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Home My WebLink About1992/02/05 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. February 5, 1992 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 +r• City Councibnembers Denaia L. Stout, Mayor William J. Alexander, Councilmember Charles J. Buquet, Councilmember Diane Williams, Councilmember Pamela J. Wright, Councilmember ti4 Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City C+tTice: 989-1851 PAGE City Council Agenda February 5, 1992 1 All it ws •ubmitGd for the Citp Couvcil Agavda must be So writivg. The dudliae for eubmittiaq thaw items is 5:00 p.m. on the Nadnesdep prior to the meeting. The Citp CUrk's Offiw receives ell suc~ items. A. CALL TO ORDER 1. Ro11 Call: Suquet , Alexander Stout , Will isms _, and Wright e. ANNO~C~9 /P~S~ATI ONS 1. Presentation of 10-year Service Pin to Historic Preservation Commie6 iOner MeliCent Arner. C. CSI GTION9~~TNE P~LIC This i• the tiw tad place for the ganmrml public to addrua the City Couvcil. Stmtm Lw prohibit the City Council from addru aivg mvy is tam noC previouAp includmd on the Agmadm. The City Council up receive tmatimony avd wt the matte for e •ubwquant wmtivq. Cmumv!• arm !o ba 1lmiGd to five minute per individuml. D.D. CONSCAL! ARAR The following Covwnt Calevder itws •re expected to be routine sad non-controwreial. Tbay will be acted upon by the Couvcil et one Lima without discu asiw. Any item wy be removed by a Cvunci Camber or member of the audienw for discussiov. 1. Approval of Minuten: December 18, 1991 7anuary 2, 1992 (W iLliams, Wright absent da nuacy 15, 1992 2. Approval of Warrants, Register Noe. 1/15/92 antl 1/22/92; 1 and Payroll ending 1/2/92 and 1/16/92 for the total amount of $2,241,429.64. 7. Alcoholic eevera~e Application for off Sale Beer 6 Wine 13 for The New Mexico Connection, Arlyn C. Zipp, 11530 Sixth Street, Spot E-1. PAGE City Council Agenda February 5, 1992 2 d. Also holic Beverage Application for 21" Off-Sale General 15 for The Price Club, The Price Company (P-12 ), South side of Foothill Boulevard and Etiwanda Avenue. 5. Approval of the Basketball Hardccurt Retrofit Project 1J and the authorization to advert i9e the "Notice Inviting Bida^ and to epptopriate the neceeeary funds Eor Account Numbers 31-3901-SB$/Revenue and 31-4532-8E 10/ Expenditure. RESOLUTION NO. 92-019 23 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS ANO SPECIFICATIONS FOR THE "BASRETBALL HARDCOURT RETROFIT PAOSECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERII TO ADVERTISE AND RECEIVE BIOS 6. Approval to extentl Comcaet Cable T.V. franchise . 24 RESOLVT ION N0. 91-012G 25 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COVNTY OF SAN BEANAADINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOp 90 DAYS UPON EXPIRATION OF CVRRENT LICENSE WITHIN TH6 CITY OF RANCHO CUCAMONGA 7. Approval of appropriation from the Self-Insurance 26 reserve. 8. Approval of the City'a portion Eor Professional Services 2J for the Fines and Porfeituree Lawsuit in the amount of $2,037.00, to be funded Erom Account No. 01-6]85-6028. 9. Approval of County of San earnartlino, Department of 31 Environmental Health Services, Local Enforcement Agency (LEA) redeeignation for the enforcement of se ate end local minimum standards fot solid waste opera[ ions. RESOLUTION N0. 92-020 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, REDESIGNATING THE SAN BE RNARD INO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY PAGE City Council Agenda February 5, 1992 3 10. Approval of Time Extension for designation of a portion 34 of cottonwood Wey ae a private et reet and exempting the abutting proper[ iee from requiramente set forth in Chapter 12.08 of the Municipal Coda subject to certain specific contlitione. RESOLUTION NO. 92-021 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME E%TENS ION FOR THE DESIGNATION OP A PORTION OF COTTONNOOD WAY AS A PRIVATE STREET AND EXEMPT SNG THE ABUTTING PROPERTIES FROM REQU IAEMENTS SET FORTH IN CHAPTER 12.08 OP THB MUNZCI PAL CODE SVBJECT TO CERTAIN CONDITIONS 11. Approval to execute a Subordination Agreement for Qp William A. and Dona C. Berne e, for their property, located at 12715 Summit Avenue, we et of Et iwanda Avenue. RESOLUTION NO. 92-022 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SVBOAD INATION AGREEMENT FROM W SLLIAM R. ANO DONA C. BARNES AND AUTHORIZING THE MAYOR AND CITY CLERX TO SIGN SAME 12. Approval to execute Improvement Agreement Extension for Tract 12332-2, located on Che southeast corner of Haven 43 Avenue and Tacker em Place, eu bm fitted by M.J. Brock. RESOLUTION NO. 92-023 45 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOA TRACT 12332-2 13. Approval to execute Improvement Agreement Extension for Tract 17063, locac ed on the east aide of Eaet Avenue 46 between Highland Avenue and Victoria Street, submitted by Citation Builders. PAGE City Council Agenda February 5, 1992 q RESOLUTION NO. 92-024 4B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECUA STY FOR TRACT 13063 14. Approval to execute Improvement Agreement Extension for q9 Tract 132 B1 Landscape, located On the northwest corner of Baee Line Road antl Rochester Avenue, aubm it ted by the William Lyon Company. RESOLUTION NO. 92-025 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOA TRACT 13281 LANDSCAPE 15. Approval to execute Improvement Agreement ¢xteneion tar 52 Tz act 13965-5 thru -10, located on the northeast corner of Summit Avenue and Wardman Bullock Road, submitted by Standard Pacific. RESOLUTION NO. 92-026 $Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION ANO IMPROVEMENT SECURITY FOR TRACT 13969-9 THRV -10 16. Approval to execute Improvement Agreement Extension for 55 Tract 13664, located on the east Bide of Haven Avenue north of Church Street, submitted by Lewis Nomee. RESOLUTION N0. 92-021 5) A RESOLUTION OF THE CZTY COUNCIL OF THE CITY OF RANCHO COCAHONGA~ CALIFORNIA, APPROVING ZNPROVEME NT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13664 17. Approval to execute Improvement Agreement Extension for 58 Tract 13691, located on the northeast corner of Wilson Avenue and canietel Avenue, submitted by Pacific Snternational Development. PAGE City Council Agenda February 5, 1992 5 RESOLUTION NO. 92-028 6~ A RESOLUTION OF THE C2TY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVE.~NT AGREEMENT EXTENSION AND IMPROVEMENT SECVA ITY POR TRACT 13851 18. Approval to execute Improvement Agreement Extension fot 61 Tract 14121, located on the southwest corner of Highlantl Avenue and Hilliken Avenue, submitted by J.P. Rhoades Development. RESOLUTION NO. 92-029 63 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CVCAMONGA, CALIPORN IA, APPROVING IMPROVEMENT AGREEMENT E%TENSION ANO IMPROVEMENT SECURITY FOR TRACT 14321 19. Approval to execute Improvement Agreement Extension for 6q DR 09-21, located on the northeast corner of Spruce Avenue and White Oak Avenue, submitted by Great Western Hotels, Incorporated. AE 50LVTION NO. 92-030 6$ A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFOANZ A, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR R9-21 20. Approval to accept Improvement a, Release of Bonds and 66 Notice of Completion for Tract 13565 - 24th Street Improvement e, located on 24th St reef between Wa rdman Bullock Road and San Seva ins Avenue. Release: Faithful Performance Bontl (Beres[) 5738,000.00 Accept: Maintenance Guarantee Bond (Street) $ 73,800.00 RE SOLVTION NO. 92-031 6J A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, ACCEPTING THE PUELIC IMPROVEMENTS FOR TRACT 135fi5 - 24TH STREET AND AUTHORI ZZNG THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Ciiy Council Agenda L-`+l~-J February 5, 1992 6 21. Approval [o accept Improvements, Release of Bonde and 68 Notice of completion for Parcel Map 989'1, located on the eoutheaet corner of Church Street 4nd Terra Vista Parkway. Release Faithful Performance Bonds: Elm Avenue 5 90,000.00 Town Center $274,000.00 '('gyre Vista Parkwav $103,000.00 Sio[m Drain 5157,110.00 Church Street 5407,600.00 Accept Maintenance Guarantee Bonds: Elm Avenue S 9,000.00 Town Center 5 27,400.00 Terra Viea Parkwav S 10,300.00 Storm Drain S 15,711.00 Church Street 5 40.760.00 RESOLUTION N0. 92-032 ]Q A RESOLUTION OF THE CITY COUNCIL OF THE CLTY OP RANCHO CVCAMONGA, CALIPORNIP, ACCEPTING THE PUBLIC ZMPROVEMENTB FOA PARCEL lIAP 9897 AND AUTHORIZING THE PILING OF A NOTICE OF COMPLETION FOA THE MORE 22. Approval to accept ImProvemente, Release of Bonde and ]] Not toe of Completion far Peloel Map 11030 - Traffic Signals, located On Haven Avenue and Town Center Drive and Epru cs Avenue aqd Town Cent et Ot iv e. Release Faithful Performance Honda (Signals ~: Haven 6 Town Center S 93,500.00 5 e G T n Center 5 82,500.00 RESOLUTION ND. 92-033 ]2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALIFOANIA~ ACCEPTING THE PUBLIC IMPROVEHENTS FOA PARCEL MAP 11030 - TRAFFIC SIGNALS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK PAGE City Council Aqenda Febtu ary 5, 1992 7 23. Approval to release Maintenance Guarantee Bond fot Tract 73 13823, located on the south aide of Leman Avenue between tartar Place and Semlllon Place. Release: Maintenance Guarantee Bond (SGreet~ 5 6,300.00 24. Approval to accept the Corporate Yard zmptovement 74 Project, !Orated at 9153 Ninth 6t cast, Gont rnct CO 88- 172, ae complete and authorize the City Engineer to Eile a "Notice of Comp Letlon." RESOLUTION NO. 92-034 75 A AE80LVTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING TH6 PUBLIC IMPROVEMENTS FOR IT18 CORPORATE YARD IHPAOVEMHNT PROJECT, CONTRACT CO B9-172, AND AUTHORIZING THE FILING OP A NOTICE OF COMPLETION FOA THE WORX ~ COHSEXT ORpINANCEB Tba Eollovin9 ordiaucu Nava Aad public huriag• at the !la of first rudlag. 9acoad ruding^ era arpactad to ba routiaa and naa-coatrovarsial. TDaq rill ba acted upon by the Council at one ti~a without diacuaaion. Tba City Ciark will cud tba litla. Anq ita can ba raawrM far diacuaion. 1. REV~W OF CURRENT CITY REGULATIONS APPECTING STORAGE AND PARSING OF R FyCiREATIQj~L VEHIC(~S ON PRIVATE AES IDENTIAL , PROPERTZES 0{iD INANCE NO. 483 (second reading) 76 AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF PANCHO CVCANONGA, CALIFORNIA, AMENDING SECTION 11.08.670-C ANO A60ING A NEW SECTZON 17.08.070-8 TO 2HE RANCHO CVCAMONCA MVN ICIPAL CODE PERTAINING TO THE REGVLAT ION OF RECAEAT IONAL VEHICLE PARKING AND STORAGE WITHIN RESIDENTIAL DISTRICTS PAGE City Council Agentla February 5, 1992 B P. ADVERTZ 960 PV6LZC H611AINOS The following ita~a 6ava bean advertised and/or posted as pub lie bearings as required hP law. The Chair will open the nesting to repiw public tutiwuP. 1. CONSIDER TION OF ENVIRO A SES NT ND ETIW A ]9 SPECIPIC PLAN AMENDMENT 91-01 - CITY OP RANCHO CUCAMONGA - A Yequeet to amend the Street System Map of the Etiwantla Specific Plan to change the portion of Miller AVBnue between Etiwanda Avenue an Eaet Avenue from a Co110ctOr to a SeOOntlary ArteYial. The Planning Commeeion YeCOmmentla ieeuanoe of a Negative Declarat lon. ORDINANCE NO. 6E6 ~flret reading) 92 AN ORDINANCE OP TXE CITY COVNCZL OF THE CITY OP RANCHO CUCAMONGA~ CALIPORNIA~ APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 90-01, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET SYSTEM 1MP TO CHANGE THE PORTION OF HILLER AVENUE HETWEEN ETIWANDA AVENUE AND EAST AVENUE FROM A COLLECTOR TO A SECONDARY ARTERIAL AND MAEI NG FINDINGS IN SUPPORT TXEREOP 2• CONSIDERATION TO VACATE AN ALLEY LOCATED SOUTH OP NINTH a STREET FROM VINMAR TO SIERRA MADRE AVENUES 9 RESOLVTION NO. 92-035 g6 A RESOLUTION OB THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA, ORDERING THE VACATION OF A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MAD RE AVENUES O. PVHLIC EEARIN68 The following ibu haw no legal puDlleation or posting iequiroenG. The Chair will open the eeeti0g to revive public teetiawoy. No Items submitted. PAGE City Council Agenda February 5, 1992 9 R CITY NANAOER'e STATT REPORTS The Sollowisg irate do not legally require any public batiwap, although the Chair uy open the Curing [or public input. 1. CONSIDERATION OF A PRE-APP ON VIEW PR 8 - A g9 request of the joint City Council/Planning Commission SuDCOmmittee to approve a Pce-Application Review process. 2. OONSIDfiAATION OF PAITKP rr vvnsnv VCT ION FOA 1~6 TR°.CT 1246 tTM`AT D ON TH R HIDE OF SUMMIT A N rv < BETWEEN ETIWANDA AVENUE AND EAST AVENUE SVBM ITTED R FIRST FAMILY HOMES 3. DISCUSSION OF MOBI Lfi HOME ACCORD RENEWAL I. COUNCIL EU8INE88 The fallowing itua hue bus requested by tDe City Council for discuaslon. Thep are not pub lie Des ring itau, although the CDair uy open the teeting [or public input. T ZDENTSTICATION OT ITCM9 TOR NETT MEETING Thin i• tht liaw for CLLp Connell to identify the itus they wish to diecuu at the next tettiag. Thos ibu will not he diteussed at Chia wetinq, mly ideatifksd for the next teeting. E COIDIIMICATION9 TRON THE PL Thin i• the tine and place for the general public to addreu the City Council. State Lw prohibits the City Council frot eddru sing nay ion not previously included oD the Aguda. Tha City Council uy receive teatltosy and ut the utter far a aubaequant teeting. Counts are to be litited tD five tinub• pez individual. 1. REQUEST FROM PRINO MO ° ~~ •+°'"'° - WAIVER OF CITY REQUTAEMFNTS FOA OUTDOOR ST00. GE lOFJ PAGE City Council Agenda Pebruary 5, 1992 10 L. M.TOVRM®PP 1, Debra J. Adams, city clerk of the city of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 31, 1991, seventy-two (72) hours prior to the mooting per covezrvnent Coda 54953 at 10500 Civic Center ^rive. December 18, 1991 CITY OP RANCHO CUCAMONGA CZTY COUNCIL MINUTES Rewlar Meetin A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, December 18, 1991, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:08 p.m. 6y Mayor Dennis L. Stout. Present were Councilmembers: William J. Alexander, Cherlee J. Euquet II, Diane Williams, Pamela J. Wright, and Mayor Denn la L. Stout. Also present were: Jack Lam, City Manager; Ralph Hanson, Deputy City Attorney; Linda D. Danis le, Deputy City Manager; Rick Gomez, Community Development Director; Brad Huller, City Planner; Cindy Norzie, Assoc isle Planner; Joe O'Neil, City Engineer; Paul Rougeau, Traffic Engineer; Jo Lynne Aueeo, Integrated Waste Coordinator; Joe Schultz, Community Services Director; Jim Hark, Adminietretive Services Director; Sim Frost, City Treasurer; Duane Baker, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Management Analyst I; CAief Dennis Michael, Aancho Cucamonga Fire Protection District; Capt. Bruce Feiner, Aancho Cucamonga Police Department; and Debra J. Adams, City Clerk. . • . . R . B. ANNOVNCSNENTS/PRESENTATIONS el. Next Aegulat ly Scheduletl City Council Meeting Will Be Neld On Thursday, January 2, 1992. Announcement made by Mayor Stout. B2. Jack Lam, City Manager, announced that Item D18 should be cone idered under City Manager's staff reports instead of the Consent Calendar. B3. Jack Lam, City Managet, announced that there would be an Executive Seeeion regarding pending litigation. City Council Minutes December 18, 1991 Page 2 C. CONMVNICATIONS PROM TH6 PVDLIC C1. Ramona Anderson stated she thought the Council would be discussing mobile home matters at this meeting. Hayor Stout stated the public hearing for this matter would be held at the February 5, 1992 meeting. • • . . w . D. CONSENT CALENDAR 01. Approval of Minutes: November 6, 1991 (Stout absent) November 20, 1991 02. Approval of Warrant e, RegLeter Noe. 12/4/91 and Payroll ending 11/21/91 for the total amount, of 5731,730.16. D3. Approval to receive and file current Investment Schedule ae of November 30, 1991. D4. Alcoholic Beverage Application Eor On Sale Beer 6 Wine Eating Place for Eabob House, Hieamuddin and Jo Ann G. Durran i, 8417 Haven Avenue, Rancho Cucamonga. D6. Alcoholic Beverage Application for Off Sale Beer 6 Wine for The New Mexico Connection, Leon w. Mader, Sonja J, Mader, end Arlyn C. 21pp, 11530 Slxth Street, /C-1, Rancho Cucamonga. D6. Alcoholic Beverage Application On Sale Beer 6 Wine Eating Place for Joe'e New York Deli, Lynda J. and Robert A. Long, 8645 Haven Avenue, {'550, Rancho Cucamonga. D7. Approval of Article 8 Claim Transportation Funds for Piacal Year 1991/92. D8. Approval of Fiscal Year 1990/91 Comprehensive Annual FLnanclal Report. D9. Approval of Conversion to Primary Electrical Service. D10. Approval of an extene ion of the City of Rancho Cucamonga'e January 1, 1988 Mobile Home Accord. D 11. Approval to Amend the Community Development Block Grant Final Statement of Community Development Objectives and Projected Dse of Funds for the 1991/92 Program Year - Proposed amendment to the Final Statement to allow the addition of design work for future street improvements for Caiavetae Avenue from 9th Street to Chaffey Street ae part of the overall street improvements for Southwest Cucamonga. City Council Minutes December 18, 1991 Page 3 012. Approval to sustain an appeal of the Planning Commiaeion's decision to deny the request to place a wall sign on the tower of Building G within the Terta Vista Town Center, located at the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-05, Ob, and 18. ITEM REMOVED FOR DISCVSSIOM BY COUNCILNSMBEAS BVQVET AND WRIOBT. RESOLUTION NO. 91-384 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOAN IA, SUSTAINING THE APPEAL OF THE PLANNING COHMISSION'S DECISION TO DENY THE REQUEST TO PLACE A WALL SIGN ON THE TOWER OF BVILDINC G WITHIN THE TERRA VISTA TOWN CENTER LOCATED AT THE NORTHEAST CORNER OP FOOTHILL BOULEVARD AND HAVEN AVENVE AND MAKING FINDINGS IN SVPPORT THEREOF - APN: 1077-421-06, 06 AND 18 D13. Approval of a No-Coat Vehicle Lease Agreement (CO 91-083) between the South Coact Air Quality Management District and the City of Rancho Cucamonga for one alternative fuel Ford Taurus. The term of this No-Cost Lease ie December 23, 1991 to December 30, 1991. D14. Approval to execute a contract (c0 41-084) with NBS/Cowry to provide taz and financial consulting services in relation t~ CPD 08-2. Contract amount not to exceed $12,000.00, to be paid from Account No. 75-4130-6028. D16. Approval to execute en amended contract (c0 91-044) for Computer Hardware Maintenance with Weetek Computer Services in the amount of $8,141.00 to be funded from Contract Services Account No. 33-4130-6028 for Fiscal Year 1991/92. D16. Approval to execute Improvement Agreement, Improvement Securities and Ordering the Annexation of Landscape Maintenance Dietrlet No. 1 and Street Lighting Maintenance District Noe. 1 and 2 for COP 90-40, located on the south side of Jasper St reel, west of Sierra Vista Drive submitted by Sierra Vi eta Baptist Church. RESOLUTION NO. 91-385 A REEOLVT ION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECORITffiS FOR CONDITIONAL USER PERMIT NO. 90-40 RESOLUTION NO. 91-386 A REEOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MATNTENANCE DISTRICT NOS. 1 ANO 2 FOR CVP 90-90 D17. Approval to execute Improvement Agreement, Improvement Securitlee and Ordering [he Annexation to Landscape Maintenance District No. 3 and Street Light Lng Maintenance District Noe. 1 and 6 for DA 88-09, located on the west elde of Maple Place, north of Arrow Route submitted by eenj emin K. Sherfl. City Council Ni noise Decemher 18, 1991 Page 4 RESOLUTION NO. 91-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW NO. 88-09 RESOLUTION N0. 91-388 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CVCAMONGA, CALIFORNIAr ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 6 FOR DR 88-09 } CONSIDERED UNDER CITY MANAGER'S STAFF REPORTS D19. Approval to execute Improvement Agreement 6xtens ion for Tract 13280, located on the north aide of Baee Line Roatl between Milliken Avenue and Rochester Avenue submitted 6y The Luek Company. RESOLUTION N0. 91-390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POR TRACT 13280 D20. Approval to execute Improvement Agreement Extension for Parcel Map 11473, located on the eouih aide of Hamilton Street east of Hermosa Avenue, submitted by Bruce Wei. RESOLUTION NO. 91-391 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALI FORNIA~ APPROVING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR PARCEL MAP 11473 D21. Approval to execute Improvement Agreement Extension for Parcel Map 11685, located on the south Bide of Devon Street at Xinlock Avenue, eubmltted by James O'Brien. City Council Mi notes December 18, 1991 Page 5 RESOLUTION N0. 91-392 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CAL IPORN IA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY POR PARCEL MAP 11685 D22. Approval to Release Maintenance Guarantee Bonds for Tract 14150, located on the northwest corner of Terra Vista Parkway and Milliken Avenue. Ae leaee Maintenance Guarantee Bonds: Tract 14150 $ 7,850.00 Milliken/Mt. View to Base Line $ 15,360.00 Milliken/FOOihill to Mt. View $ 65,300.00 D23. Approval to authorize the Release of Bonds for the Weet Beryl Park Improvements and Weat Beryl Sewer Improvements Project to Hondo Company, Incorporated, Contract No. 90-207. Release: Faithful Performance Hood (Park) $1,504x986.00 Labor and Material Bond (Park) $ 752,493.00 Contract Performance Bond (Sewer) $ 86,868.00 Payment Bond (Sewer) $ 43,424.00 D24. Approval to accept the Traffic Signal end Street Improvements at Poothlll Boulevard and Rochester Avenue, Contract No. 91-001, located at the intersection of Foothill Boulevard and Rochester Avenue ae Complete, Raleaae Bonda and authorize the City Engineer to file a "Notice of Complet loo^. RESOLUTION No. 91-393 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORN SA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT FOOTHILL BOULEVARD AND ROCHESTER AVENUE, CONTRACT 91-003, AND AUTHORIZING THE FILING OF A NOTICE OP COMPLETION FOR THE WORE D25. Approval to accept the Terra Vista Planned Community-Milliken Park Improvements Project by Lewis Homes ae complete and authorize the filrng of a "Notice of Compiet ion". REGOLUTION NO. 91-394 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE TEAAA VISTA PLANNED COMMUNITY, MILLIXEN PARR PROJECT, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORR MOTION: Moved by Alexander, seconded by Willlame to approve the Consent Calendar with the exception of Items D12 end D18. Motion carried unanimously, 5-0. City Council Minutes December 18, 1993 Page 6 RRRRfiR DISCUSSION OP ITEM D12. Approval to 6uatain an appeal of the Pleasing Coaisaion's deciaica to dsvy t-e request to place a well aiga oa the tower of Buildivg 0 wit-ia the Terra Vista Iowa Center, located at t-e northeast corner of Coothill Boulevard end Beveo Aveaue - APN: 1077-621-05, 06, and 18. Ccuncilmember Buquet stated he had changed hie position on this matter after returning to the Bite to look at it again. Councilmember Wright stated she was not changing her position on this matter ae she had stated at the previous meeting. RESOLUTION NO. 91-384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIAr SUSTAINING THE APPEAL OP THE PLANNING COMMISSION'S DECISION TO DENY THE REQUEST TO PLACE A WALL SIGN ON THE TOWER OF BUILDING G WITHIN THE TERFA VISTA TOWN CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND HAVEN AVENUE AND MAEING FINDINGS IN SUPPORT THEREOP - APN: 1077-421-0E, O6 AND 18 MOTION: Moved by Buquat, seconded by Alexander to approve Resolution No. 93-384. Motion carried 4-1 (Wright no). R R . • R R 6. CONSENT ORDINANC63 E1. CONSIDE9ATION OP ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMBNT 91-04 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.12.040 regarding bicycle storage raga iremente and Section 17.08.070 regarding trail maintenance requirem¢nts. Debra J. Adams, Clty clerk, read the title of Ordinance No. 480. ORDINANCE NO. 480 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT 000E AMENDMENT N0. 91-04, AMENDING TITLE 17, SECTION 17.12.040. C.4 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING BICYCLE STORAGE FACILITIES AND AMENDING TITLE 17, SECTION 17.08.070 REGARD ING TRAIL MAINTENANCE STANDARDS MOTION: Movetl by Alexander, seconded by Williams to waive full reading and approve Ordinance No. 48U. Motion carried unanimously, 5-0, R « n R R « City Council Minutes December 1E, 1991 Page 7 %2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND IND ETAIAL AREA SPECIFIC PLAN AMENDMENT 91-OS - CITY OP AnNCHO CUCAMONGA - A request to amend Part III, Section IV.F. regarding bicycle storage requirements. Debra J. Adams, City Clerk, read the title of ordinance No. 4R1. ORDINANCE NO. 481 (second reading) AN ORDINANCE OP THE CITY COUNCIL OP THH CITY OP RANCHO CVCAMONGA, CALIFORNIA, APPROVING INDVETRIAL SPECIFIC PLAN AIffiNDMENT NO. 91-09, AMENDING PART III, SECTION IV.F., REGARDING BICYCLE STORAGE FACILITIES MOTION: Moved by Alexander, seconded by Williams to waive full reading and approve ordinance No. 481. Hot ion carried unanimously, 5-0. E3. CONSIDERATION OP ENVIRONMENT ~ ASSESSMENT AND 6TIWANDA IFIC AMENDMENT 91-03 - CITY OP AWCHO nrewnnra _ A proposal to amend Lhe Etiwanda Spec if is Plen Land UHe Map from Medium Reaideni ial (8-ld dwelling unite per acre) to Low Medium Resident iel (4-e dwelling unite per acre( for the following subareas within Lhe Etiwanda Specif is Plan: (3) Approximately 11.2 acres bordered on the northwest by the Ontario (I-15) Freeway, on the eeBt by East Avenue and ex feting Low Nedium Residential designated land, and on the south by Miller Avenue. - APN: 1100-041-04 threugh 10. Debra J. Adams, Clty Clerk, read the title of Ordinance No. 482. ORD IRANCE N0. 482 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIAr APPROVING ETIWANDA EPECIFIC PLAN AMENDMENT 91-03, THE SOOTHERN PORTION OF SUBAREA 3, TO AMEND THE ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MEDIUM (8-14 DWELLING UNITS PER ACAS) TO LOW MEDIUM (6-B DWELLING VNITS PER ACRE) FOR APPROXIMATELY 31.2 ACRES OF LAND BORDERED ON THE NORTHWEST EY THE ONTARIO (I-15) FREEWAY, ON THE EAST BY EXISTING LOW MEDIUM RESIDENTIAL DESIGNATED LAND, ANO ON THE SOUTN BY MILLER AVENUE, AND HARING FINDINGS IN EV PPOAT THEREOF - APN: 1100-041-04 THROUGH 10 MOTION: Moved by Alexander, seconded by Willieme to waive full reading and approve Ordinance No. qR2. Motion Oarcied unanimously, 5-0. w n . n w . City Council Minutes December 18, 1991 Page e F. ADVERTISED PDEL IC BBAAINGS F1. CONSIDERATION TO ADOPT THE FINAL DRAFT OF AB 939 BY RESOLUTION (Staff Requecte Taia Item He Continued to Jamary 15, 1992) Mayor Stout stated staff has requested this matter be continued to January 15, 1992. Mayor Stout opened the meeting for public hearing. MOTION: Moved by Buquet, seconded by Alexander to continue the public hearing until January 15, 1992. Motion carried unanimously, 5-0. F2. CONS D RATION OF RESOLUT O FLAT NO TO TH FO TIO OF ASSE S ENT DISTRICT R9-1 Mayor Stout stated there was a request to continue this matter [o January 2, 1992. Mayor Stout opened tae meeting for public hearing. RESOLUTION NO. 91-395 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND AUTHORIZING E%ECUTION OF AGREEMENTS RESOLUTION NO. 91-396 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONPIAMING THE A35ESSM$NT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT RESOLUTION NO. 91-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND YNDENTURE FOR A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 91-398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT MOTION: Moved by Alexander, seconded 6y Buquet to continue the public hearing until January 2, 1992. Motion carried unenimou Ely, 5-D. City Council Hinutee December 18, 1991 Page 9 O. PUSLIC EEARINOS No Items Submitted. B. CITY MANAGER'S STAPP REPORTS H1. ONSIDBRAT O F AP R VI G AN % CUT NG CO TRACTS W THB ATC ISON TOPEKA AND SANTA FE AAILROAD COMPANY POA RAILROAD IMPROVEMENTS AT JERSEY ~LEVARD Staff report presented by Duane Saker, Ae eiatant to the City Manager. Mayor Stout opened the meeting for public comments. There being no response, public comments were closed. MOTION: Moved by Alexander, seconded by Euquet to approve the contract with the Atchison, Topeka and Santa Fe Railroad Company. Motion carried unanimously, 5-0. N2. CONSIDERATION TH A SIGN HNT O U T CROSS G G AAD O G VE UE 240 fiE ST OF Y R AVENUE F ARD JU OR COST O 4 400.00 NU LY TO FUND D R ACCOUNT N EER OS-445 300 Staff report presented by Paul Rougeeu, Traffic Hngineer. He oleo stated the Principel and Vice Principal of the school could not be present, but were in favor of the crossing guard ai the subject location. Hayor Stout opened the meeting for public comment e. There being no response, public comments were closed. counctlmember Alexander stated he was disappointed that this matter had gone this far. He felt staff was correct in Baying this would set a precedent iE this ie approved. Mayor Stout asked Mr. Rougeeu for further clar if icailon about the kids crossing mid-block in front of the school. Paul Rougeeu, Traffic Engineer, explained this crossing. Cou nc ilmember Wright stated there are big mounds of dirt in the area of this crosswalk, which was across the street from the school, and with the position of the dirt, the kids who lived to the south of the school were funneled to this particular crossing. She added there were some 71 and 12 year olds going to junior high who still needed eupervis LOn crossing a busy street. She felt kids at that age ace still controllahle, and that the City should provide a means to help them cross the street safely. She felt all echoole should be considered on a case-by-case basis, and not set a precedent by approving the croeeing guard at this location. Councilmember Alexander stated he defin Rely felt this would set a precedent. ire felt possibly the echoole should participate in the funding of croeeing guards. City Council Minutes December 3E, 1991 Page 10 Councilmember Wright stated they are Ciiy stzeete and Eelt it was the City's reepone ibility. Councilmember Buquet stated he felt this was a very visible crosswalk and did not feel it was an unsafe location to croea. He added he was uncomfortable that thle might set a precedent if it ie approved. He did not feel the City should fund croea ing guards for students in junior high or older. Mayor Stout Eelt the crossing guard at Etiwanda intermediate was placed there many years ago. Ccuncilmember Williams suggested that parents drop their kids off at a location other than right in front of the school eo ae not to create ae much traffic right in front of the school. MOTION: Moved by Alexander, seconded by Williams to deny the request of en adult crossing guard ae recommended by the Public Safety Conmiseion. Motion carried 4-1 (Wright no). H3. CONSIDHRATION TO BXECUT IMPRO NT A RE NT XTEN OR T CT 1246 LOCATED ON THE SOUTH SI06 OF SUlU1IT AVENUE BETW86N BTIWANDA AVENC AND BAST AVENUE. SUBMITTHD 0Y FIRST P MILY HO a5 AESOLVTION NO. 91-389 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOR TRACT 12462 MOTION: Moved by Wright, seconded by Alexander to approve Item H3. Motion carried unanimously, 5-0. . • . . . . I• COVNC IL BVSI NESS I1. CONSIDERATION OP APPOINTMENTS POR THE HISTORIC PRESERVATION COMMISSION AND THE ENVIRONMENTAL MANAGEMENT COMMISSION (ORAL REPORT) Cou nc ilmember Will iama thanked the people who came Eor interviews for the position of Historic Preeervat ion Cnmmias Toner, and hoped that those who were not appointed would continue their interest and give input and stay involved. MOTION: Moved Dy Stout, seconded by Wright to reappoint Melicent Arner, Marehe Meek Banks, Alen Haekvlt z, end ec6 Schmidt. Motion carried unanimously, 5-0. City Council Minutes December 18, 1991 Page 11 Mayor Stout stated it waa a very tough decision in taking the men'Derehip of the Environmenta3 Management Conmission from eleven to five members. Ms continued to inform the Council of the process the Subcommittee went through in reaching their decision. He stated the Subcommittee was also euggeetinq who the Chair and Vice Chair would be, and that they would be meeting with the selected commissioners to set up a work program. MOTION: Moved by Alexander, seconded by Williams to appoint the following ae commieaienera to the Environmental Management Commission: Jack will isms, Chair John Dunlap, Vice Chair Steve Earrae Michael Lee Leal ie Aiggs Motion carried unanimously, 5-D. The City Council concurred that a work program for the Environmental Hana9ament Commission would be developetl, and would be Drought bnek to the City Council for coneidetntion. Mayor Stout stated they would be back in 90 days with the work program for the City Council to review. • • « + w e J ID I I T O OP ITEMS Cf N6 J1. Councilmember euquet stated the City Council would be receiving a memorandum from him about commuter rail acceea. Me stated he has concerns about the route the commuter rail will take through the reeitlential area of the City. Ne stated he would like the City Council to take an action to let the rail people know what the city's position ie on this Leeue. • • fi 1 • R R. COMNUNICATION9 FROM THE PUBLIC RI. UEST Y M ND HRS. JA ENAN TO C 35 TY S PO I Y A c W ONST U TED RY NEIG R IN VIOLATION OF C Duane Baker, Assistant to the City Manager, presented a staff report giving background information about this item. Mre. Keenan stated she did not feel they should be penalized for the way their house Bite on the lot. She stated they have to go on the Wong'e property to acceea their utility meters. She thanked the City Council for allowing them to be heartl. She stated she did not know why the City would issue permits when they are against the CCSR'e for this nree. She atetsd she had been told by staff the wall would not be permLtted. City Council Minutes December 18, 3991 Page 12 Councilmember Buquet stated this ie not something the City can just jump in Lhe middle of, but it would help the City to develop future guidelines for these same types of situations. Mre. Reenan also pointed out that there ie a civil suit regarding this matter. Var ioue questions of clarification were asked of Mre. Reenan. Mayor Stoui pointed out that the ettuation of the easement was between Mre. Keenan and the neighbor. He stated for the City to cite the neighbor, it would have to be something that ie enforceable in construction. Mayor Stout et ated he would like staff to prepare a policy on how CCbR'e ars viewed and also with respect to litigating. Councilmember Alexantler asked why we issued permit e. flick Gomez, Community Development Director, stated that there was no violation of codes so the permits were issued. Mayor Stout et aced he would like the CLty Attorney to work with ei aff on a CCGR•e pol Lcy. Councilmember Buquet felt there should be a chronological statement for the file ee to whet has happened. R2. Jim Fro et commented on Lhe history of crossing guards in Etiwanda. • ~ • • . 1. ADJOURNMENT MOTION: Moved by williame, seconded by Buquet to adjourn to Executive Session to die cu es pending litigation. Motion carried unanimously, 5-0. The meeting adjourned at 8:55 p.m. Respectfully submitted, Debra J. Adams, CMC City clerk Approved: January 2, 1992 CITY OF AANCNO CUCAHONGA CITY COUNCIL MINUTES Regular Meetine A. CALL TO OROBR A regular meeting of the City Council of the City of Aancho Cucamonga wee held on Wednesday, January 2, 1992, in the Council Chembere of the Civic Center, located at 10500 Civic Center Drive, Aancho Cucamonga, California. The meeting was called to order et 7:00 p.m. by Mayor Dennis L. Stout. Present were Councilmembere: William J. Alexander, Chatle9 J. Buquei II, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linde D. Daniels, Deputy City Manager; Jerry e. Fulwood, Deputy Clty Manager; Rick Gomez, Community Development Director; Joe O'Neil, City fingineer; Duane Baker, Aeeietant to the City Manager; Susan Mickey, Management Analyst I; Chief Oennie Michael, Aancho Cucamonga Fire Protection Dietrlct; Lt. Mike Ingram, Rancho Cucamonga Police Department; and Jan Sutton, Deputy Ciiy C1¢rk. Absent were Councilmembere: Diane Williams and Pamela J. Ntighi. • x • x + S. ANNOVNCEMSNTS/PRESENTATIONS B1. Mayor Stout stated the City Attorney hoe requested the Council add an emergency item to the agenda regarding a settlement agreement for litigation between the City and the county of San Bernardino, and stated this Item would be voted upon when councilmembez Wright arrived. B2. Jack Lam, City Manager, stated there hoe been a request to remove Item D16 Erom the Coneen[ Calendar due to non-completion by the developer, end that Lt would be brought back at a later time. B3. Mayor Stout announced the Jersey Pire Station hoe been occupied as of the previous Saturday. . + . . + . O. COMMUNICATIONS FAOM TA6 PUBLIC No communicattone were made by the public. City Council Minutes January 2, 1992 Page 2 ~ ~ • x • ~ D. COMSEMf CALENDAR D1. Approval of Warrant e, Regiet er Noe. 12/11/91 and 32J18/91; and Payroll ending 12/8/91 for the total amount of 52,440,555.25. D2. Alcoholic Beverage Application for On Sale General Eating Ylace Catering Authorization Permit for Backwater, Curt ie L. and Mar9a HeGrew, Michael S., Patricia 5. and Tracy E. Sims, and Tracy E., Brian D. and Cydna C. TurneY, 10877 Foothill Boulevard, Rancho Cucamonga. D3. Alcoholic Beverage Application for On Sale Beer 6 Wine Eating Place for Mariecolandia Seafootl Maxicen Restaurant, Gerardo E. and Irmo E. Lopez, 8880 Archibald Avenue, Suite G, Building 3, Rancho Cucamonga. D0. Alcoholic Beverage Application for Off Sale General Typs 21, 1991 Intercounty Caf. Conditional, Priority l2 - San Bernardino County Por Neighborhood Market, Hanle Ghaeean, 8880 Archibald Avenue, Suite A, Building 1, Rancho Cucamonga. 06. Approval to re-appoint Rancho Cucamonga Community Foundation Boardmembere. Ofi. Approval to execute an Agreement for Annexation to Community Pacllltiee District 85-1 (FOOthlll Marketplace). D7. Approval to execute an agreement (CO 92-001) for cuetotliel service with John Bolin Maintenance. D8. Approval to increase Contract No. 87-207 with Fieldman, Rolapp 6 Asaooiatee in the amount of $3,000.00 due to increased work demantle to be funded by Account No. 76-4637-6028. D9. Approval to execute Improvement Agreement Extension for Tract 12835, located on the east aide of Vineyard Avenue, 600 feet north of ArYOM Highway, submitted by Park Vineyard Joint Venture. RESOLUTION NO. 92-001 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12838 D10. Approval to execute Improvement Agreement Extension for Tract 13279 ^ Victoria Park Lane and Rochester Avenue, locatetl at Victoria Park Lane and Rochester Avenue, eubmLCCed by the William Lyon Company. City Council Minutes January 2, 1992 Page 3 RESOLUTION NO. 92-002 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTHNSION AND IMPROVEMENT SECURITY FOR TRACT 13279 VICTORIA PARE LANE AND AOCHEBTER AVENUE D11. Approval to execute Improvement Agreement Extension for Tract 13280 Landscape, located on the north aide of Eaee Line Roed between Milliken Avenue and Rochester Avenue, eubmitied by the William Lyon Company. RESOLVTION NO. 92-003 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGABBMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13280 LANDSCAPE D 12. Approval to execute Improvement Agreement Extene ion for Tract 13359, locatetl on the east Bide of Sapphire Street between Orchard Street and Jennet Street, submitted by H.E. Heim, Incorporated. RESOLUTION NO. 92-004 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13359 D13. Approval to execute Improvement Agreement Extension for Parcel Map 9431, located on the east aide of Beryl Street south of Hillside Road, eubmitied by Jdmea Bice. RESOLUTION NO. 92-005 A RESOLUTION OF THfi CITY COUNCIL OP THH CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGAEENHNT EXTENSION AND IMPROVEMENT SECURITY POR PARCEL MAP 9433 D 14. Approval to execute Improvement Agreement Extension for Parcel Map 10185, located on the southwest corner of Highland Avenue and Milliken Avenue, submitted by the William Lyon Company. RESOLUTION NO. 92-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 10185 D15. Approval to execute Improvement Agreement Extension for Parcel Map 11472, located on the south aide of 19th Street east of Nermoea Avenue, submitted by JCR Development. City Council Minutes January 2, 1992 Page 4 RESOLUTION NO. 92-007 A RENOLUTION OP THE CITY COVNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPAOVEHENT AGREEtiENT E%TENSION ANO IHPAOVEMENT SECVRITY FOR PARCEL MAP 11472 +=c..~~.-i.~~ ITEM REMOVED PROM AGENDA. D 17. Approval to accept Improvements, Releaee of Bonds end Notice of Compl¢t ion Eor TYact 13873, located On the northwest Corner of Atwood Street and Victoria Park Lane. Release: Faithful Perfotmance Bond (Street) $ 72,000.00 Accept: Maintenance Guarantee eontl (Street) $ 7,200.00 RESOLUTION NO. 92-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR TRACT 13873 AND AUTHORIZING THE FILING OF A NOTICE OP COMPLETION D18. Approval to accept Improvement e, Release of Honda and Notice of Completion for Parcel Map 9350 Storm Ora in, located on the northeast Corner of Baee Line Road antl Milliken Avenue. Infra et ructure Storm Drain Releaee: Faithful Performance Band 5 502,515.00 Accept: Maintenance Guarantee Bond $ 50,251.00 Baee Lin e Roatl Storm Drain Release: Faithful Performance Bond $ 616,155.00 Accept: Maintenance Guarantee Bond $ 61,615.00 City Council Minuie9 January 2, 1992 Page 5 RESOLUTION NO. 92-010 A RESOLUTION OF THE CITY COUNCIL OF THB CITY OF RANCHO CUCAMONGA, CALIFORNSA, ACCEPTING THE PVBLIC IMPROVEMENTS FOR PARCEL MAP 9350 STORM DRAIN AND AUTHORS SING THE FILING DF A NOTICE OP COMPLETION FOR THE WORE 019. Approval to release Maintenance Guarantee Bond for Tzact 11428, located on the eaHt aide of Center Avenue at AahEord Street. Release: Maintenance Guarantee Bond $ 6,186.00 D20. Approval to release Maintenance Guarantee Bond for Tract 13462, located on the northeast corner of Victoria Park Lane and Kenyon Way. Release: Maintenance Guarantee Bond $ 61,200.00 MOTION: Movetl by Buquet, seconded by Alexander to approve tha Conaeni Calentlar with the exception of item No. D36. Motion carried unanimously, 3-0-2 (Williams, Wright absent). E. CONSENf ORDINANC68 NO Items Submitted. 1 M f f R f P. ADVHRTISHD PUBLIC HBAAZNOS F1. CONSIDERATION OF RESOLUTIONS RELATING TO THE FORMgTION OF ASSEG$MENT DISTRICT 89-1 (O'DONNELL INDVSTAIAL TRACTI (COStinuad froE DeCerber 18, 1991) Staff report preeenC ed by Duane Baker, A9eieta nt to the City Manager. Mayor Stout asked when wtll the Railroad start working on the crossing. Joe O'Neil, Clty Engineer, stated in approximately six months. Mayor Stout stated he wee concerned because with the opentn9 of the Jeeeey Plre Station, he felt the crossing needed to he opened soon. .Toe O'Neil, City Engineer, stated they are working on getting Boma typo of kemporary or emergency crossing arranged with the Railroad. Mayor Stout opened the meeting for public hearing. Addressing the Council woe: James Westling, a partner in The O'Donnell Croup, 2201 Dupont Drlve, Irvine, stated he would ba available to answer any gueetlone. He stated they appreciated the City's efforts to this entl ware looking forward Co getttnq the bonds Bold and the project started. City Council Minutes January 2, 1992 Page 6 Mayon Stout stated that Jersey is currently striped for two lane a, but it ie shown ae four lanes in the plane. Joe O'Neil, City Engineer, et ated it will be reetriped to four lanes when the street Se completed. There being no further cortmente, the public hearing was closed. RESOLUTION NO. 91-395 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AGAE¢MENTS RSSOLUT ION NO. 91-396 A RESOLUTION OF THE CITY COVNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, CONFIRMING THE ASSESSMENT, OADERI NG THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT RESOLUTION NO. 91-397 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ISSVANCE OP BONDS, APPROVING EONO INDENTURE FOR A SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 91-398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING BOND PURCHASE CONTRACT AND PRELIMINARY OFFICIAL STATEMENT MOTION: Moved by Ruquet, seconded by Alexander to approve Resolution Noe. 91- 395, 91-396, 91-397 and 91-398. Motion carried unanimously, 3-0-2 (Williams, Wright abeent~. R R P2. CONSIDERATION OP ORDERING THE VACATION OF A PORTION OF AN ALLEY OCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MADRE AVENUES Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Stout asked if the second house on lot 12 was legal. Duane Baker, Asa ietant to the Ctty Manager, stated it was approved through the County, ec was legal. Mayor Stout inquired if thin was to ba a public hearing item tonight. Duane Baker et ated no, it was an error that it was placed in that section of tha agentla. He stated thin Item was to set the public hearing for February 5, 1992. City Council Minutes January 2, 1992 Page 7 James Markman, City Attorney, stated it was not necessary to open the public hearing since it was an agenda error. REEOLUTION NO. 92-011 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNAADINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO VACATE A PORTION OF AN ALLEY LOCATED SOUTH OF NINTN STREET FROM VINMAR TO SIERRA MADRE AVENUES MOTION: Roved by Alexander, seconded by Buquet to approve Reeol ut ion No. 92-011 and set the public hearing for February 5, 1992. Motion carried unanimously, 3- 0-2 (Williams, Wright absent). No Items Submitted. No Items Submitted. R R R R R f O. PUBLIC BBARINOS R R R R R R N CITY MANAGER'S STAFF REPORTS R R R R R R I. COVNC ZL BUSINESS I1. CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE RANCHO CUCAMONGA COMMUNITY FOUNDATION 8OAAD OF DIRECTORS MOTION: Moved by euquet, seconded 6y Alexander to approve the appointment of Frances Howdyshe ll to fill the vacancy on the Community Foundation Board of Directors. Motion carried unanimously, 3-0-2 (Williams, Wright absent). I2. COMMUTER RAIL DIECUSSION R R R R R R Councilmember euquet referred to a memo he sent to the Council regarding the non- activity on the commuter rail, and the problems h. hey have been having with the Santa Fe Line. He stated ae a reau lt, they are looking at the possibility of moving the commuter rail traffic just north of Base Line, which is adjacent to a lot of residential properties. He felt this would create an impact from the point of the existing intensity of use versus What they would anticipate when the commuter rail is on line. He stated hie intention was thaC ae the Councll'a representative to SANBAG, he thought it Would be appropriate for him to draft correspondence to be sent Co the members of the regional rail board ezpree6ing City Council Minutes January 2, 1992 Page H tae City's concern with the existing circumstances, and making them aware that several reeidente in the area ate concerned, and that the City sees potential adverse impacts from their proposed activity. He stated he would like to see the board start working now io mitigate these concern e. Hayor Stout asked if there was a problem at the crossing of the northern railroad line and Rochester, because it seems like all activity has ceased. Me stated he spoke to a man from the Railroad involved in installing the railroad crossing arms. The two outer arms had been installed, but the man indicated there was to be a center island installed for the canter arm e. He asked if chat was the William Lyon Company's responsibility. Joe O'Neil, City Engineer, stated it was [he Railroad's reaponeib it ityr and they have indicated taey are not pursuing that because they claim they no longer own the right-of-way. Mayor Stout asked that staff work it out with the Railroad, because when the new high school opens, that crossing will need to De open al eo. Joe O'Neil, City Engineet, stated they will be talking to the Railroad about a acheduletl completion date. Rick Gomez, Community Development Director, stated they will also talk to Mike Baer of SANHAG, who is tae regional rail coordinator, since they would own the right-of-way to that line. Joe O'Neil, ctty Engineer, stated they have spoken to SANBAG about it already, and they will try to get Lt resolved after the holidays when everyone ie back in the office. ACTION: Report received and filed. J. IDENTIP ICATION OP ITENS POR NBIT lB6TIN0 J1. Mayor Stout asked to have a resolution prepared asking NeetLn9houee Lo cone ider reinetat inq tae name "Barton Plaza" to the Duildinge located on the southeast corner of Poothl ll and Haven. w r, ~ w " A. COIMUNICATIONS PRON THE PVBLIC K1. Phil Deatherage, 6564 Etiwanda Avenue, thanked Joe O'Neil for opening Rochester Avenue, Re et ated there ie an issue of concern to several reeidente in the Etiwanda area who felt a traffic signal was needed at the intersection of Ea9t Avenue end Highland Avenue. Ne stated he wanted io warn the council Lhat the reeidente were organizing on this issue to Dring before the City Council and the Pu61ic Safety CononLeeion. City Council Minutes January 2, 1992 Page 9 Councilmember Alexander asked Lf [hie has been heard yet by the Publ is Safety Commission. Phil Deatherage stated the Commission is talking about it now. Councilmember Buquet stated the residents might want io start directing some of their concerns to Caltrana, since as a designated state route, the city would need Coltrane' approval before they could install a traffic signal. x ~ . . • . L. ADJOVRNN6NT The Council recessed at 7:31 p.m• to Executive Sege ion to disease a settlement agreement with the County of Sen Bernardino. The meeting reconvened at 7e41 p.m. James Markman, City Attorney, stated it was moved by Buquet, seconded by Alexander to approve the settlement agreement involving the Vniverelty Crest case, on the condition that the County Flood control District, aimultaneouely with this agreemen! being approved and signed, make an irrevocable offer of dedication of the north portion of the right-of-way for Banyan Street, that ie otherwise not being improved, ae referred to on page 11 of the agreement. He stated the motion carried unanimously, 3-0-2 (Williams, Wright absent). MOTION: Moved 6y Buquet, seconded by Alexander to adjourn. Motion carried unanimously, 3-0-2 (Will tame, Wright absent). The meeting adjourned at 7:43 p.m. Respectfully submitted, Jan Sutton Veputy Clty Clerk Approved: Jnnuery 15, 1992 CITY OF PANCHO CUCAMONOA CITY COUNCIL MINUTES RBaU ler Meetin0 A. CALL TO ORDER A regular meeting of the Clty Council of the City of Rancho cucemon9a was held on Wednesday, January 15, 1992, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7,34 p.m. by Mayor Donnie L. Stout. present were Councilmembera: William J. Alexander, Charles J. Buquet II, Diane Williams, Pamela J, Wright, and Mayor Dennis L. Stout. A leo present were: Jack Lamr City Manager; James Markman, City Attorney; Linda D. Daniels, Deputy Clty Manager; Rick Gomez, Community Development Director; Tarzy Smith, Park Planning/Development Superintendent; Brad Buller, City Planner; Otto kroutil, Deputy City Planner; Richard Alcorn, Code Enforcement Supervisor; Soe O'Neil, Clty Engineer; Sigmund Oe ll hime, Management Analyst II; Jlm Mntt, Adminietrat ive Services Director; Diane O'Neal, Management Analyst II, Susan Mickey, Management Anelyet I7 Chief Dennis Michael, Rancho Cucamonga Pire Pro[ect ion District{ cnpt. Bruce zeiner, Rancho cucamonge Police Department; and Debra J. Aflame, City Clerk. R . f • f B. ANNOVNCENSNTB/PRESENTATIONB B1. Sack Lam, City Manager, asked the City Council to consider adding an Ltem to the agenda to execute a contract with the California Department of Forestry and Pire Protection regarding the distribution of tree planting grant funds Ln the amount of $89,615.00. He stated this would need a 4/5 vote to add the item to the Council agenda. MOT IONt Moved by Alexander, seconded by Williams to add the above mentioned item Lo the Council AGenda. Motion carried 4-0-0-1 (WrighC abet ained ~. Ccuncilmember Wright stated she did not feel completely Comfortable with this because of Brown Act requirements and that was why she was abstaining. B2. Jack Lam, city Manager, stated the Counc ll needed to edj ourn to an Executive Session to discuss pending Litigation. R R 1 R f city council Minutes January 15, 1992 Ya9e 2 C CONNUHI CATIONS PROM THE PUBLIC C1. Alan Logan eiaied he wne against eha lower fields at Cucamonga Jr. High being used se a perk for sports to ba played. He eiaied he did not feel it was safe because of the large number of care parking around the school. He stated he felt there was also a noise problem. He asked that the games be stopped at this location. Ne etaied he lives on Church Street between Hellman and Archibald. He stated he did not feel after discussing this with City staff and the School District that they could get any cooperation, so they decided to go to the City Council. Mayor Stout asked Hr. Logan to leave hie address end phone number with the City Clerk and he would be Contacted by City staff regarding this matter. f • • R D CONSENT CALENDAR D1. Approval of Minutes: December 4, 1991 D2. Approval of warrants, Register Nos. 1/2/92 and 1/8/92 and Payroll ending 12/19/91 for the total amount of $3,491,621.80. D3. Approval to receive and file current Investment Schedule ae of December 31, 1991. D4. Approval of Hap, execution of Improvement Agreement, Improvement Security and Ordering the Annexat ien to Landscape Maintenance Dietrlet No. H end Street Lighting Maintenance District Nos. 1 and 8 Eor TracC 13945, located on the south aide of Highland Avenue, east of East Avenue, submitted by Citation Builders, AESOLVTION N0. 92-012 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT NAP NO. 13945, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 92-013 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 8 AND STREET LIGHTING MAINTENANCE DISTRICT N08. 1 AND 8 POA TRACT 13945 D5. Approval to Order the Annexation to Landscape Maintenance Dietr ict No. 3 and Street Lighting Maintenance District Noe. 1 and 6 for DR 89-13, located on the west aide of Red Oak Seraet, north of Civic Center Drive, submieted by Mighty Development, Incorporated. City Council Minutes January 15, 1992 Page 3 RESOLUTION No. 92-014 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF AANCRO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OP CERTAIN TERRITORY TO LANDSCAPfi MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 POR OR E9-13 06. Approval to award and authorize for execution of Contract (CO 92-005) for Haven Avenue Improvements at the Atchison, Topeka and Santa Fe to Bob Britton, Incorporated, for the amount of $65, 930.2A ($59,918.40 plus 101 contingency) to be funded from Syatema Development Fund Account No. 22-9637-8851. D7. Approval Lo execute Improvement Agreement Sxtene ion for Tracts 13303, 13303-1 and 13303-2 located on the southwest corner of Mountain View Drive and Terra Vista Parkway eubmltted by Lewis Development Company. RESOLUTION NO. 92-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY POR TRACTS 13303, 13303-3 AND 13303-2 08. Approval to release Maintenance Guarantee Bond for the following improvement projects: (CO B9-031) 19th Street and Haven Avenue Intersect ion Improvement e; (c0 89-075) Base Line Parkway Beaut lfication Improvementer (CO 89- 300) carnelian Ea et Slde Parkway Beautification Improvements from Vlneyetd to Base Line; (CO 89-104) Hillside Aoad Aecon etruction from Nermoea to Mayberry; (CO 89-106) Sierra Madre and Placitle Court Improvements from Arrow to Via Carrillo; and (CO 89-013) Haven Avenue Median Phase III, south of Lemon north of Wilson. D9. Approval to release Maintenance Guarantee Bonds for the following improvement projects: (CO 89-114) Traffic Signals at Haes Lina-Ramona, Bees Line-Valencia, Haven-Victoria; (CO 89-135) Victoria Street Improvement e, Eaet Avenue to Etiwanda Nigh Schools (CO B9-141) Vineyard Improvements at AT B SF Crossing; (CO 89-168) Etiwanda Avenue CobDleetone Curb and Gutter; (CD 89-169) Ridden Farm Road Box Culvert] (CO 89-175) Traffic Signals at Haven-7th, Archibald-Lemon; and (CO 89-025) Alte Loma Storm Drain (Aese9ement District 84-T) improvements. D10. Approval to release Maintenance Guarantee Bonds for Tracts 11606-1, 11606- 2, 11606-3, 11606-4, and 11606 Storm Drain located on the south aide of Victoria SG reef between Haven Avenue and Deer Creek Channel. Release Maintenance Guarantee Bond: Tract 11606-1 $40,300.00 Tract 11606-T $27,600.00 Tract 11606-3 $31,800.00 Tract 11606-4 $19,000.00 Tract 11606 Etorm Drain $T2,000.00 City Council Minutes January 15, 1992 Page 4 MOTSON: Moved by Williams, seconded by Wright to approve the Consent Calendar. Motion carried unanimously, 5-0. f • R E. CONSENT GRDIMAMCES Na items submitted. T ADVERTISED PVBLIC BEARINGS F1. A$VIEW OF CVRRENT CITY REGL~ITIONS AFF CTING STO ND P RKING OP RECREATIONAL VEHICLES ON PRIVATE RESIOENTIA.. PROPERTIES MODIPICATIONS TO THE E%2 STING ORDINANCE WILL BE CONSIDERvD (Continued from October 16, 1991 ~aeting) Staff report presented by Otto %routil, Deputy City Planner. Mayor Stout opened the meeting for public hearing. Addressing the city council were: Beverly chodaer 9609 Almond, et ated many of the residents are not aware of the restrictions for RV's that were approved in 1988. She asked thnt Lhe residents be able to perk their RV et their own residence. She coot inuatl by et at ing she supported Option 2 and asked tha City Council to approve it. Marvin Walters, 6449 %lueman, stated he favored option 2. He stated for him to move hie RV to another location on hie property would be very costly with a lot of relandscaping work to be done for hie particular B ituation. Gloria Ybarra, 8611 La Grande, stated she ie In favor of Option 2. Mike Gillum, 8275 Cornwall, stated he favored this going to a vote of Lhe people, but if the city Council was not in favor of this he would go along with option 2. Antly Gurney, 12924 Chestnut, stated he needed to have hie RV parked in hie front yard and favored option 2. David Long, 13021 Vista, felt this was a matter of lifestyles to be coneideretl here. Ne did not want hie lifestyle taken away from him. David Gugec, 9859 Holly since 1953, stated he le in favor of option 2. Diane Garluck, 796E Rosebud, atated she Se in favor of Option 2. Ren Carlson, fi799 eerkehire, atated he favored Option 2. Mark Brown, 6758 Elmhurst, atated he did not want any restric!Lone £or parking an RV on hie own property. Ciiy Council Hinutea January 15, 1992 Page 5 5t an Zvoeki, 9385 Cal le Vejar, stated the City of Covina allows hie mother to use her RV for emergency relief for the neighborhootl. He stated he ie again et any reatr Sctione for RV's. Ron Ziebarth, 9206 La Colina, felt a decision should be made at this meeting and not go to a vote of the people. He felt what St gets down to ie whet he likes to do with hie life ae compared to what hle neighbors like to do. He thanked the City Council for their time over the pa et two years. There being no further response, the public hearing was closed. Mayor Stout stated that in 1988, it was pointed out to the City Council the problems with the RV Ordinance. He gave information on the verioue options before the City Council at Chia meeting. Mayor Stout etatetl he agreed with option 2. councilmember Alexander stated he did not feel this should go to a vote of the people. He stated he was in favor of Option 2 because he felt it was the fairest of the options available. He felt the safety issue was also important. Councilmamber Ruquet stated he was not sure if option 2 was the beet way to go. Councilmember Williams felt those that do not have an RV have a right to not have to walk out their front door and stare at an RV in someone else's driveway. She wanted to point out that there are conditions that go along with Option 2. She stated she agreed with a previous comment by the Mayor where eventually there woultl be no RV parking at all allowed Ln a front yard. She stated she favored Option 2 bacauee she felt it was fair to the people. Counc ilmember Wright felt thle was a matter of lifestyle and not a legislative issue. She stated she hears the people saying they are in favor of Option 2 and willing to work with that option. She stated she would support Option 2. Oebra J. Adams, City Clerk, read the title of Ordinance 483 (Option 2) ORDINANCE NO. 483 (to Seclude 3 opLioo• for coaeideratioa) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SfiCTION 17.08.070-C AND ADDING A NEW SECTION 17.08.070-E TO TNB RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF RECREATIONAL VEHICLE PARKING AND STORAGE WITHIN RESIDENTIAL DISTRICTS MOTION: Moved by Alexander, eecontled by Williams to waive full reading of ordinance 483 (Option 2) and set second reading Eor the February 5 meeting. Councilmember Buquet felt the date ehou ld be changed to 1/15/92. He also felt utility companies should be notified about the placement of meters to poeelbly accommodate this problem also, City Council Minutes January 15, 1992 Page 6 Counc ilmember Alexander felt the date should be changed to reflect the actual effective date of the Ordinance after eecontl reading. Otto Kroutil, Deputy City Planner, auggeeted the Council go along with 12/31/91 Decauee of RV owners showing proof of purchase dates, end this would cover ell of 1991. Councilmember Wright asked Mr. Markman if this actunlly could be enforced. James Markman, City Attorney, stated yes, and felt Nr. Rroutil•e suggestion ae to the 12/31/91 date was a good move. Motion carried unanimously, 5-0 to waive full reading and set second reading for Pebruary 5, 1992 of Ordinance 683 (Option 2). F2. CO~lS_I DEAATION OF UPDATING TH6 CITY•S CONPLICT OP INTEREST CODS POR DESICNAT60 CITY PEASONNBL PURSUANT TO THE PROVISIONS OP THE POLITICA. R_P00. OF 1974. CALIFORNIA GOVERNMENT CODE SECTION 83000. BT SEQ. Staff report pre eented by Jack Lam, City Managec. Hayor Stout opened the meetLng for public hearing. Theta being no reeponee, the public hearing was closed. RESOLUTION NO. 80-069C A RESOLUTION OF THE CITY COUNCIL OP TM6 CITY OF RANCHO CUCAHONGA, CALIFOANI A, AMENDING THE CITY'S CONFLICT OF INTEREST CODS POA DESIGNATED CITY PERSONNEL MOTION: Roved by Buquet, seconded by Wright to approve Resolution No. BO-049C. Motion Carried unanimouelyr 5-D. F3. CONSIDERATION TO ADOPT THE FINAL DRAFT OF AB 939 DY RESOLUTION (Continued f row Dace~ber 18, 1991) STAPP REQUEBTE CONTINUANCE TO MARCO 6, 1992. MOTION: Moved by Wrightr seconded by Alexander to continue the item io March 4, 1992. Motion carried unanimcusly, 5-0. R • • f • R O. PVBLIC BEAAIN08 No items eubm ltted. • R R R R R City Council Nlnutee January 15, 1992 Page 7 R CITY NANAOER'S BTAPF REPORTS H1. CONSIDERATION TO AUTHORIZE THE HAYOA AND CITY CLERK TO EXECUTE CONTRACT NT EC. 17130 ld~ 92 0061 KITH THE CALIFORNIA DBPAR"'VP""" ^v vnRVamBY ANn IRE PROTECTION EGARDINC THE OI STRISUTION OP TREE PLANING CRANT FVNDS IN .THE AMOVNT OP S89 15 00 TO TH6 CITY OP RANCHO CUCAMONGA AND ADOPT THE ATTACHED RESOLUTION RESOLUTION NO. 92-017 A RESOLUTION OP THE CITY COUNCIL OF THE CTTY OP RANCHO CVCAMONGA, CAL IPOANIA, AUTHORIZING THE MAYOR AND CITY CLEAR TO E%ECUTE CONTRACT AGREEMENT ECA 17110 WITN THE CALIFORNIA DEPARTMENT OF FORESTRY ANO PIAE PROTSCTION REGARDING TFR{ D ISTAIBVTION OP TREE PLANTING GRANT PUNDS IN THE AMOVNT OP 509,615.00 MOTION: Moved by Buquet, seconded Dy Wllliame to approve Resolution No. 92-017. Motion carried unan imouely, 5-0. .lack Lam, City Manager, stated he would like to thank Congressman Lewis for hie assisting the City with this matter. Mayor Stout suggested a letter be sent to the Congressman relating the City's appreciat lon. Councilmember Wright asked for informai ion regarding the placement of trees. .Tack Lam, City Manager, stated Engineering could provide this information to her. R • • • R R I COVNC IL BV82N688 I1. APPROVAL OP A RESOLVTION VAOING THE REINSTALLATION OF THE BARYON PLAZA NAME Mayor Stout stated he asked that this item be placed on the agenda, and Continued to give the background inEormat ion about the building. RESOLUTION NO. 92-016 A RESOLUTION OP THE CITY COVNCIL OF THE CITY OF RANCHO CUC AMONGA, CAL IFORNIAr URGING WBSTINGHOUSE CREDIT CORPORATION TO REINSTALL THE NAME BARYON PLAZA MOTION: Moved by Buquet, seconded by Williams to approve Reao lotion No. 92-016. Motion carried 4-1 (Wright no(. R • • R R R City Council Minutes January 15, 1992 Page 8 J IDBNTIIIGTION OI ITRN POR N62T NP%TIND No items were identified for the next meeting. . . e « ~ + R CONNVNIGTIONB IRON TBE Pl No communication was made from the public. . w . . L. /10JOURNID;NT MOTION: Moved by Wright, eeconded by suquei to adjourn the meeting to %xecutive session to tliecusa pending litigation. Motion carried unaninnuely, 5-0. The meeting atljournetl at 9:00 p. m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: ZNP man 1 =}v fP0 0;6 •Y• •V• •Z• 00 Otl 00 OPrvpOrvO<m 000 NNOaOOOfo000wOOamv NO mNmOOYNnY haOOaNNe00000PO000hpON00 .+a m fyN r~dNhO~hY Y,ImONOrNPaON00000m fNON a n Y^ P m Nf0 N w m Na mN m m A ~w~ •awa maNah maNahmPp..N mrNa Nman PPhti°mm°e °m me0 m~mmnmm~i m¢m m~ NOaaaNNNNOaaNNNNNNNNNNNaaaaaaNmaNN~NNNNnNNNN maaaaamaa aaaw aaaaaaaaaa a as aaaaaaaaa ~ 1 . • !a !.. • • .LL s .J.Yw oN u mp i i ~ hl i ~ Yh vN f 0 \ti\ N =NN fti<N aN i Mme .. >a ew~N~ u~ ~ ~ .. 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SIAiE q UIIFOIINII Caunry d_..__ ..............................WN..__........_........... ..a.. ~~..a~+. ~.+ _ .na.~ ~. ..M.. nrr~ w n.-n.+~ , w, n. ,n..N r....... ~. N . r... e..~~n..N I-RftOw HwY ~. Q W ~ ~ W ~ N t Y Mini-Mall ~ Q 6TH STFIEET J ~ ~~ W ~ O ~ ~ < ~ THE NEW MEHICD CDNN ECTIDN (a ve•idnr ;~i th in Carnival !1a i1) .153^ S'~sth Street, Sra ce E-] and•.o Coca T~o nga, CA 91130 Cur ren~.ly Zoned; ;e ne ral Industrial in Subarea 11 of the Industrial Specific plan ni n0 of Ad,ja cent nro perties: H^.-'h: 9~ne ral Industrial, Subarea 11 of the tSn Sou'h: Industrial nark, Subareas 11 and 12 of Lhe ISp I Detailed site plan for Carnival Ida 11 Apol icant's business is ~~i thin Mini-Mall, _ uiueuiuuuu uiurrtuw-~~uuw- ,,,J'~~,j'" li , ~ _= -' - _ a • u~u:~:~_r . ...n . ~.mnuwW'~\ 1 ruuunuruuuwtu,rwwtwvwuAt.,.- i~' East' fens ral Industrial, Subarea 13 of the iSF' West: General industrial, Suha rea 11 of the ISP tOPYw_- ..4w wr~.e..~.ru. r,_..._.~._. ,.._.... DEC ~ ;. 8EC6 MIICATgN IW ILLCpfOEK YYSl1N SKINWfI I. 1YR(3) CK 4CENb(1) FlLE NO. ie: 0.pM. d AIRMWt Eerf,We Cmnd " RfCfII1~.'q! IPoI MeolwoE RE 1 0[t-Sale Gepa[al f'y ~ a Veeeltle SmvewM,CW.Vb18 f.FOfMry1KAL ~••••~• ~ •, ~ I ccof is la iM +^daipnrd Aw.6y ay,Rrm ta. Ool. Iwvmr dnmbNmAJO.w q ,AVO N lumd t. NAME(1) W AERKANns) oec 1 ~1 irme. Enmil 1993 mm s.R. xaAA p nle aucz cG,WA,vv et tzt_ Ee fA..l;,, o.l.; ~ I OF iRAN1A<nON(sl iEE LK. rrrt s ie[. Tsf. 1]]J.nt 31 ?zem. T tr T: 31. J3 .. New. d Er,imM eri-e atm S, la<oFm d Iwm„-Nrwber wd Stt.n -wce slae of voocnElt at.a. R ftlvnnd2 P o Ao Cu b S < c n a (i\I vt]N s n f nev2'n roiAt u]a.9o __ r An rvewm, lnNdr SM1O~ ilea of lkwtir Clly LmiM1> Yef _ t Malirb Aaar.y (il blfrnm Irwn 31-NUwbx aM Shw. r r...l R More yw erw be.n <mriaM d o Nbrry] 10, Mwe yw ..w ~daM any d IM prnrdm, al *. AboM1Oli , /_ Ef.rrape Cwmd YI w rqubnaM of rry. 0.po~ Imo) mi+~.q ro IMr Aat JA.Y/ I I f.plan e'YFS° am.w le ilww 9 w 10 e~ nn enmbw.nLnmb ,Fall M d,.wN pwl d IFn opp6mfinn I: Aeplianr epr.., (el Ilal any mmwprr .npbYN in .wb I~wnya P•.w,r, +~II For. nn IA. awllfi.m,m, d , I;,enu.. nna !bl IM M all ral .ielab w <ww w pxmil ro M ridnM nny W M. we.,gwn ul rA. AI<oholi< M.wna. CwMI An. I]. Si1iE Of CALIfOI1N1A Cwnly of . -ASVev1L- ._.___ _ pen__ .___ 1_j(9f31 ___ .. ~.~ n +. `rM (/^~~~ i..nl..r 11 AMIICANi _. .,wrl ~" -' fl ~ ... ... s ~.u.._~~e.~~w. , •~ w. .T+" ..~ .. r...~ ..•.,i..~. p SIGN MERf BYC.(... (r(l...GC(/~~~X.~~X~:.C~~.'.l..V. `3- ............... fqa ne_e_ u_ coaF?..Y ........ .....__._.....-.............................. -__ . A!-LICATION 1t iRANSRROk I3. SLAiE Of CAIIFOANIA Counh nL.,.,.~~~yyQ ............Oan...t3(1(9.L___ __________ M+.~ +. my. (] bm.ol. ffr d -_.... .Iud M .......... ...._..._.__... dFae m ....-.. _... . Rwdpl Ne ........ On.YOt WNr Iklo,o TA4 EAVi Fn. Drpartmmr 11M fhdy AnneM1N~ ,7 I,<wdN nelm., fidu<fery popen. r ~l~ n >... _... -_. ._._. ............ .COflf3 MAIIfO ...._ .....!'I _ ~ ~ _ _ v~~ .~ cn z v 0 0 0 c ~ r+ r. a s ~ a o r r n ~ -n o, ~ _ J ~ s a ,. 2 0 -~ ~ a ~ ~~ ~A r i . ti ~ c te `: r . o _ ~ ~ ~ m as ~ G O ~ C ~ (J ~ a .. ^ ~ a T -~ „ _, Vl 6 H ~J n 9 O_ 1 s .B ~. :_',~ r ,,. 1 ftlHil'iMr"Nh"~ ~ Gf :> ~O ~~~~ ~~ 4 f ~ W'MHIF+f4i6 I a ~ \ _ '`,~ ~I~N~' Icy-~--~~\~ So u~wNi"n w""^""" ~ ~ '. ,.. ~1`\` ~fKXwW!I~w1!IfMS`uwk ~ \~~ I .g awa~~~. „ ~ e~ t ~~~~ ~,~ --~-_ 'S°s ~;. 2~~ n ~ ^` ~ r. < c z o x ~ ~ m v (' ~' _t ~ O S O A rt O ~ m -~ r: ~° rr n I'. 6' < C rt n J a -r ~ v n n~~ o is ~' m`m - o o n a a ~ M ? a ~ N T N r• ~ 1 C I_ ^ :/1 t/I .~. "i C ~5 Cl '_ ~ `G ~. T O'er /` 1 ~1 rt ~^. G ~ N O n s~c -~ c .o ~. a -~ ro ~ .n m £ n _ ~~ o rt 6 6 p .'l ~ !D ~ il d 6 G C= y A _ d -!~ - N d ~ G ~ ~ F , :- r + o ° ~ry nn ~ a m a < r m Y M1 ~ _ '~ • J . N tt 6 r. p O . I H N rt Z ~. S N o m ~.n - n r !p - ~ J m < J a ~- ' io a y ~ . ~..W.~.. 5 I I I v m o__~ E _ ~ :ii`~ l ~S[•: ~~ ~ , k 3 c ..~n.~ _' 6 i~ ~W ~~~ , _. ~~.l ~_._' 1 If,~+ y~xlr' ~~ '.~~ a '~. '~4 +Z _ ~ ~ '~ ' ~- ~_ F • ~ I4 ~~m -~z ^ L' ~~, - _~s~-_,~, . . --- - -- ~ -- -- CITI' UF' RA\('HI1 ('l'('AMOtiGA STAFF REPORT DATE: February 5, 1992 ~ ~'~r-,~ TO: Mayor and Members of the City Council ~ ~ Jack Lam, AICP, City N.anager FROM: Tarry L. Smith, Superintendent of Community and Park ~~i Development BY: David B. Statton, Assistant Park Planner ~~. SUBJECT: APPROVAL OF THE BASKETBALL HARDCOURT RETRO-FIT PROJECT AND THE AUTHORIZATION TO ADVERTISE THE "NOTICE INVITING BIDS," AND TO APPROPRIATE THE NECESSARY FUNDS FOR ACCOUNT ~' NUMBERS 31-3901-5885/REVENUE AND 31-4532- 8810/EXPENDITURE. It is recommended that the City Council approve the Basketball Hardcourt Retro-fit Project and authorize the Community Development Director to advertise the "Notice Inviting Bids." It is further recommended that the City Council authorize the indicated project totaling $40,000 and appropriate the necessary funds for account numbers 31-3901-5885/Revenue and 31-4532-8810/Expenditure. HACROROUND/ANALYSIS On December 19, 1991, the Park and Recreation Commission gave their recommendation to City Council to approve the Basketball Hardcourt Retro-fit Project. The project shall be funded in the amount of $40,000 from the State's Community Parklands Act of 1986. During a series of Park and Recreation Commission meetings, commencing in January of 1987, to December of 1990, the Commission directed staff to analyze existing park facilities for future hardcourt additions. From this analysis, three (3) existing parks are being recommended for the addition of hardcourts. They are, in order of Park and Recreation Commission priority: Church Street Park, Windrows Park, and Hermosa Park. The probable construction cost of one (1) hardcourt is approximately $25,000. Therefore, staff will construct the hardcourts in order of priority as recommended by the Park and Recreation Commission based on the bids received and the availab]e funding. Respectfully submitted, i ,i ~in~_< ---- Tarry L. Smith Superintendent of Community and Patk Development TLS/DBS/dk I~ 01Yre~peaMf K . !, i..e nM~uw~,rN'i~fi/ AMENDMENT TO PROJECT AGREEMENT 1 1 1974 Band Act ( 1 1984 8ontl Ac[ 1 1 Urban Grant Program (8B 174) I g 1 1986 Bond Act 1 1 1976 Bond Act ( 1 7988 Bond Act 1 I 1980 Band Act Other (Identify) Project Trtle Amendment No City' of Rancho Proiect No. Plaster THIS AMENDMENT ~s hereby made antl agrred upon by the State of California, acting through the Director ,r me Department of Parks and Recreation and bythe City of Rancho Cucamonga pursuant to the above identified program. The State and [he Apphcant, in mutual consideration of the promises made herein and in the agreement n w~mn this is an amendment, do promise x follows: That the abovo-mentioned agreement is amended n follows: Extend project performance period to June 30, 1992. In all other respects the agreement of which Mis is an amendment, and the terms and conditions if relevant thereto. shall remain in full force and effect. In witness whereof the pasties hereto have executed Mis amendment as of me date entered below. Applicant Ch[y of ~a6cho Cucamonga ~~ fiy Title Applicant's Authoraed Representative as shown in Resolu non Date STAiE DEPARTMENT OF pq RKS AND RECREATICV CERTIFICATION OF FUNDING ITn to r plated inr all a onto- cnannnJ CONTRACT NUMBER FUND 9O_Ov-1/)~ PROJECT NO AMOUNT OF THIS ESTIMATE APPROPRIATION Pi.l t."Y ~IImC 1'.%Lnnal Un UNENCUMa R DBALANC riEM CHAPT R STATVTE FISCAL •EAF S ADJ.INCREASING NCUMBRANC E ~iLSTTJ EL`H A I N L LL -_ a my anl.v oven mr own peppnn enowleove mn rwoavea mnor 1 I u n rvo I e n rva ere avubhu br ,nn mcumbenq, I r nn ~ ~. n,~., 11'RRI N.. or olrr., _ T,. Rwwe. Apvay p EPARTME NT Of fARNe ANO REl'REATION AGREEMENT FOR i9R'1/88 GRANT RROJECTi51 IaPI far COMMUNITY PARKLANDS ACT OF 1986 GPAN7 RECrRIENT ~ -~d"'~"5d '4E PF OJE,^,T pER~OR ;aANCE pc R,OD ~s'~cm tn. Date ei Apprpprraupn to t5ree years from IDe Qate of App.ro:a' o' tE s agree++P^4 ~y ;he $!dt[ as s'.own DE'Ow ^^ Ge^~ Sr ~,C,<^' aG'ee+ ;' :0'•o,•'r '^ i of Oet[n Ced Ir. tM1e prpp[: eopligrm^Ip un;lar tM1e ro n ena v a9'ee-•[^~, e.D ?e Sn'a P' Ca~oroms acunf a^roey m Dr~¢ror or Parfv me 9e:~ea!m- cu•s.a^; sn ;ne --- 4Pa•narn?;: or '>9ri ap•.a rp re,c:'b nrpl+:np uPmme total uat!9~en; s-+ou^•~nd¢e:ee. THIS GRANT 'S fOR THE AC~u:SITIGN AND!OR DEVELOPMENT, REHABI LrTAT10N OF LANDS A•.7'0° FACILITIES FOF RECR EATON 4L AND/OR HISTORICAL PVRFO$ES WITHfN THE GRANT ?E.I>iENTS' Jl =ISOiCTi^N 'o;a State Gam not to exceeC 5 i", y pa"cr'n: The General Provisions attached are made a pert /~/~~_ ^/, r ~ of and are incorporated into the Agreement. T.tie - -- ~_- Se rv r.F_ Date _-_ -.,- STATE OF CALIFORNIA DEPARTMENT OF PARKS ANO RECREATION 9a _.____ DB;P ___-.~-___ __~____ Oate of Approvdl ~~ CF RTIFICATION OF FUNDING CONiPE ]* M1.. M9Eq euao COMMUNITY PARKLANDS FUND OF !986 PROJEr N^ PMOV ti'Jf iw,(EgT,Ma TE APPROPRIA?ION ~^-` UN~VCJNaER EU EL:dy~f ITEMr~r.^ GNgPTER $TATUtES E'SCAL VE S .~~1^.IZ.i i~5 1~.6~ 'yoE'r^^- dRA C v G,iNpgEAPNG ENCUM~ N E ~~FUGCT RS,v ~>• ~ ~~ „pn^. m .vn [n.•emrai f^nwr~ga Iner UuppeuC rune ~ i a A No e R Ho ne e.n v.e,, rp, rme .m„mnn^v EiGNATURf O[ n(r D.,tNTING OEEICEP pATp __ ~ ~'.~C~ ~i (>~x ~ !~ t OPR ~d5 !8 P5; < RtgOLOtION N0, 06-348 A RPS OLOSIOp OP TH6 CITY COUNCIL OP IHe CITT OP 0.ANCH0 CO CANpHOA, CALIPONNIA, APPROp INC 1AE APPLICATION FOR CRMT N NDS UN-¢R INE C0141UNtR PAgItl.NltB AC: OP l9[V6 POR INH ADDZ it ON OF NAAD COO Rt FACILtii ¢3 10 BACN OP lif6 BATS TINC PARR SIte9 NIIN IN t8E CI T4 AN- FOR IRB CDp91A0CTI0fl OP NORIBTONN PAAA NptR¢A9, the people of cbe 9t rte of Califarvi• have eucted [he Comvvoity Parklands Ace of 1986, which prw idea Euvd< to the Sn [< of Calif or oi• and iu poli tiul •ubdiv isi ova Eor ugvi ring end devetepivg facilities for public recreuiovat and historical purpose; and NBtREA9, the Sn to -eper d eve of Parks and R<cru tioo has be ev detega cad the reapovaibility Ear the sdmipistu[iav of the progum within the stale, setting up ne<e uaq procedoro goven ivg appliu ti oe by local agenciu under Che pr ogc u; and NBBAtA9, nid pcaceducea until fished by the State pepac rnev[ of Parka ud Re a ea Giov require the •ppliuat <o car tiEy by resolution the •pprw al of appliu ti ov(a) before •ubv isN ov of uid eppl ica ti nob) co the •b te; and NeERBA9, uid appliu tiov b) coon im •nunvice• [hat [he appliu of Burt covply with; and NP¢R EAS, ehe spplinvt agency will enter into en agreement with the State of Cal i[orni• for acgvisiti oe, devetopevt, rehabilin [ion or reason [ion of [he project(s). NW, 78 HA SPORE, EE IT R¢SOLp¢D :ha[ [he City Council hereby: 1. Approves the fil ivg of • appliu tiav Eor Cavmunicy Ps rk Lvds Act of 1986 rtate gr ue an is voce foc the above project(s); awe F. Cacti Eies [hat uid agency uv den 4vds the usurspces aed certi[iu tiov io the •pptin Gino Eon; and J, C<r[ifiea that uid agency hu or will have cuff icient fun da to opera t< and maie uiv the pcoj ectb ); and 4. Ca Giffin [hat uid agency will cevplete [he pt of ectb) within three yeah fray de Ce of appr w •I by the sbte; and 6. Appoimu the -irector of CommegiCy 9e cv i<e• a u<nt of the City of Rancho Cu nvovga to conduct •Il nagoti rtivaa, execute •od •ubmi[ •11 docw enn including tint evt limited to appliu tivoa, agvmenu, uen dmee b, pa ymeAC req ur rts, end so on, vhith may be neceeuq (or ehe compi<ti ov of tM1< aEOrem<ntivned project(s). PASH Ep, APPAOpE-, and A-OPTE- [hie Jrd day of -e<<mber~ 1986. Aig9: Brwn, Evqvet, Stout, Ring, Nright NO E9 : None AB9FN T: None i-\ r~l tx l u~ -e nni• L. Stout, Mayor ~~/ Ree olution Ho. 06 -J 40 Pe ge 2 ATIRBT: Burly A. Av[hetet, City Cle~` I, BRV gRLY A, .NTR PY gT, C[tT CL ER[ of the Ci [y of gevcho Cu camovge, Cel iforni •, do hereby certify the[ the foregoing 0.eeelu[iov mu duly pe ued, eppr ov ed, evd adopted by the Ci ey Cvuv<il of the City of Ravcho Cu camovge, Celitvraia, e[ • regular mee tivg of uid City Couvcii held ov [he 3cd dq of Cecember, 1906. execu[ed chi• 4[h dq of 4cembe r, 1906 •t gancbo Cucamavga, CQ if ozni a, ,rte, . /.' /,T. C~~a ~_~°ri*,G~ em(krly A. Au th efet, City Clerk C~, f'~. ~~.. Reaoluci un ga. 86-148 Page 2 Ay: ggis /'. ee,reuy A. Auc bele c,-tic-y Ller~k Califorvi •, dahereby ce ~ifybth~c cheforego~i ngf gu vluciovP ~acheu`u nmvvga, appr wed, avd adopted by the cit C y Pa aced, Gliforn ia, ac 9 vuvcil of ehe Cicy of Ravcho cucamovga, Decmber, 19f6,a vagular meecivg of uid City Covv<il held om ebe 3rd day of gzecuced thi• 4th dq oP December, 19g6 •c &avcho Cu camavga, California. 9p~krly A. Au th<le[, City Clerk r, .' ~= City Cl~(h. i;,oc:~, ,. ~; ..~~, :~ ._ ~~t. ~I APPLICATION AND PROJECT SUMMARY FORM FOR FISCAL YEAR 1987/1988 Anticipated Grant Requests for Fiscal Years 1999/89 and 1989/90 Commum ty Parklands Act of 1996 e~rane funds under th>s program are budgeted by agency, not indi vl du al project. 'P ne amounr. of grant Lunds to be appropria ced co your agency each fiscal year will depend upon your estimate of the amount needed co complete acquisition or develop- ment far each of the projects you list. You may request your total program alloca- tior in a single year or have vt budgeted over a t~.o or chrae-year oeriod, as Lonq as each individual project listed is 520,000 or more. Please couple ie the f ollow rug: Name of Local Agency City of Rancho Cucamonga Amounc of Total Pzoqram Allocation 5 199,000.00 Amounc Requested Eor 1997/88 5199,000.00 Prol¢ct (Park) Name Dollar AM1IO UnL (1987/98) 1. Additions to Exist inx Park Sites 50.000.00 2 Votth Town Park Development 149,000.00 7. 4. 5. F R, 9. 10. A cta ch extra sheet if you are applyrng Eor more rJ~.an ten pro)eccs. 1987/88 Totai 5199.000.00 Intended Request Eor 1988/89 5 -_ Intended Request for 1989/90 5 I have read an under sc and the assurances on the reverse side of thrs Eo rm/.! S tq n~ pZ Da thorxzed Repres to true of. Aq ncyl (Da to as RESOLUTION NO. 9'-a~ 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING THE "BASKETBALL HARDCOURT RETRO-FIT PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, It is the intention of the City of Rencho Cucamonga to construct certain improvements in the city of Rencho Cucamonga; and, WHEREAS, the City of Rancho Cucamonga has prepared plane and specifications for the construction of certain improvements. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that the plane and epecificetione presented by the City of Rancho Cucamonga be end are hereby approved ae the plane and epecificetione for "Basketball Hardcourt Retro-Fit Project." BE IT FURTHER RESOLVED that the Clty C18rk Sa hereby authorized and directed to advertise ae required by lea for the receipt of sealed bide or proposnls for doing the work specified in the aforesaid plane and specifications, which said advartlsement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSA G" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the office of the City Clerk in the offices of the City of Rancho Cucamonga, on of before the hour of 2:00 O'CLOCK P.M. on the 27th day or February, 1992, sealed bide or proposals for the "Basketball Hardcourt Retro-Fit Project" in said City. A prebid meeting is scheduled for 10:30 O'CLOCK A.M., THURSDAY, FEBRUARY 20, 1992, at 10500 Civic Center Drive. Bids will be opened and publicly read immediately in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bide must be made on n form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the Basketball Hardcourt Retro-Fit Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provision of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor ie required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in .~3 Faye z which the public work is performed, and rat less than the general prevailing rote of per diem wages for holiday aryl overtime pork. in that regard, the Director of the Deparl~mnt of Trrir,etrial Relations of the State of California is r.xn~; red to and has detPimi.ned snail general prevailing rotes of per diem wages. Copies of such prevailing rates of per diao wages are on file in the office of the City Clerk of the City of Itand~o grcamonga, 10500 Civic Center Drive, upper level, IL]ildlo naamon9a, California, and are available to any interested party on request. 4he (bntractir7g Agency also shall pose a Dopy of such determinatiore to be posted at the job site. the Nrrtractar shall forfeit, as penalty to the City of Ran3a Cuptmrga, twenty-five dollars ($25.00) for eadr laborer, porkman, or mec3ranic employed for satin calendar day or portion thereof, if such laborer, worleian, or medtinic is paid less than the general prevailing rate of wages herein- Irforn stipulated for any pork done order the attadred centtact, by him or 13' arty subcontractor order him, in violation of the pxovisiore of said tabor Cade. In aooordarxx with the provisioner of Section 1777.5 of the Iator Q7de as amended tn}' Chaplet 971, Statvt~ of 1939, and in aa~rdance with the regulatiore of the California Apprenticeship Council, properly irdentta~ed apprentices maY be e~ployed in the prosecution of the work. Atterrtion is dir+ectsd to the provisions in Sectiorev 1777.5 and 1777.6 of the tabor Cade voraP-rnirg the erfplayment of apprrlttices by the CUntractar or any subcorvttactor under him. Sation 1777.5, a5 amended, requires the Cbnltractor' or subcontractor employing tradesmen in any apprentiosable ooct,pation to apply to the joint apprentioeslrip mnnittee rraarest the site of the public works project and while administers the apprentioesh.ip program in that trade for a oertifipte of approval. 'the certificate will also fix the ratio of apprentices to jourrrey~r that will th used in the performance of the contract. 'fie ratio of apprentices to 7ourneYmen in rude cases shall not be less than ono to five A. ticeshi ommittee has exceeded an~rage by the joint apprnn- p verage of 15 peroerrt in the 90 days prior to the request far cprtifipte, or [3. When the number of appre~ttices in training in the area exoeeiv a ratio of are to five, ar c. When the trade can slaw that it is replacing at least 1(30 of its manbershi.p through apprenticeship tmirtirg on an armual basis statewide or locally, or D. h4wri the Ctxrtx~actor provides evidence that he enploys registered apprentices ar all of his contracts on an anrnwl average of not less than are apprentice to eight journaynws. ~ 3 F} Page 3 lfie Contractor is reyuixed to make antriGltia>.4 to futds established for the adm;ni~~tion of appretntioship <>~ if he e~loys registered apprentioeav or journeymen in airy apprentioeable trade on ardn mrtracts and if other CUntractors on the public works site are making such wntributlore. 'the Contracts and submntt.ector ruder him shall oooply with the rsgnirmwnts of Sections 1777.5 ant 1777.6 in the employment of apprentices. Information relative to apprenticeship stardatds, wage ~ Ies, and other requirements may be obtained from the Director of Irdu.~-trial Felatiais, ex-officio the ]kfininistrator of Appcrntice:hip, San FYamism, California, or fr® the Divisim of Apprnntioestnip Standards and its brands offices. Eight (8) bass of labor shall mrrstitnrte a legal day's work far all warkmen eliQloyed in the ewecution of this oarntract and the Contractor aId arty submntnactor aides him shall arnQly with and be goverrrad by the laws of the State of California having to do with workirq haws as set forth in DivLaion 2, Patt 7, Chapter 1, Article 3 of the Iabor Cade of the State of California as anerded. 'ltne Contractor shall forfeit, as a penalty to the City of Rancho CUCauotr3a, tarnty-five dollars ($25.00) far eadn laborer, workman, or mednariic enplCryed in the exeartion of the contract, by him or any subconf=-ector under him, upon any of the work hereinbefare mentioned, for eadn calerdar day dnsirg wtnidn said lab~er, workman, or mechanic is requred ar permitted to labs more than eight (e) bass in violation of said Labs Nde. ~rntractor agrees to pay travel atd suteistence pay to each warkman needed to exeivte the work required by this contract as snxit travel and subsistence payments are defined in the applicable collective bargaining agreertelhs filed in acmrdanoe with Labor cure Section 1773.8. 'the bidder mrst suit with his proposal cash, cashier's dnedc, certified ChedC, or bidder's bond, payable to the City of Rands Cucanrxga for an amount equal to at least ten percent (108) of the amxuit of said bid as a guarantee that the bidder will enter inrto the pnvpased contract if the same is awarded to him, and in event of failure to enter into such contract said Cash, cashier's check, certified Bieck, or bond shall beCnre the property of the City of Ratrlw Cucartuga. If the City of Farrl~o Cucamxga awards the contract to the next la~est bidder, the amamt of the lowest bidder's security shall be applisi try the City of Rarrho nncartrxga to the differenx between the law bid and the secotd lowest bid, and the surplus, if any, shall be returned to the loiest bidder. 'Ike amwnt of the bond to he given to sense a faithful perfornurnce of the contract for said wank shall be one hundred percent (1008) of the contract price thereof, and an adiitialal bond in an amairnt equal to fifty percent (508) of the contract price far said work shall be given to sense the payment of claims for any materials ~ supplies ftsrtistted far the perfonmurnce d~ I-~ Page 4 of the work mntracted to he dale by the Contractor, or arty work or labor of any kind done thereon, and the contractor will also 6e required to.furnL9h a certificate that he carries ~~Qenwticn insurance eoveriry his aiployees upon work to be done under contract which may be entered into between him and the said City of Fandro Cucamonga for the ~tiuc.-lion of said work. No proposal will be wnsidered fran a Contractor when a proposal form has not been issued by the City of Randn Cucaioarga. _...... _ ' Contractor shall possess a Class "A" License or a CLass "R" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. 'lhe work is to be drne in aoconiarrce with the profiles, glare, and specifications of the City of Pandro Cucamoga on file in the Office of the City Clerk at 10500 Civic OentPt Drive, Rarrtp Cucamaxla, California. Copies of the plans and specifications, available at the office of the City EYgineer, will be fr¢nistxd upon application to the City of Random Cucmmrya arcl payment of $25.00, said $25.00 is noncefta'rdable. ilpon written request by the bidder, copies of tha glare and specifi- catiaB will be mailed wTren said request is awa,Qarried by payment stipulated above, together with an additiorul norneimr+~tile payment of $15.00 to over the oust of mailing drargess and overhead. 4he suooessful bidder will be required to enter into a wrrtract satisfactory to the City of Rarx3ro Cucavrsga. In accordar~ with the rnn,iraronf~a of Section 902 of the Gerieial Provisiore, as set forth in the Plans aryl Specifimtiore regarding the work mrrtractrd to be done by the Contractor, the CbritlaCtor maYr t>pon the oorrtractor's request and at the Cbntracter~s sole cost and e~nse, substitute authorized seasities in lieu of monies witldield (performance retention). 'Ihe City of Rarciw Oxatoortla, California, rP5elVes the rir~rt to reject arty aryl all bids. By order of the Caarcil of the city of_Pand~o_CUratnorga,_California._ ADVERTISE DATES ARE: February 1.0, 1992, and, February 17, 1992, ~_3 ~ CITY OF RANCHO CUCAMONGA STAFF REPORT :,,: r,~: DATE: February 5, 1992 T0: Mayor and Members of the City Council FROM: Susan Mickey, Management Analyst I SUBJECT: E%TENBION OF COMCABT CABLE T.V. FRANCHISE Recommendation Adoption of Resolution 91-o12G extending Comcast~s Franchise License for 90 days. Hackaround The city staff would appreciate the opportunity to continue the negotiations with Comcast to insure that every opportunity has been made available to Comcast to obtain a Franchise License. Do/ja SM:978 Attachment d RFSOI-I71Z~I NO. 91-012G A RESOLUTION OF THE CITY COUNCII. OF TEfl; CITY OF RANCHO C[X:AMJN(',A, CALIFORNIA, EXTENDING (X7IMFY OF SAN BERNARDINO FRANCFIISE LICINSE WITIi COtM7tSi' CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRINT LICINSE WPIIQN THE CTIY OF RANCHO l'i]CATS'iNGA. WtN12FA.S, the Franrl~.ise I.ioettse cganted to Comcast Cable T.V. by the County of San Bernardino and gran3pa{}~Pred inter the City of Random Cuca~mnga will expire on Fetm~ary 6, 1992; arc] WFO~A,S, ne3otiations are orgoirg between the City of Rancho CUCamonga and Com.^.ast Cable T.V.; and WHII2FA.S, all terms and conditions of the current license will continue the same. NOW, THEREFtJRE, the City Council of the City of Rarx3io Cucamonga does hereby resolve to extend the FranGuse License for 90 days after the expira- tion of the current Cwnty of San Bernardim License. ~5 CITY OF RANCHO C'I'('AMONGA STAFF REPORT ~~ DATE; February 5, 1992 i TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~ FROM: Jim Hart, Administrative Services Director it SUBJECT: APPROVAL OF APPROPRIATION FROM THE SELF-INSURANCE RESERVE ~'i The City Council appropriate $]00,(100 from the self-insurance reserve into operafing account 01- 4285-3961, to cover expenses for the prior years claims. BACKGROUND During a fiscal year, the City has claims filed against it, pursuant to the government code, by various individuals or companies for alleged acts by the City which may have caused a personal or progeny loss by the claimant. When a claim is filed, staff, in concert with Carl Warren and Company, evaluates the claim, and if the claim is found to be meritorious, makes restitution with the affected party. If the claim is deemed to be non-meritorious, it is rejected and a reserve is established in the event a lawsuit is filed by the party. At the completion of the fiscal yeaq those reserves still carried on the books are placed into the self-insurance reserve account. This is done to ensure that funds are available in future years to handle the cost of litigation and settlement, if wamamed. Because it takes approximately 5 years for a claim to be processed through the court system, the reserve funds are held until the case is completely closed. At the time the reserve is released, due to closing a claim, the balance reverts into the City's general fund balance. When the fiscal year budget is developed, funds are allocated to cover the cost of anticipated current year expenses, as well as a portion of the expenses for past years. This is done to reduce the drain on the general fund and allows funds to be allocated to other activities. When the anwunt of funds allocated in the budget have been expended, funds to cover the balance of expenditures (or the fiscal year must be allocated from the self-insurance reserve into the operating account. Respectfully su(/bmitte~d, ~y----^ Jim Bart Administrative Services Director JH/dah CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1992 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager PROM: Jerry B. Fulwood, Deputy City Manager BY: Sandra G. Ramirez, Resource Services Supervisor SUBJECT: APPROVAL OF CITY'S SHARE OF COSTS IN FINES AND FORFEITURES LAWSUIT It is recommended that the City Council approve the expenditure of $2,037 from account O1-4285-6028 for our share of the ongoing costs associated with the Court Fines and Forfeitures litigation. The City Council has authorized the City to participate in a lawsuit with other cities in San Bernardino County to challenge the method for distributing and the amounts of fines and forfeitures given to cities from the county. The $2,037 is to cover the City's proportionate share of the professional fees for the auditor and legal counsel retained on behalf of the cities. The City has already received over $40,000 in fine and forfeiture revenues and we are expecting to receive more in the future. It is recommended that the City Council authorize expenditure of the funds to keep the City involved in a process that could have a positive impact on our revenues once the case is resolved. Res~ctfully submitted, i ~ ~. ~ ~. ~~ ~; ~~~vr. ferry B. Fulwoo Deputy City Manager JBF:SR:de CITY OF of.,ncro .,, VICTORVILLE F•``'tr; 6192{5-3411 rnx 619-243-7243 i 1 • ~ 14}4}Civic Drive lac,. ~•~ Yictorville. Cali(omia 923922399 ~~+{+e"ionr`~f CITY OF RANCHO CUCAh7Uh~. December 13, 1991 ADMINIRTR"TIN DEC 12 1991 ~8~9~WI11G]tEQ~8~4 J xck Lam laity ManaC P.C City of Rancho Cucamonga P. 0. Box SOi Rancho l:ucamonga, CA 91129 RF.: Vici.orv ille, et. al. v. San Bernardino County, et. al. Municipal Ccu rt Fines and Forfeitures Dear Mr. Lam: :1 billinq from Ernst and Young in the amount of 57,905.00 for professional services rendered July through October, 1991 was received and will be paid December L7, I991. This billinq is the Final 6i 11 ing for services to review the County's proposed methodology and calculations of the back fine revenues owed to the cit tes. The total fees amounted to 536,103.00; 533,515.00 for professional se rvtces and S'2.558.00 for out-of-pocket costs. The total fees are near the 528,000 to 533,000 proposed, exc Lrd inq out-of-pocket expenaes, set forth in Ernst h Ybun q's proposal of September 24, 1990. The city of Vir.to rvi lie has paid legal expenses amounting to 510,158.03 to Myers, tiave, Rrback & west. The City of Vic torville has billed each City its prnpo rr ronate share oC $62,054.26. At this time, the City of Victorville is bl llrnq each City its proportionate share of 58,103.77 oC legal expenses. Enclosed rs a bl tlinq for your City's proportionate share of the expenses in the amount of 51,90:1.00 (or Ernst k Sounq and 58,103.77 for Myers, Have, Riback k lir s t.. [f ynn shun ld require more information [o process this payment, please contact Tan ca Mould to at, fi19-245-3411, extension 343. Sincerely, uLLlr~t~ ~~f~Q%/ ddair M. Most Director of Finance AMM /TM: mtp >nvmnrv.tm h:n r;losum V SUMMARY OF THE CITIES AND ASSOCIATED PERCENTAGE OBLIGATION OF ERNEST 6 YDUNG AUDIT COSTS DUE TO COURT FINE LAWSUIT PERCENT PROCESS CITY POPUIJITION " OF TOTAL BILLING CITY OF ADELANTO 5,878 0.67 $ 52. 96 CITY OF BARSTOW 21,228 1..41 $ 190. 51 CITY OF BIG BEAR LAKE 6,403 0.73 } 57. 71 CITY OF CHINO 57,018 6.49 ; 513. 03 rlTy OF COLTON 17,909 4.31 $ 340. 71 CITY OF FONTANA 76,390 8.92 } 705. 13 CITY OF GRAND TERRACE 10,917 1.24 } 98. 02 CITY OF HIGHLAND 30,467 3.47 $ 274. 30 CITY OF NONTCLAIR 25,941 2.95 } 233. 20 ~_ITY OF ONTARIO 124,929 14.21 } 1,123. 30 CITY OF RANCHO CUCAMONGA 105,292 11.98 $ 947. 02 CITY OF REDLANDS 60,146 6.64 } 500. 70 CITY OF RIALTO 64,659 7,36 } 581. 81 CITY OF SAN BEANARDINO 153,620 17.48 } 1,381. 79 CITY OF UPLAND 64,291 7.31 } 577. 66 (:ITV OF VZCTORVILLE 31,885 __________ 3.63 } _________ _ 286. _________ 95 ___ 878,973 100.00 } 7,905. 00 SUMMARY OF THE CITIES AND ASSOCIATED PERCENTAGE OBLIGATION OF MYERS, NAVE, RIBACK S WEST LEGAL COSTB DUE ^.b COURT FINE LAWSUIT PERCENT FROGESS CITY POPOLATION OF TOTAL • BILLING CITY OF ADELANTO 4,703 0.79 'k 64. 02 CITY OF BARSTOW 20,560 3.44 $ 278. 76 CITY OF BIG BEAR LAKE 5,836 0.98 4 79. 41 CITY OF CHINO 52,014 8.69 'k 704. 22 CITY OF COLTON 31.661 5.29 8 428. 69 CITY OF FONTANA 59,978 10.03 k Bi2. e1 CITY OF GRAND TERRACE 9,877 1.65 i 133 .71 CITY OF MONTCIAIR 25,298 4.23 $ 342. 79 CITY OF ONTARIO 113,619 18.99 ~ 1,538. 91 CITY OF RANCHO CUCANONGA 80,420 13.4d 9 1,089. 15 CITY OF REDLAND9 54,156 9.05 i 733 .39 CITY OF RIALTO 56,432 9.43 g 764 .19 CITY OF UPLAND 58,941 9.85 A 798 .22 CITY OF VICTORVILLE 24,754 4.14 4 335 .50 SS8,249 100.00 i 8,103 .77 30 CITY OP RANCHO CUCAMONGA STAFF REPORT ~. DATE: February 5, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager j FROM: William J. O'Neil, City Engineer BY: Jo Lynne Russo, Integrated Waste Coordinator SUBJECT: LOCAL ENFORCEMENT AGENCY (LEA) REDESIGNATION Recommendation The City of Rancho Cucamonga City Council adopt the attached resolution redesignating the County of San Bernardino, Environmental Health Services as the Local Enforcement Agency (LEA) for the City of Rancho Cucamonga. Background The California Integrated Waste Management Act of 1989 (AB 939) ushered in a variety of changes in the management of solid waste for local jurisdictions. One such change allows each jurisdiction to redesignate their LEA to carry out the requirements of AB 939. The State law requires jurisdictions to keep the same LEA or to designate itself as its own LEA. In 1978, the incorporated Cities and the County of San Bernardino Board of Supervisors designated the County of San Bernardino, Department of Environmental Health Services (DENS) as the Local Enforcement Agency (LEA) for solid waste. The LEA is responsible for enforcing state and local minimum standards for solid waste collection, handling, storage, disposal, and permitting for the protection of air, water, and land from pollution and nuisance, and the protection of the public health and safety. Currently, DENS is applying for its redesignation, which requires a Resolution from the incorporated cities stating their desire to retain DENS as the LEA. A jurisdiction also has the option of becoming its own LEA or to be paR of a LEA through a Joint Powers Authority (JPA) with other cities. A requirement for becoming an LEA is the jurisdiction must have a solid waste facility within its boundaries. The City of Rancho Cucamonga does not have a solid waste facility within its city limits and does not belong to a JPA that has a solid waste facility. LOCAL ENFOREMENT AGENCY REDESIGNATION February 5, 1992 page 2 of 2 The City of Rancho Cucamonga, by itself or together with other cities may pursue developing a solid waste facility in the future and then consider designating itself as an LEA. Flscal Impact Redesignating DEHS as the LEA does not impose any direct costs to the City. DEHS, as the designated LEA is funded through a portion of the tipping fee, ($0.75 per ton) and also receives a portion of its funding from County permitting fees. No increase from the current fee is being requested. Respectfully, Submitted William J. O'Neil ~/ City Engineer WJO/jlr Attachment: Resolution 3a I~eoo ~ w~'rrn. No. 9a - 030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REDESIGNATING THE SAN BERNARDINO COUNTY, DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES AS THE LOCAL ENFORCEM~NTAGENCY WHEREAS, each jurisdiction must designate a local enforcement agency for the enforcement of minimum standards for solid waste handling, disposal, and permitting, or remand that responsibility to the California Integrated Waste Management Board; and WHEREAS, the County Department of Environmental Health Services possesses the required capabilities in environmental health and solid waste management to implement AB 939 (Public Resources Code §40000 et. seq.) and the ordinances, regulations, and standards that have been and will be adopted pursuant thereto; WHEREAS, the Department of Environmental Health Services has sufficient personnel and an adequate budget to carry out the enforcement program specified by law; and WHEREAS, letters of affirmation from a majority of the incorporated cities within the County with a majority of the population and from the County of San Bernardino Board o} Supervisors is required by Title 14 of the California Code of Regulations (14 CCR §18051) to redesignate an enforcement agency to implement the California Integrated Waste Management Act of 1989 (AB 939); and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that effective February 5, 1992: n 1. The San Bernardino County, Department of Environmental Health Services be redesignated as the City of Rancho Cucamonga's Local Enforcement Agency to carry out the provisions of AB 939. .33 J~Cs. 92 - Duo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REDESIGNATING THE SAN BERNARDINO COUNTY, DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY WHEREAS, each jurisdiction must designate a local enforcement agency for the enforcement of minimum standards for solid waste handling, disposal, and permitting, or remand that responsibility to the Califomia Integrated Waste Management Board; and WHEREAS, the County of San Bemardino, Department of Environmental Health Services possesses the required capabilities in environmental health and solid waste management to implement AB 939 (Public Resources Code §40000 et. seq.) and the ordinances, regulations, and standards that have been and will be adapted pursuant thereto; WHEREAS, the County of San Bemardirro, Department of Environmental Health Services has sufficient personnel and an adequate budget to carry out the enforcement program specified by law; and WHEREAS, letters of aHinnation from a majority of the incorporated cities within the County with a majority of the population and from the County of San Bernardino Board of Supervisors is required by Title 14 of the California Code of Regulations (14 CCR §18051) to redesignate an enforcement agency to implement the Califomia Integrated Waste Management Act of 1989 (AB 939); and Cucamonga doers hereb yresolRe that efflective February 5, 892: ancho Health SeSecN ces be redesignated asp the City of Rancho Cucamonga's Locaal Enforcement Agency to carry out the provisions of AB 939. ~y . 33 CITY OF RA:JCH( CCCA~IOtiGA STAFF REPORT GATE: February 5, 1992 ~~~~ T0: Mdyor and Members of the City C„_ncil ~9 Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer ~, 8Y: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF TIME IXTENSION FOR DESIGNATION OF A PORTION OF COTTONNOOD NAY AS A PRIVATE STREET AND EX EMPTIN6 THE A&1TTIN0 PROPERTIES FROM REQUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SU OJECT TO CERTAIN SPECIFIC CONDITIONS RECOMIEM011TIDN It is recommended that the City Council adopt the attached resolution accepting the time extension from February 5, 1992, to August 5, 1992, for the designation of a portion of Cottamvood Nay as a private street and exempting the abutting properties from requlrnments set forth in Chapter 12.08 of the Municipal Code subJect to certain specific conditions. BACK6RQIINI/ANALYSIS Cottonwood Nay was presented to the City Council on January 2, 1991, for declaration of private street designation. The resolution adopted declaring the private street designation also placed certain conditions to be performed. On April 3, 1991, Engineering Staff scheduled a neighborhood meeting to clarify arCy concerns the homeowners may have. An explanation of the resolution which designated Cottonwood Nay a private street, subiect to certain conditions, was given. Then questions from the property owners sere responded to. This meeting was held due to their misunderstanding that the City Council action of January 2, 1991, completed the process of making Cottonwood May private. On May 1, 1991, the City Council accepted Engineering Staff's recommendation of time extension from July 2, 1991, to December 31, 1991, to give property owners sufficient time to submit their request for waiver to the conditions or to comply with the conditions. Since the City Council meeting of May 1, 1991, up to December 31, 1991, Engineering did not receive any inquiries/submittals from the property owners. However, on December 31, 1991, Engineering received a letter from one of the property owner requesting for another extension of six months due to financial reasons. CITY CW NCIL STAFF REPORT COTTONENOOD MAY FEBRUARY 5, 1992 PAGE 2 Based upon our review of the appeal, Staff is recomirending another Lime extension be granted until August 5, 1992, to provide the property owners time to meet the required specific conditions. However, the resolution provides for the automatic removal of Cottonwood Nay from the private street list should the residents fail to comply with the conditions by August 5, 1992. Respectfully submitted, _ ,~~~~~ Milliam J. O'Neil/ City Engineer NJO: DJ :jh Attachment 3S RESOLUTION N0. g '1, ~~I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TIME EXTENSION FOR THE DESIGNATION OF A PORTION OF COTTONNOOD WAY AS A PRIVATE STREET AND EXEMPTING THE ABUTTING PROPERTIES FROM REpUIREMENTS SET FORTH IN CHAPTER 12.08 OF THE MUNICIPAL CODE SUBJECT TO CERTAIN CONDITIONS WHEREAS, designation of portions of Cottonwood Way as a private street subject to certain specific condi tl ans was approved by City Council on January 2, 1991; and WHEREAS, on May 1, 1991, the City Council approved a time extension of deadline from July 2, 1991, to December 31, 1991, that will provide the Cottonwood Nay residents sufficient time to submit a request for waiver to the conditions or to comply with the conditions. NHEREAS, the restdents have requested another time extensl on of deadl lne from February 5, 1992, to August 5, 1992. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLVES: SECTION 1: That above said time extension is hereby approved. SECTION 2: That should the residents fall to comply with the conditions a- s set forth in Resolution No. 91-009 by August 5, 1992, Cottonwood Nay shall be removed from the private street list. 36 E%HIB IT "A" DESIGNATED PRIVATE STREETS Name of Street 1. Strang Lane 2. Bella Vista Road Portion of Street Street de57gnati on 1300 feet east Sapphire Street to 1325 feet east Carnelian Street to 1320,5 feet west 3. Scott Lane street designation feet north 4. Mat Street Street deli gna Lion approximately 385 feet north 5. Cottonwood Nay Hellman Avenue to aDDroxlmately 665 feet west Carnelian Street toPrivate adopted Dased on 60% representation of petitioning property owners and 100 favorable representation at public hearing Private street deslgnatl on adopted based on 70% representation of petitioning property owners and 100 favorable representation at Public Hearing. Palo Alto to 630Private adopted based on 83% representation of petitioning property owners and 100 favorable representation at Public Hearing. Almond Street toPrivate adopted based on 100% representation of petitioning property owners. Specific conditions have to be met in order for the declaration of private street becoming effective in accordance with Resolution No. 90-452 37 J t ¢ kO~a +I J p rr ac i e°0 A ~< i .f1' 1 lr'J ~ 5¢~G ' ~ .~ qp~l . i 9p5P~ I u , o ' I o Iw a c ~ Q ~ C. PP.3 ]Ja. Pe. 1 ~ n I Q ~ , 9~ °' ' .° ~ l I e Obi .rev A'IY . O~V ~~ ~~....~MySY.i w\t i..~ • r r i . ._u~ Im' an ... ~ IO TIOb~$'J~ nON'7oN NA JIRIf ~ . ;, Pa• i. Par) Ps.S Perl r n•. ac r».. ~n.c i a.e I rra ac P0I 81k 10 °~ ~ e Por lal. ~ ~ ~ ~ Ll , O Oy Ir ti / O 6 ~ F~ i' j i p I yi ~ y N 6 e ~ ;~ °~~3 q1'r~' i i d r ~n ,, r n n 22; b/ CITY OF RANCHO CUCAMONGA ENGINEERING DM.4ION 3 g N rcEe~: Corro~vwooo rdAr ~~: EXHIDTI~ '~8•~ V- ~~~~ v uort HIM i SCX \ fioM <, WI 51 ( ra ~I ICMA ^~ CITY pg RANCHO CUCAMONGA ~''O~L'IG DM3ION ~~ S ~ ~ ~ 51 5 ~t:l~rro~ywrr~.ta ~,ay- ZR'I'I.E: EXHIDI'T~ '~, ,~ l: ilt ur rc.a ~~: tlu t~L~.~~luvu~. STAFF REPORT DATE: February 5, 1992 )'~ '~ " T0: Mayor and Members of the City Council ~~i,~r Jack Lam, AICP, City Manager r J~l ~j FROM: Will fam J. O'Neil, City Engi ;eer BY: Willie Vai Buena, Assistant Engineer SUBJECT: APPROVAL OF A SUBORDINATION AGREEMENT FOR WILLIAM R. ANO DOHA C. BARNES, FOR THEIR PROPERTY, LOCATED AT 12715 SUMNiT AVENUE, WEST OF ETIWANDA AVENUE AECOMIENDATION: It is recommended that the City Council adapt the attached resolution approving a Subordination Agreement submitted by William R. and Dona C. Barnes and authorizing the Mayor and City Clerk to sign same and cause the agreement to record. Background/Analysis A Real Property Improvement Contract and Lien Agreement was accepted by the City Council and recorded on May 31, 1984, as document No. 84-127730 in the Official Records of San Bernardino County, Sta*.e of California for construction of missing off-site street improvements including curb, gutter, street trees, street lights, sidewalk, asphalt pavement and appurtenant work ad,lacent to the property. In order to secure financing for personal reasons, the lender requires that the sub,iect Lien Agreement be subordinated to liens in favor of the lender. William R. and Dona C. Barnes has submitted the attached Subordination Agreement for City Council approval. Respectfully subm.i L_ted, ` '__~~~~~ William J. O'Neil. City Engineer -- WJO:WV:dlw attachment ~~ RESOLUTION N0. ~~- Q ~a' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SUBORDINATION AGREEh1ENT FROM WILLIAM R. AND DONA C. BARNES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME NHEREAS, a Real Property Improvement Contract and LT en Agreement for the installation of off-site improvements, including curb, gutter, street trees, street lights, sidewalk and asphalt pavement, was approved by City Council on May 16, :984 and recorded in San Bernardino County on May 31, :984, Instrument No. 84-127130 and WHEREAS, for the property owners to secure fi nanc tng for personal reasons, the lender requires that the above-mentioned lien agreement be subordinated to the lien in favor of Lhe lender; and WHEREAS, the property owners have subm7 tted a Subordination Agreement to that effect for the City's approval and execution. NOW, THEREFORE, BE IT RESOLYED by the City Council of the City of Rancho Cucamonga, Cal ifornla, that said Subordination Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Subordination Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest thereto. 5/TE' -~--_: _ _ SU/ /-i 5_ ~ I ...., l l ~ o ~ 9.90 A[. 3.140. 25 10 AC. 9.5 AG. 25 4.70 AC O 5 AG i ~ L e ---- eo ply I a ~e~~ ~ t~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION 7 ~a .,y/r AVENUE ~', j e F .' ~~ ~./O O (0 AL) 9.90AC. 4.6540 ITEM: 127/5 SUMiy/iT~?V~ TITLE: ~~„ EXHIBIT: C'ITT ilF' R~1\('HU CI'CAytOSGA STAFF REPORT GATE T0: FROM: BY: SUBJECT: February 5, 1992 . ~ . -r~ Mayor, and Memhers of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Steve M. Gilliland, Public Works Inspec to I1 yc9 APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TP,ACT 12332-2, LOCATED ON THE SDUTHEAST CORNER OF HAVEN AVENUE AND TACKSTEM PLACE, SUBMITTED BY M.J. BROCK RECOMIENDATION 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 to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security Lo guarantee the construction of the public improvements for Tract 12332-2 were approved by the City Council on January 19, 1989, in the following amounts: Faithful Performance Bond: E1,381 ,000 Labor and Material Bond: S 690,500 The developer, M.J. Brock, is requesting approval of a 6-month extension on said improvement agreement in order to complete the construction of sidewalk, drive approaches, and the installation of street trees. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respec tfuliy subm d, ~~ ~L U u '~/ William J. O'Neil City Engineer 'WJ O:SMG: sd A uachments '. ~ ~3 -- __~ M J Brock 8 Sons, Inc .,., ...•~s. ;,gve'cce~s er. ~t .... - . ~: :,.3 January 17, 1991 Mr. Steve Gilliland City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Re: Extension o£ Improvement Agreement for Tract 12332-2 Dear Mr. Gilliland: M.J. Hrock 6 Sons, Inc. requests a six (6) month extension of the above-referenced Improvement Agreement tc allow for the completion of sidewalk and drive approaches and installation of street trees in Tract 12332-2 per the Agreement. In accord with your recent letter regarding the expiration of the Agreement, enclosed is the acknowledged Improvement Agreement Extension form executed in triplicate together with a check in the amount of $251.00. Please process this request at the earliest possible date to facilitate compliance with City requirements. Do not hesitate to contact the undersigned should you have any questions concerning this matter. Sincerely, Richard L. Haase Director, Land Acquisition/Advance Planning RLH/tmb0016 Enclosure RESOLUTION N0. Q q. U a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 12332-2 WHEREAS, the City Council of the rity of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 5, 1992, by M.J. Brock as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the southeast corner of Haven Avenue and Tackstem Place; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conj unctt on with the development of said Tract 12332-2; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s Tdentified 1n 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 is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 1~ CITY OF RANCHO CUCAMONG~1 STAFF REPORT DATE: February 5, 1992 ~~>~ J, T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector II SUBJECT: APPROVAL OF IhY'ROYEMENT AGREEMENT EXTENSION FOR TRACT 13063, LOCATED ON THE EAST SIDE OF EAST AVENUE BETWEEN HIGHLAND AVENUE AND VICTORIA STREET SUBMITTED BY CITATION BUILDERS RECOMIENDAifON 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 to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public Improvements for Tract 13063 were approved by the City Council an January 5, 1989, in the following amounts: Faithful Performance Band: E908,000. Labor and Material Bond: E454,000. The developer, Citation Builders, is requesting approval of a 12-month extension on said Improvement Agreement, in order to complete the improvements 1n front of their last phase of houses, which will be constructed within the next 12 months. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submitt William J. O'Neii City Engineer NJC:SMGay Attachments ~rarion ~~~5 January 7, 1992 Mr. Steve Gilliland City of Rancho Cucamonga Engineering Division P. O. Box 807 Rancho Cucamonga, California 91729 Re: Improvement Agreement Extension 13063 Dear Mr. Gililand: ~'~ We are requesting herewith an extension of the Subdivision agreement for Tract 13063. As you are aware, the housing market this past year for upscale housing such as Tract 13063 provides, was dismal at best. Nonetheless, We have completed all improvements except sidewalk in front of 13 houses not yet started, and the Final cap of asphalt on the streets. To the extent we will shortly be initiating improvements on our contiguous Tract 13945, and which takes access from and utilizes the models in Tract 13063, we request an extension of the 13063 agreement until such time as we have substantially completed the construction and marketing of 13945. We anticipate that it will take approximately the balance of 1992 to accomplish this. This extension will pose no hardship or inconvenience to the residents of Tract 13063 and, we request your favorable consideration. Sincerely, F. G. ton, Jr. Develo ment Manag r FGL/sc ~~ 15101 Reonill Avenue, Suite 100, Tustin, CA 9 2 680 17141 2 581300, FAX 171412584415 RESOLUTION N0. 9a' pol~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EX iENS ION ANO 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 February 5, 1992, 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 east side of East Avenue between Highland Avenue and Yictoria Street; and WHEREAS, the installation of such improvements, described to said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13063; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Securl ty, which is identified in said Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Securl ty be and the same are hereby approved and the Mayor is hereby au thorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and Lhe City Clerk to attest thereto. ~-8 - - ------- CiTI" OF RAtiClicl CI'CA~IUM;A STAFF REPORT rr~,~ DATE: February 5, 1992 ~~i ( ' T0: Mayor, and Members of the City Council ._ . Jack Lam, AICP, City Manager j FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector I I~ ~I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13281 ', LANDSCAPE, LOCATED ON THE NORTHWEST CORNER OF BASE L[NE ' ROAD ANO ROCHESTER AVENUE, SUBMITTED BY THE NILLL4M LYON '~ COMPANY 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 to sign Bald agreement. 811CKGROUND/AI W. YS I S Improvement Agreement and Improvement Security to guarantee the construction of the public Improvements for Tract 13281 Landscape were approved by the City Council on February 16, 1989, in the following amounts: Faithful Performance Bond; E401,100 Labor and Material Bond: E200,550 The developer, The William Lyon Company, is requesting approval of a 12-ma nth extension on said improvement agreement 1n order to complete ail landscaping which is contingent upon the completion of ad3acent tracts being built by different developers. Copies of the Improvement Agreement Extension are ava11a61e 1n the City Clerk's Office. Respectfully submi , t'/ 0 W'tl William J. O'Neil City Engineer NJO:SMG:sd Attachments <~ ~~"ILLIA~I L7~D~ ~ n~nia~r~ ~9C VON KARMAN, PO 90% 7620. NEWPOR? 6EACH. CA 926587520 • (71d) 8333600 • FA% (71d) d]b~B604 January 17, 1992 Hr. Steve Gilliland public Norks Inspector City of Rancho Cucamonga 10500 Civic Center Dtive Rancho Cucamonga, California 91729 Re: Extension of Itprovement Agreement Tract 13281 Landscape Dear stove: Transmitted herewith are three (3) signed and notarized extenslona, including a check in the amount of 5251.00, as required for subject pm jeer. The installation of the landscaping Se contingent upon the completion of the tract by the merchant builder related to Ne tie-ins to our infrastructure. We hove been in contact with the builder and due to market conditions construction of this tract will not be completed within six (61 months, therefore we are asking for a one (1) year extenelon. If you have any questions regarding this matter, please contact me at (716) a76-5220. Thank you for your cooperation. Reepeatfully, Lori Bm~m Purchasing Inland Empire Division i 1b, 0027CRC J 0 REAL ES?A?E DE VEIOPM ENt RESOLUTION N0. Ra~oa5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FQR TRACT 13281 LANDSCAPE WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for Tts consideration an Improvement Agreement Extension executed on February 5, 1992, by The Nilliam Lyon Company as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northwest corner Base Line Road and Rochester Avenue; and WHEREAS, the instal tats on of Such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13281 Landscape; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NON, THEREFORE, the City Ccuncil 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 attest thereto. ~/ - ---- -CITY OF RAtiCHO CtiC'Ail10NG 1 STAFF REPORT GATE: February 5, 1992 ?0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer ', BY: Steve M. Gilliland, Public Works Inspector I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13565-5 THRU -30, LOCATED ON THE NORTHEAST CORNER OF SUMMIT AVENUE AND NARDMAN BULLOCK ROAD, SUBMITTED BY STANDARD PACIFIC RECOMMEMOATIOM It is recommended that the Ctty Council adopt the attached resolution, accepting the sub,iect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13565-5 thru -30 were approved by the City Council on October 30, 1989, in the following amounts: Faithful Performance Bond: 51,764,000 Labor and Material Bond: S 882,000 The developer, Standard Pacific, is requesting approval of a 12-month extension on said improvement agreement 1n order to complete the improvements, due to slow economic conditions. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submly N1111am J. O'Neil L% City Engineer NJO:SMG:sd Attachments 5 STASYDARD PACIFIC OF ORANGE COUNTY January t0, 199? ~~ 11r. Steve Gilliland Public \Vnrks Inspector City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Re: Expiration of Improvement Agreement for Tract 13565-5 through -10 Dear Steve: In accnrdanee with your January 2, 1992 letter, Standard Pacific hereby requests a 6 month time extension to the Improvement Agreement for Tract 13565/5-10. "I he extension of time has been requested due to the slowdown in the economy with regard to the housing industry. Currently all the necessary infrastructure has been installed in the tract to provide services to the existing residences. Future infrastructure improvements u~ll be installed with the development of the remainder of the tract. Attached is an executed Improvement Agreement Extension, with a check for'1'wo Hundred FiftwOne Dollars (5251.00). Should you have any questions, please fee! free to call. Cordially, Standard Pacitic of Orange County, a division of STANDARD'Q-/P/~A/CIF~IC CORP., a Delaware r~ati~~~' .~~ ~ . -'~~ C -' Mic el ~e Pr~ect Manager tt\V:III enclosure s.~ 1565 West Ma, Ar+h ur noulrva rd Cnsin Mesa. C aLhvma a262e, 91d~ee9~a]00 RESOLUTION N0. 9~- O A RESOLUTION OF THE CITY COUNCIL OF 7HE CITY OF RANCHO CUCAMONGA, CALIFIXtMIA, APPROYING IMPROVEMENT AGREEMENT EXTENSION ANO IMPROVEMENT SECURITY FOR TRACT 13565-5 THRU -10 WHEREAS, the City Council of the City of Rancho Cucamonga, Caiifornia, has for its consideration an Improvement Agreement Extension executed on February 5, 1992, by Standard Pacific as developer, for the improvement of pu611c right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Sumnit Avenue and Hardpan Bullock Road; and WHEREAS, the installation of such tmprovements, described in said Improvement Agreement and sub,l ect to the terms thereof, is to be done in con,l uncti on with the development of said Tract 13565-5 thru -10; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOM, THEREFORE, the rity 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 attest thereto. 5 `-~ ----_--- CITY OF RANCHO CL'CA~IOVGA STAFF REPORT ~-~~. GATE: February 5, 1992 ' T0: Mayor, and Members of the City Council Jatk Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer I BY: Steve M. Gilliland, Public Norks Inspector II~-~- SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13664, LOCATED ON THE EAST SIDE OF HAVEN AVENUE NORTH OF CHURCH STREET, SUBMITTED BY LENIS HOMES RECOMMENDATION 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. BACKGROUND/ANALYSIS Improveixent Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13664 were approved by the City Council on February 22, 1990, in the following anrounts: Faithful Derformance Bond: f140,000 Lahor and Material Bond: f 70,000 the developer, Lewis Homes, 1s requesting approval of a 6-nanth extension on said lmproveaw!nt agreement in order to complete the street improvements 1n the last phase of constructien. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectfully subs d, ~a~ N1111am J. O'Neil City Engineer NJ O:SMG:sd Attachments .~~ Lewis Homes Management Corp. 1 t66 NaM Movntam Avenue / N.O. Box 670 / Uplud, Gli(omia 91785-0670 774ry86-0971 FAA: 714A49~6700 January 16, 1992 i. ~ ~ City of Rancho Cucamonga 10500 Civic Center Drive P. O. Box 907 Rancho Cucamonga, CA 91730 Attn: Steve Gilliland Public Works Inspector Ref.: Extension of Improvement Agreement Por Tract 13664, 13664-1, and Flood Control Property Dear Steve: Enclosed please find an Improvement Agreement Extension, executed and notarized in triplicate, as well as our check in the amount of $251.00 for the above-referenced projects. Due to a general slowdown in the market, we would like to request an extension of 6 months to enable us to complete construction of the final phase and ita associated improvements. Thank you for your assistance and your consideration of our request. Sincerely, LEWI OMES MANAGEME , CORP. ~~~~ JMO:ksK Enclosures 1~-ti. , ~ to ,-~' Josep M!~ O eson Vice resident Senior Project Manager RESOLUTION N0. 9d-Q a7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13664 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 5, 1992, by Lewis Homes as developer, for the improvement of public right-of-way ad,~acent to the real property specifically described therein, and generally located on the east side of Naven Avenue north of Church Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and sub,{ect to the te,ms thereof, is to be done in confunction with the development of said Tract 13664; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improvement Agreement Extenst on. NOM, 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 is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ,~ - - ---- CITY OF RANCHO ('CCAJIONCA ,_.~ ~ . STAFF REPORT _, k- , _., .. GATE: February 5, 1992 J"s~ _I` 3 T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector lI SUBJECT: Ar'PRDYAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13851, LOCATED ON THE NORTHEAST CORNER OF WILSON AVENUE AND CANISTEL AYENUE, SUBMITTED BY PACIFIC INTERNATIONAL DEYELOPMENi RECOMMENDATION It is recommended that the Ctty Council adopt the attached resolution, accepting the su6,lect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. eACK910llIm/ANAL TS I S Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13851 were approved 6y the City Council on January 3, 1990, in the following amounts: Faithful Perforn~ance Bond; f1,042,000 Labor and Material Bond: S 521,000 The developer, Pacific International Development, is requesting approval of a 12-month extension on said improvement agreement. The Improvements have not yet comax•nced due to the slow econonp~.' Copies of the Improvement Agreement Extension are available in the City Clerk's Office. . C r ° f't"T Respectfully submit '~ J ~~ f~ William J. O'Neil ~ City Engineer NJO:SMG:sd Attachments PACIFIC INTERNATIONAL DEVELOPMENT, INC. q SuGUEUry M PgGIFIC CONSTPUCTON CO. LiD Ja miazy 1u, 1992 ~' ~.`.y c° .°.a ncho Cucamonga '_0500 Civic Center Drive Rancho Cucamonga, Ca 91729 At__.._.or.: Mr. Steve M. Gilliland Re: 3equest for Extension of Improvement Agreement fr.r Tract '.:3851 Gentlemen: In accordance with your instructions, enclosed please find three(31 fully executed and notarized application forms for requesting sxte nsion of Improve men*_ Agreement and a check in the amount of $251.00 for processing the application. In addition, please find a cony of Nousinq Marketing Report published 6y The Meyers Group for your reference. ?aci `_ic International Development, Inc. hereby requests a ene year extension of the Improve went Agreement as a result of current depressed housing market due to the economic downturn we have experienced for the past year and half. we have no alte=native but continue to place the project on hold. As you can see from the attached report, there still remains little oz no demand for those homes in the price ranging from $910,000 to $505,000 which we proposed to build. To date, we have completed rough grading, storm drains, all underground utilities, 904 of curbs and gutters, and south side block wall. Remaining work will include street paving, final grading, landscaping and trail Eencinq. It is estimated that the remaining work can be completed within three months once ve deciu'e to reactivate the project when the housing market. improves significantly. All necessary precautions have been taken to control wind and storm erosions. If you have any questions and need additional information, please feel fcee to contact the undersigned. Very traiy yours, ~~~e ~ Daniel Zau Vice ?resident -~ 9 939E SeventeanM St., Santa Ana CA 92701 Tel: 171015419927, Fax: 171415fi89841 RESOLUTION N0. 9a ~ Oa b A RESOLUTION OF THE CITY COUNCIL OF THE LITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 WHEREAS, the City Counctl of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 5, 1992, by Pacific International Development as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Wilson Avenue and Canistel Avenue; and NHEREAS, the Installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13851; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identlfted in said Improvement Rgreement Extension. NON, THEREFgIE, 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 is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ~~ CITY' OF RANCHO Ci.'Cd.110NG.1 STAFF REPORT DATE: February 5, 1992 T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager i FROM: Nilliam J. O'Neil, City Engineer ~'~ BY: Steve M. Gilliland, Public Norks Inspector II~iG I SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 14121, LOCATED ON THE SOUTHNEST CORNER OF HIGHLAND AVENUE ~ AND MILLIKEN AVENUE, SUBMITTED BY J.P. RHOADES DEVELOPMENT i RECBMIEMDATIgI [t is recommended that the City Council adopt the attached resolution, accepting the subiect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACK9tDUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public Improvements for Tract 14121 were approved by the City Council on February 21, 1991, in the following amounts: Faithful Performance Bond: 5692,000 Labor and Material Bond: 5346,000 The developer, J.P. Rhoades Development, is requesting approval of a 12-month extension on said Improvement agreement. The improvements have not yet commenced; however, the developer plans to start within the next two months. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submltt d, ~~~ Nilltam J. O'Neil City Engineer NJO:SMG:sd Attachments J. P RHOADES DEVELOPMENT IeOi~C Parkcourt Place Santa Ana CA 8270/5080 PO. Boz 1973. Santa Ana CA 927021973 (774)972-9944 Eq}((7141973~0885 F4 nneth T France _~ _ Protca Vanagcr ConsuRaN Janue ry 16, 1992 CITY OF RANCHO CUCAMONGA P. O. Box 507 Rancho Cucamonga, CA 91729 Attn: Steve N. Gi)ii lend Engineering Division RE: TRACT 11121 Dear Mr. Gi)Ii /and: We have been unable to obtain construction financing because of a continued weak sales activity. Sa ies have started to pick up however, end we will begin construction on our Impravemen LS in March or April of this year. We respectfully request an extension of the Improvements Agreement far Tract +4121 for 24 months. the tract has been graded and the ma fnline sewer and latere is are complete. The perimeter walls are aiso completed. We apprec iete your consideration in this request. Sincerely, J. P. Rhoades Development / /~~ Kenneth T. e Project Menagar/Consuitant K7F/,let fnc Insure: Improvement Agreement Ex tens Ion and check fn the amount of f25 f, 00 YeNI'I'2' ~ l~ RESOLUTION N0. ~~-Oc~'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPRDVING IMPROVEMENT AGREEMENT EXTENSION AND IMPRDYEMENT SECURITY FOR TRACT 14121 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on February 5, 1992, by J.P. Rhoades Oevel opment as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the southwest corner of Highland Avenue and Milliken Avenue; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is t0 be done in conjunction with the development of said Tract 14121; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NOM, 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 7s hereby authorized to sign said improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ~~ -- ----- CITI' OF RAtiCHO CLCAYSOtiGA STAFF REPORT ~_ DATE: February 5, 1992 T0: Mayor, and Members of the City Council j Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer ~, BY: Steve M. Gilliland, Public Norks Inspector II ~~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR DR 89-21, LOCATED ON THE NORTHEAST CORNER OF SPRUCE AVENUE AND NHITE OAK AVENUE, SUBMITTED BY GREAT NESTERN HOTELS, INC. '~ i RECONENDATION 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. BACKGROUIO/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for DR 89-21 were approved by the City Council on February 21, 1991, in the following amounts: faithful Perfonxance Bond: 573,500 Labor and Material Bond: 536,750 The developer, Oreat Nestern Hotels, Inc., is requesting approval of a 6-month extension on said improvement agreement in order to complete the remaining street improvements. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Respectfully submlyEgd, C/~ N1111am J. O'Neil (\UJy,~' City Engineer NJO:SMC:sd Attachments RESOLUTION N0. 9~ - Q ajb A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROYEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR DR 89-21 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an improvement Agreement Extension executed on February 5, 1992, by C^eat Nestern Hotels, Inc. as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the northeast corner of Spruce Avenue and Nhi to Oak Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subj ect to the terms thereof, is to be done in conjunction with the development of said DR 89-21; and WHEREAS, sa14 Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improvement Agreement Extension. NOM, 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 is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. (~S C[TY OF RANCHO CUCA~tONG~ STAFF REPORT '` ~, r . GATE: February 5, 1992 ~9~ ~`3,~ T0: Mayor and Members of the City Council Jack lam, AICP, City Manager FROM: NitlTam J. O'Neil, City Engineer BY: Steve M. Gilliland, Pub11c Works Inspector II SUBJECT: ACCEPTANCE OF IMD ROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR TRACT 13565 - 24TH STREET IMPROVEMENTS, LOCATED ON 24TH STREET BETNEEN WARDMAN BULLOCK ROAD AND SAN SEYAINE AVENUE IafCOM1ENDATION: The required street improvements for Tract 13565 - 24th Street have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 573,800, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond 1n the amount of 5738,000. BACKGNWND/ANILLYSIS Tract 13565 - 24th Street - located on 24th Street between Wardman Bullock Road and San Sevaine Avenue DEVELOPER: Standard Pacific 1565 W. Mac Arthur Boulevard Costa Mesa, CA 92626 Accept: Release: Maintenance Guarantee Bond (Street) E 73,800 Faithful Performance Bond (Street) 5738,000 Respectfully submitted, ` ~~C~~L~ Wi111am J. O'Neil _, City Engineer NJ O:SMG:sd Attachment RESOLUTION N0. 9a- OBI A RESOLUTION OF THE CITY COUNCIL OF THE CIiY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13565 - 24TH STREET ANO AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 13565 - 24th Street have been completed to the sa ti sfac tf on of the Gi ty Engineer; and WHEREAS, a Notice of Completion is required to he filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorde.^ of San Bernardino County. ~~ - CITY (lF RAtiCHO CCCAMONGA STAFF REPORT DATE: February 5, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector II SUBJECT: ACCEDTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION FOR PARCEL MAP 9897, LOCATED ON THE SOUTHEAST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY RECOMIEMDATION: The requT red street improvements for Parcel Map 9897 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bonds in the amounts of f9,000.00, (27,400.00, (10,300.00, f15,711.00 and (40,760.00, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds in the amounts of f90,000.00, (274,000.00, 5103,000.00, (15,111.00 and f407,600.00. BACKGROUND/ANALYSIS Parcel Map 9891 - located on the southeast corner of Church Street and Terra Vista Parkway DEVELOPER: Lewis Homes 1156 N. Mountain Avenue Upland, CA 91785 Accept: Maintenance Guarantee Bonds f 9,000 - Elm Avenue f27,400 - Town Center (10,300 - Terra Vista Parkway f15,711 - Storm Drain 540,760 - Church Street CITY COUNCIL STAFF REPORT PARCEL MAP 9897 February 5, 1992 Page 2 Release: Faithful Performance Bonds f 90,000 - Elm Avenue (274,000 - Tawn Center f103,000 - Terra Vista Parkway 5157,110 - Storm Drain t407,b00 - Church Street Respectfully submittedG/~~/""' Nilliam J. O'Neily City Engineer NJO:SMG:sd Attachment ~9 RESOLUTION N0. 9~~ (~3a' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOliGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 9897 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK WHEREAS, the construction of public improvements for Parcel Map 9897 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. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sT gn and file a Notice of Completion with the County Retarder of San Bernardino County. Q DATE: February 5, 199 T0: Mayor and Membe Jack Lam, AICP, City Manager FROM: Nllliam J. O'Neil, City Engineer BY: Steve M. 0111 i1 and, Public Norks inspector II SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF eONOS AND NOTICE OF COMPLETION FOR PARCEL MAP 11030 - TRAFFIC SIGNALS, LOCATED ON HAVEN AVENUE 8 TOIIN CENTER DRIVE AND SPRUCE AVENUE d TONN CENTER DRIVE RECOMMENDATION: The required improvements for Parcel Map 11030 - Traffic Signals have been completed 1n an acceptable manner, and 1t is recamaended that City Counctl accept said improvements, authorize the City Engineer to file a Notice of Campl etton and authorize the City Clerk to release the Faithful Performance Bond in the amounts of 593,500 and 582,500. BACKGROUND/ANALYSIS Parcel MaD 11030 - Traffic Signals -located on Haven Avenue d Town Center Or1ve and Spruce Avenue d Town Center Drive DEVELOPER: Lewis Development Company 1156 North Mountain Avenue Upland, CA 91786 Release: Haven Avenue 8 Spruce Avenue 8 Town Center Drive Town Center Or1ve Faithful Performance Bond (Signaisi 593,500 582,500 Respectfully submit ed t 7'~ \, ~ ~~ Ntiliam J. O'Neil iJ City Engineer NJO:SM6:sd Attachment CITY OF RAtiCHO CL'CAMONGA STAFF REPORT 2 rs of the City Counctl RESOLUTION N0. ~~ ~~~ A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11030 - TRAFFIC SIGNALS AND AUTHORIZING THE FILING Of A NOTICE Of COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Parcel Map 11030 - Traffic Signals 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 is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion w7th Lhe County Recorder of San Bernardino County. / d- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: February 5, 1992 T0: Mayor, and Memhers of the City Council Jack Lam, AICP, City Manager FROM: M111iam J. O'Neii, City Engineer BY: Steve M. Giliitand, Public Works inspector SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 13823 LOCATED ON THE SOUTH SIDE OF LEMON AVENUE BETNEEN BARSAC PLACE AND SEMiLLON PLACE, RECOlMEMDATIOM Tt is recommended that the City Council authorize the Ctty Clerk to release the Maintenance Guarantee Bond. BACK6ROIIMD/ANALYSIS The required one year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. DEVELOPER: Alta Loma/D.K. Joint Venture 15060 Ventura Boulevard M400 Sherman Oaks, CA 91403 Release: Matntenance Guarantee Bond (Street) f5,300.00 Respectfully sub(m/~i~tt~e~d¢~, Ni111am J, O'Neil ~~ City Engineer NJO:SMG:Iy -------- CITY OF RANCHO CCCA310NGA - STAFF REPORT x1 ~ ~~ -~.-z GATE: February 5, 1992 T0: Mayor and Members of the r,1ty Council Jack Lam, AICP, City Manager FROM: llilliam J. O'Neil, City Engineer I~~ BY: Monte Prescher, Public Norks Engineer SUBJECT: ACCEPT THE CORPORATE YARD IMPROVEMENT PRQIECT, LOCATED AT 9153 NINTN STREET, CONTRACT CO 88-172, AS COMPLETE AND AUTHORIZE THE CITY ENGINEER TO FILE A "NOTICE OF COMPLETION" It 1s recommended that the City Council accept the Corporate Yard Improvement Project as complete and authorize the City Engineer to file a "Notice of Completion." BIICI(GAOUND/ANALYSIS The sub,~ect pro,~ect has been completed ,in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. Respectfully submi~ted, - N7111am J. O'Net ~~~~ City Engineer NJO:MP:sd cc: Purchasing RESOLUTION N0. g `~- Oj~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR SHE CORDORATE YARD IMPROVEMENT PROJECT, CONTRACT CO 68-172, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK NHEREAS, the construction of public improvements for the Corporate Yard Improvement Protect, Contract CO 88-172, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Gomptetion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. /~ ORDINANCE NO. 483 AN ORDII~NCE OF THE CPiY OOIMCIL OF THE CITY OF RANQi0 QICAMOrX',A, CALIFORNIA, ADDING SECf'ION 17.08.070-F 'iO 'ik^s RANCHO CUCAMONGA MUNICIPAL NDE, PEFa71INING TU THE RE~7IARTON OF RELRiFATTO[~U~L VEHICLE PAFIICING AND SIURAGE WITf@I RESIDENFIAL DISFRICl`S A. Recitals. (i) On May 16, 1990, the City Council reviewed the current Recc'ea- tional Vehicle regulations, arc], as a result this revie.~ aryl public testimony, referrer] the matter to t}ie City's Public Safety Camiission and the Planning Crnmission for review arc] remmrondation. (ii) The Public Safety Commission held public meetings on the issue on June 12, Aix)tist 7, arc] i1=ipmb+- 4, 1990, arc] recsmmJtded that the existing ordinance ba retained. (iii) The Plarming Crnmiccietl held public hearirys on the issue on June 27, July 25, ~optanbr 26, 1990, arc] May 22, 1991, aryl re~rnnienierl that the existirg ordi.nazwe to retained, with minor modifications. (iv) On Jute 19, and again on October 16, 1991, and January 15, 1992, the City Council held duly advertised public hearings, reviewed reomr mendations made by the PlarviinxJ and Public Safety Commissions, and considered public testimony. These heazings were concluded prior to the adoption of this Ordinance. (v) All legal prerequisites prior to the adoption of this Ordinance have oc~urx~ed. B. ordinance. NOW, THEREFORE, the City Council of the City of Fa~x3w Ctlcamorga does hereby ordain as follows: SECPION 1: 'It~at all of the facts set forth in the Recitals, Part A of this ordi~nce, aze true arc3 correct. SECTION 2: Subsection 17.08.0"!0-F, to read as follows, is hereby added to the Municipal Code: Recreational Vehicle Parking and Storage. 'Ihe parking and storage of recreational vehicles on residential properties, in all residential districts, shall be subject to the provisions of this Section. / W Ordinazge No. 4H3 Page 2 1. Recreatio~l vehicles defined. For the purpose of this Sec.-tia~, "Recreational Vehicle" shall mean a motor hare, travel trailer, nrxmtsl conger, or a )xat on a trailer, provided that such vehicles are mt canmscial vehicles or usa3 for camwrcial purposes. 2. Recceatiaial vehicle parking shall mly be permitted within an enclosed gara~p_, carport, or a similar struCtur'e, mr if outdoors, in an authorized off-street paved parking area. All other pazkirq or storage shall be prohibited. 3. Authorized parking areas. Authorized outdoor parking aeeas shalt be limited to the locations and cotditions deecribe3 belor: (a) Recreational vehicles may be parked ar stored in the side or rear yard areas, providall that such areas are screened frcm view from the str+aet, public rightrof- way, and adjacer2 properties 1iY a legally ~.vcted fence, wall, or equivalent screening material at least five (5) feet in height; (b) Recreational vehicle parking areas within side aid reaz yan9s shall be limited to 5 percent of the total lot area or 500 square feet, whichever is greater, unless constructed pssuant to an apprwe3 Mimr DeveloQrer~t Fevied; (c) Recreational vehicles may also be parked within public view in avtharized parking areas within the front yard, or corner side yard abutting a street, For temporary periods o£ time not to exceed S8 hours, exa~.pt as noted in paragraph (d) balod, (d) Time limits establisho3 in paragraph (e) may be waived for a specific property when all of ttie folloaing cprditions can be denn»",trated: 1. current rnmer or resident has resided on said property since prior to OeoacJ~er 31, 1991; arcl 2. C\urent vanes, ar resident has adnfti a Rec[-ea- tional Vehicle sincx prior to Decemlx~s 31, 1991, while residing on the property; and 3. Property in question canner reasonably aooamm- date recreatiaial vehicle storage in the side or rear yard; and 4. Recreational vehicle may only be parked or stored on a paved surface loratecl between the driveway and the nearest side property line; and ~~ Ordinance No. 483 Page 3 5. Property in Qxstion is N(7P located Within the Planned Communities of Caryn, Tena Vista, or Victoria. 4. Parking area maintenance. All parking areas within public view frun the street, public riot-of-way, or adjacent properties shall be surfaced with a permanent paving material. Stxh areas shall be maintained in goad usable cotdition, free of potholes and broken sections to prevent the acewulation of mud, dust, and weg3.s, and shall be kept free of detsis, dirt, and other loose materials. 5. Violation of airy provision of this x.^^'-ion shall be punishable as an infraction. SDCPION 3: The City Council declares that, should airy provision, section, paracyaph, sentence, ar word of this Ordir~~roe be rendered ar declared invalid by any final taut action in a court of cn~etrnt jurisdir tion, or b~+ reason of airy pree~tive legislation, the remaining provisions, sections, paracyaphs, sentences, and words of this Ordinance shall retain in full force and effect. Fluther, the City Council declares that none of the provisions of this Ordi}arice. are interde3 to supersede or in arty way affect any Covenants, Conditions & Restrictions (CC&R's) whidr may be in effect in certain areas subject to this Ordinanoe. SFX.TION 4: 'lire City Camcil of the City of Random Cucamonga hereby approves this Municipal Code Nrordtrent. 3FSTiON 5: 'Ihe Mayor shall sign this ordiraiice and the City Cletk shall cause the same to be published within l5 days after its passage at least once in the Inland Vallev Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Ncamonga, California. ~S ----~-- - CITY' OF R,4NCH0 CI"CA~fOAGA STAFF REPORT ,-~t^~'~ DATE: February 5, 1992 ]~i,';._,~ ,, T0: Mayor and Members of the City Council ~~~~CC__ i Jack Lam, AICP, City Manager FROM: Nm. Joe O'Neil, City Engineer ~, BY: Paul A. Rougeau, Traffic Engineer SUBJECT: CONSIDERATION OF ENY IRONMENTAL ASSESSMENT AND ETI NANDA SPECIFIC PLAN AMENDMENT 91-01 - CITY OF RANCHO CUCAMONGA - A REQUEST TO i AMEND THE STREET SYSTEM MAP OF THE ETINANDA SPECIFIC PLAN TO CHANGE 1HE PORTION OF MILLER AVENUE BETMEEN ETI NANDA AVENUE AND EAST i AVENUE FROM A COLLECTOR TO A SECONDARY ARTERIAL. THE PLANNING i COMMISSION RECONHENOS ISSUANCE OF A NEGATIVE DECLARATION. RECDMENDATION The Planning Commission recommends that City Council approve Etiwanda Specific Plan Amendment 91-01 and issue a Negative Declaration through adoption of the attached Ordinance. BACKER OD11D/AJUL YS I S Miller Avenue between Etiwanda Avenue and East Avenu¢ currently is a uncompleted street with a pavement width varying from 22 to 28 feet with no curb and gutter. It is designated as a two lane collector street w7th a curb to curb width of 44 feet within a right-of-way of 66 feet by the Etiwanda Specific Plan (refer to Exhibits "B" and "D"). This designation is in conflict with the General Plan, which shows it as a four lane secondary arterial with a curb to curb width of 64 feet within a right-of-way of 88 feet. this anrendment will bring the Specific Plan into conformance with the General Plan. Revised Etiwanda Specific Plan figures are shown on Exhibits "C" and "E". The existing traffic volume on this segment of street is currently low, 430 average daily traffic (ADT). However, the City's traffic model forecasts a volume of 15,000 ADi in the year 2010, which exceeds Lhe capacity of a collector street, therefore reRuiring the next larger City standard street which is a secondary arterial. A four !one width is consistent with the existing portion on the east side of East Avenue in the City of Fontana and the portion on the west side of Etiwanda Avenue extending to Archibald Avenue. CITY COUNCIL STAFF REPORT ESPA 91-01 February 5, 1992 Page 2 DLAINIIN6 COMMISSION ACTION The Commission at its December 17, 1991, meeting heard this matter at a public hearing and approved Resolution No. 91-191 recommending approval of the amendment and issuance of a Negative Declaration. CORRESPONDENCE This item has been advertised as a public hearing in The Inland Valley Daily Bu'.letin newspaper, the property posted with the suppTemen~aT-n~Tf ci~atl-on s g--i n; and notices sent to all property owners within 300 feet of the pro,Tect site. Respectfully submG%~ Wm. Joe O'Neil y/~~/,~f City Engineer NJO:PAR:sd Attachments: Exhibit "A" -Location Exhibit "B" -ESP Figure 5-6 ExhlbTt "C" -ESP Figure 5-6 Amended Exhibit "D" -ESP Figure 5-29 Exhl6it "E" - ESP Figure 5-29 Amended Planning Commission Resolution of Approval Planning Commission Staff Report of 12-11-91 (Continued to 12-17-91) Planning Commission Minutes of 12-17-91 Ordinance ~~ uW E ROAD ~ __ ', I _` - -- ~~ - ~' .- -----1 -.--~~.. / w~~itElQ ~ 14 LAMES ~ Q h-: -~"! CITY OF ~~~~~~' FCNTANA ~._u~ 4 IJ~NES r "-_~- ~ RfbIQNRL cfNri<~ ''~~a I,' _i~ y ,; % ~ ~'~" ti~ ' ~'~-~-- --- ~~ ,.~ ~ _ ,- ~~ CITY OF RANCHO CUCAMONGA ENGII~MG DIV79ION g .~ N ~; SPA 91-DI TITLE: ~,pCpTIDN MAP M A ,~ EXHIBIT: ,. ,.v..,o. J ~'~ • Freeway Access ta' MaJor Arterial ~ i ~ Secondary Arterial ~~ , Special Dssign _. / ~ Collector J / ` C Local Streets ~~ ~ title figure ~ ` ~ ' ~' STREET SYSTEM 5-6 CITY OF RANCHO CUCAMONGA ENGIIIEERING DItlL4I0N ~~, N TPEM: ESAA 9/-OJ IWAN 1 P/ N T11T.E: FI6tIRE 5-b ~~ ~ ~~ EXHIDIT: a~ +N i - ^-S ' y, i / rJ ~a ti- ~/ --~,/ ~{ tlt i ~ ,,, CITY OF RANCHO CUCAMONGA ENGIIVEERING DIVISION C1-~ • Freeway Aeceas ~ Major Arterial ~~ Secondary Arterial 1MM~ Special Design ~~ Collector jr Local Streets flyur• SYSTEM 5-6 N ITEM: ESPA 9j•DI fiTIWANC IF/lrA~~V TRTLE:Etb• S-b Arr~vne0, EXHIBIT: ~ G a N CITY OF i~~,~N~~ fD 1 RANCHO CUCAMONGA TTfLE:Fib s-24 ENGINEERING DIVI.4ION ~~ EXHIBIT: ~ ~ ~~ MILLER AVENUE East of Etlwanda Avg. FIG. 5-29 MILLER AVENUE Eaat of Etlwanda Ave. FtG. 5-29 (AMENDED) CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION K 5 N TrEM: ESPR 91-D i vow i ~ TI1'LE;F/b. 5-29 AMENGL~D ERHIBIT: ' ~ ~~ AESOLUT ION NO. 9i-.91 A RESOLVTION OF THE PI~AIiN ING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF ENVIAONIfENT ASSESSMENT AND ETIWANDA SPECZFIC PLAN AMENDMENT 91-01, REQVESTING TO UPGRADE MILLER AVENUE BETWEEN ETIWANDA AVENVE AND EAST AVENUE AS SHOWN IN THE SPECIFIC PLAN, FROM A COLLECTOR STREET TO SECONDARY ARTERIAL, AND MAEINC FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Thq City of Rancho Cucamonga hag filed an application for Et iwanda Specific Plan Amendment No. 91-01 a• deacribgd in the title of this Resolution. Hereinafter in thl• Resolution, the subject Eiiwanda Specific Plan Amendment i• referred io as "the epplicaiion." (ii) On December 11, and continued to December 17, 1991, the Planning Commission of ehq City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (iii) All legal prgraquie lte• prior to the adopt ion of this Resolution have occurred. B. Resolution. NOW, TNEREPORS, Lt U hgrqby found, dgtgrminqd, and reao lved by the Planning commission of the city of Rancho Cucamonga aq follows: 1. Thi• Commies ion hgrqby epgcif icelly tindq that all of the facts set forth Ln the Recital e, Part A, of this Resolution era true and correct. 2. Baegd upon eubetent Sal evldencq presented to this Commission during ehq above-rgfgtqneqd public hearing on DgcgmbK 11, continued to Dec ember 17, 1991, including wrlttgn and oral atatf rgportq, together with public tegtlmony, thL commluion hgrqby epgcLfically findq aq follows: (al Thq propood amgndmgnt will not havq a •19nlf icant impact on the gnvltonmgnt ae gvldgncsd by thq conclusions end [indingq of the Initial Study, Part II; end (b) Thq Aawndmgnt done not conClLct with the circulation policie^ of thq Clty'• Ggngral Plan) (c) Thq propowd Amendment i• ngcga ucy to dggtgnatq Miller Avenue a secondary artgrla l; (d) Thq Amendment doq• not conflict wLth tN lend uea policies of the General Plan snd will provide for development, within thq district, in a manner conaLGnt with the agmral Plan end with relative dewlapmmt; antl (a) Th i• Amendment does promotq thq goals end objectives o[ the Etiwand• SpgcillC Plan; and ~P PLANNING COHHI95IGN RESOLUTION NO. ._-_._ ESPA 91-01 - CITY OF R.C. ^ecember 17, 1991 Page 2 (f) Thie Amendment would not be materially injurious or detrimental to the adjacent properties and would not have a eL9nif Scant impact an the Environment nor the surrounding propert See. 3. Bneed upon the eubetantial evidence presented to this Commies ion during the above-referenced public hearing and upon the epaeif is findings of facts set forth in paragraphs 1 and Z above, thin Commission hereby finds and concludes ae follows: (n) The Amendment promotes the goals of the circulation element of the Etiwanda Specific Plank and Plank and ;b) The proposed Amendment La in conformance with the General (e) The Amendment does not conflict wLCh the circulation policies of the Etiwanda Specific Plan) and (d) The Amendment would not be materially injurious or detrimental to the adj ac•nt properti•e. 4. Thie Commission hereby finds that the project hu bean rov Lowed antl cone idared in compliance wish the California Environmental Quality Aet of 1970 and further this Coamlu lon recommends the luusnce of a Negative D eciarat ion. 5. Based upon the flndin9e end conclusions set forth in paragraphs 1, 2, 3, and 4 above, tM PLenning commL•SOn of tM City of Raneho Cucamonga hereby recommends approval of the Etiwanda Specific Plan Amendment No, 91-01 to change ih• dsslgnat ion for Miller Avnus betws•n Etiwanda Avenue and Eeet Avenue from a collector to a secondary arL•rial art. 6. Ths Ssczetery to this Commiu ion shall cart Sty to the adapt icn of this Reeolutlon. APPROVED AND AOOPTBD THIS 17TH DAY OP DECEMBSA 1993. PLANNING CONK ISSION OP TH6 CITY OP RANCHO CUCANONGA 8Y: ATT' ~~ PLANN'_NG COMMISSION RESOLUTION NO. ?1-iii ESPA 91-01 - CITY OP R.C. Oacember 17, 1991 Page 3 I, Brad Bu llec, Secretary of the Planning Commies ion of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Coonaieeion of the City of Rancho Cucamonga, at a regular meeting of the PLanninq Commission held on the 17Ch day of December 1991, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCN IEL, MELC YER, TO LSTO'I, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 88 CITY OF RA?vCHll CCC;~1~tOVGA STAFF REPORT ..,_~ ~~ ~~. ~~ ,l. . ~C~ , DATE: December 11, 1991 T0: Chairman and Members of the Planning Commission FROM: Barrye R. Hanson, Senior Civil Engineer BY: Barbara Krall, Assistant Engineer SUBJECT: ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 91-01 - - reques o amen a ree ys em ap o e wan a peci is Plan to change the portion of Miller Avenue between Etiwanda Avenue and East Avenue from a collector to a secondary arterial. Staff recommends issuance of a Negative Declaration BACKGROUND/ANALYSIS: Miller Avenue between Etiwanda Avenue and East Avenue Curren y is a su standard street with a pavement width varying from 22 to 28 feet with no curb and gutter. It is currently designated as a two lane collector street with a curb to curb width of 44 feet within a right-of-way of 66 feet by the Etiwanda Specific Plan (refer to Exhibits "B" and "D"). This designation is in conflict with the General Plan, which shows it as a four lane secondary arterial with a curb to curb width of 64 feet within a right- of-way of 88 feet. This amendment will bring the Specific Plan into conformance with the General Plan. Revised Etiwanda Specific Plan Figures are shown on Exhibits "C" and "E". The existing traffic volume on this segment of street is currently low, 430 average daily traffic (ADT). However, the City's traffic model forecasts a volume of 15,000 ADT in the year 2010, which exceeds the capacity of a collector street; therefore requiring the next larger City standard street which is a secondary arterial. A four lane width is consistent with the existing portion on the east side of East Avenue in the City of Fontana and the portion on the west side of Etiwanda Avenue extending to Archibald Avenue. ENVIRONMENTAL ASSESSMENT: Staff has completed Parts [ and II of the Initial Stu3y a~~ias oun no significant environmental impacts as a consequence of this amendment to the Etiwanda Specific Plan. FACTS FOR FINDINGS: Before approving the Specific Plan Amendment, the FTahning onmission must determine that the amendment will not he detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposed amendment is consistent with the intent of. the General Plan and the Etiwanda Specific Plan. PLANNING COP84I SSION STAFF REPORT ESPA 91-C1 - CITY OF R. C. December 11, 1991 Page 2 CORRESPONDENCE: This item has been advertised as a public hearing in The Ilan a ey Daily Bulletin newspaper, the property posted with ~Ehe s up~- pTementa~~T`no`Eifca ion s gn, and notices sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Planning Commission recommend ~appro va o iwanda Specific Plan Amendment 91-01 and issuance of a Negative Declaration to the City Council through adoption of the attached Resolutfon, Respectfully submitted, ,(3a~vLy~IP ~rfww9.~'zv Ba rrye kk Hanson Senior Civil Engineer BRH:BK:dlw Attachments: Exhibit °A" - Location Exhibit "B° - ESP Figure 5-6 Exhibit "C" -ESP Figure 5-6 Amended Exhibit "D" - ESP Figure 5-29 Exhibit "E" - ESP Figure 5-29 Amended Resolution of Approval 90 ENVIAONHENTAL ASSESSMENT AND ETS WANOA SP C N p14'NDHENT 91 O1 CITY ~ OF AA.NCHO CUCAHONGA ~- A request co amend the Str6et Sy et em Hap of the Et iwantla Specific Plan to change the portion of Hiller Avenue between Etiwanda Avenue and Eaet Avenue from a collector to a secondary arterial. staff reeonvnends issuance of a Negative Declaration. Barbara Era11, Aeelstant Engineer, presented the etnff -eport• commissioner Me Lcher asked iE the engineering atatl had completed both Parts I and II of the Initial Study. Ms. Rra11 responded of firmer ively. Commissioner McLCMC naked if it would not be better to have the planning department complete Pari II on projects that era 6aing advancetl by another department. He Bald that would give the appearance of two different leis of eyes having looked et the environmen<al coneideratione. He wondered if the planning department 1^ not the caretaker for the CEQA procee• in the City. Brad Buller, City Planner, qt ated that the CEQA administration guidelines are currently being reviewed. He said it would be appropriate for planning staff to complete Part II of the Initial studies if the Comeiseion ehcu ld eo desire, He said ha would work with the city Eng LnNr. Chairman NcNiel opened the public hearing. There were no comments and he cloesd the public hearing. Commissioner Valletie concurred with Commissioner Ha lcher'e idea. i Mo<Lon:~ Moved 6y Valletta, seconded by Helche[, to recommend ipso ante of a Negative Declaration and adopt the reeolut ion recommending approval of Env.iranmental Aeeee9mant and Etiwanda Spec if is Plan Amendment 91-01. Hot ion carried by the fc Mowing vou: AYES: COMMISSIONERS: CH IT IEA, MCNIELr H1:LCHERr TOLSTOX, VALLETTE NOES; COHHISSIONERSi NONE ABSENT: COMHISS LONERS: NONE -eartiatl ~/ DRDINANCE N0. AN OfiOINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 91 -01, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET SYSTEM MAP TO CHANGE THE PORTION Of MILLER AVENUE 9ETWEEN ETIWANDA AVENUE AND EAST AVENUE FROM A COLLECTOR TO A SECONDARY ARTERIAL AND MAKING FINOI NGS IN SUPPORT THEREOF A. Recitals. (1) On July 6, 1983, the City Council of the City of Rancho Cucamonga approved the enactment of the Regulatory Provisions of the Eti wanda Specific Plan through adoption of Ordinance No. 203. (T1) The City of Rancho Cucamonga has filed an appl lcation for Eti wanda Specific Plan Amendment No. 91-01 as described in the title of this Ordinance. Hereinafter 1n this Ordinance, the su6,iect Etlwanda Specific Plan Amendment is referred to as "the appl lcation ." (iii) On December 17, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by the adoption of Resolution No. 91-191. (iv) On February 5, 1992, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 1 This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on February 5, 1992, including written and oral staff reports, together with public testimony, this Council hereby sDecTftcally finds as follows: (a) The application aDP11es to the portion of Miller Avenue between Etlwanda Avenue and East Avenue; an4 (b) This amendment does not conflict with the circulation policies of the General P1 an and Etlwanda Specific Plan and will provide the traffic flow in a manner consistent with the General P1 an and with related development; and 9a ORDINANCE N0. ESPA 91-01 February 5, 1992 Page 2 (c) This amendment does promote the goals and objectives of the circulation element; and (d) This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor on the surrounding properties. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findT ngs of facts set forth in paragraph 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the portion of Miller Avenue in the application is suitable for the designation as evidenced by the designation in the General Plan; and (b) That the proposed amendment would not have significant impacts on the environment nor on the surrounding properties as evidenced by the findings and conclusions listed 1n Parts I and II of the Initial Environmental Study; and General Plan and)the Etiwa daeSpeclficdPlan.ndment is in conformance with the 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, Lhis Council hereby authorizes the Issuance of a Negative Declaration. 5. Based upon the findings and conclusions set forth to paragraphs i, 2, 3, and 4 above, this Council hereby ordains that on the 5th day of February 1992, the City Council of the City of Rancho Cucamonga approves Etiwanda Specific Plan Amendment No. 91-01, amending the Etiwanda Specific Plan Street System Map to change the portion of Miller Avenue between Etiwanda Avenue and East Avenue from a collector to a secondary arterial. 6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valle Dail Bulletin, a newspaper of general circulation published'Tn ie y o n ar o, a lfornia, and circulated 1n the Ctty of Rancho Cucamonga. 93 CITY OF RANCHO CUCAMONGA MEMORANDUM DACE: February 5, 1992 TtO: Mayor and Members of the City Council FROM: ]an Sutton, Deputy City Cle SUBJECT: ITEM EL QRDINANCE-N0. 3 REGARDING ItECREP.TIONAL VEHICLE This is to advise that a clerical error was made when typing [he ordinance tide of this item for the February 5, 1992 agenda. The dde from the ]anuaxy 15, 1992 agenda was carried forward to the February 5 agenda, however, with the direction given at rho Council meeting, Section C no longer needed to be amended. 'Ihe correct title would be the one on the ordinance in ywr package, and as shown below: ORDINANCE N0.483 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ,ADDING SECTION 17,08.070-F TO THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE REGULATION OF RECREATIONAL VEHICLE PARIQNG AND STORAGE WITHIN RESIDENTIAL DISTRICTS I am sorry for any confusion this error may have caused. /m Oxdinanc~ 270. 483 Page 3 ~. 5. Property in question is tAt't locata3 within the Plannssl Cumaurities of Caryn, R'erra Vista, or Victoria. 4. Parking area mainteswnce. All parking areas within p.~blic view Error tt~ street, public riot-of~way, ar adjacent properties stall be srs£aced with a petmaner~t paving material. Sudr areas ' shall be maintained in good usable oorrlition, free of ' pot}~oles attl tu~olcen sections to prevent'. the aazmrulatia~ of mud, dust, and reeds, and stall be kept free of detsis, dirt, and other loose materials. 5. Violation of arty provision of this suhcection shall be punishahle as an infraction. SECTION 3: 'the City Cwncil declares that, should any provision, section, paragraph, ^* , or word of this Ordiname be rerdesed or declared invalid by any final taut actiotr in a tout of an~etent jurisdio- tion, or try reason of arty prealptive legislation, the rmainirg provisions, sections, paragraphs, sentences, and worsts of this orctirarre. shall remain in full ford and effect. ~' SfS,TION 4: 'the City Council of the City of Rarx3io CucamprX,)a tresety approves this 19.uiicipal Code Ame»~rent. SkXTION 5: 71~e mayor shall sign this Ordinanoa and the city clerk shall cause the same to to published within 15 days after its passage at least once in the Inla*Yi valley Dai1v bulletin, a newspaper' of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamottga, California. `~E ~7 C<~.JCC G -r ~--xlnrz~S ~ca~,~~E ,arm r~~r~.~ '~_-~ sv~~~Y~'~- ~ i..~ ANA r1,6,~'~~`~7.4-~y G^_ G - ~~ '; z_ 5 'r; ---- ~ , Czrz7,,,..U ~y,~r-I Mal 't~.:~ i~r e~~~JI i ~.4fi~z~5 S" °~`z2~ -~., / - - - c1Tr ob' RANCHft crcA~xJ:~t,A STAFF REPORT ,-~,~ r,%~` ~_..~ , DATE: February 5, 1992 T6 Mayor and Members of the City Council FROM: Duane A. Baker, Assistant to the City Manager SUBJF.CI': Con ideration to Order the Vacation of a Portion of an Allev 1 a+Pu Cn th of Ninth Strec[ from Vinmar [o Sierra Madre Avenues Recommendation: It is recommended that the City Council adopt the attached resolution ordering the vacation of an alley 316 feet long by 20 feet wide, located approximately 190 fee[ south of Ninth Street trom Vinmar to Sierta Madre Avenues. Background: The City Council and the Public Safety Commission established a task force to work with the residents in this neighborhood to eliminate gang activities in the neighborhood. By the residents' request, the task force has recommended closing the alley from pedestrian and vehicular traffic to prevent "cruising", laitcring, and graffiti. This vacation request has come be (ore the City Council previously. Al that time, one of the property owners adjacent to the alley objected to the vacation, Staff was asked to try and work out a solution with the property owners. After discussing several possible options, none could be Eound that would satisfy the property owner's desire (or access and the City's desire for a safer environment. With this information, the City met with several neighbors during their neighborhood watch meeting to discuss the situation. It was decided at that time to proceed with the alley vacation over the objection of the nnc properly owner. The property owner in question lives on Ninth Street and the back of the property is next to the alley. Since the City Council last discussed this issue in January, staff has met with the people that were objecting W the vacation and has answered all of their concerns. As a result of this meeting, the one property is no longer objecting to the vacation. Should the City Council ultimately vacate the alley, the City plans to work with the properly owners through the CDBG program m insure that the alley is properly fcncal to become part n( the back yard for each affected property and thus eliminate any public access to that space. ____ ~ ~ _- Ailey Vacation - Vinmar to Sierta Madre February 5, 1992 Paec 2 Should the City Council approve the attached resolution, s[a(f will work with the residents nn the timing and plans for the vacation and the related work. /R/cc/p/`ccttully Submitted. ~ //~' 9S RESOLUTION N0. G~~_ D3] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED A PORTION OF AN ALLEY LOCATED SOUTH OF NINTH STREET FROM VINMAR TO SIERRA MADRE AVENUES WHEREAS, by Resolution No. 92-011, passed on January 2, 1992, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City alley hereinafter more particularly described, and set the hour of 7:00 PM on February 5, 1992, in the City Council Chambers, located at 10500 Civic Center Drive, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds all the evidence submitted that portion o a~i~ n aTTey located south of Ninth Street from Vinmar to Sierra Madre Avenues is unnecessary for present or prospective public street purposes. The City Council hereby makes its order vacating that portion of said City street as shown on Map No. V-117 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2: The subject vacation shall be subject to the reservations and excep on-Ei s, many, for existing utilities on record. The south 10 feet of the alley as described in Exhibits "A" and "B", legal description and map, shall be retained as an easement for utility purposes for Southern California Edison and the General Telephone Company. SECTION 3: The subject vacation shall be retained as an easement for drainage an re a eA purposes. SECTION 4: The installation of a fire hydrant, waterline, and water meters on ~n ree t, including abandonment of water facilities in the alley are necessary to meet the City's fire safety and C.C.W.O. standards. Said improvements shalt be Ins tailed by the City prior to the vacation. The Clerk shall cause a certified copy of this resolution Lo be recorded in the cffice of the County Recorder of San 6ernardi no County, California upon the installation of said improvements. SECTION 5: The Clerk shall certify to the passage and adoption of this re so uT o~~d it shall thereupon take effect and be in force. ~~ EXHIBIT "A" LEGAL DESCRIPTION OF THE A6ANDONMENT WITH AN EASEMENT FOR UTILITY PURPOSES RESERVED, OF AN ALLEY BETWEEN VINMAR AVENUE AND SIERRA MADRE AVENUE AND 190 FEET, MORE OR LESS, SOUTH OF NINTH STREET THAT CERTAIN PORTION OF LAND KNOWN AS AN ALLEY IN EUREKA GARDENS TRACT 1829, ACCORDING TO PLAT FIlEO IN BOOK 28 OF MAPS, PAGE 20 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BE RNARD INO COUNTY, CALIFORNIA, OESC RIBED AS FOLlOlJS: ALL THAI PORTION OF AN ALLEY 20.00 FEET WIDE BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 10 THRU 15 INCLUSIVE AS SHOWN ON SAlD TRACT MAP; ON THE SOUTH BY THE NORTHERLY LINE OF LOTS 40 AND 47 OF SAID TRACT MAP; ON THE WEST 8Y THE PROJECTION OF THE EASTERLY LINE OF VINMAR AVENUE (50 FEET WIDE) AS SHOWN ON SAID TRACT MAP; 0!! THE EAST BY THE PROJECTION OF THE WESTERLY LINE OF SIERRA MADRE AVENUE (50 FEET WIDE) AS SHOWN ON SA IO TRACT MAP. RESERVING ANO EXCEPTING THE FOLLOWING NON-EXCLUSIVE EASEMENT OVER SAID LAND UNTO TfiE SOUTHERN CALIFORNIA EDISON COMPANY, AND GENERAL TELEPHONE COMPANY, FOR AN EASEMENT FOR UTILITY PURPOSES, A 10.00 F00T STRIP OF LAND BOUNDED AS FOLLOWS: ON THE SOUTH OY THE SAID NORTHERLY LINE OF SAID LOTS 40 AND 47; ON THE NORTH BY A LINE PARALLEL WITH AND DISTANT 10.00 FEET NORTH OF SAID NORTHERLY LINE OF SAID LOTS 40 AND 4?; ON THE WEST BY THE PROJECTION OF SAID EASTERLY LINE OF SAID VINMAR AVENUE; ON THE EAST BY THE PROJECTION OF SAID WESTERLY LINE OF SAID SIERRA MADRE A'JENUE. AREA OF EASEMENT CONTAINING 3163.2 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THE LEGAL DESCRIPTION IS A PLAT LABELED "EXHIBIT B". ~Z^`~ Z 3f1N3Atl 3FlUtlW tlH1i315 r rNa I ~ ~ ~OL I I a I I I F- w W RI N x I 2 ~ Z r== w ~, jy~~ a bjq, ^t z TC O 4 J U `> a w z } a O ~ a S + ,O6L v+ i I 3f1N3Atl HtlWNIA ~~ w~ ~w ww a" ww u¢ OC 't O wm Q N ~ is w .- O~ z W °0I a al m LL'. _ ~ w0 Q.. r `~ a ,- > >.. ~ J HF Q Z O Z O ~~ U~ z ozW ~Z~ U~w CI'T'Y OF RANCHO CUCAS40NGA STAFF REPORT DATE: Fe bicary 5, 1992 To: Nay or and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner SUBJECT: Pre-Application Review Process .. ~~< RECOMI~ATION: The joint sub-committee of the City Council/P Lanning Conm:ission recommends that the City Council direct by minute action that the Planning Co¢m:ission initiate the Pre-App llcati on Review process on a trial basis to be reviewed by the sub-committee at 6 months and again at 12 month9. BACICGR00ND: In early 1991 the City Council established a sub-committee of City Council Members Buquet and Wri qht to work with a sub-committee of the Planning Coaission, Chairman McNeil and Cos®ission er Me lcher. The purpose of the sub-committee was to consider ways in which the City's Design/Development Review proceas might be improved. Speci£icaLly, the sub-committee was asked to look at the Planning Commission's role in that review process. Comments were solicited from the development community, the BIA, and the Chamber of Coam:erce and all responses were considered by this sub-committee. In addition, many hours were spent by the sub-committee in open discussion of their own views and perceptions of the Planning Co mmiasion's role in the Development Review process. During these dis cueaions, one consideration that the aub-committee members all agreed should be pursued was the desire to establish a pre- appLication eeview process. This process was to provide the pro ject proponent an opportunity to meet with the full Planning Commission in order to receive direction and input as to the appropriateness of the project's design prior to making the full submittal. To that end, the sub-committee has developed for City Council consideration [he at vached Pre-Application Review process. The sub- commitree understood that this would not address ail of the wncerns addressed in the letters received by the sub-co~mii tree Erom the development community. However, the coum:ittee did believe that it would be an excellent first step in the continuing effort to address `he effectrveness of the Planning r_o'rm~l ss ion's role in the D¢velnpmen:. Review proceas. rITY COUNCIL STAFF REPORT PRE-APPLICATION REVIEW PROCESS February 5, 1992 Page 2 Staff initially presented the Pre-Application Review process to twc members of the HIA and the Chamber of Commerce. Roth agreed that ar opportunity to meet with the full Commission prior to making a full project submittal would be a positive option in the current process of project review. Therefore, if the City Council supports the Pre- Application Review process, it is the intent of the sub-committee that staff hold several community workshops formally introducing this new process to the greater membership of the local 9IA, Chamber of Commerce. and any other development comavni ty group requesting a presentation. CONCIASIOA: During this period of review many observations and opinions were aired and discussed and the sub-committee does recommend that the City Council support the or oposed pre-Application Review process on a trial basis. Respect 11y submitted, Hrad idler City Planner eB:js Attachments: Exhibit "A" - Pre-Application Aeview Checkii st /Dc~ CHECKLIST FOR PRE-AI~PL/CATI®N City o/RaMAa ~.-..o,,. REVIEW ~'/1) 989.196! The Pre-Application Review process is intended to promote quality development and to facilitate 4he development review process. Although Pre-Application Review is not required, it allows an appli- cant topresent schematic designs to the Planning Commission during the early stages of concept plan preparation, prior to format application, and to receive broad, general comments and direction from the Planning Commission. For assistance in determining whether to submit for Pre-Application Review, contact the Planning Division staff at (714) 989.18G1, ~ 7, Prcleds lcr which the applicant is rpl experienced with devebpment in the Cdy of Ranc/>o Cucamonga '~J 2. Projeds which are prominently boated or s.ynilicaMfy urpacY the cflaracser o/a neighborhood. ^ 3. Projects which are larger Than 15 acres in site area. e. Projects wlw,Yl depart lrom the design goa4s and poNCiea o! the Plamirg Commission and City. -~~! ProJecfa wilt fw llm/ted fo one PraApplM.atbn Revlow within a fweha-mon(h period. ~~ Step 1 - SYa.M Con(eranc~: Tho applicant meefa with staff to discuss fM project concept. Based upon fha ~nlormation provbed, staff will offer atNice regarding the Pre-Applcafion Review process _,l Step 2 - Submittal: The applicant submrfs the inlomrafnn and lees as descrrned herein. nacr..,v / (-i Page 1 , ~~ Step 3 • AQonda Porketing: The project fs scheduled for Pfe-AppliCalion geview for the nec availab:2 meeting of the Planning Commrssan. SraN irilorms the appricaM o(the time ant place or the meeting. ,r,) Step I - Pr&•ApptkAttorl Review t/aeftng: fie rnestirg begins with ttie appiicaM's prasontation, uP ro t5 minutes in length, on the oJr~cept sketches. Prior to Commissbn discussion. stall presents the pro/act setting;i.e., inning), raqurrsd processing and sgnificant issues far the prgjacc. Fofbwing surfs wmmenfs, the Planning Commis- sicners will disaiss their thoughts on the Wnceprs. The meeting rorxrses on Gcmmission discussbn. era s not a rcrvm for debate. Akerthe meeting, minutes are prepared and sent to the appfkant. .l SPap 5 • Ptetimtnary Ravlew {opttonafJ: Fallowing Pte-Appficafioo Review, ;t rs recommended Ina! the applicant continue wanking with sfafl to refine thBir pm%eM concept pr+or to tomtaJ applxaton, The Preliminary Aevrew process is avairable for the Wrpose (sea handout available Irom Pfarnung DivisioN. Step 6- Formal ApplkaiFJn: The applican submits ifs application and toes, thereby bapinning the formal review process !or a Development Rehow. Cor~dRbnat Use Penr:f, ar7eMative Traci Map, etc. nJ !. UnBOrm AQ(Nkatign Sr.-a~ 2. Lefler or JUStprcatiorvFxplanatpn y 3. Ten {f0) sets or Concept Plans lr] 4. DLsclaimer Statement. '~ 5. Feting Fee Pre-Apdica:ion Reviaw ..................5325.0g ~(, Page 2 d 5 ~~-_~ A. App/ans sha!1 Je drawn on undorm size sheets and drawn to scale .".~ B. All site plans shall be drawn to an engineenrg scale of f"= ZG'. 7'= 3G( ~'= 40'or ,' = 5G', with the scale cleany!abered arKi a radh poirtl Geary indicated. C. A(l archdeclural desgns shall be drawn !oascale rat less than LB'=1'-G'. ^ D. AN required plans shall be colWted arN stgo/ed together nrto sets and shay De rolled together into a single bundle severed with a robber banC ~~,.~ E. AH pWns shall be clear, IogiWe, and accuratety scaled. Freehand or "skefc7f"drawirtgs are per(ecfly axeptab/e. ^ ~'f A. Slta Plan: Idle bbdr with name, address, and plane rwrrYar of the appl~barM aril the aNhor of the plan. 7 ViCinity,liap ~ Progeny lines and bl dirrensbns. J &Iildinp /oofrpinis and dimansdaad setDacxs Po prvpeny FY~esrnyhtd-way. 7 AN easemerlPS ~ Parkirp areas, driveway eases poirgs, badirp areas. :] Proposed land uses and psrkiny calaulatbns. '~ Plazad and landscape areas. ^ 8. An:hltactun :] Floorplarrs Elevafbns J Rool Plans ~~ / z-3 Papa 3015 '..~ ~~ C. Letter of JuxlrlratloNNErplenadon: OrM copy whkh clearly dascr!Dea and explains the rolbw/ng In dams: The environmental settir~existinq site mMdare, natural laatures aM aryproposed changes to same 7 The proposed Wnd uses and how they are jvsirlied under Me aoplkable zoning regulations. 7 Compatibility: Discuss the bcation, size, design and operating cha2cYeristics o! the proposed land uses aM how they will net creare uru.~sual noise, traffic or other coridYbns (hat may be ob/edanable or defn- rnenlal with ofherpermiffed uses in the vicinity. Describe law the proposed projea would Yr into the surrourxfirg context. :] List any particular quesiicn5 or design elements you desire Commissars ainanenfs upon, ~'~~ ~~' D. Dlscfalmer Statement (sea attached) %~ Mandatory tteme. I ~ L~ ~°~'~ Pago ~ d 5 PRE-APPLICATION REVIEW DISCLAIMER STATEMENT I hereby certify that I have read and understand the filing requirements and process for Fre-Application Review and that I have voluntarily requested said review. I hereby acknowledge that the Pre-Appliration Review does not relieve me from preparation and submittal of any detailed plans. technical studies, or environmental analysis required by the City of Rancho Cucamonga in connection with any subse- quent formal application for this project. i acknowledge ±hat the Planning Commission may require additional information before completing the Pre-Application Review. I hereby acknowledge that the opinions and comments of the Planning Commissior. and/or staff resulting fmm this Pre-Application Review are entirely non-binding on the City, the Planning Commission, and/or staff as to subsequent further processing or development of the project. Signature Print Name and Title (i ~_~ Date Page sas CiTT OF R.AVt'HU ~'I'C:1~111\G.a STAFF REPORT _,~~/~,..~ ~~~~'~,,-1-''~ ~' GATE: February 5, 1992 ~.`1_../ T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager I FROM: William J. O'Neil, City Engineer 8Y: Steve M. Gilliland, Public Works Inspector II ~n~- SUBJECT: CONSIDERATION OF FAITHFUL PERFORMANCE BOND REDUCTION FGR TRACT 12462, LOCATED ON THE SOUTH SIDE OF SUhAtIT RVE NUE BETWEEN ETIWANDA AVENUE AND EAST AYENUE, SUBMITTED BY FIRST FAMILY HOMES. RECOMIENDATION IL is recommended that City Council consider a reduction of the Faithful Performance Bond for Tract 12462. BACK(;rtOUND/ANALYSIS Tract 12462 is located on the south side of Summit Avenue between E tiwa nda Avenue and East Avenue and is being developed by First Family Homes. The Improvement Agreement and Securities were accepted ny City Council on November 16, 1989. The current amount of the Faithful Performance Bond is E326,000. The developer is requesting this amount be reduced to 567,000. AL the current time, the required improvements are approximately 75; to 65% complete, and their progress is slow but satisfactory due to the economic market conditions. All improvements on Summit Avenue are complete; therefore all remaining improvements lie wi thin the tract itself. A one year extension of the Improvement Agreement was approved at the December 18, 1991 Council meeting, which extends their expiration date to November 15, 1992. Council action of First Family Homes continues to re Gui re City Manager staff reports, due to the fact that the developer has always been assumed to have a relationship with Nordic Development; however, this is not the case. The controlling people at First Family Homes were, at one time, investors of Nordic limited partnerships, but this current project, Tract 12462, is completely independent of any relationship wl th Nordic U evel opmen t. Therefore, it is also being recommended that Council authorize any future Council action regarding First Family Homes to be on Consent Calendar. i\ ~ -------~-- ----~n ~'E= -' STAFF REPORT FAITHFUL PERFORMANCE DOND REDUCTION FOR TRACT 12462 FEBRUARY 5, 1992 PAGE 2 Developer: First Family Nomes 675 W. Foothill Blvd., Suite 100 Claremont, CA 91711 Accept: Faithful Performance Bond S 67,000. Release: Faithful Performance Bond 5326,000. Respectfully submitted, _~~ ~1~~ 'dill lam J. O'Neil City Engineer WJ O:SMG:Iy Attachment ~~~ ----- -- -- ('ITI' OF RAACH(~ C1'('A41r)\GA ,~ STAFF REPORT ~;~'~~?,,, ;~: _ f ~f-.;~ DATE: February 5, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Rick Gomez, Community Development Director SUBJECT: REQUEST FROM PRIMO MORALES, RANCHO LITTLE LEAGUE, FOR WAIVER OF CITY REQUIREMENTS FOR OUTDOOR STORAGE RECOMMENDATION Staff recommends the City Council support staff's requirement of a Conditional Use Permit and appropriate mitigation for security and screening in order to protect the neighborhoods from the indiscriminate use of these containers thrcughout the City. In an effort to help non-profit groups, such as Rancho Little League, staff would recommend waiving the applicable application fees. Mr. Primo Morales, Rancho Little League, has requested to be heard before the City Council as a result of his conversations with staff regarding his request to locate two (2) e' x 20' metal cargo containers on Chino Basin Municipal Water District prcperty, on a renewable year-to-year agreement, located adjacent to the Cucamonga Elamentazy School on Salina Street. one of the containers is to be used for the storage of equipment and the other is proposed to be used as a snack bar. Mr. Morales had requested permission from the Cucamonga school District to locate the containers on the adjacent school in close proximity to the playing fields, but was denied. In addition, Mr. Morales asked if the containers could be located elsewhere on the chino Basin property and was told no by chino Basin officials. After review 6y City staff, Mr. Morales was told he would need a conditional Use Permit for the use of the containers at this location. This is a consistent requirement because outdoor storage within an Office-Professional District is sensitive because of its proximity to schools and residential properties. A Conditional Use Permit of this type regularly requires landscaping and fencing tc screen and secure any containers from becoming a neighborhood nuisance. I ,_-- ------- ----L~-~------- CITY COUNCIL STAFF REPORT RE: RANCHO LITTLE LEAGUE February 5, 1992 Fage 2 Mr. Morales expressed his discontent with these requirements due to the financial burden they would have on Rancho Little League. He also submitted pictures (staff will provide at meeting) of like containers on other parcels illustrating the point that not all containers have permits and are screened and secured. These types of containers, as photographed, are allowed on commercial and industrial sites for temporary storage while projects are in the construction process or for short (seasonal events) duration. Respectful submitted, '" a Rick Gomez ' Community Development Director RG/ko Attachment: Correspondence from Primo Morales, Rancho Little League ~~9 Rancho Little League Post Office Box 2473 Rancho Cucamonga, California 91730 City Council Members; 1 am writ,:inq this letter ;n the hope that you will ~cpedrte Rancho Little League's request to set two (2) 10 ft. by 20 ft. cargo containers on land owns3 b}' the Chino Basin Water District This land is located next to our little league fields on Salina st. in R. Cucartnnga. As you are well aware in a decision resently made by you in regains to light useage by all snorts groups, this coming year all oranizations that use field ligtts will have to pay for such useage. In our case that expense is going to be an additional 53000.00 dollars or more per year. Since our league is largely made up by and large by the old Town part of Rancho Cucamonga, many of our kids come Ercm lryw-income house holds that can not afford to pay for registration much less pay extra for lights. So in an effort to survive and keep the ieaque fran going bankrupt, our board of directors has embarked on a course of fund raising and cost cuttirq as long as it dose not jepordize the safety of ors kids. Md in so doing we negotiated with the Chino Basin people for the use of the land on Salina st. there we could set the two (2) cargo containers to store our equipment in whrch event that could save us about 860.00 per year. And also set up a snack bar that would generate additional revenue and make it possible for us to pay the city for our light useage. so since Crt. 7991 T_ have ba_en tryiny to secure the permit to do so.WOrk~rn~ with Rick Gomez and other staff members we have yet to r?solve this unczs;. First I'm told that we need a permit that will cost us $2000.00 ,well if ~.+~ had $J.000.00 we would not need the containers to start with. Then I'm to iii that we need an environmental impact report that will cost more then the $600,00 we finshed our season with last year. Then Rick tells me that the Planning cortmiss ron does not want to se[ a precedent by letting us do h'.;?, because then everyone would want to do the same, Well to this T say they in already all over the city.(as per pictures inclosed) ~I Rancho Little League Post Ofltce Box 2473 Rancho Cucamonga, California 91730 'Then Rick tells me that ne:ct they want than landscaped arc] hidden fran public view ,Well first of all the lot where we want to place these containers is new an gnpty lot that has weeds and trash on it .So just by setting than there this alone would improve the view. Ard as you can see by the pictures inclosed that were taken from my tsvck ,these containers are neither landscaped nor hidden fran major streets much less fran the public. Yet we are asked to do so. In hind-site I guess we should of just drops]. than arc] said nothing. Like all the rest of the ones in the pictures. Like one of the staff people said " It is easier to forgive then to permit" Wetry to teach the kids to respect and to follow the laws so for us to do anything less would make us hippocrates, but by doing things the right way we are hostages of the cities red tape. So again I ask you to please expedite our situation that has been bogged dam since Oct. of last year when we st^az ted this process hoping to have it in Place by the time we started ou: try outs in late January and early February. So you see time is getting to the critical stage for us. Md if you have any questions please feel free to crontact me at 714 989-2607. Md thank you for your time and yo.u' interest in our situation alxl hope to hear fran you very,very soon. ~~'6+.1 ~. , c ~ ~~ ~j~CC "" Primp H. :gales President Rancho Little League DATE: February 5,1992 CITY OF RANCHO CUCAMONGA MEMORANDUM TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debbie Adams, City Clerk !-<_fz-- SUBJECT: ITEM D9 -CITY COUNCIL AGENDA Attached is a corrected copy of Resolution No. 92-020. The correction has been highlighted for your convenience by adding the words "County of San Bernardino" in paragraphs 2 and 3. /dja Attached cc: James Markman, City Attorney J~~s. 92 -D~o A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA REDESIGNATING THE SAN BERNARDINO COUNTY. DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES AS THE LOCAL ENFORCEMENT AGENCY WHEREAS, each jurisdiction must designate a local enforcement agency for the enforcement of minimum standards for solid waste handling, disposal, and permitting, or remand that responsibility to the California Integrated Waste Management Board; and WHEREAS, the County of San Bernardino, Department of Environmental Health Services possesses the required capabilities in environmental health and solid waste management to implement AB 939 (Public Resources Code §40000 et. seq.} and the ordinances, regulations, and standards that have been and will be adopted pursuant thereto; WHEREAS, the County of San Bernardino, Department of Environmental Health Services has sufficient personnel and an adequate budget to carry out the enforcement program specified by law; and WHEREAS, letters of affirmation from a majority of the incorporated cities within the County with a majority of the population and from the County of San Bernardino Board of Supervisors is required by Title 14 of the California Code of Regulations (14 CCR §18051) to redesignate an enforcement agency to implement the California Integrated VJaste Management Act of 1989 (AB 939); and NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that effective February 5, 1992: i n 1. The San Bernardino County, Department of Environmental Health Services be redesignated as the City of Rancho Cucamonga's Local Enforcement Agency to carry out the provisions of AB 939. ~9. 33 ~~m ~ 19 VV Great Western I3otels Corporation hofel$ tOI WIMPFAiAL hW%. • LA NABM.CALIFOgM1IA • T4E'PHONE.13131631~3HI 191 <I311JOC: MALMG AC~RE55 PO a:%220 • LA MABRA. CALiFO RAiA B063Q~112> 22 January 1992 City of Rancho Cucamonga Community Developmart Department EnQireerin8 Divlaion Rancho Cucamonga, California Re~ Extension oP Improvement Agreement DR 89-21 Dear Sirs; We hereby request ar. extension of the improvement agreement as requested. Wa have been unavoidably detained in +.he process of doing the work due to circumstances beyond our control. We are currently proceeding with work and will need approximately 6 months to conclude all aspects of the work to be done. Yours uly, Great Western Hotel Corporation CITY OF RANCHO CUCAMONGA MEMORANDUM .~: ;:,~: ;~ 'z~ DATE: February 5, 1992 TQ Mayor and Members of the City Council FROM: lan Sutton, Deputy City Cle '~' SUBJECT: ITEM E] QRDJNANCE NO. 3 REGARDING RECREATIONAL VEHICLE This is to advise that a clerical error was made when typing the ordinance title of this item for the February 5, 1992 agenda. The tide from the January 15, 1992 agenda was carried forward to the February 5 agenda, however, with the direction given at the Council meeting, Section C no longer needed to be amended. T'he correct title would be the one on the ordinance in your package, and as shown below: ORDINANCE N0.483 (second reading) AN ORDINANCE GF THE CITY COUNCR. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ,ADDING SECTION 17.08.070-F TO THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE REGULATION OF RECREATIONAL VEHICLE PARKING AND STORAGE WiTHPJ RESIDENTIAL DISTRICTS 1 am sorry for any confusion this error may have caused. /m CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: February 6, 1992 TO: Mayor and Members of the City Council FROM: Diane O'Neal, Management Analyst II SUBJECT: COPIES OF INFORMATION FROM RESIDENTS REGARDING MOBILE HOME ISSUES FOLLOWING FEBRUARY 5, 1992 CITY COUNCIL MEETING ~f Attached are copies of the City of San Bernardino's Mobile Home Park Rent Stabilization Ordinance and the resident's memorandum dated January 28, 1992. Also, Councilmember Pamela J. Wright asked that aoditional information provided by Dee Murray be copied for the Council's review. This information is also attached. As a follow up to the City Council's direction, staff has set up a face-to-face meeting with the residents, owners, staff, and Jim Markman for Thursday, Fabruary 13, 1992. The meeting will be held in the Rains Conference Room at 9 a.m. Staff will also begin preparation of a Request for Proposal to perform the necessary studies to support the enactment of an Ordinance as directed by Council action on February 5, 1992. Should you have any questions, please call me at (714) 989-1851, Extension 2007. cc: Jack Lam, AICP, City Manager Linda Daniels, Deputy City Manager Jim Markman, City Attorney Debbie Adams, City Clerk Attachments: City of San Bernardino's Mobile Home Park Rent Stabilization Ordinance (original to City Clerk) Resident's Memorandum dated 1/28/92 (original to City Clerk) Information from Dee Durray (originals to City Clerk) ~~ .., Rccord25 Feb. 5, 1991 9 To memo er5 of RCMORE: F'r esentati ons at the Cyry Council Fu6lic Hearing on the Accord. Each subject shoultl be presented in a business-like manner. Speak slowly, and distinctly; face the microphone so that it can pic6: up you vm ce without lass of volume. You need not be nervcus, remember that the Council are our elected officials, not speach critics. You need *_o address them in a rel a;;ed manner. If you fail to do this, you will not get you message ±o them. Make your presentations, be polite, do not be repetitive, then sit down. Rd vise ve~_ir Residents that they are free to adtlress the Council, however they should be careful not just repeat the material which has alread)• been presented. Their presentations should also be ortlerly antl concise. There should be no disorderly demonstrations in the audience. The ob.jecti ve is to convey in4 or mation to the Council and to convince them to take action in our favor. C)emonstrati ons that are in bad taste will do nothing but antayonize them antl we will then lpose any advantage that we might have gained through the other prosentati dos. Start off by: M)• name is ______, and I live at ____ ___________, which as the _______________mobilehame par b:. Order of presentations: TOF-'1C ~~ FRESENTOR FARp; SPRCE i, totted uction:_________ _7_9 Harry Pate Alta Laguna 114 _. Rent Inn-=aces 21 Jae Hussa Casa Vol onto 64 _. CpI Over-P. r.de Issue 3:G Martin Enriquez Sycamore 14 4. Reserves ii Jack F'if er Alta Vista bt 5, Rent: Equaliza.t.i on ,7 Jean Ganemian Fines 74 .>, Housing Ne~~r.1s „_____,..__ __0 Hill Neary Fines 6f 7, C+*.v rr. mance _ ._17 Roland Hrindamour Chaparral T1 S. Lit, !;m .r.r ~! rac *.i nn__ ._19 Howard Chapman L"h apart al 54 9 S~_immar:•,_,_,_. ,._.. .._... _. _._.. . _.B Jac 4~ W.illiams Ramona Vella 79 MOBILE HOME PARR RENT STABILIZATION ORDINANCE lE I1 14 13 19 15 If li ]E IS 2C 21 2: '~.`' 29 2: 2E 2i 2E "8.9D.010. Title. This Ordinance may be cited as the Mobile Home Park Rent Stabilization Ordinance of the City of San Bernardino, California. (MC-726, 4-9-90) 8.90.020. Statement of purpose. A. Mobile home owners have a substantial investmenti in their residences and appurtenances for which space is rented or ceased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces, the restrictions of age, size, or style of mobile homes permitted in many parks, and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. The result of these conditions is the creation of a captive market of mobile home owners and tenants. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. B. Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low or moderate income, exorbitant rent increases fall upon these individuals with particular harshness. The continuing possibility of unreasonable space rental increases in mobile home parks threatens to diminish the value of the rovestment of the mobile home Owners. Further, existing state law permits mobile home park owners to require DAB/ses/MObileHm.ord 1 August 19, 1991 1 2 3 4 5 1] 13 15 ]6 17. 78 19 20 21 22 23 24 25 26 27 28 mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park cwner by potentially increasing the market value of the park itself. C. This Council finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental increases while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. D. Administration of this Ordinance shall be under the general direction of the San Bernardino Mobile Home Rent Board. (MC-726, 4-9-90) 8-90.030. Application. The provisions of this title shall apply to all mobile home residential rental units located within the City of San Bernardino except if otherwise exempt from the provisions of this title, as such exemptions are provided for hereinafter. Nothing in this chapter shall be deemed to supersede any provision of Californi a_Civil Code Section 998.15 et seq. (MC-726, 4-9-90) 0.90.040. Def inltions. In construing the provisions of this Ordinance, the following definitions shall apply: /// DAB/ses/MObileHm.ord 2 August 19, 1991 1 2 4 5 10 11 15 ]0 17 18 21 22 23 27 28 A. "Landlord" means any owner, lessor, operator or manager of a mobile home park. B. "Rent" means the consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental unit. C. "Residential rental unit" means any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. D. "Tenant" means any person entitled to or proposing to occupy such mobile home unit or space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. E. "Consumer Price Index or C.P.I." means the Index known as the "Consumer Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach - Anaheim Area," (base year, 1967), and if published for the San Bernardino - Riverside -I Ontario Area for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of, Labor Statistics. F. "Mobile Home" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Except as provided in Civil Code Section 799.48, mobile home does not include "recreational vehicle" as defined in Section 799.24 of the Civil /// OAB/ses/MObileHm.ord 3 August 19, 1991 1 3 4 5 11' 12 13 ]4 19 20 21 27 28 Code or a "commercial coach" as defined in Section 18218 of the Health and Safety Code. G. "Mobile Home Owner or Resident" means any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease agreement with the owner thereof. H. "Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as "owner." I. "Mobile Home Space or Space" means the site within a mobile home park intended, designed, or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. J. "Rent Increases" means any additional rent demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. K. "Rental Agreement" means an agreement hetween a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a rental agreement. L. "Space Rent" means the consideration, including i any bonuses, benefits, or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and IIAa/ses/MObileHm.ord 4 August 19, 1991 1 2 4 5 6 i I1 14 15 16 17 18 19 21 22 23 24 27 privileges and the use of facilities, services and amenities accruing to the residents thereof. "Space Rent" shall not includes any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. M. "Tenancy" means the right of a tenant to the use of a mobile home site within a mobile home park on which to locate, maintain, and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. N. "Vacancy" means the condition deemed to have occurred upon the removal of any mobile home from a mobile home park or upon sale of a mobile home in place to a third party. (MC-726, 4-9-90; MC-764, 11-26-90; MC-769, 3-12-91; MC-R02, 7-15-91) 8.90.050. Exemptions from coves e The provisions of this ordinance shall not apply to the following: A. New Space or First Time Soace Exemption - Space rent or space rent increases for new mobile home spaces whether in newly constructed parks or such spaces first rented after the effective date of this Ordinance shall be exempt from the provisions of this Ordinance to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be increased annually under this Ordinance after a space is first rented. In such cases, the base /// DAB/ses/MObileHm.ord 5 August 19, 1991 1 2 3 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 date for purposes of determining permissible future rent increases shall be the date of first rental or conveyance. B. Vacancies 1. if the mobile home space is voluntarily vacated by the tenant other than by sale of the mobile home, or vacated pursuant to California Civil Code Section 798.56, the ~~ landlord may increase the rental rate to any amount as provided in Subsection A of this Section 8.90.050. 2. Subject to the provisions of Civil Codej Section 798.17, if the mobile home is sold and is to remain on 'I site, the landlord may increase the rental rate to the new tenant by up to 10~ of the current allowable rent. 3. Upon the re-renting of a rental unit which has not been voluntarily vacated by the previous tenant, the base rent and the base rent month shall remain unchanged, and the maximum rent which may be charged shall be the same as if the Vacancy had not occurred. 4. A vacancy is voluntary if, the tenant voluntarily and without coercion by the landlord vacates the rental unit or, if the tenant dies and there is no survivingi cohabitant. 5. All other vacancies are involuntary. When a rental unit which has been involuntarily vacated is re-rented, the landlord shall, not more than ten (10) days after such re-renting, give written notice to the new tenant of the base rent and the base rent date of the previous tenant and that said base rent and base rent date are applicable to the new tenant. /// DAB/ses/MObileNm.ord 6 August 19, 1991 ] 2 c. Space Rent Agreement Exemption - Any rental agreement in excess of twelve-months duration which also meets all criteria specified by Section 798.15 and Section 796.17 of the ¢ California Civil Code, including, but not limited to, the tenant 5 notification requirement within the first paragraph of such r~:.cal 6 agreement, shall be exempt from the space rent ceiling provisicns 7 of this Ordinance, but only during the term of such rental g agreement or one or more uninterrupted, continuous extensions 9 thereof. If such rental agreement is not extended and no new ]p rental agreement in excess of twelve-months duration is ]] entered into, then the last rental agreement shall be the base ]2 rent for purposes of this Ordinance. ]3 D. Lease Agreement Exemption - Section 8.90.080 of ]q this Ordinance does not apply to any residential Rental unit for 15 the rental of which the mobile home park owner and the tenants ]s have mutually agreed to enter into a lease which conforms to the ]~ provisions of California Civil Code Section 798.15 et seq. 18 E. Before any rental agreement or lease agreement in ]cj excess of 12 months is executed try an existing or prospective 2U tenant the landlord must (1) offer the tenant the option of a 21 rental agreement fora term of 12 months or less, (2) provide the ~ tenant with a copy of the Mobile Home Park Rent Stabilization ~ Ordinance, and (3) inform the tenant both orally and in writing 24 that if the tenant signs a lease agreement or rental agreement 25 with a term in excess of 12 months, the lease agreement or rental 26 agreement may not be subject to the terms and protections of the 27 Mobile Home Park Rent Stabilization Ordinance. 28 /// DAB/ses/MObileHm.ord 7 August 19, 1991 1 2 4 5 6 7 8 11 12 ]3 16 17 18 21 22 23 24 28 F. Violation - It is hereby made a violation of law, punishable as a misdemeanor, for any person to perform any act of duress, menace, or undue influence with the intent of thereby obtaining the consent of any other person to enter into any lease for the occupancy of a residential rental unit. (MC-726, 4-9-90; MC-769, 3-i2-91; MC-H02, 7-15-91) 8.90.060. Registration Within sixty (60) calendar days after the effective date of this Chapter, mobile hoe.z park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the Board. The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this Ordinance; a listing of all other cl.arges, including utilities not included in space rent, paid by mobile home residents within the park and the approximate amount of each such charge; and the name and address to which all required notices acid correspondence may be sent. The Board is hereby empowered to establish procedures for requiring such re-registration as it deems necessary and to charge a fee for such re-registration in an amount to be established by resolution of the Mayor and Common Council. No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this Chapter unless such current registration as may then be required DAB/ses/MobileHm.ord 8 August 19, 1991 1 3 4 5 7 8 9 10 11 12 ]4 15 17 ]8 19 20 21 27 28 for the mobile home park is on file with the Board at the time the petition for the rent ceiling adjustment is filed. ~Phe registration and re-registration rP.nc±rements provided for in this section, or which may be hereafter established by the Board, shall apply to all mobile home parks including those exempt from the Space rent ceiling limitation by reason of the existence of a valid space rent agreement. (MC-726, 4-9-90) 8.90.070. Registration fee. A. At the time of initial registration or any subsequent re-registration, mobile home park owners shall pay to the City of San Bernardino such registration fee for each mobile home rental space within the park as may be established by resolution Of the Mayor and Common Council. H. If a park owner does not pay the fee provided for in subsection A. above within the time period established therein,) a late charge shall be assessed in en amount equal to one dollar (S1.00) for each mobile home rental space within the park for each calendar month or fraction thereof that such payment is~ delinquent. ', C. No petition will be accepted from any park owner for a space rent ceiling adjustment of any kind, no hearing or other proceeding shall be scheduled or take place, and space rent ceiling adjustment granted or take effect for any mobile home park for which there is an unpaid registration bill. D. The Board is hereby directed to maintain an accurate accounting of all direct and indirect costs of administering the regulations contained in this Ordinance. The DAB/ses/MObileHm.ord 9 August 19, 1991 1 2 3 4 5 s 7 11 14 1 21 Board shall submit a report to the Mayor and Common Council of such costs any recommendation for a change in the registration fee at least annually from and after the effective date of this Ordinance. (MC-726, 4-9-90) 8.90.080. Space rent ceiling or maximum allowable space rent. Beginning the first month which commences following the day after the effective date of this Ordinance, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the "space rent ceiling.' If there was no space rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. If a mobile home park is exempted from the application of this Ordinance by reason of the existence of a space rent agreement and this agreement explres, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. (MC-726, 4-9-90) 8.90.90. Space Rent ceiling adjustment - initial adjustment. 24' 20 26 27 28 A. No increase in space rent ceilings shall be permitted except as prowl ded for herein. B. Permissive Adjustment - A park owner shall be entitled to an initial permissive adjustment gross apace rental income equal to eighty percent (80$) of the percentage increase in DAB/ses/MObileHm.ord 10 August 19, 1991 11 the Consumer Price Index (CPI) from the end of the base year (1988) to the date of application for the adjustment. The percentage increase in the CPI shall be calculated by subtracting the CPI reported for December, 1989, from the most 51 recently reported monthly CPI preceding the application and then 6` dividing this remainder by the December, 1989, CPI. (MC-726, 4-9-90) 8.90.100. Space rent ceilinq adjustment - annual, adjustments. Commencing in calendar year 1990, park owners sha a be ])~~ entitled to the following annual adjustments. A. Permissive Adjustment - A park owner shall be entitled to an annual permissive adjustment of gross space rentals income equal to eighty percent (80$) of the percentage increase in ~I the CPI from the date of the most recent initial or annual) adjustment to the date of application for the proposed adjustment.) ]7 B. Net Operatinq Income Adjustment - In the) ]g event a park owner believes he or she does not receive a just and) ]y reasonable return on park property after receiving the maximum, 2] 22 23 24 25 2G 27 permissive adjustment provided for above, said park owner may file) an application with the Hoard for an adjustment of the space rent) ceiling, providing adequate justification for the proposed) increase. A park owner shall be entitled to an adjustment ofl the space rent ceiling so as to enable the park owner's Net Operating Income (NOI) for the subsequent year to be increased byi a rate which, when added to the maximum permissible adjustment ~ / / DAB/ses/MObileHm.ord 11 August 20, 19911 1 2 3 4 5 6 7 8 9 l] 12 13 14 15 I6 17 19 21 provided for above will give the park owner a just and reasonable return on park property. C. No annual adjustment shall become effective if a previous annual adjustment became effective within the previous twelve (12) months unless approved by the Board pursuant to Section 8.90.100 B. (MC-726, 4-9-90) 8.90.110. Mobile Home Rent Board establishment and owees. A. Establishment - The Mobile Home Rent Board of the City of San Bernardino is hereby established. B, Composition - The Board shall consist of five (6) regular members and two (2) alternate members. One regular members shall be a mobile home tenant Who resides in the City of San Bernardino; one member shall be a mobile home park owner, operator, manager or designated agent of a mobile home park located in the City of San Bernardino. The two alternate members shall be a tenant from a different mobile home park other than the regular tenant member and an owner, operator, manager or designated agent from a different mobile home park than the regular owner member. The remaining three (3) members shall be residents of the City of San Bernardino who are not elected officials, employees, relatives of elected officials or relatives of employees of the City of San Bernardino, and who are neither tenants, ownezs, operators, managers or designated agents ofl mobile home parks and who have no conflicts of interests due to relationship with same. Candidates for membership of the Board shall submit a verified statement listing all interests in any real property or mobile home as defined in Section 998.3 of the l BAB/ses/MObileNm.ord 12 August 19, 19911 1 2 3 9 5 6 7 8 9 70 11 14 17 18 19 20 21 22 23 24 25 26 27 California Civil Code, including ownership, individually, jointly, legal or equitable, and all sales of such property, or instruments secured by such property, within thirty (30) days of seeking appointment to the Board, C. Nomination and Aopointment - The regular tenant member and his or her respective alternate members shall be selected by the Mayor and Common Council from a list of five (5) nominations for the Board submitted by a general association on behalf of the various homeowners associations. The regular mobile home park owner member and his or her respective alternate member shall be selected by the Mayor and Common Council from a list of five (5) nominations supplied by a general association on behalf of the various mobile home park owners associations. The Mayor and Common Council shall nominate and appoint the three remaining regular Board members. All members of the Board shall be selected in accordance with applicable City procedures. D. Term - Each regular member of the Board shall serve for a term of two years except as otherwise provided herein. For the first Board, the one (1) tenant member and the one (1) owner member and three (3) at-large resident members shall be appointed for three (3)-year terms. Thereafter, the successors shall be appointed for terms of twc (2) years. Each regular member shall hold office until a new member has been duly appointed. Each alternate member of the Board shall serve for 2 term of two (2) years except as provided herein. Each alternate, member shall hold office until a new alternate member has been duly appointed. If a vacancy occurs or an office becomes vacant other than by expiration of a term, it shall be filled by ~I DAB/ses/MObileNm.ord 13 August 19, 19911 1 appointment as previously prescribed herein for the unexpired 2 portion of such member's term. Notwithstanding the above 3 provisions of this paragraph, a member may be removed, at any ¢ time, with cause, by a majority vote of the Mayor and Common 5 Council. Further notwithstanding the above provisions of this 6 paragraph, any member who is absent without sufficient cause from 7 three (3) consecutive meetings of the Board which such member was $ required to attend shall be deemed to have vacated his office. 9 E. Meetings - To fulfill its function, the Board 10 shall meet as often as it deems necessary, but at least one 1] regularly scheduled public meeting shall be held every one hundred ]2 eighty (180) days; or, except as otherwise set forth herein, 13 within thirty (30) days of any request for hearing or arbitration 14 held hereunder, whichever is earlier. Ali members of the Board, ]5 whether regulars or alternates, shale be required to attend all 16 Board meetings and hearings unless such member has been ly disqualified from participation. All meetings of the Board shall) ]g be conducted in accordance with the provisions of the Ralph M. 7g Brown Act. 20 F. Voting - The affirmative vote of three (3) members 21 of the Board is required for a decision, including all motions, 22 regulations, and orders of the Board. When a regular tenant ~ member or owner member is absent from a meeting, his or her 24 respective alternate member shall participate in the Hoard .fir proceedings in place of the absent regular member. An alternate 26 member shall have voting privileges only when acting in the stead 27 of an absent regular member. 28 /// UAB/ses/MObileHm.ord 14 August 19, 1991 1 2 3 4 5 9 1~ 11 13 14 15 ]7 18 19 2] 22 23 24 25 27 28 G. Quorum - Three (3) Board members shall constitute a quorum. H. Powers and Duties of Board - The Board shall undertake and have the following duties, responsibilities, and functions, together with all powers reasonably incidental thereto: 1. Adoption of Rules and Regulations Subject to the approval of the Mayor and Common Council the Board may make and adopt its own administrative rules and regulations as may be necessary to effectuate the purposes and policies of this Ordinance and to enable the Board to carry out its powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the State, this Ordinance, and any guidelines adopted by the Mayor and Common Council. Any such rules and regulations shall be reduced to writing and be on file with the Director of the Board at all times. 2. Director. The Mayor with the approval of the Common Council shall appoint a Mobile Home Rent Director, hereinafter referred to as "The Director", to administer and carry) out to the fullest extent possible the expressed intent and purposes of this Ordinance. The Director shall be a full-time employee of the City of San Bernardino and shall be a Division Head of the City Administrator's Office. The Director shall be responsible for the day-today operations of the Board. 3. Maintenance of Records. The Board shall keep a record of its proceedings, which shall be open for inspection by any member of the public. 9. Appointment of _COmmittees, Mediators_ or Hearing Officers. The Board may appoint committees, mediators DAA/ses/MobileHm.ord IS August 19, 1991 1 and hearing officers to hear matters on which testimony may be 2 taken, which committees, mediators and hearing officers shall 3 report to the Board the findings and results of any such hearing 4 on a matter referred to such committee or person upon request. 5 5. Conduct Studies and investigations. The 6 Board shall have the power to make such studies, surveys, and ~ investigations, conduct such hearings, and obtain such information $ as is necessary to carry out its powers and duties. 9 6. Require Registration and Re istration Fees ]0 The Board shall require such registration of mobile home parks and ]] establish such registration fees as the Board may deem necessary j2 to enable it to carry out its duties. ]3 7. Approve Rent Increases. The Board may ]q approve such adjustments in rent ceilings as provided for in this ]5 Ordinance. ]s 8. Eyaluation_ The Board shall render at least ]~ semi-annually a comprehensive written report to the Mayor and ]g Common Council concerning the Board's activities, holdings, 19 actions, results of hearings, and all other matters pertinent to 2O this Ordinance. 2] 9. Related Duties. The Board shall undertake 22 such other related duties as may be assigned by the Mayor andl ~ Common Council. 2¢ I. Com ensation - Each member of the Board shall be 25 entitled to such compensation as may be set by the Mayor and 26 Common Council., including reimbursement for reasonable expenses 27 incurred in the performance of their official duties. The Board 2B shall not have any authority to expend or authorize the DAB/ses/MobileHm.ord 16 August 19, 1991 s 7 8 9 I1 12 13 14 16 17 18 21 22 26 27 expenditures of any public funds, except with the prior express approval of the Mayor and Common Council. J. Staff - The City Administrator shall provide all administrative staff necessary to serve the Board. The City Administrator shall provide a secretary to serve as secretary of the Director and shall be responsible for the maintenance of all records of the Board. The City Attorney or his/her designee shall act as legal counsel to the Hoard. (MC-726, 4-9-90) 8.90.120. Petition by tenant. Any tenant of a mobile home rental space affected by this Ordinance, upon payment of such fling fee as shall be duly established, may petition the Hoard for a determination whether a proposed or actual action by the landlord of such tenant is legal, valid, and within the terms of this title. If the Hoard shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager, or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination, and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. (MC-726, 4-9-90) 8.90.130. Petition by landlord. Any landlord of a mobile home park affected by this Ordinance may, upon payment of such filing fee as shall be duly established, petition the Board for a determination whether a DAB/ses/MobileHm.ord 17 August 19, 1991 i 2 3 4 7 8 9 10 I] 13 14 15 18 19 20 21 24 25 26 27 particular course of action by said landlord is allowable, valic and in conformity with this Ordinance. The Board may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion, the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit, a brief statement of the facts giving rise to the request for interpretation or opinion, and a statement that a copy of such petition has been personally served upon or mailed to each such '. tenant who might be affected thereby. (MC-726, 4-9-90) 8.90.140. Petition for hardship rent increase. A landlord, or any representative of the owner, lessor, operator or manager of a mobile home park affected by this Ordinance, upon payment of such filing fee as shall be duly established, may petition the Board for a hardship increase of the maximum rent permitted to be charged pursuant to this Ordinance. If the Board shall designate a form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be designated, such petition shall be in writing, verified by the applicant, and shall contain the name, address and telephone number of the applicant, the name and address of the tenant of each rental unit which would be affected if the petition were granted, a statement of the facts giving rise to the petition for hardship increase in sufficient detail that, if established, such facts would demonstrate the existence of a hardship upon the DAB/ses/M,obileHm.ord 18 August 19, 1991 1 2 3 4 7 8 17 13 14 15 17 19 20 21 landlord warranting such hardship increase. Within thirty (30) working days after the petition has been submitted to the Board for filing, petitioner shall be given notice of the time and place of the hearing, which notice together with a copy o£ the petition shall be served upon or mailed to each tenant of a rental unit which would be affected by the hardship increase if granted. When a declaration of sarvice has been submitted to the Hoard, the petition for hardship rent increase shall be deemed filed. (MC-726, 4-9-90) 8.90.150. Conduct of Board proceedings. A. Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his position, from an attorney or such other person as may be designated by said party. i B. Formal rules of evidence shall not apply in Board proceedings; however, all oral testimony offered as evidence shall be under oath. C. In th? event that any party shall fail to appear at the time and place set for hearing of a petition, the Board may hear and review such evidence as may be presented, and may make such findings and decisions as shall be supported by the evidence presented. 23I D. The Board, shall make findings based on the 24 evidence as to each fact r©levant to the Hoard's decision on the r~ petition. The decision of the Board shall be based upon the 26 findings, and shall: 27 /// ~ /// DAB/ses/MObileNm.ord 19 August 19, 1991 1 2 3 4 5 6 7 17 14 15 10 1i IS 19 20 21 22 1. Determine whether the action or proposed action of a landlord is valid, permitted, and in conformity with this Ordinance; and/or 2. Determine whether a hardship exists, and if so, the nature and amount of relief to be granted or authorized to the landlord. E. Tl.a Board or its appointed Director shall meet to consider the evidence and arguments of the parties no later than thirty (30) days after the matter has been submitted for decision and shall make its final decision at the conclusion of its deliberations. No rent increase will be authorized unless supported by the evidence. A notice of the Board's decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the Board shall apply on a unit by unit basis, taking into account the possibility of differences in base rent, services provided, and other facts differentiating rental units. F. Nothing in this Ordinance, or in any decision of the Board, shall require any landlord to raise rents or charges to tenants. If an increase in the maximum permiss!.b le rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the Board. G. The findings and decisions of the Hoard shall 6e final administratSve action. There shall be no right of appeal to the Mayor and Common Council. Such findings and decisions shall be public records, and may be certified by the secretary of the Board, if any, or by the City Clerk. Each decision shall DAH/ses/MobileHm.ord 20 August 19, 1991 ', 1 2 3 4 7 1]' 12 13 14 ]5 ]7 19 20 21 L4 25 26 f. 27 i 28 set forth a notice as required by California Government Code Section 1094,6. The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64 of the Sar. Bernardino Municipal Code. (MC-726, 4-9-90) 8.90.160. Priorities - Timeliness of Proceedings. A. The Board may establish categories of petitions or requests, and may set priorities for those categories deemed most urgent. In view of the pzotections provided for tenants elsewhere in this Ordinance, the highest priority for the proceedings of the Board shall be given to the category for petitions of landlords for hardship rent increase, and among such petitions, the highest priority shall be given to petitions based upon hardship alleged to be created by the landlord's payment of utilities or other necessary services used in rental units. B. The Board shall so arrange its affairs that each petition filed by a landlord seeking a hardship rent increase shall commence hearing not later than forty-five (46) days following the filing of such petition, and shall be determined not later than thirty (30) days following the close of evidence. If the Board shall deem it necessary in order to meet such time constraints, it shall request of the Mayor and Common Council the ~i appointment of one or more hearing officers to hear such cases, make findings thereon, and recommend disposition thereof to the Board. (MC-726, 4-9-90) 8.90.170. Hardship rent increase regulations. For purposes of determining allowable hardship rent increases, the rules and regulations set forth in this section DAB/ses/MObileHm.ord 21 August 19, 1991 1 2 3 4 7 8 9 1] 12 13 14 15 I6 17 18 19 20 21 23 24 25 27 28 shall be used. In authorizing individual adjustments of the rent ceilings, the Board, its hearing officers and the Director shall consider the purposes of this Ordinance and the requirements of law. The Board may consider all relevant factors including: increases or decreases in operating and maintenance expenses, the extent and cost of utilities paid by the owner, necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance, increases or decreases in amenities, equipment, insurance or services, substantial. deterioration of the park other than as a result of ordinary wear and tear, failure on the part of the owner to provide adequate repair, housing services or failure on the part of the owner to comply with applicable housing, health and safety codes, federal and state income tax benefits, the speculative nature of the investment, whether or not the property as acquired or is held as a long term or short term investment, the owner's rate of return on investment, the owner's current and base year Net Operating Income and any other factors deemed relevant by the Board, its Director, or its hearing officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a hardship request for a rent increase by the new owners. (N.C-726, 4-9-90; MC-798, 7-1-91) 8.90.180. Net operatin income Net Operating Income (NOI) shall be gross income less allowable operating expenses. (MC-'726, 4-9-90) 8.90.190. Gross income. Gross Income equals: nAB/ses/MobileHm.ord 22 August 19, 1991 1 2 3 4 5 11 12 13 14 ]5 16 1~ 18 19 20 21 22 23 24 25 27 28 A. Gross rents, computed as gross rental income at 100& paid occupancy, plus B. Interest from rental deposits, Unless directly paid by the landlord to the tenants. C. Income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees, plus D. All other income or consideration received or receivable for or in Connection with the Use or occupancy of rental units, E. Minus uncollected rents due to vacancy and bad debts to the extant that the same are beyond the landlord's control. (MC-726, 4-9-90) 8.90.200. Allowable Operating Expenses. operating expenses shall include the following: A. Real property taxes, B. Utility costs, C. Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by landlord, management fees shall include the reasonable value £or such landlord performed services. Management fees greater than five percent (5$) of gross income are presumed to be unreasonable. Such presumption may be rebutted. D. Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance. E. Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, DAB/ses/Mobil eHm.ord 23 Auqust l9, 1991 1 landscaping, and repair of all standard services, including 2 electrical, plumbing, carpentry, furnished appliances, drapes, 3 carpets, and furniture, ¢ F. Owner-performed labor, which shall be compensated 5 at the fallowing hourly rates upon documentation of the date, ~ time, and nature of the work performed= i 1. At the general prevailing rate of per diem g wages for the San Bernardino area, for the specific type of work g performed, as determined and published by the Director of the 10 Department of Industrial Relations of the State of California ]j pursuant to Section 1770 et se4 of the Labor Code of the State of ]2 California, 73 2. Zf no such general prevailing rate has been ]¢ determined and published, then a cost per hour £or general 75 maintenance and a cost per hour for skilled labor as established ]~ by resolution of the Mayor and Common Council. ]~ Notwithstanding the above, a landlord may receive 78 greaten or lesser compensation for self-labor it the landlord ]rd proves by clear and convincing evidcn.:e that the amounts set forth 20 above are substantially unfair in a given case. 2] owner performed labor in excess of 5& of Gross 22 Income shall not be allowed unless the landlord proves by cleat .~ and convincing evidence that such excess labor expenses resulted 24 in proportionately gzeater services for the benefit of tenants. 25 G. License and registration fees required by law to ~ the extent same are not athsrwise paid by tenants. 2i I/1 28 %// ~ DAH/seslMobileHm.ord 24 August 19, 1991 2 3 9 F f i E 1L 7] 13. The yearly amortized portion of capital expenses including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service. I. Reasonable attorneys fees and costs incurred as normal and reasonable costs of doing business, including, Cut not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. (MC-726, 4-9-90) 8.90.210. Operatinq expenses not allowable. Operating expenses shall not include the following: A. Avoidable and unreasonable or unnecessary expenses; 17 18 19 20 21 22 28 H. Mortgage principal and interest payments; C. Lease purchase payments and rent or lease payments to landlord's lessor; D. Penalties, fees or interest assessed or awarded for violation of this or any other statute; E. Attorneys fees and other costs incurred for proceedings before the Hoard or in preparation for such. proceedings, or in connection with any civil actions or proceedings against the Hoard, or a decision, rullnq, or order of ~I the Board; F. Depreciation of the real property; G. Any expenses for which the landlord has been ream nursed by any security deposit, insurance settlement, judgment f.or damages, settlement, or any other method. (MC-726, 4-9-90) /// DAB/ses/MObileHm.ord 25 August 19, 1991 11 2 3 4 5 11 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 8.90.220. Presumption of fair base year net operating income. Except as provided in Section 8.90.230, it shall be presumed that the Net Operating Income produced by a park owner during the base year, provided a fair return on property. Owners, shall be entitled to maintain and increase their Net Operating. Income from year to year in accordance with Section 8.90.080.1 (MC-726, 4-9-90) 8.90.230. Rebutting the presumption. i It may be determined that the base year net operating income yielded other than a fair return on property, in Which case, the base year Net Operating Income may be adjusted accordingly. In order to make such a determination, the Board or its designee must make at least one of the following findings: A. The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The hearing officer shall consider the following factors: 1. The owners made substantial capitai improvements during 1986 which were not reflected in the rent levels on the base date. 2. Substantial repairs were made due to damage caused by natural disaster or vandalism which management has taken appropriate action to reduce. /// /// DAB/see/Mobil e:im.ord 26 August 19, 1991 1 4 5 17 12 ]3 14 ]5 16 17 18 19 20 21 22 23 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services. 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business measures, B. The rental rates on the base date were disproportionate due to enumerated factors below. In such instancy s, adjustments may be made in calculating gross rents consistent with the purpose o£ this Ordinance. 1. The rental rates on the base date were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. 2. The rent on the base date was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. 3. The rental rates on the base date were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. (MC-726, 4-9-90) E.90.240. Determination of base year net operating income_ A. To determine the Net Operating Income during the base year, there shall be deducted from the annualized gross income being realized in 1988, a sum equal to the actual operating expenses for calendar year 1988, unless the owner demonstrates to the satisfaction of the Board or its designee that the use of some DAB/ses/MObileHm.ord ?.7 August 19, 1991 ] 2 3 4 other consecutive 12-month period is justified by reasons consistent with the purposes of this section. B. In the event the owner did not own the subject property during the base year, the operating expenses for 1988 shall be determined by one of the fo flowing methods, whichever the Board or its designee determines to be more reliable in the particular case: 3 1. The previous owner's actual operating g expenses as defined in Section 8.90.200 if such figures were ]Q available, or ]] 2. Actual operating expenses for the first 72 calendar year of ownership, discounted to 1988 by the schedule. 13 (MC-726, 4-9-90) ]g 8.90.25D. Determination of current year net operatin 15 income. ]s To determine the current year net operating income „ ]~ there shall be deducted from the annualized gross income, 1R determined by analyzing the monthly rents in effect at the time of, ]Q filing of a petition, a sum equal to the actual operating expenses 2Q for the last calendar year (unless the owner demonstrates to the 21 satisfaction of the Board or its designee that the use of some 22 other consecutive 12-month period is justified by reasons ~ consistent with the purposes of this section). (MC-726, 4-9-90) 2¢ 8.90.260. Schedule of increases in operating expenses. 25 Where Scheduling of rental increases, or other 2g calculations, require projections of income and expenses, it shall 27 be assumed that operating expenses, exclusive of property taxes, 28 and management expenses, increases at 6$ per year, that property DAB/ses/MObileHm.ord 28 August 20, 1991 1 2 3 4 5 7 S 10 11 12 ]3 19 15 taxes increase at 2$ per year, and that management expenses constitute 5$ of gross income, provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. (MC-726, 4-9-90) 8.90.270. Allowable rent increases. The Board, a hearing officer or the Director may permit rent increases, unless otherwise prescribed by law, such that the owner's net operating income will be increased at the rate as specified in Section 8.90.100 A. 2. (MC-726, 4-9-90) 8.90.280. Discretionary considerations. While the Net Operating Income formula should operate to guarantee a park owner a fair return on investment, the Director or hearing officer considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this Ordinance. (MC-72fi, 9-9-90) 8.90.290. Limit on increases pending hearing or litigation. Notwithstanding any other provisions of this Ordinance,) 21 22 23 24 25 2G 27 no increase in rents in a mobile home park shall be valid during the time that any hearing or proceeding is being conducted pursuant to this Ordinance, nor shall such increase be valid during the period in which the Board's decision for that park is being reviewed by a Court of competent jurisdiction, except those the tenants shall be required to pay as the Permissible Adjustment as provided for under Section 8.90.090 B. No owner shall increase rents under this Ordinance if the owner: /// DAB/ses/MObileHm.ord 29 August 19, 1991 1 2 3 4 5 7 11 12 13 ]4 16 21 23 24 25 A. Has failed to comply with any provisions of this Ordinance and/or regulations issued thereunder by the Board or Mayor and Common Council, including any provisions requiring the payment of registration fees and registration penalties. 8. Has failed to comply substantially with any applicahle state or local housing, health or safety law. No owner shall increase rent unless the notice increasing rent contains a statement in substantially the following form: "The undersigned (owner) certifies that this rental space and common areas of the park are not subject to any uncorrected citation or notices of violation of any state or local housing, health or safety laws issued by any government official or agency." If an owner fails) to comply with this subsection, the tenant may refuse to pay the improperly noticed increase, may seek administrative or civil remedies under this ordinance, and may raise the owner's non- compliance as an affirmative defense in any resulting unlawful detainer action. (MC-726, 4-9-90) 8.90.300. Rent increases for reduction in services. A. No owner shall reduce the level or kind of services provided to tenants as of the date of adoption of this Ordinance or take any other punitive action in retaliation for the exercise by tenants of any of the rights granted 6y this ordinance. B. If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash, and cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful oAB/ses/MObileHm.ord 30 August 19, 1991 II~ means of transferring to the tenant the obligation for payment for such services, the cost savings shah be passed through to tenants by a rent reduction equal to the actual cost to the park of such 4I transferred utility or similar service (less common area usage) based on costs for the twelve (12) months period prlor to notice to the tenants of the change. Provided compiiance with this section occurs, provisions for mediation and/or hearing shall not apply. It is the intent of this Section for those rental g agreements entered into on or after January 1, 1991, to bei ]p consistent with the provisions of Civil Code Section 798.41 as' j] adopted by Chapter 1013, Section 2 of the S'_atutes of 1990. C. For purposes of Section 8.90.300 A. above, in 13 determining cost savings to be passed on to tenants in the form of 14 decreased rent, the cost of installat ion of separate utility ]~ meters, or similar costs incurred by the owner to shift the I6 obligation for payment of utility costs to the tenants shall not 17 be considered. However, this shall not be construed to prohibit ]gll or prevent the consideration of inclusion of such costs as an~ increased operating expense at mediation or arbitration. 20 D. If a service other than a utility or simii ar 21 service per subsection (A) above is reduced or eliminated, or if 22 a utility or similar service is reduced or eliminated without a concomitant decrease in rent, the provisions of this Ordinance 241 27 2$ regarding petition and/or hearing shall apply subject to the following conditions. Any petition initiating mediation or hearing must be filed within twelve (12) months of the date on which the service was reduced or eliminated, and the reduction or elimination in services must continue to exist at the time of the DAB/ses /MobileHm.ord 31 August 19, 1991 1 hearing. Rent decreases shall only be granted prospectively. 2 (MC-726, 4-9-90; MC-769, 3-12-91) 3 8.90.310. Quantum of proof and burden of proof. 4 The decision of the Hoard, its Director, or hearing 5 officer must be supported by the evidence submitted at the 6 hearing. The petitioning party shall have the burden of proof in 'J such proceedings. (MC-726, 4-9-90) $ 8.90.320. Appeal, g Any party to a hearing shall be entitled to appeal the 10 decision of the Director or the hearing officer to the Hoard. ]] (MC-726, 4-9-90) ]2 8.90.330. Filing of appeal. 13 Any party seeking to appeal the decision of the 14 Director or the hearing officer must file such written appeal 15 within fifteen (15) days of the date of notice of the decision and 76 must post a deposit of an amount sufficient to cover the cost of ]~ preparing the Hearing Record. (MC-726, 4-9-90) 18 8.90.340. Appeal hearing. ]g Upon the request of any party filing an appeal and 20 depositing the sums required in Section 8.90.330 hereof, the Hoard 21 shall schedule a hearing to be held within thirty (30) days of the 22 filing of appeal and shall direct the Director to notify thei ~ parties of such hearing date. (MC-726, 4-9 -90) 24 8.90.350. Appellate review. 25 The Board shall review the Hearing Record and hear the 2G arguments of the parties at the appeal hearing, but shall limit 2~ i.ts review to facts presented at the hearing before the hearing 2$ officer. (MC-726, 4-9-90) DAB/ses/MobileHm.ord 32 Auqust 14, 1991 1 2 3 4 5 6 7 8 9 10 lll 14 15 16 17 18 19 20 2] 22 281 8.90.360. Time for appellate decision. The Board shall make a decision no later than five (5) days following the appeal hearing and notify the parties ._thin ten (10) days following the Board's decision. (MC-726, 0-9-90) 8.90.370. Finality of decision. The decision of the Board on appeal shad be final and binding. This section specifically supercedes Municipal Code Chapter 2.64. (MC-726, 4-9-90) 8.96.380. Judicial review. An owner or tenant aggrieved by any action of the Board may seek judicial review by appealing to the appropriate Court within the ,jurisdiction. Sections 1094.5 and 1094.6 of the Code of Civil Procedure are applicable. (MC-726, 4-9-90) 8.90.390. Termination of tenancy. A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of Section 798.15 et seq. of the California Civil Code shall be terminated only pursuant to Section 798.55 et seq. of the California Civil Code. (MC-726, 4-9-90) 8.90.400. Remedies for violation. A. Civil Remedies - Any person who demands, accepts, or retains any payment in violation of any provision of this ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted, or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted, or retained, together '~ /// DAB/ses/MObileHm.ord 33 August 19, 1991 1 with reasonable attorney's fees and costs as determined by the 2 court. :il B. Criminal Remedies - It shall be unlawful for any q owner to adjust any rent in an amount in excess of that allowed 5I under this Ordinance or by order of the Board. Any owner who 6 willfully and knowingly violates aay of the provisions o£ this ~ Ordinance or the orders of the Hoard shall be guilty of a 8 misdemeanor. 9 C. Injunctive and other Civil Relief - The Hoard, the 10 Director, the City, and the tenants and owners may seek relief 17 from the appropriate Court within the ,jurisdiction within which 12 the rental unit is located to enforce any provision of this 13 Ordinance or its implementing regulations or to restrain or enjoin 14 any violation o£ this Ordinance and of the rules, regulations,, 15 orders and decisions of the Board. ~i 76 D. Non-waiver of Rights - Any waiver or purported ii 17 waiver by a tenant of rights granted under this Ordinance prior to 18 the time when such rights may be exercised, whether oral or 19 written, shall he void as contrary to public policy. (MC-926, qn 4-9-90} 21 8.90.910. Period review of ordinance. 22 A. The Mayor and Common Council shall review the ~ provisions of the Ordinance one year following the date of 2¢ adoption thereof, and at any other time deemed appropriate, in 25 order to consider the following: 26 1. Whether this ordinance continues to be 27 necessary to protect the public health, safety, and welfare. 28 j!/ DAHjsesjMobileHm.ord 39 August 19, 1991 1 2 3 41, 7 8 9 71 I3 14 ]5 17 18 19 20 2l 24 25 26 2. Whether the implementation of the provisions of this Ordinance have been adequate; and 3. Whether the provisions of this Ordinance should be amended to provide more effective regulations or to avoid unnecessary hardship. (MC-726, 4-9-90) 8.90.420. Seyerabiiity. If any provision(s) of this Ordinance or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. (MC-726, 4-9-90) 8.90.430. Ordinance to be liberally construed. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. (MC-726, 4-9-90) OAB/ses/MoblleHm.ord 35 August 20, 1991 M E M O R A N D U M DATE: January 28, 1992 TC: Jef .'rey Kin?, De Fu ty City Attorney Linda D. Daniels, Deputy City Manager Diane O~Nea1, Management Analyst. II "~>~: Resident's Mabi le Home Accord Subcommittee SUBJECT: COMMENTS OV PROPOSED PARAMETERS FOR MOBILE HO M.E C06TRA.CT Attached are comments to the staff proposal on the above subject as submitted to us on January 23, 1997.. cc: Mayor and Members of the City Council Jack Lam, AICP, City Manager Comments to Staff Pro posal of January 23, 1992 CPI Term 100% of CPI with no minimum CPI ~ 4 years and a maximum CPI (100%) amount of 9% ~ Hardship Considerations C_rl~__ ?a sstF. r~s aher than ~_. ~. Acc_, _. __ .riche:. Manda`ed Frequenc y for Adjustments Witri a resident vote of SO% plus one passthru to be paid on a 50/50 Accepted as written basis separate from base rent Acts of God Coital Passthru - Gov't. Mandate Accepted as written Accepted as written with the addi- tion .., separate from base rent Rent Equalization SEE EXHIBITS FOR VARIATIONS Establish rent threshold (average ON CPI, SURTAX AND RENT rent for all parks - E300); any EO UALI2ATION re..^. S. lower than threshold, of .mi:ar location and size, adjust _ ~'_ .. thr__neld; Shen -dd ~. _, f~rqu laato rc^ for e year= Volu r, `.arv Vacancy Accepted as written Taxes, ASSe55ments, Levies Accepted as written Recreational Vehicle RV charges to be based on CPI; same as rent adjustments Utility Charges Accepted as written Verification of Accord Offered Accepted as written City Proposal 100% CPI - 5% used throughout 10% of difference between low rent $280 and highest rent X345 (threshold) 1.5% of Hase rent For surtax Average Surtax Base 280 313 395 Rent' 1.5% Diff (#) 65 32 10% # 6.50 3.20 617,760 Hase 286.50 316.20 5% CPI 19 16 17 Surtax 4 5 5 9,900 Yr. 1 301 332 362 657,360 # 44 13 10% # 9.90 1.30 Base 305.40 333.30 5% CPI IS 17 18 320 350 380 693,000 # 25 10% # 2.50 Hase 322.50 S% CPS 16 18 19 Surtax 5 5 5 9,900 Yr. 3 339 366 399 730,620 6 30% » .60 -ase 399.60 5% CPI 17 18 20 Yr. 1 - hi 345 - l0 280 = 65 difference Yr. 4 hi 419 - l0 357 = 62 difference No equalization - across the board rent increase Low rent 280 with CPI only after 4 yrs. - 340 * Formula - Average rent (center column) x 12 mos. x 165 sp. Exhibit 1 100% Of CPI - 5% Formula: Hi 345 + l0 280 = 612 = 2 = 312 avg. = q8 mos. = 6.50 increase 280-312 receives 100% CPI + 6.50 - 312 and over receives CPI only Hase 280 311 345 Increase (#) 6.50 6.50 0 Base 286.50 317.50 CPS 14 16 Yr. 1 301 333 362 # 6.50 5.50 New Base 307.50 339.50 CPI 15 17 18 Yr. 2 323 356 380 ~ 6.50 6.50 New Base 329.50 362.50 CPI 16 18 19 Yr. 3 346 381 399 # 6.50 6.50 New Base 352.50 387.50 CPI 18 19 20 Yr. 4 370 407 419 Start hi 395 - l0 280 = 65 difference Finish hi 919 - l0 370 = 49 difference - 25% Start average tent 312 Finish average rent 395 This plan would penalize and discriminate against those, because of longevity in one home, have the loxest rent and are our oldest citizens. This plan would also make all of us (RCMORE, City and Owners) open for a law suit on Civil Code 798.31. The discrepancy between high and low rents has come about because of vacancy control and the owners have made a lot of money on coaches that have sold a number of times. Exhibit 2 Equalization Plans - Use sliding scale of CPI on diFf erences between high and low rents This plan would use 75% of CPI plus 1% surtax Difference between hi and to - 0 - 25 no Change 25 - 50 - 2.5% of CPI over average rent 50 - T - 2% i5 - 100 - 1.5% " 100 and over - 1% Surtax would be 1% of original average rent Difference 0 - 25 hi 420 - l0 400 = 20 difference CPI 75% of 5% = 3.75% Average rent 4I0 Hase 400 420 CPI 3.75% 15 16 Surtax 4 4 Yr. 1 415 436 CPI 16 16 Surtax 4 4 Yz. 2 431 452 CFI 16 17 Surtax 4 4 Yr• 3 447 469 CPI 17 18 Surtax 4 4 Yr. 4 464 487 Start hi 420 - l0 400 = 20 Average 410 Finish hi 487 - l0 464 = 23 Average 476 Surtax - approx. 38,400 25 - 50 Difference - hi 350 - 16 300 = Average 325 - Surtax 3 CPI 3.75% under 325 - 2. 5% over 325 Base 300 326 350 Orig hi 350 CPI 8 8 9 l0 300 Suztax 3 3 3 Diff 50 Yr. 1 308 334 359 CPI 12 8 9 Plan hi 386 Soctax 3 3 3 l0 344 Yr. 2 320 342 368 Diff 42 CPI 12 9 9 Surtax 3 3 3 Equalized 8 or 160 Yr. 3 332 351 377 CPI 12 9 9 Beg. avg. 325 Surtax 3 3 3 End Avg. 365 Yr. 4 '?^ 360 3°5 SO - 75 Difference - hi 345 - l0 280 = Average 312 - Surtax 3 CPI 3.75% under 312 - 2% over 312 Average Base 280 313 345 Surtax CPI Surtax 11 3 6 ~ 3 3 5,940 Yr- 1 CPI Surtax 291 11 3 319 6 352 7 3 3 5,940 Yr. 2 312 325 359 CPI Surtax 12 3 ~ ! 3 3 5.940 yr, 3 CPI Surtax 329 ]2 3 332 ? 366 ~ 3 3 5,940 Yr. 4 336 339 373 Orig. hi 345 - l0 280 = 65 Average 312 Plan hi 373 - l0 336 = 37 " 355 28 or 43% 75 - 100 difference - hi 350 - l0 250 = Average 300 - Surtax 3 CPI 3.75% under 300 - 1.5% over 300 Base 250 301 350 CPI 9 5 5 Surtax 3 3 3 yr, i 259 306 355 CPI 8 S Surtax 3 3 3 Yr. 2 267 31I 360 CPI 9 5 5 Surtax 3 3 3 Yr. 3 276 316 365 CPI 30 5 5 Surtax 3 3 3 yr, q 286 321 370 Orig. hi 350 - 10 250 = 100 Average 300 Plan hi 370 - l0 286 = 84 328 16 or 15% . ~l A27 /MOJJT, LI ~~~SkF«-D f3ASa zsa zGo 2.7o z.8o 290 3mo ~.~_ DLFF (, ~~ 50 40 36 Zo f0 .7. ~'e7~ p 5 4 3 Z / t3Rsr= Z SS , zG¢ z 7 3 z82 L9 I 30 S°o cP 13 L3 1 I IS q~~,s., ytn2 1 Zf~E i7]' 287 z9 f. 3e (e 3iL'S- z9~ RIFF (e~ a] 3g ~8 1~ 9 - IJ~s Q .J 9. ~ ~ 1 (~ ~ 31,6 11[-W pnsE z73 z8( 290 29$ . 30 31S - E IS t5 f~ t~ YEn2 2 213' z95 3c5 31,3 3z2 331 ` 3~2 ~ ~ DI~F 44 3G 2(° ~ 18 9 c~ o= ,;, c, byc ~ ¢ 4 ~ I Z 1 W21J 8k5E z~ij z49 3m8 31S 3i3 3~ ° CF _15 IS 1~ Ib I 1 YEnk 3 3o f° 314 3z3 391 I 339 ~ 34-0 =2G S'lo e.f~ iS Jd // c 3 30 /L ~. ~ 3 9 I y L s - if ;.as,<So y yy , 9 ~ I gL ~ 'S C-'I ~J I i /m/ 9 3 3 i 7 ~ s i S /, Lei '~ -[L- AL ~~ ~ ' 9 ~ G A ~ rr ~ ~ yti~ T /yM1 of a 3 ~' ~ ~ v ~ /y Y3 ~ ~ 8e j ~ sc ~ 3 , ~. sjo ~/~/ yti3 i ~ .3 T9T9 /8' '-9-'li i i9 399 /9_ yoS i ~ '~ S'/• e. rl __!~. /9 ~ o _. rho I I 'i . 377 ~ 39o vi9 i H1 S I 1 3~-x ~...' 3SO ~ ~?. SC . ioo i I - 'I/o I / ~e 7a/, ~// S 7, a ~ Y 70~ sad 9 ~js»tir, / %0 7~/, //S 7 3i/ 73P YaG G~;~wf~o--P ter' f% 75~„ car/ 4 J GSo, 9TS G So9 i GS7 Y3Y C~ P/ C~,nQN /co ~n 6 98 qyd 7~9 • ~ GOLOEN STATE MOBIIHOME OWNERS LEAGUE, INC. Maurice A. Priest 1.1:~I LE GISUTIVF ADVOCATE ~ ATTON NEY AT lAW January 30, 1992 WEEKLY LEGISLATIVE REPORT SHOWDOWN ON THE ASSEMBLY FLOOR GSMOL Legislative efforts have already beat the odds this year, by gaining passage of AB 935, out of the Assembly Housing Committee. About five days later, GSMOL performed another miracle, with the help of Assemblyman Tom Umberg and staff, by getting the bill passed out of Ways & Means Committee. This toes no small feat, because the State-mandated program in AB 935, which would require each county to ser up. a Rent Revi era Board, would require State-mandated costs. In othec words, it costs money to set up Rent Review Boards, and in a year when the State Budget is at a deficit, any cost to the State would spell sure defeat for the bill. Assemblyman Tom Umberg proposed an amendment in Ways & Means which would enable each county to impose fees necessary to covet costs of the program. This is the same type of approach [hat is currently used in existing city and county mobilehome ordinances. More specific language will be amended into the bill which would, for example, enable the county to impose a $9.00 charge, half of which would have to be paid directly by the park owner, and the other half could be imposed on the mobilehome owners. The showdown is now on the Assembly Floor. Today the bill is scheduled to 6e brought up. It is going to be a tough battle. The fact that AB 935 has already advanced this far is an embarrassment to the park owners and the real estate industry, all of whom strongly opposed the bill in Ways & Means. A full corps press will be made on the Assembly Floor, and we hope that our efforts on the bill will he enough to gain passage, so that it will advance to the Senate Policy Committee. We will update the Hotline to le[ you know the bill's fate. YEE VS. ESCONDLDO, G.S. SLRRCME CCGRT Most of you know that GSMOL attorneys argued before the U.S. Suoreme Court in the case of Yee v. Escondido. This landmark case will decide whether local governments have the right to continue controlling the rate of rents at the time of a mobilehome re-sale. Many questions have been asked as to when a decision can be expected. Based upon the past practice of the U.S. Supreme Court, (over) 1400 Ethan Way Suite 200 Sacramento, CA 95825 (916) 641-1400 Page two a decision on this case is not likely to be made before the July 4th weekend this summ_r. If the Court considers the case complex. it is possible they could delay making a decision even longer than July of '92. P.s soon as the decision is made, you will be advised through the GSMOL Legislative Hotline and GSMOL Bulletins. ATTORNEY ABSCESS MEMBERSHIPS NOW AVAILABLE FOR YOUR GSMOL CHAPTER AC the recent GSMOL Convention in Buena Park, response to the GSMOL Attorney Access program was extremely positive. If you have not already heard, we would like ynu to know that Attorney Access Ciemberships can now be acquired by Chapters, to assist, them tai th park-wide problems that effect all residents of the park. Those Chapters who have already io fined, have found fie helpful to gain legal advice and legal assistance with regard to park leases and rental agreements, park rules and regulations, interference with park re-sales, and other ouestions which can effect the residents. If your Chapter has no[ yet joined Attorney Access, you should do so at your next Chapter meeting. For Mare information regarding this program, call 1-R00-655-6600 between A:30 a.m. and 5:00 p.m. Monday through Friday. CSMOL-SUPPORTED AB ]803 HEADS TOWARDS SENATE HOUSING COMMITTEE Assemblyman Dom Cortese's AB 1803, a GSMOL-supported bill, will soon be taken [o a vote in the Senate Housing Committee. This bill would enable your local government to consider what compensation you would be entitled to receive if you are forced to move due to the closure of your park. Although AB 7803 does not mandate the paymenC of compensation, it does provide a helpful check list ro lncal government officials, who would be urged to take into arnounr vour potential costs of moving, whether there is an available apace ~'~in ten (10) miles, the ne:v rent at your new location, and whether a buy-out of your home at market value, should be ordered. Urge vour StaCe Senator to vote "Yes" on AR 1803. SB 530 TO BE HEARD IN THE ASSEMBLY JUDICIARY COMMITTEE GSMOL-OPPOSED SB 530 6y Senar.or Ed Davis would further restrict mobilehome owners' lawsuits for failure to maintain mobilehome parks. The bill would requite that each and every mobilehome owner participating in thelawsuit send a thirty-day advance notice before commencing suit. If the atCOrney sends the notice on behalf of his homeowner clients, he would have r.o specify each homeowner he represenr.s. GSMOL considers this nothing but an attempt to further obstruct a homeowner's right to initiate lawsuits for failure to mainr.a in. if you don't tell your Assemblyman that you oppose ehis bill, how will r.hey know how to vote? Write to your Assemblyman eoday, urging r.hem to vote "No" on SB 530 by Senator Ed Davis. For additional information nn these and other mobilehome bills, call the C.SMOh Legislative Hotline at 1-fl00-Rfl8-1727. ELASHII AB 935 papaed off th• Assembly floor today and is on the way to the Senate Housing and Urban Affairs. ~SCo ~! ~r i~o -' AN ORDINANCE OP THE CITY OF ESCONDIDO ' ESTABLISHING NOHILEHOME RENT PROTECTION 1. Definitions. For the purposes of this ordinance, the following words, terms, and phrases shall be defined as follows: (a) Board shall mean the Mobilehome Park Rental Review Hoard of [he City of Escondido. (b) Capital improvement shall mean the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and/or repairs. (c) Department shall mean the Community Development Department aE the City of Escondido. (d) Mobilehome shall mean a vehicle designed and equipped for human habitation and which is used as the principal place of habitation for the occupants thereof. (e) Mobilehome park shall mean any area of land within the City of Escondido where two {2) or mote mobilehome spaces are tented, or held out for cent, to accommodate mobilehomes used for human habitation. (f) Mobilehome space shall mean the site within a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. (g) Owner shall mean the owner or operator of a mobilehome park or an agent oc representative authorized to act on said owner's oc operator's behalf in connection with the maintenance or operation of such park. (h) Rehabilitation work shall mean any renovation or repair work completed on oc in a mobilehome park which was performed in order to comply with the direction or order of a public agency, or to repair damage resulting from fire, earthquaxe, or other casualty. (i) Rent shall mean the consideration paid Eor the use or occupancy of a mobilehome space. (j) Rental increase shall mean any increase in cent charged by an owner to a tenane, including but not limited to lease offers, lease renewal offers, and increase in monthly rents. (k) Tenancy snail mean <he right of a tenant to use or occupy a mobilehome space. (i) Tenant shall mean a person who has a tenancy in a mobilehome pack. AN ORDINANCE OF THE CZTY OP EBCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (Continued) 2. The Mobilehome Park Rental Review Board. (a) The City Council of the City of Escondido shall serve as the Mobilehome Park Rental Review Board. (b) The Hoard shall establish the time of any hearings or meetings held pursuant to this Ordinance and such hearings or meetings shall be held in the City Hall as often as the Board determines to be necessary to discharge its duties hereunder. (c) Three (3) members shall constitute a quorum for the purpose of conducting a hearing or meeting. Decisions of the Board shall be made by 'a majority vote of the members present. (d) The duties and ~espcrsibilities of the Bnard shall include the hearing of all rent increase applications and determine either to approve or disapprove a rent increase in the manner provided for herein. 3. Base Rent. Except as hereinafter provided, an owner shall not demand, accepe, or retain rent for a mobilehome space exceeding the rent in effect Eor said space on January 1, 1986. If a previously rented mobilehome soave was not rented on January 1, 1986, the owner shall not demand, accept, oc retain rent Eor said space exceeding the rent. in effect during the last month the space waa rented prior to January 1, 1986. IE a mobilehome space is rented Eor the first time after January 1, 1986, the owner shall not demand, accept, or retain rent for said space exceeding the rent first charged for the space. No owner shall send a notice containing the specific amount of a proposed rental increase prior to receiving approval of a rent increase Erom the Board. Except a9 herein provided, an owner shall not demand, accept or retain rent exceeding the cent in effect on January 1, 1986, Eor a mobilehome space that was not regulated by this section prior to January 1, 1986. if such mobilehome space was not rented on January 1, 1986, the owner shall not demand, accept or retain rent Eor said space exceeding the rent in effect during the Last month the space was vented prior to January 1, 1986. 4. Permitted Rent Increases Based Upon an Application Approved by the eoard. (a) An owner may file with the Department a rent increase application for one oc more mobilehome spaces Eor approval by the Hoard. (b) An application Eor a rent increase pursuant to this section shall be Eiied upon a Eorm prescribed by the Department and shall be accompanied by the payment of a fee which will be determined by the eoard; provided, however, that no fee shall be charged for applications filed within the first one hundred eighty (180) days after the effective date of this Ordinance. Said application shall specify the address of the mobilehome park, the space number or numbers for which cent is requested to be increased, the amount of the requested rent increase, and the facts AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILffiOME RENT PROTECTION (Continued) supporting the requested increase. The applicant shall produce at the request of the Department any records, receipts, reports, or other documents that the Department may deem necessary Eor the Board to make a determination whether to approve a rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the Department. (c) Upon receipt of a rent increase application, the Department shall mail a notice to the affected tenants at the mobilehome spaces designated in the application, informing them of the receipt of such appZ'ication, the amount of the requested rent increase, a brief summary of the owner's justification for the request, any supporting documents which may be inspected at the City Rall, the tenant's right to submit written statements, photographs or other documents relating to the application within thirty (30) days after the date the notice is mailed, and the address where such statements or documents may be mailed or delivered. (d) The Department shall determine within thirty (30) days after receipt of a rent increase application whether said application is complete. If the Department determines that said application is not complete, it shall notify the applicant in writing as to what additional information is required. (e) A copy of each rent increase application shall be provided to each member of the Board after such application is determined to be complete. The Board shall hold a hearing on said application within sixty (60) days after such determination is made except as provided in subsection (i). Notice of the time, date, and place of the hearing shall be mailed to the applicant and the affected tenants at the mobilehome spaces designated in the application at least ten (10) days prior to the hearing. (E) At the hearing, the applicant and the affected tenants may offer any testimony that is relevant to the requested rent increase. T_he ap~licsnt and affected te.^.a.^.ts ra. ^PFer document9r -'itte.^. declarations, or other written evidence for the first time at the hearing only if goad cause is shown why such evidence was not filed with the Department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except as provided in subsection (j), within Fifteen (15) days after the close of the hearing, the Board shall make its determination, pursuant to the standards established 6y subsection (g) of this section, approving or disapproving a rent increase Eor the mobilehome space or spaces specified in the cent increase application. AH ORDINANCE OP THE CITY OP ESCONDIDO ESTABLISHING NOBILEHOME RENT PROTECTION (Continued) (g) The Board shall approve such rent increase as it determines to be just, fair and reasonable. The Board shall consider the following factors, in addition to any other factors it considers relevant, in making such determination: (1) Changes in the Consumer Price Index for All Urban Consumers in San Diego Netropolitan Acea published by the Bureau of Labor Statistics. (2) The rent lawfully charged for compa ra6le mobilehome spaces in the City of Escondido. (3) The length of time since either the last hearing and final determination by the Board on a rent increase application or the last rent increase if no previous rent increase application has been made. (4) The completion of any capital improvements or rehabilitation work related to the mobilehome space or spaces specified in the rent increase application, and the cost thereof, including such items of cost, including materials, labor, construction interest, permit fees, and other items as the Board deems appropriate. (5) Changes in property taxes or other taxes related to~ the subject mobilehome park. (6) Changes in the rent paid by the applicant for the lease of the land on which the subject mobilehome park is located. (7} Changes in the utility charges for the subject mobilehome park paid by the applicant and [he extent, if any, of reimbursement from the tenants. (8) Changes in reasonable operating and maintenance expenses. isl The need for ~~paics caused by ciicumtliances nine[ than ordinary wear and tear. (10) The amount and quality of services provided by the applicant to the affected tenant. (11) Any existing written lease lawfully entered into between the applicant and the affected tenant. AN ORDINANCE OF THE CITY OF ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (Continued) (h) The Board may provide that an increase in rent or a portion of an increase in rent granted by the Board be limited to the length of time necessary to allow the park owner to reasonably amortize the cost of a capital improvement, including interest. Such increase granted as a result of the capital improvement shall not continue beyond the time necessary for reasonable amortization of the cost of such improvement. (i) Notice of the Board's determination shall be~ mailed to the applicant and all affected tenants at the mobilehome spaces designated in the application. The determination of the Board shall be;~final. 7 (j) In the even[ that the Board is unable to act and make its Einal determina~ion on a completed rent increase application within the time limitations prescribed by subsection (d)-(f) of this Section, and after the thirty (30) days for the tenant to file statements or documents in opposition to the application under subsection (c) shall have expired, the Board may approve such interim rent increase Eor the mobilehome space or spaces specified in said application which clearly appears to he warranted when the Factors set forth in subsection (q) of this Section are considered, based upon the facts stated in the application, any written Statements or documents filed with the Department by the affected tenants, and any other facts known to the Board. An approved interim rent increase shall expire on either (1) the last day of the month within which the Board makes its final determination disapproving a rent increase, or (2) the effective date of a rent increase which is approved by a final determination of the Board. (k) The time within which the Board may conduct a hearing as provided in subsection (e) or make its determination a9 provided in subsection (f) may be extended twice by the Board Eor periods of time not to exceed sixty (60) days each if the Board approves art interim rent increase pursuant to subsection (j). 5. Fees. A tenant whose tenancy is not regulated by the provisions of the Nobilehome Residency Law shall not be charged a fee for anything other than rent or utilities with the exception of incidental reasonable charges Eor services actually rendered. 6. Permissible Reasons for Terminating cr Refusing to Renew a Tenanc (a) A tenancy which is not subiect to the provisions of the Mobilehome Residency Law shall not be terminated ror shall its renewal be refused, except Eor one or more of the following reasons: AN ORDINANCE OF THE CITY OP ESCONDIDO ESTABLISIIING MOBILEHOME RENT PROTECTION (Continued) (1) Failure of the tenant to comply with a local ordinance or State law or regulation relating to mobilehomes within a reasonable time after the tenant receives a notice of noncompliance from the appropriate governmental agency. (2) Conduct by the tenant, upon the mobilehome park premises, which constitutes a substantial annoyance to other tenants. (3) Failure of the tenant to comply with reasonable rule or regulation of the mobilehome park. No act or omission of the tenant shall constitute such failure to comply unless arid~until the owner has given the tenant written notice of the alleged rule or regulation violation and the tenant has failed to adhere to the rule or regulation within seven (7) days. (4) Nonpayment or rent, utility charges, or reasonable incidental service charges. (5) Condemnation of the mobilehome park. (6) Change of Use of the Nobilehome Park, provided that the provisions of Subsection (f) of Section 798.56 of the California Civil Code are followed. (A) The owner gives the tenant written notice of the proposed change twelve (12) months or more before the date of the proposed change. (B) The owner gives each proposed tenant whose tenancy will commence withi^ twelve (12) months of the proposed change written notice thereof prior to the inception of his tenancy. (b) Notice of termination or refusal to renew must be given in writing in the manner prescribed by Section 1162 of the Code of Civil Procedure at lease sixty (60) days prior to the termination date of the ta.. cy. Said notice shall Mate !:he da'_e the tenancy terminates, the reason Eor the termination or refusal to renew, and the specific facts upon which the owner is relying. 7. Refusal of Tenant to Pav Illegal Rent. A tenant may refuse to pay any rent in excess o the maximum rent permikted by this Ordinance. The fact that such unpaid rent is in excess of the maximum cent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment eE rent or to collect the illegal :ent. AN ORDINANCE OP THE CITY OP ESCONDIDO ESTABLISHING MOBILEHOME RENT PROTECTION (Continued) 8. Remedies. (a) Any person who demands, accepts or retains any payment of cent in violation of the provisions of this Ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three (3) times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could be lawfully demanded, accepted, or retained together with reasonable attorney's fees and costs as determined by the Court. (b) Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punishable in the manner provided by Section 1-13 of the Esr_ondido kunicipal Cede. 9. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portion thereof. ~'ti~ct3:l~ ~-~orac ~zNT Cc...7XaC. GRID/n.'.~~t.cE - ['~ f~ .F r1aRGAN Nt d=.36.010 Chapter 536 MO6ILE HOME PARR RE\7S" Sections: article I. General Provisions 536.010 Purpose. 536.0?0 De[initions. 5}6.030 Exceptions to chapter provisions. article II. Rental Dispu[e Hearing Process 5}6.040 Hearing process-Established. 536.050 Space ten[ increases-Revicw procedures. 5}6.060 Space rent increases-Limit on annual inveases. 536.Oi0 Space rent inereases- Exceptions. 536.050 Hearing process-Submission o[ petition by owner. 5:6.090 Hearing process-Submission oC petition by tenants. - 5-6.100 Petitions-Form. 5.6.110 Petitions-Filing requirements. 536.1?0 Per.;ions-ConSOlida[ion. 536.130 Space rent increues-\otice. 5}6.140 Space rent increase-Effective when. 53ti.150 Hearing-Procedures. 5}6.160 Hearing-Fee. 5.30.170 Hearing-Conduct. 536.150 Hearing-Determination. 5:6.190 Hearing-Determination- ' ~oti(in[ion. 5=6._00 Incense determined rot r e a s o n a b t e-Remedies. S.c.]10 Determination-Deemed ;incl. 536...0 Determination-Appiin6iiity. 56._30 Soeciiicstion of sharees. Arir.e iII . Rent Increase Standares-Fair Return ?'6.:50 ;,e:ermir.a;ion of Tea50nabitne55. 536160 Rent adjustment proceedings- Terminology. 536170 Presumption of base year net operating income. =36180 Adjunment to income co m p u cation-Conditions. 536190 Dete: urination o(hase year net operating income. 536300 Increases in operatin¢ expenses-amounts permittxd. 536}10 Allowable rent increases. 5}63?0 Limitations on annual increases. Article iV. Unlmrful Acu-Penalty 536330 Violation-Penalq•. Article V. Miscellaneous 5}6}50 Extension of time-Service by mail. 536360 Extension oftime-Mutual agreement. 536}70 Duty of owner to provide copy of chapter. 536}$0 Rent stabiliration fees. •?nor orGnancc hnwry:Ores. 6n6A ].5..69: AS. avG 7.'S RS. Article L General Provisions 536.010 Purpose. A. Mobile home owner, unC•ke apzr:men: tenants or residents of other rental stock, z:e ir, the unique position ci hzvirg mace z su'rs:ar.;iz investment ir, a rcsid:nc: for which space is enteC or IeueC. Removal zadior : der:an of a mooiie hours from z park zpzr_ is not a pzeicai alternative to accepti ac zn excessive teat incea5: in that it can od:v be accomciisheC at substzatiat cos:. and i^ many instance: may cats: extensive Car,.ae^_ :c :he mobiie hem: aaC Ions of zppu::enaocez suds as inteara, iaaC- scaptng anC su;oor,:m <;-_~,,:r< ir.rtsis;e-: u~;h :;^,e new Icca:;on. 5rcuse mohiie icmesam Ofte.^. OwneC ~pc s: n:or C:::C^..5. pcs0as CC. ::Xe^. ~smc• n... :.b9 .'.6,010 incomes. and persons of low and moderate income. enorbitam rem increass fall upon thcx individuals with pariculu harshness. B. The city has sporsored extensive negotia- tions to eliminate the nerd for the ordinance codified in this chapter. Only one of the city's mobile home parks achieved a mediated solution as a result of this delay. The remaining parks were unable to each aarc:mcnt after extensive nego- nation; thus, neassha[ing the ordinanr_ cod- iired in this chaptci. C. Since approximatdy July, 1981, a heigh[- ened Pattern of excessive rent increases has emerged within some o(the mobile home parks in the city in disregzrd of the purposes and inunt of :'ne ci[v's previous ordinances. Ineorpomtion of these unduly txcessive prior increases within the rate srmcmtt of this chapter without provi- sionsfor their review would materially defeat the pun, os:s and intent of this chapter and the sta- bility it x:ks to bring about. D. The city eounr,I declares that it is neca- szrv in [he public interest ro establish a means by w'nicFs to «soive the potentially divisive and ha:-nCu1 impzsse between park ownea and conch ownea, ACmr consideration of numerous fac- tors, among which are the re!ative!y small num'oer o(parkz located within the city, the level of oceanigation and communication be;svecn mobil: heme ownea in each park. end manda[es of state law, regulations which Cer. fit the nr_ds of [he city have br_n seie: ed. E. T'ne rcaulztions which are se: for.F. ir, this c'napte are dcsig^.:d :o product sxbilit}' in rem inreses lot mobil: 'Home Park ;e^ans w~niie r°_coenizing the rsnts of mobile heme park ewncam rr_;ve z lust and r:3o-,able reurn on „,^.cir proe:^:. T::-,: s-.andards, utiiicing the corn coot of net no: :rag incom: and a :431 base ±~ez:, adopter ~^;~ Sstiors '.?5._:0 ;arough _,3o.i.0 of :^s caac;er err: !nt:^~ c :o provide F. Th::.... :nrs :hat :.ce a otter. o::he ord',nznc: ~:odi(.er in :;.ts a=cpt:• ••s ii'..o:'"avc 1 signifant, zubs:antial or adverse effr[ on the physietl environmcm o(the community becaux enactment o(this chapter involves no deviation from the gcnerxl plan and no ehznec in the prexnt ux of any properly within the cin•. (Ord. 856 N.S. § I (pan), 1958) 6.J6.020 Definitions. For the purposes oC this chapter, unless other- wix apparent from the content, cenain words and phrases uxd in this chapter are defined as follows: A. "Capital improvements" means rhos: improvemenn which materially add to the value o(proy_ny, appreciably prolon¢ iu useful life, or adapt it to new uxs. and which are rcQuired to be amortized over the useful life of the improve- ment puauant to the straight-line depreciation provision of the Internal Revenue Cade, and the regulations issued pursuan[ thereto. B. "City clerk" means the city clerk at the city of Morgan Hill or the clerk's designate. C. "Commission" means the Morgan Hill commission on rams. D. "Consumer Prir_ Index (CPO" means the prier index for z(I urban consumers for :he Sa: Francixo/Oakland Bay Area (alt hems), pra- vided by the U.S. Bureau of Labor Statistics. E. "Housing services" means and include<- thos: xrvices provided and associated witF. the use or occupancy of a mobile hem: snort. inciudine bur nor limbed to repairs. irsu:anc:. maintrnanc:, repiac:meat. Paintine. light. hc_:. water, laundn~ facilities and pm•iic:e<_. ;.fue removal, parking, ¢aeation facilities. secur.:y service and gay ocher benefiu. prviiegas of •'a^:ii- ties. 'r. "~to'oile 'nom:" means a r.:urur: r:siened for human habi:avon gad far E. _ mOccd Or. a A:::: or hls:hw'a)', w~^e::-.:' ... r:.AViv -e!e^rec :0 aS a mObtie ham: C."s 7 Tai:::. G. '•\ICbi:e .^.Cm:Ovine'' CC "t:.^.c... ~_a.^.c a^,c re:SJC .:o N:1F a mCC1'~ '-0^• ,A':::' Is Ie._;:c wti-::. a me'oile home ^zrk :r....- , apron Mel ': u. is 5.36.0?0 Y., "Mobile home park" mcans an aces of land where two or more mobile home spaces are rented, or htld out for rent, or made available (or use, to accommodate mobile homes used (or human habitation. !. "Mobile home park owner" or "owner" means the owner, lessor, operntor or manaeer of a mobile home park in the city. 1. "Mobile home space" or "space" means a site within a mobile home park 6esi¢ned and available for the location and ux of a mobile homc (or human habitation. K. "Yet opera[ing income" means the[ rc[urn to an owner az dexribed in Article III of this chapter. L. "Operating expensci'means thou costs to an owne: as described in Article Iii of this chap• ter. M. "Space rent" mcans the consideration, including any bonus, beneC~[s or gratuity demanded or received in connection with the ux and occupancy o(a mobile home space in a mobil: home park, or for housing xrviccs pro- vidcd. and security deposits, but «dusive of arty amour,[ paid for :hc use of the mobile homc as a dwelling unit. \. "Space rent inreascs" means any addi- tiorai rent demanded of or paid'oy a tenant for a mobile home space including any reduction in housing services without a cot. espondine reduc- tion in :hc moneys demanded or paid for space rent. lord. 856 N.S, § I (Part), 1983) 56.630 Exceptions to chapter provisions. The provisions of this chaplet shall no: apply to the following: A. Scace teat or space rent increases durinea thtrycay pe^od comment;rag noon the mmple- tiar. of a new mobile home spar or a mobile home scar i:rst r-_nted alter July t, 1985. whe^ the mobile home previously ocecpying the space has been : emoved pursuant tc a voluntary te^n r nauon of unancc. 8. Vbthir.g in [his c'napmr shall operate tc ,cs;ric :he r;ghs of tenants and owner who nave entered in[o agreements Droviding for a fixed term and/or a fiseC rent for mobile homc tenan- cies. C. A onotime adminisvativc fee oC twenty- 6ve dollars may be impoxd for mobile home .spaces whet: the mobile homc remains, bu[ ownership of the mobile home is transferred. The aforesaid chanee is intende6 to provide a one-time compensation payment (or admin- istrativebookkeeping charges in mnnec;ion with the ownership transfer. (Ord. 855 N.S. ~ l (Cart), 1988) Anide II. Rental Dispute Hearing Process 536.D40 Hearing process-Established. There is established the Morgan Hill rental dispute hearing process ("hearing process"). (Ord. 656 N.S. § I (part), 1988) 536.050 Space rent increases-Review - procedures. Except az provided in this chapter, any space rent inrcase site; the eftr_tive date oRhe ordi- Hance codified in this ehap[e:. which exceeds an aggregate of xvcn:y-five prr_m of :he inwe^se of [he CPl for the twelve-met.:h period ending sixty days before notice of such rent incrse is given, or eight prcent, whichever is less, shall be subject to review under the hr_r,ng process. (Ord. 856 N.3. S 1 (part), 1983) 536.060 Space rent increases-Limit on annual increases. The space rent of any mo'cii:'nome roc: may nor 6e inc: eased more thzn enr in any :weive- month period except as allo•+td undr. Section :.36.030 of rnis chapter. (Or. 356 V.S.: I (Pat':). 1938) 56.070 Space rent increases-Exceptions. if an owne: haz not raisec rzr rent far more than twenty-fcur months p ., :c :he lots[ incmase„rental mreases lr, ex:~ss of seventy- ve percent of :ne ir.c:rse in ~?`. ter tae twe:ve- ~~arpn NJI I/t81 0~0 resentativc will rendc: the petition ' S:~' will not be acccp«d a etnant «P the petition aR) 1988) days before notice of incomPlaeand 356 ~•S~ 4 1 (P -iod ending sixty subjett to month P<~ vcn shall not be s suisfy for Cding. (Ord. such rent increase is?i vidtd that such increase Form must be Ghcd on a - u.. Dto the last mcreau was 6.100 Petitions-• this chap "~' o1lttria: I[ the cur 53 for «wc commission and the [ollowine the prior to t application rioedby the Ring mate~ more than twenty-four m°o a not to exceed Cnat T[t such suPP° ase, a rental increas ter shall be petition [orm Pr anied by chiding. rent incre muri be accomP rescrbc in aR).1983) the commission shall P wnci s notid o[ setoutinSection5.36.320ofthisenaP tiat~ acoPYoCtheoofun'icereduc' allowed. (Ord- 356 N.S. ~ l lP but not limited to, ~Ilegations mined in wnung. urden of - Submission oC space rent increase. Theb all be Clearing Dtpcess- eons shalllK Sob reductions sh 536.080 caner. proo such servtct uctions.lOrd.356 petitionbyo ark is subject (regarding such«d whose mobile homeP who seeks to on the person al19 8) pay owner chapter and ar.), visions o[thti oC the Provisions oC this N S. Q l (P to the PfO t cheating uirements. increase tent in excess invoke h clerk Filing req ition shall be required to the city Petitions- this chapter, a Pet chapter ~ G1ed with me 536.110 rovided in riot to tht roccss by a pctitton d and heard in the sa ExctPt zs P calendar days P P roccsse filed thiRY ~ staled in the notice which shall be P in this chapter for tenant must be the inereas tenant sha!1 as Provided t the owner shall efCecnve date of Ver that a manner vided tha such rovided ho dar days after tectiPt of applications, Pto all tenanu subject to with to «nant; P Galen the owner :n y in writing, have at (cast ten Ctom l IPaR)• notii•, dshall ine{ude in his filing oCaspact rent increase ,.5.§ se an vthe person nonce Ord. 856 [oral incr=" ocument estcuted b, t dazsmail which to file a Petnion. ( th=city c[::k a d afar ha who has deposi«dimothe regotim agirmtn?the i988) e.sonally served then ~ listing the ar has D the tenan Ord. Consolidation. ve be", of the none uPO6 uch tenants. ( 536.1''-0 Petitions after petitions ha source es of all 5 osstiole ai+t spaces names and add[css 1988) ~s soon az P mobiit homeP anaee- ~ g. ; '. (PaR)' with respect to wncahtp or tr. 356 ~ `~ filed mmon o ' ventyt`vo which art under co t more than j° Submission of mcnt but In no even etition relarding a 536.090 Hearing Process- ~ t o(a P hours following tec-•P e the com- petition by tenants. of more than act trot Incres • , the written petition mobile homt ?ark sP ossioie, con• any mobile to rot neatest extcntP att7. P~ UP°t' c ~. of the tenants of mission s~ ions. (Ord- 356 x.5.5 l lP twenty the Pc' o" es cried with the aty clerk ~nall, without leas t_ the ate soiidate suc'a Petit home Par` coral disP ,935) ;..~ as sc: foRn m this chzP ". ay be invokeC. ~odce. hearing Pcocos' m the tenanu shall designate r increases-~ uc. B. In th^- pe:ieion tha tenant represen• . }6,130 Space ran a tenant or cane: notices se wnic^. s ual to st^'c ~ ipt o; all notice. "-tVhene°Ct an o an ind~a•id uses of «,c of fae: r..nose: space teat jQ°'-6.C`C of :ns •he Pu~r and i:ndme_ "n,•s pf a P ~ 5ec:ion -~= ,,. b} ;ative fee decisions - =view' indec ~, the ;e^.a,,. lapse:. Sc:`'\ce of vatic: upon syblec; ;o r.. noon. cocresnccdcn=:, will con- pwn° snai: aiso notiiown°: s o. «cwrtd :n the " nt ;epresentanv'e -~}c;t. •nc of nouct o:. a: the attd terra ,totjCe,o the ten- vo^ ;;te dts•.."• u:Ttcient ~ designa« ins same :. cequa;t and s ~ tatjpn, FailiCC SO 5ptu:°a ~e th°: ~NONn i~'.~ ittl~ 5.36.! 30 in the same notice in x Conspicuous manner of the tenani s right to milizc the rental dispute h:arine process and shall provide the Collocating: A. A wpr of this chapter. H. Asummary oCthiuhaptr, approved by the commission; C. A statement chat a copy of [he chaplet or summary was provided to the tenant when the tenant commenced residing within the park: and D. The address and telephone number of the chy derx and secretary of the commission- (Ord. 85o V.S. § l (par.), 1933} 536.140 Space rent increase-Effective when. Providing chat a comp!eud position is timely flied. concerning a space rent increase subject to this chaprnr, that portion of the requesud rental increase (and only that portion) which exceeds the seventy-five percent increase in CPI timita- tiondescribed in thischaptet, shall not take often unless and until such «mt a the rent commis; Sian allows such incttue or Dortion thetnof pur- suant to the provisions of this chapter (Ord. 956 X.S. y 1 (part), i939) 536.150 Hearing-Procedures. tFthin ten working days from the dam the pennon as described in this ehapte: is recce ved by the city de; k. the commtssion shall conduct a hearine with all pa^its. or within such additional ¢me u map be mutually agreed upon by ail cartes :o the Manna. Th_ commission should o•ve at lest nve rfendar days' notice ro tM caries pnor to ;he ''.^,ear. r, g. T'ne nonce period saali corn mence uocn deport of the notice m the recular 5rs: class mail m the parses. ~tater:als to .'_ constae:ed at the hearse tuns: be made avxii- aoie tC ^vatn patsies t0 tnt neanrf 3: least ihfee worWne gars to act once of :hc hear. r. e. Exten- sions o; amt for :he hcang Process may ~- mutua;!v atrecd upon ht' ^uth par.:es,lprc. SSc >'.S. 9 11par.,. !9331 SJ6.160 Hearing-Fee. The cost of Marines conducted undo: this chapter shall be paid by the city Ccom fees coi- )ened under the provisions of Section ?36.330. (Ord. 856 n.5. § t (part), l9Sfi) 536.170 Hearing-Conduct. The hearine shall be conducted by the chair of the commission. Any party or their counsel may appear and offer such documems. testimony, wriucn declaration or other cviQencc az mxy be peainent to the proceedine. A record of the pro- ceedings shaA be DrcParcd by ehc commission and submitted to the city deck w'no shall m2in- tain it (or the period not to eared two peace. (Ord. 856 N.S. § i (Part}, (9831 536.f80 Hearing-Determination. Baud upon the evidence prsented at the hearing, the commission shall make a detecmi- nadon whether or not, in light of nit the evidence presented. the proposed rem incttase is reason- able under the circumstances, in accorG2ncc with the standards sec forth in Section ?.?6.'_50 and following of this chapter. The burden of proof regardine such reasonableness shall be on the owner unless otherwise indicated. The z:an• dards set tonh in Section 5.36350 and following are expand to provide for a just and resonabie return to owner in cep forseeacie curs. How• ever, an awrer shall be permitted to include within the paition additional fats showing [hat due !o unique or speral circumstances, the sttir. application of :he formuiu se: out in Scemn :36.'_50 and following prevcnu a jus; one rta- sonablereturn on the ownc's property w owner. 1f the commission concurs. then it may grope an e Tective rent schedule or fix an inc. r_se :hereto up to that required (or a sus: and resanabic return to owner. (Urd. 956 X.S. § ! (par.!. !933) 5.36.190 Henrins-Determirtation- \otiiication. W'i:mn ;ncr:p working rays failowtcg tae can- cfuston of tae hearing.:... cammtsscr. shah m.a. -..., .:.fs~ 5.16.[90 make a dctrrmination in writing that the pro- poxd spate rem incrcax is reasonable under the circumstanes or not, and shall make written iindin¢s of lest[ upon which such determination is based. Within the thirty-working-day period, the secretary o(the commission shall C.nux cop- ies of the determination and the findings to be mailed by reeular first class mail to the par[ies. (Ord. 856 N,S. § I (Part), 1988) 536.200 Increase determined not reasonable-Remedies. .4ny rental or xrvicc charge increases which have been coilec[ed by mobile home park owners pursuant to an increax which is the subject oC a petition for hearing and which is later deter- mined by the commission to be ezcessivc, shall, within ninety calendar days be either returned to the tenants or credited to Future rental charges at the option of the mobile home park owner. In no event, shall the time period exceed ninety calen- aar days (or carn•ing out the decision of the commission. (Ord. 856 N.S. § I (part), 1983) 536 .10 Determination-Deemed final. The dete:tniration of the commission shall be Leal and shall be delivered to the parties in writ- ing toee;he: with written fi ndin¢s of fat:support- ingsuch determination by depositing the same in the regular [; oiled States maih fiat class mail, within :hin• working days after the hearing pro- vided in Section 5.36.150. Any party disputing the anal cone:usionsand findings ofthe commis- sion may seek rn•iew of them puauan[ to Sec- tions 109».~ and 109u.6 of the Caiifomia Code of Civil Pror_dur.. (Ord. 356 \.S. § I (part 1985) :.36._20 Determination-ADPlicability. The drermmauon made under the provisions of this chaptr. sha!I'oee iecave with r-sped to all mob~ie home Dark maces, unless the tcaan[ of such span 'aas a wetter. lest with the park owner •+~h;ch otherwise sets fo^^ the nan:s and ooiiganons of the par„es •.vnh re<_pr::e ren[. iOrd.856 N,$,; I (part 1. 12581 536?30 Specificneion of charges. For any rent increase approved puauaut to proceedings conducmd in compliance with the prosisions of this shaper, the mobile home pazk owner shall, when demanding any spar rent which includes such allowed amounts, speciry~ with particularity that amount along with a cita- tion as to the authority for that amount and a demonstta[ion of iu calculation. Any notice of te:miaation oC tenancy served by the mobile home park owner upon a mobile home park tenant on [he basis of a failure to pay rent which includes such allowed charges. shall similarly show such charges and the authority for :heir imposition. (Ord. 856 N.S. § I (part), 1988) Article RI. Rent Increase Standards-Fair Return 536.250 fletermination of reasonableness. The commission shall determine whether rent increases are reasonable under the dreumstanes taking into consideration that the purpox of this chapter is to permit ownea ajust and resonable return on their property while protetting tenanu from arbitrary, capricious or unrcuonable rent increases. The commissian's detemtination shz?I be made with reference to the standards set out in this article. (Ord. Safi N.S. § ! (part), l935) 536 .60 Rent adjustment Droceedings- Terminology. For the purposes o i space rent adjus[mentpro- redings, the following definitions shall be used: A. "tier operating income" equals gross income less operatine expenses. B. "Gross income" eouais: I. Gross rents, computed as cross rental income at one hundred percent paid occupancy; pies =. lore: es; from rental deposits. unless direaiy paid bg the landlord to :he :enaats(intnr- est shall'ne comoured a; the rata of rive and ono- hai(perecnt of ail dcpors unfes; suc^ dcpesrs can create: '.nteresu: plus `NOfun hall :dtl~ 5.?6.260 3. Income from laundry facilities. cleaning (ees or services, garage and parking fes; plus 4. All other income or consideration received or: eccivcabie fororin connection with the use or occupancy of rental units and housing services, services, Barge and parking fees; 5. Minus uneolleemd rents due to vacancy and bad debts to the extent that the same are beyond the owne%scontrol. Uncollected rents in excess of three percrnt of gross rents shall be presumed to be unreasonable unless established otherwise. Where uncollected rents must be es:i- ma[ed. the averaee of ehe preceding three years ezoericnce shall be used, or some ocher compara- ble me;hoC. C. f. "Operating expenses" shall include the fellowine: x. Real property taxes; b. Utility costs; c. Management expenses (contracted or ow•ncr pcdormed), including necessary and rea- sonable advertising, accounting, insumnc: and oche: mara¢eral expenss and allowable legal c :peaces. Manaeement ezpenses are presumed to be five percent of gross income. unless esta'o- fished o[hcrwise; d. \om:al repair and maimenanc: ezpenses, including painting, normal cleaning. Cumi¢a- :;en. txndscapine and repair o(all standard serv- ices, mN,uCin¢ e!earicah plumbing and sani[ary Sewe^ c. i. Owner-performed labor, which shall be compenz-a:d at the fellowine hourly rates neon documec:atian'oeineproyided showing [he date. .:me and nature of me work per (ormeC: (A? Gene: a! mamteaance at the gene: al pro wahine hcu; iy wae~ a_ se: out in [he most term "Repot: o` The La'ear Commission. U.S. Decc¢ment of Labac" 131 S'r~:;ed !a'oor at ;wo ;:mes such race; ii. Ver.~,;hs:and;ng :he above. an owner Tay ._ce:~e scale: or ~~esser comoensaron for sal f• ',aoor it i:: n be shown :narh: amounts se: ion ::.eve are subs:annaily uafx:r :a a eves case. .-Acre sexJ'^e a max~r„um allowance unee::ha subsection of five percent of cross income, unless the owner shows greater services (or the benefit oC tenanu: C Rehabilitation or repair work done on or in a mobile home park in order to comph~ with an order issued by the building department. or to repair damage resulting from fire, earthquake e: other natural disaster, g. License and registration fees required by law to the extent the same arc rot o[herwise paid by tenants; h. Capital expenses with a total cost of less than one hundred dollars per year per benefited space, and the amortized portion of other capital czpcnse5 otherwise allowed by regulation. 2. Operating expenses shall not include: a. Avoidable and unnecessary expenses/ increases since the base year, b. Mortgage principal and interest payments; c. Any penalties, Ces or in[eres: assessed or awarded for violation of this or any other law; d. Attorneys' fees and leeal coca in connec- tion with civil actions against the tin; e. Depreciation: f. Any expense for which the owner hu been reimburxd by am' secunty deposit, insurance settlcmen[, judement for damages, x:tiemen[ or any other method; g. Fees assessed under Section 5.16.380 of [his chapter. D. Bate year for purposes of these reeula[ions shall mean calendar year I93i. E. Consuaer give Index is defined in subseo- lion D of Section 5.36.020 of this crapte:. (OrC. g56 V.S, § I (par;;. 1988) .?6.210 Resump[ion of base year net operating income. Except as provided in Sectior, 5.36 '304 of this artmie, is shall be presumed :hat the rte; ope:aLne mc::me produc:d'ay a property dunng ;he 'case year proviCed a 7us; and reasona'oie re;um on race-„v. Owner shall be :ntitied to c,a:r.rain aoc ixrease :nett rte; apepting ~stoti~ n~u ~_-ray 5.3$.?%0 income from year to year in accordance with Section 1.36.310 of this article. (Ord. 856 N.S. § 1 (par.). 19SS) 536?SO Adjustment to income computation-Conditions. !t may be determined that the bau year net operating income yielded other than a just and rcsonable return on property, in which eau, the base year net opc~ting income maybe adjusted accordinrly. [n order to make such determina- [ion.the hearing o(ficcr must make at leas[ one of the following findings: A. Owner'S operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments maybe made in ealculat- ing such expenus so the bax year operating expenus reflect average expenses For the prog- eny ove; a reasonable period of time. The com- mission shall consider the following factors: I. The owner made substantial capital improvements during 1981, which wre not m:ixted in the rent levers on the bau date: =. Substantial repairs were made due to dar,.aae cauud by natural disaster or vandalism: 3. ht aintenance and repair was below accepted standards so as to cause sirtnifieant dete• ricm:ien in the quality of housing Services: ,. Other esoenses were unreasonably high or luw notwithstanding the (ollowin¢ of prudent business prat:ice. I n make n¢ :his dcternination. the far: chat property :axes prior [0 1981 may stave been 'nieher than in the base year shall not be [onside: ed. B. Th: rem ar. the base da;e wzs disPrapor• tionare due to one of the enumerated factors bciow. Ir, suer, irs;anrs. adius:men[s may be mace in caicuianr.e Bross rents :onststent with ire ouroess of thrs chanter. .. The rent on the base care was s:abiishd M~ a iese or other io^ai r_n:al aarrmem which provided for subs:ar.ually h:g^::::nt a: other pericds dur,r,e the te.^ of the lease: 2. The tent on the bue date was substantialy hivlter or lower than at other times of the year by reason of seasonal demand or seasonal variations in mar 3. The rent on the bax dau w•as substantially highcror lower than preceding months by reason of premiums being charged or rebates being given for reasons unique to particular spaces or limited to the period determining :he base rent. C. It shall be Dresumed that w~heze net operat- in¢ income is less than fifty pet r_nt of grass income in the base year, after making adjust- mentsaspermitted by subsections.A and B of this uc[ion, the owner was recriving less than a just and reasonable return on property. [n such a eau, for purpous of determining bau year net operating income, gross income shall6e adjusted upward so twice the amount of adjusted bau yearopemtingexpcnses. (Ord.856 N.S. § I (part), 1988) 536 ~90 Determination of base year net operating income. A. To determine the net operating income during the base year, there shall be deducted iron the annualized gross income being rcaiized on January 1, l98?, a sum equal to the actual ooe~[ing expenses for calendar year 1981, unless the owner demonstrates :o the satisfaction of the commission that some other tweive conucutive mooch period isjustiCrcd by reasons independent ofthe purpou o(this article. In ail cases,!anuar: :, :9S?, shall fall within the tweive-month period u:iiized in this [bogie:. ezr_p[ as provided ir. subsection B of this section. d. I n the even[ that the owner did not own the subir_t property on lanua~' 1. i9S=.:he operat- ira_ ezoenses for 19S l shat; b: determined in on: et' the followine mannez, whichev:r the wr..- m:ssion determines to 'ee mote siiabie in t..- par:cularcase: '.. The pr:viaus ownr.'s ac:uai ope:acaz -.,..eases as deitned in su'cse::or. C of Sr.:icc -,?e 'FO of this art:d: or. •z'hcre anava:iabie: ~~~erpr Yin '_.aa: i=h 5.36.'_90 '_..4c:ua1 operating expenses for the firr. cal- endar ycar of ownership, diseoun[ed to 1981 by the schedule in Section 5.36.300 0( this anicle. (Ord. 356 N.S. § I (pan). I98S) 536300 Increases in operating expenses- Amounts permitted. Where scheduling of rent increase, or other calculations require projections of income and expenscs. it shall be assumed that operating expenscs. exclusive of progeny taxes and man- aecmen[ tspenses, increase at ten percent per year. that progeny taxes ineceau at two percent per year, and that mana¢ement expenses are f ve percent of Bross income. (Ord. 856 N.S. § I (part). 1983) 536310 Allowable rent increues. Upon filing of a petition by an owner, rent incresses may be permitted such that the owner's net operating income will be inercaxd a[ the torte of forty percent of the increase in the CPI over the base year. The increase in the CPI shall be calcu- !aced by dividing the mon recently « ported mo n:hly figure at :he time of filing of the petition by the monthly tieurc For F:bmary 1981 n (?/81 CPI = ?60.5.) (Ord. 856 N.S. § I (porn), 1988) 5363''-0 Limimtions on annual increases. \otwithstandin¢ any other provision of this ordinance. no upward « nt adjustment may be auihodrd for any given ycar in an amount in excess o(twic: tnc San Francisco/Oakland Bay ua Consumer Price Index (C?q or ~iftrn per- c:nt, w'mcheve: is less. The applicable fieure for the CPI shalt be the most recently reported calen- dar vear fieure a: the ume of the f~iing of the pe:;ucr.. If the amoum of any individual adius[- ment otner+-~tse ius•.ined under this artic;t is L eater ;Horn such limit. the full jus:iited amount shall b: eramed nee: a perod of years suca ;hat :rte rent does Hat incea5t by g:earnr [horn the i!mit in any giver. year. IOrd. 856 \,S. F t (par'. 19881 Article R'. Unlawful Acts-Penalh' 536330 Violation-Penalty. No person shall demanC, acc:pt, receive or retain any rent in excess of the amounts allowed under this chapter. Any person may file a com- plain[ regarding xn alleged violation of this chap• ter with the city clerk. The city a[tomey is authorized to, in his discretion, investigate and prosecute thou complaints [hat in his de:ertni- nation merit prosecution. Any peson focnd to have demanded, accepted. rCeived or retained any rent in excess of the amounts allowed under [his chapter is guilty of an infrac[ion. Unless otherwise staled, the penalty m be imposed upon conviction shall be (I) a fine not exceeding one hundred dollars foe a first conviction; (?) a fine not exceeding two hundred dollars for a second violation of the same ordinanr_ within one year, (3) a fine not exceeding five hundred dollars For each additional violation o(the same ordinance within one year. For this Durpose, a bail fob':i[urc - shall be dr_med to be a conviction of the otTense charged. (Ord. 856 N.S. § l (part), 1988) Article V. Miscellaneous 536350 Extension at time-Sers•ice by mail. Whenever any notice or d::erntination called for by this chapter is serv:d'oy maih the time for compliance sec out in this chapter sha0 be extended one calendar working day. Funhe: when [he last day for compiienc: falls upon a regal holiday, the tim: for compiianc: is extended to the next woridne day. (Ord. S56 V.S. § I (pan), 1988) 536360 Extension of rime-Mutual agreement. Ba wri(Ien dgie:m:n( 0: :.: parties Jr L'pOn application to the commsr,on anC `^r Hood cause shown, the time ir-es prav;ded for uncle: ,;,is chapter map'c: aar..ded. ~Or. 856 N,S. S I Ipan1.19S81 ~MOry- Neil is eU 5.36.370 536370 Dury oC owner to provide copy of chapter. 1[ shall be the duty of every owner to provide a summary copy of this chapter to each tenant who rents or leans a space from the owner. This sum• mar copy will be composed by the d[y attorney and available through the city clerk A single summary copy will be provided each owner by the city for reproduction by the owner. (Ord. 856 N.S. § I (part), 1988) 536380 Rent stabilitntion tees. The costs of operation o(this chapter shall be paid from fees assessed annually by the rity upon park owners. Such fees shall be xt by resolution which shall be reviewed annually. Such fees shall be atsessed on each mobile home space other than thox exempted undn the Provisions of subsee[ion C o(Settion 5.36.030. The fees shall be assessed on October Is[ of each year, for all spaces not exempted from the chapter as ofSep- [embe: 10th of the same calendar year. No more than one-half of [he per space charge may be collected by the park owner from the tenant of the space for which the fe: is paid. (Ord. 856 N.S. § I (par,), 1985) .ao.pn tiai ::an 1+8/l5. ' BENJAMIN H. SCHARF AIiORNfY Ai LAW P.O. 80% 34.19 SANTA CRUZ, CAIIFO Rf:IA 9506) 1408141)-8661 GOLDEN STATE MOBILEHOME OWNERS LEAGUE, INC. 1992 CONVENTION EENJAMIN H. SCHARF4 ESQ. HRUCE E. STANTON, ESq. Seminar: PUC Issues -SUbmetered Utility Systems - Rent Pass-Through for Repairs, Maintenance and Rehabilitation 1. What is a submetered utility system? - Are there any differences in gas, electric or water submetered systems? - Does it make any difference if park converted to sub-meters after original construction? - What is a direct-meter system? 2. Conversion from master meter to sub-meter system? - Should costs of conversion be passed through? 3. Who regulates sub-metered utility systems? - Public Utilities Commission - Limited jurisdiction; tariffing - Local regulation - Enforcement of building codes - Role of corvmercial utility corporations: gas, electric and water - Municipal utility districts - Local rate setting and tariffs - Eremot fron PUC jurisdiction - Who is responsible? History of submetered rate differentials and "utility income." - Original tariff ed rate differentials - Audit/accountahility for utility income Statute and regulatory changes: 1976-1979 - Codification of existing tariff practice - Statement of legislative intent - Investigation and regulatory action by PUC: establishment of "discounts" - Tariff structure: stated purpose of tariff and discounts Common park practices - Aging parks with no utility reserves - Pressure to repair/replace facilities - Rent pass-throughs of major repair, rehabilitation or replacement costs - Leased parks: "capital improvements" - Non-rent controlled jurisdictions - Rent controlled jurisdictions - Prohibition against local interference with tariffs. - Rent control treatment of utility income - Violations and remedies - Violations of tariffs and Public Utilities Code - Violations of Mobilehome Park Residency Law - Violations of local ordinances 7. Litigation before the PUC - Status - Ground-breaking use of PUC as forum - Judicial alternatives 4 5 6 SAMPLE CALCULATION OF UTILITY INCOME Assume a park of 350 units, built in 1970 and having submetered gas and electric service from the outset. Also assume that the park has changed hands several times but that "utility income" received over the years has not been transferred, in bulk, from owner to owner (i.e., the current owner has no utility reserves). Assume that the current owner is accountable for all submeter utility income received by the park since the beginning of its submetered operations. 1n 1992 the electric and gas systems are near failure and need extensive rehabilitation. The total repair/rehabilitation costs are $350K for electric and $250K for gas. Assume that the rate differentials received by the park were: $0.21/day/space for electric and $3.60/mo./space for gas. (These are current figures, but they are good estimates since we are not including growth factors for income received years in the past.) Assume that routine operations, maintenance and return on investment account for 203 of income. (This is probably generous.) For electric, the total "utility income" received since the park was established is: $.21 X 365 x 22 X 350 - $590,205.00 "discount" days years space less 203 = $472,164.00 For gas, the total "utility income" received since the park was established is: $3.60 X 12 X 22 X 350 = $332,640.00 "discount" mos years space less 203 = $266,112.00 Result: Under tariff and Public Utilities Code requirements, there are enough funds to pay for the major repairs or rehabilitation of the system and the owner should not look to the residents for rent pass-throughs. As soon as these costs are paid, tRe owner will begin to re-establish utility reserves from monthly "discounts" received indefinitely into the future. REGULATION OF PUDLIC UTILITIES § 739.5 fdcphonc companies may put «lephone xrvic< beyond the budgets o! many rural SubSCrjbCrs. (c) Although the Public Utilities Commission has been shifting the costs of local tdryhonc urvice Gom the longdistmcc telephone companies to the Ia aI wmpa. rtia, e9ecsive longdistanr< eompeti[ion has not yet been lu11Y realixcd by «lephone svburibers N rural wmmurdtia. (d) It is, Iherc(ore, the intent o! the Legislamr<, in enacting 5mtion 719.7 of the Public Utitina Code, to require the commission to ateblish a rate stwcturc for smell independent tdephane companies urving rural and small m<rropolilan eras which does nos impox rata greamr than 50 percwt more than the avecage rtes paid by ratdrntial subxrihers in urban ueas, u determined by the wmmission. C7eas Refveoca: Governing considerations in determining «lephone rata and increases: Pub Util C § 728. i § 739.5. Master meter and submeter service; Uniform rates; Publie I safety customer services i (a) The commission shall require that, whenever gas or electric service, or both, is provided by a master-meter customer to users who ~ are tenants of a mobilehome park, apartment building, or similar residential complex, [he master-meter customer shall charge each user oC [be service at the same rate which would be applicable if the user ' were receiving gas or electricity, or both, directly from the gas or electrical corporation. Tae commission shall require the corporation I famishing service to the master-meter customer to establish t[niform rates for master-meter service at a Level which will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these casts shall ~ not exceed the average oost that the corporation would have incurred in providing comparable services directly to the users of the service. (b) Every master-meter customer of a gas or e]ectr9cal corporation subject to subdivision (a) who, on or aFter January I, 197$, receives anv rebate from the corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or ' both, consumed by the user during the last billing period bears to the total amount famished by the corporation to the master-meter cus tourer during that period. (c) An electrica] or gas corporation Pornishing service to a mastery mete: customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall Furnish a ]ist of those services to the master-meter customer w'ho shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included 225 §739.5 1'Utl LIC U'I'I LIlII:] Al'1 [he average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in yvhich case thz commission shall deduct [he average cost of providing these public safety customer services when approving rate differentials for master- mctcr customers. (d) Every master-meter customer is responsible for maintenancz and repair of its submeter facilities beyond the master meter, and nothine in this section requires an electrical or gas corporation to make repairs to or perform maintenance on the submeter system. (e) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each individual user generall}' in accordance with the form and content of bills of the rnrpnrnlion In ila resirlentinl customers, including, bur nnl limilyd lo. the opening and clwing readings I'ur d1c meter, mIJ Ihr idnuiliruuuu of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable prevailing residential gas or electri- cal rate schedule, as published by the corporation. (f) The commission shall require that every electrical and gas corpo- ration shall notify each master-meter customer of its responsibilities to its users under this section. Addd Slats 1976 ch 923 § J, September 14, 1976. Amended Sots 1977 ch 193 § 1; Stars 1983 ch 622 § 1. Amendments: 1977 Amendment: Prior to 1977 the section rod: "The commission shall rcgmre thaq whenever domestic gaz or domestte electric service, or both, is provided by a maseer meter cuaome: tv users through a submeter service system, the maz:c: memr customer providing such submeter service. whether such customer is a mobilchome park, an apartment house, or a vmdar establishment, shall e.:ar;e esth user a1 the same tale which would M applicable d the user were rern:ng such gas or elatnaty or both, directly from the serving utility. The commns~on shall require the serving utility to establish umfortn rates far rvch serve xhedule area far mazter mtter service at a Inxl which w,ll provide a suYse;em d;Rrer.tial to cover the reasonable average costs to mazter meter customers of providing such submeer service prov,ded, however, that such casts shall nor esceN the average cost that the terving utility would have incurted in prov,Emx comparable services beyond the masttr meter to the submeter eenanu." 1977 Amendment (1) designated the former section to be subd (a); and (21 addcE subds (b) and (c) to trod: "(b) Every maztermeter customer subject to subdno- von (a) whv, on or after January I, 1978, receives any rebate from the Bening utihry' shall distribute to. or credit ro the accomt oL each current user servN_ by the mssrer-meter customer that portico of the rebate which :he amcunt of gu or elrrcny, or bath, cann¢ned by the user dunn¢ the last 6iiiine pe.^,ed Scn to the wtal amount used by :he maztermeer customer dunn¢ such pored. "(c) g<rmg utilities shall notify rack mastenmetu customer subject to subdh aien 1~1 of the maztenme:er customers' responnbsiines under chat subdnns:on. r..e:er rcA;ng for the tenant. The mobilehame park mana¢ement shad pest :a a conspmuous place the prevailing raidenual urirty race x:;eduie as pubhshr' by the s<rvtng utility. 19BJ Amendment: Subsumled the section far the former section. ,Fore-Stars 1976 ch 923, efiectne September 14, 1976, prondes: 226 REGULATION OF' 1'UULIC U'I'1 LI'1'IliS § 739.6 SECTION I. Thc Legislature hereby finds and declares as follows: (s) Increasing numbers of the natds population are r<sidmfi in mobilchome parks. (b) B is in the best in[errss of the state ro protect such tenants by taking reasonable steps to remove conditions which would nccessi«te «nt incressa by such parks. (c) Many mobilchome parks own and maintain disMbmion fxcilities for gas and electric service to park tenants. (d) Thc Glifomia Public Utilities Commission hu for many years required that parks charge for submetered gas and electric service to «nants the same race as would De charged by the utility company if serving the tenants directly. (e) The existing tariak of regulated public militia have enabled the mobilchome parks to recoup a part or all of their expenses in maintaining and opcreting such submetered dinribunon sysmms. (f) The rota charged by' a «gulated public utility to a mehilehome park and the rate charged by such park to its tenants should provide a dideremial suficicm to enable the park to cover its costs of providing submetered gu and electric service. (g) Thc maintenance of such tliEerential will benefit tenants of mobilchome parks by rabbng [hem [o have the foil benefit of "lifeline rates." Cross References: Authority so fin ztandards and meazurements of gaz and electricity: Pub Util C § 770. Duty of electricah gas. heap or water corporation to residential user in multiunit residential strveture, mohde home park, o, permanent «sidential structure in labor camp: Pub Ut0 C § 777. Duties of corporuion famishing service to residents through master meter: Pub Util C § 777.1. Separate memring for specified residential units: Pub Util C § 780. y. Raponsibditia of residential muter-meter customer for submeter system: Pub Util C § 13811.5. Billing for muter meter and submeter service: CC § 79B 3B. Collateral References: Annotations: Joinder or representation of seeeml <Ia:mants in action io recos cr orcrcharga I ALR1d 160. Var:anon of utility' rata bued on flat and meter rates. i0 ALR1d 13i I § 739.6. Cost allocation methodology The commission shall establish rates using cost alloca?ion principles tha[ fairly and reasonably assign to different cu;wmer classes the cons of providing service to those customer classes, consistent with the policies of affordability and conserves[ion. The cost allocation methodoloey adopted for gas corporations by the commission in Decisions 86-12-009 and 86-12.010, as supplemented by Decisions 87- 05-036 and 87.12.039, is consistent with this policy, and shall be retained by the commission at least until December 31, 1990, except that the commission may modify this cost allocation methodology to address customer hardships and inequities if residential customers as a class are not, on balance, adversely affected and the purpose of the modification is not solely protection of gas corporation revenues. [f any ens corporation files a cos[ allocation appiication seeking to chance that methodoloey after May 1, 1990, the commission may not issue an order on that application until 7anuan• 1, 1991. ,4dded Sots 1988 ch 117 sec 3, etTec;rve Lune 19. 1988, Note-See I9g8 Sot< (alloaine Puh Col C § 7i9. 2'_7 BAMPLE CALCULATION OF OTILITY INCOME Assume a park of 350 units, built in 1970 and having submetered gas and electric service from the outset. Also assume that the park has changed hands several times but that "utility income" received over the years has not been transferred, in bulk, from owner to owner (i. e., the current owner has no utility reserves). Assume that the current owner is accountable for l~l submeter utility income received by the park since the beginning of its submetered operations. In 1992 the electric and gas systems are near failure and need extensive rehabilitation. The total repair/rehabilitation costs are $350K for electric and $250K for gas. Assume that the rate differentials received by the park were: $0.21/day/space for electric and $3.60/mo./space for gas. (These are current figures, but they are good estimates since we are not including grcwth factors for income received years in the past.) Assume that routine operations, maintenance and return on investment account for 208 of income. (This is probably generous.) For electric, the total "utility income" received since the park was established is: $.21 x 365 x 22 x 350 = $590,205.00 "discount" days years space less 208 = $472,164.00 For gas, the total "utility income" received since the park was established is: $3.60 x 12 x 22 x 350 $332,640.00 "discount" mos years space = less 208 = $266,112.00 Result: Under tariff and Public Utilities Code requirements, there are enough funds to pay for the major repairs or rehabilitation of the system and the owner should not look to the residents for rent pass-throughs. As soon as these costs are paid, the owner will begin to re-establish utility reserves from monthly "discounts" received indefinitely into the future. ~~~ y 1 ~• 4.0l.olo--a.ol.ozD Title 4 CONSCMER PROTECTION Chapters: 4.01 Mobile Home Rent Review Commission d-S.t4 Pawnbrokers and Secondhand Dealers Chapter 4.01 MOBILE HOME RENT REVIEW COMMISSION Sections: 4.01.010 Purpose. 4.01.020 Definitions. 4.01.030 Applicability. 4.01.040 Created--Members--Terms. 4.01.050 Powers of [he c~mmiss ion. 4.01.060 Initiation of commission review, mediation and hearing process. 4.01.070 Security deposits prohibited. 4.01.060 Reduction in services prohibited. 4.01.090 Petition by homeowners. 4.01.100 Increase upon sale or transfer. 4.01.110 violation--Penalty. 4.01.120 Termination. 4.01.130 Separability. 4.01.010 Purpose. The city council finds and declares t necessary to protect the owners and occupants of mobi'_e homes from unreasonable rent increases while at the same -ime recognizing the need of the park owners to receive a just and reasonable return on their property and rental increases sufficient to cover the net increased costs of repairs, maintenance, insurance, upkeep and additional amenities. (Ord. 1006 (part), 1987). 4.01.020 Definitions. For the purpose of this chapter, the words sat out in this section shall have the followinc meanings: A. "Rase rent" means the space rent charged for any mobile home dwelling unit space in effect for that space an Octobet 15, 1987. Prior history: Ords. 809, 818, 852, 895, 904 and 924. 77 (Rialto 7/88) 4.01.020 B. "Commission" means the mobile home rent review com- mission established by Section 4.01.040 of this chapter. C. "Consumer Price Index" means the Consumer Price Index for all urban consumers (CPI-U) published for the Los Angeles--Long Beach--Anaheim area or if published for the San Bernardino--Riverside--Ontario area. D. "Homeowner" means a registered owner~of a mobile- home as defined by the Civil Code of the state of California and/or a person who has purchased or is engaged in the process of purchasing or otherwise acquiring a mobilehome that will remain in that particular park. E. "Homeowner's association" (association) means and includes" 1. A nonprofit uninco tporated association with membership open to all homeowners, representing a majority of the occupied spaces, of a particular mobile home park, with elected officers for a specified period of time ("principal association"); 2. A nonprofit unincorporated or incorporated asso- ciation which represents homeowners collectively with elected officers for a specified period of time ("general as aociation"). F. "Members" means commissioners of the mobile home rent review commission. G. "Mobile home park owner" means the owner, lessor, operator or manager of a mobila home park within the pur- view of this ehapte r. H. "Park owners' association" means any otcan izatior., either local, regional or statewide, open to all owners of mobile home parks. I. "Rental agreement" is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agree- ment, J. "Space rent" means the consideration, including any bonus, benefits or gratuity, demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for the transfer of a lease for park space, services and amenities, but exclusive of any amounts paid for the use of the mobile home dwelling unit. Also excluded are costs for water, gas and electrical charges it the dwelling unit has individual usage meters. R. "Tenancy" is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park. (Ord. 1006 (Part), 1987). 77'1 (Rialto 12/88) 4.01.030 4.01.030 Applicability. A. The provisions o£ this chapter shall apply to any mobile home park within the city. B. None of the provisions of this chapter shall pro- hibit any homeowner from entering into a written lease with 77-La (Rialto 12/88) 4.01.040--4.O1.0i0 the owner of such park, which, by its to rns, provides fcr rental increases other than would be allowed by this chzcter. C. In the event of a conflict between a principal and general association on issues in one specific park, the decision of the principal association shall be Bete rmira rive. D. Any association set forth in Section 4.01.020 shall only be recognized pursuant to this chapter by the delivery to the office of the city clerk of the name of the organi- zation, the names and titles of the officers thereof, and the term of each. (Ord. 1006 (part), 1987). 4.01.040 Created--Members--Terms. A. There is created within the city a mobile home rent review commission, con- sisting of five regular members and two alternate members acoointed by the city council to serve at the council's pleasure. No member of the commission, regular or alternate, shall be an employee of the city or a relative of any such employee. A11 members of the commission, both regular and alternate, shall be permanent residents of the city. No member of the commission, regular or alternate, shall be a homeowner or a mobile home park owner or a relative, em- ployee or agent of a homeowner or mobile home park owner. B. Terms of office for the five regular me.'nbers of the rent review commission are for a period of four yea-s or until their successors are appointed, and such terms are staggered with the term of one member of the rent re- view commission expiring each year, except that every £ourth year the to rns of two regular members shall expire. The terms of office for the initial regular members of the cc-- missior. shall be as follows: one member shall serve for one year; one member shall serve for two years; one memter shall serve for three years and two members shall se r•;e Ear four ve azs. The torn of of.`ice for the initial alter- nate members shall be cne year. Nothing in this chapter shall prohibit an alternative member Erom being reappointed for additional one-year torms. C. Whenever a vacancy occurs on the co:vnission, such vacancy shall be filled in the manner provided by law. Where a vacancy occurs leaviaa an unexpired term, the sub- secuent appointment or selection shall be made for the balance of such unexpired to rm. D. Neither regular nor alternate members of the cv^- missipn shall be compensated `.or their services on t:^,e commission. (Ord. 1006 (part), 1987). 4.01.050 Powers of the commission. Within the limi- tations provided by law, the commission shall have the fol- lowinc powers: A. To meet from time to time, as requested by the city council, upon Lhe filing of a petition after the failure of mediation, and to utilize City offices and/er facilities as needed; 77-2 (Rialto 7/R91 4.01.060 B. To receive, investigate, hold hearings on and pass upon the petitions of the homeowners as set Forth in this chapter; C. To make or conduct such independent hearings or investigations as may be appropriate to obtain such infor- mation as is necessary to carry out their duties; D. To adjust maximum rents either upward or downward upon completion of their hearings and investigations; E. To adopt, promulgate, amend and rescind adminis- trative rules to effectuate the purposes and polices of this chapter, the commission shall publicize its own rules and regulations prior to their promulgation in at least one newspaper of general circulation in the city; F. To maintain and keep at city hall, mobile home rent review hearin5 files and dockets listing the time, date and place of hearings, the parties involved and the final disposition of the petition. These Eiles and dockets shall be matters of public record and shall be accessible to the public and may be viewed at the office of the city clerk or may be copied upon written request therefor and upon payment of appropriate cost of reproduction; G. To publicize this chapter so chat all mobile home park owners and homeowners of Rialto will have the opportunity to become informed about their legal rights and duties under this chapter; H. To consider all proposals for amendments and modifi- cations of this chapter and to hold at least One ouhlic hearing, upon notice to each respective homeowners' asso- ciation and park owners' association as registe red with the city clerk, to consider the view of interested parties prior to making recommendations to the city council for or acainst any such amendments or modifications to this chac te:. I. To enforce and recognize agreements arrived at te- tween homeowners and mohilehome park owners where the a:ree- ment is duly exeucted by representatives of the oarties, submieted to the commission and made a matter of~record. (Ord. 1006 (part), 1987). 4.01.060 Initiation of commission ze view, -ediaticn and hearing process. A. In order to inclement a rent in- crease, the mobile home park owner shall: 1. At least thirty days prior to the se mice of a written notice of a proposed rent increase, as set forth below, provide written notice to the affected principal association of record with the city clerk and to the city clerk that a notice of proFOSed rent increase wi 11 be served. In the event that the mobile home park owner is unable to effect proper service upon the principal association, or if there is no principal association, the mobile home park owner shall poet said notice in a conspicuous place in the affected mobile home park; 77-3 (Rialto 7/98) 4.01.060 2. At least sixty days prior to the effective date of any proposed rent increase serve each affected home- owner, either by personal or substituted service, by con- spicuous service (post or mail) or by certified mail, with notice of the proposed increase in accordance with California Civil Code, Section 798.30, and, in addition, with notice that a request for approval of said proposed rent increase is being filed with the commission; 3. File a copy of any notice served pursuant to paragraph 2 of this subsection with the commission by delivery to the city clerk no later than five days after service upon the homeowners. 8. No more than one increase in space rent shall be allowed in any twelve-month period. C. Nochinq contained in this chapter shall be inter- preted so as to discourage private, voluntary negotiations between homeowners and mobile home park owners regarding the amount of any proposed rent increase. It is the in- tent of this section that the thirty-day notice period re- quired pursuant to subsection A of this section be utilized for the purpose of such informal negotiations. Any rent increase which is the result of such informal negotiations shall be exempt from the additional requirements set forth in said subsection and in subsection D of this section. Although these informal negotiations may be initiated by either the mobile home park owner or the homeowner, it is the intent of this chapter that this action be taken by t _ mobile home park owner. It shall be the obligation of t.._ mobile home park owner to provide written notification t_ the city clerk regarding the need for mediation. D. If no written notice is delivered to the city clerk pursuant to subsection C of this section: 1. The city clerk shall, no later than the tent: day of the sixty-day notice period pursuant to California Civil Code, Section 798.30, mail written notice to the homeowners' associations (principal and general); the par:< owners' assoe iation and the owners of the mobile home pa z:< subject to the Proposed annual rent increase, setting a place, date and time for the holding of a mediation. 2. The mediation shall 6e scheduled within t•~enty- five days from the date of the notice thereof, but in ro event earlier than fifteen days. 3. No later than five days before the date set for the mediation, the Park owner shall file with the com- mission a proposed rent schedule on a forn provided by the commission. The rent schedule shall show the existing and pro ~OSed rents for each space. Copies of the rent schedule shall be matters of public record and available free of charge co the affected Principal association of record, f. The mediation shall be conducted according to the Following rules and procsdures: 77-4 (Rialto 7/88) 4.01.060 1. The mediation shall be conducted by the chair- person or vice-chairperson of the commission, who shall act as the mediator. 2. The mediation shall be an informal, non-bindinc proceeding for the purpose of reaching agreement as to the amount of the pzopo sed rent increase. F. If a full commission hearing is requested, the fol- lowing procedures shall be used: 1. At the request of the chairperson, the parties shall produce such records, receipts or reports as the com- mission may require. A failure by the mobile home park owner to produce such requested items shall be sufficient basis for the commission to terminate the proceedings. 2. At the request of the chairperson, the parties shall produce specified financial records with respect to the park. Upon failure of any party to produce the requested books, papers, records or documents, the chaff rpezson may request the city council to issue a subpoena directed to said party pursuant to Section 37104 of the Government code, commanding the production to the commission the requested books, papers, records or documents in the possession or under the control of said patty. 3. Within a period o£ twenty days following the re- quest for a hearing at a time and place set by the commission, a hearing shall be held for the presentation of evidence as to the propriety and/or reasonableness of the subject rent increase. Written notice of the time and place of the hear- inc shall be given to the parties thereto not less than fi°teen days prior to the hearinc. The notice shall be c ,_.. by personal delivery or by depositing in the United Stat°s mail directed to the addresses on Eile with the commission. A reasonable continuance, not [o exceed thirty days, may 'ce granted by stipulation of tha parties or at the disczeticn of the commission. 4. In the consideration of the reasonableness of a proposed rent increase, the commission shall consider al. relevant factors in determining whether such increase yields a just and reasonable return on the mobile home park owner's property, to include, but shall not be limited to the fol- lowing: a. Changes in the Consumer Price Index; b. The rent lawfully charged for comparable mobile home spaces in the city; c. The length of time since the last rent in- crease for the mobile home space or spaces in the subject park; d. The completion of any capital improvements or related rehabilitation work in the mobile home space or spaces apecif ied in the rent increase application, and the cost thereof, including in such items of coat materials, labor, construction interest, permit fees and other items as the commission deems appropriate; provided, however, e::ae 'r7-5 (Rialto 7/881 4.01.060 the cost of all capital improvements shall be billed separately from the "space rent" and that said billing shall cease when the cost of the improvement has been fully amortized; e. Changes in property tax or other taxes related to the subject mobile home park; f. Changes in the rent paid by the park owner for the lease on which the mobile home park is Located; g. Changes in the utility charges for the sub- ject mobile home park paid by the park owner, and the extent, if any, of reimbursement from the homeowners; h. Changes in reasonable operating and maintenance expenses; i. The need for repairs caused by circumstances other than ordinary wear and tear; j. The amount and quality of services provided by park owner to the affected homeowner; k. Any existing written lease lawfully enterer into between the park owner and the affected homeowner(s). G. At the hearing: 1. The parties may offer any testimony, documents, written declarations or other evidence that is relevant to the subject of the hearing. 2. The parties may have assistance in presenting evidence, or in setting forth by argument their position, from an attorney or such other person as may be designated by the parties; provided, however, that each party may have only one such spokesperson at the hearing. 3. In the event either the petitioner or the tack owner should fail to appear, the commission may hear aid review such evidence as may he presented and make such recisions as if both parties were present. 4. All testimony shall be taken and all docu- mentary evidence shall 6e submitted under penalty of per- jury according to the laws of the state of California. 5. The hearing need not be conducte3 according to the technical rules relating to evidence and witnesses, as apolicab le in courts of law. To be admissible, evidence shall be o£ the type on which responsible persons are accustomed to rely in the conduct of serious affairs. A full and fair hearing shall be accorded to the parties to the hearing. 6. The proceedings shall be tape recorded. Ar,y party who desires that the proceedings be recorded ste.^.o- graphically shall make arrangements with the city clerk at Least five days before the hearing. Any transc: itts prepared by a reporter at the party's request shall be at his or her expense, and the original she 11 be filed with the city clerk. If the party makes a requese for a trans- script of the tape recording at the time of or after the hearing, he or ahe shall make arrangements to cony the official tape recording with the city clerk. All extenses incurred for the transcript will be bo zne by the recuesting party. i%-6 (Rialto i/88) 4.01.070--4.01.090 7. Any person may be excluded during the hearing by the commission if that person is disruptive or otherwise interferes with the orderly conduct of the proceedings. H. The commission shall make a final decision upon the conclusion of the hearing. The written decision, in- cluding all applicable findings, shall be prepared by the city attorney and mailed to all parties within ten days after the conclusion of the hearing. I. All mobile home rent review commission hearings shall be open tc the public. J. Any decision of the commissicn must be supco rted by a preponderance of the evidence. K. The decision and findings of the coruniss ion shall be final and there shall be no right of appeal to the ci t•; council. L. It shall be unlawful for a rent increase to be assessed prior to a final decision havinc been rendered by the commission. The rent increase granted by the commission, iE any, shall then be made retroactive to the date noticed by the mobile home park owner. M. At the hearing the mobile home Dark owner shall have the burden of proof. Such burden shall be satisfied if the mobile home park owner proves his case by a pre- ponderance of the evidence. (Ord. 1006 (part), 1987). 4.01.070 Security deposits prohibi`ed. ~o securi b; deposit she 11 be required of any homeowner as a wnditior of either initial or continuing tenancy in the mobile heme park. (Ord. 1006 (part), 1987). 4.01.080 Reduction in services pro F.ibited. ~o mcbi:e- home park owner shall reduce ore iminate any se r•n_ce in a mobile home park or to any homeowner within any mobile home park unless and until a prcportionate share of the cost saviacs resulting from such reduction or elimination is passed on to the homeowner in the form of a decrease in rent. (OZd. 1006 (part!, 1987). 4.01.090 Petition by homeowners. A. The orincical association of any mobs a home Dark oz more than fifty teccent of the homeowners residing therein may petition the commission for the purpose of reviewinc the amount of rent currently being charged in the park or for any other purpose for which the commission has the power to act as set Forth in Section 4,01.080. Such a petition may be filed no more than once in any twelve-month period, except that upon a showing of good cause the commission shall ha•re the right to consider additional petitions. B. Such a hearing shall he conducted pursuant to the requirements as set forth in subsections E through M of 77-7 (Rialto 7/88) 4.01.100--4.01.110 Section 4.01.060, except that any references therein to "rent increase," "mobile home park owner" and "homeowner" shall be changed so as to reflect the intent of the sub iect petition. (Ord. 1006 (part), 1987). 4.01.100 Increase ucon sale or transfer. A. There shall he no increase in the space rent upon the sale or trans- fer of title to a mobile home dwelling unit in place, except upon reaching the anniversary date of that space. 8. No upward adjustment of rents shall be authorized bv_ reason of increased interest or the expense resulting from the mobile home park owner refinancing the mobile home nark if, at the time the owner refinanced, the owner could reasonah L,~ have foreseen that such increased expenses could not be cote red by the rent schedule in existence except where such refinancing is reasonable and is needed for the owner to make capital improvements. A park owner may negotiate with his principal association for a pass-through for capital costs. If agreement cannot be reached, request to the commission for review and mediation is allowed. C. No upward adjustment of rents shall be authorized by the commission because of the owner's increased or other e xper.ses resulting from a sale of the park if, at the time the owner acquired the park, the owner could have reasonably foreseen that such increased expenses would not be covered by the rent schedule then in effect. This section sF.all only apply to mobile home parks acquired after [he dais o' adoption of this chapter. D. The owner, ooerator or aanager shall provide the purchase: of a mobile home that will remain in the park •.: a copy of this chapter oriot to the execution of a rental aczeement with the purchaser for the space in said cask. (Ord. 1006 (part), 1987). 4.01.110 Violation--Penalty. A. Any homeowner acgrieved by the wilful violation of any of the provisio r.s of this chapter may sue thereon and recover actual damages therefor, plus a civil penalty as provided in this section. Any park owner or his agent who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the provisions of this chapter or any rule, requlat icn or order hereunder prcmul.ated, shall he iiable, as provided in this section, co the hcme- cwner from whom such payments are demanded, accepted, re- ceived or retained, for damages, as a civil penalty, in an amount of five hundred dollars or three times the amount by which the payment so demanded, accepted, received oz retained exceeds the maximum lawful space rent, whichever is the greater. The owner is also liable to the homeowner for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable at tcrnev's fees and costs as deternined by the court. 77-9 (Rialto 7/88) ,- 4.01.120--4.01.130 B. The fact of any wilful violation of this chapter may be used by the aggrieved homeowner as a defense to any action for unlawful detainer based on nonpayment of rent. C. Any wilful violation of this chapter shall be a misdemeanor and shall be punishable by a fine of not more than five hundred dollars. Each continuing day of violation shall be deemed to be a separate violation. (Ord. 1006 (part), 1987). 4.01.120 Termination. The provisions of this chapter shall cease to be in effect after four years from its effective date; provided, however, that the provisions of this chapter shall be remaining in £u11 force and effect thereafter for the purpose of maintain inq or defending any civil or criminal proceeding with respect to any right, liability or offense which may have arisen under the provisions of this cha oter during its operative period. (Ord. 1006 (Dart), 1997). 4.01.130 6eoarability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid, such oo rtion shall be deemed a separate, distinct and independent provision, .such de- cision shall not affect the validity of the remaining por- tions thereof. (Ord. 1006 (part), 1987), 77'9 (Rialto 7/88) CONCERNED PARENTS OF RANCHO CUCAMONGA Within the City of Rancno cueamonga we have 3 excellent high schools - Alta Loma High, Etiwanda High, end Rancno Cucamonga High (due to open Sept. 92). But are you aware that if you live below Devon Street your child will not be able to attend one of these schools? Your child will be bussed to Ontario to attend Chaffey Hiqh. All other residents of the City of Rancho Cucamonga are able to attend a high school within our own city. WHY CAN'T WE? A group of concerned parents of the City of Rancho Cucamonga is presently negotiating with Chaffey Joint Union Hiqh School District, the district that regulates all our area high schools, to have the boundary line changed so our children, too, will be granted the same opportunities and considerations already available to all other residents of Rancho Cuaamonga. Please take a few minutes to help us gather some information that will allow us to get our children what Se already available to the rest of the city. SURVEY QUESTIONS 1. Nero you aware that your child would not be permitted to attend one of the 3 high schools in the City of Rancho Cucamonga? T. If given the choice, would you prefer to have your child attend one of these 3 high sehoole? 7. would you like to eee the boundary line changed eo ALL Rancho Cucamonga students oould attend out own high sonoole7 4. What grade is each of your children currently in? 5. would you be willing to offer your support sometime in the near future Sf needed? This could be attending school board or other meetings to show support, getting petitions signed, writing letters, making phone calls, contacting other parents, etc.7 6. Would you like us to keep you informed of our efforts end any progress we make? NOTE TO SURVEYORS: - If person has children under school age, write number of chilflren in last box nt end of row. - If person has children ourrently in grades 9-11, please write number of cti ildren after lest box et end of row. - If person has pore than 1 child in the same grade, otter circling grade number, write number of ohildren above it. - If person hoe no opinion, put a big X through that Moak. ~ ~ AGENDA RANCHO C[7CAMONGA PARENT VOLUNTEER COMtII TTEE JANGARY 19, 1992 1.0 Response of information folder provided on January 6, 1992 meeting. 2.0 Statistics 3.0 Community Build Out q,0 community Identity 5.0 Mileage 6.0 Bussing 7.0 Open Discussion C~ CORRENT ENROLLMENT FOR THE ELENENTI~RY SCIIOOLS These are the figures of the current enrollment of students who reside in the 91730 zip code as of Dec. 19,1991. GRADE CUCAMONGA LOS AMIGOS THE ONTARIO CENTER 1 64 58 42 2 53 54 92 3 ~ 65 64 qg , 4 73 60 40 5 74 61 96 6 66 56 q6 TGTAL 395 353 264 GUASTI BERNT K 114 51 The accumulative enrollment for both 91730 and 91764 zi.p codes are as follows: CUCAMONGA LOS AMIGOS THE ONTARIO CENTER 418 526 615 GUASTI AERNT 162 9g ~ ~ CURRENT STATISTICS January 19, 1992 NUMBER OF STUDENTS GRADUATED FROM 91730 STUDENTS RANCHD CUCAMONGA MIDDLE SCHOOL ATTENDING CHAFFEY HIGH YEAR 1986 159 '~5jf•~$'9 ~~ ~ ~~ JI'".' SENIORS 97 YEAR 1989 161 ~~, 9~ ~O- ~ JUNIORS 74 YEAR 1990 143 9C-a~ ~y /-- SOPHOMORES 80 YEAR 1991 151 ~9l-%a- 1'3 FRESHMAN 99 TOTAL 614 . a./... ~ 'dJ ~/~~g c;{) ? TOTAL 300 These figures denote the minute number of students that would be transfezz ing to one of the three high schools 1n Rancho Cucamonga. PRESENT AT RANCHO CUCAMONGA MIDDLE SCHOOL 8TH GRADERS FROM 91730 RANCHO CUCAMONGA STANDS AT 159 0TH GRADERS FROM 91746 ONTARIO STANDS AT 37 7TH GRADERS FROM ?1730 FANCHO CUCAHONGA STANDS AT 120 7TH GRADF-RS FROM 91746 ONTARIO STANDS AT 63 PRESENT IN ELEMENTARY SCHOOLS 91730 STUDENTS K- 165 9TH 173 1ST 164 5TH 181 2ND 199 6TH 168 3RD 177 The above numbers of students from grades K thru Bth show the current number of students entexing high school Erom the 91730 area will stay consistent Sn the future. . ~ ~ ~ MILEAGE We strongly feel that the distance between home and school greatly affects our children's high school experience. In order fox our children to benefit from high school, they need to have access to their school and the ix teachers. The school buses run on a strict schedule, which do not allow the student any time before ox after school for access. We did a mileage check from our ne ighboxhood (Arrow Rt. and Fir St.) to three local high schools, and Chaffey High School. Chaffey High School is seven miles away. Alta Loma High School is three miles away. Rancho Cucamonga High School is four point five miles away. Etiwa nda High School is six point three miles away. PUBLIC TRANSPORTATION Public transportation has not proven to be a time efficient form of transportation. Trips from Rancho Cucamonga to Ontario can take as much as forty-five ml notes to one and a half hours. This includes, wa lung for transfers and routine bus stops. Safety is an Issue when students have to stand on corners waiting fox up to forty-five minutes fox the next bus transf ex to qet to ox from school. Summer school time becomes more difficult. This is from our own personal experience. ~ENEF tqg cess e a~ hay ho nd 4aYerta N .. stpaents a 1,oNy: andr c1°bsr 1 the beY`e{1ts p0,5 aYe a5 f~ Sp 94°Ytsr batlon g°mn`e i - to theft X19 aert 4aYt1o14W0tkr event 4YAQadem o ~ea]4 pi Sto sta11 cathlon tta he 1. °oR pe x eX Yeatb tUtOLSn9r `heYS f° ap tie14. 9 h°o1r t° tea er d Stadept access etst~l4r 9°idaeo FSte pe4t.r 2: °Jnge11a9~ 1 meptr Seadt pUt 4o11c t c4 ayept St+IO ~°o,Jement 1 ° bo5lpesse5 the t~sK o 34 ~ccNelcl,eaaeY;stan`Q Sof attaee5t°denteand the estVdent to Qecteased d m1~pa4 to th area a1~ONS a dl5astet. 5. accldest ¢to1 t~e1t 1OChorte f°>>ON Sn9 KnONSed9 het NaY 6, naVl9ate h1s/ x -. ~ ~ Study by; Volunteer Committee of Rancho Cucamonga: Eric S Margie 2uniga, Sue 6 Mike Weaver, Fred S Jackie Hunt, Glenda a Dan Day, and Pattie Krupnak. Inf ox mation source: Dr Sue Sundale CJUSD, student attendance at Chaffey High School. Information source: Dz Tenpenny, Cucamonga School District, student attendance of past graduates from RCMS and elementary schools. Information source: Rancho Cucamonga Middle School, present attendance to date. Inf ox mation source: Valley Vlev Continuation, at present 30 students from the 91730 area attending, 9 Seniors 17 Juniors 9 SoDhomoxes. Inf ox mation source: City of Rancho Cucamonga, Development Map. Anna Lisa, Planning Department. December 3, 1991 To: Chaftry Joint Union High School District, Superintendent and Hoard of Trustees. Chaftey Joint Union High $ChOU] District claims to have the utmost interest in our children. We ask why our children are being put at risk ? Is taking the Rancho Cucamonga student out o£ their city and away Erom community involvement in their best interest ? This action in itself is a negative message. we as parents and the K to B schools have built positive messages in our chi ldzen. Specifically, we have participated in community activities: such as Soccer, Little League, community centez activities. Elementary Schools, Junior Highs, Nigh Schools, in our city Cake pride in participating in community activates such as: The Founders Day Parade, ~: na pe Harvest Festival, Grapr_ Race, Ganq and Drug awareness, and nur Churches, ect. Will these students have interest when their city council holds board meetings tnvolving the Hlgh Schools within Rancho Cucamonga ? Many of us have been residents in Rancho Cucamonga for fifteen years nr more. we understood when there was only one High School, We understood why our area could not attend Etlwa nda High School. We do not understand, thaC by 3ept.1992 there will he three functional High Schools in the city of Rdnr ho Cucamonga, and our children cannot attend one of the throe. nur rd ul~ation system shout r7 prepare students with life 1onq cducation and community involvemenC skills. Young people need experience not only as how to achieve a good education, but also as citizens. Service pcograms expose them to the adult world and teach them the obligations of citizens 1n buildlny a more caring, compassionate, and competent society. As an element of learnlny, community Involvement and service is as important as schooling and work. We petition Chaffer Joint Union Hiqh School District to keen the utmost and highest interest in out students. We are requesting that school boundaries be reset so students who live in Rancho Cucamonga will be able to attend one of the three Hig}i Schools In their city. Thev are the future! Sincerely Concerned Parents of Rancho Cuca monga r_o mmittee: Eric s Margie Zuniga 989-9667 Sur. 5 Mike Weaver 994-8292 Fred a Jackie Hunt 987-0590 Glenda 5 Dan Day 987-9008 Pattie Kx•.ipnak 987-7743 Chaffey Hoard of Trustees ~ece._d~i~ lu, 1>yi Superintendent Smothers We would like to introduce ourselves as parents of Rancho Cucamonga Middle School who week realignment of the high school boundaries. We believe this to be in the best interest of our children. We would like to take time to thank Dean Smothers for meeting vith us on~.'December 3rd and also to applogize to him for the unsuspected amount of people who attended. It was not our intention to have Mr. Smothers inundated with questions that did not pertain to the discussion of the evening. We believe this meeting was successful by staying on track xith our topic of high school boundaries. The outcome of this meeting with Mr. Smothers was to create a parent committee. The goal of this committee is to produce reasonSwhy children attending Rancho Cucamonga Middle School should attend a high school in their city. The reasoning is so these children can associate them- selves with a school in their city and have the opportunity to participate in activities of that school without going out of their city to do it. In closing I would like to introduce to the Board of Trustees and Mr. Smothers our committee: Eric 6 Margie Zuniga (Absent) Sue 6 Hike Weaver Fred 6 Jackie Nunt Glenda 6 Dan Day Pattie Rrupnak We anticipate our next meeting vith Mr. Smothers on January 14th will produce a successful dialog betveen ourselves and Chaffey School Board. Thank You MEMO January 12, 1992 To: Mr_ Dean Smothers (Chaffey Joint Unified High School District) From: Fred Hunt (Rancho Cucamonga Parent Volunteer Committee for Assistance in the Establishment of Mutually Acceptable Hioh School Boundaries) Subject: Confirmation of meeting time and agenda for our January 14, 1992 meeting. we want to confirm that the meeting we have scheduled with you on Tuesday, January 14, 1992 is scheduled to begin at 7:00 P.M. We unders tantl that the meeting is to be held in the Board Room a[ the district offices (at Chaffey High School). For our part, attendance will be limited to Che five members of our committee and their alternates. This will give us a maximum attendance of 10 people. Unless things change between now and Tuesday, we expect e, of the 10 possible, to attend. We would like to know how many CJ UHS District representatives will be attending (so we can prepare the right number of Copies of hand-outs). Attached is an agenda we prepared far the meeting. We intend to present our findings, observations, and conclusions (to date) to you. If we are successful, you should leave the meeting con- vinced (as we are) that there are good, logical, Sound reasons for students who attend the Rancho Cucamonga Middle School, and live within the city boundaries, to attend high school within the city of Rancho Cucamonga; and that Chey can do so with minimal impact on the schools. We consider this a prerequisite to con- vincing the Board of Directors of the Chaffey Joint Unified High School District to restructure the boundaries of one, two, or all three of the high schools within the city of Rancho Cucamonga (to accommodate the previously mentioned Rancho Cucamonga Middle School students). As for your part of the meeting, we are only expecting two things: 1) Feedback from the CJUHSD Board (and you, if you are not considered an official member of the board) on the information packet we provided at the January 6, 1992 Board Meeting. This is item 1 of the Agenda. 2) Active discussion pertaini n9 to the information pre- sented and/or the goal of our committee. We are looking forward to Lhe subject meeting Thank you. 1 I AGENDA RANCHO CUCAMONGA PARENT VOLUNTEER COMMITTEE JANUARY 14, 1992 1,0 Response of information folder provided on January 6, 1992 meeting. 2.0 Statistics 3.0 Community Build Out q.0 Community Identity 5.0 Mileage 6.0 Bussing 7.0 Open Discussion CORRENT ENROLLMENT FOR TIIE ELEMENTARY SCHOOLS These are the figures of the current enrollment of students xho reside in the 91730 zip code as of Dec. 19,1991. GRADE CUCAMONGA LOS AMIGOS THE ONTARIO CENTER 1 64 58 42 2 53 54 42 ' 3 ~ 65 ~ 64 48 4 73 60 40 5 74 61 46 6 66 56 46 TOTAL 395 353 264 GUASTI BERNT K 114 51 The accumulative enrollment for both 91730 and 91764 zip codes are as follows: CUCAMONGA LOS AMIGOS THE ONTARIO CENTER 418 526 615 GUASTI BERNT 162 98 CURRENT STATISTICS January 14, 1992 NUMBER OF STUDENTS GRADUATED FROH 91730 STUDENTS RANCHO CUCAMONGA MS DDLE SCHOOL ATTENDING CHAFFEY HIGH YEAR 1988 159 SENSORS 97 YEAR 1989 lfil JUNIORS 7A YEAR 1990 143 SOPHOMORES 80 YEAR 1991 151 FRESHHAN 99 TOTAL 614 TOTAL 300 These figures denote the minute number of students that vnuld be transf er.r ing to one of the these hlyh schools in Rancho Cucamonya. PRESENT AT RANCHO CUCAMONGA Ht DDLE SCHOOL HTH GRAbERS FROM 91730 RANCHO CUCAMONGR STANDS AT 154 8TH GRADERS FROM 91769 ONTARIO STANDS A'P 3T '7TH GRADERS FROM 91730 RANCHO CUCAMDNGA STANDS AT 120 7TH GRADERS FftOH 91764 ONTARIO STANDS AT 63 PDESENT IN ELEMENTARY SCHOOLS 91730 STUDENTS H- 165 -0TH 173 1ST 164 5TH 181 2Np 149 6TH 168 3RD 177 The above numbers o£ students Irom grades K thru 8th show i the r_ureent number of students inter Sny high school from the 91730 area will stay consistent in the future, MILEAGE ~ We strongly feel that the distance between home and school greatly affects our children's high school experience. In order for out children to bene ESt fzom high school, they need to have access to their school and their teachers. The school buses run on a strict schedule, which do not allow the student any time before or aftez school Eor access. We did a mileage check from our neighborhood (Arrow Rt. and Fir St.) to three local high schools, and Chaffey High School. Chaffey High School Ss seven miles away. Alta Loma High School fs three miles away. Rancho Cucamonga Hlgh School is four point five miles away. Etiwa nda High School is six point thzee miles away. PUBLIC TRANSPORTATION Public transpor tatlon has not proven to be a time efficient form of tzansportation. Trips fzom Rancho Cucamonga to Ontario can take as much as forty-five minutes to one and a half hours. This Sncludes, waiting Eor tzansfezs and routine bus stops. Safety !s an Issue when students have to stand on corners waitlnq for up to forty-flue minutes for the next bus transfer to get to or from school. Summer school time becomes more difficult. This is Erom our own personal experience. BENEFITS The benefits of students and patents who have access to their high schools are as follows: 1. Student paztlcipation in sports, band, clubs, yearbook staff work, event preparation. Summer school, tutoring, Decathlon Academic Team. 2. Student access to teachers for extra help or counseling. 3. Parent involvement, leadership, guidance, and help. 4. Community involvement from our Police, Fire Dept., Civic leaders, and local businesses. 5. Decreased distance of tzavel reduces the risk of accident or mishap to the student and parents. 6. Knowledge of their local area allows the student to navigate his/hez way home following a disaster. ~, ~, t ~ Study bv: Volunteer Committee of Rancho Cucamonga: Ex is 6 Margie Zuni ga, Sue a Mike Meavez, Fred a Jackie Hunt, Glenda 6 Dan Day, and Pattie Krupnak. Infor matlon source: Dr Sue Sundale CJ US D, student attendance at ChafEey High School. Information source: Dr Tenpenny, Cucamonga School District, student attendance of past graduates from RCMS and elementary schools. Information source: Rancho Cucamonga Middle School, present attendance to date. Information source: Valley View Continuation, at present 30 students from the 91730 area attending; 9 Seniors 17 Juniors 4 Sophomores. Information source: City of Rancho Cucamonga, Development Map. Anna Lisa, Planning Department.