HomeMy WebLinkAbout1993/03/17 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
R.EGULAS MEEl'ING3
1st and 3rd Wednesdays - 7:00 p.m.
March 17, 1993
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
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City Councilmembers
Dennis L. Stout, Mayor
William J. Alexander, Cauncilmember
Charles J. Buquet, Couneilmember
Rex Gutierrez, Couneilmember
Diane Williams, Couneilmember
+~s
Jack Lam, City Maruiger
James L. Markman, City Attorney
Debra J. Adams, Ciey Clerk
City Office: 989-185]
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' City Counefi Agenda
March 17, 7993 1
All Items submitted for the City Council Agenda must be in
writing. The deadline for submitting these items is 6:00
p.m. on the Tuesday prior to the meeting. The Cily Clerk's
Office receives all such items.
A. GALL TO ORDER
t. Roll Call: Baguet _, Alexontler _,STOUt _,
Whams _, and Gutienez
B ANNOUNC MFNTC/PBFCFNTATI(lA1C
C. COMMUNICATIONS FROGI TMF ouwi is
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any Issue not previously Included on the Agenda.
The Cily Councll may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
D. CONSENT CALENDAR
The fallowing Consent Calendar items are expected to be
routine and non-controversial. They will be acted upon by
the Council at one time without discussion. Any Item may be
removed by a Councilmember or member of the audience for
discussion.
1. Approval of Minutes: February 17. 1993 (BUquet absent)
2. Approval of Warrants, Register Nos. 2/24/93 and 3/3/93; and 1
Payroll ending 2/25/93 for the total amount of S 1.880A99,34.
3. Approval to receive ontl file current Invesirneni Schedule os of 11
February 28, 1993.
4. Approval to authorize }he atlvertising of the 'Notice Inviting Blds' 16
for the construction Of 7th Street improvements, between Hovers
Avenue and Center Avenue, }o be funded from fund 9, Gas tax
and Fund 83, Assessment Disinct 82-1R, Account Number 83-4637-
0028.
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Clty Council Agenda
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March 17. 1993
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RESOLUTION N0.93044 1~
A RESOLUTION OF THE Cfly COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE '7TH STREET
IMPROVEMENTS. BETWEEN HAVEN AVENUE AND
CENTER AVENUE," IN SAID CRV AND AUTHORILNG
AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
5. Approvol io appropriate S1 A50.00 from Fund 09 -'Gas Tax' for the 21
preparation of an evaluation and appraisal per the direcibn of
the City Attorney, of a partial taking far }he 'Foothill Boulevard at
Rochester Avenue Signal" project.
6. Approvol to appropriate S 120,000.00 from Fund 09 -'Gas Tax" for 22
the construction and administration of 7th Street improvements
between Hwen Avenue and Censer Avenue.
7. Approval of Application for Federal Funds under the 24
Transportoflon Enhancement Program Of the Intermodal $urtace
Transportation Efficiency Act of 1991 (ISTEA) antl Commilmant for
matching funds for bike lanes on Arrow Route and 4th StreeT.
RESOIUnoN No. 93o4s z'
A RESOLIIDON OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
THE APPLICATION FOR FUNDS FOR THE
TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM UNDER THE INTERMODAL SURFACE
TRANSPORTATION EFFICIENCY ACT OF 1991 FOR THE
FOLLOWING PROJECTS: BIKE LANE AND BIKE ROUTE
FOR ARROW ROUTE FROM WEST CITY LIMITS TO
ETIWANDA AVENUE; A^=0 BIKE LANE FOR NORTH
SIDE OF FOURTH STREET FPoJM WEST CRV LIMITS TO
EAST CITY LIMITS
B. Approvol of Environmental Assessment and Issuance of a z7
Categorical Exemption for the proposed bike lanes and bike
routes on Anow Route antl on fourth Street from West City Limits to
East City LimBS.
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City Council Agenda
March 17, 1993 3
RESOLUTION NO.43-046 28
A RESCLU-ON OF THE CITY COUNCIL OF THE CRY OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
THE ENVIRONMENTAL ASSESSMENT INITIAL STUDV
AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR
THE PROPOSED BIKE LANES AND BIKE ROUTES ON
ARROW ROUTE AND ON FOURTH STREET FROM
WEST CITY LIMITS TO EAST CITY UMfTS
9. Approval of refunding for 85-PD, and authorization to execute 40
agreements with Fieldmon. Rolapp Associates (CO 93-018),
Financial Consuttont; Brown, Diven Henischke (CO 93-019), Legal
Counsel: and NBS/Cowry (CO 93-020). Assessment Engineer.
RESOLUTION N0.93-047 43
A RESOLU110N OF THE CITY COUNCIL OF THE CTTV OF
RANCHO CUCAMONGA, CALIFORNIA, MAKING
PRELIMINARY DETERMINATION AND DECLARING
INTENTION TO ISSUE REFUNDING BONDS FOR A
SPECIAL ASSESSMENT DISTRICT, ORDERING A
REPORT THEREON, AND APPROVING CERTAIN
AGREEMENTS
RESOLUTION N0.93-048 45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, AUTHORITNG
AND PROVIDING FOR THE ISSUANCE OF REFUNDING
BONDS. APPROVING FORMS OF BOND INDENTURE,
BOND PURCHASE CONTRACT, SPECIAL COUNSEL
AGREEMENT AND PRELIMINARV OFFICIAL
STATEMENT
10. Approval of request for extension of time for compliance wtth 48
strengthening or demolition of certain unreinforced masonry
buildings -this It a staff request for City Council e#ension of time
for compliance with Ordinance No. 417, Hazard Reduction in
Unreinforced Masonry Buildings al 8619 Baker Avenue. 12467 Bose
Une Road, 8812 Haven Avenue and 9591 San Bernardino Rood.
11. Approval of a request to adjust the limits of ott-site improvements 50
for TentatNe Parcel Mop 13808, submitted by Hughes Investments.
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City Council Agenda
March 17, 1993 4
RESOLUTION tJO. 93-049 52
A RESOLUTION OF THE CITY COUNCIL OF THE CTI OF
RANCHO CUCAMONGA. CAUFORNIA, APPROVING
A RE9UEST FOR ADJUSTMENT TO CONDITIONS OF
APPROVAL FOR TEMATIVE PARCEL MAP 13808 AND
C.U.P. 9042 IN THE VICTORIA PLANNED COMMUNITY,
LOCATED SOUTH OF FOOTHILL BOULEVARD AND
WEST OF DAV CREEK BOULEVARD -APN: 229-021-10,
15. 19 AND 28
12. Approvol to Ortle; the Annexation to Lantlscape Maintenance 59
District No. 38 and Street Lighting Maintenance District Nos. 1 and 6
for DR 92-OJ. locatetl on The east side of Milliken Avenue, south of
6th Street. submtttetl by GTE California. incorporated.
RESOLUTION N0.93-050 60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING
THE ANNE%ATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 38 AND
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1
AND 6 FOR DR 42-07 (APN: 224341-06)
13. Approvol of Map. and Ordering the Annexation to Landscape 63
Maintenance District No. 1 and Street Lighting Maintenance
District Nos. 1 and 2 for Parcel Mop 11738, located of the southwest
corner of Hermosa Avenue and Almond Street, submitted by
Hermosa/Almond Partners. Lfd.
IESOLUTION N0.93.051 fi4
A RESOLURON OF THE CffV COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NUMBER 11738
RESOLUTION NO.93-052 86
A RESOLIJiION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ORDERING
THE ANNE%ATION OF CERTAIN TERRITORY TO
LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND
STREET LIGHTING MAINTENANCE DISTRICT NOS, 1
AND 2 FOR PARCEL MAP 11738
14. Approval to execute a Construction and Maintenance Easement 69
with Southern Californlo Etlison to provide servico to the Animal
Shelter,
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City Council Agenda
MarcA 17, 1993 5
15. Approval to oulhor¢e The Mayor and City Clerk to ezecNe Local 70
Entity-State Agreement Number 08-92-46 (CO 93-018) with the
California Transportation Commission regarding the disiributitx of
Environmental Enhancement and Mitigation Grant Funds in the
amount of S 163219.00 to The City of Rancho Cucamonga.
16. Approval to execute Contract Change Order No. 2 for S 18,000.00 to 80
Professionof Services Agreement (CO 92-058) with Nonis-Repke,
Incorporated, for Haven Avenue Widening from Foothill
Boulevard to Bose Line Road. Account No. 32-4637-9027 for Design
Changes.
17. Approval to execute Improvement Agreement Extension for 81
Tract 13565-5 ihru -10, bcated on the northeast corner of Summit
Avenue and Wardman Bullock Rood, submitted by Standard
Pacific.
RESOLUTION N0.93-053 83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CAUFORNIA. APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMEM SECURITY FOR TRACT 73565-5 iHRU -
10
18. Approval to execute Improvement Agreement Extension for 84
Parcel Map 13724, located on the southwest corner of footMll
Boulevard and Etiwanda Avenue, submitted by Foothill
Marketplace Partners.
RESOLUTION NO.93-054 85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR PARCEL MAP 13724
19 Approval to accept Improvements, Release of Bonds and Noticq 86
of Completion for Tract 13063, located on the east side of East
Avenue between Highland Avenue and Victoria Street,
Release: Faithful Pertormance Bond (Street) S908f70(1.00
Accept. Maintenance Guarantee Bond (Street) 90.800.00
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City Council Agenda
March 17, 1993 6
RESOLUTION N0.93-055 87
A RESOLUTION OF THE C11V COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING
THE PUBLIC IMPROVEMEMS FOR TRACT 13063 ANp
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
20. Approval to accept Improvements, Release of Bonds and Notice 88
of Completion for Parcel Map 11473. located ant he south side of
Hamilton Street between Hermosa Avenue and Cortilla Street.
Release: Fotthtul PeAOnnanCe Bond (Street) S 4,900.00
RESOLUTION NO.93-056 g9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 11473
AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
21. Approval to accept Improvements, Release of Bonds and Notice 90
of Completion for 5702 Hwen Avenue, located on the west side of
Hwen Avenue south of Wilson Avenue.
Release: Fatthful Pertortnance Bond (Sireefl 5 17,700.00
RESGLU110N NO.93-057 91
A RESOLUTION OF THE CfTV COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR 5782 HAVEN
AVENUE AND AUTHORIZING THE FIUNG OF A NOTICE
OF COMPLETION FOR THE WORK
22. Approval to accept Improvements. Release of Security and 92
Notice of Completion for 0809 Hellman Avenue. located ant he
east Side of Hellman Avenue south a} 19th Street.
Release: Fadhful Pertonnance SecurRy (Lien Agreement)
RESOLUTION NO.93-058 93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING
THE PUBLIC IMPROVEMENTS FOR 6809 HELLMAN
AVENUE AND AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION
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City Council Agenda
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March 17, 1993 7
23. Approval to release Maintenance Guarantee Bond for Tract 94
12420, located on the southwest comer of Hellman Avenue and
7th Street.
Release: Maintenance Guarantee Bond (Street) S 301Y1000
24. Approval to accept the Rochester Avenue Street Improvements 96
from Ydoria Park Lane to Highland Avenue and Tratflc Signal and
Safety Ughting Installation Prgect at the intersection of Highland
and Rochester Avenues. Contract No. 92-034, as Complete.
Release the Bonds and Authorze the City Engineer to File a
'Notice of Completion'.
RESOLUTION NO.93-059 96
A RESOLUTION OF THE CITY COUNCIL OF THE CRY OF
RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING
THE PUBLIC IMPROVEMENTS FOR ROCHESTER
AVENUE STREET IMPROVEMENS FROM VICTORIA
PARK LANE TO HIGHLAND AVENUE AND TRAFFIC
SIGNAL AND $AFETV LIGHTING INSTALLATION
PROJECT AT THE INTERSECTION OF HIGHLAND AND
ROCHESTER AVENUES, CONTRACT NO. 92.034, AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
26. Approval To accept the construction of Traffic Signals and Safety 97
Lighting of Vineyard Avenue at Anow Route. Coniroct No, 92-060,
os Complete. Release the Bonds and Authorize The City Engineer
to file a 'Notice of Completion'.
RESOLUTION N0.93-060 98
A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENT FOR THE CONSTRl1CTION
OF TRAFFIC SIGNALS AND SAFETV LIGHTING AT
VINEYARD AVENUE AT ARROW ROUTE, CONTRACT
NO. 92-060, AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
PAGE
Cfty Council Agenda
March 17, 1993 8
E. CONSENT ORDINANCES
The following Ordinances have had public hear(rgs at the time
of first reading. Second readings are expected to be routine
end noncontroversial. They will be acted upon by the
Council at one time without discussion. The Clty Clerk will
read the lisle. Any item can be removed for discussion.
1. rON$IDERATION OF ENVIRONMENTAL ASSESSMENT AND
DEVELOPMENT CODE AMENDMENT 92-07 -CITY OF RANCHO
CUCAMONGA - A request to amend TAIe 17, Chapter 17.12 of the
Rancho Cucamonga Municipal Code regarding parking
requirements within shopping centers. Staff recommends
issuance of a Negative Declaration.
ORDINANCE NO. 508 (second reading) 99
AN ORDINANCE OF THE CEN COUNCIL Of THE CIiV OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
DEVELOPMENT CODE AMENDMENT 92-01,
AMENDING TRlE 17, CHAPTER 17.12, OF THE RANCHO
CUCAMONGA MUNICIPAL CODE, REGARDING
SHOPPING CENTER PARKING RE9UIREMENTS, AND
MAKING FINDINGS IN SUPPORT THEREOF
F ADVERTISED PURLIC HEARINGS
The following items have bean advertised and/or posted as
public hearings es required by lew. The Chair will open the
meeting to receive public leatlmony.
L CONSIDERATION OF COMMUNITY DEVELOPMENT BLOCK GRAM 103
PRELMINARY APPLICATION -FISCAL YEAR 1993/94 • fie adop}ion
of the Preliminary Statement of Community Development
Objectives and Projected Use o} Funds for the Community
Development 81ock Grant Application for Fiscal Vear i993/a4,
based on a grunt of 5735,000.00 and program income in the
amount of S 19AIO,OD.
RESOLUTION N0.93-061 150
A RESOLUTION Of THE CIN COUNCIL Of THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING
THE PRELIMINARV STATEMENT OF COMMUNITY
DEVELOPMENT OBJECTIVES AND SELECTING
PROJECTS FOR PRELIMINARV FUNDING FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR PROGRAM VEAR 1993/94
PAGE
City Council Agenda
March 17, 1593 g
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive
public testimony.
1. CONSIDERATION OF R ZEST TO WAIV P RMIT AND P AN R NEW 152
FEES -UNITED METHODICr CHUnru 7g60 A RIBA AVFMIF - Tha
u a request to waive fees related To permits and plan checking for
5eisrnic strengthening of the UnAed Methodist Church, as required
by Ordinance No. 477.
H CITY MANAGER'S STAFF REPORT
The following items do not legally require any public
testimony, although the Chair may open the meeting for
public Input.
No Items Submitted,
I. COUNCIL BUSINESS
The following items have been requested by the Cily Council
for discussion. They are not public hearing Items, although
the Chair mey open the meeting for public Input.
1. DISCUSSION OF CITV CO IN I OMMISCION T RM~ AN 150
S(:H D I IN. ~F OMMIC~N MEETINGS (Continued hom Februory
3, 199
2. CONSIDERATION TO FX C IT Ah FNDMEP NO 1 TO THE LE CF
DATED SEPTEMBER 16 1992 ( O 9 -06-^.) B TNT N THE ITV OF 183
RANCHO CUCAMONC-A AND arADI11M TENANT
3. rONSIDERATION TO APPROV R SC1 uTION PROVIDIN FORA
CHARGE FOR VEHICLE PARKING AT THE AD I T SPORTS .OMP X 132
~"1HFN AN FVENT OCCURS AT THE CON PLEX \ HICI HAR FS AN
ADMISSION
RESOLUTION N0.93-062
193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, PROVIDING
fOR CHARGES FOR PARKING AT THE RANCHO
CUCAMONGA SPORTS COMPLEX DURING EVENTS
FOR WHICH ADMISSION IS CHARGED
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City Council Agenda
March 17, 7993 1 0
4. DISOUSSION OF EM/'RONM MA FAIR HAFFEY OI I F ~rNl 24
J533 (Orc4
.I, IDENTIFICATION OF ITEMS FOR NE7(T MEETING
This is the time for City Councll to identify the llama they
wish to dlacuaa at the next meeting. These Items will not bs
discussed at thin meeting, only Identified for the next
meelinp.
K. COMMUNICATIONS FROM THE PUBLIC
This Is the lima and plan for the general public to addnu
the City Councll. Stets Isw prohlDita the City Council from
addressing any issue not previously Included on the Agenda.
TDS City Council may receive testimony and set the matbr
for a subsequent meeting. Comments aro to be limited to Rvs
minutes par individual.
L. ADJOURNMENT
MEETING TO ADJOURN TO A WORKSHOP REGARDING THE
LIBRARY ON WEDNESDAY, MARCH 24, 1993, 6:00 P. M. IN
THE TRI-COMMUNITIES CONFERENCE ROOM.
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate copy of the foregoing agenda was posted on
March 11, 1993, seventy-two (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
February 17, t993
CC(Y OF RANCHO CUCAMONOA
CITY COUNCIL MINUTES
A regular meeting of the Rancho Cucamonga Chy Council was held on Wednesday, Febmary 17, 1993, in the
Council Chambers of the Civic CenRr, located at 18500 Civic Censer Drive, Rancho Cucamonga, California The
meeting was called w adcr at 7:11 p.m. by Mayor Dennis L. Stout
Present were Councilmembers: William 1. Alexander, Rex Gutierrez, Diane Williams, and Chairman Dennis L.
Stout.
Also present were: lack Lam, City Manager; lames Markman, City Auomey; Linda D. Daniels, Deputy City
Manager; Rick Comez, Community Development Director; Olen ]ones, Sr. RDA Analyst; Brad Buller, City
Planner, Beverly Nicscn, Associate Planner, Anthca Hartig, Associate Planner, ]ce O'Neil, City Engineer, Shintu
Bose, Deputy City Engineer; Paul Rougcau, Traffic Engineer, Dan lames, Sr. Civil Engineu; Suzanne Ou.
Community Services Manager, Kathy Sorensen, Recreation Superintertdenr, Bob Dominguez, Administrative
Services Direcmr, Duane Baker, Assisunt W the City Manager, Diane D'NCeI, Management Analyst II; Susan
Mickey, Management Analyst 1: Jan Smton, Deputy City Clerk; Chief Dennis Michael, Rancho Cucamonga Fire
Protxdon DistricC Capl Bruce Zeiner, Rarcho Cucamonga Police Departmenq and Debra 1. Adams, City Clerk.
Absent was Councilmrmber: Charles J. Buquet II
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B1. lack lam, City Manager, invoduced Suzanne Ou as the City's new Community Services Manager.
•~~rr+
C. COMMUNICATIONS FROM THE PII_,R
No communication was made from the public.
rt.~~•
DI. Approval of Minutes: January 6, 1993
January 20, 1993 (Buyuel absenQ
D2. Approval o(Warrants, Register Nos. I R7ry3 anA 2/3ry3; and Payroll ending IRRry3 for the Wtal amount
o($1,535,I 17.89.
City Council Minutes
February 17, 1993
Page 2
D3. Approval b receive and ^le current Investment Schedule ac of January 31, 1993
Dl. Alcoholic Beverage Applicamn for On Sale Beer & Wine Eating Place for Rancho Cucamonga
Professional Baseball Club. Valley Baseball Club Incorporated, 840R Rochester Avenue.
D5. Alcoholic Beverage Application for Off-Sale Beer & Wine, Conditional 7, for Ramona Market, Samecr
Deeb, 9550 W. Foothill BoulevaN, Units A & R.
Dfi. Alcoholic Beverage Application for Off-Sale General for Town & Country Liquor, Elia and Issa Tony
Hawam, 12962-64 Foothill Boulevard.
D7. Approval of a resolution amending the Five-Year Capital improvement Program and Twenty-Year
Transportation Plan for Local Measure I Projeces to include the "Haven Avenue Rehabilitation - 4th Street m
Foothill Boulevard",
RESOLUTION NO. 93-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA. AMENDING THE FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM AND TWENTY-YEAR TRANSPORTATION PLAN
FOR THE EXPENDITURE OF MEASURE I FUNDS
D5. Approval to aDPropriato 5125,000.00 tram Fund 32 - "Measure I Cos Taz" and approval w appropriate
5370,000.00 from Fund 24 - "Bute Transportation Program" for the consuuc0on and administration of the "Haven
Avenue Rehabilitation - 4th Street m Foothill Boulevard".
D9. Approval to authorize the advertising of the "Nmice Inviting Rids" for Haven Avenue from Civic Center to
Foothill Boulevazd Street improvements arM Traffic Signal Modification, to be funded from Fund 32, Measure I, Gas
Taz, Account No. 32-4637-9112 and Fund 24, Account No. 24.4637-gR38.
RESOLUTION N0.93-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "HAVEN AVENUE FROM CIVIC CENTER TO F00T7iFLL BOULEVARD
STREET IMPROVEMENTS AND TRAFFIC SIGNAL MODIFICATION" IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTTSE
TO RECEIVE BIDS
DIO. Approval to authorize the advertising of the "Noticr. Inviting Bids" (or the Chatfey-Garcia Bam
Conswcdon Project, to be funded from Accoum No. 070-0276-0525.
RESOLUTION N0.93-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
THE "CHAFFEY-GARCIA BARN CONSTRUCTION PROJECT," W SAID CITY
AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE AND
RECEIVE BIDS
City Council Minuses
Febnmry 17, 1993
Page 3
Dl ]. Approval m authorize the advertising oC the "Nodce Inviting Bids" for the Milliken Avenue Bike Route arM
Hate Line Road Bike Lane, Phase I, (from west City limits [o Day CreeY), Improvement Project, to be funded from
Administratlve Av Quality Improvement Grant Fund, Account No. I4-0158-(A28.
RESOLU"fION N0.93-025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALffORMA, APPROVING PLANS AND SPECIFICATIONS FOR
Tl~ "MILLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE LAND,
PHASE [" (FROM WEST CITY LIMITS TO DAY CREEK) IMPROVEMENT
PROTECT. IN SAID CITY AND AUTHORIZING ANA DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
D12. Appmval W adopt a resolution authorizing submittal for dte Household Hazardous Waste Grant Appliradm
m the Califomia integrated Waste Management BoaN.
RESOLUTION Np. 93-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALFORNIA, AUTHORIZING SUBMITTAL OF THE 1992/93
HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATION TO THE
CALIFORMA INTEGRATED WASTE MANAGEMENT BOARD
D13. Approval for the Lease Pumhasc of (p shine axle, 10.wheel dump, front end Bader sweeper wek from
Inland EfI1PIR White-GMC of Riverside, California, in she amount of 524,071.33 a year, far fire (5) years, ro be
(ended from Gas Tax Aaount 09-0647-7045.
DI4. Appmval of Landmark Designation 93-01 and approval m execute Mills Act Contract 93-0I -Tan and Dale
Sunon - An application to designate the Emory AIIen House, located at 9441 Lomiu, Rancho Cucamonga, as an
Historic Landmark and a proposal m implement the use of the Mills Acl to reduce the property lax on said property -
APN: 202-g82~13.
RESOLUTION WO. 93-027
A RESOLUTION OF THE CITY COUNCIL OF TH'c CITY OF RANCHO
CUCAMONGA, CALIFORNIA. APPROVING HISTORIC LANDMARK
DESIGNATION 93-O1, THEREBY DESIGNATING THE EMORY ALLEN HOUSE,
LOCATED AT 9441 LOMITA DRIVE, RANCHO CUCAMONGA, AS AN HISTORIC
LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202A82-
13
DIS. Approval of Landmark Designation 93-03 and approval to execute Mills Act Contract 93-02 -Wayne and
Vanessa Smith - An application m designate the Hoppe House, located at fiI55 East Avenuq Rancho Cucamonga,
as an Ifissodc landmark and a proposal so implement the use o(she Mills Acl to reduce the propery mx nn said
propctty - APN: 22S-19I-I6.
City Council Minutes
Febmary t7, 1993
Page 4
RESOLUTION N0.93-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK
DESIGNATION 93-03, THEREBY DESIGNATING T}7L HOPPE HOUSE, LOCATED
AT 6155 EAST AVENUE, RANCHO CUCAMONGA, AS AN HISTORIC
LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-191-
16
D16. Approval of application and execution of prnnit (CO 93-017) for use of school facililics between the Ciry
of Rancho Cucamonga and A!m Loma School Dishict for use of the multi-purpose room at Carnelian Elementary
School for the City's Summer Uay Camp Program.
D17. Approval of Map and ordering the annexation to Landscape Maintenance District No. 3B and Street
Lighting Maintenance DisuicLS Nos. 1 and 6 (or Parcel Map 14318, located at the souNwest comer of Base Line
Road and Hellman Avenue, suMniued by Pioneer Bank,
RESOLUTION N0.93-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 14.118
RESOLUTION NO. 93-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA. ORDERING THE ANNEXATION OF CERTAIN
TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 38 AND STREET
LIGHTMG MAINTENANCE DISTRICTS NO. 1 AND 6 FOR PARCEL MAP 14318
D18. Approval m accept ImprovemenLS, Release of Bonds and Notice of Completion for Tract 13273 -Milliken
Avenue Pedesuian Undercrossing, located on Milliken Avenue south of Mountain View Drive.
Release; Faithful Per(ormarcc BOnd S 338,281.00
Accept: Maintenance Guamnlee Borxi 33,828.00
RESOLUTION NO. 93-031
A RESOLUTION OF 'fHE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTTNG THE PUALIC IMPROVEMENTS FOR
TRACT 13273 - MILLIKEN AVENUE PEDESTRIAN UNDERCROSSING AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK
D19. Approval to accept improvements, Relcau: of Bonds and Notice of Completion for the Fast Gmenway
Corridor which extends fmm Milliken Park, cast W Terra Visu Parkway.
Release: Faithful Performance Brmd S 421,000,00
City Council Minutes
February 17, 1993
Page 5
RESOLUTION NO.93-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORMA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
THE EAST GREENWAY CORRIDOR AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
D20. Approval to release Maintenance Guarantee Bond (or Tma 12820, located on the south side of Highland
Avenue between Camclian Street and Iasper Street.
Release: Mainlenmice Guarenus BOnd (Strut) $ 41,2(10.(10
D2 ]. Approval to release Maintenance Guarantee Bond for Tmc[ 13248, located on the south side of Highland
Avenue bctwcen Archibald Avenue and Hermosa Avenue.
Release: Maintenance Guatanlec Bond(Street) $ 15,000.00
D22. Approval to release Maintenance Guarantee Bond for Tract 1331R -Landscape, loeaied nn the southeast
comer of Hermosa Avenue and Mamanita Ddve.
Release: Maintenance Guarantee Bond (Street) 3 9,5(10.00
D23. Approval to release Maintenance Guarantee Bond for Tract 13367, located on the east side of Helbnan
Avenue at Highland Avenoe.
Release: Maintenance GuaranRe BOnd (Surer) $ 29,882.(10
D24. Approval to rclcase Maintenance Guarantee Bond for Tract 13621, locate4 on the nordirast comer of Hillside
Road and Hermosa Avenue.
Release: Maintenance Guarantee Bond (SUCet) $ 39,000.00
D26. Approval to rclrase Maintenance Guarantee Bond for Tract 13644, located on the southeast comer of
Hermosa Avenue and Vista Grove Suect.
Release: Maintenance Cuaran~ce Bond (SUCet) $ 49,600.00
D26. Approval b release Maintenance Guamnlee Rond for Tract 13813, located on the west side of Hellman
Avcnuc, 900 tcet snuN of 19th Stret.
Release: Maintenance Guarznrce Bond (Sr:,•0 $ 7,600.00
D27. Approval to release h1aintenanee Guarantee Bond for Tract 13873, located on northwest comer of Atwood
Strcct and Victoria Park Lanc.
Release: Maintenance Guarantee Rond (Sucet) S 7,200.(1(1
D28, Approval In accept the Haven Avenue Rehabilitation from Fourth Strwt to Civic Center Drive, Contract
No. 92-061, as Complete, Rclcau the Bonds and Authorize the City Engineer to file a "Notice o[Completion."
Ciry Council M.inutcs
February 17. 1993
Page 6
RESOLUTION N0.93-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CAL~ORMA, ACCEPTBJG THE PUBLIC IMPROVEMENTS FOR
HAVEN AVENUE REHABILITA"f[ON FROM FOURTH STREET TO CIVIC
CE197FR DRIVE, CONTRACT NO. 92-061, AND AUTHORIZING THE FILING OF
A NOTICE OF COMPLETION FOR THE WORK
MOTION: Moved by Alexander, seconded by W illiams to approve all staff recommendations in the staff reports of
the Consent Calcnaar. Mainn canied unanimously,4-0-1 (BUquet absenq.
~r..~.
E. C.ONSRNT ORDINANCES
No items were submitted.
~~~~~~
F. ADVERTISED PIIRLIC HEAR[NGC
Fl. ENVIRONMENT 1 AC S NT ND ONDITION t ~ RMJT -IA-SMITHS. pn appeal
of the Planning Commission's decision denying the development of a commemiai shopping cemer consisting of a
75,Ofp square toot grocery score, two satellite buildings of 3,500 square feet each, and adrive-thru pad of 4,800
square tees on 10.6 acres of land in the Community Commercial District (Subarea 2) of the Foothill Boulevard
Specific Plan, located at the northwest comer of Foothill Boulevard and Vineyard Avenue - APN: 207-102-03, 5, R,
15, 20, 21, and 49. Associated with this project is Tree Removal Permit 92-17. (Continued from January
20, 1493) Slatf report presented by Brad Buller. City Planner.
Joe O'Neil, City Engineer, also staled dtey are in agrcement wish the traffic study performed and that they have no
concerns with dte traffic situation at this time.
Mayor Smm asked if Smith's is being asked to do the improvements necessary m help make Foothill a siz lane
highway.
loc O'Neil, City Engineer, staled yes.
Mayor Stout asked if any improvement-v on Fmlhill have to be approved by Caltmns.
Jne O'Neil, Cily Engineer, stated yes.
Councilmcanbcr Gutierrez expressed wncems about uatOc vaveling tlown Vineyard approaching Foothill arld ttaning
into the Smid's parking lot,
loc O'Neil, Cily Engineer, felt there was enough room (or cars m be able to Wrn into the parking lot and that the
survey showed cars arc slowing down as they near that intersection.
Mayor Smut opened the meeting for public hearing. Addressing the City Council were
City Council Minutes
February l7, ]993
Page 7
lanf
Wynne Furth, Best, Best and Kriegu in Ontario amt represcndng Smih's Food and Drug, stated Ney have
worked to make this a good project and something Ne Ci;y would be proud of and something good for
Smih's. She sated Ney have reviewed Ne material presented to Ne City in opposition to Ne project and
also Ne petition submitted. She stated she feels Ney have met Ne Ciry's standards and asked Nat the City
Council approve Ne pmjecf
Bob White, Sr. Project Manager, thankeA Ne City Council and Council Subcommittee for working wiN
Nem on Nis project to try to come tc a solutron. He tell this stom met deign standards.
Comments from thou ooooc' N vroie~'~
Ray Iavangie, 6123 Peridot, aked Nat Ne City Council deny the project. He sorted after hearing Smih's
was going to appeal Ne Planning Commission's decision, he starlyd looking at other srores to see how
Neir loading dock, were positioned. He did not agree with Ne design of dse loading docks as it relates to
how Ney are positioned. He also stated he did rqt agree wiN Jce O'Neil's comments on the speed of tralfc
going down Vineyard. He felt Smith's should have ro go along wiN the regulations Nat everyone else has
to abide by and not get any exceptions. He submitted phoWS for Ne recoN.
Ed Combs, 417 "8" N. Central, Upland, submitted a photo of Ne west loading dock area and asked where
Ne eazt loading dock went which was for Ne smallu wcks after it waz redesigned. He felt Ne project
would affect his property in a negative way. He asked that Ne project go back for further study on some of
Ne concems mentioned. He refemd to Ne informmion he had distributed to the City Council aM also Nc
City Clerk and commented on it. He fel[ Nere were other issues Nat were not addressed at Ne
subcommittee meetings which he had attended. Ha stated he did not agree wiN the Maztu Plan and did not
Nink it addressed Ne issues. He stated he hoped Ice O'Ncil's evaluation of the traffic swdy was correct.
He did not want Ne City Council to come back to him asking for his property if Ne Council approved Ne
project.
Mayor Stom corrected a comment made by ldr. Combs by telling him Nat parking would not he behind Ne Smih's
start.
Mr. Cnmbs felt the new plan had not changed very much from Ne original one that the Planning
Commission denied. He asked if Nere would he truck frame on San BemarNnu Road.
lames Markman, City Attorney, clarified Ne public hearing process for Mr. Combs by advising him Nat it is not
up to Mc Combs m quiz the City Council at Nis time. He was supposed to be presenting his viewpoint.
Mr. Cnmbs (elf there would be traffic problems around the censer, not only the wck traffic, but for Ne
public access as well.
Wes Pringle, 6g0 Langsdnrf, Fullerton, Traffic Engineer for Ed Cnmbs, stated Ney stlll have coneems wiN
the right tam lane on Vineyard. He mentioned reducing the speed limn approaching Foothill. He sated
Ney were concerned about truck rums into Nis project. He slated he had coneems wiN cars taming left
into the project from Vineyard also.
toe Pisciuneri, 221 Tenneson, Upland, stated his coneems for this project, which were submitted in
writing and are nn file in Ne office of Ne City Clerk.
Cnuncilmember Alexander asked it tM plans have been mvicwed by Ne Fire District.
City Council Minutes
Febnmry l7, 1993
Page 8
Chief Michael, F've Distric4 stated they have been roviewed.
Mr. Pisciuneri slated it is not nosed on the current plan
Chief Michael, Fire District, stated it would be in the final plan
Richard Reishelt, 1729 Palm, Upland, stated he is opposed to the development as submitted. He felt by
approving this it would set a precedent for other projects. He sDll felt loading docks were at the trout of the
building and should be reconsidered. He alw felt baffle around This pmject would be unsafe. He did nos
agrce with access on San Bcmardirro Road. He felt a new design should be done fa this project.
Patrick Maguire. 6192 Earl Ave., diJ not Think this project fit this location He felt Smith's should go
back and redesign it.
Tom Jacobsen, Attorney in San Bernardino, representing some of the property owners on San Bamardirro
Road, asked for the City Council to IIStEa to the public's feelings for this project. He felt Ne parking lot
was unsafe az it rclateA to the loading docks. He did not feel !hc loading docks should be where they are
proposed, He did not agree with the mixing of a residential neighborhood as an entrance m the store. He
felt rhis should be continued to be worked on with the concerned rcsidenls and the Smith's people so that
everyone would be happy.
Oscar Lopez, 9957 langston, felt the intersection of Vineyard and Foothill was not very good and would
get worse alter the Smith's store went in. He stated his concern was the safety at this intersection. He felt
some questions shald be answered before the City Council makes a decision.
John Moc, 10632 Monte Vista, felt there were mom accidents on Camelian/Vineyard than any other major
sb'eet bceause of the hair pin rums on Vineyard above Foothill. He asked that the City Council vac no for
this project,
Susan Teran, 8248 Onyx Court, stated she feels the Council's minds are made up and asked them if she
could change their minds to make this work. She felt this would be a disservice m the City. She lest the
Council would be seeing a precedent if they appmve this tonight. She did not reel just brxause the Council
was hurdng for money they should approve the project. She added she did not like the location of the
leading docks. She asked that the General and Specific Plans prevail and asked for the Council m deny the
project.
Ran Edwards asked that dte Council not compromise they posidon by approving this pmjCCt. He sutcd he
diJ not agree wish Ne loading dock Design. He fell smaller businesses would go out of business because of
the large score Smith's is proposing. He asked that the Council not approve this project as designed. He
asked that the Council listen to the people that have spoken.
Carl Peslark stated he hoped That the Council can sec what this would do to negatively impact the Cily and
fell it shoulJ be built to the City's smndards.
Dan Whitchurst. 8217 Onyx wondered if the City needed more small husiness outlets in the Ciry when
them are so many that arc vxant at the present tlme. He felt this was a necessary evil.
Elirabeth Steues, 8762 Calle Quebrada, sorted she is concerned about the satety of her kids at This
interscetion. She asked that the Council take into consideration the people's commemts while making Ihetr
decision.
City Council Minums
Febmary 17,1993
Page 9
Donna Whitehurst commented on the vacant GEMCO building, Nat it is now a ghost town. She wondemq
if Nis could be used for Ne Smith's Store.
Bill Scott, 787it Arroyo V ism, stated he is concemed about Ne traffic at Nis imersection. He tell Nrs was
unsafe and Nat there would be tore much vat6c. He fch Smih's might put some of the smaller stores out
of business like Gemmel Pharmxy.
Hugh Walker, S 167 Vineyard felt Nis proect would increase Ne vaffic problam at Nis intersection. He felt
Ney should build a smaller store because he did not (cel Nis belonged in Rancho Cucamonga.
Didich Mistcrick, owner of Sunrise Pharmacy, did not think there ncedcd to be more shopping cen¢rs in
Rancho Cucamonga because there arc so many vacant ones Nat exist now, He fe4 Nere would he too
much vaffic created because of Nis project going in. He •.vas concerned Na: Smith's would faii and Ne
building would be vacant.
mm L from Sm1ty1
W ynnc Furth, Best, Best and Krieger, gave background on Nc rcpumtion of Smih's. She smted Ney arc
concemetl about the safely of Ne people visiting their stores. She smted Ney have 1BO% success rote. She
stated vaffic is a concern to them also, but felt Ne intersection would be better once Ne project is
compleard and opcmting, She stated Smith's wants m come to Rancho Cucamonga to do business m add
something to Ne City. She asked that the City Councii approve the project.
There being no further comments, Ne public hearing wac closed
Mayor Stout askGl Chief Michael to comment on Ne fire safety foe this project.
Chief Michael, Fire DisUict commented on Ne City's regulations for npproving Ne Brc safety aspect of a projwl.
He felt Nerc was adequate taro around space for a hammerhead. He styled the Fire Districis 1Cquirementc aro met.
Iic also added shat the building would be full sprinklcrcd and alarmed. He felt all fire issues have been Cully
addtcsrd
Mayor Stont asked Joe O'Neil for his comments
toe O'Neil, City Engineer, styled he was disheartened to hem some of the resideni s comments, He smmd there
would be subsmnual improvement at Nis intersection for better Uatfre flow around Nis area. He smted there would
he underground militias anJ a storm drawl pal in, and added the total cost for the improvements would be about
51,000,(JfAI. He felt lhls project was designed adequately. He added Nere would nor be trucks allowed on San
Bcmardino R<tad. ]twill only be used as xces's for in and out of Ne site.
Mayor Smul asked Rmd Buller for his comments
6md Buller, City Planner, smtetl smf(felt the projal was eansislent wish Ne General and FmNill Specific Plans.
He stated with regards to xecss from San Bcmardino m the Smith's site and access down to FooNill Boulevard, he
tell it should he noted Nat Mr. Combs, when his Dropeny was approved for devclopmenl, had to do a master plan
which called for a dmeway very similar to that proposed for Nis project which was approved by Ne Clty back Ilan.
He sated wish regards to building of buildings out at the (root setback to reduce Ne amount o(parking or to pal
puking at Nc rear of the buildings, (here is a provision within the Foothill Specif¢ Plan Nal speeihcally deals wiN
this issue and says in parcds that arc as deep as this one is, it would be imprxtical to pal parking to Ne rear of Ne
buildings, and in this case would not be appropriate. He salted regarding loading docks, the Foothill Specific Plan
smts "anent screen, all amo related facilities, i,c., working bays, stnragq etc„ from public view", which means
City Council Minutes
Fcbntary 17, 1993
Page 10
whether it is by orientation, or screening is all that is required, it dues not prohibit loading docks from being viewed
or visible from Foothill. He stated the tum around access was made clear by the Fim District that this will be
required. He pointed out that because of the halm needed to put together this plan on the wall for tonight's meeting.
it does not reflect how the project will exactly be laid out. He sued with respect to handicap parking spies and
bicycle lockers that am near the loading facility on the west side, staff has listened to that concern tonight and that i(
Nis is an area the Council (cell is something Ney would like to address, it would be staff's recommendation Nat
Nose handicap spaces be moved W Ne new parking spaces along the Vineyard Cronmge, which is We east elevation
of Ne building, and Nat Ne bicycle parking be moved to the Front part of Ne store.
Mayor Stun asked Mr. Buller if he felt Nis particular plan mce[s Ne legal mquirements of Ne General Plan and Nc
Foothill Boulevard Specific Plan.
Brad Buller. City Planner, smmd very much so, yes.
ktayor Stout asked Rick Gomez if he felt this projcet meets the provisions, policies and Icgal rcquimments o(Ne
Foothill Boulevard Specific Plan.
Rick Gomel, Community Development Dirrcmr, stated yes.
Glayor Stout asked Ixk lam if had reviewed Ne plans.
lack Lam, City Manager, smred yes.
Mayor Stout asked Lack Lam i( he mmembezed a conversation boN of them had wiN Smih's when Ney asked the
City to assist Nem wiN Nis project.
lack Lam, Ciry Manager, stated yes he romemhers the wnversation and that both he and the Mayor objected to Nis.
Mayor Stout asked Lack Lam if he felt this projcet met the provisions of the City's General Plan and Foothill
BeulcvaN Specific Plan.
Lack Lam, Cily Manager, sorted otter reviewing the process and Ne changes Nat have been made, he felt it did meet
Ne standards and was an approvable project.
Mayor Stplll stated he was involved in Ne development of the Foothill Boulevard Slreciflc Plan and Nat he had asked
far it robe dox. He stated if he ever hears comments from outside the City, it is always that the Fire Depanment is
tough on people. flc stared he realizes this intersection is congested, but that SmiN's is going to do Nc
improvements m make it better. He felt Ne improvements would make traffic better (or Ne resiJents. He felt Ne
design of Ne project was better Nan any other Smith's. He sorted he liked Ne suggestion of Nc hammerhead mm
around space and moving the handicap parking spaces. He tell tbe location of the loading dak was better where it is
than moving it to the back. He felt the improvements that he and Councilmember Williams came up wiN were
good. He felt the Resolmion, which includes all of the modifications that have been suggested since Nis went N
Nc Planning Commission. should be approvuf.
lames Markman, City Attomcy, pointed out a Ictter received from Corin Kahn on behalf if Mr. Teran. He stated
tbem is a misundcrsmnding on one of Ne points in his Ictter regarding Ne negative declamdon pnxcss rotating N an
invauigation o(historical use of Ne site in question. He felt the condition has also created a misunderstanding or
confusion as to what the developer would have to do and how this would fit into Ne negative decLmadon process.
He stated the way Nis is looked at you have a present existing Jcvdopment that obviously is in disrepair Nat would
6e replied by another devclopmem with very IiWe or insubsuntial changes in grading. He styled because of this he
did not think it represents, under the. California Environmcnml Quality .4ct an archeological investigation with
Ciry Council Minutes
February 17, 1993
Page 11
digging holes and venching which would produce something diet could uun around a decision on dre project. He
smted he would suggest a modification to the Resolution to clear up exactly what the process will he, which does
nor represent an investigation into an adverse environmental impact and historical investigation. He suggested the[
on page 2, subsecdon F, the word "historically" be inserted before Ue word "significant" on the first line, and that
the last sentence be changed m read, "the cultural resource study wdl determine the significance of these items as
well as recommend meamms to memoriali>e the history of the site." He :Jso suggested that condifion No, 1 on
pago 200 of the packet, be modified so that it reads as follows,'Yhe study concerning historical monumenmdon of
the site shall be presented to and reviewed by the FBstwic Preservation Commission and then forwarded together wish
suggested methods of monumentation rc the Planning Commission. The Planning Commission shall finally
prescribe reGuved historical monumentation prior to Ne issuance of a certificate oCoccupancy for the proicet"
RESOLUTION N0.93-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 92-18,
THE DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER CONSISTING
OF A 75,000 SQUARE FOOT GROCERY STORE, TWO SATELLITE BUILDINGS
OF 3,500 SQUARE FEET EACH, AND A DRFVE-THRU PAD OF 4,800 SQUARE
FEET ON 10.6 ACRES OF LAND IN THE COMMUNITY COMMERCIAL
DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN,
LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND
VINEYARD AVENUE, AND MAKING FINDINGS IIV SUPPORT THEREOF - APN:
207-102-03, 5, 8, 15, 2C, 21, AND 49
RESOLUTION N0.93-017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCFIO
CUCAMONGA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT 92-18.
THE DEVELOPMENT OF A COMMERCIAL SHOPPING CEN"tER CONSISTING
OF A 75,000 SQUARE FOOT GROCERY STORE, TWO SATELLITE BUILDINGS
OF 3,500 SQUARE FEET EACH, AND A DRIVF.-THRU PAD OF 4,800 SQUARE
FEET ON 10.6 ACRES OF LAND IN THE COMMUNITY COMMERCIAL
DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD SPF-CIFFC PLAN,
LOCATED AT THE NORTFM'EST CORNER OF FOOTHILL BOULEVARD AND
VINEYARD AVENUE, AND MAKING FINDINGS Ihl SUPPORT THEREOF - APN:
207-102-03, 5, 8, I5, 20, 21, AND 49
MOTION: Moved by SrouL seconded by Alexander to incorporate all of the suggestions Imo Resolution 93-034.
Councilmember Alexander Stnted he is still concerned about wck5 having to bxk inW the stalls instead of pulling
into them.
lot O'Neil, City Engineer, s[atM he thinks the backing up would Brill work.
Tustin Fanner, who conducted the va(Oc study (or the project, sated they felt a yuck could enter the site
without cnn0icting with vaffic and back into the site easily.
Cnuneilmemher Alexander also expressed concerns about safety fa the public becauce of drivers backing up.
City Council Minutes
February I7, 1993
Page 12
Justin Farmer sated shat the people who would be patronizing SmiN's would be parking south of Ne
entrance and that the only people who would be parking around where the trvcks would 6e backing up
would be Ne employees.
Councilmember Alexander ticked i(most of the truck traffic would be dtuing certain hours or Nroughout the day.
Mr. Farmer sated Smith's is a little different Nan most markets because all their deliveries arc made with
Neir own trucks so you don't have a separate company coming in for bread, soft drinks, etc. He stated
Smih's would have die upper hand if Nerc were problems because of deliveaies.
Councilmember Williams stated she felt the loading dock needed m be moved from Vireyartl because that is whcro
Ne pedestrian access is and Nat was a main concern of hers. She felt having the loading docks where Ney are
presently would be beucr for Ne residents. She sorted Ne City Council did not go out and ask Smith's m came inm
Ne City, Nat Smih's looked up Rancho Cucamonga She did nor feel Smih's would put something in Nat was
unsafe sn Nat people would decide mt m come m Neir stom.
Councilmember Guderrez stated that unfonunate;y Ne Ciry does not have control over private enterpn-u with mgards
to land Nat is purchased for a projat. He stated he (eels he has ro go along with Mayor Stout because of his
experience, He sated ht has faiN Nat Smih's will be a goad neighbor to Nc community. He Celt SmiN's deserved
a charce.
Motion carried 4-0-1 (Buquet absenQ
...a..
Mayor Stout called a recess at 9:52 p,m. The meeting was called back m order at 10:18 p,m. wiN all members of
Council present (Ruquet absenQ.
nu+.
.....•
F2. S)ONSIDSRATfON TO AMEND THE RANCHO CUCAMONGA Nn MICIP I. D. G9TON IZ.OR
RY ADDING SECTTON 12 OB 02s TO PROVIDE EXEMPTIONV TO THE REQUIREMENTS OF RIGHT-OF-
WAY DEDICATION FOR SPECIFIC TYPES OF BUILDING PERMffS Sla(f report presented by Dan lames, Sr.
Civil Engineer.
Maya Smut azked if Ne City was setting up exemptions Nal were automatic if Ncy meet Ne criteria.
Uan lames, Sr. Civil Engineer, sorted yes.
Mayor Stom sated his intention was if Nere were exceptions, they would come back and make a request and be
granted by some type n( hearing. He Stated he did not feel comformble gmnling this In everybody Nat has this
<ondidon.
Dan lames, Sr. Civil Engineer, sated the primary exemptions are for single family residences, Nat Nere are no
exemptions for commercial or industrial buildings. He stated primarily Ney came before Ne Council to exempt
certain improvements (corn conswcung natural public improvements, end Nat et Nat time Nere is rw need for the
City to obtain the street dedication and right-oGway because Nem is nn public impmvemen[s going in.
City Council Minutes
February 17, 1993
Page 13
Mayor Smut asked if Ibis could be done on a case-by<ase basis
Councilmember Alexander smmd he agreed with how this is written but stated deem is a section that mentions Ne
City Engineer, and could something be added w the City Engineer could Rag an unusual a unique siWatian.
Mayor Stout suggested that a provision be added that stated unless the City Engineer determines Nat there is a nexus
betwcen Ne improvements.
lames Markman, City Auorncy, suggested Lhe following language be added st Nc end of E, "the City Engineer may
mquire dedication, ro[wiNsundirg the above exceptions, if the City Engineer determines there is a specific
connwtion be!ween the project and the need for street dedication. Any such decision o(the City Engineer shall be
appealable to the City Council pursuant w all procedures which am applied to Conditional Use Permit appeals."
Mayor Stout opened the meetlng for public hearing. There being no response, the public hearing was closed
Debra J. Adams, City Clerk, read Ne tlde of Ordinance 507.
ORDAIANCE NO. 507 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA. ADDING SECTION I2.Og.025 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE PERTAINING TO EXEMPTTON OF STREETS
AND HIGHWAYS DEDICATION
MOTION: Moved by Stout, seconded by Alexander to waive full reading and sei sewed reading of Ordinance No.
507 (or Mamh 3, 1993 as amended. Modon cartied unanimously, 4-0-1 (BUquet absalt).
~~~~.•
P3.
EXI~t1NG LIGHT FE° COCT RF OV RY POLICY Staff report presented by Susanne 041, COmmunlly
Services Manager, and Kathy Sorensen, Recreation Superintendent
Mayor Stout suggested that when a matter is cnnsidercd by another Commission that those minutes be included in
the staff report package Nat goes in the Council ageaMa.
Mayor Stout opened the mcedng (or public hearing. Addressing the City Council was:
Bob Olari, 9677 Mavaniu, stated he wished lights could not be charged for, but realized why it needed to
be done. He added he agreed wiN the raommendations in the staff( report, but asked that there bean annual
review process in case Ne economy does tum around,
There being no further reslwnse, Ne public hearing was closed.
City Council Minutes
February ]7, 1993
Page 14
RESOLUTION N0.93-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, THAT UPON ACCEFfANCE BY THE CTFY OF
NEW PARKS IN RANCHO CUCAMONGA, A USE FEE OF 100% OF FULL LIGHT
COST WILL BE IMPLEMENfED. THIS FEE TO INCLUDE ELECTRICAL USAGE
AND DEMAND CHARGES AS OUTLINED BY SOllTHERN CALIFORNIA EDISON
RATE POLICIES. THIS USE FEE WILL BE UPDATED ANNUALLY OR AS RATE
PoLICIES BY SOUTI-@RN CALIFORNIA EDISON ARE AMENDED
RESOLUTION NO. 92-223-B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 92-223 TO
INVOLVE USER FEES FOR TOURNAMENT RENTALS AT THE SPORTS
COMPLEX
RESOLU770N NO. 92-223-C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AMENDING RESOLUTION NO. 92-223
REGARDING FIELD LIGHT FEES
MOTION: Moved by Williams, seconded by Alexander to approve Resoludon Nos. 93-035, 92-2236 and 92-223C.
Motion crrtied unnnimously.4-0.1 (Buquelabsen4.
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No items were submitted.
No items were submitted.
Nn items were submiucd.
No items were identified.
G. P IR .I H ARiNG9
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jL_ CITV MANAGF.RB STAFF REPORTS
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I. COUNCH. BIISINF.SS
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City Council Minutes
Febnury l7, 1993
Page IS
No communications wmc made from the public.
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MOTION: Moved by Gutiertez, seconded by Alexander b adjourn to an Executive Sessbn to discuss personal
metiers. Modon cartied unanimously, 4-0-1 (Baguet absenQ. The meeting adjourned at 10:43 p.m.
Respectfully submitted,
Debra 1. Adams, CMC
City Clek
Approved:
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~++r ur Knrv~nuuuuntv+uNUn
STAFF REPORT
DATE: March I7, 1993 ('~
T0: Mayor and Members of the City Council `~
Jack Lam, AICP, City Manager ,
FROM: ~d111tam J. O'Neil, City Engineer
DY: Linda Beek, Civil Engineer
SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOP
THE CONSTRUCTION OF SEVENTH. STREET IMP ROYEMENTS, BETWEEN
HAVEN AVENUE AND CENTER AVENUE, TO 8E FUNDED FROM FUND o
GAS TAX .4ND FUND 83, ASSESSMENT OiSTRICT 82-I R, ACCOUNT
NUMBER 83-4637-6028
RECOMENDATIOM:
It is recommended that City Council approve puns and specifications for
the Construction of Seventh Street Improvements, between Haven Avenue and
Center Avenue, and approve the attacheA resolution authorizing the City
Clerk to advertise the "Notice Invlting Bids".
BACKGROUND/ANALYSIS
The subject project plans and spec+fications ^ave peen completed by staff
and approved by the City Engineer. The Engineer's estimate for
r. ons trot tlon is E293,OD0. Legal aMertis+ng is scheduled 'or March 22
and March 29, 1993, with the bid opening at 2:00 P.M. on Thursday, Ap*il
1, 1993.
Respectfully subyjtted,
~~ ~~~
Witham J. O'Neil
f,T ty Engineer
WJO:LB:dlw
Attachment
is
RESOLUTION N0. 93" ~~7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHn
CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"SEVENTH STREET IMPROVEMENTS, BETWEEN HAVEN AVENUE ANO
CENTER AVENUE", IN SAID CITY AND AUTHORIZING ANO
DIRECTING THE CITY CLERIC TO ADYE RT ISE TO RECEIVE BIOS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct
certain improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared plans and
specifications for the construction of certain improvements.
NOVJ, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the ~"i ty of Rancho Cucamonga be and are hereby approved as the
plans and specifications for "Seventh Street improvements, between Naven
Avenue ahd Center Avenue".
BE IT FURTHER RESOLVED that the City ri erk is Hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the Council of the City of Rancho Cucamonga,
San Berna rdinc ^.ounty, C.al ifornia, directing this notice, NOTICE 1S HE REP.Y
GIVEN that the said City of Rancho Cucamonga will receive at the Office of the
City Clerk in the offices of the City of Rancho Cucamonga, on nr hefore the
hour of 2:00 o'c~ock P,M. on the 1st day of April 1993, sealed bids or
proposals for the "Seventh Street Improvements, between Haven Avenue and
Center Avenue" fn said City.
Bids will be opened and pubs icly read immediately in the office of the
City Clerk, 10500 C,iv1c Center Drive, Rancho Cucamonga, California 91730.
Oids must be made on a form provided for the purpose, addressed to She
City of Rancho Cucamonga, Ca~ifornia, marked, "Bid for Construction of Seventh
Street Improvements, between Haven Avenue and Center Avenue".
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Oi vis ton 2, Part 7, Chapter 1, Articles 1
and 2, the Contractor is required to pay not less than the general prevailing
rate of per diem wages for work of a similar character in the locality in
which the public work Ts performed, and not less than the general prevailing
rate of per diem wages for holiday and overtime work. In that regard, the
Director of the Department of Industrial Relations of the State of California
is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the
17
CITY COUNCIL RESOLUTION N0.
SEVENTH STREET IMPROVEMENTS
MARCH 17, 1993
PAGE 3
Information relative to apprenticeship standards, wage schedules, and
other requirements may be obtained iron the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
Eight (,8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours as set forth in Division
2, Part 7, Chapter 1, Articie 3 of the Labor Code of the State of California
as amended.
The Contractor shalt forfeit, as a penalty to the ri ty of Rancho
Cucamonga, twenty-'i ve dcll ors (5?5.00) for each laborer, workman, or mechanic
employed in the execution of ±he contract, Ay him or any subcontractor under
him, upon any of the work heretnbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to oay travel and subsistence pay to each workman
needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable coilective hargai M ng
agreements filed in accordance with Labor Cade Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified
check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount
equal to at least Len percent 1100 of the amount of said bid as a guarantee
that the bidder will enter Tnto the proposed contract if the same is awarded
to him, and in event of failure to enter iota such contract said cash,
ca s::".T er's check, certified check, or bond shall become the property of the
City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest
bidder, the amount of the lowest bT dder's security shall be applied by the
City of Rancho Cucamonga to the difference hetween the low bid and the sec ono
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to he given to secure a fat thful performance of
the contract for said work shall be one hundred percent (1000 of the contract
price thereof, and an additional SonA in an amount equal to fifty oercent
(1000 of the contract price for said work shall be given to secure the
payment of claims for any ma Lori ais or suppi tes FurM shed far the performance
of the work contracted to be done by the Contractor, or any work or tabor of
any kind done thereon, and the Contractor wilt also he required to furnish a
certificate that he carries compensation insurance covering his employees upon
work to he done under contract which may he entered into between him and the
said City of Rancho Cucamonga for Lhe construction of said work,
No proposal will he considered from a Contractor whom a proposal form has
not been issued by the City of Rancho Cucamonga.
Contractor shall possess a Class "A" License (General Engineering
Contractor) in accordance with the provisions of the Contractor's License Law
19
CITY COUNCIL RESOLUTION N0.
SEVENTH STREET IMPROVEMENTS
MARCH 17, 1993
PACE 2
office of the City Cierk of the City of Rancho Cucamonga, 10500 Civic Center
Drive, upper level, Rancho Cucamonga, California, and are available to any
interested party on request. The fon tracting Agency also shall cause a copy
of such de to rmira Lions to he posted at the job site.
The Contractor shall forfeit, as penalty to the City of eancho Cucamonga,
twenty-five dollars (E25.00) for each laborer, workman, or mechanic employed
for each calendar day or portion thereof, if such Laborer, workman, or
mechanic is paid less than the general prevailing rate of wages hereinbefore
stipu~ated for any work done under the attached contract, Sy h{m or by any
subcontractor under him, in violation of the provisions of said labor Code.
in accordance with the provisions of Section 1777.5 of the Labor Code as
amended by Chapter 911, Statutes of 1939, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections !.777.5 and 1711.5 of
the labor Code concerning the employment of apprentices by the Contractor or
any subcontractor uncle" him.
Section 1717.5, as amended, requires the Contractor or suhcon tractor
empi Dying tradesmen in any app renticeable accupatlon to apply to the joint
apDren ticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade fora certificate
of approval. The r, erti flcate will al se fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of
apD"entices to journeymen in such cases shall not he less than one to five
excop t:
A. When unemployment in the area of covarage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days pct or to
the "equest for certifT ca te, nr
B. When the number of apprentices in training ;n the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/'t0 of +ts
membership through apprenticeship training on an annual basis statewide
or locally, or
0. Vhen the contractor provides evidence that he empioys registereA
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds esta611sheA for
the administration of apprenticeship programs if he employs registered
apprentices or journeymen Tn any apprenticeable trade on such contracts and tf
other Contractors on the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777,5 in the employment of apprentices.
I8
CITY COUNCIL RESOLUTION N0.
SEVENTH STREET IMPROVEMENTS
MARCH 11, 1993
PAGE 4
(California Rosiness and professions Code, Section 7000 et. seq.) and rules
and regulations adopted pursuant thereto at the time this contract is awarded.
The work is to he done in accordance with the profiles, plans, and
specifications of the CT ty of Rancho Cucamonga on file in the Office of the
City Clerk at 10500 Civic tenter Drive, Rancho Cucamonga, California. Copies
of the plans and specifications, available at the office of the City Engineer,
will be furnished upon appl lca ti an to the Ct ty of Rancho Cucamonga and payment
of $35.00, said $35.00 Ts nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by payment
stipulated above, together with an additional nonreimbursahle payment of
$15.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Rancho Cucamonga.
In accordance with the requirements of Section °02 of the General
Provisions, as set forth in the Plans and Specifications regarding the work
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substitute
authorized securities Tn lieu of monies withheld (performance retention).
The City of Rancho Cucamonga, California, reserves the right to reject
any anA all bids.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this 17th day of March, 1993.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga,
Cal lforni a, this 17th day of March, 1993.
Mayor
ATTEST:
y er
ADVERTISE ON MARCH 22, 1993
MARCH 29, 1993
U1'1'Y VN' KANGHU UUCAMUN(iA
STAFF REPORT
DATE: March 17, 1993
70: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Mike Olivier, Sr. Civil Engineer
SUB.I ECT: APPROVAL TO APPROPRIATE 51,050.00 FROM FUND 09 - "GAS TAX" FOR
THE PREPARATION OF AN EVALUATION AND APPRAISAL PER THE DIRECTION
OF THE CITY ATTORNEY, OF A PARTIAL TAKING FOR THE "FOOTHILL
BOULEVARD AT ROCHESTER AYENUE SIGNAL" PROJECT
RECOMMENDATION
It is recommended that City Council approve the appropriation of f1,050.00
from Fund 09 - "Gas Tax" to pay appraisal costs pertaining to right-of-way
acquisition for said signal protect.
BACKGROUND/AMALTSIS
In FY 90/91 the City retained J. William Murphy d Associates to provide right-
of-way acquisition services in conJunction with the "Foothill Boulevard at
Rochester Avenue Signal" proiect. Severa'• parcels next to the protect
required right-of-way acquisition. On one parcel the owner (Mast) was under
an act of litigation with a lessor and felt he could not compromise his
position by negotlating a dedication to the City for Street rights-of-way.
The 1ltigatlon is now complete and the City Attorney has been successful in
negotlating a settlement. The J. William Murphy Company was contacted end
performed needed update work 1n order to meet the City Attorneys
requirements. The requested appropriation covers the t/me and materials
incurred Tn providing the update.
Fund 09 - "Gas Tax" has sufficient funding to cover the cost of this request.
Respectfully submitted,
~I~Z.CK
William J. 0'Ne
City Engineer
WJO:JLM:Iy
21
l.ll I yr RAAVVnv i,v~:~:.av..v.~
STAFF REPORT
DATE: March 17, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager i
FROM: William J. O'Neil, City Engineer I
BY: Mike Olivier, Sr. Civil Engineer
SUBJECT: APPROVAL TO APPROPRIATE 5120,000 FROM FUND 09 - "GAS TAX"
FOR THE CONSTRUCT [ON AND ADMINISTRATION OF 7TH STREET
IMPROVEMENTS DETNEEN HAVEN AVENUE AND CENTER AVENUE
RECOIlENMTION
It is recommended that City Council appropriate f120,000 from Fund 09 -
"Gas Tax' for Lhe construction and administration costs for the 7th
Street Improvement Project located on 7th Street at the AT d SF Railroad
Spur between Haven Avenue and Center Avenue.
BACKGROUND/AMILLVS[S
For the current Fiscal Year 92/93, 5294,370 was budgeted from Assessment
District 82-O1R for the construction and administration costs (soil
testing, surveying, etc.) for the 7th Street improvement Project located
on 7th Street at the AT b SF Railroad Spur between Haven Avenue and
Center Avenue.
The Engineer's Estimate for the project is 5414,370. This project
involves the construction of a storm drain system from 7th Street to the
existing drainage system at 5th Street and the installation of the
railroad safety equipment at 7th Street and the AT b SF Railroad
crossing.
Initially, it was estimated that with the normal lead time 1n working
with the Railroad, necessary approvals from the Railroad would not be
received until early Fiscal Year 93/94. Staff has been working closely
with the Railroad 1n expediting the project and has just received Lhe
final aDProval for the project. The railroad has scheduled their
construction for the latter part of April 1993.
Due to the accelerated progress by the railroad, funds need to be
appropriated at this time to permit Lhe project to proceed forward with
the bidding and construction process. Any delays from the City coulA
result 1n additional delays by the Railroad.
STAFF REPORT
MARCH 17, 1993
APPROVAL TO APPROPRIATE E120,000 FROM
FUND 09 - "GAS TAX" FOR THE CONSTRUCTION qN0
ADMINISTRATION OF 7TH STREET IMPROVEMENTS
PAGE 2
The completion of this project will permit the Ctty to open 7th Street
between Haven Avenue and Center Avenue and improve the circulation for
the Industrial Properties in the area.
The appropriation of these funds from the undesignated fund balance of
Fund 09 - Gas Tax, will not adversely impact any ongoing proj ec is
approved by City Council in the current Fiscal Year 92/93 Budget.
Respectfully submitted,
~. ~~~
Ntlliam J. O'Nell/
City Engineer V
NJO:MO:Iy
[~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 17, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Mike Olivier, Sr. Civil Engineer
SUBJECT: APPLICATION FOR FEDERAL FUNDS UNDER THE TRANSPORTATION ENHANCEMENT
PROGRAM OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT ff i
1991 (ISTEA)_,ANO_COMMITMENT FOR MATCHING FUNDS FOR BIKE LANES ON
RECOMMENDATION
It is recomaended that City Council adopt the attached Resolution to approve the
Enhancemeeni Prograv pofcthe nlntermoda erSUrface Transportation LEfflctency Act of
1991 ([STEA), with a comai4aent to provide matching funds for the submitted
protects.
BACKGROUND/ANALYSIS
The San Bernardino Associated Governments (SANBAG) office has suppDlied staff with
information to apply for (tSTEA) funds from the Federal Government Transportation
Enhancement Pro acts. This particular funding source requires a 12% match of
non-Federal fun s from the Local A ency. Staff estimates a match of f6,500.00
will cover the City's portion of the protects if the appllcatlon 1s approved.
The match could come from Ges Tax funds.
Protect appplications for the Transportation Enhancement Program of ISTEA are due
to SANBAG bZ March 30 1993, for the accelerated first phase' Because of the
fast track application process, staff was limited on the number and pas of
protects that could be submitted. However staff /s proposing two~tcycle
pro acts as follows:
1) A combination Bike Lane and Bike Route on Arrow Route from the west city
limits to Etlwanda Avenue.
2) A Bike Lane on the north side of Fourth Street from the west city limits to
the east city limits.
An environmental document 1s Vart of the appllcatlon process; therefore one 1s
andn9outes1fa11 underucategoriicel exearynt sinceothey havednoiad arse ,hnryacteonathe
environment.
Respectfully subm Lied,
N1111am J. O'Neil
City Engineer
NJO:MO:ty
Attachment
RESOLUTION N0. %3'c~~5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAPIONGA, CALIFORNIA, APPROVING THE APPLICATION FOR
FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES
PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT OF 1991 FOR THE FOLLOWING PROJECTS: BIKE
LANE AND BIKE ROUTE FOR ARRON ROUTE FROM NEST CITY LIMITS
TO ETINANOA AVENUE; AND BIKE LANE FOR NORTH SIDE OF
FOURTH STREET FROM NEST CITY LIMITS TO EAST CITY LIMITS
NHEREAS, the United States Congress has enacted the Intennodal
Surface Transportation Efficiency Act of 1991, which is intended to provide
over E200 m1111on 1n federal dollars over a 6 year Deriod as matching funds to
local state and federal agencies and nonprofit entitles for transportation
enhancement activities; and
WIiEREAS, the Department of Transportation has established the
procedures and criteria for reviewing proposals and is required to submit to
California Transportation Commission a list of recowaended pro~etts from which
the recipients w111 6e selected; and
WHEREAS, said procedures and criteria established by the California
Department of Transportation resolution certifying the approval of application
by the applicants governing body before subm15s1on of said application to the
California Transportation Commission and the State of California; and
WHEREAS, the appl7cation contains assurances that the applicant must
comply with; and
NHEREAS, the applicant, if selected, w111 enter into an agreement
with the State of California to carry aut the transportation enhancement
activities pro,~ect:
NON, THEREFORE, BE IT RESOLVED THAT THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA,
1. Approves the filing of a application for the Transportation
Enhancement Activities Program for consideration for funding.
2. N111 provide 56,500.00 in non-federal funds for these pro,~ects.
3. Certifies that this body will make adequate provisions for
operation and maintenance of the pro,~ect.
RESOLUTION N0.
MARCH 17, 1993
APPROVING APPLiCATfON FOR fUN05 FOR THE
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
PAGE 2
4. Appoints Mr. Mike Olivier as agent of the City of Rancho
Cucamonga W conduct all negotiations, execute and submit all
documents, Tncluding but not limited to application, agreements,
amendments, payment requests and so on, which may be necessary
for the completion of the aforementioned protect.
Approved and Adopted this 17th day of March, 1993.
I, the undersigned, hereby certify that the foregoing Resolution
Number was duly adopted by the City Council of the City of Rancho
Cucamonga, a ornla.
CtTY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 17, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, Ct ty Manager
FROM: Nilliam J. O'Neil, City Engineer
BY: Mike Olivier, Sr. Civil Engineer
SUBJECT: APPROVAL OF ENYIRDNMENTAL ASSESSMENT AND ISSUANCE OF A
CATEGORICAL EXEMPTION FOR THE PROPOSED BIKE LANES ANO BIKE
ROUTES ON ARROW ROUTE AND ON FOURTH STREET FROM WEST CITY
LIMITS TO EAST CITY LIMITS
RECOMENDATION
It is recommended that the City Council approve the attached Resolution
approvin the Environmental Assessment and issuance of a Negative
oncFourtho5treettfrom West Ci y Limits to East City L1m1ts.Arrow Route and
BACK9t0UN0/ANIILYSI S
This revort presents an Environmental Assessment Initial Study for the
proposed Bike lanes and Bike Routes on Arrow Route and on Fourth Street
from Nest City Limits to East City Limits.
In conformance with the California Environmental Quality Act and State
guidelines, the attached documents have been prepared to permit
construction of the Bike Lanes and the Bike Routes. These installations
generally entail the installation of signs and striping on existing paved
surfaces.
It is the Engineering staff's finding that the proposed pro,~ect is in
confornwnce with theproposed development of Arrow Route and Fourth and
the City Master Plan for Trails. The installation of same will not create
a significant adverse impact on the environment and, therefore, recommend
these improvements be classified as a categorical Declaration.
This agenda item 1s part of the application procnss for the bike route
appplication for federal funds from the Transportation Enhancement Program
of the Intermodal Surface Transportation Efficiency Act of 1991.
Respectfully submltied,~]J~~,~
'l~ / (~'
Nilltam J. O'Nein
City Engineer
WJO:MOay
Attachment
RESOLUTION N0. 9,j"O~ly
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL
ASSESSMENT INITIAL STUDY AND ISSUANCE OF A CATEGORICAL
EXEMPTION FOR THE PROPOSED BIKE LANES AND BIKE ROUTES ON
ARRON ROUTE AND ON FOURTH STREET FROM NEST CITY LIMITS TO
EAST CITY LIMITS
WHEREAS, Lhe City Council of the City of Rancho Cucamonga has
reviewed all available input concerning the proposed Bike Lanes and Bike
Routes on Arrow route and Fourth Street from West City Limits to East City
Limits; and
NHEREAS, an Environmental Assessment Ini ti ai Study has been prepared
pursuant to the California Environmental Quality Act, as amended.
NON, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga does hereby resolve as follows:
SECTION 1: The City Council of the City of Rancho Cucamcnga hereby
approves the Environmental Assessment Initial Study and issuance of a Negative
Declaration for the proposed Bike Lanes and Bike Routes on Arrow Route and
Fourth Street from West City Limits to East City Limits.
SECTION 2: The City Clerk is directed to file a Notice of
Determination pursuant to the California Environmental Quality Act.
ENVIRONMENTAL
INFORMATION FORM
(Part I -Initial Study)
General lsformatios
i. Name and address of developer or protect sponsor: city of rancho Cucarnnea,
1GyGO Givic Center Jri v=_, 91)29
2. Address Of prof ect: a ro~n ~4ou to and Fourth stress
Assessor's Black sad t r:
3. Name, address, and telephone number of person to be oostacted concerning
this piOteCt: Mike Olivier, Sr. Ennineer, 9G9-989-1861 extension 23j2
4. Indicate number of the permit application for the protect to which this
foam pertains: N/A
5. List and describe any other related permits and other public approvals
required for this protect, including those required by city, reBiosal,
state and Cederal egenele9: N/a
6. F~lsting zoning district: y/a
7. Proposed use of site (Protect for ahlch this form La filed): Bike lanes
and Dike Routes
Protect beecriptics
g. Site size. 9 r~i les
9. Square footage. N/a
10. Number of floors of oonet ruches. N/'~
I1. Amount of off-str`et parking p+ovided, N/A
12. Attach Plane. dlc ini r. Mao
13. Proposed scheduling. I'93
14. Associated pro~~ect. II/~`
I5. Anticipated incremental developmnt. ,N/n
16. It resideatlal, include the comber of units, schedule of unit sizes, range
of sale prices or roots, sad type of household size expected. N/^~
xm,4 ~ s~
C I T Y O F R A N C H O C U C A M O N G A
17. If cc®erclal, indicate the type, whether neighborhood, city or regionally
orientad, square footage of sales azea, and loading factli ties.
t8. If industrial, indicate type, estimated ®pLoyment per shift, and loading
facilities.
t9. If institutional, indirate the mat or function, estimated employment per
shift, estimated occupancy, loading facLlitSes, and community benefits Lo
be derived from the protect.
20. IS the protect Involves a variance, conditional use or rezoning applica-
tion, state this and indicate clearly vhy the application is required.
Are the following items applicable to the protect or Sts effects? Discuss below
all its checlajd yes (attach additional sheets as necessary).
Yes No
21. . Change in existing features of any bays, tidelands, beaches, X
or hills, or substantial alteration of ground contours. - -
~22. Change in scenic bieva or vistas from existing residential x
areas or public lands or toads. - -
23. Change in Iattera, scale or character of general area o[ X
protect. - -
24. Significant amounts of solid paste or litter. x
25. Change Sn dust, ash, woke, fumes or odors in vicinity. _ X
26. Change in ocean, hay, lake, stream or ground pater quality or x
quantity, or alteration of existing drainage patterns. - -
27. Substantial change in existing noise or vibration levels in x
the vicinity. - -
28. Site on filled land or oa slope of 10 percent or more.
- ~
29. Dse of disposal of potentially hazardous materials
such as
,
toxic substances, tla~ahles or ezplosives. x
- -
30. Substantial change in d®and for municipal services (police, X
fire, voter, savage, etc.). - -
31. Substantially increase fossil fuel conaumptton (electricity, X
oil, natural gas,~etc.). ~ - -
32. Relationship to a larger protect or series of projects. X
Envi roomat4l getting
33. Oescrihe the protect site as it exists be tore the protect, including Lnfor
oration on topography, soil stability, plants and animals, and any cultural,
tistorical or scenic aspects. Describe any existing structures on the
site, and the use of the structures. Attach phetographs of the site.
Snapshots or polaroid photos mi L1 6e accepted.
34. Describe the surrounding propert Ses, including information on plants and
animals and any cultural, historical or scenic aspects. Indicate the type
of land use !residential, cesmercial, etc.), intensity of Land use (one-
famSly, apartment houses, shops, department stores, etc.), a~ scale of
development (height, froptage, set-back, rear y¢rd, etc.). Attach
photographs of the vicinity. Snapshots or polaroid photos pill be
accepted.
Certiflt:tlpn
the attached exhibh tsebpresentf theh dataheand ainformatfonn repo redovfor n this
initial evaluation to the best of my ability, and that the facts, statements,
and information presented are true ar,d correct to the best of my knowledge and
belief. I further understand that additional information may be required to
be submitted before an adequate evaluation can 6e made by the ?tanning
Oiv iSion.
Oate: ~' 3 "~ ~~ Signature ~~ ~~ti,
Title ~• C~u+k' ~+-~
32. These bike lanes and routes are an incremental par[ of the city wide trail
sys [em being established by various funding sources.
CITY OF RANCHO CUCAMON OA ,
n~.
%a~uce
3
- -1 _ L _ J . ~ -s -_ .~~ - - - ~ ROyTE.
--1'-t - - - --- - - -
~--J-- . „
` I SITE
~-~ - T ~!L I - r'~ -:~- - r F04Rr11
1 STREE"t'
(~IkE LANE ANO 6\kE. ROU'i E. ON ARR_D~/~I RDUc"Cf..
P~1KE LAh1E ON FOt1RTU S~CR~E"r
CITY OF RANCHO CUCAMONGA
PART II - INITIAL STUDY
ENVIRONMENTAL CHECKLIST
I. BACKGROUND
1. Name of Proponent City of Rancho Cucamonga
2. Address and Phone Number of Proponent 10500 Civic Center Drive
____. anc o ucamonaa. ~---
3. Date of Checklist Submitted March 17, 1993
4. Agency Requi rei ng Chec kt ist City of Rancho Cucamonga
5. Name of Proposal, if applicable Bike lane and Bike Route
I. ENVIRONMENTAL IMPACTS
(Explanation of all "yes" and "maybe" answers are required on attached
sheets).
YES MAYBE NO
1. Earth. Will the proposal result tn:
a. Unstable earth conditions or in changes in
geologic substructu res7
b. Disruptions, displacements, compaction or
overcovering of the soil)
c. Change in topography or ground surface
relief featuresl
d. The destruction, covering or modification
of any unique geologic or physical features?
e. Any increase in wind or water erosion
of soils, either on or off the site?
f. Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosf on which may modify the channel of
a river or stream or the bed of the ocean
or any bay, inlet or laket
9. Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudsifdes, ground failure, or similar ha za rdsl
x
X
X
X
X
x
x
YES MAYBE NO
2. Air. W!11 the proposal result in:
a. Substantial air emissions or deterioration
of ambient air quality? X
b. The creation of objectionable ordors: X
c. Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally? X
3. Water. W711 the proposal result Tn:
a. Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters? X
b- Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff? X
c. Alterations to the course or flow of flood
waters? X
d. Change in the amount of surface water in any
body of water? K
e. Discharge into surface waters, or in any
alteration of surface water quality,
including but not limped to temperature,
dissolved oxygen or to rbT di ty? X
f. Alteration of the direction or rate of
flow of ground waters? X
g. Change Tn the quantity of ground waters,
either through direct additions or with-
drawals, or through interceptions of an
aquifer by cuts or excavations? X
h. Substantial reduction in the amount of
water otherwise available for public
water suppl les? X
i. Exposure of people or property to water related
hazards such as flooding or tidal waves? X
4. Plant Life. Wtll the proposal result in:
a. Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops and aquatic plants)? X
YES MAYAE NO
6. Reduction of the numbers of any unique, rare
or endangered species of plants? X
c. Introduction of new species of plant into
an area, or in a barrier to the normal
replenishment of existing species? X
d. Reduction in acreage of any agricultural crop? X
5. Ani mal Life. Wilt the proposal result in:
a. Change in the diversity of species, or numbers
of any species of animals (birds, land
animals including reptiles, fish and shell-
fish, benthic organisms or insects)? X
b. Reduction of the numbers of any unique,
rare or endangered species of animals? X
c. Introduction of new species of animais Into
an area, or result in a barrier to the
migration or movement of animals? X
d. Oeterioratlon to existing fish or wildlife
habitat? X
6. Noi se. Wtll the proposal result in:
a. Increase in existing noise levels? X
b. Exposure of people to severe noise levels? X
1. Lig ht and Glare. will the proposal produce
new ~lare? X
A. Lan d Use and Planning Considerations. Will the
pro posa a~sfgnf'f'i•can~T stein?
a. A substantial alteration of the present or
planned land use of an area? X
b. A conflict with any designations, objectives,
policies, or adopted plans of any governmental
entities? X
c. An impact upon the quality or quantity of
existing consumptive or non-consumptive
recreational opportunities? X
9. Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources? X
YES MAYBE NO
1C. Risk of Upset. Will the proposal involve:
a. A risk of an explosion or release of
hazardous substances (including, but not
limited to oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition? X
b. Possible interference with an emergency
response plan or an emergency evacuation
plan? X
11. Po ulna ti on. Will the proposal alter the
ocT- abort, distribution, density, or growth rate
of the human population of an area? _ _ X
12. Housing. Will the proposal affect existing
of u~g or create a demand for adds tl onal housing? ~ _ X
13. Transportation/Circulation. Will the proposal
resu n:
a. Generation of substantial additional
vehicular movement? _ X
b. Effects on existing parking facilities, or
demand for new parking? X
c. Substantial impact upon existing transportation
systems? X
d. Alterations to present patterns of circulation
or movement of people and/or goodsl _ _ X
e. Alterations to water-borne, rail, ar air
traffic? X
f. Increases in traffic hazards to motor
vehicles, bicyclists or pedestrians? _ _ X
14. Public Services. W111 the prrposal have an effect
upon, or resu 1n a need for new or aitered
governmental services in any of the following areas?
a. Fire protectton? X
~
b. Police protectton? X
c. Schools? X
d. Parks or other recreational facilities? X
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
15. Ener Will [he proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy?
16. Utilities. Nill the proposal result in a need
oar neN systems, or substantial alterations to
the following utilities?
a. Electric power?
b. Natural or packaged gas?
c. Communications systems?
d. Water supply?
e. Waste water facilities?
f. Flood control structures?
g. Solid waste facilities?
17. Human Health. Nill the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
D. Exposure of people to potential health
hazards?
18. Aesthetics. W111 the proposal result in the
o s-b-Erucfion of any scenic vista ar view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
i:o pu611c view?
19- Recreation. Nill the proposal result 1n an
impa` ci: upon the quality or quantity of existing
recreational opportunities?
20. Cultural Resources.
a. Nill the proposal result in the alteration
of or the destruction of a prehtstoric or
historic archaeological site?
YES MAYBE NO
X
X
X
X
x
X
x
x
X
x
X
X
x
x
X
X
YES MAYBE NO
b. Wi11 the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or object? X
c. Ooes the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values? _ X
d. Will the proposal restrict existing religious
or sacred uses within the potentt al impact
area? X
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the envt ronment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population Lo drop
below self-sustaining levels, threaten to
eliminate a plant or animal comwnity, reduce
the number or restrict the range of a rare
or endangered plant or animal or eliminate
important examples of the major periods of
Cal ifornla ht story or prehi storyl _ X
b. Does the project have the potential Lo achieve
short-term, to the disadvantage of long-term,
environmental goals? (A short-term impact on
the environment is one which occurs in a
relatively brief, definitive period of time
While long-term impacts will endure well
into the future). _ X
c. Does the project have impacts which are
individually limited, but cumulatively
considerable? (A project may impact on two
of more separate resources where the impact
on each resource is relatively small, but
where the leffect of the total of these
impacts on the environment is significant.) _ _ X
d. Ooes the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly? X
II [. DISCUSSION OF ENVIRONMENTAL EVALUATION
arra ve escr p ono env ronmen a impacts.)
IV. DETERMINATION
o e comp eted by the Lead Agency.)
Dn the basis of this initial evaluation:
X I find the proposed prof ect COULD NOT have a significant effect on
'- the environment, and a CATEGORICAL EXEMPTION will be prepared.
I find that although the proposed pro~eet could have a significant
effect on the environment, there will not be a significant effect
in thts case because the mitigation measures described on an
attached sheet have been added to the project. A NEGATIVE
DECLARATION HILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and an ENY IRDNMENT IMPACT REPDpRnT is required.
Date 3 - 3 -`~ ~ V~-~nr`+~~
e v er
Senior Civil Engineer
e
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: Mazch 17, 1993
TO: Mayor and Members of the Cit_v Council
Jack I,am, AICP, Ctty Manager
FROM: Jerry B. Fulwood, Deputy City Manager
SUBJECT: PROPOSED REFUNDING FOR 85-PD
Recommendation:
Approve Resolution oC the City Council n( the City of Rancho Cucamonga.
Callfomia, making preliminary determinations and declaring intention to
issue refunding bonds for a special assessment district, ordering a report
thereon, and approving certain agreements, and Resolution authorizing and
providing for the Issuance of refunding bonds, approving forms of bond
indenture, bond financing purchasing contract, special counsel agreement
and preliminary offlclal statement.
13ack.~round~
On September 19, 1985, bonds in the amount of $7,334,776 for the
construction of Red Hill and Heritage Community Parks were issued. The
debt service on that bond Issue would end in the veaz 2005.
In its continuing effort to minimize costs, staff has explored the possib111ty
of refunding 85-PD's $5,915,000 In bonds. The down turn in the economy
has pushed interest rates down. This can equate to a general savings.
Staff requested Fleidman, Rolapp and Associates, Financial Advisor, to
provide financial analysis to determ[ne the viability of doing z refunding, All
indications suggest that this would be an Ideal Ume to do a refunding. The
cumulative savings of $1,102,026 reflects an annual savings of approximately
$165,000. This will equate to a possible savings of $4 to $6 per assessment
unit if interest rates retain their current position.
According to our Financial Advisor, the savings are slgnlflcant and would
certainly Justify a refunding.
The following documents have been reviewed, and staff believes that they
aze In order;
Proposed Refunding for 65-PD
Iviazch 17, 1993
Page 2
• Bond Indenture and Escrow Agreement
• Preliminary Official Statement
• Bond Counsel Agreement
• Financial Advisor, Heldman, Rolapp and Associates
• Consulting Engineering Services, NBS/Cowry
Resolution:
By adopting the attached Resolutions, the following will 6e accomplished
The RESOLUTION MAKING PRELIMINARY DETERMINATIONS AND
DECLARING INTENTION TO ISSUE REFUNDING BONDS is the formal
action declaring intention to issue refunding bonds for the referenced
Refunding Assessment D[strict. These bonds, if Issued, will replace and
supersede all outstanding unpaid bonds for the original Assessment District,
i. e., Assessment District No. 85-PD.
The RESOLUT[ON AUTHORIZING ISSUANCE OF BONDS AND APPROVING
FORMS OF BOND INDENTURE., ESCROW AGREEMENT, SPECIAL COUNSEL
AGREEMENT AND PRELIMINARY OFFICIAL STATEMENT approves, subJect
to confirmation of the reassessments, all formal terms and conditions
relating to the sale of bonds through the approval of the Bond Indenture and
Escrow Agreement, accepts our Special Counscl Agreement, and approves
the Preliminary Official Statement.
Sub a nt ih~ oun it A lion
On April 21, the City Council will receive the report pertaining to the
proposed reassessment as required to be prepared pursuant to the
provisions of the "Refunding Act of 1984 and 1915 Act Bonds." Assuming
that the City Counetl may make certain statutory findings. the City Council
will then be asked to consider the adoption of resolutions to confirm the
reassessments and to approve a Bond Purchase Agreement with Stone &
Youngberg as underwriter.
R pecUully submitted,
Jerry B. Fulwood
Deputy Cfty Manager
JBF/dJa
Attachments
41
• e: 7e: ze _alaly aa.mp
CITY a AAYdID nNYiNa7P3A
PARK AMD AfaFATIOM INSOYBFK7 DI3TR1Ci Y0. 6!•b
PROPoSED AEAUPIMC 60NDi AKMIMG "AAA" INf1Am YGLF
fAVINGi REPOIIT
o-q
- .. .. - - - PitOP01E0 OF6T LFRV]CE . .. - - - 9AIOII 13AW1T1Y6
DATE PRINCIPAL COUPON IMlFAEST i01A1 D/f 711VINOi fAViM86
9/ 2/97 265.<70.00 265,4A.00 •615x272.00
I/ 2/9i 216,429.63
9/ x/91 360,000.00 3.000000 130,622.60 7!9,052.33 005,94.00 ' 76.667.65 -756,544.55
7/ 2/95 124,922.30
9/ 2/95 790,000.00 3.500000 724,922.50 6W,6t5.00 606,43.00 166,620.00 -371,721.35
3/ 2/% 716,097.50
9/ 2/% 45,000.00 7.900000 116,097.50 641,195.00 60D,4l.00 166, Z70.W -405,451.35
I/ 2/9'7 /10,1W.00
9/ 2/97 420,000.90 1.700000 110,200.00 64,LOD.00 6W,4S.00 169,075.00 -2K,119.J3
3/ 2/96 101,590.00
9/ 2/96 410.000.00 <.700000 701,590.00 643,160.00 606,515.00 767.737.00 -71,264.35
3/ 2/99 92,170.00
9/ 2/W ISS,OW.00 4.500000 92,170.4 629,260.00 610,013.00 170,765.00 99,500.65
3/ L 0 61,692.50
9/ L 0 460,000.00 !.30000 61,692.30 6/3,765.00 609,623.00 765,640.00 265,74.65
3/ L 1 70,492.50
9/ L 7 SCO,OOD.W t.900000 70,49E60 64,963.00 600,975.00 166,990.00 474,3!0.65
3/ L 2 56,242.50
9/ 2/ 2 525.000.00 S.000OOC 56,241.50 647,465.00 606,030.00 161,565.00 396,695.63
3/ L 3 45,117.30
9/ 2/ 3 550,000.00 5.100000 43,117.50 640,255.00 607,610.00 167,613.00 7N,510.63
3/ 2/ 1 31,092.50
9/ 2/ t 560.000.00 5.200000 71,092.50 6K,165.00 600,127.00 767,24.OD 9A,750.65
S/ 2/ S 16,012.50
9/ 2/ 5 610,000.00 3.250000 16,012.50 642,015.00 610,700.00 166,275.00 1r702,025.H
5,775.000.00 2,04,W1.7f 7,765,672.75 9,966.760.00 1,102,@5.65
ACLRIIEO
. 5,775.000.00
..."..n...". 2,04.632.75
oo"..."..m t 7,763,632.75
am.a"so.. " 9,966,760.00
"m.w~"s 1,f02,027.dS
DAtd S/ 1/93 u1M wli wry M S/ 1/97
nmy Yara 4,797697
AwraOa coupon 4.634635
Awry. 41 }e 7.357907
M I C % 4.654655 % U61fp 100.0000000
i I C % 5.221117 % IrOa 0aliwry Oata
6xd Irowanea7
1.oooo9D z w ITPt.I ors - Actrwe • a9• Int.! • 77,676.32
N a t f Cmulae{w fevinpa an NN o} xM Initial irarofar AawK W 1,060,702.00
wt IreOm t Valw Sarinp .[: 5.2200% EWala 610,796.96 or 10.6504%9f Par of Me Wrrarrt Isaw
ar 10.7917% of Par of N. Prior law
M a r E Pram! Wlw Swina va Nat of tM In1tL1 Trarofar ANpRIt M 1,060,N2.00
7IEl0MAM, AOIAPP s ACLOCI ATE3, IAVINF, CAlirglNU
'.UNDAi[: 02-27.1 WI R M:12:54 Ii LENANE: AAMCMO KEY: Nfil
A
RESCRIP_'ION LA. ~3 - o ~7
A RESOII7TICN OF THE CITY COfS7CII. OF THE CITY OF
RANCHO CUCAMPIC~'., CALIFORNIA, MAI@X' Pf~LII~.AY
DETERMINATIONS AND DE(SAI2II4G 1NIENTICN 1D ZSSUE
REFlfiIDING H2~6 TI%t A SPECIAi. ASSESSMENT DISTRICT,
ORDERING A REpOHI' THEREQd, AND APPROVING CERTAIN
Af$tEEt~715
WHEREAS, the CITY COUNCIL of the CITY OF RANQ-A CUCAFDNC~.,
CALIFOTA]'W, did previously undertake proceedings and confinred assessments
in a special assessment district grrsuant to the terms and provisions of
the "Landscaping aId Lighting Act of 1972", being part 2 of Division IS of
the Streets and Highways Code of the State of California, said special
assessment district knwm and designated as ASSESSMENT DISTRICT NJ. 85-PD
(hereinafter referred to as the "Assesssent District"); and,
WHEREAS, i~revemnts bonds representing the unpaid assessm>rrts
within said Asaessmert District were issued and sold in the Wormer
provided in the "Inprovemrrt Bond Act of 1915", being Division 10 of the
Streets and HighwaYa Code of the State of California; and,
WHEREAS, at this time this legislative body is desirous of
initiating proceedings to refund all outstanding improvenart bonds
pursuant to the "Refunding Act of 1984 for 1915 L~Qrvvanent Act Binds^,
being Division 11.5 of the Streets and Highways Code of the State of
California, said refunding bonds and district to be designated as
ASSESSMENT DISTRICT FA. 85-PD-R (REELTIDING) (hereinafter refereed to as
the "Refurdinxl District"); arcs
WHEREAS, certain agrearents have been suhnitted for review axd
approval for consulting services in correction with these proceedings,
NOW, THEREFORE, the City Council of the City of Rancho Cucarronga
does hereby resolve as fellows:
SECTION 1. That the above recitals are all true and correct.
SFX.`i'ION 2. That the public ~+++~=~At and rec~~eity require, and
it is the intention of this body, n,.n++,.,,t to the provisions of Division
11.5 of the Streets ard highways Code of the State of California (the
"Refunding Act of 1984 for 1915 Imprwanent Act Bordg), to refuM all
outstanding imprroverent fiords for the Asaesmnent District and to levy
reassessments as security for such refunding bonds, and to issue refunding
bonds as authorized by law.
SECTIQ~I 3. That this proposed reassessment levy and refunding
of the original bonds is hereby referred to City Engineer, wen is hereby
directed to meta? and file the Report in writing generally containing the
follaving:
A. A schedule setting forth the unpaid principal
and interest on the i~rnveient fiords of the original Aasesanent District
to be refunded end the total amounts thereof.
n
B. A total estimated principal amount of the
reassessment and of the refunding bonds and the maximan interest mte
thereon, together with an estimate of costs of the reassPSSm>nt and of
issuing the refuniing bonds, including all cost., of issuing the refimdirg
bonds;
C. The Auditors Record showing the schedule of the
principal installments and interest on all unpaid original assessments and
the total anounts thereof.
D. The estimated amount of each reassessrent, iden-
tified by reassessment number coxrespofrlirg to the reassessment number on
the reassessment diagram, together with a prv~sed Auditors Record for the
reassessment.
E. A reassessment diagram shoring the Refunding
District and the boundaries and dinensions of the subdivisions of land
within the Refunding District.
SECTION 4. The agreement for financial advisor services
sukmitted by FIE[LY.mN, N71.gPP S ASSOCIATES is hereby accepted and approved
for execution on behalf of the City.
SECTION 5. The agrean>rit for consulting engineering services
sutrnitted by NBS/UJWRY is hereby accepted and approved for execution on
behalf of the City.
SFSTIQV 6. Any refunding bonds issued pursuant to these proceed-
ings shall bear interest at the mte of not to exceed the curzent legal
maximum rate of twelve percent (128) per annum, or such other legal
maximm~ mte which may he in effect at the time of issuance thereof.
SE(,TICN 7. A certified public accwntant (licensed in Califor-
nia) shall certify that the proceeds and irnestnents of the refunding
bonds shall be sufficient to pay the principal, interest and rederption
praniune as applicable on the refunded bonds.
SECTION 8. Lmxadiately upon the final preparation of the
"Report" as above ordered, said "Report" shall be filed with the City
Clark and presented to this legislative body for fuither conaia.~ration as
it relates to proceedings to issue refundirxl bonds for said ?refunding
District.
SECTIQ~] 9. All outstanding bonds and original assessments of
the Assesmaent District shall continue and r'ema.in in full force and effect
anti be segued by the original assessments until svpexceded and replaced
by reassessments and refunding bonds validly and legally issued for the
Refunding District pursuant to all the terns and provisions of the
"Refunding Act of 1984 for 1915 LiQrovanent Art Bonds".
~~~
ND. ~3_ o `~$
A RESOI2TPION OF THE CTTY COUNCII. OF THE CP17 OF RANCHO
CUCAF87NGA, CALIFO[II4IA, AUlf#tIZING AND PRr7/IDING fOR
THE ISSUANCE OF REFDi3)IIVG H(I~IDS, AYPHCNII~G FCX3FS OF
BQ~ID II~IDE'NfORE, BIE~ID PD%7P1.SE CCNfRACP, SPDCIAL CG[A15EL
AC~It' AMID PRII.II~IINAI~ OFFICIAL STATEMENT
WHEREAS, the CITY COUNCIL of the CP17 OF RANCHO Ct,
CALIFORNIA, has mvLartnlran prpc,-eedings n++~enwnt to the "Refunding Pmt Of
1984 for 1915 I~rovanent Act fiords" ("Refunding Law"1, being Division
11.5 of the Streets and Highways Code of the State of California, aId will
confirm reassessmants upon lards within a special assessment district,
said special district ]v~vwn aId designated as ASSESSMf7~lT DISTRICT ND.
85-PD-R (FEELRIDING) (hereinafter referred to es the "Refuding District");
and,
VII~RRFEAS, said proceedings will provide for the issuance of bonds
pursuant to the "Refunding Act of 1984 for 1915 Ispxoveient Pct Binds",
being Division 11.5 of said Code, and,
WHEREAS, at this time, but subject to the ccnfirnution of the
reassesments, this legislative body is desirous tv set forth all fourel
terms and conditions relating to the authorization, iasunce and
administration of said horde; and,
WHEFiP.AS, there has been pzeaented, ccnsidexed and ready for
approval a bond indenture setting forth fornial ternis and conditions
relating to the issuance and sale of bonds; and,
v~AS, there has also been presented for consideration by this
legislative body a form of Escrow Agreanent, and a Special Counsel
Agreanent submitted by Brovm, Diven & Hanisch)o? to provide bond counrsel
services in connection with the proceedings and the isauanG:e and sale of
the bonds; arcl,
WIfuRFAS, there has rnw been preaentcd for consideration by this
legislative body a preliminary Official Statement contain; n; infornntion
including but not limited to the Refunding District a`d the type of bonds,
including tern® aM cmxlitions thereof.
NOd, THEREFORE, the City Council of the City of Rancho Ct~amonga
does tw_reby resolve as follows:
RECITALS
SECTION 1. That the above recitals are true and correct.
SECTION 2. This legislative Lrody approves and authorizes,
subject to a detann+*v+tion by this City Council that all conditions set
forth in Streets end Highways Code Section 9525 are satisfied, approval of
the report prepared pursuant to Streets and Higlnvays Code Section 9523 aM
,~
confirmation of the reassessments, the issuance, sale aid delivery of
refunding bonds in the aggregate principal amount not to e>rLeEd the
aggregate reassessment confirned by the legislative body, which refunding
bonds shall be issued upon the security of unpaid reassessments confirnmd
in accordance with the Refunding Law arnd order and pursuant to the
proceeduigs to be nrNa.+almn and also pursuant to the specific tpvrs and
conditions as set forth in the Bord Indenture presented herein.
EOPID 7SIDENNIa:
SECTICN 3. Tnat the Honrl Indenture is approved substantially in
the form presented herein, subject W the terns of a Bord Purchase
Contract to be subnitted and to modifications as necessary aid as apprevcd
by the mrnaa,+mr, Firwl approval of the t3ord Indenture shall be conclu-
sively evides~ced by the sigrmture of the Treasurer. A copy of said Bond
Indentuze shall be kept on file with the transcript of these proceedings
and open for public inspection.
SPECIAL CWNSEI, PC3tEEMENf'
SECTION 4. That the Special Counsel Agresnent as sutrnitted by
BROWN, DIVEN & HENISCHICE, Attorneys at Iaw, to provide bond courtsel
services, is hereby accepted and approved for e>~cution.
ESCROW 7Y32E~If
SECTION 5. That the form of Escrow Agreem?nt as sukmitted
herewith is appiwcd substantially in the forni presented herein, subject
to codifications as necPSeary aid as approved by the Treasurer. Final
acceptarce of the Escrow Agreererit shall be evidenced by the signature of
the Treasurer on behalf of the City.
PRELII•IINMY OFFICIAL STATEMENT
SECTION 6. That the Prnlim~n~*y Official Statement is approved
substantially in the fomn p•*~*~, subject to mxlifications as necessary
and as approved by the City Manager, and e>~rtion and distribution of the
Preliminary Official Statement and the corxespondirmg final Official State-
ment is hereby authorized. The City Maregmar is further authorized to
e+uxvte and deliver arty certificate regarding the finality of the Prelimi-
nary Official Statement as stay be necessary or appropriate for ~+ ~ of
complying with Section 240.1502-12 in Chapter II of Title 17 of the Gak
of Federal Regulations ("Rule 1502-12"). A copy of the Preliminary
Official Statement and final Official Statenert shall be kept on file with
the transcript of tha..se proceedings and xsrein cperi for public inspection.
SUPERIOR COURT FORECLOSJAE
SECTION 7. This legislative body does further specifically
covenant for the benefit of the bondholders to cgmerice and prosecute to
completion foreclosure actions mN...t~ 7 delinquent installments of the
asseam~rts in the manner, within the time limits and pursuant to the
terns and corditions as set forth in the Fiord Indenture as sulmitted and
approved through the adoption of this Resolution.
SECTION E. All actions heretofore taken by the officers and
agents of the City with respect to the sale and issuance of the horde ace
hereby approved, confirned and ratified, and the Treasurer aryl airy and all
other officers of the City ace h.zPby authorized and directed, for and
in the nape acrd on behalf of the City, to m arty and all things and take
any and all actions relating to the exertion and delivery of arty and all
certificates, requisitions, agreenents axd other dociznents, which the
Treasurer may deem necessasry or advisable in order to consumate the
lawful issuance and delivery of the bonds in accordarce with this
resolution.
PASSED, APPROVf.'D, and ADDP14a this day of _ ,
1993.
AYES:
NOES:
ABSENP:
Nayor
City Clerk
I, DEBRA J. ADAFS, CITY C[aIIC of the City of Rancho Cucamonga,
California, do hereby certify flat the foregoing Resolution was duly
passed, approved, and adopted by the City Council of the City of Rancho
Cucarronga, California, eta regular nesting of said City Caucil held vn
the day of , 1993.
Executed this _, day of 1993.
Debra J. Idams, City Clerk
47
CITY OF RANCHO CUCAMONGA
STAFF REPORT
March i7, 1993
T0: Mayor and City Countilmembers
FROM: Jerry Grant, Building Official
9DBJECT: E%TENS ION OF TIME FOR SEISMIC STRENGTHENING - 8619 BAKER, 12467
BASELINE ROAD, 9812 HAVEN AND 9591 SAN BERNARDINO ROAD
RECOMMENDATION
It i5 recommended that the City Council grant a one year extension of time for
compliance, to the owners of properties located at 8619 Baker, 12467 Baseline
Rd „ 8812 Haven and 9591 San Bernardino Rd., to allow time for processing
necessary reviews by the Historic Preservation Commission and resolution of
potential redse issues.
It is further recommended that the staff be directed to report back to the
City Council at the end of a six month period, regarding progress made toward
bringing the four properties into final conformity with seismic strengthening
requirements.
BACKGROUND/ANALYSIS
In april 1990, City Ordi~iance No. 417 went into effect which requires
strengthening or demolition of un rei nforced masonry structures in Rancho
Cucamonga.
Of the twenty-one buildings originally identified, seventeen have complied or
are in process. Each of the remaining four have some particular circumstance
that will likely cause Lhem to fail to meet the final deadline of May 1, 1993
for obtaining permits for demolition ar reconstruction. All are listed on the
City's Desi gr~a ted and Po tontial Historical Site List.
Two of the properties have applied for demolition permits; 8619 8a ker and 9591
San Bernardino Road. 8619 Baker is owned by the Assembly of God Church. It
was structurally modified prior to incorporation, at which time the vertical
loads from the roof were supported by pipe columns, but the lateral loads Were
not taken into consideration nor was the roof tied to the walls as required
for seismic strengthening. The continued use of the building, for small
congregational meetings, was extended un{il now because of the previous
structural work that had been performed and the ezpre ss ed opinion of their
STAFF REPORT: EXTENSION OF TIME FOR SEISMIC STRENGTHENING
March 17, 1993
Page 2
engineer that the potential hazard from earthquake was reduced so as not to be
imminently hazardous. The Dro petty owner has applied for a demolition permit
and it is scheduled for review before the Historic Preservation Commission on
March 9th.
9591 San Bernardino Road, (the "China House"), is currently owned by the
Cucamonga County Water District and, until recently, was being considered for
purchase by the Redevelopment agency for housing purposes. The building is
presently unoccupied and poses a limited hazard to adjoining properties.
There are several failures in roof members, which if allowed to multiply or
intensify could result in partial or total collaose. The Water District has
also submitted a permit application for demolition, which is pending review by
the HPC.
The remaining two structures, 12467 Baseline Road (Regina/Ellena Winery) and
8812 Haven (Hofer Winery) are currently not being used, are reasonably remote
from any occupied buildings and are secured and closely attended by
representatives of the property owners.
The Regina/Ellena property is owned by the Nabisco Company and is currently
under consideration for purchase by the Redevelopment Agency for senior
housing facilities. The owner's engineering firm has submitted a plan for
strengthening a minor portion of the total masonry structure. When advised of
the need to address the total building, representatives indicated that
demolition was preferable from an economic standpoint, but had not made such a
request for fear of antagonizing the HPC or Lhe city. When interest in the
property by the ROA for Fo ten ti al reuse was indicated, further activity on
strengthening plans ceased. It appears that the plans submitted may only have
been prepared as a diversion to gain time to dispose of the site.
8812 Haven has been under consideration as a location for a Metrolink
station. Until that issue is resolved the owners have chosen to neither file
plans for strengthening nor for demolition.
CONCLUSION
Because of some particular circumstances regarding each of the above reference
properties and the nee4 for HPC review prior to demalitio n, staff
recommendation is that the Cf ty Council extend the deadlines far permit
issuance for an additional one year period, within which strengthening or
demolition of the subject properties may be completed.
Respectfully Submitted,
/~~~
erry .Grant
Buildi g Official
JRG:11
UI1'Y VF ILANUHU VUCAMONGA
STAFF REPORT
DATE: March 17, 1993
?0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Y.illiam J. O'Neil, City Engineer
BY: Dan James, Senior Civil Engineer ~'~,
SUBJECT: APPROVAL OF A REQUEST TO ADJUST THE LIMITS OF OFF-SITE
IMPROVEMENTS FOR ENTATI YE PARCEL MAP 13808, SUBMITTED BY
HUGHES INVESTMENTS
RECOMENDATIgI
Staff recommends City Council approve the request by Hughes Investments
to reduce the limits of the off-site improvements along Foothill
Boulevard between Rochester Avenue and Route 15 and adopt the attached
resolution approving the new limits.
BACKB'ROUND/ANALYSIS
Tentative Parcel Map 13808 and C.U.P. 90-42 were conditionally approved
on July 10, 1991. The site, referred to as Victoria Courtyard is
located on the south side of Foothill Boulevard west of the proposed Day
Creek Boulevard (see attached Exhibit 'A°). It is a subdivision of 31
acres into 16 parcels for regional related office/commercial facilities
within the Victoria Planned Comaunity.
The approved condition in question reads as follows:
Provide necessary right-of-way
Foothill Boulevard full width from I
to Route 15. Sidewalk and parkway 1.
be constructed along the south side
from the centerline of Day Creek
centerline of the Southern Cal
Corridor on the east side of Day Cre~
may be deferred for the remainlna
reduced if approved by the City Cduncll.
This condition was formulated based upon a street improvement
implementation policy for the Victoria Planned Community approved by the
City Council in 1989 (copy attached). Therefore, the last sentence of
this condition allows for the limits of the off-site improvements to be
reduced only ff approved by the CTty Council.
Hughes Investments met with staff and submitted a letter (copy attached)
requesting a reduction in the limits of the Improvements along Foothill
CITY COUNCIL STAFF REPORT
TENTATIVE PARCEL MAP 13808 - HUGHES INVESTMENTS
MARCH 17, 1993
PAGE 2
Boulevard. Their request would result in the following improvements
being deleted:
1. Delete Foothill Boulevard improvements from Day Creek Channel
westerly to Rochester Avenue.
2. Delete curbing and street lights on the north side of Foothiii
Boulevard from Day Greek Channel easterly to Route 15.
With the above requested deletions the condition of approval would be
changed to require the following:
Provide necessary right-of-way and construct Foothill Boulevard as
follows:
a) Full improvements loci udi ng sidewalk and parkway landscaping
on the south side from the centerline of Day Creek Channel
easterly to Day Creek Boulevard.
b) Street paving, curb and gutter on the south side from Day Creek
Boulevard easterly to Route i5.
c) Sidewalk and parkway landscaping on the south stde from Day
Greek Boulevard easterly to the centerline of the Southern
California Edison Corridor.
d) A landscaped median from the centerline of Day Creek Channel
easterly to Route t5.
e) Thirty-two feet of pavement on the north sl de of the median from
Day Creek Channel easterly to Route 15.
The request from Hughes Investments to change the condition is based upon
the uncertainty of the Community Facilities District for this area.
Also, this change will firing the conditions of the pro~iect consistent
with that required of other developers along Foothill Boulevard although
these protect were not in a Council approved 7mpl ementatlon nol icy
document as the Hughes protect is.
The Public Works Subcommittee reviewed this issue and 1s in agreement
that reduction 1n requirements should be granteA.
Staff concurs with the request and after due consideration would
recommend approval and adoption of the attached resolution.
Respectfully submit d,
!~".n
willfam J. O'Nei
City Engineer
NJO:DJ:Iy
Attachments
51
RESOLUTION N0. 9.,- ~Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A REWEST FOR ADJUSTMENT
TO CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 13808
AND C.U.P. 90-42 IN THE VICTORIA PLANNED COMrUNITY,
LOCATED SOUTH OF FOOTHILL BOULEVARD AND NEST OF DAY CREEK
BOULEVARD - APN 229-021-10, 15, 19 AND 28
A. Recitals
(i) Hughes Investments has filed an application for Tentative
Parcel Map 13808 and C.U.P. 90-42 as described in the title of this
Resolution. Hereinafter 1n the Resolution, the subdect Tentative Parcel Map
and C.U.D. request is referred to as the "Application."
(ii) On July 10, 1991, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the Application and,
following the conclusion of said public hearing, adopted Resolutions No.
91-108 and 91-109 thereby conditionally approving said Application.
(iii) Hughes Investments has submitted a request for adjustment to
said conditions as authorized by said conditions.
(iv) Said request is for adjustment to the following conditions:
Provide necessary right-of-way and construct
Foothill Boulevard full width from Rochester Avenue
to Route 15. Sidewalk and parkway landscaping
shall be constructed along the south side of the
street from the centerline of Day Creek Channel to
Lhe centerline of the Southern California Edison
Corridor on the east side of Day Creek Boulevard
and may be deferred for the remaining portion of
the street until dev¢lopment of the adjacent
property. The limits of the off-site improvements
may be reduced if approved by the City Council.
(v) The adJustment being proposed is as follows:
Provide necessary right-of-way and construct Foothill Boulevard as follows:
a) Full improvements, including sidewalk and parkway landscaping,
on the south side from the centerline of Day Creek Channel
easterly to Day Creek Boulevard (including curb return at the
southeast corner of the intersection).
b) Street paving, curb and gutter an the south side from Day Creek
Boulevard easterly to Route 15.
52
RESOLUTION
PARCEL MAP 13808 AND CUP 90-42
MARCH 17, 1993
PAGE 2
c) Sidewalk and parkway landscaping on the south side from Day
Creek Boulevard easterly to the centerline of the Southern
California Edfson Corridor.
d) A landscaped median from the centerline of Day Creek Channel
easterly to Route 15.
e) Thirty-two feet of pavement on the north side of the median
from Day Creek Channel easterly to Route 15.
(vi) On March 17, 1993, the City Council of the City of Rancho
Cucamonga conducted a duly noticed hearing on the Application and request and
concluded said hearing on that date.
(vii) All legal prerequisites prior to the adoption of this
Resolution have occurred.
B. Resolution.
ADN, TREREFORE, it is hereby found, determined, and resolved by the
City Council of the City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Council
during the above-referenced March 17, 1993, hearing, including written staff
report, and the contents of Planning CommissT On Resolutions No. 91-108 and 91-
109, this Council hereby specifically finds as follows:
(a) The Application applies to property located at the
southwest corner of Foothill Boulevard and Day Creek Boulevard. The parcel is
presently vacant; and
(b) Approval of said request for adjustment to said condition
is consistent with the goals and objectives of the City for development along
Foothill Boulevard.
3. Based upon the substantial evidence presented to this Council
during the above-referenced hearing Including written staff report, this
Council hereby finds and concludes as follows:
(a) That the request to adjust said conditions under
Englneertng OT vision Planning Commission Resolutions No. 91-108 and 91-109 be
approved and modified as fellows:
Provide necessary right-of-way and construct foothill Boulevard as
follows:
RESOLUTION
PARCEL MAP 13808 AND CUP 90-42
MARCH 17, 1993
PAGE 3
a) Full improvements, including sidewalk and parkway landscaping,
on the south side from the centerline of Day Creek Channel
easterly to Day Creek Boulevard.
b) Street paving, curb and gutter on the south side from Day Creek
Boulevard easterly to Route 35.
c) Sidewalk and parkway landscaping on the south side from Day
Creek Boulevard easterly to the centerline of the "southern
California Edison Corridor.
d) A landscaped median from the centerline of Day Creek Channel
easterly to Route 25.
e) Thirty-two feet of pavement on the north side of the median
from Day Creek Channel easterly to Route 15.
4. The City Clerk of the City of Rancho Cucamonga, is hereby
directed to: (a) certify to the adoption of this Resolution, and (b)
forthwith transmit a certified copy of this Resolution, by certified mail,
return receipt requested, to Nughes Investments at the address identified in
City records.
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RANCHO CUCAMONGA
EPIGINEF.RIIdG DIVISION
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TITLE; VICINITY MAP
EXHIBIT: Fi __--
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CITY OF RANCHO CUCANDtlGl1 - ENGINEERING DIVISION
VICTORIA PLANNED COlMlNITY
VICTORIA DIKES AREA
STREET IMPRDYEMENi IIPLEMENTATION POLICY
Proposed Developmen is shall construct street improvements as follows:
A. Streets adjacent to or required of projects sha 11 6e constructed full
width to include curb on both sides of the street.
8. Streets shall be extended (full width) off-site to an existing public
sires i(s) in order to provide two separate mean of access.
C. The Developer shall he eligible for reimbursement of the cost of off-site
improvements from future Development of the adjacent property upon its
development.
D. Projects within the Areas shown on the map below (left) shall construct
the specific street segments designated below (right):
AREA STREET SEGMENT
LEGEND
1 Base Line Rd. - Day Creek Channel to Day Creek
~~ Area Boundary Blvd.
1 Area Numher Day Creek Blvd. - Base L1ne Rd, to Footh111
Blvd.
Lhurch St. -Rochester Ave. to Day Creek Blvd.
1 ~ 2
.~. L Base L1ne Rd. - Day Creek Channel to Etiwanda
Ave.
Day Creek Blvd. -Same as Area 1.
~ ' i ~~, Miller Ave. -Day Creek Blvd. to Etiwanda Ave.
~ 3
~'"~ sy ~"~ ~ • ~ Miller Ave. -Same as Area 2,
Day Creek Blvd. - Same as Area 1.
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~ Fcothili Blvd. - Day Creek Bivd. to 0.te. 15
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~ F ~ ~ i::r:.~/ Church St. -Same as Area 1.
' , s '. ~+ 4 Church St. - Same as Arca 1.
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, , Day Creek Blvd.- Same as Area 1.
_ Foothill Blvd. - Rochester Ave. to Day Creek
~ Blvd.
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Foothill Blvd. - Rochester Ave. to Rte. 15.
P Day Creek Blvd. - Footh111 Blvd. southerly
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Buller
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0ay Creek Blvd. curve Co
Rochester.
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HII6HE6 INVEBTMENTB
OCV[LOPNENI 6 Gf.O UI$ITION OF CONN EHCIAI PNOPERi~ES
RECEIVED
VIA OVERNIGHT JAN 21 1993
January 20, 1993 City of Rancho CucasnOnga
Planning Division
Mr. Brad Buller
CITY-OP RANCBO CDC)1MONGA
10500 Civie Center Drive
Aancho Cucamonga, California 91729
RSt VICTORIA CODRTYAAD
Tentative Parcel Map PM 13808
Parcel Map Conditions per
Conditional Usa Pewit 90-42
Approved July 30, 1991
Deer Brads
M a follow up to our meeting last week, we are requesting a
reduction in the offeits improvemeata required by the above
Conditional Use Permit end Tentative Percal Map as approved by the
Planning Commission on July 10, 1991. I have provided n copy of
the conditions which relates to the improvements on Poothill
Boulevard that states •The limits of the offeits improvements may
be reduced as approved by the City Council".
Now that Co~nitp Pncilities District 91-1 is an hold
indefinitely, we are requesting redevelopment nesietance to
construct the offsltes which were conditions of approval for
Tentative Parcel Map 13808. As each, belore we make a formal
proposal to the redevelopmnt agency, we need to specify the limits
of construction es cell ns the associated costa.
I have enclosed for your information and review a copy of a blue
line drewiaq prepared by Cherchol/warm-n and Associates which
depicts the limits of comtrnetion on Foothill Boulevard per Jnck
Charchol'e discussions with Shintu Bose. It is our understanding
that the scope of improvements we are raquestlnq would be
consistent with other projects approved sitar Victoria Courtyard
such as the Mesi project, Poothill Marketplace, the hotel pro act
at Rochester and Foothill and Lha recently apprnved Smiths Foodkinq
project.
TWO COppOpAT! pLhjA •aUIT[ QgO. N[WPOIR eLACM, CA oaeeo->axe
p, o. eo. eTOO• NLWroaT eucH, cA, e:aee-e>oo
ni+r >eaa-seal FA%"0~~1 9ap-ORa
Hr. Brad Buller
Jenuary 20, 1993
Page Two
I understand that you will be tekinq our request es noon as
possible to the public works subcommittee to get a reading ae to
their thoughts prior to proceeding to the Citp Council. Aa you
know, we are on n very tight time line and ere trying to keep
Rmart, Home Depot, Circuit City and Carl's tied together so the
project will happen. Should you have any questions regarding the
enclosed please let me know, I would appreciate if you would let me
know after you hove had a chance to telk to the public works
subcommittee es to their thoughts. I would also like to know if
public notice is required prior to being heard by the City Council.
I would apprecinte your efforts.
Beet regards,
HUGH83 IHVSSTMBHTS
JO ~ t
JBP/nyc
Bncloaure
cce Linda Daniels
Shlntu Bose
Bryan Austin
Jeck Charchol
u1rT yr 1tANUriV GUUAi\1UNliA
STAFF REPORT
DATE: Ha rch 1:', 1993
T0: Mayor and Members of the City Council ~Vl
Jack Lam, AICP, City Manager
FAOM: William J. O'Neil, City Engineer
BY: Shelley Maddox, Enq+neert ng Aide
SUBJECT: ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0, 39
AHD STREET LicNTING MAINTENANCE DISTRICT NOS. l AND 6 FOR DR 92-
07, LOCATED ON THE EAST SIDE OF MILLIKEN AVENUE, SOUTH OF 6TH
STREET, SUBMITTED BY GTE CALIFORNIA, INCOIIPORATED
AELOMMENDATION
Tt is recommended that the Ctty Council adopt the attached resolution ordering
the annexation to Landscape Maintenance District No. 38 and Street Lighting
Maintenance District Nos. 1 and 6.
ANALYSIS/BACK6ROUMD
DR 92 -07, }ocated on the east side of kill tken Avenue, south of 6th Street is
required to fulfill certain conditions of approval slang wfth the normal
processing. As part of those conditions the Developer is required to install
certain landscape improvements and to have the project annexed into the
appropriate lighting and landscape maintenance dtstricts.
The Consent and Naiver to Annexation form has been received from the Developer
and is on file in the f,1ty Clerk's office. Attached is the resolution
requiring adoption by the City Council to complete the proposed annexation.
Respectfully submitted,
Wily iam J. O'Neil"
City Fnaineer
WJO:SM:dlw
Attachments
i>.7
RESnLUTION f!0. 93-Q5O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE A"'NExATIDN OF
CERTAIN TFRRITORf TO LANDSCAPE MAINTENANCE DISTRICT N0.
?6 AND STREET LIGHTING MA IHTENANCE DISTRICT NOS. i AND b
FOR DR 92-01 (APN: 229-341-Ob)
W HEREP.S, the City Counc ii of the City of Rancho Cucamonga,
California, has previously formed a 5peci al maintenance district pursuant to
the terms of the "Landscaping anA Lighting Act of 1972", being Division 15,
Tart 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance
Oi strict No. 38, Street Lighting Maintenance District No. 1 and Street
Lighting Ma'ntena ace District No. 6 7herel nafter referred to as the
"Maintenance Mstrict"1; and
WHEREAS, the provisions of Article 2 of Chapter ? of tie
"Landscaping and Lighting Act of 1972" authorize the annexation of additional
territory to the Maintenance District; and
N HEREAS, at this time the City Council is Aestrous to take
proceedings to annex the property described on Exhibit "A" attached hereto and
incnrpora teA herein by this referenced to the Maintenance ni strict; dnd
N HEREAS, all of the owners of property wl thin the territory proposed
to he annexed to the Maintenance District have filed with the City Clerk their
written consent to the proposed annexation without notice and hearing or
filing of an Engineer's "Report",
NOW, THEREFORE, THE f,ITY COUNCIL 9F THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLONS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this legislative body hereby orders the annexation
of the mope-- r-mss shown in Exhibit "A" and the work program areas as
described in Exhibit "B" attached hereto to the Maintenance Dlstrtct.
SECTION 3: That all future proceedings of the Maintenance District,
including t e evy of all assessments, shall be applicable to the territory
annexed hereunder.
EXHIBIT 'q'
\SSESSMENT DIAGRAM
iCAPE MAINTENANCE DISTRICT NO. 3
ITING MAINTENANCE DISTRICT NOS. 7 AND 6
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CITY OF RANCHO CUCAMONGA
,.~,. COUNTY OF 5AN BERNARDINO
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STATE OF CALIFORNIA oR 9z--~~
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EXHIBIT "B"
STREET LIGHTS:
WORK PROGRAM
PROJECT: OR ?2-07
NUMBER OF LAMPS
Dist. 5600E 9500E 16,000E 22,000E 27,500E
S1 - --- --- --
S6
LANDSCAPING:
Community
Equest.
Trail Turf
Oi st. D.G.S .F. S.F.
L36 --- ---
Non-Turf Trees
S.F. Ea.
ASSESSMENT UNITS:
Assessment Units
8y OTst~ict
Acres SI S6 L36
1.50 3 1.50 1.50
SM:3 /17/93
CITY OF RANCHO CUCA:VIONGA
STAFF REPORT
DATE: March '.7, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: 'William J. O'Neil, City 'engineer
8Y: Phillip Verbera, Assistant Engineer
SUBJECT: APPROVAL OF MAP AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE
DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 11738, LOCATED AT THE
SOUTHWEST CORNER OF HE RMOSA AVENUE AND ALMOND STREET, SUBMITTED
3Y NERMOSA/ALMOND PARTNERS, LTD.
RECO!lENDATION
It is recommended that the City Council adopt the attached resolutions
apprev;ng Parcel Map 11738, ordering the annexation to Landscape Maintenance
'?f strict No. 1 and Street Lightir!g Ma;ntenance District Nos. 1 and 2, and
authorizing the Mayor and the City Clerk to sign and to cause said map to
record.
ANALrsIS/aAacsRauMD
Parcel Map 11738, located at the southwest corner of Hermosa Avenue and Almond
Street, in the Very Low Residential Development District, was approved by the
~l arning Comni ssi on on March 22, 1989 for the d; vi si on of 2.48 acres into 3
Parcels.
The Developer, Hermosa/Almond Partners, LTD, has constructed all reautred
street, storm drain, community tram and off-site improvements.
A letter of approval has been received from the Cucamonga County Water
D;strict. r,.C. & R. 's have a'so been approved by the City Attorney. The
Consent and Waiver to Annexation form signed by the Developer is on file +n
the City Clerk's office.
Respectfully submitted,
Will tam J. O'Neil/~
City Engineer ;/
WJO:PV:diw
Attachments
RESOLUTION N0. ~3- ~g f
A RESOLUTION OF THE CTTY COUNCIL OF THE CI iY OF
RANCHO WCAMONGA, CALIFORNIA, APPROVING PARCEL MAP
NUMBER 11738
WHEREAS, Tentati ve Parcel Map No. 11739, submitted by HermosalAl mood
Partners, LTO, and consisttng of 3 parcels located at the southwest corner of
Hermosa Avenue and Almond Street, being a division of 7.a8 acres into 3
parcels was approved by the Planning Comm ssion of the City of Rancho
Cucamonga, on March 22, 1989, and is in comps Lance with the State Subdivision
Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and
WHEREAS, Parcel Map No. 11738 is the final map of the division of land
approved as shown on said Tentative Parcel Map; and
WHEREAS, all of the requf remen is estabi isheA as prerequisite to approval
of the final map by the City Council of said City have now been met; and
41HEREAS, said Developer submits for approval said Parcel Map offers n9 for
dedication, for street, highway and related highway purposes, the streets
delineated thereon.
NOW, THEREFORE, THE CITY COUNCIL OF THE f,ITY OF RANCHO CUCAMONGA HEREBY
RESOLVES, that said Parcel Map No. 17738 be and the same is hereby approved
anA the City Engineer is authorized to Dresent same to the County Recorder to
be filed for record.
PARO~L N0. 11738
l~ ?I+E Ci TT OF RANCHO CUCA`IONGE
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CITY OF RANCHO CUCAMONGA
ENGINEERING DIVISION ~
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VICINITY MAP
N75
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ITEM: ,~j~~1ML •C M~(>
TITLE: i~i1RC~~ M[ir 11~3~:
EXHIBIT:
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RESOUIT ION N0. ~J~,3'O J`~'
A RESOLUTION GF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
f,E RTAIN TERRI TORV TO LANDSCAPE MAINTENANCE DISTRICT N0,
I AlID STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2
FOR 11738
WHEREAS, the C1 ty Council of the City of Rancho Cucamonga,
Cal ifornta, has previously formed a special maintenance district pursuant to
the terms of the "Landscaping and Lighting Act of 1972", being Di vision 15,
Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance
District No. 1, Street Lighting Maintenance 0lstri ct No. 1 and Street Lighting
Maintenance District No. P (hereinafter referred to as the "Maintenance
District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the
"Landscaping and Lighting Act of 1912" authorize the annexation of additional
territory to the Maintenance District; and
WHEREAS, at this time the City Council is desirous to take
proceedings to annex the Droperty described on Exhibit "A" attached hereto anA
incorporated herein Sy this referenced to the Maintenance Otstrlct; and
WHEREAS, all of the owners of property within the territory proposed
to be annexed to the Maintenance District have filed with the City Clerk their
written consent to the proposed annexation without notice and hearing or
filing of an Engineer's "Report".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLONS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: That this legislative body hereby orders the annexation
of the property as shown in Exhibit "A" and the work program areas as
desc rl6ed in Exht btt "B" attached hereto to the Maintenance District.
SECTION 3: That all future proceedings of the ~'aintenance Di strtc t,
including the-levy of all assessments, shall be applicable to the territory
annexed hereunder.
E%HI81T 'q•
ASSESSMENT DIAGF3AM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2
LEGEND
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SCa~E I~=80'
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
~r ~ PM 11738
STATE OIF CALIFORNIA EXHIBIT "/~"
DENOTES STREET LIGHT
E%HIBIT 'B"
YIORK PROGRAM
PROJECT: PARCEL MAP 11738
STREET LIGHTS;
NUMBER OF (AMPS
Dist. 5800E 9500E 16,000E 22,000E 27,500E
S1 i _
S2 ?
LANDSCAPING:
Community
Equest.
Trail Turf Non-Turf Trees
Dist. D.G.S.F. S.F. S.F. Ea.
L1 "1,735 --- --- ---
ASSESSMENT UNITS:
Assessment Uni is
By District
DU S1 S2 L1
3 3 3 3
PV:3/17/93
Cr'1'Y Ur' RANI%HU CUUAMUNIiA
STAFF REPORT
DATE: March 17, 1993
TO Mayor and Members of the City Council
lack Lam, AfCP, City Manager
FROM: Duane A. Baker, Assistant to the City Manager
SU67ELT: APPROVAL TO EXECUTE A CONSTRUCTION AND MAINTENANCE
EASEMENT FOR SOUTHERN CALIFORNIA EDISON TO PROVIDE
SERVICE TO TFiE ANIMAL CARE FACB,ITY
It is recommended that the City Council approve the easement requested by
Southern Califomia Edison for construction and maintenance of electrical
service to the Animal Carc Facility.
Southern California Edison is requesting an casement from [hc City that will
allow Edison to construct and maintain the electrical service equipment
needed to opcra[e the Animal Carc Facility.
Construction of these facilities could include underground conduits, cables,
vaults, manholes, and could include above ground enclosures, markers and
concrete pads. Staff recommends that the City Council approve and execute
this easement. The City Attorney has reviewed and approved the agreement
which is attached
R/es~p,'ecN[fu~l,:y Submitted,
Duane A. Baker
Assistant m the City Manager
DAB/dab
Attachment
ur x ur x:x:vt,nV cuunvru:v~~
MEMORANDUM
Date: March 17, 1993
To: Mayor and Mem hers of the City Council
Jack Lam. AICP. City Manager
From: William J. O'Neil, City Engineer
By: Sigmund M. Dellhime, Management Analyst li
Suh_iect: ALITfIORIZE THE MAYOR .4ND CITY CLERK TO
EXECUTE LOCAL ENTITY-STATE AGREEMENT
NUMBER 08-92-46 WTTH THE CALIFORNIA
TRANSPORTATION COMMISSION REGARDING THE
DISTRIBUTION OF ENVIRONMENTAL ENHANCEMENT
,4ND MTI'IGATION GRANT FUNDS IN THE AMOUNT
OF $163,219 TO THE CITY OF RANCHO CUCAMONGA.
RECOMMENDATION:
It is recommended that the City Council authorize the bfayor and City Clerk to execute
Local Entity-Stara Agraemenl Number 08.92-46 with the Califomia Transportation
Commission regarding the distribution of Environmental Enhancement and Mitigation
Grant Funds in the amount of $163.? 19 to the City of Rancho Cucamonga.
BACKGROUND/ANALYSIS
The Califomia Transportation Commission has designated the City of Rancho Cucamonga
as a grant recipient of $163,219 under Proposition I l l's Environmental Enhancement and
Mitigation Program. This program competitively allocates funds to local governments and
non-profit orgunizadons for projects designed to: offset vehicularemissions of carbon
dioxide through the planting of trees and other suitable plants; or, that acquire, restate, or
enhance resource lands in proximity to proposed transportation improvements: or, that
acyuim and/or develop roadside recreational opportunities.
The City o(Rancho Cucamonga will use the grant (ends to construct landscape
improvements east of Rochester Avenue between Highland Avenue and Victoria Park
Lane. The impovemensc include the cons WCtion of a meandering sidewalk, the
instillation of irrigation, and the planting of over 120 trees and 2,1(N) shrubs. In the
absence of the grant the City would only hydroseed the area with drought tolerant plants for
erosion control.
This project is proposed for inclusion in the Fiscal Year 1993/1994 Capital Improvement
Program. It will mitigate the impact of Rancho Cucamonga High School, provide a buffer
between development and the Day Creek - Southern Califomia Edison corridors, to
70
aesthetically screen the Day Retention Basin from public view, and to establish a modest
wind break.
The total cost of the Rochester Avenue -Rancho Cucamonga High School Mitigation
Program is $257,028. The grant will pay for the constmction of all improvements lying
outside of the public right-of-way. Construction of improvements lying within the public
right-of-way will be funded from the RDA Day Creek Channel project (RDA account 11-
5100).
Respectfully Submitted,
~~e~ ~:
William J. O' I, City Enginzer
W1O:SMD
Enclosures
71
LOCAL ENTITY-STATE AGREEMENT NO. 08.92.46
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRR'1-i
PROJECT NUMBER 73
9 93 FISCAL YEAR ALLOCATION
TH1S AGREEMENT, made in quadruple (4) this day of ,
19_, by and between the City of Rancho Cucamonga, hereinafter referred to as
"LOCAL ENTITY," and the State of California, acting by and through the California
Department of Transportation hereinafter referred to as "STATE".
WITNESSETH
WHEREAS, as provided by Streets and Highways Code Section 164.56, enacted
as part of Assembly Bill 471 (Katz) in 1989, funds have been allocated to LOCAL
ENTITY by the California Transportation Commission (CTC) after being recommended
for funding by the Resources Agency for the project submitted by LOCAL ENTI-CY as
described in the application; and
WHEREAS, the application submitted by the LOCAL ENTITY is a part of this
Agreement, all conditions and assurances contained therein are made an expressed part
of this Agreement. Should any conflict exist between the application and the
Agreement, the Agreement shall prevail.
WHEREAS, STATE and LOCAL ENTTI-Y desire to enter into this Agreement
relative to fund transfers and cost sharing on the described project,
NOW, THEREFORE, the parties agree as follows:
ARTICLE f -Project Administration
The project, or projects, described in Exhibit A, hereinafter referred to as
"PROJECT," shall be constructed as provided in this Agreement.
If the project is on State-owned right of way, State design and construction
standards and practices shall be used. If the project is not on State-owned
right of way, ;oval governmen/design and construction standards and
practices shall apply.
3. Construction shall be performed by LOCAL ENTITY in accordance with
the laws applicable to LOCAL ENTITY and applicable State laws and
practices if the project is within the State's right of way.
4. In cases where the approved grant amount is less than the amount for
which the grantee originally applied, the LOCAL ENTITY is expected to
complete the project without downscoping it. This will be accomplished by
supplementing project costs with another funding source or by finding a
less costly way to complete the project.
5. The estimated cost of PROJEC[' is as shown in Exhibit A. LOCAL
ENTITY may, with STATE approval, award a contract for an amount in
excess of said estimate. It is understood, however, that the total allocation
of STATE funds for the project will not exceed that limit set by Exhibit A.
6. in the event the estimated cost of PROJECT decreases by reason of low
bids or otherwise, the allocation of STATE PROJECT funds will be
decreased proportionately with LOCAL ENTITY'S decrease in
participating contributions.
7. After completion and acceptance of project by the STATE, STATE shall
pay to the LOCAL ENTITY, the STATE share of the cost of PROTECT
within sixty (60) days after receipt of a written request [or payment
submitted by LOCAL ENTITY.
8. It PROJECT involves work on the State highway system, it shall also be
the subject of a separate cooperative agreement between the Department
of Transportation and LOCAL ENTITY.
9. LOCAL ENTITY agrees to comply with the requirements of the
nondiscrimination clause (Exhibit B attached hereto) and further agrees
that any agreement or service contract entered into by LOCAL ENTITY
for performance of work connected with the PROTECT shall incorporate
Exhibit B as a part of such agreement.
10. Within one hundred twenty (120) days after completion of all work under
the agreement, LOCAL ENTITY shall prepare and file with STATP. four
(4) copies of a final report of expenditures on the project.
11. Monthly progress payments will be made on a reimbursement basis upon
submittal of invoices by the LOCAL ENTITY and approval by the
Department for project costs incurred.
ARTICLE II -Rights of Way
1. The acquisition, clearance, and improvement of rights of way necessary for
the development of PROJECT shall be the responsibility of LOCAL
ENTITY. Right of way acquisition and clearance costs may be included as
a participating item of total PROJECT costs.
2. LOCAL ENTITY shall perform all PROJECT right of way activities in
accordance with applicable State laws and regulations unless the STATE
determines, in writing, that the Act does not apply to LOCAL ENTTIY's
PROJECT.
3. If any existing public andlor private utilities conflict with the construction
of PROJECT, LOCAL ENTITY will make all necessary arrangements with
the owners of such utilities for their protection, relocation, or removal.
4. LOCAL ENTITY, as part of its PROJECT design responsibility, shall
identify and locate al! utility facilities within the PROJECT area. All
utility facilities not relocated or removed io advance of construction shall
be identified on the PROJECT plans and specifications.
5. LOCAL ENTITY shalt certify legal and physical control of the right of way
ready for constrvction/development of mitigation assets and that the right
of way was acquired in aceordance with applicable State laws and
regulations subject to review and concurrence by STATE prior to the
advertisement for bids for constructioNdevelopment of the PROJECT.
6. It right of way acquisition and clearance costs are included as a part of
PROTECT costs, STATE shall provide funds only for purchase of the right
of way required for the PROJECT. If LOCAL ENTITY acquires right of
way which includes excess land, the STATE will not participate in the cost
of the excess portion. In the event land initially acquired as part of the
PROJECT is declared excess at a later date, LOCAL ENTITY shall
reimburse STATE, no later than one hundred twenty (120) days after
PROJECT completion, for either the fair market value at the time of
disposal or, if that property is retained by LOCAL ENTITY, the pro rata
fair market value of the excess land, whichever is greater.
74
ARTICLE III -Miscellaneous Provisions
Neither STATE nor any officer or employee thereof is responsible for any
damage or IiabiliTy occurring by reason of anything done or omitted to be
done by LOCAL ENTITY under or in connection with any work, authority
or jurisdiction delegated to LOCAL ENTITY under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4,
LOCAL ENTITY shall fully defend, indemnify and save harmless the State
of California, all officers and employees from all claims, suits or actions of
every name, kind aad description brought for or on account of injury (as
defined in Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by LOCAL ENTITY under or in
connection with any work, authority or jurisdiction delegated to LOCAL
ENTITY under this Agreement. STATE reserves the right of represent
itself in any litigation in which STATE's interests are at stake.
2. Applicant will manage and maintain in perpetuity any property acquired,
developed, rehabilitated, or restored with grant funds. With the CTC's
prior approval, the applicant or its successors in interest may transfer the
management and maintenance responsibilities in the property. if the
property is not maintained as described, the Environmental Enhancement
and Mitigation Demonstration Program Fund of the State Highway
Account shall be reimbursed an amount equal to the Environmental
Enhancement and Mitigation Program grant amount or the fair market
value of the property, whichever is higher. All lands acquired with these
funds shall be subject to an appropriate deed restriction approved by
Caltrans.
3. LOCAL ENTITY shall maintain accurate and detailed record of costs for
this PROJECT. Such records shall be retained and made available to
STATE's auditors for examination for a minimum period of four years
from date of final report of expenditures submitted to STATE. LOCAL
ENTITY and its contractors agree that contract cost principles at least as
restrictive as 48 CFR, Federal Acquisition Regulation System, Chapter 1,
Part 31, shall be used to determine the allowability of individual items of
cost. LOCAL ENTITY and its contractors also agree to comply with
federal procedures as set forth in 49 CFR, Part 18, Uniform Administrative
Requirements for Grants-In-Aid to State and Local Governments.
75
4. Any costs for which LOCAL ENTITY has received payment that are
determined 6y subsequent audit to be cnallowable under CFR 48, Federal
Acquisition Regulation System, Chapter 1, Part 31, are to be repaid to
STATE by LOCAL ENTITY,
5. Should LOCAL ENTITY fail to reimburse moneys due STATE within 30
days of demand, or within such other period as may be agreed between the
parties hereto, STATE is authorized to withhold future payments due
LOCAL EN'TITy from any source, including but no[ limited to, the State
Treasurer, the State Controller and the CTC.
6. Upon acceptance of the completed PROJECT by the LOCAL ENT'I7Y, or
upon the construction contractor's being relieved of the duty of
maintaining and protecting the work, LOCAL ENTITY shall assume
responsibility for maintaining the PROJECT.
7. Minor changes may be made in the PROJECT as dexribed in Exhibit q
upon notice to STATE. No major change, however, may be made in said
PROJECT except pursuant to an amendment to this agreement duly
executed by STATE and LOCAL ENTITY. The State will determine what
constitutes a minor change.
8. Neither STATE, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by LOCAL ENTITY under or in connection with any work
authority, or jurisdiction under this Agreement. It is also understood and
agreed that, pursuant to Government Code Section 895.4, LOCAL
ENTITY shall fully indemnify and hold STATE harmless from any liability
impoxd for injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by LOCAL
ENTITY under or in connection with any work, authority, or jurisdiction
under this Agreement.
5
76
9. This Agreement shall terminate on June 30, 1994, or upon completion of
PROJECT, whichever is earlier in time, except that LOCAL ENTITY
duties regarding operation, maintenance. and indemnification shall survive.
IN WITNESS WHEREOF, the parties have executed this Agreement by their
duly authorized officers.
STATE OF CALIFORNIA LOCAL ENTITY
California Department of Transportation
By
Approval Recommended:
6
EXHIBIT A
Local Entity:
City of Rancho Cucamonga
ARTICLE V -project Locatiov and Description of Work Proposed:
Location:
Highland Avenue and Rochester Avenue
Description of Work:
Construct Handscape and Landscape
ARTICLE VI -Proposed Project Funding:
corr. Szs~,oz~
Financing:
Federal Funds (if any)
Local Entity Funds (if any) 5 93,508
State Funds 5163,219
78
EXH[BTT B
FAIR EMPLOWi PENT PRACTICES ADDENDUM
In the perfomtance of this contract, the Contractor will not discriminate against
any employee or applicant for employment because of race, sex, color, religion,
ancestry, national origin, physical haodieap including AIDS, marital status and age
over forty, and cancer-related medical condition. The Coatractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, sex, color, religion,
ancestry, or oational origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the State setting forth the provisions of
this Fair Employment section.
The Contractor will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by the
State Fair Employment and Housing Commission, or any other agency of the
State of California designated by the awarding authority, for the purposes of
investigation m ascertain compliance with the Fair Employment section of this
contract.
Remedies for Willful Violation:
(a) The State may determine a willful violation of the Fair Employment
provision to have occurred upon receipt of a final judgment to that effect
from a court in an action to which Contractor was a party, or upon receipt
of a written notice from the Fair Emploment and Housing Commission
that it has investigated and determined that the Contractor has violated the
Fair Employment Practices Act and has issued an order, under Labor
Code Section 142ti, which has become final, or obtained an injunction
under Labor Cede Section 1429.
(b) For willful violation of this Fair Employment Provision, the State shall
have the right to terminate this contract either in whole or in part, and any
loss or damage sustained by the State in securing the goods or services
hereunder shall be borne and paid for by the Contractor and by the surety
under the performance bond, if any, and the State may deduct from any
moneys due or thereafter may become due to the Contractor, the
difference between the price named in the contract and the actual cost
thereof to the SUte.
G1'1'Y UN' RANCHO CUCAMONGA
STAFF REPORT
DATE: March 17, 1993 _ -
T0: Mayor and Members of the City Council
Jack Laa, AICP, City Manager
FROM: Witham J. O'Neil, City Engineer
BY: Mike Olivier, Senior Civ11 Engineer
SUBJECT: APPROVAL AND EXECUTION OF CONTRACT CHANGE ORDER N0. 2 FOR f18,000
TO DROFESSIONAL SERVICES AGREEMENT C.0. 91-058 WITH NORRIS-REPKE
INC., FOR HAYEN AVENUE WIDENING FROM FOOTHILL BOULEVARD TO BASE
LINE ROAD, ACCOUNT N0. 32-4637-9027 FOR DESIGN CHANGES.
It is recoawended that City Council approve the Contract Change Order No. 2 with
Norris-Repke Inc., for 518,000 from "Measure I Funds," Account No. 32-4637-9027,
for Engineering costs to revise the pions for the Haven Avenue N1dening pro,)ect
frog Foothill Boulevard to Base Line Road. This change will increase the
consulting services contract (C.0. 91-058) to f125,360.
BACKEitOUMD/ANALYSIS
In preparation of the Haven Avenue Ntdening plans, the Engineering staff must
meet all requirements of the County Flood Control District and the U.S. Arrq
Corps of Engineers for storm drain entry into Oeer Creek Channel. After a meeting
between the Corps, County and the City, certain design modifications to the plans
and specifications were required to obtain corps approval. These proposed design
changes should satisfy all Corps of Engineers requirements thus enabling the
County Flood Control District to issue a construction penalt so that the City can
advertise for bids on the Haven Avenue Protect (Street Nidening and
Rehab111tation and Stores Drain Construction) from Foothill Boulevard to Base Line
Road.
The City's design consultant, Norris-Repke Inc., has agreed to do the design
modifications. Fund 32 - Measure I has sufficient funding to cover the cost of
this request.
Respectfully submitted,
~c~~
Nilliam J. O'Neil
City Engineer
NJO:M0:1y
l;l'1'Y VP' itANGHV GUGAil1UN UA
STAFF REPORT
DATE: March 17, 1993 ~~!
T0: Mayor, and Members of the Ctty Council ~~
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector II,
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EKTENSION FOR TRACT
13565-5 TNRU -1C, LOCATED ON THE NORTHEAST CORNER OF SUMMIT
AVENUE ANO NARDMAN BULLOCK ROAD, SUBMITTED BY STANDARD
PACIFIC
RECOMIEIDATIdI
It is recommended that the Ctty Counc7l adopt the attached resolution,
accepting the subfect agreement extension and security and authorizing
the Mayor and City Clerk to sign sa/d agreement.
BlICUfilONID/ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13565-5 thru -10 were
approved by the City Council on February 5, 1992, in the following
amounts:
Faithful Performance Bond: 51,764,000
Labor and Material Bond: S 882,000
Tne developer, Standard Pacific, is requesting approval of a 12-month
extension on said improvement agreement due to slow economic
conditions. Copies of the Improvement Agreement Extension are available
in the City Clerk's Office.
Respectfully subml ted, /~/ s, 0
L { W'-~
Niiliam J. 0'Ne
City Engineer
NJO:SMG:sd
Attachments
81
STANDARD PACIFIC OF
ORANGE COUNTY
February 12, 1993
Mr. Steve Gilliland
Public Works Inspector
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
-,. - 1
Imo; ii
1 r- ..
RE: Expiration of Improvement Agreement for Tract 13565-5 through ]0
Dca: Steve:
Standard Pacific hereby requests a 12-month time extension to the Improvement Agreement
for Tract 13565/5-10.
The extension of time has been requested due to the slow-down in the economy with regard
to the housing industry. Currently, all the necessary infrastructure has been installed in the
tract to provide services to the existing residences. Future infras[mc[ure improvements will
be installed with the development of the remainder of the tract.
Attached is an executed Improvement Agreement Extension, with a check for Twn Hundred
Fifty-One Dollars (S251.00).
Should you have any questions, please feel free to call.
Cordially,
Standard Pacific of Orange Counry,
a division of STANDARD PACIFIC CORP.,
a Delaware corporation
~~~
Mi hael J. White
Project Manager
MJW:kar
Enclosure
Ii65 West MacArthur Boulevard
Costa Mesa, Cahfornu 9x626, Ota1666.4J00 pr]
RESOLUTION N0. 9~ " ~~3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13565-5
THRU -10
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on March 17, 1993, by Standard Pac7fic as developer, for the
improvement of public right-of-way adjacent to the real property specifically
described therein, and generally located on the northeast corner of Summit
Avenue and Hardman Bullock Road; and
WHEREAS, the installation of such improvements, dest rlbed in said
Improvement Agreement and subject to the terms thereof, 1s to be done in
conjunction with the development of said Tract 13565-5 thru -10; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is 7dentifled
in said Improvement Agreement Extension.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the Cfty Clerk to attest thereto.
-CI'T'Y OF RANCHO CUCAMONGA ; ~ ~,y~
STAFF REPORT
~..
DATE: March 17, 1993 ~
T0: Mayor, and Members of the City Council '
Jack Lam, AICP, Ctty Manager
FROM: Nilliam J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Norks Inspector I~'
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP
13724 LOCATED ON THE SWTHNEST CORNER OF FOOTHILL BOULEVARD
AND ETINANDA AVENUE, SUBMITTED BY FOOTHILL MARKETPLACE
PARTNERS
RECOMlEMDATIOM
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND/ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the puDiic improvements for Parcel Map 13724 were
approved by the City Council on November 7, 1991, in the following
amount:
Faithful Performance Set Aside Letter: 51,500,000.
The developer, Foothill Marketplace Partners, 1s requesting approval of a
6-month extension from this date, on said improvement agreement in order
to complete the remaining Improvements on Etlwanda Avenue. Copies of the
Improvement agreement Extension are available in the City Clerk's Office.
Respectfully submitted, ~j) ~~ ,
V !' (~i~l
Nilliam J. O'Neil
City Engineer
NJO:SMG:Iy
Attachments
RESOLUTION N0. 9~' Q~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 13724
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on March 17, 1993, by Foothill Marketplace Partners as developer, for
the improvement of public right-of-wyy adjacent to the real property
specifically described therein, and generally located on the southwest corner
of Foothill Boulevard and Etiwanda Avenue; and
NHEREAS, the installation of such improvements, described 1n said
Improvement Agreement and sub,~ect to the terms thereof, Is to be done in
con,lunction with the development of Bald Parcel Map 13724; and
NHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
improvement Security be and the same are hereby approved and the Mayor 1s
hereby authorizes to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
wit x yr nr~tv~nv i;u~.vivivivvrx
STAFF REPORT
DATE: March 11, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager '
FROM: Nilliam J. O'Neii, City Engineer
BY: Steve M. Gilleland, Public Norks Inspector II,~~~
SUBJECT: ACCEPTANCE OF IMPROYEMENTS, RELEASE OF BONDS AND NOTICE OF
COMPLETION FOR TRACT 13063, LOCATED ON THE EAST SIDE OF
EAST AVENUE BETNEEN HIGHLAND AVENUE AND VICTORIA STREET
RECOMMENDATION;
The required street improvements for Tract 13063 have been completed 1n
an acceptable manner, and 1t 1s recomaended that City Council accept said
improvements, accept the Maintenance Guarantee Bond in the amount of
590,800, authorize the City Engineer to file a Notice of Completion and
authorize the City Clerk to release the Faithful Performance Bond in the
amount of 5408,000.
BACKGROUIO/ANALYSIS
Tract 13063 - located on the east side of East Avenue beMeen Hi ghtand
Avenue and Victoria Street
DEVELOPER: Citation Builders
15101 Redhill Avenue, Suite 100
Tustin, CA 92680
Accept:
Release:
Maintenance Guarantee Bond (Street) E 90,800
Faithful Performance Bond (Street) 5908,000
Respectfully submi~ed, '
~e~LeGf'
Nilltam J. O'Ne1r1
City Engineer
NJO:SMG:sd
Attachment
RESOLUTION N0. 93' OS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 13063 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public Improvements for Tract 13063
have been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
U31~Y VC' tLANGriU UUUAMUNUA ^.;.~
STAFF REPORT
~'
DATE: March 17, 1993 .
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Englneer
BY: Steve M. Gilliland, Public Norks Inspector Ij_~_~
SUBJECT: ACCEPTANCE OF IMPROYEMENTS, RELEASE OF BONDS AND NOTICE OF
COMPLETION FOR PARCEL MAP 11473, LOCATED ON THE SOUTH SIDE
OF HAMILTON STREEI BETWEEN HERMOSA AVENUE ANO CARTILLA
STREET
RECOMMENDATION:
The required street improvements for Parcel Map 11473 have been completed
in an acceptable manner, and it is recommended that City Council accept
said improvements, authorize the City Englneer to file a Notice of
Completion and authorize the City Clerk to release the Faithful
Performance Bond in the amount of f4,900.
BACNSaauNr/AMKrs1s
Parcel Map 11473 - located on the south side of Hamilton Street between
Hermosa Avenue and Cartilla Street
DEVELOPER; Bruce Wei
909 S. Lotus Avenue
Pasadena, CA 91107
Release:
Faithful Perfarnwnce Bond (Street) (4,900
Respectfully submi d,
~'~
Nilliam J. O'Neil
City Engineer
NJO:SMGad
Attarhment
RESOLUTION N0. 9,j' ~J`
A 2ESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR PARCEL MAP 11473 AND ALTHORIZI NG THE FILING OF A
NOTICE OF COMPLETION FOR THE NORK
NHEREAS, the construction of public improvements for parcel Map
11473 have been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Councfl of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer 1s
authorized to sign and file a Notice of Completion with the County Recorder of
Sar Bernardino County.
_ _ u1~cs yr xa:vcnv :. v i.a:nv:vvn •~
STAFF REFORT '',
DATE: March 17, 1993
10: Mayor and Members of the Lity Council
Jack Lam, AICP, City Manager
FROM: Hilliam J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Horks Inspector II.~'
SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONGS AND NOTICE OF
COHPLEtION FOR 5782 NAVEN AVENUE, LOCATED ON THE HEST SIDE
OF HAVEN AVENUE SOUTH OF NILSON AVENUE
The required street improvements for 5782 Haven Avenue have been
completed in an acceptable manner, and 1t is recommended that City
Council accept sai4 improvements, authorize the City Engineer to file a
Notice of Completion and authorize the C1ty Cierk to release the faithful
Performance Bond in the amount of 517,700.
BALK6ROUND/AMALISIS
5782 Haven Avenue - located on the west side of Haven Avenue South of
N11son Avenue
DEVELOPER: Church of Jesus Christ of Latter Day Saints
c/o Ron Ishii 8 Associates
506 N. Graham, Suite 206
Lake Eisinore, CA 92530
Release:
Faithful Performance Band (Street) f17,700
Respectfully suDm1 ed, ~ I~
~~ (~
Hilliam J. O'Ne17
City Engineer
HJO:SMG:sd
Attachment
RESOLUTION N0. 9J- ~jy 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR 5762 HAVEN AVENUE ANO AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for 5782 Haven
Avenue have been completed to the satisfaction of the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NON, THEREFORE, the City Councii of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
91
~xxx yr nntvt;nv t;~~r~rvttnvun
STAFF REPORT "~
DATE: March 17, 1993
T0: Mayor and Members of the City Council '
Jack Lam, AICP, City Manager
FROM: Nilliam J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Norks Inspector I
SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF SECURITY AND NOTICE
OF COMPLETION FOR 6809 HELLMAN AVENUE, LOCATED ON THE EAST
SIDE OF HELLMAN AYENUE SOLm'H OF 19TH STREET
RECOMMENDATION:
The required street improvements for 6809 Hellman Avenue have been
completed in an acceptable manner, and it is recommended that City
Council accept said improvements, authorize the City Engineer to file a
Notice of Completion and authorize the City Clerk to release the Fatthful
Performance Security (Lien Agreement).
BACKGROUINI/ANALYSIS
6809 Hellman Avenue - located on the east side of Hellman Avenue south of
19th Street
DEVELOPER: Laszlo Vass
6909 Neuman Avenue
Rancho Cucamonga, CA 91701
Release:
Faithful Performance Security (Lien Agreement)
Respectfully subm/3.><t~ed,/~
N7111am J. O'Nei cll L
City Engineer
NJO:SMG:sd
Attachment
RESOLUTION N0. 93 ' OJ p
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR 6809 HELLMAN AYENUE AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE NORK
NHEREAS, the construction of public Improvements for 6809 Hellman
Avenue have been completed to the satisfaction of the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOM, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
viii ~r nviv~nv~uu.vinvivur~ ~~,;;,~
STAFF REPORT ='
>`
r.
GATE: March 17, 1993
T0: Mayor, and Members of the City Council '~
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Norks inspector ~'
SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT--12420,
LOCATED ON THE SOUTHNEST CORNER OF NELLMAN AVENUE AND 7TH
STREET
RECONENDATIOM
It is recommended that the City Council authorize the City Clerk to
release the Maintenance Guarantee Bond.
BACKtltOUID/ANAIVSIS
The required one year maintenance period has ended and the street
improvements remain free from defects in materials and workmanship.
OEVELODER: Rancho Park Venture
1608 5. Ylneyard Avenue
Ontario, CA 91761
Release:
Maintenance Guarantee Bond (Street) E30,000
Respectfully submi~CDed,
Nilltam J. O'Neil
~~ Cd'~
City Engineer
WJO:SMG:sd
STAFF REPORT
DATE: March 17, 1993
T0: Mayor and Members of the City Council ~ '~
Jack Lam, AICP, City Manager
FROM: Nilltam J. O'Neil, City Engtneer
BY: Mike D. Long, Supv. Public Norks Inspector
SUBJECT: ACCEPT THE ROCHESTER AVENUE STREET IMPROVEMENTS FROM
VICTORIA PARK LANE TO HIGHLAND AVENUE AND TRAFFIC SIGNAL
AND SAFETY LIGHTING INSTALLATION PROJECT AT THE
INTERSECTION OF HIGHLAND AND ROCHESTER AVENUES, CONTRACT
N0. 92-034, AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE
THE CITY ENGINEER TO FILE A "NOTICE OF COMPLETION"
RECOMMENDATION:
tt is recommended that City Council accept the Rochester Avenue Street
Improvements from Victoria Park Lane to Highland Avenue and Traffic
Signal and Safety Lighting Installation Protect at the intersection of
Highland and Rochester Avenues, Contract No. 92-034, as complete,
authorize the City Engineer to file a Notice of Co~letlon, retain the
Faithful Performance Bond in the amount 5480,094.50 to be used as the
Maintenance Bond, and authorize the release of the retention in the
amount of 326,667.88 and the Labor and Materials Bond in the amount of
f240,047.25 35 days after recordation of said notice if no claims have
been received. Also, approve the final contract amount of 5533,357.67.
BACKGRWND/ANALYSIS
The subtecL protect has been completed in accordance with the approved
plans and specifications and to the satisfaction of the City Engineer.
The final contract amount, based on protect documentation, is
§533,357.67, which Includes three contract change orders for recovery of
cost for a Caltrans permit, removal of a headwall and construction of a
chainlink fence.
Respectfully submi ~~
Nilltam J. O'Nei1(~
City Engineer
NJO:MDI:sd
Attachment
RESOLUTION N0. v/3-SCI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCA.MONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR ROCHESTER AVENUE STREET IMPROVEMENTS FROM VICTORIA
PARK LANE TO HIGHLAND AVENUE AND TRAFFIC SIGNAL AND
SAFETY LIGHTING INSTALLATION PROJECT AT THE INTERSECTION
OF HIGHLAND AND ROCHESTER AVENUES, CONTRACT N0. 92-034,
AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR
THE NORK
NHEREAS, the construction of public improvements for Rochester
Avenue Street Improvements from Victoria Park Lane to Highland Avenue and
Traffic Signal and Safety Lighting Installation Pro3ect at the Intersection of
Highland and Rochester Avenues, Contract No. 92-034, have Deen completed to
the satisfaction of the City Engineer; and
NHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Counc7l of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer Ts
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
Cl'1'Y OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 17, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Michael D. Long, Supv. Public Norks Inspector
SUBJECT: ACCEPT THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT VINEYARD 0.YENUE AT ARRON ROUTE, CONTRACT NO.
92-060 AS COMPLETE, RELEASE BONDS AND NJTHORIZE THE CITY
ENGINEER TO FILE A "NOTICE OF COMPLETION"
RECDMEMOATION:
It is recommended that the City Council accept the Constrution of Traffic
Signals and Safety Lighting at Yineyard Avenue at Arrow Route, Contract
No. 92-060, as complete, authorize the City Engl near to file a "Notice of
Completion", and authorize the release of the Faithful Perfonaance Bond
in the amount of (65,644.00 and release the Labor and Materials Bond in
the amount of 532,822.00, six months after the recordation of said notice
if no claims have been received. Also, authorize the release of the
retention in the amount of 53,382.20, 35 day after acceptance.
BACKGROUND/ANALYSIS
The subtect protect has been completed in accordance with the approved
plans and specifications and to the satisfaction of the City Engineer.
The final contract amount, based on protect documentation, is
565,644.00. The original amount approved by Council was 565,644.00.
Respectfully submitted,
~~~` ~~r
William J. 0' it
City Engineer
WJO:MDL:sd
cr. Purchasing
RESOLUTION N0. 93- Q ~p Q
A RESOLUTION OF THE CITY COUNCIL OF THE C[TY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT VINEYARD AVENUE AT ARRON ROUTE, CONTRACT N0.
92-060, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
HHEREAS, the public improvements for the Construction of Traffic
Signals and Safety Lighting at Vineyard Avenue at Arrow Route, Contract No.
92-060, have been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion 1s requ7red to be filed, certifying
the work complete.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work 1s hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
ORDII~NCE NO. 508
AN ORDIL>707CE OF 1f~ CITY WIH4CII. OF RSiE CPPY OF
RANQ~ QICAhIRJCdA, CALIFOFaIIA, APPROVII4G Dh~]ECOPMFSlP
OOOE AMFI~Ti' 92-01, F~NFNDING TSTLE 17, CBAFPIR
17.12, OF `iffl: PANQiO Q1CNY7NGA M[RIICIPAL CODE,
RB.,ARDING SHOPPING CII7fII2 PAIIICII~K' RDZUIRII`IFNPS, NID
DII~ICING FINDTIX~S IN SUPPOIQ' 'LSIFRIDF.
1HE CP1Y ~S1NCII. OF 'III CFIY OF RAN(3i0 (Z1CA6JFJGA DOES }gREBY ORWIN AS
FOIIIX9S:
SIX.TI~7 1: Section 17.12.040. B.1 of Q~apter 17.]2 is hereby amended to
read in words and figures as follows:
B. ~TffIiCIAL/OFFICE
1. Cam~escial, Retail aryl Service Uses:
(a) Stropping Centers of less than 25,000 square feet. 7fie
parking required will be the semi of parkilq *~+++~*~^~s far
the individual uses.
(b) Stropping Centers of more than 25,000 square feet aryl less
than 1,000,000 square feet of gross leasable area:
(1) Shopping Centers of less than 600,000 square feet, hnt
more than 25,000 square feet of gross leasable area:
Five parking spaces for each 1,000 square feet of gross
leasable area shall be provided. For centers whic3r were
built or approved prior to the effective date of this
Ortlirance, a parking ratio of four and ore half parkingg
spaces for eadt 1,000 sg~are feet of gross leasable area
shall be provided.
(2) Shopping Centers of 600,000 to 1, D00,000 square feet of
grass leasable area: Five and one half parking spaces
for each 1,000 square feet of gross leasable area shall
kr_ pravidetl.
(3) In addition to the above parking requirerents, the
follaaing special parking provisions shall apply:
(i) Forxl Service (defined as restaurants, fast food
restaurants, tavenns, lounges and other
establishments far the sale and wnsrmption an
the premises of food and bever'lges): If over
15 percent of the gross leasable area is occupied
by food service uses, one additiorel space per
100 square feet of the gross leasable area used
for food service shall be provided.
OLd].tianlCe NO. 508
1~ z
(ii) Cinemas ocxvpyirg up to 10 percent of the gross
leasable area in shoppin3 centers of less than
100,000 square feet: 'Three additim,al parking
spaces far every 100 theater seats shall be
provided.
(iii) cinana_ in shopping ce+k=*= of 100,000 to zoo, coo
square feet: No additional parking spaces shall
be +~,; rei7 foe the first 450 tha3ter~ seats;
threE additional parking spaces for every
100 seats over 450 shall be provided.
(iv) Cinenas in shopping centers of over zoo, eoo
square feet of gross leasable area: No
additional parking spaces shall be regui.red far
the first 750 theater seats; three additiorel
parking spaces for every 100 theater seats over
750 shall be providsi.
(v) Offices (including medical and dental): If over
10 percent of the gross leasable area is oaarpied
$' office use, a special parkvg study prepared
in aoanrdar~ce with city Gra..~u..aG, as specified
b~y the City Planras, shall be prepared by the
applicant at the applicant's tntop,wn, Parking
r'equixanvrts far the office use shall be
established based on the City Planner's review
and approval of said special parking study.
(c) Shoppimj Center of over 1,000,000 square feet of gross
leasable area: A special park ing study pre pared in
accvtdanae with City Gran.-~a..tG, as specified by the City
Planner, shall be prepared by the applicant at the
applicant's expen se. Parking rern,;. ..w.,rG far the shopping
centre shall be established based m the City Planner's
review and approval oP said special parki.rg study.
'lhe above. requiramnts will apply for all anmexcial centers in the City;
however, for uses not located within a shopping center, or when deemed
nneoessary by the city Planner to calculate uses independently, the following
sta,rta„~G shall apply:
(d) Automobile washing and cleaning establishments, except self-
service: Sixteen parking stalls.
(e) Self-service autombile washes: 'Iko arcs one half spaces for
each washing stall.
(f) Autambile service arcs gas station: 'three spaces, plus two
spaoas for each service hay.
1~
Ordinance No. 508
Page 3
(g) Bazber shgs ar beauty parlors: Two spao?s far eacdr barber
chair; three spaces for each 6~vtician station.
(h) w,; ldirgs used solely for coin-operates la~u~dr'ceats ar dry
cla3nitxl establiGtime++r~: one space for each three washitg
machines.
(i) Offices, mmoescial hanks, savings and loan offices, other
firarnial institutions, general retail stores, food stores,
srrpetm~rlcets, and drug stores: Ore space for each 250 square
feet of gross floar area.
(j) Oorrtractor's storage yards in oo<vwcLion with mtrtractor's
business; salvage Y~i J~ Yam, automobile wxerking yard;
storage yard: Six sparns separated from the enclose starage
area.
(k) 7imiher yards: ore space far each 300 square feet of gross
floor azea for retail sales, plus one space for eadr 1,000
~, ,_++~ feet of open area devoted to display (Partially
covered, try roof, awning, etc.) ar sales.
(1) Mortuaries and funeral hones: One space for every 2.5 square
feet or fraction thereof of assembly roan ar floar area.
(m) Motels and hotels: one space for eadr guest emit and tco
spaces for resident manager ar owner.
(n) Motor vehicle sales and automotive repair, painting, body
work ar service: One space per 400 square feet of gross
floar area.
(o) Stores solely for the sale of furniture and appliances: One
space for each 500 square feet of gross floor axes.
(P) Trade scd~ools, business colleges, and oo.mercial sdwols:
ore space for each three student capacity of mG~ classroom
plus one space for each faculty member or employee.
SfX,TION 2: This Council finds that this amercLmnt will not adversely
affect the errvirornrent and hereby issues a Negative Declaration.
SFX•PION 3: 'ihe City Camcil declazes that, should arty provision, section,
paragraph, sentetK.-e, or word of this ordirrv~ce to rendered ar declared irnalid
by arty final ccurt action in a taut of eaipete~~t jurisdiction, ar bi' reason
of any preem¢;tive legislation, the remaining provisio~vs, sections, paragraphs
senr`~.ences, and wozds of this Ordinance shall remain in full force and effect.
1~~
t'mii ~rvr+ No. 508
Page 4
SEXTION A: 'ihe city clerk shall certify the adoption of this Ordinance
and shall cause the same to be published within 15 days after its passage at
least once in the Inlard Valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated in
the City or Rancho cSKaimrgn, California.
1~
Cl'1'Y OE RANCHO CUCAMONGA ~~~' ~-
STAFF REPORT r~ ..~ a.
DATE: March 17, 1993
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Mana qtr
FROM: Brad Huller, City Planner
BY: Cindy Norris, Associate Planner /CDBG Coordinator
SU &TECT: CODPIUNITY DEVELOPMENT HLUCK GRANT PRELIMINARY
APPLICATION - FISCAL YEAR 1993-94 - The adoption of the
Preliminary Statement of Conm:un i"_y Development
Objectives and Projected Use of Funds for the Cortmuni ty
Development Block Grant Application for Fiscal Year
1993-94, based on a grant o£ $7]5,000 and program
income in the amount of $19,G10.
AEOD!l~7p11TIQ1
Sta Ef recommends that the City Council take the following actions:
A. Receive for public input the Preliminary Statement of Community
Development 06j ectives and Projected Use of Funds for fiscal
year 1993-9d.
A. assess flood plain impact and consider alternatives to proposed
projects located in the base flood plain.
C. Direct staff to prepare
Development Objectives and
adoption by ttte City Council.
a Final Statement of Community
Project Use of Funds for future
ABSTRACT
Ir, accordance with HUD requirements, staff has prepared the
Preliminary Statement of Conununity Development Objectives and
Projected Dse of Funds (Preliminary Statement) for the Community
Development H1ock Grant (CD HG) Program for fiscal year 1993-94.
In conformance with the Citizen's Participation Plan adopted by the
City Council for the CDBG Program, staff requested and considered
suggestions from the public and City representatives regarding the
use of CDHG funds. The Preliminary Statement provides staff's
recommendations regarding the use of funds. The Preliminary
Statement also includes numerous public policy elements and
cert if ir_ations which are required by Law.
1°
CITY COUNCIL STAFF REPORT
CDRG PRELZMINAkY 3TATEMdNT 1993-94
March 17, 1993
Page 2
IIUD re gu lotions require the City to ho13 a public hearing regarding
the Pre liminarf Statement and to take public input regarding the use
of the funds. Following the public hearing, staff will incorporate
public input and any additional City Council direction into a Final
Statement which will be presented to the City Council at a later date
and submitted to H'uD with the City's application for funds.
HACRGADOND
CDBG funds are provided by the U.S• Department of Housing and Urban
Development (HI1D) to cities and counties based on a Formula which
considers the community's population, extent of poverty, and age of
housing stock. For fiscal year 1993-9d, Rancho Cucamonga is expected
to receive $735,000. To be eligible for CDBG funding, activities
musC meet one of the two following criteria:
A. Improve the living environments or employment opportunities of
lower-income persons, ei thez by providing benefits directly to
lower-income persons oc by providing improvements to areas
occupied primarily by lower-income persons.
D. Prevent or eliminate communiCy bii ght ox blighting inf luencea.
Zn addition, the CDeG regulations provide that at least 70 percent of
all funds must be directed to activitie6 meeting lower-income
benefit. Of the acti vitiea proposed for fiscal year 1993-94, 98
percent provide lower-income benefit.
sBAL7SIS
This year, with a 33 percent increase Sn the City's grant allotment
over last year, staff recommends continuing to provide significant
finds to tY,e Home Improvement Program as well as funding addi tlonal
public service activities in addition to funding other eligible
activities.
Consideration of which public service acti vitiea to fund was based
upon review of specific criteria which includes the following:
- Nests an essential health and safety need.
- Provides etlucational or prevention activities.
- Prevents or eliminates blight or blighting inf luencea•
- Provides proof of oasis [ante or need to Rancho Cucamonga
residents.
- Prior experience with other clties.
104
CITY COUNCIL STAFF REPORT
COBG PRELIMINARY STATEMENT 1993-94
March 17, 1993
Page 3
The City currently provides public service funding to the City's
target area 3raffi ti removal program and to three outside agencies:
Inland Mediation, House of Ruth, and Homeless Outreach. The current
recommendation is to provide funding to four additional outside
agencies: The Boy Scouts of Adventure Mountain, the Sickle Cell
Organization of the West End, Pomona Valley Council of Churches -
SOVA, YWCA Y-Teen Club for High Aisk Youth. In general, th age
p rogzams either address a basic health and safety need or educational
and preventative activities that provide alternatives to high-risk
behaviors for low-income youth.
All service providers have been informed that this is a competitive
grant and that funding provided in one year dce9 not guarantee that
funding will be continued in following years.
A significant amount of additionsl funding is Tecovmended For the
City's Home lmnrovement Program, (1) Lo address the existing
tremendous waiting list for assistance, (2) to provide programs to
encourage an increase in the number of loans funded over grants, and
(3) to encourage greater minority participation. The focus will be
to encourage the substantial rehabilitation of structures rather than
minor repairs.
Aef er to Exhibit "A" for a brief description of activities that are
recoamended for funding in the 1993-94 Fiscal Year.
PPOGPAII IIN13lR
The CDEG Program receives income from repayment of deferred loans
made from participants of the Home Improvement Program. Funds
received will continue to be used to provide houa ins rehabilitation
for lower-income single family homeowners. The amount is an
approximation of what might be received. Income received will not be
known until the end of the fiscal year on June 30, 1993. Ee timated
amount: $19,010.
ALTHIMATIVS TO PLOW PLAT11 Il~IICl'S
Staff has provided, along with the Preliminary Statement, en analysis
of the potential impact of the above-described activities on
designated flood plain zones. HUD regula tion8 require that the City
Council consider alternati vea. staff's recomnendetions for
alternatives and mitigation measures are presented in the Preliminary
statement.
105
CITY COUNCIL STAFF REPORT
CDHG PRELIMINARY STATEMENT 1993-94
March 17, 1993
Page 4
CONCLU51OA
In sunsnary, staff reconmtends the following activities be funded
through the City's 1993-99 CDBG Program:
CARRY OVER/ FY 1993-94 TOTAL
PROGRAM REP ROGRA.M ESTIMATED
Administration $ 20,050 5 97,320 $ 117,370
Home Improvement 165,418 ` 234,470 399,088
Southwest Cucamonga 192,748 86,000 228,748
Sidewalk Grinding 0 25,840 25 ,ed0
Wheelchair Ramps 0 18,840 18,840
Graffiti Removal 0 12,610 12,610
Fair Housing 2,814 6,2d0 9,054
Housing Mediation 0 8,330 8,330
Oldtimers £oundaGion 0 8,000 8,000
Neighborhood Center 73,209 19,240 92.449
House of Ruth 0 6,Sd0 6,540
Homeless Outreach 0 10,000 10 ,ODO
9th Street Desi 9n 0 26,000 26,000
Lions Park Center 0 151,030 151,030
eoy Scouts 0 5,000 5,000
Sickle Cell 0 2,960 2,960
SOVA 0 4,680 4,680
Y-Teen Club 0 11,900 11,900
TOTAL $404,239 5735,000 $1,139,239
Ameunt includes the estimated program income and reprogrammed
contingency funds
Re spectf submitt
Brdd BU r
City Planner
BB:CN/jfs
Attachments: Exhibit "A" - Recommended Programs
Exhibit "B" - Preliminary Statement of Comaunity
Development Obj scti ves and Projected
Uae of Funds for the 1993-94 Fiscal
Year
Resolution Adopting Preliminary Statement Of Community
Development ObjectSves and Projected Ilse of Funds
1W
RSC(1!Offi[m8fl P!a]GRaNS
EXHSBTT A
ON-GOING PpOGtUIMS
A. Administration
$ 97,320
Provide for the administration of the Community Development Hlock
Grant Program, including activities to coordinate the implementation
of the program with the City's other community development and
planning activities. The 7993-94 new funding will ce combined with
an estimated 520,050 being reprogrammed From 1992-S3.
H. Home Improvement Program
$238,470
Continuation of the provision of grants, amortl red loans, and
deferred loans to lower income occupants of single family
residences, including mo611e homes, ea an incentive toward
maintaining or upgrading the existing affordable housing stock which
might otherwise fall into disrepair. The program will continue to
be eligible to all lower income homeowners citywide, but emphasis
shall be placed on ineseasing participation in identified target
net 9hborhooda. Tn fact, an additional contract position will Ue
added in the year to start up a target area program.
Zn addl ti on to 7993-94 new funds, approximately $14d,076 in prior
year funds will be reprogrammed for continued use in the program. A
total of $2,332 in funds will be reprogrammed Fzom the 1992-93
contin 9ency funds and approximately $19,070 in program income will
he added.
C. Southwest Cucamonga Street Improvements $ H6,000
Continuation of the multi-year program to dell9n and construct
street improvements, including construction of curbs, nutters,
sidewalks, street repaving, and installation of street lights, in
the Southwest Cucamonga neighborhood. The following activities are
proposed for funding this yeas:
r_onstruction of Ca iavetae Avenue from 9th Street to Chaf fey
Alley. Improvements include the installation of curbs,
gutters, sidewalks, street li ghts, and new pavement. This
project was approved and funds allocated 1n the fiscal year
1991-92 Final Statement. However, due to coat overruns on
other projects, additional Eunda are required to be allocated
to this project.
1V!
RECOMMENDED PROGRAMS
E%HI9IT A
PAGE 2
Estimated project cost is 5116,300. This cost will be made up
Prom $0,244 of funds remaining from the 1991-92 allocation,
$24,234 in funds that will be reprogrammed from the completed
1989-90 Sierra Madre Street Project from Arrow Route to 9th,
and $03,030 i1 new funds.
2. Construction o£ Vinmar Avenua from 9th Street to Chaf fey
A 31ey. Improvements include the installation of curb, gutter,
sidewalks, street lights, and new pavement. Thls project acs
approved and funds allocated in the 1992-93 Final Statement.
Roweve r, due to new cost estimates, some additional funds will
be necessary.
The estimated project cost is $112,440. Fonda remaining from
the 1992-93 fiscal year allocation total $110,270. The new
allocation will total $2,170.
D. Sidewalk Grinding
$ 25,840
Grinding down displaced sidewalks in areas located in lower income
target neighborhoods. This is the third year of thla program.
E. Wheelchair Ramps
$ 1B ,840
Retrofitting existing curbs to accommodate the handicapped.
Projects are located citywide. This is the third year of this
program.
e. Graffiti Removal
$ 12,610
This is the continuation of a multi-year program to eliminate
graffiti from identified lower income target neighborhoods.
G. Fair Housing
S 6,240
The City is required by the CDBG program to provide this activity.
Rancho Cucamonga contracts with Inland Mediation to provide public
education, mediation, counseling, and legal referral setvicea to
promote fair housing.
Total project root of $9,054. In addition to $6,240 in Fiscal Year
1993-94 funds, $2,814 in furde shall be reprogrammed from the Fair
Housing Testing Program approved in Fiscal Yeat 1992-93.
N. Mousing Mediation
5 0,330
continuation of the Inland Mediation Board's provision of mediation
services for landlords and tenants to promote fair and lawful
treatment by all parties with regards to disputes between landlords
and tenants.
108
RECOMMENDED PROGAAMS
EXHIBIT A
PAGE 3
I. Oldtimers Foundation S P,000
This program provides a complement to the City's Home Improvement
Program by providing immediate service for emergencies and small
home repairs. The grogram is available to low income and senior
households. Repairs may include such items as minor electrical,
plumbing, and roof patching.
T. Neighborhood Center
519,240
Funds to provide for design and construction of handicap
improvements were provided in 1991-92. Additional funds were
allocated in fiscal year 1992-93 to allow for rehabilitation of the
roof and floor and ext+rior painting. Additional funding is
required in fiscal year 1993-96 to provide adequate capital to
complete the design work for the handicap improvements.
Total estimated project cost is $92,dd9. Prior year funds allocated
total $73,209.
K. House of P.uth
S 6,540
Provides she ire r, pregrama, opportunity, and education for battered
women and their children who are et risk of homeleasneea. Services
provided include 24-hour emergency safe shelter for up to 30 days,
24-hour crisis intervention hotline, 24-hour emergency
transportation, outreach offices, children's programs, legal and
social advocacy, as well as community education and violence
prevention programs.
L. Homeless Outreach
$ 10,000
Provides assistance to persons who are homeless or at-risk of
beroming home leas. A variety of services are offered including, but
not limited to, such things ae clothing, personal grooming,
i dentlfication acqulsiiion, shelter vouchers or referrals, bus
tokens, drug and alcohol education, literacy clasaea, food and
nutrition clasaea, and vocational and job reads nesa classes.
M. Contingency
$0
Contingency funds allocated for the 1992-93 fiscal year have been
carried aver Sn order that they may, at a future date, be
reprogranm~ed into a proposed job center pilot program. There are a
significant number of issues that need to be resolved before a final
determination can be made concerning this program including an
environmental assessment. if the City Council determines that they
do not wish to go forward with the pilot program, funds will then be
reprogrammed into Historic Preservation.
1^^
RECOMMENDED PROGRAMS
EXHI HIT A
PAGE 4
The estimated cost for the public services activities related to the
job center program total $29,440. A remaining $2,330 in funds will
be reprogrammed to the Home Improvement Proqzam.
NEW PROGRAMS
N. 9th Street Design
$ 26,000
Design for the future construction of streets, curbs, gutters,
street lights, sidewalks, and new pavement for 9th Street between
Sierra Madre Avenue and Grove Avenue. Zn addition to design, right-
of-way acquisition necessary for this project will occur in this
stage. This project is part of the on-going Eouthwest Cucamonga
Street Improvements.
0. Lions Park Community Center $151,030
Design and improvements to the Lions Community Center to bring the
facility in comgliance with the Americans with Dieabi litiee Act
requirements. Work on this project will occur over at least a two
year period. The fist phase, Piacal Year 1993-94, will involve the
design of the new improvements, including conceptual end final
design. The second phase in the following year will involve
construction of the improvements. Funds provided this year include
$51,030 toward design and $100,000 toward Euture construction
activity. The total cost of this project Se estimated to be
$438,523.
P. Boy Scouts Adventure Mountain $ 5,000
The Boy Scouts of America, Old Baldy Council, provides camps ships
to Sower income youth not presently introlved in scouting. The
program will offer the boys a chance to experience a positive
influence on their lives through an activity based program combined
with the use of scouting patrol method where youth can take on
leadership positions. The project would provide $250 scholarships
for 20 boys in the 5th and 6th grades from Rancho Cucamonga, a
camping experience at Holcomb Valley Scout Reservation.
p. Sickle Cell Or gani ration of the Inland Counties $ 2,960
Will provide free education testing and counseling services to hlgh-
riak low and moderate income individuals. High-ri ek population is
defined ae individuals and couples who are Hispanic, Italian, Greek,
Blackr and anyone of Mediterranean descent. Servlcee will be
provided by a State Certified, Registered nurse at the Rancho
Cucamonga Neighborhood Center once every three weeY,s.
i1o
RECOMMENDED PROGRAMS
E7(H IBIT A
PAGE 5
R. Pomona Va]ley Council of Churches 5 4,680
West End Hunger Program - SOVA
The West End Hunger program will provide economically disadvantaged
tesi dents of Rancho Cucamonga a five-day supply of food for all
members of a household. In addition, advocacy and referral services
are provided by the agency. The program also seeks to help create a
sense of empowerment by offering classes and by recruiting
volunteers from the clientele to work at the site.
S. YWCA Y-Teen Club far High Aisk Youth $ 11,900
The YWCA will develop two year-round Y-Teen Clubs at Rancho
Cucamonga Middle School and Cucamonga Jr. High. The clubs will meat
weekly after school and in the aummar. The focus will be on
activities and education which provides young girls alternatives to
high-risk behavior. The goal is to reduce the incidence of gang
involvement, teen pregnancy, school dropout, substance abuse, and
other high-risk behaviors.
111
PRELIMIMAAY STATEMENT OF
COMMUNITY DEVELOPMENT OHJECT I`JES
AND PROJECTED VSE OF FUNDS
FOR THE 1993-94 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
CITY OF AANCAO CUCAMONGA
MAACA 1993
112
TAHLE OP CONTENTS
PacZa
r• STANDARD APPLICATION FOR FEDERAL ASSISTANCE .. ..................7
II. INTAODVCTION .......................... .. ..... ..................2
III. COMMUNITY DEVELOPMENT PLAN ................................. ....q
IV• STATEMENT OF COMMUNITY DEVELOPMENT OBJECT IVES . .................5
V. PROJECTED USE OF FUNDS ................ ....................... ..]
VI• POTENTIAL IMPACTS TO FLOODPLAINS AND
PROPOSED MITIGATION MEASURES ............... ....... ......... .22
VI I• STATEMENTS OP POLICY .......................... ................25
A. Citizens' Participation Plan ........ .... ................26
B. Relocaticn Policy ................... .... .......... ......26
C. Aeai dential Anti-Displacement Plan ..... ................. 27
D. Criteria for Substantial Change ......... ................28
VIII. CERTIFICATIONS ........................ ........... .............30
113
LISP OP PIWRBS
Figure No• p-~~
1 Target Arna Map ........................... ........ ............21
2 Flood Plain Boundary Map.......••••••••••••••• " " " " " " '•••24
114
I - STAADAHII APPLICATIQI POA PIIDSAAL ]1SSISf118CS
-~-
115
II - INTRODUCTION
The Pre limi.^.ary and Final Statements of Obje ctiveg and Projected Use of
Funds are the primary documents intended to provide the residents of the
City of Rancho Cucamonga with an eppoztunity to review and eomaent upon
the ways in which funds from the Community Development Black Grant
(CDBG) program are to be used to support neighborhood improvement
activities throughout the City. This document establishes a
comprehensive set of long-term goals and short-term strategies which
will most effectively target these important resources to meet the
community's needs.
The Final Statement is speci Eica lly designed to encourage partioipation
by all residents of the City in identifying the community's housing,
community development, and pub lie service needs and in evaluating the
strategies which are proposed to meet these needs. Upon approval by the
City Council of the City of Rancho Cucamonga, City staff will
ircorporaie the statement into the CSty'e application for funding from
the U.S. Department of Housing and Urban Development THUD) under the
CDBG program for fiscal year 1993-9d.
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The CDBG program Sa funded by the Federal government through the U.S.
Department of HUD. The program provides federal funds directly to
cities and counties fora variety of housing, cos®unity development, and
public service activities. The amount of funds which may be received by
each ell gib le Clty and County 1s determined by a mathematical formula
which measures the covmtuni ty's population, the age of the housing stock,
and extent of persons living Sn poverty.
Each City and County decides for ltse l£ how the money can beg[ be used
to meet the unique needs of it9 re aidenta. Within the guidelines
established by the program, each City and County evaluates ire a+rt
nee de, then designs and operates activities to meet those needs.
The primary goals of the CDBG program are to improve the living
condi bona and economic opportunities of lower income persona, to
prevent and eliminate community blight and blighting influences, and to
meet urgent nee de for which no other resources cart be found. A minimum
of 70 percent of the benefits of the CDBG funded activities moat be
directed to activl ties which assist lower Sncome persona either by
providing henefi to and se rvi cea directly to lower income pe raona, or by
improving neighbcrhoode which are occupied primarily by lover Sncome
pe tsons.
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THE CDHG APPLICATION
Each year, communities wishing to receive CDHG funds must provide to the
U. s. Department of Housing and Urban Development an application, along
with an evaluation of the community's needs, long-te nn goals, short-term
objectives, and proposed activities £or the coming year. The
appli.ca Lion also includes several statements of policy regarding haw
CDBG funds will he used to minimize displacement of residents, provide
relocation benefits where ne ceseary, and evaluate the need to receive
additional conmunity input amending its proposed activities. Finally,
the appll ca tion must also include a series of certifications by which
the community agrees to meet the requi remente of £e deral law in carrying
out its CDBG funded aciivi tie a.
COMMUNITY PARTICIPATION IN THE CDBG APPLICATION PROCESS
Sn preparing the CDBG application, each community is required to
establish a Citizen's participation plan that provides the public an
opportunity to review and comment upon the proposed urea of CDRG
fun da. The Citi zena' participation plan for the City of Rancho
Cucamonga is included in this document.
In accordance with the Citizens' Partlcipatlon Plan, the CDBG program
staff solicited ideas for projects to recelva CDBG funding during the
upcoming year. Leith is were sent to name roue community grpups and
agencies, ae well as to all CS ty departmenie. A display advertisement
was publi shod in the Inland Valley Da11y Bulletin nexepaper one month
prior to consideration of the Preliminary Statement and notices were
poe red in general community location ten days before the meeting. The
City Council reviewed the Preliminary Statement at a public hearing on
March 17, 1993. At that meeting, the City Council approved the
Preliminary Statement and directed staff to prepare the PSnal Statement.
A public hearing on the Final Statement of Objectives and Projected Use
of Funds is a required part of the Citizens' Participation plan.
Notices of the public hearing to be held on the Final Statement of
Objectives and Projected Use of Funds were published on in the
local paper, ten days before the City Council meeting date
of and notices were posted Sn community locations ten days
prior to the meeting.
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III - COMORITT D6V6LOP!!BN'f PLAH
In order to integrate the projects and activities undertaken through the
Community Development Hlock Grant (CDHG) program with other housing and
community development activities undertaken by the City and to
coordinate long-term goals and sT.ort-term objectives, the City Council
of the City of poncho Cucamonga hereby adopts the following Community
Development Plan.
THE GENERAL PLAN
The General Plan is the primary document establishing the goals and
objectives of the housing and community development projects and
activities to be undertaken by the City of poncho Cucamonga. All
projects and activities undertaken through the CDHG program are to be in
compliance with the General plan. In addition, in selecting the
projects and activities to be undertaken through the CDBG program, the
City will first consider those projects which moat directly ae rye to
implement the goals and objectives of the General plan.
COFTREHENSIVE HOUSING AFFORDABILITY STRATEGY
The Comprehensive Housing Affozdebi lity Strategy (CEAS), which is
prepared each year for submission to the U.S. Department of HUD, ie the
primary document establishing the goals and objectives oP the housing
development, mortgage and rental assistance, and residential
rehabilitation activities to he undertaken by the City of Rancho
Cucamonga. The five year CHAS was prepared in compliance with the
Housing Element of the General plan. In developing and revising the
CNAS, on an annual basis, the C1 ty will fi rat consider those projects
which moat directly serve to implement the goals and objectives of the
Hcusing Element.
COMMUNITY REDEVELOPMENT AGENCY 3pECIPIC pyANS
The Specific Plane adopted by the Community Redeye lopmant Agency are the
primary documents establishing the goals and objectives of the Community
Redeye lopment Agency funded activities to prevent and eliminate blight
and bllghiing influences in the City of Rancho Cucamonga. In ee le cting
proje eta and activities to ba undertaken through the CDHG program in
lower income and Community Redevelopment Agency target areas, the City
will ES rst consider those proje ate which moat directly serve to
Implement the goals and objectives of the Specific Plans.
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IV - SSAT~16pR OP COM0BI7T DSVNT O&7HGTIVBS
In order to establish long-term yowls and objectives for the Community
Development clock Grant (CDBG) program, the City Council of the City of
Rancho Cucamonga, hereby adopts the following Statement of Community
Development Objecti Ve B:
COMM[JN ITY DEVELOPMENT OBSECTIVES
1. To revitalize and stabilize deteriorating neighborhoods, to prevent
and eliminate blight and blighting influences, and to eliminate
conditions detrimental to the health, safety, and public welfare.
2. To upgrade the City's substandard rental and comer-occupied housing
stock through various forme of financial asaiatance for re aidential
rehabilitation.
3. To provide improvements to public areas and public facilities which
make them more useful and attractive, including developing and
improving parks and recreational fact litres.
4. To fund public se rvicea which improve the quality of the living
environment and complement physical development activities being
conducted in the City.
5. To fund public se rvi cea which improve the quality of life for lower
income persons, including at risk youth, senior citizenar
handicapped, and home le as persona.
6. To assist with the expansion of facilities and public services
which improve the quality of life for senior citizens and the
handicapped.
7. To provide inceniivea for the press rvation of historic props tires
through the elimination of structural coda de ticiencies.
H. 'to provide information and affirmative euppott toward the goal of
ensuring the[ all residents have access to a decent home of their
choice in a suitable Siving environment.
9. To provide the administrative capacity to implement the City's CDBG
program, fair housing, and landlord./tenant mediation services, and
to coordinate the ra search, planning, and implementation of General
Plan artd Rousing Element re vi crone.
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SPECIFIC COlAS7NITY DEVELOPMENT NEEDS
In order to provide foe the development of specific activities in
support of the goals and objectives described above, the City Council of
the City of Rancho Cucamonga hereby identifies the following specific
needs tc be met through the CDHG program:
Financial assistance for owners of single family residences
occupied by lacer income households is needed to encoura ga housing
rehabilitation and to improve the quality of housing affordable to
such persons and to prevent the deterioration o£ the housing stock
which othe rviae might result from a lack of resonrcea for housing
maintenance available to owners of housing affordable to such
households. The provision of ouch assistance also contributes to
the City~s general efforts to promote housing quality standards and
eliminate structural code deficiencies citywide and in identified
lower income target areas•
2. The provi eion of incentives for the rehabilitation of historic
properties and the elimination of structural deficiencies ie needed
to prevent and eliminate blight, blighting influences, and
conditions detrimental to public health and safety.
3. The continuazion of the City~g ongoing efforts to design and
construct street and sidewalks nee dad io improve the living
envi ronmente and prevent the deterioration of the trenaportation
infrastructure in low/moderate net ghborhoods.
4. The provision of landlord/tenant ne dietion and fair housing
service a.
5. Provision of expanded recreational fact li ties and rehabili Cation of
public facilities serving low/moderate income areas, senior
citizens, and the handicapped.
6. Elimination of the blighting Sntluence o£ graffiti Erom
low/moderate income neighborhoods.
7. The provision of Public Service ActSVltiea
incovp persona and those with ape cial or
but not exclusive to, such actlvi ties
homeless, job services and referrals, and
facilities.
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to assist low/moderate
urgent needs, including
as assistance, to the
battered womene shelter
120
v - Pia).lECT® vss oe POND9
ON-GG ING PROGRAMS
A. ADMINISTRATION
cescription: This program Will provide for the continuing
administration of the CDHG program,
includinv activities to coordinate the
implementation of the CT)BG program With the
City's other community development and
planning activities.
Leca ti on: This program would provide for the
administration of the COBG program citywide.
Eligibility: This project ie eligible under Section
570.206 of the CDBG re 9ulations.
Benefit: This program provides for benefits to the
pe .eons and neighborhoods to ba served by
the following programs.
National Objective: 570.208(d)(4)
Fiscal Year 1993-94
proposed Funding: $ 97,32D
Carry Ove Y/reprogram (Estimated): $ 20,050
Total: $117,370
B. HOME IMPROVEMENT PROGRAM
Description: The continuation of the provision of grants,
amortized loans, and deferred loans to lower
income occupants of single family
residences, including mobl le homes, as an
incentive to maintain or upgrade the
existing affordable housing stack which
otherwise might fall into disrepair. The
program shall continue to be eligible to all
lover intone home amens citywide, but
emphasis shall be placred on 9xlatin9
homeowners in designated target areas.
There are three existing components to the
citywide Houeing Rehabilitation Program:
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1. The Low-Interest Loan Program would
provide amortized low-interest loans of
up to $20,000 to owners of single-
family residences occupied by lower
income persons.
2. The Deferred Loan Program would provide
non-amortized loans of up tc $15,000 to
senior citizens, households headed by
handicapped persons, and very-low
income families who are owner-occupants
of single-family residences. The loans
would be due and payable upon sale of
the home.
3. The Home Rehabilitation Grant Program
would provide grants of up to $S,OOD to
lower income owner-occupants of single-
family residences.
It is possible that with the
development of a target araa program
that additional or revised program
components will be developed.
Location: All programs would be available citywide but
with emphasis on target areas.
Eligibility: This program is eligible under Section
570.202 of the CDBG Regu latlons.
Aenefit: All loans and grants will be used for the
rehabLlitation of residences occupied by
lower income households.
National Objective: 570 .208(a)(3)
Fiscal Year 1993-94
Project Funding: $234,470
Carry Over/reprogram
(Estimate): $144,076
From 92-93 Contingency: S 2,332
Program Income: $ 19,010
Total: $)99,088
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C• SOUTHWEST CUCAMONGA STRE¢T IMPROVEMENTS
Description: This project involves the design and
construction of streets, curbs, gutters,
street lights and sidewalks for specific
streets in the southwest Cucamonga
neighborhood. This is the continuation of
an on-going improvement project. In
addition to the raw design improvements
funded with 1993-94 fiscal year funds, there
are continuing improvements that were
approved in prior fiscal yea r9 that will 6e
completed. Additional fun de have been
allocated for the completion of constrvction
for Vinmar Avenue dnd Calave ras Avenue
between 9th Street and Chaffey Alley. Funds
far these previously approved projects are
shown as estimated carry over/reprogram
amounts.
Location: The following activities are proposed to be
funded this year:
Construction of Ca lave roe Avenue from
9th 9tzeet to Chaffey Alley.
Improvements include the instal lotion
of curbs, gutters, sidewalks, street
lights and new pavement. This project
was approved and funds a?.located in the
fiscal year 1991-92 Final Statement.
However r, due to coat eve nuns an other
projects additional funds are required
to be allocated to this project.
Estimated project coat $116,308.
Funds remaining from
91-92 Southwe at Cucamonga
Allocation: $ 8,244
Fun de Reprogrammed
From the 1989-90 Sierra
Madre Street praje ct,
From Arrow to 9th Street: $ 24,234
Fiscal Year 1993-94
Project Funding: $ 03,830
Construction of Vlnmar Avenue from 9th
Street to Chaffey Alley. Improvements
include the inata llation of curbs,
gotta ra, sidewalks, street lights and
nee pavement. This project was
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approved and funds allocated in the
1992-93 fiscal year Final Statement.
Bowe ve Y, due to new cost estimates some
additional funds will be necessary.
Estimated pzoje ct cost $112,660.
Funds Femai Wing From
1992-93 Fiscal Year: $170,270
Fiscal Year 7993-94
Project Funding: v 2,170
Eligibility: This project is eligible under Section
570.201(c) of the CDBG Re gala ti on s.
Pe nefit: The streets to be improved are lOCated in an
area whern 51 pe reent or more of the
residents are lower income.
National Objective: 570.208(a)(1)(ii)
Fiscal Yeaz 1993-9d
Project Funding: $ 86,000
Carry Over/reprogram $118,514
(Estimated):
PYior Year Southwest
Cucamonga Accounts From
sle rra Madre Avenue Ac count
Between 9th and Arrow $ 24,234
Total: $228,748
D. SIDEWALK GRINDING
De scrip tl on: Thie project Snvol yea the grinding of
di aplaced eidewalka by trees. This is the
continuation of an on-going program.
Location: The project that will be undertaken is
approximately 500 scattered sites.
Eligibility: Thie project is eligible under Section
570.201(c) of the CDBG regulations.
gene Eit; The ei dewalks to ba repaired are located in
lower income are a9.
National objective: 570.208(a)(1)(11)
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Fiscal Yeaz 1993-94
Pzoje et Funding: $25,840
tarry Over/reprogram $0
(Estimated):
Total: $25,840
°. WHEELCHAIR RAMPS
ce scription: This project involves the retrofitting of
existing curbs to accommodate handicapped
pe raona. This is the continuation of an on-
going program.
Location: The project will he undertaken citywide.
Eligibility: The project is eligible under Section
570.201(k).
Benefit: The project will benefit the handicapped who
are presuaed by HUD to be low and moderate
income persona.
National Objective: 570.208(a)(2)(ii)
Fiscal Year 1993-94
Project Funding: $18,840
Carry Over/reprogram $0
(Estimated):
Total: $18,840
F. GRAFFITI REMOVAL
Dea cription: This project involves the removal of
graffiti from single-family residences and
public props rtiee. Thi9 is the continuation
of an on-going program.
Location: The project will be imp le manted in the block
grant target ne Sghborhooda.
Eligibility: The project is eli glble under Section
570.201(e) of the COBG regulations.
Gene f.it: The graffiti removal project will occur in
low/moderate target areas only, as a means
of improving the Living environment of these
neighborhoods.
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H
National Objective: 570 .208(a)(1)(ii)
Fiscal Year 1993-94
Project Funding: $12,610
Carry Over/reprogram SO
(EStimate3):
Total: $12,61C
FAIR HONSING
Description: The City is required by CDBG regulations to
provide this activity. Aancho Cucamonga
contracts with the Inland Mediation Hoard to
provide public education, mediation,
counseling, and legal referral services to
promote fair housing. panda remaining from
the Fair Housing Testing program were
reprogrammed to Fair Housing.
Location: Services will be provided through the Inland
Mediation Board, 620 North Lemon Avenue,
Ontario, California 9176d. Services will be
available citywide.
Eligibility: The project is eligible under Section
570. 201(e) of the CDBG program.
Henef it: The project will service a limited
clientele, at least 51 percent of whom are
low or moderate income persons.
National Objective: H70.208(a)(2)(i )(b 6 d)
Fiscal Year 1993-96
Project Funding: $6,260
Carry Over
Reprogranmed From Fair.
Housing Testing Program:
Total:
LANDLOAII/TENANT MEDIATION
Description: This Froject will
dispute mediation
information and ref
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$2,814
$9,054
provide landlord/tenant
services and provide.
erral to City residents.
1!l)
Location: Services will be provided through the Inland
Mediation Hoard, 42D North Lemon Avenue,
Ontario, California 91764. services will be
available citywide.
Eligibility: This project is eligible under Se ctian
570.201(e) of the CDBG program.
Benefit: This project will service a limited
clientele, at least 51 percent of whom are
low or moderate income persons.
National Objective: 570.200(a)(2)(i)(b 6 d)
Fiscal Year 1993-94
Project Funding: $H, 330
I. OLDTSMERS FOUNDAT ZON
Description: This program will complement the City's Nome
Improvement Program by providing immediate
service For emergency and small home
repel ra. The program will be available to
low income and senior households. Repairs
would include such items ae minor
electrical, plumbing, and roof patching.
Cost for material is limped to 5100 per
job, with a maximum of two visits pez
household allowed in a year.
Allowance will also be made for emergency
repel is involving health and safety items.
'Vi th City approval, a one-time grant of up
to $200 will be allowed.
Location: Services will be provided by the Oldtime i9
Foundation, 8572 Sierra Avenue, Pon to na,
California. Se rvicea will be available
citywide.
Eligibility: This project is eligible under Section
570.202 of the CDEG program.
Benefit: All grants will be used for the minor
rehabilitation of rest dencea occupied by
lower income households.
National Objective; 670.208(a)(3)
Fiscal Year 1993-94
Ptoje ct Funding: $8,000
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J. NEIGHBORHOOD CENTER REHABS LITATICN
Description: Funds to provide for design and construction
of handicap improvements ware provided in
fiscal year 1991-92. Additional funds were
allocated in fiscal year 1992-93 to allow
for rehabi lStation of the Neighborhoo3
Center. Additional funding Ss required in
fiscal year 1993-43 to provide adequate
capital to complete the design work for the
handicap improvements.
Location: City of Fancho Cucamonga Neighborhood
Center, 9791 Arrow Route.
Eligibility: This project is eligible under Section
570.2D1(c).
9e nef it: The Center is located in a low income target
area, CT21, BG3, though services are
provided to eligible reaidenia who live
outside the target area. Primary use re of
the Center are senior citizens with numerous
activities benefiting low incose individuals
and families.
National Objective: 570.20E(a)(2)(1)(a) Limited clientele.
Fiscal Year 1993-94
Project Funding: $79,24tl
carry over/reprogram 573,209
(Estimated):
Total: $92,449
K. FAIN HOUSING TEETTNG
Description: The purpose of Lhia program uas to feet
alleged discrimination cases and to provide
back-up to Federal and State enforcement
departments. This project was never started
as Inland Mediation was unable to run this
program. The funds allocated in 1992-93
were reprogrammed into Fair Mousing.
Location; Se rvlcea would have been provided through
the inland Mediation Honrd, 427 North Lemon
Avenue, Onterlo: Ca llfornia 91764. The
program will ba implemented ei tywide.
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K.
L.
Eligibility: This project was eligible under Section
570.201(e) of the CDBG regulations.
Benefit: This project would serve a limited
clientele, at least 51 percent of whom are
low or moderate income persons.
National Objective: 570.208(a)(2)(i)(d)
Fi seal Year (993-9d
Project Funding: 0
HOUSE OF RUTH
Description: Prowl des shelter, ro
p grams, opportunity, and
e du cation for battered women and their
children who are ai-risk of homelessness.
Services provided include 24-hour eaergency
safe shelter for up to 30 days, 24-hour
crisis intervention hotline, 24-hour
emergency transportation, outreach offices,
children~s programs, legal and social
advocacy, as well ae ewmanlty education and
violence prevention programs.
Location: Services are provided 6y the House of Ruth,
P.O. Box 457, Claremont, California 97711.
Services are available on an ae needed basis
to Rancho Cucamonga residents.
Gli gibi li ty: The project is eligible under Section
570.201(e) of the CDBG regulations.
Benefit: The project will serve a limited clientele
who are preaumod to 6e low income due to the
nature of their ci rcumetance.
National Objective: 570.208(a)(2)(i)(a)
Fiscal Year 1993-96
Project Fundinq: $6,540
Carry Over/reprogram 0
(Estimated):
Total: $6,540
HOMELESS OUTPEACH
Description: The project will provide assistance to
persona who are or are at-ri ak of becoming
home le sa. A variety of ae rvices are
provided including such things ea clothing,
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personal grooming, identification
acquisition, shelter vouchers or referrals,
bus tokens, drug and alcohol education,
literacy classes, food and nutrition
classes, etc.
Location: Services will be provided through the
Home less Outreach and Referral Program,
122 5. Vine Stree [, Ontario, California
91762. Se rvicea will be available on an as
needed basis to Rancho Cucamonga residents.
F.li gibility: This project Ss eligible under Section
57O.2O1(el of the CDHG regulations.
Benefit; This project will serve a limited clientele
who are pre eased to he lw income by the
nature of their situation.
Nat].onal Objective: 57O.2OH(a)(2)fi)(a)
Fiscal Yeat 1993-94
Proje Ct Funding: $10,000
M. CONTINGENCY
Leacziption: This amount, which was allocated in fiscal
year 1992-93 le being held in order to
potentially be reprogrammed into a proposed
job center pilot program. There ere a
significant number of issues that need to be
resolved before Final determination can be
made regarding the pilot program including
environmental asaesamente. If it is
de teemined by the City that there w!.11 he no
job center program, the funds will then be
reprogrammed into Historic pleas rva lion.
Location: At a proposed job Center location at the
northeast Corner of Grove Avenue end 8th
Street or citywide through use in the
Historic Pre ae rvation program.
Fiscal Year 1993-94
project Funding: 0
Carry Over/reprogram: $ 2,330 to
the Nome
Improvement
program,
Total Remaining: $29,440
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NEW PROGRAMS
N. 9TH STREET DESIGN
Description: This project involves the design for the
future construction of streets, curbs,
gutters, street lights and sidewalks for 9th
Street between Sierra Me dre Avenue and Grove
Avenue. In addition to design, right-of-way
aquisition necessary for this project will
occur in this stage. This is the
continuation of an on-going improvement
project within the Swthwest Cucamonga
target area.
Location: The design of street improvements for 9th
Street between Sierra Madre Avenue and Grove
Avenue. The estimated cost for this project
ie $2fi,000.
Eli gibiii ty: This project is eligible under Section
570.201(c) of the CDBG regulations.
Benefit: The streets to be improved are located in an
area where 51 percent or more of the
residents ere lower income.
National Objective: H70. 20H(a)(1)(ii)
Fiscal Year 1993-9q
Project Funding: $26,000
0. IS ONS PA RIC COMMUNITY CENTER
Description: This project will invo lva the design and
lmprovemento to the Aencho Cucamonga Lions
Community Center to bring the facility in
compliance with Ave ricane with Disabilities
Act requirements. Work on this project will
occur over at least two phase a. The ES cat
phase, Piscal Year 1993-94, will involve the
design of the new improvements, including
conceptual and final design. The second
phase, Ln the fo11w1ng year, will involve
construction of Improvements. Funds
provided in this year Include $51,030 toward
design and $100,000 toward future
cones ruction activities. The total coat of
this project le estimated to ba S43R,523.
Location: Lions Perk Community Center, 9161 Hasa Line
Road.
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Eli 9ibility: Removal of Architectural Barriers
570.201(k).
Benefit: Pze aumed benefit
National Objective: 570.208(a)(2)(i)(a)
Fiscal Year 1993-94
Project Funding: $151,030
p. BOY SCOUTS - ADVENTURE MOUNTAIN
Description: The Boy Scouts of America, Old Haldy
Council, provi des camps rahlps to lower
income youth not presently invc lved in
acouting. Tha program will offer the boys a
chance to experience a poaiti,ve inf loon ce on
their lives through an activity based
program combined with the use of acouting
patrol method where youth can take on
leadership positions. The project would
provide 5250 scholarships for 20 boys in 5th
and 6th grades from Rancho Cucamonga a
camping experience at Holcomb Valley Scout
Re se rva [Sort. Recrvitmsnt will occur in
April/May and the youths will attend camp in
early July.
Location: Old Baldy Council, 1047 West 6th Street,
Ontario, CA 91762.
Eligibility: This project is eli gable under Section
570.201(e) of the CDBG regulations.
Benefit: This project will benefit a limited
clientele, who will be required to provide
information on income and family.
National Objective: 570.20E(a)(2)(i)(b)
Fiscal Year 1993-94
project Funding: $5,000
Q $ICRLE CELL ORGANIZATION OF THE INLAND COW TIES
Description: This program will provide Eree education
testing end counee ling services to high-risk
low and moderate income indlvldua ls. High-
risk population is defined as individuals
and crnrplee who ere hispanic, Itnllan,
Greek, black and anyone of Mediterranean
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descent. Services will be provided by a
State certified re glstered nurse at the
Fancho Cucamonga Neighborhood Center, 9791
Arrow Route in Fancho Cucamonga once every
three weeks. The proposed funding
represents 1.5 percent of the Agency's
proposed 1993-94 operating budget and is
based on Lhe number of clients expected to
be served.
Location: Rancho Cucamonga Ile ighborhood Center,
9791 Arra+ Route, Rancho Cucamonga, CA
91730.
Eli gibi iity: This project is eligible order Section
670. 201(e).
Benefit: This program will serve a limited clientele,
all of whom will be lorr or moderate Sncome.
National Objective: 570.20R(a)(2)(i)(b)
Fiscal Year 1993-94
Project Funding: $2,960
R• POMONA VALLEY COIRIC IL OF CHURCHES - WEST END HUNGER PROGRAM - SOVA
cescr iption: The Weai End Hunger program will provide
economically disadvantaged residents of
Rancho Cucamonga a five-day supply of Eood
(15 meals total) for all mead:a re of a
household. In addition, advocacy and
referral services are provided by the
agency. The program also seeks to help
create a sense of empowerment by offering
classes and by recruiting volunteers from
the clientele to work at the site. Funds
will be provided to cover 5 percent of their
93-94 operating budget which le equal to the
number of Rancho Cucamonga residents
assisted last year.
Location: 635 South Taylor Avenue, Ontario, CA 91761.
Eligibi li.ty: This project .is eligible under
Section 57C. 201(e) of the CDBG requi remanta.
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133
Benefit: This project will serve a limited clientele
who will be documented as low income.
National Objective: 670.209(a)(2)(i)(b)
Fiscal Year 1993-94
Project Fun di rg: $4,690
S. YWCA Y-TEEN CLUB FOR HIGH-AI HK YOVTR
Description: The YWCA of the west end will develop two
year-round Y-Toren Clube at Rancho Cucamonga
Middle School and Cucamonga Jr. High. The
clubs will meet weekly after school and in
the summa r. The focus will Fx on activities
and education which provide young girls
alternatives to high-risk behavior. The
goal i9 to reduce tha incidence of gang
Snvolvement, teen pregnancy, school drop-
out, substance abuse and Other high-rf sk
Uehaviors. Programs will be developed at
two of the five Junior Hlgh Schools located
in the City.
Location: Rancho Cucamonga Middle School.
Cucamonga Junior Righ School.
Eligibility: This project 19 eligible under Section
570.201(e) of the CDHG regulations.
Benefit: The project will benefit a limited clientele
through verification of SnC Ollla
qualifiCatlona.
National Objective; 570.208(a)(2)(i)(b)
Fiscal year 1993-94
Project Fundingt $19,900
-20-
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VI - POTBNTIAL L@ACTS TO FLOODPLAIAS AflD PROPOSBD lffTIGATIQ! MSASORBS
Under Federal Executive Order, the City of Rancho Cucamonga is required
to protect floodplains and to reduce the risk of losses from floods by
not conducting, supporting, or allowing activities to take place in
£Soodplains unless the activities constitute the only oractical
alternatives to meeting community nee dn.
Although most of the water courses in the City have been channa led to
reduce flood hazards, there are same areas which are ootentia lly subject
to flooding in a 10o-year flood. As indicated on the map attached as
Figure 1, several of the proposed activities are to be undo rtaken in
floodplain areas at-risk for a 100-year flood. These activities are
designed to alleviate the de te:ioration of public and private property
already located in the floodplain. Therefore, these activities do no[
directly or indirectly support development within the floodplain.
Staff of the Planning Division of the City of Aen rho Ncamongn has
assessed the long- and short-term risks of undertaking the activities
within the floodplains and hoe assessed mitigation assures which may be
included in the design of the activi flea. Public notice of the
intention to undertake activities within the floodplain was pu611shed in
the local newspaper to provide citizens the opportunity to comment vpor.
the activities. Notices were also provided to interested public
agencies.
SOVTHWE ST CVCAMONGA STREET IMPROVEMENTS
In previous years, staff coneide red alternatives to providing public
improveants in areas of Southwest Cucamonga located in identified flood
hazard zones. All street improvements proposed for funding through the
1993-94 Community eve lopant Hlock Grant (CDBG) have previously been
reviewed and approved by the City Council with the exception of
9th Street improvements which are not located Sn a brae-flood plain.
The Council hoe prevloua ly made a finding that the street improvement
activities which are proposed for the 1993-94 CDBG program are the most
practical and desirable alternative e, and that adequate mitigation
aaeurea have been identified and deal geed into the projects. The
design, location, and size of she proje rte have not changed subsequent
to the finding; therefore, no new finding is required.
NOME IMPROVEMENT PROGRAM AND HISTORIC PRESERVATION INCENTIVES
The Council has a)so made a prevl ous finding that the lioa Improvement
Program and Historic Preservation Incentives Program aie the most
practical and dealrab le alternatives and that adequate mitigation
measures have been ldantified and daelgned into the projects. Included
as a part of the Hoa Improve ant program ie the newly funded minor
emergency repair grant program. Providing additional funding to these
ongoing programs requi rea a new finding. (Although funding for Historic
Preservation is held a pos sib la contingency.)
_ZZ_
136
Staff cortside red alternatives to ands ztaking these activities in the
floodplain areas and found them impractical and undesirable. One
alternative would be to exclude properties i.n these areas from the
programs. This would leave residences in these areas which are occupied
by lower income persons unprotected from the de tetioration which may
otherwise result from the deferred maintenance likely to occur where
financial assistance for hone improvements i9 unavailable. Excluding
historic properties from the program would similarly fail to protect
such properties. The other alternative, removing the Structures from
the floodplain, is clearly impractical.
In order to mitigate flood hazard impacts for structures which are to be
rehabilitated under these programs, the Ciiy may require that ovine rs of
props rties located in flood hazard areas show evidence of federal flocd
incurance coverage before rehabilitation assistance is provided.
1'INDING
Zn order to approve operating the Aouae FehaMlltatlon Program,
including the minor emergency repair program, and Aiatoric Preservation
Incentives Program within the Eloodpla in the city Council mu at Eind
that:
It is necessary to undertake the activities Sn the floodplain in
order to protect residences occupied by lower income pe raona and
historic props rtiea from the deterioration which may otherwise
result from the deferred maintenance likely to occur where
financial desistance for repairs and improvements ie unavailable.
2. Adequate measures designed to mitigate the risk of property loss
which may result from undertaking the activities have been
identified and included in the operation of the activities.
3. The activities conform to applicable state and regional floodplain
management standsrda.
_21_
137
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VII - STA'fB/BNTS OP POLIC4
A. CITIZEN'S PARTICIPATION PLAN
The City of Rancho Cucamonga encourages and Solicits the
participation of !ts residents in the process of identifying
projects for funding through the Community pevelopment Block Grant
(CDBG) program. The City will, in conducting the CDBG program,
follow this Citizens Participation Plan.
Outreach. The City of Fan cho Cucamonga encourages citizen
participation; with a particular emphasis on participation by
persons of lw and moderate Sncome and residents of
neighborhoods which are experiencing physical de terioratlon.
In order to reach as many residents and community groups as
possible, letters will 6e sent to community organlzatione and
individuals who have parL].cipated in the program or suggested
projects in recent years. Zn addition, a display
advertisement will be published in the Inland Valley Doily
Bulletin at least one month prior to coneideratlon of the
preliminary statement.
Notice. The Clty of Pan cho Cucamonga provides citizens with
advance notice of all a;ee tinge re latad to the CDBG program and
makes copies of all related mnterla la available for public
review as soon as notice is given. Notice of the hearing on
the Preliminary Statement of Comanv;ity Development Objectives
will be published in the Inland Valley Daily Bulletin
newspaper at least 70 days prior to the hearing.
Technical Assletance. The City will publish the names and
telephone numbers of staff familiar with the CDBG program who
are available to answer questions and help zeal dents and
cammuni ty groups package a propoea 1.
Public Hearings. The City of Fan cho Cucamonga uses public
hearings to obtain citizens' views and to respond to proposals
and questions at all stages of the program. A henrSnq is held
on the preliminary Statement of Community Development
Obje etivee at which the City's hoUain9 and community
development needs era reviewed, past poll ties and programs are
discuses d, and each proposed project is explained. A
pre lima navy selection of objectives and programs is then made
and published for public review and comment. The hearing on
the final grant applicati or. la held a month later. All
hea tinge are duly noticed. Agendas and ntnff repo rte are
available in advance. The ~e tinge are held at City Hall,
which is Eully accessible to the handicappa d.
-25-
139
Language Acceasibi li ty. Several neighborhoods have
substantial hispanic populations. At meetings where it is
likely that the attendees will not be bilingual, the City will
provide an interpreter to ensure that residents can understand
and pa cticipate in the procedures.
6• Respond ivenes s. Once projects have been funded and are under
way, the City is committed to ensuring the satisfactory
execution of each project. Staff provides a timely response
to all written complaints, usually within 16 working days.
H. RELOCATION POLICY
Recent changes in the regulations governing the expends tore of CDBG
funds require that the City establish a policy governing the
provision of relocation asaiaGnce to any family, individual,
business, non-profit organization, or farm that results from
implementation of its CDHG programs. It is the policy of the City
to avoid displacement of all families, individuals, businesses,
non-profit organization, or farms in carrying out its CDBG
programs.
No displacement is expected to result from the activities proposed
for the 1993-94 program year. However, in the event that operation
of any of the CDBG funded activities results Sn the voluntary or
involuntary displacement of any family, individual, business, ngn-
profi[ organization, or farm (whether owner or renter), the City
will provide relocation assistance in accordance with the standards
and guidelines set forth in the Federal Uniform Relocation
Assistance and Real Property Acquisition Act, Section 7260 (et
seq.) of the State of California Government Code (Title 25, Chapter
6) and the guide lines issued by the State of California Department
of Housing and Community Development, as applicable. The Clty will
meet its relocation responsibilities through the use of its staff
and consultants, supplemented by assistance from local realtore,
social agencies, and civic organizations.
It is the Ci ty ~e objective that all di aplacee be relocated with a
minimum of hardship in accommodations which are decent, Safe,
rani Lary, and eui table to their individual needs; located in areas
not less desirable than their current location in regard to public
utilities and public and commercial Earl litres; and reasonably
accessible to their customs rs or places of employment and priced
within their financial means.
The City will handle those ca sea requiring relocation which result
from impleaentation of CDBG ncti vi ties on an individual case-by-
case manna r. Services provided to eligible dl apla cea shall include
but not he limited to:
Ptovidi ng information on project activities, rights, benefits,
and options open to them.
-26-
140
o Maintaining liaison between displaces and agencies of firms
with resources to assist them (e. g., Chamber of Commerce,
Small Business Administration, Office of Local Economic
Development, lending insti lotions, zealtors, etc.).
o Locating, inspecting, evaluating, or stimulating the
productior. of accommodations to meet the needs of all
displaces.
o Assisting displaces in obtaining financing.
o Assisting displaces in securing priority consideration far
rental assistance, public housing, or other housing assistance
activities.
o Making referrals to appropriate social, community, and welfare
agencies.
o Aeepi ng records, my intaining (ilea, and coordinating all
relocation activities.
o Providing all famLlies, individuals, businesses, inati lotions,
and farms which are di aplaced by CDBG funded activities with
written notice of this policy, the types of ae rvices available
to them, and the amount of relocation assistance for which
they may he eli glble. (Payments will be in the amounts
established Dy Siete and Federal Guidelines.)
City staff and consultants will be available to answer goes lions
and provide information and, by their early involvement, to see
that relocation procaede with a minimum of hardship.
C. RESIDENTIAL ANTI-DI SPLACEMEHT PLAN
Section 104 of the Housing and Coamnlnl ty Development Act of 1974
requires each grantee *_o adopt, make public, and certify that it Ls
following a residential anti-displacement plan providing one-for-
one zeplacevent unite in ca see where residential unite are
demolished as a consequence of an activity funded through the CDBG
program. The plan moat include step9 that will be taken to
minimize the diaplaceme nt of pe raona from their homes resulting
from any activity funded under the CDHG program. The plan must
include steps that will be taken to minimize the displacement of
persons from their homes resulting from any activlt_y 'ended under
the CDBG program.
It is not anticipated that any demolition of residential structures
will occur as a result of any of the activities proposed to be
ends ztaken during the 1993-94 program year. However, in accordance
with the Act, the City of Poncho Cucamonga estebliehee th i9
Residential An t1-Diapla cement plan.
_p7_
141
1. The City of Poncho Cucamonga will replace all occupied and
vacant occupiable lower income dwelling units demolished or
converted to a use other thar. as lower income housing as a
direct result of activities assisted with funds provided under
the Housing and Comevni ty Development Act of 1974, as amended,
and as described in 24 CFR 570.606(b)(t)•
2. All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating
to conversion.
3. Before obligating or expending fun de that will directly result
in such demolition or conversion, the City of Rancho Cucamonga
will make public and submit to the U. S. Department of Housing
and Vrban Development the following information in writing:
a. A description of the proposed activity.
b. The general location on a map and the approximate number
of dwelling unite by number of bedrooms that will he
demolished or converted to a use other than as lower
income housing as a direct result of the proposed
activity.
c. A time schedule for the commencement and completion of
the demolition or conve raion.
d. The general location on a map and approzimate number of
dwelling units by nuvdxr of be dzooms that will be
provided as replacement dwelling units.
e. The source of funding and a time ache du le for the
provision of replacement dwe lli nq units.
f. The basSs for concluding that each replacement dwe111 ng
unit will remain a lower income dwelling unit Eor at
least ten years from the date of initial occupancy.
D. CRITERIA FOR SUBSTANTIAL CHANGE
Federal regula ti one for the CDHG program require the City to notify
affected citizens and provide them the opportunity to comment on
any proposed activity which ie added, deleted, or substantially
changed in to rma of purpose, scope. location, or beneficiaries
following the submission of the Final Statement of Community
Development Objectives and projected Use of Funds to the U.B.
Department of Rousing and Vrben Development. The regulations
require the City to adopt and make public its definition of
"substantial change." The City of Rancho Cucamonga aha 11 consider
a "substantial change" to have occurred under the following
ci trams tancea:
_pB_
142
1• The amount to be allocated to any activity is proposed to be
increased or decreased from the amount in the Final Statement
by more than 25 percent.
2. The location of the activity, target area, or eligibility
criteria of the program, ie changed from that described in the
Final Statement.
g. M activity not included in the Final Statement is proposed
for funding.
4. An activity included in the Final Statement is pzoposed for
elimination or cessation.
Should the City Council consider a substantlal change in any CDHG
funded activity, the public will ba notified and provided an
opportunity to comment upon the proposed change.
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1RII - C8Rf1YICA2IOlIS
COMMUNITY DEVELOPMENT BLOCK GRANT
GRANTF,E CERTIFiCATI0N5
In accordance with the Housing and Community Development Act of 1974, as
amended, and with 24 CFR 570.303 of the Community Development Block
Grant regulations, the grantee certifies that:
(a) It possesses legal authority to make a grant submission and to
execute a community development and housing program;
(b) Its governing body has duly adopted or passed as an official act, a
resolution, motion, or similar action authorizing the person
identified ae the official representative of the grantee to submit
the final statement and amendments thereto and all underatnndinga
and assurances contained therein, and di re Ming and authorizing the
person identified ae the official representative of the grantee to
act in connection with the submission of the final statement and
the provide such additional information as may be required;
(c) Prior to submission of its final statement to NOD, the grantee has
Met the citizen participation requirements of Section
570.301(b);
2• Prepared its final statement of community development
objectives and projected use of funds in accordance with
Section 570.301(c) and made the final statement available to
the public;
(d) It ie following a detailed citizen participation plan which:
provides Eor and encourages citizen participation, with
particular emphasis on participation by persona of low and
moderate income who are residents of alum and blighted areas
and of areas in which Fonda are proposed to be used, and
provides Eor pa rticipntion or residents in law and moderate
income neighborhoods as de Eined by the local jurisdiction;
2. Provides citizens with reaeonn6le and timely access to local
mee tinge, information, and records relating to the grantee's
proposed use of fun de, as required by the regulations of the
Secretary, and relating to the actual use of funds under the
Act;
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144
3. Provi des foc technical assistance to groups representative of
persons of low and moderate income that request such
assistance in developing proposals with the level and type of
assistance to be determined by the grantee;
4~ Provi des for public hearin ys to obtain citizen views and to
respond to proposals and questions at all stages of the
conmunity development program, including at least the
development of needs, the review of proposed activities, and
review or program performance, which hearings shall be held
after adequate notice, at times and locations convenient to
potential of actual beneficiaries, and with accommodation for
the handicapped;
5• Provides fora timely written answer to written complaints and
grievances, within 15 working days where practicable; and
6• Identifies how the needs of non-English speaking residents
will be met in the case of public hearings where a significant
number of non-English speaking residents can be reasonably
expected to participate;
(e) The grant will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352r
42 V.S.C. Section 2000d et seq.); and
2. The Fair Nousing Act (d2 V.S.C. 3601-20);
(f) It will affirmatively further fair housing;
(g) It has developed its final statement of pro le eted use o£ funds so
as to give maximum feasible priority to activities which benefit
1w and moderate income families or aid in the prevention or
eliml nation of slums or bli qht; (the final statement of projected
use of funds may also ineluds activities which the grantee
certifies are designed to meet other community development needs
haying a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the
community, and other financial resources aze not ova ileble)J except
that the aggregate use of CDEG funds received under Section 106 of
the Act, end tf applicable, under Section 108 of the Actr during
the 1993-9d program year(s) (a pe rio3 specified by the grantee
consisting of one, 1nq ~z tkza consecutive years), shall
principally benefit persona of low and moderate income in a manner
that ensures that not less than 70 percent of such funds are used
for activities that benefit such pe reone during ouch period;
(h) It has developed a community development plan, Eor the period
specified in pa ragraph (g) above, that identiftee community
development and housing needs and epe clfiee both short end long-
tezm community development obje ctl vee that have teen developed in
accordance with the primary objective and regal cements of the Act;
-31- 12/91
145
(i) It is following a currsnt comprehensive housing affordability
strategy (CFIAS) which hoe been approved by HUD pursuant to Section
570.306 and Part 91r and that any housing activities to be assisted
with CDSG funds ai 11 be consistent with the CHAS;
(j) Sr will not attempt to recover any capital costs of public
improvements assisted in whole or in part with funds provided under
Section 106 of the Act or with amounts resulting from a guarantee
under Section 108 of the Act by assessing any amount against
properties owned and occupied by persons of low and moderate
income, including any Fee charged or assessaent made as a condition
of obtaining access to such public improvements, unle8s:
1. Funds received under Section 106 of the Act are used to pay
the proportion of such fee or assessment that re la tee to the
capital costa of ouch public improvements that are financed
from revenue sources other than under Title I of the Act; or
2• For pu rpoaea of assessing any amount against props rtiee owned
and occupied by persona of moderate income, the grantee
ce rtifiea to the Secretary that it lacks sufficient funds
received under Section 106 of the Act to comply with the
requirements of subparagraph (1) above;
(k) Its notification, inspection, testing, and abniement proce dozes
concerning lead-based paint sill comply with Section 570.608;
(1) It will comply with the acquiai ti on and relocation requirements of
the Uniform Relocation Assistance and Real Property Acquisition
Poli ciea Act of 1970, as amended, as required under Section
670.606(b) and Federal implementing re gulatione; and it is
following a re sidentlal anti di aplacement and relocation assistance
plan as required under Section 104(d) of the Act and in Section
570.606(c); and it will comply ai th the relocation requirements of
Section 570.fi06(d) governing optional relocation assistance under
Section 106(a)(11) of the Act;
(m) It has adopted and Ss enforcing:
1. A policy prohibiting the use of excessive Force by law
enforcement aganciea within its jurisdiction against any
individuals engaged in non-violent civil rlght9
demonatratione; and
2. Apo ll cy of enforcing applicable State and Local laws against
physics lly barring entrance to or exit Prom a facility or
Location which ie the subject of each non-violent rlvil rights
demonetratlona within its jurisdiction;
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12i 91
146
(n) To the beet of its knowledge and belief:
No Federal appropriated funds have been paid or will be paid,
by or on behalf of it, to any person for influencing or
attempting to influence an officer oz employee of any agency,
a Member of Congress, an officer or employee of Congre es, or
an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract,
grant, loan, or coops za rive agreement;
2. If any funds other Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting Co
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in coons ctlon with this Federal
contract, grant, loan, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disci cause Form to
Report Lobbying," in accordance with ire SnBtructlonar and
3. it will require that the language of paragraph (n) of this
certification be included in Lhe award documents for all
subawarda at all tiers (including subcontrecta, eubgrants, and
contrecte under grants, loans, and cooperative agreements) and
that all subrecipients aha 11 certify and disclose accordingly;
(o) It will or will continue to provide a drug-free workplace by:
1. Pub li ahing a statement notifying employees Chat the unlawful
manufacture, di etribution, di apeneing, posse aeion, or use of a
controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against
employees for violation of such prohibition]
2. Establishing an ongoing drug-free awareness program to inform
employees about -
(al The dange rB of drug abuse in the workpla cej
(b) The grantee's policy of maintaining a drug-free
workplace;
(c) Any available drug counae ling, rehebllitation, and
employee assistance programer and
(d) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplaces
-33- 12/91
147
3. Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph 1;
4. Notifying the employee in the statement required by paragraph
1 [hat, as a condition of employment under the grant, the
employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of hie or her ccnviction
for a violation of a criminal drug statute occurring Sn
the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph q(b) froro an
employee or otherwise receivSng actual notice of such
conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer oz
other designee on whole grant activity the convicted employee
was working, unless the Federal agency had designated a
central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant;
6. Taking one of the folloainq action e, within 30 calendar days
of receiving notice under subparagraph 4(b), with respect to
any employee who is eo convicted -
(a) Taking appropriate personnel action against such an
employee, up to and including termination, consistent
with the regal remanta of the Rehabilitation Act of 1973,
as aoended; or
(b) Requiring each employee to participate satiafacterily in
a drug abuse assistance or rehabi lltation program
approved for such purposes by a Federal, State, or local
health, law entorcement, or other appropriate agency;
7. Making a good faith effort to continue to cos Sntain a drug-free
workplace through implementation of paragraphs 1, 2, 3, 4, 5,
and 6.
e. The grantee may inae rt Sn the apace provided below the site(s)
for the performance of work done in connection with the
specific grant:
Place of Performance (street addrasa, city, county, state, zip
code)
Aancho Cucamonga City Hall
10500 CSVSc Center ~tlve
Fencho Cucamonga, CA 91730
-34- 12/91
lY0
Check X if there are workplaces on file that are not
identified here; and
(p) It will epaply with the other provisions of the Act and with other
applicable laws.
Signature Date
MAYOR
TS tle
-35- 12/91
149
RESOLUTION NU. 93 ~ O /_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE PRELIMINARY STATEMENT
OF C06ARRvS TY DEVELOPMENT OBJECTIVES AND SELECTING
PAQ7ECTS FOR PRELIMINARY FUNDING FOA THE COMMUNITY
DEVELOPMENT BLOIX GRANT PROGRAM FOR PROGRAM YEAR 1993-94.
WHEREAS, the City of Rancho Cucamonga, California, is an Entitlement
City under the regulations governing the Coamunity 6evelopment Block Grant
Program; and
WHEREAS, City staff has received proposals for projects and programs
from various organs cations in the Communityi and
WHEREAS, City staff has conducted a needs assessment to determine
program eligibility and Weeder and
WHEREAS, the City released a Preliminary Statement of Community
Development Objectives 1n dlcating all progzam and projects submitted for Block
Grant funding in the next program yeazt and
WHEREAS, on March 17, 1993, the Clty Council held a legally noticed
public hearing in order to give the public do opportunity to respond to
staff's recommendations for program funding and to put forth for Council's
consideration recommendations of their ownt and
WHEREAS, the City Council heard public testimony and received all
pu631c input regarding the City's Community Development Block Grant Program
for the next program year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga, California does hereby take the following actions:
A. petermine that operation of the Housing Rehabilitation and
Historic Yreaervation Incentive Progrnme in the flood plain are
the moat practical and de el tab le of the alternatives and the
proposed mitigation measures are sufficient.
H. Select preliminary funding for the Following projects and
programs to be funded out of the Clty'e 1993-9d Community
Development Block Grant awardf
150
J
CITY COUNCIL RE80LUTION N0.
PRELIMINARY STATEMENT CF CDBG 1993-94
March 17, 1993
Page 2
CARRY OVER/ FY 1993-94 TOTAL
PROGRAM REPROGRAM ESTIMATED EBTIMATEb
Administration $ 20,050 $ 97,320 $ 117,370
Home Improvement 765,418 • 234,470 399,888
Southwest Cucamonga 142,748 86,000 228,748
Sidewalk Grinding 0 25,840 25,840
Wheelchair Fampe 0 18,840 16,840
Graffiti Removal 0 12,610 72,610
Fair Housing 2,814 6,240 9,054
Housing Mediation 0 8,330 8,330
oldtimera Foundation 0 8,000 8,000
Neighborhood Center 73,209 19,240 92,449
House of Auth 0 6,540 6,540
Homeless Outreach O 10,000 10,000
9th Street Dealgn 0 26,000 26,000
Lions Park Center 0 751,030 151,030
Boy Scouts 0 5,000 5,000
Sickle Cell 0 2,960 2,960
BWA 0 d,600 4,680
Y-Teen Club 0 17,900 11,900
TOTAL $404,239 $J35r000 $1,139,239
• Includes estimated program income and $2,332 reprogrammed
from FY 92-93 contingency.
The Clty Clezk shall certify to the adoption of this Resolution.
151
March 17, 1993
t;ti z ur ttANOHU UUCARiONGA
STAFF REPORT
T0: Mayor and City Councilmembers
FRDM: Jerry R, Grant, Building Official
SUB ]ECT: WAIVER OF FEES - UNITED METHODIST CHURCH - 7590 ARCHIBALD AVENUE
RECW~4IENDATIDN
it is recommended that fees for plan review and permits related to seismic
strengthening work not be waived.
BACKGROUND/ANALYSIS
In April 1990, City Ordinance No. 417 went into effect •xhich requires the
strengthe r,i ag (or demolition) of unreinfo rced masonry structures. Th iS
ordinance was consistent with a State mandate for local jurisdictions to
develop a program for elimination of the potential hazard of such buildings in
the event of a moderate or strong earthquake. The church has prepared and
submitted plans for strengthening their building, but have filed a request for
waiver of fees.
Seventeen of the original twenty-one buildings included in our original survey
have been resolved or are proceedfng toward conformity; two others have
applied for demol iticn permits and are pending review by the Historic
Preservation Commission. The remaining two pro Der ti es are potential reuse
sites, the Hofer Winery at 98 i2 Haven and the Regina/Ell ena Winery at 12461
Baseline Rd.
The Methodist Church request if granted, would in staff's view, establish a
precedent that should then be extended to other properties. As outlined in
the f{i stork Preservation Commission staff report, under the current fee
structure, costs to the city for structural review will exceed the fees
assessed far pe rnii is and plan checking by approximately §300. Given the
current economic conditions staff cannot recommend absorbing the additional
di roct cos is as well as indirect costs of providing inspections.
152
STAFF REPORT: WAIVER OF FEES - UNITED METHODIST CNURCH - 7690 ARCHIBALD
Mz rch 17, 1993
Page 2
The Historic Preservation Commission reviewed the request for fee waiver at
their meeting of February 9, 1993 and by divided vote (3 for, 2 against 1
abstain, 1 absent) recommended waiver of the fees. Minutes of the HPC meeting
are attached.
CONCLUSION
Because there will be direct and
plan review and ins oec Lion, and,
precedent for other properties in
review fees, in staff's view, is
Respectfull/y/s/ubmitted,
errs Gr"ant~i~
Buildi g Official
JRG:11
Attachments
indirect costs to the city associated With
because approval of the request would set
the same category, waiver of permit and plan
not justifiable.
153
i
February 9, 1993
CITY OF RANCHO CtiCAb10NGA
STAFF REPORT
TD: Historic Preservation Cammissi on
FROM: Berry R. Grant, Building Official
~,-J
SUBJECT: WAI','ER OF FEES - UNI?ED METHODIST CHURCH, 7690 ARCH IB ALD AVENUE
RECINWENDATI ON
It is recommended that the Historical Preservation Commission review the
request of the applicant and make their recommendations to the City Council
concerning the waiver of fees.
BACK6ROUN0/P.NALYSIS
In April 1999, City Ordinance No. 417, requiring the strengthening of
an reinforced masonry buildings went into effect, consistent with State of
California mandate to local jurisdictions to develope programs for elimination
of such hazardous structures.
Plans for strengt h2ning the subject building have been submitted and are into
the plan review process. the deadline for iss~iance of permits for repair
including the mzximum administrative time extension, is 11ay 1, 1993.
The church has submitted the accompanying letter requesting the waiver of fees
far "engineering review, building permits and other fees that may be
applicable".
The only fees administered by the Building and Safety Division that would be
assessed by the city for the physical repair are the building permit and plan
checking fees, which in this case would total something under $350.00. Since
there will be casts to the city for outside plan check consultation of
app rozimately $ 650.00 and additional indirect casts cf providing inspections,
tiie Building and Safety Division cannot reconmtend waiver of the permit and
plan review fees, The "engineering review" fees are presumably those
referenced in Ordinance No. 417, relatfng to Community Development Block Grant
funding for design consultation.
Staff has reviewed the church's potential for receiving COBG monies to
accomplish compliance with the URMB Ordinance and has concluded that the
church is not etigi ble for CD B~ funds per Federal guidelines, nor are mast of
the incentives outlined ire the ordinance applicable in this case.
1"
1
/ STAFF REPORT
5UDJECT: WAIVER OF FEES - UNITED METHODIST CHURCH, 7690 ARCHIBALO AYENUE
February 9, 1993
Page 2
Waiver of fees will require city council action.
CONCLUSION
Because there will be direct and indirect costs to the city associated with
plan checking and inspection, waiver of the plan review and permit fees is
not, in cur view, justifiable. Federal COBG funds may not be used for church
purposes.
Respectful//l/~y~sub~mi`t~ted~,
erry .Grant
Buil ng Official
JG:iI
a
155
f ..-:ti.
The United Methodist Church
. of Cucamonga
Pebbles Christian Schoo/ ~
December 13, 1992
91r. le;ry P.. Grant RECEIVE
-
Chief Building Official ~
j
City of Rancho Cucamonga SEC 1 4 1992
P.O. Box 807
Rancho Cucamonga, Calif. am~olNG olwsioN
I
CIN OF iUNCHO CUCAMDNGA
Ref: 7690 Archibald Ave.
APN 208-041-29
Dear Mr. Grant:
We are sending you this letter at the suggestion of Mr. Cazlos Silva, Sr., your Rehabilitation
Specialist who we have been working with since being served with City ordinance #417
which requires us to seismically upgrade our 84 year old historic stone sanctuary building.
At the planning commission pre-adoption hearings in early 1990 which we attended, it was
mentioned that some assistance might be available to non-profit organizations to help with
the financial impact created by this ordinance. These included various items including low
interest loans, grant, and possible waiver of City fees for plan checking and permits.
Unfortunately most loans and all grants that might be available are~~apparently linked to
federal funds which we are told preclude any use for purposes that might be construed to
be religious, in spite of the historical significance of our facility.
After considerable time and effort to locate testing labs and professionals with knowledge
and experience with unusual stone versus uniform masonry construction faz more common
today, and with numerous conversations between Mr. Silva and our structural engineer, Mr.
Don Woods of Woods Engineering i^ Rancho Cucamonga, we are apparently ready to
submit plans for the seismic retrofit of this unique swcture in the very near fyture. Hence
at this time, we wish to ask if the City of Rancho Cucamonga would consider waiving or
reducing its fees for our engineering review, building permits, and other fees that may be
applicable. -
1
Church 987-3214 Parsonage 980.5207 School 987.6264
7690 Archibald Avenue Rancho Cucamonga, Cali/ornia 91730
R/chard C. Garner, Pastor 1~`
Mr. Jerry R. Grant
Chief Building Official
City of Rancho Cucamonga
As with many others in these difficult economical times, our Church is in serious financial
difficulty. We are curzently attempting to renegotiate the terms of loans for our receatly
constructed facilities to avoid imminent foreclosure. We intend to work very closely with
Mr. Silva to identify those aspects of our facility upgrade that would provide the provide the
most significant improvements and undertake those first We anticipate that we will only
have volunteer help and very limited financial resources for purchasing materials to
undertake this City mandate. Any assistance that you or the City can provide will be greatly
appreciated. We await your favorable response.
Sincerely yours,
The'Ur}tte~ Methodist Church of Cucamonga
R ndall F. Fehlman
Chairman, Board of Trustees
157
Chairrya ks asked if the demolition permit had been withdrawn.
Carlos Sit hab Specialist, commented he had spokett with the applic nd
tY,ey indicate ~ wanted to continue to use the structure as a g He
stated 'that the cation for demolition can be 3enied and then ed.
Commissioner Tessier if the Commission needed to go ately forward
on the Landmark designs
~.
Ms. Hartig stated the Commr~ cossld do that ey wished, but sY,e said
she would feel more comfortable•~ ing that de n if the owners made such a
request in the future.
Chairman Hanks stated that she would ez to wait because the applicant was
not present to speak on their own She asked about the status of this
structure on the inventory.
Ms. Hartig replied that i a potential loo ndmark-
M02ION: Mewed by C r, secon de3 by Tessier,. table discussion on the
property until suc ime that the owners submit a. 'ect that would requite
HPC action. Mot' arried 6-D-1 by the following vo't
AYES: C IONEAS: APNER, HANKS, COOPER, HASKVITZ, DT, TESSIER
NOES: ISSIONElL9: NONE '~
AHS COMM.I ESI ONERS: BILLINGS -,. \~~,.a
7~r «a
NEw avsxNESs
H. CONSIDEI
unrreu mes'noulsT CHURCH - A local Landmark Designated Property and an
unreinforced masonry building located at 7690 Archibald Avenue.
Larry Henderson, Principal Planner, presented the staff report.
Commissioner Arner asked if staff felt that waiving the fees for the church
would be setting a precedent for future requests.
Mr. Henderson stated that no one has asked before.
Mr. Silva clarified that the Building official had been asY.ed once verbally to
waive fees and it was denied.
Mr. Henderson pointed out that the permit fees would be minimal compared to
the cost of retrofitting the building.
Commis stoner Arner stated that the building is one of the City's main
landmarks and she wanted to ensure nothing would jeopardl ze its status.
HPC MI NOTES -2- February 9, 1993 1
Mr. Silva stated that the applicant is aware that he wi 11 Save to pay fees
when 'r.e applies and that he will receive a refund should tY.e AFC and Council
decide to waive the fees.
Commissioner Banks stated she felt the City should grant relief from the fees
as requested by the applicant and set a precedent that we are providing as
many incentives as possible to encourage historic preservation.
Commissioner Cooper asked if the church has to pay Ci`_y taxes.
Chairman Hanks replied that they are not required to pay City taxes-
Mr. Eiiva pointed out that the actual permit fees to be taken in by the City
amount to $3f C, while plan check fees of $650 will have to be paid out by the
City. He reiterated that this would be setting a precedent.
Commissioner Tessier asked what the approximate cost of retrofitting would be.
Mr. Silva stated costs are approximately $25,000 to $30,000.
MOTION: Moved by cooper, seconded by Arner, carried 3-1-2-1, to recommend to
City Council that fees be waived for the United Methodist Church. Motion
carried by the following vote:
AYES: COMMISSIONERS: ARNER, COOPER, TESSZER
AHSTAI N: COMMISSIONERS: BANKS
NOES: CONMISSI ONERS: HA SI(VITZ, SCHMIDT
ABSEFT: COMMiSSI0NEA5: BILLINGS -carried
(Banks abstained because of a possible conflict of interest.)
• wse
Chairman Barks asked dditional infozmatio ding the City Council
item on the February 3 a regardin ~ anon/reconstruction of City
Commissions.
Mr. Henderson stated t is undezsta of the meeting was that the
Council wouid take er month to gather in lion and would again dis sacs
it at their M meeting. He said he had no 'cation as to ?iow Council
members fe out tha issuo. ._.~
F'
Ch an Banks requested that a meeting be set up for her with P~ Council
committee (Gutierrez and Alexander) to discuss HPC issues. St ssuzed
her that such a meeting would be arranged.
HPC MINUTES -3- £ebzaary 9, 1993 159
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: Match 17, 1993
TO: Mayor and Members of the City Council
FROM: Jack Lam, AICP, City Manager
SUBJECT': bISCUSSION OF C1.TY COUNCIL COMMISSION TERMS
Provide direction regarding Commission terms and related matters.
e
RaSgProtind
At the February 3, 1993 City Council meeting, the Council's Subcommittees indicated
they would meet to discuss the Commission terms and scheduling.
The Staff is prepared to develop any additional information needed and implement the
direction of the City Council,
Respectfully Sub~itted,
AICP, City
Attachment: Fcbmary 3, 1993 Staff Report
1~
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: February 3, 1993
TO: Mayor and Members of the City Council
FROM: Jack Lam, AICP, City Manager
BY: Diane O'Neal, Management Analyst II
SUBJECT: DISCUSSION OF CITY COUNCIL COMMLSSION TERMS
AND SCHEDULING OF COMMISSION MEETINGS
The City Council established by Ordinanec five Commissions which include the
Planning, Historic Preservation, Environmental Management, Public Safety, and Pazk and
Recreation. The Commissions act in an advisory capacity to the r_ity Council regarding
thew respective areas of review. Although the Planning Commission is technically
advisory m the City Council, the powers, functions and duties of the Planning
Commission are set forth in the Statutes of the State of California and serves as the City's
Planning Agency.
All five of the City's Commission's terms are established on a two or four year basis
allowing for review of respective Commission members on a staggered basis. The
specific meeting days and times for each Commission are established by Resolution and
staff has attached copies of both the Commission Ordinances and Resolutions for the
Council's review.
It is the desire of the City Council to review each of the City's Commissions at this time
to ensure the continued effectiveness of each Commission and ir. light of the severe
budgetary constraints now placed on local municipalities by the State of California. The
Council has also previously received and reviewed the Commission study prepared in
July, 1992 by D.M. Griffith and Associates.
Planning Commission
The Planning Commission as previously noted is established by State law and its
functions necessitate the Commission meet the second and fourth Wednesday of each
month. In addition, the Commission's Design Review Subcommittee meets the first and
third Tuesday of each month.
161
Mayor and Members of the City Council
Commissions
Febmary 3,1993
Page Two
The Historic Preservation Commission currently meets on the second Tuesday of each
month at 5 p.m. (as opposed to 7 p.m. previously) and is made up of seven members.
The Commission's purpose is to designate, preserve, protect, enhance and perpetuate
chose historic stmetures and sires which contribute to the cultural and aesthetic benefit of
Rancho Cucamonga.
Environmental Management Commission
The Environmental Management Commission meets the fourth Tuesday of each month at
7 p.m, and consists of five members. The Commission's purpose is to act in an advisory
capacity to the City Council and Planning Commission on environmental issues.
R~btic C fety_Commission
The Public Safety Commission meets the first Tuesday of each month at 7 p.m. and
consists of seven members. The Commission's purport is to act in an advisory capacity
to the City Council with respect to public safety matters and issues.
Park and Recreation Commission
The Pazk and Recreation Commission meets the third Thursday of each month at 7 p.m.
and consists of five members. The Commission's purpose is to act in an advisory
capacity to the City Council with respect to park facilities and recrcarion programs.
OMMI ION A T RNATIVFC
The following are a number of alternatives for the Council to consider in evaluating the
effectiveness of the Commissions along with an eye toward enhancing the fiscal
responsibility the Council must now consider during these constrained budgetary times:
The Council may wish to consider some type of staggered schedule such as bi-monthly
or on a quarterly basis; the Council may also wish to consider having the Commissions
meet on an "as needed basis"; or the Council may wish to consider delegating these
respective Commission's responsibilities to the Planning Commission with the idea that
the Planning Commission establish Ad Hoc Committees as needed to coordinate issues.
The Council may also wish to consider establishing all Commissions as five member
Commissions as opposed to some having seven members.
The Council may also wish +o consider re-defining the scope of responsibilities for each
Commission. This would involve examining related Commission activities and looking
to combine related functions or narrowing the scope of responsibility for a particular
Commission.
~ )
Mayor and Members of the City Council
Commissions
Febmary 3, 1993
Page Three
Should the Council wish to explore a number of these alternatives or provide additional
direction, staff is prepared to develop any additional information needed. Following the
direction given by City CAUncil, any amendments to the respective Commissions would
be accomplished by a[ncnding the respective Ordinances and Resolutions at a subsequent
City Council meeting.
espec[fully Su 'tted,
ack Lam, AI uy Manager
Attachments: Conunission Ordinances and Resolutions
163
ORpINANLE N0. 1J
.AN ORDTNANCE OP TlIE CIZ COtNCIL OF IRE CItT OF gAN[Y.0
CUCANONGA, GLLIFORNU, ESTABLISRINC A PUNNING C@41ISEION
ANp PLANNING ALE4CY A40 PROM pINC FOR 1'HE APPOINTMENT,
gENOVAL AND TEAKS OF OFFICE OF !ffl®ERS THEREOF.
The CSCy Council of the City of Rancho Cve~enga, Callfornie,
dose ordain as follwe:
SECTION 1: IDere to hereby created amt ee caSlished Sn chc
CL[V a Planning L®issien.
AELt IDN 2: The Planning Oa®!salon shell Se cF.e Pianning Agenty
of [he Clcy.
gECIION J: the Ylannfng Com!safon shall consist of five (5)
members oho shall be appointed by chc Council. The Mayor shall submit
co she Council [he name of any person proposed far appointor me cm the
Planning Co®Saaion, and span such appafn[men[ by rbe Council, the
name of [he appointee shall be recorded In the minutes of the Council
mae[ing.
gECti OH 4: Nembera of the Plennlna Camfufon shall receive no
salary, provided, hweveq chat no thing In this Ordinance sM 11 preclude
re Labura®enc Eor ac [sal and necn nary expenses Incurred by + ember of
the Plann l~[g Lom is efon in [ha performance a! official du[fea for ch<
CS[y.
EERION 5: The Eiv< (5) mmbers of the Planning Comisa lmn
initially apyoinc ed ahdl determine the length at chair Germs by loc.
Three (J) members shall nerve a term of Eour (4) years and shall continue
in office until [heir respec give terms expire unloa sooner removed
as Drovtd ed to this Ord Snenc e, end cFetr mccessora aha 11 be appotnced
for terns of Eour (4) yeah. ivo (T) members shall serve far a ce r:n
of too (E) yeah and shall continue Sn of flee until their respective
Germs expire unless aoa0<r remved ae provld ed Ln chin Ord inenc ea and
eh air aucneaaora shell be appotnced for canna of four (4) y If a
vancancy shell occur, other than by expiration of she term oEroEflce,
Sc shall be filled by eppo Lncmen[ by the Nayor vi[h the approval of the
Council for the unexpired term.
gEGi ION 6: Any memher of the Planning Comiaslon may be removed
ac any time by a ma)cricy voce of cfie entire Council.
SECIION ]: The Doaera, functions end du [1 se of the Planning
Com iaalon she 11 be ae sec Eor[h to she S[a m[ea of the Sca ce of
CallEOrnla and applicable ord Snancee of the Ctcy.
SELI ICN g: Regular meetings of the Planning Com Seaton shall
be held ac such time and place as to de term load by resolu efon of the
City Cmunc il.
PASS Ep, APPROVED, and ADOPTED Ch is tat day of Feb m ary, 1919.
AYES: Yikels, Palombo, Schlosser, Reaq Frost
NOES: None
ABSENI: None
! [
Poncho Cucamonga
AT[ES T:
City le rk
164
ORDINANCE N0. 13A
AN ORDINANCE OF iNE CI1Y LOUNC'L OF THE CITY OF RAX[NO
CUCAMOXGA ESTABLISHING A PROCEDU0.E FOR EMTENSION ANC
ESTABLISHING JUNE I, 1978, AS THE OFFICIAL DATE Oi
SERVICE COMMEX[EYE NT FOR TXE RANCHO CUCAMONGA PLANNING
COMMISSIONERS ANO DECLARING THE 'JRGEN[Y THEREOF.
The Lib/ Council of the City pf Rancho Cucamonga, California, dues
o resin as fpllow4:
SECTION I: Th< City Council finds and dote rmines that there
has bee inadequate time for LM1e City Council [o complete studies
concerning possible reappointment or nor selection of Planning
Cplrnis5i0/lefs and Llli[ dddlLiOnal time i5 ne<essdry.
SECTION 2: Section 5 of Ordi na nee 13 shall be amended to read:
"SECTION 5: The five (5) members of Me Planning Commission
ni'-~tTa (ly appoin tea shall de [ermine the IengM of [heir terms
by to [. Three (3) members shall serve a term of four (4)
years and shall continue in office can LII thsir respecli ve
terms expire unless sooner reanved as provided in this Ordinance,
and their successors shall be aDDOinteO for terms pf four (4)
years. Two (2) members shall serve far a nro of two (2) years
and shall continue in office until their respects va terms
expire mess sooner removed es provided in this Ordi nsrlce, and
their successors shall M aDDOinted for terms of four (4)
years. If a vacancy shall occur, otMr tMn by exDira H on o/
the term of office, i[ shall be filled by appointment by Me
Mayor with Na approval of the Council far the unezpi red [arm.
The Lily Council may extend Ne eapirlnq farm of any Planning
Commissioner once /or a maximum of 6 months.
The term of office of the Dresent Planning
Commission shall be deemed [o have commenced on June I, 1978."
PASSED, APPROVED, and ApOPTEO this 20th day of February, 1980.
AYES: 5chl osfe r, Nikelsr Palumbo, Bridge, Frost
NOES: NONE
ABSENT: NONE
J <s Nayor
ATTEST:
//~~si~`
v Cau ren H. Hasse rman, C, ty i. srk
165
ORDINANCE N0. ]0
AN ORDINANCE OF 7HE CITY COUNCIL OF THE CFTY OF MNCHO
LtiCANONGA, CALIFOPlIIA, CREATING AN HISTORIC PRESERVATION
COMMISSION TO ACT IN ADVISORY CAPACZTS TO 1HE CITY COCYCIL
[N tNE IDFNTTFIGTION AND PRESERVATION OF NTSTORICAL OBJECTS,
EVENtR, STRVC11TE5 AND SItES AND TO IpENTZFY PERECNS OF
HISTORICAL SIGNIFICANCE TO INS CZlt OF RANCHL CCCAYJNGA.
The Ciey Covn<I1 of the Ciey of Rancho Cucamonga, Catifo rnia,
does ordain as toll we:
SECTION I: Purp°s., it 1s hereby Sound chae the
procecclvn, eM an<ement, perpe[uacion and use of acruc tutee and st[ee of
bis writ, a:chi[eccural, and englreex log sign if lcance, :oc aced vt[hin
[he Clcv of Ran<h0 Cucamonga, era of cultural and aea check benefit [v
the community. I[ la fur Mar [ovnd chat the economic. cultural and
acs [he[IC sand in8 of this C1[y will be enhanced by respecting [he
her lcage of the Licy. The pvrpoee of chta Ord thence Ia co:
r+) Dae iglu ce, preserve, procec t, enhance
anE perpecuace chose hn roetc rtrne corn and eftee which contribute co
the cultural and eea che[ic Sme[[c of Rancho Cucamnga.
(b) Fmur clvtc pride In the beauty and
accomptlahmenn of the pea[.
(c) 546131re end improve ch< econme is
value of certain hta coric a[ruceurea and adc n.
(d) Protect and enhance eM C1cy'a cul[uraL
and see chee3c he rlcage.
(e) Promvn and eneeurage concfnueE
prlva ce ovnen hip ar;d uctltze clan oP such bui td Sng s, ocher strut to res
a:d sites nw so owned and used, [o the extent clot the oblec Gives
elated above can be. attained under sorb polLCy.
SECTION 2: tla ce[fa1 C.han¢e, Defined. A material
change Sa any change in ch< exterior appearance oP a setae ene nr Eea n:: e,
through al[ereclon, cool cru<cfon, relocaclon, grad tog demolition ar
OChe[Vl9l.
SECTION I: Nla mrtc Pref •rvacfan Commission. There a
hereby created the Clcy of Banc by Cucmonga Nis torte P[eeervatten Lom ss:on.
SECtION 4: Mwba nhlp. The His code Praf<rvac ton
Cmm;isstpn shall cone tat of ftve. (5) vv cfng megben who shall he rzsihencs
eE the CL[y of Rancho Cucamonga and appa In cad by the Cf ey Council,
eub)ecc [o the Eallovtng cand icfone:
(a) The term of office far each member
shalt be Eour (4) yea n, except chat eve (2) of the members Elnr ao m~~.ot rl
shell be dm tgnaced co serve for a term of [va (i) ve eta, and three ;:~
a term of `our (4) wears, so as co p[ov Lde a conclnuicy aF m<mbe rsh ;p ~
the Covelm tan. Thereafter, the [ern Eor each voting member shall
r (4) wean. Ar. appa inhmame co Elll an unexpired 4xm shall be E
the rematnE!r of such unexpired term. ~~
(b) A Com•isslon member may be remove[
upon the maJaricy voce of [he enctn Clty Cpunc tl.
SECT70N 5: Lern. fie;Mayo r, with the approval +.
the Ct[y Council, shall appoint the floc Che trpereon irpq amon¢ :-~
m®ben, su bl ¢[ m the Eoliw log cand t[fonf: The tern of offtoe ~;
the Chalrpe non shell Se Eor [he calendar yu r, or [hoc po~aan-
malning after seta Chairperson to appotn cad or lien cad. The naE:er.
when there la a vacancy In ehe of [tu of CM Srpenon, the Commtss; -
ahall <Lce a Chairperson Eros among ltf members.
1Fi6
SECTI^V fi: Adam is cr ac to n. Th¢ Coimnun icv Services
Oirttcor shall act as Sec recary re the Hlscori< prese[vatlen Connisston
and shall Se ehe cascodaan of !cs record9, conduce oEi iris! correspandenc e,
and amnmrally coord lnue cbe clerical and ce:hnical work of the
H is torlc Pr<servaclon [om¢iagfon in adm In is [ering :hla Ordinance.
The Communi[v Serv is es Dire<enr may des lgna ce an aLerna ce co fecve as
Sec re Cary dvr tog the absence e. c.e Dlre<co r.
SECTIOX ' Juries aE rbe its cork Preaervar ton
Comm isston. :he 419[¢nc Preservaclan Cogm lesion zeal: have the pave[
and ducv co:
fa) ddm!nlscer the p:ovlsi¢ns o! ch is
Ordinance.
!S) Pe [fora such other advtsn ry Eunc dons
as a v be delegated from clme co time :o the Hlsto rte Preservation
Comm! ufon by the C1[y Cmun<ll.
(c) came eo be maf ncalned a < enr
register ¢f Landmark designaclpna Ear public us< and Lnformatton.
gECT10N g: Deat¢naclon of LaMmarkv. TM1e Nts cor is
Prese rvaelon Cosm lsa loo, pursuant to the pro<ed arcs ser Eorrh
herein, may recov®eM co the Ctty Count ll the deatgvtion of a °Lard-
~ark" for an toil lvtdwt strut cure or ocher En cure, or group of strut corm
n a slnvle lot ar slee, or a sire having special aaathetic, cultural,
arc hlc<c tar al. ai en8lneering incerea[ or va tae of an hL Corlc al to cure.
(a) Each sacs deatgnac ton shall Lncluda
a ileac rapt loo of the characterlu l<a of ehe Landmark vM1 ich lmelfy
the ilea igra uon and consequent benefits m cM pub llc vh lch vlil he
dertvetl Eram its proservatlon. There ah alt be a d¢acrlpt ton of the
pea lcu tar Eeatnty cNC should be preserved, and the Legal dncr iptiam
of the landmark alce.
(h) the Nl9toric Prmerv+c:on Conan is ston
c at env clma recommend m the Clty Council the amentling oc resatnd-
tng oa a le ndmark dealgnaclon pursuant m the ume proc etlurea sec
is rch In ch to Ordinance far orlglnal deaignatton.
SECTION 9: Revfev Crlce[la. Nh en dm Sqr -tnq a
landmark, the Nlv torte Preaerva cton Commisf ton and the L!tp bunctl
f halA conaldsr the Eol;oving cr !cells as a gu Sae L maktn¢ ies deror-
~tna[ton:
(a) Ntstar tc at and Cuicu rat 51¢nfE is ant e.
(I) The propmad landmark if
particu La r!v repreaen[actve of an Sts [ortcal period, type, fcvla,
region, or v ai life.
Q) The oroposed landmark is an
example of a tvp< of building vNl<h vei once tammon but is nov care.
O7 the proposed landmark 15 of
greater age than mast of Its kind.
f~) The Dropased la ntlma[k vas
conneceM vich someone re noun ed, tmpo cram e, or local peraan al try,
(5) The proposed Landmark if
..o nneccad vlcM1 a business ar ase vh lch vas once common bur to - •+ rare.
(fi) The archleecc or Su lldar vu
Lmporcant.
f'7 The stce is the lo<a[[pn of do
Important hls torte every er hvi!d 1nR.
167
Ordinance 50. ',
Page ,
(b) Hla[orlc Arc hl cec coral and
EnRineerlna 51anlf Scant e.
(1) the cons traction mace rials
or engineering mechoda us eA 1n the proposed tandeurk are unusual
or slgniflcanc o, uniquely effec rive.
(2) The overall effect of [he
design eE :he proposed '-andmark !a beau[iful, or tca de calla and
m serials ate heaurlfwl of unusual.
(c) Ye t¢hbochood and Geo ra hl 5 c
(ll The proposed landmark
m cerialty henefics [he hid coric chavc[er of the netghb<rhoed.
(T) The proposed landmark In tcs
locaclon repreaencs an em cabllshed and familiar visual Fee:ure cf [he
neighed rloed, cenmunlcY or clay,
SEC[tOH 10: Procedure Eor Oas1a acto of C d k.
(a) OeaiPna[ton of laMmuka may be
propcaaa by the Cicy council, Hfseor lc Preaerva[SOn Coa•la aloe, the
gecrecary o on app llcu foe of the owners, ar rhei: aucharirsd agents,
o[ the uroperry for vhlch deslgnaclon is requn «e.
(b) .any ouch propaeal shall be filed
with cN Cwmun Ly Services Depar roan: upon [he prescrlbad fore
and shalt Snc lode the following data:
(U Aausa<r's part al number and
legal deecr lpcton a[ at[+.
Q) pest rtpclon deca111nq the
tandmarka, spec tnl aeu hecte, col cuu 1, ar<htceaura 1, or eng!pse r:nq
inter eat <r value of an hiatorlc na[ure.
U) Skec<nes, dravinga, phe cographs
or o[her deacrtpclve ma[erlal.
(a) Seacemenr of condtclon of
(5) Ocher Snfarmacien [+ques[ed Sv
Nlscoric Pr eee rvacion Cam•tu ion.
(c) the appllc acipn shall be referred m
the MSa coric Preserve clon Cas.f ufon for revtw end repot[ co the C.-.
Council ea co conformance vich eM purp<an and crf aria eE ehis
Ord lnanu. The Nfacoric Pnservacton C<esei»SOn shall hold a public
h<a[ing. Tha NL [ortc Proerva[San Ca®Iaalon shell reca~end approval,
d teaDDmvel. or modtf 3<a[SOn o[ cha do lgro [ton co the Glcy Count lt.
(d) Tha Clry ^. ounc tL shell held a
puS llc year ing on any proposed du Lgnatlon so cranam l[[ed. The
City Council may approve, aodl[y and approve, ar deny rho proposed
d eslgnation. Approval, ar mad if Saeclon and approval, of the des;aea ::o~
shall be upon adop clan eE an Ord Stunt e,
(e) me pccp<rcy tncluaea In env suc-
dnelgna[SOn shall Se sub)act co cha regular Sons art Forth N this
Ord lnance end any further concrola npeclE tad In chn dad igna[ing
OMinance.
(f) The Secreeary shill c ,c..
the du lgna[ing Ordlnen<• co be fo[vacdM to any dapar[mm [eor a¢r-~
requeseing f[ ar eo env led iv tdual daparcmanc or agency [o whom .
Sec«cary cane ld ere 1r aoproprlan co hive l[ cant.
168
(b) A landmark aay Se :d e.^,cL led ov an
oroved Ci:v -:a rker.
SEC:CO~ Procedure ! r Chance of L'se o+ a Candnark.
gal Change o[ use of a silos mce on a
!a- -ark s,.e sha!t re GUi:e a sp<c1a~ use penis.
~S) An application f r the sp ec tai me
nis steal: S ~.i ea with ;.e Co:moni cv Secv tc es De partmenc upon ;.e
presa Lhed E.,n and s'ra 1: :oncain the .`aliovty¢ fife r*.a elon:
(1) A plan shoe Lng :he rata cfon
ci :ne arcaosed use cs su:rount tag structu re a.
(D Alcecatio ns r :ed Ear tF.e
c hangs of use.
O7 Other tn[omucton deemed
nice ssarv by the Historic Preservation Coven iv ton.
'J After receiving an application far
a spec tai u e peniq the Communlcv Services Oeparcme nc shatl refer is
co the His mric preservacinn Comm lesion Mich shaft hold a puhllc
hearing.
(d) The Hia[o[lc Preaetvatton Como laalon
oar approve, aDProre etch nod if is aclons, or Clsapprove the aDpl icatlan.
(e) Prior to approval or mod tFted
approval, the Historic Preservation Commiaat on shall i(nd chat:
(t) TM ac[fon proposed to ca m is unt
.ich the ourpos es of this Ord (nanc e; and,
(') fie ose proposed will not Se
derr:mental to a <tfucture er Eea care of stgntf leant aeache[tc, cultu ra L,
a rchu ec ra ra! or enpineerin v, interact or va:ue of an ha cork na cure: o ,
fl) The apDllcant has dennnscrated chat
a en ial Y cbe aCplicac mn vi L' resu tc in immediate and suhstanc sal
•~dreanip.
(') Cpan aPDrovel of an application, tie
Hicceric pc servatlon Comm:ssfon snap lsaue a special use pe tmic,
. e (I) cape aE vhi<M1 will he :orvarded [o the applican[, one rl)
:n Os' _ 'which will Se retained in the fifes of the Community gervt<es
]eoa amen[, and me +i) mpv cE vh (ch shall h< Eo rva rd ed c, aav ocher
department or agence repueseing lc.
(b) Anv Pe rapn residin¢ to or auntn¢
^roperb+ In the CLV s'na11 have the right of appeal to the Ctcv
Council. Vocice of appeal gust be filed with the Cl[v Clerk vleh in
ten ft% davs Following the action of the Hls for is Preservation Cnnsnl scion.
fh1 Va special uae pe ntr shall be
wed un to ss the proposed oee a[ the subject toca[ton is pe rm:eted
Svaehe L+n wg Ord :nance.
IOA Il: Procedure co Aucbortze Com trot rton,
-- Demoliclon, Relocation. o vaterlal
Chanva on a De•. ivnered La ndmu k.
(a) Escape as otheevtsa provtdaE in
Sea (on ;5 of this Ora~nanre, tt shall be unlawful (or any person to
arrv nor nr cause cr ~ aarr:ed out a material change on anv des ipna ced
Landmark unless a ..d. ark aloe radon permit has itrst Seen obtained Ecr
9~sh rata [id1 thanye.
169
nriinav.<e So. '9
Pa¢a a
(b) My pe[aon do Lring co catty ouc s
aac<r1a1 cMnge on a deatpnaced landmatk atoll apply for a laMaurk
al[eeatlon permit.
(<) M appllc scion for a landmark alceraclon
petmic shall Se ftl <d vtth ch< Lomwlcy Services Oepartmen[ open ch<
an crl6ed Eorm and she 11 contain the [allovl og data.
(1) A aucment of [he proposes
work:
(U Plana do crib tnp cna stxe,
he!Rh c, etW appearance of the Propoud work;
(I) A site Alen shoring all ex is clog
halld logs and scruc cures aM the p[oposad wrk;
(e) obese [he app tiuelan is
for dmmlic SOn. ch< nee n el[Y for dmaltelcn sM 11 be ]m titled; and,
(5) Other lnforma[!on domed
nmeaaarY by [he X1a wrlc Preservation CovwLatmn.
(d) At ter nca ivtnq an apply Delon for
• landmark alten[IOn pemi[, eha Caaounity Sere lco Vapermmc atoll
ref e[ It co the gla carte Praserveclom Cooiufan vnl<h shall hold a
public besting.
(e) Tha gLCOrfc Proerva[IOn Goaaafaalrn
In cola tderfng the appropr tatensn of ens imdu[k alreutton apPltu cion
snail confider, among oeha[ things, [he purpom> of [his ordinamca
end [M hla toric uchl[e<eu[al valor sod •tpni[funa of eha lendmrk.
Monti ocher ehlmta, ens Consiaefon shall aka into <onafda[e[lon the
tex cure e[W mat¢rtal of [ha butldfnp or s[mctun in qumtton or 1es
appurcenenr Elx[u tea, including etpna, finen, parking, ate pion and
Land acaP log.
(f) The flLtoile Pnfetva[fon Cam las ion
may appravq approve with mod tflceclona, at dfeapprove the applies ttan.
(g) Pr for [o aDprpvel or mod lfted approval,
ch< flLCarte Prmerva[ton Cooly tan snail find chat:
(l) The ec HOn proposed is conata tent
etch the purposes at t:de ord inane; and,
(Z) iM action proposed vl It no[
be delttawn sal to a scruc tore or feaeu[e c( aigntE t<anc em she cic,
c oleo [al, arch icec tool, o[ englnurtnB interest oc valor at an
nla [o[l<Q na curt, ar,
(7) The ec [ton proposed la nee nsery
to colt ect en unsef• or dangerow coM Sefan on [ha propereY: pr,
(4) PM +pDitcanc hu demna[ra see the
denial of the appl icaelon v!11 result In lined is [e nr aubetentfel
herds hfp.
(h) UPan aPProval of an apDtie ax ion. ehr
Hlaco[fc Pro e[va tion Com if afon shall haw a laMmerk al to n[ton perm i[.
one (I7 copy of uhlch shall be forvarded to cM applt<one, ono (1) copy
of vh lch sM 11 ba [e ulnad in eha Ella of [ha Copmanl[y ge rvtcae
Vaparcmmq aM ana (1) copy of vnich snail M fa rvacd ed co the Bultd tnq
0 Efle tai. In add It ton, a copy shalt ba torvaed ed ca any oeha[ dewrcmant
or egancy rWuncSnR lt.
170
(1) Anv person resid tog in or om m¢
p[operry iv :he Ct[v shall have [he right eE appeal co [he Ci n' :Dune L'.
XocAce of avpeat muse be Ei led with [he Cicv tie rk vi[hin can (h) lava
fo11ov1ng [ne action of the 9tscor lc Pr wervac ton fonmis s:on.
(,) Vo Suild tog, grad tog or demolition
rmir shalt is issued Sv [he CL[v, if [he issuance of sacs pe[ma
vt It ai1oN a atu tat c.`.a nee co be carried out an a tlestgna cad landmark,
~n 1es9 [he appLi[an[ br such pert: has f(rst ah[a t0 ed a '. andmark
alcera uon earn R.
SECTIOS Il; Advice and Guidance [o Pro percv Oun era.
TSe :N 19 [o[I[ P[esa[vd[fOn COIIEIIi aafon mAy, 'i pJn [29u89[ of C^.e p[o per[v
o.ner, rind er non-cechnlcal advfce on prapaeed va rk an a des[p na cad
landmark alteratten permit. In cenderlnp such adv lee and au id once, tSe
N's cc rlc Preservation Lome lsaton shell be guided by [he purposes and
ri to ria in t'n is Ordlnan[e. IDSs Sec cton shall not be conacrvetl m
mpose env re¢ulaeions or <ontrcia upon env p[o per<y.
E ECIIOX ! Conformance Revulremen c. Nuance of
peyote in coninrnance v![h thta Ord tnance shall noc alter con fo ranee
regal rem<np wY Ch the other stand artla and raquiremenn of chfz nrtl tnance,
or ant ether appi Stable Ord loan ce.
E ECTIOX ti: VnaaCe nr uan¢arom Cand Sr/on. Xpnc of
[M1e provt riona of cn la Ordinance shall be construed co p[went any
measures of construceton, alteration. removal, demolition oc re locaclon
n e<es aarv co cor[ert [h< unsafe or dangerous cond lcfona ei any a[ruccure,
ocher feacu ra, or part thereof, which such cond lrlpn boa been declared
unsafe or dangercua by [he Bu11d1nB OEf SC(a 1, afro[ In[orm tog [he Xiacor is
Preservation Cpmmtsalon when the acruc cute Sf a landsar k. and vhate
tM1¢ proposed meaaurea have bean d¢lured ne<ueary by open off lc lal w
correct the said cend/rlon, pcovlded however, chat on lv such vark as
is nee eaeary co correct the unsafe or dangwavs cond S[ton may b¢ perfo[med
pu rowan[ co chla 5ectlon. to the wen[ any rtruc:u[e or ether .`ea[uce
shall be damaged by fire or oche[ ca{amt[v, the Sec [e'.•rv or 9ui ldtna
OFf is ial may authorize, prior co the Commtzsipn'+ .ev rev, Coat smain[
of repair or demoltcion neceasarv co correct an umaEe tpndi[lpn.
SECTION 16: Property Ovn__d by Public A¢e nc Axs. the
Ezc re ca r. aha 11 take apptoprlaca steps co notify all pubf i< even[ tea
vnich own ar may acquit[ p[operty in the Gtcy, of [he roe pens16 i1it:es
lnvelved In the pwnaraNfp of de slpnated landmark propea! [n [he
case of env publicly owned landmark. [he a¢encv ovnlnv z~ grope rev
shall oh[a in ebe approval of the Historic Preservacmn Cu-u+lon prior
co cans ~r~~tmn, al[era[fon or demo a[LOn thereon: and the Nts[orfc
Pre serva[tnn Commtazlon 9he11 r<nL er a report [o the owner as [sped ttloos lv
as poss tbl¢, based on the pu rpoaea and acandarda of rn is Otd mane[. If
Hiscor/c Plea erva[SOn Commlsalon review o[ a publ lc prmfect tnvolvin¢
tom [roc[ton. al[era[fon, demolition or removal on a landmark acru<ture
s 1[e is regal [ed antler env ether :eN, the Ntator l< Pc rva[lon Lemnf aslon
shall render [he report refe[red [o In this Section t ur.h publle agene~
without spec if S< request [herefO r. All officers, Soards, r.omm lsalona and
Cepar[menu uE ebe f.tev sna 11 coopers [e in ca rrv Sn¢ out the sp irtt ar.E
intent of [hla Ord Lnance.
SECTION L%: FtAtn¢ Fee a. Before acceptlnp far fi Ll na
env eppltca[ion deac ribetl to this 9rdlna nc e, the See re carv 9ha 11 cna[¢¢
and collect such gam to faire true tee as may he sec Sv re aolu[Wn of [he
Cl[v Go until.
BER SOX 18: Pubilc Neerin0.a Xot:ce and Cpnd u<c.
fa) Ifienevar a publle pea rlnv b requited
by [he prow is to ns of tote Ord tnance, to she It be held An pcce rdance vtM
[he prnvlslons nE [his Becton.
!hl A publL hearlny before the Xls[ar:r
P re se rva[ton Comml v ion shall Se a[ a t,-e and place ft¢ed by [he
Sec re[arv but noc more than foe n'-(rn ~ dove after the subml9sinn
of an appltu[fon o[ a proposal for ~~,. :he publle hearlnR fa requir^:.
171
'hdioa oce va. '0
ease .
(c) A pub ac hearing before cM1e Clay
Counc ll shall be during a [egula[ meecing pf [he Lfty Council. The
C ley Clerk shill fix [he dace Eor [he hea[Sng vhfch shall not Se is ttr
Chan chtecy UO) days after cM1e soccer co be considered fa referred
[n [M1e Ci[v Wunc 11.
(d) A publf< hea[ln; raY be continued by
cM1e Cody holdin¢ cM1e same far a period no[ in excess of ehirey (]n)
dots.
(e) go[ICe of [M1e time. place and pu[pmse
o! a public F.e sting shall be published once fn a n<vspaper of ;enera:
c icculacion In th< Cicy roc lev than ren (IO) days prior ca cFe dale
of the hearing.
SECTSON l9: A~eal~a. Th< Cicy Council shall ho td a
~ab 11c hearT'EO cam ider an appeal (ram a de<ls ion of the His roric
P[eetrvarion Commission. She Cicy Council may affirm, [everse or and iEv
cM1e action of [he Niacorlc Preaervaci<n Commfssion.
SEC?IDV E0: En[efc arrant.
(a) Du cv co Adminiscer and Enforce. It
shall be [he ducv of cM1e Cm:vmunicy Se tutees Depu [men c, a:M she
Build inq Gf Efclal [o adminis cer aril enforce cM1e provfslon of ch to
Ordimnce etch cM1e assistance of ocher Cicy Deparemenb vhm tleemed
nee naarv.
(b) Pend ties. Any pe [son, corpoutlon
or ocher enti[y via lattng any of cM1e provisions of ch is Ord lnanca
ehIIl be subJ<ct m fine of not mole chan Ftva Nuntlred Do Macs ($500.007
or :mprtsonmenc of no[ more [han six (5) months, or boch such E1ne
and lmDrlaenmant.
E ECTIGN ll: The Mayor shall sign ch is Ord lna nee and c`
Cicv Clerk shall accent [o cM1e same, and cM1e Cicy Clerk shall : e
the s e co be publ!s hed efchln ftf ce en (15) dava a(cer tcs pa ssa¢e,
a[ lease once In Th< Deily geoorc, a new paper aE general :i[<ula::oe,
publ tah<d in [he City of On cario, Cet SEornla, and cIr[ula ced fn tM1e Ltr:
of Rancho Cucamonga, CallEornla.
PASSED. APPROVED, and ADOPTED this :ch day of April, :?~4.
AYES: Yikels. Schlosser, Palumbo, Froac
VOES: Yone
ARSE\T: M'e s[
avo[
AT[EST:
~~
--LS[v Clem
172
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lO~ICP OT 116 Y1Y6 ('+) r dal Q 11q (1) ND F[A (1)
YINt Attl '~ PIDOVAL OT .]axNP 9H~LLT3~
!~'-m 1(Pdl ]f6 c11Y CWL'II. SBD~41'112
ww, nmoave, w aey Baru d w aeY M am.2c mcsuq. aoaa
hatabi attLin m Lollw:
~aox 1: mepear x.xe d w la:rtc o,~ys MNCiGai maa
bnby L a~da1 m trd ar [oliar:
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x.xe.oeo naaular nntlnl
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1.ta.ala saga. ~mr. 1a .a .bll :_1n in w acY
ntaolv.n.
2.N.aia mla~~lrlm• '~. oe rill +~ in an advlay
city m w C1ty much ama YlrnLq m~laalan m rx![v~pl farr.
j.7~,ma M~1L - tie:raily. 'DU C>OC x.11 auulrt d a
total d [Sw (S) rafts. N~[r d w mC Yrll b gafAr4 d AYmo
timer aN rtall b aypoLRaa M tlr city aor:cil. A r~titaa d w
sty munll rru .,bit m w acy m.cu m ~. d ay pram pca~d
ro< aimfnnrt m w me ra wrl r:m sw+ea..+c ti' w ccY mrctl, w
n.. d w lpefnq. call b xeed 1n w .fn,v d w city macu
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jyga tl~b - e.e:. d Ime1~t. 'ID. f1H (S)
a~+rr d w 0C L:itlallY :pPoieba du dabeafn tlb lrY/n d glNt
tees h' lac. Oar (x) arlsa c.ll ova • tan d Lpr (e) Yawn rd
Yril oaRl:ua Sn atfiaa uRl1 tlrlr xaeprttlr• toes rptn :nlaaa .chic
eaeM r 0[wiha 1n tLla oadiecea, rat tlrlr wcwra full b gpoLRld
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(1) Yaua ma Yell meter 1n dflw u+cil tirir etapccler tae .O~ln
tNaa. aoalc [rated r pcavlatl 1a NL otafirv, rd wis rm.rra
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pgol+rtau¢ aE fb CLY maril [er w wind eta.
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23a.GW °°n•• -••~~••~, b#:Lr ~d~ M tlr mC hll
b .w.wi:wr.f y~r ..ei.rr~~. d w mC.
12a.a3fl CI21~• w mC Yrlt .lse . eNleprrrl m
peaalda rt all rreLq d tlr 0C, W .vin eduleprv: m Raalda 1a w
dares d w d~geata. 'DU .caertY m w f8C abU b dcfi7utaa b/
w aey w.f.
173
Otdi+wu tb• 707E
Pegr 2 ,
ar aty c1~c rrll cettry to tlr 9r9r)• d v11a
~-1: Ifr SeSa rMll dqt mL Qdlllncr aA tlr city clap
shell cetrr W ser tc b PmUa+ra vimin tllbrl (IS) AeSr eLbr ib
peggr aC leers acr in tb 701 "•~• ~lv nlr~e, a nrurp,pr d
Asf¢el +•~"tL~! pepiytly7 N W city d OntYin, fiillanfr, raa
~ir..ylahM LI Che CSh' Of Aen~e Qi>~Yf. O111Rf1(!.
PA9~. 7PHIOVFU, ud NN19D tl1L ]ed dry oL Jrr, 1992.
AYB: lueorfl9t, B,q,rC, Rurtr Aill(w. ]riyle
!GlB: hart
AB6R7f: Aar ,~ w 1
~ n ^
Ornls L 9eoue, !hQ
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x, mw J. aws, crn ass d w af9~ d flebe os~7r.
aillfmW, do haebP aetS!)' the tM 1m9eLq ~ w Ltaolrtl rt
n9rlrr errtLq d fLr 09eCt1 Q Ne CIh' d lobe om~ Ee1G m tb
=ca~uc~~ tb~i tlry d ~ fac.uge°e~m +a. xta~ery d~.luaz~+ ah~
IDralb9 tAle Ia Gef d Jlur. 1997. rt 9Ybe C1YO'99./pllfaitL.
J. .city ate[
174
ORDINANCE N0. 315
AN ORDINANCE OF THE CITY COUNCiL OF THE CITY OF RANCHO
CUCAMONGA ADDING CHAPTER 2.56 TO TITLE 2 OF THE RANCHO
LUCAMONGA MUNICIPAL CODE RELATING TO THE CREATION OF A
PUBLIC SAFETY COMMISSION.
7HE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ODES ORDAIN
AS FOLLONS:
Section 1. Anew Chapter 2.56 hereby is added to the Rancho Cucamonga
Municipal Code to read, in words and figures, as follows:
'Chapter 2.56
"PUhl is Safety Comai ss ton
"Sec tions•
2.56.010 Puhlic Safety Cowission Created.
2.56.020 Membership -- Number.
2.56.030 Membership -- Positions to be Non-salaried.
2.56.040 Membership -- Length of Terms.
2.56.050 Membership -- Removal.
2.56.060 Powers and Duties.
2.56.070 Secretary.
2.56.080 Chairperson and Yice-chairperson -- Seclec Lion and Terms.
2.56.090 Meetings.
"2.56.010 Public Safety Comm ss ten Created. There is created and
established in the City a Public Safety Commission.
"2.56.020 Membership -- Number. The Pub11c Safety Commission shall
consist of seven members who shall be appointed by the City Courrcil. The Mayor
shall submit to the City Council the name of any person proposed far appoint-
ment to the Public Safety Commission, and upon Such appointment by the City
Council, the name of the appo tutee shall De recorded in the minutes of the City
Council meeting.
"2.56.030 Membership -- Positions to be Non-salaried. Members of the
Public Safety Commission shall receive no salary; provided, however, that
nothing in this Chapter shall preclude reimbursement to any member of the
Public Safety Commission for actual and necessary expenses incurred in the
performance of official duties by such commission on behalf of the City.
175
Ordinance Yo. 315
Page 2
"2.56.040 Membe rsh iD -- Lena th of Terms. Of the seven persons appointed
initially to serve on Lhe Public Safety Commission, three shall he designated
to serve for a term concluding on December 31, 1988 and four shall be appointed
to terms terminating on December 31, 1990 unless sooner removed a5 provided for
in this Cfia pier. Thereafter, those pe rson5 succeeding to the offices of the
initial appointees to the Public Safety Commission shall be appointed for terms
of four years commencing on the first day of January next succeeding each
regular municipal election scheduled to occur in November of even numbered
years. 1f a vacancy shall occur, other than by expiration of the term of
office, it shall be filled by appointment by the Mayor with the aRProval of the
City Council for the unexpired term thereof. the City Council may extend the
expiring term of any Public Safety Commissioner once for a maximum of six
months.
"2.56.050 Membersh io -- Removal. Any member of the Public Safety
Commission may be removed at any time by a majority vote of the entire City
Council.
"2.56.060 Powers and Duties. The Public Safety Commission shall act in
an advisory capacity to the City ouncil with respect to public safety metiers
and issues, including, but not 1lmited to, police and fire Drotec ti on, traffic
safety, public health and welfare, disaster preparedness, law enforcement
service levels, crime trends and law enforcement problems within the community
and such other public safety matters as may be referred to it by the City
Cbunc il, or brought to its attention by citizens of the comaun ity. The
Commission shall provide such advice and consultation to other City commissions
and staff as may be requested of the Commission. Notwithstanding the powers
and du tt es of the Public Sa feby Commission, the Public Safety Commission shall
not constitute a citizen review board or complaint board and sha 11 not be
authorized to review complaints with respect to personnel actions regarding
public safety personnel.
"2.56,070 Sec re to rv. The City Manager, or his designee, shall act as
secretary to the Public Safety Commission and shall be the custod tan of Sts
records, conduct official correspondence, and coordinate the clerical and
technical work of the Pubiic Safety Commission in administering this Chapter.
"2.56.080 Chair erson and Vice-chair erson -- Selection and Terms. The
Mayor, with the approval of the City Councf sha aDP-ll~ otnt [ne fi nt
Chairperson and Yice-chairperson from among the Commf scion Members. The terms
of office of the Chairperson and Yice-chairperson shad be for the calendar
year, or that portion remaining after said Chairperson or Vice-chairperson is
appointed or elected. Thereafter, when there Ss a vacancy in the office df
Chairperson and/or Vice-chairperson, the Commission shalt elect a Chairperson
and/ar Vice-chairperson from among its members. The Chairperson shall preside
at each meeting of the Public Safety Gammi ssi on and the Vice-t hairperson shall
preside over such meetings in the absence df the Chairperson.
"2.56.090 Meet ina s. Regular meetings of the Public Safety Commission
shall be held at such time and place as is determined by resolution of the City
Council."
176
Ordinance No. 315
Page 3
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
Oatl Re ort, a newspaper of general circulation published in the City of
Ontario, Ca ifornia, and circulated in the City of Rancho Cucamonga,
California.
PASSED, APPROVED, and ADOPTED this 17th day of June, 1987.
AYES: Brown, Buquet, Stout, Mright
NpES: None
ABSENT: King
ennis L. tout, Mayor
ATTEST:
Beverly A uthelet, City Clerk
I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ord tnante was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 3rd
day of June, 1981, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucanonga held on the 17th day of June, 1987.
Executed this 17th day of June, 1987 at Rant ho Cucamonga, California.
~ ~ / ~.
u
everly uthelet, Lity C erk
1~
ORDINANCe N0. 318
AN ORDINANCE OP 1A8 CITY COONCIL OP THE CITY OP RANC80
WCAlDNGA, CALIFORNIA, REPEALING (73APTER 2.52 AND ADDING A
NEW CHAPTER 2.52 TO TITLE 2 OP TRH RANCEO WCAIDNGA
MUNICIPAL WDB Rffi,ATING TO TNB CREATION OF A PARR AND
RHCREATION COMMISSION
THS CITY WONCII. OF TR8 CITY OP AANWO WCAM7NGA, CALIFORNIA, DOES
ORDAIN AS FQ.LOWS:
SHCfION 1. Chapter 2.52 of Title 2 of eha Rancho pwaaooRa Municipal
Code hereby is repeal ed.
SHCTION 2. A nar CWptar 2.52 hereby i. added to the Rancho Cncuongs
Municipal Coda to sand, in rords sad figure, u follara:
"ChaDtar 2.52"
"Park and Racrneion Coaaduioe"
^Sectiona:
2.52.010 Park and Aaereasion Couiaaion Craatad.
2.52.020 ll~barahip -° Nuad:ar.
2.52.030 Mabarahip -- Positions to ba No:raalaried.
2.52.040 M~barahip -- Langt6 of Tawas.
2.52.050 M~barahip -- Re~wal.
2.52.060 Porazs and Duties.
2.32,070 Sectetasy.
2.52.080 Chairperson and lice-ehairparaoa - Sal action and
Taaa.
2.52.090 Meetings.
"2.52.010 Park and Recrutioo Caea4aion CnaNd. There is
crated and satabl iahad is the City Park and Merution Coaaisaion.
"2.52.020 NubasahiD - Mahar. Tla Park and Racsution
Ccmmiuion aball eansiR of five maabers rho shall ba sppoiated by the Ciey
Council. The Nagor shall aubait to eha City Council the Dau of aq parson
proposed for appoinaent to the Park and Rscrution Cosaission, and upon each
appointment by eha City Council, eha nua of the appoiatu shall M recorded in
the minute of iha City Council eating.
178
Ordinance No. 318
Pegs 2
"2.52.030 Nembershi - Pocit ions to be Non-aalaxiad, Mrbe:a
of the Perk and Racrutioa C®miaeion ah 1 receive no q ^ry; provided,
hwwer, that oathiog in Chia Chapter shall preclude raiabun>taat to sty
member of the Park end Recreation Caawisaion Foz actual and nacaaaary azpenaea
incurred in the performance of official dutiu by •uc6 earis[ion oa behalf of
the City.
"2.52.040 Nambarship Length of Tend, Of the Live Mraona
appointed initially t0 ¢erva on the Park amd Raczeation CCriasion, throe shall
be designated to carve for a ten concluding oa Dacuber 31, 1988 and [ro shall
be appointed to tuna teniuting oa Dacaebar 31, 1990 unlu• aoour sawed u
provided for in thL Chapter. Thenatter. thou penoaa auceaading to the
offica• of the initial appointaaa to the Park sad Raczeation Coaaiaaiom shall
be appointed for feria of Four years cowncing an the tirst day of January
nazt eucceadiag uch regular municipal el ectioo scheduled to occur in November
of oven a~aabered yore. If • vacancy shall occur, other than by aspiration of
the term of office, it [hall be filled by appointmaac by the Hayot ritb the
approval of the City Council for the uaaspirad tea thereof. Tha City Council
may attend the expiring tan of avy park and ratraation camniaa;owr once for a
ma=imw of aiz monttu.
"2.52.050 Msbarahip - Raeoval, Aay arbor of she Park and
Recrucioo Corinion say ba rrwad at any air bf a ujoriey vote of ebe
entire City Council.
"2.52.060 Pwara sad Dutin. Tha Park and Racrution Coemiaaion
shall act is as advisory Capacity to the City Council dtb rupact to park and
recreetioo facility location, park dt• planaiag and facility deaiga and
dtvel apaent, operation, ria teoanca and ndevalopant of faciiitiu. fiscal
polity racomarndationa regarding development prioritiaa, gsuta, feu, and
financing machaniama fot furthering the goals of the Mezution Elrent of the
General Plaa, The Park sad Aacaation Coeaisaion shall advise the City Cwncil
on all mattara pertai¢i.ng to the prwtaioa of • qualiq prograo o! ratrutiam
services and activ itiu for the cawuaity, sad such other park and racrution
mattara a msy be referred to it by the City Council, or brought to its
ei gntion by citisena of Che carunity. The Cariaaion [hall prw ids •uch
advice and consultation to ether City cominioma and staff a may be raquuUd
of eha emmisaion.
"2.52.070 Secratrry. The Crneunity Setr isms Director, oz hie
deci gnae, shall act a gcretary to the Park and R[craation Coriuion and
shall be eha euatodian of its records, conduct official eorrnpoedepq, and
coordinate the clerical and tacMieal rock of the Park and Recreation
Commission is adminiaterimg Chia Chapter.
"2.52.080 LTairpenon sad Vice-chairwraoa - Selection and
Terms. The Mayor, rit6 eha approval of cha Citq Council, shall appoint the
fiat Chairperson and Vice-chairpanoa free song the Caesisaioa Nrbera. Tha
t a:ma oP office of the Chairpe non and Vica-chairpe non ^hall ba for the
cal cadet year, or that poztioo r~ainiag aft as acid Chairperson or
179
Ordinance Ho. 318
Page 3
Vice-chairperson is appointed or elected. Thereafter, when there is a vacancy
in the office of Chairperson and/or Vice-chairperson, the Commission shall
elect a Chairperson and/or Vice-chairperson fray among its members. The
Chairperson shall preside at each meeting of the Park and Recreation Commission
and the Vice-chairperson shall preside over such meetings in the absence of the
Lhairpe rson.
"2.52.090 Meetings. Regular meetings of the Park and Recreation
Commission shall be held at such time and place as is determined by resolution
of the City Council."
The Mayor shalt sign this Ordinance and the Lity Clerk shall cause the
same Lo be publ 75hed wf thin fifteen (15) days after its passage at least once
in The Datlr Report, a newspaper of general circulation published in the Lfty
of Onta rto, California, and circulated in the City of Rancho Cucamonga,
California.
PASSED, APPROV EO, and ADOPTED this 15th day of July, 1987.
AYES:
NOES:
ABSENT:
ennis L. Stout, Mayor
ATTEST:
't %
i~ i
Beverly A Authelet, City Clerk
I, BEVERLY A. AUTH ELE 7, CITY CLERK of the City of Rancho Cucamonga,
Cal ifornfa, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 1st
day of July, 1987, and was finally passed at a regular meeting of the City
Council of the Lity of Rancho Cucamonga held on the 15th day of July, 1987.
180
Ordinance No. 318
7a ge 4
Executed this 16th day of July, 1981 at Rancho Cucamonga, California.
Beverly'k. Ruthelet, City Cler
Igl
RESOLUTION N0. 90-193
A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, CHANGING THE PLACE FOR HOLDING
REGULAR NEEtINGS Of THE HISTORIC PRESERVATION COMMISSION,
PARxS AND RECREATION COMMISSION, P!ANN[NG COMMISS[ON ANO
PUBLIC SAFETY COMMISSION
i1NEREAS, the City of Ranc ha Cucamonga will be moving to its new
office facilities to be located at 10500 Liv is Center Drive, Rancho Cu camnga,
in June, 1990.
NON, THEREFORE, the City Cou~il of the C1ty of Rancho Cucamnga does
hereby resolve as follows:
SECTION 1: Regular meetings for the fallowing coewlsslons shall be
held in the Council Chabers at the Civic Center cosglex located at 10500
Civic Center Drive, Rancho Cucamnga, California, with respective effective
dates:
Historic Preurvation Conoisslon effective June 7, 1990
Dark 8 Recreation COU~isstan effective June 21, 1990
Planning Coawission effective June 13, 1990
Public Safety Comission effective July 3, 1990
SECTION 2: Said regular meetings shall coot lnue to occur as follows:
Historic Preservation Consis lion first Thursday of each moth
aL 7:00 p.m.
Park 6 Recrcatton Conwisston third TAursday of each moth
at 7:00 p.^.
Planning Cos~ission second 8 fourth Wednesday of
each moth at T:00 p.m.
Public Safety Com•TSSion first Tuesday of each moth
at 7:00 p.m.
PASSED, APPROVED, and ADOPTED this 16th day of May, 1990.
AYES: Alexander, Brown, Buquet, Stout
NOES: None
ABSENT: Wright
182
Resolution No. 90-193
Page 2
ennfs L. Lout, Mayor
ATTEST:
r CC.LC-~
ra J, d s, City C erk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucaannga,
California, do hereby certify that the forcgotng Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucaagnga,
California, nt a regular meeting of said City Council held on the 16th day of
May, 1990.
Executed this IItA day of May, 1990 at Rancho Cucamonga, California.
e ra d City C erk
1~
ta~1>izar No. 9z-zza
~ lmsar111zQ1 oa ~ clz~r wu+au, ar ~ ccnr a
naelan a><alnxa, c1lun~ml, c~ucnm a a-x aen
~ xa ~ 1~raazs or ~ tssnatsc
ai~evxiiw m~sxat
~.4, Y1r City al imndfo Cll®vrya Ms lnitiaLd a a/10 rarJc
prcgas fcr City start at the Cieio Cantor, lomtad at l030o Civic arltar
Drive, Pel~lo 41c~p; atd
iiffiII~A9, tha Niaicil b1ls~ws eovily tha day altd t1a al tMir
regularly ad~tllld aMtfn} will pmvLle is a >~e attactiw a1tl tiaaly
revl w.
1DN, 'nom, ttra City misicll or tty City as lydlo ~
rY.las trrWy resolve m follc-s:
9STi0li 1: Regular Wli:~ tCC ~ the HLta[iC Pras6vatial
Ct»isalan e~all f» bald in Me Owefoil Q>~ at t11s Clv1c MKt
~a lacetad at 10300 CLvic Oeater Drits, I~rdlO CnsOrtjl,
CalilornLl, a»d sale r'u~pls »satllq amLt ams as rcilalw:
a. 'AS same llsdsy al tedl smtll, stmrtlry a[ 3:00 p.a. teOaes
dhetwlas datar711ntl bX tds Obal~lal.
1Aa city Clark well oddly bo ttr adoption d this Aesolutlm.
PAS519, APPI~YS7, alld ADDPPIfl th1! 19011 filly Cr Atglldr 1997.
AYPS: ]llatmilder, B~IeR, $COlltr W t t ia~
lA~: Noela
AB807P: I@'1tj1G
L. 9tCUt, MIl4'
J. AdOr,ff~l 1C
1°
Ftaeol~im Lb. 92-228
Page 2
I, Dffi~ J. rL1(1lS, C11Y QIIdC OL Y2is City of Fe[Y3f0 Cu~aga,
calitomia, do hetrb/ c~rtitY tYat tir Saspi7fg Iirolutim ves dilY Pte.
ap}AU~ed, and adopted by tl» City Oamcil 01 tls City o2 ~o ~,
Caiit~nia, at a regular mesti~ of said City ctaacil held m the ]9th day of
August, 1992.
t]mcuted this 2ottt day as Aught, 1992, at Rarc31o 4rmeQS,p,
Caiifmnie.
q~ Are J. Aclem~ ty c
1~
RESOLUTION NO. EMC 9(}-001-R
A RESOLUTION OF THE ENVIRONMENTAL MANAGEMENT
COMMISSION OF THE CITY OF RANCHO CUCAMONGA,
CALffORNIA, CHANGING THE DATE FOR HOLDING REGULAR
MEETINGS
WHEREAS, Section 2.28.060 Regular Meetings of the Enabling Ordinance which
created the Environmental Management Commission does provide thaz reguhtr meetings of the
Environmental Management Cortmtissicn shall be established by Resolution of the Eovironmenml
Management Cormrdssion: std
NOW, THEREFORE, BE Tf RESOLVID that the Eovimnmentil Management
Commission of the City of Rancho Cucamonga, California, does hereby resolve as fo0ows:
SECTION t: Regular meetings of the Environmental Management Commission
shall now be held on [hc fourth (4th) Tuesday of each month az 7:00 p.m.
SFrrrnN 2: Regular meetings sha0 corttintte to he held in the Council Chambers
az the Civic Center complex locazed at 10500 Civic Center Drive, Rands (lramanga, CaGtomia.
PASSED, APPROVED AND ADOPTED this 22nd day of Septembv 1992.
AYES: Batros, Lee, Riggs
NOES: None
ABSENT: Dunlap, Williams
~ ~~ ~
J. Mic a, vice-Chou
ATTEST:
`~
Jan utton, Secretary
1~
Resolution No. EMC90001-B
~2
of Rancho Cuc4amo g Califw~n>s~, do heroby amify that tdt Commission of the (Sty . .
Passed. a oregomg Resolution was duly 1~
pproved, and adopted by the Environmental Mamgement Commission of the 6ty of
Rancho Clcatnonga, California, at a special mating of the said Commission held on the 22nd day
of September, 1992
Executed this 23rd day of September, 1992 at Rancho Cucamonga, California,
Tan Sutton, Secretary
187
:=;
,~~,.
;.;
ENVIRONMENTAL MANAGEMENT COMMISSION, HISTORIC PRESERVATION
COMMISSION, PARK AND RECREATION COMMISSION, PLANMNG COMMISSION,
AND PUBLIC SAFETY COMMISSION
The Council Suhcgonuttm for these Comtniaiom rnedtc[ the inrcviervt for Ne ~ anent aoA vanodei at
they acuv anA pmviCe liaiaoo fa inmt of mmW iotaat.
EMC DELEGATES: Stool oad WiiBaau
NPC DELEGATES; Akaaodtr aad GaWrrsa
Park t RecrgUoo DELEGATES: 6agaa aad WIWa~a
Plaaaia~ DELEGATES: Stoat aad Bagaq
PokOe Safeq DELEGATES: Algaador aad Cadarrq
100
C1'1'Y UN' RANCHO CUCAMONGA
STAFF REPORT
DATE: Match 17, 1993
a
TO: Mayor and Members of the City Council ° t'"
FROM: Linda D. Daniels, Deputy City Manager
SLBJECI': CONSIDERATION OF AMENDMENT NO I. TO LEASE AGREEMENT
DATED SEPTEMBER 16, 1992 BETWEEN THE CITY AND THE
STADIUM TENANT
RECOMMENDATION: Approve the attached Amendment No. 1 to the Lease
between [he Ci[y and the Stadium Tenant dated September 16, 1992.
BACKGROUND: In February, the Ci[y Council considered a request from the
Stadium Tenant to allow for a parking charge at the Sports Complex. The
charge for parking was requested when there is an event at the Complex
where an admission is paid. As part of that request, the Tenant proposed
to divide equally with the City the net revenues that are collected from the
charged parking operation. The City Council accepted the proposal to
charge for parking and to equally divide the net revenues collected.
ANALYSIS: The current lease includes a sharing of revenues based on a
percentage scale of total revenues generated from all operations. An
amendment to the Lease is required so that the parking revenues,
excluding those collected for preferred parking, are shared equally
between the City and the Tenant after deducting charged parking
operation costs. The City Attorney and staff have developed Amendment
No. 1 to the existing Lease which provides for the equal distribution of the
parking revenues that will be collected.
Re~slprelctf~ully su~vmit~ted,,~
<~~ / ~.
Linda D. Daniels
Deputy City Manager
~~
ADMENDMENT NO. 1 TO LEASE
This Amendment No. t is entered into as of , 1993, by and
between the CITY' OF RANCHO CUCAMONGA ("City" hereinafter) and VALLEY
BASEBALL CLUB, INC., a California Corporation ('Tenant" hereinafter).
WITNESSETH
A. Recitals
(i) City and Tenant entered into a lease dated September 16, 1992 ("the Lease"
hereinafter) regarding the use of a satdium and ancillary facilities ("the Stadium"
hereinafter) described therein. The Lease delineates an area at the Stadium where certain
patrons of baseball games conducted by Tenant may park and tenant may charge therefor
in an amount not exceeding $4.00 per vehicle ("the preferred parking area" hereinafter).
Revenues derived therefrom are included in the definition of "gross revenues" set forth in
section 4.04 of the Lease.
(ii) City's Council has adopted a resolution providing fora $2.00 per vehicle
charge for parking at the Stadium during events for which admission is charged, including
the conduct of baseball games at the Stadium pursuant to the Lease.
(iii) The purpose of this Amendment No. 1 is to provide for the sharing of and
accoun+ing for revenues derived from the parking charges referred to in Recitals "ii" above
made for parking at the Stadium during baseball games conducted by Tenant pursuant to
the Lease.
B. Amendment No. 1.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1. Section 14 of the Lease hereby is amended to read as follows:
1~
"14. Pazkine Lot Rates. Tenant may charge patrons of baseball games
conducted by Tenant at the Stadium delineated by Tenant for use of that portion of the
Stadium parking lot described in Exhibit "A" hereto ("the preferred pazking area"
hereinafter) a sum not to exceed $4.00 per vehicle. Revenues derived from preferred
parking area charges shall be included in the definition of gross revenues set forth in seMion
4.04 hereof. Tenant also may charge other persons for use of other areas of the Stadium
parking lot in accordance vrtth the provisions of Resolutions passed and or amended from
time to time by City's Council. Revenues derived therefrom, after deducting only those
costs directly associated with charged parking operations, shall be divided equally between
Tenant and City and calculated and distributed by the first day of each month subsequent
to a month where parking charges have been collected. The provisions of settions 4.05,
4.06, and 4.08 of this Lease shall apply to the payment of and accounting for City's equal
share of such revenues.
2. The Tenant is responsible for all personnel necessary to administer and
supervise [he collection of all pazking charges. The cost of the parking passes for City
league players and league officials, are considered to be a cost of the charged parking
operation and shall be paid for by the Tenant.
3. Other than as expressly amended hereby, the Lease and each and every term
and provision contained therein shall remain in Sill force and effect.
WHEREFORE, City and Tenant have entered into this Amendement No. ] as of the
date se[ forth hereinabove.
CITY OF RANCHO CUCAMONGA
By:
Dennis L. Stout, Mayor
ATTEST;
By:
Debra J. Adams, City Clerk
VALLEY BASEBALL CLUB, INC.
By:
Henry E. Stickney, President
191
l;['1'Y Ur' t[A1Vl;liU l:UI:AMVN(iA
STAFF REPORT
DATE: March 17, 1993
TO: Mayor and Members of the City Council
FROM: Linda D. Daniels, Deputy City Manager
SUBIECf: CONSIDERATION OF RESOLUTION PROVIDING FOR A PARKING
CHARGE AT THE ADULT SPORTS COMPLEX WHEN ADMISSION I
TO AN EVENT IS CHARGED
RECOMMENDATION: Adopt the attached Resolution which provides fora
parking charge at the Adult Sports Complex when admission is charged to
an event at the Complex.
BACKGROUND: Ir. February, the City Council considered a request from the
Stadium Tenant to allow for s parking charge at the Sports Complex. The
City Council directed staff to prepare a Resolution which would allow for a
$2.00 parking charge at the Sports Complex when there is an event where
admission is paid. The City Council included, as part of that direction,
providing an exemption for league players, league officials and patrons of
the Animal Care facility.
ANALYSIS: The City Attorney and staff have developed a Resolution which
sets forth a $2.00 parking charge for vehicles in addition to the preferred
parking area which is already co•~ered under the lease between the City
and the Tenant. included in the Resolution is language which exempts
league players and league officials with a valid City issued parking pass
and patrons of the Animal Care Shelter from the $2.00 parking charge.
Respectfully submitted,
c;~-~.- .d..
Linda D. Daniels
Deputy City Manager
1~
lusolxrzzKar r~o. 93 - Duo ~
A RE90UJfZ~1 OF TEiE CSTY 00[RQCTI. OF THE CITY OF RANCEiO
CUCAtKNJ(.A PRWIDING FOR CFiARGFS FOR PAHICII7G AT THE RAN(}IO
COCAMFi('.A SPORfS [1T]PI.EJC OORIIQG T;VEN15 FOR 4~ffCH
AQ~IISSION IS CRAR®
Tne Cau~cil of the City of Fancla Cucamonga does hereby resolve as
follows:
1. Subject to the exceptions specified in paragraph three hereof,
arty person ar persatu who Deduct an event for whidr an admission fee is
~irgecl at the Rarrho Cuc~oonga Sports a~lex located on the west side of
Rodlestes Avenue, south of Foothill Haulevard ("the Spc2 is q~lex"
here~++a~'e+-) may ~ for the use of parki rc,7 lot areas at said its
CatQlex delineated by letter on Fktdbit "1" hereto, a sum net to eareed $2.00
per Vehicle.
2. The parking fee referred to in paragraph one of this Resolution
may be diacged to any vehicle entering the Spot7s Coaplex during that period
of time beginning two hours prior to the sdtedtrled time for the ocaspuxxnsent
of the evert and concluding when the event oa~cludes.
3. The parking fee referred to in pa,~ra.„hc one aryl two hereof
shall not apply to and shall not be levied against the following vehicles:
A. Vehicles entitled to occupy the preferred parking area
delineated in the Lease dated Septelidxr 16, 1992 by and betw~enr the CITY OF
RANG-10 C[JCAMCkK,A and VALLEY 6ASIDALL CWB, INC., arcl desigriata9 by the letter
"A" on Ddribit "1" hereto during baseball gams corndudsl at the Stadium
. +*~,am to said Lease; or
B. Vehicles used by perscx~, attending other events
simutarneously ooauriny at the Sports caiQlex whiff display a parking permit
therefore issued by the City of Farrlw Qrairorya, provided that no suc3r
vehicle shall be permitted to occupy space in the above referenced preferred
parking area for a period of time two hours before and thraK~ the omclusion
of a baseball game owducted pursuarnt to the above referenced Lease.
C. Vehicles usod by persona who have business at the Animal
care facility and who park it the short term parking area designated by the
City for Animal Care patrons.
4. The city Manager or his designee is authorized to inQlement
tedrnical parking operations and prooetlures as rrAuired to ir~se the
efficient flaw of public parking foY the Sports CtmQlex.
5. The City Clerk shall certify to the advptien of this Resolutia~.
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93_'0 'C' BASELINE RD., RAtiCHO Cl,'CA~IONGA. CA. rt i..a ~ Qi
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BOND IADEATORB
This Bond Indenture (the "Indenture^j dated ae of 1993, ie entered into
by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the
"ISeu er"), and as fiscal agent, paying agent,
registrar and transfer agent ([he "Fiscal Agent"), to set ab lish the terms and
conditions pertaining to the issuance of bonds in a special assessment district
known and designated as ASSESSMENT DISTRICT NO. 85-PD-R (REFUNDING) (the "A~~e~ement
Dietrict").
SECTION 1. Aut horizaiion, Designer ion and Amount. Pureuent to the provis tore of
the "Refunding Act of 1980 for 1915 Improvement Act sonde" (the "Act"),
being Division 11.5 of the Stteate and Highways Code of the Bteie of
California, the Zsauet does hereby authorize the issuance of bonds to
represent unpaid reaaeesements within the Assessment Dietrict in an
aggregate print ipel amount not to exceed $ and to be
designated ae the City of Rancho Cucamonga Assessment Dietrict No.
85-PD-A Limited Obligation Refunding Bonds (the "Bond a").
SECTION 2. Zeauance, Vnpaid Aeaeeeeement e. The Issuer shall determin¢ the
reaseeeemente which are unpaid antl the aggregate amount thereof and
issue, sell and deliver bonds therefor ae authorized by Section 9602 of
the Streets and Highways code of the State of California.
SECTION 3. Term of Bonds. All of the Bonds shall mature on or before September 2,
The provisions of Patt 11.1 of the Act, providing an alternative
procedure for the advance payment of reaeseeemants and the calling of
Bonds eha 11 apply.
SECTION 4. Registered Bonds and Denominai Iona. The Bonds shall be issued only ae
fully registered Bonds in the denomination of $5,000, or any integral
multiple thereof, except for one Bontl maturing in the first year of
maturity, which shall include the amount by which the total aggregate
principal amount of the Bonds exceeds the maximum Lntegral multiple of
$5,000.
SECTION 5. Date of Bontl e. All of the Bonds shall be dated 1993, antl
interest eha 11 accrue from that date at the terse set forth in Exhibit
"A" attached hereto and incorppratetl herein by this reference.
SECTION 6. Maturity. the Bonds shall be issued ae aer inl bonds with en nu al maturi-
ties on September 2nd of every year, commencing September 2, 199d,
until the whole ie paid. The prinelpal amount maturing and payable
each year shall be such as to result in approximately equal annual debt
service during the term of the is eve ee reflected by the interest rates
and principal amounts maturing in the respective years of maturity as
shown on Exhib i[ "A" hereto.
SECTION 7. Interest. Each Bond shall be of a single maturity and shall bear
i.nte rear at the rate for their maturity ae set forth in Exhibit "A"
attached hereto.
Interest on the Bonds shall be paid in lawful money of the United
States of America on March 2 and September 2 of each year (each, an
"interest payment date"), commencing September 2, 1993, by check of the
Faecal Agent mailed by first-class mail, postage prepaid, on each
interest payment date to the registered owners thereof at the ownere•
addressee ae they appear on the Fiscal Agent's books of registration ae
of the close of bus inees on the 15th day immediately precedinq said
interest payment date regardless of whether such day Le a buainese day
(the "Record Date") or by wire transfer made on an interest payment
date upon written instructions received by the Fiscal Agent on or
before the Record Date From an owner of 51,000,000 or more in aggregate
principal amount of Donds. Interest shall be calculated on the basis
of a 360-day year composed of twelve 30-day me nt ha.
Interest on any Bond shall be payeple from the interest payment tlate
next preceding the date of authentication of that Bond, unless (i) the
date of authentication ie an interest payment date, in which event
interest shall be payable from such date of authentication, (il) the
date of authentication ie after a Record Date but prior to the
immediately succeeding interest payment date, in which evens interest
shall be payable from that interest payment date, or (iii) the date of
authenticni ion is prior to the close of buainese on the first Record
Date, in which event Lntereet shall be payable from February 2, 1993;
provided, however, that if at the time of authentication of any Bond,
interest ie in default, interest on that Bond shall bs payable from the
last interest payment date to which the interest has been paid or made
available for payment oc from , 1993 iE no interest has been
paitl or made available for payment.
SECTION e. Place of Payment. The principal ot, and en1' premium due on the redemp-
tion of, the Bonds shall be payable in lawful money of the United
St etas of America upon surrender thereof at the Loe Angeles corporate
trust office of the Fiscal Agsnt or at each other office ae the Fiscal
Agent may designate, or ouch ether registrar, transfer agent, paying
agent or fiscal agent as appointed by Section 27 hereof ae may be
designated by resolution of the Issuer.
SECTION 9. Redemption.
(a) Any Bond or any portion of a Bond in the amount of $5,000 or any
integral multiple thereof may be redeemed prior to maturity, in
whole or in part, from any source of funds, on any March 2 or
September 2 at a redemption price equal to the principal emoa nt
thereof to be redeemed, together with accrued interest to the date
of cedempt.ion, plus a premium equal to:
38 of the principal redeemed if Yedeemed on or before September 2,
200
28 of the principal redeemed if redse:ned on or before March 2,
200_ or September 2, 200_
39 of the principal redeemed if redeemed on or before Harch 2,
200_ or September 2, 200_
0a of the principal redeemed if redeemetl on or after March 2,
200
(b) Purchase of Bonds. In lieu of payment at maturity or redemption
under this Section 9, monies in the Redemption Fund may be used
end withdrawn by the Fiscal Agent for purchase of outstanding
Honda, upon the filing with the Fiscal Agent prior to the selec-
tion of Bonds for redemption of fl wr iiten request Erom the Issuer
requesting such purchase, at public or private Bale as and when,
and at such prices (including brokerage and other charges) ae ouch
request may provide, but in no event may Bonds De purchased at a
price in excess of the principal amount thereof, the premium, if
any, plus interest accrued to the date of maturity oz redemption
that would otherwise be payable.
(c) Selection of Bonds for Redemption. If lase than all of the
outetand ing Bonds are to be redeemed, the Fiscal Agent shall
select the sonde to be redeemed in authorized denominations from
each maturity in the same proportion which such maturity repre-
eente with respect to all of the outetand ing Bonds and by lot
within a single maturity; provided, however, that the portion of
any Bond of n denomination of more than $5,000 to be redeemed
shall be in the principal amount of $5,000 or an integral multiple
thereof, and that, in selecting portions of such Bonds for redemp-
tion, the Fiscal Agent shall treat each such eontl as representing
that number of Bonds of $5,000 denominet ion which is obtained by
dividing the principal amount of each Bonds to be redeemed Ln part
by $5,000. The Fiacnl Agent shall promptly notify the Issuer in
writing of the Bonds, or portions thereof, selected for
redemption.
(d) Nokice of Redemption. When the Fiscal Agent shall receive notice
from the Issuer of its election to redeem Gonda at least sixty
(60) days prior to the applicable redemption date, or when Bonds
are otherwise to be redeemed pursuant to this Section 9, the
Fiscal Agent shall glue notice, in the name and at the expense of
the Issuer, of the redemption of such Bond a. Such notice o£
redemption shall (a) apse ify the numbers of the Bonds selected for
redemption, except that where all the Bonds are aubjec[ to retlemp-
tion, the numbers thereof need not be specified; (b) et ate the
date fixed for redemption; (c) et ate the redemption price; (d)
Mate the place or places where the Honda are to be redeemed; end
(e) in the case of Bonds to be redeemed only in part, et ate the
portion of the Bond which is to be redeemed. Such notice shall
further state that on the date fixed for redemption there shall
become due and payable on each Bond, or portion thereof called for
redemption, the principal thereof, together with any premium, and
l ntereet accrued to the redemption date, and that from and after
each dote, interest thereon shall cease to accrue and be payable.
At least 30 days but no more then 45 days prior to the redemption
date, the Fiscal Agent shalt mail by first class mail, postage
prepaid, a copy of such notice, eo tae respective owners ct the
Bonds to be redeemed at their addressee appearing on the bond
register. The actual receipt by the owner of any Bond of notice
of such redemption shall not be a condition precedent thereto, and
failure to receive such notice shall no^_ affect the validity of
the proceedings for the redempi ion of such Bonds, oz the ceaeat ion
of interest on Lhe redemption date. A cart ifieate by the Fiscal
Agent that notice of such redemption has been given ae herein
provided shell be conc luaive ae against all parties, and it shall
not be open to any bondowner to show that he or she failed to
receive not tee of such redemption. Aa long ae publication may De
required by law, notice of redemption also must be published once
in The Bond Hu yer at leas? i0 dey9 prior to the date fixed Eor
redemption of the Bond e.
In addition to the notice described in the foregoing paragraph,
ouch redemption notice shall be given by the Fiscal Agent (1) by
registered cr certified mail on the same tley ae the date of the
mailing required by tae preceding paragraph, or (11) by overnight
delivery service, on the date before the date of the mailing
required by the preceding paragraph to each of the following
aecurit tee depositories:
(1) The Depoa itory Trust Company
711 Stewart Avenue
Garden Clty, New Yotk 11530
Facsimile tranamieeion: (516) 227-4039
(516) 227-4390
(2) Midwe et 5acuritiee Trust Company
Capital Btructuree-Call Notification
440 South LaSalle Street
Chicago, Illinois 60605
Facsimile trensmiee ion: (312) 663-2343
(3) Philadelphia Depository Trust Company
Reorganization Divia ion
1900 Market. B[re6t
PhiladeLph ia, Pennsylvania 19103
Facsimile ttnnemission: 2.15) 496-5058
On the same day ae the date of the mailing required by the second
paragraph preceding ehie paragraph, each prepayment not ue shell
be given by the Piacel Agent by (1) registered or certified mail,
poet age prepaid, or (il) overnight delivery service, to one of the
following services selected by the issuer:
(1) Financial Infozmat io n, Znc.•e
Ftnenciel OaLly Called Bond Service
30 Montgomery Street, 10th Floor
Jersey City, New Jezaey 07302
Attention: 6dltor
(2) Interactive Data Corporation's Bond Service
22 Cort lantlt Street
New York, New York 10007
(3) Renny Information Serv ice's Called Hond Service
55 Bond 5tteet, 28th Floor
New York, New York 10006
(4) Moody•s Municipal and Government
99 Church Street, 8th Floor
New Yozk, New York 10007
Attention: Municipal News Reports
(5) Standard 6 Poore Calied Bond Aecord
25 Broadway, 3rd Floor
New York, New York 30004
Neither failure to give Che notice described in the two immedia-
tely preceding paragraphs nor any defect therein shall in nny
manner affect the redemption of the Bonds.
(e) Partial Redemption of Bondy. Upon vurrvnder of any Bond to be
redeemed in part only, the Issuer shell execute end the Ftecal
Agent ehali au thenticata and deliver to the bondowner, at the
expense of the issuer, a new Bond or sonde of authorized denominn-
tiona equal in aggregate principal emou nt to the unredeemed
portion of the Bond surrendered, with the same interest rate and
the same maturity.
(f) Effect of Notice and Availability of Redemption Noney. Notice of
redemption having been duly given, ae provided in thin Section 9,
and the amount necessary for the redemption having been made
available for that purpose and being available therefor on the
date fixed Eor each redemption:
(1) The Bonds, or portions thereof, designated for redemption
ehal 1, on the date fixed for redemption, become due and
peyeb le at the redemption price thereof ae provided in this
Indenture, anything in this Indenture or in the Bonds to the
contrary notwit hetandingr
(2) Upon presentation and surrender thereof at the principal
corporate trust office of the Fiecel Agent, such Border shall
be redeemetl at the spec if ied redemption price;
(3) From and after the redemption date, the Bonds or portions
thereof so designated for redemptCOn shall be deemed to be no
longer outeGantling and each Bonds or portions thereof shall
cease to bear further interest; and
(4) From and after the date fixed for rvdempt ion, no owner of any
of the Bonds or portion thereof eo designated for redemption
shell be entitled to any of the benefits of this Indenture,
or to any other right e, except with respect to payment of fns
rvdempt ion price and interest accrued to the redemption date
from the nmounte eo made available.
5
(g~ The Bonds eha/l be subject to refunding pursuant to Division 11.5
of the Streets and Highways Code of the State of California.
SECTION 30. Transfer of Registered Bonds. Any Bond may, in accordance with its
terms, be trarsferred, upon the books of regietrat ion required fo be
kept pursuant to the provisions of Section 12, 6y the owner in whose
name it ie registered, or by hie or her duly authorized attorney or
legal representative, upon surrender of such Bond for registration of
such transfer, accompanied by delivery of a written instrument of
trans Eer in a form approved by the Fiscal Agent and duly executed by
the owner of said Bonds.
The Fiscal Agent may require t:ie payment by the Bondowner requesting
such transfer of any tax or other gcvernmental charge cequired to be
paid with respect to each transfer and such charges as provided for in
the system of regiet ration for registered debt obligations.
The Fiscal Agent shall not be required to register the transfer of any
Bonds during the fifteen (15~ days preceding the selection of any eonda
for redemption prior to the maturity thereofr nor with respect to any
Bond which has been aeiected for redemption prior to the maturity
thereof.
Up>n any regietrat ion of transfer, a new Bond or Bonds shall be authen-
ticated and delivered by the Fiscal Agent in exchange for each Bond, in
the name of the transferee, in any denomination or denominations autho-
rized by this Indenture, and in an aggregate principal amount equal to
the principal amount of such Bond or principal amount of such Bond or
eonda eo eurrvndazed. In all caves in which Bonds aha11 bs exchanged
or transferred, the Fiscal Agent shall authenticate eonda in accordance
with the ptoviaione of this I:denture. All eonda surrendered in such
exchange or regietrat ion transfer shall forthwith be cancelled.
SECTION 11. Exchange of eonda. eonda may be exchanged at the principal corporate
trust office of the Fiscal Agent for n like aggregate principal amount
of Sonde of the dame aeries, interest rate and maturity, subject to the
payment of any tax or governments] charges, if any, upon surrender and
cancellation of the Bond. Vpon each transfer and exchange, a new regis-
tered Bond or Bonds of any authorized denomination or denominations of
the same series and maturity for the same aggregate principal amount
will be ie sued to the tranefere¢ in exchange therefor.
SECTION 12. Books of Registration. Thera shall be kept by the Fiscal Agent suffi-
cient books for the registration and transfer of the Sonde and, upon
presentation for such par pose, the Fiscal Agent shall, under such
reasonable regulations as it may preecr ibe, regienez or transfer or
cause to be registered or transferred, on se itl register, Sonde as
hereinbefore provided.
SECTION 13. Execution of Sonde. The Sonde shall Ge executed in facsimile 6y the
Treasurer and by the City Clerk of the Issuer, and the corporate deal
may he imprinted in facsimile on the Sonde. The Sonde shall then he
delivered to the Fiscal Agent for authent Lcation and regietrat ion. In
case an officer who shall have signed or attested to any of the Bonde
by faceimi le or otherwise shall cease to be such officer before the
authentication, delivery and issuance of the Bonde, such Bonde neverthe-
Leee may be authenticated, delivered and issued, and upon such
authentication, delivery and issue, shall be as binding ae though those
who signed and attested the same had remained in office.
SECTION 14. Authentication. Only such of the Bonde ae shall bear therecn a certifi-
cate of authentication su batantially in the form below, manually
executed by the Fiscal Agent, shall be valid or obligatory for any
purpose or entitled to the benefits of this Indenture, ana such certifi-
cate of the Fiscal Agent shall be conclusive evidence that the Bonds so
authenticated have been duly executed, authenticated and delivered
hereunder, and are entitled to the benefits of this Indenture.
FOAM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This ie one of the Bonde tlesc ribed
in the Bond Indenture authorizing
the issuance of the Bonds.
as Fiscal Agent
By:
.AUthorized signatory
Dated:
SECTION 15. Ownership of Bonds. The person in whose name any Bond shall be regi~-
tered shall be deemed and regarded by the Fiscal Agent and the Issuer
ae the absolute owner thereof for all purposes and shall not be
affected by any notice to the contrary, and payment of or on account of
the principal and redemption premium, if any, of any such Bond, and the
interest on any each Bond, shall be made only to or upon the order of
the regLetereA owner thereof or hie legnl representative shown on the
books of regiet ration. All such payments shall ba valid and effectual
to eat iefy and discharge the liebil ity upon such Bond, including the
redemption premium, if any, and Snterest thereon, to the extent of the
sum or same eo paid.
SECTION 16. Mutllnted, Destroyed, Stolen or Lo at Bonde. In case any Bond aecu red
hereby shall become mat ileted or be destroyed, stolen or lost, the
Ieeuer shall cause to be executed and authenticated a new Bond of like
date and tenor and principal or maturity amount in exchange and eubeti-
tution for and upon the cancell at LOn of such mutilated Bond or in lieu
of antl in subetitut ion for such Bond mutilated, de et rayed, stolen or
loot, upon the owner's paying the reaeona6le expenses and charges in
connection therewith, and, in the case of a Bond destroyed, stolen or
lost, hie filing with the Fiscal Agent and Ieeuer of evidence aatiefac-
tory to them that such Bond wee deet toyed, stolen or lost, and of hla
ownership LhereoE, and furnishing the Fiscal Agent and Ieeuer with
Sndemnity eat iefactory to them.
SECTION i7. Cnncell at ion of Donde. A11 Bonds paid or redeemed, either at or before
maturity, shall be cancelled upon the payment or redemption of each
Bond, and shall be delivered to the Fiscal Agent when such payment or
redemption is made. All Bonds cancelled under any of the provie ions of
this Indenture shall be destroyed by the Piscal Agent and the Fiscal
Agent shall execute a certificate describing the Bonds so destroyed antl
retain said executed certificate in ire permanent files for the issue.
SECTION 16. Application of Bond Proceeds. The proceeds of the sale of the Bords
shall be received by the Fiscal Agent and deposited in accordance with
written instructions of the Issuer to be provided at the time of, or
prior to, the tlelivery of the Bonds.
SECTION 19. Creation o£ Panda. The Fiscal Agent is hereby authorized and directed
to establish the following Eunde for purposes of collecting reaeeesa-
ment inetailmenta, making payment for the hereinafter designated coats
and expenee9 and payment of principal and interest on the %onda. The
funds to be created are designer ed and subject to the terms ae follows:
EECRON FVND: Pureuent to the terms of an %ecrow Agreement dated ae of
, 1993, and entered into by and between the and
the Issuer, the proceeds Erom the sale of the Bonds shall be placed by
the Escrow Ayant in the escrow fund thereby created pureuent to Section
9615 of the California streets and Righwaye Coder ae amended, and the
monies in enid fund eha 11 be used only for the payment of the principal
of, and Lntareet and premium on, the City of Rancho Cucamonga Ae6eea-
ment District No. SS-PD Limited Obligation Improvement Bonds dated
and such other purposes ae are described in the Escrow
Agreement.
REDHHPTION PUND: The Fiscal Agent ie hereDy authorized and directed to
keep a Redempt i.on Fund designated by the name of the proceed inge, into
which shall be placed (i) the amount of the proceeds of the sonde which
represents accruetl interest, if any, on the Bond e, (ii) all same
received for T.ha collection of the reassesemente other than aeeeeementa
for adminietzat ive costa and the interest thereon, together with ell
penalties, if applicable, antl (iii) any surplus in the AdminLetrat ive
Expense Pund ae provided below.
The Issuer shall transfer or cause to be transferred all some received
for the collection of the reassessments, .t ntereet and pens It ise
thereon, and all soma received for the prepayment of reaeeeeemsnte to
the Fiecel Agent within tht-ty (30) business days of the receipt
thereof by the issuer.
Principal of and interest or. the Bonds shall be paid by the Fiscal
Agent to the rxgiatered owners out of the Redemption Fund to the extent
Eunde on deposit in said Redemption Fund are available thereEOY. In
all respects not recited herein, ea id Bonds shall be governed by the
provielone of the Act. Under no circumstances shall the sonde or.
interest thereon be paid out of any other fund except as providetl by
the Act,
B
The Fiscal Agent shall establ iah a prepayment subaccount within the
Redemption Fund to De known as the 2repaymant Account ("Prepayment
Account"). The Fiscal Agent shall deposit in the Prepayment Account
all monies received from the Treasurer of the Issuer (the "Treasurer")
repreeenttng the principal of and redemption premium on any prepaid
reaeeeesmenta. Such amounts shall be identified in writing to the
Fiscal Agent. Such monies shall be applied solely Go the payment of
principal of and premium on Bonds to be redeemed prior to maturity
pursuant to the prowieions of Section 9 of this Indenture.
REuERVE FUND: Pursuant to Section 9620 of the California Streets and
Highways Code there shall be created a special reserve Eu nd for the
Bo ode to be designated by the name of the Assessment Diatr ict and
specified as the "Reserve Fund^. An amount equal to the Reserve
Requirement (as hereinafter defined) shall be deposited in the Reserve
Fund out of the original Bond proceetle.
Monies in the Reserve Fund eh all be applied by the Fiscal Agent ae
follows:
Whenever there are ineuff is tent funds in the Redemption Fund to pay
the next maturing installment of principal of or interest on the
Gonda on the Dueineee day preceding such date of payment, the
Fiscal Agent shall transfer the amount neCeeeaty to make up such
deficiency Erom the Reserve Fund to the Redemption Fund. The
amounts eo advanced shall be reimbursed upon receipt thereof by the
Issuer and transfer thereof to the Fiscal Agent for deposit into
the Reserve Fund from the proceeds of redemption or Bale of the
parcels for which payment of delinquent inetallmenta of reaeseee-
mente and interest thereon Dave been made from the Reae rve Fund.
Such proceeds shall be transferred by the Treasurer to the Fiscal
Agent within ten (1G) Dueineee days of receipt thereof by the
Treasurer and the Fiscal Agent shall immedrately deposit such
proceeds in the Reserve Fund.
In the event an unpaid reaseaasmant la paid in cash in advance of
the final Bond maturity tlate, the Sasuer shall credit each prepaid
reaeaeeement with a pzoport lonate share of the Reeerva Fund, thus
reduc Lnq the total amount of the Aeaerve Fund. The amount to be eo
credited le the pro-rata share of the original amount deposited in
the Reserve Pund, lees any amount previously transferred from the
Reserve Fund ro the Redemption Fund ae a result of the delinquency
in Che payment of reaeaeeement inetallmenta for the parcel for
which the reaeaeeement is being prepaid. The Issuer eha 11 direct
the Fiscal Agent in writing to transfer the amount representing
such credit from the Reaer•~e Fund to the Redemption Fund.
Inters et earned on permitted inveetmente of Aeeerve eu nd monies
a hall remain in the Reserve Fund eo that the amount therein may
accumulate to and subsequently 6e maintained at the "ke aer ve
Requirement." "Reserve Requirement" means an amount computed by
the Issuer equal to the Lesser of (L) the Maximum Annual Cebt
Service on the Bonds, (Si) 1258 of the Average pnm~al Debt Service
on the Bonde, cr (iii) 58 of the principal amounC of the Honda
outstanding. ^Annual Debt Service" on the Bonds for each year
ending September 2 shall equal the sum of (a) the interest falling
due on the outetandinq Bonds in each 12-month period, aaeum ing that
the outstanding Bonds are retired ere scheduled, and (b) the
principal amount of the outetandinq Bonds falling due tluring such
12-month period. ^AVerage Annual Debt Service" shall mean the
average annual debt service during Che term of the Bonder. ^Hax imam
Annual Debt Service" shall mean, ere computed from time to time, the
lnrgeet annual debt service during the period from the tlate of such
computation through the final maturity of any outetandinq Honda.
Prior to each intereee payment date, any interest earned on the
investment of monies on deposit in the Reserve Fund which would
cause the amount therein to exceed the Reserve Requirement shall be
transferred by the Fiscal Agent to the Redemption Fund and shell be
credited by the Issuer on its records towards unpaid reasseeemente
each year during wF.ich part of the Banda remain outstanding. The
auditor's record prepared pursuant to Section H682 of the Act shall
reflect credits against each of the unpaid reasaeeementa in the
manner provided in Bectlon 10427.1 therein in amounts equal to each
reaeeeeement parcels' proportionate share of any Reserve Pund
earnings eo credited.
All some remaining in the Reserve Fund in the year in which the
last installments of the reaeeeeemente become due and payable shall
be credited toward the reaesesemente ere follows:
Prior to June 30th of tha Fiscal Year next preceding the Fiscal
Year in which the last unpnid reassessment installment becomes due
and payable, the Issuer shall determine the amount remaining Ln the
Reserve Puntl, if any, after all some advnncetl and interest thereon
have been re imburaed, antl shall order the same to be dietribu tad,
credited or both pursuant to its written direction in the manner
set torth in Section 10427.1 of the Act, provided only that where
all or any part of such reneseeemente remain unpaid and are payable
instal lmente, the amount apportioned to each parcel shall be
credited against the last unpaid reaeeeeement inste llment, then
such excess shall be credited against the next to last unpaid
reaeeeeement installment.
Whenever the balance Ln the Reserve Fund is sufficient to rat ire all
remaining outetandinq Bonde, whether by retirement or of herwiee,
collection of the principal and interact on the reaseesamente shall be
discontinued and the Reserve Fund shall be liquidated by the Fiscal
Agent pursuant to the written direction of the Treasurer of the Issuer
and transferred tc the Redemption Fund to be vt ilized in the retirement
of the Bonde.
In the event that the balance in the Aeeerve Fund at the time of liqui-
dation exceeds the amount required to retire all outetend ing Bonde, the
excess shall be apport ionad to each parcel upon which the individual
reaeeeeement remained unpaid at the time the balance in the Reserve
Fund was euff is iant to retire ell out etentlinq Bonds. The payments
10
e hall be made in cash by the Issuer to the respective owners of the
parcels except that, if the excess .e not greater than one thousand
dollars ($1,000), the excess may be transferred to the general fund of
the Issuer.
REBATE FUND: The Piecal Agent shall establish and tran of er into a
Rebate Fund all amounts required by the Treasurer to be transferred in
acordance with the provisions of the Arbitrage Rebate Instructions
attachetl hereto as Exhibit "B" and incorporated herein by this refe-
rence. Subject to the provisions of said Arbitrage Rebate Inatruc-
tions, amounts on deposit in the Rebate Fund shall be paid only to the
United States of America in accordance with written instructions of the
Treasurer of the Issuer. Notwithstanding any other provisions of this
Indenture, all earnings on amounts on deposit in the Rebate Fund shall
remain therein until all amounts payable to the United Staten of
America have been paid.
ADMINISTRATIVE E%PENSE FUND: The Fiscal Agent shall establish and
transfer into an Adm in iatrative Expense Fund dll amounts designated by
the Treasurer of the Issuer in writing. The Fi ecal Agent shall pay
from the Administrative Expense Fund any Adminietrat ive Expenses (as
herein defined) of the Assessment District upon the written direction
of the Issuer. "Adminletratlve Expenses" means any costs described in
items (1) through (5) of paragraph (a) of Section 9600 of the Streets
and Highways Code, all of which are hereby designated costa of issuing
the Benda. on or before August 15, 1993, the Fiacel Agent shall
transfer any unexpended funds in the Adm in letrat ive Expense Puntl to the
Redemption Fund.
SECTION 20. Investments. Obligations purchased ae investments of monies in any of
the funds and accov nts in which investments are authorized shall be
deemed at all times to be part of such fundv and accounts. Except for
the Escrow Puntl and ae provided in section 19 hereof with respect to
the Reserve Fund and the Rsbate Fund, all invevtment earnings on monies
held under this Indenture shall be depoa Ltetl in the Redemption Fund.
Subject to the restrictions set forth herein, monies in eeid funds and
accounts may from time to time be invested by the Flecal Agent at the
written direction of the Treaeu rer of the Issuer, or Lf no such written
direction ie given, in Authorized Inveetmente (ae defined hereinafter)
described in (7) below, provided Ghat monies shall be Lnveated only in
obliget Lone which will by their terms mature on each dates eo ae to
ensure the payment o£ principal n£ and Lntereet on Ghe Bonds ae the
same become due.
The Flecal Agent she 11 sell at the best price reasonably obtainable or
present for redempt .:i any obligations ao purchased whenever it may be
necessary to do eo in order to provide monies to meet any payment or
tc anefet far each footle and accounts or from such funds and accounts.
Fcr the purpose of determining at any given time the balance in any
such funds or accounts, any such investments tenet itut ing a part of
such funds and accounts vha11 be valued at their market ve lue. Notwith-
standing anything herein to the contrary, the Fiscal Agent vhall not be
revponeible for any loss from any inveetmsnt• purau ant to this Inden-
ture, except for ire own nvg llgence or willful misconduct. Tha Fiacel
11
Agent may act ae principal or agent in the acquisition or dispoe it ion
of inve stment a. Fiscal Agent may commingle the funds and accounts
e etaDliehed hereunder for investment purposes, but shall nonetheleea
account for each separately.
"Authorized Investments" means any of the following to the extent each
securities are eligible fcr the legal investment of footle of the
D ietrict:
(1) united Staten Treaeu ry notes, bonds, bills or certificates of
indebtedne as, or tho ee for which the faith and credit of the
united States ie pledged for the payment of principal and
Lntereet;
(2) Time cent if icatea of deposit or negot i:.ble cart if icatee of deposit
issued by a et ate or nationally chartered bank or trust company,
including the Fiscal Agent, or a state o: federal savings and loan
aeeociation; provided, that such certificates of tlepoeit shall be
(i) continuously and fully insured Dy the Federal Depoa it Insu-
rance Corporation, or (ii) issued by any bank or trust company
organized under the laws of any state of the Untied States of
America or any national Nanking aeeociation (including the Fiscal
Agent) having a rating of its long-term unsecured obligat Lone in
either of the two highest (excluding any modifier) categories by
Standartl 6 Poo r'e Corporation ("SfiP^) and Moody's Inv88toYe
Service ("MOOdy'e^);
(3) Bills of exchange or time drafts drawn on and accepted 6y a commer-
cial bank (inc Su tli ng the Piecat Agent), otherwise known ae
bankers' acceptances, which era eligible for purchase by members
of the Federal keeer ve System; provided each bank le rated in one
of the top three rat log categorise by Moody'e or 56 P, oz each bank
shall b¢ th¢ lead bank of a bank holding company whose unsecure0
obligations are rated in one of the top three rating categories of
MOOdy'e or S6P;
(4) Cammerc ial paper of "prime" quality of the highee[ ranking or of
the highest letter and numsrical rating ae providatl by either
Moody'e or S6P, which commercial paper ie limited to issuing
corporations that are organized entl operat log within the Vnlted
stntee of Amecica entl Lhat have an "A" or higher ratLng Eor the
issuer's debentures, other than commercial paper, as provided by
either Moody'a or S6 P;
(5) Obligations issued by the Government National Mortgage Associa-
tion, the Federal farm Credit System, the Federal Nome Loan Bank
Syet em, the Federal National Mortgage Aeaociat ion, the Student
Loan Marketing Association, the Federal Home Loen Mortgage
Company, Export-Import Bank of the United States, Federal Financ-
ing Bank, Farmers Hame Administration end the Federal Housing
Administration;
12
(6) Bonds, notes, warrants or other evidence of indebtetlne ee of the
State of California or of any political subdiv ieion or public
agency thereof which are rated in ono of the two highest ahort-
term or long-term rating categories by either Moody's or SG P:
(7) Unite of a taxable government money market portfolio rastr icted to
obligations issued or guar antaed as to payment of principal and
rote rest by the Ev 11 faith and credit of the llnited St area of
America or repvrchaae agreements collateralized by such
obligations;
(8) The Local Agency Investment Fund eetabliahed purauent tc Section
16429.1 of the Government code of the State of California;
(9) Repurchase agreements with a registered broker/dealer subject to
the Secur Sties Investors' Protection Corporation Liquidation in
the event of insolvency, or any commercial bank providetl that (i)
the unsecured obligations of such bank shall be rated in one of
the top three rating categories by Moody's and S6P, or each bank
shall be the lead bank of a banking holding company whose
unsecured obligat ions are rated in one of the top three rating
categories by Hcody'e and SGP; (11) the collateral shall coneiet
of federal eecurit ice or obligations described in item (I) of this
section having a fair market value at least equal to the amount
invested in the repurchase agreement; (iii) failure to maintain
the collateral level set forth in (ii) shall require the trustee
to liquidate the collateral Lnmiediately; (iv) the entity holding
each eecurit ice ae described in clause (ii) shall have poaeese ion
thereof; one (v) the repurchase eecurit iae shall be free antl clear
of any third party Lien or claim;
(10) any investment agreement with any rove ntme nt agreement provider
that ie rated in ono of the top two long-term rating cetegoriee by
Moody'e or of not so rated in the two top rating cetegoriee, such
agreement is collateralized ae a repurchase agreement ae provided
in cleuae (9); and
(11) Shares of a diversified open-end management investment company (ae
tlefined in the Investment Company Act of 1940) or ehnree in a
regulated inveetm.+nt company (as defined in Section 861(a) of the
Internal Revenue Code of 1986, ae amended) that la a money market
Eu nd that hoe been rated AAAm-G, AAAm or AAm by SaP.
SECTION 21. No Issuer Liability. It ie hereby further determined and declared Ghat
the Issuer will not obligate itself to advance any available funds frort
its Treasury to curs any deficiency or delinquency which may occur in
the Redemption Fund by failure of property owners to pay annual epeclal
aeeeeemente. This determination ehali be clearly set forth end elated
in the title of the Bonda to be issued pursuant to these proceed Inge ae
authorized end raga fired by Section 8769 of the Streets antl Highways
Cod® of the State of California.
13
SECTION 22. Covenant for Superior Court Foreclc sure. The Issuer covenants that it
will detetm ins or cause to be determined, no later than February 15 and
June 15 of each year in which the Honda are outstanding, whether or not
any owners of the real property within the District are delinquent in
the payment of ceaeeesement Lnet allments. If each delinquencies exist,
the Sasusr shall order and cause to be conv;fenced an action in the
Superior Court to foreclose the lien of any aaeeeament or installment
thereof not paid when due, no later then April 1, with respect to the
February 15 determiner on date and no later than August 1, with respect
to the June 15 determination date. The Issuer further covenants to
diligently prosecute such action, provided, however, that the Ieauer
shall not be raga fired to order the commencement of foreclosure proceed-
ings if (i) the total delinquency in the District for each fiscal year
is lees than five percent (59) of the total reassessment installments
levied in that fiscal year, or (ii) the Rees rve Fund remains at the
Reserve Requiremenr.
SECTION 23. Covenant to Raintain Tax-Exempt Statue. Tha Issuer covenants that it
will not make any use of the proceeds of the Bonds ieeued hereunder
which would cause the Bonds to become "arbitrage bond e" subject to
Federal income taxation pursuant to the grouts Lone of Section 148(a) of
the Internal Revenue Code of 1986, ae amended (the "Code"), or to
become "Federally-guaranteed obliget Lons^ pursuant to the provisions of
5e ction 169(b) of the Coda, or to become "private activity bonds"
pursuant to the provisions of Section 341(x) of the Coda. To that end,
the Issuer will comply with all appllcable raga iremente of the Code and
all regular iona of the United States Department of Treasury Leeued
thereunder to the extent such requirements era, at the time, applicable
and in effect. Atlditionally, [he Issuer agr¢as to implement and follow
each and every recommendation provided by bond counsel and deemed to be
necessary to be undertaken by the Zesuer to ensure compliance wlth all
applicable provisions of the Cade in order to preserve the ezclueion of
interest on the Eonde from gross income for Federal income tax
purposes.
3ECT ION 24. Covenant Regarding Arbitrage. The Issuer shall not take or permit nor
suffer to be taken any action with respect to the groee proceeds of the
Eonde ae such Germ fie defined under the Coda which, if earn action had
bean reaeonnbly expected to have been taken, or had been deliberately
and intentionally taken, on the date of issuance of the Eonde, would
have caused the Eonde to be "arb itrage bonds" within the meaning of
Section 148 of the Code and the raga lnt iona promulgated thereunder.
SECTION 25. Order to Print and A.uthe nt irate Eonde. Tha Treasurer fie hereby
instructed to cause eontls, in farm substantially similar to Exhibit "C^
attached hereto, Co he printed, and to proceed to cause said Bonds to
be authenticatetl and delivered to an authorized representative of the
pu rchaeer, upon payment of the purchase price as set Eorth in the
accepted proposal for the Bale of Bond e.
14
SECTION 26. Arbitrage Certificate. On the basis of the facts, est imatea and circum-
e[ancee now in existence and in existence on the date of issue of the
sonde, as determined by the Treasurer, said Treasurer is hereby autho-
rized to certify that it is not expected that the proceeds of the issue
will be used in a manner that woo ltl cause ouch obligations to be
arbitrage Bonds.
SECTION 27. Fiscal Aoent. The issuer hereby appoints
and hereby accepts appointment ae
Fiscal Agent for the Bonds. The Fiscal Agent. is hereby authorised t0
and shall mail or wire transfer interest payments to the Bondowne re,
select Bootle for redemption, give notice of redemption of Bonds.
maintain the Bord register and maintain and administer the Redemption
Fund, the Aeeerve Fund, the Rebate Fund and the Administrative Expense
Fund. The Fiscal Agent is hereby authorized to pay the pr Lnc ipal of
and premium, if any, on the Bonds when the same are duly preeented to
it for payment at maturity or on call and redemption, to provide for
the registration of transfer and exchange of Bonder preeented to it for
such purposes, eo provide for the cancellation of Bond e, all ere
provided in this Indenture, and to provide for the authentication of
Bonds, and eh all perform all other duties assigned to or imposed on it
ere provided in this Indenture. The Fiscal Agent shell keep accurate
records of all funds administered by it and all sonde paid and
discharged Dy it. The Fiscal Agent initially appointed, and any
su cceseor thereto, may be removed by the Iaeuer and a eucceaeor or
succeeeore may be appointed. So long ere any Bonds are outatanding and
unpaid the Eiecal Agent and any successor or successors thereto
designated by the iesuar shall coot loos to be Fiscal Agent of the
Iaeuer far ell of said purposes until the deaigna[ion of a eucceesnc nr
eucceesore ere Fiscal Agent. The Iaeuer shall compensate the Ftecal
Agent at ire normal fee and cha: gee for the performance of ire services
hereunder.
The Fiscal Agent may rely and shall be protected in acting or refrain-
ing from acting upon any notice, reeolut ion, request, consent, order,
certificate, report, warren[, eontl or other paper or document believed
by it to be genuine and to have been etgned or preeented by the proper
patty or proper part tea. The Fiscal Agent may coneu It with coo neel,
who may be counsel to the Ie suer, with regard to legal questions, anC
the opinion of such counsel shall be full and complete auihorizat ion
and protection in respect of any action [When or suffered by It here-
under in good faith and in accordance therewith.
whenever in the administration of ire duties under this Indenture, the
Fiscal Agent shall deem it necessary or desirable that a matter be
proved or established prior to taking or eu tferiny any action here-
under, such matter (unless other evidence in ceepect thereof be herein
epecif irally prescribed) may, in the abeerce of negligence or willful
misconduct on the part of, the. Fiscal Agent, be deemed to be conclu-
sively proved and eatabl iehed by a pert if state of the Iaeuer, and each
text if Lcate eha 11 De full warrant to the Fiecel Agent for any action
taken ox suffered under the provle tone of this indenture or any
supplemental Indenture •,ipon the faith thereof, but in ire diacret ion
the Fiecel Agent may, in lieu thereof, accept other evidence of each
matter oc may r~yy-u ire ouch additional evidence of such matter or may
require each additional evidence ne to it may seem reasonable.
15
The Ieeuer shall pay to the Fiscal Agent from time to time reasonable
compeneat ion for all services rendered ae Fiscal Agent under this Inden-
ture, and also all reasonable ex~nees, charges, counsel tees and other
diebursemente, including those of its attorneys, agents and employees,
incurred in and about the performance of its powers and duties under
this Indenture, and the Fiscal Agent shall have a lien therefor on any
funds at any time held by it under this Indenture. The Ieeuer further
agrees, to the extent permitted by applicable law, to indemnify and
save the Piac al Agent, its officers, employees, directors antl agents
harmless against any lrabilit ies which it may incur in the exercise and
performance of its powers and dot lee hereunder which are not due to its
negligenc¢ or Willful miaccnduct.
The obligation of the Issuer under this Section shall survive resigna-
tion or removal of the Piecal Agent under this Indenture antl payment of
the Bonds and discharge of this Indenture.
A Fiscal Agent appoineed hereunder may ree ign at any time upon written
notice to the Issuer and after appointment of a successor, grovided the
successor ie either the Treasurer of the Issuer or is a bank or era et
company having combined caF ital (excluding borrowed capital) end
eu rp lus of et least $50,000,000 and ie subject to State or federal
supervision. Any company into which the Fiscal Agent may be merged or
converted ar with which it may be eoneolidatetl or any company rasa lting
from any merger, convera ion or consolldetlon to which it shall be a
party or any company to which she Fiscal Agent may sell or transfer all
of eubet antis lly all of its corporate trust bu eineee, provided such
company shall be eligible under this Section 27, shall succeed to the
rights and obiigat ions of each Fiscal Agent without the execution or
filing of any paper or further act.
.SECTION 28. Liab it itY of Fiscal Agent. The r¢cit ale of fact and all promisee,
covenants and agreements contained herein and in the Honda shall be
taken ae statements, pzomieen, covenants end agreements of the Ieeuer,
and the Flecal Agent assumes no reeponaibility for the correctness of
the same end makes no repreeentatione ee to the validity or sufficiency
of thte Indenture cr of the Bonds, and shall incur no reeponelbility Ln
respect thereof other than in connection with its duties or obiigat lone
herein, or In the Honda or in the certificate of authorization assigned
to oc imposed upon the Frecal Agent. No implied duties or obligations
shall be read into this Indenture against the ^iacal Agent. The Fiscal
Agent eha 11 6e under no roaponeibllity or duty with respect to the
issuance of the Bonds for value. The Fiscal Agent shall not be liable
in connection with the performance of its duties hereunder, except for
its awn negligence or willful misconduct. The Fiscal Agent shall be
protected in acting on any notice, resolution, request, consent,
certificate or other documen[ believed by it to be gene ins and to have
been signed or presented by the proper party.
The Fiscal Agent assumes no reeponeib ility or liability for any informa-
tion, statement or recital in any offering memorandum or other disclo-
sure material prepared or distributed with respect to the Sesuence of
the Bonds. The Fiscal Agent shall not be liable for any error of
16
judgment made in good faith by a reeponeib le officer of the Fiec al
Agent unless it shall be proved that the Fiscal Agent was negligent in
ascertaining the pertinent facts. No provision of this indenture eha 11
require the Fiscal Agent to expend or risk its own funds or otherwise
incur any financial liability in the performance of any of its dut iea
hereunder, or in the exercise of any of its rights or powers. All
indemnification and releases from liability granted herein to Lhe
Fiscal Agent eha11 extentl to the director a, off icera antl employees of
the Fiscal Agent.
SECTION 29. Purpose. Proceeds from the Bonds shall be used to fund the Escrow
Fund, Ae ee rve Fund and the Administrative Expense Fund as provided in
Section 19 of this Indenture.
SECTION 30. Provia ions Conet irate Contract. The provieione of this Indenture and
the Bonds shall covet itute a contract b¢tween the Ieauer and the
eondowneta and the provisions hereof and thereof shall be enforceable
by any Bondowner for the equal benefit and protection of all bondownere
aimilarily situated by mandamus, accounting, mandatory injunction ox
any other suit, action or proceeding at law or in equity Chet ie now or
may hereafter be authorised under the laws of the State of Cali Eornia
in any court of competent jar isdictlon. Said contract La made under
and is to be construed in accortlanCe with the laws of the State of
California.
After the ieeuance and delivery of the Bonda, th ie Indenture eha 11 not
be subject to striation, but shall be subject to modification to the
extent and in the manner providetl in this Indenture, but to no greater
extent and in other manner.
SECTION 31. Unclaimed Fu nde. Notwithstanding any provieione of this Indenture,
eubj act to applicable et ate escheat laws, any monies held by the Fiscal
Agent in truer for the payment of the principal oc premium, if any, or
interest on, any Bonda and remaining unclaime8 for one year after the
principal of all of the Bonda hoe become due and payable (whether at
maturity or upon call for redemption or by declaration ae provided in
this Indenture), it such monies were held at such date, or one year
after the date of dspoeit of such monist if depot ited after said date
when all of the Bonda became due and payable, eha 11 be repaid to the
Issuer free from the lien created by this Indenture, and all liability
of the Fiscal Agent with respect to such monies shall thereupon cease
and the bondownars shall, upon such payment, look only to the Issuer
Eor payment; provided, however, that before the repayment of such
monies to the Ieeuer ae aforesa ids the Fiscal Agent may (at the cost of
the Ieeuer) first publ ieh at least once in a not ions lly recogn tied
financial publ icatron published in New York, New Yotk, and Los Angeles,
California, a notice, in such farm as may be deemed appropriate by the
Fiscal Agent, with respect to the provisions relating to the repayment
to the Ie suer of the monies held for the payment thereof.
SECTION 32. Collect Lon of Aesecsmenta. The issuer shall comply with all rege.ire-
ments of the Act eo ae t¢ assure the timely collection of reeeeeeament
inetallmente, subject to Sect Lon 22 above.
17
SECTION 33. Modification oz Amendment to this Indenture.
This Indenture and the rights and obligations of the issuer and of
the owners of the Bonds may be modified oz amended at any time by a
supplemental indenture pursuant to the affirmative vote at a meet-
ing of the owners, or with the written consent without a meeting,
of the owners of at least sixty percent (608) in aggregate princi-
pal amount of the Bonds then out standing. No eu ch modification or
amendment shall (i) extend the maturity of any eontl or the time for
paying interest thereon, or otherwise alter or impair the obliga-
tion of the Issuer to pay the principal of, and the interest and
any premium on, any Bond, without the express consent of the owner
of such Bond, or (ii) permit the creation of any pledge of or lien
upon the aaeeanmants superior to or on a parity with the pledge and
lien created for the benefit of the Bonds, (iii) reduce the percent-
age of Bonds required for the amendment hereof, or (iv) reduce the
principal amount of or redemption premium on any Bond or reduce the
interest rate thereon. Any such amendment may not modify any of
the rights or abligatione of the Fiscal Agent without Lte written
consent. The Fiscal Agent may obtain an opinion of counsel that
any such supplemental indenture entered Snto by the Issuer and the
Fiscal Agent complies with the proviaione of th ie Section 34 and
the Piecal Agent may ccnclue ively rely on each opinion.
This Indenture erd the rights and obligations of the Ieeuer and the
owners may also be modified or amended at any time by a supple-
mental indenture, without the consent of any owner e, only to the
extent permitted by law and only for any one or more of the follow-
ing purposes:
(1) to add to the covenants and egreemente of the Ieeuer contained
in this Indenture, other covenants and agreements thereafter
to be observed, oz to limit or surrentler any eight or power
herein reserved to or conferred upon the Ieeuer;
(2) to make modifications not adversely affecting any outstanding
aeries of sonde in any material respect;
(3) to make each proviaione for Ghe purpose of curing any ambi-
guity, or of curing, correct log or supplement ln9 any defective
provie ions of this Indenture, or in regard to questions
aria Lng under this Indenture, ae the Ieeuer and the Piecal
Agent may deem neceeeary or desirable and not incone ietent
with this Indenture, and which shall not meter lolly etlvarsely
affect Hie rights of the owners; or
(4) to make such additions, deletions or mcdiEicatione ae may be
neceeeary or desirable to assure compliance with Section 148
of the Cotle relating to required rebate of excess earnings to
the United States of America or otherwise ae may be neceeeary
tc assure exclue ion from gross income Eor federal income tax
purposes of inters ea on the Bonds or to conform with the
federal tax regulnt ions.
1S
SECTION 34. Notices to and Dem antla on Issuer and Fiscal Agent. Any notice or
demand which by any pr ov ieion of this Indenture is required or
permitted to be given or served by the Fiscal Agent to or on the Issuer
may be given or served by first class mail, postage prepaid, addressed
(until another address is tiled by the Issuer with the Fie cal Agent) as
follows:
City of Rancho Cucamonga
10500 Civic center Dr.
Rancho Cucamonga, CA 91729
Attn: Treasurer
Any notice or demand which by- any provisior. of this Zndentu re is
required of permitted tv be given or eervetl by the Issuer Co or on the
Fiscal Agent may be given or served by first class mail, poet age
prepaid, addressed (until another address ie filed by the Fiscal Agent
with the Issuer) as follows:
Attn: Corporate TYU et Ili vision
SECTION 35. Partial Invalidity. If any Section, paragraph, sentence, clauee or
phrase of this Indenture shall for any reason be held by a tour[ of
competent jurisdiction to be illegal or unenforceable, such holding
shell not affect the validity of the remaining portions of this
Indenture. The Issuer hereby declares that it would have executed and
delivered this Indenture and each and every other section, paragraph,
sentence, clauee or phrase thereof and authorized the issue of the
Bonds pursuant thereto irrespective of the fact that any one or more
sections, paragraphs, cl aueee or phrases of this Indenture may be held
illegal, invalid or unenforceable.
SBCTION 36. Rpplicebla Lew. This Indenture shall be governed by and enforced in
accordance with the Laws of the State of California applicable to
contracts mode and performed in the St eta of Cel ifarnia.
SECTION 37. Conflict with Act. Yn the event of a conflict between any provision of
this Inds nt ore with any provie ion of the Act ae in effect on the
closing date, the pr Dula ion of the Act shall prevail over the conflict-
ing provi aion of this Indenture.
SECTION 38. Conclusive Evitlence of Regu larit Y• Bonds issued pu rauant to this Inden-
ture shall constitute conclusive evidence of the regularity of all
proceed inye under the Act relative to their isau ante and the levy of
the reaeseeements.
SECTION 39. Payment on Business Day. In any case where t,ie date of the payment of
interest or of principal (and premium, if any) of the Bonds or the date
f Lxed for redemption ie other than a business day (i. e., any day other
then n Saturday or Sunday or any day the Fiscal Agent Se authorized or
obltgeted by law or executive order to be closed), the payment of
19
interest or principal (and premium, if any) need not be made on such
date Dut may be made on the next succeeding date which ie a business
day wish the same force and effect as if made on the date required, and
no interest shall accrue for the period after each date.
SECTION 40. Counterpart e. This Indenture may be executed in counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the pars ies hereto have executed this Bond Indenture effective
the data first written hereinabove,
CITY OF AANCNO CUCAMONGA
By:
TREASURER
as Fiscal Agent
By:
vice Prea iden[
By:
Aesiatent Vice President
20
BXAIBIT ^A'
MATURITY SCHEDDLE
YEAR PRZNCIPAL INTEREST RATE
1994 $
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
21
EXHIBIT ^B^
ARBITRAGE REBATE IFSTRUCTIONS
This document sate forth instructions regarding the investment and diaposit ion of
monies deposited in various funds and accounts established in connection with the
issuance by the City of Rancho Cucamonga ("Ia suer") of its Assessment District No.
BS-PD-R Limited obligation Refunding Bonds in the aggregate principal amount cf
5 ("Ronde").
The purpose of these instructions is to provide the Issuer with information
necessary to ensure that the irvestment of the monies in the Eu nds and accounts
described herein will comply with the arbitrage requirements imposed by the Internal
Revenue Code of 1986, es emended, and the reguLat tone issued thereunder.
DEFINITIONS
For purposes of these in et ruct ion e, the following terms shall have the meanings aei
forth belcw:
Bond Year. The term "Bond Year" means each 12 month period (or shorter period from
the date of issuance) that soda at the close of business on a data selected by the
Issuer that ie either a March 2 or .September 2.
Code. The term "COde^ means the Internal Revenue Code of 1986, ae amended.
Delivery Date. The term "Delivery Date" means , 1953.
Exceee Investment Earnings. The term "EZCeee Inve etment Eai ninge" meape an amount
equal to the sum of:
(1) The excess of
(a) The aggregate amount earned from the Delivery Date uE the Ronde on all
Nonpurpose Investments in which Gross Proceeds of the Bonds are Invested,
over
(b) The amount that would have been earned if Che Yield on such Nonpurpoee
Inve etmente had been equal to the Yield on the Ronde,
plus
12) Any income attributable to the excess described in paragraph (1 ).
In determi nano Excess Investment Earnings, (i) any gain or lose on the disposition
of a Nnnpurpoee Investment ehaii bs taken into :.c count and (iii any amount earned on
a bona tide debt aerv ice fund shell not be taken into account.
22
Groee Proceeds. The term "Gross Proceeda^ means the following
(1) Original proceed e, i.e., the amcunt received by the issuer ae a regu It of the
sale of the Bonde and any amounts actually or conat ructively received from
investing the amount received from the Bale of the Bonds;
(2) Amounts, other than original proceeds, in the Reserve Fund and in any other
fund eat abllehed as a reasonably required reserve or replacement fund;
(3) Amounts, other than ae specified above, that are reasonably expected to be cr
are used to pay debt service with respect to the Honda; and,
(6) Amounts received ae a result of investing amou eta de ec ribed above.
Investment Property. The term "Investment Property" means any aecurit y, obliq at io n,
annuity contract or investment Hype property in which Groee Proceeda are invested,
excluding, however, the following:
(a) United States Treasury - 5t ate and t.pcal Government Series, Demand Deposit
aecurit ire; and
(b) tax-exempt obligations.
For yurposee of these Instructions, the term "tax-exempt obligations" shall include
only obligations the interest on which is (i) excludable from groaa income for
federal income tax purposes antl (ii) not treated ae an item of tax preference under
Section 57(a)(B) of the Code. The term "tax-exempt obllgat ion" shall, however, also
include stock Ln a "qualified regulated investment company," which is a corporation
[het (i) ie a regulated investment company within the meaning of Section 081(a) of
the Code and meats the regu iremente of Section 852(a) pf the Code for the taxable
yenr; (iii hee only one claee of stock authorized and outstend Lnq; (iii) inveete e11
of Lte assets In tax-exempt oDligat ions (as defined above) to the extent practic-
able; and (iv) hee at least 98q of its groat income derived from interest on, or
gain from the Bale or other disposition of, tax-exempt obligations, or the weighted
average value of its aeeete ie represented by inveetmente in tax-exempt obligations.
No nnurppee Investment. The term "NOnpurpoee Investment" means any Investment
Property which Se acquired with the Groee Proceeda of the Bonde and is not sego iret
in order to carry out the governmental purpose of the Bonds.
Purchase Price. The term "Purchase Price," for the purpose of computation of the
Yield of the Bonds, hee the same meaning ae the term "ISeue Price" in Sections
1273(b7 and 1274 of the Cotle, and, in general, means the initial offering price to
the public (not including bond houses and brokers, or similar persona ec orgnnlza-
tions acting In the capacity of underwr it ere or who leealere) at which pr LCe a
aubetant:ai amount of each mater ity (at least 10 percent) of the Bonde was sold.
The term "Purchase Price," Eor the purpose of computation of Yield of Ncnpurpose
Inveetmsnts means the fair market value of the Nonpurpnse Investment on the date of
use of Groee Proceeda of the Bonds for sego ie it ion thereof, or if later, cn the date
that Investment Property conetitutino a Nonpurpoee Investment becom6a a Nonpurpose
Investment of the Bonds.
Regulations. The term "Regulations" means temporary and permanent Regulations
promulgated under Section 148 of the Code.
23
Yield. The term "Yield" means that discount rate which, when used in computing
the present value of all payments of Principal and interest (or other payments in
th¢ case of Nonpurpoee Investments which require payments in a form not
characterized ae principal and interest) on a Nonpurpoee investment or on the Bonds
produces an amount equal to the Purchase Price of such Nonpurpoee investment or the
Bond e, all computed ae prescribed in applicable Aegu lot ions. The Yield on
Nonpurpose Investments moat be computed by the use of the came frequency interval of
compounding interest as is used with respect to the Bonds.
REBATE AEOUI REMENT
Calculat ioa of Excess Investment Earn ings. No later that. the last tlay of the fifth
Bond Year, each euc reeding fifth Bond Year and or. the date the last Bond is
discharged, the Issuer shall calculate or cau ae to be calculated the Exceee Invest-
ment Ear r.inge pursuant to the code and P.egsslations. Th ie calculation shall ba made
or caused to be made by the Iaever in accordance with the following rules:
I1) For pu rpoeee or calculation of the Yield on any investment ae required under
these Inetructione, the purchase price of the investment will be the fair
market price of the investment or. an eetabliehed market. This means that the
Issuer (ot the Fiecel Agent acting at the tlirection of the Issuer) will not pay
a premium and will not accept a lower interest rate than is usually paid to
adjv st the Yield on an investment,
(2) Tha market price of cent if icatea of depoa it issued by a commercial bank may be
regarded ae being at a fair market price if they are determined by reference to
the bona fide bid price quoted by a dealer who maintains an active secondary
market in such certificates, or, if no secondary market exist e, by eat iafying
subparagraph (3) below relating to investment agreements.
(3) Investments pursuant to an investment agreement may be regarded ae beinq made
at a fair market price if (i~ at least three (3) bide are received on the
investment contract from persons without ar, interest in the Bootle; (ii) the
winning bidder provides a certificate that, based on its reasonable expecta-
tions on the date the investment agreement ie entered into, investments will
not be purchased or sold at a price other than their fair market value; (iii)
the Yield on the investment agreement is at least equal to the Yield offered
under the highest bid received from a non-interested party; and (iv) the Yield
on the Lnvestment agreemen+_ ie at least equal to the Yield offered on similar
contracts.
(4) For other investments traded on an eetabliehed market, the Eair market price
shall be the mean between the bid and offered prices for such obLigat ions on
the date of purchase or, if subaegvene thereto, the date the investment becomes
a Nonpurpose Investment.
(5~ Where amounts mu et be rs etrrcted to a certain Yie id and investments cannot be
pv rchaeed on an eetabliehed market or a bona fide fair market price cannot be
eat abliehed at a Yield that does not exceed the maximum permissible Yield, the
Iaever may acquire or hold tax-exempt eecurit iee, currency or united St atea
Treasury certificates of irdebtednsee, Notes and cart if icatea - State and Local
Government Series ("SLGe") that Yield no more then the maximum perm inaible
Yield. SLGe are available at the Federal Reserve Bank.
24
Payment to United Statee. The Issuer shall provide the Flecal Agent with written
instructions directing the Piecal Agent to pay from the Rebate Fund an amount equal
to Excess Investment Earnings (after application of any available credits) to the
United Statee of America in installments with the first payment to be made not later
than thirty (30) days after the end of the fifth Bond Year, and with subsequent
payments to be made not later than five (5) years after the preceding payment was
due. The Ieauer shall assure that each such installment ie in an amount equal to at
least ninety percent (900) of the Exceea Investment Earnings with respect to the
Banda ae of the close of the computation periotl. Not later than sixty (60) days
after the retirement of the Bonds, the Issuer shall provide the Fiscal Agent with
written instructions directing the Fiscal Agent to pay from the Rebate Fund to the
United Statee one Rv ntlretl percent (SOOT) of the theretofore unpaid Excess Investment
Earnings of the Bonds. In the event that there are any amounts remaining in the
Rebate Fund following the payment rewired by the preceding sentence, the Issuer
shall request in writing that the Fiscal Agent transfer such funds to the Issuer and
use such amount for any lawful purpose of the Issuer. The Issuer shall cause the
Fiscal Agent to remit payments to the Vnited States at the address prescribed by the
Regular ions as the same may be from time to time in effect with such reports antl
stetementa as may be prescribed by such Regu letiona. In the event that, for any
reason, amounts in the Rebate Fund era insufficient to make the payments to the
United Statee which are required hereunder, the Ieauer shall assure that such
payments are made to the United Statee on a timely basis from any funds lawfully
available therefor.
Further Obligation of Issuer. The Zaeuez shall assure that Excess Investment
Earnings are not paid or disbursed except ae pravttletl in these instructions. To
that end, the Ieauer shall assure that investment transactions are on an arms-length
basis. In the event that Nonpurpoae Investments consist of certificates of deposit
or investment contracts, Snveetment in such Nonpurpoee Investments shall be made in
accordance with the procedures described in applicable Regulations ae from time time
in affect.
MAINTENANCE OP RECORDS. Wiih respect to all Nonpurpoee Inveetmente acqu ized Ln a
fund oz account established end held by the 2eeuer or the Piecal Agent, the Ieauer
or the FLscni Agent shall record or cause to De recorded the following information:
(i) purchase date, (11) purchase price, (iii) information establishing that the
purchase price ie the fair market value ee of such date (e,°•, the published quoted
61d by a dealer Ln each an investment on the dote of purchase), (iv) any ecerued
interest paid, (v) face amount, (vi) coupon rate, (vii) periodicity of interest
payments, (vial) dispoeit ion price, (ix) any accrued interest received, and (x)
dlapoe it ion date. To the extent any Lnvestment becomes a Nonpucpose Investment by
becoming Grose Proceeds after it was originally purchased, it shall be treated ne if
it were acquired at rte Eair market value et the time it becomes a Nonpurpoee Invest-
ment. The Ieauer shall keep and retain for a period of six (5) years following the
retirement of the Bontle, recortle of all determinations made pursuant to these
Inett'uct ions.
25
ANENDHENT. In order to comply with the covenants in the Bond Indenture regarding
compliance with the requ irementa of the Code and the continued exclusion from gross
income for purposes of federal income taxation of interest paid on the Bonds, the
procedures described in these Znatructions may be modified as necessary, without the
consent of Bond owners, and based on the opinion o` nationally recognized bond
counsel acceptable to the Issuer, to comply with regulations, rul irge, lagislai ion
or judicial d¢ciaiona ae mey be applicable to the Bonds. Neither the Issuer nor any
of its member e, agents, offic era or employees shall be liable for any action taken
or for its failure to take any action in connection with these Instructions. The
Issuer may rely conclusively on the advice of its Bcnd Counsel with respect to the
requirements of these Instructions.
Z6
EBHIHIT 'C^
FORM Od BOND
V nited States of America
State of California
Number
CITY OF RANCHO CUCAMONCA
ASSES SMENT DISTRICT NO. 85-PD-A
(REFVNDING)
LIMITED OBLIGATION REFVNDING BOND
[i
INTEREST RATE: MATUA ITY DATE: BOND DATE: CUSIP
REGISTERED OWNER:
PRINCIPAL SUM
Under and 6y virtue of the "Refunding Act of 1984 for 1915 Improvement Act BOnde",
Division 11.5 of the streets and Bighwaye Code of the state of California (the
"Act"), the City of Rancho Cucamonga, California (the "Issuer") will, out of the
redemption fund for the payment of the refunding bonds issued upon the reaeseeemente
in Assessment District No. 85-PD-R (Refunding), for the purpose of providing the
means for refunding she principal of, and interest and redemption premiums on, the
City o£ Rancho Cucamonga Assessment District No. 85-PD Limited Obligation Improve-
ment Bonds ("Improvement Bonds"), ae more fully described in Reeolut ion of Intention
No. adoptetl by the City Council of the Ieeuer on the day of
1993, pay to the registered owner stated above, on the motor. ity date etatad above,
the principal sum stated above in lawful money of the United St at ee o£ America, with
interest thereon from the interest payment dots next preceding the date on which
this re to ndln9 bond ie euthent is sled and registered, unleee this refundLng bond ie
authenticated and registered ae of an interest payment date, Ln which case It shall
bear interest from said intaraet payment date, or unleee this refundLng bond ie
authenticated end registered prior to the first interest payment date, in which case
it shall bear interest from its date or unleee interes^_ ie in default on this bond
on aucti date, in which case it shall bear interest from the last dote Sntereet wee
paid in full or from its datetl date if no interest has been paid, unt 11 payment of
ouch principal sum hoe been die charged, at the rate of per annum stated above, all
ae ie hereinafter specified and at the office of the designated fiscal agent of the
Ieeuer.
Th ie refunding bond ie one of a series of, refundLng bonds of like date, tenor and
effect, but differing in amounts, int=rest rates and motor it iee, issued by the
Issuer under the Act for the purpose of providing means of refunding the Improvement
Bonds, is secured by the monies rn said redemption fund and by the unpaid reaeeeee-
mente made for refunding Improvement sonde, and, including principal and interest,
ie payable exclusively out Of the redemption fund. Further terms and cond it Lone of
27
the bands are provided for by a Bond Indenture by and between the Zssuez and the
fiscal agent dated ae of 1993 and this reference incorporates the Bond
Indenture herein and by acceptance hereof the owner of this bond assents to the
terms and conditions of the Bond Indenture.
The interest on this bond is payable semiannually on the second day cf March and
September in each year, conunencine September 2, 1993, to the registered owner hereof
by check mailed to the registered owner at the registered owners addreea as it
appears on the regietrat ion books of the Issuer kept by the fiscal agent, or at such
add reel as may have been filed with the fiscal agent o£ the Ieauer for that purpose,
ae of the Fifteenth day immediately preceding said interest payment date.
This refunding bond will continue to bear interest after maturity at the rate above
stated, provided, it ie presented at maturity and payment thereof ie refused upon
the sole ground that there are not avff icient monies in the redemption fend with
which to pay same. if this bond is not presented at maturity, interest hereon will
cease to run at maturity.
The refunding bonds are ieeuab le only as fully registered bonds in denominations of
$5,000.00 or any integral multiple thereof.
This refunding bond is tcaneferab le by the regiate red owner hereof in person or by
the registered owner's attorney duly authorized in writing at the office of the
fiscal agent of the Ieauer, subject to the payment of any tax or governmental
charges, if any, upon surrender and cancellation of this refunding bond. Upon such
transfer a new registered refunding bond or bonds of any authorized denomination or
denominations of the same maturity, for the same aggregate principal amount, will be
issued to the transferee in exchange t~~erefor.
This bond or any portion of it in the amount of $$,000 or any integral multiple
thereof, may be redeemed and paid in advance of maturity upon the second day of
Mazch or September in any year by giving at least 30 days' notice by registered or
certified mall, oc by personal service to the registered owner. hereof aG each
owner's addreea ae it appears on the regietrat ion books of the fiscal agent and by
paying principal and accrued interest together with a premium equal to:
3A if redeemed on or before September 2, 2003;
28 if redeemed on March 2, 2004 or September 2, 2004;
lA if redeemed on March 2, 2005 or September 2, 2005; antl
OA if redeemed on or after March 2, 2006.
This bond is subject to refunding pursuant to the Act.
THE ISSV^cR OETERMINEO AND DECLARED TFIAT THE ISSUER WILL NOT OBLIGATE ITSELF TO
ADVANCE AVAILABLE FUNDS FROM ITS TREASVRY TO CURE ANY DEFICIENCY WHICH MAY OCCUR IN
THE REDEMPTION FVND.
This refunding bond eh all not be en•_itl ad to any benefit under the Act oc the
proceedings oc become valid or obligatory for any purpose, until the Certificate of
Authentication and Regietzation hereon endorsed shall have been dated and signed by
the designated transfer agent, registrar and fiscal agent.
29
IN WITNESS WHEREOF, the Issuer has caused this refunding bond to be signed in
facsimile by the Treasurer of the City Of Rancho Cucamonga, California, and by the
City Clerk, and has caused its corporaCe seal to De reproduced in facsimile hereon,
as Of 1993.
CERTIPI GATE OF AUTHENTICATION
AND REGISTRATION
This Refunding Bond has been
authenticated and ieg tetered on
a5 Transfer Agent, Registrar
and Fiscai Agent
By:
Authorized Officer
CITY OF RANCHO CVCAMONGA, CALIFORNIA
TREASURHR
SEAL)
CITY
ASSIGNMENT
Por value received
assigns and transfers unto
the within-mentioned Refunding Bond and hereby irrevocably
hereby sells,
and appoints
attorney, to transfer the same on the books of the Fiscal Agent with full power of
eube[it cation in the premieee.
Bated:
S ignaCU re Guaranteed:
NOTE= Signatuto mu et be approved
by a quellf ietl entity.
NOTE: Tha algneture to this assignment moat
correspond wish the name ea written
on the face of the within Bond in
every pert icular, without enlargement
or any change whatsoever.
29
~L~ ~a 9
ESCROW AGREEMENT
This ESCROW AGREEMENT, dated as of , 1993 by and between the
City of Rancho Cucamonga, California (the "City"1, and a
banking association, as escrow agent (the "Escrow Agent"~,
WITNESSETH:
V~/HEREAS, the City of Rancho Cucamonga Assessment District No, 85-PD
Limited Obligation Improvement Bonds have been issued, are outstanding and are
being refunded (the "Refunded Bonds"1, which bonds are listed below and are further
described in Schedule "A" hereto:
Principal Principal
Original Title of Portion Amount
Issue Date Refunded Bonds 4utstandino Refunded
Assessment District
No. 85-PD-R
and
WHEREAS, the City Council of the City, by resolution adopted on March 17,
1993 (the "Refunding Bonds Resolution"1, and a Bond Indenture dated as of
1, 1993 (the "Indenture"~, between the City and as fiscal agent
under the Indenture, has authorized the issuance of S City of Rancho
Cucamonga Assessment District No. 85-PD-R Limited Obligation Refunding Bonds Ithe
"Refunting Bonds"l, the proceeds of which is to be used to refund the Refunded
Bonds; and
WHEREAS, the Refunding Bonds Resolution authorizes and directs the City to
enter into this irrevocable Escrow Indenture with the Escrow Agent with respect to
the safekeeping and handling of the moneys and securities to be held in trust for the
payment of the Refunded Bonds; and
WHEREAS, the Escrow Agent agrees to accept and administer in trust the
Escrow Fund created hereby;
n,i~se ~"nid m.n eroim
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
agreements hereinafter sat forth, it is hereby agreed as follows:
Section 1. On _ 1993, the City shall deposit, or cause to be
deposited, moneys in the amount of $ of which $ shall be
immediately utilized by the Escrow Agent to purchase the securities described in
Schedule "B" attached hereto (the "Securities"I , and S shall be held
uninvested as cash (the "Initial Cash") be held by the Escrow Agent in a special and
separate trust fund, hereby created and designated as the City of Rancho Cucamonga
Assessment District 85-PD-R Escrow Fund" (the "Escrow Fund"). As determined in
The Verification Report of ,certified public accountants, the
principal amount of the Securities, together with the scheduled interest thereon, the
Initial Cash Deposit and S in the Reserve Fund of the Refunded Bonds
are sufficient to assure that the funds available in the Escrow Fund will be sufficient
to pay promptly the principal of, and interest on the Refunded Bonds as the same
mature and become due prior to and on September 2, 1993, and to prepay the
remaining outstanding Refunded Bonds on September 2, 1993.
Section 2. The Escrow Agent shall, aT all times, hold the Securities in the
Escrow Fund for the account of the City and for the benefit of the registered owners
of the Refunded Bonds and shall maintain the Escrow Fund wholly segregated from
the other funds and securities on deposit with the Escrow Agent, shall never
commingle such Securities and other moneys with other funds of the Escrow Agent,
and shall never at any time use, loan or borrow the same in any way, so that
sufficient funds always will be available to pay the interest and the principal
requirements of the Refunded Bonds as stated in Section 1 above. The Escrow Agent
shall not permit the reinvestment of cash balances in the Escrow Fund or substitution
of other securities for the Securities, except that the Escrow Agent may perrnit the
City to reinvest in or substitute other non-callable direct obligations of the United
States of America or obligations unconditionally guaranteed by the United States of
America for the Securities if the City also provides the Escrow Agent, (i) a new
verification report by a firm of certified public accountants establishing that the
maturing principal amounts and scheduled interest on the Securities, as constituted
following such substitution or reinvestment together with any cash balance, then on
hand in the Escrow fund of the Escrow Fund, will be sufficient to permit the Escrow
Agent to pay promptly the principal of any interest on the Refunded Bonds, and (ii)
an opinion of bond counsel to the effect that such substitution shall not affect the tax-
ezempt status of interest on either the Refunded Bonds or the Refunding Bonds.
Section 3 The Escrow Agent acknowledges receipt of the Initial Cash Deposit,
the Securities described in Schedule "B" and the report of referred
to at Section 1 above, which states that the Cash Deposit, together with the
scheduled interest on and maturity values of the Securities, as such interest accrues
and becomes payable and such maturities occur, will be sufficient to pay the interest
moms mma r~.n 3rs,q~
and principal requirements of the Refunded Bonds as provided in Section i without
the necessity of sale or redemption thereof prior to maturity.
Section 4. Any moneys credited to the Escrow Fund which are not invested
in the Securities as provided herein shall beheld as a money market deposit and shall
be secured solely by obligations of the United States government or its agencies.
Section 5. The Escrow Agent shall make timely payments from the Escrow
Fund to as the Fiscal Agent and paying agent for the
Refunded Bonds, in the amounts and on the dates necessary to permit the payment
when due of the principal of, and interest on, the Refunded Bonds as the same
become due and payable on and prior to September 2, 1993, and to prepay the
remaining outstanding Refunded Bonds on September 2, 1993. The City hereby
irrevocably instructs the Escrow Agent to, and the Escrow Agent shall, as seon as
possible, cause notice of the advance refunding of the Refunded Bonds, in form as
shown in Exhibit "A" attached hereto, to be mailed, by first class mail, postage
prepaid, to the registered owners of the Refunded Bonds, at the address shown on
the bond register maintained by , as the Fiscal Agent
and paying agent for the Refunded Bonds. The City also hereby irrevocably instructs
the Escrow Agent to, and the Escrow Agent shall, not more than 60 nor less than 30
days prior to the date set for redemption of the Refunded Bonds, cause notice of the
redemption of the Refunded Bonds, in form as shown in Exhibit "B" attached hereto,
to be mailed, by first class mail, postage prepaid, to each registered owner of the
Refunded Bonds at the address shown on the bond register maintained by
as the Fiscal Agent and paying agent for the Refunded
Bonds.
Secti n If, at any time or times, there are insufficient funds on hand in the
Escrow Fund for the payment of the principal, premium, if any, and interest on the
Refunded Bonds as the same become due, or are called for redemption, or for the
payment of the fees and expenses of the Escrow Agent, the Escrow Agent shall
promptly notify the City of such deficiency by telephone and by registered mail,
postage prepaid,
Section 7 On or before October 1, 1993, the Escrow Agent shall submit to
the City and to _, the underwriter of the Refunding Bonds, a
report covering all moneys it has received and all payments it has made under the
provisions hereof during the period preceding September 2, 1993. Such report also
shall list all investments and moneys on deposit with the Escrow Agent as of the date
of the report.
Section 8. The Escrow Agent is entitled to fees for all services rendered and
reimbursement for all costs incurred in connection with any litigation involving the
Escrow Indenture. The Escrow Agent hereby waives and releases any claim which
ILURN ImWt IhA 31919]
it otherwise would have, as a lien or otherwise, against the Escrow Fund for any
payment of its fees and expenses and agrees to look only to the City's payment of its
fees and expenses for all services in connection with this Escrow Indenture.
Section 9 When all amounts payable on the Refunded Bonds have become due
and the Escrow Agent has on deposit all moneys necessary for the payment of such
amounts, and in any event on the business day succeeding the date the last of the
Refunded Bonds matures, the Escrow Agent shall transfer to the City all moneys and
investments credited to the Escrow Fund in excess of tha amounts payable on the
Refunded Bonds and this Agreement shall terminate.
Section 1 O The parties recognize that the registered owners of the Refunded
Bonds have a beneficial interest in [he moneys and investments held in trust
hereunder. It is therefore expressly recited, understood and agreed by the parties
hereto that this Escrow Indenture shall not be revoked and shall not 6e amended in
any manner which may adversely affect the rights herein sought to be protected until
the provisions of this Escrow Indenture have been fully carried out.
Section 21 The Escrow Agent shall have no obligation by virtue of this Escrow
Indenture, general trust law, or otherwise, to make any investment or reinvestment
of any moneys in escrow at any time except as expressly provided in this Escrow
Indenture or as hereafter directed by the City. The Escrow Agent shall be under no
obligation to inquire into or be otherwise responsible for the performance or
nonperformance by the City of any of its obligations or to protect any of the rights of
the City under any of the proceedings with respect to the Refunded Bonds or the
Refunding Bonds, nor shall it be responsible in any manner for the recitals or
statements contained herein. The Escrow Agent shall not be liable for any act done
or step taken or omitted by it or for any mistake of fact or law of for anything which
it may do or refrain from doing except for its negligence or its default in the
performance of any obligation imposed upon it under the terms of this Escrow
Indenture. The Escrow Agent shall not be liable or responsible for any loss resulting
from any investment or reinvestment made pursuant to this Escrow Indenture in
compliance with the provisions hereof.
Section 12 The City and upon reasonable
prior notice shall during normal business hours have the right to audit the books,
records and accounts of the Escrow Agent insofar as they pertain to the trust created
hereunder.
Section 13 Neither this Escrow Indenture nor the trust created hereunder may
be assigned by the Escrow Agent without the prior written consent of the City, which
consent, however, shall not be unreasonably withheld. If the Escrow Agent is
required by law to divest itself of its interest in its trust department or if the Escrow
Agent sells or o[Yrerwise assigns all or substantially all of its trust business, then the
n.ue i~ mu,.i n,.n iro,vi
Trust shall be continued by the Escrow Agent's successor in interest without further
consent of the City being required.
Section 14. It any section, paragraph, subdivision, sentence, clause or phrase
hereof shall for any reason be held illegal or unenforceable, such decision shall not
affect the validity of the remaining portions hereof. The parties hereby declare that
they would have executed this Escrow Indenture and each and every other section,
paragraph, subdivision, sentence, clause and phrase hereof, irrespective of the fact
that any one or more sections, paragraphs, subdivisions, sentences, clause and
phrases hereof may be held to be illegal, invalid or unenforceable. If any provision
hereof contains any ambiguity which may be construed as either valid or invalid, the
valid construction shall be adopted. In construing this Escrow Indenture, it should be
noted that the parties intend that the Refunding Bonds and the Refunded Bonds are
to be obligations the interest on which is excludable from gross income under Section
103(al of the Internal Revenue Code of 1986, as amended, and the provisions hereof
should be construed to permit that result.
Section 15. This Escrow Indenture shall be governed exclusively by the
provisions hereof and by the applicable laws of the State of California. This Escrow
Indenture expresses the entire understanding and all agreements of the parties hereto
with each other with respect to the subject matter hereof and no party hereto has
made or shall be bound by any agreement or any representation to any other party
which is not expressly set forth in this Escrow Indenture.
~r i n 1 This Escrow Indenture may be executed in several counterparts,
each of which shall be an original, but all of which together shall constitute but one
instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Escrow Indenture
to be executed as of the day and year first above written.
City of Rancho Cucamonga
[Officer]
Escrow Agent
Authorized Signatory
O.IMN IniWl Dntt ID9~9.1
Schedule A
Refunded Bonds
PREPAYMENT SCHEDULE
SCHEDULED PREPAID
DATE PRINCIPAL PRINCIPAL INTEREST PREMIUM
Schedule B
ESCROW SECURITIES -- TrusT fund
PURCHASE PRINCIPAL PURCHASE INTEREST MATURITY
TYPE DATE AMOUNT PRICE RATE DATE
~!.u~!~ mn~a n~.n ~roroa
EXHIBIT C
NOTICE OF ADVANCE REFUNDING
[TO be provided]
EXHIBIT D
NOTICE OF REDEMPTION
[To be provided]
P.IMH Ina.] Ilnfl )N191
MlTF1CS: (Sr "R.~^ hatlal
m h oPiOion d Bald Camrl, ~r <xva:V :a+. rt3o44ow, wasp ad ry4cid da:iw, atl.wm'vB <mplirse wi1~ mom covmm4 drv2ed here:x h ueret
m h Baby excloded ran Sm..:.vnr for fedml :came 4x pmpara ad: uamq fran Cdilo.da pe,.nd:wR- ww, m h opmiw, d Bwd CwRI, wd cwl:
ne .specific Pefmam 'rem fm WT°Ya d h federal iRB«idrl w ca,PRak dbm+rvc mimawm erw, ddleeBh k b mckded'n djmbd cunem earrinlf i, cako:gV
capade aNRwure mv,bwm wNk hrense. Sa "iAB FX7MPT(ON" haen.
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CICY OF RANCHO CUCAMONGA
(San Bernardiero Countq, California)
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT N0.85-PD•R (REFUNDING)
U,ted: April 15, 199J
Doe: September 2 am Sh9nB
The Cry d RvxM Curanionp 4inibd Oblllrlm hnFe°`wnRnc Bwb, rsrtamn D'vdct No. U-PD (Rered:V) (h'Bads~ rte ivoae po,wad b tlv psmidom d
h R<fusd:~p M d 1954 M 1915 6asnRaad M Bao3 (Div:kn I IJ d h Saz4 rd Wfllmry. Gdel b rtfivd d d h Cdy d Rrseho Cammnga l^R°sa~we
Bosh. Prk ad RmeYlm Impmvmwe D'sacs No. M-I'D, ddN Novemhv 19. 1983 (tlrt'Rkr BaMs'9. M dh inpmrawnb ai3iWly fiwsszd by h P4ar Bade weR
uMCnNm r pmidei by h ladcapsB ad LghmrB M d 19'/2 (Div:kn 10 d the Smx4 and HiSMnya Codel N h bqw. mvR Rarq M d 1913 (Divman 10 d Ee
Sbeeb nd Hi~mrye Code).
The Bmb will be :rvd Y faM RS,brtd Bab n h de,wmiudon d 33.000 m ary mhlpal muhiple Ined, sawp fm ®BaN dw O 199J «1dr8 aM1NI mehde h
amm, M which h Taal ewe ex®M1 h mavnvn iitpN d SS,WO caedehm Macvl. 6maas : p.y.Me m Mad 2. 1991. sN rminraBy IeRdbr m Mad z .d
Segember 2 erh yev. PriRry.1 d vd PR+nia. J my, m h Bab dull b<pryabla r h psinrgN a^ePaeb 4a afrws d h 9nk d M,a,ka NdionJ TM M Sarrya
Aroairion n 9n P,meseo. CYBemia r Yowler /Vent Rep4r nd PayhV ABeat Ih "Ny:q Apra. hwewl m h Bab i paYehk Ey de<k m:kd b h rt6:aad
mmea rdwnm tle PeyhgApaaRpunm boat wdhBhewM1 dq ismrtdiwelr pseadai erA inanalppwer3kmDy,rhe hnaM,NRBaeeadawri~peimb
h else d brYlcr m h Fshsrh der pRwdmterh mkRe Pri^medan by • mµ„eRd oorw df1,Om,000 wmaR n 4RMb Fe:aded name d h Ba„d<
llrt Bab R eabjwl to rtdenyeon m rd Mach 3 m Sepklder Ppeier eo nuar:Y r dwviAd liven Sw "TIR BONDS" hmu.
UN h povriwa d h inn Bad M d 1913, vrdhmw d p,:sipal rd i1,eRN wTRiM a eneN mwN dcN.Tlw fia h Ba,b w iekdd m h
a3alr camry 4x MI: rw n ewmn d popsy Mai^'s whkh hR w anpdd wnwsm. ihm amuY iwWhrrm w b be pd1 ab h ffedwpfan Frd b be heW by h
Cttr TRwum ad sE n pr debt aeevkr m h Bwb w:becanlr dm. Sa "TpB BONDB ~ Ssemltr M W BIOIr'.
To FRVIde M,M k. pymed d k Bab rd h weRn da,em e . awN d ary delhgeed Ante iwWhr,nw, h CNr d RvsM C.e.mmd. Ili "City} wiB
w4M:M1 a R«rve FoM rd depwn Jwen Bond P^•~ b m anoaw egoY n Ile Rv<r.e Regrimww. See "lEE BONBB - Bw.hWmwf N 9prdN FLedr' ad
:SECURITY FOR THE BONDS -Reer•e Fred". ile CRYi oMiBadm n dram fwd m tle RadengBm F.ndn h cued ddelisgwd inrNhsa,N daR mh exwed h
bdnsm w h Reame Fmd. Odd"riwully, h C,ry ti comsuld b iniuab jvicid foeckame :s h erep d . delvqueaey r devBed iSider "96CURITY FOR THH
BONDS^ hcRin.
NNIMr be n11h aN <reNf aor,M 4Nar pwv N IM CIry.IM Carry d Sav BvweJw. sM 91Ne N Catlferrb or ~ p9BtlrN whNr4lea Ihvad: pIMBN
n 16s p1wm1 d the Banda the hdmmafbr ea M1h m shk Ollkld SlNammt IodaBor hawvwtlar mMr IM hwdhq "BONDOY9NER8' m3E3^. rhadd M
read m 14 mWdr.
MAtTBpTY SCpRDIILE
M.nriry Maari,y
D+e Pshmeipl riecRSl Yieh4 Dar P.~aipel mleR,s Y:W
JSeoimbv 1 s Amsw1 Rt flE6 IS•onmhv I I Alm,ol $~ ~['
1994 2teM
1995 ]001
I Y9R 2W2
199'/ 2003
199fl 200{
1999 2003
The Br fs n nRead w1en, r ad if:ved ad awepbd M tlc ltndenvdkr mbjea b h ppoval d Brown. Direr ad FI<npchke, Sn Dk69, C.lifomia Bad GSmel,
II i. expcud Uv Jse Bab «ill he availobk fordcliv<ry on or.hai Apil _, 1991
Slone&You ngberg
Ihad~. Apil _, 1992
• Prrlimiwry, Subjrcf la change.
CITY OF RANCHO CUCAMONGA
(San Bernardino County, CalHomia)
MAYOR AND CITY COUNCIL
Dennis L. Stout, Mayor
Charles J. Buquet II, Mayor Pro Tcm
William Alexander, Councilperson
Diane Williams, Councilperson
Rex Gutierrez. Councilperson
CITY STAFF
Jack Lam. City Manager
Jerry Fulwood, Deputy City Manager
Duane Baker, Assistant to City Manager
Jim Hart, Administrative Services Direaor/['reasurer
Joe ONeil, Ciry Engiraxr
Jim Markman, Ciry Atmrney
Debbie Adams, City Clerk
ASSESSMENT ENGINEER
NBS/[gwry Incoryorazed
San Diego, California
BOND COUNSEL
Brown, Divan and Hentschke
San Diego, California
TRANSFER AGENT, REGISTRAR AND PAYING AGENT
Bank of America National Tnrst & Savings Association
San Francisco, California
FINANCIAL ADVISOR
Heldman, Rolapp & Associates
Irvine, California
TO WHOM IT MAY CONCERN:
The purpose of this Official Statement is to supply information to prospective purchasers of
$5,910,000' principal amount of City of Rancho Cucamonga, Limited Obligation Improvement
Bonds, Assessment District No. 85-PD (Refunding), (the "Bonds") issued by the City of Rancho
Cucamonga ("the City") pursuant to the Refunding Act of 1984 for 1915 Improvement Act
Bonds (the "Refunding Law").
The information set forth heroin has been furtrished by the City and by sources which are
belkved to be accurate and tellable bat is not guazanteed as to accuracy or compkteness. The
City considers this Official Statement to be final within the meaning of Rule 15c2-12 promulgated
under the Securitks Bxchange Act of 1932. Statements contained in this Official Statement
which involve estimates, forecasts, or other matters of ophrion, whether or not expressly so
described herein, are intended solely as such and are not to be constmed as tepresemations of
fact. Further, the uformation and expressions of opinion conained herein are subject to change
without notice and neither the delivery of this Official Statement nor atry sale made hereunder
wW, under any circumstances, create any implication that there has been no change in the affairs
of the City or arty oUrer parties described herein.
No dealer, broker, salesperson or other person has been authorized by the City to glut ary
information or to make arty rcprcaentazions other than those comairred in this OfFa:ial Statement,
and, if given or made, such other information or rcprcsrntations must na be relied upon as having
been authorized by the City. This l)ffcial Statement does not constitute an ofkr to sell or rho
solicitation of an offer to buy, nor will there be any sale af, the Bonds by atry person rtr any
jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale.
The summaries and references to the Act, the resolutions and to other statutes and documents
referred to herein do not purport to be corrtprchensive or definitive, and arc qualified hr then
entveties by reference to each such statute and document.
The Official Statement does not constitute a contract between any Botd Owner and the City
or the Underwriter.
~ Prdiminory. suhjecf to cMnge.
TABLE OF CONTENTS
SUMMARY S'fATEMENT ..................................................................................................... i
THE BONDS ............................................................................................ .............................. 1
Authority for Issuance ......................................................................... .............................. l
Description of the Bonds .................................................................... ............................. t
Optional Redemption of Bonds ............................................................ .............................. 1
Mandatary Sinking Fund Redemption .................................................. .............................. 2
Notice of Redemption .......................................................................... .............................. 2
Refunding Bonds ................................................................................. ..............................3
Exchange of Registered Bonds ............................................................ ..............................3
Negotiability, Registration and Transfer of Bonds ................................ .............................. 3
Mutilated, Desvoyed, Stolen or Lost Bonds ........................................ .............................. 3
Establishment of Special Funds ............................................................ ..............................4
Table l: Sources and Uses of Funds ........................... ........................ ..............................6
Disposition of Surplus from the Improvement Fund ............................. ..............................6
Tablc 2: Annual Debt Service ............................................................. ..............................7
SECURITY FOR THE BONDS .......................................................................... ...................8
General ........................................................................................................... ................... 8
Limited Obligation Upon Dclinquency ............................................................ ...................8
Reserve Fund ................................................................................................. ...................8
Covenant to Commence Superior Court Foreclosure ...................................... ...................9
Priority of Licn .............................................................................................. ...................9
Prior & Pazity Liens ........................................................................................ ...................9
Covenant to Maintain Tax Exempt Status ....................................................... ................. l0
Covenant Regarding Arbivage ........................................................................ ................. l0
BONDOWNERS' RISKS ..................................................................................... .....'.......... I I
General .......................................................................................................... ................. I1
Bankruptcy and Foreclosure ........................................................................... ................. 12
Availability of Funds to Pay Delinquent Assessment Installments ..................... ................. 11
LimiteA City Obligation Upon Delinquency ..................................................... ................. 13
Concentration of Ownership ........................................................................... ................. 13
Factors Which May Affect Lartd Development and Property Values ............... ................. 13
Future Lanrl Use Regulations and Growth Control Initiatives .......................... ................. 14
Ballot Initiatives ............................................................................................. ................. IS
Direct and Overlapping [ndebtedness .............................................................. ................. IS
Table 3: Drect and Overlapping Indebtedness Report .................... ~............... ................. 16
Bonds are Subordinate Lien Bonds ................................................................. ................. 16
LanA Values ................................................................................................... ................. 17
THE IMPROVEMENT PROIECT ............................................................ ........................... IS
General ................................................................................................. ........................... 18
Method and Formula of Assesstent Sptead ......................................... ........................... 19
Cos[ Estimates ...................................................................................... ........................... 20
Table 4: Cost Estimate Summary ......................................................... ........................... 20
THE ASSESSMENT DISTRICI ............................................................... ........................... 21
General ................................................................................................. ........................... 21
Zoning and Land Use ........................................................................... .................:......... 21
Env'voruncntal Review and Approval of Maps ....................................... ........................... 21
Availability of Public Utilities ................................................................ ........................... 22
Estimated Property Values ................................................................... ........................... 22
Property Tax Delinquencies .................................................................. .......................... 22
Table 5: Assessment and Valuation Data ............................................. .......................... 23
LEGAL OPINION ..................................................................................... ........................... ZS
TAX EXEMPTION ................................................................................... ........................... 25
NO LITIGATION ...................................................................................... ........................... 23
NO RATING .............................................................................................. .......................... 26
PROFESSIONAL FEES ............................................................................. .......................... 26
UNDERWRITING ..................................................................................... .......................... 26
MISCELLANEOUS ................................................................................... .......................... 26
Appendix A Assessment Diagram ........................................................ ........................ A-1
Appettdu B Supplemental Information About the City ........................ ........................ C-I
Appendu C Form of Bond Counsel Opinion ........................................ ........................ D-1
iN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT
OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE
OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN
THE OPEN MARKET. SUCH STABILIZING, B+ COMMENCED, MAY BE
DISCONTINUED AT ANY TIME. THE UNDBRWRTI'ER MAY OPFER AND SELL THE
BONDS TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS
AGENT AT PRICES LOWER THAN THE PUBLIC OFFERIlV6 PRICES STATED ON THE
COVER PAGE HEREOF AND SUCH PUBLIC OFFERINGr PRICES MAY BE CHANGED
FROM TIME TO TIME BY THE UNDERWRITER.
SUMMARX STATEMENT
THIS SUINMARY STATEMENT IS SUBJECT IN ALL RESPECTS TO THE MORE
COMPLETE INFORMATION IN THIS OFFICIAL STATEMENT, INCLUDING THE
COVER PAGE AND APPENDICES HERETO, AND THE OFFERING OF THE BONDS
TO POTENTL4L INVESTORS IS MADE ONLY BY MEANS OF THE ENTIRE
OFFICIAL STATEMENT.
Purpose -Proceeds fonn the Bonds will be used to refund all of the outstanding principal amount
of City of P,arx:ho Cucamonga Improvement bonds Pazks and Recreation Improvement District
No. 85-PD dated November 19, 1985 (the "Prior Bonds'1. The Prior Bonds will be called on Juty
2, 1993.
The City of Rancho Cucamonga Park and Recreation hnprovement District No. 85-PD (the
"Assessment District" or "District") was formed on ur order to firrarrce the
constmction of two public parks; Heritage Community Park arrd Red Hill Community Park within
the Assessment District (the "hnprovement Project"). On the City Council approved
a final engineers report which listed total assessments authorized and levied for the Assessment
District at 57.334,776. See "THE AIPROVEMENT PROJECT" herein.
Security for the Bonds -The Bonds are issued upon and secured by the unpaid reassessments,
together with interest thereon, on parcels within the Assessment District. All of the Bonds are
secured by the monies m the Redemption Fund aril the Reserve Fund created pursuant to the
reassessment proceedings and by the unpaid reassessments levied to provide for payment of the
bonds. Principal and interest on the Bonds are payable exclusively out of the Redemption Fund.
The unpaid reassessments represent feed Hens on the assessed parcels. They do not, however,
constitute a personal indebtedness of the owners of such parcels.
Pursuant to the Act, installments of principal and interest sufficient to meet annual debt
service on the Bonds will be billed by the County of San Hemardino (the "County") to owners of
parcels against which there are unpaid assessments. Upon receipt by the County and transferal to
the City, these assessment instalHnents are to be deposited into the Redemption Fund, which shall
be Ixld by the City Treasurer (the "Treasurer') to be used to pay Bond principal and interest as
they become due. The assessment installments billed against each parcel each year represent pro
rata shares oC the total principal and interest with respect to the Bnnds coming due that year,
bated nn the percentage which the unpaid assessment against that parcel bears to the total of
unpaid assessments in connection with the fmancing.
A Reserve Fund in an amount equal to the Reserve Reyuirement shall be established from
Bond proceeds. [The Reserve Requirement is defined ut the Indenture as the lesser of (i)
maximum annual debt service on the Bonds, (H) 1259e of the average annual debt service nn the
Bonds, or (iii) the lesser of 10%o of the aggregate principal amount of Honds outstanding, or 10%n
of the original principal amount of Bonds less any origins! issue discount or plus any original issue
premium.) The Reserve Fund will be a source of available funds to advance to the Redemption
QpO`~
a °iSQc`a~
n t
\a"` `°
ESaab\`s of ~\Nc °a aO <
ONES ~ e eaeoa° orCa6aQaaa etc
.,~titi$ a'd~S b~ Boas at ac'~stt e°as
Scc Qoo o C+d Ssn` a°a s°ssR`'CQE
. staiii~`O°~. ¢`ae G~~o°a 'TY`ca`a ~asas~'o~~~ya~ J~atobaa
n
a S` tb° N Ut`Q C.t'1~~b~.cpts of \SK' ~ Q
a ~4"°a _ „as `O ¢°~abaa ~ ab° aa+" a'.S~G$ooaN was
c~cot °i c aaJ~ba\~°~ ~ tP~iao icy its id\~hc Gtd ual yss~o J~ ns
pas~4pOa bUgaiao~* ~,aa t~,ceQ`aNa~'~ of a~~~ °~°~~os°N i9~y`~ ~~oJ~'y~SeSJi~Ga,` c
Q e~ e Gari S,oay o°~e 4' ~ sails ab ~a'S ~C°°n pct ~a °~ese mod, i~\ab aoO~ ~cR~a
'ih~.e~pts e ~ese'~c\oso e~Ju`a ysco e SoQen i;`~v4~~ ~6~? nas. ~ dtU ~cot~ ot'd\ ~t agaa~
~a~h Ja ~ io N Qto °s as ne ya ~~ ao ~ss4`e' aN ,rey of J' ssme
~l~~asf a~Gios`O~av°tO Got~`~ o.R4`9°pa~tc~~F°oac sta s\i~~~°~. Saatc of .
Qc~,N~aai `etati C°~eo ~~. Se \,a"~°p tt`~ °iiab mQ~t ~a ~ Qe° a Jie ova aie
JpOct OS ~ d°SOti s o~ of a ycNt ~t.r~ c.,~c~ Ra\ t~~otc ~\vo\'ay ab° o~ty' s c~' .
~O ~ioN tb° ~°a~V~ aot'~' o ~a lip°ac\`~e Q~t` \~~ ~to ttQ Cad ` of ~°$ ~~ BONQS
\Stlac< ao pct d oi~~at a ao QaCFtty oa on ~ sR`co~ of cif a,~°t ~ ,i~Q ~
so~``aSe°t ao ya aJ\~ sa°aGh9°~b J~,~s~ gip catO ticQ ~°°as Q~St oi$5 ~°
rJys ao t'F Q aa`a ~, a~a~ ~ Sat~~ a`a ~ aax SQ1ea6 iot a C~~ ~~,p°s,~iaac
~tc~°a~~~b o~gaos~ao as ooa i cteoi N~aty'aT`a^Sti 2F°~absrail etas. °t
asse~Ma°ocstty~ss Jt ara Sates+~tsao on °i N°Qoo e' . ago°a ~~A co ~a CA'~`~s '~°ti
hatQt ~ et the, y ~Uaa°~ aesc S`, it°Q°aec\°s N$as°n ~o of SC~ id ~. ~ys~a4~ 'Staa° o
Pet~aaot ~ c°°`Q\GE 000 aGp°d . ova y a~ oo° $sae~~ to ~ ~e$o a~ oft .~
CavioQoa a ~°~p~~ccS°~as sh~tff-~`*~matan°m ~a~Q~~°p ~~,~ays Go ~Vott~°~~r iooi
„StiG ar,`at~°Go 'Ci`OOo uQ\°thc ~bc~'"s iOt Nca~SaQocs ~`a~ of ~d°Jto~a °iG e4ato
' G°~o° ot6°~a W4t ~~~'~~so ytR `lea oao~tbo~ase dai?s~ha ~Qa i~Q~saat`°aS O'~~e
Fe°ah o~~y d~``r boo ~OliO s\pO `~ato4~ b°°~~ait~• 4 e4aa/\~8°aely $,iyoeas' S
a4`°° i\op . SPA„ ~w ao SOS ,,i1 ~a\aQQ~ acs ~aat`aa`~a 5 ~slttOtA7.' o~~ SA,i
aeNQ <ti otsO 9~ at° ~ ~~ °o o°as c~t~ i°a~ ~° G~
' Q`S oat ~~ aQ,~~ "C~~iea~, t~ my 4~s~aot $ p°g ~0 0~ eU° G a
tC'~`io ayan~Satt°~t~ob`4`gmcpaQoGo°'~.rt0'ay°i~Ven~oo
QaiOti Q,~c~\S°\~a~~P-`s~~ogR'~~ta a Quo JG~tasaat
xY °° cg°t ~Goc~tta °i Giv`\' ,yt JQ'd\ Js,~~S
., _ xu,~ ~. ' 4~ccR,~ a g \ga^.t~at~ Q~S „
~~°~ ~~~~~s gQ5
0 0~~~
Fund in the event of delinquent installments. See "THE BONDS -Establishment of Special Funds
- Reserve Fund".
The Ciry's obligation to advance funds w the Redemption Fund m the event of delinquent
installments shall not excced the balance in the Reserve Fund. The City has no obligation to
replenish the Reserve Fund except to the extent that delinquent reassessments are paid or
proceeds from foreclosure sales arc realized. Additionally, the City haz covenanted to institute
judicial foreclosure proceedings in the event of delinquency of instaWrrents of unpaid azsessments
under cettain conditions, as discussed in the section herein emitled "SECURI'[ Y FOR THE
BONDS -- Covenant to Commence Superior Coun Foreclosure". The City is not requited to bid
at the foreclosure sale.
Under the provisions of the Landscaping and Lighting Act of 1972, annual assessments
sufficient to meet annual debt service on the Bonds are to 6e included on the regular county tax
bills sent to owners of property against which there are assessments. These annual assessments
are to lx paid into a redemption fund (the "Redemption Fund"), which will be held by the City
Treasurer and wi6 be used to pay Bond principal and interest as they become due. The
assessments billed against each property each year mpmsent a pro rata share of the total principal
and interest coming due that year, basal on the percentage which the annual assessment against
that property bears to the total of annual assessments levied to repay the debt service.
Neither the faith and credit nor the taxarg power of the City, the County, the State of
California or any political subdivision thereof is pledged to the payment of the Bortds.
For amore complete description of the security for the Bonds see '"fHEBONDS",
"SECIIRff'Y FOR THE BONDS -- Reserve Fund", and "SECURITY FOR THE BONDS --
Covenant to Commence Superior Court Foreclosure'.
Form of Bonds -The Bonds shall be issued as fully registered Donds N denominations of $5,000
each or any integral multiple thereof, except for one Bond due in 1994 which shall include the
amount by which the total issue exceeds the maximum integral of $5,000 contained therein.
Redemption - Arry Bond may be called for redemption prior to maturity on any March 2 or
September 2. See "THE BONDS -- Optional Redemption of Bonds". The Bonds shall be subject
to refunding pursuant to Division 1 L5 of the Streets and Highways Code of the Stare of
California. Sce "THE BONDS -- Refunding Bonds".
Prior and Parity Liens -There are overlapping bonded special assessment and Mello-Roos liens
on the parcels in the District. Overlapping assessment urns, which have priority over the lien for
the Bends, include approximately $ outstartding aggregate prncipal amount of City of
Rancho Cucamonga Assessment District 84-2 Bands and $ outstanding aggregate
principal amount of Ciry of Rancho Cucamonga Assessment District 82-Ill Bonds. Overlapping
Mello-Roos liens, which are on a parity with the Bonds. include approxuately $
outstanding aggregate principal amoum of City of Rancho Cucamonga CFD 84-1 Bonds. See
"BONDOWNERS' RISKS -- Bonds are Subordinate Lien Bonds'.
u-
The Assessment District -Park and Recreation District No. 85-PD-R (Heritage and Red Full
Community Parks) (the "District") is comprised of [19,983] assessment parcels totaling [16,610]
acres encompassing approxunately 76% of the land vt the City. Ownership is highly diversified.
Approximately [48%] of the land vt the District is zoned for residmtinl uses, [27%] is zoned for
industrial uses, [4%] is zoned for commercial uses and approximately [21%] is zoned for
public/institutional uses or open space.
(17,004] parcels are improved with buildings; the remaining [2,9791 parcels are carrendy
unimproved.
71te rota) assessed valuation of the land vt the District is [606,373,273]; the total assessed
valuation of improvements in [51.360,395,974], for a total assessed valuation of
[51,966,769,247], which is 71.5 times the total outstanding assessment of [527,51(,570] (which
includes prior and parity lien bonds totaling [520,176,794]). A discussion of prior and parity lien
bonds is contained m the union herein entitled "the District", subsection "Priority of Lien".
For more information on the District, sa: dre section herein entitled "'Ihe District".
Bondowners' Risks - For a discussion of certain risks imotved fit the investtttent qualities of this
issue, see "BONDOWNERS' RISKS".
iii -
OFFICIAL STATEMENT
55,910,000'
CITY OF RANCHO CUCAMONGA
(San Bernardino County. California)
LIMTTED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT N0.85-FD (REF'IJNDiNC)
THE BONDS
A rthorilvt f~ o ~r !c<nance
The refwding proceedings for the Bonds are being conducted pursuant to the Refwding Act
of 1984 for 1915 Improvement Act Bonds {the "Act"). The Bonds, which represent the unpaid
reassessments levied against progeny in the Park and Recreation improvement District No. 85-
PD (the "Disvict" ), are issued pursuant to the provisions of Resolution No. adopted
by the City Cowcil of the City of Rancho Cucamonga on April 1993 (the
"Resolution") and provisions of the Act.
Proceeds from the Bonds will be used to refirnd all of the outstanding principal amount of Ciry
of Rancho Cucamonga hnprovement Bonds for Park and Recreation Improvement Disvict No.
85-PD dated November 19. 1985 (the "Prior Bonds"). The Prior Bonds will be called on Juty 2,
1993. The rcfwding is being undenaken by the City tv take advantage of the decline ~ interest
rate and obtain economic savings. Exclusive of issuance costs, and a deposit to the Reserve Fund,
proceeds from the Bonds will be used by the City to purchase securities backed by the full faith
and credit of the United States which at maturity, together with other fwds the City shall deposit
into escrow, shall tx sufficient to refund all of the Prior Bonds being redeemed on July 2, 1993.
DescrjpGon of the Bonds
The Bonds will include serial bonds only. The serial bonds will mature in various amounts on
each September 2 commencing September 2. 1994, and rnding September 2, 2005. Interest nn
the Bonds shall be payable commencbtg on March 2, 1994, and semiannually thereafter on March
2 wd September 2 of each year wtil maturity. The Bonds are issued as fully registered bonds ht
denominations of $5,000 or any integral multiple theraof, except for one Bond due in 1993 which
shall include the amount by which the total issue exceeds the mazantun integral of $5,000
contained therein. Principal of and premium, if any, on the Bonds shall be payable at the principal
corporate tmst office of the Bank of America National Trust and Savings Association, San
Francisco, Califomia, as Transfer Agent, Registrar and Paying Agent (the "Paying Agent"). The
~ Prrlimrrrun~. subjerr M change.
City, acting as fiscal ageni for the Bond issue, will establish and maintain the Escrow Fund,
Redemption Fund and Reserve Fund. See "ThIE BONDS -- Establishment of Special Funds".
Interest on the Bonds is payable by check or draft mailed to the registered owners as shown on
the Paying Agent's registration books as of the fifteenth day immediately preceding each interest
payment date, or by wire transfer, if requested in writing prior to the close of business on the
fifteenth day preceding each interest payment date by a registered owner of $ (,000,000 or more in
aggregate principal amount of the Bonds. Bonds shall mature on the dates and in the amounts as
shown on the cover page hereof.
Optional Redemotion of Bonds
Any Bored shall be subject to optional redemption and payment in advance of maturity, in
whole or in part, on the 2nd day of btarch or September in any year, from any source of funds, by
paying principal of and accrued interest on such redeemed amount to the redemption date, at the
following prices:
103% if redeemed on or before September 2, 1999
102% if redeemed on March 2 or September 2, 2000
I OI % if redeemed on March 2 or September 2, 2001
100% if redeemed on March 2, 2002 and thereafter.
If less than all outstanding Bonds are called for optional redemption, the City, not less than 45
days prior [o the redemption date shall select Bonds for redemption in such a way that the ratio of
outstanding Bonds to issued Bonds shall be approximarely the same in each annual maturity
insofar as possible. Within each annual maturity Bonds shall be selected for redemption by lot.
Development of parcels within the District, transfers of property ownership and certain other
circumstances could result in prepayment of assessments. Such prepayment, if in sufficient
amounts, would result in redemption of all or a portion of the Bonds prior to their stated
maturities. it is not possible to estimate the rate at which such redemptions, if any, may occur
Notice of Redemotion
Notice of redemption of Bonds shall be provided at least 30 days in advance of the
redemption date by registered or certified mail or by personal service to the respective registered
owners thereof at their addresses as they appear on the registration books of the Registrar,
Neither the failure of any registered owner to receive redemption notice nor any defect in such
notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds.
The Ciry shall provide ~nsuvctions to the Paying Agent to effect sinking fund redemptions at least
45 days prior to each redemption date.
Upon surrender of any Bond to he redeemed in part only, the Paying Agent shall authenticate
and deliver to the owner, as the expense of the City, a new Bond or Bonds of authorized
denominations equal in aggregate principal amount to the unredeemed portion of the Bond
surrendered, with the same interest rate and the same maturity date. Such partial redemption shall
be valid upon payma~e of the amount required to be paid to such owner, and fhe City and the
2-
Paying Agent shall be released and discharged thereupon from all liability to the extent of such
payment.
Refunding Borde
Pursuant to the Act, the Ciry may issue refunding bonds for the purpose of redeeming any or
all of the Bonds. Upon issuing refunding bonds, the City could require that the Bonds be
exchanged for refunding bonds on any basis which the City Council detemdnes is for the benefit
of the City, but only with the conunt of the Bondowners. As an alternative to exchanging the
refunding bonds for the Bonds, the Ciry could seB the refunding bonds and utilize the proceeds to
pay the principal of and interest and redemption prcnrium, if any on Bonds as they become due, or
advance the maturity of Bonds and pay the principal of and interest and redemption premium
thereon. A refunding of some, but not all, of the Bonds could result m a situation m which the
Bonds remaining outstanding are secured by unpaid assessments on the less valuable properties
within the Assessment District.
Exchange of Re talered Ban
Fully registered Bonds may be exchanged at the office of the Paying Agem in San Francisco,
California, for a like aggregate principal amoum of Bonds of the earns imerest rate and maturity,
subject to the payment of taxes and govemmemal chazges, if any, upon surrender and cancellation
of my Bond. Upon such transfer and exchange, a new registered Bond or Bonds of any
authorized denomination or rknominations of the same maturity for the same aggregate principal
amount will be issued to the transferee in exchange therefor.
Negot_ah'I~rty Re>Ltration a d Tra Rer of 8om~a
The transfer of any Bond rosy be registered only upon such books of registration upon
surrender thereof to the Paying Agent, together with an assignment duly executed by the owner or
his attorney or Icgal representative, msatisfactory form. Upon any such registration of transfer, a
new Bond or Bonds shall be authenticated and delivered yr exchange for such Bond, in the name
of the transferee, of any denomination or denominations authorized by the Indenture, and in an
aggregate principal amoum equal to the principal amoum of such Bond or Bonds so surrendered.
)n all cases in which Bonds shall be exchanged or transferred, the Paying Agent shall authenticate
at the earliest practical time, Bonds in accordance with the provisions of the Indenture. All Bonds
surrendered 6r such exchange or registration of transfer shall forthwith be canceled. The Paying
Agent may make a charge for every such exchange or agistration of transfer of Bonds sufficient
to reimburse it for any tax or other govemmemal charge required to be paid with respect to such
exchange or registration of transfer. No transfer of fully registered Bonds shall be required to be
made between the ISth day of the month next preceding each interest payment date, nor during
the IS days preceding rho selection of any Bonds for redemption prior to the maturity thereof, nor
with respect to any Bond which has been selected for redemption prior to fhe maturity thereof.
-3-
Mutilated. Destroyed. Stol nor d Bondc
in case any Bond shall become mutiated or be destroyed, smlen or lost, the Ciry shall cause
to be executed and authenticated a new Bond of like date and tenor in exchange and substitution
for and upon the canallazion of such mutilated Bond or kr lieu of and in substitution for such
Bond mutilated, destroyed, stolen or Lost, upon the Bondowner's paying the reasonable expenses
and charges in connection therewith, and, in the case of a Bnnd destroyed, stolen or lost, his tr7ing
with the Paying Agent and City of evidence satisfactory to them that such Bond was destroyed,
stolen or lost, and of his ownership thereof, and funtishing the Paying Agent and City with
indemnity satisfactory to them.
The Ciry Treasurer, as fiscal agent for the Bond issue shall establish and maintain three funds
for purposes of making payment of the costs and expenses for the works of improvement and
payment of principal and interest with respect to the Bonds.
Redemption Fund. The Troasurer is authoriud and directed pursuant to the Indenture to
establish and maintain a Redemption Fund designated by the name of the proceedings, into which
shall be placed accmed interest, if any, on the Bonds from the date of the Bonds to the date of
delivery to the initid ptvchascr thereof, all sums received for the collection of the assessments and
the hrcerost thereon, together with all penalties, if applicable. Prirrcipd of and interest on the
Bonds shall be paid to the rogistereel owners out of the Redemption Fund. Accrued interest paA
by the purchaser of the Bonds, if any, shag be deposited m the Redemption Fund. U all respects
not recited in the Indenture, the Bonds shall be governed by the provisions of the Act, Under no
cvcumstances shalt the Honds or inteest thcroon be paid out of any other fund except as provided
by law.
Any surplus remaining in said fund aher payment of all Bonds and the interost tMreon shall be
applied as directed by the City. All moneys hr said fund shag be invested vt any lawful
investrnents of City funds maturing not later than the date on which such moneys are roquhed for
disbursement and all interest earned on such investments shall be credited to said fund, except as
may be otherwise required by the Resolution if Issuance.
Escrow Fund, q fund to be known as the "Improvement Disvict No. 85-PD-R Bonds
Refunding Escrow Fund" (the "Escrow Fund"), shall be established and kept by Bank of America
National Trost and Savings Association, the Escrow Agent and shall constitute a tmst fund for the
benefit of the owners of the Prior Bnnds. At the time of the issuance of the Honds, the City shall
transfer from the proceeds of sale of the Bonds into said fund an amount which, together with any
other money to be deposited therein by the City, will be sufficient, together with any interest pr
gain to bo derived from the scheduled investmrnt thereof, to rodeem all outstanding Prior Bonds
on July 2, 1993, together with the payment of accmed interest thereon; provided, that after
completion of said redemption any surylus moneys remaning in said fund shall be remmed to the
City and deposited by it in the Redemption Fund. See also "Verification" heroin.
4-
ovt ofJ!'yro^ns' Fn ~+. A fund to be known as the Improvement District No. 85-PD-R Cost
of Issuance Fwd" (the "Cost of Issuance Fund"), shall be established and kept by the Treasurer.
The Treasurer shag deposit m the Cost of Issuance Fwd proceeds of the Sonds representing the
total of the sums identified in the Engineer's Report approved and adopted by the City az the costs
incurred in the issuance of the bonds. All money yr the Cost of Issuance Fund shall be disbursed
on such dates and hr such amounts az are necessary to pay all costs of issuing the Bonds,
including all expenses incident to the ca0hrg, retiring or paying of the Prior Bonds and to the
issuance of the Bonds, and vxluding, but not limited to, fees of bond cowsel, the Underwriter,
cenifxd public accountants, priming and advertising costs, and Ciry administrative expenses. All
money remaining W the Cost of Lssuancc Fwd after payment of all costs and legal charges shag be
transferred to the Redemption Fwd.
Reserve Fund. Pursuant to Part 16 of the Aa, therc shall be created a special reserve fwd for
the Bonds to be designated by the name of the Assessment District and spxified as the special
"Reserve Fnnd". An amowt equal to the Reserve Requrement, as dcfined below, shall be
deposited N the Reserve Fund from Bond proceeds.
Monies in the Reserve Fwd shall be applied as follows:
(a) Amounts in the Reserve Fwd shall be transfened to the Redemption Fwd for the Bonds
if, as result of delinquencies m the payment of assessments, there are ireufficiem monies m the
Redemption Fund to pay principal of and imerest on the Bonds when due. Amounts so
transferred shall be repaid to the Reserve Fwd tiom proceeds from the redemption or foreclosure
of property with respect to which an assessment is wpaid and from payments of the delinquent
azsessrtxnts.
(b) The "Reserve Requirement" shall be an amount equal to the lesser of (i) the Maximum
Annual Debt Service on the Bonds. (ii) 125% of the average awual debt service on the Bonds, or
(ui) the lesxr of 1030 of the principal amount of the Bonds outstanding, or 10% of the original
principal amount of Bonds, less any original issue discoum or plus anv original issue premium.
Awual Debt Service on the Bonds for each yeaz ending September 2rd shall equal the sum of (a)
the itnerest falling due on the outstanding Bonds ro such 12 month period, azsurrting that the
outstanding Bends are retired as scheduled, and (b) the principal amowt of outstanding Bonds
falling due during such 12 month period. "Average Awual Debt Service" shall mean the average
Awual Debt S<rvice during the tens of the Bonds. "Maximum Awual 6ebt Service" shall mean,
as computed from time to font, the largest Awual Debt Service during the period from the date
of such computation through the fmal maturity of any outstanding Brands.
(c) interest tamed nn the permitted invesnnent of monies on deposit N the Reserve Fund
sha11 remain W the Reserve Fund to the extent rcquirzd to maintain the Reserve Fund. On July I S
of each fiscal year the amount on deposit yr the Reserve Fund yr excess of the Reserve
Reyuiranent may, at the discretion of the City, be transferred from the Reserve Fund to the
Redemption Fund wd credited to the unpaid assessment instalhnents payable during such fiscal
year. The Auditor's record, p[epared pursuwt to Section 8682 of the Streets and Highways
Code, shall rcFlect the credits against each of the unpaid assessments in the manner provided vi
-S-
Sueets and Highways Code Section 10427.1 in amounts equal to each parcel's proportionate
shaze of such transfer.
Notwithstanding the above, imerest comings on monies on deposit in the Reserve Fund vt
excess of the "yield" on the Bonds, as that tens is defined in the Internal Revenue code of 1986
(the "Code"), shag be subject to transfer and rebate to the United States pursuant to the terms and
provisions contained in the Indenture.
(d) Whenever tttonies in the Reserve Fund are sufficient to retve all of the Bonds outstanding,
plus accmed interest thereon, such money shall be transferred to the Redemption Fund for the
Bonds and collection of a corresponding amount of the remauting unpaid assessments shall cease.
(e) In the event assessments am paid m cash in advance of their final maturity date, the City
shall credit the prepaid assessment with a proportionate share of the Reserve Fund and transfer an
amount equal to such credit to the Redemption Fund to be utilized for the advance retirement of
Bonds.
fin aces anA Iceg F.n c
The proceeds 6om the sale of the Bonds will be disbursed as set forth below:
TABLET
CITY OF RANCHO CUCAMONGA
LIMTTED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO.85•PD-R (Refunding)
50URCES AND USES OF FUNDS
Sources.
Principal Amount of the Bonds
Less Underwriter's Discount
Plus Accmed Interest
Total Sources
11C,'C:
Escrow Fund
Redemption Fund (1)
Costs of Issuance Fund
Reserve Pund (2)
Total Uses
(q Fqual to accrued interest on the Bonds.
(2) [goal to the Reserve Requirement.
_6.
The table below sets forth the annual debt service on the Bonds based on the interest rates set
forth on the cove[ of this Official Statement.
TABLE 2
CITY OF RANCHO CUCAMONGA
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. SS•PD-R (Refunding)
ANNUAL DEBT SERVICE
Due
~Cp t mh r PIl11S-Q8~ IYItI.69{ Z.Q~
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
Totals
-7-
SECURITY FOR THE BONDS
Seneca!
The Bonds are issued upon and are secured by the unpaid assessments levied on parcels within
the Refunding District together with interest thercon and such unpaid reassessments togcther with
interest thereon constitute a wet fund for the redemption and payment of the principal of the
Bonds and the interest thereon. All the Bonds are secured by the monies m the Redemption Fund
created pursuant to the azsessment proceedmgs and My the unpaid assessments levied. Principal
of and interest on the Bonds are payable exclusively from monies on deposit ht the Redemption
Fund.
Although the unpaid reassessments constimte faed liens on the parcels assessed, they do not
constitute a personal indebtedness of the respective owrwrs of such parcels. 'there is no assurance
that the owners will Ix 5nanciaBy able to pay the assessment instaWnems or that they will pay
such installments even though fmancially able to do so. See "HONDOWNERS' RISKS".
The unpaid reassessments will be collected in approximately equal annual installmems by the
County, together with interest on the declinittg balances, and are payable and become delinquent
at the same tune and in the same proportionate amounts and bear the same proportionate penalties
and interest afrcr delitpuency as do general property razes. The properties upon which the
reassessments were levied aze subject ro the same provisions for sale and redemption az are
properties for nortpayment of general razes.
Neither the faith and credit nor the taxing power of the City, the County, the Slate of
California or any political subdivision thereof is pledged In the payment of the Bonds.
Limited C1blioaCon Uuon Delinaaencv
The City's obligation to advance monies to pay debt service on the Bonds in the event of
delinquent assessment installments shall not exceed the balance in the Reserve Fund.
Reserve Fund
Upon receipt of the proceeds from the sale of the Bonds, the Ciry shall forthwith establish the
Reserve Fund in an amount equal ro the Reserve Requirement The monies in the Reserve Fund
shall constimte a tenet fund for the benefit of the owners of the Bonds, and shall he administered
in accordance with end pursuant to the provisions of Part l6 of the Act and the Indenture;
provided, that proceeds from redemption or sale of the properties with respect to which payment
of delinquent assessment instaWnents and interest thereon was made from the Reserve Fund, shall
Ix credited to the Reserve Fund; and provided, further, that for the purposes of complying with
federu tax law with respect to the Bonds and providing for reduction of the amount nn deposit in
the Reserve Fund during the term of the Bonds pursuant to Section ggg7 of the Act, all proceeds
keen investment of monies in the Reserve Fund other than the amount to be abated to the United
-g-
States, shall be transferred to the Redemption Fund and be credited against the annual assessment
installments or be used for the advanced retirement of Bonds.
The City has no obligation to replenish the Reserve Fund except to the extent that
delinquent assessments are paid or proceeds /rom foreclosure sales are realized.
Covenant to Co mence Sgpgrior Covr_ t Fore`losy
The Act provides that in the event any assessment or installment thereof or any interest
thereon is not paid when due, the Ciry rosy order the institution of a coon action to foreclose the
lien of the unpaid assessment. Tn such an action, the Beal propety subject to the unpaid
assessment may be sold at judicial foreclosure sale. This foreclosure sale procedure is not
mandatory. [However, pursuant to the hrdenturc, the City covenants for the benefit of the
twndowners that it will review assessment records of the County not later than Febmary 1 and
June 1 of each year to rktermine the amount of the assessments collected on the December and
April property tax bills for the cunent focal yeaz. The Ciry shall commence foreclosure action(s)
on all parcels for which the payment of assessment instaWnents are del'upumt m the Superior
Court of the State of California within 150 days of any delinquency, and diligently prosecute and
pursue such foreclosure proceedings to judgment and sale. hritiation of such foreclosure actiore
may be deferred rtt any fiscal year if the Rexrve Fund is maintaircd at an amount at least equal to
the Reserve Requirement.l
Prior to Iuly I, 1983, the statutory right of redemption from such a judicial foreclosure sale
was Imtited to a period of one year from ehe date of sale. Legislation effective July 1, 1983
amended this statutory right of redemption to provide that before notice of sale of the foreclosed
parcel can be given following coon judgment of foreclosure, a redemption period of 120 days
must elapse. Furthermore, if the purchaser et the sale is the judgment creditor (i.e. the City) an
action may be commenced by the delinquent property owner within six months after the date of
sale to set aside such sale. The constitutionality of the aforemmtioned legislation which repeals
the one-year redemption period has not been tested by any State or federal court and there can be
no assurance that, if tested, such legislation will be upheld.
In the event such Superior Court foreclosure or foreclosures aze necessary, there maybe a
delay ui paymrnts to Bondowners pending prosecution of the foreclosure proceedings std receipt
by the City of the proceeds of the foreclosure sale; it is also possible that no bid fo[ the purchase
of the applicable property would be received at the foreclosure sale. See also the section entitled
"BONDOWNERS' RISKS" herein under subsection "Barilwptcy and Foreclosure".
Priority of Lien
The reassessment and each installment thereof and any interest and penalties thereon
cnnstiture a lien against the parcels on which they were imposed until the same arc paid or until
four years following the fmal maturity date of the Bonds. Such lien is subordinate to all Fued
special assessment liens previously imposed upon the sane property, but has priority over all
private liens and over atl fixed special assessmrnt liens which may thereafter be created against the
property. Snch lien is co-equal to and independent of the lien for general taxes.
-9-
There are overlapping bonded special assessment and Mello-Roos lido on the pazcels in the
Distrin. Overlapping assessment liens, which have priority over the lien for the Bonds, iuclude
approximately S outstanding aggregate principal amount of City of Rancho
Cucamonga Assessment District 84-2 Bonds and S outstanding aggregate principal
amount of Ciry of Rancho Cucamonga Assessment District g2-IR Bonds. Overapping
i`dello-Roos Dens, which are on a parity with the Honds, include approximately S
outstanding aggregate principal amount of City of Rancho Cucamonga CFD 84-1 Bonds. See
"BONDOWNERS' RISKS -- Bonds an Subordinate Lien Bonds "and "BONDOWNERS' RISKS
-- Direct and Overlapping Indebtedness Repon" "
Cove nl to Ma'n ain T - z mot Cr t
The City covenants that it wtll not make arty use of the proceeds of the Bonds which would
cause the Bonds to become "arbitrage bonds" subject to Federal income taxation pursuant to the
provisions of Section 148(e) of the Code, or to become "Federally-guaranteed obligations'
pursuant to the provisions of Section 149(6) of the Code, or to become "private activity bonds"
pursuant to the provisiore of Section 141(a) of the Code. To that end, the City will comply with
all applicable requiremetrts of the Code atd all regulations of the United States Department of
Tttasury issued thereutder to the extent such requiretnems are, at the time, applcable and it
effect Additionally, the City agrees to impleman and follow each and every recommendation
provided by Both Counsel attd deemed to be ntcessaty to be undertaken by the City to ertsurc
compliance with all applicable provisions of the Cods ht order to preserve the exemption of
interest on the Bonds from Federal income taxatior.
C,:o~rLnl Re¢ardioy A hiL~ e
The City shag not take nor permit or suffer to be taken atry action with respect to the gross
proceeds of the Bonds as such term is defused under the Code which, if such aciion had been
reasonably expected to have been taken, or had been deliberately and intentionally takeq on the
date of issuance of the Bonds, would have caused the Bonds to be "arbitrage bonds" within the
meaning of Section l48 of the Code and the regulations promWgamd thereunder.
-10-
BONDOWNERS' RISKS
SifIICC>i(
Under the provisions of the Act, assessmern installments, fmm which furrds for the paymrnt of
annual installnents of principal of and interest on the Bonds aze derived, wrll be billed to
properties against which there arc unpaid assessments on the regular propem tax bits xnt to
owners of such properties. Such assessment instalimen[s arc due and payable, and bear the same
penalties aril interest for non-payment, as do regulaz property tax installments. Asxssmrnt
urstaWncnt payments cannot be made xparatety from property tax payments. Additionally,
asxssment instalhnems made will be m aggregate amounts for the Bonds. Payments of
asxssment instaBmems made by the owners of parcels will be applied on a pro-rata basis to all
Bonds for which the assessment instaWnent is due and could result in a lesur amount being
applieA to the installrrxnt asxssment due with respect to the Bonds d the amount paid by the
property owner is less than the total assessment installment billed. It should also be noted that
the unwillingness or inability of a property owner to pay regular property tax bills as evidenced by
property tax delinquencies may also indicate an unwillingness or inability to make regulaz property
tax payments and assessment installment payments in the future.
In order to pay debt service on the Bonds, it is necessary that unpaid instaWnems of
assessments on land within the Refunding District are paid hr a turrely matuer. Should the
installments not be paid on time, the City has established a Reserve Fund from the proceeds of the
Bonds to cover delinqurncies. The assessments are xcured by a Nett on the parcels within the
Refunding District and the City has covenanted to institute foreclosure procadings under certain
corxiitions. Amendments to the Act enacted in 1988 and effective January 1, 1989 provide that
under certain circumstances property may be sold upon foreclosure at a lesser Minimum Price or
without a Minimum price. "Mutimum Price" as used m the Aa is the amount equal to the
delinquent installments of principal or interest of the assessment or reassessmem, together with all
interest penalties, costs, fees, charges and other amounts more fully detailed in the Act. The court
may authorize a sale at less than the Minimum Price R the court detemtines that sale at less than
the Mutimum Price will not result in an ultimate loss to the Bondowners or, under certain
circumstances, ff holders of 753'a or more of the outstanding Bonds consent to such sale.
However, there can be no assurance that foreclosure proceedings wdl occur in a timely manner so
as to avoid Aepletion of the Rexrve Fund and delay in payments of Aebt service on the Bonds.
See "BONDOWNERS' R[SKS --Bankruptcy and Foreclosure" herein.
Failure by owners of the parcels to pay instaWrxnts of assessments when due, depletion of the
Reserve Fund, delay in foreclosure proceedings, or the inability of the City [o sell parcels which
ttave been subject to foreclosure proceedutgs for amounts sufficient to cover the delinquent
instalhnents of assessments levied against such parcels may result in the inability of the City to
make full or punctual paynents of debt service on the Bonds and Bondowners would therefore be
adverxly affected.
Unpaid assessnents do not constitute a personal indebtedness of the owners of the parcds
within the Refunding District There is no assuraue the owners will be able to pay the
azsessment installments or that they wdl pay such installments even though financially able to do
50.
Bankraotcv and Fore~los rte
The payment of azsessments and the ability of the City to forcclox the Nett of a delinquent
wpaid azxssment, as discusxd in the section entitled "SECURITY FOR THE BONDS --
Covenant to Commence Superior Court Foreclosure," may be limited by bankruptcy, insolvency,
or other laws generally affecting creditors' rights or by State law [elating to judicial foreclosure.
Li addition, the proxcution of a foreclosum could be delayed due to lengthy local court calendars
or procedural delays.
The various legal opinions to be delivered concunendy with the delivery of the Bonds
(including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the
various legal inswments by bartknrptcy, reorganization, insolvrnry or other similaz laws affetting
the rights of creditors generally.
?dthough bankwptcy proceedings would not caux the azxsstnents to become extinguished,
banlwptry of a property owner could result m a delay ht proxcuting superior coon foreclosure
proceedings and could result m delinquent azxssment irtstaWttents not being paid ht full. Such a
delay would increax the likelihood of a delay or default in payment of the principal of and interest
on the Bonds.
The ability of the City to foreclose the lien of a delinquent unpaid azxsstnent may be limited N
certain aspects with regard to progenies N which the Federal Deposit Insurance Corporation (the
"FDIC") or the Resolution Tmst Company (the "RTC") has an interest. On June 10, 1991 an
RTC Statement of Policy Regarding the Payment of State and Locat Real Property Taxes (the
"Policy Statement") was released to the public. The FDIC has adopted a substantially identical
policy. The Policy Statement applies to the RTC when it is liquidating assets ht its corporate and
receivership capacities; it does not apply when the RTC is acting az conservator. The Policy
Statement provides that owned real property of the RTC is subjeM to state and total real property
taxes if those taxes are azsessed acconling to the property's value and that the RTC is anmune
from real property taxes assessed on other bases. The RTC will pay its proper tax obligations
when they become due and will pay claims for delinquencies as promptly az is consistent with
such business practice and the orderly administration of the instiwtion's affairs, unless
abandonment of the RTC's interest in the property is appropriate. The RTC will pay claims for
interest on delinquent property taxes awed at the rate provided under state law. The RTC will
not pay for any amounts in the nature of fines or penalties and will not pay nor recognize liens for
such amounts. If any property taxes (including intercsU on RTC owned property arc secwed by a
valid lien (in effect before the property becatne owned by the RTC), the RTC will pay those
claims. No property of the RTC is subject to levy, attachment, garnishment, foreclosum or sale
without the RTC's conxnt. In addition, the RTC will not permit a lien or xcurity interest held by
the RTC to be eluninated by foreclosure without the RTC's consent.
12-
The Policy Statement is uncleaz as to whether the RTC considers assessments such as those
levied N the District to tx "real property taxes" which it intends to pay.
'The City is unable to predict what effrct the application of the Policy Statement would have m
the event of a delinqurncy on a parcel included yr the Assessed Property in which the FDIC or
RTC has an interest, although prohibiting the lien of the FDIC or RTC to be foreclosed on at a
judicial foreclosure sale would likely induce or eliminate the persons willing to purchase a parcel
at a foreclosure sale. Such an outcome would cause a draw on the Reserve Fund and perhaps,
ulYvnately, a default ht payment of the Bonds.
AvailabilHv of Fundc to Pav De ins rent A a~ m nt Om nt
i'he City w111 establish a Reserve Fund out of Bond proceeds in an amount equal to the
Reserve Requirement. As discussed in 'THE BONDS -- The Reserve Fund" herein, if a
delitquency occurs N the payment of any assessment installment, the Treasurer will transfer into
the Redemption Fund the amoum of the delinquency out of the Reserve Fund. There is no
assurance that the balance m the Reserve Fund will always be adequate to pay all delinquent
installments ard ff, during the period of delinquency, there are insufficiem funds in the Reserve
Fund to pay al( delinquent instalbents, a delay rosy ocwr kr payments to the owners of the
Bonds.
limited City Obligation Ipon Delinatencv
The City's obligation to advance monies to pay debt service on the Bonds in the event of
delinquent assessment installments shall not exceed the balance in the Reserve Fund. The
City has made an election in the Resolution of Intention not to be obligated to advance
funds from the general fund of the City for delinquent assessment installments pursuant to
Section 8769(6) of the Acl: the only obligation of the City is to tramier amounts available
in the Reserve Fund. There is no assurance that other funds wiB be available for this purpose
and ff, during the period of delinquency there are insufficient funds in the Reserve Fund, a delay
may occur in payments to Bondowners.
Factor Which Mav Affect t d Dev Inpment a d Proce tv Val
The value of the property br the Assessment District may be affected by changes in general
economic conditions, Buctuations in the real estate market, availability and cost of construction
financing, competition from other developing areas and other factors beyond the control of the
progeny owners. In addition, development may be subject to future federal, state and local
regulations. Approval may be reyutred from various agencies from time to tune in connection
with the layout and design of development N the Assessment District, the nature and extent of
public improvements, land use, zonu:g and other matters. Failure to meet any such regulations or
obtain any such approvals in a lonely mariner could delay or adversely affect continued
development in the Assessment District and properly values.
Su "PROPERTY OWNERSHIP AND PROPOSED DEVELOPMENT" heroin
13-
~owth .on roi Initiatives
During 1990 citizens of a number of iocal communities in Southern California, including
citizens of the County of Riverside, the County of Orange and the County of San Diego, have
placed measures on the ballot designed to control the rate of Cuture growth hr those areas.
Although none of thox measures affected the Refmndng Distnet, it is possible that future
initiatives applicable to the Refunding District could be enacted and could rcgatively hnpaa the
ability of the property owners to further develop their land. Bondowners should assume that any
event that significantly impacts the ability to develop land in the Refunding District could cause
the land values within the Refunding District to decrease substantially anal could affect the
willingness and ability of the owners of land to pay the assessments when due. See the discussion
under "BONDOWNERS' RISKS --Factors Which May Affect Land Development" herein.
in evaluating the investment quality of the Bonds, investors should assrmre that the possible
r;nactment of more restrictive land ux regulations by the City or by voter initiative, presents a
substantial risk to the timely construction ant completion of the Improvement Project.
lgaBot Initiatives
From tune to time constitutional inhiatives or other initiative measrres could lre adopted by
California voters. The adoption of any such initiative tnight place 1unitatiau on the ability of the
State, the County or local districts tourcreax revenues or to increase appropriations, or an dre
ability of the landowners to complete thew developments. See "BONDOWNERS' RISKS --
Future Land Ux Regulations and Growth Control Initiatives" herein.
Divert and OverlappjgQ Lndebtednesa
The ability of an owner of land within the Refunding District to pay the asxssrnents could be
affected by the cxistena of other taxes and assessments imposed upon such owners property. Tn
addition, other public agencies whoa boundaries overlap those of the Assessrrrent District could,
without the consent the City, and in certain caxs without the consent of the owners of lend wittrin
the Refwding District, impox additional taxes or assessrmnt liens on the property wihin the
Refunding District to finance public improvements to he located inside of or outside of the
Refunding District. See "SECURffY FOR THE BONDS -- Priority of Lien"; and "SECURITY
FOR THE BONDS -- Prior and Pazity Liens".
14-
TABLE 3
CITY OF RANCHO CUCAMONGA
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. gS-PD-R (Refunding)
DIRECT AND OVERLAPPING INDEBTEDNESS REPORT
1992-93 Assessed Valuation: $
Ito come]
Source:Based upon information provided by California Municipat Statistics, Inc.
('nuy~Y,A,gae4aed Valuation
The value of land within the Reassessment District is a critical factor in detenrtitting the
invesnnent quality of the Bonds. If a property owner defaults in the payment of assessment
instaBntcnts, the City's only remedy ;s to commence foreclosure proceedings in an attempt to
obtain funds to pay the delinquent assessment. See the section entitled "BONDOWNERS' RISKS
-- Bankmptcy and Forcclosurc" herein.
The County assessed valuation of the land comprising the pazcels in the District is
$ and the County assessed valuation of improvements on parcels ur the District is
$~_ . The total County assessed valuation is S which is _
times grcaror than the total estvnated reassessment of 35,910,000.
The typical reassessment on a residential lot N the District ranges from S to
$ Value to lien ratios on vacanr lots typically range fmm _ to I, to ~ to 1;
value to lien ratios on 'unproved lots typically range from _ to 1, to __ to 1. See Appcndu
B "Reassessment and Property Valuation Detail" for a detailed breakdown of property ownership,
rcasscssment amounts, assessed valuations and value to lien ratios.
IS-
THE IMPROVEMENT PROJECT
General
Monies deposited in the Improvement Fund of the Prior Bonds was used to finance the
construction of two public parks within the Assessment District (the "Improvement Project").
Details of the nature of the Improvement Project are set forth below in the Description of Works
of Improvement.
Description of Works of Improvement
Heritage Park is a 40-acre site which was improved with two shared lighted softball/soccer
facilities, an equestrian facility, playgrounds, picnic areas, hard court and jogging trails. A portion
has been retained as a wilderness area.
Red Hrl! Community Park is a 44.6-acre site located in the western half of the City,
Improvements funded by the Prior Bonds include four lighted basebalUsoftball diamonds and tow
lighted soccer fields. Also included will be a lake, a peninsula concert bowl with sloping grass
amphitheater seating, picnic areas, jogging trails with exercise stations and playgrounds.
In addition to the improvement Project funded from the proceeds of the Prior Bonds, the City
also levies an annual assessment pursuant to the terms of the Landscaping and Lighting Act of
1972. The maintenance of Heritage Community Park and Red Hill Community Park includes
lawn mowing and fertilizing; tree and shmb trimming; irrigation system maintenance; road,
sidewalk, and parking lot maintenance; maintenance and operation of lighting system; restroom
cleaning; refuse pickup; and maintenance of equestrian facilities, playground equipment, picnic
facilities, and athletic facilities
Method and Formula of Assessment Snread
The estimated total amount of the reassessment was apportioned among the parcels in the
Refunding District with unpaid assessments. The amount was distributed in proportion to the
ratio of the unpaid balance of the original assessment for each individual parcel to the total unpaid
balance of the original aggregate assessment. The estimated amount of each reassessment,
identified by reassessment number, is shown within the reassessment report prepared by the
Engineering Department of the City, and is on file with the City Department of Public Works.
Summary of Assessment Am~untc
Calc¢an'A
The estimated reassessment which will be levied annually is $___ per residential
dwelling unit for those parcels in Category A Category A parcels containing more than one
residential dwelling unit will be assessed for an amount equal to $__ times the number of
dwelling units
-16-
Caterorv B
The reassessment which may be levied annually far parcels within Category B shall be
according to the following schedule:
Assessors Assessment
Size Range Definition Per Parcel j11
OA less than 1.5 acres $
5 1.51 acres to 3.5 acres
6 3,51 acres to 7.0 acres
7 7.OI acres to 14.0 acres
8 14.01 acres to 25.0 acres
9 25.01 acres and larger
Category C
The assessment shall be $0.00 for Category C parcels.
[See Appendix B herein entitled "Method and Formulation of Assessment Spread" for a more
detailed discussion of the various categories of parcels.)
(7) Some assessments may vary from the values given above by $.0] or $.02 either way. The
computer spreads the actual Balance to Assessment, carries the extra pennies left over from
an even spread, and adds them one at a time to the assessment roll from the first parcel
downward to make the total assessment spread exactly equal the Balance to Assessment.
Source: City of Rancho Cucamonga.
17-
The following are estimated refunding costs for Reassessment District No. 85-PD:
TABLE 4
CITY OF RANCHO CUCAMONGA
LIMTTED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT N0.85-PD-R (Refunding)
REFUNDING COST ESTIMATE
Refunding Escrow:
Principal due 7/2/93 and thereafter on Prior Bonds $5,915,000
Prepayment Premium (5%) 283,000
Interest due on 7/2/93 Prior Bonds 276,626.25
Total due 7/2/93 6,474,626.25
Less interest earned on Escrow Fund
Total due to Escrow Fund
Financing Costs:
Reserve Fund
Costs of Issuance (1)
Total Financing Costs
Total Cost of Reassessment
Less Existing Fund Balances:
Prior Bond Reserve Fund
Prior Bond Redemption Fund
Less Prepayments
Total Fund Balances and Prepayments
TOTAL AMOUNT OF REASSESSMENT
(p Includes underwriters discount, bond counsel fee, City administrative fees, official statement and bond
printing costs, financial advisory fees, Paying Agent foes, cost of auditor's record, rcusussmen[
engineering and other miscellaneous costs.
IS-
THE REFUNDING DISTRICT
Description
The Refunding District is comprised of [19,983] assessment parcels which together
encompass approximately (16,610] acres, or approximately 76% of the land in the City. Not
included in the Refunding District are the land planned communities of Victoria and Terra Vista,
all of which are located in the northeasterly section of the City. Ownership of parcels is highly
diversified.
[17,004] parcels are improved with buildings; the remaining 2,979 parcels are currently
unimproved. Approximately [48%] of the property in the District is zoned for residential uses,
[27%] is zoned for industrial use, [4%] is zoned for commercial uses, and [21%] is zoned for
publidinstitutional uses or open space.
Priority of Lien
The Bonds described herein are a first lien against approximately 80% of the land in the
District. There are two 1915 Act improvement bond issues, the liens of which have priority over
portions of the lien for the Bonds described herein.
In September 1982 the City issued $8,890,516.26 principal amount of Assessment District
No. 82-1 1915 Act Improvement Bonds to finance public improvements to the Sixth Street .
Industrial Area. As of March I5, 1993, the outstanding principal amount of the lien was
$ .These bonds are a first lien against 210 acres, or 1.3% of the land in the District,
In August 1985 the city issued $18,000,000 principal amount of Community Facilities District
No. 84-I Special Taz Bonds pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Mello-Roos Bonds"). These bonds were issued to finance drainage improvements
to the Day Creek Channel. The Mello-Roos district totals 3,695 acres, of which 2,062 acres are
located in the District. (This represents 12.4% of the land in the District), Of the $
principal amount of bonds outstanding, $ is the amount of the Melly-Roos lien
against the 2,062 acres in the District. The lien for the Mello-Roos bonds is on a parity basis with
the lien for the Bonds described herein.
The boundaries of the Mello-Roos district and A.D. No. 82-1 overlap to create 673 acres on
which there exists both a prior lien (for A.D. No. 82-I) and a parity lien (For the Mello-Roos
Honds). This is the only instance where snore than one lien exists in addition to the lien for the
Bonds.
[All prior and parity liens are paid current through and inclusive of February' 1993 ]
The following table summarizes the prior and parity liens on land in the Refunding District
-19-
TABLES
CITY OF RANCRO CUCAMONGA
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. 85-PD-R (Refunding)
PRIORITY AND PARITY LIEN INFORMATION
Bonds
Priority Outstanding Number of Percent of
Name of District of Lien 3/15/93 Acres District
A. D. No. 82-1 First Lien 1,750(1) I0,5%
Alta Loma Channel First Lien 210 1.3%
A.D. No. 84-2
Community Facilities Parity 2,062 f 1) 12.4%^
District No. 84-I Lien
(Day Creek Drainage
System)
(1) The bowdarics of A.D. No. 82.1 and the Community Facilities District No. R4-1 overlap to cnatc 673
acres (4.0% of the land i the District) an which there exists both a prior lien for A.D. No. 82-I and a
parity lien for Distrd No. 84-I.
Assessed Valuation
The total assessed valuation of the land in the District is $_ the total assessed
valuation of improvements is $ . for a total assessed valuation of $ ,which
is times the total outstanding assessment of $ (which includes prior and
parity lien bonds totalling $_
Maior Prooerly Owners in the District
The following table shows the top 10 taxpayers in the District along with their 1992193
assessed valuations.
20 -
TABLE6
CITY OF RANCHO CUCAMONGA
LR'riTTED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. SS-P0.R (Refunding)
MAJOR PROPERTY OWNERS IN THE DISTRICT
Name of Comoanv
Tamco (Parent Company of Ameron)
Frito Lay
General Dynamics
RC Industrial
West Coast Liquidators
Ameron
RC Land Co.
Big Three Industries
Etiwanda investments
Avery
Source: County of San Bernardino Assessor's Office,
Agencies Which Provide Public Utilities
Assessed
Valuation
All necessary public utilities are available to the land in the Disttret. Agencies supplying public
utilities are as follows:
Electricity: Swthern California Edison Company
Natural Gar Southern California Gas Company
Telephone Service General Telephone
Water and Sewer: Cucamonga County Water District
Fire Protection: Foothill Fire Protection District
Pronertv Tax Status
The following is a summary of tax delinquency rates for the Refunding District for the last five
years.
Year Delinouencv Rate
1992/93 (I)
1991 /92
1990/91
1989/90
1988/89
(i) ReBucts the first installment of property lass only.
21 -
LECAL OPINION
All proceedings in connection with the issuance of the Bonds are subject to the approval of
Brown, Divcn arrd Hentschke, San Diego, Calffomia, Bond Counsel for the City. The Icgal
opinion of Brown. Divert and Hentschke, attesting to the validity of the Bonds, shall be supplied
free of chazge to the original purchasers of the Btmds. A copy of the legal opinion, certified by
the official m whose office the original is fded, will be printed on each Bond.
The statcmcnts of law artd Icgal conclusions set forth in this Official Statement under the
heading 'THE BONDS" have been reviewed by Bond Counsel. Bond Counsel's engagement is
limited to a review of the legal procedures required for the authorization of the Hoods and the
exemption of interest on the Bonds from income taxation. See'TAX EXEMMiON" herein.
TAX EXEMPTION
<n the opinion of Brown, Divert attd Hentschke, San Diego, Califortda, Bond Counsel, under
existing laws, regale[ions, ndings and judicial decisions, imercst on the Bonds is exempt from
present State of California personal income taxes, is excluded from gross vrcome for federal
income tax purposes and is not an item of tax preference for purposes of the federal alternative
mittirtmm tax 'unposed nn individuals and corporations; however, Bond Counsel notes that, with
respect to corporations (as defmrd for federal income tax purposes), interest on the Bonds will be
included in determining adjusted current earnings, a portion of which may increase the alternative
minimum taxable incrnne of such corporations.
Bond Counsel's opinion as to the exclusion from gross income of interest on the Bonds is
subject to the condition that the City complies with aU requirements of the Code that must be
satisfied subsequent to the issuance of the Bonds to assure that interest on the Bonds will not
become includable in gross income for federal income tax purposes. Failure to comply with such
reyuucments could cause interest on the Bonds to be ircluded in gross income for federal income
tax purposes retroactive to the date of issuance of the Bonds. The City has covenanted to comply
with all such requirements. Bond Counsel has not undertaken to determine (or to inform any
person) whether any actions taken (or not taken) or evems occurring after the date of issuanct of
the Bonds may affect the tax status of interest on the Bonds.
Although Bond Counsel has rendered an opinion that interest on the Bonds is excluded from
gross income for federal income tax purposes provided that the City continues to comply with
certain requirements of the Code, the accmal or receipt of interest on the Bonds may otherwise
affect the federal income tax Lability of the recipient The extent of these other tax consequetces
will depend upon the mcipient's particular tax status and other items of income or deductions.
Band Covnsel expresses no opinion regarding any such consequences. Accordingly, all potential
purchasers should consult their tax advisors before purchasing any of the Bonds.
_22-
NO LITIGATION
There is no action, suit, or proceeding known by the City to be pending or threatened at the
present time restraining or enjoirting the delivery of the Bonds or in any way contesting or
affecting the validity of the Bonds or any proceedings of the City taken with respect to the
execution or delivery thereof. Ana litigation certificate executed by an appropriaze City official
shall be required to be delivered to the Underwriter simultarxously with the delivery of the Bonds.
RATINGS
[to come)
PROFESSIONAL FEES
In connection with the issuance of the Bonds, fees payable to Heldman, Rolapp & Associates,
as Financial Advisor, and Brown, Divan and Hentschke, as Bond Coanset are comingent upon the
issuance of the Bonds.
UNDERWRITING
Stone & Youngberg, the Underwriter of the Bonds, has agrced to purchase the Bonds from
the City at an aggregate discount of $ from the total par value of Bonds as set forth on
the cover page of this Official Statement. The purchase contract pursuant to which the
Underwritcr is purchasing the Bonds provide that the Underwriter will purchase all of the Bonds
ff any are purchased. The obligation of the Underwriter to make such purchase is subject to
certain terms and conditions set forth in such contract of purchase.
The public offering prices may be changed from time to timc by the Underwriter. The
Underwriter may offer and sell Bonds to certain dealers attd others at a price lower than the
offerhtg price stated on the cover page hereof.
MISCELLANEOUS
All quotations from, and summaries and explanations of the Indenture and other stanrtes and
documents contained herein do not purport to be complete, and reference is made to said
documents, 6tdentum and statutes for fuB arxl complete statements of their provisions.
23 -
This Official Staement is submitted only m connexion with the sale of the Bonds by the City.
All estimates, assumptions, statistical informazion and other statements contained hen;in, while
taken fiom sources considered reliable, are not guaranteed by the City or the Underwriter. The
information comained heroin shouid not be construed as representing all conditions affecting the
City or the Bonds.
All infomtazion contained in this Official Statement pertaining to the City has been famished
by the City and the exewtion and delivery of this Official Statement has been duly authotiud by
the Ciry.
CITY OF RANCHO CUCAMONCA
By:
u-
APPENDIX A
ASSESS[vIENT DIAGRAM
A-l
APPENDIX B
SUPPLEMENTAL INFORMATION ABOUT THE CITY
THE CITY OF RANCHO CUCAMONGA
The Bonds are not a debt of the Ciry a:,a. no assets of the City are pledged to secure the
Bonds. Information about the Ciry fr inc(trd;d only for the purpose of providing general
information.
The City of Rancho Cucamonga is located in the foothills of the Los Angeles-San Bemazdino
Basin m the western portion of San Bernardino County, approximately 40 miles east of the City of
Los Angeles and 18 mites west of the Ciry of San Bernardino. The City covers approximately
34.3 sgnaze miies and is bordered by Ontario on the south, Upland on the west, and Fontana on
the east; to the north are CSrcamonga Peak and Mount Baldy.
The City of Rancho Cucamonga was incorporated November 30, 1977 as a genera( law city.
It is governed by afive-member City Council which includes a Mayor who is elected at lazge for a
two yeaz term, and four Council Members who arc elected at lazge for staggered four year tettns.
The City Council appoints the City Manager and City Attorney. The Ciry Manager is reapatsible
for the daily administration of City affairs and for hrtplementing CouneB polity and program
decisions.
The City's Genera! Plan provides a coordinated policy of developrnent planting, balancing
residential, commercial, and industrial expansion. Coordinated transportation planning with the
Southern California Regional Association of Governments and the County of San Bernardino g
being provided by a na~c model that sets forth the optimum siu of sneers and tinrvtg necessary
to accommodate tmftic on both existing and fumrc streets.
Pooulation
Prior to incorporation, the area generally within the corporate boundaries experieficed a rapid
growth in population. 8etwecn 1970 and 1980 the population grew approximately 250 percent.
Table C-l sets forth population estvnates for the City, County and State for the period from 1980
through 1991.
B-I
TABLE C-1
CTTY OF RANCHO CUCAMONGA
POPULATION ESTIMATES
San Bernardino
~~ Ran ho . ~ mo oa County SIYIC
1980 55,250 89-5,016 23,668,145
1981 56,700 919,700 24,015,000
1982 59,700 967,900 25,460,300
1983 59,779 985,860 24,944,700
1984 61,700 1,021,940 25,414,000
1985 65,500 1,056,900 25,857,500
1986 73,800 1,110,500 26,637,000
1y87 80,400 1,167,200 27,292,300
1988 94,614 1,245,200 27,996,000
1989 105,300 1,324,600 28,662,000
1990 98,400 1,423,800 29,558,000
1991 104,900 (,471,300 30,351,000
Source: State Depamnent of Finance
The City is primarily a residenial community. Fifty-two percent of the City is zoned
residential, six percent is zoned comntesial, twenty-two percent is zoned industrial, eleven
percent is zoned for public/mstimtional use, and nine percent is zoned for open space.
Table C-2 sets forth the recent history of taxable sales in both the County and the City.
B-2
TABLE C•2
COUNTY AND CITY
TAXABLE SALES
SAN BERNARD NO O 1NTY
Taxable
No. of Trareactiore
PAIl011S (000 DoBarsl
CITY OF RANCHO COCAMON .A
Taxable
No. of Trareactiore
PSPIDItS (000 Dollaral
1980 21,749 54,174,903 949 5129,497
1981 24,637 4,591,022 1,073 159,093
1982 27,927 4,605,030 1,202 182,356
1983 29,398 5,230,522 1,230 189,350
1984 29,977 6,026,467 1,339 216,695
1985 30,694 6,947,637 1,490 253,213
1986 32,103 7,561,353 1,589 296,097
1987 33,1D9 8,652,343 1,727 321,290
1988 33,779 9,537,717 1,866 361,564
1989 35,042 10,662,647 2,081 417,064
1990 36,849 11,269,631 2,225 476,610
Source: California State Boazd of Equalization
Located in the western portion of San Bematdvro County, City residents benefit from a wide
geographical area of employment opportunities ur Los Angeles arnl Orange Counties, as well av
Iocal employment opportunities. Many residents commute to places of employmem vt both Los
Angeles and Orange Counties. The City is located within the Riverside-San Bernardino-Ontario
Standard Mevopolitan Statistical Area, which comprises all of Sazr Bernardino and Riverside
Counties. Tabte C-3 is a four-year summary of employmem by economic sector.
B•3
TABLE C-3
RIVERSIDESAN BERNARDINO-ONTARIO METROPOLITAN A REA
ESTIMATED NUMBER OF WAGE AND SALARY WORB:ERS BY INDUSTRY
ANNUAL AVERAGE 1985-1990
(in thousands)
1982 14&8 1489 199!!
Tntal .411 Lxlustries 623,100 648,200 708,200 761,600
Total ABriculture 22,200 21,900 20,900 21,700
Total Nonagriculmre 600,900 626,300 687,300 739,900
Minin6 1,300 1,300 1,400 1,400
Conswction 49,700 53,100 65,300 67,500
Manufacturing 80,100 81,900 88,200 89,800
Wholesale & Retail Trade 151,400 157,000 170,500 184,200
Finance, Insurance & Real Estate 26,100 27,500 29,800 32,600
Transportation & Public Utilities 30,500 30,500 32,300 35,400
Services 141,500 149,100 162,000 179,500
Govemment(1) 120,300 125,900 (37,800 149,500
(I) Includes all civilian employees of federal, ante and local govenament end Mak ead local achoola
Source: State Employment Development Department.
B-4
Table C-0 sets forth employment, unemployment, and the unemployment rate since 1979.
TABLE C-0
RIVERSIDE-SAN BERNARDINO.ONTARIO METROPOLTTAN AREA
CMLIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT
Labor Um•mpbyment
Year Fortt Eplployment iJnem obvment $g~
1979 581,700 543,500 38,200 6.6%
1980 586,200 541,500 44,700 7.6%
1981 604,400 553,300 50,700 8.4%
1982 632,500 555,400 77,100 12.2%
1983 705,800 635,100 70,700 10.0%
1984 745,400 686,600 58,800 7.9%
1985 797,1W 740,300 56,800 7.190
1986 851,600 797,000 54,600 6.4%
1987 395,(00 844,200 50,900 5.7%
1988 939,700 884,70(1 55,000 5.9%
1989 1,023,600 962,200 58,400 5.7%
(990 (t) 1,071,600 1,00(,000 70,600 6.6%
(I) Most recent information available as of December 1991.
Sourcc: State of California, Employment Development Department
B-5
Table C-5 shows construction activity in the Ciry for the past six years.
TABLE C-5
CITY OF RANCHO CUCAMONGA
BUILDINf, PERMIT VALUATION
(ln Thousands of Dollars)
1;651>iLLll81 14$f 1284 1482 1288 1482 1494
New single-family $117,400 5218,158 $162,039 5206.719 $197,384 $86,433
New multi-family 19,244 59,940 31,556 45,368 43,199 20,065
Additions, alterations 5.828 8_001 7_689 2_481 11_840 10397
Total Residrntial 5142.472 $285.649 ;F2Q1,Z$¢ 52fi2.2.Q6 5242,423 511¢,$94
R
id
i
l
Nom
es
mt
a
New commercial $ 31,608 $ 19,1 i4 $ 35,744 S 28,292 $ 33,839 S 29,155
New industrial 22,427 25,501 55,663 28,441 32,542 6,182
Other 4,545 11,600 6,792 7,855 13,744 8,262
Additions, alterations ~ 5~¢
9.530 11_475 15_677 9_153 1213Q
_
Total Non-residential S 65.106 S 65.805 5),09.674 $ 80.264 5_$Q,2ZZ S 55=729
Total Valuation $207.578 x.454 5310.958 5342.470 $341.700 ~~
N .
Ili
f N
b
D I i
m
o
w
w
Single-family dwelling a
na
1,726 2,526 1,961
2,077
1,656
542
Multi-family dwe8ing 512 1.191 1$3 ~.Ql L44Z• 351
Total Units j,}g$ g,}~ 2.244 y,$j,~ ~} $yZ
Source: Security Pack Bank, "Calffomia Construction Trends", 1985-1986. Economic
Sciences Corporation 1987-1990.
B-6
Table C-6 set forth assessed valuation of property for the City of Rancho Cucamonga.
TABLE C-6
CTTY OF RANCHO CUCAMONGA
Assessed Valuation History 1986/87 - 1990191
Before Redevelopment Adjustments
1986/87 $2,678.753,824 $311,258,610 $151,427,130 $3,141,439.564
1987/88 3,276,453,488 311,545,190 175.043,138 3,763,041,816
1988/89 3,842,089,811 6,603,300 212,624,063 4,061,317,174
1989/rJ0 4,613,563,132 6,481,996 251,517,317 4,871,562,445
1990NI 5,514,842,348 11,789,655 302,448,845 .5,829.080,848
Source: California Municipal Statistics Inc.
Public UliliEes and Services
Police protection is contracted from the San Bernardino County Sheriffs Department. A
Sheriffs substation is located within the City limits.
Fve protection and rescue service are provided by the City-managed Fve Protection District,
which covers an area of approximately 53 square miles.
Southern California Edison Company furnishes dearicity and Southern California Gas
Company furnishes natural gas to the City.
IndusMal waste and sewer services are provided by the Chino Basin Municipal Water District
and water is famished to the City by the Cucamonga County Water District.
Telephone service is provided by General Telephone Company.
Community Facili i~
The City provides four parks and two community centers for residents.
I,iMary services are provided by the San Bernardino County f.ibrary System at a branch
library located N the City.
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Six school districts serve the msidems of the City providing local educational opportunities
from kuulergarten through junior college. Major colleges and universities are located within
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commuting distance to the City providing residents with both public and privax educational
opportunities in most of the major professions.
Transportation
Major highways and railroads traverac the City. Ontario International Airport is located
adjacent to the City's southern boundary. Sevend truck terminals are iocated nearby.
Two interstate highways vaverse the area. Interstate 10 is located south of the City's
boundary and mns east and west. Interstate 15 in the eastern section of the City mns north and
south; thus, the Pity is linked by interstate highways to all areas of the State and to other states to
the east.
Three transcontinental railroads provide freight service to the Ciry: Union Pack Railroad,
Southem Pack Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak provides
passenger service to the City.
Airline service from Onario International Airport is provided to approximately 50 cities m the
Ututed States. The airport has the capacity to serve wide-boded jet airplanes and also has
expansion capacity. Los Angeles International Airport is located approximately 40 miles to the
west of the City. The Port of Los Angeles, located approximately 45 miles to the southwest,
provides major inxmational cazgo end passenger service.
Greyhound and Continental Trailways provide transcontinental bus service. The Southem
California Rapid Transit District and Omnitrans famish intercounry and local bus service.
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elPPENDIX C
FORM OF BOND COUNSEL OPINION
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