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HomeMy WebLinkAbout1995/07/05 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. July 5, 1995 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, CA 91730 City Councilmembers William J. Alexander, Mayor Rex Gutierrez, Mayor Pro Tem Paul Biane, Councilmember James V. Curatalo, Councilmember Diane Willjams, Councilmember Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 City Council Agenda July 5, 1995 PAGE 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 City Clerk°s Office receives all such items. 1. Roll Call: A. CALL TO ORDER Alexander Biane , Curatalo Gutierr~z , and Williams B. ANNOUNCEMENTS/PRESENTATIONS Presentation of $500.00 from Target Stores to the Rancho Cucamonga Cdme Prevention Unit for Shoplifting Prevention Education. C. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. D. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. Approval of Minutes: June 7,1995 June 8,1995 June 14,1995 Approval of Warrants, Register Nos. 6/14/95 and 6/21/95; and Payroll ending 6/15/95 for the total amount of $1,442,976.60. Approval to appropriate funds from Fund Balance and authorize the advertising of the "Nob Inviting Bids" for the construction of Base Line road Temporary Widening and Rehabilitation, from Day Creek Channel to Victoda Park Lane, to be funded from Transportation Systems Development Fund Account No. 22-4637-9306 and S.B. 140 Fund, Account No. 35-4637-9306. l0 City Council Agenda July 5, 1995 PAGE RESOLUTION NO. 95-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF BASE LINE ROAD TEMPORARY WIDENING AND REHABILITATION, FROM DAY CREEK CHANNEL TO VICTORIA PARK LANE, IMPROVEMENT PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS Approval of Extension of Comcast Cable T.V. Franchise. RESOLUTION NO. 91-012U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA Approval of summan/vacations of portions of vadous excess City rights-of- way located on 24th Street, 25th Street and Center Avenue and ordedng the annexation to Landscape Maintenance Distdct No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for DR 95-03, located within the Northtown Area along 24th Street, 25th Street and Humboldt Avenue, east of Hermosa Avenue, submitted by Northtown Housing Development Corporation. RESOLUTION NO. 95-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY. TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DR 95-03 RESOLUTION NO. 95-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATIONS OF PORTIONS OF VARIOUS EXCESS RIGHTS-OF-WAY, LOCATED ON 24TH STREET, 25TH STREET AND CENTER AVENUE 11 15 16 17 19 22 City Council Agenda July 5, 1995 PAGE 10. Approval to execute Improvement Agreement, Improvement Securities and ordedng the annexation to Landscape Maintenance Distdct No. 3B and Street Lighting Maintenance District Nos, 1 and 6 for DR 95-09, located on the northeast comer of Fourth Street and Archibald Avenue, submitted by Frito- Lay, Inc. RESOLUTION NO. 95-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW NO. 95-09 RESOLUTION NO. 95-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 95-09 Approval of a resolution authorizing agreements with the California Highway Patrol for participation in training programs. RESOLUTION 95-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AGREEMENTS BETWEEN THE CITY AND THE STATE OF CALIFORNIA, DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, AUTHORIZING PARTICIPATION BY THE POLICE DEPARTMENT IN TRAINING PROGRAMS ADMINISTERED BY THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL Approval to execute an agreement to co-sponsor concerts with Acts Concerts (CO 95-024) at Rancho Cucamonga's Epicenter. (Continued from June 27, 1995) Approval to execute a Cooperative Agreement (CO 95-025) with the County of San Bernardino for participation in the County's Home Consodium. Approval to award and authorization for execution of contract (CO 95-026) for Calaveras Street Improvements, from Arrow Route to Ninth Street, for the amount of $160,938.80 ($146,328.00 plus 10% contingency) to be funded from CDBG Account No. 28-4637-9115 to Gentn/Brothers. 36 38 39 42 43 44 52 53 City Council Agenda July 5, 1995 PAGE 11. Approval to execute Improvement Agreement Extension for Tract 13759, located on the west side of Haven Avenue, south of Victoda Street, submitted by Fu Mai Limited. RESOLUTION NO. 95-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13754 57 59 E. CONSENT ORDINANCES The following Ordinances have had duly advertised public hearings on June 21, 1995. The first reading is expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 95-01 NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street, east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-O62-01. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 95-01 - NORTHTOWN HOUSING DEVELOPMENT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street, east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. ORDINANCE NO. 541 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT NO. 95-01, CHANGING THE DEVELOPMENT DISTRICTS MAP FROM INDUSTRIAL PARK TO LOW MEDIUM RESIDENTIAL FOR 1.38 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01 60 E1 60 City Council Agenda July 5, 1995 PAGE 5 ORDINANCE NO. 542 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 95-O1 REMOVING FROM THE INDUSTRIAL AREA SPECIFIC PLAN LAND USE MAP 1.38 ACRES DESIGNATED INDUSTRIAL PARK (SUBAREA 17) LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01 The following Ordinance had a duly advertised public hearing on May 17, 1995. The second reading is expected to be routine and non-controversial. It will be acted upon by the Council at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. , CONSIDERATION OF A RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON CHURCH STREET FROM PEPPER STREET TO ARCHIBALD AVENUE: AND A SPEED LIMIT OF 35 MPH ON MORNING PLACE AND VINTAGE DRIVE FROM BANYAN STREET TO MILLIKEN AVENUE ORDINANCE NO. 540 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMAONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS 65 69 70 F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE OF A NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED $25 MILLION TO PROVIDE FOR THE FINANCING OF CERTAIN MULTI-FAMILY HOUSING PROJECTS (Continued from June 27, 1995) 75 City Council Agenda July 5, 1995 PAGE 6 RESOLUTION NO. 95-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZNG THE ISSUANCE OF A NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO PROVIDE FINANCING FOR CERTAIN MULTI-FAMILY HOUSING PROJECTS, APPROVING A FORM OF LOAN AGREEMENT AND THE PLEDGE BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF CERTAIN TAX INCREMENT MONEYS AND OTHER MATTERS RELATING THERETO 77 G. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No Items Submitted. H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. No Items Submitted. I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They am not public hearing items, although the Chair may open the meeting for public input. CONSIDERATION OF AMENDMENTS TO CHAPTER 8.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATING TO TAXICABS CONSIDERATION OF LIBRARY AD HOC COMMITTEE'S RECOMMENDATIONS TO FILL LIBRARY BOARD VACANCIES (Oral Report) 81 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. City Co ~ncil Agenda July 5, 1995 PAGE K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTNE SESSION TO DISCUSS: (A) LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE ROBERT DOMINGUEZ, ADMINISTRATNE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS; AND (B) PROPERTY PER GOVERNMENT CODE SECTION 54956.8, LOCATED AT 9591 SAN BERNARDINO RD, CUCAMONGA COUNTY WATER DISTRICT AND LARRY HENDERSON, PRINCIPAL PLANNER, NEGOTIATING PARTIES; REGARDING TERMS OF PAYMENT. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 29, 1995, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 7, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES ReQular Meetina A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, June 7, 1995, in the Council Chambers of the Civic Center, located at 10500 Civic Center Ddve, Rancho Cucamonga, California. The meeting was called to order at 7:07 p.m, by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Willlares, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Redevelopment Manager; Brad Buller, City Planner; Alan Warren, Associate Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Robert Dominguez, Administrative Services Director; Susan Stark, Finance Officer; Marti Higgins, Disaster Preparedness Manager; Deborah Clark, library Manager; Duane Baker, Assistant to the City Manager; Susan Mickey, Management Analyst I; Capt. Ron Bieberdorf, Rancho Cucamonga Police Department; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of Proclamations to Sally Timms and her Search Dog Jethro and Sharon Gattas and her Search Dog Dauger, for Outstanding Service in the Rescue Effort of the Federal Building in the Oklahoma City Bombing. Mayor Alexander presented the Proclamations to Sharon Gattas and Sally Timms. Sharon Gattas thanked the Council and stated they were glad to be able to put their training to use and help out. Sally Timms stated she is glad to be able volunteer for Rancho Cucamonga and help out in Oklahoma. B2. Mayor Alexander presented the GFOA award to Susan Stark for excellence in financial reporting. Susan Stark thanked the staff and department heads for making her job easier. City Council Minutes June 7, 1995 Page 2 C. COMMUNICATIONS FROM THE PUBLIC C1. Steve Jennings, 12335 Sweetgum, asked that cable television be placed on the agenda for discussion. He pointed out that the cable is increasing in rates and yet they are not getting quality service. He stated he does get good response by the cable company, but that once something is fixed it does not stay fixed. He stated the cable people tell him their equipment is not good quality. He felt he should be reimbursed when the cable goes out for the whole day. He did not feel he should have to pay for the PEG channel when it is not working at the present time. He stated he was told the Council would sit beck and see how the cable company does instead of holding the reins on them. He stated he was told he could not have an antenna on his roof per his CC&R's, yet people in his neighborhood are still puffing them up, He asked that this matter be agendized for the next meeting. C2. John Campbell, 6620 Santolina, complimented the staff on the Filippi Winery project and felt it was very good. He complimented the City for what had been done with the Library. He also asked for the cable issue to come back on the agenda at a future meeting because of the increasing cost for the service. He did not agree with how cable is a monopoly instead of various companies to choose from. He stated he would like to see televising of Council meetings. He thanked the Council for their work they do all the time in the City. C3. Sean Hogue, Marks Cablevision, stated he would do anything to rectify their problems and that they would like to get with those that just spoke. He stated he is willing to meet with them to work out their problems. He also felt they should not have to pay for a service they are not receiving. He continued to explain fiberoptics and why there have been rate increases. Mayor Alexander stated this should come back at the next Council meeting for discussion. C4. Marcus Solomon, 2504 College, Berkely, and also a resident of Rancho Cucamonga, distributed some material to the Council regarding his classes from school. He stated he is trying to get skateboarders more into reading and what he is doing to promote this. He asked that the Council oppose Prop 187. Councilmember Williams stated she liked the idea of the literacy program for the skateboarders. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 5/10/95 and 5/17/95; and Payroll ending 5/4/95 and 5/18/95 for the total amount of $1,652,410.41. D2. Approval of Historic Landmark Designation 95-01 - David R. Moore, and consideration of an application to designate the Kincaid Ranch as a Local Landmark, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Alternation Permit 95-02 and Mills Act Agreement 95-02. RESOLUTION NO. 95-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVING HISTORIC LANDMARK 95-01 DESIGNATING THE KINCAID RANCH HOUSE, LOCATED AT 9449 NINTH STREET, AS A LANDMARK - APN: 209-032-21 D3. Approval of Mills Act Agreement 95-02 - David R. Moore - to execute a Mills Act Contract with David R. Moore for the restoration of the Kincaid Rancho House, a designated local landmark, located at 9449 Ninth Street - APN: 209-032-21. City Council Minutes June 7, 1995 Page 3 D4. Approval of Mills Act Agreement 95-01 - Wesley and Dorothy West - to execute a Mills Act Contract with Wesley and Dorothy West for the restoration of the G.P. Ledig House, a designated local landmark, located at 5759 Hellman Avenue - APN: 1062-071-24. D5. Approval to execute the Operation Area Development Agreement (CO 95-016) between San Bernardino County and the City of Rancho Cucamonga, according to the new Statewide Standardized Emergency Management System (SEMS) requirement. D6. Approval of a request to enter into a Memorandum of Understanding (CO 95-017) for the purpose of developing and implementing a Habitat Conservation Plan to conserve wildlib and plant species of concern in the San Bernardino Valley. D7. Approval to execute the Improvement Agreement and Security for the Dunlop Tire Facility located within the City of Ontado on the south side of Fourth Street east of Santa Anita Avenue, submitted by Catellus Development Corporation. RESOLUTION NO. 95-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND SECURITY FOR THE DUNLOP TIRE FACILITY LOCATED WITHIN THE CITY OF ONTARIO D8. Approval to execute Improvement Agreement Extension for Tract 13281 located on the northwest corner of Base Line Road and Rochester Avenue, submitted by Brock Homes. rESOLUTION NO. 95-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13281 D9. Haven Avenue at Amber Lane, submitted by Sheffield Homes. RESOLUTION NO. 95-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13703 Approval to execute Improvement Agreement Extension for Tract 13703 located on the west side of D10. Approval to execute Improvement Agreement Extension for Tract 13851 located on the northeast corner of Wilson Avenue and Canistel Avenue, submitted by Pacific International Development, Inc. RESOLUTION NO. 95-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13851 D11. Approval of Improvement Agreement Extension for Tract 14407 located on the southwest corner of Base Line Road and Mountain View Drive, submitted by Lewis Homes. City Council Minutes June 7, 1995 Page 4 RESOLUTION NO. 95-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14407 D 12. Approval to accept Improvements, Release of Bonds and Noljce of Completion for Tract 14121 located on the northwest corner of Milliken Avenue and Kenyon Way. Release: Faithful Performance Bond (Street) Accept: Maintenance Guarantee Bond (Street) $459,800.00 45,980.00 RESOLUTION NO. 95-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 14121 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D13. Approval to Release Maintenance Guarantee Bonds for Tract 13930 located on Wilson Avenue at Hellman Avenue. Release: Maintenance Guarantee Bond (Street) Maintenance Guarantee Bond (Storm Dr) Maintenance Guarantee Bond (Utilities) $ 29,700.00 56,400.00 19,000.00 D14. Approval to Release Maintenance Guarantee Bonds for Tract 14192-1 located on the east side of Hellman Avenue south of 19th Street. Release: Maintenance Guarantee Bond (Street) $ 75,900.00 D15. Approval to Release Maintenance Guarantee Bond for Parcel Map 12959-1 located on the southeast corner of Arrow Highway and White Oak Avenue. Release: Maintenance Guarantee Bond (Street) $ 134,000.00 MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations in the staff reports contained in the Consent Calendar. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES El. CONSIDERATION OF A RECOMMENDATION TO ESTABLISH A SPEED LIMIT OF 35 MPH ON CHURCH STREET FROM PEPPER STREET TO ARCHIBALD AVENUE; AND A SPEED LIMIT OF 35 MPH ON MORNING PLACE AND VINTAGE DRIVE FROM BANYAN STREET TO MILLIKEN AVENUE Debra J. Adams, City Clerk, read the title of Ordinance No. 540. City Council Minutes June 7, 1995 Page 5 ORDINANCE NO. 540 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Moved by Biane, seconded by Williams to waive full reading and approve Ordinance No. 540. Motion carded unanimously, 5-0. No items were submitted. No items were submitted. No items were submitted. No items were submitted. F. ADVERTISED PUBLIC HEARINGS G. PUBLIC HEARINGS H. CITY MANAGER'S STAFF REPORTS I. COUNCIL BUSINESS J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communications were made from the public. City Council Minutes June 7, 1995 Page 6 L. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Biane to recess to an ExecuWe Session to discuss (A) Property per Government Code 54956.8, located at the southwest corner of Foothill Blvd and Rochester Avenue; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties, regarding terms of payment; and (B) Labor Negotiations per Govemment Code Section 54957.6 to give Robert Dominguez, Administrative Services Director, direction in regards to the meet and confer process; and for Executive Session to adjourn to a Budget Adoption meeting on June 8, 1995, 5:00 p.m. to be held in the Council Chambers. Motion carried unanimously, 5-0. The meeting recessed at 7:41, not to reconvene. No action was taken in Executive Session. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: June 8, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meetinn A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Thursday, June 8, 1995 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:19 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Willjams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Jerry B. Fulwood, Deputy City Manager; Linda D. Daniels, Redevelopment Manager; Robert Dominguez, Administrative Services Director; Susan Stark, Finance Officer; Rose Colum, Accountant; Ingdd Blair, GIS Supervisor; Larry Henderson, Principal Planner; Gail Sanchez, Planning Commission Secretary; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Suzanne Ota, Community Services Manager; Paula Pachon, Management Analyst II; Kathy Sorensen, Recreation Superintendent; Deborah Clark, Library Manager; Chief Dennis Michael, Deputy Chief Bob Corcoran and Administrative Services Officer Alex Ahumada - Rancho Cucamonga Fire Protection District; Captain Ron Bieberdorf, Rancho Cucamonga Police Department; Duane Baker, Assistant to the City Manager; Susan Mickey, Management Analyst I; and Debra J. Adams, City Clerk. B. ADVERTISED PUBLIC HEARINGS B1. ADOPTION OF FISCAL YEAR 1995/96 BUDGET AND ARTICLE XIII-B APPROPRIATIONS LIMIT Staff report presented by Jack Lam, City Manager. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the titles of Resolutions No. 95-089 and 95-090. RESOLUTION NO. 95-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE CITY'S FISCAL YEAR 1995/96 BUDGET City Council Minutes June 8, 1995 Page 2 RESOLUTION NO. 95-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIII-B OF THE CALIFORNIA STATE CONSTITUTION FOR FISCAL YEAR 1995/96 MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution Nos. 95-089 and 95-090. Motion carded unanimously, 5-0. C. ITEMS OF DISCUSSION C1. CONSIDERATION OF A RESOLUTION TO ENACT AN AGREEMENT ('CO 95-017) FOR FUNDING FIRE PROTECTION SERVICES DURING FISCAL YEAR 1995/96 Staff report presented by Jack Lam, City Manager. Debra J. Adams, City Clerk, read the title of Resolution No. 95-091. RESOLUTION NO. 95-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ENTRY INTO AN AGREEMENT FOR FUNDING OF FIRE PROTECTION SERVICES WITHIN THE CITY LIMITS OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA MOTION: Moved by Biane, seconded by Gutierrez to approve Resolution No. 95-091. Motion carded unanimously, 5-0. C2. CONSIDERATION OF A RESOLUTION TO ADOPT A UTILITY USER TAX REDUCTION FORMULA Staff report presented by Jack Lam, City Manager. Debra J. Adams, City Clerk, read the title of Resolution No. 95-092. RESOLUTION NO. 95-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AUTHORIZING ENACTMENT OF A FORMULA FOR ULTIMATE REDUCTION AND ELIMINATION OF THE UTILITY USER'S TAX IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA Mayor Alexander opened the meeting for public input. Addressing the City Council was: Gary Christian, President of the Rancho Cucamonga Chamber of Commerce, read a Resolution adopted by the Chambers Board of Directors on June 7, 1995, which is also on file in the City Clerk's office. He stated he felt the Council should take a more aggressive approach beyond the 25% and that this amount is a little conservative. The Chamber felt it should be 50%. There being no further comments, public input was closed. City Council Minutes June 8, 1995 Page 3 Mayor Alexander stated if there is any way the tax can be reduced more than 25% then he would be in favor of it. Councilmember Williams said she would go along with this as long as it can be addressed every year. She felt it should actually be looked at every six months. Councilmember Gutierrez stated he wishes the City could be more aggressive with the lowering of the tax. Councilmember Biane stated he agreed with previous comments made by Mayor Alexander and Coundlmembers Gut~errez and Williams, but because of item C3 to be heard next, that is why the Council can't be more aggressive with the lowering of the utility tax. He stated he supported this Resolution. Councilmember Curatalo felt this was a good plan and that he supported what has been said. MOTION: Moved by Williams, seconded by Biane to approve Resolution No. 95-092. Motion carried unanimously, 5-0. C3. APPROVAL OF A RESOLUTION OPPOSING ENACTMENT OF ADDITIONAL 6% OVERHEAD CHARGE ON LAW ENFORCEMENT CONTRACT BY SAN BERNARDINO COUNTY (ADDENDUM) Staff report presented by Jack Lam, City Manager. He added that the Chamber also supports this. Mayor Alexander opened the meeting for public input, Addressing the City Council was: Gary Chris~an, President of the Rancho Cucamonga Chamber of Commerce, read another Resolution into the record that had been adopted by the Chamber Board which is on file in the City Clerk's office. There being no further comments, public input was closed. RESOLUTION NO. 95-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OPPOSING THE ADDITION OF A 6% OVERHEAD CHARGE ON LAW ENFORCEMENT CONTRACT BY THE COUNTY OF SAN BERNARDINO MOTION: Moved by Biane, seconded by Williams to approve Resolution No. 95-093. Motion carried unanimously, 5-0. D. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes June 8, 1995 Page 4 E. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to a workshop to discuss fire sprinklers on Wednesday, June 14, 1995, 5:30 p.m. in the Td-Communffies Conference Room located at 10500 Civic Center Drive, Rancho Cucamonga, Califomia. Motion carded unanimously, 5-0. The meeting adjourned at 5:41 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: June 14, 1995 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adjourned Meeting A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Wednesday, June 14, 1995, in the Tri Communities Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:38 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Rex Gutierrez, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Marksman, Legal Counsel; Chief Dennis Michael and Deputy Fire Marshal Ralph Crane, Rancho Cucamonga Fire Protection District; Bill Makshanoff, Building Official; Jim Martin, Plan Check Coordinator; John Thomas, Sr. Plans Examiner/Fire; Joe O'Neil, City Engineer; and Debra J. Adams, City Clerk. B. ITEM OF DISCUSSION 1. DISCUSSION OF RESIDENTIAL FIRE SPRINKLER ORDINANCE Jack Lam, City Manager, stated the purpose of the meeting is to inform the City Council about the Fire Sprinkler Ordinance and have discussion on it. Bill Makshanoff, Building Official, gave staff presentation. Chief Dennis Michael, Rancho Cucamonga Fire Protection District, presented additional information on this subject. Mayor Alexander opened the meeting for public comment. Addressing the City Council were: Frank Williams, Executive Director of the Building Industry Association, stated he is here to ask the City Council to repeal the Ordinance. He stated they are not opposed to residential fire sprinklers, but felt it should be left up to the homeowner to decide on this matter. He did not feel fire sprinklers would cut back on fire services needed. He also distributed a handout on reducing local fire expenditures. He also distributed the Baldy View Bulletin of May 1995 which had an article on fire sprinklers. He stated he is not here to debate if sprinklers are good or bad, but should the homeowner be able to decide for themselves about the sprinklers being installed in their homes. Councilmember Gutierrez asked why Upland repealed their Ordinance. Frank Williams stated for all of the reasons he has mentioned tonight and that they felt the homeowners should make their own decision on this matter. Councilmember Curatalo asked if Mr. Williams would consider any other cost other than "0" figure. Mr. Williams stated that is what it should be. He stated cost is a big issue. City Council Minutes June 14, 1995 Page 2 Councilmember Curatalo asked if he would go for it with a "0" cost. Mr. Willjams stated if the Council does not repeal the Ordinance he would be happy if the cost is "0". Councilmember Williams asked if he expects for the City to pay for the installation. Mr. Williams suggested there could possibly be fee credits and other ways to cover this. Councilmember Gutierrez stated that at a previous meeting it was discussed about how many deaths had occurred in residential fires. Chief Michael gave statistics on fires in 1993. He stated the last death was several years ago. Mr. Williams stated he is only talking about single family detached when making his points. Councilmember Gutierrez stated he is having a hard time comprehending why anyone can say sprinklers are saving lives over smoke detectors. Chief Michael stated that more equipment, etc. is sent out on a fire call because of knowing there are not fire sprinklers in order to take care of the problem. Councilmember Gutierrez stated he was concerned about the number of deaths due to smoke inhalation. The Council inquired as to the cost for a residential fire sprinkler system. John Thomas, Sr. Plans Examiner/Fire, presented information that it would cost from $ .55 to $ .67 per square foot for homes between 1,500 and 3,000 square feet. Other costs have been quoted at $ .51 to $ .71 per square foot to $ .55 to $ .63 per square foot for a tract home. Councilmember Curatalo stated he is concerned about the cost, but it was the safety factor that he is most concerned about and that is his priority. Ralph Crane, Deputy Fire Marshal, presented information on "Chart for'Time vs. Products of Combustion". Councilmember Gutierrez stated he did not feel there were enough stats to make a comparison if residential fn'e sprinklers were effective. Mayor Alexander stated he knows the BIA is out for the best of the community. He stated unless you have more fire fighters and more stations, you are not going to get the same protection as if there are residential lure sprinklers. He felt the City needs to look into water pressure and the cost for residential fire sprinklers. He did not think there should be a charge for plan check fees for residential fire sprinklers. Councilmember Curatalo felt Mayor Alexander had a good idea and was in favor of working towards a "0" cost as Mr. Williams stated. Councilmember Biane stated he feels residents should have the choice if they want the sprinklers or not and that of all the Realtors he has talked to, they have never been told by a buyer that they want residential fire sprinklers. City Council Minutes June 14, 1995 Page 3 Mayor Alexander stated he felt the City took a major step when they adopted this Ordinance and did not feel the Council should take a step backwards. John Lyons talked about when he was on the Foothill Fire Board and gave stab of fires during that time period. He reported of a fire that took place years ago and that if there had been residential fire sprinklers lives would have been saved. Russ Blewitt, immediate past president of the BIA, stated he felt residential fire sprinklers were a waste of money. Gary Kendric felt it was inconceivable to repeal the Ordinance. He felt the Ordinance should be left as is and did not feel the cost was that great. James Marksman, City Attomey, stated he has been threatened that Rancho Cucamonga would be sued if the Ordinance is not repealed. He stated Upland gave in because of a lawsuit in Vallejo where the City lost and that is why Upland gave in. He stated there has been another lawsuit in Livermore and that the information has been given to City staff regarding this. He felt in the end that Livermore will be given the authority to keep the Ordinance, but that it is not definite at this time. He stated it is an open legal issue at this time and that there has been no appeal filed as yet. Councilmember Curatalo asked how long it would take before this case is decided for sure. James Marksman, City Attorney, stated about one year. John Roberts, City Councilmember in Fontana, stated he has sprinklers in his home and that Fontaria has had a fire sprinkler Ordinance since 1986. He stated after the first six months it had been approved, they never heard any complaints about it. He stated Fontana is looking out for the best interests of the citizens. Councilmember Gutierrez stated he feels this is an unfunded mandate and did not agree with this. He felt the City was being hypocritical by enforcing this. He stated he did not want to push this on anyone else because of the statistics presented for Rancho Cucamonga. Councilmember Wi!liams stated she agreed with Councilmember Gutierrez. She stated until the state mandates this, she did not feel the City should require this, and felt if the City does keep enforcing this, it is being hypocritical. She stated after calling insurance companies and asking what kind of discount one might get for having residential fire sprinklers, she was told only about $5.00. She stated she felt the energy should be placed towards the state to put this in the state building codes. Mayor Alexander stated he felt this was a giant step backwards by getting rid of this Ordinance. Councilmember Curatalo stated he felt this was a money issue, but also felt it was a safety issue. He felt if one child dies because of getting rid of this Ordinance, he would never be able to live with himself. He felt it was his job to work for the safety of the residents. He felt it was hypocritical to repeal the Ordinance. He stated he felt cost should be worked on to help satisfy the BIA's concerns on this. Mr. Roberts, Fontana City Council, stated his Council has always looked up to Rancho Cucamonga and felt they were the "jewel of the Inland Empire", and were proud to be our neighbor. He added he is surprised that the Council would take a step backwards by repealing this Ordinance. City Council Minutes June 14, 1995 Page 4 Councilmember Gutierrez reiterated that this is an unfunded mandate and did not agree with the Ordinance. Councilmember Blanc stated he is still wanting to give people the option of doing what they want to and did not agree with this mandate. He did feel people should be given an option when purchasing a home under construction, and that the wording needed to be looked at with the developers. Councilmember Gutierrez felt hillside property should be considered differently in this Ordinance. MOTION: Moved by Alexander, seconded by Curatalo not to repeal the Ordinance, but to work with staff and the BIA to lower the cost. Motion failed 2 -3 (Blanc, Gutierrez, Williams voted no). MOTION: Moved by Gutierrez, seconded by Blanc to direct staff to go back to modify the Fire Sprinkler Ordinance, to make it optional to mandate that builders offer that amenity and that we investigate the size for location of structures, i.e., on hillsides that should have sprinklers, and that we conduct the appropriate hearing to that effect. Motion carried 3-2 (Alexander, Curatalo voted no). Jack Lam, City Manager, added that staff has made a good faith effort to work with the BIA and that he has received reports from the staff whenever the City and the BIA have met. Councilmember Gutierrez stated he hoped that staff would have ideas to mitigate the issues. Jack Lam, City Manager, stated the main issue is the "0" cost factor. He stated the staff has never stated they would not meet with the BIA. C. COMMUNICATIONS FROM THE PUBLIC C 1. John Lyons stated that he did not agree with this action, and felt the City now will need more fire stations. C2. Russ Blewitt stated the BIA is constantly making homes safer. D. ADJOURNMENT MOTION: Moved by Gutierrez, seconded by Willjams to adjourn to executive session to discuss property negotiations per Government Code 54956.8 located at the southwest comer of Foothill Blvd. and Rochester Avenue; Valley Baseball and Jerry Fulwood, Deputy City Manager, negotiating parties, regarding terms of payment. Executive session would adjourn to Wednesday, June 21, 1995, 4:30 p.m. to meet at City Hall and then go to the North Town neighborhood for a tour. Motion carried unanimously 5-0. The meeting adjourned at 8:10 p.m. No action was taken in executive session. Respectfully submitted, Debra J. 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RECOMMENDATION: It is recommended that the City Council appropriate funds from fund balances of the Transportation Systems Development Fund and the S.B. 140 Fund in the amounts $340,000.00 and $50,000.00, respectively, to be placed into Account Nmbers 22-4637-9306 and 35-4637-9306, respectively. Also, it is recommended that the City Council approve plans and specifications for the construction of Base Line Road Temporary Widening and Rehabilitation, from Day Creek Charmel to Victoria Park Lane, and approve the attached resolution authorizing the City Clerk to aclv,~'tis~ the "Notice Inviting Bids." BACKGROUND/ANALYSIS: The project was initially included in the FY 94/95 budget Utility delays prevented staff from completing the plans and specifications. The subject project plans and specifications have now been completed by staff and approved by the City En~neer. The Engineer's estimate was $275,000. Legal advertising is scheduled for July 12 and July 19, 1995, with the bid opening scheduled for Tuesday, August 1, 1995 at 2:00 P.M. Respectfully submitted, WJO:MDL:dlw ~Anachment .j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF BASE LINE ROAD TEMPORARY WIDENING AND REHABILITATION, FROM DAY CREEK CHANNEL TO VICTORIA PARK LANE, IMPROVEMENT PROJECT IN SkID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "The Construction of Base Line Road Temporary Widening and Rehabilitation, from Day Creek Channel to Victoria Park Lane". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITI'NG SEAI.ED RIDS OR PROPOSAI.S" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said the City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 P.M. on August 1, 1995, sealed bids or proposals for the "The Construction of Base Line Road Temporary Widening and Rehabilitation, from Day Creek Channel to Victoria Park Lane" in said City. Bids will be publicly opened and reed in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City ofRancho Cucamonga, California, marked, "Bid for Construction of "Base Line Road Temporary Widening and Rehabilitation, from Day Creek Channel to Victoria Park Lane". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in' the locality in which the public work is performed, and not less than the general prevailing rote of per diem wages for holiday and overtime work. In that regard, the Dh'ector of the Department of industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucarnonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. /I Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rote of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subconWactor under him, in violation of the pro- visions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as mended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to joumeymen in such cases shall not be less than one to five except: When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial relations, ex-officio the Administrator of Apprenticeship, San Francisco, 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, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay Iravel 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 collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cask cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an mount equal to at least ten percent (10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The mount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Con .tnctor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractors licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including but not limited to a Class "A" License (General Engineering Contractor) or Class "LICENSE" in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 el. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code", Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of $35.00 (THIRTY-FIVE), said $35.00 (THIRTY-FIVE) is nonrefundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of $ 15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contmctor's sole cost and expense, substitute authorized securities in lieu of monies withheld (,performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 5th day of July, 1995. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 5th day of July, 1995. William J. Alexander, Mayor ATTEST: Debbie J. Adams, City Clerk ADVERTISE ON: July 12 and July 19, 1995 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Susan Mickey, Management Analyst I ./~-,; EXTENSION OF COMCAST CABLE T.V. FRANCHISE RECOMMENDATION Adoption of Resolution No. 91-012U extending Comcasrs Franchise License for 90 days. BACKGROUND The City staff would appreciate the opportunity to continue with the negotiations with Comcast to insure that even/opportunity has been made available to Comcast to obtain a Franchise License. SM:jls Attachment /5 RESOLUTION NO. 91-012U A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE T.V. FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCHO CUCAMONGA WHEREAS, the Franchise License granted to Comcast Cable T.V. by the County of San Bernardino and grandfathered into the City of Rancho Cucamonga will expire on July 15, 1995; and WHEREAS, nego'daljons am ongoing between the City of Rancho Cucamonga and Comcast Cable T.V.; and WHEREAS, all terms and conditions of the current license will continue the same. NOW, THEREFORE, the City Coundl of the City of Rancho Cucamonga does hereby resolve to extend the Franchise License for 90 days after the expiration of the current County of San Bernardino License. f CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~Neil, City Engineer Willie Valbuena, Assistant Engineer SUMMARY VACATIONS OF PORTIONS OF VARIOUS EXCESS CITY RIGHTS-OF-WAY LOCATED ON 24TH STREET, 25TH STREET AND CENTER AVENUE AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR DR 95-03, LOCATED WITHIN THE NORTHTOWN AREA ALONG 24TH STREET, 25TH STREET AND HUMBOLDT AVENUE, EAST OF HERMOSA AVENUE, SUBMITTED BY NORTHTOWN HOUSING DEVELOPMENT CORPORATION RRCOMM1;'.NDATION: It is recommended that the City Council adopt the attached resolutions approving the summary vacations of portions of various excess City fights-of-way, located on 24th Street, 25th Street and Center Avenue, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 and authorizing the Mayor and the City Clerk to sign said resolutions and to cause said vacations to record. BACKGROLrNBIANAI .YSIg DR 95-03, located within the Northtown area along 24th Street, 25th Street and Humboldt Avenue, east of Hermosa Avenue, in the Low Residential District, was approved by the Planning Commission on March 8, 1995. This project is for the construction of single-family residences on 12 infill lots. The Redevelopment Agency is providing the guarantee for the completion of the off-site street improvements fronting the 12 infill lots in the following amounts: Faithrid Performance Bond: Labor and Materials Bond: $24,200.00 $12,100.00 CITY COUNCIL STAFF REPORT DR 95-03 July 5, 1995 Page 2 The Developer, Northtown Housing Development Corporation, is requesting that the City vacate portions of various excess rights-of-way along 24th Street, 25th Street and Center Avenue (see Map V-134 and Exhibits "A-I" through "A-6" and "B-I" through B-6" respectively) The original North Cucamonga Map recorded in April 1887 provided 80-feet wide street dedications for said streets while the City standard street dedication for local streets is 60 feet wide. The Planning Commission found the vacations to be consistent with the General Plan. Section 8334a of the Streets and Highways Code states that local agencies may summarily vacate (by resolution) an excess right-of-way of a street which is no longer required for street and related purposes. A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully Submitted, William J. O~Neil City Engineer WJO:WV:sd Attachment KESOLUnON NO. C ,tS" / 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR DR 95-03 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafcer referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional terntory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached herew and incorporate! herein by this referenced to th~ Maintenance District; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CrYY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals axe all true and correct SECTION 7: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all futun proceedings of the Maintenance District, including the levy of all assessments, shall be applicable to the terntory annexed hereunder. /7 EXHIBIT 'A' ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0.1 STREET LIGHTING MAINTENANCE DISTRICT NO S. 1 AND 2 4 ~'A. CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA STREET I.IGHTS: Dist. 5800L S1 s2 4 l .ANDSCAPING: EXHIBIT "B" WORK PROGRAM PROJECT: DR 95-03 NUMBER OF LAMPS 16.000I. 22.0001. Community Equestrian Trail Turf Dist. D,G,S,F, S,F, L1 27.500I, Non-Turf S.F. Trees Ea. 19 ASSESSMENT UNITS: Assessment Units By Dis~ct Parcel DU S 1 S2 L 1 N/A 12 12 12 12 7/5/95 RESOLUTION NO. q.5- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATIONS OF PORTIONS OF VARIOUS EXCESS RIGHTS-OF-WAY LOCATED ON 24TH STREET, 25TH STREET AND CENTER AVENUE WHEREAS, by Chapter 4, Article 1, Section 8334a, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate portions of street easements as excess fights-of-way hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that said street easements are no longer required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby makes its order vacating those portions of street easements as excess rights-of-way on Map V- 134, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in legal descriptions and sketches which are attached hereto, marked Exhibit "A-1" through "A-6" and "B-1" through "B-6" respectively, and by references made parts thereof. SECTION ?: That the subject vacations shall be subject to the reservations and exceptions, if any, for existing utilities on record. SECTION 3: That from and after the date this resolution is recorded, said portions of excess rights-of-way located on 241h Street, 251h Street and Center Avenue no longer constitute as street easements. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bemardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. I t;n'x' OF RANCHO CUCAMONGA EtG~ntG DIVI210N MAA~ V- N A.P.N. 209-10~-18 EXHIBIT Legal Description For The Vacation of 24th Street That portion of 24th Street adjoining Lot 16, of Block 59 and that portion o[ 2~th Street adjoining the westerly 1/2 of a 20.00 foot wide alley adjacent and east of said Lot l& of Block 59 of North Cucamonga, in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book 4 of Naps, Page 8, in the office of the Recorder of said County, more particularly described as follows: The northerly lO.OO feet of 2~th Street adjoining said Lot l& and the westerly 1/2 of said alley bound on the west by the southerly prolongation of the westerly line of said Lot 2~ and bound on the east by the southerly prolongation of the easterly line of the westerly of said alley. A.P.N. 209-104-18 (L~'r EXHIBIT 'B'- I 10.00'--- --- WES1TRt.YLN[ tOT 14 SOU'-tERLY UNE LOT 14 24th b EASTERLY LINE OF WESiEm,Y 1/2 OFALLEY 1 STREET V/J,: SHALL ACCOMPANY _ LEGAL .DESCRIPTION.. A.P.R. 209-111-0& KXI~IBIT 'A"-2 Legal Description For The Vacation of 2~th Street That portion of 26th Street adjoinin8 Lot 15 of Block 61 of North Cucamonga, in the City of Rancho Cucamonga, County of San Bernardino, State of California, recorded in Book & of Maps, Page 8, in the office of the Recorder of said County, more particularly described as follows: The southerly 10.00 feet of 2~th Street bound on the west by the northerly projection of the westerly line of said Lot 15, and bound on the east by the northerly projection of the easterly line of said Lot 15. A.P.N. 209-111-04 EXHIBIT 24th STREET F_ASTE]~Y UNE LOT 15 WF..:ilt.,'II.Y UNE LOT 15 - .. A.P.N. 209-111-04 EXHIBIT "A"o ~ Legal Description For The Vacation of 26th Street That portion of 24th Street adjoining Lot 13 of Block 61 of North Cucamonga, in the City of Rancho CucasonBa, County of San Bernardino, State of California, recorded in Book 4 of Naps, Page 8, in the office of the Recorder of said County, sore particularly described as follows: The southerly northerly the east 13. 10.00 feet of 24th Street bound on the west by the projection of the westerly line of said Lot 13, and bound on A~r'.N. 2~-I 11-04 (Lrr er? EXHIBIT 'B'- ~ i 24th STREET ](,AgEA t.Y ~HE: tOT 13 I LINE LOT 13 13 F_.ASTERLY UNE LOT 13 I d, el'r -"' Me. ~9223 ' ~] .................................. ¢k~~,~,Vd,C~~~~,f MAP SHALL ACCOMPANY A.P.N. 209-102-19 EXHIBIT 'A'- 4 Legal Description For The Vacation of 26th Street That portion of 26th Street adJoinir~ Lot 16 of Block 60 o[ North Cucamonga, in the City of Rancho Cucasor~a, County of San Bernardino, State of California, recorded in Book & of ~aps, Page 8, in the office of the Recorder of said County, more particularly described as follows: The northerly 10.O0 feet of 24th Street adJoinir~ said Lot 14, bound on the west by the southerly prolongation o~ the westerly line of said Lot 14, and bound on the east by the southerly prolor~ation of the easterly line of said Lot A~P.N. 209-102-19 EXHIBIT "B'- 4 1" ,- 40' It LINE LOT 14 b 14 1] F,A.~iE.R1,Y JNE LOT 1~ jSOnY LINE LOT 14 T 24th STREET r/ill,it' HAP SHALL ACCOHPANY LEGAL DESCRIPTION A.P.N. 209-104-61 EIUHBZT Legal Description For The Vacation of 26th Street and Center Avenue That portion of 2&th and Center Avenue adjoining Lots 1, 2, 3, and 6 excepting therefrom the westerly 61.00 feet of said Lots 1, 2, 3 and 4 of Block 59 of North Cucamon~a, in the City of Rancho Cucasonga, County of San Bernardino, State of California, recorded in Book 6 of Hops, Page 8 in records in the office of the Recorder of said County, sore particularly described as follows: Parcel A A strip of land 10.00 feet in width sore particularly described as follows: The northerly 10.00 feet of 26th Street adjoining said Lot 1 bound on the west by the southerly prolongation of the easterly line of the westerly 61.00 feet of said Lot 1, and bound on the east by the southerly prolongation of the easterly line of said Lot 1. Parcel B A strip of land 10.00 feet in width sore particularly described as follows: The westerly 10.00 feet of Center Avenue adjoining said Lots 1, 2, 3 and 6 bound on the north by the easterly prolongation of the northerly line of said Lot &, and bound on the south by the easterly prolongation of the southerly line of said Lot 1. Parcel C That portion of 24th Street and Center Avenue more particularly described as follows: Begirmin~ at the southeast corner of said Lot l; ~ easterly along the easterly prolongation o~ the southerly line of said Lot I a distance of 10.00 feet Sore or less to a point of int~reeetiontitb a line drawn parallel and 10.00 feet easterly (~easufed it tight an~les) with the easterly line of said Lots l, 2, ] and &; ~ Soatbbrly alon~ said parallel line a dictate 0f 2.00 E~t; ~ ]outheestjfly to a point of intersection With a lit~ dfaea patdll&l tith and 10.00 ~eet southerly, s~asttred at fight an~l&] to tb] loathfly lifts o~ ~aid Lot 1, and a line draw parallbl tith afki 2.00 ~&t ~a,t~tly, aasured at right ar~les to the easterly lt~s of ]aid tots 1, 2, J, a~d &: ~ easterly LXJlFILL 'i along said line drawn parallel to the southerly line of said Lot l, a distance of 2.00 ~eet to the poin~ of intersection eith the sott~herly projection of the easterly line of said Lo~ 1, 2, 3 and ~; TI~e(2 northerly along said Prolon~atio~ a distance of 10 O0 ~ee~ tori or less to the POINT OF B~CII~IDM. · ~IIFZM, A.P.N. 209-102-31 KXI!IBIT *A*- 6 Legal Description For The Vacation of 25th Street That portion of 25th Street adjoinin8 the northerly 1/2 of Lots 21 and 23 of Block 60 of North CucamonSa, in the City of Rancho CucamonSa, County of San Bernardino, State of California, recorded in Book & of Naps, Page 8, in the office of the Recorder of said County, more particularly described as follows: The southerly 10.00 feet of said 25th Street bound on the east by the northerly projection of the easterly line o~ said Lot 21 and bound on the west by the northerly projection of the westerly line of said Lot 23. Exceptin8 therefrom the westerly a. OO feet of said southerly lO.OO feet of said 25th Street. Also exceptin8 therefrom thet portion described as follows: Beginnin8 at a point of intersection of the northerly line of said Lot 23 with a line drawn parallel and &.O0 feet ~asterly leaanted at right anSles to the westerly line of said Lot 25; Ti~ieCR northerly alor~ the northerly projection of said parallel lins sk distance of lO.OO feet more or less to a point on the northerly line of the southerly 10.00 feet of said 25th Street; ttiil]~i easterly alon8 said lins ~ distance of 10.00 feet; ~ southwesterly a distance of 1&.14 feet ~ore or less to the A.P.N..209-102-31 ( Le,,t. ~-) EXHIBIT "B'- 6 WESTELY UHE LOt ~3~ ,, ¢o' I 25th o V&ckT1E, O o ~ -,,.. 0' ._/ P.o.e. k- >;,r,, STREET b I I NOF~HE~LY LII EASTE/~Y LOT 21 E LOTS 21 8c 23 HAP SHALL ACCOMPANY DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA - STAFF REPORT July 5, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O~eil, City Engineer Barrye R. Hanson, Senior Civil Engineer APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 95-4)9, LOCATED ON THE NORTHEAST CORNER OF FOURTH STREET 'AND ARCHIBALD AVENUE, SUBMITTED BY FRITO LAY, INC. RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions appmving DR 95-09 improvement agreement and securities, ordering the annexation to Landscape Maintenance District No. 3B and Sweet Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor and the .City Clerk to sign said agreement. BACKGROUND/ANAl ,YSIS DR 95-09, located on the northeast comer of Fourth Street and Archibald Avenue, in the General Industrial Designation (Subarea 5) of the Industrial Area Specific Plan, was appmved by the Planning Commission on May 10, 1995. This project is for the construction of a 254,607 square foot warehouse addition, an 8,190 square foot maintenance building and a 1,200 square foot lunchroom addition to an existing manufacturing facility. The Developer, Frito Lay, Inc., has submitted an improvement agreement and improvement securities to guarantee the consm~tion of the off-site improvements in the following amounts: Faithful Performance Bond: Labor and Materials Bond: $39,258.00 $19,629.00 Copies of the agreement and securities are available in the City Clerk's office. CITY COUNCIL STAFF REPORT DR 95-09 July 5, 1995 Page 2 A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully Submitted, 4---,rWilliam J. O~Neil City Engineer WJO:BRH:sd Attachments RESOLU ON NO.- / D G, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DEVELOPMENT REVIEW NO. 95-09 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on July 5, 1995, by Frito Lay, Inc., as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located northeast comer of Fourth Street and Archibald Avenue; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Development Review No. 95-09; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 95-09 WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Califomia, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hemto and incorporated herein by this referenced to the Maintenance District; and WHEREAS, all of the ownen of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the property as shown in Exhibit "A" and the work program areas as described in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance DisUict, including the levy of all assessments, shall be applicable to the terntory annexed hereunder. EXHIBIT 'A" ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE. DISTRICT NO. ~ 19 91'REET LIGHTING MAINTENANCE DIBTRICT NO. I AND 6 LiJ Z LEGEND )~ STREET LIGHT 8 EA (~) STREET TREE 36 EA. :,~ EXIStiNG STREET UGHT ,.~ EXISTING STREET TREE 4 TH STREET CITYOFRANCHOCUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA D~ 95- OY STREET LIGHTS: Dist. S1 S6 l ,ANDSCAPING: EXHIBIT "B" WORK PROGRAM PROJECT: DR 95-09 NUMBER OF LAMPS 16.000I. 27.000I, 8 Community Equestrian Trail Tuff Non-Tuff Dist. D.G.S.F. S.F. S.F. L3B 27.500I, Trees 18' + 36= 54 * Existing items installed with original project. This DR will add 8 street lights and 36 street trees. ASSESSMENT UNITS: DU or Parcel Acres N/A 35.94 Assessment U~ts Fly District" S1 S6 L3B 71.88 35.94 35.94 7/5/95 4/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T~. FROM: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION AUTHORIZING AGREEMENTS WITH THE CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN TRAINING PROGRAMS RECOMMENDATION It is recommended that the City Council adopt the attached resolution. This resolution would allow our Police Department to participate in training programs conducted by the California Highway Patrol. BACKGROUND A recent requirement by the State of California requires local agencies that wish to participate in training programs offered by the California Highway Patrol to enter into a training agreement. Our Police Department sends many individuals to these training programs each year. The attached resolution authorizes the City to enter into these training agreements. Also, the City Manager is authorized to sign these agreements as they come up. This resolution will allow our officers to receive the latest training offered by the California Highway Patrol. This training helps our officers perform their jobs better and improves our ability to provide quality public safety services. For these reasons, staff recommends that the City Council approve the attached resolution. Res ctfully Submitted, Duane A. Baker Assistant to the City Manager /dab .j A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AGREEMENTS BETWEEN THE CITY AND THE STATE OF CALIFORNIA, DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, AUTHORIZING PARTICIPATION BY THE POLICE DEPARTMENT IN TRAINING PROGRAMS ADMINISTERED BY THE DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL WHEREAS, the State of California, Department of California Highway Patrol requires written training agreements from any agency participating in their training programs; and WHEREAS, the Police Department of the City of Rancho Cucamonga desires from time to time to participate in certain training programs sponsored and administered by the Department of California Highway Patrol. NOW, THEREFORE, be it resolved that the City Council of the City of Rancho Cucamonga that the City manager or Designee is hereby authorized and directed to sign such training agreements with the State of California, department of California Highway Patrol. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 5, 1995 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: Consideration To Approve A~reement To Co-Sponsor Concerts With Acts Concert (CO 95- 024) at Rancho Cucamone~a's Epicenter RECOMMENDATION City Council consider approval of agreement to cosponsor concerts with Acts Concert at Rancho Cucamonga's Epicenter. BACKGROUND Acts Concert had booked a number of concerts with a co-producer for fiscal year 95/96. The Allman Brothers and Chicago bands were booked and confirmed however, due to unforeseen circumstances Acts Concert's co-producer did not complete the co-production of the Allman Brothers and Chicago Bands. Staff believes that the community would enjoy entertainment of this caliber. While the Allman Brothers are no longer available for this year, Chicago is still available on September 12, 1995. If City Council approve the agreement with Acts Concert then Acts will confirm reservation of Chicago for September 12, 1995, and seek a replacement act for the Allman Brothers. Acts Concert has informed us that if a major date conflict should arise the concerts can be rescheduled. RON B~RKE 25 years music industry; an accomplished musician with keyboards, guitar and horn; ~riter, producer, movie soundtrack; studio musician. Ron has played keyboards for 20 years, and has toured with many bands in the ~O's, ~0's, and 80's. ~e can play any style of music - from rock and roll to jazz. Ron has worked on movie soundtracks and rock and roll videos - producing and playing on them. We has worked with the following recording studios: wally Heider, ~aji Sound, Ocean Sound, Gold Star, !AM Studio, Record ?!ant, Annex Studios, TTG Studio, Sunset Sound, Paradise Studios, Clover Studios, and Larabee Sound Studios. Ron has promoted concerts and' done weekly bookings for clubs in the Los Angeles area. Star Wes~ Productions and Bac~ Lot Pro- ductions put on shows with: Edgar and Johnny Winter, Heart, ~esterday and Today, Ric~ Derringer, ToM Petty, Savoy Brown, Van Halen, Blac~ Oa~ Arkansas, Paul Butterfield Blues Band, Tubes, Canned Heat, Lee Michaels, Mac Davis, Super Tramp, Robin Ford, Runaways, ~at Senatar, F!o ~ Eddie, Outlaws, B.B.King, Charlie Musselwhite, Dave ~ason, Janis joplin, Alice Cooper, and Albert King. Ron has also recorded and played with his own bands: Dark Horse, Zebra, Diggers Inc., Warrior, and Riff Raff. ~e was the owner of Take One Recording, Burbank, California, and Backstage Film and Rehearsal Sound Stage in North Hollywood. Ron has gold albums and double platinum albums from his associ- ation ~ith ~reat artists and musicians. ~e has worked with: ~ham, ~enny Loggins, Jeff Lorber, Rod Stewart, Crosby Stills ~ Nash, ?~ister Mister, Toto, Doobie Brothers, joe Cocker, jimmy Page/Led Zeppelin, Roy Orbison, Allman Brothers, Was Not Was, Oingo Foingo, van Halen, johnny ~{inter, Rick Derringer, Tom Petty, Cheap Trick, Billy idol, Suns and Roses, Poison, Yngwie Maimsteem, Fleetwood Mac, Rippingtons, Russ Freeman, jetmaine jackson, Richard Marx, Ziggy Mar!ey, Brenda Russell, Jackson Browne, Peter Fonda, Bobby Carradine, Steppenwolf, George Clinton, Steve Miller, Wasp, Lee Ritenhour, jeffrey Osborn, Heart, Hiroshima, Edgar Winter, juice Newton, Savoy Brown, Santana, jason Bonam, Russ Tall, Andy Taylor, Duran Duran, Bruce Hornsby and the Range. Ron also has done film and soundtrack work for CBS/NBC movies of the week: "Naked Lie" and "Prize Pulitzer" Radio: Wave 94.7, ELXS 97.1 live radio show, Classic Call, was broadcast from ?~ke One Recording weekly, and numerous Disney and Fox projects, plus on-site live recordings with remote trucks. Ron is founder of Acts Multimedia Productions, which includes: Acts Concerts, Acts Across America cable television show (which ~il! be a direct marketing record company), and soon to be film division. Acts is a company with innovative ideas that will shape Zhe future of this multimedia generation. VIC'~OR PERROTTI 25 years music industry. Victor has the greatest attitude: could sell snow to Eskimos, always optimistic, a true promotion man. His Italian ancestry makes him a lovable, trustworthy, kind person you want to be around - work or play. Victor has worked with the biggest and the best, and definitely contributed to their success. National Promotion Director'- Polygram, United Artists, 20th Century Fox Victor is responsible for many people. The artist is in his hands as Victor promotes his product from finished production to radio station air play to national recognition on music charts'. Victor does this well. His 35 gold records i~ 20 years speak of success' that many would love to have. In all this, Victor is a regular, caring person who would give you anything you needed--except when it comes to golf. He would have surely been a pro golfer if he wasn't in the music business. He still is a par golfer. This year he promoted his first golf championship in Phoenix to raise money for a school gymnasium. victor has his own independent promotion company, Rainbow Promotions. His capacity at Acts is the record company; new direction--direct marketing record company plus film, video, and motion picture promotion. People like victor keep me in the highly competitive music industry. He makes it fun. These are just some of the people Victor has worked with: Russ Regan - President, 20th Century Fox, Ben Scotti - Scotti Brothers Entertainment, Harold Burkeman - Vice-President, MGM and owner - Music Express, ~ike .3ecce - vice-President, Polygram, Fred Manoe - President, Select Records, Dicky Klein - Vice-President, Atlantic/Polygram, Vic Faraci - Atlantic Records, Gunther Henslet - CEO, Polygram, Russ Thyret - Warner Brothers, Susan Manoe - Donna Summers, joe McCraken - Word Records, 5th Dimension, Kid & Play, Paul ~nka, ~ollies, james Brown, Batty White, Tina Turner, Johnny Guitar Watson, Electric Light Orchestra, and Russ Taff. PAGE 25 years music industry; concert promotion and sales. jimmy produced shows for the biggest and best concert company - Concerts West, Dallas, Texas. In the 60's and 7O's, Concerts West set the standard that many companies and promoters use today. One of it's founders just hooked the United States leg of the Eagles tour. This national concert promotion company promoted groups and individuals such as Elyis Presley, Led Zeppelin, The Rolling Stones, Jimmy Handfix, Joe Cocker, Elton John, Nell Diamond, Rod Stewart, Deep' Purple, Bread, Santana, Jefferson Airplane, and The Moody Blues. After this', Jimmy became: National Sales Director and Vice-President Sales and Promotions, Showco', rn~'~, Dallas, Texas-. This company handled production for approximately I500 concerts per year. Showco provided sound reinforcement, stage lighting, staging, design, crews, trucking, crew transportation, tour advancing, hotel reservation, tour recording and tour management. Some of the artists who used Showco exclusively included: Elvis Presley, The Rolling Stones, The Who, Paul McCartney and Wings, Joni Mitchell, ZZ Top, Black Sabbath, Jackson Browne, Leon Russell, Grand Funk Railroad, Van Morrison, A1 Jarreau, Willie Nelson, ~enny Rogers, Aerosmith, The Carpenters, Led Zeppelin, Frank Sinatra, Santana, Bette Midler, Uriah Heap, The Guess Who, Bread, Toto, The Doobie Brothers, Black Oak Arkansas, Elton john, Paul Simon, The Beach Boys, Chicago, Dolly Parton, Average White Band, War, Kris Kristofferson, Rita Coolidge, joe Cocker, Eric Clapton, Three Dog Night, Stevie Wonder, The Osmonds, The jackson Five, Peter Frampton, and Little Feat. vice-President, Showco Concerts, Dallas Texas. This was a concert promotion company. Some of the concerts promoted included: Linda Ronstadt, James Taylor, Jackson Browne, Earth Wind & Fire, A1 Jarreau, Little Feat, Parliment Funkade!ic, Billy Joel, Willie Nelson, ZZ Top, Weather Report and Chick Corea. ~eile with Showco, promoted many benefit concerts for the Children's Arts & Ideas Foundation with James Taylor, Linda Rondstadt, Jackson Browne and Art Garfunkel. Showco, Inc. supplied production services for many benefit concerts, i.e. March of Dimes, United Way, Muscular Dystrophy Association, and others. President/Owner/Partner, Eaton Page Productions, Dallas, Texas. This was a concert promotion company. Promoter of approximately 300 concerts in Texas, Oklahoma, Louisiana, New Mexico, Arkansas, Arizona, California, ~ansas, and Nebraska. Talent promoted included: ZZ Top, James Taylor, Linda Ronstadt, Andrew Gold, Little Feat, Weather Report, Earth Wind & Fire, Denise Williams, Teddy Pandergrass, Thelma Houston, Parliment Funkadelic, A1 Jarreau, Chic~ Corea, Black Sabbath, Van Morrison, Billy Joel, Van ~alen, ~ris Kristofferson, Rita Coolidge, George Benson, Charlie Daniels, Dire Straits, Point Blan~, Billy Thorpe, Fog Hat, Johnny and Edgar Winter, Allman Brothers, Wet Willie, Marshall Tucker, Santana, Toto, The Beach Boys, Chuc~ Mangione, David Bowie, Gil-Scott Heron, ~iss, Alice Cooper, George Carlin, and Hank Williams, Jr. ? Owner/Partner, The Palladiu= of Dallas. Owned and operated The Palladium', a I000 seat showcase nightclub. Talent showcased included: Todd Rundgren, Tina Turner, Count Basie, Charlie Rich, Willie Nelson, Jerry Jeff Walker, George Benson, Robert Klein, Dire Straits, A! jarreau, Toto, Charlie. Daniels, Tom Waites, Emmy Lou Harris, Roseann Cash, Rodhey Crowell, Sourher, Chuck Hanglone, Buddy Rich, Stanley Clark, Billman Furray Bank, Robert Palmet, George Strait, The Police, Stevie Ray Vaughn, The Fabulous Thunderbirds, Boomtown Rats, John Cougar Me!!ancamp, Asleep At The Wheel, johnny Paycheck, Little joe and Robin Williams. Benefits at The Palladium include: - Chi!dren's Arts & ideas - Willie Nelson - Western Police Athletic League Boxing Tournament - Dallas ?olice Athletic League Boxing Tournament - Texas Music Awards - Buddy Music Awards jimmy has been involved in so many productions, that to list them all would require a notebook. These listed are just a small part of his career, thus far. Jimmy is a qualified concert promoter and concert production manager. His knowledge of booking acts, the things it takes to get the show to the venue, the power and capacity of each part - sound, lighting, staging - give him a huge advantage over other people who book concerts. Jimmy has many awards for shows, gold records, live concert recordings, videos and television concerts which he was part of. ~e is ~ell-kno~n in the industry and respected. This is the reason Acts was a perfec~ place for him. The multimedia production overlap of [ilm, concert, video and live shovs fit right in with his many experiences. Jimmy is a real asset to Acts and ~i!l ~ork in all areas of the business. ACTS MULTIMEDIA PRODUCTIONS Acts Multimedia Productions produces film, video, records and music concerts in the entertainment industry. Acts Concerts, the division which deals with concert promotion and production, boo~s shows across the United States. we book artists in amphitheatres, arenas, convention centers, baseball stadiums, county fairs, college campuses, and other venues which desire entertainment. We offer a contract booking service for cities which have venues that can be multi-use facilities. in this way, we can help a city/city manager bring in much desired revenue to their expanding community. Entertainment is one way to increase existing funds-while providing a service. ~len Acts Concerts is contracted to do a show, these are some of the following considerations: budget/working capital artist desired: marketability, aveliability, artist fee accessing the venue: size, type, seating capacity, V!P seating, staging, sound, lights security, crowd control, parking, local police traffic control and perimeter security event sponsors advertising: radio, television, newspaper, press releases ticket agents concessions and souvenirs V!P credentials and artist/crew credentials Acts' company executives plus technical engineers have over !00 years of combined experience. Our sources and industry contacts know the current value of popular artists. The knowledge and .quality of our experience ~uar~ntees your money will be well spent. If Acts Concerts can be of service to your city or venue, or if you have questions concerning avenue and concert you would Ii~e to promote, please ~ive us a call. We would be glad to assist you. Call Ron Burke or Jimmy Page at (909)336-1565, FAX (909)337-2618. lcts' legal representation is: Alfred Schlesinger, ?Sotown Building, ~2~5 Sunset Blvd., Suite 1214, Hollywood, California 90028, (2!7)87i-!818, FAX (213)464-7~39. THIS IS A PARTIAL LIST OF ARTISTS WE ~{AVE HAD THE PLEASURE OF WORKING WITH DURING OUR JOINT CaREFRS. 'jham Kenny Loggins Jeff Lorber Rod Stewart Crosby, Stills ~ Nash Mister Mister Toto Doobie ~rothers Joe Cocker jimmy Page/Led Zeppelin Roy Orbison Allman Brothers Was ~ot Was Oingo Boingo Van Helen johnny Winter Rice Derringer Tom Fatty Cheap Trice Billy idol Guns and Roses Yngwie Maimsteem Poison Fleetwood Mac Jermaine jackson ' Richard Marx ~iggy Mar!ey Brenda Russell jackson Browne Feter Fonda Bobby Carrydine Steppenwolf George Clinton Steve Miller Wasp Rippingtons/Russ Freeman Weather Report Hiroshima Lee Ritenhour Chick Corea jeffrey Osborn Edgar Winter Heart Juice Yewton Savoy Brown Santana Jason Bonam Russ Taff Andy Taylor Duran Duran Elyis Froslay Rolling Stones The ~qho Paul !.TcCartnev and Wings ZZ Too van ~[orrison ~i!lie Nelson ~enny ~ogers Aercsmith E!ton John Paul Simon 3each Boys Chicago Dolly Patton Earth, ~ind & Fire Billy joel james Taylor Charlie Denials jerry Jeff Walker Emmy Lou Harris Rosanne Cash George Strait Stevie Ray Vaughn .iohn Cougar ~el!encamD Marshall Tucker Band Little Feat Bruce ~ornsby Han~ Williams, jr. Linda Ronstadt Electric Light Orchestra 5th Dimension Tina Turner james ~rown Barry White Paul Anka Hollies Johnny Guitar Watson Kid ~ Play CBS/NBC/Disney - Feature Films Live radio shows: KLXS 97.I and The Wave 94.7 DATE: TO: CITY OF RANCHO CUCAMONGA STAFF REPORT July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Manager BY.' Olen Jones, Senior Redevelopment Analyst SUBJECT: APPROVAL OF A COOPERATION AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR PARTICIPATION IN THE COUNTY'S HOME CONSORTIUM. RECOMMENDATION Approve the Cooperation Agreement and authorize the Chairman to execute the documents. BACKGROUND The Congress of the United States enacted the Cranston Gonzales National Affordable Housing Act. Title II of the Act creates the "HOME" program, which provides funds to state and local government for acquisition, rehabilitation, and new construction of affordable housing and tenant-based rental assistance. The Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and programs. At the direction of the Housing Sub-CommiRee, staff has been investigating the County of San Bernardino's Home Consorrium. ANALYSIS The County of San' Bernardino has proposed a HOME Consortium with the dries of Rialto, Redlands, and Rancho Cucamonga, in order to increase the allocation received under the Federal HOME program by allowing the population of these cities to be used in the calculation of the County's allocation. Under the terms of this program, ~ County will make available its existing HOME programs (i.e. first-time homebuyer's assistance, rehabilitation loans/grants, rental assistance, etc.) to the participating cities. Additionally, the dties will receive an allocation of HOME funds to be used for locally created housing programs. The HOME funds allocation to the cities will require matching local funds; however, existing City and Agency programs already in use in Rancho Cucamonga will qualify for that match. There is no cost to the City or Redevelopment Agency for inclusion in the program. ~D. Daniels Redevelopment Manager f CITY OF KANCHO CUCAMONGA STAFF RF, PORT DATE: TO: FROM: By: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~Neil, City Engineer Michael D. Long, Supervising Public Works Inspector AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR CALAVERAS STREET IMPROVEMENTS, FROM ARROW ROUTE TO NINTH STREET, FOR THE AMOUNT OF $160,938.80 ($146,328.00 PLUS 10% CONTINGENCY) TO BE FUNDED FROM CDBG ACCOUNT NO. 28-4637-9115 TO GENTRY BROTHERS RECOMMENDATION: It is recommended that the City Council award authorize for execution the contract for Calaveras Street Improvements, form Arrow Route to Ninth Street, to the lowest responsive bidder Gentry Brothers for the amount of $160,938.80($146,328.00 plus 10% contingency) to be funded from CDBG Account No. 28- 4637-9115 BACKGROUND/ANALYSIS: Per previous Council actibn, bids were solicited, received and opened on June 20, 1995, for the subject project. Gentry Brothers is the apparent lowest biddy, with a bid mount of $146,328.00 (see attached bid summary). The Engineer's estimat~ was $182,000.00. Staff has r~viewed all bids received and found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Respectfully submitted, xJx, William J Oq',Ieil City Engineer WJO:MDL:dlw Attachment CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O~eil, City Engineer Steve M. Gilliland, Public Works Inspector APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13759, LOCATED ON THE WEST SIDE OF HAVEN AVENUE SOUTH OF VICTORIA STREET, SUBMITTED BY FU MAI LIMITED RECOMMEN1}ATION: 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/ANAl .YSIS Improvement Agreement and Improvement Security to guarantee the consm~ction of the public improvements for Tract 13759 were approved by the City Council on January 21, 1993, in the following amounts: Faithful Performance Bond: $1,326,000. Labor and Material Bond: $ 663,000. The developer, Fu Mai Limited, is requesting approval of a 12-month extension on said improvement agreement due to the economic situation. Copies of the Improvement Agreement Extension are available in the City Clerk's office. Respectfully Submitted, WJO:SMG:dlw Attachment FORMOSA INVESTMENTS & DEVELOPMENTS FU MAI LIMITED PARTNERSHIP 801 S. Garfield Ave. Suite 200 Alhambra, CA 91801 U.S.A. Tel 818-289-0223 Fax 818-289-4806 THE CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE. RANCHO CUCAMONGA, CA 91729 STEVE M. GILL[LAND PUBLIC WORKS INSPECTOR II COMMUNITY DEVELOPMENT DEPARTMENT. ENGINEERING DIVISION. SUBJECT: EXPIRATION OF IMPROVEMENT FOR TRACT 13759 APRIL 17, 1995 DEAR SIR.: THANKS YOUR LETTER DATE OF APRIL 13. 1995. REGARDING THE TRACT 13759. AS DEVELOPER, WE ARE STILL WORK ON FEASIBILITY STUDY ON THE INVESTMENT PLAN. AT THIS MONMENT IS NOT A RIGHT TIME TO DEVELOPER BECAUSE THE ECONOMIC. PLEASE TO EXTENSION ONE MORE YEAR. THANKS. BEST REGARD FU MIA LIMITED PARTNERSHIP GARRY CHEN PRESIDENT F(DRMOSA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13759 WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has for its consideration an Improvement Agreement Extension executed on July 5, 1995, by Fu Mai Limited as developer, for the improvement of public fight-of-way adjacent to the real property specifically described therein, and generally located west side of Haven Avenue south of Victoria Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said Tract 13759; and WHEREAS, 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 is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF RF PORT July 5, 1995 Mayor and Members of the City Council Jack Lain, AICP, City Manager Dan Coleman, Principal Planner Miki Bratt, AICP, Associate Planner ENVIRONMENTAL ASSESSMFNT AND DEVELOPMI=NT DISTRICT AMENDMENT NO. 95-01 - NORTHTOVVN HOUSING DFVFI OPMFNT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. ENVIRONMENTAL ASSESSMFNT AND INDUSTRIAl ARFA SPFCIFIC PI AN AMFNDMF:NT NO. 95-01 NORTHTOVVN HOUSING DI=VFLOPMFNT CORPORATION - A request to change the land use category from Industrial Park (Subarea 17) to "LM" (Low Medium Residential, 4-8 dwelling units per acre) for 1.38 acres of land at 9775 Main Street (south side of Main Street east of Archibald Avenue). The City will also consider "L" (Low Residential, 2-4 dwelling units per acre) and "M" (Medium Residential, 8-14 dwelling units per acre) - APN: 209-062-01. RECOMMENDATION: Approve the attached ordinances consistent with City Council approval of Resolutions 95-100 and 95-101 on June 21, 1995. DISCUSSION: On June 21, 1995, the City Council held an advertised public hearing on the subject items and voted approval of related resolutions 95-100 and 95-101. However, the approval of Development Distdct Amendments and Industrial Area Specific Plan Amendments must be by ordinance. Accordingly, the appropriate ordinances are attached. ACTION: Approval and first reading of the attached ordinances. submi~ Dan Coleman Principal Planner BB:MB:sp Attachments: Ordinance of Approval for Development Distdct Amendment 95-01 Ordinance of Approval for Industrial Specific Plan Amendment 95-01 ORDINANCE NO. ~/"'// A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT NO. 95-01, CHANGING THE DEVELOPMENT DISTRICTS MAP FROM INDUSTRIAL PARK TO LOW MEDIUM RESIDENTIAL FOR 1.38 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-062-01. A. Recitals. 1. The Northtown Housing Development Corporation has filed an application for Development Distdct Amendment No. 95-01 as described in the title of this Ordinance and Exhibit "1" attached to this Ordinance. Hereinafter in this Ordinance, the subject Development Distdct Amendment is referred to as "the application." 2. On May 24, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng. On June 21, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 24, 1995, and to this Coundl dudng the above-referenced public hearing on June 21, 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.38 acres of land, basically a rectangular configuration, located on the south side of Main Street approximately 288 feet east of Archibald Avenue and is presently vacant and undeveloped. Said property is currently designated as Industrial Park; and b. The property to the north of the subject site is designated Low Residential and is developed in-part with single family residences and in-part vacant and undeveloped. The property to the west is designated Industrial Park and is developed. The property to the east is designated Low Residential and is developed. The property to the south is designated General Industrial and is in-part railroad right-of-way, in-part vacant and undeveloped, and in-part developed with single family residences. CITY COUNCIL ORDINANCE NO, DDA 95-01 - NORTHTOWN HOUSING DEV. CORP. July 5, 1995 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment promotes the goals and objectives of the Land Use Element; and properties properties. e. This amendment would not be materially injurious or detrimental to the adjacent and would not have a significant impact on the environment nor the surrounding 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Negative Declaration based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Coundl; and, further, this Council has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based on the environmental assessment, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Coundl finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Courtall during the public headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council approves Development District Amendment No. 95-01 changing the Development CiTY COUNCIL ORDINANCE NO. DDA 95-01 - NORTHTOVVN HOUSING DEV. CORP. July 5, 1995 Page 3 Districts Map from Industrial Park to Low Medium Residential for 1.38 acres of land located on the south side of Main Street approximately 288 feet east of Archibald Avenue (Exhibit 1 ). 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontado, California, and circulated in the City of Rancho Cucamonga. 8. The City Clerk shall certify to the adoption of this Ordinance. ORDINANCE NO. ~ qC~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 95-01 REMOVING FROM THE INDUSTRIAL AREA SPECIFIC PLAN LAND USE MAP 1.38 ACRES DESIGNATED INDUSTRIAL PARK (SUBAREA 17) LOCATED ON THE SOUTH SIDE OF MAIN STREET APPROXIMATELY 288 FEET EAST OF ARCHIBALD AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF APN: 209-062-01. A. Recitals. 1. The Northtown Housing Development Corporation has filed an application for Industrial Area Specific Plan Amendment No. 95-01 as described in the title of this Ordinance and in Exhibit "1" attached to this Ordinance. Hereinaffer in this Ordinance, the subject Industrial Area Specific Plan Amendment is referred to as "the application." 2. On May 24, 1995, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing, and on June 21, 1995, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 24, 1995, and to this Council during the above-referenced public hearing on June 21. 1995, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 1.38 acres of land, basically a rectangular configuration. located on the south side of Main Street approximately 288 feet east of Archibald Avenue and is presently vacant and undeveloped. Said property is currently designated as Industrial Park (Subarea 17); and b. The property to the north of the subject site is designated Low Residential and is developed in-part with single family residences and in-part vacant and undeveloped. The property to the west is designated Industrial Park and is developed. The property to the east is designated Low Residential and is developed. The property to the south is designated General Industrial and is in-part railroad right-of-way, in-part vacant and undeveloped, and in-part developed with single family residences. CITY COUNCIL ORDINANCE NO. ISPA NO. 95-01 - NORTHTOWN HOUSING DEV. CORP. July 5, 1995 Page 2 c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the distdct in a manner consistent with the General Plan and with related development; and d. This amendment promotes the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced public headng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends adoption of a Negative Declaration based upon the findings as follows: a, That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Coundl has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based on the environmental assessment, no signfficant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the City Coundl finds as follows: In considering the record as a whole, the Initial Study and Negative Dedaretion for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the City Council dudng the public headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. CITY COUNCIL ORDINANCE NO. ISPA NO. 95-01 - NORTHTOVVN HOUSING DEV. CORP. July 5, 1995 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council approves Industrial Area Specific Plan Amendment No. 95-01 removing from the Industrial Area Specific Plan Land Use Map 1.38 acres designated Industrial Park (Subarea 17) located on the south side of Main Street approximately 288 feet east of Archibald Avenue (Exhibit 1). 6. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontado, California, and circulated in the City of Rancho Cucamonga. 8. The City Clerk shall certify to the adoption of this Ordinance. CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager '~,, LL'cLb~ · ',. Debra J. Adams, CMC, City Clerk ~ SECOND READING OF ORDINANCE NO. 540 Due to unforseen problems with the publishing of the Ordinance in the newspaper, it is necessary to repeat the second reading at tonight's meeting. The information in the Ordinance has not changed - this is only a technical requirement before the Ordinance can be published in the newspaper. If you have any questions, please feel free to contact me. /dja Attachment -j ORDNANCE NO. 540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS A. Recitals (i) California Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set pfima facie speed limits upon any portion of any street not a state highway. (ii) The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Pan B of this Ordinance. (iii) The determinations concerning prima facie speed limits set forth in Pan B, below, are based upon the engineering and traffic survey identified in Section A (ii), above. B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Section 10.20.020 hereby is mended to the Rancho Cucamonga City Code to read, in words and figures, as follows: 10.90.020 Decrease of state law maximum speed. It is determined by City Council resolution and upon the basis of an engineering and traffic investigation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared the prima facie speed limit shall be as set forth in this section on those streets or pans of streets designated in this section when signs are erected giving notice hereof: Ordinance No. 540 Page 2 Name of Street or Portion Affected 1. Archibald Avenue. - Banyan Street to north end 2. Archibald Avenue - 4th Street to Banyan Street 3. Arrow Route. - Baker Avenue to Haven Avenue 4. Baker Avenue - 8th Street to Foothill Blvd 5. Banyan Street from Beryl Street to London Avenue 6. Banyan Street - Haven Avenue to Rochester Avenue 7. Banyan Street from west City Limits to Beryl Street 8. Base Line Road. - west City limits to Camelian Street 9. Base Line Road. - Carnelian Street to Hermosa Avenue 10. Base Line Road. - Hermosa Avenue to Spruce Avenue 11. Beryl Street - Banyan Street to end 12. Beryl Street - 800' N/o Lemon Avenue to Banyan Street 13. Canistel Avenue - Wilson Avenue to Antietam Drive 14. Carnelian Street - Vineyard Avenue to end 15. Center Avenue - Foothill Blvd. to Church Street 16. Church Street - Pepper Street to Archibald Avenue 17. Church Street - Archibald Avenue to Haven Avenue 18. Church Street - Haven Avenue to Milliken Avenue 19. East Avenue - Base Line Road. to Highland Avenue 20. 8th Street - Grove Avenue to Haven Avenue 21. Etiwanda Avenue - Foothill Blvd.. to 241h Street 22. Fairmont Drive - Highland Avenue to Milliken Avenue 23. Fairmont Drive - Milliken Avenue to Victoria Park Lane 24. Fredricksburg Avenue - Banyan Street to Seven Pines Drive 25. Grove Avenue - 8th Street to Foothill Blvd. 26. Haven Avenue - 4th Street to Hillside Road. 27. Hellman Avenue - Foothill Blvd.. to Alta Loma Drive 28. Hellman Avenue - 500' N/o Manzanita Drive to Valley View 29. Hellman Avenue - 6th Street to Foothill Blvd. Declared Prima Facie Speed Limit (MPH) 50 45 45 35 35 45 40 45 40 45 45 40 35 45 40 35 40 45 45 45 45 35 35 35 40 45 35 40 45 7/ Ordinance No. 540 Page 3 Name of Hermosa Hermosa Hermosa Highland Highland Street or Portion Affected Avenue - Base Line Road. to Wilson Avenue Avenue o Wilson Avenue to Sun Valley Drive Avenue - 8th Street to Base Line Road. Avenue - Sapphire Street to Carnelian Street Avenue - Amethyst Street to Hermosa Avenue Declared Prima Fa¢ie Speed Limit (MPH) 30. 45 31. 40 32. 45 33. 40 34. 35 35. Highland Avenue - Hermosa Avenue to 800' W/o Haven Avenue 45 36. Hillside Road. - Ranch Gate to Amethyst Street 35 37. Hillside Road. - Amethyst Street to Haven Avenue 40 38. Hillside Road. - Haven Avenue to Canistel Avenue 35 39. Hillview Loop - Vintage Drive to Vintage Drive 30 40. Kenyon Way - Milliken Avenue to Victoria Park Lane 35 41. Lark Drive - Kenyon Way to Rochester Avenue 35 42. Lemon Avenue - Jasper Street to Beryl Street 35 43. Lemon Avenue - Archibald Avenue to Haven Avenue 40 44. Lemon Avenue o Haven Avenue to Highland Avenue 40 45. Manzanita Drive - Hermosa Avenue to Haven Avenue 35 46. Morning Place/Vintage Drive - Banyan Street to Milliken Avenue 35 47. Mountain View Drive - Spruce Avenue to Milliken Avenue 40 48. Netherlands View Loop - Vintage Drive to Vintage Drive. 30 49. 9th Street - Baker Avenue to Archibald Avenue 40 50. Red Hill Country Club Drive - Foothill Blvd. to Alta Cuesta 35 51. Rochester Avenue o Foothill Blvd. to Base Line Road 40 52. San Beruardino Road. - Vineyard Avenue to Archibald Avenue 35 53. Sapphire Street - Banyan Street to end 45 54. Sapphire Street - 19th Street to Lemon Avenue 40 55. 7th Street - Hellman Avenue to Archibald Avenue 45 56. Sierra Crest View Loop - Vintage Drive to Vintage Drive 30 57. Spruce Avenue - Foothill Blvd. to Base Line Road. 40 58. Summit Avenue - Etiwanda Avenue to East Avenue 45 Ordinance No. 540 Page 4 Declared Prima Facie Name of Street or Portion Affected Speed Limit (MPH) 59. Terrace View Loop - Vintage Drive to Vintage Drive 30 60. Terra Vista Parkway - Church Street to Milliken Avenue 40 61. Victoria Street - Archibald Avenue to Ramona Avenue 35 62. Victoria Street - Etiwanda Avenue to Route. 15 40 63. Victoria Street o Haven Avenue to Mendocino PI. 40 64. Victoria Park Lane - Fairmont Way to Base Line Road. 35 65. Victoria Windrows Loop (north &south) 35 66. Vineyard Avenue o Church Street to Base Line Road. 40 67. Vineyard Avenue - 8th Street to Carnelian Avenue 45 68. Vintage Drive - Milliken Avenue to east end 35 69. Whittram Avenue o Etiwanda Avenue to east City limits 40 70. Wilson Avenue - Amethyst Avenue to Haven Avenue 45 71. Wilson Avenue - Haven Avenue to 200' east of Canistel Avenue 40 (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978). Rancho Cucamonga 5/82 124 (i) Both sixty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which are more than are reasonable or safe; and (ii) The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of traffic and are speed limits which are reasonable and safe on said streets or portions thereof; and (iii) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and (iv) The Traffic Engineer is hereby authorized and directed to install appropriate signs upon said streets giving notice of the prima facie speed limit declared herein. SECTION 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Ordinance No. 540 Page 5 SECTION 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 Inland Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. DATE: July 5, 1995 -- CITY OF RANCHO CUCAMONGA STAFF REPORT TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Manager BY: Olen Jones, Senior Redevelopment Analyst SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE ISSUANCE OF A NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED $25 MILLION TO PROVIDE FOR THE FINANCING OF CERTAIN MULTI-FAMILY HOUSING PROJECTS RECOMMENDATION Adopt the attached Resolution approving the issuance of the notes, and authorize the Mayor to execute the necessary documents. BACKGROUND In September, 1994, the Agency approved a Loan and Pledge Agreement with Southern California Housing Development Corporation (SCHDC) for the acquisition of existing apartment complexes in the City of Rancho Cucamonga. In May, 1995, the City approved Inducement Resolutions to provide for the tax exempt financing of the acquisition of three apartment complexes, Mountainside Apartments, Sycamore Springs Apartments, and Monterey Village Apartments. SCHDC acquired Sycamore Springs Apartments in March, 1995. This item was continued from the June 27, 1995 City Council meeting. ANAI.YSI~ SCHDC has arranged for a short-term, tax-exempt loan from Sanwa Bank to acquire Mountainside Apartments and Monterey Village Apartments. Under federal guidelines, such a loan qualifies technically as an issuance of tax-exempt bonds, and therefore requires the City to follow the procedures as if such bonds were being sold. TEFRA requires that prior to the issuance of any such tax-exempt debt, the appropriate legislative body must hold a public hearing on the proposed issue. The City held the TEFRA hearing on June 27, 1995. The loan is intended only as interim finandng for the timely acquisition of these apartment complexes prior to the expiration of the Agency's authority to acquire existing housing units. This will allow these existing units to be counted towards July 5, 1995 Staff Report - SCHDC Financing Page 2 the Agency's State-mandated housing obligations. Permanent financing will be developed for the entire pool of units following their acquisition. The loan is intended only as interim financing for the timely acquisition of these apartment complexes prior to the expiration of the Agency's authority to acquire existing housing units. This will allow these existing units to be counted towards the Agency's State-mandated housing obligations. Permanent financing will be developed for the entire pool of units following their acquisition. The proposed financing is similar in structure to a traditional multi-family housing bond. The notes will be issued by the City, with SCHDC the borrower. The loan to SCHDC will be secured by the pledge of Redevelopment Agency housing funds and deeds of trust on the financed properties. The City will have no obligation to pay; no City funds will be at risk. Regulatory Agreements will be recorded against each property, providing for the restriction of 40% of the units as affordable to the income groups targeted by the Agency. These restrictions will be maintained for a minimum of 30 years. This transaction is consistent with the original Loan and Pledge Agreement between the Redevelopment Agency and SCHDC. Respectfully submitted,  niel'~s' ~ Redevelopment Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF A NOTE IN A PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 TO PROVIDE FINANCING FOR CERTAIN MULTIFAMILY HOUSING PROJECTS, APPROVING A FORM OF LOAN AGREEMENTAND THE PLEDGE BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY OF CERTAIN TAX INCREMENT MONEYS AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Rancho Cucamonga (the "City") is authorized pursuant to the provisions of Section 52101 and following of the California Health and Safety Code (the "Law") to issue bonds, notes or other evidences of indebtedness for the purpose of making loans to certain nonprofit corporations which assist in providing low and moderate income housing for citizens of the City; and WHEREAS, the City desires to enter into a loan arrangement (the "Term Loan") and to issue a note or notes in a principal amount not to exceed $25,000,000 (the "Note") pursuant to one or more Term LoanAgreements (the "Term LoanAgreement") by and between the City and SANWA Bank (the "Bank") for the purpose of providing funds which will be loaned (the "Developer Loans") to the Southern California Housing Development Corporation, a California nonprofit corporation (the "Developer"), under one or more Developer Loan Agreements among the City, the Rancho Cucamonga Redevelopment Agency (the "Agency") and the Developer (the "Developer Loan Agreements") to finance the acquisition and rehabilitation of three multifamily housing projects located in the City known as the Mountainside Apartments and the Monterey Village Apartments (together, the "Projects"); and WHEREAS, the Note will be secured by an assignment by the City to the Bank of the revenues pledged by the Developer to the City under the Developer Loan Agreements and will further be secured by a Deed of Trust relating to the MountainsideApartments from the Developer to the City (the "Deed of Trust"), a Second Deed of Trust relating to the Monterey Village Apartments from the Developer to the City (the "Second Deed of Trust") and by a pledge by the Agency of a portion of the tax increment (the "Tax Increment") moneys it is required to set aside pursuant to Section 33334.3 of the COLt~LUnity RedevelopmeLt Law being Part 1 of Division 24 of the California Health and Safety Code (the "Redevelopment Law") in the Agency's Low and Moderate Income Housing Fund for purposes of increasing, improving and preserving the supply of low and moderate housing in and around the Rancho Redevelopment Project (the "Redevelopment Project"); and WHEREAS, the Agency has determined that the Projects and the pledge of the Tax Increment as contemplated by the Developer Loan Agreements are of benefit to the Redevelopment Project; and KAS271205 ~A$271205 WHEREAS, to ensure that the Projects will be operated in a manner which will make low and moderate income housing available to the residents of the City and to ensure that interest on the Note will remain tax-exempt for federal income tax purposes and that certain requirements of State law will be complied with, the City, the Agency and the Developer will enter into one or more regulatory agreements (the "Regulatory Agreements") which will place certain rental restrictions on the Projects; and WHEREAS, there has been presented at this meeting a form of the Term LoanAgreement, the Developer LoanAgreements, the Deed of Trust, the Second Deed of Trust and Regulatory Agreements; and WHEREAS, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, (the "Code") this City Council has heretofore conducted a duly noticed public hearing on June 27, 1995, with respect to the proposed issuance of the Note and the financing of the Projects, such notice being duly published in the Inland Valley Daily Bulletin. NOW, THEREFORE, BE IT RESOLVED, DETERMINEDAN D ORDERED BY THE CITY COUNCIL OF RANCHO CUCAMONGA, as follows: Section 1. Approval of Issuance of Note and Making of Loan. The issuance of the Note in an aggregate principal amount not to exceed $25,000,000 by the Agency pursuant to the Law, the making of the Developer Loans with the proceeds of the Note by the City to the Developer and the financing of the Projects are hereby approved. This approval is made in order to meet the public approval requirements of Section 147(f) of the Code. Section 2. Term Loan Agreement. The form of Term Loan Agreement (the "Loan Agreement") by and between the City and the Bank which establishes the terms and conditions of the Note and the Term Loan from the Bank to the City presented at this meeting is hereby approved and the Mayor or the City Manager and the City Clerk are hereby authorized and directed, for and in the name and on behalf of the City, to execute, acknowledge and deliver one or more Term Loan Agreements in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. Form of Note. The form of the Note as set forth in the Term Loan Agreement is hereby approved and the Mayor or the City Manager and the City Clerk are hereby authorized and directed to execute by manual or facsimile signature, in the name and on behalf of the City and under its seal, such Note in the aggregate principal amount set forth in the Term LoanAgreement and all in accordance with the terms and provisions of the Term Loan Agreement. Section 4. City Manager Authorized to Establish Final Terms of Note. The CityManager, based on such advice of Staff and -2- KAS271205 consultant's to the City as he may deem necessary, is hereby authorized and directed to act on behalf of the City to establish and determine (i) the final principal amount of the Note, which amount shall not exceed $25,000000, and (ii) the interest rate on the Note. Section 5. Developer Loan Agreements. The form of Developer Loan Agreement under which the City will loan to the Developer the proceeds of the Note and under which the Agency will pledge the Tax Increment to the repayment of the Developer Loans presented at this meeting is hereby approved and the Mayor, or the City Manager and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the City, to execute, acknowledge and deliver one or more Developer Loan Agreements in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and deliver thereof. Section 6. Regulatory Agreements. The form or Regulatory Agreement under which each of the Projects will become subject to certain rental restrictions for the purpose of complying with the Law and Federal tax law as it relates to the use of tax- exempt bond proceeds presented at this meeting is hereby approved and the Mayor, or the City Manager and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the City, to execute, acknowledge and deliver one or more Regulatory Agreements in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and deliver thereof. Section 7. Redevelopment Law RegulatoryAgreements. The form or RegulatoryAgreement under which each of the Projects will become subject to certain rental restrictions for the purpose of complying with requirements of the Redevelopment Law as they relate to low and moderate income housing restrictions presented at this meeting is hereby approved and the Mayor, or the City Manager and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the City, to execute, acknowledge and deliver one or more RegulatoryAgreements in substantially the form presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be conclusively evidenced by the execution and deliver thereof. Section 8. Deed of Trust. Second Deed of Trust and Assignment of Rights. The Deed of Trust relating to the Mountainside Apartments from the Developer to the City and the Second Deed of Trust relating to the Monterey Village Apartments from the Developer to the City each as presented at this meeting are hereby approved and the Mayor, or the CityManager and the City Clerk are hereby authorized and directed, for and in the name of and on behalf of the City, to execute, acknowledge and deliver said Deed of Trust and said Second Deed of Trust, in substantially the -3- forms presented at this meeting with such changes therein as the officers executing the same may approve, such approval to be .conclusively evidenced by the execution and deliver thereof. The City Council also hereby approves the assignment of the Deed of Trust and the Second Deed of Trust and of all revenues it will be entitled to recover under the Developer LoanAgreements to the Bank and the Mayor or the CityManager is authorized to sign any and all documents to effectuate such assignment. Section 9. Approval of Agency Pledge. The City Council hereby approves the pledge of the Tax Increment by the Agency to the repayment of the Developer Loan all as set forth in the Developer Loan Agreements. Section 10. Requisitions. The City Manager, or his designee, is hereby authorized and directed to pay the costs of issuing the Note from the proceeds of the Note and other moneys of the City available therefor. Section 11. Retaining of Bond Counsel. The law firm of Best, Best & Krieger is hereby retained by the City to act as Bond Counsel to the City on terms as shall be agreed upon between said firm and the City Manager. Section 12. Other Acts. The officers and staff of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents, which in consultation with Staff and Note Counsel, they may deem necessary or advisable in order to cons~tete the issuance, sale and delivery of the Note, or otherwise effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. KAS271205 -4- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO:. FROM: SUBJECT: July 5, 1995 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager CONSIDERATION OF AMENDMENTS TO CHAPTER 8.30 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REI ,ATING TO TAXICABS When the Taxicab Ordinance was first adopted in 1992, the City Council made a commitment to review the ordinance after it had been in place for a while. Earlier this year, the City Council took testimony on this issue and formed an ad hoc committee to look at possible changes to the ordinance. The ad hoc committee, Mayor Pro Tern Gutierrez and Councilmember Curatalo, have met and discussed the matter and these amendments are the result of those discussions. The pr9posed amendments make six primary changes to the existing ordinance. These changes are listed below. The amendments require that all drivers be covered by worker's compensation insurance as required by state law. The amendments add a "Convenience and Necessity" clause to the ordinance. This section would require that a taxicab company prove to the City Council that there is a public need for their taxicabs and that current levels of service are not adequate. In the past, this item has been discussed in terms of providing a company a monopoly. However, the City Council is the one that makes the decision of convenience and necessity and can allow for more than one company. This clause gives the City Council more control over who is providing service to our residents. The current ordinance allows for anyone with no criminal history and the proper insurance to start a taxicab service in the City. This section allows the City Council more discretion in approving applications for providing taxicab service. , The amendments require that all taxicabs have taximeters that have been certified by the County Division of Weights and Measures. The amendments allow the City to accept taxicab drivers permits from other jurisdictions if those permits meet our minimum standards. This would be implemented by having the Chief of Police review each applicant's permit and cross checking it with the issuing agency. If the Chief of Police is satisfied, he will inform the City to allow the driver to operate. If the Chief of Police is not satisfied with the permit and information supplied by the applicant, he will recommend that the applicant go through the City's permit process. This process is the same as the current process and involves fingerprinting and a background check by our Police Department. 5. The amendments expand the grounds for denying or revoking a taxicab AMENDMENTS TO TAXICAB ORDINANCE July 5, 1995 Page 2 driver's permit to include the sale of illegal drugs; assault or battery or other violent behavior against a person; any conviction of a violent felony, no matter how long ago it occurred, if the City has reasonable cause to believe the person could pose a threat. The amendments include a section of requirements for taxicab drivers to follow. These requirements include such things as keeping a log of passengers and pick-up/drop-off points; wearing a uniform such as a hat or vest with identifying insignia; and keeping the cab clean. The ad hoc committee felt that these changes would increase the number of taxicab drivers coming in to get their permits and would give the City more control over the taxicab companies operating on our streets. Making it easier for drivers to come in and get permits from the City and requiring taxicab companies to prove their necessity to the City Council will help enhance public safety. The intention of the proposed changes is to not create a monopoly but to provide for greater public safety. The amendments presented to the City Council are for discussion. If the City Council wants tb proceed with these changes, staff will schedule the public hearing for an upcoming City Council meeting. ~ A. Baker Assistant to the City Manager /dab DRAFT FOR REVIEW pURPOSES ONLY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Pj~NCHO CUCAMONGAAMENDING CHAPTER 8.30 OF THE KANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO TAXICAB SERVICE AND DRIVER QUALIFICATIONS. The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section Section 8.30.010 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new subsection "A" to read, in words and figures, as follows: "A. 'Certificate' means a public convenience and necessity permit as defined in this Chapter." Existing subsections "A" through "E" hereby are re-lettered "B" through "F." Section Section 8.30,030 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new subsection "K" to read, in words and figures, as follows: "K. Evidence that the applicant has procured workers compensation insurance covering any and all drivers to be utilized by the applicant should a taxicab service permit be issued." Section Section 8.30,040 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: "8.30,040 Issuance of a taxicab service permit. "Upon the furnishing of all the information required by Section 8.30.030 and payment of the required fee under this Chapter, the Administrative Services Director shall set a date and time of not less than ten (10) nor more than forty-five (45) days thereafter for a public hearing concerning the application to be conducted before the City Council, and shall give notice of the time so set, at least five (5) business days before the date of said hearing, to the applicant, by first class U.S. mail, postage prepaid, at the address set out in the application, and by publication of the DRAFT FOR REVIEW PURPOSES ONLY application in a daily newspaper of general circulation in the City of Rancho Cucamonga on two different days. "At the time set for the hearing of the application, the Council may examine the applicant and all persons interested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it be found by the Council that the public interest and convenience and necessity require the issuance of the permit applied for, it shall, by motion or resolution, order the Administrative Services Director to issue a taxicab service permit. "The following factors shall be weighed with the burden upon the applicant to show public need and necessity: "A. The inadequacy of existing taxi services. "B. The population density and socio-economic characteristics in the proposed area of operation. "C. Type and frequency of transportation service needed in the proposed area of operation. "D. Existing public transportation patterns, schedules and service levels and the impact of the application upon such service. "E. Traffic and parking conditions. "F. The probable permanence and quality of the services offered by the applicant. "G. The character of taxi service proposed by the applicant as demonstrated by: the proposed use, if any, of a radio communications system, the proposed use of terminals and private and public taxi stands, the time of day and night when service is to be offered, and the proposed number and character of vehicles. "H. The financial status, character, and responsibility of the applicant as demonstrated by: the applicant's ability to provide, maintain and operate the number of vehicles proposed to be operated in accordance with the character of service proposed in the application, the applicant's criminal and driving record, if any, as well as credit record and evidence of liability and worker's compensation insurance. DRAFT FOR REVIEW pURPOSES ONLY "I. The experience of the applicant in taxicab service operations as an owner, manager, or taxi driver. "Upon receipt of an application and prior to making a determination of public convenience and necessity, the City Council shall notify each holder of an existing certificate that an application has been filed and of the date and time of the public hearing to consider said application." Section Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Section 8.30.065 to read, in words and figures, as follows: "8.30.065 Taximeters - Required. "A. All taxicabs shall be equipped with taximeters that have been inspected and certified by the County Division of Weights and Measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified. "B. It is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a County Division of Weights and Measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the City or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the City until such taximeter has been correctly adjusted and certified by the County Division of Weights and Measures." Section Section 8.30,070 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: DRAFT FOR REVIEW PURPOSES ONLY "8.30.070 Taxicab driver's permit required. "A. It is unlawful for any person to accept any passenger in a taxi within the City, or otherwise provide transportation services by taxi beginning in the City, without having a current taxicab driver's permit issued pursuant to this Chapter. "B. The Administrative Services Director may accept current taxicab driver permits issued by another city or county where such city's or county's permitting requirements meet the minimum standards of this Chapter and, in the Director's discretion, provide for the safety of the residents of the City. In such case, a taxicab driver may operate with that permit in lieu of a permit issued by the City of Rancho Cucamonga." Section Section 8.30,090 of Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended to read, in words and figures, as follows: "8.30.090 Grounds for denial or revocation of a taxicab driver's permit. A taxicab driver's permit may be denied or revoked on the following grounds: "A. The driver does not possess a valid Class 3 driver's license issued by the State of California; "B. The driver has been convicted of a crime within the last five (5) years which involved: "1. Fraud or dishonesty with respect to any member of the public; II2 · alcohol or drugs; Driving while under the influence of "3. Injuries to any member of the public as a result of such driver's operation of a taxi; "4. Any assault or battery, or other violent behavior against any person; "5. The sale of illegal drugs. "C. The driver has been convicted of driving a taxicab recklessly within the preceding two years; DRAFT FOR REVIEW PURPOSES ONLY "D. The driver has repeatedly and persistently violated the traffic law of the city, county or state; "E. Within the last five (5) years: "1. The driver has driven a taxicab the driver knew or should have known was not in good order and repair; "2. The driver has violated any of the provisions of this Chapter; "3. The driver has charged any person more than the established rate for taxicab service; "F. The driver has made false statements on an application submitted under this Chapter; "G. The driver is required to register under Section 290 of the Penal Code of the State of California; "H. The driver has been convicted of a violent felony at any time and the Director has reasonable cause to believe that such driver continues to constitute a threat to the public health, safety or welfare; "I. The driver is not at least eighteen (18) years of age." Section Chapter 8.30 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Section 8.30,105 to read, in words and figures, as follows: "8.30.105 Requirements for taxicab drivers. "Each taxicab driver: "A. shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the Director or designee thereof. "B. shall not refuse to transport anyone requesting a ride except when the safety of the driver or passenger may be jeopardized by such transportation. 5 DRAFT FOR REVIEW PURPOSES ONLY "C. shall wear a distinctive'uniform with an emblem, badge or insignia, and similar color scheme identifying the driver's association with an operating company. teD . condition. shall keep the taxicab in good mechanical "E. shall charge only those rates as submitted on the application. "F. shall keep the taxicab in a clean and sanitary condition." Section permittees. Application of Ordinance to existing Each taxicab service and taxicab driver holding a current taxicab service or driver permit, issued by the City, as of the effective date of this Ordinance, may continue operating pursuant to such permits until the expiration thereof, whereupon compliance with the additional conditions and restrictions imposed by this Ordinance shall be required. Further, nothing herein shall excuse any violations of Chapter 8.30, nor affect any prosecution thereunder, occurring prior to this Ordinance becoming effective. Section !. Penalty for Violation. :It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. Section 10- Civil Remedies Available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. DRAFT FOR REVIEW PURPOSES ONLY Section 11. Severability. If any section, subsection, sentence, clause, phrased, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid of unconstitutional. Section 1.._g2. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of.general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PAS8ED this day of , 1995. Mayor I, DEBBIE ADAMS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1995, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1995, by the following vote. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga L\133\OROTAXI\RC 1.3.18 Rancho Cucamonga City Council City Hall 10500 Civic Center Drive Rancho Cucamonga, CA July 5, 1995 Thank you for taking my questions. Today's Daily Bulletin contained an article stating that the City Council expects to co-sign loan papers tonight with Southern CA Housing Development Corp. (HDC) for $25M with Sanwa Bank. o HDC will buy 1000 apartments and 40% will be rented to low/very-low income households. o The City will commit $2.7M/yr (x30 yrs = $80.1M) to guarantee the loan HDC will pay the remaining debt from lease income (if any). No committed funding amounts from HDC. o My personal experience as a former owner of a 4-plex apartment in San Bernardino confirms that these low income households are poor risks for paying rent and maintaining the property value. I also encountered theft, guns, and drug problems with my tenants. Have you asked the Police Dept. for theix recommendations and insights? o I see unfavorable impacts to RC from importing low income households as follows: Increased potential for crime and gangs -- More victims, property damage, vandalism, injury and death -- Increased cost of Police operations -- Increased risk of injury and death to Police officers Impacts to Jr. and High schools in area - Alta Loma and RC High. -- Crime in schools -- Interference with education process from unruly students Reduced attractiveness of RC 'to business due to increased crime $80M over the next 30 years to acquire property of declining value Why take this Poison Pill, and pay to do it?? The Bulletin article implies that this is the result of a set~ement with the Western Center on Law and Poverty. What is the penalty for non-compliance. Maybe no teeth in the law. Maybe pay a nominal fine and be done with it. What about a Proposition on the next ballet asking whether the RC community wants to buy 2,375 low-income housing units by the year 2000. Property owners might be willing to pay an extra assessment each year NOT to have low-income housing in RC. I recommend to the Council that we decide not to provide low-income housing in RC beyond what we currently have, and actively find alternatives which allow us to avoid this undesirable action. Thank you for your time. JOHN R. TREICHLER 10138 Stratton Ct. Alta Loma, CA 91737 AGREEMENT WITH RESPECT TO PRODUCTION OF CONCERTS This Agreement is made and entered into as of the latest date appearing opposite the respective parties' signatures below, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (herein referred to as "City"), and ACTS MULTIMEDIA PRODUCTIONS, a California Limited Partnership (hereinafter referred to as "Acts") concerning the production and presentation of certain concerts. A. Recitals. (i) Acts is a professional production company established for the purposes of producing, presenting and making available to the public musical concerts. (ii) City desires to participate in the production of certain of Acts' productions during the time period specified herein. (iii) City and Acts desire to make available to the public certain musical concerts to be produced at City's stadium commonly referred to as the Epicenter (hereinafter referred to as "Stadium") on the terms and conditions set forth herein. B. Agreement. NOW, THEREFORE, it is agreed by and between City and Acts as follows: 1. In accordance with the provisions hereof, City and Acts shall produce a musical concert at the Stadium on September 21, 1995 with the featured performance provided by the group Chicago on the terms specified in that letter addressed to Mr. Steve Smith dated April 17, 1995 executed on behalf of Acts by Jimmy Page. A true and correct copy of that letter is attached hereto and marked Exhibit "A". Hereinafter the above-referenced musical concert is referred to as "the Chicago Concert." 2. Acts shall provide all of the following services in connection with the Chicago Concert and shall employ its best professional efforts in doing so: a. The creation, in consultation with City, of all publicity and advertising copy, brochures, programs and press releases including, but not limited to, generating corporate sponsors such as beverage, footwear, fast food and car companies, and providing for a printed program for the concert with band/artists biographies, tear-out coupons and special drawings for audience participation; b. The hiring and training of all event staff including ushers, ticket takers, security and parking lot c. The coordination of all merchandise sales; d. The provision and coordination of paramedics and other emergency care providers; e. The obtaining of liability and property damage insurance reasonably satisfactory to City's City Manager (or his designee) and City's City Attorney which names City and its elected officials, officers, employees and consultants as additional insureds; personnel; f. The administration of the performers' contract or contracts; g. The ordering and coordination of sound stage lights, field seating requirements and concession and restroom set ups; h. room activities; i. Negotiations with a ticketing agency for the printing, provision and distribution of tickets for the concert, provided that the agreement for such services shall be directly. by and between City and the ticketing agency so that City receives the funds collected by the ticketing agency in selling concert tickets; and j. Supervision of the concert production, including day before and day of show activities. 3. City shall timely pay all reasonable expenses related to the production of the Chicago Concert, which expenses generally are listed on Exhibit "B" hereto, which the parties estimate will approximate One Hundred Twenty Thousand Dollars ($120,000.00) (not including payments to Acts or rent which is not being charged by City). 4. Other than as stated in paragraph 5 below, all revenues received by City from the Chicago Concert shall be applied in the following priority order: The supervision of all backstage and dressing 3 a. As a first priority, Acts and City each shall receive One Dollar ($1.00) for each ticket sold for the Chicago Concert; b. As a second priority, City shall retain an amount equal to the total of costs paid by City pursuant to paragraph 3 hereof and City's direct personnel costs incurred in providing the Stadium and the maintenance thereof for the Chicago Concert; c. As a third priority, Acts shall receive the sum of Twenty Thousand Dollars ($20,000.00) if the total tickets sold for the Chicago Concert are 8,499 or less or the sum of Twenty-five Thousand Dollars ($25,000.00) if the total tickets sold are 8,500 or more; and d. As a fourth priority, City shall retain all remaining revenues received. 5. In the event that Chicago Concert revenues are received from advertising exceeding payments made by City as and for all advertising, sixty percent (60%) of those net revenues shall be distributed to Acts and forty percent (40%) thereof shall be retained by City. In that regard, all contracts for advertising which generate revenues shall be directly between the advertiser and City. 6. City's duties and responsibilities hereunder shall be coordinated by City's Deputy City Manager or his designated representative. Acts' duties and responsibilities hereunder shall be coordinated by Mr. Ron Burke. 4 7. Acts agrees that it will indemnify, defend and hold City and its elected officials, officers, agents and employees free and harmless from all claims for damage to persons or property by reason of Acts' performance of its obligations hereunder to the maximum extent allowed by law. 8. Acts shall not broadcast or permit or allow any broadcast over radio, TV, or other broadcasting mechanism of any portion or portions of the Chicago Concert without the express written permission of City. Further, Acts shall not record or permit or allow the recordation of any portion or portions of the performance by taperecording, videotape, record or any other means or methods without the express written permission of City. Any such broadcasting or recording permission shall be the subject of a separate agreement by and between Acts and City. City will permit the news media access to the Stadium to tape interviews or clips of the Chicago Concert performance. 9. This Agreement may not be assigned or transferred without prior written consent of City. 10. This Agreement shall be governed by and construed for all purposes under the laws of the State of California. 11. The parties hereto agree that they intend to produce a second musical concert at the Stadium on the terms and provisions provided herein prior to September 21, 1995. City's City Manager may agree to and execute an addendum to this 5 Agreement providing for such a second concert on the terms and provisions stated herein so long as the terms for payment to the performer or performers for the second concert are satisfactory to the City Manager. WHEREFORE, the parties hereto hereby enter into this Agreement. Dated: CITY OF RANCHO CUCAMONGA By: William Alexander, Mayor ATTEST: City Clerk Dated: ACTS MULTIMEDIA PRODUCTIONS, a California Limited Partnership By: Ron Burke, General Partner N~132%CONAGR~E%RC 18.27 6 PRODUCTIONS April 17, 1995 Mr. Steve Smith Howard Rose Agency Beverly Hills, CA. Ref: Chicago Dear Steve: Below please find our flr~ offer for Chicago and production (sound, lights and back line). Date: September 12, 1995, 8100 PM Venus: Rancho Cucamongo Epicenter Capacity: 7500 Ticket Prices $22.00 average Gross: $165,000.00 Offer: $55,000 guarantee plus 85% over $152,021.00 Attached please find estimated expense sheet. The advertising for the above concert will be limited to the inland valley newspapers (i~e-, The Daily Bulletin and The Sun]; radio will be KCAL and posters and flyers distributed in the inland valley and mountain resorts. If you have questions or need more information call me at 214 350-7696 x13. Regards, 336. ~665 EXl~IBIT "A" - 4 ~ 39.~.d '~ t T'IOMON.A.S I~880~e Z £: T f cr-,~ f / ..' T ."f,m .Staging Power Stageh~ncls Loaders El~ctnclins .... pr~jucilon Mgr ~unner Fork~ ~amcade -t /5'.,,4/,,.~,,p4,',,/'2'L~ /SZ~ O~Z &"~';,"/, /:::';',',~'~'