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Home My WebLink About1993/11/17 - Agenda Packet~~~, CITY COUNCIL t' AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. November 17, 1993 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 ~~# City Councibnembera Dennis L. Stout, Mayor William J. Alexander, Councllmember Charles J. Buquet, Couneilmember Rex Gutierrez, Counci[member Diane Williams, Councilmember ht~ Jack Lem, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City Office: 989-1851 PAGE City Council Agenda November 17, 1993 1 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on the Tuesday prior to the meeting. The City Clerk's Office receives all such items. A GALL TO ORDEp 1. Roll Coll: Baguet-. Alexander_,Stout _, Williams _,ond Gutiecez i). ANNO fur-cucurcrpRE NTATIOIJ~ 1. Presentation by Kevin Hoyt of Artwork to the City. C. GOMMLu~Qennuc cwnu Tuc mrwr rc Thla is the time and place for the general public to address the City Council. State law prohibits the City Council trom 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 Ilmitetl to five minutes per individual. j~ GON NT A NDAR The Iollowing Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any Item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: October 20, 1993 2. Approval of Warron}s. Register Nos. 10/27/93 and l I/3/93 and 1 Payroll ending 10/7/93 for the fotol amount of S 1,732,113.02. 3, Approval to receive and file Curren} Investment Schedule as of g October 31.1993. 4. Alcoholic Beverage Application for Off-Sale Beer & Wine t2 Conditional 7 for Ramona Markel, Deeb 1. Deeb. 9950 W. Foothill Boulevard. Units A anC B. PAGE City Council Agenda November 17, 1993 2 5. Approval to designate the site of the C. N. Ross House, d recently 14 demolished potential local Idndmark house, which was located ai the southeast corner of Etiwantla and Highland Avenues. Rancho Cucamonga. as a Point of Historic Interest 93-02 -APN: 227-051-03. RESOLU11ON NO. 93409 29 A RESOLUTION OF THE CffV COUNCIL OF THE CI1V OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POIM OF HISTORIC INTEREST DESIGNATION 93-02, THEREBY DESIGNATING THE C. N. ROSS HOUSE SITE, FORMERLY LOCATED AT THE SOUTHEAST CORNER Of ETIWANDA AND HIGHLAND AVENUES. AS A POINT OF HISTORIC INTEREST, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 227-051-03 6. Approval of the Environmental Initipl Stutly Pork I anq II, for the 31 proposed Street Improvement of Hellman Avenue of Ninth Street west side of the Intersection, and issuance of a Cotegoricol Exemption therefore. RESOLUTION NO.93-210 32 A RESOLUTION OF THE CITY COUNCIL OF THE CfTV Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY AND ISSUANCE OF A CATEGORICAL EXEMPRON FOR THE PROPOSED STREET IMPROVEMENT FOR HELLMAN AVENUE AT NINTH STREET 7. Approval of Map. ordering the Summary Vocation of a portion of 46 the Beryl-Helimnn Storm Droin Eosement and Ordering the Annexotion to Landscape Maintenonce Dbirict No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Parcel Map 13075. located of the west side of Hellman Avenue and south of 19th Streer, submitted by William Perry Roofing. RESOLUTION N0.93-211 49 A RESOLUTION OF THE CITY COUNCIL Of THE CIN OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 13075 PAGE City Council Agenda u,C.'-, November 77, 7993 3 RESOLUTION NO. 9&212 50 A RESOLUTION OF THE CITY COUNCIL OF THE CliV OF RANCHG CUCAMONGA. CALIFORNIA, SUMMARfLV ORDERING THE VACATION OF A PORTION OF BERVL- HELLMAN STORM DRAIN EASEMENT LOCATED SOUTH GF 79TH Sl'REET AND WEST OF HELLM,AN AVENUE RESOLUTION NO. 93-213 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUGAMONGA. CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY i0 LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS 1 AND 2 FOR PARCEL MAP 13075 8. Approval of a Waste Oil Block Grant. 56 RESOLUTION NO. 93-214 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECVCLING FUND UNDER THE USED OIL RECVCLING ENHAfJCEMEM ACT 9, Approval to adopt a Resolution rescinding Resoluilon of Intention 60 and approval of Acquisition and Financing agreement applicable fo the Mosi Pro~eci, RESOLUTION N0.93-220 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 93-152 DECLARING INTENTION TO ORDER THE INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO 8E OF MORE THAN ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED i0 PAY THE COSTS AND EXPENSES THEREOF: AND PROVIDING FOR THE ISSUANCE OF BONDS 10, Approval to appropriate 5225.000 from Fund 12 ~ 'TDA Article B" 73 (A/C T 2-4637-9204) for the signal and related Street and drainage !mprcvements at Haven Avenue and Banyan Street. City Council Agenda November 17, 1993 11. Approvol to award and authorization to execute d contract (CO I 74 93-084) for the Lions Pork Community Center Roofing Projec} to Rey- Crest Roofing, for the amount of 563,971.00, S58,155.00 plus 10% contingency), to be funded from Account No. 13-4563-?043, and in addition, authorize appropriation in the amount of 563.971.00 from the fund 13 Reserve Account to Account 13A563-7043, for }his expenditure. 12. Approval of amended Son Bernardino County Schedule Ator Law I 75 Enforcement Services for the City of Rancho Cucamonga in the amount of 57,588.444,00, to be funded from Account No, 01-4451- 6028. 13. Approval to execute o Reol Property Improvement Contract and ~ 7g Lien Agreement from Charles S. and Theresa L. Hewitt, for the deferred construction of sidewalk and street trees adjacent to 9623 Almond Sireei, located west of Archibald Avenue. RESOLUTION NO. 93-215 80 A RESOLUTION OF THE CffV COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CHARLES S. AND THERESA L. HEWITT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (APN 1061-521-20) 14. Approvol to execute o Real Property Improvement Contract and g2 Lien Agreement from Martin R. Clover and Janice A. Clever, for the deferred construction of sidewalk and n7reet trees and removal of the existing brick/wrought iron fence within the 5ireel tlght-of-way adjacent to 9029 Caballero Drive, located west of Beryl Street. RESOLUTION NO. 93-216 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MARTIN R. CLEVER AND JANICE A. CLEVER AND AUTHORIZING THE MAYOR AND CITY CLERK i0 SIGN SAME (APN: 1061-331-22) 15. Approval to execute Improvement Agreement ontl I g5 Improvement Securities for Parcel Mop 11640, located of }he east corner of Terra Vi51a Parkway East and Mountain View Drive, submitted by Lewis Development Company PAGE City Council Agenda November 17, 1993 5 RESOLUTION NO.93-211 gb A RESOLUTION OF THE CITV COUNCIL OF THE CIN OF RANCHO CUCAMONGA, CA! IFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IA~i?itpVEMENT SECURITIES FOR PARCEL MAP 71640 16. Approval to substitute Securities between the cunent developer. 88 Brock Homes, and the new developer, J.C.C. Development, for Trott 12332-2, Io~atetl on the eosi side of Haven Avenue at Almond Siree?. Releose~ faithful PeROrmonce Bontl S 1,381 U00.00 Labor and Materials Bond 6GOSN,00 Accept: faithful Performance Bond 33A63.00 Labor and Motenals Bond 16S32.OD RESOLUTION NO. 93-218 90 A RESOLUTION OF THE CITV COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING A SUBSTINTION OF SECURITIES FOR ?RACY 12332-2 E. CONSENT ORDINAN .FS The following Ordinances have had public hearings at the time of first reading. Second readings are 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. No Items Submttted. F. ADVERTISED PUBLIC HFearNrc The following Items have been advertised andlor posted es public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. SIGN ORD'NAN AM NDM NT NO 9A-O1 ~ C"N OF RANG' 9T CuCAMONGA ~ Consideration of on amendment to allow atldition0l monument signs for shopping centers, City Council Agenda u-'C1J November 17, 1993 6 ORDINANCE NO. 516 (first reading) 108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITV OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING SIGN CRDINANCE AMENDMENT 93-O1. AMENDING TITLE 14 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING MONUMEM SIGNS 2. S)-Qjy;IUERATION OP FORMATION OF COMMIINITV FACILITIES 111 DIS-iIGT 93-3 (FOOTHILL MARKETPLACE) CONTINUE TO DECEMBER 1,1993 3. CONSIDERATION OF ADOPTING' AN ORDINANCE PERTAINING 70 112 DEVELOPMENT STANDARDS FOR ADULT ORIENTED BUSINESSES ORDINANCE NO. 517 (first reading) 114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE BV ADDING A NEW SECTION 17.00.090 PERTAINING TO DEVELOPMENT STANDARDS FOR THE ESTABLISHMENT OF ADULT~ORIENTED BUSINESSES AND MAKING FINDINGS IN SUPF~ORT THEREOF 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. 1. ,CONSIDERATION TO ADOPT A RESOLUTION APPROVING THE SALE 129 OF SCOTT CABLE COMMUNICATIONS. INCORPORATED TO DCA CABLLVISION AND THE APPOINTMENT OF THE MARKS GROUP. INCORPORATED AS THE NEW MANAGING GENERAL PARTNER OF DCA CABLEVISION ~ ~ PAGE 1- ~' ~T~, ke/.~~V yX~~,~71 i 7 City Council Agenda `-~'C.~ I Q ` ~ ( I November 17, 1993 7 RESOLUTION N0.9&219 131 A RESOLUTION Of THE CITY COUNCIL OF THE CITV OF RANCHO CUCAMONGA. CALIFORNIA. APPROVING (p THE SALE BV SCOTT CABLE COMMUNICATIONS, INCORPORATED OF ITS CABLE TELEVISION SVSTEM TO DCA CABLEVISION, (ID THE CANCELLATION OF THAI CERTAIN FRANCHISE AGREEMENT GATED APRIL 17. 1985 BV AND BETWEEN THE CITY AND SCOTT CABLE COMMUNICATIONS. INCORPORATED. AND (ilp THE APPOINTMENT OF THE MARKS GROUP, INCORPORATED AS THE NEW MANAGING GENERAL PARTNER OF DCA CABLEVISION 1. COUNCIL BUSINESS The fol:owing items have been requested by the City Council for discussion. They are not public hearing Items, although the Chair may open the meeting /or public Input. 1. CELE TION OF DAR & R -REATION -OMMISSION RS 2. DISCUSSION OF RIGHT-SLING EFfORTS 3. ST_ A~~R PORT ON FIaCAL YEAR 199'+/44 FINAN C 136 ~. IDENTIFICATION OF ITEMS FOR NEXT MEETING Tltls Is the time for City Council to Identlly 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. K. COMMUNICATIONS FROM THE PUBLIC Thls is the time end place for the general public to address the City Council. State law prohibits the City Council from addressing any issue nol previously included on the Agenda, The City Council may receive testimony and set the matter fora subsequent meeting. Comments are to be Ilmited to five minutes per Individual. PAGE City Council Agenda November 17, 1993 8 L. ADJOURNMENT MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PENDING REGARDING GENTRY BROTHERS VS CITY OF RANCHO CUCAMONGA. I, Debra J. Adams, City Clerk of the Ciry of Rancho Cucamonga, hereby ceAiry that a Irue, accurate copy of the foregoing agenda was posted on November 10, 1993, seventy-two (72) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Drive. October 20, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINU'T'ES A regular meeting of the Rancho Cucamonga City Council waz held on Wednesday, October 20, 1993, in the Council Chambers of the Civic Center, located at ION70 Civic Center Drive, Rancho Cucamonga. Cafitomia. The meeting was called m order at 7:07 p.m. by Mayor Dennis L, Stout Present were Councilmembers: William 7. Alexander, Charles 1. Buquet II, Rex Gutierrez, Diane Williams, and Mayor Dennis L. Stout. Also present wcrc: Jack Lam, City Manager, James Markman, City Avomey; Icny B. Fulwtwd, Deputy City Manager; Linda D. Daniels, RDA Manager, Brad Buller. City Planner, Richard Alcom, Code Enforcement Supervisor; Joe O'Neil, City Engincer, Dave Blevins, Public Works Maintenance Manager, Bill Makshanoff, Building Official; Bob Dominguez, Administradve Services Director, Suzanne Ota, Community Services Manager, Paula Pachon, Management Analyst II; Duane Baker, Assistant m the City Manager, Diane O'Neal, Management Analyst II; Susan Mickey, Management Analyst 1; Chief Dennis Michael, Rancho Cucamonga Fire Prolecfion District; Capt. Bruce Zcircer, Rancho Cucamonga Police Departrnenl; and Debra J. Adams, City Clerk. .r•+~• 8. ANNOUNCF.MF.NTS/PBFSENTATIONg B 1. Presentation of Proclamation recognizing the week of October 23 Through 30, 1993 az Rat Ribbon Weck. Mayor Stout presented the Proclamation to Paula Pachon, Management Analyst II, .~r•+• No commwncations wcrc made from the public. ...... DI. Approval of Minutes: September 30, 1993 (Buquet absenQ October 6, 1993 (Buquet absent) D2. Approval of Warrants, Register Nos. 9/29N3 and 10/6N3; and Paymll ending 9NN3 for the total amount of 51,518,895.58. City Council Minutes Ocmbcr 20, 1993 Page 2 U3. Appmval m receive and tilt current Investment Schedule as of September 30, 1993. D4. Approval to appropdate 510,000.00 from Fund IN - "Gas Tax" for the Milliken Avenue Extension from Armw Route m Foothill Boulevard project. D5, Approvalbcxtend Comwst Cable TV Franchise. RESOLUTION N0.91-012N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMGNGA, CALIFORNIA, EXTENDING COUNTY OF SAN BERNARDINO FRANCHISE LICENSE WITH COMCAST CABLE TV FOR 90 DAYS UPON EXPIRATION OF CURRENT LICENSE WITHIN THE CITY OF RANCitO CUCAMGNGA D5. Approval ro purchase 10.75 acres of land from Whittier College in the amount of S1,If10,0(10.00 for a proposed sports compluz expansion parking bt, m be funded from Account Number 19.50400. RESOLUTION N0.93-I87 A RESOLUTION OF THE CITY COL'NCIi, OF THE CITY OF RANCHO CUCAMGNGA, CALIFORNIA, REGARDING PROTECTS BENEFITING THE RANCHO REDEVELOPMENT PROTECT AND MAKING CERTAIN FINDMGS [N REGARDTHERETO D7. Approval m award and authorization b execute contract (CO 93-080) far Landscape end LmgaGon Maintenance for landscape Maintenance Districts 7 and 8 m Landscape West, Incorporated for the amount of 540,R25.20, m be funded fmm Landscape Maintenance District 7 (538,436.80), Account No. 47-4130-5028, and Landscape Maintenance District R (S2,3ft9.40), Aceount No. 4&11306028. D8. Approval to execute a Memorandum of Understanding (CO 93-081) between the Rancho Cucamonga Rcdevciopmenl Agency, Ne City of Rancho Cucamonga and the Chamber of Commeme for Fiscal Year 1993ry4 and authorize the City Manger W sign. ITEM REMOVF,D FOR DISCUSSION BY MAYOR STOUT. D9. Approval to accept Improvements, Release of Bonds and Notice of Completion for Ttxt 12870, located on the rmnheast comer of Highland Avcnce and Etiwanda Avenue. Release: Faidtful Performance Bond (Stott) S 1,373,000.00 Acc~lx: h1aintenarce Guarantce Bond (StreeO 137,300.00 RESOLUTION NO, 93-ISR A RESOLUTION OF TI{E CITY COUNCIL OF 'fHE CITY OF RANCHO CUCAMGNGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 12870 AND AUTHORIZING THE FILING OP A NOTICE OF COMPLETION FOR T11E WORK MOTION: Moved by Buyud, srconded by W illiams m approve the staff recommendations in Ne staff reports contained in the Consent Calendar with the exception of Item D8, with Buquet abuaining from the September 30 and October 5, 1993 minutes, Modon rarticd unanimously, 5-0. City Council Minutes October 20, 1993 Page 3 rrrarr DISCUSSION OF ITEM D8. Approval to execute a Afemorandum of Understanding (CO 93- 081) between the Rancho Cucamonga Redevelopment Agency, the City of Raocho Cucamonga and /he Chamber of Commerce for Fiscal Year 1993/94 and authorize the City Manger to sign. Mayor Smut asked that this item be voted on scpamtcly as stated during Ne RDA meeting. MOTION: Moved by euquet, seconded by Williams m approve Item I18. Morton cartieA 4-1 (Stout no). araaar No items were submitted. No items were submitmd. No items were submitted. F.. CONSENT ORDINANCES +raraw F. ADVRRTISED PUBLIC HF.ARINOS e aaraa G. PUBLIC HF.ARINOS •rrar. }j. CITY MAN OF.R'S STAFF REPORTS Hl. CONSIDERATION TO EXECUTE AMENDMENT NO 4 TO THE LEACE WITH VALLEY BACEBALL CLUB !CO 92-0.541 PERTAINING TO THEIR pARTiCIPATION IN THE PROVISION OF ADDITIONAL PARKING F;:Ctt LT!cg Stall report presented by Linda DanieAS, RDA Manager. MO710N: Moved Dy W illiatns, seconded by Alexmtdcr m appmve the amendment m the [case with Valley Baseball Club. Motion cartied unanimously, 5-0. +aaarr H2. CONCIDERATTON TO ADOPT A RESOI IITTON TO REGLn ATF BACI T FR RL RATFC AND RELATED EQUIPMENT COSTS AS ALLOWED BY THE CABJ;Q TF,LEVISION CONSUhLER PROTECIION AND COMPETITION ACT OF 1992 Slalf report presented by Susan Mickey, Management Analyst I. Cwncimember Gutiertez stated he remembers the Marks Gmup's previats canments whereby they stated they wanicd the City to rogulatc anA asked it their opinion has changed. He slated he would like m hear from Them tonight. City Council Minutes (ktober 2Q 1993 Page 4 Councilmember Huquet sorted he felt the service given by the table companies has greatly improved form yeas past. He asked for an update on where the City sterols wish negodations wish each of the cable companies. Jerry Fulwood, Deputy City Manager, reported that the Times Mirtor franchise has been terminated, Comcast negotiations are progressing ro finalize their franchise agreement. Simmons and the Marks Group are working on lessening Neir complaints and enhancing their service. He stated the Marks Group is in the process of acquiring Simmons. Councilmember Buquet commented on the seven years of negotiations with Comrasl and the fact that their County fmnchise has run out, but the fact that the City H giving them extensions until things can be worked out Councilmember Gutiertez asked staff m explain what it means for the City ro regulate rates. Susan Mickey, Management Analyst I, stated it gives the City the authority m regulam the basic tier level of cable scrviu. Mayor Stool opened d~ muting for public hearing. Addressing the Cily Council was: William J. Marks, Marks Group, stated he does na think the Marks Group has ever received any bad reports from other cities about 0ev sevice. He sorted they aR here to dcvebp a good relationship with the City. He felt if the City regulates cable at this rime, it will kill his deal with Simmons. He asked that die Council not regulate cable at this time. There being no further response, Ne public hearing was closed. Cnuncilmemher Huquet asked him why he has changed his mind about regulating. Mr. Meeks stated he has not changed his mind, but that the problem is Ne riming issue with his deal frx buying Simmons Cable TV. Councilmember BuquG asked him how much came he needs. Mr. Marks stated December 1, 1993 at the earliest, and Jantury I, 1994 at the latest Michael Friedman, Teluommunications Management Company, felt the one potential drawback that he secs if Bie City Council delayed their decision past November I5, which is a key date because the FCC has ordered rate freeze expires, is that if any cable operator's rates are below what is known as the FCC benchmark, they can raise then rotes b the benchmark without the City being able to order a roll buck. He sorted that Mr. Marks has indicated in musings Nat they would not raise then rates, but felt he should say this publicly tonight. Mr. Marks styled if the Council does nn[ regulate cable rotes tonight, he will not go right up to the benchmark on November I5. Mr. Friedman sorted he felt this was the key issue. Cnuncihnember Auquet asked if Ne Marks Group was calking about a S .44 incmase. Mr, Marks states Ney arc looking at a S .44 increase as They had told the City previously, and stated they would leave their Icvel of service the s:mte, He stated if the Council egulates, he is asking that the City nrx raise their rote card on November I5. City Council Minutes October 20, 1993 Page 5 Councilmemher Buquet felt Nis should be wntinued until Ne first of Ne year, and not mgulate at Nis time. Councilmember Gudetrez felt Marks deserved a chance and agreed wiN Cauncilmember Buquet. Councilmember Alexander asked if Ne City decides not to regulate, mould Ney change Neir minds within Ne next 120 day period. Susan Mickey, Management Analyst I, s~atcd Ncy could reapply to regulate, Bill Marks stated if Ney ate not in Ne middle of the Simmons deal, they would probably be asking the City to regulate when Nis comes up again He stated for tonight, he would ask Nat Ne Council not go forwanl wiN reguladon. Bill Marks, Jc, reiterated to Ne Council drat Ney can go back and regulate at an/ time. RESOLUTON N0.93-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFGRMA, ADOPTING PROCEDURES PERMITTING THE REGULATION OF CABLE TELEVISION RATES FOR BASIC SERVICE AND RELATED EQUIPMENT MOTION: Moved by Buqual, secorMed by W illiams to continue We regulation issue to January 5, 1994 including Resolution 93-189. Motion cartied unanimously 5-B. Mayor Stour smtecl he is wncemcd about how Ne federal govrmment handled Nis issue. He stated dro law does not give Ne City Nc pMasure of totally regulating cabh; and Nat all the City can do is regulate Nc back rate. :rrrrr REQUEST BY GLENN CROWN TO DISCUSC SIGNS IN TILE ALTA LAMA PLAZA SHOPPRVC CENTER ON THE SOLrrHEABT CORNER OF CARNE7_IAN AND 19TH STS Mr. Glenn Crown, Off Road Chicken and BBQ, Camclian and 19!h SNcet, felt Ne Sign Ordinance was prejudicial m small business owners. He continued to comment on the stiff report and how he disagreed with it. He presented pictures to Ne Council and mentlnred he did not like how the Code Enforcement Department handled his situation. Mc Cmwn read comments from Ma John Trimm, 9687 Base Line, which sated he felt sandwich board signs ere the mosteffce6ve method of advertising used by him. He felt he was losing money because. of not being able to advertise appropriately. He felt Ne Council should open Neir eyes to small husinass and try to help Ihcm out. Mc Crown Felt Nc Sign tdinance should be looked at. He smted he is wilimg to sit nn a committee to try m change the regulafions. Mayor Stout sated Nc Sign Ordinance was developed because Ne people Nat spoke at the time it was developW did not want Rancho Cucamonga to look like Holt Bivd. Councilmember Alexander staled he hasically agreed wiN Mr. Crown Nat the City needs to do something to assist Ne business community, but Thal he did not feel it should look like Holt Blvd. City Council Minutes October 20, 1993 Page 6 Councilmcmber Buquet felt he should sit down with Brad Buller and talk through some of his issues. He tired he felt Mr. Crown has goucn some of the Ihings he wanted when he acts reasonable with staff and does not threaten them. He smtrd he (elf the City is willing to listen m suggested changes. Councilmember Gutierrez suggested that Mr. Crown work with the Planning Commission on some of his issues. He felt there could 6e a group get together to work on some e(his concerns. Mayor Stout felt the Planning Commission and staff should look at some of the larger cemers' signage also. He asked Mr. Markman to describe what the City can do legally. lames Markman, City Athirncy, smted swff would have to work on this and go before the Planning Commission and then back to the Ciry Council. He felt this would take about 3 b 4 months. He felt Mr. Crown should work wish the Planning Commission for some kind of temporary sign relief. Councilmmnbcr Williams felt when a shopping center paints their windows they arc diminishing some of then security, and she also indicated she did not like all the paint on the windows. Mayor Stout and Councilmcmber Buquet suggested that Bmd Buller work with the Planning Commission and small business owners on temporary sgnage issues that are occurring right now, Councilmember Buquet felt Bmd Buller should work with the people in this particular center first to discuss (heir issues. Councilmcmber Gudemez suggested Bmd Buller work with the Code Enforcement Division nn how they deal with problems and the general public as far as professionalism towards customers. MOTION: Moved by Stont, seconded by Buquet for Planning soft to work with the Planning Commission and small business owners on temporary signage issues. Motion carried 4d (Alexander no). Councilmember Alozander sated he fell the rest o(the people That wanted m speak on This issue should be given the chance to do so. ..»+r• Mayor Stout called a recess at 9:22 p.m. The meeting was called back to order at 9:33 p.m. with all Councilmembcrs present. •.r~n. Sigmond Solowski, owner o(!he Alla Loma Plaza, asked that there be a cortection made in the staff report in paragraph 1 where it discusses 4 monument signs, and staled he did not ague with haw this was written. He stated it took him over one yrrr to change signs to get what he has now. He sated he is not hem only on Mr. Crewn's bchal(, but (nr the other tenanu also. He Smtcd he would be happy to work wish Mr. Cmwn and City su(f on the issues brought up. He staled he would take pictures of Tustin Avenue in Orange Cnwrty to he discussed at the :ncetings. Mayor Smut asked him to lake the pictures on the street as it goes (mm City to City, Councilmcmbcr Williams staed she did nta feel J:c windows should be painted all over them. Mr. Snlnwski commented on the vacancy ram in commercial areas in Rancho Cucamonga. City Cuurtcil Minutes October 1A, 1993 Page ~ Mayor Stout stated the best marketing mot for a shopping center is public safety. Councilmember Buquet azked him what his vacancy rate E. Mr. Solowski sated'b". Councilmembcr Buquet stated he would like m get Mr. SobwskPS input regarding this issue. Brad Buller, City Planner, sated he haz worked with Mr. Crown and dtc other tenants with regards ro their signs and felt them was flexibility in the Sign OnlinarNe m possibly assist them. Courrcilrnembrr Buquet asked it there was a way m Aeal with this that would not be a N+tg drown out process. Brad Bulicr, City Penner, stated he felt them would be a way to deal with it favly quickly. 11. Couttcilmember Buquet sated he would like m talk about his right sizing item when the Comcil talks about the budget situation in November. •~~~rr K. COMMUNIGTIONS FROM THF. PIIRUC No canmunications were made from the public. ~~~rr• MOTION: Movrd by Alexander, seconded by Buquet to adjourn to an Executive Session to discuss Personnel masers. Motion carrwd unanimously, 5-0. The meeting adjourned at 9:49 p.m. Respectfully submitted, Dcbm 1. Adams, CMC City Clerk Approved: 9 .N.nGa NaONhN00 nie'. e'~nae oowowir=eiiooervoNOOO~.Ni noocrPa eP .~.amP .. 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STAFF REPORT '~ s DATB: November 17, 7993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager PROM: Brad Buller, City Planner SUBJfiCT: POINT OF HISTORIC INTBRRST DBS IGNATZON 93-02 - CITY OP RANCHO CUCAMONGA - A proposal to designate the Bite of the C.N. Roos Aouee, a recently demolished potential local landmark house which was located at the southeast corner of Rtiwanda and Highland Avenues, Rancho Cucamonga, ae a Point of Bietoric Interest - APN: 227-051-03. 1mCDlm®IUMIOP The Bietoric Preservation Commission recommends that the City Council approve Point of Interest Designation 93-02 for the Bite of the C.N. Aoae Nous e. The Robs Pamily`e home was an important element in the historic core of the Btiwanda community. Ban Bernardi:w County records show that Charles N. Aces, a local citrus grower, first possessed ownership of the property on the southeast ccrner of Riiwanda end Highland Avenues in 1895. Mr. Aoea was one of the Stiwanda Colony's earliest settlers, ae records indicate he owned 10 scree of vines and trees in 1883. Ne constructed the home for his family shortly after the turn of the century. The demolition of the c.N. Rose Aouae was allowed using powers defined in the Uniform Code for the Abatement of Dangerous Buildings. In April 1993, the house, which had been abandoned far a period of approximately four years, had deteriorated to an extent that the Building Official classified it as dangerous. The Building Department staff had on many occasions attempted to get the absentee landowner to resolve the nuisances associated wish the abandoned mtructure. However, because of the physical condition of the structure and the need to have the nuisattce removed as soon ae possible, the demolition of the C.N. Roes Bougie occurred prior to Che Point of Znteiast hearing. Therefore, the Historic Preservation Camiaeion cone idered the Point of Interest Desi gnatian in July, after the demolition. Scheduling conf licta did not allow this to ba on an earlier agenda. ~~ CITY COUNCIL STAFF AHPORT POI 93-02 - CITY OF RANCAO CUCAMONGA November 17, 1993 Page 2 Horsed on past Comission and Council action, Point of Interest Designation includes certain mitigation measures at the time of development. in the wore of a site on which an important building or structure once ataod, a rnmmemorative plaque has been placed w-site nt the time of development. This option and others like it would be available for the Planning Commission and City Council to enact when that time comes. Respect lly su tied, Hzad oiler City Planner HB:AH:mlq Attachments: 8xhibit "A" - ~C Staff Report dated July 14, 1993 Resolution of Approval /~ Cl'i'Y Vf' HANCHU CUCAMONVA STAFF REPORT DATE: July 14, 1993 TO: Choi town and Members of the Historic Preservation FROM: ezad Sullez, City Planner 6Y: Anthea M. Rartig, Associate Planner SU&IECT: POINT OP INTER63T DSSZGNATIQi 93-02 CITY OF RANCHO CUCAMONGA - A proposal to designate the site of the C.N. Rose House, a recently demolished potential local landmark house which was located at the southeast corner of Btlwande and Highland Avenues, Rancho Cucamonga, ae a Point of Historic Interest - APN: 227-051-03. BACKGROUND: At the last meeting of the former Historic Preeervntion Commission, this application was initiated by the Co®iaeion. The subject Bite was previously reviewed by Coltrane historians during their Historic Resources Survey foi the Route 30 Corridor. This previous study identified the Aoss family's home ae an important element in the historic core of the 8tiwands Community (please see Exhibit ^RPC-1," Riatoric Resources Survey Porm). Although deemed Sneligible for the National Register of Riatoric Places by the State historians, the previous Comeiselon and staff found ample evidence to Sdentify the building ae a Potential Local Landmark, ea will be discussed below. The demolition of the C.N. Ao98 House occurred in June of this veer. The Building Official, using powers defined in the Uniform Cnde for the Abatement of Dangemm Hui ldings, declared in April of this year that the abnndoned house on the southeast corner of StiNanda and Highland Avenues had deteriorated to an extent that claeeified 1t ae dangerous. The C.N. Rose dome is listed ae a Potential Local Landmark on the City's Historic Resources Survey and therefore the Comieeion deternined that though the house has been demolished, it was still appropriate to consider an Riatoric Point of Interest Deaignetion. SITE LOCATION AND DESCRIPTION: A. Location and Description: The 10-ncre site is located on the southeast corner of Etiwenda and Highland Avenues. Square-shaped, the site lacks its original context, a citrm grave, but still retains moat of the 6ucalyptue wind[owe that hlatorically defined the site. B. Site Land Ube, Zoning, Stiwenda Specific Plan Dealgnatione: Per the Etiwanda Specific Plen, the site's lend use Se daalgnated Very Low Residential (0-2 dwelling unite per acre). /© HPC STAPF REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Yage 2 C. Surrounding Land Uae, Zoning, Etiwanda Specific Plan Deai anations: DireMly to the north of the site lies the Route 30 corridor right- of-way, while land to the south and east are also designated Very Lox Residential. To the west lies an existing residential tract with an underlying land use designation of Low Residential (2-4 dwelling unite per acre). D. Physical Description: The house was a large, two-story building with a medium hip roof; very similar in design, scale, and age with its neighbor to the east, the ]Camp Nouae (Map Reference No. 41). Although no date of conetruMion could be obtained, the house appeared to have been built just after the turn of the century. The roof had triangular attic yenta on the east and west elopes, and do ^caet atone" concrete block chimneys were placed near the crest; a third chimney of similar material was on the rear elope of the roof. The eaves were open, with projecting rafter ends. The house was sheathed in 2-lap drop aiding, and had a elated bny with three windows on the ground floor of the south elevation. The house had a ey®etrical facade, with the second story conslnting of a central pair of double hung windows, which appear to have provided access to the upper level porch, flanked by Mo seta of double-hung windows with simple surrounds. The main entrance is centered in the lover level, with the doorway flanked by single, wide 1/1 double-hung windows. The major alterntion was the loss of an impressive, full- width front porch, which covered the ground floor and had an encircling railing ponsibly cresting a balcony above. It was supported 6Y four turned posts, had no railing on the lower level, and was accessed by single steps in the center end on the aide e. It had been replaced by three hipped canopies over the front windows and door. At the rear, a one-story addition projected eastward; with a low gable roof which was made prior to 1936 (according to an aerial photo taken that year). O[her alterations included the lose of h±atoric outbuildings and the removnl of the surrounding citrus grove. 1Tere are no other features on the property except the eucalyptus windbreaks. ANALYSIS. A. Significance: Historical and Cnltnral - San Bernardino County records show that Charles N. Rosa, a local citrus grower, first possessed ownership of the property on the southeast corner of Btiwande and Highland Avenues in 1895. Roes waa one of the 6tiwanda Colony's earliaet settlers, ae records indicate he owned ten ecrae of vines and trees in 1883. Ne apparently constructed the nos demolished home for his family shortly nfter the turn of the century. By 1908, he wee president of the Btiwande Ciirue Aeaocietion; two yearn later, he sae serving ee Vice-President of the organization, now renamed the Stiwendn Citrus Fruit Growers Association. By 1974, he sae President of the 6tiwenda Foothill Citrus Association. He appears /( RPC STAFP REPORT POI 93-02 - CITY OF R. C. July 14, 1993 Page 3 to have been a major citrus grower in the mmmun.ty, haying owned several 10-acre parcel9; county records show aeaesamenta in the three and four thousand dollar range for his orchards from 1917 to 1923. It is likely he built hie large home from the proceeds of hie early successes in the citrus industry. The property remained in his ownership until 1925, when it ores transferred to earold B. Rosa and other members of the family. In 1936, it became the property of Stella A. Carter, who appears to have been a member of the family, possibly a daughter. She was still ahoan as the owner in 1940. Architeetmrel - The house was the tome of a prominent local citrus grower and his family. C. Newton Rose appears to have made notable contributions to local history, especially with regards to the citrus industry. The house, however, had been altered from hie period of association with it, having loot a major character- defining element, the large, elegant front porch. ILB replacement by three triangular canopies over the ground floor windows and doors further detract from the appearance ae Rose world have known the house. Alno, an unettznetive rear addition had been cede, and the historic outbuildings and groves associated with the property's aignificence as a citrus ranch were removed. Immmem - The unfortunate demlition of the Robe Nouee occurred after the property owners allowed the building to deteriorate to a stele where it represented a danger to the public, according W the euildinq Official. Ae per the Co®isaion end City's policy, Point of Interest deaignntion can recoaead that certain meamuree be enacted at the time of development in order to mitigate the lose of this recognized historic resource. B. Snvizonmental Aeaeascent - Poirtt of Interest Designation: Historic deaignaYiona are exempt under CHQA per Article 19, Section 15300. C. Environmental Assessment - Demo11i1on: Possible mltigetione that could be required of a future development project on the Roee Aov9e site include: 1. Reconstruction of the hovae per recent documentation end historic written and photographic sources. 2. Contribution of ceniea toward City preservation projects, i.e., the Cheffey-Garcia Earn. 3. Com:emoration of the history of the nits through an integral public art program that would include both visual end verbal interpretation. 4. Commission of a number of oral histories (under live) focusing on the Ibmm House ^Sts and the citrus RariGge of the 6Liwands comunity. /~ HPC STAFF ASPOAT POI 93-02 - CITY OP A. C. July 14, 7993 Page 4 FACTS FOR FR7DING$: Per Section 2.24.090 of the City's Historic Preservation Co®ission Ordinance (Ord. 70 ), the following findings are made in support of this designation recoemendation: A. Historical and Cultural Significance: Finding: 1. The proposed Point of Interest is particularly zepresentntive of an historic period, type, style, region, or way of life. Fact/s: The Charles N. Rosa House stood ae an important reminder of the early citrus growing era of Stiwanda's history. Finding: 2. The proposed Point of Intete8t is an example of a type of building which sae once croaawn Dut is now ran. Fact/s: A8 a grove house once surrounded by acres of citrus trees, the Rosa House represented oae of a handful of Hoch homes still in existence. Pinding: 3. The proposed Point of Interest raa connected with someone renowned or important or a local pereoaality. Fact/a: Charles Rose came to Btiwanda early in its settlemm:i, arriving in 7803, only one year after the Chaffey brothers established the colony. An active grower in and promoter of the citrus industry, Roae arced several 10-acre parcels and ass a key participant in thc growth of the commanity. His family and descendants con[inued to live end work in the coamm~ity Snio the 1950e. Finding: 4. The proposed Poin! of Interest is connected with a business or oae which sea once conaron Dut is nar rare. Pact/e: 7TH citrus industry played a critical role in the formation and growth of the Htiaenda Coaaounity. The industry's presence has declined dramatically in [he past forty years. R000lWBNDATION: staff recd®ends that the Comaiesion fosMard rte approval to the City Council to designate the Roaa House as an Historic Point of Interest and to record for future environmental assessment of e project on that site the following potential mitigstione caused by the neglect and eventual demolition of the Roea House: 1. ReconatruMlon of the house per recent documentation end historic written end photographic aourcu. 2. Contribution of monies toaerd City preservation projects, S.e., the Chaffey-Garcia Barn. i9 tlPC STAPF REPORT POI 93-02 - CITY OP R. C. July td, 1993 Page 5 3. Co®emoration the history of the site through an integral public art program that would include both visual and verbal interpretation. d. Commission of a number of oral histories (under Five) focusing on the Roes Bouae site and the citrus heritage of the tltiwanda rnemunity. Respectful bmitt i~~ Brad Bul r City Planner Be:A/4tl/jfa Aiiachmanta: 8xhibit ^BPC-i^ - State tlistoric Resources Survey Porm 8xhiblt "~-2" - Photographs Exhibit "tlPC-3" - site Plan Resolution of Approval ~~ • CALIFORNIA DEPARTMENT OF TRANSPORTATION ARCHITECTURAL INVENTORY/EVALUATION FORM MAP REFERENCE NO. 40 Coumy - Roua . PoNmfi•: SBe 3Q 0.0/d2.9 ( ) LISTED ( ) DETERMINED ELIGIBLE ( ) APPEARS ELIGIBLE (x) APPEARS MIELIGIBLE IoENIIFlCAnt~N ~, 1.Cananen Narra: CaMr fbus• v ~ 2.HWOrlo Name: C. N. Rosa House 7.DVM a rural addr•p: 9527 Etnwnda Awnu• •~ CIry: Ranclw Cueamonpa (Ethvarda) 2IP Cod.: 91739 County: San B•rrt•airto -- sP•roal NumWr: 227-051-03 Pra••m Owner: Daniel Maa•pfi Addrna: P. O. Boz 215 tH1y: Rancho Cuananga 71p Cade: 91730 - - SOwrtwahlP h: ( ) Pubfie (x) Prhah • . 6.Pr•••m Uw: R•aldandN Orgwal Up: R•sid•neal iqN 7aarddpNVa1 Style: CabniN RavivaV'Feuroquan• 7A.MMPy d••eNW tM prw•nt PHYSICAL CONDITION N 1M •M a atruNUn aM e••orNa arty mayor - apwrnbna Kom M orgnW eorMltlon: - . TM noun is a tarp., aroetaY buildkq wM a medium hip roof: N Ia very skmW in d•sipn, seal. end p• with ns n•ghhor b Oh •aaL tM HwnP Itousa [Map RN•r•na No. •t). Akhouph rw da• N oonmuctbrt ooWd W ohtam•d, -_ M• houw at>t»ara b now Wen.Wk lust ak•r Ih• dnrt d dt• arm+y, TM and hp triargalw amt vema on the ~ •ut and wet abp••, and two •taN atone' oonem• 6bck chimmYa aw Woad n•r M• vN; a thim chknn•y of aim9ar material i• on tM rear elope d IM ma. Th• •wn era open, wkh prajacdp raker ands. Th• Mua• is ah•ath•d m 2-lap tlmp •idw0, and hM • Named AaY with Nr•• wiMovn on M• ground fbor a tM •ouM •I•vlton. TM hoof. has ^ rimntNrM.N had.. wnh tM a•ara Nory conaeWtp N a o•mrN pak N doubN M+q ariraows, - when appav to have providae aoau to IM upper Nv1 path, fIWtW W two a•u d dounN-hoop wMMOwa wiM simple wmwMS. TM mein amrana h amble w tM bw•r hwL wNh dt• doorway fhrNW oY •klpN, wide to _ eouWnhurp windows TM mapr aneratiort p M• bra d M rmpnuMa, IWFwaOt Itom pooh. whkh cawed tM ." ground Iwo. and had an •rwkdinp nkktp onatktp . tudoorty avow. n was suppon•d M by tumM pom, era nee a wane ibor; n had no rNwp on tlu bwar IarN, and wu aoafa•d M ffrpN Nape in M• enter and on M• aide. _ n hu h•.n r.W,ad fy tor.. rlipp.d canopi.f owr tM hom wiMOws wa door. At tM rev, a en. Nor sdtlkion pmj•G• wuMUd; k hY • bw paoN roof, aM was mW prbr b 1938. sa k appears al an aaNN Wwb taken thN " Yav, qMr aMrabm NMud• Ov boa d hprorb autlw9dirpa aM dt• nmovN d tA• •urmuMkg olPw prow. Thwa v rb other 1•aturu on M• pmp•rry •xaW too eucalyptus wwdbnab. _ s Can•huAan daY 6tl•rerfd: IteM) f••uwh ( ) 0. AroNM1: Ilrfftofw I 10. WIO•r: {kdawrm - 11. Attw•x•proPVt-aha Aweap: 10 12 DetyIN•nale••ePMb9mPMsl+ _ January 27, 19N BXHIBIT "I1PC-3" P.O.i, 93-02 ;,;• ~.~,> ~• s; s3.COndhbn: Fxcsl4m ( ) Good ( ) Fair (x 1 Detodoratad ( ) 1Mltarufans: Removal of fr9M porch, eanopios adtlotl oust from wirxlows. romoval d grow and outbuildings t5.5urrouMln9s: (Check moro Man ons y necessary) Open land (x) Scutasd buildings ( ) Densoy bui8-up ( ) Realdsmial (x) Industrial ( j Commordal ( )Other. te.Threata to she: Nono known ( 1 Pnvuo Devabpmem ( )Zoning ( )Vandalism ( )Public Wodca Project (x 1 Other: 17.4 the atruaura•. On b original silo? (x) Movod? ( ) Unknown? ( ) 18.Ra4udisaWrsa: Eucalyptus windbnaka SIGNIFICANCE 19.Brlefy ahlb hltdorkal and/or arehl4ctttral Imponanca (htelttls dates, evenla, arM parsa0e aaaoe4tsd arhh iM sin): The ProWM was irecad back Mrou9h San Berrlmdkto County Assaswr lot hocks to 1995. whop it ww owna0 W Charles Newnn Rosa, a loco cans Wow+r. The bt books for Ms EBwnMa Cobrly NrWs fro unuwu in Mu same imlxowmsma era shown in the 1890x; a amW imiwovemem is shown on Me psaWr0/ Mnugh AteNaors Yav 7901, wMch Asa kareassd ntr~ty sevan• fold by 1915, when kant9 knprovamsue resumed The house agpasn a haw been oorninrc4d Many afar tM tom d the cantrrry, judpktp by Ma arrdMeduru draracnr. (CONTINUED) Low9on akabh auP (draw i labw sA raid ewmiardkq coact, rosW, rld Drarrnwm lMnwbl: Sw Map 3 20AYIn tMma d tM hluorle narstuea: (8 rriwe than ona b checked, number in oaer d imponsrs».) ArchAedun ( ) AM d Leisure ( ) Ewnomialndrarisl ( ) ExgamarussBNmerd ( ) GovemmeM ( ) Milituy ( ) RNgbn ( ) SociaVEducalion ( ) 21.Sources (Lift bode. dowmems, wrveya. patrons/ imarvwwa and Meir duos.) EtiwnrMa. The Fier 700 Veen. Etiwarlda Hhaiad Soduy, 1982; A Hotav d FdwsMe DY fiobsrt L Nidamx, 1991 (MS coPY kr Clly d Ranch Cucamaga Plannkq Dapanment hisorical wrvey Bla). •Dpignatsd and Pdertti9l Higodaal 59e LM', C9y d Rarala Cucamorpa March 1988; City historical aurvq prope0y NM for 8527 Etlwanda Awnw, fiartnkp O.panmau, CAy d Rartclro Cttanan9a; San 9snrardka Court Aaasaa9r, Ld B9eb 4 (old ratios. 1995-1918), 3, 15, 33, B<, % and 122 (1917.1918). Fairchild AeAU Phob Col4don, Whk14r Cdla9e (Photos C t081•tb, 1938: GSW2.19, 3/13/1938). 22.Oan form fsrspared: Febn+ary 21, 1909 0y: Hann A, t3squp Orpanlaubn: Cahrans Addnu: 1720 N Strwt Phona:3 918 920.7872 ~ tea: 95814 O~ CONTMUATION SHEET MAP REFERENCE NO. 4o 79.Brlehy stab hlaroripl and/or archltedunl Impornnp (mduda dnaa, swore, and peraorra aaaodaW wltA Me dq): C. Newton Rosa was one d the warty aattNro in tM Eitwanda Cobrry; ma Q77prM F ,h c:~. d Much 13, 1883 noted M ownetl 70 acraa d vino aM ttaaa in Etiwuga (Nidccax, P. 1191. In 7091 M is llatW as s aharrroru in the Euwanda froh Company (Hisitcvx, P 2131. and wa active in the pomotbn d tM local chw bsduahy. 9y 7909. M was paaidert d ma Etiwantla Clue Asaodation; Mn yere lour, M wn srwnq as vinprasidara d dr organization, now renamed the Etiwanda Cllrw Frup Growers Asaoerbn. 8Y 1971, M was laee'LMI d Me Eriwarda Foompl Chou Aa+odatlon. fle MPeara ro ht7w Iran a major aYnr Itroawr in iM oommuniry. haWnp owned eevrr 76awe parwla; oourty raroNs show asfaaamade b tlr IhrN and four lfrousan0 ddlr rarvp for hie orchards fmm 79t7 m 1923. his Poly M bull hie urge Itorru ham me proceeds d hie early rsmeeas in tM cMnr industry. TM proprly remained in hu ownrehip udp 1928, when h vlu haneterrod m HaroM B. pose and emu members d ma family. m 7938, p berme tM property d Sully A. Carter, wlro appear b haw ban a member d tM family, posnbly a dauphtor. SM wa app ahawn r tM owner in 1918. The Muu was tM Mme d e promised bctl cltu 9rowar and Me bmpy. C. Newron Roes appru b have mad. notade aorrldhtr9ons m local hiatry, arpada9y wpb reprd b tlr dtrua itouaW. TM houa, frwavar, hss ben subumiapy ahead hom hie perbd d aeaodrbn wim I4 having IoM a mapr dwraciarEafininp eNment, tlr larye, elegam irord parch: ha raplaarrrd by tlrrea Mrgufar campy owr IM Yrourm floor whidowa and doors hMlrr datraq from Ma apparuroe p Ro+a would haw known ttr bows. ANo, an urdnaNa rear addhbn htl bean made. and ma historic outlarpi6tpe and 9waee aeaaritlW whh the praprty'a sgnpFprtoe n • clot ranch Aare bean rurovad TM houu now curds oboe on a Wpa, bra bl, end der nol atanwy tM aerae d ilr one pur rqukW 4 tM NrbrW Rapirr. AMhouph tlw houa mq haw Mil tuna kN sipniprrir brit dlrad asaociatbn w9h C. N. Ron, h ho bean w aubetrdally eherW 11W h no brrger maMe tM ullsda d 81a Nrionai Re9ietar d Nbtorio Places. C~V Map Reference No. 90 :zl. `~~... !! ~~,." _ - -... _ ~.. ,: r.,~ a C. N. Ross House, 6527 Etiwanda Avenue Front elevation, cobblestone curb in foreground ~~ ` Rear elevation ~~ HISTORIC PRESERVATION COMMISSION LANDMARK SURVEY Address: (052 BTtWA.h1DAe AVE•_ AP# 22"1-051-03 View Looking EP~S'r .Dare of Photo H'`~13 View Looking ~ Datt of Photo A ~ q,, 3 ~T HISTORIC PRESERVATTON CONLVfISSION LANDMARK SURVEY Address: 1~iJ27 ETIWAM-1bA AYa:. AP# ZZ-l - 051 -Q~, a~ View Looking 1J O RTN .Date of Photo 4 I A~ 3 _. View Looking SOUTH .Date of Photo 4~~3 HISTORIC PRESERVATTON COMMISSION LANDMARK SURVEY Address: G 5 2 7 ETiw.nr.iDA dyE . AP# 2-Z~l - OS I -03 View Looking .Sr.Sr~tci'HV~'Date of Photo ~I '~S View Looking , t.102T••t-' .Date of Photo 41g3 a7 ~~~ Q Fo1zME(rJ ~ G. N • ae+~6+ld.es~: p G. ~q05 Z 3 w ~fl qi ITEM: P.D.S. 93-oZ TITLE: 51'T~ 'Ft~.i.t N EXHIBfC:IFpC-ascnLE: ~N/~- ~~ RESOLUTION N0. H 3 -~~ A RESOLUTIOi OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF HISTORIC INTEREST DESIGNATIQi 93-02, THEREBY DESIGNATING THE C.N. RDSS HOUSE SITE, FORMERLY UJCATED AT THS SOUTHEAST CORNEA OP ETIWANDA ANO HIGHLAND AVENUES AS A POINT OP HISTORIC INTEREST AND HARING FINDINGS IN SUPPORT THEREOF - ApN: 227-051-03. WNEREA$, the City of Rancho Cucamonga has filed an application for Point of Interest Designation 93-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Point of Interest Designation is referred to as the "application." WHEREAS, On July 14, 1993, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and, following the conclusion of said public hearing, adopted Resolution No. 93-06, thereby recoamending to this City Council that said application be approved. WHEREAS, on November 17, 1993, the Ciiy Council of the City of Rancho Cucamonga conducted a meeting or. the app Lication and concluded said meeting on that date. WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW, TAERBPORE, the City Council of the Ciiy of Rancho Cucamonga does hereby find, determine, and resolve ae follows: SEC'.'ION 1: The application applies to property identified as Assessor Parcel Number: 227-051-03. SECTION 2: The Rose family's home was an important element Sn the historic core of the Stiwanda community. Charles N. Rose, a citrus rancher and one of Btiwanda'e earliest settlers, purchased the corner of Highland and Etiwanda Avenues in 1895 end constructed Lhe nos-demolished home in the early years of the twentieth century. The proposed landmark meets the following cri terin establiahefl in Chapter 2.24.090 of the Raneho Cucamonga Municipal Code: A. Nisto ricel and Cultural Significance: The proposed Point of Interest le particularly representative of a historical period, type, style, region, or way of life. a9 CITY COUNCIL RESOLDTION N0. POI 93-02 - C.N. ROSS N003E November 17, 1993 Page 2 2. The proposed Point of Interest was an example o£ a type of building which was once rnmaon but is now rare. 3. The proposed Point of Interest was connected with someone renowned, important, or a local personality. 4. The proposed Point of Interest was connected with a business or use which was once common Dut ie now rare. 5. The site is the location of an important historic event or building. SECTION 3: Designation of a Point of Interest is exempt from CEQA (Article 19, Section 15308). SECTION 4: eased On the substantiel evidence received and re Viewed by thin Council and based on the findings set forth above, EE IT PURTNBR RESOLVBD that the City Council of the City of Rancho Cucamonga approves the designation oP the C.R. Rosa Rouse m a Point of Intereai and thnt the City Clark shall foraud a certified copy of this resolution to the County Recorder within 90 days of its passage. i;rrr yr tGN1Vl:I3V liUl:H1Y1V1V laN STAFF REPORT DATE: November 17, 1993 ' T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer DY Henry Murakoshl, Associate Engineer SUBJECT: APPROVAL OF THE ENYIRONMENTAL INITIAL STUDY PART I AND II, FOR THE PROPOSED STREET IMPROVEMENT OF HELLMAN AVENUE AT NINTH STREET NEST SIDE OF THE INTERSECTION AND ISSUANCE OF A CATEGORICAL EXEMPTION THEREFORE RfCQ/ENDJITIOM It is hereby recomaended that the City Council adopt the attached Resolution, accepting and approving the Environmental Initial Study, Part I and II, for the proposed improvement at the west side of the intersection of Hellman Avenue and Ninth Street and issuance of a Categorical Exemption therefore and direct the City Clerk to file a Notice of Exemption pursuant to the California Environmental Quality Act. BACK6NOUAD/ANALYSIS This report presents an Environmental Assessment Initial Study for the proposed Street improvement for the west side corner of Hellman Avenue and Ninth Street. In conformance with the California Environmental Quality Act and State Guidelines, the attached docuw!nt has Deen prepared to perait construction of the above mentioned improvements. Catch basins are to be Installed along Hellman to intercept runoff before 1t reaches the intersection with 9th Street. tt is the Engineering Staff's finding that the proposed project wail not create a significant adverse impact on the ?nrironment and therefore recommend that these /mprovements be classified as categorically exempt. Respectfully sudntxt~d, C2T~~ William J. O'Neil City Engineer NJO:NM:Jh oaf RESOLUTION N0. / A RESOLUTION OF THE CITY CGUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL STUDY ANO 15SUANCE OF A CATEGORICAL EXEMPTION FOR THE PROPOSED STREET IMPROVEMENT FOR HELLMAN AVENUE AT NINTH STREET NHEREAS, the City Council of the City of Rancho Cucamonga, California, has reviewed all available input concerning the proposed Hellman Avenue Improvement Protect; and NHEREAS, an Environmental Assessment Initial study has been prepared pursuant to the California Environmental Quality Act, as amended. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES AS fOLLONS: SECTION 1: The City Council of Rancho Cucamonga hereby approves the EnviromaenfaT~sment Initial StuQy and issuance of a Categorical Exemption for the proposed Hellman Avenue Street Improvement Project. SECTION 2: The City Clerk 1s directed to file a Notice of Exemption pursuant }owe aTlfornia Environmental Quality Act. o~s* FOOTHILL BLVD. 66 6 6 FOOTHILL BLVD. z i ~CITT HALL w G ~ ~ CIVIC ~ C E e z ~ ~ ~ J ~ ER D IV W 2 W ~ ARROW ROUTE > s ARROW ROUTE W ~ 2 W > W Q 2 W Q NINTH STREET ~ -~ u V ~ m i PROJECT ~ i LOCATION ~ a EIGHT STREET w o W ~ z W SEVENTN STREET u Q < ~ j J Q ~ SI%TH STREET> W s i SI%TH STREET VICINITY MAP (NOT TO SCAIEI CITY OF RANCHO CUCAMONGA PART II - INITIAL STUDY ENVIRONMENTAL CHECKLIST I. BACKGROUND 1. Name of Proponent City of Rancho Cucamonga 2. Address and Phone Number of Proponent 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 989-1862 3. Date of Checklist Submitted October 19, 1993 4. Agency Requiring Checklist City of Rancho Cucamonga 5. Name of Proposal, if applicable Street Improvement for Hellman Avenue and Ninth Street west side of the n rsec on. I. ENVIRONMENTAL IMPACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO 1. Earth. Nill the proposal result 1n: a. Unstable earth conditions or 1n changes 1n geologic substructures? _ _ X b. Disruptions, displacements, compaction or overcovertng of the soil? _ X y c. Change in topography or ground surface relief features? _ _ X d. The destruction, covering or modification of any unique geologic or physical features? _ _ X e. Any increase in wind or water erosion of soils, either on or off the suet X f. Changes to deposition or erosion of beach sands, or changes Tn sittatton, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or take? X 9. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or 5lmiiar hazards? _ X YES MAYBE NO 2. Al r. N111 the proposal result in: a. Substantial air eml ssi ons or deterioration of ambient air quality? X b. The creation of oblettionable odors: _ _ x c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? _ x 3. Ha ter. N111 the proposal result 1n: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X b. Changes 1n absorption rates, drainage patterns, or the rate and amount of surface water runoff? x c. Alterations to the course or flow of flood waters? R d. Change 1n the amount of surface water 1n any body of water? X e. Discharge into surface waters, or in any aiteratton of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? _ X f. Alteration of the direction or rate of flow of ground waters? X g. Change 1n the quantity of ground waters , either through dlnct additions or with- drawals, or through interceptions of an aquifer by cuts or excavations? X h. Substantial reduction 1n the amount of water otherwise available for public water supplies? R i. Exposure of people or properfy to water reiated hazards such as flooding or tidal waves? _ _ x 4. Plant Life. Hill the proposal result tn: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops and aquatic plants)? x YES MAYBE NO b. Reduction of the numbers of any unique, rare or endangered species of plants? % ~ ' c. Introduction of new species of plant into an area, or in a barrier to the normal replenlshm!nt of exist/ng species? _ % ~ d. Reduction in acreage of any agricultural crop? _ X ___ 5. Animal Life. N111 the proposal result in: a. Change 1n the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shell- fish, a#?benthtc organisms or insects)? X .__._ ' b. Reduction of the numbers of any unique, rare or endangered species of animals? _ _ X c. Introduction of new species of animals into an area, or result 1n a barrier LO the migration or movement of anlmalsl X ._,__ ._._ d. Deterioration to existing fish or wllditfe habitat? % ___. 6. Noise. N111 the proposal result tn: a. Increase to existing noise levels? % _ .__.. b. Exposure of peopie to severe noise levels? _ % ___. 7. Light and Glare. Nill the proposai produce new light or glare? _ % _.._. 8. Land Use. Niil the proposal produce new light or glare? _ X 9. Natural Resources. M111 the proposal result in: a. Increase to the rate of use of any natural resources? _ % 10. Risk of Upset. N111 the proposal involve: a. A risk of an explosion or release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditton2 _ X T b. possible fnterference with an emergency response plan or an emergency evacuation plan? X YES MAYBE NO 11. Population. N111 the proposal alter the location, dTstributton, density, or growth rate of the human population of an areal _ _ x 12. Housing. Mill the proposal affect exlsttng housing or create a demand for addltlonal housing? _ _ 7( 13. Transportation/Clrculatl on. Ni11 the proposal result in: a. Generation of subsWntiai addltlonal vehicular movement2 X b. Effects on exlsttng parking facilities, or denund for new parking? R c. Substantial impact upon existing transportation sYStems7 X d. Alterations to present patterns of circulation or moveaw!nt of people and/or goods2 _ x e. Alterations to water-borne, rail, or air traffic? X f. Increases 1n traffic hazards to motor vehicles, bicyclists or pedestrians? _ 7( 14. Public Services. Niil the proposal have art effect upon, or result 1n a need for new or altered governmental services in any of the following areas? a. Fire protection? x b. Police protection? x c. Schools? x J YES MAYBE NO d. parks or other recreational facilities? _ _ x e. Maintenance of public fac711ties, Including roads? x f. Other governmental services? x 15. Energy. Nill the proposal result in: a. Use of substantial amounts of fuel or energy? _ _ X b. Substantial increase 1n demand upon existing sources of energy, or require the development of new sources of energy? _ _ x 16. Utilities. Nill the proposal result in a need for new systems, or substantial alterations to the following utilities? a. Electric power? x b. Natural or packaged gas? x c. Communications Systems? R d. Nater supply? X e. Neste water facilities? x f. Flood control structures? X g. Solid waste facilities? X 17. Human Health. N111 the proposal result 1n: a. Creation of any Health hazard or potential health hazard (excluding mental health )2 _ _ g b. Exposure of people to potential health hazards? x 18. Aesthetics. N111 the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result 1n the creation of an aesthetlcaily offensive site open to public view? e - X 19. Recreation. Nill the proposal result 1n sn impact upon the qua111y or quantity of existing recreational opportunities? X 20. Cultural Resources. a. X111 the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b. X111 the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or obtect? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Nill Lhe proposal restrict existing religious or sacred uses within Lhe potential impact area? 21. Mandatory Findings of Significance. a. Does the protect have the potential to degrade the quality of the envlrorwaent, substanLlaliy reduce the heDltat of a fish or wildlife species, cause a fish or wildlife papuiatton to drop below self-sustaining levels, threaten to eliminate a plant or animal camlunity, reduce the number or restrict the range of a rare or endangered plant or animal or eltminate important exaaples of the motor periods of California Mstory or prehistory? b. Does the protect have the potential to achieve short-term, to the disadvantage of long-term, envirormrental goals? (A Short-tern impact on the envlromaent 15 One which occurs in a relatively brief, definitive period of time Nhile long-term impacts will endure well Into the future). c. Does the yyrotect have impacts which are individually limited, but cumulatively considerable? (A protect may impact on two of more separate resources where the impact on each resource is relatively small, but where the effect of the total of these impacts on the environment is significant.) d. Does the protect have environmental effects which will cause substantial adverse effects on human befogs, either directly or indireetly7 YES MAYBE NO X X X X x x X x III. DISCUSSION OF ENYIRONIENTAL EVALUATION arra ve escr p ono env ronmen impacts.) IV. DETERMINATION o coap eted by the Lead Agency.) On the basis of This initial evaluation: X I find the proposed protect COULD NOT have a slgntficant effect on the environment, and a CAT -EXEMPTION w111 be prepared. _ I find that aithough the proposed pro,)ect could have a significant effect on the environment, there wilt not be a significant effect in This case because the mitigation measures detcrlbed on an attached sheet have been added to the project. A NE611TIVE DECLARATION NILL DE DREPARED. _ [ find the proposed protect MAY have a slgntficant effect on the environment, and an ENVIRONMENT tMPACT REPORT is required. Oate ~~ /-93 ~.,-~,.. ~~, gna ure Henry Murakoshl Associate Enalneer, P.E. ~itTe ATTACHEMT - PART II Rlscosslon of Emlror~eiital Eraluatian or Facts i. c~rpr b. There will be subgrade soils and aggregate base Dreparatlon and coaryaction for the replaceeent and/or widening sections of asphalt concrete pavement. 3. Mater b. New curb, gutter and catch basin will facilitate better drainage. 6. Noise a. Existing noise levels will increase due to equipment operations during construction, but could be mitigated by the installation of noise attenuators and the restriction of hours of operation of equipment. 13. Transportation/clrculatt on a,3a~n 't-Durieg-tom construction operations, traffic and parking will increase on surrounding street near the project perfecter. Alterations to present patterns of vehicular and pedestrian clrculatlon and any possibility of traffic hazards to motor vehicles, D1eyc11sts or pedestrians during construction can be mitigated Dy the proper use of roadway wrning and detour signs. 14. Public Services a, an c. s protect will have an interim effect on the present pattern of circulation of vehicles (i.e., police, fire, school 1. Such clrculatlon pattern impacts can he mitigated by prior notlflcetlon to Lhe respective agencies of the proposed street work, giving time, date and duration of said work. CITY OF RANCHO CUCAMONGA ENVIRONMENTAL INFORMATION FORM PART I - INITIAL STUDY General Information 1. Name and address of developer or project sponsor: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 2. Address of project: West side of Hellman Avenue and Ninth Street intersection 3. Name, address, and telephone number of person to be contacted concerning this project; City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91729, Contact Henry Murakoshi (909) 989-1862 extension 2333 4. Indicate number of the permit application for the project to which this form pertains: N/A 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Street Closure Permit:. approval of project by City Council, City of Rancho Cucamonga. 6. Existing zoning district: Industrial 1. Proposed use of site (Project for which this form is filed): Project Description and Effects: SEE ATTACHED 8. Site Size. 9. Square footage. 10. Number of floors of construction. N/A 11. Amount of off-street parking provided. N/A 12. Attach plans. N/A 13. Proposed scheduling. 14. Associated project. N/A 15. Anticipated incremental development. N/A 16. If residentiai, include the number of units, schedule of unit sizes, range of sale prices of rents, and type of household size expected. N/A 17. if commercial, Tndicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, aM load ing facilities. N/A 18. If industrial, Indicate type, estimated employment per shift, and loading facilities. N/A 19. If Tnstitutional, indicate the motor function, estimated employment per shift, estimate occupancy, loading facilities, and community benefits to be derived from the protect. N/A 20. If the protect involves a variance, conditional use or reason ing aDPticatlon, state this and indicate clearly why the application is required. N/A Are the following items applicable to the protect or its effects? Disc uss below all items checked yes (attacn additional sheets as necessary). Yes No 21. Change in existing features of any bays, tidelands, beaches, X or hills or substantial alteration of ground contours. -' 22. Change in scenic views or vistas from existing residential % areas or public lands or roads. '- - 23. Change in pattern, scale or character of general area of X protect. - 24. Significant amounts of solid waste or litter. _ % 25. Change in dust, ash, smoke, fumes or odors 1n vicinity. _ X 26. Change in ocean, bqy, lake, stream or ground water quality X or quant/ty, or alteration of existing drainage patterns. - - 27. Substantial change 1n existing noise or vibration levels in X the vicinity. - 28. Site on filled land or on slope of 10 percent or more. _ % 29. Use of dispose; of potentially hazardous materials, such as % toxic substances, flamables or explos!ves. - 30. Substantial change to demand for municipal services (ponce, X fire, water, sewage, etc.). - - 31. Substantially increase fossil fuel consumption (electricity, X 011, natural gas, etc.). - - 32. Relationship to a larger protect or series of protects. X Emironaental Setting: See attached 33. Describe the Droject site as it exists before the project, including information on topograplry, soil stability, p1aMS and animals, and a0y cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted. 34. Describe the surrounding properties, including tnfonaation on plants and animals and arty cultural, historical or scenic aspects. Indicate the type of land use (residential, coammrctal, etc.), intensity of land use (one-family, apartaent houses, shoDS, departsent stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of a0' ability, and that the facts, statements, and lnforemtion presented are true and correct to the best of aD' krwwledge and belief. I further understand that additional infonmtlon may be required to be submitted before an adequate evaluation can be made by the Planning vT ion. Date: //- /- 93 Signature: •~~~ ~ henry Murakoshl Ti tie: Associate Engineer, P.E. ATTACHMENT - PART I Protect Description and Effects: 8,9,13,27,33,34 The protect involves additional catch basins, additional sidewalks, and reconstruction of curb returns and gutters. The protect covers the west side of Hellman Avenue and Ninth Street tntersectton. The anticipated protect schedule for construction 1s in Fiscal Year 93/94. The protect site 1s located in an Industrial area. All street Tmprovemerds have existed for several years. The proposed iaryrovenents will not have a substantial Impact on plants, animals, land resources or any obvious historical, cultural or scenic aspects. Noise, vibration, dust and odors will increase at the protect sites only during the pavement reaoval and replaceaw!Ms, etc. After completion of the protect, all noise, vibration, dust and odors created by this protect will cease to exist and return to the pre-protect levels. crrV or' RANCHO CUCAMONGA STAFF REPORT DATE: November 17, 1993 T0: Mayor and Members of the C1ty Council Jack Lam, AICP, City Manager FROM: N111tam J. O'Neil, City Engineer BY: Phillip Verbera, Assistant Engineer SUBJECT: APPROVAL OF MAP, ORDERING THE SUMMARY VACATION OF A PORTION OF THE BERYL-HELLMAN STORM DRAIN EASEMENT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 13075, LOCATED AT THE NEST SIDE OF HELLMAN AVENUE ANG SOUTH OF 19TH STREET, SUOMITTED BY WILLIAM PERRY ROOFING RECOMIEIQAT[ON It is recommended that the C1ty Council adopt the attached resolutions approving Parcel Map 13075, ordering the suemmry vacation of a portion of the Beryl-Hellman Stone Drain Easement and ordering the annezatton to Landscape Maintenance D1strlct No. 1 and Street Lighting Maintenance District Nos. 1 and 2, and authorizing the Mayor and the City Clerk to sign and cause Bald map to record. A-ULLTSIS/BACI(GRDUND Parcel Map 13075, located at the west side of Hellman Avenue and south of 19th Street 1n the Low Residential District, was approved by the Planning Comnlsston on November 14, 1990, for the division of 1,30 acres Into 2 parcels. The Developer, N1111am Perry Roofing, has constructed ail required street and off-site improvements and submitted a cash deposit of f2, 500 as a guarantee of performance for setting the monuments of the final map. A condition for approval of the map requires the vacation of the excess portions of a C1ty drainage easement, ad,iacent to and on both sides of the Beryl-Hellman Channel and access roads. The subject drainage easement 1s approximately 160 feet wide by 150 feet long and was originally obtained for the channel construction. The original easement includes excess areas not now required for the channel and its adjacent access roads. ~o CITY COUNCIL STAFF REPORT PARCEL MAP 13075 - NILL7AM PERRY ROOFING Novanber 17, 1993 Page 2 The subiect sustnary vacation 1s consistent with the tentative parcel map as approved by the Planning Cowelssion. The remaining easement will consist of a strip of land 40 feet Mde by 150 feet long. The existing concrete channel and access roads will be within Lh1s remaining easement. The Consent and Naiver to Mnexatlon form signed by the Developer 1s on file 1n the Ctty Clerk's office. Respectfull submitted, .~ ~~~ Nilliam J. O'Neil City Engineer NJO:PV:sd Attachments '`.~T Qz Q Q _~ ~~m~~ .rr;,,l ~~ii ~~e'nw.m ' ' ?u~im - - _ ~ Z ~~~~~ ~E ~ RGar~ a~L-Li11111LiLL.LLF~3 ~ l I I I ~~m I fR F7xF-Ga 4 ^ ~~~~ pp~ '~J Q `~ { ~ "1'[IIIl 1r~ ,~ir ~h~T1ID yF~n =LYi ~ lTT71 (j'B i ~~ 3 0 ~ 'V r~ A U ~ 0 x W U W z z ., <: ~ v -~, ~B RESOLUTION N0. ~~ ~ _~/~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING PARCEL MAP NUMBER 13075 NHEREAS, Tentative Parcel Map No. 13075, subsitted by Nill lam Perry Roofing, and consisting of 2 parcels located at the west side of Hellsan Avenue and south of 19th Street, befog a div+sion of 1.30 acres Into 2 parcels was approved by the Planning Coasnisslon of the City of Rancho Cucamonga on November 14, 1990, and 1s to coagltance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and NHEREAS, Parcel Map No. 13075 is the final sap of the division of land approved as sham on said Tentative Parcel Map; and NHEREAS, all of the requlresents established as prerequisite to androval of the final sap by the City Council of said City have now been set; NHEREAS, said Developer submits for approval Bald Parcel Map offering for dedication, for street, highway and related Mghway purposes, Lhe streets delineated thereon. NON, THEREFORE, THE CITY COUNCIL OF THE CITY dF RANCHO CUCAMONOA HEREBY RESOLVES, that the offers for dedication and the final sap delineating the same for said Parcel Map No. 10375 is hereby approved, and the Ctty Engineer is authorized to present same to the County Recorder to be flied for record. ~_~~ ~9 RESOLUTION N0. (3 -~1/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF BERYL-HELLM41 STOPM DRAIN EASEMENT LOCATED SOUTH OF 19TH STREET AND HEST OF HELLMAN AVENUE NNEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of 9ancho Cucamonga is authorized to smiwarily vacate a portion of the Beryl-Hellman Starve Drain Easement hereinafter more particularly described; and NHEREAS, the C11y Council found all the evidence submitted that a portion of the Beryl-Hellman Stor* Drain Easement, located south of i9th Street and west of Hellman Avenue, 15 unnecessary for present or prospective storm drain purposes because a portion of the easement has not been used for the purpose for which Tt was dedicated ar acquired for flue consecutive years immediately preceding the proposed vacation. NON, THEREFORE, BE IT BESOLYED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rrxho Cucamonga hereby ma eTc-s i'Es order vacating that portion of street on Map Y-127, on file to the office of the City Clerk of the City of Rancho Cucamonga, which has been Further described to a legal description which 1s attachtd Aercto, marked Exhibits ""A" and "8", and by reference made a part thereof. SECTION 2: That from and after the date the resolution Ts retarded, said port onTTs~fona drain easement, located south of 19th Street and west of Hellman Avenue, no longer constitutes a public stone drain easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution o recorded 1n the office of the County Recorder of San Bernardino County, California. So (v-~Z=) ~~ I hereby certify under penalty of perjury that the following is a true and correct copy of the original. Executed this 8th day of November, 1993 at Rancho Q~lcapmo~rl~ga,,''---Cameylyi f~~or~~n i~~a . ~Sf- Il`~ ~`arlfio`~~ e ey x PARCEL MAP 13075 STORM DRAIN EASEMENT TO BE VACATED tXNIOIT "A" LAND SURVEYING LAND PLANNIN4 CIVIL ENGINEERING That certain portion of the South 150.00 feet of the North 500.00 feet of the East 563.00 feet of the East one-half of Lot 2, Block 12 of the Cucamonga Homestead Association, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map filed in Map Book 6, Page 46, in the office of the County Recorder of said County, lying Westerly of the following described line: Beginning at a point on the North line of Parcel No. 2 of Parcel Map No. 3189, in Said City, as per map filed in Parcel Map Book 30, Page 95, in said recorders office, distant 150.00 feet Westerly of the Northeast corner thereof; thence North 10° West to the North line of said South 150.00 feet of the North 500.00 feet of Lot 2 and the terminus of said line description. Said line is shown as line "A" on the vacation plat attached herewith and made a part hereof. EXCEPT a strip of land 40.00 feet wide, lying 20.00 feet on each side of the following described line: Beginning at a point on the North line of said South 150.00 feet of the North 500.00 feet, said point being North 89°3905" East, 47.81 feet from the Nast line of said East 563.00 feet; thence South line of said North 500.00 feet; said point being the terminus of said line description. Tha side lines of said strip being prolonged oz shortened to terminate on the North line of said South 150.00 feet of the North 500.00 feet and on the South line of said North 500.00 feet . /_._- (O~~,y_.~~~ ~~ EUGENE P. ENE Eugene P. hE a N0.19120 R.C.E. 19120 Expires 9-30-93 * CrvE Mem6n. ~'.. )7.]NORTN"r STRffT•SU1TU•SAN RERNMOINO,GSIIW •171~t 14x1411 •fAR t71o UI•ilS7 rgi4egYlRer EO, RO%iS)7 • RUNNING SERINGf. U 11)13 • pul4U.gf7 410n01aWy1° • NESIEmA U • IN411414101 fcFq° L99 ~' E, B~r ~ a ;&~~ I b ~ SS1F3\ ~rrL~~~ i ; D L2 kpn ~? / i1 L A ~ ~ E/ ~~ i ~ ' : L ~ -G ~~ ~ i Z r 8 ~t o 8 r § Y oh * `" ~ ~ ~ ~ ~ .. ~ ~ .L rL .' S (r ~ d ~ v • _ <. !•~~ . s 0 ~: ~... D, ~L aR A.P. a. 20Z 641•i0 Ow 1n `~~ c~ °Tm 1~ rpp~i hm N ENVIRONMENTAL HIGHTECH ENGINEERING i~Wm !~I NM No • crya aau+mvHc AUE. VACATID11 PLgT ~~u ~ J.F~• 91.215 ~l1TEt 6• LI-91 r ,~ ~z w 0 rv -• .w • -~ iA ~`~.._ W ~~~ •- ~l RESOLUTION N0. ~J -~I ~j A RESOLUTION OF THE CITY CWNCIL OF THE CITY OF RANCHO CUCAMONGl1, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR PARCEL MAP 13075 NHEREAS, the City Council of the City of Rancho Cucaawnga, California, has previously formed a special abintenance district pursuant to the tenes of the "Landscaping and Lighting Mt of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special nwlntenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafter referred to as the "Maintenance District"); and NHEREAS, the provisions of Article 2 of CAepter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance 01str1ct; end NHEREAS, at this tlnie the Ctty Council 1s desirous to take proceedings to annex the property described on Exhlblt `A" attached hereto and incorporated herein by this referenced to the Maintenance District; and NHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the Ctty Clerk their written consent to the Droposed annexation without notice and hearing or filing of an Engineer's "Report". XON THEREFORE, THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOMS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the proper as sham to Exh161L 'A" and the work prograa~ areas as described 1n Exhlblt "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance 01str1ct, Includtng-f~Tevy of all assessaronts, shall be applicable to the territory annexed hereunder. 53 exwelr •q• ASSESSMENT DIAGRAM LANDSCAPE MANTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 u O ~~ RIDGE LANE _ PARCEL 2 I PARCEL 1 PA RCE L MAP 13075 LEGEND INDICATES PARCEL BtINb ANNE%ED -¢- INDICATES STREET LIGHT - INDICATES FUTURE STRLET LIGHT ~} INDICATES STREET TREE o INDICATES FUTURE. STREET TREE I 1o ITN sT. I I Q Z Q J J W 2 NO CITY OF RANCHO CuCA1110NQA COUNTY O!~ SAN BERNARDINO ,~ STATE OR CALIRORNIA Pexw~~yT ~ EXHIBIT '8' STREET LIGHTS: NORK PROGRAM PROJECT: PARCEL MAP 13075 NUMBER OF LAMPS Dist. 5800E 9500E 16,000E 22,000E 27,500E S1 1 S2 i* LANDSCAPING: Conanuni ty Equest. Trail Turf Otst. O.G.S.F. S.F. L1 ASSESSMENT UNITS: Non-Turf Trees S.F. Ea. 4** Assessment Units By District Parcel DU SI S2 L1 N/A 2 2 2 2 * Additlonai, to be installed upon devei opment of parcel 2, per ImproveaM!nt Certtflcate of map ** 15 additional trees to be installed upon development of parcel 2 Form Oate 2/18/93 crrlr ur~ 1tANCHO CUCAMONGA STAFF REPORT DATE: November 17, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, Ctty Manager FROM: Nilliam J. O'Neil, City Engineer BY Bob Zetterberg, Integrated Haste Coordinator SUBJECT: APPROVAL OF A HASTE OIL BLOCK GRANT It is recommended that the City Council of Rancho Cucamonga approve the attached Resolution for a Haste 011 Block Grant. BACKGROUND In 1991, the Legislature passed AB 2076 (Sher), the Callfornla 011 Recovery Enhancement Act (Act). The Act requires oil manufactures to pAy 50.04 to the California Integrated Haste Management Board for each quart of lubricating oil soid effective October 1, 1992. This /kt includes a (10,000,000.00 Government "Black Grant" program for the State of Callfornla. These "Block Grant"funds will be available to governmental agencies to establish and administer used oil collection programs. The "Block Grant" funds are a non-competitive fund and the requirements are the funds must be used for oil recycling related programs; the City pass the attached Resolution; and there be a certified center within the City limits. "Block Grant" funds are based on per capita with the potential of ;35,000.00 for Lhe City of Rancho Cucamonga. The fo11ow1n9 are suggested but not required usages for "Block Grant" funds: a. Start a Househoid Hazardous Haste Center or improve an existing site b. Develop a Curbside Used 011 collection program c. Encourage local merchants to provide a "Certified" used oil drop off center d. Fund educational programs related to waste oil ANALYSIS There are no State certified drop off sites within the City limits of Rancho Cucamonga. ~~,o CITY COUNCIL STAFF REPORT HASTE OIL BLOCK GRANT November 17, 1993 Page 2 The City, in cooperation with San Bernardino County Department of Environmental Health Services, manages a Household Hazardous Haste Center at Fire Station $3. This center accepts used motor oil along with other household waste items. A drop off location that is "Certified" is required to pay the 50.04/quart. The Household Hazardous Haste Center at Fire Station S3 is not certified and is not obligated to pay the 50.04/quart. Staff, in discussion w/th the County of San Bernardino, feel that at this time local part houses or garages should be encouraged to became certified drop off sites. Staff has made inquiries with Naimart and Chief Auto Parts, who currently collect used motor oil but are not certified. Naimart has expressed interest in becoming certified but as of yet they have made no commitment to the program. 6n October 25, 1993, Chief Auto Parts sent the City and the California Integrated Haste Management Ooard a Notice of Intent to become a certified drop off center (see attached letter). Chief Auto Parts Notice of Intent represents the necessary item to proceed with the Grant application. Nith the potential of the S35,687,00 Grant funds staff 1s proposing the following three protects: 1. Improve the Household Hazardous Haste Site at Fire Station #3. a. Provide a modular storage container with vent11at1on, spill contaimment, shelving and afire suppression system. b. Maintenance will pour a 40' x 40' concrete slab with containment wall which the container will be set on. Cost 521,270.00 2. Expend up to 57,500.00 to purchase reusable waste o11 containers far use by residents. 3. Develop an educational program to demonstrate the Importance of disposing of waste oil properly. a. Staff will work with the appropriate City Counctl Subcommittee to develop an educational program. Cost 53,200.00 Respectfully.sub~nltted, City Engineer NJO:BZ:dlw Attachment s'/ October 25, 1993 ':I n, 2• '°;. Bob Zetterberg ~~ ~ .~„ ~ ... , . Integrated Waste Coordinator ,,, City of Rancho Cucamonga ~~ 10500 Civic Center Drive Rancho CLcamongz, CA 91729 Dear Mr. Zetterberg: Chief Auto Parts Inc. with more than 500 retail auto parts stores in 5 states is currently collecting used motor oil in 285 locations. It is environmentally the right thing to do. Our immediate goal in California is to focus our efforts on establishing and certifying used oil collection centers in [he cities that have expressed an interest in working with Chief Auto Parts. Our mutual goal in these partnerships is to encourage the rerycling or apprcpriate disposal of oil. Our time frame for these identified city units is ttinety (90) to one hundred and twenty (IZO) days. Our specific plans for the city of Rancho Gltcamonga are as follows; Location at 8031 Archibald is currently collecting used oil. We anticipate this location to be functioning as a certified center within the above stated time frame, or sooner if possible. Mary Lou Quaternik will keep you appraised of our progress and coordinate our joint environmental efforts. Mary Lou can be reached at (310) 921-2696 ext. 570. Sincerely, `~~~ Si n L. Smi , egional Manager cc: Chris Allen CIWMB Used oil grant program axe Moo nxtx ma iaoevsA.,e~ms, Iola ceiro.uw~m fT~g)WbPdPo IN:SOLUTION N0. / ,3 ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~ RANCHO CUCAMONGA, COUNTY OF SAN BERNAROINO, STATE OF CAL ifORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL AECYCLING ENHANCEMENT ACT NNEREAS, the people of the State of California have enacted the California 011 Recycling Enhancement Act that provides funds to clties and counties for establishing and maintaining local used oii collection programs that encourage recycling or appropriate disposal of used o11; and NHEREAS, the California Integrated Haste Management Board has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by clties and counties under the program; and NHEREAS, said procedures established by the California Integrated Neste Management Board require the applicant to certHy by Resolution the androval of application before submission of said appllcatlon to the State; NHEREAS, the applicant will enter into an agreement with the State of California for the development of the pro,~ect. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF R11NCH0 CUCAMONGA, HEREBY RESOLVES AS FOLLgiS: Approves the filing of an appllcatlon for the California Used 011 Recycling Block Grant Program under the California 011 Recycling Enhancement Act for State assistance for the project specified above; and Certifies that said applicant has or will have sufficient funds to operate and maintain the pro,~ett; and Appoints the Ctty Engineer as agent of the City Council to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the compietlon of the afarementloned project. \_ _~ Ct'1'Y UN' RANCHO CUCAMONGA STAFF REp'^RT DATE: November 17, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: ADOPTION OF RESOLUTION RESCINDING RESOLUTION OF INTENTION AND APPROVAL OF ACQUISITION AND FINANCING AGREEMENT APPLICABLE TO THE MASI PROJECT "that the City Council adopt the resolution rescinding Resolution No. 93-152 declaring intention [o order the installation of certain improvements in a proposed Assessment District; declaring the work to be of more than ordinary benefit; describing the Distrito to be assessed to pay the costs and expenses thereof; and providing for the issuance of Bonds. Also, that City Council approve to execute an Acquisition/Financing Agreement with Masi Commerce Center relating to the formation of an Assessment Distrito for the purpose of acquiring certain public facilities. The owners of the property on the southwest corner of Foothill and Rochester, known as Masi Commerce Center, had petitioned the City Council to form an assessment disMct to fund public works in and around the project site. The cost of these improvements is estimated at S2,531,760.00 The initial work was completed and the property owner had submitted the formal petition requesting formation of the District, The property owner requested that City Council adopt the resolution of intention for formation of the District. However, they were premature in their request and have now requested that the resolution be rescinded, to be reconsidered at a future date. This will put thcir project back nn target. Additionally, an Acquisition/Financing Agreement that formalizes the arrangements between the developer and the City as to the acquisition of the public facilities associated with this project is being provided for your consideration. Once the improvements have been completed by the developer and once the improvement costs have been audited by the assessment engineer, the District will then sell bonds to acquire the facilities. The proceeds of the bonds will be used as pay back for their costs in !~ CITY COUNCIL ADOPTION OF RESOLUTION RESCINDING RESOLUTION OF INTENTION November 17, 1993 Page 2 constructing the facilities. The debt service on the bonds will be paid from assessments collected from the property owners. In this case the property owners are the developers. As this agreement protects the City's and the District's rights while allowing for needed public improvements to be constmcted it is recommended that the (Sty Council approve this agreement Respectfitlly submitted, eFu~ood~ Deputy City Manager JBF:dk Attachments: Proposed Resolution Acquisition/Financing Agreement /~ ND. ~3 -~~ A RF9~t/lI[N ~ 7ffi: QTY 031tA.55, OS? '159.+ QTY OF RASA7rD ',Ar CAISFUR7IA, I RFS~DPICN ND. 93-152 DHC1ARIIdG II7!?'27tiQJ 7D dRDHi 7}IB IId9fAlI15TIQd OF CHAIN L~R7VE4RIf5 IN A PA~06ID AS459ffiiP DISlRICP; DHL3ARIti; Tiff WORK RD BE OF MDRE TiNN QRDINWaC BH76P1T; DHiQ2TBI5~ 7516 DISIRICI' 10 HE ASS6S® 1D PAY 15Q; 00915 AND 1~@LCHi ; AND PAOf/IDING FL7i' IE LS6fWlC'E OF IlCIDb d!lEIiFAS~ file C1TY 47[PC,II. Of 0118 QTY IX+ RAND Q1U11Q7~-' r CAiSFLY3i7A, initiated proceedits~ to ooreider the fotrmtim aP a special aseeemmt district, plasuant to ttw t® aid pswisioils o~P the "Mallcipnl Iafxw®a1t Act of 1913", beitg Divisim ]2 of the str+8ets arcl Ht¢aays Dade of the state of California, for the ifistallation of certain pudic wades as a~distr ~ ~lolown~ affi a~ateant ~Icr acid epeaial M.c grated ae ASSLR4~if DI817dICY N0. 93-1 (lRSI PIA7A) (FWS1Elnaft@' refersc+d to 86 the "Asses®att District"); BIYjr w~sr on JLly 21, 1993, the city oolalci.l did adopt its 1daeOlution No. 93-152 (the "ldesolutim of Ititeiltiafl") declaring it6 irlterltion t0 ctda< the installation of eertain io5sov®eslts in the Aseessmetlt District; declaring the work to he of moss than local ar otdfsury heilefit; deecribitlg the assessment district to he assessed to pay the costs aid ~ieee therBOf; std providing for the ima."...+" oP bands; aid, WHH2FAS, the awreas oP the ptnperty within the p2cpased Alit District have requested that the Idrao111tiatl of L1taltim ba tapo:arily sescirded aid he su6aequaltiy x+eeansidered fts' adoption at a later date. NOWT THHt@LRI;, the City Coucil of the City of Ranatn Curnmarga does herelry resolve as follows: seaticvl 1. 711at the abrns recitals are all tale aid cgra:t. 8ectian 2. 'fiat the ]desolation of Itltentian SB heteblr taecilr5ed and s11a11 be of no furtirr foro8 nos- effect unless aubeequently rewtisi,da<ed and adopted. section 3. 7S1at the resciseian of the Resolution of Intaltion dcea not aid si'mll not be caileidered to be an abandamad of the p¢aweditye to farm the Assessment Dis~iict. ~~~ ~z AcQalsxTlon/Pllawcxnc ncR~egnT TH25 AGREEMENT is made and entered into this let day of November, 1993, by end between the CITY OF RANCHO WCAMONGA, a municipal Corporation duly organized end velLdly existing under the Conet itution and lawn of the State of California (hereinafter referred to ae "City"), and MASI COHMERCB CENTER PARTNERS, a California general partnership (hereinafter collectively Yeferred to as ^Owners"). WHEREAS, the city ie considering the formation of a special assessment district under the terms and conditions of the "MUnieipal Improvement Aet of 1913", Deing Division 12 of the Sireeta and Highways Code of the State of California (the "1913 Act"), for the construction of certain public improv¢menta, together with appurte- naneee and appurtenant work within the jurisdictional limits of said City, said special assessment district known and designated as ASSESSMENT DISTRICT n0• 93-1 (MASI PLAZA) (hereinafter referred to as the "Aeaeeement District"); and, WHEREAS, Owners, in order to proceed in a timely way with ire development, deatres to construct certain public works of Improvement that are to bo owned, opsteted and maintained by the city (the "City Improvements^) and by the Cucaspnga County Water DLStrict (the "CCWD Improvements" and "CCWD" reepactivaly) and that era proposed to be included with the works of improvement for the Assessment DLStrict, namely, the Improvements ae set forth and described in the attached, referenced sntl incorporated Exhibit "A" (collectively, the "Improvement a"); and, WIDSREAS, the City and Owners are in agreement that the Improvemsnta may bs acquired by the city through the Assessment nietrict financing nt prices determined pursuant to the provisions of this Agreement end the 1913 Act; entl, WHEREAS, it ie the Lntent pf this Agreement to provide that Owners shall, upon a successful confirmation of aseeeemente and Bale of bonds for the Assessment District, be paid for the Improvements which ate integral and a part of the Assessment District, at the prices ee determined by th¢ CSty; and, NH EREAS, the CLty has no objection to purehaeln9 the Improvsewnte from ee id Owners, and Owners is desirous that the City purchaes said Improvements, and at this Cime said Improvements are owned by Owners. NON, THEREFORE, IT IS MVTUALLY AGREED between the Yeepsctlve pact tee ae follows: SECTION 1. Recitals. That the above rac itala are all true and correct. SECTION 2. Plans and Speciflcat ions. All plane, spec if lcet ions and bid documents for the Improvements shall be prepared by the Owners at the Ownere's in ieial expene e, subject to City or CCWD approval, as iha case may be (the "Plans and Specifications"). The costa of ecquisltion of each Improvements shall include costa for ea id plans, Specif ieatione, bid documents and all related documentation. Owmra shell not award bide for construction, commence construcilon or cause commencement of oonetruction of any Improvements until the Plans and SpeciElCations have been approved by the City or CCWC, as the ease may be. SECTION 3. CCWD Agreement. Owners and CCWD have entered, or intend to enter, into an agreement pertaining to the design, bidding, bonding, construction, inspection and acceptance of the CCWD Improvsments (the "CCWD Agreement"). City and Owners agree that to the extent that the CCWD Agreement does not conflict with the requirements of the 1913 Act pertaining to Ghe ecquieit ion and financing of the CCWD Improvements, the cewD Agreement shall eetaDlieh the terms and conditions governing the preparation of Plane and Specifications, inepectione and conetruc- tian of the CCWD Improvements, but that this Agreement shall control the Purchase Price to be paid for any such CCiID Improvements. SECTION 4. construction of Improvements. Owners covanante and agrees that ell Improvements eh all be Con Bt rutted by, or under the direction of, Owners and shall be constructed (a) in substantial compliance with the approved Plans and Specifications (ee defined herein) Eor such Improvements (b) in n good and worloonnlike manner by well-trained adequately supervised workers, (c) in strict compliance with all governmental and quae i-governmental rules, regulations, laws, building codes and all requlramente of Ownera'e insurers and lenders, (d) free of any design flaws and dalacte and (e) in compliance wish the requirements of Section 10030 of the Gllfornia Streets and Highways cotle, which statute requires that any lmprwementa to be acquired by the City which ere completed after adoption of the resolution of intention for the ncquieltion of such Improvements must bo eonetructod as if such Improvements had been constructed under the direction and supervision, or antler the authority, of Clty. After approval of the Plana and Specifications for the Improvements pursuant to Section 2, owners shall solicit at laser three (3) bide for such Improvements end eha 11 provide City with a list of all bide received for the contract. Subject to City's prior written approval, such approval not to be unreasonably withheld or delayed, owners shall award the contracts; for such Improvements to the lowest rssponelble bidder. City, in ire sole but reaaonabl• dirccttion stet ing the reasons therefore, may require Owners to reject all bide and require the work for such Improvements to ba rabid. in order to include the ca et of any change order a an •llgible coat for purposes of determining the Purchase Price for an Improvement pursuant to Section a of this Agreement, Owners shell obtain the prior written approval of city of each change order, which approval shell not be unreasonably withheld or delayed. SECTION 5. Inspection dad Acceptance of the Impzoy®PSnte. The cOpeLruCtipn activi- ties relating to the Improvements shall be subject at ell reaeonab le t imee to inspection by authorized reprssentetlvee of City or CCWD, ee appropriate. Once all of the Improvements to be acquired by Clty have been completed in accordance with the appcwed Plane and 9pecif icationa (includ lag any change orders reasonably approved by City or CCHD, se approprlate~, than the Improvements shell be eligible for acceptance Dy the city for purposes of paying the Purchase Price (ae defined Ln EectLOn 8 below) for the Improvements. Prior to acceptance of the Improvements by City for purposes of paying the Purchase Price, the Owners shall provide to City (i) as-built drawings or ocher similar plans antl epecificatione for all of the Improvements in a farm reasonable acceptable to City or CCWD, ae applicable, (11) a certificate of Owners, supplemented by information rase onably satisfactory to City, that the Improvements have been constructed ea if they had been constructed under the direction and supervision, or under the authority of City, and (iii) a certificate of Owners stating that no mechanic's liana ox other encumbrances have attached, or to the beet knowledge of Owners, after due inquiry, will attach to the Improvement e. SECTION 5. Warranty Of Zmprovemente. The Ownare shell be obligated foY a periotl o£ twelve (12) moot he after the date City accepts the Improvements [o repair or replace any defects or feilurae resulting Lrom the work o£ Owners, its contractors or agent e. Vpon the expiration of such twelve (i2~ month period, Owners shall aaa ign to city or ccx0, as applicaD le, its rights in end to any warrant tee, guarantcee or other evidence of contingent obligations of tAird per aorta with respect to ouch Impzovemente. At tAe time City accepts the Improvements, Ownare shall poet a meintanance bond in a form reeeonably approved Dy the Clty, cause such a maLntenence bond to be posted, or assign Ownara'6 rights under such a bond naming City or CCWDr ae applicable, es benaf iciary Ln an amount equal to ton percent (l0a) of the construction coats of the Improvemante in order to secure Ownere•e obligations pureuent Lo this Section. 58CTION ~. Notice of Comolat ion and Lien Releaaee. Owners shall notify City Ln writing upon completion of the Improvements. Owners shall prepare and execuU a Notice of Completion Eor the Iaprovement• thereof in Ue form prescribed by section 3093 of the California Civil code and shell record ouch notice In the Olficlel Records of the county. owners shall cause ire coot rector(s) to provide uncondlt tonal lien releases for the Improvemenie in nccordance with section 3262 of the Civil Code. Notw ithatand ing the foragorng, Clty may waive the requirement for a Notice of Completion and lien releases if City determines that ae of the date of payment of the Purchase Price to[ the Improvements, iitl• [o the Improvements eatief tee the requirements !or Acespteble Title (ea hereinafter dsf coed), SBCTION A. Payment of Purchase Price. The Owners may, upon completion o[ all of the Improvements and submits ion of the doeurtnnte described In Section 5, request in writ log payment of the Purchase Price (ae hereinafter defined) Eor the Improvement e. Vpon eatiefact ion of the cond itione to acceptance of the Improvements for purposes of paying the Purcheee Price as set forth herein, Clty shall determine and pay the Purchase Price toz the Improvements in accordance with this Section 8. (a~ Amount of Purchase Price. The amount to be paid by City for the Improvements to be acquired from owners (the "Purcheee price") as to each each Improvement shall (i) be determined by Clty in accordance with the provisions of this Section e, (li) equal the lesser of the coat or the value thereof, (111) Lnclude the reasonable coat or value of eligible appurtenant public facilities, (iv) include the costa of the title insurance policy described in Section 30 (a), and (v) include all other coete of constructionreasonably determined by City to be eligible under the 1913 Act ae a part of the coat of the Improvement B, each ae fees and costa incurred in obtaining permits and licenses, the costa of change orders, and engineering and inspection fees, and the costa of such other items as are specifically referred to on Exhibit "B^ hereto; provided, however, in no event shall the coat or value of the Improvements be deemed to exceed the contract prices avt forth in the contracts and change orders approved by City. Except ae provided in aubaction (d) below, City shall only be required Co pay the laeaer of the Purchase Price for an Improve- ment or the amount budgeted for such Improvement as described in Exhibit ^e" (the ^BUdgeiad Amount^). Any unpaid port Lon of the Purchase Price in excess of the Budgeted Amount for each Improvement ahal 1, to the extent of the funds available for ouch purpose, be paid out of Surplue Proceeds in accordance with subsection (d) below. (b) Documentation. Any psymvnt request vubmiited by Cwnero shall be properly executed and shell include all supporting dacumenie referred to in the payment raqueet end Suction 5 abover Lneluding evidence acceptable to the City Attorney of the Clty (the "City Attorney") Ghat the oanere•e contractor(u) Dnve provided unconditional lien rvleaeea for the Improvueronte. Improvenrente constructed on lend to M conveyed to a public agency shall not be formally occupied until ihv lard hoe Duun eo conveyed. I! land ie to be conveyed to en agency other then the City, Owners eha 11 provide the City Bnginaer with evidence that the land hoe been accepted by the applicable public agency. (c) Review of Payment Request. TAe Clty Bnginaer shell review each payment request. If the City engineer finds that any ouch payment request iv incomplete, improper of othuralev not eultably for approval, the city 6ngineur shall inform Owners in writing aithln twenty (ZO) working days after receipt tAervo[, tM reeeonu for hie finding. Owners shall have the right to respond to this tinding by submitting [urther docuawntetlon end/or to resubmit the payment request within thirty (30) dsya attar receipt of the denial. A reeubmittal shall bo deemed • new payment requot for pu rpoeee of thle Saeifon, xha Clty Engineer shall revise any cesubmitted payment request and inform Oanuze of hie approval or denial of it In accordance with thle Section aithln ten (10) working Jaye after receipt of the reeubmleeion. Coate incurred under a construction contract enleretl into av a roue It of a call for public bLde end pursuant to the raquiremente of thle Agreement and pursuant to change orders approved by City shall be deemetl to be reasonable. (d) Surplue Proceude. Upon complvt ion of construction of all Improva- mente, the payment of the Purchase Prices or that portion o! the Purchase Price for all improvements up to the Budgeted Amount foe each such Improvement and the determination by iha Clty that there are excess proceeds of the sonde in the Improvement Fund (^su rplue Proceeds^), the City shall pay to owners solely from such Su rplue Proceeds (and only to the extent thereof) that portion of the Purchase Price for any Improvement which exceeded the Budgeted Amount for each Improvement) provided, however, that Owners can document coat overruns related to the construction of the improvements in excess of the Budgeted Amount to Ciiy's reasonable eatisfac[ion. (ej Payment. Hxcept for that portion of the Purchase Price in excess of the Budgeted Amount, the Purchase Price for each Improvement shall be paid to owners within thirty (30) days after the date of the City En9 inset's approval of the payment rsques[, but not earlier than thirty-five (35) days after the recording of n Notice of Caopletion for the Improvement. The Pu rehaee Price shall be diatrib ut ed pursuant to written inetructione executed by all persons havtng an intersai in the property, ae disclosed by a current title report. ^Intecvsted parties" shall consist of the Owners, oho owners of the property within the A6eeesment bietr Let as shown on the last equalized aaeeoomant roll for property taxes, as well as any beneficiarioe under any existing deeds of trust. No cash distribution shall be made until all part ire hnva executed the appropriate written inetructione. Notwithstanding rho foregoing, the Purchase Price shall not be due and payable to the owners except to the extent of, and the aggre- gate Purchase Price far all Improvements shell be limited 6y, eveilable funds in the Improvement Pund, which shall be fu~Nled through the sale of Honda ae defined in Section 18 hereof. The city shell havo no obligation to pay the Purchase Price Eor the Improvements or any portion thereof from any other funds of the City. HSCTION 9. Audit. The auihori zed repreaentat ivee of Clty shall have rho right, upon two (Z) days prior written notice to Owners and during normal bueineso hours, to review ell hooka and records of Ownare pertaining to costa and expenses Lncurred by Owners in construction of the Improvements. EECTION 10. Ownership and Transfer of improvements. She conveyance of the Improve- ments by owners to Clty shall be in nccordence pith the followlnq procedures: (a~ Improvements Constructed on Land not Ownod by C'ty o CCNa. Ae a condlt ion to the payment of any portion of the Purchase Prico, Owners shall cause an Lrrevxable offer of dedication to ba made to city or CCw7 or an outright grant of a fee interest or easement interest as appropriate, in the City•e solo discretion, of the appropriate right, tit Le end Lntezeat in and to the portion of such property related to ouch Improvement, including any temporary construction or access •eeemsnte. Owners, whether or not Lt le the Owners constructing the improvements, agrees to execute and deliver to City the documents required to complete the iranefer of Acceptable Title to such portion o4 the Property. Foz purposes of this Agreement, the term "ACCaptab la Tlt le" shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, aeseesmenta, easement s, leases, whether any such item ie recorded or unrecorded, except these non- monetary encumbrances and easements which era reasonably determined by City not to interfere with the intended use of the portion of the property. As a further condition to the payment of the Purchase Price for an Improvement, Owners at its Bole coat and expense, subject to reimbuzeement pursuant to Section 8, shall cause to be issued a policy of title Lneurance for such portion of the property in an amount not to exceed the Purchase Price and in the form normally required by City in connection with the dedication of lend for subdivision improvements and title endoreemente reasonably requested by City. (b) Improvements Constructed on Land Owned 6y City or CCWD. If Owners are authorized by City to construct an Improvement on lend owned in fee by city or cCWD, ee appropriate, or on lantl over which city owns an easement, owners shall obtain the necessary encroachment permits to enter each land Eor purposes of conetruetin9 each Improvement. City shall cooperate with Owners in iaeuing such encroachment permit e. Improvements shell be inspected by city on an ongoing basis. SECTION 11. aubdivie ion Improvement Bonds. A subdivision improvement or security bond may ba required by City to assure the completion of the Improva- menta, the construction of which are a condition precedent to recorda- tion of a final eubdlvision or parcel map unless (1) each Improvements conetituta a portion of the required subdivision improvements, (Z) Bond proceeds to construct or acquire ouch improvamenL era available prior to recordation of the final subdivision or parcel mop, (3) the Improve- ments are to be constructed entirely with the proceeds of the Bonds and (4) the Owmrs• contractor has posted performnnce bonds end labor and material bonds in an amount and torn eatistactory to ihs City Attorney designating the City ee an additional benefieLary thereunder. SECTION 12. Indemn if is et ion 6y Owners. Owners shall defend, indemnify and hold harmless city, its otticers, dirsciore, employees and agents, from end ag aloe! any and all claims, losses, llabilitiss, damages, including court coeis and reasonable attorneys' fwe by reason of, of resulting Etom, or ar is in9 aut of the design; anginaering; solicLtation of b1d• for, award and adminietretion of contracts for the constru<tion of the Lm provements; payment of laborers and materislmen; and the actual construction of the Improvement e; provided that any elelme which relate to the Improvements shall be limited to ihoee arising out of personal injury or property damage caused by actions or omLsalone 6y Owners or Owns ra'e employees, agents, Lndependent contractors oz reprswntai fives which xcurred during the period prior to the trsneter of tit is to the Improvements by City, whether or not a claim fie filed prior to the data of acceptance of the Impravemente. Nothing in this auction 12 shell limit in any manner City•a rights ngainet any of the architects, 8ngineere, contractors or other consult ante employed by the Oanere which has performed work in connection with eonetruci ion or tinaneing of the Improvement e. Ezcept ae eat forth in this Section 12, no provision of this Agreement shall in any vay limit the extent of the tesponsiDility of Owners for payment of damages resulting from the operations of the Owners, its agents, employees or contractors. SBCTIOId 13. Obligation of City. Sxcept ae provided herein, the City hoe no legal or financial obligation to construct or finance the construction of the Improvements. All costa incurred for construction of the Improvements, including all incident ale thereto, shall De burned Dy Owners. SECTION i4. Failure by Owners to construct Improvements. At any time that the work is not progressing within a reasonable time limit or in accordance with the atandarde of performance set forth herein ae reasonably determined by the City Engineer, ihia contract can be terminated by ten (10) days written notice. upon termination, the City may then proceed to advert lea and bid the balance of the Improvements, and there will be no further obligation for payment due pursuant to this Agreement. SECTION 15. Agreement Contingent. This Agreement le co~tingeni upon the confirma- tion of aaseeements and auccsse£ul sale of bonds, and it shall ba null and void if said bonds ors not Bold within a three (3) year period following the deie of this Agreement, or any mutant ly agreed extension; however, this time can be extended by request of the Owners and concurrence of the legislative body- The City may, at its option, suspend the performance of its obligations under this Agreement if, during the 30-day statute of limf.tat tons period following the formation of the Assessment District, any legal challenge la filed relating to the validity or enforceability of this Agreement or the Assessment District proceedings. The obliget ions of the city hereunder shall be reineteteQ upon the entry of a final judgment In any ouch proceedings upholding the vnlidlty and enforceebl- lity of the Agreement end the A69ee9ment Dietr Lct proceedings. In the event that a final judgmen! is entered invalidating or declaring unenforceable th to Agreement or the Assessment District proceedings, the city may, at its option, terminate this Agreement. SSCTION 16. Notice of Assessment. Owners hereby agrees to provide written notice to any potential purchatete of lot• in a form satisfactory to City ao advising the potential owner of the fact of the proposed or confirmed assessment, with said document being executed by the potential owner. such notice shell be provided to the potential owner a reasonaDU time before the potential owner becomes contrnetually committed to purchase the lot eo that the potential owner may knowingly consider the impact of the assessment in the decision to purchase the lot. A copy o! all such not ices executed by actual purchasers shell be sent to the City. SECTION 17. Relat ionehip to Public Works. Thies Agreement is Eor the Construction and ecqu Leition of certain Improvements by City end the eels of the bonds Eor the payment cE construction and acquia It ion coats for each Improvements and each other amounts ae are herein provided, and ie not intended Go be a public works contract. In performing Sie obligor lone under this Agreement, ow~era ie an independent contractor and not the agent of City. City shall have no responaibiliiy for payment to any contractor or supplier of Owners. Notwithstanding the foregoing, owners shall be euDject to certain public contract raquiremenie ae provided in Section 30010 of the California Streets and Highways Code and Section 4 of this Agreement. SECTION 18. Sale of Ronda. If and when the Assessment District 1s eucceaefully formed, acquieit icn of the Improvements ozdered and aeaescnrente confirmed, the City shall proceed with the issuance and sale of improvement bcnde to repzeeent unpnid eeeeeemente within the Aeeesament District (the"Ronde") io be issued pursuant to the "Improvement Bond Act of 1915^, being pivieicn 10 of the Streets and Highways Code of the State of Cal Lfornia (the "1915 Act^). Ths proceeds of the Bonds shall be used In the following priority to (L) fund n reserve fund for the payment of principal and intereat with respect to the Bonds; (!i) funC capitalized intereat on the Ronde Ln nn amount not Lo exceed the amount provided for in the PLnal Enginser'e Report for the Aeeeesnwent Di atricG; (iii) pay for costs of Lasuance of the Ronde tncluding, without limitation, underwriter's diecou n[, bond counsel fees, printing, end paying agent Ease; (iv) pay for the caste of forming the Aeeesament District; and (v) the acquieitlon of the Improvements pursuant to the provisions of this Agreement. The timing of the ieeuance end sale of the sonde, the isrms end conditions upon which the Bonds shall be issued end Bold, the method of Bale of the Ronde and the pricing of the Ronde shall be in all respects subject to the Bola discretion and approval of the City. The sale of Che Ronde shall be subject to regipt by the City of n public bid or bond purchase agreement which ie acceptable to the Clty. In no event will any aci, or omLeeion or failure to act, by the City, LLS ofticere, employees, consultants or agents with respect to the eels or proposed Bale of the Ronde subject the City, its officers, employees, consult- ants or agents to pecunlnry linDility therefor. Nothing contained herein shall be construed ee mandating the City to issue the Ronde if In ire Bole and ebeolute discretion the City determines that the ieeuance of the Bonds would not be financinlly prudent, not bs in the Deer Lntsreste of the pzopsrty owners within the Asseesmant District or not be in the beat lnteraste of tea City. NotwLthetanding the foregoing, the appregete principal amount of the Bonds shall not exceed one-third (1/3) of the value of the property within the Aeeesament District subject Go sswument es determined by an independent nppreieel undert eken for the City utilizing the appraisal assumptions approved by the City. SECTION l9. Conflict with Other Ac resmente. Nothing contained herein shall be constructed ae releasing amore from any condition of developosnt or requirement Smpo eed Dy nny other agreement with City. In the event of a conflicting provlelan, ouch other agreement shell praveil unlus such conflicting prevision ie epeciticelly waived or modit led in writing by City. SECTION 20. CeMrnl St andartl of Rsawnablsnsn• Any ptoviBion of this Agreement which requ irea the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 21. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect io the matters contained herein and no prior or contemporensoue agreement or vndezstanding, oral ar writtsn, pertaining to any such matters shall be effective for any purpose. No provia ion of this Agreement may be modified, waiver, amended or added to except Dy a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition ie or may he sought. SECTION 22. Notices. Any notice, payment or instrument required oz petmltted by this Agreement to be given or delivered to either party shall ba deemeC to have been raceivod when personally delivered or seventy-two (72) hours following deposit of the same in any United 9tetae Poet office in Celitornia, registered or certified, pootage prepaid, addressed ae follows: owners: Attn: City: 10500 Civic linter Drive Rancho Cucamonga, CA 91729 Attn: City Nsnagec each party may change its address for dolivory of notice by dolivsrlnq written notice o! such change of address to the other party. SECTION 23. Severabillty. Zf any provision of this Agreement Le held to be Lllegel or unenforceable by a court of canpatent jurisdletion, tho rameindor of this Agreement shell be gluon •ftact to the Culloot extent reasonably possible. 98CTION 24. 9ucceeeora and Aeeigne. This Agreement shall be binding upon and Lours to the benefit of the euccesecre and aoolgne of the pert tae hereto. owners may oat assign its rights or oDligat lone hereunder except upon writtsn notice io City within ten (10) days of the data of such assign- ment indicnt Lng the name and addcaoe of the aeeignee. Upon each noL Lce and the assumption by tAe eesignee of the rights, duiiae and oDllga- tiona of the Owners arising under or fray ChL Agreement, Owners shell be released by City from all future duiiae or obligations doing under or from this Agreement. Notwithstanding the preceding sentence, owners may assign its rights and obligatlone hereunder es security to l.e odors for the purpose of obtaining loene to finance development within the Aeossement Oietrict, but no such era lgnment shall release Owners Cran Lte obligations hereunder io Clty. SECTION 25. Governlng Law. Thle Agreement end any dispute arising hereunder ohell be governed by end interpreted In accordance with the lave of the 9tato of California. Additionally, this Agreement and the conetruetion of the improvements shall ba subject to all City ordinances and regnlatione relating to the requirement of improvement ngreamente, land division, improvement security or other applicable development requirements. SECTION 26. Naiver. }eiluxe by a party to insist upon the strict performance of nny of the provisions of taie Agreement Dy any other party, ar the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party~e right to ineiei and demand strict compliance by my other party with the terms of this Agreement thereafter. SECTION 27- Singular and Plural; Gender. A6 used herein, the singular of any work includes tae plural, and texme in the masculine gender shall Lncluda the feminine. 38CTION 28. Counterpart e. This Agreement may be executed in counterparts, eeeh of which ahe11 bo deemed an original. BXBCVTSD by and between the patties hereto on the dty and year Bret hereinabove written. "CITY" CITY OY RANCHO CUCAMONOA ATTHST: CITY CLERK CITY OP RANCHO CUCAMONCA STATE OF CAIPOANIA Masi Commerce Center Partners II, a California Limited Partnership By SMT Masi, Inc., General Partners MAYOR CITY O- RANCRO CUCAHONCA BTATE O} CALIYOANIA APPROVED AS TO FORM: CITY ATTORIIEY CITY O} AANCNO CUCAMONOA BTATE O} CALIIORNIA "ONNER5" NAeZ COt4fEACE CENTER PARTNERS, a California general psrinerehip By: By: Jac s res ant C1'1'V OF RANCHO CUCAMONGA STAFF REPORT DATE: November 17, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY Mike Long, Supervising Public Works Inspector SUBJECT: APPROVAL TO APPROPRIATE 5225,000 FROM FUND 12 - "TDA ARTICLE 8" (A/C 12-4637-9204) FOR THE SIGNAL AND RELATED STREET AND DRAINAGE IMPROVEMENTS AT HAVEN AVENUE AND BANYAN STREET nccnrcwnaTrrw It 1s recommended that City Counctl approve an appropriation of 5225,OOO from Fund 12 - "TDA Article 8" for the signal and related street and drainage improvements at Haven Avenue and Banyan Street. BACK6RlIUIID/AI W XS I S In FY 92/93 City Council appropriated funds for the lnstallatton of a traffic signal at the Haven Avenue/Banyan Street intersection. However, during that year the scope of the project was increased to include street Improvements to the intersection. This increased scope required additional design which delayed the construction of the project to this year. It 1s now necessary to reappropriate those funds for this fiscal year. This project includes the installation of a traffic signal at the lntersectlon while eliminating the severe dip through that lntersectlon on Banyan Street. This appropriation will not impact any projects City Council previously approved 1n the FY 93/94 Budget. Respectfully submitted, ~~' i~ William J. O'Neil City Engineer WJO;ML:dlw 73 DATE: TO: FROM: BY: ---- CITY OF RANCHO CUCAMONGA STAFF REPORT November 17, 1993 Mayor and Members of the City Council Jack Lam, AICP, City Manager Rick Gomez, Community Development Director Karen McGuire-Emery, Associate Park Planner SUBJECT: APPROVAL TO AWARD AND AUTHORIZATION TO EXECUTE A CONTRACT FOR THE LIONS PARR COMMUNITY CENTER ROOFING PROJECT TO REY-CREST ROOFING & WATERPROOFING COMPANY FOR THE AMOUNT OF $63,971.00, ($58,155.00 PLUS A 102 CONTINGENCY). TO BE FUNDED FROM ACCOUNT N0. 13-4563-7043, AND IN ADDITION, AUTHORIZE APPROPRIATION IN THE AMOUNT OF $63,971.00, FROM THE FUND 13 RESERVE ACCOUNT TO ACCOUNT 13-4563-7043, FOR THIS EXPENDITURE. RECOMMENDATION It is recommended that the City Council award and authorize execution of the contract for the Lions Park Community Center Roofing Project to the lowest responsive bidder, Rey-Crest Roofing 6 Waterproofing Company, for the amount of $58,155.00 and authorize the Administrative Services Director to expend $63,971.00 ($58,155.00 plus a 10} contingency) to be funded from the Fund 13 Reserve Account. Per previous Council action, bids were solicited, received and opened on November 4, 1993, for the Lions Park Community Center Roofing Project. The following is a summary of those bide received: Arch. Estimate: $56,785.00 Bidder Rey-Crest Roofing & Waterproofing Nelson Roofing, Inc. Eberhard Roofing Verdugo, Florencio Roofing Co., Inc. Don Luginbill Roofing, Inc. (dba J.J. Roofing) J. ;ab 6 Sons_Rda2~ing, inc. Submitted, _~ Director Bid Date: Nov. 4, 1993 $58,155.00 $65,000.00 $71,224.00 $71,616.00 $77,124.00 $62,838.00 7~ la't'Y VP' iCANUHU I:UUAMUNtiA STAFF REPORT DATE: November 17, 1993 TO: Mayor and Members of the City Council Jack Lam, AICP, CiTy Mamiger _ L FROM: Jerry B. Futwood, Deputy City Manager % `~ SUBJECT: APPROVALOFAMENDEDSANBERNARDINOCOUNTYSCHEDULE A FOR LAW ENFORCEMENT SERVICES FOR THE CITY OF RANCHO CUCAMONGA IN THE AMOUNT OF 57,588,444 Approval of amended Schedule A for Law Enforcement Services in the amount of 57,588,444. The City of Rancho Cucamonga is in receipt of Schedule A for Law Enforcement Services for the City of Rancho Cucamonga for Fiscal Yeaz 1993/1994. At this time, staff cannot recommend the approval of the County of San Bemardino's new law enforcement ooatract as there are a number of issues that must be resolved with the County's Administrative office. This is the same position most County contract cities are taking. However, Schedule A, which is the financial portion of the contract, can be rnnsidered by City Council as part of the City's annual budget. Therefore, staff recommends that City Council approve Schedule A as a separate component pari of the mntract for law enforcement services. R peMfully submritted~` ~ i~~,~.y,." erry B. Fulwood Deputy City Manager JBF/dk ~s scasnuLS A LAar saroscsadT essvzcs cONrRACr cITY oP RAecso coCAROaaA IY 93/91 FY 93/91 SERVICE C06T• d - 198 Hour General Law Patrol Vn1ta 93,756,616•• / - EO xour canaral Law Patrol Unite 12 unite w/radar) 896,436•• S - S6 Nour Oenersl Law Patrol Unite 805,011•• S - 10 xouc cenecal Law Patrol Vn1ts 12 units w/radar) 569,997•• 5 - 40 xour Traltic Patrol Motorcycles with Radar 540,995•• 4 - 40 xour R-9 Un1t 301,696•• B - 40 Nour Detective Un1t^ 950,109•• R6a1u Irsas 1 - Captain with unit 109,073•• 3 - Coaaunlty Servleq Otficecs 111,161 2 - Poeensic Speelallst 2I 111,891 3 - Sheritt'a 6arvice Speeialista 196,191 1 - eubllc Intoc^atlon Clark 27,911 3 - Senior Deputy Difterentlal 17,81d 1 - Deputy II DARE olticer 97,570 L - Research Analyst 44,000 1 - Saeretary II O1lta rentlal I,8S0 1 - secretaryy I DStHnntial 1,511 1 - 6upeevietnq Station Clerk Di!lerantial 3,319 1 - Station Clark 33,097 1 - Marked Unit 8,167++ S - unurked Vni!^ 31,695•• 1 - Aid-Sise Pickup Truck 6,459•• 2 - Marked R1ni-Vans (DABS van insurance only) 6,057*• 1 - Marked /%/ 10,314•• Servieea and supplies Credit (60,1081 CAD/CL6TS/RRS 10,169 county Direct Cose 117,551 Start-Vp cost Vehicles end S~ployees 11,161 ros3T1oN cRCDZrs Lieutenant - .3S Cradle (32,852) eecgean< - .07 Credit ( 5,773) Station Clerk - .z0 Credit ( 3,3101 Motocpool Servioee Assistant - .60 Credit 1~1 TOTAL „ i~i~ D2R6CT C06T6 ARa Ta06i C06T8 A69E68ED TO THE 6RCRITf'6 DEPARTMENT 6Y TNY COUNTY roR, Personnel Liability Inauranca - 9106,431 Personnel Sondlnq he - 9 B1S Vehicle znaurance he - 9106,335 MONTHLY PAYR6NT 6CaE0VLt~ 1st payaant due the 16th o! July - 9932,376 Ind through 11th paysen! due the Sth of each aoneh - 9632,370 (07/01/97) PROS 1 e! 3 7~ scswor.a A aArr sMroacaMMM: saavrca coM:MACr clrY or MAMCMO CI)CAMOMOA rY 93/9a City will b• blllad on • quarterly 6asia !o[~ Actual Overtip Coati Ovaztiae and coure appaaranwa •atiaated !or rY 93/9d Se X117,000. rrolasatonal sarvieq rroa rrivata Vandora. sarvicea and tuppliea. ruai •nd Maintenance (i! applicable). R-9 Chargea~ Coat !or lood, ndieai •apenaea, •tc. • tubjeet to change dva !o aalaey and benelit changes or board o! lupervisor• action. •* Wu coal •nd Maintananca. City i• reaponadbl• [or lual and aaintanance of •11 contract vehielee. Maintenane• !s delined •• •11 routine aaintanance, all neaeoazy repairs (NOMnical oc body repairl, and rspplaoepnt of any deatroyad vehicle. S! vehicle dauga i• •llgibl• !or eowcage under Cevnty inevnnce polielaa, • claia will be filed with County Miak Manapaaant. Any coney raiabucaed byy aiek Manapaaant will be endiNd to the Clty'• •ecount to a!laet city oeala. (07/01/93) rA0{ 1 Ot 3 7 urY or EANCt0 cocAMONa- LAIf sNroNCSMENT eaNTEAeT PY 9I/!4 bArtTY 6iNEM4 1 - CAPTAIN 2 - rORENEIC II 2 - LItVTENANTb 3 - btiRIPI'b SERVICE tPECIALIETb 10 - 9tR66ANTb 1 - RitiARCR ANALYST 13 - DtPVTY III'b 1 - bECEETARY II 55 - DEPUTY II'b 1 - OtC1tTARY I iII 3 - COMMUNITY bEEVICEb OrrlCiRt 1 - BUritVIEIN6 STATION CLtRR 12 - bTATZON CLEERb 1 - AOTONOTIVt ASSISTANT 1 - PUBLIC INPOSNAT20N CLixR 10.45 - 3573 DISPATCRitS VESICL68 EOVIlMSNT 31 - MARRED rATROL UNITS 4 - MDAR OLINS (Lneiud~• R-9) 14 - UNMARRED UNITD 1 - DARE VAN 1 - 4x4 1 - MID-sits lICRUP TEUCR b - MoTOicxcute 77 (07/01/93) PROS 3 Or 3 7~ CITY OF RANCHO CUCAMONGA .,; ,x. STAFF REPORT DATE: November 17, 1993 ~ - T0: Mayor and Memhers of the City Council Jack Lam, AICP, City Manager FROM: Niltiam J. O'Neil, City Engineer BY Sheiley Maddox, Engineering Aide SUBJECT: ACCEPTANCE OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CHARLES S. AND THERESA L. NENITT, FOR THE DEFERRED CONSTRUCTION OF SIDENALK AND STDEET TREES ADJACENT TO 9623 ALMOND STREET, LO.^ATED NEST OF ARCHIBALD AVENUE RECONEINIATIpI It 1s recommended that the City Council adopt the attached resolution accepting the subJect real property Improvement Contract and Lten Agreement and causing it to record. BACK6ROIIID/ANALYSIS Charles S. and Theresa L. Hewitt have requested a building penmit for an addition to their single family residence at %23 Almond Street west of Archibald Avenue. Street improvements are a condition of issuing the 6uilding permit. The City Code requires that all missing street improvements aWacent to a property be completed upon issuance of a bull ding permit. Sidewalk and street trees are missing 1n this case. Staff felt it was appropriate to defer these Tmprovements, if secured by a lien agreement, because: (1) The sidewalk is not necessary et present, because there 1s no sidewalk on ad~ecent property, and (2) The Development Code requires that sidewalk be placed on one side of Lhe street 1n this area (the equestrian overlay district), which side of the street has not been decided as yet, so tt 1s passible that Future circumstances couid render sidewalk 1n this location unnecessary. A copy of the Agreement 1s available 1n the City Clerk's office. Respectfut~bmitted, C~~.,~"~ N1111am J. O'Neil City Engineer NJO:SM:dlw ~9 RESOLUTION N0. /~ -~~S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROYEI~NT CONTRACT AND LIEN AGREEMENT FRON CHARLES 5. AND THERESA L. HENITT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (APN 1061-521-20) NHEREAS, Lhe City Council of the C1ty of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, t0 establish requirements for construction of public improvements in conjunction with building penelt issuance: ana NHEREAS, tnstallatton of sidewalk and street trees established as prerequisite to issuance of building penait for an addition to a single family residence at 9623 Almond Street has been met by entry into a Real Property Improvement Contract and Lten Agreement by Charles S. and Therese L. Hewitt. NON, THEREFORE, THE CITY COUNCIL OF THE CItt OF RANCHO CUCAMDNGII, CALIFORNIA HEREBY RESOLVES to accept said Real Properly Improvement Contract and Lt en Agreement, authorizes the Mayor and the C1ty Clerk to sign same, and directs the City Clerk to record same to the Office of the CounlV Recorder of San Bernardino County, California. 'oa3 AGmonD ST• CITY OF RANCHO CUCAMONGA N 1T ' YlC/LAITY MAP ~,~;~wjT~- /_ZEN Abn1T ENGIIIEF.ItIId(} DMl9I0N E7IFII811~ A • ~rrx yr xeuv~nu u~unmurv~n STAFF REPORT ~`~~ DATE: November 11, 1993 - T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY Shelley Maddox, Engineering Aide SUBJECT: ACCEPTANCE Cf' REAL PRODERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MJIRTtN R. AND JANICE A. CLEVER, FOR THE DEFERRED CONSTRUCTION OF SIDEWALK AND STREET TREES ANO REMOVAL OF THE EXISTING BRICK/NROGHT IRON FENCE WITHIN THE STREET RIGHT-OF-NAY ADJACENT TO 9029 CABELLERO DRIVE, LOCATED NEST OF BERYL STREET It is recommended that the City Council adopt the attached resolution accepting the subject real properly Improvement Contract and Lien Agreement and causing Tt to record. BACK6Rdllq/ANIU.VSIS Martin R, and Janice A. Clever have requested a building permit Par an addition to their single family residence at 9029 Caballero Drive west of Beryl Street. Street improvements are a condition of issuing the building permit. The City Code requires that all missing street improvements adtacent to a property be completed upon issuance of a building penatt. 5ldewaik and street trees are missing in this case. Staff felt 1t was appropriate to defer these Improvements, 1f secured by a lien agreement, because: (1) The sidewalk is not necessary at present, because there is no sidewalk on adJacent property, (21 The Development Code requires that sidewalk be placed on one side of the street 1n this area (the equestrian overlay district), which side of the street has not been decided as yet, so it's possible that future circumstances could render sidewalk 1n this location unnecessary, and (3) The installation would require the removal of existing landscaping and a brick/wrought iron fence which can be enjoyed until the sidewalk is necessary. A copy of the Agreement is available in the City Clerk's office. Respectfully submitted, ~2~~ William J 'Mali City Engineer NJO:SM:dlw S~ RESOLUTION N0. R ~ '~~ A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MARTIN R. CLEVER AND JANICE A. CLEVER AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME (APN 1061-331-22) NHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public improveswnts in con,~unctlon with 6u11ding permit issuance; and NHEREAS, installation of sidewalk and street trees and removal of the existing brick/wrought Iron fence within the right-of-way, established as prerequisite to issuance of building permit for an addition to a single fmafly residence at 9029 Caballero Drive has been met by entry into a Real Property Improvement Contract and Lien Agreement by Martin R. Clever and Janice A. Clever. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA HEREBY RESOLVES to accept said Real property improvement Contract and Lt en Agreement, authorizes the M4yor and the City Clerk to sign same, and directs the City Clerk t0 record same in the Office of the County Recorder of San Bernardino County, California. ~~ g3 Cuba//ego ~~ CITY OF RANCIiO CUCAMONGA Exanv~en~rQ Drvrs~ox N ~~; VICINITY MAP •aaL6'SI.EVER LIEN AGMf ~iAOi l: A CITY OF RANCHO CUCAMONGA STAFF REPORT •'. DATE: November 17, 1993 T0: Mdyor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nilliam J. O'Neil, City Engineer BY Ntilte Valbuena, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 11640, LOCATED AT THE EAST CORNER OF TERRA VISTA PARKIIAY EAST AND MOUNTAIN VIEN DRIVE SUBMITTED BY LEN IS DEVELOPMENT COMPANY RECOMMENDATION It 1s recommended that the City Council adopt the attached resolution accepting the subJect Agreement and Securities and authoriztng the mayor and the City Clerk to sign said agreement. BACR6ROUND/ANALYSIS Tentative Parcel Map 11640, located at the east corner of Terra Y1sta Parkway East and Mountain Vtew Drive, within the Terra Vista Community Plan was approved by the Planning Commission on May 13, 1992, for the creation of a single 9.8 acre parcel for the development of an elementary school. The final Parcel Map was approved by the City Council on October 7, 1992, and recorded on November 16, 1992. The Developer, Lewis Development Co., 15 submitting an agreement and securities to guarantee the construction of the off-site Improvements in the following amounts: Faithful Derformance Bond: 528,400.00 Labor and Material Bond: 514,200.00 Copies of the agreement and security are available in the City Clerk's Office. A letter of approval has Deen received from the Cucamonga County Nater District. Respectfully 's/ubmitted,(> ~ (' City Engineer NJO:NY:~h g5 RESOLUTION H0. ~ ~ ~ ~ / A RESOLUTION OF THE CITY COUNCIL aF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PARCEL MAP 11640 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for Its consideration an Improvement Agreement executed on November 17, 1993, by Lew15 Development Company as developer, for the improvement of public right-of-way adiacent to the real property specifically described therein, and generally iocated at the east corner of Terra Vista Parkway East and Mountain Y1ew Drive; and NHEREAS, the installation of such improvements, described in said improvement Agreement and subject to the Lanes thereof, 1s to be done to coniunctton with the development of said real property re ferred to as Parcel Map 11640; and NHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Securities, which is identified to said Improvement Agreement. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCMpNGA, HEREBY RESOLVES that said Improvement Agreement a~ sold Improvement Securities be and the same are hereby approved and the Mayor 1s hereby authorized to sign said Improvement Agreement on behalf of the Ctty of Poncho Cucamonga, and the City Clerk to attest thereto. ~/~ T Y~~j ~~~~ / / !v ` is ~ t~O /~~-1~ \ ~~ ~ ~ ~ ~PJ L^~'_ ~_``` \ _ ~~ f`1 \\\ -~ _ ~--..1 ~`~- ~. L /_~ ~~ ~.. Ra J~ P" ~ ~\ ~~. n~ ~ ~ `-~~-.J" ~~ ~ ~.. ~ _ Y . -~~ . ~ . ~ CITY OF ' RANCHO CUCAMONGA E."IGIIPEERII~IG DM.4ION N nas: PP.,B E~ ~- ~~ ~~ err. f1 - ~rrz yr xwlvurlu uuuwmorrcw STAFF REPORT DATE: T0: FROM: BY SUBJECT: November 17, 1993 Mayor and Menders of the City Council Jack Lam, AICP, City Manager Nilliam J. O'Neil, City Engineer Monte Prescher, Public Works Engineer APPROVAL 70 SUBSTITUTE SECURITIES BETWEEN THE CURRENT DEVELOPER, BROCK HOMES, AND THE NEM DEVELOPER, J.C,C. DEVELOPEO=NT, FOR TRACT 12332-2, LOCATED ON THE EAST SIDE OF HAVEN AVENUE AT ALMOND STREET RECOMIEIDATION It is recommended City Council authorize the release of the Faithful Performance Bond and the release of the Labor 8 Materials Bond six months after this date for Tract 12332-2, Brock Homes, and accept the Faithful Performance Bond and Labor E Materials Bond for Tract 12332-2, J.C.C. Oevelopment. &ICK6ROUMD/ANALYSIS Brock Homes developed a custom tract consisting of 150 lots and all private street Improvements located one tract to the east of and at the end of Haven Avenue. Brock Homes has completed to the satisfaction of the City Engineer, all private street improvements except as noted beiow. It must be noted these Improvements are on private streets, not in the public right-of-way. The existing bonds and agreements apply only to the private street tmprovements and do not apply to any private/public trails or public improvements. Brock Homes has sold all of the 150 lots to individual owners except for 26 tats which were sold to J.C.C. Development. At J.C.C. Development's request, Brock did not complete the sidewalks, drive approaches and street trees ad,~acent to the 26 lots purchased by J.C.C. Development. J.C.C. Development built homes on some of the lots and has sold some of the cots to individual owners. All the improvements have been completed adiacent to the tots with homes. The drive approaches and sidewalks will be completed 1n front of the vacant lots at the time the homes are built. They will be completed by either J.C.C. or the new owner, depending an the escrow/sates agreement. Some of the existing curb depressions for the future drive approaches did not match the new owners home plans. Therefore, some new owners elected to complete the drive approaches and sidewalks with their other concrete work. In either case J.C.C. is ultimately responsible to the City to cause the completion drive approaches and sidewalks. Brock Homes has requested that J.C.C. Development provide the surety for the remaining improvements and that City Council CITY COUNCIL STAFF REPORT TRACT 12332-2 November 17, 1993 Page 2 consider the surety replacement. Staff has no objections to the requested surety replacement because the remaining improvements are less likely Lo be damaged if completed at the time the homes are completed. There are no other homes in the area that are affected by the missing improvements, and Ordinance No. 430 requires that the improvements be completed prior to utility connections being made to the affected homes. Therefore, it is recommended City Council authorize the surety replacement. DEVELOPERS: Brock Nomes 3360 Shelby Street Ontario, CA 91764 J.C.C. Development 3480 Torrance Boulevard Torrance, CA 90503 Release: Faithful Performance Bond (1,381,000.00 Labor b Materials Bond f 690,500.00 Accept: Faithful Performance Bond S 33,063.00 Labor 6 Materials Bond f 16,532.00 Respectfully submitted, ~~ ~~~~ Nilliam J. O'Neil City Engineer NJO:MP:Ia Attachment 89 RESOLUTION N0. ~3 . ~,l A RESOLUTION OF THE CITY COUNCIL OF TWE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING A SUBSTITUTION OF SECURITIES FOR TRACT 12332-2 WHEREAS, the construction of the Improvements for Tract 12332-2 are substantially complete, and J. C. C. Development witl complete the remaining Improvements. MHEREAS, J. C. C. Development 1s posting a security equal to the amount of the remaining improvements and Brock Homes' securities are being released. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, HEREBY RESOLYES that Lhe securities for Tract 12332-2 are being substituted, and J. C. C. Development N111 be resDOnslble for the remaining improvements. go Gl'1'Y UP' HANCHU CUCAMONGA •'7"'~> , STAFF REPORT ~_ DATE: November 77, 1993 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FRON.: Hrad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: SI~1 OADIN AN CE AMENDMENT NO. 93-01 - CITY OF RANCHO COCAMONGA - An amendment to allow additional monument signs for shopping centers. RWC01!ffiIDA4Ig7: The Planning Commies ion recomo:ends approval. A8AL7SIH: This amendment will increase the ei gna for shopping centers from a maximum of two monument signs to one for each street frontage to better identify major tenants. In addition, the amendment will also allow shopping centers to also have a sepateie "project identification monument^ sign which incorporates the name of the center into architectural theme walls. The Planning Commission initiated this amendment and conducted a public hearing on September 22, 7993. A copy of the Covmission staff report and minutes are attached Ear your information. Hespe ~ lly su tted, era Le Cit tanner HH:DC:sp Attachments: Exhibit "A" - September 22, 1993 Planning Commission Staff Report Exhibit "H" - September 22r 1993 Planning Commission Minute9 Planning Commieaioa Resolution No. 93-9H Ordinance 9/ U1'1'Y VN' IfANUHV UUVAMVNIiA - ~TAFF x2EPORT .` DATE: September 22, 1993 T0: Chairman and Members of the Planning Commission ~,v` PROM: Hrad Buller, City Planner HY: Dan Coleman, Principal Planner SCHJ^c CT: SIGN ORDINANCE AMENDMENT NO. 93-01 - CITY OF RANCHO CUCAMOI7GA - An amendment to allow additional monument signs for shopping centers. BACI(G ROUND: On August 11, 1993, the Planning Commission directed staff to initiate this amendment to address monument signs for shopping centers with more than twc street frontages. This discussion regarding the number and location of shopping center monument signs originated during the review of a Conditional Use Permit request for a health club in the Thomas Winery Plaza. ANALYSIS: The Sign Ordinance currently allows shopping centers to have monument signs on two street frontages. The monument sign can identify the name of the center and two tenants oc identify three tenants (see Exhibit "A"). Eight out of eighteen existing shopping center6 (excluding regional canters) within Rancho Cucamonga have three or more street frontages. For example, the Thomas Winery Plaza end Foothill Village have three street frontayes; Central Park Plaza, Vineyards Marketplace, and Terra Vista Village have four street frontages (see Exhibit "B"). The Planning Conanission felt, and staff concurs, that signs benefit the consumer and the community as a whole by making it easier to find hus finesses. Therefore, staff believers it would be appropriate to modify the limitation on the number o£ monument signs to provide greater flexibility on sign location and to properly identify shopping centers and major anchor tenants. OPTIONS: In their discussions, the Covmissieh indicated that monument signs may not be appropriate on every street frone~ge. Staff explored the following options: Allow only on major, secondary or collector streets: This is impractical hecause none o£ the eight centers would qualify based upon the General Plan, Specific Plan or Coamunity Plan. 2. Allow only on streets of a certain length: Por example, if we used San Bernardino Road (Thomas Winery) ae a base line, the minimum street length would be 550 feet. Of the eight shopping center6 affected, the Victoria Village and Perry'e Center would not meet this criteria. Staff does not support this option because it could be more restrictive than the current regulation. 9~ PLANNING COtRAISSION STAFF REPORT SOA 93-01 - CITY OF PANCHO CHCAHONGA aeptember 22, 1993 Page 2 3. Allow only on streets at the front or side of a shopping center, and not allrnr on streets at the rear of a center. The "rear" is diEf icv It to define for shopping centers such as Central Park Plaza and Terra Vista Village. In both centers, the site plan design is such that the loading docks and service doors at the back side of the center face streets which also provide window exposure and driveway access. Staff dces not support this option because it would prohibit monument signs at key entry points for some shopping centers. 4. Allow a monument sign on each street frontage of a center. Staff recommends that a monument sign be allowed on each street frontage of a shopping center. In addition, staff believes that a new category of sign should be created: "project identification monument" sign which incorporates the name of the shopping center into architectural theme walla, such as at an intersection (see Exhibit "C"). RECOMMENDATION: Staff recosmends that the Planning Commlaelon adopt the attached Resolution recommending approval to the City Council. Rasp lly s fitted, Hr Hu lle Ci y Planner BH:DC:mlg Attachments: Exhibit "A^ - Typical Monument Slgn Exhibit "B" - Shopping Center Site Plans Exhibit "C" - Typical, Project IdentiEicatlon Sign Exhibit "D" - Planning comniesion Minutes Dated August 11, 1993 Reaolution of Approval Ordinance !~3 II II ~~a °° I~ `-' `$~~ ~ ~ `QI ~~R I I ~' ae I~° III 14g6~a f z o m N ~~~= I~ ~9 I -~ ~ .~~. !;l _ - ag"-- y • o~" • a "• _ ~ a. P. 3.L~~E~ -f Y. 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I I~ i i ~ ~ ~ '2j i! ~, ---------------- ~, 5 O! U W W=W ~ O ~T. _ U OLL ~ F >~: m i ~z-z ¢ I m w ~o~rWnNO¢ v ~~i 4 00`~~ Y w ~ao¢oo¢o0=WZ~= uZt~i1m~x ' ¢1-wWOZ~O ¢C1:~0 ayO~NOi7 3 a amd¢p 3~mam. n.'m FN]CYCY m Q mU Gui u ~ S1 ]2 ~j { ~~- ~_ a r.=-... '' r-- ~..... - w ~~ .zy i '/ i o a ~. ~' W W ~' ~` ~ i'~ Z iy, I~ I i ~ ~ ~ a { ~-,-' ' Z O i{ F a .~ -- - ----y ----_--- ~ ~"~',~ WSJ' ti.. W ~' ~ Z ~~~_....- -, ~ (9 /oz a ~ a m ~ `-' ~ %' ~~ ~,~,~~~ `. i ~ 4 Q y o g i t- Ml l i~ 5 ~iyU~~~ ~~Cr /D 3 E. REVIEW OF SIGN ORD INANC CARDING NVMBER AND N OF MONUM NT SI~~ Btad Buller, City Planner, et at etl the item was before the Comm ise ion ae the result of discussion at the last Planning Commission meeting regarding ehs Thomas Winery Center. Dan Coleman, Principal Planner, observed that Che Development Code allows ono monument sign par Kraat frontage with a maximum of two monument signs for Neighborhood Centers. Ne provided layout of the eight centers in the Clty which have more than iw street frontages. Ne noted that Terra Vista Town Centel and Poothill Markstplaee are permitted moro monument signs beeausa CMy ors cone idered Regional Cenurs. Commie loner Matcher stated he was in eympethy with CommLeloner Vallette'• point of view that another •ign on San Bernardino Road would be a benefit to the Thomas Winery Center. Commie loner Va11etL noted that Commie inner Tolatoy had tUO expressed concarn^ Chet the hospital on Nil liken above Pooihill Boulevard also needed more slgnage. She felt slgnage ie • benefit to the consumer to indicate were i• located in the canter. SM said tM purpose of Che Sign Ordinance le to guard against an overabundanes of signs and she did not feel ellowinq additional eignage on frontage roads for the sight centers noUd would W contrary to the pr lnciples and eM original thought proese• of the Sign ordinance. Commie loner Me1cMr agrod that signage Ls s benef It to Iho conwmsr, thenhy benefit inq the msrcMnb. Ne acknowledged Lhs Planning Commlulon has concerns regarding esthetics and visual quality of the communityi but he Celt ii L hard to find many of Che smaller shops In soar of CM tsetse Decauu the shops scs ditf LCUlt to see and tM signs an small an0 restricted. Ns Eel[ the ord insets should be readdrousd. Commlseioner ToLeoy tilt' Uat signs should M permitted on the mayor entrance strseis, but not necuerlly at the backs of shopping centers. Ne felt Central Park Plaza should not nscseurily have • tlgn on Cllena West. Chairman NeNiel agded that there should not W • blanket opportunity to have a monuarnt •!qn on every street frontage. Ns noted that Vletoria Village has a third wcu^ oft a small cut-ds-sac street and he did not [eel It should nscauerlly haw • monument sign. He suggeeted a wrMhop to discuss tM matter. Ne thought agnument ^!qm can De attractive. Commie loner Chltlea concurred. She felt there may De wme appropriate toter tons and noted the Code would ned to be changed rather than making exceptions. Brad Buller, Clty Planner, Celt It weld bs appropriate [or the Commieelon to direct stale to peepers an amendment to eM Sign Ordtnanee with Lngvage to Planning Commie ion Mtnuue -S- August 31, 1993 ~~4 I ~!'` „~i /off banatit tha consumer and provide additional monument ation for •hoppin9 embr• with more Chan two street trontagee. He auggeated there may be proviaiona allowing monument •ign identifying the center without identifying Lndividual tenants which would ba permiiied as exceptions and not be counted as monument signs. Conmioicnar Melchor rayvoetad that graphic axample• he included with tM staff report. Mr. Buller ruponded that mould be done and tM matter would be Drought back tc the CortmLaion as noon as staff time permits. F ELECTION OF PLaNNIN6 CO3L ISS ION CHAIR AND VI I N Comm •lonsr Me1cMr felt the Coamiaalon •hould formally proceed with the electi wan though new appointments have not been made !or the Cammiulon. He sugge that the sitting chairman and vice Chairman b• prwailed upon to continue to erve. Motions Moved Melchor, seconded Dy ToLtoy to nominate Larry MCMlel as Chairman and Suza • Chitlu as Viee Chairman. Motion carried by CM following vote: AYESe COMMISSIONERS: CNITIEA, MCNIEL, M6LCHER, TOLSTOY, VALLETTE NOES: COMMISSIONERS: ONB ABSENT: COMMISSIONERS: N -carsls0 . . • . Motions Moved by Melchor, seconded by 7:55 p.M. - The Planning Commiaa ion adjourned August 11, 199Jr in the Rains Rona regarding Deelgn Review [or Tract 13316. Reepeetfully submitted, / a Brad Roller Sccratary Planning Conzpiuicn Minute^ -)- carrlM 5-0 Co adjourn. wotkahop at E:00 p,m. on ~opment Rwlew 93-13 and August 13, 3997 /DS RESOLUTION NO. 93-80 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, RECOMMEND INC APPROVAL OF SIGN ORDSNANCE AMENDMENT 93-01, AMENDING TITLE 14 OF THE RANCHO CVCAMONGA MUNICIPAL CODE REGARDING MONUMENT SIGNS WHEREASr on the 22nd day of September 1993, the Planning Comm ieeion held a duly advertised public hearing pursuant to Section 55864 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commies ion hne made the following findings: 1. That the Amendment will provide for development of a comprehensively planned urban community within the District that is superior to development otherwise allowable under alternate regulations; and 2. That the Amendment will provide for development withln the District in a manner coneiatent wish the General Plan end with rel8ted development and growth management policies of the city. SECTION 2: The Commiuion finds end determines chat the psojeci identified above in this Resolution ie exempt from ihs requiremsnt• of the California Enviranmsntal Quality AcG of 1970, as emended, and the Cuitlalinee promulgated the reuntler, pursuant to Seet ion 15061)D)~3) of the 5t ate CEQA Guid¢linee. NOW, THEREPORE, BE IT RESOLVED: 1. The Planning Cammieeion Hereby recommends ihet the City Council approve and adcpt Sign Ordinance Amendment 93-01 to modify the Nunicipel Code per the ettacAed Ordinance. APPROVED AND ADOPTED THIS 22N0 DAY OF SEPTEMBER 1993. PLANNING COMMISSION OF THE CITY OP RANCHO CUCANONCA BY ~~ PLANNING C01e4ISS20N RESOLUTION N0. 93-80 50 93-01 - SIGN ORDINANCE AMENDMENT September 22, 1993 Page 2 Z, Brad Buller, Secretary of the Planning Commission of the City of Raneho Cucamonga, do hereby certify that the foregcinq Reaolut ion was duly and regularly introduced, passed, end adopted Dy the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Conmieeion held on the 22nd day of September 1993, by the following vote-to-wit: AYES: COMMI SSIONEAS: CEITIEA, MCNI EL, MELCMER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMZSSIONERS: TOLSTOY /O~ ORDINANCE N0. 516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SIGN ORDINANCE AMENDMENT 93-01, AMENDING TITLE 14 OF THE RANCHO C UCAMONGA MUNICIPAL CODfi REGARDING MONOM.ENT SIGNB. A. Recitals (i) On September 22, 1993, the Planning Conmissicn of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Sign Ordinance Amendment. Following the conclusion of said public hearing, the Planning Commission adopted Resolution No. 93-80, thereby recommending that the City Council adopt Sign Ordinance Amendment No. 93-01. (ii) On November 17, 1993, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this ordinance. (iii) All legal prerequisites prior to the adoption of this ordinance have occurred. B. Ordinance The City Council of the Ciiy of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Section 14.03.281 is hereby added to Chapter 14.08 to read ae follows, and all aubaequent sections aze renumbered accordingly: 14.080.281 Project Identification Sign: "Project identif icaci on sign" means a sign which identifies, in words and/or graphic logo, the theme name of a development. SECTION 2: Section 14.20.100, aubae et ion 2. Business identification (bus ineesee within shopping centers), ie hereby amended to read, in words end figures, na shown in the attached Exhibit "A." SECTION 3: This Council finds end determines Yhat the project identified above in this Ordinance is exempt from the requiramenta of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 16061(b)(3) of the State CEQA Guidelines. SECTION 4: The Mayor shall ei gn this Ordinance and the City Clerk shall cause the same to ba pu611ehed within fifteen (16) days after Lis passage at least once in the Inland Valley Daily Bulletin, a newspaper of general cirru lotion In the City of Ontario, Cal iEornia, and circulated in the City of Ranchc Cucamonga, California. °9 ~ E~ 5 I9°9 ~ ~~ ~3 ~~C e9 °_° : g v ~ c' °`~ • " s o°!c a E i BB S ~ c ` as ° ~o<° c c` ' BC ~ s .~re~ o~~ °6'~ ~'9^~~ ~ z °'°°& c~e° u ~,53ti3 rc 5 , R to "° 8 "` ~5ko ' °°F ~ q ° ` ` ~ 55 °a ~D a i ~ ~ 'E a ~ ~ 9 u 5 p~ 2c a5c u 9~ ~ ~ e ~ ~ e 8 u ° l :a 4~:a F~5& 8s5~ _ F ~ P F 2 y ~ °p a„ • . ~~. ti V `iuV ° siE..e V = ' = x°.3 5 0 5 Rd P9 R ~ PO ° ~ oa :~ °Y 8~ i: 8` ter. n ~~~ ua ~°$ s° ~'p r P• y :m ,_ i~ •g ° : ! a5 ~s°;g . ~ ` o!~j o~i ~ o ~E /! 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R . ctl ~9 39 oED ~ ~~C 3~$: `~ 44 5 2 ~b'Y ' yb a° °• 5g°, S~ cEe r ~ °asy: 8y~ 3 ~ 4 gn g aq 8` ° ~.5~ .~ 8~ s. a tq ~~ ffq 3~.5~ g ~ ~ ~q; a q' ~ • 0 6 ~o,'eaEL~ 4;3E ~ Htl ra °~ ~L ~ ~ • rt~ ~' Sit' i i 4: gg • . q c c°'~Sc i tl • b • 3.~~ oll ~~ g~~ a v y }~ y ~°~i8~o~ Y~~ Y~ y~t ~~p 78i ~.3tlc 9y~ 85~~ 3d 88. v ~SixE o~6 of a {~ oh•'y •~ ~~ tlP ~a8° ~` 5S +71 u / ss gg 3;~n 5 b b k g s s~a f9b`w BuS i8E ~5:2 r3 ~5~. a t35 i~~ ~~9 ~^ tl L u ^ E ~ ° A d a • S 8 ~t ~ ~ ~l a • • m • 9~ 3 9 i c 6 O O 3 G iV O O D 0 1I•d°e yy Z~jjL 2 5$E~~ E ~ I3 ~ ~~a3~ E i SHS y~P r 55C P g P f • 8gr.•tl ~~~gg 8~°~ ~• ~~8 `~ g9 • gg a' ~ ~ C E3~s i~ 6 '~I~~ ~: e31~~ ;~ o a g @~ I ~. 9~ ~ yye ~Ctl~ ~~~ i i• ~ 99 g r ~5g~y~~~ ~~&,"z~as ,~ A_Z a Vll1 yr n,trllvlinV Vua~nnaviwn STAFF REPORT DATE: November 9, 1993 10: Mayor and Members of the City Council Jack Lam, AICP, City Manager t FROM: Duane A. Baker, Assistant to the City Manager S[JBIELT': POSTPONEMENT OF HEARING TO CONSIDER FORMATION OF COMMUNITY FACILITIES DISTRICC 93-3 (FO(yffIILL MARKETPLACE) At its meeting of October 6, 1993, the City Council adopted a resolution of intention to form a community facilities district in relation to the Foothill Marketplace project. At that time the City Council set a public hearing date of November 17, ]993 to consider the formation of this district. Ie is being requested that this public hearing be postponed until December 1, 1993. The reason for the request is two fold. First, the City has not yet received from ',ht. developer a document necessary for the proceedings. This document is the "Consent and Waiver to Shortening of Time for Conducting a Special Election". Second, the public hearing scheduled for November 17, 1993 was not properly noticed in the newspaper. The property owner has been consulted regarding this matter and is in concurrence that the hearing should be carried over to December Ist. All of the necessary documentation and Icgal noticing is taking place so that the public hearing may be held at the City Council meeting on December 1, 1993. Rcspgetfully Submitted, //Jf 1. ~.a-. ~~ Duane A. Baker Assistant to the City Manager DAB/dab ~~~ Cl'1'Y VP' 1tANUHV UUUAMUN(iA STAFF REPORT ,r- DATE: November I7, 1993 7CJ. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: CONSIDERATION OF AN ORDINANCE PERTAINING TO DEVELOPMENT STANDARDS FOR THE ESTABLISHMENT OF ADULT-ORIENTED BUSINESSES It is recommended That the Cily Council approve this Ordinance which will add section 17.04.090 to the Rancho Cucamonga Municipal Code pertaining to development standards for the establishment of adult-oriented businesses. The City Council, al a goals and objectives workshop, directed staff to propose revisions to our regulations of adult oriented businesses. This project was identified as a priority by the City Council in an e((on to help the City control the blighting effect that adult-oriented businesses can have on certain land uses. This blighting effect is evidenced by studies conducted in Indianapolis, Indiana; Los Angeles, California; Phoenix, Arizona; and Austin, Texas. These studies have identified increased crime rates, particularly sexually oriented crimes, and lower property values as being associated with adult uses in an arc a. A Land Usc Planning Study was prepared to identify buildings and useable sites within the southeast industrial area that could be used by adult businesses under the proposed restrictions, A copy of this study was distributed to the City Council earlier. W'lh the Land Use Planning Study and the studies of other cities as the foundation, this ordinance has been prepared to deal with adult-oriented businesses in a comprehensive (ashiou. The ordinance includes a clear set of definitions relating to adult business types and activities. Further, minimum proximity requirements arc scl forth which establish a 1,500 foot setback from other adult businesses and from Senailivc land uses such as residences, schools, churches, parks, public buildings, and certain major arterial streets. The amendment prohibits closed viewing areas in adult businesses and prohibits the establishmem of an adult business without first having obtained an adult enlcrlainmcnt zoning permit from the Cily Planner. This permit will allow the staff to review the backgrounds of those seeking to establish an adult business and will aid in verifying that the use is consistent with the requirements of the Development Code. rrz crrv coltNCa ORDINANCE ESTABLISHING STANDARDS FOR ADULT BUSINESSES November ]7, 1993 Page 2 At the writing of this staff rcpon, the ordinance was scheduled to be heard and reviewed by the Planning Commission at a pahlic hea.^:rg on November Ip, 1993. At that hearing, the Planning Commission will consider a resolution recommending approval of the changes to the Development Code that this ordinance would cause. The actions of the Planning Commission, in relation to this ordinance and its changes to the Development Code, will be presented separately at [he City Council's public hearing. The adoption of this ordinance will give the City a statute chat reFlects recent case law, is based on strong evidence supporting causality between adult businesses and blight, provides adeyuatc protection of First Amendment rights, end is better able to withstand regal challenge. For [hest reasons, it is recommended that the City Council approve this ordinance. Re~sp~ectf~u`lly~ S/u/b_~mitted~,/~/~~ Duane A. Baker Assistant to the City Manager DAB/dab A ttachmcnt //3 ORDINANCE N0, 517 AN ORDINANCE OF TN8 CITY CODNCIL OF T88 CITY OF RANCHO CIICAMONGA AMENDING TH8 RANCHO CDCAMONGA MIINICIPAL CODE BY ADDING A NEN SECTION 17.0.090 PERTAINING TO DEVELOPMENT STANDARDS FOR TH8 EBTABLIBHHENT OF ADOLT-ORIENTED BOBINE8886 AND MARINO FINDINGS IN BOPPORT THEREOF. Recitals. (i) The Development Code of the City of Rancho Cucamonga, at Section 17.10.030 F. 1., currently provides regulations for the approval and establishment of adult-oriented businesses within the City of Rancho Cucamonga. Recent studies prepared by other jurisdictions with respect to the establishment of such adult-oriented businesses have demonstrated that a number. of detrimental social and economic effects are produced to those persons and properties immediately surrounding established adult-oriented businesses. Moreover, recent opinions of the United States Supreme Court have upheld local regulations of such adult-oriented businesses when regulations are predicated upon the fact that establishment of such businesses disrupt the social and economic welfare of those areas immediately adjacent to such businesses and, therefore, disbursal of such businesses from churches, schools, parks and residences is necessary and appropriate for the preservation of the public health, safety and welfare. (ii) Prior to the adoption of this ordinance, this Council has had available and reviewed detailed studies prepared by other jurisdictions with respect to the detrimental social and economic effects produced to those parsons and properties immediately surrounding established adult-oriented businesses. These studies included those prepared by the Cities of Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and, Austin, Texas. The consensus of these studies tend to demonstrate that the crime rate in areas surrounding even one adult-oriented business tends to escalate (particular as to sex-related crimes) and that property values in such areas tend to show a marked decrease. This is particular true given a close proximity to residential areas. The general summary is that it is reasonable and prudent that local jurisdictions exercise zoning power to regulate the location of adult••orienced businesses to operate in areas of community that, while accessible to their patrons, are located in districts that are least likely to injure the general welfare of residents. Based upon the findings and conclusions set forth in said studies, this Council hereby finds as follows: (1) Areas within close walking distance of single and multiple family dwellings should be free of adult-oriented businesses; (2) Areas where children could be expected to walk, patronize or recreate should 6e free of adult-oriented businesses; (3) Adult-oriented businesses should 6e located in areas of the City which are not in close proximity to residential uses, churches, parks, and other public facilities and schools; (4) The image of the City of Rancho Cucamonga as a pleasant and attractive place to reside will be adversely effected by the presence of adult-oriented businesses in close proximity to residential land uses, churches, parka, and schools; (5) Regulation of adult-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the City before the problem exists, rather than in response to an existing problem; (6) Commercial areas oP the City patronized by young people and children should be Pree of adult-oriented businesses; (7) Areas where students are walking to and from school should be free of adult-oriented businesses so not to be subjected to confrontation with the existence of such businesses; (B) Adult-orientefl businesses should be regulated by zoning to separate them from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself; (9) The location of adult-oriented businesses in proximity to residential uses, churches, parks and schools may lead to increased levels of criminal activities, including prostitution, rape, incest and assaults in the vicinity of such adult-oriented businesses; (10) The experience in numerous other cities has shown that the location of adult-oriented businesses tends to degrade the quality of areas in which they are located and cause a blighting effect upon the city. (11) Location of adult-oriented businesses in close proximity to residential uses, churches, parka and schools will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the city. Such adverse effects on property values will cause the loss of some commercial establishments followed by a blighting effect upon the commercial districts within the City, leading to 3eterioration of the commercial/economic quality of the City; (12) Location of adult-oriented businesses within walking distances of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of such adult-oriented businesses; (13) A reasonable regulation of the location of adult-oriented businesses will provide for the protection of the image of the City of Rancho Cucamonga and its property values, and protect the residents of the community from the adverse effects of such adult-oriented businesses, while providing to those who desire to patronize adult-oriented businesses an opportunity in areas within the City which are appropriate for location of adult-oriented businesses; (14) The initial location oP adult-oriented businesses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impacts of the location of adult-oriented businesses upon residential uses, churches, parks and schools and directly cause adverse impacts upon the image and quality of the character of the entire community; and, (15) The above-referenced findings and concluaiona can be feasibly promoted and/or achieved by adoption of this Ordinance. (iii) The Planning Division of the City of Rancho Cucamonga has conducted and completed a study of properties within the City of Rancho Cucamonga as they will relate to the development propensities and characteristics oP adult-oriented businesses; the result of snoR study to evaluate and recommend reasonable, prudent and thorough regulations concerning the location and operation of adult-oriented businesses Sn those areas of the community that, while accessible to their patrons, bast promote the goals, findings and policies set forth in subparagraph (ii), above. Prior to the adoption of this ordinance, this Council has reviewed the findings and data contained in such study (entitled "Land Uae Planning Study, September 1992") which study is incorporated h_rein by reference. (iv) On 1993, the Planning commission of the C t~p gancho Cucamonga conducted a duly noticed public hearing concerning the above-referenced zoning ordinance amendment and, following the conclusion thereof, adopted iY,s Resolution No. , recommending that the City Council of the City of Rancho Cucamonga adopt these amendments. (v) On 1993, this Council conducted and concluded a duly noticed public hearing concerning the subject amendments to the Development Code. (vi) All legal prerequisites prior to the adoption of th is ordinance have occurred. B. ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION j,. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION y,. The City Council of the City of Rancho Cucamonga hereby finds that the project has been prepared and reviewed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, specifically finds that based upon substantial evidence it can be seen with certainty that there is no possibility that the proposed ordinance will have a significant effect on the environment and, therefore, the proposed Ordinance is exempt pursuant to State CEQA Guidelines Section 15061 (b)(3). SECTION ~. Sflctions 17.02.140 C.3, 17.10.030 B.2 and 17.10.030 F.1 of the Development Code are hereby repealed. SECTION 4. The Development Code is hereby amended to add a new Section 17.04.090, to be read, in wards and figures, as follows: "17.04.090 Adult Entertainmen Business. "A. PURPOSE "It is the intent oP these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks and residentially zoned districts. The City Council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area, and increase in crime, and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and 4 uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. "B. QEFINITIONS "1. It is the intent of this Section that the definitions set forth in the Development Code shall apply but only where they do not conflict with any definition set forth in this Section. "2. Establishment Qg BB Adult Entertainment Business "AS used herein, to "establish" an adult entertainment business shall mean and include any of the following: "a. The opening or commencement of operation oP any such buainese as a new business. "b. The conversion of any existing buainaea, whether or not en adult entertainment business, to any adult entertainment buainese as described herein. "c. Tne addition of any adult entertainment buainese as defined herein to any existing adult entertainment business iP the addition results in enlargement of the place of buainese. For purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. "3. Specified Anatomical Areas "AS used herein, "specified anatomical areas" shah mean and include any of the following: "a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the tops of the creole; or "b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "4. Soecif ied Sexua Activities "As used herein, "specified sexual activities" shall mear and include any of the following: "a. The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttock or female breast; "b. Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodemy, or bestiality; or "c. Masturbation, actual or simulated; or "d. Excretory functions as part of or in connection with any of the activities set forth in 'a' through 'c' above. "5. Adult Entertainment Establishment ^An adult entertainment establishment is any place of business in which one or more of the following activities are conducted: "a• 8$Sd1C Book ^~4L@. A commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines or display, shelf, rack, table, stand, or Ploor area used for the display and sale of the following: "(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representation which era characterized by an emphasis upon the depiction or description of "specified sexual activit ies^ or "specified anatomical areas"; and/or "(2) Instruments, artificial devices or paraphernalia which are designed for use in connection with "specified sexual activities.^ The term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical. "b• &dult Motion Picture Establishment. shall mean a commercial establishment with a capacity of 50 or more persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, 6 describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." For purposes of this subsection and subsections c, d, e, f, g, h and 1, "substantial portion of the total presentation time" shall mean a regular and substantial course of conduct. "c. Adult Mini-Motion Picture Theater. Shall mean a commercial establishment with a capacity of more than 5 but less than 50 persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographs reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." "d• Adult Motion Picture Arcade• Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to Live or fewer persona par machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing "Specified Sexual activities" or "specified anatomical Areas." "e. ~~ Drive-in Theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other Forms of visual productions, for any form of consideration to persona fn motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified sexual Activities" or "Specified Anatomical Areas" for observation by patrons. "f. gdult Cabaret. A nightclub, bar, restaurant or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished ar characterized by en emphasis on "Specified Sexual Activities" or by exposure of "Specified Anatomical Areas" and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by en emphasis upon the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons. "4• Adult Motel ,off off tel. A hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons. "h. Adult Theater. A theater, concert hall, auditorium or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on "Specified sexual Activities" or "Specified Anatomical Areas" for observation by patrons. "i• eslUl: K4~1 Studios Any establishment open to the public where, for any form of consideration or gratuity, figure models who display "Specified Anatomical Areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. "This provision shall not apply to any school of art which ie operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma. "7• Sexual Encounter Establishment. A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with "specified Sexual Activities" or the exposure of "Specified Anatomical Areas." "This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state of California engages in sexual therapy. "k. Bodv painting Studio. Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when such body is wholly or partially nude in terms of "Specified Anatomical Areas." "1. Other Adult Entertainment @usinesses. Any other business or commercial establishment not herein defined: "(i). Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to "Specified Sexual Activities" or Specitied Anatomical Areas"; or "(2j. Which devotee more than 50 percent of the total area used for display of Ste stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to "Specitie8 Sexual Activities." "C• L8E8:e £4H AIIIILT EtITEBTLItl~t{T v_cmA@r.r_c_ssrawmc DEVELOPMENT STANDARDS "Adult entertainment establiahmenta are permitted only in those areas of the City within the boundaries of the Industrial Area Specific Plan located east of Haven Avenue and south of Foothill Boulevard; and as further consistent with the proximity requirements of this Section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in the Development Code for a District and use most comparable to Lhe proposed adult entertainment business, as determined by the City Planner. "D• MINIMUM PROXIMITY REOUI "No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below: "1. No such establishment shall be established within one thousand five hundred (1,500) feet of any other adult entertainment establishment. "2. No such establishment shall be established within one thousand five hundred (1,500} feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (i.e., City Hall, County offices, courthouse, libraries, etc.) and the right-of-way on the following: Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard and I-15 Freeway. "E. MEASUREMFNm 4E DISTANCE BETWEEN USES "The distance between any two adult entertainment establishment shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall oP each business. The distance between any adult entertainment establishment and any school, public park or residential zone, etc. shall ba measured in a straight line, without regard to intervening structures, Prom the closest exterior structural well of the adult entertainment business to the closest property line of the school, public park or residential zone, etc. "F'• CLOSED YIE331iSi BBEES "No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms or other areas within its place of buaineas that are used, designed or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any City inspectors standing at the front door (not to include existing and approved restroom facilities.) "O• BDULT ENTERTAINMENT ZONING p~gjs REOUZRED "It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the city Planner. 10 "H. PERMIT AP "1. Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the City Planner on a form provided by the City Planner. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution. "2. The application for a permit shall contain the following information: "a. The name, address and telephone, number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than 10~ of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the Hama and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. "b. Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a parson authorized to accept service of legal notices. "c. The proposed business name of the adult entertainment establishment and description of the type of adult establishment. "d. Street address of the proposed adult entertainment establishment and the tax assessors parcel number for the property. "e. A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property. "f. If the adult entertainment establishment was in existence as of the effective date of these regulations the dote the establ iahment first commenced operation. 11 "y. Any other information reasonably necessary to accomplish the purposes of these regulations. "3. Referral to Other City Departments. The City Planner may refer the application to other City departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. "4. Action on Application. The City Planner shall determine whether to grant or deny the permit within thirty (30) working days after receipt of a complete application. "I. GROUNDS OI_L E DENIAL/REVOCATION "1. The City Planner shall approve the permit unless he or she determines from a consideration of the application, City impaction of the premises or other pertinent information that: "e. That information contained in the application or supplemental information requested from the applicant Sa false in any material detail. "b. The proposed location of the adult entertainment business would not comply with the requirements of Section C or D. "c. The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations. "d. The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to the City's building, health, zoning, and fire ordinances. "e. That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which stockholder owns more than 10$ of the applicants' corporate stock, which permit has been suspended and the period of suspension has not yet ended. 12 "2. Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form. "3. An adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in sub-section (1) (a-e) above. "J. PER ZM '~' CONDITIONS "The City Planner may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Rancho Cucamonga Municipal Code. "K. ~$ Q$ TRANSFER ql: BUSINESS "NO adult entertainment permit may be sold, transferred or assigned by the permittea, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee ie a partnership and one or more oP the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partners in a partnership granted a permit hereunder may make application to the City Planner, together with the Pea established by the City Council therefor, to amend the original application providing all information as required for partners in the first instance and, upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, stock may be sold, transferred, isauzd, or assigned to a person not listed on the application as a stockholder, the permit shall be deemed terminated and void; provided, however, the proposed transferee may submit to the City Planner, together with a fee established by the city Council, an application to amend the original application providing all information as required for stockholders in the first instance, and, upon approval thereof, the transfer may then occur. 11 "L. 11~ PERMIT REQUIRED "The permittee must apply for a new adult entertainment permit as follows: "1. Prior to any change in the location of the adult entertainment establishment. "2. Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein. "3. Prior to any change in the business name of the adult entertainment establishment. "4. Prior to the enlargement of an existing adult entertainment establishment. "N• OS&PLBY 4f EEffi1ST "Each person to whom or for who a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persona entering the premises. "N. VIOLATION ~ PENAr.Tr_pi "1. criminal 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 section. Any person, firm, partnership, or corporation violating any provision of this Section or failing to comply with any oP its requirements shall be deemed guilty o£ 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 section is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Section. "Z• Civil Remedies Available. "A violation of any of the provisions of this Section shall constitute a nuisance and may be abated by the City through civil process by means of restraining 14 order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance." SECTION ~. Section 17.10.030B of the Development Code is hereby amended to add to the "Uses Table" a reference to "Massage Establishments" subject to the conditional use permit process, in only the General Commercial District. SECTION ¢. 2f any section, subsection, sentence, clause, phrase or any portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction or preemptive legislative, such decision or legislation shall not effect the validity of the remaining portions 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 portions is preempted or it declared invalid or unconstitutional. SECTION Z. 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 =ludp(~ vallev pajly Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED and ADOPTED this day of __., 1993. AYES: NOES: ABSENT: ATTEST: Debra J. Adams, City Clerk 15 Gl'1'Y VN' KANCHO CUCAMONGA STAFF REPORT DATE: November 17, 1993 TO: Mayor and Members of the City Council FROM: Susan Mickey, Management Analyst I SUHSECT: CONeIDERATION TO ADOPT A REBOLOTION AP7 RECOMMENDATION' That the City Council approve the purchase of Scott Cable Communications, Inc. by DCA Cablevision and the appointment of the Marks Group, Inc.. as the new managing general partner of DCA Cablevision. BACftGROUND: OCAA Cablevision was granted a franchise by the City of Rancho Cucamonga on April 17, 1985. In March, 1992, The Marks Group appeared bsfore the City Council requesting approval to buy interest in DCAA Cablevision. At that time, The Marks Group provided extens~.ve financial and background documentation as required by Title 7. The City Council approved the purchase on March 26, 1992. DCA Cablevision has now expressed its intention to purchase Scott Cable Communications, Inc., which was also granted a franchise by the City on April 17, 1985. In addition, The Marks Group will be acquiring greater control of DCA Cablevision. ANALYBIB• Per Section 7.02.100 of Title 7, which is the City's cable enabling ordinance, any sale, transfer, lease or disposal of a franchise must be approved by the City Council. Further, the ordinance requires approval by the City Council when there is any transfer oP control. In addition to purchasing Scott Cable Communications, Inc., The Marks Group is also acquiring greater control of DCA Cablevision by the appointment of The Marks Group, Inc. as the new managing general partner of DCA Cablevision. On both the purchase ~R and the transfer of control, the ordinance requires The Marks Group to provide financial and background documentation to the City, as the franchising authority, prior to approval. The Marks Group has provided all of the required information which has been reviewed by the City Attorney's Office and the City's cable consultant and found to be satisfactory. Respectfully Submitted, ,C{~, Susake~ %{ //f Management Analyst I ~~ DRAFT/10-14-93 R880LOTIOE BO. 93-~~ A RBBOLOTZOH OF TE8 CITY COORCIL OF TH8 CITY OP RAECHO COCABOR(;A, CALIPORHIA, APPROVIEO (II TRB BALB HY BCO:T CAHLS COMEDNICATIOHB, IEC. OP ITe CAHLB TELEVIBZOR 8YBT88 TO DCA CAHLEVIBIOR, (ZZ) TB8 CARCELATIOE OP TEAT CERTAIR FRAECEIBB AORBSMSRT DATBD APRIL 17, 1985 BY ARD HBTABBR THE CZTY AED BCOTT CABLB COMNQEICATIORB, ZRC., ARD (III) THE APPOIETKEET O! TH8 MAR1C8 6RODP, IRC. AB TBB RE11 MAEAOIEO OERERAL PARTRER OP DCA CABLEVZBIOE. A. RECITALS WHEREAS, DCA Cablevision, a California general partnership ("DCA^), owns and operates a cable television system (the "DCA System") in the City of Rancho Cucamonga, California (the "City") pursuant to that certain cable television franchise agreement dated April 17, 1985 heretofore entered into by and between the City and DCA (the "DCA Franchise"); WHEREAS, Scott Cable Communications, Inc., a Texas corporation ("Scott Cable"), has for more than three years owned and operated - and continues at the date hereof to own and operate - a cable television system (the "Scott Cable System") in the City pursuant to that certain cable television franchise agreement dated April 17, 1965 heretofore entered into by and between the City and Scott Cable (the "Scott Cable Franchise"j; WHEREAS, DCA and Scott Cable have notified the City that Scott Cable desires to sell and transfer to DCA - and DCA desires to purchase - the Scott Cable System, subject to obtaining the City's consent thereto; WHEREAS, for purposes of convenience of operation, DCA desires - upon DCA's purchase of the Scott Cable System - (i) to consolidate the operation of the Scott Cable System and the DCA System under one franchise, that being the DCA Franchise, and (ii) to have the Scott Cable Franchise cance l)ed; WHEREAS, Scott Cable is willing to consent to the cancellation of the Scott Cable Franchise effective upon the closing date (the "Closing Date") of the sale of the Scott Cable System to DCA; WHEREAS, effective upon the Closing Date, DCA desires to appoint The Marks Group, Inc., a Delaware corporation ("MGI"j controlled by William J. Marks, to be the managing general partner of DCA, in place of DCA's current managing general partner, West Coast Cable Partners, Ltd., a California limited partnership ("WCCP") which is also controlled by William J. Marks; ~o~~ - 2 - WHEREAS, the City is willing to consent to the foregoing sale of the Scott cable system to DCA and, effective upon the Closing Date, the canceLation of the Scott Cable Franchise and the appointment and substitution of MGI for and in place of WCCP as the managing generai partner of DCA; and WHEREAS, all legal preconditions to the adoption of this Resolution have been fulfilled; 8. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga that: 1. In all respects, as set forth in the Recitals, Part A. 2. On the basis of the oral and written testimony presented to the City Council by DCA, Scott Cable and the City staff, which testimony is hereby incorporated herein by reference as if fully set forth herein, the City Council concludes that, pursuant to Section 7.O1.100B of Title 7 of the Rancho Cucamonga Municipal Code, it has been demonstrated to the satisfaction of the City Council that, with respect to both DCA's acquisition of the Scott Cable System and DCA's substitution of MGI in place of WCCP as DCA'S managing general partner: A. No person with a defined interest in DCA, including DCA's officers, directors, employees, prospective principals or those with either a legal or equitable interest in five (5) percent or more of DCA's voting stock: (i). Has been convicted or held liable for acts involy- ing moral turpitude or is presently under an indictment, investigation or complaint charging such acts; (ii). Has ever had a judgment or an action for fraud, deceit or misrepresentation entered against such person(s) by a court of competent jurisdiction; or (iii). Has pending any legal claim, lawsuit or adminis- trative proceeding arising out of or involving a cable system. B. The financial statements audited, certified and qualified by an independent certified public accountant show that DCA will, upon and immediately after its acquisition of the Scott Cable System, be financially solvent. C. DCA will have appropriate financial and technical capabilities to enable it to maintain and operate both the DCA System and the Scott Cable System for the remainder of the term of the DCA Franchise. ~~.Z. - 3 - 3. The City, after due consideration, hereby consents to and approves (i) Scott Cable's sale and transfer, and DCA's purchase, of the Scott Cable System, (ii) from and after the Closing Date, DCA's ownership and operation oP the Scott Cable System, together with the DCA System, under the DCA Franchise, (iii) effective upon the Closing Date, the appointment and substitution of MGI for and in place of WCCP as the managing general partner of DCA, and (iv) effective upon the Closing Date, the cancellation and abr ation of the Scott Cable Franchise, mrovided that Scott Cable~~i'1-3S~Dt-a6d remain liable to the City !ormy and all tranablsa Yaea~:~.,fnoyla have bacon due and payabls 1:o ttu c~.ty th9s'BOa~E~' Fran- chise for the period January 1, 1993 to and including the Closing Date (the "Pre-Cancellation franchise Fees") but for the cancellation of the Scott Cable Franchise (and subject to DCA's obligation to be liable to the City therefor in the event of Scott Cable's default thereon); and for such purpose the City hereby approves that certain Assignment, Assumption anfl Consent (the "Consent") heretofore submitted to the City by DCA and Scott Cable, a copy of which Consent is annexed hereto as Exhibit A and the terms and provisions of which Consent are incorporated herein by this reference. 4. The City Council authorises the City Manager or his designee to execute and deliver the Consent to Scott Cable in a form substantially similar to Attachment A hereto. 5. In the event that DCA does not purchase and acquire the Scott Cable System on the Closing Date, as approved herein, then this Resolution shall terminate and cease to be of any further force or effect, without further act of the City Council, and the DCA Franchise and the Scott Cable Franchise shall in that event continue in full force anfl effect. 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of , 1993. /33 ~j(~161~ A~ A TRH CITY 08 RANCHO CDCANONOA, CALIFORNIA CONBENT TO 8AL8 OF CABLB TBLHVIBION BYBTBH~ CANC)JLATION O! CABLH THLHFIBION FRANC8IB8 AOA88NHNT ARD p68IONATION OF N61f NARAOINO 6ENRRAL FARTBRR THIS CONSENT, effective as of the Closing Date referred to in the closing paragraph hereof, among ecott Cabl• Co~suaioations, Ino., a Texas corporation ("Scott Cable"), DCA Cablavision, a California general partnership ("DCA"), and tba City of Aucho Cucuoaga, California (the "city"), LFPY~l~7L'F4:E WHEREAS, DCA owns and operates a cable television system (the "DCA system") in the City pursuant to that certain cable television franchise agreement dated April 17, 1985 heretofore entered into by and between the City and DCA (the "DCA Franchise"); WHEREAS, Scott Cable has for more than three years owned and opera- ted, and continues at the date hereof to own and operate, a cable television system (the "Scott Cable System") in the City pursuant to that certain cable television Franchise agreement dated April 17, 1985 heretofore entered into 6y and between the City and Scott Cable (the "Scott Cable Franchise"); WHEREAS, DCA and Scott Cable have notified the City that Scott Cable desires to sell and transfer tc DCA - and DCA desires to purchase - the Scott Cable System, subject to obtaining the City's consent thereto; WHEREAS, for purposes of convenience of operation, DCA desires - upon nCA's purchase of the Scott Cable System - to consolidate the operation of the Scott Cable System and the DCA System under one franchise, Chat being the DCA Franchise, and to have the Scott Cable Franchise cancelled, and Scott Cable is willing to consent to the cancellation thereof; WHEREAS, Scott Cable is willing to consent to the cance ))ation of the Scott Cable Franchise effective upon the closing date (the "Closing Date") of the sale of the Scott Cable System to DCA; WHEREAS, effective upon the Closing Date, DCA desires to appoint The Marks Group, Inc., a Delaware corporation ("MGI") controlled by William J. Marks, to be the managing general partner o£ DCA, in place of DCA's current managing general partner, West Coast Cable Partners, Ltd., a California limited partnership ("WCCP") which is also controlled by William J. Marks; and ~~ -~- WHEREAS, pursuant to Resolution 93- adopted by the City Council of the City of Rancho Cucamonga, the City is willing to consent to the foregoing sale of the Scott Cable System to DCA and, effective upon the Closing Date, the cancellation of the Scott Cable Franchise and the appointment and substitution of MGI for and in place of WCCP as the managing general partner of DCA; NOW, THEREFORE, in consideration of the premises, it is hereby agreed as follows: Effective the Closing Date, (i) DCA hereby agrees that the term "system" (as used in the DCA Franchise) shall be deemed to refer to both the DCA System and the Scott Cable System, and that DCA's ownership and operation of each of said two systems shall in all respects be subject to and governed by the terms and provisions of the DCA Franchise, provided that - for purposes of calculating DCA's 1993 franchise fees payable with respect to the Scott Cable System - DCA shall not have any obligation to the City for any Pre-CanceLation Franchise Fees (as such term is defined below) theretofore paid to the City by Scott Cable, and (ii) DCA hereby consents to the cancellation and abrogation of the Scott Cable Franchise by the City and Scott Cable. Effective the Closing Date, Scott Cable hereby consents to the cancellation and abrogation of the Scott Cable Franchise (and the Scott Cable Franchise is hereby cance)fed and abrogated effective the Closing Date), provided that Scott Cable does hereby further agree to be and remain liable to the City for the payment of any and all franchise fees that would have be- come due and payable to the City under the Scott Cable Fran- chise for the period .lanuary 1, 1993 to and including the Closing Date (the "Pre-Cancelat ion Franchise Fees") but for the foregoing cancellation of the Scott Cable Franchise. Scott Cable hereby covenants to pay the Pre-Cancellation Franchise Fees to the City within 45 days after the Closing Date. In the event that Scott Cable shall fail to pay any or all of the Pre-Cancellation Franchise Fees to the City within 45 days after the Closing Date, DCA shall be liable therefor and shall in that event pay to the City, within 90 days after the Clos- ing Date, any and all Pte-Cancellation Franchise Fees not theretofore paid to the City by Scott Cable. The City, after due consideration, hereby (i) consents to and approves Scott Cable's sale and transfer to DCA - and DCA's purchase - of the Scott Cable System, (ii) agrees that, effective the Closing Date, the term "system" (as used in the DCA Franchise) shall be deemed to refer to both the DCA System and the Scott Cable System, and that DCA's ownership and operation of such two systems shall in all respects be subject to and governed by the terms and provisions of the DCA Fran- /.~' - 3 - chile, (iii) agrees that, effective upon the Closing Date, the~cott Cable Franchise shall be (and, effective the Closing Date, it is hereby) cancelled and abrogated, provided that - notwithstandinq such cancellation - Scott Cable shall be and remain liable to the City for the payment of the Pre-CanceLa- tion Franchise Fees (and shall pay sane to the City within 45 days after the Closing Date) pursuant to paragraph 2 hereof, (iv) consents, effective upon the Closing Date, to the appointment and substitution of MGI for and in place of WCCP as the managing general partner of DCA, and (v) agrees that DCA may, at any time and from time to time, grant or otherwise convey ons• or more liens or security interests in its assets, including the DCA System and the Scott Cable System and DCA~s riahta and privileges under the DCA Franchise, to any bank(s) or other lender(s) providing financing to DCA from time to time, and that such bank(s) and lender(s) shall have the right to enforce any such liens and security interests and to take title, control and/or possession to or of the respective collateral subject thereto upon prior written notice to the City but without having to obtain the City~e consent thereto, provided that no such bank or lender shall tRereafter take control of and operate (as such terms are used in Section 7.o2.10DC of the Rancho Cucamonga Municipal Code) either the DCA System or the Scott Cable system for a period of more than one year, or sell or otherwise transfer any System-related collateral to any third party (other than in the ordinary course of business), without first obtaining the City~s con- sent thereto (which consent the City shall not unreasonably withhold). IN WITNESS WHEREOF, the parties hereto have caused this Consent to be duly executed, effective as of the Closing Date (such date being that date first set forth under Scott Cable's signature below). T8E CITY O! A718C8O COCA8O8W1~ CALIFORNIA By: Name: Title: Date: , 1993 ATTEST: City Clerk /3G - 4 - DCA CABLEVIBION By: The Marks Group, Inc., as its general partner By: Title: SCOTT CABI,B COID[ONZCATIONBr INC. By: Bruce A. Armstrong, PrasidenL Date: , 1993 (the "Closing Date") frmiren. ord//10-14-97 ~3J la'1'Y VN' 1TANUHU UUUAMUNC+A STAFF REPORT T0: Mayor and City Council FROM: Jack Lam, City Manager DATE: November 9, 1993 SUBJECT: Report On City Finances After First Quarter FY 1993/94 INTRODUCTION. Staff has been asked to prepare information about the status of City finances after First Quarter revenues have been received and recorded. This report describes the background for understanding the City's current financial condition and provides a description of First Quarter revenues . BUDGET BACKGROUND. During the last four years, all cities have had to adjust to the economic slump in ways that are relevant to their own budgetary situation and local revenue structures. Simultaneous with these difficult adjustments, the State of California began taking away taxes generated locally, taxes that our community as well as every community in California depended upon to fund local services, and diverted these dollars for other State purposes. These State decisions have compounded the problems of budgeting and the decision making process. Many citizens do not understand the complex financial relationships between the City and the State and are often surprised that fewer of their tax dollars now go to the City to support the services that they have always received. Services that everyone has taken for granted now either costs more or have been disrupted, through no fault of either the service recipient or the service provider. RANCHO CUCAMONGA'S BUDGET HISTORY. Rancho Cucamonga is a contract city with many of its services privatized. As a result, the City has a smaller work force than other communities of its size. As a contract city, services have assumed a level of cost effectiveness unlike other communities, and its costs for such services are comparatively smaller. Any disruption in revenue flow places a severe strain on these services. The City is also among a number of /ewirropnry to ehNt statewide that receive a smaller, disproportionate share of the property tax, a key factor that must be recognized in any budgetary discussion. As a result, the City has had to rely upon other revenue sources to fund the basic programs that are demanded in this community. However, growth related revenues of the BO's came to an abrupt halt in FY 1990/91. 91.3 million of reserves were necessary to balance that year's budget, an exception no city could afford to have become the rule. /38 Compounding this revenue loss was: 11) the Federal Census undercount which resulted in lost state subvention revenues part way through that fiscal year, (2) the State's adoption of SB-2557 and other budget trailer bills which resulted in loss of property tax and other revenue, (31 the County imposition of property tax administration and booking fees. The Property tax revenue base has been reduced from 52.55 million in FY 1991 /92 to 51.3 million in FY 1993/94. By way of comparison, the Law Enforcement budget alone in FY 1993/94 is @ 58,5 million. Cenentl~ nn/y @ 1 Cents o/every Oo//si psid in property hs is Assubo Cuummrpa goes fe support sll City services. General Fund revenue loss from the State has grown from a little over S700,000 in FY 1990-91 to over S 2.7 million today. This a/one represents en snnus/ revenue /oss o/over 11 % of current budget. In addition, the Stata took away 53.7 million from the Redevelopment Agency in FY 1992/93 and an additional 51.1 million will be taken away this fiscal year. As a response to this and other revenue losses, the City has drastically reduced service expenditures while maintaining public safety services, reduced staffing levels, freezing salaries, and made cost center consolidations whenever possible. Staffing levels were reduced by 22% and cannot continue without severe degradation of services or a de facto collapse of a service. Even thougi~ there is recognition of financial constraints, service demands continue. The following is a summation of expenditure reductions by year: FV 1990191 FY 1991/92 ............................ ..; 2,617,118 FV 1992/93 ............................ .. 3 1,524,699 FY 1993184 ............................ .. S 1,690,090 Cumulative annual reductions: ; 5,721,906 These expenditure reductions represent in nominal dollars a cumulative 16% reduction in the General Fund since FY 1990/91. Givan the fact that tha expenditure reductions had to incorporate the externally imposed 2.3% increased annual costs of operation, the net result is nearly a 25% decline in real service dollars. /39 FISCAL VEAR 1993/94 PROGNOSIS. The following is an update to the August, 1993 report analyzing the impact of the State's 52.6 billion local government diversion on Rancho Cucamonga. CCU General Fund Prnoerty_ Lsaa. Rancho Cucamonga's property tax loss for 93/94 is $782,000. This permerrent property tax loss is in addition to prior year takeaways of S1.7 million which the State did not backfill. Furthermore, a little known provision called the "Little Roundabout" will result in an additional permanent property tax loss of $1.02 per capita, or @ $115,000 to the property tax base. The result is a S 2,706,185 impact on the City's FY 1993-94 General Fund . The State has provided a mitigation in the form of a one time payment from the Stata Transportation Planning and Development Account (TP&D) of approximately 5244,000. This is a one-time payment, which will not be repeated next year. To complicate matters further, the property tax will again be reduced permanently in the amount of $ 69,500 in FY 97/98 as the result of State's elimination of adjustments in property tax loss that compensated for area disaster designation. HalbCent Sales Tax Election. With the successful passage of Prop 172, the half-cent sales tax will continue to provide funding primarily for counties. It was important that this measure passed, as the entire outcome of the Stata budget solution would have been damaged. Of the sales tax attributable County-wide to the measure, only 5% will be made available to be allocated among cities on a formula based upon amount of property tax loss. Rancho Cucamonga's share is estimated to be $179,000 annually. Fire OistricL The Fire District, originally slated for direct AB-8 loss, then indirect property tax loss, was ultimately held harmless. However, the State damaged the District finances in June, 1993 because the Governor's tax shift proposal at that time blocked the Fire District's annual TRANS sale. As a result, the District has used up its reserves and in October, the City loaned the Diattict $1.4 mi7/ion in order for the District to continue its operations through the first half of tha fiscal year. This loan is to be paid back by June , 1994. Depending upon what the State announces in 1994, this situation can arise again next July. Sources in Sacramento inform us that there will be another deficit and that currently, there is some talk of a potential S1 billion local government hit next year since there are still AB-8 funds left. Redevelna~~yapcy, The loss to the Redevelopment Agency is $1.1 Million and payment cannot be made from the Housing Set-Aside Fund. This payment is in addition to the S3.7 million already paid to the State this past Spring. Rancho Cucamonga's Redevelopment payment to the State is the largest in San Bernardino County. /~O REMAINING UNCERTAINTIES. The following represent uncertainties that still are factors which should be taken into consideration for budgeting purposes: Further State Takeaways. Reportedly, there will be one more year of State deficits in which local government may be looked upon for a S 1 billion contribution. How it would be done and from which revenue source will remain to be seen as the State works through its process during the budget cycle this coming Spring. Caun CoMraet Irmliestions. Although Prop 172 passed, the Sheriff's budget still must account for $10 million of budget cuts backfilled by one time Teeter Bill funds in FY 1993-94. The estimated $300,000 additional potential annual exposure for existing law enforcement costs still remain. It is reported that the Sheriff can either cut his own budget, or raises fees for service. On another matter, the County has already discontinued dust control enforcement in cities end will require cities to contract back and pay for this service. Irrwedkiwnt to Fire District TRAN3 Sales. The problem dealing with this Fire District Financing issue could still repeat itself in June, especially since nearly 40% of the district revenues depend upon AB-8 funds. An option would be to strengthen the Distr:t reserves by building adequate fund equity so that a TRANS sale cannot be blocked in the future. State rollover sf FY 1993-99 deficit The rollover of this deficit still leaves the question open about what the State intends to do about it and what more the State may take away from local government in FY 199495. Restrueturine (tpyemmeM Finance. A major issue this fiscal year is the potential for the Legislature and Governor to explore the restructuring of revenue sourcAS for government through the State. Cities, counties, special districts, school districts, and the State share or participate in a variety of revenue sources for the provision of services. If restructuring takes place, there will be winners and there will be losers. SB-1234 was not enacted this year, but moves are already underway to examine potential restructuring. Rancho Cucamonga has already provided testimony to the Assembly Select Committee on Restructuring Government. ~Tl FIRST QUARTER REVENUES. At the direction of the City Council, staff has prepared a comparison of first quarter revenues for FY 1993/94 wkh the two prior year's first quarter revenues, 1991/92 and 1992/93. Also provided for City Council reference, are total estimated revenues for fiscal year 1993194, and a percent of revenue received during the first quarter. The first quarter of each fiscal year is the least reliable for budget projection purposes. The following capsulize the City and District General Fund first quarter revenues: First 9uartar Rsrenue Congsrissn 8 9 Q Fuu y~ Q es % of FY 1997192 FY 1992193 FY 1993194 p City: 5 3,279,441 5 3,888,241 5 4,288,977 t 25,219,888 16.88% Firo: 5 27,248 = 23,881 5 24,868 5 8,833,288 .37% The City's general fund revenues for the first quarter for fiscal year 1993/94 are up slightly over last year's first quarter revenues by approximately 5340,000. While this appears somewhat favorable, the City's Bat quarter revenues represent /ass than 17% of whet should be, based on a straight line estimate, 25%. It should be pointed out, however, that a city receives revenue not in a straight line, but in increments at various times during the year, sometimes unpredictably even within quarters. Further, the 5340,000 increase over last fiscal year's quarter can be attributable to the recently instituted utility user's fee which generated slightly over S 380,000 and maintained the City revenue balance. Overall, the City's revenue picture for the first quarter of 1993/94 is essentially flat with no new surprises. Given the fact that Fire District revenues are nearly entirely property tax based, and property tax revenues are not received in the first quarter there era no significant first quarter revenues to present. City and District revenues and budget are currently stable. /~z ~~~~ RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF TXE CITY OF RANCHO CUCAMONGA, CALIPOPNIA, APPROVING POINT OP HISTORIC INTEREST DESIGNATION 9]-02, TNEAERY DESIGNATING THE C.N. ROSS HOUSt SITE, FORMERLY iACATED AT THE 90UTHGST CORNEA OF ETINANDA AND HIGFD.AND AVENUES AS A POINT OP HISTORIC INTEREST ANA MAKING PIHDINGB IH SUPPORT TIIEAEOF - APN: 227-051-03. NNEREAS, the City oC Rancho Cueamongn has Cilad an applicatlon for Point of interest Duignation 97-02, as dscribad in the eitla of this Resolution. Rereinatter in Chia Aaaolution, the a:>Dieee Point of interest Designation is starred to ea the "application." MII6AEA3, On duly 1e, 1993, the Riatotic PtaNrvatlon Co:~ission of the City of Aencho Cucamonga wnductad a duly noticed public hearing on the application and, [ollorinq the wnclusiw of said puDllc M+rinq, adopted Resolution No. 93-06, Hereby sooanendinq to thL Clty Ccuncll that acid application be approved. NHEIWE, w November 17, 1997, YJ:e CStY Council of the City of Aancho Cucamonga conducted . aretlnq an flu applicatlw and wncludad acid matlnq on that dace. NNERE118, all bgal psraqulaitsa prior to the adoption of this Resolution nave oewrrad. NON, TE1SEEl0lli, the Clty Coumil of eha Ciey of Rancho Cucamonga does hereby find, datermine, and ruolw u follovu stCfiON 1: 'the application appllea to psperty idanti[lad na Aaaaeeor Parcel Number: 221-051-O1. sECf20N 2: 1Le R.wa Camily'• Rama ru an iaportant elarnt In th• historle core of tM ttlvaoda w~unlty. Char]wa N. Rou, a elttua rancher end one o! ttiranda'• aarllaat Nttlara, purchased the corner of Highland and Ytiwanda Avertuu 10 1B9S Nry fj~'.~}J+y~.a~E,~Qj~~hdy'pr~jq~aP~~4 aan o[ the tsantiseh centu r ~ ~ff4 bM ~Mw71'sl'1 annw.gtitilut, The propwed landmark amaea the tol lovlnq criCeria established in Chapter 2.24.090 of the Rancho CuMegn9a Municipal Code: A. Ristdrieal and Cultural Eign1[lcanee: Thm proposed Point of Interest L particu Lrly spruenatiw el a hletoriesl period, typo, style, sgion, or vay o[~lila{. ' " ""I:,' 1~r ~~,w GNb~Je(E x ~r litiivunv uu~nm~ivvn MEMORANDUM DATE: November 16, 7993 T0: Mayor and Members of the City council Jack Lam, AICP, City Manager FROM: zed sailer, City Planner SO&TE CITY CODNCIL AGENDA STEM D 5, N0V6MHER 17, 1993 - DBSIGNATION OP TF18 C.N. A093 ROOSS AS A POINT OF tlISTORIC INTEREST DACRGRWND: On November 15, 1993, I was contacted by legal counNl for the property owners, Ms. Valerie Nisoi. Ns. Niaot !s requesting CM[ thi• Stp G pulled from the conmsnt calendar on Nooeadxer 17, 1993, in order for the Rewlution of Approval to G mended by the SnNttion of a Nntence reading ^Mitigetione have been limited to coammmoratlae plaques" at the end of Section Ii. iL Se her Sntant to protect her clisnt'a interests end to limit Curare City Council actions Sn relation to the development of eha mite regarding pooibla mitigations for the demolitiov of the Rose residence. It Me Gan explained to Ms. NLOt that it would not G appropriate or necessary to impose each language within the resolution •lncs it mould attempt to pre-ivdgs the unknom future of a development proposal. This meso i^ intended to updaCS the Council regarding the property owner's concern on thL .otter. Staff does not support the requested awndment to the resolution. SB:ap Y~~ M1 ~~~ Y~ Brent Rivazd's comments from November 17, 1993 Council meeting: 1. Reduce salaries across the Boazd. 2. He felt the Fire District's budget should be held as is. 3. Reduce fringe benefits for City employees. 4. Evaluate the City's insurance program for employees. 5. Initiate year end furlough program for employees. 6. Introduce budget reductions to each department with incentives for additional efficient operations. ~rrx yr xntvt.:no t:ucAmfortoA MEMORANDUM DATE: November 17, 1993 TO Mayor and Members of the City Council FROM: Chazles J. Buquet H, Mayor Pro Tem SJBJECT: RECOMMENDATION FOR EXAMINATION OF RIGHT-SI7.ING OPPORTUNITIES ~~ 1 was a strong proponent in early t991 of the evaiuadon of our development review processing system in our City to examine positive ways in which to improve those services while eliminating any duplication of the various components of the service. This process led to the subsequent "Arroyo Seco Smdy," and recommendations that arose from that study have had a positive effect upon our organiration, and the implementation of these recommendations have helped assure us of the most cost-effective ways of improving the service. This study has acted as a catalyst spurring "righo-sizing" effons in other opemdonal areas of the City, which has achieved greater cost-effectiveness in these operations. Since then, the [:ity Manager's office and City Clerk's office have operationally merged, effecting txtst savings without compromising service delivery. The Resource Services Department has been consolidated with the Administrative Services Department, thereby reducing the number of C.rty departmen[s. The Park Development staff in the Community Services Department and Design Staff from Engineering Division were consolidated under Community Development as one functional design unit. This summer, the cus[odial and public works maintenance functions were consolidated under Public Works Maintenance to achieve long-term cost savings and greater efficiency by eliminating duplication and effecting greater cross-training opportunities for staff. Further, those park maintenance functions that could be pdvatizal were contracted out for additional cost savings. The stimulus of the Arroyo Seco effort has been a factor in achieving both immediate and long- [erm cost savings. I propose that two remaining areas of opera8on which have not yet been further examined should be studied for cost savings potential. These two areas are the Vehicle Maintenance Operations of the City, Fire District and Police Services, and Fve District Operations. I recommend that the Council direct staff to examine the option of privatiring vehicle maintenance as well as looking at options such as alternate work/operational schedules in the Fire Department in onher to determine whether cost savings and improved operational efficiency may be realized from modifications in both areas of operation. I believe that we can examine these remaining areas and have staff prepare a repot for Council consideration in 90 days, which should also coincide with then-available data as to actual financial impact ~f State and City actions prior to the end of this past fiscal year period. As I have stated previously on a number of occasions, we need to continually wive to find innovative approaches to ensure the long-term financial stability of City operations, and I believe that the recommended examination is warranted at this time. CJB:jIs November 17, 1993 t.' OF RANCHO CUCAMGNGA MEMORANDTJM TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Suzanne Ota, Communiri Services h SUBJECT: Adult Sports Complex r-~- J The purpose of this memo is to address concerns which have been raised regarding special event activities which took place at the Adult Sports Complex on November 6, ]993. 1. Loveland Church Gospel Concert - I had intended to staff the event but was tmable to due to a family medical emergency. Prior to the event, I spoke to Dr. Covington of the Loveland Church to knalize the event details and lek him my home phone number incase he needed it. He indicated that the audience would probably be somewhat less than originally expected. I think the reason for the low attendance (approximately 100 people) was that he was called out of town on several occasions during the planning for the Concert and his leadership was missed. I had also finalized the Complex facility details with Jeff Barnes prior to the event. Full- time and part-time staff kom Facilities and Park Maintenance as well as Police Reserves had been scheduled to cover the Concert. For Scout-O-Rama on November 20th, from Community Sen•ites, Kathy Sorensen will be staffing the event in the morning, and I will be covering it in the akernoon. Phis is a major community special event and several full-time staff from Facilities and Park Maintenance will be also staffing the event. Currently, Community Special Events are being organized and planned on a inter- departmental team basis. Several meetings including on-site visits are normally coordinated with the applicant and staff from Community Services, Community Development, Police and Fire and with John LeCompte. At this time, Kathy Sorensen and f are the only Community Services staff for major Sports Complex community special events. 2. Batting Cage/Vehicle- Part-time Community Services staff were present on Saturday to cover the softball tournament taking place. Staff was unawaze of the batting cage/vehicle being on the premises. In checking with Am Com, the tournament promoter, it appears that this unauthorized activity did take place. Am Com has been advised that unauthorized activities will not be tolerated. Staff has been counselled ro provide increased monitoring of the facility and orurnament programs. 3. Alcohol - In checking with Park Maintenance staff, it appears that beer cans have been found in trash cans and in the dug-out areas. Am Com as well as other tournament promoters will be reminded that alcohol is not permitted at the Complex. On orurnament days, Community Services staff will advise the promoters if alcohol is seen being consumed by players. If the promoters do not cooperate with staff in monitoring and correcting this problem, they wiL be advised that their booking privileges will be in jeopardy and other promoters will be given the opportunity to hold adult sports tournaments. I hope this information responds to the concerns raised. Please let me know if any additional information is needed. Thank you. so/amcom •+~~~~-.~ :?93 .7+53 Faq~t K ~ ~, ?c :?09Sto.5aE -..- KAMINt. ~ItINtK .N UNGcKtK LAWV[NS •L1Vawe a )LO LOVTw T~OV LI,Oa iii[Li~ [u'>[ lLe • •~L~4(a LOS nNGElES. GV.IrOItNin 900lhlroZ ..ooarv[w wow n4( .ew~.o MCVi4 GO •Lrv[ fwR ;alll [>t'OO',)L , November 10,1983 Sent by Fax Before Mailing to (9o9194B-IE4B Dennis L. Stout, Mayor 10500 Civic Center Drive P.O. Hoa 807 Rancho Cucamonga, CA 91730 Charles J. Buquet, Mayor Pro Tempore 10500 Civic Canter Drive P.O. Boz 807 Rancho Cucamonga, CA 91780 Rex Gutierrez Council Member 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91730 Jack Lata, City Manager 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91780 William J. ploxaador Council Member 10500 Civic Center Drive P.G. Box 807 Rancho Cucamonga, CA 91790 Diane Williams Council Member 10600 Civic Costar Drivo P.O. Hox 807 Rancho Cucamonga, CA 91730 RE: GENTRY, etc. v. CITY OF RANCHO CUCAMONGA, et al. San Bernardino Superior Court No. RCV Ob9489 Our F51e No. 042.008 Dear Mayor and Councl Members: The puryuae of this letter is twofold: First, to inform the couaail about the lawsuit and second to request authorization W settle. LITiIiAl'lON Ub:AU1.iPiEB The following deadlines have bees set by the court: Mandatorq settlement conference: December 17,1999 Discovery sat-oft? Decembn 17, 1999 Assignment calendar hearing. Jannaty 19, 1994 (The court assigns the case to an avuilablo trial coEUt) Trial: January 18, 1994 hLV.~-t9-1ac_. 1":51 =QOM F S ~ ?. 199iL-'COLO~e _ _ '.Cc Dennis L. Stout, Mayor City Council Mombere Page No. 2 November 10, 993 THE FACTS The case involves two construction projects in the City of Rancho Cucamonga. ThP firer project, built by Gentry Brothers, Inc. ("Gentry"), was the construction of "Baseline Road West of Victoria Park Lase to West of Interstate 16." The second project, built by The Bermakian Company ("Barmakian"), was the installation of "Stmt Improvements for'I4nct 18886, Parcel Map 118(]d, Baseline Road and Etiwanda Avenue." Barmakian was required to construct offsite street improvements, including a storm drain and sewer line, as a condition to developing a condominium project on the northwest comer of Baseline Road and Etiwanda Avenue. In February 1990, the City of Rancho Cucamonga ("City") entered into agreemeata with Gentry and Barmakiar. for both projects. Gantry's contract wan to be completed within 120 days, boginning on Jnly 2, 1ASN1, and ending on December 21, 1990. $ermekian originally had one year to complete its work, until February 1991. However, Barmakian's time for trompletion was ertended by 4lm City Cowtci] until May 9, 1991. There were two problems. First, Geatry'e project wee immediately aQjacent to Barmakian'e project. Second, Gentry could not finish paving Baseline Road or hooking up the traffic signals until Barmaldan had completed the installation of its storm drain and sewer line. Bermakian pulled its permit for the installation of the storm drain on October 26, 1960. It hirod Stallion Pipeline W install the storm drain. 3tallioa began work in November 1990. By December 10, 1880, Stallion had not yet finished, Meanwhile, Gentry was ready to complete ire paving and treflic signal work. Since Barmakian was not done, City asked Gentry to pull off its job and suspended Gentry a work on December 10, 1990. At the time Gentry's work was suspended, City anticipated that Barmakian would complete the storm drain within a matter of wanks. Fnrh optimism was completely unwarranted. In fact, Stallion did not complete the installation of the sewer and storm drain until mid April 1981. Once completed, Stallion's work wan ttleu rajeutsl by both City and the Cucamonga County Water District ("Distrito"). City rejected the storm drain because.the pipe was out of vertical alf~atant and 40 pipe joinW were open, District rejected the sewer lice because it did not have a steep enough gradient for flow. CP Construction repaired the storm drain by installing a liner and removed and replaced the sewer line. ~.rv;-10-1??~ .~:`i F=~'M 4' S ~~ TO iSE99dE1o.~ P. Z' Dennis L. Stoat, Mayor City Council Members Page No. 3 November 10, 993 btinally, in late August, some Elghl, months after its work waa suspended, Gentry returned sad completed its project. Alsa,in January and February 1991, heavy rains flooded Pecan Avenue and Baseline Road. The water seeped into and around a District vault, traveled along a District waterliao and socpod candor rho paving into Gentry's trench. With the introduction of water, the earth under Baseline Road consolidated and Baseline settled along its length, approzimately 300 feet. The settlement was one to two 18et in depth. City directed Gentry to repair the trench which Gentry did under pmteat. 'P'HE LAW S[71T On January 10, 1992, Gentry filed its first amended wmplaiat against City for breach of contract, on common counts sad for negligence. Gentry seeks to remover demegea for (1) delay and (2) the cost to repair Hewliae Road after the flooding. City answered Gentry's rnmplaint, rained numerous affirmative defenses, and Sled its cross-complaint egainat District, Barmakinn, and Developers Insurance Company ("Developers'), Barmakian'e performance bond and contractor's state license bond surety. City soots equitable and comparative iadamnity and contribntioa ngainet aii cross-deFendanta. Further, it hoe sued Sarmatian end Developer for branch of contract and on Barmakian's performance bond because the delay oa Gentry's project moos caused by Barmnkinn'a fLilure W cumplntn the stvrm drain in tiure and without defects. Sarmatian has cross~complained against City, Stallion Pipeline, sad Gentry for breach of contract, negligence, indemttity, end trespass. Sarmatian alleges that City wu negligent and breached the rnntrect by fkiling to properly inapert Stallion's work, Sarmatian complains that the pipe installation should have been continuously monitored, Instead, both the storm drain end sewer line were rejected after they were completely installed and bacl~lled. GFdVT1tY'8 CLAIlH Gantry's latent claim summary is attached. Gentry's total claim is E481,608.79. The claim is broken down into three parts. Ths "Coats During Work Suspension" ciaimed ere $123,82b,84. The "Trench Repair Claim" is `~~~'~-1J-:?S'_ .- _= FFOh w c ~ '0 :aQSC,;c'~d? ~. c'a Dennis L. Stout. Mayor City Council Members Page No. 4 November 10, 993 $106,296.15. The claim fur "Related Adu~iuiatsative Coate and Orerhead" is $201,587. City breacharl its contract with Gentry by auspendin¢ Gentry's work, City is liable for that breach. The costa which have been substantiated or are reasonable and which have been claimed by Gentry for this item ere u follows: 1. Move in and out expense: $ 9,200.00 2. Barricading: 32,384.00 (lyll L90 to 824/91 263 days at 5128 per day) 3. Damaged and stolen barricades Liability for the trench repair is disputed. City contends that Gentry is responsible for the failure because it did not achieve 80 percent compaction in the storm drain pipe bedding cone material. IIeeauee the soil was not compacted, when it became wet, it consolidated, and 13aaeliae Road settled. City contends that Gentry should have jetted the soil to achieve compaction. Gentry contends that it was told by City that no jetting world be permitted for aay pert of the construction. Gentry blames the City for its inadequate drainage on Pecan Avenue which permitted water to flood the street, enter District's vault and seep into Gentry's trench. Both Gentry and City blame District whose vault was the eatual point of entry for the flood water. City contends that the water could not have soaped into the area azound District's vault if that soil bad been properly compacted by District. For this item, Gentry claims its actual trench repair coat, in~uding markup, in the total amount of $79,279.16. The contract between Citq and Gentry provides that the prevailing party will recover its attorney fees. Becacse the City suspended Gentry's work, Gentry will prevail, and if the case is tried, will recover more thsa the 68,700 in attorney fees incurred as of March Il, 1993. Although Gentry's wort was approximately 90 percent mmpWte on December 10, 1890, City held on to moat of Gentry's retention for the entire delay period. ~KKi-12-I?93 1": SS FP.C7'I Y' c i~ ?0 19099G816d8 ~. e5 Dennis L. Stout, Mayor City Council Members Page No. 5 November 10, 993 Since City suspended the job, a jury might find this approach aafair and award the interest claimed in the amount of $5,739.00 Gentry is also entitled to recover its uaabaorbed home office overhead. A preliminary review of Gentry's records by the experts retained by City indicate that the amotmt claimed is somewhat inflated. COPACLL)BiON If this case is tried, City's exposure will be at least $250,000. I wr71 ba happy to discuss the case and answer atly queetiona at the meeting oa November 17, 1993. V truly yours, Ua~eter PU:cbm Enclosure