have ao legal publication or posting requi;•eaeate. The Cbair will open the acting to reeei~e publi, Gstfaoap. No Itt me Submitted. B. CITY MANAOER'E BTAP- vevmm~e The Er llowiag itge do not legally require avp public iastia. np, eltbough the Chair op open the aeetiag for public input. 1. $~'(NSIDERATION TO AMEND Pt O IN C6 BY ~ 184 $I OVISION AEOUIRING PAY NT POR PUSS CO TSCN RvlcEs 7• ~ ~SSION qF PROPOSED ACTION P!>N POR OAY LABORER ISSVr SS9 3. 51~iATE REPORT ON THB S BSRNARDINO COUNTY PARR ANO OP f 195 §P1 CB DISTRICT PARTICIPATION PAOCEDV P d. ~[.'aZDERATION OP AGVggILNT fC0 90 1591 BS SN THS ITY 211 p~ R>NCHO C^J • N A wD TH6 WS IA YON COMPA_.Y pQ$:AINING TO P>vE DEV6 PENT F66 WITHIN THB VICTOPIA ~~~NSD COMMVN ITY I. COUNCIL lVSINEaa The follm lag lips have been requsetsd by the Citp Council !or dLCm sig. Thep ere voL public hearing 1lga, although the Chair up opaa the Netiaq for public LapuL. p r ,~ C1ty Cooncil Agonda Y'~~,1 ~ ^ DeceNGr 19, 1990 12 1. N RECREATION COMMISSION (Oral AePor't) 2. REPORT ON CpOICB9 Y0DT9 SERVICES PROGMN ZPO 3. £OLLO37-UP REPORT ON SYCAMORE MOBILE pOME PAP}( (Oral Report ) yI. IDEMtIfICAT10N O~ ITA/8 fOR NEM MEETIAO Thin i• the Liu for Cit7 Comcil to identify the 1lwa Lhay wish to diaeus• at the aert luting. Tbau itae will aoi be diacuned at this acting, mly idaotifiad for the aert nesting. R. CO!lNNICATIONI fAOx TAl PUBLIC Thin is the lSae and platy for the gaural public !o addrsu the City Council. BtaG law pmhibila the City Comcil fru addraasiag any iuue not Dre.ioaaly llclWad m the Agenda. The City Comcil uy ruaiee laatlwoy sad eat the attar Yor subaequeat acting. Ca~eaU era Lo W liaited to tiYa ~...usva yer iaoaraaaaa. L. aDJWRNIRIPl xeExlxo To ADJOVAx Tn esschxx9! al/aiox TD DIeCVe/ eE11Dix0 LITIOATIOx xITB MAATI ~flIAPAIEEI, IMCOAPOAATED. I, Debce J. Adams, city Clark of the Clty of RenchO Cucaaanga, hereby certify that a true, accurate copy of the foregoing agenda wan poetad on December 14, 1990, seventy-two (74) hours prior to the meet inq per Guwrnmant Cods 50953 et 10500 Civic Center Drive. November 23, 1990 CITY OF RANCHO CUCAHONGA CITY COUNCIL MINUTEE Rewlar Heetinc A. CALL TO ORDER A regular meeting of the Rancho Cucamonga Clty Council mat on Wednesday, November 21, 1990, in the Council Chambers of the Civic Center, located at 10500 civic Censer Drive, Aancho Cucamonga, California. The meeting was car led to ortlaY at 7:29 p.m. 6y Mayor Dennis L. Stout. Pree¢nt were Councilmembere: William J. Alexander, Deborah N. Brown, Char lee J. Buquet II, Pamela J. Wright, and Hayoz Denni9 L. 6tout. Also present were: Jack Lam, Clty Manager; James Mar]m:an, City Attorney; Linda • Daniel e, Deputy Clty Nanager; Jerry Fulwood, Deputy City Manager; Rick Gomez, Community Development Director; Olen Jones, Sr. RDA Analyst; Brad Huller, City Planner; Peul Aougeau, Trnffic Engineer; Rob art 2atterberq, Public Works Maintenance Manager; Dsn James, St. Civil Bng:.neer; Joe Schultz, Community Services Director; Jim Hart, Administrative Ss.'vicea Director; Duane Baker, A893etAnt h0 fhn Olhv MAn mu~~ nt__.~n _ _,___ ~_ „~„ ,,,,,,lf ei u Mickey, Management Analyei I; Patty Riffel, Exec ut iva`Aeaietant; Chief Dannia Michael, Aancho Cucamonga Fire Protection District; Capt. Bruce feiner, Rancho Cucamonga Police Department; and Debra J. Adams, city Cleri;. w . x . . B. AHNOVNC6M6MPS/PR68RJT71TIONg B1, Presentation of Proclamation to School Dietl Lets for 1:heir Participation Ln the Joint Uee/Development Agreements for Common Pacil itiers. Mayor Stout made the presentations to the Cucamonga School Di.etrict end Chaffey Joint Union High School District for their pexticipat ion in the Joint Uea/ Development Agreements for Common Facllitiee. Councilmember Brown commended Ouane Baker, Aeeiatant to the City Manager, far hie work on this project. • + r • • : ® C COIOfUMIGTIOHB -ROM TRB PIJBj,IC No communication wee made trom the public. City Council Niautea November 21, 1990 Page 2 D. CON$BNT CALENDAR D3. Approval of Minutes: October 17, 1990 D2. Approval of Warrant e, Register Noe. 13/7/90 and 11/14/90; and Payroll ending 10/25/90 and 11/8/90 for the tctal amount of 52,190,03&.09. D3. Approval to ra~aive and file currant investment Schedule ae of October 31, 1990. D4. Approval to authorize the advertising of the ^NOtice Inviting Bida" for the Monte Vista Median Improvement Project, located east of Eastwood Avenue to be funded from Beautification Fund, Account No. 21-4647-8932. RESOLUTION NO. 90-d37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THS "MONT$ VISTA STREET MEDIAN IMPROVSM6NT PROJECT", IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERIC TO ADVERTISE TO RECEZVE BIDS D5. Approval of 8nvironmental Enhancement and Mitigation Program Grant. • RESOLVTZON MO. 90-438 A RESOLUTION OP TNB CITY COUNCIL OP THS CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING THE APPT.TI!ATTnN vno n._..,_ FUNDS FOA TH8 ENVIRONMENTAL BNHANCEHENT AND HITIGATION PROGRAM UNDER THE SECTION 164.56 OP THS STREETS AND HIGHWAYS CODE 1989 FOR THB FOLLOWING PROJECT D6. Approval of Environmental Assessment and Tentative Tract 14192 - Hix Development - Submittal of a Resolution confirming a City Council decision made on November 7, 1990, for en appenl of Planning Commission Conditions for a proposed residential subdivision of 65 single family lots on 19.7 acres of land located south of 19th Street between Hellman Avenue and Amethyst Street in the Low Residential District - APN 202-Ofi1-12, 14, 40, and 40. RESOLUTION NO. 90-439 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALZFOANZA, APPROVING A TENTATIVE TRACT MAP, N~1M8EA 141Y2, TO PERMIT A RSSIDBNTIAL 9UBOIVISI0N OF 65 SINGLE FAMILY LOTS ON 19.7 ACRE9 OF LNND LOCATPD SOUTH of 19TH STREET EETWEEN HELLHAN AVENUE AND AMETHYST STREET IN THB LOW RESIDENTIAL DISTRICT AND HARING FINDINGS IN SUPPORT THERBOP D7. Approval of Summery Vacation of en unused Clty vehicular Acceea Easement located asst of Milliken Avenue, south of Sixth street. City Council Minutes November 21r 1990 Page 3 I U RESOLUTION NO. 90-640 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A CITY VEHICULAR ACCESS BASEMENT DB. Approval of Summary Vacation of a Sidewalk and Public Dtility Easement located on the southeast corner of Milliken Avenue and Sixth street. RESOLUTION NO. 90-441 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A SIDEWALK AND PVBLIC UTILITY EASEMENT D9. Approval to open escrow with Joan V. AggazzotiS, for purchase of land at 11929 Foothill Boulevard, to obtain the street right-of-way for the Traffic Signal and Street Improvements on Rochester Avenue and Foothill Boulevard for $59,000.00, plus escrow coats of $3,000.00 to be paid from Syeteme Fees Account No. 22-4637-&942-4607-4117 and authorize the Director of Community Development to execute all necessary tlocumente. • D10. Approval to execute a Release of Aeal Property Improvement Contract and Lien Agreement for Parcel Nap 11671 located between Fourth and Sixth Streets and between Pltteburgh and Buffalo Avenues, submitted by Mieeion Land Company. AHSOLUTION NO. 90-642 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELBASINO A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGAHEMSNT FROM MISSION LAND COMPANY D11. Approval to execute Improvement Agreement Extene ion Eor Tract 12659-1, located on the southwest corner of Etiwanda Avenue and 24th Street, eubmittetl by Walton Assoc ietes. RESOLUTION NO. 90-443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOR TRACT 12659-1 012. Approval tc 6xfiNie Improvement AOraeSiant Extension for Tracts 32520 ant 13727, located on the southwest corner of Carnelian street and Mighland Avenue, submitted by Southland Development. RESOLUTION NO. 90-444 ® A RESOLUTION OP THS CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIPORN IA, APPROVINO IMPROVEMENT AGREEMENT B%TENSION AND IMPROVEMENT 9ECUAITY FOR TRACTS 12820 AND 13727 City Council Minutes November 21, 1990 Page 4 \I D13. Approval to execute Improvement Agreement 8xteneion for Tract 13441, located on the northeast corner oP Vletorie Park Lane and Renyon Way, submitted Dy Grupe Dtrvelopment. RESOLVTION NO. 90-445 A ABSOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO CUCAMONGAr CALIFORNIA, APPROVING IMEROVEMENT AGREEMENT EXTENSIOH AND Il1PROVBMSNT BBCURITY POR TMCT 13441 D14. Approval to execute Improvement Agreement Extension for Tracts 13748, 13857 and 13858, located on the eouthwe6t cornea of Banyan Street and Milliken Avenue, submitted by M.7. Brock and Sone, Inc. RESOLUTION NO. 90-446 A RBSOLUTION OF TN8 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY POA TRACTS 13748, 13857 ANO 13858 D15. Approval to accept Improvements, Aeleeee of Honde and Notice of Completion . for Tract 13304 Storm Grain located on the northwest corner of Mountain View Drive and Tei[a Vi eta Parkway. Aeleeee: Faithful Performance Bond (Street) $616r155.00 n~~. wwi ntwna nce Cuarentee Mond (Street) $ 61,615.00 ABSOLUTION NO. 90-447 A AESOLUT ION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOA TMCT 13304 S^+OAM DRAIN AND AUTHORI2IN6 THE FILING OF A NOTICE OF COMPLETION POA THE WOAR D16. Approval to accept Improvements and Aeleeee of Honde for Tract 13738, Almond Intercept Channel. Release: Faithful Performance Bond $$BHr000.00 D17. Approval to accept Improvements, Release of Honde qnd Notice of Completion for DR 86-27, located on the aoutheeot coznar of Centel Avenue end 7th Street. Aeleeee: Faithful Performance Rood (Street) S 58,000.00 City Council Minutee November 21, 1990 Page 5 RESOLUTION NO. 90-448 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AANCH9 CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IHPROVE!@NTS FOA DR 86-27 AND AUTHORIZING THE FILING OP A NOTICE OP COMPLETION FOR THE WORK o1H. Approval to accept Improvements, Release of Bonds and Notice of Completion for DR 88-32 Phase 1, located on the east aide of Hyeeop Drive between 4th Street and 6th Street. Release: Faithful Performance Mond (Street) $ 28,560.00 RESOLUTION NO. 90-449 A RESOLUTION OP TNB CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 88-22 PHAS& 1 AND AUTHORIZING THE FILING OF A NOTICS OF COMPLETION POR THB NOAR 019. Approval to eccapt Improvements, Release of Bonds and Notice of CompletLon for Parcel Hap 9416 located on the northeast corner of Haven Avenue and Highland • Avenue. Release: Faithful Performance Bond (Street) $135,000.00 Faithful Performance Bond (St Drain) $ 53,000.00 RRROT.IITTON N/1 en-aSn A RESOLUTION OF THS CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR PARCEL MAP 9416 AND AVTHORIZING THE PILING OF A NOTICE OF COHPLET ION FOR THE WORK 020. Approval to accept Improvements, Release of Bonds and Notice of Completion for 13181 Victoria Street. Release: Faithful Performance Bond (Street) $ 10,020.00 RESOLUTION NO. 54-451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAY,ONGA, CALIFORNIA, ACCEPTING THE PU BLTis TMPRnugMENTE FOP. 13181 VICTORIA STA88T AND AUTHORIZING THE FILING OP A NOT ICS OP COMPLETION FOR THE WORK ^21. Approval to set a public Nearing to cone ider Times Mirror's application for a cable television franchlee. MOTION: Moved by Alexander, seconded by Brown to approve the Consent Calendar. Notion carried unanimously, 5-0. City council Minutes November 23, 1990 Page 6 • • x • ~ " " B CONS@Pf ORDINANCES E1. ENVIRONMENTAL ASSBSS!ffiNT AND DEVSLOPM_gT DI TRICT AMENDMENT 90 O1 SHERWOOD - A request to amend the Development Districts Map from "PC" Flood Control to ^L" Low Aeeidentlal (2 - 4 dwelling unit per acre) for 1.92 acres contained within two parcels of land located north and south of an extension cf Highland Avenue, adjacent to the east end west aides of the Cucamonga Creek Channel. The City Council will oleo consider "OS" Open Space and ^VL" Very Low Aea idential (lees than 2 dwelling unite per acre) ae poeeiD le land use alternatives. The Planning Cormaieeion reco:mnenda approval of Very Low Residential and issuance of a Negative Declaration. APN: 201-200-37 and 1062- 640-57 and 58. Debra J. Adams read the title of Ordinance No. 435. ORDINANCE NO. 435 (eecond reading) AN OADIBANC6 OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMBNT 90-01, AMENDING TIffi DEVELOP)~NT DISTRICTS MAP FROH O "PC" (FLOOD CONTROL) TO "VL" (VERY LON RESIDENTIAL) FOR TWO PARCELS CONSIS?ING OP 1.92 ACRES OF LAND LOCATED NORTH AND SOUTH OF AN fiATSNSION OP HIGHLAND AVENUE ADJACENT TO THS BAST S IDB OP TH8 CUCAMONGA CAEER CHANNEL, AND MARINO FINDINGS IN SUPPORT THEREOF MOT TON: Moved by Alexander, seconded by Btown to waive full reading end approve Ordinance No. 435. Motion carried unan imouely, 5-D. w • • ~ E2. ENVIRONMENTAL ASSESSMENT ANO DEVELOPMENT DTSTRI C'^ AMENDMENT 89-06 - THE JANEE GROUP - A request to amend the Development District Map from no zoning designation to Low Residential (2 - 4 dwelling unite per acre) for 7.94 acres of lend located at the southeast corner of Milliken Avenue end Vintage Drive - APN: 225-251-47. State recommends iaeu ance of a Negative Declaration. Debra J. Ademe read the title o° Ordinance No. 436. ORDINANCE NO. 436 (eecond reatling) AN ORDINANCE OP THS CITY COUNCIL OP THE CITY OB RANCHO CUCAMONGA, CALIFOANIII, APPROVING DEVELOPMENT DISTRICT NO. 89- 06, A REQUEST TO AMEND THE DEVELOPMENT DZETRICTS MAP PROM NO EONING DESIGNATION TO LON RESIDENTIAL (2 - 4 DNELLING UNITS PEA ACRE) FOR 7.94 l,CRE9 OP LAND LOCATED AT THE SOUTHEAST CORNEA OP MILLIRHN AVENOH AND VINTAGH DRIVE, AND HARING FINDINGS IN SUPPORT TII6REOt ciey council HSnutee November 21, 1990 Page 7 MOTION: Moved by Alexander, seconded by Brown to waive full reading and approve Ordinance No. 436. Hot ion carried unanimously, 5-0. • : x R E3. NS 4 ON TO REDUCE TH8 SPEED LIHIT ON ROCHESTER AVENVB BETWEEN FOOTN ILL BOULEVAAO AND BA58 LINE ROAD Debra J. Adams read the title of Ordinance No. 437. ORDINANCE NO. 437 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCANONGA, CALIFORNIA, SHCTION 10.20.020 OF THE RANCHO CUCAMONOA CITY CODE, REGARDING PRIHA FACIE SPEED LIMITS UPON CERTAIN CITY STREHTS HOT ION: Moved by Alexandez, seconded by Brown to waive full zaading and approve Ordinance No. 437. Motion carried unanimously, 5-0. • • • x • R P ADVBRTIHHD PUHLIC BEARINGS • P1. CONSIDEPATION OP TA^JIROh^^NTAL ASSESSMENT AND GENERAL PLAN AMENDHENT 9Q- O1B - PZTASSI /DALNAU A:<CHITSCTS - A raquect to amend the General Plan Land Uee Hap from Off Lce to Medium Residential (8-14 dwelling unite per acre) for 3.56 ..F :nen 1,.rarud ar thw woutheaet corner of Archibald Avenue and church street. The City will also consider Neighborhood Commercial and Low-Nedlum Aeeldential ae alternative deeignat Lone. (Continued from Septesber 19, 1990) AHEND1DiNT 90 02 PITASSI /DALMAU ARCHITECTS - A request to emend the Development D Leftist's Map from "OP" (Office/Professional) to "H" (Medium Residential, 8-14 dwelling unite par acre) for 3.56 acres of land located at the southeast corner of Archibald Avenue and Church Street. The Clty will also consider "NC^ (Neighborhood Commercial) sod "LM" (Low-Hedivm Residential) as alteznat lve designations. (COn[inusd fros 8eplesber 19, 1990) Mayor Stout stated there has been a request to coot loos this item to work out terms. BY ad Bailer, City Planner, stated this would De cons idozcd with the General Plan cycle. HOT ION: Moved Dy euquet, seconded by Wright to continue the public hearing to February 20, 1991. Motion carried unanimously, 5-0. R • • R R City Counril Minutes November 21, 1990 Pegs S • F2. CONSIDEMTION TO DBSIGNAT6 MAI STREET AS A PRIVATE STREET AND HXEMPTING THE ABUTTING PROPERTIES FROM ABOVIREMENTS SET FOATR IN CHAPTER 12 00 OF THE MUNICIPAL CODE (Continued frw October 17, 3990) Staff report presented by Dan James, Sr. Civil Engineer. Mayor Stout opened the sleeting for public hearing. There being no response, the public hearing was closed. Mayor Stout asked if the Subconssittee of Councilmembere Euquet and Alexander were satisfied. Councilmambers Auquet and Alexander stated yes RESOLUTION NO. 90-452 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, D83IGNATINC MAI STREBT AS A PRIVATE STREET AND E%EMPTIN6 THB ABUTTING PROPERTIE3 FROM RSgUIREMENTS SET FORTH IN CHAPTER 12.OB OP TH6 MONICIPAL CODE MOTION: Moved by Buquet, seconded by Alexander to approve Reeolut ion No. 90- 452. Motion carried unanimously, 5-0. • x x x « F3. CONSIDERATION TO DESICNAT6 LA SENDA ROAD AND CAROL AVENUE AS PRIVATE STREETS AND 8%BMPTING THB ABUTTING PROPERTIES PROH RBOUIREK NTS SET FORTN IN rVamm~n 19 nR ny Tun urm'rrxn ar mny r.nH ......a er _... n,~..l.~- ~ -, _ -- report presented by Paul Rougeau, Traffic Erglneer, who stated that after being heard before the Public Safety Commission in Novembers some concerns have been raised by the residents on La Sends which should De dealt with. He added that after talking with the residents, staff felt they shoo ld not decide at this time whether ihie should become a private street. He suggested staff meet with the residents in mid-January, and to continue tae item until staff has met with them. He recommended the Reeolut ion be removed and to re-advert lee the item for public hearing when appropriate. Mayor Stout opened the meeting for public hoaxing. Addressing the City Council WeYei Lao Montgomery thanked the City Council and agreed that further consideration needs to be given beEOre making a decision on making this 6tYe8t pCiVate. Ratan Montgomery asked that the property owners to the south of La Sends oleo be notlfied of future meetings because of the drainage eitunt lon which would affect them. • Mayor Stout stated everyone would be contacted that this issue affected. Mayor Stout etete0 the public comments would be cloned. City Council Hinutea Nove[pber 21, 1990 Page 9 RESOLUTION NO. 90-453 A RESOLUTION OP THH CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING LA EENDA ROAD AND CAROL AVENUE AE A PAIVAT6 STREET AND EXEMPTING TH% ABUTTING PROPERTIES PROM AEQUIRSlDINTS SET PORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODS MOTION: Moved by Brown, seconded by Alexander to remove Resolution No. 90-453. Motion carried unanimously, 5-0. MOTION: Moved by Alexander, seconded by BuqueL to continue the item until such time that all necessary meetings are conducted in order for staff to bring back a recommendation that can be presented to Council, and that staff develop a workshop session and invite all those affected In order for them to look at the plane and give Their input. Motion carried unanimously, 5-0. R • • • • e F4. CONSIDERATION TO ABPROGRAH CDSG FUNDS Staff report presented by Duane Baker, Aseietant to the City Menage[. • Mayor Stout openeA the meeting for public hearing. There being no response, Che public heating was closed. MOTION: Moved by Huquet, seconded by Wright to approve staff's recommendation. Motion Carr ietl unanimously, 5-0. R • R R 6. PUBLIC EEARINOS No items Submitted. • R • • • e. CITY MAMAOER•S BTAPP REPORTe H1. COMMENDATION TO INITIATE S H R RSS (Castisue to December B, 199p) Naycr 3icut etaied Thera io a request to continue this item to Cecemter 5, 1990. MOTION: Moved by Alexander, seconded by Wright to coot Lnue the item to December 5, 199 D. Motion carried unanimously, 5-0. • R • • R « Clty Council Minutes Noveadaer 21, 1990 Page 10 • H2. CON N TM6 EN C I 0 0 0 Staff report preeented 6y Jack Lam, City Manager. ASSOLUTION NO. 90-d50 A RHSOLDTION OF TNB CITY COUNCIL OP THR CITY OF RANCHO CUCANOHGA, CALIFORNIA, AUTEIORI SING AlBINDMENT OP TH8 WRST RNO COMNUNICATION AOTAOAITY AGASBNBNT TO PERMIT MEMBERSHIP OF TAE ClIINO RURAL FIRE PROTECTION DISTRICT MOTION: Moved by Alexander, seconded Dy Buquet to approve Resolution Ao. 90- 454. Motion carried unanimously, 5-0. • ! • • k ! I1. N A6 TEAM OF BETSY WEZNBBRGER (Oral EepDrt) Mayoz Stout eteted hs end Councllmember Hrlght set on the interview board in order to fill the vacancy on the Planning Caamiesion. He added there were a • number of Lndividusle that would ba qualified to nerve, but that he and Courcilmenibez Wright ware recommanding Wendy Vel lette. MOTION: Moved by Brown, seconded Dy Wright to approve the Subcommittee+e recommendation of Wendv Vellatte. Mori nn ~arri wl a-n-n_i ie........~ .,,,c. c+..~ Councilmember Baguet stated he did not have a prCblem with appointing Wendy Valletta, but that he was eDeteining until Councilmember-Hlect Williams could a leo be involved in the appointment and show hex support for Chia selection. Cauncilmember Wright stated she would like Conunity Services to et ay in touch with the quality cendidatee and develop a way to keep them involved In the community. She stated she would like Jae Schultz, Community Services Director, to develop thi0 type of program and Inform the City Council what he comae up with. Hayor stout stated he concurred wtih this euggestlon. • R h • R h I2. STATUS AEPORT ON REGIONAL AIR QUALITY PLAN. SAN BERNAADINO COUNTY/CIT IBS - A etetus report on the development of a Model Regional Alr Qualify 8lement for San Bernardino County end other cities includlnq Rsncho Cucemongn. Staff report preeented by Bred Buller, City Planner. City Council Minutes November 21, 1990 Page 11 • Mayor Stout stated his concern wno the idea of lase parking for more people. He also suggested to Hr. Buller that he suggest that these meetings be held in the evening Eor those people that work during the day so they might be able to attend. MOTION: Roved by Stout, seconded by Buquet to receive and file the report. Motion carried unanimously, 5-0. • R R t R R J• IDBRfItICATIOR Ot IT6W8 POR WETT M86TIN6 J1. Councilmember Alexander asked for a report on expanding the Planning Commission from five to seven people. Mayor Stout suggested this come bnek io the Connell in Jnnuary, 1991. Councilmembar Buquet stated M concurred with Counellmembez Alexander's request of possibly expanding the Planning Commission. He also stated he felt the Planning Cosmieeion interviews should be narrowed down to three and then the entire Council Interview those three for a collective decision. He added he would also like the consecutive terms of service for Planning commieeionera • looked ai as well ee all the other Commissions. R. COlDIDNICATIONa 17tOM TBE PVBLIC Rl. Lewis Trout, 7861 Leucite, stated he agreed with the expansion of the Planning Commission to seven members. Ha felt with seven members it would lessen the burden on the ant ire Planning Commies Ion. R M . 1 R The Redevelopment Agency reconvened at 8:19 p.m. MOTION: Moved Dy Alexander, seconded by Wright to adjourn the Redevelopment Agency to Szecutive Seeeion tc diecuee pending litigation regarding Tecon. Motion carried unanimously, 5-0. The meeting adjourned at 8:20 p.m. MOTION: Moved by Euauwt, aacondod hY Aiexander ro adjourn iho risy rn~yn_it w_ Szecutive Seealon to diecuee pending litigation regarding American Insurance, Edwards Cinema and Marti Enterprises, Inc., with the Szecutive session adjourning to a special meeting on December 3, 1990, 7:00 p.m. in the Council Chambors. Notion carried unanimously, 5-0. The aweting adjourned nt 8:20 p.m. City Council Minutes Eovember 21, 1990 Page 12 • Councilmember Brown respectfully Yequested she not be present in Executive Session, but that Conncilmem6sr-Elect Diane Williams be included since she would be dealing with these matters in the future. Mayor Stout concuYYed. Respectfully eubmitted, Debra J. Adams, CMC City Clerk Approved: • December 3, 1990 CITY OP RANCHO CUCAHONGA CITY COUNCIL MINUTES Adio d S Sel Meeti An adjourned special meetinq of the City Council of the City of Rancho Cucamonga met on Monday, December 3, 1990 in the Council Chambers of the Civic Center, located at 30500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:05 p.m. by Msyor Dennis L. Stout. Present were Councilmembere: William J. Alexander, Charles J. Buquet II, Pamela J. Wright, and Hayot Dennis L. Stout. Absent was Councilmember: Deborah N. Brown. • f t• R A f a STaMB or aoe2NEBB NITS RETSAINO COUNCIL tll. APPROVAL OP RESOLUTION CO~ffiNDING DRBORAH N. KNOWN. RBSOLVTION NO. 90-655 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CVCAMONGA, CALIFORNIA COMMENDING DEBORAH N. BROWN FOA HEA SERVICES AS A MEMBER OF THE CITY COUNCIL MOTION: Moved by Alexander, seconded by Buquet to approve RBBOlut ion No. 90- 455. Notion carried unanimously, 4-0-1 (Brown absent). L R R f f R B2. APPROVAL OF RESOLVTION CBRTIFYINO MUNSC14_AI. ELECTION RESVLTS. RESOLVTION NO. 90-456 A AESOLVTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECITING THE PACT OF THE GENERAL MUNICIPAL ELECTION HELD IN RAID CITY OF RANCHO CUCAMONGA ON TNB 6TH DAY OP NOVEMBER, 1990 DBCLARING THB RESULT THEREOF AND SUCH OTHER MATTERS A8 ARE PROVIDED BY LAN City Council Minutes December 3, 1990 Page 2 • MafION: Moved by Wright, seconded by Alexander to approve Resolution No. 90- 456. Motion carried unanlmoue_~y, 4-0-1 (Brown abeent~. f • • + t f C. IT®18 Ot HD$INHH$ WITH HHNLY SLHCTHD OPFICIALB C1. ADMINISTBAING OATHS OP OPPIC6 Presiding Judge Kenneth G. Liebarth of San Bernard ina County Superior Court administered the oaths of office to the following: Dennis L. Stoutr Mayor Charles J. Huquet II, Councilmember Diane Will isms, Councilmember +, x f C2. SELECTION OF lfAYOA PRO TBMPOAE MOTION: Moved by Wright, seconded by Buquet to appoint William J. Alexander ae Mayor Pro Tempore. Motion carried unanimously, 5-0. • f f f R• R C3. Thn fnllnwinn annni ntmwnta wwrw madw to the llat of C./tv Cnuncil auhenmmittwww: Baldv View Public Private Coalition Delegate: Dennis L. Stout City Selection Committee Oelegata: Dennis L. Stout e 1 n A Delegate: Stout Alternate: Alexander Animal Control ubcommlt[ee Oelegatee: stout and Buquat Air Ouellty Menaaement District (AOMD1 Committee Delegate: Stout Alternate: Alexander City Council Winutee December 3, 1990 Page 3 • California Contract Cit iea Aeeociat ion Delegate: Stout Alternate: Alexander Central Park Dee~,gn Subcommittee Delegaiee: Wright and Williama C itv Ent rv Nonunient Subeommittee Delegate: Siout Alternate: Alexander civtc center Subcommittee Deleted Finance Subcommittee Delegates Buquet Alternate: Wil liame Pire Di et ri et Treneit ion Deleted Park and Recrention Pacil it lee Delegate: stout Alternate: Wright Regional Meli Subcommittee Deleyate: Stout Alternate: Buquet Reolica Pire Arma Subcommittee Deleted S the n Calif ni A6 o Leted Opyg[ me ISCA 1 Delegate: stout Alternate: Williams cohere of Influence subcommittee Dalagatea: Stout anc Buquet AB 939 Solid Waste Teak Force Delegate: AlexandeY Alternates Nill lama City Council Minutes December 3, 1990 Page 4 H in s t Aeid SuD ommittee Delegates: Alexander and Willieme inla d 6m ire L awe of C lif r i Citi e Delegate: Alexander Alternate: Stout Law Enforcement Steering Committee Deleted Law Enforcement Subcommittee Deleted Mobile Home Aent Review Oelegatesx Wright and Alexander Alternate: Williams Nordic woods Subcommittee Delegates: Alexander and Buquet • SANEAC Delegate: Baguet Alternate: Alexander Omnitrnne Delegate: Baguet Alternate: Alexander R d lonme t M rket'n s b itt Delegates: Stout and Wright SO~Sd W ate/ReC 'C11RC 3eDC ittBe Deletes Voting Delecete 1990 L ague of Cal ifo Sa Citiee Confe once Deleted Cable Tele Lel /mmx:.. a..~.ae a h •.....x. Delegates: Baguet and Alexander public Works 9ubc itle Delegates: Euquet and Nilliame City Council Ninutee Decea:ber 3, 1990 Page 5 Soil 8roelon Subcommittee Delegate: Williams Alternate: Wright chamber of commerce Reoresentative Delegate: Alexandez Alternate: Suquet 150th Annivezaarv of the Rnncho Deleted Communiiv Boundation Liaison Delegates: Alexander and Wright Emetaenev Pteoatednese Delegates: Wright and Williams Planninc Comaiaeion Delegates: 9uquet and Wright • Rnvironmantal Naracament Commlaaion Delagateee stout end Wright public Sefety commission Delegates: Stott and Alexander Historic Preservation Commission Delegates: Alexander and Williams Park and Recreation Cammieaion Delegatae: Suquet and Williams M • • • • f D. PRSSSNTA^SON¢ D1. 9P-CI r. p n NTATION BY WYNN PAOST Gwynn Prmt was not present to make the preemtetion. ® • • • w x • City Council Minutes December 3, 1990 Page 6 • No communication was made From the public. • R • i t MOTION: Moved by A18xnnder, eaconded Dy Buquet to adjourn. Motion carried unanimously, 5-0. The meeting adjourned et 7:36 p. m. Respectfully submitted, Oabrn J. Adwoa, CMC City Clerk Approvedx 1 I I 1 : : NN e°O> NOONOOOOa000NOTpO000rv0p •Nepenppp•ePpopen n.•e i °w~ ~.~i e.~+ Mo awa~Memr:cowe~weee ~n . N rv ~ P r •. n ena .w N•NnNneoNeeawa•N NNTO ~:°/ o wn~ ~ .. 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'r. :~?,€s2E~. 2:n ^ans"S'A$~§'n'j? .. .. ova ~.... _~..mm ~ ~ - nMF^. .. ..m m o. a . ,.. a _ m ~_~, e. _, <s _ ~ . ~ ~. ... . : V `€ . . m .. ~. . . e . Rc mi~Y.m£m~m o 4,.S s"v'i _ S. m - P s4 44 ~ _ ~ '. £ __ ~F~e~rv e'~4~. <'.9r {'N31fE rFi F'~Ck g~~: .. .. _._ .... .]Ff: :..m _ .. ~~ e ~ ~ '.~~` i ~. .'~'ti'I~','~,5.. .. ~.^.^Ya ~ ~. r3 YA Rt ~8 ;=,VVWYYYYT~C, p r„n, F e'k C~p S ,a ~5 .~~^`.~ Y IC'Y ~~e. Y aIS ! + p g Ss ..' Yia P R&~~4Ry.u'.'~S°u&~aG y,9's a i ru~R~'~n' ~ ~~ =k~~ F "-'Y V . , Y W X Y F 'n ! :: ::'d :. p.. ~.. f •~~ _ ••gF: Y '_4 X'P '•~` yE C:°. :: ' ' ~ Y y° > 5 "5' ~6 . , . ~.~' : ~ R ~X€£ S %^ ::n~R 2 ~ ~° {{ 'i 6~'$~B . . H : . ~ . . R~ ' 'e - : . i 8 . F F F. . fr , .. . S i /~ Original Poor Quality - _ ~ _ x ;' s ~.~ _ __ .__ ,, r x: _ f,; ~} 5. .".r u'a' ~. ' i V f4a a~ f;s ~ 4 i '~ F C L ' ~ ~ ~ ... i 3 _ x e , _ , ~. ~ C'F n 3.~ y g e CJriginal Poor Quality x ~. .. :. .'~^ Y ~Y••, ~ 'iii g .. .E i .. 1 4 ~~.. 5 a ~.~ y /~ /t~s,fia~ ruur tlUauty x ; ;: T', _ ~, aft ?. 3 $n 9'' < E _ s`~. ~ ~~ ~~ __ _ _ Y,:: _ Y: m ~ a u ~. ... a ~I K ., o e .~., ;us X v Via. €. d. R'.'~~a z'.j!?~;w s"' a '::~Y, i 2 s~ ~ 3 ~ t v ~ s 2 W Y. 1 i fr. Y _ % ~~ $ e ~ Y Y' ~ .: .. H .. 15 s 7 ~ Y X ®riginal Poor Quality ` k i Y.. ~'' ~'Y ~' ~ .. i - .. _ -, ( ~ "p' €, a s F 6 ----- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December .9, 1990 T0: Mayor, Members of the City Council and City Manager FROM: Jim Hart, Administrative Servi:~es Director 9Y: Joan A. Kruse, Purchasing Agent, SHBJECT: JAWITORIIL COATAdCT FOA CTTI Fl,CILITI&S ABCQ!ffiiDATIgI ~, ~.-- - `~ That the City of Aaneho Cucamonga enter into an agreement for janitorial services with the C1eanServ company for cl<aning and trash disposal of the Civic Center, including the Public Safety Facility, Lions Park Community Center, Rancho Cucamonga Neighborhood Center and the service buildings at Heritage Park. BACRCA00® Curing the five months we have occupied cur new Civic Center we have relied on contract janitorial services for everyday eleaniog and trash dispcsa 1. Because staff had Deen budgeted to assist wit,v the custodial services for the new facility, the janitorial sere ice that was caring for the former City Hall va" m}a1mA nr}il }Fo vha Pri no 6~,v nnmm le}.ed. Thr Rp atOd l•ll 4P,PV SC. P. Wag nOt staffed to completely service the new facility, therefore, the care of the new facility has not been at the level staff had hoped for. At the end of October, the interim staffing approved in this fiscal year and the previous fiscal year to provide day-to-day maintenance of our facilities was completed. The short time we have been in our new environment has made us aware of just what it lakes to "keep it runninE". We Cind that because of the size of our Duild logs, the sophistication of the menhan Seal requirements, and the demands in use of meeting rooms, janitorial services cannot be accomplished with our current complement of employees, if we want to mainta In the facilities at an acceptable level. Originally, it was indicated that City staff, supD Semen led Dy a contract janitorial service, could maintain the new facility. As previously indicated, staff h;3s determinetl this cannot be accomplished since ue have been in the building and experienced the actual demands. (Please recall that our budget message for this year referred to .~,.~ "wa.,. ao,. see" strategy:. In response to an advertised Bequest for Proposal for custodial services, the City received bids from eight companies. The b.id was structured to determine the annual cost for each floor of the Civic Center and Publio Sa fa ty Pac Slily as cell as the community centers. Addlt tonal ly, Che specification was written to provide op CSmum levels for the maintenance of our buildings, Including the washing of windows, meaning of pat to areas, spec Sal care of granite floor, interior glass, etc. Attached for your information is a copy of the proposal and specification. The results are as follows: Staff Report December 19, 1990 Page 2 Clean Se rv 5123,375.73 Inland 5143,620.28 American Building Maintenance §143 ,151.93* Spotless 5187,200.00 John Bolin Maintenance 5187,752,00 Prof. American Indian §243 ,510.nn Servicemaster 5261,804.00 A* §325,914.00 *Window washing was not included. In order to maintain our buildings at a level of service greater than what we would have using our own staff, it would be necessary to add an additional 4-5 employees. Given the present budgetary situation, we do not recommend adding staffing at this time. The increased cost over the current contract amount is equivalent to, roughly, 1.5 personnel. Current janitorial contract costs (for a lower level of service) is 565,000. By contrast, the contract, as written, will provide a higher ievel of service for lesser cost. In this way the employees we now have (Custodial Supervisor, and three maintenance workers) would be utilized for the ongoing special attention needs of the building, minor repairs, everyday demands, painting, meeting room preparation, building security and general trouble shooting for all City facilities. the selection of C1 ea nServ was not so ley by the low bid. C1 ea nServ is a franchise operation, owned by a local family and supported by a nationwide OrOdOlla+~0~ Cfa ££ hoe nnL n_n .u: £_F 6nFF aA. franchisee and find that they have a thorough understa nd ing~of~our criteria and expectations and have a philosophy of service that is consistent with the City's. Their references check out well. Because this is a young, local company they exhibit an eagerness to perform, espouse a philosophy that will allow them to do a fine job, and the corporate backing to succeed. However, the staff has provided protection for the City, just in case, by a 15 day notification to terminate the contract if needed. Additionally, the Did as reflected is for a two year period (single year costs shown), therefore, the contract costs will not escalate at the end of one year. The Redevelopment Rgency has budgeted LYe funds to cover the cost of the service for the remainder of fiscal year 90-91. Funds for the contract are budgeted in the City and Redevelopment Agency fiscal year 91-92 budgets. R°s~pfj/ea fu'ly swhmit to Jim Hart Administrative Services Director JHJrs attachments 18 REQUEST FOR FROPOSAL CITY OF RANCHO CUCAMONGA CITY FACILITIES DIVISION 10500 CIVIC CENTER DRIVE RANCHO CUf.AMONGA, CA 91730 DATE 1951'RBCTIOMS i. Proposals muat be received in the office of the Administrative Services Division, 10500 Civic Center Drive, Aaneho Cucamonga, CA 91730 prior to 5:00 p.m. _ 2. Submit -copies of your propcsal. 3• Return page 7 signed Nith proposal. 4. All proposa is are to De returned in a sealed envelope or package olearly marked (Request For Proposal) _ janitorial services and closing date. Send to: Rancho Cucamonga City Hall 10500 Civic Center Drive Aancho Cucamonga, CA 91730 Attn: City Facilities/Dale Ca trop ~. nor runner In rormation, please call hale ca tron at (T 14) 989-1857. Job ua lk 'ias been scheduled at Bidders are to meet in the lobby of the Civic Center as noted aDOVe. Three other locations NS11 6e reviewed in the aequenee presented on page six of this proposal. (See attached map J Please provide your orm tranaporta tion. Those eze rc ising the option not co attend 1:he ,job ua lk may cause their Did to De subject to re Section. Request for Proposal by competitive negotiation Aequest for Proposal for Janitorial S¢rvlees for a period of 2 years. Proposed effective date of contract: DecemDsr t, 1990 through November 30, 7992. For this quotation to be valid, this sheet must be signed. I Factors to be consideretl in selecting the successful contractor shall include the following seven background and experience fae tors (with a weighting or 40 percent total for these Pac tors). A. Length of time in business, type of business license and technical qua lifioations of firm. B. Types of faeili ties previously and currently being serviced, location of build inga 6e ing serviced. C. Number of employees/number of supervisors in San Bernardino County, outside San Bernardino County. D. Types of service performetl (window cleaning, lamps and fixture cleaning, carpet cleaning, hard floor stripping, sealing and waxing). E. Local supervisor? Available 24 hours/day by telephone, radio, or beeper? F. Training program - experience of personnel. O. Dependability in past service to City or favorable reference check showing dependability. Relations with existing accounts. The other factors to be considered are, (these carry a total weight of 60 percent). H. Realism of cost estimate (recommended weighting of 30 percent). Is estlma to adequate to provide supervision, to perform minimum specified hours, to meet required cleaning standards, to Drovide specified materials and to enable contractor to meet legal requirements for Daying wages, taxes, bonding, insurance, and meet OSHA comp Nance requirements? Does est ima to appear to be either Goo high or too low for required work as compared with comparable work? khat impact will this bidder's service have on inspection and other City costs? Has au tfioient allowance been made in the estimate for low frequency tasks? Por this quotation to be valid, this sheet must be signed. V7 O I. How well does 6ldder understand the nature oP the work? (recommended ~:e fighting oP 15 percent) Can the bidder provide immediate response to correct defective service? Can regular daytime or noontime service be provided iP required? Does bidder understand special building needs arising fY~om Sigh o'_sanli.^.ess stsnd3rds, unu stzsl finish mat>r is ls, extra hnavy use, night meetings, weekend use or other factors that affect service levels for the building? Other considerations which may affect non tract performance (weighting of 15 percent). What personnel will be assigned to the building? What o~;her advantages does the ^idder offer for this ,Job? Who will supervise the ,Job? What experience does the supervisor have? What custod!.ans will be assigned to the ,jOb? What is their training experience? Mhat is their ability to read; understand and speak English? Car. they speak languages other than English? What experience dces the bidder have with cleaning buildings similar to this one? Does the bidder have other contracts in the vicinity of this building? hhat other contracts is the bidder performing? What are bidder's prospects Por stabil Sty? Pequest that bidders provide a brief explanation of their background ;find ezper ience on ProDOSal Sheet No. 1 and cost estimate on Proposal Sheet No.. 2 i see dbbaunnui• icme .~_ .... .,G ~.....,,,. _„c ..... __. ~~ negotiation on the basis of the we ighted 1,'ac tors listed. ' Insurance requirements See attached sample agreement. Bonding The amount of the bond to be given to secure a Fa ith fltl performnce of the contract for said work shall be one hundred percent (100',1) of the contract price thereof, and an additional bond in an amount Por this quotation to he valid, this ar cot ~ nh Fo a1~nnA~ equal to fifty percent (50j) of the faithful performance bond for said work shall be given to secure the payment of claims for any ma to r is is or supplies furnished for the performance of the work e ontrao fed to be done by the contractor or any work or labor oP any kind done thereon. The contractor will also be required to furnish a certificate that he carries compensation and 1lability insurance covering his employees upon work to be done under contract which may be entered Snto between him and the said City of Ranoho Cucamonga. Attached sample agreement is not be be completed until award is made to successful contractor. The complete contract shall consist of and include the following documents, all of which shall be and are hereby incorporated by reference antl made part hereof 1. Th Ss Request for Proposal. 2. Attached agreement. 3. Attached spec itications. For quotation to Ge valid, this sheet must be signed. d~ Becccxaa® can xrnxxxencx oe Length of time in business License Type of business Facilities which you have serviced? Location of facilities currently served Dotal No. o." employees Number of Supervisors Is daytime service avallaD le? Ezp la in Now can you be contacted by day? Night? What are the qualifications of the supervisor you will assign to this protect? Describe any special capaDilit Ses your company has that would enable you to perform well on this contract. Por this quotation to be valid, th ie sheet must De signed. Employees in San Bernardino County Number of Supvsrs in San Bernardino County of ~~ PBOPQSED PNICg Civic Center and Council Chambers 10500 Civic Center Drive Upper level Plaza level Loxer level Council Chambers Public Safety Facility 10510 Civic Center Drive Plaza level Loxer level Rancho Cucamonga Ne ighbcrhood Center 9791 Arrox Rau to S Der year $ per year $ per year $ per year year year year Lions Park Community Center 9161 Baseline Road year Heritage Park 5546 Beryl year City Corporation Yard 9 t53 9th Street $ Der year For this Quotation to De va11d~ this sheet must be signed. The City of Rancho Cucamonga reserves the right to contract for all or a portion of the facilities l:.ated 1n Lois proposal. 'C Improvement Bond Labor and Material Bond Bond No. Premium WHEREAS, The Clty Council of the City of Aanoho Cucamonga, State of California, and (^Princ ipal" hereinafter) have entered into an agreement whereby Principal agrees to install and complete certain designs tetl public improvements, which said agreement, dated 1990, and identified as project is hereby referred to and made a part hereof; and NHEREAS, under the hcrms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the CITY OP RANCHO CUCAMONGA to secure the claims to uh ich reference Ss made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW, THEflEFOflE, said Principal and the untlersigned as corporate surety, are held firmly bound unto the CITY OF RANCHO CUCAMONGA and all contractors, subcontractors, laborers, materialmen and other persons employed Sn the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure Sn the sum of dollars (a ), for ma ter Sala furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount here inabove set forth, and also in case suit is brought upon this bond, will pzy, in additior. tc the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by CITY OF RANCHO CUCAMONGA in succes slL lly enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be inn laded in t.hr judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall !note to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 oC Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be iLlly performed, then this on ligation shall become null and void, otherwise it shall be and remain Sn full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speeifieations accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, ex tensior„ alteration or add itinn. IN NITNESS WHEREOP, this instrument has been duly executed 6y the Principal and surety above named, on _ , 19 Principal Address Surety ~~ Improvement Bontl Faithful Performance (California) Initial Premium Bond No. NHEAEAS, The City Council of the City of flANCHO CUCAMONGA, State of California, and ("Principal" hereinafter) have entered into an agreement whereby Princ ipal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project and hereby referred to and made a part hereof; and NHEREAS. said Principal is required under the terms of said agreement to Turn ish a bond fur the .a...,. ~. performs^ce of said agreement; NON, THEREFOAE, we the Principal and , sa surety, are held and firmly bound unto the CITY OF RANCHO CUCAMONGA ("CSty^ hereinafter), in the penal sum of ($ ) lawful money of the United States, for the payment of which sum well and truly to De made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bound Princ Spal, his or its he it a, executors, administrators, successors or assigns, shall in all things stand to and abide by, and welt. and truly keep and perform the covenants, Condit Sons and provisions Sn the said agreement and any alteration thereof made as therein provided, in his or their part, to be kept and performed at the time and in the manner therein specified, and in all respect according to their true intent and meaning, and shall indemnity and save harmless City, its officers, agents and employees, as therein stipule ted, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the ob ligation secured hereby and in addition to the face amount Spec ifSed the re l'pr, Lnere snail oe 1nC iuueu w~a ea and , no~unv lc =%:y:.:OL~ fees, including rea sonaD le attorneys' fees, incurred by City in aucceselL Sly enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates 2nd agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the cork to be performed thereunder or the spec Sflcatlons accompanying the same shall in anywise affect Sts obligations on this bond, and it does hereby waive notice of any such change, enters ion of time, alteration or addition to the terms of the agrement or to the work or to the specifications. IN NITNF.SS NHEREOF, this instrument has been duly exeeutsd by the Principal and surety above named, on , 1990. Princ SOal Address Surety G dPPROZIMdYR RDILDIRO SIZBS dND QIBBA PRRiIRRaT Dd•Id SROYRR SQ. POOT6GR RB57ROM3 R046 LIONS PARK 8,400 2 A. C.N,C. 10,500 4 HERITAGE PAAK 2,<^37 2 CIU IC CENTER 9', ,000 16 2 Parking Lot 100 ,OOG PUBLIC SAFETY 24,000 10 4 Parking Lot (Upper) 20,000 Parking Lot (Lower) 40,000 DECKS, HALKWAYS Plaza Level - Civic Center, 15,000 P.S. Fac. Tipper Le vei - Kivu: Gen~er [~,vvir Corporate Yard 30,000 INTERIOR STAIRWELLS NUhBER Civic Center 6 Public Safety 3 ELEVATORS N'dMBEq Civic Center 2 Pub 11c Safety 1 Expansion area not included in this figure The City of Rancho Cucamonga will provide all trash receD tac le llnera and paper products, i.e., toilet tissue, paper towels, soap, etc. Bid will be for services only. a' CITY OF RARCBO COCAMORCA J1RI1'ORIAL SPRCIPICASIORS taaaLOBg~aaaa DAILY Empty all trash receptacles and replace liners as necessary. (Daily at oan ters.) Vacuum all carpeted areas. Vacuum entire granite floor on Plaza level. Spot clean all walls, light switches and doors. Using approved spotter, spot clean carpeted areas. Brush or vacuum furniture. Dust and spot clean all horizontal surfaces. (Special instructions will be given for acrylic Fane ls.) Clean outside of trash receptacles. Replace light bulbs as needed. N8861.Y Dust all chair and table legs and rungs, baseboards, ledges mould ing s> and other low reach areas. Mop granite floor with approved cleaner. Clean all floor mats. MOR'YfR.I wst all surfaces above normal reach, including sills, ledges, mouldings, and shelves, door frames, pic turea. (Special instructions will he given for care of original art pieces.) Strip floors and wax in Community Centers. aauCORRIDOASaaaa DAILY Aeplace light bulbs as needed and dust air vents as needed. Fully vacuum all carpets from wall to wall. Spot clean all walls, light snitches and doors. Clean and polish all drinking fountains. Using approved spotter, spot clean carpeted area. Clean all floor mats. Cieen pic lures as needee. MEEKLY Damp mop all granite floors. ~~ •+•+IxrRRIOR srelRR®.LS•*++ DAILY Police for litter. Spot mop. WEEKLY Sweep and wet mop. MONTHLY Wash rails. Spct clean walls. Strip floors and wax. ++++BLEVAtO1L4*+++ DAILY Vacuum complete. Spot clean walls. Spot clean carpet. Polish doors and all metal. Detail clean threshold plates. WEEKLY Wash wz lls. Clear. carpet. MONTHLY Extraction clean carpeting SEMI-ANNUALLY Nash ceiling. ++++IIBSTRG7lL5++++ DAILY Clean and ;.snit ize fixtures, mirrors counters, sinks, polish chrome. Complete sweeping and mopping of floors. Refill dispensers. Empty all t^a sh recep taclea and replace liners as needed. Spot clean :~11 walls, partitions, light switches and doors, flep lace light bulbs as needed. MEEKLY Spot wash all reatroom partitions. ,~ R SEMI-MONTHLY Mach'_ne scrub or strip and rec oat all re stroom floors. MONTHLY Wash all restroom walls and partitions on both sides. IDSet ~~. ^. C.'..,.,. fiff(,.gpgg~~ ppplCggfff• pally Empty all trash receptacles and replace liners as necessary. (Inc iudeS Community Cerrters.) Dust all horizontal surfaces. Wash clean all horiaon tai surfaces. 3FOt clean all walls, light switches, doors. Vacuum all carpeted areas. Dust all roodu lar partition tops, including tops of desk, light fixtures. Dust mop all hard surface floors with treated dust mop. (Endust) Mop all stains and spillages. Using approved spol.ter, spot clean carpeted areas. Dust all window ledges recent ion area dividers) in pub lir are=_s Upper Level. WEEKLY 6 aii ui,a it ape can ie iegs and rungs, Da seboard s, ledges, mouldings and other low reach greats. Using a damp mop, mcp entire hard surface area. Dust all window ledges. MONTHLY Dust all surfaces above normal reach, inc ].uding sills, ledges, mouldings, shelves, door frames, pictures and t'rames. Dust air vents. QUAHTEHLY Vacuum £Lrniture. C'_can .... ., S:a SS. 'ate: This is an acry iie surface and requires care in clean ing^produet and cloths used. faff~iC~9S !ND 6I'fC®~gnggffff DAILY Vacuum and spot clean all carpet. Damp wipe all oa fe teria and lunch room tables, vending machines and microwaves inside and out. Empty all trash receptacles and replace liners as needed. 30 Remove all collected trash to designated area. Damp mop all hard surface floors with treated dust mop. Mop all stains and sp Slls from hard surface floors. Spot clean all walls, light switches and doors. Clean trash receptacles. flefill soap, towel dispensers. WEEKLY Damp wipe chairs. Vacuum upholstered neat ing MONTHLY Strip ti le floor and apply two coats of floor finish. a~ftCCl~OYEA ROOMa:~~ DAILY Empty all trash receptacles and replace liners as necessary. Dust all horlaontal surfaces. Mop ali stains and spills off floor. WEEKLY Spot clean all walls, light switches, doors. Using a damp mop, mop scrub entire hard our face area. QUARTERLY Clean and waz hard surface floor using minimum amounts of water. •+~sCAAPgSHD AAgs3~~~s DAILY Clean all carpeted areas. WEEKLY Extraction mean all high traffic areas. Clean all high traffic areas and any other areas requlr ing cleaning. SEMI-ANNUALLY Extraction cleaning oC Police Paeility, Employee Lounge, Hallways, Council Chambers Community Centers, and any other required areas. 3J ANNUALL° Extraction cleaning of all carpet. +*++DECRS AND BT1'AAIDA S7AIRWl.LS+++• DAILY Emo ty all rr=_sh ,_ ~^*_:o lea and replace iiue rs as necessary. Empty and clean sandy urns and ashtrays. Damp wipe all tables, chairs, benohes and rails. Sweep complete. Soot mop. Spot clean glass for fingerprints. Spot clean doors. WEEKLY Hose all decks and stairs to street. Wash and clean all glass doors QUARTERLY Machine scrub all decks. a+aaPAA6ING/GAAIGBS PA0117, NIDDLA AAD ABAA PAiI05 ++++ (P-1, P-2) DAILY Empty all trash receptacles and replace liners as necessary. Empty and clean sand urns. Sweep elevator landings. Sweep all patio areas. WEEKLY Mop elevator landing Sweep clean all exterior stairwells QUARTERLY Sweep and degrease all parking areas. Hose down entry ramp to P-1. ++++A3S8l~L7 AND MAATIAC ADM4++++ DAILY Wet mop floors. Clean Walls as needed. Empty all trash receD tae les and liners da Sly. Clean outside of trash receptacles. Clean counters and sinks. Clean cab one is as needed. ~ '1 Replace lights as needed. FS11 paper towel d~snensera. WEEKLY Dust bookshelves. Clean all floorma ts. Buff floors. MONTHLY Strip and wax floors (once a year totally removing th reshholds and stripping and waxing beneath them. a~aaSYORBR00lS~~s~ WEEKLY Sweep concrete floors. Wet mop tiled floors. Clean floor sinks. MONTHLY Strip and waz tale floors. e~r~SOPBRYISIWN„ .^. - .,,. ~-v, ~uuo ei~u, worxing, supervisor Ss to be assigned and be Sn the ~ouildings,at all times when services are being performed. 33 IGAe@DNVY This Agreement is made and entered into this , between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter known as "CITY") and (hereinafter known as "CONSULTANT'). A. flec itals. " ; CI1T Yas i,e re tofore expressed ice intent to contract for professional services with respect to janitorial services to be installed in the Rancho Cucamonga Civic Center and Public Safety Facility, located at 10500 and 10570 Civic Center Drive, respectively, Rancho Cucamonga NeSghborhood Center, 9791 Arrow Route, Lions Park Community Center, 9161 Ha.se line Rd., and Heritage Park, 5546 Beryl, Rancho Cucamonga, those services to be performed according to exhibit "A" attanhed and by this reference made a part hereof. (ii) CONSULTANT has heretofore submitted its proposal for the performance of such services, a f1~11, true and correct copy of which proposal is attached here io as Exhibit "H" and by this reference made a part hereof. (iii) CIi7 desires to retain C~SULTABT to perform services necessary to accomplish the requirements de seriDed in exhibit "A". (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such ecru ions as hereinafter deft.^.ed. NON, THHfl~+OAE, It is agreed by and 6e tween CITY and CON30I.TANT as follows: U Agreement. 1. Definition: The following definition shall apply to the following term, except where the context of this Agreement otherwise requires: (a) Services. The completion of those services and maintenance requirements described in Exhibit "A" hereto. 2. CONSULTANT agrees as follows: (a) Cg13ULTANT shall forthwith perform the services in accordance with Exhibit "A" hereto and all in accordance with Federal, State, and City statutes, regulations, ordinances and guidelines, all to the reasonable sa tls faction of the CITY. (b) CONSULTAN! shall, at CONSOLTANT'3 sole cost and expanse, secure and hire such other persons as may, in the opinion of C01130L71NT, be necessary to comply with the terms of thSs Agreement. In the event any such other persons are retained by CONSSOLTANT, CONSULTANT hereby warrants that such persona shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be re to Sned Dy _1_ 3'f CONSOLTAR except upon the prior written approval oC CITY. All personnel tLrnished by C0160LTIBY shall be employees of COMSOLTdNT and COI~OLTABT shall pay all salaries and expenses of, and all federal, social security taxes, federal antl state unemployment taxes, and any similar payroll taxes relating tc such employees. (c) CONSOLTI9T she it provide pc~oper safeguards and shall assume all risks incurred in performing its service hereunder. (tl) CClISOLTABT shall be responsible for the direct supervision of its employees through its designated representative, antl such representative shall, in turn, be available at all reasonable times to report and confer with CITY, with respect to services performed. 3. CITY agrees as follows: (a) To pay CCBSOLTANT a maximum sum of for servio es listed in Exhibit ^A" for the per tormance of said services required hereunder. This sum shall cover the cost of all staff time and all other direct and ind irert costs or fees, inolud Sng the work of emp loyeea, consultants and suboon tractors to COL40LTAR. Payment to COIISOLTAR', by CITT shall be made in accordance with the schedule set forth below. (b) Payments to COYSIfLTAIIT shall be made Dy CTiT in accordance with the invoices submitted by COIISOLTAlIT, as indicated in RFP, and such invoices shall be Da id within a reasoraD le time after said invoices are received by CITI. All charges shall be in accordance with COYSOLTAIYY's proposal either with respect to hourly rates or lump sum amounts for lna lv ld Ual La sks, (c) AddSt ional services: Payments for additional services requested, in writing, 6y CRY shall be paid on a reimbursement basis in accordance with the fee schedule set forth in paragraph 3(D), above. Charges for add it icnal services shall be invoked on a monthly basis and shall be paid by CRY within a reasonable time after said invoices are received by CRY. CONSULTANT shall not be paid For any services performed in excess of forty (40) hours each work week unless such additional hours are requested by CRT for add Stional services. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhlb it "A" hereto. 5. Termination: This Agreement may be termSna ted by CRY upon the giving of a written "Notice of Termination" to CCN3ULTAN7 at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this agreement Ss so terminated, Cp60LTANT shall be compensated at CUN30LTANT'S applicable hourly rates es agreed. In no event, however, shall COSSULTANT receive more than the maxlm~m specified in paragraph 3 (a), 'Z- 35 above. COYSOL7ART may not terminate this agreement except for cause. 6. Notices and De signs tad Aep re senta tivea: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The Purchasing Ageat and the Custodian Supervisor shall be primarily responsible For the performance by the parties under this Agreement. Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty eight (4p) hours after tleposit hereof in the United States mail, postage prepaid and properly addressed as set forth above. 7. Insurance: CCMSOLTAR shall neither commence work under this Agreement until it hzs obtained all insurance required hereunder in a company or companies acceptable to CIT7 NOA SHALE CONSOLTAIPf allow any subcontractor to commence work on a sutcontract until all insurance required of the subcontractor has been o0 to fined. COIISIILTAiT shall take out and maintain at all times during the term of this Agreement the following policies of insurance: (a) workers' Compensation Insurance: Before beginning work, COBSOL7AN7 shall fLrnish to CRS a certificate of insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accord anoe with the Provlsior.s of Ca li Tornio Labor Code Section 3700, every employer shall secure the payment of compensation to this employees. COMSBLTIPf, prior to commencing work, shall sign and file with CITY a certification as follows: ^I am aware of the provisions of Section 3700 of the Ca lifornla Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake se if insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the D°-rformance of the work of this Agreement." (b) P_ub lic Liability and Property Damage: Throughout the term of this Agreement, at COtlSDLTAR'•S sole cost and expense, COBBOLTAgT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CRI and COtlSHLTANT, comprehensive, broad form, general pub lic llab Slity and automobile insurance against claims and liabilities for personnel Sn~ury, death, or property damage arising from CO630LSAR'3 activities, prov id Sng pro tec lion of at least Five Hundred Thousand Dollars ($500,000) for bodily in fury ar sea th to aqy one per _ or far any accident or occurrence and at least One Million Dol lars^ ($1,000,000) for property damage. (e) Caneral Insurance flewuireme nts: All insurance required 6y express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 7. (a) and (b) shell name as additional -3- 3(0 insured CITY, its elected officials, officers, employees, and agents. All policies shall non to ir. language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY'S elected officials, officers, amp loyeea, and agents. (2) the policies are primary and noncontributing with any insurance that amy be carried 6y CITT; and (3) they cannot be cancelled or materially changed after thirty (30) days' notice by the insurer to CITY by certified mail. COMSQLTANT shall flmnish CITY with copies of all such policies promptly upon receipt of them, or :;ertifioata evident tog Li,e insurance. C06Li0LTAHI may effect for its own account insurance not required under this Agreement. 8. Indemnification: COLSULTANT shall defend, indemnity and save harmless CITY, its ciao tad and appointed officials, agents, and employees, from all liability from loss, damage or Sn,lury to persons or property, including the payment by CON30LTA9T of any and all legal coats and attorneys' fees, in any manner arising out of or incidental to the performance by C09SDLTA9T of this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 9. Non-Discrimination: No discrimination shall be made in the employment of persons upon public works because of the race, color, or rel Lg ion of such persons, antl every contractor for puD lid works violating this section is subject to all the Dena lties imposed fora violation of Division 2, Part 7, Chapter 1 of the Labor Cade in accordance with the pro~~isions of Section 1735 of said Code. 10. Ass iRnment: No assignment of this Agreement or of any part or obligation of performande hereunder shall De made, either in whole or in part, Oy IAlN5w4'1'a11T W1thOUt the prior written consent oP C1TI, 11. Independent Contractor: The parties hereto agree that CON30LTA91' is an independent contractor under this Agreement and shall not be construed for any purpose to be an employee of CITY. 12. Governing haw: T'n is Agreement shall 6e governed by and construed in accordance with laws of the State of California. 13. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and cents from the opposing party in an amount determined by the Court to be reasonable. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or f.n writing, between the parties with respect to the sub,jeut matter heroin. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not don to toed in this Agreement aha 11 be valid or Dird ing. Any modification of this Agreement shall De effective only Sf it is in writing and signed Dy all parties. -4- 37 IA YIT11B55 iID6AHOP, the parties hereto have executed this Agreement as of the day and year first set forth above. CDNSDLTA9S CITE address !L~zl3 Deborah J. Adams, Ciiy Clerk -5- 3g NOA[gR'S COMP®ISASI09 IlSORA9Cg CRRTIFIGSR The Contractor shall execute Che following form as required by the Ca liPOrn is Labor Code, Sections 1860 and 1861: I am aware of the provisions requires every employer to be compensation or to undertake provisions before commencing contract. of Section 3700 of the Labor Code which insured against liability for worker's self-insurance in accordance with the the performance of the work of this Date Attest: ny: (Signature) CONTRACTOR Ry: (Signature) -6- 3q - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE; December i9, 1940 T^: M~ycr, Members of *.he City Council and City Manaaer FROM: Jim Hart, Administrative Services Director BY: Jean A. Kruse, Purchasing Agent SUBJECT: REQUEST TO SURPLUS VEHICLES AECOMMENDATION: That the City Council declare as surplus property 13 city Vehicles and three Dieces of equipment and authorize their sale at public auction. BACKGROUND: The City has received replacement vehicles authorized for purchase in the FY90-91 budget for various City departments. The vehicles that were replaced and must be Burp lu sed are as follows: Unit Make/Model Year Se r1a1 Number License Number 227 Chevy/Blazer 1985 1CBC518B4P8143945 E472230 eG l! cry;.')iu..c. 'wi ^°°°f ov wC.pl: ncv Ca 99900 229 Chevy/Blazer 1985 1CSC518BOF8147T82 6472444 312 Chevy/Blazer 1985 1GBC518B3P8147775 E472443 313 Chevy/Blazer 1985 iC8C31ftB8F8144063 E472319 315 Chevy/Blazer 1985 1C8C51ftB4 P8144061 E472228 317 (:hevy/Blazer 1985 1G9 CS18B6P8144059 E4T2225 318 Chevy/Blazer 1985 1GBCS ibB1P8150173 E472569 319 Chevy/Blazer 1985 1CBC518B2F8147766 EE47224 410 Chevy/Blazer 1985 1PTCRtOT1HUA93T95 E48005 710 Chevy/Blazer 1984 1C8C518BKE8153782 E4419T5 650 Pord /C7000 DUmp 1981 iFDPD70VOBV53321 E753990 225 Chevy/$-10 1982 1GC514H8C8160450 E783832 Lely Spreader Tagt24 _E-0108 S/N 839 0904 HE:ster Mouer S/N 00098/30833 Sto^.e M?Y,er AiN 474iinfi i6ffit6D As we have in the past, arrangement will De made to dispose of these vehicles at public auction. Ne would be happy to answer any questions you may have. Respe tfully pnTa R1~tte~ //L~/.i/~~" Jim Mart ~ O Administrative Serv Idea Director CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Jerry A. Dyer, Associate Engireer SUBJECT: Approval and Execution of Local Agency - State Master Agreement No. STLPP-5420, between the City of Rancho Cucamonga and the State of California, for Application of State Share Funds for eligible projects for the State-Local Transportation Partnership Program as defined 6y The State of California. RECOMMENDATION: It is hereby recommended that the City Council approve and execute the attached Resolution and the Local Agency - State Master Agreement No. STLPP-5420 between the Ctty of Rancho Cucamonga and the State of California for application of State Share Funds for eligible projects far the State-Local Transportation Partnership Program. DACKOROUND/ANALYSIS Attached herewith ere the duplicate original copies of the above subject Master Agreement No. STLPP-5420. This Master Agreement provides State Share Funds as approved by the State of California for eligible projects far the State-Local Transportation Partnership Program defined 1n the Department aP Transportations Streets and Highways Code, Section 2800 et seq. The actual amounC of State Share Funds will differ with each project due to actual funds available and the pro,~eCts estimated or actual cost. The States portion shown on each program supplement for each pro,~ect will be Limited to the amount shown, but matching funds may increase should the need arise. Respec~tf~u~ll~y sudeitted, Pte, ~ -- PAR:JAD;Iy Attachments RESOLUTION N0. 9D' 7'V'7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONfiII, CALIFORNIA, AUTHORIZING THE APPROVAL AND EXECUTION OF TIN: LOCAL AGENCY -STATE MASTER AGREEMENT N0. STLPP-5420 BETNEEN THE CITY OF PANCHO CUCAMONfiA AND THE STATE OF CALIFORNIA FOR THE APPLICATION OF STATE SHARE FUNDS FOR ELIfiIBLE PROJECTS FOR THE STATE-LOCAL. TRANSPORTATION PARTNERSHIP PR06RAM AS DEFINED BY THE STATE OF CALIFORNIA. MHEREAS, the Citiy Council of the City of Rancho Cucaagnga (hereinafter referred to as 'Local Agency"), has for its conslderaLl0n and execution the Local Agyency - State Master Agree~ent No. STLPP-5420 for the application of State Share Funds for eligible prWects for the State-Local Transportation Partnership Progrda as defined by the State of California. NHEREAS the State of Cstifornta, Oepert~ent of Transportation, District Office 8 ;hereinafter referred to as `State') processes and axmttors State Punded pro,Tects; and NHEREAS, as a condition to payment of State funds for said projects, the Local Agency shall approve a~ execute said Local Agency -State Nester Agreement for the State-Local Transportation Partnership Progrme. NON THEREFORE, the City Council of the City of Rancho Cucanronga hereby resolve to: Authorize the Ezecutlon of the Local Aoencv - State Master Agree~ent No. STLPP-5420 for the application of State Share Funds for eligible projects for the State-Local Transportation Partnership Program as defined by the State of Callfornle. To authorize the Mayor Lo siggn sold Agreement and direct the City Clerk to attach a certified copy of this Resolution, as well as Lype in the Resolution nuaber and date in the blanks of said supplaaont and for the return of the original copies of sold Agreement to the State of California DepartaKnt of Transportation elonq with the certified copy of this Resolution. 1° CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: Approval and execution of Program Supplement Ne. 1 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the construction of Arrow Route - Archibald Avenue to Hermosa Avenue consisting of Street Nldening, Traffic Signal and Street Lighting. The supplement sets the State reimbursable portion of the protect at 5103,638.00 and the City's portion at 5403,902.00. Relmbusable funding Pram the Supplement Agreement shall be deposited to the Systems Development Account. REC01/EMDIITIOM: It 1s hereby recomaended that the City Council approve and execute 'the attached Resotutton that authorizes the execution of program Supplement No. 1 to Local Agency - State Master Agreement, STLPP-5420 for t:he State-Local TrensportaLlon Partnership Program and a certified copy of Suppiement be sent to the~State of~CallforM a for their execution. BACKGROUND/ANALYSIS Attached herewith are the duplicate original copies of the above sub,lect Program Supplement No. 1 to Local Agency - State Master Agreement STLPP-5420 for the State-Local Transportation Partnership Program. This program supplement provides the reimbursable funds for the complet[d Construction of Arrow Route - Archibald Avenue to Hermosa Avenue which consisted of Street Nldentng, Traffic Signal and Street Lighting. The supplement sets the State reimbursable portion of the pro~eCt at 5103,638.00 and the City's portion at 5403,902.00. Reimbursable fundin7 from the Supplement Agreement shall be deposited to Systems Development Account. Respectfully submitted, ,n~~~~ q~- PAR:JADay /////''/ 0 Attachments ~3 RESOLUTION N0. 90' `1 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, AUTHORIZING THE E%ECUTION AND SIGNING OF PROGRAM SUPPLEMENT N0. 1 TO LOCAL AGENCY - STATE MASTER AGREEMENT N0. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE COIVLETED CONSTRUCTION OF AKRON ROUTE, ARCHIBALD AVENUE TO HERMOSA AVENUE WHEREAS, the Lity Council of the City of Rancho Cucamonga (hereinafter referred Lo as "Local Agency"), has for its consideration and execution the Program Supplement No. 1 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program authorizing reimbursement of State Share Funds for the completed construction of Arrow Route, Archibald Avenue to Nervosa Avenue; and WHEREAS, the State of California, Department of Transportation, District Office 8 (hereinafter referred to as "State") processes and monitors State funded pro,)ects; and WHEREAS, as a condition to reimbursement payment of State Share funds for said projects, the Local Agency shell approve and execute said Program Supplement No. 1. NOM TNEREFORE, the City Council of Lhe City of Rancho Cucamonga hereby retol ve to: 1. ,,",C t,`,ar':: `,`,c CX2tuti ui, uT ~,uy, w" auyyi e,"enl nu. 1 iV LOGaI Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program for the reimbursement of State Share Funds for the completed construction of Arrow Route, Archibald Avenue to Henaosa Avenue 1n the Ctty of Rancho Cucamonga, San Bernardino County. 2. To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of Lh1s Resolution, as well as type to the Resolution number and date in the blanks 1n the third block of said supplement and Por the return of the original copies of said Supplement to the State of California Department of Transportation along with the certified copy of this Resolution. ~~ n....v n,... , ..n..n n. rn , .,nwrn , STAFF REPORT DATE: December 19, 1990 T0: City Councii and City Manager FROM: Paul A. Rougeau, Acting Deputy C1ty Engineer BY: Jerry A. Dyer, Associate Engineer SUBJECT: Approval and execution of Program Supplement No. 2 to local Agency - State Master Agreement No. STLPP-5420 for the State-Local Transportation Partnership Program between the City of Rancho Cucamonga and the State of California for the widening of Arrow Route east of Hermosa Avenue to Haven Avenue. The supplement sets the State reimbursable portion of the protect at 536,796.00 and the City's portion at f213,766.00 with the provision to increase the City's portion should the need arise. Reimbursable funding from the Supplement Agreement shall be deposited Into the Systems Development Account. It is hereby recommended that Lhe City Council approve and execute the attached Resolution that authorizes the execution of Program Supplement No. 2 to Local Agency - State Master Agreement for STLPP-5420, for the State-Local Transportation Partnership Program and a eertlfted copy of aaiu neSul olio.. 'l cry ::!t` t.".: ° ^^!°~! p•1n1na1 rnplPS of the executed Supplement be sent to the State of California for their execution. BACKGROUND/ANALYSIS Attached herewith are the duplicate original copies of the above subject Program Supplement No. 2 to Local Agency - State Master Agreement for STLPP-5420 for the State-Local Tr4nsportation Partnership Program. This program supplement provides for reimbursement from the State for a portion of construction costs associated with the Nidening of Arrow Route east of Hermosa Avenue to Naven Avenue. The supplement sets the State portion of the project at f36,796.00 and the City's portion at 5213,766.00 with the provision to increase the City's portion should the need arise. Reimbursement portion would be deposited into the Systems Development Account. This protect has been constructed but has not yet been accepted by the Engineering Division or City Council as complete. Respectfully submitted, /1~~~~ d//I"/ uti- PAR:JAD:Iy Attachments ,/ `f .~ RESOLUTION N0. 90 . ' f ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT N0. 2 TO LOCAL AGENCY - STATE MASTER AGREEMENT N0. STLPP-5420 FOR THE STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FOR THE WIDENING OF ARROW ROUTE, EAST OF TO NERFpSA AVENUE TO HAVEN AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as "Local Agency"1, has for its consideration and execution the Program Supplement No. 2 to Local Agency - State Master Agreement No. STLPP-5420 for the State-Laa1 Transportation Partnership Program authorizing reimbursement of State Share Funds for the completed Construction of Arrow Route, Archibald Avenue to Hermosa Avenue; and WHEREAS, the State of California, DepartaenL of Trensportatlon, District Office 8 (hereinafter referred to as "State') processes and monitors State funded projects; and WHEREAS, as a condition to reimbursement payment of State Share funds for said projects, the Local Agency shall approve and execute Bald Program Supplement No. 2. NOW THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolve to: Authorize the Execution of Program Supplement No. 2 W Local "yv'r~b) ~ J1N Yi iwatci ny~aewe„L NV• iiLrr-~YLV rur sne State-Local Transportation Partnership Program for the reimbursement of State Share Fund for the completed widening of Arrow Route east of Hermosa Avenue to Haven Avenue in the City of Rancho Cucamonga, San Bernardino County. To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of this Resolution, as well as type 1n the Resolution number and date 1n the blanks 1n the third block of said supplement and for the return of the original copies of said Supplement to the State of California Department of Transportation along with the certified copy of this Resolution. ~/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 TO: City Council and City Nanager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Dan James, Senior Civtt Engineer SUBJECT: Approval to execute Cooperative Agreement with the City of Ontario for the maintenance of storwl drain improvements, related to the Day Creek Channel Protect, on Fourth Street from Interstate Route 15 to a point approximately 500 feet east of Sarta Anita Avenue. This agreement sets forth the rtghts and responsibilities pertaining to the maintenance of these facilities with no exchange of funds being necessary. RECOMMEIOIITION: It is recommended that the City Council approve the subJect agreement with the City of Ontario and authorize the Mayor to execute the same. BACKGROUND/ANALYSIS As part of the Day Creek Channel Protect, stone drain fac111ttnv am wrrentiy tieing installee in fourth Street from Interstate Route 15 to a point approximately 500 feet east of Santa Anita Avenue. The water runnoff collectcd by these facilities are mainly from Rancho Cucamonga with a small portion from Ontario. The limits of the maintenance responsibility of each City is outlined 1n the agreement and depicted on the attached Exhibit "A" consisting of flue sheets. Exthange of funds is not necessary for this agreement or aRy future maintenance. Both the City oP Rancho Cucamonga and the City of Ontario will mutually benefit by Lhe tnstallatton of the stony drain facilities and Dy setting forth the rights and responsibilities pertaining to the maintenance. Respectfuily submitt/ed, tn... ~a~C~GG PAR:DJ:dlw Attachments '~ 7 EXHI6IT A R'I STORM DRAIN 7o BE /.1A~N7AINED BY RANCHO CUCAMoNGA F.!/I' .P.4MF S!/!.F J'<AJ 6 m ~I'S4 :y ONTRRIO FREEWRY A-2 STORM DRAIN To BE MAiN7A1NED BY RANCHO CUCAMoN6A $EE SHT. A-~ r~ ~~ ~. I y ~ ~~ ~ I ui I M t ~~ ~Y y m I ~ ~ I A A n,1 T. '1 I ~., n . i f1 I a ~ R q ~'ri ;y~l~ ~a „ `J ~ N ~Y 1 I^ I v 1 ~r~ _=su<e a J~(~AS is'se ~ V p, ti ~ ~ IF. Vi r I~ ~, 1y` ,a ~ ~4I i I$ 8IN ~ ~ ~" ~~~ ,, ^ ti ~ ~ J ~:' ,~~ C _ _ - ~, N ~I ~~j ~ r ~ -~ A ~r @A ~ -- ~~ CPE6K rY•oNNE, L __~ /_G. -~ SEE SHT, A-1 A-3 a~~ n STORM DRAIN 7o BE MAtNTAI-1ED BY RANCHO CuCAMoNGA 3EE SNt, A-2 SEE 8NT A•4 ~~ A-mot STORM DRAIN MAINTAINED I RANCHO CuCA `..~ $flE $NT. A-5 A-5 SEE SHT. R-4 To 8E BY or TO BE MAINTA INB D BY RANCHO CuCAMoNCA CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paui A. Rougeau, Acting Deputy City Engineer BY: Jerry Dyer, Assotlat+_ Engineer SU&IECT: Approval and Execution of Lhe Supplement dated November 15, 1990, to the Cost and Maintenance Agreement between the City of Rauho Cucamonga and the Atchison, Topeka and Santa Fe Railway Campariy for the proposed Milliken Avenue Grade Separation et the A.T. A S.F. Railway Crossing designated PUC No. 2-95.68 north of Sixth Street. RECOMMENDATION: IL 1s hereby recoaaaended that the City Council approve and execute the attached Supplement to the Cost and Maintenance Agreement. BACKGROUND/ANALYSIS Attached herewith are the duplicate original copies of the above sub,~ect Supplement to the Cost and Maintenance Agreement. This supplement provides for the City's written approval of work associated with relocating a spur track, as well as the estimated cost thereof, which A.T. A S.F. deems to be incidental to, and necessitated by, the construction of the Milliken Avenue underpass in accordance with the Cost and Maintenance Agreement between the City and AT 8 SF. Estimated cost of said work in the amount of f44,551.00 is to be performed by A.T. b S.F. forces and reimbursed by the City for the actual cost of said additional work. Respectfully submitted. /1~~\ (/ PAR:JAO:Iy /J/'/ Attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Judy Acosta, Engtneertng Technician SUBJECT: Approval of a Subordination A remaent for Lot 19 of Tract 7176 located at 8406 Orchard Street, submitted by 61 en C. Mc M1111n and 61111an P. Mc Mi111n RECONMEIDATION: It is retamaa!nded that the City Council adopt the attached resolution approving said Subordination Agreement and authorizing the Mayor and City Clerk to sign same. BACKGRWND/ANALYSIS A lien agreement was approved by City Council on May 7, 1981, for the construction of off-site improvements at 8406 Orchard Street. In order to secure financing for their project, the lender requires that ..~ L~c° ~......,.....~ n..nti,..aj..~.a ~n 11.ne 1n favor of ih~ lanAor. 61 en C. and 611111 an P. Mc Millen have submitted the attached Subordination Agreement for City Council approvai. Respectfully submitted, n~/~/ /Jl'/ 4/l~ PAR:JM:dI w Attachments J: ~„ i l~ .. ~i~ -~--~--- _... ,' `I 4 ~~~~~ NCN~EERNG DIVISION ~ ~~ ~ ~ ~~~ ~~ rinE: EXF~IT• RESOLUTION N0. GtJ ~ ~ 72- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, APPROYIN6 A SUBORDINATION AGREEMENT FROM 6LEN C. AND GILLIAN P. NC MILLIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME NHEREAS, a Real Property Iaprovewtent Contract and Lien Agreeexsnt for the installation of off-site street ta~proveetents along Orchard Street was npMyye126y19B1~, Instrmaent N~o. 81 1040121ana~ orded in San Bernardino County NHEREAS, for the developer to secure financing for the project, the lender requtres that the above-aenttoned 11en be subordinated to the 11en in favor of the lender; and NHEREAS, the developer has sudelttxd a Subordinate Agreeaent to that effect for the C1ty's approval and execution. NON, THEREFORE, BE IT RESOLVED by the C1ty Council of the C1ty of Rancho Cucaiwnga, Callfornta, that said Subordinate Agredaent be and the saaw! are hereby approved and the Mayor 1s hereby authorized to sign said Subordination Agreerent on behalf of the City of Reecho Cucawtonge, aM the City Clerk attest thereto. ~-~1 LO .1 S v0orAgm[ (ENG) SUgORDIRATtON AGREEME7IT NOTICE: THIS SU80ROINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this day of ,19_ by cien c. a ciilian McMillin owner of the lard hereinafter described and hereinafter referred to as "owner" and the C1ty of Rancho Cucamonga hereinafter referred to as "City", owner and holder of the certain Real Property and Lien Agreement hereinafter referred to as "LSen Agreement •. YITNESSETH THAT WHEREAS, 1fie Real Property inprovenwnt Contract and Lien Agreement dated May 7, 1981 covering: we iy oc ~Eracc /1/O, nap tl0oK vl, vagea y~ and 96 being a auhdivision of Lot 1, Block 18 of Cucamonga tionw!atead Association, Recocda of San Bernardino County, (APN 1061-701-19) to secure the construction of off-site improvements which was recorded ~7ev 12, 1981 in the Official Records of San Bernardino County, State of California; and WHEREAS, owner Aas executed a deed of trust and note in the sum of 7VO hundred end twenty thousand_and 00/100 ($220,000.00) dated in favor of world Bovines hereinafter referred to as "lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and 1 .-.) 7 WHEREAS, Tt is a condition precedent to mak log said loan that sa ld deed of trust last above mentioned shall unconditonally De and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Lim Agreement; and WHEREAS, lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior to superior to the lien or charge of the Lten Agreement and provided that City will specifically and unconditionally subord mate the lien or charge of the Lien Agreement to the lien or charge of the Geed of trust in favor of Lender; and WHEREAS, it is the mutual benefit of the parties hereto that Lender modify said lc an to owner; and City is willing that the deed of trust securing the same shs11 constitute a Hen or charge upon said land which fs unconditionally prior to superior to the lien or charge on the Lien Agreement. NON, THEREFORE, 1n consideration of the mutual benefits accuring to the parties hereto and other valuable consideration, the receipt aid sufficiency of which consideration is hereby ackrrowledged, and in order to induce Lender ~.... _. __.~ •. ,t i. I~~..A,• Aa~Lnul mA~,.«nnA anA LV IINV III LAIC IVY~• uVV,c •.r•~r~• , ~• , ~. ~. agreed as follows: (1) That said deed of trust securing said note in favor of Lender and any renewals ar extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property thereto described prior and superior Lo the lien or charge of the Lien Agreement. (2) That Lander would not make its loan above described without this subordination agreement. 2 58 (3) That this agreement shall De the whole and only agreement with regard to the subordnat ion of the lien or charge of the Lten Agreement to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and Lien Agreement any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Lien Agreement wh lch provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. The City declares, agrees and acknowledges that: (a) He consents to and approves all prov is loos of the note and deed of trust in favor of Lender above referred to by that certain mod iftcat ion agreement by and between Qvner and Lender, dated (b) He intenttonaily and unconditionally waives, relinquishes and subordinates the lien or charge of the Lten Agreement in favor ui the iien or cnarge upon said 1aM of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific iaans and advances are being and will be made and as a Dart and parcel thereof, specific monetary and other obligations are being and witl be entered into which Mould oat be made or entered into but for said reliance upon this waiver, rellnqulSMaent and wbardtnatton; and 3 ~! (c) An endorsement has been placed upon the Lien Agreement that said Lten Agreement has by this instrument been subordinated to the iten or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUDOROINATION AGREEMENT CONTAINS A PROVISION NHICH ALLONS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO 0 THIN A LOAN, A RORTIQI 6F NHICH MAY BE EXPENDED FOR PURPOSES OTHER THAN ~AT F THE D. y DATE Glen L. ekriillin Gillian P. MGfillin OATS ALL SIGUTUIES IUST !E IIOTAIIIFD 4 O INYOIt CITY CLERIC it r 1 1Tl,l}/T /wit/~ 1 11fT1TM1 STAFF REPORT DATE: December 19, 199G T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Phillip Verbena, Assistant Engineer SUBJECT: Approval of Nap, and Ordering the Mnexatton to Landscape Maintenance District No. 3 and Street Lighting Matntenance District Nos. 1 and 6 for Parcel Map 12338, located at the northwest corner of 6th Straet and Buffalo Avenue, submitted by Kensley-Buffalo Six, Ltd. RECOMR.IDATION It is recommended that the City Council adopt the attached resolutions approving Parcel Map 12338 and ordering the annexalton to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 end 6 and authorizing the City Clerk to cause said map to record. ANALYSIS/BACKGROUND Parcel Map 12338 was approved by the Ptannfng Commission of Apr11 25, 1990, iur :tK d':'.:!c^. ^~ ti.78 acres of land into 4 parcels in the General Industrial District, located at the northwest corner ur otn St-~ ::^^_ 9!!~ialn Avenue. The Consent and Naiver to Mnexation form signed by the Developer 1s on file in the City Clerk's office. The C.C. 8 R.'s, including the reciprocal Dorking conditions has been reviewed by the City Attorney and will ba recorded along with the Parcel Map. Respectfully submitted, /~~ /\ PAR:DV:JM:dlw Attachments lQ I RESOLUTION N0. 90- ~'3 A Itl:SOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CULANONGA, CALIFORNIA, APPROVING PARCEL NAP NU6BER 12338 WHEREAS, Tentative Parcel Map Ni/iber 12338, subadtted by Kensley- Buffalo Six, Ltd. and consisting of 4 percelgsg, Located at the northwest landetnto 4tparcerls wasdapproved b9 the~Planntn9 dCoa~dssion of3the City off Rancho Cucmaon9a; and NHEREAS, Parcel Map Nunber 12338 is the final awp of the diviston of land approved as shown on said Tentative Parcel Map; and NHEREAS, all of the requtreuents established as prerequisite to approval of the final leap by the C1ty Council of Bald C1fy have new been aet. NOiI, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA approved a dVthetCtfy En9lneerelsMeuthorizedlto presentdsawe thesCounty Recorder to be filed for record. e~ RESOLUTION N0. 9~.. ~ ~7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNE1fATI0N OF CERTAIN TERRITORY TO LANDSCADE MAINTENANCE DISTRICT N0. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR PARCEL IMP 12338 NHEREAS, the City Council of the City of Raneho Cucamonga, California, has previously famed 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 dl5trtct known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and NHEREAS, 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 MHEREAS, 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 NHEREAS, all of the owners oP property wt thin the territory proposed to be annexed to the Maintenance District have flied M th the City Clerk their written consent to the DDroposed annexation without notice and hearln or f111na of an Enainoar'e "kwnnri" 9 NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLONS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative baQy hereby orders the annexation of *_he proper as shown 1n Exhibit "A" and the work program areas as described 1n Exhtbtt "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, lncluding}lie Tevy of all assessments, shall be applicable to the territory annexed hereunder. Cv3 •A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LI~~'FITIN(i MAINTENANCE DISTRICT NOS. i AND 6 CITY OF RANCHO CIiCAMONGA CAtlNTY OF SAN BERNARDINO PARCEL MAP 12338 SPATE OF CALIFORNIA EXHIBIT •B• PROJECT NAME: PARCEL IIAP 12338 N0. OF D.U. OR ACREAGE: 13,78 ac N0. OF ASSESS. UNIT: 27.56 assess units pcl 1: 4.99 pcl 2: 1.97 pcl 3: 1.41 pcl 4: 5.41 73:75 ac STREET LIGHTING MAINTENANCE DISTRICT No. of L s to be Annexed District No. 1 --- --- --' --- --- 6 8 --- ___ ___ ___ LANDSCAPE MAINTENANCE DISTRICT Ea~umLY iurr 8reund Cover Trees District No. Street Naak Equest.Tra11 Sg• ft• Se, ft. Ea. 3 6th St. --- --- --- 7 1/2 a~edlan island 12,500 15 JM:12/19/90 ~S M1iTTl l1i.T D ., \i!~[ilT l~, ilk 11l l11,/~ STAFF REPORT ,. DATE: Decegber 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Act/ng Deputy City Engineer 9Y: Steve M. Gilliland, Publtc Norks Inspector II SUBJECT: Approval of Isprovesent Agreesent Extension for Tract 12462 located on the south side of Susan Avenue between ELlwanda Avenue and East Avenue, subsltted by First Fasily Hoses. RECOMIEMDATION It 1s recosaended that the City Council adopt the attached resolution, accepting the subJect agreesent extension and security and authorizing the Mayor and City Clerk to sign sa14 agreesent. ANALYSIS/BACKGROUND Isprovea«•nt Agreeaw'nt and Iagrovesent Security to guarantee the construction of the ppuublic lsprovesents for Tract 21462 were approved by the Cfty Council on Novea~Der 16, 1989, to the folicn+ing aawunts: dal url Yi ier lu,I~a1Kb oanu. j~:,i,i,Gu.w Labor and Material Bond: 5175,800.00 The deveioper, First Fasily Hales, is requesting approval of a 12-aanth extension on said inryrovesent agreenknt. Copies of the baproveaw;nt Agreeaent Extension are avalleble 1n the City Clerk's Office. Respectfully subsltted, Gw'~ PAR:SMG:Iy Attachwents ~~ '`'!. ~~.1\!!I i 11! -\ it ' `invemcer 19, 155v arty of fiancho Cucamonga luSGG Civu venter Duvc fiancho Cucamgno a, C. a., 51736 Attn: 6teve Gi;lvlantl Suntect: -Tact M 12962 ~ Hxpiration of Improvement Agreement Dear St PV@, Furst Family Homes is requesting a one year @xtension to the inprovewent aq reement Eor Tract X12962. A[ this time, the folloving lusts of itewe Tana in uniinisn ed: final course of paving, k 6 R vor k, fencing for the horse trails, a vneel cnalr ramp, dead tree renovals, entl a curb and gutter proDlen across e telephone vault. The inspector for the puDlsc vorka told our fluperintentlent to put the ti ral course of pavement end do the R A R cork after a nalott ty of the nerves are occupied. At tNa tiwl, none oS the hones ere gCCUpie~]. finer of or a, ve a:o vavt vnq to fvnish this rock. we ;ust recently resolved a prooiew u~i. ~ ....~. :c __ __'^^<o v,rnin the horse trails, vhich held up the installation ofc the fencing. The Senci nq viil be installed vn the near future. we nave a unvque prob law vvth one of the rneel chair ramps and are vavt inp -`-: dvrecuon from the City Engineer in@ Department on nor to proceed. Due to unknorn reasons Iconsiruction, drought, disease 1, some of the trees along Sunnit Avenue have dial. We plan on renoving thee@ treefl ae necessary in the near future And finally, the curb and gutter in Summit Avenue crosses an existing telephone vault. Presently re are Tor king out a solution vith the phone cowpany to resolve this, 675 W. MoolN1161vC., 9ulte 100. flareawml. Calltornla 91711 •1714162Rd9i9 • EdX 17W16'Z5.0.73$ f21 Uue to the sl ov tlorn an the economy, ve cannot anticipate the timing of occupancy for the homes. Therefore, re are asking for one year evtent:on. Enclosed is a check for 5251.00 and three copies of the Improvement Agreement Form per your requeai. I appreciate your cooperation in this matter, and of you nave any questions. please contact me at 71~-626-1979. Sincerely, t/ ~~~2~~ ~/"'u1 Nacneue Ue Nert Director of Planning d En9aneerang W RESOLUTION N0. 90- ~'7~j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDN611, CALIFORNIA, APPR04ING IMPROYEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12462 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1990, by First Family Homes a5 deveioper, for the Improvement of public right-of-way a4lacent to the real property specifically described therein, and generally located south side of Summit Avenue between Etiwanda Avenue and East Avenue; and WHEREAS, the installation of such Improvements, described in said Improvement Agreement and subiect to the terms thereof, is to be done in con,lunction with the development of said Tract 12462; and WHEREAS, said Improvement Agreement Extension 15 secwed and accompanied by good and sufficient Improvement Security, which is 16lntifled 1n said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cw:amonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be ertd the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the Ctty Clerk to attest thereto. x &' CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 6, 1990 T0: City Councii and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. 6tlltland, Public Norks inspector I>~ SUBJECT: Approval of Improvement Agreement Extension for Tract 13063, located on the east side of East Avenue between Htghland Avenue and Victoria Street, submitted by Citation Builders. RECOMMENDATION It is recommended that the City Council adopt the attached recolutian, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKOROUNC Improveieent Agreement and Improvement Security to guarantee the construction of the public tmprovaments for Tract 13063 were approved by the City Council on January 5, 1989, in the following amounts: {{ Faithful Perforwenee Bond: 5908,000.00 I Labor and Material Bond: 2454.000.00 The developer, Citation Builders, is requesting approval of a 12-month extension on said improvement agreement. Copies of the improvement Agreement Extens/on aro available 1n the City Clerk's Office. Respectfully submitted, ,n~~ PAR:SMGay /~'Lll~_',`,C///J °ugCGb^~- Attachments 0 ~ 70 ~. v ,not Ipvlwe ecvo., eun. No. ¢ot, rlgnw, CA Ya0a0 ptq r0latn ^ ~ p ' Li 19 5 ~ ~' y I' Jn t~, I DEC G 3 19~ D D CI1V Of RANCNU CUGMONGa EN.!NEERINC DIVIS!oN November 29, 1940 Mr. Steve Gilliland Public Works Inspector City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CF 91729 Re: Improvement Agreement - Tract 13063 Dear Mr. Gilliland: We request a one year extension to the Improvement Agreement for Tract 13063. While we are substantially complete (the remaining improvements are primarily sidewalks in front of lots on which we have not yet built homes), there are still improvements which are "house" oriented and which we would like to defer while we await better market conditions to sell our uD-scale homes. As you know, sales of homes in our upper-end range are practically non-existent at this time, although we believe conditions will improve thru 1991. Sf we were to complete the remaining improvements now, there would likely be substantial damage to them during subsequent construction of the remaining homes, and thus cause us substantial additional expense during vulnerable times to effect repairs. We are clearly greater than 85% complete on tract improvements, but believe there is a rational basis to hold off the remaining 15% until additional homes are built. We are reasonably confident that this tract can be completed by December, 1991. IJe request your favorable consideration of this one year extension. Sincerely, F. G Jr. OE!ve ent Manager Southern Division fGL/sm Enclosure ~~ RESOLUTION N0. G~tj- ~~rP A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13063 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1990, by Citation Builders as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the ease side of East Avenue between Highland Avenue and Ylctoria Street; ane WHEREAS, the installation of such 4mprovements, described in said Improvement Agreement and subject to the terns thereof, is to be done in conjunction with the development of said Tract 13063; and WHEREAS, said Improvement Agreement Extension 1s secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said ]mprovement Agreement Extension and said Improvement Security be and the same arc hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 7~- CITY OF RANCHO CUCAMONGA STAFF REPQRT DATE: T0: FROM: BY: SUBJECT: Decesber 19, 1990 City Council and Ctty Manager Paul A. Rougeau, Act/ng Deputy C1ty Engineer Steve M. G11111and, Public Norks inspector 1~ Approval of Isprovesent Agreement Extension for Tract 13304, located on Lhe northwest corner of Terra Vista Parkway and Mountain V1ew Drive, submitted by Levels Hoses RECOMIEMDATIOM It is recomsended that the Ctty Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvesent A9rcesent and Improvesent Security to guarantee the construction of the public tmprovlsents for Tract 13304 were approved by the City Council an October 5, 1989, to the fo11ow1ng total amounts: Faithful Perforssnce Bond: (1,183,410 Labor and Material Bond: f 591,705 The develo,er, Lewis Hales, is requesting approval of a 60-day extension on said improvement agreement. Copies of the Improvesent Agreement Extension are available 1n the Ctty Clerk's Office. Respectfully submitted, ~~~~~~ PAR:SMG:sd Attachsents 7.3 Lewis Homes Management Corp. 1156 Nash Mounum Avenue / P.V. Box 670 / Uplm~d, Calitomia 91765 714y85-0971 FAX: 714N49-6700 November 15, 1990 City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 807 Rancho Cucamonga, CA 91729 Attn: Steve Gilliland Engineering Division RECEIVED NOV 281990 pPl of xu~ap c~wowr,~ BMINEERt1DS DIWS!fR cear Steve: Enclosed please £ind our Improvement Agreement Extension for Tract 13304 which we would like to extend for 60 days in order to complete the improvements. Also enclosed is our check for $251.00 to cover this extension. We would appreciate your consideration of this extension request. Finrtnraly vrnlrs LEWIS HOMES MANS~/AGEMENT CORP. Jgseph M. Oleson Vice President senior Project Manager JMO:ksk Enclosures 7~ RESOLUTION N0. 90- ~ 7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INPROVElENT AGREEMENT E%TENSION AND ]MP0.0VEMENT SECURITY FOR TRACT 13304 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1990, by Lewis Haines as developer, for the improvement of public right-of-wAy ayacent to the real property specifically described therein, and generally iocated on the northwest corner of Terra Vfsta Parkway and Mountain View Drive; and VRIEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in con,lunction with Lhe development of said Tract 13304; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified to said Improvement Agreement Extension. HON, THEREFORE, the City Council of the City of Rancho Cucamonga, CaliFOrnia hereby resolves, that sold Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the Clty Clerk to attest thereto. 7S CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy C1ty Engineer e~ , BY: Steve M. Gilliland, Pubitc Norks inspector t1~~J~~ SUBJECT: Approval of Improvement Agreement Extension for Tract 13566-1, located on the south side of Suwit Avenue between Nardman Bullock Road and Cherry Avenue, submitted by Rockfteld Development. RECOMMENDATION It is recoamiended that the City Council adopt the attached resolution, accepting the sub,}ett agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Inryrovement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13566-1 wen approved by the City Council on OcWber 5, 1989, in the following amounts: Faithful Performance Bond: 51,454,000.00 Labor and Material Bond: S 727,000.00 The developer, Rockfleld Development, 1s requesting approval of a 12-month extension on said improvement agreement. Copies of the Iaryrovement Agreement Extension are ava11ab1e in the City Clerk's Office. Respectfully subm/tted, PAR:SMG:Iy Attachments 7 `P November 1, 1990 CTTY (%' RANCHO COCAtDNGA 10500 Civic Center Drive Rancho Cucaugtga, CA 91730 Attention: Steve Gilliland raoticfield :, ~ - ~' ~ ~ rao ~., . ~,7~~.) Regarding; Expiration of Imprwanent Pgreements for Tract 13566-1 Dear Steve: Pursuant to your letter of Octnher 1, 1990, please allow this oormsponderx~e to serve as Rockfield Development Corporations request to extend Llpzovanent Agreements on Tract 13566-1. The followify shall serve as evidence to justify this request including an explanation of xanainirg work and the approximate length of tLne needed to conplete sud) work. 1. Storm Drain, Tract 13566 -The Engineering Depar'hnalt wants to hold off wnstruction of the catch basins in Tract 13566-2 until the street i~rovalpnt plans are approved. Approvals aze anticipated early 1991. (Permit No. 4456) 2. 24th Street Improvements fran Wazdman/Bullock Road to San SevairK Road -Work has been delayed due to dry utility conflicts with the 66" RCP installation. These conflicts have been resolva9 aId work should be en~lete by 12/30/90. (Permit Nn_ 42fl11 3. Street L~rovements, Tract 13566-1, Phase 1 -Work has been delayed due to SBCFCD approval pra~ss delays. Appmvals have been granted and work should be oafplets3 by 12/30/90. (Permit No. 4282) 4. Flood Wall, Tract 13564/Landscaping fran Wandsan Bullock Road to San Sevaine Road/landscaping Fast Property Line/Equestrian Trail (South/lost) - hbzk has been delayed due to SBCFCD approval process delays. Approvals have been granted and work should be wnpleted by 12/30/90. (Permit No. 4423) 5. Imm~q~lete Water Main and Services in Campanella Place (Phase 2 houses not yet under mnstruction) - R.'WD requires water facilities to be constructed after curb installation. We anticipate water facilities being oonpleted by 2/91. (Perndt No. 4151) At this time we are requestinc a one (1) year extension fmn tM original date of City Council approval. "vie understand that once accepted, cur new expization date will he October 4, 1991. Should you require further infornation, please do not hesitate to contact me. Sincerely, R~C7Q''I~[D D6YQlJPt4Nf O3tPORA ''7 H.{1\J\1. 4j(\/raJ~`azy / Vice President, Opera Ilf N) Oh'nlpl<' DdvC pIO3 • COttH18. Cr\ JI i 19. 1714) 272 -IiHtiO • FAX 17141 272-O:1H! 1 RESOLUTION N0. C~o_ Cr'7$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING I14ROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13566-1 NHEREAS, the City Counctt oP the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on Decembet 19, 1990, by Rockfleld Development as developer, for the improvement of public right-of-way adJacent to the reai property specifically described thereto, and generally located on the south side of Summit Avenue between Mardnan Bullock Road and Cherry Avenue; and NHEREAS, the lnstallatlon of such improvements, described in said Improvement Agreement and subJect to the terws thereof, is to be done in con,~unctlon with the development of said Tract 13566-1; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, whfeh 1s identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that sold Improvement Agreement Extension and said Improvement Security be and the smae are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Llerk to attest thereto. IV STAFF REPORT v~ DATE: December 19, 1990 v T0: City Council and City Manager i FROM: Paul A. Rougeau, Acting Oeputy City Engineer BY: Steve M. 611111and, PublTe Works Inspector II ~-~ i, SUBJECT: Approvai of Improvement Agreement Extension for Tract '~~ 13662, located on on the southeast corner of Naven Avenue and Base Line Road, submitted by Lewis Hones RECOMIEIDATIOM It is recommended that the City Council adopt the attached resolution, accepting the sub,{ect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13662 were approved by the City Council on November 16, 1984, in the following mounts: Faithful Perfonasnce Bond: =166,576.00 Labor and Material Bond: S 82,288.00 The developer, Lewis Homes, is requesting approvai of a 90-dqy extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectfully submitted, n~~ PAR:SMG:sd Attachments 7/ Lewis Homes Management Corp. 11$6 NmA Mrnmuin Avenue / P.O. Hox 670 / Uplvd, Cilifomix 91785 714N85.0971 FAX: 714/949-6700 November 26, 1990 City of Rancho Cucamonga 10500 CSv1c Center Drive P. O. Box 807 Rancho Cucamonga, CA 91729 Attn: Steve Gilliland Engineering Division Ref.: Expiration of Improvement Agreement for Tract 13662 Dear Steve: In response to your letter of November 14, 1990, regarding the above-referenced tract, please consider our request £or a 90 day extension so that the work on this tract may be finished. Thank you £or your consideration of this request. Sincerely yours, LEWIS HOMES MANAGEMENT CORY. `~ ,~i .-~ ~j~ ~? A , _ ~G -Qoseph M. oleeon Vice President Senior Project Manager JMO:kak Enclosures go RESOLUTION N0. 90 - ~ 7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6p, CALIFORNIA, APPROVING IMPROYENENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13662 NHEREAS, the C1ty Council of the C1ty of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1990, by Lew1s Homes as developer, for the improvement of pu611c right-of-way aQ1acent to the real property specifically described therein, and generally located on the southeast corner of Haven Rvenue and Base Line Road; and NHEREAS, the installation of such Improvements, described to said Improvement Agreement and sub,~ett to the tends thereof, 15 m be done in conjunction with the development of said Tract 13662; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified to said Improveamnt Agreement Extension. NON, THEREFORE, the C1ty Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the MAyor is hereby authorized to sign said Improveamnt Agreement Extension on behalf of the City of Rancho Cucamonga, and the C1ty Clerk to attest thereto. 8! nrmv no n w unvn nr.n a vn..r.. STAFF REPORT DATE: 9ecember 19, 1990 C1 T0: City Council and City Manager ~J FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, Pubiic Norks Inspector ~ SUBJECT: Approval of Improvement Agreement Extension for DR 88-32 Phase 2, located on the south side of Nyssop prive north of 4th Street, submitted by Hyssop Properties RECOMMENDATION It is recoamiended that the City Council adapt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to s/gn sa/d agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public Improvements for DR 88-32 Phase 2 mere approved by the City Council on Oeceeber 7, 1989. 1n the follaring amounts: Faithful Performance Bond: 5130,000 Labor and Material Bond: f 65,000 The developer, Hyssop Properties, 1s requesting approval of a 12-month extension on said Improvement agreement. Copley of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectfully submltted~~~ ~~ PAR:SMG:sd Attachments W John W. Nelson 18.\'. Cenfrnl.~<e~nce L'p(anA, CA 9I i86 lT I ~!) 9~4I ~lii83 November 29. 1990 ~. ~~ ~AMO.,~a ~~~ OIVK',p.. City of Rancho Cucamonga Attn: Steve M. Gilliland P .O. Box B07 Rancho Cucamonga. CA 91729 Suti7ect: gxtenaion foruDRt 834 ~a~t.~raepent Dear sir: "~ I am. requesting a 12 month eslewiOa for Iaprovement Agreement DR 88-32 Phase II. The reason tot tbla is the City of Rancho Cucamonga will not allow n1, to start the improvements until the Day Creek Channel project ~{ ~apletad. A9 soon as the City -~~ates Day Creek we Ni21 ~oceaA with said work. sincerely. , / ~~ f~~~ „t, ~;` .~=. Enclosures ~TViN: Ck ~. _ ^ _ A ~~ 7 83 RESOLUTION N0. qD- `j a'-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEIENT AGREEMENT EXTENSION pMb IMPROVEMENT SECURITY FOR OR 88-32 PHASE 2 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1490, by I~yssep Properties as developer, for the improvement of public right-of-way ad,lacent t0 the real property specifically described therein, and generally located on the south side of Hyssop Dr1ve north of 4th Street; and VMEREAS, the installation of such Improvements, described in said Improvement Agreement and sub,~ect to the tenas thereof, is to be done in con,~unction with the development of sold bR 88-32 Phase 2; and NHEREAS, said Improvement Agreement Extension 15 secured and accaaryanied by good and sufficient Improvement Security, which /s identified to said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor 15 hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the Ctty Clerk to attest thereto. 8~ n,mv nc. n , wrnvn nr rn , wsnun w STAFF REPORT DATE: December 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. 611111a nd, Public Yorks Inspector II,~S SUBJECT: Approval of Improvement Agreement Extension for Parcel Map 11341, located on the northeast corner of Church Street and Milliken Avenue, submitted by Lewis Development Co. RECOMIEMDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk W sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee Lhe construction of the public improvements for Parcel Map 11341 were approved by the Ctty Council on October 20, 1988, 1n the following total amounts: Faithful Performance Bond: (592,000.00 Labor and Material Bond: S2%,000.00 The developer, Lewis Development Company, 15 requesting approval of a 12- month extension on said improvement agreement. Copies of the Improvement Agreement Extension are avallabte in the City Clerk's Office. Respectfully submitted, PAR:SMG:Iy Attachments $5 Lewis Homes Management Corp. 1156 Math Mounum Avrnue / P.O. Boz 670 / UpIvN, CiliComu 91785 714ry85-0971 FA7C: 714,949-6700 November 15, 1990 RECEIVED City of Rancho Cucamonga NQ~ 28 10500 Civic Center Drive ~,~ P. O. Box 807 CDY OF pMId10 Rancho Cucamonga, CA 91729 Bif.INEEPING DM310N Attn: Steve Gilliland Engineering Division Dear Steve: Enclosed please find our Improvement Agrnement Extension for 1 341 which we would like to extend for 12 months in order to complete the improvements. Also enclosed is our check for $251.00 to cover this extension. We would appreciate your consideration of this extension request. Sincerely yours. LEWIS HOMES MANAGEMENT CORP. Joseph M. Oleeon Vice President Senior Project Manager JTIO: kak Enclosures 8~ RESOLUTION N0. "/~-~0~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11341 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for Tts consideration an Improvemmnt Agreement Extension executed on December 19, 1990, by Lewis Development Co., as developer, for the improvement of public right-of-way ad,~acent to the real property speclfiwlly described therein, and generally located on the north east corner of Church Street and Milliken Avenue; and WHEREAS, the installation of such improvements, described 1n said Improvement Agreement and subiect to the terns thereof, is to be done 1n con,~unction with the development of said Parcel Map 11341; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified to said Improvement Agreement Extension. NOM, THEREFORE, the Ctty Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to sttest thereto. V STAFF REPORT ~n DATE: Decembsr 19, 1990 Q 70: City Council and City Manager VV tROM: Paul A. Reugeau, Acting Deputy City Engineer BY: Steve M_ Gilliland, Public Norks inspector 1I ~ SUBJECT: Approval of Improvement Agreement Extension for Parcel Map 11685, located on Devon Street at Kinlack Avenue, submitted by James O'Brien. RECONEIRl1TIOM IL is recomx~ended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the MAyor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements far Parcel Map 11685 xere approved by the City Council on November 2, 1989, in the 4olloring amounts: Faithful Performance Bond: 550,000.00 Labor and Material Bond: f25,000.00 The developer, James O'Brien, Ts requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respect~~~ toeggd~~..~,~ PAR:SMGay /Ll~/l9``" Attachments g~ November 26,1990 Steve M. Gilliland Public Works Inspector City Of Rancho Cucamonga Subject: Expiration of Improvement Agreement Parcel M,an 11685 Dear Sir: I am requesting a twelve month extension on my improvements on parcel man ~11h35. T have hed my plan's in and on*_ of plan check approx. :our times and every time between plan check and changes it takes approx. three months. As of November 2'7,1990 I will be getting my plan's approved, then I can get my loan and start my improvements. I am sincerely sorry for the delays. / f17u-i ~ C awes O'Brien Developer $9 RESOLUTION N0. 9O'~c)- A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR PARCEL IMP 11685 VAIEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 19, 1990, by Janes O'Brien as deveioper, for the improvement of public right-of-wAy adjacent to the reai property speciftcatly described therein, and generally located on Devon Street at Kinlock Avenue; and NHEREAS, the instailatlon of such improvements, described 1n said Improvement Agreement and sub3ect to the tenors thereof, 1s to be done 1n conJunction with the development of said Parcel Map 11685; and NHEREAS, said Improvement Agreement Extension 1s secured and accompanied by good and suffident Improvement Security, uAich is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Connell of the City of Rancho Cucamonga, California hereby resolves, thet said Improvement Agrceaknt Extension and said Improvement Security be and the sank are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 90 DATE: T0: FROM; BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT December 19, i90 Cl City Caunctl and City Manager Paul A. Rougeau, Acting Deputy City Engineer Steve N_ Gilliland, PuDltc Norks Inspector [1- ~ Approval of Improvement Rgreement Extension for 6737 East Avenue, located on East Avenue between Base Line Road and II Victoria Street, submitted by Gerald Hessler. RELONEIOATIOM It is recommended that the City Council adopt the attached resolution, accepting the sub,~ect agreement extension and security and authorizing the Mayor and Clty Clerk to sign said agreement. It is also recoanended that no additional extensions be granted due to the fact that no work has started since the Improvement Agreement was approved over 4 years ago. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for 6737 East Avenue were •..~ ~_~ .w. rev r~,_~,.~1 ,,,, unyawhae 9f1 t0A6 in th. fnllm/1 na amounts: ' Faithful Performance Bond: (33,000.00 Labor and Materlai Bond: 516,6D0.~ The developer, Geraid Hessler, is requesting approval of a 12-month extension on sold improvement agreement. Copies of the Improvement Agreement Extension are evadable 1n the City Clerk's Office. Respectfully submitted, n~~~ 1,'y//~/ PAR:SMG:Iy Attachments .~~ Go~fa~L r2 ~- 90 ~~ k~.,~ ~ ~ Ste' ~4.re~srse~ .~~e'~r-kew L~6~`oY6T37 Ee~y'~re ~~ cu+/ e ~ ~~.~~suX.i e•.~t~6x.G ~,r~i~.~~.ar~roydxo~oec~i~it~~i. ~ircc,,..t~C ~ .Jay. ~~ ~~ ax~~sc .~~ ~e%Q.ure, ..~ ~d~ek lgrG~. ~.Cf~t,~i ~~e ~ u~~J' ,~,sd~rs,~aoeo~~ ifsti ~ • ~u~ ,l a~~ u%~?~e ~~u~ u+~hr x~~fa~i~y~~u/,lACr~ z ~ur~r~li.,' yuoxst cor~.,.rl~c• u~~~ r,~s~ii . eoir~.r~i~ir 1~~Ew~ais `~ . ~~~~~ ~~ Pmt - ~~~~~. .~~ ~~ ~~y,.~ ~` ~~:~ 93 RESOLUTION N0. %~~ 'f `~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6737 EAST AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its cansideratlan an Improvement Agreeaent Extension executed on December 19, 1990, by Gerald Hessler as developer, for the improvement of public right-of-way adfacent to the real property specifically described therein, and ge~rerally located on East Avenue between Base Line Road and Victoria Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subfect to the terns thereof, is to be done in con,iunction with the development of said 6737 East Avenue; and WHEREAS, Bald Improvement Agreement Extension 1s secured and accompanied by good a~ sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOW, THEREFORE, the City Cauncll of the City of Rancho Cucamonga, Callforola hereby resolves, that said ImprovemenC Agreement Extension and said Improvement Security be and the same are hereby approved and Lhe Mayor 1s hereby authorized to sign said Improvement Agreament Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 9~{ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: December 19, 1990 City Council and Ctty Manager Paul A. Rougeau, Acting Deputy City Engineer Steve M. G11111and, Public Works Inspector II~~ Release of Bands and Notice of Completion for Tracts 9441 and 11609 located on the south side of N11son Avenue between Hermosa Avenue and Villa Drive RECOMNEMDATION: The reQuircd Street Improvements far Tracts 9441 and 11609 have been completed in an acceptabie manner and it is recoawended that Ctty Council accept said improvements, authorize the Deputy C1ty Engineer to f11e a Notice of Completion, and authorize the City Clerk to release the Faithful Performance Bonds and the Labor and Naterlal Bonds. BACKGROUND/ANALYSIS Tracts 9441 and 11609 arc located on the south side of Nilson Avenue Ue ieeen ntli lMl,ao ntici,Uc u iu' °il la .nr19:, •": h._I nn AwalnneA Av Crtsmer Development. The Tract went into default 1n 1987 and the developer never made contact with the City to extend the Agreement or finish the improvements. The matter was referred to the C1ty Attorney who then contacted the Bonding Company. The Bonding Company hl red a construction management firm W finish the Tract. At this time, all lmprovemertts are compiete and satisfactory. Therefore, it is being recowaended to release both the Faithful Performance Bonds and Labor and Materials Bonds. DEVELOPER: Crlsmar Homes 1836 Coidwater Canyon Or1ve Beverly N111s, CA 90210 Release of Bonds and Notice of Completion for Tract 9441 end 11609 located on the south side of N11son Avenue between Hermosa Avenue and V111a Drive. 9.5 CITY COUNCIL STAFF REPORT TRACTS 9441 AND 11609 DECEMBER 19, 1990 PAGE 2 Release: Faithful Performance Bond Phase 1 f141,700.00 Phase 2 E148,200.00 Phase 3 f252,400.00 Phase 4 f 90,200.60 Respectfully subsitted, n~~ ~j /(/// J~\C//J(~~ PAR:SMG:Iy Attachment Labor 8 Material Bonds S 70,850.00 E 74,100.00 5126,200.00 S 45,100.00 9~ RESOLUTION N0. 9Q-~$~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGl1, CALIFORNIA, ACCEDTING THE PUBLIC IMPROVEMENTS FOR TRACTS 9441 AND 11609 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public improvements for Tracts 9441 and 11605, hove been completed to the satisfaction oP the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the xark complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the vrork is hereby accepted and the City Engineer is authorized Lo sign and file a Notice of Completion with the County Recorder of San Bernardino County. 9~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: Decewber 19, 1990 a Ctty Council and City Manager Paul A. Rougeau, Acting Deputy City Engineer Steve M. Gilliland, Public Norks Inspector II~ Acceptance of Iwprovewents, Release of Bonds and Notice of Cowpletlon for Tract 11428, located on the east side of Center Avenue at Ashford Street The required street lwprorewents for Tract 11428 have been cowpleted 1n an acceptable wanner, and it Is recowaended that City Council accept said improvewents, accept the Maintenance Guarantee Bond 1n the awount of f8,186.00, authorize the Deputy City Engineer to file a Notice of Caapletlon and authorize the City Clerk to release the Faithful Perforwance Bond in the awount of f81,860.00. BACKGROUND/ANALYSIS Tract 11428 - located on the east side of Center Arenue at Ashford Street DEYELOPER: QBM Cowponies 3100 Bristol Street /260 Costa Mesa, CA 92626 Accept: Release: Maintenance Guarantee Bond (Street) f 8,186.00 Faithful Perforwance Bond (Street) f81,860.00 Respectfully subwltted, n ' /~ /J-~ pu q~PUti~ PAR:SMG:Iy Attaehwent RESOLUTION N0. '"/~' 'jUa A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 11428 AND AUTHORIZING TNf FILING OF A NOTICE OF COMPLETION FOR THE VIORK i` r ~, WHEREAS, the construction of public improvements for Tract 11428 have been completed to the satisfaction of the Ctty Engineer; and NNEREAS, a Notice of Completion is required to be flied, certifying the work complete. NON, TNEREFURE, the City Council of the City of Rancho Cccamonga hereby resolves, that Lhe work 1s hereby accepted and the City Enginreer is authorized to s'gn and file a Notice of Completion with the County Recorder of San Bernardino (;ounty. ~7 ,..m., ,,., „ ~,,,.,,, „ STAFF REPORT DATE: Decenber 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, Public Norks Inspector III' SUBJECT: Acceptance of IWprovements, Release of Bonds and Notice of CoWp etion for Tract 13442, located on the northeast corner of Ylctoria Park Lane and Kenyon Nay ~ RECONEIDATIOM: The re4uired street 1WproveaKnts for Tract 13442 have been caWpleted in an acceptabie Wanner, and tt is recoaaiended that Ctty Council accept said iWproveWents, accept the Maintenance Guarantee Bond 1n the aawunt of f61,200, authorize the Deputy City Engineer to file a Notice of CoWpletion and authorize the Ctty Clerk to release the Faithful Perforaance Bond 1n the aaount of f612,000. BACKGROUND/ANALYSLS Tract 13442 - located on the northeast corner of Victoria Park Lane and v-_..__ u_.. DEVELOPER: Baywood OevelopWent 4740 Von Kaman, Suite B Newport Beach, CA 92660 Accept: Maintenance Guarantee Bond (Street) 561,200 Release: Faithful PerforWance Bond (Street) 5612,000 Respectfully subWitted, ~ ^ PAR:SMG:sd a AttachaWnt ~~ RESOLUTION N0. qp-~~~ A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCANDNGA, CALIFORNIA, ACCEPTING THE PUBLIC IFPROYEMENTS FOR TRACT 13442 AND AUTHORIZING THE FILING OF A N07ICE OF COMPLETION FOR THE MORK NHEREAS, the construction of public improvements for Tract 13442 have been completed to the satisfaction of the Deputy Ctty Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the rrork complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the vbrk is hereby accepted and the City Eng/near is authorized to sign and file a Notice of Completion N1th the County Recorder of San Bernardino County. ~~I ~t nmmv nc. o w w,rssn r, tr w vnwtr w STAFF REPORT DATE: December 19,1990 T0: City Councii and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Steve M. Gilliland, PuD11c Works inspector t SUBJECT; Acceptance of improvements, Release of Bonds and Notice of Completion far CUP 87-26, located on on the northeast corner of Foothiil Boulevard and Ylneyard Avenue RECONNEIDATIOM: The required street Improvements for CUP 87-26 have been completed 1n an acceptable manner, and 1t is recommended that City Council accept sold improvements, authorize the Deputy City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of S95I,000 (Street) artd 5753,000 (Stores Drain). BACKGROUND/ANALYSIS CUP 87-26 - located on the northeast corner of Foothill Boulevard and iii iiy.'.-A \vPP„P DEVELOPER: O.A.S. ' 2080 Business Center Drive, Suite 290 Irvine, CA 92715 Release: Faithful Performance Bond (Street) =951,000 (Storm Dratni 5753,000 Respectfully submitted, PAR:SM6:sd Attachment /Dc~-- RESOLUTION N0. 90"~C1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IIfPROVEIENiS FOR CUP 87-26 AND AUTHORIZING THE FILING OF p NOTICE OF COMPLETION FOR THE NORX NHEREAS, the construction of public improvements for CUP 87-26 have been completed to the satisfaction of Lhe G1ty Engineer; and NHEREAS, a Notice of Completion 1s required to be filed, certifying the work complete. NOM, THEREFORE, the City Council of the Cisy of Rancho Cucamonga hereby resolves, that the work is hereby atcepted and the Deputy City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~d~ 3,r:. n,mv ns n ~ w,nvn n,.n , ...~.,., . STAFF REPORT DATE: Deceieber 19, 1990 T0: City Council and City Manager FROM: Paul A. Rougeau, P.cting Deputy City Engineer ...~~~ccc~~~~ 0Y: Steve M. Gilliland, Pub11c Norks Inspector 1,L~. SUBJECT: Acceptance of Improvements, Release of Bonds a-nd' Nvotice of Completion for OR 05-32, located an the north side of Civic Center Drive east of Utica Avenue. The required street improvements for DR 85-32 have been compieted in an acceptable manner, and it is recenwended that C1ty Council accept said improvements, authorize the C1ty Engineer to file a Notice of Completion and authorize the C1ty Clerk to release the Faithful Perfonmance Bond 1n the amount of 58,500.00. BACKGROUND/ANALYSIS DR 05-32 - located on Lhe north side of Civic Center Drive east of Utica Avenue. DEVELOPER: Forecast Corporation 10670 Civic Center Drive. Rancho Cucamonga, CA 91730 Release: Faithful Performance Bond (Street) f8,500.00 Respectful%ln`yA~s,(u1/h~/mt tted, PAR:SMG:Iy Attachment ~~~ RESOLUTION N0. ~JO ' ~0 0 A RESOLUTION OF T~iE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 85-32 ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WWlK NHEREAS, the construction of public lmproveaknts for DR 85-32 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ios CITY OF RANCHO CUCAMONGA STAFF REPQ~RT DATE: Deceaber 19, 1990 T0: C1ty Council and City Manager FROM: Paul A. Rougeau, Acttng Deputy City Engineer BY: Steve M. G11111and, Public Norks Inspector It,'~-s SUBJECT: Release of Maintenance Bond for Tract 13742, located on the southwest corner of Arrow Highway and Sterra Madre Avenue. RECOMMEMDIITIOM: It is recaeaKnded that the Ctty Council authorize the City Clerk Lo release Lhe Maintenance Guarantee Bond. Background/Analysts The required one year axlntenance period has ended and the street TsproveaKnts reautln free frae defects in eatertais and worko»nship. D2'i Ei.u"ro'n: n.i.. S v. imea uaeni. G,VUy 22632 Golden Springs Drive /270 Dlasgnd Bar, CA 91765 Release: Maintenance Guarantee Bond (Street) f7,600.00 Respectfully sub~eltted ~~~ PAR:SMG:Iy /~ G CI'T'Y OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: fROM: BY SUBJECT: December 19, 1990 City Council and City Manager Paul A. Rougeau, Acting Deputy City Engineer Michael 0. Long, Supervising Public Norks Inspector J~T~t Accept the Area V Hillside Road Stone Drain, from Archibald Avenue to the Alta Loma Channel, Contract 90-002, as complete, release the bonds and authorize the City Engineer to file a "Notice of Caapletton". RECOMMENDATION: It is recommended that City Council accept the Area Y Hillside Road Stone Drain, from Archibald Avenue to the Alta Lama Channel, Contract 90-002, as complete, authorize the City to file a "Notice of Co~pletlon', retain the Faithful Performance Bond in the amount of 3303,892.60 to be used as the Maintenance Bond, and authorize the release of the retention in the amount of 515,194.60 and the Labor and Materials Bond in the mount of 1159,946.00 35 days after the recordation of said notice if no claims have been received. Also, approve the final contract amount of 3324,968.03. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of Lhe City Engineer. The final contract amount, based on pro,~ect documentation, is 5324,968.03 which Includes 1 contract change order for removing an abandoned manhole and the construction an an addltlonai. Respec~ fitted, ~~~~ PAR:MOL:d1w Attachment /C7 7 _~.1 RESOLUTION N0. C~Q-¢gq A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR Tiff AREA V HILLSIDE ROAD STORM DRAIN, FROM ARCHIBALD .4YENUE TO THE liTA LC84 CHANNEL, CCkTPrCT 00-002, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public ieproveeents for the Area V Hill side Foad Store Drain, free Archlbal d Avenue to the Ai to Loma Channel , Contract 90-002, have been caepleted to the satisfaction of the Clty Engineer; and NiIEREAS, a Notice of Coepletion 1s required to be flied, certifying the work ccepietR. NON, THEREFORE, the City Council of the City of Rancho Cucaeongga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Coepletton with the County Recorder of San Bernardino County. /~ V CITY OF RANCHO CIICAMONGA STAFF REPORT DATE: December 19, 1990 ~`~ T0: City Council and City Manager FROM: Paul A. Rougeau, Acting Deputy City Engineer BY: Michael D. Lang, Supervising Public Morks Inspector SUBJECT: Accept the 19th Street Iaryrovemer.ts, fray Carneiian Street to the west City itmits, Contract 90-046, as complete, release the bonds and authorize Ure City Engineer to file a "Notice of Completion". It is recommended that City Council accept the 19th Street Improvements, from Carnelian Street to the west City limits, Contract 90-046, as complete, authorize the City to Hie a "Notice ~f Completion, retain the Faithful Performance BorM in the amount of 5267„776.20 to be used as the Maintenance Bond, and authorize the release of the retention in the amount of 515,762.97 and the Labor and Materials Bond in the amount of 5133,888.10 35 days after the recordation of •;aid notice if no claims have been received. Also, approved the final contract amount of 5315,659.48. BACKGROUND/ANALYSIS The subject project has been caapleted 1n accordance with the approved plans and speciflcattons and to the satisfaction of the Ctty Engineer. The final contract amount, based on project docunentation, is 5315,659.56 which /ncludes 3 contract change orders for additional depth of the storm drain, removal of interfering portions of a arevtously unknown RCB, sandblasting of temporary striping, reimbursement far the Cal trans permit, and nave-1n far project completion. Respect//fx/lly subsitted, / ~v.~~.~p'v` PAR:MDL:d1w G~ Attachment ~~ FESOLUTION N0. `7~ - ~ 7 d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGl1, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 19TH STREET IMPROYEMENTS, FROM CARNELIAN STREET TO THE NEST CITY LIMITS, CONTRACT 90-046 AND AUTHORIZING THE FILItC OF A NOTII:E OF COMPLETION FOR THE NORK NHEREAS, the co~structlon of public improvements for 19th Street Improvements, from Carnel!an Street to the west City limits, Contract 90-046 have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notia~ of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 7s hereby accepted and the City Engineer is authorized to sign and fila a Notice of Completion with the County Recorder of San Bernardino County. ~tJ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: December 19, 1990 City Coundl and City Manager Paul A. Rougeau, Acting Deputy City Engineer Michael 0, Long, Supervising Public Norks Inspector~rt¢,{ Accept the Arrow Roue Street Improvements, from Center Avenue to Haven Av~~nue, Contract 90-063, as complete, release the bonds and authorize the City Engineer to file a "Notice of Completion". RECOMMENDATIOM: It is recommended that City Council accept the Arrow Route Street Improvements, from Center Avenue to Haven Avenue, Contract 90-063, as complete, authorize the City to filE a "Notice of Completion", retain the Faithful Performance Bond in the amount of f201,076.68 to be used as the Maintenance Bond, and authorize the release of the retention 1n the amount of (207,076.68 35 days after the recordation of said notice if no claims have been received. Also, approved the final contract amount of (244,069.35. BAf.Kl:RDIIND/ANAI YSTS The subject pro,~ett has been completed in accordance with Lhe approved plans and specifications and to the satisfaction of the Ctty Engineer. The finai contract amount, based on project documentation, 1s (244,069.35 which Includes 1 contract change order for spatial construction advisory signs, detour striping, relocation of a fence, additional median curb removal, signal controller rclocatlor, and removal of the dip at Center and Arrow. Rasp fully submitted, ~~~~~ PAR:MDL:diw Attachment RESOLUTION N0. 9O'~19i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOIOIIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE ARRpI ROUTE STREET IMPROVEMENTS, FROM CENTER AVENUE TO HAVEN AVENUE, CONTRACT 90-063 AND AUTHORIZING THE FILING OF A NOTICE OF COIPLETION FOR THE NORK WHEREAS, the construction of public improvements for Arrow Route Street Improvements, frog Center Avenue to Haven Avenue, Contract No. 90-063, have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NON, THEREFORE, the City Cauncll of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer is authorized to sign and file a Notice ot` Completion with the County Recorder of San Bernardino County. r~a-- _ CITY OF RANCHO CUCAMONGA STAFF REPORT ~~'~ " ^(. Date: December 19, 1990 To: Mayor, Members of City Council and City MIIan,,,,ager From: Joe Schultz, Community services Director By: David H. Statton, Asr, istant Park Planner " Subject: Accemtance of the Cucamonga Elementary School Field Imvrovements Pro ect Recommendation: That the City Council: 1. Accept as complete the Improvements to Cucamonga Elementary School Field Project; and 2. Authorize final payment to Sunrise Landscape Co. Inc., for the work; and 3. Approve the attached resolution authorizing tY.e Community Services Director to file a Notice of Completion for the Improvements oP Cucamonga __~.. ~.. c..w....i ci n1A n~n~onfe anA ~,~,;W,,..~ ~~ _______ _____. __ 4. Release the project retention within the specified time after recordation of the Notice of Completion. Hackq~ound• The improvements of Cucamonga Elementary 6chool Field Prvject have been completed to the satisfaction of the Community Services Director. it ie therefore recommended that the City Council accept the project Lrom the contractor, Sunrise Landscape Co. Inc., ae complete, authorize Pinal pnyment, and direct the Community Services Director to file n Notice of Completion for the work. It is also recommended that the contractor's retention be released in a timely manner. Respec/Jt'fully s itted, J Sbh'~~lt , CLP Cniry e ices Director JS:DH9s8.ak RHSOLUTION NO. 90- L~9~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONGA, CALIFORNIA ACCEPTING THE PUBLIC IlII~ROVEMENTS FOR THE CUCAMONGA ELEMENTARY SCHOOL FIELD IMPORVElDdNTB PROJECT AND AUTHORIEING THE FILING OP A NOTICE OF COMPLETION FOR THE WORE WHEREAS, the construction o! public improvaaenta !or the Cucamonga Elementary School Field Improvements Project have been completed to the satisfaction o! the Community Services Director; and WHEREAS, a Notice of Coaplation is required to be Piled, certifying the work coaplete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the Director of comunity 6arvicea is authorized to sign and file a Notice o! Coaplation with the County Recorder oP San Bernardino County. 1990. PASSED, APPROVED, anfl ADOPTED this 19th day o! December, AYES: NOES: AHSENT: ATTEST: Debra J. Adams, City Clerk DflMie L. Stout, Mayor '/ cxx x yr RN1Vl'RV V VIiC]1YxV1V VH STAFF REPORT DATE: December 19, 1990 TD: Mayor and Members of the City Council FROM: Brad Buller, City Planner 8Y: Nancy Fong, Senior Planner SUBJECT: CONSIDERATION OF AN APPEAL OF CONDITIONAL USE PERMIT 78-03 ENDMENT - S 'S PL CE - n appeal of the Planning Commission's decision to extend the hours of operation for an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street, in the Neighborhood Commnerci al District - APN: 201-811-56, 58, 59, 8 60. (Continued from November 7 and December 5, 1990 meetings). RECOMMENDATION: Tf the City Council determines to el they uphold the appeal reverse the Planning Commission's decision) or to deny the appeal (uphold the Planning Cammf ssion's decision), then staff should be directed to Drepare a Resolution with findings for your review and approval at the next regular meeting under the Consent Calendar section, BACKGROUND: At the Continued public hearing of December 5, 1990, the r:.y r„„nr;t aomin continued this item to the December 19, 1990 regular meeting at the request of the appncanc. Sin,.e ~L~,~ i~ a ne' information on this appeal, staff has attached the December -5 and November 7, 1990, City Co until Staff Reports for your review and information. Resp y led. // / Bra ul e ` Cit anne 83 :NF: ifs Ilttachments: City Council Staff Reports of December 5 and November 7, 1990 IIS CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: December 5, 1990 T0: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUBJECT: CONSIDERATION OF AN APPEAL ~ CONDITIONAL USE PERMIT 78-03 - appea o e-Plano ni-g omn ss on s ec s on o extend the hours of operation fcr an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street, 1n Lhe Neighborhood Commercial District - APN: 201-811-56, 58, 59 d 60. (Continued from November 7, 1990 meeting). RECOMMENDATION: If the City Council determines to either uphold the appea reverse the Planning Commission's decision) or to deny the appeal (uphold the planning Commission's decision), then staff should be directed to prepare a Resolution with ftndi ngs for your review and approval at the next regular meeting under the Consent Calendar section. n •nonnmrun. ,. .~- a-.. _,.-.. • ,non ---..~,- _--a,-_ ate- r, ~.. r-..--:, .. .yam „y, .~ con u~ cfed a public hearing and received public input in considering this appeal, The City Council deliberated on the issue of canpatlbility with the surrounding residences, as the site is located in a residential neighbonc~od area. The Council was deadlocked in a 2:2 tie vote, with one Councilmember absent. At the recaamendation of the City Attorney, the Council continued the appeal to this regular meeting, where there will be a full quorum for final action. Since there is no new information on this appeal, staff has attached the November 7, 1990 Council report for your review and information. Respe 11y su tted. w Brad tier City Planner BB:NF:ds Attachments: City Council Staff Report of November 7, 1990 CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: November 7, 1990 T0: Mayor and Members of the City Cau ncil FROM: Brad Buller, City Planner 9Y: Nancy Fong, Senior Planner SUBJECT: CONSIDERATION OF AN APPEAL OF CONO ITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - An appeal of the Planning Commission's decision to extend the hours of operation for an existiny bar and restaurant, located at the northwest corner of Carnelian and l9th Street, in the Neighborhood Commercial District - APN: 201-911-56, 59, 59, b 60. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing to review this appeal. If the City Council determines to either uphold the appeal (reverse the Planning Commission decision) or to deny the appeal (uphoid the Pianni ng Commission decision), then staff should be directed to prepare a Resolution with findings for your review and a pp raval at the nett regular meeting under the Consent Calendar section. a ervronn wn. r., ,..e,,. a,.. .r.e r:.., rte,,,,,.:r ro .Fo ver ;. important to review the background. The business Cl oca Lion Chas a long history of non-compliance and nuisance problems by prior tenants, specifically the Boar's Head. The August 22, 1990 Planning Commission Staff Report described in detail the history of such nuisance problems for the business location. The applicant took over the business of Stratton's in March of 1990. The business was renamed Sam's Place. It serves lunch and dinner with full bar facilities but without live entertainment. There are no changes to the interior. The menu has an Italian emphasis. The dinner menu has more variety than the previous businesses of Stratton's and boa is Head Bar 6 Grill, Attached for your reference is a letter dated May I1, 1990, describing in detail the business and the reasons for their request to extend the closing time to 2 a.m. ANALYSIS: The Commission reviewed the proposed request at the gust 22, 1990 public hearing. They recognized the long history of code violations and nuisance problems. They also noted that circumstances have Changed. Since live entertainment had been eliminated and the restriction of hours of operation to ll p.m. in 1985, the City has not received any more complaints from the surrounding residents. Further, the Sheriff's Department has not received any calls 7 CITY COUNCIL STAFF REPORT CUP 78-03 - SAM'S PLACE November 7, 1990 Page 2 for service since March of 1990 when the establishment hetame Sam's Place. Some members of the Commission felt that the current ap plira nt should not be penalized for past problems craa ted by previous owners/operators. Other members of the Commission felt the extension of the hours of operation may not provide compatibility to the surrounding residents and could cause the farmer problems to resurface. The Commission deliberated on the issue of whether the hours of operation should be extended and if so, for how many days of the week. The Commission fi na~l ly approved the amendment allowing the extension of hours of operation from 11 p.m. to midnight Sunday through Thursday, and from 11 p.m. to 2 a.m. Friday and Saturday. The Commission also agreed that the approval was far a period of six months subject to Commission review for any extension. The Commission then directed staff to prepare such Resolution of Approval for their review at the next regular meeting of September 12, 1990. Minutes of the August 22, 1990 Planning Commission Meeting are attached far your review. FACTS FOR FINDING: In order to 'a pprove this appeal, in full or in part, specific facts to support the following findings must be made by the City Council: A. That the proposed use is in accord with the General Plan, the objectives of the Development CoAe, and the purposes of the d istr~ct in which the site is located; and That the propas ed use will not be detrimental to the public hm 1lh aio lv uol is ne ma lonlall~. in ~~~ni nne •n proper ti e5 or improvements in then vicinity; and That the proposed use complies with each of the applicable provisions of the Development Code. OPTIONS FOR CITY COUNCIL TO CONSIDER: If the City Council can make the findings to uphold the appeal and reverse the Planning Commission derision, then a motion to deny the applicants' request to modify the Conditional Use Permit would be in order and staff would prepare a Resolution of Denial for your review and approval at the November 21, 1990 regular meeting under the Lansent Calendar. 7, If rho city fn~,n,rit Aar ;,Aos fn deny the app<al and UpheiA the Planning Commission decision, then a motion to approve the applicants' request to modify the Conditional Use Permit would be in order and staff would prepare a Resolution of Approval for adaptton at your next meeting. As part of this option, the Council may modify, in part or in full, the Conditions of Approval for the ConAtttonal use Permit. I CITY COUNCIL STAFF REPORT CUP 78-03 - SIW'S PLACE November 7, ]990 Page 3 Resp y s 6m' ted, Bra City Tanner BB:NF/jfs Attachments: Exhibit "1" - Appeal Memo from Mayor Oennis Stout Exhibit "2" - Appeal Memo from Councilmember Pam Nright Exhibit "3" - August 22, 1990 Planning Commission Minutes Exhibit "4" - Planning Commission Resolution of Approval No. 90-111 for CUP 78-03 Amended Exhibit "5" - August 22, 1990 Planning Commission Staff Report II 1 J CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: September 13, 1990 T0: Members of City Cou it FRAM: Dennis L. Stout, May SUBJECT: APPEAL OF PLANN IN6 COMMISSION APPROVAL OF CONDITIONAL USE PERMIT IB-03 AMENDMENT - SAM'S PUCE ( hereby appeai the September 12, 1990, decision of the Planning Commission aDDrovfng expanded Aou rs of operation for Sam's Plate, an existing bar and restaurant located at the northwest corner of Carnelian and 19th Streets. I feel that, this type of use during late hours is inapPropr is to Mi thln residential neighborhoods. OLS:gS ~~ f~ CITY OF RANCHO CUCAM6NGA MEMORANDUM OaTE: saptr*bfr 29, 1449 i TO: rambara of tha City Council FROM: PamaL 7. Nright, Councilmamhar ~ SI7BJECT: AVi71i~ Oe CCMIIaarOR a*..Mai. M S~IT201017. Oa! eERMiT 7a-03 aIDDIbOQf av.. a a 'c U ~ > 1977 1 I h~raby appeal tM 9aptanWr 12, ~ 1990 daciaion of CM Flannioq Coaninio9 approving expensed hours of oparaticn !or au~• Plae~, an a:tatLp bar and rrrtaurant Located at the aorthraat cotn~r of Carnahan sad 19th ltraata. 1 teal that thin typo of on during laG hours Sa laappsoprLN rithin gaidawtial n~ighborhooaa. PJM/die X11 .~ ~~ ti Mere primarily concerned Chat Church Street 6e widened. He Said there did not seem to be a tremendous concern on the part of the net ghbc rs. He showed slides of the site plan and ft oor plan and elevations. Hearing no further testimony, Chairman McNi el closed the public hearing. Commissioner Tol stoy stated he had always felt that the Office/P rofesst onal designation for this property was not appropriate, as it is too far removed from like uses. He felt Medium Residential was the proper designation and he supported the project. Commissioner Chi ti ea agreed that the pnrticul ar project proposed on the site is the best use of the site, but stated she is concerned with overall density in the City. She fell that the C1Ly should look cias ely before changing any other designations in the City. She said if the project were not sm well designed or in another location, she would not have been so will ing to support the project. Chairman McN tel felt the project is well designed and he liked the duplex concept because it appears residentt at. Motion: Moved by Toistoy, seconded by Melchor, to adapt the Resolutions recommending approval of Envfronmental Assesseent and General Plan Amendment 90-018 and Environeental Assessment and Developaent District Amendment 90-02. Motion carried by the fol'owing vote: AYES: COMMISSIONERS: CH IT IEA, MCNIEL, MELCHER, TOLSTOT, fiE INBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE -carried E. CONDITIONAL USE -EAIgT TB-03 AM[NOIENT -SAM'S PLACE - A request to extend the hou n of operation or an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street in the Neighborhood Commercial District - APN: 201-811-56, 58, 59, and 60. Nancy Fong, Sanior Planner, presented tho staff report. Commissioner Toistoy askee what time the applicant proposed to stop serving dinner if tM lours were extended. Ms. fang staged she did not know. Chairman McNTeI opened the publie hearing. John Mannerino, Mannerino f Brlgugllo Law Offices, 9333 Base Line Road, Suite I10, Rancho Cucamonga, stated tMt tM liquor lteense requires tMt food be served during the entire time that alcohol 1s served, and the full dinner menu Planning Coaaatssion Minutes -4- August 22, 1990 ~aa- would be served until closing time. He gave a brief history of the ownership of the es to hl isheent. He said that the first two owners have not owned the business since 1985 and there has been no live entertai went since that time. He felt that, tM previous pro 6l ems had been resolved as soon as the live entertainment ceased. He stated that Sam Pellegrino has owned the business since March and the Sheriff's OeDarLaent had not been called [o tM premises once in that time. He felt that the hours of operation do not cause problems, but rather the way the establishment is run. Mr. Hann erino stated that the request for extended hours was to allow the business to 6e competitive. Hearing no further testimony, Chairman HcN tel closed the public hearing, Commissioner Helcher felt it was not fair to tie the present owner's hands because of another person's doing. He thought an experimental period of increased hours was merited. Ne felt that if a six month period of increased hours proved successful, then the extended nours could be continued: but if any problems arose, then the closing time could be dropped hack to 11:00 P.H. Commissioner Hetnberger felt it might be better to extend tM hours only on Friday and Saturday evenings, She felt the outcome should be reviewed later. Commissioner Chi ti ea was opposed to extending tAe hours. She felt the people in the neighborhood Md suffered for many years in the past and a late night crowd is different from a dinner crowd. She felt the extended hours were inappropriate because of the proximity to Acmes. Commissioner Tolstoy felt the sitwtion has changed because live entertairment is no[ proposed. He also stated that the former owners stopped serving food after dinner and served only token food at night in order to keep their I1Cens e. fie aia feu im auoi cu CG~i:: J:-.r ~"tit.'c tome n.~anAlnn }ho neighborhood; but because the full menu would be served and there would he no live entertairaaent, he felt it would be appropriate to allow a trial Dertod of extended Murs. He proposed the hours be extended to midnight rather than 2:00 A.H. with the possibility of extending the hours later 11 the trial proved successful. Ralph Hansbn, Oeputy City Attorney, stated that Conditional Use Penit rights are property rights tNt run witA the land absent extraord/nary conditions. Ne said the L1ty could not plat! a time 1tm14 on extended flours without tM specific consent of tM applicant. Chairman MLNteI reopened the public hearing to allot the aDDlicant~ta comment. Hr. Hannerine stated tAat the applicant vas more than willing to voluntarily place the matter for review. Hr, Hannerino pointed out that Ehe surrounding residents were noticeably absent from tM s evening's hearing even tAOUgh they had received written natlfieatton of the proposal, He stated that the owner had visited each of the neighbors who are within 300 feet of the property line and told thM of their proposal to extend the !pars and Aad invited the residents to visit tM bar. Ha said they would voluntarily submit to a Planning Commission Minutes -5- August 22, 1990 113 reexamination of the permit in six months if the Planning staff felt one were warranted. He felt a three-month trial period would not be realistic because it would probably take that long before oeo plc realized they were open later. Mr. Hanson asked if the applicant would acknowledge that the extended hours would terminate absent an extension by the Planning Commission. Mr. Mann erino agreed they would stipulate that the Conditional Use Permit could be modified upon review by the Planning Caamissi on. Commissioner Tolstoy asked if the Commission would even have to wait six months if a problem develops because a Conditional Use Permit can W reviewed at any time if there are problems. Mr. Hanson stated that the standards for revocation of a Conditional Use Permit are extreee; either violation of a set condition or proof of a substantial and immediate detriment to the health, safety, and welfare in the area. He felt it would be better to have the extended hours autama ti tally end if the Commission did not take affi rniative action to continue the extended hours. C hai naan McNf el stated he did not like the concept of allowing bars in neighborhood shopping centers DeCause there have Wen pro6l ems in the past. However, he said ne nod observed that it ears work successfully in Europe when there is no live entertaimment. Ne stated that under previous ownership the back door was left open and a lot of raise tram the Wad and patrons filtered through the a1lPyway to the neighboring residences. Sam Peilegrino, Sam's Plata, 6620 Carnelian, Rancho Cucamonga, stated he was co-awn er. He stated that on average iridav and Saturday evenin as LhPV tarvP /5 to 80 dinners. Chairman McNiel again closed the public hearing. He stated that he was inclined to take the risk with the understanding that the extended hours would W reviewed in six months. He stated W would tike to give the Wnefit of the doubt to the new owners and the burden would be on the owners to show that the extended hours would not negatively impact tha neighborhood. Commissioner Tolstoy suggested the extended hours W unt11 midnight seven days a week. Motion: Moved by Melchor, seconded Dy iieinberger, t0 direct staff t0 prepare a Resolution approving a tuporary six-month extension of boon to 2:00 A.M. seven nights a weak for Conditional Use Permit 78-03. Notion fail e4 by tW following vale: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMlSS10NEA5: MELCNEA, MEINBEA6EA CHITfEA, MCNIEL, TOLSTOf NONE -failed Planning Ceawlssion Minutes -6- August 22, 1990 ~a~ Motion: Moved by Tolstoy to direct staff to prepare a Resolution approving a temporary six-month extension of hours to midnight seven days a week. C nai rman McNiel stated that Mould be a weak test. Mr. Hanson asked if such a motion would be acce pta bte to the applicant. Mn Mannerino stated it would be atce Dtable only if they would be allowed to stay open until 2:00 A.M. on Fridays and Saturdays. Motion died for lack of a second. Motion: Moved by weinbe rger, seconded by Mel cher, to direct staff to prepare a Resolution approving a temporary six-no nth extension of hours to midnight Sunday through Thursday and 2:00 A.M. Friday and Saturday for Londi ti onal Use Permit )8-03. Motion carried by the following vote: AYES: COMM15510NER5: MCNIEL, MELLHER, TOLSTOY, NEINBERGER NOES: COMMISSIONERS: CHITIEA ABSENT: COMMISSIONERS: NONE -carried Mr. Mannerino asked if tM hours could be changed effective imeedi atel y. Mr. Hanson replied the hours could not change until following the signing of the Resolution. . .: . a 8:10 P.M. -Planning Co~lsston recessed 8:20 P.M. - Planning Cosr.isston reconvened G. ENVIRONMENTAL ASSESSMENT AND LONDITtONAL USE PERMIT 90-23 - ALLMIIRK, INC. - TM request to establish a building contractor's office and yard within the existing Sixth Street Industrial Park on 4 J4 acres of tend 1n tM General Industrial 01sM1ct, Subarea 5 of tM Industrial Specific Ptan, located at 10096 Sixth Street - APN: 209-211-40. Bruce Bucktnghu, Planning Technician, presented tM staff report. Cooisaipner Melchor asked why the use was already establisMd prior to an approval of the Londittonal Use Permit. Mr. Buekingham replied that when the business 1leense appltutton was reviewed by tM P1anMng Depar4eent, it was noUd that a Condltlonal Use Pensit was required and tM applicant began processing an appiiutton. Planning Caesetssion Minutes •T- August 22, 1990 /~5 RESOLUTION N0. 90-111 R RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCIWONGA, CALIFORNIA, APP R04ING AMENDMENT TO CONDIT [ONAL OSE PERM IT N0. T8-03 FOR A.4 EXISTING fiRR/RESTAURANT, SAM'S PLACE, LOCATED AT THE NO RTHNEST CORNER OF 19TH AND CARNELIAN STREETS IN THE NEI GHBO0.N000 COMME P,C IAL DISTRICT, AND MAK1 H6 FINDINGS IN SUPPORT THEREOF - APN: 201-811-66, 68, 59, AND 60. A. Recitals. (i? Sam's Place, Luanne R. Pellegrino, has filed an application for the amendment to Conditional Use Permit No. 18-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (if) On the 22nd day of August 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed WDlic hearing on the application and continued said hearing to Septeeber 12, 1990. (iii) On September 12, 1990, the Planning Commission concluded said hearing. (iv) All legal pre requfsites Dr for to the adopt lon of this Resolution have occurred. B. Resolution. uM, ru MECA OE 1• Iw b wV.. iw_wA Awl wrwfnw_A wA __n_luul ti_u •I,n_ Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth fn 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 hearings on August 22 and September 12, 1990, including written and oral staff reDOris. together with public testimony, this Commission hereby spec ifteally finds as follows: (a) The application applies to property located at the northwest corner of 19th Street and Carnelian with a street frontage of 1,037 feet and lot depth Of 240 feet and is presently improved with a shopping center: and fb) The Property to the north of the subject site is a future freeway, the property to the south is an existing shopping center, the property to the east is an existing shopping center, and the Droperty to the west is existing single fawtily residences. ia~ PLANNING COMMISSION "SOLUTION N0, 90-iil AMENDMENT TO LUP 7B-.., -SAM'S PLALE September 12, 1990 Page 2 (c) The proposed amendment contemplates extending the hours of oDerati an to coincide with Loose established 6y the applicant's alcoholic beverage control license, that is from the current closing hour of 11 p.m. to a new closing hour of 2 a. m. seven days a week. (dJ The current Timf tattoo on hours of operation to It p.m. was established as a direct result of a history of public safety and public nuisance pro6l ems associated with the former tenant. the Boar's Nead. (e) The former problems have not occurred since the curtailment of the hours to 11 p.m. and the et iminati on of related entertainment. (f) The Sheriff's Department records indicate no calls for service at this address under the current tenant, Sam's Place, since they opened for business. 3. Based upon Lhe substantial evidence presented to this Cosission during the above-referenced public hearings and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Caeaaission hereby finds and concludes as follows: (a) That Lhe Droposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of tM distrfct in wM ch the site is located. (D) That the proposed use, togaLher wlth the conditions applicable thereto, will not be detr/mental to the WD11c health, safety, or welfare or maim idly irjer!^_ae !4 nrneerttes or improvements in the vicinity. (c) That the proposed use complies with each of the apDlfcabte provisions of the Development Code. 0. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, th/s Loweisslon hereby approves the aDDlication subject to each and every Condition set forth below: Planning Division 1) TM hours of operation for the bar and rntaurant shall be between 11 a,m. to 12 p.m. (addntght) Sunday through Thursday and between 11 e.m. to 2 a.m. Friday and Saturday. 2) Thta approval is granted sub~eet to a full food menu being offend during all businesa boon. 3) Eftenslon of hours of operation is gnntOd for a sif-month period, unless Offended by tM Planning Connisston. ~~ / PLANNING COMMISSION ^-SOL UT ION NO. 90-111 AIiNOME NT TO CUP 78-. -SAM'S PLACE September 12. 1990 Page 3 4) Approval of this request shall not waive compliance with all sections of the Development Code and all other aDPlica bie City Ordinances. 5) If the operation of the facility causes adverse effects upon the surrounding residents, ad,{ace nt businesses and tenants, including but not limited to, noise, lof tering, or disturbances, the Conditional Use Permit shall be brought before the Planning Casei ssion for the consideraH on and posse Dle tenatna ti on of use. 5. The Secretary to this Commission shall Certify to the adoption of this Resolution. APPROY ED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 1990. PLAHNIN6 COMMMISSION 6F THE C[TY,OF RANCHO CUCANON611 ATTEST I, Brad 8u 11er, Secretary of the Planning Cbewtsston 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 Lucamonge, at a regular meeting of the Planning Commission held on the 12th day of Septsber 1990, by the following vote-to-wt t: AYES: COMMISSIONERS: NCNIEL, MELCHER, TOLSTOY, NEiNBERGER NOES: COMMISSIONERS: CMITIEA ABSENT: COMMISSIONERS: NONE ~a8 CITY OF RANCHO CUCAMONGA STAFF REPORT GATE: September 12, 1990 T0: Lha irman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, Senior Planner SUSJ EC T: CONDITIONAL USE PERMIT 78-03 AMENDMENT - SAM'S PLACE - A request to extend the hours of operation for an existing bar and restaurant, located at the northwest corner of Ca rnel tan and 19th Street in the Neighborhood Commercial Dis tr itt - APN: 201-811-56, 58, 59, and 60. (Continued from August 22, 1990.) I. BACKGROUND: On August 22, 1990, the Planning Commission conducted a publ lc hearing to review the proposed request as described above. The Commission directed staff to prepare a Resalutton of Approval extending the hours of operation from 11 p. m. to 12 midnight on Sunday throw oh Thursday and from 11 n.m. in p a.m. Friday and Saturday. A full menu should be available during ali business hours. The Commission also stated that the use should be reviewed in six months for compliance with the Conditions of Approval. Attached for your review 1s the Resolution of Approval with the appropriate conditions. If the Commission concurs, then adopt ton of the resolution would be in order. Res a ly su Bra B filer City tanner BB:NF/,{fs Attachments: August 22, 1990 Planning Commission Staff Report Resolution of Approval iii x yr xnlvt;tiv ~ut;nmt~rvi;n STAFF REPORT GATE: August 22, 1990 T0: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner 8Y: Nancy Fong, Senior Planner SUBJECT: CONOIT IONAL USE PERMiT 78-03 AMENDMENT - SAM'S PLACE - A request to extend t~c~ hours of operation for an existing bar and restaurant, located at the northwest corner of Carnelian and 19th Street in the Neighborhood Commercial District - APN: 201-811-56, 58, 59, and 60. I. ABSTRACT: The applicant is requesting that the existing condition of approval limitfng hours of operation from 11 a.m. to 11 p.m. be amended by extending the closing time to 2 a.m. II. BACKGROUND: In order for the Planning Commission to assess the app cf ant rs request, it is important to review the background. The business location has a long history of non-compliance and nuisance problems by prior tenants as summarized below: On December 21, 1978, the Planning Commission conditionally aMW urev Lim uuar '> oeaJ re>Lau rant with bar and encerca rnmenc. Oue to consistent complaints relating to noise, loud music, fights, and loitering, the Planning Commission had reviewed the Conditional Use Permit several times and modified the conditions of approval to mitigate these problems. Some of the mitigation measures added were ilmi led hours of operation to 2 a.m., structural changes to buffer noise, and installation of speed bumps within the shopping center. In 1983, the Planning Commission again reviewed this Conditional Use Permit due to complaints received and modified the conditions of approval through more restrictive hours of operation (11 p.m. cldsing), additional noise attenuating materials to reduce exterior and interior noise, and required implementation df a dinner menu. In 1985, the Planning Commission further modified the Conditional Use Permit by keeping the operating hours to 11 p.m., and eliminating the live entertainment use. Dn September 6, 1985, the City Council heard an appeal by the applicant and upheld the decision of the Planning Commission. '~d PLANNING COMMISSION STAFF AEPO iT AMENDMENT TO COP 78-03 - SAM'S PLALE August 22, 1990 Page 2 In Apr 11 of 1988, the 6ea is Head closed and was reopened as Strattons under different ownership. No complaints were received during the period that Strattons was open. III. ANALYSIS: A. General: This aDPlicant took over the business of Strattons in March of 1940. The business is renamed Sam's Place. It serves lunch and dinner with full bar facilities out without live entertainment. There are no changes to the interior. The menu has an Italian emphasis as shown in Exhibit "C." The dinner menu has more va rtety than the previous businesses of Strattons and Boar's Head Bar 8 6ri11. Attached for your reference is a letter dated May 11, 1990, describing in detail the business and the reasons for their request to extend the closing time. 8. Extension of Hours of Ooera Lion: The current operating hours for the bar and restaurant are limited to between 11 a.m, and it p.m. The Condition of approval was imposed to address the past problems of disturbances and noise. Since the limitation of hours of operation was imposed in 1985, the City has not received any complaints from surrounding residents. The •equest to extend the hours to 2 a.m. may create an opportunity for problems in the future. the site is very close to single family residences at the west side as shown on the site plan, Exhibit "A." Parking areas for the patrons of Lim uer could overiiow co cne parking area immediately west of the building which abuts the residences. Certain activities such as drunkeness, noise, loitering are likely to occur due to the nature of the bar business. Such activities Could adversely impact the adjacent residences. C. Pur se of Net hborhoad Sho in Center: The purpose of a neighborhood shopp ng center s to provide far immediate day to day convenience shoDDing and services for the residents of the itmmMllate neighborhood. Site development regulations and performance standards are intended to make land uses in the shopping canter compatible and harmonious with the character of wrraunding residential areas. Staff is concerned that extending the hours of operation until 2 a.m. may not be in harmony rith the single family character of the surrounEtn9 areas. 13 I PLANNING COMMISSION STAFF REPORT AMENDMENT TO CUP 78-03 - SAM'S PLACE August 22, 1990 Page 3 The applicant pointed out that the Planning Commission had approved other bar and restaurant businesses with longer operating hours in the evening, such as the Pepper's Cantina, at the northeast corner of 19th Street and Archibald Avenue. [n revfewing Pepper's Cantf na restaurant and bar, staff finds the situation different, as there are no single family residences immediately abutting the site. There are apartments located on the east side of the site while Pepper's is closer to Archibald Avenue on the west side. The single family residences are ail buffered from Pepper's Cantina by Archibald Avenue and 19th Street. D. Fire and Sheriff Oeoartments: Both the Fire and Sheriff Oepa rtments have been contacted for comments. The Fire Department indfca Led that they foresee no proof ems with the extension of hours of operation. However, the Sheriff's Department recommended maintain ing the existing closing time of I1 p.m., given the history of the site. E. Conclusion: Based on the above, staff concluded that the extensf on of the hours of opera Lion may be detrimental to the surrounding single family residences because of their close proximity and because of the nature of the bar fac tlittes. Therefore, staff would not recommend the extensf on of the hour- of operation. Should the Commission disagree, other options are available: 1. Approve request, i.e., 11 a.m. to 2 a.m. da11v. 2. Approve extensf on to 2 a.m. for Fridays and Saturdays Only. 3. Approve a limited extension, possibly to 12 p.m., either daily or on Fridays and Saturdays only. II[. FACTS FOR FINDIN65: In order to approve this application, in full or in part, the oliowing findings Host be made by the Planning Commission: A. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district 1n which the site 1s Located. 9. The proposed use will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. /~1 PLANNING COMMISSION STAFF REPORT AMENDMENT TO CUP 78-03 - SAM'S PLACE August 22, 1990 Page 4 C. The proposed use comps ies with each of the applicaDie provisions of the Development Code. IV. CORRESPONDENCE: This item has been advertised in The Inland Valley Oa sly bulletin newspaper, the property has been posted, and notices have been sent to all property owners within 300 feet Of the project site. Y. RECOMMENDATION: Staff recommends that the Planning Commission deny the request to extend the hours of operation to 2 a.m., or consider mne of the options noted above. Attached for your review is a copy of the Resdluti on of Dental for your adoption. Respectfully submitted, Brad Bu er City Planner BB:NF/jfs Attachments: May 11, 1990 Letter from Applicant Exhibit "A" - Site Plan Exhibit "B• - Floor Plan Ezhtblt "C• -Menu for Sam's Place Resolution of Dental X33 aOyN: NANNERINO >A. ?a~~.,3~. 0 May I1, 1990 Mr. Brad Buller CITY OF RANCHO CUCAMONG.4 Planning Department 9320 Baxllne Roed Rancho Cucamonga, CA 917:10 Dear Mr. Buller: Pleax be advised chat we reprexnt Snm's Place, dcing business et the address as xt forth in the attached Uniform Application for Conditlonel Ux Permit. The current owner, Luanne R. Pe1legNtw, took possession of the business duNng the xcond week of March, 1990 end purchased the business from Thomas Mulholland, who did business es Stratton's, on April 23, 1990 . While the format of the menu has changed signlflcently to emphealre Italian food, nevertheless, the pHmary nature of the bualneae duNng the houro after 9:00 p. m. remains that of a smell food end beverage vending eatabllahment Since the hours that were limited by the Planning Commission during the period oC time the bualnaaa watt known as the Bosr'a Head, requiring a closure of II:00 p.m., other liquor vending eateblishmeata have opened In the town to increase the competltloa We direct your atteneton to the number of bar end restaurants which are at the comer of Foothill and Haven, and, yc, uayo mono ayp, up,inaei), aiq IlY( aexC CO ~epper'a l.ail[Ina, wnlCtl la et she corner of Archibald and 19th Street. It fa I em sure obWOUS that thW places our client at a algdncant diaadventege In attempting to compete In the marketplace with other similar establishments whose btulness is thn axle of food and alcoholic beverages It Is thereforo necessary to expend the hours to those whleh are aliowetl 6y the Alcohol Beverage Commisaiotl, six (61 days a week, If this bttslaees W to be • Wable one to the new ptucheaers We Invite your aetenelan to the record of the ataDllahment run by Mr. Mulho0snd and point out to you that Its record la Wrtually devoid, to our knowledge, of any claims or Inclc{enta, dlsturbeltcea or cNminal actlWty, at or near this eataDllahmeat for • peNad of time In excau of two (2) years Koch Mr. MWhoilaod and the currant owner, who hu bean In poeeeaalOn since March 12, 1990, have sakes great paint to run an wtabllahment which la orderly, quiet, turd entiMly In accord with the law. There u tro reason to presume that this circumstance will change were the hours of operstlon to be extended sn edditlooal three (3) hours. The msnager of ehU restaurant, the husband of the owner, Sam Pellegrino, has managed berg and restaurann In New York for ten (IO) yeah pNar to ehelr move to the Clty of Rancho Cucamonga and clearly demonstrates the <:epabitlty of melntalning order and propriety In an astsbllahment each as this 13`~ _ '93JJ Bqa EIINE ROgO, SUITE 110 / agNCNO C9C~AIONGA, CA 917]0 /TEL (rUi 9e0•I100! fq%17iU 9t t d610 Mr. Brad Buller CITY OF RANCHO CUCAMONGA May 11, 1990 Page 2 We therefore reapecttully request Chet you consider this expansion of hours to regWre a closing time ea set forth by the Alcohol Beverage: Commission. This is ebsolutety necessary to show Chia buaSneas to wmpate wish outer Ilke businesses In the arw and will ceux ro hardship whatsoever on the surtuunding commuNty. 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''~~~' l~ ^~tL i. s 3 .. ~~ ` ; ~ . z s- I~ i ;E ~ ~ 1 i S i ~ ~: ~t;~ ~ ~~ ~, ~, ~~ W i i ,. - '_ O [' ~~ ` t ~ ~ ^ ~ * a a M N M N M M Y 1+ 1 I ~ I ~_ i i I y i j j i ~~~~ ~.Ii-~ fff ~ •~_ ~ 1 $ t~`~ s ~.~ ~,T` • ~ ~ i ~° °~ i; ,~ J W N ~~ ~ ~ .a :;•~ i ~r 3 v L ~~ bid 8 r3q - CITY OF RANCHO CliCAMONGA STAFF REPORT DATE: December 19, 1990 TO: Mayor and Members of the City council FROM: Jerry Fulwood, Deputy City Manager BY: Diane O'Neal, Management Analyst II SUBJECT: C~INSIDERATION OF TIM&8 NIRROR'8 APPLICATION FOR C:\BLE TELBVISION FRANCHISB IT IS RECOMMENDED TIMES MIRROR'S APPLICATION FOR A CABLE TEZ~EVISION FRANCHISE BE GRANTED PURSUANT TO THE ATTACHED RESOLUT.ON AND CONTRACT. BACRGROIINDe Since the awarding of the City's cable television franchise aaraaman4a in i9HF fn nrn raM e..i e5 n.. ~...r c;........... n,4 r., m. have been a number of "pocket areas" within the City that are still without cable. television availability. Generally, a significant portion of the area known as "Red Hill" has been without cable television availability. The City has previously requested DCA Cablevision and Simmons Cable TV to provide service to this area even though the "Red Hill" area is not within the In.it ial Service Area (ISA) of DCA or Simmons. DCA and Simmons have advised the City that it is not economically feasible for their companies to provide this service at this time. The City has also attempted to discuss a possible time frame with both DCA and Simmons to provide this service and have been unsuccessful ii obtaining a comm4tment from DCA or Simmons. Comcast Cablev;sion's Covnty Franchise was established prior to the City's incorpo~.-ation and was grandfathered when the City awerrded DCA's and Simmons' franchises. /~~ Times Mirror Page Two December 19, 1990 The City has been negotiating with Comcast Cablevision since 1987 for the purposes of establishing a franchise renewal which would include providing service to the entire "Red Hill" area. These negotiations have been unsuccessful with Comcast Cablevision due to the fact that Comcast Cablevision's proposal for a franchise renewal would result in a new, separate cable television ordinance. The City's position has remained consistent in that the same cable television Ordinance be in place for all of the C:ity's cable television franchisees. ANALY828: In April of 1990, Times Mirror requested negotiations be entered into to determine the feasibility of acquiring a cable television franchise within the City of Rancho Cucamonga. Those negotiations with Times Mirror have resulted in the attached contract for the Council's consideration. The proposed contract with Times Mirror specifies the same guidelines as provided with DCA and Simmons. Specifically, an Initial Service Area (ISA) has been established for Times Mirror and at t:he completion of the ISA, Times Mirror will negotiate with fho r:fv hn cvhunA hhoir franrM co anA corvi rte area a!a mntnally_ agreed Bind consistent with applicable law. Times Mirror's ISA is provided in Exhibit A of the contract and is designated as Area A and Area B. Area A encompasses th[e East End of the City and is designated as such. Area B encompasses the general area known as !'Red Hill" and is designed as such on the enclosed map. Times Mirror has committed to build the "Red Hill" area concurrently with Area A within a twelve month time frame. Additionally, Times Mirror. has accepted the City's Cable Television Ordinance as is and the proposed contract follows the same guidelines provided in DCA's and Simmons' Contract. There are specific provisions of the proposed contract whereby Times Mirror has exceeded the requirements as specified in DCA's and Simmons' contract. The Times Mirror proposed contract has been prepared in conjunction with recent applicable cable television legislation (AB 5•f3 and AB 2892). Copies of these legislative bills are attachecl to the proposed contract. I~I Times Mirror Page Three December 19, 1990 Finally, a brief synopsis of Times Mirror is attached for the council's review. Respectfully Submitted, erry Fulwood, Deputy City Manaqer JF/dgo D0:691 Attachments: Proposed Contract Times Mirror Synopsis ' 1~ ~~ ~ RFSDU]fION NO. 90a+~'~ A RE901iTFICH OF Tf1E CPPSC COfYiCII. OF TF~ CLTY OF RANCfi~ COCAMX7(,A, CALiE+OfQ17A, QtANrLT18 A (]1ffiE TELEVISION FRANCIIISE 10 TIMFla MIIdYHt CABiE TFS,L'i7ISI0N OF RIVERSIDE O]UPTf'1C, 7NC. , OBA DII~IC17 C7+tIIE SHiVICFS A. Recitals. (i) The City is authorized to grant, renew, std dairy fracxirises far the constrlx:tim, maintenance arcl operation of cable television systems, an: to oUwrwise regulate cable televisim within the City's boutr)<iries bi' virtue of Federal std State statutes, the City~s police pv«~xs, the City~s authcrcity over its public ric,¢ttsbf-vay, aid City Ordirunoe NO. 220; and (ii) TSIIIPS Mirror r3ble Delevisim of Riverside County, Inc., dba Dimension Cable Services has requested the granting of a fifteen (15) year non-exclusive and revocable f+'a~i~ to uxistcvct, maintain a'd operate a cable television systaa pursuant to guidelinm established by the Cable Communications Policy Act of 1984; a7d (iii) The City of Randio Cucamotxp desires to grant said frarririse in aowrdvae with its Ordinance No. 220 and all other applicable statutes and regulations; std (iv) All lalal prerequisites to the adoptim of this Resolution have omured. O• MO~IlY1.1Vii. NOW, TiiFREEURE, the City Council of the City of Randq Cucamonga does hereby find, determine, and resolve as follws: 1. 7n all respects as set forth in the Recitals, Part A, of this Resolution. 2. Times Mirror Cable 'Ihlevision of Riverside County, Inc., dba Dimension Cable Services is hereby granted a fifteen (15) year non-exclusive and revocable frardiise to oastrvct, mai„rain and operate a cable television systao pursuant to the tesms and eonditions set forth in said francirisn. 3. Times Mirror Cable 'lNlevision of Riverside CaaRy, Inc. , dba Dimension cable Servirxs shall, within ten (1a) days of the passage of this Rescluticn, file a 0.zitten ar~xxrledgment a.•ei ac*_~?pkanne of ills franchise with the City Clerk whereupon said franciii se shall imaediately beoanre effective. 4. The City Clerk shall oertify+ to the adoption of this Resolution. I'~3 AGREEMENT AN AGREEMENT GRANTING A NON-EXCLUSIVE FRANCItIBE TO TIMES MIRROR CAELE TELEVISION OF RIVERSIDE COUNTY, INC. TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF AANCtiO CUCAMONGA AND SETTING PORTN CONDITIONS ACCOMFANYIi7G THE GRANTING OF THE FRANC}[ISE I ~~ - 1 - A G R E E M E N T THIS AGREEDiEN T, made and entered into this _` day o; 1990 at Rancho Cucamonga, Cali £ornia, by and between the City of Rancho Cucamonga, a municipal corporation of the State of Califronia ("Grantor"), and Times Mirror Cable Te leviaion of Riverside County, Lnc., dba Dimension Cable Services ("Grantee"). W I T N E S S E T H WHEREAS, the City of Rancho Cucamonga, pursuant to Federal and State law ,.nd to Title 7 of the Rancho CucaloDnaa Munici hat Code (referred to ae Title 7 hereafter), is authorized to grant one or more non-exclusive revocable franchises to operate, construct, maintain and reconstruct a cable television system with ir. the City; and WHEREAS, the City, after public hearings, has determined that it ie in the beet interest of the City and its residents to grant a Pranchiae to Times Mirror Cable Television of Riverside County, Lrc., dba Dims nsinn Cable Services. NOW, THEREFORE, the City (hereinafter also known as the Grantor) hereby gran to to Timoa Mirror Cablc Television of Ri ve raids County, Inc., (hereinafter ehs Crentae) n cable to lP~~laion franchise in accordance with the provisions of Title 7, end this Ayreement. I~~ TAHLE OF CONTENTS SECTION 1: GFANT CF FRANCriiSE. . SECTION 2: DEFINITIONS . SECTION 3: GENERAL REQUIREMENTS. . SEC^, IC" 45 CONSTRUCTION AND SERVICE REQUZ REMENTS . SECTION 5: SYSTEM DESIGN ANb PERFORHANCE REQUI RENENTS . SECTION 6: SERVICES AND PROGRAMMING. . SECTION 7: SUPPORT FOR LOCAL CABLE USAGE . SECTION S: PURCBASINGs TRAINING ANL EM3LOYMENT RERUIREMENTS . SECTION 9: REGULATION. . SECTION 10: FORCE MAJEURE; GRANTEE'S INABILITY TO PERFORM. SECTION 11: HOLD IIARMLRS3 . SECTTC:: ii. SEPARABILITY. . EX}i2 BIT As CONSTRUCTION AND SERVICE SCHEDULE EXH IHLT B; SCHEDULE OF GRANTEE COMMITMENTS EXIiIDIT C: CALIFORNIA LAW A.H. S43 Pa e a a 5 8 10 13 11 16 17 19 20 22 ' w 2 1. GPANT OF FRANCHISE 1.1 Grant. Times Mirror Cable Television of Riverside County, Inc „ a corpo ratica with its psincipai place of business located at 26858 Cherry Hills boulevard, Sun City, CA 923E1 is hereby granted for itsolf, its successors and assigns, subject tc the to rma and conditions of this Agreement and Title ~ the franchise, authority, right and privilege, for a fifteen (15) year period from and after the effective date hereof, to construct, operate and maintain a cable television system within the streets and public ways within the City of Reecho Cucamonga. 1.2 Right of Gzan ter to Issue Franchise. Grantee acknowledges and accepts the right of Grantor to issue a franchise and Grantee c;rcc~ .,, s.,>11 „uc now or at any time hereafter challenge this right Sn any way oz in any local, State or Federal court. 1.3 Effective date of Fren chive. The effective data of the franchise =gall ba the date of execution of this Agreement by the Cranto r, subject to prior execution by the Grantee. 1.4 Durntion. The term of the franchise shall be fifteen (15) yeezs from the effective de to hs roof nt which time it shall expire and be cf no force and effect. Renewal shell ba in accordance with Title 7 and applicable law. 1.5 Fran chine Not Exclusive. Tha franchise shell not be cone trued as any limits tion upon the right of Grantor, through its proper officare, to grant to other persona or corporations ~~ - 3 - rights, privileges or authority similar to or different from the rights, privileges and authority herein set forth, in the same or other arras to and public ways or public places by franchise, permit or otherwise, provided, however, that ouch additional grants shall not operate to materially nodi _°y, sa yoke or terminate any rights yrante8 to Grantee herein. 1.6 Franchise Acceptance. The Grantee, by exocuting this ngree;nent, guarantees performance by Grantee of all of Gran tea's ob ligations hereunder imposed by Title 7 end this Agreement, I1~ -4- 2. DL•FINITIONS For the pUrpoee9 Of Chia Agreement, the fo liowing words, to _-:ns, phrases, and their derivations shall have the a,eanings given herein. When not inconsistent with the context, wcrds used in the present tense include the Euture tense, words in the p~ura• number include the singular number and words in the singuiar number include the plural number. The word "sisal i" is always mandatory and not merely directory. The dsfini tions contained in Title 7 are incorporated herein as if Eully set forth. 2.1 "Agreement" or "Franchise Agreement" means this agreement and any amer.dmenta or renewals thereof. 2.2 "Grantee" means Timis Mirror Cable Te leviaion of Riverside County, Inc. or any person or entity who or which succeeds Times Mirror Cable Television of Rive raide County, I:.c, in accordance with the provisions of ehis franchise. 2,3 "Grantor" or "Ci tY" means the City of: Reecho Cucamonga or its delegate acting within the scope of its jurisdiction. 2.4 "Initial Service Area" or "IS A" means the yeog raph tc area of the Clty, identified in this Agreement, whose residents must be Provided with cnb le service prior to Grantee providing cer.___ tc ary ot.*.¢r area cf tre C'ty. 2.i "section" moans any section, subsection oY provision of this Franchise Agreement. /~ 1 - 5 - 3. GENERAL REpUIREMENTS 3.1 Governing RRm_iremants. Grantea shall comply with tho rag uirements of this Agreement and Title 7. 3.2 Franchise Fee. The Grantee shall pay to the Grantor an annual franchise fee of five percent (SQ) of Gross Annual Revenues derived from operations within the City, payable quarterly no later than April 30, July 31, October 31 and January 31 of each year, for tha preceding quarter. 3.3 Recovery of Franchise Coats. As provided for in Title 7, Gzantea within thirty (30) days aftsr receipt Prom Grantor of a wri ttan itemization, shall reimburse Grantor for its reasonable out-ef-pecker costs incurred during the franchise p rocesa, not to exceed Twenty Thousand Dollars ($20,000). J.4 Payment to Grantor. No acceptanca of any payment anaLi he construed as an accord thaC the amount paid is in fact the co r. tact amount, nor shall such accopcance of payment be construed as a release of any claim the Grantor may have foY further or additional soma paynb le under the provisions of this Agreement. All amounts paid shall be subject to audit and racomputation by the Grantor. 3.5 Liability Inauranca and Indomnifica tion. Upon Che e `fective date of the franchise, Grantes shall furnleh proof that satisfactory Liability insurance policies are in Lorca, in tNe minimum amounts of: !~~ - 6 - ° Workers' Compensation -- As Yequized by the State of California. ° Comprehensive General Liability -- $1,000,000 each occurrence; $5,000,000 umbrella. ° Comprehensive Automobile Lieb iliey -- $1,000,000 The liability insurance policies shall be maintained throughout the duration of this franchise, with a certificate indicating coverage filed with Grantor. The insurance carrier shall be au thori xed to do business in California. 3.6 security Fund. Within thirty (30) days after tl:e effective date of the franchise, Grantee shall deposit into A bank account of Granter, ea tab liahed by Grantor, and maintain VII vrVVt , ..,IV aY1.1 VL ,WY LGVO 4.W, •NV pY{,LLlbLL S1L 4Y 1l1V 4tl OllY Dollars (5250,000) as security. of said amount, no lees than Twen t/-Pi ve Thousand Dcllare ($25,000) must be in Dash; the camainder may be in the £a rm oP an lxrevoenb le letter of cruflit, rho form of which Se sub iect to the prior epp royal oP the Gran toz. When service has been made available to all residents o£ Area B of the IsA, the security fund shall be reduced to Twenty-Five Thousand Dollars (525,000) in the form oP an irrevocable letter of credit, and maintained at this amount throughout the term of the franchise. !51 -~- 4. CONSTRUCTION AND STURVICE REQUIREMENTS 4.1 General. The Grantee shall meet or exceed all the ma to rial construction and service requirements set out in this Franck±se Agren~ent, regardless of whether its subscriber pene- tration and/or revenue aasump tions prove to be correct. 4.2 Construction Schedule, Thn ISA is da tined as indicated in Exhibit A oP this Agreement. Gran tea shall complete system cons Cruction and offer service to all unnerved residences in Area B oP the I5A within twelvo (12) months after the effective do [e of this Agreement. Gran the shall complete construction and provide service to all residences in Area A oP the ISA concurrent with the occupanty of the reaiflances. 4.3 Liquidated Dama~ea. It 19 understood thet it is imnnn=:h1n .. •wj_ N ~ _ r`~~~~~~iy nn~erLnin Lfle total oxtent of damages which may he inevzrod as n result of a Pailure by Gran ten to complete cons tructlon within the construction pa riod specified in th ie Agreement. Such impracticality arises out of the dif £icul ty of ea tabliahing a cost Pox future damages suffered by the public who ass denied services or thn effect o! non- eompletion with respect to Snconvanlencs, anxiety, frustration, financial loss, affective and efficient regulation of the franchise fur the promotion ens protection of the public convsnlence, health, safety and/or wellaro, or other Pacto re which are incapablo oP me as urnment in precise monetary terms, Therefore, Grantee oPte ra and agrees to compens2te the Gzan for in the amount of Five Hundzed Dollars (5500) per day for each calendar Bay on which Grantee / ...) 8 has not completed construction of the eye tam and provided service to the residents of Area B of the I5A in ecco rdance with this Agreement. The Grantor, upon a proper showing, agrees to waive such liquidated damages in the event that a failure to complete such construction arises out of Acts of God: earthquake, li ghtniny; flood, fi rc; explosion, riots or civil disturbances; or other cause9 not foreseeable and beyond the control of Grantee. For any schedule delay that may occur, the burden of proof shall be on the Grantee to demonstrate that such de ley wns beyond its reasonable control or was not reasonably fo reseeablo. The imposition by Grantor of any damayes shall be in accordance with the proceduraa set forth in Section 9.2 hereo.£.. 4.4 Riaht of Tn~rw r+Ine ni n...... _.._..-_ GL a,w~ bi:ail have the right to inspect all construction or installation work performed subject to the provisions of the franchise and to make such tests as it shall find necessary to ensure compliance with the terms of the franchise and other pertinent provisions o£ law. 4.5 Provision of Service Outside the ISA. Subaequont to provision o£ ae rvice to all residences of Area B of the ISA, Grantor and Grantoe ahali negotiate in good faith to reach an ag raes~nt within ninety (4a) days altez a Gran tes request, to extend Grantee's franchise and service area as mutually agreed and cone is tent with applicable law. The negotiations shall include appropriate Lndemnification to Grantor against litigation that may contest the validity of any such extension of service area, aupe reeding or modifying the hold harmless provisions of Section 11.1 herein. ~ S.3 _ g 4.6 pos~+ble Termination of Franchise. Grantor and Grantee agree that Gran tom may terminate this Franchise Agreement under either of the following circumstances: (a) If Grantee offers the ftanchiae for sale, prior Co the provision of ae rvice to Area D of the ISA and to ali occupied residences of Area A of the ISA. (b) if Grantee has not acquired a suitable headend site for Sts cable system in the City, within six (6) months of the effective data of this Agreement. 4.7 Office. Grantee shall provide an office within the City no later than the date of completion of service to Area B of the ZSA. Grantee shall provide a toll-tree telephone number for calls from City subscribers. I~ - 10 - S. PYSTEM DESIGN AND PERFORMANCE REOVI AEMEN^S 5.1 System Capacity. The cab to television system shall be installed to deliver signals at Lrnquancies up to al least four hundred Fifty (4501 megahertz (MHz}, with specific capacity as indicated below. Signal Signal Frequency Channel Direction Range Capacity Gutbo and 54-q50 Miiz 60-02 Video + cM Inbound 5-30 MHz 6 Video + Data 5.2 Capaci tl' for Interactive Residential Services. Grantee shall provide the capability for interactive reaiden ti al services. When such services are offered, all customer equipment necessary for such services, such as addressable interactive converters, home terminals and home detectors, shnll be provided to subscribers oy Grantee in accordance with established and uniform rate schedules. 5.3 Cab lecss tinq_Facilities. Upon the affective date of this Agreement, Grantee shall provide a capital grant of $15,000 for cab lecastin4 equipment, which may be located at Chaffey Community College. The College, through contract with the City, may manage the Public, EQucetional and Government (PEG) access program Lor all access ueora of the cable sys tam. In consideration of the equipment grant, Grnn tee shall ~~.ot be req uirea tp provide any additional local origination or access facili tics ~r peraonne 1. 5.4 Interconnection. Upon Grantor request, Grantee shall negotiate Sn good faith to Sntezconnect access channels of the cable to levialon system with octher cable syatama in the City. S...l _ 11 _ Within three (3) months of a Grantor request, Grantee shell report to Grantor the results of the nego tiation9. 5.5 Emargenc~ Alert Capnbility. within six (6) months aftsr a Grantor request, Grantee shall provide the aystam capability to transmit an emergency alert signal to all participating subscribers, Grantee shall also provide an emeryoncy audio override capability to permit Grantor to interrupt and cab le cast an audio message on all channels simultaneously in the avant of disaster or public ease rgency. 5.6 Standby power. Grantee shall provide standby power yanszating capacity at the cable communications eye tem control canter and at ell hubs capable of providing twelve (12) hours of emergency power supply. 3.7 Pa.. ranr:ct r~..r-..i _ - „~ancee Snell provide subscribers, upon request, with a parental control Locking de vita or digital code chat parmits inhibiting the video and audio portions of pay channels. 5.8 Technieel Standards. The Federal Communieationa Commisalon (FCC) Rulers and Requla lions, Pert 76, Subpart X (Tochnical Standards) and any amendments them to, shell apply. Grantee agrees, however, to utilize the following porformonce otjecu v.;a as into rnel yonla and ons indication of Grantee's quality service. Grantor end Grantee agree that the performance objectivae, in themeelve a, will not be used to indicate any breach of the franchise. ~~ -iz- ?er£ormsnce Obie ctivee (longest amplifier cascade) A. Signal to noise ratio 45 d8 B. Hum Zy C. Compoaitt beat rs tic -55 dH U. Cross undulation ratio -55 dH /57 - 17 - 6. SERVICES AND PROGRAMMING 6.1 Services and Programming. 9nlese emergency conditions prevail, Grantee shall not reduce the number of basic program services without at least thirty t30) days prior written notification to the Grantor and to subscribers. 6.2 Leased Channel Service. Grantee shall offer based channel service at nondieeriminatory rates an3 on reasonable terms and condi tiona, in accordance with applicable law. G.3 Public, Educational and Government (PEG) Channels. Grantee shall provide the aye tam capacity indicated in Section 7.2(c) herein fot public, educational and government usage throughout the life of the franchise. Grantee may ut311 se such chennela it not utilitafl foz PEC purppaea, but eha 11 relin9uish the channels wi rhi^ cis ;Gi uWntns Of a Grantor notification of intended use. /~~ - 14 - 7. SUPPORT FOR LOCAL CABLE USAGE 7.1 Public, Educational and Government Access. Grantor, at its option, may delegate to an independent non-profit entity, such as Chaffey Community College, the authority to manage ?EC channels, support funds and other considerations provided by the Gran tea and/or others, designed to promote and develop public-benefit usage of the cable gygtem. ^.2 Grantee support for Public cable System Usage. Grantee shell provide the following or equivalent auppo rt £or public cable usage, ae a minimum: fa) Provision of the attest equipment grant deai gnated in Section 5.3 oL this Agreement. (b) Provision of a grant of ant dollar (51.00) per subscriber per year for PEG access support annually for the life of the franchise, based on the number of basic avbec ribeis connected to the system at the end of each year. Grantee agrees that this treat is not a franchise fee, but rather is made in lieu of the Grantee providing and maintaining public access },'acil i{,ES . (c) Grantee agrees to make available for Government and Educes tionel use one (1) composite video channel. This channel shall be dedicated for the term of the franchise, provided that Grantee may utilize any portion of this channel not sched~•±od for Government and Educational use. No earlier than twenty-four (24) months after the affective date of this Agreement, Grantor may request and Grentea shall provide a second Shared channel for Educational and Government use. Grantor msy not submit ^uch a request unless the access channel already IweiO9 utilized is cab le tae ting at least one /59 - 15 - hundred (100) hours per aonth for aix (0) con tinuoua months, of unduplicated video programming, and, further, that additional contemplated Government and Educational prcg=amming cannot effectively utilize the exiating channel during the time it is availab la. 7.3 All items indicated in Section 7.2 above shall be provided in accordance with the schedule attached in Exhibit 3. ~p0 - 16 - 8. PURCRAEING, TRAINING ANU EMPIAYMENT REQUIREMENTS 9.1 Local Purchaeina and Nirinq Policy. Grantee shall establish a policy of employing City residents within its own operations, and/or utilizing City-based firma fez purchases and construction subcontracts, to the maximum extent possible. Grantee shall provide Grantor with a written report o! local purchasing and Nirinq achievements, upon reasonable Grantor request. 8.2 Equal EmploymenC Opportunity and Affirmative Action_ Programs. Throughout the term of the franchise, Grantee shall conduct its buainesa as an Equal Employment Opportunity/ Affirmative Action Employer. in addition, throughout the term of the franchise, the Grantee shell maintain a policy that all employment decisions, practices and procedures era baaed an merit and ability without discrimination in violation of State or Pedezal law on the basis of an individual's race, color, religion, age, sex, national origin, or phyaica: or me.-.tal handicap. The Crantoe'9 policy shell apply to all employment actions including adve rtisinq, recruiting, hiring, promotion, tranefsr, remuneration, selection for Braining, company beneEi CS, disciplinary action, lay-off and termination. The Grantee shall carry cut this pclicy thrcugh ccntinuod 3edication to a determined and sustained effort to provide equal employment opportunities to all by taking affirmative action to employ and ndvauce in employment qualified women, minorities, persona who are physically or mentally handicapped antl vstarans. W~ - 17 - 9. kLGOLATION 9.1 Franchise Reeula tion. The franchise granted under this Agreement shall be subject to regulation by Grantor in accordance with Che provisions of Title 7 and applicable law. 9.2 aemedies for Franchise Violations. (a) In addition to the remedies For delays in con- struction as specified in Title 7 and Section 4.3 of this Agreement, Grantor reserves the right to impose the following remedies in lieu of liquidated damages in the event Grantee violates any other material provision of the franchise, provided that Grantee has not commenced corrective action within thirty (30) days written notice by certified mail to the general manager of the Grantee. (1) Assess damages, not to exceed Fifty Dollars (5501 per day or per incident, for Grantee's individual willful and/or repeated violation o£ the Erse chisn or failure to tako corrective action with respect to n vie lotion of any material provision of the franchise. (2) Acquire Grantee to make rate rebates to any customers or classes of cue tourers for degraded yr interrupted service in such amount and on each basis as Grantvr may deem reasonable. l v! e~ -le- (b) In the event the stated violation is not reasonably curable within sixty (60) days, the fran shies will not be terminated or revoked or damages assessed pursuant to Secticn 4.3 or 9.2(a)(1) of this Aereement if the Grantee providos, within the said sixty (60) days, a plan, sa tiafactozy to the Grantor, to remedy the violation and con tinves to demonstrate goad faith in seeking to correct said violation. (c) In determining which remedy or remedies for Grantee's violation are appropriate, Grantor shall take into cons ids ration the nature of the violation, the person oz persons bearing the impact of the violation, the nature of the remedy req aired in order to prevent £vrther each violations and such other ma tte zs as the Grantor may deem appropriate; provided, haws var. hhaf wAnnna •n mnA1.. w e• s.w t.w.......a is ~_ .._ _..___ ...___ __ _.~_.._- __ _C_..CC ~.. in any way materially lessened, or if. any material provision of Chia franchise is not rnmplied with. (d) Within ten (10) days after receipt of a written notice of a violation from Grantor, Grantee may request n hearing before a Grantor-designated hearing offieez in a full ;. ••t lic proceeding of Fording due process. Such hearing shall be held within thirty {30) days of the receipt of the request therefore. /~3 - 19 - 10. FORCE MAJEOREt GRANTEE'S INAEILITY YY1 PERFORM 10.1 in the event Grantea'a performance of any of the terms, condi tione, obligations or requiromants of this franchise or Title 7 is prevented or irraired due to any cause beyond its reasonable control or not reasonably foreaaea6le, such inability to perform shall be deemed to be excused and no penalties or sanetiona shall be imposed as a result thoroof, provided Grantee has noti £ied Grantor in writing within thirty (30) days of its discovery of the occurrence of such an event. Such causes beyond Gxante~'s reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of cod, civil emergencies and labor unrest or atrikea. ~ `~'`~ _ Za_ 11. HOLD HARMLESS 11.1 ~rhe Grantee shell defend, indemnify and hold harmless the Grantor, its officers, boards, commie siona, agents and employees, and each of them, against and from any and ail claims, demands, actions suits, liabilities and judgments of every kind and nature and regardless of the merits of the name, arising out of or related to Grantee's exercise of rights arising from the franchise granted pursuant to Chia AgreetnenL and to mitle 7 including coats of investigations, attorneys' fees and court costs in the defense of any netiona, to the extent that such claims or demands are alleged to be the ren ulC of any error, omission, intentional act or negligent act of Grantee or any persona employed by Grantee. With speciii~ a.__s^~A to Cali £ornia law, Gzan tee agrees to inden:ify and hold Grantor harmless from and against any lawsui to which challenge Grantor'; iaauanco of a cable television franchise to Grantee under Calito ru is Assembly Bill 543 ("AB 543"i, which became effective January 1, 1990 (a copy of which is attached heseto as Exhibit C). In the event of any lawsuit elleging thnt Grantor violated AB 543 in the issuance of a franchise to Grantee, Grantor shall: (a) Promptly notify Grantaet and (b) Grant to Gran tae full control of the defense and settlement of such actiont and (c) cooperate //~__ully with Grantee; end ~W~ - 21 - (d) Make no mmpromiae or settlatmnt of any each action without the prior written consent of Cran tea. The settlement of any claim or action by the Grantor without Grentee's prior written consent will release Grantee from its oh li gationa contained in Chia A.B. 543 indemnification. This indemnification shall continue in effect !or a period of up to one (1) year following the effective date of this Agreement, or when Grantee has completed ite service re~uiremente for Area B of the ISA, whichever occurs leter~ and provided, that Grantee shall continue that indemnification throughout the full period of Litigation, should any such litigation take place. / ~~ _ 22 _ 12~. SfiPARABILITy 12,1 If eny material section of Titie 7 and this Agreement, as determined by the Grantor, is held to be invalid oz preempted by Federal or SCate regulations or laws, the Gran for shall negotiate with Grantee appropriate modifications to this Agreement to provide reasonable relief lrom such invalidity or preemption. If the parties are unable to zaech agreement on such modifica- tions, the dispute will be submitted to an arbitrator, in accordance with California lnw, who will determine what modifi- cations am eppmpriate and the arbitrator's decision shall be binding on the parties. /~~ -23- IN WITNE55 WHEREOF, Grantor and Grantee have e~tecUtad this Agreemane the date and yeez first above written. APPROVED AS TO FORM: CITY OF RAHCIiO CVCAMONGA A Municipal Corporation By City Attorney Mayor Data ATTEST: ~i cy 1:18rK (SEAL) TIMES MIRROR CABLE TELEVISION OF RIVERSIDE pOVNTY, INC. Dnte ~~S EXHIBIT A CONSTRUCTION AND SERVICE SCHEDULE i~9 13) After the ae cond (2nd) system and services re view, six (6) years Erom the effective date of thin Agreement, the City may issue £indinge indicating that an indepandent Znstitutionel Network is economically and technically faaaible and may require the construction of Chia network. Such a requirement shall 6e imposed on all Grantees concurrently. 17~ ~'{. MAP I ~/ ~-- :~_- - - - - _ .., .. " -- -~ ~~- I .., ........ ~' III ~~~1-yI111 ~ - - _ ~ `_1 ~ _ _ '~ '~ ~ .... _ _ 1 u uru.un ~ -_ ~~ ~ ` , i -i ~ . ..r .mn~. . u I ~ _~. ~ I / C! r~ ~~ ~ __ ...~ - A.: ~. T- _- _ - r~~ ~ ~ -~- fir nm -~. ~ ~ _ 1 ` ur nnn>n 1 ~~~~- ~ r J ,;. I 1 . .u unin. _ i ~J ~r .a= j - ur uar 5 d I' ~ J _ _ s `.~ I~ ~ 7~- _,_I EXHIBIT A {1} The Initial Service Area (IHA) is defined as Area A and Area H, as outlined in the ¢ncloaed map. Area B lice within the franahl sa and service areas of other Gran twos (Comcast and DCA Cablevision). Grantee agrees to make service available within twelve (12) months of the effective dato of this Agreement to all homes within Area H not ovrrantly served by any other franchisee. Grantee has no obligation to oFFer ae rviee to any residence se rued by another Grantee. Grantee shall be persd.t tad to construct a transportation trunkline De tween Area A and Azea B for the purpose of delivering signals From its headend to the ISA. (2) Grantee shall offer service to Area A concurrently with cong+ie ~i.i~. W.d c-- ^"^^,' of sesideneas in Area A. (3} Grantee shall not be required to provide activated two-way capacity on the residential network for at least three (3) years after the effective date o£ this Agreement. Ater the first system and services review palled for 1n 8ee tron 7.03.080 of Title 7r the City may issue findings indicating that activation is economically and technically feasible and may require such activacior. withir. a r^_aeonabie Feriad. 173 EXHIBIT E'~ SCHEDULE OF GRANTEE _OMMITME.tl1`S I/~ EXIIIHIT B (1) Cranchlae payments shall be made quarterly on a calendar traeie, and tre due and payable wl vain 30 days of the end of each quarter. (2) The cablecasttnq equipment grant of Section 5.3 shall be provided upon the of feetive date of franchise. (3) The PEG access support grant• of Section 7.2 (b) ehnll be provided no later than January 31 of eech year. ~.J y:. ERHIBIT C CiwIFOANIA fAW A.B. 543 I~~ AMENDED iN SENATE AUGUST 2S, 1980 AMENDED IN SENATE AUGUST 91, 1980 uunontan ccmta*vu-aw~ao uan.~u rduoN ABBEMSLY BILL No. xi3 lntrodund by Awmbly Member Moon February 9, 1080 An set W amend Saetlon 89098 of, to add Saetlon b30e&J to, the Government Coda, raLttn~ to oab4 telavUtan. t:ew.~rn~a caaaaa ormr A8 9M1, as emandad. Moore. Cabo tatavislwi. Eslslta~ law auttunisa tba Rarttlns by a Qtly. county, or elty and aouaty of a oabU ar aomtouptty antataa alevuton rydem. Edstlni law aLo reeuires w P~rhN. rtNUw.. coa~mlasiat to wtabtlsh Bad emtorw rata;--tau, and eondltloas for pob attaohmanh or reamapmenta when a publto utWty sad aalda tekrvlslon oorporatton or auociatloa w w wwo s~wvuwe eyrrenl Wlnlent 4ltanCldM. The b!]1 urou:rt state 1ag41attve Andfnss and aaciaratlonq and would specify andt~aoadlNotu~that~~wrdd~ha~dba rtut boon aec~b talevlrion fraaehlsa could be granted In as Brea where a Irwoblsa tau ahsady bpereenv~ananbd. The.bdl would provide county ~~conddlletla8 the a~pyprov~ilc orn ~ or di~ as oddttkmal cable rervtpe Fnoohtw 1n any .,va of tt!! city, on whe~t~or not the ~tl~ to make `Host determfnatloy Brant ebe addltlmul franch4e within 8 n a ~~~ e a~ ~~~ w ~~~,! ~~~~ ~~~~ ~~~ ~~~~ ~ a db7~ a'1 ~~1, ~ ~~~~~ ~~~~~~~~ ~a~~ ~~~~~~~8~~~~.~~a~~~~ ~dl.~ 9x 6p~~~1 ~~~ ~~ ~~~~~~~1 ~ ~. ~~~ ~~ ~ ~~ ~• ~ ~~~ a~e~~~. a b~ ~ ~ ~ ~ b• &~ ~~ ~~~ i e~ ~ N~`~~ ~~ = ~$ ~~~~~a~ b ~~~ ~ r,~~ ~~~~ . ~~ ~~ ~ ~~ ~~ ~ s~~ ~~~ o~ •c ~~~sg~ ~ ~'~ ~ ~~ ~ ~~ s~ ~~ ~ w«~.~mFbay~~~~~~s-saaas~s~~aanaaas~aA~n~a I I e A~~ ~yy~~ .4 ~b ~•C'B 'b~d~ 'g 5y ~~~~ b ti ., ~ r n .iurW r ri a ~ 0 • ~~~ ~"~b~ ~~~~ 1 C~~+~~; E ~ ~ ~~~ ~.~~~~b~~ ~ ~ ~ a ~b5a ~ ~"~ A~yy~a~~ ~~ 1~ ~ a 7 ~ ~ ~~~ ~ ~ b ~ ~ a ~~ ~~~~~„~ D~~'A~ N~ ~ 8~ ~ ~ ~~~ ~ ~~ ~~ g~~ ~ N~:~~ b~' ~g? i6 1 ~! ~. N ~~~ ~~~~ ~~~9i~~ ~~~~~9~~ ~~ r«AlNYPra~~.yil.~~i .~.a;Aaaaxaaaaaa RNFiX I ~~ i N ~e~a~~ ~~~ ~~~ ~ ~~ ~,~ ~~~ ~~ A ~~, ~ as ~v ~~~~~ ~~~~~~ ~ ~~~~ ^i ~~ ~b ~~ ~ ~ .«e~vamtimp~~ ~~ ~'~ ~~~ ~~ S~ ~ ~~~ 9 ~r~~ ~ ~.~~~~ a~ ~~~ ~~ ~~~~.~~~ ~~~~ ~~ ~a~~ ~~~~ i~9 ~~ ~~o~~~~ ~~ ~~.~8~6..~~.3i~ ..Mn •nmhmmO•.J~`3Sh=~9.m.~aNA7iq~GSBIf n!1A~19RF+~IW1 CA11PnaNU I.rGISLANPB~1Gaa-W A6CULAa 56ti470N ASSEMBLY BILL No. 2882 Introduced by Aswmbly Member Moom ~- I'ebruery 13, 1990 An act to emend Section b3(Kig.3 of the Government Cade, relating to cable televWon. uscmaam oourlact.s woerr AII PARE, as introduced, Moore. Cable televWon. Pedaling law empowers any dty, cosmty, or city and wunty ir. the state to authottixe by Frapchiae or licetne the construction of a community antenna television system. `, I,xisting law requires any franchise ggrrouted to provide cable televldon service to an area already franchised and served by en exlating cable operator to requtre the kanchiaee to wire and serve the same geognphlcal ere0. and [o contain tke seine public, educadonal, and governmental accea requiremenh that are rot forth is fbe exkting franchise. This bill would limit that rmnbom,mf ~n nq~ edAlNnw_I franchito to provide cable televidonservice fn an area in which a franchise hu already been granted rnd where en existing cable opentor to providing aervlce or certifies to the franchising authority that the e><tatlag operator Is reedy, willing, and able to provide service. [t would also require the franchisee to wire and serve the geogrsphlcal area within a reasvneble lima, and in a sequonce which does not ~ discriminate agolmt lower income or minority residonh. Vote: mglodty. Approprietlon: no. irisCal committee: no. State-mandated local program: no, sa so ego AB 289'2 -2- The people of rho State of CahYornia do enact as follows -' SECTION 1. Section 53086.3 of the Government Code fs amended to rend; 58086.3. (a) if a city, county, or city and county elects tc gran! an additional cable television franehfu in an aroa where a franchise has already been granted to a cable .~ televtston operaror, tt shall do so only after a public hearing noticed pursuant to Section 6066,1n a newspaper of general circulation as defined in Section 8000, where all of the foilow[ng have been considered; (1) Whether there wig ba significant iwlttve or negative impecG on the rnmmunity being served. (2) Whether there will be an unreasonable adverse eCOnomlc or aesthetic impact upon pubRe or privdc property w[thin the area. (3) Whether there will be an unreawoable disruptimt or incortveniegce to eaistlag uses, or any adverse affect on future tae, of uNhry poles, publte easements, and the public rlghis-obway mhtnry m the intent of Sealion ,.,, ?67b of the Public Utgittes Code. (4) Whether the franchise applicant has the technical and Financial abWty to perform. (6) Whether there 4 any impact on the franchising ~ -L;!;~.:tv s interest in baving uafversal cable service. (6) Whether other a0.tieiy i-~--fir. generally considered by Ganchising authorities will ba met, (1) Whether the operation of an additional cable television system in the community is economically feasible. (g) Such other additional matters, both procedural and substantive, as the franehising authority may determine to be relevant, (b) Nothing in [his section prevents any city, county, ~' or city and county from constdeNng the approval or denial of an additimtal cable service frmchise to a8 er any par! eF the area of the city, county, or city and county, subject to compliance with sulxNv4ion (d), or the imposing n[ additional terms and conditions upon the graniing of the franchise, as the city, county, or city and -.' W a0 V -3- AB 7892 ~. v v ,~ i 2 3 4 5 6 7 8 9 10 I1 12 la 1~ 15 18 19 la is 20 21 22 29 9A 25 county determines is necessary or appropriate. fe) The city, county, or dty and rnunty shall make a final determination as to whether to grant the additional franchise within sir montla~ of the application date udess the Jurisdietloa can establish that the • cant has unreetonably delayed proceedingp dedgned to conrider the matters eat forth in paragraphs (1) to (g), inclusive, of subdlvldon (a). (d) Any additional fmnchiw granted to provide cable televWon service in en area a4e•dy bed red easved by •e ~S sable eperater io wblch a franeblae hu'alneedY been granted and wbere an edrtlng cable operator fd pro aervlcn or csrtlAes to the francbbing authority t t It Is ready, willing, and ab/e to prov/de service, shell reeqquire the franchisee to wire and serve the rams geogr•~htoal area within a reasonable time and in • sequence wfdeb does not dtsvlmmrte against bwer btmme w tnlnerlty rmftknts, and shall contain the same publk:, educatiund, and governmental accew requiret~tp that aro tat forth in the eristina franchise. This wbdlvisian door rwt apply wbora al) asirtLrg Able Operators aerfify to the fianc64trtg authority that they do not intend to provide ssrvlee wllhin tl M ...i.le Nm~ ,n ,L.. _ . , . „ r... ~i w ,V uy NNN,W J JOI VO,1 by the additlooaf frarrcidte. O w tt ~~ TIMES MIRROR SYNOPSIS Times Mirror Cable Television is a Delaware corporation and is solely owned by the Times Mirror company, one of the country's most successful and highly respected media communications companies. The Times Airror company is publicly held and has interests in the radio, television and newspaper business as shown in Exhibit 2. The Times Mirror Company is a California-ba=ed, Fortune 500 corporation, and is backed by a long tradition of excellence in communications, beginning with the publication of the 7os Anaeles Times Press (subsequently becoming the 3,0~ Angeles Times) in 1881. Since that time, Times Mirror has Seen recognized for its commitment to quality in all of its <;om•nunications enterprises. The Los Anaeles Times, w a :end The Hartford Courant have won a number of prestigious awards for journalistic excellence. The newest member of Times Mirror's family of newspapers, the Baltimore Sun newspapers, has bean awarded 12 Pulitzer prizes. In additior„ the I~os Anaeles Times and Newsday have been named two of the nation's 10 best newspapers. Like these other Times Mirror subsidiaries, Times Mirror cable Television can point with pride to several achievements over the years, both nationwide and in Southern California. In 1972, we built one of the nation's first cable television microwave systems interconnecting our systems in Riverside county, San Diego County, Orange County and Palos Verdes. '1'h 1S 60pn16t1C0L0G m1CI0WaVe 6yBLem 6nilalWtlu niyuai yuaiii.y. Times Mirror Cable Television wes the first cable operator in the united States to develop its own computerized data processing system to service customer accounts, a product which has been purchased by other major cable operators. Today Times Mirror Cable Television serves more than 1,100,000 customers in 17 states under the dba of Dimension Cable Services, Inc. our commitment to Southern California remains strong and highly visible. Our parent company is headquartered in Los Angeles, and Times Mirror Cable Television's corporate headquarters are located in Irvine. We currently operate cable systems in San Diego county, Orange County, Riverside County and on the Palos Verdes Peninsula (Los Angeles County), serving over 259,000 customers. This geographic concentration means that the system serving the Rancho Cucamonga area will have quick end easy access to our corporate resources and that we are, and will continue to be, a major supplier of cable entertainment to Southern California. Times Mirror Cable Television has provided cable television service in California since 1970 and currently has over 19,868 miles of cable system in place throughout the U.S. The system we propose to build for Rancho Cucamonga will be constructed, operetad and maintained in excess of the Federal Communications Commission's minimal technical standards. 183 - CITY OF RANCHO CUCAMONGA STAFF REPORT OI~TE: Deoaober 19, 1990 'ID: Mayan and Members of the City (.tiunil FIiC~1: Diane O'Neal, Management Analyst II SOA7NCP: C 10 Atl@O Iaffi+~S OHI102AtiC6 H7[ A~ P1iAIS1R7 R~QIIaM' PA19ffilf RR 1~+~ ~IECE~I S®NICE4 It is r'ecv~merdes that an advertised public hearing be set to hair this matter at the Camcil's January 15, 1941 meeting. BACRC~IRII1 7Y~e proposed amendment to the City's RetUse Ordinance would institute mardatc¢y refl,~ collection city-wide effective Jat7uary 1, 1992. The tYrvirormental Management Cameision reviewed the draft Ordinance at its October 25, 1990 mectirg and corahx~tsi an advert-~ public hearing at its Novanher 25', 1990 meeting. Additionally, the omission had requested that the draft mandatory Ordinance be shared with the Ctatn6er of ~merce's Governmental Relations Crnmittee far input and comment. Also, the Chamber wa:: notified in advance of the ~missicn's advertised lublic hearug regarding this matter. One memher of the C,overrvserttal Relatiom Oo®uttee apposed the propoeeed Ordinance and no other amments were presented by the tliaaJier. At the ~vnissiwi's NovPmbPr 29, 1990 meeting, ro q~position Was presented to the ~nmissi~m. A.vposed Ame~1t to Refuse orainanoe ~~ Deoaaber 19, 1990 ANALYSIS 'lhe City Attorney's office has advised that the City ~mcil is reglrlrEd to set an advertissi public hearing for this pxnposa9 amenctnent and staff is remime+srling Yhis matter to set for Jarnaary 15, 1991. 1 tied, Diane O'Neal Mat~agem~+nt Analyst ZI DO/dgo Attadment: Proposed Amerc~ent to Orditk371ce ' CJ~`.~ l~RAfT ORDIHARCF NO. AH ORDINARCB OF THH CITY COORCIL OF THH CITY OF RANCHO CIICAMONOA AHBNDIRO 68CTION 8.17.280 OF CSAPTBR 8.17 AND 88CTION 8.19.280 OF CHAPTER 8.19, HOTH 08 TITLg 8 OF THH RANCHO CHCARONOII RiR7ICIPAL CODE, ADDIH6 PHOVI8ZOR8 R8QDZRIH6 PAYRBNT FOR RSPDBH COLLECTIOH SBRYIC86. A. Recitals. (i) The City presently does not require that each individual residence, commercial or industrial establishment pay for trash collection services. This may cause the non-collection of refuse material to occur within the City. (ii) The City Council has found and determined that the periodic collection of refuse end rubbish from all residences, commercial and industrial establishments will benefit all occupants and residents of the City and will further provide for the health, safety and welfare of all persons within the City. (iii) All legal prerequisites to the adoption of this Ordinance have occurred. e. ordiaana~. NOW, THEREFORE, be it ordained by the City Council of the City of Rancho Cucamonga as follows: eeotion ;. In all respects as set forth in the Recitals, Section A, above. Title 8 of ta=he~Rancho CucamongaiMUnic ipalBCOde, Ciapamendad7tof read, in words and figures, as follows; "8.17.280 Charoes gp; Service. "A. Collection Charge. A charge for the collection of refuse shall be imposed by the permittee to the owner or person. in control oP each residential unit. The amount of such charges shall be fixed and changed from time to time by the permittee after approval by resolution of the City Council. A charge so fixed shall be a civil debt due and owing to City or permittee Prom the owner or occupant of the residential unit to which the collection service is made available. V `~' ~ DRAFT "B. Rata Adjustments. All revisions and charges levied by a permittee must be submitted to the City Cottncil for r. eview and action and must be approved by resolution of the City Council following a public hearing upon at least ten days' written notice to the permittee." ect o ~. Penalty for Violation. A. Criminal Violation. It shall he unlawful for any person, firn„ partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership, or corporation violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed g+±i lty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one Thousand Dollars, or by imprisonment not exceeding six 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 Chapter ie committed, continued or permitted by such person, firm, partnership, or corporation, and shall 6e deemed punishable therefor as provided ir. this Chapter. B. Civil, Remedies Available. A violation of any ~L t::e provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. 8ectioa 5. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. nur.Pi nn R. ~r'no rta.rn.~ un~,~ •wio n.-.a~.~e..,.e ..a •w., City Clerk shall cause the same to be published within fifteen (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. 1 ~~ "' Of~AfT PASSED, APPROVED and ADOPTED this day~of 1990. AYES: NOES: ABSENT: ATTEST: Debra J. Adams, City Clerk Dennis L. Stout, Mayor I, DEBRA J. ADAMS, CITY CLERE oY the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the day of 1990, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the coy of , 1990. Executed this day of , 1990 at fiancho Cucamonga, California. Debra J. Adams, City Clerk nuu~mwanxc~. ~.i A I ~ Q - CITY OF RANCHO CC.'CAMONGA STAFF REPORT DATE: December 19, 1990 TO: Mayor and Members of the City Council FROM: Jerry B. Fulwood, Deputy City Manager Si1BJECT: PROPOSED ACTION PLAN FOR R880L9TION OF DAY LABORER ISBDE Recommendation Approve action plan Phase I and Phase II to address the day laborer issue, and select two Councilmembers to serve ors a task force. On October 17, 1990, City Counci.L directed the Public Safety commission to develop an action plan to address the concerns of the community impacted by the day labor~ars. The challenges presented by the da}• laborers in the area of the former. Labor Camp has become an issue with which Rancho Cucamonga is dealing with on a daily basis. The loitering and other problems are not confined to the immediate area of the former Labor Camp. mhaca nrnhiamc extend from Arrow north to Rase i.i ne and from Grove. east to Archibald Avenue. The City has received complaints about laborers in the Sunrise Shopping Center at Base Line and Carnelian. city Council, on October 7, 1990, granted morn latitude in developing a plan to address this ongoing problem. The proposed plan is an overlay over the many actions taken in the past by the Public Safety Commission. The following reflects some of those actions that have been taken in the past by the Public Safety Commission of which many are still operational and effective. • Fire inspection at E1 Chico Market and surrounding apartments for safety reasons. • Fires in the area have been kept ':o a minimum since weeds have beer, abated, and activity his dre ;ped s.,,ce the Labcr C ap was torn down. e The Rancho Cucamonga Police has keen making extra petrels of the area in the early morning hou:^s, and has been handing out warnings to contractors who have been coming to pick up workers in the area. Day Labor Issue December 19, 1990 Page 2 • The Police has been making periodic sweeps of the Labor Camp and neighboring properties to keep people from establishing campsites or shelters. • The Police has and will continue to work with the INS in coordinating sweeps cf the area. • Posted and enforce "NO Stopping" zones along Arrow Route. • Cleared buildings on the Labor Camp property. • There is currently a proposed development plan for the Labor Camp property and surrounding properties. This deveiopment is currently in the normal development review processing stage, but the City does not expect to see any significant activity on the site within the near future. • The City has been talking with the property owner to insure compliance with weed abatement and other types of hazard abatement. • A letter has been sent to the Building Industry Association asking for cooperation in improving the situation by notifying their people not to pick up workers in the area. • The ri*v has hoc ~~; ;th ~h_ n ....m.m...:.. ... r.~.., _.~__~ Development Department (EDD), and has been working with them on employment programs for the day laborers on Arrow Route. • Contact County Health Department -- This has been used as a resource for determination of situations in which a health hazard may exist. • Development of No Trespassing ordinance. • Citing drivers for impeding traffic and walkers for jay walking. • Citation of vehicle drivers for illegal parkins, unsafe picking up and dropping off passengers and other vehicle code .iclat~ons as observed. • Contact county Social Services to determine if there is any assistance that can be provided in finding housing for those who are using the Labor Camp area as a campground or who have no housing. /9~ Day Labor issue December 19, 1990 Page 3 The property owner has cleared the underbrush, concrete slabs, and hillocks on the site. The City has posted in the Labor Camp area fliers in English and Spanish informing those looking for work where they can qo for help. In addition, these fliers have been aivPn to the Police and community relations personnel who work in this area for additional di=~~tribution. Also, a flier aimed at employers and contractors have been distributed alerting them to where they can find employees. The implementation of the above actions did have a positive impact on the day labor situation. However, it appears that more is needed. The City is still receiving complaints from residents, merchants, school officials and the general public about the situation. Some people perceive the mare presence of the workers as a problem particularly when there are large groups. Others have cited specific incidents such as laborers running up to vehicles, blocking entrances to driveways, parking lots and stores, intimidating customers and passersby, littering, loitering and urinating in public. At the November 6, 1950 and November 20, 1990 Public Safety Commission meetings, a number of residents expressed many of the above problems as well as the following problems: foul lannna rt_P PvPPecivP /-rach nhilA.~nn hoi..,. ba.-a_~_.-..a a...... i. fires, loud music at all hours, break ins, slow responds by dispatch, robberies, private property trespassing, residents being followed home, park usage after hours, and vandalism. The City of Rancho Cucamonga is desirous of reducing community tensions and working with all residents towards the implementation of fair, humane solutions for all involved: the workers, the residents, the business community, the general public and all other concerned parties. It is important to remember that there is no simple solution to this challenge, because these problems deal with major social issues, immigration issues, and enforcement issues. For example, the INS has limited resources and they are being spread very thin. Therefore, they are unable to provide the City with the level of service Rancho Cucamonga is seeking. Secondly, the Police DEpartment can Oniti entbrce iflw where }hPTP is a breaki.nq of the law. The mere presence of workers standing around on public property does not constitute a breaking of the law. Additionally, everyone has a need for work, food, clothing and shelter which deals with social issues. Therefore, staff believes that a balanced approach to this problem is necessary. 191 Day Labor Issue December 19, 1990 Page 4 The other challenge that we face is reflected in the reoccurrence of the problem in other areas. When pressure is asserted in one area, the problem resurfaces in another place. We believe that a resolution will be found for this problem. However, it will take everyone working together as a team. The following items with an astarisk are being presented to City council as Phase I of the action plan. The Public Safety Commission will be considering the other stops as part of Fhase II. * Develop special Immigration Naturalization Service (INS) sting operation in former Labor Camp area, and on people who pick up laborers. This would include usage of unmarked INS vehicles to pick up day laborers to confirm acceptable documentation. * Implement special. four-wheel drive patrol units for regular patrol former Labor Camp site and other vacant parcels as well as the drainage channels within the area. * Provide special City Hot Line for general usage on day worker issues. This will channel all questions or probl~=_ms to one facilitator. This person will be able to make sure all resource and components of the program are being used to their maximum. * Provide enhanced levels ox aG~.:c~ ~' =ray mprnib.4 hours when children are waiting at school bus stops. * Provide enhanced levels of evening and night patre:l. These patrol units will work in conjunction with a Neighborhood Watch Program and the citizens Patrol. * Implement a Park Watch Program. * Have No Stopping signs posting reviewed for effectiveness and consider red curhs as an added Vehicle for enforcement purposes. Additionally, We will consider extending the No Stopping/Standing signs. insure proper no trespassing signs are posted on applicable properties so that they can ba e.^.forced- * Notify residents and property owners of no trespassing ordinance. * Form a task force made up of City Councilmembers, Commissioners, school representatives, residents, business and property owners, Labor Camp representative and City staff. 19a- Day Labor Issue December 19, 1990 Page 5 * Increase cooperation among property owners. Phase II of the actior. plan consists of the following items: • Explore the possibility of working with State Employment Development Department (EDD) to set up a special work site for day workers. The City of Encinitas has implemented a Job center Program that has been successful. We are reviewing this pro9'ram and will be making a recommendation. Please see Exhibit (A). • Assist in obtaining Social Services for those at the special work sites. This can include assistance with finding day, as well as permanent jobs, housing, medical attentions and food. • Place regular advertisements in the newspaper asking that people seeking day laborers not pick up workers at an unauthorized location. • Develop a brief handbook entitled Rights, Responsibilities and other Important Information From the City of Rz~ncho Cucamonga. It will explain what is and is not aoceptable conduct. Additionally, it Will explain where a day worker can go for work or provide telephone numbers they can call for help. Th1s handhnnk wrn,lA he Aic+.~i F..fan s~^^ ^F ^*.r~_ .._ .... .-..Y workers. It will be provided in Spanish and ]inglish. ' If this action plan is approved by City Council, sta__°f will Present an update report in 90 days to the City Council. JBF/tlr JBF:636 Attachment !~3 ~~ ~~ _~ ~ - Y (Ji~.: \ 7 ~~~ .1 pR[['~ 4 ~ ' ~~ \~\ ~ L ~f L~ ®a~ 1~Ae. 1' 'At4i ~~• ~ ~~ `, ~~ - - - Y ` ~~~~~~~~~~~~ _ _ „ ~ ~~ ~ i/~ ~i,~ ~ -~1 ~,-,~,~ r~ _ ~-; t u~ ' ~-.-~ n_ --~'-~1 -- -~ LABOR CAMP , ~~ I-~~ ~1~ ~ ~ =tj-~ _.~ 1 ^ 9at rxtr ~smm I ~K, . \ ~IYTrtlllllflNY 1! J woman ~~mi IOa[IOf PNNS DlA LOY010.q/lOht94 ___. pp~ ` _ _ .ter ',,I _r--~_ .~--.- --1 ~ 9~ r- :~:._..-1-..__--- rrmv nc+ n w wrn nn n~,n ~ vi~w,n . STAFF REPORT DATE: Ds^ember 19, 1990 ~~ T0: Mayor, Members of City Council and City Manager ~' FROM: Joe Schultz, CLP, Community Services Director !! SUBJECT: PROPOSED SAN B$RNARDIsrO LbL]tiTY pARM AND OPEN SPACE pISTRICT IIPDATE ON PA7tmTCIPATION PROCEDIIRB Attache8 is information regarding the proposed county-wide ballot measure on the subject above. San Bernardino County Interim Director of Regional Parka, Gerry Newcombe, will be present to make a presentation to the council. No action is requested by Council until January 1991. Respectfully submitted, /~JY~''/^/'iq` en nh ltg, community SE~cea Director JS/kls Attachment f~ COMMUNITY, ENVIRONMENTAL ANA ECONOMIC EENEFITS OF ESTABLISHING A SAN BERNARDINO COUNTY PARR AND OPEN SPACE DISTRICT 1. Increased Quality of I.Ife and Euhauced Commuuity sad Property Values Projects accomplished through the creation oC a Park and Open Space bisVict with a benefit assessment to augmra inadequate existing funding sourecs would increase residents' quality of life by protecting natural open space and providing park avd recreation facilities. Not only does the provision of adequate parks, trails avd open space create more attractive communities, thwc amenities also increase property values. 2. Protectlov of • Natural Opeu SDaee. Especially in rapidly urbanizing areas, protection of natural open space is an urgent peed iC we are to provide future generations the same opportunities we have had to experiwce and appreciate significant scenic areas, wildlife habitat, archeological resources and outdoor eecreation areas. In addition to maintaining environmental quality, planning for and protecting important natural open apace areas also help to manage growth and Drovidc community buffers. The Cistrict would have as one of its major missions the acquisition apd protection of significant oDm space areas such as the Craftoe Hills, the Day Creek area and significant habitat in the Hear Valley region, 3. Provlsloa of ^ Ri;local Tnll System. As rho County grows, it is becoming incroasingiy difficult for residents to find pieces near the;r homes to hike, horse-beck rice and bicycle. A major function of a Perk and Opeo Space District would be to acquire trail rights of way end develop a regional trail system. The Canrn s„e w:.... r_._:, _. _ would be a major priority, Completing Saa Bernat•dino County's link iny,the "Crest to Coast' trail. Other trails would provide links from various communities to the Santa Aaa River trail system and to the trails is the pational forest. Should desert commupities participate in the District, a similar regional trails system could be developed alonlS the Mojave River. 4. Regional Park Improremeuta and Addltloas. Current funding prcci~da; developing new regional parka and severely limits the Regional Parks Department's ability to expand and improve existing parks. The new Diatrint, with its benefit asseasmevt, would provide for major improvements and expansions at regional Darks such as Cucamonga-Guasti, Glen Helen, Yucaipa and Lake Gregory; as well as facilitate the development of the new Agua Maass Regional Park ip Colton. n. Regional Cooperative Approach to Protects. The District will provide toads for projeota which bcoefit residents in both incorporated and unincorporated areas and which would likely be impossible [o accomplish without a funding source such as the District which includes both upivcarpprated areas and cities which choose voluntarily to Derticipete. These cities not only thereby contribute to regionally aigpificevt projects, but also rective a share of the assessment revenue for local park and recreation projects. ~ i9~ 6. Faodlsg [or Operatloas sad Malotenaaee of New Projects. An increasingly common complaint by citizens has been the lack of proper maintaining oC Darks and recreation (acilities, thereby diminishing user enjoyment and safety. The District would provide (ands not only for construction of new local and regional parks, recreation facilities and trails, but also for the ongoing operation and maintenance of those new projects. District funds are, however, not to be used to operate and maintain already existing Darks aad recreation facilities. Rather they are intended to provide and maintain additional parks, trails and facilities as well as to protect natural open space. 7. Malnteuace of Carreol Faading. The County will maintain its existing level o[ Cuading for the Regional Parks DeDartmeet when it is incorporated into the sew Park and Open Space District. Cities and local recreation and park districts are Similarly committing to a maintenance of existing effort for their park systems when they join the District- This ensures that the new dollars raised through the benefit assessment will not simply of [set and allow a cut in previous revenue sources, but rather will provide new facilities and projects. tl. Conpoe for Use of Dlstrlcl Fadlllles by Asseumeat Payers. Thou who pay the aueument will, ulrov request, receive a coupon for Cree or discounted admiuion to regiomll facilities uD to the value of the portion of the asuument earmarked Cor regional [acilities. 4. Income Stream for Rereane Bonds. The District could use the auessment revenue to guarantee debt repayment for revenue bonds which it could iuue periodically to provide large amounts of capital for projects at desired times. This would enable tae utstncr ro acquire lead while it is available aad to ':emplace projects is a timely meaner. 10. Sapplemmt{og of Oiher Rermae Sources. In most instances, revenues geeerated from the District asuument will not meet all of a jurisdictions' acquisition, development and operation and ma.iatcnance needs. The assessment revenue, however, does become an important Dart of a city's or districPS overall financial strategy. Elements for a comprehensive funding program normally consist oC state aad federal grants, user and development impact fees, landscape aad lighting district assessments, general obligation or revenue bonds, and other oily or district revenue sources. The assessment collected through the District supplements but dos not replace these other revenue sources to create a balanced and equitable fuodiag program for the provision of seeded Dark, trails wed reerention facilities cod the Droteetion of sigmfmant natural open space areas. To obmin more information about the District proposal, plctse coetact Gerry Newcombe et the Regional Parks Departmept (714) 387-2544. A X97 PROCEDURES FOR PARTICIPATING W TILE FORMATION ELECTION FOR THE PARR AND OPEN SPACE DISTRICT In eccerdence with Public Remvrces Code Seafon5506. b, n added bq Chapter 1017 of We Statutes of [990, of festive Jmuay 1, t 991, emcityortetseuion and park district wMch wishn to be incloded within the Part and Open Spero Disuict a[the time of its formation mustdo so byresoltttion Bits city council orgoventing hoard regvening such irntivsioa. Thereselution most he ado~ted!(tCflaaverv 11991(thedale the ambling legislauoatakes effem)and bNorcthe~i~fCopervtsots-~ ttstesol-anon pfi~ctog themeasures on the hello calling lorformanon of the Uimitzattd eothariznionforabrnefit wessmtmto be levied rn parnb withinthe District. The Baardis aapectedto act inealy February; thercfom, citiesand reaeationmd park distsitss need to act aria to Grtuarv 31 to allow [atime toaeoerue a lead desctintion based on wMch henritg ootlfication pmposoin midlaauaty, this rnewill iuclvdethemaximam disnictbovndtaies sintttlte Board, m iu Febmery henaivg, cm delete areas nheretitin and recteuioa and pmk districudo nu adopt resolmion, but cannot add area.) Thal is ^ fairly narrow "window" for adopting tewlouam, so it is imponam tbet all the aecessarygronadwork with councils a governing boards is accomplished in advance of January. The following is • suggested time line von may wish to follow to fatiliutethis process. November :.... Place item vaegenda of my commimon or adviwry board for action inNovember. think it would help to have sameorte from Reaioml Path at the meetin¢ to emwerr November 1-7..MsilbackgrovadiniarmationliafotmationpactetplmMW)toconsmissionoradvisoryboerd membmdong widtreeommrnded action: e.g. thnatheCommissiontecommetdtothelaity Council orgoverniog bead thatitadopt aresdvtionto joiathePvk and Open Space District. 19orember 8 - 30.... ARer a commission a advisory board hnmade itsrecommrndation, tnasmit an idormation nrcket with thetecommendation to the citvcoonctil aroovenrino board; include the Rnoltnioa which the covntal pgoveming bond siW need io adopt. November R - 30..... As needed, con4tt individods and ongutixations m thecommomry who/wMch would rapport the Disnitt proposd end secure letters of support [rom them addressed to the aty mnmil a govenning bond. (Pleax dso let the Kegiond Parks Depanmem know who these peoplelosganixation arc u well since their soppott might also be imponamto commoniate to the Board of Svperviaon. ) December........ Meetindividvdlywidt eouncilmembenorgovetningboard membentodisrnnthe District ptopasd; dtetnatively, 6aveasmdyysessionaworkshopaboottheDishiaproposd with the ctrancil orgoverniog bound orpotthe DistrictpprrvvppvvnnlI rntheir Decemberagrnden an iaformraioddiscassooitem. Also, place AdoptioaofRaolaUOnontheearliatpt»bble January coda. PlaopresemuionforJaooar'tvondlagovattingbowdmeeuog:amogeirr someone from Re¢ioad peas w attend ttdevted and consider wbetlwrsnppartstatemew from eommooitymembmarmgeovniomisimpatut. Janoary...........Try nget raolouonpassed nearly inthe momh npossible iacue a settmdmeeting is needed. PleaseaotifyGertyNewrnmbensoonntumlutionrryoestisgimlvsioninthe Disttictia adopted cad forwtrd the olBeidtesolutlonto the Clem otthe Board. X98 FACT SHEET REGARDING THE CREATION OF A PART( AND OPEN SPACE D1STRiCT What would a Park and Opeo SDact Disrrict do? The District would be empowered to acquire (ands for Darks, trail rights of way and natural r;scurcc protection; apportion funds Io providers of local parks and recrcation facilities, as well as participate in joint regionalJloca! projects; develop, maintain and operate regions! park, trail and recreational facilities; provide nature centers and interpretive programs; and Drovide long term management o(, or enter into management aarccmcnts with appropriate entities for. sensitive open =_oace areas. The District wnnld play a key role in enabling the County to meet its goal oC developing and implementing an Expanded Opcn Space/Trails Element oC the County General Plan to protect the County's natural resources and meet the park and rccrtation nccds of its current and future residcnts at both the local aad rcgiooal Icvcl. The District would lncorpora[e the existing County Regional Parks Department functions and provide an entity which could also acquire and manage open space areas with high wildlife habitat, regional trail sys[cros, and archeological and scenic «source values. Why is a Park and Open Space District needed? The County's population has grown rapidly in /he last decade, creating a corresponding increase in demand for park and recreation facilities and seriously impacting open space «sources. Funding for park aad recreation services is not keeping pace with the demands of an increasing population aad maintaining exia[ing levels of service requires a greater shift to user fees each year. The District would provide an important new avcnuc source to meet curzcn[ aad future nccds. Further, :he Couaty at present has no mechanism to acquire and manage key areas of rapidly disappearing wildlife habitat, regional trails rights of way and natural open space. Such acquisition and management . n ....~n.tnn• ..n.~ ..~.... ..! .. r,.~~. ....J vY.:.i .eiMU.:~ .. .,. . .. ... .•... ... ~~...... v. .. .... .. ..u~ Distort plays a crucial role in imDlemen[ing the vision the County is developing to crcatc a Pcrmancnt open space system and an adequate regional parks and trails system. Is there a reason for cities and reerealioo and park districts to jolo the Dlalrict? Cities and rccrtation and park districts which choose to join the Dis[rirt will have '[he benefit assessment collected oo parcels within their jurisdictions. These revenues will be apportioned between the city's park and recreation department or the local recreation and park district and the new Park and Open Space District. A city's or rccreatioo and park district's share may be used to fund to^,aI parks 2nd recreation projects, including community parks, recreation ceoters, senior cea«rs aad athletic fields, apd to provide operations and maintenance for new parks and facilities. The District's share would help fund acquisition, development and operation of new regional facilities and acquisition oC signii front open space areas withio the same zone ns the city or recrcation and park d i.ctricr. F.xiuing funding sources inr city narks drnar!m.nra ann .__,.atinn and pa•k districts would not 6e affected by the formation of the District. How would [he District be fupded? The District would be financed through user fees and charges, other funds from County, State and Federal agencies, apd through the benefit assessment, iC approved by a majority of the voters. Significantly, the secure revenue source from the assessment would enable the District to issue revenue bonds to provide greater upfront funds for ~qq acquisition and other purposes. The District will thereby have greatly enhanced capital funds (or major projects as well zs stable ppcrations and maintenance funding. It is proposed that the funding be apDOrtioveA to local park and recreation providers, park and Vail capital improvement projects and open space/wildlife habitat acquisition in the zone of prigiv, aad m operations avd mainttaance of the new District. Member cities and park and retrtatio:. districts could also op[ to participate in a cevevue bopd program" How will Ih. District be governed? Tht County Board of Supervisors would be the governing board of the District. It will be recommended that the Board appoint a District Advisory Committee to provide input and recemr:endatio.^.s :o the Boa: d. What is the District (ormatlov process? Legislation passed by the State Legislature and expected [o be signed into law in September by the Governor allows the Board of Supervisors tp initiate [he District formation proccu by placing a measure on the ballot to establish a Park and Open Space District. A majority vote would be required for pauage. The measure placed before the vottrs would specify District boundaries and a proDOSed benefit assessment amount, or a range within which the governing body may fix and thcrcafter revise the auessment, to provide a revenue soave: for the District in addition to general (and monies and user Cats. The District need not cover the entire county; within [he District boundaries, unincorporated areas woad be included as well as any cities avd park and recreation distnets which choose to be included during the formation process 6y City Council or Governing Board resolution. Voters within such cities avd park and recreation districts would then participate iv the election to form the District. An Ad Hoc Committee of city managers, park directors and representatives of the Regional Parks Dtpar!meat have been meeting regularly since June to develop the specifics of the District proposal, including joint projects to be funded and a revenue apportionment formula for each geographic zone within the District. Thus, cities avd park aad recreation districts would ••~•"- ~,.c%,.Ir - o .. Tatty auu upen apace utstnet would be avd do before making a decision about joining, Is the District likely to pass? In July, 1990, a public opinion survey was completed to assess voter attitudts about the importance of open space and park (acilitics aad [heir willingnes9 to pay to protect open space and have additional or improved park, trail and rtcreation facilities, The poll was very encouraging. Depending on the specific item, between 36% and 74% of the voters surveyed said it would be worth paying an additional X30 per ytar in taxes for services ranging from more athletic Ci<Ids to open space avd wildlife habitat acquisition, more trails avd regional parks facilities, and more neighborhood parks and playgrounds. There was an exceptionally strong scatimeat expreued that important open space was rapidly disappearing and chat local government should do more to protect it. When asked specifically if they would vote for a Park and Open Space District and an ann Vai parcel a5ere<_,.or bFUti pr the vpm:; ;,., vcytd suptiuried the District avd a E33 annual assessment How coo I Bet more iv(ormalim? If you have questions or desire additional ivformatiov, please contact Steve MesscNi, Director of Infrastructure, at (714) 387-2838 or Gerry Ntweomhe at the Regionsl Parka Department at (7I4) 387.2394. 4~~ ECONOMIC, POLITICAL, ENVIRONMENTAL & SOCIAL BENEFITS ACHIEVED BY PARTICIPATING IN THE SAN BERNARDINO COUNTY PARK AND OPEN SPACE DISTRICT 1. Voters Decide by Maiorky Vote of District In accordance with the enabling legislation forming the District, only a simple ~ajoriry vo:c i; rcgti:cd iv contra;: 'a ::h a 2; 3'; majority required Cor genera: obligation bonds or special taxes (Community Facilities District, Mello-lions, etc., which arc based on property values). The usual proces< for Corming a District similar to the Park and Open Space District is by resolution and protest hearing, a process often perceived as politically unacceptable by elected officials. 2. Stable Source of Fundine Unlike a bond measure which provides Cor a one [imt, Cixed amount oC revenue, the District provides as ongping source oC revenue which increases with growth frgm the creation of now parcels. The assessmevr amount could poly be reduced or eliminated by a subsequent ballot measure. 3. No Election Costs The County will bear the costs of the election to establish the District (estimated at SI50,000 - 5200,000E Individual city or local special district seeking to enact a special taz or have general obligation bonds approved would have to bear the cost o(a local election. 4. CaTDa1Qn Suayart Thcrc is evidence of suavg support by cnvirenmcrta! groups sad the development community alike far the establishment of the District; thus, it can 6e anticipated that a strong campaign iv support oC the ballot measure ~ will occur, enhancing the chances of passage. A local measure may no[ be likely [o generate the same level of active support and campaigning, 5. No Overhead Costs The County, as the lead agency, is also bearing the administrative overhead costs assopia[ed with the creation of the District. In addition to conducting the required Cinancial and legislative research and analysis, the County has coordinated Dnblic opinion surveys which help essas what type of District and assessmeni amouni fur which there is adequate vo¢r support. This Type of scicntiCic rcacarch enhagces the potential for election success. 6. Local Operation and Maintenance Fundin¢ The District will provide funds Cor local projects and Operations and Maintenance. ~" Regional ADpraach and Coa~eration for Open Space. Trail an~arlc }rrodects The District will also provide funds for joint and regional projects which benefit residents in both incorporated aad unincorporated areas and which would likely be impossible to accomplish without a funding source such as the District. 8. Re~i nal Approach and ~pooeration for Operations & Maiat~ enance The District wiU provide funds for Opera[:ons & Maintepance Cor joint and regional projects. 9. Ooen~pace Opportunities The District enables the County to take an active role in pm:~eting diminishing open space and sensitive biological resource areas, an important concern expressed by County residents during a Iuly 1990 public opinion survey where 7696 of those polled indicated that County government should play a stronger role in protecting open space from tht impacts of development. 10. Maintenance of Funding The County will maintain its existing level of effort in lauding the Regional Parks Department with creation of the new District. 11. Use of District Facilities Thos< who pay the assessment will receive a coupon for free or discoupted admission to regional facilities up to the value of the portion of the assessment earmarked for regional facilities. 1L. Inc me Stream for Reysnue Bands The District could uses the assessment revenue to guaraptee debt repayment (or revenue bonds which it could issue periodically to provide large amounts of capital for projects at desired times. The District could manage this program fo: cities aad Iocsl districts or any city or local district could manage its own revedue bond program. 13. Supplement Other Revenue Sources In most instances, revenues generated from the District assassment will pot tttect all of a jurisdiction's acquisition, development, operating end maintenance needs. However, this additional revenue does become part aC a city's or district's overall financial strategy. Elements of a comprehensive funding program norma!1-: consist nF state sad fed.-;a grapis, user and development impact fees (Quimby), landscape aad Iightigg district assessments, general obligatiop or rcvepue bonds, and other city Or district revenue sources. The assessment collected through the District is not envisioned to provide fundiag for all park, recreation, open space and trail needs. ~ ~ RE~fONAI PARKS DEPARTMENT :~`~'~'~'%; SPUBDCWOflN9GAWP 825 Ent ThiM Street • Sm Bemrdirro. CA 92415-0833 • p191 3872594 ~i/~ ~~~ ~ ~~jlllll,~, r- ~ ~ nGn, lirM•7 November 5, 1990 NOV US 19~ Lam-.-~ TO; PARK ANb OPEN SPACE DISTRICT AD HOC COMMITTEEaMEMHERS SUBJECT: REVISIONS TO DRAFT MOII Attached for your review is a draft MOU that has been revised base3 or. comments made during the Ad Hoc Committee meeting on Oc*.ober 30, 1990 in the City of Hig Bear Lake. Questions raised regarding participation by the Local Agency Formation Commission (LAFCOj in determining how a Partin.+cant might detach itself from the District have been reviewed z~~ County Counsel. It is counselts opinion that this MOU gives 11o eu`hority to LAFCO that they do not already possess relating to asse,~sment districts, and that LAFCO~s involvement is appropriate in nevi 'wing requests to detach from the District. Please review this revise3 draft with your respective legal counsels and advise me of any need to schedule a separate meeting with County Counsel. uon~t nesitate to contact me with any questions. Sincerely, ~~~j--.- GERRY NEWCOMHE Interim Director GN;smr Attachment \letters\mou.gn ~3 D ~~ ~~ 50%-50X Split 1~RaNDON OP DRDSRSTIINDING Rffii1TINC TO T8S PROVOS&D 8118 88[8OIRDIAO CODNTY P11R1C )ti1D OPEN SP11CS DISTRICT This Memorandum of Understanding (hereinafter referred to as "MOU") ie entered into on the date signed below by and between the San Bernardino county Regional Parkg Department (hereinafter referred to as ^Department") and the (hereinafter reserrad to as "Participant"). WIDDLEAS, Section 5506.8 of the California Public Resource Code, as added by Chapter loin of the Statues of 1990, affective January 1, 1991, authorizes the formation of a Park and Open Space District in San Bernardino county; end WHEREAS, ouch proposed Park and Opnn Space District would be formed for the general purpose oP acquiring, preserving, nrotectinq, operating end maintainin? open ~~^~~ ~,.r^ _ e...e"r~,,,, Pncilitias and habitat consarvetlon areas, as well as hiking, bicycle and equestrian trails; end W1D:REAS, the parties hereto expect that the Board of superviaora of the County or son Bernardino, as authorized in Public Rasourcea Code Section 5506.9, will initiate proceedings to establish a San Hernardino County Perk and Open Space District ., ~ V I (hereinafter referred to ae "District") and call an election to determine whether the proposed District should be establi.hed and whether a special benefit asseesaent should be levied on real property ti;ithin the proposed District; and WHEREA9, pursuant to Public Resources Coda Section 5606.8, it is also expected that Participant will, by resalution of its governing body, request to be included within the proposed District for open s)~iace purposes; and WHEREAS, the Department is edminletering the organization of the District; and WHEREAS, Participant and Depertsant wish to sat torch in this Mov their intent end understanding of the desired relationship between the District and Participant in the event the District 4" foraea, while rscognisinq that the District cannot enter into or be bound by agreements entered into prior to its establishment. NDW TREREFORE, the parties hereto agree as follows: .aO.~j~ 1. Revenue generated within the Participant's boundaries shall be divided Sot to the Participant end 503 to the District. Such amounts shall be dstsrmined after deductino the coats identified in paragraph 9. Participant's share is intended Por use under the sol• control of Participant for park and open space purposes as dalined in Division 5, Chapter 3, Article 3 of the Public Resources Codc and in accordance with the terms of this MOU. 2. The District's abate of rsvanues generated in the Participant's tons shall be ampendad within that zone. A zone is a. geographic subdivision of the District established for edmiaiatrative purposes. It !a anticipated that the Dlst:cict's zones shall substantially correspond to the nlanninn AIa~.~1 M. /n~nrlH~.a 1. rw~ Regional Perks Department Strategic Master Plan, dated October 31, 1988. 3. During the 11ret live years following the establishment of the District, no more than 50t of the Participant'^ share, and no more than 50= of District's share, may be used for operntiona and maintenance of projects authorized and funded attar the data o;. establishment of the District. A project is daLinsd as land acquisition, capital improvement, rehabilitation, program(s) for park and open apace purposes, and includes ~4 1 planning, such as master plane, for such projects. operatlora and maintenance costs include salaries, benefits, materials, services, supplies, equipment, and administrative overhead associated with the daily operation of the project. At no time may revenues derived from the benefit asaeeament ba used for operation and maintenance !or projects authorized and funded prior to the establishment of the Dietrlet. a. Soth the Participant and the District shall make a good faith effort to maintain the existing level of funding for parks, trails, recrnation and open space purposec. 5. It is the intent of both the Participant and the District that in thn event of annexation o! unincorporated territory within the District by the Participant, the seas shore o! revenue from the nnnsxad area committed to the tundinp o! District prof acts prior to annexation shell continue to be committed to those prof acts until indebtedness incurred by the District for said projects is retired. When this indebtedness is retired, the apportionment formula then in effect with the Participant shall be in •tisct in the annexed area. it 1^ further the intent of both the Participant and the District that should the Participant annex territory that ancompauee a pork, trail or ~p~n apace ±mprovsmant planned l;y vas Lietrict, asesssment lands accumulated !or the planned improvsmant will ba transferred to the Participant if the District sleets not to ~~ proceed with the project. The nforesaid notwithstanding, finel determination regarding the statue and apportionment of revenues generated within the annexed area shall be determined by the Local Agency Formation Commission (LAFCO) in conjunction with its approval of the proposed annexation. LAFCO's determination shall be binding on both the District and the Participant. 6. Both the District and the Participant shall be bound, upcn detachment from the District by the Participant, by the final determination of LAPCO regarding the amount of revenue to continue to ba committed to debt retirement by the Participant for dabta incurred by the District. 7. The District shall prepare or cause to ba prepared an annual audit o! revenues and expenditures by the District and deliver a copy to the Participant. Tha Participant shall conduct an equivalent annual audit regarding its expenditure o! revenues derived from the District and deliver a copy to the District. Ench entity shall bear the cost for pxepnration and distribution o! its audit trom Sts ahara of the District revanuea. B. Tha District and the Pnrticipant shall sseh prepare a multi- year Cnpital Improvement Plan (CIP) for the nequlsition and development of parka, recreational facilities, trails end open .. ~4 space areas within two years of establishment of the District and shall periodically reviaa and update said plan. The CIP will include project titles, brief project descriptions and project cost estimates. 9. The Participant's share of the revenues collected within its boundaries shall be disbursed to the Participant within thirty (30) days niter the revenues are disbursed to the District by the Auditor/Controller-Recorder's Office (A/C-RO). The AC- A6's coats asaociatad with the collection and disbursement of revenues, including the necessary updating of intormation regarding the number and status of parcels within the District, shall be deducted from ell revenues prior to division of the revenues batman the Participant and the District. The amount deducted for the District's administrative costa assoeiated with collection and disbursement of revenues (but not i.ncleding the A/C-RO'e coats) shall be limited to a maximum of one and one-half percent (1.5t) of the total revenue yanarnted by the benefit aesasement. lo. No obligation or other indebtedness shell be incurred by the District for any project within the Pnrticipant'a bovndariea -.^al »he _sbstanca of '..hie .°.Ov is approved and ak66u£ad by the Participant and the District. ~Q 11. St is the intent of the parties to this MOD that it's substance shall be submitted to the Governing Board of the District, once established, for approval in the form of a binding agreement between the District and the Participant. The pnrtias recognize that the substance of this MOU ie not binding unless and until such an agreement is approved and exeeutad by the Participant and the District. SAN HERNARDINO COIINTY REGIONAL PARRS DEPARTlSEHT PARTICIPANT Director (Name and Title) ago CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 19, 1990 v TO: Mayor, Members of the City ^_ouncil and City Manager ~ FROM: Joe Schultz, CLP, Community Services Director ,~ BY: Karen McGuire-Emery, Associate lark Planner ~ SUBJECT: AGREffi~N'P _BE'1'WEEN TAE CITY OP RANCHO CDCANONGA AND TE[8 WILLLAM LYON COMPANY PHRTAINING TO PARR PEES PAID FCR DEVELOPMENT WITHIN THE VICTORIA MASTER PLAN Cti1MM0NITY RECOMMENDATION: That the City Council of the City of Rancho Cucamonga review and approve the attached agreement between the City and the William Lyon Company and authorize the reimbursement of those park fees collected by the City from the merchant builders to the William Lyon Company. BACRGRODND: The William Lyon Company as the principal developer of the Victoria Master Plan Community has the responsibility of providing developed park acreage per the Victoria Community Plan to the City's satisfaction. The William Lyon Company has, however, sold rights to develop homes in Victoria to the merchant builders whose names are listed on Exhibit "A". At the time the deveiupmeuL iiyu~n were sold to each merchant builder by the Lyon Company, the understanding between the Lyon Company and the merchant builder was that: a) The Lyon Company would provide a17. the parks within Victoria; b) The City's current park fee would be paid by the merchant builder to the City for the tract(s) being developed and; c) The park fees collected by the City would be reimbursed to the William Lyon Company. To date, the City has collected park fees from the merchant builders for developed tracts in the Victoria Community in the amounts set fcrth in Erhiblt "A". The William Lyon Company has fulfilled their parkland dedication to the City for the Windrows, Groves and Vineyards North tracts. The parklands in Vineyards South anfl Victoria Lakes tracts remain to be fleV010ped; L1oweVer, siaii ie currei,tiy "°ki^.y^ t::e park projects, and development of these parka~is directly related to issuance of building permits. JS/KME/dak Attachments a~~ AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE WILLIAM LYON COMPANY PERTAINING TO PARR FEES PAID FOR DEVELOPMENT WITHIN THE VICTORIA MASTER PLAN COMMUNITY This Agreement between the City of Rancho Cucamonga, California ("CITE") and The William Lyon company ("TWLC") is made with reference to the following facts: A. TWLC is the principal developer of the Victoria Master Plan Community ("VICTORIA") which is located wholly within the CITY. H. TWLC has previously sold rights to develop homes in VICTORIA to the merchant builders whose names are listed on Exhibit "A" hereto ("MERCHANT BUILDERS"). C. At the time TWLC sold said development rights to each MERCHANT BUILDER, TWLC and each MERCHANT BUILDER had the following understanding: 1. that all parka within VICTORIA would be provided by TWLC, 2. at the time the MERCHANT BUILDER obtained building perr!ite for its tract or tracts, that the MERCHANT BUILDER wocYd remit to the CITY the Citv'a than ~••~,-e..t ~t.-i~ fees, also known as Quimby Act fees ("PARR FEES"), anti that the PARK FEES eo collected by the CITY would be reimbursed to TWLC. D. The CITY has collected PARK FEES from the MERCHANT BUILDERS with respect to those tracts and in those amounts as set forth in Exhibit "A" hereto. E. Within VICTORIA, TWLC has dedicated park land to the CITY and has constructed park improvements, the value of which, when determined as of the date of dedication or construction, exceeds the following: 1. all PAP.K FEES heratofare collected by 8ha CY'I'Y with respect to the tracts listed on Exhibit "A," plus 2. all projected PARK FEES with respect to such lots as exist within any of those tracts for which PARR FEES have not yet bean collected by the CITY. ~~~ F. All of the present and future PARK FEES which are referred to in Paragraph E above would have been, or when collected would be, available to the CITY for the purpose of acquiring the park land and constructing the park improvements which are referred to in Paragraph E above. G. The understanding of TWLC with respect to its right to receive reimbursement of PARF; FEES collected by the CITY from MERCHANT BUILDERS with respect to tra.;ts in VICTDRIA has not been previously memorialized by a written agreement between TWLC and the CITY. H. In consideration of the covenants of TWLC contained herein, CITY is willing to reimburse to TWLC all PART; FEES heretofore collected by CITY, as set forth in Exhibit "A" and to further reimburse TWL,C all PARK FEES which may in the future be collected by or tar,dered to CITX with respect to any of the tracts listed on Exhibit "A." NOW THEREFDRE the parties hereto agree as follows: 1. The above recitals are ina~rporated into this Agreement. 2. Upon delivery to the City Manager, or the City Manager's designated representative, of a letter substantially in the fora and content of lixhibit "B" hereto representing that the MERCHANT BUILDER who signed the letter consents to the CITY reimbursing TWLC for P~4RK FEES collected by the CITY from that develooer fnr tho rr...r +"~ ._...~ +.. mow., amount(s) set forth in Exhibit "A," the CIR'Y shall forthwith pay over to TWLC all PARK FEES heretofore collected by the CITY with respect to said tract(s), 3. The CITY acknowledges the fact that MERCHANT RUILDERS may tendex• future payment of FARK FEES Lo the CITY with respect to the tracts listed on Exhibit "A" and that said PARK FEES should be peid directly to TW;;.C. In the event the CITY hereafter collects a PARK FEE covered by this TWLC Agreement, the CITY shall forthwith pay over the same to TWLC. <• TWLC agrees to indemnify the CITY against and hold the CITY harmless from any and all loss, coat, expense, including but net Limited to, attornoys' flies and l aeuiiicy which the CITY may suffer or incur by reason of the CITY having paid over to, or in the future paying over to, TWLC PARK FEES with respect to any oP the tracts referred to in Exhibit "A" hereto. t ~ I~ 5. In the event one or more MERCHANT BUILDERS fail or refuse to sign a letter substantially in the form and content of Exhibit "B," when requested by TWLC to do so, then TWLC shall have the right to commence and pursue civil actions against MERCHANT BUILDER or BUILDERS or other appropriate proceedings in courts oP competent jurisdiction to recover the PP_P.R TEES which have been collected by the CITY from such non-signing MERCHANT BUILDER or BUILDERS with respect to the tract or tracts listed on Exhibit "A" hereto and to seek declarations that TWLC is entitled to receive such future PARK TEES as may be paid with respect to said tract or tracts. In the event that TWLC commences such civil actions or other proceedings then, if the CITY is named as a party thereto in a pleading filed either by TWLC or any other party,- then TWLC shall pay the CITY's cost and reasonable attorneys' fees incurred in connection with the civil actions or other proceedings. In any action or proceeding brought to determine TWLC's right to recover or receive PARR FEES already collected by the CITY, or future PARK FEES, With respect to any tract or tracts listed on Exhibit "A" hereto, the CITY covenants and agrees that it shall net content or otherwise advocate that TWLC ie not entitled to receive reimbursement and/or payment of all such PARR FEES. 6. Exc¢:pt as provided herein to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors and assigns. 7. This Agreement may be executed in ens n+- mura counterparts, each oP which Will ba deemed an original, but all of which together will constitute one and the same agreement. e. This Agrec:aent constitutes the entire agreement between the parties and supersedes all agreements, representations, warranties, statements, pronisea and/or understandings, whether oral cr written, with respect to the subject matter hereof and no party shall be bound by any such representation, stateiaent, promise or understanding not specifically set forth in this Agreement. 9. A11 exhibits attached hereto and referred to herein are hereby incorporated herein ae though set forth at length. 10. The parties hereto agree to execute and file and to join the execution and filing of any and all agreement, consents or other documents reasonably necessary to affect the consummation oP the transaction contemplated hereby, es either party hereto may reasonably require. ~a14 11. This Agreement shall be construed and governed in accordance with the laws of the State of California. DATED: CITY OF RANCH CUCAMONGA by: Mayor ATTEST: APPROVED RS TO FORM AND CONTENT' THE WILLIAM LYON COMPANY by: ,` ~ 15 EXfIIBIT "A^ Page i MERCHANT BUILDERS GROVES kRCHANT BUILDER TRACT UNITS REIMBURSED 3/89 BALANCE DUE Warmington 13022E 181 $ 92,363.04 $ 69,725.04 Pulte 13022W 9: 56,998.71 --- Fieldstone 13057 147 82,504.74 131,114.88 PUlte 13058 201 --- 369,877.56 Republic 13059 137 73,063.68 49,988.94 Rhoades 13060 66 75,156.16 2,716.56 $380,088.33 5623,422.98 "1 1 EXHIBIT "A" Page 2 MERCFIANi~ BUILDERS VINEYARDS NORTH MERCHANT BUILDER TRACT UNITS REIMBURSEMENT Rhoades 13440 111 $ 195,580.89 Rhoades 13444 56 98,671.44 Gri1pe 13441 92 162,103.08 Baywood 13442 83 146,245.17 Watt 13442 70 123,339.30 Republic 13443 144 253,726.56 POlte 1344d 120 187,988.60 ..~iw'vuinemeni We $1,167,654.84 a~7 EXHIBIT "A" Page 3 MERCHANT_ EUILDERS VINEYARDS SOUTH MERCHANT FUTURE BUILDERS TRACT UNITS AMT. DUE REIMBURSEMENT Lusk 13280 145 $255,488.55 Covington 13281 199 $33,477.81 317,158.20 Pennhill 13753 129 227,296.71 $33,477.81 $799,943.46 a~~ Jack Lam, AICP city Manager City of Rancho Cucamonga P.O. BoX 807 Rancho Cucamonga, CA 91730-0807 Re: Reimbursement of Quimby Act fees to The William Lyon company Dear Mr. Lam: Our company previously purchased the rights to develop homes in the City of Rancho Cucamonga located within Final Tract No. During the course of ou:- negotiations, it was our clear under- standing from The William Lyon Company that our company was to pay the City~s then current park Pees (Quimby Act fees) for the construction i;; the above-referenced tract. We also understood that the narks within thE+ vi rtnria xm crcr vi ~....e.; r ............: ... _ to be provided by The Wil:'.iam Lyon Company and that any fees we so paid would be reimbursed to The William Lyon Company. In consi- deration of our payment of those fee;;, we essentially met all obligations we had to pay for parks and other recreational facilities which could ha'/e been exacted in consideration of our development. It is our understanding th;;t you have an agreement to reimburse to The William Lyon Company the amount of $ which is equivalent to the amount we paid as and for Quimby Act fees related to the above tract. We herixby consent to the reimbursement of that amount to The William Lyon company and hereby disclaim any interest whatsoever in said sum of $ or any portion or portion thereof. - Very truly yours, S/131/CLAM ~ ~9 ~'X;~lig~y' ~_` Ul'1'Y VN' 1IANGHV CUCAMVNIiA STAFF REPORT DATE: DECEMBER 19, 1990 T0: MAYOR AND MEMBERS OF THB CITY COUNCIL CITY OF RANCHO CUCAMONGA FROM: BRDC6 ZEINER, CHIEF OF POLICE ~ CITY OF RANCHC CUCaMONGA 3UBJECT: CHOICES PROGRAM RECOMMENDATION It is recommended that the city council approve this pilot program and staff will give you a progress report in approximately sia months. BACRGROUND• The Choices Program is presently being taught by Deputy Rudy Vuittonet at three schoola within the city. These schools a=~ Los Amigos Elementary School, Rancho Cucamonga Middle School and Cucamonga Elementary School. Deputy Vuittonet felt that another way to have the Choices students gain some valuable experience and have a sense of putting something back into the community, aas to lend a hand to physically disabled or people in need. The students would :,; nd a hand by clear.irg up shrubbery and debris around the residences of those people in need or those who were physically disabled. Deputy Vuittonet talked with the principals of the three schools about this concept and they all received it positively. Deputy Vuittonet also felt that needed equipment, such as cakes, brooms, etc., could possibly be awarded or donated for use during the clean up operations by each of the involved schools oe possibly by the city. The students will only be using hand tools (no power tools.) The city attorney states that any liability to the city will be negligible. This program will have no significant impact on city resources. The Community Services Department at the Neighborhood Center was then contacted to see if there was a need for this type of service within the ciCy. it was learn e+l that oc+~+~^..n;nI I,Y 1+~~-~.++ns •1++ +~n:l 11+++ Neighborhood Center searching for people to do clean up jobs around the hones uecale r.ec3 ~°he are phy__c,1_ly d;sahled howeve[, there was no where to+directytheir call. The Human Services Referral section of the Neighborhood Center wilt review requests which are received for this type of service and a determination will be based on need and what the Choices students are capable of accomplishing. BZ/RP:la a.~