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1982/12/01 - Agenda Packet
C� CA.lip�, 1977 CITY Or RANEW CUC\iNIW'A CITY COUNCIL AGENDA, Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California December 1, 1983 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's Office receives all such items. 1. CALL TO ORDER A. Pledge of Allegiance to Flag. is B. Roll Call: Dahl_, Buquet_, Frost_, Schlosser_, and Mikels_ C. Approval of Minutes: September 15, 1982, October 6, 1982, October 20, 1982, and November 3, 1982. 2. ANNOUNCEMENTS A. Thursday, December 2, 1982, 7:00 p.m. - ADVISORY COtM1ISSION - Lions Park Community Center, 9161 Base Line Road. 3• CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non - controversial. They will be acted upon by the Council at one time without. discussion. A. Approval of 'Warrants, Register No. 82 -12 -1 in the not available at time of amount of $203,921.89. printing - forthcoming 10 City Council Agenda 2 December 1, 1982 • B. Alcoholic Beverage Application for Joe T. and Sharon Lee Davidson, Deane-3, 6108 San Bernardino Road, for On -Sale General Public Premises License. C. Alcoholic Beverage Application for Doris Renee Garduno, Renee's New Mexico Restaurant, 9671 Foothill Blvd, for On -Sale Beer S Wine Eating Place License. D. Alcoholic Beverage Application for Johnny R. Winters, J. W's Country Breakfast @ Tavern, 9134- 9136 Foothill Blvd., for On -Sale Beer 8 Wine Eating Place License. E. Request One Year Extension of Improvement Agreement for Tract 11350 submitted by Lesney Development. Located at the northwest corner of Base Line Road and Hermosa Avenue. RESOLUTION NO. 82 -200 A RESOLUTION OF THE CITY COUNCIL OF THE • CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11350. F. Approval of Subordination Agreement from Mr. W. Bonneville for a single family residence located at 5844 East Avenue. RESOLUTION NO. 82 -201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM MR. B. BONNEVILLE AND AUTHORIZING THE CITY CLERK TO SIGN THE SAME, G. Request by Community Services Department for Revised Level of Clerical Support. A request to upgrade a three - quarter, part -time clerk typist pos;.tion within the Community Services Department to a full -time clerk typist due to increased Departmental work volume. Funding to come from General Reserves, to become effective January 1, 1983. 1 6 9 11 12 City Council Agenda 3 December 1, 1982 • H. Set Public Hearing Date of December 15, 1982 for Environmental Assessment and Zone Change 82 -03 - Bidcal. A change of zone from R -1 (single family residential) to R -3 (multiple family residential) for 2.02 acres of land located on the west side of Archibald Avenue, north of Monte Vista Street -- APN 202- 131 -61 A 62. I. Approval of Conflict of Interest Code for Officers 14 and Employees of the Redevelopment Agency of the City of Rancho Cucamonga. The Redevelopment Agency on February 17, 1982 approved a conflict of interest code. It is now required that the City Council approve the action taken by the Redevelopment Agency. RESOLUTION NO. 82 -202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE FOR OFFICERS AND EMPLOYEES OF THE • REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA PURSUANT TO THE POLITICAL REFORM ACT OF 1974. 4. PUBLIC HEARINGS A. CONSIDERATION OF A MOBILE HOE RENT STABILIZATION ORDINANCE. Item was continued from November 3rd council meeting to the December let meeting. 15 B. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 31 81 -09 (TENTATIVE TRACT 11804 AND 11805) - ALLEN: A change of zone from R -1 (single family residential) and R -3 (multiple family residential /planned development) and the development of 76 condominium units on 11.03 acres of land at the northwest corner of Highland and Haven Avenue - APN 201 -262- 28, 30, 31, 37, 40. 0 City Council Agenda 4 December 1, 1982 • ORDINANCE NO. 186 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201- 262- 28,30,31,37 AND 40 LOCATED AT THE NORTHWEST CORNER OF HIGHLAND AND HAVEN AVENUES FROM R -1 AND R -3 TO R- 3 /P.D. C. ORDINANCE AMENDING CHAPTER 16.32 OF THE RANCHO 34 CUCAMONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND. Ordinance reflects State mandated changes resulting from Senate Bill 1785 authored by Senator Foran. ORDINANCE NO. 105 -B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 16.32 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND INCLUDING SAVINGS PROVISIONS. • �. CITY MANAGER'S STAFF REPORTS A. REPORT FROM TRAFFIC ADVISORY COMMITTEE REGARDING CROSSING GUARD REQUEST AT TURNER AVENUE AND 25TH STREET. Staff report by Lauren Wasserman. Recommendation: The Traffic Advisory Committee met on November 9, 1982 and recommends that a crossing guard not be approved for the location unless further observation by City staff indicates that the existing warning signs and crosswalks are inadequate. 39 B. ALTA LOMA CHANNEL ASSESSMENT DISTRICT Staff report 49 by Lloyd Hubbs. Consideration of recommendation to approve consulting contracts for design and development of an Assessment District to construct Alta Loma Channel from the North City limit to intersection with Hermosa Avenue. C. CONSIDERATION OF SRLF- FUNDING INSURANCE PLAN. Staff report by Harry Empey. 1 6. CITY ATTORNEY'S REPORTS City Council Agenda 7. COUNCIL BUSINESS A. CONSIDERATION OF A RESOLUTION ESTABLISHING A PARKS ADVISORT CGIWTTKE Staff report by Bill Holley RESOLUTION NO. 82 -203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PARK ADVISORY COMMITTEE TO ACT IN AN ADVISORY CAPACITY TO THE CITY COUNCIL ON MATTERS PERTAINING TO PARK AND RECREATION FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA. 8. ADJOURNMENT • I December 1, 1982 • COPY. ... ep.. APPLICATION FOR ALCOHOLIC IWERAGF LICENSE(S) To DF,evIoen, of .1,.kilie Pe.e,oq. Comrol IIISOSneal -;f5p jlygg•Gi. ^.O Soloame,to, Cold 95814 — Th. undangned h...6, P"fi., le. L.emu dnnrbed a, Neon: 1. TYPDSl OF LICENSE(5) PILE NO, 'si . I].mi—, ",L �..._,._.Z Applied sniff, See, 24044 ED,,,,,. Do,. JGO:.DCO REC I-T NO. _ CODE : >15 -Dose - -- limited T.mp. Perron ER<nrse Onm T NAMFS) OF APPLICANTS) u1sli3M, J0.1 std yLDMEL +-_ 0. TYPE(S) OF TPANSACTIONISI PEE LIC TYPE IL F.plorn o "YES' to rlem, 9 or 10 n an of -hmem wM1¢M1 that be deemed pest of this cippleat on Tsars -- — V. Applicam agree (ol [hot ony m ,agar employed in onmle Intoned IF—set wit? he all she g nLp,F, mr, of a Iu..... and Go Ibl Ibar he wAI n_olme m permn_1. be noloud any of the p_or tan of the Al.,L, Comrol A,, _0_e.erogf _ Saint a- rnfuji 1117/3. r IS STALE OF CALIFORNIA Cooney of Date CT -- i. Name al Into,,, Dual A _ _ _ — 5 Locallnn of Sminen -Nemba and Sin, 8103 Sm 4eraardim Rd. .. 11 APPLICANT " SIGN HERE Y --- L' /NO _ �� - -- - -- - APPLICATION Ban RANSFyFR�R� BYfC_tiJ LtC� ='1;,1 iS1Ti0 :1 ::I3L'J TOTAL IF i ,Oe Lm T =s sh,. ,t L3 —NQ23 C, B. Morbnq AcI (.f d _Rerem Irom 5)- Number and Sle., rt•n .•�. 9A51e oast. — g. Ha.e yon Fee, been fomraed of a leleny> 10. x you a fialvhd anY al the prm 1 al the Alcabofe v'he Ee.... ge Canbol Atl is regslalI no of steps, me r p<r Poison- the Aelt . IL F.plorn o "YES' to rlem, 9 or 10 n an of -hmem wM1¢M1 that be deemed pest of this cippleat on -- — V. Applicam agree (ol [hot ony m ,agar employed in onmle Intoned IF—set wit? he all she g nLp,F, mr, of a Iu..... and Ibl Ibar he wAI n_olme m permn_1. be noloud any of the p_or tan of the Al.,L, Comrol A,, _0_e.erogf _ Saint a- rnfuji 1117/3. r IS STALE OF CALIFORNIA Cooney of Date mr . y hn.. n w. I... .. v .. 11 APPLICANT " SIGN HERE Y L' /NO _ �� - -- - -- - APPLICATION Ban RANSFyFR�R� 5 STATE OF CALIFORNIA Cwnry el J ,... Pare 13-16- is w r,na .e e.e,i.. •. nt. on.r7 .,, 16 Nnm.nr of ber••r•.IP' Spin IsrpA` em of Pa ee(9 10 lit^ r Nn't," a ... _ _ ciry &CAw, Iq local Nsmb. 5 Cif C ""A -. and n.r and Ttp Cade e Y Coun ;lCil :M n:r,:�:5 .dDC.O ^_� ( ?A�_= '0%7:q =cxatvirq _a: _lay _L'r. ., _. _._ q,.._— .—.__— Do Vol n.or 114", This r.in.: FP, DPl....In m ro Onhr IOry llEZi1�116 An.,hed., r4e ... ded not, r` Ed ...... pnPal. CI COPIES MAILED I pC riM e`NR5Vd1'-0 1.� `J Mn.we6 fe. a�U o. ida 011t in 1is ' r i" R.<eiPl Na Il L, ,.mere nmi • COPY .w. ..... I_ ...... ... _ AMICAEION 101 ALCOHOLIC LEVERAGE EICENSHSI T. DI,,tmeel of Akebolk Leverage C<nlrol In, beWmoF Szrm,mlo. CoM 9NIR - .n n....... Th<vnd «ogn.d h... L, apple, I. Lama dumbed e, l.11on: 1. TYPE S) Cf LICENSF(S) TILE NO ._ _ Applie md. S c 244 RECEIPT NO GEOGRAPHICAL CODE pale Loved 1, NNAEIS) Of MPl14Ni(S) Temp Pomp <n:.. Del. ... ,...., ... 1 TYPES) Of TRANSACTIONS) FEE ETC, TYPE S A. rvome N f S, L -.1i.I ei &I e« -Numb« aM Se«I i.era A.: Crry end Zip Code C_., _3 YOTAL 3 SFe.r Type,f U[en R. M9d.n9 Addr<x lit d,flercnl /ram 5).-N«nber.M SFe.I w11P.w 9. Hon... ever been [an-w of a felony? 10 Nm<... enr <i <bnd I, of IM1< ga,niam .1 M< AkMef[ Serve.. Conlyd AIL el rpvklmm of H. Nperrm<n, qr. • ....... n. l 1- d m d Aa? on. 1 L E,plom a "YFS" o m, 9 er l0 en un una<nmem .xi<n ,nNl Ee deemed porl N �M1iI eppf.[ou 11. Applies I .11. , lel 16.1 e 1 m <na9.r employed o ,ol< L[e nd qe -H Far ell III. ..I,r Io n, of a LI end Ibl Ihaln6_JI nel �iol.l__m _ or per_n to b. nala_eIf 9nY_1 Ile poems H. Almh.b< Rb «o9e Cemrol Aa. 13 STATE Of CALIFORNIA C lY of p.ry IA. APPLICANT • n..:.. w +.r«. m n.. :l. n...b....u,w ... ....y.... <r ...w, n w.u.. n +.. In......w .. n..rn.. ��rn SIGN HERE APPLICATION RT TRANSFEROR S STATE Of CALIFORNIA Ceonly el Dpl. le Nnm <j ox...:... ...... ....�,., .. :.. o..C':.: :......1 .,,...r... ". ... ,.. _CITY OF RANCH Cp p:.1:.~:M.'.: — — . sere... ?_5:9nmvr<M nr l4<rm.l0 AOL /1NIS rj_lf� «L? AM IP. lomnon � - N:,mM1er and S0<eI f, oral Lp Code Caanry On Vol Ilrrer li rhir Liw: 11, 1)gnnmrnl l'o -- An.ch.d -' P.mrd.d nonce, Cl M1dn�eq paper,, f COPIES MutFD ' e .m.. "I.:. I fl RRmwel, /.. N Pad m ... OR'R. m .. RR,RiP1 N.. J -- - -- ---- _Fcn-rNLLFL_un_--- ____ —� x fCeuee'S lJFw CAeLWl, � I R�:.zi cc ��c5nlurbl \ �, A I 0L71 FocalILL YAV_&A aQ(A -mac !� _ rnlLI��NL - -, Fiiicl - A, a G P Cl-II � 31 �I 11 Clfjr(, <_ Flew Pr9�r.ico csl-AuJ?AN7 Is LoCFiiFU Or ✓��t Sour�wFSr eglC A�FiL nf- roeYr,�LL I�Lu� A/J L7 ii /Ze;41$FlLD iue AaslFceAjr TD �F2L' ° LiQum ?. 1 3a a of AMella, - ` • -Lu -cr ✓oPn i Cl_Gn,r CI)eJ e e -2 %' euerlAL IPLAa 5 (�ImMe/ZCAL I-kSAL,or � 7 0PP(LIIIES- LU / %t?P /17- f1�AJ /A1G n G e&k,/1 1� C 'PI-An) 8 J fAsr / C -Z Soul-{/ /17 -1 l aiw 1�ommnecl i(. tA-Sr 166r✓rM,'mC /f1L S�urF1/',�e_ra >.�n/Jl Z'liu's�f�C (,Ut ,7 �Ce/✓l/rllQCrrJL 0 lI II u COPY- APPLICATION FOR ALCOHOLIC YVOIAGE IICENSN51 (e: Deparlmmr of Al-Wiic Frereq. Control 121505heN tjo;L {IO2TSOT"�iOO S.00meme, C.M. 95811 Th..MNngned M1 6Y vppl:.r I.r fnnN. d.<..i ed m LR..n 1. TYPES) OF IICENSE(5) FILE NO, 41- 115 SAO.+ TIP, of 1—l' CM Ilmn+' -+ •• .'> ..� .1i:. i e.... Applied.eder SRI. 21U,l ❑ Efle< n D.r RECEIPT NO. GEOGRAPHICAL CODE " l Dom I +mM 2. NAMES) Or APNICANT(S) Temp Prmn ER¢nre Dnre .w,1. ' mfnip Ia IM1e Ant �.I:: SHSp JOEEEE6Y :C• ! 11. T — a "yF5" om.eao- +q or 10 on an ane<Fm.nr whmh tWl - deemed pon of IAi+ opplim 3 TYPE($) OF TRANSACTIONS) - -- 11 Apphnm agreo 1.111.1 ony manpv employed :n om el. Iil. —d premise+ +ill Fo.e all Ibe qua6fimueq of o Irtenv., and TEE IIC. TYPE : ea. Y9fr 13 STATE OF CALIFORNIA C..., 0 Dole C^ u -rte �sM w 4 ww�AN: �•Me.0 e. q.:... r M.r.e x- r nM:.. w :m.lrvx. i<: n+r rt. mnrx i ..r 1+ x.^er.x. er .M• m.Iywn..��: +�� �•m n. m. Y 4hFF + nn•. .+ +M M+•• M1 o..+nn APPLICANT 1APPLICANT 5d Si,.. �r����lYd. n&lz:O Ti.EUi>:3o safiltlnftmmd'rD TDTAI W.a] APPLICATION BY TRANSFEROR 11_1682 S. STATE OF CALIFORNIA CC—, y el wa[: dC29OKi..O Opre 16 N—W oI Uc-m.ld^_+r +•o...1T A9_n_reN10lu< wo 18 ll<en +e N.mberl) 'wi7T`:35p Jur ".My H. ,;l �41 -11 YJ31 19. Le<n:nA 1t 7DDD`.�1nln.r v.P,iF(er. AL::.:l:0 6uem: &1rA1A 111P.5 "I"") °iMGmMEIOnPIS.o r nn •w. Ev,n. R.mrp n... cIR.: rpr n.INrrm(RI r., oRTR 1 ARO(bed: (j 1m<mded nevi «. a ❑ Nd—.q [) COPIES MAILED • ev-. ,. I o R.rH+al: re. el red a uRO OOT9p3'd1O0 ORw. c/4 Ew.iyl N.. :....._ ! 6. N Plemiu+ u..n+ed. 431 (At 9134 Foothill 311d.) R..1. < 41- 115 SAO.+ TIP, of 1—l' CM Ilmn+' !. Madinq Addro< (if d,ft —, from 5)— Number end Slre.r iUlA�- { iTB 9. Na.e Yo. ever been mmined of a felony) 10 Hm. yeu lN of IM1e p ion+ nl rb. A of All. 1 ll l P, Comrol All or rpWariam of rAe Oepenmmr pen .w,1. ' mfnip Ia IM1e Ant • ! 11. T — a "yF5" om.eao- +q or 10 on an ane<Fm.nr whmh tWl - deemed pon of IAi+ opplim - -- 11 Apphnm agreo 1.111.1 ony manpv employed :n om el. Iil. —d premise+ +ill Fo.e all Ibe qua6fimueq of o Irtenv., and . rAal F. -11 r ....... _I permit Io be .:olered a .I 1A. pw.ue_n11A_e AhaAO4< Re. loge Conrrvl All _(br OM F.ATOt rI.:OO 11 -15iJ? 13 STATE OF CALIFORNIA C..., 0 Dole ry.. .. M . -rte �sM w 4 ww�AN: �•Me.0 e. q.:... r M.r.e x- r nM:.. w :m.lrvx. i<: n+r rt. mnrx i ..r 1+ x.^er.x. er .M• m.Iywn..��: +�� �•m n. m. Y 4hFF + nn•. .+ +M M+•• M1 o..+nn APPLICANT 1APPLICANT APPLICATION BY TRANSFEROR 11_1682 S. STATE OF CALIFORNIA CC—, y el wa[: dC29OKi..O Opre 16 N—W oI Uc-m.ld^_+r +•o...1T A9_n_reN10lu< wo 18 ll<en +e N.mberl) 'wi7T`:35p Jur ".My H. ,;l �41 -11 YJ31 19. Le<n:nA 1t 7DDD`.�1nln.r v.P,iF(er. AL::.:l:0 6uem: &1rA1A 111P.5 "I"") °iMGmMEIOnPIS.o r nn •w. Ev,n. R.mrp n... cIR.: rpr n.INrrm(RI r., oRTR 1 ARO(bed: (j 1m<mded nevi «. a ❑ Nd—.q [) COPIES MAILED • ev-. ,. I o R.rH+al: re. el red a uRO OOT9p3'd1O0 ORw. c/4 Ew.iyl N.. :....._ ! i ar �I Q. ✓AUIu� 0 4AA L J� I _I �.u1. CDuu-rV ?J207YTi r IS LoCA7fD N) -tlP 'LAe°ri /tue<_, -- OvPMOL of fccrNILL t&uti eAm Lloti1 STQeer- tulTfll /J -if9e b/1c�s,C =rLus ?LAI-Fl, JubSfc ���ortr 4' CAQ2exi b? rol�eC C -Z • �i:vlCe�tJr�YQo�INTiC� CuP- /llFUl�'i' tol.xcl e Ndl7f:' /i� -3 C::?el.XkA L -P✓ 4-1) a EAST / C-2 SnUM /,C -3 WeS 7- lAsT �CemmeRuAC `)OUT` MISIDOW7,i ✓:C /II-Z'1DUs111C. lufs,—A MmeeaAL L 0 • n Tmv nT n n XTOUn OTTO n TRnXTO n STAFF REPORT DATE: November 22, 1982 — I9 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: Request for Extension of Improvement Agreement for Tract 11350 submitted by Lesney Development Company Lesney Development Company has submitted an improvement agreement requesting a one year extension for the construction of off -site improvements for their project, Tract No. 11350. This project is located at the northwest corner of Base Line Road and Hermosa Ave. A Faithful Performance Bond in the amount of $420,000.00 and a Labor and Material Bond in the amount of $210,000.00 are on file in the City Clerk's office. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the Mayor and City Clerk to sign said extension agreement. Respectfully submitted, LBH: K•jaa Attachments (11 TR2C_ 11::G mla i m•a n { j /m m 21 ml mm mi mN mm ��� e i • lm o �mI �� �� m m m O 0 m lil:m Vrq i i ; CITY OF Is ANcl10 ciA'A\u>`c,` A LTRI ,�j _✓ F: \GI \P,PRI \G DIVISION �� VICINITY NIAP -' • RESOLUTION 110. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11350 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Extension Agreement executed on December 1, 1982 by Lesny Development Company as Developer, for the improvement of public right -of -way adjacent to real property specifically described therein, and generally located at the northwest corner of Base Line and Hermosa Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Extension Agreement and subject to the terms thereof, is to be done in Conjunction with the development of said real property referred to as Tract 11350; and WHEREAS, said Improvement Extension Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Rancho Cucamonga, California, that said Improvement Extension Agreement and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, and ADOPTED this 1st day of December, 1982. AYES: ROES: ABSENT: ATTEST: Lauren M. 'Wasserman, City ,sera ,� Jon 0. Mikels, ;layer 0 r_1 LJ 0 rrmv nc 1) AUrxrn rlrrAMONIGA _.,r,,.,.,- STAFF REPORT DATE: December 1, 1982 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer By: Barbara Krall, Engineering Technician SUBJECT: Approval of Subordination Agreement from Mr. W. Bonneville for a Single Family Residence located at 5844 East Avenue o% 'o n% �i r �� 1- F a z 1977 A Lien Agreement for the installation of standard street improvements at 5844 East Avenue was approved by City Council on February 11, 1982 and recorded as Document Number 82- 054480. In order for Mr. Bonneville to secure additional financing for the construction of a single family residence, the lender requires that the lien agreement be subordinate to a lien in favor of the lender. Mr. Bonneville has submitted the attached subordination agreement for City Council approval. RECO ?EMENDATION It is recommended that City Council adopt the attached resolution approving said subordination agreement and authorizing the Mayor and City Clerk to sign same. Respectfully submitted, �y- �u'�li✓���zu LBI I : DK : j as Attachments L-5;8-4 CITY OF R,\ \CI 10 ('.l'C; \NloN(;,\ e.., VICINITY �IAP • RESOLUTION 110. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SUBORDINATION FRON MR. BONNEVILLE AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME 'AHEREAS, a Real Property Improvement Contract and Lien Agreenent for the installation of Street Improvements adjacent to Parcel 1 of Parcel Map 3213 was approved by City Council on February 1, 1982 and recorded in San Bernardino County on March 19, 1982, Instrument No. 32- 054480; and WHEREAS, for the developer to secure financing for the project, the lender requires that the above - mentioned lien be subordinate to the lien in favor of the lender; and WHEREAS, the developer has submitted a Subordinate Agreement to that effect for the City's approval and execution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, 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. . PASSED, APPROVED, and ADOPTED this 1st day of December, 1982. AYES: NOES: ABSENT: ATTEST: Lauren 1. ',4asserman, City Clerk .ion 0. Iiikels, Mayor 11 Ob Date: To: From: CITY OF RANCHO CUCAMONGA CuCAXf%L MEMORANDUM , m November 22, 1982 I v �Z a City Council and City Manager 1971 Bill Holley, Director, Community Servaces Department Subject: Request by Community Services Department for Revised Level of Clerical Support. The 1982 -83 Program of Services for the City of Rancho Cucamonga, includes a three - quarter time clerical position within the budget for the Community Services Department. Community Services requests that this be adjusted to a full time Clerk Typist position effective January 1, 1983. Factors Prompting Necessity for Revision 1. Increased Park Development activity. More logistical support is required for increased number of projects coming on line, such as the Corps project, Heritage Park, RCNC Expansion Project (CDBG /HUD), Church Street Park, Terra Vista Parks, Victoria Parks, Flood Control Parks (Red Hill Basin and Alta Loma Basins), and new opportunities as they present themselves. The required behind the scenes work on each of these projects is very extensive. Correspondence, accurate record retention, and the general ability to insure that seemingly minor processing items are not over- looked through a shortage of applied human resources is critical to a successful operation. 2. Increased volume of recreation class support (43% increase in public registration for activities from Summer 181 to Summer 182). This support activity requires more time be dedicated to the registration process; client inquiries; instructor inquiries and processing; and, record maintenance. 3. Increased Departmental responsibilities connected with support of the Park Advisory Committee. This will require gathering, preparing, and distributing material in support of the PAC, such as agendas, staff reports, minutes, and post meeting action, such as preparing reports on PAC activity for City Council. 4. Increased volume of general client contact. As the City continues to increase in population, so increases the level of citizens requesting services or information over the counter or by telephone. S. Need to have available resource time to continue development of Disaster Plan. continued ... n w Fiscal Impact Current Position . . . . . . . . . . . . . . . . . . . . . Part Time Clerk, • Three- quarter time Current Range . . . . . . . . . . . . . . . . . . . . . . 206 - 246 Current Step . . . . . . . . . . . . . . . . . . . . . . . 246 Current Budget . . . . . . . . . . . . . . . . . . . . . . $ 8,728 (Annual) Overhead /Benefit . . . . . . . . . . . . . . . . . . . . . $ -0- Requested Position . . . . . . . . . . . . . . . . . . . . Clerk Typist Range . . . . . . . . . . . . . . . . . . . . . . . . . . 206 - 246 Projected Step . . . . . . . . . . . . . . . . . . . . . 246 (no change) Projected Revised Budget . . . . . . . . . . . . . . . . $11,450 Overhead /Benefit . . . . . . . . . . . . . . . . . . . . $ 2,378 Total Position Cost . . . . . . . . . . . . . . . . . . . $13,828 Toral Dollar Increase . . . . . . . . . . . . . . . . . . $ 5,100 Source of budget increase: General Fund Reserves F_ 1 L J Staff Comment: No one factor alone cited in the listing above is justification for increased personnel resources . it is only the aggregate of the increase in functional responsibilities when viewed collectively that clearly demonstrates the justification of the request. Community Services has been conducting a 'juggling act' for some time now, trying to keep all the many issues in the air simultaneously. So far we have been successful. With the previously described increases in activity that has occurred, and major new responsibilities close at hand, it may be only a matter of time before an item inadvertently falls out or is missed without an increase if staffing. Staff Recommendation: Request that Council authorize the addition of a full time Clerk Typist to the Community Services Department, the funding of which shall come from General Reserves, effective January 1, 1983, in lieu of the three - quarter part - time clerical position currently shown in the 1982 -83 Rancho Cucamonga Program of Services. 011 /mw • LAW OfFMCE -1 BEST. BEST 6 KRIEGER October 28, 1982 C1Ty t3F gAisi,HD CUCAnOIVGA MEMORANDUM A9MIN't r' �v PU MA TO; MAYOR, CITY COUNCIL, CITY MANAGE1CtW "il2j3j�IJIG I� ATTORNEY '� 3 FROM: REDEVELOPMENT AGENCY COUNSEL RE: FORMAL APPROVAL OF CONFLICT OF INTEREST CODE FOR OFFICERS AND EMPLOYEES OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA Attached is a resolution which formally adopts the Conflict of Interest Code previously approved by you as members of the Redevelopment Agency for the officers and • employees of the Redevelopment Agency. City Council approval of the previously adopted code is required because the Political Reform Act of 1974 technically designates the City Council of the City of Rancho Cucamonga as the code reviewing body for the Redevelopment Agency. This is similar to the code reviewing relationship between the FPPC and the City Council with respect to its Conflict of Interest Code, Adoption of the attached resolution is a legal formality and will not require any additional disclosures on the part of the City Council or Redevelop- . ment Agency members. JOHN E. BROWN U3 • RESOLUTION NO. lJ A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AI)OPTING A CONFLICT OF INTEREST CODE FOR OFFICERS AND EMPLOYEES OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California has enacted the Po.'.itical Reform Act of 1974, which requires all city agencies to adopt and promulgate a Conflict of Interest Code pursuant to sections 87300 et seg_ of the California Government Code; and WHEREAS, recent activation of the Redevelopment Agency of the City of Rancho Cucamonga ( "Agency ") required Agency to adopt a proposed Conflict of Interest Code for its officers and employees; and WHEREAS, notice of the time and place of a public hearing on and of consideration by the Agency of its pro- posed Conflict of Interest Code was duly given; and WHEREAS, a public hearing was held upon the pro- posed Conflict of Interest Code at aregular meeting of the Agency on Wednesday, February 17, 1982, at which all present were given an opportunity to be heard on the proposed conflict of interest code; and WHEREAS, by its adoption of Resolution No. RA 82- on February 17, 1982, the Agency adopted by reference the standard model Conflict of Interest Code approved by regulation of the California Fair Political Practices Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA. DOES RESOLVE AS FOLLOWS: 1. The City Council does hereby approve the proposed Conflict of Interest Code for the Redevelopment Agency of the City of Rancho Cucamonga. 2. A copy of the Agency's Conflict of Interest Code is on file with the City Clerk and is available for inspection by the public. 3. The City Manager shall distribute to each • newly designated officer or employee a copy of the Agency's Conflict of Interest Code. PASSED, APPROVED AND ADOPTED this day of November. 1982. AYES: NOES: ABSENT: Phillip -chlosser, Mayor ATTEST: Lauren M, Wasserman, City Clerk • • -2- • CONFLICT OF INTEREST CODE OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA The Redevelopment Agency of the City of Rancho Cucamonga hereby submits the attached proposed Conflict of Interest Code to the City Counci: of the City of Rancho Cucamonga. Executive Director Received on behalf of the City Council of the City of Rancho Cucamonga. • Date: November, 1982 City Manager The following Conflict of Interest Code, having been submitted by the Redevelopment Agency of the City of Rancho Cucamonga, was approved by order of the City Council of the City of Rancho Cucamonga on November _, 1982. City Clerk o,. the City Rancho Cucamonga, California • RESOLUTION NO, RA82 -1 -1 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING BY REFERENCE THE FAIR POLITICAL PRACTICES COM14ISSION'S STANDARD MODEL CON- FLICT OF INTEREST CODE AND DISCLOSURE CATE- GORIES FOR DESIGNATED EMPLOYEES AND OFFICIALS. WHEREAS, the Legislature of the State of California has enacted the Political Reform Act of 1974 (Government Code Sections 81000, et seq.), which requires all city agencies to adopt and promulgate proposed Conflict of Interest Codes for submission to the City Council of the Citv of Rancho Cucamonga pursuant to California Government Code Sections 87303 and 82011; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hear- ings conducted by the Fair Political Practices Commission • pursuant to the Administrative Procedure Act, Government Code Section 11370, et seq.; and 0 WHEREAS, incorporation by reference of the terms of the aforementioned regulation and amendments to it as the proposed Conflict of Interest Code of the Redevelop- ment Agency of the City of Rancho Cucamonga ( "Agency ") will save the Agency time and money by minimizing the actions required of this body to keep its Code in conformity with the Political Reform Act of 1974. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DOES RESOLVE AS FOLLOWS: 1. The terms of 2 Cal. Adm. Code Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by refer- ence and constitute the Conflict of Interest Code on the Redevelopment Agency of the City of Rancho Cucamonga and the employees and officers of the following sub - departments: i (a) Community Development Department, • (b) Finance Department, (c) City Clerk's Department. 2. Those officers and employees holding the designated positions set forth in Appendix A shall file ste..Lements of economic interests pursuant to Section 4(A) of the Conflict of Interest Code. PASSED, APPROVED, and ADOPTED this 17th day of February 1982. AYES: Frost, Mikels, Palombo, Bridge, and Schlosser NOES: None ABSENT: None 1Q • • • APPENDIX TO RESOLUTION NO. RA82 -1 -1 • • Chairman and Redevelopment Agency member Executive Director Director of Community Development Finance Director City Engineer Building Official Principal Planner Senior Planner Associate Planner Senior Engineer Public Works Engineer n T y _J • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.10 OF THE RANCHO CUCAn10NGA MUNICIPAL CODE RELATING TO IUOBILEHOME PARK RENT STABILIZATION The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Chapter 8,10 of the Rancho Cucamonga Municipal Code is herebv amended to read as follows: Sections: "Chapter 8.10 MOBILEHOME PARK RENT STABILIZATION 8.10.010 Purpose and Intent. 8.10.020 Definitions. 8.10.030 Exemptions. 8.10.040 Rent Stabilization board. 8.10.050 Maximum rent. 8.10.060 Adjustments • 8.10.070 Notice of filing petition. 8.10.080 Opposition. 8.10.090 ;Ion- contested determination. 8.10.100 Contested hearings. 8.10.110 Guidelines 8.10.120 Administrative Costs 8.10.130 Agreements. 8.10.140 Maximum rent. 8.10.150 Enforceability. 8.10.160 Limitation of action. 8.10.170 'Termination 8.10.180 Retaliation 8.10.010 Purpose and Intent.There exists in the (,fly of Rancho Cucamonga a serious shortngc of mobilehome sites available for rent. Because of this shortage there is a low vacancy rate. Because of the high cost of moving mobilchomes, the potential for damage resulting therefrom, the requirements relating to the installation of mobilehoines, includim, permits, lmidl cuomg lard site prcpnrntion, the lack of alternative home sites for mobilehome residences, and the substantial investment of mobilehome owners in such homes, there exists a virtual monopoly in the rental of mobilelmmc park spaces. 'Phis creates a situation where mobilehome park owners have the ability to explou mota Ahonre park tenants by imposing unreasonable rent increases. Therefore. the City Council finds and (lectures it necessary to protect mobilehome park tenants froin unrvasnmrble rent increases, while at the same time recognizing a just and reosury blu return on their property and rental income sufficient to cover increases in the cost of repairs, nraintonuneo, insunurcc, employee services, additional amenities, and operation. 8.10.020 Definitions. The following definitions shall govern the construction r , of this chapter: • A. "Management" is the owner of a mobilehome park or an agent or representative authorized to act on the owner's behalf in connection with matters relating to a tenancy in the park. B. "Mobilehome" is a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. 'Mobilehome does not include a recreational vehicle, commercial coach, or factory -built housing, as defined in Section 19971 of the California Health and Safety Code. C. "lobilehome park" is an area of land where two or more sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation. D. "Park" is a mobilehome park. E. "Rent" is any consideration demanded or received by management in connection with the tenancy of a mobilehome site. P. "Rental agreement" is an agreement between the management and a tenant establishing the terms and conditions of a tenancy. A lease is a rental agreement. G. "Rent schedule" is a statement of the rent charged for each mobilehome site in a mobilehome park. H. An "Effective rent schedule" or an "approved rent schedule" is a schedule • that fins been filed by the city manager pursuant to Section 8.10.050 or approved by the rent stabilizatin board pursuant to Section 8.10.060 and that approval has become final. I. "Services" means those facilities which enhance the use of the mobiMlome site, including, but not limited to, repairs, replacements, maintenance, water, utilities, security devices, security patrols, storage, bath and laundry facilities and privileges, janitorial services, refuse removal and recreational and other facilities in common areas of the mobilehome park. "Services" does not include charges for interest, depreciation, amortization, financing or refinancing of the mobilehome park. J. "Tenancy" is the right of a tenant to the use of a site within the mu::ilchome park on which to locate, maintain and occupy a mobilehome, site improvements and accessory structures, including the use of the services and facilties of the park. H. "Tenant" is an occupant of a mobilelwme in a mobilehome park, who is rusponsiblc for paying runt W m uingement. L. "Representative ". In the event that a petition is filed by more than one tenant, they shall designate one (1) of them to be their representative. �l. The "hearing officer" shall be appointed by the city council. The hearing officer shall be knowledgeable in the rules of evidence. 'rhe hearing officer shall be impartial and it shall be his duty to conduct an evidentiary hearing pursuant to the provisions of this chapter to obtain evidence from the pnrtics that he deems necessary to • nnake his reco an mendn t ions, and to make recommendations for findings and determinations to the rent stabilization board. r, • N. '"rhe rent stabilization board" shall be that board appointed pursuant to Section 8.10.040(A). 0. The "July 1, 1982 rent" for a mobilehome site is the rent in fact charged for such site on July 1, 1982 if such site was occupied on that date. For any mobilehome site which was not occupied on Julv 1, 1982 rent shall be the average of the July 1, 1982 rents of all mobilehome sites within the affected mobilehome park which were occupied on that date. P. Consumer Price index ( "C.P.f. ") is the Los Angeles -Long Beach - Anaheim Metropolitan Area Consumer Price Index for all urban consumers as reported by the U.S. Bureau of Labor Statistics. Q. "Ratio of change in the Consumer Price Index ", as used in this ordinance for a fiscal year (July 1 to June 30) shall equal the Consumer Price Index issued in the immediateiv preceding May divided by the Consumer Price Index as of July 1, 1982 (which was 289.3), less 1, or: / Etio to =k P.I. for the immediately preceding May -1 289.3 R. A "contested hearing" is a hearing which results from a petition for adjustment which is filed pursuant to Section 8.10.060 to which an opposition has been filed pursuant to Section 8.10.080. 8.10.030 Exemptions. The provisions of this chapter shall not apply to the . following tenancies in mobilehome parks located in the City: A. Mobilehome sites rented out for non - residential uses; 13. Mobilehome sites which are first occupied after July 1, 1982; Mobilehome sites which a government agency owns, manages or operates; U. Tenancies which do not exceed an occupancy of three months and do not contemplate on occupancy of more than three months; E. Tenancies for which any federal or state law or regulation specifically prohibits rent regulation. 8.10.0,10 Rent stabilizntion hour(] A. Members. 'there . shall be in the city a rent stubilization board. hernina (ter c:dled "Rent Stnbi h za t ion 13oard". Such board shall consist of three (3) rc; {ulor monibers unit two (2) alternate membors, all of whom shall ho appointed by the eltV council. An altel'nilte shall sit when a regular member is absent or disqualified. II. Compensation. No member will be compensated for his or her services, but the city simll r7ii burse members for their reasonable expenses of attending ntecUm ;s. ® C. Powers. The rent stubilizatiun board is empowered to approve, set and i nrJjusl the rent scheoule and maximum rents for mobilehome tenancies in the city in r. � accordance with this chapter. • D. Terms. Each member shall be appointed for a term of two years, provided, however, that a member may be removed at any time by a four - fifths (4/5) vote of the city council. E. Rules and Regulations. The City Council may by resolution approve rules and regulations for proceedings before the rent stabilization board. F. (quorum. Two members shall constitute a quorum of the rent stabilization board and two affirmative votes shall be required for any order, decision or ruling. 8.10.050 Maximum Rent. A. Initial Effective Rent Schedule. Within thirty (30) days after the effective date of this ordinance, management of each mobilehome park in the City shall file with the City Manager a schedule setting forth the July 1, 1982 rent for each mobilehome site in such mobilehome park. Said schedule shall be verified. The City lJanager may make any investigation he deems necessary of appropriate to satisfy himself of the accuracy of the information shown on such schedule. If the City -Manger accepts such schedule as accurate, he shall endorse the same as accepted and such schodule shall become the "effective rent schedule" for the ;subject mobilehome park for the fiscal year commencing July 1, 1982. If the City ;Hanger determines that the schedule filed by management is not accurate, or if management does not file the schedule referred to hereinabove within the time period above stated, the City Manager may • determine the effective rent schedule of the July 1, 1982 rents for the affected mobilehome park based upon all information received by the City Manager including information provided by the tenants. Except as otherwise expressly provided in this chapter, the maximum rent for each mobilehome site that management of a mobilehome parl< shall be permited to charge for the fiscal year beginning July 1, 1982 shall be asset forth in an effective rent schedule determined in accordance with the provisions of this paragraph. R. Calculation of Maximum Rent. Except as otherwise expressly provided in this chapter, the rnaximo�n rent for each mobilehome site that management of a mooilchomc park shall be permitted to charge during subsequent fiscal years shall be as set forte, in an effective rent schedule determined as follows: The maximum rent shall be calculated annually and shall be the sum of the following: 1. The July 1982 rent; and 2. The July I, 1982 rent times the ratio of change in the Consumer Price Index (C.P.I.) C. Fffective Rent Schedule. Annually and as soon as practical after the release of the C.I',I or Slay of ench year and using the July 1, 1982 rent schedule refcrrcd to in Paragraph A of this section for each inobilchome park, the City Manager alwll nukc the calculations for each mobilehome park, as provided by Paragraph IS of this • section, and shall file the same in the city clerk's office as a rent schedule and mail u copy of the applicable rent schedule to the management of each mobilehome park, specifying the maximum rent for each mobilehome site. 'rile rent schedule, if filed before July 1 of that year shall become effective as of July 1 of that year or, of not filed until Ater July 1, shall become effective as of filing. 8.10.060 Adjustments. A. Management Adjustment. The maximum rents provided by Section 8.10.050 are intended to provide for a just and reasonable return to management in all foreseeable cases. In the event that management of any mobilehome park contends that the total of maximum rents as provided by Section 8.10.050 will not provide a just and reasonable - eturn, management shall file with the rent stabilization board a verified petition showing that the strict application of Section 8.10.050 prevents a just and reasonable return to management and request for an adjustment of the rent schedule up to a just and reasonable return for that mobilehome park. Int he event that the rent stabilization board finds the strict application of Section 8.10.050 does not allow for a just and reasonable return, then notwithstanding Section 8.10.050, it may adopt an adjustment to the effective rent schedule up to that required for a just and reasonable return, pursuant to procedures set forth in this chapter. B. Tenant Adjustment. Any tenant may petition the rent stabilization board to reduce the maximum rents in the event that management has reduced or limited any service to a tenant (including any change in policy with respect to children or pets), or the tenants of the mobilehome park as a whole, that were in effect July 1, 1982. Such petition shall be verified. The amount of the reduction shall be the cost savings to management resulting from such reduction or elimination of services. In the event that the rent stabilization board finds that there has been a reduction or • elimination of service to the tenant or tenants from and after July 1, 1982, then notwithstanding Section 8.10.050, it may adopt an adjustment to the effective rent schedule to decrease the amount of the maximum rent allowable in an amount equal to management's savings by the reduction of or elimination of such service. C. Cross Adjustment. In the event that a petition for an adjustment is filed pursuant to this Section 8.10.060, the rent stabilization board may make adjustments in accordance with both Paragraphs A and B of this Section 8.10.060 that are brought out in the hearing and in consideration of the petition. In the event that any adjustment shall be made pursuant to this Paragraph C to this Section 8.10.060, such adjustment shall not reduce the maximum allowable rent below a just and reasonable return under all the facts. D. Conditions of Adiustment. In the event that the rent stabilization board shall determine that any adjustment shall be made pursuant to this Section 8.10.000 then, in that event, the rent stabilization board may impose conditions to the adjustment and, where appropriate„ may limit the period of time of such adju,tinent. Should an adjustment be made pursmutt to this Section 8.10.060, the rent stnbilir.ution Ward shall adopt a new effective rent senomdo for the mobilehome park giving effect to such adjustment. 8.10.0711 Notice of filing petition. A. In the event that a petition is filed pursuant to Paragraph A of Section 8.IU.060, management shall serve a notice of the filing of the same, and n copy of the petition on each tenant within the mobilehome park. Such notice and petition may either be personally served or mailed to the host known address of each tenant. B. In the event that a petition is filed pursuant to Paragraph B of Y; . Section 8.10.060, the City Manger shall promptly mail notice thereof, and a copy of the petition, to the owners of said mobilehome park at their last known address. If the last • known address of the owners of the mobilehome park are not known, he may mail the same to the address of the owners(s) of the mobilehome park as shown on the last equalized assessment roll. C. Proof of service of said notices and of copies of said petitions shall be filed with the city clerk. No petition shall be considered as filed until such proof of service is filed with the city clerk. 8.10.080 Opposition. Any tenant of an affected mobilehome park may oppose a petition of management under Paragraph A of Section 8.10.060 and management of an affected mobilehome park may oppose any petition of a tenant under Paragraph B of Section 3.10.060. Such opposition shall be in writing and shall be filed with the city clerk and served upon the petitioner not more than thirty (30) days after the date of filing the proof of service referred to in Paragraph C of Section 8.10.070. Proof of service of the opposition shall also be filed with the city clerk. 8.10.090 Non - Contested determination. In the event that no opposition is filed pursuant to Section 8.10.080, the rent stabilization board may hear and consider the matter based solely upon the facts set forth in the verified petition, or may refer thje matter to a hearing officer for a recommendation and report as hereinafter provided for contested hearings. 8.10.100 Contested hearings. A. In the event that any petition is filed pursuant to Section • 8.10.060 proposing an adjustment which shall be contested by the filing of an opposition, the rent stabilization board shall direct that a hearing be held on the contested matter. The rent stabilization board may hold an evidentiary hearing itself on contested petitions, if the chairperson determines that there are few disputed factual issues and that the matter is capable of being decided after a brief hearing. Otherwise, the rent stabilization board shall order the matter referred to a hearing officer, as hereinafter provided, to hear the evidence and prepare proposed fndings of fact and a recommended decision. B. The rent stabilization board shall deny the petition unless the petitioner proves by a preponderance of the evidence that either: 1. The maximum rent will not provide for a just and reasonable return; or 2.That services to tenants have been reduced from that of July 1, 1982 C. The rent stablization board and its hearing officer shall promptly consider and decide all petitions filed pursuant to Section 8.10.060. The the extent possible matters shall be considered and decided in the order filed, U. The party filing any petition requiring affirmative action by the board 01111 deposit with the city clerk all estimated costs to the city (as estimated by the city clerk), including without limitation, the cost of the meeting of the rent stabilization bo:rd, the full cost of conducting the hearings as herein provided, the cost of the hearing • officer and the coat of the preparation of tiny record. Should the funds so deposited exr.ced the city's costs, any excess shall be refunded to the person so depositing the same. The city clerk may require, at any time during the proceeding, an additional • deposit to cover costs not covered by the initial deposit as a condition of continuing with the proceeding. Should such depo5:ts not be made within five (5) days after demand, the petition shall be deemed withdrawn and the proceeding terminated. E. The hearing officer shall consider all relevant evidence presented at such hearing and may require additional evidence to be presented by the petitioner or the opposing party(s) in order to determine what adjustments, if any, should be made. F. For any contested hearing, if there is more than one party on a side, the hearing officer may require the parties on one side to designate a representative to receive service of notices, papers and documents with respect to the same, and after such designation, the service on the representative so designated shall be deemed to be service on all parties on that side. G. in the event of any contested hearing, the City Manager shall mail each tenant in the affected mobilehome park a notice of the time and place of the commencement of the hearing and of the possible effect upon his or her rent. Said tenants shall be given an opportunity to be heard at the contested hearing. No further notice shall be required to be given under this chapter for any continuances of the hearing. H. All meetings and hearings of the rent stabilization board shall be open to the public and notice thereof given as required by law. Meetings shall be held as nocessary to hear and decide peititions. Hearings before the hearing officer shall be open to ibe public upon the request of a party, but no notice thereof need be given, 1. The City Manger shall notify the petitioning party of the filing of an opposition on receipt thereof and as soon as possible thereafter shall notify both parties of the time, date and place of hearing. J. Upon receipt of a petition pursuant to this chapter, the rent stabilization board, unless it conducts the hearing itself under Paragraph A of this section, shall refer the opposition and the petition to a hearing officer who shall conduct nn evidentiary hearing upon the petition. At the evidentiary hearing, the hearing officer shall take all evidence and may require any party to the proceedings to provide him with pertinent books, records, papers, etc. In furtherance of this power, the hearing officer may request the city council to issue a subpoena for the same if they are not voluntarily produced, or he may take a refusal to produce the same as evidence that such evidence, if produced, would be adverse to the party refusing to produce the same. K. The management may substitute for any books, records and fuuwrs, it certified audit by an independent certified public accountant using generally accepter) accounting principles consistontly applied or a verified statement un:ler oath by :m independent certified public accountant of what the information sought from such books, records and papers consist of. Notwithstanding this Paragraph K, the, hearing officer may require production of the books, records and papers. L. The hearing officer shall rule upon the admissibility of all evidence ;it the evidentiary hearing and shall have the power and authority to conduct tile, evidentiary hearing in all respects. ® \1. The hcurin, officer shall keep detailed notes of the evidence i produced and an electronic recording of all of the testimony presented at the evidentiary hearing. N. The evidence presented at the evidentiary hearing shall • constitute the exclusive record for the decision on the issues involved. O. Within fifteen (I5) days after the conclusion of the evidentiary hearlm;, the hearing officer shall prepare a summary of all testimony and evidence admitted at the evidentiary hearing, a statement of all materials officially noticed and prepare proposed findings of fact and a recommended decision to the rent stabilization board, and shall submit the same to the rent stabilization board, along with copies of all documentary evidence received. Copies of the hearing officer's summary, matters officially noticed and proposed findings and recommendation for decison shall be mailed to all parties participating in the hearing. The hearing officer's proposed findings and recommended decision shall become the final findings and decision of the rent stabilization board within fifteen days after the filing of the same with the clerk for the rent stabilization board (i.e., the city clerk) without further action of the board unless any party participating in the hearing shall file a petition to review the hearing officer's proposed findings and determination with the clerk of the rent stabilization board. P. Upon receipt of the hearing officer's summary, proposed findings, official noticed material and recommendations, and the documentary evidence admitted in the proceedings and a petition to review filed pursuant to Paragraph O of this section, the rent stabilization board shall hear arguments by the parties based upon the material suumitted to it by the hearing officer. Any party at a proceeding may also have prepared, at the party's expense, a transcript of the hearing to be presented to the rent stabilization board. No further evidence shall be permitted at the hearing before the rent stabilization board. Q. 1. After the conclusion of the hearing on the proposed • findings and recommended decision of its hearing officer before the rent stabilization board pursuant to Paragraph P of this section, the board shall within thirty days after the date of hearing: a. Accept and confirm the recommendations of the hearing officer and adopt his findings and recommendations ; or b. Amend the findings and recd in menda [ions of the hearing officer; or C. Send the matter back to the hearing officer for further hearings on the issue pursuant to any instructions provided by the rent stabilization board. 2. Upon issuing the findings of fact, pursuant to Subparagraphs I(a) or I(b) of this Paragraph Q, the rent stabilization board shall render its final decision. 11. Any order of the rent stabilization board shall, unless otherwise specified in its final deci.;ion, be effective as of the date thirty days after the filing of the petition for adjustment. • �� r;i S. Any party to a hearing may be assisted by attorneys of the . party's choice. T. No member of the rent stablization board may participate in the bearing or decision concerning a mobilehome park in which he resides or has a financial or mangement interest. U. The rent stabilization board shall keep minutes of its meetings and ;nakc an official record of a hearing. V. Decisions of the rent stabilization board shall be supported by a preponderance of the evidence. W. The evidentiary hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or stat story rule which might make improper the admission of such evidence over objection in civil actions. Y. The rent stabilization board or its hearing officer may spread :my retroactive rent adjustment under Paragraph R of this section over several months of future rent. 8.10.110 Guidelines. The rent stabilization board may recommend to the city council the adoption of guidelines for determining a just and reasonable return. • 8.10.120 Administrative costs. The City Manager shall, from time to time, calculate the total cost of conducting a meeting of the rent stabilization board and file such figures in his office. Such figures shall be used in determining the deposits and the costs for holding a meeting of the rent stabilization board. 8.10.130 Agreements. Nothing in this chapter shall operate to restrict the right cf a tenant and management to enter into agreements providing for a fixed term and /or fixed rent for mobilehome tenancies. 8_10.140 3taximmn rent. Management shall not request, demand or receive from a tenant more than the maximum rent set forth in an effective rent schedule including any adjustment thereof fixed by the rent stabilization board 8.10.150 Iinforceability. In the event of any violation by the management of u mobilchmne p:uk of any maximum rents, an effective rent schedule, or a final decision and order of the rent stablization board, relief for such a violation shall be enforceable uy thu iudivldual tenants of that park in a court of the nppropriatc jurisdiction in which injunctive, rclicf may be printed and damages shall be allowed for any rent paid in excess Of the cffCCIIV- rent schedule or any fiord determination of the rent stabilization board. In nnv snwh court proceeding, the prevailing party shall be awarded his reasonable attorneys' fc,'s and the court, where applicable, still[[ be empowered to order treble d:;inu;;ua hn- any rents chmg -d in excess of any effective rent schedule, maximum rent, or in viol:dion of the final dccision of the. board (i.e., three times any excessive rent or ovcreh ;rgO. 8.111.100 Limitation of .,-lion to Minch a fim,l decision -- Order of the rent _ s L;bilitntinn ),) ni. :Any action or pro-cudmg to +ittaeli, review, set aside, annul or void a final decison and order of the rent stabilization board, of the reasonableness, legality • or validity of any provision or condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service of the summons or petition is effected within ninety days of the filing with the city clerk of the final determination and order, and notice of the same has been given by the city clerk. 8.10.170 Termination. This chapter shall remain in effect until June 30, 1985, unless extended by the city council. 8.10.180 Retaliation. It is unlawful for the management or any owner of any mobilehome park to harass, evict, retaliate against or otherwise discriminate against any person in the rental of any mobilehome park site when the dominant purpose is retaliation against a person who has opposed any practice believed unlawful under this chapter has informed law enforcement agencies of practice believed unlawful under this chapter, has asserted any rights under this chapter, or has petitioned, testifed or assisted in any proceeding under this chapter ". SECTION 2: The city council hereby declares that it would have adopted this ordinance and each section, sub - section, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, sub - sections sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this ordinance shall be declared invalid or unconstitutional, then all other provisions thereof shall remain in full force and effect. SECTION 3. The Mayor shall sign this ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen • (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. APPROVED AND ADOPTED this day of 1982. AYES: NOES: ABSENT: :J • 0 • 2 STAFF REPORT° GATE: November 11, 1982 TO: Members of the City Council and City Manager 79" FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT 81 -09 (TENTATIVE TRACTS 11804 & 05 - ALLEN - A change of zone from R -1 (Single Family Residential) and R -3 (Multiple Family Residential) to R -3 /PD (Multiple Family Residential /Planned Development) and the development of 76 condominium units on. 11.03 acres of land located at the northwest corner of Highland and Haven Avenues - APN 201 - 262 -28, 30, 31, 37 & 40. SUMMARY: This proposal is for a planned residential development consisting of 76 condominium units on 11.03 acres of land, in conjunction with a zone change from R -1 and R -3 to R -3 /PD and the issuance of a Negative Declaration. The Planning Commission, at its meeting of October 13, 1982, held a duly advertised public hearing to consider the above - described project and approved the related tract maps with conditions, as attached, and recommended approval of the Negative Declaration and zone change. Please find attached a copy of the Planning Commission Staff Report and Minutes which fully describe the project. The proposed project is consistent with all related City ordinances and plans. The proposed overall density of 6.9 dwelling units per acre is consistent with the General Plan designation of Medium Density Residential (4 -14 du /ac). No adverse environmental impacts are anticipated as a result of this project. CORRESPONDENCE: At the Planning Commission public hearing, two residents from the adjacent Garden Apartments expressed concern with the amount of traffic generated by this project, adequate screening between the two projects, and preservation of existing Eucalyptus, as indicated in the attached Minutes. This item was advertised as a public hearing and notices were mailed to property owners within 300 feet of the project site. Included in the Planning Commission Staff Report is a letter from the Garden Apartments Homeowners' Association Board of Directors supporting the project. Planned Development 81- 09 /TTs 11804 & 11805 City Council Agenda November 17, 1982 Page 2 IS RECOMMENDATION: The Planning Commission recommends that the City Council approve Planned Development 81 -09 for the above- described project through adoption of attached Ordinance and issuance of a Negative Declaration. Res ectfully submitted, RICK , OMEZ City'Planner RG:OC:jr Attachments: Planning Commission Staff Report & Resolution of Approval Minutes of October 13, 1982 Planning Commission Meeting City Council Ordinance • • 7 r'` IV I I - S-z ORDINANCE NO. * AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201 - 262 -28, 30, 31, 37, AND 40, LOCATED AT THE NORTHWEST CORNER OF HIGHLAND AND HAVEN A'V'ENUES, FROM R -1 AND R -3 TO R- 3 /P.D. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with the General • Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. Assessor's Parcel Numbers 201 - 262 -28, 30, 31, 37, and 40, approximately 11.03 acres in size and generally located on the northwest corner of Highland and Haven Avenues, are hereby changed from R -1 (Single Family Residential) and R -3 (Multiple Family Residential) to R- 3 /P.D. (Multiple Family Residential /Planned Development). SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 17th day of November, 1982. AYES: NOES: ABSENT: 0 • 1 CITY OF RANCHO CUCAMONGA MEMORANDUM Date: November 15, 1982 To: City Council and City Manager Gt7CAMp^, C� u} o F.. p Z Vli U i From: Bill Holley, Director, Community Services Department Subject: Ordinance Amending Ordinance No. 105 (Chapeter 16.32 Rancho Cucamonga Municipal Code re: Park Dedication) Find attached the Ordinance prepared by the City Attorney's Office, along with a cover memorandum, for the purposes of implementing the Foran Bill. Supportive Resolution regarding both the "P" and "D" Factors will be presented before Council at your December 15 meeting, these Resolutions to be effective January 1, 1983. B11 /mw �/ 1977 jr • M E M O R A N D U M TO: Bill Holley, Director, Community Services Department FRO?!: Robert E. Dougherty, City Attorney DATE: November 12, 1982 RE: Park Dedication Ordinance No. 105 Enclosed please find a proposed Ordinance amending Chapter 16.32 of the Rancho Cucamonga Municipal Code to implement the restrictive provisions of the Foran Bill for tentative maps and parcel maps which are approved or conditionally approved after December 31, 1982. Eased upon Youngblood -vs- Board of Supervisors, 22 Ca1.3d . 644, 150 Ca1.Rptr. 242 (1978) and E1 Patio -vs- Permanent Rent Control Board, 110 Cal.App.3d 915, 168 Cal.Rptr. 276 (1980), we are of the opinion that the standards for park development pre- sently in effect apply in those cases where the tentative map or parcel map is approved or conditionally approved on or before December 31, 1982. Thus, we do not propose amending Chapter 16.32 so as to disturb those existing standards, However, Section 4 of the Ordinance has been included in case the Court later disagrees with Our conclusion. Thu City Council should also adopt a resolution establishing "P" factor; for each class of household. The resolution should be app li,:ablu to tentative mans and parcol maps approved or conditionally .Ippruvoo after December a , 1982. In our opinion the City .gust ut114 zo thn 1979 census breakdown for classes of household inasmuch —• r the 1980 federal census did not provide such information. Please call me if you have any questions concerning the • enclosed. RED:sjo Enclosure -2- • • ORDINANCE NO. !_,� AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALI- FORNIA, AMENDING CHAPTER 16.32 OF THE RANCHO CUCA- hIONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND, INCLUDING SAVINGS PROVISIONS. The City Council of the City of Rancho Cucamonga, does ordain as follows: SECTION 1: Chapter 16.32 of the Rancho Cucamonga Municipal Cede is hereby amended by amending Section 16.32.010 to read as follows: "Sec. 16.32.010. Intent and General Provisions. "The intent of this chapter is to provide for the development of park and recreational facilities through subdivision .regulations, in an area where the need for parks has been determined. Each subdivider of land for residential use, shall, as a condition to the approval of a tentative map, parcel map, planned community, land development or real estate development, dedicate lands or pay fees in lieu thereof, or a com- bination of both, for neighborhood and community park . or recreational purposes. Land to satisfy dedication requirements shall be conveyed to the City at the time of recordation of the final map or parcel map. In lieu fees shall be paid to the City prior to the issu- ance of building permits. ". SECTION 2: Chapter 16.32 of the Rancho Cucamonga Municipal Code is hcreby amended by adding Subsection J to Section 16.32.020 to road as follows: "(J) Notwithstanding any other provisions in this chapter to the contrary, for tentative maps and parcel maps approved or conditionally approved after December 31, 1982 the amount of land dedicated or fees paid shall be based upon the residential density, which shall be determined on the basis of the approved or conditionally approved tentative map or parcel map and the average household size and shall be the proportionate amount necessary to provide three acres of park area per one thousand persons residing within such subdivision. For the purposes of applying the formula found in subsection F of this section to such subdivisions, S equals three and P shall be she average size of each class of house- hold within such subdivision. If any such subdivision contains more than one (,Lass of household, a separate . computation using tho formula in subsection F of this section shall be made for each class of household within such subdivision and the 'minimum fee' for the separate calculations shall be added together to determine the minimum fee for the subdivision as a whole for the purpose of determining dedication requirements. ". SECTION 3: Chapter 16.32 of the Rancho Cucamonga Municipal Code is hereby amended by adding Subsection G to Section 16.32.030 to read as follows: "(G) Planned developments and real estate devel- opments as defined in Sections 11003 and 11003.1, respectively, of the California Business and Professions Code, shall be eligible to receive a credit, in an amount determined by resolution of the City Council, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this chapter, for the value of private open space within the develop- ment which is useable for active recreational uses. This subsection shall apply only to planned developments and real estate developments for which tentative maps or parcel maps are approved or conditionally approved after December 31, 1982. The credit allowable pursuant to this subsection shall, if applied for, be in lieu of any other credit allowable under other provisions of this chapter. ". 0 SECTION 4: Notwithstanding any other provision of State law or ordinance or resolution of the City of Rancho Cucamonga, in the event of a final judicial determination that any fee or dedication • requirement imposed by Chapter 16.32 of the Rancho Cucamonga Muni- cipal Code, either as it existed prior to the effective date of this ordinance, or as amended by this ordinance, is in excess of the maximum permitted by State law, such fee or dedication require- Mont, or both, shall be deemed reduced to and fixed at the maximum quantity or amount that the Court determines might have been law- fully imposed by the City pursuant to an ordinance adopted under the authority of California Government Code Section 66477. SECTION 5: The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, then all other provisions thereof shall remain in full force and effect. SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall. attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Dailg Report, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City oC Rancho Cucamonga. APPROVED and ADOPTED this day of • -2- 0 • E v MEMORANDUM November 23, 1982 Qi f' 1977 TO: City Council FROM: Lauren M. Wasserma/,Guerdv City Manager SUBJECT: Request for CrossiTurner Avenue at 2 The City Council has received a request from Louisa L. Meza, 10171 24th Street, Cucamonga, to consider the placement of a school crossing guard at the inter- section of Turner Avenue and 25th Street. When originally presented, the re- quest was referred to the City's Traffic Safety Committee for review. The Council also requested that the issue be reviewed by the City Attorney since the feasibility of volunteer crossing guards was discussed as an alternative to paid guards. TRAFFIC COMMITTEE ANALYSIS AND RECOMMENDATION The City's Traffic Committee has reviewed the request for a crossing guard and has determined that the intersection does not meet the warrants which are adopted by the State and used by local agencies. While the intersection does have approximately 65 school children crossing in the morning and more than 100 in the afternoon, the vehicular traffic is less than one -half the volume recommended by the State. Therefore, the Traffic Committee has recommended against the placement of a crossing guard at the intersection. Since the issue was presented to the City, the City has installed a pedestrian crosswalk at 25th Street and Turner Avenue, appropriate speed limit signs noting a school zone, and a center line has been painted on Turner Avenue in order to properly direct traffic through the area. CITY POLICY REGARDING PLACEMENT OF CROSSING GUARD Since the City's incorporation, it has been the policy of the City to place crossing guards only at intersections which meet all of the adopted warrants. In addition, the City policy requires that the affected school districts assume one -half the cost for all newly approved crossing guards. The Cucamonga School District Superintendent has stated that the District has no funds for the cost of a guard in the present budget. City Council November 23, 1982 • Re: Crossing Guard Page 2 QUESTION OF CITY LIABILITY IF VOLUNTEER GUARDS ARE USED When the request for a crossing guard was originally discussed by the City Council in mid - October, the feasibility of utilizing volunteer guards trained by the Sheriff's Department was discussed as an alternative to a paid guard. Although the intersection does not presently meet warrants for the placement of a guard, the City Council requested the City Attorney to review the law and determine whether the City may incur any liability exposure if volunteer crossing guards were to be trained by the Sheriff's Department and placed at the intersection of 25th Street and Turner Avenue. The City Attorney has researched the State Law and determined that cities have the authorization to establish rules and regulations for, and to appoint volunteer crossing guards. However, because of the potential liability, the Attorney has recommended that the City Council be aware of potential problems if a volunteer system is implemented. Mr. Dougherty has stated; "There is support in the Law for the proposition that once a person undertakes a duty of care toward others, abandonment of that duty might give rise to liability in favor of a person who is injured while relying on that duty being performed. The classic cases are those involving warning devices and crossing guards at railroad crossings. The same rationale would apply to school crossing guards." • In addition to the increased potential liability, the staff is equally con- cerned that if a volunteer program is established, the Sheriff's Department may be obligated to provide crossing guards if volunteers fail to show up because of illness or other reasons. To require deputies to serve as crossing guards temporarily reduces the available patrol and enforcement activities of the Sheriff's Department. SUMMARY AND RECOMMENDATION The intersection of 25th Street and Turner Avenue does not presently meet the accepted traffic warrants for the placement of a crossing guard. The City Council should be concerned with the precedent which could be established if a crossing guard is placed at an intersection which does not meet the warrants which are used by the Traffic Committee. In addition, the Superintendent of the Cucamonga School District has indicated that regardless of whether a crossing guard is warranted, there are no funds budgeted by the District for this purpose. The most important issue to be resolved by the City Council is whether the City Council is willing to accept the potential liability which arises, parti- cularly if volunteer crossing guards are used. It is impossible to place a cost on exposure to liability resulting from policy decisions of the City Council. However, municipalities are subjected to legitimate and frivolous lawsuits on an almost daily basis. These lawsuits have resulted in extremely high • insurance premiums and the almost annual policy cancellation by insurance carriers. The placement of a crossing guard at an intersection which does not presently meet accepted warrants is, in the staff's view, not in the City's best interest. City Council • November 23, 1982 Re: Crossing Guard Page 3 STAFF RECOMMENDATION The request for placement of a paid or volunteer crossing guard cannot be recommended at this time. The City's Traffic Committee concurs with this recommendation. The City has taken action to make the intersection safer by installing appropriate speed limit signs in the area, by painting a center line on Turner Avenue to better regulate the flow of traffic, and by painting a school crosswalk at Turner and 25th Street. In addition, the City Council and concerned citizens may be assured that the area will be a high priority for enforcement by the Sheriff's Department. This periodic radar enforcement, combined with the installation of other traffic safety measures will improve the safety of the neighborhood for students attending schools in the vicinity of Turner Avenue and 25th Street. This intersection will also be monitored by the Traffic Division to observe whether pedestrian and vehicular traffic are continuing to obey traffic regulations. LM14: ba a J 0 /J i • L ZA OC D CITY OF RANCHO CUCAMONCA ADMINISTRATION -- NOV z, 1982. AM -- .... 9110111112111213 41 I , - .T__. • 9 MEMORANDUM ? �� an September 29, 1982 V �i r Q III; F D 1917 � TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Crossing Guards For the benefit of the new members, I thought it important to outline the City's past policy with respect to the payment fer crossing guards. With the exception of those locations which had guards before incorporation, the City policy has been that the school districts pay for 1/2 of the cost of all crossing guards. This policy has been accepted by the Alta Loma School District and the Central School District. The net effect of the policy is that the school districts become somewhat more careful about recommending crossing guards since they will be obligated to pav 1/2 the cost. In most communities schools can organize PTA members and parents to pack the Council chambers in order to get crossing guards. With the policy requiring 1/2 the payment by the districts, this tactic has been virtually eliminated. You may have read in the Daily Report that Louisa Meza has confronted the School Board with a request for a crossing guard on Turner Avenue near Arrow Highway. The School District has stated that they do not have the money to pay for the crossing guard. One problem with deviating from our existing city policy would that the Alta Loma and Central School Districts could also very easily plea hard- ship, thus leaving the City with the entire bill for crossing guards. This memo is intended to update the new city councilmembers on the City's past policy with regard to payment for crossing guards. LMW; baa CITY OF RANCHO CUCAMONGA MEMORANDUM October 6, 1982 T0: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Crossing Guard Request As anticipated, Louisa Maze has requested time on the October 20th Agenda to address the city council. Mrs. Meza will be requesting that the City place a crossing guard at the intersection of Arrow and Turner. While it appears that the intersection does not even come close to meeting traffic warrants for the placement of a crossing guard, the matter should be referred by the Council to the Traffic Committee for further analysis and a recom- mendation. In addition, Council for the sake of consistency if for no other reason should insist that the school district pay one half the cost for crossing guards. This policy has been in effect since we took over the crossing guard prograin after incorporation. At the present time both the Central and Alta Loma School Districts are paying for one half of the guards which have been added since the incorporation. The City pays the full cost for guards which were required prior to incorporation of the community. I.MW: has 1505 -01.01 EI Y OF }F.FNCY.G , EA.MUNG .w �: `.�.��✓ �� ADf7dNI5i RUgN OCT PY i�l illl�l112C4t5.�,r� �r ,/ll�cyc,. -c1.= N T u.ti.'riatii /h.- c..,...t._ ,.c„�, ° r�l-<✓ �, . i O . LOCATION: Turner Avenue Item 1 REQUEST: Crossing Guard DATA: Turner Avenue is a north -south collector street with one lane for each direction of traffic. Turner Avenue stops at Arrow Route. A school crosswalk has been installed at 25th Street to allow access to Rancho Cucamonga Middle School for students living east of Turner Avenue. A crossing guard warrant was investigated to determine if placement of a guard at this location would increase safety for children crossing Turner Avenue. To effectively utilize a crossing guard, it is recommended by the State of California that 30 students cross during each of any two hours and that 300 vehicles are counted dur- ing this period. At Turner Avenue at 25th Street 65 school aged pedestrians crossed during the morning and 103 during the afternoon. Vehicle traffic was counted at 150 and 160 during the morning and afternoon respectively. This is less than half the volume recommended by the State. RECOMMENDATION: The Traffic Committee recommended against the installation of a crossing guard at this location. Adequate gaps exist during morning and afternoon hours to allow children to cross safely. This location will be monitored by the Traffic Division to observe if pedestrian and vehicular traffic are continuing to • obey traffic rules and regulations. 49 i, h 6 tiec,— r,,W,./, O • �w 12///42 e c . M E M O R A N D U M TO: City Councilpersons Lauren M. Wasserman, City Manager FROM: Robert E. Dougherty, City Attorney DATE: November 1, 1982 RE: School Crossing Guards. Vehicle Code Section 21100 provides in part: "Local authorities may adopt rules and regula- tions by ordinance or resolution regarding the fol- lowing matters: "(i) Providing for the appointment of non - student crossing guards for the protection of per- sons who are crossing a street or highway in the vicinity of a school or while returning thereaf- ter to a place of safety. ". The City is, therefore, authorized by state law to estab- lish rules and regulations for, and to appoint, volunteer school crossing guards. Whether the City should do so is, of course, a policy de- cision. There is support in the law for the proposition that once a person undertakes a duty of care toward others, abandonment of that duty might give rise to liability in favor of a person who is injured while relying on that duty being performed. The clas- sic cases are those involving warning devices and crossing guards at railroad crossings. The same rationale would apply to school crossing guards. Consequently, if a volunteer system is set up, there must be assurance that a volunteer will in fact be pres- • ent at all required times. Whether a volunteer school crossing guard post could be safely (from the liability point of view) abandoned at the end of a school year, by not reactivating the crossing guard at the beginning of the next school year, is an open question. If such were to be done then the recommendation is that notice of the action be disseminated by appropriate means prior to the begin - ning of the new school year. RED: sgg -2- ��r. l_J 0 — CITY OF RANCHO CUCAMONGA SoCiCA' 110 STAFF REPORT. ry f�'1Ri DATE: December 1, 1982 �_ "q✓" F L. TO: City Council and City Manager 197 FROM: Lloyd B. Hubbs, City Engineer SUBJECT: ALTA LOMA CHANNEL ASSESSMENT DISTRICT On March 3 of this year the Council accepted and made findings relative to a petition to establish an Assessment District to construct the Alta Loma Flood Control Channel. Since that time the Staff has been working with the County and District petitioners to develop security and funding for the Engineering and appurtenant work required to form the District. The estimated cost of this work will approach $215,000. To date several land owners have entered into secured agreements to reimburse the City for front end costs if the Distret fails to go to bond. These commitments total $83,516,82. An additional $26,324.53 share for Kingslea Development would be an appropriate commitment by the City on the strength of the existing channel • reimbursement agreement with this developer. The remaining petitioners have indicated that agreements would be forthcoming. The Countv, as shown in the attached letters, has indicated their willingness to take the lead in the plan check, right -of -way acqusition and construction contract administration. Given the substantial commitment that currently exists, the Staff would recommend proceeding with the Assessment District as quickly as possible with a tentative schedule for summer constructon in 1983. To proceed with the project requires approval of the Design and Assessment Engineering Contract and retention of Bond Counsel. You will recall that the team selected in the petition included: Associated Engineers - Design Don Owen k Associates - Assessment Engineers Brown do Nazarek - Bond Counsel Attached for Council approval is a contract with Associated 1ingincers for project design and a proposal from Don Owen and Assocntes. The total commitment prior to bond sale for this '7 1 City Council Staff Report Alta Loma Channel Assessment Disrict December 1, 1982 Page 2 work would be $191,200. ($166,000 for design and $25,000 for Assessment Engineering). These costs would be drawn from storm drain fees. The Bond Counsel agreement will be forthcoming but the District abandonment cost is not expected to exceed $20,000. RECO1T%TEND.AT I ON It is recommended that Council direct Staff to proceed with Disrict formation as expeditiously as possible and authorize the Mayor to execute the following agreements: .Associated Engineers ......................Not to exceed .from Storm Drain Fund Guarantee of Payment Agreement.... Nicosia, Webb do Sutter Guarantee of Payment and Lien Agreement........ The Anden Group Guarantee of Payment and Lien Agreement......... Landmark Investments Guarantee of Payment and Lien Agreement—Dominic Salvati Agreements for Bond Counsel and Assessment Engineering will be presented in the near future. • Respectfully submitted, Lljt : j e e Attachments • Sc� «�_„0 March 4, 1982 C C CITY OF RANCHO CUCAMONGA .a.,, Phillip D. Seld..rr, Arthur 11. Bridge Jon 1). Mikels James C. Frost plirh.el A. P.l..bu Ruben Montes San Bcrn�rdino County Flood Control 825 East Third Street San Bernardino, California 92415 RE: Alta Loma Channel Assessment District Dear Ruben, To follow -up our recent meeting concerning the Alta Loma Channel Assessment District, I would like to propose the following divi- sion of responsibility between our agencies: • The Cit., will take all legal steps to accomplish the formation and maintenance of the assessment district. This would include: • Retain assessment Engineer and Bond Counsel. • Perform all studies and reports to fullfill the legal obliga- tions to form an assessment district under the 1913 Assessment Act. • Hold all public hearings. • Contract for design plans specifications and estimates to be prepared to Flood Control District standard including needed surveys and soils testing. • Assist in advertisement and bidding of the construction contract. • Arrange negotiation or bidding for bond sale. • r,ird construction contract and bond sale concurrent with District formation. • Ad:-.inister all district functions relative to bond service and to ;:a tion. • Dol to th..• County all funds required to administer the cOn- a' !': ;ctlOn contract prior to contract agreement execution. POST OFFICE BOX 807 • li.\ \C110 fCC. \)10 \O,\. C.I LIPOItS to 91170 • (711)9,s9-1851 sn�. Ruben Montes San Bernardino Co nC_v Flood Control March 4, 1982 Page 2 J Wo would like to request that the County provide the following: • Appraise and acquire all required rights -of -way. • Plan check all design plan specifications and accompanying documents. • Advertise and receive bids for construction. • Assist City in analysis of bids. • Administer the construction contract including: all surveys inspection, materials testing, progress payment to final accept- ance. _ All County expenses would be covered by the assessment district bond sale and would be posted within 30 days preceding bond sale or prior to execution of construction contracts. If this division of responsibility meets with your approval, let me know and we will draft an agreement. If you have any questions, please tali myself or John Martin at 989-1851. • Cordially, CC: C•!U::ITY DEVELOP`IENT DEPARTMENT ENGINEERING DIVISION LLOYD 8. R BBS City Engineer LBIi: jaa cc: Paul Rougeau John Martin !ni 0 San Ve rtit,&,ga edg#w# �- FLOOD CONTROL DISCICT 825 East Thud Stn:et - San Bernardino, CA 92415 - (714) 3831665 L March 26, 1982 COUNTY OF SAN BERNARDINO ENVIRONMENTAL PUBLIC WORKS AGENCY File: 1- 405/1.00 City of Rancho C'icamonga Post Office Box 807 Rancho Cucamonga, California 91730 Attention: Lloyd R. Butts City Engineer Re: Zone 1, Alta Loma Storm Drain S i:BJSCT: ALTA LOMA CHANNEL ASSESSMENT DISTRICT Gentlemen: Reference is made to your letter of March 4, 1982, wherein you request the • District perform certain items of work for the proposed Alta Loma Channel constnictinn project. We have reviewed your proposal and are agreeable to providing the services listed therein as the County's items of work. look forward to this project which is of particular interest to the District duo to the overall project approach which deals with private ir,torest .funding (by Assessment District); and City, County and Private Consultmt coordination. This would appear to be a forerunner of future projects, as construction projects become increasingly more difficult to fund. Very truly yours, JOHN R. SHONE DEPL'1'S' :ADMINISTRATOR FOR PCRLTC W0&R3 El R10,cn V. Mmkcs, Chief Hold Engineering Division 1I%!!: f. 11.. 'IEI, ::al "er 'T "' Con,trvmion and Oparalmm • PWn .ng and Erpinaerm9 • F,doul Nr ,.e 5.)c_ DON OWED & ASSOCIATES INC. e „. November 22, 1982 city of Rancho Cucamonga 9320 C Baseline Road Post Office Box 807 Rancho Cucamonga, California 91730 Attention: Lloyd Hubbs, City Engineer Gentlemen: The purpose of this letter is to propose the basis of a service agreement for your forthcoming Assessment District No. 82 -2, the Alta bona Flood Control Channel. The proposal is for assessment engineering work for the proposed project and includes (at your option) the sale of bonds for that project. From previous work already accomplished on the project in meetings with landowners and the preliminary structuring of the proposed assessment district, it is apparent that a problem exists in relation to several small landowners, three to five acres in size, who at present have one house on the property and do not intend to sudivide. An intportant part of the proposed program is an extensive wor :shop program which would hopefully result in a method of assessments for the project which would mitigate adverse impacts upon these smaller property owners. S0117 ME OF TASTES AND LEVEL OF WORK PROPOSED 77ie attached Assessment Engineer's Schedule has been prepared to present a basis for this proposal. At this point, both bond counsel and the design engineer have not had an opportunity to determine that the proposod schedule will in fact work. Therefore, subsequent change to t;e schedule my be required in order to accommodate time schedules and avail,nbility of other consultants on the project. The proposal does, ho,:ovor, set forth what we believe to be an achievable schedule from the stands »int of the assessment engineer and bond sales. On the schedule, you will note a nu-iter in parentheses associated with each event or tyre schalule which represents the hours of effort which is anticipated in that task or event. Items 2 thurou,lh 8 constitute a workshop program desi,mrd to solve the ahead; noted problem on the project. The re ining itorvi, with the excentions of 17, 20, 21, 22, aril 25, are routine assess - lnont em.)inecring tasks. TM rxcepted items are those tasks which arc rulatrzi to the sale of the proctored loud. 2061 Business Center Drive, Suite 209. Irvine. Cal,fcmia 92715. pin) 752 -9082 5-x' 0 • E City of Rancho Cucamonga Attention: Lloyd Hubbs, City Engineer Kove--L�-r 22, 1982 Page Ito in s=vary, the amisyis indicates that approximately 97 hours would be required for the workshop program, 145 hours for the normal assessment work, and the bond sale would involve 116 hours. PROPOS= COSTS t•;e propose to accomplish the assessment work on a fixed fee basis for time total job of $25,000 with payment monthly upon receipt of an invoice. If the City does not elect to hire a separate municipal financial consultants to sell the bonds, $17,000 should be added to the assessment engineer's fee of $25,000. If the City chooses to modify the program over that currently contemplated, adjustments (either up for extra work or dam for work which could be depleted or possibly accongr lishod by the City) would be on the basis of the attached fee schedule. In case of abandorment of the program, two potential abandO ent dates have been considered. The first which should be considered would • occur on about March 15 at the conclusion of the final workshop. At that time we should be able to determine if sufficient protest will exist in order to iipair the successful completion of the program. The abandonment cost at that time for assessment engineering work would be $9,000. A second potential abandonment date would be upon conclusion of the protest hearing on June 30. The abandonment cost, as of that date, would be $25,000. The above outline of costs include salary and material costs includ- ing printing of the engineer's report. Not included in these figures are bond and official statement printing costs and /or the physical posting of Cho project area included in item 14. Physical posting has been considered to be acc<arplished by the City staff at the appropriate time. su�%%RY I am hoba;tul tf;at this brief proposal serves your needs. If you require further description of the project tasks and /or the program that I have presented, please feel free to call upon me. I am looking forward to this program and to the challenge of working out the equity problem tr..l.:ren the larger and the smaller property owners. very truly yours, is i La IanSdon W. Owen LWO:rs Attachment -, / F ASS%S2 %L'T ENGT?CL2'S SCIMULr ru:ra lc;n c��ars�lL P�ua7DCr UP TO :H7TICE TO STPRT CONSTR=r10N vent Dec. Jan. Feb. Mar. April bay. June July 1. Notice to Start X 2. Develop alternate (30) Spreads X -------------- X 3. City Review X(5) 4. Project Defined X(8) S. Workshop Notice X(8) 6. Public Workshop X(22) (16) Ch 7. [andaaner Meetings X- - - - - -X Il ' ) 8. Final Workshop X(8) 9. Prepare Preliminary (60) Engineering Report X -------- X 10. Faceive and Review Engineer's Cost X(8) 11. Review Plans and Specifications X(12) 12. Construction Bid Period X---- -- - - -X 13. Contractors Meeting X(4) 14. Notice Majority Protest Meeting X(16) 15. Receive Construction Bids • • X 0 F.'ant 16. Prepare Final F-.)ino«r's R port 17. Prepare Official Staten nt 18. Public Rearing (COnf irm) 19. Cash Collection Period 20. Bond Bidding Period �h 21. Award Bonds 22. Bond Closing 23. Award Construction Bids 29. Notice to Start 25. Procedure Manual LL.c. Jan. Feb. Mar. APTil May June Ju l X(30) X -------- x X(15) X---- - ----X X- -- - --X X X X X X W 0. . 6; DON OWEN & ASSOCIATES INC. FEE SCHEDULE Hourly Rates - Langdon W. Owen . . . . . . . . . . . . $90.00 - Lawrence G. Rolaop . . . . . . . . . . $80.00 - Frank Gehrke . . . . . . . . . . . . . $50.00 - Lawrence H. Burton . _ . . . . . . . . $50.00 Expenses Transportation outside of Southern California will be charged at actual cost. Other costs are included in the hourly rate. U • 2061 Busmess Center Drive, Suite 207. Irvine, California 92715. (714) 752 -9082 SC 1,1 . is •" 1 11RnTrn A .1... MEMORANDUMn�77 November 24, 1982 z TO: City Council FROM: Lauren M. Wasserman City Manager SUBJECT: Insurance Program The attached memo from the Director of Fianance concerning our insurance program is self explanatory. Staff recommends adoption of the proposed program. LMW: baa • dI i� � • • l J CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: November 17, 1982 TO: Lauren Wasserman - City Manager FROM: Harry Empey - Finance Director" SUBJECT: Self Funding of Retention. CCG.lIp 19 ;7 I Again, as in past years, it has been very difficult for Fred Smith of the Empire Insurance Company to obtain a decent rate for our liability insurance policy. What is being proposed now is that the deductible he increased from five thousand dollars ($5,000.00) per occurrence to ten thousand dollars ($10,000.00) per occurrence and we will also have to undergo a rate increase besides. Fred, however, has come up with a program that will keep the de- ductible at five thousand dollars ($5,000.00) and the premium will stay at about the same rate as it has been this year. We will, how- ever, be venturing into the area of self insurance, but, only for the amount of the deductible. Fortunately, as a result of the prop - isition 4 analysis conducted for us some two years ago, we have put ourselves into a position where we can handle this type of situation without creating additional reserves. And, in as much as we are liable for the deductible anyway, the step into the area of self funding seems likely. A meeting was conducted on November 15, 1982 between Fred Smith of the Empire Insurance Company( Roy George, vice president of the Carl Warren& Company Insurance Agency; and myself, here at the City Ila]1, in which a program was outlined as to how a self funded re- tention program would work for the City of Rancho Cucamonga. I mihht point out, at this junction, that the only way we can keep our deductible from being increased and our premium:; front going up in to adopt a self funded retention program. I don't know if you recall, but last year, in an effort to ascertain the, status of the City's liability situation, we were unable to do su. No one, it seems, know where we stood regarding potential loss in liability lawsuits. The program of self funded retention bridges that gap and will provide us the information we need on a regular monthly basis as to the exact status of each and every liability claim. 1'he pru,ram would also preclude us from having to hire a a' p page 2 • risk manager any time in the near future. Attached is a copy of the proposal from the Carl Warren and Company which includes their fee schedule, employee listing, and Cities currently being served, some of which are the Cities of Claremont Grand Terrace, San Dimas, Victorville, Duarte, and La Puente. A Positive aspect of the program is that the City Attorney need not be involved in the liability insurance cases until it is absolutely necessary, Whereas before we were involving the attorney from the very beginning, it may not be necessary to do so with the new pro- gram, consequently saving the City unnecessary attorney fees. Recommendation: City Council and City Attorney review the proposal and the contract and, if acceptable to both, inter into an agree- ment with the Carl Warren and Company Insurance Agency for services. HJE /wa • • • H & W INSURANCE SERVICES 16255 VENTURA BLVD„ SUITE 406 ENCINO, CALIFORNIA 91496 (210) 990 -9040 TELEX 66 -2476 Mr, Fred Smith Subject: City Of Rancho Cucacmnlga The Fmpire CORpany P.O. Box 370 Upland, California 91786 We are pleased to provide the following (quota tion /tiR3buV for the captioned which is to be effective: To Be Determined 1. Coverage: Wbrella Liability I. Company: Transcontinental Ins. Co. 3. Limits of Liability: $9,000,000 CSL excess of $1,000,000 Underlying 4. Deductible: $ - -- per claim and per claimant. $ - -- per occurrence. (incl. claim expense) S. Self- Insured Retention: $ 10,000, Per ace. Annual Aggregate Retained Limit: $ - -_ Oremium $ 7,$00, applying (Plus -_ State Tax and -- Stamping Fee) as: ()Q Flat Charge ( ) Minimum & Deposit Premium Adj. at rate of. ( ) THIS QUOTE /BINDER IS FOR A "CLAIMS MADE" FORM Retro- active incep. date: Discovery Period: Prem. Charge: 7. Remarks: This advice is offered as evidence that insurance as described herein has been quoted/ )broad subject to the conditions and limitations of such binder(s) or covering notes) and the policy(ies) to be issued in lieu hereof. Prompt notice must be given in writing to H & W Insurance Services of any discrepancies, inaccuracies or necessary changes. Coverage under each binder shall cease immediately upon the issuance of policy(ies) or written notice of cancellation. The quote /kit expires in thirty /zob" days. DATE: October 25, 1982 adz H & W INSURANCE SERVICES THANK YOU �tt BY: � . El CARL WARREN B CO. insurance Aryusrersr Calm Aom�ms;rators 180! Pa•+ Court Piace Bo'O.nq E S,te 2C8 Santa nrB 0A 92101 7''4' )12 9146 ,213 924.1161 November 15, 1982 Mr. Harry Empey Finance Director City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, CA. Re: Liability Claims Administration December 1, 1982 thru November 30, 1983 Dear Mr. Empey: In A1pNe. (213) 9826141 S.M. An. p14'9723146 (213; 924 1161 Om.M (806' 48$ (213: 883 1860 S.. mi (714'457 3500 (714,560 8131 S.nb B.rinn. (805) 6612694 (800; 322 919 Son Own.rOino O14, 884 -8669 (114;8241660 arwo. v... (213 999.4094 S.n l.0 ON., (805) 544 1963 80.0 W (005; 3254333 Following our meeting this morning we are submitting our written proposal to handle the general liability claims for the City of Rancho Cucamonga through November 30, 1983. BACKGROUND • Carl Warren and Company is a casualty claims management and adjusting• company established in 1944. It is a California Corporation. Its officers are: Howard Hitchcock John H. Walker Bill Blair Roy S. George Ethan Bay Michael Dekema Larry Hunt Bob Bond ADJUSTERS - PERSONNEL LIST Chairman Vice Chairman President Vice President Vice President Vice President Vice President Assistant Vice President We are attaching a list of our adjusters in our Santa Ana and San Bernardino offices and their backgrounds. ncrnarvrcc Attached is a partial list of references. A complete list of our current accounts can be provided upon request. C� -2- • CHARGES lie are suggesting a monthly administrative fee of $50.00, payable on a quarterly basis. This fee includes: 1. Preparation and maintenance of monthly computer input and printout of claim and expense statistics. 2. Receipt and review of all accident and incident reports. 3. Establishment and review of reserves. 4. All necessary related /supporting administrative duties. In addition to the above fee, we would handle the individual claim files on a time - and - expense basis pursuant to the following rate structure. Services $24.00 per hour Telephone 48 of services Photographs 1.50 per color print Transportation .35 per mile Photocopy .15 per page Stenographic 3.00 per page Office Expense 12.00 plus 108 of services . The percentage items (telephone and office expense) are percentage functions of "Services ". This relates to the adjuster's actual time in handling the claim file. Charges are made in 1 /10 hour increments and detailed time sheets are kept on each file. CONTRACT We attach a contract which details the terms and conditions of the proposed claim handling agreement. COMMENTS: This would be a joint effort between this office and our San Bernardino office. All routine things can be reported to this office. Any serious /rush reporting can be done directly to Mr. Jon Hall, Manager of our San Bernardino Office. If you have any questions, please give me a call. Very truly yours, CARL W R��E^N &LLL OMPANY Roy S. George Vice President RSG:ab Ene: Personnel List, References Contract SANTA ANA OFFICE - Managed by ROY GEORGE NAME COLLEGE TOTAL SPECIAL EXPERI E EXPERIENCE OR BACKGROUND Roy George Loyola U 18 BA /Malpra��4.ce J. A. Barrios UC, Santa Barbara 17 Claims Super. Bilingual Arlene Birdsell (OCR) Waldorf J.C. 15 AA /CCLA Dena Curtiss Florida - Atlantic U 6 BA/ Robert tress Brooklyn College 27 Claims Manager 'Carson llowe Arkansas State 17 BS /Aviation Claims Gerald Hudson 34 Claims Manager Clay Kyker Cal State, Fullerton is Claims Manager John D. Lewis US, New York 5 AA /BA Wayne Mouland Long Beach State 7 BA /MA ' Public Admin. Richard Reddish UCLA 25 Claims Manager • Hope Sillett 15 Self- insurance Adm. Claims Mgr. Joan Weeks (OCR) Ithaca 11 BA/ E 5 -17 -82 SAN BERNARDINO OFFICE - Managed by JON HALL NN.1E COLLEGE TOTAL SPECIAL EXPERIENCE • EXPERIENCE OR BACKGROUND Jonathan Hall 4 Thomas Jeavons George Washington U 18 B8 /MA West Virginia U Fidelity /Surety Richard Krane Mexico City College 23 BA - Bilingual Claims Manager N. J. Meyer. 33 Malpractice Claims Mgr. • CITIES City of Artesia 18747 Clarkdale Avenue Artesia, CA. 90701 Greg Korduner (213) 865 -6262 City of Bellflower 9838 E. Belmont Street Bellflower, CA.90706 Kathryn Sateson (213) 866 -9003 City of Bell Gardens 7100 Garfield Avenue Bell Gardens, CA. 90201 Leanna Keltner (213) 927 -1411 City of Bishop 377 W. Line Street Bishop, CA. 93514 Rick Pucci (714) 873 -5863 City of Brawley 400 Main Street Brawley, CA. 92227 Bob Lane (714) 344 -1550 City of Calexico 408 Heber Calexico, CA. 92231 Oscar Rodriguez (714) 357 -1176 City of Camarillo P. 0. Box 248 Camarillo, CA. 93010 Larry Weaver (805) 482 -8921 City of Cerritos • 19400 Pioneer Blvd. Cerritos, CA. 90701 Kevin Boylan (2L3) 860 -0311 City of Claemont P. O. Box 232 Claremont, CA. 91711 Barbara Hallamore (714) 624 -4531 City of Commerce 2535 Commerce Way Commerce, CA. 90040 John Bramhall (213) 722 -4805 City of Cudahy 5220 Santa Ana Street Cudahy, CA. 90201 Ebbie Mouton (213)'7'73 -5143 • City of Duarte 1634 E. Third Street Duarte, CA. 91010 Don Pruyn (213) 357 -7931 City of E1 Centro 1275 Main Street E1 Centro, CA. 92243 Rita Noden (714) 352 -9440 City of Grand Terrace 22795 Barton Road Grand Terrace, CA. 92324 Toni Coyle (714) 824 -6621 LJ City of Hawaiian Gardena •12134 Tilbury Street Hawaiian Gardens, CA. 90716 Wesley Wolfe (213) 860 -2476 City of Irwindale 5050 Irwindale Avenue Irwindale, CA. 91706 Charles Martin (213) 962 -3381 City of Lakewood 5050 Clark Avenue Lakewood, CA. 90714 Peggy Sass (213) 866 -9771 City of La Mirada 13700 La Mirada Blvd. La Mirada, CA. 90638 Bob Dominguez (213) 943 -9771 • City of La Puente 15900 Main Street La Puente, CA. 91744 Gordon Oehl (213) 330 -4511 City of Lawndale 14717 Burin Avenue Lawndale, CA. 90260 Marsha Shutto (213) 772 -4191, 973 -4321 City of Lomita 24300 Narbonne Avenue Lomita, CA. 90717 Cary Irwin (213) 325 -7110 il -2- � :7 City of Maywood 4319 E. Slauson Avenue Maywood, CA. 90270 Sherman Stenberg (213) 587 -7281 City of Norwalk 12700 Norwalk Blvd. Norwalk, CA. 90650 Mary Paxon (213) 868 -3254 City of Paramount 16400 Colorado Avenue Paramount, CA. 90723 Debbie Rich (213) 634 -2123 City of Pico Rivera 6615 Passons Blvd. Pico Rivera, CA. 90660 John DonleVy (213) '692 -0401, 723 -3191 City of Port Hueneme 250 N. Ventura Blvd. Port Hueneme, CA. 93041 John Velthoen (805) 488 -3625 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA. 90274 Nary Jo Lufthus (213) 377 -0360 City of Rolling Hills Estates 4045 Palos Verdes Dr. North Rolling Hills Estates, CA. (213) 377 -1577 90274 -3- City of Rosemead 8838 E. Valley Blvd. Rosemead, CA. 91770 Bob Dickey (213) 288 -6671 City of San Dimas 245 East Bonita Ave. San Dimas, CA. 91773 Mike Dutton (714) 599 -6713 City of San Marcos 105 N. Richmar Ave. San Marcos, CA. 92069 Rick Gittings (714) 744 -4020 City of San Marino 2200 Huntington Drive San Marino, CA. 91108 Betty Groomes (213) 282 -1155 City of Santa Fe Springs 11710 Telegraph Road Santa Fe Springs, CA. 90670 Don Nuttall (213) 868 -0511, 773 -5231 City of Signal Hill 2175 Cherry Avenue Signal Rill, CA. 90806 Nadine McCartney (213) 426 -7333 City of South E1 Monte 1415 Santa Anita Ave. South E1 Monte, CA. 91733 Barry Lipton (213)579 -6540 City of South Pasadena 1414 Mission Street South Pasadena, CA. 91030 Erwin Young (213) 799 -9101 City of Temple City 5938 Kauffman Avenue Temple City, CA. 91780 Stephen Kimbrough (213) 285 -2171 City of Vernon 4305 Santa Fe Avenue Vernon, CA. 90058 Frank Murillo (213) 583 -8811 City of Victorville 14343 Civic Drive Victorville, CA. 92392 Betty Christie (714) 245 -3411 i 1 U • SERVICE AGREEMENT • THIS AGREEMENT, entered into this 1st day of December 19 82 , by and between _City of Rancho Cucamonga hereinafter called "PRINCIPAL" and Carl Warren and Company, hereinafter called "CONTRACTOR ", for certain services as outlined in connection with the duties and responsibility of administering a program of self - insurance. WIT14ESSETII: NOR, THEREFORE, PRINCIPAL and CONTRACTOR mutually understand and agree as follows: 1. GENERAL. CONTRACTOR shall.: A. Supervise and administer the Self- Insurance Liability Program • for PRINCIPAL and D. Represent PRINCIPAL in all matters related to the investigation, adjustment, processing, supervision and resolution of claims for money damages asserted by third parties against PRINCIPAL; and C. Provide to PRINCIPAL during the term of this Agreement all the services more particularly set forth hereinafter, 2, iNVESTTGATIVC. SERVICES: A. CONTRACTOR shall provide complete investigative services including, but not limited to: (1) Rcccipt of and examination of all reports of accident, incidents, claims, or rases which are or may be the subject of such liability claims. 3 x, (2) The investigation of such accidents, incidents, claims or cases where examination warrants such investigation, • or when requested by PRINCIPAL; such investigation to include on -site investigation, photographs, interviewing witnesses, determination of losses, and other such investigative services necessary to determine liability and losses but not to include extraordinary professional services as set forth in Paragraph 2 -L3 herein. (3) CONTRACTOR shall provide the herein - described services on a 24-hour, seven day -a -week basis, to receive telephone reports of any incident or accident which may be the subject of a liability claim, and shall provide immediate investigation services, if the incident or accident so requires, to the extent necessary to provide a complete • investigation. B. Allocated Expenses are all reasonable and supportive extraordinary services where expert and professional assistance is required, such as professional photography, independent medical examinations, professional engineering services and laboratory services. CLATMS ADJUSTMENT SERVICES. CONTRACTOR shall provide complete claims adjustment services on each accident or incident which is or may be the subject of. a liability claim against PRINCIPAL. Such services shall includo, but not be limited to: A. The maintenance of a claim file on each potential or actual claim reported to CONTRACTOR. -2. • B. whenever its investigation results in n determination that • PRINCIPAL has sustained a liability to a third party, CONTRACTOR , shall process any such claim or potential claim for settlement in accordance with PRINCIPAL'S instructions for settlement of such claims. C. Notification of PRINCIPAL,'S primary and excess carriers of all claims which exceed the PRINCIPAL'S self- insurance limit. Retention and maintenance of liaison between the insurance carriers and the PRINCIPAL on matters affecting the adjustment of such claims. D. Obtain all Release Agreements on settlement of any claim or potential claim. 4• ADNTNISTRATIVE SERVTCES. CONTRACTOR shall provide at least: the following administrative services. •A. Assignment of a Principal Account Adjuster to PRINCIPAL to provide liaison between PRINCIPAL and CONTRACTOR. B. Provide PRINCTPAL with tabulated Monthly Status Report on all reported claims during the term of this Agreement, indicating the status of each reported open claim assigned to CONTRACTOR, tho details of each such claim, the outstanding reserves for each claim and details of all claim payments during the month. The Status Report shall be delivered to PRINCIPAL within Lwenty (20) days of the close of each calendar month. C. Periodical ly review and adjust reserves on all open claims. -3- 5. LEGAL, SUPPORT SERVICES. CONTRACTOR siiall provide at least the following legal support services on each claim wherein the claimant . has commenced litigation. A. Upon notification by PRINCIPAL that litigation has been filed on an open claim, CONTRACTOR shall contact PRINCIPAL'S trial attorney assigned to handle the case by PRINCIPAL and provide such trial attorney with all information and files concerning claim. B. !aintai.n 'liaison with PRINCIPAL'S trial attorney and provide such investigation services as are required by such attorney during pro -trial and trial stages. C. Assist PRINCIPAL'S trial attorney in answering any interrogatories filed by the claimant. D. Assist PRINCIPAL'S personnel in Small Claims-actions filed against PRINCIPAL nn Opel claims handled by CONTRACTOR. by • providing PRINCIPAL with (1) names of any witnesses to be subpoenaed, (2) necessary evidence, and (3) assistance at the trial, including appearance as a witness, if necessarv. 6. PERIOD Or AGREEMENT. This Agreement is for a period of twelve (12) months, commencing at 12:01 A.H., -December-1 1982 and mid in'! November .30., 1983 7. CO;:iIDhRA'r ION. -- A. DIE INCiPAi, hereby ru)rcrs to pay to CONTRACTOR dnd CONTRACTOR hereby agrees to accept, in full satisfaction for its services provided hereunder, compensation in the following amounts: _q_ i• 11 (1) COW'ITACTon shall. be -ompensated in the amount of • 550.00 _ pel' mor'.h for its claillls sllpervision and other necessary administrative duties and the Coalputcrized 1`101101y Status Reports. (•' -) CONTRACTOR shall be corlpensatod for iLs claims handling services, other than those in subsection (1) ..hove, at the rate of $ 24.00 per hour. In addition, CONTRACTOR snail be reimbursed for its e,ponses, excluding expenses incurred in the performance of subsection (1) above, and includi.ny 35 cants per mile, $ 1.50 per print for color pho Loc, ranlls, typing at $ 3_00 per page, photocopy expenses at 15 cents per page, telephone. expenses at 4 percent of services, and office expense calculated ol. $ 1_2_0_0 for file ma)ceup plus 10 percent of �_- • CONIT I a:T0Ii'S 0rViCe chafgo. L7) CWJT'ItACTOR shall bU rc im,burscd rot the A110catrd LSxpcnces as col. for Lll Under Paragraph 2 -Li above. CON'J9::,C'L'OR sai,l I u Id(II such services only after obtaining prior wri U.on auLhan'Izalion fr,oin pR1NCIPA;,, except that such aulhorizatir, 1'�"Y br I.IjvOn orally where such service:; arc urgently requi: fl. _; ;!:'.; _pl.._I'iIYIJI I'f. Upon uxecuti,on of this Aq rucmunL by both parties, D!t II:CJ fill• sh.11l rcmi.t to CONT'RACTON Ulu snrl of $ 150.0_0 as I'IyTwnl f,lr Ihr 'Ira three (3) months of ih" CONTRACTOR',,; hery ices u•roow<,:r, a:.,) •.:III r�ml.t a l,aymcnl, of $ 150_00._ ^.._. ror onch (ollowin Lhrcc (;) men Lhs periocl by the rirst dny of each such period. 7 � °V Payments shall be transmitted to CONTRACTOR at P. O. Box 116, Glendale, California 91203. A. If requested by PRINCIPAL, CONTRACTOR will interim bill all • charges incurred at the end of each quarter. 9. PRINCIPAL`S RESPONSIBILITIES. PRINCIPAL shall provide CONTRACTOR with copies of all relevant documents upon request and without charge and shall make available any PRINCIPAL employee for interviews by CONTRACTOR at reasonable times concerning any investigation of a claim or incident pursuant to this agreement. 10. CONFLICT OF INTEREST. In the event a claim or incident is reported to CONTRACTOR by PRINCIPAL and it is determined that the actual or potential claimants therein are also clients Of CONTRACTOR, then C014TRACTOR shall immediately notify PRINCIPAL of such potential conflict of interest. if PRINCIPAL elects to have an independent investigator and ad luster, CONTRACTOR shall provide such an • investigator and adjuster. 11. CANOE UATIO1 017 AGREEMENT. The Agreement may be terminated by PRINCIPAL with or without cause upon giving CONTRACTOR written notice at least thirty (30) days prior to the date of termination. In case of termination by PRINCIPAL a prorata adjustment will be made on any sun :"aid under Section 8 of this . Agreoment. 12. DISPOSITION OF FILES ON TERMINATION OF AGREEMI:N'T. A. All files On each claim shall be the property of PRINCIPAL. B. Li the event of expiration Of the Agreomcnt, and non- ronowal thereof, CONTRACTOR shall bill PRTNCIPAL, subject to the rates • quoted in Provision 7 -A horeinabove, for work completed by • CONTRACTOR on each claim, and also promptly forward all completed and pending claim files to PRINCIPAL. C. In the event of cancellation of this Agreement by PRINCIPAL, CONTRACTOR shall return all files to PRINCIPAL, unless PRINCIPAL reguesLs CONTRACTOR to continue to process any files, in which event CONTRACTOR shall continue to process such files on a time- and - expense basis as are provided in the CONTRACTOR'S Rate Manual at the time such services are rendered. 13. E01,D HAR.MUSS A. PRINCIPAL agrees to defend any legal action commenced against CONTRACTOR caused directly or indirectly by the wrongful or negligent acts of PRINCIPAL'S officers, employees, agents or others engaged by PRINCIPAL; and indemnify CONTRACTOR against • any liability, loss, cost or damage .including attorneys' fees resulting therefrom. D. CONTRACTOR agrees to defend any legal action commenced against PRINCIPAL caused directly or indirectly by the wrongful or negligent acts of the CONTRACTOR, employees, agents or others engaged by CONTRACTOR and to indemnify PRINCIPAL against any liability, loss, cost or damage i.ncl,udi.nq attorneys' fees resulti.nq therefrom. -7_ i �� IN WITNESS WHEREOF, the parties hereto have caused these present to be signed by their duly authorized officers as of the day and year • first above written. ATTEST: ©y: By CARL WARREN AND COMPANY A California Corporation • By: Vi/w�- r�.sS�JZ,uT V CJ • H & W INSURANCE SERVICES 16255 VENTURA BLVD., SUITE 406 ENCINO. CALIFORNIA 91436 (213( 960 -0040 TELEX 66-247a W. Fred Smith Subject: City of Rancho Cucaump The EVire Cmglany P.O. Box 370 Upland, California 91786 REVISED We are pleased to provide the following (quotation /buizbod for the captioned which is to be effective: To Be Determined 1. Coverage: Public Entity Liability CL only per form C- 17114 -A 2. Company: Transcontinental Insurance Cmpany 3. Limits of Liability: $995,000 CSL per occurrence excess $5,000 SIR 4. Deductible: $ - -- per claim and per claimant. $ - -- per occurrence. (incl. claim expense) S. Self- Insured Retentions) $ 5,000 per occ. Annual Aggregate Retained Limit: $ - -- •2)$ 10,000 Premiuml)$ 31,000- applying (Plus -- State Tax and -- Stamping Fee) as: 2)$ 36,000) ()0 Flat Charge ( ) Minimum 6 Deposit Premium Adj. at rate of: ( ) THIS QUOTE /BINDER IS FOR A "CLAIMS MADE" FORM Retro-active incep. date: Discovery Period: Prem. Charge: 7. Remarks: 1) Advise [tame of Clains Adninistrator. 2) U/L Auto $1,000,000 with CmIRerClal lklian - $22,000. This .advice is offered as evidence that insurance as described herein has been quoted/ boDni subject to the conditions and limitations of such binder(s) or covering notes) and the policy(ies) to be issued in lieu hereof. Prompt notice must be given in writing to H L W Insurance Services of any discrepancies, Inaccuracies or necessary changes. Coverage under each binder shall cease immediately upon the issuance of policy(les) or written notice of cancellation. The quote/kkd= expires in th-irty/MkKIM days. Z14TE: October 29, 1982 /dz • 71 H 6 W INSURANCE SERVICES ZTH E YOU BY: Linda Elliott L • El MEMORANDUM��� 4' Date: November 23, 1982 Oi,' F �+ U' To: City Council and City Manager 1977 - From: Bill Holley, Director, Community Services Depart nt Subject: Resolution Establishing a Park Advisory Committee (Council Business) This resolution is prepared to give Council full long term flexibility in establishing a Park Advisory Committee. The essence of the Resolution is contained in the following items: Section 2: Membership ... (b) Committee members shall be appointed by the City Council; (This is a manner by which the City Council can assure themselves the most possible flexibility in their appointments. Members may be appointed from CAC or any other body exclusive of the CAC . or for that matter someone not affiliated with any organized group.) (c) Committee members shall be representative of the broad geographical area of the City, with at a minimum, one appointed Committee member from each of the City's Zip Code Areas, 91701, 91730 and 91739; (This means that each community, Alta Loma, Cucamonga and Etiwanda will have representation on the Committee.) (d) Committee members shall be empaneled to serve on the Park Advisory Committee for terms of two (2) years, except that two of the members first appointed shall he designated to serve for a term of one (1) year, and three a term of two (2) years, so as to provide a continuity of membership on the Committee. Thereafter, the term for each voting member shall be two (2) years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. (Standard paragraph format on staggered terms of office, this one predicated on two year appointments,) (e) A Committee member may be removed upon the majority vote of the entire City Council. (HOusekeepinq item primarily ... if you say how you are going to appoint, you should also say how you are going to remove.) 7 / SECTION 3: Chairperson. The Mayor, with the approval of the City Council, shall appoint the first Chairperson from among the Committee members, subject to the following conditions... (The Planning Commission and the Historic preservation Commission have a regular designated Chairperson, and it works very well. We suggest that Council consider having an appointed Chairperson for the PAC as well.) If I can answer any questions on this Resolution, please advise. BH /mw �n C 9 • • . RESOLUTION NO. 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PARK ADVISORY COMMITTEE TO ACT IN AN ADVISORY CAPACITY TO THE CITY COUNCIL ON MATTERS PERTAINING TO PARK AND RECREATION FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga, California, has an adopted General Plan containing a Parks Element; and WHEREAS, the City Council has determined the implementation of the Parks Element of said General Plan can be enhanced through the establishment of a Park Advisory Committee; BE IT NOW, THEREFORE RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: SECTION 1: Park Advisory Committee. There is hereby created the Rancho Cucamonga Park Advisory Committee. SECTION 2: Membership. The Park Advisory Committee shall consist of five (5) voting members, subject to the following conditions: • (a) Committee members shall he residents of the City of Rancho Cucamonga; (b) Committee members shall be appointed by the City Council; (c) Committee members shall be representative of the broad geographical area of the City, with at a minimum, one appointed committee member from each of the City's Zip Code Areas, 91701, 91730 and 91739; (d) Committee members shall be empaneled to serve on the park Advisory Committee for terms of two (2) years, except that two of the members first appointed shall be designated to serve for a term of one (1) year, and three a term of two (2) years, so as to provide a continuity of membership on the Committee. Thereafter, the term for each voting member shall be two (2) years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. (e) A Committee member may be removed upon the majority vote of the entire City Council. SECTION 3: Chairperson. The Mayor, with the approval of the City Council, shall appoint the first Chairperson from among the committee •members, subject to the following conditions: (a) The term of office of the Chairperson shall be for the i calendar year, or that portion remaining after said Chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of Chairperson, the Committee shall elect a Chairperson frog among its memtzrs. SECTION 4: Administration. The Community Services Director shall act as Secretary to the park Advisory Committee and shall be the custodian of its records, conduct official correspondence, and shall generally coordinate the clerical and technical work of the Park Advisory Committee in administering this Resolution. The Community Services Director may designate an alternate to serve as secretary during the absence of the Director. SECTION 5: Duties of the Park Advisory Committee. The Park Advisory Committee shall review matters relative to park and recreation facilities as directed by City Council and provide comments or recommendations to the City Council as may be appropriate. SECTION 6: Meetings. The Park Advisory Committee shall conduct public meetings on the third Thursday of each month at 7:00 p.m. at the Lions Park Community Center, 9161 Baseline Road, Rancho Cucamonga, California. Special meetings may be held in accordance with City policy. PASSED, APPROVED, and ADOPTED this 1st day of December, • 1902. AYES: NOES: ABSENT: Attest: City Clerk City Attorney • o °" " ' > CITY OF RANCHO CUCAMONGA .V., Phillip B. Schlosser Arthur B. Bridge Jun 1). Jlikels �' James C. Frost Michael A. Palumbo ...__ .'_ - - -. ADVISORY COMMISSION APPOINTMENTS ALTA LOMA Livid Lea Vallance 11 -17 -79 to 11 -17 -83 (Dennis Stout's position) Sallv niehn 11 -17 -79 to 11 -17 -83 (Marjorie Starrr's position) Sharon Romero 11 -17 -79 to 11 -17 -83 Pao Henry 11 -17 -81 to 11 -17 -85 (Helen Blanchard's position) Anne Callnsky 11 -17 -81 to 11 -17 -85 (Mary Barlow's position) CUCAMONGA Paul Saldana to 11 -17 -83 (Chuck Buquet's position) T. Harrell Allen 11 -17 -79 to 11 -17 -83 Jim Mendez 11 -17 -79 to 11 -17 -83 Nacho Gracia 11 -17 -81 to 11 -17 -85 • Peter J. Pitassi to 11 -17 -85 (Faye Stamper's position) r l L E T 1'dA'i DA Joe White 11 -17 -79 to 11 -17 -83 Jim Banks 11 -17 -79 to 11 -17 -83 (John Vlasic's position) Can Baer 11 -17 -79 to 11 -17 -83 Neil Westlotorn 11 -17 -81 to 11 -17 -85 (Mary Lane's position) Glenn B. Rankin 11 -17 -81 to 11 -17 -85 1'OSTOITICF. BOX 807 • RANCITO CI'('A 110VC: \, CALIFORNIA 91730 • (7111949�1A.il 6963C RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE BONDS PROGRAM DEPOSIT AGREEMENT JHHW:ACH:ea 11/23/82 This Program Deposit Agreement (the "Agreement ") is entered into this day of December, 1982, by and between the Rancho Cucamonga Redcevelopment Agency (the "Agency ") and the ( "Developer "): W I T N E S S E T H: WHEREAS, the legislature of the State of California has, pursuant to Chapter 8 (commencing with Section 33750) of Part 1 of Division 24 of the California Health and Safety Code, authorized redevelopment agencies to purchase long -term low - interest rate loans to finance new residential construction in redevelopment project areas in order to encourage investment within and to upgrade such areas and has authorized such agencies to issue revenue bonds to finance the purchase of such loans; WHEREAS, the Agency proposes to undertake a Mortgage Loan Financing Program (the "Program ") to purchase loans (the "Mortgage Loans ") made to finance new single - family owner- occupied residential units (the "Residences ") to be constructed within its Rancho Redevelopment Project Area (the "Project Area ") and to issue Residential Mortgage Revenue Bonds (the "Bonds ") to finance the purchase of the Mortgage Loans; WHEREAS, the Developer is in the process of subdividing land within the Project Area and intends to construct and market new single - family residential units thereon and desires to reserve a portion of the proceeds of the Bonds to provide funds to purchase Mortgage Loans made with respect thereto; WHEREAS, in order to obtain an allocation to issue the Bonds within the federally imposed limit upon the issuance of mortgage subsidy bonds, the City of Rancho Cucamonga (the "City ") on August 31, 1982, filed, pursuant to the Costa - Marks Housing Bond Allocation Act of 1981, as amended (the "Costa -Marks Act "), a notice of sale of $66,000,000 principal amount of the Bonds with the State Mortgage Bond Allocation Committee; WHEREAS, in order for the City of Rancho Cucamonga to maintain its position for allocations in 1983 on the listing of local entities which have filed such notices, the Mortgage Bond Allocation Committee requires, among other things, that the City cause evidence of the deposit of an amount of money or, in lieu thereof, of a letter of credit, securing such amount, which amount shall be subject to the hereinafter described forfeiture upon the failure to sell any or only a portion of the Bonds; WHEREAS, upon obtaining the grant of an allocation from the Mortgage Bond Allocation Committee, the City will assign such allocation to the Agency in accordance with authority contained in the Costa -Marks Act; and WHEREAS, the Developer desires to provide a pro rata portion of the deposit required to be made in order for the City to maintain its position on the listing for allocations by the Mortgage Bond Allocation Committee in 1983, such deposit to be subject to the terms and conditions hereinafter described and as required by the Mortgage Bond Allocation Committee; NOW, THEREFORE, in consideration of the mutual promises herein set forth, and for other good and valuable consideration it is hereby agreed as follows: 1. The Developer hereby reserves g Honds (the "Reservation" to P of the proceeds of the with respect to Residences to be r constructed by thec Developergine the Project Area• Prior to the offering of the Bonds by the underwriters to its syndicate or selling group, the Developer shall, with respect to the Reservation, enter into a Commitment Contract (and Reservation of Funds), hereinafter referred to. 2. Concurrently with the execution of this Agreement by the Developer, the Developer has paid to the Agency in cash an amount of money to the Agency equal to one - quarter of one percent (.25 %) of the Developer's Reservation. 3. The Developer shall, prior to January , 1983, deliver an irrevocable letter of credit (the "Letter of Credit "), substantially in the form attached hereto as Exhibit "A", and hereby made a part hereof, securing payment to the Agency of an amount equal to one-quarter of one percent of the Developer's Reservation. In the event that the Developer shall fail timely to deliver the Letter of Credit, then the amount of actual damage sustained by the Agency by reason of such failure will be extremely difficult to fix. Accordingly, it is agreed that, in the event of any such failure on the part of the Developer, the Agency shall retain the cash portion of the program deposit paid by the Developer as liquidated damages. 4. The amount paid by the Developer in cash and the amount secured by the Letter of Credit are together the Developer's program deposit (the "Deposit „), which Deposit shall be forfeited by the Developer and shall be paid by the Agency to the City to be used by the City to assist housing for persons of low and moderate income within the City (in accordance with the requirements of the Costa -Marks Act) in the event that: (a) The Bonds are not sold within the time period specified in the Costa -Marks Act based on the grant of the allocation for the Bonds by the Mortgage Bond Allocation Committee; or (b) The Developer shall fail to execute a Commitment Contract (and Reservation of Funds), substantially in the form attached hereto as Exhibit "B” and hereby made a part hereof, prior to the offering of the Bonds by the underwriters to members of its syndicate or selling group, or the Developer shall fail to perform in accordance with the provisions of such Commitment contract (and Reservation of Funds, including, without limitation, failure by the Developer to pay any program participation fee or to post any letter of credit required thereunder. 5. It is understood that the Agency will apply that portion of the forfeited Deposit to the payment costs incurred in connection with the proposed issuance of the Bonds to the extent permitted under the provisons of the Costa -Marks Act. 6. It is further understood that the Agency will use its best efforts to cause the Bonds to be sold within the period specified in the Costa -Marks Act based on the grant of the allocation by the Mortgage Bond Allocation Committee subject, in all respects, to completion of proceedings for the issuance of the Bonds to the satisfaction of the Agency as the Agency shall, in its sold discretion, determine. 7. The cash portion of the Deposit shall be deposited by the Agency in an interest bearing trust account. 8. In the event that the Mortgage Bond Allocation Committee shall not have granted an allocation to the City for such Bonds by July 1, 1983, the Deposit (including the Letter of Credit) shall be returned to the Developer, less an amount equal to the Developer's pro rata share of expenses theretofore incurred by the Agency. The Developer's share of expenses shall be prorated based on the ratio of the Developer's Reservation to all reservations of the proceeds of the Bonds, pursuant to executed Program Deposit Agreements. IN WITNESS WHEREOF, The Agency and the Developer have caused this agreement to be executed by their duly authorized officers as of the date first above written. RANCHO CUCAMONGA REDEVELOPMENT AGENCY Executive Director (INSERT NAME OF DEVELOPER) By Insert title 69708 LETTERHEAD OF ISSUING BANK) LETTER OF CREDIT January _, 1983 Rancho Cucamonga Redevelopment Agency 9320 Baseline Road, Suite C Rancho Cucamonga, Caliornia 91730 JHHW:ACH:ea 11/23/82 N0. We establish our irrevocable Letter of Credit dated January _, 1983, in your favor for the Account of (insert name of Developer] up to the aggregate sum of (insert dollar amount equal to % of Reservation] available by your draft(s) at sight drawn on us at our office insert issuing bank address] and accompanied by the following document: A statement signed by Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, California, certifying that the drawing amount represents payment due under requirements specified in the Program Deposit Agreement dated as of December , 1982, as agreed by and between the Rancho Cucamonga Redevelopment Agency and (insert name of Developer], and constitutes an amount equal to the unpaid portion of the Program Deposit payable by [insert name of Developer] to the Rancho Cucamonga Redevelopment Agency. Except as otherwise stated, this credit is subject to the Uniform Customs and Practice Documentary Credits (1974 revision) International Chamber of Commerce Publication No. 290. This Letter of Credit expires at our counters on July 1, 1983. Very truly yours, Authorized Signature Authorized Signature EXHIBIT A 1 6951C JHHW:ACH:ea 11/23/82 COMMITMENT CONTRACT (AND RESERVATION OF FUNDS) RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE BONDS, 1983 SERIES A RESIDENTIAL MORTGAGE FINANCING PROGRAM This Commitment Contract (and Reservation of Funds) (the "Agreement ") is dated as of the date shown below and is hereby entered into by and between the Rancho Cucamonga Redevelopment Agency (the "Agency "), and the Developer shown below. The parties hereto hereby agree that the following terms, dates and amounts are a part of this Agreement: Date: Name of Developer: Project New Home Purchase Price Limitation Home Mortgage Amount Reserved: Program Participation Fee: Prepaid Deposit (Including Deposit Letter of Credit) Complete Appropriate Spaces - A or B A_ either remaining portion in cash (cash plus prepaid portion to equal % of Reservation) B or remaining portion partially in cash (cash plus prepaid portion to equal % of Reservation) plus deferred portion Letter of Credit (3.35 %) Maximum Home Mortgage Interest Rate: Anticipated Draw Dates and Amounts: Draw Periods Prior to the Last Day of the Month of As of 1, 1983 (the "Ceveloper ") (the "Project' $ (the "Reservation ") $ paid 1983 $ paid 1983 $ paid , 1983 To be delivered prior to closing _ %; subject to adjustment downward by written notice from Agency prior to closing Draw Cumulative (Principal Amount) Maximum Amount [TO BE PROVIDED BY DEVELOPER] EXHIBIT B APPROVED AND ACCEPTED upon the RANCHO CUCAMONGA REDEVELOPMENT AGEMCY terms and conditions set forth LENDER By By — Executive Director DEVELOPER: APPROVED upon the terms By and conditions set forth TRUSTEE: By Authorized Officer In addition to the above terms, dates and amounts, the parties hereto hereby agree that the terms, conditions, provisions and recitals contained in pages 2 through 9, inclusive, of this Agreement and in Exhibits A, B, C and D attached to this Agreement are a part of this Agreement. For ease of reference the parties hereto have executed this Agreement on this page by persons thereunto duly authorized all as of the date set forth above. A. Developer is in the process of subdividing land within the Rancho Redevelopment Project Area of the Rancho Cucamonga Springs and constructing and marketing residences thereon to the general public (the "Development ") B. The Agency is undertaking a Residential Mortgage Financing Program (the "Program ") and, in implementation thereof, proposes to issue Residential Mortgage Revenue Bonds, 1983 Series A (the "Bands "), pursuant to a trust indenture a draft of which has heretofore been furnished to the Developer (herein the "Indenture "). Terms defined in the Indenture are used herein with the meanings therein provided. The Bonds are being issued for the purpose of providing funds to purchase mortgage loans (the "Mortgage Loans ") made to provide permanent financing to eligible borrowers (the "Mortgagors ") for the single - family dwellings (the "Residences ") to be constructed and marketed by Developer. C. The Bonds have been sold to (the "Purchasers "). The Purchaser will use an Official Statement approved by the Agency to market the Bonds. A copy of the Official Statement has heretofore been furnished to the Developer. 0. (the "Trustee ") will act as trustee for the holders of Bonds under the Indenture and will use proceeds from the sale of the Bonds during the Commitment Period to acquire Mortgage Loans from the Lender who will enter into a Mortgage Loan Purchase Agreement and a Servicing Agreement with the Agency. Accordingly, in consideration of the above premises and for other valuable consideration the parties hereto agree to the matters contained in this Agreement. 1. Reservation of Bond Proceeds. The Agency shall reserve proceeds of the Bonds to provide funds for purchase by the Trustee from Lender of Mortgage Loans originated with respect to the Residences in the Development in the amount of the Reservation on the dates on or prior to as set forth on the first page hereof. The Agency has, in the Indenture, reserved the right, under certain circumstances, to provide for a date subsequent to , as the last date for purchase of Mortgage Loans. All purchases of Mortgage Loans will be made on the "Funding Date" as that term is defined in the Mortgage Loan Purchase Agreement . Principal amounts of Mortgage Loans shall not be delivered to the Trustee for purchase in excess of the cumulative principal amount of Mortgage Loans specified to be purchased on or before any date set forth on the front page of this Agreement. There shall be no penalty for late delivery of Mortgage Loans. "Commitment Period" as used herein shall mean the period terminating or terminating on such later date as the Agency may prescribe, as authorized by the Indenture. 2. Construction and Marketing of Residences to Eligible Mortgagors. The Developer will construct Residences within the Development in accordance with the applicable standards of, and in compliance with the land use elements and the housing element of the general plan of the City of Rancho Cucamonga. Developer will (a) use its best efforts to market Residences which shall not, in any event, exceed the Acquisition Costs (as defined in Exhibit A) permitted by the Mortgage Loan Purchase Agreement, to purchasers thereof who have not had a Present Ownership Interest (as defined in Exhibit A) during the 3 -year period prior to the date on which the Mortgage Loan is executed and who are otherwise capable of being qualified as Mortgagors and (b) cooperate with the Lender in order to permit it to originate and fund Mortgage Loans, in an aggregate principal amount equal to the Reservation and in accordance with the further provisions of the Mortgage Loan Purchase Agreement. 3. Income Oualified Persons or Families. Except as shown below, the Mortgage Loan shall be secured by a Mortgage upon a Residence which is located within the Project and the Mortgagor shall constitute an Income Qualified Person or Family, as determined from time to time by the Agency in accordance with the applicable law and as specified in the Agency's Rules and Regulations for the Program. (i) With respect to not more than $ principal amount of Mortgage Loans purchased 1�y the Trustee, there shall be no income restrictions; and (ii) With respect to the remaining principal amount of Mortgage Loans u purchased by the Trstee, Income Qualified Persons or Families means persons or families which have a Household Income which does not exceed 120% of the San Bernadino Countywide median household income (120% currently equals $ ). 4. Agreements with Lenders. The Agency agrees to enter into Mortgage Loan Purchase Agreements and Servicing Agreements (substantially in the form of the drafts thereof heretofore furnished to Developer), with the Lender and the Trustee prior to the delivery of the Bonds providing, among other things, for the purchase by the Agency from the Lender of Mortgage Loans bearing interest at a rate not exceeding the Maximum Mortgage Interest Rate at not less than one hundred percent (100 %) of their principal amounts, plus accrued interest, if any. The Developer agrees to comply with all provisions of the applicable Mortgage Loan Purchase Agreement and Servicing Agreement as well as all other applicable Program documents. In this regard, the Developer shall, prior to purchase of a Mortgage Loan pursuant hereto by the Trustee on behalf of the Agency, provide to the Lender for delivery to the Trustee the following documents: (A) A final Subdivision Report applicable to the Residence securing such Mortgage Loan issued by the Department of Real Estate of the State of California; (B) A certificate of occupancy, or its equivalent, issued by the City of Rancho Cucamonga verifying that the applicable Residence or, if applicable, the building within which such Residence is located has been finally inspected by the Agency and is released for occupancy; and (C) If applicable, a copy of the declaration of covenants, conditions and restrictions applicable to the Project whereby the homeowner's association is obligated to obtain and continue in effect a policy of Hazard Insurance, including an earthquake coverage endorsement and an inflation coverage endorsement, together with a copy of a policy of Hazard Insurance insuring the condominium project, containing a provision that said policy shall not be canceled or terminated, or permitted to expire by its terms, without ten (10) days prior written notice to the Trustee, the Agency and the Lender. 5. Program Participation Fee, Application. On the date of execution by the Developer of this Agreement, the Developer paid to the Agency the cash portion of the Program Participation Fee (in full - in part, if in part Letter of Credit must be delivered). .A Letter of Credit securing the deferred portion of the Program Participation Fee (equal to % of the principal amount of the Reservation) shall be delivered to the Agency, together with the letters described in Exhibits C and D, prior to the date scheduled for delivery of the Bonds to the Purchasers. In the event the Bonds are hereafter sold and delivered at a cost to the Agency which permits the funding of Mortgage Loans at or below the Maximum Interest Rate, the cash portion and the deferred portion of the Program Participation Fee shall be nonrefundable by the Agency to the Developer. In the event that the Bonds are not hereafter sold and delivered at a cost to the Agency which will permit the funding of Mortgage Loans at or below the Maximum Interest Rate, such Fee ;hall be refunded to the Developer less an amount equal to the Developer's pro rata share of expenses thereto,'ore incurred by the Agency. The Developer's share of expenses shall be prorated based on the ratio of the Developer's Reservation to all reservations of the proceeds of the Bonds. In the event the Bonds are sold and delivered at a cost to the Agency which will permit the funding of Mortgage Loans at an interest rate below the Maximum Interest Rate, the Agency will on the date of purchase of the Bonds by the Purchasers mail written notice to the Developer of the amount of such reduced interest rate. In the event the Bonds are sold and delivered at a cost to the Agency which will permit the funding of Mortgage Loans at or below the Maximum Interest Rate and the Developer shall fail timely to deliver the Letter of Credit, then the amount of actual damage sustained by the Agency and by the Purchasers by reason of such failure will be extremely difficult to fix. Accordingly, it is agreed that, in the event of any such failure on the part of the Developer, the Agency shall retain the cash portion of the Program Participation Fee paid by the Developer as liquidated damages. 6. Program Participation Fee - Deferred Portion (if Applicable), Letter of Credit. (a) The Developer understands that the Agency has incurred and will incur certain expenses in connection with the issuance of the Bonds a portion of which must be recovered by the Agency from Developer at the time of purchase of Mortgage Loans by the Trustee. The amount to be so recovered by the Agency represents a deferred portion of the Developer's Program Participation Fee equal to % of the Developer's Reservation. Accordingly, Developer agrees to pay the deferred portion of the Program Participation Fee in cash for the account of the Trustee concurrently with the purchase of each Mortgage Loan by the Trustee. (b) To secure payment of the Deferred portion of the Program Participation Fee, the Developer shall, at least three (3) business days prior to the date scheduled for delivery of the Bands to the Purchasers, deliver to the Agency the Letter of Credit to be posted with the Trustee on behalf of the Agency. The Letter of Credit shall be irrevocable, shall name the Trustee as beneficiary, shall authorize the Trustee to draw thereon by presenting a written statement that payment is due (including a requirement that the Bank issuing the Letter of Credit have a rating assigned by Standcard & Poor's Corporation of "AA" or better) and shall be substantially in the form attached hereto as Exhibit B. The amount of the Letter of Credit may be reduced quarterly on January 1, April 1, July I and October 1 of each year, commencing 1, 1983. The adjusted amount shall be equal to the then unpaid amount of the deferred portion of the Program Participation Fee. The Trustee shall draw on the Letter of Credit in an amount equal to the then unpaid amount of the deferred portion of the Program Participation Fee (a) at any date on which the Letter of Credit expires or (b) at the end of the Commitment Period. 1. Developer Representations, Warranties and Covenants. The Developer represents and warrants to and covenants with the Agency as a part of this Agreement, and, in order to induce the Purchasers to purchase the Bonds, represents and warrants for the benefit of the Purchasers, as follows: (a) The Developer has reviewed the description of the Developer and the Project contained in the Preliminary Official Statement. Such description does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained thereiq, in the light of the circumstances under which they were made, not misleading. (b) Except as described in the Preliminary Official Statement, (i) the Developer holds good and marketable title in fee simple to the real property described in the Preliminary Official Statement as constituting the Project or has the right to acquire such title as described therein subject only to encumbrances of the type defined in the Indenture as "Permitted Encumbrances" and the lien of any construction financing and purchase money deeds of trust; and (ii) such real property is currently zoned to permit the construction of single-family dwelling units of the type proposed to be constructed thereon. (c) The Residences to be constructed in the Project will be eligible for private mortgage insurance and will be constructed in accordance with all applicable building codes and regulations and with the land use element and housing element of the general plans of the Agency or the applicable city within the Agency and will conform to the description thereof set out in the Preliminary Official Statement. (d) The Developer is not in default in any material respect under any agreement, indenture, mortgage, lease, note or other obligation or instrument to which it is a party and the consummation by it of the transactions covered by this Agreement, the Purchase Contract or the Preliminary Official Statement will not conflict with, or constitute a default under, any such agreement, indenture, mortgage, lease, note or other obligation or instrument. (e) To the knowledge of the Developer, there is no action, suit, proceeding, inquiry or investigation at law or in equity, before or by any public board or body pending or threatened against or affecting the Developer, or any basis therefor, wherein an unfavorable decision, ruling or finding would adversely affect the transactions on the part of the Developer contemplated by the Preliminary Official Statement. (f) The Developer has read and understands the intended application of the provisions of the Mortgage Loan Purchase Agreement and the Servicing Agreement referred to in Section 4 above and agrees to cooperate with the Lender fully in its investigations and other duties described in the Mortgage Loan Purchase Agreement. (g) Applicable provisions of the Mortgage Loan Purchase Agreement require that, prior to the purchase of a Mortgage Loan by the Trustee on behalf of the Agency, the Developer shall execute and deliver an affidavit (the "Seller's Affidavit" - in form attached to the Mortgage Loan Purchase Agreement) duly sworn affirming, among other things: (1) LhaL the Residence is a single- family Residence located within the boundaries of the City of Rancho Cucamonga, the construction of which is complete; (2) that all of the land being sold with the Residence reasonably maintains the basic livability of the Residence, and the land is not subject to further subdivision; (3) that the Acquisition Cost of the Residence does not exceed one hundred ten percent (110 %) of the Average Area Purchase Price (as defined in Exhibit A); (4) that the settlement and financing costs do not exceed the usual and reasonable costs that would be paid by the Mortgagor where financing was not provided through the Bonds; (5) that the Developer has not entered into any agreement with the Mortgagor pursuant to which the Mortgagor has agreed to pay monies in excess of the Acquisition Cost of the Residence (other than rentals, in an amount not to exceed the fair rental value of the Residence as determined by the Lender, pursuant to a temporary rental agreement with the proposed Mortgagor pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence) or pursuant to which any portion of the Residence has been left unfinished or any fixtures or other architectural appointments have been omitted or removed from the Residence in order to reduce the Acquisition Cost; (6) that the Residence is not located on leased land or if the Residence is purchased subject to any ground lease, the capitalized value of such ground lease is included in the Acquisition Cost; (1) that the Residence has not been previously occupied, except pursuant to a temporary rental arrangement with the proposed Mortgagor pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence; used to acquire or (8) replace oano existing tmortgagee of deed Mae trust,L others lthan construction or other temporary financing. 8. Opinion of Developer's Counsel Developer's Reaffirmation. The Developer will, prior to the delivery of the Bonds to the Purchasers, furnish to the Agency and to the Purchasers an opinion of Developer's counsel substantially in the form of Exhibit B attached hereto. In addition, the Developer will furnish to the Agency and the Purchasers a letter of the Developer dated as of the date the Bonds are delivered to the Purchasers and substantially in the form of Exhibit C attached hereto. 9. Interest Rate "Buvdown". The Developer shall be entitled to cause th certain of e monthly payments due from the Mortgagor on any Mortgage Loan to be reduced by paying to the Trustee at the time of purchase by the Trustee of such Mortgage Loan the total of the aggregate amount by which the monthly payments are to be so reduced but only as follows: (a) The payment -to- income ratio of the Mortgagor and the obligations - to- income ratio of the Mortgagor (and of any guarantor) shall be not less than the current underwriting requirements of FNMA or FHLMC and shall demonstrate qualification of the Mortgagor for a Mortgage Loan on the basis of payments applicable during the first year of the Mortgage Loan after taking into account the reduction in the Mortgagor's monthly payments during the first year; (b) the Developer must deposit money in a trust account for the benefit of the Mortgagor with monthly releases scheduled which serve to reduce the Mortgagor's payments during the early years of the term of the Mortgage Loan; (c) the term of the "buydown" period may not be less than one year or more than three years; (d) the "buydown" may not have the effect of reducing the Mortgagor's monthly payments by more than an equivalent of reducing the Maximum Mortgage Interest ?ate by three percentage points; (e) any decrease in the amount of the "buydown" must occur annually and no such decrease for any one year may exceed one percentage point; by FDIC; (f) the trust account must be held by the Trustee and must be insured (g) the Mortgage Loan may make no reference to the "buydown" and the interest rate and monthly payments provided in the Mortgage Loan may not take into account the "buydown "; (h) the trust agreement with the Developer must require the Trustee to credit monthly payments to the Lender for the account of the Mortgagor; (i) the trust agreement must provide for any interest on the trust account to be paid to the Developer or remain in the trust and for reversion of 7 moneys held in the trust account to the Developer if the Residence is sold by the Mortgagor or the Mortgage Loan is prepaid in full, whether voluntarily or involuntarily; (J) the moneys for the "buydown" must be placed in the trust account prior to purchase of the Mortgage Loan by the Trustee and must be sufficient (without interest unless interest is to remair, in the trust account and the Trustee agrees to a fixed rate of interest for the full term of the trust) to make all monthly payments provided under the " buydown"; and (k) the Mortgagor's only interest in the escrowed moneys is to have them applied to payments due under the Mortgage Loan as provided in this paragraph and such moneys may not be used to pay past due payments of the Mortgagor. The Developer shall pay the amount referenced in this paragraph 9 at the time of purchase by the Trustee of the Mortgage Loan on behalf of the Agency by paying (or otherwise causing to be credited) into the escrow for such purchase (referred to in Section 4 of Exhibit A of the Mortgage Loan Purchase Agreement) such amount to the account of the Trustee on behalf of the Agency. The escrow company shall disburse such amount directly to the Trustee upon the close of such escrow. The Developer shall compensate the Trustee for any charges of the Trustee in administering the trust account. 10. Transfer of Reservation. In the event that the Developer shall not desire use of the total Reservation, such Developer may transfer such portion of the total Reservation as the Developer shall determine appropriate to any other developer which has entered into a Commitment Contract (and Reservation of Funds) with the Agency for use exclusively with respect to a development described in such Commitment Contract (and Reservation of Funds). The Developer shall not, however, in such event be entitled to a refund from the Agency of any portion of the Program Participation Fee paid by the Developer. Any developer accepting such transfer of a portion of the total Reservation shall oav, and may ^nly pay, to the Developer such pro rata portion of the Program Participation Fee as shall represent the portion of the total Reservation transferred pursuant to this paragraph 10. 11. Bondholders. Neither the Developer nor any Lender am -raving and accepting this Agreement shall become, directly or indirectly, holders of the Bonds. 12. Equal 0 portunity No Discrimination. The Developer shall assure that all contractors and subcontractors engaged in Residential Construction shall provide equal opportunity for employment, without discrimination as to race, sex, marital status, color, religion, national origin or ancestry. All contracts and subconstracts for Residential Construction shall be let without discrimination as to race, sex, marital status, color, religion, national origin or ancestry. It is the policy of the Agency to encourage participation by minority contractors. 13. Pledge or Assignment. The Agency may at any time assign or pledge for the benefit and security of the holders of Bonds any or all of its rights under this Agreement, and thereafter this Agreement shall not be terminated, modified or changed by the Agency or the Developer except in the manner, if any, imposed by the terms and provisions of such assignment or pledge. The Developer may nog,- assign or transfer any of its rights or interest pursuant to this Agreement without the prior written consent of the Agency. 14. Governing Law. All questions with respect to the construction of this Agret tnt, and the rights and liability of the parties hereto, shall be governed by the laws of the State of California 15. naragraph Headings and _References. The headings of the several paragraphs hereof shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Agreement. 16. Severability. If any term or provision of this Agreement or the application thereof shall to any extent be invalid or unen`orceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the extent permitted by law. To the extent permitted by applicable law, the parties hereby waive any provision of law which would render any of the terms of this Agreement unenforceable. 17. Waiver. No failure on the part of any party hereto to enforce any covenant or provision herein contained, or any waiver of any right hereunder, shall discharge or invalidate such covenant or provision or affect the right of such party to enforce the same in the event of any subsequent breach or default; failure to demand strict performance of any covenant or condition of this Agreement shall not be deemed a waiver of such covenant or condition. 18. Indemnity. The Developer shall indemnify the Agency and the Trustee and hold them harmless of and from any and all loss, penalty, fine, forfeiture, reasonable attorneys' fees, damage or expense that any of them may sustain or incur as a result of any failure on the part of the Developer to perform its services, duties and obligations under the terms and provisions of this Agreement. 19, Time. Time is of the essence of this Agreement. 20, Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Acquisition Cost means the cost of acquiring a Residence from the Developers or other sellers as a completed residential unit. "Acquisition Cost" includes all amounts paid, either in cash or in kind, by the Mortgagor (or a related party for the benefit of the Mortgagor) to the Developer or other seller (or a related party for the benefit of the Developer or other seller) as consideration for the Residence. If the Residence is purchased subject to a ground lease then the term "Acquisition Cost" includes the capitalized value of any ground rent payable with respect thereto. If a Residence is incomplete, the term "Acquisition Cost" includes the reasonable cost of completing the Residence whether or not the cost of completing construction is to be financed with Bond proceeds. For example, where a Mortgagor purchases a building which is so incomplete that occupancy of the building is not permitted under local law, the term "Acquisition Cost" includes the cost of completing the building so that occupancy of the building is permitted. As a further example, where a Mortgagor agrees to purchase fixtures at a separate price from the seller or otherwise, the term "Acquisition Cost" includes the price paid for such fixtures. The term "Acquisition Cost" does not include usual and reasonable settlement or financing costs. "Settlement costs" include titling and transfer costs, title insurance, survey fees, and other similar costs. "Financing costs" include credit reference fees, legal fees, appraisal expenses, "points" which are paid by the buyer (but not the seller, even though borne by the Mortgagor through a higher purchase price) or other costs of financing the Residence. However, settlement costs and financing costs are excluded in determining Acquisition Cost only to the extent that such amounts do not exceed the usual and reasonable costs which would be paid by the buyer where financing is not provided through the Bonds. For example, if the Mortgagor agrees to pay to the seller more than a pro rata share of property taxes, such excess shall be treated as part of Acquisition Cost of a Residence. In addition, if the Mortgagor agrees to pay to the seller an amount sufficient to pay outstanding assessment liens, such payment shall be treated as part of Acquisition Cost of a Residence. The term "Acquisition Cost" also does not include the value of services performed by the Mortgagor or members of the Mortgagor's family in completing the Residence. Average Area Purchase Price means the average area purchase price determined for homes which have not been previously occupied as published by the United States Treasury Department for application to the jurisdiction within which the Residence is located or, if higher, such amount as shall be determined by the Agency, (based upon (i) a comprehensive survey (which survey shall be based upon data in the relevant county assessor's office) of residential housing sales in the appropriate statistical area, and (ii) the opinion of nationally recognized bond or tax counsel that a purchase price determined by the Agency shall not cause the interest on the Bonds to be subject to Federal income taxation) as the average purchase price of all applicable single - family residences in said statistical area for the most recent twelve (12) month period for which sufficient statistical information is available. EXHIBIT A 1 Present Ownership Interest (not applicable to last 10% of Developer's Reservation) includes (i) a fee simple interest; (ii) a joint tenancy, a tenancy in common, or tenancy by the entirety; (iii) the interest of a tenant - shareholder in the cooperative; (iv) a life estate; (v) a land contract (i.e., a contract pursuant to which possession and the benefits and burdens of ownership are transferred although legal title is not transferred until some later time); and (vi) an interest held in trust for the Mortgagor (whether or not created by the Mortgagor) that would constitute a present ownership interest if held directly by the Mortgagor. The term "Present Ownership Interest" excludes (i) a remainder interest; (ii) a lease with or without an option to purchase; (iii) a mere expectancy to inherit an interest in a principal residence; (iv) the interest that a purchaser of a residence acquires on the execution of a purchase contract; and (v) an interest in other than a principal residence during the previous three (3) years. EXHIBIT A 2 M (LETTERHEAD OF ISSUING BANK) LETTER OF CREDIT January _, 1983 [Insert Name and Address of Trustee] We establish our irrevocable letter of Credit dated , 1983, in your favor for the Account of [insert name of Developer] up to the aggregate sum of [insert dollar amount equal to % of Reservation] available by your draft(s) at sight drawn on us at our office linsert issuing bank address] and accompanied by the following document: A statement signed by [Insert name of Trustee], Trustee for the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, California, certifying that the drawing amount represents payment due under requirements specified in the Commitment Contract (and Reservation of Funds) dated as of 1983, as agreed by and between the [Insert name of Trustee Trustee for the Rancho Cucamonga Redevelopment Agency and (insert name of Developer], and constitutes an amount equal to the unpaid portion of the Program Deposit payable to [insert name of Trustee] for the Rancho Cucamonga Redevelopment Agency. The amount of this Letter of Credit may be periodically reduced upon receipt by us of a statement jointly signed by the Trustee for the Rancho Cucamonga Redevelopment Agency and [Insert name of Developer] specifying the amount of the reduction and the effective date thereof. Except as otherwise stated, this credit is subject to the Uniform Customs and Practice Documentary Credits (1974 revision) International Chamber of Commerce Publication No. 290. This Letter of Credit expires at our counters on: Very truly yours, Authorized Signature Authorized Signature EXHIBIT B 1 (Letterhead of Counsel to Developer) (Date) Rancho Cucamonga Redevelopment Agency Stone & Youngberg One California Street Suite 2800 San Francisco, California 94111 Rancho Cucamonga Redevelopment Agency Residential Mortgage Revenue Bonds 1983 Series A Dear Sirs: We have acted as special counsel for (name of Developer) (the "Developer ") in connection with its participation in the residential development, located in the Rancho Redevelopment Project Area (the "Development "), the permanent financing for which is proposed to be provided from proceeds of Residential Mortgage Revenue Bonds, 1983 Series A (the "Bonds ") being issued by the Rancho Cucamonga Redevelopment Agency (the "Agency ") pursuant to a resolution of the Agency. The Bonds have been sold to Stone & Youngberg, as purchasers thereof. In that connection we have examined originals or copies identified to our satisfaction of the Commitment Contract (and Reservation of Funds) between the Developer and the Agency (the "Commitment Contract (and Reservation of Funds) "), the parts of the preliminary Official Statement relating to the Bonds which describe the Developer and the Development and such other documents we deemed necessary in order to render this opinion. Based on the foregoing, we are of the opinion that: (i) The Developer is a duly created and lawfully existing California (corporation) (general partnership) (limited partnership). (ii) The Commitment Contract (and Reservation of Funds) has been duly authorized, executed and delivered by the Developer and constitutes a valid, legal and binding instrument enforceable against the Developer in accordance with its terms. (iii) The carrying out by the Developer of the transactions contemplated by the preliminary Official Statement will not violate the (Article of Partnership) (Charter or Bylaws) of the Developer or any court order by which the Developer is bound, and will not violate the provisions of, or constitute a default EXHIBIT C 1 under, any agreement, indenture, mortgage, lease, note or other obligation or instrument to which the Developer is a party and, except as indicated in the preliminary Official Statement, no approval or other action of any governmental authority or agency is required in connection therewith. (iv) To our knowledge, except as set forth in the preliminary Official Statement, there is no action, suit, proceeding, inquiry or investigation at law or in equity cr before or by any public board or body against or affecting the Developer or any basis therefor, wherein an unfavorable decision, ruling or finding would adversely affect the transactions on the part of the undersigned contemplated Dy the preliminary Official Statement. (v) To our knowledge, the Developer is not in default in any material respect under any agreement, indenture, mortgage, lease, note or other obligation or instrument to which it is a party and the consummation by it of the transactions covered by this letter, the Purchase Contract or the preliminary Official Statement will not conflict with, or constitute a default under, any such agreement, indenture, mortgage, lease, note or other obligation or instrument. We have reviewed the description of the Developer and its activities in the preliminary Official Statement dated , 1983. Nothing has come to our attention which would lead us to believe that such description contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they are made, not misleading. Very truly yours, (To be delivered to Agency prior to delivery of the Bonds to the Purchaser) EXHIBIT C 2 (Letterhead of Developer) (Date) Rancho Cucamonga Redevelopment Agency Stone & Youngberg One California Street Suite 2800 San Francisco, California 94111 Rancho Cucamonga Redevelopment Agency Residential Mortgage Revenue Bonds 1983 Series A Dear Sirs: We refer to the Commitment Contract (and Reservation of Funds) dated as of 1983, between the undersigned and the Rancho Cucamonga Redevelopment Agency. We hereby reaffirm as of the date hereof and as though made at the date hereof the representations and warranties made by us in said Commitment Contract (and Reservation of Funds) except that, for purposes of this letter all references to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement dated 1983, of the Agency relating to the Bonds. Very truly yours, (To be delivered to Agency prior to delivery of the Bonds to the Purchaser) EXHIBIT 0 1 SELLER'S AFFIDAVIT RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE BONDS The undersigned, as proposed seller of a residence to a Mortgagor, for a residence the permanent financing of which will be provided by the Rancho Cucamonga Redevelopment Agency from the proceeds of its Residential Mortgage Revenue Bonds, 1983 Series A, and to induce the private insurer of the applicable Mortgage Loan to provide private mortgage insurance, does hereby declare and certify, under penalty of perjury that each of the following statements is true and correct: (1) that the Residence is a single- family Residence, the construction of which is complete; (2) that all of the land being sold or leased with the Residence reasonably maintains the basic livability of the Residence, and the land is not subject to further subdivision; (3) that the Acquisition Cost of the Residence does not exceed ninety percent (90%) of the Average Area Purchase Price; (4) that the settlement and financing costs do not exceed the usual and reasonable costs that would be paid by the Mortgagor where financing was not provided through the Bonds; (5) that the seller has not entered into any agreement with the Mortgagor pursuant to which the Mortgagor has agreed to pay moneys in excess of the Acquisition Cost of the Residence (other than rentals, in an amount not to exceed the fair rental value of the Residence as determined by the Lender, pursuant to a temporary rental agreement with seller pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence) or pursuant to which any portion of the Residence has been left unfinished or any fixtures or other architectural appointments have been omitted or removed from the Residence in order to reduce the Acquisition Cost; (6) that the Residence is not located on leased land or, if the Residence is purchased subject to any ground lease, then the capitalized value of such ground lease has been incouded in the Acquisition Cost; (7) that the Residence is located within the boundaries of the City of Rancho Cucamonga; (8) that no portion of the proceeds of the Mortgage Loan will be used to acquire or replace an existing mortgage or deed of trust, except for construction or other temporary financing; (9) that the Residence has not been previously occupied except pursuant to a temporary rental arrangement with seller pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence; Exhibit E 1 SELLER'S AFFIDAVIT RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE BONDS The undersigned, as proposed seller of a residence to a Mortgagor, for a residence the permanent financing of which will be provided by the Rancho Cucamonga Redevelopment Agency from the proceeds of its Residential Mortgage Revenue Bonds, 1983 Series A, and to induce the private insurer of the applicable Mortgage Loan to provide private mortgage insurance, does hereby declare and certify, under penalty of perjury that each of the following statements is true and correct: (1) that the Residence is a single - family Residence, the construction of which is complete; (2) that all of the land being sold or leased with the Residence reasonably maintains the basic livability of the Residence, and the land is not subject to further subdivision; (3) that the Acquisition Cost of the Residence does not exceed ninety percent (90 %) of the Average Area Purchase Price; (4) that the settlement and financing costs do not exceed the usual and reasonable costs that would be paid by the Mortgagor where financing was not provided through the Bonds; (5) that the seller has not entered into any agreement with the Mortgagor pursuant to which the Mortgagor has agreed to pay moneys in excess of the Acquisition Cost of the Residence (other than rentals, in an amount not to exceed the fair rental value of the Residence as determined by the Lender, pursuant to a temporary rental agreement with seller pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence) or pursuant to which any portion of the Residence has been left unfinished or any fixtures or other architectural appointments have been omitted or removed from the Residence in order to reduce the Acquisition Cost; (6) that the Residence is not located on leased land or, if the Residence is purchased subject to any ground lease, then the capitalized value of such ground lease has been incouded in the Acquisition Cost; (7) that the Residence is located within the boundaries of the City of Rancho Cucamonga; (8) that no portion of the proceeds of the Mortgage Loan will be used to acquire or replace an existing mortgage or deed of trust, except for construction or other temporary financing; (9) that the Residence has not been previously occupied except pursuant to a temporary rental arrangement with seller pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence; Exhibit E 1 (10) that the seller has read the affidavit and the definitions of Acquisition Cost and Average Area Purchase Price attached to the affidavit; (11) that the seller has been informed and understands that authorized representatives of the Lender intent to conduct investigations to assure the truth of the aforementioned facts at the time of execution by the seller of the affidavit and that the seller agrees to provide such information or access to information, including but not limited to business records of the seller, as will assist the Lender in its investigation; (12) that the seller is informed and understands that perjury is punishable by imprisonment in the state prison for up to four years and, in addition, that falsification of the affidavit may cause seller to be liable in a civil suit for monetary damages. Subscribed and sworn to before me under oath this day of 19 Notary Public in and for the County of Exhibit E 2 f". , ,f a calculations shall be added together to determine the minimum fee for the subdivision as a whole for the Purpose of determining dedication requirements.-I. SECTION 3: Chapter 16.32 of the Rancho Cucamonga 1•:unicipal Code is horeby amended by adding Subsection G to read as follows: to Section 16.32.030 ' "(G) Planned developments and real estate devel- opments as defined in Sections 11003 and 11003.1, respectively, of the California Business and Professions ,Code, shall be eligible to receive a credit, in an amount doh = 'fin'&' -1-ti •' against the amo' o land required to be' edicated,K or 4v the amoun the fee imposed, pursuant to for th value of rivate o e ace within the sdevelop- ment whIC i's u ble fo active recreational uses. This subsection shall apply On y to planned developments -J and real estate developments for which tentative maps' or parcel maps are approved_or conditionally approved. after December 31, 1982. , _;The credit allowable pursuant to this subsection shall, if applied for, be in lieu of any other credit allowable under other provisions of this chapter. SECTION 4: Notwithstanding any other or or provision of State la ordinance resolutiolaw of the City of Rancho Cucamonga, in the event of a final judicial determination that any fee or dedication requirement imposed by Chapter 16.32 of the Rancho Cucamonga Muni C ci.pal Code, either as it existed prior to the effective date of this ordinance, or as amended by this ordinance, is in excess of the ma::imum permitted by State law, such fee or dedication'require- ment, or both, shall be deemed reduced quantit to and fixed at the maximum y cr amount that the Court determines right have been law- fully imposed by the City pursuant to an ordinance adopted under the authority of California Government Code Section 66477. SECTION 5: The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrasa or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or Portions thereof be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, then all other provisions thereof shall remain in full force and effect. SECTION 6: The Mayor shall sign this Ordinance and the Citv,tier:, Clerk shall attest to the same, and the City Clerk shall . the' „y, •� same to be published within fifteen (15) cause days after its passage, at luast once in The Daily RO)nrt, a newspaper of general circulation,'..':” Published in the City of Ontario, California, and circulated in the•.y ^'� City of Rancho Cucamonga. ,,. APPROVED and ADOPTED this day of,(_ -2- r_ 4 i f SB 1785 1 2 3 4 5 6 .7 Aa pn oiiari� ` r�Ygi r -Vr Tees or 8 Land or fees requ�ired �d under his�."Unceon shall be 9 conveyed or paid directly to the local public agency 10 which provides park and recreational services on a 11 communitywide level and to the area within which the 12 proposed development will be located, if such agency 13 elects to accept the land or fee. The local agency 14 accepting such land or funds shall develop the land or use 15 the funds in the manner provided herein. 16 In the event park and recreational services and 18 or ca? county, the amountpand location no of acity 19 dedicated or 'fees to be paid shall, subject to subdivision 20 (b), be jointly determined by the city or county having 21 jurisdiction and such public agency. 22 The provisions of this section do not apply to 23 commercial or industrial subdivisions; nor do they apply 24 to condominium projects or stock cooperatives which 25 consist of the subdivision of airspace in an existing 26 apartment building which is more than five years old 27 when no new dwelling units are added.^ 28 Planned developments and real estate developments, 29 as defined in Sections 11003 and 11003.1, respectively, of 30 the Business and Professions Code, shall be eligible t 31 —6— be required to be paid by the owner of each such parcel 41 as a condition to the issuance of such permit. S�yyrr _ �I i t receive a credit, ns detertnined b o 32 against the amount of land required to bededicated orl i �- a. 33 the amount of the fee imposed, pursuant to this section, !� 34 for the value of private open space within the L 35 development which is usable for active recreational uses. 36 Park and recreation purposes shall include land and 37 facilities for the activity of "recreational community s' 38 ardenin g g," which activity consists of the cultivation by 39 persons other than, or in addition to, the owner of such 40 land, of plant material not for sale. 95 1W 1 .. 'Ail swaw~ f/d& 7 ;04" 8389 Baker Avenue Rancho Cucamonga. California 91730 Nov. 1,, 1982 3anc,.c Cucamonga City ,!cuncil ?ox 807 9320 Saseline ?d.. Suite C 3ar.c:cc Cucamonga, Cc_'fornia 93730 wear Mayor Mikels and Members of City Council: As ::ou know, I became the responsible owner of Sycamore Villa Mobilehome Park March of 1982. :his has been a progressive year, yet a costly one for me. Several projects were accomplished which the management and I feel improved the overall living environment, plus helped to increase the value of the individual mobilehomes. There was renewing and refurbishing of such things as the pool tables, jacuasi, I aundry rooms and the street asphalting. These were all of top priority because of deferred maintainence. ^::erefore the rent increase for the Park's annual date of Fetruary 1, 1983 will be nigher than I would other- wise initiate. it wil': be $15 which is 10.25. I would be more than willing to sit down with residents and come up with a one or two year lease, if they so desire. These costs were justified and necessary to maintain the standards of the Park. I thank you for your wisdom and understanding of my desire to be fair and progressive with Sycamore Villa. ?lease contact me if you care to discuss this further. Ci ;y Manager ,,(S /ipcerely, Cathle Done 3' /OF 97 FALL.........1977 J VOLUME $....NO. 1 CASA DE RANCHO CUCAMONGA HISTORICAL SOCIETY CUCAMONGA. CALIFORNIA Secial ANNOpUNCEMENT ANNUAL MEETING I!. ANNUAL MEETING !! -he Annual !eetin� of the Casa de Ranr. o Cucamonea Historical Society has been sr. *cduled for rovember 9, l97?.. Activities will be held at the. ?'.istoric Pains louse commencin? at 7:90 F.K, that Wednesday eveninr. !'a;or iters of business will be a presentation of the Annual Report, a election of three (3) Directors, and a pro ^rar which has not been formal- izer at this writing. 7o aid rembers and stranrers to lo- cate the °,aino `:onse ne are inc.ludirs a rip show; cr the location of the r.eetinr site. An invitation is extend- ed to all merbern and friends of the society to attend.. Several ters of local interest and importance will be presented to the membershin. HOME OF JOHN AND MERCED RAINS 7869 Vineyad Aeenue•Cuennonp, CelUmnis UO ram Ave. 4P Jr e t1tierbad t _ day.. Museum Assoc. Acquires Cucamo a's "Cristmas House" Cucamonga's "Christmas House," a Vic- torian mansion built in the first years of the 20th century, has been acquired by the Museum AssociatioY, as a gift from Mr. Thomas 0. McCutchan of Pasadena. In possession of the Whitson family for many decades, the house and surrounding property were purchased by McCutchan and Associates, Inc. for development. Not wishing to destroy the old house, a recorded Point of Historical Interest in the County, Mr. McCutchan deeded the mansion and carriage house, and slightly less than one acre of land, to the Mu- northern California redwood, is located at 9240 Archibald Avenue. It was so named because of the use of green and red stained glass in some of the win- dows, and of the holiday festivities which were held there each December. Mrs. Whitson has indicated that she would leave certain articles of furni- ture in the house if it were acquired by the Museum Association. The house is now occupied by Mr. Howard Johnson, who is serving as the curator -care- taker. It is not yet open to the pub- lic. Reproduced from the San Mernardi.no County Museum Association Newsletter Volume X11, No. 3, March, 1977. :rnardino County Museum Association ILI 74 1 71 ANCIENT FOOTPRINTS UNCOVERED CHRISTMAS HOUSE SOLD One of the most exciting discoveries of recent archaeology was the discovery The "Christman House," a Victor - ian earlier this summer of ancient foot- mansion built in Cucamonga in the early 20th century and acquired prints on a hardened clay surface in a salvage archaeological excavation along last year by the Museum Association to insure the Mojave River north of Victorville. its preservation and res- Radiocarbon dating of carbon deposits toration, has been sold to John and Cacilia above the prints indicates an age of Morrison of Upland. Terms e: the sale include a guarantee of from 4200 to 4600 years before the pres- preservation of the house, which ent. The excavation has been conducted by entails a considerable expenditure for renovation and restoration, and an archaeological team from the Univer- availability of the bouse for an city of Riverside under the field direc- annual "open tion of Carol Rector. public house" during the holiday season. The many footprints appear to have been made by two adults, probably a man The house, located at 9240 Archi- bald and a woman, and two children, walking Avenue and formerly in the possession of the Whitson family, in the soft clays and silts along the ancient Mojave River. Since the clay was given to the Museum Association by Thomas appears to be fire - hardened, it seems McCutchan, a Pasadena de- veloper, so that the building could likely that a grass or brush fire passed be saved. The Association Board of over the area shortly after the tracks were made. Centuries of subsequent Directors, reacting to a reduced County Museum budget, felt that it flooding then built up several feet of land deposit above the clay layer. should not allocate funds required elsewhere for the immediate needed repair, if alternatives for preser- COUNTY HOSTS RARE BIRD vation presented themselves. Since the primary object of the Associa- A Prothonotary Warbler was recently sighted toopreventgitsidestmetione in the Kelso area by Steve and Gene Cardiff, and tom insure its This bird, a summer inhabitant of the south. preservation, the sale of the house under the existing eastern United States and winter migrant to Southern Mexico and Central America, terms appears to be most satisfsc- evidently got off course because of bad weather or navi- tory for all parties concerned. gational error, and sought rest and refuge in the Kelso oasis. Apparently this is the first sighting of this bird in DOCENT COUNCIL RUMMAGE SALE AT MU- San Bernardino County, SEUM, Sunday afternon, October B. AUGUST 8 SEPTEMBER, 1978 VOLUME 13, NOS. 8 8 9 `rySan Bernardino Name CHRISTMAS HOUSE ACONg Archibald Avenue, Cucamonga iisforicol Significance: In 1904, H. D. Cousins constructed a massive Victorian -style home. Most f the house was built with Northern California redwood. The structure was shiplapped atween the inside and outside walls as well as between layers of the floors. The Tusins family planned to carry on a thoroughbred horse business on the acreage surrounding Le house. Six years after its construction, Christmas House was sold to the John Whitson <- Lmily. Whitson became involved in citrus endeavors and egg ranching. The home was used Christmas House for its green and red stained -glass windows and the holiday festivities Lich were held there in December. The house stands, today, a testimony to its name. THIS POINT OF HISTORICAL INTEREST IS NOT A STATE REGISTERED HISTORICAL LANDMARK. ZECOMMEMDEM APPROVFpp_ 47 Jr�. (n,(144m6w1 aiot RF9�ly n� san=r Cheirm L.. rl Ada, Comnn v T ( ".147 u.m nw.+o ,mnnn0an c F' t .<sl� 1y t t i gob t$ STORM SUMMARY Trees Down Either in Power Lines and /or Btockin a Etiwanda south of Victoria Euc., Base Line west of Etiwanda (Euc.) Amethyst and Palo Alto (Large Trees in Power Lines) Stafford, cross street Turner La Ronda west of Hellman (3) Baker south of Foothill (Pine) Klusman north of Base LIne Jadeite and Balsa 9th Street east of Madrone Hellman south of 19th Turner 100' south of Arrow Arrow west of Vineyard Hellman south of 7th Base Line west of Turner Approximately 150 calls have been received reporting parkway trees down, broken in half, and leaning. Most reports indicate trees completely destroyed. Traffic signals were out everywhere in the City except at: Foothill and Vineyard, Grove and Foothill, Grove and San Bernardino Road and San Bernardino Road and Foothill. Trees hit houses at: 10123 Candlewood House behind Neighborhood Center at 9171 Arrow Trees hit cars at: 7620 Amethyst 7855 Sierra Vista Streets Closed Beryl south of 19th Amethyst south of 19th Hermosa and Base Line Arrow west of Vineyard Hellman south of 8th Turner south of Arrow Baker south of Foothill 2. Mist ^rir, na �.,;, if V.nor:n: uyn,�OUSjL7;i_HOU. I 11 °0'Li_ WHITSON HOUSi 1510__ 3. Rrret or rural address: 9240 ARCHIBALD AVE San City: RANCHO CUCAMONGA, GA. _ Zip: 91730 County: Bernardino -rAx r.�E Assessor's parcel no. O ®r C'— C���,� -} j Zone: I COI f}RFA Legal description:_ – 4. Present oo:ner, if known: John Morrison (1978) Address: 9240 Archibald City: Rancho Cucamonga,CA. Zip; 91730 Crnership is: pu`?lic private * _ — 5. presert L'Se: Residence— Original Use: Other past uses: Residence •* Upon completion of restoration property will be open upon specified date(s) for public visitation. DESCRIPTION 6. Briefly describe the present physical appearance of the site or structure and describe any major alterations from its original condition: Present physical condition "Fair ". The house is undergoing extensive restoration by the present owner. Plans are being made for landscaping thegrounds. Owner is living in the carriage house during the restoration period, does not plan any major alterations. 7. Locational sketch map (dram and label 8. site and surrounding streets, roads, and prominent landmarks): Cucamonga W 8 th St. 7 Q 7 th St, C DaarBrook St, T Dearbrook St. v IT 6 th St. 6th St N 19 10 11, Approximate property size: Lot size (in fee*_) 130 ft. Frontage Depth_ or approx. acreage One (1) acre, Condition: (check one) a. Excellent_ b. Good_ c. Fair x d. Deteriorated_ e. No longer in existence_ Is the feature a. Altered? Restored b. Unaltered ?__ Surroundings: (check more than one if necessary) a. Open land_ b. Residential X C . Scattered buildings_ d. Densely build-up^ e. Commercial x f. Industrial_ g. Other 13. Dates of enclosed pho Myraph(s) 11/12/78 Daily Report ,August 1979 -COTE: The following (Items 14 -19) are for structures only, 14. Primary exterior building material: a. Stone x b. Brick c. Stucco_ d. Adobe e. Wood x f. Other 15. Is the structure: a. On its original site? x b. I-loved? c. Unknown? 16. Year of initial construction 1904 This date is: a. Factual x b. Estimated 17. Architect (if known): 18. Builder (if known): H.D.CODSINS 19. Related features: a. Barn_ b. Carriage house x c. Outhouse_ d. Shed(s)_ e. Formal gardens) f. Windmill g. Watertower /tankhouse h. Other i. None SIGNIFICANCE 20. Briefly state historical and /or architectural inportance (include dates, events, and persons associated with the site when known): Designated "Point of Historical Interest" by San Bernardino County. SBr -073, 12/22/75 Built by H.D. Cousins 1904, acquired by John Whitson 1910, donated by Thomas 0. McCutchan to S.B. County Museum Assoc. 1977, after purchase from Mrs. Whitson. Sold by the Museum Assoc. to John and Cecilia Morrison 8/28/1978. 21. Main theme of the historic resource: (check only one): a. Architecture x b. Arts 8 Leisure c. Economic /Industrial d. Government e. Exploration /Settlement f. Military_ g. Religion h. Social /Education 22. Sources: List books, documents, surveys, personal interviews, and their dates. Light Over the mountain, D.L.Clucas (1974) San Bernardino County Museum Assoc. Newsletters Vol BLI, No.3, March 1977 and Vol. 13 Nos. 8 & 9 August& September 1978. Daily Report 11/12/78 23. Date form prepared 9 /9/79 BY (name): Leonard R. Gorezyca Address:Z26 Onyx ATe City: Rancho Cucamonga lip: 91790 _ Phone: 714 - 987 -3234 Organization: Rancho Cucamonga Historic s■ on Commission. ig M P1+ aw AN OBD C:n OF f.I'IY (:OL7.1 9'ttt. Cl . t OI RA i Cuc.\rta�:cA, CALT'CRNIA, rrcrr.N[tr.:G TIH;. C,ARCIA RANCH HORSE, SYCAMORE I:;N. 'CH h; t:CCA:4ONGA CHTNAI'cedN SITE. '1HE COUSINS !IOUSE. THE MILLIKEN Ib \aal, A::D THE TAPIA ADOCE SITE AS SIGNIFICAI;T HISl'OIUC POINTS OF C:TEP.ES'f OF THE C171 AND THEREFORL DESIGNAIINC EACH AS A CITY POCPI' OF HISTORIC IN'PEREST. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The City Council finds and determines that the following features of the city have met the criteria established by Ordinance No. 70-B for Historic Preservation, and therefore, and with the recommendation of the Historic Preservation Commission, designates these features as Historic Points of Interest of the City of Rancho Cucamonga. a. Garcia Ranch House (known as the Chaffey House) b. Sycamore Inn (Uncle Billy's Tavern) C. The Cucamonga Chinatown Site d. The Cousins House (known as the Christmas House) e. Milliken Ranch f. Tapia Adobe Site SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at leas[ once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. ATT-ST: PASSED, APPROVED, and ADOPTED thisl9th day of December, 1979. AYES: Schlosser, Bridge, Mikels, Palombo, Frost NOES: None ABSENT: None i GlCy (:l l'rK e 41Mas z�2 i 1. r 1,r, 11� it SO F 7PnC [ i, / /�. ; TOTAL 960 ACRES . .! :'•' +`3 - -3 A 1 :15 ,, —_ DEVELO°C_D - 286 ACRES _ 0 o s >4t1..? VPCitVT 491 AC ES .,. F�/ ✓'lh %C'!��:'�:ti;' <.rz " ----f TENT. TRACTS 357.5 ACRES _ t.v^.�1 uw» wasov li PUBLIC UTILITIES 1 j -� �I.. I � rq_S+ � 1� 3 �•Iw y, , R.. ���?l2-i'{ r j 1 0 •ds GOV'T LAND ', 4 VACANT DEVELOPE PETITIONERS ALTA LOMA� '. BASINS .... L. {, +�' ll l.�l '�.' I� {'�'•u [, ALTA LOMA CHANNEL ' ai/ la CIF 11 f I . �II 1 ilhll Ili [� 1 / cS� l I COS TP I'I �I l�l ' T I I Lyl LEMO 1 L �1J I t +rmr 1 . c P j �/ j i ¢I CITY OF RANCHO CUCAMONGA v �. 1 I �' I✓ �.. � I l4 I I II JJ rr „rte 7--- s' 11 j��'•j-��r t I - 1. CALL TO ORDER The Redevelopment Agency meeting of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road on Wednesday, August 18, 1982. The meeting was called to order at 7:01 p.m. by Chairman Jon D. Mikels. a. Present were: Agency members: Richard M. Dahl, Charles J. Buquet II, James C. Frost, and Chairman Jon D. Mikels. Also present were: Executive Director, Lauren M. Wasserman; Legal Counsel, John Brown; and Community Development Director, Jack Lam. Absent: Agency member, Phillip D. Schlosser. It. Approval of minutes: Motion: Moved Frost, seconded by Dahl to approve the minutes of May 19 and June 16. Motion carried by the following vote: AYES: Dahl, Buquet, Frost, Mikels. NOES: None. ABSENT: Schlosser. 2. STAFF REP09TS A. PROPOSALS FOR PRELIMINARY Dt51UN Ue NUUTRILL nuuLLVANU - C. Mr. Boodle stated that the Agency reviewed the implementation plan about a month ago. At that time there was a discussion on several points, and direction was given to staff to come back with some language changes. Mr. Beedle went over the changes which he said were t -..ally minor changes except for two policy goals. The first one listed on page 2 had to do with the promotion of sound development and redevelopment of blighted areas as defined in Section 33030 of the California Health and Safety Code. By including this in our goals, it ties this into the State Redevelopment law. The language added is: Protect and promote the sound development. and redevelopment of blighted areas as defined in Section 35030 through 33032 of the California Health and Safety Code. Blighted areas may constitute either physical, social, or economic liabilities requiring Development and redevelopment in the interest of the health, safety, and general welfare of the community and which cannot be reasonably reversed or eliminated without the participation of the Agency. The other language change was on page 7 after the list of projects. The purpose of the additional language was to show that from time to time the Agency will be reexamining the need for additional projects or changes to projects. The language clarifing this is as follows: It may also be necessary for the Agency to consider the addition of projects to the facility work program including any building, facility, or atruuture which iieets Agetey goals, satisfies the statutory requirement of the California Redevelopment Law, and cannot be undertaken by private or government action without Agency participation. Examples of future projects the Agency may wish to consider could include regional transportation facilities or other major parts of the regional storm drainage facility not now included in the project area. Additional language was presented by Mr. Brown, legal counsel. Mr. Brown stated that they knew the Agency had a concern for maintaining a maximum flexibility with respect to using tax increments to finance public improvements over the duration of the redevelopment plan. Therefore, his recommendation was to add the following language to the second sentence on page 61 of the Agenda Packet: "It may also be necessary for the Agency to consider the addition of projects to the work program including any building, facility, structure, or other improvement which is publicly owned either within or without the project area, which meets the Agency goals,......." This was taken from Section 33445 of the Community Redevelopment Law. Mr. Needle pointed out another language addition on page 18 under the Owner and Developer Participation. Language has been added to show that the Agency wishes to encourage the private sector and public sector towards working innovative approaches to solving redevelopment problems and development problems in the agency area. Language added is: In order to help implement the policies of the Agency and the City of Rancho Cucamonga, the Agency encourages .unovai. ve approaches in seeking solutions to redevelopment and development problems. The private sector, acting as a partner with the City of Rancho Cucamonga, is encouraged to participate with the Agency in the widest possible means in order to implement the goals of the Redevelopment Plan. Furthermore, the Agency does not wish to preclude consideration of the use of any financial devices or implementation programs which are not discussed in the Plan, but could be used successfully in the future. Mr. Dahl asked why the $200,000 amount had been crossed out on Table 2 for 1983 -84 and 1984 -85 for the I -15 Foothill Boulevard interchange. Mr. Beadle responded that it would be during this stage that the property would be acquired although they did not know how much the value would be at this time. Chairman Mikels opened the meeting for public comments. 'here being none, the public portion of the meeting was closed. Motion: Moved by Dahl, seconded by Frost to approve the revisions to the Draft Implementation Plan, approving Resolution No. RA82 -4, and to waive the entire reading. Motion carried unanimously 4 -0 -1 (Schlosser absent). Title of Resolution No. RA82 -4 was read by Secretary, Lauren M. Wasserman. RESOLUTION NO. RA82 -4 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO A. PROPOSALS FOR PRELIMINARY DESIGN OF FOOT41LL BOULEVARD - INTERSTATE 15 INTERCHANGE Staff report by Lloyd Hobbs. Chairman Mikels opened the meeting for public comments. There being none, the public portion of the meeting was closed. Chairman Mikels appointed Councilmen. Schlosser and Frost as the members of the Agency to participate in the consultant selection process for the Interstate 15- Foothill Boulevard Interchange expansion. Motion: Moved by Buquet, seconded by Dahl to authorize staff to seek proposals for the interchange and to concur in the appointment of Mr. Schlosser and Mr. Frost as Agency representatives for the consultant selection process. Motion carried unanimously 4 -0 -1 (Schlosser absent). B. DAY CREEK GRANT APPLICATION Staff report by Lloyd Hobbs. Mr. Hobbs reassured the Agency that they would be seeing the agreements and that these would not be going into effect unless all other agencies concurred. Chairman Mikels opened the meeting for public comment. Addressing the Agency were: Ralph Lewis felt in his experience with the Bureau that the odds were good enough, and we should proceed. Jne Di Io ^to stat'd that it is not that we won't get something, it would depend on just how much we would get. There being no further comments from the public, Chairman Mikels closed the public portion of the meeting. Mr. Frost wanted to go on record as stating that the project needs to be watched very closely since the firm may have limited resources. Motion: Moved by Frost, seconded by Buquet to approve $15,000 allocation of redevelopment funds for the Day Creek Bureau of Reclamation grant application subject to funding by other agencies, Motion carried 4 -0 -1 (Schlosser absent). 3. ADJOURNMENT Motion: Moved by Buquet, seconded by Dahl to adjourn. Motion carried unanimously 4 -0 -1 (Schlosser absent). The meeting adjourned at 7:25 p.m. Respectfully submitted, Beverly Authelet Assistant Secretary 1. CALL TO ORDER The Redevelopment Agency meeting of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, September 15, 1982. The meeting was called to order by Chairman, Jon D. Mikels, at 7:00 p.m. Present were: Agency members Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Chairman Jon D. Mikels. Also present were: Executive Director, Lauren M. Wasserman; Legal Counsel, Francis Baum; Community Development Director, Jack Lam. 2. BUDGET REVISION FOR FISCAL YEAR 1982 -83 Staff report by Lauren M. Wasserman. Chairman Mikels opened the meeting for public input. Addressing the Agency were: * Ralph Lewis, Lewis Homes, suggested that the $250,000 should be put into some affordable projects to get started. He encouraged the Agency to get the money from the State. * Joe DiIorio suggested that if additional funds become available then it might be appropriate to look at making at least a nominal payment on property for the I -15 Foothill Boulevard interchange. There being no further public input, the public portion of the meeting was closed. Mr. Wasserman read the title of Resolution No. RA82 -5. RESOLUTION NO. RA82 -5 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING AN ADVANCE FROM THE CITY OF RANCHO CUCAMONGA IN ORDER TO INCUR DEBT TO THE AMOUNT OF THE TAX INCREMENT FOR THE FISCAL YEAR 1982 -83. Motion: ?Icved by Frost, seconded by Schlosser to adopt Resolution No. RA8o-5, and to waive further reading. Motion carried unanimously 5 -0. Motion: Moved by Schlosser, seconded by Frost to approve the revised budget as indicated in the staff report, to include payment of money to the City as outlined and approval of the Capital Improvement Projects for 1982 -E3• Motion carried unanimously 5 -0. 2B. REPORT ON PROCESS OF ESTABLISHING A MORTGAGE BOND PROGRAM IN THE CITY OF RANCHO CUCAMONGA Staff report by Tim Beedle. Mr. Buquet asked what happened if we did not get the total increments which we anticipate. Mr. Beedle stated we anticipate receiving the full amount. Francis Baum stated these bonds are special obligation bonds. cots associated with them are payable from the proceeds of the bonds issues. There is no general liability incurred with them. Ralph Lewis recommended that the Agency ask the BIA to appoint a small committee of developers that might participate in the issue to work with the City to do things like make sure the issue is shaped so the developers will want to take part in this. Mr. Boodle stated they have made contact with all the developers in the agency area. Mr. Whipple stated that unless the price is right for the developer then it doesn't work. He felt as many developers as possible should be invited to participate. Mr. Frost stated that we have a Financial Task Force that has been on the back burner for more than a year, and perhaps that could be brought forth on this issue. Mr. Mikels suggested that perhaps after we have more information on the bond issue that we could bring this suggestion forth again for formal discussion since neither Mr. Buquet or Mr. Dahl were on the Agency at that time. Mr. Wasserman read the title of Resolution No. RA82 -6. RESOLUTION NO. RA82 -6 Tilt. ,' ' Z�LOFM'aNT AGENCY OF THE CITY OF RANCHOfCUCAMONGA, CALIFORNIA, REQUESTING THAT THE CALIFORNIA STATE MORTGAGE BOND ALLOCATION COMMITTEE QUALIFY THE CITY OF RANCHO CUCAMONGA TO RECEIVE $60 MILLION OF ENTITLEMENT FOR HOME MORTGAGE REVENUE BONDS PURSUANT TO THE MORTGAGE BOND SUBSIDY ACT OF 1980 COMMENCING IN SECTION 50171 OF THE HEALTH AND SAFETY CODE. Motion: Moved by Dahl, seconded by Schlosser to adopt Resolution No. RA82 -6, to waive further reading, and to encourage the staff to contact all the developers that may be interested in participating. Motion carried unanimously 5 -0. 3. ADJOURNMENT Motion: Moved by Dahl, seconded by Frost to adjourn. The motion carried unanimously 5 -0. The meeting adjourned at 7:45 p.m. Respectfully submitted, Beverly Authelet Assistant Secretary 1. CALL TO ORDER A meeting of the Redevelopment Agency of the City of Rancho Cucamonga met on Wednesday, November 3, 1982 in the Lions Park Community Center. The meeting was called to order at 7:00 p.m. by Chairman Jon D. Mikels. Present were: Agency members: Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Chairman Jon D. Mikels. Also present were: Executive Director, Lauren M. Wasserman; Legal Counsel, John Brown; Community Development Director, Jack Lam. 2. CONSENT CALENDAR A. Approval of Warrants, Registers for July, August, September, and October, 1982 in the amount of $6532.98. Motion: Moved by Buquet, seconded by Schlosser to approve the Consent Calendar. Motion carried unanimously 5 -0. 3. STAFF REPORTS A. RECOMMENDATION ON APPROVAL OF FINANCIAL ADVISOR TO THE HOUSING REVENUE MORTGAGE BOND PROGRAM Staff report by Jack Lam, Staff recommendation was to approve the selection of Fieldman and Rolapp and authorize Chairrsn of the Agency to execute the final contract of $45,000. Mr. Frost expressed that he felt there is a great advantage in having mayor or an elected person involved. Mr. Wasserman stated there was no problem in having a member of the council working with this. Motion: Moved by Dahl, seconded by Frost approval of the selection of Fieldman and Rolapp as Financial Advisor for the Agency and authorize the advancement of the amount not to exceed $45,000 from the Affordable Housing fund to be dispersed as per the contract. Chairman Mikels opened the meeting for public input. There being none, the public portion of the meeting was closed. Motion carried unanimously 5 -0. B. REDEVELOPMENT CVONSULTANT FOR REGIONAL SHOPPING CENTER DEVELOPMENT Staff report by Jack Lam. Staff recommendation was that. Municipal Services, Inc. be retained as the shopping center advisor, and authorize services on an "as needed" basis. Mr. Lam stated he did not have an agreement tonight. He was presenting the concept only. The recommendation was that the selection of a consultant for the services on an "as needed" basis at Mr. Lam stated that since the Agency approves the warrants, they would be able to see what the expenditures would be. The total funds allocated would only be $25,000. If the agency desired an amount not to exceed, they could include this. At this time, we only need authorization to proceed. Motion: Moved by Schlosser, seconded by Dahl to approve the concept and to direct staff to draw up a contract for the next meeting for approval. Motion carried unanimoulsy 5 -0. ADJOURNMENT Motion: Moved by Schlosser, seconded by Frost to adjourn. The motion carried unanimously 5 -0. The meeting adjourned at 7:35 p.m. Respectfully subm'.cted, Beverly Authelet Assistant Secretary Regular Meeting 1. CALL TO ORDER A regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lions Park Community Center, 9161 Base Line Road, on Wednesday, December 1, 1982. The meeting was called to order at 7:35 p.m. by Mayor Jon D Mikels. Present were: Councilmen Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Mayor Jon D. Mikels. Also present were: City Manager, Lauren M. Wasserman; City Attorney, Robert Dogherty; Community Development Director, Jack Lam; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; and Community Services Director, Bill Holley. Approval of Minutes: Motion: Moved by Dahl, seconded by Schlosser to approve the minutes of September 15, October 6, October 20 and November 3, 1983. Mayor Mikels stated there was an error in the minutes of October 20, page 5; the recess should reflect from 9:24 p.m. to 9:44 p.m. Motion carried unanimously to approve all the minutes as amended. 2. ANNOUNCEMENTS a. Mr. Butts, city engineer, presented an overview of the storm damage. b. David Condit, assistant manager of the Auto Club, presented the City an award for the 1981 Pedestrian Safety Program. C. Mayor Mikels announced that the Ontario Airport Ground Access Committee met on November 18th. They are now in Phase II of the airport expansion program, and are looking at details of financing. d. On December 15th, the council will be considering someone to represent San Bernardino County on the South Coast Air Quality Management Board. e. Thursday, Lecember 9th, will be an Etiwanda Specific Plan meeting. f. Councilman Buquet requested that item 70 be added to the Agenda under council business, Consideration of the Purchase of the Christmas House. 3. CONSENT CALENDAR a. Approval of Warrants, Register No. 82 -12 -1 in the amount of $203,921.89. b. Alcoholic Beverage Application for Joe T. and Sharon Lee Davidson, (1) Deane's, 8108 San Bernardino Road, for On -Sale General Public Premises License. c. Alcoholic Beverage Application for Dvris Renee Garduno. Renee's New Mexico Restaurant, 9671 Foothill Blvd, for On -Sale Beer 8 Wine Eating Place License. (3) e. of . 11 ,_ submitted by Lesney Development. Located at the northwest corner of Base Line Road and Hermosa Avenue. RESOLUTION NO. 82 -200 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT EXTENSION AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 11350. (4) f. Approval of Subordination Agreement from Mr. W. Bonneville for a single family residence located at 5844 East Avenue. RESOLUTION NO. 82 -201 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM MR. W. BONNEVILLE AND AUTHORIZING THE CITY CLERK TO SIGN THE SAME. (5) g. Request by Community Servi ^es Department for Revised Level of Clerical Support. A request to upgrade a three - quarter, part -time clerk typist position within the Community Services Department to a full -time clerk typist due to increased Departmental work volume. Funding to come from General Reserves, to become effective January 1, 1983. (6) h. Set public hearing date of December 15, 1982 for Environmental Assessment and Zone Change 82 -03 - Bidcal. A change of zone from R -1 (single family residential) to R -3 (multiple family residential) for 2.02 acres of land located on the West side of Archibald Avenue, north of Monte Vista Street -- APN 202 - 131 -61 6 62. (7) i. Approval of Conflict of Interest Code for Officers and Employees of the Redevelopment Agency of the City of Rancho Cucamonga. The Redevelopment Agency on February 17, 1982 approved a conflict of interest code. It is now required that the City Council approve the action taken by the Redevelopment Agency. RESOLUTION NO. 82 -202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE FOR OFFICERS AND EMPLOYEES OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCA14ONGA PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Motion: Moved by Schlosser, seconded by Dahl to approve the Consent Calendar. Motion carried unanimously 5 -0. 4. PUBLIC HEARINGS (8) 4A. CONSIDERATION OF A MOBILE HOME RENT STABILIZATION ORDINANCE. Staff report by Jim Robinson. Mayor Mikela opened the meeting for public hearing on the draft ordinance. Addressing Council were: *Sam Rodda, chairman of the Rancho Cucamonga owners committee, stated that they are very happy with the status and wording of the proposed ordinance. *Howard Sunderland, owner of Chapparel Heights, stated that since an EIR is a legal requirement, he would like to see this done before an ordinance is prepared. *Ron Dlugi, 6677 Bandola Drive, expressed concern with the ordinance itself. He felt this was rent control and was concerned over the impact of rent control. He expressed a desire to establish a committee to work with the realtors and council regarding this matter. *Harry Pate urged passage of the ordinance as soon as possible. *Ed Badka urged council to approve the ordinance. *Don Morrison spoke in opposition to what Mr. Dlugi stated. He opposed the comment that Santa Monica was like Rancho Cucamonga and called them communist. He stated that a parkowner had made a similar statement at a r ^cent meeting. *waren Hilgrin, owner of Foothill Mobile Manor, encouraged council to stay with the ordinance they already had and to get a group together to meet. *Art Bridge ^poke against rent control although he was very sympathic to those in the audience. However, he expressed concern that rent control would stop future development of mobile home parks. There being no further public input, Mayor Mikels closed the public hearing. After some discussion by Council of the proposed ordinance, Mayor Mikels presented a list of his observations pointing out the expense of doing an EIR, staff time involved, court costs, future litigation costs for the tenants, possible deterioration of parks, plus the cost of administering the ordinance. Motion: Moved by Schlosser, seconded by Frost to discontinue consideration of the proposed ordinance and to stay with the present ordinance. Councilman Dahl stated that the existing ordinance should be changed and have some binding arbitration added. Councilman Frost felt that rent control would be critical to the future development of the City. we need all types of housing for all income levels, and rent control would be very restrictive. Mr. Buquet stated that council needed to make a decision to proceed, but he was wondering what kind of punitive results could come about because of the work that already has been done. He felt Council should be watchful for this so that it would not happen. Motion carried by the following vote: AYES: Schlosser, Frost, Mikels. NOES: Dahl, Buquet. ABSENT: None. residential) anc .mu. .pie family - i, .al /pl. .e♦ J development of 76 condominium units on 11.03 acres of land at the northwest corner of Highland and Haven Avenue - APN 201- 262 -28, 29 30, 31, 37, 40. Staff report by Jack Lam. Mayor Mikels opened the meeting for public hearing. There being no response, the public hearing was closed. City Clerk Wasserman read the title of Ordinance No. 186. ORDINANCE NO. 186 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201 - 262 -28, 29, 30, 31, 37 AND 40 LOCATED AT THE NORTHWEST CORNER OF HIGHLAND AND HAVEN AVENUES FROM R -1 AND R -3 TO R- 3 /P.D. Motion: Moved by Dahl, seconded by Schlosser to waive further reading of the Ordinance and approve Ordinance No. 186. Motion carried by the following vote: AYES: Dahl, Buquet, Schlossr, Frost, Mikels. NOES: None. ABSENT: None. (10) 4C. ORDINANCE AMENDING CHAPTER 16. changes resulting from the passage of Senate Bill 1785 authored by Senator Foran. Staff report by Bill Holley. City Clerk Wasserman read the title of Ordinance No. 105 -8. ORDINANCE NO. 105 -B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 16.31 OF THE RANCHO CUCA14ONGA MUNICIPAL CODE RELATING TO PARK AND RECREATION LAND INCLUDING SAVINGS PROVISION. Motion: Moved by Schlosser, seconded by Buquet to waive further reading of the ordinance. Motion carried unanimously 5 -0. Mayor Mikels opened the meeting for public hearing. Addressing Council were: *Ken Willis, BIA, questioned Section 3(G) and the credit allowed toward the developer's fees. *Ralph Lewis, Lewis Homes, questioned the wording of "active recreation." Mr. Dougherty responded this wording had been taken from the Foran Bill itself. There being no further comments, the public hearing was closed. Motion: Moved by Buquet, seconded by Schlosser to approve Ordinance No. 105 - B. Motion carried by the following vote: AYES: Dahl, Buquet, Schlosser, Frost, Mikels, NOES: None. ABSENT: None. ,A. �RD AT (11) TURNER AVENUE AND 25TH STREET. Staff report by Lauren Wasserman. The City's Traffic Committee reviewed the request for a crossing guard and has determined that the intersection does not meet the warrants which are adopted by the State and used by local agencies. Although the intersection does have approximately 65 school children crossing in the morning and more than 100 in the afternoon, the vehicular traffic is less than one -half the volume recommended by the State. Therefore, the Traffic Committee has recommended against the placement of a crossing guard at the intersection. Mr. Wasserman also reported that since the issue was presented to the City, the City has installed a peaestrian crosswalk at 25th Street and Turner Avenue, appropriate speed limit signed noting a school zone, and a center line has been painted on Turner Avenue in order to properly direct traffic through the area. Mayor Mikels opened the meeting for public comments. There being none, the public portion of the meeting was closed. Motion: Moved by Dahl, seconded by Frost to concur with the findings and recommendations of the Traffic Committee and to deny the request for a crossing guard. Motion carried unanimously 5 -0. 5B. ALTA LOMA CHANNGEL ASSESSMENT DISTRICT. Staff report by Lloyd Hubbs. (12) Council considered a recommendation to approve contracts for design and development of an Assessment District to construct the Alta Loma Channel from the north City limit to the intersection with Hermosa Avenue. Mayor Mikels opened the meeting for public input. Addressing Council were: *Doug Hone expressed that there were a number of drainage situations that were not uniform and felt that another Assessment District should be formed to address the Hellman Avenue problem. *Ken Willis expressed thanks to the City. There being no further input from the public, the public portion of the meeting was closed. Motion: Moved by Schlosser, seconded by Buquet to proceed with the District formation and to authorize the mayor to execute agreements with Associated Engineers for $166,000 for design and $25,000 for assessment engineering to be drawn from storm drain fees, and approve the guarantee of payment and lien agreements. Motion carried unanimously 5 -0. 5C CONSIDERATION OF SELF- FUNDING INSURANCE PLAN. Mr. Wasserman presented the (13) staff report. Mr. Wasserman stated that the city attorney has suggested that we should require the company to provide a fidelity bond for those individuals working for the company in order to have some protection through bonds in case the company fails. Mayor Mikels opened the meeting for public input. There being none, the public portion of the meeting was closed. 6. CITY ATTORNEY'S REPORTS. The city attorney had nothing to report. 7. COUNCIL BUSINESS. (14) 7A. PARKS COMMITTEE. Staff report by Bill Holley. Mayor Mikels opened the meeting for public input. There being no response, the public portion of the meeting was closed. Motion: Moved by Dahl, seconded by Frost to approve Resolution No. 82 -203 and to waive the entire reading. Motion carried unanimously 5 -0. City Clerk Wasserman read the title of Resolution No. 82 -203. RESOLUTION NO. 82 -203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PARE ADVISORY COMMITTEE TO ACT IN AN ADVISORY CAPACITY TO THE CITY COUNCIL ON MATTERS PERTAINING TO PARK AND RECREATION FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA. Council concurred that appointments would be made at the December 15th meeting under the Council Business Section of the Agenda. Council also concurred that the procedure would be that the Mayor would select five names and the Council would ratify them. (15) 7B. ADDED ITEM: CONSIDERATION OF CHRISTMAS HOUSE PURCHASE Item was added at the request of Councilman Buquet; therefore, Mr. Buquet presented a report to Council. He stated that he had been approached by some people that the Christmas House was up for sale. He had made several contacts with San Bernardino County and the City of Ontario to see if some type of joint effort might be made to purchase the Christmas House since it was of historic interest. After a lengthy discussion, Council concurred that there was not enough time to put together a joint venture package with San Bernardino County and the City of Ontario by the December 15th deadline for bids. Also, doubt was expressed by some of the councilmembers that anyone would spend $200,000 and then turn around and tear the project down. Council concurred that funds were not available several years ago when the project first came before Council at a selling price of $60,000, and funds were still not available today for the project. In order to protect the property, Council referred the item to the Historical Commission to look into the possibility of changing the historical designation from that of Historical Interst to Historical Landmark. 8. ADJOURNMENT. Motion: Moved by Buquet, seconded by Schlosser to adjourn the meeting. Motion carried unanimously 5 -0. The meeting adjourned at 10:40 p.m. Respectfully submitted, n g Beverly uthelet yQt� Deputy City Clerk